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HomeMy WebLinkAbout2000-07-17 (Regular) Meeting Agenda0 -.. FLASHER ( do not microfilm this page) Start here with: • • I · Et4Js J).~ 1a loo • • • • • • - REGULAR CITY COUNCIL ~E ET IXG JULY 17, 2000 Ordinance (/ ,r. Jt(. ~. i. 51, 52, 53, 54, 55 Resolution1 II /. L/,~./s./, y/. ~ ~ 63. 6/,,f. ~ ~ ~ ~ -/./,n, 73, 74 , 7S , 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, • ... .. ... • 0 • ,- 0 0 I . 0 • • • I . CaU lo Order • • • ENGLEWOOD CITY COUNCIL E~GLE\\'OOD, ARAPAHOE COUNTY, COLORADO Regular Session July 17. 2000 .. The regular meeting of !he Englewood Ci1 y Co uncil was called 10 o rder by Mayor Burns al 7 :4 7 p.m. 1. I n,·ocation The invocauo n -.·a g,,en by Mayor Burns. 3. ~ of Alleglaar,e }"he Pledge o f Allegiance was led by Ma yor Burns. 4 . RoUC.U Present Ab.ent: A quo rum wa s presenl. Also presenl : 5 . Mlnulff Council Members Grazuli s. Garren. Brad haw. Wo lo,yn , Yurch,ck. Bums Council Member Nabho lz C n y Manager Sears C n y Ano mey Bro1zman C oty Clerk Elhs Directo r Olson. Safely Sen•ice PlanneT Lango n. Community Develo pmen1 Director Grygle-.•ocz. Finance and Administra1ive Service s and Executive Director of the Englewood Urban Renewal Authoruy Assistanl Ci1 y Manager Flahcny Directo r Black. Parks and Recrea1i o n (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF JUNE 26, 2000 . Ayes : Council Members Garrett. Bradshaw. Wo lo,yn. Yurch,c k. Burns Nays: No ne Abstain: Council Member Grazulis Absent: Council Member Nabho lz Motion carried. 6 . Scfleduled Visitors There were no scheduled vbilo rs. 7 . Noa-scheduled Visitors There were no non-scheduled visilors. 8. ComnNIDicatioas. Prodaamtions ud Appolatments I • 0 • • • E:ngle•·ood Cil~ Council July 17. 2000 Pagt" 2 .,-. • • - (a ) A procla matio n ho nonng Harold Rust as Eng le "ooct· Ci u zen o f the Year fo r ~000 "a.,. considered. Mayo r Burn; ,lated th at the c e le bration ho oonng Harold Rust took place la,1 week. It \\3s J ,a) n1.:c evening. he ,a,d. a nd II "a, fi lled with many fnend;,. COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPROVE A PROCLAMATION HONORING HAROLD RUST AS ENGLEWOOD·s CITIZEN Of TII E YEA R FOR2000. Motion earned. Na)s· A bsent : Counci l Members Garrett . Brad ha". Wo losyn . Yurc h,c k. Gra ,uli ,. Burns o ne Co uncil Member Nabho lz (b) A proc lamati on declanng August I. 2000 a, Na11 o nal Ni ght Out \\3!, considered . COUNCIL MEMBER BRADSHAW 1\10\IED, AND IT WAS SECO NDED. TO APPRO\'E A PROCLAMATION PROCLAIMING AUG UST I . 2000 AS NATIONAL SIGHT O 'T. A)es: Nays: A bsent : Mo ti o n carried. Council Me m bers Garren . Brad,ha". Wu!,,,) n. Yur.:hi.·k. Graw!". Burns None Counc il Mem ber Nabho lz Mayor Burns presented the procla mation to D,recwr 01,o n Director Olson thanked Council. He noted that \\Cha,.: been o ne llf the nat ,unal leader m u rgJ mzmg the National Night Out for several years now. He co mmented that o un 11 \\a "ell J"are o f 'ant·) Pe ter-on, recent famil y tragedy . She is very active n ght no w ,n the o rgam1.a11o n of Na tio na l ~,~ht O ut . he ,a,d . und I j ust talked to her to night and prett y muc h ha ve asked her not to go m erboard o n Na ti o nal Ni g ht Out th,, year. And I c an tell you right now. Mr. Olson sa,d . that I to ld her ,r \\e do n·1 ha ,c 11 . that ma ) be all nght I do n't want to force her into "'Orkmg like a workaho lit· like ,he norma l!) doe, . pumng a ll thc,e h,iur, ,n whe n ,he ,s still in a m ajor ,tale o f duress. So . he said. we 'll Lr ) to do "hat \\e can. b ut I c an't pro m,;.e 11 will be the best o ne ever. Ho pefu ll y the communit y w,11 rail ) and be able to go out a nd put ll n a g,,od N ight Out again this year. rm sure yo u w,11 understand ,f 11 ,;, no t a, ,uc· essful a II ha s been m the pJ,t, he said . but we're going to give II a try. Mavor Burns said he wo ul d j ust like to comment that ancy Pete rson does a pheno me na l Jo b o n Nat ,onJI N ig ht Out and on whatever she is working o n and Co unc il wishes he r and her fami ly the best a nd \\C extend o ur sympathies to the m . We certainl y understand ,f we just do the best we can o n Nat, na l Night Out this year , he said. but I think her troop wi ll rall y behind her. I full y agree "11h D irec tor Olso n. he said . that Nancy needs to take care of he rself and her fa mily first. Directo r Olson said he a pprecia tes that and he wo uld let her kno w. (c ) A le tte r fro m Kri ste n G illmo n indicati ng he r resignat ion fro m the Keep E ng le \\ood Beautiful Commissio n was considered . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION Of KRISTEN GILLMON FROM THE KEEP ENGLEWOOD BEA Tit' L COMMISSION. Council Me mber Bradsha w no ted she is resigning because she is leavin g fo r coll ege o n her Boe tt c he r Scholarship. Vote resulls: I • 0 ,-------~~~~------~,,_.....-,-------.......-------,-------.. ---,- • • .. Englewood City Council July 17, 2000 P•3 Ayes: Nays : Absent: Mo tio n e arned . • ... • - CoU1lC1l Memben. Garren . Brad ha\\. Wo lo yn. Yurc hac l . ,ra1ul1>. Bum, None Council Member Na bho lz Mayor Burns stated. on behalf of Council. that the~ "''h Ms. Gallmo n the be,t in her colle ge aree r .1ha1 she has been a terrific member of Keep Englewood Beaut a fut and they are ,·e ry pro ud o f he r. (d ) A letter from J. L. Barnes indicating her resagnau o n fro m lhe Kee p E ng lewood Beau11 ful Co mmissio n was considered. COUNCIL MEMBER WOWSYN MOVED. AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF J. L BARNES FROM THE KEEP ENGLEWOOD BEAUTIF L COMMISSION. Ayes : Nays: Absent : Mou n carried. Co unc il Members Garrett. Brad haw. Wo losyn . Yur ha c k . Grazuh,. Burns None Counc il Member Nabho lz (c) A re.olution appointing Ka1h y l\shenfeher lO 1he Engle \\nod Do ,,nt0 \\11 Dc,el o pment Auth<mt y \\as considered. The resolu11o n was assigned a number and read by title: RESOL TION NO. 54. SERlES OF 2000 A RESOLUTION REAPPOINTING KATHY ASHENFELTER T O THE E NGLEWOOD DOW NTOWN DEVELOPMENT AUTHORITY . COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPRO\'E AGENDA ITEM 8 (e) • REiOLUTION NO. 54, SERIES OF 2000. Ayes: Council Members Garren. Bradshaw. Wo losyn . Yurc ha c l . Grazuh;. Burns None Co unc il Member Nabho lz Na ys : Absent : Motion carried. (f) A resoluuo n reappointing Lauren Barrentine to the E nglewood Liquor L1cens1ng Authority was considered. The resolution was assigned a number and read by title : RESOLUTION NO. 55. SERIES OF 2000 A RESOLUTION REAPPOINTING LAURETT BARRENTINE TO THE E NGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (0 • RESOLUTION NO. 55, SERIES OF 2000. Ayes: Council Member Garrett. Bradshaw. Wo losyn. Yurc hi c k. Grazuhs, Bums None Council Member Nabholz Nays : Absent: Motion carried . I • 0 • • • Engle,.·ood City Council July 17. 2000 Page4 J ...... • • -.. (g) A resoluti n appointing Da\ld Brereto n to the Keep Engle\\ood Beauttful Comm1ss1on was considered . The reso lutt o n was a signed a num ber and read by tot le : RESOL T IO N NO. 56 , SERIES OF 2000 A RESOLUTION APPOINTING DAV ID BRERETON TO THE KEEP ENGLEWOOD BEA T I Fl'L COMMI SSION FOR THE C ITY OF EN GLEWOOD. COLOR ADO . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO A PPRO\'E AG EN D A ITEM 8 (&) • RFSOLUTION NO. 56, SERIES OF 2000. Aye s : Counci l Members Garre tt . Bradsha\\. Wo losyn. Yurchic~. Grazuh,. Bums Nays: None Absent : Counci l Me mber Nabh o lz. Mo tio n carried. (h) A resolut ion reappointi ng Enc Berto luzzi to th e Englewood C ultura l Art, Commissio n wa s co nsidered . The resolutio n was assigned a number and read by title : RESOLUTION NO. 57. SE RIES OF 2000 A RESOLUTION REAPPOINTIN G ERIC BERTOL 221 TO THE C LTL R L ART COMMI SIO:S: FOR THE C ITY O F ENGLE WOOD. COLORADO. COUNCIL MEMBER WOLOS\'N MOVED, AND IT WAS SECONDED. TO APPRO\'E AGE SD.\ ITEM 8 (Ii) • RFSOLUTION NO. 57, SERIES OF 2000. Aye s : Council Members Garrett . Brad ha". Wokh)n. Yurchic~. GrJzulh. Burns Nays: None Absent : Council Me mber Nabho lz Motio n carried . Mayor Burns presented a certifi cate and C ity pin to Mr. Be rto luzzi. (i) A resolut ion appoint ing G loria Cameron to th e Eng lewood Code Enforcement Advisory Committee was considered . Counc il Member Bradshaw noted the resoluuo n i wrong. but the Agenda Item is correct and M . Camernn will be appointed to the Eng lewood Code Enforce me nt Ad visory Committ ee. She advised th ey need that changed in the title of the resolut ion. !Cle rk 's note : The resolution indicates Ms . Cameron b being appointed to the Keep Englewood Beauti ful Commission .I COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AG EN D A ITEM 8 (I). RFSOLUTION NO. 58, SERIES OF 2000 AS AMENDED. The resolutio n was assigned a number and read by title : RESOLUTION NO. 58 . SERI ES OF 2000 A RESOLUTION APPOINTING G LORI A C AMERON TO THE CODE ENFORCEMENT ADVISORY C OMMITIEE FOR THE C ITY OF E NGLEWOOD. COLORADO. Vote results: I • 0 • • • • • • En&lewood City Coundl July 17, 2000 PqeS Ayes: Nays: Absent: Co uncil Members Garrett . Bradsha\\. \V o lo yn. Yurch1 I.. Grazuh,. Bum, None Council Member abho lz (j) A resolution appointing Opal Doane to the Malley Center Trust Fund Board ".i, considered. The resolution was assigned a number and read by title: RESOLUTION NO. 59. SERIES OF 2000 A RESOLUTION APPOINTING OPAL DOANE TO THE MALLEY CENTER TRU T FU :'\DB AR D FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WOWSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 0). RESOLUTION NO. 59, SERIES OF 2000. Ayes: Council Members Garrett. Bradshaw. Wo los yn . Yurc h1 c l.. Grazuh,. Nays: Absent : Motion carried. Bums None Council Member Nabho lz Mayor Bums presented a cenificate and City pin to M,. Doane. (k) A resolution appointing John Goodyear to the Englc"ood Planning and Zoning Commission was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 60. SERIES OF 2000 A RESOLUTION APPOINTING JOHN GOODYEAR TO THE PLAN NI 'G AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 8 (k) • RESOLUTION NO. 60, SERIES OF 2000. Ayes: Co uncil Members Garrett . Bradshaw. Wo losyn. Yurch1ck. Grazul i,. Bums Nays: None Absent : Council Member abho lz Motion carried. (I) A resolution reappointing Kendra Grazuli s as a youth member o f the Eng le " ood Parks and Recreation Commission was considered . The resolution was assigned a number and read by title: RESOLUTION NO. 61. SERIES OF 2000 A RESOLUTION REAPPOINTING KENDRA GRAZULIS AS A YOUTH MEMBER OF THE PARK S AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (I)· RESOLUTION NO. 61, SERIES OF 2000. Ayes: Council Members Garrett, Bradshaw. Wolosyn. Yurch1c k. G razuh s . ... I • • • • Enclewood City Council July 17, 2000 .... , Nays : Absent : Motio n earned. h • • - Bums None Council Member Nabholz Mayor Bums presented a certificate and City pin to Ms . Grazuhs. .. (ml A resolution appointing Deborah Guinther to the Englewood °'"' nt o " n Develupmenl Authority was considered. The resolution was assigned a number and read by title : RESOLUTION NO. 62. SERIES OF 2000 A RESOLUTION APPOINTING DEBORAH G U INTHER TO THE ENGLEWOOD DOW 'TOW. DEVELOPMENT AUTHORITY. COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPRO\'E AGENDA ITEM 8 (m) • RESOLUTION NO. 62. SERIES OF 2000. Ayes: Council Members Garrell. Bradsha". Wo los} n. Yurc h1d . Grazuh,. Burns Nays: None Absent: Council Member Nabholz Motion carried. Mayor Bums presented a certificate and City pm to M,. Guinther (n) A resolution reappointing Sam Kaufman to the En11-le"'oud Downtm,n De,elopmcnt Authority was considered. The resolution was assigned a number and read by !Ille: RESOLUTION NO. 63. SERIES OF 2000 A RESOLUTION REAPPOINTING SAM KAUFMAN TO THE E GLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY FOR THE ITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WOLOS\'N MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (n) • RESOLUTION NO. 63, SERIES OF 2000. Ayes : Council Members Garrett . Bradshaw. Wo losyn . Yurc hick. Grazuh . Bum Nays: None Absent : Council Member Nabho lz Motion carried. (o) A resolution reappointing R . L. Lunders to the Englewood Liquo r Licensing Authonty was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 64. SERIES OF 2000 A RESOLUTION REAPPOINTING R. L. LUNDERS TO THE ENGLEWOOD LIQUOR LICE NSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (o) • RESOLUTION NO. 64, SERIES OF 2CIOO • I • 0 • • Englewood City Council July 17, 2000 Pqe7 ,,!\·, • • -.. Ayes: Council Members Garrett. Bradsha w. Wo losyn . Yurch1 ck. Grazuh,. Burns Motion carried. (p) considered. Nays: None Absent: Council Member Nabholz A resolution reappointing Janet Moore to the Englewood Cult ural Art> Comnrn,,ion "a, The resolution was assigned a number and read by title : RESOLUTION NO. 65. SERlES OF 2000 A RESOLUTION REAPPOINTING JANET MOORE TO THE CULTURAL ARTS COMMI I NF R THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER GRAZULIS MOVFJ>, AND IT WAS SECONDED. TO APPRO\IE AGEND.\ ITEM 8 (p) • RESOLUTION NO. 65, SERIES OF 2000. Ayes : Council Members Garrett. Bradshaw. Wo losyn . Yurc hic k. Grn7Ul". Burns Nays: None Absent : Council Member Nabholz Motion carried. Mayor Bums presented a cenificate and City pin 10 Ms. Moore . (q) A resolution recommending Norlccn Norden for reappointment 10 the Eng le ",~td Housing Authority was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 66. SERIES OF 2000 A RESOLUTION RECOMMENDING NORLEEN NORDEN FOR REAPPOINTMENT TO THE ENGLEWOOD HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLOR ADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPRO\IE AGENDA ITEM 8 (q) · RESOLUTION NO. 66, SERIES OF 2000. Ayes: Council Members Garrett. Bradshaw. Wo losyn. Yurchick . Grazulis. Burns Nays: None Absent : Council Member Nabholz Motion carried. (r) A resolution appointing Heather Radosevich a a youth liai son of the Keep Eng lewood Beautiful Commission was considered . The resolution was assigned a number and read by title : RESOLUTION NO. 67. SERIES OF 2000 A RESOLUTION APPOlNTING HEATHER RADOSEVICH AS A YOUTH LIAISON OF THE KEEP ENGLEWOOD BEAUTlFUL COMMISSION FOR THE C ITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER GRAZULIS MOVFJ>, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (r) • RESOLUTION NO. '7, SERIES OF 2000. Ayes: Council Members Garrett. Bradshaw. Wo losyn, Yurchick. Grazulis. I • 0 • • • ,,,-. • 1· .,. • - Englewood City Council July 17, 2000 Pace8 Nays: Absent: Motion carried. Bums No ne Council Member Nabholz (s) A resolution appointing Vernon Rempel to the Englewood Planning and Zoning Commission was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 68. SERIES OF 2000 A RESOLUTION APPOINTING VERNON REMPEL TO THE PLAN 'ING AND ZON ING COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WOLOS\'N MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (1). RF.SOLUTION NO. 68, SERIF$ OF 2•. Ayes: Council Members Garrett. Bradsha". Wolosyn. Yurchick . Grazuh,. Bums Nays: None Absent: Council Member Nabholz Motion carried. (t) A resolution appointing John Roben s to the Englewood Code Enfo rcement Adv1;,ory Comminee was considered. The resolution was assigned a number and read by tit le: RESOLUTION NO. 69. SERIES OF 2000 A RESOLUTION APPOINTING JOHN ROBERTS TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE'. CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPRO\'E AGENDA ITEM 8 (I) • RESOLUTION NO. 69, SERIF$ OF 2000. Ayes: Council Members Garrett. Bradshaw, Wo lo;,yn. Yurch1 ck. Grazuh ;,. Bums Nays: None Absent: Council Member Nabholz Motion carried . Mayor Bums presented a cen ificate and City pin to Mr. Robens. (u ) A resolution reappointing Tara Ho lmes as a Youth Member to the Park;, and Recreation Commission was considered. The resolution was assigned a number and read by title: RESOLUTION NO. 70, SERIES OF 2000 A RESOLUTION REAPPOINTING TARA HOLMES AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER WOLOSYN MOVID, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 8 (u) • RF.SOLUTION NO. 70, SERIF$ OF~. Ayes: Council Members Garrett, Bradshaw. Wolosyn, Yurch1c k. Grazuhs. Bums • I I • 0 • • • Englewood City Council July 17. 2000 Page9 Nays: Absent: Motion carried. ,,.... .. • •, • - None Counc il !ember Nabho lz Mayor Burns s tated that the member, of the e Bo ard, and Comm1S'10ll> perform invaluable service, hir 1lw City of Englewood and he as ked for a ro und of applause. 9 . Public Hearing (a) COUNCIL MEMBER BR.\DSHAW MOVED. AND IT WAS SECONDED. TO OPEN A PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. "8. AMENDING THE COMPREHENSIVE ZONING ORDINANCE REGARDING TATTOO A ND BOD\' PIERCING ESTABLISHMENTS. Ayes: Nays: Absent : Council Members Garrett. Brad,ha\\. \\'o lo ~n. Yurch1d,. Grazuli,. Burns None Council Member Nabholz Motion carried and the Public Hearing opened . All witnesses were dul y sworn. Planner Langon. Departme nt of Community Development. advised th1> ""' a publi c hearing nn n unc1I Bill Number 48. regarding the amendments to the Comprehens l\ e Zoning Ordinance of !he E ngle,wod Municipal Code pertaining to Tauoo and Body Pierc ing Establi,hmcnls. 'o mce for th 1> public hearing f1r,1 appeared in the E nglewood Hera ld o n June 9. 2000 for the onginal hearing. which wa, scheduled for Jul ) 3. 2000. she said. The nouce for tonight's public hearing appeared 1n the Engle",lod Herald o n June 30. 2000 and she presented those notices to the Clerk. The propo als ha,e gone fon,ard through the Planning and l.oning Commission. and those were considered at public heanng on May 2 o f this year Nouce to 1he owners of the five existing tattoo and body pierc ing establishment, \\Cre sent by certified mail o n April 21 for that pubhc hearing. she said. All notices of receipt "ere returned IO the Communlt) Dcvclopmcn1 department. At that public hearing, s he advised. no one appeared in oppo>1 11o n to the amendment,. Bel ore recommending to the Council. approval of the proposed amendments. the Planning a nd Zoning Commis,ion discussed a number of items. including South Broadway's fu ture . the marketing and e,·o nom1<· de ve lopment of that corridor . grandfathering ... that "allo wing ex 1st mg licensed establ ishme nts to remain. and also distancing requirements with the separation between establishments . But no rauonal nexus o r connection to distancing wa, ide ntified to impose those distancing requirements . The amendme nt , are being bro ught forward because the Com prehensive Zonin g Ordi nance 1, a permissi ve o rdinance. That means a use must be li ,t.ed 1n order for it to be permitted. Tattoo establishments are not speciall y addres;ed within the zoning code. therefore . they are not permitted. However. by poli cy. since August of 1999. tatt oo establishments have been allowed in the B-2 d istrict. s he explained. because several establ ishments hu,e located in the B -2 district over the past few decades. and the lack of zoning and code enforcement perpetuated those uses. M s. Langon stated that there are currently four tattoo e tabli>hment> operating in J four-block area along South Broadway in the 8-2 district. One establishment has closed >1nce these amendments were proposed. The four that are remaining are at 3969. 3970. 41 73. and 4249 South Broadway. she said . referring to the map. T he other reason these amendment, are being brought forward 1;. there was a recent federal court decision that uphe ld the City's proh1b1t1o n of tattoo establis hment, in th~ B- l distric t . Considering the court case and o ur policy, Council directed staff to specificall y address tattoo and body piercing establishments within the Comprehens ive Zoning Ordinance. At the Study Se,s,on n n March 6. 2000. staff presented four alternatives for Council's review. A tier discussion. s he ,aid . Council directed staff to prepare Comprehensive Zoning Ordinance Amendments that would proh1b11 new tanoo establishments in B-2 a nd permit them in 1-1 and 1-2 Industrial Districts . Council Member Bradshaw asked if the one between Quincy and Radc liff had closed. the o ne by the Liquor Barn. M s . Langon said it was Attitude Tattoo that closed . ., I • 0 - • • • ~wood City CouncU July 17, 2000 PllaeJO ,-• • - M s . Bradshaw said she was concerned because it wa not li sted n the map. and n is a major bone of con1.en1i on with the neighbors up there. Ms. Langon said no, the one 1ha1 closed was at 4401. That is AttitudeTattoo. so that would be funhcr south. Council Member Garrett said this one was south of Quincy. M s. Langon said that is right. Ms. Bradshaw said o kay. Co ntinuing. Ms. Langon said the strategy wa based o n two things . First was the K1mlc y Horn and Associates' draft economic market analysis o f the So uth Bro adway corrido r that Council re , 1c"ed. Abo o n that March 6"' study session. the market anal ys1, s uggested rec ruitment of "hat are called 1h1rd pl Jee, or informal gathering places. other than work or ho me. 1ha1 wo uld in rease a commer(·ial , 11a ln~ o f the corridor and encourage pedestrian activity alo ng the South Broadway comdor. The ;ccond nem 1ha1 the strategy was based o n. s he said. was the South Broadway Actio n Plan Amendment to the o mprc hen,i,e Plan that was adopted in 1997. The purpose and direction of that plan was 10 encourage the balance of commercial uses reflective of neighborhood needs 10 strengthen the retail ni c hes a lo ng 1he cornd, rand to revitalize South Broadway. s he advised. To re, iew the proposed amendmem . s he said . first. m 1he B~ Business District it would li st tattoo and body pier ing establishments as prohibited use s m 1ha1 d1 s1nc1. Then, in 1-1 and 1-2. the amendments would h st tattoo and body piercing establishme nt s as permi11ed u,c, in the Industrial Districts. Also, there are five add1t1 o ns to the definit ions, s he said. Those detinitmm, are consistent with Title 5 business and licensing defimti ns . Those definitio n are tattoo. tattoo e,1abhshmen1. body piercing. body piercing establishment. decorative jewelry. o r other decoration. The proposed amendments grant nonconforming use statUJ, to the existing licensed e stabl ishment s in B-2 . That alhi", those existing B -2 tattoo and body piercing e,tabhshment s to remam. They c an be sold. conveyed . or the) can be transferred. as long as a new li cense 1, o btained. and they will be subJect to no nconforming use regulations. M s . Langon !.aid the amendment, prm 1de an exception 10 busine,ses performing o nl y ear piercing as an incidental ser vice . so 1f a Jewelry store ,.,thin B-2 wanted to o ffer j ust ear p1erc mg. they would not be in violation o f th 1, ordinance o r these proposal,. The amendments are based o n providing a location for the use. and d ocs not to tall y prohib11 tattoo o r body pierc ing establishments within the Cit). It specifically names them in the Code and l,'l'andfather, the existing B-2 hcensed busmes e s and al so supports the market analysis of the South Broadway acuon plan. s he said . Council Member Grazulis asked. 1f an exi sting 1anoo parlor was sold to anoth er ind1 v1dual. whether th ey could retain it as s uc h . Ms. Langon responded affirmativel y . Unl e,,. 1f a, a nonconforming use. they wo uld no t mair.tain the ir u,e for 180 days. she allowed. So 1f I sold my busincs 10 you. s he explained. and it look you 179 day, to remodel. retool and get your s igns up and reopen. you would be o kay. If you were pas t that 180 days. )OU would be denied as a non-conforrmng use and terminated. M s. Grazulis asked, regarding the ordinance proposal. rela11ve 10 the definitions. there was o ne that was decorative jewelry or o ther decoration . She as ked 1f that was kind of vague or did ii refer to a lot of different types. Ms. Langon said it is comparable 10 the bus iness li censing and the same definitio n that is in the tattoo and body piercing ordinances. We felt it was important that we keep a consistent definitio n between the three separate ordinances ... the two licensing ordinances and the pcrmilling o rdinance. s he explained. Council Member Yurc hick fe lt it was still vague. Ms. Langon said it was not limited 10 any of those things, that's probably the key word . She said s he wa, certainly open to s uggestio ns. and we could also look at Title 5. Council Member Bradshaw asked if a ll the language was reviewed by the City Attorney's o ffi ce. C it y Attorney Brotzman said yes . I • 0 - • • • Encle,o·ood City Council July 17,2000 Pqell .. • 0 - Mayor Burns advised there was no o ne sig ned up to speal. al the pubh · hearing on th1> me a,ure rcgardmg tattoo and body piercing establtshments. He ext.ended an inv1tauo n to approach o un 11a11h1 s ttme and speak o n this issue. Seeing none. he asked for a motion to close the publtc hearing . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECOSDED. TO CLOSE THE PUBLIC HEARING. Council Members Garren. Bradsha". Wo lo,rn. Yur h,c l.. Grazult ,. Burns Ayes: Nays: Absent: None Council Member Nabho lz Moti o n carried and the Public Hearing closed . 10. Consent Agenda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO APPRO\'E CONSENT AGENDA ITEMS 10 (a) (i). (ii). (iii). (h'I. <•).(•·I). (•·ii). <•·iii) and (ix). 10 (b ) (ii, (iii. (iii ) and (Iv), and 10 (c) (I), (ii) 1111d (Iii). (a) Approval of Ordinance, o n F,r-i Reading (i) COUNCIL BILL NO. 55 . INTROD CED BY O NCIL MEMBER GARRETI A BILL FOR AN ORDLNANCE APPROVING PPLE ME NT 0 . 14 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR 'S AGREEMENT FOR THE I CLUSION OF LA D WI T l·IIN THE DISTRICT BOUNDARIES . (ii) CO NCIL BILL NO. 56. INTROD CED BY CO NC IL MEMB ER GARRETI A BILL FOR AN ORDINANCE APPRO\'I 'GS PPLEMENT NO. 1-19 TO THE O Tl IGATE SANITATION DISTRICT CONN ECTOR'S AGREEMENT FOR THE INC LUS ION OF LAND WITHIN THE DISTRICT BOUNDARLES. (iii) (1) COUNCIL BI LL NO. 57. INTRODUCED BY CO C IL MEMB ER GARRETI A BILL FOR AN ORDINANCE AUTHORIZING A QUIT C LAIM DEED FRO M THE C ITY OF ENGLEWOOD. COLORADO TO JAMES AND GAIL PENS FOR 4 .132 SQUARE FEET ALO G TH E CITY DITCH RIGHT-OF-WAY LOCATED AT-1685 SOUTH MARLPOSA STREET. ENGLEWOOD. COLORADO. (2) COUN CLL BILL NO. 58. INTRODUCED BY COUNCIL ME MB ER GARRETI A BILL FOR AN ORDINANCE AUTHORIZING THE C ITY OF E NGLE WOOD. COLO RADO 'S ACCEPTANCE OF A PERPETUAL CITY DITC H EASEMENT FOR 4.132 SQUARE FEET ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 4685 SOUTH MARIPOSA STREET. (iv ) COUNCIL BILL NO. 59, INTRODUCED BY COUNCIL MEMBER GARRETI A BILL FOR AN ORDINANCE AUTHORlZING AN INTERGOVERNMENTAL AGREEMENT BETWEE N THE C ITY OF ENGLEWOOD. COLORADO AND THE CITY OF C HE RRY HILLS VILLAGE. COLORADO ENTITLED ''AMENDME NT TOW ASTEW ATER COLLECTION SYSTEM MAINTENANCE AGREEMENT -C ITY OF CHERRY HILLS VILLAGE" WITH RESPECT TO THE I • 0 • • • • '•· • - Englewood City Council July 17. 2000 Page 12 MAINTENANCE OF AN AREA IN THE CHERRY HILLS VILLAGE WASTEWATER COLLECTIO . SYSTEM . (v) COUNCIL B£LL NO. 60. INTRODUCED BY COUNCIL MEM BE R GARREIT A BILL FOR AN ORDINANCE ACKNOWLEDGING AN .. EASEMENT AGREEMENT' BETWEEN CHERRY HILLS COUNTRY CLUB AND THE CHERRYMOOR SOUTH WATER AND SA 'ITATION DISTRICT. {vi) COUNCIL BILL NO. 64. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 16. C HAPTER I . SECTION : OF TIIE ENGLEWOOD M U NICIPAL CODE OF 1985 PERTAINING TO ADOPTION OF THE OFFIC IAL ZONING MAP FOR THE CITY OF ENGLEWOOD. COLORADO. (vii ) COUNCIL BrLL NO. 61. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING THE C ITY OF ENGLEWOOD COMPRE HI::. ' l\'I::. PLAN TO INCLUDE A REGIONAL PLAN ELEMENT. AND SCHEDUUNG A PUBLIC HEARING FOR AUGUST 21. 2000 TO GATHER P BLI COMMENT ON COUNCrL B£LL NO. 61. (vii i) COUNCrL BILL NO. 62. INTRODUCE D BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THE PURCHASE OF ARAPAHOE RENT AL PROPERTY BY THE CITY OF ENGLEWOOD, COLORADO. (ix) COUNCrL BILL NO. 63. INTRODUCED BY COUNCIL MEMBE R GARRETT A BILL FOR AN ORDINANCE AUTHORIZING A BUSINESS LEASE WITH DONALD BOWEY FOR USE OF THE ARAPAHOE RENT AL PROPERTY . (bl Approval of Ordinances o n Second Readin g (i) ORDINANCE NO. 47. SERIES OF 2000 (COUNCIL B£LL NO. 39. INTRODUCED BY CO NCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 7. CHAPTER 68. SECTION 6 : TITLE 11. C HAPTER 3. SECTION 3(8): AND TITLE 16. CHAPTER 4. SECTIONS 10. 12. AND 19: AND C HAPTER 8. OF THE ENGLEWOOD M UNICIPAL CODE 1985. PERTAINING TO PU BLIC SIDEWALK SALES. (ii) ORDINANCE NO. 48. SERIES OF 2000 (CO NCIL BILL NO. 5 1. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE 3. CHAPTER 6. SECTION 7. SUBSECTIO 7. OF THE ENGLEWOOD MUNICIPAL CODE 1985 , INCREASING THE BENEFITS FOR RETIRED ME MB ERS AND BENEACIARIES OF THE ENGLEWOOD NON-EMERGENCY EMPLOYEES RETIREMENT PLAN BY 3%. (iii) ORDINANCE NO. 49. SERIES OF 2000 (COUNC IL BILL NO. 53. INTRODUCED BY C O U NCIL MEMBER GARRETT) I· 0 J • • • Englewood City Council July 17, 2000 Page 13 .. .... • .. • -' ' AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 2000 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD. (iv) ORDINANCE NO. 50. SERIES OF 2000 (CO C IL BILL NO. 5..1 . INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AMENDING TITLE I. CHAPTER 6. SECTION 2: C HAPTERS 6B. 6D. 6F. 6G. 6 11. 61 AND 6J; OF THE ENGLEWOOD MUNICIPAL CODE OF 19 5 PERT INING T DEPARTMENT AL ORGANIZATION. (c) Rcsoluuo ns and Motion (i) PURCHASE OF 23.424 CUBIC FEET OF PLASTIC TRI KLING FILTER MEDIA IN THE AMOUNT OF $101.910.00 FROM BRENTWOOD INDUSTRIES. (11 ) PURCHASE OF A FISHING PrER FOR CENTENNIAL LAKE FROM MOUNTAIN ST ATES RECREATION. INC. IN THE AMOUNT OF $23.950.00 (iii) PURCHASE OF AN ASPHALT ROLLER FOR THE STREET OPERATIONS IVISION FROM HONNEN EQUIPMENT COMPANY IN THE AMOUNT OF $69.92..1 .00. Vote..-db: Ayes: Nays: Absent: Motion carried. 11 . Reaular Agenda Council Members Garrell. Bradshaw. Wolosyn. Yurchick. Grazuli,. Burns None Council Member Nabholz (a) Approval of Ordinances on First Reading There were no additional items submined for approval o n first reading. (See Agenda Ite m 10 -Consent Agenda.) (b) Approval of Ordinance, o n Second Reading (i) Council Bill o. 33 . approving the Hawthorn Suites Planned Unit Develo pment was considered . COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) -COUNCIL BILL NO. 33 ON SECOND READING. COUNCIL BILL NO. 33. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING THE PLANNED UNIT DEVELOPMENT (P .U.D .J FOR HAWTHORN SUITES. LTD. HOTEL TOBE LOCATED AT SOUTH PENNSYLVANIA STREET AND U.S. HIGHWAY 285, IN THE CITY OF ENGLEWOOD. COLORADO. City Attorney Brotzman advised that we told them they had an opponunity to withdraw this. Council Member Bradshaw stated they didn't. Mayor Burns recalled that Council closed the public hearing on May 15th on this mailer and he thought Council felt this project wa attempting to use the tax benefits and waivers in order to bootstrap a profit into ' • I I • 0 • • • Englewood City Council July 17, 2000 Page 14 • • - this operJ1t o n. and Counc il c hose not to carry that funher and the) re,·o mmended funher ,tudy o n th1>. He added that . in the proce ss. Counc il d isco ve red. o r have been to ld b) rnff. that there d id n't appear to be a sen o u att e mpt to finance this project pri vate!l y thr ugh a bank . ,o tt "o b, m u, that the ,ml) proti t the) are pla nning was through tax forg iveness. Mayor Burn, felt tha t ,s "hY Coun ti didn't ta ke 11 fu rthe r. M s. Langon stated the applicant knew they had the o pponuntt) to \\t1hd ra". a nd "e d id 1101 rc,·c l\c an) notice o f their desire to wi thdraw. Vote results: No ne Ayes : Nays: Counci l Me mhe rs Garre tt . Brad,ha ". Wo ln,yn. Yurrh1 r ~. G ra w It ,. Burns Absent : Counc il Me mber Nabho lz Mo tion defeated . (c) Reso lutio ns and Motions (i) A recomme ndati o n from the Department of 1-tnJoce and drn111ts11.,11,c Services to ado pt a resolut ion a pproving the forma11o n of a Spe<·tal Dt>tn ·t a nd 10 "·hcduk J Puhl 1, Hearing for August 7. 2000 to gathe r publtc m put o n th t> ,s,ue "J, wm,,dercd Frank Gryglewicz. Director o f Fi nance and Adrn im;,tratl\e er, ire , and E ,e,·utl\C D1 rcc1 1>t ut the Englewood Urban Re newal Autho rit y. ad vised that th1> tS a re,o lu11 o n o t 1n1 en1 Ill creJte ., ',pc, 1JI Improvement Di stri ct for the Acoma Street parking lot. Tht> 1;,,ue ""' Jtt;.1 d1;.cu"cd at the . tttd) !:,e"'""· he added . It has been presented to the E nglewood rban Re ne"J I Authortl ) a nd J bo the l-ngle"'"xl Downtown Develo pment Authority. both of whic h a p proved the se<·o nd T n -Pan) greemcnt I he I DDA has also requested that in paragraph II (d ). begi nmn g "tth "defic ient 'PJ ·e, and "' 1hc end o t 1hJt paragraph. be de leted. T ha t was a request fro m the tud) Se to n Th ,, abo ,e1> J pu blt,· hc.mn g '"' August 7. 2000 at 7 :30 p .m .. as well as pubh atto n and no ltl·e requ irement Mayo r Bums as ked if that was Ro man nume ra l II . Mr. Grygle wicz said ye s. ti ts the middle o f the paragraph where ,t be gtn, "defic ie nt ,pace, a nd"' the end o f that paragraph . whic h is basicall y the proposed a,se»me nt meihod The C it y C lerk assigne d a number and read the resolu1to n by 111 le : RESOLUTION NO. 7 1. SE RI ES OF 2000 A RESOLUTION DECLARING THE INTE NTION OF THE C ITY CO U 'C IL OF ENGLEWOO D . C OLORADO. TO C R EATE A SPEC IAL IMPROVE MENT DI STRI CT TO MAK E IMPRO EME NTS TO THE AC OMA STREET PARKfNG LOT. ADOPTI NG DETAILS AND SPEC IFIC A TIO S FO R THE PROPOSED DISTRICT. AND DlRECTING PUBLI CATION AND MAJ LING OF T HE NOTICE O F HEARING TO THE O W NE RS OF THE REAL PRO PE RTY IN THE DISTRI CT. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 71, SERIES OF 2000. Council Member W o losyn said she had a comme nt. mo re than anyth ing . S he noted the first part o f the resolutio n says Council has dete rmined it necessar y to c reate a spec ial improve me nt distri ct with in the C i1y . She said she does not kno w that she wa nts to say that she determined it ts necessary 10 create thi s special impro vement distri ct . She stated she wo uld prefer that the Do wnto wn Deve lo pme nt Autho rit y were able to get a petitio n . She agreed. ho wever. that they have done a lot of work . a nd was willing to lei th is go to 1he next stage. She added that she ho ped maybe they could co nvi n e he r it ts necessary. S he ,aid she wa nt ed 10 hear the public input. but was not sold at a ll. • I • 0 ---------------~-----------------------=-... --------------------------------------. .. ---~--·- • • • Englewood City Counc:11 July 17, 2000 Pqe 15 • • - Council Member Bradshaw said she would be vo11ng against thi s. She felt there were other wa)S the City and EDDA could work together without tying propeny owners to an assessment fo r fifteen years. She al,o questioned whether this was the best use of that propeny. She said she was not interested in denying merchants their parking. because it is vital to their business. But thi s ,s the eleventh hour. and JUSt looking at how scattered the Study Session was. it didn't make any sense and nobody has explained 11 well eno ugh to do this. She repeated that she would be voting again t it. Mayor Bums said we had considerable discussio n at Study Sessio n about thi s. and he was not terribl y pleased that this has come up as late as it has. He said he was son of to rn between the dewe,, of the members of EDDA, as they seem to want to improve the district. and what the best use 1s for this propert y. The assessment method. which was based. essentially. on parking stalls and requirement,. ha, been presented. and it is obvious that especially restaurants paid an excepuonally large percentage of the co,1 o f these improvements. and we're being told now. that the EDDA doesn't think that ,s fair. and . indeed. 11 ma) not be fair. However. I'm willing to vote for the resolu11on to have a public hearing. he ,aid Ill deterim ne whether staff and EDDA can come up with a method of assessment that the businesse,. e,pec1ally. ,upp..>rt He said he did not want the City to be in a position of trying to decide thi s o n their o wn . and "o uld like to hear from the business people on this. Mayor Burns also wanted to kno w 1f we can get toge ther o n a proposal for development of the Parkway Broadway corner. whic h he felt definitely needs to be dc,el.,ped. and was willing to at least go to a public hearing to see 1f the appro priate parties can get their dud.., m a row on an assessment method . He said he also understand, fro m o ur d1S{·ussi n at the Study e, um thJI the restaurants could get together and essentially present a petition that they d o n't hke the a,,c"ment method and if they are over 50 percent they can k1ll 1t . He said he wo uld like to hear from them . II " kind of a late matter and the discussion was hardly conclusive at the Study Session. but he ,aid he \\as a, lea,1 willing to go to a public hearing to see if this should go any further. But. he noted. he wa, dlllng o w11h some reluctance. because he thought it could be put together. much better than we have at this ,tage anyway. We have two or lhree different stages m the public hearing and the deci;,mn-making process. and he said he was willing to. at least. go to the first one. Council Member Garrett said he has difficulty with thi s reso luti n for the fo ll o wing reason The purpose o f forming this district. the protections and the needs. is basically for lhe de,elo pment of that corner. He felt the corner could be developed in a very responsible way. in cooperalion with EDDA. w1thou1 havin g 10 go through taxing and doing a special assessment on those propenies. We may not get there. but I would like to explore that option first. he said . The proposal of possible senior housi ng o n that corner wa s menuoned earlier. We have 1wo examples. he said. One is the example of how the system worked. When there was an issue that was brought up. EDDA brought their concerns to thi s Council and Counc il evaluated those concerns and voted to nol proceed. The second example is how when you do things at the las1 minute it causes confusion. he aid. In that case. all thal vote would have done. which was the purpo,e of us 10 even apply for bond proceeds. was for us to go forward only if we got a projel.'l 1ha1 was suitable. So 1ha1 1s sort of like this. We're saying lets have a public hearing and see what is going on. but EDDA didn't want to go through even that process . I don't want to go to that level of confusion at thi s point when I think most o f this Council 1s committed to parking for the merc hants and developing that parcel. Mr. Garren stated that if we cannot get our development act together. which. he opined. by the building we are 111mg in . we have shown we may be slow but we produce decent results ... we may want to pursue that with the Urban Renewal Authority and the City to develop that parcel and with EDDA. without having to go through a special assessment. Council Member Wolosyn said what Council Member Garrett says sounds great . She asked if that was something we can make a firm commitment on as an alternative to thi s . Mr. Garrett acknowledged that Director Simpson was son of burned once by us. unfortunately. with the direction Council gave him . That. he noted. is his personal view. We are committed to developing that parcel, he said. and we made one attempt. We have a lot of development projects going on and, he opined. we are committed to developing that parcel because we do own a piece of that. Mayor Bums said. if Council votes to continue. to at least have the public hearing. he would hke to hear from the EDDA on whether they would be willing to work with the City on a joint effon to try to develop I • 0 • • Englewood City Council July 17, 2000 Page 16 • • -.. that comer. He recognized that it is an important issue nght now with them. If that sau,fie, 1hem. raiher than having the assessment. I would sure like 10 hear from them o n that i,,ue. he aid. Mr. Garrett said. when they were asked for their response dunng Study Session. if they were ,11lling to do that. the Executive Director said they didn't care about having a special assessment . as long a, 1ha1 pan:el was developed properly. That was what wa;, said . Council Member Yurchick said he wanted 10 go o n the record that he felt the process " 1th the hcanng would give the people a chance to speak for themselve, and if they want to raise 1he e1gh1 hundred and some thousand dollars to develo p the parking lot. 1hen. he 1hought . they sho uld be g, \'en 1he opponu1111~. but if they don't. .. then he tho ught that would come o ut at the public he.aring . Mr. Garrell said he wa concerned about the development issue. Mayor Bums said he was equally concerned about the de, eloprnent issue and he "ould sure h~e to hear from these business peo ple, ,f we have a publi c heanng on 1h1s. Mayor Bums asked if there wa any o ther comment or di scussio n. Being no ne. he called tor 1he ,01c. Vote RSUlls: Motion defeated . Ayes : Nays: Absent : Council Members Wo losyn. Yurc h, ·k. Burm, Council Members Garrett. Brad haw. Grazuh, Council Member Nabholz Mayor Bums said the resolution failed for lack of a maionty. 12 . Genrral Dlsaassion (a) Mayor's Choice (i) Mayor Bums said we had. in 1h1> building. o ne of 1he most memorable evcm, in the City of Englewood. He said he would like to 1hank each and every member of the C"ounnl for all 1he work they have done on these projects and in support of 1he Light Rall . and e,pec,ail y the member, ol 1he staff. City Manager Sears. and all of the staff member, tha1 have worked so urele s ly. first. to mu~c 1he move 10 this building. and to top that off with a celebratio n thi s weekend "h,c h went o n for 1wo da y, here and three days total. All the displays that were in this building. in 1he lobby and o u1S1de and all 1he ""r~ that was done. especially by Pauletta Puncerelli and her staff. o n the entertainment and the food vendor, and beverages. it was just a Herculean effort . He thanked Hank Long f11r allo"''"g u;, Ill parade evcryune who wanted to go to the rest room through the Library. h "a, w nderful exposure for 1he Library. He a,J we had a luncheon for 350 Light Rail supporters and they were really 1mpre sed by th, building. He sa id he would like to thank the Museum of Outdoor Arts. Mayor Bum staled he "ould hke 10 see 1he Museum of Outdoors Arts promoted much more than they "ere 1h1 , weekend . He ;,aid he wasn·1 sure ,f people e,en knew they were up there. But they have a terrific office and fac1l11y. and we ha,e IO ,how II to the public . It was a very special weekend. We participated in the nbbon c utting o n Fnday and al the special dedication in Lntleton, he said. and we had a band and balloon, and everything e lse. h was hke a country fair down there. Everyone came back for the lum·heo n and were dul y impressed by thi s building . He again extended his thanks for a really wonderful weekend . Council Member Bradshaw seconded what Mayor Burns had said . adding that ;.he reall y felt Mayor Burn, deserves credit for a JOb well done . Mayor Bums said thank yo u. (b) Council Member's Choice (i) Council Member Bradshaw: I • 0 - • • Engle"•ood City Council July 17, 2000 Page 17 .,.-• • • - I . She said Council all received Steve Schalk"s letter in their packet. She felt she needed to raise the questio n of what we are going to do on that . Number o ne. she felt there was a good re . ponse from Director Gryglew1cz to City Manager Sears as far as the Gothic Admi ssions Tax . She said she could understand Mr . Schalk"s confusion, but most business owners just attach that extra fee to tickets. She sa id she did no t want to set a precedent and felt that we need to get back to him as soon as possible o n that. I reall y do n't want I<> see us set a precedent that we forgive taxes that are designed as a revenue stream fo r o ur ciuzens. she said . She said she did not know what Council wanted to do. but she felt taxes that are assessed shnuld be paid. a;, far as owning an entertainment venue in Englewood . Mayor Burns thought Mr. Schalk gave Council some numbers o n hi s gross re ve nues and that sort o f thing that he had never seen produced. Maybe I mi ssed them in there some where. he sai d . but I wanted to compare the forgiveness of tax he was asking for versus the revenues he had . Ms. Bradshaw noted it is related to hi s re venues. but he JUSI need 10 add a surcharge llJ hi s tic ket s to reco, er that. Council Member Garrett said it is sort of like a franchise fee . It is JUSt a line item o f the bill and that 1; what most businesses do . Mayor Burns said he was a little confused . He a,ked 1f Mr. Schalk was tryrn g to sa~ that 1f he du.:s n"t get this tax forgiveness he can't survive. or was he asking for a lillle more abilit y to make a prntit. Council Member Wolosyn said she was confused when he sa,d versus Bo ulder and Denver whl!rc they get nothing. which isn't the case. When she heard that she tho ught ma ybe we are hurting o urse lve, by ha, ,ng a tax no one else has. but that is not the case. City Manager Sears advised that after doi ng further re.earch what we did find o ut. as I understand 1t. 1s 1f there is an event held at a City owned facility 1n Denver and the performers are paid. they do pa y ten percent tax. But Denver theaters do not pay an admission tax and they do in Boulder. Mayor Burns asked if Mr. Schalk had said how that affected hi s compet it1 vene Mr . Scars said he just presented it to the Council. Council Member Bradshaw felt. if yo u make a dec1si n to go int o bus1ne,s. then yo u need to ha ve a business plan. and you need to be aware of all the o rdinances and things that affect yo ur bu,ine,s. Mayor Burns noted that hi letter said that the Go thi c ,s at a great di sadvantage w1lh th e three percent Admissions Tax . Ms. Wolosyn said. to the extent that he was comparing it with other hke ,enues. hke the Odgen and the Bluebird. perhaps he is, but he should just fact or that 1n to h1 , bu -ine,s expense,. Mayor Burns tended to agree . He felt it was a confus ing case. Council Member Garrett felt . if it was possible. we ,hould sit down and try to work through thi s with him . He said he knows this will l>e a burden o n C ity resources. Mr . Garrett said he has done a great JOb o f restoring the Gothic. and that he did not want to say, no . thi s doesn·1 make se nse . He aoked that someo ne sit down with him that has the ability to articulate what is going o n and to wo rk through thi s. Counci l Member Bradshaw noted it would be someone fro m the Department o f Finance and Administrative Services. Council Member Grazulis concurred. Mayor Burns stated he wanted to recognize that Mr. Schalk has gone to rather except ional measures to restore this building and initiate this business . .. . . I • 0 • • -• Enpwood City Council July 17, 2000 Pqe18 ,,-. • • - Frank Gryglewicz. Directo r o f Finance and Administrative Service . a id staff would be more than glad Ill work with him. He felt there was some confusion o n how it is to be added. It is added int o 1he 11de1 pn~e . and it is actually not him paying it. but . rather. 11 is the people that come and visit the Gothic. They d,, u,e Ctty sen ices. and that is why there is thi s tax. because they do come in a nd there are fire. poh e. 1hn,e ,,,n, of services. and they are not free. he said . Direc tor Gryglewicz said he was more than" 111mg 10 \\t>rl. "11h Mr. Schalk. Mr. Garren asked that Mr . Gryglewicz make sure, when they are havi ng their discussio n. 1ha1 lh(') :,re all speaking the same language. Right no w I don't think we are. he added. Director Gryglewicz repeated that he wa s mo re than willing 10 sil down and wo rk w11h hi m o n lhh I It' fch Mr. Schalk might have been audited and then found o ul he was supposed to be co llec11ng th" and he " liable for the tax and was probably unhappy at that point in time because 1he audn "ent bjc l. and, " 1ha1 he should have collected those taxes and he hadn 't included those in lhe ucke1 pn e . , I rhml. ,n me education is in order. he said. and we can work wi th him. He 1s a valuable resource 11, 1he 11~. "' "e would like to make sure hi s business is successful. so we are mo re than willing 10 ·..c,,-1. \\llh h im 11 1 re,o h c this, he said. Mayor Bums thought that was very enlightening. because 1f yo u are audited and had h > pa~ n a ll lj 1cr. 1ha1 would be difficult. Council Member Yurc hi c k asked if Mr. Schalk could sprc.ad pa) ment, O\'er a penod o f 11mc. Mr. Gryglewicz said that has been do ne numerous 11mes w11h o ur taxpa)•ers. and "e can mal.e arrangements with that. Whatever works for him that's reasonable. Mayor Burns asked 1f he is till liable to pay that. Mr . Gryglew1cz said yes. adding that he believed he had alread ) paid I'm j ust saying 1ha1 he" ,o mc"ha1 upset o ver that because it does eat into hi s profit. When yo u are collec1 mg sale s lax o r adm i,;,io n, ra , a, you should and then remitting it. the City actuall y pays a small fee for the administrati o n of 1hat. Bui "hen you find out you were supposed to collect but you didn·1. you are still liable for it and it comes out of )Our bottom line. it is very painful. It is no lo nger an administration: 11 i, o ut of yo ur poc ket. So "e \\Ill wo rk with him and contact him and see if we can come to some good resolutio n. Mayor Bums asked. with all the interaction we had wilh him during the constructio n period. "hy did he nol know that he was supposed to collect thi s. Director Gryglewicz felt he had so many things going on with getting the building o pen and his ccr11 fi ca1e to get open. that it just slipped hi s mind . Maybe we needed to educate him a little bit mo re. He rnuld ha ve been o n o ur side but, as I said, we're willing to work with him and hopefull y resolve thi , because we are a pannership with all o ur businesses. Mayor Burns agreed that it was better not to act like a hammer and e nforce laws. but to work with people. He said he has had many comments over the years. that the C it y reall y does work wi1h u ur busines,e,. Mr. Gryglewicz said their success means our success, so we want the m 10 be viable. Council Member Grazulis asked Mr. Gryglewicz to also convey to him Counc il's concerns. and o ur willingness to help or work with him. Mr. Gryglewicz said o ne of us will give him a call. 2 . She thanked everyone for the help with the C itizen of the Ye ar celebratio n. She JUSt wanted 10 lel everyone know it was very nice and special . (ii) Council Member Grazulis: .. 'I I • 0 ] • • Eqlrwood City Council July 17. 2000 Paael9 •· •,, ·~ • • -' I. She said she was thinking that. perhaps. a a Cu"tmc1l. if we have no t been to the Goth1 . may be "e could do it as a Council cffon. j u t to see and experience it and perhaps convey to the people about 11. 2 . She also wanted to talk about the fireworks . She thanked the police division . hecau,e ,he has lived here for twenty-one years and never had such a quiet Founh as this. preceding and afternards. he knew they did a good job because some graffiti anists conveyed a message regarding th e police depanment on the back of one of the buildings and it showed that they were doi ng their job. That has 1ncc been removed . she added . Especially wi th the fire that took place in a house. which looked loke it co uld have been firework induced. It was very alarming. she commented . 3. She advised that last Saturday. at about 9 :30 p.m. she went with her family and took another free ride 10 see what we could. to Mineral and back and got off at each stat ion along the way and 11 was sull standing-room only at 9 :30 on a Saturday night. To hsten to the comme nts at every stati o n was very. ,cry interesting. Of course. they still refer to thi s as the Cinderella City stop. but that. too. will change in ume. At the bus stop on Broadway. Ms. Grazulis noticed that a lot of them are marked up and thing, have been scratched into the plastic. Perhaps if we could contact RTD to spru ce those up. it won ·11ake anything away from the bus ridership. whi ch is a concern. she said . 4 . She commented that Council C hambers are great. This is my first sessio n here. so thank yo u. everybody. she said. (iii) Council Member Yurch1ck said he had j ust read Engineeri ng Manager Kahm ·s letter thal he 1s sending out to the resi dents. pan1cularly those along Floyd Street . He said he was at that meeting and felt Mr. Kahm has more than gone out of his way to meet their needs and addre,s their concerns. (1v) Council Member Wolosyn: I . She said. in the aftermath o f to night's vote. she would guess that we would somehow approach them about future development in a timely fashion. and their cffons on behalf of the way they saw the process. 2 . She asked. regarding the letter from AT&T to Leigh Ann Hoffhines about the ri ght -of-way o rdinance. if she could get some explanation as to how thi s affects us. City Attorney Brotzman said absolutely. We have actuall y pulled the right-of-way o rdinance. as a number of panics, including AT&T . had some concerns. Director Ross is reworking it. and we wi ll be happy to answer your questions. • •••• Mayor Burns said he looked again at the medians and planters on 285 west of Broadway. He felt the first one looks like it really needs some weeding. as it did last year. But the next two by the banks. he said . he didn't know what the problem was, but the fo liage just looks dead . He doesn't know if they are being watered or what the problem is. but they are in pretty bad shape. Parks and Recreation Directo r Black agreed they are in awful shape. We had a mainline break that has no1 been able to be repaired because of all the work at the Ci tyCenter, he advised. so those two in panicular will have to be replaced. and we arc working on that now . Bui we cenainly agree with you. he repeated . ••••• Council Member Grazulis said that. when she and her family were taking their ride on Friday o n the Light Rail, she sat next to Alex Habenicht on the way back. Ms. Habenicht made a comment that Ms. Grazulis agreed with. Ms. Habcnicht's comment was that, if the business owners who are positioned with their ' ' . , I • 0 - • • • Englewood City Council July 17, 2000 Page20 • • • ' backs up to the Light Rail could somehow all take a tnp 10gether. ,o the) o uld ee h<m the bJck, o f 1heir businesses look from Light Rail and how it conveys a mes,age for their business. ma) be the) "o uld ,prucc their propeny up. If they did 1t a, a group. then they could ha,e a lunc h or a field tnp mgeth cr and make comments about the other businesses. Ms. Grazuli, tho ught 11 "a' a good idea. City Manager Scars said that wa, a good idea. that he would li st that a, a ,ho n -1erm 11em and gl\e the suggestion to our Community Development Departrnenl. 13 . City Manager's Report (a) City Manager Sears gave special recognition to Open Space Manager Da,e l.ec . "ho. unfonunately. was not present. If Council get a c hance. please thank Da,e for hi s tireless el fo rt, We would not have this project or the weekend done wnhout his work and h1> ere\\· "urk. MI c.1r, 1hankcd everybody who worked extremely hard. Safety Services. Public Wo rk s. Communn~ Dc,clopmeni . II) Manager's staff and Pauletta Puncerelh in panicular. .. l c an't say enough about o ur ,tJft. but DJ,c Lee 1, just a gem to have in this organizauon. Mayor Bums thanked Rick Kahm. because he has bugged Mr. Kahm unmercifull y the pa,t fc" \\eek . regarding the sidewalks and the concrete. Every day. it seems. we had a di scussion o n 11. It "a, a liule la;.1 minute. he said. but we were done and ready to go for the Chamber of Commerce recep11on . and 1hat abo went very well. He thanked Mr. Kahm for puttmg up with him for the past couple nf \\eek, City Manager Sears commented that Mr. Kahm has had 10 put up with you and me and JU>t about everybody else. (b) City Manager Sears said let me go to the budget . He asked Council to pull uut the calendars. as we arc looking at the projected public hcanng o n the budget o n September Is••. That 1s a regular Council meeting. and I Just want to li st that. he said . Pot.entiall y. what we have 1s li sted to meet a budget schedule. and it i up to the Council to gl\·e me your thoughts . but September 301• would be the projected budget retreat. We could pro bably do II a week earlier on the 23rd of September. but the 30th 1s what we would have and then our first reading wo uld be October 16. So off the to p. he said. 1f you could take a look at your calendars. and let me know 1f that would be s uitable for you . Mayor Bums said he JUSt noticed that the Ra1I -Volut1on Conference is the next week. he asked 1f "e are quite heavily pamc1patmg in that. Cny Manager Sears said we will be. as we are a co-;,pon,or. Mayor Bums noted the Rail Voluuon Conference 1s October 4th through 7th _ He asked if that would wo rk . Community Development Director Simpson said he did not believe there wo uld be any significant problems and he wo uld no t let that be a hindrance . Mayor Bums said he guessed the Rail-Volution Conference is not a problem. Mr. Scars said, right now, we will plan on the retreat on September 30"' and we will probably meet at Wastewater. He noted that they had talked about going somewhere else next year. Council Member Bradshaw suggested we could have it here. Mr. Sears said he wo uld like to go someplace where it is a little more informal and we could cenainly have the budget retreat ri ght here o n September 30"'. Mr. Scars said we need to get volunteers from the Council to work on Council's budget. Council Members Bradshaw and Grazulis did that last year. Mr. Sears acknowledged Council Members Wolosyn and Grazulis for volunteering this year. He asked if that was okay with the Council. Council Member Bradshaw said yes. Mr. Sears said okay. we will be working with you on tha1. City Manager Scars advised that all of the depanmcnts arc pulling the preliminary budget together. We are looking to bring the proposed budget to Council September 5"' . I • 0 • • • Englewood City Coundl July 17, 2000 Page 21 • • - (c) City Manager Sear said he would hke to discuss the communit y meeting roo m. He asked Assistant City Manager Flaherty to co me up and lead that discu ss ion . Mr. Sears said we n.:ed ;ome direction from the City Council o n u age . We have given a draft to the staff. and they pulled the se policte, together . Mainly our office has pulled these JX)hc,e, toget her o n the use of the Communit y Room. and "e are staning to get some demand s both short-term and lo ng -term for the use of thi s room. He noted that the problem with this building. and this room. 1 that there are o me hmnations in terms of so me se r v1,·e groups. in panicular Lions Club or any other club . using 1t o n a permanent basis. Assistant City Manager Flaherty said the new building does offer us a lot of opportunities. but it al,u presents some challenges for us . We ha ve a variety of rooms that we ha ve available fo r use for meeting s . Early on in our move process. he said. o ne of the s ubc ommittees that we established wa s a committee that would work on how we would addre,,, the use of these rooms. both in term s o f internal use and external usage . What we have come up "'ith is a framework . or policy . if yo u will. and we wanted to ha\'e the opponunity for Council to give us some input and direction. if you c hoose to do so. wnh regard to ho " we address those requests that we receive . In fact. he said . s ince we have been in the building . we ha ve received numerous requests and that hst is growing every day. We ha ve not acted on any o f the request s '" yet. except for the internal request for the Monday mght tud y se sio ns as well as va ri o us department s th at arc planning training sessions and things o f that nature . But. he noted. we do ha ve a number o f n:que,t> that we need to stan addressing relau ve ly qu,rkl y here . and that w,11 double. more than I,kel y. "hen o ur cultural space is read y and the lt st of uses will probably c hange in comple xion. so me" hat. a, "ell. IV!r. Flahcny said he would hke to run through thi s with Council quickl y ... the informatio n that "a prn,·,ded in their packets. We are proposing that the third floor conference rooms be reserved for Cny u,es . rncludin g City Council. boards and comm1 ss1o ns and City department s. he advised . We are propo,ing that th e Community Room. right here o n the second fl oor. the Anderson and Pemn room, in the Library. a, well a, the new cultural ans space. when 11 is completed. be available for both C11 y and publi c use : and depending upon your direction. potentially for some private uses as well . The Library w,11 remain rc,pons,bl e fo r the reservations of the Anderson and Perrin Rooms as they have been do ne in the past . and the y ",II provide those rooms, at least during normal busi ne ss hours , which is basicall y Monday through Thursda y fro m :00 a .m. until 9 :00 p .m .. and Friday from 8:00 a .m. 5 :30 p.m .. at no charge to their users. Th"" basicall y th e policy the Library has provided over the past several years and the y would like to contin ue that . With regard to the Community Room. we believe that the size of that room and the a,a,labihty o f the catering kitchen makes it a different type of use and make s the potential user s mu c h more numerous and much more potentially demanding on us in terms of services. Obviously. if we are going to provide that room . we arc looking at providing a number of setups. whether for a lecture. a general meeting with tabl e, and c hairs . or some other type o f use including pany type use . What we 're looki ng at fo r the Commumt y Room "to have the City Manager's Office. along with input from Public Works. o ur building maintenance functi o n. h) respond 10 those request s received fur o ut side use for the Community Room . Park s and Recreau o n w,11 he responsible for the cultural art s space when that facility is up and running. and Park, and Reneauo ns ha , also agreed that they will take the responsibi lity for booking requests for the o utd oor plazas when th ose arc complete. because that is really pan of the function that Park and Recreatio n normall y provides. We al,o believe , with the exception of uses for City related uses and o ther go vernment related uses that include meetings of community interest as well as City sponso red and potentially co-s ponso red event s. th at there will be no charge for the Community Room . For other uses. which co uld include no np rofi t ervice organizations. Englewood private citizens. private use . no nresi dents. no nprofit. a variety of user s that we potentially could have , we are proposing that there will be a charge for the use of the room and that th ose rates be in a range that are si milar to what Park s and Recreatio n is c urrentl y getting for their facility, as well as our survey of other cities with a si milar type of community rooms . One of the ot her things. that C n y Manager Sears mentioned. is that we would like to av oi d. at least at thi s point in time. scheduling o ut side organizations that have regular. sched uled meetings. We are trying to avoid any use that would be o n an ongoing basis. panicularly if it could potentially interfere with the City uses o r require us to have staff here after hours on a regular basis. The other elements that we want to talk about . at least broach with the Ci ty Council. he said . is that currently. or previously . in the City facilities. alcohol use ha s not been permitted . Because the ownership of thi s building and this property is actually under a private foundation. we 're looking at the opponunity. the option, and we 've actually already done thi s once with Council's approval. to permit alcohol service for some limited special public occasions as may be approved by City Council. Obviously the permit holder would be required Lo apply fur and get approval uf the: Liquor Licensi ng I • 0 - • • Englewood City Council July 17, 2000 Page 22 • • • Authority for that special event liquor license . The other thing included on that package ,s a .ample of a permit for the uses of the Community Roo m. With that. 11 indicates the proce;s for o btammg a permit II talks about the rules and regulations inc luding the maximum capaci 1y for 1he room "hic h ,. ,e1 by o ur f,rc marshal at 159, the hours of use of 1he Communily Room in 1erm, of the building b.!mg ope n. and fee, and charges for the use of the Communi1y Room. which we have se t o u1 al this poi nl 10 time as fo li o ",: resident fees, for either resident businesses or re si dent o rganizati o ns o r re s ident ind" ,dual , a1 ~O 00 per hour. Mayor Bums asked if he could ask a ques1i on. He felt Mr. Flaheny sho uld clanf~ 1hat . a, ,t ,, tx,th organizations and individuals. Mr . Flaheny said that is correc1. Nonres1den1 use a1 30.00 an h,n,r. J lnod service fee or use of the kitchen facility at $10 an hour. and o ther areas. 1fa,a1lable. Those \\Ou ld be a,"" did with RTD; we made the atnum available for RTD . he recalled . but "as 00 1 s ure "e "c,uld d o that ,ma regular basis. As a maner of fact. I'm rela11 ve ly s ure we wouldn 't or couldn '1 d 1hat o n a regu lar b:t:.1> tor private functions. he said. because panicularly when we have coun in session and o ther a ·t" 1t1c, tha1 rnuld be impacted. Setup fees for any special setup requirements. wo uld depend o n wh :11 1he se 1up ,s . After hours use. if someone wanted to utilize 1he fac1hty o n Fnday night o r during the weekend when \\C normally don't have staff here. tha1 would be an extra charge of $25 .00 an ho ur. Sernn1y fee . ,f required. would be based on what.. .and we 're basi cally propo. mg at th,. point thal it e11her be an Engk"ood o tf duty police presence or the presence of our contract security firm that we c urren1l y ha ve w11h 1he Cour1. And that would be based on the type of event whether o r not we wo uld require .ec un1 y. Al th, poml probably an event with alcohol service would require security. If ii was an e ve nt 1ha1 1; po 1cn11all . controversial in nature. we would probabl y be looking at some level of sernrity a, well. At 1h1 s po ml. Mr Flahcny asked if Council had any ques1ions . He added that we have had reque sts from the Museum of Outdoor Ans very recently. this morning. to utilize the Community Room for an opening of a n an exh1b11. the an exhibit that is being put up now. for the weekend. One o f 1he 1hing s that we wan1ed 10 be <·areful about before making a commitment to the Museum of Outdoor Arts. was ,f 11 "held o n a "cekend. we don't have staff here. we would have to bring staff in and 1here ,s a ,·ost in,ol,cd "11h 1ha1. Mr . Flaheny proposed that we address that in our policy. thal we include e ilher City sponsored or co,pon,o red events and that we deal with those on a one by one basi s. Clearly. he said. I do n't 11,ant to a, ume 1ha1 we would be required or encouraged to hold events on a weekly bas is 1ha1 would have a co,1 10 1he Ci1y. Ho wever. if we did have an organization. like MOA. or other communi1y organ1za11on, 1hat wanted 10 have an event here during the weekend. that the City could choose to cosponsor and "e co uld do 1ha1 wi1hou1 a c harge . Council Member Bradshaw commented that she did not realize 1he k11chen 11,as no t a kH ·hen until she ran in there to get some ice with Sue Bradshaw . She expressed disappointment m the scope of 1he kitchen and 1hc facilities there. One of the reasons we wanted to have a community room 11,•i1h a ki1chen was so that service clubs could meet , like Rotary. Lions and Kiwani s . she said . She fell 1hat ,s communily. and 1ha1 11 is really imponant that we welc.ome them . She wondered if that kitchen "o uld be the sc ale 1hat 1hey ca n use. She stated she really has a problem with the fact that Englewood c itizens private use is delayed until January, because she knows there have been some o rganizations that have called and asked. She recognized that we need to wa1ch the policy but. it is our citizens' Civic Center, and we do 00 1 need w lose sight of that. Mr. Flaheny responded that , in terms of private use , what we are referring 10 there is not ne ces,aril y organizations. whether they be service or otherwise. but we are talking about. for example. someone's private wedding reception . The reason that it was suggested that we hold off for the remainder of thi s year was just to see what other usages we would have that were truly community uses . I am 001 suggesting 1hat we would not change that or could not change that. he said, but we were a little co ncerned about 1he level of activity that we were going to have in 1he Community Room that would be on a community basis or an organized basis before we got into wedding receptions. bar mitzvahs and 1hings of that nature . Council Member Yurchick asked if we want to gel into the rental hall business. as that sound s like 1he direction this is going, in looking at weddings. bar mitzvahs and other private function s. Ms. Bradshaw asked where to draw the line . I • 0 • • -• Englewood City Council July 17, 2000 Pagc23 • • - Mayor Burns said he was a linle surprised to hear that. as he did not thmk we "o uld be hoMmg \\eddmg receptions either. Mr. Flaherty said the intent is that we would not do that for the remainder o f this year At , i me po m1. ,f 11 is Council's direction that we do that. we could do that. But at th i, pomt m tame. we are pr,iposmg 1ha1 \\C don't do that until 2001 at the earliest. Council Member Bradshaw said s he did not have any problem wnh the C hamber o f Commcr.·e. Neighborhood Watch. the Lions Club. DRCOG. RTD. those kinds of thong,. but her concern 1s that there might be some confusion as to where the boundaries for MOA are. They have part o f the ir ;,pace. and I am so proud that they are here and they really are a pos itive asset to this facility. he said. but I do think there needs to be some limits set. Mr. Flaherty said the C it y has concerns . likewise. particularl y in terms of those event, that ""uld be held after hours in which we would have to provide staff here. That i, a concern and the questio n that I wanted to bring up to Council in that particular case. he said. is that something the C it y Counc il wo uld c hOllse 10 sponsor or not. and. if so. how many t imes a year'' Council Member Brads haw asked if their area could sponsor it. That 1s why they have the MOA area. she said. Mr. Aaherty said he was no t s ure o f their intent. On this fir st exhibit. o bvio usl y. the ir e ,h1 b1t e ,tend, beyond the gallery. It extend, onto the Community Room and into the atrium and the a,sumptao n 1, 1ha1 they wish to open up that exhibit and unlize that area where the art pieces are di s played . Mayor Bums asked if they ha,1ng a special receptio n for thi exhibit. Mr. Aahcrt y said 11 would basically be an exhibit o pening. and as urned that that wo uld be a reception l)pc opening. Mayor Bums said that wo uld be open o n a daily bas is for some ume. because that wo uld interfere wtth the use of the building. Mr. Flaherty said their gallery. per their contract . is accessible to the public o n a dail y ba 1s . T he 1s,ue that we arc talking about is whether o r not we want to make the building available for their s pecial ex h1b1t on a weekend when we arc not normally open for business. and we would have to pro vide staff here to open th e building and provide security and Jamtorial services. They are Just looking at the receptio n fo r two day . Friday and Saturday of mid-August. around the 19th and 201h or the 20th and 21st o f August. Ms . Bradshaw expressed concern over the appearance of impro priety m that we let a private o rganizauon have access and we do n't let the cnizens have acce ss. Council Member Yurchic k sa,d he thought that was what the extra four tho usand fee t wa, for. that they got priority to use that. M s . Bradshaw agreed. Mayor Bums asked. once that is set up and they have tenant tinish over there. if that wo uld be an appropriate place. for them to work with the Parks and Rec reatio n to have their exhibit over there. Mr. Aaherty said he was not s ure o f what the layo ut of the room is going to be . Mayor Bums said we talked about having presentations and lec tures and things like that. in that extra spa e that you would be in c harge of. He asked if they could have an exhibit. that is an especially large o ne. that would sort of spill over into that space without having to access the Communny Room. Parks and Recreatio n Director Black said absolutely. What we had talked about was programming that area. There is a priority that is set up in terms of the City being the first prionty. then the programs we have there, then cooperative programming and then, he said. I think it is MOA use. But. he said. he thought there were a number of programs that. between the City and MOA. they c an work together o n . • ., I • 0 • • -• Englewood City Council July 17, 2000 Page24 ': { • • -.. But. he noted. he thought pan of the intent of the agreement was that there -.ould be a number o f use,. ninety uses per year, where they can use that si te as well. if the City is not u,ing i1. o I think that ,, cenainly appropriate. he said. Mr. Garrett asked when they anticipate ii will be finished. Mr. Black .aid three 10 fo ur month;. Mayor Bums said. it seems to him that maybe what they are thinking of is ,f 1ha1 space wa;. a, a ti able the) wouldn't even be asking for the Community Room. Council Member Wolosyn said usually when you have an art opening. you want people to ,ee the ;,how. She felt it is a onetime only, because you want to show off your own premise, for an opening. Ho \\e,er. this son of little synergy we are doing here ... 1hey are making the building look great ngh1 no\\. 1ha1 might be something that could be explained. an extenuaung circumstance. Ms. Bradshaw said we had to draw the line as far as what spaces were available. and now he can ,cc people son of saying they won't use that space because they can o nl y have 1ha1 so many 111nc,. but 1"11 u,e these other spaces. Ms. Wolosyn said she would hate to see us get into a thmg where they are going 10 ,a) the> arc nm going to put an in the hallways . Ms. Bradshaw did no t "'ant to see 1ha1. e11her. Ms. Wolosyn asked if we would say thi s is a o neume o nl y. Ms. Bradshaw said. if they want 10 put the,r an out. that is tine. Bui s he also felt that we can reciprocate with an opening or something like that. We need 10 watch it. Council Member Wolosyn agreed. Ma)m Bums agreed. Council Member Yurchick said. if it is a onetime deal. he did not like the idea that. if we d o n·, gl\·e them that. they aren't going to put their an out. Council Member Wolosyn said she just wanted to avoid anything hke that. Ms . Bradshaw felt we could. but this is Civic Center ... it says. Englewood C ivic Center. and 1ha1 is for citizens of Englewood. She felt Council needed to look at these and get back 10 him. Ms. Wolosyn said she did not know 1f it was in their agreement to put art in our building. Ms . Bradshaw commented that there were c hildren caught painting in the Communit y Room. among other things going on, where they were overstepping use. Ms. Wolosyn agreed that was something to be addressed . Mr. Flaheny said one of the things the MOA representative mentioned. when they requested the u,e o f1he Community Room. was that until the c ultural arts space is available. they would like IO use the Communil) Room . Frankly, we will have si milar issues once that cultural space is available because we will still be looking at those added costs for after hours activities in which we have to have security and/or custodial services. So the issue is going to be the same, but in a different room. Mr. Garrett felt the issues were slightly different between these two rooms. because we have a contractual relationship with MOA to use the cultural ans space and unfortunately it is just no t quite ready yet . He fell that, from what he heard. the policy decision we will have to make is if we c hoose to take the MOA an and put it in the Community Room. that we're saying we may have to open that up. we're saying they could have a reception. Mr. Garrett commented that if we say we are gomg to have different art in that room. no t MOA an. which is fine. then I think we can actually make ii easier. Because they have already talked about putting an in there and I think once we open that door. if they have a s howing, the art is in there. Council Member Bradshaw stated that Rosemary LaPona offered to put art in there too, at a price . I • 0 • • • Englewood City Council July 17, 2000 Page25 I • •,, Mr. Garren said those are thing, we need to di scuss. • • -' Ms. Bradshaw agreed. She said ;he really wanted to see Lions Club meetings in here u n a re gular basis. that is why we put that room in . She said she wanted Rotary. if they want to meet here. and Ki\\an1 s. 1f they want to meet here. She pointed o ut that that i why we put that room in. Mayor Bums felt we could acco mmodate those service clubs from time to t1me . but did no t think we were set up to do it every week . That 1s goi ng to be an awful lot of meeting, e,ery single \\eek. he noted . Ms. Bradshaw said that is why that kit.chen is inadequate for that use. and she th ought that 1s wh y we did 11. City Manager Scars advised that we actually have a formal request fro m the Lions C lub muse that mom. and we will meet with those people. 1f1ha11s Council's d1rec11o n. C unc1l Member Bradsha\\ ,aid )es . City Manager Scars said that if they do come bac k "'llh the request for additio nal kitchen ,pa ·e or whatever. we may bring that back to the Co uncil. But we need to meet with them. he said. The o nl y concern is that if we do have that weekly meeting and there are some special functi o ns that )OU \\ant to do. you can not be served there . There ma y be some occasions just like the RTD meeting. or lunc heon. or some other luncheon we may want to ha ve do wn the road . And 1f they're in there. they're ,n th ere. We ma) forego some other activity. which is fine . lfthat 1s the direcriun we go. then we go that wa). Council Member Yurchick sai d on the back of the form it says you can ca ncel a meeting "11h ~~-hour notice. Assistant City Manager Flaherty said we put that ,n as sort of an out 1f we needed to do that. But . lrankl ~. we're not looking forward to calling somebody and telling them that we had to cancel their mecun g. particularly if they paid o ut money in ad ance. Ms. Bradshaw said she felt that 1s why we have a Community Room. She allo "ed that ,he m1 gh1 no t looking at it the way they were. but maintained that 1s why we have a Communit y Room Council Member Wo losyn agreed . She felt the Community Room sho uld e,o lve o ,cr ume a, a place where there is an opportunity for o thers. Maybe the Lions wo uld ha ve to understand 1ha1 e very o nc e in a while they would have to mi ss a meeting Just because it is a bigcommun11y and it can't e nd up bc1n gJ us1 service clubs. We do n't know ho w the community will evolve. Maybe the res,dents over the re . at the ne" Trammell Crow will want to ha ve meetings e,'ery once ,n a while . She felt sure they "o uld undcr,rand that. They arc men of the world. Sometime, it 1s give and take . she said . Ms. Grazulis asked if they wo uld be as mad for MOA using thi s room 1f the c iuzens were al ,o allowed to use it at the same time. Council Member Bradshaw asked for c larificatio n. Ms. Grazulis ,aid 1f the c it izen, didn't have a restrictio n right now. and they co uld Stan usi ng it also. and it was for every bod y. wo uld you be okay with them using it then? Ms. Bradshaw said she did not kno w MOA "as allo "cd to ho ld c lasses in the Community Room . Mr. Flaherty thought they had had a request for two dates to use the Community Room fo r a class. that 1s not a painting class. Basically the reason they requested that is because o ur other room is not a vailable. he said, and we have informed MOA that those uses. whatever uses they ha ve in the Community Room. will count against their uses of the c ultural ans space. when that actuall y is avai lable. Council Member Bradshaw said she was upset because we asked c itizens for their input to build 1h1s building and now we're saying they can't use it. that your o rganization can't use it. Ms. Grazulis said when she saw that a red flag went up. because she also felt our citi zens sho uld al so be able 10 use it right now and so she was a lso concerned wit h that . Mayor Burns thanked Mr. Aahcny and hi s group for doi ng work on thi s . • • I • 0 • -• En&lewood City Couadl July 17, 2000 Page26 '.· •,. • .. • - Mr. Flaheny said they do want Council's input. We know that we 're not going to go forward "11h poh until we have what direction and input Counci l would care to give us, he said. Mayor Bums said. with the service clubs. if the kitchen isn't expanded. that is the log1st1 al problem o f getting the food in here and they would have to cater it. He asked how muc h that wo uld cost. Mr. Flaherty said right now we ha ve a ho lding kitchen. and basically it does require a caterer to provide food services. Council Member Bradshaw replied that that is no t what s he understood we were building . he 1hought 11 was a full -service kitchen. M s. Grazulis thought so. too. Mayor Bums felt Council was saying is it is going to take more discussion. Mr. Garrett commented that it is a perfect stud y session topic. (d) City Manager Sears expressed hi s thanks to Frank Gryglewicz. Lou E lh, and Bre nda Castle for the codebooks that Council now has . A lot of work went into those. so thank s tu them. (e) City Manager Sears advised that Jo hn Brac kney. of the County. mentio ned ,everal 11mes about a trip that many people throughout the count y are going to be taking to Virg inia for a emergency response program. It is basically $75 .00 for about a "eek in the middle o f No,ember ,n 1rgm1 a fo r 1hi,. There are many mayors. managers. council peo ple. and we a lso ha,e C hri s Olson and Jim Inc h who arc planning to go. They do have one additional slot for a person in Englewood. a rnunc 1l member or a staff member, he said. and he just wanted to raise that to see 1fthere was a council member that wo uld be interested in going for a week in November. They have three s lot for E nglewood and a wattmg li st of thirty-five people. Mr. Garrett commented that it seems like a staff person would get more o ut of th is. Counc il Member Bradshaw agreed. Mr. Scars said he had not made up my mind to go o r not. He felt he pro babl y wo uld go. but wanted to give the opponunity to a council person because there will be a number of mayors and counc il people and commissioners that will be there. It is a great time in November for that. so he fe lt he would probably plan to attend that. (t) City Manager Sears thanked Council for all their suppon. commenting that this really is a great s uccess for this community. and that he has a really great staff. Everyo ne has worked so hard, he said, and he wanted to say thanks. 14. City Attorney's Report (a) City Attorney Brotzman advi ed that we need to revisit Agenda Item 8 (i). T here was a reason that the resolution read something other than Code Enforcement. he said . In talking with Sue Bradshaw. there is no opening o n the Code E nforcement Advisory Committee. There is no s lot. so Counc il will have to have another vote to withdraw the appointment to that Committee. Council Member Bradshaw asked what J. L. Barnes resigned fro m . She was advised that J . L. Barne, resigned from the Keep Englewood Beautiful Commi ssion. Mr. Garrett asked how we got that messed up. City Attorney Brotzman said he had no idea how that happened on the agenda. Mayor Bums commented that it wasn't exactl y accurate at the interview, and he understands that. with the rush o f the move. it was d ifficult . Ms. Bradshaw said she thought we had straightened it o ut. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO WITHDRAW THE FORMER VOTE ON AGENDA ITEM 8 (I) • "· I • 0 - • En&lewood City Council July 17, 2000 Pap27 • • - ' ' .. .. Ayes: Council Members Garrett. Brad haw. Wo losyn . Yurchi c~. Grazuh,. Burns Nays: None Absent: Council Member Nabholz Motion carried. City Attorney Brotzman said if Council so desires. we can make her the first alternate like we did wuh several other members. Council Member Bradshaw said okay. Council Member Garrett said that was a good idea. Mayor Burns said lets do that. 15 . Ad.Journ-nt MAYOR BURNS MOVED TO ADJOURN. The meeting adjourned at 9 :30 p .m. ~J.(J,t • I I • 0 1. 2. 3. 4. Call to order. Invocation . ; . .. • ,. • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , JULY 17, 2000 7:30 P.M. Englewood Civic Center 1000 Englewood Parkway Englewood , CO 80110 Pledge of Allegiance. ~ Roll Call. f/ ~/ ) ~(tf,4-JH()~ 5. Minutes. flnM5 -JI.,.... J a. Minutes from the meeting of Spec ial City Council Meeting of June 26 , 2000 .~ 7r~ (AP.i#IIJ: 61~~1.u.1r) 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) ff 7. Unscheduled Visitors. (Please limit your presentation to five minutes.) • g- • 8 . Communications, Proclamations, and Appointments. apfd. /J -O a. °tfd-IP-o b. . C. aw/d (r-0 A procla~_!!O~ ~on~ring Harold Ru st as Englewood 's Citizen of the Year for 2000. m~ A proclamation declaring August 1, 2000 as National Night Out.~ A letter fro~~st~.Gjl~on 1 indicating her resignation from Keep Englewood Beautiful. ft)~ P ..... nota: If you haw • dlsablllty and need auxNlary aide or Nnlic:N, pluN nollfy the City of Englewood (303-762-2405) at !Nat 48 hours In advMCe of when urvlc:N .,. needed. Thank you . • ' ' . 'I I . 0 32 • • Englewood City Council Agenda July 17, 2000 Pagel • • • d. A letter from J. L. Barnes indicating her resignat ion from Keep Engl ewood Beautiful.~ {)1 •• JL~ J e. A resolution appointing Kathy Ashenfelter to the Englewood Downtown ~ ',Pf'1-0Development Authority .~ 8.JoJ/:.g;;--~~ -0: resolution appointing Laurett Barrentine to the Englewood Liquor Licen ing ,,-· Authority.~ ~51, ~HA resolution appointing David Brereton to Keep Englewood Beautiful.~ {),. 4 r'? ~,,._~·/, A resol _uti_on reappointing Eric Bertoluzzi to the Englewood Cultural Arts ~;, '1~ ftomm1ss1on . ~ f),. ,,.., CJ?~i A re~olution app_ointini; Gloria Cameron to the Englewood Code Enforcement ~ .:,Z, ·(,-{)AdvijOl"I' romm1ttPP . ~ 1o ~~(A~e1.f~EAJr el;eRUr£Q r.~~«4'~-o,.;/Fr~-~lJJJl/!f ~,.~ -OA~ ..... .icli~ r()JZM-o ,µ f)Oj EA.I ~r-, Y ~;,;,,; /!JII ~ CfJ!I ~-{/' resolution appointing Opal Doane to e al ey enter rus Fund. ':: ~IJ~~ M.r11.A-O A resol _uti_on appointing John Goodyea r to the Englewood Planning and Z o ning yr-" Comm1ss1on .~ 0._ ·~/ A»JJJI ~ A resolution reappointing Kendra Grazulis as a Youth Member to the Engl ewood l'CJl)IJ 7r"' ~-o Parks and Recreation Com~ission . ~ /2MJ,l-t,J.. ~Ajrt)A resolution appointi~g Deborah Guintherto the Englewood Downtown ?'r' Development Authority .~ £) , .. ~_; ,._ J-A resolution reappointing Sam Kaufman to the Englewood Downtown ~ ~ "f'IH/,-() Development Authority .~ /), __ ~ 1 , I o.1_ A resolutionJ~apP,Oil)ting ~-L. Lunders to the Englewood Liquor Li ce n ing ,:.JAU.,..""1" rf>' r, -0 Authority. /1J I U,,l,UMr n,.·./J.lr' dnl};LJ'<A resol _uti_on re~~i~tin~J~net Moore to the Englewood Cultural Arts K.HJI ~ 7 rv' <rl/Comm1ss1on. ,".F~ .D, •. ,iJ.~~ ~ f!. res~lution recomm~di~g :-Jorleen Norden for reappointment to th e Englewood f..vw 7r~ ~-fftousmg Authority. ~~ ~~'1 iJaAJ,-{)A resolution appointin~a!h~r.Radosevich as a Youth Liaison to Keep 7r -Englewood Beautiful. ,,._, ~ ~IJ-~~1_J;__ resol _uti_on apP.~nJ'.ng Vernon Rempel to the Englewood Plann i ng and Zoning 7r rrlK:.omm1ss1on . ~ ~~1 11MJil,-rf. re~olution app_ointini._John ~oberts to the Englewood Code Enforcement Trr Advisory Comm1ttee.4~ /?1,4!_/J'lo 4-JtiS,tutroA),ll'P(), PINN : If you have a diublllty and !'leed auxiliary aid• or aervk:ea, pluN notify the City of Englewood (303-782-2405) at INat 48 hours In advance of when urvlces ant needad. Thank you. I . 0 • • • '', • - Englewood City Council Agenda July 17,.2000 Page 3 • 9. 10. a,,J~-0 a. Public Hearing to gather input on Council Bill No. 48, amending the Comprehensive Zoning Ordinance regarding Tattoo and Body Piercing Establishments . .d/'U,,tu.., ;/.~ ~~-o~~fr~~~ ~:~n~ K~e~.~...i ,,1~.u. /()~ . ./ -1 X Ir /-;',; e.1-1ii ~al 'of 6rdinances an#irst l(eacling. ,J J i. COUNCIL Bill NO. 55 -Recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance approving Southgate Supplement #148 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. COUNCIL BILL NO. 56 -Recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance approving Southgate Supplement #149 . STAFF SOURCE: Stewart H. Fonda. Director of Utilities. iii. Recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance authorizing a Quit Claim Deed for unclaimed land bel\.veen the City Ditch and 4685 S. Mariposa Street and ub equent grant of a City Ditch Ea ment. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. (1) COUNCIL BILL No. 57, granting a Quit Cla i m Deed . (2) COUNCIL BILL No. 58 , granting a City D itch Easement. iv. COUNCIL BILL NO. 59 -Recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance approving an Amendment to the Wastewater Collection Syst em Maintenance Agreement with Cherry Hills Village. STAFF SOURCE: Stewart H. Fonda, Director of Utilities . v . COUNCIL BILL NO. 60 -Recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance acknowledging an Easement Agreement beween Cherry Hills Country Club and the Cherrymoor South Water and Sanitation District. STAFF SOURCE: Stewart H. Fonda, Director of Utilities . vi. COUNCIL BILL NO. 64 -Recommendation from the Department of Community Development to adopt a bill for an ordinance amending the Englewood Municipal Code relative to Adoption of the Official Zoning Map. STAFF SOURCE: Mark Graham, Senior Planner. P ..... note: If you have • diublllty and need auxiliary aids or aervic:ea, please notify the City of Englewood (303-782-2405) at least 41 hours In act,ance of when NrVk:N are needed. Thank you. -. • A I • 0 • • --. • • -' Englewood City Council Agenda Jul y 17, 2000 Page 4 b . (flU4 1/17 r,Jl:4? ()1Jlt/-7 [JtJ.if9) C. vii. COUNCIL BILL NO. 61 -Recommen dat ion fro m the D epartmen t of Community Development to adopt a b ill for an ordinance amend i n g the Englewood Comprehensive Plan to i ncl ud e a Regional Pl an element and to sc hedule a public hearing for August 21 , 2000 to gather pub I ic comment on this iss ue . STAFF SOURCE: Mark Graham, Senior Planner. viii. COUNCIL BILL NO. 6 2 -Re comm endation from th e Department of Park s and Recreation to adopt a bill for an ordinan ce auth orizi ng the purchase of the Arapahoe Rental Property. STAFF SOURCE: Jerrell Black , Director of Parks and Recreation. ix. COUNCIL BILL NO. 63 -Re commendation from the Department of Park s and Recre ati o n to adopt a bill for an ordinance authorizi n g the lea se of the Arapahoe Rental Property to the fo rm er owner of th e property. STAFF SOURCE: Jerrell Black, Director of Park s and Recreation. Approval of Ord i nance on Second Reading. I. Council Bill o . 39, amending the Engl ewood Munici pal Code relative to Sidewalk Sales. ii . Council Bi ll No. 51 , increasing City of Englewood Non-Emergency Retirement Plan retirees benefits by three percent (3%). iii. Council Bill No. 53 , authorizing an Intergovernm ental Subgrantee Agreement for the 2000 Arapahoe County Community D eve lopm ent Bl ock Grant Program . iv. Council Bill No. 54, ordinance amending Title 1 of the En glewood Munici p al Code pe rta i ning to departmental orga nizati o n . Resolution s and Motions. i. ii. Re commenda t ion from the Littleton/Engl ewood Wastewater Treatment Pl an t Supervisory Committee to approve, by motion, the partial replac ement of plastic trickling fi lter media. Staff recomm end s the purchase of 23,424 c ubic feet of plastic trickling filter medi a in the amount of $101 ,910.00 from Brentwood In d ust r ies. STAFF SOURCE: Stewart Fonda, Director of Utilities and Jim Tallent, Operations Division Manager. Recommendation from the D epartment of Park s and Re c reation to approve, by motion, the purchase of a Fi sh i ng Pier for Centennial Lake. Staff recommend s awarding the bid to the lowest techni ca lly acceptable bidder, Mountain States Recreation . In c. in the amount of $23 ,950.00. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Spaces. P ..... nota: If you have a dlaablllty and need auxiliary alda or Mf'Vic:es, pluae notify tha City of Engl-ood (303-712-2405) at least 48 hours In advance of when aervlc:es ant nNded. Thank you . • I • 0 • • --· • I l, .. .. • -' Englewood City Council Agenda July.17, 2000 P~es,· iii. Recommendation from the Department of Public Works to approve, by motion, the purchase of an asphalt roller for the Street Operations Division . Staff recommends awarding the bid to the lowest technically acceptable bidder, Honnen Equipment Company, in the amount of $69,924 .00. STAFF SOURCE: Ken Ross, Director of Public Worl<s. 11 . Regular Agenda . a. Approval of Ordinances on First Reading . ff b. Approval of Ordinances on Second Reading. i. Council Bill No.~ ~ppro~ing the Hawthorn Su ites Planned Unit Development. ~ c. Resolutions and Motions. /)A._ .L i . Recommendation from the Department of Finance and Administrative ~'7/ Services to adopt a resolution approving the formation of a Special District and to schedule a Public Hearing for August 7, 2000 to gather public input ·~ 1 on this issue . STAFF SOUIS,q:J!_~,~.Crvitlewicz, Director of Finance and c.) -.:;; Administrative Services. ~4{;t/ ( A->'~ : Y{,(,l(JJIIU I {,{)()U)Syl)) I,~ IIA-~ : l?U-z.uu,1~s11~ ~,f-£R,Crr' 12. General Discussion . 1 .,/ a. Mayor's Choice. b. Council Members' Choice. I /Jfff)(r-0 ~P SIMIIJ /JtaU ro .. 13. City Manager's Report. W /11( IJRA-tv 7!IE-~RJtl'.e V OrE.. ~ AJ IJ<,~,t a. CityCenter Englewood Update . l'flf.M t (,j 14. City Attorney 's Report. Adjournment. CJ: $0 ~ The following minutes were transmitted to City Council between June 23 and July 13 , 2000: • Englewood Police Pension Board meetings of January 13 and March 6, 2000 • Englewood Liquor Licensing Authority telephone polls of May 3 and May 17, 2000 • Planning and Zoning Commission meeting of May 16, 2000 • Englewood Cultural Arts Commission meeting of June 7, 2000 P ..... noa.: If you haw• lllr rbllly and need auxllary aida or wvicea, plNN nollly the City of Englewood (303-782•2405) at lent 41 haura In advanca of.._. Nl'Vlces .. nNdad. Thank you. I· 0 l •r • -• ,,,-, . • • • .. ENGLEWOOD CITY COUNCIL ENGLEWOOD. AR.\PAHOE COUNTY. COLOR.\DO I. Call to Order Regular Session June 26, 21)00 The reg ular meeung o f the Englewood City Council was called 10 o rder by Mayor Burns at 7 :35 p.m. 2. Invocation The ,nvocauon was given by Council Member abho lz. 3. Pledge of Allegiance The Pledge of A ll egiance was Jed by Mayor Burns. 4. Roll Call Present: Absent : A quorum was present. Also present: Council Member, Nabho lz. Garren. Brad haw. W o lnsyn. Y urch,ck. Burns Council Member Grazul is City Manager Sears Cll) Ano mey Brotz man City Clerk Ell,, Director O lson. Safety Service s Planner Lango n. Community Develo pmen1 Directo r Simpso n. Community Development Engi neering Manager/Capital ProJects Manager Kahm. Public W orks Mayor Bums said he wo uld like 10 welco me everyone to the first meeting of the City Counc ,J rn these chambers. H e said he would like 10 thank City Manager Gary Sears. member, o f C1 1y Counc il . department head s. and all the people who worked o hard 10 complete the move. I kno w there is a little unpacking 10 be do ne yet. he said . but we have had some very good responses fro m o ur City staff and the pub lic . Mayor Burns commented that he was ho peful that everyo ne could hear wuh this o und system . He noted there will be a lot of adjusung as "'e u e 1h1s room. but 111 a great plea ure and a thnll to be here after many years of effort. On behalf of C unc,J. he thanked Assistant City Manager Mike Flaherty. who was sort o f the guru of the move. as we call him. and all the department heads that worked so hard o n this mo ve. He opined it went very well and 1t was a head oftime by the t ime it was completed. He was ho peful we will have many, many years of good use o ut of this building. 5. Minutes (a) COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF J UNES, 2000. Ayes: Council Members Bradshaw. Wo losyn, Yurchick. Burns Nays: None Abstain: Counc il Members Nabholz. Garren • .. 5a J I • 0 • • • Englewood City Council June 26, 2000 Page 2 Absent: Mouon carried . 6 . Scheduled Visitors ' . There were no s heduled , 1S11ors. 7. Non-scheduled \'isitors • .. • -~ Coun 11 ~lembcr Grazuh, (a ) Director hns Obon said heju t wanted to talk Jbu ut the Jul ) ~th fire " rk, enforcements. As you have pro bably read in the paper. seen o n TV and thro ugh a ,anety o f o urce,. he said . we \\Ill n e again parucipate in the very active enfo rcement o f fire,H1rk v1o lat1 o n, in the Ci t) thi, 4th of July. Actuall y. "e ha,c started 11 alre:id_ and '"II be mo re hea\11) ,mo II this Fnda) a, "e figure the whole "eekend is probably go in g to be tilled "ith thi s. But . Director 01 m ,a,d. "e are a ,er) a.:t1,e member o f the Metro F ,re"orb Educati on Co alnio n Comm ,uee. and o ur g_lMI i, t ma ke ,ure that peo ple m this metropolitan area. and the tate understa nd that mm 1st area, fire\\ork, are ,lkgal in the Swe o t Colorado . Even tho u gh yo u an bu~ fireworks in the tate o f o loradu . u,e. fe r the mo t p j rt." pr0h1b11 ed . He tated th at in Eng lewood. everything, proh1b1ted . e,en parklers . o ,f )OU ha,e fnend, or neighbors that are using these. please inf rm them tha t \\C "111 be o ut enfornng that and issuing n tat1n n,. he advised. We will be having a special team. o nce Jga in. o f a fire 1ghter and a po hce o ffice r ,,ut 111 a special unit . and they w,11 be go,ng o ut d1rectl ) to those I a11 u n,. He pointed ,mt th at the fire di\ 1,10n. a, well. will be go ing o ut and" di be confi scating and asking~ r c1tJt1o n. to be " ued . Su those "ill be presented generally thro ugh mumc,pal court . he said . depending o n the nature of the c harge . If 11 ,s snmc sort o f an arson charge, it could go to county o r d, tnct court a~ "ell. ,l "e w,11 be o n o ut there. and I gue ss I'm preparing you fo r th e fa c t that you may be getting some cnmpla,ms. he said As )O U ~nm ,. a Im of peo ple pend a lot o f mo ne y o n these firewo r~~-He stated th at "e "'II be .:o nfi scaung jnd ,s u,ng citatio ns . o there probably will be unhappy fo lks o ut there The "hole point , that 11 1 a n educat,on-t)pe process. and we ho pe that over the years it will enco urage citizens to adhere to the laws. as "ell a,. ho pefully. put a bug in the ear of the state legislature to get ome a 11,e "ork do ne on making ure that sales and use are taken care of o n a statewide bas, . He thanked C unc,I. (b ) Don Leadabrand. 328 1 South Galapago Street. said that fir t of all he \\anted to than~ t" o f the Council members. He stated that he called Ms. Bradshaw and M . Nabholz o n Satu rda) afternoon . The wind had come up Saturday afternoon. about a 'O to ~O mile an ho ur "fod. The entire area moved over ,mo m y area. he said. and the dust and dirt was suc h that we o uldn't sit o ut side f r about three hours. He advised that they did start the water truck thi s mo rning. Mr. Leadabrand as ked ,f there was anyo ne he could contac t o n the weekend to get some thing do ne about that. He acknowled ged that the Counci l members tried their best to get something done . but they couldn "t get aho ld of an ybo d y unt il Mo nda y. Nothing could be do ne until thi s mo rning. he sa id. wh ic h was a lmle bi t late . He asked again 1f there was anyone he could contac t. City Manager Sears advised that Rick Kahm. o ur project manager. was present. and he co uld pro,,de the name o f someo ne with Saunders Construction Company. Saunders is re pons,ble fo r the enure s11e . alo ng wnh Trammell Crow and their contractors. he said. and they would give Mr. Leadabrand a call later to morro, with the name of a contractor. He a sked Mr. Kahm 1f there was a contact person o n weekend duty. Capital Projects Manager Kahm said he did no t have that information at the mo ment. Ho wever. he advised, if they were to call Safety Services. the emerge ncy call number for the contracto r for Saunders i over there. Mayo r Burns suggested Mr. Leadabrand beg, en the name of someone to call . • .. I • 0 • • • Englewood City Council June 26, 2000 Page3 . . • • - Mr. Kahm s tated there is a wa o f c ma 11 ng 1h ,e fol ks on the v.eeke nd . ... Coun ii Member Bradshaw asked 1f they call afet~ er\'Jce . "hJt num ber do the y call. Ho " do they g.e1 ahold of Safety Servic es o n the weekend? M r. Kahm ad, tsed they -ho uld call '03-6 l -7 .i90 an d 1he n J;,k fo r Saunders Construction. M r. Lcadabrand said thank you and commented that he kn \\,, that !he people \\Ork1n g there do no r In c in thi s area. so they d o n't kn o w what 1s g mg o n. 1 realize th is 1, d iffic ult. he sa id . He no1ed th a1 he attended the nei gh borh ood meeting o f June 15th at Bishop c h,x>I. an d 1here "as quue a discus 10n re garding the wall. He a s ked if there was any o utcome of that mee11n g. Like \\ hJt. Coun cil Me mber BrJd,ha " asked. Mr. Leadabrand s aid a change in the, all. .. bring111g the "all clo ser o n Galapago Street. there i, s 1d l abo ut a 60-foot span and there was a discussio n o n the height o f 1he v.JII . Mayor Burns advised that Counc il Just had a d1 scu,s1on of 1hat m the Stud~ es,1on bet,,re th1, meeting 11 came up and we d iscu sed it o me more . he said. a nd Council', nsensus seemed to be IO t.1ke J gradu.11 approac h to that. to s tan m reas mg the wall o n the wes t side . Counc il Member Bradshav. tated that the wes t s ide "o uld be inc rea sed t\\O feet. Ma yor Burn, no ted that m a ouple o f weeks we'll be testing thi s becau e the bu e , wil l be running. and lookin g al the gates v.e 're 1alkmg a boul as v.ell. 10 tr y 10 v.ork with 1he nei ghborhood 10 ha ,e the be ;.1 erkc1 "e can fro m inc reasing 1he he1gh1 o f the \\all and al so 1he ga1e . The idea seems to be no 11u pu1 e,er~th1ng m 01 on e. bec au;,e we are nm ,ure we will need all of1hat . bur to .ee how 11 \\Or ks by 1m.:rea;,mg 1he \\all on 1he "es t s id e. and movmg 1o "ard the ea t. as 11 seems nece ssary. in order 10 ge1 the bes t rcsu l1 Bur 1hc "ho le idea 1, to \\N k wnh the neigh bors in order 10 ha ve the be,1 re,ull we c an. he said . 10 be capJble Jnd read) to do "hat "e need 10 do to have the be I res ul t. Mr Leadabrand said that he d1dn '1 kno \\ 1f he had any lime lc lt o n h1, five m inute . but 1here 1, J gentleman that ame m tha1 v.as not able to s1gnup to s peak . and he v.a "o ndenng 1f 11 \\Ould be Jll nght 11 he shared some o f my lime. M a)or Burns sa id s ure and he invited the gentleman 10 come n up (c) 8111 Mulnix said 1ha1 he o wns the pro peny al 31 0 So u1h G J la pa go tree1 and he JUi,I hJd a couple statements . He said he would again like to reques1tha11he v.a ll on Flo)d A,enue be clo,ed lie ad vised that. at the nei ghborhood meeling al Bisho p Elementary Sc h I tha1 1he y auended . 1he fire ,h1e1 said he had no problems with pulling in wooden gates al all of the o penings. a, lo ng a, they "ere bolled Mr. Mulni x s1a1ed the o pening a1 Galapago 1s 80 teer , and he wo uld hke 10 req ue,t that 1ha1 be brough1 do wn to 35 feel . and at 1he 35 foo1 o pening. 1hey pul in wooden gale 1ha1 " uld be tamed or pa inted to blend in with the brick. An 80 fool o pening on a sound barrier wall j us l does nor eem logical 10 tr y to ho ld pollu1 ion and dus1 and no ise out o f the neighborhood . he said . And agam , 1 wo uld J USI h ke 10 se e 11 the) could ... instead oftakmg a "alt and see auimde about ho \\ the ~00 bu e s are goi ng to a ffe t our c o rner. 11 we could get the gates taken care o f a soon as possible. Mayor Burns a sked if the 80 foo1 wall was discussed al 1he mee1ing. the O foot gap. He asked "hat 1he consens us was . Ms. Nabho lz said s he had 10 leave. Coun ii Me mber Yurc hi c k advised that they discussed it. 11 was brought up and the concern v.as ha,mg a "ide en ugh o pening 10 ge1 the emergency equipment through. He said he didn't remember the o u1co me Council Member Brad haw commented tha1 in the Study Session they said they wo uld acc e ss 1hat neighborhood via Eas tman. She asked if that was correct. • ... I • 0 • • -• Englewood City Council June 26, 2000 Page 4 • • - Mr. Mulm, sa,d i1 1s hi under landing 1hat they are w1denmg Flo )d o n the nonh side. o n 1he oiher ·,de of the bus r uie; they are widening that who le s tree1 there al so. ro make a cess fo r the fire 1ru.-~ . Council Member Bradshaw sa ,d they have decided 1he) can acce tha1 neig hborh ood 1,n Eastman "11hout addmg any widening to Flo yd. Mr. Mulnix said . 1hen they are no1 gomg 10 widen Fl o:d Jn) mo re' Ma:or Burn ,Lated 1hat Council was !Old a fe" minute, ago 1ha1 they determined 1he: ,ould go d o " n EJ tman w1tho u1 going down Floyd. Mr. Mulnix said that i what he th ought. Counci l Member Bradshaw as ked if his concern, that 1he e ntrance to Galapago is O feet . and he \\11 uld like to make that 35 feet with a ga1.e. Mr. Mulnix said he th o ught 35 feet wo uld be fine. becau,e 1ha1 ",,uld be sufficiem for the fire tru ks. Council Member Bradshaw asked if he had talked 10 other ne igh bor o n hi s bl ock. Mr. M uln" nmed 1h.11 Do n Leadabrand hve, right aero s 1he street. M s Brads haw explained that o ur concern,· 1h.11 lht"re \\ere people who were m early o n in 1he proces \\hen "e ,taned ialk.1ng abou1 thi,. abou1 ho w \\ere g,,ing 10 lreat Floyd. and the fact that "e were going 10 pUI a sound \\Oil up. And 1here were people \\ho \\Cre at meetings early o n in the process wh o aid tha1 \\JS JU.I fine . And until 1he I l 1h hour when you \\crc JI o ur last meeting. she a,d. and so was Mr. Leadabrand. thal wa. the o nly o bjectio ns we had heard up 10 th a1 poi nt regarding 1he wall. Ms. Bradshaw noted the planning proce has been going o n fo r Ji,e )ears. l\\c> for s ure. on that neighborhood. She explained tha1 "e Jre 1rying n 1 10 negate what was alreud. agre~d 10. with the res t of the neighbors. That ,s why. s he sa,d. "e are going 10 proceed at a s lo wer pa~e . I am 1r, mg 10 explain o ur point of view. Mr. Mulnix said he can unden,1and tha1. Counci l Member Bradshaw asked if s he had expluined ounci l 's po,11 1o n o n that fair ly. Mayo r Burns ,aid he tho ught o . Council Member Nabholz pointed o ut that "C arc nm going to qun listening to that ne,ghbc>rhood. Coun ii Member Bradshaw said absolutel) no t. (d ) Joanna Mulnix sJ1d she has talked to several o f their neighbor . and she ha , 1al~ed 10 1he lady al 3290 South Galapago and ;,he ,s o up.et he, read. to try 10 sell her house. that s he totJlly agree, and wants 1t closed. M . Mulnix said s he had talked to Lee and herry Sano n al 3270 So uth Galapago. They're o lder people, she noted. and they are too up;et about th1> whole thing 10 even show up. They al,o would like to have ii closed. The o nl y neighbor that I talked to. s he said . that wo uldn't comple1el y commu and wanted to think it over. is a person tha1 takes 1he bus a nd would hke an o pening at least at E la11 and Inca to access RTD. And every other neighbor 1s in fa ,or o f closing ,t. She stated that 1hey are concerned about parking problems, people walking up and do wn frnm lhe apartments 10 the park . and they believe 1ha1 access sho uld be along Inca. So they could access the park o nl y o n Inca. Council Member Bradshaw asked . M s . Mulnix said yes. instead of peo ple walking 1hrough their neigh borhood. as 1he) are already having problems with ev~n the workers. the noise. and the pollution. s he said . Council Member Bradshaw suggested she call Saunders and tell them. Ma)or Burns no 1ed tha1 "easy to say. but it ,s kind of tough to know where to call. Ms. Mulnix ad vised that they have been experiencing the problems all year. all 1he neighbors ha,e. especiall y on Galapago Street. They are trying to get across to Counci l. she said. that m o ur o pinio n we c an keep o ur neighborhood and still have the shopping center separate . Cou nci l Member Brads haw asked if they want separate gates . Ms. Mulnix sa,d yes, and clo ed Bui n t JUSt ugly wooden gates, s he said. something that wo uld look nice; no t ugly. brown wood gate . hut pa1n1ed . • .. 0 I • 0 - • • • Engle,.·ood City Council June 26, 2000 Page 5 • • -' stai ned. designed gates that wo uld go \\Ith the de 1gn of the \\JII. Council '.\1 ember Brad ha \\ J 1d )C> th.11 she heard that.. Mayor Burns commented that he tho ught this has been c n,1s1ent for the la.st se,eral vears. that this neighborhood said they wanted to be buffered fr m the effects o f th is de,el pment. a·nd 11 1s co nsistent "uh o ur pro mi se to them that that \\Quid happen. I think \\e sh uld conunue to \\Ork ve ry cl sely o n this. he said. Mayor Burns thanked everyo ne for co nung. (e) Steve Schalk stated he was with the Gothic Theater at 326 3 South Broad" ay in Englewood. He said he just wanted tn bring Council so me numbers from hi s last year with the three percent sales tax he pays for every person that comes to his theater. Mr. Schalk explained tha t he 1, ve r~ different than a movie theater. in that a part of the gross that comes into a theater is taken 10 pay fo r that mo vie. He no ted he so metimes has a SI0.000.00 act. and he brings in S .000.00. the City still makes three percent o f that and he has already lost $2.000.00. plus the three percent. Last year. he said. he ,pent. roughly. $423.000.00 for live talent and he brought in $270.000.00. the City made SS.000.00 and I 10 ,1 S152.000.00. I wo uld like the City to work wi th me for a little bll o n this partnership we have all talked about for so lo ng. he said. Mr. Schalk stated he is bring in g c ulture to E nglewo od. that he su pports a ne" dance theater. but that he wants to stay in business too. Mayor Bums said that he was no t s ure we can make up that kind o f gap. Mr. Schalk e xplained th,11 he 1s no t looking to make up that gap. that he is Just looking to ehminate that three pe"ent s a le, ta.x . I'm competing against theaters in both Bo ulder and Denver. and neither o f them pa)S tax o n ti c ket ·ale,. he said. He no ted the bands pay state and sales tax. Maybe yo u c an tell me. he said. where my mo ney goes. where the three percent goes here in Englewood. versus Bo ulder and Denver "here they get no thing. Where did my $8.000.00 go last year. he asked. Counc il Me mber Brads hu" said it goe; 111 the General Fund. Cit y Manager Sears stated it goes to provide pohce and fi re sen 1 ·e,. Mr Schalk commented that he pa ys taxes o n his liquo r and everything else too. City Manager Scars said it is a n admissions tax . it 1s actuall y tax that he o llec t;,. But 11 1 JU>t hke an) other business that collec ts tha t tax and it goe to the general fund. Mr. Schalk stated that live entertainment is a d1ffi cult bus ines s . He noted they are paying taxe s and he d1dn ·1 really sec the justice of thi s three percent. He noted 1t 1s not a tax o n the profi1>. 11 ,,, a tax o n the gross. I will give you a tax on the pro fit. he said. Mayor Burns said he is s ure he wo uld . Counc il Me mber Bradshaw advised Mr. Schalk that Counci l wo uld take thi s under advi sement. Mr. Schalk said that he had prepared a paper to give to Council with all those numbers . Ma)o r Burns said Council would be happy to accept whatever he had wnh him. 8. Communications, Proclamations and Appointments There were no co mmunicatio ns. proclamatio ns or appointments. 9. Public Hearing ta) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER INPUT ON COUNCIL Bl.LL NO. 33, APPROVING THE HAWTHORN SUITES PLANNED UNIT DEVELOPMENT. Ayes: Council Members Nabholz. Garren, Bradshaw, W o losyn, Yurc hick , • ) I • 0 • • • Englewood City Coundl June 26. 2000 Page6 Nays: Burn- No ne • • - Absent: o un ,I '.\1 ember Grazuli s Motion carried and the Public Hearing o pened. All witnesses were dul y sworn. Planner Tricia Lango n stated that this a co nt1nua11 ,m o n the public hearing o f '.\·l ay 15 th regarding <'Un,11 Bill 33 fo r the Hawtho rn Suites Limited Ho te l Planned ·m1 De,elopment. The purpose o f 1he public hearing is to de termine the land use dec 1s 1o n to con ,der the rezoning fro m R 3 to P UD for th e intent o f constructing the 52 room ho tel. At that public hea rin g o n May 15th. s he aid. apphc:mt l\lic hael Plante requested financ ial incenti ve s to . quote. make the hotel a realu~. He reque ted a \\ai,·e r of wat er Jnd ,e\\er asse sment fees o f S 127.000.00. \\aiver o f use tax o n materials for 50. .00. a batement o f the ,ale, ta, o ver a fi,e-year period with an average o f S-l5.000.00 per ~ear. and .in abatement o f the lodger ta\ m er .1 fifteen year perio d. which averaged S:22 .000.00 per year. Council d irected ,taff at that t ime to rese.1rch appro ximately seven key issues related to the incenttve request . 1\'1s . Lango n ,a,d ,he \\u uld like to than, all the departments 1n the C ity that assisted wnh the analy , . It ha, been a wmplex a nd difficult 1',ue. ,he said. and no t always quantifiable. but we did u . The appli c ant's request for financial 1n,·en11ves doe, n!ll affect the rezo ning o f the land. altho ug h it d o es directly impact the proJect. The appl 11:a nt , requc ,t d oc,. however. impact the C it y's incentive po lic ies for pri vate develo pment. To that end. 11y s tJl f re ·om mend, that Council separate the two i s ues into: o ne. land use. and rn o. mcent ne polK~. M ,. L.mgo n tatcd th.11 staff recommended that Counc il approve the land use and either den) o r ta ble the ,n ·entne, to ano ther forum . She aid she wanted to po int o ut. that in a co n,ersa11o n she had \\Ith !'.1 r Pl.mte late la,t "eel-. he indicated that he wa n t interested in P UD approval w11hout an rncentl\e p.1ckage . the re:1'11n bemg th.1111 wo uld encumber the pro perty. If the PUD is approved. what )OU wo uld ha ve apprmcd I what \\Ould be allo wed o n that pro perty. He mdic ated . al so. that he need, the assurance or t he Counc tl for ftnJnnJl incenu,es be~ re he goes for fundmg . Based o n the anal~s,s of the issues. tafffeeb that the hotel funding , nm secured at this time. and it appears that the applicant plan to use C,t~ mo 01e, to lc,erage a iinanc1Jl pac kage to improve hi s d evelo pment·s botto m lme and to produ ea pus1 tn e c ash n o w . The Cuy" general!) no t in the bus iness 10 make mo ney. n r I the n y m the bu,rne, to fi nance prtvJte d e,clopment . . he s:ud. So 10 that end. staff feel , that the financial rncen11ve, requested Jre premature . Ms LJngon JIU she wo uld like to rev1e\\-. qu,cl..l). lhe seven ke) area that o un ti rcque ted that "e re,,1e\\. Fir t ,rf. the legal que 11o ns : The abatement o f tax ,s illegal. What " legal ,, the rebate of tax . All tax must be o llcc tcd. a nd any rncenuve w uld have to be budg eted as an expenditure and then rebated. The li nanc1JI impac ts . the requested waivers a nd rebate o r abatements wo uld . over the hie o f the rncen11 ve,. be approximately $730 .000.00 cost to the C 11 y. he explained that. as part o f the analy ,s . \\C did a cost/bene fit anal ys is where we mo d e led ho tel a umpuo ns proJected o ,er 11me and b.,sed o n typical econo mi c tre nds . The ho te l d oes pro ,de a value to the greater communtt). Ho \\ever . 111 s not neces,anly that those mo nies wo uld be s pent here in Eng le wood . and those are the num bers that are diffic ult to quantify ... the benefits . With those pro;ecu o n,. the degree f accura y also d1mmishes over time. C o unctl al o a sked about previo us incenll ve . Has anythtng like this been ffered 111 t he past? S he sta ted that th~ waiver o f water and sewer dSSe s ment fees has never urred nnd that ,s 111 the p urview o f the Water and Sewer Bo ard. and s ho uld be referred to them. The ales tax ha ne,er been rebated ; lo dger"s tax ha never been rebated. Ms . Langon advised that they fo und two m stance , where u e tax wa rebated. ac tuall y. o ne package was with the First Data Corpo rauo n at 750 Hampde n. "here the y brought 500 job to the Cuy 111 that package. That waiver o f the u,e tax wa S'.?6.'.? 0 .00; coupled \<1th that \\as a use tax and land cape provisions for Omni Corporation. the owner o f the build mg. wh, h totaled S 17 .500.00. Together that package of incentives was approxi mately, $4-l .000.00, to bring 500 Jo b to the Cit y . There was al o J promissory no te reductio n o f $200.000.00 o ver a ten year period 10 Dillo n. whic h is a parent company o f King Soo pers . as long a s they kept a grocery s to re at the Tro lley Sto re loca11 o n. She po inted o ut that there are three other PUD"s in the City. and no ne of those PUD's have received any 111c ent1 ve s. that no u,e tax r building permit fees were wai ved o n this project. the building we·re in to night. o r o n the Trammel Crow res idential develo pment. Under the hotel study compari son , she said. and the ques tio n o n whether any o f • I • 0 - • • • Englewood City Council June 26 , 2000 Page 7 .,.. . • • - the studies predic ted an in cent ive need . the 1997 re po rt by Clari o n. wh i h was mit1ated by the City. predi cted in c reased cost fo r extended-stay hote l concepts . They fe lt that the s ucce sof a hotel \\Ould be bas ed o n the co mmitment fr o m th e h s pital to lo e 1t o wn lodg ing fa ihucs and to refer to the ne" hotel. They al so felt that the ho tel had to be mult1 -serv1ced . and n tjU t ha,e a hospital cl ientele base . C lari on also reported that the standard ho tel i a full -s ized hot el with banq uet rooms and conference rooms ... pu blic room o f that nature. The standard ho tel wo uld require ll y mc.:nt1 ves. and 1t "as unlike ly that th ose mcentive wo uld be balanced b y. ignifk ant benefit s by the n,. Therefo re . w11h that reas nin g. she sai d. 1t wo uld be reas nable to ass ume that if the mcenu ve s fo r the ta nda rd ho tel prod uced little benefit to the it~. then the cx1ended sta y. because 1t does not ha,e restaurant s o r meetin g fa ,l it~ rooms . wo uld prod uce e ,en le s benefit to the Cit y. The Hos pitalit y Real Estate Coun se lo r' . In orporated stud } do ne fo r the c lient . the Hawtho rn Su11e s c lient. s ho wed a fea s ibilit y that wa hindered by a s mall r o m co unt. and th e room ra1c wru, n t high eno ugh 10 upport the devel o pment ost and predicted a devel o pment gap o f ~6 .000 00 The studie, sho wed a 73 and a 69 per~ent occ upan y rate . re s pe c tl\'cl y . One o f the q uc,t, n . he nUted . concerned the c ap11al1zati o n rate of 10.5 percent . Mr . Yurch1 c k requested thi s mtormat1o n The e valuat io n o f 1he hotel is affected by 1he capi1ali zat1 o n rat e . 1t is a muc h mo re co mplex math e maucal fig ure. but very s impl y 111 s the net o pera11n g fi g ure di 1ded by the capitahzat,o n raie . T here f re. s he ad, ,sed . a s w1th an y figure pro po rti o n. the higher the cap rate . the lo we r the value of the ho tel o r vice versa . The capitalizati on rate is the rate o f interes1 cons idered a reasonable return o n th e ,n ve s tment, and the applicant is us ing the rate o f 10 .5 percent . bas ed o n a di sco unted c a;h tl o " o , the projected do llar di scounted to present -da y do llars. The question here wa s whether th a t 10 .5 perce nt""' an mdu try ,tJnda rd . And I was able to determine that an ac tual indus tr y standard fi g ure mJ v not c\l,t be a use the c ap1tali zat1 o n rate is market driven . Capitalization rate s range fr o m approxi matel y percen1 11 n the coast o f Manhattan and California. a nd up to ma ybe 13 perc ent 1n mid-Am e ri a . The consult 111 g compan) that we ,po ke "1th es timated th at the applicant 's ra1e o f 10 .5 percent fo r the De n,er met ro area seemed reasonable. Mr. Plante di stributed a handout 1hat is Exhibit 9 in Co un c il's pa ket. ,he sa ,d . and there are a number of figures that we reviewed . In his hando ut. he stated 1hat fee s dunn g o n;truc 11o n mcluded a use tax of $50,000.00. The Cit y's determination wa s that figure wo uld be cl ,er to $4'.!.000.00 The handout demonstrated building permit fees of $69.000.00. The C it y's estimate o f that \\Oul d be abo u1 $17 .000.00. M s. Lango n stated that between those tw o figures. the applicant 's hando ut" abo ut do uble th e C it y's esumate o f those figures for the cost during construc u o n. The ut ilit y ms tallau n cost and the as se s sment fees were reaso nable estimates. acco rding to the Utilit y Department We feel th ese are the co,1> of doing business here in Englewood. and the y are less here than el s ewhere m the metro po litan area . S he ex plained that these costs are also reflecti ve o f thi s parti c ular -ite . As we di sc us sed at the Ma y 15'" meeting. s he a,d. it ,s a co ns trained site and that affects co. ts. Al so in the hand o ut was an ar ea call ed ye arly taxes before and after constructi on. The hando ut demo nstrates that c urrent property ta xes are about $4 .000.00. Ac cording to the Arapahoe Co unt y Assessor's o ffice. th ose fi gure s o n the pro perti es are abo ut S2 .200.00. Actual monies received by the Cit y are a bo ut S'.!45 .00. The maj o rit y o f that mone y goe s to th e sc hool di strict and to the County. After co nstruction. the hotel. .. o n the hando ut. . .i s demo nstrated to have a pro perty tax o f abo ut $60.000.00. The Cit y. s he aid . estimated that figure to actually be abo ut $65 ,000.00 and . in actuality. the City wo uld re ce ive abo u1 $7.000.00 o f property taxe s . The sale s ta x o f $45 .000.00 pe r year and the lodger's tax o f appro ximatel y S22.000.00, are yearly averages o ver a 10 year projecti o n. and the y're based o n occupan.:y rate and room rates and the y seem to be reaso nable estimates . She ad vised th at the revenues wo uld actuall y be dependent o n hotel sales. Mr. Plante indicated that the effect o f the C i1 y' in centives wo uld be to reduce the co nstructio n cost o f the ho tel to a reasonable cost per roo m and that hi s intent was to use taxe to generate a pos itive cash fl o w. From the Cit y staffs pomt of v1e\\'. s he said. thi s financial tratcgy use s C ity mone y 10 leverage financial funding ... sweeten the deal. ,f yo u will ... improve the bott o m line or make the develo pment profitable and again produce a positi ve cas h fl ow. M s . Lango n said to ummanze the incentives. when incentives are considered o n a project. we wo uld like to look at whether the projec t bas adequate private funding, whether it is financiall y s table . and whether there is minimal financ ial risks relauve to the public benefit. The question here probably is ... are the benefits derived by the Hawthorn Suites Limited Hotel balanced by the request. She pointed out that the Hawthorn Suites Limited Hotel does provide a greater community good, altho ugh it is a limited publi c service good because it does not o ffer the publi c areas. It does serve a need that is currentl y lacking in the • I • 0 ] • • Englewood City Council June 26, 2000 Page8 • , . • • o mmunity , there ,s some increase in pr peny tax rc,enues. It doe, o ffer approxima tel y ten job . albe11 minimum wage j o bs . and it does pro\'ide ,ome pin -off do llars to the greater ec ono my. Again . th is ,s difiicuh to quantify as to the amo unt of dollars th at the Englewood communit y wo uld actually gather. Hawthorn Suites Limited Ho tel does n I pro vide conference rooms fo r proms or weddings or anythin g o f that nature . It d oes not provide an o pportunit y fo r urro unding complimentary de ve lo pment. For the fir 1 fhe years o f its existence it "o uld not provide sales tax revenue. and for th e firs t filieen yea rs ofns existence it would not provide lodger's tax . Staff co nsidered 11. not a questi on of whe ther the extended ,ta y 1 the type of hotel needed in the City. but rather is the extended sta y Hawth rn Suites Limned Hn te l the type of hotel to which the City wants to provide mcenu ves totaling S732.000.00 over the lifettme o f the request. Again. s he said. the ho tel fundin g is no t secure at this time . It appears that the applicant mwnd 10 use City mon ies ro leverage a financial package to improve his bo uo m line and produce a pos,uve ca,h Om . And again. because rhe City is not in the business ro finance private de\'elop ment. sta ff feel, that a ny incentive package offered by the Cit y is premature at thi s time. and that the devel o pment does no t warrant an incenuve package of rhi s sca le . Ms. Lango n asked if Co un ci l had any questions . o uncil Member Bradshaw said well done. Mayor Burns stared that Council reall y appreciates all the" rk that ha, bee n do ne o n thi>. He noted there has been considerable staff invo lvement. He noted they had al>o tJl~ed about recel\ m g mo nie s bac k fr o m the sa le o f the ho tel ar a future time . Ms. Langon advised th at that ,,, ,llegJ I under the TABOR amendment. Mayor Burns no ted that collecti o n of rhe tax by the applic ant. v.1 Lho u1 pa) mg 1t 10 the C1ty 1> no t le ga l either. Ms . Lango n said that is right. the y wo uld ha ve to o lle ct all tax. the n rebate It a nd that v.o uld ha ,e to be rebated as an expenditure through the Department ofCommumt ) De,elo pment. Mayo r Burns said he th o ught the applicant made It abundantl y tear that srn lf;, nc lu,1 n 1; ex.ac t!) correct. that they needed the financial package fr o m the Ci ty. r\ "e understa nd 11 . they either ha,cn·t do ne a lor of work with the bank on getting the financing o r the y realized so me ume ago that It "a; rm t go ing ll> be financed by rhe bank with o ut an incentives package fr o m the II). o. he ,aid. the ~e ) quesw n. mdeed . ,s whether the C1ty wants ro make or break this proJect. That ,s about "hat the) are a;,k,ng u to do MJ)< I Burns stated that for a variety of reasons. a number o f these ,tern, they ha, e reque ;ted . "c hJ , e not done before . r rhe Water and Sewer Board has to do or whatever. He sa id 1t eem , to h,m that there 1> 1u,1 a t,,1 o f gro und we would have ro break here th at would be new. M . Langon no ted that earlier this evening we also aw another reque I for an ,n cntl\ e package o f ,on, Council Member Wolosyn said she wondered why. o n the Councli Co mmun, auon . after s uch a ,trong d,s ouragement about voting for rhe incentives , there was the advi sement to go ahead and ,o te fo r the z mng c hange . Because . she asked. isn 't each zoning change paruc ular fo r that parucular use . Ms . Langon sard rhal is correct. but there are rwo separate iss ues here : there ,s the land use ,s ue that ha s o nl y ro do with the rezoning and that is what the public hearing was for. and the other iss ue was the policy issue. She explained that they are independent yet greatly tied together. Council Member Wolosyn sa id then youjusr look ar it in sort of an ab stract way ... thar yes a ho tel wo uld be good here so we could d,, a zoning change. bur rhar zoning c hange doesn 't continue if th is deal d oesn't fly. She asked if that is right , if s he understood that correctly. M s. Lango n explained that the PUD is a rezoning , and basicall y o n the PUD what yo u approve is what i built. There is a provisio n within the PUD that the current residential properues could remain. bur bas icall y iris for the hotel purpose. Ms . Langon nored that if the hotel is not built , that s he thought the lan gua ge is ... if there is nor s ubs tantial progress within a three-year rime and that mean a budding perm,r, pulled ... the zoning revcns back ro the original zoning, ro the R-3 zoning . Basically ir would go away • • 0 I • 0 - • • Englewood Cil}' Council J unc 26. 2000 Pagc9 • • - lhr ugh a proce, . If you do approve the P D. but \\itho ut the pac~age for the incentl\c. that does encumber the land so that the onl) thing that can happen o n thal land is the ·o ntinuat1 o n o f the existing re 1dent1a l pro perties or the h tel itselfbemg built . She asked 1ftha1 answered Council l\lember \V o lo ,n\ que t1ort Ms. Wolosyn said yes and thanked her. · Co unc,I Member Yurch, k asked if the de\'elo pers are sa~ ing that tf )OU d n·1 give him tinJnc1JI ,n,·entl\e,. he doe,n't want the zoning change. l\l . Lang n said that ,s correct. becau,e. as she undastands 11 . 11 \\,1 uld en umber the pr perty. From o ur conver at io n .. he ad, 1sed. she underst o d he was no t m1ere;1ed ,n en umbering the propert). Mayor Burns ;aid that was m y questi o n. If the applicant doe,n·1 want the zn nm g "ithu ut the tin.111c1al mcenuve. who are we to impose it o n him ' Ms . Langon said exactl). that ,he th o ught 11 \\J, fu r Mr Plante 1,, decide whether he pulls th e applica110n and that 1s something thJt, possible . Mayo r Burns said that he sees tha t as j u t not good policy for us 10 do that. C o unnl Memht'r Wo l,») n asked for clarification. Mayor Burn sa ,d he meant for us to grant the re zo nin g " he~ the JpplicJnt hnn,el i doesn't even want to d o that. Ma yo r Burns asked ,f th ere \\ere o th er que,uon,. There were no ne fr o m o unc,I. Michael D. Plante of Evergreen C o lo rado ad, 1>ed that he \\JS here repre cntrng the Je,elo pment teJm ,,n the prospective project of the H awthorn u11e H otel. He sa id th a t t mght \\e ha,e heard rnnln ntJtlo n u t what he wa asking for th e la t ume at the hearing. That. ,n fact. the hotel d o es nOI ma~e a Im n t sen,e without the economic in ~en u,e,. He sa ,d he "ould li,e to po int o ut that th ey are in,entl\es that Jrc ucJtcJ through tax revenue, paid for by the h, tel. These are n I re ve nue s generated by any o th er ,o urcc I le emphasized that the y are not I ,,mg at property tax. whi c h he heard menti o ned se ,·eral time,. \\'ere looking at so me .art ofa tJX pa)ba • after "e collect the tax. a nd I believe the term I u ed la,t time \\3 > in correct. and I stand c rrec ted on that . he ,a,d. Mr. Plante stated that a rebate of the sales ta.x. after thei are colle ted. \\Ould be ab lute! a11~fac1 or) There are a couple of ,s ues . he said. that hew uld li•e tn bring o ut. F1r,1 of all. he o pined that \\hJt "e need 10 address t night. and the objecu ve of thi s ,>uncil meeung. s hould be 10 clanf ,n fact "hether o r not the Cny could enjoy any benefit o ut of th,; hotel. and 1> 11 worth the lime \\C spent \\Orking o ut the problem. First of all. he said . I think economic benefit can be ver mynad and dl\erse m a hotel project. He pointed out that nght now Englewood ha s three mJJ <J r visll r demand general rs: S"edt h. Po rters. and Craig Hospital. There are othe rs. but ,f \\C ha,e thJt need for peo ple in the City of Englewood nght now ... ma y be under ci rc um stances that d o nu t plea.;e the m ... but nonetheless the y're v1s11ors t th1> City. He noted that nght now }Ou ha,e no hosp1tali1~ Th1> C11y doesn 't all o w v, it rs to the City to experience the City. Right now the y're going a\\a} fr o m the 11,. and wh o kn o "s what o ther benefits go to th ose o ther c itie s. I ha ve to th ink back. he sa,d. o n "here I \\as three rnghts ago. when m y brother was having cancer surgery at Po rter. and m y brother -in-law and my ister a nd I \\>ent 10 Fra1ell1 ' afterward s. We were here. we came to th e Ci ty and enJ oyed the it) If \\e were from o ut of town. we might be goi ng to Old Chicago. next to the Hampden Inn perhap;. But. he no ted. there ,s a lso a social benefit to the people who visi t the City. I think . he said. that "e Jl so ha,e to think abo ut the ci uzens of Englewood and realize that the ho mes that were built after Wo rld \\'Jr II \\ere ho mes that ho used smaller families and right now don't in corporate the idea of guest bedrooms and si 1ua11 o ns where the re si dents of Englewood could provide a le vel of hosp italit y to the people that come in to visit. .. grandkids o r c hildren . Right now. he maintained. there is no hosp11al11 y re o urce ,n Engle"ood that could benefit the citizens at large in a large part of the communtty. He s tated there can be other soluti o ns to what we 're talking about. So, he said. if we look at there being no econormc benefit because we haven 't generated the sales tax re venues. because we are o nl y taking them back to make ure that this hotel does work, then he would have to think that maybe schools aren't ve r y nece sary. o r ma ybe unl\ersn,e aren't very neces ary 10 communities becau e they d o n 't pay th ose kmd s of taxes . Or maybe o ur chu rc he s and synagogues are no t as important. Is hospitalit y not an impo rtant feature of the commun11y. he asked. I thmk the p oi nt is made that there is benefit. and I would like the City to recogmze • } I • 0 • • -• Englewood City Council June 26. 2(HIO Page 10 • • - th at th e re is benefit while we ioo k al 1h1 s. he said . He Staled 1ha1 he and the de vel o pment te am o f 1h e hnie l a re no 1 look,ng for eco no mi enric hment o n 1h1 s p rojec t. They are ver y 1nteres1ed in e s1abli s h1ng J me th od by "h,c h. 1f1hrough an aud11 process wedo nol need the se incen11,·e s . we w,11 no11ake the se 1m:en11 ve , We are ver) intere sted in d o ,ng that. he said. Mr. Plante advi ed that. with regard to the fi na nc ,n g commnment. the y h3\e talked and talked to lender regarding 1h1 proce , a nd the) alre ad~ kn o \\ the a n \\Cr I no. We d o n·1 need 10 make appli c a11 o n and find o ut 11 i no. he sa ,d. \\C a lread v ha,·e 1h .t1 m ,\\e r fr o m o ur lenders . Plante s1a1ed 1ha11he fac11ha1 the y ha ve no finan c ing co mm11ment is "hY he ,s 111 fr o m o f C o un 11 to night. bec ause the y c ann o t have a financrng comm11ment under 1he.e con ,tra,nt, 111 Imm o f u , We d 11·1 kn o w that ever) thing that I ha ve di scussed previo us ly ,s the ri g ht a pproa h 11 d o 1h 1>. he ,a ,d We d o n't "ant a PUD o n the land . We d o no! want 10 c hange o ur land use if. ,n fa c t. "e c an ·1 re ach a re so luti o n o n 1h1s . Because frank ly. he stated . il s had o ws the propert y fo r I\\O years. and"" d c1 n·1 "a m that. He said he wo uld like IO suggest the fo ll o wing ahernau ve . that we form so me so rt o f a 1a ,k ft1 rcl! bet\\een him ,elf and perhap, the C11 y Ano rne y"s Offi c e . perhap Bo b Simpso n o f Co m mun11 y PIJ nmn g. and perhaps our representati ve C o uncil member and o ur bank . Thal \\C ,it do "n and d 1>,u,; P"'"bk k g.ti ways by whi c h we can enher ra, e the bridge o r lo wer the water o that the ship an pa » a nd \\e an aclually have a hotel in Englewood . So with that. he said . hi reques t to ni g ht ,, 1ha1 \\C Jn n k a1 ,n me o t 1hc benefit s 1ha1 the City ·ould have and decide "hethcr or n01 111 s \\Orth g o rn g ! nc step furth er: lh Jt "e iahlc thi s to another C11y C o un 11 meeting and in 1he meanllmc we ha,e a task f re c arran ge d o f penpte o f Council"s choosing . bu! it wo uld c crlarnl) in Jude him and his bank. and 1h a1 "e 11 d ,mn a nd Ir) in t1gure o ut a wa y 1h1 s projec t o uld be a realit). He thanked o un c il fo r the ir lime . Directo r Simpso n not ed 1ha1. fir st o f all . 1h1 ha; been a reall y d,ificuh a pp lic J ll o n I k ,aid he \\Jnt cd to go o n rec o rd as saying that \\e·rc not ai a ll o pposed lO a ho 1el 111 th i, cnmmun ll ). qu11e the ·unt rar). I le o p rncd that it ha s been made very clear~ rthe pas t se,crat ye ar . that 1h1 , un 11 a nd pre ,1 o u~ ,Ju n,11'. ha ,e indicated a ve ry s trong intere st 111 se c urrng ,ome so rt uf hosp11al11) lod g in g 1111h 1> commun,t y. T o tha1 e nd . he said. one of the thing C o un c il all o wed us to proc eed "'th "a .i h nel ,1ud ) 10 ;ee \\hJt k111 d o f e ffo rt; could be made 10 put ah tel 1111 0 thi s commumt ) Th,; pani c u)Jr a p phc a11 o n. as I ,aid . 1> d 1fti ·ult be a use clearly Hawthorn Suite;, a quality h tel. I ha-e perso nall ) w ured a Hawtho rn u11 e 1hJ1 ,, loc ated withrn the Denver Tech Center. he s a,d. and 111, J "o nderful fa c iltl). ver). very good qu a il!~. It 1:, J h ig h end product. in fact. and there are so me reall ) grea1 a;pec t o f II from th.II <tand po rn t. He ,a,d lhJ l he 1h111ks what II come, d o \\n 10 . and Co uncil c an ,ee fr o m 1h e ,tatf rep rt. is that ~1 . wngo n ha , d me a tremendou s job of d o rng an a nal y,1 s on a very d1fficu l1 s ubJe c l. Fro m a land use >1~ndp o 1nt . he n01cd . we have no problem wi1h 1h1 s and. ,n fa c t. "e are re o mmendrng 1ha1 we p roc eed w11h 1h1>. The d,fti c uh y" what krnd o f 111centive, are appropriate . Mr . S,mp n ,aid 1ha1 . al first blu sh. when an a ppli c ant o r de el o per tel ls me there is no pro fit berng made. I do ha ve to ,mile to so me extent becau e the re a lit y here ... and II is noted w11h111 the appli c ant· rn fo rmati o n ... i there 1s go ing to be a JO and a half perc ent return o n inves tment. That ,s what the des ired rate o f re turn is. That,-al so rca, na b le . I ha ve nn1 h111 g b ut good to be said about devel o pers makmg pro fit . he aid. that I what cap11ah m ,s a bout. 1ha1 is what run s o ur country and that is what is appropriate and rea o nable in thi s part1 ·ular a se . But we need lO re ali ze there is a profit motive here. so so mebod y 1s go mg 10 do o ka y . Again. he s aid . "e co me back 10 what is appropriate . Directo r Simpso n said he wo uld like lO make a s ugge su o n. if Co un c il 1s amenable. that we table this until July 17th. with direction fr o m C uncil that we d o take another look at the se inc entiv e s. Perhaps there is something that can make that boat fl o at under that bndge. he sa,d , but he d o e, n t kn o " what that is . He explained that it ,s difficult to determine that because through o ur anal ys is ... and we ha ve had taffthat have looked al th is ver . cl o sel y ... the gap anaty is d o esn't prov ide us the understandin g th at 11 takes to determine what is that appropriate level. So, he said , we are gorng to be loo king to Co un c il 10 determine whether we need to proceed with this. We are interested. we d o wa n! to work a nd we wan! 10 gi,·e it o ur very best effort . So again. he noted, it is go,ng to be up 10 C o uncil to help us proc eed. Mayo r Burns asked if an y Cou ncil members had a c o mment . He commented that he ha s seen ho tel proposal s for 20 years . • I • 0 • • • Englewood City Council June 26, 2000 Page II • • - Discuss, n en ued between C o uncil members. Mayor Burns explJined that o un.:11 "a Ju;,t .:I.mt~ ing the legal point o f whether the. needed to conunue the heanng. Mayor Burns co mmented that he has seen hotel proposal s i r many year,. and he ha, e ,e n ,ee n "h11e tent re eptto ns where a ho tel entity had anno unced they were go ing to build a hotel and 11 1dn·1 hap pen There are o b vio usly some very significant financial challenges o f d o ing a ho tel fa c ili ty 1n the C it ) I hJ,e nn o bJec11o n to co ntinuing this mailer to ano ther date to see ,f the staff an \\Or~ on thi s and come up" 1th o me kind of recommendation to Co unc il. he a,d. l\fayor Burns c o mme nted that. indeed. the ·onclu,1011 o f the staff 1s the same as the develo per said last time. that witho ut the incentl\ e pac ~age fro m the 11~. the financing wasn't goi ng 10 be there. He said he thinks that is a real chalknge to o un 11. be J u,e "hJt we're being told is. without your pamcipati n we're no t go ing 10 have a ho tel. But. he ;aid . he tlmught D1rec1 o r Simpson's comments were appropnate. there is a pro fit built ,n here ,n thi s "hole )!>tcm J nd thJt ,s ano ther thing we can talk about 1f we ha,·e a ta k fo rce o r a group 10 re, 1e" this further. He J d, 1 ed that he ,s willing to do that. but he "o uld be caut1 o u,. as he tho ught most f Counc1 l \\OU!d be . a, to \\hat \\C can do here. He pointed o ut that \\e ha,e looked fo r mo re hospitality ,n the C it y for a long ume and 11 wo uld be wonderful 1 f we could have 11. but he tho ug ht "e have to have II in the proper terms. and be fa11hful to the kind o f mandate \\e have fro m the 111zens o f this C n y. to be care ful o f o ur mo ne y and guard o ur incenti,es so we apply them ,n the proper way to the pro per project. Co uncil Member Bradsha" said at thi s point s he wo uld move that C o unc il direct the sta ff tu cont inue the wo rk with the develo per. Mayor Burns asked if they needed to continue the public hearing. Council Member Garrett reque,ted perm1 s,1o n to peak. Mayo r Burns told him to go ahead. Council Member Garrell stated that he \\Ould m ,e to clo ,e the public heanng . He no ted that he ,s really in favor of a hotel. but the ques11 n. fo r him. come d o wn to what level do they need to be s ubs idized . to him that is a policy questio n. He said he, not prepared to subsidize at this point. The reason I am no , ready 10 subsidize at thi s point. he ,aid. e,en ,f "e give 1l ano ther three weeks. is that he wants t see ho " this development works. he -.ants to see ho " S uth Broadway works. We may have eno ugh eco no mi c generatio n going on here that wed no t have to subs idize. He said his mind \\o n·1 change o n that poin t He said is for closing the public heanng and putttng this to bed today. Because. he s aid. he d e n 't think he wants the applicant to s pend a lo t o f mo ney o r o ur staff to spend a lot o f time at thi, po int. He stated that that is his view. Counc il Member Brads haw a ~ed 1f th,; 1s a process . taff could learn fr o m o r no t. Director Simpso n lated that we can always learn fro m all things . that there is value to looking at it. But. he said. he also understand where Mr. Garrett is at. I'm no t sure we'll ee a substantial change in three weeks, but there 1s al"ays a poss1b1l11 y. he said. Directo r Simpson commented that he kno ws ho w 1mponant this I to Counc il and he JUSt wanted to give it ano ther sho t ,f II was imponant eno ugh. Counc il Member Bradshaw no ted that she spoke early on about ho w we -.eren't going 10 give away the City to get a hotel. She said she didn't know if this was on that magnitude. but certainly thts is the grcate,t subsidy she has een come before Co uncil in her 10 years on the Council . and she j ust can't see us belaboring the point. She thought if something new could come o ut. she wo uld enco urage taff to d o that . she said. but if it can't . then let's j ust go ahead and vo te, like Mr. Garrell said, o n what we're d o ing. at 1h1s pomt. Council Member Nabholz stated that she is with Council Member Garrett o n this. that it is time to put it to rest. this unbelievable incentive package. I think staff has researched it from one end to another. and I applaud them on their effons she said. • ... I • 0 • • -• Engle..,ood City Council June 26, 2000 Page 12 . •, There was no one else present to speak. • • -... COUNCIL MEI\IBER NABHOLZ l\lOVED, AND IT WAS SECONDED. TO CLOSE TIIE PUBLIC HEARING. Ayes : Council Members Nab ho lz. Garrett. Brad,haw. Wo losyn . Yurl'h1c~. Nays: Absent : Burns None Council Member Grazul1s Mo u n earned and the Public Hearing closed . C it y Anorney Bro tzman said he would like 10 clarify that by closing the public hearing. thi s will c me ba.:~ 1 Co uncil a, a ,econd reading at the next Co uncil meeting o n July 17th. unless the apphcation 1s withdrawn. Council Member Bradshaw o ffered her thanks 10 staff and stated they did a good Job. 10. Consent Agenda COUNCIL l\lEMBER GARRETT MOVED, ASD IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i). (ii), (iii). IO (b) 1i), (ii). (iii), AND 10 (c) (i), (ii). (iii) and (h·). (a) Appro ,al o f Ordman es o n First Reading (il COUNCIL BILL NO. 5 1. INTROD UCED BY CO NCIL MEMB E R GARRETT A BlLL FOR AN ORDINANCE Al'vlENDING TITLE 3. CHAPTER 6, SECTIO'.'I 7. S BSECTION . OF THE ENGLEWOOD MUNICIPAL CODE 19 5. I 'C REA SING THE BENE FITS FOR RETIRED MEMBER AND BENEFICIARIES OF THEE 1GLEWOOD 'O:---EMERG E NC'Y EMPLOYEE RETIREMENT PLAN BY 3%. (ii ) CO C IL BlLL NO. 53.1 'TROD . ED BY CO NCIL MEMB ER GARRETT A BILL FOR AN ORDINANCE APPROVING AND A THORIZING THE EXECUTION OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 2000 ARAPAHOE CO NT Y COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE AR APAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD. (iii ) COUNCIL BILL NO. -~-INTRODUCED BY COUNCIL MEMBER GARRETT A BlLL FOR AN ORDINANCE AMENDING TITLE I. CHAPTER 6. SECTION 2 ; CHAPTER 6 8 . 6D. 6F. 6G. 6H. 61 AND 6J; OF THE ENGLEWOOD MUNICIPAL CODE OF 1985 PERTAINING TO DEPARTMENT AL ORGANlZA TION. (b ) Approval of Ordinances on Second Reading (i) ORDINANCE NO. 42. SERIES OF 2000 (COUNCIL BILL NO. 49. INTRODUCED BY COUNCIL MEMBER BRADSHAW) .. A ) I • 0 • • • • ... • - Englewood City Council June 26, 2000 Page 13 AN ORDI AN E AUTHORIZING AN lNTERGOVERNMEi'.'TAL AGREEMENT ENTITLED ··1 n, JUDICIAL DI TRJCT J VENILE ASSESSMENT CE!'.'TER INTERAGENCY AGREEME. T"" AUTHORIZL 'GALL AGENClES PARTICIPATING IN THE JUVEN ILE ASSESSMENT CENTER TO PROVIDE AND SHARE 1 FORMATIO WITH EACH OTHER CONCERNING J UVENILE WH O PARTICIPATE I, THE A SESSMENT AND INTERVENTIO PROCESS ES CONDUCTED BY THE JUVEN ILE AS ESS ME 'T CENTER. (ii) ORDINANCE NO . 4 3. SERIES OF 2000 (CO NCIL BILL NO . ·o. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ADMINISTRATIVE ORDINANCE REPEALING TITLE 5. CHAPTER 29. ··SECONDHAND STORES" AND AMENDING TITLE 5. CHAPTER 15 , SECTION I. TO I NCLUDE ··SECONDHAN D DEALERS'': RENUMBERING TITLE 5. CHAPTER 29. SECTION 3. ··SALE AND DJSPLA Y OF WEAPONS" AND AMENDING TITLE 4 . CHAPTER 4. SECTION 2. ENTITLED ··DEF!NlTl :-.: ... AND TITLE 4. CHAPTER 4. SECTION 4 SUBSECTIO '(B J. ENTITLED .. EXEMPT TAXPAYE R . GARAGE SALES ... AMENDING TITLE 5. CHAPTER 15 . TO INCLUDE SECONDHA,"ID DEALERS AND AMENDING TITLE 7. CHAPTER 6C WITH THE ADDITION OF A NEW E TION • ENTITLED ''SALE AND DISPLAY OF WEAPONS": AND AMENDING TITLE 7. C HAPTER t,(1=1. SECTION 6 WITH THE ADDITION OF A NEW SUBSECTION C. OF THE E GLEWO D MUNJC[PAL CODE 1985. (i ii) ORDINANCE NO. 44. SERIES OF 2000 (CO CIL BILL NO. 52. INTRODUCED BY COUNCIL MEMBER BURNS) AN ORDINANCE APPROVING MILE HIGH COMPACT AMONG C ITIES AND COUNT IES ORGAN IZED UNDER AND EXIST ING BY VIRTUE OF THE LAWS OF THE STATE OF COLORADO. (c) Resolutio ns a nd Mo u ons (1\ RESOLUTION 0 . • 1. SERIES OF 2000 RESOLUTION AUTHORIZI NG THE COLLECTIVE BARGAI ING AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF J ANUARY I. 200 1 THRO GH DECEMBER 3 1. 2001. (ii) RESOLUTION NO . 52, SERIES OF 2000 A RESOLUTION AUTHORI Z ING THE COLLECTIVE BARGA!NlNG CONTRACT BETWEEN THE ENGLEWOOD FlREFIGHTERS LOCAL NO. 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF J ANUARY J. :200 1 THROUGH DECEM BER 31. 2002 . (iii ) RESOLUTION NO. 53. SERIES OF 2000 A RESOLUTION SUPPORTING THE CONTRACTOR SELECTIO FOR THE E GLEWOOD PARKWAY AT CITYCENTER ENGLEWOOD BY THE ENGLEWOOD ENVIRONMENT AL FOUNDATION. (iv) PROFESSIONAL SERVICE CONTRACT WITH CLARJON ASSOCIATES LLC FOR PHASE I OF THE UNIFIED DEVELOPMENT CODE (UDC) IN THE AMOU T OF $35.000.00 Vole results: I • 0 • • -• Englewood City Council June 26, 2000 Page 14 Ayes: Nays: Ab ent: Mouon earned. I I . Regular Agenda • .•. ... • -~ Council Members Nabholz. Garrett. Bradshaw. Wo losyn. Yurchic k. Burns None Council Member Grazulis (a) Approval of Ordinances o n First Reading There were no addiu nal ,terns submitted for approval o n first reading. (See Agenda Item 10 · Consent Agenda.) (b) Approval of Ordinances o n Second Reading (1) Mayor Bums advised that this 1tem 1, Coun 11 B,11 Nu . '9 Jmend1ng the Englewood Municipal Code pertaining to Sidewalk Sales. Planner Langon advised that on June 5th, Council held a public heanng on the ,ssue o f sidewalk sales. and at that time Mr. Clayton of the Chamber suggested a c hange ,n the detim11 on . C11y Anorne y Br tzman ha, drafted language for the change of the definitio n t read a public sidewalk sale is a "co mmunn y e,ent or celebration allowing use o f public sidewalks by Englewood merchants in the fro nt of their business a, authorized by the City Manager or designee ." What this d cs ba icall y. she explained. is remllve the review and the issues of when and where and how the sidewalk ;ale s are conducted . fro m Councd . and put it on the City Manager or hi s designee. Those are the o nl y c han ges. She asked if there were any ques11o n,. Mayor Burns said they remember that and it seemed to be pretty well accepted by the staff. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AMESD AGESDA ITEM II (bl (I). CO~CIL BILL NO. 39. §16-8-1 DEFINITION OF P BLIC SIDEWALK SALES AS READ BY MS. LANGON. COUNCIL BILL NO. 39. INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AMENDING TITLE 7. CHAPTER 68. SECTION 6. TITLE 11. CHAPTER SECTION 3(8 ): AND TITLE 16. CHAPTER-'· SECTIONS 10. I'.!. AND 19: AND CHAPTER . OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO PUBLI C SIDEWALK SALE Vote results: Ayes : Nays: Absent: Motion c arried . Council Members Nabholz. Garrett . Brad haw. Wo lo,yn. Yurch, k. Burns None Council Member Grazulis COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (b) (I) • COUNCIL BILL NO. 39 AS AMENDED. Ayes : Council Members Nabholz. Garrett, Bradshaw, Wo losyn. Yurchic k . Bums Nays: Absent: None Council Member Grazulis Motion carried . 0 I • 0 - • • • Englewood City Council June 26, 2000 Page 15 ,,.. . • • - ••••• Council Member Garren stated he would be ab,tJining on .~genda hem, 11 (b l (11 ) a nd (i11 ) bei:au,e of J confli ct of interest with his employer. (ii ) COUNCIL MEMBER BR.\DSHAW MOVED. AND IT WA S SECONDED. TO APPROVE AGENDA ITEM 11 (b) (iil • COUNCIL BILL NO . .a.a. ORDINANCE NO. 45. SERIES OF ~000 <CO NCLL BILL NO. 44. I NTROD "CED BY O NCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING E'IITERING INTO A .. RI G HT-OF-WAY US E AG R EE l\l ENT"" BETWEE THE C ITY OF E. GLEWOOD. COLORADO AND METRI COM. INC. Counci l Member Yurchick a ked "hat does 11 mean. in the third paragraph. where it .a ,s ··a, "ell J> facilities owned b y third pame,:· He a ked "ho 1> the 1h1rd pany. City Attorney Brotzman explai ned tha t ,f Public Service ha, J pole . in the C,ty e:i,ement. and the) get permission from Public Servi e. the~ al o need pcrm1ss1on from us becau e they are in o ur easement. s,, they need permi ssio n fro m b th under that circumstance. he said. They have lO receive perm1>,1 o n fro m that third party. Mr. Brotzman said . Mayor Burns asked if there "ere a ny o ther q ues11o m,. There were no ne. Vote results: Motio n c arried . Ayes: Nays : Abstain: Absent: Council Members Nabho lz. Brad haw. Wo losyn. Yurch,d. Burn, None Council Member Garrett Counc,I Me mber Graz.uhs (iii ) Mayor Burns advi sed th,; 11em 1s Couni:tl Bill No. 4 . appro vin g an Jmendmcnt to the City's Basic Local Exchange Service; Bus ines and Occupa11o ns Tax . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (b) (iii)· COUNCIL BILL NO. 47. O RDIN ANCE NO. 46. SERI ES OF 2000 <COUNCIL BILL 0 . 47. INTRODUCED BY CO NCIL MEMBER WOLOSYN) AN ORDINANCE REPEALING TITLE 4. CHAPTER 5. OF THE "' GLEWOOD M N IC IPAL CODE 1985 AND REENACTING A NEW TITLE 4. C HAPTER 5 ENTITLED ··ENGLEWOOD BASIC LOCAL EXCHANGE SERVICES BUS INESS AN D OCCUPATION TAX." Counci l Member Nabholz. said this s tates that th is is not a new. a tax rate increase. an extension of an expiring tax. an increase in a tax . o r a tax policy c ha nge directl y causing a net tax revenue gain to the C11 y. So this is no t a tax inc rease . That. s he said . is her question. Frank Gryglewicz.. Director of Administrative Services. said that all thi s does is reallocate ho w the tax , collected. Right now it is a flat rate. and this takes the !lat rate and di vide s it by the number o f existing lines. It lowers the barrier o f entry to new firrns wanung to come into the City, he said . Because. as it,, c urrentl y . even if they provided o ne line, they wo uld have to pay the flat rate . So, he explained. thi s encourages competitio n in the City o f Englewood. • ) I • 0 - • • -• Englewood City Council June 26, 2000 Page 16 .. . •,. • .. • -' Council Member Nabholz said then this wo uld not be an m crea e o n the tax that Mr. Schalk is currentl y paying. Director Gryglewicz said no . Vote results: Ayes: Nay : Abstain: Absent : Motion carried . Council Members Nabholz. Bradshaw. Wo losyn. Yurc hick . Burns None Counci l Member Garrett Counci l Member Grazulis (c) Resolutions a nd Moti o ns There were no additional rcsoluuo n or motions submitted for approval. (Sec Agenda Item IO -Con,cnt Agenda.) 12 . General Discussion (a) Mayor's C ho ice (i) Mayo r Bums wel comed everyone 10 the fir t regular Counc il meeung 1n the nc, chambers and ho ped they would find these facilities much more useful th an the one we leti . \ e'II be working o n the vari ous system s in the building. he said. incl uding thi s room. as we go al ng 10 make them the best we possibly can. (ii) Mayor Bums said he was asked. by the Chamber of Commerce. Jbo ut buying two foursomes for the George Allen Golf To urnament scheduled for Jul y 12"'. l\tA YOR BURNS MOVED, AND IT WAS SECONDED, TO APPRO\"E TWO ro RSO:\I ES .-OR THE CHAMBER or COMMERCE GEORGE ALLEN GOLF TO RNA:\IEST ON JL'LY 12. 2000. Ayes: Council Members Nabho lz. Garrett . Bradsha w. Wolo,yn. Yurch1d.. Burns Nays: None Absent: Council Member Grazuli s T he mo tion carried. (b ) Counc il Member's Choice (i) Council Member Nabho lz : I. She said she appreciated havi ng a number to c all so that citizens. hke her. can have contact o n the weekends if we have a problem with the dust a nd noise. 2 . She thanked everyone who was involved with cleaning up and fixing up the fami ly shelter o n So uth Grant. The he lp was greatl y appreciated, she said. and she wanted to emphasize that thi s is a fam ily she lter. 3. She welcomed everyone to our new Council Chambers. (ii) Council Member Garrett reminded Council that. during the Study Sessio n, we di sc ussed c anceling the July 3rd meeting because there is goi ng to be quite a few July 4"' activities taking place Jul y 3n1 . • • I I • 0 • • Englewood City Council June 26, 2000 Page 17 ... • ... • - COUNCIL MEMBER GARRETT MOVED. AND IT WAS SECONDED. TO CANCEL THE J UL Y 3, 2000 CIT\' COUNCIL MEETING. Ayes: Council Members Nabholz. Garrett. Bradshaw, Wolosyn. Yurchick. Bums Nays: Absent: None Counci l Member Grazuhs The mo ti o n carried . (iii) Council Member Bradsha\\: I. She recalled it was almo,1 a year ago that C o un ti "a dealing with an issue o n Dartmouth regarding a church across from a res1dent1al area. There "ere, me problems. she said. becau,e Ne"c,,mer Mortuary wanted to come in there. at Dartm uth and l!m,·ers,t~. That church was purchased by a K,,rean church. which had been hanng the Emmanuel Method,~! Chur hat Yale and Dowmng . She said she drove by there and it really I ks mre. It, a good u e and he "a glad Council didn't vio late the residential area by putung a busmess use m there The~ ha,e taken care o f the property and maintained It . and she felt that. as a group. we made a really good dec1s1on regardtng that issue. Mayor Burns said that was good to hear because o unc1I took a strong position on that. Ms . Bradshaw recalled that wasn't a very popular dec1s1on. but she really felt the community was being served very well. 2. She again welcomed everyone to o ur new home. and in vited them to keep lettmg Cound l kno w about the dust problems . Mr. Leadabrand said he wo uld. M . Bradshaw said she had a fee ling he might and that she reall y appreciated his phone call and giving us a heads up on that. (iv) Council Member Yurch,ck: I . He thanked Assistant City Manager Flaherty and Public Works Directo r Russ fo r soothtng 1hem when both o f the contractors were showing up at the same time. and getting the park mg \\Orkcd out Jnd their signs put up. They seemed to be happy with that. 2. He said we discussed a little bit about it in the Council meeting that EDDA I goi ng to rcque,t a special process so they can get their tax district o n the No vember ballot this year. He said he requested that 1hey nottfy every business o wner who would be affected by this district so they ca n c me to the Jul y 17th meeting and have their input . 3 . He said EDDA took a vote and voted to spend $55 .000.00 finishing the concrete from the street to the building tn the 3400 block of Broadway and the east half of the 3300 block. He said he to ld them he would ask Council to consider waiving the $20.000.00 they j ust asked for in lieu o f the m investing $55,000.00 to finish the s idewalk. Council Member Brads haw asked if they were putting up the $55.000.00. Mr. Yurchick said yes. and we waive the $20,000.00. Ms. Bradshaw said s he had no problem with that. Mayo r Burns felt it was a positive move for EDDA to participate in this and this is o bviously the time to do that improvement on the sidewalk. . ' ) I • 0 • • -• Englewood City Council June 26, 2000 Page 18 ' . ... • .. • -' Council Member Bradshaw aid EDDA means Englewood DowntO\\ n Deve lo pment Authorny. for o me o f you sitting o ut the re that m ig ht not kno w that. COUNCIL MEMBER YURCHJCK MOVED, AND IT WAS SECONDED, TO WAIVE THE $20,000.00 ASSESSMENT ON THE SIDEWALKS ON SOUTH BROADW A\". Council Members Nabho lz . Garren. Bradshaw. Wo lo,}n. Yurch1c~. Burns Ayes: Nays : None Absent : Counci l Member Grazulis The motto n carried. Mayor Burns noted the EDDA $20,000.00 payment 1s waived . (v) Counc il Member Wolosyn said staff had JUSt in fo rmed her that o n July 3rd "e had scheduled that publ ic hearing about the tattoo parlor zonin g. so she asked me. to mo , e that "e resc hedule the public hearing for the July 17th meeung. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO RESCUED LE TIIE JULY 3, 2000 PUBLIC HEARING ON CO NCIL BILL NO. 48. AME'.'iDING THE COMPREHENSIVE WNING ORDINANCE PERTAINING TO TATTOO AND BODY PIERCING ESTABLISHMENTS, TO THE J ULY 17, 2000 C ITY CO 'NCIL MEETING . Ayes: Counc il Members 'abho lz. Garren. Bradshaw . Wo lusyn. Yurch1~k. Nays: Absent: The motion carried . Burns No ne Counc il Me mber razuh, • •••• Council Member Bradshaw asked how many member o f Council ,ol unteered to be in the dunk tank o n the Fourth of Jul y . She no ted that she and '.'.Ir. Yurch1 k. Mr. Sears and Ms . Nabholz have vo lu nteered . :S:c,t year 1t will be the rest of you. she said . Mayor Burns said he has done that ... the dunk tank. pie in the face and wet spo nge . Ms. Bradshaw no ted that she and Mr. Garrett take turns doing that. o . he wa s just c heckin g. If you want a sho t at any o ne o f us. come o n down and pay yo ur mo ney. Ms . Bradshaw o ffered . 13 . City Manager's Report (a ) Cny Manager Scars said o ne of the things we promised to provide at the new Civic Center is a good air conditioning system. and we have failed to do that this e vening and I apologize profusely. Mayo r Burns said he didn't kn w how ma ny times he had turned to them in the old building and asked for more air. Mr. Sears said he would make thi s a very, very high priority. Counci l Member Bradshaw said the lights up here are very. very hot. ' ~ ~ ., • ) I • 0 • • Englewood City Council June 26, 2000 Page 19 • • - City Mannge r Sears sa id we nee d to make some adJ us tm e nt s he re . a nd apo lo gi zed 10 th e a udie nce a nd Co un c il. (b ) C it y M a nager Sears th an ked C o un cil a nd sai d he wa s g ratefu l for the s up po rt o f th e ,tJ t'f ,n ma king th e c ha n ge. The staff just has d o ne an in c redib ly d1ffi c uh and great Jo b. he sa id . and thanked those in th e audie nce. Ke n Ro ss. R ic k Ka hm . Bill A mack. Jerrell Bia k. Bo b S,mp,on. a nd all the o the r,. fo r re all y making a n effo rt to mak e tht s a good ho me . I J USt wa nt 10 sa y f"m rea ll y pr ud tu wo rk "11h ,11 ,·h a good staff, e spec iall y M ike Flahert y over he re. he sa id . W e 're till a se ss in g all o f the i,;,ue , .• md "e hav e a lo t to d o in terms o f fini sh to uc h up. but I wa nt to say than k yo u to Cou ncil Jnd the :'-.la o r tor a ll yo ur s uppo rt . I c an a ss ure yo u al so. he sai d . th a t "e ha ven 't los t fa it h in the con11 nua11 o n ,>fth e proJec t Jnd we wi ll ma int a in a push o n th at a nd will ke ep Co un ci l posted o n the sta tu ;, o f thJt M> \\e ,a n get th,. 1h ing cl os ed a nd mo ve ahe ad . It is cert a inl y a t the to p e nd o f o ur pno nty lt st. (c ) C it y Mana ger Sears said Ric k l>:a hm wa s unable to be a t the e a rli er ,e»1L•11 th1 , e ,cnm g I have a s ked him to come fo rward so he can ta lk 10 Co un ci l abo ut o me 1f 1he num er a nd dc,,~n 11 mc, ,n 1er ms of th e wall. he ad v i ed . Mr. Kahm ha s bee n th e proJeCI ma nager. and I didn 't want 10 ,eco;d gue,, where we 're go in g , he explained. Mr. Sea rs fe lt \\e c o uld p ro bab ly pr ced "nh t he e,pandcd "a ll Jnd 1he ga1e s. if C o uncil wo uld like to move . He sa id he wa nted to ha ve 1he fact, a nd la y 1he con~ern s o ut to Co u ncil. He m vi te d Capita l Proj ec ts M a nage r Ka h m to wlk a bout th at a !111le b u M r. Ka hm apo logized fo r be in g kind o f ca s ua l. b ut he was ,n th e dirt in th e fie ld all d ay and he reall ) Ju,1 ,1 pped b y 10 ,ee ho w the Coun c il Ch a mbers o pe rat ed th, e,em ng. Yo u all look re all y good u p the re. he o mmented . He s a id he ho ste d an o pen ho use a t B i,ho p ElementJr. , hool a \\eek a go Thursda y. ln11 1JI I~. the mee 11n g wa s set u p j ust to spread info rm a11 o n ut to the cu mmunit ) a, t "hJt "" "er e p ro pos ing .,1,rn g Flo yd Ave nue. s in ce we hadn 't had a s good a co mmum c a11 o n a, he "o ul d hJ ve lt ke d . Subseq ue nt 10 111 ) nu t1 ce . he ,a,d. th e re we re fo lk s fr o m th e neighborh ood th at app ro a hed C u y Co un ,tl and had concern,. At that mee 11n g the re were severa l fo lk s fr o m the nei ghborhood. A tuall). the mee11n g \\aS a tt ended b ~ abo ut t\\e nt y c 1t1 zens and abo ut eight to ten sta ff members. There were fo ur o r ti ,e c 111ze ns fr o m the neig hborh ood th a t were concerned abo ut th e bu ses a nd the no ise a nd th e po llu11 o n. a ll o f th o,e thin g . In th e Ci ty's defense . th e re were a lso a num be r o f fo lk m the nei g hbo rh ood th a t poke ,i n be half o f the 11~ and fe lt th a t the Ci t y had. in fac t. ho no red commnme nt s the y had made th ro u gh the devel o pme nt p roce» to the co mmun ity. he sa,d. Re gardl ess o f that. Mr. Ka hm stated that he th o ug ht we were :111 a"a rc th a t ther e wa a po te ntial impact o n th at neigh bo rh ood fr o m the b uses. He aid he d1>cu s ed a t leng t h a t the mee ti ng. wuh Be n G reene. the Ci1y·s Fire Ma rs ha ll . th e po s1b1ltues o f cl o ,n g o ft the mter,en,o n, at Fo x. Ga la pa go. Hu ro n , a s we ll a th e a ll ey . wi th put11n g up sc reen fe nce s a nd acce, g ate ,. l\·1r. G ree ne c h,hc to s leep o n that. he sa id . Unfo rtunatd y. he went o n vac atio n. Mr. Kahm ,a id . a nd he wa s n't ab le 10 ge t ,llth Kieth Lock wood to fini s h th a t di sc ussio n until thi s las t Frid a y. At the meeti n g. th e Safot~ er" e, fo l~, po inted o ut th a t there a re rea ll , tw o re s p nse s to th at a rea. In an e me rgency. there \\Ould be tru ·k, di spat c hed fr o m TeJ o n. a s well a fr o m the Jeffe rso n S ta t io n. They fe lt th eir p nmary re spo nse . 10 t ha t a rea. wo uld be fr o m Eas tman A ve nu e . But Mr. Greene po inte d o ut he wo ul d need a se cond a ry acc e ss . bec au c 1f in fa c t th ey d is patc hed a truck a nd it c ame in fr o m Ea st ma n a nd laid hose . if th e y needed add 11 1o nal equ ipment . the y c an't c o me 111 beh ind where the y al re a d y tie d o n to th e hose . So th e y need a se cond acc e,,. When I concluded m y di sc uss io ns with Kieth Loc kwood o n Frida y. he said. it wa s a greed that in fa c t th~y could li ve w ith gated intersec t io ns. so we could cl ose that o ff . At Gal a pag o, rig ht no w. there 1s a e vent y· fiv e foo t o pening . He explained that the rea so n that is se vent y-fi ve fe e t, is th a t that is th e o nl y p lace thro ugh that area that we had prov ided fo r pede stri a n ac ce ss ac ross Fl oyd Av enue to get back and fo rth . If yo u cons ider that we ha ve a thirt y-two foo t street a nd we 're lining o ur hand ic apped ramps up wi th th e c ur b and guner o n both si des. that c reate s thi s fort y-fi ve foot o pening . In o rder to ha ve proper sight di sta nce . so the fo lk s aren ·1 stepping o ut fr o m behind a wall , it wa s nec e ssary to ho ld the wa ll bac k the add i11 o na l di stanc e . S o we ended up with a se vent y -five fo ot o pening. Mr. Kahm said. pno r to the meetin g a t B1>hop . staff had already reevaluated that crossin g fo r pede strians and concluded we could p roba bl y ge t b y wi 1h a pedestrian crossing o nl y o n the wes t side o f that int e rsectio n. So we had a lread y talked a bo ut nar rowi ng that o pening b y thirty feet. The narro wing wo uld take pla c e o n the east si de o f Gal a pago. he s a id . We • I • 0 • • • Englewood City Council June 26. 2000 Page 20 • • • wo uld jus l ex1end the masonry wall one mo re secti o n. So. he s aid. we had alread y co ncluded we could d o 1ha1. What we're looking at right no w is thal we 1alked about cl o sing all ch ose access po int s and puning m wood ga1e . He said he understood there was al so an interest o n C o unc il's part 10 rai se 1he wa ll by 1wo feel. He aid what he wo uld recommend this e vening. is if they were interested in rai s ing the "all. that 11 wo uld be prudenl at thi s lime 10 JUSI rai se lhe wall by lwo feel. becau e o therwise we w0 uld go in and pul a even-fool fence 10 malch lhe seven-fool wall. and if we c ame ba ck 10 rai se lhe wall 10 nine feel. 1hen th e fence wo uld o nly be seven so we wo uld be back c hanging 1he fence and 1he g ate s o ur. Mr. Kahm said. "hile he wa s sining in the bac k o f 1he room. he looked al some numbers. in ca e ii wo uld be o f in1ere s 1 10 Council. budget wise . We are. in fact. dealing with about 1.-00 feet o f bri c k wall o ut there righ1 no w. He said he ha n ·11alked to the contracto r. but based o n the price o f 1ha1 wall. whi c h 1s abo ul S 0 .00 a foo 11 0 build. he is a suming 1t wo uld be about $20.00 J foo l o r approx1ma1d y $25 .000.00 10 rai se 11 1wo feet. So 11 1s nol a maJ o r cost. he said. that can be do ne . We have al so looked ar the co s t o f los ing rhe 1h1rt y-three foot o penings wilh wood and wirh the wooden gales . and e,cn al nine feer . he fell II wo uld co,t abo u1 $15 .000.00. The onl y additio nal c o st we are looking ar. he aid. 1s thar by narro wing rh.: o penmg a r Galapago we need 10 add thirt y foot o f wall and 1ha1 "o uld cosr o mewhere around $3 .000.00. So o veral l. we 're looking at a c o st in,rease o fabour s.i ·.000.0010 S50.000.00. he said One rhin g. he s a1d .1hat he ralked 10 Bob Simpson about at the conc lusio n o f rhe meermg a1 Bi s ho p schoo l. was whe1hcr we rh o ug hr we should tolally clo se tha1 neighborhood o ff. Our sraff o pini o n""' thar \\C really need 10 maintain rhe pedestrian access a1 Galapago . In fa ct 111 s n quarter o f a mile berween Ela11 and Inca. While we heard from some folks on Gnlapago that were co ncerned . 11 1s reall y a large neighbo rh ood. no rth o f rhere . and we think chat probably a pedestrian ac cess th rough thar pomr wo uld possibl y benefit 1ha1 wh o k nei g hbu rh ood . But that. he said. is of course Co uncil's c all. ln ralking 10 Safely Services. 11 1s s llll nece ;,. ary fo r us 10 mainlain thirty -1hree feel between lhe ma sonr y o penings al all rhe ,1ree1s and inrer secri o n,. Becau se e ve n 1hough 1he gale is only tweniy feet . 1hese tire truck s have 10 swing in and swing o ur. If. m facr . the y swmg wide. they don·1 mind knocking down a wood fence. bul !hey d o n·1 wanl IO hir a masonr y wall. So "e du need 1he rhirty-three foot openings . Council Member Bradshaw nored 1ha1 Bill Mulnix said he wanrcd it 10 be thirt y-five feel . Mr. Kahm said we are at 1hirty-three feet ar the alleys . we're a1 seventy-five feel al Galapago and we 're rec mmending pulling that IO forty-five. he said. The rea. o n it would be al forty-five is. if we're propo ,mg pedesman access. it is off el 10 1he s ide o f rhe in1ersec1i o n. In o r her word . he said. in all 1he o cher ms ran ce s . 1hc 1hiny-1hree feel is c enrered on rhe street 10 the no rth. Council Member Brad haw s aid ;,he wa s glad the y were already chinking ahead. Mr. Kahm s aid chat acrually whal the y pro posed at Bis ho p. if Safely Service; s uppo rted 11. tha1 we c lo e the o penings and pul in gares . Bui agam . 1f iris ne c·essary to raise the wall. all 1he wood wo uld bear sc,en instead of nine . Ms. Bradshaw said 1ha1 was whar s he had pro posed earlier. wa s 1ha1 we jus1 rai se the , all. C i1 y Manager Sears s aid . based o n 1h1 s. we c an go ahead and proceed . He said he wanted to make s ure we were o kay and chat we had looked a1 all !he different angles . But if Mr. Kahm feel s comfortable. and C hm Ol son s po ke earlier saying rhe Fire Department wa sa1i s tied wi1h this . chat he fell we could proceed und e r rh ose guidelines . he said . II will rake so me 1ime 10 gee rhe wall up . and in terms o f fabri cati o n o f th ose gare s. ii may cake us a month or so before that actually happens . Mr. Kahm said 1ha1 is c orrecr. We have the RTD stalion opening in a short period of lime and we need 10 concenrra1e o n getting thal usable . Bui, be advi sed. we will immediarely tart wo rking on 1he des ign changes and gemng the gates fabricated . He said he agreed wi1h Gary Sears . 1ha1 ii will probabl y cake fo ur or five weeks to gel chose improvements in place. Ms. Bradshaw said we will moni1or it closely . 0 I • 0 • • • Englewood City Council June 26, 2000 Page 21 •,. • • - Mr. Kahm said . during the same 11meframe. we'll also be working the area north of the brick "all bet\\een there and the properties . We have got a road to widen there and additional creening fences to put o n those adjacent properties. he said. So there is additional \\Ork to be do ne there as \\e ll. Council Member Bradshaw thanked Mr. Kahm. Mayor Burn asked. as part o f the o pening and preparing for the buse and so fo rth. where "e Jre. a t th,, point. o n the s teps and the bus turnaro und and that sort of thing. and ho w much o f the piazza d oe, he es1,ma1c will be fini shed by th e time the RTD li g ht rail opens . Mr. Kahm advised that Saunders Construction had provided h,m with a chedule that ha the things "e need to be functio nal for the o pening of RTD. Ba icall y. that says that all the road,, n the prt1Jec1 "ill e paved: again. keeping in mind that all the asphalt at Galapago. Inca . the Parkwa~. 1 be111g left d O\, n Jn inc h and a half. because o f all this construct ion activny that will take place o ,er the ne,1 mo nth, "uh retail and residential being develo ped. And then we will t p those street o ut \\he n we're d o ne. But all t the street will be paved. Right now the north parking lot 1s ba 1call y complete. Flo yd A,enue \\I ll be do ne for the buses to get in and o ut. Inca will be done up to Dartmo uth and we e~pec! that s ignal to opcra11 o nal as well. The bus bays will be fully operauonal. The sidewalks adJacent to the bus bays will be rnmplete. he said . The top lift was po ured last Friday o n the reps o mrng o ff o f the bridge. The ,no wmelt system ,s already in place. and the metal fabncato r fo r the bridge 1s preparing to put the rest o f the dec k ,n place. he advised. Mayo r Burns asked when the bridge wo uld be o pera!lonal. Mr. Kahm respo nded that it wo uld b<.0 abo ut three days before we need it. the I 0th or 11th. Mayor Burns said there would be a tour o f the light rail b y C 11y o fti ial s o n the 6 th . He asked if that m~an,. when it s tops at the bridge. the bridge would no t be complete. Mr. Kahm said that ,s right. On the 6 th they will probably be pouring decking . Mayor Burns said we probably d o n't even want officials there. Counci l Member Bradshaw said, o ~ the 6th. all we're d o ing is rid mg to Mineral and back. Mr. Kahm said the station itself. the platform is ready 10 go. Mayor Burns said Ms . Bradshaw was probably right. There probably wo n't be a sto p there anyway. Mayor Burns asked if there would be parking. si nce they're saying we may get 10,000 peo ple o n Saturday. the 15th . Mr. Kahm advised that Trammel Crow is agreeable to allo w us to park in their area. RTD prefers no t to. so he felt it would probably be an overflow situatio n. The o ther thing that may be available 10 us . he said. although he has not discussed it with the Wal-Mart folks. is the Wal-Man parking lot. which he felt wo uld be paved at that time. Mayor Burns said we can stir up a lo t of dust o n that side. Mr. Kahm agreed. In fact. he ad vised. there is a call li st that was provided. at the beginning of the project. 10 Safety Service s. so they ha ve emergency numbers. including my own. he said . Saunders is prepared 10 respond . They do. in fact. have a water truck on the project. But it is really unfortunate when things happen. hke Saturday. Saturday I was playi ng go lf. he said, and I couldn't see 10 get across the bridge fro m the dust that c ame off o f Birummo us Ro adways property. I! happens in a hurry. and by the time folks call , it is pro bably gone by the time they respo nd . As we go forward. as more of these parking areas arc paved. the problem will lessen. h won't be very lo ng before Trammel Crow starts coming o ut of the ground and every time they put in foundatio n it is that muc h more site that is n't susceptible to the dust situation. We will continue to wo rk o n that, he said. He no ted • I • 0 J ~ • • • Englewood City Council June 26, 2000 Page 22 • • • ... they have already talked about the weekend of the 1-'th· with the number o f people "e "111 ha,e there that we will just continuously water. but that is a real expensive proposition. you can·1 anu ,pate "hen the winds are going to come up. Council Member Nabholz thanked taff and Safety Services for anending and ho lding that meeting at Bishop. and mal..ing themsel ves available. even tho ugh it was on a Saturday. And thank ~ou for the continued suppon: she said. You listened to those citizens. She commented that Mayo r Pro Tern Bradshaw made a very good analog)'· that we have been so used to this pla e being quiet . no t used 10 the traffic and hubbub of the old Cinderella City. that it is difficult when you add 1n four hundred buses around here. it is going to take ome adJustment . Mr. Kahm agreed. (d) City Manager Sears said we have a new Informatio n Sen ice Directo r coming to the Cuy from Kirkland. Washington. and he will be here on July 12th. His name I Do n Ingle and he ,s o ut tanding. with a great background. I appreciate Direc tor Gryglewicz· effort. he said. He ha d o ne a marvelo us j o b o f keeping the IT program going. And the telephone system here really is great. So as soon a he gets here. I'll put him in contact with Council. he said. 14 . City Attorney's Report City Auorney Brotzman did no t have any matters 10 bring before Council. ••••• Council Member Nabholz said Thursday night's concert in the park had the biggest attendance s he had ever seen. • •••• Council Member Bradshaw congratulated Mr. Sears for makmg it through Ride the Rockies. Mr. Sears said he was just happy to be here. He commented that he rode against 60-mile-an-hour winds. but he chose LO ride against those winds. He thanked Council. 15 . Adjournment • ., .. .. . , .. I • 0 32 • • • .,.-. • .. • -' PROCL\J\11ATION WHEREAS, each year the City Council of the City of Englewood , Colorado honors a citizen who has made signifi ca nt con tributions to the community of Englewood; and WHEREAS, Harold Rust has been a very important member of t he communitv wh o has helped strengthen Englewood's bwincss community, was insuwncntal in developing our many wonderful recreational amenities . and has been involved with histori c preservation o f our community; and WHERE'\S, Harold held t he offices of tate president and international d irector of the Junior Chamber of Commerce, and later served as president of the Greater Englewood Chamber of Commerce , where he was instrumental in bringing Cin derella Citv to En glewood : and WHEREAS, Harold chaired the Englewood Recreation Council and helped create Englewood's Park and Re creat io n Department . and wa actively in vol ved in t he Cemennial- Biccntennial Committee that proposed building the Malley Senior Recreation Center; and WHEREAS. Harold has been involved in th e Englewood H isto ric al Society fo r ma ny vc ars. helping to publish the Englewood History book and working on many other projects to help ensure the preservation of our community's h istory: and WHEREAS . the Englewood City Council wishes to honor Harold for his many contributions to the past. present. and future of Englewood: NOW, THEREFORE, we, the City Council of the City of Englewood, Colorado, hereby take great pride in proclaiming Harold Rust as Englewood's Citizen of the Year for 2000 da Sa I • 0 • j • • - PROCLA:VIATION WHEREAS, the National Association of Town Watch (NATW) is sponsoring a unique nation-wide crime, drug and violence prevention program called National Night Out on August l, 2000; and WHEREAS. the 17th Annual National Night Out provides an opportunity for the City of Englewood, Colorado to join forces with thousands of other comm unities across the country in promoting cooperative police-community crime and drug prevention efforts; and WHEREAS, the residential and business communities play vital roles m assisting the Englewood Safety Services Department in its jomt crime and drug prevention efforts by supporting National Night Out locally: and WHEREAS, it is essential that all citizens of Englewood be aware of the importance of crime prevention programs and the impact that thel?' participation can have on reducrng crime and drug abuse in the Englewood area; and WHEREAS, this crime prevention program is designed to heighten crime and drug prevention awareness. generate support for anti-crime programs. and to strengthen police- community relations; and WHEREAS. the police-community partnerships, neighborhood safety, awareness and cooperation are important themes of the "Give Neighborhood Cnme and Drugs A Gomg .\way Party• program; NOW THEREFORE. l. Thomas Bums. Mayor of the City of Englewood. Colorado. hereby proclaim Tuesday. Aurust 1. 2000 as: NATIONAL NIGHT OUT in the City of Englewood, Colorado and urge all Englewood citizens to support the "17th Annual National Night Out" program by getting to know your neighbors and sending a message to criminals that the neighborhoods in the City of Englewood are orgaruzed a nd fighting back against crime . GIVEN under my hand a nd seal this l 7'b day of July, 2000. Thomas J . Bums, Mayor ., .. ) I • 0 • • • :~ • ..... • - June 7, 2000 Neighborhood Office of Business Development Attn. Kate Newman 3400 South Elati Street Englewood, CO 80110 Dear Ms. Newman, .. .. Please let this letter serve as notification of my resignation from the Keep Englewood Beautiful Commission effective June 13, 2000 as I will be leaving for college in July . Sincerely, -Kristen Gillmon .. ' • Sc ) I· 0 • • , . • Ir •;, .. .. .. • • FAX l'CJ, : J03 7 705940 Jun. 06 2000 02:3.!P\"1 P2 1 ... ,.2000 0.11D odlllr n:apama'bilitica iD my Ii&, I will DD laapr bis 1111c to ,aw a a lllllllber or die EllpnDod a-. Orem ad Proud~ P.qlewood Beautiful. Thank yoa fbr die opponaity ID~ beea a ,-t oftllis dldic-a llld commlmity ac1ive poap ofpeaple. Smccnly, ,~ J.LS... 4119 s. Dclawma St. Pnllcwood. CO 80110 Cc: x.. Nasy ,_ .. A 8d ) I . 0 -~------------~----------------"":;>"~----,,,.....-------------------.,-----------.. c------~ • RESOLUTION N0.'21. SERIES OF 2000 ,. •..... ' . • • - A RESOLUTION APPOINTING KATHY ASHENFELTER TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. .. WHEREAS. there is a vacancy in the Englewood Downtown Development Authority; and WHEREAS. Kathy Ashenfelter has applied to serve as a member of the Englewood Downtown Development Authority; and WHEREAS, the Englewood City Council desires to appoint Kathy Ashenfelter to the Englewood Downtown Development Authority; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Kathy Ashenfelter 1s hereby appointed to the Englewood Downtown Development Authority. Kathy Ashenfelter·s term will be effective immediately and wtl1 expire June 30, 2004 . ADOPTED AND APPROVED this 17th day of July, 2000 Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 2000. Loucrishia A. Ellis • A 8 e I • 0 • • -• RESOLUTION NO . i SERIES OF 2000 ·,, • • - A RESOLUTION REAPPOINTING LAURETT BARRE NT!:-.:E TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENG LEWOOD , COLORADO . WHEREAS , Laurett Barre ntine is a current membe r of the Englewood Liquor Licensing Authority; and WHEREAS, Laurett Barrentine's current term expires August 4, 2000 ; and WHEREAS. Laurett Barrentine has applied for reappointment to the Englewood Liquor Licensing Authority; and WHEREAS. the Englewood City Council desl.I'e s to r eappoint Laurett Barrentine to the Englewood Liquor Licensing Authority; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO , THAT: 8 f Sectjon 1. Laurett Barrentine is hereby reappointed to the Englewood Liquor Lice n sing Authority. Laurett Barrentine's term will be effective immediately and will expire August 4 , 2003 . ADOPTED AND APPROVED this 17th day of July , 2000 . Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 2000. Loucrishia A. Ellis • I • 0 • • RESOLUTION NO&_ SERIES OF 2000 • • - ., .. ... A RESOLUTION APPOINTING DAVID BRERETON TO THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, there is a vacancy in the Keep Englewood Beautiful Commission: and WHEREAS, David Brereton has applied to serve as a member of the Keep Englewood Beautiful Commission; and WHEREAS, the Englewood City Council desires to appoint David Brereton to the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Ses;tion 1. David Brereton is hereby appointed to the Keep Englewood Beautiful Commission. David Brereton's term will be effective immedia tely and will expire December 10, 2002. ADOPTED AND APPROVED this 17th day of July, 2000. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucriahia A. Ellis, City Clerk for the City of Englewood . Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 2000 . Loucriahia A. Ellis "'· , . 8 g I • 0 - • RESOLUTION Nlf[]__ SERIES OF 2000 ... .... • .. • - A RESOLUTION REAPPOINTING ERIC BERTOLUZZI TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, Eric Bertoluzzi is a current member of the Englewood Cultural Arts Commission; and WHEREAS, Eric Bertoluzzi's current term expires July 1, 2000; and WHEREAS, Eric Bertoluzzi's has applied for reappointment to the Englewood Cultural Arts Commission for another term ; and WHEREAS, the Englewood City Council desires to reappoint Eric Bertoluzzi to the Englewood Cultural Arts Commission for another term : NOW, THEREFORE. BE IT RESOLVED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 8 h Section 1. Eric Bertoluzzi is hereby reappointed to the Cultural Arts Commission for the City of Englewood, Colorado. Eric Bertoluzzi's term will be effective immediately with term expiring July 1, 2003. ADOPTED AND APPROVED this 17th day of July. 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 2000. Loucrishia A. Ellis .. .. • J I • 0 - .,,..-- • . ~ .. • ~ -... 8 i RESOLUTION N~ ~ SERIES OF 2000 ~ A RESOLUTION APPOINTING GLORIA CAMERON TO THE-~~; . ~ ~SION FOR THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, there is a vacancy in the Keep Englewood Beautiful Commission; and WHEREAS, Gloria Cameron has applied to serve as a member of the Keep Englewood Beautiful Commiseion; and WHEREAS, the Englewood City Council desires to appoint Gloria Cameron to the Keep Englewood Beautiful Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Section 1. Gloria Cameron is hereby appointed to the Keep Englewood Beautiful Commiaaion. Gloria Cameron's term will be effective immediately and will expire December 10, 2000. ADOPTED AND APPROVED this 17th day of July, 2000 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk for the City of EnglewooJ , Colorado, hereby certify the above ia a true copy of Resolution No.~ Series of 2000. Loucrishia A. Ellis ... .. . ,, .. .. • • I· 0 - RESOLUTION NO. SERIES OF 2000 ' •,. • • - .. 8 j A RESOLUTION APPOINTI NG OPAL DOANE TO THE MA LLEY CENTER TRU ST F U ND BOARD FOR THE CITY OF ENGLEWOOD. COLORADO . WHEREAS. there is a vacancy on t he Malley Center Trus t Fund Board: and WHEREAS. Opal Doane has applied to serve as a member of the Malley Center Trust Fund Board; and WHEREAS. the Englewood City Council desires to a ppoint Opal Doane to the Ma lley Center Trust Fund Board; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgctjon 1. Opal Doane is hereby appointed to the Ma lley Center Trust Fund Board. Opal Doane's term will be effective immediately and will exp ire April 20. 2003. ADOPTED AND APPROVED this 17th day of July, 1998. Thomas J. Bums. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood . Colorado, hereby certify t h e a bove is a true copy of Re solution No.~ S eries of 1998 . Loucris hia A. Ellis • .. 'I I • 0 - • RESOLUTION NO._ SERIES OF 2000 • • - A RESOLUTION APPOINTING JOHN GOODYEAR TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD. COLORADO . ... WHEREAS, there is a vacancy on the Englewood Planni n g and Zoning Commission: and WHEREAS, John Goodyear has applied to serve as a member of the Englewood Planning and Zoning Commission; and WHEREAS, the Englewood City Council desires to appoint John Goodyear to the Englewood Planning and Zoning Commission; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Se<;tipn 1. John Goodyear is hereby appointed to the Englewood Planning and Zoning Commission. John Goodyear·s term will be effective immediately and shall expire February 1, 2001. ADOPTED AND APPROVED this 17th day of July, 2000. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood. Colorado. hereby certify the above is a true copy of Resolution No.~ Series of 2000. Loucrishia A. Ellis .. .. 8 k I • 0 • RESOLUTION NO ._ SERIES OF 2000 ·~ . . :· .... • • -.. •, A RESOLUTION REAPPOINTING KENDRA GRAZULJS AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO. WHEREAS. Kendra Grazulis is a current member of the Englewood Parks and Recreation Commission; and WHEREAS , Kendra Grazulis current term expires June l , 2000 ; and WHEREAS. Kendra Grazulis has applied for reappointment to the Englewood Parks and Recreation Commission: and WHEREAS, the Englewood City Council desires to r eappoint Kendra Grazulis to the Englewood Parks and Recreatjon Commission: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. THAT : Se<;tjon 1. Kendra Grazulis is hereby reappointed as a youth member to the Parks and Recreation Commission. Kendra Grazulis' term will be effective immediately and will expire June 1, 2001. ADOPTED AND APPROVED this 17th of July, 2000 . Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis. City Clerk for the City of Englewood. Colorado. hereby certify the above is a true copy of Resolution No.~ Series of 2000 . Loucrishia A. Ellis • 8 1 I • 0 • RESOLUTION NO. _ SERIES OF 2000 • • - .. .. A RESOLUTION APPOINTING DEBORAH GUINTHER TO THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY . WHEREAS, there is a vacancy in the Englewood Downtown Development Authority: and WHEREAS , Deborah Guinther has applied to serve as a member of the Englewood Downtown Development Authority: and WHEREAS. the Englewood City Council desires to appoint Deborah Guinther to the Englewood Downtown Development Authority: NOW, THEREFORE . BE IT RESOLVED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD. COLORADO, THAT: Section I. Deborah Guinther is hereby appointed to the Englewood Downtown Development Authority. Deborah Guinther's term will be effective immediately a nd will expire June 30, 2004 . ADOPTED AND APPROVED this 17th day of July, 2000 Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the a bove is a true copy of Resolution No ._, Series of 2000. Loucrishia A. Ellis • ··, . ' Sm I • 0 3 RESOLUTION NO . _ SERIES OF 2000 ,. • .. • - A RESOLUTION REAPPOINTING SAM KAUFMAN TO DOWNTOWN DEVELOPME NT AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, Sam Kaufman is a current member of the Englewood Downtown Development Authority; and WHEREAS, Sam Kaufman's current term expires June 30. 2000; a nd WHEREAS, Sam Kaufman has applied for reappointment to the Englewood Downtown Development Authority for another term ; and WHEREAS. the Englewood City Council desires to reappoint Sam Kaufman to the Englewood Downtown Development Authority for another term; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . THAT: Sc<;t,jon 1. Sam Kaufman 1s hereby reappointed to the Downtown Development Authonty for the City of Englewood , Colorado. Sam Kaufman's term will be effective immediately with term expiring June 30, 2001. ADOPTED AND APPROVED this 17th day of July, 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No .~ Series of 2000. Loucrishia A. Ellis 8 n I • 0 - • RESOLUTION NO. SERIES OF 2000 .. -~ • • -" A RESOLUTION REAPPOINTING R. L. LUNDERS TO THE ENGLEWOOD LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD. COLORADO . WHEREAS, R. L. Lunders is a current member of the Englewood Liquor Licensing Authority; and WHEREAS, R. L. Lunders current term expires August 4, 2000: and WHEREAS, R. L. Lunders has applied for reappointment to the Englewood Liquor Liceming Authority; and WHEREAS, the Englewood City Council desires to reappoint R. L. Lunders to the Englewood Liquor Licensing Authority; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Ses;bpn 1. R. L. Lunders is hereby reappointed to the Englewood Liquor Licensing Authority. R . L. Lunders' term will be effective immediately and will expire August 4, 2003 . ADOPTED AND APPROVED this 17th day of July, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood. Colorado. hereby certify the above is a true copy of Resolution No._, Series of 2000. Loucrishia A. Ellis . ' .. So I • 0 • • RESOLUTION NO. SERIES OF 2000 • • - A RESOLUTION REAPPOINTING JANET MOORE TO THE CULTURAL ARTS COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO . WHEREAS . Janet Moore is a current member of the Englewood Cultural Arts Commission; and WHEREAS, Janet Moore's current term expires July l. 2000 : and WHEREAS, Janet Moore has applied for reappointment to the Englewood ultural Arts Commission for another term : and WHEREAS . the Englewood City Council desires to reappoint Janet Moore to the Englewood Cultural Arts Commission for another term ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY CO NCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgctjon 1. Janet Moore is hereby reappointed to the Cultural Arts Commission for the City of Englewood, Colorado. Janet Moore's term will be effective immediately with term expiring July l , 2003. ADOPTED AND APPROVED this 17th day of July, 2000. Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood . Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 2000. Loucrishia A. Ellis •• 8 p I • 0 RESOLUTION NO. _ SERIES OF 2000 ,_. · ... • • - A RESOLUTION RECOMMENDING NORLEEN NORDEN FOR REAPPOINTMENT TO THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS . Norleen Norden is a current member of the Englewood Housing Authority: and WHEREAS , Norleen Norden·s term expires July 1, 2000: a nd WHEREAS . Norleen Norden has applied for reappointment to the Englewood Hous in g Authority for another term: and WHEREAS, the Mayor desires to reappoint Norleen Norden to the Englewood Housing Authority for another term; and WHEREAS, the Englewood City Council supports the Mayor's appointment: NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . THAT: 8 q $ectjon 1. Norleen Norden is hereby reappointed to the Housing Authority for the City of Englewood, Colorado. Norleen Norden's term will be effective immediately with term expiring July 1, 2006. ADOPTED AND APPROVED this 17th of July , 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis. City Clerk for the City of Englewood . Colorado, hereby certify the a bove is a true copy of Resolution No.~ Series of 2000. Loucrishia A. Ellis •. • I I • 0 -- RESOLUTION NO . SERIES OF 2000 • • • .. .. A RESOLUTION APPOINTING HEATHER RADOSEVICH AS A YOUTH LIASON OF THE KEEP ENGLEWOOD BEAUTIFUL COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council desires to appoint a youth li a son to the Keep Englewood Beautiful Commission for the term expiring December 10, 2000; and WHEREAS, Heather Radosevich meets the requirements set forth by City Council for appointment to the Keep Englewood Beautiful Commission; NOW. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLOR.ADO , THAT: $ec;tjpn I. Heather Radosevich is hereby appointed a s a youth liason to the Keep Englewood Beautiful Commission. Heather Radosevich's te rm will be effective immediately a nd will expire December 10, 2000. ADOPTED AND APPROVED this 17th day of July , 2000 . Thomas J . Bums . Mayor ATTEST: Loucrishia A. Ellia, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above ia a true copy of Resolution No.~ Series of 2000 . Loucrishia A. Ellis • • . ' I • 0 • • • RESOLUTION NO . _ SERIES OF 2000 • • -' A RESOLUTION APPOINTING VERNON REMPEL TO THE PLANNING AND ZONING COMMISSION FOR THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, there is a vacancy on the Englewood Planning and Zoning Commission; a nd WHEREAS, Vernon Rempel has applied to serve as a member of the Englewood Planning and Zoning Commission; and WHEREAS , the Englewood City Council desires to appoint Vernon Rempel to the Englewood Planning and Zoning Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: $ection 1. Vernon Rempel is hereby appointed to the Englewood Planning and Zon.mg Commission. Vernon Rempel's term will be effective immediately and s hall expire February l, 2002. ADOPTED AND APPROVED this 171h day of July, 2000. Thomas J. Burns. Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 2000 . Loucrishia A. Ellis • 8 8 I • 0 • • • RESOLUTION NO . _ SERIES OF 2000 • • - A RESOLUTION APPOINTING JOHN ROBERTS TO THE CODE ENFORCEMENT ADVISORY COMMITTEE FOR THE CITY OF ENGLEWOOD . COLORADO . WHEREAS. the Englewood Code Enforcement Advisory Co mmittee was established by the Englewood City Council with the passage of Ordina nce No. 71 , Series of 1997; and WHEREAS, John Roberts has applied to serve as a member of the Englewood Code Enforcement Advisory Committee: and WHEREAS, the Englewood City Council desires to appoint John Roberts to the Englewood Code Enforcement Advisory Committee; NOW, THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Section 1. John Roberts is here by appointed to the Engle wood Code Enforcement Advisory Committee. John Roberts' term will be effective immediately and will expire October 1, 2000. ADOPTED AND APPROVED this 17th day of July, 2000 . ATTEST: Thomas J . Burns, Mayor Loucrishia A . Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 2000 . Loucrishia A. Ellis ,. • I 0 8 t I • 0 • • • RESOLUTION NO . 1f2_ SERIES OF 2000 . .. • • -.. A RESOLUTION REAPPOINTING TARA H OLMES AS A YOUTH MEMBER OF THE PARKS AND RECREATION COMMISSION FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , Tara Holmes is a current member of the Englewood Parks and Recreation Commission; and WHEREAS , Tara Holmes current term e xpires June l , 2000; and WHEREAS, Tara Holmes has applied for reappointment to the Englewood Parks and Recreation Commission; and WHEREAS . the Englewood City Council desires to reappoint Tara Holm es to the Englewood Parks and Recreation Commission; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon L Tara Holmes is hereby reappointed as a yo uth member to the Parks and Recreation Commission. Tara Holmes' term will be effective immediately and will expire June l , 2001. ADOPTED AND APPROVED th.is 17th of July , 2000. ATyESy;:; . _ ~ti ~-er=k------ 1, Loucrish.ia A. Ellis, City Clerk for:J~ City of Englewood , olorado, hereby cer tify t he above is a true copy of Resolution No.'::LLJseries of 2000. • ) I • 0 • • .. • • r ~Jr'Jt~~~------.. .,~-~ .. --1 1f ENGLEWOOD HERALD r,. l ' J; STATE OF COLORADO ss ~; ,: COUNTY OF ARAPAHOE ~; i r ~ I, Jeremy Bangs. do solemnly swear f ~i that I am the Editor of the 11' 1~~ Englewood Herald } and that the same is a -'ily MWSPII· r-cc:rn:in'iiOPiPiiiiii:iiiiiiiiii1-1 ~ f l per published in the city of Littleton in --·--f. ~ i.,_) the County of Arapahoe, State of ! Colorado. and has a general circulation cay = "',. := :-"..,::.: , therein: that said newspaper has been ---·--.... • ~ published continuously and uninterrupt· • .. .....,.. Cir --. "' ! 11 -1,-•Nl-.111 .. CIJ . ~) edly in said County of Arapahoe for a __ flA....,_ CIJ -'· t11 period of more than 52 -'is prior to :.:C. 1 'i"i"'in • ;;:-: i <~'ll the first publication of the annexed ctWIIII '-11C1111119 ti. ti -1•: 1 -CIUll'IWII.OP,__._ ,.: ;,, notice: that said newspaper is entered in __.AL ~ _,._ TO l c,~1 the Post Office of Lltllelon, Colorado. ranoo ----. • UT .. -ITS I &LI ITS TO ,I :~) as Second Class Mail matter and that ne ---ec:a ••-;, ('-the said newspaper is a newspaper ~---~--• :;,: 11) within the meaning of the act ol the • -...---lt General Assembly ol the State of ::-..:::: "!==: ::-:: f ~ Colorado, approved March 30, 1923. =-..,..:.:.~..,:. ";'.!,.: ·~ 111 and entitled "Legal Notices and .._... --.. Cir _., --~ IJJ ,.d --·--' l#J .. vertlMments" and other acts reiat-~ • , ... ,. --.,. , ~ ing to the printing and publishing of legal ..-i;,•,:.-=:-.,....,..._ ca, ,{ ~2 notices and was published in the regular -f ~) and entire issues of said newspaper, :,i.:-a.-; ft once each week, on the same day of _...,...__,. l_; ~"' each week, lor a period of ....,..co11no ._._ .. __ '· ~L .......--~ I (t ) ,• 11:_ consecutive insertions and that • {P. the first publication of said notice was in ff the i ue ol said newspaper dated j ' e last publication of said notice was in the issue of said newspaper dated ,, " 'i. • 1;, ., : ,, '· ~· •• i t ,;1 . ' I • 0 • • I , Jeremy Bangs. do solemnly swear that I am the Editor of the Englewood Herald and that the same is a weekly newspa- per published in the city of Littleton In the County of Arapahoe, State of Colorado, and has a general circulation therein ; that said newspaper has been published continuously and unintenupt- edly in said County of Arapahoe for a period of more than 52 weeks prior lo the first publication of the annexed notice; that said newspaper is entered in the Post Office of Littleton, Colorado, as Second Class Mail matter and that the said newspaper is a newspaper within the meaning of the act of the General Assembly of the State of Colorado. approved March 30, 1923, and entitled "Legel Notices and Advertisements" and other acts relat- ing to the printing and plA>lishlng of legal nobees and was published In the regular and entire issues of said newepaper, once each week, on the same day ol each week. for a period of _L_consecutive insertions and that the first publication of said notice was in =~e of said newspaper dated 4 /}'] 2,--3 Q 2000 ~t publication of said notice was in the issue of said newspaper dated Notary Public • • • - Nollce .. ..., .._ ....... City Counc:H of U. Ctly of i!ngll,wood, Colorado,,_ ........ Pullllc ........... ......,CllyC-11 IINllng on JULY 17, ... • 7:aG p.111, 1ft Ille City Counc:11 C11amben of ..... occl Civic~. 1000 l!nglewood Parlcway, ID _... AN ORDINANCI! AMl!NIINQ TITLE 11. CHAPTl!R 4, SECTIONS 12, 13 ANO 14; AND CHAPTEl'l 1. OF THI! ENGLEWOOD IIUNICIPAL COOi! PERTAIMG TO TATTOO AND BOOY Pll!RCING ISTAIII IIWS AIIENOIENTS TO THE ENGl£WOOD COIII REIENSIVI! ZOMNG ORDINANCE. (COUNclL 9IU. NO. 411 AIII _ _.......,. • .,..._ opinloM In 1*Nn et Ille ..-WC '-Ing or In -.. ID lie ,_._. by Ille City Cieri! by 5 :00 p.111. on JULY 17, 2000. Anyone ..... ID eflMk M Iha Public HNrtng may call Ille City Clerti'e Olllcoe, 303-712-2405 to ~ their pow I I ..... or • elgn up .,_ •Ill .............. the door. 8y order of Ille I, .... occl City c-.11. L--,. A. Ellla, CIIC Ctly Clan Ctly ol i!ngl9wood 1DOO e,...._ Part&wey IEngiawoacl, Colorado I0110 .............. 2IIIO l!NOLEWOOD Hl!RALD# g Z.1 S- .. • • ; ; '· • • ; • ~ • • ; • ' • • • ; • i ' • ,. , ,. ; ,. ,. , , . ,.. {. .. ;; " 'i) t ~; t ~ , I • 0 - e l • • • • -' COUNCIL COMMUNICATION Date Agenda Item Subject Tattoo and Body Piercing Establishments July 17, 2000 9a Amendments to Comprehensive Zoning Ordinance INmATEDBY Community Development. I STAFF SOURCE Tricia Langon, Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION At first reading on June 5, 2000, Council considered proposed amendments to Title 16 of the CZO concerning tattoo and body piercing establishments . Council set the public hearing for July 3 , 2000. The public hearing was rescheduled by Council motion to July 17 , 2000 . RECOMMENDED ACTION Staff recommends that Council consider testimony during the Public Hearing on proposed amendments to Title16 : Comprehensive Zoning Ordinance of the Englewood Municipal Code concerning tattoo and body piercing establishments . BACKGROUND Tattoo establishments are not listed as a Permitted Use in any zone district in the City, and therefore are prohibited in all zone districts . However , current City policy allows the operation of existing and new tattoo establishments within the B-2 Business District. This policy resulted from the lack of zoning code enforcement against tattoo establishments that have operated in 8- 2 over the past two decades . At this time , five tattoo and/or body piercing establishments are operating in 8-2 within a 5-block area along South Broadway (3969 to 4401 S. Broadway). Following a recent Federal Court decision upholding the City's prohibition of tattoo establishments within the 8-1 Business District, Council directed staff to formalize tattoo establishment regulations within the Comprehensive Zoning Ordinance . Council reviewed tattoo and body piercing strategies at the March 6, 2000 study session. Council directed staff to prepare Zoning Ordinance amendments prohibiting tattoo establishments in B-2 and permitting the use in the 1-1 and 1-2 Industrial Districts . Council based their directive on the City initiated Kimley-Horn and Associates' draft economic market analysis of the South Broadway corridor that recommends the recruitment of "3'd Places". 3'° Places are gathering places, other than work or home, such as eating/drinking establishments, entertainment venues and miscellaneous retail businesses. Such uses compliment the business mix of the entire corridor , encourage pedestrian activity, and create spin-off dollars, thereby increasing the vitality of the corridor . Council further directed staff to extend the tattoo strategy to body piercing establishments and to provide consideration for retail businesses, such as jewelry stores, that provide ear piercing as an incidental service. Extending the strategy to include body branding was also discussed , however, the City Attorney's office has determined that body branding is already included within the tattoo definition. The Planning and Zoning Commission considered the proposed amendments at a public hearing on May 2, 2000 . Notice of the meeting was sent via certified mail to the operators of the five currently licensed tattoo establishments. No members of the public attended the hearing . The Commission voted by 4 in favor, 2 opposed and 1 absent to forward the Title 16 .. ) I • 0 • • • t • ,, • • .. amendments to City Council with a recommendation for approval. In making their decision , the Planning and Zoning Commission discussed several points related to why and how tattoo establishments might be regulated in the B-2 zone district. Discussion centered on the revitalization and the future of the South Broadway corrido1, as was the need to "grandfather" existing licensed businesses . The Commission also discussed distancing requirements between establishments and including tattoo establishments with adult business regulations . ORDINANCE PROPOSAL The following amendments are proposed: 16-4-12: F 8 Lists Tattoo and Body Piercing Establishments as Prohibited Use in the B-2 District. 16-4-13: C 17 Lists Tattoo and Body Piercing Establishments as Permitted Use in 1-1 Industrial District. 16-4-14: B 11 Lists Tattoo and Body Piercing Establishments as Permitted Use in 1-2 Industrial District. 16-8-1 The following definitions are added to the Comprehensive Zoning Ordinance : Body Piercing, Body Piercing Establishments, Decorative Jewelry or Other Decoration, Tattoo, Tattoo Establishments ANALYSIS The proposed amendments are consistent with the draft South Broadway market analysis recommending retaiVentertainment venues that generate pedestrian and sales tax activity along South Broadway, while providing alternate zone district locations for tattoo and body piercing establishments. The proposed amendments are consistent with the Comprehensive Plan and the South Broadway Action Plan. The proposed amendments: Permit new tattoo and body piercing establishments in 1-1 and 1-2 districts , Prohibit new tattoo and body piercing establishments in B-2, Grant Nonconforming Use status to existing tattoo and body piercing establishments in B-2, subject to Nonconforming Use regulations, and Add tattoo and body piercing related definitions consistent with Title 5, Business and License Regulations definitions. FINANCIAL IMPACT No adverse financial impacts are identified . LIST OF ATIACHMENTS Bill for Ordinance • ' ' . ) I· 0 ]- • • • ORDINANCE NO._ SERIES OF 2000 ,. • • - BY AUTHORITY A BILL FOR ' COU NCIL BILL NO. 48 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS 12 , 13 AND 14 : AND CHAPTER 8 , OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO TATTOO AND BODY PIERCING ESTABLISHMENTS AMENDMENTS TO THE ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE. WHEREAS, the Englewood City Council reviewed tattoo and body piercing strategies in March, 2000 and directed City staff to prepare amendments to EMC Title 16, pertaining to tattoo and body piercing establishments prohibiting tattoo establishments in B-2 and permitting the use in the 1-1 and 1-2 Industrial Districts in the City; and WHEREAS, currently Tattoo establishments are not listed as a Permitted se in any zone district in the City and therefore are prohibite d mall zone districts: and WHEREAS, the current City practice allows the opera tion of existing tattoo and body piercing establishments within the B-2 Business Di s trict which has resulted from the lack of zoning code enforcement against tattoo establis hments that have operated in B-2 over the past two decades; and WHEREAS, the passage of this proposed Ordinance will prohibit tattoo and body piercing establishments in the B-2 district, grant nonconforming use status to exist.mg licensed establishments in B-2. list tattoo and body piercing establishments a s permitted uses in Industrial districts as well as the addition of tattoo and body piercing related definitions consistent with Title 5, to the Englewood Zoning Ordinance; and WHEREAS, the Englewood Planning and Zoning Commission held a Public He aring on May 2, 2000, and after review recommended approva l of this Ordinance: NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: Sectjon 1. The City Council of the City of Englewood , Co lorado hereby amends Title 16, Chapte r 4, Section 12, Subs ection F , of the Englewood Municipal Code. to r ead as follows : -I - ) I • 0 • • -• • • -.. 16-4-12: B-2 Business District: F. Prohibited Uses: 1. Manufacturing. 2 . Outdoor storage of materials, supplies a nd equipment on private and public property. 3 . The o utdoor display, storage or sale of household appli a n ces, furniture , or other items comm only used in a home. whethe r o n private or public property. 4 . Warehousing of products or items not sold on the pre m1 e 5 . S a les a t wholesale. 6 . Sales or service activity s hall not be a llowed from a ny temporary structure or vehicle unless a building permit application has been subn11tted for a permanent building o r s tructure t o r place th t e mp orary structure. 7 . Temporary employment services a defined by and which a r e r equired to be licen sed under Title 5 of t his Code. §. T attoo and/or Body Piercing Establis hment. Sectjon 2. The City Co uncil of the City of Englewood. Co lorado hereby amends Title 16, Chapter 4, Section 13, Subsection C, of the Engle wood Municipal Code, t o r ead as follows : 16-4-13 : l -1 Light Indus trial District: C. Permitted Principal Uses : No land shall be used o r occupied and no structure shall be design ed , erected. altered, used or occupied , except for one or more of the following u ses: 1. Any use permitted in the B-2 Business Di strict excluding residential u se except as pe rmitted in Subsection C(2), mobile home parks. Each permitted use from the B-2 Zone District mus t also comply with all the restrictions and requirements set forth in the section establishing or allowing the permitted use unless s pecifically modified by this Section. 2. Mobile Home Park Development, see Developme nt Procedure a nd Standa rds, Subsections N and O of this Section. -2- I • 0 • • -• • 1· • - 3 . Manufactunng. Process ing And/Or Fabricauon: The manufacturmg, proce mg and/o r fabrication , as enumerated a nd limited herein. of any commodity exce pt the following which are prohibited: Abras iv es, basic manufacture . Alcohohc distillation. Animal by-products, basic manufacture and processing. Asphalt, manufacture and processing. Autom oblle s hredding, crushing, baling, compacting and similar operation s . Biological waste, process ing. Bone black , basic manufacture. Carbon black or lamp black, basic m a n ufacture. Charcoal, basic manufacture. Chemicals. hea\'y or industrial, basic ma n ufacture or processing. Cinder a nd cinder blocks, basic manufacture or processing. Coal or coke , manufacture or processing. Concrete a nd concrete products, manufacture or fabrication . Detergent s, soaps and by-products, us ing a nimal fat. basic ma nufact ure. Fe rme nted fruits and vegetable products, manufacture . Fe rtilizer. manufacture or processin g. Fungicid es. manufacture. Gas , other than nitrogen a nd oxyge n . manufacture. Glass ma nufacture . Glue a nd size, manufacture. Gram milling. Graphite, manufacture . Gy p urn and other form s of plaster bu 'e, manufacture . Insecticides , manufacture. In ula t io n s, flammable types, manufa cture or fabricatio n . Matches , manufacture. Meat s la ughtering. Me tal s hredding and simila r operatio ns . Metals, extraction or smelting. Metals, ingots, pigs, s heets, or bars, ma nufac ture. Oils a nd fats, animal and vegetable, m a nufacture. Paints, pigments, enamels, japans, lacquer s, putty, varnis h es, whiting, and wood fill er s , manufactu re or fabrication. Paper pulp a nd cellulose, basic manufac ture . Paraffin, manufacture. Petr o leum and petroleum products, manufacture or processm g. Portland a nd similar cements, manufa ct ure. Rubbe r , manufacture, or reclaiming. Sawmill or p laning mills. Serums, t oxins, viruses, manufacture . Sugars a nd s tarches, manufacture . Tannery. Tw·pentine, manufacture. Wax a nd wax products, manufacture. Wood preserving by creosoting or other pressure impregnation of wood by preservatives. -3 - • I • 0 • • \....J • • • -' 4. Sale At Wholesale Or Storage: The sale at wholesale, the warehousing and/or storage of any commodity except the following which are prohibited: a . Live farm animals. b. Commercial explosives. c. Aboveground bulk storage of flammable liquids or gasses, unless and only to the extent that the storage of such liquids or gasses is directly connected with energy or heating devices on the premises or to service railroad locomotives. 5 . Sale At Retail: The sale at retail of the following: a. Hardware. b. Any commodity manufactured, processed, fabricated or warehoused on the premises. c. Equipment, supplies and materials (except commercial explosives) designed especially for use in agriculture, mining, indu try, business. transportation, building and other construction . 6 . Repair, Rental And Servicing: The repair, rental and servicing of any commodity, the manufacture, processing, fabrication, warehousmg or sal of which commodity is permitted in this Di str ict. 7 . Contractor Yard For Vehicles, Equipment, Materials And/Or upphe : A contractor yard for vehicles, equipment, materials, and/or supplies wluch complies with all of the following conditions: a . b. C. d . e . Is properly graded for drainage, surfaced with concrete . asphalt, 011 or any other dust-free surfacing and maintained in good conclttion , free of weeds, dust, trash and debris. Is provided with barriers of such dime n ions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment or supplies . Is provided with entrances and exits so located as to minimize traffic congestion. Is provided with barriers of such type and so located that no parked vehicles will extend beyond the yard space or into the requil'ed screening area if adjoining or adjacent to a residential district. Lighting facilities are so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic. 8 . Greenhouse. -4 - I • • • • • ... .. • -' 9. Newspaper distribution station. 10. Parking and/or commercial storage of operable vehicles. 11. Railroad facilities, but not including shops. 12. School for training in occupational skills, enrollment may be open to the public or limited, may include dormitories fo r students and instructors. 13. Terminal for intracity or intercity vehicles for movement of persons or freight. 14. Warehousing and/or storage. 15. Recycling operations, including, but not lim ited to, the processing of batteries, construction waste, food waste, glass, metals and/or alloys , papers, plastics and tires which complies with Subsection C(l 5)(a) of this Section, as listed below. Buyback centers that do not process recycled materials and store their materials within an enclosed structure or a r oll- off container, semi-trailer, or similarly self-contained apparatus shall be exempt from this Subsection C(l5). a . The manufacturing of all materials shall occur within an enclosed structure. The storage of materials may occur outside of the tructure providing said storage is in a r oll-off container, semi- trailer, or similarly self-contained apparatus. For operations not co nducted within an enclosed structure, see Subsection J(l)© of this Section. 16. Pawnbroker and automobile pawnbroker. 1L Tattoo and/or Body Piercing establishment . H . la, Any 1m1l a r lawful use which , in the opi nio n of the Commission, is not objectionable to nearby property by r eason of odor, dust, smok e, fumes, ga , heat, glare, radiation or vibration , or is not h azardous to the health and property of the surrounding area through dange r of fire or explosion . Sectjon 3. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 4, Section 1~, Subsection B, of the Englewood ~1unicipal Code, to read as follows : 16-4-14 : 1-2 GENERAL INDUSTRIAL DISTRICT: B. Permitted Principal Uses. No land shall be u sed or occupied and no structure shall be designed, erected, altered, used or occupied except for one or more of the following u ses: 1. Any use permitted in the I-1 Industrial Zone District except mobile home parks and other residential uses which shall be prohibited. -5- • ... • I I • 0 - • • 2 . 3. 4 . 5. 6 . 7 . 8. 9 . 10. a. • ... • - Each permitted use from t h e 1-1 Zone District must also co mply with all the restrictions and requirements set. forth in the section establishing or allowing the permitted use unless specifically modified by this Section. Manufacturing, processing and/or fabrication . The manufacturing, processing and/or fabrication of any co mmodity, except the basic manufacture and processing of animal by-products or any organic type fertilizer, and any metal shredding or a uto shredding operation. o r similar use . Sale at wholesale or storage. The sale at wholesale, the w a r e hous ing and/or torage of any commodity. Sale at retail. The sale at retail of the follo wing: a . Any commodity m a nufactured, proces ed or fabricate d or w a rehoused on the premises. b . Equipment, supplies and mate rials (e xcept co mmercial explosives) des igned for u se in agriculture. mining, indus try, bu iness, transportation, building and othe r construction . Re pair , re nta l and servicing. The repair , r e ntal and servicing of a n y commodity. Commercial incinerator. Natural production u ses. The excavation of sand, clay, gravel, or other n atural mine.ral deposits or the quarrying of any kind of rock form ation. e xcept top soil; the land shall be reclaimed for uses permitted within the Zone Dis trict. Se w age disposal plant . Recycling op e rations, including but not l11n1ted to the pro~-essing of batte ries. con s truction waste, food w aste, glass, m e tals a nd/or alloys, papers, plastics and tires which com plies with co nditio n a , as listed b elow . Buy back ce nters that d o not process recycled m atenals and s t ore their materials within an e n clo c d structure or a roll -off container, semi-trailer, or similarly self-contained a pparatu s h all be exempt from this Subsection B(9): The manufacturing and storage of all materials shall occur w1thm a n enclosed structure. The storage of material -may occur outside of the struct ure providing said storage is in a r oll -off container, sem i-trailer or similarly self-contained apparatus . For operations not conducted within a n e nclosed structure, see Subsection 1(3) of this Section. Automobile wrecking or j unk yard. Any automobile wrecking or junk y a rd approved under the provisions of this Title s hall have a minimum area of one and one-half (11/,) acres , and shall comply with the provis ions of Chapter 10, Title 5 of the Englewood Municipal Code, as a m e nded. and any other applicable codes or ordinances. -6 - .. ) I • 0 • • • • .. • -.. Tattoo and/o r Bodv Piercing Establishm e nt. An y mula r la wful use, which , in the opini on of the Planning a nd Zoning Co mmission is not objectionable to nearby property by reason of od or , dust. smoke , fumes , gas, hea t , glare, radiation or vibration. or is not hazardous to the health and prop erty of the surrounding area through danger of fire or explosion. Section 4. Title 16 , Chapter 8 . Section l ; Englewood Municipal Code , is hereby amended by insertion of the following amended definitions in alphabetical order , as follows : 16-8-1 : Definitions : Decorative Jewelry or other Decoration: Body Piercing: Body Piercing Establishment: Tattoo Es tablishment: Includes but 1s not limited to barbells, bea ds chains, clasps, ea rrings rings, spikes stud s or tusks. Any method of creating an opening m the human body, including but not limited to the ear, eyebrow genitals Jjp. navel. nose, or tongue for the purpose of insertmg any decorative jewelry or other decoratio n . Any corporation, company partnership or individual that offers or performs body piercing for any fee charge or remuneration of any kind . For the purposes of this Title, this does not include establishments performing ear piercing a s a n incj,jental service to the permitted principa l u~ An indelible mark or figure fixed upon the body by insertion of pigment under the skin or by production of sca r s . Any corporation , co mpany partners hip or individual that offers or performs tattooing for any fee charge or re numeration of any kind . Section 5 Safety Clauses The City Council hereby finds , determines , and declares that this Ordinance is promulgated under the ge neral police power of the City of Englewood, that it is promulgated for the health, safety , and welfare of the public. and that this Ordmance is necessa ry for the prese rvation of health and safety and for the protection of public convenience and welfare . The City Council further -7- • ., ) I • 0 X • • • • • -.. determines that the Ordinance bears a r a tional rela tion t o the proper legislative object sought to be obtained. .. Sectjon 6 Seyerabjlity If any clause, sentence. paragraph, or part of this Ordinance or the application thereof to any pel'tlOn or ci rcumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Sectjon 7 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Sectjon 8. Any Tattoo and/or Body Piercing establishment in existence prior to the effective date ofthis Ordinance shall be nonconfonnmg. A nonconforming u se allowed by this Section may remain at its location as a lega l nonconforming use subject to the requirements of nonconforming uses as described in this Title. For the purpose of this Ordinance, prior existence shall be defined as being in operation and licensed by the City on the effective date of this Ordinance . Sectjon 9 Effect of repeal or modjfication. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have b een incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions {or the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sus taining any judgment, decree, or order which can or may be rendered, entered, or made in such actions. suits. proceedi ngs, or prosecutions. Section 10 ~ The Penalty Provision of E .M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 5th day of June, 2000. Published as a Bill for an Ordinance on the 9th day of June, 2000 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -8 - • • ) I • 0 - • • • • .. • -.. I . Loucrishia A. Ellis, City Clerk of the City of Engle wood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for a n Ordinance, introduced. r ead in full, and passed on first reading on the 5th day of June, 2000. Loucrishia A . Ellis -9 - I • 0 •1 • • 1· •, .... Tricia Langon Community Development For your consideration Public Hearing Council Bill 48 • .. • - Amendments to CZO of EMC pertaining tattoo and body piercing establishments Notice appeared June 9th for PUBLIC HEARING that was originally scheduled for July 3 Notice of tonight's PH c} h.~ ~· .. ~,..fJ.. PLANNlNG COMMISSION appeared Englewood Herald June 30, 2000 Considered Amendments at PH May 2, 2000. Notice to owners -via certified mail of proposed amendments and public hearing. Mailed April 21 ••. All S notices of receipt returned to CD. No public opposition Before recommending approval Commission discussed . S.Bdwy'sfuture -~-~ -""''-"-~"'"-i grandfathering -to allow existing licensed estab to remain distancing requirements -found no rational nexus to impose distance requirements Amendments being brought forward BECAUSE CZO is a permissive ordinance use must be listed to be permitted Tattoo establishments not speclfacally addressed within Zoning Code Therefore NOT permitted However, Policy allows tattoo establishments in B-2 distril:t. (August 99) o Several establishments had located in B-2 district o Lack of zoning code enforcement of tattoo establishments in B-2 over the past two decades 4 tattoo establishments are operating in 4 block area in B-2 Along South Broadway I has closed since these amendments were proposed (4400 block) 3969 3970 4173 4249 S. Broadway Federal Court decision upheld the City's prohibition in B-1 3 '".1:,'-\ -Q\...t..-.\--e,. ~"I-, O -, ._tt"o.,._.. -~"°" ~"'-T .. ~ •• -b~\4. "'--'~ .. S'\...~ CD I • 0 •' • • , .... • -.. -~ Considering court case and policy .,. ';:.•<»'\ ~ >1'- Council directed staff to specifically address tattoo,._establishments within the CZO Study session on March 6 , 2000. staff presented four alternatives for Council 's re vie". Council directed staff to prepare Comprehensive Zoning Ordinance amendment proh1b1tin g ~eow tattoo establishments in B-2 and permitting them in the in 1-1 and 1-2 Indu strial Di tri ct . Strategy based on ;. Kimley-Hom and Associates ' draft economic market analysi s of the South Broad\1 ay corridor discussed at the March 6'h study session o Rcruitment of "3n1 Places", gathering places other than work or ho me. that increase the commercial vitality of the corridor & encourage pcde 'tnan activity 1, ;. So. Bdwy Action Plan amendment to Comprehensive plan Adopted ____ _ o Encourage balance of commercial uses reflec ti1e of nbhd needs o Strengthen retail mi along comdo r o Revitalize S. Broadway PROPOSED AMENDMENTS: B-2 Business .District 16-4-12 : F 8 Lists Tattoo and Body Piercing Establi shment s a prohibited uses in di stri ct 1-1 Industrial & 1-2 Industrial Districts 16-4-13 : C 17 16-4-14: B 11 Lists Tattoo and Body Piercing Establishments as permitted uses in lndu~tnal di tri c t , 16-8-1: Definitions consistent with Title 5 Business and Li cen se adds the following definitions Tattoo Tattoo Establishmentl Body Piercing Body Piercing Establishment• Decorative jewelry or other decoration ,.i,P~~mendments grant nonconforming use status to existing li censed e tabli hments in B-2 { -,c, i{.€.M~•tJ . t..AI-J 6 • Allow existing B-2 tattoo and body piercing establishments t~ so ld , conveyed, or transferred , as long as a new license is obtained . Subject to Nonconforming Use regulations No: structurally altered, extended or expanded 180 day discontinuation clause Amendments provides an exception to businesses performing only ear piercing as an inci dental service • ) I • C, - ..I', J • • .... "<"!-' .• • -.. Sales tax from sale of material s Approximately $290 / estab. Alternatives 1. Total pro "bition 2. Prohibit in I zone districts, grandfather existing in B-2 Permit in 1-1 1-2, grandfather existing in B-2 $1,181 FY99 $ 270 FY99 ~ ich also allows in 1-1 and 11-:,-?'---------.. • Providel location -does not totall y prohibit use in the City Specifically names use within code Grandfathers existing B-2 / suppons market analysis and SBAP -----~ ,• .. . ' , I . 0 • • • • • -' 2100s. I City of Englewood I Licensed Tattoo and/or Body Piercing Establishments July 17, 2000 • .. • Emtmo,, I . 0 • • • ORDINANCE NO. _ SERIES OF 2000 • • - BY AUTHORITY A BILL FOR ... I ()11.1 COUNCIL BILL NO. 55 I. TROD UC ED BY COUNCIL :vrE~ffiER~~~~~~- AN ORDINANCE APPROVING SUPPLEMENT NO . 148 TO THE SOt.;THGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS. Southgate Sanitation District recommends the mclus1on of a parcel totaling approximately 2.29 acres into the District: and WHEREAS, said inclusion is located m Greenwood Village north of East Orchard Avenue, south of Belleview and west of Colorado Boulevard in Greenwood Village (5611 South Colorado Boulevard); and WHEREAS. the zorung of this property m Greenwood Village IS residential zoning and will remain a single family residence : and WHEREAS. s8ld annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District: and WHEREAS. the Englewood Water a nd Sewer Board recommended approval of Supplement No . 148 to the Southgate Sarutat1on D1 stnct at the July 11. 2000 meeting: NOW, THEREFORE. BE IT ORDAINED BY THE CITY COl'NCIL OF THE CITY OF ENGLEWOOD. COLORADO. AS FOLLOWS : Sectjon 1. The Agreement between the City of Englewood and Southgate Sanitation District entitled "Supplement No. 148, to Connector's Agreement". wluch includes a parcel totaling approximately 2.29 acres located in Greenwood Village nort h of East Orchard Avenue , south of Belleview and west of Colorado Boulevard (5611 South Colorado Boulevard), is hereby accepted and approved by the Englewood City Council. A copy of said Agreement is attached hereto as ·'Exhibit l" and incorporated herein by reference . Sectjon 2. The ~fayo r and City Clerk are hereby authorized to sign and attest. respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced. read in full. and passed on first reading on the lith day of July, 2000. -1 - .. I • 0 • • Date July 17, 2000 INmATEDBY Utilities Department • •,, • - COUNCIL COMMUNICATION Agenda Item Subject 10 a i Southgate Supplement #148 STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their July 11, 2000 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #148 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people ) outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch . By contract the City of Englewood must approve any additions of land to be served by the districts . These are usually in-fill situations that are within what the City considers to be the area it has committed to serve . Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owners, Charles and Maria Savage , for inclusion into the Southgate Sanitation District. Supplement #148 is for 2.29 acres. The lot has a Residential R2 .5 Zoning and will remain the same for a single family residence . The legal is attached as Exhibit A. The property is located north of E. Orchard Ave., south of Belleview and west of Colorado Blvd. in Greenwood Village. The address is 5511 S . Colorado Blvd. FINANCIAL IMPACT None. UST OF ATTACHMENTS V Bill for Ordinance Southgate Sanitation District Supplement # 148 r: . : • • I I· 0 • • • • .. • - Published as a Bill for an Ordinance on the 21st day of July. 2000. Thomas J. Burns. Mayor ATTEST: Loucnahia 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 11.a day of J uly , 2000. Loucrishia .-\. Ellis -2- .. I • 0 • • • i •., ... • - SUPP1.EMENT NO.~ TO CONNECTOR'S AGREEMENT THIS AGREEMENT, made and entarwa into by and ~ the CtTY OF ENGLEWOOD, acting by and through its duly IUlhcnz8d Mayor and City Clertl, hereinafter called the •c;ay,• and SOUTHGATE SANITATION DISTRICT, Arapahoe and Douglas Counuel. Colorado. heretnafter called the "District,• WITNESSETH: WHEREAS. on the 20ll'I day of June. 1961 , the City and the District entered into an Agreement in whictl the City agrNa 10 trut sewage onginatmg from the Oilll'1d's unitary _. system Wlltlln the .,.. ~ by the Oislnct. which Agreement was most ,-illy rWleW8l:I by Conneclor's Agramant cSal8CI November 18, 1988; and WHEREAS, said Connedor's Agreement provides that the dillnd may not 111targe its service .,.. Wllt1out the wntten c:ons.tt of the City; NOW, THEREFORE. rn COl1llderallon of the mutual covenants and undettakings herWt -rant,, the par1lel agrN • follows . 1. The City heret,y con..u to the 11'1du1100 of certain addlt10nal .... loafflld in Anlpahoe County, Coklraao. owned by ..._ Ania encl Char!N R. Savage and mont flMly desa1bed on Eichot A allached henllo enc, ,ncc,i,oi allld herein by reference. 1n10 Southgae Sant1aaon Oislnct The City agrNS lhal UICI addlbonal area may be s.ved wilh the -fac:riities of the Oislria. and that the Qty wil truc the ~ a,sc.'1arged 1n10 the City's tnri line from S8ld additional area. al ,n accoioa11ce Wllh the Connec!or's Agreement dated November 18, 1988. Accordingly , Elcnlbll A referTed to ,n ?aragraon 1 of the Connector's Ag,Nment dated November 16. 1SM8. 11 hereoy amended to ,ndude SUCli additional .... 2. Each and every other prOYISIOl'I of the saic:1 Connec:or's Agreemen1 dated November 18, 1988, shall remain undlangec1 IN WITNESS WHEREOF, the pa111111 have set their hands and seals this _dayot_.20_. ATIEST: CITY CLERK (SEAL) ATTEST: ~~~~ (SE.\L) CITY OF ENGLEWOOD By:--------- MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, COLORADO By: ~~UAL PRESIDENT • 0 E >' ) ., I . 0 • -.. • - 0 ,, I I \) I I •· 1 I ' I: ... ~ ' : T / • ' I :. • -· ( J ,i--1!.. • / . I i. .. I . .. -I ! i • , 't . (Y :., ~ ; .1 I I I I : ~ --· ~ ~ttl•t••r I ~IVl.t&. , I • . • !'\\_ i' -(:. . €, 1 1 ·") I !l 1-. - I \ ·~ ~ J • I ~ . I I ; " ,. I . ' ( I • -- I. I ' \· 1 f , ! """' I • I I ' .. \ I . I l -:I ------==r; -- 1 I ) . 'I :. ,.r• , ' • • • ,. ,"1,4 ,..'/t ... : :.,, .. , .. , ..... , .. • I . 0 • • ' . • • - EXHIBIT A (Legal Description) ' The East one-half (1/2) of Tract 280 , South Denver Gardens. County of Arapahoe , State of Cotorado . ' '>--""' ' ' ' • I • I· 0 • • -• • '. • - • ,,,,, ORDINANCE NO . _ SERIES OF 2000 BY..\ THORITY A BILL FOR COUNCIL BILL NO. 56 INTRODUCED BY CO NCIL '.\!EMBER ______ _ AN ORDINANCE APPROv1NG SUPPLEMENT NO . 149 TO THE SOUTHGATE SANITATION DISTRI CT CONNECTOR'S AGREE!\lE. T FOR THE INCLUSION OF LAND WITHIN THE DI TRICT BOt;NDARIES. WHEREAS. Southgate arutauon District recommends the inclusion of two lots (Lot 1 and Lot 2) totaling approX1IDatel y 2.-15 acres mto the District; and WHEREAS, said inclusion 1s located m Greenwood Village north of East Orchard Avenue, south of Belleview and west of Quebec m Gree nwood Village (6i77 East Orchard Road); and WHEREAS. the zoning of these properties in Greenwoo d Village is residential zoning and the properties will remain single family reside nces; and WHEREAS, said annexation of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District: and WHEREAS, the Englewood Water and Sewer Boar d recommended approval of Supplement No . 149 to the Southgate Sanitation Di s trict at the July 11 , 2000 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: Sectjon 1. The Agreeme nt between the City of Englewood a nd Southgate Sanitation District entitled .. Supplement No . 149, to Co nnector's Agreement", wluch includes two lots ( Lot 1 a nd Lot 2) totaling approxun :nely 2.45 acres located in Greenwood Village north of East Orchard Avenue, so uth of Belleview a nd west of Quebec (6777 East Orcha rd Road), is hereby accepted and approved by the Englewood City Council. A copy of said Agreement 1s attached hereto as ''Exhibit 1" and incorporated herein by reference . Sectjon 2. The Mayor a nd City Clerk are hereby authorized to sign and attest. respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced. read m fu ll. and passed on first reading on the 17th day of July, 2000. -l - 0 I • 0 Date July 17, 2000 INITIATED BY Utilities Department • .. ..... • • COUNCIL COMMUNICATION Agenda Item Subject 10 a ii Southgate Supplement #149 STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their July 11 , 2000 meeting, recommended Council approval of a Bill for an Ordinance approving Southgate Supplement #149. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City through contracts with numerous connector districts. The area is defined by the natural drainage and extends south and east from Broadway to the Valley Highway and from Hampden to Lincoln Ave. excluding Highlands Ranch. By contract the City of Englewood must approve any additions of land to be served by the districts. These are usually in-fill situations that are within what the City considers to be the area it has committed to serve . Adequate capacity has been provided in the treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not increase the tap allocation of the Southgate Sanitation District. A request was made by the Southgate Sanitation District representing the owners , Ta Uk and Rebecca Reed Cho, for inclusion into the Southgate Sanitation District. Supplement #149 is for Lots 1 and 2 totaling 2 .45 acres. The lots have a Residential R2 .5 Zoning . Lot 1 contains a single-family residence. Lot 2 will be sold and a single-family residence will eventually be • built. The legal is attached as Exhibit A. The property is located north of E . Orchard Ave ., south of Belleview and west of Quebec in Greenwood Village . The address is 6777 E . Orchard Rd . FINANCIAL IMPACT • None. UST OF ATTACHMENTS Bill for Ordinance Southgate Sanitation District Supplement #149 -. • 0 I· 0 0 - ::. ~· 1 c-· IE.N T ~;;RA CE-\ t:.L __ Rc-·M ~~'NE=t L.NE ._: -~c:. . ,,-A~c-~ 8URSE ,\.1E 1'i i n._. / • --I: I • A-~ 68-· . ·~-" • ........ : . I· . t 49r-A ~""I 1~ I . " , .. -.:::; .. ·., ..t..', ll - • • • 1· ~·· "' • • • EXHIBIT A (Legal Description) ' ... ' PAllC!:L A: t.oc l, Clarie Colony No . 3 Amendmenc Plac , Councy ot Arap~oe , Scace ot Colorado , TOGEtHER WI'I11 an eaaemenc tor i nqress and egre•• over che aaac 50 t .. c ot cha !ouch l/2 ot Trace 123 , Clark Colony No . 3, Councy ot Arapahoe , Stace of Colorado . PAllCEL B: t.oc 2, Clark Colony No . 3 Amendmenc Plac, Councy of Arapahoe, Stace ot Colorado, TOGETHER WITH an eaaemenc tor ingress and egress over che laac so t .. c ot cha Souch l/2 ot Trace 123, Clark Colony No. 3 , Councy ot Arap~. State ot Colorado . • .i ' • 0 I • 0 • • • • ··-.. ... • -.. SUPflLEIENT NO. L!:1..;L TO CONNECTOR'S AGREEMENT THIS AGREEMENT', made and ent9l9d ,nto by and ~ the ctTY OF ENGLEWOOD, ac11n9 by and ttwou;t, its ~ autt,oraci Meycc-and City Clerit . herelnafl9f called the "City; and SOUTHGATE SANITATION DISTRICT, A,apalloe and Oougla CountiN. Colorado. ~ called tt,e "Dtaaict." WITMESSETH: WHEREAS. on the 20ltl day of June. 1961 . the City and the Distnd entered into an AgrNtnent ,n whld'I the City agreed to tntat -.ge ong1l'l8ling from the OISUICl's unrta,y MW9I' system Within the area ~ by the Distnd. whld'I ~ _, most ,-illy ninewed by Connedol'S Agreement elated November 16, 1988: and WHEREAS, 9llic:t Connedor's AQ~ provides that the dislrld may not enlarge its se,vic:a ara without the wntten consent of the City; NOW, THEREfORE. in ccnu:teranon of the mutual covenants and undertakings her9ll1 set forth . the parties agree as follows: 1. The Ci ty hereby consents to the ,ndusion of cena,n addmonai area located in Arapahoe County. Colorado. owned by TN Uk & Rebec~ RNd Cho and more fully described on Exhibit A attached hereto and 1nccl'txlrated neretn by reference . ,mo Soulhg-. Sanitation Distnct. The Clty agrNS that said addibonai area may be ser,ed witt: the -faCllities of the Distnct. and that the City ·MIi treat the sewage discharged ,nto the City's trunk line from said additional area. all in accordar,ce wrtt, the Cormector's Agreement dated November 16. 1988. A=rdir,gry, Exh1b1t A referred to ,,, Paragrach 1 of the Cormector's AQreement dated November 16. 1988. 1s hereby amended to 1r,cJude suc.'l additional area . 2 . Each and ttYery other prov1sior, of the 981d Cor,nector's Agreement dal8d November 16. 1988. snail remain um:nanged. IN WITNESS WHEREOF, the parties have set tne,r hanCs and M8IS this _day of __ . 20_. ATTEST. CITYCLSU< (SEAL) CITY OF ENGLEWOOD By :--------- MAYOR SOUTHGATE SANITATION DISTRICT, ARAPAHOE AND DOUGLAS COUNTIES, co~ro By-~Toc:d PRESIDENT • .. - E X h i b i t l ' ' . I • 0 - • • • • . .. ' 1.\-•"'' I • .. • -' Published as a Bill for an Ordinance on the 21st day of July, 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A . Ellis, C~ty Clerk of the City of Englewood, Colorado, hereby certify that the ab:;ve an tbl"i:going is a true copy of a Bill for an Ordinance, introduced. read in full, and passed on first reading on the 17 ... day of July, 2000. Loucrishia A. Ellis -2 - ' ~ .. . .. • .. 0 I • 0 - • • -• • .. 4. ORDINANCE NO._ SERIES OF 2000 • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 57 INTRODUCED BY COUNCIL '.\1EMBER ______ _ AN ORDINANCE AUTHORIZING A QUIT CLAIM DEED FROM THE CITY OF ENGLEWOOD, COLORADO TO JAMES AND GAIL PENS FOR 4,132 SQUARE FEET ALONG THE CITY DITCH RIGHT-OF-WAY LO CATED AT 4685 SOUTH MARIPOSA STREET, ENGLEWOOD , COLORADO . WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of this Quit Claim Deed at thell' June 6 . 2000 meeting; NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO . AS FOLLOWS: Section 1. The "Quit Claim Deed" attached hereto as "Exhibit A", for a parcel containing approximately four thousand one hundred and thirty-two (4,132) square feet along the City Ditch Right-of-Way for the residence at 4685 South Mariposa, Englewood is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute and the City Clerk to attest and seal this Quit Claim Deed for and on behalf of the City of Englewood, Colorado. Introduced, read in full. and passed on first reading on the 1ith day of July, 2000. Published as a Bill for an Ordinance on the 21st day of July, 2000 . Thomas J . Burns, 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 17th day of July, 2000. Loucrishia A. Ellis -1- .. 1 ) I • 0 • • -• Date July 17 , 2000 INmATEDBY Utilities Department • • - COUNCIL COMMUNICATION Agenda Item 10 a iii Subject Mariposa Quit Claim and Grant of City Ditch Easement STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Englewood Water and Sewer Board, at their June 6, 2000 meeting , recommended Council approval of the Quit Claim Deed for unclaimed land between the C ity Ditch and 4685 S. Mariposa St. and subsequent Grant of City Ditch Easement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In the process of applying for a minor subdivision of their lot , the Pens discovered a strip of unclaimed land between their lot and the City Ditch. At this location , the C ity Ditch only has a 25' right-of-way , but the ditch right-of-way description also claims "slopes and embankments" for the City Ditch. At this location the ditch slope and embankment does extend outside of the 25' right-of-way and into the unclaimed land. An argument could be made that the unclaimed land belongs to the city , which is why the Pens approached us to see if the City would be willing to quit claim the land to them. It is recommended that the Quit Claim Deed and Grant of City Ditch Easement be granted to James and Gail Pens for the purpose of clarifying boundaries of Englewood's City Ditch right- of-way and obtaining a definite City Ditch Easement in that area. The area to be quit claimed is approximately 4, 132 square feet or .009 acres . The Easement protects the slopes and embankments of the City Ditch and allows the City access for repairs, improvements and maintenance. Upon acquisition of the property the Penns will be responsible for the maintenance . FINANCIAL IMPACT None. UST OF ATTACHMENTS Bill for Ordinance Quit Claim Deed and Grant of City Ditch Easement • • ) I· 0 • • • • •,. • - gurr CLAIM DEED dayc{ TI-IE cm OF SNGLEWOOD . COLORADO a Home Ru le 'Municipality 3400 South Elati Street Englewood . Colorado 80110 . 2(XX), of the County of Arapahoe and State of Colorado. grantor. a nd JAMES and GAIL PENS whose legal address is -.685 South :vlariposa Engles.vood. Colorado 80 l l 0 of the County of Arapahoe and State of Colorado. grantee{s). Wl'l'l'IESSETB, That the grantor. for and in consideration of the sum of Ten and no/100 ----------·-·····----··---------····-··············-·-·--··------·-·---DOLLARS t:he receipt and sufficiency of which is hereby acknowledged. has remised. released. s o ld . c onveyed :ind QUIT Cl.AIMED . and by t:hese presents does remise . release. sell . com·ey and QUIT CWM unto the grantee(sl. their heirs . successors and assigns . forever . all the right. title . interest. claim a nd demand which the grantor has in :ind to the real property. e.'tcluding improvements. if any. situate. lying and being in the County of Arapahoe and State of Colorado. descnbed as follows : A parcel of land s ituated in part of the North east Quarter of Section 9 Towns hip 5 South. Range 68 West. 6., Principal :vteridian . City of Englewood. County of Arapa hoe . State of Colorado . being more particularly descnbed a s follows : Commencing :it the Center Quarter co mer of said Section 9 : thence along the Southerly Une of said No rtheast Quarter Due E.1st a distance of 905.96 feet: thence departing said S o utherly !ine Due '.'forth a distance of 83 . 76 fe et to a point on the Westerly line of the C ity Ditch. said point also being the Point Of Beginning: rhence d eparting said Westerly Une N 88° -.5· oo· W a distance o f 32 .18 feet to a point o n the Sasterlv line of lot 13 oi rhe Bell Isle Gardens SubdiVision a s recorded in Book 7: at Page 3 . of rhe Arapahoe Co unty Clerk and Recorders Office : thence along said Easterly li ne N 08° 16' 22· Ea distance of 124.96 feet: thence co ntinuing along said Easterly line N 08° 15· oo· W a distance of 100.00 feet: !:hence departing said Easterly line \I 39 ° .. ff oo· Ea distance of 10.98 feet to a point on said We sterly line : thence along said Westerly line S 1 1 ° 04' 51-E a distance of 53.31 feet : rhence continuing along said Westerly !ine S 07° 57' 20· Ea distance of 50.60 feet: thence conunumg along said Westerly line s 00° 0 9' oo· E a distance of 120.94 feet to the Pomt Of Beginning. Said parcel contains 4-.1 32 square feet or 0.009 a cres more or less. As shown on the attached map (Attachment A) . TO RAVE AND TO HOLD the same, together With all and singular the appurtenances and priVileges thereunto belonging or in any Wise thereunto appertaining. and all the estate. right. title. Interest and claim whatsoever. of the grantor. either in Jaw or equity. to the only proper use. benellt and behoof of the grantee. their heirS and assigns forever . I! X H I • I T A 0 I • 0 • • • ~' ... • - 11' wrna:sa WHEREOF, The grantortsl has executed this deed on the date set forth above. CI'IY OF ENGLEWOOD. COLORADO Thomas J . Bums. Mayor A'ITEST: Loucrtshia A. Ellis, City Clerk -2- .. I • 0 • • • .. ~. .. • - Attecbrnent ;\, CITY DITCH EASEMENT Lytng and betn& In tbe County of Arapahoe and State of Colorado. descr1bed as follows: A parcel of land sttuated In part of the Northeast Quarter of Sectlon 9 Township !5 South. RalJF 68 West. S-Prlnc1pal Mer1d1an. City of Englewood. County of Arapahoe. State of Colorado. betn& more parttcularl:y descrtbed as follows: Commendnl at tbe Center Quarter comer of said Section 9: thence along the Southerly Une of said Northeast Quarter Due East a distance of 905.96 feet: thence deparUng said Southerly Une Due North a distance of 83. 76 feet to a point on the Westerly Une of the City Ditch. said point also being the Point Of Be&SnntnC: thence deparUng said Westerly Une N 88° 45' oo· W a distance of 32.18 feet to a point on tbe Easterly Une of lot 13 of the Bell Isle Gardens Subd1vlston as recorded In Book 7 . at Page 3 . of the . .uapahoe County Clerk and Recorders Office: thence along said Easterly Une N 08° 16' 22" Ea distance of 124.96 feet: thence continuing along said Easterly line N 08° 15' oo· W a distance of 100.00 feet: thence departtng said Easterly line N 89° 4T oo· Ea distance of 10.98 feet to a point on said Westerly line: thence along said Westerly line 5 11° 04' s 1 • E a distance of 53.31 feet: thence continuing along said Westerly line 5 07° ST 20· E a distance of 50.60 feet: thence continuing along said Westerly line S 00° 09· oo· E a distance of 120.94 feet to the Pomt Of Beginning. Said parcel conauns 4.132 square feet or 0.009 acres more or less. M shown on the attached map (Exhibit Attachment ."l . , . ' I· 0 • • 0 • 1· .... .. • • EXHIBIT PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST, 6th PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO N 89"47'00" E t0.98' _::°'T N --- NOR™ PER BE1.L IS!.£ GARDENS SUBCMSION 25 50 100 SCALE: , ·-so· UIIIILYLNO, ... _g ... , ... . QQ . co ?g ... ~, ... _,. -a, LOI' ll IIU. S£ M --:l_ _ :-:_ =--..,...-1., N 88"'6'00" .,,J 32.t8' I ... ATTACHMENT "A" AREA= 4, 132 SQUARE FEET 0 .009 ACRES MORE OR LESS POINrOF t,t:6/NNIN6 :t i· POINrOF ~ti~ r:1orl/"fC.O~Nt:K~~rKJN'7 COf1f1t:M:.t:!1t:Nr Q~I~ FCUHC 3 1/4" ALUM C>l' 1H !WIG£ i!OX I 755 -1/4 591510 11H i'lS NO 23516° f "CClO DO'!' OF TIINISPORTATION ~ L_ _ 905.96' __ --__ .Y_ t733.50' ~\ 'I ~ -DUE EAST 2639.46' I '---:i mm COIT?K 1/"f~t:K ~rKJN'7 F'OUND l , 1,· AWlil c» N --"Cl)U) ref aF T'IWISPOlll'ATION TS 1118W C 1/4 SEC I 1117 P'l.S NC 1073"" ,. -----·--· ,,._,._,._ ... __ :a. _a,_,,__,. ...... _ ·-·-... ·----... ---...----· __ ,.,_1_,,. __ - • I YLSTRA AKER URVEYINC, INC. EXHIBIT A'I"I'ACHMENT •A" .. ,..,,, a, -,,c --a, 5ECTION ,. _5 ________ 0!. -· arr a, ~ aum a, -. STATt 0/T - 1lte_YWll_•--.a•te ,.& =~--(JIii·~-OIi. IJJ -' -!t.aT -·-J0,2 I· 0 • • • ORDINANCE NO._ SERIES OF 2000 t '•·. • .. • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 58 TN'T'RODUCED BY COUNCIL MEMBER ______ _ AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD , COLORADO'S ACCEPTANCE OF A PERPETUAL CITY DITCH EASEMENT FOR 4.132 SQUARE FEET ALONG THE CITY DITCH RIGHT-OF-WAY LOCATED AT 4685 SOUTH MARIPOSA STREET. WHEREAS, the "Perpetual Easement" for approximately four thousand one hundred and thirty-two (4,132) square feet along the City Ditch Right-of-Way for maintenance and improvements to the City Ditch granted by James and Gail P ens: and WHEREAS, the Englewood Water and Sewer Board reviewed and recommended approval of this easement at their June 14 , 2000 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : $ectjon 1. The perpetual City Ditch Easement attached hereto as "Exhibit A", from James and Gail Pens is hereby accepted and approved by the Englewood City Council. Section 2. The Mayor is authorized to execute a nd the City Clerk to attest and seal this Quit Claim Deed for an on behalf of the City of Englewood , Colorado. Introduced, read in full , and passed on fir st reading on the 17th day of July, 2000. Published as a Bill for an Ordinance on the 21st day of July, 2000. ATTEST: Thomas J. Burns, Mayor Loucrishia A. Ellis . City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 17th day of July, 2000. Loucrishia A. Ellis -1- •· .. ... ... ') I • 0 • • • • . . . .. • - GR..\.\i"T OF CITY DITCH E..\SE:VIDIT THIS GRA.'IT of City Ditch Easement (this "Grant") is made this_ day of ____ ~ 2000. by James and Gail Pens ("Granter") whose address is 4685 South Mariposa. Enclewood, Coiorado 80110. in favor of:he CITY OF E~GLEWOOD ("Granteel whose addresa is 3400 S. Elati St.net. Englewood . Colorado 30 11 0 . The parties covenant and ap-ee as follows : 1. Easement Property. The "Easement Property" shall mean the real property located in the County of Ar3pahoe. State of Colorado, more particularly described on Attachment A. consisting of:? pages. at".ached hereto and i.."lcorporated herein by reference. 2. Consideration. As consideration. Grant ee !as gfren Grar.tor :en dollars (Sl0.00) and other good and valuabie conside:-ation. the receipt of wh1ch is :iereby acknowledged by G!'antor. 3 . Grant of Cit:: Ditc:i E:isement. G::mtor hereby r.:mtE :o Grantee . its successors and ass1p.s. a perpetu:il ~a.seme:1t ithe ·'C :ty Ditch Ea.se:::.ent) o,·er. under. across and through ~e Ease::ier.: ?ropen:.-fo r the ;iurpose oi co r.sr:uc::ng. op er:i=g. u:aintai.=g, repcr!ng , rep ia=g. remo,,r.g. improv:ng and erJa.rg,.."lg :he City Ditch. The City Ditch shall :nean the C:ty Ditc:: and all ::::.e cessary :mdergrou."ld and sur:"ace appurtenance! thereto necessary or desirable for the t:'ansmusion of water inclucii."lg, but not hm1teci to . mams . conduits. vaults and ve:ml ators . 4. Access . Grantee shall have the ;ier;,etual . none:-tc!usive :-ight Jf :ngress and egress in. to. o,·er. through :md across the Ease:ent ?rc;:e :·t:: for any PU!'?CSe necessary or desirable for the iull enioyi:en: of the :-!(hts r.:ir.tec to Gr3ntee under this Gr:int . 5 . Restoration. Gr31:tee agrees :!la: after the const::uc:icn. u:ai."ltenance . repair. replacement or enlargement. if any , for the City D1tc:1. Grantee shall restore the su...face of :he Easeoent ?roper::; as :,early as possible to the g:-ade at:.d conciiuons existi.'lg immediately ;mor :o said construction. maintenance . repair. replacement or enlargement. e:-tcept :is may be necessa.-:· to accommodate the Cit; Ditch. Grantee fur.her agrees to replace any topsoil removed from any cultivated or agricultural areas on the Easement Property and to remove any excess ear:h resulting from said constr.ic-.ion. mamtenance. repair. replacemen: or enlargement. at Grantee's sole cost and e:-tpense. IE " ... I B I T A I • 0 • • • • .. • - 6. No Improvements. Grantor covenants and agrees not to construct. erect. place or plan any 1mprovements," as hereinafter denned. on the Easement Property without obtaining the prior written consent of Grantee. 1mprovements" shall mean any structure, buil&g. planting, trees. shr.ibbery, or garden other :.han a grass type lawn. Grantee shall have the right to remove. without any liai:iility to grantor. any improvements cons~ucted. erected. placed or planted on the Easement Property without Grantor's haVlllg obtamed the prior written consent oi Grantee. If such prior written consent is not obtained. Grantee shall not be responsibie for repair or replacement oi the Impro,·ements if they are damaged dur.nr construc:ion. maintaining, repair. replacement or enlargement. 7. Subjacent and Lateral Suppor.. Granter covenants and agr~s that Grantee shall have the rirht of .;ubjacent and lateral ;;upper. on the Easecen: Property to whatever extent is necessary or desirabie for the :ull. complete and undist1.:rbed enjoyment of the rig::ts granted :o Grantee under th.1.s Gr:int. S . Rights of Granter. Granter reserves the :ull nght :o :he unc.is:~bed Jwnersiup . use . and oc:upancy oi :he Easecem Proper:y msoiar as ,aici owr:ers:::p use . and occupancy is consistent wuh and :ices not 1mpa1r ::".e :-:g:!ts ~::ir.teC :.o Gr:1ntee u1 this Grant. 9 . Abandonment. In the event t:iat Grantee sl:.a ll abanc:.cn :he ::g:::s gr:inted :o it under this Grant. all nghts. title anci ir.:erest he:ei;.ncier of G::m:ee ,l:.all ce:ise and terminate, and Granter si:.all hold Ease::::ient Prooe::'" as the .ace ::::1:1,· then be , free from the nghts oi Grantee so abancioneci and .i:~ll owr. all :nate:::ais and struc:ures of Gr:intee so abandoned. pro\'ided that 'r1ntee ,;ha ll :ia '"e a reasonable period of time after s.iid abandonment m wluch to rec:o\·e .my or all :mes and appur.enances from :he Easement Property. In the eYent tha: ::'.:ase::::ient l.S abandoned by Grantee. Gramer ,hall have the r:g::i:. a: :ts ,ole !lp ::cn. to requi.'"! Grantee to remove or neut.-ali:e any im ;,rovements .;or.s~ucted m :he Easement by Grantee. 10 . Warranty of Title . Granter warrants and represents :hat Grantor 1s the owner of the Easement Proper:,· and that Granter has :ull :1gh:. title and authority. to grant and convey to Gr:intee the Easement. Granter fur:!:e: covenant. and agrees to indemnify. defend ar.d hold Grantee har::::iless from ;ind aga.1.-:.st 1ny adverse claim to the tule to the Easei::.en: P:-operty by all and ever:: person or persons lawfully claimmg or to cial::::l :he whole or a::y part thereof . 11. Bindi.'lg Effect. T:us Grant shall e:'ttend to and be binding upon :be heirs . personal representatives . successors and assigns of :he res;:ie ~tive par.ies hereto . The terms. covenants . ar-eements and condit:ons m tlus Gra:it shall be construed as covenants running wuh the land. • • I ) I • 0 • • • • •· .. .. • • ' IN WITNESS WHEREOF . the parties hereto bu eucuted thia Grant of City Ditch Euement the day and year first abo9e written. GRANTOR: STATE OF COLORADO ) ) sa. COUNTY OF ARAPAHOE ) Aclmowledpd before me thia J +.. day of ,Zy L 'I'. 2000 , by James Pens as Owner. G~ &, .. ,. Notary Pub · ~ly Commisaion e!tpires: 2 /, I tt' 2 I GRA.'.',!TOR: Gail Pens STATE OF COLORADO ) ) 88. COl"NTY OF ARAPAHOE ) f'1 Acknowledpd before me this .L. day of ,ru1-'( 2000. by Gail Pens as Owner. Notary Pub~ £,.·,,, My Commission expires: 7 / 1.r / o :.. ATIEST: GRA .. \ITEE : THE CITY OF ENGLEWOOD Title:--------- ' ) I . 0 - • • • • I•~:, • ... • -.. CITY DITCH EASEMENT Lytng and being in the County of Arapahoe and State of Colorado. described as follows : A parcel of land situated In part of the Northeast Quarter of Section 9 Township 5 South. Range 68 West. f?' Principal Meridian, City of E:lglewood. County of Arapahoe. State of Colorado. being more partic~ly described as follows : Commencing at t.~e Center Quarter comer of said Section 9 : thence along the Southerly line of said Nol'"'..heast Quarte:' Due East a distance of 905.96 feet: thence departing said Southerly line Due North a distance of 83. 76 feet to a point on the Westerly line of the City Ditch. said point also being the Point Of Beginning: thence departing said Westerly line~ 88° 45· oo· W a distance of 32.18 feet to a point on the Easterly line of lot 13 of the Bell Isle Gardens Subd!Vision as recorded in Book 7. at Page 3 . of the Arapahoe County Clerk and Recorders Office: thence along said Easter!y line :-.; os• 16' 22· E a distance of 124.96 feet: thence continuing along said Easte:-iy line Nos • 15· oo· W a distance of 100.00 feet: the:1ce departing said Easterly line~ 89° -+7' oo· E a distance oi 10.98 feet to a point on said Westerly !ine: thence along said Westerly line S 11 = 04' 51 ·Ea distance of 53.3 1 feet: the:ice conunw:1g along said Weste:-!y line S or 5, 20· Ea distance of 50.60 fee t: the:ice continuing along said Westerly line s oo• 09· oo· Ea distance of 120.94 feet to the Point Of Beginning. Said parcel contair.s 4 .132 square !eet or 0 .009 ac:-es more or less. A:. shown on the a~.ached map (Exhibit Attachment A) . • ..: . • ... I • 0 • • 0 ' . .. . • • -" EXHIBIT .. PART OF THE NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 5 SOUTH, RANGE 68 WEST, 6th PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO N NOR™ PER N ss•,roo" E 10.911' _:::r,J --- BELL ISLE: c.MDENS SUBDMSION 25 50 1 00 -- ATTACHMENT "A" ... ~ I --AREA= SCALE : ·-so · WIIII.TLMrll -., LM r, UII l J IIU. - ---_l_ -=-=-'----l N 86°'6'00" ,,J U .18' ... I ... I 4 , 132 SQUARE FEET 0 .009 ACRES MORE OR LESS PO/NrO~ ~~SINNIN6 • FOUND ~,• Ill.JIii r.11' IN IWCE IOX ~-C ~/~:.~PU NO l073'" ---------.....j~"°:::·.i....:1111=:~:!...J...._EXH_~IID;:;;-:::=IT:;__ __ .i....;Wf~ JIIIII I YLSTRA A'M'.ACBK!NT • AN ,. -----·--· rra_1D_•_1NE__ AKER -ar11«--or~,. :a.--=--=..~~~~-=-URVEYING,INC. -~~=----:_:._-..::::--•-• ar-.sv.11ar-__ ,,,,_,r11•--- • • ) I . C, • • -• ORDINANCE NO._ SERIES OF 2000 ... • • - BY A THORIT'i A BILL FOR COUNCIL BILL NO. 59 INTRODUCED BY COUNCIL MEMBER ______ _ AN ORDrNANCE AUTHORIZING AN IN"'TERGOVE R. ~IENTAL AGREE!\1ENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO AND THE CITY OF CHERRY HILLS VILLAGE , COLORADO ENTITLED "A MEI\TOMENT TO WASTEWATER COLLECTION SYSTEM MAINTENAN C E AGREEMENT-CITY OF CHERRY HILLS VILLAGE'" V. lTH RESPECT TO THE MAINTENANCE OF A.'1 AREA I THE CHERRY HILLS vlLLAGE WASTEWAT ER CO LLECTION SYSTE!\I . WHEREAS, Ordinance No. 16, Senes of 1995 was pas ed by the Engle wood City Council authorizing a n !GA with Cherry Hills Village with respect to the mainten a nce of an area in the Cherry Hill s Village Wastewater co ll ection system ; and WHEREAS. an amendment to the Wastewater Collection System Mainte nance Agreement has been reque ted by Cherry Hills; and WHEREAS, be rry H ill Village is in the process of co mbining small sewe r systems operated by individu al special districts into sewage co llection system which is owned by Cherry Hills 1llage ; and WHEREAS, a each d istrict is dissolved, Cherry Hills Village's connector agreement with Englewood must be amended ; and WHEREAS, Cherry H ills Village is requesting to co ntract with Englewood fo r the same leve l of service that is currently be ing provided t o Cherry Ridge sewe r coll ection system a cquired by Cherry Hills Village in 1995 ; and WHEREAS, the pass age of the proposed amendme nt will allow the City of Englewood to extend sewer maintenance and repair services within the boundaries of Cherry Hills Village: a nd WHEREAS, the Englewood Water and Sewer Board reviewed and recomme nded approval of the "Amendment To Wastewater Collection System Maintenance Agreement -City of Cherry Hills Village" at their June 6 . 2000 meeting; NOW , THEREFORE, BE IT ORDAINED BY THE C ITY COUNCIL OF THE CITY OF ENGLEWOOD. CO LORADO , AS FOLLOWS: Section 1 The intergovernmental agreement "Ame ndme nt To Was tewater Collection Sys tem Mainten a nce Agreement -City of Cherry Hills Village" betwee n the City of Cherry Hills Villa ge a nd the City of Englewood a ttached hereto as "Exhibit A", is hereby accepte d a nd approved by the Englewood City Council . -1- ) I • 0 - • • -. Date July 17, 2000 INmATEDBY Utilities Department • , .. • - COUNCIL COMMUNICATION Agenda Item 10 a iv .. Subject Amendment to Wastewater Collection System Maint. Agreement with City of Cheny Hills Village STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None . RECOMMENDED ACTION The Englewood Water and Sewer Board , at their June 6 , 2000 meeting, recommended Council approval of the Amendment to Wastewater Collection system Maintenance Agreement with the City of Cheny Hills Village . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Cheny Hills Village is in the process of combining small sewer systems operated by individual special districts into sewage collection system owned by Cheny Hills Village. As each distri::t is dissolved , its connector !)greement with Englewood must be amended . Cheny Hills Village is requesting to contract with Englewood for the same level of service that is currently being provided to Chenyridge sewer collection system acquired by Cheny Hills Village in 1995 . Upon approval of the Amendment to wastewater Collection system Maintenance Agreement with the City of Cheny Hills Village Englewood can extend sewer maintenance and repair services within the boundaries of Cheny Hills Village . FINANCIAL IMPACT None . LIST OF ATTACHMENTS An Ordinance for the Amendment to Wastewater Collection System Maintenance Agreement with the City of Cherry Hills Village : ., - ) I . 0 - • • • .. • • Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal thee "Amendment To Wastewater Collection System Maintenance Agreement -City of Cherry Hills Village" for and on behalf of the City of Engle wood , Colorado. Introduced, read in full , and passed on first reading on the 171.b day of July. 2000. Published as a Bill for an Ordinance on the 21st d ay of July, 2000. Thomas J . Burns, MayoT 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 17th day of July, 2000. Loucrishia A. Ellis -2- ... • I • e - • I I • -. ,,-. • l• •' .. • - AYIE'.'i"DME'.'a TO WASTEWATER COLLECTION SYSTEM \'I...\I~TE~A~CE AGREE'.\IE~T · c1n· OF CHERRY HILLS VlLLAGE This Amendment to Wastewater Collection System Maintenance Agreement -City of Cherry Hills Village. is made and entered into this 30TH day of MAY , 2000 , by and between the City of Englewood. a Colorado municipal corporation (hereinafter referred to as "Englewood'"), acting by and through its duly elected, qualified and authorized Mayor and City Clerk, and the City of Cherry Hills Village, a Colorado municipal corporation (hereinafter called "Cherry Hills .. ), acting by and through its duly elected, qualified and authorized \1ayor and City Clerk. RECITALS WHEREAS, on October 2, 1995 . EngJe • .. vood entered mto a Wastewater Collection System Maintenance Agreement (''Agree:ne:n"') \\,ith Cherry Hills : and \VHER.EAS. pursuant to the Agreement. Che~· Hil s gnnted to Englewood a .. • X .. ' II ' T A license. but not ownership of certain sanitar:, sewer collection facilities consisting o f ) approximately 56 accounts and 8.3~3 line:i.r feet of sanitary sewer line (hereinafter the "Wastewater Collection System'') formerly operated by the Cherryridge Water and Sanitation District; and \VHEREA.S , pursuant to the Agreement. Engle\\.ood annually inspects , flushes and cleans the Wastewater Collection Sys tem and responds to all e:nergency calls. takes appropriate corrective action, and whe:i neces sary . loc:nes all sewer lines and answers inquiries concerning the Wastewater Collection System : :md \VHEREAS. as pan of an ongoing program to onsolidate ci fragmented sanitary sewer service within Cherry Hills , Cherry Hills is in the process of acquiring from time to time. ownership of individual sewer collection systems previ ously owned and operated by special districts located entirely within Cherry Hills: and \VHEREAS. as each 5uch special district is dissolved. its sanitary sewer system is transferred to. and becomes a pan of. the Wastewater Collection System owned by Cherry Hills which transpons the sewage collected therein to Englewood for treaonent: and WHEREAS , Cherry Hills desires to obtain. and Englewood is willing to provide , routine and non-routine maintenance and repair services with regard to the Wastewater Collection System. as the same may be so expanded from time to time ; and • 1'"1-"'+u.,.,llat,:l.'.tv-.. ,•,,-•11 ~ ........ ,-~Ill \-···c... ... 1 .. , .... ., ... .. I· 0 ] • -. • ',• • - WHEREAS , the parties desire to amend the Agreement to provide that with the prior approval of the Director of Utilities for Englewood. Eng lewood will provide routine and non-routine maintenance and repair se:-vices with regard to the Cherry Hills Wastewater Collection System as the same is expanded from time to time . NOW, THEREFORE , in consideration of the promises and for other good and valuable consideration, the sufficiency of which is hereby acknowledged. it is mutually agreed by the parties hereto as follows : I . The Agreement is hereby amended to include the following additional paragraph no . 18: 18. Covera2e for :~ddirions to Waste,\:arer Col!e~:!cn S \·st e:n . T:le Wastewater Collection System which is the subject of this Agreement. ma y be enlarged. expanded and extended ('·enlarged.. from time to time by Cherry Hills. with the wrinen consem of the Director of l'til iti es fo r Englewood. To so enlarge the Wastewater Co llecuon System. Cherry Hi ls shall provide the Director of l.:tilities a wrinen noti ce of intent to enlarge the Wastewater Collection System that desc:ibes. in :is muc h detail as Englewood requires. the nature and extent of the additional sanitary sewer collection system and facilities Cherry Hills wishes to bring within th e terms and conditions of this Agreement. Englewood shall have 60 days. or such longe:-period of time as it may require. to respond to said request . If Englewood is willing to prov id e routine and non-routine maintenance services and repairs for the Wastewater Collection System as so enlarged. Englewood will so indicate in writing and will state to Cherry Hills the terms and conditions, if an y. that must be satisfied before this . .\greement will apply to the enlarged Wastewater Collection Syste m. At such ti me as the conditions have been fully satis fied. in Englewood· s :-,ole discreti on. Englewood will issue a notice of ac::eptance and the additional sanitary sewer system and facilities described in the request shall automatically become part of the Wastewater Collection System of Cherry Hi lls and shall be subject to all of the terms and provisions of this Agreement without an y further action by either Cherry Hills or Englewood. 2. Except as so modified, the Wastewater Collection System y{aintenance Agreement -Ciry of Cherry Hills Village, shall remain in full force and effect. In the event of a co nflic t betv,een the provisions of this Amendment. and the pro\·i sions of the Wastewater Collection System Maintenance . .\greement. this . .:\mendrnent shall control. 2 • I· 0 • • ... -,..· .. _. • • • IN WITh"ESS WHEREOF, the parties have executed this Amendment as of the day and year first above written. AITEST: By: ------,----c--~~ Loucrishia A. Ellis, City Clerk ATTEST : By: tk-b4? Le~ Darlene French, City Clerk 3 CITY OF ENGLEWOOD, COLORADO, By: _________ _ Thomas J . Burns, Mayor CITY OF CHERRY HILLS VILLAGE ~ -' By: ~;,_\, ... L<..... ·!- John F . Welborn, Mayor •' I. 0 • • -• ORDINANCE NO . SERIES OF 2000 • .. • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 60 TNTROD UCED BY COUNCIL MEMBER~~~~~~~ AN ORDINANCE ACKNOWLEDGING AN "EASEMENT AGREEMENT" BETWEEN CHERRY HILLS COUNTRY CLUB AND THE CHERRYMOOR SOUTH WATER AND SANITATION DISTRICT. WHEREAS, the existing sanitary sewer system across the Cherry Hills Country Club Golf Course currently belongs to Cherrymoor South: a nd WHEREAS, at the time the system was built, an ea sement containing this system was s upposed to have been recorded to Cherrymoor S ou th but was not: a nd WHEREAS, passage of this proposed Ordinance will a cknowledge the easement which would enable Cherry Hi.U s Village and their contractor (Englewood) access for repairs and maintenance to the sewer line which is a m a in interceptor sewer with various connections co ming from other areas of Cherry H il ls Village on the n orth and south sides of the Cherry Hills Country Club.; and WHEREAS, except for emergency maintenance, all maintenance work on the district's sewer lines shall be performed during November of each year; and WHEREAS, if the work cannot be performed during November. two months out of the ensuing months of December through February shall be designated; and WHEREAS, the Englewood Water and Sewer Board recommended approval of this easement at their June 6 , 2000 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The ''Easem nt Agreement" between the Cherry Hills Country Club and the Cherrymoor South Wa t e r a nd Sanitation District is hereby acknowledged and the City Attorney is authorized to approve as to form . A copy of said Agreement is attached hereto as "Exhibit J" and incorporated herein by reference. Introduced, read in full , and passed on first readmg on the 17'h day of July, 2000 . -1- • • I ... ) I • 0 • -,-. Date July 17, 2000 INmATEDBY Utilities Department -· • • - COUNCIL COMMUNICATION Agenda Item 10 a V Subject Easement Agreement between Cherry Hills Country Club and the Cherrymoor South Water and Sanitation District STAFF SOURCE Stewart H . Fonda. Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION The Englewood Water and Sewer Board , at their June 6 , 2000 meeting , recommended Council approval of the Easement Agreement between Cherry Hills Country Club and the Cherrymoor South Water and Sanitation District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing sanitary sewer system across the Cherry Hills County Club Golf Course currently belongs to Cherrymoor South . At the time the system was built , an easement was supposed to have been recorded to Cherrymoor South but was not. The easement would enable Cherry Hills Village and their contractor (Englewood) access for repairs and maintenance to the sewer line which is a main interceptor sewer with various connections coming from parts of Cherry Hills Village on the north and south sides of the County Club. Except for emergency maintenance , all maintenance work on the district's sewer lines shall be performed during November of each year. If the work cannot be performed during November, two months out of the ensuring months of December through February shall be designated. The Englewood City Attorney has reviewed and approved the easement document and it is being approved for form only . FINANCIAL IMPACT None. LIST OF ATTACHMENTS An Ordinance for Cherry Hills Country Club -Sewer Easement • I . 0 • • • • .. • -' Published as a Bill for an Ordinance on the 21" day of July, 2000. Thomas J. Burns, 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 17th day of July, 2000. Loucrishia A. Ellis -2- • .. I • 0 • • -• ' . ~· ,,-. • • - t:Ast:MENT A<iHffl\ffNT TIIIS EA. EME T AGREl:ME T 1s mm.le th is l~t".Jay of n\o, , 2000 hcl\sccn Cherry I lllb (0111111)' Cluh, a oloi:1t l,1 11011-prulil c ,1rpn1~11ion ( hercu after call ed 1he "Gra111111 "), and the hen)•111t or S,1111h Wa1c1 arnl S.,1111.111011 Oistrict, a q11asi - 1111111 ic 1pa l coq,111.11in11 uf 1hc . talc of Colu1,1dn whose kgal ad.t,e,s 1s c/o Mason Russe ll We s t, 1.1 , 7l•J Wc,1 L111k11111 l1,J1ilcvard. I 111lc1 011, C,1lor.1t lv S111 ~11 -2JJ7, (hcrc111alk1 calkd ··l)i,111c1"). WITNESS.:"rll: For and 111 consi.tera11on o f !he sum of T E .111.t NO O E II LINDREDTI IS DOI.LARS ('~10.lltl) aml 01hcr good and v,,luaule co11,ulc 1a11,111 t,) the C,ran1or in hand- p a id hy the 1)1s 1ric 1, the ri:cc1p1 of whkh 1s hi.:rd , ud,.iu,,, h:d gcd, Ci 1anhlr dues hcn.:h y g 1.rnt and c onvey untl) th(! D1 ~11 ict, 11s sm:ccssurs .11hl as:,1g n s, a lk."1111:Hh!IH no n -c 11...:lusi vi..: casement to enter, rc -1.!nlcr, occupy and use th e 1c;d p h•llell) tli.:sc11l>cd l>duw tu 1:n11s 11w.:t, ucci.:ss 1 r.:pa ir, rcpl..u:c:, rl.'m OVl!, o pe ra te.! and 11h1111l,1111 uni.: 01 mf\rc s.mi1 :.11 y sewer p1pdi11cs, 1Hi.ll1hnll!s a nd suhsurfocc appurh.:n~an cc~ 1hc1c10 , ol' su ·h s1.1c and capu cll y us th..: ()is1ric l d..:tcrmincs nc..;cssary, in , throught ovl:r and ,1 c1t1s~ the t'"i.1ll o \.\111 g dl!Sl'.1ihcd real property situated in the County o f Arapahoe, . late of C'o loradn, (hcrcinafta "l'ropcrty") to wit : C'hcrry.l!j!ls ('n11n1ry C'luh Fnur (4) parcels o f land i,k111ific1I herein as Pa1 cd ,,. I , Parcel u 1 , l';ircd No. 3, aud l'arcd Nu. 4 , whid, arc more pa r11 cu l.11 ly dcs~11hcll on "l·,hihit A", (i:unsisti11 g of 1lm.:c pages ) wl11 d 1 I:> a1ta ch~d hc1 i.:h1 and im.:,Hl'IOlal~l hcri.:in hy thi s r.;f..:11.:n cc . Pure d os. l, 2 , 3, a nd .i arc dcpicti.:d o n a d1 .1 wing win ·h is allaclH.~J hcrc1,, ,., "t:1dul»1 ll". 10 I IA E A () TO I IOI.I) said casement 111110 the District, its s11 c ccss,1rs and :t::,s1~ns , t\lrcvc1. As part of llu; gr:1111 lh.:rl!ill cn11tJ1 1h.:d 1 1hc pa1t1 ..:s ht!n.:lu nu11uall y agu~c and t.:t.lvc nant us l\1 11~,ws: I . The Di ,tnc t, its licensees, e mployees, agents anrl co111ractors, shall have an.I cxcr isc the I iglit n f mgr..:ss a nd t!grcss , in , 10, 1h roug h, over :111d iu.:ross all ,)f Ciranh)I ·~ ,,,11· LtH1rsc p11111e11 y, 111duding hu t ntH li11111cd lu 1hc ah,wc-d~sc 11hcd l'lro pcrly f,,r any purpl1~l!. n:a:,,n nnhl}' ncci.:s:,ary fur th e ful l i.:n.11.lymi.:111 ,11' au y DIiler 11g ltt t)f dccupo111cy di use p111v11lcd fur h..:rcin ; provi d l!tl , however, 11t.11 th ..: move111c11l of 111..:11, C(}lllfHllcllt, 111ad11ni.=ry, and vd1idcs shall he uudcr the d11'cc1in11 ut <,,:mhH ·~ ground:, s upc111 1h.:1hlc 111 , "ho :,,li,111 nu1h.: l1,1flic and di.:sign;.1h: ~h 11agc .11c.i~ l~H 1H,11 c 11 ab .md cq111p111i.:nt du1111 g cu1bt111c 110 11 and n1:11nh.:n am;c ac u 1tH.:~ wl11.:11 1h.:c..:s~.11 I he c,ms 1ruc 1um , sh1rage ;.111d 111ovc111e111 of vdn~ks, tru.:Ls, an,I macl1111e1y ,lt ull he c,11hl11.:te,I al all 1i111~s liy the Di s1 11c l Ill 11 llhlllllel' su as 10 111::.un.: lhc h.:a~l po:,,~1hl c 111 1c 1 h:.n:111.:c wi1h play o n the gulf c ourse . }. Exccpl fur cmcrgt!ncy ma1111..:nan cc, all ru111inc a nd nun-rou1111c nrninh.:mm c c wrnl cu1 the Dblflc t 's :,c,vcr l111e s and 1d.1tcd fo ~d1t i~s. ::.hall he pc.:1 "1n11cd dm mg Nl)Vcn1hcr of .;ach year; pr ovided , lil1wcvc1, th,11 1f s11d1 , rn" c :11111tll he pc rfoniu.:d dU1111g Nuvcmhi.:r fru-uny 1e1bo11 . inrnhH' :.II.ill di.::,1g 11,1l 1.." IWll 11hu111t~ ,u11 of llu.: c1b11111 g 1110111 hs oi' Dece111hc1 1hrn11 glt 1-chruary 111d11s1vc, il111111 g wl11 d 1 s11clt 111a in1cnancc wn1I. may he pc1ll,rmcd liy l)i~1r11 . .:1 or 1b ;,.d~pen,h;11t L,rn11.1 c1111 . l 1 lah:r1han Och1her 10•1i of each yc,1r, l)is 1ri<:1 shall 11011ry <,1.1111<11 ul th e m :11111c11ancc w,111. n1 s tnc1 plans f<>r 11,e c11 s11i11g numlh uf Nuvcmb~r 01 1h.1 1 due H1 ~c hi.:d11l111 g ,11 ulhc r pn1hlcms, planned • I:. X h i b i t .... • '.) .., I • 0 • • • • • - 11ta11Hcna11cc work cannot be perform ed duriug saiJ month of Nuvcmhcr. If ,r,11110 1 has any o hjccli,m to the mai11tl!11ancc wmk plannc"I during Nuvcmhcr (or in the event l11!»t1u.:t has nu11 1ii.:d G1antor that 111ain1cuJ11 c wo1l cannot hi.: pcrfnnncd .. lu1 i11 g ,1\c m bc1}, liranwr shall 11111111.!diatdy dcs1g11~1h.: two of 1l1c months nh.:nuoncd carli\!1 tn tlu:, p;iragraph ,luring which the D1st1 ic t. muy, at its option, pcrf,1rm 1hc planm.: t 1m111111.:na11 ·..: WOI k . Ft'lr p11rp,1 scs o f 1l1 is Easl·mcnt Agreement, routine 111aint l.!nai1cc wrn k 1s ,tcti1h.:tl as 1cg11la1l y schcduli..:d m<.1i11h!1tancc such as llu!)liing, ~h.:an111g and inspcc ti,m o f sewer lines and 1d,1tcd f~u.:ililh!S . Non -n.H1l111c 111:ii nttnanci.: work 1s dd incd as nny 111a111h.:nmh.:c , o tlh.:r tlwn cnh.:rgcni.:y 111 ,111111.:nam:c th.111s nul n.:gul,11l y sdu.:dukd sud, as p,1i 11t 1l.'pa11s ur n.:plaLC llll.'nts due to uhs,1lcsc c or deterioration l)f sewer pipe ;.md I d.11cd f.1 c il111c s . E111c1gcncy 111:111111.:11:irn.:.c i:; tli.:lim:d us an y 111ai111cna11cc \\ h1d1 tlic l1i s 111 c 1 d L"I ·111111H;::, ca111\l1l he ddl.'.1n.:d and 111u~1 hl,j du11c 11111111.:diatcly . ). Gru1lh)f agrees h) m1tify tltc Dislril:t, in w1iting1 al h.:ast thrcc ()) ,c~us in adva11cc of an maJ,H golf t,n111 Wnh.:nt tn be hdd a t the ('luh. l:x..:~pl 11 1 the c .1:.c ,1f c111crgcm:y s1 h1.t1 io11s , Ili c 1)1::,1nc1 agrci.:s 1101 In perform any nu1111h:n.1111.!i..:., 1u ut111 i.: u1 1hlll - rout11H.:, n111hc sewe1 line~ lul.'.alt.:d 1111 lhc Pro pc1ty , itliin IX 111tu1ths pn:c cd111g all) l1l.lJ 1,r gnlf h)uman11::111 hl he hdd al th..:. C'luh, pnwidl.'.d thal Granhu ha~ g1v...:n th ..: 1)1:,11 h.:1 11dv.111ce 11011c.: as sci 1,11 1h i11 1his paragraph J, and p,o i,lc.l 1'11,th~r 1ha1 1h~ D1 s 1, ,c1 ,h.dl have ;icl'.L'SS h• thL' sc\\1..'1 l111L's l\,r 11rni11h:11anc c, rl'n1ti1h.: ur nu11 -1nuti1h!, at k:u s t L'Vc 1y I ' nh)11th s 1 1f 11011 cc 1s g ivi.:11 l,y (iranlrn under lhl! trrms of thi:, Paragraph . In th e cvc1tt that (i1anior hlbb a ny 111a101 01 n111hH golf tnunwn1t..!11t wllh respect w ,,,hi d 1 ll ts un.1hk 1u 11ot1l y th~ 1)1:,t1h.:t at k.1s 1 1h11.a: y...:.i1 s 111 ,1dva1h.:.L', li1.1t1lllr ::,Ii.ill g1,c the l11 :.111c l w11th:n nnt1L'...: th~rcol as :,fhm .is pr:11.:t1t:.1l,li.: :rnd the llis 111d .1 g 1...:...:!I to 111tl11c 11:, hL':,t cfl,11b "' uvuad any 1n ,1i nh.:na111.:c, rout i nL' 01 nn11 -1n111i11c , p1 illr tu ;.111d drn 11 1g, sa id hHtt llUIHl.'.111 wliid, ~u 11ld advc1sdy affect 1hc pl:i y i11 g cu11d111u11s or 1111..: sull.!ty ,\r p,1tcnlial s pcL'tah1rs and players tluring said 1oumamcnt. ·'-The l)i:,llict , with G 1J111t,r's !)Up...:1v1:,iun , :,li ~il l have the right to ma1k caL'h manlhilc un the surl~1cc 1 wi1h a form ,11" p...:rma11c11t nll.'nlliii..:a thrn 1h.,1 b appn,p11.11 c lu1 1nd1v1dual 11.k11tifo.:;.1tiu11 of thi: m,111h n h.:s ,uul wl,id1 b .,ppfll elf 111 ;uh .mcc h ) the <,r:1111or, whid1 :ipproval slaall 1101 be 11nrcaso11:1hl y \\ 11lol1cl d . 5. Exccpt i11 tht..: c ase l)f t..:ml.!rgi.:11cy mai111...:111111 cc. Cra11111r s hall have thi.: oplHm 01'11~i11g its own ground main1cn:.t11 cc crews to rcmov..:. awl n.:p l.u.:c a ll sud a11d li111dsc ,1p111g that must hi.! 1°\:mtwcd to cnahlc lhi.: D1!>tric1 IO pi.:1 fu1111 rn11l11u.: and 1HH1 -ll111l11ll.: 111;1111h.:na11i:e, prov1di.:d , Cin111tiH has lirst delivered In 1h1..: I )1 :,1 1 u.:t l~u lb .1ppn.1 , .,I. 1.1) a w1111c1 1 scope of wn1~ 1h.1t ulc11 t 1lii:s. h > the ()i:,lt i ·t ':, sa11:,l,11.:tu111 , Ili c 111.ih.'.11 .1b In he used ; and (h) a11 i1c111i ,...:d cos t c::,ti111ah.: for 1hc wo,~ and 111 .1 1c 11als . In 1hc cvl.!nl tli ~ l1i s 11 ii.:1 dvi:s nut approve ,,f 1111.! :,Ctlpc of ,,,ui ~ 111illor 1111: C<bl c:,timatt..:, tlic pai1ie::, :,liall i111111i.:d1 a 1dy i.:u11ll!r li.H th..: p111p11:....: l)f1csol Hl b tlic d1 :,p11h.: 111 the cvc11l lite lli:,pulc 1:, not rc:,,,lv...:d , thi.! 111allcr !>hall he :,11h1111th:d as sou11 ,1:, p,b:,1l.,lc 111 an 1mh.:pcndc 111 engi neer whose dl.'Lbh\11 as 10 1hi: scupc ,11' the wrn ~ and ,, hc1li c1 th · ...:~limalcd CllSIS thcreur an.: rcaStlltJhl...:, :,hall he li11al. If Iii ...: pat lli:S canllol ag1cc 1.Jl1 .Ill 111d...:p...:1uk111 ...:ng111...:er lu \\ hum h, s11 l111ul 1hc1r d1 :,p111c , encl! p,111y :,Ii.di d c!:t 1g11.11 ...: .1 11 c11g111n~r. Thi.: 1w,l ...:n g i11i.:crs ~hall 1...'hlhlSC 1111..: 11ul...:p...:11d c 111 c 11 gi nccr ,, h1l s hall hc.11 Ille p:111ics' dispull.! and shall i.:ntcr a dccis1011 ~,s suni1 us puss1hk. Tl1c d ccl:,hJll u l 1hc cng11h!Cr sh.all he linui , 11tll appc;1l.1hlc hy dlhi..:r side c>.n:pl l~,r fiaud and g,rns:, i1h11~...: nf d1>cre11011 . I he cost or 1his ,,mplili ed .11h i11a1irn1 pr .. ccd111c sl,.dl he s h:11cd cqu.,11 hy ( i111111111 and 1111, D"t11 cl. (,. The Di,1n~t ,hall p rm idc Gra11 1nr with a l11 yn111 represc111i11g 10 1hc l)b11irt':, hesl ~ouwlcdg~. i11fcu·ma1u111 nod hcli1..·f. Ille h1calllHI llf tl1c ()1:,111 c t ' M.'\\t..:1 Imes, manlhlll.!s uud 1\.:l,111.:d l'acili11cs sd1...:dukd h > 1ccc1v..: rrn11 in..:. arnl/ur 11,u1 -1,u111111.: 2 • • ) I • 0 - • • -• • • • nmintt.:nam:..:. Suid l.1ym11 shall h -.: provi ... kd c1h.:h y..:ar con c urrent with tlu! lldivcry of the unticc di.:sc11hcd III p,11 ngraph 1 ah,>vc, to permit ,ranwr suffac1cnt ti me to prcpa1c the \\rtlh.:n sc,1 pc ... 1f wrnk a1\l.l cost c.:::i 1i111ah: l~u Ilic ll1:::i tnc 1's app1oval Jnd .,ls ,, tu aft\ud (.irantor suflit.:icnt timc 10 pe.1 fl11111 s uch sod •uht lu1h.lscapc rc 1th1VJI a::. 1s 1\1..:ccss.,ry . In th ..: eve nt Granhlf, l~lf an y re ason, dccts nnl to use its own ma111h!muH.:c crew:::i h.l r cnhl\C m11l replace sud auJ l,1111bcap111g , it ,h.il l ,o uotif th e 111,11 kt. The n,s111ct ,liull then he 11ec 10 pcrfunn the wo1k u sing its 0 ,,111 crews or co11 1ractors a nd hl do s,1 at the 1)1!:a-lll Ll ':::i :.uh.:. c,):::il illhl cxpcnsc. 111 the ..:v..:nt Ci nm tor us..:s 11 s own r n.!" s to rcmU\'l.' ,md 1t..:pl.H .. c snd ,111d la11dscnping, it s hall rnv mcc the! n,s 111c 1 fi . .>r s uc h wot k urn I l.mds~ap111~ lllJh.:nals 1 uml 1hc l)i,trkt shall hav.: 311 .l.,ys after reccipl of 1ln: sa111c in wl11d1 10 p.1 the 11n,01cc 7 . T he r>1::.t1u.:l am.I 1rn111 or nH1tu ull y .1g 1,.;c 1hat .::.linuld c nu.:rgcrn;y rq 1a 11 SC I V ICCS f,11' lhc sewe r latH.!S h\.' required a l 11 11 )' llllh.:, lhc 1)1:,IJIC I :.ha ll , tli f1)11g h II S uuthnn,i:d scwc1 11uu111 e11arn.:c cn111 roctor, h ave a cce ss 1t 1 thl! c ,, cr l111cs with the ,1c tu,il co:,I ,,f suc h emergency sc1-v1cc::. h> he lu lled u11d paid h the 1)1:,11 11.:1. 1)t1 li c,11wn t>t' 1hc ( ir.1111 ur, 11trn11 g h 11s gl.!1h:ral 11 1a11agc1 .11 u.l cn o rd111.1l1 011 of cfhub lh:.I\\CCII tl1 c C i1.111wr um l th t..: 1)1s1n,1 :,h.111 he 11ndc11.11..c:n hy tht.! l),~t, 11..:l ,is Sl\tHl ,1:, pn!:.:,1 hli: 14. lhw, ing d1 sclwc:ry ,,f suc h emergency . U1111I 1hc Gra11h1r ,s n1hcrwisc mi111kd , 1hc I l i,111c1 ·, J111h ,1n,etl !~-hon, sc\\cr sc1\'ll.'.l! cunlr,h.:hu· fur cmcr gcncy pwpns\.·:, 1s Aqu.1S,1 urcc Scrvtt..:cs and ·1cd11mlogit.!S, Inc . 11 70 Ea~l ]')111 venue, l)i.:111,cr, c,,101.,d,l ·o~l'J .)4 2 1; 1cl~phuth.! 1111111hc1 ( 311)) )117-321111 . l'hc 1)1 stn.:1 ~,m1..:111pl.11es .1s>1g 11111g lh1> Ea,cmeut to th e t ·11 y 111' t'herry llills V1ll ,1ge . Efk.:tive up1111 as.ig11111e11t , a11d 1111111 1h, G1a 11111r 1s ,>1hc rw1 ,e 11ot1lictl, 1hc ( 'i ty's 24 -lillll f s i.:wc r s..:rvicl! contrac h H tl u cmcrg.l!nC purposes 1s Tiu.: C11y ur E11gk ",1od, C.'ulorn,111 located al .14011 S . Ela11 S11 eet, h1glcwoL1,I, l'11l 11rad,,; 1dephn11e 1111111hcr (303 l 7<.'.!-2<>~3 . In th..: event tha t c,ncrgcncy repair s erv ices an.; req11i 11 .. ·lt anll 11 0 offo;i,tl of the l)is triL:t c..111 h..: rco.u.:hcd aftc t the n.:. h:,s hi.:cn a r..:u snnahk cffl>rl to dtl so, firnnhu 1n ,1y i.!fH1tacl said authori-,cd i.:111..:rgl.'.ll ·y s..:we1 s..:rvi..:i.:s c ,J olraCh lr di n.;c tl y and request StH.h i.:llh,:rgcni.::y rep.tir scrvici:s a s ar ..: rcasu11;.1hh.: .rnd 11..:ccssary und..:r thl! cin.:1111bl :rn ccs. I he l)i~tnc t shall he n:.s p,m:,ihlt.! ;.uhl lt.,h k l(u· .lily ;and .tll ll,1magc occun ing h• C irn11h 1r's g1ou1h1 S aml the golf \.'.O llfSl! cau:,..:tl h y ~.ml c m c1gency 1..:p .t11 s..:rv u.:cs hl the ..:x 1..:11l lhll i.:lWt.!rc,I hy 1he contri.tl'.Mr':, li;,h1h 1y 111:,u1,11u.:c I he 1)1:,111 c 1':, lrnhil11 y, however, sit.il l 111,t ex tend lo any indirct.:l t)f onscque1H1,tl ,l.1111J~c s 111clul_l111g, hut 1101 li1111lt.!ll to, the luss of revenues or f~c s result111 g f1 o m d.11nu g.c h1 Ci 1.,ntn r 's g.1mmds a1hl the gol f course unless saill ,lamug..: results f1um D1 ~t n c 1's 1h.:gllgcnc..: 8. Ciru111or shall 11111 cn11s tr11c l ,,r pla,c a n s1n1 ~111 rc, i11cl11di ng h111 11111 limit~,I h"> any fi.:.nct.!S or h111hlings, tcm1l0r:11 y 0 1 p cnn •1111.:n1 , t1r pl m\l nny trl!c, woody pl ant 01 1111,scry s11ick of ,111y l..111.I un ,111 p,1r1 o f 1he l'r,,perty thal wuuld i111 e rl'erc wi1h th e o pcrntion, maintc11a m:c, r!.!putr and 1cpl,u.:c m c 111 of l11~11 ii.:1 's sanitary sewer line un d rd:11c,I facili1ies . CJ . G rnnh.n rdai11 s the n gl1l lo 1hc 11nd1:,1t11hcd use aml occupunc.y of the Pn,pert y insofar as s ud, u se aml o\.'.cu pancy i:, ,011:,is tcnl wit h a 1lll ,locs no t impair the tlp\.'.1,.1tion a nti m ;.11ntcna ncc uf 1hc l)istnct's sewer h1h.: aml appurt..:nan1..:cs loi:atcd or hl hi.: localed 1hcrdn and insofar as s uc h use and occupam:y j :, no t in\.'.mls i:,tc.11l wllh a nd ,Ines not impair any grant or (Ovenant ..:o n1a i11..:d hcrcrn . I 0 . T he Di st, ic l , in opcrn1i11g it s sani1ary sewer system 0 11 th~ Property, shall hi, resp,msihk f11r i11s11nng 1hal a ll mauhuk covers shall he set a 111i11i111111n of 12 inche s hduw cxi:,ting grad..: a 1hl the G rantor may plat:c s,hl over these manhole cuvc1s . 11 . The Di s1ric 1 sha ll have aml cxcrcisc 1hc right 11 1" snhjaccnl nml latcrnl s11ppm1 to wh111t.:vcr cxtcnl is nc:i.:c ss:ll'y or dcsirahk for the l"ull 1 comph.:h! anti 1111111olc:,tcd e njoyment o r the lli:-11 il.·l 's rights ht.!rci11 ~ra11h;tl. ( irantor :,hall lake rn, ad tun w liu.:h :,h~.tl impai1 the e 1111h ovc1hur,lcn llf 1hc lutc:1,11 lH" s uhJ acc111 su pport lt .r any nf 1hc D1 s tnc t 's I • 0 • • • • • - fot.:llities lhat may be i11s1allcd here under~ pro vided, howl.'vcr, th ,tl 11po 11 ublJirnng 1hc spedtic w1i11c n pcnnission of the Dis11ic1 , the c:111h ,werb11hlcn cif a ny ,if the 1)1s111 c1's scwcr Imes may be moclilit!d , h11 1 ll 1s unders tood 1hut n,11mul1y 11en111 ssw11 wtll IH t h1.: granted for n modilicutinn involving a c over of le ss th.111 4 I/:! feet no r greater tlMn 15 foc i, meus 11n:d vercicn ll y li·om the lop o f the sc\\et ltm:. Any 111od1fica1i,1ns of the ca11h ove,hunlcn will he upon terms ,,lud, prm tdc fm rc1111bu1 s eme n1 h1 the l1ts1ric1 o f the cost of nny allernation or rch,c,11ion of any Dts111 c1 foctl111c s mJdc n.:c cssary hy the e :111h ov~rhurdcn nw,lification. 12 . In the case the l)istric l ,hall uhnm lun 11s 11i;h1s hcrd n gra nt ed and cease 10 use the same, all right , t1 t lc und 1ntcrc.s 1 nf th e 1>1 :.1111:1 hc n.:1111dcr, s hall cease a nd h.:rminalc, and thi.: \Jn1111 or ~h.111 ho ld the Propc,ty, JS th ..: :.amc m.1y then hc, frl.'c f1t1111 Ilic Oislri..:t's nghls so uhand1 l1u.:d , a nd :,h,il l own all m ,t1 c11.1h,, :,l1 1h.'.t11 rcs .tn~I facilllil.'.s .,f 1h1..· Dis 1ric1 so abandoned, hu1 nothmg hcrci11 co111u1111:d :,h.ill he Clll\Stnh:d as \\111 l111 g i1 f~ufcitun.: or ahaodonmcut uf any inll.'.1\!!)1 lll n g ht:, lic1 c 111HI ·1 uw l nn l owned hy the 1)1stru.:t ••• lht.! llllll.! or 1hc .1hand,l1Hlll.'.lll uf tl11.: D1 :,ll1 .:t ':, 11 g h1s . 111 the l;VClll the 1),:,111 1..'.1 aha11du11s its sm11 1.iry sewer line hl-:atcLI v.. ith1n the l:a:,cmc 11t , the D1:at11ct a g,n.:c s th.i t 11 w,11 cap the sewer line arn l till :lily manhuks loc utcd 1hc1con wt1h ,and, .,II al the D1s1nc1 's so le cost and expense. 13 . E:ic h anti e very one 01'1he benciits and h111tl e 11s nf1l11s Ea,cmcnt lke,I ,h,,11 inmc to and he bimling upo n th~ rcs pccuvc h.:gal r1..:p1 cs1.·111:.111vc~. hc11 s, e cc11hH :,, adm111istrahlfS, successors and assigns o f the parties hcr1..:1u 14 . Granl o r warranls that ii has full nghl anti l,I\ l'n l a111lu,111y 10 grun t 1he n ghi. co nlaincd hc 1c1H . 15. T h..: Oi ,1rie1 s hall he resp,>nsiblc an,1 li ahlc f"r an y and all damHgc occurring hl G ranto r 's grounds and 1111.: gulf emu s ..: caused by a11 y ma rnti.:m.11h:c Wlll~ pt:1 formcci hy the Di s111d on th..: scw1..:r lines purs ua11t ltl 1l11 s Ea scmi.:11t t\grcc111cn1. S.ud li.,hility ~hall nut cx h:1h l 10 any irnl1n:c1 ur co11si.:q11i.:11 11 al ll,,magcs , inchuling hut nnt 1111111 ..:d 10, lhc loss of 1cvcn111..:s ,1r Ice:, r-.::,11h111 g f1om :,u c h d a magi.:, 11nl!.!ss s:a 1d damagi.: res ults from I l is11 h.:t 's 11c ghgi.:n ce l (L T he l1istri~1 reserves the 11gla1 tu 4lh,111du11 thi.: Sl.!\\·cr line iLlt.!1 Hilicd tlll l:Ah1hi1 "ll" as sewer lme n "lo,11 1cd w11 l11n l',11 cd No . 2" ,f the user nf lha l 1111c , the C herry I ltll s . d1ool Dts1ric1 o . , c:111 ,1h1 :1111 s ewc, scr ice lu , 11,c C herry I fill s Flc111en1.11·y Sc hoo l 1l111111 gh 1hc C'hcn y lltl b S:1 ni1a1 111n ll1>1rk 1. Al s n,h tim.: as sewer service li.,r the Cherry 11,ll s l :kmc11l,1ry Sdmol 1s trnn,li.:rrcd 1,1 the ('lte,ry 11 ,ll s Sanit alHl ll l)i:,lric t, Ilic n1~1rtct w ill rcl111q11i s h a ll ll f IIS 11 g h1 , 1itl l.' .111d 1111 c1e ~t Ill and 10 110.:. h1sc mi.:n t i:xti.:1h_lin g i11 , 1h ruu gh, ov1.·r ,ind acros:, 1•a rcd ,. 2 ,md :,h.ill c 1ln i.:y :i ll uf 11 :, 11 gh1 , 1i1l c ond 1111 c r\!s l in and to 1hc scwc.r lrn c loc ated w11h i11 s ai d Parcel h• li rnn rrn , a lh :r capp11>g the sewe r li11c amt till ing the n1a11h,,lc, loc.11 ctl 1hcrcn 11 w11h s11 11d , all ill 1hc 1)1:,11 h.:1 ·~ suli.: cn:,l a nd ..:x pcnsi.: . 17 . Thl! Ois1ric1 agrees that other puhl ic n11li11es s11c h as i;as, declnc and td c phoni.: li11i.:.s may he i11s1allctl i11 th e ahn\ c ·dcscnhi.:d co1:,1..:11h.:111 .1:, Io n~ as tlh.:y dt, nnt 1111c1kll.: with llu.: l l1 s1111.:t's ri g hts lic1c111 granted and ,1:, l11n b ,1 :, p1p111 1 C1t):,~111g 11!1..: SC \\CI 11 11c 111 thl.'. d1s,1cl1tl 11 ufthl.'. l)1 s 111c 1. 1s 11w1all1c nr L:l111 crctc ,11 1s c 11c.i~cd III a11 m.:ccplahlc 11w1cri ,1I. Any aud a ll 111il11i cs ,d,id, p,nalld the f)i ,111c 1·, lanl i11.:, ,Y1/I not l,c pcrn1111cd w11h111 live (5) ti.:el 01 D1 s1ri c1', 1:tc1l111c, wi1 h11111 pt i,11 cu11 set11 11 ,1111 1he Dtsl11 e1. Tit.: i nklll j:, 10 l"CSl.!f\11.! f,jr 01slri c t '~ SC\"Cr 11111,.·S 11111.!ns l h.:11 ( 10) l~cl 1d the 1.!11:,Cllh!lll \\ldlh . 18. II ts agr.:cd 11,al h y reason of 1ha1 ec11,n 11 agrec m ·111 dated Oc111hc r '), 1970 bc1wee 11 th e parti es, (inllllor has a reserved e :q1ac t1 or 17X ,in •le -f.1n11ly e q11i va lc1t1 I !)(:Wc r laps in 1lic scwcr line hh.:atcd 011 <i1,111tor ':,.. g,1lf c,11 11 :,I.! p1upc11 y ,11hl th a t ,11 li.:a:,t 70 of tltos c ~i11 g ll.!·fomil y cq11i v,dc 111 SC\\l.!I' t:1ps 11 1 • 1uc~L.·111l ClH1111..·i.:1cd tu th\.' ll1!)1111..:t 's -I I • 0 - • • • • I••., ·~ • -.. sewer li1;cs. W1mtcvcr remaining sewer lup capacity Gn1111or has in said linl!s, may be used hy Gmntor within the 1;01 r cu111 sc property; provi,lcJ, Gr,mtor pays Dist net ~ I OIi .Oii fut c.,l:h single-family cquivah:nl lap conncl.'.lcd 10 l)j:,111c1's sewer Imes fnm, and .,tkr 1h~ d.11c of 1l11s Eascnu.:nt Agreement. N1.11wuhs1an1._ling any otht.:r 1lnlvis10n con1a1111:d hc1c11t , ~;.u.:h aml every scwi..:r tap n.:.:,crvc.d 111.:rcin fur thc ,n.rntor's use an,t hcncfil thal 1s not placed into service within 15 ycurs from the dah! or this Easement Agrce1m:.nt , shall cxpi1c and he of no fllllher fon.:c and cffcc1. The pt\!cc,ting S'-'-nlcnce 11ppl11.:s onl y hl the sewer laps rcscrv..:d hy 1hc l)j:,tnc t 1t1r 1hc Gra11tor 111 thi.: 0...:1,11.h.:r 1J , 1')70 A~h!c11tc111 and nm 10 any sewer laps that Ciranh>r must pu1cl1.1sc tillnt the ( ·,1 y of Engkwt\\HI, ( 'olluadu, 111 order to utili,e said reserved laps. All taps purch,1s.:.d frnm 1hc l'11 y nl h11;kwnud, ( 'uh11,uhi c,pirl..! within nnc year from the ,l,,tl! of p11h.:h,asc 11' 1101 Sl'ht111.;r m.:11v,\l i,;d All l)llicr h.:nns and pnwi~11rns ,,fthi.; pa1l1c:,' l)i.:1uhc1 1J, 11170 :1g1ccnh.:nt a~ wdl u::. a11 y utlu.:1 agn.:..:mcnts hctwci.!n 1hi.: p.ar1ic s, i11dud111g hut not l11w11.:d tu 1ha1 ccrtarn lcth.:r agr1...·cnh.:nt tli1tcd Muy 5, l'JX<,, s hall :mtrnnaticoill y tcn111nuh: 111ul he of nn fo11hi.-!r t'1)rcc and 1...·ffl.!,.;t al such time as nn oulcr f1lHll th..: Arap.1l1oc Cu11111y 111!\lnct (\)url, dissulvrng the 1)1:,11 11.'.I 1s rcconlcd upon th\! puhl1..: rc..:01<ls ,1f An:,p.,h,>e (\umt y, Cuhwa1h1 . IN WITNESS WI IEREOF, ,rnntor has c,.:.cuteJ 1his Easement Agreemenl as ,,f the day and year lir,t ahovc w1111cn STATE OF COLORADO )ss COUNTY OF ARArAIIOE l C II ERRY III LLS OllNTRY CLUB, a Culorndn non -profit corporation "' {~. ~ .. :.':b;~::,aJ --" "\ By: ·1)ul'1rr,,, 1J{!,10 /)01,,f.,, ( , l'rcstJi.:nl The rorl!'fni11'ft~1J,s ~r.111~~1nll~as acknowkdged hcforc me hy Steve 1'. Klemen~~ Ce nernLMau.1~~r. u~ / ___ u, ~1~s11lc11t -1 '11'!,l\'le61\.'l~fj'' uf J:becr JIU CounLry _c.lub_ th1 s _26t.h_ ,lay _Aiir , 2000 . W1tncs~ my hand m11l oflic1«I seal. 5 _LI . \,, I I /'. ·. I' /j ( /) ;' ,~· Notary l'ublic \..:.l .:Lt._U_1_, ·~------ ',,,/'-. ) A,ldrcss l-~~ ~_(°_) • I • 0 • • . . . •· AlTEST: STATE or COLORADO ~.:I.;, ' . U'.:.~. ~~ < ·urJNTY OF A RAPA I 10E ) )ss ) • .. • - C II EllRYMOOll SOUTII WATER AND SANITATION DISTRICT, u quasi-nnnucipul corporntion of the S tate ofCulura,fo The foregoing inst111m~nt was ack nowblged he fore me hy ~tf;:_J < c:ut..Aa!V . 41.S Prcs~dc nt -;l~f Cherry~~outh Wc1l_!!_L ••~kilil~ II! ~An i tat ion outr ! c_t ___ this _/J..::::_ d ay __L/ :i_y __ , 2000. My commi,sion e x p ires : / -.:!. d -(LL CITY OF ENG LEWOOD ll y: Daniel L. Brotzman City Atto rrey fl The foregoing i nst rument was acknowledged befo r e me this /J-day Of ~/4 .:£__, 2000, h.,<:~:LJi.A1t..r,CJ:'t-.•• ____,,J_£~..:Lt,;,:L_ of C'herry,.oor So uth Waler, Sanitation Distri c t. d r0 ·" = .. /f {/_, J.;__., Notary Publ l e My com,ni~sion expir-,a: /-~tJ -o,< <, • .. • I ) I • 0 • • .. ~· .. . , • -' .. J EXIDBrr A / CHERRY mu.s COUNTRY CLUB SANITARY SEWER EASEMENrS Parcal llo. LlaA A Parcel of land loca1ed in ponlons of the NW 14, SWl4 and SEl4 of Section 2. Towwhip 5 South. Rance 61 WCII of die 6* P.M ., Cily of Oieny Hilb Villa1e, Atapoboc COWll)I, Colorado bein1 more panicularly dcacribed u follows : A llrip of land 30 fcot in wid1h, 15 feel each side of a comcrlinc dac:rlbcd u follows: Deglooing al a poinl on tho soud, 101 iino of Loi 5, D .E . Buchanan Subdivision Amended Plal (Pla1 Book 18, Page 21) which lics 74 .3 ree1 wCSlcrly from die SoUlbcasl Comer of said Loi 5 and fro~, which die Soulhcasl Comer oruiJ S0c1iun 2, Township 5 South, Ranae 68 Wesi bean S 59" 17'32" E, 5003 .3 roe1 , more or less; d1cnco S 07"23'35" E, 8 .33 rcc1 ; lhoncc S 47°18'01" E , 297.72 fcot; d1encc S 66"57'57" E, 327.49 feel ; diencc N 73"44'13" E, 356.72 rce1 ; 1benco N 89"03'19" E, 165 .56 rcc1; 1hencc s 40"25'16" E, 222 .24 rco1; d,oncc s 49•40•51• E , 397.38 rcc1 ; d,once s 51"46'19' E, 226 .55 fce1 ; lhcncc S 76"31'16" E, 297.87 rcc1; 1bcncc S 70"39'52" E, 254.12 fcct ; lhcnco S 71°27'22' E, 139 .17 feet; lhcncc S 79•59•34• E,298.32 reel ; 1honco S 72"54'48" E. 298 .35 feel; 1honcc S 56"49' 12 " E , 229.04 foci; !hence S 32°14'03" E, 201.73 feel ; lbenco S 71"16'05' E, 198 .32 feel ; thence N 78"45'03' E, 362.80 focl 10 1he l'oiru of Tenninus whici, boars N 26"34'47' W, 1259.5 feel, more or less, from doc Soulhcall Comer of said Section 2, Township 5 South, Range 68 Wcs1 . Said parcel com.ins 128,469 squaie reel or 2 .949 acrca, more or leH. Parcel llo. 2 Lia.I A pan:clafland locaacd inlhc SE\4 of Scctiou2, Townlhip 5 Soulh, Rango61 WCII orlhc6* P.M ., Ci1y of Cherry llilll Villap, Anpaboe COIIIII}', Colorado bclnl more panicularly described u follows: A llrip of land lO fcot In widlh, 15 feel each aide of a comcrlinc described u followa : Bc1innins al a poilll from which die Soulhcul Comer or said Section 2, Township 5 Sood,, Range 68 WCII bean S 44"49'18" E, 1995 .3 feet, more or lcsa; d,cncc S 51"15'23" E, 221.85 feel ; 1hcncc S 22°37'37" E, 207.26 feet; U,onco S 03"20'24" E, 233 .09 feet; 1hcncc S 09"41'42" E, 298 .39 feel ; d1cnco S 38"38'34' E, 380.74 feet; lhcncc S 39•04•37• E, 24 6 .27 feet ; d1c11cc S 73'53'24" E , Ill .OS fo~; 1bcncc N 86" 10'07' E, 51 .03 foci ; dicncc N 87"38'38' E, 164 .93 feel ; dicncc N 89"35'59' E, 15 .41 feet 10 die Poiru of Tcm,inus which lies on 1hc we11erly IOI line of LDI 3, Fairway Subdivision (Plal Book ...... • ~ ' • I • ) I • 0 - • • • • • -' ( J EXIDBIT A CllliRRY mus COUl'nllY CWB SANITARY SEWEll ltASEMENTS (C.aiaued) SO, Pace 33) and bean N 82°42'02" W, 341.7 feet, more or 1-. from Ibo SOUlbcut Comer of uid Scclioo 2, Towoahip S Souah, Ruge 61 West. Said parcel co111aim 58,531 square feet or 1.344 acres, more or less. Parcel llo. 3 unu: A parcel oflaod localed iu die SEW ofScdion 2, Township S South, Ranae 68 West of die 6• r .M ., Ciry of Cherry llills Village, Arapahoe CoWlly, Colorado bcinc more panlailarly described IS follows: A strip of land 30 fccc in width, 15 feel on each side of a ccncerllnc deacribed u followa : Dcginning 11 a point from which die SoudtcUI Comer of said Section 2, Towrw,ip S S0ud1, Ringo 68 West beara S 52°56'40" E, 2653 .9 feet , more or less, !hence S 08"1S'S8" W, 410.66 feei ; !hence S 26"46'26" E, 299.26 feet; thence S 27"09'31" E, 299.11 lee1; !hence S 14"32'14" E, 404 .60 feel ; !hence S 28"20'21" E, 291.96 fecc; !hence S 01°16' 16" E, 14.27 feel 10 lhe Point of Terminus which hes on the nonh rigl~-of-way of East Quincy Avenue 111d bears S 19"53'04" W, 1665 .1 feel, more or les~ from die S001heu1 Corner of said Scc1ion 2, Township 5 Sou1h, Ranae 68 w .. ,. Said rarcel co111ainl S 1,596 square feet of 1.18S acrea, more or leas. For die above dtscribed parcels, all boundary li1,es shall 1,e e11ended or 1ronca1cd IS required ai angle poinu, propeny lines and/or righu-of-way 10 complc1e a co111inuoos 11rip of IA1id 30 feet in widl11 . For Ille above described parcels, bearings are bued on die lOlllb line of die SE\4 of Section 2, Town,hip S Sooth, Ranae 68 Wcs1 of die 6• r .M . bcarina N 88"51'08" Eu givco on die "Arapil&oe County llorimnlal COMrol Network Phase IV" drawing for Arapahoe COWlly by MOIIDlaio Surveying & Ma('l'ing, Inc., daled Novcml,cr 4, 1997. 2 •-oz1.cm ., • ,. ) I • 0 -- • • • .. • -.. ( EDIIBITA CDEllRY mus COUN'11lY CJ.VB SANITARY SEWER L\SEMENrs Parcel llo. 4 u..n A parcel of land locued inlhl: SE" of Section 2, Township 5 Soulb, Rane• 68 Wat of die 6* P.M ., Ci1y of Cherry Hilb Vllla1e. Anpaboe C1111111y, Colorado belna more particularly described u ~allows: A llrip of land 30 feet in wldlll, 15 feet on eacb side or a cenaertbie described u follows: De1ionine 11 a poirll from which ,t,e Soullieul Comer of said Secrion 2, Township 5 Saud,, Range 68 West bears S 51°S6'10" E, 2521.8 feet, more or less; doe11ce N 31°32'06" B, 300.33 feel; thence N 49°32'31" E, 341.01 feet 10 dae Poi111 of Terminus which bears N 37°40'16" W, 2567.2 feet , more or lea, from 1he Sou1heu1 Comer of said Section 2, Township 5 South, Raqe 68 West. Said parcel collllina 19,240 aquare feet cw 0 .442 acra, more or lea. AU boundary lines of the above described parcel lhall be extended or uuncaled u required 11 anal• points 10 complete a continuous strip of land 30 feet ia widlh. Deariq are hued on die sowh line of rhe SEl4 or Sccrion 2 , Towllihip 5 South, Ranae 68 We11 of doe 6• P .M. bearina N 88"51 '0S-Eu aivea on die "Arapahoe Coun1y lloriZOtllal Con1rol Network Phase VI' dnwin& for Anpahoe r.ounry by Mounuin Surveyin& & Mappi111 , Inc ., dared November 4, 1997 . -- • .. .. • ) ,, .. _ I • 0 ") • I • • - - KXIIIUIT •e• ) • • I • 0 • • • ORDINANCE NO ._ SERIES OF 2000 ... • • - BY AUTHORITY A BILL FOR J()!VI COUNCIL BILL NO . 64 INTRODUCED BY COUNCIL \1:EwffiER~~~~~~~ AN ORDINANCE A.'l\llENDING TITLE 16 , CHAPTER I , SECTION 8: OF THE ENGLEWOOD MUNICIPAL CODE OF 1985 PERTAINl'.'-!G TO ADOPTION OF THE OFFICIAL ZONING '.\1AP FOR THE CITY OF E)JGLEWOOD, COLORADO. WHEREAS , the officia l Zoning Map ha s been set by ordi nance at two hundred feet equal to one inch (200'=1 ") a nd a true copy was r eq uire d o be displayed m the City Council Chambers in City Hall at 3400 South Elau Street: a nd WHEREAS, there a re practical problems with meetm g t hose reqwrements in the Council Chambe r s : and WHEREAS , the prop o e d ame ndment requires di s laying a r ep resentative co py of the Zomng Map tn the Council Chambers: and WHEREAS . a new upd ated Comprehensive Zoning \lap has bee n prepared a nd is on display in the Co uncil C hambers : and WHEREAS . the new map. produced at a scale of on e inch equals three hundred fe et (l " -300') is as large as the n ew space permits: NOW , THEREFORE . BE IT ORDAlt,.TED BY THE CITY C OUNCIL OF THE CITY OF ENGLEWOOD . COLORADO. AS FOLLOWS : Section 1. Tnle 16 , Chapter 1. Secuon -ADOPTlO:,.i OF OFFICIAL ZONI 1G MAP , Englewood \htmc,pal Co de 1985 , 1 hereby am e nd e d as foll ows : 16-1-8: ADOPTION OF OFFICIAL ZONING MAP : The wne designations and the boundaries of the zone districts s hall be s hown up on maps attached hereto and m ade a part hereof, and collectively s hall constitute the Official Zorung Map of the City of Englewood . Said :\olap and all of the notations , references a nd other mformation shown the reon are as much a part of this Ordinance as ,f the matters and information set forth by said Map were fully described herein. For clarification to and the convenience of the public, a -representative copy of s aid Map and the amendments thereto. shall be on display in the Plaftfting Offiee Cou n cil Chambers of the City of Englewood at a seale i,et smRller than tu. e httnlH e!i feet te ene ineh (299' -I "). ~ true copv of said Map a nd t he amendments thereto, s hall be maintained by the Citv Clerk . 16-1-9: AMENDMENTS TO OFFICIAL MAP TO BE DOCUMENTED: All amendments to the Official Zoning Map shall be listed in the order adopted in a separate register maintaine d in , and kept current by the Planning Department Qty -I - I • 0 • • ... • • • COUNCIL COMMUNICATION DATE : AGENDA ITEM SUBJECT: Official Zoning Map July 17 , 2000 10 a vi INITIATED BY : Community Development STAFF SOURCE : Mark Graham , Senior Planner PREVIOUS COUNCIL ACTION: None REQUEST: Staff requests that Council adopt an Ordinance amending the Englewood Municipal Code , 16- 1-8, "Adoption of the Official Zoning Map ," and 16·1-9, "Amendments to Official Map to be Documented ." BACKGROUND: A Zoning Map at two hundred feet equal to one inch (200'= 1 ") was displayed in the City Council Chambers in City Hall at 3400 South Elati Street as required by the Municipal Code in 16-1-8. There are practical problems with meeting that requirement in the Council Chambers and Community Development Department offices in the new Civic Center at 1000 Englewood Parkway. The proposed amendment requires displaying a representative Zoning Map at an appropriate scale and level of detail in the Council Chambers and in the Community Development Department. The new map was produced at three hundred feet equal to one inch scale (300'=1") The proposed ordinance eliminates the specific scale requirement. The scale for the new map was determined by the space available to display the map. The new map overlays recent aerial photography with zoning and land use information at a far greater level of detail than the previous Council Chamber map . It is staff's intent to keep a current map in Council Chambers . There are technical and practical difficulties with keeping all historic zoning changes on the Council Chamber map as required by 16-1-9. The proposed amendment specifies that the "Official Zoning Map" shall be the map on file with the City Clerk. That map is approximately three foot by four foot black and white map which is less expensive to update and reproduce . These maps are available to review or purchase in the Community Development Department. FINANCIAL IMPACT: The costs of preparing the updated maps were shared between the Community Development Department and the Englewood Environmental Foundation. UST OF ATTACHMENTS: Ordinance 0 G \EVEAYONE'tA.eq'I Ann\AGENOA\July 17\CC C:>unc:11 Zoning Mao Scale ooc I • J- l e r • • • • -.. C)uk; and in addition, such amendments shall be shown on the true copy maintained !u'. ... theJ,lape in the C1n1neil Chaml,era anel Planmnr; Dept1rtment City Clerk. $ection 2 Safety Clauses The City Council hereby finds , determines. and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, s afety, and welfare of the public, and that this Ordinance is necesaary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3 $eyerabjljty If any clause, sentence. pa1·agraph, or part of this Ordinance or the application thereof to any person or ci rcumstances shall for any reason be adjudged by a co urt 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. $ection 4 Inconsjstent Ordjn1osc1 All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 Effect of repeal or modjficntion The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal. which shall have been incurred under such provision, and each provision shall be treated and held 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 ofsuataining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. $ection 6 ~ The Penalty Provision ofE .M .C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced. read in full . and pasaed on first readin g on the 17th day of July, 2000. -2- ) I • 0 32X • • • • .. • - Published as a Bill for an Ordinance on the 21st day of July, 2000. Th omas J . Bums. Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby ce rtify 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 17th day of July, 2000. Loucrishia A. Ellis -3 - >' I • 0 - • • • ,. .. ...... . . ' • - ..., M OIJli ".lS 11V13 1----c 0 I I; r.· :::i .~· ~- MOIIII ".lSNV.LAIW I lj I 11 I I I I I· j I ii · :J 3 .,,. OOOl "J.S NOf'3J. / 1-i,!..' .....:..· _:,..I ....,... .... 1~-----::~·· 11 I; I 11 ii 11 : • f ..... I I ~ ·-,.~· 1,1 I LI _ L ~ '1 11d I' i, 11 i,· ji I ' ·, 11 i I it:-: I 1 . : ' M OUN! 'J.S INr1Z -. Ill Ill Ill Ill Ill If) ., If) If) If) ., Ill Ill 8 ii a I I I I I I I I I ! ;. ;. N ~ '-!!!. 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PDll814 11 -Mu,pbyffoof PD8311 12 -Pm de Medico PD7611 13 -Colondo Medical~ PD940I 14 -Biplow Copeland PD7727 15 -Marion S-Villa PD8226 16-a-..ooda PD8525 17 • Public Slalafe PD8621 18 -Spaar'a 1..andins PDl303 1si-w-Ma.pnmt P09201 20 -Soulh &mmtlm Pmb md Reaealion PD9308 21 -Camden Pllce PD8501 22 -300 W. Belleview Aw. PD8534 23 -Soulh Slope Condommiuma PDI020 24 -The Broadway Amendment PD8431 ... '"' "' II! i a: ~ ~ 3: 0 .. . 3: 3: 3: 3: 3: 3: 3: 3: ~ ~ ~ ~ ~ 8 ~ § ... '"' tii ... '"' ... ... ... ... "' "' "' "' "' "' "' ~ ~ 8 >< ;:: i ! ; 0 s ~ < u.. ::::; ::, ... w :r ~ C) Planned Unit Development Ke~ PUD-1 -Brookrldge Shopping CentE Case #PUD-96-01 (original Case #PUD-97-01 (amendr PUD-2 -Englewood Meridian Case #PUD-96-02 PUD-3 -Englewood Town Center Case #PUD-98-02 0 • • I: !I: ; !:I fii '"' rn I ~ ! ffi ~ :c (J UD) fflt) -. !I: I: i i Iii Iii i ~ I 8 w ~ i I :;; i i ... w ~ ti I w w !:I ~ :;; ... "' ... I I ... R-1-A R-1-B R-1-C R-2 R-2-C R-3 R-4 B-1 B-2 1-1 1-2 • • - w w w w I § ~ ~ Iii ti ti Ii; I I I I i !I: Zoning Legend: Single-Family Residence District Single-Family Residence District Single-Family Residence District Medium Density Residence District Medium Density Residence District High Density Residence District Residential/Professional District Business District Business District Light Industrial District General Industrial District • 0 Building Division: 303-762-2357 24 Hour Inspection Request Line: 303-762-2403 N I\ 1000 0 1000 1" = 700' Symbol Legend: Parks 2000 Feet r-1 PO's A ;' ,. \ : Bike Paths l ,,, ' ........J Nolaon~: E-. number1 .. on the IIOUlh and Nat aldn of streets . Odd numbers .. on the IIOllh and wwt tliclee of lllreela . 0 • • -• ORDINANCE NO. SERIES OF 2000 · .. • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO . 61 INTRODUCED BY CO IL MEMBER ~~~~~~~ AN ORDINANCE AMENDING THE CITY OF ENGLEWOOD COMPREHENSIVE PLAN TO INCLUDE A REGIONAL PLAN ELEMENT. WHEREAS, the Englewood City Council passed the City of Engle wood Comprehensive Plan in 19i9; and WHEREAS, the Englewood Comprehensive Plan prov ides policies guiding actions affecting the City's physical development; and WHEREAS, in March of 199i, the Board of Directors of the Denver Regional Council of Governments (DRCOG) approved a strategic growth plan for the six-county metro-area entitled Metro Vision 2020; and WHEREAS, the City Council of the City of Englewood . Colorado passed a Resolution No . 48, Series of 1999, supporting the Denv er Regional Council of Government (DRCOG) metro Vision 2020 Plan; and WHEREAS, the proposed amendment adds goal a nd obiectives for fiv e of the six Metro Vision 2020 ''Cor e Eleme nts" to Englewood' Comprehensive Plan: and WHEREAS, the sixth Core Element, "Free -Standing Co mmunities'' was not endorsed by Englewood's Planning and Zoning Comm1 ss1on because that element pertains mainly to outlying communities s uch as Castle Rock , Brighton and Longmont; and WHEREAS, the passage of this proposed Ordinance would amend the Engle wood Comprehensive Plan to provide a regional context for the a nticipated upda ting of the Plan. WHEREAS, the Englewood Planning and Zoning Co mmission held a public hearing on May 16, 2000; and WHEREAS, The Englewood Planning and Zoning Com mission of the City of Englewood has approved and recommended that the 19 79 Comprehensive Plan, Forward Section, should be amended to reflect the s upport of the Metro Vi sion 2020 Plan; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD, COLORADO . AS FOLLOWS: Section l. The City Council of the City of Englewood. Colorado hereby approves and adopts the following as an amendme nt to "The 19 79 Comprehe nsive Plan (Master Plan)." -1- • • I ... . . I • 0 • • • • , ...... • -' The 1979 Comprehensive Plan, the Forward Section, be amended by adding thereto the following statement to number 8 , to the "Goals": 8. Support the regional strategic growth plan for the six-county Denver metro area, Metro Vision 2020, including the Urban Growth Boundary,~ eneemagee infill dewelepmeftt an.8 elieesmages tu9sr.i2etien hesenel a designated 799 sitttare mile · Open Spaar Balanced Mu)timodal Transportation System; Urban Centers· and Environmental Quality . Introduced, read in full, and passed on first reading on the 17th day of July, 2000. Published as a Bill for an Ordinance on the 21st day of July, 2000. Thomas J. Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I, Loucriahia 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 17th day of July, 2000. Loucrishia A. Ellis -2- ... 'I 0 I • 0 • • • DATE: July 17, 2000 ,,.-. • • - COUNCIL COMMUNICATION AGENDA ITEM 10 a vii SUBJECT: Regional Plan Amendment to Comprehensive Plan INmATED BY: Community Development STAFF SOURCE: Mark Graham , Senior Planner PREVIOUS COUNCIL ACTION: City Council approved Englewood's Comprehensive Plan December 1979. The Council amended the Plan to include the regional Urban Growth Boundary , by Resolution in Apri l 1999 and then by Ordinance in October 1999. Council has amended the Comprehensive Plan at least five times over twenty years . In related Council action, Council approved the Metro Mayors Caucus "Mile High Compacr on June 26, 2000. The Compact endorses the Reg iona l Plan, MetroVision 2020, and commits Englewood to updating and standardizing our Comprehensive Plan by including particular elements . REQUEST: Staff requests City Council approve on first reading an Ordinance amending Englewood 's Comprehensive Plan to include a Regional Plan element. Staff also requests that Council schedule a public hearing on August 21, 2000 to take public comment on the amendment recommended by Englewood's Planning and Zoning Commission . BACKGROUND: MetroVision 2020 was approved by the Board of Directors of DRCOG (Denver Regional Council of Governments) in March of 1997. MetroVision 2020 sets the direction for regional planning to preserve and improve the quality of life along Colorado's urbanized front range corridor. MetroVision 2020 documents a twenty year vision for where new development should occur. sets goals for Open Space acquistion, guides transportation investments and expresses goals and objectives on environmental issues like clean air and water. Supplementary plans on many of the topics have provided research and implementation strategies . Englewood 's 1979 Comprehensive Plan notes a few issues of regional concern , namely transportation and air pollution . A 1999 Englewood Comprehensive Plan amendment added another important regional issue : "Extent of Urbanization." The current amendment adds a comprehensive Regional Plan developed cooperatively by local governments with the assistance of the Denver Regional Council of Governments . The proposed amendment adds five of the six MetroVision 2020 "Core Elements" to Englewood's Comprehensive Plan . The "Free-Standing Communities" Core Element was not endorsed by Englewood's Planning and Zoning Commission. That element pertains mainly to the communities of Castle Rock, Brighton and Longmont. The five elements that are endorsed for Englewood include: 1. Extent of urban development (previously approved) 2 . Open space 3. Balanced multimodal transportation system 4. Urban centers 5. Environmental quality G \EVERVONE\i.etgn Ann\AGENO A\July 17\CC R.gional Plan Comp Pin Amctn1 ooc • :, I • 0 I - • • • 1 . ;•' .. • - 2 Englewood's Planning and Zoning Commission has held study sessions on MetroVision 2020 beginning on October 5, 1999. The Public Hearing on MetroVision 2020 was held May 16, 2000. The Planning and Zoning Commission voted unanimously to recommend that Council approve an Ordinance adopting the Regional Plan as an element of Englewood's Comprehensive Plan. No public attended either the study sessions or the public hearing. The Findings of Fact from the Public Hearing were approved June 27, 2000. FINANCIAL IMPACT: The proposed Regional Plan element does not contain specific projects. UST OF ATTACHMENTS: Ordinance Planning and Zoning Commission Findings of Fact Regional Plan element G.IEVERYONE\l.e,gh Ann\AGENOA\July 17\CC Regional Plan Conl) Pin Amdmt.doc . . ..: .. ~ • 1 • - I • 0 - • • • ORDINANCE NO ._ SERIES OF 2000 • • • BY AUTHORITY A BILL FOR .. COUNCIL BILL NO . 62 INTRODUCED BY COUNCIL MEMBER ~~~~~~- AN ORDINANCE AUTHORIZING THE PURCHASE OF ARAPAHOE RENTAL PROPERTY BY THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council of the City of Englewood authorized a transfer and appropriation of funds for the purchase of the Arapahoe Rental property by the passage of Resolution No . 41 , Series of 2000; and WHEREAS, the owners of the Arapahoe Rental prope rty wish to sell the property to the City: and WHEREAS, the 1979 City of Englewood's Comprehe n sive Plan identified the Arapahoe Rental property as a key parcel for park acquisitions; and WHEREAS, the passage of Ordinance No. 60, Series 1995 authorized the City purchase of the adjacent Home Lumber property; and WHEREAS. by the passage ofthis proposed Ordinance the Englewood City Council will authonze the purchase of the Arapahoe Rental property and the Englewood Department of Parks and Recreation will be able to purs u e the future development of an aquatic facility at this location; :-IOW , THEREFORE. BE IT ORDAINED BY THE C ITY O NClL OF THE CITY OF ENGLEWOOD. COLORADO . AS FOLLOWS: $ectjon 1. The City Council of the City of Englewood , olorado hereby authorizes the purchase of the Arapahoe Rental property under the '·Contract To Buy And Sell Real Estate" with the "Addendum To Commercial Contract To Buy And Sell Real Estate" which is attached hereto as "Exhibit A." Section 2. The Mayor and the City Clerk are authonzed hereby authorized to sign and attest the "Contract To Buy And Sell Real Estate" with the "Addendum To Commercial Contract To Buy And Sell Real Estate" for the purchase of Arapahoe Rental property on behalf of the City of Englewood , Color a do . Introduced, read in full , and passed on first reading on the 17th day of July, 2000. -I - .. • t ... ... ) I • 0 • • • .. • -' Published as a Bill for an Ordinance on the 21st d ay of July, 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood . 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Doa"IIIIJ,wt,....., ______ ~ ....,._.a••·•••111ta1..11nz•t••.i;c;r·•um11.111•1... ____________ _ ....,r.....,_...,, ________ _ ~ ...... _________ _ IIIIOTI: ·--·---•..,..._•-••-... •111'1 ,,,.,,,., MWll' --, . .,_ ....... ________ _ Ulla,r(_,__ _______ _ --·--------------------------~r ...... ,.. ________ _ -.,.ii. _________ _ za cqggg, penn-n. .... , I ~ll .,._, ---.,-~_....., _____ _ -· -WCOlffllM:T "-a...---.......... _?llla.._ ..... . .,._ .... • I A I • 0 • • • • • .. • • <IDD£.'IIDlM TO cQMMPCw. com+cr ro m::x &.NP SJLL u.y. r,sn:rt 'l1IIS ADDl.l'IDt.~ is lllllCbcd lO Uld made ;,an of thal CenaaD C .--rel.II Conma to a.y ad S.U llal .-,·c,,m:a.·n. -JIily , ~000 . by ad i.w... 1be Ciry of 8qMwaod. o, :a uaic-a. u 'lu!er' md ~ J. ac,,,ey , u ·Sell«.· I.D Ille :Yell of ay c:mtlict .-the -111d l)IUY•SIOU nf rllis ~ aDCI rJi& terms -1 ;m,v..- al !Ila pri..i pDftlOII af !lie Cantna. tllc ierms allCI prov,-, oi !1111 ~ sllall -1. T1le Concnc1 MIii 111c -'dd9"Cluffl ue rere!T'ea :o nere-.n ,onecm e:v u. :lie · .\sreffllllll' 2. 3. 4Ua: Sl!UEl AND Bt."YU AGJUiE THAT BlJ"YD. SRALI. ACCEPT T1U! PIOPDTY ON l1IJi CLOSJNG DATIi ·A.SIS. '1IDli IS . 'ffl1I "'1J. FAt."t.n· Wffll !'fO IIGB'r OP SEr-OPF Oil REDUC':'10N IN 1115 ~E PmCE. ""° 1BAT suer SAU IS WffllOUT ll!l'll!SINT A nol'I Oil w Al1lANTY OP ANY DID. EXPIIESS OlllMPUBD. INCLt.~G. WffllOl;T UM?TATION. WADJtNTY OF INCOMB. POTDm.'1.. OPDATtNO IXPENSES. USES . liOlaCHAl'rrABllJTY. oa Rnll!SS FOR A PAJt'nCt.'LUl P","UOSE. ,'-'ID Sl!LUlll DOU IIDBY DISCLUM AND IU!NO\J"Na A.'lY St:CB Onnill unl!SDn'ATION OR WAJtllAN'TY . !XCEPT A.S O'TBEllwtSE sncIFI· CALLY SET FOR111 IN THIS CONnACT ua IN .u,Y WAJUlANTY OF 111".i..2 GIVEl'f IN A Dl!liD BY SEU.Ell TO Bl"'YD. ilt.'YEl SPl!C11CAU.Y COV'E· NAl'tt'S A."'ID AGltJ!l!S 'THAT'lt.i'Ell lS A.SSt."MING AU. OWGATIONS .vl'D UABl1JnJ!S OF ANY ICINI) Oil NATh"RE V.1IATSOliVl!ll;::.; A.'IY WAY 111!1.A Tll'IG TO T1l1! PROPEKTY WHICH ARISE THEJU!FllOM l'll0:-.1 ANt) AFl'1iJI. CLOWJG. BUT SOT lll!l'Oll. EXCEPT AS SET FORTII .-\BOVE. BUY1!1l SPICIJIICALLY ACXNOWUiDGJ.S TBAT IUYD !S SOT !U!LYI!'lG 01'1 N."N REPRESENI'ATIONS OR ?/UJtA.'mES OF ANY mlD '1iBATS0- 5Vl!ll EXPRESS oa IMPLIED. PROM SEL:Jilt OR SEI.1S'S AGe;r5 "5 70 ANY MATT!a CONCER."flNG nm PROPl!llTY. INCLl'DING wrraot."T UMITATION. TIU! CONDmON Oil SAl'ETY Of~ lll!AL PllOPEllTY. INCLUDING. BUT !'!OT LJMrTE:) TO. SOIU AND GEOLOGY . I.OT SIZE. UR surrABnJTY 01' 11m UAL PllOPl!aTY POil A PAR"nCt."LAA PURPOSE. BUY1!ll Fl."RTRD ACC.OWUiDGES AND AGaEE.s SELUll SIIA1J. BE UNDER NO DUTY TO MAG .~'l(Y AFP!I.\L\TIVE DISC'.OSl"RE REGARDING ANY '.\CA TTEJt WDICf :MAY BE CIOWS TO SEJ..Ell EXaPT AS EXJ'ttESSL Y I SliT FOanl rs THIS co~cr A.'ID ':'BAT B\J'YD !S 11.E. YING sour. y UPON m OWN INSPl!CllON OP THE PllOPERn' 4ND NOT UPON .... '('( llftESENTAflONS ~ADE TO IT BY sa.u:a OR BY SEL;.S'S AGli!'ffS soa ANY OTRD Pl!aSON WllOMSOEVEll AFFllJATE) W1TH .\NY OF TlUi A80Vli ~ CONNtiC'nON wrra Bt."YEl' s .\CQt.lSmON OF nm PROPOTY. ANY UPORTS. IU!P.-.ntS. OR WORJC REQUIRED BY Bt.'Ytll All TO BE :1IE SOU 11.sPONSDlllJTY OP BUYEll AND Bt.'YD AGUES 'THAT 1llERE ts AND SHALL Bl NO OBUGATIOS ON iBE P4JtT OF SEL.l.B ':'O !lolAJa! A.VY CHANGES. ALTEllATIUNS, oa IU!PADl TO lJfE PROPBn'. 3t."Yl:Jl AC · ICSOWLiDGliS TIIAT Bt."'YD'S ltEPR.ES£11TATIONS AND OBCGATIONS HDEt,"NDEJl SHALL lU:M.UN IN ~JU. FORCli! A.'ro l!FF!:CT St:BSE.Qt:err TO CLOSING . BUYEa ACXNOWU!DGES :"HAT IT HJ\S COMl'Ll?TED ITS Dl."E DIIJGENCE WITH RESPECT TO THE PROPERn' TO m SATISFACTION Jrlr:rniflancr: Buyer . for !kl~ wt Buyer' 1 JUCc:saon in llftel'eSI. ~leues Scl?cr fflllll . Uld .,uv• all clmlns and liability •bic:il Bayer may have ~ uy of lllCh s--for. uy uruaurat or pbyacal coaciiDo,, of IINI Propefll' . llld fwtller ~- IUCII pomons from. ;md except u • !onl'I below . ..,aives all lilbiliry ap,Ml NCD pmuas aanbullolc 10. Ille IUIICNqj UICI pllySlQI .:.oadiaon of the P!'c!lffly Clmiu: TIie Closinc 0-lllall ba iea (10) <t6ys f0Uo•1111 the dua of approval oi mis A..-by die Ciry C.iunal of lba Ciry of Ellglcwood . -· ,.. ... , __ - • ) I • 0 • • • • -... • • .. '· fllaalia: Nora· k .... ..,-11111111 -.y--. Sllllr all-. ill ~ alllllt Pl'lllllnJ ..... Cloiias 0.. ill~ Wil -al & laa 1111 ------llw,a, ... Sellar lllllallllally ia Illa faia _... --.. llllillU. s. !a Ye pf( 1 . ,. n. ....... t1a dlia Aarw ... .,. ._. --,· • --ia • -al.,. ...... """""' ..... ..,... pc,w al :a f . ?Ila,._ Im lldp Ilia 1119 au,.,-prwiau11y amilail Sllllr af..,.., ..... IO aaa.11a,_.afCO:WEPllllllia L 6. '!fr 0 L 'lwiaot•-ott1a~ ••-arcaapldod....,. 111 a....,, s.., • _. ._., alllllt s.. alC.O..., ma-. ot ,... ....... _., .... ia ... s-.,. s-., ........ .... b. 'llllllllla .... _ _.. ...... IDllla lldlO.,., ... ad -. tsar •-, 118 IWll!ly-, 10 caa, • • povvilila"' c. .. ,,..,.,, ----lilwol•SlllaotC:....,.. d. Slllr .. ..,. .. (I) ....... ....,..., ----it'--dalll,..-, .._ or fllllllr ia '--widl dla IIWiDa bad .., ... "•--.. ~=-~~~~~~ Nam:-------Tltlc: _______ _ -· .... . .,, __ ... ' .. ) I • 0 xi • • -. • ... .. • -' COUNCIL COMMUNICATION Date July 17, 2000 Agenda Item 10 a viii Subject: Purchase of Arapahoe Rental Property INmATEDBY: STAFF SOURCE: Department of Parks and Recreation Jerrell Black, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution #41. Series 2000 -transfer of $590,000.00 from the General Fund to the Capital Projects Fund specifically for the purchase of the Arapahoe Rental property . City Council has made the availability and improvement of recreation facilities in Englewood a priority. Previously, City Council has purchased or in the process of purchasing these properties to further enhance parks and recreation amenities . Home Lumber Property-purchased in 1995 (Ordinance #60 , Series 1995) for the development of an aquatic facility Zigan Property -The City has assumed ownership of the property for the development of Centennial Park Master Plan Public Service Property along Union Avenue -acquired for the development of the Centennial Park Master Plan RECOMMENDED ACTION Staff recommends Council adopt a bill for an ordinance for the purchase of Arapahoe Rental property . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 1979 City of Englewood's Comprehensive Plan identified the Arapahoe Rental property as a key parcel for park acquisitions. The City of Englewood purchased the Home Lumber property (Ordinance #60, Series 1995) in 1995. As part of the Master Plan and with the purchase of the Arapahoe Rental property, the Department of Parks and Recreation is able to pursue the future development of an aquatic facility at this location. Contract has been made between the City of Englewood, who agrees to buy.and Donald J. Bowey who agrees to sell, on the terms and conditions set forth in the contract. I· 0 - • • ORDINANCE NO ._ SERIES OF 2000 : .. ,. • • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO . 63 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AUTHORIZING A BUSINESS LEASE WITH DONALD BOWEY FOR USE OF THE ARAPAHOE RENTAL PROPERTY . WHEREAS, the Englewood City Council authorized the purchase of the Arapahoe Rental property by passage of C.B. 63, Series of 2000; and WHEREAS. the approval ofthis Ordinance will permit Arapahoe Rental to remarn on the Arapahoe Rental premises to continue their current business operations while the City continues to plan for future development for this site; NOW, THEREFORE, BE IT 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 authorizes the Business Lease for Arapahoe Rental to continue their use of the Arapahoe Rental Property while future development plans for this site continue . A copy of the "Business Lease" with the "Addendum To Business Lease" is marked as "Exhibit A" and attached hereto. Section 2. The Mayor is hereby authorized to sign and attest said Lease on behalf of the City of Englewood . Introduced, read in full , and passed on first reading on the 17th day of July, 2000 . Published as a Bill for an Ordinance on the 21st day of July, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -1- ) I • 0 3 - • • ,, • - 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 paued on first reading on the 17th day of July, 2000. Loucrisbia A. Ellis -2- • I • e • • • • • - BUSINESS LEASE This lease, dated is between the CITY OF ENGLEWOOD. 3400 South Elati Street. Englewood. Colorado 80110, as Landlord and DONALD J. BOWEY. as Tenant. In consideration of the sale of the subject property to the City and the performance of the covenants and agreements by the Tenant set forth herein. the Landlord does hereby lease to the Tenant the following described premises situate in Arapahoe County, in the State of Colorado; the address of which is 1155 West Belleview Avenue. Englewood. Colorado 80110, more fully described as follows : SOUTH 220.56 Feet of East 50 Foot Lot 3 and South 220.56 Feet of Lot 4 Block l MA VDON Sub Arapahoe County Colorado. Said parcel contains 28 ,231.68 Square Feet (0 .6-181 Acres) more or less. also known as: 1155 West Belleview Avenue Englewood. Colorado 80110 Said premises. with all the appurtenances. are leased to the Tenant from the date of _ _________ to _______ _ The tenant may with approval of the Landlord extend tlus lease for Three <3) One (l) year penods. :'.llotice of extension shall be given in writing before the termination of tlus lease. THE TENANT, IN CONSIDERATION OF THE LEASl:-SG OF THE PREMISES AGREES AS FOLLOWS : l. To keep the improvements upon the premises including, drainage . storm sewer, fences, sewer connections. plumbing, wiring and glass m good repair. all at Tenant's expense, and at the expiration of this lease to surrender the premises m as good a condition as when the Tenant entered the premises. loss by fire . inevitable a ccident. and ordinary wear excepted. To keep all sidewalks on and around the premises free and clear of ice and snow , and to keep the entire premises free from all litter, dirt, debns and obstructions: to keep the premises ma clean and sarutary condition as required by the ordinances of the city and county i n which the property is situated with no storage of derelict or junk vehicles. 2. To sublet no pa rt of the premises. and not to assign the lease or any interest t herein without the written consent of the Landlord. 3 . To use the premises only in connection with the current commercial use and to use the premises for no purposes prohibited by the laws of the United States or the State of Colorado . or of the ordinances of the city or town in which said premises are located, and for no improper or questionable purposes whatsoever. and to neither permit nor suffer any disorderly conduct, noise or nuisance having a tendency to annoy or disturb any persons occupying adjacent premises. 4. To neither hold nor attempt to hold the Landlord liable for any injury or damage. either proximate or remote. occurring through or ca used by the repairs, alterations, injury or accident to the premises. or adjacent premises, or other parts of the above premises not herein demised. or by reason of the negligence or default of the owners • I! )( .. I • I T A I • 0 • • • • ,. ·,, • - or occupants thereof or any other person. nor to hold the Landlord liable for any injury or damage occasioned by defective electnc wiring. storm water. nor said premises to be used for any purpose wluch would render the insurance thereon void or the insurance risk more hazardous. nor make any alterat10ns in or changes in. upon. or about the premises without obtalIWlg the written consent of the Landlord therefor. 5. To allow the Landlord to enter upon the premises at any reasonable hour. IT IS EXPRESSLY UNDERSTOOD AND AGREED BETWEE~ LANDLORD Al\ffi TENANT AS FOLLOWS : 6 . No assent. express or implied. to any breach of uny one or more of the agreements hereof shall be deemed or taken to be a waiver of any s ucceeding or other breach. 7. If, after the expiration of tlus lease . the Tenant shall remam in possession of the premises and co ntinue to pay rent without a written agreement as to s uch possession, then s uch te nancy shall be regarded as a month-to-month tenancy. a t a monthly rental. payable m advance . equivalent co t he last month's rent paid under this lease, and subiect to all the terms and conditions of tlus lease . 8 . If the premises are left vacant then the Landlord may retake possession of the s a1d premises. There s hall be no penalty if the tenant "acates the premises pnor t o t h e expiration of the lease term . 9. The Landlord acknowledges receipt of a deposit in the amount of $-0-. 10. At the Landlord's option, it shall be deemed a breach of this lease if the Tenant defaults (a) any other monetary obligation herem ; or (b) m the performance of any other term or condition of this lease . 11. In the event that the La ndlord elects to declare br each of this lease . the Landlord shall have the nght to give the Tenant three (3) days written notice reqwrmg compliance with terms or prov1S1ons of the lease. or delivery of the possession of the premises . In the event any default remains unco rrec ted after three (3) days written notice. the Landlord. at Landlord's option. may decla r e the term ended . reposs ess the premises. expel the Tenant and those claiming t hrough or under the Tenant and remove the effects of the Tenant. all without being dee med gutlty in trespass or of a forcible entry and detainer and without prejudice to a ny other remedies to which the Landlord may be entitled. If at any time this lease 1s terminated under this paragraph. the Te nant agrees to peacefully surrender the premises to the Landlord immediately upon termination, and if the Tenant remams m possession of the premises. the Tenant s hall be deemed guilty of u nlawful detention of the premises . The Landlord shall be entitled to recover from the Te nant all damages by reason of the Tenant's default. including but not limited to the cost to recover and repossess the premises, the expenses of reletting. necessary renovation and alteration expenses . comm1ss1ons and the rent for the balance of the term of this lease . In the event of any dispute arising under the terms of this lease and in the event the matter is turned over to an attorney, the party prevailing in such dispute shall be entitled. m addition to other damages or costs . to receive reasonable attorneys' fees from the other party. -2 - • I • 0 J- • • • • • - 12 . In the event of a condemnation or other taking by any governmental agency, all proceeds shall be paid to the Landlord hereunder. the Tenant waiving all right to any such payments. , . 13 . Tenant shall insure the premises for public liability and property damage in the sum of One Million Dollars with the City of Englewood as an additional insured. SHOULD ANY PROVISION of thia lease violate any federal, state or local law or ordinance, that provision shall be deemed amended to so comply with such law or ordinance, and shall be construed in a manner so as to comply . Thia lease shall be binding on the parties, their personal representatives, successors and assigns. When used herein, the singular shall include the plural. and the use of any gender shall apply to both genders. ADDITIONAL PROVISIONS LANDLORD CITY OF ENGLEWOOD THOMAS J . BURNS, MAYOR STATE OF COLORADO COUNTY OF ___ _ ) )BB . ) TENANT By : __________ _ DONALD J. BOWEY. OWNER The foregoing instrument was acknowledged before me this __ day of ------~ 2000 by Donald J . Bowey . IN WITNESS WHEREOF. I have hereunto set my hand and affixed my official seal the day and year tint above written . My commiaaion exptres: --------NOTARY PUBLIC -3- • 0 I • 0 • • • • . ,. • - .... ADDENDUM TO BUSINESS LEASE This Addendum to Business Lease (this "Addendum ") is attached to and made pa1t of t hat certain Business Le:ise (the "Initial Lease"), dated . by and between the City of Englewood ("Landlord") and Donald J. Bowey ("Tenant"). ln the event of any conflict betWeen the tenns of the Initial Lease and this Addendum, the terms of this Addendum shall control. The Initial Lease and this Addendum are hereinafter referred to together as the ''Lease". I . lndcmnitv. Paragraph 4 of the Initial Lease is hereby deleted and replaced with the following : ''Except to the extent caused by the negligence or willful misconduct of Landlord . its agents, representatives, employees. contractors or affiliates (collecti vely. "Affiliates "). Tenant shall hold Landlord harmless for any injury or damage, either proximate or remote. occurring through or caused by repairs or illterations to the P~emises. defective wuing on the Premises. injury or accident occurring on the Premi~es . inj uries or acci dent originating from an ac t or omission on the adjacent premises, injury or acc ident caused by some party o t h~r t han Landlord or its Affiliates or damage or injury caused by storm water ." 2 . Damage by Fjre or Other Casualty In the event o f an y damage to the Premises. Tenant sha ll have no obligation to repair or replace :he Premises except to the extent the cost of such repair or replacement of the Premises is co vered by in surance or is required to be covered by insurance under this Lease. J . ~. Tenant shall not be deemed to be in default under th.is Lease except upon (i ) t he expiration of thirty (30) days ifter receipt of written notice (five (5) days in the event o f failure to pay money owed hereunder) from L.indlord specifying the failure of Tenant t o perform its obligations under this Lease and (ii ) the failure of Tenant, prior to the expiration of said thirty (30) day peri od (or five (S) days. aupplicable), to rectify the failure to perform specified in the notice: provided. however, that if such failure ( except the failure to pay money owed) cannot be rectified within said th irty (30) dily period and Tenant is using good faith and best efforts to rectify the specified failure to perform. Tenant shill not be deemed in default . 4 . Landlord's Entry Upon Premi~e~. Except in the event o f an emergency . Landlord shall provide Tenant w ith at least 4 8 hours notice prior to enteri ng upon the Premises. and shall use reasonable efforts to enter the Premi ses at times that wi ll not disrupt Tenant's busi ness being operated upon the Premises S. Repossessjon of Premjs;s . In the event Tenam vacates the P rem ises for a period of no les5 than six ty (60) consecutive days, Landlord may retake possession of the Premise s 6 . Tenant's Ogtjon to Extend . Tenant shall have the right to extend the term of this Lease for one ( l ) additional one (I) year period by delivering wrinen notice to Landlord at least thirty (30) day s prior to the expiration of the current term and provi ded Landlord mutuaU y con sems • ... I • 0 • • • 7 8. 9 . JO . • • • to the renewal within such time period unless the parties otherwise mutually agree .. Rent and all other terms under this Lease shall remain the same during such extension term . Tenant's Rjp:ht to Terminate. Tenant shall have the right to terminate this Lease at any time upon at least thirty (JO) days prior written notice to Landlord . Quiet Enjovment. Subject to the terms of this Lease. Tenant shall have the right to lawfull y. peaceably ilnd quietly have, hold. occupy and enjoy the Premises during the term hereof without hindrance or ejection by any persons lawfully claiming under Landlord ~. Tenant shall have no obligation to make structural repairs to the Premises. e)(cept to the extent damage to the strucrure of the Premises is caused by Tenant. MjgeUaneous. a. All notices given pursuant to this tease shall be in writing and shall be given by telefacsimile, personal service. United States Mail or express mail . postage or delivery charge prepaid. rerum receipt requested, addressed to the appropriate pany !t the &ddress or telefacsimile number ser forth below . Landlord : Tenant: The City of Englewood 3400 South Elati Street Englewood. Colorado BO I 10 Attn: Jerrell Black Fax: Mr. Donald J. Bowey 1155 West BeUeview Avenue Englewood. Colorado 801 IO Fax: b This Lease shall be governed by the laws of the Swe of Colorado IN WITNESS WHER.EOF, the panics hereto have caused this Addendum to be executed and delivered as of the day and year first written above . LANDLORD: TENANT · THE CITY OF ENGLEWOOD Donald J . Bowey By :-------- '4771$.I • ) I • C, • • -. ... Date July 17, 2000 • • - COUNCIL COMMUNICATION Agenda Item 10 a ix Subject: Lease of Arapahoe Rental Property INmATEDBY: STAFF SOURCE: Department of Parks and Recreation Jerrell Black, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution #41. Series 2000 -transfer of $590,000.00 from the General Fund to the Capital Projects Fund specifically for the purchase of the Arapahoe Rental property. City Council has made the availability and improvement of recreation facilities in Englewood a priority. Previously, City Council has purchased or in the process of purchasing these properties to further enhance parks and recreation amenities . Home Lumber Property-purchased in 1995 (Ordinance #60, Series 1995) for the development of an aquatic facility Zigan Property -The City has assumed ownership of the property through a possession agreement for the development of Centennial Park Master Plan Public Service Property along Union Avenue -acquired for the development of the Centennial Park Master Plan RECOMMENDED ACTION Staff recommends Council adopt a bill for an ordinance for the lease of the Arapahoe Rental property to Donald J . Bowey, former owner of the property . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The 1979 City of Englewood 's Comprehensive Plan identified the Arapahoe Rental property as a key parcel for park acquisitions . The City of Englewood purchased the Home Lumber property (Ordinance #60, Series 1995) in 1995. As part of the Master Plan and with the purchase of the Arapahoe Rental property, the Department of Parks and Recreation is able to pursue the future development of an aquatic facility at this location . The lease agreement is between the City of Englewood, as landlord, and Donald J. Bowey, as tenant, doing business as Arapahoe Rental. The City of Englewood acknowledges receipt of a I . 0 • • -. • •·,r.. •• -· .. • -' deposit in the amount of$ -0-. Per agreement, the tenant would be allowed to remain on premises to continue current business operations. The tenant may with approval of the Landlord, extend the lease for three (3) one (1) year periods while development plans for this site continue. Tenant agrees to keep the improvements, upon the premises, in good repair at Tenants cost and to keep property in clean and sanitary condition as required by City Ordinance . FINANCIAL IMPACT There is no financial impact. This lease agreement was discussed during negotiations for a final purchase price for the property. The agreement would also allow an existing business to continue to operate in the City of Englewood while future development plans for this site continue. UST OF ATIACHMENTS Ordinance Copy of Contract . . .. • I· 0 - • • • ORDINANCE NO._ SERIES OF 2000 ' . .. • • - BY AUTHORITY ' COUNCIL BILL NO. 39 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE A.\1ENDING TITLE 7, CHAPTER 68. SECTION 6: TITLE 11 , CHAPTER 3. SECTION 3(8); AND TITLE 16, CHAPTER 4, SECTIONS 10, 12, AND 19; AND CHAPTER 8. OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO PUBLIC SIDEWALK SALES. WHEREAS, Englewood Merchants are currently prohibited from conducting sidewalk s ales based on restrictions in E .M.C. Titles 7. 11 and 16: and WHEREAS, requests from merchants on how sidewalk sales might be allowed lead to City Council"s proposal authorizing two (2) citywide public sidewalk sale events per year: a nd WHEREAS, the passage of this Ordinance will continue to prohibit public sidewalk sales except when authorized by the City by annual City Council resolution : and WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on April 18, 2000 and after review recommended the forwarding to City Co uncil for approval: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjon 1. The City Co uncil of the City of Englewood , Colorado hereby authorizes amending Title 7, Ch a pter 68, Section 6, Subsection A-1. of the Englewood Municipal Code 1985 , to read as follows: 7-68-6: OBSTRUCTING HIGHWAYS AND PUBLIC PASSAGES: A. Offenses: An mdividual or corporation commits an offense if without legal privilege he/she intentionally, knowingly, or recklessly: I. Obstructs a highway, street, sidewalk, mail. railway, waterway, building entrance. eleva tor, aisle, stairway, or hallway to which the public or a s ubstantial group of the public has access or any other place used for the passage of persons, vehicles, or co nveyances, whether the obstruction arises from his/her acts alone or from his/her acts and the acts of others; er and with the exception of sales pursuant to a public sidewalk sale as defined in E M.C 16-8-1; or 2 . Disobeys a reasonable request or order to move issued by a person he/she knows to be a peace officer, a fireman, or a person with authority to control the use of the premises, to prevent obstruction of a street or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire , riot, or other hazard . • I 10 b i ) I • 0 • • • 8 . C. D . • ' . .. • -' Definition: For purposes of this Section. "obstruct" means to render impassable or to render pas age unreasonably mconvenient or hazardous. Prohibited Acts: It s hall be unlawful fo r any per son engaged in the sale of newspapers. magazines or other goods or merchandise. to make any unnecessary sound or noise, to obstruct any s idewalk or other public place. or disturb or impede others. Except sales pursuant to a public sidew a lk sale as that term is defined io E M.C 16-8-). Solicitation On Or Ne ar Street Or Highway: 1. The purpose of this subsection is to prevent dangers to persons and property, to prevent delays. and to avoid inte rference with the traffic flow . Roadways that have center medians often are designed to deal with specific traffic flow problems. Any delay or distraction may interfere with traffic planning. Sometimes persons stand near intersections and near traffic lights to contact drivers or passengers in cars that are passing or that are stopped temporarily due to traffic lights. 2. It shall be unlawful for any person to solicit employment. busi ness. contributions. or sales of any kind, or collect monies for the same, from the occupa nt of any vehicle traveling upon any street or highway when such solicitat1on or collection: a. Causes the person performing the activity to enter onto the traveled portton of a street or highway. b. Involves the person performing the activity to be located upon any median or island area which separates traffic lanes. c. The person performing the activity is located such that vehicles cannot move into a legal parking area to safely conduct the tra n saction. 3. It shall be unlawful for any person to solicit or attempt to solicit employment, business, or contributions of any kind from the occupant of any vehicle on any highway included in the State system including a n y entrance to or exit from such highway . 4. For purposes of this subsection, the traveled portion of the street or highway s hall mean that portion of the road normally used by moving motor vehicle traffic. Sectjon 2. The City Council of the City of Englewood. Co lorado hereby authorizes amending Title 11 . Ch apter 3, Section 3, Subsection B, of the Englewood Municipal Code 1985, to read as follows : • . I • 0 • • • '!., .. • - 11-3-3: OBSTRUCTIONS AND HARMFUL SUBSTANCES: A. Materials. Except as otherwise provided in this Code. it shall be unlawful for any peraon to obstruct a street, sidewalk or gutter with any debris, lumber, sand, gravel, dirt, abandoned or wrecked automobiles or other material or substance, without firat obtaining written permission from the Director. Such permit may be granted only where the obstruction is necessary for the construction, alteration or repair of the adjoining property, and such permitted obstruction shall be limited to as short a time as is reasonably possible. Each day that such an unlawful obstruction is permitted to exist shall conat1tute a separate and distinct offense. 8 . Merchandise. It shall be unlawful for any person to erect any booth or stand for the display of any merchandise for advertising on any sidewalk of the streets of the City or to place or allow to be placed any signs or display boards or any other obstructions on any of the sidewalks or streets of the City; provided. however. that nothing in this subsection shall prevent the receiving or delivering of goods. wares or merchandise, provided that no obstructions of sidewalks or streets for this purpose shall be of longer duration than is absolutely necessary for such receiving or delivery. Except sales pursuant to a public sidewalk sale as that term is defined in E .M C. 16-8-1. Section 3. The City Council of the City of Englewood. Colorado hereby authorizes amending Title 16, Chapter 4, Section 10. Subsection E , of the Englewood Municipal Code 1985, to read as follows: lM-10: B-1 BUSINESS DISTRICT: E. Prohibited Uses: 1. Adult entertainment and service establishments. 2. Manufacturing. 3 . Outdoor storage of materials. supplies and equipment on private and public property. 4 . The outdoor display, storage or sale of clothing or household appliances, furniture or other items commonly used in a home. whether on private or public property, except sales pursuant to a pub)jc sidewalk sale as that term is defined in EMC 16-8-1. 5. Warehousing of products or items not sold on the premises. 6. 7 . Sale at wholesale. Sales or service activity shall not be allowed from any temporary structure or vehicle unless a building permit application has been submitted for a permanent building or structure to replace the temporary structure . ., • . ' ) I • 0 • • -• • ... • - 8. Pawnbrokers and automobile pawnbrokers as defined by and which are required to be licensed under Title 5 of this Code. 9. Temporary employment services as defined by and wluch are required to be licensed under Title 5 of this Code. Sectjon 4 The City Council of the City of Englewood. Colorado hereby authonzes amending Title 16. Chapter 4. Section 12, Subsection F . of the Englewood Municipal Code 1985, to read as follows : l~-12: B-2 BUSINESS DISTRICT: F . Prohibited Uses: l. Manufacturing. 2. Outdoor storage of materials, supplies and equipment on pnvate and public property. 3. The outdoor display, storage or sale of househol d appliances. furniture . or other items commonly used ma home. whether on pnvate or public property. Except sales pursuant to a public sidewalk sale as that term is defined in E.M,C. 16-8-l. 4. Warehousing of products or items not sold on the premises . 5. Sales at wholesale. 6 . Sales or service activity shall not be allowed from any temporary structure or vehicle unless a building permit application has been submitted for a permanent building or structure to replace the temporary structure. 7. Temporary employment services as defined by and which are required to be licensed under Title 5 of this Code. Sectjon 5. The City Council of the City of Englewood. Colorado hereby authorizes amending Title 16, Chapter 4 , Section 19, Subsection 7, of the Englewood Municipal Code 1985, to read as follows: 16-4-19-7: PROHIBITED: A. The following signs are prohibited in all zone districts and are declared a nuisance by the City: l. Any ground s ign within a triangular area of t hirty feet (30') along two (2) sides of an intersection of curbs of two (2) streets, a railroad right-of-way and a street, a driveway and a street, or a n a lley and a street. which does not have a clear area of seven feet (7') between the grade level and the bottom of the sign unless approved by the City Traffic Engineer . ) I • 0 • • • ,. .. • -... 2. Banners, except as in proVJded in subsections 16-4-19-5(Q) (South Broadway identification banners), 16-4-19(8) (Street Banners), and 16-4-19-10(E)(6) (Short Tenn Advertising Signs) as well as. pennants, valances and wind signs. 3. Billboards including without limitation, any billboards on land transferred to the City by the State of Colorado or any of its agencies. 4. Portable signs. 5. H. Signs referring to outdoor display of merchandise on public right-of-way except for signs for sidewalk sales pursuant to a public sidewalk sale as that term is defined in E.M.C 16-8-l. 6 . Search lights. 7. Signs painted on fences . 8 . Third-party signs. 9 . Wheeled advertising devices, except for permanent signs on licensed vehicles. 10. Balloons and other inflatable devices. 11. Flags exceeding thirty-five square feet (35') maximum in area. 12. Any Sign that imitates or resembles an official traffic control device or signal, or which attempts to direct the movement of traffic, or which hides from view or interferes with the effectiveness of any official traffic control device or signal. B. The following signs are prohibited in all areas except in the South Broadway sign area: I. Animate d s igns, except barber poles. 2. Flashing or blinking lights or signs, except for scoreboards and time and temperature devices. 3. Roof signs and integral roof signs. 4 . Wall murals. Section 6. The Englewood City Council hereby amends Title 16. Chapter 8 , Section l. of the Englewood Municipal Code, 1985 with the addition of the following definition. in alphabetical order, to the definitions as follows: ) I • 0 • • • . . ., 16-8-1: DEFINITIONS: PUBLIC SIDEWALK SALE : • ... • -' ~ Community event or celebration allowmg the use of public sidewalks by Englewood merchants in front of their business as authorized bv the City Manager or des1gnee . Sect.jon 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 further determines that the Ordinance bears a rational relation to the proper leg1slauve object sought to be obtained. Section 8. Seyerabjljty If any clause. sentence. paragraph. or part of th1 s Ordinance or the application thereof to any person or circumstances s hall for any reason be adjudged by a court of competent jurisdiction mvalid. such Judgment s hall not affect impair or invalidate the remainder of this Ordinance or 1ts applicauon t o other persons or circumstances. Section 9 Inconsjstent Ordjnances All other Ordinances or poruons thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of s uch inconsistency or conflict. Sectjon 1 o Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release. extinguish, alter, modify. or change in whole or in part any penalty, forfeiture . or liability, either civil or criminal. which shall have been incurred under such provision. and each provision shall be treated and held 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, procee dings. or prosecutions. Sectjon 11. Penalty Proyjsjon . The Penalty Provisions of E.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance . Introduced. read in full. and passed on first reading on the 15th day of May. 2000. ' -. . A I • 0 - • • • • - Published as a Bill for an Ordinance on the 19th day of May, 2000. A Public Hearing was held on June 5, 2000 .. Read in full, amended and passed as amended on the 26th day of June, 2000. Published in full, as amended on the 30th day of June, 2000. Read by title and passed on final reading on the 17th day of July, 2000. Published by title as Ordinance No . ~ Series of 2000, on the 21st day of July, 2000. Thomas J . Bums, Mayor A'M'EST: Loucrishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 2000. Loucrishia A. Ellis ) I • 0 • • .•. ORDINANCE NO._ SERIES OF 2000 • • - BY AUTHORITY COUNCIL BILL NO . 51 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AMENDING TITLE 3, CHAPTER 6, SECTION 7, S UBSECTION 7. OF THE ENGLEWOOD MUNICIPAL CODE 1985, INCREASING THE BENEFITS FOR RETIRED MEMBERS Ai'ID BENEFICIARIES OF THE ENGLEWOOD NON-EMERGENCY EMPLOYEES RETIREMENT PLAN BY 3%. WHEREAS, Ordinance No. 70, Series of 1999 authorized a 3% increa e to the monthly benefits of Retired Members and Be neficiaries whose payments co mmence d prior to January 1, 1999 effective January 1, 2000: a nd WHEREAS, the City Council of the City of Englewood . Colorado pas e d Ordinance No . 40, Series of 1999, amending Title 3-6 of the Englewood Municipal Code a nd allowing a Deferred Retirement Option Plan (DROP) be nefit for the participants of this Plan; and WHEREAS, the Englewood City Council reviewed the possibili ty of a r etiree increase when Ordina n ce No. 40, Series of 1999 was r eviewed in Study e s10 n on September 8 , 1998; and WHEREAS, the adoption ofthis Ordina nce will provide a three pe rcen t (3%) increase in retiree benefits on January 1. 2001 for the Non-E mergency Reure me nt Plan members and benefi ciaries retired as of January 1, 2000; and WHEREAS, the Englewood Non-Emergency Retirement Board recommended approval of a three pe rcent 3% increase to the monthly be ne fits of Retired Members and Beneficiaries retired a s of January 1. 2000 to b e effective January 1, 2001 , at the May 9 , 2000, meeting; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO, AS FOLLOWS: Sectjon 1. The City Co uncil of the City of Englewood , Colorado hereby gives approval of a 3% increa e for Retired Me mbers and Be neficia r ies by amending Title 3 . Chapter 6 , Section 7, Subsection 7, of the Englewood Municipal Code 1985. which shall read as follow s : -I - A 10 b ii I • 0 - • • • • !\.• .. • - 3-6-7-7: INCREASED BENEFITS FOR RETIRED MEMBERS At'ID BENEFICIARIES: ... Effective July 1, 1993, all members and beneficiaries whose payments commenced before January 1, 1993, shall receive a five percent (5%) increase in their pension payments subject to future adjustment as determined by the Board. Effective January 1, 1996, all members and beneficiaries whose payments commenced before July 1, 1995, shall receive a three percent (3 %) increase in their pension payments subject to future adjustment as determined by the Board. Effective January 1, 2000, all members and beneficiaries whose payments commenced before January 1, 1999, shall receive a three percent (3 %) increase in their pension payments subject to future adjustment as determined by the Board. Effective January 1 200 1. all members a nd beneficiaries whose payments commenced before January l 2000 s hall receive a three percent (3 %) increase in their pe ns10n payments subiect to future adjustment a s determined by the Board. Introduced, read in full , and passed on first reading on the 26th day of June . 2000. Published as a Bill for an Ordinance on the 30th day of June, 2000. Read by title and passed on final reading on the 17,h day of July. 2000. Published by title a s Ordinance No._, Series of 2000, on the 21st day of July, 2000 . Thomas J. Bums, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ell is , City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title a s Ordinance No . ~ Series of 2000. Loucrishia A. Ellis -2- • .. I • 0 • • ORDINANCE NO._ SERIES OF 2000 • • - BY AUTHORITY COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 2000 ARAPAHOE COUNTY COMMUNITY DEVELOPME:siT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD WHEREAS, the City Council approved the execution of a n Intergovernmental Agreement between the City of Englewood and Arapahoe Co unty by passage of Ordinance No. 39, Series of 1994 cove ring the City's participation in the Arapahoe County C.D.B .G. Entitlement Program as extended by Amendment No. 1, for funding years 1998 through 2000 ; and WHEREAS, the Englewood City Council passed Resolution No . 101 , Series of 1999 supporting Housing and Community Development that authorized submitting an application for 2000 CDBG funding; and WHEREAS, the project by the City of Englewood known as the "South Platte River Open Space Plan Project" has been categorized as a Pla nning project; and WHEREAS, the City of Englewood may proceed to incur costs for this proJect upon receipt of an official "'.'lotice to Proceed" from Arapahoe Cou nty; 10 b iii NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectjon 1. The Subgra ntee Agreement for the 2000 Ara pahoe County Commuruty Development Block Grant Program with Project Name "So uth Platte River Open Space Plan··, is attached hereto as Exhibit A. Sectjon 2. The S ubgrantee Agreement for the 2000 Arapahoe County Community Development Block Grant Program is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood. Sectjon 3. The City Manager shall be authorized to further extend the Subgrantee Agreement for the 2000 Arapahoe County Community Development Block Grant Program as needed. Introduced, read in full, and passed on first reading on the 26th day of June, 2000 . -I - . , ) I • 0 .~-----------~-~--~------------,,-----........ -------------------.------··,----.. ,-.------- • • • • .. .. • • .. Published as a Bill for an Ordinance on the 30th day of June. 2000. Read by title and passed on final reading on the li1h day of July, 2000. Published by title as Ordinance No._, Series of 2000. on the 21st day of July, 2000. Thomas J . Bums. Mayor AT"l'EST: 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 e fthe Ordinance passed on final reading and published by title as Ordinance No. ~ Senes of 2000. Loucrishia A. Ellis -2- I • 0 • • -. • ·,, • -' SUBGRANTEEAGREEMENTFOR 2000 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: SOUTH PLA 'ITE RIVER OPEN SPACE PLAN PROJECT NUMBER: OO-EN-PL-022 This Agreement is made by and between the Board of County Commissioners of the County of Arapahoe. State of Colorado. for the Community Development Block Grant Program in the Community Services Department (hereinafter referred to as the County) and the City of Englewood (hereinafter referred to as the SubGrantcc) for the conduct of a Community Development Block Grant (CDBG) Project for Program Year 2000. I. PURPOSE The primary objective of Title I of the Housing and Community Development Act of 1974, as amended. and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities. by providing decent housing, a suitable living environment and expanding economic opportunities. principally for low and moderate income persons . The project by the City of Englewood known as the South Platte River Open Space Plan Project (Project) has been categorized as a Planning project and the SubGrantee will maintain documentation with the national objective of Area Benefit activities. The SubGrantcc may proceed to incur costs for the Project upon receipt of an official ·'Notice to Proceed" from the County. II. WORK TO BE COMPLETED BY THE SUBGRANTEE The following provisions outline the scope of the work to be completed: The SubGrantcc will utilize CDBG funding to suppon the development of an open space plan for the South Platte River. Implementation of the plan will allow for the expansion of existing open space and the protection of riparian areas, wildlife, and other natural resources . A. Payment It is expressly agreed and understood that the total amount to be paid by the County under this contract shall not exceed $25,000.00. Drawdowns for the payment of eligible expenses shall be made against the line item budgets specified in Exhibit A and in accordance with performance criteria established in Section 11-C. The panics expressly recognize that the SubGrantcc is to be paid with CDBG funds received from the federal government, and that the obligation of the County 1 • R X .. I • I T A ) I· 0 ]- • • ?L-• • :,. • -' to make payment to SubGrantee is contingent upon rece ipt of such funds. In the event that said funds. or any pan thereof. are , or become, unavailable , then the County may immediately terminate or amend this agreement. To the extent C.R.S . § 29-1-110 is applicable, an y financial obligation of the County to the SubGrantee beyond the current fiscal year is al so contingent upon adequate funds being appropriated. budgeted and otherwise available . B. Tuneline All Project activities will be completed by June 15, 2001 unles s this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the fund ing application submitted by the SubGrantee for the Project . the criteria listed below are to be met during the execution of the Project. I . Quantifiable Go als: The SubGrantee will secure the services of an indi vidual or agenc y spe cializin g in open space planning who will perform the first tw o of five phases of the open space plannin g process for the Englewood South Platte River corridor (see map. Exhibit B). The fir st phase requires the completion of an existing land use inventory , which is to establi sh ) existing land uses and potential for redevelopment . The second phase will provide outreach to public and private individuals and agencies through a series of at least three public meetings and the development of a steering committee to guide the process . Using funding from the Great Outdoors Colorado Trust Fund or other suitable non- CDBG source , the SubGrantee will then perform the final three phases of the plannin g process (visioning. option development, and plan implementation ). 2. Community Impact: Through completion of the five phase planning process, the SubGrantee will increase the amount of open space within the plan area by 10 % in the ten year period following completion of the Project and increase panicipation in recreational pursuits along the corridor (measured by an annual survey of trail users ) by 10% for two years following completion of the Project. The SubGrantee will maintain written records documenting the Project's community impact for a period of ten years following completion of the Project. This information is to be made available (upon request) to Arapahoe County or the U .S. Depanment of Housing and Urban Development for monitoring purposes . 3. Project Milestones: 2 : ,.. I • 0 • • June 30, 2000: September 30, 2000: December 31. 2000: March 31. 200 I : June 15, 2001 : D. Reporting Requirements • • - No requirements established No requirements established Begin Phase I (land use inventory) Complete Phase I (land use inventory) Begin Phase Il ( outreach and consensus building) Complete Phase Il (outreach and consensus building) Submit final drawdown and completion report to County I. Each SubGrantee Drawdown Request will include progress reports for the period for which payment is being requested. 2. Project reports will be due within 30 days following the end of each calendar year quarter (March 31. June 30, September 30. December 31) until the Project is completed. 3. A Project Completion Report will be due 30 days after completion of the Project. 4. The official annual audit and/or Financial Statements for the SubGrantec in which both revenues and expenditures for the CDBG Projects described herein arc detailed arc due annually. E. Labor Standards (Davis-Bacon) lt is determined that: Project docs not include activities requiring federal labor standards compliance. F. Environmental Review The SubGrantee will not commit or expend any Project funds prior to completion of the required environmental review process by Arapahoe County and the receipt of any necessary Release of Funds from the U .S. Department of Housing and Urban Development. G. Uniform Relocation Act (URA) Project activities do not require compliance with the Uniform Relocation Act. H. Lead Based Paint Hazards Project activities do not require compliance with federal lead based paint reduction regulations. 3 • I • 0 l • I, •1 • • - m. RESPONSIBILITIES OF THE SUBGRANTEE • A. Federal Compliance The SubGrancee shall comply with all applicable federal laws. regulations and requirements. and all provisions of the grant agreements received from the U.S . Department of Housing and Urban Development (HUD) by the County. These include but are not limited to compliance with the provisions of the Housing and Community Development Act of 1974 and all rules. regulations. guidelines and circulars promulgated by the various federal departments. agencies. administrations and commissions relating to the CDBG Program. A listing of some of the applicable laws and regulations are as follows: 1. 24 CFR Part 570; 2 . 24 CFR Parts 84 and 85: 3 . Title VI of the Civil Rights Act of 1964: 4. Title VIII of the Civil Rights Act of 1968 ; 5 . Sections 104(bl and 109 of the Housing and Community Development Act of 1974 : 6. Fair housing regulations established in the Fair Hou si ng Act , Public Law 90-284. and Executive Order 11063; 7 . Section 504 of the Rehabilitation Act of 1973 : 8. Asbestos guidelines established in CPD Notice 90....W : 9 . The Energy Policy and Conservation Act (Public Law 94-163 ) and 24 CFR Part 39 ; 10. Equal employment opportunity and minority business enterprise regulations e tablished in 24 CFR part 570.904; 11 . Section 3 of the Housing and Urban Development Act of 1968 : 12 . Non-discrimination in employment. established by Executive Order 11246: 13 . Lead Based paint regulations established in 24 CFR Parts 35 and 570.608: 14. Audit requirements established in 0MB Circular A-133 ; and 15 . Cost principles established in 0MB Circulars A-87 and A-122. Additionally, in accordance with 24 CFR Part 570, no employee, official. agent or consultant of the SubGrantee shall exercise any function or responsibility in which a conflict of interest, real or apparent, would arise. The SubGrantee cannot engage in a federally funded contract with any entity registered in the Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs. 8. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon CDBG monies for funding, a non-appropriation clause that will protect itself and the County from any liability or responsibility or any suit which might result from the discontinuance of CDBG funding for any reason. Because this SubGrantee Agreement involves funds from a federal grant. to the extent there is a conflict the funding provisions of this SubGrantee Agreement. the federal grant and 4 • I • 0 ] l e ( • • '· .. • ' -... the federal statutes control rather than the provisions of Section 24-91-103.6, C.R.S . with regard to any public work projects. C. Expenditure Restrictions All CDBG funds that are approved by HUD for expenditure under the County's grant agreement. including those that are identified for the SubGrantee's Projects and activities, shall be allocated to the specific projects and activities described and listed in the grant agreements. The allocated funds shall be used and expended only for the projects and activities for which the funds are identified . D. Agreement Changes No projects or activities , nor the amount allocated therefor. may be changed without approval by the County and acceptance of the revised Final Statement and/or Consolidated Plan by HlJD. if required. Changes must be requested in writing and may not begin until a modification to thi s Agreement is fully executed. E. Direct Project Supervision and Administration The SubGrantee shall be responsible for the direct supervisio n and admini stration of its re spective projects or activities. Thi s task shall be accomplished through the use of the SubGrantee·s staff. agency and employees .. The SubGrantee shall be responsible fo r any injury to person s or damage to propeny resulting from the negligent acts or errors and omis sions of its staff. agents and employees. ) Because the SubGrantcc is responsible for the direct supervision and administration of its projects or activities , the County shall not be liable or responsible for cost ov errun s by the SubGrantee on any projects or activities . The County shall have no duty or obligation to provide any additional funding to the SubGrantee if its projects or activities cannot be completed with the funds allocated by the County to the SubGrantee. Any cost overruns shall be the sole responsibility of the SubGrantee. F. I. The SubGrantee agrees that all funds allocated to it for approved projects or activities shall be used solely for the purposes approved by the County. Said funds shall not be used for any non-approved purposes . 2. The SubGrantee agrees that the funds allocated for any approved projects or activities shall be sufficient to complete said projects or activities without any additional CDBG funding . Indemnity To the extent allowed by law, the SubGrantee shall indemnify and hold harmless the County and its elected and appointed officials, officers, employees and agents from and against any and all losses, damages, liabilities, claims. suits, actions or costs. including attorneys fees, made, asserted or incurred as a result of any damage or alleged damage to person or propeny occasioned by the acts 5 • I . 0 • • -• • • - or omissions of SubGrantee. its officers. employees. agents. contractors or subcontractors. arising out of or in any way connected with the Project or the performance of this contract. G. Bonding and Insurance If the SubGrantee's projects involve construction activities. any Contractor it uses for said activities shall be required to provide and maintain. until final acceptance by the SubGrantee of all work by such Contractor, the kinds and minimum amounts of insurance as follows: I. Comprehensive General Liability: In the amount of not less than $600.000 combined single limit. Coverage to include: a. Premises Operations b. Products/Completed Operations c . Broad Form Contractual Liability d. Independent Contractors e. Broad Form Property Damage f. Employees as Additional Insured g. Personal Injury h. Arapahoe County and the SubGrantee as Additional :-..lamed In sured 1. Waiver of Subrogation 2. Comprehensive Automobile Liability: In the amount of not less than $600.000 combined single limit for bodily injury and property damage. Coverage to include: a. Arapahoe County and the SubGrantee as additional Named Insured b. Waiver of Subrogation 3. Employers Liability and Workers Compensation: The Contractor shall secure and maintain employer's liability and Worker'· Compensation Insurance that will protect it against any and all claims resulting from injuries to and death of workers engaged in work under any contract funded pursuant to this agreement. Coverage to include Waiver of Subrogation. 4 . All referenced insurance policies and/or certificates of insurance shall be subject to the following stipulations: a. b. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance polic ies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance. The clause entitled "Other Insurance Provisions" contained in any policy including Arapahoe County as an additional named insured shall not apply to Arapahoe County or the SubGrantee. 6 • . . I • 0 • • • • t-,. • -' c . The insurance companies issuing the policy or policies shall have no recourse against Arapahoe County or the SubGrantee for payment of any premiums due or for any assessments under any form of any policy. d. Any and all deductibles contained in any insurance policy shall be assumed by and at the sole risk of the Contractor. 5 . Certificate of Insurance: The Contractor shall not commence work under an y contract funded pursuant to this Agreement until he has submined to the SubGrantee, received approval thereof, certificates of insurance showing that he has complied with the foregoing insurance requirements . The SubGrantee shall also submit a copy of the Contractor's certificates of insurance to the County. 6 . Notwithstanding the provisions contained in this paragraph (H) set forth hcreinabove , the County reserves the right to modify or waive said provisions fo r projects or activities for which these provisions would prove prohibiuve . The SubGrantee understands . however. that the decision to waive or modi fy th ose provisions is fully within the discretion of the County. In accordance with 24 CFR parts 84 and 85 , the following bonding requ irements hal l apply to all projects exceeding the simplified acquisition threshold: l . A bid guarantee from each bidder equivalent to 5 % of the bid pri ce: 2 . A performance bond on the part of the contractor for l 00% of the contract pn ce: an d 3 . A payment bond on the part of the contractor for I 00% of the contract pri ce. H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of C DBG funds and its supervision and administration of the Project. Records are to include documentati on verifying Project eligibility and national objective compliance. as well as financ ial and other administrative aspects in volved in performing the Project. The SubGrantee shall provi de full access to these books and re cords to the County, the Sec retary of HUD or his designee. th e Office of Inspector General. and the General Accounting Office so that compliance with Federal laws and regulations may be confirmed. The SubGrantee further agrees to provide to the County upon request, a copy of any audit reports pertaining to the SubGrantee's financial operations during the term of this Agreement. All records pertaining to the Project are to be maintained for a minimum of ten years following close-out of the Project. I. Reporting The SubGrantee shall file all reports and other information necessary to comply with applicable Federal laws and regulations as required by the County and HUD. This shall include providing to the County the information necessary to complete annual Performance Reports in a timely fashion . 7 • I • 0 - . ' • • t "•· • -' J. Timeliness The SubGrantee has submitted to the County. along with its proposal. a description of the work to be performed. a budget. and a timetable delineating the length of time needed for each Project phase, if applicable, through the completion of the projects . The SubGrantee shall comply with timetable for completion of the projects. The SubGrantee understands that failure to comply with the timetable may lead to a cancellation of the Project and a loss of all unexpended funds , unless the County determines that there are extenuating circumstances beyond the SubGrantee's control and that the projects will be completed within a reasonable length of time. The timetable"s implementation shall begin when the County provides written notification to the SubGrantee to proceed. K. Reimbursement for Expenses The SubGrantee agrees that before Ule County can distribute an y CDBG funds to it. the SubGrantee must submit to the County's Housing and Community Development Services Division documentation in the form required by that Division which properly and fully identifies the amount which the SubGrantee is requesting at that time . The County shall have ten ( 10) workin g days to review the request. Upon approval of the request. the County will distribute the requested funds to the SubGrantee as soon as possible. L. Program Income All program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantee will be retained by the SubGrantee and will be di spersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Proj ects. all program income directly generated from the use of CDBG funds will be remitted to the County. M. Asset ~ment Any single parcel of real property under the SubGrantee's control that was acquired or improved in whole or in part with CDBG funds in excess of $25 ,000 will either: I. Be used for an eligible CDBG activity , as determined by the County, for a minimum of five (5) years following completion of the SubGrantee's projects : OR 2. Be disposed of in a manner that results in the County's being reimbursed in the amount of the current fair market value of the property less any portion of the value attributable to expenditures of non-CDBG funds for acquisition of. or improvements to, the property. Reimbursement is not required after five (5) years followin g completion of the SubGrantee's projects . N. State and CCM1nty Law Compliance 8 • ) I • 0 • • .•. • -.. ... All responsibilities of the SubGrantee enumerated herein shall be subject to applicable State statutes and County ordinances. resolutions, rules, and regulations. O. Environmental Review The SubGrantee agrees that no CDBG funds will be legally obligated to any Project activity before the County has completed federal NEPA environmental review procedures, as required by 24 CFR Part 58. P. Subcontracts If subcontracts are used on the Project. the SubGrantee agrees that the provisions of this Agreement shall apply to any subcontract. Q. Suspension or Termination This Agreement may be suspended or terminated by the County if the SubGrantee materially fails to comply with any tenn of this Agreement. This Agreement may also be terminated for convenience by mutual agreement of the County and the SubGrantee. R. In the event that the Unit of General Local Government should withdraw from the County's "Urban County" designation. this Agreement shall terminate as of the termination date of the County's CDBG grant Agreement with HUD . S. The SubGrantee certifies that to the best of its knowledge and belief: T. 1. No Federal appropriated funds have been paid or will be paid. by or on behalf of it. to any person for influencing or attempting to influence an officer or employee of any agency. a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection with the awarding of any Federal contract. the making of any Federal grant. the making of any Federal loan. the entering into of any cooperative agreement. and the extension. continuation. renewal, amendment. or modification of any Federal contract, grant, loan. or cooperative agreement; and . 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress. an officer or employee of Congress. or an employee of a Member of Congress in connection wnh this Federal contract. grant. loan, or cooperative agreement. it will complete and submit Standard Form-UL, "Disclosure Form to Report Lobbying," in accordance with its instructions . Disallowance 9 • I • 0 • • • '· .. .. • -.. If it is detennined by HUD or other federal agency that the expenditure. in whole or in part. for the SubGrantee's Project or activity was improper. inappropriate or ineligible for reimbursement. then the SubGrantee shall reimburse the County to the full extent of the disallowance. IV. RESPONSIBILITIES OF THE COUNTY V. • A. Administrative Control The Parties recognize and understand that the County will be the governmental entity required to execute all grant agreements received from HUD pursuant to the County's requests for CDBG funds. Accordingly, the SubGrantcc agrees that as to its projects or activities performed or conducted under any CDBG agreement, the County shall have the necessary administrative control required to meet HUD requirements. B. Performance and Compliance Monitoring The County's administrative obligations to the SubGrantee pursuant to paragraph A above shall be limited to the perfonnance of the administrative tasks necessary to make CDBG funds available to the SubGrantee and to provide a Monitoring Specialist whose job it will be to monitor the various projects funded with CDBG monies to monitor compliance with applicable Federal laws and regulations. c. Reporting to HUD The County will be responsible for seeing that all necessary reporu and infonnation required of the County arc filed with HUD and other applicable Federal agencies in a timely fashion. EXTENT OF THE AGREEMENT This agreement. including any documents attached as exhibits which are hereby incorporated herein by reference. represents the entire and integrated agreement between the County and SubGrantee and supercedes all prior negotiations, representations or agreements, either written or oral. Any amendments to this agreement must be in writing and signed by both the County and SubGrantee . If any ponion of this agreement is found by a coun of competent j urisdiction to be void and/or unenforceable , it is the intent of the parties that the remaining portions of this agreement shall be of full force and effect. 10 ... D I • 0 • • • .. .. • - In Witness Whereof, the Parties have caused this Agreement to be duly executed this ____ day of ____________ _.2000. SubGrantee:, ___ ...:,C...iis1JJYr...;Q~{uE111011.1g.i:lc...:w::..:ood,c,c,L.------- By:. ______________ _ Thomas J. Bums Title : Mayor Board of County Commissioners Arapahoe County, Colorado Justin A. Hamel on behalf of the Board of County Commissioners Pursuant to Resolution NumberOOOl 19 11 .. . , A 0 I· 0 • ,. tt i ..; t .... ·' .. ... ~ .. • • I . • -' A EXIDBIT A PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND ProJKIA<lnttia Es&imated Toca! Cost of CDIIGFundl Otbff r..-Connitted (specify .., u.. llem) Adhity "'-1 (land on-,) $7,000 $7 .000 so "'-D (Olllla:ba.1-$18,000 $18.000 so bu11din&) "'-m<~ $9.700 so $9.700 "'-IV ( ................ W) $10.800 so SI0.800 "'-V (plani.......,_.....) $10,800 so $10.800 TOTAL: $56.300 $25 ,000 $31 .300 • I· • • • -• ORDINANCE NO._ SERIES OF 2000 • .. • • • BY AUTHORITY .. COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AMENDING TITLE 1, CHAPTER 6, SECTION 2: CHAPTERS 6B, 60 6F, 6G, 6H, 61 AND 6J; OF THE ENGLEWOOD MUNICIPAL CODE OF 1985 PERTAINING TO DEPARTMENTAL ORGANIZATION . WHEREAS, the scope of businesses change from tune to time and businesses must change to accommodate these changes: and WHEREAS, the same is true of city, county, state and national governments; and WHEREAS, the City of Englewood has a need to kee p up with the changing conditions and technology by reorganizing where necessary. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $ect,ion 1 Title 1, Chapter 6, Section 2 · DEPARTMENTAL ORGANIZATION, Englewood Municipal Code 1985, is hereby amended as follows : 10 1, iv A. The departmental organization of the City shall be divided under the City Manager into the following ciepartments: A&milliawati e ~epq,.eee Community Development Fionnce and Administrative Service, Human Resources lofomntion Tecboni2cx Library Services Parks and Recreation Public Works Safety Services Utilities I • 0 • • • ~--------------------------,--------------~-~---• • - B. Reference to a department director in this Code by any title other than set forth in this Section sha ll be construed to refer to the dep a rtment director as s et forth here in . C. The City Manager may, on a temporary basis. reassign duties and responsibilities to departments in the best interests of the City . Sectjon 2. Title 1, Chapter 68, of the Englewood Municipal Code. is here by amended by deleting the Departme nt of Administrative Services. as follo ws : ARTICbE B: QEP,".RTH6?>'T OF AQMI~IISTRATIVE S6R"TCES -l-GB-l: CE>J.KR.,Ab R6SPONSIBibITIES: The Qe)lflf'tm eRt ef A8111inletrati e Ser.,ieee shall. 'lie ree)le11ei'llle fer tke ai,isie11s efReYeR1te , B1t8get. .',eee 1tRti11g . P1trehaeiRg BR8 City Clerk. h shall. 'lie the 81tly ef the meeter te aet ae Kc 01Jie1e Cit, Treae1trer 8118 Fi11eRee Qireeter fer )llH'JlBBes ef State Stawtes; te eet t,e J!PB111et e .. ,eettre BR8 iireeer"e the !tReReteJ a118 JlPB)lerty i11tereets e f tk e City in all eaeee here th e !i 1tt_. 1s RBt e.1)lreeely eharge8 te BR'.I' ether 8e)lflf'tllleRt er el+i ee. Section 3. Title I . Chapte r 6C, Englew ood MunlClp a l Co e . is hereby amended by renumbering to Chapte r 613 . as follow s : ARTICLE C ll; DEPART\IENT OF COMM l\TJTY D E\ 'ELO PMENT l-6C ,ll,-1 : GENERAL RE S PONSlBILITIES : The De pa rtm e nt of Commuruty Development shall be responsible for the formulation. admims tration and implementation of all planning, environm ental, housin g. health. s anitation a n d redevelopment programs within the City and shall enforce codes re lating to sa.id p rograms; s hall assist the City Planning and Zoning Commission in preparation of the :Vlaster Plan for the physical, social and economic developme nt of the City; s h a ll inspect s ubdivisio n plats fo r compliance with the Subdivision Code : a nd s hall assist the Board of Ad iu,tment a nd Appeals by providing information and reco mmendations on matters co n sid ered by said Boa rd . Sectjon 4. A Dep a rtme nt of Finance and AdministratiYe. e rvices is hereby created and numbered a s Title l. Ch apter 6C, Englewood Municipal Code . to read as follows : ARTICLE C. DEPARTME NT OF FINANCE AND :\Qi\lI NIST RATJVE SERYJCES 1-GC•l : GENERAL RESP ON SIBILITIES : The Peoan ment of Finance and Administrative Secyices shall be resn ons1ble for the di vis ions of Reven ue Budget Accounting Purchasing Print Shon and Citv Clerk It shall he the dutv of the Pi rec tor to act as ex officio Citv Treasurer and Finan ce P1r rr tor for the ourno~e~ of Ste t£ StJtll tes · to act to oromote secure and oresecye the financial and nronertY interest ~ of the Citv 10 all cases where the dutx is not exnresslx charged to anv other denartment of dena rtment or office Section 5. A Dep a rtm e nt of Information Tec hn ology is here by cr eated a nd numbered Title I-GE . Englewood Municipal Code , to read as follow s: ARTICLE E DEPARTME NT OF JNFORMATJON TECH N01,oqy 1 ·6E-t · GENERAL RESPONSIBILITIES The Penartment of Information Technology shall be resnoo,ible for information technology and telec omn1unication ifisues 2 • I • 0 • • -• • • • Section 6 Title 1. Chapter E, Department of Library Services , is amended by renumbering as Title l-6F , as follows : ARTICLE E [. DEPART:\1ENT OF LIBRARY SERVICES 1-6-1!: f·l: General Respon sibilities. Sectjon 7. Title 1 Cha pter I , Englewood Municipal Code . Department of Parks and Recreation, is hereby amended by renumbering Title 1. Chap ter G . to read a s follow s : 1-GIG-l DEPARTMENT OF PARKS AND RECREATION . Sectjon 8. Title l, Chapter F, Public Works , is hereby a me nded by renumbenng as Title 1, Chapter 6H, Englewood Municipal Code 1985 , to read as fo llow s : ARTICLE ~li : PUBLIC WORKS 1-~ li·l: GENERAL RESPONSIBILITIES : The Department of Public Works s hall be responsible for all matters relating to construction. manage ment. maintenance and operation of the physical properties of the City , includin g, without limitation. street and surface drainage maintenance, traffic systems, central ga r age faciliti es, engmeering, fHtffl and building maintenance ; the administration , design , ms pe ct1 on and coordination of the capital improvement programs of the City . as well as the contract administration with reference to the review of specifications ; the providing ef.legal descnptions and surveys when necessary or required ; '8 ,pe >ide PROVIDING es tun ates of value relating to real property and ihe PROVIDING preliminary investigations relating to ownership of land and building safety. Sectjon 9. Title 1. Chapter 6G · DEPARTMENT OF SAFETY SERVICES , Englewood Municipal Code 1985 . is hereby amended by renumbering to Title 1. Chapter 61, to read as follows: 1·6Gl-l : GENERAL RE S PO NSIBILITIES : The Departme nt of Safety Services shall oversee all police function s , mcluding patrol, investigation s . the Reserve Police Force , administration, community relations, appointment of Sp eci al Police, and animal control ; and all fire functions , including suppression , prevention , a dmmistration, rescue and ambulance services, enforcement of regulatory provisions , formulate and control a hazardous materials community response plan, training a nd volunteers; and all central communications . The titles "Director of Sa fet y Services" and "Safety Services Director" are synonymous with "Chiefof Police", "Police Chief', "Chief of Fire", and "Fire Chi ef ' for all purposes under the applicable laws of the State of Colorado and the United States of America. Sectjon 10 Title 1, Chapter 6H · DEPARTMENT OF UTILITIES, Englewood Municipal Code 1985, is hereby amended by renumbering to Title 1, Chapter 6J as follows : l-GHJ-1: DEPARTMENT OF UTILITIES: 1-GHil·l: GENERAL RESPONSIBILITIES : The Department of Utilities shall be responsible for all matters relating to the management . maintenance, and operation of the water and sewer utilities . including storm drainage. and s hall be responsible for all 3 • I • 0 • • -• • I ~-• ... • -.. matters relating to the management, maintenance. and oper a tion of the Bi-City Wastewater Treatment Pl ant . .. Section 11 Safety Clauses. The City Council hereby finds . determines. and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public. and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 12 Severabjljtv . If any clause, sentence, paragraph , or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent juns diction invalid, such judgment shall not affect, impair or invalidate the remainder of t his Ordinance or it application to other persons or circumstances. Section 13 Inconsistent Ordinances All other Ordinances or portions thereof inconsistent or conflicting wi th this Ordinance or any portion hereof are hereby repealed to the extent of such inconsiste ncy or conflict. Section 14 Effect of repeal or modjficatjon. The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance s hall not release. extinguish, a lter , modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provis ion. 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 a ny judgment, decree, or order which can or may be rendered, entered. or made in such actions. suits, proceedings. or prosecutions. Se<;tjon 15 fePllllL The Penalty Provision ofE.M .C. Section 1-4-1 shall a pply to each and every violation of this Ordinance. Introduced, read in full , a nd passed on first reading on the 26th day of June, 2000. Published as a Bill for an Ordinance on the 30th day of June, 2000. Read by title and passed on final reading on the 17u, day of July, 2000. Published by title as Ordinance No._. Series of 2000, on the 21st day of July, 2000 . Thomas J . Burns, Mayor A'ITEST: Loucrishia A. Ellis, City Clerk 4 • ., ~ ~ .. I • 0 • • • • -' I , Loucrisbia A. Ellis. City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. __. Series of 2000. Loucrisbia A. Ellis • 0 • • 0 -• ·,. • -.. COUNCIL COMMUNICATION Date Agenda Item Subject: UE WWTP July 17, 2000 10 Ci Trickling Filter Media Purchase INmATEDBY STAFF SOURCE UE WWTP Supervisory Committee Stu Fonda, Utilities Director Jim Tallent· Operations Division Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved partial replacement of plastic trickling filter media in the Phase 1 b construction budget. The Council goal in this item is to approve purchase sufficient additional plastic trickling filter media to complete replacement of existing damaged media. RECOMMENDED ACTION The action recommended is to approve, bf motion, the purchase of 23,424 cubic feet of plastic trickling filter mMla far $101,910.00 from Brentwood Industries. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In the recently completed Phase lb construction project (1999), approximately one -th ird of the top layer of plastic media in the Nitrifying Trickling Filters (NTF) was replaced . This action was originally intended to replace damaged media blocks, identified during the design phase of the project. Th is was included in the construction budget and the intent was to focus on replacing only portions of the media showing the most damage. Near the end of the Phase lb project , inspection of the top layer of plastic media in the NTF's indicated progressive damage. Rather than addressing the s.pecific areas, as was originally intended, all the replacement media went into one NTF. This action V.ds taken as part of a recommendation to replace the entire top layer in both units. A diagram indicating how much remains to be replaced is attached to this communication. Brentwood Industries, supplier of our current trickling filter media, was contacted to obtain a materia l quote to • replace the remaining damaged media blocks in the NTF's . Plant staff will address installation of these blocks. • FINANCIAL IMPACT The cost of this expenditure will be shared 50/50 by the Cities of Englewood and Littleton . Sufficient funding for this purchase is available in the 2000 construction budget account. Pricing is comparable to materials purchased recently. LIST OF ATTACHMENTS: 1. Recommendation for media purchase 2. Supervisory Committee Meeting Minutes 3. Trickle filter media pricing comparison (Brentwood Industries) 4. Diagram of replacement areas 5 . Price quotation -. I • 0 - • • • "• ·.•' • - ... ,. . LITTLETON /ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 S. Platte River Onve Englewoo d. Coloraco s o, ,o (303) 762-2600 City of Littleton Cityof Englewood Fl>:Y. 762-2620 MEMORANDUM TO: Dennis Stowe. Plant Mana2er FROM: Jim Tallent, Operations Di :ision Manager~ DATE: March 3 I , 2000 SUBJECT: MEDIA PURCHASE FOR NITRIFYlNG TRICKLING FILTERS In the recently completed Phase lb construction project, funds were budgeted for replac ement of approximately one-third of the combined top layers o f media in itrifying Trickling F ilters (NTF) =I and #2. This replacement was originally recommended due to damage of media blocks since they were installed in l 99i . Water jets on the distributor are apparently causing this damage. At the time this was included in the construction budget; the intent was to focus on replacement of portions of the media ) showing the most damage . Near the end of the Phase lb project, inspection of the top media layer in NTF's #1 and #2 indicated more extensive d..mage t.'la., expected. Rather th an replace specific ar eas, as was originally intended , all the replacement media went into NTF #2. This action was pan of a recommendation to repl ace the top layers in both units. Please note that during this installation process, the second layer of media was exposed and did not show damage. Brentwood Industries, supplier of our current trickling filter media, was contacted to obtain a quote to replace the remaining damaged media modules in NTF #1 and NTF #2. The quote was for $101 ,91 0, subject to terms of the quotation (sec attached). I rec o mme nd we proceed with scheduling a media repl acement order and installing these modules . In o rder to facilitate replacement in 2000, Supervisory Committee and Coun ci l approval will be required, si nce funding for this project is not budgeted for thi year JT :bd Attachment • EXHIBIT 8 III-16 I • 0 J- • • • .. • - COUNCIL COMMUNICATION Date Agenda Item Subject: UE WWTP July 17, 2000 10 Ci Trickling Filter Media Purchase INmATEDBY STAFF SOURCE UE WWTP Supervisory Committee Stu Fonda , Utilities Director Jim Tallent -Operations Division Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved partial replacement of plastic trickling filter media in the Phase 1 b construction budget. The Council goal in this item is to approve purchase sufficient additional plastic trickling filter media to complete replacement of existing damaged media . RECOMMENDED ACTION The action recommended is to approve , bJ lllllan. the purchase of 23,424 cubic feet of plastic trickling filter l1JMill for $101,910.00 from Brentwood lndualriN. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In the recently completed Phase lb construction project (1999), approximately one-third of the top layer of plastic media in the Nitrifying Trickling Filters (NTF) was replaced . This action was originally intended to replace damaged media blocks, identified during the design phase of the project. This was included in the construction budget and the intent was to focus on replacing only portions of the media showing the most damage. Near the end of the Phase lb project , inspection of the top layer of plastic media in the NTF's indicated progressive damage . Rather than addressing the specific areas , as was originally intended, all the replacement media went into one NTF . This action was taken as part of a recommendation to replace the entire top layer in both units . A diagram indicating how much remains to be replaced is attached to this communication . Brentwood Industries, supplier of our current trickling filter media , was contacted to obtain a material quote to replace the remaining damaged media blocks in the NTF's . Plant staff will address installation of these blocks . FINANCIAL IMPACT The cost of this expenditure will be shared 50/50 by the Cities of Englewood and Littleton . Sufficient funding for this purchase is available in the 2000 construction budget account. Pricing is comparable to materials purchased recently . LIST OF ATTACHMENTS: 1. Recommendation for media purchase 2. Supervisory Committee Meeting Minutes 3 . Trickle filter media pricing comparison (Brentwood Industries) 4 . Diagram of replacement areas 5 . Price quotation • ) I • 0 • • . ,·~ '• .. LITTLETON /ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 S Plane Riv er Onv e Eng 1ewood , Colorado 80 11 O (JOJ} 762-2600 FAX 762-2620 MEMORANDUM TO: Dennis Stowe. Plant Manager • • -' City of Littleton FROM: Jim Tallent, Operations D i:ision Manager~ DATE: March 3 I , 2000 ,. ,• SUBJECT: MEDIA PURCHASE FOR NITRIFYING TRICKLING FILTERS .. Cityof Englewood ln the recently completed Phase lb construction project, funds were budgeted fo r replacement of approximately o ne-thi rd of the combined top lay ers of med ia in itrifying Trickling Filters (NTF) =ii and #2 . This replacement was originally recommended due to damage of media blocks since the y were installed in 1991. Water jets on the distributor are apparently causing this damage. At th e time this was included in the construction budget; the intent was to focus on repl acement of portions of the medi a showing the most damage. ) Near the end of the Phase lb project, inspection of the top media layer in NTF's #1 and #2 indicated more extensive damage t.ian expected. R ather ,han replace specific areaS , as was originally imended all the replacement media went into NTF #2 . This action was part of a recommendation to replace the top layers in both units. Please note that during this installation process, the second layer of media was exposed and did not show damage. Brentwood Industries, supplier of our current trickling filter media, was contacted to obtain a quote to rep lac e the remaining damaged media modules in NTF #1 and NTF #2 . The quote was for $101 ,91 0, subject to terms of the quotation (see attached). I recommend we p roceed with sc hed ulin g a media replacement order and installing these modules . ln o rder to facilitate replacement in 2000, Supervisory Committee and Council approva l will be required , inc e funding for this project is not budgeted for thi s ye ar JT :bd Attaclunent • EXlilBIT B DI-1 6 ~ ' ... • I • 0 • • .. . • -.. LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT City of Littfeton 2900 S. Plane River Dnve Englewood , COt0raco BO ·o (30J) 762-2600 Fl>J(. 762-2620 ATTENDLNG : M INUTES SUPERVI S ORY C O MMITTEE MEETING April 20, 2000 9:00 a.m. Englewood City Manager Linle!on Public Services D' recior Englewood Public Works Direc1or Englewood U1ili1ies Direcior Manager, U E WWTP City of Englewood Gary Sears Charlie Blos1en Ken Ross Stewart Fonda Dennis Stowe C harles Caudill David Robbins Regulatory Prog rams Adminis1ra1or Hill & Robbins, P .C. SECTION III -TOPICS FOR DISCU SSION AN D/OR ACTION I. Flows and Loadings The total flow to the Littleton/Englewood WWTP averaged 24.4 in March, which was a decrease of 0 .3 from February. For financial purposes. the flow split in March was 41.6/5 .-1 between !he c ii ies of Littleton and Englewood. ln March, effluent quality had a 30-day average of 6 m g/L BOD. m 0 L suspended solids, and 2.9 mg/L ammonia as n itrogen. ACTlO TAKEN -None . 2 . Fiscal Manage ment 0 & M expenditures through March were approximately $1.487,893, which was 39.14% under th e .000 'l ear-to-date budget. Year-to-date revenues, including industrial preireatment samplin g, sale o f scrap metal , gains from sale of capital assets, and proceeds from wheat sales equaled $3 0,90-1 throug h March . Dem,is stated that there is significant regulatory work budgeted that has no t been ini tiated . ACTlO!\ TAKEN -one. 3. Indu strial Pretreatment Stu reported that SAS Circuits has filed for bankruptcy and has been bought out by another company. SAS owes money to LIE WWTP for lab sampling. UE WWTP will file a c laim throu g h the bankruptcy process. Stu announced that Chong Woo was promoted to fill the ,·acant positio n of Pretreatment Spec ial ist. ACTIO TAKE -None. . , ) I • 0 • -• Supervisory Committee Meeting April20,2000 Page two •,. 4. Permit Compliance • • - The U E WWTP was in compli ance with all pcnnit conditions during March . ACTIO I TAKEN -one . 5. Odor Reports Stu stated that during March, one odor report was recei ved at the L ittl eton/Englewood \VWTP. Thi s report came from City employees in the vicinity of Englewood C ity Hall. The report is attributed to repair work being performed on the odor control system . Piping for the packed tower was being replaced and trickle filter odors were being discharged to atmosphere without benefit of treatment. Work was completed by the close of the business day and odor control activity resumed up on completion of work. ACTION TAKEN -None. 6. Wastewatr.r Utilities Council Dennis reported that the WWUC is working on three major issues : Basic Standards Hearing -The council will file for party status in th e hearing . A proposal from Brown & Caldwell to assist in the preparation of testim ony for the hearing was accepted and funds for the project will be obtained from special assessments from the members . The members volunteered approximately S25,000 pending some agency approvals. The counci l may also testify on stonnwater issues . Operator Certification -The bill modifying the certification law is making its way through the legis lative process, with no apparent opponents . \Vastewater Reuse -The reuse legislation passed and council members are working on the control regulation to im plement the reuse program in Colorado. A draft, proposed T IDL document is being drafted for use b y th e Water Qualit y Contro l Divisio n in finalizing the nitrate TMDL. EPA approval of the TMDL is scheduled fo r June or July. ACT ION TAKE -None . 'r ... I • 0 • I I • Supervisory Committee Meeting April 20, 2000 Page three 7. Permit Renewal Jt_,1':' ·~ • .. • -" Stu announced that the pennit renewal process is proceeding along nicely. Approval of the interim utility plan is expected from the Water Resources and Management Advisory Committ ee (DR COG) meeting later this month. The process is still on schedule to have the pem1it iss ued thi s summ er . • ACTION TAKEN -None. 8. AMSA 2000 National Environmental Achievement Award Stu announced the Association of Metropolitan Sewerage Agencies (A.t\11SA) ··2000 ational Environmental Achievement Award" in the research and technology category has been awarded to the UE WWTP. The UE WWTP was selected for the award for the LIE WWTP/CSU Bene ficial ·se Research Project entitled. "Long Tenn Research for the Beneficial Use of Domestic Wastewater Biosolids." The Award will be presented at the 2000 A.MSA National Conference in Washin gton D .C., in May. The UE WWTP will likely be the smallest facility represented at the awards. ACTION TAKEN -None . 9. Hill & Robbins Report Basic Standards David reported that Mark Wagner is working with Charles Caudill in preparation for the Basi Standards Hearing. In addition to the technical experts re tained for the hearing, an expert on \\ ater quality for agricultural purposes has been interviewed to provide expertise on some of th e issues FRICO has raised . Thornton Case David stated that the City Attorneys met to discuss how compensation would be made to Da,·id Hi ll for his legal work in the Thornton case. An agreement was made on the arrangements and the portion that Littleton will contribute. ACTION TAKE -one. 10. Potable Water, Grit System and TBS Project A request for bids was sent to seventeen contractors to provide the services for this project. The bids were due on March 22, 2000 and five contractors returned bid packages. lntergra Engineering and Darwin Barrie reviewed the bid packages. The bids were responsive and technically acceptab le . CET • I • 0 J~ • • • Supervi sory Committee Meeting April 20 , 2000 Page four • • - .. .. Environmental was th e low bidder "ith a bid of S98 .956.00 . CET En viro nment:il h:is :iccept:iblc experience and suit:ib le reference s. ACTION TAKEN -A motion \ :is made by Charlie Bloste n to approve a contract w it h CET Envirorunental , in th e amount of 598,956.00 fo r th e Potabl e \\':it e r, Grit Syste m and TBS pr ject. The motion was seconded b y Ken Ross and ca rried unanimousl y. 11. Nitrifying Trickling Filter Media Stu stated that in the recentl y completed Phase lb construction project. fund s we re bud ge ted for replacement of approximately one-third of the combined top la yers of m edia in N itrifyi ng Trickling Filters (NTF) #1 and #2. This replacement was originally recomm ended due to damage of m ed ia blocks th at has occurred since the y were installed in 1991. Water jets o n th e di stributo r are ap paren tl y causing this damage . The replacement was included in the construct io n budget in 1999 with the intent to focus on replacement of portions of the m edia showi ng the m ost damage . N ear the end of the Phase Tb project , inspection of th e to p media la yer in NT F's # 1 and :;_ indicated more extensive damage than expected . Due to the ex tent of the damage. the recomm endation was made to replace the top media la yers in both un its. Durin g Ph ase lb , all the replac ement med ia went into NTF #2 . During this installation process. th e seco nd la ye r o f med ia was exposed and did no t s how damage. Brentwood Industries, supplier of the current tri ck lin g filter media, was contacted to obtain a qu o te to replace the remaining damaged med ia mod u les in NTF # I and I TF #2 . The quot e w as for S 10 1.910 . subject to terms of the quotation . No funds budgeted for this project in 2000. Replacem ent of th e media in 2000 will require Supervisory Committee and Council approval. since funding for th is proj ect is not budgeted fo r this year. Staff recommends that the med ia be replaced this year. ACT I01 TAKE -A motion was mad e b y Ken Ross to a pprove th e purchase and repl ace ment of itri fying Tric k li ng Filter media s upplied b y Brentwood Indu stries as per their quote o f S 10 1.9 10.00 . The motion was seconded b y Charlie Blo sten a nd canied un animousl y. 12. Schedule for the Ma y 2000 Committee Meeting The next meeting of the Supervisory Committee will be on Frida y, May 26, 20 00 at 9:00 a .m . in th e Littleton/Englewood Wastewater Treatment Plant Conference Room . The primary focus of the meeting will be the engineer interviews for an UE WWTP capacity assessment and facilitie s pl anning project. The three firms that submitted proposals were Brown & Caldwell. Camp , Dresser & McKee, and Carollo Engineers . Each firm will make a 30 to35 minute presentation with 15 to 20 minutes fo r questions. Following the interview session, the Committee will mo ve to a yet-to-be-determined location for lunch and to review the discussion items in the Monthly Report . .. 0 I • 0 - • • • Supervisory Comminee Meeting April20,2000 Page five . . ·. 13. Facility Maintenance Piao ' • .. • -.. Dennis stated that a facilities maintenance plan has been prepared for maintaining and repairing the UE WWTP infrastructure. The plan will be presented in detail at a future meeting. The cost is estimated to be in the range of$2 to $5 million dol!ars over the next 20 years . ACTION TAKEN -None. Adjourned 10:05 am :cg ,. ~ .. ' . ) I . 0 - • • • ... .• ' • - Trickle Filter Media Pricing Comparison Trickle filter #1 replacement media Trickle filter #2 new installation ( 1 b) NTF #3 new installation ( 1 b ) Quote for NTF #I and 2 top layer replacement EXlllBITB 111-17 $3.48 / cu ft $3.25 I cu ft $4 .00 I cu ft S-US I cu f, .. ' . • • I • I . 0 I • ' . 0 - 0 ::l:1-·-·-·-·-·-·-·-·-·-·-·-·-·,·-·-·-·-·- ·-----!---·------·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-·-J~ -i:=:-----: _______ . __ --=·--=-~ ) • j 0 '\~ + • • • • • • tt ~·. .. • -.. WA TER TECHNO LOG Y GROUP FACSIMILE TRANSMISSION TO : Cities of Littleton/Englewood, CO ATTl:NTlON: Mr. James Tallent, Jr. FAX NO.: {303) 762-2620 DATE: March 22, 2000 PAGES: (lncludlng c:o,,er) FROM: ROD SIMMONS (ext 174) SUBJECT: PVC Nitrjfying Trickling After Media WWT1656R Quote (Revised) Dear Mr. Tallent, Please find the Scope of Supply/Quotation WWT1656R for the Cities of Littleton/ Englewood, CO. Should you have any questions please feel free to contact me and I would be happy to assist you in any way that I can. Rodney~ mmons Project Manager Water & Wastewater Division 'limmona@brentw.com If transmission is incomplete, please advise immediately . BRENTWOOD INDUSTRIES . INC 610 Morgantown Road (19611 ) PO Box 005 Read ing , r>A 19503 US.A. t0d 08£ phon e· (6 10 )-374-5 109 fa x (G10)·37 o-6 02?. 0322-li tt leton-eng lewood quote-fa• EXBIBITB Jw\ls 'CINI QOOM.LN3~ Gc09-9.!£-0t9 ' ... I· 0 • • • • • CII BRENTWOOD Ill[] INDUSTRIES PO Box 605 1610 Morgantown Road Reading , PA 19603 USA phone: (610) 374-5109 fax : (61 OJ 376-6022 QUOTATION WATER TECHNOLOGY GROUP Littleton/Englewood, CO WWTP WWT1656R Quotation to : I Quote No : \I\N/T1656R 1 of 31 Cities of Littleton/Englewood, CO 2900 S. Platte River Drive Englewood, CO 80110 Attn: Mr. James E. Tallent, Jr. -1>111! I QI.OTATIOII C,,.TI March 22, 2000 I;,'; Below QUQTECB'r' Water and Wastewater "°' See Below · • · l>f-c;1'Rlf' r ,,,r. ,, . 23,424 cu. ft. PVC Nitrifying Trickling Filter Media AccuPac:e CF-1900 Cross Flow Std. PVC Media with minimum surface area of 48 fr~ and minimum 95% void-to-volume ratio (for one filter, 105 ft. diam.tar with 2 fl top layer media deplh, plua 1/3 media coverage for the top layer of the adjacent filler) $101 ,910 .00 1. Above price is for the sUl)ply of our standard products as per our standard specifications and~ hight allowed to the Jobsite in Englewood , CO . 2. Payment in full in Net 30 days on each monthly pnogrns invoice, subject to approval by our Credit Oepartment. 3. Price and scope of supply excludes any responsibility for sales or use or other taxes or such similar charges . 4. Shipments in one lot starting in 14-16 weeks after receipt of acceptable purchase order, cont ingent upon a mutually agreeable schedule and delivery rate and subject to suitable weather conditions at our factory . Th is quote is valid for acceptable orders received before 30 days from the date of this quotation and shipments made before 1eo days from the date of this quotation . Conditionl: TIii pra and lafflll on 11111 quotation .,. nat subject to "91Val c:111ng11 or other agrwm11111S unleas as,pl'Offl In wrttlng by the Sel11r. All qUOlltlonl 111d ~ .,. conUngent upon slrikl, ICCldents. 11191, avalllblTIIY of m118r1als and all other caun1 t,eyond our oontrcl. Prices are baHCI on ~ and ccndlllona Dilllng on the date of quotation and ,,. aulljlct to c:111ng1 lly !tie Setler befv11 final ac:c1pt1nce. Typograph ical and 111nographic ,mn .,. IUlljacl ID conwcllon. Condltlona not IPIClftcally lllalld 11t11in shall De govemtd by atabllshea trace customs. Terms lnconaialtnt with lhOH lltlad bllllin which may appear on the Purclluet'I folmll onllr will not be binding on 1111 Saller. • Pag11 EXlDBlTB IIJJ1119 'ON! ODOM1N3~a cc09-9~£-0t9 • wwtl656R • 0 I . 0 - • • • • - "O 80;; 505 : 6 i0 Mo19amcwn Road Reading , PA 19603 USA phone: (610) 374-5109 fax : (610) 376-6022 _____ Q..,_U:....:OTATION Littleton/Englewood, CO ~ WATER TECHNOLOGY GROUP WWT1656R 5. The media will be supplied as 1,464 media modules , each of approximate size 24"(H) x 24"NV) x 4S"(L)::: our standard manufacturing tolerances . Toe finished modules shall be suitable for nomial wastewater temperatures between 50°F and 75"F and subject to all constituents in the wastewater being non-toxic to PVC , the material of ccnstn.iction of the media modules . The media shall have an average minimum sheet thickness before fom,ing of 25 mil :: our standard manufacturing tolerances. plus additional UV protection additives to the PVC for extended W exposure. 6 . Media offloading at the jobsite, proper storage (if any), installation inside the fi lters , remova l and disposal of any packaging material and or leftover/wastage of media modules at job site, and all other appurtenances are all exdudlld from our above quotation and the scope of supply. 7. The Contractor win be required to cutllrim the media modules to fit the tank (and also any other structures inlide the tank) configuration as per our instructions in our shop drawings submittal. Our price (and the quolad quantity) indudes a provision for standard wastage of about 1.5% (of the actual quantity) towards such cuttingltrtmming during installation of media modules inside the trickling filter tank and towards damage (if any) during their handling at the job site by the Contractor. My additional quantity required wiH be otfwad at an extra cost to be negotiated if and when such a requirement is necessary. 8 . With• view to minimize damage and to facilitate handling, the media modules will be packaged and shislPed on lkida. Our above price includes the cost of such packaging . 9. Technical aupaMlion of media inslallation, if requested, can be provided at an additional price of U .S. dollars S400.00 (four hundr9d) per day per ~r (subject to a work schedule of a maximum of 8 hoinldlly and ! ~ek) plus aitfare, boarding and lodging to be paid by the Contractor at ac:tuall . We wll raquire a notice period of 30 days (minimum) for deputing our supervisor(s) and the stay of each of our supervlecn at the project site would not exceed a period of 30 days under each trip. Startup and operation are not included. 10. We will provide our standard strudural warranty against defects in material and workmansh ip for a period of one year from the date of installation (or fourteen months from the date of shipment) whichever is ear11er based on the load bearing capacities and testing per our standard specifications at our standard module size and we take exception to any other warranty terms . Thie structural warranty is also subject to the media being property installed in the top layer only . Our warranty will not apply to any of our media placed upon or adjacent to any structurally unsuitable media supplied by others . 11 . There are no working parts to the media , therefore there are no applicable operation and maintenance manuals or instruction and these are excluded from our scope of supply . Startup , operation, service , and any process performance responsibilities are excluded from our scope of supply . Conditions: The price and i.m,1 on !hill Quotation n not IIICjeCI to vertlll cllangu or Olller ag!Mffllntl un11t11 approwd In wrtUng by tne Seller. All quotation, ancs av,wmenta are aontilgent upon 1111ke. acc:ICltnll, ftrea, avellabUlty of murtata and Ill ether cauau beyond our control. Prica1 ate baaed on c::ou and conditions eid111ng on the data of quOllllon arul n 1ubject to change by tlNt Seller before fine! accep!llnce. °fyl)ograpnical and 1t•nographic IITOrl art sut,jlCI ta conctlon. Condlllonl not 1pedllcally a1al8d hlnln 1h1tt be govtmed Dy Nlalllllllltel !ride cuatcm1. Tem,1 lnconutent with thoM 11119d hel91n which may appear on the Pun:i-(1 fom,11 o!Uet' wtR noc be binding on tile Seller. Page 2 wwt 1656R £0d 08£ EXHIBITB ~ "QNI QOOMlN~S lc09-S~£-019 • • • I· 0 • Littleton/Englewood, CO WWTP WWT1656R ... QUOTATION • • -.. .. • PO 8o x 605 / 610 Morgantown Road Reading , PA 1Q603 USA phone : (810) 37o4-5109 fax : (610) 376-8022 WATER TECHNOLOGY GROUP / 12 . Please be advised that the media for this order is a custom product specific to this project, therefore we cannot accept any return of media, plus in the event of cancellation of this order by the customer payment will be made to Brentwood for material purchased and work in progress and work completed at the time of cancellation . All change orders shall be contingent upon mutual written agreement of the customer and Brentwood Industries, Inc. 13. Our price is contingent upon this quotation being made a part of the purchase order and that any additional terms would be negotiable at the time of this issuance, subject to our acceptance . l'0d 08£ Pap3 EXHIBITB llt=til "CIN I a~ ~-0t9 wwtl6S6R • r ) I . 0 • • • .. • - COUNCIL COMMUNICATION Date Agenda Item Subject Purchase of a Fishing Pier for July 17, 2000 1ecll Centennial Lake Initiated By Staff Source Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Dave Lee, Manager of Open Spaces COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council previously approved the purchase of a handicapped accessible fishing pier in 1994, for the Department of Public Works. RECOMMENDED ACTION Staff recommends that,Council approve, ••1111111, lh91>urchase of a fishing pier in the amount of -..0.00 flan the loWest technically acceptable bidder, Mountain States Recreation, Inc. BACKGROUND, ANAL VSIS AND ALTERNATIVES IDENTIFIED There are currenUy two fishing piers at Centennial Lake. The most recent was installed in 1994 on the southeast shore of the lake. The second fishing pier, located on the northwest shore was installed in the earfy 1980's. The older fishing pier was constructed of wood and 55 gallon barrels for floatation . It is in urgent need of replacement due to age and condition. FINANCIALIMPACT Council approved funds for the purchase of a fishing pier in the 2000 Parks & Recreation budget. UST OF ATTACHMENTS Bid Specifications Bid Proposal Bid Proposal Tabulations Vender List Mountain States Letter • . ' I . 0 • • • • ··~. .• ... • • .. Bid specifications for Centennial Lake fasbing pier. Centennial Park 4630 S . Decatur St. Englewood. CO 80110 This pier is located in the northwest comer of the lake in Centennial Park. Bid prices are to include removal and disposal of existing wooden pier, engineering and installation of new pier. One -26.5 foot x 20 foot deck of modular construction with rail. Deck is to be constructed of Polyethylene with UV inhibitors. Sections are to be air filled. no foam . ADA compliant non-slip surface, drain system and railings. Railings are to be bot-dipped galvanized. Sections are to be easily replaced in the event of damage or vandalism . This Pier will be permanent and must be able to handle year-round use. Anchored by 4 -500 pound deadweigbts with 3/8" chain. One -5 foot x 20 foot Aluminum gangway with rail. Railings are to be bot-dipped galvanized. Hinged to existing abutment. Hinged at deck to gangway . ,. - I . 0 • • • • • -' l ll11 -J, -v u j,lli (.l,J J ;j, .0 r.11 ITEM NO. l. BID ?ROPOSAL CENTENN I AL LAKE FISHING PIER DESCRIPTION Centennial Lake TOTAL BID -- ESTDIATED QUANTITY l . . BID ?RI CE sJ3 .9w- l Esti."!lated date of del 1 very 0 1111<.-3D 2000 ---------------- ALL 19.TERIAL F .O .B. CITY OF ENGLE11CCD 4630 S. DECATUR ST. EHGLEWOCD, CO 80110 LWOICING TERMS __ Af._~....!·+_.:....15:_J::.;."f:.::·.t ___ _ PRICE QUOTE FIRM FOR ,o DA YS. EXCEPTIONS: ______________________ _ BY: 5-3/-t>b CATE NAME ( PLEASE PRINT) -Zli~ S I GNATURE • ... r . Jc. I • 0 •• • -. • I• .. • • City of Englewood Bid Tabulation Sheet Bid Opening Data: May 318, 2000 10:00 a.m. Bid Item: Centennial Lake Fishing Pier ' Vendor FISHING PIER Total MOUNTAIN STATES RECREA noN $23,950.00 $23,950 .00 2515 S. MEADE ST. DENVER, CO 102ft ERIIOLD PARK & RECREATION PRODUCTS N/R P.O. SOJC 3'0 (/ EASTLAKE, CO IOl14 CHURCH/CH RECREATION NIB 717' FOUR RIVERS ROAD BOULDER, CO 10301 CHILDREN'S PLAYSTRUCTURES, INC. NIB 12441 IIEAD WAY LITTLETON, CO 80125 Page I • • 0 EKceptions: NONE LISTED (1 0 VIB ROLLERS TAB - • • BID ITEM: Centannlal Lake Fishing Pier PAGE TWO VENDOR ALEX RACHAK RECREATION, INC. P.O. BOX 1221 FORT COLLINS, CO IOl21 E. J. RENNER & ASSOCIATES 2208. TAFT LAKEWOOD, CO 80221 NIB•NO BID NIR • NO RESPONSE • .. • • 0 FISHING PIER TOTAL EXCEPTIONS NIR NIR • 0 Pege2 VIB .ROllERS TAB -. • ,_ ·~ ..... • - Vender List Centennial Lake Fishing Pier Mountain States Recreation, Inc. 2585 S . Meade St. Denver CO 80219 Todd Stone Ermold Park & Recreation Products P .O . Box340 Eastlake, CO 80614 Les Ennold Cburchicb Recreation 7174 Four Rivers Road Boulder, CO 80301 Bob Cburchich Children's Playstractures Inc. 12441 Meade Way Littleton, CO 80125 John Sphatt Alex Racbak Recreation, Inc P .O . Box 8228 Fort Collins, CO 80526 E.J. Renner & Associates 220 S . Taft Lakewood, CO 80228 • .._ . .. ' I· 0 • • May 31, 2000 City of Englewood Pun:hasing Division 2800 S. Platte River Dr. Englewood, co 80110 Ann: Pun:hasing dept., ·~ • • - Thank you for the opportunity to bid on the Ccmennial uke fishing pier project. Following you will find my bid as -11 as specificalions and wanmy infonnalion for EZ Dock floating dock sys1ems which is the product I am biddin1- ' -PrpdllCt 11611 ii ill 111 a rdaa r wtlll ... .....-111 ... bid. We are biddilla to die ewe ........_ .,~ ....... ....... act ................ ._..,._ ..... _ If requesied. I will be happy to break OUl the costs of demolition of the existing 5lnlCtUre.. supply of the new ~. md imlallalion of the new sy!lml. Please contact me 11 (303) 936-231 S should you have questions or require additional infonnaban. Thank you for your consid«alion. SinarelY. ~--- Presidcr11-Mcu111in Slates Recreation Colorado EZ Dodt Representative 2585 South ~leade St . Denver, CO 80219 phone: 303-936-2315 fax: 303-92:?-5323 . ' ) I • 0 • • I . ' -. • r •,. • -... COUNCIL COMMUNICATION Date Agenda Item Subject: July 17, 2000 INITIATED BY: Department of Public Works 10ciil Purchase Street Operations Equipment STAFF SOURCE: Ken Ross , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . RECOMMENDED ACTION Approve, ~ malon. 1w purchase of one Asphalt Roller from Honnen Equipment Company in the 8fflCU1t" Slll,124.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Vehicle no. 3254, an Ingersoll Rand Roller, is scheduled for replacement in 2000 through the Capital Equipment Replacement Fund (CERF). FINANCIAL IMPACT Requests for B id were sent to nine (9) vendors ; three (3) Bid Proposals were received. Power Equipment Company submitted two separate bids. Their low bid was for a smaller piece of equipment and does not meet our specifications . Honnen Equipment Company Power Equipment Company Faris Machinery Company $69,924.00 $40,252.00 & $90,538.00 (2 b ids submitted ) $75 ,305.00 The low bidder, Honnen Equipment Company, can provide the requ ired equipment. Funds are available in the CERF to cover Honnen's bid price of $69,924.00. LIST OF ATTACHMENTS Bid Tabulation Sheet ... ) I· 0 • • • City of Englewood Bid Tabulation Sheet Bid Opening Date: May 4, 2000 2:00 p.m. Bid Item: Vibratory Asphalt Compactor VIBRATORY ASPHALT PARTS SHOP Vendor COMPACTOR MANUAL MANUAL BOBCAT OF THE ROCKIES NIB 7000 EAST 51TH AVENUE COIIIIERCE CITY, CO IOll22 FARIS IIACHINER'I' CO. $75,305.00 NIC N/C 5no EAST nTH AVENUE COIIIIERCE CITY, CO IOll22 POWER EQUIPMENT CO. $40,252 .00 $125.00 $100.00 500 EAST 12ND AVENUE $90,538.00 $125.00 $100.00 DENVER, CO 10201 DENVER EAST IIACHINER'I' NIR 15!07 EAST 11TH AVENUE AURORA, CO 10011 IIACDONALD EQUIPIIENT NIR 7 JJJ US. HWY. 15 COIIIIERCE CITY, CO 10022 • • - 0 TOTAL OPT.1 OPT.2 OPT 3 EXCEPTIONS NIB $75,305.00 $300.00 $125.00 $100 .00 NONE LISTED S40,4n.oo STD EQUIP STD EQUIP STD EQUIP MODEL HYPAC C754A • NONE LISTED $90,713 .00 STD EQUIP STD EQUIP STD EQUIP MODEL HYPAC C766C • NONE LISTED NIR NIR 0 Page 1 VIB ASPHALT COM P.TAB •· • 1..-., -• 'I -.. .. 0 VIBRATORY ASPHALT PARTS SHOP Vendor COMPACTOR MANUAL MANUAL TOTAL OPT . I OPT . 2 OPT 3 EXCEPTIONS HONNEN EQUIPMENT CO. $69,924.00 N/C N/C $69,924.00 INCLUDED $836.00 INCLUDED SEE ATTACHED 5055 E. 12ND AVENUE COMMERCE CITY, CO 60022 POWER MOTIVE CORP. N/R N/R 5000 VASQUEZ BLVD. DENVER, CO . 10216 FOSTER EQUIPMENT CO. N/R N/R 12139 WELD COUNTY RD. tu BRIGHTON, CO B0l01 MUNICIPAL & CONTRACTORS N/R N/R EQUIPMENT 5700EUD0RA COIIIIERCE CITY, CO 10022 •r NIB= NOBID N/R = NO RESPONSE • 0 Page 2 VIB A SPHALT COMP TAB • • • • • • - ORDINANCE NO._ SERIES OF 2000 BY AUTHORITY ' J{lr! COC 1 CIL BILL NO . 33 1:--:TROD CED BY COUNCIL '.\lE:\IBER BRADSHA\\ AN ORDINANCE APPROVING THE PLANNED NIT DEVELOPMENT (P .U.D.) FOR HAWTHORN SUITES, LTD . HOTEL TO BE LOCATED AT SO TH PENNSYLVANIA STREET AND U.S . HIGHWAY 2 5, I:--: THE !TY OF ENGLEWOOD, COLORADO . WHEREAS, Michael D. Plante and Paul C. Zwieb el s ubmitted the Hawthorn Suites Ltd. Hotel submitted a P.U .D preliminary site plan in May 1998 and the formal application in September 1998: and WHEREAS, the subject site is located at the northeast and northwest corners of South Pennsylvania street and US Highway 285 and 1s co mposed of two parcels totaling .8 1 acres; and WHEREAS the application requests rezoning from R-3 High Density Residence to a PUD to allow a "hotel" as a permitted principal use and remove single-family and duplex uses from the proposed district; and WHEREAS, the existing single-family residential structures will be allowed to remain until the hotel is developed : and WHEREAS, the prop o al for Hawthorn Suites includ es a 52 room extended stay hotel and associated parking; and WHEREAS , the prop osed Hawthorn Suites Ltd. Hotel PUD meets the mtent of the PUD Ordinance by providing for a use that 1s compatible with adjacent uses: and WHEREAS, the overall site layout fits within the co n straints created by the size and configuration of the pa rcels; and WHEREAS . allowing hotel use and removing low density residential uses from the proposed district i consiste nt with the 1979 Comprehensive Plan that designated the East Hampden Corridor as ··a Mixed-Use/Medical Di s trict" accommodating medically- related bu inesse s. including motels; and WHEREAS, standard City parking regulations for hotels require a mmimum of 56 parking spaces for this project and the proposed P UD 52 parking spaces based on the position that an extended stay hotel creates a smaller parking demand; and WHEREAS. the parking demand analysis provided by Hospitality Real Estate Counselors, Inc. (HREC) demonstrates sufficient parking for this PUD based on guest dri\.;ng patterns, number of employees and proJected occ upancy rates; and WHEREAS, City staff believes that the proposed 52 pa rking spaces are adequate for a specialty hotel use at this location; and -l - • ) I • 0 • • • Date July 17, 2000 • i ; ~ •• ... • • ... COUNCIL COMMUNICATION Agendattem 11 bi Subject Council Bill 33 Hawthorn Suites Ltd. Hotel Planned Unit Development INmATED BY Community Development STAFF SOURCE Tricia Langon, Planner RECOMMENDED ACTION Staff recommends that the proposed Planned Unit Development be denied since Council did not approve the requested financial incentive package . An approval of the PUD would encumber the property by conditions imposed by the rezoning . This recommended action is consistent with the Mr. Plante's statement that he did not want the Planned Unit Development to move forward without city incentives. BACKGROUND Council considered the proposed 52-room Hawthorn Suites Ltd. Hotel Planned Unit Development at Public Hearing on May 15 , 2000 . Applicant Michael Plante requested financial incentives of approximately $732,000 over the lifetime of the incentive package . Council continued the Public Hearing and directed staff to research and analyze the request. On June 27, 2000, during the continued Public Hearing, staff reported that hotel funding had not been secured, and it appeared that the applicant intended to use the requested City incentive to leverage a financial package . Staff concluded that any financial incentive package was premature. Council moved to close the public hearing without further consideration of the requested incentives . ' . ' I· 0 • • -• • . .. ~-... • -.. WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on March 7, 2000 reviewed the proposal: and WHEREAS, the Englewood Planning and Zoning Commission recommended approval with additional conditions to the P .U .D .; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : $ectjon 1. The Englewood City Council finds that: 1. The applicant has submitted a detailed parking demand analysis, for inclusion in the information sent to City Council prior to the Public Hearing. 2. All fences shall comply with sight-distance triangle requirements. $ectjon 2. The Planned Unit Development attached a s ·'Exhibit A" for Hawthorn Suites Ltd. at the location of Northwest and Northeast co rners of US 285 and South Pennsylvania Street is hereby approved. Introduced, read in full , and passed on first reading on the 17th day of April , 2000. Published as a Bill for an Ordinance on the 21st day of April, 2000. Thomas J. Burns. Mayor ATTEST: Brenda J . Castle, Deputy City Clerk I, Brenda J . Castle, Deputy City Clerk of the City of Englewood. Colorado, hereby certify that the above and foregoing is a true copy of a Bill fo r an Ordinance. introduced, read in full , a nd passed on first reading on the 17th day of April, 2000. Brenda J . Castle -2 - ' .. • I • A ) I • 0 • • • • .. • -' Public Hearings were held on May 15.a., 2000 and on June 27th, 2000. Read by title and passed on final reading on the 17th day of July, 2000. Published by title as Ordinance No .~ Series of 2000, on the 21st day of July, 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis. City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2000. Loucrishia A. Ellis -3 - • . ' ·. .. ) I • 0 • .. ,. -.. . ¥ • - . . • ... ... See. c9 A. ii 1 ~ A-I fYJ It p- l} ffuJ-1-h o I{~ £.;+es J..k -1-eJ ? t./J) / N (!.C M«.e..,-I-/AJy Pflte f<e.1.-~-9-XI i 17 _1.007:) • • I· 0 • • • RESOLUTION NO . CJ( SERIES OF 2000 2-( .. • .. • • A RESOLUTION DECLARI NG THE INTENTION OF THE CITY COU NCIL OF ENGLEWOOD, COLORADO . TO CREATE A SPECIAL IMPROVEMENT DISTRICT TO MAKE IMPROVEMENTS TO THE ACOMA STREET PARKING LOT. ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT. AND DIRECTING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE REAL PROPERTY IN THE DISTRICT. WHEREAS, the Englewood Downtown Development Association (E .D.D.A.) has requested that a development plan be created: an improveme nt district be formed and a vote of the members of the district be held to incur debt to co nstruct improvements m said district; and WHEREAS, the Englewood Downtown Development Assoctat1on (E .D.D.A.) has presented this plan to the Englewood Urban Renewal Authority (E .. R.A.) a nd on J une 21. 2000 the E .U.R.A . voted to approve a Tri-Party Agreem ent with minor a mendm e nts and E .D .D.A. approved the Tri-Party Agreement on June 22 . :WOO : a nd WHEREAS . based on t his request , the City Co uncil of the ity of Engle wood . Color ado has determined that it 1s necessary to create a s pecial 1m pr o"e ment distnct w1 t lun t he City for the purpose of constructing improvements to the Aco ma Street P a rking Lo t . to gether wi t h necessary incidentals within the proposed special improve me nt distnct. all as se t fo rth in this Resolution ; and WHEREAS . based on this request, the City Council of t he City of Englewood , Colorado has determined that it is necessary to assess and apportion the costs of the improvements against the real property s pecifically benefited by the improve ments and included within the district, as described in "Exhibit 1 of the Notice"; and WHEREAS , the proposed project consists of improvements to the parking facility at the Acoma Street Parking Lot as s hown on the attached "Exhibi t 2": and WHEREAS , E .D .D.A. h a s prepared and submitted prelim inary plans and specifications WHEREAS . E .D .D.A. in conjunction with City staff. ha s prepared and submitted, es timates of costs , maps a nd schedule for the proposed improvements ; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO : 1. Based on the request of the Englewood Downtown Development Association (E .D.D.A.), the City Council of the City of Englew ood , Colorado has determined that it is necessary to create a special improvement dis tnct within the City for the purpose of constructing improvements to the Acoma Street Parking Lot, together with neceaaary incidentals within the proposed s pecial improvement district, all as set forth in this Resolution; aa said district is de scribed in the notice hereinafter set forth . 2 The dellip to be uaed in the conatruction of the proposed improvements is set forth in the Architect'• deaign and is generally described in the notice hereinafter set forth . •· ) I • 0 - • • • ... • - 3. The costs of the special improvement district shall be assessed, by ordinance. upon all the real property within the district based upon the benefit conferred by the improvements upon each parcel of realty witlun the istrict. If the assessment 1s not paid in full within t he period of time set forth m the assessment ordinance, the amount and time of payment. and the rate and time of payment of interest shall be determined by the City Council as set forth m the asse ssment ordinance. 4 . The real property to be assessed for the improvements s hall be the real property within the Distnct apecially benefited by the improve ments, wluch property is located within the respective zone described in the notice hereinafter set forth . 5. Notice of the public hearing on the creation of the District shall be published once a week for three (3) consecutive weeks in the Englewood Herald, a newspaper of general circulation in the City. In addition, a cop y of s uch notice shall be mailed . postage prepaid. to each known owner of real property within the proposed District. However, such noti ce of hearing by publication and by mail as well as the hearing itself. may be waived by agreement of all property owners witlun the distnct. The published and mailed notice shall be in substantially the following form : NOTICE OF THE INTENTION TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN ENGLEWOOD. COLORADO . TO BE KNOW~ AS ACOMA STREET PARKING LOT SPECIAL IMPROVEMENT DISTRICT. FOR THE PURPOSE OF CONSTRUCTING AND l :S:S T.-\LLING CERT . .\IN P UBLI C IMPROVEMENTS WITHIN THE CITY A~D PROVIDING FOR AP BLI C HEARING THEREO~. All owners of real property hereinafter described. and a ll persons generally, are hereby notified that the City Council of Englewood , Colorado , pursua nt to its own irutiative has adopted preliminary details, plans, and specifications for the construction of the Acoma Street Parking Lot improvements, together with necessary incidentals. within a proposed special improvement district within the corporate limits of Englewood, Colorado, to be known as Acoma Street Parking Lot Special Improvement D1 s tnct. Said persons are further notified as follows : I. CREATION OF DISTRICT. The Englewood Downtown Dev elopment Association (E .D.D.A.) has requested that a development plan be created: an improvement district be formed and a vote of the members of the district be held to incur debt to construct improvements in said distnct. The Englewood Downtown Development Association (E .D.D.A.) has presented this plan to the Englewood Urban Renewal Authority (E .U.R.A .). The E .U.R.A. and E .D.D.A. voted to approve the Tri-Party Agreement. Based on this request. the City Council of the City of Englewood, Colorado has determined that it is necessary to create a special improvement district within the City for the purpose of constructing improvements to the Acoma Street Parking Lot, together with necessary incidentals within the proposed special improvement district, all as set forth m this Resolution . Based on this request, the City Council of the City of Englewood. Colorado has determined that it is n ec essa ry to assess and apportion the costs of the improvements against the real property specifically benefited by the improvements, as described m "Exhibit l " and included within the district . • .... ) I • 0 • • • • - II . DESCRIPTION OF PROPOSED DISTRICT AND IMPROVEMENTS. (a) The proposed District s hall include all of the real property fronting or abutting on the s treets hereafter described on the attached map . Adjustments for the a88essment of cos ts will be made for irregular a nd odd-shaped lots and parcels of property. (b) The improvements to be constructed or installed are renovations to the Acoma Street Parking Lot between Englewood Parkway and Girard Avenue . to include an increase in parking spaces and additional landscaping. (c) The estimated total project cost of the improvements is eight hundred and thirty-six thousand dollars and forty cents (S8 36 .600.40) The total amount of such costs will be assessed against the pro pe rty within the district. (d) The costs of the parking lot improvements, h all be assessed by ordinance upon each parcel of real property within the d1 str1ct based upon the benefit conferred by the improvements upon each parcel of realty within the district. The benefit will be calculated by talung m to con s ideration the number of off- street parkmg spaces required by Cit y zorun g la ws a nd the actual number of off-street parking spaces which are presently provided by the owner. F or the purpose of assessing the costs of the parking improvements. the district will be divided mto a Primary Zone (bounded on the n orth by Englewood Parkway. on the east by South Broadway, on the west by the alley between South Broadway and South Acoma Street and on the south by Hampden Avenue). and a Secondary Zone (bounded on the north by Girard Avenue on the south by Hampden Avenue on the east by the alley between Broadway and Lincoln Avenue on the we st by Broadway, see attached "Exhibit l". D...eficient s paces m · Zone will be assessed at two times the rate for defiClent s pad~s in the Secondary Zone . t us es a s a , o cost ra 10n tween t e ~e-estimated cost m the Primary Zone is 1630.80 per parking space wruch is lacking and in the Secondary Zone is 815.40 per parking space which is lacking. No credit will be given to any property owner for proVldmg more parking tha n is required. If the assess me nt is not paid m full w1thm the penod of time set forth in the assessment ordinance . the amount and t ime of payment, and the rate and time of payme n t of interest s hall be dete rmined by the City Council as set forth in the assessm e nt ordinance. See Exh1b1t 2 -City of Englewood Recommended Method of Assess m e nt . III. THE HEARING ON THE CREATION OF THE DISTRICT. (a) A hearing on the creation of the district will be held by the City Council on August 7, 2000. at 7 :30 P .M ., in the Counci l Cha mbers , Civic Center 1000 Englewood Parkway , Englewood , Colorado. (b) Any person desiring to be heard upon the is s ue of the creation of the district or upon the construction of the improvements involved. may appear at the time and place set for the public hearing thereon for that purpose . • I • 0 • • • ; ~_. ... .. ·~ • ' -.. 6. A copy of the notice which will oe published shall also be mailed, postage prepai d. to each known owner of real property to be included within the proposed district, unless such mailing is waived by agreement of all property owners within the proposed District. 7. There shall be prepared an ordinance which creates within the corporate limits of the City, a special improvement district to be designated as Acoma Street Parking Lot Special Improvement District; and which provides for the construction and installation of the improvements, all as described in this Resolution, and in accordance with the preliminary report, plans, maps, specifications, details and estimates of costs herein referred to and now on file in the office of the Director of Public Works . It is anticipated that the ordinance will be considered for passage on first reading by the City Council at a regular meeting thereof to be held on August 7. 2000. 8 . Should any one or more sections, paragraphs. clauses, or provisions of this Resolution be judicially determined invalid or unenforceable, such determination •hall not affect, impair or invalidate the remaining provisions hereof, the intention being that the various provisions hereof are severable . EXHIBITS: Exhibit 1 -Map of the District Exhibit 2 -City of Englewood Recommended Method of Assessment ADOPTED AND APPROVED this 17th day of July , 2000. ATTEST: Thomas J . Burna, Mayor Loucriahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the a bove is a true copy of Resolution No .~ Series of 2000. Loucriahia A. Ellis Publiah in : Endewood Herald Published on July 21 and July 28, and Auruat 4·2000. ' . ' • 0 I • 0 - lJJ X .C: ·rl .n ·~• •' I so, 235.5 JGLEWOOD • • i,-: (/) ,n 125 / t-' ____ 023 ___ _ n --------4 50' "' 024 ! c, ,, , ---GAl">USG <{ ~ --------- 0 u ----------:, <{ ----,--- 'tJ{_L~£N _ $.U.Jj; --~i ------- ._ 02 ~ ----,,. ~ .ii. ~ ~----~ I ----•---ii ~ ·f · -:) -----~~ 0 (/) /3 50 ·--------i4 125 H/\ M'PD --,- • • • - .. ,. (9) @ .. 2 .. Q 019 • /4 --,j 22 _ Q05 a . _ ADIJI T 10~~ 21 -----~ jg ,,, ___ .()()4 ... .,. "'lo ----. --7'1 125 (28) ~ 033 ~ I ~ :) 0 (/) ,~ J1 ? _J 0 ,._J :Z. I 0 P~[hll [R -9 3 AOllfT I N /6 --------; ooi -, -ooe 15 ---------,, 12 75 ; U02 ~ • ----. -";,14 6 ---;~ 5 _ _ _ _ oo~ I _ _ _ ___ _ 75 pr,l FR 5051 I ADDITION "'20 rI 61 : -----~ .... --------,1 I--------- ,; I I 0 11 1 , __ ------,, ! ~ --------/7 I ~ :) 0 (/) ------------28 , ~ ""' ~ 1---1'74.,.., -,...~...::.....-...,,,2""s,._-r4==-o::::,1 1 014 015 ~ ~:I 0 ,n I ... I~ I 125 R 1Z ~P576 141 @ 016 ., ~ "' ::., Q. ~I ., I ... .;; "' s: I w,f/J D ~I 'fteo· .. ~I ii 2H ., _J ·on "' 0 - • • • • , ........ • -' CITY OF ENGLEWOOD RECOMMENDED METHOD OF ASSESSMENT .. E X H l B l T Note: Total costs were based on the City Engineering Yu, 2000 unit cost estimates 2 reformulated by City Staff and the EDDA; estimate landscaping costs were obtained from the EDDA parking lot architect; underground eledrical estimate came from Public Service Company . · The total estimated cost of the parking lot. $836,600.40, will be assessed to owners in the parking lot district based on parking shortage for each property involved . An estimate of $1,630.80 for each space of shortage in the primary zone (see attached map), and $1,630 .80 + 2 for each space of shortage in the secondary zone was calculated as followS: Primary zone shortages Secondary zone shortages 353 spaces 320 spaces 353 + 320 + 2 = 513 shortage $836,600.40 + 513 353 spaces X $1,630 .80 = $1,630 .80/space primary zone $1,630.80 + 2/space secondary zone = $575 ,672.40 assessed to primary zone 320 spaces x $1,630.80 + 2 = $260 ,928 .00 assessed to secondary zone Total Assessment $131,800.40 .. • . ' 0 I· 0 - I . ...... • • Date July 17, 2000 Initiated By En lewood Urban Renewal Authori • . ..... • - COUNCIL COMMUNICATION Agenda Item Subject Resolution of intent to create a 11 c i special improvement district to make improvements to the Acoma Street Parkin Lot Staff Source Frank G lewicz, Executive Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made ensuring the health of the City's business community an ongo ing priority . RECOMMENDED ACTION Staff recommends the City Council approve the attached resolution form ing an improvement district t o make improvements to the Acoma Street Parking Lot. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Downtown Development Authority {EDDA) has requested the City Council pass a resolution of intent to create a special improvement district to make improvements to the Acoma Street Parking Lot. Alternatively , the Council can require the EDDA to obtain . by petition , the required number of signatures of property owners that represent at least assessed fifty percent of the total planned assessment. The business owners in the area around the Acoma Street Parking Lot have become concerned that a developer could approach the Englewood Urban Renewal Authority (EURA) with a plan to purchase and develop the parking lot. The development could eliminate or reduce the parking that is vital to existing businesses in the area. W ith this in mind, the EDDA began studying ways to insure park ing would be available to existing businesses and develop the property that borders Broadway and the Englewood Parkway to the north . The EDDA proposed that a development plan be created, an improvement district be formed , and a vote of the members of the district be held to incur debt to construct improvements . Each of the following items w ill require the approval , by ordinance , of the Council. The debt, if approved by a vote {of the affected property owners or all registered voters) would be paid through assessments on properties in the district over ten to fifteen years. The EDDA presented this plan to the EURA on several occasions, and on June 21, 2000, the Board voted to approve the first step in the development plan by approving Tri-Party agreement between the City, the EURA, and the EDDA. The EDDA approved the Tri-Party agreement the following ~ay. This creation of this improvement district will allow the EDDA to place a question on the November, 2000 ballot to incur debt for improvements to the Lot that will be repaid with assessments on the properties in the district. If the district is formed and the bond issue is not passed, assessments may be levied and collected for the entire amount, which could cause serious financial hardships on businesses in the district. • . I • 0 • • • • -' A The City Council must also set the time and place for a public hearing on the creation of the district. Notice of the public hearing must be published three times, and notice must also be sent to each owner of property in the proposed district. FINANCIAL IMPACT This action will not directly impact the revenues of the City of Englewood, but it may help sustain . and possibly enhance sales tax revenues that are collected in the areas surrounding the Acoma Street Parking Lot. UST OF ATTACHMENTS Proposed resolution ' •• I . 0 J- • • 1 . 2. 3. 4. I• ,. ' • ·~ • -' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY,JULY 1 7, 2000 7:30 P.M . Englewood Civic Center 1000 Englewood Parkway Englewood , CO 80110 Call to order. f] : c./J? ~ Invocation. ~ Pledge of Allegiance . ~ Roll Call. 5. Minutes . .. ~ ~~tes 'n,";,;;:;,:••s Spedal (;ty Coundl Meeting of June 26 , 2~ 6 . Scheduled Vi s:s.~l::::it your presentation to ten minutes .) • ~ . • 7. Unscheduled Visitors . (Please limit your presentation to five minutes.) 8 . y Communications, Proclamations, and Appointments . lpfj-JJ A proclamati~~oriJg~ H.Jl:.ol? 1Rusy as E~glewood's Citizen of the Year for 2000. 10~ ~q-61roclamation declaring Augu~B,l;~al Night Out. A 11-:JJ .__; A letter from Jjsten 9m~on i~diJtting her resignation ro IMN"f" l{.,{J Beautiful. /~ PINN note: If you haw • dlaablllty and Med auxUlary aids or wvlces, ..... notify the City of Englewood (303-762-2405) at INat 48 hours In advanm of wlW'I wvlces .. naaded. Thank you . ~-. " . , ) I . 0 • • Englewood City Council Agenda July 17, 2000 • • - Page 2 · -:-... -, ~.,,,oQ A letter from J .. Lil !~'.Yl'.~~-_i:a~ her re signation from Keep Englewood ~T(j Beautiful. !/vtvrr qv 0i .J 91 e.,o.Jj~tion appointi~g KatJJ.y_1s~enfelt~o th 1]~1ir.oo~ Downtown ~-7rr:,e~ef6pmentAuthonty. /J;J.r~ v~ ./} •. __JJ_ ~ 1~ resolutio~~~!l~~g Laurett BaJre_n!jn 7 !O the Englewood Liquor Licensing ~-JfTi";'!Jhonty.VIJ~ ~M.Af.../ f!.ko;/t.!)L ~fi'>il',;o" appo;,i;,g Da,;d B<eceto,;;;; Keep E,glewood '""';f"I. ~ /},.,. .JJ.. .,d\ h. Mesol_uti_on reappointing Eji~ABertol~~~~'~glewood Cultur'}I,.,;-~ ~-•. _ . ~ ..:;)._J ~ ~mm1ss1on . f:l.f/ n]'I/Jr --v~ .(A..,. JJ,. ,:[) i. A resolution appointing1 ~~rij ~~~eron to the Englew,9od Code Enforce me~ /~ _:::iL-/.J "fjvisory Committee. {ft~ /1()1/--~ __ ~ ~ i(t,(!J://!: _!31 j.W .,..~ resolution appointing O I Doa to the Malley Center Tru st Fund. ~ J/Jl-~resol _uti_on ap~inting ohn Good ye ar to th,e ~nglewood Plann i ng and Zoning .~m1ss1on . ~ u~(/ . /),-1l.. /11( I. II~ reappointing Ke_n~ra Grj~~l.;/,'.lut~ Member to the Englewood fC,l,br)r ~ vr,a~-and Recreation Comm1ss1on . VVTvfl7'._...--~ ,/ O,. _ 11-f !J)-",}~~solution appointing Deb~ fujn_:~r to the Englewood Downtown f.PJY:fr ~ {l]'f ':lJelopment Authority. fO t,()..,(1/,/Kf/L/ ~ 0, .. Ji. f. 1., '!f~~<?~ reappointing J~~.:!,a;_~o t~e En~le~_J09 Downtown l,U(J.:fF--_J/2L ff.vtlop",,,{ent Authority. vv F/f'-" rYll-r~ /),. ·Jt-~rJ,o. ,' ..AJJ1oi~ reapR~nting_l._L.~f~Sr~the Engl~r Li ce n ing r<,UJ8 -~oVlty. It~(? ~ .JJ,,,, 11-&s c1 Aesoi_uti_on rea • ~ _ 1JT ~mm1ss1on. i!}A,J J ,C; qi O~~i~ecommA.ti~g ~or~een Norden for reappointment to the Englewood ~ _J/_:J (./"T ,-sing Authority . /if l,(J..,()J£-lJA...J /), .JI.. { ;(} r . A resolution appointing H~j_!:~~e::ch as a Yo_J.Jth )~~~~.~ ~ >!-:/ Englewood Beautiful. /'7 -,,,/)~ /f'l!f,/' ~ ~ ~g s. A re solution ap rnon Re ill to Englewood Planning and !'?.nflh. -Commission . -/Jtf' /11,C/L- /}, ,,-I_ NA ~'Juan appointinJ;ilfhn. R<}b~rt)t~ th~g~~ )~forcement ~ IAf7~is~ryComm1ttee.flJ'~ r~. f'1J{J../ ,:-,.JI() fl . Tl-0 Uk --' 'f-1: -u '11' PINN note: H you have a dlNblllty and need auxiliary (303-782-2405) at least 41 hours In advance of when • • or NfVk:H, pleae notify the City of Englewood en are neadad. Thank you • • I • 0 • • • •' • - Englewood City Council Agenda July 17, 2000 Page 3 9 . Public Hearing. 10. a. Public Hearing to gather input on Council Bill No. 48 , amending the Comprehensive Zoning Ordinance regarding Tattoo and Body Piercing Establi~:,· ~ ConsentAge1['"H) ~~~: (/J.V a. tip/vi o;Rdinances on First Rea~ ~ ) (! / -3 1. COUNCIL BILL NO. 55 -Recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance approving Southgate Supplement # 148. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. COUNCIL BILL NO. 56 -Recommendat ion from the Englewood Water and Sewer Board to adopt a bill for an ordinance approving Southga t e Supplement #149. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. Recommendation from the Englewood W.iter and Sewe r Board to adopt a bill for an ordinance authorizing a Quit Claim Deed for unclaimed land between the City Ditch and 4685 S. Maripo a Stree t and ubsequent grant of a City Ditch Easement . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. (1) COUNCIL BILL No. 57, granting a Quit Claim Deed . (2) COUNCIL BILL No. 58, granti ng a City Ditch Easement. iv . COUNCIL BILL NO. 59 • Re com mendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance approving an Amendment to the Wastewater Collection Sy stem Maintenance Agreement with Cherry Hills Village. STAFF SOURCE: Stewart H. Fonda, Director of Utilities . v. COUNCIL BILL NO. 60 • Recommendation from the Englewood Water and Sewer Board to adopt a bill for an ordinance acknowledging an Easement Agreement between Cherry Hills Country Club and the Cherrymoor So uth Water and Sanitation District . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. vi. COUNCIL BILL NO. 64 • Recommendation from the Department of Community Development to adopt a bill for an ordinance amending the Englewood Municipal Code relative to Adoption of the Official Zoning Map. STAFF SOURCE: Mark Graham, Senior Planner. Pleue note: H you have a dlaablllty and need auxiliary ald1 or service,, pleue notify the City of Englewood (303-762-2405) at least 48 hours In advance of when aervlcea ant needed. Thank you • -. • I· 0 • • - • ... . • -' Englewood City Council Agenda luly 17, 2000 Page 4 b . awi-::fl_ ~ !ii vii. COUNCIL BILL NO. 61 -Recommendation from the Department of Community Development to adopt a bill for an ord i nance amending the Englewood Comprehensive Plan to include a Regional Plan element and to schedule a public hearing for August 21, 2000 to gather public comment on this issue . STAFF SOURCE: Mark Graham, Senior Planner. viii . COUNCIL BILL NO. 62 -Recommendation from the Department of Park s and Recreation to adopt a bill for an ordinance authorizing the purchase of the Arapahoe Rental Property . STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. ix . COUNCIL BILL NO. 63 -Recommendation from the Department of Park s and Recreation to adopt a bill for an ordinance authorizing the lea se of th e Arapahoe Rental Property to the former owner of the property. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation. Approval of Ordinances on Second Reading . i. ii. Council Bill No. 39, amending the Englewood Munici pal Code relative to Sidewalk Sales. Council Bill No. 51 , increasing City of Englewood Non-Emerg ency Retirement Plan retirees benefits by three percent (3%). (Jl,/lf !1!L iii. Council Bill No. 53 , authorizing an Intergovernmental Subgrantee Agreement for the 2000 Arapahoe County Community Deve l opment Bio k Grant Program . Council Bill No. 54, ordinance amending Title 1 of the Engl wood Municipal Code pertaining to departmental organization . c . Resolutions and Motions. i. ii. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the partial replacement of plastic trickling filter media . Staff recommend s the purchase of 23,424 cubic feet of plastic trickling filter media in the amount of $101 ,910.00 from Brentwood Industries. STAFF SOURCE: Stewart Fonda, Director of Utilities and Jim Tallent, Operations Division Manager. Recommendation from the Department of Park s and Recreation to approve, by motion, the purchase of a Fishing Pier for Centennial Lake . Staff recommends awarding the bid to the lowest technically acceptable bidder, Mountain States Recreation , Inc. in the amount of $23,950.00. STAFF SOURCE: Jerrell Black, Director of Parks and Recreation and Dave Lee, Manager of Open Spaces. P ..... note: If you have • dlubillty and need auxiliary aida or NrVic:H, pleae notify the City of Englewood (303-782·2405) at least 48 hours In advance of when urvlces are neadad. Thank you • • I • 0 • • • .. . ..... • -.. ·Englewood City Council Agenda July 17, 2000 Pages iii. Recommendation from the Department of Public Works to approve, by motion, the purchase of an asphalt roller for the Street Operations Division. Staff recommends awarding the bid to the lowest technically acceptable bidder, Honnen Equipment Company, in the amount of $69,924.00. STAFF SOURCE: Ken Ross, Director of Public Works. 11 . Regular Agenda. c. Resolutions and Motions. ~""'; ~~ Recommendation from the Department of Finance and Administrative Services to adopt a resolution approving the formation of a Special District@ and to schedule a Public Hearing for August 7, 2000 to gather public input "J.r, on this issue . STAFF SOUR~..:;ii_!.Ktor of Finance an '6"/ ) Administrative Services. !IIJ{J.fj 12. General Discussion . a. Mayor's Choice . a . CityCenter Englewood Update. ~~~ ~~ b . Council Members' Choice . 13 . City Manager's Report. 14. City Attorney's Report. 1;;;;;/f tJ/) The following minutes were transmitted to City Council between Ju and July 13, 2000: • Englewood Police Pension Board meetings of January 13 and March 6, 2000 • Englewood Liquor Licensing Authority telephone polls of May 3 and May 17, 2000 • Planning and Zoning Commission meeting of May 16, 2000 • Englewood Cultural Arts Commission meeting of June 7, 2000 P'-nole: II you haw a clubillly and need awdllary aids or NrVlc:N, plNN notify the City of Englewood (303-712-2405) at INat 41 hours In advance of when Nrvlcea .. needed. Thank you . • • . ' I· 0 ----------------------,-----------~-----------------------------... ,-. ----~ - 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 l. 18 19 • 20 21 22 23 • 24 25 -. • .. .• • -' CERTIFIED COPY CITY OF ENGLEWOOD CITY COUNCIL REGULAR MEETING TRANSCRIPT OF PROCEEDINGS July 17, 2000 .. Proceedings had on Monday, July 17, 2000, at 1000 Englewood Parkway, Englewood, Colorado, commencing at the hour of 7:45 p.m., before the following Board: Tom Burns, Mayor Douglas Garrett Beverly J. Bradshaw Gary Sears Olga Wolosyn Michael Yurchick Julie Grazulis A P P E A R A N C E S Daniel L. Brotzman, ESQ. ~·-· '' .sa....-. "·· 1 ' ' I II Ir 1, I, : Ii I , 11 Ii 1, "'...,~...._. S... IOI.~-~ 1()11() (9()SJ m-,tst ~,n t!J()SJ m-,t• ) I . 0 [ • • I I • 1 2 3 • ~ .. .. ... • -' P R O C E E D I N G S MAYOR BURNS : I'll call the meeting to order. Please rise. Father, in your ideals of our thoughts and 4 actions, help us to progress in our endeavors for the 5 city and its people . Through Your knowledge and our 6 needs we ask for guidance so that we will be successful 7 and beneficial for all. Amen. 8 9 10 11 12 13 14 15 16 17 18 19 20 (The Pledge of Allegiance.) MAYOR BURNS: Roll call, please. THE CLERK: Council Member Nabholz? Grazul is ? MS. GRAZULIS: Present. THE CLERK: Garrett? MR. GARRETT: Here. THE CLERK: Bradshaw? MS. BRADSHAW: Present. THE CLERK: Wolosyn? MS. WOLOSYN: Here. THE CLERK: Yurchick? MR. YURCHICK: Here. THE CLERK: Mayor Burns? 21 MAYOR BURNS: Present. 22 THE CLERK: Six present and one absent. 23 MAYOR BURNS: The first item on the agenda at 24 this point starting with 5.a. "Minutes from the meeting 25 of Special City Council Meeting of June 26, 2000." Do we ~IS---."•· 2 :, 11 I, 11 I: I , Ii Ii I: ,,,,,_~,,,,_. S-.60I. ~-e,,,-,t. ttJtto <9091 m-,rsr -;,n (90911ff-trt111 ,. ' I· C, • I I I I I I I I I I I I I I I I I • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • • -.. have a motion? MS. BRADSHAW: I move for approval of the minutes of the Special Meeting of June 26, 2000. MS. WOLOSYN: Second. MAYOR BURNS: Please vote. THE CLERK: All votes are cast. Let the record show five ayes and one extension, that one extension being Council Member Grazulis. MAYOR BURNS: The minutes are approved. Scheduled visitors, we have no scheduled visitors th i s evening. Unscheduled visitors, we have no one who is assigned to speak tonight as an unscheduled visitor, but if anybody wishes to approach the Council and speak on any subject for five minutes, you are free to do so at this time. If not, then we'll move on to the agenda. Next are "Conununications, Proclamations, and Appointments." First, we have a proclamation honoring Harold Rust as Englewood's Citizen of the Year for 2000. We had this celebration last week, a week ago. It was a very nice evening . It was filled with many friends, and we actually signed that proclamation at that time we were formalizing. MS. BRADSHAW: Your Honor, I move for Agenda Item a.a. ~Is,,,.,... 'le. 3 I: ' ' ' ' • ;; I , 11 11 Ii It n,,,_-.,..... ,,___ s.. 6fJI. e.,,.-,-. ~ lflll() {,osJ m-1rs1 :;...n <90s1 m -11• I • 0 I I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 I 13 14 I 15 16 I 17 I 18 ~ 19 • I 20 21 I 22 I 23 • 24 25 I I • • •· . ... • - MR. YURCHICK: Second. MAYOR BURNS: All vote. .. THE CLERK: All votes have been cast. Let the record show six ayes. MAYOR BURNS: The proclamation is adopted. Next is a proclamation declaring August 1, 2000 as National Night Out. MS. BRADSHAW: Your Honor, I move for the proclamation proclaiming August 2, 2000 as National Night Out --August 1, 2000 as National Night Out. MR. YURCHICK: Second. MAYOR BURNS: Please vote. THE CLERK: All votes have been cast. Let the record show six ayes . MAYOR BURNS: The proclamation is adopted . Is anyone here to accept this document this evening? Fair enough. MR. OLSEN: Mayor, City Council, we thank you very much, as well, with the national leaders in organizing the National Night Out for several years now. You are also aware as well of Nancy Peterson's recent tragedy in the family. She is very active right now in the organization of National Night Out. I j ust talked to her tonight and pretty much have asked her not to go overboard on National Night Out this year. And I can ~,s....,....1 •. 4 SSS'llwl~""-· S....1111 . e.,,--. ~ ltJIIO UOSI m-tlSI ?A"X <30911ff-llt# ~ • I • 0 3 - I I I I I I I • .. • -' 1 tell you right now I told her if we don't have it, that 2 may be all right. I don't want to force her into working 3 like an alcoholic a workaholic like she normally does ; 4 putting all these hours in when she is in a major state 5 of duress. 6 So we'll try to do what we can. I can't 7 promise it will be the best one ever. But hopeful ly the 8 community will rally and be able to go out and put on a 9 good Night Out again this year. But you wi l l understand 10 if it is not as successful as it has been in the past, 11 but we're going to give it a try. So thank you very 12 much. 13 MAYOR BURNS: I would just like to comment I I I 14 that Nancy has done a phenomenal job whenever she d oes I 15 volunteer services, and we wish her the best and her I -~ I • • I I I 16 family the best. We certainly understand if we j us t d o 17 the best we can on National Night Out t h i s y ear, but I 18 think the troops will rally behind her. I agree with you 19 that Nancy needs to take care of her se lf and her family . 20 21 22 23 24 25 MR. OLSEN: We appreciate that and I wi ll tell her. Thank you. MAYOR BURNS: Next, "A letter f rom Kristen Gillmon indicating her resignation from Keep Englewood Beautiful." MS. BRADSHAW: Your Honor, I move that we ~~ .,-.1.s...-,.. "·· 5 1, I: i ' ' 1, I .u.,-..,..,...._"'-· s-,.1()1. s.,,--t. ~ IOfl() <,(SJ m-1a1 7.,n <StSJ m -11• . ' I • 0 - I I I I I I I I I I I I ~ I • I I • I I I I • • • - 1 accept Kristen Gillmon's letter of resignation because 2 she is leaving for college. 3 MS. GRAZULIS: On her veteran scholarship. 4 MS. BRADSHAW: Yes, on her veteran 5 scholarship. 6 MAYOR BURNS: Do we have a second? I'll 7 second. Please vote. .. 8 THE CLERK: All votes have been cast. Let the 9 record show six ayes. 10 MAYOR BURNS: The letter is accepted. And we 11 wish Kristen the best in her college career, and 12 appreciate her work in Keep Englewood Beautiful . 13 14 15 16 17 18 Next, we have a letter from J .L. Barnes indicating her resignation from Keep Englewood Beaut iful . MS. WOLOSYN: I move that we accept that. MS. GRAZULIS: I'll second that. MAYOR BURNS: Please vote. THE CLERK: All votes are cast . Let the 19 record show six ayes . 20 MAYOR BURNS: The vote is accepted. Now, a 21 series of resolutions that we do each year appointing a 22 various number of people to our Boards and Commissions. 23 24 I will go down to the podium and see how many of these folks are here. We're having a logistical discussion 25 here. ~ '.sa,.,.,... 'Jc. 6 I Ii I[ I ' : ' :, 1, Ii ns .,,....,_,,., ~-s.. 60I. e.,,--t. ~ ltJII() <,os1 m-,ar 7,,n <90s11ff-trt111 I • 0 • • I I I I I I I I I I I I I I I I I I I • I•• ·-.. • -' 1 First, 11 A resolution appointing Kathy 2 Ashenfelter to the Englewood Downtown Development 3 Authority. 11 4 5 6 7 8 9 10 11 12 13 14 15 16 17 MS. BRADSHAW : We need people to move them and second them. 8 .e. MAYOR BURNS: We need the resolution number. MS. WOLOSYN: I guess I move on Agenda Item MS. BRADSHAW: Do you need a second? MS. WOLOSYN: I move on Agenda Item B.e. MS. GRAZULIS: I'll second. MS. BRADSHAW: Okay. Have we got it now? Please vote. MAYOR BURNS: Please vote. THE CLERK: All votes have been cast. Let the record show six ayes. MAYOR BURNS: The resolution is adopted. I s 18 Kathy here, please? If any of these folks aren't here, 19 we'll see that they get their resolution and an Eng lewood 20 pin . 21 Next, 11 A resolution appointing Laurett 22 Barrentine to the Englewood Liquor Licensing Authority. 11 23 MS. WOLOSYN : I move on 8.f. 24 MR. YURCHICK: Second. 25 MAYOR BURNS: Vote, please. ~. S,.,,... "·· 7 . I! Ii ! I ,, I! 1, I: !ln'IIIMI~.,,,,,_-s-,. 60I. s.,,-,t. ~ ltJII() <sos, 1ff-trsr ,..n <SOSJ Tff-tr# ' ~ • ' . I • 0 • • I I I I I I I I I I I I I I I I I I I • '!<..• .. .. . ·, • -' 1 THE CLERK : All votes are cast. Let the 2 record reflect six ayes . 3 MAYOR BURNS: The resolution is adopted. Is 4 Laurett here , please? Okay. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next, "A resolution appointing David Brereton to Keep Englewood Beautiful ." MS. WOLOSYN: Your Honor, I move for 8 .g . MR . YURCHICK: Second. MAYOR BURNS: Please vote . THE CLERK: All votes are cast. Let the record reflect six ayes. MAYOR BURNS: The resolution is adopted. I s David here, please? I guess not. Next, "A resolut ion reappoint i ng Eric Bertoluz zi to the Englewood Cu l t ura l Arts Commission." Item 8.h. MS . WOLOSYN: Your Honor, I move for Agenda MS. BRADSHAW: Second. MAYOR BURNS: Vote, please. THE CLERK: Votes have been cast. Let the record show six ayes. MAYOR BURNS: The resolut i on is adopted , a nd I 23 believe Eric is here. 24 MR. BERTOLUZZI: Thank you, very much. 25 MAYOR BURNS: We very much appreciate Eric 's ~Is,.,,,-. 'le. 8 .: i I I: Ii I: 11 I: 399-.e~ ""-· s... 60I. ~-~ If/II() <5()91 m -1rsr 7,n (5()91 1n-,rtl4 ., I • 0 - • • I I I I I I I I I I I I I I I I I I I • • • ,. 1 work on that. Next, "A resolution appointing Gloria 2 Cameron to the Englewood Code Enforcement Advisory 3 Committee." 4 MS. WOLOSYN: Your Honor, I move for Agenda 5 6 7 8 9 Item 8. i. MS. BRADSHAW: The resolution is wrong. MS. WOLOSYN: I thought you said MR. GARRETT: But the resolution is wrong. MS. BRADSHAW: The agenda item is correct so 10 she'll be appointed to the Englewood Code Enforcement 11 Advisory Committee and we need that changed in the title. 12 MAYOR BURNS: I'm not following you here. 13 MR. GARRETT: It says --this says "Code 14 Enforcement." 15 MAYOR BURNS: Yes. 16 MR. GARRETT: The resolution is wrong. The 17 agenda item is correct. 18 MAYOR BURNS: I see. So we'll vote on the 19 agenda item. The agenda item appoints her to the 20 Advisory Committee . 21 22 23 amended. 24 25 MS. WOLOSYN: So an amendment to reflect that? MAYOR BURNS: Vote on the resolution as MS. WOLOSYN: Has it been seconded? MR. YURCHICK: Second. ~IS,_,_. 'lee. 9 I , I: Ii I! I, I! It SM'llwt~"--· S.. 6()1, ~-~ IDIIO (SOSJ 1ll-l1S1 ?AX (3091111-1144 .. I • 0 • -,.,._. .. • -' I 10 I 1 MAYOR BURNS : Please vote. Ii I 2 THE CL ERK: All votes h a ve bee n cas t . Let the 11 3 r e cord refl e ct s i x ayes . I 4 MAYOR BURNS : Is Gloria here, please? It is I I 5 adopted. Nex t, "A resolution a ppointing Opal Doane to i 6 the Ma lley Cente r Trust Fund ." I 7 MS. WOLOSYN : Your Honor , I move o n 8 .j. I , 8 MS. BRADSHAW: Second. I 9 MAYOR BURNS : Please vote . I, I 1 0 THE CLE RK : All votes have been cast. Let the 11 record show s i x ayes . I 12 MAYOR BURN S: The resol u tion is a dopted . I 13 Next, "A resolut i o n appointing John Goodyear t o the I 1 4 Englewood Planning and Zoning Commission." I 15 MS . WOLOS YN: Your Honor, I move for Agenda 16 Item 8 .k. I 17 MR. YURCHICK: Second . 11 I 1 8 MAYOR BURNS: Please vote. 19 THE CLE RK: All votes have been cast. Let the • I 2 0 r e c o r d show six a y e s . 21 MAYOR BURNS: The resolution is adopted . Is 1: I 22 John Goodyear here, please? I guess not . Nex t , "A 11 11 I 23 resolution reappointing Kendra Grazulis as a Yo u th Member 1, • I 24 t o t he Englewood P a r ks and Recreation Co mmi ssion ." • 0 I 25 MS. WOLOSYN: Yo ur Honor , I move for Agend a I ~-... 's,i..,.... "·· I 3"'111Nt~""'-· s,,ta6fJI. e.,,--. ~ IDII() (!JOSI m-t tsl ';A% (!JOSI ?ff-1144 -• • ' , ~r -' .. ~ ... •' . • ' . -.. I 11 I 1 Item 8.1. I 2 MS. GRAZULIS: Second it. I: t 3 MAYOR BURNS: Please vote. I 4 THE CLERK: All votes have been cast. Let the I 5 record show six ayes. I 6 MAYOR BURNS: The resolution is adopted. Is Ii I 7 Kendra here? There she is. Recognizing that Kendra is 8 reappointed, so we doubly appreciate her services. Next , I , I 9 "A resolution appointing Deborah Guinther to the I! I 10 Englewood Downtown Development Authority ." I , 11 MS. BRADSHAW: Your Honor, I move for Agenda I 12 Item 8.m. I 13 MS. WOLOSYN: I'll second. I' 14 MAYOR BURNS: Please vote. I 15 THE CLERK: All votes have been cast. Let the I: 16 record show six ayes. I 17 MAYOR BURNS: The resolution is adopted . Is I , I 18 Deborah here, please? "A resolution reappointing Sam I 19 Kaufman to the Englewood Downtown Development Authority." I 20 MS. WOLOSYN: Your Honor, I move for Agenda I: • I 21 Item 8.n. I i 22 MR. YURCHICK: Second. I : 1, I 23 MAYOR BURNS: Please vote. I 24 THE CLERK: All votes have been cast. • 0 I 25 MS . BRADSHAW: And he is not here. I ~ ...... ,~.'!-. I "9.,,_~,,,_. S-,.6fJI. e.,....t. ~lrJII() t,OSJ m-tlSI "},1%l!l()3J 111-111/4 • I I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 I 13 14 I 15 16 I 17 I 18 19 • I 20 I 21 22 I 23 24 I 25 I I • • I•• ,!) .. • -' THE CLERK: Let the record show six ayes. MAYOR BURNS: The resolution is adopted . I don't believe Sam is here. Next, "A resolution reappointing R.L. Lunders to the Englewood Liquor Licensing Authority." ... MS. BRADSHAW: Your Honor, I move for Agenda Item 8.o. MS. WOLOSYN: Second. MAYOR BURNS: Please vote. THE CLERK: All votes have been cast. Let the record show six ayes. MAYOR BURNS: The resolution i s adopted. Next, "A resolution reappointing Janet Moore to the Englewood Cultural Arts Commission." Item 8.p. MS. GRAZULIS: Your Honor, I move for Agenda MS. BRADSHAW: Second. And she is here . MAYOR BURNS: Please vote. THE CLERK: All votes have been cast. record show six ayes. Let the MAYOR BURNS: The resolution is adopted. Thank you, very much. "A resolution recommending Norleen Norden for reappointment to the Englewood Housing Authority." MS. BRADSHAW: Your Honor, I more for Agenda ~•NJ IS,_,_,. 'Jc. 12 It I, I: Ii I , 1, ",,,,_~,,,,_. s-,.60I. ~-~ 1tJ110 (9()91 m-1a1 -;,n <9091111-1144 I· 0 I I 1 I 2 3 I 4 I 5 6 I 7 B I 9 I 10 11 I 12 I 13 14 I 15 16 I 17 I 18 19 I 20 I 21 22 I 23 24 I 25 I I • Item B.q. • l• -. ~ • - MS. WOLOSYN: Second. MAYOR BURNS: Please vote. • ' THE CLERK: All votes have been cast. Let the record show six ayes. MAYOR BURNS: The resolution is adopted. I don't think she is here. I especially thank her. I think that is the third or fourth time that she has been reappointed to the Housing Authority. Next, "A resolution appointing Heather Radosevich as a Youth Liaison to Keep Englewood Beautiful." MS. GRAZULIS: I move for Agenda Item B.r. MR. YURCHICK: Second. MAYOR BURNS: Please vote. THE CLERK: All votes have been cast. Let the record show six ayes. MAYOR BURNS: The resolution is adopted. Is Heather here? It doesn't look like it. I think we did not have a resolution for Vernon Rempel because of the do you have one now? This is a resolution appointing Vernon Rempel to the Englewood Planning and Zoning Commission. MS. WOLOSYN: Your Honor, I move for Agenda Item B.s. ~. S,.,.-. "·· 13 Ii 11 II I, ! Ii ,i It SS,'ltlwt~""-· S..,6()1. ~.~toll() (S()SJ 111-ltst "},1% (S()SJ 111-1144 ,• ' .. ~ . ' . I • 0 I I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 I 13 14 I 15 16 I 17 I 18 19 I 20 I 21 22 I 23 24 I 25 I I -• • ••• .. • - 14 MS. GRAZULIS: Second. MAYOR BURNS: Please vote. Ii I. THE CLERK: All votes have been cast. Let the record show six ayes. MAYOR BURNS: It is adopted. We have to sign this one. Is Vernon here, please? I don't think so. I'm going to sign the resolution --or the certificate of appointment rather --the resolution appointing John Roberts to the Englewood Code Enforcement Advisory Committee. Item 8.t. MS. BRADSHAW: Your Honor, I move for Agenda MS. WOLOSYN: Second. MAYOR BURNS: Please vote. THE CLERK: All votes have been cast. Let the record show six ayes. MAYOR BURNS: The resolution is adopted. Is John Roberts here, please? Finally, a resolution appointing Tara Holmes as a Youth Member for the Parks and Recreation Commission. Item 8.u. MS . WOLOSYN: Your Honor, I move for Agenda MR. YURCHICK: Second. MAYOR BURNS: Please vote. THE CLERK: All votes have been cast. Let the I: [; I , Ii Ii Ii I! I , 11 I , I: I, ~·-' 'S,.,.-. "·· 999"11#1~ ,.__ s.-1111. s ,c ,, ~ IYJII() <,{)9J m-,a, -;,n <!J09J 1n-11"" . ' . I· 0 - ,, I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 I 13 14 I 15 16 I 17 ' 18 19 I 20 ' 21 22 I 23 24 I 25 I I • • ... •• it • • .. record show six ayes. MAYOR BURNS: The resolution is adopted. Is Tara here, please? I will sign this certificate. I'd like to say the members of these Boards and Commiss ions perform invaluable services for the City of Englewood. .. As I was saying these folks perform a lot of services for the City of Englewood, and they are invaluable. And I would like to have you give them a round of app l a u s e. We have a "Public hearing to gather i npu t on Council Bill No . 48, amending the Comprehensive Zo n ing Ordinance regarding Tattoo and Body Piercing Establishments ." hearing. MS. GRAZULIS: I move that we open the pub lic MS. WOLOSYN: Second. MAYOR BURNS: Please vote. THE CLERK: All votes have been cast . Let the record show six ayes . MAYOR BURNS: The public hearing is open. Trisha, would you identify yourself for the record? TRISHA LANGON, the Witness herein, having been first duly sworn, was examined and testified on her oath as follows: MAYOR BURNS: This is our new technology that we are happy to have, and we're still working with it. ~ I 5,-,,.., '!w . 15 It II I I ' I i I! Ii 9991twt~"---s.,,,6fJI. e.,,-,t. ~ tot10 <90911n-1rsr -;~ <90.JJ 1n-,r"4 ,. . . . ' I· 0 J • 't,, .. • -' 1 MS . LANGON: I'm Trisha Langon, Planner of the 2 Community Development Department. Before you tonight is 3 a public hearing on Council Bill Number 48, public 4 hearing for the amendments to the Comprehensive Zoning 5 Ordinance of the Englewood Municipal Code pertaining to 6 Tattoo and Body Piercing Establishments. Notice for this 7 public hearing first appeared on June 9 for the original 8 hearing which was scheduled for July 3. 9 The notice for tonight's public hearing 10 appeared in the Englewood Herald on April 30, and I 11 presented those notices to the clerk of the record. The 16 I ' I '.' 12 proposals have gone forward through the Planning and ' I I • 13 Zoning Commission, and those were considered at public 14 hearing on May 2 of this year. 15 Notice to the owners of the five existi ng 16 tattoo and body piercing establishments were sent by 17 certified mail on April 21 for that public hear i ng. All 18 notices were of receipt or returned to the development 19 department. And at that public hearing no public 20 appeared in opposition to the amendments. 21 Before recommending to the Council approval of 22 the proposed amendments, the Planning and Zoning 23 Commission discussed a number of items including South 24 Broadway's future, the marketing and development of that 25 corridor, grandfathering, that is the existing -- ~IS,_,_,, 'le. 999'11111t~"--S..60I. e.,,--t. ~ toll() <90911ff-lTSI ;71'.f (9091111-1144 I I' ,. .. ' • I • 0 J - • • ' ., ' ' ' ' ' I • .. • -.. ... 1 2 3 allowing existing licensed establishments to remain, and also distancing requirements with the separation between establishments. But no rational nexus or correction to 4 distancing was identified to impose existence and 5 requirements. 6 The amendments are being brought forward 7 because the Comprehensive Zoning Ordinance is a 8 permissive ordinance. That mean that a use must be 9 10 11 listed in order for it to be permitted. Tattoo establishments are not specially addressed within the zoning code. Therefore, they are not permitted. 12 However, by policy, since August of 1999, 13 tattoo establishments have been allowed in the 82 14 district. And the reason being is that several 15 establishments have located in the 82 district over the 16 past few decades, and the lack of zoning code and 17 enforcement perpetuated those uses. 18 There are currently four tattoo establishments 19 operating in a four-block area along South Broadway in 20 the 82 district. One establishment has closed since 21 these amendments were proposed. The four that are 22 remaining are at 3969, 3970, 4173, and 4249 South 23 Broadway, and I'll refer to the map here. 24 The other reason that these amendments are 25 being brought forward is there was a recent federal court ~'*-IS..._. "•· 1 7 ' : ii I: II 11 BS'IIM~""-· S-,.60I. ~. e,,-J,.1()11() (SfJSI Tn-llSI ';;l'X (SfJSI 1ff-ll# i I I . ' , . I • 0 - i' il 1 1, 2 3 11 4 11 5 6 ii 7 8 l' 9 ,, 10 11 tJ 12 J 13 14 ,. 15 16 ' 17 I 18 19 • ' 20 ' 21 22 ' 23 • 24 ' 25 ' I • • .. • - discussion that upheld the City's prohibition of tattoo establishments in Bl district . Considering the court case and our policy, Council directed the staff to specifically address tattoo and body piercing establishments within the Comprehensive Zoning Ordinance . At the study session on March 6, staff presented four alternatives for Council's review. after discussion, Council directed staff of the And Comprehensive Zoning Ordinance Amendments that would prohibit new tattoo establishments in B2 and permit them in Il and I2 industrial districts. MS . BRADSHAW: May I say something? The one on Quincy and Radcliff, that one closed? MS. LANGON: No. The one that closed -- MS. BRADSHAW: Because that is the one by the liquor board. MS. LANGON: It was Attitude Tattoo that closed. MS . BRADSHAW: But my concern is that isn't listed on the map only because that is a major vote of contention with the neighbors up there . MS. LANGON: No. The one that closed was at 4401. That is Attitude. So that would be further south. MR. GARRETT: This one was south of Quincy . MS. LANGON: Right. ~ '$,,,,,,_, "·· 18 II ' Ii 11 I 999 __.~ "'-· $11111 6()1, e.,,-..t. ~ IOII() (9091 1ff-llSI ?AX (9091 111-1144 I i • . ' . I· 0 J- 1J' J 1 J 2 3 1J 4 ' 5 6 ' 7 8 ' 9 ' 10 11 ' 12 ' 13 14 ' 15 16 ' 17 ,, 18 19 • I 20 ' 21 22 ' 23 24 ' 25 ' I • • t ~,~, .. ... • -' MS. BRADSHAW: Okay. Sorry. MS. LANGON: Okay. The strategy was based on two things: First was the graph and marketing analysis of the South Broadway corridor that Council reviewed. Also on that March 6 study session that market analysis suggested recruitment of what are called third places or informal gathering places, other than work or home, that would increase a commercial vitality on the corridor and encourage pedestrian activity along the South Broadway corridor. .. The second item that the strategy was based o n was the South Broadway Action Plan Amendment to the comprehensive plan that was adopted in 1997. And that plan --the purpose of the plan and the direction of the plan was to encourage the balance of commercial uses reflected off neighborhood needs to strengthen re t ai l niches along the corridor and to revitalize South Broadway. And to review the proposed amendments . First, the B2 business district that would list tattoo and body piercing establishments as prohibited uses in that district. Then in Il and I2, the amendments would list tattoo and body piercing establishments as permitted uses in the industrial districts . And then there are five additions to the ~~IS,.,.,_, 'I.e. 19 I : ' i ' ,: 399 ---~ "-· SIiia 6()f, e.,,--t. ~ 10110 l303J 111-IIS1 ~A'% l303J 111-1144 .. > •· 0 If ,, 1 ' 2 3 t 4 ' 5 6 ' 7 8 ' 9 ' 10 11 ' 12 ' 13 14 ' 15 16 ' 17 ' 18 19 • ' 20 ' 21 22 ' 23 24 ' 25 ' I • • .. ·~ • -.. definitions. Those definitions are consistent with Title 5 business and licensing definitions . Those definitions are tattoo, tattoo establishment, body piercing, body piercing establishment , decorative jewelry, or other decoration. The proposed amendments grant nonconforming use status to the existent licensed establishments in 82. That allows those existing 82 tattoo and body piercing establishments to remain. They can be sold . They can be conveyed, or they can be transferred as long as a new license was obtained. And they will be subject to nonconforming use regulations . .. The amendments provide an exception to businesses performing only ear piercing as an incidental service. So if a jewelry store within 82 wanted to offer just ear piercing, they would not be in violat i on of this ordi nance --or these proposals . The amendments are based on --provides a location for the use, and does not totally prohibit tattoo or body piercing establ i shments within the c ity . It specifically names them in the code and grandfathers the existing 82 licensed businesses and also supports the market analysis of the South Broadway action plan. Are there any questions? MS. GRAZULIS: I have one. You said if an ,:-~IS,___, '7•. 20 ' I i I Ii 99911,wt~;t-. S..6fJI. e.,,-.t. ~ IOIIO l9fJ9J 111-IISI '°.,n (9fJ9J 111-1144 . . .. • • I • ' ' ! I • 0 - • ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' ' -. • .. • • .. 1 existing tattoo parlor was allowed to sell to another 2 individual they could retain it as such? 3 MS. LANGON: Yes. The only way would be if as 4 a nonconforming use, if they would not maintain their use 5 for 180 days. So if I sold my business to you, and it 6 took you 179 days to retool and get your signs up and 7 reopen, you would be okay. If you were past that 180 8 days you would be denied full use. 9 MS. GRAZULIS : One more question that is back 10 on the ordinance proposal, the definitions, there was one 11 that was decorative jewelry or other decoration. Is that 12 vague or is that a lot of different types of -- 13 MS. LANGON: It is comparable to the business 14 licensing and the same definition that is in the tattoo 15 and body piercing ordinances. We felt it was important 16 that we keep a consistent definition between the three 17 subordinances; the two licensing ordinances, and then the 18 permitting ordinance. 19 20 21 22 MR. YURCHICK: But it is still vague even though it says it in all three. MS. LANGON: But it is not limited to any of those things. I think that is the key word. I'm 23 certainly open to suggestions, and we could look at Title 24 5. 25 MAYOR BURNS: Any other questions? ~,s ....... 1 •. ... 2 1 11 I i I I I I ,n.,,,.,,-.,_,..,,,__, s-,6()1. s.,,-.,t. ~ IOllfJ <soa1111-,rsr ;,...n <9091111-1144 ,, I • 0 • • ' J J f J ' , ,. , ' ' ' ' ' ' ' ' ' • • , . • 1,..: ,_ .. .. • -' 1 MS. BRADSHAW: Dan, all the language in this 2 is correct? 3 MR . BROTZMAN: Yes. 4 MAYOR BURNS: Thank you, very much . We have 5 no one assigned to speak at the public hearing on this 6 measure regarding tattoo and body piercing 7 establishments. However, if anyone wishes to approach 8 Council at this time and speak, they are free to do so . 9 I see none . Close the public hearing . 10 MS. BRADSHAW: Your Honor, I move that we 11 close the public hearing. 12 MR. YURCHICK: Second. 13 MAYOR BURNS: Please vote. 14 THE CLERK: All votes are cast. Let the 15 record show six ayes. 16 MAYOR BURNS: The hearing is closed. The next 17 item on the agenda is the "Consent Agenda, 10.a., 18 Approval of Ordinances on First Reading." We have 10 . a. 19 one, two, three, four, five, and six, seven, eight, and 20 nine . 21 MR. GARRETT: Your Honor, I move for Consent 22 Agenda Items 10 .a. through --1 through 9; and 10.b., 1 23 through 4; and c ., 1 through 3. 22 Ii 1, I, I! Ii I! II 11 I : 11 1, Ii 24 MAYOR BURNS: What I want to know from Council 1: 25 is if you want 10 days to settle, we need to schedule a ~·~·"·· .UUM~ "'--· S-,, 6(/1. e.,,-,t. ~ IOIKJ <,()SJ m-1rs1 -;,,,n (509} 111-1144 ' ~ • I· 0 - • {IT I I I I I I'. I. • , ...•.. • -.. 1 public hearing for the plan. Let's pull that one for 2 purposes of voting, and I think we can vote on it. 3 4 5 6 7 B accept. MS . BRADSHAW: We have to mention it -- MR. BROTZMAN: You are resetting it MAYOR BURNS: We are resetting it. MS. BRADSHAW: Second. MAYOR BURNS: Please vote on the motion to .. 9 THE CLERK: All votes have been cast . Let the 10 record show six ayes. 11 MAYOR BURNS: The consent agenda is accepted . 12 Next we come to our regular agenda, "Approval of 13 Ordinances on First Reading," we've got those. And on 14 the second reading, •council Bill No. 33 ," approving a 15 Hawthorn Suites Planned Unit Development." 16 MR. GARRETT: Your Honor, I move for 11.b.i . 17 18 19 MAYOR BURNS: Second? MS . WOLOSYN: Second. MR. BROTZMAN: B.i . is the Hawthorn Suites . 20 We told them they had an opportunity to withdraw this. 21 MS. BRADSHAW : And they didn't . 22 MAYOR BURNS: We closed the public hearing on 23 May 15, and I think the spirit of Council was that this 24 project was attempting to use the tax benefits and 2 3 Ii 1, II Ii Ii 1, I 25 waivers in order to bootstrap a profit into this I ~.~1s ....... 1 •. 9"11M~.,.,__. S..6Qt. ~-~toll() l9fSJ m-llS1 7A'% (9091111-1144 ,. I • 0 • • [ r r r ' r ,. ' r ' ' ' ' ' ' • • l ... : . .. • -.. 1 operation. And so Council chose not to carry that 2 3 4 further, and I recommend that further study be done on this . And I think we also, in the process, .. 5 discovered that it didn't appear to be a serious at tempt 6 to finance this project through a bank. And so it is 7 obvious that the only profit they are planning was B through tax benefits. And I think that is why Council 9 didn't take it further . Do you want to comment further? 10 MS. BRADSHAW: I just wanted to respond, the 11 appellant, they had the opportunity to withdraw, and we 12 did not receive anything. I move that Council --Your 13 Honor, I move that Council vote -- 14 MR. GARRETT: The vote is entered . 15 MAYOR BURNS: Is there is any further comments 16 or questions? If not, please vote. 17 THE CLERK: All votes have been cast. Let the 18 record show six ayes. 19 MAYOR BURNS: Next, "Resolut ions and Mot ions 20 C .i. Recommendation from the Department of Finance and 21 Administrative Services to adopt a resolution approving 22 the formation of a Special District and to schedule a 23 Public Hearing for August 7, 2000, to gather public input 24 on this issue." Frank Gryglewicz. 25 MR. GRYGLEWICZ: I am Frank Gryglewicz. I am 2 4 I, I: Ii I I! I• I• II 1, 1, ~. s,,,,,,.-. "·· BS._~.,._, S-,.lfJI. E 1« f ~ ttJIIO {!J091 m-ttsl ~.,n {!J031711-lltl4 . ' ' I • 0 - r r 1 [ 2 3 [ 4 r 5 6 r 7 8 [ 9 r 10 11 r 12 I 13 14 I 15 16 ' 17 ' 18 19 ~ 20 ~ 21 22 ' 23 • 24 ' 25 ' ' • t ~; (>' • • -.. in the capacity of Executive Director of the Englewood Urban Renewal Authority. This is a resolution of intent to create a special improvement district for the Acoma Street parking lot. This issue was just discussed at the study session. It has been presented to the Englewood Urban Renewal Authority and also the Englewood Downtown Development Authority. Both of those approved the second triparty agreement. The EDDA has also requested that in paragraph 2.d., the beginning where it starts "deficient spaces" to the end of that paragraph be deleted. That was a request of the study session and the public hearing for August 7 at 7:30, and also sets publication and notice requirements. MAYOR BURNS: Is that Roman Numeral II? MR. GRYGLEWICZ: Yes. And it is the middle of the paragraph where it begins "deficient spaces" to the end of that paragraph. MS. BRADSHAW: Which line? MR. GRYGLEWICZ: It is in the resolution. MAYOR BURNS: I found it. MR. GARRETT: After Exhibit 1. MAYOR BURNS: Okay. I found it. How much was to be stricken? MR. GRYGLEWICZ: From "deficient spaces" to ~ IS---. i/c. 25 I! 1, 11 11 "9111Nt~ ""-· s-. 6tJI. e.,,,--t. ~ 1()11() ,sos, m-rar ;,..n-(3()SJ 1n-,r• ' • I I • 0 - • • r r f r r [ • I-} • -' 1 the end of the paragraph. MAYOR BURNS: I see . 2 3 MR. GRYGLEWICZ: Which is basically the 4 assessment amount. 5 MAYOR BURNS: Did you say parking space 6 allowances? 7 8 9 MR. GRYGLEWICZ: Yes. MAYOR BURNS: Thank you. MS . BRADSHAW : Would the clerk assign a 10 resolution number? 4 11 THE CLERK: Resolution of 71, series of 20 0 0. [ 12 A Resolution declaring the attention of the City Counci l r 13 of Englewood, Colorado to create a special permit 14 district to make improvements to the Acoma Street parki ng I 15 lot through detailed specifications to this proposed I I J ' I 16 district and directing publication in this hearing to be 17 in real property in the district. 18 MS. BRADSHAW: Your Honor, I move for 19 Resolution 71 . 20 21 22 MS. WOLOSYN: Second . MAYOR BURNS : Any discussion? MS. WOLOSYN: I don't get the first part o f 23 the resolution. It says Council has determined it 24 necessary to create a special improvement in the city 25 purpose --I don't know --I want to say that if I ~.-..·~·"·· 26 Ii I , I! Ii : I : I i I "8111wt,.,....,,.... s..1111. ~-t--lflll() ,sos, m -,tst -;,n <!JOSI m -,r• • ' ,. .. • , I • 0 - • • r r r [ [ ( f • .. , .. • - 1 determined it is necessary to create thi s special 2 improvement district, I would prefer that the Downtown 3 Development Association were able to get a petition. 4 However, I agree they have done a lot of wo rk , 5 and I'm willing to let this go to the next stage myse lf . 6 And I hope that maybe they can convince me that it is 7 necessary . I do want to hear the public input , but I'm 8 not sold at all . 9 10 MAYOR BURNS: Anyone else? MS. BRADSHAW: Your Honor, I would be v oting 11 against this. I think that there are other ways that t he 2 7 I, [ 12 City can work together without tying property owners to I I I I ' I • 13 an assessment for 15 years. I also question whether t h a t 14 is the best use of that property, not to ever deny 15 merchants their parking, because I thi nk that that i s 16 vital to their business. 17 This is the 11th hour. Just looking at how 18 scattered the study session is, it didn't make any sense 19 and nobody has explained it well enough t o do this. I 20 will be voting against it . 21 MAYOR BURNS: We 've have considerable 22 discussions about this. I'm not pleased that this has 23 come up as late as it has. I'm tor n between the d e s ires 24 of the owners of the EDDA --they seem to want to improve 25 the district --and what the best use is for this ~,..aflilf ·~· 'lee . .u.,-.,~~. $,,11,lfJI. e.,,-.,t. ~ tfJflO (SOS/ m -ttsl ";,I% {9()9J 1ff-ll# I Ii I! Ii . ' I • 0 1 2 3 [ 4 [ 5 6 [ 7 8 [ 9 r 10 11 ~ 12 I 13 14 I 15 16 I 17 l 18 19 • ' 20 21 I 22 I 23 • 24 I 25 ' J • l• ~ •• ,, .. • -.. property. The assessment method , wh i ch was intended essentially by parking requirements has been presented, and it is obvious that especial l y restaurants paid an exceptionally large percentage of the cost of these improvements. And we're being told that the EDDA doesn 't think that is fair, and, indeed, it may not be fa i r . However , I'm willing to vote for the resolution to have a public hearing to determine whe t he r they can come up with a method of assessment that t he businesses, especially, support. I don't want t he City to be in a position to decide this o n the i r own. I wa nt to hear from the business people on this. And I want to also know if we can get together on a proposal for development of the Parkway Broadway corner, which I think needs to be developed. And I'm willing to at least go to a public hearing to see if they could get their ducks in a row on an assessment method. And I also understand from our discussion at the study session that the restaurants could get together and essentially present a petition that they don't like the assessment method . And t hey can kill it. I would like to hear from them . It is kind of a late matter . The discussion was hardly conclusive at the study session, but I'm willing to go to a public hear i ng to see ~·~·"·· 28 II ' I ! ,I ' ' ·, Ii S!JS'IIINt~,,__. S..6'11. £-,1-,t. ~ TtJII() <9091 m-1rs1 ?...n <9091 m-11"' ) I • 0 lJ - • r I [ [ f I 1 2 3 • ··~. ./ • -' if this could go any further, but I do so with some reluctance. We have two or three different stages in the 4 public hearing and the decision-making process, as I .. 5 understand, and I'm willing to go to the first one . Any 6 other comments or discussion? 7 MR. GARRETT: I have difficulty with th i s. I 8 was told you have -- 9 MAYOR BURNS: Please speak into the 29 10 microphone. : 11 12 13 MR. GARRETT: Is that better? MAYOR BURNS: Thank you. MR. GARRETT: When asked what was the p urp o se 14 of forming this district, what was the protections and 15 the needs --and it is basically for the deve l opment o f 16 that corner --with the response, I would like --I think 17 we can develop that corner in a very responsible way in 18 cooperation with EDDA without having to go with taxing 19 and special assessment on the properties. We may not get 20 there, but I would like to explore that option first . 21 And what was mentioned was the proposal of 22 possible senior housing on that corner earlier. And we 23 have as an example --two examples. One is the example 24 of how the system worked . And there was an issue that 25 was brought up by the EDDA, and they brought their ~ 's ....... "·· !199---~~. s.. 60I . e.,,-.t. ~ totl(J (!J()9J m-,rsr ,Al' (!J()9J m-1144 I ,. . . ' ; l I· 0 J • • r I • • ~ ~,."!. .. • -~ 1 concerns and voted to not proceed. 2 The second example is how when you do things 3 at the last minute it causes concern. In that case all 4 5 that vote would have done is the purpose of us to go forward only if we thought the project was suitable. 6 that is sort of like this. We're voting without even So 7 having a first look of what is going on, but EDDA didn't 8 want to go through that process. 9 I don't want to go to that level of confus ion 10 at this point when I think most of the Council has 11 admitted to --if we cannot get our development back 12 together, which, I think, by the building we are sitting 13 in, we may be slow about producing the end result, but we 14 get results, and may want to persue that without having 15 to go through a special session. 16 17 MAYOR BURNS: Thank you. Any other comments? MS. WOLOSYN: That sounds great. Is that 18 something we can make a firm commitment on? 19 MR. GARRETT: Mr . Simpson, he was sort of 20 burned once by us. I think with the direction that 21 Council gave him, we are committed to developing that . 22 We made one attempt. We are committed to develop that 23 property because we do own a piece of that . 24 MAYOR BURNS: If we vote to continue to have 25 the public hearing, I would like to hear from the EDDA on ~.,.,..., s ........ "·· 30 I! Ii Ii : ! i i !i Ii nB'IIM~"---s..o. e.,,....J. ~ lfXIO ,sos, m-1rs1 ?A'l' <909J 111-1144 . . ..: • • . • I • 0 • I f r r L I l r • • • -.. 1 whether they would be willing to work with the City i n a 2 joint effort to develop that corner. And I know that is 3 an important issue right now with them. If that 4 satisfies, I would like to hear from them. 5 MR. GARRETT: When asked for that response, if 6 they were willing to do that, in the study session they 7 said they didn't care about a special assessment. That 8 is what was said. 9 10 MAYOR BURNS: Okay. MR. YURCHICK : I want to go on the record, I 11 think the process with the hearing will give the people a 12 chance to speak for themselves. If they want to raise 13 the money and -- 14 MR. GARRETT: I'm concerned. 15 MAYOR BURNS: I would like to hear from the 16 business people on this. Any more comments or 17 discussion? A motion to pass the resolution and second. 18 Please vote. 19 THE CLERK: All votes are cast . Let the 20 record show three ayes, the three ayes being Councilman 21 Yurchick --Wolosyn and Burns; and three nays, nays being 22 Councilwomen Grazulis, Bradshaw --and Garrett. 23 MAYOR BURNS: The resolution failed for lack 24 of majority. That brings us to, "General Discussion . 25 Mayor's Choice." We had, in this building, one of the ~--'S,.,,-. "·· 31 Ii 11 ns._.~ -"--· s... 6fJI. e.,,--. ~ lfJfl() <SfJSJ m -,rsr ~AX (Sf)SJ m -1144 ) I· 0 ----------------------,,----------,,.----------------------~~--------------... - • • I r [ • • .. .:· ... • -' 1 most memorable events in the city of Englewood. 2 I would like to thank each and every member of 3 the Council for all the work they have done on these 4 projects and in support of the Light Rail, and especially 5 the members of the staff, Gary, the City Manager, and all 6 of the staff members that have worked so tirelessly, 7 first, to make the move to this building, and to top that 8 off with a celebration this weekend which went on for two 9 days here and three days total. All the displays that 10 were in this building and the --all the work that was 11 done and the staff on the entertainment and the food 12 vendors and beverages, it was just a great effort. 13 And I would like to thank Hank Long as we 14 paraded everyone who wanted to go to the rest room 15 through his library. And I think it worked out well in 16 the end. So I think people seemed to be having lunch on 17 Friday for 350 people to support the Light Rail, and they 18 were struck by this building. And certainly at the 19 August 26 celebration we would like to see a bunch more . 20 They have a great office and facility, and we 21 have to show it to the public. So it was a very special 22 weekend. And we participated on Friday and at the 23 special dedication in Littleton and we had a band and 24 balloons and everything else. It was like a country fair 25 down there. And everyone came back for the lunch and ~l~.'I •. 3 2 I' Ii I' I' 11 11 I 1, 1: II 11 1: 11 Ii 11 : .us-.~~-$.66()1. E ,, ,. e,,-. IOflO (9()SJ m-llS1 :;7.,n (S09J 711-1144 A I· 0 • • I. [ l • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 • . . ... " • -' were really impressed by this building . So my thanks. That is all I have. MS. BRADSHAW: I would just like to second what you said and, Tom, I really think that you deserve credit for a job well done . MAYOR BURNS: Thank you. MS. BRADSHAW: We all received in our packet Steve Shocks' (phonetic) letter. I thought that I needed to raise that on what we are going to do on that . Number one, I think we had a good response from Frank to Gary as far as the commission's tax. And I can understand Mr. Shocks' confusion, but most business owners just attach that extra fee to the ticket. I just don't want to set a precedent. And I think we need to get back to him as soon as possible on that. I don't want to see us set a precedent on new taxes that are designed as a revenue strength for our citizens. I don't know what the Council wants to do, but 19 we need to pay the taxes that are assessed as far as 20 owning an entertainment venue in Englewood . 21 22 23 24 25 MAYOR BURNS: I thought there was some numbers on gross revenue that I've never seen produced. Maybe I missed them. I wanted to compare the taxes he was asking for versus the revenues he had. MS. BRADSHAW: He needed to add a surcharge to ~~IS,.,,._, 111e . 33 i • I : ,l 999 aw~"'--· s .. '°'· e.,,--. ~ r«IO <909J 1n-1rsr 7A"X <909J 1rr-1r44 . . ' I • 0 • • • • .. • - 1 his tickets to recover that. 2 3 MR. GARRETT: The price is $20 and the franchise fee issue would be like a dollar and a nickel . 4 That is what most of this does. 5 MAYOR BURNS: I was a little confused. Was he 6 trying to say that if he doesn't get the extra income he 7 can't survive? Or was he asking for a little more 8 ability to make a profit? 9 MS. WOLOSYN: I was confused when he said 10 Boulder and Denver get nothing, which isn't the case. I 11 thought maybe we hurt ourselves, but that isn't the case. 12 MR. SEARS: I think we need to do further 13 research and what we need to find out, as I understand 14 it, is if there were City sponsors, they do pay 10 15 percent. But in Denver, if they do not, those theaters 16 do not pay the admission tax. 17 MAYOR BURNS: Did he say how that affected his 18 competitiveness? 19 MR. SEARS: He just presented it to the 20 Council. 21 MS . BRADSHAW: I just think if you make a 22 decision to go into business, then you need to have a 23 business plan. And I think you need to be aware of all 24 the ordinances and things that affect your business. 25 MAYOR BURNS: His letter says that --I guess ~,s ....... 'I •. 34 ,, I , II I: Ii sss -.~ ,,,,__, s... 6fJI. e.,,-.. ~ toll() <!1()31 m-1rs1 ~A'% <3031 1n-,1"" , . I· 0 I ,I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 I 13 14 I 15 16 I 17 I 18 19 • I 20 21 I 22 ' 23 24 • I 25 I I • • l• .. ·.: • -' I don't see -- MS. BRADSHAW: 3 cents on the dollar. MS. WOLOSYN: To the extent that he was comparing it with other venues, perhaps he is, but it is expensive doing business in Englewood. MAYOR BURNS: I tend to agree. I thought he had a confusing case. MR. GARRETT: It is possible. And now there is a burden on City resources to sit down and try to work through this with him. He has done a great job of restoring, and I don't want to say, no, this doesn't make sense. I want to be able to articulate what is going on and to work through this. MS. GRAZULIS: I concur with that. MR. GRYGLEWICZ: Now, I'm Frank Gryglewicz, Director of Financial and Administrative Services . We would be more than glad to work with him. I think there is some confusion on how it is added. It is added into the ticket price, and it is actually not him paying it . It is the people that come and visit the Gothic. And they do use City services. And that is why there is this tax, because they do come in. There is fire, police, those sorts of services, and they are not free. We're more than willing to work with him. MR. GARRETT: I'll make sure, when we are ~. S,-,,... "·· 35 ' I I, It 11 I: I: .u., --~ "-· s... o . s.,,--. ~ lfJl1() <9fJ9J m-1ts1 "},n <9fJ9J m-11# ' _, ' , I • I • 0 - • I I I I I I I I I I I I I I I I I I I • .. • -' 1 having our discussion, we are speaking the same language. 2 Right now I don't think we are. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GRYGLEWICZ: I'm more than willing to sit down and work with him on this. I think what happened was he was audited and found out he was supposed to be collecting that. So he is liable for the tax and was probably unhappy at that point in time because the audit went back and saw that he should have collected those taxes and had included those in the ticket price. So I think some education is in order, and we can work with him and hopefully --you know, he is a valuable resource to the City, so we would like to make sure his business is successful. So we are willing t o work with him to resolve this. MAYOR BURNS: If you get audited and had to pay later MR. YURCHICK: Can he spread payments over a period of time? MR. GRYGLEWICZ : We have done that nume rous times with our taxpayers. We can make arrangements with that . Whatever works for h im . MAYOR BURNS: So he is still liable to pay that? MR. GRYGLEWICZ: Yes . I believe he has already paid. I'm just saying that he is somewhat upset ~'~·""'· 36 I ' i ,, I: I, 1: I: ~ -.~ ,,,___ S..1()1. s.,,-..t. ~ 1fJII() t!J()9J m-,ar ?AX t!J()9J m -,r• ,• I • 0 - I I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 I 13 14 I 15 16 I 17 I 18 19 • I 20 21 I 22 I 23 24 • I 25 I I • .. • -' over that because it does eat into his profit. It is more painful when you're collecting sales tax or admissions tax and you're collecting that as you should and then remitting it, because you're actually paying a small fee for the administration of that . But when you found out you were supposed to collect and that you hadn't, you are liable for that and it comes out of your bottom line, it is very pa infu l . It is no longer an administration; it is out of your pocket. So we will work with him and contact him and see if we can come to some good resolution . MAYOR BURNS: How did he not know that he was supposed to collect this? MR. GRYGLEWICZ : I think he had so many things going on with getting the building open and his certificate to get open, I think it just slipped his mind really. And maybe we needed to educate him a little bit more . He could have been on our side but, as I said, we're willing to work with him and hopefully resolve t h is because we are a partnership with all our businesses. MAYOR BURNS: I think you're right not to act like a hammer and enforce laws, but to work with people. MR. GRYGLEWICZ : Well, their success means our success so we want them to be viable. MS. GRAZULIS: Frank, could you also convey to ~.,.,... 4 S,-,... 'Jee. 37 I; BS'llwl~ ""-· s... 6(}f. ~-~ tot10 <!KISJ m -,nr ?..n <!KISJ 7ff-tt44 ... • I I • 0 • • I I I • ... -· .. • -.. 1 him Council's concerns, and we're willing to help or work 2 with him? 3 MR. GRYGLEWICZ: One of us will give him a ' I 4 call. I I I 5 MS. GRAZULIS: Thank you. 6 MR. GRYGLEWICZ: Thank you. 7 MR. GARRETT: What happens in 47 seconds? Do 8 you want to take care of that? 9 MS. BRADSHAW : I want to thank everyone for 10 the celebration and say thanks. I thought I would let 11 you know it was a nice and special one . That is it. 12 MS. GRAZULIS: I have just a couple of things. 13 I was thinking that perhaps, as a Council, if we have not 14 been to the Gothic, if we were to recognize one of the 15 groups that was playing, I thought we could do it as a 16 Council and just go to see and experience it and perhaps 17 convey to the people about it. 18 I also wanted to talk about the fireworks. I 19 want to thank so much the pol i ce department division. 20 I've lived here for 21 years and never had such a quiet 21 Fourth around this, preceding and afterwards. I know 22 that they did a good job because some graffiti artists 23 conveyed a message regarding the pol ice department on the 24 back of one of the buildings and showed that they were 25 doing their job . That has since been removed, but thank ~IS---.'I•. 38 1, I, : ' i! Ii " I! Ii II I I I I I I I I I I I I 999111Nt~"-· S..6fJI. e.,,--. ~ trJfl() t,osJ m-rts, ?A'% <!1()9J 1n-1144 • ' .. I • 0 - • • I I I I I I I I I I I I I I I I I I I • • '!',, .. ... • -' 1 you. 2 Especially with the fire that did take place 3 with the house that was firework-induced, it was very 4 alarming. I also want to say that last Saturday at about 5 9:30 p.m. I went with my family and took another free 6 ride to see what we could, and it was sti ll s tanding -room 7 only at 9:30 on a Saturday night. And to listen to the 8 comments at every station was very very interesting. Of 9 course, they still refer to this as the Cindere lla City 10 one, but that too will change in time. 11 12 As the bus stoped on Broadway I was n ot icing that a lot of them are marked up and things have been 13 scratched into the plastic. Perhaps if we could contact 14 RTD to spruce those up, it won't take anything away from 15 the bus ridership, also which is a concern. And that is 16 all. And I want to say that this is great. That is my 17 first session here, so thank you, everybody. 18 MAYOR BURNS: Thank you. Mike. 19 MR. YURCHICK: The only thing I have is I just 20 read Rick's letter that he is sending out to the 21 residents, particularly those along Floyd Street, and I 22 was at that meeting and I think he has more than gone out 23 of his way to meet the needs and the concerns. That is 24 all. 25 MAYOR BURNS: Is that all? ~ • .sa,..,... "·· 39 I, 1, I: : I I! Ii I , 1, ~ --~ ,,,,___ Sllllll 6()1. e.,,--. ~ ltJII() ,sos, m-1ts1 ?Al' ,sos, ?ff-111# I • 0 • • I I I ... t ., • .. • - 1 MS. WOLOSYN: In the aftermath of tonight's 2 vote, I guess we will somehow approach them about future 3 development in a timely fashion and their efforts on I 4 behalf of the way they saw the process. Another thing, I I 5 this letter from AT&T about the right-of -way ordinance, 6 could I maybe just get some explanation as to how this 7 affects how our action stands? 8 MR. BROTZMAN: Absolutely. And we have pulled 9 the right-of-way ordinance. A number of parties, 10 including AT&T, had some concerns. Ken is reworking i t, 11 and we will be happy to answer your questions. 12 MS. WOLOSYN: Thanks. That is it. Thank you. 13 MAYOR BURNS: One comment I want to make, I 14 looked again at the meeting on the planners on 285 west 15 of Broadway. Personally it really looks like it needs 16 some weeding, especially by the bank. I don't know what 17 the problem is in there, but the foliage in there just 18 looks dead. I don't know what the problem is there, but 19 they are in bad shape. 20 MR. BLACK: We agree. We had a mainline break 21 that has not been able to be repaired because of all the 22 work at the City Center. So those in particular will 23 have to be replaced. And we are working on that now. 24 But we agree with you. 25 MAYOR BURNS: Thank you. ~·~·"·· 40 Ii I, I! ' Ii 11 ,, ,, 1, I, I I I I I I I I I I I I I .u.,...,~"'-· s-,.60I. e.,,--. ~ toll() <,sJ m-1ts1 ;r..a f!J()SJ m -1144 • • , . . ' I • 0 - • • I I I I I I I I I I I I I I I I I I I • --· • •· r ·~ .. • - .. 1 MS. GRAZULIS : I have one more item that I 2 forgot to mention. This was actually as we were taking 3 our ride on Friday on the Light Rail, and as I was 4 sitting next to Alex and on the way back, she made a 5 comment and I agree with her, and she said get the bal l 6 rolling. 7 Anyway, she said if the business owners that 8 are with their backs up to the Light Rail could s omehow 9 all get together and take a trip together so they could 10 see how the backs of their businesses look from Light 11 Rail and how it conveys a message for their bus ines s , 12 13 14 15 maybe they would spruce their property up also. And if they ended up --or did it as a group, then they would end up or have a lunch or like a field trip for them and do it together and make comments about the other 16 businesses. I thought it was a good idea. 17 MR. SEARS: I do want to give a special 18 recognition. Unfortunately he is not here, and he is not 19 expected to be here, but I do --if Council does get a 20 chance to thank David Lee (phonetic), our park's 21 director. He has been tireless, and we would not have 22 this project or the weekend done without his work . So I 23 24 25 just want to say everybody worked extremely hard, the safety service, the public works, the --I can't say enough about our staff, but this is a great organization. ~,s ...... 1 •. 41 : : ! ! I :! i 11 HS'IIA#t~""-· S..6IJI. s.,,-.t. ~ 10IIO (!JfSI 1ff-ttsr ?Al' (!JfSJ 1ff-lltl4 • I ' I i .. . ' . I • 0 • • I I I I I I I I • ,. • - .. 1 MAYOR BURNS: I would like to thank Rick about 2 the sidewalks and the concrete. Every day we had a 3 discussion on it. And it was a little last minute, but 4 we were done and ready to go for the Chamber of Commerce 5 reception, and that also went very well. But thanks to 6 Rick for putting up with me. 7 MR. GARRETT: He had to put up with you and me 8 and everybody else. 9 MR. SEARS: Just a couple of things . Let me 10 go to the budget. If you could pull out the calendars, 11 we are looking at the projected public hearing in the I 12 budget on September 18 . That is a Regular Council I I 13 Meeting, and I just want to list that. Potentially what 14 we have is listed to meet a budget schedule, and it is up 15 to the Council to give me your thoughts. But 16 September 30 would be the projected budget retreat. We 17 could probably do it a week earlier on the 23rd of 18 September, but the 30th is what we would have and our 19 first reading would be October 16 . So off the top, if 20 you could take a look at your calendars, if that would be 21 suitable for you. 22 MAYOR BURNS: I just noticed that there is a 23 conference the next week. Does that work? 24 MS. BRADSHAW: You mean October 6? 25 MAYOR BURNS: No. October 4 through 7. ~~.,-u, I .S.,..,... "•· 42 I I I I I I I I sss'ltlw~"--· s-,,6fJI. e.,,-..t. ~ 1tJ110 <,tal m-,ar ~..n <9091 m-tr44 I ' I . ' I . 0 • • I I I I I I I I I I I I I I I I I I I • ), ;,;. , . .. • -' 1 MR. SIMPSON: I don 't believe we will have any 2 significant problems. I wouldn't let that be a 3 hinderance. 4 MAYOR BURNS: I guess the resolution 5 conference is not a problem. 6 MR. SEARS: Okay. Right now we'll plan on the 7 retreat on September 30. I know next spring -- 8 MS. BRADSHAW: We could have it here, coul d n 't 9 we? 10 MR. SEARS: Sure. I would like to go 11 someplace where it is a little more informal. We could 12 certainly have the budget retreat right here. 13 MS. GRAZULIS: So you're saying on 14 September 30? 15 MR. SEARS: Right. Again, part of that is, 16 again, for --we do need to get volunteers from the 17 Council to work on the budget. Bev did that last year 18 and Julie. If the committee --Olga, who else? And 19 Julie. Is that okay with the Council? 20 MS. BRADSHAW: Sure . 21 MR. SEARS: Okay. We'll be working with you 22 on that. Then I guess we'll anticipate having the 23 preliminary budget to you all. The department is pulling 24 that together, both budgets, but we're looking at 25 September 15 to go to Council. ~IS,.,,.-. 1,,,. 43 Ii I! II 1, I, I' ' ' ; ! Ii 1, BS 1M~ ~-S... 6fll. e.,,-,t. ~ tfJIIO lSOSJ m-11$1 ;'AX (S09J 7ff-trtl4 .. • t • I • 0 I I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 I 13 14 I 15 16 I 17 I 18 19 • I 20 I 21 22 • I 23 24 I 25 I I • • . ~ •\'i .. ,. .. • -' ' ' If we could move to the meeting rooms, that is the other issue. And Mike, would you like to come up and lead that discussion? Do you want to come up and talk about the Council Meeting Room? We need some direction from the City Council on usage. We've given a draft t o the staff, and they pulled these policies together. Mainly our office has pulled these policies together on use of the Community Room. And we're starting to get some demands both short-term and long-term for the use of this, a lot of calls, but we wanted to --the problem with the building is this building is really --there are some limitations in terms of some service groups, in particular, Lions Club or any other club, using it on a permanent basis. But let me turn it over to Mike and Mike can go through that. MR. FLAHERTY: As he already said, the new building does offer us a lot of opportunities, but it also presents some challenges for us. We have a variety of rooms that we have available for use for meetings. And early on in our process we moved one of the subcommittees, and we established one committee that would work on how we would address the use of these rooms both in terms of internal use as well as external usage . What we have come up with is a great framework, or policy, if you will, and we wanted to have ~·~·"·· 44 [! 1: 1, ' ' : I: 1, 1, ns ..,~ "'-· s.. o. e.,,--. ~ 1(/11() <!lfSI m-1rs1 ?A'% t!lfSI 1ff-ttt1t1 . I • 0 I I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 I 13 14 I 15 16 ' 17 I 18 19 • I 20 I 21 22 I 23 24 • I 25 I I • • .. • -' the opportunity for Council to give us some inpu t and direction if you choose to do so with regard for how we address those requests that we receive. And since we've been in the building, we've received numerous requests and that list is growing every day. We haven't acted on any of the requests as of yet except for the internal request for the Monday night study session as well as various departments that are planning on training sessions and things of that nature . But, as I indicated, we do have a number of requests that we need to start addressing quickly here . That will double, more than likely, when our cultural space i s ready and the list of uses will probably change as well . But, at any rate, if I could run through this with you, quickly, the information that I provided in t he packet. We're proposing that the third-floor conference rooms be reserved for City uses . The Community Room, right here on the second floor, the libraries, the Anderson Room, as well as the new cultural space, we're proposing that those rooms will be available for both City and public use; and depending on your direction, potentially for some private uses as well. The library will remain responsible for the reservations of the Anderson Room that have been done in the past. And they will provide those rooms during ~.,..,. 's---. "·· 45 Ii I: I, SD..,~""-· s.. 60I. e.,,--. ~ trJfl() {SOS} m-ttsl ?"A'% {SOS} m-tl# . . ! i I • 0 • • I I I I I I I I I I I I I I I I ' ' ' • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • ~ ~ .. " ·-'. • -.. normal business hours, which are Monday through Thursday from 8:00 a.m. until 9:00 p.m., and Friday from 8:00 a.m. to 5:30 p.m., at no charge to their users. This is basically the policy of the library as provided over the past number of years, and they would like to continue that. With regard to the Community Room, we believe that the size of that room and the availability of the catering kitchen makes it a different type of use and makes the potential users much more numerous and much more potentially demanding on us in terms of services. Obviously if we're going to provide that room, we're looking at providing a number of setups, whether for a lecture, general meeting with tables and chairs, or some other type of use including party-type use. What we're looking at for the Community Room is to have the City Manager's Office along with the input from the Public Works to respond to those requests received for outside use for the Community Room. Parks and Recreation will be responsible for the cultural art space when that facility is up and running. And Parks and Recreations have also agreed that they will take the responsibility for booking requests for the outdoor space when those are complete. Because that is really part of the function that Parks and Recreation normally provides. ~ ....... ~ . ., .. 46 .!.D1111Nt~~-S...6()1. ~-t!,,6,w,,,I. IDIIO <,taJ 1ff-ll5t ?A'% t,taJ 1n-lf'4 ., \. .. ... ' I • 0 - • • I I I I I I I I I I I I I I I I ' ' I • 1 2 3 4 • '. , ... L • • .. We also believe that with the exception of uses for City-related uses and other governmental uses that include meetings of community interest as well as City-sponsored and potentially cosponsored events, that .. 5 there will be no charge for the Community Room. 6 With other uses, which could include nonprofit 7 service organizations, Englewood private citizens, 8 private use, nonresidents, nonprofit, a variety of uses 9 that we potentially could have, we're proposing that 10 11 12 13 14 15 16 there will be a charge for a use of the room and those rates be in a range that are similar to what we are currently --what Parks and Recreation is getting for their facility as well as our survey of other cities with a similar type of Community Room. One of the other things that Gary mentioned is that we would like to avoid scheduling, at this point in 17 time, outside organizations that have regular, scheduled 18 meetings; whether that is a weekly luncheon or whether, 19 and the city attorney doesn't want me to mention this, 20 21 22 but weekly church services. We're trying to avoid any use that would be on an ongoing basis: Particularly, one, that could 23 interfere with the City uses; or, two, that it would 24 require us to have staff here after hours on a regular 25 basis. The other element that we want to talk about is, ~""""" '.sa.--. "·· 4 7 ' i I ' : ' Ii Ii Ii .u.f11M~....._. S.. IOI. s.,,-.t. 8'1-o ltJIIO (!JfSJ m-ttsl -;,n (!JfSJ Tff-1144 .. • l ' ' I • 0 J- J ' 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 I 13 14 I 15 16 I 17 I 18 19 • I 20 21 I 22 • I 23 24 ' 25 ' I • • . ''!.',.,- .. . ·~ .. • -.. at least broach with the City Council, is that currently, or previously, in the City facilities, alcohol use has not been permitted. Because the ownership of this building is actually under private foundation, we're looking at the opportunity, or option, and we've actually already done this once with Council's approval, to permit alcohol service for some limited special public occasions that may be approved by City Council. Obviously the permit holder would be required to apply for and get approval o f the Liquor Licensing Authority for that special event and provide the license. The other thing that I have included in that package is a sample of a permit for the uses of the Community Room. With that, it indicates the process for obtaining a permit. It talks about the rules and regulations including the maximum capacity for the room which is set by our fire marshal at 159, the hours of use of the Community Room in terms of the building being open, and fees and charges for the use of the Community Room, which we have set out at this point in time as follows: Resident fees, either resident or business or residence organizations or residence individuals at $20 an hour -- MAYOR BURNS: Can I ask a question? I think ~IS.--,.'Jc . 4 8 DS"IIMt~,,__. s..lfJI. e..,,..,-. ~ lfJII() <§SJ m-101 ~A% ,sos, m-1144 • ' ' I ' ! I! ' I ... • I I· 0 - • • I I I I I I I I I I I I I I ' • • . ~ .... .. • • 1 you clarified that, but both organizations and 2 individuals? 3 MR. FLAHERTY: Correct. Nonresident use at 4 $30 an hour, a food service fee or use of the kitchen 5 facility at $10 an hour, and other areas, if available . 6 Those would be as we did with RTD; we made the atrium 7 available for RTD. I'm not sure we would do that on a 8 regular basis. As a matter of fact, I'm kind of sure we 9 wouldn't or couldn't do that on a regular basis, 10 particularly during working court sessions and other 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 activities that could be impacted. Setup fee for any special setup requirements would be tentative on what the setup is. After-hours use, if someone wanted to utilize the facility on Friday night or during the weekend when we don't have staff here, that would be an extra charge of $25 an hour. Security fee, if required, would be based on what --and we're basically proposing at this point either that it be an Englewood off-duty police presence or the presence of our contract security that we have with the court. And that would be based on the type of event whether or not we would require security. And at this point probably an event with alcohol service would require a certain amount of security. If it is an event that is potentially ~·~·"·· 4 9 ' I i 1, Ii ' . I ii 11 "91M~~-S...6fJI. e.,,-..,t. ~ trJtlO (9()9J 1n-1tsr ~AX (9()9J m-trtl4 ---~ .. -,o.;c. -~ --- , . I • 0 • • I I I I I I I • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 • ,. ~-· .. .... • • .. controversial in nature, we would be looking at some level of security as well. Basically, at this point I'll ask if you have any questions for me. I also add that we have had requests from the Museum of Natural Arts very recently, this morning, to utilize the Community Room for an opening of an art exhibit. The art exhibit is being put up now for the weekend. One of the things that I wanted to be careful about before making a commitment was that if it is held on a weekend, we don't have staff here and we have to bring staff in and there is a cost involved with that. ... The way I would propose that we address that in our policy is that we include either City-sponsored or cosponsored events and that we deal with those on a one-by-one basis. Clearly I don't want to assume that we would be required to, or encouraged to, hold events on a 18 weekly basis that would have a cost to the City. 19 However, if we did have an organization or 20 other community organizations that wanted to have an 21 event during the weekend, and the City chose to 22 cosponsor, we would do that without a charge. 23 24 25 MS. BRADSHAW: I have a comment. I know it is late. I didn't realize that the kitchen was not a kitchen until I ran in there Friday and thought, This is ~'~·"·· 50 ' ! i 1, Ii I' n,.,,_~,,__. S..IDI. e.,,-... e,,,,,,-1()11() <Sf811n-1rsr -;,n <SfJSJ 1n-1144 . . , • I • 0 - • • I r I I I I I I I I I I I I • 1 2 3 4 • )-~·· ... • - interesting. I'm disappointed in the scope of the kitchen and the facility there. One of the reasons that we wanted to have the Community Room and the kitchen was so that service clubs could meet like Rotary and Lions. 5 And I think that is community. And I think it is 6 important that we welcome those. 7 I don't know if that kitchen is going to be 8 the scale that they can use, and I really had a problem 9 with the fact that citizens' private use is going to be 10 11 12 13 14 15 16 delayed until January because I know that there are organizations that called and asked. And I know we need to watch the policy but, you know, it is our Citizens' Civic Center, and I don't think we need to lose sight of that. MR. FLAHERTY: In term of private use, I guess what we're referring to there is not necessarily 17 organizations, whether they be service or otherwise, but 18 we're talking about someone's private wedding reception. 19 And the reason that it was suggested that we hold off for 20 the remainder of this year was just to see what other 21 23 24 25 usages we would have that are within the community. I'm not suggesting that we would not change that or couldn't change that, but we were a little concerned about the level of activity that we were going to have in the Community Room would be on a community ~ ...... '~. "·· 51 9"...,.~,,,__. S-.IIJI. ~. ~ lfJII() <,asJ m-101 ~..n ,~, m-tt# ,. . ' i I • 0 - • r I I I I I I I I I • ... • -.. 1 basis or an organized basis before we got into wedding 2 receptions and things of that nature. 3 MR. YURCHICK: Do we want to get into all 4 this? That sounds like the direction this is going . The 5 weddings and other private functions. 6 MS. BRADSHAW: Where do you draw the line? 7 MAYOR BURNS: I'm a little surprised to hear 8 you say that. I didn't think we'd be hosting wedding 9 receptions either. 10 MR. FLAHERTY: Well, it is intended that we 11 don't do that for the remainder of this year. At some 12 point, if it is your direction that we do that, we could 13 do that. But at this point in time we're proposing that 14 we don't do that until 2001 at the earliest. 15 MS. BRADSHAW: My problem is, I don't have any 16 problem with the Chamber of Commerce, Neighborhood Watch , 17 the Lions Club, those kinds of things, but my concern is 18 I think there might be some confusion as to where the 19 boundaries for the MOA are. And I think that that might 20 be --they have part of their space, and I am so proud 21 that they are here and they are a positive asset to this 22 facility, but I think there needs to be some limits set . 23 24 terms of MR. FLAHERTY : We have concerns, likewise, in particularly those events that would be held 25 after hours in which we would have to provide staff here. ~ • .S.,.,.., "·· 52 II 1, I ' 1, II I I Ii 1, nstM~."'-. S...6tJI. ~. ~ lfJIIO t,osJ m-,ar ~Al' (9()SJ m -,r• I . 0 - • I • • .. ... . • - 1 That is a concern and the question that I wanted to bring 2 up to Council in that particular case is, is that 3 something the City Council would choose to sponsor or 4 not? And if so, how many times a year? 5 6 7 MS. BRADSHAW: Can their facility sponsor it? MR. FLAHERTY: I'm sorry. MS. BRADSHAW: Can their area sponsor it? 8 That is why they have the MOA area. 9 10 MR. FLAHERTY : I'm not sure what the i r i n t ent is . On this first exhibit, obviously their exhi b it 11 extends beyond the gallery. It extends into t he 12 Conununity Room and into the atrium and I 'm assuming what 13 they wish to do is open up that exhibit and u tilize tha 14 area where the art pieces are displayed. 15 16 reception? MAYOR BURNS : Are they havi ng a special 17 MR. FLAHERTY: Basically an exhibit openi ng, 18 and I'm assuming that that would be a reception -type 19 opening. 20 MAYOR BURNS: That would be open on a daily 21 basis for some time , and that would interfere with the 22 use of the bui lding. 23 MR. FLAHERTY: Their gallery, per their 24 contract, is accessible to the public on a daily basis. 25 The issue that I guess we're talking about is whether or ~ .... '.S,...,... "·· 53 ' I I : ,, :: : ,, 11 11 1: .J.U1111Nt~ ""-· s... tlfJI. e.,..-t. 4""-'-1rJIIO {,o,J m -101 ~..n {,o,J 1"-""" I· 0 • • ] I I I I~ II • • ? ~ ~·-.. -~ • - 1 not we want to make the building available for their 2 exhibit on a weekend when we are not open for business. 3 And we would have to provide staff here to open the 4 building and provide security and janitorial services. 5 MAYOR BURNS: But if we did that, it is just a 6 weekend. 7 MR. FLAHERTY: They are just looking at the 8 reception for two days, Friday and Saturday of 9 mid-August. 10 11 MR. GARRETT: It is mid-August? MR. FLAHERTY: I think it is the 19th and 20th 12 or the 20th and 21st of August. 13 MS. BRADSHAW: My concern is that of the 14 appearance of impropriety in that we let a private 15 organization have access and we don't let the citizens 16 have access. 17 MR. YURCHICK: I thought that was what that 18 was for, is they got priority to use that. 19 MS. BRADSHAW: Yeah. That is what I thought 20 that was for. 21 MAYOR BURNS: Once that is set up and -- 22 wouldn't that be an appropriate place for the board of 23 Parks and Recreation to have their exhibit over there? 24 MR. FLAHERTY: I'm not sure. 25 MAYOR BURNS: We talked about having the ~•*-'I~-'le. 54 I, 1, I • ' ! ; 1: Ii llf1111Mt~"'--s,,,,.a. ~-~ lfJflO (,osJ m-,rsr -;,n {!J()9J 1n-1r114 . ' I • 0 I • I • I • ,.,.- • -~· .. ·~ • • ' 1 presentations and lectures and things like that . And 2 extra space that you would be in charge of, could they 3 have an exhibit that is large and sort of spill over into 4 that space and allowing access to the Community Room? 5 MR. BLACK: Absolutely . What we had talked 6 about was programmed better. There is a priority that is 7 associated outside in terms of the City, the first 8 priority, the program we have there. And then I think 9 there is a number of programs that between the Ci ty and 10 MOA, they can work together on it. But I think part of 11 the intent agreement was that there is a number of uses , 12 that they can use that sign as well if the City is not 13 using it. So I think that is certainly appropriate. 14 MR. GARRETT: When is that anticipated to be 15 finished? 16 MR. BLACK: Three to four months. 17 MAYOR BURNS: Maybe if that space was 18 available 19 MS. WOLOSYN: I think this is related to the 20 fact. Usually when you have an art opening, you want 21 people to see the show. I think i t is a onetime only, 22 because you want to show off your own premises for an 23 opening . That might be something that could be 24 explained. 25 MS. BRADSHAW: We had a really --we had to ~ I..S..-.. 'lee . 55 Ii i i ! II 11 I, .u,-..,~-""--s-,.1()1. E ,, ,. ~ l(Jtl() (SOSJ 1n-1rs1 ?...n <90911n-1144 •· ,. ' ~ • I • 0 X - • I I I I I I I • .. • - 1 draw a line as far as what space was available. And now 2 I see people sort of saying, Well, I won't use that space 3 because I can only have that so many times. 4 MS. WOLOSYN: I hate to see that they are not 5 going to put the art in the hallways. 6 MS. BRADSH.~W: I don't want that either. I 7 think there needs to be 8 MS. WOLOSYN: You mean we would say, thi s i s a 9 onetime only -- 10 MS. BRADSHAW: If they want to put the i r art 11 out, I think that is fine. But I also think we can reciprocate with an opening or something like that . need to watch it. MS. WOLOSYN: I agree. MR. YURCHICK: If it is a onetime deal, I We 12 13 14 15 Hi 17 18 don't like the idea, if we don't give them that, they aren't going to put their art out. 19 like that . 20 MS. WOLOSYN: I don't want to avoid anything MS. BRADSHAW: I think we can but this Civic 21 Center --it says, Englewood Civic Center, and that i s 22 what it is for. I think we need to look at these and get 23 back to you. 24 MS. WOLOSYN: I don't know if it is in their 25 agreement to put art in our building. ~ ..... ·~·"·· 56 ' ' Ii .n,...,~ ~. S... IOI. e,,,,..-. ~ ""'° c,osJ m -ra, ~,n c,osJ m -,t• ' ' . .. I . 0 • • I I I I • • .. ,. .·"" • • 1 MS . BRADSHAW: I also know there were children 2 caught painting in the Community Room, among other things 3 going on, where they were overstepping boundaries. 4 5 6 addressed. MS. WOLOSYN: MR. FLAHERTY: That is something to be One of the things that was 7 mentioned when they had requested the use of the 8 Community Room was that until the other space is 9 available, the art space is available, they would like to 10 use the Community Room. Frankly, we will have similar 11 issues once that cultural space is available because we 12 will be looking for added costs for after-hour activities 13 in which we have to have security and other services. So 14 the issue is going to be the same but in a different 15 room. 16 MR. GARRETT: The issues are slightly 17 different because we have a professional relationship 18 with MOA to use the cultural arts space, and I think from 19 what I hear in the policy issue is if we choose to take 20 the MOA art exhibit and put it in the Community Room, 21 we' re saying -- 22 MS. BRADSHAW: We're saying, You could have a 23 reception . 24 MR. GARRETT: Yeah. I think we have to -- 25 they have already talked about putting art in there and I 57 : ' : ,, I ' I ! I i, ~·-'s---. "·· ns.,,,_~.,,,,,_. s...llJI. ~-~ ltXI() <,(SJ m-1n1 ~..n <S()9J m-1tt1t1 ., 'I I • 0 - • • I I I I I I I I • • .. • -' 1 think once we open that door, if they have a showing, the 2 art is in there. 3 MS. BRADSHAW: And offer an art exhibit at 4 that price. 5 6 7 discuss. MR. GARRETT: Those are things we need to MS. BRADSHAW: Yes. I want to see Lions Club 8 meetings in here on a regular basis . That is why we put 9 that room in. I want Rotary, if they want it, and 10 Kiwanis, if they want it. That is why we put that room 11 12 13 14 15 16 17 18 in. MAYOR BURNS: I think we can accommodate those folks from time to time, but I don't think we can do that every single week. MS . BRADSHAW: That is why that kitchen is inadequate for that use, and I thought that is why we d id it. MR. SEARS: We actually have a request from 19 the Lions Club to use that, and we will meet with those 20 people. If they do come back with the request for 21 additional kitchen space or whatever, we may bring that 22 back to the Council . But we need to meet with them. 23 The only concern is that if we do have that 24 weekly meeting and there are some special functions that 25 you want to do, you can't be served there. And there may ~•Mil Is,.,.-,. 'Jee . 58 I I, " II 1, .u.,-.,~....__. S-,.6()1. ~-~ IOIIO l!IOSI 1ff-llSt "JAX (!/OSI 1ff-lt44 .. • I I I • 0 - • • ( I' 11 ·1 l I I • 1 2 3 4 5 6 7 8 9 10 11 12 • ~. • • ' be occasions just like the RTD meeting, or luncheon, or something, that we may want to have down the road. And if they're in there, they're in there . You may forego some other activity, which is fine. If that i s the direction we go, then we go that way. MR. YURCHICK: You can cancel a meeting within a 24-hour notice . MR. FLAHERTY: We put that in as sort of an out if we needed to do that . But, frankly, we're not looking toward to calling somebody and telling them that we had to cancel, particularly if they paid out money in advance . 13 MS. BRADSHAW : I think that is why we have a 14 Community Center. Maybe I'm not looking at it the way 15 you are, but I just think that is why we have a Community 16 Room. 17 MS. WOLOSYN: I agree. I think that the 18 Community Room should evolve over time as a place where 19 there is an opportunity for others. The Lions would have 20 21 22 23 to understand that every once in a while they would have to miss meetings just because it i s a big community. We don't know how the community will evolve. Maybe the residents over there will want to have meetings every 24 once in a while. I'm sure they'd understand that. They 25 are men of the world. Sometimes it is give and take . ~,s ...... 1 •. 59 I !i II 11 I ! I! n,._,~A-. s...o. ~-~ro,I() {9()SJ m-1rs1 ~..n<!IOSJ 111-1144 "'• I • 0 • • .. • -' 1 MS. GRAZULIS: Would you be as mad for MOA 2 using this room if the citizens were also allowed to use 3 it at the same time? 4 MS. BRADSHAW: What do you mean? 5 MS. GRAZULIS: If the citizens didn't have a 6 restriction right now and they could start using it a l s o , 7 would you be okay with them using it then? B MS. BRADSHAW: I didn't know MOS was allowed 9 to have classes. That is what occurred . 10 MR. FLAHERTY: I think they have had a request 11 for two days to use the Community Room for a class. That 12 is not a painting class, and basically the reason is 13 because our other room isn't available . And what I told 14 them is that those uses will count against their uses 15 when others are available. 16 MS. BRADSHAW: I'm upset because we asked 17 citizens for their input to build this building and now 18 we' re saying you can't use that. 19 MS. GRAZULIS: I thought our citizens should 20 be able to use it too, so I did have concern with that 60 ' ' I ! 21 myself. , 22 MAYOR BURNS: I want to thank you and your 23 group for doing work on that . 24 MR. FLAHERTY: We do want Council's input. We 25 know that we're not going to go forward with policy until ~l~.1 ... .u,.,.~ ""-· s.. ""· e.,,-.,t. ~ rt1110 <,()SJ m-1ts1 ?A.t (30SJ m-,t• I • . , ' . I • 0 • • I!'.,,, .. • • ' 1 we have what direction you can give us. 2 MAYOR BURNS: I think with the service, if the 3 kitchen isn't expanded, that is a problem of getting the 4 5 food in here, and how much does that cost? MR. FLAHERTY: Right now we have a holding 6 kitchen, and basically it does require a caterer to 7 B 9 10 11 12 13 provide food services. MS. BRADSHAW: And that is not what I understood we were building. full-service kitchen. I though it was a MS. GRAZULIS: I thought so too. MAYOR BURNS: I think what we're saying is it is going to take more discussion. 14 MR. GARRETT: It is a perfect study session 61 Ii i: I: ' 15 topic. ii 16 MR. SEARS: I want to thank Frank and Linda 17 and Lou for the codebooks that you now have. A lot of 18 work went into those so thanks to them. Also, the 19 County, John Brackly (phonetic) mentioned several times 20 about a trip that many people throughout the county are 21 going to be taking to Virginia for a emergency response 22 program. It is basically $75 for about a week in the 23 middle of November back in Virginia for this. 24 There are many mayors, managers, council 25 people, and we also have Chris Olson and Jim Albright who ~--. S-,,,-. "·· Ii !J!JS-.r~ ....... s... ""· e.,.,,-. ~ ,r;,,o (S()SI m-,nt ?..n (S()SI m-tt# I • 0 I - • • 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • '··.-~ .. • - are planning to go. They do have one additional slot for a person in Englewood, a council member or a staff member, and I just wanted to raise that to see if there was a council member that would be interested in going for a week in November. They have three slots and a waiting list with 35 people. MR. GARRETT: November is such a pretty time of year . It seems like a staff person would get more ou t of this. MR . SEARS: I haven't made up my mind to go or not. I probably will go, but I wanted to give the opportunity to a council person because there will be a number of mayors and council people and commissioners that will be there. It is a great time in November for that, so I'll probably plan to attend that. That is al l I have. Thank you for all your support and really it i s a great success for this community, and I know I have a great staff. You people have worked so hard, and I want to say thanks . MR. BROTZMAN: We need to revisit Agenda Item 8.i. There was a reason that the resolution read something other than code enforcement. In talking with Sue Bledsow (phonetic), there is no opening on that Code Enforcement Advisory Committee. There is no slot, so I'm afraid you are going to have to have another vote. ~..,.,..,s ........ 'I •. 62 I! i :i 1, 1, p ' ; I! 11 BS'IIM~"--· s-,,6()1. e.,,--t. ~ tDllfJ ~, m-101 -;,n (9()91 m -,1• .. I • 0 • • • 1 2 3 4 from? • 1 .. • - MS. BRADSHAW: What did J.L. Barnes resign MR. GARRETT: How did we get that screwed up? MR. BROTZMAN: I have no idea how that 5 happened on the agenda. 6 MAYOR BURNS: When he had the meeting, it 7 wasn't exactly accurate. 8 MS. BRADSHAW: I thought we straightened it 9 out. 10 11 12 13 14 15 16 17 18 19 20 MAYOR BURNS: I thought we did too. MR. YURCHICK: What happened to the lady from Swedish? She was the first one. MS. BRADSHAW : I move that we withdraw the formal vote on 8.i. MS. WOLOSYN: Second. MAYOR BURNS: Please vote. THE CLERK: All votes have been cast. record show six ayes. MAYOR BURNS: Withdrawn. Let the MR. BROTZMAN: If Council so desires, we can 21 make her the first alternate like we did before. 22 23 MS. BRADSHAW : Okay. MAYOR BURNS: Yeah. Anything else? We move 24 to adjourn. So we are adjourned. Thank you all. 25 (The proceedings were concluded at 9:24 p.m., ~·~·"·· 6 3 I! Ii 11 !199 --~ "'-· s-,. 6()1. e.,,--. ~ t(Jft() (3(JSJ m-,rst ?,n-<30SJ m -ttt# • I I : I 11 ;: I I ' I • 0 ... • .. ' -.. ~· . • . ' -.. .. .. I I 64 I 1 on Monday, July 17, 2000.) 2 3 4 5 1, 6 1, 7 8 9 10 11 1, 12 II I 13 :: 14 ,, 15 ii 16 II II 17 II 18 1: 19 20 21 22 23 I • 24 11 • 0 25 Ii ~-I.If • ..s....--. "·· .u,-.,~ ....... S... IIJI. s.,,-.. ~ lfJRO t,tSJ m-1rs1 ~..n (9()SJ m-11# -. - • • • -------------:.,---4 • .. • -' 1 REPORTER'S CERTIFICATE 2 I, Debbie Michaels, Professional Shorthand 3 Reporter and Notary Public in and for the State of 4 Colorado, do hereby certify that said proceedings were 5 taken in shorthand by me at the time and place 6 hereinabove set forth and were thereafter reduced to 7 typewritten form as per the foregoing transcript; that 8 the same is a full, true, and correct transcription of 9 my shorthand notes then and there taken. 10 I further certify that I am not related to, 11 employed by, nor of counsel for any of the parties or 12 attorneys herein, nor otherwise interested in the event 13 of the within action. 14 My commission expires May 18, 2001, and 15 I have hereunto set my hand this July 21, 2000 . 16 17 18 19 20 21 22 23 24 25 Shorthand Reporter and Notary Public ~,s ........ 1 •. 65 .J.U'lllw~ "-· s... o. e.,,-... ~ rtJtl() (9()3J m-rtsr ~..n (9()3J m-,r• •· ' e ) I· 0