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HomeMy WebLinkAbout2002-12-16 (Regular) Meeting Agenda Packet) . .. • • ': .. ~ ~ :· .. l . {,~ ~ .~: ... t -~ .. . . I , . ..... .. ...... • .•' I • . • . ,,. . . ii • . ,,. .. . . " ... . .. •.' ... 0 . .... . . . . . " .. ·.' ;.,a! . • .. ·. ' . .. .. . . :• . .. ' ..... ··-~: -~ : .. ' I, • °'!f: ~ . .. Regular City Council Meeting December 16, 2002 ORD,//.. 67, 68, 69, 70, 71, 72, 73, 74, 75, 76 RESOI /,. )11'• /06, 107, 108, 109, llO, lll, 112, • . . • • " ,. .. • . ~ .. ...... .. ·.• . ' • .. . . . .. O ' •. •• . .. . ·"· • ' .. '· • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rep1ar Seaioa December 16, 2002 I . Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw al 7:40 p .m. 2. Invocation The invocation was given by Council Member Nabholz . 3. Pledp of Allepuce The Pledge of Allegiance was led by Mayor Bradshaw. 4 . RoUCaU Present: Absent: A quorum was present. Council Members Nabholz, Moore, Grazulis, Garrett, Wolosyn, Yurchick, Bradshaw None Also present : City Mana,cr Seara 5. Mlaum City Attorney Brauman Assistant City Manqer Flaherty City Clerk Ellis Planner I Fnx:h1I , Community Development Diffi:tor Ingle, Information Technology Diffi:tor Ross. Public Worb Diffi:tor Kahm, Capital Projects Director Simpson, Community Development Senior Planner Graham, Community Development Senior Planner Stitt. Community Development Diffi:tor OryJlcwicz, Financial Servica Director Fonda. Util ities (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF DECEMaD 2, 2002 . Mayor Brad sha w asked if there were any conections. There were none . V ote ..-dis: Aye5 : Council Memben Nabholz. Moore, Oanea, Woloayn. Yurc hic k, Gruuli . Bradshaw Nay : None Mou .>n earned Enalewood City Couacil Decembu 16, 2002 J>aae2 6. Scheduled Visitors (a) Mayor Bradshaw advised that Joe Serrano, Chair of Keep Englewood Beautiful, would present the awards for the Keep Englewood Beautiful Holiday Lighting Event. Mr. Serrano, assisted by Mayor Bradshaw, presented ribbons and certificates to all of the winners who were present and they were given a round of applause. Honorable Mention Candy Land Award Most Unique Award Coyote Christmas Award Lights! Lights! Lights! Award Serenity Moments Award Snowman Award Taz-in-a-Box Award Angel Award Lifetime Holiday Spirit Award Sherry and Steve Clark Dennis and Kathy Brewer Mini Aea Mart Wallace L. Smith Ganz/Lester family and friends Miller family Mark Alan Greiner Pat Lobb Ron and Melanie Klocwcr DougluHau Dou1 and Barban Barlow Shim and Paula Feasel Steven Martinez Richard and Alice Klocwcr Mayor Bradshaw noted that Al Roker, of the Today Show, may be doin& the weather on Friday from the Kloewer house . But you have to VOte for them by tomorrow at noon. Their house is in the 4900 block of South Elati. • Mayor Bradshaw said the lasr award is the Mayor's Choice Award and it is given to the participant who best expresses the true meaning of the holidays and the holiday lightina event. The holidays are catainly abour brighr lighrs. she said, however they are also about sharina joy and fellowship with our family. friends and neighbors. This year's award is presented to someone who has brought joy and delipt to all of us by decoraring with holiday lights. Mayor's Choice Award Brian and Patricia Moberly Mayor Bradshaw offered her congratulations to Brian and Patricia Mob«ly and Ibey -given a round of applause. Mr. Serrano advised that the winners would be given signs to post and he uked that Ibey meel him llpllain and he would give them the signs. Mayor Bradshaw rhanked Mr. Serrano. Englewood City Council December 16, 2002 PqeJ (b) Eugene Norman said I seek sanc1ion and in1erna1ional amnes1y. All sysacms have qualitalive and quan1i1a1ive polCnlial. Lei us discover them. I do nol negate capitalism; yel do seek change in our view of it We 1rea1 capilalism almosl as a religion, and not a form of usury, which it is. No, I don'I denounce capitalism bul, in fact, wish to save ii from itself. Capilalism is a fasl way to become wealthy. Yel ii is lhe mosl deslrUCtive for the land and psychologically for the people, as well. In lime. as practiced now, ii becomes self-destruclive, if nol altered in ils applica1ion by our ability to oppose stupidity. The Na1ive Americans had one, potenlially. ideal solution to the problem of~-I suggesl we elaborate with painstaking at1en1ion on thal ideal. Superior and highly advanced in its basic concept. ii was called potla1ch and its potency and power cannol be denied on social levels. Every seven years, those who were successful in accumulating goods. were declared winners. The goods were lhen redistribuled. wilhin reason. to the group. This allowed competition and discouraged both greed and envy. Al die present time, we are programming ourselves for Armageddon. Change. and we all win. Most of mankind, given the choice. will choose work ... 1he more inleresting. lhe better. II becomes a matter of intelligent results becoming optional. relalive 10 thal work . An understanding of timelines, of changin1 tncks, of directing our movie, of finding lhe direc1or in ourselves. Of choosin1 life over death, of finding peace. prosperity, equality and integrily ... a more God-like reality. Population, unchecked, is geometric. Subsistence, arithmetical. Our economy is based on absurdities rela1ive 10 realily and everyone has blinders on. Believe me. the King has no clothes on and thal's no lie. I can direct you to answers. but action is our responsibility. Republic is defined as a constilulional form of government. especially a Democratic one. In a Republic, I feel as responsible for the land, in Presidenl Bush's care, as he does. More so, in fact, because I consider him irresponsible in tha1 area of thought and caring. Most Americans, I fear, are quite ignoranl and irresponsible ir, their relations with the land. to our collective detrimenl. Is my faith irretrievable? Your irreverence appalls me. I appeal to God. II is 10 the advantage of the entire country, to hear, understand and achieve confluenl ac1ion relative to the things thal I present The land belongs to God. I welcome the world to a new birth in 2003, and invite our President to invite me on to his land for a period of time. I conacnd thal by so doing, everyone will learn and achieve a much grander viewpoint. Invoke ... "to appeal 10. to pe1i1ion. To call on a higher power for assistance." Do so, I command you and if you choose not to, I command you 00110 do so. So? Mayor Bradshaw thanked Mr. Norman. (c) Frosty Wooldridge. 1458 Ford Place. Louisville. said it is a pleasure to be here and an honor 10 speak before Council tonight. My E-mail is frosty@juno.com and my web site is numbersusa .com. This evening, I have some important information, he said. and, hopefully, inspirational apprecialion for this task that I am presenting you. Fifty years ago, Eleanor R001Cvelt said. "we mllll prevent human tragedy, rather than run around trying to save ourselves or others after an event has already occurred ." Unfortunately, history clearly shows thal we arrive at catastrophe by failing to Kt when we should have acted . The opportunity passes us by and the nexl disaster is always more difflC\111 and compounded than the last one. The advancing catastrophe of overpopulation will become the pique of the 21 " Century and our children will be in the middle of it if we don't act now. For eumple. in the past 10 year s. the world has grown by 880 million people. the Uniled States has arown by 30 million people, and Colorado has grown by 1.2 million people. By mid-century.just 2050. 48 years from now. the population of the world will go from 6 billion to 9.8 billion. The USA is projccled. al current growth rates. 10 go another 200 million more Americans and Colorado will double itself from 4 .3 million to over 8 million . That means. 100% more people in Colorado by 2050, doubling the siz.e of every ci1y in the need for water. and it will add to our problems of air pollution, space. quality of life. sridlock. etc. Nationally, ii means 77 % more people. cars. planes in the air. air pollution. ~in1 pobal warmin1. species extinction. and other horrific consequences. Who. among you. wants that kind of future for your children with anodler 200 million people in the United States strugaling in this country just to be alive . I am inspired by Martin Luther King . Susan B. Anthony and Thomas Jeffenon . They were the harbinsers of their time. This iu. is one that they would champion as the III05I important in our history of Ibis peal nation . Presently. U.S. wo men are at 2 .03 fertility. so we are al replacemenc level for our own population . Unfortunllcly. it's the 2 m1lhon 10 2.5 million immigrants pouring over our borders yearly that is causin, ..tJen sprawl. s,idlock • t ... • • En&lewood City CouncU December 16, 2002 Page4 and worsening conditions of overpopulation. Please realize, he said, that I'm a former U.S. Anny officer, I'm also a former teacher here in Colorado since 1973 and I've bicycled 100,000 miles on 6 continents around the planet, I've been through India, the masses of China, through Bangladesh and they are not nice places to live because they didn't do anything previous to the catastrophe. If you look at this poster in front of me, the green shows our country at a stable population of 255 million, if we hadn't had such musive immigrant since 1965 . And with the current immigration of this 2 million plus per year, we are headed for a half billion. In your packet, is the Aspen Resolution that can become the Englewood Resolution. It simply asks the Congress and the President to work toward population stabilization by reducing immigration to traditional levels pre-1965 to 175,000 per year, which is sustainable, because we egress over 100,000 persons per year . Yes, he said, this will create discussion . It will also create debate and then it will create action, and that's what we need. For compelling facts conc:eming o'fl"l'OP'dation that will help you pass the Aspen Resolution, and make it the Englewood Resolution, please ask me back for a 45 minute work session and I will present you compelling and sobering information that will help you jump on this and sign it tomorrow . Remember, the more e1ttreme our numben in this country, the more e1ttreme our children's consequences. You have the power to act, to create a discussion and a debate. For eumple, Colorado is losing a hundred thousand acres a year right now to asphalt Within the ne1tt SO years, that equals 5 million acres which equals a pad of concme 88 miles square. That means it runs from Boulder to Colorado Springs. In the nellt ten years, according to the National Academy of Sciences, in this country, an encroachment by humans, will cause the e1ttinction of 2,500 plants and animals . What moral implications, what ethical implications, does that bring to you personally? Finally, what about a drought in 2050? He stated it will not be just a drought, it will be a social disaster. Finally, this is by Manin Luther King back in 1966. when he agreed to the Margaret Sanger Award in Human Rights ... "unlike the pla1ues of the dark ages or contemporary diseases, we do not yet understand the modern pla1ue of overpopulation as soluble by means we have discovered and with resources we possess . What is lacking is not sufficient knowledge of the solution, but universal consciousness of the aravity of the problem and the education of the billions who are its victims . And finally, by the great doctor L Bartleu, the physicist from CU ... wbere is my challenge to you. can you think of any problem, on a scale from microlcopic to p,bal, whole Iona-term solution is in any way demonstrable, aided, usilted or advanced by havi1111 laraer populalionl al the local level, state level, nationally or p,bally. Can you think of uiythin1 that will be beaer if we crowd more people into our cities, our ilata, our nation and the world'r' Whal I am ukina you this evenin1, be said, is to become your own Thomas Jefferson, become a Florence Niptinple, become a Manin Luther Kina, become a Susan B. Anthony, and create this diacuuion now . They were harbinpn of their time and it is up to you to stand up and make a difference. I have had so many people, live me IO -y reuona over the last three years ... it is not on the venue. it is not our preroptive, it is not this. it is not that. WeU, be like a Thomas Jefferson ... he could have walked away from that pat thins that he WIOIC, that made this country so great . or George Washington could have said Mgee. I don't want to fipa this fipt." I uk you to uk me back here for that 45 minute work session or just pass this resolution Uld we will beain the great journey coward bringing thi s country, and the world, to a stable population. I uk you to do that tonipt Uld uk me an y questions ... e-mail me , phone me and I will be at your service. Thank you. he said, and Merry Chri stm as to yo u and yo urs . Ma yor Bradshaw th anked Mr. Wooldrid1c . We will take it under advisement. she said . 7. U.-:beduled Vililon (a) Fred Eibel, IOI 37 WCII Danmouth Place, Lakewood, wished Council Happy Holidays . Thank you for allowin1 me to speak. he said . I am CCH:hair ofColondo Alliance for 1-ipalion Reform ... www .cair.co.or1 . Let me uk you a queation. he said . Do you lhi• 1h11 Colorado and meuo Denver should pow ... whal ... I.., in the nut ten yean ... 100.. ... 5.., a yur? Acconlint ID rule of 70, it define s the time 10 double ... you divide 70 by the inlerell ralC number . Let'• say you-powiaa • 100.. a year, you divide 10 illlO 70 and thal leUa you 7 . And 7 is the number of years it talrea ID double a popul alion. If we are powin1 at 5'», ... 70d1vided by 5 is 14 . Tbaa-if you pow M ,., a yes. you are go ,n g 10 double m 14 yca'I-Colorado curren1l y has 4.3 1n11iion people aad is the f.-.a powi .. 1ta1111n t • • - Enalewood City Council December 16, 2002 Page 5 the United States and Colorado grew by over 30% in the 1990's and it is going to grow by another million people in the next ten years . Similarly, the U.S. population is on a fast course to double this century, as Frosty mentioned, and our children will have to deal with the consequences. Although native-born Americans voluntarily reached replacement level fertility by 1972, massive immigration is now driving U.S . population to double within our children's lifetimes. The legacy we arc leaving to our children is one where every city will be effectively twice as large, with all of the commensurate miseries and demands on our environment. Twice as much sprawl, gridlock, congestion, school overcrowding, demands on our decreasing farmland and aquifers and yet corporate interests demand an unending supply of cheap foreign labor . The media is still caught up in promoting open borders agendas with compelling human-interest stories . Many elected officials arc more conccmcd with the next election than with what will happen 10 or 20 years down the road. Generation after generation of Americans, traditionally, have endeavored to leave their country better than what it was . Yet Americans today may be the first to fail this legacy, by ignoring the explosive population growth that we sec daily manifested in symptoms around us. We arc stealing from the future , he said, for the sake of present economic pin and it can't go on forever. We are approaching the point of no return by overpopulating our own countty for the sake of corporate greed and a misguided sense of priorities . He pointed out that the debate about what kind of nation and society we arc leaving to future Americans is not occurring and the silence is deafening . America has a right, and indeed, an obligation to openly discuss and shape its demographic future . Future generations of Americans deserve nothing less from us , than our full compassion and our every effort to ensure them a sustainable future. I ask you to consider the Aspen Resolution, he said, and to talk amongst yourselves about what type of Colorado and Denver and Englewood you want for your children. Thank you . Mayor Bradshaw thanked Mr . Eibel. (b) Mike McGarry, 710 Castle Ridge, Aspen, said I come here to ask Council, respectfully, to seriously consider Mr. Wooldridge's request . I come to this issue that Mr. Wooldridge spoke about, in small pan, from my long involvement in senior citizen issues ... dating back to, and includin1, my college days at CU, because it is those on fixed incomes, some of whom arc our most frail, vulnerable citizens, who arc most hun by our rampant, reckless population driven, growth explolion. And, by the way, the effect is truly profound . I hope to ha "c a whole power point presentation. by late sprin&, on the effect of the population impact on senior citizens. He stated that a human body grows to il5 natural, full maturity and any growth beyond that is a pathological condition that will consume and eVCIIIUally destroy iis hoal . Continuing to develop and mature the body, to optimum health, makes ICIIIC. Fon:e-feetlin& it growth steroids. he said, docs not . There is a Chinese Proverb, which says. "if we c:onli-p>ina in the direction we arc going ... wc arc headed, we will end up going where we are headed." We Mal only look to California. he said, to sec where Colorado is headed .. .inlO a future wholly clri\'CII by ovcr-popll!atioa pressures. In 1965. California was a state of about 16 million and it is now a huae 35 million ... larter than most countries of the world and it will be a gargantuan 55 million people in 25 short years. at CIIITCllt growt h rates. Since 1965 , California 's school system has gone from first in the countty to the boaom. Califomia·s central valley. a breadbasket of the country and the world, is expected to be SO% bulldozed within 25 years to accommodate the explosive human growth rate. Add the water and encray crisis that California has experienced. he said. and California may never overcome its problems. It is also easy to sec why California ns are fleeing to Colorado and exactly where Colorado is quickly headed . Growth is powth and continuou s population growth is unsustainable . With the growth monst« beneficiaries wieldin1 ma ss ive power and influence ... expect only l'IIOR powth dressed seductively and diaanninaly in the Smart Growth dress and bonnet . The United States is currently growina at third world rates. He noted we are the sixth fastest growing in the country . Colorado is growing at twice the U.S . rate. Is there anyone in this mom that reall y believes we can sustain this State with 10 to 12 million or more people in the near future ? It is for these reasons that I respectfully ask you to arant Mr . Wooldridge his request . I think you have nothing to lose and everything to gain and I can·t imagine a more imponani and relevanl maaer to come before yo u. Thank you so much. he said . Mayor Bradshaw thanked Mr. McGarry . ' • • En&lewood City Council December 16, 2002 Page6 (c) James Johnson, 3445 South Downing Street, said I originally came to speak to you folks today about freedom and municipality, although, after hearing these gentlemen, I want to change my subjects to freedom and peace. The first subject I want to speak about is freedom and I issue, you all, three challenges. The first challenge is ... can freedom and peace co-exist? As far as freedom goes, the only quote I have for you is from Thomas Jefferson. "The price of freedom is eternal vigilance." And, with the subjects that have come up on Capital Hill in recent months, I have even written letters to senators this last year telling them to watch out for the Executive Branch. not to give the Executive Branch too much power. But they were unheeded. Only one person wrote me back and that was the editor of the New York Times. Aside from that. all the other senators didn't give me any notice whatsoever. As I said before, the price of freedom is eternal vigilance and it is up to each one of us to realize when somebody else's freedoms arc being infringed upon. Whenever any one of us allows someone else's freedoms to be infringed upon, we lose that freedom ourselves. Whether it be freedom of speech. freedom of religion, or lack thereof, freedom to gather, freedom to just enjoy life. Every time we do not stand up for those citizen's freedoms, we lose those ourselves. A debate came up this week, he noted, regarding both Senator Lott and the cross burning. Now I am not Republican, I am not Democrat, I am not third party and it shouldn't matter if any of you arc either. We arc all Americans and we should all stand up for the Constitution and the Bill of Rights. Now. he said. one person, one time said that I may not agree with whal you say. but I support your right to say it . And that goes for all forms of expressions. Whether they be a figurative expression. such as cross burning. Now, he said, I am not racist and I do not support anything racist. because I feel that infringes on other people's rights to happiness and to their own freedom. However, if they arc doing this on their own property or if they arc saying it from their own words and they do not maliciously harm anyone, then we should all support their right to say that or to do that, so long as they arc not infringing on other rights of the other citizens. Of course, be said, the other rights include search and right to trial by jury. I challenge all of you to research at least the first ten amendments to the Constitution and realize when other people· s rights arc being infrinpd upon and say no, this cannot go on. This Total Information Awareness Act that's coming up. the Homeland Security Act that has already paued, the Patrioc Act that has already passed ... how many of you feel comfortable knowing that the govemmcN can look into all of your records. whether you do anything good or bad or indifferent. knowina they can look into your records? And really. he said. let's be honest with ourselves. How many of you know that the aovemment is inept. how many of you know that the government makes mistakes? Just became you arc a good. fine. upstanding citizen. doesn't mean that they won't pl their wires croued and you will be on the ltanda. The other one I wallled to talk to you about was peace and I will make it very brief. I once talked to my father about peace, he said, and I asked him if peace can be profitablc ... more profitable than-. And he told me that no. it cannot. bcclause war controls the population .. So. I challeap each one of you 10 come up with a way to make peace more profitable than war and also to llllllain the population al a decent rate. became that is the whole purpose of war ... to reduce the population ... not 10 pin any raources or anything else of the kind . So it 1s up to us to decide how to balance tm,dom and peace and how 10 balance peace and the population. Thank you . Mayor Bradshaw thanked Mr. Johnson. (d) Ron King. 13132 West Montana Avenue. Lakewood. said I came to this meeting in support of an organization I just joined and that is the Colorado Alliance for lmmipation Reform. With the subject stated tonight. over population ... in terms of that ... overpopulation is the alobal aspect of how many people can we have and have the natural rcsouroes to meet their med&. Now, in iera. of immip-ation. I feel there can be a control on the amount that is comina iNO the U.S. The United Slalm. he poinled out, has the right to set its own declaration of how many people it wanrs IO lei iNO lhe counlry. It doesn't have 10 be imposed upon by a foreip power. The United Sta1CS has the riahl ID clme its bordera. It has the right. in terms of Homeb-nd Security. Of coune. nowadays we have to be careful of who COl'IICI into the country. Why can't we have thole comina in documenled? In .._ of the powth pollllllial. In 11r1111 of 1llepl 1mm1sra11on ... we have immipation. which we feel is fine . You leplly come here to sbare in the mencan dream. That is tM way immipation is AlppOICd ID wort. To adopc y,iu new COWS)', to lcam • • • Englewood City Council December 16, 2002 Pqe 7 the language and to become a citizen upholding that flag . In terms of illegal immigration, you have just hordes of people. Obviously, he said, we can understand the desire to seek the opportunity to live a better life. But on the other hand, illegal entry into the country is a form of lawbreaking and trespassing. So, as far as illegal immigration . the United States has the right to restrict resources, to ... in a way ... deny benefits. If you give them amnesty, as a reward, it brings in more illegal aliens. It encourages them to continue to have this intent to come to the United States and have no concern for becoming an American. becoming assimilated with the people. How many hordes can we take in? When will it stop? I think it is one of the most vulnerable points of the United States at this point in time. Our alliance is just calling for respect for America's borders. A big chunk of the illegal immigration is from Mexico, because they arc our neighbor. I'm saying. lets ask Mexico to have some order and legality on the border, so that we don't have this mass horde of people running across that border. Thank you, he said. 8. There were no communications, proclamations or appointments. 9 . Public Hearin& (a) Mayor Bradshaw advised that this Public Hearing, to gather input on Council Bill No . 62, amending household occupancy limits. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 62, AMENDING HOUSEHOLD OCCUPANCY LIMITS . Ayes: Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick. Grazulis, Bradshaw · Nays : None Motion carried and the Public Hearing opened. All witnesses were duly sworn. Planner I Fruchtl said for the record. staff would like to note that the application WIS publicly noticed with the requirements set forth within the Englewood Comprehensive Ordinance. Before you tonight, he said, is Council Bill No . 62. an ordinance revising the Englewood Municipal Code regarding the definition of household. Staff recommends that the City Council consider testimony during Public Hearing on the proposed amendments to Title 16 Zoning Regulations, Title 9 Housing Regulations and the 1997 Uniform Building Code Section 207-F pertaining to the definition of family/household IS follows. Fa mily/household : (I ) o ne or more persons related by blood, marriage. adoption. or legal guardianship, including foster children, living together in a dwelling unit; or (2) two unrelated persons and their children li vin g together in a dwelling unit . I just want lo give you a little background. he said. The number of unrelated people allowed to live together in a household WIS established in 1999 to coincide with the number of unrelated people allowed to live together in a group home facility . The current definition of ho usehold, he said. addresses three categories of living arrangements: (I) related people. (2) unrelated people and (3) unrelated people and their children . 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. It was found that the average number of wvclatcd people allowed to li ve to gether in jurisdictions, throughout the metro area and comparable populated cities within the state, is 3.38 . After review of the findings . he said , Council defined two objectives. The first objective is to update the definiti o n of househo ld , creating consistent language within Title 9 Housing Regulations, Title 16 Zoning Regulatio ns and also the 1997 Uniform Building Code. The second objective, he said, was to re vise the e xisting language that restricts the number of unrelated people living in a dwelling unit, from eight peo ple to a number that wa s consistent with the metro area . Council requested that the number of unre lated people. allo wed 10 live together in a dwelling unit , be based on the avcrqe number of 3.38. to be t .. .. ·. .. • j • • Enalewood City Council December 16, 2002 Page8 consistent with the metro area and establish that number at a maximum of three. On October gob, the Planning Commission reviewed, took public testimony and provided comment to the proposed ordinance revisions . During the hearing, the Planning Commission voiced apprehension due to the restrictive nature of the proposed definition, which only allows three unrelatcd people to live together. Comments were based 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. To account for the potential living arrangements, the Planning Commission amended the recommendation as outlined in the staff rcpon. The amendment was passed 7-0. During the November 4• City Council Study Session, he said, members of Council stated that, after contact with citizens in their respective districts, there had been additional concerns raised about parking and also potential rooms for rent within zone districts . During the discussion that ensued, Council, by consensus, stated that they would prefer to limit the number of unrelated people allowed to live together, in a single-family unit, to no more than two people and their children. Council also set November 181h as the first reading hearing date, he said, and at the November Is• meeting Council voted 7-0 to set December 161h as the public hearing date for the proposed ordinance amendment. Additionally. Council reviewed three alternative languages for prospective motions, moving to amend the Planning and Zoning Commission's recommendation as outlined in the staff report. The City Council approved this definition 6-1 . And this, he said, brings us to this evenings discussion. It should be noccd, he said, that, although the term household is proposed to be amended to family/household, group living uses arc excluded from the proposed definition. He explained that group living facilities arc regulated by section 16-4-23-1 of the Comprehensive Zoning Ordirui,ce and must adhere to those provisions. Staff recommends that City Council approve the proposed revisions to the Comprehensive Zoning Ordinance pertaining to the definition of family/household as outlined within the staff report, he S11id. Thank you. Mayor Bradshaw asked if there were any questions. There were none. Clyde Wiggins, 4975 South Inca Drive, said I sympathize with Council this evening. I am the spokesman for a group of citizens. He asked that they raise their hands so Council can sec who he represenll. They raised their hands. We ask your help, he said, on updating the zoning rcquiremenu for R-1-A neighborhoods. We ask you to vote for a limit of two unrelated penons in a single-family home. A limit of two is wise and necessary, he opined. II allows for adequate parking for rcsidcnta and gucsta, discourages absentee landlords from turning good neighborhoods into rentals and prescrvcs the quality of life for all Englewood neighborhoods. In the definition ... and this is the previous one ... it stalel thata single household may consist of eight unrelated individuals. My wife and I recently found out what that can do to a pleasant family neighborhood, when an investor from Lakewood purchased the house next door . He rented it as a duplex and then received information that caused him to remove the duplex title and encouraged the renters to consider themselves housematcs . With these three renters came four cars, a motorhomc ... plus there is a two-car garage that, to this date, for four months now, we have yet to sec a car go in and out of the garage . The doors are down and nothing goes in and out of the garage. I don't know what they use the garage for. he said . Two dogs, an eleven-year-old. music so loud that al lcUI thrcc neighbors have ca lled the police and complained . They have an unkempt yard. uncut weeds, the smell of dog droppings and you can hardly blame good neighbors or citizens to look for homes elsewhere, when they must live next door to this kind of a situation. We feel. he said. that City Council needs to act to prevent the deterioration of our neighborhoods . Absentee landlords are buying our good-sil.cd homes and renting them to a number of tenants to pay for their investments . They are able 10 charge rent that a single family cannot afford to pay . Rental homes are easy to spot in Englewood, he said, they are the ones with a lot of cars, no attention to weeds and landscaping, linlc upkeep , junk and cars accumulating, etc. Your ,ode enforcement will verify this I am swc, he said . Parking spaces can be a problem, when this many individuals arc occupying one home and this becomes an even bigger problem when they have gucsta . Limiting the occ upancy to two, somewhat limits the number of vehicles. We would cncoura,e you to vote for a limit of two unrelated individuals on the Englewood R-1-A zone request , he said. Thank you for your ume . He asked if there were any questions . Mayor Brad shaw asked if there were any questions. There were none. Sbe lhanbd Mr . Wigi111. t .·~ .. • • Enpewood City CouncU December 16, 2002 Pqe9 Phil Gilliam, 3821 South Huron, said I saw in the Herald that there WIS a discussion about looking at zoning maybe eight people, eight vehicles to a lot and I thought that WIS interesting. I live next door to a place that has anywhere from 25 to 40. I called the City ... and of coune I have talked to them before ... but I called the City operator and just said I needed to talk to somebody about the current situadon and she put me through to a lady named Tricia Langon. I explained the situation and she said I needed to talk to City Council, so here I am . I live next door to Dean's Sprinkler at 3814 South Inca . It is interesting, u this is R-4 zoning and there are some gaps in the zoning regulations that Tricia sent me . In R-4 you can h.1ve administrative offices ... that sort of thing ... and you can also have in-home businesses. He pointed out that the laws for in-home businesses are much more stringent than they are for R-4 office use. In fact, if you had a usage that maybe you weren't flying right, under an in-home business, you could move off the property and keep doing it and the regs wouldn't apply to you. So there are some holes there that need to get fixed . I'm wondering about occupancy too, he said . When you look at occupancy, the upstairs of the house ... what's on the property is a house and a four-car prage. The upstairs of the house is Dean's Sprinkler's office and there is a basement apartment. So you have a case where you have kind of a mixed- use thing. Now can they, in the basement apartment downstairs, have two unrelated families and do business upstairs? If you are familiar with the neighborhood over there. he said, it is real quiet right now, because it is wintertime and the sprinkler business is shut down. I counted on the way, as I walked over here tonight, and there are only nine vehicles and five trailers with the property, in the streets right now . And it is during the empty time. When they are in full swing doing business, he said, they occupy Huron Street, from the north drive of the Maddox teacher's parking lot. up to Lehigh Street and they occupy Lehigh Street to the east along the north end of the school. They occupy Inca Street south down through the neighborhoods. They have, that I have counted, sixteen or seventeen of their own vehicles. with logos, now and they are in an expansion mode and they have trailers. They have trailers with oompn:uors for blowing out sprinkler systems and to haul ditch witches. And then they have their employees. They show up early and they stand on the opposite side of the stteel. Some of my neipbors are hesitanl to say anything. They feel weird. I am in a unique situation. he said. I am the only resident oo Huron Street. The rest of it is all garages. When they go to leave their houses, the employees watch them leave. In the morning. during sprinkler season and when school is going ... you intenect. When Dean's is ruMing, they will double park both sides of the street right by their property, so Ibey can load up all of their gear and make their arrangements and go about doing their business for the day and it acts the stteet down to one lane. I have never seen a policeman come by and issue anybody a ticket for double parking and it happens day in and day out . I have never seen any tickets issued for vehicles that are parked then:: in the off-season for weeks and week s and weeks and weeks . As a matter of fact, they are parked there until it is time to fire them up . in the spring. In view of the lack of enforcement by the people in the City aiven the responsibility of enforcement, I would like to see the City COW1Cil, in their consideration of ordiaances, just cbanae the law so they can 't do it to begin with and then there is nothing to be enforced . That is kind of my two cents, he said . They ha ve a regular city lot and they have overwhelmed it . Under the guiliC of administrative office s, they run huge crews out that fire up motors on equipment to make sure they run. They inventory o ut o f their garage . He opined it is a use that is improper for the area and it needs to end . I am somewhat chagrined, that given how blatant these things are ... and I am four blocks from the police station and they dri ve by and nothing happens, unless you squeak real loud . If we are aoina to have people in enforcement capacities . they should keep those of us living in Englewood, from having to stand 11 this mike . Thanks, he said . Mayor Bradshaw thanked Mr . Gilliam. Mayor Brad shaw asked if anyone else wi shed to address Council on this issue . Direc tor Simpson sai d I just wanted to speak for just a moment . Mr. Gilliam did call our office. he said, and I just wanted to kind of clarify , for Council purposes. some iS&Uel. While that particular problem ... and 11 i a defin ite problem ... need s to be addrnsed, it is not necessari ly related to the occupancy limits that you are :iddre sin g toni a ht. But . he said. I did want to let you know, that from a zoning ordinance ltalldpoint. Enalewood City Council December 16, 2002 PqelO we are looking at some changes to address this particular kind of problem in the new Unified Development Code . However, he said, in the meantime there have been some complaints that have been brought forward over the last eighteen months and they have oot been followed up on. It is oot a permitted use at !hat location, as Mr. Gilliam ooted correctly, and it actually needs to be followed up. In an R-4 district, administrative and professional offices are permitted, however, that particular business is conducting a much more expansive business and has been in an expansion mode for the last twelve months and it continues . I just wanted to let you know, he said, we have lodged complaints on that also and I don't know the status of those . Mayor Bradshaw thanked Mr. Simpson. Mayor Bradshaw asked if there were any questions other questions . There were none. Mayor Bradshaw asked if anyone else wished to address the Council on this issue. There was no one. COUNCIL MEMBER GARRE'IT MOVED, AND IT WAS SECONDED, TO CLOSE 11IE PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 62, AMENDING HOUSEHOLD OCCUPANCY LIMITS. Ayes: Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick, Grazulis, Bradshaw Nays: None Motion carried and the Public Hearing closed. Council Member Wolosyn said I have one question about the new reading . The "or", that connects one and two ... two unrelated persons and their children living together in a dwelling unit .. .I guess 11111 would also include say. if one of those people had an elderly parent that 1-sed to live there with them ... that would be allowable . Mayor Bradshaw asked if that would include a parent, an elderly parenl. Planner I Fruchd said it would include an elderly parent. Ms. Wolosyn said she just wanted to clarify that. Council Member Moore asked if this change is limited to R-1 ·A. I need clarification on this, he said. Mayor Bradshaw asked Mr . Fruchtl to answer that question. Mr . Fruchtl said the definition will apply to all the zone districts . We are amending the overall zoning definition. so it will apply with everything. he said . Council Member Moore said he would like to ask a question by example . If you have a married couple and one unrelated person, is that allowable under the proposed definition or not? Mr . Fruchtl said yes. because the married couple would be the family and then the ocher penon movin& in would be the ocher. Council Member Moore ooted when you go to "or", it is an either/or situation. Mr . Fruchtl said the married couple would be the one and then the "or", the two unrelated, would be the person who is not married who is rooving in. that would constitute the unrelated person that would be movina in there. So. he said, for instance. if my wife and I had a home and you were to move into it. that would be lepl, per this definition. As we arc married we arc considered one . Mayor Bradshaw asked if there were any other questions. There MIC-. COUNCIL DECIDED TO ADD~ THIS ISRJE UNDER COUNCIL MEMaERS' CHOICE. • • Englewood City Counc:U December 16, 2002 Pqelt Mayor Bradshaw asked if there were any other questions of staff. There wen: none . She thanked Mr. Fruchtl . 10. Consent Apnda (a) Approval of Ordinances on First Reading COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) THROUGH (YII), 10 (b) (I) ud 10 (c) (I). (i) COUNCIL BILL NO. 69, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEP'f ANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT f'ROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE I8n1 JUDICIAL DISTRICT . (ii) COUNCIL BILL NO. 37, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 2, CHAPTERS 1,2, 3, 4, 5, 7 AND 9 AND TITLE 5, CHAPTERS 3 AND 3A, OF THE ENGLEWOOD MUNICIPAL CODE 2000, PERT AlNlNG TO BOARDS AND COMMISSIONS. (iii) COUNCIL BILL NO. 73, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE AMENDING TITLE 3, CHAPTER 4, SECTIONS 2, 7, AND 17, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO MAKE CHANGES TO ENGLEWOOD NONEMERGENCY RETIREMENT PLAN DOCUMENT (THE PLAN) AS REQUIRED BY THE INTERNAL REVENUE SERVICE . (iv) COUNCIL BILL NO . 74, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD FIREAGHTERS PENSION PLAN DOCUMENT (THE PLAN). (v) COUNCIL BILL NO . 75, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD POLICE OFFICERS PENSION PLAN DOCUMENT (THE PLAN). (vi) COUNCIL BILL NO . 70, INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THE TRANSFER OF PROPERTY KNOWN AS PARCEL 2 LOCATED IMMEDIATELY NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH CHEROKEE STREET AND SOUTH ELA Tl STREET TO ENGLEWOOD ENVIRONMENJ'AL FOUNDATION TO ENABLE ITS COMPLETION OF THE DEVELOPMENT OF THE fOllMER CITY HALL SITE . • • Enalewood City Council December 16, 2002 Page12 (vii) COUNCIL BILL NO. 71, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE DEDICATING THE ENGLEWOOD PARKWAY FROM S. ELATI ST . TO CHEROKEE ST . AND A TRIANGULAR PIECE OF PROPERTY AT THE NORTHEAST CORNER OF S. ELATI ST . AT WEST HAMPDEN PLACE AS PUBLIC RIGHT-OF-WAY . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 64, SERIES OF 2002 (COUNCIL BllL NO. 67. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT AND TEMPORARY CONSTRUCTION EASEMENT ACROSS THE CITY DITCH RIGHT-OF-WAY OF THE CITY OF ENGLEWOOD FOR CONSTRUCTION OF A WATERLINE AT OR ABOUT 4663 SOUTH MARIPOSA DRIVE. (c) Resolutions and Motions (i) PURCHASE OF A FLUSHER/VACUUM TRUCK FROM BOYLE EQUIPMENT COMPANY IN THE AMOUNT OF $143,364.00. Mayor Bradshaw asked if !here was any diSC111Sion . There was none . Vote nsults: Ayes : Council Memben Nabhol&. Moore. 0anea. Wolosyn. Yurchick, Gruulia, Bradshaw Nays : None Motion carried. 11 . Replar Aptlda (a) Approval of Ordinanca on First Readina Council Member Garrett said before Council addreucs Aaenda liem 11 (a) (i) I Wlllllld IO llale dial up until thi s time I have generally withdrawn from participating in such dilCllllionl. but • of lal week I am no longer affiliated with any company that mipt have an illlerell in cloina this type of wort. IO I can participate. (i) Director Ingle and Director Ross pmenied a recommendation from the Depanments or Information Technology and Public Works to adopt a bill for an ordinance approvin& a right-of-way use agreement with Ricochet Networks, Inc . Mr . Ross said Don Ingle and I have been idcntilied as the staff sources on this particular issue. We arc kind of an odd couple. he noted . as Don 's idea of a hard drive i somethina that ~ill in a plastic box under hi monitor and my idea or a hard drive 1s somethina that I have 10 do when I drive from the nonb end of IOwn to the south end of town . Director Ross explained that n 2000 Metricom approached the City with a pnlllmli lO anach radioll lO Excel Energy hght poles in our ript-of-way. Th11 was a new IICIChnok}fy, he said. The IIOCk _. was booming and people were invcstin& heavily in t«IINqy coins--. Mewlcom -wry ....-vein the deploymem of their sysiem and entered illlO aaree-wuh the varioul ~ ud ...,,_. dial ystem. but they never realuied the revenues they had hoped ror ud 1112001 they filnd ror ~y. t .. • • Enpwood City Couodl December 16, 2002 Page 13 Ricochet Networks. Inc .• has now purchased the abandoned Metricom radios and they wish to begin operating their wireless digital data communications network and they plan to add just five more radios to the system that has already been installed in the City of Englewood. which consists of 50 of the radios that Metricom installed . At this point. he said. Mr. Ingle will try to bring you up to speed with respect to the agreement that has been worked out between Ricochet. GMTC. our counsel. Ken Fellman and staff. Director Ingle said. as Mr. Ross mentioned. there is an aspect to this agreement that is vcr, inter- jurisdictional in that the City participates in the Greater Metro Telecommunications Consortium. of which Leigh Ann Hoffhines. of the City Manager's office staff, is a participant. Several of the cities in that consonium were approached individually about executing right-of-way agreements individually. The issue came to GMTC and they felt it was in their best collective interest to try to creare a model agreement. So, he said. what you sec before you today is that model agreement with some changes specific to the City of Englewood . As Mr. Ross mentioned. the Mctricom technology. as it used to eJtist, was part of the dot com boom and . actually, the technology itself is quite attractive, from the point of view that it provides band width capabilities or speed capabilities in a wireless mode that eJtcecds a lot of the offerings that arc currently in Cllistcnce . Director Ingle noccd that eumples of that include the current technology that the Safety Services Department uses for mobile police computer communications and that technology is called CDPD. It is a secure element of the cellular band that has been in eJtistencc for a number of years now and. actually. that technology, which is marketed in this region primarily by AT&T wireless, is going to be discontinued in about 19 months. So our Safety Services Department, as well as several other jurisdictions in this area, really face a quandary in terms of how they arc going to support that data communication. The City and County of Denver. he said, bought into this Metricom technology pretty significantly and they have basically decided to convert all of their public safety applications to this. It eJlcecds seven to ten times the performance of the CDPD offering and they arc going to be able to do several things that they haven 't been able to do. For eumple. he said, they will have the ability to transmit u-built drawinp of buildings and in the event of a fire. they know where to pt in 111d pt out of a buildina. And they will have GIS maps, for emergency response . He poinled out that thole types of applications cannot be done using the CDPD technology . The GMTC agreement looked into tbe iuue of how to c:ompeallle municipalities . Unlike the Metricom agreement. which had a gross receipts amount remitted to the jurisdictions. this does not include that . In lieu of that. he said. the City and all of the other participants, arc following a model from the City and County of Denver of obtaining free services and equipment from Meaicom. By way of an equation that was worked out. between GMTC and Ricochet. the City will receive 29 modems, at no cost . They amount to about S 100.00 a piece. so roughly aboul $3,000.00. And an equal UIIOUlll of basic service. which. on an annualized basis. for that many modems. would equal --$16,000.00 and S 17 .000.00 a year. So. in lieu of that gross revenue remi!lalM:e. he said, tha-e is a benefit to the City. in the sense that we would have to find some other avenue and this is kind of the avenue of choice among a lot of jurisdictions, the Ricochet technology . So. what you have before you is. again. a model from GMTC with so me cust omizations for the City and we think there arc some benefits down the road for the Safety Services Department and other departments in the way of wireless communication. At this poilll, he said. we would be happy to answer any questions . Ma yo r Bradshaw asked if there wen: any questions . There were none. Mayor Bradshaw thanked Director Ross and Duector Ingle . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BILL NO. 76. COUN CIL BILL NO . 76. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDINANCE APPROVING A RIOHT -OF-WAY USE AGREEMENT TO ALLOW RI COCHET NETWORKS . INC . TO DEPLOY TIIE ABANDONED METRICOM EQUIPMEl'n' TO PR OV IDE WIRELESS DIGITAL DATA SERVICES . • • En&Jewood City Coundl December 16, 2002 Pqe14 Mayor Bradshaw as~ul if there was any other discussion . 'There was none . Vole results: Motion carried. Ayes : Council Members Nabholz. Moore, Garren. Wolosyn, Yurchick, Grazulis, Bradshaw Nays : None (ii) Director ROIS praenled a recommendation from the Department of Public Works to adopt a bill for an ordinance amendin1 Title 11. Chapter I of the Enatewood Municipal Code to change the lawful speed limit on local lllrCCls in reaidenlial areas to 25 mph. (Cooncil Bill No. 85) Director Ross said in 2002 we finished a Comprebe111ive Tramportllion Study and a larp part of lbat effort was directed at &0liciting input from the public. One of die llli ... -heard -lbat 30 milea per hour was really too high a speed limit for our reaidenlial local IU'eell. He adviaed tbal die City of Englewood has utilized the Model Traffic Code. wrincn by die Stale of Colorado. with COlllidenblc input from the various locales. to guide us in our traffic laws. Enatewood las adopled the Code by reference in our Municipal Code and we have previously modified 36 ~ of the Model Tnffic Code ID beller deal with situations that exist in Englewood. Staff is before you tonipt to .--nlClld that we modify one more section, he said, and that is to reduce the speed limit. on residealial local stree1s, ID 25 milea per bour . We make this recommendation based upon the following fa..10n and tbele factors. in our eatimalion. ma1ie 25 miles per hour, the safe and prudent speed for our lllreels. 8-IU'eel widtba are ..-row, and OD-IU'eel parking is prevalent on these streets. and we have back-out driveways tbal beck OUI OIIIO thac stree1s, because these are the front yards of our resideals, where lbeit childnm come eo.-. and play and. fimlly. under ideal conditions, the stoppina dillance would be 21 ,_ lea b velliclea tnveliaa 25 .... per hour, versus JO miles per hour. We are under no illuaioa. he uid. lhll people wiU bepi ID *ive 25 lllila per hour automatically. just by chanpna this law or by pullina up._ lpeod limit lips. bul we beline 1h11 our citizens have spoken and that this is die rip1 llli111 to do. This WM a tipl ,_. b the ..,._ he noted. and we didn't put any moaey in the budaet ID accomplilb die lipiaa efton. bul the Public Worts Department is willin1 to try to ablorb 1hae COIII in our budpc. by tryi111 ID ..iu.:e ._ lXlltl i.11 IOIBe other areas, for a bare bones sipina effort. Thal would. balically • .ail •• tip-,Y •IM oa our collectors and our arterials -.:ins ID the people who come inllD our City 1h11 Ille lpNd hlllil is 25 miles per hour, unless otherwise polled. and then sipina a few of our resiclt:ntial local .... dlal have had a speeding problem in the past. If you have uiy ~ I would be happy ID Ir)' ID --them. he said . Mayor Bradshaw asked if Council had any quesaions for Mr. ROIS. Council Member Garrett said I thought . at the be1innin1 of thi s discusaion. that l'llblic Works did not have a posit ion on thi s particular item . Di rec tor Ro ss sa id in the very early part of the discussion, but I think once we finished the Tramportation Study and listened to the people, we basically bouaht into the idea that. with thole faclon thal I tilled. it would be a good thing to do. Council Member Garrett said you sought some input from Safety Services on their poutioa on dlis IIIIIC and their enforcement concerns. C ity Mana ger Sears said I can 't respond . I know that they were prWIII at all the Tranlflllllllioa lllllliap and I know that they have expressed their concern. I think their conccm ha& been thal they-limillcl widl manpower in terms o f their cnforccrne111 capabilities. But. he noled. at thole meelinp Ibey uprwaed thal they wo uld proceed to enforce the law in whatever way the City Council feels is pnidenl. Englewood City Council December 16, 2002 Pqe15 Mayor Bradshaw said plus we gave them an extra traffic officer. Council Member Garrett noted we pushed back on that issue in Study Sessions as to whether they actually could do enhanced traffic enforcement . Mayor Bradshaw said I think they need to. Council Member Garrett said that is my major concern with this particular ordinance, that it is fine ... we can make it tcn ... but if they never enforce it, it really doesn't matter . And I have heard, he said, that it is an enforcement issue, more than a speed limit issue. Director Ross said I think that is the other thing wc have to recognize, that this bare bonca approach ian't going to exactly make life easy for enforcement and prosecution, because everybody that gets a ticket is going to try to go with the defense that "I didn't see a sign. I came in a different way" ... so it is really going to put a burden on that part of our organization. But, he noted, because of the budget situation, wc thought we would do this in a piece meal fashion and slowly work to getting signagc on all the streets. But again. as Council Member Garrett expressed, putting up the signs isn't going to change the way people drive, it is only through the enforcement efforts that wc arc really going to change behavior. City Manager Scars said I would also like to add that through the discussions there have been. at lcut in many of those sessions, concerns expressed by police officers and also by management, in ICmll of our ability. from a manpower viewpoint, to enforce this type of speeding issue. But. be noted, I don't sec that that is overriding. That is a concern we currently have with manpower, with our cxiscing speed limits. But I can tell you. from a staff viewpoint. wc arc fully behind procealing with lbc 25 mile an hour enforcement. I think. as Mr. Ross says. wc may have to lake a look at maybe inaeuing our lip&F when the budact permits us to do that. But, he said. I don't feel al all that there is any feeling in our Safety Scrvic:el Department that we arc not going to be able to proceal and effectively enfon:e it once the law is cbanpd. Council Member Garrett said I don't know if other Council members arc intaaled in tbia. bul one of the things have asked for is to have the traffic trailer out that collecta data and I ha~ n,quested dial some of that data be on Huron, which we have had complaints about . The trailer has been on the north end. ciole IO Quincy. and also on the south end, cl<ller to Belleview. I don't know wbedler that data is available or not. he said. but it would be of interest as we go forward. City Manager Sears said absol111ely, we will provide that. Director Ross said I don 't know about the traffic trailer data. but we have collected a fair amoun1 of data as well . that we can make available to you . Counc il Member Garrett said I thought the trailer was being used to address specific complaints we have rec c ived ... that that was the purpose of ii. Council Member Moore sa id. on thi s. you have excluded a few streets from the 25 mile an hour limit. based on whether or not they have 3,000 vehicles per day . In particular. he said. I would like to quation Floyd . For instance. the section going by Roman 's Park ... does that ll«tion of the road meet this crileria? For any given road. is II an all or nothing determination between JO and 25? Director Ross said basically that was our dctcnnination . We did our Traffic Study. which indicaled in broad terms what our street system would con&i11 of ... our bienn:hy of saeeta. which are aneriala. collcctors ... and in many cases Floyd acts as a collector SU'cct . • t • • Enalewood City Council December 16, 2002 Pace 16 Council Member Moore said one concern that I have here is changing the speed limit to 25 miles an hour in that area. Does that then push additional traffic onto Floyd? Does that push additional traffic through that residential park area? Director Ross said our traffic consultants indicated that until you get into really severe traffic calming techniques, such as always stop or the speed bumps instead of humps and going out and just really trying to get into the face of drivers, that most drivers, when asked to slow down by five miles an hour, arc not going to divert from the route. that they have predetermined, they want to go. There is a certain amount of leakage that can occur, obviously, of people saying "well, I can go 30 miles an hour on this street. versus 25.'' But, he noted. if it is really out of their way, they arc not going to divert out of their way. Council Member Wolosyn said Floyd is in my neighborhood also, and I would say people really do get on Floyd because they want to go down to :hat Broadway light. That is what I have observed. Mayor Bradshaw said there is a school lhcrc, also. Mayor Bradshaw asked what is Council's pleasure at this point. She asked if there were any oChcr questions of Director Ross. Council Member Moore said I have another question, but it is not necessarily for Mr. Ross . Just to lhrow the idea out. he said. wc could discuss whether or not wc want to begin more aggressive enforcement. Do we want 10 consider additional traffic officers to improve cnforccrncnt and better enforcement of our uisting laws, versus changing this? It is another tactic to wcip. I think what wc arc hearing is that this approach has some value. but it is. very much. questionable value. especially if wc don't enforce it. I feel like we haven't really had a hard conversation about whether wc sbould invesc the funds in additional traffic officers. I think wc have rei:eived data. which indicltCS that. 111 leall for IOfflC additional amourw. we could increase the number of officers with offsets for the ticltcls. Maybe. he said. wc could go with one or two more officers and still not create an additional financial hudahip on the City. Mayor Bradshaw said I think the people we ~'iced to answer thole kinds of questions aren't here . Director Ross said that problem is really goin1 to be a difficult one to address with jUSI one or l1lliO officers. We have 83 ccntcrhne miles of local Slreets in our City. he said. and wc only have 120 ccnlcrlinc miles total . The vas1 majority of our City is local SlreelS. I don't know what kind of Sllllnlion you would~ 10 accomplish this. 10 really drive this thina home, but as far as the actual speediq problem on local residential tr'CCts. we really don't sec a loc of tickets illucd Ill the pmien1 time. alon1 thole sueets. Now granted. on a typical local street you are goin1 to have 300 vehicles a day and if you arc going to assip an officer 10 a particular local street 10 enforce this. he is aoina to be sinin1 thac a Iona time before he acu to wrue a ticket . on most occasions. Council Member Garrett said we have been informed by the Director of Safety Services that they deploy the enforcement function fflOl'e as II relates 10 accidcrw raees. So you arc not l()in1 IO sec cnforl:emenl on local treets . he said . as you have very few accidelllS that occur there . So. as the Director awed. they deploy the rc.ourccs efficiently . Mr . Garren poirwcd out that thal CIIISCI some i ues for Council. because "e have 10 deal with different types of I ucs. notJUSI efficiency. -..ily. II)' Managtt Scar noted that Safety Service Dueclor Olson had .. -aency IOllipt. a .. dmpile dllll. he ~id. we 11,ill be happy 10 respond 10 these~. We ran pro,.idc 1nfonnlllion in a Study Scaioe. if Council "ould h~e that. We could address. from Safety Services viewpoint, thev nanpower ad their mcthodok)ly of enforcement . ~a yor Brlldsha" a ._cd ,f that "ould be the tlllly SculOII on the 6• or the n•. ' .. .. • • Eqlewood City Council December 16, 2002 Page 17 City Manager Sears said because of the holidays, I would suggest the n•. In response to Council Member Wolosyn, City Attorney Brotzman stated this item wu on first reading. Mayor Bradihaw said what we can do is deal with this item on first readin&, if Council wants to, have the Study Session on the 13• and bring it back on the 20-for second reading. She asked if thal was fair. Does that work? Council Member Gmett said I know Safety Services would like to conlimie with their educalion proaram and use a more community friendly way of addressing some of these issues . He pointed OUl that Council has been hammered a lot over the speeding issue. Mayor Bradshaw said the survey said that and it has come up at every mcetin& we've had . Council Member Y un:hick said I think a lot of the people spcedina throu&h the neipborhooda are oot the citizens. They are people commuting through the City. On our streel, on Foll Street. they come down Oxford. and Fox is the first street they hit to head down towards downtown Enalewood. He noted it is not the people who live on that street, it's the people comin& throu&h town. One thin& I would like to look into, he said, is the cost of a photo radar pm. What would tlw cost us. u a means of enforcement, versus police officers? Mayor Bradshaw said on. like Danmoulh and those placa? Mr. Yun:hick said anywhere ... portable vans and whatever we w-to look at. Mayor Bradshaw said we will be lddressina the whole enforcement issue on the 13• of J~. Sbeulr.ed if someone would like to move the item to pu1 it on the table. Council Member MOOfC said I would penonally prefu to con1imie fmt readina ... ii after the Study Session. Mayor Bradshaw said oby. She uked if thal was Council's pleasure? Council concuned. Mayor Bradshaw said then this won ·1 come back up ulllil the '2fl" of January, aftar the Study Seuioil mi die n•. Mayor Bradshaw thanked Director Ross . ICltrk'a aote: C-8 Ill No.15 •• C'99'tz •••die J-, JI, Jll3 Clly c-a ~I lb) Appro val of Ordinances on Second Rcadina T here were no additional item s submi1ted for approva l on second readina . (See Aaenda llem 10 • COlltCIII Agenda .) (c) Resolutions and Motions (i) Director Kahm and Director SimplOII presented a~ from the Englewood En vironmental Foundation to adopl a resolution supponiq the pnipoact ••t 1 1 agreement between the Enalewood En~ Foundalion and Development Solllboa c:im., U£ l'or redevelopment of the former City Hall propeny at 3400 Soulh Elati Saect. Director Kahm said Director Simpson and I are here this cvenina represeal iq EEF ud askJ111 l'or Council's support of three resol111iona. F.nalewood City Coundl December 16, 2002 PqelB Director Kahm said Agenda Item 11 (c) (i) is a recommendation from EEF. We arc asking for Council's suppon of EEF in going forward with a development agreement with Development Solutionl Oroup, U..C for the redevelopment of the former City Hall site at 3400 South Elati Street. On December 1!"', he said, Council passed a motion supporting us moving forward. Since lut Friday we have been working back and forth with their legal co1111Sel, on a purchase and sale agreement. Our final draft went to their attorney this afternoon, they arc red lining it and we arc hoping to have a dotumcnt that will be cllCICuted IOllletime tomorrow. So, he noted, it has been going very well. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c) (I) -RF.sOLUTION NO. 103, SERIES OF 2002. RESOLUTION NO. 103, SERIES OF 2002 A RESOLUTION SUPPORTING THE PROPOSED DEVELOPMENT AGREEMENT BETWEEN THE ENGLEWOOD ENVIRONMENT AL FOUNDATION (EEF) AND DEVELOPMENT SOLUTIONS GROUP, U.C (DSG) FOR REDEVELOPMENT OF THE FORMER CITY HALI.. PROPERTY AT 3400 SOUTH ELATI STREET. Mayor Bradshaw asked if there were any questions or dilcussion. Council Member Wolosyn said I have a question . Under the Development CoYCllallb leCtion. on page 2 of the deal sheet, it just says "D. The owner shall develop a medical office and ancillary aervices facility with related retail space." It doesn't say anything about building heiaht at all. I know, she said, the rcuon we were going to include the strip in the deal was if ii was a three IIOr)' with IO much occupancy and this docsn ·1 specify any stories. so I was son of aurpriled. la that going to be an m.? la lhat .-dung that is Slill open?· Director Simpson said ii is still open. The deal provides for Dcvclopmenl Solutionl to come forward and develop the medical off1CC facility. They arc looking to develop between 40.000 and ti0,000 aqime feet. he said. They definitely have adequate illlereSI IO develop lhe 40.000 and Ibey arc womna during die due diligence period to increase their capacity IO ti0,000. If they can achieve that. that will increue die height of the building on that pan:el IO three lloriel. If IIOl. it will remain at two ltllria. Council Member Wolosyn said in my opinion it is not remaining it ia reverting. Becauac what we talked abon1 was three 510ric5. I am going to support it. she Aid. ba:auac I would like IO -some development come inlo the City. but it will be with some raervationl. Director Simpson said I am sorry that was misunderstood. What this particular development deal sheet provides for is price. timing and use . M s. Wolosyn thanked Mr. Simpson. Mayor Bradshaw asked if there were any other qlleslioas. There were none . VOlenmlls: Ayes: Council Mcmbcn Nabbolz. Moore. Gam:tt, Wolosyn. Yurdlict. Oruulis. Bradlllaw Nays : None Mocion carried. (1i) DireclOr Kahm and Director SiffllllOII preNllleCI a~ from the Englewood Environmcncal Foundation to adopt a raolulion aupportina a -xcllllive lnpeu/epeu casement apecmcn1 with Situa ~IO~ die .. ,., aa.,_ ol l!nalewood Parkway. Englewood City Council December 16, 2002 Page 19 Director Kahm said this is some housekeeping for EEF . Approximately two and a half years ago, the City went forward and acquired propeny for the Englewood Parkway extension. In doing that we purchased three parcels from Situs Enterprises and we purchased the print shop. At that time, as a condition of those purchases, we agreed to provide Situs with an ingress/egress easement to connect them with the new Parkway. We have been unable to do that up to this point in time, he said, because just tonight, we dedicated the right-of-way for the Parkway . So now this easement has some public right-of-way that it hooks up to. This easement does connect the Situs propeny parking lot , but it will also serve as an access point from the redevelopment project at 3400 South Elati . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (II) -R~LUTION NO. UM, SERIES OF 2002. RESOLUTION NO . 104, SERIES OF 2002 A RESOLUTION SUPPORTING THE ENGLEWOOD ENVIRONMENT AL FOUNDATION'S GRANTING OF A NONEXCLUSIVE INGRESS-EGRESS EASEMENT OVER AND ACROSS A PORTION OF THE FORMER CITY HALL PROPERTY AT 3400 S. ELATI STREET FOR ACCESS TO THE SITUS ENTERPRISES PROPERTY LOCATED ON THE SOUTH SIDE OF THE ENGLEWOOD PARKWAY IMMEDIATELY EAST OF THE FORMER CITY HALL PROPERTY . Mayor Bradshaw asked if there were any questions or discussion . There was none. Vote raults: Motion carried. Ayes : Nays : Council Members Nabholz. Moore, Garreu. Woloflyn, Yun:hick. Grazulis, Bradshaw None (iii) Director Kahm and Director Simpaon pracnted a rccommendalion from the Englewood Environmental Foundation to adopt a resolution supponina a non-exchaaivc inpelllcpaa casement agreement on the north side of the Enslewood Parkway across from the former City Hall building. Director Kahm said this is additional housckcepiq. As the Eqlewood Parkway was COIIICnlCted. it bisected the original 3400 South Elati property and created a Slrip of property approximately 60 fee1 nordl and south . that separated the new Parkway propcny from the old Girard Avenue and the public acc-eu to Kimco's propeny. thc Phar-Mor propcny. At thi s time . he said, we are ukin1 that you support an casement that gi ves a non-exclusive ingress/cpas casement to Kimco so that they have ac~ once apin. 10 the new Parkway property . COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (c) (Iii) -R~LUTION NO. 115, SERIF.s OF JN1. RESOLUTION NO . 105 . SERIES OF 2002 A RESOLUTION SUPPORTING THE ENGLEWOOD ENVIRONMENT AL R>UNDATION'S GRANTING OF A NONEXCLUSIVE INGRESS -EGRESS EASEMENT OVER AND ACROSS A PORTION OF THE FORMER CITY HALL PROPERTY AT 3400 S. ELATI STREET FOR ACCESS TO THE PROPERTY LOCATED ON THE NORTH SIDE Of THE ENGLEWOOD PARKWAY ACROSS FROM THE FORMER CITY HALL BUILDING. Miyo,-Bradshaw asked if there were any othcrqunlionl for llaff. Tltae --· Enpewood City Council December 16, 2002 Pqe20 Vote results: Ayes: Nays : Motion carried . Director Kahm thanked Council . Council Members Nabholz, Moore, Garren, Wolosyn, Yw-chick, Grazulis, Bradshaw None (iv) Senior Planner Graham presented a recommendation from the Community Development Depanment to approve, by motion, a Professional Services Contract with Virginia Steele for historic and cultural preservation activities. Senior Planner Graham said Ms . Steele would manage a series of historic and cultural related items through the next year. This would include the Jubilee plans for the City's Centennial, some housekeeping measures on the Skerrin House and the Englewood Depot, potentially, and a cultural resources inventory for the south portion of Broadway. Mayor Bradshaw asked if there were any questions for Mr. Graham . Council Member Grazulis asked if these properties were just those south of Kenyon . Mr . Graham replied the final item involves properties just south of Kenyon ... to identify properties that are approximately 50 years old. Mr. Graham said there was one item I did forget to mention. This allo includea IOIIIC asaistance with an ordinance for landmark preservation and to identify criteria for idenlifyina which properties may be significant historically. Ms . Grazulis said these are commercial properties. Mr. Graham answered, yes, commercial properties. Council Member Grazulis asked if he had anything planned for residential, as there :are quite a few old homes in that area. Mr . Graham said the survey, at this time, is limited to Broadway and it is being done in conjunction with revisiting the 1997 South Broadway Action Plan, so that we have a heads-up on which properties may be significant and effect decisions regarding Broadway . Mayor Bradshaw said maybe a future thing could be residential , but probably we need to get Broadway inventoried first . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iv) • A PRO~IONAL SERVICES CONTRACT Wint VIRGINIA STEELE FOR HISTORIC AND CULTURAL PRESERVATION ACTIVITIES. Mayor Bradshaw asked if there was any other discussion . There was none . Vow results: MOlion carried. Ayes: Nays : Council Members Nabholz. Moore, Garrett, Wolosyn, Yw-chick , Grazulis, Bradshaw None (v) Senior Planner Stitt presenced a recommendation from the Community Development Department to approve . by motion. a Profeuional Services Conlnct with Leland Clllllllltina Enaltwood City Council December 16, 2002 Pap21 Group for Englewood/Oxford Light Rail Station Studies. This is a conlnlet, he said, that is under the auspices of the Heritage Planning Grant that the City received last year to do some specific planning around the two light rail stations in Englewood, the Englewood Station adjacent to this building and the Oxford Station. The contract amount is in the area of $55,000.00, of which $31,000.00 is from the Grant and additional funds are budgeted in the Community Development budget for 2002. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (c) (v) • A PROFESSIONAL SERVICES CONTRACT WITH LELAND CONSUL TING GROUP FOR ENGLEWOOD/OXFORD LIGHT RAIL STATION STUDIES. Mayor Bradshaw asked if there wu any dil'CUISion or questions. There were none. Vote remits: Motion carried . Ayes : Council Members Nabholz, Moore, Garrett. Wolosyn, Yun:hick, Orazulis, Bradshaw Nays: None Mayor Bradshaw thanked Mr . Stitt for being so patient. I appreciate it, she said. (vi) Senior Planner Graham presented a recommendation from the Community Development Department to approve, by motion, a Professional Services Contract with Leland Consulting Group to develop a South Broadway Corridor Plan. He said this is also a contract with Leland Consulting Group to provide recommendations for South Broadway . The COlllnct is an e,uension of the 2000 Market Analysis, and, as previously melllioned. another look II the 1997 Soudl Broadway Action Plan. Thia proposal, he said. would involve a ll«iea of meetings with stakeholden. such u buaineuca, and develop some marketing material for Broadway. Mayor Bradshaw said this is the whole Broadway corridor. Mr. Graham said it is focused on the south portion of the corridor, south of Kenyon to Belleview ... well, all the way to the City limits. Mayor Bradshaw thanked Mr . Graham. COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (vi)· A PROFESSIONAL SERVl~ES CONTRACT WITH LELAND CONSUL TING GROUP TO DEVELOP A PROFESSIONAL SERVICES CONTRACT WITH LELAND CONSUL TING GROUP TO DEVELOP A SOUnl BROADWAY CORRIDOR PLAN. Motion carried . Ayes : Council Members Nabholz, Moore, Oarreu, Wololyn, Yurchick, Gruulis, Bradshaw Nays : None 12 . Gemral DiltuaioD (a) Mayor's Choice (i) Mayor Bradshaw said she wu confused lboul die COlllaCI ..-wilh RTD . Now we have a new person ... Senior Mana,er of Service Development. Whal is this. Ille asked Mr. Se.I. F.npwood City COUDc:11 December 16, 2802 Pqell City Manager Sears said we were surprised to see that come in too. We don't really know this Jeff Becker, we haven't had any real relationship with him. We maintained a relalionabip with Liz Rao and Liz has always been very responsive and we anticipate that that will continue. Mayor Bradshaw asked if this was in response IO the bus stop issue. City Manager Sears replied that he believed that they annually appoint a perlOII IO act as a liaiton. They have asked for our liaison and last year we appointed Mike Aaherty. I think from our staff viewpoint, we will continue to have Mr. Aaherty u the point penon from the City staff. Mayor Bradshaw said, okay, it was just confusing and I wasn't awe what wu going on ... .like a bait/switch. City Manager Sears said it wu not a personal letter, I think it was aomewhat of a form letter. Mayor Bradshaw said it looked like a form letter. (i1J Mayor Bradshaw said alao, we ..-ived this memo from Guy Sean with an attached letter from RTD requatin1 that leaers of support be IClll to U.S. Senators. Representatives for the Southeast Corridor Multi-Modal project, now known as Transponation Expansion Project. or T -REX. What is Council's pleuure on that7 Council Member Ymchick said he threw his away. Council Member Garrett said he would like to defer judplenl on that ulil a luer poiDt, maybe in January. Council Member Gruulil said she concurred with that Mayor Bradshaw said we will bring that back. (ii,) Mayor Bradshaw said she received a leacr from Ed Scou. and aome of you might know this, but at the January 6• meetiq we will be announcina the Citizcnl of the Century nominees. Ed Scott wants to address III on another issue and I would jllll lib to have Ed Scoa notified that he is on Scheduled Visitors for that night, since he will be here anyway. Thal way, he won't have to make two trips for different reasons . _ (iv) Mayor Bradshaw said the Homeland Security thins that came through the National League of Cities, about the funding for first responders promised a year ago, hasn't made it yet. I didn ·1 know if we wanted to send a letter. City Manager Sears said the Council previously said to proceed to do that . Mayor Bradshaw said this is something else. this came back apin. City Manager Sears said u I understand it. the lcacr was prepared to ID and then Conpeu IOOk that over. Mayor Bradshaw uid they took the action. Mayor Bradshaw uid what they Mal to do ii aend 111-y. let's ao ahead and ult for flalina. City Manager Sean said okay. (v) Mayor Bradshaw said I WUII IO wish you all a very Merry Cllrillmu. b bas been an honor ~in& with you this las& year. she uid, and I look forwanl to 2003. We have accompli•l1ed Enpwood City Council December 16, 2002 Page23 a lot , if you really want to take a look at the agendas. I have never seen an agenda where the second meeting in December had this many items on it. So you arc to be commended for working so hard up to the last minute. Staff also ... thank you . (b) Council Members' Choice (i) Council Member Grazulis said I just want to say Happy Holidays to everyone. (ii) Council Member Yurchick said Happy Holidays. (iii) Council Member Wolosyn said Happy Holidays, Happy New Years. There is a fairly good chance I won't be here for the January 6"' meeting, she said, I'm probably going to request that the packet be Fed X'd to me. There arc things going on back cast and I may be gone. (iv) Council Member Garrett: I . He said we took public testimony tonight on the definition of household and how many people can be in a household. At this time, he said, I would like to make a motion. COUNCIL MEMBER GARRETT MOVID, AND IT WAS SECONDED, TO AMEND TITLE 16, ZONING REGULATIONS, TITLE 9 OF THE HOUSING REGULATIONS AND THE 199'7 UNIFORM BUILDING CODE, SECTION 207·F, PERTAINING TO THE DEnNITION OF FAMILY/HOUSEHOLD AS FOLLOWS: FAMILY/HOUSEHOLD, ONE OR MORE PERSONS RELATED BY BLOOD, MARRIAGE, ADOPTION OR LEGAL GUARDIANSHIP, INCLUDING FOSTER CHILDREN, LIVING TOGETHER IN A DWELLING UNIT OR TWO UNRELATED PERSONS AND THEIR CHILDREN LIVING TOGETHER IN A DWELLING UNIT· (COUNCIL BILL NO. 62). ORDINANCE NO . 65, SERIES OF 2002 (COUNCil. BILL NO. 62) AN ORDINANCE AMENDING TITLE 8, CHAPTER 24, SECTION 2, SPECIFIC MODIFICATIONS; TITLE 9, CHAPTER 1, SECTION 4, DEFINITIONS, AND TITLE 16, CHAPTER 8, SECTION I, DEANITIONS , OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING THE DEFINITION OF "HOUSEHOLD." Mayor Bradshaw asked if there was any discussion . Council Member Moore said there arc a couple questions I'd like to ask. How docs this apply? If-were to pass this amendment, how docs it apply to existing situations that would be in violation of the new definitio n? The second question I have is, if the desire is to have an impact on the renlal situations, is it staffs opinion that a limit of three, would be, at least in a little more deference to the Planning and Zoning Commission. How well would it address some of the concerns our citizens have raised? Mayor Bradshaw said City Attorney Brotzman would ans wer the first one. City Attorney Brotzman said there is no grandfather clause on this. That rncans it becomes effective after the referendum period. Now, in all honesty. we will probably sit down with the pcople ... remember. enforcement of this is by complaint only. So then. -will sit down with those people . If they had a lease that ends, we will look to that date as the date to terminate their relationship in that issue . Ownership i1SUC$ become a little bit more difficult and we will handle those on I cue-by-cue buia. Mr. Fruchtl said. regarding the staffs position on this, when this was ori1i111lly preaented to Slaff from the City Council. there were two objectives. The first objective was to make thinp more uniform throupoua t ·• " • • Enalewood City Council December 16, 2002 Pqe24 the zoning ordinance. To bring uniformity, not only to the zoning ordinance, but also to die building code, so that when people do have the ability to go out and enforce ii, it's inrerpreted the wne throughout all codes. The second objective was to create co nsistency within the metropolitan area. Staff believes that the motion we have presented to you, the recommendation of two, will accomplish best said, the goals that were presented by City Council. Council Member Grazulis said I just want to give my opinion. I'm thinking that I still respect Planning and Zoning Commission's output on this. Of the three, I think 8 wu too many, 2 is too few. I think it is too restrictive. We are still coming up with unknown situations and that I have a problem with. I guess it is just one more thing ... that I don't want government to be that restrictive. That's all I have to say. Mayor Bradshaw asked if there were any other statements. Mayor Bradshaw said she thought two was fine and will support ii as written. COUNCIL MEMBER MOORE MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL MEMBER GARRETT'S MOTION TO ACCOMMODATE ntREE, AS OPPOSED TO TWO. Mayor Bradshaw asked if there was any more discussion. Mr. Yun:hick asked are we voting on the amendment now. Mayor Bradshaw said yes, we are voting on the amendment to change it to three . Vote results OD the amendmmt: Ayes: Council Members Nabholz, Moore, Orazulis Nays: Council Members Ganett, Wolosyn. Yun:hick. Bradshaw Motion defeated. Vote results on motion to approve OnliDtmce No. 65 (Couadl BIii No. 62): Motion carried. Ayes: Council Members Nabholz, Moore. Garrett. Wolosyn, Yun:hick. Bradshaw Nays: Council Member Grazulis Mayor Bradshaw noted that was a tough decision. 2. Mr. Garrett said someone may have to fill me in on history. One thing I do admire about this Council. he said. is that we do have an open mike policy during our Council meetings. The last thing I think I would like it to become is a first amendment soapbox for anybody who is not a citizen of Englewood. Tonight we had quite a few people come through that weren't citizens of Englewood, and I think it is a forum for our citizens to come forward with their iSIIICS and concerns. Not that I would want to stitle anyone from presenting to us, he said, but whether we want to consider having a time limit, that is different for our citizens versus people who are not from Englewood. Mayor Bradshaw said I think we need to look at that. I think this wu the result of a conference in Denver and that is why we were inundated this evenin1. Council Member Garrett said this was the second time this issue haa been tJrouahl before us. Mayor Bradshaw asked if Council is going to deal with that issue? That is lllllllher isaue too. • • .. .. • • Enalewood City CouncU December 16, 2002 Pqe25 Council Member Wolosyn said I don 't agree with Mr . Garrett. I didn't agree with the positions and I didn 't appreciate the time being taken ... but it is the price we pay for living in this country . Tbcrc arc legitimate groups , who don 't live here and they come and speak in a respectful way , so I can't deny them . Mr . Garrell said there arc two things . One, I did not say we would stifle. Ms . Wolosyn said ... you said we would limit their time . Council Member Garrett llOICd that in the City and County of Denver, you cannot speak. He pointed out that it's not a right of this country that you get to speak at every forum . Mayor Bradshaw said ... so what do you want? Do you want to look at that; do you want to let it go the way it is? What is Council's pleasure? Council Member Grazulis said I will look at it, but I agree with Ms. Wolosyn . Council Member Nabholz said she agreed with Mr. Garrett . It took quite a bit of time tonight. Mayor Bradshaw said, yes, it took 20 minutes. Council Member Moore said he agreed to look at it further. Mayor Bradshaw said we could get some information about how other communities are doing it and talk to CML. Council Member Garren suggested we sec if there arc any legal issues . Mayor Bradshaw said legal issues ... like the first amendment . City Anorncy Brotzman said we will coordinate those. (v) Council Member Moore: I . He said following on the speech issue, I would just like to ask if there is any chance that it would be beneficial for staff to, perhaps, consult with Mr. Norman to find out if there is a way that his nceda can be met without repeated visits to Council. He has been in front of us the lut four or five scuiona, he said, to the extent there might be a more effective way for him to air his views. I'd just like to throw it out for consideration . Mayor Bradshaw said she thought as long as he is a constituent ... and he is a raidcnt ... he has a right to speak . That is my opinion . she said . I don't know about the rest of you. but it is part of the job. Mr. Moore sa id he did not suggest change to our procedures, other than perhaps the staff may, maybe there is a different wa y. 2. He sa id Happy Holidays to everyone and I hope you have a very Happy New Year . (vi) Council Member Nabholz : 1. She sa id 1 will be real quick . I have had three complaints apin with Radio Disney over the phone lines and speaker lines . I currently have five filter s on my phone . A year and a half ago. she said, when I s poke with them . they came out and put another filter on. which made it six filters . They said a lot of time s. when the background music acts reall y high . that that is when they 111e their satellite to boolt lbeir power. Thi s one gentleman. his business is at 3070 South Upan, sa id it is really affecting his business. I kno w it a ffec t my computer a nd fu machine , she said . I need to find out who the contact penon ~ Enalewood City Council December 16, 2002 Page26 be, because I know they have been very good to the Parks and Recreation Department I don't want to step on any toes, but at the same time I want to get this taken care of. City Manager Sears asked if they had contacted her directly for the filters . Council Member Nabholz said when it became so bad, they personally came out, the General Manager gave me the filters and showed me how to use them inside the house, plus QWEST put two on the outside box, but QWEST will not get involved in it, that I do know. 2. She said she thought the Council should send a card of condolence and some Howers to Mary White on the death of her father last week . I think she is kind of having a tough time right now. 3. She said the graffiti on Amoco is still there. I know today is the 16•, the day its supposed to be off. so we'll see come midnight, I guess. 4. She said I want to say thank you to Mr . Munds for all he does for us. I realize he had some serious dental work done. but he's still out working. We appreciate that, she said, you do a lot, so thank you . 5. She said I would like to take a look at the Windshield Doctor. He does not put windshields in . He does little holes. within, I think, a 3-inch radius . Then, if it is bigger than that, he gives you a card with a discount to Empire Glass. So. he is receiving a commission offthal. I don't know if that is a legal use or not, or if it is a permitted use. I just want us to take a look at that. 6. She said I wish everyone a Happy Holiday and look forward to serving with all of you next year . 13. City Manqer's Report (a) City Manager Sears said I wu at the Recreation Center today and the construction is going along very well . I really appreciate what Director Black and Director Kahm are doing, and Gary Hultberg. They are really making it happen and I think it is going to be a peat project over there . We will keep the Council posted as the construction moves ahead . (b) City Manager Sears said it is a tou&h time to mention this, but I do want to say we are really taking a look at our budget situation. I've appointed Mr. Flaherty, and he is p>ina to puc toaecher a couple of depanrnent directors to review as many alternatives u we can for our budpt, as we ao into next year. and we plan to come back to the Council in late J•.-ry with the updated SlatUa from our department on what alternatives we need to take a look 11 going into early next year for budaet. I don't see any real signs out there ... we have not seen any real signs that we have tW'IICd the comer from a budaetary view point. We really . sincerely. need to monitor this and follow throu&h with that . In that vein. he said. we have extended the time for the implementation of the pay for performance component of the pay plan until April IM. at the earliest. We have notified employees as we presented the pay plan information to them, so that we can take a better look at our financial situation . So far, I would say employees have been understanding and receptive to that situation . I just wanted to let you know that. that is forelll05I in our thought s ... that we need 10 continue to monitor our finances . (c) City Manager Sears said I also wanted to noce. that apin, we really do have a lot of peat people that step up to the plate . Friday niaht Director Black informed me about an individual that had fallen in the Recreation Center while workina out in the early evenina. You have a memo in that reprd. he said . The person who was at the desk. with the trainina that she had ... and she was a youaa ~-.. really jumped into it . She was a little shaken up and we are workina with her on that. The Fire Depanmea& was contacted and from our lalcil information. it looks like that pcnon is aoina IO be able IO make it, due to her quick effons. We will convey congratulations to her. he said . t . .. • • F.apwood City Council December 16, 2002 Pqe27 Mayor Bradshaw suuestcd Council IClld a letter to lhat penon and have all of us lip iL Mr. Sean qreed that would be outstanding. Mayor Bradshaw said she thouaht it would be a p:,od idea. (d) City Manager Sean said he wished everyone a Happy Holiday. 14. City Attormy'a Report (a) City Attorney Brownan said Happy Holiday's and I look forward to aeeina you aw year . 15. A..,.._ Ul!WliiHAW MOVED TO ADJOURN. The ..-cina adjourned 1119:32 p.m. 4 1. 2. 3 . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CllY COUNCIL MONDAY, DECEMBER 16, 2002 7:30 P.M. Englewood Civic Center · Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7:'f{) ~ Invocation. T}~ Pledge of Allegiance. ~ 4. Roll Call. /7 ~ 5. Minutes. Of¥' '1-o• M;"UIM &om d,e Reg,fa Gty Co""'" M ... "8 of Decembe, 2, 2002~ 6. Scheduled Visitors. (Please limit your presentation to ten minutes.) 7. 8 . 9 . a. Joe SerranQ. Chair of Keep Englewood Beautiful, will present the awards for the Keep Englewood Beautiful Holiday Lighting Event b . Eugene Norman will be present to address City Council. c . Frosty Wooldridge will address City Council regarding growth management solutions. Unscheduled Visitors. (Plew.._ljmit..Y..ourJ>!es~ntation to five minutes.) et. FRSO ~'--815L -~~ ~.v,fM~ v{)/ll)~AJ~1-"""-. ~ • hJ/1.1:-/ll~~A-IUY-~ ~ J.. R..DJJ kl.v,-~ ~pt-. c ommunic ations, Proclamations, and Appointme~s. ~~ Publi c Hearing tlp#f/-0 ~~-~~ ~ a. A Public Hearing to Rather input on Council Bill No. 62, amending hoosehold OCCU Qan cy limits. -PUAJNM. I rKtf !#rt- -l.J..'IIJI:.... 14' /t5,~1Als. -fHll-/J,IU-14-i -b1~urol! i}/IJ/>stJAJ t .... .. .. .J • • Englewood City Council Agenda December 16, 2002 Page 2 i. ii. Council Bill No. 69 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance accepting Victim Assistance and Law Enforcement Grant for 2003 in the amount of $15,000. STAFF SOURCE: Chris Olson, Director of Safety Services. Council Bill No, 3Z -Recommendation from the City Attorney's Office to adopt a bill for an ordinance approving amendments to sections of the Englewood Municipal Code pertaining to Boards and Commissions. STAFF SOURCE: Nancy Reid, Assistant City Attomey. iii. Council Bill No. 73 • Recommendation from the Finance and Administrative Services Department to adopt a biH for an ordinance adopting amendments to the City of Englewood NonEmergency Retirement Plan Document. STAFF SOURCE: Frank Cryglewlcz, Director of Finance and Administrative Services. iv. Council Bill No. 74 • Recommendation from the Finance and Administrative 'S"ervices Department to adopt a bill for an ordinance adopting amendments to the City of Englewood Firefighters Pension Plan Document STAFF SOURCE: frank Cryglewicz, Director of finance and Admlnlttrative Services. v. Council Bill No. 7 -Recommendation from the Finance and Administrative ervices Department to adopt a bill for an ordln~ce adopting amendments to the City of Englewood Police Officers Pension Plan Document STAFF SOURCE: frank Cryglewicz, Director of Finance and Admlnlttrative Services. vi. Council Bill No. 7Q -Recommendation from the Englewood Environmental Foundation to adopt a bill for an ordinance approving a transfer of property located on the north side of Englewood Parkway from the City of Englewood to the Englewood Environmental Foundation (EEF). STAFF SOURCES: Robert Simpson and Rick ~m, Englewood Envlronn:-9tal Foundation. v ii. Council Bill No. 71 • Recommendation from the Englewood Environmental Foundation to adopt a bill for an ordinance approving the dedication of a right- of-way on Englewood Parkway and nonheast comer of S. Elati Street at West Hampden Place . STAFF SOURCE: RJck ~m, Capjtal Profects.Director/EEF Director. b . Approval of Ordinances on Second Reading. Council Bill No. 67, authorizing a City Ditch License Agreement and Construction Easement for 4663 S. Mariposa Drive. Please note: If you have a diubility and Med auxilary aldl or_...,..,._.._ die Clly of Enal1wood (30 3-762-2405) al least "8 houn In adwilftff of WMlt NMCft -llftde4. 1llallli yau. .. t • • • • Eng~ood City Council Agenda •December 16, 2002 Page3 c. Resolutions and Motions. i. Recommendation from the Utilities Department to approve, by motion, the purchase of a flusher/vacuum truck. Staff recommends awarding the contract to the low bidder, Boyle Equipment Company, in the amount of $143,364.00. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. 11 . Regular Agenda. a. Approval of Ordinances on First Reading. i. apfd.fJ-D Council Bill No. 76 -Recommendation from the Departments of Information Technology and Public Works to adopt a bill for an ordinance approving a right- of-way use agreement with Ricochet Networks, Inc. STAFF SOURCES: Don Ingle, DO:::,~tion Technology and Ken Rou, Director of Public Works._ ... _---,·_ b. c. Council Bill No. 85 -Recommendation from the Public Works Department to aaopt a bill for an ordinance amending Title 11, Chapter 1 of the Englewood Municipal Code to change the lawful speed limit on local streets in residential areas to 25 mph. STAFF SOURCE: Ken Ro11, Director of Public Works. Appro$ Ordinances on Second Reading. Resolutions and Motions. i. Recommendation from the Englewood Environmental Foundation to adopt a /J~. resolution s,upporting the proposed development agreement between the /:,,14 ~ )J 3 Englewood Environmental Foundation and Development Solutions Group, LLC n /l for redevelopment of the former City Hall property at 3400 South Elati Street rv STAFF SOURCES: Rick IWlm ~nd Robert Simpson, Englewood Environmental Foundation. /)~ iv . Recommendation from the Englewood Environmental Foundation 10' adopt a resolution supporting a non-exclusive ingress/egress easement agreement with Situs Enterprises to accommodate the new alignment of Englewood Parkway. STAFF SOURCJJJ..!l!?'.u~h~ and Robert Simpson, Englewood Environmental Foundation. vv ~,._. Rec ommendation from the Englewood Environmental Foundation to adopt a resolut ion supporting a non-exclusive ingress/egress easement agreement on the north side of the Englewood Parkway across from the former City Hall building . STAFF SOURCES: Rick IW!m and Robert Simpson, Englewood Environmental Foundation.~ Re co mmendation from the Community Development Department to approve, by mot ion, a Professional Services Contract with Virginia Steele for historic and '"''""' ''""""'"" ><tiCd.,, STAFF SOUia, ..... GnNn,. ...... ~ ~a M! note: If you have a cliubility .ind need •llilillry llidl or teftKft, pleMe notify die City ol Enal-ood (30 3-162-2-10 5) .ii k-.i ,1 411 houn in llclv.inu of whffl ~ are nMded. l1lanlc you. t .. .. .· • l ., • • Englewood City Council Agenda December 16, 2002 Page 4 V. vi. Recommendation from the Community Development Department to approve, by motion, a Professional Services Contract with Leland Consulting Group for Englewood/Oxfo~ Light Rail Station Studies. STAFF SOURCE: Harold Stitt, Senior Planner./}~ ~?-0 Recommendation from the Community Development Department to approve, by motion, a Professional Services Contract with Leland Consulting Group to develop a South ~rridor Plan. STAFF SOURCE: Mm Graham, Senior Planner. {/ ~ Q' . . _ 12 . General Discussion. Garrett moved to approve Cooocil Bill No. 62 (on final reading). a. b. Mayor's Choice. 1 ORQINANCE t 811 (COUNCIL BH..L NO. 82) AN ORDINANCE AMENDING TITlE I, CHAPTER 24, SECTION 2, Council Members' Ch e. SPECIFIC MODIFICATIONS; TITlE I), CHAPTER 1, SECTION 4, DEFINITIONS, N«J TITlE 19. CHAPTER I, SECTION 1, DEFINITIONS, OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING THE DERNITION OF 'HOUSEHOLD .' 13. City Manager's Report. Moore moved to amend CB# 62 to accommodate three, u opposed to two . Defeated 3-4 14. City Attorney's Report. (Ayes: Nabholz. Moen, Grazulil) Vote results on motion to approve CB# 62 (Ordinance 165): Adjournment C/-.5,2..~ Approved 6-1 (Nay: Gruulll) The following minutes were transmitted to City Council between November 28 and December 12, 2002: Englewood Housing Authority meetings of September 4 and October 2 Englewood Public Library meeting of November 12, 2002 .. 0 I. Call to Order ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Session December 2, 2002 The regular meeting of the Englewood City Council was called to order by Mayor Bradshaw at 7:35 p.m. '.?. Invocation The invocation was given by Council Member Nabholz . 3. Pledge of Allealance The Pledge of Allegiance was led by Mayor Bradshaw. 4 . Roll Call Present: Absent : Council Members Nabholz, Moore, Ora.zulis, Garrett, Wolosyn, Yurchick. Bradshaw None A quorum was present . Also present : City Manager Sears City Attorney Brotzman Assistant City Manager Flaherty City Clerk Ellis Manager Stowe, LittletonlEnalewood Wastewater Treatment Plant Director Fonda. Utilities Director Ingle, Information Technology Coun Administrator Wolfe Senior Planner Langon. Community Development Director Oryglewicz. Finance and Administrative Services Housing Finance Specialist Grimmett, Community Development Director Simpson. Community Development 5 . Minutes (a) COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 18, 2002. Ayes : Council Members Nabholz, Moore, Garrett, Wolosyn, Yurchick . Gra.zulis. Bradshaw Nays : None Mouon earned . (). Schrduled Visitors (al Ma yo r Brad,haw said Eric Benoluzzi was here with "Strings Attached." En c Benoluu1 ;J1d he was very pleased to be here tonight wnh these youn1S1CrS , He explained that the Ans Ce111er ssoc 1a11 on 1:oncel\cd Stnngs Attached over a year ago . It, 11 pannership prop-am 1nvolv1n1 the Ar1 CCIIICf ... t -· • • Englewood City Council December 2, 2002 Page 2 Assoc ia tio n, the Englewood Schools and the Kolacny Music s tore. Support for the program has also c ome from the Parents/Teac hers Assoc iation in the schools. and from the Englewood School Foundation. Strings Attached was implemented la s t September in Maddox and Clayton Elementary Schools with nearly fifty students signing up to take part in this . They are in grades three through five . Mr. Bertoluzzi staled the program is extremely fortunate 10 have the expert guidance of Nancy Feiner, who is a wonderful inslTIIClor and I am very pleased and excited to introduce Nancy to you tonight. Nancy, would you just say a few words about the program before you serenade the audienc e . Ms . Feiner said I want to thank you for the opportunity to play for everyone tonight. The students that will be performing have been raking classes since the beginning of September. We have met eleven times and they had their first school concert just before Thanksgiving . We have brought eight students from Clayton Elementary School tonight to perform for you, she said, so thank you for this opportunity. Ms. Feiner introduced the students. They are all fourth and fifth graders from Clayton Elementary School, she said. The students played four selections and received a round of applause after each performance. Mayo r Bradshaw thanked Mr. Bertoluzzi. Eleven lessons . she said. they have onl.y had eleven sessions? Ms . Feiner said yes, eleven classes. They worked very hard. Ma yo r Bradshaw said they're incredible. You folk s were beautiful. it was very nice. Thank you, she said. (b ) Dennis Stowe, Manager of the Liuleton/Englewood Wastewaier Treatment Plant. said ii is my pleasure to introduce Stacey Walker to you . Stacey is an Analytical Chemist and she has been workin& in our lab s ince 1995. She is also a member of our Operations Challenge Team. for those of you who are familiar with Federation activities. the Water Environment Federation. There are four member ieams that compete on wastewater e ve nts and she is a member of that team bringing lab expertise to the other three members. Siacey is involved in routine lab analysis at our facility , as well as. special projects and I guess what I would refer to as applied research. We try to take good ideas and implement them 10 save money or improve treatment. She i1 doina a really aood job for us . She has been awarded the Laboratory Analyst Excellence Award. That is an award that wu esiablished by the Water Environment Federation, 1h,11's an ln1ema1ional oraanization. The award is awarded at a reponal level. In o ur c ase. the region is three states ... Wyoming. Colorado and New Mexico. So Stacey has not just been awarded that, but s he has earned it . He pointed out that she was actually nominated by another wastewater facility, in recognitio n of her efforts. I guess from my standpoint. he said, ii is not us nominatina our own Slaff, it's someone e lse seeing what Stacey has done and they made the nomination. I just wanted to introduce her to you tonight and she bro ught the award, just so you can see ii is real. Mayor Bradshaw o ffered her congratulations. Ma nager S towe said there was o ne o ther award that was not quite as profess io nall y onented as this . Brenna Durkin 1s a Da ra Specialist at o ur facili ty, a nd s he has been doi ng some work with the local assoc iation. the Rocky Mountain Water En viro nment Association. he lp ing them wi th the ir membership database and some other mformau o n service s ki nd s of th ings. She was awarded the Thomas A. Crapper Award for her service 10 the local assoc 1auo n. He ex pl ai ned th at's an award th at is gi ve n to someone who has provided some above and beyond servic es to th e Associatio n. and she earned that th is year. Mayor Brad shaw o ffered her congra1ula11 o ns to Mr. Sto we . 1 rea ll y appreciate the job you do. she said . Ma yo r Bradshaw o ffe red he r congmulallons to Ms . Walker . Unsc heduled Visitors (a ) Eugene Norm a n. -l 840 South Huro n Street . s:ud I wish 1 could ad lt b as well u that p Nleman jUSI d id . bur I ha ,c 10 read things . Aggress io n crea1e1 oppressio n and agreutOR. Violence CORllderedJustdied by one ¥roup . ma) be c o n 1dered 11S unciv ilized "'he n comm111ed by wt oppos1n1 poup. Terrorum 11 terrorism. even when ,. . ' ~· .~ ·"-.. • • • Englewood City Council December 2, 2002 Page3 it becomes retribution. Desperation triggers it, and diplomacy combined with intelligent change relative to both sides. will stop it. Terrorism isn't about money, but recognition of the disfranchised and blooms in the field of hopelessness. Death becomes an accomplishment that life never offered . They weren't born that way. but we. primarily America. made them ... becausc ofpasl political action . It will remain a political and not a military problem and as long as we think otherwise, no advance toward a solution will manifest. An eye for an eye, simply creates ulcers and funher blindness. No less than a reappraisal of national policies addressing the grievances that created problems in the first place, can find any answer. We, America, deal with the Mid-East problems from the Israeli perspective. We must quickly understand that the problem has more facets than that, more directions of thought and potential action. With all of our absolutes, it amazes me how poveny stricken we really are, and we are not even aware of the fact. We have the power to create heaven on eanh, yet we continue playing with our phallic rockets and little war toys. In essence. brothers diddling with time. If your leaders cannot achieve stability. then you yourself must grow up and become more creative. The world must achieve balance before we fall down and go boom . To survive, all parties must learn to yield. Fight it. and we lose. There are no closets to hide in. We have all been harmed by history . We must learn 10 go from the present to the future . The Jew claims right to the land in God· s name. The Palestinians, being born there, may make the same claim. Simply a matter of going beyond discrimination. One would think that the Jew had learned that in Nazi Germany. The choice and solution should be simple. Destroy the Palestinians or give them homes in the Israel occupied West Bank. Beyond discrimination. Otherwise, the Middle East comes closer to a nuclear winter and so do we . Diplomacy, not arms is the answer. If that does not happen, terrorism becomes institutionalized and that leads to the bomb, or germs. New technology beyond all, must become our goal, a challenge. but not beyond our abilities . Concern dealing with weapons of mass destruction. ours as well as others. must continue and solution by diplomacy, not weapons is the answer. We are dealing with the descendants of a great civilization who gave mankind many thinp ... mathematics and the concept of zero. 10 mention but two ... and have been bombed into the Stone Age by the political powers that be. Enough, already. Jihad , becomes inevitable unless you heed my warning in time. If I were a terrorist, I would have no problem destroying any one of you. It's like a weed, once started ii has great potential to i;pread, and the Third World is awakening to that fact One person. suddenly, has expanded power. If ones life has no meaning, odter than death. what a grand death, an afterlife one can envision. If I were from the Third World, and had -father. mother. brother, sister, wife. children and friends. all die because of the political fumbling of those super powers around me. who controlled my fate from binh because of money. who I could suddenly wa!Ch on satellite TV, doing the Christmas shopping ... I could end up with the holy day blues, big time. Death and resurrection by that one God whom I pray 10 live times a day. would become quite inviting and I would~ vuy successful when I IICted. Can you imagine 1hat? In your history. as a people. you have had over fifty invadin& armies march upon your land . If all occupied land were given back beyond discrimination and everything remaining in tact. includin& operatina onstructions. it would be a grand gesture of brotherhood . Mayor Bradshaw advised Mr . Norman his time was up . She thanked him . Mayor Bradshaw asked if lhere was anyone else who wished to address the Council on any issue . There was no one. 8. Communications, Procluatloas aacl Appolat_.ts There were no communications. proclamations or appointments . 9 . Publk Hearin& o pubhc heanng was scheduled befon Council. 10 C_.tA,eada CO NCIL MEMBER YURCHICK REMOVED ITEMS 10 (c) (I) 111d (11) FROM THE CONSENT \GE:SDA . COUNC IL MEMBER GARRETr MOVED. AND IT WAS SECONDED, TO APPROVE CONSINT .\GE~D.\ ITEMS 1• (a )(I), (IO(!l)(l)• tlll ... ll(c)(III). • • Englewood City Council December 2, 2002 Page4 (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 67 , INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT AND TEMPORARY CONSTRUCTION EASEMENT ACROSS THE CITY DITCH RIGHT-OF-WAY OF THE CITY OF ENGLEWOOD FOR CONSTRUCTION OF AW ATERLINE AT OR ABOUT 4663 SOUTH MARIPOSA DRIVE . (b) Approval of Ordinances on Second Reading (i) ORDINANCE NO . 60, SERIES OF 2002 (COUNCil. BILL NO. 60, INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT (!GA) BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE REGIONAL HAZARDOUS MATERIALS BOARD OF ARAPAHOE/DOUGLAS COUNTIES FOR THE PURPOSE OF HAZARDOUS SUBSTANCE PLANNING IN THE EVENT OF THE OCCURRENCE OF HAZARDOUS SUBSTANCE INCIDENTS IN THE AREA. (ii) ORDINANCE NO . 61 , SERIES OF 2002 (COUNCIL BILL NO. 61. INTRODUCED BY COUNCIL MEMBER GARRETT) 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 . (c) Resolutions and Motions (iii) SOFTWARE LICENSE. PROFESSIONAL SERVICES AND SOFTWARE SUPPORT AGREEMENT WITH PROFESSIONAL COMPUTER SOFTWARE SERVICES, INC. (PCSS) FOR THE PURCHASE OF CASE MANAGEMENT AND JURY SOFTWARE . Vote results: Motion carried. Ayes : Council Mcmben Nabholz, Moore. Ganett. Wolosyn, Y urchick, Gra.zulis. Bradshaw Nays : None • •••• Mayor Bradshaw said Mr . Yurchick had a question on Agenda Items 10 (c) (i) and (ii). Co uncil Member Yurchick said he was just curious . Arc these pan of the new improvernencs, u part of that bond iss ue. or arc these separate ? Director Fonda said the first one 1s something at the Water Treatment Plant . It hu nochiq llO do with the sewer plant or bond issue . And the second one is II replacernem of a raw sewap IJUIIIII. and 11'1 more in line wit h our normal maintenance costs . COUNCIL MEMBER YURCHICK MOVED. AND IT WAS SECONDm, TO APPROVE CONSENT AG ENDA ITEMS 10 (c) (I) and (Ii), • • Englewood City Co ncil December 2, 2002 Page 5 (i) PURCHASE OF A SLUDGE HANDLING SYSTEM FOR THE ALLEN WATER TREATMENT PLANT RESERVOIR FROM SRS CRISAFULLI. INC. IN THE AMOUNT OF $84,971.00. (ii) PURCHASE OF A VERTICAL MIXED-FLOW RAW SEWAGE PUMP FROM GOBLE SAMPSON ASSOCIATES, INC . IN THE AMOUNT OF $55,300.00. Vote results: Ayes: Nays: Motion carried. Council Members Nabholz, Moore, Garrett, Wo'losyn, Yurchick, Grazulis, Bradshaw None 11. Regular A1enda (a) Approval of Ordinances on First Reading There were no additional items submitted for approval on first reading . (Sec Aaenda Item 10 -Consent Agenda .) (b) Approval of Ordinances on Second Reading (i) Council Bill No . 54. as amended. approving the University Homes Planned Unit Development was considered . Mayor Bradshaw said she wanted to note the chan1e on all the documents that Council requested last time, the height and the pitch . Senior Planner Lan1on stared, as Mayor Bradshaw liilid. the amendment that was reque&red by Council at the last meeting, was that the height of the principle structure5 be reduced to thiny feet. and that a minimum 4112 ~f pitch be added to the proposal. The Community Development Department recommends approval of the Plumed Unit Development with two conditions, she said, and those conditions arc in the staff report. Fint that a Homeowners Association be formed and the documents pertaining to the Association be filed. qainst all properties, with Arapahoe County . And second, that a recorded copy of that Homcownen Association be provided to the City. The staff feels that the applicant has met all conditions of the PUD and has met the criteria for approval. She asked if Council had any questions . There were none . Mayor Bradshaw told Ms. Langon it was well done and thanked her . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APP'tOVE AGENDA ITEM 11 (b) (I) • ORDINANCE NO. 62, SERIES OF 2002. ORDINANCE NO . 62, SERIES OF 2002 (COUNCIL BILL NO . 54 , lNTRODUCED BY COUNCIL MEMBER WOLOSYN ) AN ORDINANCE APPROVING THE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT (PUD) AT 3055 SOUT H UNIVERSITY BOULEY ARD IN THE CITY OF ENGLEWOOD, COLORADO. Vote results: Motio n carried . Ayes : Na ys: Council Members Nabholz. Moore. Garrett. Wolosyn . Yurchick. Gruulis. Bradshaw None (ii) Courcil Bill No . 64, approvina an aareement. as amended. with Colorado PraervabOII, Inc . for an o ption to purchase the Skcrritt House was considered . .. • • Englewood City Council December 2, 2002 Page6 Assistant City Manager Flaherty said the item befo re us is the second reading of the Option Purchase Agreement for !he Skerritt House. between the City and Colorado Preservation. Inc ., with the amendment made at our last meeting. They deleted the requiremenl for property damage insurance only, he said, all other elements of the agreement remain the same as read on first reading. Mayor Bradshaw asked if there were any questions. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (U) • ORDINANCE NO. 63, SERIES OF 2002. ORDINANCE NO. 63. SERIES OF 2002 (COUNCil.. BILL NO. 64. INTRODUCED BY COUNCIL MEMBER WOLOSYN) AN ORDINANCE APPROVING AN OPTION TO PURCHASE THE SKERRITI HOUSE. Vote results: Ayes : Nays : Motion carried. Council Members Nabholz, Moore, Garren. Wolosyn, Yurchick, Grazulis, Bradshaw None (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Department of Finance and Administrative Services to adopt a l'CliOlution approving a S2S.00 Administrative Fee, effective January I, 2003, for new sales tax license applicants. This item was discussed with Council at budget meetinp, he said, and it was also discussed with the ACE group and there will be a review in the future of this and how it is working . Mayor Bradshaw asked if there were any questions. There were none. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) -RESOLUTION NO. 100. SERIES OF 2002. RESOLUTION NO. 100. SERIES OF 2002 A RESOLUTION ADOPTING A TWENTY-FIVE DOLLAR ADMINISTRATIVE FEE FOR NEW SALES TAX LICENSE APPLICATIONS. Council Member Yurchick said he would like to make a comment on ACE. They looked at this pretty hard, he said. and they saw this as JUSI a nominal one-time fee. and thought it was a good idea. Vote results: Mo n o n earned. Ayes : Nays : Council Members Nabholz. Moore . Garren. Wolosyn. Yurchick. Grazulis. Brads haw None (ii) A recommcndauon from the Community Development Depanment IO adopt a resolution a ppro'lng 1he Co mmunity Development Block Grant Apphc111ton for 2003 was considered. Ho u~in g Finance pec,~hsl Gnmmen said I am titre before you 10 requaa approval to apply for our annual JII ·auon o f the 1003 Rede,clopmcnt Block Grant Funds. We illlhCtpell SU0.000.00 and we want to submit three .ipph,auo ns . b;b1 all) tor that One. 10 fund the OC1C1nuin1 Hous1n1 Rehab Propam. and the second one to ,o n11nuc: tundin11hc House or Hope siaffin1 11'?.i«t .. that will ass111 1n pl)'IIII few 11aff on sue at die buildin1. And .. t Englewood City Council December 2, 2002 Page7 Cl the rhird one. which will be a new project for us that is still coming together, will identify a neighborhood where we wilt try to do an exterior fix -up/paint-up that will be done on a grant basis to the homes that are identified in this panicular area. There may be a fourth application that we will make outside, that still is being worked on. If we do, that would be for additional funding that would provide some sidewalk improvement in the Bates area between Broadway and Elati . We arc still working with Public Works on that and I'm not 100% sure that one will go forward yet. If not, we will probably resubmit next year, she said. Mayor Bradshaw asked if there were any questions for Ms. Grimmett. There were none. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Ii) -RESOLUTION NO. IOI, SERIES OF 2002. RESOLUTION NO. IOI. SERIES OF 2002 RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE CITY OF ENGLEWOOD. COLORADO. TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 2003 COMMUNITY DEVELOPMENT BLOCK GRANT. Vote results: Ayes: Nays : Motion carried. Council Members Nabholz, Moore, Garrett. Wolosyn. Yurchick, Grazulis. Bradshaw None (iii) A recommendation from the Community Development Department to adopt a resolution approving the Final Plat of the University Homes Subdivision was considered. Senior Planner Langon said this is the final plat of the University Homes Subdivision. You are familiar with the University Homes Project from the PUD that was just approved. It is a request for major subdivision by David DiPane. the applicant and propeny owner. to divide the land that was within the PUD, into the residential lots. The Communuy Development Department recommends that Council approve the final plat with the condition that the effective date o f the subdivision be the same as the effective date of the approved PUD. The procedure in the Englewood Municipal Code. Title 10 for Land Subdivision requires that a major subdivision be done when land is divided into. at least. four lots. a minimum of four more lots. or when land is dedicated 10 the City for public purpose. In this case, the subdivision triggers both of those requirements. The property is just over an acn: in size at the vicinity of South University Boulevard and East Dartmouth Avenue. It is currently vacant and the PUD was just approved this evening for si ngle unit residential use. The intent of the subdivision is 10 subdivide into four residcnrial lot~. Out lot A. which will be a commonly owned utility and access casement and Tract A. an undevelopablc parcel intended to be conveyed at a later lime to an adjacent property owner. And also, there will be dedication of, approximately. a twelve-foot strip on the cast side of the property adjacent 10 South Uruvcrs11y Boulevard for dedication of sidewalk. The Development Review Team has reviewed the criteria and reviewed the subd1 v1s1on. and all issues arc resolved. The Planning Commission conducted a Public Hearing on the ubdivision request o n September 4,. and recommended approval 10 City Council. Again. she said, the request is 10 divide per the approved PUD. It is consistent with the Comprehensive Plan and meets all development requirements and the Planning C o mmission has reviewed and recommended approval. so therefore. Community Development rec o mmend that the University Hornes final subdivision plat be approved with the condition that the effective dale of the ubd1 vi 10n be simultaneous with the final approval of the University Homes PUD. and that ia projected or anticipated to be January 6. 2003 . Ms. Langon said 1f then: were any qucalions. she would be glad to answer them. Mayor Brad~haw a kcd if there were any questions . Then: wen: none . COUNCIL MEMBER GRAZULIS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (cl (ill\ -RESOLUTION NO. 102. SERIES OF 2002. t .. • • .. _ Englewood City Council December 2, 2002 Page8 RESOLUTION NO . 102. SERIES OF 2002 A RESOLUTION APPROVING THE FINAL PLAT OF THE UNIVERSITY HOMES SUBDIVISION AND ACCEPTING THE PROPOSED LAND DEDICATION SIMULTANEOUSLY WITH THE EFFECTIVE DATE OF THE ORDINANCE APPROVING THE UNIVERSITY HOMES PLANNED UNIT DEVELOPMENT. Vote results: Motion carried. Ayes : Nays: Council Members Nabholz, Moore. Garren, Wolosyn. Yurchick, Grazulis. Bradshaw None (iv) A recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Commincc to approve, by motion, a construction contract with Grimm Construction, for disinfection improvements at the Plant. in the amount of $1,352,450.00, was considered. Director Fonda said this would have been part of the Phase 2 construction project, but the permit requires it be completed. I believe, by 2004 . With that construction requirement, we have separated it from the rest of the construction and took bids on it separately. It was a separate design and a separate construction project. We were delighted to have the bid. the low bid, be almost a half a million dollars under our original estimates and our budgeting . So with that, he said. I would recommend approval of the contract to Grimm Construction in the amount of$ l.352.450 .00 . Mayor Bradshaw asked if there were any questions for Mr. Fonda. There were none. She thanked Mr. Fonda. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (Iv) • A CONSTRUCTION CONTRACT WITH GRIMM CONSTRUCTION, FOR DISINFECTION IMPROVEMENTS AT THE PLANT, IN THE AMOUNT OF Sl,352,450.00. Ayes : Council Members Nabholz. Moore, Garrett. Wolosyn. Yurchick, Grazulis. Bradshaw Nays : None Morion carried . 12 . General Discussion (a) Mayor's Choice (i) Mayor Bradshaw said she had received a telephone call from a constituent in District I who was co ncerned about the skimpy Broadway decorations . That was the comment and I said I would bring it up under Mayor's Choice. I did sec in one of rhe minutes , that someone is working on Broadway ... that South Broadway merchants are working a little bit on that. Maybe we could have an update on that, she said. (ii) Mayor Bradshaw said I received a Keep America Beautiful Network News Readership Survey. I just thought I would hand this to Ms . Nabholz and have her complete it. as she has much more firsthand kno-.. ledge than I do. (iii) Mayor Bradshaw said she wanted to remind everyone that on Thunday, Dec:embcr I~. Cn y Co uncil. Alliance for Commerce. Englewood Board of Adjustments and Appeals. Englewood Urban Renewal Autho rit y. Hou,ing Rehab Loan Committee. Keep Englewood Beautiful and the Planning and Zonina Commission are ha,mg a Holida y Open House at the Englewood Civic Center. I 1v ) Mayor Bradshaw noted we received a letter from Mr. ManellL the General Manager at RTD . th~r Ro ute I'.: ,s not bemg c hanged ~nd they are goin1 to be holdin1 appropnate Open Houses for pubhc input . •• t • • Englewood City Council December 2, 2002 Page9 (v) Mayor Bradshaw advised that on December 12•, Englewood businesses ... the Greater Englewood Chamber of Commerce, the Alliance for Commerce in Englewood and the City of Englewood are invited to attend the Chamber's Annual Holiday Party at the Alexan from 5:30 p.m. to 8:00 p.m. The cost is $5 .00 per person. Council Member Wolosyn said the $5.00 per person is for charity, it will be divided . Mayor Bradshaw noted it says it will be S5.00 per person and, in the spirit of the season. a portion of the proceeds will go 10 charity. (vi) Mayor Bradshaw said in the latest issue of Government West magazine, that we all received, there is an article on collaborative E-govemment. I was just wondering if our citizens will be able 10 do this eventually '/ Thar's just a question. City Manager Sears said that we have Don Ingle coming lo Council in the next two weeks. So this is something I can ask him 10 take a look at. Mayor Bradshaw said okay. if he could comment on that. (vii) Mayor Bradshaw said I want to remind Council that the City Clerk's office is still doing the Angel Tree this year for families, so if any of you wish 10 participate in that, go by the City Clerk's office. City Clerk Ellis said it should be up Friday. Mayor Bradshaw said the tree will be up Friday and you can just rake a tag off the tree and ii tells you what to buy for someone. So please. participate in that. (b) Council Members' Choice (i) Council Member Nabholz: I . She said I have two properties that I'm concerned about and would like to have Code Enforcement check on. I left the addresses al home. but they are bod! on the comer of Elati and Cornell, in the 2900 block. The people have moved our of one of the homes and they have left all the windows and doors open. The second one is on the east side or Elati in the same hundn:d block, on the comer of Cornell and Elati. I talked with that Property Manager to see if she would be willing to sell . It is a piece of property, I think a lot of ua would agree, that needs to be cleaned up and taken care of. There are people coming, especially at night. in and out. Boards are up over the windows, there is trash all over the yard and she will nor return my calls. I don't know if we can do anything on that or nor , she said. 2. She said. regarding the lights in District I, we received that complaint last year, so I don't know if you have a name . bur maybe . we could rake a look at her rccomrnerr.:larions or suggestions . (ri) Council Member Moore : I. He said we had a letter from Barbara Fout and it was nor in this week's packet, but in the prior packet. She spem a lot of time addressing some of her concerns about various things Council has done. he said. and I was wondering if there are any steps we ever take. when a citizen goes to that much effort. Mayor Bradshaw said I called her personally and left a message . She had three points in her letter and I addressed each one and I said if you have any need for further clarification, call me . I don't know if that wu what we were supposed to do or nor. she said. Mr . Moo re said that is great. it sounds good. I was wondering if we should invite her 10 a Study Session, some rime. and 1alk to her . Englewood City Council December 2, 2002 Page 10 Mayor Bradshaw noted Ms . Fout is very active in the community. Mr. Moore sai d. correct . she has been on our Liquor Board a long time. I appreciated the time she took on that. he said . 2. He noted that at one point we were going to talk about some retiree health issues that were raised and it seems 10 have fallen off the agenda . City Manager Scars said, no, it's actually coming next Monday night. Mr. Moore said okay, it must have just slipped off the tentative schedule then. City Attorney Brotzman explained that it is currently sci for Executive Session . Mr. Moore said okay. I just watched the tentative schedule and now I undentand. Thank you. he said . (iii) COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, FOR THE ENGLEWOOD CITY COUNCIL TO ENDORSE AND SUPPORT THE $1.25 MILLION SALE AND REDEVELOPMENT OF THE FORMER CITY HALL SITE AS NEGOTIATED BETWEEN ENGLEWOOD ENVIRONMENT AL FOUNDATION (EEF) AND DEVELOPMENT SOLUTIONS GROUP, LLC. Mayor Bradshaw said, so we have a developer for the site·/ Mr. Garren replied , yes, it is EEF's site and the motion is to support them in their efforts to negotiate a purchase and sale agreement. Mayor Bradshaw said okay. a purchase and sale agreement. She asked if there were any questions . There were none . Mayor Bradshaw said this makes it formal that the land is now under contnlCt. Vote results: Ayes : Nays : Motion ca rried . Council Members Nabholz:, Moore. Garrett, Wolosyn. Yurchick. Graz:ulis. Bradshaw None Council Member Wolosyn asked if the City Manager or City Attorney would be brin&ing forth the items to formalize turning over the property . City Attorney Brotzman said there will be two resolutions and two ordinances at Council's next meeting. In response to Mayor Bradshaw. City Attorney Brotz:man explained that EEF had the old City Hall site. because of the environmental concerns . Mayor Brad shaw explained that EEF is the Englewood Environmental Foundation. It is a foundation that handled the redevelopment here. she said . Ma yo r Brad shaw asked Director Simpson to come up and kind of help clear this up . Because. she said. I don't wan1 people 10 go away wuh a different idea . D1recmr 1mpson sai d thank yo u for allowing me 10 claniy . I think it would be valuable for the record . The City of Engle,,ood 1r,msferred o-.nership of the old City Hall property 10 the En1leW(lfld Environmental Foundation . For Eqlewood City Council December 2, 2002 Page 11 the purpose , of checking for environmental contamin at i()n, we conducted a Phase 1 and Phase 2 assessment on the propcny. It was found to be clean . We did have to do ome bestos remediation and then we went ahead and conducted a demolition of that propcny over the last twelve months that we 've had possession of that property . It has come 10 our attention , through our negotiations, that we will also be bringing forward to Council, for transference of ownership, a small parcel located on tbe nonh side of the Englewood Parlcway. Tlw will be coming forward on December l611t and it will faciliwe final conveyance of the property. We have been. u you know , entcnaining a variety of different proposals on this propeny over the last twelve months . We had all kinds of options that we had considered . We worked with the Cultural Ans group and some our local business people . We have a proposal in at this time though. that is with Development Solutions Oroup. TIiey are a developer who is proposing to do a medical office/surgery center. The surgery center, if they are able to addrea their time frames, will be ready for occupancy by June of 2004. Their time frame is construction within the next twelve moadls. We arc also pleased 10 note, that this proposal, from a physical standpoint. is about 60,000 sq~ foot of development office space . It is bringing with it a significant amount of U&C tax to the City. It brinp with ii between 60 and 80 very well paid jobs. somewhere in the range of between $40,000.00 to SI 00,000.00, depending on the jobs. It will also bring many, many trips into this panicular site ... trip visits . Those visits, we believe, will translate directly into indirect dollars, within the vicinity, in terms of restaurants, lunches, dinners and other shoppiq. One of the other very imponam aspects of this proposal. he said, is that ii is a proposal for S l .~ million, and that is about $400.000.00 more than a couple of our other proposals . So we believe, that ii really brou&ht a very significant price per square foot for our development on this site, and we will be able to transfer it back into the City of Englewood's coffers . Council Member Garren asked if Mr . Simpson could clarify one thing ... the proposed opening or completion date of this project . Mr. Simpson replied that the development contract, which is associated with this agreement. requires that the developer has 45 days 10 close from acceptance of this contract and that will technically be on December 17*. Al that time, they have 45 days of due diligence period, to really evaluate all the upec:ts of the lile. We allo, with that. get an amount .. .I think ii is $20,000.00 of hard cash on the line. to hold the property. With the conclusion of the due diligence period. and proceeding forward with closure, we will get the remainder of the money. I don'! have all the facts in front of me . he said. but with that. they have a very limited time period in which to start COlllb'Uction . By the end of2003 they have 10 commence construction, or we will be able to repurchase the property at~ of sale value. which is a really imponant aspect. Also on the end portion of the conll'ICI, within 24 months Ibey have to conclude construction, or they also will have a penalty claU&C associated with the colllrlC!. What we have done. is really negotiated, I think , a very positive conuact for the City of Englewood and the Environmental Foundation. in that we have a very good price and I think we have a very good use . Construction must commence at a certain identified period and conclude in an identified period . I think that is also very positive for Englewood. he said. Mayor Bradsh :1 w asked if there were any other questions . There were none . Ma yo r Brad shaw thanked Mr . Simpso n and offered her congratulations . You do a good job. she said . Mr . Simp so n said congratulations to all of us. I think this is good for Englewood . (iv) Council Member Yurchick asked whatever happened 10 our meetings out in the ne ig hbo rh ood . Th ey seem to have gone away , he said . Mayo r Brad shaw replied that we did four and we will start four after the first of the year . Mr. Yurc hi ck sa id he was thinkin g we only did three. Mayor Brads haw sai d we did Bi shop . Sinclair. Malley Center and Ci1yCe1111er wu the founh . So we will start lhoic aga in . Do yo u want 10 sign up for the first one '! Mr . Yurch1ck said. sure . (v) Council Member Oruulis: Englewood City Council December 2, 2002 Page 12 I. She asked what was the time on the 19dl for the Holiday Open House for businesses? Mayor Bradshaw answered 5:30 p.m . at the Alexan . 2 . She said I'm not sure this is appropriate. but I'm going to say it anyway . This Friday and Saturday.Tm helping to set up exhibits of over five hundred cr«hcs. belonging to Englewood and Littleton citizens, over at the church just west of Southglenn Mall . Some are antiques and some hand carved . In case anyone is interested. it will be from 10:00 a.m. 10 9 :00 p.m. Mayor Bradshaw requested Ms . Grazulis e-mail her, as she needs to be there . Ms . Grazulis said yes, they would like you to be there . 3. She said I will be helping with Business After Hours at March Hare this Wednesday evening between 5:30 p.m. and 7:30 p.m. Mayor Bradshaw encouraged everyone to try to stop by . It is a good business . she said . Ms . Grazulis said this is just one more Business After Hours . We are trying to promote Always Buy Englewood. Mayor Bradshaw said that is what I have spent the holiday doing, shopping in Englewood. 13 . City Manapr's Report (a) City Manager Sears said I wanted to remind the Council that we are going to have an Employee Holiday Party, on December 13'", and Council is welcome to attend . It will be in the Community Room, from 11:30 a.m. to 1:30 p.m. (b) City Manager Sears said I want to offer a special thanks to Don Ingle, who is doing an incredible job for the City with all of the IT transformation that 's going on. His staff and all the employees are working extremely hard to make this happen. Tamara Wolfe expressed her satisfaction and enthusiasm to actually have this appro ved for the coun system, he said. and I know that Don Ingle. Mike Flaherty and Tamara Wolfe worked hard to make that happen . So behind the scenes, every night, these people are down here working away and I just want to say thank s. 14 . ,City Attorney's Report Ci ty Attorne y Brotzman did not have any matters to bring before Council. 15 . Adjoum-nt RADSHA W MOVED TO ADJOURN . The meetin g adjourned at 8:25 p .m. AWARD ~ '\ ~ayor's Choice ~ Lifetime Holiday Spirit ,..Candy Land Award (._~ Coyote Christmas Award ~ (c~ Taz-in-a-Box Award l~ )Serenity Moments Award ~ "Most Unique Award ~ ,~ngel Award A:ights! Lights! Lights! Award (y; Snowm 'ward './ rftonorable Mention ('I) 15th Annual KEB Lighting Award Winners 2002 PARTICIPANT Brian & Patricia Moberly Richard & Alice Kloewer The MIiier Family Pat Lobb Shim & Paula Feasel Douglas Haas Mark Alan Greiner Steven Martinez Ron & Melanie Kloewer ~ Doug & Barbara Bartow Sherry & Steve Clark ' Dennis & Kathy Brewer Mini Flea Mart Walace L. Smith Ganvl.eller Famly I Friends ADDRESS 3295 $.Clarkson 4990 S. Elatl St. 4104 S. Sherman St. 3270 W. Grand 3936 S. Elatl 4538 s. Shannan St. 2875 s. Delaware 3068 W. Layton - 5041 s. Elatl St. 3018 S. Grant St 4760 S. Logan St. 4045 s. Elati St. 3441 s. Broadway 4308 s. Pearl St. 4560 s. Lowell Blvd . • .,....,, Ofll! cm-.ua-1 &OZZZ YA lllil!IIY 0011 ll!IS '1$ IIIJ 111191 ~ ~:,. ..... . Ml-• 11111111111M ... 111-:J Ill 'IIIIIS 1111!111 1111 JI ... ,. IZ!l .. 1111!11 -.... -.11A111111 • 111111 II! 1111111-:J !") Sprawl wo rsens dramatically the more a city grows in population .~~ ·e..,e-i;~ Cities With No Popul111on Gro wth Cities With Populat11, G,awth Under 10\i C1t10s With P1p1!1111, Gro wt h ol 10-30 11 Cit,es With Population Grawth al J 1-50 \i .~~ Cities With Papulat iDA Grawth Aim 50 11 •e.-e._, C 1000 NuMbonl1SA.t0• 38 0/o -.s,,,..i This graplic lllllpl Illa 100 largest Maiizad Araas inti ... KC1ra1 ID 1hair pan:8lllga IIIPllalioli i,uwdl (1978-19!Nl). It slllws M11111 spilWI far each""· hr .... Illa cilia ... 10-H popalatioll i,IWIII ~ M1118 sinw1 If 54~. 54 0/o .... Spnwl ,,--.- 1 .\ .__, --·· J ,,.-s., 72 0/o -.s,,,..i \ l ' 't . ._J , • • 1 . • ... lpMll6 ~ ·s-n 11 ..., I 'ON 8111 S! smuo:J IM'V • jMRJds P'!IIIII l!Jlll1l I 'ON 11111 '! ~ UO!l'lfldod ·s·n· :Moqs l!le0 newne snsua:1 asne:11a!q:1 a111 S! ssa16uo3 The evidence is clear: Sprawl cannot be tamed unless Congress stops forcing U.S. popula~on growth! (flip up this page to see wha t Congress is doing to us) SOURCES: U.S. Census llnu' s Udlaaized Al88s DI the U.S.: www.Stnw[ity.com 112 % Awf..,Spr,wl 100 Million Growth 80 Million Growth 1910 ·• U.S. Population Growth Since 1970 1980 1990 • 1 ·---•. \ I ~-._J 1776-1976 average 236.000 Average Annual Immigration SOURCES: U.S . Immigration and Naturalization Service (immigration averages): U.S . Census Bureau (total population growth): demographer Leon Bouvier and Census Bn. (praportioning growth sou ces). see NunilieBUSA .com - -~ ... 80 60 20 1111 ·• • • • r·---.' I '. I I L , ~ -WII ,,,.., I WIIUIIL"IJ• Use tools on NumbemlSA.com tD tell Members of Coni,ess what you think about their record. • ACTION ALERTS: Register on NumbersUSA.com tD receive notices of legislative opportunities tD aeate a diffen!nt future. • VIDEOS & MORE: Contact NumbersUSA.com for Roy Beck's video piesentation of the information on this fold-out poster. for more posters, and for other assislance in combating federally lon:etl sprawl: NumbelSUSA.com 1601 N. Kent St Slile 1100 AllingtDn. VA 22209 1-BTI-885-7733 infa@imnienusa.com 1181 Growth of U.S. Population in Millions • • 141 121 • • oes no But the United States 1:ensus Bureau says that the projections on this chart are inevitallla UNLESS l:ongress cuts i1migndian. •VOIIIIBIIIS: .......... ,. ...... _. ........ • a 1 •• .. ••as r : -... .. ............ enl t • • --. -____ ,.. ___ _ ~--=~===±:.~~::;,=:=.:::;:::::::============-= &!11::zt;.~£_~~~c;c...,~.c;;....~~'I-~-a,,.---.... c....~ ~:=--r~~~~---r~--· - J...a.A~~~~ -----~~~ --------·-, ,._.....__ ____ --------;,;;r-------.J . _______ __k21i/o /(e. !--1.~'¥,I!}~~~ I ----r----·--------;;.-;-----[ --·. l __________ la Ca.fl ~~...u.~~&4.-..fM'.~~ . 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PUBLIC COMMENT ROSTE h AGENDA ITEM 7 DATE: Deoember 11, 2002 UNSCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES ,, ~~!L!.!::!!E.~~~~---AI _____..:J/:::__ .Ji/'#5' S, 1)......;:, 5 ... "Ill If ~"' ~._..~~~- /.3//t'J. W . b,nm,,. IV< +ll(J.I A&)-"'91t PLEASE PRINT City of Englewood . AGENDA ITEM 9 (a) --~ ...... , DATE: December 18, 2002 To gather input on Council Bill No. 62, W l117Pt I hll 1C1121 • ., .... I PUBUC HEARINGi PRQIECT: Before you is Council Bill #62,An Ordinance revision, revising the Englewood Municipal Code regarding the definition of "Household." REQUEST: Staff recommends that the City Council consider testimony during Public Hearing on the proposed amendments to Title 16 Zoning Regulations, Title 9 Housing Regulations, and the 1997 Uniform Building Code Section 207-F pertaining to the definition of Family/Household as follows: 1. Family/Household: (1) one or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, living together in a dwelling unit; or (2) two unrelated persons and their children living together in a dwelling unit. ll~er 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 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 . 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. It was found 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. After review of the findings, Council defined two objectives. The first objective is to update the definition of "Household" creating consistent language within Title 9 Housing Regulations, Title 16 Zoning Regulations, and the 1997 Uniform Building Code Section 207-F . The-second objective was to revise the existing language that restricts the number of unrelated people living in a dwelling unit from eight (8) people to a number that was consistent with the metro area. 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). On October 8th, the Planning Commission reviewed, took public testimony and provided comment to the proposed Ordinance revisions. During the Hearing, Planning Commission voiced apprehension due to the restrictive nature of the proposed definition which only allows three (3) unrelated people to live together. t .. • • Comments were based 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 in a single dwelling unit. To account for this potential living arrangement, the Planning Commission amended the recommendation as outlined in the staff report. The amendment was passed 7-0. (Planning Commission: A household includes not more than two groups of ( 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 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.) • During the November 4•, City Council study session, members of Council, stated that after contact with citizens in their respective districts, there had been additional concerns raised about parking and prospective "rooms for rent." • During the discussion that ensued, Council, by consensus stated that they would prefer to limit the number of unrelated people allowed to live together in a single family unit to no more than two unrelated people and there children. Council also set November 18., as the 1" reading . At the November 18., meetin& Council Voted 7-0 to set December 16., as the public hearing date for the proposed ordinance amendment. • Additionally, Council reviewed three alternative languages for prospective motions, moving to amend the Planning and Zoning Commissions recommendation as outlined in the staff report. The City Council approved the definition as amended 6-1. • 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. RECOMMENDATION: Staff recommends that City Council to approve the proposed rev1s1ons to the Comprehensive Zoning Ordinance pertaining to the definition of Famjly/Househo!d as outlined in the staff report. THE ENGLEWOOD HERALD STATE OF COLORADO s COUNTY OF ARAPAHOE I, Thoma E. Spargur, do solemnly swear that I am the Publlaher of the Enpwood Benld and that the aame is a weekly MWSpaper published in the city of Littleton in the County of~. Slate of Colorado, and hal a general clff:Ulation therein; that aaid MWlpa- per hu been published conlinuoualy and unintllffl.ll)lecly in said County of Ar..-- for a period of more than 52 weeks prior to the first publication of the annexed notice ; that said MWIIPIIP8' is entered in the POSI Office of Lltu.ton, Colorado, -Second CIBA Mail mallllr and that the said MWlpa- per is a MWSpaper within the .,_,ing of the act of the Geneial Assembly of the State of Colonldo, approved March 30, 1923, and entitled ul.egal Notices and ""-tl-.ita" and olher acts relating to the printing and publishing of legal nolicea and was published in the regular and entire iuuea of said ,-apaper, once each week, on the same day of each week. for a period of I! _f_conaecutive insertions and that the linll ~ publication of said notice WU in the issue of ~1; ~ ~~ Jc)..brm 1~t The last publication of said notice was in the /) issue of said newspaper dated ~ -2002 ~j . 1,~ . <,.) 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CIIC CllJCIIIII CllJ al I d CCNI 10001,;41 ........... ..... OIN,~11111 =='-.o·~, • t • • (J COUNCIL COMMUNICATION Date Agenda Item Subject December 16, 2002 9a Ordinance Amendment Single Unit Dwelling Occupancy Limits -Public Hearing INITIATED BY Community Development I ST Aff SOURCE Anthonv I. Fruchtl Planner I RECOMMENDED ACTION Staff recommends that the City Council consider testimony during Public Hearing on the proposed amendments to Title 16 Zoning Regulations, Title 9 Housing Regulations, and the 1997 Uniform Building Code Section 207-F pertaining to the definition of Family/Household as follows: Family/Household: (1) one or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, living together in a dwelling unit; or (2) two unrelated persons and their children living together in a dwelling unit. COUNCIL GOAL AND PREVIOUS COUNCIL ACTION On November 4"', 2002, during study session, City Council reviewed proposed amendments to the Englewood Municipal Code to Tide 16 Zoning Regulations, Tide 9 Housing Regulations, and 1997 Uniform Building Code Section 207-F. On November 18"', 2002, during 1" Reading. 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. PREVIOUS PLANNING COMMISSION ACTION On 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 amendment specific to the multiple ways the language could be interpreted. The Planning and Zoning Commission further 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 dwelling unit. .. t ..• .. .. ··' ' To account for this potential living arrangement, the Planning and Zoning Commission amended staff's recommendation, and recommended that the City Council approve the proposed definition of Family/Household 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, 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. 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 donnitory; 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'd, 2002 . (See Attachment) Dur ing discu ssion, it was noted that the average number of unrelated people allowed to live together in jurisdictions throughout the metro area and comparable populated cities w ithin 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 . A ft er review of the findings , Council defined two objectives . The first objective is to update the definition of uHousehold" to uFamily/Household", and create consistent language within Title 9 Housing Regulations , Title 16 Zoning Regulations, and the 1997 Unifonn Building Code Section 20 7-F. The second objective is to revise the existing language that res tr ict s th e number of unrelated people living in a dwelling unit from eight (8) people to 2 • .. . • ' • 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 Facility 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. During the November 4, 2002, 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-family 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 three 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 following: A household includes not more than two groups of ( 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 th an four persons not related by blood, marriage, adoption, or legal guardianship living together in a dwelling unit, provided that such group does not meet t he 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. Further, City Council voiced concerns about the potential of #for rent rooms# in the R-1 Single-Family Residence Districts wt-· re prohibited per the zoning regulations. During this discussion, City Council, by cons c 1s 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 . On November 18, 2002, City Council voted 7-0 to set December 16, 2002 for the Public Hearing to consider the proposed amendments to Tide 16 Zoning Regulations, Tttle 9 Housing Regulations, and the 1997 Uniform Building Code Section 207-F pertaining to the definition of Family/Household . In addition to Council setting the Public Hearing Date, staff as directed by Council, present ed alternative language for suggested motions regarding occupancy limits. These altern atives were based on the number of occupants that are allowed to live together in a si ngl e dwelling unit. During the discussion that ensued, Council rev iewed the three 3 t • • alternatives preferring the occupancy definition pertaining to "Two unrelated people and their Children", but noted that language limiting children under the age of eighteen (18) years as the only ones who could live at home may be too restrictive. Council, through discussion, acknowledged that many Englewood residents have children that return home from college, or military duty and the intent for the Ordinance revision was not to prohibit family members from moving home after such ventures .. City Council moved to amend the Planning and Zoning Commissions recommendation for the Definition of Family/Household from "A household includes not more than two groups of ( 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 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;" to the following: fiuuih'lHousehold: A he1:1sehels iAel1:1ses ( 1) one or more persons related by blood, marriage, adoption, or legal guardianship, including foster children, ~ together in a dwelling unit; or (2) a g,e1:1p ef Aet ffleFe thaA eigi:lt J:)eF58A5 A8t FelateS hy hleeS, fflaFFiage, aSeptieA, 8F legal gl:laFSiaAship liviAg tegetAeF iA a SwelliAg l:IAil; pF8ViSeS that 51:1Eh 8F81:1p Sees A8t ffleet tAe sefiAitieA ef seFffliteF',·; eF (3) two unrelated persons and their children living together in a dwelling unit. The City Council approved the definition as amended 6-1. ANALYSIS: The first Council objective was to unify and provide consistency between the definition of Family /Household throughout Title 9 Housing Regulations, Title 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. This amendment meets that objective. FINANCIAL IMPACT No financial impact has been identified. UST OF AITACHMENTS Bill for Ordinance Occupancy Limitation Chart Planning and Zoning Commission Findings of Fact Planning and Zoning Commission Staff Report dated October 8, 2002 4 • • • ,. -~ . .: .. . ~ ·~. . .. !'. ~ \, JUIIIION:TION I Of IINMI AlEP WI!'? l!'lfllllC:U ~ I' vr, elf f!• '.l!!•;J.~!4! If.HU 1'111'111 A 111 lfl l'l!Uf'll! AllUMIJ l'ui.lt:I: tUIIIIIU l'HUAt: IIVI: t:Ulll'LAIII I l!At:11 tl!AN -Arv-6 y y 15 lo 20 101,000 Aunn 4 y y 200 271,313 Bcuder IFR-3 y y 1110 103,000 -....... 3 y y 21o3 41,000 Calo.Spmga 6 y y 100• 311,CICIO c-car 3 y V 100 20.000HWII °"'"' IU.ll ....... y y 20T030 --~ • y y II .u.- FLCGaW a y V 24-:11 119.000 IU.11 ............ OGldal'I 4 y y y 10 11,IIO IUJL ........... OINlay 2 V V 41 ,..., Labwood ,,.. ........ _ y V 2001 ·31 144.000 2002-21 L...._. ................ y y 10 43.lal 111111 ... ,u.11.- TIIOlnlon 4 y y 10 lt,410 WNll'nNllf Nol.mis NIA 1Cll.l40 WhNlrlllge ................ y y 13-11 32.113 111111 ... auJL- CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE tORD 2002-01) FINDINGS OF FA.Cr, CONCLUSIONS ) AND RECOMMENDATIONS RELATING TO) AMENDMENT OF THE ENGLEWOOD ) MtJNICJPAL CODE, 118-8-1 DEFINIIIONS) TO AMENDING THE DEFINITION OF ) "FAMILY/HOUSEHOLD" ) INITIATED BY: City of EDClewoocl 1000 £Dalewoocl Parkway EDglewoocl.CO 80110 ) ) ) ) ) ) FINDINGS 01' l'ACr AND CONCLUSIONS 01' THE CITY PLANNING 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 7.oning Commission made the following Findings and Conclusions. l'INDINGS Of FACT l. THAT the public hearing on the propoaed amendment of the Eqlewood Mu- nicipal Code , Title 16-8-1, wu brought before the Commission u a directive of the City Attorneys Office . 2 . THAT notice of the Public Hearing wu publiahed in the lo\lJmood Blmld on September 20, 2002 . 3 . THAT the request is to amend the definition of•Houaehotd• to include ?am- ily/Household•, and to reduce the number of unrelated persona allowed to live • • together as a "family• or "household• from eight individuals to no more than three. CONCLUSIONS 1. THAT the proposed 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 i"1 the Enaiewood Hmwl on September 20, 2002. DECISIOl'f THEREFORE, it is the decision of the City Planning and Zoning Commission that Title 16-8-1 of the Englewood Municipal Code should be amended by modification of the definition of ·Household• and reduction of the number of unrelated persons al- lowed to live together as a "household•. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on October 8, 2002, by Mr. Welker, seconded by Ms. Lathram, which motion states: Welker moved: Lathram seconded: The vote was called: The Planning Commission recommend to City Council dull the amend- ment of §16-8-1 be approved with the following wordin1: § 16-8-1: Family/Household: A household includes (1) not more than two poups of one or more per- sons related by blood. marriage, adoption, or legal guardianship. including foster children, together in a dwelling unit: or (2) a poop of not more than eight FOUR persons not relarcd by blood. marriqe. adoption, or lepl guardianship living together in a dwelling unit. provided that such poop does not meet the definition of dormitory. 1er (l) l\!.le llftlllllle L'"1'8flW M4i lheir ehildl'811 lhi111 te•lher i11 • thvelli111 llllil AYES : NAYS: Welker. Willis. Diekmeier. Krieger. Laduun, Muller, Roth, Schum, Wagoner None ABSTAIN : None ABSENT: None The motion carried. 2 CIY • t These Findings and Conclusions are eft'ective as of the meeting on October 8, 2002. BY ORDER OF THE CITY PLANNING a ZONING COMNJSSION R. C. Willia, Vice Chairman 3 / • ORDINANCE NO. SERIES OF 2002 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 62 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AMENDING TITLE 8, CHAPTER 24, SECTION 2, SPECIFIC MODIFICATIONS; TITLE 9, CHAPTER I, SECTION 4, DEFINITIONS, AND TITLE 16, CHAPTER 8, SECTION I, DEFINITIONS, OF THE ENGLEWOOD MUNICIPAL CODE 2000, REGARDING THE DEFINmON OF "HOUSEHOLD". WHEREAS, issues were brought to the attention of Council concemina the number of unrelated people allowed to live in a dwelling unit in residential zone distticts; and WHEREAS, the Englewood Planning and Zoning Commission held a public bearing 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, IS 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 : Section ) . Englewood City Council hereby amends Title 8, Cbapcer 2A, Section 2, Specific Modifications to Adopted Ca (Uniform BuiJdina Code, 1977 Edition) by addina a new paragraph E and relettering the remaining parqrapbs to F through J, wilb 1be new Paraanpb E reading as follows: Section 207-F, Amend the definition of Family to read: Family/Hoysehold· P-il)' is &11 iadi. idlllll er ffl!e er Mere paoeM ,.1a,,.a lly lllull •-... • • .... , er ae1 raere lhan fhe pH11ea8 (e11ellldiag IIPVMIII) whe MIii Ml Ill r1l11u1 lly 1111111 • 111effiage li¥iag legelher ir.n I dwe lling 11Ril. One or mWF PCJl9PI rslatgt bx hl994 martjass r1ooSm w Jcel MDHr+in includios C91Js sbilska lixios J98Clbs: ip , mllins ypig; er &n ,,,,,,., AIPAPI ea their chil4cFP lixins 191Clbs: io I dwslliQs ypit Section 2. Title 9, Chapter I, Section 4, Englewood Municipal Code 2000, is hereby IIDCllded under Definitions to read IS follows and shall be inserted in alphabetic:al order: .. ' • .. . ' .. • • 0 9-1-4 : Definitions : Family/HousehoJd : A. Aey Bllfflller efpe,se115 related 1,y l,leed, IIIBffiage er adeptiee 1Baiefatlling a eefflfflee he11seheld as a siegle dwellieg llllit; er 8 . PerseRs ehhe !i81fte se11 whe aeed eet l,e relMed 1,y l,leed, IRlll'fiage er adeptie11; liYiRg tegelher as a siRgle he11sekeeping llllil in a single dwelling. One or more oeoons related bv b1994 maqiage adontion or lssal guaqlianshin including foster chilm lixios tosesber in a <Jwellins YPit; or two unn;Jatcd PFQ9QS and their children livios tosether io a dwellios unit 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 : FAMILY/HOUSEHOLD : A he11seheld inel11des (I) eee er 111eN pe,sens NIMed I,~ 1,leed; -..age, adeptie11; er legal gll8fdiBll5hip, ieellMlieg fe!ller ehilllN11; legether in a II .r:ellillg llllil, er (2) a gre1111 ef RBI IBBN lhBB twe gre11ps efael IIIBN thBft eishl pef88BI BBi Nlated 1,y l,leed; -..age, adeplieR, er 11191 ~ip Ii, i•1 te11lher ia a fltJ. elling IIIH\ JINVided lhal 1111h grel!p dees eel 111ee1 ae deflllitiea efdellllitery er (3) 1we HM'tlateil plr!IBBB 11111 lheir ehildreR Ii, ing 1egelher it1 a dwelling llllit. One or more PCP9M mlatgl by blood, maqiags adpptigp w lesal BVerJiuabin includins fosw: chilm Jiyjps lpfflher in a dwsllios wit· w two ypg;JIJCd PCD9PI and their chilm lixios toss;ther in a dwellio1 µpit Section 4 . Safety Clauses . The City Council hereby finds, dctcrmincs, and declares that this Ordinance is promulgated under the general police power of the City ofEn&lewood, that it is promulgated for the health , safety, and welfare of the public, and that this Ordinance is necessary for the pre servation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 5. Severability . If any clause, sentence , paragraph , or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudaed by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances . Section 6. Jncon s jstent Ordjnances . All other Ordinances or ponions them,( inconsistent o r conflicting with this Ordinance or any ponion hereof are hereby repealed to the extent of such inconsistency or conflict. t .:,. . •' • • Section 7. Effect of repeal or modification, The repeal or modification of any provision of the Code oftbe City of Englewood by this Ordinance shall not rclcue, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sunaining any and all proper actiou, suits, procccdings, and prosecutions for the cnfon:cmcnt 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, proc:eedinp, or prolCCUtions. Section 8, fmlllSx. The Penalty Provision of Section l-4-l EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, amended and pused • amended on first reading the l B* day of November, 2002. Published u a Bill for an Ordinance on the 22"" day of November, 2002 . Set for Public Hearing for December 16, 2002. ATIEST: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clcdt for the City of£nalewood, Colondo, benby certify the above and forqoiq is a Bill for an Ordimncc, inlroduced, read in full, and Jmaec1 on fint reading on the 1s• day of November, 2002. Loucrilhia A. Ellis Date December J 6, 2002 INfflATEDBY: COUNOL COMMUNICATION Agenda Item 10 a i ' STAFF SOUia: Subject: Victim Assistance Law Enforcement Grant, 2003 Safety Services Director Chris Olson COUNCIL COAL AND PREVIOUS COUNOL ACTION The City of Englewood has applied for and accepted the VALE Grant from 1990 through 2002. RECOMMENDED ACTION Staff seeks Council support of a bill for an ordinance accepting 2003 Victim Assistance Law Enforcement grant funding in the amount of $1 5,000. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIRm The VALE Grant finances approximately 32% of the salary & benefits for the Victim Witness Program at Englewood Municipal Court. The Victim Witness Program provides services for victims of domestic violence. FINANCIAL IMPACT Victim Witness program would lose 32% funding. LIST OF ATTACHMENTS Proposed Bill for an Ordinance ORDINANCE NO . SERIES OF 2001 BY AUTHORITY AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS, the City of Englewood Safety Service Depanment applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Proaram in the Englewood Municipal Court; and WHEREAS, the City of Englewood bas previously applied and been granted VALE Grants for the •ears 1990 through 2002; and WHEREAS, the staff seeks Council suppon for an Ordinance accepting a 2003 VALE grant funding in the amount ofS 15,000; WHEREAS, the Victim/Witness Program in the Englewood Municipal Coun bas served the victims of domestic violence since 1990; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-The City Council of the City ofEnalewood, Colondo hereby audioriJJes the acceptance of the VALE Grant and accompmyina inteqOvemmcntal apecmeat, a copy of which is marked u "Exhibit A" and aaached hereto. ~-The Mayor and the Director of Finance/ Administrative Scrvicea are hereby authorized to sign said VALE Grant and accompanyina interaovemmental aarecn-t OD behalf of the City of Englewood . Introduced, read in full , and pused on fint readina OD the 16•day ofDec:embcr, 2002 . Published as a Bill for an Ordinance on the 2o*' day of December, 2002 . Beverly J. Bndlbaw, Mayor ATTEST : _ Loucrish ia A. Elli s, City Clerk -1- • • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a lrue copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16* day of December, 2002. Loucrishia A. Ellis -2- VICTIM ASSISTANCE AND LAW ENFORCEMENT BOARD CONTRACT Pursuant to the Assistance to Victims of and Witnesses to Crimes and Aid to Law Enforcement Act, Article 4.2 Title 24 C.R.S., the Victim Assistance and Law Enforcement Board of the 18"' Judicial District has made the following award: Grantee: Englewood Department of Safety Services 3615 South Elati Street, Englewood, Colorado 80110 Grant number: 03-38 Project Title: Victim Witness Program Purpose of Grant Funds: Provide support for victims of domestic violence through the court process Services/Equipment Being Funded: Portion of salary and benefits for victim/witness advocate Grant Period: January 1 to December 31, 2003 Amount of Grant Award: $15,000 Quarterly Installments: $3,750 BE IT UNDERSTOOD THAT: ( 1 ) All disbursement of awards are contingent upon the availability of VALE funds. (2) The contents of the grant application will become contractual obligations of the grant recipient and are incorporated into this ·contract as if fully Ht forth herein. (3) The grant recipient is required to submit Financial Reports quarterly: April 30, 2003, July 31. 2003, October 31, 2003 and January 31. 2004 for funding for 2003. The report due on January 31, 2 0 0 4 shall be the year-end report .. The VALE Board wiH -provtda Finenca Reporting-Farms , Grant recipients .,. required-to•. use these forms. .. t • • - Englewood Department of Safety Services 03-38 (41 The grant recipient is required to submit a Program Report on July 31, 2003 and January 31, 2004, which addresses any special conditions that are listed in this contract. The report due on January 31, 2004 shall be the year-end report. It shall show totals for the entire year and must address any special conditions that are listed in this contract. The VALE Board will provide Program Reporting Forms. Grant recipients are required to use these forms. Reports shall be sent to: Francie Miran, Grant Evaluator VALE Board District Attorney's Office 7305 South Potomac Street, Suite 300 Centennial, Colorado 80112-4031 (720) 874-8600 (5) Failure to submit these required reports on the dates due may result in termination of the grant award, return of awarded funds or the loss of future funding by VALE. (61 Special conditions for the award which have been stipulated between the VALE Board and the grant recipient are as follows: None (71 Any equipment purchased with VALE funds must remain with the grant recipient. Equipment must be used for the purpou designated in the grant application. Any use by others or transfer of ownership must be reported to the VALE Board, in writing, prior to the occurrence of such use or transfer. The Board may approve such use or transfer or may request return of the equipment. (81 Any change in the use of grant funds shall be approved by the VALE Board. The request for such change shall be in writing. Approval of the VALE Board shall be obtained prior to any such use. (91 Amendment of any other terms of this contract shall have prior approval of the Board. Requests for amendment shall be in writing. ( 1 01 The grant recipient shall submit written notification by December 1, 2003 to the VALE Board if the grant recipient will have any remaining funda at the end of the grant period ... .. ' .. .. ' • • Englewood Department of Safety Services 03-38 0 All unused funds shall be returned to the VALE Board unless the grant recipient makes a request in writing for use of the funds beyond the grant period and such request has been approved by the VALE Board. Such requests shall include: The amount of remaining funds How the funds will be used When the funds will be expended Why the funds were not expended. Such request must be received on or before December 1, 2003. Upon receipt of the request, the VALE Board shall decide whether to grant or deny the request without further presentation or hearing. ( 11 ) The grant recipient agrees that all funds received under this grant shall be expended solely for the purposes stated above and that any funds not so expended, including funds lost or diverted to other purposes, shall be repaid to the VALE fund. ( 12) The grant recipient agrees to comply with the letter and spirit of the Colorado Anti-discrimination Act of 1957, as amended, and other applicable law respecting discrimination and unfair employment practices (C.R.S. Sec. 24-34-402) and required by Executive Order, Equal Opportunity and Affirmative Action, date April 16, 1975. (13) Non-compliance with any portion of this contract may result in: Withholding of funds The grant recipient returning money to the VALE fund Other action as deemed necessary by the members of the VALE Board Any combination of the above. ( 14) All grant recipients shall make available to the Boa.rd or its authorized designee all current books, records, procedures or other information relative to the grant application and implementation. · (15) The. funds granted by-this.contract-for. Victim .Services shall .be .disburud.in. •. quarterly installments pend1 .1g VALE Board approval of all required reports and verification of expenses. Th ,:3 funds granted by this contract for equipment may be dispersed by a single-payment for the full amount, pending VALE Board appioyel.of- all required reports and verification of expenses. t . ·"' • • 0 Englewood Department of Safety Services 03-38 fj· 0. The grant recipient, through the following signatories, understands and agrees that any VALE monies received as a result of the awarding of the grant application shall be subject to the terms of this contract. Date ________ _ Project Director .Date ________ _ Financial Officer Date _________ _ Authorizing Official Date ________ _ Carol Worth Chair, VALE Board Authorized Official: The authorized official ia the person who ia, by virtue of auch person', politlon, authorized to enter into conuac:t, for the grant recipient. Thia could include: Mayor or City Manager,~ of the County Commiaaia11er1. Diltrict Anomey, President or Chairperwon of the Board of Directors, Superintendent, or other Chief Executive Officer. Financial Officer: The person i1 rlll)Ollllible for all financial mattllfl related to the progrem and who h• respanllibility for the accounting, management of fund,, veriflcadon af upendlturw, audit Information and financial repom. The peraan who actually preper11 the finical reporta may be under the aupervieian at the Financial Officer. The Financial Officer must be a peraan other than the Authorized Offlciai or the Project Director. Project Director: The peraan who h• direct relll(IMibility for the implementatlan of the project. Thie per-, should combine knowledge and experience in the project -with ebillty to adminieW the project and superviae paraannet.' Ke/lhe in ... raponllllility'wiltl 1111 fln*icial'Offlce'fanaallg mat llt~ ltt' within the approved budget. Thia person wil normally devote a major portion of hlelher time to the project and is reaponsible for meeting all reporting req~. The Project Director fflUlt be • Pllf9m\ other than the Authorized Official or the Financial Officer. • I 'J • t • ORDINANCE NO. SERIES OF 200 I BY AUTHORITY A BILL FOR COUNCIL BILL NO. 69 INTRODUCEDBYCOUNCa MEMBER ____ _ AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE IBTHJUDICIAL DISTRICT. WHEREAS, the City of Englewood Safety Service Department applied for funding under the VALE Gr.ints Program to be used for funding the Victim/Witness Program in the Englewood Municipal Coon; and WHEREAS, the City of Englewood has previously applied and been granted VALE Grants for the years 1990 through 2002; and WHEREAS, the staff seeks Council support for an Ordinance accepting a 2003 VALE grant funding in the amount of$ I 5,000; WHEREAS, the Victim/Witness Program in the Englewood Municipal Court bu served the victims of dom1.'Stic viol1.'11ce since 1990; NOW, THEREFORE, DE IT ORDAINED BY THE CITY COUNCa OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-The City Council of the City of Englewood, Colorado hereby authorizes the acceptance of the VALE Grant and accompanyina intergovenunental aareement, a copy of which is marked as .. Exhibit A" and attached hereto. Section 2. The Mayor and the Director of Finance/ Administrative Services are hereby authorized to sign said VALE Gr.111t and accompanying intergovernmental agreement on behalf of the City of EnglcwooJ . Introdu ced . reaJ in full. anJ passcJ on first reuding on the 16111 day of December, 2002 . Published as a Bill for an Ordinance on the 201h day of December, 2002 . ATTEST : Beverly J. Bradshaw , Mayor Loucrish,a A. Ellis . City Cieri.. -1- I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 16111 day of December, 2002. Loucrishia A. Ellis -2- • • Date December 16, 2002 Initiated By Ci Attome COUNCIL COMMUNICATION Agenda Item 10 a ii Subiect Ordinance amending the Englewood Municipal Code pertaining to Boards and Commissions Staff Source Nan Reid Assistant Ci COUNCIL GOAL AND PREVIOUS COUNOL ACTION Review of the Englewood Municipal Code found that some clarifications, as well as technical changes, were needed pertaining to Englewood Boards and Commissions. RECOMMENDED ACTION The Englewood City Council pass the proposed Bill for Ordinance amending the Englewood Municipal Code. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood City Council asked the members of the City's various Boards and Commissions for suggestions for updating the Code relating to such Boards and Convnissions. The City Council has reviewed the suggestions and the provisions of the Code relating to City Boards and Commissions and found that some ordinances need clarification as well as technical changes. FINANCIAL IMPACT No ne . LIST OF ATTACHMENTS Pro posed Bill fo r an Ordinance • BY AUTHORITY ORDINANCE NO. SERIES OF 2002 -4 IIILL POii. f AN ORDINANCE AMENDING 1TI1.B 2, CHAPTERS l, 2. 3, 4, 5, 7 AND 9 AND ffn.E S, CHAPTERS 3 AND 3A, OF THE ENGLEWOOD MUNICIPAL CODE ~. PBR.TAININO TO BOARDS AND COMMISSIONS. I WHEREAS, it bas been some time since there bas been a review of the Englewood Municipal Code relating to Boards and Commissions; and WHEREAS, the City Council of the City of Englewood, Colorado asked the members of these Boards and Commissions for suggestions for updating the Code relating to such Boards and Commissions; and WHEREAS, the City Council has reviewed the suggestions and the provisions of the Code relating to City Boards and Commissions and finds that some ordinances need clarification as well as technical changes; NOW, THEREFORE, BE lT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 2, Chapter 1, of the Englewood Municipal Code 2000, with the addition of a new Subsection 2, entitled Quorum, which shall read as follows: 2-1: ELECTION COMMISSION 2-1-1: Commission Created . The Election Commission shall consist of the City Clerk, who shall be a member ex officio of the Commission, and four (4) qualified electors of the City. No more than two (2) members of the Commission shall be from any one Council district of the City. The Commission shall elect a chairperson from its membership. Appointments of qualified e lector members shall be made by the City Council in January of the year in which the appointment expires for a four (4) year term to expire on February I four ( 4) years hence. 2-1-2: Ouorum. ~mple maiority of the duly appointed members of the Commission shall constiru15 a qY..Qrnm.J:QrJ.he transaction of business In the absence of a quorum. such JPEWFA p are jlru£nunay adio1un from ume to..Ji.mul.ntil a quorum is present -1- ' .,.. . ., • t • Sectjon 2. The City Council of the City of Englewood, Colorado hereby amends Title 2, Chapter 2, Sections I and 2, of the Englewood Municipal Code 2000, which shall read as follows : 2-2: PUBLIC LIBRARY BOARD 2-2-1 : Appointment and Terms. The Public Library Board shall consist of nine (9) members appointed by City Council from citizens-at-large with overlapping terms of four (4) years. Toe (2) meml,ers shall sef'le t111lil FehNIH') I, 1982, P..'8 (2) me111he,a shell sef'le 1111til Fell~ I, 1983, lhl'ee (3) memhe1'9 shall sef'l'e 11ntil Fehw, I, 1984, ell w,,e (2) 111e111he1'9 shell sef'le 1111til Fehftlltl'Y 1, 198S. ThereaRer, meml,ers shall l,e appeilltetl fer fe11r (4) }8111' lerms. The City Council shall make appointments to fill vacancies for the unexpired terms. The City Manager shall appoint a member of the Library staff to be an ex officio nonvoting member of the Board. 2-2-2: Organization and Meetings. The Public Library Board shall convene at least once in each calendar month for the transaction of such business as may regularly come before it. A record of each meeting shall be kept and placed in the office of the City Clerk for public inspection. All regular meetings of the Board shall be open to the public. A simple majority of the duly appointed mcmben of the Commission shall constitute a quorum for the transaction of busjness In the absence of a quorum such mcmbcn as arc present may adjourn from lime to time until a quorum is present. Section 3 . The City Council of the City of Englewood, Colorado hereby amends Title 2, Chapter 3, Sections I and 2, of the Englewood Municipal Code 2000, which shall read as follows: Chapter 3: WATER AND SEWER BOARD 2-3-1: Board Established. There is hereby established a Water and Sewer Board consisting of the Mayor of the City, two (2) Council Members selected by the City Council and six (6) members appointed by the Council from qualified electors, serving six (6) overlapping terms of six (6) }'ears . A representative from the City administration shall be appointed by the City Manager to serve as an ex officio, nonvoting member. 9tie 111emh• ef the BeaNI shall he ap,eintetl 1,y the Ce11neil le HP\e IIBlil Fehw-, I, 19'9, l\T.e (2) •-hers ef the 88111'& shall lie appei11tetl l,y the Ce11111il te NP\e lllllil Fehw-, I , 19,4 . T hereaAer , 1R8PBl!e,s ef the •id 888NI 9111111 1,e appeiated 11, the Ce11Beil fer •-• ef si11 l') yea rs . Counc il members on said Board shall serve dwing their tenure as such Counci l member. All members of the Water and Sewer Board shall be subject to removal by th e Counc il. The C ounci l shall make appointments lo fill vacancies for the expired terms . -2 - t ... • • 2-3-2: Powers and Duties . The Water and Sewer Board shall exercise such authority, and it shall have such powers and duties as arc vested in it by the City Charter, and such other and further powers as may be delegated to it from time to time by ordinance or resolution . A simple majority of the duly appointed members of the Commission shall constitute a quorum for the transaction of business. In the absence of a quorum such members as are present may adjourn from time to time until a quorum is present. Section 4 . The City Council of the City of Englewood, Colorado hereby amends Title 2, Chapter 4, Section 3, of the Engl ood Municipal Code 2000, which shall read as follows: 2-4: PARKS AND RECREATION COMMISSION 2-4-3: Powers and Duties. The Parks and Recreation Commission shall have the following powers and duties: A. Advise City Council in all matters pertaining to recreation . 8 . Prepare -111111, e parlel 111d ree"81ie11 -• pl111 fer the de·, elep1M11t BIid meillte-ee er e 111ei1-BINI 111,...-parlll 111d ree,eetie11 •, item. G ~-Act as a sounding board of the community and gather and assess the facts and data necessary to maltc sound recommendations to the City Council in providing recreation services. The commission, with the approval of City Council, may form committees made up of commission members as well as citizens as nccdcd to rcscan:h programs that call for extensive time and discussion . These committees will be advisory only to the Parks and Recreation Commission . ~-Review the annual parks and recreation budget as submitted from the Department of Parks and Recreation to the City Manqcr and make recommendations to City Council if the commission deems necessary . ~-Adop1 rules and regulations for the conduct of the commission meetings and duties of its officers and committees. F!i · Meet monthly or as necessary. Sec ti on 5. The City Council of the City ofEnglcwc,od, Colorado hereby amen ts Tille 2. Chapter 5, Section I, of the Englewood Municipal Code 2000, which shall read as follows : -3- • • 2-5: PLANNING AND ZONING COMMISSION. 2-5-1: Commission Established. There is hereby established a City Planning and Zoning Commission consisting of nine (9) members, appointed by the City Council, who shall be citizens-at-large with overlapping four (4) year terms. The City Manager shall appoint an administrative officer to be an ex officio, nonvoting member of the Commission. Citizen-at-large members shall be qualified electors, residents of the City at least one year immediately prior to the date of their appointment, and shall hold no paid office or position in the City administration. 0Re eitii!!eR at large 111e111l,er shall l,e B!!PBillted te HP\1e 11Rtil Fel!NBfY I, 191'1; w,e (2) eitii!!BB at large 111e1111!eP!I te SBP\e 11Rtil Fel!Nm, I, 1973; aed l\1/8 (2) eitii!!l!R at large 111ellll!eP.1 te serve ltfttil Fel!NBfY l, 1974 . Thereafter, e-Citizen- at-large members of said City Planning and Zoning Commission shall be appointed for four (4) year terms. All members u f the City Planning and Zoning Commission shall be subject to removal by the appointing authority . The appointing authority shall make appointments to fill vacancies for the unexpired terms. Section 6. The City Council of the City of Englewood, Colorado hereby amends Title 2, Chapter 7, Section I, of the Englewood Municipal Code 2000, which shall read as follows: 2-7: MUNICIPAi. EMPl.8YEES AD\qSQR¥ B81t11D NON-EMERGENCY EMPLOYEES RETIREMENT BOARD 2-7-1: Retirement Board . There is hereby established a Retirement Board for~. eligible, non-emergency, City employees, which Board shall be called the Non-Emergency Employees Retirement Board <NEERB). Said Board is to be organized and to have the powers, duties and functions as set out in Section 3-6-4-11 of the Englewood Municipal Code. Scctjon 7. The City Council of the City of Englewood, Colorado hereby amends Title 2, Chapter 9, Sections 4 and 7, of the Englewood Municipal Code 2000, which shall read as follows : 2-9: CULTURAL ARTS COMMISSION 2-9-4: Terms or Members. The term of office or the members first appointed to the Cultural Arts Co mmission shall be three (3) members for a term of three (3) years, two (2) members for a term of two (2) years, and two (2) members for a term of une year. Thereafter, all subsequent appointments shall be for a term of three (3) years . ~ peFS811 shell SBl'l'B IR8Pe Yl&II I.; 8 (2) B8RHBllli!/e tel'ftlfl BR the C11ltwal Ai'II Ce 1R1Ris sie11 . -4- .. t ... .. • • 2-9-7: Appointment of Officers and Adoption of Rules. A . The Commission shall organize, adopt administrative rules and procedures and elect from its members such officers as it shall deem necessary to accomplish its purposes. Officers of the Commission shall be elected for -eae IlY.Q year terms . ~le effieer shall serve in lhe s11111e eapaeity fer mere 1111111 iwe (2) eeRSee11th e teflM,, B . The chairperson may appoint such standing or special committees from the membership of the Commission as the Commission shall determine necessary or useful in carrying out its purposes and powers. The purpose, term and members of each committee shall be determined by the chairperson . Section 8. The City Council of the City of Englewood, Colorado hereby amends Title S, Chapter 3, Sections I and 2, of the Englewood Municipal Code 2000, which shall read as follows: 5-3: ALCOHOLIC BEVERAGES 5-3-1: Definitions. As used in this Chapter, the following words and phrases sball have the following meanings : 3.2% Beer : Direct or : Malt li1111er 119 herein cleltttN ee11teilliag net mere theft lhNe 1111cl twe te111h1 peree11t (3.2,,) ef eleehet It, weight er 49, ef eleehel It, ~ Sec Fcnncntcd Malt Beverages. herein . The Director of Finance . fermented Malt Beverages: Any beverages obtained by the fermentation of any infusion or decoction of barley, malt, bops or any similar product, or any combination thereof, in water, containing not more than three and two-tenths percent (3.2%) alcohol by weight or 4% of alcohol by ~- Intoxicating Liquor: Liberally construed to include intoxicating liquors of every kind and character which now are in use or which in the future may come into use as a beverage, no matter by what name they may be known or ca lled , and no matter how small the percentage of alcohol they may co ntain and no matter what other ingredients may be used in them . Malt liquors : Includes beer and shall be construed to mean any beverage obtained by the alcoholic fermentation of any infusion or dccoction of barley , malt, hops or any other similar products or any combination thereof in water, containing ll)O[C..1hm three and two-tenths percent (3 .2'1e) of alcohol by weight or 4% of alcohol by volume. Medicinal Liquors : Any liquor sold by a duly licensed pharmacist or dru& store solely on bona fide doctor's prescription . -5- .. .... t • • -- (J. Operator: A person licensed by law to sell malt, vinous or spirituous liquors, other than medicinal liquors, for beverage purposes at retail and who is engaged at any time during the calendar year in such operation within the City. Spirituous Liquors: Any alcoholic beverage obtained by distillation, mixed with water and other substances in solution, and includes among other things brandy, rum, whiskey, gin and every liquid or solid, patented or not, containing alcohol and which are fit for use for beverage purposes. Aiw containing 1/2 of 1% a!cohol. by volume. Any liquid or solid containing beer or wine in combination with any other liquor except as above provided shall not be construed to be malt or vinous liquors, but shall be construed to be spirituous liquor. Vinous Liquors: Includes wine and fortified wines containing 1/2 of 1% alcohol • by volume but not exceeding twenty one percent (21 %) of alcohol by volume and shall be construed to mean alcoholic beverages obtained by the fermentation of the natural sugar contents of fruits or other agricultural product containing sugar. 5-3-2: Licenses Required. No person shall manufacture for sale or gift, sell or keep for sale. or permit another to keep for sale or sell. any intoxicating liquor, beer, malt liquor or wine, on any premises owned or controlled by fttlft the person. without a duly issued license therefor. Section 9. The City Council of the City of Englewood, Colorado hereby amends Title 5, Chapter 3A. Sections 4 and 7, of the Englewood Municipal Code 2000, which shall read as follows: ARTICLE JA. LOCAL LIQUOR LICENSING AUTHORITY. 5-JA-4: Appearance Before tbe Llcea1l•1 A•t•orlty. The City Attorney's office shall be the legal advisor to the Licensing Authority and shall represent provide representation for the Licensing Authority and the City in all proceedings before the Licensing Authority and in all couns where any decision of the Licensing Authority is appealed. 5-5-JA-7: License Renewal. ' A . All renewal applications for malt, vinous and spirituous liquor licenses and fermented malt beverage licenses shall be submitted to the City Clerk on the prescribed forms no later than forty-five (45) days prior to the date on which the license expires . The forms shall be accompanied by all the required fees and such additional materials as the Authority deems necessary to carry out the provisions of the Colorado Liquor Code, this Article and all applicable regulations . No renewal application shall be accepted by the City Clerk which is not complete in every detail. Any applicauon mailed 10 or deposited with the City Clerk which, upon examination. i found 10 have some omission or error shall be returned 10 the applicant for completion or correction without any action on the pan of the ity Clerk or the Authority. Should any renewal applicauon be received m c ompleted form less than forty-five ( 45) Jays prior to the date on which the lic e n e expires, it hall be deemed a late application . The Autboruy shall not be -6- t • • • answerable for the failure of a license to issue by the expiration date on any late application. Nothing in this Section shall serve as authority for any sale at retail of alcoholic liquor without a license pursuant to law . B. Upon receiving the completed renewal application, the City Clerk shall assemble the file of the applicant and forward the application and file to the Licensing Authority for its action. C. If there is evidence that the licensee should not have his/her license renewed for an additional period of one year, the City Clerk shall cause to be issued a notice of intention to revoke and/or suspend the license, which notice he/she shall cause to be served upon the licensee after the filing of application for renewal. D . Renewal Of Expired License: I . A licensee whose license has expired for not more than ninety (90) days may file a late renewal application upon the payment of a nonrefundable late application fee of five hundred dollars ($500.00) eaeh le the Stele Bft8 !g the City of Englewood. A licensee who files a late renewal application 2 . and pays the requisite fees may continue to operate until both the State and the City of Englewood have tal..~n final action to approve or deny the late renewal application . A late renewal application will not be accepted more than ninety (90) days after the expiration of a licensee's permanent annual license. If more than ninety (90) days have elapsed since the expiration of a permanent annual license, the licensee must apply for a new license pursuant to C.R.S . and shall not sell or possess for sale any alcohol beverage until all required licenses have been obtained. Section 10 . Sit®' ('~ The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public .convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Sec tion I 1. Severabj)jty . If any clause , sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reas on be adjudged by a court of competent jurisdiction invalid, such judgment shall not a fTec t. impair or invalidate the remainder of this Ordinance or it application to oth er persons or c ircumstances . Sec ti on 12. Incons is tent Ordinances . All other Ordinances or portions thereof in consistent or conflicting with this Ordinance or any portion hereof arc hereby repea led to th e ex 1ent of such inconsistency or conflict. Sec tion 13 . Effec t of repeal or modjficatjon . The repeal or modification of any prov1 io n of 1he Code of th e City of Engl ewood by this Ordinance shall not release, ex tinguis h, a lt er, modify, or change in whole or in part any penalty, forfeiture , or liabi lity, ei th er civi l or criminal , wh ic h shall have been incurred under such provision , -7- ;• t ... • • 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. Sectjon 14 . ..felwb'.. The Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the __ day of ____ , 2002. Published as a Bill for an Ordinance 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 a Bill for an Ordinance, introduced, read in full , and passed on first reading on the __ day of 2002 . Loucrisbia A. Ellis -8- • COUNCIL COMMUNICATION r Date Agenda Item Subject A bill for an ordinance adopting December 16, 2002 10a iii amendments to the City of Englewood NonEmergency Retirement Plan Document {the Planl Initiated By Staff Source City of Englewood, Finance and Administrative ' Frank Gryglewicz, Director Service Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council passed Ordinance 40, Series of 1999, amending Tide 3, Chapter 6, pertaining to the City of Englewood NonEmergency Retirement Plan Amendment RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance does not substantially change the current level of pension benefits for the NonEmergency Retirement Plan participants. The ordinance provides the Internal Revenue Service's (IRS) required changes to the Plan .' The Plan document is amended to comply with federal requirements. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Proposed b ill for an ordinance ORDrNANCE NO. SERI ES OF 2002 BY AUTHORITY A81LL181t. OOUNt'I[. BILL NO. 73 f INTRODUCED BY COUN~IL MBMBllll _____ _ f AN ORDINANCE AMENDING TITLE 3, CHAPTER 4, SECTIONS 2, 7, AND 17, OF THE ENGLEWOOD MUNICIPAL CODE 2000, TO MAKE CHANGES TO ENGLEWOOD NONEMERGENCY RETIREMENT PLAN DOCUMENT (THE PLAN) AS REQUIRED BY THE rNTERNAL REVENUE SERVICE. WHEREAS, City Council previously amended Title 3, Chapter 6, of the Englewood Municipal Code 2000; and WHEREAS, because of new requirements by the Internal Revenue Service, more changes are required to conform to the federal requirements. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section I. Title 3, Chapter 4, Section 2, Subsection 2.C.3.b. of the Englewood Municipal Code 2000, is hereby changed by adding the following at the end of the Subsection: In the case of distribution with aoouity starting dates on or after December 3 J, 2002, the mortality table used to adjust any benefit or limitation under Code Section 41SfbX2}fB}, <q, or <mas set forth in Section 3:4-16-3 of The Plan is the table prescribed by Rev Rul 2QOHi2, Section 2. Title 3, Chapter 4, Section 2, Subsection 2.1, of the Englewood Municipal Code 2000, is hereby amended by adding the following sentence at the end of the Subsection : For purposes of calculating Compensation on or after January, l, 2002 the limitation under Code Section 4QJ(a}()7} is increased to $200.QQO. as adjusted Section 3. Title 3, Chapter 4, Section 16, Subsection 3.A .6, of the Englewood Municipal Code 2000, is changed to read as follows: The limitations of this Section apply to a straight life annuity with no ancillary benefits and to an annuity that constitutes a qualified joint and survivor aMuity, provided payment begins between ages sixty-two (62) and sixty-five (65). If pay111e111 ee111111e11He aefeN a1e 1i1tty h. e EU), Ill• feregei111 li111itetie11s shall •• rea11eea 18 lhel lh1y .,, A.e'-'ially &ti11i, al•• le siteh a ae11elit eelllftle11ei111 al •1• 1i1tty IWe E6;). Hew 1 ,.,, Ille ,allll11ie11 ef this pa,ag,aph shall 11et N&11ee the li111illli811 aelew se¥111-, Ii% 1 lhn1111a · l · t • • -- • ·(J. delle,s (S7S ,QQQ.9Q), if peymeRt eeRlffteRees eAer age ltAy lt'le (SS), er helew lhe Aetlterial Ett1ti'laleRt ef se Jeftt) H ,e the1ts&11d dellers (S7S,Q9Q.99) ee111111eReiRg at age ltfty lt,·e (SS), er helew tile Aelltal'ial Ett1ti'laleRt ef se·teRty live the1tS&Rd dellan (S7S,909.9Q) ee111rRe11ei11g at age ltA) It ,e if paymeRt ee111111eRees ). For benefits paid after December 31. 200 L if the annual benefit of the Participant commences before the Participant's age 62. the foregoing limitation shall be reduced for each month by which benefits commence before the month in which the Participant attains age 62. The annual benefit limitation beginning prior to age 62 shall be detennined as the lesser of the equivalent annual benefit computed usiug the Plan's interest rate and monality table <or other tabulv factotj equivalence for evly retirement benefits and the equivalent annual benefit computed using a five percent interest rate and the applicable mortality table as prescribed by Rev, Rut 2001- 62. Any decrease in the adjusted defined benefit dollar limitation determined in accordance with this provision shall not reflect any monality decrement to the extent that benefits will not be forfeited upon the death of the Participant. If payment commences after age sixty-five (65), the limitation shall be the Actuarial Equivalent of a ninety thousand dollar ($90,000.00) annual benefit commencing at age sixty-five (65). The interest rate assumption for purposes of detennining Actuarial Equivalency under this paragraph shall be the interest rate otherwise used for purposes of computing optional forms of income payable under the Plan, but the rate shall not be less than five percent (5%) annually if benefits commence before age sixty-five (65) and shall not exceed five percent (5%) annually if benefits commence after age sixty-five (65) Section 4. Title 3, Chapter 4, Section 17, Subsection 3-8.1, Englewood Municipal Code 2002, is hereby amended by adding the following at the end of Eligible Rollover Distribution: For distributions on or after Janiwx l 2002. a oonion of the distribution shall not fail to be an eligible rollover distribution merely because the portion consists of after-Wt employ" contributions which are not includible in gross income. However, such ponion may be paid only to an individual retirement account or annuity described in Section 408la) or Cb) of the Code or to a qualified defined contribution plan described in Section 40Ua} or 403la} of the Code that agrees to sq,arately account for amounts so transferred. including separately accounting for the portion of such distribution which is iucludible in gross income and the ponion of such distribution which is not so includib!e. Section 5. Title 3, Chapter 4, Section 17, Subsection 3-8.2, Englewood Municipal Code 2002, is hereby amended by addina the followina at the end of Subsection 3.8.2. Eligible Retirement I Ian : Effective January I, 2002. an eligible mimnent plan shall also mpo an annuity contract described in Code Section 4031b} and an eli1iblc plan under -2- .. • • •• h t .. • • - • - Code Section 457(b} which is maintained by a state. political subdivision of a state or agency or instrumentality of a state or political subdivision of a state .and which agrees to separately account for amounts transferred into such plan from this Plan. The definition of eligible retirement plan shan also apply in the case of a distcibution to a surviving spouse. or to a spouse or former spouse who is the alternate payee under a qualified domestic relation order as defined in Code Section 414(p}. Section 6. Title 3, Chapter 4, Section 7, Subsection 8.M .6, of the Englewood Municipal Code 2002, is hereby amended to read as follows: 3-4-7: Retirement Benefits 8: Deferred Retirement Option Plan (DROP). M . Form of Payment . 6. Combination of Lump Sum and Periodic Payments. An initial lump sum payment of an amount designated by the retiree, followed by a designation of a number of subsequent monthly payments or an amount payable on a monthly basis. ReglNlless ef lhe fePffl ef pa) 111e11t lhe retiree eheese,, lhe 111ifttffl-distl'il,11tie11 -•11111 will 1,e deteP111i11ed IIINI macle i11 aeeeNlallee wilh Cede Seetie11 491 ~ (9), aad lhe ,eplatiens therelllllier, illellldi11g 111ini11111111 di!lll'il,11tie11 iaeide11181 death he11et'tt ret111ire111e11t ef prapesetl lllte,aal Re• 111111 Cade Replatie11 Seetie11 I. 49 I (a)(9)i!, {1,111,lished ill lhe Federal Register e11 J11ly i!::Z, 198::Z). The 111i11illl-di1tri1111tie11 is reeale11lated -•lly e11 the l,a1i1 ef the life e1tpeeta11e, ef the reti,ee Md the retiree's desigaated ll811etiei8P), if applieallle. If eleetetl i11 ,m1i11g hefe,e lhe ,e~11UN llelHlllinl Mte _., £ede Seetie11 49 I (8)(9), 11, the retiree, -~er the retiree's 1p11111e, if 1pplieallle, the life e11peeta11e, ef the ,etiree •~er the retiree's sp11111e shall lie reeafe11lated -•lly. Distributions shall ·!>e made in accordance with the requirements of regulations under Code Section 4QJ<aX9}. including minimum incidental death benefit requirements of those regulations . Section 7. Safety Clauses. The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health , safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council funher determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . -3- t ... ·' .. • • Scctjop 8. Severabjljty If any clause, sentence, paragraph, or part of this Ord inance or the application thereof to any pcnon or circumstances shall for any n.ason be adjudged by a court of competent jurisdiction invalid, such judpncnt shall not affect, impair or invalidate the remainder of this Ordinance or it application to other person s r circumstances. Section 9. lpcopsjstent QrdiPfoces, AU other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof arc hereby repealed to the extent of such inconsistency or conflict. Scc;tjop JO. Effect of repeal or mpdjficatiop The rcpca1 or modification of any provision of the Code of the City of Eqlewood by this Ordinance shall not rcleue, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, whicb sball bave been incumd 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 u for the purpose of sustaining any judgment, decree, or order wbicb can or may be rendered, entered, or made in sucb actions, suits, proceedings, or prosecutions. Scc;tiop 11 holbx. Tbc Penalty Provision of Section 1-4-1 EMC shall apply to each and every violation of this Ordinance . Introduced, read in full and passed on first reading on the 161• day of December, 2002. Published u a Bill for an Ordinance on the 20'• day of December, 2002. Beverly J. Bndlbaw, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of tbc City of Enalewood, Colorado, benby certify that the above and foreaoing is a true copy of a Bill for an Ordinaacc, ialn>duced, read in full , and passed on first rcadina on tbc 16'• day of December, 2002 . Loucrisbia A. Ellis -4- , \ '. COUNCIL COMMUNICATION ~ Date Agenda Item Subject December 16, 2002 10 a iv Ordinance adopting amendments to the City of Englewood Firefighters Pension Plan Document (the Plan) Initiated By Staff Source City of Englewood, Finance and Administrative Frank Gryglewicz, Director Services Deoartment COUNCIL GOAL AND PRMOUS COUNCIL ACTION The City Council passed Ordinance 46, Series of 1999, adopting an amended City of Englewood Firefi ghters Pension Plan document RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIAED This ordinance does not substantially change the current level of pension benefits for the Firefighters Pension Plan participants. The ordinance make,s changes required by the Internal Revenue Service (IRS). The Pla n doc ument is amended to comply with federal requirements. FINANCIAL IMPACT None. LIST OF ATTACHMENTS Proposed ordinance. • • BY AUTHORITY ORDINANCE NO._ SERIES OF 2002 • CQU!ICIUHLL NO. 74 :=1CED BY COUNCIL , AN ORDINANCE ADOPTING AMENDMENTS TO TifE CITY OF ENGLEWOOD FIREFIGHTERS PENSION PLAN DOCUMENT (TifE PLAN). WHEREAS, the City of Englewood (the "Employer") es1ablished the City of Englewood Firefighters Pension Plan (the "Plan") effective as amended and res1ated Janwuy I, 1999; and WHEREAS, pursuant to Article Xlll of the Plan, the Employer has the authority to amend the Plan, subject to the consent of at least sixty-five percent (65%) of the active Participants at the time of the amendment; and WHEREAS, all of the active Panicipants al the time of the amendment voted in favor; and WHEREAS. the City of Englewood deems it advisable to amend the Plan to comply with the tax law changes from the Economic Growth and Tu Relief Reconciliation Act of 200 I (EGTRRA). NOW, THEREFORE. BE IT ORDAINED BY TifE CITY COUNCIL OF TifE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS : Scctjop 1. City Council hereby adopts the amendments to the City of Englewood Firefighten Pension Plan effective January I, 2002, to read as follows: e. Comwosatioo· All base pay (as defined in the City of Enalcwood's Penonnel Policy and Procedures) received by the Panicipant for bis Covemt Employment, including longevity pay, holiday pay, sick pay, and vacation pay taken in the nonnal course of employment, and shift differential, but Compensation shall exclude compensation for overtime (or compensation in lieu of overtime required under the Fair Labor Standards Act), clothing allowance, lump-sum amounts paid in lieu of accumulated vacation, holidays, and sick leave, and compensation imputed as a result of the Participant's use of 1 tie Employer's automobile . A Participant's Compensation shall include any amounts deferred as to such Participant under Code Section 12S, GNI S111i• 132(1)(4), 4S7 or 1111ller Ge• S111i• or 414(b), eitcept to the extent such amount would be excluded under the immediately precedina SCDICDCe. Compen ation taken into account under the Plan shall not exceed $200,000, adju ted for chanaes in the cost of livina as provided in Code Sectioo 41S(d), for the purpose of calculatina a Participant's Accrued Pension (includina the right to any optional benefit provided under the Plan) for any Plan Year commencing after December 31, 1983 . In add111on to other applicable limitations let forth in the Plan, and notwithstanding any 01her provision of the Plan 10 the con1nry, for Plan -1- t .. • • Years beginning on or after January 1, 1996, the annual compensation of each "noneligible Panicipant" taken into account under the Plan shall not exceed the OBRA '93 annual compensation limit. The OBRA '93 annual compensation limit is SI S0,000, as adjusted by the Commissioner for increases in the cost of living in accordance with Code Section 401{a)(17)(B). fl2r..fliD Years beginning on or after January I, 2002. the annual compensation of each "Noneligible Participant" taken into account under the Plan shall not exceed s200.ooo. as indexed for cost-of-living increases in accordance with Code Section 40 Ha)<l7)<B}. The cost-of-living adjustment in effect for a calendar year applies to any period, not exceeding 12 months, over which compensation is determined {determination period) beginning in such calendar year. If a determination period consists of fewer than 12 months, the OBRA '93 annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which is 12 . A "Noneligible Panicipant" is any Panicipant who first became a Panicipant in the Plan during a Plan Year beginning on or after January 1, 1996. E ffective January I, 1989, through December 31 , 1996, in deiermining the Compensation of a Participant for purposes of this limitation, the rules of Code Section 414(q)(6) shall apply, except in applying such rules, the lerm "family" shall include only the spouse of the Participant 1111d any lineal descendants of the Participant who have not attained age 19 befon: the close of the year, effective January I, 1989 through December 31 , 1996, if, as a result of the application of such rules the adjusied annual Compensation limitation is exceeded then the limitation shall be prorated among the affected individuals in proportion to each such individual's Compensalion as determined under this Section prior to the application of this limitation. 2 . Anicle XI. Special Goyenunental Requirements , Section l .a.{1) shall be amended in its entirety to read u follows: Section I Maximum Annual Benefit Under Code Section 415: Notwithstanding any other provision contained herein to the contrary, the benefits payable to a Panicipant from this Plan shall be subject to the limitations of Code Section 41 S in accordance with a. and b. below : a . Defined Benefit PJanCs} Only : Any annual Pension payahle to a Panicipant hereunder (including any annual Pension paid to such Panicipant from another defined benefit plan of the Employer) shall not exceed the lesser of: (I) ~ One Hundred Sixty Thousand Dollars (599,QQQ) (S 160,000) or, if greater, the amount of straight life, or qualified joint and survivor annuity accrued by the Panicipant as of the last day of the Limitation Year beginning in 1982, with the~Onc Hundred Sixty Thousand Dollars (~) $160,000) amount adjusted for increases in the cost oflivina, u prescribed by the Secretary of the Treasury or his delepte, effective January 1 o f each calendar year and applicable to the Limitation Year endina with or with in such calendar year, or -2- t .. .. • • 3. ARTICLE xv. DIRECT ROLLOVERS, Section 2.b., Eljgjble Rctjrcment elm. shall be revised in its entirety to read as follows: b. Eligible Retirement Plan: An Eligible Retirement Plan is an individual retirement account described in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), and annuity plan described in Code Section 403( a), er, a qualified trust described in Code Section 401(a) lhet aeeepll an annuity contract described in Code Section 4Q3lb}, or an eligible plan under Code Section 4S7lb} which is majntajned by a state, political subdjyjsjon of a state or any agency or i.nstrumeotaiity of a state or political subdivision of a state and which a.mes to separately account for amounts transferred into such plan from this Plan. For the purposes of Direct Rollovers, Eligible Retirement Plans include only those that wjll accept the Disttibutee's Eligible Rollover Distribution. He .. uer, ia the ease er an ~li1ihl1 Rell8'1er Qi91Pil1111iea te the 9Ufll. i, ing ,pe11Se, M ~lisihle Relireme11t Plan ia an i1uli•1idllel retiN1111M aeea1111t er HldiYidll&I NliNIRIRI HIH:li.,. Scctjon 2. The Mayor and City Clerk are authorized to sign and attest the Amendments to the City of Englewood Firefighters Pension Plan Document. · Introduced, read in full and passed on first reading on the 16th day of December, 2002. Published as a Bill for an Ordinance on the 20•h day of December, 2002. ATTEST: Beverly J. B~w. Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of lhe City of Englewood, Colorado, hereby cenify tlw lhe above and foregoing is a true copy of a Bill for an Ordinance, inll'Oduced. read in full. and passed on first reading on the 16" day of December, 2002. Loucrisbia A. Ellis -3- COUNCIL COMMUNICATION Date Agenda Item Subject December 16, 2002 10 a V Ordinance adopting amendments to the City of Englewood Police Officers Pension Plan Document (the Plan) Initiated By Staff Source City of Englewood, Administrative Services Frank Gryglewlcz, Director Deoartment .. COUNCIL GOAL AND PRMOUS COUNCIL ACDON The City Council passed Ordinance 47, Series of 1999, adopting an amended City of Englewood Police Officers Pension Plan document. RECOMMENDED ACTION Staff recommends the City Council approve the attached blD for an ordinance. BACl<GROUND, ANALYSIS, AND ALTERNATIVES IDENTIRED This ordinance does not substantially change the current level of pension benefits for lhe Police Officers Pension Plan participants. The ordinance makes changes required by the Internal Revenue Service (IRS). The Plan document is amended to comply with federal requirements. FINANCIAL IMPACT None. UST OF ATTACHMENTS Proposed ordinance. ORDINANCE NO. SERIES OF 2002 BY AUTHORITY , AN ORDINANCE ADOPTING AMENDMENTS TO THE CITY OF ENGLEWOOD POLICE OFFICERS PENSION PLAN DOCUMENT (THE PLAN). WHEREAS, City Council previously adopted an amended City of Englewood Police Officers Pension Plan by Ordinance 47, Series of 1999; and WHEREAS, certain other amendments arc necessary to meet requirements by the Internal Revenue Service. WHEREAS, the City of Englewood (the "Employer) established the City of Englewood Police Pension Plan ("Pension Plan"), effective as amended and restated January I, 1999; and WHEREAS, pursuant to Article XIII of the Plan, the Employer has the authority to amend the Plan, subject to the consent of at least sixty-five percent (65%) of the active Participants at the time of the amendment; and WHEREAS, all of the active Participants have consented to the am~ts; and WHEREAS, the City of Englewood deems it advisable to amend the Plan to comply with the tax law changes from the Economic Growth and Tax Relief Reconciliation Act of2001 (EGTRRA). NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I . City Council hereby adopts the amendments to the City of Englewood Police Officers Pension Plan effective January I , 2002, to read as follows: THIRD AMENDMENT TO THE CITY OF ENGLEWOOD POLICE PENSION PLAN As Amended and Restated, Effective January I, 1999 The Plan is hereby amended, effective January I, 2002 u follows : I. ARTICLE I. PURPOSE AND DEFINITIONS, Section 2 .e. Compensation shall be amended in its entirety to read as follows : • • e . Compensation : All base pay (as defined in the City of Englewood's Personnel Policy and Procedures) received by the Participant for his Covered Employment, including longevity pay, holiday pay, sick pay, and vacation pay taken in the normal course of employment, and shift differential, but Compensation shall exclude compensation for overtime (or compensation in lieu of overtime required under the Fair Labor Standards Act), clothing allowance, lump-sum amounts paid in lieu of accumulated vacation, holidays, and sick leave, and compensation imputed as a result of the Participant's use of the Employer's automobile. A Participant's Compensation shall include any amounts deferred as to such Participant under Code Section 125, Cede See1ie11 132(Q(4) 457 or 111M1er Cede S111ie114l4(h), except to the extent such amounts would be excluded under the immediately preceding sentence. Compensation taken into account under the Plan shall not exceed $200,000, adjusted for changes in the cost of living as provided in Code Section 41 5( d), for the purpose of calculating a Participant• s Accrued Pension ( including the right to any optional benefit provided under the Plan) for any Plan Year commencing after December 31, 1983. Un addition to other applicable limitations set forth in the Plan. and notwithstandin& any other provision of the Plan to the conttary, for Plan Years beginning on or after January I, 1996, the annual compensation of each "Noneligible Participant" taken into account under the Plan shall not exceed the OBRA '93 annual compensation limit. The OBRA '93 annual compensation limit is SI 50,000, as adjusted by the Commissioner for increases in the cost of living in accordance with Code Section 401(a)(l7)(8). f9( Plan Years J>egjppjQ8 op or 10sllo1WY I 2002 llac appyal COPJPFPMtiou gf s;ach ~Nqpctisihls Participant" swo iPIR aecgypt ,,.,. thg Plan mall not sxc"d $200 000 u iu4cxcst for cos1:of-livins iPFDillEI io IFE9DMPSC with Cqds $csti90 4QJC1XIZ>@l The cost-of-living adjustment in effect for a calendar year applies to any period. not exc:ecdina 12 months, over which compensation is determined (determination period) bqinnina in such calendar year . lf a determination period consists of fewer than 12 months, the OBRA '93 annual compensation limit will be multiplied by a fraction, the numerator of which is the number of months in the determination period, and the denominator of which i1 12. A "Noneligible Participant" is any Participant who first became a Participant in the Plan during a Plan Year beginning on or after January I, 1996. Effective January I, 1989 through December 31, 1996, in determining the Compensation of a Participant for purposes of this limitation, the rules of Code Section 414(q)(6) shall apply, except in applying such rules, the term "family" shall include only the spouse oftbe Participant and any lineal descendants of the Participant who have not attained age 19 before the close of the year, effective January I, 189 through December 31 , 1996, if, as a result of the application of such rules the adjusted annual Compensation limitation is exceeded then the limitation shall be prorated among the affected individuals in proportion to each such individual's Compensation as determined under this Section prior to the application of this limitation. 2. ARTICLE XI. Specjal Governmental Requjrqnents, Section l.a.(I) shall be amended in its entirety to read as follows : SeCll on I. Maximum Aooual Qrnefi1 Under Code Section 4 l 5: Notwithstandina any odier pro\'1 10n contained herein to the conttary, the benefits payable to a Participant &om Ibis Plan h II be subject to the limitations of Code Section 415 in accordance with a. and b. below : t .. .. • • a. Defined Benefit Planls} Only: Any annual Pension payable to a Panicipant hereuniier (including any annual Pension paid to such Panicipant from another defmed benefit plan of the Employer) shall not exceed the lesser of: (I) ~ Thousand (590,QQQ} Dollars ($160,000) amount adjusted for increases in the cost of living, u prescribed by the Secretary of the Treasury or his delegate, effective January I of each calendar year and applicable to the Limitation Year ending with or within such calendar year, or 3. ARTICLE XV . DIRECT ROLLOVERS, Section 2.b., Eligible Retirement Plan. shall be revised in its entirety to read as follows: b. Eligible Retio;menl Pian: An Eligible Retirement Plan is an individual retirement account descn'bed in Code Section 408(a), an individual retirement annuity described in Code Section 408(b), an annuity plan described in Code Section 403(a), e, a qualified trust described in Code Section 401(a), lhlll MUpll ap appyjty 59PTPSS dggjbgl jp Cpdc Sectigp 403{b), or a cJi1ibk pip lnkr 9* §sstism 45700 whic;h it 'PliDllF hy a state PPlitiel 5ybdiyj1ipp of I ll&o W IPY IRSPSX W PWDMPFPlllitv Pf I MF SI ppljtjql subdixiaiPP of a MF IP4 which ISRSI lA IP'IP!Sbr IFS9YPJ for NPAYPII IPPVFRF4 iptp WEh PIIP &pm Jhia fl:IP fw "'5 PHPl9ISI o( PiRfiJ Be11°YSP: EJimhlc BssifSmspg PllPI iPFJwls op1y those that wjll &FPS the Distributce's Eligible Rollover Distribution. New~•. illl lh1 w, afm ~li1ihl1 Ralle u • Di111i11111i1a 18 lhe 111Mt ... .,,1111 1 • iliailll1 R.elir-.1111 PIM ii • i11diviMI NIU'8lllllll aaealllll er ialli, i._. ....... 1a11111Nity. ~. The Mayor and City Clerk -are authori7.ed to sip wl attest the Amen@llents to the city of Englewood Police Officen Pension Plan Document. Introduced, read iii. full and passed on finl readin& on die 16• day of December, 2002 . Published as a Bill for an Ordinance on the 2fl' day of December, 2002 . Beverly J. Bradshaw, Mayor AlTEST : Lo ucrishia A. Elli s, C ity Clerk I, Loucri shi a A. Ellis, City Clerk oftbe City ofEnpwoocl, Colorado, hereby C911ify dial die abo ve and forcgoina is a true copy of a Bill for an Ordinance, inlJoduced. read ill 6all, and puled on first reading on the t 6• day of December 2002 . Loucrisbia A . Ellis • t • • couNqL COMMUNICATION DATE: AGENDAmM SUBJECT: Transfer of City December 16, 2002 10 a vi property to the Englewood Environmental Foundation INmATEDBY: STAFF SOURCE: Robert Simpson & Rick Englewood Environmental Foundation Kahm, Englewood Environmental Foundation PREVIOUS COUNCIL ACTION: In 1997, City Council authorized the creation of the Englewood Environmental Foundation as a nonprofit development corporation to further the redevelopment of the Cinderella City site. On September 4, 2001 City Council adopted Ordinance No. 51, Series of 2001, which transferred the former City Hall property to the Englewood Environmental Foundation to facilitate redevelopment. RECOMMENDED ACTION; Staff recommends that City Council approve the Ordinance transferring the property known as parcel 2 located immediately north of Englewood Parkway between South Cherokee Street and South Elati Street to the Englewood Environmental Foundation thus enabling the Foundation to complete the development of the former City Hall site. BACKGROUND AND ANAL)'.SIS; The construction of Englewood Parkway from South Cherokee Street to South Elati Street resulted in the creation of a residual parcel immediately north of the Parkway. This parcel containing 30,975 square feet, offers few development possibilities by itself. The most appropriate use is pa,tdng either in conjunction with the former City Hall site or as additional parkinR for the Plwmor site. The owners of the Pharmor site have indicated that they have no interest in this property. Fortunately, the proposed redevelopment of the former City Hall site is contingent upon the inclusion of Parcel 2 for additional parking. Therefore it is now necessary to transfer the property to the Englewood Environmental Foundation so that the EEF complete this development. FINANCIAL IMPACT; There is no dir':!ct cost associated with this Ordinance. ATTACHMENTS: Bill for Ordinance Legal Description and Map BY AUTHORITY JCl 10 • INTRODUCED BY COUNCIL , -·· UTHORIZING THE TRANSFER OF PROPERTY KNOWN AS PARCEL 2 TEL Y NORTH OF ENGLEWOOD PARKWAY BETWEEN SOUTH AND SOUTH ELATI STREET TO ENGLEWOOD ENVIRONMENTAL ENABLE ITS COMPLETION OF THE DEVELOPMENT OF THE LSITE. WHEREAS, !he construction of Englewood Parkway from Soulh Cherokee Street to Soulh Elati Street resulted in the creation of a residual parcel immediately north of the Parkway; and WHEREAS. Ibis parcel, containing 30,975 square feet, offen few development poqibililies by itself; and WHEREAS, the most appropriate use is part.ins, either in conjunction wilh the former City Hall site or as additional parting for the Phannor site; and WHEREAS, the ownen of the Pharmor site have indicated that they have no interest in lhis property; and WHEREAS, the proposed redevelopment of the former City Hall site is contingent upon the inclusion of Parcel 2 for additional parting; and WHEREAS. ii is necessary IO transfer the property to the Englewood Environmental Foundation so that EEF may complete lhis development. NOW, THEREFORE. BE rr ORDAINED BY THE crry COUNCll. OF THE CITY OF ENGLEWOOD, COWRADO, THAT: ~-The City Council or the City or En11ewooc1. Colorado hereby llllhorizes the transfer of Parcel 2 localed immediuely north of EnsJewood Putway bClween South Cberoltee Street and Soulh Elati Street to the En1lewood Environmental Foundation, a copy of the parcel is u shown on attached "Exhibit I", IO the Englewood Environmental Foundation for redcve!opni:enl of the propeny ~-The Mayor and the City Clerk is hereby authorized to sip said documents for transfer on behalf of the City of Englewood, Colorado . Introduced . n,ad in full. and passed on ftnt readina on the 16111 day of December, 2002. -1- Published as a Bill for an Ordinanc:c on the 20ch day of December, 2002 . Beverly J. Bradshaw, Mayor ATTEST: Louc:rishia A. Ellis, City Cleric I, 1..oucrishia A. Ellis, City Clerk of the City of Eapwood, Colorado, hereby certify Iha! die above and foregoing is a lnlC copy of a Bill for an Ordinance, inlroduccd, read in full, and pwcd on ftn1 readin1 on the 16• day of Dcc:cmbcr, 2002. Loucrilhia A. Elli1 -2- A PARCEL LOCA TEO IN THE SOU11fWEST QUARTER (SW 'A) OF SECTION 34, TOWNSHIP 4 SOU11f, RANGE 68 WEST, SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, ST A TE OF COLORADO MORE PARTICULARLY DESCRIBED AS FOLLOWS: LEGAL DEscRIPTJON BASIS Of BEAJUNQS BEARINGS AJtE BASED ON TH E LINE OF THE E ~ SE 'A, SW 1.4, SW 'A SEC 34 BEINO S 00" 05' 12" WAS DEFINED BY A 2" ALUM. CAP LS. IU.EOIBLE (NORTH) AND A 1 IIJ" CAP LS. 12083 (SOU11f) AS DEFINED ON THE cm OF ENGLEWOOD SURVEY OF SAID SECTION 34 ON FILE WITH THE CITY, DA TED SEPTEMBER 1980. COMMENCING AT THE N.E. CORNER OF THE SE 1.4, SW 1.4, SW 'A OF SAID SECTION 34; THENCE N 89° 33' SO" E 211.29 FEET TO THE TRUE POINT OF BEOINNINO, BEING A POINT ON THE NOR11f LINE OF ENGLEWOOD PARKWAY; THENCE ALONG THE NORTif LINE OF SAID ENGLEWOOD PARKWA y N 89° so· 22" W 460.97 PEET: THENCE ALONG THE ARC OF A CURVE TO THE RJOHT HA VINO A RADIUS OF 47 .00', A CENTRAL ANGLE OF51° 31' 23", A LENGTH OF42.26 FEET ANDACHORDBEARINGN 64°04' 4l"W 40.85 FEET; THENCE N 38° 18' 59" W 20.00 FEE:!'; THENCE ALONG THE ARC OF A CURVE TO THE RJOHT HAVING A RADIUS OF 80.00 FEET. A CENTRAL ANGLE OF 6° 52'33". A LENGTH OF 9.60 FEET AND A CHORD BEARING N 34° 52' 42" W 9.59 FEET; THENCE N 700 18' SI" E 31.SO FEET: THENCE ALONG THE ARC OF A CURVE TO THE LEFT HAVINO RADIUS OF l 75.00 FEET, A CENTRAL ANGLE OF 2°42' 13", A LENGTH OF 8.26 FEET ANDACHORDBEARINON 49° 15' 41" E 8.26 FEET10THESOUTH UNEOF W. GIRARD AVE.; THENCE S 89° SO' 22" E 534.06 FEET ALONG THE SAID SOUTH LINE OF W. GIRARD A VE.; THENCE ALONG THE NORTH LINE OF ENGLEWOOD PARKWAY THE FOLLOWING FOUR COURSES: S 00" 09' 38" W 6.28 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HA VINO A RADIUS OF 45.00, A CENTRAL ANOU! OF 60° 00' 00", A LENGTH OF 47.12 FEE:!' AND A CHORD BEARINGS 30" 09' 38" W 45.00 FEET; THENCE S 600 09' 3~" W 13.52 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HA VINO A RADIUS OF 40.00 FEET, A CENTRAL ANGLE OF 30° 00' 00", A LENGTH OF 20. 94 FEET AND A CHORD BEARING S 75° 09' 38" W 20. 71 FEET TO THE TRUE POINT OF BEGINNING. PARCEL CONTAINS 30,975 SQ . FT. MORE OR LESS . t SHEET 1 Of 2 SHEETS ~ .... PHAR MOR YICINITY IIAP PARKING LOT N.T.S. I L ,_ ....._ 0 --.J 0, :,c u 0 .J m ) ~ :> m 7 (0 :, lO -(X) m ,_ i:: <{ w Ll w -ci I! ~ VI McKINLEY'S SUBDIVISIO • ~ z I= ":' u ~~I I II) I I ~ ) z 2N FILING 0 w ti • -.:= w j!: ~ I w -Q_ $! :,c a~sis or a~, 0 3 w 0:: u VI I u, .., ... I[--w l:l So Q SW 1/4 SW 1/ a::: . 'IION 11ArALw J I ~~ Cl# LS. 12m, ) r-,1 A702t417 i! lNCUWOOO SU ) ""iiJ ~ Ort. DAICD 91 • . ID ~i . .., J 1.-., J ' N I I • ' , .. -j 0 I • s ...J I 0, . • , 8 I • , .J a> • COUNCIL COMMUNICATION DATE: AGENDAITTM SUBJECT: Right-of-Way dedication, December 16, 2002 10 a vii Englewood Parkway and NE corner of S. Elati St at West Hampden Place ~ INmATEDBY: STAFF SOURCE: Department of Public Works Rick Kahm, Capital Projects Director e1ooous COUNCIL ACTION; On September 4, 2001 City Council adopted Ordinance No. 51, Series of 2001, which transferred the former City Hall property to the Englewood Environmental Foundation (EEFI) to facilitate redevelopment. Staff discussed this Right-of-Way dedication at the October 17, 2002 Council Study Session. RECOMMENDED ACTION; Staff recommends that City Council approve an Ordinance dedicating as Public Right-of-Way the Englewood Parkway from S. Elati St to Cherokee St. and a triangular piece of property at the Northeast Corner of S. Elati St at West Hampden Place. BACKGROUND AND ANALYSIS; The CityCenter Master Plan, prepared in early 1999, including e>dending the Englewood Parkway between S. Elati St and Cherokee St and constructing a roundabout at the Cherokee/Parkway intersection. The alignment established in the Master Plan confonned with City Council's direction to align the Parkway from the Broadway intersection to the Civic Center. This alignment required the purchase of four parcels of privately held property and the use of a portion of the parking lot that served the old City Hall property at 3400 S. Elati St Construction of the roadway portion of the Parkway was completed in November, 2000. undscaping. lighting. and miscellaneous construction were completed in 2001 /2002. In general, the proposed Right-of.Way line is two feet behind the sidewalk. This proposed Ordinance will officially dedicate as Right-of.Way that portion of th e City ow ned property. The l a nd Survey Plat prepared to transfer the portion of the 3400 S. Elati St property to the EEFI di scovered that a portion of the curb and sidewalk at the Southwest comer of the property was not locate d wi th in the existing Right-of-Way. The City and EEFI desired to correct this before transfer of th e property . Thi s proposed Ordinance will dedicate this small triangle of City owned land as Public Ri ght-of-Way FINANCIAL IMPACT; The re is no direct c ost associated with this Ordinanc e . ATTACHMENTS; Pr o pose d Ordinance Locatio n Ma p Engle\, ood Pa rk way Legal Desc ription Ela ti / Ha mpden Pla ce Legal Desc ription • • BY AUTHORITY CE DEDICATING THE ENGLEWOOD PARK.WAY FROM S. ELA TI ST. TO AND A TRIANGULAR PIECE OF PROPERTY AT THE NORTHEAST S. ELATI ST. AT WEST HAMPDEN PLACE AS PUBLIC RIGHT-OF-WAY . WHEREAS, the CityCenter Master Plan, prepared in early 1999, included extending the Englewood Parkway between S. Elati St. and Cherokee St. and constructing a roundabout at the Cherokee/Parkway intenection; and WHEREAS, the alignment established in the Master Plan conformed with City Council's direction to align the Parkway from the Broadway intersection to the Civic Center; and WHEREAS, this alignment required the purchase of four parcels of privately held property and the use of a portion of the parking lot that served the old City Hall property at 3400 S. Elati St; and WHEREAS, construction of the roadway portion of the Parkway was completed in November, 2000, and landscaping, lighting, and miscellaneous construction were completed in 2001/2002; and WHEREAS, this Ordinance will officially dedicate as right-of-way that portion of the City owned property described on the attached "Exhibit I". NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : ~-City Council of the City of Englewood, Colorado, bcn:by dedicates City- owned property for the right-of-way for Englewood Parkway as shown on attached "Exhibit I". ~-City Council of the City of Englewood, Colorado, hereby dedicates the triangular portion of the curb and sidewallt at the Southwest comer of the property at 3400 South Elati not now located in the exi sting right-of-way as public right-of-way as shown on attached "Exhibit I". ~-The Mayor and City Clerk are authorized to sign and attest the documents nec essary for these dedications of public right-of-way . Introduced , read in full , and passed on first reading on the 16111 day of December, 2002 . • t .. • • Published as a Bill for an Ordinance on the 20• day of December, 2002 . ATTEST: Beverly J. Bradshaw, Mayor Loucrishia A. Ellis, City Clerk I, Louaishia A. Ellis, City Ciak oflbe City of Englewood, Colorado, bercby cenify !hat the above and forcaoin& ii a true copy of a Bill for an Ordinance, inlroduccd, read in full, and passed on tint reading on lbe 16111 day ofDcccmbcr, 2002. Loucrishia A. Ellis (ENGLEWOOD PARKWAY) RIGIITCU' WAY A P.~RCEL LOCATED IN TiiE SOUTHWEST QUARTER (SW 11.J OF SECTION 34, TOWNSHIP 4 SOL'TH. RANGE 68 WEST. SIXTii PRINCIPAL :-.!ERIDIAN. CITY OF E'.'IGLEWOOD. CO UNTY OF ARAPAHOE. STATE OF COLORADO MORE PARTICCLARLY DESCRIBED AS FOLLOWS: BASIS QF BEARINGS BEARINGS ARE BASED ON Tii E LINE OF THE E ~ SE !4, SW !4, SW !4 SEC 34 BEINGS 00° 05' 12" WAS DEFINED BY A 2" ALUM. CAP LS. ILLEGIBLE (NORTH) AND A I l'J'' CAP LS. 12083 (SOUTH) AS DEANED ON THE CITY OF ENGLEWOOD SURVEY OF SAID SECTION 34 ON FILE WITH THE CITY, DA TED SEPTEMBER 1980. COMMENCING ATTHE NE CORNER OF THESE 14, SW !4, SW !4 OF SAID SECTION 34; THE.-.CE N 89° 20' 05" W 249.70 FEET TO THE TRUE POINT OF BEGINNING. BEING ON THE NORTH LINE OF ENGLEWOOD P.\RKWA Y; THE.'ICE ALONG THE NORTH LINE OF ENGLEWOOD PARKWA V THE FOLLOWING FIVE COURSES: s s9• so· 22" e 460.97 FEET: THE:s;CE ALONG THE ARC OF A Cl/RVE TO THE LEFT HAVING A RADIUS OF .W.00 FEET. A CE."<"l'lUL ANGLE OF 30" 00' 00". A LE'.'IGTH OF 20.94 FEET AND A CHORD BEARL'IIG N 75° 09' 38" E 20.71 FEET: THE'.'ICE N 60" 09' 38" E 13.52 FEET; THE.'ICE ALONG THE ARC OF A Cl/RVE TO THE LEFT HA\'l:0-G A RADILS OF 45.00 FEET. A CE'.'ITRAL ANGLE OF 60° 00' 00", A LENGTH OF47 .12 FEET AND A CHORD REARL-.;G N 30009' 38" E 45.00 FEET; THE:s;CE N 00° 09' 38" E 6 .:!8 FEET TI> A POINTON THE :SORTH Ll'.'IE OF McKINLEY'S SUBDIVISION 2'° FILl:SG t REC . • 04'.:7081 J: THE.'.CE \LONG TiiE SAID Mll<TH LI, ES 89' 50' ~2" E 45.00 FEET TO TH N.E. COR!'oER OF LOT l. BLOCK I OF SAID SL'BOIV ISION : THE:SCE S 00° 02' 38" W 93 .48 FEET ,\LON<; THE EA~'T LINE TO THE S .E. COR:0-ER OF LOT l. BLOCK I OF SAID SliBDIVISION: THE.,CE ALONG THE WEST LINE IJF l'ARCEL I REC. # '.:477036) •. \I.SO BEING TIIE WEST LINE OF SOl,'TH CHEROKEE STREET •. \LONG THE \RC Of \ NON·T \NGE.'IT C'URVE TI) TIIE LEFT HAVING A RADIUS OF 331.50 FEET. A CE.'llllAL .\:SULE OF 12 • 41 ' or. A LE:-it;TH ()f-3.39 FEET ,\NO \l'HORO BEARINGS 22°17' 15" W 73 .:4 FEET TO A POU-'T OF CO ~IPO L'-.O CL R\ 11.'RE . THE;\CE ALO;\G TiiE ,\Rt ' OF I 1 '0Mt,1t JNO 1 'l 'R\'E HA\ INC. A RADlt.:S Of 613.00 FEET. A CE:,.ITRAL \NGLE OF 14° T 40". \ LE'\t;TH OF 160.0 7 FEET \Nil A CHORD UE.\Rl1'G S 08° 37' 54" \V 159.61 FEET TO A POINT ON THE -..ORTH LINEUFW It Ml'OEN PL\l 'E &REC .,. 10611%\. THE;\CE -\LO:-.G THE SAID '\ORTII Ll:O.E S 45° 00' 00" W 1>.56 FEET; THE.,c EN OJ 0 14 ' 13" E ICP-.11 FEET : THE;,..CE N 0 7° 54' 10" E 35 .00 FEET: THENCE \LO:O.G THE .IR(' l)f, 'ION -f\NCE'.'<T CU RVE TOTIIE LEFT HA ING ,\ RADIUS OF64.50 FEET. ,1 ce.,,,uL \:S GLEOF.J'.:0 17' .J ", \ LEN<iTIIOF47 .61 rEET \ND I CHORD IIEARL'IG N 19° -16' 16" W -16.54 FEET TO .\POP.(T OF CO\IPOI ;\D CL'R\ E: T HE.'\ E ILO:SG THE \Rt ' 1lf ll'll\ll'!ll'NtH :l II\ E HAIING I RADIL S OF 4 7 .00 FEET. A CE.'-'TR.\L .\NGLE OF -'8 ° 55 ' 04'". \ LE NC.'TH OF -I0 .13 FE l:."T \N O \ L'HllllD UEAR INti N 65 ' :::· 5:" W ]8.9'.? FEET TO A POINT ON THE SO L TII Ll;\E OF E1'GLE WOOD P.\111,. W \. THE.'\CE • 9' ·o· :1'" W 4 :i 03 FEET I LU'lt; ,;,110 SOI TH Ll:-IE: THE;,.. ES 65 ' I ' 0 '.?" W 44 S' FE ET TO \ l'O INT ON TiiE E.-\ST l.1:0.E OF SOUTH EL\TI STREET: THE:,ICE N 00° 04 ' 31 '" E 151.21 FEET \LU;,..1 ;:,AIO E.\)'T LINE TO \ PO INT llNTHE :,;ORTH LINE OFE.,GLEWOOD P-\111.:WAY : THE.'\CE \LO:O.U TH E :.ORTH 1.1,E 1lf ENl;LE\\lll)D P-\Rl,.W-\Y THE FOLLOWING THltEE COURSES : \LONG THE ARC OF \ ,o :s -TAM,ENT Cl:11\ E T O lliE L EFT H.\\ ING \ RAOl l:S 1)F S0.00 FEET. ACE.-.;TllAL Al<IGLE Of :J• 11 ' 45" •. \ LE ,GTH OF 32 6 : FEET ,:,;o I l'HOII D IIEARIMJ S :o ' ::s · 06" E 31 .39 FEET: THE ,CE S 38 ° 18 ' 'I)" E :o llO FEl:."T . THE '\ E \LO'\U TH E IRl' 1JF I t'l R\ E 1'1 1 lliE LEFT IH\ ING \ R.\Oll:S OF47 .00 FEET: A C!.''TltAL \.'-GLE OF 51 ° 'I':,··. , LE;\t.THOF-'2 :1> t'EET "1) \l'HO II O IIE.IIIL'\\., S b4°0J' 41'' E ~ss FEETTOTH!TltL E POL"ll'OF 8EU1'"1'0 .. t • • (SOUTHELATISTRUT ct WEST HAMPDEN PLACE) RIGHT OF WAY A PARCEL OF LAND LOCATED IN THE SW 1/4 OF THE SW 1/4 OF SECTION 34, TOWNSHIP 4 SOUTH. RANGE 68 WEST OF THE 6111 PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD. COUNTY OF ARAPAHOE. STATE OF COLORADO . BEING MORE PARTICULARY DESCRIBED AS FOLLOWS : BENINNING AT THE SOUTHWEST CORNER OF THAT PROPERTY DESCRIBED IN BOOK 1772 AT PAGE 586, ARAPAHOE COUNTY RECORDS. SAID CORNER ALSO BEING THE NORTHEAST RIGHT- OF-W AY CORNER AT THE INTERSECTION OF SOUTH ELATI ST. AT WEST HAMPDEN PLACE; THENCE NORTHERLY. ALONG THE EASTERLY RIGHT-OF-WAY OF SOUTH ELATI ST, A DISTANCE OF 14.14 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 19.99 FEET TO A POINTON THE NORTHERLY RIGHT-OF-WAY OF WEST HAMPDEN PLACE ; THENCE WESTERLY . ALONG SAID NORTHERLY RIGHT OF WAY OF WEST HAMPDEN PLACE. A DISTANCE OF 14.14 FEET TO THE POINT OF BEGINNING. CONTAINING 100 SQUARE FEET MORE OR LESS r .l .,,- (.'.) (11 '" <O ,-. [J) .,, fl I 1,1 I () ,, =~ I ,I l ) :: () 1,1 11 . 0 J o , "' 0 C, _, m -. T ~1 I ... '" fL lll CrPIIOfl r,o IIOlt tJq,t I I P ,I l•I t t ti 11,,q, ;.. I q t ~ I Uf 1 1 f I ftl f J,' • ... ,, l'l'IIR IA(J'l 1'11111<114<: I () I ..... •I . ,.,,. .. I I •,it.1tt 1<,wt•t ) JI 1;• ~-, -r .,,., ~~ I I f:1 '.,, •, I , , i·' "' ,., ,., ' ') ·, ,, I I) ,• J , "' f:F#AJ>lt W ~ ... ff'!r.() .,_~,~~I I S I ""' lr-,•t•I t' r I JU•, I l'i ll I ~ ,, .. .., ' ,,,· ...... .. •fl" Ill_..• •,:f 1 .,••••• I •.i! flll'..,• IT !• '•t• , .... ,, -·· • ORDINANCE NO._ SERIES OF 2002 BY AUTHORITY COUNCIL BILL NO. 67 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT AND TEMPORARY CONSTRUCTION EASEMENT ACROSS TIIE CITY DITCH RIGHT-OF-WAY OF THE CITY OF ENGLEWOOD FOR CONSTRUCTION OF A WATERLINE AT OR ABOUT 4663 SOUTH MARIPOSA DRNE. WHEREAS, the Owner of 4663 South Mariposa Drive submitted a License Agreement for new construction imta11ing a waterline over the City ofEqlewood'1 rigbt- of-way for the City ditch; and WHEREAS, the Owner of 4663 South Mariposa Drive abo ~ a Temporary Construction Easement across the City's City Ditch ript-of-way during , · coutruction. NOW, TIIEREFORE, BE IT ORDAINED BY THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: COUNCIL OF THE Scctjop 1. City Council for the City of Eqlewood hereby approves the LirmN Agreement, Exhibit A, and Temporary Comtruction Eawnent, Exhibit B, auacbed blnto, for COllltnlction of a walerliae at or about 4663 South Muipola Drive acn,a the City Ditdl ript-of-way of the City ofEqlewood, Colorado. Scctjop 2 The Mayor and City Clerk aR autborizcd to lip and attest said~ for and oo bcbalf of the City of EnaJewoocl, Colorado. Introduced, read in full and puacd on first radina oo the 2nd day of December, 2002. Publidtcd as a Bill for an Ordinance on the 6• day of December, 2002. Read by title and passed on final reading on the 16• day of December, 2002 . Published by title as Ordinance No . __ , Series of 2002, oa the 2o"' day of December, 2002 . ATTEST : Beverly J ......... Mayor Loucrisbia A. EUil, City Clerk -1- I, Loucriahia A. Ellis, City Clerk oftbe City of Englewood, Colondo, hereby certify that the above and foreaoing ii a true copy of the Ordinance puscd on final reeading and published by tide u Ordinance No.___, Series of 2002. Loucrishia A. Ellis -2- Date December 16, 2002 INmATEDBV COUNCIL COMMUNICATION Agenda Item STAFF SOURCE Subject Purchase of Flusher/Vacuum Truck Utilities Department Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PRMOUS COUNCIL ACTION Council approved purchase of a Vactor flusher truck in August 1995 in the amount of $142,750. RECOMMENDED ACTION At their May 14, 2002 meetin& the Englewood Water and Sewer Board r by modon of the fWSr'alniihe bid BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIAED The proposed combination cleaning/vacuuming machine is designed to simultaneously dean and remove all liquids and solids from sanitary sewers, storm drain lines and other conduits. This piece of equipment is necessary for routine and emergency sewer line maintenance and will be replacing the existing defective unit. This is part of the planned CERF replacement program. The proposed combination flushing/vacuum truck that is being requested will allow the crew to remove the blockage at the first point of contact rather than having to flush the debris to the nearest trunk line. The proposed truck will allow removal of the blocking solids at the point of the problem rather than have go through entire system to the treatment plant Requests for Bid were sent to three vendors for a sewer line cleaning/vacuuming machine. Three res pons es were received. Kois Equipment Company Williams Equipment Company Boyle Equipment Company $179,051.00 $149,370.00 $143 ,364.00 Tom Br ennan, the Utilities Engineer, determined that Boyle Equipment is the lowest. technically acceptable bidder. I .• • • FINANCIAL IMPACT Boyle Equipment Company is the recommended bidder at $143,364.00. Because this is an upgrade to a combination unit instead of the standard flusher truck, CERF is only contributing $25,000. $210,000 was budgeted from the Utilities Department Sewer Fund under #10-07- 43211 . Cost for the flusher/vacuum truck was estimated at $200,000. LIST OF ATTACHMENTS Bid Proposal Tabulation Memo dated December 5, 2002 from Tom Brennan City of Eltfllewood Bid Tabulation Sheet Bid Opening Date: December 30 1-10:00 Lffl. Bid Item: Combination CINnlng VIICIUlllng llllchlne Vendor MacNne ....... ....... In Wlllw l'flutz•• c...,., »J.1714141 • ........ ..... • .... l1UIUI NIZunl...., Denwr,Co.lllN So,--.,., ••• Collpany JOJ.IIMNO • 171,3N.IO ........ ........ ......... UIE7-A11'8. Denwr,Co.NUI ,co111-. •••• Canipeny 101-n,.1no • 117,.C111.00 ........ ........ ......... uoo ColDf'ado lllwL CCNIIJMfW CMv, Co. ...,, ,., .. \, .. . . TOlal Ellc111lfallc IMUIUI .......... -............ ~--1•-,. l10,3N.IO ... ta11ttollld ·,. ---•. -.. N#O 1171,111.11 IN Ml Pn11Ctollldc-,tlll1u,..., ....,111-.... -:.: Cl? tit es ••=• MEMORANDUM TO: Bill McCormick. Operations Superintendent FROM: Tom Brennan. Utility Engineer ~ DATE: December 5, 2002 RE: Bid Request No. 02-111, Combination C1eming Vacuuming Machine I have reviewed the above-mentioned Request for Bid and have determined that Boyle Equipment Company is the lowest, teclmically acc:eptable bidder. Therefore, the Bid Award should be made to Boyle Equipment Company. COUNCIL COMMUNICATION Date Agenda Item Subject Agreement with Ricochet December 16, 2002 11 ai Networks, Inc. Initiated By Staff Source Ricochet Networks, Inc. Don Ingle, Director of Information Technology Ken Ross, Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In June of 2000, the City approved a Right-of-Way Use Agreement with Metricom for the placement of wireless radios on pole-tops in the public rights-of-way throughout Englewood. RECOMMENDED ACTION Staff seeks Council support for a bill for an ordinance approving a right-of-way use agreement that would allow Ricochet Networks, Inc. (the successor to Metricom) to deploy the abandoned Metricom equipment to provide wireless digital data services . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Metricom plac ed approximately 50 antennas throughout Englewood, then filed for bankruptcy in 2001 . During the bankruptcy proceedings, Aerie Networks, Inc., doing business as Ricochet Networks, Inc., purchased the intellectual p roperty necessary to operate the abandoned Metricom radios. Ricochet Networks, Inc. (RNI) desires to begin operating the wireless digital data communications radio network in Englewood and other communities in the Denver metropolitan region. Working on behalf of Englewood and the other communities RNI has approached, the Greater Metro Telecommunications Consortium (GMTC) has drafted a model right-of-way use agreement The model agreement was based mainly on the earlier agreement the GMTC had done with Metricom. The agreement would allow RNI to light the system that is already in place and begin operations to provide wireless technology to customers in Englewood. Ke n Fellman , the City's telecommunications counsel, worked with staff to negotiate the attached ag reement with RNI based on the GMTC's model. It addresses issues specific to Englewood to ensure co nsist ency with the right-of-way ordinance that is already in place. R I w ill obtain all necessary permits and authorizations necessary to operate and/or expand its network in Engle w ood. RNI has already adopted agreements with adjacent communities to provide the Ricochete se r\ ,ce . Th e wireless technology offered by RNI will provide high-speed digital data connections similar to those av ailable with "wired* broadband connections, a service in which residents have expressed an int erest. • • The Ricochet technology also provides a high-bandwidth, wireless alternative to current technologies used by the City that will no longer be supported in the near future. For example, the CDPD (Cellular Data Packet Delivery) technology currently used by Safety Services for Police laptop communications will no longer be supported by AT&T Wireless in approximately 20 months. The Ricochet technology is capable of providing speeds 7-10 times that of standard CDPD technology, allowing field crews to transmit large files and images that are restricted with current wirelese services. The City and County of Denver has recently begun the process of converting all their wireless public safety applications to the Ricochet service, and plans are underway to convert other non-safety applications as well. FINANCIAL IMPACT The only financial compensation expected as a result of this agreement relates to fees associated with the required permitting process. In addition, RNI has committed 29 Ricochete modems and an equal number of Basic Service subscriptions, to be utilized for government use and public safety applications. In addition to the modems and subscriptions, the City is eligible to participate in the Ricochet Government Volume Discount Program (see Exhibit A). Two of the modems will be placed in the Rainbow Express Bookmobile, and 22 will be dedicated for use by the Safety Services Department to allow for mobile data communications. After further exploration and testin& a determination will be made on the specific use(s) of the remaining modems. LIST OF ATTACHMENTS Proposed Bill for an Ordinance BY AUTHORITY ORDINANCE NO . __ _ .. ·t •. • < • SERUES IF 2002 ',oa AN ORDINANCE APP~OVlNO A RIGHT-OF-WAY U~ ~ to ALLOW RICOCHET , Nl!Nffim. tNC . TO DEPLOY THE ABANDON!DMBlltlaM JSQifJI iCilw ·-- WIRELESS DIGITAL DATA SERVICES. WHEREAS, Metricom placed several atennas throughout Englewood then filed for bankruptcy in 2001; and WHEREAS, Aerie Networks, Inc., doing business as Ricochet Networks, lnc.(RNI) , purchased the intellectual property necessary to operate the abandoned Metric:om radios; and WHEREAS, Ricochet Networks, Inc. desires to begin operatina the wireless digital data communications radio network in Englewood and other communities in the Denver Metropolitan region; and WHEREAS , the Greater Metro Telecommunications Conaortium (OMTC) bas drafted a model right-of-way agreement to allow RNI to li&ht the system that is already in place and begin operations to provide wireless technololY to customers in ood. NOW, THEREFORE, BE ENGLEWOOD, COLORADO, CITY COUNCIL OF THE CITY OF Section I . The agreement addressing issues specific to Eqlewood to ensure COlllistency with the right-of-way ordinance, already in place, is on file in the Englewood City Clerk's Office. ~-The Mayor and City Clerk are audlorized to lip and attest aaicl apeemcnt widi Ricochet Networks, Inc . for and on behalf of the City of Ena)ewood, Colorado. Introduced, read in full and passed on first reading on die 16• day of December, 2002 . Published as a Bill for an Ordinance on the 2o* day of December, 2002. AITEST : Beverly J. Bndabaw, Mayor Loucnsh1a A Ell is, Cuy Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above is a troe copy of a Bi11 for an Ordinance, introduced, read in full, and passed on first reading on the 16111 day of December, 2002 . Loucrishia A. Ellis USE AGREEMENT THIS NONEXCLUSIVE RIGHT-OF-WAY USE AGREEMENT (this "Use Ag reemenr) is dated as of --------· 2003 , (the "Effective Date"), and entered into by and between the CITY of ENGLEWOOD, a Colorado municipal corporation (the "City"), and RICOCHET NETWORKS, INC., a Delaware corporation ("RNI"). Rec:ltala A. RNI is in the business of constructing, maintaining, and operating a wireless digital data communications radio network known as the Ricochet® network, a network operated In accordance with regulations promulgated by the Federal Communications Commission, utilizing Radios (as defined in § 1.13 below) and related equipment certified by the Federal Communications Commission . 8 . Subject to reasonable municipal regulations concerning the time, location, manner of attachment, installation, fees, and maintenance of its facilities, RNI has the right under federal and Colorado law to use Ricochet Radios in Public Rights-of-Way. C . In order to deploy its radios, Metrlcom entered into a Right-of-Way Use Agreement with the City of Englewood. 0 . In proceedings in the United States Bankruptcy Court, Northern District of California, San Jose Division, Case No. 01-53291-ASW (Weissbrodt, J .), Metricom abandoned Pole Top Radio ("PTR") equipment. E. In the Metrlcom bankruptcy proceedings. RNI purchased the lntetlectual property necessary to operate the abandoned Radios . F. RNI wishes to locate, place, attach, inatall, operate, anrl maintain Radios on facHltles owned by the City, as well as facllitles owned by third parties, located in th e Public Rights-of-Way of the City for purposes of operating Ricochet®. Agl'Hlllent Now, therefore, in consideration of the terms and conditions contained herein, the parties agree to th <i following : 1 ,ltlons. The following definitions shall apply generally to the provisions of this Use Agreement: 1.1 Agency. "Agency" means any governmental or quasi-governmental agency other than the City, including the Federal Communications Commission and the PUC (as such term is defined in § 1.12 below). 1.2 Basic Service. "Basic Service" means the RNI service bundle that includes unlimited Ricochet Service in the local coverage area. Internet access, and Tier II customer service. The Basic Service bundle does not include email. dial plan. or personal web space. 1.3 City. "C ity" means the City of Englewood . 1.4 Facllltles. "Facilities" shall mean any pipes, conduits , Wlf81. cablet , ampkfiers , transformers . fiber optic lines, antennae . poles , transmission structures, street lignta . Page 1 of 12 • t ... • • • ducts, fixtures and appurtenances, and other like equipment used in connection with transmitting, receiving, distributing, offering, and providing utilities and other services . 1.5 lnstallaUon Date. "Installation Date" shall mean the date that the first New Radio is installed by RNI pursuant to this Use Agreement. 1.6 1.7 1.8 Laws. "Laws" means any and all statutes, constitutions, ordinances, resolutions, regulations , judicial decisions, rules, tariffs , administrative orders, certificates, orders, or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this Use Agreement, in effect either as of the Effective Date or at any time. during the presence of Radios in the Public Rights-of-Way. New. "New" means not currently installed . Maintenance. "Maintenance· means keeping the existing PTRs and New PTRs that may be installed during the term of this Agreement, operational and maintained in a workmanlike fashion in the normal course of business . 1.9 Municipal FaclllU... "Municipal Facilities" means City-owned street light poles, lighting fixtures, electroliers, or other City-owned facility, system or improvement including without limitation, water and sewer mains and appurtenances, the City Ditch, storm drains and structures, streets, alleys, traffic signal poles and appurtenances, conduits, signs, landscape improvements, sidewalks, and public safety equipment. 1.10 Person . "Person· means an individual, a corporation, a limited liability company, a general or limited partnership, a sole proprietorship, a joint venture, a business trust, or any other form of business entity or association . 1.11 Provision . "Provision" means any agreement, clause, condition, covenant, qualification , restriction, reservation, term, or other stipulation in this Use Agreement that defines or otherwise controls, establishes, or limits the performance required or permitted by any party to this Use Agreement. All Provisions, whether covenants or conditions, shall be deemed to be both covenants and conditions . 1.12 Public Right-of-Way. "Public Right-of-Way" means the space in, upon, above, along, across, and over the public streets, roads, lanes , courts , ways , alleys, boulevards, sidewalks, and bridges, including all public utility easements and dedicated public service easements as the same now or may hereafter exist, th , are under the jurisdiction of the City. This term shall not include state or federal rights-of-way or any property owned by any Person or Agency other than the City, except as provided by applicable Laws or pursuant to an agreement between the City and any such Person or Agency . 1.13 PUC. "PUC" means the Colorado Public Utilities Commission . 1.14 Radio. "Radio" means the radio equipment, whether referred to singly or collectively, to be operated by RNI hereunder. 1.15 Ricochet "Ricocher. "Ricochetfl' or "Ricochet MCDN®" means the Ricochet® MicroCellular Digital Nelwon(, a wireless , microcellular digital radio communications network owned and operated by RNI . 1.16 RNI. "RNI" means Ricochet Nelwon(s, Inc ., a corporation duly organized and existing under the laws of the State of Delaware, and its lawful successors. assigns, and transferees Page 2 of 12 ..~ ., . ··' • t • -- • 1.17 Services. ·services" means the wireless digital communications services provided to end users by RNI through the Ricochet network operated by RNI. 1.18 Standard Service. "Standard Service" means the RNI service bundle that includes unlimited Ricochet Service in the local coverage area, Internet access, no activation charges, 10 email accounts, 10 Mb of personal web space, dial plan and Tier I customer service. 1.19 Tier I Customer Service. "Tier I Customer Service" means support services on a 24- hour basis and covers all interactions with end users . 1.20 Tier II Customer Service. "Tier II Customer Service" means support services on a technical representative to technical representative basis from 7:30 a.m . through 7:30 p.m . Mountain Time, Monday through Friday. 1.21 Use Agreement ·use Agreemenr means this Nonexclusive Right-of-Way Use Agreement and may also refer to the associated right to encroach upon the Public Rights-of-Way conferred hereunder. 2 Tenn. This Use Agreement shall be effective as of the Effective Date and shall extend for a term of ten (10) years commencing on the Effective Date, unless RNl's Master Lease Agreement with Public Service Company of Colorado is terminated, or it is earlier terminated by either party in accordance with the provisions herein . The term of this Use Agreement shall be renewed automatically for three (3) successive terms of five (5) years each on the same terms and conditions as set forth herein, unless either party notif195 the other of its intention not to renew not less than sixty (60) calendar days prior to commencement of the relevant renewal term . 3 Scope of UH Agreemenl 3.1 Rights Granted. Any and all rights expressly granted to RNI under this Use Agreement, which shall be exercised al RNl's sole cost and expense, shall be subject to the prior and continuing right of the City under applic:able Laws to use any and all parts of the Public Rights-of-Way and shall be further subject to all deeds, easements, dedications, conditions, franchises, covenants , restrictions, encumbrances, and claims of title of record which may affect the Public Rights-of-Way. Nothing in this Use Agreement shall be deemed to grant, convey, create, Of vest in RNI e real property interest in land, including any fee. leasehold interest. or easement. Any work performed pursuant to the rights granted under this Use Agreement may, at the City's option, be subject to the reasonable prior review and approval of the City. To the extent that any provision of this Use Agreement conflicts with any City ordinance of general applicability, the provisions of the ordinance shall control. unless specifically noted otherwise herein. 3.2 UH of Abandoned Radios . RNI shall have access to and the exclusive right to operate existing Radios attached to street light poles or localed on City rights-of-way or C ity owned bu ildings or facilities or removed from City Rights-of-Way or City owned buildings or facilities and in the possession of the C ity during the term of this Agreement. The exclusive right to operate described in this Section is limited to any interest the C ity may have in such abandoned radios . RNI understands that the City cannot guaranty what claims, 1f any, other parties may make Wllh respect to such abandoned radlOS . 3.3 Attachment to Munldpal FacHltiN. The City shall . when reasonably possible. make available under a barter relatiouahip MunlClpal Facilities 1f necenary fOI' the operatlOl'l of the Ricochet Network. Upon consu mmating a mutually agreeable barter arrangement, the City shall authorize and permit RN I to enter upon the Public Rights-of-Way and to locate , place, attach , install. operate , matntaln , r.,._, reattach. reenstall , relocate , and replace 1n or on Munic1pol Facd1ties for the purposes of operating Ricochet and providing Page 3 of 12 ,. t . .... .. • • -. • 3.4 3.5 0 Services to Persons located within or without the limits of the City. In addition, subject to the provisions of Section 4 .3 below, RNI shall have the right, after negotiating the compensation therefore, to draw electricity for the operation of the Radios from the power source associated with each such attachment to Municipal Facilities . The placement of any other equipment upon Municipal Facilities shall require prior approval by the City . Attachment to Third.Party Property. Subject to obtaining the permission of the owner(s) of the affected property, the City hereby authorizes and permits RNI to enter upon the Public Rights-of-Way and to attach, Install, operate, maintain, remove, reattach, reinstall, relocate, and replace Radios in or on poles or other structures owned by public utility companies or other property owners located within the Public Rights-of-Way as may be permitted by the public utility company or property owner, as the case may be . RNI shall furnish to the City documentation of such permission from the individual utility or property owner responsible. City agrees to cooperate with RNI, at no cost or expense to City, in obtaining where necessary the consents of third-party owners of property located in the Public Rights-of-Way. By agreeing to cooperate, the City is indicating its willingness to communicate its approval of the use of the Public Rights-of-Way. The City is not expected to expend substantive staff time in providing this cooperation . No Interference. RNI in the performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any manner with the existence and operation of any and all private and Public Rights-of-Way, sanitary sewers, water mains, storm drains , gas mains, poles, aerial and underground electrical and telephone wires. electroliers , cable television, traffic signalization, and other existing telecommunications, utility, or municipal property, without the express written approval of the owner or owners of the affected property or properties, except as permitted by applicable Laws or this Use Agreement. RNI will correct any interference problems attributed to its Radios within forty-eight (48) hours of notification by the City; provided, however, that in cases of emergency or immediate threat to public safety, as determined in the sole discretion of the City, the City may shut down any RNI facilities and shall Immediately notify RNI of the action taken. 3.6 Compliance with Laws. RNI shall comply with all Laws in the exercise and performance of its rights and obligations under this Use Agreement. 3.7 Obtaining Required Permits. 3.7.1 The City shall reinstate all permits and other authorizations as necessary for existing Radios on City and Public Rights-of-Way that may have been granted to Metricom , if any; and cooperate and facilitate new permits and authorizations necessary to operate the existing network and/or expand the network within the City. 3.7.2 If the attachment , installation , operation, maintenance, or location of additional Rad ios in the Publ ic Rights-of-Way shall require any permits, RNI shall. if required under applicable City ordinances , apply for the appropriate permits and pay any standard and customary permit fees . City shall promptly respond in accordance with its standard practices to RNl's requests for permits and shall otherwise cooperate with RNI in facilitating the deployment of Ricochet in the Public Rights-of-Way in a reasonable and timely manner. The proposed locations of RNl's planned initial installation ol Radios shall be provided lo the City promptly after RN l's review of evadable City maps and prior lo deployment of the Radios . RNI agrees to meel with the City annually c., as otherwise needed to discuss the company's forthcoming projecil and installations . Page 4 of 12 ' .... .. • • • 3.8 Notice of Location of Radios . Upon the completion of any new installation, RNI prompUy shall furnish to the City suitable documentation showing the exact location of the New Radios in the Public Righi-of-Way. 3.9 Use Agreement Extends Only to the Use, Installation, and Maintenance of Radios. The rights granted RNI under this Use Agreement extend only to the use, installation, and maintenance of the Radios described herein on Municipal Facilities in the manner described herein or on third-party property in the manner provided in Section 3 .3 and does not create any right to install different or additional communications facilities in the Public Rights-of-Way or on Municipal Facilities or on third-party property. Under no circumstances is the closing, excavation, or opening of any Public Right-of-Way authorized or permitted under this Use Agreement. 3.10 Exclusion of Certain Municipal Facilities. Prior to the installation of New Radios on Municipal Facilities, and after it provides the City with its proposed locations for installation of New Radios on Municipal Facilities, the City may in its discretion designate certain Municipal Facilities to be excluded from those on which Radios may be installed by RNI, including but not limited to ornamental or similar specially-designed street lights, or other Municipal Facilities which, in the reasonable judgment of the City's Director of Public Works or his designee do not have electrical service adequate or appropriate for RNl's Radios or cannot safely bear the weight or wind loading caused by the presence of RN l's Radios, or any other Municipal Facility that in the reasonable judgment of the City's Director of Public Works or his or her designee is incompatible with the Radios or would be rendered unsafe or unstable by the installation of Radios . 3.11 No Introduction of Hazardous Materials. RNI represents and warrants that its use of the Public Rights-of-Way and Municipal Facilities, and its use and/or installation of Radios as provided herein, will not Introduce or generate any hazardous substance (as defined under any state or federal law), and that it will not store or dispose on the Public Right-of-Way or Municipal Facilities, nor transport to or over the Public Right-of-Way or Municipal Facilities any hazardous substance (as defined under any state or federal law). 4 Compensation; Discounts; Utility chargea. RNI shall be solely responsible for the payment of all lawful charges in connection with RNl's performance under this Use Agreement, including those set forth below. 4.1 Electrlclty Charges. RNI shall be solely responsible for the payment of all electrical utility charges and connection charges to the applicable utility company based upon the Radios' usage of eltictricity and applicable tariffs . RNI agrees to reimburse the ity for any additional electrical utility charges incurred by the City solely based upon attachment of the Radios , provided the City shall furnish to RNI sufficient documentation from the utility company indicating with reasonable certainty that the additional charge was direcUy attri butable to RNl's Radios . 4.2 4.3 Ricochet Service Discounts . In addition to the mo 9ms and subscriptions provided pursuant to Section 4 .4 , the City is eligible to particip,te in the Ricochet Government Volume Discount Program. Ricochet modems and services must be purchased and bil led through an individual City maw account(s) in order to qualify for the Government Volume Discount Program . City may obtain Ricochet modems and services accord ing to the pricing , terms and conditions of the Ricochet Government Volume Discount Program shown in attached Exhibit A. Reimbursement of City's Expen-. RNI shall reimburse the City at C ity's standard ra tes for all reasonable expenses relating to the prepan.tlon, issuance, and Page 5 of 12 ·- t .• • • • 4.4 implementation of this Use Agreement promptly upon receipt of bills , paid invoices , and such other documentation, as RNI shall reasonably require . Government and Public Safety Uses. RNI shall provide to the City. without charge, twenty-nine (29) Ricochet modems and an equal number of Ricochet Basic Service subscriptions, to be utilized for government use and public safety applications. The City's right to use the subscriptions shall commence at the time that Ricochet service is commercially available in the City and shall extend until the expiration of the term of this Use Agreement and any renewal hereof. Users of City's subscriptions, regardless of the manner in which they were obtained, shall be governed by the same standard Ricochet terms and conditions of use applicable to other users. The City shall use at least seventy-five percent (75%) of all Basic Service subscriptions provided pursuant to this section solely for its own public safety use and shall not be entiUed to resell, distribute, or otherwise permit the use of same by any other person, except a local entity that provides public safety services within the corporate boundaries of the City (i.e.. school safety personnel, police departments, emergency medical departments, fire departments, etc.). The level of benefits and service provided to City by RNI as Basic Service shall not be diminished or reduced during the term of this Use Agreement or renewal thereof or prior to its cancellation or termination, as the case may be. 5 Relocation of Radios. 5.1 Reloeatlon at City's Request. RNI understands and acknowledges that City may require RNI to relocate one or more of its Radios, and RNI shall at City's direction relocate such Radios at RNl's sole cost and expense, whenever City reasonably determines that the relocation is needed for any of the following purposes: (a) if required for the construction, completion, repair, relocation, or maintenance of a City project; (b) because the Radio is interfering with or adversely affecting proper operation of City- owned light poles, traffic signals, or other Municipal Facilities or other Facilities; (c) to protect or preserve the public health or safety; or (d) because the Radio has been abandoned . In any such case, and to the extent practicable in connection with the City's plans , City shall use its best efforts to afford RNI a reasonably equivalent alternate location . If RNI shall fail to relocate any Radios as requested by the City , within a reasonable time under the circumstances in accordance with the foregoing provision, City shall be entiUed to remove the Radios at RNl's sole cost and expanse , without further notice to RNI . 5.2 Relocations at RNl'a Request In the event RNI desires to relocate any Radios from one Municipal Facility to another, RNI shall so advise City. To the extent that another Municipal Facility is available, City will use its best efforts to accommodate RNI by permitting relocation of Radios to such other Municipal Facility in accordance with and subject to the terms and conditions of this Use Agreement. 5.3 Damage To Public Way. Whenever the installation , repair, remo11al or relocation of Radios is required or permitted under this Use Agreement, and such removal or relocation shall cause the public way to be damaged, RNI , at its sole cost and expense . shall promptly repair the public way , normal wear and tear excepted. If RNI doel not repair the site as j ust described , then the City shall have the option to perform , upon fifteen (15) days' prior written notice to RNI , to perform or cause to be performed such reasonable and necessary work on behalf of RNI and to charge RNI for the direct costs incurred by !he City at City's standard rates . Upon the receipt of a demand for payment and supporting documentation by the C ity, RNI shall promptly rwnburse the City fOI' such costs . RNI shall act dillgently and without delay to repa ir, regardless of time al day, any safety hazard that occurs involving RNl's Radios and plant. Page 6 of 12 t .:.. .. • • • 6 Indemnification and Waiver . 6.1 6.2 Indemnification. RNI agrees to indemnify, defend, protect, and hold harmless the C ity , its officers, and employees from and against any and all claims, demands, losses, damages, liabilities, fines, charges, penalties, administrative and judicial proceedings and orders, judgments, remedial actions of any kind, all cos ts and cleanup actions of any kind, and all costs and expenses incurred in connection therewith, including reasonable attorney's fees and costs of defense (collectively, the "Losses") directly or proximately resulting from RNl's activities undertaken pursuant to this Use Agreement, except to the extent arising from or caused by the negligence or willful misconduct of the City, its officers, employees, agents. or contractors. Waiver of Claims. RNI waives any and all claims, demands, causes of action. and rights it may assert against the City on account of any loss, damage, or injury to any Radios or any loss or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City. 6.3 Limitation of City's Uabillty. The City shall be liable only for the cost of repair to damaged Radios arising from the negligence or willful misconduct of the City, its employees, agents, or contractors . 6.4 7 Insurance. Defense . RNI shall have the right to defend the City with regard to all damages and penalties arising in any way out of the exercise of any rights in this Use Agreement. Within thirty (30) days after receipt rJ same by the City attorney, the City will provide notice to RNI of the assertion of any claim or action arising out of the exercise by RNI of its rights under this Use Agreement. RNI wll be aUowed, at its own expense, to appear and defend or assist in the defense of such claims . 7.1 General Liability and Automobile Insurance. RNI shall obtain and maintain at all times during the term of this Use Agreement commercial general llablity insurance with a One MHlion Doll cir s ($1 .000,000) per occurrence limit and Two Million Dollars ($2,000,000) annual aggregate limit. Such general liablity coverage shall cover bodUy injury, property damage, products-completed operations and personal Injury. RNI shall also obtain and maintain commercial automobile liability insurance with a One Million Dollars ($1,000,000) combined single limit. Such insurance policies shall list the City, and its employees as additional insureds as respec:ts any covered liability arising out of RNl's performance of work under this Use Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein . When an umbrella or excess coverage is in effect, the umbrella coverage shall be the same as the primary coverage. Such insurance shall not be canceled or materially altered to reduce the policy limits until the City has received at least thirty (30) days' advance written notice of such cancellation or change . RNI shall be responsible for notifying the City of such change or can cellation . 7.2 FIiing of Certificates and EndorsaMnts. Prior to the commencement of any work pursuant to this Use Agreement, RNI shitll file with the C ity the required original certificate(s) of insurance with endorsements, which shall clearly state all of the following: (a) the policy number; name ot insurance company; name and addresa of the agent or authorized representative ; name, address, a nd telephone num ber of Page 7 of 12 t .• • • • insured; project name and address; policy expiration date; and specific coverage amounts; (b) that the City shall receive thirty (30) days' prior notice of cancellation; and (c) that RNl's insurance is primary as respects any other valid or collectible insurance that the City may possess, Including any self.insured retentions the City may have; and any other Insurance the City does possess shall be considered excess insurance only and shall not be required to contribute with this insurance. The certificate(s) of Insurance with endorsements and notices shall be mailed to the City at the address specified in Section 8 below. 7.3 Workers' Compenutlon lneurance. RNI shall obtain and maintain at all times during the term of this Use Agreement statutorily required workers' compensation insurance for any of its employees and shall furnish the City with a certificate showing proof of such coverage . 7.4 lneurer Criteria. Any insurance provider of RNI shall be admitted and authorized to do business in the State of Colorado and shall be rated at least B+:XIII in A.M. Best & Company's Insurance Guide . Insurance policies and eertlficates issued by non-admitted insurance companies are not acceptable. 7.5 Severablllty of lntereel Any deductibles or self-insured retentions must be stated on the certlficate(s) of Insurance, which shall be sent to and approved by the City. "Cross liability," "severability of interest," or "seperation of Insureds" clauses shall be made a part of the commercial general liability and commercial automobile liability policies . 8 NoticH. 8.1 Form of Notice and Notice Addreu. All notices which shall or may be given pursuant to this Use Agreement shall be In writing and delivered perlOOally or transmitted (a) through the United States maU, by reglatared or certified mail, postage prepaid; (b) by means of prepaid overnight delivery servlc:a; or (c) by facsimile or email transmission, If a hard copy of the same Is follow9d by delivery through the U . S . mail or by overnight delivery service as just described, addressed as follows : 8.2 I ID the City: City of Englewood Attn : Kevin Joseph IT Operations Manager 1000 Englewood Parkway Englewood, CO 80110 ifto RN/: RNl,lnc. Attn : Legal Counsel 1400 Glenarm Place , Suite 100 Denver . CO 80202 Date of Notices; Changing Notice Adlhea. Notices lhall be deemed given upon receipt in tt.e case of peBONII dellvefy, lhree (3) dayl after depoell in the mail, or 1M next day in the case of facsimile. &mall , or overnight dehvery . Either party may from trne Page8of 12 • • -- [J, to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above . 9 Termination. 9.1 Notice; Rights of Termination. This Use Agreement may be terminated by either party upon forty five (45) days' prior written notice to the other party upon a default of any covenant or term hereof by the other party, which default is not cured within forty-five (45) days of receipt of written notice of default (or, if such default is not curable within forty-five (45) days, if the defaulting party fails to commence such cure within forty-five (45) days or fails thereafter diligenUy to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten (10) days from receipt of notice. Except as expressly provided herein, the rights granted under this Use Agreement are irrevocable during the term. Notwithstanding the provisions regarding the opportunity to cure defaults, the City may terminate this Use Agreement if (a) RNI becomes insolvent, unable or unwilling to pay its debts, or is adjudged bankrupt; (b) RNI attempts to or does practice any fraud or deceit in its conduct or relations with the City under this Use Agreement; or (c) the City condemns substantially all of the property of RNI within the City by lawful exercise of eminent domain. 9.2 Economic Vlabillty . This Use Agreement may be terminated by RNI upon forty-five (45) days' prior written notice to City if the City should not prove to be an economically viable market. 9.3 9.4 Removal or Acquisition of Equipment/Waiver of Bond. In the event of termination of this Use Agreement for any reason, RNI shan remove its Radios and any other related equipment from the Public Rights of Way within thirty (30) days of the City's request. Alternatively, and in the City's sole di,cretion, if RNI exercises Its rights under Section 9 .2 or is involved in a voluntary or Involuntary bankruptcy under the Bankruptcy Act which results in RNI proceeding to liquidation without a purchaser assuming this Agreement, the ownership of all Radios placed in the Public Rights of Way after the execution of this Agra.nent, and any related equipment shall automatically transfer to the City. RNt acknowledges that it is Iha City's usual and customary practice to require the posting of a bond or other financial HCUrity to guaranty available resources to cover costs of removal of facilities in Public Rights of Wey, and any olher coats relating to a company's use of Public Rights of Way . Notwithstanding this requirement , and in consideration of the free modems and subscriptions described in Section 4 .4, the conditions for lransfer of the Radios , the escrow and grant of the option to purchase the non-exclusive license described in Section 9 .4, a letter of responsibijity from RNI will be accepted in lieu of a performance bond or other financial security. Conveyance of License and Technology In Event of Tenninatton. In the event that RNI exercises its rights under Section 9 .2 or is involved in a voluntary or involuntary bankruptcy under the Bankruptcy Act which results in the discontinuance of Ricochet servtCe in the City, RNI hereby grants to the City the un~ateral and irrevocable right, to be exercised within one hundred twenty (120) days after notice to the City from RNI , to purchase. at a fair market value, a non-exclusive license and right to use the Ricochet technology needed to conduct City municipal busine11 within the boundar181 of the City. Upon RNl's exercise of its rights under Section 9 .2 or upon any actton within a voluntary or Involuntary bankruptcy under the Bankruptcy Acl where servtCe is proposed to be discontinued, the City shall have such a nonexctustVe license and nght to use the Ricochet technology. Thes right shall expire after one hundred twenty (120) days following RNI notice to the City as described above, or after a faw market value for the Page9of 12 .. ' .· .. .. .. .. • • - 0. 0. license is determined, and a license agreement becomes effective, whichever is longer . RNI will, within sixty (60) days after this Use Agreement becomes effective, deposit with a third party escrow agent, designated by RNI, source codes corresponding to the Ricochet Technology and any additional information and RNI proprietary software that the City would require to maintain and operate the Network for internal communication . Modified source codes and/or proprietary software will be delivered to the escrow agent during the term of this Agreement and any renewal hereof, within sixty (60) days of modification . The escrow will provide that the source code, documentation and proprietary software will be delivered to the City pursuant to this Section 9 .4 . 10 Assignment. This Use Agreement shall not be assigned by RNI to any party, other than to a subsidiary, or parent of RNI upon corporate reorganization, or an affiliate entity, without the express written consent of the City, which consent shall not be unreasonably withheld, conditioned, or delayed . In the event RNI assigns the Use Agreement to a subsidiary, parent or affiliate entity, RNI shall provide the City with notice of such assignment and shall provide the City with relevant information about the assignee's qualifications . Any such subsidiary, parent or affiliate entity will continue to provide the Services to the City required by this Use Agreement. 11 Miscellaneous Provisions. The provisions that follow shall apply generally to the obligations of the parties under this Use Agreement. 11.1 Nonexclusive Use . RNI understands that this Use Agreement does not provide RNI with exclusive use of the Public Right-of-Way or any Municipal Facility and that City shall have the right to permit other providers of information or communications services to install equipment or devices in the Public Right-of-Way and on Municipal Facilities . 11.2 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both parties in the same manner as this Use Agreement. 11.3 Severablllty of Provisions. If any one or more of the Provisions of this Use Agreement shall be held by a court of competent Jurisdiction in a final Judicial action to be void, voidable, or unenforceable, such Provision(s) shall be deemed severable from the remaining Provisions of this Use Agreement and shall not affect the legality, validity, or constitutionality of the remaining portions of this Use Agreement. Each party hereby declares that it would have entered into this Use Agreement and each Provision hereof irrespective of the fact that any one or more Provisions be declared illegal, invalid or unconstitutional. 11.4 Contacting RNI . RNI shall be available to the staff employees of any City department having jurisdiction over RNl's activities twenty-four (24) hours a day, seven (7) days a week , regarding problems or complaints resulting from the attachment, installation, operation , maintenance , or removal of the Radios . The City may contact by telephone the network control center operator regard ing such problems or complaints . 11.5 Venue; Governing Law. This Use Agreement shall be governed and construed by and in accordance with the laws of the State of Colorado, without reference to its conflict of law principles . Venue for any legal action brought hereunder shall ba in the District Court , County of Arapahoe , State of Colorado . 11.6 Exhibits. All exhib its referred to in this Use Agreement and any addenda , attachments , and schedules wh ic h ma y from time to time be referred to in any du ly executed amendment to this Use Agreement are incorporated In th is Use Agreement and shall be deemed part of th,s Use Agreement . Page 10 of 12 ,. ' . .. .•' • • 11.7 Successors and Assigns. This Use Agreement is binding upon the 1ucceuor1 and assigns of the parties hereto. 11.8 Advice of Dl1placement. To the extent the City has actual knowledge thereof, the City will attempt to promptty inform RNI of the displacement or removal of any facility on which any Radio Is located. 11.9 Conaent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement, such party shell not unreasonably delay, condition, or withhold Its approval or consent. 11.10 Waiver of Breach. The waiver by either party of any breach or violation of any Provillon of this Use Agreement shall not be deemed to be a waiver or a continuing waiver ol any subsequent breach or violation of the same or any other Provision ol 1h11 Uae ~- 11.11 Repreaentatlona and WarrantlM. Each of the parties to this Agleement repr...u and warrants that it has the full right, power, legal capacity, and a,lhorlly ID enter inlo and perform the parties' respective obligations hereunder and that IUdl obligations ltlllll be binding upon such party without the requirement al the approval or conNnt GI any olw person or entity in connection herewith, except • provided in Section 3 .4 above. 11.12 Entire Agreement. This Use Agreement contains the entire undentandi'lg belWNI, the parties with respect to the subject matter herein. There ... no ,..,, ........ agreements, or understandings (whether oral or written) between or among lhe par1iN relating to the subject matter of this Use Agreement, which .. not fully expreued herein . In wltnffs whereof, and In order to bind themselves legally to the terms and conditions of this Use Agreement , the duly authorized representatives of the parties have executed this Use Agreement as of the Effective Date. ATIEST: (SEAL) APPROVED AS TO FORM : By :------------ STATE OF COLORADO COUNTY OF _____ _ ) ) ss . ) CITY OF ENGLEWOOD By : ________ _ RICOCHET NETWORKS, INC . Taxpayer (IRS) Identification No . 84-1602594 The foregoing instrument was subscribed, sworn to and acknowledged before me this __ day of ________ 2002, by--------,,-=,----,,......,..,.,...~..,....-,------~ as ------------------of Ricochet Networks, Inc .. (SEAL) Notary Public My commission expires : ______ _ Page 12 of 12 APPeNDIXA RICOCHn GOVEIINM8ff VOLUIII DIICOUNT PIIOOltAM Government entities are eligible for volume dilcounla baed on their tolal number of Ricochet Service subscriptions . The City must apply for • Ricochet Maw Account wilh direct biUlng of all users under the volume dilcount purchase. The dilc:ount will be applied • • line item on the monthly Invoice based on the total number of s~. RNI reserves the right to change the pricing or dllcounta al any time provided • 30-day lldvance written notice la given to users . RNI may change our palicln and operating p,ocedures at any time . Prices and avellablllty of Ricochet Produc1s and Ser,ices may V91Y from time to time. RNI does not offer term dllcounll or demand term commitments at this time . 1. .. . ···~ ........ ., __ IIOlffltLY -... UIMCl!l'IIIC.. IIUATI GOVT VOLUME DISCOUNT M MOOEMS • STANDARD SERVICE s 99.95 s 44 .95 NONE GOVT VOLUME DISCOUNT 10-49MODEMS • STANDARD SERVICE • 98.95 • 42.95 NONE GOI/T VOLUME DISCOUNT 90-II MODEMS · STAfilDMO IEIMCl • 11.115 • 40.95 NONE GOI/T VOi.UM£ DISCOUNT 100+ MODEMS · STANDMD IIIMCE s 19.95 s 31.15 NONE GOVT VOLUME OlSCOUNT ~I MOOEMS • IAIIC SERVICE • 19.95 s 42.95 NONE GOVT VOLUME DISCOUNT 1CMI MODEMS • IAIIC alMCE s 99.95 s 31.95 NONE ~OLUME DISCOUNT !Go• MOOEMS • IAIIC SEIIVICI s 99.95 s 37.95 NONE GOVT VOL UME DISCOUNT 100+ MOOEMS • IIASIC SERVICE s 19.95 I 35.95 NONE 2. I RICOChel Modems • •. 95 External or lnllmal PC card .. Volullle Dlecount Rate RICOChet ServlC8 1c11s•11e Unhmllecl -l Act1vat100 Charge None Internet Access Included Coverage As available in specific local market area Roaming Unrestricted within specific local market area E-Mail Up to 10 E-Maft accounts Personal Web Space Upto 10 Mb Dial Plan Nallonel 01111 Service included Customer Sefvlce 24x7 Cuatomer Service Hotline & Cornprahenslve webllle eulstance Upon activation, NCh modem '11111 be NalgMd • mhlmwn of one email llddreu for netwotl< IIWilalJoll and ncldng purpoaN. No modem ,.,,,., optlona are being offered Ill thia time. Pricing does not Include 9'Jplfatlle Ital and local ..... and UN taxes . RNI reserves the right to change the pricing al any lime upon 30,dey advance writlen notice to users. Basic Service la available only lo organiDllona purchasing multiple Ricochet modems and services under a voiume dilcDunl rae letiedule. Ricochel Mcdeln $89.95 Extemel or Internal PC card SN Volume DIKount Rate RICIOChet Sennce lchedule Unlimited usage AclNatlon Charge None ' lntwnet Access None eov.age As available in specific local market area I Roaming Unrestricted within specific local market area E-Mall None I Personal Web Space None I oia1 Plan None I 2 Customer Service Internal IT Help desk to RNI Tech Support Pricing does not include applicable state and local sales and use taxes . RNI reserves the right to change the pricing at any time upon 30-day advance written notice to users . 4. Equipment Price List Rlcochet modems will be sold with all necessary components to use the service . External modems will Include USB and Serial port connectors, power cables and battery. PC card modems will include the antennae (if not integrated). Replacement cables, batteries and antennae (if applicable) will be available for purchase on the www,ricochet.com website and/or through customer service . 5. Shipping, Handling and Returned Merchandise Shipping and handling faes will be added to each Modem order at the user's cost. A returned merchandise fae (RMA Fae) will be charged to the local Network Affiliate, Market Partner and/or RNI for modems returned to RNI by users in their Geographic Service Area (GSA). ' TYPE SHSUR Shipping and Handling • Surface • 1st Modem $ 9.95 SH2ND Shipping and Handling· 2nd Day. 1st Modem $ 11.95 SHOV Shipping and Handling • Ovemlght • 111 Modem $ 15.95 SHAM Shipping and Handling • Each Additional Modem Same Shipment TBD 3 6. Other Penalties and F ... Penalties and Fees will be assessed in certain cases of Service cancellations, late payments and delinquent accounts . An activaUon fee of $35.00 per account will be waived initially but may apply for users who have their service suspended for non-payment, credit or other reasons, and who subsequenUy want Service reactivated. NSF Nol Sufflclenl Func19 FN s 35.00 LTP30 I.ale p.,._,i FN • 30 days 11/211,o,-- LTPeO Ule ~ FN • 80 days 11/211,0t-~ LTP90 I.ale Paymenl Fee· IIO+ days • 0 D . COUNCIL COMMUNICATION Date December 16, 2002 INITIATED BY Agenda Item 11 a ii Public Works Deoartment Subject Ordinance amending Title 11, Chapter 1 of the Englewood Municipal Code to change the lawful speed limit on local streets in residential areas to 25 moh. STAFF SOURCE Ken Ross. Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council Action. RECOMMENDED ACTION The Englewood Transportation Advisory Committee and the Public Works Department recommend that City Council approve the attached ordinance which will amend Tide 11, Chapter 1 of the Englewood Municipal Code, and make the lawful speed limit on local streets in residential areas 25 mph . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood Municipal Code has adopted by reference the 1995 Edition of the Model Traffic Code for Colorado Municipalities. The reason Englewood and most other cities adopt the Model Traffic Code is to provide consistent traffic control regulations throughout the state and nation. Most cities take a critical look at the Model Traffic Code and delete and amend sections that are not applicable for their specific jurisdiction. The Englewood Municipal Code has already amended or deleted 36 sections of the Model Traffic Code. The Model Traffic Code defines the reasonable and prudent speed for •residential areas• as 30 mph. Local streets in residential areas in Englewood typically involve narrow street widths, on-street parking, and back-out driveways. In addition, under ideal conditions a vehicle traveling 30 mph requires 28 more feet to stop than a vehicle traveling 25 mph. Even th ough we recognize that lowering the speed limits will not automatically result in lower travel speeds , we believe that in Englewood the reasonable and prudent speed for local streets in residential areas is 25 mph. In it ia ll y th e City intends to only post the local streets where speeding in residential areas has been a problem , and to provide advisement signs on our major streets at the City boundaries that the speed limit is 25 mph, unless otherwise posted . Local stree ts by definition are streets that have average daily traffic volumes less than 3,000 vehicles per day. Therefore th e speed limits will not be changed on the following streets: Zuni, Tejon, Windermere/Navajo, Logan, Downing. and Clarkson; ~d the following Avenues: Belleview, Union, Quincy, Oxford, Kenyon, Hampden, Floyd, Dartmouth, Yale, and Ev~s; ~d the following Drives and Boulevards : Lowell, Federal , Santa Fe, Broadway, and South Platte River; ~d US Highway 285. • • ;• . . .. ' • • FINANCIAL IMPACT City forces will need to remove all the existing 30 mph speed limit signs that are on local residential streets and replace them with 25 mph signs, install additional 30 mph signs on some of the collector streets, and install approximately 200 signs that indicate either the 25 mph speed limit or the #25 unless otherwise posted" . The cost for this effort is estimated to be $1 7,000. No money was put in the Public Works Budget in 2003 for these changes. We can pay for this out of the Public Works Budget, and see if cost savings in other areas allow for us to absorb these costs, or if it appears we will overrun our budget, we will then ask for a supplemental appropriation. It will take approximately three months to complete. Additionally, enforcement and prosecution efforts will be greatly enabled if all local residential streets are posted. If City forces were to complete this work over an extended time frame, It would require an additional 300 signs and would cost an additional $26,000, UST Of AlTACHMENTS Proposed Ordinance BY AUTHORITY ORDINANCE NO. SERIES OF 2002 AN ORDINANC6AMENDINO M'L6 ll. CHAPl'Bll I, ~.,....aPALCOD82IIOO, 'l'O CHANGE fflE LAWFUL SPl!BD LIMIT ON LOCAL STREETS IN REStDENTIAL AREAS TO TWE.NTY..flVB MILES PEil HOUL f WHEREAS, the Englewood Municipal Code adopted by refcrcncc the l 99S Edition of the Model Traffic Code for Colorado Municipalities to provide consistent traffic control regulations throughout the sate and nation; and WHEREAS, most cities delete and amend sections that are not applicable for their specific jurisdictions; and WHEREAS, Englewood bas already amended or deleted thirty-six 36 sections of the Model Traffic Code; and WHEREAS, the Model Traffic Code defines the reasonable and prudent speed for "residential areas" as 30 miles per hour, however the City believes that speed. unless otherwise posted, should be lowered to 2S miles per hour due to the nanow street widths, on-street puking. and back-out driveways on certain locals Section I. Title II, follows : BY THE CITY COUNCIL OF THE CITY OF SECTION 1: 11-1-1 : 8 ( 1) Adoption of Code. Part 11, Section 1101(2) Speed Limits is amended to read as follows : Cal Fifteen miles per hour in anv allex, ~ Twenty miles per hour on narrow, winding mountain highways or on blind curves; (et-~ Twenty-five miles per hour in any business district, as defined in section 102(11), ), C .R.S . , t • • Cdl Iwentv-five miles per how in anv residence districb u defined in se;tion 42-1- 102 csm. c R s where the street is 4es;gpatg1 as local io the c;gy of Englewood Transportatjon Plan ( c) W Thirty miles per hour in any residence district, as defined in section 42-1-102 (SO), c.R.s. where the street js designatgl as a cones;tor or an artetiaJ io the c;gy of Engts;wood Transportation Plan W.1!> Forty miles per hour on open mountain highways; Eet--{&l Forty-five miles per hour for all vehicles in the business of transporting trash, where higher speeds are posted, when said vehicle is loaded as an exempted vehicle pursuant to section 507(3); 00 lb} Fifty-five miles per hour on other open highways which are not on the interstate system, as defined in section 43-2-101 (2), C.R.S.; ~ (il Sixty-five miles per hour on surfaced, four-lane highways which are on the interstate system, as defined in section 43-2-101 (2), C.R.S., where authom.ed by a majority of the members of the transportation commission and such speed has been so designated by official traffic control devices; ~ (il Any speed not in excess of a speed limit designated by an official traffic control device . (i) Fifteea miles per hew ia aay alley . Introduced, read in full and passed on first reading on the 16th day of December, 2002 . Published as a Bill for an Ordinance on the 20th day ofDcc:embcr, 2002. Beverly J. Bnidsbaw, Mayor ATT EST : Loucri shi a A. Ellis, City Clerk I, Loucri shia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and forego ing is a true copy of a Bill for an Ordinance, inlroduced, rad in full , and puscd on lint reading on the 16111 day of December, 2002 . Loucrisbia A. Ellis COUNCIL COMMUNICATION DATE: AGENDAmM SUBJECT: Support for EEF-OSG, December 16, 2002 11 Ci LLC City Hall Site Redevelopment INmATEDIY: STAFF SOUia: Rick Kahm & Robert Englewood Environmental Foundation Simpson, Englewood Environmental Foundation PREVIOUS COUNCIL ACTION; In 1997, City Council authorized the creation of the Englewood Environmental Foundation as a nonprofit development corporation to further the redevelopment of the Cinderella City site. On September 4, 2001 City Council adopted Ordinance No. 51, Series of 2001, which transferred the former City Hall property to the Englewood Environmental Foundation to facilitate redevelopment. RECOMMENDED ACTION; Staff recommends that Council adopt a resolution, which supports the proposed development agreement between the Englewood Environmental Foundation (EEF) and Development Solutions Group, LLC (DSG) for redevelopment of the former City Hall property at 3400 South Elati Street BACKGROUND: At Council's direction, staff has been working with Development Solutions Group as the preferred developer of the former City Hall site. The proposed development Is a 40,000 S.F. to 60,000 S.F medical facility with associated limited retail. A -oeal Shee~ has been prepared which outlines the basic points of a development agreemen~ The deal points are as follows: Property to be sold : 3400 South Elati Street (99 ,327 S.F .) Parcel 2 (North side of Englewood Parkway between South Cherokee Street and South Elati Street, 30,975 S.F.) Purchase Price : $1 ,2 50,000 . ~: $20 ,000 upon execution of Deal Sheet. Refundable only if Council fails to adopt resolution supporting EEF and proposed development. $1 5,000 due upon execution of Purchase and Sale Agreement Becomes nonrefundable at en d of due diligence period. Due Diligence Period : 45 days following Purchase and Sale Agreement execution. Closing Date : 30 days following due diligence period. 30-day extension period available upon receipt of an additional nonrefundable deposit of $35,000. Development covenants : Construction to commence by December 31, 2003, if not EEF may repurchase property at 90% of original price. Construction of proposed medical facility to be complete by December 31, 2004, If not, developer will be charged a late development penalty of $125,000. FINANCIAL IMPACT; There is no direct cost associated with this Resolution of Support. The proposed Resolution will demonstrate support for the EEF and DSG leading to the completion of negotiations and the final development agreement LIST QF c\UACHMENJS; Proposed Resolution 2 f'llsol.tnDINO. _ Sl!1UES OF 2002 . A llESOLUTION SIJPPQll'l'INO 11IE PI.Ol'OUD~ BETWEEN THE ENGLEWOOD ENVtR.ONMENT AL FOUNDATION (EEF) AN1:> DiVELOfttlNT SOLUTIONS Gt.OUP. U.C tDIG) J0a PORMEJt CJ'l'Y HALL PROPERTY AT 3400 SOUTH ELA Tl STREET. WHEREAS, Englewood City Staff has been working with Development Solutions Group as the preferred developer of the Conner City Hall site; and WHEREAS, the proposed development is a 40,000 to 60,000 square foot medical facility with associated limited retail; and WHEREAS, the property to be sold is 3400 South Elati Street and Parcel 2 on the North side of Englewood Parkway berween South Cherokee Street and South Elati Street for a purchase price on 1,250,000. NOW, THEREFORE, BE IT RESOL YEO BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l. City Council hereby suppons the proposed development agreement between the Englewood Environmental Foundation (EEF) and Development Solutions Group" LLC (DSG) for redevelopment of the former City Hall property at 3400 South Elati Street. Section 2. The Mayor and City Clerlt are authorized to sip and attest any necessary documents for this sale and redevelopment. APPROVED AND ADOPTED this 16• day of December 2002. Beverly J. Bndsbaw, Mayor ATTEST : Loucrishia A. Ellis, City Clerlt I, Loucrishia A. Ellis, City Clerlt for the City ofEnalewood, Colorado, hereby certify that the above is a true copy of Resolution No . __ , Series of 2002. Loucrilhia A. Ellis • • .• • MEMORANDUM City Council / Gary Sears, City Manager Robert Simpson, Community Development Director \ TO: THRU: FROM: Harold J. Stitt, Senior Planner ~ DATE: December 2, 200:? RE: CONFIDENTIAL • Elati Street Development Status Report The Elati Street Development Committee met on Tuesday November 26, 2002 to review the Deals Sheet for the proposed City Hall site redevelopment. The deal points are as follows : Prooertv to be sold : HOO South Elati Street (99,327 S.F.) Parcel 2 (North side of Englewood Parkway between South Cherokee Street and South Elati Street, 30,975 S.F.) Purchase Price : S 1,250,000. ~: $20,000 upon execution of Deal Sheet. Refundable only if Council fails to adopt resolution supporting EEF and proposed development. $1 5,000 due upon execution of Purchase and Sale Agreement. Becomes nonrefundable at end of due diligence period . Due Diligence Perjod : 45 days following Purchase and Sale Agreement execution. Closing Date: 30 days following due diligence period . 30-day extension period available upon receipt of an additional nonrefundable deposit of S35,000 . 1000 E:-~'e"ood Parkwav Englewood . Colorado 80110 PHONE JOJ -i62-~342 FAX JO : ·u-689S ~w\,· c, ,,,qtf'\,ood '? w\ .. . ... • • Development Covenants : Construction to commence by December 31, 2003, if not EEF may repurchase property at 90% of original price. Construction of proposed medical facility to be complete by December 31, 2004, if not developer will be charged a late development penalty of S 125,000. After discussion the Committee recommended that Council support the proposed development Deal Sheet between the Englewood Environmental Foundation and Development Solutions Group, LLC for a 40,000 S.F. to 60,000 S.F. medical facility will associated limited retail. ... ~ .................. -2 • • CO DSG : fmla: DEALSBEE't 3400 S. EJlli Sale to Dcw",nw Smalm Gloup, U.C (•DSG; dad Now:mber 26, 2002. Eaglcwood Enviroamema1 Foundarion C"EEr) alld ~ Soludoas Group, U.C . DSG will be die deYeloplr 111d Dlllled purchaser . Bowcvl:r, DSG mraxls to aaip the apeamm a, a trmsartinn specific real ,... ownersbip eamy ID be t'omled, comildq of a FOUi) of pilyljciam and odllr iDvafcn, wbicll will be die altimafc owm:r. 3'400 s. EJlli Slreet (dmollallld Ory RID a), qedllr wtm a vacm parcel irnmcdiately to tbl nordl of EDclewoacl ~ (ml IOlllb of WIit Ginrcl .~vellle), lllbject CO a riltB of way far a road a, be dectic:lred a die _,... CGl1lll' of Soadl Elali 111d W• Hampden PIia:, m t111111a11 for Ulll'III and epw a 1111 DOrlbmt com:r of 1be City Hall sire. providins illpels IDll tpm to dla IIDD-l1Wllld Jlllal to die em of 1118 dlmotilbld Cky Hall litl:, 11111 an mpea 11111 earm from P.upwood Plltway ID GJnrd Aw tbr iap'al ml ecress 10 lbc: Pim-Mor eem.r. 111 a lbowa oa aw, dad May 2, 200'1 palplnd by R.tll Sumyius. The Cay Hall sire crmim of app.Oliwllly 2.21 mea (app1mdmMaly 99 ,327 square feeQ and me pa=1 am otEDpwood Putway, <•aa 1 • Parcel 2 oa 1111 $1rvey) coasi9ls of approlmlidy 30,975 .... feel. PmtbwPrtcc: 51,250,000, cub II c:lolma• $20 ,000 im-nl6mdablc dlpOlil,.,..... ........ of dlia DIil Slmc. Dapolit will be nrfllldld oGly ID 1111.,,_ lllpwood Clly Cawil llliJI ID llllapc a_..,._ mpponias EEP--. ••,__.ml W.A,&J s wllllDIG lmllll ....... dlc --of tbia 1>111 Sblll IIJIUOl m flill ID .. -•Ao-..... ca .. DIii t .. . ..... .. .. . • • • sa.et atlllr Clty Caau,:il Suppons il. An additional SlS,000 ndlmdllble deposit will be paid upaD e:unmoa of a P=bw and S11a Acnemem. 1111d will becoml IIOIHdmdable ac Iba c:ad of die due dillllllD pciocl. EEP sball open III ac:mw ICCOIIIII with CJlicqo TIiie lmDIDC6 Co ., • esc:mw qat, 111d all depolitl sllall be beld lD IIICh escrow accama aad dillrillalld in accordm wllb dlil Dell Sblel IDd die Pmdme -Sale Apemem. PM M • fldAd.: "'* P* 30 days Collowini die Due Dilipncc Period (7S days from die mumal ex.ecutioD of die Plucllue 11111 Sale Aareem,m). PuzcJmer shall bave an option !or m: 30-day ommum upoG ~ of aa additioml 535,000 oon-retlmdlble depolil. wbicll amoam wiD apply to die Purdmc Price. De•+ A. Comuaaion will QOlllfflC!1Ce by December 31, 2003. Failwe ID do so sb111 pve EEF a rlpllldlue opcian at 90,r, of die orisim1 pmcblle price. Owner will be pen Dlllice of faibn to c;c11ameace md a 30-day rip& ID c:me. . 8. CQIIIIIUCOOD of tbe prapaNd lllldica1 t.ac:Wly will be sabmmiaDy c:amplllld by 1>ec:1m1m 31 , 2004. Submarial oamFlcdoa all iDclade core lllll sbell ml se WOlt. bat shall DOt iDclDde tallllll implo...a. failme ro compJlla an raak in a la dllvelopmenr cbarp of SW,000. 0wmr will be pm DDCice of t.ilme ID compla md a 30- day c:me period. C. D. Dua of Developmlm COVCIIIID will be mbjlcc ID fo,C6 flllljan wbii:b Will iDcJade a c:uataa111J pivviaica cmliDI to am of God. u weD • -, sublllnrial c!lulp iD Iba fC'ODt'Glirs of tbe ,-al pncdcl of mldlcilll or ill die b ems mama for mdicll tacDlly clnelopmm« Owmr will be requirlll ID Dlldfy EEF widliD la (10) days of cbl OCWIIWII of •Jara llftljan nm. 11111 all dllla 111111 be alllllild a Iba - amum1 ot days lllll 1111/tlra ,,.,_,. ncm COPffln, llul ill m.,. ... dllll 180 days. n. owmr all *'!lap a mini c6a -a edQay WYiiP ~ widl ntJad rlCli1 ..... ~alffl·--.................. 2 •· t ... . ·• . ! ·, • • -.. '30:ld "1:1.LO.L - E. Owmr 1111111 ollllin 1111 Cky pmllill aml applOftll mqain4 b' daulp- 111& ID llldldm. 1111 ,-ml iJPIC'ift ettw tllll1 bl lllltject ID i,rtar IW'lilW ... approwal 1,y .. cllnclDr ofdll a, o1.....- c 11•1 Dn..,....., wbicll approval all mt be www• l"Ml)' wtdlllllll ar ..,.._ U,-aar!dw ot dlil 1>111 Slllll l,J 1lodl plftill aad lSllift of Ila Dlpallt bJ dleTlde C..-, aaorllllD ....,., 19, 2002. DP ll(W ID paDSGdll ~ rtpl tbr .-y (20) claJI ID -.... 1111,_.. of die PqmJ al DP .... ID IIDl aoHcit c6n rar ar CIIDlll&I cllblr •••kl • far cba pmdlal ottbl Pfo,adll darilll dll mlalM paiacl. 1'111 udlliwll plliocl al M EI-Nim)' (20) dap ..... dla--1 e.11.0 111ioa of dlis l)ell SIIIIC. • Ill ... •• __ , --J DEVELOPMENT 80LUTIONS GROUP, LLC 204 WALNUT IITAEET, SUITE C FORT COWNII, CO 111524 Memo: '"J).,..,·1 &, El,J, fr.,.,-1t· •• Pc.rJ....,._ MY Twenty Thousand and 00/100 Dollars Chicago Title Coapany EWE Nov 25, 2002 . -:·. 1036 ~·,20,000.00 ... DATE: December 16, 2002 INITIATED BY: COUNCIL COMMUNICATION AGENDAITTM 11 C ii Englewood Environmental Foundation STAFF SOURCE: Rick Kahm & Robert Simpson, Englewood Environmental Foundation fRMOUS COUNCIL ACTION; In 1997, City Council authorized the creation of the Englewood Environmental Foundation, Inc (EEFI) as a nonprofit development corporation to further the redevelopment of the Cinderella City site. On May 15, 2000 City Council adopted, Ordinance No. 34, Series of 2000, aumorizing the purchase of three parcels of land from Situs Enterprises to accommodate the new alignment of the Englewood Parkway. On September 4, 2001 City Council adopted Ordinance No. 51, Series of 2001, which transferred the former City Hall property to the EEFI to facilitate redevelopment RECOMMENDED ACTION; Staff recommends that City Council adopt a resolution supporting the EEFI granting a nonexdusive ingress-egress easement over and across a portion of the former City Hall Property at 3400 S. Elati St. This easement is for access to the Situs Enterprises property, located on the south side of the Englewood Parkway immediately east of the forrner City Hall Property. BACKGROUND AND ANAl.)'.SIS; Construction plans for the Englewood Parkway, between S. Elati St and Cherokee St were complete in earty 2000. The alignment required the acquisition of four parcels of land. Three of the parcels were owned by Situs Enterprises and the fourth was the Copy Masters Print Shop. Negotiations with Situs Enterprises commenced on March 10, 2000 and conduded with Council approving the Agreement For Possession and Use of these three parcels on May 15, 2000. Negotiations included a provision that Situs Enterprises would be granted access directly to the Englewood Parkway. Subsequent discussions with Situs lead to a mutually agreeable location and legal description for this ingress-egress easement This action satisfies the Agreement with Situs Enterprises, L.L.C. FINANCIAL IMPACT: There is no direct cost associated with this Resolution. ATTACHMENTS: Propos c.d Resolution Location Map Legal Description and Easement Exhibit • • .-mrMtMO·-:s Ut J\ USOWTION SUPP0a11NG 11m mfOLEWOOD · FOUNDATION'S GAANTING .Of A NOJ:ffiXCLUSIVE INGRESS-EGRESS EASEMENT \ OVDAMI> .t.(2.Clfll A POa'IIONOP ,HJIOIIMlaf,:Q'VMUoi--s. ELA Tl STREET FOR ACCESS TO THE SITUS EN'tERJtRIS'J:S'!' . \ ON 1'111. SOt.m1 ID Of TIii atGLlwoot) fABWAY D4141bA111..Y ' THE FORMER CITY HALL PROPERTY. WHEREAS, construction plans for the Englewood Parkway between S. Elati St. and Cherokee St. were complete in early 2000; and WHEREAS, the alignment required the acquisition of four parcels of land, three owned by Situs Enterprises and the founh by the Copy Masters Print Shop; and WHEREAS, negotiations included a provision that Situs Enterprises would be granted access directly to the Englewood Parkway; and WHEREAS, subsequent discussions with Situs lead to a mutually ~le location and legal description for the ingress-egress easement to satisfy the Agreement with Situs Enterprises, L.L.C. NOW, THEREFORE, BE IT RESOLVED THAT: Section I, City Council hereby suppons annt of Eqlewood Environmenaal Foundation's nonexclusive ingress-egress easement over and across a portion of the former City Hall Property at 3400 S. Elati St. to the Situs Enterprises' property ~ on lbe south side of the Englewood Parkway to satisfy the Agreement with Situs Enterprises, L.L.C. ADOPTED AND APPROVED this 16th day of December, 2002. Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Enaicwood, Colondo, hereby certify the above is a true copy of Resolution No . __ , Series of 2002. Loucrisbia A. Ellil I & 11111"'1#1 2831 S. REED ST. LEGAL DESCRIPTION DENVER, CO. 80227 Office: (303) 985-7567 () March 19, 2002 Sheet l of2 AN EASEMENT FOR INGRESS AND EGRESS LOCATED IN THE SOUTHWEST ONEjUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE 6 PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, ST A TE OF COLORADO, MORE PARTICULARLY DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST ONE- QUARTER OF THE SOUTHWEST ONE-QUARTER OF THE SOUTHWEST ONE- QUARTER OF SAID SECTION 34; THENCE SOUTH ALONG THE EAST LINE OF THE SAID SOUTHEAST ONE- QUARTER SOUTH 00° OS' 12" WEST 71.02 FEET TO THE TRUE POINT OF BEGINNING, ALSO BEING ON THE SOUTH RIGHT-OF-WAY OF ENGLEWOOD PARKWAY; THENCE CONTINUING SOUTH ALONG THE SAID EAST LINE SOUTH 00° OS' 12" WEST 28 .60 FEET; THENCE NORTH 70° S l ' 30" WEST 7.85 FEET TO A POINT OF CUR VA TIJRE; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A RADnJS OF 17.75 FEET , A CENTRAL ANGLEOF69°44' 25 ", A LENGTHOF2l.61 FEET AND A CHORD BEARING N 35° 59' 17" W 20 .30 FEET ; THENCE NORTH O IO 07' OS" WEST 9.65 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY OF ENGLEWOOD PARKWAY ; THENCE ALONG THE SAID SOUTH RIGHT-OF-WAY SOUTH 89° so· 22" EAST 19 .57 FEET TO THE TRUE POINT OF BEGINNING . THIS PARCEL CONTAINS 461 sq. ft . MORE OR LESS . ~~,1 J1.ostcl e. ~v ~- RICHARD A. BULLEN JR. PLS N0.8647 ' • • --· INGRESS/EGRESS EASEMENT ' SECTION 34, TOWNSHIP 4 SOUTH, RANCE 68 WEST, 6th. P.JI. ENGLEWOOD PARKWAY 2' PAN SIDEWALi( s oo· os· 12· w 71.02' ~ t NE COR SE 1/4 SW 1/4 SW 1/4 I SEC. 34 2' PAN SIDEWALK s s9· so· 22· E ----19.57' N 01• 07 05 w 9.65' RAMP ENGLEWOOD CITY HALL 6 59•44•25• R 17.75' L 21.61' CH• N 35• 59' 1r W 20.30' N 10· 51' 30• W 7.85' GRAPHIC SCALE • tO Ill ~ I (INraT) 1 IDch • 10 ft. Richard A. Bullen Jr. P .L.S. 28647 Date: 3 / t '1 / 0 2.. "II01lcl: -... .. ... ,.. 11111T -.., .... ___ _, ........ ____ ... ,.. ____ .,. ___ .., ___ .., -----------... -.,---·· CD )> ~ (/) 1(/) 0 .,, ~I~ CD ASPHALT ,,, )> CJ) 0 PARKING :::0 q1: LOT z N 9 1; :fO m n :z I . :r ::,. (,I Cl :, ... ,.,~ ~,~ ::, NCI IO CT (/) (/) 0 ,., .. o .... g_ o, 1' PAN ~·g (JI(/) (/) ·:,e ~ ~ ,., (/} N _. • .... C .,,., ' ,zo :,e ... e • ,., q Cl) . ;: :IE ,., 0 -:r .... .... (JI , . ~ ,· L2] ... N~ J(l J(l ~ f> ,~ (,I ... ... R & R SURVEYING 2831 S. REED ST. DENVER, CO. 80227 (720) 939-5965 CLIENT: QTY Of ENGl£WOOO DATE: Ol/19/2002 R tic R JOB : 2150 SHEET 2 Of 2 SHEETS t • • O'l n:: <( ~ ci zz w U5 >-i= I-a.. -w uu w 0 0:: 0 0 3: w ....J I ,_ 0 -' 01 (.'.) "' z ... w 9 "' 8 -' m WW I i I I~~ ~I ENGLEWOOD CITY HALL (DEMOLISHED) PHAR ~ PARKING LOT ... ... ~ II: ... 0 ~ ~ - L --::'°" AJ1111411 t L 1 -..... -..... -..... 'l CIIAPIIE !!!•~ ..... . .... QAS,S Af BEARINGS .. ___ ON IICCl."'l Ill 1/4 Ill 1/4 ac ~ ._ I art 111' A r M.1111 I!#' LI. &~ (1 I!#' LI. llal (IGU1k) AS DmlllU , ~ -..CY Of 5"ID SlCIOI QIY, DAlDI --I- LECf"ND ,. IU I 1/r Al.1111 CAI' , . .,, ,, .. _fl/ • ,___.., ... • rCUlltl/TAlWCI • • ,.,..,,,r .... ""' -· w---•1U 1 -E-,,_rue• -·0 -............. ! -s------T-• , __ ,.. COUNCIL COMMUNICATION DATE: AGENDA ITEM SUBJECT: Support for EEFI December 16, 2002 11 C iii grant of easement for Kimco Entdewood imrress-elll'f!SS INfflATEDBY: STAFF SOURCE: Rick Kahm & Robert Englewood Environmental Foundation Simpson, Englewood Environmental Foundation PREVIOUS COUNCIL ACTION; In 1997, City Council authorized the creation of the Englewood Environmental Foundation, Inc. (EEFI) as a nonprofit development corporation to further the redevelopment of the Cinderella Qty site. On September 4, 2001 City Council adopted Ordinance No. 51, Series of 2001, which transferred the former City Hall property to the EEFI to facilitate redevelopment RECOMMENDED ACTION; Staff recommends that City Council adopt a resolution supporting the EEFI granting a nonexclusive ingress-egress easement over and across the EEFI property known as Parcel 2. This easement is for access to the Kimco Englewood 683, Inc. property, located on the north side of the Englewood Parkway across from the former City Hall building (3400 S. Elati St) BACKGROUND AND ANALY$1$; Construction of the Englewood Parkway, between S. Elati St and Cherokee St, realigned the roadway south of the Girard Ave. Right-of-Way. Access from the Englewood Parkway to the Kimco Property requires crossing the residual parcel (known as Parcel 2). This residual parcel, located north of the Englewood Parkway, was created by the Parkway alignment splittins the former Qty Hall Property. This easement will grant the Kimco Property direct access to the Englewood Parkway Right-of-Way. FINANCIAL IMPACT; There is no direct cost associated with this Resolution . ATTACHMENTS: Proposed Resolution location Map legal Description A~SUPPOllTINGIIE&NOLBWOOD~~S GRANTING Of A NONEXCLUSIVE INGRESS-EGRESS EASEMENT OVER AND ACllCJJI tollnoM OP TIii PORMBGITIIM,L ""'9llff a ,..Clb\'lf. STREET FOR ACCESS TO THE PROPERTY LOCATEt> ON THE NOR.TH SIDE Of THE liN014'f.QODPMI.WAV AClfJ98JldlmllOIIBatYIIAU.IIUll9'CI. ·. t WHEREAS, construction of the Englewood Parkway, between S. Elati St. and Chctokcc St., realigned the roadway south of the Girard Ave. right-of-way; and WHEREAS, access from Englewood Parkway to the property to the north requires crossing the residual parcel (known as Parcel 2), more fully described on the attached legal description; and WHEREAS, the residual parcel located north of Englewood Parkway was created by the Parkway alignment splitting the fonncr City Hall property; and WHEREAS , this casement will grant direct access to the Englewood Parkway rigbt-of- way . NOW, THEREFORE, BE IT RESOLVED THAT: smimll-City Council hereby supports the Eqlcwood Environmental foundltioa'a grant of a nonexclusive ingress-cgrcsa casement over and across a ponion of tbc former City Hall property at 3400 S. Elati St. to allow direct access to the Enalcwood Parkway right-of-way for the Kimco property . ADOPTED AND APPROVED this I~ day of December, 2002. Beverly J. Bradshaw, Mayor ATTEST : Loucrishia A. Ellis , City Clerk 1, Loucrishia A. Ellis , City Clerk for the City of Enalewoocl, Colondo, hereby certify 1bc above is a true copy of Resolution No . ___, Series of2002 . Loucrilhia A. Ellia LEGAL DESCRIPl'ION KIMCO ENGLEWOOD INGRESS AND EGRESS BASIS OF 8EA1UNQS BEARINGS ARE BASEDON111EUNEOF111EE Yi, SE 1.4, SW \4, SW \4 SEC 34 BEING S00°05' 12" W AS DEFINED BY A 2" ALUM. CAP L.S . Il.LEGmLE (NORTII) AND A 1 ~" CAP LS. 12083 (SOU111) AS DEFINED ON THE CITY OP ENGLEWOOD SURVEY OF SAID SECTION 34 ON FILE W1111111E CITY, DA 11!0 SEPTEMBER 1980. A NON-EXCLUSIVE INGRESS AND EGRESS EASEMENT BEING 28 FEET IN WID111 MORE PAllTICULARL Y DESCRIBED AS FOLLOWS: COMMENCING AT THE NE CORNER OF THE SE \4, SW \4, SW 1~ OF SECTION 34; THENCEN 89° 33' 50" E 211.29 FEETTOAPOINTON111ENOR111 UNEOFENOLEWOODPAllKWAY; 11IENCE ALONG THE NOR111 LINE OF SAID ENGLEWOOD PARKWAY BEARING N 89° so· 22" w 212.08 FEET TO THE TRUE POINT OF BEGINNING; THENCE ALONG THE SAID NORTii LINEN 89° so· 22" w 28.00 FEET; THENCE N 00° 09' 38" E 57.37 FEET TO THE SOU1lf LINEOFW . GIRARD AVE; THENCE s 89° so· 22" E 28.00 FEET; THENCE S 00° 09' 38" W 57 .37 FEET TO THE POINT OF BEGINNING. CONTAINING 1,606 SQ FT MORE OR LESS . ::J ~ O> ..... ~ <( ... w ~ I-ci zz VI w u z 0 >-f= I-Cl. ~! u w u i:l! w 0 Q: TlOII 0 ENGLEWOOD A7021417 ~w 0 CITY HALL Cl 151 3: (DEMOLISHED) ~Q w vi_ .., ....J (.'.) N z ..... w 0 ...J - I a, i ~ I ...J m ;: COLORADO 80227 (720) 939-596!> CIAPIIIC e--cJ-! .... ...... BA$!$ Of BEARING$ P.-.tllEIAKDCIICCICllM .. t/4 .. 1/4 llC l4 -I 00 IYArALW.-LI.~( -L.I. Ila! (ICUIH) AS Dl'1NU -llaMY Of IAID llCIQ QIY, DA1UI ID'1llfllll 1-. LECf.ND • ., ' 1/J° -CAI' • KTl 1/4'-W, • -~·-• ·-··/J"-C. • ....... , ...... ~ -·w,--•u , -E--NC• -·0--·-· -s-·-..... , .. -T-I-I I .. lllDM • , ___ • COUNCIL COMMUNICATION Date Agenda Item Subject ·-·" Englewood Centennial and Cultural December 16, 2002 Resources - INmATl:D BY STAFF SOURCE Community Development Mark Graham, Senior Planner PREVIOUS COUNCIL ACTION Directed staff to conduct activities in conjunction with Englewood's Centennial in 2003. RECOMMENDED ACTION Throughout 2003 Englewood will be celebrating its 100., Anniversary. The referenced contract provides for Ginny Steele to provide professional guidance on historic issues to the Englewood Centennial Coordinating Committee, Legacy Committee, Action Committees and staff. The contract also anticipates dosing out the State Historic Fund grant used for Skerrit House and a small amount of work with preservation agencies and the convnunity on the Englewood Depot OCR will also inventory and document historical structures south of Kenyon Avenue along Broadway. The inventory includes approximately 100 structures buih before 1945. OCR wiU be reviewing Englewood's Landmark Ordinance and providing recommendations for procedures and criteria that could be used for designating historically significant structures. FINANCIAL IMPACT The Centennial Celebration and other historical projects are planned and budgeted in the 2003 Budget approved by Council. ATTACHMENT Scope of Work City of Englewood, Colorado Contract for Professional Services THIS CONTRACT and agreement, made and entered into this nineteenth day of December, 2002, by and between the City of Englewood, a home rule municipal corporation of the State of Colorado, hereinafter referred to as the HCity", party of the first part, and Virginia R. Steele, dfb/a Denver City Restorations (OCR), 12237 E Lasalle Pl, Aurora CO 80014, 303.783.6956, 303.695.0203, hereinafter referred to as the NConsultant", party of the second part, for the following: PROJECT: 2003 Englewood Centennial Skerritt House Englewood Depot Cultural Resource Management Landmark Ordinance WHEREAS , a scope of work pursuant to said project has been received by the City of Englewood and reviewed by the Director of Community Development, and the Assistant City Manager; and WHEREAS, the Contract has been awarded to the above named Consultant by the City and said Consultant is now willing and able to perform all of said work in accordance with the attached Scope of Services. NOW THEREFORE, in consideration of the compensation to be paid to the Contractor, the mutual agreements hereinafter contained are subject the terms hereinafter stated: A. Contract Documents: It is agreed by the parties hereto that the following list of instruments, drawings and documents which are attached hereto, bound herewith or incorporated herein by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full herein : • Scope of Services (attached) • Contract (this instrument) B. City Obligations/Confidentiality : The City shall provide Consultant with reports and such other data as may be available to the City and reasonably required by Consultant to perform hereunder. No project information shall be disclosed by Consultant to third parties without prior written consent of the City or pursuant to a lawful Court Order directing such disclosure . All documents provided by the City to Consultant shall be returned to the City . Con sultant is authorized by the City to retain copies of such data and materials at Consultant's expense . • • Contract & Scope of Work • Denver City Restorations, Virginia Steele 2 C. Scope of Services: The Consultant agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in attached Scope of Services . D . lndemnificatjon : The Consultant agrees to indemnify and hold harmless the City, and its officers and its employees, from and against all liability, claims, demands, and expenses, including court costs and attorney fees, on account of any injury, loss, or damage, which arise out of or are in any manner connected with the work to be performed under this Agreement, if such injury, loss, or damage is caused in whole or in party by the negligent act of omission, error, professional error, mistake, accident, or other fault of the Consultant, any subcontractor of the Consultant, or any officer, employee, or agent of the Consultant. The obligations of this Section D shall not apply to damages which the City shall become liable by final judgment to pay a third party as the result of the negligent act or omission, error, professional error, mistake, accident, or other fault of the City of Englewood . E. Terms of Performance: The Consultant agrees to undertake the performance of the work under this Amendment to Contract within ten (10) days from being noti'ied to commence work by the Director of Community Development and agrees co fully complete said work within the time frame detailed in the attached Scope of Services, plus such extension or extensions of time, requested in writing, as may be granted by the Director of Community Development. F. Ownership of Work Product: Upon payment to Consultant pursuant to this Agreement, all work, data, drawings, designs, plans, reports, computer programs (non- proprietary), computer input and output, analyses, maps, or any other materials developed for this project are and shall be the sole and exclusive property of the City. However, any reuse of the documents by the City without prior written authorization by Consultant other than fer the specific intended purpose of this Agreement will be at the City's sole risk. The Consultant will provide the City with a ten (10) day written notice prior to disposal of project documents it has retained during which time the City may take physical possession of same at the storage site . G . Terms of Payment : The City agrees to pay the Consultant for the performance of all the work required under this contract, and the Consultant agrees to accept as his full and only compensation therefore, such sum or sums of money as may be proper in ac cordance with the price or prices set forth in the Consultant's fee schedule hereto attached and made a part hereof, the total cost thereof not to exceed Twenty-one thousand dollars ($21 ,000.00). H . Approprjation of Funds : At present, $21,000 .00 has been appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the event no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever in any following fiscal period, the City may terminate this contract. .. . -· ... . ' ... "' .. • • Contract & Scope of Work • Denver City Restorations, Virginia Steele 3 The City shall immediately notify OCR or its assignee of such occurrence in the event of such termination. All work accomplished by the Consultant prior to the date of such termination shall be recorded and tangible work documents shall be transferred to and become the sole property of the City prior to payment for services rendered. I. Contract Binding: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto, their heirs, executors, administrator, assigns, and successors. J. Laws to be Observed: The Consultant shall be cognizant of all Federal and State laws and local ordinances and regulations which in any manner affect those engaged or employed in the work or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, and shall at all times observe and comply with all such existing laws, ordinances, regulations, and decrees, and shall protect and indemnify the City against any claim or liability arising solely from or based solely on the violations of any such law, ordinance, regulation, order or decree, whether by itself, its sub-consultants, agents or employees. K. Termination and Assjgnment of Contract: The Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this contract, and that it has not paid or agreed to pay any company or person, other than bona fide employees working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach or violation of this warranty, the City will have the right to annul this contract without liability, or, in its discretion to deduct from the contract price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. It is the intent hereunder to secure the personal services of the Consultant, in manner aforesaid, and this contract shall not be assigned, sublet or transferred without the consent, in writing of the City. L , Terminatjon: This Agreement may be canceled by either party providing thirty (30) day notice to the other party . M. Inspections. Reviews and Audjts : During all phases of the work and services to be provided hereunder the Consultant agrees to establish a working office at a place agreeable to the City, and permit duly authorized agents and employees of the City to enter the Consultant's offices for the purpose of inspections, reviews and audits during the normal working hours. Reviews may also be accomplished at meetings that are arranged at mutually agreeable times and places . Consultant and its sub-consultants shall maintain all books, documents, papers, accounting records and other evidence pertaining to costs incurred and shall make such material s available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract, for inspection by the City, or any authorized representatives of the City, and copies thereof shall be furni shed if requested . • ' • • Contract & Scope of Work • Denver City Restorations, Virginia Steele 4 N. Disputes: Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement will be decided by the Community Development Director for the City of Englewood. The decision of the Community Development Director will be final and conclusive unless, within 30 days after the date of receipt of a copy of such written decision, the Consultant mails or otherwise furnishes to the City a written appeal addressed to the Community Development Director of the City of Englewood. In connection with any appeal proceeding under this clause, the Consultant shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Consultant shall proceed diligently with the performance of the contract in accordance with the Community Development Director's decision. The decision of the Community Development Director or his duly authorized representative for the determination of such appeals will be final and conclusive. This disputes clause does not preclude consideration of questions of law in connections with decisions provided for in Paragraph above. Nothing in this contract, however, shall be construed as making final the decision of any administrative official, representative, or board on a question of law. IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written. This Contract may be executed in counterparts. CITY OF ENGLEWOOD Party of the First Part Michael Flaherty Assistant City Manager Robert Simpson Director of Community Development Consultant: Denver City Restorations Party of~ Second Part by (sign) _________________ _ Virginia R. Steele, President I 2 3 4 5 Contract & Scope of Work • Denver City Restorations, Virginia Steele 5 SCOPE OF WORK· 01 Englewood Centennial 2003 0201-0002-01 O 1.1 Execute the strategic plan for the 2003 Englewood Centennial including goals and objectives, coordination of the ECCC, management of the Legacy Committee, projects, generation of a contacts and resources database, and assistance to the Action Committees in coordination with the City of Englewood staff, Centennial Committee, and the community. 02 Skerritt House 1201-0004-o2 02.1 Coordinate contract closeout of State Historical Fund (SHF) grant for the Skerritt House stabilization project and administer any 2003 SHF grant programs. 01 Englewood Depot O&OS-0000-01 O 1 .1 Act as liaison between the City of Englewood, preservation groups, project architect, state and federal preservation agencies, and developers for the Englewood Depot project. and provide technical assistance to Community Development staff. OS Cuhural Resource Manqement 0802-0002-05 Conduct Phase I of a cultural resource management project to survey and inventory local business and residential structures. Project products to include: 05 .1 Historical context statement research report 05.2 Architectural context statement research report 05.3 Maps and photographs of all surveyed properties 05 .4 Database and survey/inventory forms for an estimated 100 pre 1945 structures along the Broadway Commercial Corridor bounded by City limits on the south and Kenyon Avenue on the north. 02 landmark Ordinance 0804-ooo2-02 02 .1 Review and make recommendations to update the landmark ordinance procedures and develop criteria for evaluation of proposed local landmark properties or districts. 02 .2 Provide technical preservation planning services, e.g., design guidelines for alterations to existing properties, 02.3 Provide a standard nomination form for properties requesting desigNtion .. Schedule Dept/Div/Task# Task C ... Date CMO Englewood Centennial 2003 December 31, 2003 0201-0002-01 CMO Skerritt House March 31, 2003 1201-0004-o2 CD/Long Range Ping Englewood Depot December 31 , 2003 0805-0000-01 CD/Business Devel Cultural Resources Management March 31, 2003 0802-0002-0S CD/Current Ping Landmark Ordinance March 31, 2003 0804-0002-02 Towl I Professional Services Professional Services at the hourly rate of $35 for additioNI worlc as agreed to In writing. Amount $8,000 $2,000 $1,500 $7,000 $2,500 $21,000 COUNCIL COMMUNICATION DATE: AGENDA ITEM SUBJECT: December 16, 2002 J1,cv \ DOLA Grant Consultant Contract INmATEDBY: .I STAFF SOURCE: Harold J. Stitt. Senior Community Development Planner PREVIOUS COUNCIL ACTION; In 2002, City Council adopted Ordinance Number 18, Series of 2002 approving an Inter- Governmental Agreement (IGA) between the City of Englewood and the Colorado Department of Local Affairs (DOLA) for a $31,000 Heritage Planning Grant funding a study focused on the transit influence areas of both the Englewood LRT Station and the Oxford LRT Stadon. RECOMMENDED ACTION; BAcgc;aouNQ; In early 2002 the City applied for and received a $31,000 grant award to plan for anticipated development within the influence areas of two llaht rail s&alions, Englewood and Oxford. The proposed contractor, Leland Consulting Group along with Carter Burgess wil provide lhe folowin1 services: Stakeholder Workshop, Define MMket Contect, Oemind Analysis, Define Physical Context, Development Opportunities Analysis. Station Area Deflnillon, Station Area Framework Plans, Development Pro Formas and FiNncill Analysis, Lona Ranae Development Analysis. Station Area Plan, and Developer/Investor Marketing Materials (Optional). FINANCIAL IMPACT; Englewood will rec eive $31 ,000 in three payments during the one-year term of the aareement The ba lance of th e contract cost is budgeted from 2002 Community Development funds. Community Developm ent staff will administer th is contrac t No additional financial impacts have been iden tified. LISJ OF ATIACHMENJS; Scope of W ork • t • • OXFORD & ENGLEWOOD LRT STATION AREA PLANS ScOPE OF WORK 8 NOVEMBER 2002 1he following scope of work is principally based on our recent conversation regarding your objectives for this assignment, experience working with teams programming transit and redevelopment corridors, as well as research of public and private sector efforts in other markets. Work Tab 1.0 St11ulioldn Worbliops -Facilitate stakeholder workshops / meetings. The intent of the workshops will be to solicit input, educate participants and forge public-private relationships between the City and members of the residential, business, financial and development communities. 1he outcome of these workshops will be stakeholder-supported market-based development concepts. We do not anticipate that the total number of meetings will exceed three per station (No. 1 -Existing Conditions (review and comment); No. 2 -Framework Plan (review and comment); No. 3-Station Area Plan (review and comment)) . However, we are committed to being flexible enough to respond to issues as they arise. Nott : W1rtrr possible, 11ttmders for workshops 11nd public m«tings should include tlit following groups, 11t II minimum: midentilll community (e .g., midents, property owners, ntigllborliood IIISOCilltion rqmenllltivts, etc.); tlit lnlsinns ll1UI fin,nu:illl community (t.g., merchtmts' asocilltions, property oamns, businas arvnns, ma mrploym. /nulm, etc.); tlit dtvtlopmmt community (rsl estate dewlopns, property """"'fffl· ma lnokns, ttc.); tlit tnt1ironmmllll C0111111unity (e.g., concmttd midents, mvironmmllll specilllists: ttc.); 11nd public i,gttlCits (e .g., key City decision mdns, • City st11ff, RTD slllff, utility compony rqmentlltivts, rtrkvelopment 11gmcy slllff, ACE members , ttc.). 2.0 M•rktt Co,itext -Assemble a core of knowledge on market (land use, ownership, sale and lease rates, etc .), financial (districts, land values, incentives, etc.), physical (infrastructure, transportation. etc.) and regulatory (policies, plans, codes, etc.) indicators (community-wide and corridor specific) which will impact future development within the station areas. 3.0 Dmt.nd An11lysis -Quantify market demand for select land uses in the short· term {5 yurs), mid-term {5 to 10 years) and long-term (10 + years). Esliinates will be calculated for the trade area and corridor in light of local. regiOMl and/o r s ta bon area-specific plans and include forecasts reflective of the im~ of pla.Med transit improvements. • . . , . • • 2 4.0 Physical Context -Catalogue existing physical improvements and features in the vicinity of the stations. Information to be documented will include land uses, existing character, landmarks, blighted areas and structures, potential coMections, underutilized lands and potential opportunities for development and redevelopment. 5 .0 Development O,,,ortunitics An1dysis -Identify site-specific (re)development opportunities presented by planned transit improvements and market trends in the region. Conclusions will be drawn from completion of previous work tasks, and considering development issues specifically related to transit corridors (TOD) and real estate development. 6.0 Stlltion Area Definition -Define the station area influence area (both stations) based on the location of opportunity sites; the relationship of uses in the vicinity of the stations; market opportunities; ownership patterns; and, public infrastructure. 7.0 St11tion A~11 Franwwork Pl11u -Together with City project representatives, prepare a preferred development program for each of the station areas. 1he results of the market and physical analyses will be used to define the basic parameters for land use, density, parking ratios and tenant mix for each program. 8.0 lnwlOJ'ffl"'t Pro F-aA FiluuN:ull Aulpis -For sites considered feasible for early development, or ·catalyst"' sites within the station areas, prepare an estimate of development costs, a pro forma financial analysis including revenues and, in the case of income-producing properties, operating expenses, a pro forma profit and loss stamnent, and a five-yar cash flow projection. 11ic rmuts of this 1111111ys;s tllill form the IIIISis for ph,,sing """ imp/elnffltlltion l'fflJlftfflffltions. 9.0 Lo,ig Rap OcwlOJ'ffl"'t Aiulysis -Formulate sets of strategies for the short- term that lead to long-term change desired by the City and concerned owners and developers of properties within the station influence areas. 1be consultant team will work with the City to define specific action items to carry forward the framework plans to implementation. 1hese action items could include specific zoning tools, development incentives, property assemblage, infrastructure improvements, financing mechanisms and business support programs. 10.0 St11tion Area Pilln -Describe and document the preferred long-term development concept for the sqtion areas. Identify specific tranait-oriented uses and desirable phasing ol development within a twenty-year plaMing horizon. Incorporate a list of actions to implement the plans and coordinate with other citywide efforts. lELANO CONSlll TING GIOllP Ru/ Eslat, S1ra1,,u1s ,,. Sod c.,io,,t s-0.-. c...... ,oio, l'H JOJ 451 5100 / IX 30J 451 5420 .,,..., ltl•""'°"u/11•1 c•• ,. t .. ,• • • 3 11.0 lhwlopn/lll'llettor Marlceti11g M11tm11b (Optio1111l) -Compile market and economic information for opportunity sites within the station areas in a marketing "package" for uae in soliciting potential developers/ investors. These marketing materials can be prepared in a variety of formats, depending on the ultimate audience, but will likely include information on the following: description of station area and planning process; future plans for station improvements; market opportunities within the stations; potential catalyst pra;ects; prototypical development programs for catalyst sites; preliminary development economics; and, potential Incentives available for development/redevelopment PROJECT BUDGET AND TIMING Project Timing: Project Budget: LCGStaff: CB Staff: 4to5Months $55,000 (Not Including "Optional" Items) Anne Ricker, Principal-In-Charge Bill Cunningham. Project Manager Steve Wile sky, Designer Jennifer Merer, Landlcape Architect Bill Sirois, Transportation Planner l.ELANDCONSULTINC GaouP Itta/ £,tat, Strat11l•U "· Soldll ~ s-. 0.-; C--m>f PH JOJ .Ul .5100 I FX JOJ .UI.SUO ..... ,,, •• ,,unlt••r -c•• COUNCIL COMMUNICATION Date Subject December 16, 2002 South Broadway Corridor Plan INmATEDBY STAFFSOURa Community Development Mark Graham, Senior Planner PREVIOUS COUNCIL ACTION • The Council established the Economic Development Goal of working with all business sectors and improving the business dimate and opportunities within Englewood. • The Council has provided several years of support for implementing the South Broadway Action Plan such as continued support for the programs that assists businesses with renovating their fa~des. RECOMMENDED ACTION Staff requests that Council \~and BACKGROUND The referenced contract provides for Leland Consulting Group together with Civitas to build on the South Broadway Market Analysis completed in 2000 and the 1997 South Broadway Action Plan. The proposed contract for professional services includes meetings with Broadway stakeholders as well as an inventory, assessment and documentation of public and private improvements. Staff anticipates that the meetings and assessments will lead to recommendations for development and regulatory reform that will enhance Broadway as a retail and mixed use location. FINANCIAL IMPACT The South Broadway Corridor Plan is in the Community Development work program for 2003 and budgeted in the 2003 Budget approved by Council. AITACHMENT Scope of Work SOUTH BROADWAY CORRIDOR PLAN ScOPE OF WORI< 8 NOVEMBER 2002 0 The following scope of work is principally based on our recent conversation regarding your objectives for this assignment. experience working with communities promoting the revitalization of commercial corridors, as well as research of public and private sector efforts in other markets . Project Objectiws Revitalize the corridor Redevelop key nodes Support multiple modes of transportation Increase retail spending Improve opportunities for workforce housing Reposition underused properties for redevelopment WorkTaks 1.0 Stakeholder InvolVffllfflt -Meet with project participants (including property owners) to obtain information related to the study area, assess perceptions and identify future needs. The formats suggested for these forums are one-on-one interviews and small group meetings. In addition. organize round table discussions with potential stakeholder groups as needed. Stakeholders would include developers. lenders, representatives from public agencies, elected officials, representatives of neighboring communities who would eventually be a part c:,f the implementation of future projects. - 20: Field Survey and Verification -Complete field and site surveys to identify select conditions present within the corridor, their location and extent. and other deficiencies. Collect relevant information on public facilities, parcelization. street layout. parking. land use, utilities, code violations, ownership, and other appropriate data. ·Ground-truth• business inventory with ownership records and categorize across several data points. Note : Tht level of docummtation ""'Y li'lll'Y by -,-t of thtr corrillor ilepmding on 1M dnirrd strategy for rrdevelopment. 3.0 Physical Siu Analysis -Catalogue existing physical improvements and features through photographs, surveys and planl. Thil la.ANO CONSULTING G RO UP Ru/ Es t•tt Strat11ut1 ,, ' .. .. • • 2 information will assist in documenting existing character, landmarks, transit use, underutilized lands and potential opportunities for development and redevelopment 4.0 Bae M11pping -Prepare a series of base maps to doc:wnent the location and condition of selected information including. i.e., study area and area of influence, easements, neighborhood designation. zoning. land use, bus routes, pedestrian. bicycle and vehicular access and other physical. market and political information. The purpose of the base maps will be twofold -provide the cities with an illustrative measure for change and targeted investment and, meet legislative requirement for establishment of potential funding entities. (To~ complmd by City stllff) S.0 Economic/ M11rut ~t -Complete economic and market recoMaissance in order to become familiar with conditions in the corridor and its influence (trade) area -through site inspections (I'ask 2.0), review of relevant studies and reports, and inllervil!ws with key leaders and advocates -gain a working knowledge of prevailing factors which are affecting investment Collect and analyze relevant information on key indicators including consumer expenditure patterns, ~ valuation, property ownership and values, economic and demographic characteristics, land prices, etc. Evaluate the strengths and wakNINs of the area's economic and market base with relationship to local and regional trends. in order to identify the underlying ca-ol growth and development and the potential for vuious nicM land me opportunities in the study area. Quantify demand by land Ule. and product type . (LCG will Uk dlltll cowtllined within tltt South B~ Mllrlret Study. t~tlttr with IIVllilllble 2000 dlatll a II bat for curmit estim11tn 11nd proj«tums.) 6.0 Pnlintillll,y lhwlopmat Conapt, -Based on the findings of the market analysis, as well as insight gained through the completion of previous tasks, (indicators and trends), identify development opportunities. and quantify market potential and the capacity ol the local delivery system. Together with the cities' pro;.ct rep..-tativel and staff, prepare development program altematiwl for the corridor and select activity nodes illustrating land UN, density and lllnant mix. For each of the activity node. document the !.xation and coadftiorl ol selected information including: uw of influence, neighborhood coMections, supporting/~ parcels, regulatmy bnpects, and other factors which will impact support invatment. lELAND CONSUL TINC CllouP Ru/ E sl QII s,,.,,, .. ,. .. • t ·"'-: .. .. • • 3 7.0 0-lopmmt Pro Fomuu 111111 FUIIIIICUII Alu&lpu -<P"-II ta bt canrplewl under a ~t contract) For siles considered feuibJe for early (re)development. prepare an estimate of development cmll. a pro fonna financial analysis including revenues and, in the ca. of income-producing properties, operating expenses, a pro forma profit and 1cm stall!lllent. and a five-year cash flow projection. B.O lmpkmoitlltum Stn&tqy -Information from the previous tub will be Uled to formulate lets of strategies for the short-term that ad to long·ll!rm chanpl desired by the Qty and concerned ownen and deveJopen of p1opertiel within the corridor. The consultant ll!alll will work with the City ID define specific action items lo carry forward the corridor plan elements ID Implementation. These action ill!llls could include specific :r.oning tools, cla,.elopment lncentivel, financing mechanisms, design standards, key public pn,jects and bulil.- support programs. 9.0 0-lopffllnvator Maricm,,g Mllkrillu (To bt a,mpletal c:oop,Nliwly with *fl) -Compile market and economic information for •calalylt" projectl within identified areas in a marketing • package# for ua in soliciting polllntial developers/investon to the corridor. These marketing mall!riala can be prepared in a variety of formats, depending on the ultilllallt audience, but will likely include information on the following: Delcription of pro;ec:t sillt(s) -Completed and future plans for corridor lmprovmmdl -Market opportunities within the corridor -Prototypical clevelopamlt programs for catalyst aitll(s) -'Preliminary development econolllicl -Potential incentive available for development/ redevelopment JO.O 0-tatioa • f.....,. -Prepare a doc:uDmlt which IUIIIIIIAriaa market. t!COIIOll\ic and physical concUtions .,.....t in the corridor. 11w final report format will be detiennined (collaboratively) with the clilnt -.111 order to meet your coUective objectives related ID dilleminatiall al Information. inclusion in other reports, education of the community and pramllltian ID various audiences. · PROJECT BUDGET AND TIMINC Pro;ect Timing: Project Budget: LCCStaff: Civitu Staff: 2 lo 3 Months (Spring Adoption by Coundl) S.W.000 (Not Including ha&. Optianal Taab) Ame lticlla, Prlndpal-Jn.Chup 8W Cunningham. ProjKt Manlpr Eric Andenon Lil.AND CONSULTINC Ciaol.lP ltul Ea1a1, S1,a111111, t • • 1. 2 . 3 . 4 . 5 . MONDAY, DECEMBER 16, 2002 7:30 P.M. Englewood Civic Center -Council Chambers 1000 Englewood Parkway Englewood, CO 80110 Call to order. '7: t/(J ~ Invocation. n~ Pledge of Allegiance .. ~ RollCall. ~ 0 a. Joe Serrano, Chair of Keep Englewood Beautiful, will present the awards for the Keep ~lewoocfBeautiful Holiday Lighting Event - ' • • En~lewood City Council Agenda r .!cember t 6, 2002 Page 2 10. a. Approval of Ordinances on First Reading . I Jtt -JifJ 7 /l)IJ--/ (!_-/ i. ii. Council Bill No. 69 -Recommendation from the Department of Safety Services To aaopt a bill for an ordinance accepting Victim Assistance and Law Enforcement Grant for 2003 in the amount of S 15,000. STAFF SOURCE: Chris Olson, Director of Safety Services. Council Bill No. lL· Recommendation from the City Attorney's Office to adopt a bill for an ordinance approving amendments to sections of the Englewood Municipal Code pertaining to Boards and Commissions. STAFF SOURCE: Nancy Reid, Assistant City Attorney. iii. Council Bill No. 73 • Recommendation from the Finance and Administrative Services Department to adopt a bill for an ordinance adopting amendments to the City of Englewood NonEmergency Retirement Plan Document STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Services. iv . Council Bill No 74 · Recommendation from the Finance and Administrative Services Department to adopt a bill for an ordinance adopting amendments to the City of Englewood Firefighters Pension Plan Document STAFF SOURCE: frank Gryglewicz, Director of finance and Administrative Services. • v . Council Bill No. 75 -Recommendation from the Finance and Administrative Services Department to adopt a bill for an ordinance adopting amendments to the City of Englewood Police Officers Pension Plan Document STAFF SOURCE: Frank Gryglewicz, Director of Finance and Administrative Semc:es. vi. Council Bill No. 70 • Recommendation from the Englewood Environmental Foundation to adopt a bill for an ordinance approving a transfer of property located on the north side of Englewood Parkway from the City of Englewood to the Englewood Environmental Foundation (EEF). STAFF SOURCES: Robert Simpson and Rick Kahm, EnglENOOd Environmental foundation. vii . Council Bill No. 71 • Recommendation from the Englewood Environmental Foundation to ~pt a bill for an ordinance approving the dedication of a right- of-way on Englewood Parkway and northeast ·corner of S. Elati Street at West Hampden Place. STAFF SOURCE: lick lahm, Capital Projects Director/Hf Director. b . Approval of Ordinances on Second Reading . Council Bill No. 6 7, authorizing a City Ditch License Agreement and Construction Easement for 4663 S. Mariposa Drive. t .. • • --.. w (J Englewood City Council Agenda December 16, 2002 Page 3 C. i. Regular Agenda . a: Approval of <;)rdinances on First Reading. i. .council Bill No. 76 -Recommendation from the Departments of Information Technology and Public Works to adopt a bill for an ordinance approving a right- ?-{) of-way use agreement with Ricochet Networks, Inc. STAFF SOURCES: Daw In le, Di~or f lnforma · logy and Ken ~oss, Director of Public Council Bill No. 8 ecommendation from the Public Works aaopt a bill for an ordinance amending Title 11, Chapter 1 of the Engl-·,..,..,..--... Municipal Code to change the lawful speed limit on local streets in residential eas to 25 mph. STAFF SOURCE: Ken Rou Directo . b. Approval of Ordinances on Second Reading. ,,.er c . Resolutions and Motions. i. Recommendation from the Englewood Environmental Foundation to adopt a J43 resolution supporting the proposed development agreement between the Englewood Environmental Foundation and Development Solutions Group, LLC for redevelopment of the former City Hall property at 3400 South Elati Street STAFF SOURC~: Rick Kahm and Robert Simpson, Englewood Environmental Foundation. / }UJlA./"-"' ii. Recommendati;;;;m ~h: Pnglewood Environmental Foundation to adopt a II)// resolution supporting a non-exclusive ingress/egress easement agreement with /I Ii T Situs Enterprises to accommodate the new alignment of Englewood Parkway. -/1 ~f) 7) STAFF S?URCES: Rlc~hm_,rd .RGl,ert s~o!!~ Environmental ..,fr. rv Foundation. / -Oflf(,,;J-VV ~ you Mve a disability and need auxiliuy aids or WfflCft, please die Oly ol E•wood (30 3-762-2.tO S) al least '8 houn in advance of when semces aft needed. Thull you . t ... .. • • Englewood City Council Agenda December 16, 2002 Page 4 v. Recommendation from the Community Development Department to approve, . by ~. a Professional Services Contract with Leland Consulting Group for n-0 Englewood/Oxford Lig ii S ation Studies. STAFF SOURCE: Harold Stitt, ·r· Senior Planner. 12. General Discussion. a. Mayor's Choice. 13 . b. Council ~:mbers' Choice.@ City Manager's Report. q City Attorney's Report. 14. Adjo"mm,(/; !J~ The following minutes were transmitted to City Council between November 2002: Englewood Housing Authority meetings of September ij and October 2 Englewood Public Library meeting of November 12, 2002 .. . . • • . .. ... ~ Pie-note: If you llave a diuliillly wl llffcl......,. _ • IIMCIII, ,_.. Mllfr .. Clly of E 1af 1wood (JOJ-762-2405) at INlt 41 haun In MWMce of.._ ...... -...._ 1llalll yell. • t . . • ~ ·• • • ---- -~ -.Y1,,A. h. -,---PF~· --------= --v,.~v -----, tlht,I_ 1./" ___ _, --- l. --t-~---... ~ ~ ------ ?.~) ~l-/~~ ~,JtY{) ~ -- -- ' .. •' . .. . 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