The URL can be used to link to this page

Home My WebLink About2000-06-26 (Regular) Meeting Agenda- • • ~ ,,-- • , ..... • - Regular City Council Mtg. June 26, 2000 (Public Hearing -continuat ion Hawthorn Suites) ... ' . .. .. ~ .. .. 0 - • • - • • - Englewood City council Regular Meeting June 26, 2000 ordinance ~~/.yr,' 4. 47, 48, 49, 50, 5 1 Resolution #~Y,/,54, 55, 56, 57, 58, 59, 60 • , .. ~· .. 0 • 0 0 I • 0 • • ,... . • ... • - ENGLEWOOD CITY COUNCIL ENGLEWOOD. ARAPAHOE CO NTY. COLORADO I . Call to Order Special Session June 26, 2000 The special meeling o f lhe Eng lewood Ci iy Coun ci l was ca lled lo o rd er by Mayor Burns at 7 :35 p .m. 2 . Invocation The in vocation wa gi,en by Coun 11 Me mber Nabholz. 3. Pledge of Allegiance The Pledge of Allegiance wa, led by Ma yor Burns . 4 . Roll Call Present : Absent : C o unci l Members Nabho lz. Garrell . Brad,ha". Wo k>>) n . Yurd11 c k. Burn, Counc il Member Grazulis A quo rum was present A lso present : C tt ) Manager Sear, C tt ) Attorney Brotzman C tt y C lerl E ll i, Directo r Olson . Safety Sen 11.:e, Planner La ngon . Commumty Development Dore to r S impson. Communit y De ve lopment Engineeri ng Manager/Capi lal Projec ls Manager Ka hm . Pubhc Wo rls Mayor Burns said he \\Ould lik e to "ek me e ,eryone to th e first meeting o flhe Cit y Coun ci l in th ese c hambers . He said he \\O U Id hke to thank Ci ty Manager Gary Sears. me mbers o f C tt y Counc il. department head s , and all the peop le who \\Orl ed ,o hard to compl ete the move . I kn o w there is a littl e unpacking to be d o ne ye t . he s aid . but we ha,e had so me ,ery good responses fr o m u ur City staff and th e pubhc . Ma)or Burns commented that he was ho peful that everyone could hear wi th thi s sound sysle m . He no ted th ere will be a 10 1 o f adj usting as \\C use thi s roo m. bu! it is a great pleasure a nd a thrill to be he re after many years of effort . On behalf o f Council. he thanked Assistant City Manager Mike Flaherty. who wa, ,art o f the guru of the move. as we call him . and all the department heads 1ha1 wo rked so hard o n thi s move. I le o pined it wen! very we ll a nd tt wa s ahead o f time by !he time it wa s completed . He was ho peful we will have many. many years o f good use o ut of !hi s building . 5. Minutes (a) COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE REGULAR CITY COUNCIL MEETING m· JUNE 5, 2000. Ayes: Counci l Members Bradsha w. W o losyn. Yurchick . Burns Nays : No ne Abslain : Co unc,I Mem bers Nabho lz. Garrett • I • 0 • • Englewood City Council June 26, 2000 Pagel Absent: Motio n carried. 6. Scheduled Visitors There were no sc heduled v1s 11 ors. 7 . Noa-scheduled Visitors • ~ ~- • • -... Council Member Grazuli s (a) Director C hns Olson said he jusl wanted 10 talk about the Jul y 4th fireworks .. ' enforcements . As you have probably read in the paper. seen o n TV and through a variety of sources. he said. we will once again panicipate in the very active enforcement of fireworks violations in 1he Cny 1h1 s 4th of Jul y. Ac1ually. we have staned ii already and will be more heavil y inl o ii thi s Friday as we figure the whole weekend is probably going 10 be filled with thi s. But. Director Olson sai d . we are a very active member of the Metro Fireworks Education Coalition Committee. and o ur goa l is to make s ure th at peo ple in thi s metropolitan area. and the State understand 1ha1 in mosl areas firewo rks are illegal in 1he S1a1e of Colorado. Even tho ugh you can buy fireworks in the State of Colorado. use . for the mos1 pan. b prohibited . He stated that in Englewood. everything is prohibited. even sparkl e rs. So if you have friend, o r neighbors thal are usi ng the se. please inform them that we will be o ul enforcing thal and "suing ci 1a1i o ns. he advised . We will be having a special team. o nce again . of a firefigh1er and a police o fficer o u1 in a special unit, and they will be going ou1 directly 10 those locati o ns. He pointed o ut that 1he fire divi sion. as well. will be going out and will be confiscating and asking for citations to be issued . So 1hose will be presented generally through municipal coun. he said. depending o n the na1ure of the charge . If i11 s some son of an arson charge. it could go to county or di strict coun as well. So we will be o n o u11h ere. and I guess I'm preparing you for the fact 1hat you ma y be getting some complainl s. he said . As you know. a 101 of people spend a lot of mo ney on these firework s. He stated thal we will be confi sca1ing and "suing citations. so there probably will be unhapp y folks o ul there. The wh o le point" 1ha1 II" an educat1o n-l)pe process, and we hope that over the years ii will encourage ci1izens 10 adhere to the laws. a, "e ll a . hopefully. put a bug in the ear of the state legi slature to get some active work do ne o n making sure 1ha1 sales and use are taken care of o n a s1atewide basis . He 1hanked Coun ci l. (b) Don Leadabrand. 328 1 South Galapago Streel. sa id 1ha1 first of all he "anted 10 1hanl two of the Council members. He staled 1hat he called Ms. Bradshaw and Ms. Nabho lz o n Saturday afternoon. The wind had come up Saturday afternoon. abou1 a 30 to 40 mile an ho ur wind . The enure area moved over into my area. he sai d. and the dus1 and din was such thal we couldn ·1 sit o ut side for abou1 lhree hours. He advised that they did start the wa1er truck thi s morning. Mr. Leadabrand asked if there wa s anyone he could contact o n 1he weelend to gel something done about that. He acknowledged lhat lh e Council members tried their bes1 to get somelhing do ne. but they couldn 't get ahold of anybody unul Monday. No1hing could be done un11l 1h1 s morning. he sai d . which was a little bi1 la1e . He a,ked aga,n ,f there was anyone he could contact. City Manager Sears advised 1ha1 Rick Kahm . our projec l manager. was presen1. and he could provide 1he name of someone with Saunders Construction Compan y. Saunders is responsible fo r 1he entire site. al o ng with Trammell Crow and their contrac1ors . he sai d , and the y would give Mr. Leadabrand a call later tomorrow with the name of a contractor. He asked Mr. Kahm if there was a conlac t person on weekend duty. Capital Projects Manager Kahm said he did nm have thal information at lhe mo ment . However. he advised. if they were to call Safety Services. the emergency call number for the contrac1or fo r Saunders is over there . Mayor Burns suggested Mr. Leadabrand be given 1hc name of someo ne 10 call. . I • 0 • -• Englewood City Council June Ui, 2000 Pagd . ,. • ~-. • • -.. Mr. Kahm stated there is a wa y o f co ntacting th ose folks o n the weekend . Council Member Bradshaw as ked if they call Safety Services. what number do the y call. How do the y get ahold o f Safety Service, o n the weekend ? Mr. Kahm ad vised the y s ho uld call 303-76 1-7 ~90 a nd then a,k for Saunders Construc ti o n. Mr. Lcadabrand said thank you and co mmented that he kn ows that the people working there do not hvc in thi s area. so they do n't kno w what is going on. I realize thi s i, diffi c ult . he said . He noted that he attended the neighborhood meeting of June 15th at Bis ho p School. and there wa s quite a di sc u s io n re garding th e wall. He asked 1f there was an y o ut co me o f that meeting . L1~e what . Counc il Member Brad shaw as ked. Mr. Lcadabrand said a change in the wall. .. bringing the wall cl oser o n Galapago Street. th ere is st ill abo ut a 60-foot span and there wa s a d isc ussio n on the height o f th e wall. Mayor Burns advised that Council JU St had a di scussion o f that in the St ud y Sess io n before thi s meeting. It came up and we di sc ussed II some more . he said . and Councirs consens us see med to be 10 take a gradua l approach to that. to stan inc reasin g the wall on the we st s ide . Council Member Brads ha" s tated that the west si de wo uld be inc reased two feet. Mayo r Burn, noted th at in a couple o f week s we'll be te sting thi s because the bu ses wi ll be runnin g. and looking at the gates we 're tal~ing about as well. to tr y to work with the neighborh ood to ha ve th e be st e ll ixt we can from increas in g the he ight of the wall and also the gates. The idea seems to be no t to put everything in at once. because we are no t sure we will need all o f that . but to see ho w it wo rk s by in c reas in g th e wall o n the west s ide . and mo ving to "ard the east. as it seems necessary. in o rder to get the be st result . But th e whole idea 1, to wo rk with the nei ghbors in order to ha ve the best result we can . he said. to be ca pable and ready to do what we need to do to ha ve the be st re s ult. Mr. Leadabrand ,aid that he d1dn "t kno " ,f he had an y !Im~ left o n hi s five mmu1 e,. but there 1s a gentleman that came in that wa s not able to s ignup to speak . and he wa s wo ndering ,f It wo uld be all ri ght 1f he shared some of my time. Mayor Burns said sure and he in vi ted the ge ntlema n to come o n up . (c ) Bill Mulnix said that he o wn s the propeny at 3~80 So uth Galapago Street and he Just had a couple statements. He sa id he wo uld again like to request th at the wall o n Fl oyd Ave nue be c lo,ed . I le advised that, at the neighborhood meeting at Bi s ho p Elementary School that th ey attended. the fir e c hi ef said he had no problems with putting in wooden ga tes at all o f the o penings. a, lo ng a, 1hcy were bo lt ed . Mr. Mulnix stated the o pening at Galapago is 80 feet. and he wo uld like to req uest that th at be brou ght down to 35 feet. and at the 35 foot o pening. the y put in wooden gates that wo uld be stai ned o r painted to blend in with the brick . An 80 foot o pening o n a sound barrier wall just does not seem lo gi cal to tr y to ho ld pollution and dust and no ise o ut o f th e nei ghborhoods. he sai d . And again . I wo uld j ust like to ,ee 1f th ey could ... in stead o f takin g a wait and see attitude about ho w th e 400 buses are goi ng to affec t o ur corner. .. 1f we could get the gates taken c are o f as soon as pos ible . Mayor Burns a s ked if the 80 foot wall was di scussed at the meeting. the 80 foot gap . He a ked what th e consensus was . Ms . Nabho lz said she had to lea ve . Council Member Yurchick advi sed that they di sc ussed it. It wa s brought up and th e concern wa s ha vin g a wide enough openi ng to get the emergency equipment th rough. He said he didn·, remember th e o ut co me . Council Member Brads haw commented that in the Study Session they said they wo uld acce ss tha1 neighborhood via Eastman . She as ked if that wa s correct. • • I • 0 • • Englewood City Council June 26, 2000 Page4 '·. ,,-. • • - Mr. Mulnix said it is his understanding that they are widening Floyd o n the north side. o n the other si de of the bus route; they are widening that whole street there also. 10 make access fo r the tire truck s. Council Member Bradshaw said they have decided the y can access that neighborhood on Eastman without adding any widening to Fl oyd . Mr. Mulnix sa id. then the y are not going to widen Floyd anymore? Ma yo r Bums staled that Council was told a few minutes ago that they determined they could go down Eastman without going down Fl oyd . Mr. Mulnix said that is what he th ought. Council Member Bradshaw asked if hi s concern is that the entrance to Galapago is 80 feet. and he would like to make that 35 feet with a gate . Mr. Mulnix said he th o ught 35 feet wo uld be tine. because that would be sufficient for the tire trucks. Council Member Bradshaw asked if he had talked to other neighbors o n hi s bl oc k. Mr. Mulnix noted that Don Lcadabrand lives right across the street. Ms. Bradshaw explained that our concern is that there were people who were in early o n in the process when we started talking about thi s. about how were goi ng 10 treat Floyd. and the fact that we were going to put a so und wall up . And there were people who were at meetings early on in the process wh o said that was just fine . And until the 11th ho ur when yo u were at ur last meeting. she said. and so wa s Mr . Leadabrand. that was the o nl y o bjecti o ns we had heard up to th at point regarding the wall. Ms. Brad shaw no ted the planning proce ss has been going o n for fi ve yea rs. two for sure. on that neighborhood . She explained that we are trying not to negate what wa s already agreed 10. with the rest of the neighbors. That is why. she said. we are going to proceed at a slower pace . I am tryin g to explain our point of view . Mr. Mulnix sa id he can understand that . Council Member Bradshaw asked 1f she had explained Councirs position o n that fairly. Mayo r Bums sa id he thought so. Council Member Nabholz pointed o ut that we are not going to quit li stening 10 that nei ghborhood . Council Member Bradshaw said absolutel y not. (d) Joanna Mulnix s:u d she has talked to several of their neighbors. and she ha s talked to the lady at 3290 South Galapago and she 1s so upset she is ready to try to sell her ho use. that she totall y agree, and wants it closed. Ms. Mulnix said she had talked to Lee and Sherry Barto n at 3270 South Galapago. They·re older people. she noted . and the y are too upset about thi s whole thing to even show up . They abo would like to have 11 closed. The o nl y neighbor that I talked to. she said . that wouldn 't completel y comm it and wanted to think it over. is a person that takes the bus and wo uld like an opening al lea st at Elati and Inca to access RTD. And every o ther neighbor is in favor of closing it. She stated that the y are concerned about parking pro blem s. people walking up and down from the apartments 10 the park. and they believe th a t access should be along Inca . So they o uld access the park o nl y o n Inca . Council Member Brad shaw asked . Ms . Mulnix said )CS. instead o f people walking through their neighborhood. as they are already having problems with even the workers. the noise. and the pollutio n. she said . Council Member Bradshaw sugge sted she ca ll Saunders and tell them . Mayo r Burns no ted that is easy to say. but it is kind of to ugh to kn o w where to ca ll . Ms . Mulnix advised that they ha,e been experiencing the proble ms all ye ar. all the neighbors ha ve. especially on Galapago Street. They are trying to gel across to Council. she said. that in o ur o pini o n we ca n keep our neighborhood and ,1111 have the sho pping center separate. Council Member Bradshaw asked if they want separate gates . Ms . Mulnix said yes, and closed. But no t just ugly wooden gates. she said. so mething that wo uld look nice ; not ugl y. brown wood gates. but painted . • I • 0 • • Englewood City Council June 26, 2000 Pages --·· • • -' stained. designed gates that wo uld go with the design o f the wall. Cou nt'il Me mber Brad shaw said yes th at she heard that. Mayor Burns commented that he th o ught thi s has been consistent for the la st several yea rs. th at th is neighborhood said the y wanted to be buffered fr o m the effec t of thi, de,elo pment. and it is consis teni wnh our promise to them that that wo uld happen . I think "e sho uld coniinue to wo rk ve r y closely o n thi s. he said . Mayor Burns thanked everyone fo r coming. (e) Steve Schalk stated he was with the Gothic Theater at 3263 South Broa d\\ay in Englewood . He said he just wanted 10 bring Council some numbers fr o m hi s last year with the three percent sales tax he pays for e very person that come s to hi s theater . Mr. Schalk explained that he is very different than a movie theater. in that a pan of the gross that come , into a theater is taken 10 pa y fo r that movie. He noted he sometime s ha s a $10.000 .00 act. and he bnng, in $8.000.00. the Ci ty still make s 1hree percent of that and he has already lost $2 .000.00. plus the three percent. Last year. he ,aid . he ,pent. roughly, $423.000.00 for live talent and he brought in $270.000.00. the C n y made $8.000.00 and I lo,t $152.000.00. I would like the Ci ty to wo rk wnh me for a lntle bit o n this partnership "e ha ve all talk ed about for so long. he said. Mr. Schalk stated he is bringing c ulture 10 Engle,H,od. that he ,up pons a ne" dance theater. but that he want s to sta y in bu s ine ss too. Mayor Burns said that he was not s ure we ca n mak e up 1ha1 kind of gap Mr. Sc halk explained 1hat he 1s not looking to make up that gap. that he is Just lookin g to eliminate thal 1hree percent sale, tax . I'm competing against theaters in both Bo ulder and Denver. a nd neither o f th e m pa~s 1ax o n 11de1 sales. he said. He noted the bands pay state and sa le s tax . Maybe you can tell me . he said. "here my mo ne y goes. where the three percent goes here in Englewood. , e"u' Bo ulder and Denver where th ey gel nothing . Where did my $8.000.00 go last year. he asked . Council Member Bradshaw ,aid 1t goes in the General Fund . City Manager Sears stated 11 goes 10 provide po li ce and fire se" ices . Mr. Schalk commented that he pays taxes on his liquor and everything else too. City Manager Sears said it is an admi ss io ns 1ax . 1t I actuall~ tax that he co llec ts . But i1 ·,, j usl lik e any other bus iness that collects thal tax and II goe s 10 the general fund Mr . Schalk stated that live entenainment 1s a d1fti c ult busine s. He noted they are pa ying ta xes and he didn't really see the justice of thi s three percent. He noted II is not a ta x o n the pro fit s. it is a tax o n th e gross. I will give you a tax o n 1he profi t. he sa id . Mayor Burns said he is s ure he wo uld . Council Member Brads haw advised Mr. S halk that Counc il wo uld take th,s under advi sement. Mr. Schalk said that he had prepared a paper to give 10 Counc il with a ll th ose numbers . Mayor Bums said Council wo uld be happ y to accept whatever he had wi th him . 8. Communications, Proclamations and Appointmrnts There were no communications. proc lama1i o ns or appointments . 9 . Public H~arlng (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 33, APPROVING THE HAWTHORN SUITES PLANNED UNIT DEVELOPMENT. Ayes : Council Members Nabho lz . Garrett. Brads haw. Wo losyn. Yurc hi c k. • ., I • 0 - • • Englewood City Council June 26, 2000 Page6 . . Burn s Nays : o ne ,-. • • - Absent : Coun c il Me mber Grazul,s Motio n c arried and the Publi c Hearin g opened . All wnncsses were dul y s worn. Planner Tricia Langon stated 1h a11hi s a continua1i on o n 1he publi c hearin g of Ma~ 151h reg.1rding Coun,il Bill 33 for the Ha"1ho rn Sui1es Limiled HOie! Planned Unil De ve lop ment. The purpo,e o f 1he public hearing 1s to determine 1he land use decision to consi der the re zo nin g from R3 10 PUD for 1h e intent of construc ting the 52 room hotel. Al thal publi c hearing on Ma y 15th . s he sa ,d . app li cant Michael Plante requested financial ince n11 ves to. quo1e. make 1he hotel a reali1 y. He reque,1ed a \\al\er of \\alcr and ,c"cr assessment fees o f $127 .000.00. waiver of use lax o n malerial s fo r SS0.000 .00. aba1ement of 1he ,ale, 1,1\ over a five -year period with a n a, erage of ~5.000.00 per year. a nd an aba1e ment of 1he lodger ta., '" er a fifteen year period. whi c h a,eraged $22.000.00 per year. Counc il directed s1aff a l tha1 11me to re,earc h approximatel y seven kc ) , ue s rela1 ed 10 the incen1ive request. Ms . Langon .a,d ,he ,H,uld hke 10 1han~ all the depanments m the C ot y tha1 a,s,s1ed wnh 1he analysis . 11 ha s been a compl ex a nd d,ffiruil 1»ue. ,he said. and not alwa ys quanufiable. bu1 we did it. The applicanl's reque s1 for financial incen11 ve, doe, no1 affec t the rezo nin g of 1he land . a h ho ugh n does directly impact the proJect. The apphcanl's rcque,1 doe,. however. 1mpac 1 1he Cny's mcentl\e polic ies fo r private de ve lopme nt . To 1ha1 e nd . C ot ) ,taff recommend, that Council separa1e 1he I\\O 1»ues in10 : o ne . land use. and 1wo. incenti ve po licy . !\I ;,. Langon s1a1ed 1hJ1 staff recommended 1ha1 Co un cil apprO\e 1he la nd use and enher den y o r table 1he ,nce nll\ c, 10 a nm her forum . She sa,d s he wanted 10 poi nt o ut. 1hai in a conver.a1i on s he had wnh Mr. Pl ante la1c Ja;,1 wee k. he indicated thal he "a, nrn in1cre sted in P D approval w11hou1 an in ce nll, e package. 1he rea,on being 1ha1 II would enc umber the propeny. Jf1he P Di, approved. wh at yo u wo uld ha,e appr,,,ed i, \\hat \\Ou ld be allowed on 1hat propeny He 1nd1 ca1ed . also. that he need s 1he assurance of th e Coun n l for fi nan cial incenuves before he goe, fo r funding . Based o n the analys is o f 1he iss ue s. s1aff feel, 1h.111hc hn1e l funding is not sec ured al thi s urne . and II appears 1hat the appli canl plan, 10 use C 11 y mo nie s 10 le,erage a fi na nl'la l package to impro ve hi s deve lo pmeni' bon o m lme and to produce a posotl\e ca,h tl m ,. The Coty ,s generall y no 1 in the busines; 10 mak e mo ne y. nor ,s the C n y in 1he bu,ine» 10 fina nce pm ate de,elopmcnt. she said . So to tha1 end. s1aff feels 1hat the financial 1ncen11ves reques1ed arc premature. Ms . Lango n ,a,d she wo uld like 10 review . qui c kl y. 1he Se \'en ke y areas tha1 Council reque,1ed 1hat \\e re , ,cw . F,r,t nff. 1hc legal ques1i o ns: The aba1ement o f1ax ,s ille gal. What 1s legal i;, 1he reba1e of tax . A ll 1ax mu,1 be collected. and any incenuve wo uld have to be budgeted a an e,pe ndoture a nd then rebated . The fi nanl'lal impac1s . the requested \\aivers and reba1es o r aba1ements wo uld . over lh e hi e of 1he in ce n11v e;. be approxima1el y $730.000.00 cos11 0 th e Ci 1y. S he explained 1hat. as pan of 1he anal,,.,. \\C did a cost/benefit analysis where "e modeled ho 1el assump11ons proJec 1ed over 1,me and ba,ed o n 1yp 1ca l econo mic trends . The hote l does pro vide a ,alue 10 the greater commun,1 ~. Ho "c,er. 11 ,s no1 nece;;,anl) that those mo nie s wo uld be spent here in Eng le woud. and th o,e are 1he number 1hat are d1fticul11 0 quantify ... 1he benefits. Woth 1hose proJecll o ns.1he degree of at·curacy ai,o d,m,rnshe, over 1,me . Coum·,I al so as ked about previ o u, ince n11 ve, Ha;, any1hing hk e 1h1 s been offered in 1h c pas!'/ She s1a 1ed 1h a11h e waiver o f water and sewer a ses menl fee, ha ne,er occ urred and thal ,s 1n 1he purview o f lhe Waler and Sewer Board. and s ho uld be referred 10 them . T he sa le ta x has ne,er been rc ba1ed : lodger's ta x has ne,er been rebated . Ms . Lango n advised 1ha1 they found 1wo ins1a nces where use la x was re ba1ed . ac1ually. o ne package was with the First Daia Corpora11o n al 750 Hampden . where the y bro ugh1 500 Jobs 10 1he C ot y in that package. That waiver o f 1he u;e tax wa s $26.250.00: coupled with thal was a use lax and Jand,ca pc prov1 s 1o ns for Omni Corporau o n. 1hc o wner of 1he building. which to ialed $17 .500.00. Toge1her 1h a1 package of incentives "as approx1ma1ely . W .000.00. to bring 500 Jobs to 1he C n y. There wa, also a promi ssory note reduc 11o n o f $200.000.00 over a ten yea r period to Dill o n. which is a parent compan y of King Soopcrs. as Jo ng as 1hey kepi a grocery s1ore al the Tro lle y Swre loc a11 o n. She pointed o u11ha11h crc are three other PU D's in 1he C n y. and no ne o f tho,e PUD 's have rec eived an y in centi ves. tha1 no u,e tax or building permil fee s were waived o n thi s proJec l. the building we're in to nigh1 , o r o n the Trammel Crow res idential development . Under 1he hotel stud y compari son. she said. and the questi o n o n whether an y of • I • 0 • • • Englewood City Council June :U , 2000 Pqe7 ,. • • - the studies predicted an in centive need . the 199 7 report by C lano n. whi c h wa s initiated by the C ot y. predic ted increased cost fo r extended -sta y ho tel concepts. They fell that the ucce ss of a ho tel wo uld be based on the commitment fro m 1he hospual IO lose i1 s o wn lodg in g fa c ilities a nd to refer 10 1he ne " h<'lel. They al so felt that the ho 1el had to be multi -serviced. and no 1 just have a hospita l c hentele ba,e . Clano n also reported that the standard ho tel 1s a full -s ized ho tel with banquet rooms and confere nce rcx,ms ... pubh, rooms o f that nature . The standard hotel wo uld require C it y in cen1 ives. and it was unhke ly 1h a11 ho,e incentives wo uld be balanced by s ignifi cam benefil s by 1he C it y. Therefo re . "1th tha 1 reasonin g . s he ,a,d . it would be reasonable to ass ume thal if 1he incen1ive s fo r the stand ard hotel produced l111l e be ne fil 10 1h c City. then the extended stay. because it does not have restaurants o r mee tin g fa c olu y room,. "o ul d produce even le ss benefil to the Coty . The Hos pitali1 y Real Estate Coun sel o r·,. Incorporated s1ud ~ do ne for 1hc client. the Hawtho rn Suites chem . sho wed a fea sibili1y that was hindered by a small room o um . and 1hc room rate was not high eno ugh 10 s upport the develo pmem cost and predocted a devel o pmcnl gap of $468,000.00. The studies s ho wed a 73 and a 69 percem occupancy ra1e . respecti vel y. O ne o f 1hc questions. s he no ted . co ncerned the capitalizati o n rate o f 10 .5 percenl. Mr. Yurchick requc,1ed 1h,; informatio n . The evaluatio n o f the hotel is affec ted by the c apitalizatio n rate. it is a muc h mo re com p le , mathematical figure. but very simpl y ii is the net o perating figure di vided by the capi1ah za11 o n ra1e . Therefore. she advised. as wi1h any figure proporti o n. the higher the c ap rate. lhe lo wer 1he va lu e o f lh e hotel or vi ce versa. The capitaliza1i o n rate is the rate o f interest cons idered a reaso nable re1urn o n 1he investment. and the appli cant is us ing the rate o f 10 .5 percent . based o n a di scoumed c ash fl ow o r the projected dollars discoumed to presem -d ay d o ll ars . The questi o n here wa s whe1her that 10 .5 percem was an industry standard . And I wa s able 10 determine thal an ac tual indu stry standard fi g ure ma y no 1 ex1>1 because the capitalization rate is marke1 dn ven. C apuah zati o n rate s range fr o m approximatel y 8 percent o n the co a st o f Manhanan and C ali forni a. a nd up to ma ybe 13 percem in mid-Ameri c a . The consul11ng company that we spoke with e stimated that the a pphcam's rate o f I 0 .5 percem fo r the Den ver met ro a rea seemed reasonable. Mr. Plame do stnbuted a hando ut that is Exhibit 9 in Council's pac ke t. she s a,d. a nd there arc a number of figure s that we reviewed . In hi s hando ut. he stated that fee s during constructi o n included a use tax o f $50 .000.00. The C it y's determinatio n wa s that figure wo uld be cl o ser 10 $42 .000.00. The hando ut demonstrated building permit fee s o f $69 ,000.00. The City's e stimate o f that wo uld be aboul $17 .000 .00. M s. Lango n stated that between th o se two figures. the applica nt's handout is about d o uble the City's estimate o f tho se figures for the cos1 during constructio n. The utility in stallati o n cost and the asscs,menl fee, were reasonable e,umates . acco rding to the Utility Department. We feel 1hese are the cm.1, o f d o ing bus iness here in Englewood. and the y are le ss here than el sewhere m the metropolitan area. She explamed that these cosb are al so reflective o f thi s particular s ite. As we di scussed at the Ma y 15 th mcc11ng. ,he ,aod. 11 "a com,tramed s,te and that affect s cost s . Al so in the hando ut was an area c all ed yearl y taxes before and after construc u o n. The hando ut demo nstrate s that c urrent propert y laxes are a bou1 $4.000 .00. According to the Arapah oe Co um y Assessor's o ffice. th ose figure s o n 1he pro penoe s are abou1 $2.200.00. Actual mo nies recei ved by the City are about $245 .00. The maj o rit y o f 1ha1 mo ne y goes to th e school dostnc t and 10 the Coun1 y. After con,tructi o n. the ho tel. .. o n the hando ut. .. is demo nstrated to ha,e J property tax o f about $60.000.00. The C 11 y. s he said , estimated that figure to actuall y be about $65.000.00 and. in actualit y. the C it y wo uld recei ve a bo ut $7.000 .00 o f propert y taxes . T he sales ta x o f $45.000.00 per year and the lodger's tax o f a pproximatel y $2 2.000.00. are yearl y a verages over a IO year proJec 11o n . a nd they're based on occuparK·y rates and room rates and the y seem to be reasonable e st imat es. She ad vised that the revenues wo uld actuall y be dependem o n ho tel sales. Mr. Plante indicated that the e ffec 1 o f the City's inc enti ves wo uld be 10 reduce the construc1i o n cost of the ho te l 10 a reasonable cost per room a nd that hi s intcm was to use taxes to generate a posi1i ve cas h fl o w . From 1he Cit y staffs poim of vie w. she said. this financial strategy use s C it y mo ne y to le ve rage financial funding ... s weeten the de al. of yo u will ... improve the bono m line o r make the deve lo pmem profitable and again prod uce a po;i11 ve cas h fl o". Ms. Lango n said to s ummari ze the incentives. when incentives are cons idered o n a proJCCI. we "o uld hk e to took at whether the projec t ha s adequate private funding. whether it ,s financ iall y stable. and whether there is minimal financial ri s ks rela1i ve 10 the pubhc benefit. The quesu o n here probabl y 1s ... are th e benefits derived by the Hawtho rn Suites Limited Ho tel balanced b y the request. She pointed o ut that the Hawthorn Suites Limited Hotel d ocs provide a greater commumt y good . altho ug h it is a limited public service good because it docs not o ffer the pubhc areas . h docs serve a need 1ha1 is currentl y lac king in the • I • 0 • • Englewood City Council June 26, 2000 Pqe8 .•. • ,,-- • < • - community. there is some increase m propen y ta, revenue,. It does offer approx1ma1el y ten jobs . albeil minimum wage jobs. and II does provide some spm-off do llar, to the greater econo my . Again. 1h1 ;,, difficult to quantify as to the amount of do llars 1ha1 the Englewood community wo uld ac1uall y ga ther. Hawthorn Suites Limited Hotel does not pro, ode confe rence rooms for proms or weddings o r anything of that nature. It does no t provi de an o pponuni1y for s urro unding comphmentary deve lo pment Fo r the lirs1 five years of its existence II wo uld nol pro, ode sale s tax revenue. and fo r the lirs1 fifteen years o f n s existence it would not provide lodger's 1a,. Staff consi dered 11. no1 a questi on of whether the extended srn~ is the type of hotel needed in the C n y. but rather ,s the e.iended stay Hawthorn Suites Limited Hotel the type of hotel to which the C11y wants to pro , ,de incentives to taling $732.000.00 over the hfe1ime o f the request. Again. she said. the hotel funding ,s not sec ure at this Lome . It appears that the applocant intend , to use City monies to leverage a financial package to improve his bonom line and produce a posn ,v e cash flow. And again. because the City ,s not in the business to finance priva1e de ve lopment . staff feels that an y incentive package offered by the C ny ,s premature at 1hi s time. and thal the de, el o pment does not warrant an incentive package o f this sc ale . Ms . Lango n asked if Council had any que,1,o ns . Council Member Bradshaw said well done . Mayor Burns stated that Council reall y appreciates all the work that ha s been do ne o n 1h 1s He no ted th ere has been considerable staff ,nvo lvement. He noted they had also talked abou1 recel\ ong mo nie ;, bac~ fr om the sale of the ho tel at a fu1ure rime . Ms . Lang n advised that that ,s illegal under the T BOR amendment Mayor Burns noted that collecti on of 1he 1ax by the apphcant. w1thou1 pa yin g II to the Cny 1> no t legal either. Ms. Langon said that is right. they wo uld have 10 collect all 1a,. then rebate II and 1ha1 "o uld ha\e to be rebated as an expenditure through the Depanment o f Community De-.lo pmenl Mayor Burns said he thought the applocant made it abundantl y clear 1ha1 staff's ·ondu,oon o, e,ac1lv correct. that they needed the financial package fr o m the Coty . As "e undcn.iand 11 . th e) e11her ha,en ·1 do ne a lot of work "1th the bank o n gening the financing or they realized some tom e ag o that 11 "a no t go ing 10 be financed by the bank "'1Lhout an incentives package fr o m the C11y . So. he sa ,d . 1he key questi o n. indeed . is whether the City want s to make or break this project. That is abou1 "hat the y are aslong u, to du. Mayor Burns stated that for a ,·anet y of rea ns. a number o f these iiems they ha ve reque,ted . "e ha ve not do ne before. or the Water and Sewer Board has 10 do or whatever. He said 11 see m, 10 horn that 1here 1> JUSt a 101 of ground we "'ould have to break here 1ha1 would be new . Ms . Langon noted that earher thi s e ve nin g we also saw another request for an 1ncent1 ve pac kage of sort s . Council Member Wolosyn said ,he wondered wh y. o n the Council Communicatio n. after s uc h a s tron g disco uragement about voting for the incentl\·es. there was the advisement 10 go ahead and vote for the zoning change. Because. s he asked. 1s n'1 each zoning c hange pan,cular for that pan,c ular use . Ms . Langon said that is correct. but there are two separate is s ue s here: there is the land use iss ue that ha s only to do with the rezoning and that is what the public hearing was for. and the o ther issue was 1he pohc y issue. She explained that they are independent yet greatly tied together. Council Member Wolosyn said then you just look at it in son o f an abstract way ... that )CS a hotel would be good here so we could do a zoning change. but that zoning c han ge doesn't continue ,f thi s deal doesn't fl y. She asked if that is right. if she understood tha1 correct ly. Ms. Langon explained that the PUD is a rezo ning . and bas icall y on the PUD what yo u approve ,s what is built. There is a provision within the PUD that the current residential propen1es could remain. but ba ;,ca ll y it is for the hotel purpose. Ms. Langon noted that if the hotel is not built. that s he thought the language is ... if there is not substantial progress within a three-year time and that mean s a building permit is pulled ... the zoning rcvens back to the original zoning. to the R-3 zoning . Basically it would go away .. I • 0 - • • • Englewood City Council June 26, 2000 Page9 . . ,. ,,-. • • - through a proce s;. If you do approve the P D. but witho ut the package fo r the incenu ve. th at does encumber the land so that the o nl y thing that can happen o n that land is the continuatio n o f the ex1s 11n g residential propenies o r the ho tel itself being built . She as ked if that answered Counci l Member Wo lo,~n ·, question. Ms. W o losyn said yes and tha nk ed her. Council Member Yurchick asked if the devel o pers are sayi ng that if yo u d o n't give him fi nancial 1n entl\e,. he doesn't want the zoning change. M . Langon sai d that is correct . because. as she understand , 11. 11 "nuld encumber the propeny. F ro m o ur con,ersa uo n .. she advised . she understood he was 110 1 interested in encumbering the propeny. Mayor Bums said that was m y que t1 o n. If th e applicant doesn't want the zoning witho ut th e financial incentive, who are we to impose II o n him~ Ms. Langon said exactly. that s he tho ught 11 was for Mr. Plante to decide whether he pull s the apphcat1on and th at 1s so mething that is possi ble. Mayor Bums said that he sees that a, j USt no t good poli cy for u, to d o that. Counc il Member Wo los} n asked for clarificatio n. M ayor Burn, sa id he meant fo r us to grant the rezoning when the appli cant h1m ,elf doesn't even want to d o that. Mayo r Burns a sked if there were Ot her que,11 0 11 ;,. There were no ne from Council. Mic hael D . Plante of Evergreen Colorado ad\l;,ed that he "a;, here representing the develo pment team o n the pros pective project of th e Hawthorn u11e ;, Ho td . He ,a,d that to ni ght we ha ve heard confirm auo n or what he was a s king for the last tune al the heanng. That. in fact. the ho tel d oe;, no t make a lo t o f se n,e without the economic 1nce n11 ve,. He said he "o uld Ille to point o ut that they are incentl\·es th at are neated through tax revenues paid for by the hmel. These are no t revenues generated by any o ther source . He emphasized that they arc not looking at propeny tax. whi c h he heard menti o ne d several times . We're looking at some son of a tax pa yba l after "e collec t the ta x. and I believe the term I used la;,t time "as incorrect. and I stand corrected o n that. he sa id . Mr. Plante stated that a rebate of the sales tax . af'ler the y are collected. wo uld be absolutely ,at1 sfac1or}. There are a couple of issues. he said. that he wo uld li ke 10 bring o ut . First o f all. he o pined 1ha1 what "e need to address to night. and the o bjecti ve of th,;, Council meeting. should be to clanfy in fact "hethcr or no t the ity could enjoy an y benefit o ut o fth 1> ho tel. and" it wonh the time we s pent wo rkin g o ut the pr blem. Fi rst of all. he said . I think econo mi c benefit, can be very myriad and diverse in a ho tel project. He pointed o ut that right now Englewood ha , three major visitor demand generators: Swedis h. Po rters. and C raig Hospital. There are o thers. but ,f "e ha-e thJI need for people in the City of Englewood right no w ... ma ybe under c ircumstances that d o no t p lease them ... but nonetheless the y're visito rs 10 thi s C it y. He no ted that right now you ha ve no hosp1ta l11 y. Th" City does n't all o w visitors to the City to experience the City. Ri g ht now the y're goin g away fr o m the II~. and who knows what o ther benefits go to th ose o ther ci ti es. I ha ve to think back. he said . o n where I "a, three nights ago. when my brother was ha vi ng cancer s urgery at Po ner. and m y brother-in -law and m y sister and I went to Fratelli 's afterwards . We were here. we came to th e C u y and enjoyed the C 11 y. If "e were from o ut o f town . we mi g ht be going to Old C hi cago. ne xt to the Ha mpde n Inn perhaps. But . he noted. there is al so a soc ial benefit to the peo ple who visu the Cit y. I think . he ,aid. that "e also ha,e 10 think about the citizens o f Englewood and rea lize th at the ho me;, that were built after Wo rld War II were homes that ho used s maller families and right now d o n't incorporate the idea o f g uest bedroom, and situations where the residents of Englewood could provi de a level of hospitality to the people that come 1n to visit. .. grandkids or children. Right no w. he maintained. there i, no hospital11 y re source in Englewood that could benefit the citizens at large in a large pan of the community. He stated there can be o th er solutions to what we're talking about. So. he a id. 1f we look at there being no economic benefit because we haven't generated the sales ta x re ve nues. because we are o nl y taking them bac k to make sure that th1> hotel does wo rk. then he would ha ve 10 think that ma ybe schools aren 't very necessary. o r maybe universities aren't very necessary to communitie s because the y d o n't pay tho se kinds o f taxes. Or ma ybe our churches and synagogue s are no t as important. Is hospitalit y not an important feature o f th e community, he as ked . I think the point is made that there is benefit. and I would like the Ci ty 10 recogni ze • . I • - • • • Englewood City Council June 26, 2000 Page 10 •. • • • - that there is benefit while we look al thi s. he said . He stated that he and the devel o pment team of the hotel are not looking for economic enrichment o n 1h1 s project. They are very intere led in e stabli shing a meth od by which. if through an audit process we do not need these incentives. we will no t take these in centives . We are very interested in doi ng that . he said . Mr. Plante advised that . with regard 10 the financing commitment. they have talked and talked to lenders regarding thi s process and the y a lread y know th e answer is no. We do n't need 10 make application and find o ul ii is no. he sa id . we alread y ha ve that an s wer from our lenders. Plante stated that the fact that they have no financi ng commitment is why he is in fr o nt of Council tonight. because they cannot have a financing commitment under these constraints m front of us . We don't know that everything that I have discussed previo usly is the right approac h to d o thi s. he said . We don't want a PUD o n the land . We do not want to change o ur land use if. in fact . we can 't rea c h a resolutio n on thi s . Because frankl y. he stated . it s hado ws the propeny for two years. and we don't want that. He said he wo uld like to sugge st the fo ll owi ng alternative. that we form so me son of a ta sk force between himself and perhaps the City Anorne y's Office. perhaps Bo b S1mp o n of Communit y Planning . and perhaps our representative Council member and our bank . That we si t down and di sc uss possible lega l ways by which we can either rai se the bridge or lower the water so that the s hip c an pass and we ca n actually have a hotel in Englewood. So with that. he sai d. hi s request to night is that we look at so me of the benefits that the City could ha ve and decide whether or not n 1s wonh going o ne step fun her : that we table this to another City Council meeting and in the meanume we ha ve a task force arranged of people of Council's choosing. but it wo uld cenainly include him and hi s bank . and that we sit d o wn and tr y to fig ure out a way thi s project could be a realit y. He thanked Council for th e ir time . Director Simpson noted that, fir st of all. thi ha s been a reall y di fficult app h ca11 on. He s aid he wanted to go on record as say ing that we 're not at all o pposed to a hotel m thi s n mmun1t . quite the contrary. He o pined that it has been made very clear fo r the past several }ears. that thi s Counc il a nd previous Coun ci ls. have indicated a very strong interest in securing some son of hospitality lodging m thi s communit y. To that end. he said. one of the things Counc il all o wed u, 10 proceed "1th "a, a ho tel study to see what kind of effort s could be made to put a hotel int o thi s communn y. Thi s panicular applicatio n. as I said . is d iffic ult because clearly Hawthorn Suites is a quality hotel. I have personall y to ured a Ha-.1horn S uite s that 1s located within the Denver Tech Center. he sa id. and 1t 1~ a wonderful facilit y. ,ery. ve ry good qualit y. II is a hi gh end product. in fact , and there are some reall y great aspec ts o f n fr o m tha1 ,tandpo mt. He said 1hat he thinks what it comes down 10 . and Counc il c an see from the staff rcpon . 1s that Ms . Lang,m ha s done a tremendous job of doing an anal ysis o n a very difficult ,ubJect. From a land use stand point. he noted. we have no problem with thi s and. in fact. we are recommending that we proceed with thi s . The diffi c ult y " what kind o f incentives are appropriate. Mr. S impson said that. at fi"t blu,h . "'hen an appli c ant or developer tell s me there is no profit being made . I do ha ve to ;,mole to some e xt e nl because the realit y here ... and it is noted within the appli ca nt 's informa1ion .. 1s th e re 1s go in g to be a 10 and a ha lf percent return on investment. Thal is what the des ired rate of return 1s . T hat 1s a lso reasonable . I ha ve nothin g bu1 good to be said about deve lo pers ma kin g profit. he said . that ,s -.·hat ca pitali s m 1s about. that 1s what run, o ur country and that is what is appropriate and rea sonable in thi s panicular case . But we need to rea lize there is a profit motive here. so somebod y is going to do o ka y. Again . he ;aid. we come back to what " appropriate. Director Simpson said he wo uld lik e to make a suggesti o n . if Council is amenable. that -.e table thi s until July 17th. with directio n fr o m Counc il that we do take another look al these ince nti ves . Perhaps there is something that can make that boat fl oat under that bridge. he said , but he does not kn ow what that is . He explained that ii is difficult 10 determine that because through o ur analysis ... and we ha ve had staff that have looked at this very closely ... the gap analysis does n't prov ide us the understanding that it takes to determine what is that appropriate level. So. he said , we are goi ng to be looking lo Council to determine whether we need lo proceed with thi s . We are interested. we do want to work and we want to give it our ve ry best effon. So again . he noted . 111 s going to be up to Counc il to help us proceed . Mayor Burns as ked if any Co uncil members had a comment. He comme nted that he ha s see n hotel proposals for 20 years . • I • 0 • • Englewood City Council June 26, 2000 Page II ,, ..---· • • - Discussion ensued between Council me mbers . Ma yo r Bums explained that Coun cil "aSJUS1 danf)mg the legal point of whether they needed to continue th e hearing . Mayor Burns commented that he has seen hotel proposals for many years. and he has even seen" h,te tent recepti o ns where a ho te l entity had announced they were going to build a hotel and it didn't happen . There are obvio us ly some ve r y significant financial chal lenge s o f do ing a hotel facility in the City I have no o bjectio n to continuing thi mailer to another date to see if the staff can work o n thi s and come up with some kind of reco mmendation to Council. he sa id . Mayor Burns comment ed that. indeed. the conclu,io n of the staff is the same as the devel o per said last time. th at without the incentive package fr om the Cit y. th e financing wasn't going to be there . He aid he thinks that 1s a real challenge to Counci l. becau,e \\hat we're being to ld is , without yo ur panicipatio n we 're not going to ha ve a hotel. But. he sa ,d . he th o ught Director Simpson's comment s were appropriate. there is a profit built in here in this wh o le system a nd that is another thing we can talk about if we ha ve a ta sk fo r~e o r a gro up to re view thi s fun her. He adv,;cd that he is willing to do that. but he wo uld be cauti o us. as he th o ught most o fCo un d l wo uld be . as to what \\C can d o here . He pointed o ut that we have looked for mo re hos pitality in the City fo r a lo ng lim e and it would be wonderful if we could ha ve it. but he th o ught we ha ve to ha ve it in th e proper terms . and be faithful to the kind of mandate we have fr o m the c itizens o f thi s City. 10 be careful of o ur mo ney and guard o ur incentives so we appl y th e m m the proper way to the proper project. Council Member Bradshaw aid al thi s point she \\OU Id mo e that Cou nci l direct th e staff to continue the work with the developer. Ma yor Burns asked if they needed to con unue the public hearing . Council Member Garren requested perm1s>1 o n to speak. Mayo r Burn to ld him to go ahead . Council Member Garren stated that he "o uld move 10 cl ose the public heari ng. He no ted that he is really in favor of a hotel. but the questi o n. for him . come s down to "'hat le ve l do they need to be subsi d ized. to him that is a pohc) qucsuo n. He ,a,d he 1s not prepared to s ubsidize at 1h1 s point . The reaso n I a m no t ready to ,ubs1diz.c at th IS point . he said . eve n 1f we give it another three weeks. ,s that he wa nt , 10 see hm , thi s development work,. he "ant, 10 ,ee how Sou th Broadway work s . We may ha ve e no ugh economic generation goi ng o n here 1ha 1 "e do not have to subsidize . He said hi s mind wo n·1 c han ge o n that point. He said i, for closing the publi c hearing and punmg thi s to bed today . Because. he said . he does n·11hin~ he wants the applicant 10 spend a 101 of mo ne y o r our sta ff to spend a lot o f 11me at thi s point. He stated 1h a1 that IS his vie w. Council Member Brads ha" as led ,f thi s , a process sta ff could learn fro m or no t. Director Simpson sta ted that we ca n always learn from a ll things. that th ere ,s value 10 looki ng al 11. But. he said. he also understands where Mr. Garren ,s a1. I'm not sure we 'll see a substant ial change m three weeks. but there is always a possibi lity. he said . Director Simpson comm en ted 1ha1 he kn ows ho w imponant 1h1 s is to Co uncil and he just wanted 10 give it a nother shot if ii was important enough . Council Member Bradshaw noted that she spoke ear ly o n about how we weren 't going 10 give away the City to get a hotel. She said s he didn 't know if thi s was o n that ma gnitude , but certai nl y thi s ,s the grea1e,1 subsidy s he ha s seen come before Counci l in her 10 years o n the Council. and she just can't see u, belaboring the point . She thought if something new could come o ut . she wo uld e ncourage staff 10 do 1ha1 . s he said. but if it can't. then let's JUSt go ahead and vote. like Mr. Garren said . o n what "e·rc do mg . at th1> point . Council Member Nabholz stated that she is with Counci l Member Garren o n thi s. that 11 1s lime to put 1110 rest, th is unbel ievable incentive package. I think s taff ha s researc hed it from one end 10 another. and I applaud them o n their efforts she said . I • 0 • • -• ,,-. • • - Enclewood City Council Juae:26,2000 Pagel2 There was no o ne else prescn1 10 peak . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Coun ii Members Nabholz. Garrell . Bradshaw. Wolo yn. Yurch,c~. Burns Nays: None Absent : Council Member Grazulis Motion carried and the Public Hearing closed . City Attorney Brotzman said he wo uld like to clarify that by closing the public hearing . thi s will co me back to Council as a second reading at the next Council meeting o n Jul y 17th . unle ss the application is withdrawn. Council Member Bradshaw offered her thank s to staff and stated they did a good job. 10. ConsentA1enda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), (ii), (iii), 10 (bl (I), (ii), (iii), AND 10 (c) (i), (ii), (iii) and (i,•). (a) Approval of Ordinances on First Reading (i) COUNCIL BILL NO . 51. INTRODUCED BY COUNCIL MEMB ER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 3. CHAPTER 6. SECTION 7 . S BS ECT IO . OF THE ENGLEWOOD MUNICIPAL CODE 1985. INCREASING THE BENEFITS FOR RETIR ED MEMBERS AND BENEFICIARIES OF THE ENGLEWOOD NON -EMERGENCY EMPLOYEES RETIREMENT PLAN BY 31)1,. (ii) COUNCIL BILL NO . 53. INTROD ED BY COUNCIL MEMB ER GARRETT A BILL FOR 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 . (iii) COUNCIL BILL NO . 54. INTRODUCED BY COUNC IL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE I . CHAPTER 6, SECTION 2: CHAPTER 68. 6D . 6F. 6G, 6H. 61 AND 6J; OF THE ENGLEWOOD MUNICIPAL CODE OF 1985 PERTAINING TO DEPARTMENT AL ORGANIZATION . (b) Approval of Ordinances o n Second Reading (i) ORDINANCE NO . 42. SERIES OF 2000 (COUNCIL BILL NO. 49. INTRODUCED BY COUNCIL MEMBER BRADSHAW) I • 0 • • -• • • - En&lewood City Council Juae 26, 2000 Page 13 AN ORDlNANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED .. Jgn t JUDICIAL DISTRICT JUVENILE ASSESSMENT CENTER INT ERAGEN CY AGREEMENT" AUTHORIZING ALL AGENCIES PARTI CIPATING IN THE JUVEN IL E ASSESSMENT CENTER TO PROVIDE AND SHARE INFORMATION WITH EACH OTHER CONCERNING J UVENILES WHO PARTICIPATE IN THE ASSESSMENT AND INT ERV ENTION PROCESSES CON DU C TED BY THE JUVENILE ASSESSMENT CENTER . (ii) ORDINANCE NO . 43 . SERIES OF 2000 (C O UNCIL BILL NO . 50. lNTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ADMINISTRATIVE ORDINANCE REPEALING TITLE 5. C HAPTER 29 ... SECONDHAND STORES" AND AMENDING TITLE 5. CHAPTER 15 . SECTION I. TO IN CLU DE .. SECONDHAND DEALERS"; RENUMBERING TITLE 5. CHAPTER 29. SECTIO 3 ... SALE AND DISPLAY OF WEAPONS" AND AMENDING TITLE 4. CHAPTER 4. SECTION 2. ENT ITLED .. DEFINITION S .. AND TITLE 4. CHAPTER 4 . SECTION 4 SUBSECTION 3(8 ). ENT ITL ED .. EXEMPT TAXPAYERS : GARAGE SALES". AMENDING TITLE 5. CHAPTER 15. TO IN CLUDE SECONDHAND DEALE RS AND AMENDING TITLE 7. CHAPTER 6C WITH THE ADDITION OF A NEW SECTION 5 ENTITLED "SALE AND DISPLAY OF WEAPONS .. ; AND AMENDING TITLE 7. C HAPT ER 6(F). SECTION 6 WITH THE ADDITION OF A NEW SUBSECTION C . OF THE ENGLEWOOD MUNICIPAL CODE 1985 . (iii ) ORDINANCE NO . 44, SERIES OF 2000 (COUNCIL BILL NO . 52. INTRODUCED BY COUNCIL MEMBER BURNS) AN ORDINANCE APPROVING MILE HIGH COMPACT AMONG C ITIES AND COUNT IES ORGANIZED UNDER AND EXISTING BY VIRTUE OF THE LAWS OF THE STATE OF COLORAOO . (c) Resolutions and Moti ons (i) RESOLUTION NO . 51. SERIES OF 2000 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETW EEN THE ENGLEWOOD EMPLOYEES ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY I. 2001 THROUGH DECEMBER 31. 2001. (ii) RESOLUTION NO . 52. SERIES OF 2000 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETW EEN THE ENGLEWOOD FIREFIGHTERS LOCAL NO . 1736 AND THE CITY OF ENG LEWOOD FOR THE PERIOD OF JANUARY I . 2001 THROUG H DECE MB ER 3 1. 2002 . (ii i ) RESOLUTION NO. 53 . SERIES OF 2000 A RESOLUTION SUPPORTING THE CONT RA C J'OR SELECTION FOR THE ENGLEWOOD PARKWAY AT CITY CENTER ENGLEWOOD BY THE ENGLEWOOD ENVIRONMENT AL FOUNDATION. (iv ) PROFESSIONAL SERVICE CONTRACT WITH CLARION ASSOCIATES LLC FOR PHASE I OF THE UNIFIED DEVELOPMENT C ODE (UDC) IN THE AMOUNT OF $35.000.00 Vote results: I • 0 ]- • • • Englewood City Council June 26, 2000 Pagel4 -· • ... • - Ayes : Co uncil Members Nabholz . Garrett . Bradshaw. Wo losyn. Yurchi ck. Burn s Nays : None Absent : Council Member Grazuh s Motion carried. 11 . Replar Agenda (a) Approval of Ordinances o n Fm,t Readin g There were no additional items submitted for appro, al o n first reading . (See Agenda Item IO . Consent Agenda .) (b) Approval of Ordinances o n econd Readin g (i) Mayor Burn ad\'1sed that thi s Item 1s Counci l 8111 No . 39 amending the Englewood Municipal Code penaining to S1de"alk Sales . Planner Langon advised that on June 5th. Council held a pubh hearing o n the issue of sidewalk sales . and at that time Mr. Clayton of the Chamber sugge sted a change in the definitio n. Ci ty Attorney Brotzman ha , drafted language for the change of the definiu o n to read a pubhc sidewalk sa le ,s a ··co mmunit y event o r celebration allowing use of public sidewalk s by Engle"ood merchant s in the fr o nt of their bu si ne ss as authorized by the City Manager or de signee :· What th,, docs bas icall y. she explained. is remo ve the review and the issues of when and where and ho w the s,de"alk sale s are condu cted. from Counci l. and pub it on the City Manager or his designee . Th ose are the o nl y hange . She a ked 1f there were any que sti o n,. Mayor Burns said they remember that and 11 seemed to be pretty "ell accepted by the staff. COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO AMEND AGENDA ITEM II (b)(I) · COUNCIL BILL NO . .39 , §16-1-1 DEFINITION OF PUBLIC SIDEWALK SALES AS READ BY MS. LANGON. COUNCIL BILL NO. 39 . INTRODUCED BY COUNC IL MEMBER GARRETT AN ORDINANCE AMENDING TITLE 7, CHAPTER 68. SECTION 6. TITLE 11. C HAPT ER 3. SECTION 3(8); AND TITLE 16. CHAPTER 4 . SECTIONS 10 . I~. AND 19 : AND C HAPTER 8. OF THE ENGLEWOOD MUNICIPAL CO DE 19 85 . PERTAINING TO P UBLI C SIDEWALK SALES . Vote results: Ayes : Nays : Absent : Motion carried. Council Members Nabholz. Garrett. Bradshaw . Wo lo;yn. Yurch1ck. Bum, None Council Member Grazuli s COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (b) (I)· COUNCIL BILL NO. 39 AS AMENDED. Ayes : Nays: Absent : Motion carried. Council Members Nabholz. Garrett. Bradshaw. Wo losyn. Yur,·hick. Bums None Council Member Grazuli s • . , I • 0 - • • • Englewood City Council June 26, 2000 Page 15 . •\, II> ,-. • • - ••••• Council Member Garrett stated he would be abstammg o n Agenda hems 11 (b ) (ii ) and (iii ) because o f a conflict o f interest with hi s employer. (ii ) COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (b) (ii) -COUNCIL BILL NO. 44. ORDINANCE NO. 45. SERIES OF 2000 (CO UNC IL BILL NO . 44. INTROD UCE D BY COUNCIL MEMBER BRADSHAW) AN ORDlNANCE AUTHORIZING ENTERING INTO A '"RIGHT-OF-WAY USE AG REE M ENT'" BETWEEN THE CITY OF ENGLEWOOD. COLOR ADO AND M ET RI COM . INC. Council Member Yurchic k as ked what does it mean . m th e third paragra ph . whe re 1t says '"a, "e ll as facilities o wned b y third parties:· He asked who is the th ird pany. City Attorney Bro tzman explained th at ,f Publ ic Ser vice ha s a pole. m t he C u y easement . a nd the~ get permissio n fro m Public Service . th ey al so need permi ss io n fr om u becau,e th ey are m o ur easement. So they need permissio n fr o m both under th at c ,r um s tance. he sa id . T hey ha,e to recel\e perm1s,1o n fr o m that third pany. Mr. Brotzman said . Mayor Burns a sked if there were any other que ti o ns . There were no ne . Vote results: Motio n carried. Ayes : Nays : Absta in : Absent : Counc il Members Nabho lz . Brads ha w. Wo lo;yn . Yurc h1 c k. Burn, None Council Member Garrett Council Member Grazuli s (iii ) Mayo r Burns ad vised thi s item is Coun c il Bill No . 47. approv ing an a mendme nt to the City's Basic Local Exchange Services Bu s iness and Occupatio n, Tax . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM II (b) (iii)· COUNCIL BILL NO. 47. ORDINANCE NO. 46. SERIES OF 2000 (COU NC IL BILL NO. 47 . INTRODUCED BY COU NCIL MEMBER WOLOSYN ) AN ORDINANCE REPEALIN G TITLE 4 . C HAPT ER 5 . OF THE ENGLE WOOD MUN IC IPAL CODE 1985 AND REENACTING A NEW TITLE 4 . C HAPTER 5 ENTITLED .. ENGLEWOOD BASIC LOCAL EXCHANGE SERVICES BUSINESS AND OCCUPATION TAX .'" Council Member Nabho lz sa id thi s state s that thi s is not a new. a ta x rate increase. an extension o f an expiring tax . an increase in a tax. or a tax policy c hange directly cau sing a net tax re ve nue gai n to th e Ci t y. So thi s is not a tax increase. That. s he said . 1s her questi o n. Frank Gryglewicz. Directo r of Administrative Services. said that all thi s does is reall ocate how the ta x is collected. Right now it is a flat rate, and thi s takes the flat rate and di vides it by the number o f existin g lines . It lowers the barriers of entry to new firm s wanting to come int o the C ity . he sa id . Because. as it is currently. even if they provided o ne line , the y would ha ve to pay the flat rate . So. he explained. thi s encourages competition in th e Ci ty o f Englewood . I • 0 • • -• En&lewood City Council June26,2000 Pqel6 • .. • - Council Member Nabho lz sai d then thi s would not be an increase o n the la x that Mr. Schalk is c urrentl y paying. Director Gryg lewi cz said no . Vote ffSUIIS: Motion carried. Ayes : Nays : Abstain : Absent : Council Members Nabholz. Brad shaw . Wo losyn. Yurc hi c k. Burns No ne Council Member Garren Co uncil Member Grazuli s (c) Resolutions and Moti o ns There were no additio nal resoluti o ns o r mo tio ns submitted fo r approval. (Se.e Agenda Item 10 -Conse nt Agenda.) 12 . ~ral Discussion (a) Mayor's Choice (i) Mayor Burn s welc o med everyone to the fir st regular Coun ci l meeting in the new chambers and hoped they would find the e facilities much mo re useful than the o ne we left . We'll be working on the various system s in the buildin g, he said . including thi s roo m . as we go along 10 make th e m the best we possibly can. (ii) Mayor Burns said he wa s asked. by the Chamber of Commerce. about bu yi ng two foursomes for the Geo rge Allen Go lf To urnament sc heduled for Jul y 12 th. MAYOR BURNS MOVED, AND IT WAS SECONDED, TO APPROVE TWO FOURSOMES FOR THE CHAMBER OF COMMERCE GEORGE ALLEN GOLF TOURNAMENT ON JULY 12. 2000. Ayes : Nays: Absent : The motion carried . Counc il Member Nabho lz . Garrell. Bradshaw . Wo lo,yn. Yu rc h1 c l . Burns None Council Member Grazuhs (b ) Council Member's C hoice (iJ Counc il Member Nabholz : I . She said she apprec iated having a number 10 call so that citizens, like her. can ha ve contac t o n th e weekends if we have a problem with the du st and noise. 2 . She thanked everyo ne wh o was involved with cleaning up and fixing up the family sheller o n South Grant . The help wa s greatly appreciated . she said. and she wanted 10 emphasize that this is a family shelter . 3. She welco med everyo ne 10 o ur new Council C hambers. (ii) Council Member Garren reminded Council that. during the Stud y Session. we discussed canceling the Jul y 3rd meeting because there is going lo be quite a few July 4th activities laking place July 3"' . .. I • 0 • Englewood City Council June 26, 2000 Page 17 • • - . . ' COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED. TO CANCEL THE JUL\' 3, 2000 CITY COUNCIL MEETING. Ayes: Co uncil Members Nabholz. Garren. Brad shaw . Wolosyn . Yurchick. Burns Nays : None Absent : Council Member Grazulis The motion carried. (iii) Council Member Bradshaw : I. She recalled ii was almost a year ago that Council was dealing with an issue o n Danmo uth regarding a church across from a residential area . There were some problems. she sai d . because Newcomer Mortuary wanted lo come in !here. at Danmouth and University. That church was purchased by a Ko rean church. which had been sharing the Emmanuel Methodi st Church at Yale and Downing . She said she drove by there and it really looks nice. it is a good use and she wa, glad Council didn't violate 1he residential area by putting a business use in there. They have taken care of the propeny and mainta ined It . and she felt that. as a group. we made a reall y good deci sion regarding that iss ue . Mayor Bums said that was good to hear because Council took a strong po>111on on that. Ms . Bradshaw recalled that wasn 't a very popular deci sio n. but ,he reall y fell the community was being served very we 11. 2. She again welcomed everyone to our new ho me . and in vi ted 1hem 10 leep lening Coun ci l know about the dust problems. Mr. Leadabrand said he would . Ms . Bradshaw said she had a feeling he m1 g h1 and that she reall y appreciated his phone call and giving us a head s up o n that. (iv) Council Member Yurch1cl : I . He thanked Assistant City Manager Flaheny and Pubh c Wo rk, Directo r Ross fo r soot hing 1hem when both of the contractors were sho wing up at the sa me time . and getting 1he parking worked out and their signs put up. They seemed to be happ y with that. 2. He said we discussed a linle bi1 about it in the Council meeting 1hat EDDA I going 10 request a special process so they can gel their tax distric1 o n the November ballo t this year. He said he reque sted that they notify every business owner who would he affected by this di strict so they can come to the Jul y 17th meeting and have !heir input. 3. He said EDDA took a vote and voled to spend $55.000.00 fini shing the concrete fr o m the stree1 to the building in the 3400 block o f Broadway and the east half of the 3300 block. He said he to ld them he would ask Council to consider wai vi ng the $20.000.00 they just a sked for in lieu o f them investing $55,000.00 to finish the sidewalk. Council Member Bradshaw asked if they were putting up the $55.000.00. Mr. Yurchick sai d yes. and we waive the $20.000.00. Ms. Bradshaw said she had no problem with that. Mayor Bum, felt it was a positive move for EDDA to panicipate in thi s and this is obviously the time to do that improvement on the sidewalk. • I • 0 • • Englrwood City Council June 26, 2000 Pagel8 ..... .--. • • - Council Member Bradshaw sa id EDDA mean s Englewood Do"nto wn Develo pment Autho rit y. fo r some o f you sining out there that might not kno w that. COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED. TO WAIVE THE $20,000.00 ASSESSMENT ON THE SIDEWALKS ON SOUTH BROADWAY. Ayes: Co uncil Members Nabho lz. Garren. Bradshaw. W o losyn . Yurt"hi c k. Bums Nays: No ne Absent : C o uncil Member Graz uli s The motion carried. Mayor Bums noted the EDDA $20.000.00 pa yment 1s wai ved . (v) Council Member Wo losyn said staff had JU St in fo rmed her that o n Jul y 3rd we had scheduled that public hearing about the tattoo parlo r zoning. so she as ked me to mo ve that we reschedule the public hearing for the Jul y 17th meeting. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED, TO RF..<;CHEDULE THE JULY 3, 2000 PUBLIC HEARING ON COUNCIL BILL NO. 48, AMENDING THE COMPREHENSIVE WNING ORDINANCE PERTAINING TOT A TTOO AND BODY PIERCING F..<;TABLISHMENTS, TO THE JULY 17, 2000 CITY COUNCIL MEETING. Ayes: Council Members Nabho lz. Garrett. Bradshaw. W o losyn. Yurchi c k. Burns Nays : None Absent: Council Member Grazuli s The motion carried . • •••• Council Member Bradshaw as ked ho w many members o f Council vo lunteered to be in the dunk tank o n th e Fourth of July. She noted that she and Mr. Yurchick. Mr. Sears and Ms . Nabho lz have vo lunteered . Next year it will be the rest of you. she said . Mayor Bums said he has d o ne that. .. the dunk tank . pie in the fa ce and wet sponge. Ms. Bradshaw noted that she and Mr. Garrett take turns doing that. so she was just checking. If you want a s ho t at any o ne o f us. come o n do wn and pay yo ur mo ney , M s . Bradshaw o ffered . 13 . City Manager's Report (a ) City Manager Sears said one o f the things we promised to provide at the new Civic Center is a good air co nditioning system, and we have failed to do that thi s evening and I apol o gi ze profusely. Mayor Bums said he didn 't know how many time s he had turned to them in the o ld building and as ked fo r more air. Mr. Sears said he would make this a very. \'ery high priority. Council Member Bradshaw said the lights up here are very, very hot. ., I • 0 • • Englewood City Council June 26, 2000 Page 19 ',• ,, • • - City Manager Sears said we need 10 make some adjustments here. and apo logized 10 the audience and Council. (b) City Manager Sears thanked Council and said he was grateful fo r the s uppo rt of the staff in making the c hange . The staff j ust has done an incredib ly difficult and great job. he sa id. and thanked those in the audience. Ken Ross. Rick Kahm . B,11 Amack. Jerrell Black. Bo b Simpson. and all the o thers. for really making an effon 10 make this a good ho me . I just want 10 say I'm really proud to work "1th ,uch a good staff. especially Mike Flaherty over here. he said. We 're sti ll assessi ng all o f th e issue . and we have a IOI to d o in terms of finish to uc h up . but I want 10 say thank yo u 10 Council and the Ma yor for all your support . I can assure yo u also. he said. that we have n·11os1 fa 11h in the continuati o n of th e project and we will maintain a pus h o n that and will keep Council posted o n the ,tatu, o f that so we can get 1h1> thin g closed and mo ve ahead. It is certai nl y at th e top end o f o ur prio rity li st. (c) Ci ty Manager Sears said Rick Kahm wa s unable 10 be at th e earlier se,s,o n thi s evening . I have asked him 10 come forward so he can talk 10 Counc il about some of the numbers and de sign time s in terms of the wall. he advised . Mr. Kahm ha , been the project manager. and I didn 't want 10 second g uc s, where we're going. he explained. Mr. Sears felt we could probably proceed "11h the expanded "all a nd the gates. if Council would like to move. He said he wa nt ed to have the fac ts and lay the concern s o ut to Council. He invited Capital Projects Manager Kahm 10 talk about that a lit1l e bit. Mr. Kahm apologized for being kind of casual. but he "as 10 the dirt in th e field all da y and he reall y JUSt stopped by to see how the Cou ncil Chambers operated thi s evening . You all loo k reall y good up there . he commented . He said he hosted an open hou;e at Bi s hop Elementary sc hool a week ago Thursday. lm 11all). the meeting was set up JUS t to s pread 1n forma11on o ut to the commun11y as to wha t we were propo;ing al o ng Floyd Avenue. si nce we hadn 't had us good a commumcat1 o n a, he wo uld ha ve liked . Sub seque nt I m y notice. he said . there were fo lk s fr om the neigh borhood that approached C11y Coun cil and had concern,. /\1 that meeting there were several fol k, frnm the nei ghborhood . Actual ly. the meetmg \\US allended by abo ut twent y citizens and about eight 10 te n ,taff members. T here were four or five ci ti zens fr o m the neighborhood that were concerned about the bu,e, and the no 1,c and the po lluti o n. a ll o f those thin gs . In the Ci ty\ defense . there "ere al so a number o t folks in the neighborhood that spoke on behalf o f the Cll) and felt that the City had . in fact. ho nored commitments the y had mad e th rough th e deve lopment pro,:e , I ll the communu y. he sa id . Regard le , of that . Mr. Kahm stated that he th o ught "e were al l aware that there was a potential 1mpac1 on that neighbo rhood from the buse s . He sa id he d1 sc u;sed at len gth at the mee11n g. with Ben Greene. the 11)'' F,re Marshall. the possib1 h11 es o f c losing off the inter,ect ,nn, at Fo,. Galapago.1-Iuron . as "ell as the alle);. w11h pulling up sc reen fences and access gate Mr . Greene c ho;c to sleep o n tha t. he .a,d. Unfonunatel). he "enl on vacat ion. Mr. Kahm ,a,d. and he wa,n't able h > get \\llh Kieth Lockwood 10 finish that d1scu,s1o n un11l this la st Friday. At the mee11ng. the Safety Sen ,ce, fo lk ; pointed out that there are real I) t\\O res(X)nse, 10 that area . In an emergency. there \\Ould be tru ck, di spatched fr o m TeJ o n. as well as from the Jefferso n Statio n. They felt their pnmar) re,p..m;e . 10 th at areJ. would be from Eastman Avenue . But Mr. Greene pointed o ut he would need a ,econdary acccs,. becau,e ,t in fact they dispatched a truck and 11 ca me in fr o m Eastman and laid hose. ,f the y needed add111 onal equipment. they can't come in behmd where they al read y tied o n 10 the hose. So the y need a ,ernnd access . When I conc luded my discussi o ns with Kieth Lockwood o n Friday. he said. it wa, agreed that in fact they could live with gated intersection,. so we could c lose that off. At Galapago. ri ght now. there 1s a ,e,enty- five fool opening . He explained that the rea so n that is sevent y-five feet. is th at that 1s th e o nl y place through that area that we had prov ided fo r pedestrian access across Floyd A ,,enuc hl gel back and funh . If yo u consider that we have a thirt y-two foo t stree t and we 're lining our handi capped ramps up with th e curb and gutter on both si des. that c rea tes thi s forty -fi e foot opening . In order 10 ha ve proper ,ight d1>1am:e. so the folks aren ·1 stepping o ut fr om behind a wa ll , 11 was necessary to hold the wa ll back the add11ional di stance. So we ended up with a sevent y-five foot opening . Mr. Kahm said, pnor 10 the meeting at Bi shop. staff had already reevaluated that crossi ng for pedestrians and concluded we could probably get by with a pedestrian crossi ng o nl y o n the west side o f that 101ersecti o n. So we had already talked about narrowing that opening by thiny feet. The narrowing would take place o n the east side of Galapago. he sa id . We I • 0 - • • Englewood City Council June 26, 2000 P-.20 • • - would just extend the maso nr y wall o ne more section. So . he said. we had alread y conc luded "e could do that . What we're looking at right now is thal we talked aboul cl os ing all those access po int s and putting m wood gates. He said he understood there wa s also an in terest on Council", pan to rai se the "all by 1wo feet. He said what he would rec o mmend thi s evening. is 1f the y were intere sted in rai sin g the wall. that 11 wo uld be prudent at thi s time to just rai se the wall by two feet. because o therwise we would go in and put a seven-foot fence to match the seven -foot wall. and if "e came back to raise 1he wall to nine feet . then the fence would only be seven so we would be back changin g the fence and the gates o ut. Mr. Kahm said. while he was sitting in the back of the room. he looked at some numbers. in case it would be of interest to Council. budget wise . We are. in fact. dealin g with about 1.200 feet of bnck wall o ut there ri ght now. He said he hasn 't talked to the contra ctor. but based on the pnce of that wa ll. which I about SS0.00 a foot to build. he is assuming it would be about $20 .00 a foot or approximately $25.000.00 to raise it two feet. So ,1 is not a major cost. he said. that can be done . We have also looked at the cost o f closing the thirty-three foot openings with wood and with the wooden gates. and e\'en at nine feet. he felt it wo uld cost about $15,000.00. The only additional cost we are looki ng at. he said. is that by narrowi ng the ope ning at Galapago we need to add thiny foot of wall and that would cost somewhere around $3 .000.00. So overa ll. we 're looking al a cost increase of about $45.000 .00 to $50.000.00. he sai d One thing. he said . thal he talked to Bob Simpson about at the conclusi on of the meeting at Bi shop sc hool. was whether we th ought we should totally close that neighborhood off. Our staff opi ni o n was that we reall y need to ma intain the pedestrian access at Galapago. In fact it is a quaner of a mile between Elati and In ca . While we heard from some folks o n Galapago that were concerned . it 1s reall y a large neighborhood . north of there . and we think that probably a pedestrian access through that point would possibly benefit that wh o le nei ghbo rh ood . But that. he said. is o f course Council's call. In talking 10 Safely Services. it is still neces sar y for us to maintain thirt y-three feet between the ma so nr y ope ning s at all the street s and intersecti o ns. Because even though the gate is only twenty feet. these fire trucks have to swing in and swi ng out . If. in fact. they swing wide, they don 't mind knocking down a wood fence. but they do n 't want to hit a ma so nr y wall. So we do need the thirty-three foot o pening s. Council Member Bradshaw noted that 8111 Mulnix said he wanted it 10 be thirt y-five feet. Mr. Kahm sa id we arc at thirty-three feet at the alleys. we're at seventy-five feet at Galapago and we 're rec ommendin g pulling that to forty-five. he said . The reason it would be at fony-five is. if we 're proposi ng pedes1nan access. it is offset to the side of the intersection . in other words. he sai d. in all the o ther instance,. th e thirty -three feet is centered on the street to the nonh . Council Member Bradshaw said she was glad they were already thinking ahead . Mr . Kahm said that actually what the y proposed at Bi shop. if Safety Services supponed 11 . that we close the openings and put in gates. But again. if it is necessary to raise the wall. all the wood would be at seven instead of nine . Ms. Bradshaw said that was what she had proposed earlier. was that we just raise the wall. City Manager Sears said. based on this, we can go ahead and proceed . He sai d he wanted to mak e sure "e were okay and that we had looked at all the different angles. But if Mr. Kahm feels comfo rt able. and C hr is Olson spoke earlier saying the Fire Department was satisfied with thi s, that he felt we could proceed under those guidelines. he said . It will take some time to get the wall up . and in term s of fabrication of 1hose gates. it may take us a month or so before that actually happens. Mr. Kahm said that is correct. We have the RTD sta1ion opening in a sho n period of time and we need to concentrate on getting thal usable . But. he advised. we will immediately start working o n the design changes and getting the gates fabricated . He said he agreed with Gary Sears. that it will probably take fo ur or five weeks to get those improvements in place . Ms . Bradshaw said we will monitor it closely. • I • 0 - • • Eaalewood City Council June 26, 2000 hge21 • • - Mr. Kahm said. during the same timeframe. we 'll al so be wo rking the area no rth o f the bri c k wall between there and the properties. We have go t a road to widen there and additional screening fen ce s to put o n th ose adjacent properties. he said . So there is additi o nal wo rk to be do ne there as well. Council Member Bradshaw thanked Mr. Kahm . Mayor Bums asked. as part o f the o pening and preparing for the buse s and so fo rth . where we are . at thi s point. on the steps and the bus turnaround and that sort o f thing . and ho w muc h o f the piazza d oes he estimate will be finished by the time the RTD light ratl o pens . Mr. Kahm advised that Saunders Co nstructio n had provided him with a sc he dule that has the thm gs we need to be functional for the o pening o f RTD. Bas icall y. that sa ys that a ll the road s o n the proJect "ill be paved ; again. keeping in mind that all the asphalt at Galapago. Inc a. the Parkway. i;, being le ft do wn an inch and a half. because of all thi s constructio n activit y that will take place o ver the next mo nth , "'oth ret a il and residential being developed . And then we will to p th ose street o ut wh e n we 're d o ne . But a ll o f th e streets will be paved . Right no w the nonh parking lo t is bas icall y complete . Fl o )d A,e nue '"II be d o ne for the buses to get in and o ut. Inca will be do ne up to Dartmo uth and "e ex per t tha t ;,1g na l to L>perat1 o nal as well . The bus bays will be full y o perati o nal. The sidewalks adjacent to the bus ba y," tl l be complete . he said . The top lift was poured last Friday o n the steps coming o ff o f the bndge . T he s no \\ me lt s y,te m 1s already in place. and the metal fabricat o r for the bridge is preparing to put the re,t o f the d ec k on pl ace. he advised . Mayor Bums asked when the bridge wo uld be o peratio nal. Mr. Kahm re,ponded that ot "o uld be abo ut three days before we need it. the 10th o r 11th . Mayor Bums said there wo uld be a to ur o f the light rail by City o ffi c ial s o n the 6 "'. He as ked if that mean,. when it stops at the bridge. the bridge wo uld no t be co mplete . Mr. Kahm said that 1s nght. On the 6th th ey will probably be pouring decking. Mayor Bums said we probably d o n't even want o ffi c ial s there . Council Member Bradshaw said . o n the 6"'. all we're do ing is riding to Mineral and back . Mr. Kahm said the station itself. the platform is read y 10 go . Mayor Burns said Ms . Bradshaw wa s probabl y right. There probably wo n't be a s to p there anywa y . Mayor Bums asked if there wo uld be parkong , s ince the y're saying we may get 10.000 peo ple o n Saturday. the 15th. Mr. Kahm advised that Trammel ro w ,s agreeable to all o w us to park in their area . RTD prefer, not to, so he felt it wo uld probably be an o ver1l ow s ituati o n. The o ther thing that may be a va ilable to us. he said, although he has not discussed ot with the Wa l-Man fo lk s . 1s the Wal -Man parking lo t . whi c h he felt would be paved at that time . Mayor Bums said we can stir up a lo t o f dust o n that s ide . Mr. Kahm agreed . In fac t . he ad vised. there is a call list that was provided , at the beginning of the project. to Safety Service s. so they have emergenc y numbers. including my own. he said. Saunders 1s prepared to respond . They d o. in fa c t. ha ve a water true ~ on the project. But it is reall y unfortunate when thong s happen. like Saturday. Saturday I w:13 playing go lf. he said. and I couldn't see to get across the bridge fr o m 1he dust that ca me o ff o f Bitumino us Ro adways property. It happens in a hurry. and by the time folk s call, it is probably gone by the time they re s pond . A, we go forward. as more of these parking areas are paved, the problem will le ssen . It wo n 't be very lo ng before Trammel Crow starts coming o ut o f the ground and every Lime they put in foundati o n it is that muc h more site that isn 't susceptible to the dust situatio n. We will continue to work o n that. he said . He noted • I • 0 J • • Englewood City Council June 26, 2000 Page22 ' . .. .. ~ ,,,... .. • .. • -~ they have already talked about the weekend o f the 1411,. with the number of people we will ha ve there that we will just continuo usly water. but that is a real expensive propos iti on. yo u c an 't antic ipate when th e winds are going to come up . Council Member Nabholz thanked staff and Safety Services for attending and ho lding that meeting at Bishop . and making themselves available . even th o ugh ii was on a Saturday. And thank yo u fo r the continued suppon ; she said . You listened to tho se citizens. She commented that Mayo r Pro Tern Bradshaw made a very good analogy. that we have been so used to this place being quiet. not used 10 th e traffic and hubbub of the o ld Cinderella City. that it is difficult when you add in fo ur hundred buses aro und here, it is going to take some adjustment. Mr . Kahm agreed . (d) City Manager Sears said we have a new Informati o n Service s Directo r coming to the 11 y from Kirkland, Washington. and he will be here on July 12th . Hi s name is Don Ingle and he ,s o ut ,tand ing. with a great background. I appreciate Directo r Gryglewicz' effo n. he said . He ha s do ne a mar velo us j o b o f keeping the IT program going. And the telepho ne system here reall y is great. So as soon as he gets here . I'll put him in contact with Co uncil. he sa id . 14 . City Attorney's Report City Attorney Brotzman did not ha ve any matters to bring be fo re Coun c il. ••••• Council Member Nabholz said Thursday night's concen in the park had the bigge st attendance s he had e ve r seen . • •••• Council Member Bradshaw co ngratulated Mr. Sears for making it through Ride the Rockie s . Mr. Sears said he was just happy to be here . He co mmented that he rode against 60-mile -a n-ho ur wind s. but he chose to ride against those winds . He thanked Co uncil. 15 . Adjournment • ' . ., ' . 'I I • 0 • • 1 . 2 . 3 . .. • • - AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , JUNE 26 , 2000 7 :30 P.M . Englewood Civic Center 1000 Eng lewood Parkway Englewood , CO 801 10 Call to order. !J .' !J<;" /H"'-' Invocation . /)~ Pledge of Allegiance. ~ 5 . Minutes. ~ 4-()--;,2,. a. Minutes from the Reg ul a r City Co un cil meet ing of June 5 , 2000 .~ . , (ABfOIAJ : A) A-8HfXZ..; ~A-w.n) t' 6 . Scheduled Visitors . (Please lim it your presentat ion to ten m inutes .) 7 . 8 . 9 . If ~ scheduled V is itors . (Please li m it your presentat ion to fi ve minutes '.~ a. e1111s ()~A) c.1 B1u.--l11ULJJIX -9t:,h:.vE. ~ MAl J: ~ l)4A) UH,#-14-AJfJ ti,) -...7/J,tAJAIA-hfl.lUJI X ommunications . Proclamati ons , and A"ppo intments . fJ Public Hearing . a . Public Hearing to gather input on Council Bill No . 33 , approving the Hawthorn Su ites Planned Unit Development. Ti<Jd.lA lf NGJ()JJ &LL-fU.-J.Jtt /!1)13, ~ I Ill /JS()/) . -'-UM_ .(Ju}~ J, A,.,,..·,, dfrl/;-O~~u r ··· --,_.,..,1> Pie ... noa: If you have a dlublllty and need auxlllary aida or aervlcn, please notify the City of Englewood (303-712-2405) at leaat 41 hours In advance of when servicn are needed. Thank you. -. ., I . 0 ,. • -,., .. • • '- • -' Englewood City Council Agenda June 26 , 2000 Page 2 (h_ . ~ 6--0 ~ ~it ff~ IIJa.1>i)1i /fJ~1>i>)111· 10. Consent Agenda . / () (! f; 1 ii ; I / 'f IV !JU./tt/-A NJi-1/6 auM ~/-5/ a. Approval of Ordinances on First Reading . i. COUNCIL BILL NO . 51 -Recommendation from the Department of Administrative Services to adopt a bill for an ordinance increasing City of Englewood Non-Emergency Retirement Plan ret irees benefits by three percent (3%). STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. ii . COUNCIL BILL NO . 53 -Recommendation from the Community Development Department to adopt a bill for an ordinance authorizing an Intergovernmental Subgrantee Agreement for the 2000 Arapahoe County Community Development Block Grant Program. STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. iii. COUNCIL BILL NO . 54 -Recommendat ion from the City Manager to adopt a bill for an ordinance amending Title 1 of the Englewood Municipal Code pertaining to departmental organization . STAFF SOURCE: Gary Sears, City Manager. b . Approval of Ordinances on Second Read ing . i. ii. iii. Council Bill No . 49 , authorizing an Intergovernmental Agreement with the 18"' Judicial District for participation in the Juvenile Assessment Center . Council Bill No . 50 . amending sections of Title 5 of the Englewood Municipal Code perta ining to miscellaneous license provisions . Council Bill No . 52 , approving an Intergovernmental Agreement known as the "Mile High Compact· acknowledging Metro Vision 2020 as a framework for the development of current comprehensive plans . c . Resolutions and Motions . i. ii. Recommendat ion from the Human Resources Department to adopt a resolution approv ing the Wage/Benefit Reopener of the Collective Barga ini ng Agreement with the Englewood Employees Association for 2001 . STAFF SOURCE: Sue Eaton, Director of Human Resources. ~~ Recommendat ion from the Human Resources Department to adopt a resolution approving the Wage/Benefit Reopener of the Collect ive Barga ini ng Agreement with the Englewood Firefighters Association for 2001 . STAFF SOURCE: Sue Eaton, Director of Human Resources . iii. ~3 Recommendation from the Department of Community Development to adopt a resolution supporting the Englewood Environmental Foundation 's selection of Concrete Works of Colorado for the construction Englewood Parkway . STAFF SOURCE: Bob Simpson, Board Director, Englewood Environmental Foundation. Pie••• note: If you have a dlsablllty and need auxiliary aids or services, pleaae notify the City of Englewood (303-762-2405) at lent '8 hours In advance of when services are needed. Thank you. ) I· 0 ~ ,,..- • ... .. • -~ Englewood City Council Agenda June 26, 2000 Page 3 iv . Recommendation from the Department of Community Development to approve , by motion , a professional service contract with Clarion Associates , LLC for Phase I of the Unified Development Code in the amount of $35 ,000 . STAFF SOURCE: Tricia Langon, Planner. 11 . Regular Agenda . a. b . Approval of Ordinances on First Reading . Approv~f Ordinances on Second Reading . ,1.RM I>~ Council Bill No . 39 , amending the Englewood Municipal Code pertaining to 7rv--IR -0 Sidewalk S::ilP."< 6'tl.J.4.J..ttr-' APP'D 6--0 BRADSHAW MOVED TO AMEND CB39 . 16-8-1 . DEFINITION OF SIDEWALK SALES (!2d_~~ ii. Council Bill No . 44, authorizing a Rights-of-Way Use Agreement with tJf/'fl--5-0-f (,fl~Metricom, Inc.~ {Zi.//t/t, iii. Council Bill No . 47 , approving an amendment to the City 's Basic Local • • ~ -'S-O ./ {.f&/'f~)hange Services Business and Occupati~n Tax .~ c . Resolutions and Motions . 12 . General Discussion . a. Mayor's Choice . b. Council Members' Choice . 13. City Manager's Report . APP 'D 6-0 APP 'D 6-0 APP 'D 6-0 APP 'D 6-0 a. CityCenter Englewood Update . 14. City Attorney's Report . Adjournment. C/: JO ~ GARRETI MOVED TO CANCEL THE JULY 3"° COU NCI L ME ETING BURNS MOVED TO APPROVE TWO FOURSOMES FOR THE CHAMBER OF COMMERCE GEORGE ALLEN GOLF TOURNAMENT JULY 12'" YURCHICK MOVED TO WAIVE THE $20 .000 ASSESSMENT ON THE SIDEWALKING ON SOUTH BR OADWAY WOLOSYN MOVED TO RESCHEDU LE THE JULY 3"" PUBLIC HEARING ON CB#48 (AME NDMENTS TO THE COMPREHE NSIV E ZONING ORDINANCE PERTAINING TO TATIOO AND BODY PIERCING ESTABLISHMENTS) TO THE JULY 17 . 2000 COUNCIL MEETING The following minutes were transmitted to City Council between June 1 and June 22 , 2000: Englewood Cultural Arts Commission meeting of May 3 , 2000 Keep Englewood Beautiful meeting of May 9 , 2000 Englewood Parks and Recreation Commission meeting of May 11 , 2000 Englewood Code Enforcement Advisory Committee meeting of May 17 , 2000 Pie ... note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2.05) at least 41 hours In advance of when services are needed. Thank you . • ' . • ) I • 0 • • -• " ,,,-. • • - ENGLEWOOD CITY COUNCIL ENGLEWOOD. ARAPAHOE CO UN TY , COLORADO I . Call to Order Regular Session June S. 2000 The regu lar me eting o f the Engle\\ood It) o un.:il \\as ailed to o rder by ~!Jyo r Burn · at :-1 p .m . 2. Invocation The in vocation was gi ven by Ma yo r B urns . 3 . Pledge of Allegiance The Pledge of Allegiance was led by Ma )O r Burns . 4 . Roll Call Present : Absent : A quorum was present. Al so Prese nt : 5 . Minutes Co un cil M embers Grazuh . Brad shaw . Wo losyn. Yurc h1 ck. Burns Co un c il Member Nabho lz . Garrett C 11 y Manager Sears C uy Att orney Brotzman Deput y Cny !erk Castle P!anner Langon. o mmumty De ve lo pment Di rect o r Ro ,. Publi c Wo rk s Direct or Grygle,\I z. Adm1m,trat1ve Services DI\ ,,,on Chief Moore . Safet) Service; Assistant Cuy Att o rne ) Re:d (a ) The minutes o f the regula r City Co un ii meet ing of Ma y 15 . 2000 were co ns idered . Co un cil Member Grazulis asked that the spell mg o f ··hippy"· be changed to ··h1pp1e·· o n page o ne . Ite m 6 (a). COUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED. TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCIL MEETING OF MAY IS, 2000 AS CORRECTED. Aye s : Co unci l Member Wo losyn . Yurchick, Grazulis. Burns Nays: o ne Ab tain : Co uncil Member Bra d shaw Ab ent : Cou n ii Members ab ho lz, Garrett The moti o n carried . 6. Scheduled Visitors There were no sc hed uled v1s11ors . • • I I • 0 - • • -• Englewood City Counci l June 5. 2000 Page 2 Unscheduled Visitors --· • ... • - (a) H arold Ceh·a. Exe ull\e Director of the Engle\\c'Od D \\ntown Develo pment .-\uth o nty. 333 Wes t Hampden A venue. addre,sed Council regarding the Tn -Part) Agreement,. betwee n EDD.-\. Em!le"ood Urban Rene"al Authont, and th e Cit \' o f EnQJC \\OOd . The mo ,t recent addu 1o n 10 1h1 s agr";:ement. parts o f" h1 c h "e are suli nego uaung: he ad,~sed. ugge sts thJl tt "as requested b) Engk\\oi.ld City C o uncil. He s aid he \\JS here to night to appeal to ouncil to 1a,c a e rnnd l,1<.,, at the phra e ··unlll (blank). the Cit y Co unci l s hall ha,e the nght 10 appr ve all tenants and o ther Ol:c upam · o f th e pro pcrt). which approval shall no t be un reaso nabl y withheld ."" Mr. Ceh a sai d this \\JS 111 reference to the devel o pment parcel o n the no rth end o f th e property. He ,aid he \\Ould like tu get thi s int o the pm,ue sector. Mayo r Burn sai d he "o uld JUSl like to danfy that ll ""' the Acoma !reel p.1rking 1L,1 thJl he \\JS tall.mg about. Mr. Cel va sa id th at was correc t. Mr. Ce Iva said the fell. fo r a pnvate de veloper to come in and tal.e this propat) "1th a re tm·tmn n l th .u type o n ll . might no t be the best approach. Part of o ur concept. he aid. 1, to reque,t fr m the pm Jte ,cctnr a building that 1s . perhaps. o f greate r substance than mi ght o rd ina rily be put o n tho, propert) Thing, oi the nature that the building needs to have parking o n sit e and we wo uld like 10 sec .1 t\\C>· tur) building \\'e are propos in g that . eventuall y. the building be turned o ver . free of co,t. 1,,r de,elo pment. ,n o rder tn subs idize tt a nd pro, 1de an incent ive to provi de us wtth the se o ther benefit, 10 the commu111ty \\'e feel th.11 th e o ne ph rase . that the Ci t Co uncil ;hall have th e ri gh t to appro,c ten.,m , for a pn\'ate de,clnper i, ho rribl y restnc tiv e . o unc tl has ex 1sung leg1 sillto n. like Co lo rado Re, 1>ed Statule, 3 1-25 -80 . to r instance . The va lue o f the property that is to be so ld needs to be determmed b) EDDA and o un cd Our approac h in th e futu re. we wo uld li~e lo th ink . i, to \\Ork ,cry c lo el) "1th Council. "1th Communtt) Develo pment. and \\Ith a ny and all age nc ie s m the Ci ty. But . o nce agam. pu l ling J co,·enant o f th is n.ll urc in and restricting the pri,•ate sec tor m that fas hi o n might be pushing II a ltttle b it too far. lie thanked Council for listening. and said he wo uld look fo r\\ard to a repl y. Council Member Yurc hic k said he was the o ne wh o bro ught up th1 , issue. a nd h is concern is no t o much the City controlling that land . But it is located al o ng Englewood Park\\Uy there. and tt is a gateway tu the new CityC enter. He felt \\e s ho uld be cauti o us o f what happen s in th e de\'el opment al o ng th at tnp of property . Whether the Cit y ha s final approval is no t the issue . he ,aid . 111, making ure it tii, the bi g picture. Council Member W o losyn asked if that could be do ne th rough d esig n issue;. ra th er tha n co,enant ,s.uc,. City Att o rney B rotz man s aid we bo rro wed the lan gua ge fr o m th e Mil ler W ei ngarten de,·elopmem agreement. a nd as M r. Loss i go in g to be ask in g us to Jppro, e tenant s to night . we kepi that ,ame procedure for the corner pro perty o n the Acoma Street parking . We can certainl y wo r~ \\1th EDDA ,tall . City staff. and EURA staff. he said. to \\Ork out some re soluu o n o n th at. Mayor Burns sai d he does not kno w th at we ha ve to be too he avy-handed about 11 . but he felt Council Member Yurc h1 c k made a good po int about making sure this b lends in with the o verall plan. W e need to emphasize wo rking together. C o uncil Member W o losyn felt that was a mu ch o f a de 1g n iss ue. e ven mo re probably. than a tenant issue With Miller W e in g arten ll 1s 15 .000 plu s square feet . and she d id no t kn o w that an) o f th ese places \\ould be that big. Coun 11 Member Brads haw s aid M ill er Weingart en was 7.000 q uare feet . Mayo r Burns sa id Ms. W losyn made a good po int. He said ,f Mr. C el va unde rstands that \\e reall y wa nt 10 coo perate o n thi s, th at 1s the be st wa y of approaching it. • ., I • 0 - • • .--. • • • Englewood City Counci l June 5, 2000 Page 3 (b) B ill Mulnix. 32 0 South Galapago treet. said he "as here regarding the north ide of the new CityCenter. He requested that the brick wall be a continuo us soli d \\311 \I 11h o u1 an o pening at the corner of Fl oyd and Galapago Street. He ,a,d he "a, told the rea so n there had to be an o pemng wa s C r fire trucks and emergency equipment . The neighbor,. e pec,all~ the pe o ple in the corner ho use . are going 10 be so close to the traffi c that II could be unbearab le . The tire trucb ould take Cherokee rwer to Ea,tman. and then go west o n Eastman to take care of all the propen,e in that area He felt 11 wo uld not make more than three minutes difference . He JJd he h pes so mething can be done about that. (c) D o n Leadabrand. 32 I outh Galapag treet . a,d heh, e · o ne dour awa) fr o m the corner. He a ked about the proposed traffic !lo w~ r Fl o~d A,enue o n the o uth s ide o f the brick "all There was a letter that was placed dour-to-door today. he a,d. and there"" no menti o n o f wha t the tra ffi c· flow was to be. on ly when West Fl oyd Avenue will be fin, hed . He asked ,f Jn,one kn o "' \\hat the intended traffic fl ow is. City Manager Sears sai d there are a lot o f thin gs happemng o ver there . and he recalled that !\Ir. Lead abrand had been in touc h with Rick Kahm . Mr. Kahm gave ~I r. Sear a ·o p) o f the letter regarding the Flc,)d closure. which he gave to Coun ci l. Public Wo rk Dire,t r Ross might be the be st perso n to addre,s th~ question. he advised . A lot o f it relates to RTD requirements. some o f relate, to the W al-Mart requirement • he said. and that is the reaso n for the sound walls on bot h s ides o f Floyd Avenue. But to s pecificall y answer h" questi on. Mr. Sears said he would have to defer to either Mr. Kahm or Mr. Ro,,. He said there was a me e tin g planned at Bi sh p Elementary School on June 15 '". from 5 :3 0 to 7:30 pm . Mr. Leadabrand aid the letter he had menti o ned that. but he felt the tree! \\Ould be alma t rnmpletcd that time . He asked ,f that wa, for bus fl o w. Mr. Sears respo nded that th e primar~ purpose 1s fo r bus tllm to go to the CityCenter. In fact. the co ncrete 1s there. the saw tooth for bu sse to be parked ,s there . ~,1 the primary functi o n ofFlo)d 1 for bus travel back and fort h to Broadway . Mr. Leadabrand said he wa s 10 agreement with Mr. Muln ix. who own s propert y aero» the tree! from him . He said Mr. Mulnix spoke against an o penmg because bus es are gomg to be tra,eling thro ugh there . He said he is a tin le hard o f hearing. so the no"e will no t affect him too much. but the d,e,cl 001 ;,ure '"'!. He said he heard there would be fo ur hundred busses a dav o n that roa d . City Manager ears said the plan ,s to ha,·e fou r hundred a day o n Fl o yd Avenue . and that" the rea,Pn fo r the wall . Mr. Leadabrand said he bought hi property in 1959. lived through the loss o f a c it y park. li ved thro ugh the onstruc tio n o f Cinderella CII). its de,tru ·t1 o n. and now this . He sa id thi s i, go in g to be "orse for him than any of the other was . Four hundred bu»es " a lot o f bus es. he said . Mayo r Bums said he has dri en down thi s area several times in the last couple of "eek . becau,e he""' concerned about 11 . As he looked at the wal I. even last weekend. he had some o f the e , cry same que,11 o n, . Is there enough of a buffer there . he a ked That is a lot o f bus es. and "e have talked abo ut the space th ere for bicycles. and that son of thing. so that , a preuy cramped pace. he p,ned . He said he ,s w ndenng how this is going to work out . because th e wall I not that tall . He aid he ha s had concerns abou t it. and would like to have staff address th is so me more . Mayor Burns sa id he ha s dnven up and do "n each stre et several times and looked at it . and he ha s some real con erns about ho" th, 1s designed and how much II ,, l!Oing to affect the neighborhood, especiall y the h uses that arc nght o n the street. right next to 11 . The gentleman is right . he said . it is a lot of bu se . (d ) Evelyn Hagedorn said her daughter. Gretchen. ll\e at 3290 So uth Galapago Stree t. Because she works during the day it ,s hard for her to "a rk "1th the pc pie about what ,s happening there . she said. Ms. Hagedorn said ,he has talked w11h Da ve Hcnders n and o me o ther people from the proJect . several time s. and this is the first the) ha,e heard of the~ ur hundred bu ses . She aid she ho pes CouncJ! will seri o usly consider some acti on about that . be au e her daughter , nght o n the corner of Galapago and • ) I • 0 - • • • ,.-. • • - Englewood City Council June 5 . 2000 Page4 Fl oyd . and thi s is going to be within a fe" feet of her back door. and by the ume ,o u go the >1X feet up to her fence line o n the ri ght -of-way. they ca n come and eat in her kuchen w11h her. It ,s go ing to be a ,er). very difficult thin g fo r some o f th ose people right along Fl o )d. she atd. and the fo ur hundred bus,cs "tll provide a lo t of d irt and no ise. She repeated th a t sh e ho pe Council will serio usl y think abo ut that. Mayor Burns said he saw o ne of the ne,ghb rs JI a meeung Saturdav. and a ked him ho " the rnnstru.:11 ,,n was over there. He respo nded tha t the co nstruct,on \\a, no t too bad. but he \\J> \\ailing for the traffic to start . Counc il Member Bradshaw sai d it is going 10 be a change . She sa id she could o nlv speak fur herself. but could o ffer a ss urance that th ey "'II try to miu gate that an)"JY the) can Mayor Burns felt it was a seri o us is ue and he wa ·o ncerned a bo ut 11. (e ) Jo hn Loss. 3035 o uth Race Street. ;,a id he wa pre sent o n behalt o f I tiler \\'e1 ngarten i., d isc uss and seek approval fo r !\\O tenant prospects that "e are current I) dealing" 11h . The 1r,1 pro,pe,·t " Pet s Mart. he said . He rem inded Coun ci l that. e,eral mo nth ago. th e) appro,ed Pct o. \\h1ch \\Js the group that was interested at that ttme, ho wever. th ey are no lo nge r interested . Fortun ate!). Pet>~lart h.1, re centl y completed a competit io n and trade area stu dy. and their number came in quite good. ,o the, arc now int erested in the project. We think . actuall y. Pet sMart does a li ttl e b it bener Jo b o ,er Pete,,. Jnd .,re generall y regarded as a no tch above . Frankly. \\e are e ncour aged by their intere st Jnd are g lJd the) arc . po tentially. a vailable. he said . Council Member Bradsha w a ked 1f they were leaving nivers it) Hill s . l\.l r. Lo ,, ;,J1d n,,. and th.II "a, h h concern. al so. in the early ro und ;,. and pro bably \\h) Pet co appeared to h:l\e Jn 111tere ,1 13 ut Pc1>~l.1rt h.1, com pleted th e ir s tudies a nd feel. '"'h the traffic pa11ern s. that they ha,e aver) broJd trJdc are:; to deJI with . W e ge nerall y re "pect the ir ,oph1 s u ca1ed studies. ,n terms of the ir anal y>1s o f their oppt,nun111c,. hi.'. s:ud . They w uld keep th e Uni,erstlv l-11 lls ,tore . he sai d . a nd. typ1ca ll ). th at kind of;,to rc doe, in the ne ighborhood o f t wo-hundred and lift ) dollars per sq ua re foo t ,n annua l sales. o tha t 1s a prell) g,i<,d number. M a)< r Burn as ked where th ey \\Ould be loc J ted o n the >1te . Mr. Lo s said they do n't kn o w )el. e,.tctl). but "e ha,c about 75 .000 sq uare feet. total. o f building th t \\OUld be po siu ned and locJted 1n a \\J) where the,e IJrger user could end up . That 75 ,000 con;,,si, o f 50,000 quare feet to tal ,n fr o nt o f \V JI - M art. so me" here between Ela11 and Galapago . he ,aid We ha,e to maintain a ,ew co md r pur;,uant to the Wa l-Mart contract. so es,en11all). \\hatever get;, built in there. up 10 50.000 ,quarc feet. ha 10 be hugging Galapago o n o ne s 11e and Elau o n the other. in o rder I all o " for thJt much sq uare footage 10 be in th ere In add111on to that 50.000 qua re feet. the other Jpprox1mJtel) _5.000 ;.quare feet . ge111ng to a total o f 5.000. ts a building area Just to the we;,t ofGalapago . fr o n11ng o n HJmpdcn . \\'e bel,e,e thJt Pets l\l Jrt would e nd up in o ne of th ose buildi ngs o n Galapago . he >aid. e11her o n th e "e,t ;,,de or the cas t >1de . M r. Loss said the se cond tenant he wo uld ltk e to talk about ,sen,, 1o ned to r an Jrea in fr o nt o f W a l-M art. but towa rd s Elati S treet. It would be a bu1ld1ng running no rth and o uth. ""h the entrance fa 1ng to the we s t. int o the project. he said . Thi s second prospernve tenant i;, a liquor ,1 re The urrc nt o wners a nd o perato rs are involved in Arrow Liquors. whi ch 1s locJted at Alameda Jnd Col rado ,n the Target pro3ec1. Target ha s expansi n right s in that ce nter. and are ,n the pr ess o f uttlizmg their nghts. As a result. 1t11 s liquor store is go ing to be d isp laced. he advi sed. They are env1s1 o mng a s tore tha t I about ;,,.x o r se ve n th o usand feet bigger than the c urre nt sto re . T he) are v1e\\ing 11 J a regi o nal. sub,anchor -l)pe draw. and are proJec ting abo ut a fifteen-mile trade area fo r a st ore like tlu s. he aid . C o un ci l Member Brads haw asked if it was s im ilar to Pyramid Liquo rs . Mr. Lo ss s a id the best example that he had of it is Lucas Liquo rs at Park Meadows . Lu a, ,s a ne" project in o ur market. and 1s ,n a ce nter thJt has a Ho me Depo t, Bed. Bath and Beyo nd . a nd an Old Navy . l\l ,. Brad ha w a ked 1f we can get those. no w that we have a Pet sMart coming back. Mr. Loss said o ne can ho pe. but we a re not ,ure the liquor store • ) I • 0 • • -• Englewood City Council June 5 , 2000 Page 5 • • - itself is what caused Old Navy and Bed . Bath and Beyo nd to show up at that locat io n . We believe. and o ur understanding is . that . with the larger~ rmat store. their pre se ntati o ns \\Oul d be a lo t mo re wine than yo u would find in a s maller liquor sto re. and we are satisfied that o ne of the most impo rtant things is thi s " ill most likely end up being a ;an gle tenant building. based o n o ur 50.000 to tal that we can deal wi th . and th e building would be s ubject to all o f the PUD design guideli ne s . As a re ult o f that . he said. it wo uld end up being a very compatible and good looking to re . faci ng west into the proJe t. Council Member Bradshaw as ked 1f that wo uld go a lo ng wi th the agreement wuh W al-Man . C ity Att o rne y Brotzman said he believes there I a placement o f liquor establishments with Wal-Mart . He a ked if that was just for the serving of alco ho l. Mr. Loss sai d it is for o n-s ite c o nsu mptio n. that is the W al -Mart concern. so thi s would no t be a fac tor. Mayor Bums asked what o ther user o f thi s 1ze Mr. Lo s wo uld try to e nu ce to thi s loc at io n. Mr . Loss said he is attempting to get mo re soft good user than we c urre ntl y have. He said th ey are o ut there tr ying fo r a ll types o f users. tryi ng to go after the soft good s segment. and we ha ve so me pretty good users in that category. but we d o no t ha ve anyo ne spectticall y targe ted instead o f a liquo r store . Mayor Burns said . in o ther wo rds . yo u d o no t have a letter o f intent fr o m these o ther user,. Mr. Lo,s sai d they have letters from PetsMart and th is liquo r sto re . Council Member Brads haw said you have. o ne fr o m Baily's. Mr . Loss said Bail y's . Office Depot. Johnn y Carin o·s, Famo us Footwear. Avenue Fashi o n and about six restaurants . We are kind of runn ing o ut o f room for the re staurants. he said . a lo ng the p,1rl.way . We have probabl y a to tal of fifteen lett ers o f intent . he said. and. at thi s time. \\e are o nl y w rkin g s pec ifically o n leases with Office Depo t. Bail y's and Jo hnny Carino· . The purpo e o f th is d1 scu, io n an d request is so we can move these other prospects to th e ne xt leve l f seein g if the y are . in fa ct. interested and if the City is willing to w ns ider these uses. Council Member Bradshaw said we already appro ved a Petco . so s he has no problem wnh PetsMart . but s he felt Council had put a lo t of time in to the design o f thi s de,elo pment. and tr ying to rai se the standard. so she has a real problem with a hu ge liquo r sto re go ing in . That "as no t the intent . she aid. so she wo uld say yes to PetsMart , no to Arrow Liquors. Council Member Grazulis said ditto . Council Member Wo l ;,yn sa id she fee ls the same. es pec iall y following up on what Council Member Yurchick a ,d . Liquo r sto res usually sma ll businesse s. a nd wh y wipe a lo t o f them o ut . Council Member Yurchick said th ere is a l read) a ltquo r sto re o n Hampden and Arrow wo uld wipe thi s bus iness o ut. Mayor Burns said there is ano ther o ne o n D wmng and O ld Hampden. too . Council Member Grazulis said yes . and o n So uth Broadwa y. Council Member Yurc h1 c k said he does support the PetsMart. Mayor Burns s aid we go t positive feedba c k fr o m the !C S c n ferenc e ,n Las Vegas. and no w "e are seeing tenants coming in o ur directi o n, rather than hav ing to try and pull them in here. He said the develo pment is reall y start ing to take o ff in that regard . He said he "o uld ha ,e tog a lo ng \\tlh the o ther Council members . Having a large ltquo r sto re rea ll y di sappoints htm . he ,aid. and he wo uld rather ha ve a soft goods tenant. He fe lt we were getting a d ynamic res ponse no w and hew uld ltke to at least take a sho t at getting some other kind o f user than a liquor sto re at thi s point. He t Id Mr. Los that there was a unanimous opinion o f Council o n thi s. City Atto rney B rotzman as ked. because there is a formal approval proce ;,. that C o unc il approve th ei r c hoice b y mo ti o n . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE PETSMART AS A TENANT AT CITYCENTER ENGLEWOOD. Ayes : Nays: Absent: Coun c il Members Bradshaw, W o losyn, Yurchick. Grazults . Burns None Counc il Members Nabho lz . Garrett • J I • 0 ---. Englewoo d City Council June 5 , 2000 Page 6 The motion carried. .. 8 . Communications, Proclamations and Appointments There were no communications. proclamations or appointments. 9. Public Hearings • • -.. (a) COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 33, APPROVING THE HAWTHORN SUITES PLANNED UNIT DEVELOPMENT. Ayes : Nay : Absent : Council Members Bradshaw. Wo losyn. Yurchi c k. Grazulis. Burns None Council Members Nabholz. Garrett The motio n carried and the public hearing o pened . All persons giving testimony were duly sworn . Planner Tricia Lan§;o n ad vised that she was representing Community Develo pment. She reminded Council that. at the May 15 Caty o uncal meeting, a public heanng was held o n the Hawtho rne Suites Ltd. Ho tel. At the public hearing. the appltcant. Mi c hael Plante. suggested some financial strategies for the ho tel project. at which time Council directed staff 10 re sea rc h a number of issues. Staff as requesting a continuance. s he said. to the }6tl> of June so that staff can continue the analysis. There are a number of complex issues and quest1 ns asked by Council and staff ha s determined that a bat more time is ne eded to complete that. Mayo r Burns said he had no o bJectio n, and this was almost anticipated . The} ha,e worked for two }Car, on this and Council wanted a lo t of information. and Council Member Yurchick wanted some specific information on the economics of it. Council Member \Vo losyn a ked about the informatio n request. She asked if the comparison o f the hotel studies wo uld address issues lake whether. in fact. an extended stay ho tel is the kind o f ho tel we reall y need. given all this new informatio n about Craig ha ving their own ho usi ng. May be Englewood needs a ho tel. and maybe that would be the sort o f thing we would want to give financial incentives to . but may be it is no t thi; type of hotel. s he suggested. She asked if that would be addressed in the comparison o f ho tel studies. Ms. Lango n responded that it wo uld be either in the compariso n itself. o r within the body of the communication . Councal Member Bradshaw said s he wa s no t here o n the 15 'h. so he had a questi o n . The things that Mr. Plante requested. to waive the water and sewer asses ment fees. waive use tax o n materials, abate ales tax over five years. and abate lodging tax over fifteen years. she asked if that was no rmal. Mayor Burns said the City has never d o ne that before . Ms. Bradshaw said we have ne ve r had a ho tel. Planner Lango n aid that is part of the I sue of determining whether II has been d o ne , and there ha ve been some mano r abatements. M . Bradshaw asked if they want us to put the foundation in fo r them. too. Mayor Burn commented that Mr. Plante lined up all o f the fees and all of the deck. so you could ju t see it o ming. He said he spoke to Art S ibelli about that later and he said they worked and worked o n it. We may not have a hotel in Englewood unles s we do something like that , he added . .. . ( I • 0 • • ----------------------------.·-------------------------~------- Englewood Ci ty Counci l June 5. 2000 Page 7 .,-. • • • Co unci l Member Bradshaw said he kn o "s th at 1s ho w peo ple get different ho tel ,. but ,he ag reed " 11h Council Member W olosyn in questi o mn g "hether tht s 1s the type o f hotel \\e ne ed . She ,aid o uncil asked some reall y good quesuo ns. Mayor Burn, said there ,-as a lot o f d1scu ss1o n. Council Member Grazulis said the quesu o n wa s as ked co ncernmg the lo ng term s ta,. "hteh ,-as in the record. as to \\hether it co uld be fo r o ne night and did not ha ve to be as sociated "nh th e hos pital. bec ause that was her concern at th at time . Ms. Grazulis added that he \\Ould no t be pre sent fo r the City C o uncil meeting of June 26"'. She requested Co uncil vo te acco rd ingl y and not give awa, th e ·tore . She sa id the v were asking for an awful lo t. C o uncil Member Bradsha" agreed that tht 1> a lot . l\l s . Grazult s said he knows there is some comm n gro und m there . COUNCIL MEMBER BRADSHAW l\lOVED, Al'iD IT WAS SECONDED. TO CONTINUE THE PUBLIC HEARING TO JUNE 26, 2000. Ayes : Nays: Absent: Co unc tl 1'-tember Bradsha". \V o lo,) n. Yurd11,·k. G ra,m lt ,. Burm, No ne Co unc tl 1'1embers Nabho lz. Garrett The mo ti o n carried and th e public hearing was contmued IO June 26. 2000. (b ) COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO OPEN A PUBLIC HEARING TO GATHER INP UT ON CO NCIL BILL NO. 39. AMENDl!\'G SECTIONS or THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO PUBLI C SIDEWALK SALES. Ayes : Nays : Absent : Co un c1 1 l\1embers Brad,ha\\. Wo losyn. Yurch,c k. Grazul1s . Burn, 'o ne C o um:tl Member. Nabho lz. Garre tt The motion carried and the publt c heanng o pened. All persons givmg te s umony were dul . ,.,orn . Planner Tricia Langon. with th e Depanment of o mmumt) De,elo pment. ad, 1scd that the publi c hearin g was for the purpose of consi dering Council 8111 o . 39 . These amend ments are brought forward JOtntly by Public Wo rk s. Safety Services and o mmumt y De,elo pment . she ,aid. taff reque,t that Co u11c1l consider and take publt c te stimo ny o n the pro po,ed Jmendments 1ha t affec t Tit le 7 . Tille 11 and Tnle 16 o f the Englewood Mumcipal Code . Ms. Lan go n pre,ented fo r the record Proof o f Publt ca11 o n o f No 11ce o f the Public Hearing. which appeared 111 the E ngle"ood Herald o n Ma~ 19. 2000. Ms . Lango n sa id she would like to make one point before we beg111 . There was a typo 1n the ir,t read111g and the publt shed b ill tn the paper. A correcti o n is in you r co py this even ing. she sa id . In th e first Whereas. Tnle 11. th e number eleven was left o ut . however Tnle 11 wa s ,rnted 111 the title o f th e bill and al so \\ithm the bod y o f the ordi nance . It is ju.st a typo in the fir st Wherea,. As Co un c tl kno "'· she contmued . merchant s ha,e requested the use of public side"alk, adJacent to their bus111esse s for publt c s id ewalk sales over the pa st years. Those sales have been pro h1bned becau e o f the proh1b1u o ns m Tnle 7 . Pu bite Safety. Tn le 11 . Public Ways and Property. and Tttle 16 . the Co mprehens ive Zoning Ordmance . Titles 7 and 1 1 addrc ss safety issues. s he said. concerning the o bstructi on of public si dewalks and public \\ays. and Title 16 . the zoni ng ordinance. prohibits the o utd oor di s pla y. storage or sale , wheth er o n public or pn vate pro perty . o f ho use ho ld appliances. furmture o r o ther ite ms comm on ly used 111 th e ho me . Recentl y, merchants address ed Council and requested that publtc 1dewalk sales be allowed and Coun cil. at that 11me . pr posed authormng two c it y-wide public sidewalk sales eac h yea r . and directed staff to re search s trategies. she said . Fo ll o wmg discussi o n at the March I '"' tud y Sessio n. Cou ncil directed that a public s idewalk sale po li y be set by re soluti on on an annual bas i . and the y directed staff to prepare a mendments to the three titles that are affec ted . The amendments to the Co mprehensive Zo ning Ordinance. which i Title 16 . we re pre se nt ed to the Pl anning and Zoning Comm1 ss 1o n . and the co mmissi on conduc ted a publtc hearing o n Apnl I ••. They re commended the amendments be forwa rded to Coun cil. Findings o f Fact were mad vertentl y o mttted fr om Co uncil"s first reading packet. but are included 111 the pac ket this evenmg. There are seven amendments m total. she advised . She said she wou ld begin with the zo nmg ordinance because o ne o f the a mendmen ts • ., I • 0 • • • Englewood City Council June 5 . 2000 Page 8 • • • adds a detinit1 o n. and all the other amendments refer back to that. The propo ed definit,o n 1> "Public Sidewalk Sale, a communit y e\'ent o r celebration all o wing the use o f public sidewalks by Englewood merchants in front of their business as authorized each year by Ci ty C ouncil reso lu11 o n. after cons ulta11 on with the busines communit y". The ne xt two amendment s. she sa id . are to the B-1 and B-'.! Bu s in ess District , adding lan guage that excepts auth ori zed publi c s idewalk sales fr o m the li sted pro h1b1ted uses in these two di stricts . The la st Comprehensive Zo ning Ordinance amendment ,s to the Sign Code. adding language that excepts s igns referring to the se authori zed sidewalk sales fro m th e li st o f proh1b11ed sig ns in the zone districts. In Title 7. whi c h is the Publi c Safety title. we have 7-6 8 -6. Ob tructin g High\\ays and Public Passages. This is under the jurisdiction of Public Works. she ad vised. a nd th ere are I\\O ec110 ns. A I. which d oes away with the commi ss io n o f a pu b li c offense when a sidewa lk 1; o bstructed in conJunrn o n with a public sidewalk sale . A l o. sec ti o n C. \\hi e ~ remo ves the sale o f goods o r mer hand,ze o n a public sidewalk as a prohibited act. she said . In T11le 11 . under the j uri sd1c11 o n o f Safet .. Serv1<·es. we ha,e 11 -3- 3, Obs truc ti o ns and Harmful Substances . wh ich removes the prohib1t1 on of booth s o r stands fo r the di s pla y of merc handi se o n a public sidewalk. s he said . These amendments. again. are 10 three se para te lilie s in the Municipal Code . The a me ndments all ow ,idewalk sale s in the B-1 and B-'.! zone d1 ,1ri c1s o nl y. and o n!) an conjunctio n with an autho rized publi c side\\alk sa le event. The amendments con1111ue to prohib it s1de\\a lk sale s in all o ther di s tri c ts . and the amendment do no t add re ss po li cy o r wh ere. when or how th ose sales are conducted. M s. Lango n aid II was her und e r landing that Council would d irec t th at public pol icy. specifically how the sales would be conduc ted . after approva l o f these proposed amendments . M,. Lang o n said she wo uld addre s a ny que It ns on Tille 16 . and if there were q ue sti o ns o n Title 7. C hief Moore was available fro m Safety ,m ,ce,. If Co un c il had questi o ns o n T itle 11. Ke n Ross fr o m Pu bli c Wo rks'"" available. Do ug Cohn. 305 1 S uth Man on treet. th anked Coun c il fo r considerin g the s idewalk a le o rd111an ce. I k felt it was a good thi ng . He ,aid he read the ordinance in the paper. he was tr ying to figure o ut "hat the thing in the newspaper ac tuall y dtd . and 8111 Clayton had j ust explained it 10 h tm . I-le sa id mo -1 o f hi s comments have to d o wnh the execu1t o n of the s idewalk sa le s. rather than a po lic y kmd o f thin g here . When Counci l Member Wo losyn came 10 o ne of o ur C hamber meetings. he recalled. a concern wJ, expressed by some of th e member, o f the audience that . if the C at y Coun c il were to auth o n ze each an d every sale that came al o ng. 11 wo uld be sort o f lik e Counci l wo uld decade fo r the bus me ss communn y "hen and where and how we do o ur sa le s. and th at was no t a particularly well-suppo rted id ea. he a sserted . He said he wo uld argue. a s th e detail s get wo rked o ut . that it wou ld be a frustrattng thm g C r Coun ci l and fo r th e bus ine ss community 1f. every ttme "e "ant ed 10 have a idewalk sale . th e C uy Coun c il w uld ha,e to make an approva l o n that. Also. j ust a couple o f th o ught about th e actual do in g of th e s id ewalk ,ab. !'I.I r. Co hn said he would rec ommend go tng be yo nd just two c it y-wi de si dewa lk sales to al lo w th e ind1 v1du a l sto re s to make an application for a s idewa lk sa le license . at the Ci ty sa les ta x office. where the y could ha ,e o ne or two license s a year to put o n their o wn pers nal sa le . If all the me rc hant s o n the west si de o f the 3400 bl ock of South Broadway dec ided the y wanted to ha ve a sale. they \\Ould be able to do that . with o ut having to coordinate with e ight hundred other bu messes in town to put the thing together . Mr. Cohn sa id he see s thi s as a n unwieldy thing. although he felt the tw o sa le s a year wa s a great start. He recommended that Counc il consider these kind s o f ideas . He as ked . abo. 1f Coun cil wo uld want to take up it s tim e approving applicati o ns fr o m indi vidual sto re or blocks o f s tores . He suggested that could be do ne mo re easil y by the City sales tax office o r a Ci ty gro up of fo lk s. Counci l Member Brads ha w sa id C o uncil could dele gate that. Mayor Burns said he felt it had already been delegated to the City Manager. He agreed that Coun ci l did not want 10 re view each of th ese requests. Mr. Cohn s aid he had ho ped that wo uld be the a nswer . Bill C la yto n. 958 East Cornell A ve nue. sai d he wa s co-pre s ident of the Chamber of C o mmerce. He thanked Tric ia Langon . Art Scibelh and the Department o f Commun ity Devel o pment for wo rk ing with the Chamber and EDDA o n thi . He felt there had been a lot of progress and it wo uld be exciting to ee some productive sale s that would be useful fo r the merc hants in Englewood . He said II so unds to him lik e th e amendments Ms . Lang o n sugges ted are compl etely in harmo ny with hi s th o ug hts. parti c ularl y the noti o n that a s idewalk sale is somethin g that i autho rized and defined b y C it y po li cy. Harold Ce lva. fr o m the ::, I • 0 - • • -• Englewo od C it y Counc il June 5 . 2000 Page 9 •· •,' " -· • • - Englewood Do wnt o wn Devel o pment Autho rity. and th e Chamber had pre pared a letter. he ad \'iscd . He said he would give it to Coun c il. alth o ugh he felt it wa s almost redundant because o f th e a me nd ments Ms . Langon suggested . Mr. Clayto n said the y reall y look fo rward to wo rkm g with the C 11 y to actually d e ,elo p that po licy . Certainl y it is not th e intenti o n o f the merc ha nt s that he ha s po ken "ith tha t the y wa nt to JUSt o pen the door to peo ple just piling stuff o n the sidewa lk . At th e same lime . ho we\'er. \\e recognize that different parts of the ci ty ha ve differe nt ne ed s and ,t may be a little infl ex ible to say "e are go mg to ha, e two sales a year and we are go ing to set the date in January. When we started thi . he a,d . fr o m th e Chamber"s perspective. what we rea ll y wanted to d o wa s make it legal and th e n we \\anted to sta nd bac k and watch as merchants started to de vel o p a little enthus ia m. then get together and d o it. A id e wa lk sa le is a lot of work. he continued. Yo u ha ve to ad verti se. yo u need to pro mo te ,r and yo u have to hire pe o ple to run it. He felt. in so me ways . o ur cart wa a little ahead o f the ho rse . We o ught to make ,r le ga l and h,l\C J process for it , but. he said. he reall y co uld no t stand here to night and sa y when the y wo uld want to have o ne o f these. Over time. we will. he added. and it w,11 be good for Englewood . Our intent wo uld be to wo rk with Council. and work with the Communit y Devel o pment Department to deve lo p some po li cies to bring this to fruition and make it wo rk fo r all o f us. he said . Mayo r Burns said Council fa vo rab l_ re,e ,ved Mr. C la yto n' c o mment s. Mayor Burns asked ,f there wa a nyo ne e l e wh o wo uld like to speak o n the s ubjec t o f s id ewalk sa le,. Planner L.lng n said s he wo uld like to ma ke o ne c larificatio n regardin g Mr. Cl ayto n 's indi catio n th at the proposal m h,s letter 1s s 11111l ar to th e am e nd me nt lan g uage in the detinillo n. bec ause there is a s light differenc e. Referring to C o un c il's copy o f the deiimtio n, s he s aid it reads "communit y e vent o r celebratio ns all o wing the use o f publi c s id ewalk sales by Englewo od merc hant s in fr o nt o f th e ir bu sin ess a, autho rized by City Counc il resoluti o n after consultati o n with the bu sine ss community." Mr. C la yto n's proposal in hi s letter read s the same. she ex plained. up to the wo rd "by". They are s uggest ing th a t it e nd wnh "by C ity pol ic y." Mr. Clayton aid maybe he misunderstood Ms . Lango n. He aid hi s unders tanding \\US that C 11 y Coun cil wanted 10 get out of the bus iness o f havin g to de ,de thi s and wo uld rather have it be a part o f ,r y po hC). and that really is what our re commendatio n is. We s imply sa y th at sidewalk sales are defined by C 11 y policy. and then we find a way to d e fin e C uy po hc y. Perhap it wo uld no r re quire a re,olut1 o n eac h year. 11 wo uld just simply be an o ngo ing City po li cy. he ,a ,d. adding that he agreed \\Ith M ,. L.ln gon that thJt \\J, their intention. Ms . Langon aid s he just wanted to be c lear that the y were no t the same . C o uncil Member Brad haw aid the y could wo rk the same . Mayor Burns said he th o ught Coun cil had g iven some auth o ri zatio n to the C it y M a nager at o ne stage o f th,, develo pment. M s . Bradshaw said th ey did th at early o n and he handed it bac k ro us . City Atto rney Brotzman said . regardin g the di sc uss io n M s. Lango n had abo ut poli y. th o e po licy iss ue s that we were di scussing were things like et -back o f where the boo th s will be . and traffic and vi io n-type issues . The dates were ro remain at Co un cil 's di sc retio n. the issue o f whether yo u want to have two , o r did yo u want to have multiple, wa s left fo r thi s council and future council s to dec ide . Mr. Clayto n said. as wa no ted in the letter. the y feel the po li cy co uld be a little broader. and could perhap s talk about when the dates might be o r ho w the date s wo uld be determined. and also take into acco unt the different needs o f the different parts o f the c 11 y. which ma y no r ne cessarily c01ncide . The folk s over in Brookridge may no t ha ve the same need fo r a s idewalk sale o n the same date that the fo lks at Yale and Broadwa y . • 0 I • 0 • • • Englewood Cit\ Counc il Jun e 5. 2000 · Page 10 .. ,,.... . • • - Mayor B um aid it ,eems th e language m the definiuo n 1s preny broad for almm,t an~ ~ind o f JdJu,tmrnt hke that. Mr. Cla)~O n aid they would rather ha ,e a broad pohc~ and not h,l\e 10 burden o unnl each vear \\llh ha, mg to d a resoluti o n. Coun ci l Member Bradshaw as ked l\lr. Clayton 1f he would hke 10 ,ee ··a, .1u1horized by Coun cil'" ddeted . Mr. C la yto n said they wo uld rat her have II say ··as authorized by Ci ty po lir~ ··. sinc-e C ounc il will ha , e 10 approve the po licy . M s. Bradshaw asked if that "as o ka y. l\l ayo r Burn , said he ha d no problem '"th 1h .11. and felt it wo uld actual ly be helpful. l\l s . Brad;ha w as ked if \\C \\Ould republish 11. City Ano rney Brot z man ad vised th at 1h1 s "ould co me bac k 10 Cou ncil o n ,econd reading a nd the, "''uld actually make a mo tio n to c hange ll at that umc . He s,ud he \\o uld make ,ure they ha,•e ahernatl\e langua ge . There were no further ques ti n; and there "J, no o ne d,e pre,ent 10 speJ ~ 10 the is;ue. COUNCIL MEMBER WOLOS\'N '.\10\TD. A:\D IT WAS 'ECO'.'IDED. TO CLOSE TIIE PUBLIC HEARING. A )'CS: Nays: Absent : Cou nc-11 '.\1ember, Brad s hJ\\. \V olo,) n. Yurch 1c-k . Grazuli,. Burn o ne Co unc il '.\!ember NJbh o ll. Garren The mori o n carried and th e publ1 hearing cki,ed . (c) COUNCIL l\lE:\IBER WOLOSYN :\10\"ED, AND IT W AS SECO'.'IDED. TO OPEN A PUBLIC HEARING TO GATHER INPUT ON COU'.'IC IL BILL NO. 40. APPR0\"1;1,G AN UPDATED CO~IPREHESSl\"E RIGHTS-OF-WAY QRDINA:"I C E. Coun,il '.\!ember,. Brad,ha\\. \\\,Jn,~n. Yurch1ck. CirJrnli,. Burn , No ne Ayes: J)S: Ab ;ent : ouncil '.\!e mbers Nahh o lz. Garren The moti o n c arri ed and the publit· hearing o pened . All persons givi ng te,um 11) \\ere dt1l) '"urn . Ken Ross. Direc t r o f Pu blic \V or~,. Jsked that Coun cil con 1der o un ii Bill Nn . .io. repealing Title I I. C hapters 3A. 3 8 and 3C. and Titk 12 . C hapte r .i, a nd creaung a new T11Je I I . C hapter 6 ent nl ed ··c11y Right s-Of-Way Perm its a nd Requirements". Th ,, pub li c heanng to ni ght ,s to all o w 1111ere,1ed partie, to give input o n th is proposed ordin ance . He offe red Proo f of P ubhcauon o f the j\;u u ce of Pu blic Hean ng 111 the Englewood He rald o n M ay I 9. 2000 . Mr. Ro ;; ,aid the o nl y 1eleco mmu111 cauo ns co mpany th a t ha, contacted him wi th their comm e nt s Jnd co ncerns 1s McLeodUSA. He said he rccei,ed a fax fr o m t hem on Fr iday with their conce rn,. and ,rnff "o uld like lO consid er the e . He s ubm ,ued a co py o f th e fax for the record . The purpose of th1> n ght -of-wa y o rdina nce. he ,aid. i;, to try 10 ,mke a balance be tween th e intere sts o f the teleco mmuni cau ons compani es a nd the City. Obvio usly. we need 10 provide an effic ient. safe tran spo rt ati o n ys tem that provides fo r the publi c 10 use fo r it int e nded purposes. fo r movin g from poi nt A to po int 8. There are a group o f ent,ues. he sa id . th at al;o de si re 10 use th e n ght -of-"ay. and "e need lO try to bal a nce the se tw o issues . The purpose of thi s o rdinance ,s to tr y to seek that balance. he sa id. and 10 meet the requirements that are placed upo n us by fed e ral and state )a\\S. Thi s e ffort has com e as part o f the te lecommunic ati o ns conso rt iu m. \\Ork ing wnh different e nt iues and the d iffe rent telecommuni cati o ns companies . They came up wi th a model ord inance . whi c h we modified to meet Englewood's s pecific concern s and that 1s what is be fo re Coun c il at thi s ume. he said . o un c d Member Brads ha w fell it was lo ng ov erdue. and he wa s g lad to see 11 . • I • 0 • • ~ ,,.... .. • I•,, .. • • ... Englewood City C o unc il June 5. 2000 Page 11 Mayor Burns said a 10 1 o f thi s 1s a prod uci of 1h e G re ater Metro Telecommunica1i o ns Co nsortium . wh o go1 together to draft a mo del o rdinance o n 1h1 . He agreed 1ha1 it wa s time 10 do this. He recalled 1ha1 M c Leod wanted to go ahead and we did no1 ha ve an o rdinance in place . so this is 1he produc t o f 1ha1. Council Member Wolosyn as ked about 1he n ern s o f lhe telecommunicatio ns companies . Mr. Ross sa id some of them are just clean up items. I make II mo re clear as to what o ur intent is. There were a couple f interesting ones. he said .. In o ur draft ord inance . we do no t charge degradatio n fee s 10 o ur Utilities Department, and they were asking if 1ha1 "as reall y fair. Our utilities are o u1 there d o ing wo rk. and they don't have to pay degradation fees. Thai 1s something that we need to cons ider as a taff. he fell. Ano ther one is bonding requirements. and. al . in thi s draft ordinance. there is a three-year warranty period . and they took issue with that. They want that to be a o ne-)ear warranty peri od , as that is what they commo n!) deal with . The last one that Mr. Ro ,s tho u ght \\as o f any merit was the issue with the bonding. They would like to sec that bonding requirement be reduced after the improvements are installed . and that 1s nm currently a part of the o rdinance . Basicall y. what they are sa ying is 1ha1 they post 1he bo nd for 1he ir construction requirements. the ma intenanc e requirements are nol as stiff as 1he co nstructi o n requiremeni.. so. therefore. the amo unt o f bond required ho uld be reduced . These are all valid things thal we p ro b ably ought to take a look at. he ;aid. Council Member W o losyn as ked if th ose kinds o f things change the o rdinance. Mr. Ross said yes. if s1aff agree s and wo uld like 10 see I hose change made . Mayo r Burns asked if he wo uld be co min g back with those changes next ume if they were thin gs he wanted 10 press. Mr. Ross said 1ha1 was correcl. C o uncil Member Yurchic k as ked if o ne year \\as a reasonable warranty peno d and if most dama ge "o ul d show up within a year. Mr. Ross aid most damage wo uld . He sa,d we saw 1ha1 o n Kenyo n . whe n Publi c Service Company did their s1ree1 cul. When yo u ge1 1he ty pe o f failure caused b y impro per compac11 n. i1 would normally show up. bul then some11m es II d oes n t. Al that point . th e City and the c itizens have 10 pay for those repairs. He suggested a comprom1 e o ft"o )Car . Council Member Bradshaw no ted 1he pro blem 1he) had last year wi1h Lo gan Street . and 1he repair they did thal was so poor. She fell thal when o ur c 11izens are pul in pav ing di stricts and they pay for their streets . and then we are 10 maintain them. parl o f 1ha1 maintenance i 10 assure them that any street c ut meets o ur specifications. Mr . Ross said that is what we are trying 10 d o b y putting s pecific requirements in thi s o rdinance . The other thing we have done with thi s ordinance is mandate that City crews would d o the patching. and we take a 10 1 of pride in our product. Obviou sly. we can no 1 cover the s ins o f contracto rs ,f the sub grade is no l compacted correctly. bu1 a1 least we are trying 10 1ake care o f 1ha1 end o f things . he said . Mayor Burns asked if there wa s an yone wh o wo uld like 10 addres council concerning thi s o rdinance. There was no o ne . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Aye s: Nays : Absent : C un c1I Members Bradshaw, W o losyn. Yurchick. Grazuli s. Burns o ne C o unci l Members Nabho lz. Garren The mo ti o n carried and the public hearing closed . (d ) COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED, TO OPEN A PUBLIC HEARING TO GATHER INPUT ON COUNCIL BILL NO. 47, REPEALING AND REENACTI NG SECTIONS OF THE ENGLEWOOD MUNICIPAL CODE PERTAINING TO ENGLEWOOD BASIC LOCAL EXCHANGE SERVICES BUS INESS AND OCCUPATION TAX. Ayes: C o unc il Members Bradshaw. Wolosyn. Yurchick, Grazulis, Burn Nay : No ne ' . ... • I • 0 • • -.. Eng le wood Cit y Coun c il June 5 . 2000 Pa ge 12 • The mo ti o n e arned and the pubhc heanng o pened . Ab sent : Council Members 'abh o lz. Garrell All per sons gt\ mg te ,um n were dul y wo rn . Frank Grygle" ,cz. Directo r of Admini strati ve Services. pro vided Proof o f Public ati o n o f N o tice o f Public Hearing. wh1 h appeared 111 the Engle"ood Herald o n May 19 . 2000. and advi sed that this is a public heanng to gathe r tn formau o n n the repeahng and reenact ing o f Title~-Chapter 5 o f the Englewoo d Muni ,pal C ode . urrentl y. fo r bas te local exchange services . the telepho ne services in Englewood . there is a flat fee . he said . Thi s o rdtnan ·e v.•111 make it a fee per line . changin g the way the tax ,s ca lculated . but no t the amo unt tn total. he ad, ised. Mayor Burn asked v.h) thi s "as re .:ommended . Mr. Gryglewi cz said thi s ac tuall y lowers the barrier to entry t ther firm comin g int the C it y o f Englewood . As the o rdtnance stand s no w, he said. if a firm were to come m . e ve n "tth o ne hne . it wo uld ha ve to pa y th e fl at S 160 .000.00 . If thi s is enacted. the y wo uld pay a per hne ta, as calculated . Mayo r Burns asked 1f there wa s an yo ne wh o wo uld like to add res Co un c il concerning thi s o rdinance. There was no o ne . COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO CLOSE THE Council Members Bradshaw. Wo losy n. Yurchi ck. Grazuli s. Burns None PUBLI C HEARING. Ayes: The mo tion carried and the public hearing clo sed . Nays: Absent: Council Members Nabho lz. Garrell I 0 . Consent Agenda COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), (ii), AND (iii) AND (b) (i) THROUGH (vi). (a) Approval of Ordinances o n First Readin g (i) COUNCLL BILL NO . 48. INTRODUC ED BY CO NCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 16 . C HAPTER 4 . SECT IONS 12 . 13 AND I~: AND CHAPTER 8. OF THE ENGLEWOOD MUNIC IPAL CODE PERTAIN ING TO TATTOO AND BODY P IERCING ESTABLISHMENTS AM.ENDMENTS TO THE ENGLEWOOD COMPREHEN S IV E ZONING ORDINANCE . SET A PUBLIC HEARING TO GATHER INPUT ON CO UN C IL BILL NO . 4 8 FOR JULY 3 . 2000. (ii ) COUNCLL BILL NO. 50. INTRODUCED BY COU NC [L MEMBER BRADSHAW A BILL FOR AN ORDINANCE REPEALING TITLE 5. CHAPTER 29. "SECONDHAND STORES" AND AMENDING TITLES, CHAPTER 15. SECTION 1. TO INCLUDE "SECONDHAND DEALERS": RENUMBERING TITLES , CHAPTER 29, SECTION 3 "SALE AND DISPLAY OF WEAPONS .. AND AMENDING TITLE 4, CHAPTER 4 . SECTION 2, ENTITLED "DEFINITIONS'' AND TITLE 4 . CHAPTER 4. SECTION 4 , SUBSECTION 3(8 ). ENTITLED ·'EXEMPT TAXPAYERS : GARAGE SALES", AMENDING TITLES . CHAPTER IS, TO IN CLUDE SECONDHAND DEALERS AND AMENDING TITLE 7 , CHAPTER 6C WITH THE ADDITION OF A NEW SECTION 5 ENT ITLED • 0 I • 0 • • • Englewood City Counci l June 5. 2000 Page 13 ,. • • -.. ··SALE AND DISPLAY OF WEAPONS"; AND AMENDING TITLE 7 . C HAPTER 6 (F). ECTION 6 WITH THE ADDITION OF A NEW SUBSECTION C. OF THE ENGLEWOOD MUNICIPAL CODE 19 5. (iii ) COL!NCIL BILL NO . 49 . INTROD UCED BY COUNC IL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AUTHORIZING AN I TERGOVERNl\1ENTAL AGREEMENT ENTITLED "18111 JUD ICIAL DISTRICT JUVENILE ASSESSMENT ENTER INTE RAG NC Y AGREEMENT' AUTHORIZING ALL AG ENCIE PARTI C IP ATING IN TIIE J VEN IL E ASSESSMENT CENTE R TO PROVIDE A.'ID S HAR E INFO RMATION WITH E . .\C H OT HER CONCERNING J UVEN ILES WH O PARTICIPATE IN THE ASSESSMENT AJ\:D INT ER\'E'.'IT IOi\ PROCESSES CONDUCTED BY THE J VENILE AS ES ME T CENTER . (b) Appr val o f Ordinances o n Sec o nd Readin g (1) ORDINANCE NO . 36. ERIES OF 2000 (COUNCIL BILL NO . 30. INTROD UCED BY COUNC IL MEMBER BR . .\DSHAW) AN ORDINANCE AMENDING TITLE 16 . CHAPTER 4 . SECTION 19 A 'D C HAPTER 8. SEC TIO N I. OF THE ENGLEWOOD M UN ICIPAL CODE 19 5 . PERTAINING TO THE ENGLEW OOD S IGN CODE . (i1 ) ORDINANCE NO . 37. SERIES OF 2000 (C O 'C IL BILL NO . 34. INTRODUCED BY CO . 'C IL MEMBER GARRETT) AN ORDINANCE ADOPTING THE RECODIFICATIO OF THE "EN G LEWOOD l\I UNI C IP ,\L CODE 2000" INCORPORATING THEREIN THE GE ERAL ORDINA 'CES OF THE C ITY OF ENGLEWOOD. COLORADO IN CLUDING CODES ADOPTED BY REFERE 'CE : PROVIDI , G FOR PENAL TIES FOR VIOLA TIO. OF THE PROVISIONS OF AID ODE A..._D SETTIK G FORTH Tl IE PENALTIES PROVIDED FOR I'.'I SAID CODE: AND PRO\'IDING FOR TH E EFFECTIVE DATE OF SAID CODE . (111 ) O RDINANCE NO . 38. SERIES OF '.!000 (COUNC IL BILL NO . 4 I . INTRODUCED BY COUNC IL MEMBER GARRETT) AN ORDINA E APPROVING AND AUTHORIZI G THE EXEC TION OF INTERGOVERNM ENTAL SUBGRANTEE AGREEMENTS FOR THE 2000 ARAPAHOE COUNTY COM M UN ITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF CO NTY COM!\IIS IONERS AND THE C ITY OF ENGLEWOOD . (1v ) ORDINANCE '0 . 39. SERIES OF 2000 (CO NCIL BILL NO. 42 . INTRODUCED BY O NCIL MEMBER GARRETT) AN ORDINANCE APPRO I 'G AND AUTHORIZING TI-lE EXEC TION OF INTERGOVERNMENTAL SUBGRANTEE AGREEMENTS FOR THE 2000 ARAPAHOE CO NTY COMMUNITY DEVELOPME T BLOCK GRANT PROGRAM BETWEEN THE ENGLEWOOD HOUSING AUTHORITY AND THE CITY OF ENGLEWOOD. (v) ORDINANCE NO . 40. SERIES OF 2000 (COUNCIL BILL NO. 45 , INTRODUCED BY COUNCIL MEMBER GARRETT) • I ) I • 0 • • • Englewood City Council June 5 , 2000 Page 14 .. ... • • - AN ORDINANCE APPROVING SUPPLEME T NO . 1.i6 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCL ION OF LAND WITHIN TH.E DISTRICT BOUNDARrES . ( i) INTROD UCE D BY CO ORDINANCE NO . .i 1. SER IES OF 2000 (COUNC IL BLLL NO . 4 6. C LL MEMBER GARRETT) AN ORDINANCE APPRO VING SUPPLEMENT NO . 1-i ? TO THE SOUTHGATE SANITAT ION DISTRICT CONNECTOR'S AGREEMENT FOR THE IN C L US ION OF LAND WITHIN TH E DISTRICT BOUNDARIES . Vote results: Aye s: Nays : Ab sent : The motion earned . Council Members Brad shaw. Wo losyn. Yurc hick . Grazuli,. Burn, None Council Members Nabholz. Garrett (c) Re soluti o ns and Moti o ns COUNCIL MEMBER YURCHICK REMOVED ITEM 10 (c) (iii ) FROM THE CONSENT AGENDA. COUNCIL MEMBER YURCHICK MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i) AND (ii ). (i) RESOL T ION NO . 49 , SERIES OF ~000 A RESOLUTION IN WHICH THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO HEREBY CASTS ITS El\-tPLOYER 'S VOTE lN FAVOR OF THE FIRE /\.!"ID PO LI CE PENSION ASSOCIATION'S (F .P.P.A.'S) PROPOSED AMENDMENT . (i1 ) RESOLUTION NO . 50 , SERIES OF 2000 A RESOLUTION DESIGNATING THE BULLETIN BOARD ON THE FIR T FLOOR LOBBY OF ENGLEWOOD CIVIC CENTER AS THE OFFICIAL POSTING PL ACE FOR ALL P BLI C l'sOTI ES OF THE CITY OF ENGLEWOOD. Vote results: Aye s: Nays: Absent : The moti on carried . Counc il Members Brad s haw . Wo losyn. Yurc hick. G razu h s. Burm, None Council Members Nabh o lz, Garrett (iii ) Divi sio n Chief Moore prese nted a re commend ation fro m the Department o f Safety Services to approve Englewood 's participation in the Communities fo r Safer Gun s Coa liti o n. Council Member Yurch ic k sai d he was not familiar with thi s and d id no t remember receivi ng anything abo ut it. He said he wo uld like to hear some inpu t fr o m the po li ce o fficers them elves. They c hoose their weapons fo r protecti o n and limitin g th em to o ne manufacturer and creatin g a mo no po ly ma y not be in their best intere st. he said . C hief Moo re aid . the wa y he reads th is. Smith and We sso n is j ust the fir st , no t the o nl y one . that will be encompassed in thi s. Eventually, he felt. the plan is for all gun manufacturer s to bu y int o thi s principle . 0 I • 0 • • • Englewood Ci ty Council June 5, 2000 Page 15 •,, ,,-. • • -... Counci l Member Yurchick asked Chief Moore to exp lain 1hc principle . Chief Moo re said the princ,plc ,s 1c, manufacture the weapons with certain intern al and exte rn al sa fetie s th at wo uld enable them to be s1orcd and maintained more afel y. There are also other tec hn ic al. futuri sti c kind s of te chno logies that co uld be built int o the gun. the oretica ll y. such as wa ys to se nse the print s of the individual holdin g it. Chief Moo re sa id . eventually . we will see gun manufa cturer s aro und the world building the se kind s of te chn ologies im o 1he 1r gun s. Thi s is an anempl 10 enc oura ge that and 10 speed it up. he said . Mayor Burns said this re ce ived a fair amount of nati o nal press recently . that Smith and We,so n had agreed to enter into the se agreement s. It wa s quite a landm ark s1ep for a manufacturer . he re call ed . Co uncil Member Yurchi ck asked 1fthi s would require them 10 bu y Smi1h and We so n. Chiefl\to.,re ,a,d no . Co uncil Member Wo losy n sa,d there wa s als o an ex cep uon clause for law en fo rcc menl and mil ,iary . Co unc il Member Brad shaw sa id the moti o n is j ust to joi n Communiue s fo r afe r Gun s. Chief Moore ;,a id that is correct. we support them on pnnc1pl e. COUNCIL MEMBER WOLOSYN MOVED, ANO IT WAS SECONDED, TO APPROVE AGENDA ITEM IO (c) (iii). Aye,: Na ys : Absent : The mouo n carried . I I . Rrgular Agenda Co unc il Member s Brad sha w. Wolo;,y n. Yur chi ck. G razu li s. Burn s None Co un cil Members Nabh o lz. Garren (a ) Approval of Ordinances on First Reading . (i) Ass istant Ci ty Anorne y Reid pre sented a rec ommendati o n fr om the City Anorne y·s Offi ce to adopt a bill fo r an ordinan ce auth ori zing a Ri ght s-o f-Way se Agreement w11h Metn co m. Incorporated . Thi s is an ordinan ce for the right -o f-way u e agreement with a company ca lled Metn co m. Their product is the Ri coc het. she sa id . remindin g Coun cil that Ken Fe llman. wh o ha s done so me work f, r th e Ci ty An orne y's office . di sc u sed thi previ o usly wnh Co un cil. She al so noted tha1 Larr i Beer. the go vernment relati ons repre sentative fo r Metric om. wa s on the audience 1f Co un ci l had any questi ons for him. Cou nc il Member Brad shaw asked if th is wa s fo r nine yea rs with three five year renewal o pti on,. Ms. Re id said yes . Thi s is an other one o f th os e agreemen1 s. she sa id . as Mr . Fellma n expla in ed . that has al so been for the telecommuni ca ti ons co nso rtium . and th er~ ,s a mos t fav ored muni ci pal11 y sec tio n in 11 . so 1f an yo ne gets a beller deal , we get to loo k at ii again . Mayor Burns said thi s wa s di sc ussed so mewhat with Mr. Fellman when he was here la st time. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO . .&4 ON FIRST READING. COUNCIL BILL NO . 44 . INTROD UCED BY COUNCIL MEMBER BRADSHAW A Bl.LL FOR AN ORDINANCE AUTHORIZING ENTERING INTO A "RIGHT-OF -WAY USE AGREEMENT" BETWEEN THE CITY OF ENGLE WOOD . COLORADO AND METRICOM . INC. Vote results: Aye s : Council Members Bradshaw. Wolosyn. Yurchi ck . Grazulis. Burn 0 I • 0 • • -• Englewood Ci ty Council June 5 . 2000 Page 16 Nays: Absent : The mo ti o n carried . . . .. ,,-. • • - No ne Co uncil Members abh olz . Garrett {b) Approval o f Ordinance o n Seco nd Read ing . There were no additional item s submmed fo r approva l o n seco nd read in g. (See Age nda Item 10 -Conse nt Agenda .) (c) Re so lut io ns and Moti o ns There were no additt o nal re;o luti o ns o r mo ti ons submitt ed for app roval. (See Agenda Item 10 -Co nsent Agenda .) 12 . General DiSl'ussion (a ) Ma yo r ·s C ho ice . (i) Mayor Burns bro ught fo rward the co un ci l bill regarding the Mile Hi gh Co mpJc:t that Bill Vidal discussed wuh Co un ii at the Study Ses ion. Co un ci l Member Brad ·haw :t ked 1f there was any cos t to th e Cny o n thi s. Mayo r Burn s ·aid no . he did mll think so. Mayor Burn s said he wo uld like to introduce thi s ne , as it stemmed o riginall y fr o m the ~let ro Ma )O rs· Ca ucus. and then the Den ve r Regiona l Coun ci l of Go vernment s vo lunt eered to help coordinate the di sc uss ion and form a group 10 wo rk 1h1 s o ver with mayo rs and other DR COG boa rd members and othe r members o f the co mmunll). It" a ;1gniti cant . tep. he o pined . becau se 11 1s a vo luntary agreement to do something about gro \\th control. E,erythm g that we have been he aring m the pre s. aft er the le g1>lat ure . was that we were do in g no thing o n gro wth cont ro l. he ,aid . and thi s 1s a maJ r stat e ment from c 111c, and counties to agree on gro wth co nt ro l mea ure . He aid he , ery mu ch support, th 1>. The Deputy Cny C lerl read th e co un ci l bill by titl e . CO NC LL BILL NO . 5~. I TRODUCE D BY MAYOR BUR S AN ORDI ANCE APPROVING MILE HIGH COMPACT AMO. G C IT!ES AND CO NTI E O RGANIZED NDER AND EX ISTING BY VIRTUE OF THE LAWS OF TH E ST AT E OF COLORADO . MAYOR BURNS MOVED , AND IT WAS SECONDED, TO APPROVE COUNCIL BILL NO. 52 ON FIRST READING . Ayes : ay s: Ab ent : The mouon carr ie d . Coun ci l Members Brad haw . Wo losyn. Yurch1c l . GrJzuh,. Burn , No ne Council Members Nabh olz. Garrett (i1) Mayo r Burn s thanked Council Members Garrett and Grazuli fo r Jo urnc )mg 1 La Vegas fo r the ICSC co nference , and for their report . It was good 10 hear that "e had a po 111 ve result , he ,aid. add in g that we ha ve been waiting for some rime for that. We will be taking that up a, "ego. he aid . (iii ) Mayor Burn s said Council has a li st o f the mov e thi s week fo r th e C u y, whi ch 1s o ns1derable . The sc heduling is some thing else , he sa id, and there sh uld be me s leep y-e yed pe o ple ., a I • 0 ·] • • • I·• •,, ,. --· • • - Eng lewood C it y Co uncil June 5. 2000 Page 17 wa lking around after thi s mo ve . He thanked A s, tant C 1t y Manage r F laherti a nd all o f th e 1110 ,e committees for all the "a rk they ha ve do ne on th is . as it ,s quite an o peratio n . (iv) Ma yo r Burns said he attended the Trans Alliance brea~fas 1 Fn day with Pa ul Weyri c h as the speaker. Mr. Weyrich has written an article recently that \\JS very fa,·o rable to the Southwest Corrido r Light Ra il and our devel o pment. He is kn O\\n th rough o ut th e country as qui te a ,o,re of conservatis m , he sai d . bu t he is an extremel y strong supporter o f tran si t. He ha s some e ,ccllent arguments that he makes in th at regard . and he was o n the Mike R sen sho w Fnday mo rnin g fo r a cou ple of ho urs and it is reall y so mething to hear thi s guy, he said . He ha s twent v-fi ,·e to thirt y years of \\Ork o n conservative causes, has started seve ra l think tanks and is very well kn o wn aro und the country in the conservative area . Mayor Burn s sa id Mr. We yric h admitted that mos t o f the peo ple in th e room "ere no t o f his politi cal persuasio n. but he was ri ght in step with everyone o n tra ns it. so th at \\JS reall) ni c e to hem . (v) Ma yo r Burns said he wa lk ed Broadway a couple o f lime , la ,t \\Cd. ta lkin g to merchants and seeing ho w thing s were go ing on the South Broadway Ac t io n Plan . So me o f them were a liule concerned abo ut it. he allowed . but a ll in all he felt it was going preny well a nd ,s go ing pretty fa t. We were to ld o nce that compan y started co nstruc tio n. they moved pretty qui c kly. and the y have . he sa id . Ma yor Burns said he spo ke with Steve Fine r at th e Army and Nav y Surplus S to re . who o wn s that entire corner except fo r Ri co ·s . a nd he wo uld like to bri ng a plan to th e C it y for red o 111g that wh o le area th e re . so that could be prelly exciting as a Broadway devel o pment. (vi) Mayo r Burns said he wo uld lik e to recognize that thi s was th e la ,t Ci ty Counc il meeting that would occur in thi s building. after thirt y-five yea rs . Thi s pre-dates Ci nderella Ci ty. he s aid . so it is really a new era that we a rc entering int o. He aid he would perso nall y lik e to th a nk all th e c it y counci ls and mayors , the boa rd a nd co mmi ss ion members and staff who ha ve wo rked in thi s building o er all that time. Mayor Burns said he goes ba c k to 1973 when he started with the Hous ing Authority when it wa s located in this buildin g and we had a hal f-11me staff person and that wa s all we had . It ha s been a lo ng time and there is a certain amount o f no,talg,a le aving the buildin g . Once again . yo u ma y ha ve noti ced. \\C had to crank up the I-IV A s ys tem to nig ht. becau e he was about to croak up here with no a ir mo vi ng ,n the room . We have had man y comme nt s o n ho" t ugh tt is to hear in thi s c hamber, so he sai d he was loo~ing forward to the beautiful new chambe r. Our fi rst mee tin g will be o n June 26'h. he ad vised . but there "1 11 be board and commi ssio n int.er v1e ws n th e 19 "'. so we wi ll make use of the ne w building before ur fir st meeting. It is continuin g to be a pleasure to serve with the members o f thi s coun c il. a nd we a ll loo k forward to moving to the ne w building. as it w,11 be so mething s pecial. he s aid . C ity Manager Sears ,a,d Council ha next Mond ay off, except fo r the 4 :00 p .m. ribbo n c utt ing. Ma yor Burns sa id it ,s go ing to be quite a week fo r eve ryo ne and it is hi s pl easure to participate in a ll f thai. (b) C o un c il Members· C ho ice . (i) Coun c il Member Brad s haw : I . S he said we probabl y would not be at thi s stage ,f Council had no t worked so cl ose ly toge th er with staff. She thanked her fell ow Co unc il mem be rs as we ll as staff. e ve n Director Gryglewicz. s he joked. Mayor Burns said he does a great job. to whic h Ms. Brad shaw agreed. She said s he reall y just wa nted to as k Mr. Gryg lewi cz about the report the y received fo r April 4"' to A pril 30'h in which s he noti ced that we have some in vestments in T -bill s . She sai d she kn o ws we are not s upposed to switc h investment strategies , but T -bill s did not do well at all durin g that time. D irector Gryglewicz re s po nd ed th at we c hange o ur str ateg y with the market. so yo u will see us mo vin g in a nd o ut of different investments . But fo r the most part , we invest in tre as urie s or high grade commercia l paper. so we do not move o ut of the reall y hig h grade. short term investments ve ry much . Our number one concern is protecting our princi pal. he advise d , and mainta ining liquidity, because we want to make sure th e mo ney is there . We ma y not earn as mu ch. but we kn o w it will be there . • ., • I ) I • 0 l • • -• Engl e wood C it y Council June 5. 2000 Pa ge I 8 ,,,-·· • • -... Ms. Bradshaw said o ka y. so it is mu c h more conserva ti ve . Mr. Gryglewic z s aid yes. it is a very co nservati ve approac h . 2. She said a ci tizen called he r abo ut an e vent that happened ,n the 4 800 bl oc k o f So uth Che ro kee Street last Tuesday night. Thi s I just north o f Sinc lair Middle Sc hool and dead ends into Sinclair. The caller's son wa s visiting fr o m out o f to wn and re e iv ed a tt c ket fo r parking o n the sidewalk and th ey \\ere sitting in the fr o nt yard talkin g. The o ffi cer c ame up and just wro te a ticket . she said . Ms . Bradshaw felt a good public relati o ns step wo uld have been to a sk if the vehicle belo nged to an yo ne there. and a;,k th e m to mo ve it off the s idewalk . The o ther thing is the ~800 bl oc k o f So uth C he rokee 1s no t what she wo uld call a high tra veled road. but a de sttnat1 o n road . She aid she wo uld like to remind the fo lk s iss uin g ti cke ts th at yes. tickets help us enforce the la"> we enac t. and she appreci ate s the effo rt s they make . but lei's u e so me co mmo n sense. 3. M s. Brad s ha" said Ke vin . o n Uni on Avenue , c alled because o f all th e car re pairs go ing o n and the squealing o f wheel s o n Uni o n Av enue o ver there by Centenni a l Park . There 1s st,JI quue a b it o t ac tJ\ Hy over there and apparentl y he wa s to ld that Code Enfo rcement doe not wo rk o n weekend ,. Sh e sa ,d he th ought the y d id . C uy Mana ger e ars felt we had c han ged that. Divi sion Chief Moore sa id c urrentl y the y are wo rkin g 0 11 Sa turda y but n t o n unda y until we return to full staff. Counc il Member Brads ha w said o kay . but asked if there wa s an y way we could get a re po rt on th e d1fk rent code en fo rcement acti vitte s that we have done over there. as for as thi s c ar repair pla e that o perat e, o n Saturdays . C hief l\foo re said certainl y. Ms. Bradshaw s aid she felt we really ne ed to fo li o " up o n weekends. becau e that seem s to be when the activitie s occur. ~-She said the last item was . o n her too short trip to Ireland fo r fift een da ys. ,twas qu11e a n experience dri vmg o n the left hand side o f the road with the steerin g \\heel o n the ri ght hand ,,de of th e CJr She said she .ame to apprec iate roundabouts . bec au se the y give yo u a ,econd chance ,f yo u m1>;, It th e fir,1 time go mg around . We are Joo kmg at putting a roundabo ut at En gle\\Ood Park\\a y. and tt mak e )OU a more rnurte u;, drn er . and mo re awa re o f what is go ing o n . She th o ught tt \\Oul d be a lo t easier 1f 1he tra ffic "as rnm1n g fro m her left . but tn Ireland . e ven the times t nllages ha ,e a little dot th at th e car h.l\e 10 go aro und. th at 1s th ei r ro undabout. It really i a good way to deal \\Ith hi gh traffi c areas . ,he ,aid . (b) C o un c tl Member Grazuli s : I. She sa id . la st aturday. s he attended a work sho p fo r o ur Englewood Hi sto ri c al Soc1e t~. w11h u,e o f fa c ,Jitators . It wa s fo r o ur Soc iet y and which directi o ns we were go ing to look int o. between the So,1e1y and the hi sto ri cal buildtngs with in Englewood . It wa quite in fo rmau ve and it 1s n t go in g to be our last one . We are go in g to keep ha vmg them until December, so she j ust wanted to sa y that it wa s re all y q uu e a work sho p . '.!. She said it wa s reall y beneficial that she went to the JCSC conferenc e. She said she had had co ncern s. and her report wo uld be fo ll o wing very shortl y, but she felt it wa s very benefi c ial th at the} had attended . 3. Thi s Friday and Saturday. between 9 :00 a .m. and 3:00 p .m., will be our Depot garage a le . ;he said . If anyo ne has an ything to donate. she asked that they give her a call . Thi s is not just to gather all the mone y to do the projects with , because we wo uld ha ve to have these every week. but are mostl y for publi c relatio ns . so that we keep getting our name out . Peo ple will have a chance to go th rough the Depo t. because it will be open at that time . she said . (c) C o unc il Member Yurchick : • I • 0 • • Englewood City Council June 5. 2000 Page 19 1· .. ~. --. • • -' I . He said he had a r un dabout story . This 1s Americ a. w he re we d o no t understand th em . He sa id he was over in Lake-.ood the othe r day and wat c hed a lad y make a left turn and make it a two-way roundabout. 2 . He said he was looking at the la st Eng le\\Ood ac 11 vi1ies catalo g. and JUS! \\anted 10 sav that. in the seven years he has lived in Engle\\ood. he thinks Direct o r Black ha s reall y co me a lo ng way wi th the programs they are offeri ng. He sai d he feel he has really d o ne a g re at j o b" ith that ac1 i, ity c hcdule. City Manager Sears sai d he wo uld re lay that 10 him . (d ) Council Member Wo lo yn : I . She said she was glad that C o un 11 1',lem ber Grazulis wem al o ng . She fe lt fo r thing like th at 111 good to ha ve (\\O C o un cil pe pie . She aid she Io ,ed Co uncil !',!e mber Garren·s repo rt. and ;he th .in~cd him for it. but she is looking fo rnard to l',l s . Grazul,s · re port. C it y Manager Sears aid Co unc il reall) added a lot o f va lue to that. 2 . She th anked C H) Manager eJr;, fo r pu shing the thing abo ut l',l artin Luther Is in g. J nJ !>J\ln g thJ! it is nm to tally o ff the table . She s:11d . fo r her . 11 1s no t really an 1s,uc o f compensati o n. and ma)bc 11 11 comes d o \\n to rhe fac t that \\Care no 1 go in g 10 hJ,e a da) o ff. ma)be there 1s so methin g e bc 1hc Cl!) cJn d o . She felt it was mo re an idea frecogm zin g someo ne "ho reall y c o nmbured 10 the rnem 1c th centur) C it y Manager Sears said the y ha,e rai,ed th at to the emplo yees a nd "e s in cere !, wam h > d e,e lnp a "a' h> recognize Martin Luther King \\'e ha\e a number o f empl o yee, who al read. take the dJ) o l l and JU I u,e their o wn time . Ms. Wo losyn s a id maybe d in g , mc thing there I bener th a n having a day o ff. Mr e a r ;aid "e Jte 1u ,1 trying to pus h the hmttS as to "hJt "e ·a n do . and "e "'II co me back 10 th at. Ms . W o l<»~n ,.11d ,he thin , o f the kid s, and feel s it ,; o mething \\e need 10 pa, o n. 3. She said Public W o rk, Dire t0 r R ss s poke \\llh Hal Dwyer. th ro ugh her. a bout ;,o und bJ m cr, o utside o f Kent Village o n .S . '.! 5 . She said Mr. Dwyer dtd call her and he was very 1mpre sed "11h lhc time and the th oroughness and asked her 1f she \\Ould mind bringing rhe staff re co mme nd a11 u 1110 ounc,I", attenti o n . It says '"the CH) o f Engle"ood ho uld establish no ise attenuation criteria and a pro ce;,, ro r c itizens to request Ci ty part1 c 1pa11 o n for the co 1:· She said Coun d l co ul d read the re;,t for rhem;ehc,. he sa id Mr. Dwye r understand s th at thi s , nm so me1h111g that \\I ll happen right a\\ay. but he wo uld apprcciJ tc o ur consi deratio n o f thi s reco mmendauo n. 13 . City Manager's Report (a) C 11 y M anager Sears reminded e eryo ne th at tomo rro w. at 3 :00 p .m. at the Allen Filte r Plant. there would be a ded1ca11on o f th e ne w plant. He said ,f they c o uld come . it "o uld be exc 11ing to cc that in o peratio n. While there still need to be some addit io nal work d o ne o n th e distributio n system. he allowed. he felt the quality o f th e water had greatly improved as a re s ull of what ha s go ne o n. (b ) City Manager Sears said next Mo nday at 4 :00 p .m. is the ribbo n c uttin g at the new C1 v1c Center. It is an exciting time fo r everyo ne . he sai d. and e xpre ssed a ppreciati o n fo r C o un cil"s suppo rt and pa1ience in terms o f going th ro ug h the issues that ha ve been o ut there . He said sta ff has worked extremel y hard . He said he could no t give enough c redit 10 Assistant City Manager Flaherty and the Public W o rks peo ple fo r making rhi s happen . It would be ni ce if we had another couple of weeks to move in. but "e are makmg it happen thi s weekend . due to the Move Co mmittee and rh e work of all the emplo yees . • .. ) I • 0 • • -• Englewood Ci 1y Coun ci l June 5. 2000 Page 20 •,.1 ,,.-·· • ., • • .. ( ·J W i1 h regard 10 Co unci l Member Yurc hi c k ·s earlier commem a bou1 D1rec1 o r Bl ack. u y Manager Sears said E nglewood Golf C o urse is li s1ed independemly as 1he number o ne bargain course. ngh1 o ff the ln1erne1. so tha1 is a real plus fo r !he communi1 y. (d ) Ci 1_ Manager Sears said a n ln fo rmaii o n Techn o logy M anager has been hired . He 1> fr o m !h e s1a1e o f Washingio n. and plans 10 s1ar1 wo rk o n Jul y 12 "'. We will be coming back 10 C o un,·,t a11he ne x1 mee11ng 10 define 1h a 1 depanment d ifferen1J y because 1h a1 1s 1h e marke 1 tha1 is o u1 !here . He said he 1s re a ll y ve ry posi ti ve abo ut thi s person comin g. He has been lh o ro ughl y reviewed b y Human Re o urc es and he feel s everyo ne who p anic ipa1ed was very impressed wi1h 1he individual. Mr. Sears fe ll he \\Ould ma,e a real difference wi1h 1he IT iss ues. which will be gre:ll fo r the Ci 1y. He sa id ii is an interesting lime. and everyo ne wh o call s us wo n ·1 be comple 1el y happy wuh o ne 1h111g or another. so he invued Co un ci l 10 feel free 10 appri se him o f 1h e iss ues a nd he will try 10 provi de a, much information possible. 14 . Cit,· Altorney's Report (a) Ci 1y Au o rney Brotzman req ues ied perm iss io n 10 e nle a case in U.S. D1>1n,·t n un concerning Tim Atc hi son . in 1he amo unt o f $55 .000.00. Mayo r Burns commented tha1 !h is was di scussed in Execu!J\e Session. COUNC IL MEMBER BRA OSHA W MOVED. ANO IT WAS SECONDED, TO SETTLE U~ITEO STATES DISTRICT COURT CASE NO. 99 B 1580-TII\I ATCHISON , FOR sss,000.00. Ayes : Counci l Members Bradsha w. Wo lo,yn. Y urc h1 c k. Grazuh,. Burn, Nays: No ne Absen1 · Counci l Member Nab ho lz. Garren The mo 11 o n c arried . ••••• Mayor Burn >a id he \\Ou ld be remi ss 1f he did nm !ha nk !he c 111 ze ns o f E nglewood fo r all 1he lime and effo n they pu1 in 10 the acti vi1ie s 1ha1 have go ne o n in 1h1 s bui ld ing. es pecially wi1h regard 10 1he ceni e r •nd all the public mee1ing s they ancnded and fo r all 1he inpu1. He thanked !hem e s pecially fo r 1he ir pa11en ce a, we ha ve go ne th rough th is project o ver !he pas! several years. He said he could no t thank them eno ugh fo r all that and expressed h is ho pe tha1 we will have a Im o f service s 10 o ffer them. 15 . Adjournment MAYOR BURNS MOVED TO ADJOURN. The meei in g adjo urned a1 9 :20 p .m . • '>. 0 I • 0 • • -. • ~ . .-... • ), ·~ • • .. PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS DATE: June 26, 2000 ' .. NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC bc1,V ~ 1\d /\ bi 4N -p,t,f ) f5 tu~ • . ' I· 0 • .. • -l•. .. .. ' ·-• . • I -.. .. F. B. "'<> Z \ ( 'l·J" '-~ (' ( ) . Complete Computerized Accounting and Tax Service May 17 , 2000 To: City of Englewood Sales Tax Division From: Gothic Ventures LLC D.b.a. Gothic Theatre Re: Excessive Taxation ~ Live Musical Costs Tickets Sold Tax June99 1000 675 20 July99 8951 17194 516 August 99 57151 16878 501 Sept. 99 74455 29955 899 Oct. 99 54291 29928 898 Nov. 99 34798 15189 456 Dec.99 30030 53892 1617 Jan.00 20947 9788 294 Feb.00 31465 36005 1080 Mar.00 56271 38952 1169 April 00 541 IO 22452 674 • I . 0 7625 W. 5th Ave. , 101 E. l.aewoocl. CO 80226 (303) 238-7930 • • • -. -·· • ' . .. ,, • - CITY OF ENGLEWOOD AGENDA ITEM 9 (a) PUBLIC HEARING ROSTER DATE: June 26, 2000 PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL ... TO GATHER CITIZEN INPUT ON COUNCIL BILL NO. 33, APPROVING THE HAwntOAN SUffES PLANNED DEVELOPMENT PLEASE PRINT NAME ADDRESS ·-·--- • f 0 I· 0 - • • -. • • - COUNCIL COMMUNICATION Date June 26, 2000 Agenda Item Subject Hawthorn Suites Hotel Ltd . Planned Unit Development 9a INITIATED BY STAFF SOURCE Community Development Tricia Langon , Planner PREVIOUS COUNCIL ACTION On May 15, 2000 Council conducted a Public Hearing on the proposed Hawthorn Suites Ltd . Hotel Planned Unit Development. Council continued the Public Hearing to June 5. 2000 and requested that staff evaluate financial proposals presented by the applicant. On that date staff requested a further continuance in order to complete the review and analysis . The Public Hearing was continued to June 26. 2000. RECOMMENDED ACTION Staff recommends that Council separate the requested financial incentive issue from the PUD land use decision and consider th is request in two parts : 1) land use and 2) financ ial incentive . To that end, staff recommends that Council approve the PUD rezoning for the Hawthorn Suites Ltd . Hotel and that any decision on the requested incentives be tabled . Decision Alternatives Four decision alternatives are available as shown in the matrix below : Alternatives Decisions #1 #2 I #3 #4 Land Use PUD Deny Deny I Approve Approve Financial Incentives Deny Approve I Deny Approve Under Alternatives #1 and #2 the Planned Unit Development land use is denied and therefore consideration of the incentive issue is unnecessary . In Alternative #3 the Planned Unit Development land use is approved without any incentive . Alternative #4 approves both the PUD and financial incentive . Financial incentive options include: A. Table financial incentive decision until the applicant secures a private financial lending package . Staff believes that no reasonable incentive decision can be made at this time since adequate funding commitment information has not been provided to justify incentives . It appears that hotel financing is not in place . It also appears that since development costs on this constrained site exceed projected income, the applicant intends to use City money to leverage a financial package . improve the development's bottom line, and produce a positive cash flow . B . Approve financial incentives . Impacts and staff recommendations of the requested Hawthorn Suites Ltd . Hotel incentive are discussed below : • .. I • 0 • • • • • - -+ Sales Tax Rebate : Th is sets a precedent for any development to request a rebate . The applicant's request appears to be based on a need to close a fund ing gap . improve the bottom line and leverage financing . Recommendation : Deny. -+ Use Tax Waiver : Although a hote l would serve the community and add j obs , the benefit does not warrant an incent iv e equa l to the First Data /Omn i package that brought 500 jobs and associated sp in-off dollars to the City . Recommendation : Deny . -+ Water and Sewer Fee Waiver : This issue is the doma in of the Water and Sewer Board and should be addressed there . Recommendation: Refer to Water and Sewer Board . -+ Lodger's Tax Rebate : No precedent for th is type of rebate ex ists . Because it is limited to this particular land use, it may be reasonable that this would be the most likely public incentive to offer regardless of hav in g complete private funding commitments at this time . Recommendation : Approve rebate of between 2 and 5 years . The 2 year rebate amount of approximately $44 ,000 is similar to that offered prev iously in the First Date/Omn i package . BACKGROUND At Public Hearing, staff and the applicant presented details on a proposal to rezone from R-3 High Density Residence District to Planned Un it Deve lopment for the purpose of constructing a 52-room extended stay hotel. During testimony , applicant Michael Plante rev iewed financial barriers to the PUD project and suggested financial strateg ies to make the hotel a reality . Mr . Plante stated that the Hawthorn Suites Ltd . Hote l's construction cost is $72,000 per room as compared to the industry standard of $68 .000 per room , leav ing a gap of approximately $4 ,000 per room. Generally, hotel construct ion costs pe r room depend on the market and are driven by location, room count, and type of facility plus gene ral construction and infrastructure costs . PKF, a hotel industry consulting firm , rev iewed the general information on the proposed PUD and determined that $68,000 appears to be a reasonable est imate of per room costs for a Hawthorn Suites Ltd . Hotel in Englewood . Mr. Plante requested that Council consider the fo ll owing : Waive Water and Sewer Assessment Fees , Waive Use Tax on Materials , Abate sales tax over 5 years , and Abate lodger's tax over 15 years . Council directed staff to research the following issues : 1. Other developments that may have received City subsides and /or incentives , 2. Financial impacts of suggested strategies , 3 . Comparison of hotel studies (1997 Market Demand for a Downtown Hotel in Englewood , Colorado , by Clarion Assoc iates and 2000 Summary Appraisal Report by Hospitality Real Estate Counselors , Inc .), 4 . Whether the 1997 Clarion study predicted financial need by a developer, 5. Confirm hotel industry cash flow standard of 10.5% for 11 years , 6 . Confirm estimated financial figures in applicant's proposal , and 2 .. I • 0 - • • ,. --. • • - 7 . Legal interpretation on suggested strategies . ANALYSIS Each of the identified issues is discussed below . 1. City Incentives provided to other developments ... ' The City does not have a formal financial incentive policy . Financial incentives options include : tax rebate, fee waiver, or other negotiated agreement. No incentives have been granted to the three existing PUDs in the City . No use taxes or building permits fees were waived on either the Civic Center or the Trammel Crow Residential projects in the Englewood CityCenter PUD . Specifically: Sales Tax: The City has never rebated sales tax . Lodger's Tax : The City has never rebated lodger's tax . The tax (2% of room rate) is collected from all hotels and motels in the City and is particular to this land use . Water and sewer assessment fees : The Utility Department has never waived water and sewer assessment fees . Loss of revenue created by waiving fees for one user would have to be made up by all other users (See Exhibit 1 ). Building Permit fees : Building permit fees have never been waived for private development. By Ordinance, fees may be waived for City-owned buildings (See Exhibit 2). Staff identified two previous City provided incentive packages: • In 1997, the City agreed to rebate $26,250 in use tax to First Data Corporation when they relocated to 750 West Hampden Avenue, bringing 500 jobs to the City (Resolution 50, 1997). As of this date, First Data has not yet made formal request for the rebate and no payment has been made by the City. The City also rebated use tax on building materials ($8,750) and landscaping improvement matching funds ($8,750) to the building owner. Omni Development Corporation (Resolution 50, 1997). The incentive package totaled $43,750 . In 1995. the City restructured a promissory note from Dillon Company (King Soopers) by $200,000 over 10 years, with the condition that Dillon continue to operate a grocery store on the Trolley Square site (See Exhibit 3). It should be noted that the City 's participation in the purchase of the Norwest Bank site adjacent to CityCenter is an investment partnership , not an economic incentive . The City contributed $150,000 of the $650,000 purchase price. Through that investment. the City owns and maintains long-term control of the property making it possible to be merged into the Englewood Town Center PUD . Increased retail sales tax revenues from the site project a return on that investment in two years . 2. Financial Impacts of suggested strategies The direct cost to the City of the requested incentives projected over the incentive period are demonstrated below: Incentive First Years Years Total Year 2-5 6-15 Waive Water Assessment Fees 100 ,700 100 ,700 Waive Sewer Assessment Fees 27 ,000 27,000 Waive Use Tax on Materials 50 ,000 50,000 Rebate sales tax over 5 years, 45,000 180,000 225,000 3 • • I • 0 - • • • • - Average : $45,000 per year Rebate lodger's tax over 15 22.000 88 ,000 220,000 330,000 years, Average: $22,000 per year Total Cost to the City $732,700 The financial impacts to the City were analyzed by the following two methods : Cost-Benefit Analysis A Cost-Benefit Analysis examines a project's net contribution to the local economy and community . It compares the relative gains achieved by the community by pursuing a particular project against opportunities lost because resources were committed specifically to that project . Staff used a cost-benefit model to calculate : 1) cost of providing services. 2) city revenues, and 3) community economic benefits (the likelihood of the City benefiting from a turnover of money in the local economy). The first two items appear within the City budget while the third represents the recirculation of dollars within the community . Using typical economic trends , the model projects an estimate of the development's potential over a 10-year period. As with any estimate , accuracy is reduced the farther from the present the development is projected . Since the projected revenues of the later years are less reliable, it is best to use only the early years of the model for decision-making . Also, any changes or additions to the assumptions supplied in the proforma data, such as FFE personal property tax or other costs that affect project costs. impact the accuracy of the projection. Four incentive scenarios using data from the Hawthorn Suites Ltd . Hotel proforma were modeled . Waiver of water and sewer assessment fees was not included in the model. The net economic benefits vs. public costs is the revenue collected by the City against the cost of providing services to the development. Cost-Benefit Analysis Incentive Granted Effect Scenario 1 Highest costs to the City. Sales, Lodger's Tax rebate Year 1: construction year generating fees and Use Tax waiver and revenues . Years 2-5 : Negative or even revenues generated for the City of Englewood . Years 6-10: Sales tax revenues collected. Scenario 2 Same as #1 with increased revenues in Sales Tax and Lodger's Tax the construction year generated by use Rebate tax. No sales tax collected until year 6 . Scenario 3 Sales and use tax revenues generated to Lodger's rebate only the City . No lodger's tax collected until year 16 . Scenarlo4 No treasury cost to the City . No incentives . . (See Exh1b1ts 4 -7) . 4 • I· 0 - • • -. .,.-. • .. • - Each scenario provides essentially the same community benefit as demonstrated by the net public revenues vs . public costs . This figure reflects the total value the hotel provides to the greater community. This value is not monies realized by City treasury nor is the value or benefit limited to Englewood . However. the assumption is that the City will capture a fa ir share of the community benefit . With the community benefit being essentially the same in each scenario , the determining factor is the relative cost to the City . Gap Analysis A Gap Analysis determines the gap between funding sources and project costs . When an incentive package is requested , the City considers whether the project demonstrates adequate private funding , financial stab ility , and minimal financ ial risk fa irly ba la nced to relative public benefi t to the City . Darren Hollingsworth , Business Development Specia li st . reviewed the proforma provi ded by Mr . Plante . It was determ ined that as of May 26. 2000 . Mr. Plante has not secured fun d ing commitments and it appears that Mr. Plante plan s to use City incentives to leverage such financ ing commitments . Mr. Holli ngsworth con cl uded that a valid gap analysis is premature at this time without fund ing comm itments (See Exh1b1t 8 ). 3. Hotel Studies Comparison Staff reviewed the 1997 City initiated Market Demand for a Downtown Hote l in Eng lewood . Colorado . by Clarion Associates and the applicant's 2000 Summary Appra isal Report by Hospitality Real Estate Counselors , Inc. (HREC). The three year period between the stud ies has seen a number of changes affecting potential hotel development. inc lud ing increased development and redevelopment associated w ith the CityCenter project . li ght ra il , and construction of several hotels in the south metro area. Also, the studies were done for different purposes : Clarion 's report dealt with site location , market and suitability for a hotel in downtown Englewood , wh ile HREC's is specific to the cl ient and deals w ith the feas ibility of this particular hotel at th is location . Clarion Hotel Study ( 1997 ) Four potential hotel sites were identified including the proposed Hawthorn Suites Ltd . Hotel site . All identified sites are smaller than typically required for lim ited -service or extended stay design concepts and will require customization of design that would likely affect costs . An adequate market demand ex ists for small-scale hotel , with a m inimum development thresho ld of 60 rooms . The mark et would support a hotel of 70 -80 rooms . Occupancy rate estimated at 73 %. Two conditions for a successful hotel identified : 1 . Commitment by hospitals to re fer to hotel requiring closure of existing hospital lodging and referra l to new hote l. Approx imately 20 % of Swedish Medical Center inpatients are from distances beyond the south metro area (1995 data) which would warrant overnight accommodations for relatives . 2 . Hotel must be multi -service and simultaneously appeal to medical , business . vacation-related and local res ident demand . There does not appear to be enough hospital-related demand to support a hotel on its own . Other market sources are needed to make a hotel successful. A standard hotel concept likely would require substantial public incentives such as assistance with land assemblage , development loans or other incentives to persuade developer to undertake an atypical project in an out-of-the-ordinary location . This 5 • I· 0 - • • • ,. --. • ... • - extra effort and expense required by the City is unl ikely to be balanced by significant benefits to the City treasury or the economy of the community . Extended stay hotels do provide property tax and hotel tax revenues but do not incorporate ancillary services such as restaurants and meeting spaces , so they offer little more economic or fiscal benefit than the typical apartment or office building . Hospitality Real Estate Counselors. Inc . Hotel Study (HREC) (2000 Applicant initiated hotel study) The proposed hotel is not anticipated to be highly dependent on one market segment and does not appear to be subject to considerable risk from significant fluctuations in demand in one particular market segment. The market mix is projected to include Hospital (29%), Leisure (17%), Corporate (27%). and Extended Stay (27%). Traditional weekly and seasonal soft periods are not projected to greatly impact the proposed hotel. Occupancy rate estimated at 69 %. Feasibility of hotel hindered by relat ive small room count that limits economies of scale. Feasibility impacted by the forecasted average room rate ($62 .45 first year), which is not high enough to support development costs . In essence , potential average room rates appear to be more of an issue than th e forecasted occupancy level. Feasibility gap of $468 ,000 exists . (Budgeted development costs per guest room $68,000 minus market value per guest room $59 .000 = $9 ,000 x 52 room). 4. Did the hotel study conducted by Clarion Associates in 1997 predict financial need by a developer? Clarion reported that a standard hotel (large capac ity with conference rooms and restaurant) would likely require substantial public incentives such as ass istance with land assemblage . development loans or other incentives to persuade a developer to locate in Englewood . Clarion concluded that this extra effort and expense by the City would unlikely be balanced by significant benefits to the City treasury or the economy of the community . The report also stated that an extended stay hotel may prov ide tax revenues but actually offers little more economic or fiscal benefit than the typical apartment or office building, because they do not incorporate restaurants and meeting spaces . Therefore, if a standard hotel offered mini mal economic benefit to the City . an extended stay would provide less . 5. Confirm hotel industry cash flow standard of 10.5% for 11 years Capitalization rate is the rate of interest that is considered a reasonable rate of return on an investment. The applicant's rate of 10.5 % is based on a discounted cash flow . or the projected dollars discounted to present dollars . An actual hotel industry standard figure may not exist since the rate is market driven . When interviewed , PKF , a hotel industry-consulting firm, opined that capitalization rates range from approximately 8% (Manhattan , California) to 13% (mid-America) and that the applicant's rate of 10 .5% for the Denver metro area "seems reasonable". The 11-year timeframe is a standard length based on a ten year projection model. The valuation of the hotel is affected by the capitalization rate and is determined by calculating the net operating income divided by the capitalization rate . Therefore the higher the capitalization rate the lower the value of the hotel and vice versa . 6. Confirm estimated financial figures In applicant's proposal. 6 .. I • 0 J • • -• ,. . ...-· • • - At the public hearing Mr. Plante distributed a handout entitled "A New Hawthorn Suites Ltd . For Englewood, Colorado" (See Exhibit 9). A review of that handout follows : Fees During Construction The listed fees and costs are standard development items in any community and the cost of doing business at this part icular site . The Chief Building Official reviewed the listed building permit fee of $69,000 and use tax of $50 ,000 (total $119 ,000) and calculated these two items to total approximately $60 ,000 . This is approximately one half of Mr . Plante's estimate. The Utility Department reviewed utility-related costs and found them to be reasonable (See Exhibit 1 ). Yearly Taxes Before And After Construction Property tax now on the four properties comprising the PUD were listed as $4 ,000 . Arapahoe County Assessor records indicate that the total property tax is currently $2 ,235. Of that amount, the City of Englewood collects $245 in general levy and debt service . The remainder goes to Arapahoe County, Englewood School District and Urban Drainage . The after construction property tax was listed as $60 ,000 . The Financial Services Department estimated total property taxes on the new hotel to be $65 ,000 . Again, the lion 's share goes to other agencies and the City would receive less than $6,000 . (See Exhibit 10). The projected sales tax of $45 ,000 and lodger's tax of $22 ,000 are averages over the 10- year projection . These averages appear accurate based on projected occupancy and room rates . Collected taxes will depend on actual total hotel sales each year. Page 2 of the handout shows the projected return on investment without City incentives and demonstrates a funding gap at the opening of the hotel of $685,973. A negative cash flow is projected for the first three years of operation . The last page of the handout shows the projected return on investment with full requested incentives, creating a funding gap at opening of only $1 ,064, and a positive cash flow . The difference between the ·cost of hotel upon opening " on page 2 and the "cost to complete " on page 3 is approximately $177 ,000 . This figure appears to represent the estimated water and sewer fees and use tax . Effects of the City Efforts It appears that the applicant is using City money to leverage a financial package , improve the development's bottom line . and produce a positive cash flow . 7. Legal Issues related to suggested strategies. The transfer tax suggested by Mr. Plante during the public hearing, whereby the City receives monies back at the time of sale of the hotel is illegal under TABOR. Collection of tax by the applicant without paying it to the City is also illegal. All taxes must be collected and paid. Any tax rebate payment is recorded as a Community Development expenditure and budgeted for annually. SUMMARY Any hotel built in Englewood is an indirect service to the greater community . A full-sized standard hotel provides a number of benefits to a community . It offers more guest rooms , public function rooms and restaurant facilities for conferences , proms and weddings and generates greater tax revenues . It offers a variety of jobs , close-by lodging for visiting guests and relatives, and the name prestige associated with a large chain . The standard hotel also 7 • ) I • 0 -• ..... •-.. • • .. promotes the development of complimentary businesses such as restaurants around it. The standard hotel generates "imported" dollars, money brought in and spent locally . In general , a hotel adds to the community and becomes a gathering place . As an extended stay hotel , the Hawthorn project at this site does not offer conference rooms or an opportunity for surrounding complimentary development. From a community benefit perspective, it provides a service not currently available in the City , generates approximately 10 jobs, and enhances the site through improved property assemblage . Measurable benefits to the City are minimal in the form of some increased tax revenues . Associated spin-off sales revenues are not able to be quantified due to the variability of future projections . It is generally considered that government is not in the business to make money or to provide private sector needs; the market addresses these needs. At this time , any request for financial incentive participation by the City is premature . ATTACHMENTS Exhibit A Exhibit 1: Memo: John Bock Exhibit 2: E-mail : Lance Smith Exhibit 3 : Memo: Steve Dazzio Exhibit 4: Summary of Costs and Benefits: Scenario #1 Exhibit 5: Summary of Costs and Benefits: Scenario #2 Exhibit 6: Summary of Costs and Benefits : Scenario #3 Exhibit 7: Summary of Costs and Benefits : Scenario #4 Exhibit 8: Memo: Darren Hollingsworth Exhibit 9 : A New Hawthorn Suites Ltd . For Englewood, Colorado Exhibit 10: Property Tax Analysis 8 . ., ,. .. ~ .. ' I· 0 ·] - • • " --·· • • - EXH IBIT l MEMORANDUM To: Tricia Langon From: John Bock. Utilities Manager of Administratioz)J3 Date: May 25. 2000 Subject: Hawthorne Suites Following are responses to the questions you asked me about the request from Hawthorne Suites for fee waivers : The Utilities Department's fee waiver policy is that no fees are ever waived . Because this utility is essentially owned by its users. were we to waive fees. all of the other users would have to make up the loss. Also, were we to waive fees in this case, it would open us up for all sorts of law suits from all the other people who were made to pay . There is no precedent for waiving of fees other than what has already been presented to Hawthorne Suites in the form of the Hotel Sewer Tap Agreement. Our tap fees are set by resolution and ordinance. The Water and Sewer Board would have to recommend the waiver to the City Council and the Council would then have to approve . Hawthorne Suites may appeal to the Director first, then the Water and Sewer Board, then District Court . Tom Brennan looked at their construction estimates and found them to be reasonable. r.. Pnnlea on Recycled F'ai,er. ~ ) I· 0 J • • - • --. • : f ... ~ • -' EXH IBIT 2 / LanceSmith 05/18/2000 02 :55 PM To : Tricia Langon/City of EnglewoodOCOE cc: Subject: Hawthorn Suites L TO The Building Division fees for this project arc based on the construction costs of $2.454.587 .00 . as supplied by the developer. Pennit fees arc base on Table 10-A of the 1997 Unifonn Building Code. • Pennit Fee Plan Re view Fee Use Tax Deposit Total Fees $10,19 2.00 6 .624.80 42 955 .27 $59 ,772.0 7 Use Tax is collected at the time the permit and pl an re view fees are collected. To request infonnation regarding wai ving of Use Tax you will need to contact the Finance Di visi on . In response to your questions: 1. Building Fee waiver policy? The Building Di vision can onl y wai ve fees when allowed by ordinance . 2. Any precedence for fee waiver , to whom , how much? Ordinance 14 Series of 1999 wai ves pennit fees for go vernmental construction work for the Eng lewood Housing Authority. City , State and Federal Government. Ordinance 18 Series of ::?OOO waives the Plan Re vie w Fee for si m?!e famil v, owner occupied dwellings . The amount waived is 65 % of the Pennit Fee . -· Use Tax is collected on all c onstruction projects and is based on 3 V1 % of V1 the valuation . 3. Who authorizes fee waiver? C ity Counc il by spe cific ordinance . 4. Appeal process? Building Code issues would be by the Board of Appeals . ~ ... ~ .. ,. ) I· 0 - • -· • rA ···· ... • -.. To: Tricia Langon/City of EnglewoodOCOE cc: Subject: First Data , Omni & King Soopers We paid First Data Corporation (FDC) $26.250 on December 12 , 1997 (Reso 49, 1997) The FDC incentive breaks out as follows : Use Taxes on building materials • $8,750 Sales/use tax on equipment purchased· $17,500 .. EXHIBIT 3 Also. the City agreed to pay FDC approx , $6 .000 each year beginning in 1998 representing a personal property tax rebate . The agreement states that FDC shall invoice the City for this . They have yet to do so thus far , and we have not paid them . I have spoken to An about this and he said he has spoken to FDC . His position, and I would have to agree . is that 1f they don 't invoice us for 1t. then we will not pay it. We also paid Omni Development Corp $17,500 on December 10. 1997 (Reso 50 . 1997) The Omni incentive breaks out as foll ows : Use Taxes on building materials · S8 .7 50 Match funding for exterior landscaping/vi sual improvements ··•··•···•··•·····•·••·•·••···••···••········•·····················································•···········•··•·•·············· The King Soopers agreements are as follows : Pursuant to a Promissory Note dated 3/20/95 with the Dillon Company. Dillon is to pay the City $488.000 over 10 years thru 4/1/2005 . Additionally , pursuant to a Development Agreement dated 3/20/95. the City is to pay Dillon $200.000 over 10 years thru 4/1/2004 , provided Dillon continues to operate a grocery store on the site . Currently, King Soopers (Dillon Companies) owes $216 .800 under their agreement and the City owes $80 .000 . If I can assist you funher . let me know ... >' I • 0 - • • -• ,. \.-·· . , • • -.. Summ;ary of Costs ;and Benefits cu, &tMetfr l1Mfib l .............. bw.41 ... ~ t -,~,.IM"•'9 tll, :i..tc k._,..,,k_,1b, OU ·Hlo:b1.,&.,y~ Vw141lf lu't•-•• T ... 1 f.·•H•i< IH~fil• till S.111111 flU 111111:11 (:~ .. ., .......... lkt..a .... t.11..,,•tl••w U11·:.tc M-.la1b 0 ............. ,..,. ... v •• "°''""' .. aa. 1 ... 1 c ••••• ·-· ........ Ct!r: r-:11101 f ... c1111 ,· ...... u .. ,11 ... , "--ot·· ...... • Uu:..10:k-'rl.a. o.,-..... b •• ,~ ... \'1...a, .. 1111•••• 1 ... 1c-.,.,, • .,c .... NET ECONOMIC BENEFITS wo. l'IJIILIC COSTS NET l'UBLIC REVENUES ••· l'UBLIC COSTS -2081 :zen *' l 'cou I ,-~ .. .-l h · .. ,J ,,.,,. 1211.5:.>9 "' '" "' l 'Hl,UCI.! 11..lt.ll ,4n 11 ,)78,UN IIUl,.l l/ "' "' "' "' "' $hl2,UI 1102,'JI.! l1Ui ,9J! "' .. >f.iU.! l'AA.1,755 l'14J Ut.111 $1 .lll,ltl 12.llt.111 $1,~i?,7•7 12,1t,Ht 1109.~? "' IO "' I Ju,a .!i M U<J! , ...... .! .. 6.J,lt5 "' "' "' "' .. 16.:U' lo.Nu lo.IHI.I "' lh1,J57 117.7.U •••••• JIJ ,, ... 1 .. lo<.211 ...... •n ns IMl~el• IS..f lj ISll 'ilJ.! l,til .Mo .. "' "' "' "' 19,11174 19,674 '"·"'" "' "' "' "' IN.1111' IN.M l ....-,,u:i. $1 .142.5'7 $2,17l,Sl7 $2,319,160 $2 ,417,629 ss,,m t~I $ltS $1,S Scenario #1: Sales Tax Rebat e Lodger's Tax Rebate Use Tax Waiver O.v .. l•pmt'al Reat'ercll Perlat'n ,... h ·u, S "' 11 ,,1 7'1,7~/ '" $1112,'0l 1%7.~0o $25.lt,tl5 IO .. 7.o'..!.t "' , ..... llt.!Ju5 1n .n• ..... ~~, .. 19 •7• "' 111 JJI n .t1,,1u $19S l'•g• 0·11 .. .. 0 EXIIIBIT 4 H;awthorne Suites llotel 2"15 ,_ 2N7 --, .... ,,. ,, ... , 7 1t.-.. ,11 "'"' ~ '"'°"' IU Tul"I "' '" "' "' '" 11 11 5.!'I $1 ,517,,1/f l1,55o .!OU l1.S9o .:t 51 11 .ctJ?,,1 .:.: ll.b79 •i. IU,5,u l o o "' '" "' "' "' "' IIU.! ~J .! IIUl ,'1.1.! llll2,9J.l 1!02.'ilJl IIUl,'IJ.! l'li5 •o'il $'Xl7,.:uu $"JU7,.!Uu 1%7.~0o $'J07,.iUO l 'J07,.!0o Si,107 ,1•:U 11s111 .-1 11 u• . .a• 12,Ul.)H 12.7t7,S•I 12 ?H,t•• $2&,ll• HS "' IO IO "' IO IIO'J .~7 M111 .11•,u 150,:!Uet ,sa ,5bu $52,Y)i 15<.'.IM> l4t.•.cll "' "' "' "' "' "' to.e,u .. ... 16,NU f.i.lHU 16.tMu $01 ,U:,c, 11• 'hi:> •••-:.u5 l111 ,'Ju5 , .. .,.,, 11•,'JI,,) litic.o,flti 17•7N 17• Ill '"·"' 171,7i7 ... .,. ..U.aSI 1.:1.0 .. l .t l,UIW 12 1,0ia 12111111 12 1,0il ~25.317 '" '" .. "' "' "' '""'" 19ti74 19.•7• ,~ .. ,. l'i.11174 P7.0ti4 '" "' .. "' .. ... IN 7•1 Ile 7•1 Pl.7•1 t,Jl,7ll f]l,71111 1SU.3il l $2,S5',1149 $2,S~S,'57 $2,US,621 $2,676,799 $2 ,7 19,20S $2],,IJ,714 $0,939 $U,2SI 5'16 ,Hl 5'17,HS $49,429 $29l,270 0 SlleSi.te • • • • - Summary of Costs and Benefits --· 2112 -· """'' ...... l v,.,. ,,.,. l:il1 (11:11111111 lsldib ,·, • .-h"''··· 1111,5'.!i .. "' "' 1,_. .. -0i,.,,abol• $'Jlll ,lb01 tl .3'.1 1,471 11 .. 11a.1J"/') 11 ,U J .;u ? O.r~•k••l•ula "' "' .. .. O(f-1o1hi &,,,k,y-"' IIW.<UI l1Ul,9.J2 IH.il.'J.J.t v, .. 11.:.,1r,., ........ "' laM • .102 l~ao.7S5 ,.,.J,~ T ... 1£c•-•kaneftb 11,lll,HI 12 lll,111 12.U 7,7'7 u. .. , .... a11 G111111 f1 .. 111111m c .............. IIU':I.Xi7 "' "' .. ......... l.11-falNII-. IJU.ei~ .. ,.», M~.I•.! ....... :, llra1 •W.k-..Jn• "' "' "' ... n,, wtc &,,,kif.,. ... .. .,,., $0,NU .. ...., v ....... 1 • ...-i. ... 111,,J!:17 117./liiJ .... .,.. r ... ,c .... 1~1 ....... ..... ] .. .. ,.w ...... 171,7H Clllr.....f ... '9111 , .. ta11w. ...... , lkt.e-O.,,. ........ 1Jt) •• 2Y 15,1,91,J '51,9)2: ....... O.,:iillc ........ .. "' "' "' l.)a ...... ~Na ·lur-"' IY.674 , ..... 74 t i .0·14 v ........ , ... -,. "' "' ... "' T .... c.. ... 1,-•c.• lll.Ut tu.HJ .... -Pl.Ill NET ECONOMIC BENEFITS n . PUIILIC COSTS s1.n2,H2 u .1n.s11 $2,llt,1'8 $2 ,U7,o2t NET PUBLIC REVENUES ••· l'llULIC COSTS sin.5'7 (SM6l 51,s $1tS Sc ena rio #2: Sales Tax Rebate Lodger's Tax Re bate llewlopmeal leaeard1 P1rlaen • JIit ,, .. , s "' 11.4711.1'.17 "' IIUl ,iJ.t l '.H:17 :Ou l2SOtU .. M7.,.a . ... ..... u Iii.~~ P lU• 16J.SS7 ... t i .o7t ... Pl.J ll $2,t7o,'19l $1tS Pogo ll·ll .. , . 0 • EXHIBI.T 5 Hawthorne Suites Hotel 2NS -2117 --', .. , ~. y ..... 7 ,-.... ,. r .... ,, Va-.,, IU ·ra,., "' "' "' .. "' 12 11 .S29 lt517 ,,t/.J 11 .SSci ,:!ou ll,5Wt,2;i 11,U?,t u 11 .e?Y,a.t11 llt.:JUt.•~ "' "' "' "' "' "' llll'.!JU.! IH.12,'JIJ:t IUll,9.JJ: IHU.tJi 1102:,\U.1 1925,N'.il l 'Ju7,.!UU I -Ju7,:tuo l 'Al7.2Uct IW.7,:tu. ·-7,.tu. le,tli7.l'JI 12.H?.•lt th2•.••• 12.•••.JN .,,, ...... 11.1,, .... 1:u.n, ... 1 "' .. .. .. .. i111l,5o7 ...... Ju ·~~Lid ISi.SW 1Sl.'bl 1s...-Mw.oll ... "' .. .. ... ... to,HU $0,lMU ...... 16,IMU ....... .. ,.o;. llrt.'Ju'..I tlrt,'Ju!:I •••.~!) t11.*6 .... -) llootlo v,., .. ,, •. 111 177.M pa 717 ....... 11es.•s1 $'.!UM $2 1,UIMI 121 ,11111 121 ,Clu 121 ,0.. l,J75,S.2i "' ... .. .. "' .. , ..... ,, 19,0741 19,674 •... ,. tt.-1, ae:7.lk,.t "' "' ... .. ... ... m.,., lll.7•1 Pl.7111 ... , .. Pl7U ... u .. $2 ,SSio,Ht $2,595,657 $2,US,'21 $2,o7',7H $2,7lt,21S $2l,oU,510 $U,tl9 $0,251 5tUDl $t7,9tS .. ,.u, $lU,1M,S 0 SlleSlob 2 , . • ., • .. • - 0 EX II I li I I' 6 Summary of Costs and Benefits H.iwthorne Suites I lotel 21N *' 2Ml 2M) ,... :INS ,_ 2111 21N ,... h•,' y .. ,., l ..... ,.1 .,. .. , 4 ...... ,s lt'•Uf1 ,,. .. , 7 ••• , ti ..... , y hou IO Tul,d Ci!I fs:tUmii: l1adi11 L ..... 11w~h ,•1 '211.5:t'il .. .. .. .. "' "' "' .. .. l /1 1.519 ltw.at111:wl¥r.t ...... 1'11 11 .~i 11 .JO U n l l,J7a .Uh I U U .il/ •••• 7'J.71t7 ll.5 17.•I J 11 .5~ . .!ltll 1 1,59o,.25, 11 1:Lf/U .! I I o"N •.!• ,1.:.01 b e. Ou ·Stt11 M.-,Je.1a. "' "' .. .. "' "' '" "' "' '" '" Ou -.,1.-Unyluycet "' 1102,UI 11 02.9.1.! IIU2 ,il.! 11 02,9..tl lltl.!.~t: I I02,i.t.! tl02.~IJ.! IIU:?,Y.U l h.lJ,9 J.! 1'12!>•o v, .. 1utli11t1...:i. "' 1&.1-1 ,:.!U:! ,~.755 1..i u .~11 I W7,iuo l \kl7,.!IIU l 'Ju7,::uo l '#o7,JUD ,...,, ,uo l w,7 Juo Jota l l'llll T et,I !c.-•lc ••••fil• 11,IU,HI 11.lll,111 $1.)17,7•7 11 t•t.Ht 11.Ut.t :a Jl U7•11 12 •1•.tll ll •••.l tl '1 717 "' 11, .. , •• 111 ll•HS S:lb: !:t111al f•a!I 811111111 c~ ... ,,vd .... , 11"9,S.7 "' "' .. "' "' .. "' .. "' $1 00,Sc,7 1u .. w .. Oa,,n•IKII• ...... ::'II t,tl~.o! l,U,I•.! ,~6,Ja) .. 7 .t>.!.! ...... .,., 150,209 151,!iciu 1~2 .ill lS.,Joo ,,oa,0 11 0111-~c Ro .. kt,t.. "' "' "' "' ;u "' "' "' "' "' "' 011 -.. 1. F.,111·lur--"' $6,:lli '6.!UtJ ~ .• ,u 16.••u l 6.1UIJ $6,IU U 16.au) ~.IMO W,,iMtJ $61 ,0:,o Vweu. lu,.._-1.-.. $1ci,J57 $1 17.U , •• t 'JU ••• 'iu) 1111 %) 1111 ~ llli <Jo3 ,, ... ~~) $11,'#0) ''"°""' T .. a1Cea.ralr.a4a.Na•n •.... , .. IM.217 W .NI '" 711 '7.i Ua ,1,, .. ,1.,n in.l at 17',7S7 ~I.HI 1111\aU CIII Sdal:111 E• .. tllll L' .. •llw...1...,, h••WM<Jt,,tt•IIN:»• "' ........ 119,91.i~ 1-'U.•IJ $:!1,0Ni $"!1,UN 121 ,0M 12 1.0la 12 1.llii f21 .0il $1IS,S2tJ U11:itecN-.a.. .. .e.. "' "' "' "' "' '" "' "' "' "' "' Oll· ... c btlf'&.,-.,_ "' $9,074 l i ,t.7t l 'J•lt l '.1,1,o?t l'i.o7, 19.ci'/' 19.67t 19.t.7, 19,f:17t li7,0ofi v ...... 111,, .. -. "' "' .. "' "' .... .. "' "' '" "' T ... 1 c. .... 1 f••41 Ce• " Pl,H1 ,,. 17• , ... 1•7 1117•1 I JI 7al 1317•1 $31.7U J.lt.7al 111,na 1171,Slt NET ECONOMIC BENEFITS ••· l'IJ HI.IC COSTS fl,123,ltl 52,209,956 52 ,151,191 fl.tSl,162 U ,Slt,171 U ,S5',H9 f l ,S9S,6S7 fl,US,621 51 ,,1,.199 fl,719,20S f21,IS1,SII NET PUBLIC REVENUES • ••· l'UHI.IC COSTS fHl,19' u,.u, flt,llS Ml,tlil s,2.,,s M l ,'19 50,lSI M6,.0l J'7,99S M9,429 fSll,0.7 Sc enario #3: Lodger's Tax Re bate • 0 O.•elopa1eal •••••"• Parlaen , ••• 0 -11 SiloSlob -• --. • . . • -.. 0 E Xllllll T ., Summary of Costs and Benefits l-lawthome Suite& llotel 2111 2111 2112 211) ,.. >NS ,_ 2112 -,.. }"~111, ' ,~ •• 2 "~·· t t n u f ,~ ... s ,c .. , b , .... , 1 , ..... (!I ,,.,.,., ..... , ,o r..,,,,, Cll1 li1111mls: lsmfib l..\•ultw••-• l .!11 ,!tli "' "' "' "' "' "' "' "' "' till )J'll l:h,.Mw-< Jtoct•h<u• ... ,,.ow 11 ,..111.U.477 11 ,J?li,UN tl.U J ,2 17 l1,&79,7i0 11.5 17,t/l 11 .!>~ • .lbll 11 .5%,25.l 11 oJ7 t 1! II •h •~• il4 !lou l •&u t">.1·6tl"k""1J...·ut. .. "' "' .. "' "' "' "' "' .. "' Oil ·•llot l:.lt'f•luycm "' lhl2.4J I IIU2,iJ.! 1102.'llJ.! IIU2,•iU:! 11 04,'JJ.: IIW.'H O: IHl2,9J.! llu:!,'1.1 .l 11 02,9J.! l 'll l.)N 'J v,.,tt ... 111 .. ,.i.:-. .. te.H.~'UJ ,.,.ki .755 l 'J.U ,UUtJ l'Ju7,:wu 1~7 • .!UU ,~,.,,k> lliti7,2u6 .~,~ ... $'M1 JUO k&a7.IYI T•l•I t..:••••k ..... fib tl.lU,111 ll.lJa.111 1:u 11.1,, $UH.Ht 12.u, ,n 11H7,lll 11 ,2,.,11 12.•••.Jtl ,,,.,s .. 117'1 ... l l t ll1 ltS !Jll li111al f1H BHII ... c~..-. .. ,h,•• IIU...S.,7 "' "' "' "' "' "' "' "' "' 11 00.~1 tk&wlM:N Opn•bct• l,JU,1,.-9 t,&l ,5"j.! ...... , .-o.JaS 5,4 7,o:!~ Mi,a •.HJ ,!>O;,!Ue ,s,.,... ,52,95 .! 15',.loo Mwoll Ou-::iitlc k....a.:.• ... "' '" "' "' "' ... "' "' "' ... UH·NI• b1'f'luyca "' IU ,w ...... la,IHU '6,M U lo.a.a u ""'" 56.itu "·"'" 16.Nu tol.O:>G v ................. "' llu,.J)7 ,11,1-, ····""'' Ud.'Jb5 ,111 ~) 1111.Yu:> •••-~5 llai'.IIOS •••~) lloci 41 ti T.a.lCe .. -.1 ... ,a ........ ,1 ... , .. .... 11, ..... I 17171l $71 ,1 • ,,. ,.. ,,.,11 '77,iH i71U7 161111 .-,es.s1 a11r-a1ul flM [Ida c.. .. -. ... , .. u ...... -ot,.,..aant ... 12,l lJ 12.12J l .!.l '.!J 1'.U'LI 12,1.!J $2,1:U 12,12J ,2.12J 12.l l.J ll">,105 0.1·:i.lclC..J..-..a. "' "' ... "' "' "' ... "' ... "' "' O u -.. 1cl:,1.,IO)'Nlf "' 19.67.t 11il.o7,& 19,67.a l'l,074 19,b74 19,074 19.oU 19,67.a 19.t.7.a '"·""' V1a1l0t l111f•-•• "' "' "' '" "' "' "' "' ... "' .., T.a.tc ..... 1, ••• c.• " $11 ,7'6 .... , .. 111.7 .. . ... , .. 111,79' 111.71• 111.7'6 111,79' .... 1 .. 1116,1•1 NET ECONOMIC BENEFITS ... ru11uc COSTS 11,Ul,ltl $2,226,lll $2,375,970 $2,4n,J52 S2 ,5ll, Ill $2,575 ,11~ $2,614,.22 $2,U4,5tl S2 ,05,7U S2,7ll,IH $24,019,927 • NET ruauc REVENUES ••· I'll 111.1c c us·1 s $141,)" $52,4'1 S57,H5 S5t,t11 .. 1.uo $0,l,90f .. 4.21• SU,5'1 ....... $61,)94 .. '9,412 Scenario 114: No Incentive s • 0 0.•elopm••I Reeear,• Part.en P1ge 0·11 SileSlab -• • - • • • ~ ,,.... . • • -' EXHIBIT 8 C T y 0 F E N G L E W 0 0 D COMMUN T y DEVELOPMENT MEMORANDUM TO: Tricia Langon . Planner FROM: S. Darren Hollingsworth Business De velo pment Specialist DA TE: May 26 , 1000 SllUECT: Proposed Hawthorn Suites Ltd. Hotel Tax Rebate and Incenti ve Request l was asked to provide a gap analysis for the Hawth orn Sunes proposal based on the financial infonnation pro vided by Mr. Michael Plante . Th is process involves an :malysis of the sources and use s of funds . whereby a funding gap exists if funding sources do not equal proJect uses . :Vlr . Plante represented to staff that a funding gap e:mts fo r the proposed hotel and co uld be clo ed through an incentive package comprising lodgin g taxes. sales tax and waiving project related fees. Further. Mr. Plante indicates that thi s tax rebate and incentive program must be awarded to obtain funding commitments from the lenders. In the typical gap analysis. economic mcenu ve packages offered by a munic ipality are net of commitments from a ll parti cipaung funding sources . It is s taff s understanding that :Vlr . Plante has not secured financing from the bank and SBA. which is a necessary requirement in justifying or quantifying an incentive package based o n economic need. With :Vlr . Plante ·s approval. s taff contacted :'vlr . Nick P:metta of Community First National Bank to detennine th e status of the co nstruction loan :md pennanent financing for the proposed hmel . lvlr. Panetta indicates that no finn financing commitments have been made to Mr. Plante for the proposed hotel. St aff also contacted R on Reu ss of the Colorado Lending Source to di scuss the preliminary requirements for a proposed SBA 504 loan . Mr. Reus s indicates that '.\llr . Plante mu st provide 10 percent equity and reserve account to cover all debt service for one year. These stipulations will alter the financial documentation provided to staff for consideration in a gap 10 00 Englewood Parkway Englewood. Colo rado 80110 PHO NE 303 -i6 2·23 42 FAX 303-i83-6895 www c1 en~lewood .co us I • 0 • • " -• 1~ ~.ill f. .. • -.. analysis. Lending commitment requirements from the bank and SBA may enhance the financial condition of the project. I spoke with Mr. Plante about the timing of the loan application and he indicates that the application request to the bank follows the City's commitment to rebate sales and lodging taxes. Information provided to the bank will be accompanied by a revised appraisal provided by Hospitality Real Estate Counselors. which contains the enhanced project proforma for use by the lenders. Conclusions The documentation provided by Mr. Mike Plante does not provide the information necessary to supply a valid gap analysis for the proposed hotel. Funher information is required for staff to perform a gap analysis and quantify economic need . Specifically , Mr. Plante should provide funding commitments from all panicipating funding panners. banks , and the SBA . Until this information is received, a ta'\ rebate request would be unsubstantiated through the financi a l analysis process . Mr. Plante is requesting the C ity's c ommitment to a tax rebate prior to a funding c ommitment from the bank and SBA. Funding commnmems could alter the proforma as pro vided to the City for review for the incentive and rebate request. The tax rebate and incenti ve request should on ly be considered for current project data. Therefore. Mr. Plante shou ld confirm funding commitments and revise project financials prior to the City reviewing a tax rebate and incenti ve request. If City Council approves a rebate and incenti ve request prior to funding commitments from the bank and SBA. staff recommends that this offer remain subject to review and anal ys is of all peninent financial and project information provided to the lenders. ., ,. ..: ' . . • .. I . 0 • • • ~ ,--• • ... "i '' .. • - EXHIB IT 9 A New Hawthorn Suites Ltd. for Englewood, Colorado I~~tr~a1~~:.·:'·~:_.-_-~- • City Sewer Assessment Fee • City-Water Assessment Fee • City Building Permit Fee • Use Tax on Materials • City Required Fencing • Sewer Line Installation • Water Line Installation Total of All Items $100 ,700 $27,000 $69,000 $50,000 $42 ,000 $18 ,400 $23 ,600 $33~,700 ~~arty T~~ ~re and -~f~~~~-.E:::::~;;·:;; ~~:-_-', -. -~·: >: Property Tax Now $4,000 Property Tax after Construction Sales Tax Now Saies Tax from the Hotei Lodging Tax Now Lodging Tax from the Hotei $60_,000 None $45.,000 None $22,000 ' ., ' • I· 0 - • • --· • .. . - • ' A New Hawthorn Suites Ltd. for Englewood, Colorado Year1 Ynr2 Year3 Year4 ($63,000) ($56,000) ($13,000) $16,000 -17% -15% -4% 4% Value of Hotel upon Opening: $2,993,388 Cost of Hotel upon Opening: $3,679,361 Years $28,000 8% .... .. ..: ' ... I· C, I • • -. • "'., ... • - A New Hawthorn Suites Ltd. for Englewood, Colorado jg~~~~~~~~~~~~-. • Waive the Sewer and Water Fees • Waive the Use Tax on Materials • Abate the First Five Years of Sales Tax • Abate the first Fifteen Years of Lodging Tax iitacts ·or:ij.e ·ctt;-Effor1s -·····-· ~---·-. · ~: -·\_--~_--:·.--:·_._.,· · .·,> · - • Reduces Cost of the Hotel Because of Fee Waivers Equates to a Reasonable Cost per Room • Using City Taxes Allows for Positive Cash Flow • Investor Returns after City Efforts Return on Investment Year1 Year2 Year3 $45 $19,904 $66,374 0% 6% 19% Value When Complete: $3 ,502 ,396 Cost to Complete: $3,501,632 Year4 $98 ,930 28% • Years $112,766 32% .. .. 0 I· 0 Hawthorn Suites Ltd. Property TH Analysis TH Vear 1999, Collected In 2000 PPI# Type Per Arapahoe County Actual Value Per Arapahoe Counly Assessed Value Mill Levy per Taxing Entity : Arapahoe Counly City of Englewood-General Levy City of Englewood-Debi Service Englewood Schools Urban Drainage Tola( currenl mill levy • Property Tues($) paid lo: Arapahoe Counly Clly of Englewood-General l..evy Cily of Englewood-Debi Service Englewood Schools • Urban Drainage Total propeny laxes paid • '. ,• .,.-. • • • ' Residcnlial : Assessed Value=9 .74% of Aclual Value Commercial : Assessed Value=29% of Aclual Value Properties Comprising the Hawthorn PlJD 2077 -03 -1-03 -009 2077-03-1 -03 -010 2077 -03 -1-03 -01 I Rcsidcnual Residenlial Commercial $ 96,345 $ 97,500 $ 18 ,750 $ 9,380 $ 9,500 $ 5,440 13 .706 13 .706 13.706 5.880 5.880 5 .880 1.175 1.175 1.175 42 .765 42.765 42 .765 0 .655 0 .655 0 .655 64 .181 64 .181 64.181 Property Propeny Propeny Taxes Taxes Taxes NOW NOW NOW $ 128 .56 $ 130.21 $ 74 .56 55 .15 55.86 31.99 11 .02 11.16 6 .39 401.14 406.27 232 .64 6 .14 6 .22 3.56 $ 602 .01 s 609 .72 s 349.14 .. 0 • EXll1Bl 'I I ll ~077-03 -1-04 -010 l'ROPOSEll Residenllal ommerc 1al $ 107,761 $ 3,500,000 $ 10,500 $ 1,015,000 13 .706 13 .706 5.880 5.880 1.175 1.175 42.765 42 .765 0 .655 0 .655 64 .181 64 .181 Property Total Proposed Taxes Tues Proposed Increase in NOW NOW Tu Tu $ 143 .91 $ 477 .24 $ 13,911.59 $ 13,434 .35 61.74 204.74 S,968.20 S,763.411 12.34 40.91 1,192 .63 1,151.7 ] 449.03 1,489.08 43,406.48 41 ,917 .41 0 6.88 22 .80 664 .83 642 .0 1 $ 673.90 s 2,234 .77 $ 65,143 .73 s 62 ,908 .91 • • • ORDINA.i."1/CE ~O. _ SERIES OF 2000 BY AUTHORITY A BILL FOR ,. • • • COUNCIL BILL ~O. 33 INTRODliCED BY COUNCIL MEMBER _______ _ A.1\1 ORDINANCE APPROVING THE PLA .. N'NED UNIT DEVELOPMENT (P .U.D .) FOR HAWTHORN SUITES, LTD. HOTEL TO BE LOCATED AT SOUTH PENNSYLVANIA STREET A.i.'ID U.S. HIGHWAY 285 . IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS. Michael D. Plante and Paul C. Zwiebel submitted the Hawthorn Swtes Ltd . Hotel submitted a P.U.D preliminary site plan in :vlay 1998 and the formal application in September 1998 ; and WHEREAS , the subject site is located at the nonheast and nonhwest corners of South Pennsylvarua street and US Highway 285 and is composed of two parcels tctaling .81 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 dismct: and WHERE.~. the eX1Stmg single-family residential structures will be allowed to remain until the hotel 15 developed; and WHEREAS . the proposal for Hawthorn Suites includes a 52 room extended stay hotel and associated parking; and WHERE.~. the proposed Hawthorn Suites Ltd . Hotel Pt.JD meets t he intent of the PliD Ordinance by providing for a use that is compatible with adjacent uses : and WHEREAS . the overall site layout fits within the constraints created by the size and con.figuration of the parcels: and WHEREAS , allowing hotel use and removmg lo w density res1dent1al uses from the proposed district is consistent with the 1979 Co mprehensive Plan that designated the East Hampden Corridor as "a :vli."ted-Use/Medical Distnct" accommodating medically- related businesses, including motels: and WHEREAS . standard City parking regulations for hotels require a mlillIDum of 56 parking spaces for this project and the proposed PUD 52 park.mg 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 drivmg patterns. number of employees and projected occupancy rates : and WHEREAS . City staff believes that the proposed 52 parking spaces are adequate for a specialty hotel use at this location; and -1- • •. I • 0 J • • -• .. ,,,-· . • • • 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 COliNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The Englewood City Council finds that: 1. The applicant has sub1111tted a detailed parking demand analysis, for inclusion m the information sent to City Council prior to the Public Heanng. 2. All fences shall compl y ~th sight-distance triangle requirements. Sectjon 2. The Planned Unit Development attached as ·'Exhibit . .\" for Hawthorn Suites Ltd. at the location of Northwest and ~ortheast corners of uS 285 a nd South Pennsylvania Street is hereby approved. Introduced, read in full, and passed on first reading on the 17th day of ..\pnl. 2000. Published as a Bill for an Ordinance on the 21st day of ..\pnl, 2000. Thomas J . Burns. Mayor A'ITEST: 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 for an Ordinance. introduced, read in full. and passed on first reading on the 17th day of April , 2000. Brenda J . Castle -2- A I • 0 - • • • ,. • . . •' • • ... Tricia Langon Community Development Continuation of PH of May 15 PUD Council Bill# 33 Hawthorn Suites Ltd . Hotel Purpose of the P H land use decision to consider rezoning from R-3 to PUD for intent of constructing 52-room hotel. Applicant requested financial incentives to "make the hotel a reality" Waive Water and Sewer Assessment Fees. 127 ,700 Waive Use Tax on Materials. 50 ,000 Abate sales tax over 5 years , and 45 ,000 per year Abate lodger's tax over 15 years . '.!'.!,000 Council directed staff to research 7 ke y issues related to the incentives J,.._ ;..._.k_ Complex ,·.,.,·-:j r ·-l1 difficult 8 #rd \ Iha not always quantifiable The applicant 's request for financial incentives doe s not affect the rezoning of the land . although it directly intluences the project. The applicant's request does impact City incentive policies for private development. Recommend : Separate the two issues Approve LU Deny or Table incentive to another forum Conversation late last week w Plante Not interested in PUD approval without incentive package encumber property Chicken and egg situation whereby he needed assurance of financial incentive before he got funding Based on analysis of the issues Hotel funding not secured at this time Appears applicant intends to use City money to leverage a financial package. improve the development 's bottom line , and produce a positive cash tlow . City not in the business to make money nor in business to finance private development -Financial incentives request is premature. • ... 'I I • 0 • • • Legal abatement of tax Collection tax Financial Impacts --. • . . • - illegal Budget it as an expenditure /I ""v,,S....r<- $730,000 cost to City over the life of the incentives .. Rebate Cost/Benefit analysis -Model of hotel assumptions projected over time based on typical economic trends Hotel provides value to the greater community Not necessarily monies here in Englewood Difficult to quantify benefits Previous Incentives r\...,.__(" .... ..-.., Waive Water & sewer assessment fees Sales Tax never never Water & Sewer board area Lodger · tax never Use Tax :z._., -J;.... First Data Corporation Omni Corp 500 jobs $26 ,250 $17.500 z. Promissory note reduction of $200,000 over 10 years ---::,,.~,, ~, y:-"-( :. -~ ..,... J " ' • ) Also point out : No incentives to 3 other PUD's in City of Englewood No use tax or bldg permit fee s waived on Civic Center or Trammel Crow Res . ,...______ __ Hotel Study Comparison and prediction of incentive need Clarion 1997 Predicted increased costs for extended stay hotel concept Success based on commitment from ho spital to close their own facilities and refer to new hotel Hotel must be multi service -not just hospital referrals Standard hotel would require city incentives . Lncentives unlikely to be balanced by significant benefits to the city .. reasonable to assume incentives for standard hotel produced little benefit extended stay would produce even less benefit Hospitality Real Estate Counselors, Inc. Feasibility hindered by small room count and Room rate not high enough to suppon development costs Development gap exists $468 ,000 73 and 69 % occupancy rate • I t I • 0 • • • • - Capitalization Rate of 10.5 % valuation of the hotel is affected by Capitalization rate net operating income >+ capitalization rate higher the cap rate the lower the value of the hotel Capitalization rate is the rate of interest that is considered a reasonable rate of return on an investment . The applicant 's rate of 10.5 % is based on a discounted cas h flow. or the projecte d dollars discounted to present dollars . Actual hotel industry standard figure may not exist rate is market driven. Capitalization rates range from approximatel y 8% (Manhattan. California) 10 13 % (mid- America) Applicant's rate of 10 .5% for the Denver metro area ··seems reasonable ... The 11-year timeframe is a standard length based on a ten year projection model. Financial Figures Fees during construction Use tax Bldg permit fees 50 69 42 17 Utility installation coSIS 52 reasonable __...,,c~~ j ,.;~----.. ~ Cost of doing business less here than elsewhere Yearly taxes before and After Construction Handout Current Property tax Hotel 4 ,000 60.000 2.200 65 ,000 Sales Tax 45,000 Lodger's Tax 22 ,000 f yearly averages over the 10-year projection l based on occupancy rate and room rates revenues dependent on actual hotel sales 245 7,000 '> • ... I • 0 • • • .,. . • • - Effect of the City efforts Reduces construction cost of the hotel to a reasonable cost per room Usc:!J' taxes to generate a positive cash flow Staff viewpoint Financial strategy is Summary Leverage financial funding Improve bottom line Produce a positive cash flow When incentives are considered Adequate pri vate funding Financially stable U sing city mone y to sweeten the deal make development profitable Minimal financial risks relati ve to publi c ben efi t ... Q11estisn?'?-Are the benefits derived by the Hawthorn Suites Ltd. Hotel balanced by the request ?? Hawthorn Suites Ltd . Hotel Provides Greater community good limited publi c se rvic es Serves a need that 's currentl y lac kin g :5,,n,..._ 1'·<1 .MiRim11l propert y tax re venues Approx IO jobs ,.. • .,;..._ . J ~-, D ' L ~ ~~~ --• -'-,\e '-t > ~•~'-,l.c.,fl~ Kops: I) Ill i 2 ?Ill JUN per )ISM ar ·' lf .Lu -" J I Hawthorn Suites Ltd . Hotel does not provided conference room s proms , wedding opportunity for surrounding complimentary development Sales tax for 5 years Lodger's tax for 15 years Not a question or - Is an extended stay hotel the type or hotel needed in the City but rather Is the extended stay Hawthorn Suites Ltd . Hotel the type or hotel to which the City wants to provide incentives totaling $732,000 over the nretime or the request. Again : Hotel funding not secured at this time • ~ppe·1p; applicant intends to use City money to le verage a financial pac ka ge , impro ve the development 's bottom line , and produce a positive cash flow. City not in the business finance private development .. ~ny Incentive package offered by the City is f1N1Mtare-· ,, s ·ecor+.1-'l ' W ; .... ~·.v .,-1 ) I • 0 • • • • HAWTHORN SUITES LTD. HOTEL PL SITE DATA SI TE AREA Buil0tng F OOIDrint Atu PartungArw: L~ArN. 35.18 7 sq. f 11 .680 sq. f 133% of S+te Area 1 15 .&<3 sq I (44% of Site Area l 7 8&< SQ. f 123", of Srte Anta l LANDSCAPED AREA INCLU DING PUBLIC RIGHT-OF-WAY L-..-.S -7.864 SQ. I {20", of Total Area) F'IJlllic Rigl,M,I-Way (E,ciudlng Sidewall<I TOTAL lANDSCAPEO AREA TOTAL AREA PARl<ING REQUIRED ANO PROVIDED 4 .888 SQ. I (12"1. of Total Anta) 12,552 !Q. f (32°'o of Total Area l 39 .875 sq. Al .,_,, on cnw,ng OP-1 ano hstec:I below -Comoacl Handicapped TOTAL 27 Spaces 22 Spaces 3S- 52 s- MAXIMUM BUILDING HEIGHT : 60'-0 " MA)( THIS PUO. 38'-6'/o" ACT U AL THIS BU ILDING SETBACKS. AS SPECIFICALLY NOTED ON THE P U O SITE DEVELOPMENT PLAN OWNER/DEVELOPER: Micnaet D. P1anta Dr. Paul C . Zwiebel . MD 31474 Upper Bear Creek Road . Evergreen . CO 804 39 Phone : 303 260 4378 Fax: 303 892 6338 ARCHITECT: DENNIS CARLSON ARCHITE CTS • • 0 SOUTH PENNSYLVANIA ST. & US 285, E GENERAL NOTES: 1 Th r P~ -Pn,jed ,, cantmled -owned by the above lilted Owners. The Owne<si De,~ ,,-,cl IO own Ille pn,,ect for many -'· All owneB111p -mam1e<1ance wril be by It, ... -indtv-. A LLC {l.Jm"9d Liability COl?OOltion) WIii be -for Ille PfOf8CI Th e o,. ners nave hired a hotel management company to manage Ille hotel after compietlon 2 An ;pclated AL TA Land TiUe Survey has been completeO by p.,_,. Eleva!JOn Co Inc - an 'cned IO tl'l+a set of araw+nga . 3 Sar ,tary -tram hotel buolcllng shaH be connected to Ille 10· main ,n the alley belween Sol.Ill Pemaytvan,a and LQ98n StrNb 4 Ne .. , 'Nater mam sna61 De ,nataled 9fttler nonr, from US 28S o, south rrom East Hampden A venue D+r """"1 to be determ+nea at time of - 5 Ac ·tional llnl hydrant shall be localed at South Ponnsytvan,a Strwt. nortn of US 285 6 Ulil ues shall be undergrounded. 7 Sigo, snail be po918d ,n awtiiary panang lot to 1ndk:Ung tnat par1<Jng ,, for hotel gu-only. 8 All :oncre1e Wetl< Done ,n the Pub!+c Right of Way Shall Ba ,n Conformanca •Mtt, "Conllll\Jdion Sta ,oams and Cona919 Spec,flcaticna fer me City of Engiewooe. ColOraao" PUD District Plan Development Standards I! ,s 1ne goal of the Hawtt,om Suites Ltd . Hotel Planned Unit Development to provide de ve lopment compabble ·N+tll the surrounding R-3 . High Density Rftldent1al Distnct. These standards apply to tile propeny listed ,n tile attached legal descnpt1on. A . Go3n eral Regulabons. The provisions round ,n tll1s Zone Distnct Sl'lall oe sub1ect to t~e reQu,rements and standards found ,n General Regulations of !hrs Title . u nless o tnerwrse provided for ,n this PUD o r an amendment tllareto . B P -rm,ttea Pnnc1pal Uses • ""' ,ah-_farn,h, I. Minimum Front Yard 1. Up to three (3) sto 2. Four (4) Of five (5) 3 . More than ftve (5) J . Minimum Side Yard : 1 . Three Of four-tam, For purposes of tc structure . not the i 2 . All other perm,ttec K. Minimum Rear Yarc 1. Hotel 2. All other penn1ttec L . Minimum Off-Street surface . aither pav& 1 . Hotel 2 . All other pennrtted M . Minimum Off-Street 1. Hotel Off-street loading a area . Loading and 2 . All other permrtted N . Accnao,y Buildingi 1 . ThrN-family and f a. Attacned garage requirements of 1) Maximum nun 2 ) Maximum he•! 3 ) Maximum Tot garagN and c b. Detachect garag 1 ) Maximum nun 2 ) Maximum he,i 3) Minimum front 4 ) Minimum side 5) Minimum rear a ) If entrance f; b \ If antranra f ; I \ . .. ~ (_. -• .... :, ( 1~NNED UNIT DEVELOPMENT • GLEWOOD, COLORADO ! permitted principal-: 11 ies ies 15feet. 20feet. 25 feet. I wHing 5 feet. ;ide yard selbllck. the setback shall apply to the entire idual units . 1cipal -1 O feet for each side 1cipal uses Per approved PUD site plan. 25 feet. king : OIi-street parking a111111 °' lots shall be of a hard th asphalt, concrete °' bnck pavers . 1 space per guest room . 1cipal uses See General Regulations of this Title . 1ding Requirements : Jnloading shall be done from the alley and main panung *Ing shall not block driveways of adjacent property iapal -See General Regulations of this Title. d Permibd Accessory u-: •family dwelling 1d allached carpons must conform to the setback pnncipal structure . 2 structures (any combination of the above ) 18feet toor Area : The combined maximum total floor area of all ort1 shall not exceed one thousand (1.000 ) square feet. 1nd detached carports : r: 2 structures . but no more than 1 of each type 18feet rd 25 feet 1l ·o· • • 0 3 feet VICINITY MAP as J ill 1 ill -..._ as j "- SIGNATURES I JI Cro,g .._ ii 11 JI JI ( Jeffersor{Ave 1 ', a! I JI Nam, ! -'PPR OV E DFOR ~~~~~~~~~--~~~~~~~~~~~~~~~~~~~- S19na1ure State of Cok>rado 1 ,ss ille Date Ha\\lhom Suues Ltd . He Pl,m ned Cmt Develop mc Exh1b11 A ~ ~ C"'-1 § ~ ~ -i~ 1 u ~1· ~ ~ .1;: ! i .c; !5 ~ lf1 <( ,r: ! i C ~~ ~ 0 C"'-1 w -.: ! i ~ ... ' u :s;;' !t ,i! ~ ·sU= C ~I ~ c8 •• 0U11 .2_ ". \ . ,, ' ~ ( • • y. ::,u Phone: 303 699 9262 Fax: 303 766 7554 E-matl: DLCARCHT@aol.com Contad: Dennis Canson Architect Reg . # 201035 CIVIL ENGINEER: POWERS ELEVATION CO .. LTD 13900 E . Harvard Ave .. Suite 1 13 . Aurora . CO 80044 Phone : 303 321 2217 Fax: 303 321 22 18 PROJECT ADDRESS: 3597 and 3566 So. Pennsylvania St .. Englewood . CO 801 10 LEGAL DESCRIPTION Lots 18-25 Inclusive, Bloek 3 . Higgins EnglewOod Gardens County of Arapahoe State of Colorado . and Lot 26. 27 and 28 . Block 4 Higgins Englewood Gardens County of Arapahoe State of Colorado • • 0 0 ;hnlCII 3 . Group living factltties. Facilities shall comply with requirements of the Group 1v1ng Ordinance of Title 16 of the Englewood Municipal Code. .i . D81)endent care centers . 5 . Hotels. 6 . Educational 1nstitut1ons. 7 . Religious 1nstrtuhons. 8 ?ublic facilities and butldings. C . Minimum Lot Area for Permitted Pnncipal Uses. 1 Three-family dwelling 2 . Four-famHy dwelling 9 . 000 square feet. 12 .000 square feet. 3 . Each additional residential dwelling unit over four(4 ) dwelling units 4 . All other permitted principal uses 24 .000 square feel . D . F!oor Area . 1 Minimum residential "oor area. a . Efficiency and/or one bedroom unit b . Two (2 ) bedroom unit c . Three ( 3) bedroom unit d . Each additional bedroom 2 All olher permitted principal uses E . Minimum Landscaping. Per approved plan 1 Hotel Per approved PUD site plan . 1 . 000 square feet. 650 square feet. 750 square feet. 950 square feet. 110 square feet . None. 2 . All other permitted pnncipal uses shall comply with 16-5-26 . Landscape Standards o f the Englewood Mun1c1pal Code . F U11lit1es . Utility service to buildings shall be placed underground G . Minimum Lot Frontage: 1. Three-tam1ly dwelling 2 . Four-famtly dwelling 3 . All other permitted pnncipal uses H . Maximum Building Heegnt: Th ree-family dwelling and four-family dwelling 2 . All other permitted principal uses 7 5 feet. 100 feet. None 2 5 feet. 60 feet. II) Maximum Tota g8rliQN BIid C c. Storage Sheda : C the following req, 1 ) Location: Shat structure . 2) Maximum Iota 3)Muimum~ 4) Minimum Side 5) Minimum ,- 2. Noncommerctat P1 hundl9d ,-i (400' which pemlits non, as long aa ll1e pnn provided. 3 . Service Uses: Ser use shall be permi shops. gift shops, principal structure 0 . Signage: 1. Hotel 2 . All other perm,ttec P . Qtt,er Provisions: Existing single and and uses shall be ~ subject to r9gulatio CONSTRU Anticipated Completio Anticipated Start of Cc Anticipated Completio The Entire F'roject w ill 3.. \ . ,, . , ( • ( • • 1oor Aro The comDtned maximum total floor area of all :irts sri.11 no1 HCNd one thousand ( 1 . 000 ) square feet. • one storage snec snall be peffl1itted and shall conform to menta , locatad on the rear third of the lot containing the pnncipal or area d d 150 square feet. 101Nt. 31Nt. 31Nt. ,g Lots: Requirad paritir,g may be provided within lour tne prapeffy. alltw Within the -district or wllhm a distnct ,meraat pel1(ing lots . Suet, partung lot must be maintained ,1 permitted use IS mainlal<led . or alt9mate partur,g uses customarNy and ,ncidental to the permitted pnncipal Such uses a . but no1 hmiled to . barber shops , beauty !NI shops and dining facilities -permillect within the he convenience of the guests or tenants . Per approved PUD site plan ,opal uses Shall comply wilh the Sign Code of tn1s Tille lex residential dwellings and exJSbr,g accessory structures ed legal nonconfomlir,g use statu1 . Such u-shall be ursuant to TIiie 16 . Nonconfom11r,g Uses. rlON SCHEDULE: • I P.u .o . Prooeu -May 10 . 2000 uctlon -June 10 . 2000 Construction -January 10. 2001 :onstructed ,n One Phase • • Q_ ) w--~-------~ ---.. ______________ _ of My~-'------- Nolary Public - APPROVED FOR TI-IE CITY OF ENGLEWOOD Pww,;ng and Zorw,g Comrn,u,on c__, Date F'lamfflg com,,_.,,., s.a.rary Date Mayo, of Englewood Date IIT"T£STED The~-•l --""""'9<1ged--thtS ooyof __________ .w ___ _ by ______________ _ --------------- CityCler1< CLERK ANO RECORDER'S OFFICE Tt111 Planned Untt OevelOOmen t ,s accepted tor fll,ng ,n tne Office of the Cien< ano Recoroer of Arapanoe County . Coloraoo . 11 O'e:iocl<. __ M ,n,s oa y of ----------· 20 __ _ Receotx>n Number _____ _ Book Numoer ________ _ Page Number _____ _ By----------- Clel"l 1nd Recorder Decuty - i .i::: (J) C: l ~o J,'i a! i , ~ J-J; ! ~I ~ > X (I) t! -ti , 9 :ii a ll i S:: C p I ~ ~ I a. 0 ("') 0 'f . ... ~ ' C • • ; • • O_ • ----------W htie grapntcs -=' · ~ ~ f'olycart,onate -___;z--;--• draw,ng HM3· oackground ~ ---, : 2 01ac, Face HA IATHOR; ~/ ; ! ~ace lo< :::ec ,_one, romo,e SL'ITES ' I : -.. drawing HMJ..I0-20 LTD" I I . I ~ ...:::::::___ ~ l Sian at Corners (2 Scale: 1/4" = 1'-0" Note Sign text & lettenng style are for illustration purposes only Monument Sign Elevations ,,,. Note Sign text & lettenng sty le are for ,nustralion purposes only ~ ---Sign Li gt,fed from lnstde N1tn 10 Fluor Lamos -----l='li,-,oee tiny! Face Green with HA WTHOR_'.\i NMe G,aplucs SUITES LTD ~ ,\E LCO ME r:, • -,•.\Tl-<0 QN Sl "ES L-C' --Gr9en Bleeo Eoge Cao1n411 ... ,rr, .).cc .. , D~ '°' Se ~,c• =ow l ne RelllOe r Boam ll11 ,1ldl 1,f:.,._, M .. IU I Im ! ,,,i )jl,,{! tll11 l\1 •tt l •l •al •,11p 1u111 I' '1 • ~ _,/ Srono Cl! ----Bnci< Brick Wall Elevation Scale : 1/4" = 1'-0" --·-----·--·------------- ~ Sroo ~ugn lnfo rmat10f'\ -wgn . .. • • ·---v I --d i - C • a · " "" • .) -------Stone cap ------S rtCk ----Wmugnt lr0f"!-P•n1ec ~ " Signs - ~ Aru(aq.ft.) Comer (HOie! Bu1idlng Loi) 27 70 Come, (Pllfk,ng Loi) 27 70 Pyton 49 .00 Front Wall (South Pennsylvania SlrNt S-1 39 20 T l I .fl" ,~ ... Sode Wall (Jefllnon Avenue Sode ) Above Emry Total Brick Wall Elevation Scale : 1 /4" = 11-0" Total Number of Signe I I • • 0 ·--· -- R.3 Zoning I JO"t9Kl'l~t:> 15'.f/'Ngfl•OOCI~ .~ ................. ...,,... 1 ""'"'.,.. ~ b 12!il0' ----~ ~-. ' ---------k'----' ~ f -=...L _-------r-:---Ct , ~ fl'-0"""'1-ooGDffi~ WICJleiOftglJf'lliP9'f",1'"9 r.e · ::,,-0· .!'.ff' "' ERi Ont)·-~Nol em.r: b I "· -· r,lOt Ngf'l l'Ot'*'Ce J -- ' 3·4 '1'19\0 o,ci, ... .. : .-- --=r I ~ ~ + S,a,, ~ ~O'lly--:..J ' 'I ~·-j~ ti I c Note Panung c1rea rs hgnteo b) decorative wall mountec hg nt fixtures 1 ,1: , -,:=-+~ ..:._ ... , O ·-• ,,. , 1 . '°"'i Line of Sett:1ac11.s _ ___ lo<PU O 5"4'S-<r .... 'r-e, -·- --=. --- u •5\C' 39.20 14 .20 117 .00 ~-'l("AO ~ 01,1 rnoae, ., .. 6 "'°""""' ., ...... :J Sign Type Wall -mounted on bncl< wall aate : January 17, 2000 Wall -mounted on bncl< wall Pylon • 15' high Wal l -mounted on building Wall -mounted on building Wall -mounted on bulldmg ~UJ o~j" :::: ! ' -E J . ~ ~;f! 0 .!!: ... r \ -~ ~ ·• ~ ! Uiji • .. ·§IJ~ 0 ,l! .I odl • ~ C-• • • ,. w I\) X -0 • 1),1 :.r North & South Elevation Scale: 1/4" = 1'-0" ~ '!! ~ ... ~I ' 5-J,J " ,.,. East & West Elevation Scale : 1/4" = 1'-0" Main Pylon Sign Elevations Tll'9 Store B .1 Zoning -----·-r / h S! >, (I) R.3 Zoning Note . Sewer from building to connect to this line ,.a-.. 111 J'-4"10l'-0"• .. 11t ~ ,,..,. ----_ ...J'. -----------------· !, u I• ; ~ ~;; p I "! I 1 .. ------~~.,.. -59"-~~0fflp ·2j r ~· •90'4" ,j,:..,. : I L, ,I • I ~, I b ~ ,, ~ ':Off'OKt So-=- ~I . II '>i ~I ----------t -----r ---·t-~1 _'f "'"'=-- l ,., .~J 12 11 .... lf'IQ~-.s-,. 4~,1'ld :?•~11 ,.. .. ·-- J-., F1ooo Zone ,.. ... ._,_,.. =-··l-'Olal .... only ... _c -~--:Ci '".,. ·,. --, .f-4"n.,lt ~-· 1. F,,.. Hydrants .,. localed i14 N E come<s of So. PN11 51. & us 255 -a110 il4 5 .E corn• of So. ?9nnsy1van1a St & US 285 2 Flooo Zone X • A."'N of 500-yes !toed : .-al , 00-year !toed with av._ deo1'1s of INI tnll'I 1 foot Of wftl'I drai nage ,,.... INI tt\8fl , so mote . ano .,.. .. protec1ed Dy iev-rrom 100-yur lloo<I . R.3 Zoning I 'l. \ • ... • ~ ; ; I • ' ·" . : f - i I l I! • • ---,--------------, I I ~H .I. ~auv -as (......,s .e .6/ 161 ------_ --- ,,-·• • o :i 'pooM8fliu3 '!t&Z sn , ·1s ~sulJ8d ·oS 1uawdo1a11aa l!U() Jl8UUl!ld 1810H ·pn se11n s UJ041Ml!H U81d IU81.UdoteA8Q 0) C I 1J ·2 0 N I I C') I . • er I ~ I ,.; u I I J' I 1a., 1:w11" ----------- .s::. ' I I ' t'. ( , I 0 ' - ~ z -~ , ; I I l I I ' I~ I ;' l!;> J:iil I/ ~ ft .. 0 ' !9 1 .. H I. ~ I f' i ~ ·1 ' ,' I I I I I H I , J I l(Y..(T f ., ,u l J I _,'_-_ ' to .I, .,.,,,. 'J ·'"'·" ' .,,, . o tZ ... --I hL}---jr~--.;._ • -9' -------- ' I I .. ~ ----.' I ~ I -4-~-==~u------- f) I() j ~ CX) .. I C\I •. ----'---' --_... ti, en ::> u1e.1("J UUOIS .l l ,t -I I~ -~-._,,eM A.1 1:),.t ---·-·-- <( j 'IS e,uel\lASUU8d 'OS C ~ 0 ' t!? l . ' flt M----Ht-~ ~I l ,, Q) -, N •I I I I . . ~ .. I '. -I l ! t • I i I I I • .. .. C jO z-da 9 § C) N II . ~ C ro -a.. ...., S! C Q) E a. 0 0 N Q) e > "' Q) ... 0 Cl Q) ...., ·-CJ) I • 0 • • • • 0 • II II West {Front) Elevation -~ ~ e11m 1m11m m I 1 •!ma am 1" = 10'-0" "Dryvit" type stucco ____/ Notes: 1 Extenor wa ll matenals are ·oryv,t• type stucco and brick . Asphalt shingles (typ.) ;-·-·-------------__ . ------- ---~ a1 a I Briel "'--Thro 2. Roof matenals are as asphalt shingles that have a heavier shadow line . ~r------~ -~--~ -::-- ---- ~~~~1 ~11 l §ffl : a I 11 [m 1 E r--,-~ ~ ~!~ ~ ~ ~ IE ail gm ~ i g!§ gm I • .. ~ ,, . ~ . ., .• • I HA WTlt<>Rl" SUITEi LTD • ·the -well HV AC units (typtcal all rooms) • Sign -Logo and Lett81'S to be Surface Mounted -Back Lighted l:, .. ~ I;, !: .. -~. . .----. ·. -, ! ---------C --------_-. -l,i -----------· --------- ! .. !I! I :1 : :1 f > • • O_ Note . Sign text & lettering style -for Mluttration pufl)OMI only Level Guest Room Summary Suite A Suite B Suite C To tal Sq . Ft. ldate: January 17 . 2C rl:l a: ...., I: (.J ,-I ~ i . ·-c3 .ct: ~~ <r C 0 rl:l ... 'i: ! to: .. U I'· rl:l ~,! ·~ ~ C i C ., q,) Jl I Oil c:== c:== I 1- \ . .. • . . , , • ~ 4 . ' • • • !--~~-~:]-·~ EffiI ~ g ~--··'t~c~-~JaJ-3.... East Elevation 1" = 10'-0" -! ----· ---·-----_ ... -.. --.. -. ---~ ·------ I I g ffli I I g !WI ~ Note : Sign text & lettering style are for HAWTI10RJ'< .. illustration purposes only !lJTT1:S LTD -· ! .. m I I g la I I g m ii !;, .. ---------·-I _ -\ b !c! . . .. !1 South Elevation 1" = 10'-0" 0 2 5 10 zo 50 ~ ,. "' • • • ' , 0, • T ON N IO r-M N IO > 0 1 .Ot ] :1 , I t I I , , 'I I 'I • .tilt.IC I ·.~ - 1W lffl) ' . .. • I £ jO £-da J884S : 0 I 0 'II'""" II : 'II'""" C 0 ~ ro > Q) I w • 0 .c. t 0 z • • ( • eoun _ il,~'--- State of Colorado 5 .6-13 44"'o 7 864 23°', 35. 187 100% lite .,... tnctudlna DUDIIC ngnt OT wav s Aru (aq. ft.) not to scale Pl.ANNING REVIEW CITY OF ENGLEWOOD Review 19 for general compunce w,tt, City Ptenning and Zoning -,clllf'Cls and requirements . The City of EnglewOOd ,s not ,-ponsible for the correctnesa of dimenSK>ns . detatls , quantities. and design safety I No exceptions taken I = corrections I Rejected -See --~c=;ry~P~la_n_ner---~D-a-,e----l luildlng Partllnt .,.. Total L.andacapng lneid9 lounclary PuMc Ri9M al w.., Total S1gnatut9 Block for Owner or Autflorind Agent By s,gnong below. tile property owner agree to take ongoing responsibility for ,nstalla11on and maintenance of landscac,ng on me suoiect orocerty ,n accoroance w,tll tile accroveo S1te1Landscace Plan and C,ty of Englewood Landscac,ng Standards P nnr name ana tl tle 359 7 and 3566 So Pennsylvania SI Englewooo CO 80 ·, 0 Pnnr prope rry aaaress S,gnarure • • Perm,r,. Oa re ..., 11.IIO 15.143 12.552 7.864 4 .688 39.875 P•rcent 21% 39% 32% 20% 12% 100% -------- s-·~pa~81~- --------:: >, .91 < ~JE---=~: I ~ $-'-.--,n » T , ~G...-Sql ~ \. \. -I ( I J -------------~~-~,-·~-r;f·;:, ~- -------------------- W !ON ... ./untp I s;.w-..q~:;"=~~ ~, ~JU""* 2:ll~' "'"' ; s ... e~. ~"' ~ l ' ' t-._c..-..,.~. ' ~'"'"" I I "·"" ~' : l ________ .,. __ ~\..~~~ I . '1-··,-·,o.·~-----_.-:-.,,....:.....:.~ .--~~ I ., . -:!}"' r {;'"~--, ---. . -~ ~ . __ , . ' - I -a-ii -: -£!f -r 1 1· ~t'"'r" .-:.,.- I ~~~\-o I -I- S-2 ~ ~ON al S,WU, 11 21-------' _....,, ', Landscape Development Plar 0 2 5 10 =-:::J -=- 20 50 . ' \ • " • $ - • • I I I ., ~t H ' -. _..;:,_ ---------- • o::> ·JX)OM816u3 '!i9Z sn Y IS e,uelljAsuuad 'oS 1uawdo1a11aa 1,un peuue1d iaioH ·ji1i se11ns -UJOll1MBH Ul!ld lll81.Udota118(] I :J ' ' t ., / \ ii I z j IL r "' u Ill a z ~ t I -I() : ;! CX) N Cl) ::, co > <( :;:_~L ___ C 0 I i f I ~ I Q) i w -, l ')$ B!UBAIASUU9d ·os I f i .c /' I . ( . I t: (/ 0 ' I r;·;~~~ . I z .) qv I , i I 9 I . I JJd , l:1 : : b ~J N h'· ,, I, I l a 1 1 , • •· .. . .. ~ JO ~-dl Ja84S u 0 ~~ .;; i1 Im i ~ 1 g ~ In J 0 g .. 0 u J l "' l 0 °' ,- r: j 0 w J z ui j 0 "' • 'i: . ~ 1 Q'>. j :I:. r: ~ I li: I l .J . 99 .Ii bb ~ f 11 ~ ) ..... '. I J.., .. I E 'D !Pi i H111 Iii r > ! ult j ! I . 0 32X - ! "'"' N ! g g "' "' I I I l § l i I j I :, "S • I : l I • I I I I J I J j ~ l j I I I I ti I I I ... I ...... . ;:; 1, -N ., I t,!. t! .. .... I ~ ,i 1, -... J, ,J, • . I~ I :'.! ~ -=I ~ ... , ... CII N i l""i ~ & & & 3 "'"' "' "' I f f J ~ ~ E II • I t I l i l § : w • I I i I I It ·J l I I w f ~ ... li3::;; :i: ;l :i::,: g g & "'"'"' ! ~ f t . i I I I ! I ! ~ f I d1 J J t ... ... "'~ ~:,: • I J, .. -·· • : . . ~ : I : . . '_ J ----r ------- . ' I ' . I ' ' I ' . .. . . I· 0 • • Site Date Sllle Aru : 35 .1 8 7 SQ . ft 100% lulldlng Footprint Area :11 .680 SQ . ft . 3 3 % Parlllng Area : 15 .64 3 sq . ft . 44% Landecaped Area : 7 .864 sq . ft . 23 % Periling Required/Provided: Standard 27 spaces Compact 22 spaces Handicapped 3 spaces Total 52 spaces Maximum Building Hetght = 60'-0 " Max. th is PUD . 38'~y.· actual tn1s building . Selbactla: as speclfically noted on the P .U .O . Sita Development Plan . Gen.,..I Notes 1 . Onginal survey has been prepared by Po wers E levation Co .. Inc .. 13900 E. Harvard A va .. Sumt 113 . Aurora. CO 80014. Tel. 303 321 22 17 2 . ContraclDr to fiek:I verify location of all property linee and ~ stakes . 3 . Before doing any digging on site . locate all ulililles by calling the UtlllllN Nolfflc:allon Cenl8r of Colorado at 1 800 922 1987 4 . All Public R .0 .W . mU9t be deaned up after construction . 5 . All graaMd or bed a1'118S shall be amended w ith a minimum of tt,rw (3 ) cubic yards of organic matter (compos1 ) per one thousand SQuare feel ( 1.000 SQ . II.) of 81911 . Organic matter shall be lilied into sotl to a m1 n1mum daptn of 4-6 inches (4 "~") Legal Dnc:riptlon Lois 18-25 Inclus ive . Block 3 Higgins Englewood Gardens County ol Arapahoe State of Cotorado. ana Lot 26 . 27 . 28 . Bloc k .i Higgins Englewood Gardens • • 0 EnQlewood Landscape Maintenance AarNrMnt 1 . C°""'letlon: The C ity shall not issue a Certificate of Occupancy for any building . use or structure to which 16-5-26 . "Landscaping Standard ." apphes unul the landscaping has been installed in accordance with the approved landscape plan . 2. Cal1lflcala of Occupancy: Pnor to the issuance of a oartlflcate of occupancy . the property owner shall ftla a maintenance agreement. The agreement shaH an sure that 1f the landowner. or sut>!l8QUant owners. fa ol s to maintain the requ1redllnstalled Site improvements. the City wlil be able to ftla an appropriate lien against the property 1n order to accomplish the required maintenance. 3. Mal,,...,_. of approved landscaping shall con8111t of regular watanng. mowing. pruning . lettiliz1ng . cleanng of det>ns 2nd weeds. tne removal and replacement of dead plants . and the repair and raplacament of imgation systems and integrated arch"8CtUnll r.atures. Plant matarial whlCh dies shall be replaced wrth plant mat-I of S1m llar variety and size wrtt11n one h~ndred eighty ( 180) days. 4 . Temporary Cer1lflcaa of Occupancy : In extenuating Cll'CUmstances . such as adverse waatller . where occupancy 1s requesl8d pnor to oomplet1or, of landscaping, the owner shall anter into an agrwmant with Iha City guararrta.ng that the reQu11'9d landscaping woll be completed within hundred and o,oghty ( 180 ) day s or a date spec1fled by the City . a. Coat Estimate Required : The Owner shaH p rovide to the City . a schedule of landscaping matanata . o uanltties and costs. b. Surwly Required: The Owner shall post a surety with the C oty eoual to th e cost of landscaping matenals and onstallat,on for all u n1n stalled landscacing in clu ded on the accroved Pl a n Surety sn a il t>e 1n the form of cash or Latter of Credo! per Ci ty specifications . Site area A,.a (•q. ft.) Percent \,I I ~ 'I Landscape Area Schedule -Living St,ace (SOD) Non.UVlnt ._ ,..._ ---.. Symlk>I ,_............, 0-*loundart I _ _,_,, ~ ..... J) 1,133 1,3'8 1,407 7!51 11> 0 0 283 0 a> 32 ""7 9Je 0 •'.9 8 156 726 0 (5', 608 1.102 957 an TOia! 1,781 3 .053 •.309 1,638 I-...._.... ~ .._.._ l u...,.---1,78 1 23'!1. 2,897 8,t'!I, • _.......,.9-4.309 55% 1,635 38'!1. ! ---,.n• 22% NA NA 1 T-1.-100% 4.532 100'!1. 1' 13'!1, 37'% \ • • 0---------------------. .. :,-- *' ' , • • 0 ~ N ~ C IC JD ~ SCAL.t "IC" BASIS OF BEARINGS -------... : -'·C..--u 1---N /J "' _lf\/[5 Qt" 5 ::,!"vf'I S ..... VAN/>< 5-~:: 8[.,J.P "-IC tr,-_501.., --JSSv M[:; .., ~CL U ~ I ~~~~ CL~ HIGGINS ENGLE LOTS 26 -28, BLOCK 4 SITUATED IN TH£ NE 1/4 OF TH£ NE 1,, CITY OF ENGLEWOOD, ARA, n TL£ COMM/ TM£N T -"'1 15 Su .<?V[" 15 5 1.18.;[:-•;; f.J S[M[V "S • s-=::; If'.. ~o ;;ri.. /J M[::JIC,.lt. ~ -._: 1-JSv :,ANC[ COM:,4/.,"' CO'-,n.-1n .A[v · '\Jo ,;\,f 59658. :J.t. -!:; o -'28 198 A -... J C A M ,"JC SJIJDQtrwc :XX. v::·. -S ..Y.-.1[ B[E'O.. ::JQ;),':J[j ·-r 5 ..,Pl[""Q O .!!:" o:---rs J AT I (\t.;;•··~ --------~-&-.J::1£5•:::, ,-,,"') ~~"' -------, I I-,\',-~ • I -I ~. , ',1'~ ~ ~ '01·,· ~ -------~'v' '1. t. , ' \ I • \ -1 '"' ...... \ -~ , ...... \11: -... ,, .. , \ Co ,, , . \ ( ' , "'· . \ . .. , :" 0 . ii ~ ·' ' .. .. • ':: I (.J'"l ~ . h ~ ·~ ~ ~ n i ::r: V) r--I :,i --1 -- ~ C) C) () , -rti~u1a©J I ~ .-1: I \) ::::j ioH(;i O IH ~C•J l ~ aa-tl ll I C: < Q) . ij ~~1 09 H -·· l ~ ~~~ ~ ~ I,! ~ "'I'll ,. c..; I , ,., < --• • ~.;i,.. ,,, ~ I\) ~ c==::i 1f r"l ,-~ <fl (""' • ' -i u, ' . ' ---~ I ~~~~9 ?: ?' p ·" lt ' " •• ... ,.., r· .... , r:0 ~ ~~ -,.: .,( -) \ () a Y) r--F ··/\~ ~ :i ~ . ::0 C) tll ( ,· > I ~ ~ i I ~ ::0 ~ ;!: mn] ., !~ ~ I & C)~~(li ·: ~ ).\ I ~ .. ~ ~ ~, ( .t I w C 11, 1 ~ _U \. r· ,,f, --... .~ ... 0) ,;~ L - ........ Cs ::::r- .~ 1 .Lf,t,aOO S I -• I . •• t •Hf >J ~ --i-·----r-,-!.'.°"'..I ~ ~ I ( . ) -I ... , I <•· t r ...... , . ~. ~ \~ .~. .. 'N ,,.., . ''1 , ,· I ~I ', . :,.; I !, ' I t ~ Ill .. It ,. ~\.' .:, 1 .. 'I! t •ti '·'" ~ ~11 . " .. i:t_ I r) ' " I 't.1 ' ·,1,,, I ~-. i.~ I.'? . ' r- ~ r- ~'.'J '-1' IJ C) 'f',J ~,.,, ~) ~'"f,l V} '' .· () t..' I I ~ t.. ::\) ,.:\'.ln 1j Y, l~1\ :::t :~ ~~f ~ ,_t ,, <.. i i • "' '·• I r) I (J mn] I I ~ ••-.-4- 9-9-98 ADOCD I' IN l[RVAL CONIOURS l BA No. I OAIE REVISION APPROV . W I S 76 711. 8 /()CI{ • .t ,ors,,, -75. 8/0CI< J , 11/CGINS lNCl.[WOOO GIIROCNS ~o-·r.·., E''•.,•t'o11 ""lJ A rrn IN me NE 1/4 or IHE N£ 1/4 SCCnoN J. f's. II 63 W, 6th PM ... ._. 67 .. f/lii .. ~ fl c m OF ENGI..EWOOO. ARI.PAHOf. COUN rY. COi.OR~-c.., l•e. Ct lrN I .. rRCOCRICT< ROSS COMPANY · lJO 17th SrRffT. SUlrl" 500 DENVCR, COi.ORA/JO IKJ202 (JOJ}_ 260 -•Jl B • • -- .-- IJIOD (. "tAINMIO AVl ., SUII( Ill ,.,._,, co . aoou (Mil) .J11 n11 t -MIO Ut 1!1!10 • • ~ - ]- • ' '-, '-' -, I • • ~t ~.tl ll ~'?N(}I -~----"'--' ... ' __ ....:::;:~:..:.+4-< zs ·., ,., •• - 1 ' ( () ~~ i\. ~~ ... ~ ,,:> ... ''"'"' :.f r -.. "' ~ ~ ' ;., 7' \, "" • ~ ~ I ~ ;i ' ~ ., &, ~ ,, : ,._! ;:\ ./ II . "' "~ :/;, .,I!.,: 'II "' ~~~ .,.,, .. "' ~· .~ 9 ,. G\:] HI VH~ • ,fll/'t,{ )..377V , q l <') I I ( ;',) " (.) ~ " y I:• ti: ; , . " ~n ~ I "' . , 'ii: " ,, ~~ < .'iL > ~ (\) I ~ 1 ~ ,, ,,, ,,i ~ ';' •.. ~ " , .. a, ~ ! • \ ~ . " ": •, ( ,> ; ~l . " ·: ' " ... ,, .. • I 0 . ' . I • 0 2X •,. N0/1 IGG'tl S N3Gt:J't/D GOOM37DN3 SNIDDIH A~IA\~«n~ :ililJl.UJl.. @fAfl\!Jil ~~~\!? I W J1.. il\!J • .. 86 -L-6 : •1•a ()M(J]JNVld\:J]d\ · •l!J NWl!:l]l'll'W . •e pa~aoq;i l;J . , ___ NWt_!:1_3_1'1_1'W_-,-=_•_e -:ua-•J_a, Ui NVl'f!:131'11'W · •e paAaA.JnS ,OZ =. I : •t•>s .• ' ' < ' ., . l N .J i' l :. ~, .. ' : ·: () ·' 1• i . ~-: ., ) I • 0 X I .. , ~ ORDINANCE NO._ SERIES OF 2000 • ,,,-- • • • BY AUTHORITY A BILL FOR .. COUNCIL BILL NO . 51 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE AMENDING TITLE 3, CHAPTER 6, SECTION 7, SUBSECTION 7, OF THE ENGLEWOOD MUNICIPAL CODE 1985, INCREASING THE BENEFITS FOR RETIRED MEMBERS AND BENEFICIARIES OF THE ENGLEWOOD NON-EMERGENCY EMPLOYEES RETIREMENT PLAN BY 3%. WHEREAS, Ordinance No. 70, Series of 1999 authorized a 3% increase to the monthly benefits of Retired Members and Beneficiaries whose payments commenced prior to January 1, 1999 effective January 1, 2000; and WHEREAS, the City Council of the City of Englewood , Colorado passed Ordinance No . 40 , Series of 1999, amending Title 3-6 of the Englewood Municipal Code and allowing a Deferred Retirement Option Plan (DROP) benefit for the participants of this Plan; and WHEREAS, the Englewood City Council reviewed the poBSibility of a retiree increase when Ordinance No . 40 , Series of 1999 was reviewed in Study Session on September 8 , 1998; and WHEREAS , the adoption of this Ordinance will provide a three percent (3%) increase in retiree benefits on January 1, 2001 for the No n-Emergency Retirement Plan members and beneficiaries retired a s of January l , 2000; and WHEREAS , the Englewood Non-Emergency Retirement Board recommended approval of a three percent 3% increase to the monthly benefits of Retired Members and Beneficiaries retired as of January 1, 2000 to be 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 : -1- , . ' ~ . .. • ) •· 0 • • • • • .. COUNCIL COMMUNICATION Date Agenda Item Subject June 26, 2000 A bill for an ordinance increasing City of Englewood 10 a i NonEmergency Retirement Plan retirees benefits by three percent (3%). Initiated By Staff Source City of Englewood , Administrative Services Frank Gryglewicz, Director Department COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has not discussed this specific increase. but has reviewed and approved other increases in the past. RECOMMENDED ACTION The NonEmergency Retirement Plan Board recommends the City Council approve the attached bill for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance provides a three percent (3%) increase in retiree benefits on January 1, 2001 for the NonEmergency Retirement Plan members and beneficiaries retired as of January 1, 2000 . The Plan provided increases in retiree benefits of three percent (3%) on January 1, 2000 and three percent (3%) on January 1, 1996 . FINANCIAL IMPACT Based upon current assumption the cost will be approximately $22 ,000 per year, but the current level of funding (5%) will support this benefit increase . LIST OF ATTACHMENTS Proposed bill for an ordinance ., • ) I· 0 • • -• " • ,. • -.. Sect.ion 1. The City Council of the City of Englewood. Colorado hereby gives approval of a 3% increase for Retired Members and Beneficiaries by amending Title 3 . Chapter 6 , Section 7, Subsection 7, of the Englewood Municipal Code 1985, which shall read as follows : 3-6-7-7: INCREASED BENEFITS FOR RETIRED MEMBERS AND 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 Januap• l 2001 all members and beneficiaries whose pavments comm~ before Janua ry 1 2000, sha ll receive a three percent (3%) increase in their pension paymcoY! sulpcct to future adjustment as determined by the Board . Introduced. read m full, and passed on first reading on the 26th day of June , 2000. Published as a Bi ll for an Ordinance on the 30th day of June , 2000. Thomas J. Burns. Mayor A'M'EST : Loucrishia A. Ellis, City Clerk 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 an Ordinance, introduced, read in full, and passed on first reading on the 26th day of June . 2000. Loucrishia A . Ellis -2- • I • 0 - • • • ORDINANCE NO. SERIES OF 2000 • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING A.ND AUTHORIZING THE EXECUTION OF INTERGOVERNMENTAL SUBGRANTEE AGREEME. T FOR THE 2000 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD. WHEREAS, the City Council approved the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by passage of Ordinance No. 39, Series of 1994 covering the City's participation in the Arapahoe County C .D.B .G. Entitlement Program as extended by Amendment No . l. for funding years 1998 through 2000 ; and WHEREAS, the Englewood City Council passed Resolution o. 101. Senes of 1999 supporting Housing and Community Development that authorized submitting a n application for 2000 CDBG funding ; and WHEREAS , the proj ect by the City of Englewood known as the ··so uth Platte River Open Space Plan ProJect" has been categorized as a Planning proiect: and WHEREAS, the City of Englewood may proceed to incur costs for tlus proiect up on receipt of an official "Notice to Proceed" from Arapahoe County ; NOW, THEREFORE . BE IT ORDAINED BY THE CITY COU NCIL OF THE CITY OF ENGLEWOOD . COLORADO, THAT : Sectjon 1. The Subgrantee Agreement for the 2000 Arapahoe County Commuruty Development Block Grant Program with Project. ·ame '"So uth Platte River Open Space Plan", is attached hereto as Exhibit A.. Sectjon 2. The Subgrantee 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 • • -. ,... . • • - COUNCIL COMMUNICATION DATE: June 26, 2000 AGENDA ITEM SUBJECT: Intergovernmental Agreement 10 a ii INITIATED BY : Community Development STAFF SOURCE : Janet Grimmett . Housing Finance Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: Council passed Ordinance No. 39 , Series of 1994 , that was extended by Amendment No. 1 dated August 5 , 1997 relating to participation in the Urban County Entitlement Program for CDBG and HOME funds for 1998 through 2000 ; and , passage of Resolution No . 101 , Series of 1999 supporting Housing and Community Development that authorized submitt ing an application for 2000 CDBG funding RECOMMENDED ACTION: Approve a Bill for an Ordinance authorizing the execution of In tergovernmental Subgrantee Agreement for the 2000 Arapahoe County Commun ity Development Block Grant Program between the Arapahoe Board of County Commiss ioners and the City of Englewood for another approved project. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED: The Federal Community Development Block Grant (CDBG ) Program provides grants to un its of local government and urban count ies to meet hous ing and commun ity development needs . The objective of the Program is ach ieved through projects developed by the local government . that are designed to give priority to those activities that benefit low and moderate-income families . Funds are allocated by statutory formula to each entitlement area . Arapahoe County is an approved entitlement area . The grant funds are distributed on a formu la bas is to participating cities within Arapahoe County . For FY2000 , another project was approved : $25 ,000 to support the South Platte River Open Space Planning Study FINANCIAL IMPACT: The existing employees in Community Development are ava ilable to admin ister the projects and their salaries and benefits are part of the City's contribution . The City will utilize a portion of the CDBG funding (est. $10,000) to partially offset the costs of those salaries and benefits . LIST OF ATTACHMENTS: Bill for an Ordinance . • . ' I· 0 - • • • ~ ,,,-. • ........ .. • -' Published as a Bill for an Ordinance on the 30th day of June , 2000. Thomas J . Burns, f',fayor 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 26th day of June , 2000. Loucrishia A. Ellis -2- ' 9 , . . , I. 0 • • -. .,--- • • -' SUBGRANTEEAGREEMENTFOR 2000 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS SUBGRANTEE: CITY OF ENGLEWOOD PROJECT NAME: SOUTH PLATIE 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 SubGrantee) 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 Jiving environment and expanding economic opponunitics, 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 Arca Benefit activities . The SubGrantee 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 support 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 0-C. The panics expressly recognize that the SubGrantec is to be paid with CDBG funds received from the federal government, and that the obligation of the County 1 • E )< .. I • I T A I . 0 • • • .---·· • • - to make payment to SubGrantee is contingent upon receipt of such funds. In the event that said funds, or any part 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, any financial obligation of the County to the SubGrantee beyond the current fiscal year is also contingent upon adequate funds being appropriated, budgeted and otherwise available . 8. Timeline All Project activities will be completed by June 15, 2001 unless this Agreement is modified by mutual agreement of the County and SubGrantee. C. Performance Criteria In accordance with the funding application submitted by th e SubGrantee for the Project. the criteria listed below are to be met during the execution of the Project. I . Quantifiable Goals: The SubGrantee will secure the services of an individual or agency specializing in open space planning who will perform the first two of five phases of the open space planning process for the Englewood South Platte River corridor (see map. Exhibit B). The fir st phase require s the completion of an existing land use inventory, which is to establish ) 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 proces s. 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 planning process (visioning, option development, and plan implementation). 2. Community Impact: Through completion of the five phase planning process , the SubGrantce 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 participation 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 wrinen 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. Department of Housing and Urban Development for monitoring purposes . 3. Project Milestones: 2 • I • 0 - • • • •,. June 30, 2000: September 30. 2000 : December 3 I , 2000: March 31, 2001 : June 15, 2001 : D. Reporting Requirements • • - No requirements established No requirements established Begin Phase I (land use inventory) Complete Phase I (l and use inventory) Begin Phase D (outreach and consensus building) Complete Phase D (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 da ys after completion of the Project. 4 . The official annual audit and/or Financial Statements for the SubGrantee in which both revenues and expenditures for the CDBG Projects described herein are detailed are due annually . E. Labor Standards (Davis-Bacon) It is determined that: Project does 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 Unifonn Relocation Act. H. Lead Based Paint Hazards Project activities do not require compliance with federal lead based paint reduction regulations. 3 • I • 0 - • • • • --- • • • ... m. RESPONSIBIL~ OF THE SUBGRANTEE A. Federal Compliance The SubGrantee 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 : I. 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(b ) and 109 of the Hou si ng and Community Development Act of 1974 : 6. Fair housing regulations established in the Fair Housing 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 90-44: 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 established 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 accordan ce with 24 CFR Part 570. no employee , official. agent or consultant of the SubGrantee shall exercise any function or re sponsibili ty 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 Fed eral Procurement or Nonprocurement Programs . B. Non-Appropriations Clause The SubGrantee agrees that it will include in every contract it enters, which relies upon C DBG monies for funding, a non-appropriation clause that will protect itself and the County fror any liability or responsibility or any suit which might result from the discontinuance of CDBG fu1 ding for any reason. Because thi s 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 - • • • • . .... • -.. the federal statutes control rather than the provision s of Section 24-91-103 .6 , C.R.S . w ith re gard 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 arc identified for the SubGrantee's Projects and activities, shall be all ocated to the specific projects and activities described and listed in the grant agreements. The allocated fund s shall be used and expended only for the projects and acti vitie s for which the fund s 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 revi sed Final Statement and/or Consolidated Plan by HUD . if required . Changes must be requested in writin g and may not begin until a modification to thi s Agreement is fully executed . E. Direct Project Supervision and Administration The SubGrantee shall be re sponsible for the direct supervi sion and admini stration of it s 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 respon sible for an y injury to person s or dam age to property resulting from the negligent acts or errors and omi ss ion s of its staff, agents and employees. Because the SubGrantee is responsible for the direct supervis ion and admini stration of its proj ects or activities , the County shall not be liable or respon sib le fo r cost overrun s by th e SubGrantee on an y projects or activities. The County shall have no du ty or ob ligati on to pro vide an y addi ti ona l funding to the SubGrantee if its projects or activities cann ot be completed with th e funds all oc ated by the County to the SubGrantee . Any cost overrun s hall be the ol e re spon s ib ility of th e SubGrantee. F. l. The SubGrantee agrees that all funds allocated to it for approved projec ts or acti vities shall be used solely for the purposes approve d by the County. Said fund s shall not be used for any non-approved purposes . 2 . The SubGrantee agree s that the funds alloc ated fo r an y appro ved projects or activiti es shall be sufficient to complete said project s or ac tivitie s without any additional CDBG funding . Indemnity To the extent allowed by law, the SubGrantce shall indemnify and hold hannless the County and it s elected and appointed officials , officers. employees and agents from and against any and all losses , damages, liabilities . claim s, suits, actions or costs. including attorneys fees, made, asserted or in curred as a result of an y damage or alleged damage to person or property 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 Iru,11rance If the SubGrantce'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 Named Insured i. 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's 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. Underwriters shall have no rights of recovery subrogation against Arapahoe County or the SubGrantee; it being the intent of the parties that the insurance policies so effected shall protect the parties and be primary coverage for any and all losses covered by the described insurance . b. 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 ,,-. • • -' ' c. The insurance companies issuing the policy or policies shall have no rec ourse again st Arapahoe County or the SubGrantee for payment of an y premiums due or for any assessments under any form of any policy. d . An y 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 thi s Agreement until he has submirted to th e SubGrantee, received approval thereof, certificates of in surance showin g that he has complied with the foregoing insurance requirements . The SubGrantee shall al so submit a copy of the Contractor's certificates of insurance to the County . 6 . Notwithstanding the provisions contained in thi s paragraph (H) set forth hereinabove, the County reserves the right to modify or waive said provi sion s for projects or activities for which these provision s would prove prohibitive. The SubGrantee understands , however, that th e deci s ion to waive or modify tho se provisions is fully within the discretion of th e County. In accordance with 24 CFR parts 84 and 85, the followin g bonding requ irements shall apply to all projects exceeding the simplified acqui sition threshold : 1. A bid guarantee from each bidder equivalent to 5% of the bid price ; 2. A perform ance bond on the part of the co ntractor for I 00% of the contract price : and 3 . A payment bond on the part of the contractor for 100% of the contract price . H. Records The SubGrantee shall maintain a complete set of books and records documenting its use of CDBG funds and its supervision and administration of the Project. Records are to include documentation verifying Project eligibility and national objective compliance, as well as financial and other administrative aspects in vo lved in performing the Project. The SubGrantee shall provide full access to these books and rec ords to the County , the Secretary of HUD or hi s designee , the Office of Inspector General , and the General Accounting Office so that compliance with Federal law s and regulation s 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 th e te rm 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 fil e all reports and other information necessary to comply with applicable Federal laws and regulati ons 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 .-----------------.. • 0 I • 0 - • • • --· • • • 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 the County can distribute any 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 SubGrantec is requesting at that time. The County shall have ten ( I 0) working days to review the request. Upon approval of the request. the County will distribute the requested funds to the SubGrantec as soon as possible. L. Prop'lun Income AJI program income directly derived from the Arapahoe County Community Development Block Grant Program received by the SubGrantec will be retained by the SubGrantec and will be dispersed for its approved CDBG Project activities before additional CDBG funds are requested from the County. Following completion of the SubGrantee's Arapahoe County CDBG Projects, all program income directly generated from the use of CDBG funds will be remitted to the County . M. Asset Management 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: N. I. OR Be used for an eligible CDBG activity, as determined by the County, for a minimum of five (5 ) ye ars following completion of the SubGrantee's projects ; 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 following completion of the SubGrantee's projects . State and County 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 provi s ions of thi s Agreement shall apply to any subcontract. Q. Suspension or Tennination This Agreement may be sus pended or terminated by the County if the SubGrantee materially fail s to comply with any term of thi s Agreement. This Agreement may al so 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 SubGrantcc certifies that to the best of its knowledge and belief: I. No Federal appropriated funds have been paid or will be paid. by or on behalf of it, to any perso n 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 connec tion 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 fund s 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 with this Federal contract, grant, loan , or cooperative agreement, it will complete and submit Standard Form-UJ.., "Disclosure Form to Report Lobbying," in accordance with its instructions . T. Disallowance 9 • I· 0 • • -. -· • .. • - If it is determined by HUD or other federal agency that the e xpenditure , 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 SubGrantee 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 . 8. Pelformance and Compliance Monitoring The County's administrative obligation s to the SubGrantee pursuant to paragraph A above shall be limited to the performance o f the admini strative tasks necessary to make CDBG funds available to the SubGrantee and to provide a Monitoring Specialist who se job it will be to monitor the variou s projects funded with CDBG monies to monitor compliance with applicable Federal law s and regulations . C. Reporting to HUD The County will be responsible for seeing that all neces sary reports and information 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 supcrcedes 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 portion of this agreement is found by a court of competent jurisdiction 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 I . 0 • • ~ ,,-- • 1· .. ... • -' In Witness Whereof, the Parties have caused this Agreement to be duly executed this _____ day of --------------· 2000. SubGrantee: _____ C""i._ty....._of._E=n.,.gl,..e .... w ... ood==-------- 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 Number 000119 11 ' & ., .. • I I· 0 ' '> • ... ... • - EXHIBIT A PROJECT BUDGET COLUMN A COLUMNB COLUMNC COLUMND P.,.Ject--TacalCootel CDBGFundl Oilier-~ ~loflatlma) AdlTily ""-1(1-lin...-y) $7.000 S7 .000 so Phac D (ouaach and consensus $18.000 SIS.000 so buildin&) Phac ID (visioning) $9.700 so $9.700 "'-IV (oplion~) $10.800 so SI0.800 ""'-V (plan imf,lanonmion) SI0.800 so SI0.800 TOTAL: $56.300 $25.000 $JI .JOO • •· 2 I - • • -• ORDINANCE NO ._ SERIES OF 2000 . . •' .,,,.-· ... • .. • - BY AUTHORITY A BILL FOR ... CO U NCIL BILL NO . 54 INTRODUCED BY CO U NCIL MEMBER~~~~~~~ AN ORDINANCE AMENDING TITLE I, CHAPTER 6, SECTION 2: CHAPTERS GB , GD 6F, 6G, 6H, 61 AND GJ ; OF THE ENGLEWOOD MUNICIPAL CODE OF 1985 PERTAINING TO DEPARTMENTAL ORGANIZATION. WHEREAS , the scope of businesses change from time 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 keep up with the changing conditions and technology by reorganizing where necessary . NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO U NCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT : Section 1 Title 1, Chapter 6, Section 2 -DEPARTMENTAL ORGANIZATION , Englewood Municipal Code 1985, is hereby amended as foll ows: A. The departmental organization of the City shall be divided under the City Manager into the following departments: AMlltieiaWati • e 8ePYiees Community Development Finence and Adrnioievatixe SeDises Human Resources JpfQPPRtiPP Ieshno]pgy Library Services Parks and Recreation Public Works Safety Services Utilities .. I • 0 • • -. ,, -· • ., • - COUNCIL COMMUNICATION Date Agenda Item Subject Title 1 Amendment June 26, 2000 10 a iii Departmental Organization Ordinance Initiated By City Manager's Office I Staff Source Gary Sears , City Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In May of 1990, Council approved Council Bill 18 , Series of 1990 , creating the Department of Administrative Services by combining information technology functions with employee relations . In early 1999, the information technology functions were moved to the Department of Financial Services . A proposal to create a department devoted solely to information technology was discussed at the May 6, 2000 City Council Retreat. RECOMMENDED ACTION Staff seeks Council support of a bill for an ordinance amending Title 1 of the Englewood Municipal Code regarding the organization of City Departments . The ordinance would create a new department in the organization to be known as "Information Technology ." The ordinance would also re-name the "Department of Administrative Services " to the "Department of Finance and Administrative Services· to better reflect the department's functions . BACKGROUND, ANALYSIS AND ALTERNATIVES IDENTIFIED In order to keep up with the changing pace of technology , staff feels it is necessary to have the City 's Information Technology functions concentrated in one department. Information technology currently falls under the jurisdiction of the Department of Financial Services. The proposed ordinance calls for the creation of a new department that encompasses information technology and telecommunications functions . The department will be responsible for maintaining the City 's computers , network systems , and telephone services . FINANCIAL IMPACT There are no financial impacts foreseen as a result of this ordinance. LIST OF ATTACHMENTS Proposed Bill for an Ordinance . " . ) I· 0 -- • • • ,,. . G ., G - B. Reference to a d epartment director in this Code by any title other than set for t h in this Section shall be co ns trued to refe r to the department director as set forth herein . C. The City Mana ger may , on a temp orary basi s . reassign duties and re sponsibilities to d epartme nts m the best interests of the City. Section 2. Title l , Chapter GB . of the Englewoo d Municipal Code , is her eby amended by deleting the Departme nt of Adm1rustrative Sernces, as follo ws: .\RTICbl!: 8: Ql!;PART'-ll!;l>,T Of .\m,mJ:IeTR,\TPQO; el!;R'.ICl!;e ~: CJ;;NERAI. Rl!;ePO>'e181blTI1!;e: The Qe!lMtme,tt efAemi,netrau,e eepuiees ehall ee reB!lB8eil!le fer tli e ei, teie8e ef Re le811e , 811eget .. '.eee118ti8g . P1>Peliaei.8g a8e City Clerk . It eh811 ee the e11t) ef the meeter ta 8et 88 K1 Offie1e Ci~ Tre801>Per 88e fie88ee Qipeeter fer !lllP!l88ee ef et8t.e etet11tee : te eet te !lremete , see11J<e 888 !lPesep, e tlie H888eial 888 !lPB!ler~ 18tereete ef th e Ci~ ie eH ea ses here the e lity ie 88t e!f!lPessl, ehMgee te 88!Y ether ee!lltPl1Be8t er effiee. Section 3 . Title 1, Cha pter GC . Englewood Municipal Code. is her eby amend ed by renumbering to Chapter GB, as follows : ARTICLE C ~; DEPARTMENT OF COr.Th1 UJ\l1 TY DEVELOPME NT 1-GC 11.-1: GENERAL RESPONSIBILITIES: The De partment of Commuruty Development shall be re spo n sible for he formulation, administration and implementation of all planning, environm enta l. housi ng , health . sarutat io n a nd redevelopment programs within the City and shall e nfo rce co des rel a ting to s aid programs: s hall assist the City Planning and Zoning Commission in preparation of the :11aster Plan for the phys ical. social and economic devel opment of the City ; sh all in pect s ubdiV1sion plats fo r compliance with the Subdivision Code ; a nd s hall assist the Board of . .\dJustment a nd Ap pe a ls by providing information a nd r eco mm e nd ations on matter co n,;1de r ed by sa id Board . Section 4. A Department of Finance a nd Adm1rustrat1ve Se rV1 ces is here by created and numbered as Title l , Chapter GC , Englewood '.\1uru c1pal de . to re a d as fo ll ows : ARTICLE c . DEPARTME NT OF FINANCE ;\NP @MJ:>,1 STRATJVE SERVICES 1·6C•l : GENERAL RESPONSIBILITIES : The Penartment of fiaaose and Admioi5trative Seryices sha 11 he resnon sabl e for the divisions of Reve nue Budget Ac;c;ount10K Purchasing Print Sh22 and Citx Clerk It shall be the dutv of the D1rertor to act as ex officio CitY Treasurer and Finance Direcw r for the nurnoses of Stat.P Statu1&5· to act to Promote secure and oreseD'e the fio?ocial and nronertv interests of the Citv in all c?ses where the dutx is not exnresslv charged to anv other denartment of dena rtment or office Section 5 A Departme nt of Information Tec hnology is hereby created and numbered Title 1-GE . Englewood Mumcipal Code , to read a s follow s : ARTICLE E PEP:\RTMENT OF INFORMATION TECHNOLOGY 1 .. ftE .. J· GENERAl1 RESPONSIBII IIIES The Denartment oflnfngpation Technnlogy shall he resnoo,ihle for 1of2rmat100 technology and telecommunicatinn isHues 2 I • • • • '. ,, ,. ,... . • • - Sectjon 6. Title 1, Cha p t er E . Department of Librar y Se r vi ce s , is amend ed by renumbering as Title 1-GF , as follows : ARTICLE E f . DEPARTMENT OF LIBRARY SERVI CES 1-6-E f-1 : General Re s pon sibilities. ,, Section 7. Title 1 Chapter I, Englewood Municipal Code. Department of Parks a nd Recreation, is hereby ame nded by renumbering Title 1, Ch apter G , to r e ad a s foll ows: 1-Gl G-1 DEPARTMENT OF PARKS AND RECREATIO N. Section 8. Title 1, Chapte r F . Public Work s . is hereby a m e nded by renumbe ring as Title 1, Chapter 6H, Englewood M unicipal Cod e 1985, t o r ead a s fo ll ows : ARTICLE l!li: PUBLIC WORKS 1-61! li·l : GEJl,'ERAL RE S PO NSIBILITIES: The De pa r tment of Public Works s h a ll be responsible for all matter s r e la ting to co n s truct ion . ma n agement, m a intena nce a nd operation of the physical p r o perties of the City , including. w ithou t limit ation , street a nd s urface drainage maintena nce , traffic systems, central ga r age fa cilities. e n gi neering,~ a nd building maintenance: t h e administration, de s ign , inspection a nd co ordination of the capital improvement progra ms of the City, as well as the co ntra ct administra tion with reference to t he review of s pecifications ; the providing ef.leg al de scriptions a nd s urveys when necess ary or required ; Mi pre.l'ille PROVIDING es t im ates of value relating to real property and Yte PROVIDING preliminary investigation s r elat ing to ownership of land and building safety. Section 9 Title 1, Cha pter 6G · DEPARTMENT OF SAFETY SERVI CES . Engle wood Municipal Code 1985, is hereby amended by renumbering to Title I. Cha pter 61, to read as follows ; l -6Gl· l : GENERAL RESPO NSIBILITIES: The Dep a rtm e nt of Safet y Services s ha ll oversee all police functions , including patrol, investigation s , the Re serve Poli ce Forc e . administration. community relations, appointment of Specia l Police , and a mmal co ntrol: and all fire functions , including suppression, prevention, a dministration , re sc ue a nd ambulance services, enforcement ofregulatory provisions, fo rmulate and control a h a zardous materials community response pl a n. training and vo luntee r s ; a n d all ce ntral communications. The titles "Director of Sa fet y Services" and "Safety Services Direc tor·· are sy nony mou s with "Chie f of P olice", "Police Ch ie f ', "Chiefof Fire", and "Fire Chief' for a ll purposes unde r t h e a pplicable laws of the Sta te of Colorado a nd the United Stat es of Ame rica . Sectjon JO . Title 1, Chapter 6H -DEPARTMENT OF U TILITIES, Engle wood Municipal Code 1985, is hereby amended by renumbering to Title I , Chapter 6J a s follow s : 1-GHJ -l ; DEPARTME NT OF UTILITIES: 1-GHil·l : GENERAL RE S PONSIBILITIES: The Department of Utilities s hall 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 • • ,,,-·· • • • .. matters relating to the management, maintenance, and operation of the Bi-City Wastewater Treatment Plant. .. $ection 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. $ection 12 Severabjljty. If any clause . sentence. paragraph. or part of this Ordinance or the application thereof to any person or circumstances sh a ll for any reason be adjudged by a court of competent jurisdiction invalid, such judgment s hall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. $ection 13 Inconsistent Ordinances 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. $ection 14 Effect of repeal or modi,ficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not rele ase , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal. which shall have be en incurred under such provi s 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 any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or proeecutions. $ection 15 fenahv. 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 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. Thomas J . Burns, Mayor A'M'EST: Loucrishia A. Ellia, City Clerk I , Loucrishia A . Ellia , 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 26th day of June, 2000. Loucrishia A. Ellis 4 . ' I • 0 • • • ORDINANCE NO. SERIES OF 2000 ·,· ~ ,,-. • • - BY AUTHORITY .. COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "18™ JUDICIAL DISTRICT JUVENILE ASSESSMENT CENTER INTERAGENCY AGREEMENT'' AUTHORIZING ALL AGENCIES PARTICIPATING IN THE JUVENILE ASSESSMENT CENTER TO PROVIDE AND SHARE INFORMATION WITH EACH OTHER CONCERNING JCVENILES WHO PARTICIPATE IN THE ASSESSMENT AND INTERVENTION PROCESSES CONDUCTED BY THE JUVENILE ASSESSMENT CENTER. WHEREAS, the Juvenile Assessment Ce nter was cr eated as one solution to the problems of fragmentation of juvenile services, lack of centralized information on juveniles· contacts with law enforcement and other juvenile justice agencies, a nd the lack of alternatives to referring juveniles into the juvenile justice system by the filing of delinquency petitions ; and WHEREAS , the mission of the 18'" Judicial District Juvenile Assessment Center is to provide a coordinated. multi-agency, single entry site which contributes to the safety of youth , families and co mmunity through early intervention. comprehe ns ive assessment and improved access to appropriate services: and WHEREAS , all information received by a n authorized recipient s hall be kept confidential by the re c1p 1e nt and shall not be further r e le ased except to other authorized recipients : a nd WHEREAS. the Juve nile Assessment Center will assist law enforcement and the juvenile justice system by maintaining a centralized database of law enforcement contacts, sc hool disciplin ary actions and referrals into intervention services. in order to improve decision making regarding the need for arrest, inca rceration, community services a nd legal conseq uences for t he juve niles; and WHEREAS , the Juve nile Assessment Center will furt her assist law enforcement by providing centralized booking and temporary care of juveniles until their pare nts are able to take custody of them , so that offi ce r s ca n mor e quickly return to their duties; and WHEREAS. the goals of the Juvenile Assessment Center are to coordinate and centralize the collection of assessment and background information regarding juvenile offenders , eliminate the duplication of the information collected by individual agencies, provide integrated. detailed assessments of juveniles and their families , reduce involvement of juveniles in the juvenile justice system . improve decision-making concerning arrest, incarceration, intervention and consequences and provide more timely and appropriate referrals of juveniles for services ; and -I - • . ., .. 10 bi I • 0 ] I • • _,-. • • -.. WHEREAS , there is a need for the District Attorney's Offi ce, a ll poli ce a ge ncies within the 18'" Judicial District, the Proba t ion Dep a r t m e nt, the Dep a rtments of Human S e rvices , the Division of Youth Correction, the Senate Bill 94 Programs, public mental health agencies a nd the school districts to provide a nd share with each other pertinent information concerning juveniles who part1c1p a t e in the assess ment and intervention processes conducted by the Juve nile Assessm e nt Ce nter; and WHEREAS, the Color a do Children's Code, Section 19 ·1·30 4, C .R.S ., limits those persons and agencies t hat are allowed access to juvenile de linquency records without court orde r ; and WHEREAS, access to school records without court order is limite d by both 20 U .S .C . S e ction 1232(g)(a)(l)(A) and Section 24· 72·204 , C .R .S .: and WHEREAS, this limite d access of inform a tion inhibits decis ions whi ch will b est serve the interests of t h e juvenile and the co mmunity; a nd WHEREAS , the City of Englewood pa r tici pated in the developme nt and implementation of the 1s•• Judicial Di s trict's Juvenile Assessm e nt Ce nte r Project along with approxim a t e ly forty public a nd private, a ge n cies, i ncluding law enforceme nt, schools, human services, menta l hea lth age ncies, the Distri ct A ttorney 's office. probation, the Division of Youth Corrections and municipal a nd county governme nts to provide a n effective , coordina ted interve ntion for juvenile who a r e at risk for involvement or who are involved in the juvenile justice s ys tem ; and WHEREAS, this project is a multi·agency collaboration which would not exist without the strong suppo rt and guidance from the various participating agencies; and WHEREAS . interage ncy agreement for the release of i nformation has been reviewed and approved by Chie f Judge Kenneth Stuart and the 18 "' Judicial District Manage m e nt T eam : a n d WHEREAS , the inter a gency agreement will be signed by all participating agencies demons tra ting their con t inued commitment to the Juve nile Assessment Center; NOW , THEREFORE, BE IT ORDAINED BY THE CITY C OUNCIL OF THE CITY OF ENGLE WOOD , COLO RADO , AS FOLLOWS : Sect1 on l. The "JSTH J udici al Di s trict J uve nile A ssessment Ce nte r lnteragency Agreeme nt" attached her e to a s "Exhi bit A ," 1s h e r e by acce pted and approve d by the Englewood City Council. Se ctjo n 2. The Director of Safety Services is a uthorize d to e xe cute the "1s•• Judicial District Juvenile Assessment Center Interagency Agreement" for and on behalf of the City of Englewood, Color a do . Introduced, read in full, and passed on first reading on the 5th day of June , 2000. -2- • I • 0 • • . •,, ,. -• • - Published as a Bill for an Ordinance on the 9th day of June , 2000 . ... Read by title and passed on final reading on the 26th day of June , 2000 . Published by title a s Ordinance No._, Series of 2000 , on the 30th day of June , 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 the Ordinance passed on final reading and publiabed by title as Ordinance No. _, Series of 2000. Loucrishia A. Ellis -3- ., ) I • 0 2 - • • -• • .. • - 18'h Judicial District Juvenile Assessment Center Inter.agency Agreement The mission ohhe 18 1b Judicial District Juvenile Assessment Center is to provide a coordinated, multi-agency, single entry site which contributes to the safety of youth, families and the community through early intervention, comprehensive assessment and improved access to appropriate services. Goals for tbe ceater iaclades: • Identify at-risk and de li nquent youth in the community in need of intervention • Enhance public safety through identification. comprehensive assessment. intervention and service referr:1ls for at-risk and delinquent youth • Provide a single point of entry for law enforcement. including j uvenile booking and intake procedures, allowing them to return to their other duties in a timely manner • Increase coordination of information and serv ices • Utilize an individualized approach tailored to ob ta in positive outc omes fo r yo uth. families and the community • Increase effectiveness in the use of limited res ourc es th ro u2h the eli minat io n of duplication o f effort and enhanced ac ;ountab iliry - • Facilitate bener working relationships ben-een agenci es ser, ing yo uth . fam ili es and the community • S.:rve as a resource to the community concerning yo uth re lated issues and :;er, ices Ia order to accomplish the 1oals of the Juvenile Assessment Ceater. a coordinated effort of service provisioa for youth aad families in tbe 18111 Judicial District is criric:al. Tberdore. eacb agency involved in tbe implementarioa oftbe JAC agrees to tbe following: •:• Comm it to sending staff to JCE . .\ Coaliu orv~lanagement Team meet ings fo r on-going partic ipat ion in the implementation of the JAC •:• Comm it to us ing a group decision mak ing :ind co nfl ict resolution process •:• Assist in the coordinat io n of serv ices fo r the facility •:• Release and exchamze information in accordance with the Chief Jud2e ·s directive and through the use of a~ appro ved release of informat io n - By signing tbis agreement, tbe following agency hereby commits to support the 18'h Judicial District Juvenile Assessment Center Project. • .. .. • I ii I • 0 ..... • • -. ORDINANCE NO . SERIES OF 2000 • • - BY AUTHORITY .. COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ADMINISTRATIVE ORDINANCE REPEALING TITLE 5, CHAPTER 29, "SECONDHAND STORES" AND AMENDING TITLE 5, CHAPTER 15, SECTION 1, TO INCLUDE "SECONDHAND DEALERS"; RENUMBERING TITLE 5, CHAPTER 29, SECTION 3, "SALE AND DISPLAY OF WEAPONS " AND AMENDING TITLE 4, CHAPTER 4, SECTION 2. ENTITLED '·DEFINITIONS" AJ\'D TITLE 4, CHAPTER 4 , SECTION 4, SUBSECTION 3(B), ENTITLED "EXEMPT TAXPAYERS : GARAGE SALES", AMENDING TITLE 5. CHAPTER 15 , TO IN CLUDE SECONDHAND DEALERS AND AMENDING TITLE 7, CHAPTER 6 WITH THE ADDITION OF A NEW SECTION 5 ENTITLED "SALE AND DISPLAY OF WEAPONS"; AND AMENDING TITLE 7. CHAPTER 6(F), SE CTION 6 WITH THE ADDITION OF A NEW SUBSECTION C, OF THE El\GLEW OOD M N I !PAL CODE 19 8 5. WHEREAS, the Englewood City Counci l has meet a t a number of study sessions and passed ordinances to clean up , simplify and add to Title 5 of the Englewood Municipal Code; and WHEREAS, the passage of this Ordinance re peal Title 5, Chapter 29. which addresses issues surrounding garage sales , secondhand dealers and the sale of display of weapons: and WHEREAS, the City currently doe s not license garage s ales , secondhand dealers and weapons dealers . so the provisions are bemg moved to more appropriate Titles and Chapters in the Englewood. Muruc1pal Co de: NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sec;tjon ) . The City Council of the City of Englewood, Colorado hereby repeals Title 5 , Chapter 29 , of the Englewood Municipal Code 1985 in its entirety . Sect10n 2. The City Council of the City of Englewood , Colorado hereb y amends Title 5. Chapter 15 , of the Englewood Muni cipal Cod e 1985. to read as follows : CHAPTER 15 PAWNBROKERS AND SECONDHAND DEALERS 5-15-1: DEFINITIONS: AS USED IN THIS SECTION , THE FOLLOWING TERMS SHALL HA VE THE MEANINGS INDICATED : CONTRACT FOR PURCHASE: A contract entered into between a pawnbroker and a customer pursuant to which money is -I - ... 10 b ii I • 0 • • -• FIXED PRICE : FIXED TIME : LOCAL LAW ENFORCEMENT AGENCY: OPTION: PAWNBROKER: PERSON: POLICE DIVISION: PURCHASE TRANSACTION: ,.... . • , . • -' advanced to the customer by the pawnbroker on the delivery of tangible personal property by the customer to the pawnbroker on the condition that the customer, for a fixed price and within a fixed period of time. not to exceed ninety (90) days, has the option to cancel the contract and recove r from the pawnbroker the tangible personal property. The amount agreed upon to cancel a contract for purchase during the option period . Said fixed price shall not exceed: (1) One-tenth (1/10) of the original price for each month , plus the original purchase pnce. on amounts of fifty dollars ($50 .00) or over; or (2) One-fifth (1 /5) of the original purchase price for each month . plus the original purchase price. on amounts under fifty dollars ($50.00). That period of time , not to exceed ninety (90) days , as set forth in a contract for purchase, wtthin which the customer may exercise an option to cancel the contract for purchase. Any marshal's office , police agency , of sheriffs office with jurisdiction in the locality in which the customer enters into a contract for purchase or a purchase transaction. The fixed time a n d t he fixed price agreed upon by the customer and the pawnbroker in which a contract for purchase may be. but does not have to be , rescinded by the customer. A person regularly e ngaged in the business of making contracts for purchase or purchase transactions in the course of business. This Section shall not apply to secondhand dealers unless specifically adopted by another section . Any individual. fi rm , partnership, association, corporation. comp a n y, organization, group or entity of any kind . The Police Division of the Department of Safety Services for the City of Englewood . The purchase by a pawnbroker in the course of business or tangible personal property for resale, other than newly manufactured tangible personal property which has not previously been -2- .. ,. ) I • 0 - • • • ,--. • • - sold at retail, when such purchase does not constitute a contract for purchase. SECONDHAND GQQUS : Includes any tangible personal property not sold as new and normally having been used bv one or more intermediaries . Secondhand propertv doe s not include items that were sold as new and returned by the customer for exchange or refund . Also. secondhand property does not include reconditioned propertv purchased from a wholesaler. SECONDHAND DEALER : A person engaged in the business of buying and selling or r ese lling secondhand goods . TANGIBLE PERSONAL PROPERTY: All personal property other than chooses in actio n . securities. or printed evid ences of indebtedness, w h1 ch property is deposited with or othe rwise actua ll y delivered into the po sses sion of a pawnbroker in the course of business in connection with a contract for purchase or purchase transaction. 5-15-2: LICENSING REQUIRED : It shall be unlawful for a n y person to offer or provide the services of a pawnbroker without first obtaining a license . A secondhand dealer is not required to be licensed but is re quired to follo w any and all require m e nts in this Chapter . 5-15-3: APPLICATION FOR LICENSE: Pawnbroke r licenses shall be issued i n accordance with Chapter l, of this Title. 5-15-4: SPECIAL CONDITIONS AND RESTRICTIONS OF THE LICENSE : In addition to the requirements in Chapter l of this Title , the following special conditions or restrictions apply: A . 8. Every licensee s h a ll display a valid li ce nse in a co nspicuous place withm the pawnbrokers establishment so it may be readily seen by perso n s e nte ring the premises. LICENSE NOT TRANSFERABLE : Any li ce n se issue d pursuant to this Chapter shall n ot be transfe rable. Any s uch lice n se may not be transferred to either another p erson or a locatio n other than that listed in the lice nse application. Any change in the partne rs of a partne rship or in officers, directors , or holders of ten percent (10%) or more of the stock of a corporate licensee holding a pawnbroker license shall result in termination of the license of the partnership or corporation unless a written amendment to the original application is submitted within thirty (30) days of the change and approved by the Licensing Officer . -3- • • ) I • 0 - • • -• ---. • • - C . BOND REQUIRED : As part of t he li censing process. the applican t s hall furnish a good and s uffi cie nt bond in a s um t o be de termined by the City a nd se t by resolution. Such bond shall be co nditioned up on the faithful observance of the requirements of this Chapter a nd conditioned upon the safekeeping or return of all articles in pledge by such pawnbroker. D . INSURANCE REQUIRED : As part of the licens ing process , the a pplicant s hall provide fire and property damage ms urance for a ll property the pawnbroker holds by co ntra ct. in the m1mmum a mo unt of on e-half (1 /2) of s uch property's contracted value m case of damage or destruction . The a pp licant must provide the licensmg offi cer proof of u ch m s urance cove ra ge be fore a p a wnbroker li cense is issued . P roof of t his ins ura nce covera ge must be p r oV1ded each time a reques t for a renewal 1s fil e d with the licensing offi ce r . E . BACKGROUND INVESTIGATION : Applicants will be s ubJ ect to a police background inve t1gation as part of the application pr ocess. F . CHANGE OF OWNERSHIP OR MANAGEMENT : 1. A pawnbroker may e mploy a manage r to ope r ate the business. provided the pawnbrok er r eta:r-..s compl ete co ntrol of a ll aspects of the busi n ess. including but n ot limited to, the pawnbroke r 's right to p ossession of the premises. his/h e r re s pons ibility fo r all debts, and the p a wnbroke r mus t bear all ri s k of lo ss or op portunity fo r profi t from the business. 2 . In the event of a change of owne r , offi ce r , director, or holder of more than ten perce nt (10%) of the s hares of stock of a co rporate license holder, partner of a partnership, or manager ; di sclosure in writing by amendment of the original application for the issuance of a pa wnbroke r 's license thereof shall be made to the Licens ing Officer within thirty (30) days of the change . 3 .. Notwiths tanding any other provts1on of thi s Section . n either a new lice nse n or a n amendment to a n e x1 tmg li ce n se s h all be r eq uire d upon any cha nge , directly or be neficially, m the owne r s h.i p of a n y licensed pawnshop, which is ow ned directly or beneficially by a person that as a n issuer of a class of securities registered pursuant to Section 12 , of the Securities Exc hange Act of 193-l (the "Act") or 1s a n iss u e r of securities which is r equired to file re ports with t h e Securities and Exchange Commi ssio n purs u a nt to Section 15 (d) of the Act. prov ided t hat s u ch person fil es with the Co mm1 ss1oner such info rm ation . documents a nd reports as a re required by the provisions of the Act to be fil e d by s u ch issuer with the Securities and Exchange Commission . Such issuer s hall file with the Licensing Officer information on managers, officers a nd directors of s uch issuer of any licensed or intermedia te subsidiary as is otherwise required of managers, officers and directors of corporate pawnbrokers. 4 . The applicant or license holder s hall pay a fee for amendment of the application , which fee shall be determined by the City and set by resolution. The new manager s hall be photographed. fingerprinted and investigated as required in this Code . -4- • ,0 I • 0 ·]- • • • ,,.-. • • - G. REQUIRED ACTS: 1. A pawnbroker or secondhand dealer shall keep a numencal register in which shall be recorded the following information: the name , address, and date of birth of the customer; the customer's driver's license number or other identification number from any other form of identification which is allowed for sale of valuable articles pursuant to Colorado Revised Statutes; or for the sale of secondhand property pursuant to Colorado Revised Statutes: the date, time and place of the contract for purchase or purchase transaction: and an accurate and detailed account and description of each item of tangible personal property, including, but not limited to, any trade mark. identification number. serial number. model number, brand name . or other identifying marks on such property. the pawnbroker shall also obtain a wntten declaration of the customer's ownership which shall state that each piece of tangible personal property is totally owned by the customer, or s hall have attached to such declaration a power of sale from the partial owner to the customer, how long the customer has owned each piece of property, whether the customer or someone else found the property, and . if the prope rty was found . the details of the finding. 2. If the contract for purchase or other purchase transaction involve s more than one item , each item shall be recorded on the paw nbroker's or secondhand dealer's register and on the customer's declaration of ownership. 3. The customer shall sign his or her name in such register and on the declaration of ownership and receive a copy of the contract of purchase or a receipt for the purchase transaction. 4 . The customer shall affix a right index fingerprint to the declaration of ownership . 5. Such register s hall be made available to any local law enforcement agency for inspection at any reasonable time. 6. The pawnbroker or secondhand dealer shall keep each register for at least three (3) years after the date of the last transaction entered in the register. 7 . 8 .. A pawnbroker shall hold all contracted goods within his/her jurisdiction for a period of ten (10) days following the maturity date of the contract for purchase . during which time such goods shall be held separate and apart from any other tangible persona l property, and shall not be changed in form or altered in any way . A pawnbroker shall hold all property purchased by him/her through a purchase transaction for thirty (30) days following the date of purchase, during which time such property shall be held separate and apart from any other tangible personal property , and shall not be changed in form or altered in any way . 9 . Every pawnbroker shall provide the local law enforcement agency, on a weekly basis, with two (2) copies of the records, on a form to be provided or approved by the local Jaw enforcement agency , of all tangible personal property accepted -5- • '-. ... I • oJ • • • • .. • -' during the preceding week and one copy of the customer's declaration of ownership form. The form shall contain the same information required to be recorded in the pawnbroker's register pursuant to this §ection. The local law enforcement agency shall designate the date of the week on which the records and declarations shall be submitted. 10. Every pawnbroker shall clear, through the City, prior to release , a ll firearms . other than those which are newly manufactured and which have not been previously sold at retail. 11. Every pawnbroker shall pay to the city a fee for every transaction form . this fee shall be determined by the City and set by re solution. 12. Every pawnbroker shall, at his/her expense . kee p r ecords or provide re ports in such manner and by such methods as may be determined from time to time by the Licensing Officer . H . PROHIBITED ACTS: 1. No pawnbroker, employee, or agent of the pawnbroker or secondhand dwtr s ha ll enter into a contract for purchase or purchase transaction with any person under the age of eighteen (18 ) years or with any person under the influence of alcoholic beverage or drugs. 2 . No pawnbroker, employee, or agent of the pawnbroker or secondhand !kBkr shall enter into a contract for the purchase or purchase transaction with any person known to that employee or agent to be a thief or to have been convicted of larceny or burglary, without first notifying the department of safety services . Such notice shall not be deemed as authorization by the city for the pawnbroker or secondhand dew._to enter into any contract with such pe rson . 3 . No pawnbroker shall take any tangible pe r so nal property from a customer on consignment. 4 .. 5 . 6 . With res pec t to a contract for purchase, no pa wnbroker, employee or agent of a pawnbroker may permit any customer to become obligated on the same day in any way under more than one contract for purchase agreement with the pawnbroker which would result in the pawnbroker obtaining a greater amount of money than would be permitted if the pawnbroker and customer had entered into only one contract for purchase covering the same tangible personal property. No pawnbroker, employee or agent of a pawnbroker shall violate the terms of the contract for purchase. No pawnbroker, employee or agent of a pawnbroker or secondhand dealer shall enter into a contract for purchase or purchase transaction for any tangible personal property wherein the identification number. serial number, model number, brand name, owner's identification number or -6- • .. I • 0 • • • ~ --· • •·. .. . . • • other identifying marks on such property have been totally or partially obscured . 7 .. No pawnbroker. employee or agent of a pawnbroker shall enter mto a contract for purchase or a purchase transacti on when the property, which is the subiect of the contract for purchase or purchase transaction . is other than tangible property. 8 .. No pawnbroker, employee or agent of a pawnbroker shall ask . demand or receive any greater rate of interest, commission and compensation than the total rate of one-tenth (1/10) of the ongmal purchase price for each month. plus the original purchase price. on amounts of fifty dollars ($50.00) or over, or one-fifth (1/5) of the ongmal purchase price for each month, plus the original purchase pri ce on a mounts under fifty dollars ($50.00). No other charges shall be made by the pawnbroker upon renewal of a ny contract for purchase or at any other time . m the e,·ent any such charges are made, the contract shall be void . Any co ntract for the payment of commissions by the customer for making a co ntract for purchase or tangible personal property shall be null and void . I. HOLD ORDERS AND SURRENDER OF PROPERTY : l. Any law enforcement officer may order a pawnbroker to hold any tangible personal property deposited with or in the custody of any pawnbroker gr 2. secondhand dealer for purposes of further investigation. A hold order shall be effective upon verbal notification to the pawnbroke r gr secondhand dealer. No sale or other 1mpos1tion may be made of such property held by any pawnbroker ~hand dealer while the hold order rem a ms outstanding. a hold order s hall supersede all other provision of th1S chapter, and any sale or other disposition of the property after the pawnbroker or secondhand dealer has been notified of a hold order shall be unlawful and a violation of this Section. If any law e nforcement officer determines that any article of personal property held by a pawnbroker or secondhand dealer is stolen or illegally obtained property, such officer may immediately confiscate s uch property and mus t provide the pawnbroker or secondhand dealer with a receipt and case report number . J. LIABILITY OF PAWNBROKER : l . A pawnbroker or secondhand dealer who acce pts any article in a purchase or contract of purchase transaction from a customer who is not the owner thereof obtains no utle in the article either by reason of the expiration of the contract or by transfer of the receipt to the pawnbroker by the customer or holder thereof. Ignorance of the fact that the article was lost or stolen shall not be construed to effect the question of the title . If the p a wnbroker shall sell such article to a third person, the pawnbroker shall recover the article or reimburse the fair market value of the article . The lawful owner may, upon proof of his or her ownership of the article lost or stolen. claim the same from the pawnbroker ~ -7- . 0 I • 0 • • • • • - secondh and dealer or recove r the same by the appropriate legal means including, without limitation, forfeiture of the fair market value of s uch article out of the bond required by Section 5-15-4(C). 2. A pawnbro ker s hall be liable fo r the loss of tangible personal property or part the reof or for damages thereto, whether caused by fire , theft, burglary or otherwise, res ulting from his or her failure to exercise reasona ble care in regard to it. K. HOURS OF PAW~BROKERS: It is unlawful for any pawnbroke r to operate durmg the following hours and on the following days: I . After ten o'cloc k (10:00) P .M. a nd before eight. o'clock (8:00) A .:vt.. '.\1 onday through Saturday. 2. On Sunday . Sect.jon 3. The City Co uncil of the City of Englewood , Co lorado hereby renumbers Title 5 , Chapter 29, Section 3, to Title 7, Chapter 6C, Section 5. ·'Sale and Display of Weapons··. of the Eng lewood Muruc1pal Code 1985, which s h all re ad as follo ws : ~ 7-6C-5: SALE ANDDISPLAYOFWEAPONS: It shall be unlawful for any pawnbroker or seco ndhand d ea ler, or a n y other p erson engaged in the wholesa le or retail sale. rental or exchange of a ny of the weapons hereinafter named to disp lay or place or exhibition in any how wmdow fa C1J1g upon any street, any p1Stol , rernlver or other firearm with barrel less than tw elve mches (12") in length, or any brass or metal knuckles , or any club loaded with lead or other weights , or any blackjack or billyclub . A. B. Every pawnbroker. secondhand dealer, or other person engaged m the sale, rental or exchange of any weapons described in this Section shall keep a record of each such weapon purchased, sold, rented or exchanged at retail . Said record shall be made at the time of the transaction. in a book kept for that purpose , a nd shall include the name of the person to whom or from whom such w ea pon is purchased, sol d or rented . or with whom exchanged ; hi s age , physica l d escription. occup a tion, residence a nd if residing in a city, the street and number where he resides : the m a ke. caliber and fimsh of the firearm , together with the number or serial lette r thereof if a ny; the date of the purchase, s ale, rental or exchange of such we a pon ; and the name of the employee or oth e r person making such purchase, sa le , rental or exchange. Said record b oo k s hall be open upon request at all reasonable times to the inspection of any duly authorized police officer of the City. It s hall be unlawful for any person to purchase, sell , loan or furnish any gun, pistol or other fu-earm in which any explosive substance can be u sed. to any p e rson under the influence of alcohol. or any narcotic drug, stimulant or depressant, or to any person in a condition of agitation or excitability or to any mmor under t he age of eighteen (18) years. Sectjon 4. The City Council of the City of Englewood , Colorado hereby amends and renumbers Title 5, Chapter 29, Section l(C), to Title 7, Chapter-6F, Section 6 , of the Englewood Municipal Code 1985, which shall read as follows : -8- • • I • 0 - • • • • - 6 119 IC. 7-6F-6 : POSTERS POSTING AND DESTRUCTION: C. AH pereene ere permittes te ereet signs es. ertising e garage sale in the pt1l,li.e right ef oe, pre.tiles seis signs meet the feHeoing re11tliremente . Signs advertising garage sales as defined in E.M.C . 4-4-2 are not permitted in the public right-of.way Signs advertising garage sales a s defined in E.M.C . 4-4-2 are permitted on private property provided the signs meet the following requirements : 1. Do not exceed eighteen inches by eighteen inches (18" x 18"). 2 . Bear the name and address of the person holding the garage sale and date(s) of s ale . 3 . Are not pl aced on a traffic regulatory device or municipal or public utility structure. 4 . ~. Do not obstruct traffic view or hinder murucipal operations. Are not posted more than three {3} days prior or t hree {3} days after the garage sale . It shall be prima facie evidence that the partv identifi ed on the sign has placed the sjgn. D. It shell he t1nle" fttt fer e~ garage sale eirn te l,e pestes mere than dwee (3) s11, 11 prier er three (3) se, s after the gltl'age sitle . Section 5. The Englewood City Council of the City of Englewood , Colorado hereby renumbers Title 5, Chapter 29 , Section l (A), to Title 4 , Chapter 4, Section 2 . DEFINITIONS, of the Englewood Municipal Code 1985, by inserting the following definition alphabetically. ~: 4-4-2 : DEFINITIONS : GARAGE SALE : Includes a ll s ales entitled "garage sale ," "lawn sales," "attic sale, "rummage sale ," or s imilar sale of tangible personal property which is advertised to the public a t large. Section 6 . The Englewood City Council of the City of Englewood , Colorado hereby renumbe r s and amends Title 5, Chapter 29 , Section l(B), to Title 4 , Chapter 4, Section 4 , Subsection 3(8 )(4), of the Englewood Municipal Code 1985 , with the addition of a new -9- • I • 0 • • • • ,/' . • . . • -' ~): 4-4-4-3: EXEMPTIONS TO SALES TAX LICENSE: B. ~-Sele@ 'fe.t l.ieer1ee ~let Re1111ire!I . Persons holdin g a garage sale at the same location for not more than three (3) consecutive days per calendar year shall not be required to obtain a sales tax license. p, a , ,!lei! the feHe .. inr; pre ,ieisns ~: l-. The persen ha@ net partieip11te!I in anether r;11r11r;e sale 1n the ettrrent ealen!lar )ear. 2-. lmether r;11r11ge sale ha@ net eee!H'!'e!I at the Jeeatisn in the ettrrent ealen!la, , e11 r. ~-Safety Clauses The City Cou ncil , hereby finds , determines. and declares that this Ordinance is promulgated under the general police power of t he City of Englewood, that 1t is promulgated fo r the h ealth . safe ty, a nd welfare of the public, and that this Or di nance is necessa ry for the preservation of health a nd safety and for the protection of public convenience and welfare . The City Council furthe r determines that the Ordinance be a rs a r ational relation t o the pro per le gis lative object sought to be obtained. Section 8. Severabihty If any clause, sentence , paragraph, or part of thi s Ordinance or the application thereof to any person or circumstances s hall for a n y reason be adjudged by a court of competent jurisdiction invalid. such judgment shall not affect impair or invalidate the remainder of tlus Ordinance or its ap plication t o other persons or circum stances. Sectjon 9 Inconsistent Ordinances All other Ordinances or portions thereof inconsistent or confli cting with this Ordinance or any portion hereof are hereby repealed to the extent of s uch inconsistency or conflict. Section IO Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release . extinguish , alter, modify , or change in whole or in part any penalty, forfeiture , or liability, either civil or cnminal, which shall have been incurred under such provision , and each provision shall be treated and held as s t11J re mairung in fo rce for the purposes of sustaining any and alJ proper actions . s uits. proceedings, and prosecutions for the enforcement of the pe nalty , forfe iture, or li ab1lity , as well as for the purpose of sustaining any judgment, decree , or or de r wluch can or may be rendered , e ntered, or made in such actions . s uits. proceedings. or prosecutions . Section 11. Penalty Proyjsion. The Penalty Provi s10 ns of E .M .C. Section l--t-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 . -I 0- .. I • 0 - • • . ' .,. -· • -· • • - Published as a Bill for an Ordinance on the 9th day of June, 2000. Read by title and passed on final reading on the 26th day of June, 2000 . Published by title as Ordinance No ._, Series of 2000, on the 30th day of June, 2000. Thomas J . Burns, Mayor A'M'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 of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000. Loucrishia A. Ellis -11 - .. . ... I • 0 • • • --. • .. • • 0 10 b ill ORDINANCE NO . SERIES OF 2000 BY AUTHORITY COUNCIL BILL NO. 52 INTRODUCED BY CO NCIL MEMBER BURNS AN ORDINANCE APPROVING MILE HIGH COMPACT AMONG CITIES AND COUNTIES ORGANIZED UNDER AND EXISTING BY VIRTUE OF THE LAWS OF THE STATE OF COLORADO . WHEREAS, the Cities and Counties recognize that growth and development decisions can impact neighboring jurisdictions and the region; and WHEREAS, Metro Vision 2020. collaboratively created by DRCOG members, business, environmental and neighborhood leaders, pro.,,;des a regional framework for local decisions on growth and development within the Denver Regional Council of Governments; and WHEREAS, the Cities and Counties are willing to make a commitment to the accommodation and encouragement of planned growth and development, to the orderly extension of urban services. to the enhancement of the quality of life, to the protection of the environment, and to the promotion of the economic viability of their respective communities and the region; and WHEREAS . the Citi es and Counties support planned growth and deve lopment to maximize efficiency through coordination among jurisdictions, provide for the orderly extension and integration of urban services. promote the economic vitality of the Cities and Counties and enhance the quality of life of its residents ; and WHEREAS, the Cities and Counties have Comprehensive/Master Plans that provide for the development within their respective jurisdictions: and they recogruze the need to have consistent and coordinated comprehensive plans and master plans in order to provide for the orderly growth and development of the region: and WHEREAS, the Cities and Counties desire to voluntarily and collaboratively set forth the principles defined herein that illustrate their commitment to address the nature and location of growth within their individual and overlapping jurisdictions and the region as a whole . 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 , Colorado, hereby approves and adopts the Mile High Compact among the Cities and Counties organized and existing by virtue of the laws of the State of Colorado, a copy of which is attached hereto and incorporated herem by reference . -I - • I • 0 • •1 • •,. .. • -... Section 2. The Mayor is authorized to execute the Mile High Compact for and on behalf of the City of Englewood, Colorado. 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. Read by title and passed on final reading on the 26th day of June, 2000. Published by title as Ordinance No ._, Series of 2000 , on the 30th day of June , 2000. Thomas J . Burns, Mayor ATTEST: Loucri shi a 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 publiahed by title as Ordinance No . _, Series of 2000 . Loucrishia A. Ellis -2- .. ) I • 0 -• • - MIL: HIGH COMPACT: .. CRCOG Craft 04/26/00 TrilS AGRE:MENT is made and entered into this __ day of _____ ....., 200_. pursuant to Article XIV, Section 18{2)(a ) of the Constitution of C.:1orado and Section 29-1 -203 of the Colorado Revised Starutes, by and among the cities of _________ [home rule anc/or statutory cities], and towns ct __________ __. political sul:d ivisions of the State of Colorado , hereinafter referred to as ~Cities", and the counties of Colorado, bocies politic ~~anized under and existing by virrue of the laws of the State of Colorado, hereinafter referred to as "Counties.· I. WHE~E.A.S, the Cities ar.d Cou nti es recognize that growth and development decisions can impact neighboring jurisc:idons and the region ; and II. WHE:=.E.A.S , Metro Vision 2020, collai:orativeiy c~eated by DF.CCG memcers, business, environmental and neicni:crhoc:: leaders ; ::rovides a reoional framework for local decisions on growth and deve iopmen· withi n the De~ver Regional -Council of Gcvemments' (DRCCG ) region; and Ill. WHE:=.E.A.S , the Citi es anc: Counties are will in f :c ma.'<.e a c::mmitment :c th e ac::::mmodation and encouragemen. of planned growth and development, to the orderly exter:sion of urban services. to the en hancerr:e nt of the quality of life, to the protedc1 of the environment, and to the promotion of the econom ic viabiiity of their res;:ec.ive c::mmunities and :-e r~ion; and IV. WHE:=.E.A.S, the Cities and Cou nti es succor. plar.r:ec growth and deveiopment to maximize efficiency throug h coorcina!icn among ·uriscic:1cns. ;:rcv ice fer the orc:eriy extens ;on anc integration of urtan serv ices, promote tt:e economic vitality ct :he Cities and Counties am: enhance the quality of life ct its res ioems: and V . Wl-::~E.A.S, the Cities and Counties have Comprehensive/Mas.er Plans that provide for the development within their respedve juri sd ictions; and ttiey rec::i;nize jie neec to have consis,ent anc: coordinated comprehens ive plans and mas.er plans in orc:er to provide e for ·he orderly growth and deve lopment of the region ; and • VI. WHE:=i.E.A.S, the Cities and Co unti es desire to vo luntarily arid collaboratively set forth the :::rinc:oles defined herein th at ;uus.;-ate th eir commitment to ac::ress the nature and location of growth with in their ind iv ict.:a l and ove ri a+:c:ing jurisdic:ions anc: the rei;ion as a who le . ._ . • I· 0 - • • • ..-. • •,. .. • -~ ... CRCOG Craft OA/28100 NCW, Th~~E:=ORE. in consideration of ttie mutual promises and covenants contained here in, 'he undersigned C ities and Counties (hereinafter referred to as we) agree as follows : 1. Metro Vision 2020. We acknowledge that Metro Vision 2020 is the comprehensive guide for the ceve!opment of the region. Moreover, we agree that Merro Vision 2020 is a dynamic doc:.imem that reflec-.s c!'langes in the region. 2. Comprehensive/Master Plan . We acknowiecge j':at comi:rehensivettnaster plans are critical tools in translating the community's vision imo more si:ec:fic goals , policies and programs to manage their long-range growth c:::ins is,ent with the communities ' and the region 's vision . We agree to develop and approve Comprehensive1Mas.er P!ans for eac!'I ct our res;:ec~ve ::mmunities and to ui:cate these ,::ilan s on a regular :::as is , as de!erminec by eac!'I jurisdic:ion. 3 . C.:imprehensivelMaster Plan Principles. We rec:gnize :hat :here are certain func:amer.tai ;rinc:ples that guide the development cf a c:::imprenensive,mas!er ;Ian. We agree '.o rely or: ,h e following princ:ples in ceveiopin g or ame nc:in g cur Comprehensive:Mas,er Plans: -. • Merro Vis ic r: '02Q . Local comprehensive/mas,er plans w iil ce cons is,ent with ·h e regional vision provided by Metro Vision 2020 anc: wiil inc::r;:crate its c::re elements: Designating the extent of urban develcpmem with in a s;::ec:fied area; Creatin g a balanced multi-moc:ai trans;:cr.ati cn syS!em ; Es,at li shin g a hierarchy of mixec--.Jse, peces'ulan ar~c :ians ;t --:i ri emed urtan centers ; F reser,in g four free-stanc:ing comm unities of :culc:er , :ri g hte n, Cas,le Reck and Lo ngmcm: Deve !o;ment of a regional open s;::ace sys,em ; P~eser11 ng th e region 's :i an.;ra l env ironment, es;::ec :ai ly air an c: wa!er quality. • P•Jt;li c ;;ac:c:;afjcn . rne comi:;rehensive p1an;r.-:as.er ;:Ian w ill ::e cevelci:ec ttirough a put:1i c par:ic:p ation process with th e s;:ec:fi cs cetemiined ::y eac:-: ·unsc:idon, but which will inciu ce a ;:iublic hearing prior to th e ac:opt ion of .lie compre hensive pian/master pla n . • Flg fl ec:ic r gf cqmmynity v::i iµes. T h e comi:re he ns ;veliT:as,er ;:ta n w ill be a reflection of the c:::mmunity's values and !he region 's vision. • Traps lafa ·re 'lisicn into st;edic goa is go li cjes ;:,nc ;;rrgr,.ms . T n e co mi:re he~siv eliTi aster plan will trans late the vision for the c:::mmun ity into spec:fic goa!s, po ii c:es and programs and/or prov ice imple m entation smnegies . • P·ovice 'o r 'he broac: neggs of the cg mmun ity . rne comprehensive! master pla r. will provide for the diverse life-sty le, and life-:yc!e neec:s of the community (res ;c:ent ial and business ). 2 • .. . ) I· 0 - ,,,-. • • - CRCOG Craft 04/28/00 • Lonq-r::ince ,,iew. Local compreh ensive/master pians will adcress ~he development and ~evelopmem of the commun ity for a fi fteen-to-;wemy-year perioc , as 'Ne ll as considering :he buiid-out of the community. • Dvnamic. Tne comprehens ive.master plan will be a dynam ic coc:Jment and be able to reffec changes in the c::mmunity . • Long-r::inge gtan for ma ier infrl:!struc; •re . The compreher.s ive.itnaster plan will ac:dress the major infrastru~re ttlat wiil be negced to suoc:ort ttle development of the community . The incremental , implementing ele ments ct iie long-range plan will ~e identified in the capital improvements,~rojec: pl an. • Coordinateq. Tne comprehens iveA'T1aster pla n will c::ordinate th e vari ous elements, sue:, as transportati on , land use. community fac :ii ties. ttlat must co me togeth er in orcer to provic:e for the desired quality of life . • lnterqover~m er ,a! ,;;;116boratio n . Iss ues that over:ac or aff ec: ;;eig~co rir.g j uri scic:ions or distric:s wil l :::e accressao in a c oll atorati ve ;:irccsss . 4. E!ements of a Comprehensive,Master Plan. We agree :o in c!uce ar.c:/or acdress ttle follcwing eierr:ents within ou r comp r ehensive .1 master plans. • Land use =nc; "'CowTh c;;oa;;ina.T ic n . T ni s element inc!uc:es icentifi cati on of the desired land use ;:atter.is , wnere grcwth is an ti c:pared or des ired to oc:::Jr over the time pericd c~ -..,,e plan , anc the antic :patec: a m ount of deve !oi:rr:e!it at iie enc of twenty years or builcout. An urtan growth boundary/area wiil be :asec: on mese c ec :sions . • P~gvisign gt 35 ,..,icgs =re; cqrr.mu n ·ty '::ic :lij:~s . Tn1 s :!eme nt ;:;rcv ices a ::lesc:ir:tion of the essential services ar.c c::mmt..::iity tac :l ities (for :xampie, sc:i oo ls, fire , police rec:-eation, lic::raries, etc.) to be provicec or avail ai:le :o the c::mrr.un ity , the level of sue:, services, anc 'Nhat services and/er commun ity fac:iiti es are necessar; in the future to ac:dress future growth for the plan perioc. • • Utijjtjes . T ni s element provides a desc~ption of hew uti li ties wi th suffi c:ent capac:ty will • be prcvic:ec •o serve planned developmem and receve!oomem. Swc:i utilities shoulc: inc:uce , cut no t be limited to water , wastewater anc craina;e. • Tra.ns;qr-::i,jqr =,.,c; •r;,.,,.,s it. Tnis eleme nt addresses how the c::m munity plans to ac::ommccate th e transportat ion demand for the ti me frame of t."1 e comprehenslve/master plan, inc!uding alternative modes of rrans;::or:ation such as trails and bikeways , anc transportation demand recuc!ion srrat~ies. T ni s element also retlec:s Merro Vision 2020 regional multimodal trans;::ortat ion ~!ans . • Pa.rl<s ~re: raceatj qn . This element actresses how :he community provides future parks and rec~eat ion faci lities anc: opportunities ·o serve 'he c::mm unity . Plans for trail 3 • • I· 0 • • -. • --. • • - ORCOG Draft 04/26100 corricors, bike paths, etc. will be coordinated with overlai:ping anc neighooring jurisd ictions. • Open scace . Tn1s element ac:cresses the commun ity 's fur..:re :c:en s.:::aca ~reservation whic:i will be ccorc:inarec with, but not limited by, the pians at over!at:cing anc neigncoring jurisd ic:icns anc: :ne Metro './is1on 2020 Open Si:aca ?!an . • E-;;nomic viability . Tn1s element inc!udes a review and prcjec:cn of :he economic viabiiity of ttte community based on existing and pro jec:ec commerc:aJ/in c:us,rial activities and emp1oyment inc!uc:ed in the comprehensivem:as,er ;::Ian anc: their impac-.s on ttie other elemer.ts of :he plan. • l-loµsjnc . Tnis e1emen· ac:cresses how projec:ed population c:ianges, anc: ceve !cc:ment and receve!opment are antic:;::arec: :o affec: the m,x , afforcai::1 iiry, avaii ai::1i ity an c: receve lcpment :i e~s ::· :he :::mmun ity 's hous in g s;:ocK. Tne ;e1anc nsn 1c: :etween hous in g anc .ocs -nay ::e accressec ·n :tie c::ntext of the Si.!t:re~:c r. :r :c :t":e :nc iv ic ual community . • Ur;2.ri ces icn 1Cqrr.-yr •IY •rr-ace dce"t ity . Tn1s e!err.e n: ac:~esses "".CW :r.e ==~~unity will snape its tour.canes anc ur.:an lancs~ce ·o fu rt h er its icentiry ar.c 1rr.age. • E..,v irgnmenta j •eccur-;es :ond ri a;,.rc;s. Tr.is elemem icemines '.-<ey env ircr:mer.ta.J resources, such as wiiclife corricors and habitat areas. wh ic:1 are iri.pcitar:;: fer tr:e c::l'i.munity to preserve anc to identify hazard areas :hat sncu lc net :e :::r.sicerec for development. Tnis cou ld also be inc!uded as pal"! at :he 'ar:c Jses e1emer:: sir.ca :t provices the basis for future land use. Tnis element ac::cresses :t:e ef7ec:s :hat :h e locati on anc:: :ype of grcwth and land develo~ment :i ave or. air ar.c wa::r ~ua ii ty . 5. Urban Growth Areas or Urban Growth Boundaries. We acree :c acc:t L r.:ar. Growth Areas or Urt:an Growth 8ounc::aries, as es,ablisnec :v Met~c Vis.er: 2020, within cur comprehensive/mas,er plans, or in the case of counties :y resc iut ic n oi :h e Seard of Commissioners, anc:: to all ow urban development on ly wi thin u"':cse areas. We wiil encourage and suq:ol"! th e effic ient development with in our Urca n Growth Areas or Urban Growth Boundaries c::ns is,ent with th e goals of Metro Vi sion Z02C . Modi fi cations to Urban Growth Areas or Urban Grcwth Sounc::ar ies will be ac::cressec :h~cui;h Metro Vision 2020's flex ii:iiity process . We agree to accress nonurtan growth outsice oi th e Ur:an Growth Area or Urban Growth Soundary through subregional plann ir.i;, imeri;overnmental agreements, comprehensive/mas.er plans or revised Metro Vis icr. !=C li c:es . 6 . Comprehensive:Master Plan Approval. We will deve !cc our com~rerensive plan ,mas,er plan through an inc!usive public participation precess inc !uc ini;. :ut not limitec to , a ~ublic hearing. 4 • I· 0 - • • • , .•. , • - -. .. DRCOG Draft CM/21/00 7. ComprehensiveAlaster Plan Implementation. We will use our comprehensiveA'naster plan for updating local zoning and development regulations. Moracver, we will develop and adopt policies, procedures, and/or ordinances to implement and enforce our comprehensive/master plans that are consistent wi1h the provisions of our comprehensive/master plan. 8. Coordination with Other Plans. We will work to coordinate our plans wi1h neighboring and overlapping governmental entities and work to integrate our plans at a sub-regional level. 9. lntargovernmental Agreements . We will enter into additional intergovernmental agreements, when necessary, to address discrepancies and/or inconsistencies at the jurisdictional boundaries or any other planning and coordination matters. 10 . Dispute Resolution. Individual communities will pursue dispute resolution processes. 11 . Term. We will annually jointly evaluate the effectiveness of me processes se t form herein and to propose any necessary amendments. If any pa rti es cons ider withdrawing from the agreement. they must notify DACOG by April 1 • with th e ac:ion to be effective by the following January 1 •. • 12. Intent of Agreement. This Agreement is intended to desc:it:e ri ghts and responsibilities only as between the named parties hereto. It is not intended to and shall not be deemed to confer rights to any persons or entities not nar.ied as parties hereto. We, by signing this Agreement, intend to implement its provis ions in good faith . 13. Execution in Counterparts . • .. • I· 0 J- • • -• RESOLUTION NO. SERIES OF 2000 • • - .. A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING AGREEMENT BETWEEN THE ENGLEWOOD EMPLOYEES ASSOCIATIO'.\I AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY l. 2001 THROUGH DECEMBER 31 , 2001. WHEREAS . the City Council of the City of Englewood authorized "The Collective Bargaining Agreement" with the Englewood Employees As s ociation for 1999, 2000 and 2001, by the passage of Resolution 83, Series 1998; and WHEREAS, the City of Englewood and the Englewood Employees Association entered into negotiations in May, 2000 in accordance with the Englewood City Home Rule Charter; and WHEREAS , the members of the Englewood Employee s As sociation duly ratified, by a majority of the members , the Collective Bargaining Agreem e nt: and WHEREAS , the passage ofthis Resolution will authorize salary , life insurance and dental insurance provisions of the "Collective Bargaining Agreement" between the Englewood Employees Association and the City of Englewood for the year 2001, and WHEREAS, significant changes to the Contract include the following: (1) Employees covered by the Contract will receive a three and three tenths percent (3.3% increase on the 2000 base wage rate effective January 1. 2001. (2) Life Insurance will be provided by the City for employees in the month immediately following commencement of their employment with the City. The previous contract indicated the insurance would be effective one year after hire. (3) Dental Insurance w1llbe allowed in the month imm e diately following commencement of their employment with the City . The prev10us contract indicated the insurance would be effective one year after hire . NOW, THEREFORE. BE IT RESOLVED BY THE CITY CO UNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood . Co lor a do hereby approves the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for the pe riod of January I , 2001 throu gh December 31, 2001 , attached hereto as Exhibit A . • '· ' ... .. .. ... I • 0 J • • -. ~ -• .. " ., • -.. ARTICLI D. DENTAL INSURANCE for Ille tam of tbil Ccmn:t. Ille City sball pay 85 ~ and tbe employee sball pay lS 9' of 1be premimll COIi for die Ci&y Demll blmrlllce PIID or ocba' plll1 wbich may be se1ecu:c1 by Ille City • a mbltimU: for die Cily Delllll Pllll for each siqle 11111 depcDdenl policy bolder . TIie lllove bellfit sblll be aUowecl aaly ID employees who 11&.e ccmpltiut oue (l) ,ear tJI · at iR di!, 111i1@,jgm"4Meir---~cmpmr,...,...;;$. ~.~ employmem wim dleCitY- AJJ'/ displllc coacernina die ~ or appticatioD of beDmG llllder die Dema1 Plan sbll1 be sabjecl 1D die &pa rllGlmion proc:edme aa1y ' (It ii ciqm:ssly undffltOOd !bat dlil provilicm ii a~ il:m lllllkr dlis ComrlcL) • ,. . ' ,, ... I· 0 32 • • • --• Jt . ' .. • • ' ARTICLE 21 , I.JFE INSURANCE A S30,000 r-Life llllunDCe will be P!_C?vided i,y me City far ~1oyees w11o 111.e t 1 1 W (t, )W of . a Ip~~ 8 .• ~jpp~ _li_lu"°tl!II C _ • of -eaplaymllS wida die Ci!y . A cmveniOD privilep upon n:cilaDeS of 50~ ~ payable 1'r 1111 -..,,-will be made milable by me CUy for said mired employee. • Tentative AgreemeDt 6/S/00 ' . ., ... ~ • • 1 ' I· 0 - ,. • • • ... • -.. AllTICLE9. COMPENSATION A. Ea employee in lbc cl&uified service shall be paid a ooe of die rata set fonh ill die pay pm far die class in wbicll lbcy are employed . I . Al lellt die minim•PD tare of pay for a class sball be paid to m employee wbo it --Im eqlloyment wich the Cily. C. Wm a reauw ftlll-time position not Wider tile clu&ifacd service is braagm mu, die cJamfted service, die rare of pay of die incumbcm may be sec by the City at die step c!ose:H 1D Ilia cmra me ia dle pade emblisbed for tbc cws. In such cases !here will be llO redK1im ia pay. D. A cbaqe ia amiiversary daae will result when: (1) 1'1lc employee is on leave widlout pay . The previous anniversary date shall be adjusted one momh for each twemy-two (22) worlciJll days of l•ve wirbou& pay iD any twelve (12) momb period. (2) Tbe employee termimla his employment and larft is reemployed. Tbe new umivermy date shall be dctennimd by his acw employment dare . (3) Wbcn il is de!ermined that !be employee merils an increase, tile date of die increase will detcnniDe the aew llllliversary date . E. Employees of me City of Englewood represemed by the EuileWood Employcc:a Auociaaoa 111d covered by dlis Comract shall receive a duee pen:em (3 .0'.IJ iDcreue on me 1991 blle waae ra effective Jaauary 1, 1999; and an additional three percem (3.0\1) increUe oa die 1999 bue wqe rare effective Iamary l. 2000 . Salary for 2001 wiH l,e &&<>ci&d ill -... .-naict a tbNe IDd ~t-~3.J,a~!'i,ihe 2000 bue waa, ~4-~.18'.mt.~ Tentative Apeemcnt 61~ '· .. : • t 0 ) I· 0 • • • ,- • t• ... .. • -' 3 . Under Artide 22, page 13, the second sentence was modified to read "The above benefit shall be allowed only to employees In the month immediately following commencement of their employment with the City .· The previous contract indicated the insurance would be effective one year after hire . FINANCIAL IMPACT The impact of the increase on wages for 2001 is approximately $236,000 . The impact of the earlier eligibility for life and dental insurances is approximately $19 ,000 . for 2001 . ATTACHMENTS Modified pages of the EEA Collective Bargaining Agreement • . ., ..: -· 0 I· 0 • • --. ~-· • • - COUNCIL COMMUNICATION Date Agenda Item Subject June 26, 2000 Wage /Benefit Reopener of the Collective Bargaining 10 Ci Agreement Between the City and the EEA for 2001 Initiated By Staff Source Human Resources Department Sue Eaton, Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Collective Bargaining Agreement with the Englewood Employees Assoc iation was approved by Council for 1999, 2000 and 2001 . The agreement includes a provis ion (Art icle 9, section E ) for the negotiation of 2001 salaries, in 2000 . RECOMMENDED ACTION Staff requests Council approval . by resolution, of the salary , life insurance . and denta l insurance provisions of the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood for 2001 . The contract covers approximately 204 employees . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and the Englewood Employees Association entered into negotiations in May of 2000 in accordance with the City of Englewood Charter . The members of the Englewood Employees Association duly ratified , by a majority vote, the Collective Bargaining Agreement. Significant changes to the contract include the following : 1. Under Article 9, page 5, employees covered by the Contract will receive a three and three tenths percent (3 .3%) increase on the 2000 base wage rate effective January 1. 2001 . 2 . Under Article 21, page 13, the first sentence was modified to read as follows ; "A 30,000 Term Life Insurance will be provided by the City for employees in the month immediately following commencement of their employment with the City" The previous contract indicated the insurance would be effective one year after hire . • ) I· 0 • ~ -• '·:.• ... • -.. Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest the Collective Bargaining Agreement between the Englewood Employees Association and the City of Englewood, Colorado, for the period of January 1, 2001 through December 31 , 2001 . ADOPTED AND APPROVED this 26th day of June , 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellia, City Clerk I, Loucrishia A. Ellia, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 2000. Loucrishia A. Ellia '> ~ ' ~ . • .. I • 0 • • • • • COLLECTIVE BARGAINING AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD EMPLOYEES ASSOCIATION JANUARY 1, 1999 --DECEMBER 31, 2001 . . I! )( H 1 • 1 T A 0 ... . ' I· 0 ~ ...--· • , . .,. .. ,. .. . • . , - PAGE ARTICLE 1 INTRODUCTION ARTICLE 2 DURATION OF CONTRACT 2 ARTICLE 3 RECOGNITION 3 ARTICLE 4 EMPLOYEE RIGHTS 3 ARTICLE 5 HOURS OF WORK 3 ARTICLE 6 OVERTIME WORK 4 ARTICLE 7 ACTING PAY 4 ARTICLE 8 MERIT INCREASES 5 ARTICLE 9 COMPENSATION 5 ARTICLE 10 LONGEVITY COMPENSATION 6 ARTICLE 11 ANNUAL LEA VE 6 ARTICLE 12 PERSONAL LEA VE 8 ARTICLE 13 DISABILITY --TEMPORARY (NON-JOB RELATED ) 9 ARTICLE 14 ON-THE-JOB INJURY -DISABILITY 10 • ARTICLE 15 MILITARY LEA VE LL ARTICLE 16 FUNERAL LEA VE 11 ARTICLE 17 JURY DUTY AND WITNESS SERVICE 12 • I ARTICLE 18 HOLIDAYS 12 • 0 'J , .. • ,. ', -I •;. • .. • -' ARTICLE 19 UNIFORM CLEANING ALLOWANCE 13 ARTICLE 20 TUITION REFUND 13 ARTICLE 21 LIFE INSURANCE 13 ARTICLE 22 DENT AL INSURANCE 13 ARTICLE 23 HEAL TH INSURANCE -EMPLOYEE /RETIREES 14 ARTICLE 24 RETIREMENT BENEFITS 14 ARTICLE 25 LAYOFF 14 ARTICLE 26 LEA VE OF ABSENCE (W ITHOUT PAY ) 15 ARTICLE 27 GRIEVANCE PROCEDURE 16 ARTICLE 28 LETTER OF CORRECTIVE ACTION 17 ARTICLE 29 DUES DEDUCTION 18 0 ARTICLE 30 ASSOCIATION ACTIVITIES 19 ARTICLE 31 STANDBY PAY 19 ARTICLE 32 CALL BACK 19 ARTICLE 33 LABOR MANAGEMENT COMMITTEE 20 ~ ARTICLE 34 EXCLUSIVENESS OF CONTRACT 20 • • I· 0 ii - • • • • • - CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD EMPLOYEES ASSOCIATION ARTICLE 1. INTRODUCTION ... This contract entered into by the City of Englewood. Colorado. and the Englewood Employees Association has as its purpose the promotion of harmonious relations between the City of Englewood and its Employees. a fair and peaceful procedure for the resolution of differences: the establishment of races of pay and hours of work. and other condicions of employmem :10 ec out in the City Charter. Except where limiced by express provisions elsewhere in !his Contract. nothing in this Contract shall be construed 10 restricc, limit or impair !he righcs, powers and :iuthority of the City as granted to it under the laws of the Stace of Colorado and !he City 's Charter and Municipal Code . The rights. powers. and authority include , buc are noc limited to. !he following : A . Determine the overall mission of the City as a unic of governmem . 8. To maintain and improve !he efficiency and effectiveness of City operacions . C. To determine !he services to be rendered. !he operacions to be performed, !he technology to be utilized, or the maners co be budgeced. D. To determine !he overall methods, processes, means . job classificacions or personnel by which city operacions are co be conducced . E. employees . To direct. supervise. hire. promoce , transfer. assign. schedule. retain or la y-off F. To suspend. discipline , discharge, or demote for jusc cause. all full-time permanem classified employees. G . To relieve employees from duties because of lack of work or funds. or under conditions where the City determines continued work would be inefficient or nonproductive . H . To take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified herein or limited by a collective bargaining Contract . ., 0 I • 0 - • • -• • • -' I. To take any and all actions to ca rry out the mi ss ion of the City in cases of emergency . J . Nothing co ntained herein shall preclude the City fr om co nferrin g wi th its employees for purpose s of developing policies to effectuate or implement any of the abo ve enumerated rights . The City retains the right to change any past practi ce which is not in violatio n wi th th is Contract . In the event a past practice is sought to be changed by the City ~tanager or De pamnem Heads , the Englewood Employees Association will be pro vi ded reas onabl e wrinen notice or th e intended change. The Englewood Emplo yees Association retains the ri ght to grie ve any change in practice which is in violation of this Contract. ARTICLE 2. DURATION OF CONTRACT A . This co ntract will take effect on January I. 1999. and shall ominue in fo r e to and including December 31. 2001, provided that either party ma y re open negotia ti on · fo r :\mcle 9 by giving written noti ce of intent to negotiate Article 9 .E pr io r 10 \-la y 15. 2000: and ne go tia tions on salary. dental insurance and health insurance . -empl oyee1re1iree fo r 2001 will be held in 2000 in accordance with the Charter. The City will noti fy th e linion th ree (3) m nth prior 10 commencement of ne go ti ation s if there is a need 10 ne go ti at e on de nt al or health in uran ce . B. This contract or any part of it. ma y be terminated or rene got iated at any time by murual consent of both parties . C . If an y article or section of this contract should be he ld inva lid by operati on of law or any Court of competent jurisdiction , or if compliance with or enforcement of any art icle or section should be restrained by such Court . the remainder of thi s co ntra ct shall not be affected thereby and this Contract shall remain in full force and effect. and the partie s shall promptl y meet and negotiate for the purpose of attempting to arrive at a muru all y sa tisfa cto ry repl acement fo r such article or section . D . The parties agree and understand that provi sions relatin g to empl oyees co vered by this contract shall in no way displace or modi fy pre se nt or furure starutor y case law of the State of Colorado . E. The parties acknowledge that during ne gotia ti ons which re sulted in thi s co ntr ac t. each had the unlimited ri ght and opportunity 10 make demand s and proposa ls with res pe ct to any subject or matter appropriate for Contract ne go tiations and th at th e understandings and ag re ement s arrived at by the partie s after this exercise of that ri ght and opp orrunity are set fo rth in the contract. 2 • . ' 0 I • 0 - • • J \...) --. • • -.. ARTICLE 3. RECOGNITION The City recognizes the Englewood Employees Association/ AFSCME Local #303 as the sole organization certified pursuant t0 the provisions of the Chaner of the City of Englewood as the exclusive representative for the public employees within the following bargaining unit : Included : All full-time. classified non-emergency employees of the Ciry . Excluded : All supervisory. managerial. confidential. part-time . temporary. seasonal. and contractual employees, students. and all employees hired through the use of Federal. state or other outside funding sources for special projects or programs. and all others who may be determined prior to or during the life of this Contract as provided under the City Charter. NOTE: For legal authority see City Charter 137 : I. 137 :2 b. c. m. m 1-6 . n. o. and 137 :3. Also see 137:2 (k) re : employee rights of association . ARTICLE 4. EMPLOYEE RIGHTS A full-time classified employee who is not a confidential employee. a managerial empl oyee. or a supervisor shall have the right : A. To form. join. support or participate in. or t0 refrain from forming. joining. supporting, or participating in the employee organization or its lawful activities: and 8 . Bargain collectively through their certified employee representative. C. No employee shall be interfered with. restrained. coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee t0 discuss employment concerns with the City be infringed upon . NOTE : For legal authority see Employee Rights of Association 137:2(k) of the City Charter. ARTICLE 5. HOURS OF WORK All departments. functions or activities shall observe office and working hours necessary for the efficient transaction of their respective services . Such have been determined for non- emergency employees as follows : A . All employees covered by this Contract shall work at least forty (40) hours per week. or in the case of shift work , an average of forty (40) hours per week . The work week shall consist of five (5) eight-hour shifts, or other work schedules as determined by the department head with approval of the City Manager. All employees shall be scheduled tO work a regular work schedule and each work schedule shall have a regular starting and quitting time . Should the work 3 I· 0 • • • • ·,. • - schedule be changed. affected employees will be notified 24 hours in advance except in the case of an emergency as determined by the Department Director. 8. Employees shall be entitled to two (2) rest periods not to exceed fifteen (15 ) minutes or one (I ) thirty (3 0) minute rest period for each work schedule. Rest periods shall be under the control of the supervisor or department head. C. When possible. employees who work be yo nd their regular quitting time into an ovenime situation shall be eligible for a fifteen (15) minute rest period before the y begin the ovenime work . When possible. additional rest periods shall be granted under the co ntrol of the supervisor or depanment head similar to rest periods granted under subparagraph 8 above . D . When necessary. employees shall be granted a fifteen ( 15 ) minute pers onal clean-up period prior to the end of each work schedule . The clean-up period shall be under the control o f the supervisor or department head. E . All employees shall be granted a lunch peri od during each work sched ul e . Wheneve r possible , the lunch period shall be sc heduled at the middle o f each wo rk schedule . ARTICLE 6. OVERTIME WORK A. For all employees covered by this Contract . except as spec ified be low. duties performed over and above the assigned work schedule shall be considered overtime . Overtime shall not be computed nor compensation allotted on previously accrued ove nime . 8 . All personnel subject to overtime shall be compensated for ove rtime work at the rate of one and one-half ( 1-1 /2) times the normal pa y rate or compensatory time off during normal work hours . computed at the rate of one and one-half ( 1-1 /2) times . The City retains the right to assign ovenime work to any employee qualified to perform the work. ARTICLE 7. ACTING PAY All persons appointed to an acting position at the so le di sc retion of the Director will be compensated at the minimum of the acting position , or 5 % , whichever is greater . for the posi ti o n for which he /she is acting as approved by the Director of said Depanmem . The employee mu st be in an acting capacity for forty-eight (48) consecutive working hours (excluding ov enime) before said employee becomes eligible for acting pay . Such pay will be retroacti ve 10 the fir st day employee assumes the responsibility of the position . 4 ,, I • 0 -- • • • ,. -· • i · .... • - ARTICLE 8. MERIT INCREASES All merit increases provided for the employee will be considered upon the anniversary date and shall not be considered automatic, but rather, based upon performance . Said merit increase may be granted or denied to any individual employee upon recommendation of the depamnent head and with the approval of the Cicy Manager upon notice to such individual employee. The date in which the merit increase is approved shall determine the new merit anniversary date . ARTICLE 9. COMPENSATION A. Each employee in the classified service shall be paid at one of the rates set forth in the pay plan for the class in which they are employed. 8. At least the minimum rate of pay for a class shall be paid to an employee who is staning his employment with the Cicy. C. When a regular full-time position not under the classified service is brought into the classified service. the rate of pay of the incumbent may be set by the Cicy at the step cl os est to his current rate in the grade established for the class . ln such cases there will be no reduction in pay. D . A change in anniversary date will result when : (1) The employee is on leave without pay. The previous anniversary date shall be adjusted one month for each twency-cwo (22) working days of leave without pay in any cwelve (12) month period . (2) The employee terminates his employment and later is reemployed . The new anniversary date shall be determined by his new employment date . (3) When it is determined that the employee merits an increase. the date of the increase will determine the new anniversary date . E. Employees of the Cicy of Englewood represented by the Englewood Employees Association and covered by this Contract shall receive a three percent (3 .0%) increase on the 1998 base wage rate effective January I, 1999; and an additional three percent (3.0%) increase on the 1999 base wage rate effective January I. 2000. Salary for 2001 will reflect a three and three- tenths percent (3 .3%) increase on the 2000 base wage rate and will be effective January I. 2001. 5 .. A I • 0 • -• .. • t-.... • - ARTICLE 10 . LONGE VI TY COMPENSATION In addition 10 an employee 's monthl y salary, the empl oyee shall be eligible fo r longe vity co mpensation based upon the number of years of co nt in uou s service wi th the City and shall be derived from the following sc hedule : Years of ~ 0-4 5-9 10-14 15 -1 9 20 or more Amount of Compensacjon None $12 per month for 5144 per year . except for th ose empl oy ee s who have no1 comple1ed 6 full years of co ntinuous service on De cember 1 of an. year. which employees shall receive an amount equal to S 12 fo r ea h full month of completed continuous service after co mpleti o n of 5 ye:ir of co ntinu ous service up to De cem ber 1. $24 per month for 5288 per year. except fo r th o e empl oyee who have no! completed 11 full years of contin uous service on December l of an y ye ar. which employees shall re ceive S144 plu · an amount eq ual to S12 for each full month of comple1ed co ntinuous ervice after co mpleti on of 10 years of continuous service up to De cember 1 . $36 per month for $,H2 per ye ar. except for th o e empl oy ees who ha ve no! completed 16 full years of ontinuou ervice on De cembe r 1 of an y year. which employee shall recei ve $2 plu s an amo unt eq ual m S 12 fo r e:ich full month of comple ted co ntinu u ervice after omple1ion of 15 ye ars of service up !O Decembe r 1. $48 per month for S5-6 per ye ar. except fo r th os e employees who have no! completed 21 full year of co nunuou ervice on Dec ember 1 of any year. which employee hall recei ve S432 plus an amo unt equal to 512 for each full month of co mpleted co ntinu ous service after co mpletion of 20 years of continuous service up to December l . Effective January 1. 1984 . and thereaft er . all new hire s shall not be eligible for longevity compensation as provided for under this Anicle. ARTICLE 11. ANNUAL LEA VE A. Emplo yees hired prior to January 1. 1984 , and cove red by thi s Contract shall accumulate annual leave each pa y period at the rate of 4 .62 hours per pay period of active ervice . Annual leave shall not be granted to any employee until after completion of twel ve ( 12 ) month s consecutive service with the City unless otherwise authorized by the deparunent head . In order 10 qualify for annual leave credit during the pa y period. the employee must ha ve worked for at 6 ) I • 0 • • ~ --. • .. ., • - least one-half (1/2) of the working days of that pay period excluding authorized paid leave . Fo r those employees having less than ten (10) yea rs continuous service, the maximum accumulation of annual leave shall be thirty (30) days. B. After ten (10) years of continuous service with the City . employees shall accumulate annual leave at the rate of 6.15 hours of annual leave per pay period of active service. in order to qualify for annual leave credit during the pa y period. the employee must have worked for at least one-half (1/2) of the working days of that pa y period excluding authorized paid leave. The maximum accumulation shall be 40 days. C. Employees hired after January 1. 1984. and thereafter. covered by thi s Contract shall accumulate annual leave each pa y period as follows : Maximum illinW l. 0-4 Years 3 .08 Hrs/Pa y Period 160 Hrs . 2. 5-9 Years 4 .62 Hrs /Pay Period 2~0 Hrs . 3. 10+ Years 6 .15 Hrs/Pay Period 320 Hrs . D . Accumulation of annual leave shall neither be authorized nor co mputed fo r any purpose after the maximum accumulation has been reached . The schedule for use of annual leave shall be determined by the needs of the Department . Annual leave shall be taken at the time convenient to and approved by the Deparrmem Head o r Supervisor. However, the Ciry will make reasonable effons to accommodate the reque t o f an employee to use annual leave where a genuine emergency siruation exists . Annual Leave Pay The rate of annual leave pay shall be the employee's regular straight time hourl y rate of pay for the employee 's regular job and charged on a working hour basis , excluding holiday s and regular days off. Annual leave shall be allowed only to the total hourly amount accumulated a1 the beginning of the leave, as verified by the deparrmem head. Employees may receive their annual leave pay no earlier than three (3) days prior to the start of their annual leave . provided the employees make a written request to their supervisor fifteen (15 ) calendar days prior to the stan of their annual leave . 7 • .. 0 0 I • 0 ] • • • • ,. .,-. • , , .. • - Work Purioi: :\nnual Leave If after the employee has begun his /her annual leave and the City requires the employee to work during the scheduled annual leave period. the employee shall not be charged with vac:uion time for the number of hours worked. Annual leave for employees shall be charged on a work-day basis excluding regular day s off. Annual Leave Upon Separation Any employee who is separated from the service of the City , i.e .. retirement . terminati on or layoff. shall be compensated for the unused annual leave time accumulated at the time of separation . ARTICLE 12. PERSONAL LEA VE Effective January 1. 1988, all employees covered by this Contract shall be gra nted -4 8 hours of personal leave time with pay which an employee is entitled to use for the fo ll owing purposes : A. family . 8 . C. Time lost as a result of illness /injury to the employee or the employee immediate Attend per sonal business . Leisure time . For any employee who has not used the -48 hour s of per so nal leave time ending October 31 of each year or any ponion thereof, the City will co mpensate said employee for the unused time at the employees regular wage rate to be paid during the month of November of that year. Personal leave time shall not exceed 48 hours nor shall it be accumulated or carried over from one year to the next. Personal leave shall be scheduled and administered under the direction of the department head or supervisor. In the event of illness /injury in which personal leave is reque sted. shift work employees shall notify their supervisor at least one (I) hour prior to their sc heduled reporting time. all other employees shall repon at the beginning of their scheduled report time. Personal leave shall be prorated for employees beginning and terminating employment with the City during the November 1 -October 31 time period . 8 • ... I • 0 J • • -. . ..-. • ·,· .. • • ARTICLE 13. DISABILITY -TEMPORARY (NON-JOB RELATED) Definition Temporary disability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a City employee. Provision For employees hired prior to January 1. 1984, the City agrees to provide temporary disability leave with pay for employees absent as a result of illness /injury at the rate o f I 00 ci, o f the employee· s regular wage up to 693 working hours of disability . For employees hired prior to January I. 1984. temporary disability leave hall not be accumulative except that on January 1 of each year the City shall restore 100 % of the number o f days used by an employee during the preceding year up to a ma,ximum of 347 wo rkin g ho ur . For employees hired after January 1. 1984 , and thereafter. and covered by the term · o f thi s Contract, the city agrees to provide said employees temporary disabilicy leave with pa y fo r employees absent as a result of illness /injury as follows : 0-4 years 5-9 years 10+ years 347 working hours 520 working hours 693 working hours For employees hired after January 1, 1984. and thereafter. temporary disability leave shall not be accumulative except that on January I of each year the City shall restore 100 % o f the number of days used by an employee during the preceding year as follows : 0-4 years 5-9 years lO+years Urj)jzarjon up to a maximum of 173 working hours up to a maximum of 260 working hours up to a maximum of 347 working hours A . Authorization for temporary disability leave with pay shall only be granted after the first eight hours of disability . B. Authorization for temporary disability shall only be granted for the following reasons : 1. Personal illness or injury not service connected, including maternity . 9 0 I· 0 - • • • .. • ... • - Sick Leave Option All sick leave accrued by pennanent employees prior to January 1. 1980 shall ves t with lhe employee. and ma y be used in the following manner : A. After the 120 da ys as described above. have been used. unkss the empl oye e is entitled for recirement as a result of disability . B. By cashing in all accrued sick leave accumulated under the pre vious plan up o n nonnal retirement from the City at the rate of one hour 's pay for each cwo hours of ac crued ick leave or one hour 's pay for each four hours upon separation from the Cicy . C. By cashing in accrued sick leave under the pre vious plan . once e:ich yea r at the conversion race of four (4) hours sick leave for one (I ) hour pay . not to exceed :i co m·ersi on of more than 400 hours e:ich year. Repoain~ of Temp orary PisabilitY The employee or a member of the employee s hou ehold shall nocitY the empl o~ee ' supervisor prior to the emplo yee 's scheduled reponing time . No temp o rar y di sa biliry le:ive will be granted to an employee who fails to notify their supervisor pri or co the begi nnin g o f the employee 's work schedule . Verjfica1ioo of PisabilitY If the Depanment Director or immediate de sig nee require s a ph~ ic1an · sta tement verifying temporary disabilicy. the Ciry shall bear the co . c for uch physician · stat ement . Abuse of Temporary DisabilitY Abuse of temporary disabilicy occurs when an employee mi sre pre em the ac rual re:is on for requesting cemporary disability or when an employee uses temp orary disabiliry le:i ve for unauthorized purposes . An employee who makes a false claim fo r temporary disabiliry le:i\·e shall be subjecc to disciplinary accion or dismissal. ARTICLE 14. ON-THE -JOB INJURY -DISABILITY A. For any on-the-job injury which causes an employee co be absem fr om work as a result of such injury. the Cicy shall pay to such employee his full wages from the firsc da y of his absence from work up to and including the 90th calendar day of such absence . less whacever sums received by the employee as disability benefics under workmen 's compensacion. The City reserve s the right to require any employee on injury or disability lea ve to submit to an examinacion (s) by City-appointed physician(s) at the City 's expense or under t:he provision of workmen·s compensation . The employee will not be charged sick leave for disability under chis Anicle. 10 • 0 I • 0 • • .-. • • .. • - B. All injuries that occur during working hours shall be reported to the employee 's supervisor within 24 hours of the injury or before the employee leaves their department of employment . ARTICLE 15. MILITARY LE A VE A . Any permanent or probationary employee who enlists or is inducted into the military. naval, air or the anned services of the United States in time of war shall be entitled to a leave of absence without pay for the duration of such war or until honorably discharged. whichever occurs first. and for one (I) year thereafter. B. Any employee who shall be a member of the National Guard or any other component of the military forces of the Stace , now or hereafter organized o r co nsr irur ed under !he Stace or federal law. or who shall be a member of the reserved forces of the Cnired Srare s . now or hereafter organized or co nsciruted under federal law. shall be entirled to leave of absence from his employment without loss of pay. seniority. starus. efficienc y racing , vacati on. sick le:i\·e or other benefits or all the items when he is engaged with such organization or component in rraining or active service ordered or authorized by proper authority pursuant to law . whether fo r Srare or federal purposes. but not exceeding fifteen (15 ) day s in any ca lendar yea r. Su ch le:ive shall be allowed in case the required military service is satisfactorily performed. which shall be pre sumed unless the contrary is established . C. Such leave hall not be allowed unle ss the employee rerurns to hi s public posi rion immediatel y upon being relie ve d from ·uch military service and nor later than !he expirati on of the time herein limited for uch le:ive. unle ss he is pre\·ented from so rerurnin g by phy sic:il or mental disability or other ca use not due co his ow n fault or is required by proper auth o ritie s ro continue in such military service beyond the rime herein limited for such leave. D . Subject to pro vision A. B and C above. !he Cicy shall pro vide full pay to an employee granted military le:i ve. le ss whate ver co mpensation the employee may have recei\'ed by the military for such service . ARTICLE 16. FUN ERAL LE . .\ VE The Deparunent Head shall grant le:ive with pa y to an employee to attend the funeral of a member of the employe e 's family . The number of day s granted shall be governed by the circumstances of the case. but in no event shall they exceed five (5) working da ys. For the purposes of this section "employee's family'' shall me:in the employee 's spouse. or the children. grandchildren. parents. grandparents. brothers and sisters of the employee or the employee 's spouse. or the employee's stepparents, stepchildren. stepbrothers and stepsi ster s . Annual leave may be granted by the Department Head if additional time off is deemed appropriate . 11 • ) I • 0 • • • ,. .,. .. • • - ARTICLE 17. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury dury or as a wimess in hi s ot'fic ial capacity in obedience to a subpoena or direction by le ga l auth ori ry . He hall be entitled co the difference between his regular compensation and the fees re ceived fo r jur y dury or as a wi mes . When he is subpoenaed as a witness in pri va te litigati on co te stify. noc in hi o ffi cial cap acity but as an individual. the time absent by reasons thereof shall be taken as annual leave or leave wi th out pay . ARTICLE 18. HOLIDAYS A. The following day s shall be co nsidered official holiday by the City : I. New Year 's Day: January t. 2 . Washington 's Birthday the third ;vl onda y in Fe bru ary 3. Memorial Da y: the last ;vlonda . in '.\la y . 4 . Independence Da y: Jul y -+ 5 . Labor Da y : the first '.\1 ond ay in Sept ember. 6 . Veteran 's Da y : Nove mber 11. 7 . Thanksgivin g Da y: the fo urth Thur day in :--J ove mber. 8 . Fourth Friday of :--Jovember followi ng Thanksgiv ing Da y. 9 . Chrisunas Eve : December 2-+. JO . Chrisunas Day: December 25 . 11. New Year 's Eve : De ce mber 31. B. Any employee covered by thi s Contract who does not per fo rm dur y sc heduled on the working da ys or have approved paid lea ve immediately pri or to and following a holid ay hall not receive pay for the holiday unles s otherwi e auth orized by the Department head . C. Eligible employee s other than hift work empl oye es at the Wasre wa ter Treatm ent Plant shall receive one day 's pay or equi valent time off at the di sc retion of the department he:id for each of the holida ys o n which the y per fo rm no work . Emplo yees required co work on an official City holida y shall recei ve one and one -half ( I 1/z) time s the emplo yee 's re gul ar race o f pay for all hours actually worked in addition co the empl oy ee 's regular pa y for the holid ay or time off ar the rate of one and one-half 1 1/i) time s the number of hours ac tuall y worked at th e di cretio n of the department head . D. When one of the foregoing holidays falls on a Sunda y. the following '.\1 ond:i y shall be observed as the legal holiday . When any of the foregoing holida ys fall on a Saturda y. each employee shall be entitled to a day off for such holiday. which day off shall be scheduled as the City Manager determines. bur no specific day shall be observed as a holida y for purpo se of dosing City offices and functions . 12 • I • 0 - • • • • • - ARTICLE 19. UNIFORM CLEANING ALLOWANCE If an employee is required to wear a uniform. the employee shall wear the uniform only as authorized by the deparunent work rules . The City will continue to provide uniforms. cleaning and replacements. The City will provide 50 % of the cost of required work shoes up ro a maximum of $70 per year except with department head approval. All employees shall mai ntain a presentable appearance while on duty. The employee is re ponsi ble for any damage to the uniform by negligence or deliberate act. ARTICLE 20. TUITION REFUND Upon recommendation of the department head and after prior approval of the City Manager, the City of Englewood ma y reimburse employees covered by this Contract upon successful completion of an approved co urse or courses in education or voca tional training at the public institution rate . The course or training must be related to the work and be designeJ to improve competence in the job. and be of value to the employee · s serv ice to the City . Thi s hall include all tuition. and required texts . ARTICLE 21. LIFE INS URANCE A $30.000 Tenn Life Insurance will be provided by the City for employees in the month immediatel y following co mmencement of their employment with the City . A conversion privilege upon retirement of 50 % coverage payable by the employee will be made available by the City for said retired employee. ARTICLE 22. DENT AL INSURANCE For the term of this Contract. the City shall pa y 85 % and the emplo yee sh:ill pay 15 % of the premium cost for the City Dental Insurance Plan or other plan which may be se lected by the City as a substitute for the City Dental Plan for each single and dependent polic y ho lder. The above benefit shall be allowed only ro employees in the month immediatel y following commencement of their employmenc with the City . Any dispute concerning the interpretation or application of benefits under the Dental Plan shall be subject to the dispute resolution procedure only . (It is expressly under stood that this provision is a non-grievable item under this Contract.) 13 • I . 0 • • • ~ ---. • .. • -... ARTICLE 23. HEAL TH INSURANCE -EMPLOYEE /RETIREES A. (1 ) For the tenn of this Contract. the City will pa y eighty-fi ve percent (85 %) per month of the premium cost for dependent and single co vera ge fo r the City 's self funded health insurance plan . (2) For the tenn of this Contract. emplo yees will pa y fifteen percent ( 15 % ) o f the monthl y premium cost for dependent and single co vera ge for the City 's self funded health insurance plan . B. Any dispute concerning the interpretation or application of benefits pr ov ided under the Health Insurance Plan shall be subject to the dispute resolution procedure onl y. (It is express ly understood that this provision is a non-grievable item under thi s Contract.) C. Retirees prior to January 1, 1980 , will be pro vided health in surance cov erage by the City on a non-panicipating basis . The coverage will coordinate with Medicaid and Medi ca re wherever applicable . Retirees after January 1, 1980 will be guaranteed conversion pri vil eges to the Health Insurance Plan available through the Ci ty . For th os e wh o retired prior to De ce mber 31 , 1996, the City will pa y 50 % of the cost of coverage of the co nversion plan up to a max imum of $50 per month. For retirees after January 1. 199 7, the City will pa y 50 % of th e cos t of coverage of the conversion plan. up to a maximum of S75 per month . It is the intent of th e City to phase out this provision . ARTICLE 24. RETIREMENT BENEFITS The retirement benefits for emplo yees cov ered by thi Co ntr:i ct are set fo rth in Title III . Chapter 6. Retirement . of the Englewood Municip al Code . Th e fo ll owin g changes shall be made January I , 1980. A . For prior service : 75 % of the members final avera ge mo nthly co mpensati on. multiplied by the number of years of credited prior service . B. For current service : 1.5 % of final monthl y compensati on. multipli ed time s the number of years of credited current service . ARTICLE 25. LAYOFF A . Whene ver there is lack of work , lack of funds. or under conditions where it is determined that continued work would be inefficient or nonproductive, requiring reductions in the number of employees , the appointing authority shall designate the department and positions in which the layoff is to be made . Upon such detenninations , the required number of emplo yees in the affected deparanent and position shall be placed on a recall list or transferred by the appointing authority, each in order of his relative length and quality of service as shown by the personnel records . All other factors being equal. seniority shall prevail. 14 • ) I • 0 • • • , -· • .. • -' B. All other factors being equal. employees o n la yoff shall be recalled in the order of relative length of service as shown by the personnel records . provided that those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City. No new employees shall be hired until all employees on layoff status desiring to return to work have been recalled . The recall list shall cerminate after one (1) year. ARTICLE 26. LEA VE OF ABSENCE (WITHOUT PAY ) Permanent employees may be granted a leave of absence without pa y for rea so ns of education which are allied to the duties of the City. settlement of an estate. child ca re. serious illness of a member of the employee 's family . or to attend Englewood Empl oyees . As soc iation activities, but shall not be used for the purpose of obtaining employment elsewhere . Leave without pay shall not exceed six (6) months of any year but may be extended up on request fo r an additional six (6) months . The total leave time shall not exceed o ne year. Upo n return fr om approved leave. the employee will be restored to their fo rmer pos ition if available. o r to a comparable position for which the employee is qualified . During periods of unp aid leave. the employees shall not continue to accrue service credic o r be eligible for any City benefits . However, an employee who has been granted a leave of a bse nce . may panici pace in life . dental and health insurance programs under Anicles :!l , 22. and 23 at hi s/her own expense for the period of the approved leave monthly premiums must be paid in advance in o rd e r to maintain such coverage . Appljcatjon for Leave A request for a leave of absence without pa y shall be submitted in writing by the empl oyee to the employee 's depanrnent head . The request shall indicate the rea so n the lea ve o f absence is being requested and the approximate length of leave time requested . Consideration of Leave Reguest The depanment head shall grant or deny leave requests . taking into co ns ideration the deparunent's work force , work load and the employee 's request. Failure 10 Rerum If an employee fails to return by the date of leave expiration , th e empl oy ee shall be considered to have voluntarily resigned from the service of the City . 15 • ' . . I • 0 - • • • -· • • - ARTICLE 27. GRIEVANCE PROCEDURE A grievance is defined as a claim or dispute by an employee covered by the terms of this Contract concerning an alleged violation of a specific provi sio n of this Contract. The employee shall be required to follow the procedure as set out below : A general grievance is defined as a grievance that co ncern s a gro up of employees or the bargaining unit in general. A general grievance can only be filed by the Association within the time frame specified in Step I, and the initial re view will occu r by the deparnnem he:id at Step 2 below . A. "Work Day " means calendar days exclu ive of Sarurday . Sunda ys. and City recognized holidays . Step 1. If the employee is unable to settle the grievance or dispute orall y and informally throu gh his /her immediate supervisor within fi ve (5) working day of the date of the occ urrence of the grievance, or the employee's knowledge of it. the emplo yee ma y. within the succeed ing five (5) work days. file a written grievance with his /her supervi or. The super,i sor shall atte mpt to adjust the matter and shall respond in writing to the employee within five (5) work days. Step 2. If the answer is not satisfactory , the matter shall be presented in writing by the employee to the deparunem head within five (5) work days following receipt of the super viso r 's re sponse. The department head shall respond in writing to the employee wi thin five (5) wo rk day s. Step 3. If the grievance still remains unadjusted. it shall be pre se nted by the employee co the Ciry Manager in writing within five (5) work da ys following receipt of the re spo nse of the department head. The City Manager or his /her designated hearin g officer shall ha ve a meetin g wi th the grievant to review the grievance and all relevant information . Within ten ( I 0) work days of that meeting , the City Manager or his /her designated hearin g officer wi ll issue a written decision . Step 4. 1. If the grievance is still unre so lved , the Association within fourteen (14) calendar days after the repl y of the City Manager or his /her de sig nated hearing officer , ma y by written notice request the matter be submitted to arbitration . The panies will attempt co choose a muruall y agreeable arbitrator . If within five days of the request for arbitration the As socia tion and the City cannot muruall y agree on an impartial arbitrator. a reque st will be filed with the American Arbitration Association for a panel of seven arbitrators to be se nt to the parties . The arbitrator shall be selected by a method of alternative striking of names from the panel , with the first strike determined by a coin flip . The final name left on the panel shall be the arbitrator. The arbitrator 16 • ., • l ) I • 0 • • • ,. ,-· • '" ... • - shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. 2. Each party shall be responsible for compensation to its own representatives and wimesses. The fees of the arbitrator shall be borne equally by the Association and the Cicy . 3. If either party desires a verbatim record of the proceedings. it ma y cause such a record to be made, provided it pays for the record and makes a copy available to the arbitrator. If the other party wishes to have a copy of the transcript it shall share all costs for the transcript. 4. Authority of Arbitrator. The arbitrator shall have no power to add to or subtract from or change the terms of thi s Contract. The wrinen decision of the arbitrator shall be final and binding upon the parties . The arbitrator shall limit his decision strictly to the grievance submitted which has been properl y processed through the grievance procedure outlined. S. Failure by an employee or the Association to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time. the grievance will automatically proceed to the next step. At the employee 's option . the employer may be allowed additional time to respond . Grievance Option It is agreed that should the appeal procedure as provided under 138 :3 of the Cicy Charter or applicable Cicy ordinance is utilized . recourse to the grievance procedure included in this Anicle shall be waived. Processine Grievance Purine Workine Hours Grievances may be investigated and proce sed by the employee o r designated employee representative during working hours, within reasonable time limics. without loss of pa y. provided notice is given and the work load permits . ARTICLE 28. LETTER OF CORRECTIVE ACTION Wrjnen Corrective Action A. When the supervisor determines that a written corrective action is appropriate and necessary. the corrective action shall be addressed to the employee and shall include the violation : the specific behavior and the dates of the behavior (w hen appropriate) that support the charge: the warning that continuance of this behavior will result in disciplinary action: and an offer of assistance in correcting the behavior. 17 0 I • 0 - • j • • • - B. A signed copy of the corrective action by the supervisor shall be included in the employee ' official personnel tile in the Employee Relations office. and the employee shall have the opportunity 10 submit written commen!S in response 10 the corrective action 10 be included in the file . After a period of one ( 1) year from the date of the filing of the wrinen corrective action. the supervisor shall review said letter and provide a follow-up letter indicating the ·1arus of the written corrective action. C. If the corrective actions was for unacceptable behavior such as absenteeism. tardiness. or rules violations and no similar violations were commined by the employee during the following one (1) year period. the corrective action shall be replaced with a wrinen Slalement by the employee 's supervisor that no similar violation has occurred during the one ( 1) year peri od and that the corrective action has been removed from the employee 's personnel file . D. The employee retains the right through the Association 10 an admini s1ra1i,·e review of the wrinen corrective action. A request for such review must be filed with the Director or Administrative Services within ten (JO) working days of receipt of the lener of corrective aci iu n by the employee. An Administrative Review Board consisting of cwo (2) repre -entati\'e o f Lhe City appointed by the Director of Administrative Services and tw o (2) repre sentative o f Lhe Association appointed by the Association President shall make up the :\dministraii,·e Re,·iew Board. The Director and the Association President will consider members of the T earn for Quality Work Environment for appoinonent to the Board . This Board shall be advisory lO the Deparunem Director. and its written findings shall be forwarded to the employee. the As ocia1ion . the Department Director, and placed in the employee 's personnel tile . Upon receipt of the Board 's findings. the Deparunent Director shall. within ten 10) working days respond in writing to those findings. (If the Deparunent Director is unable to respond in JO days, a time agreeable to the employee, the Association and the Director must be found .) Copies of this response shall be forwarded 10 the employee, the Association. the Board. and a copy shall be placed in the employee 's personnel file. This Article shall not be grievable under this Contrac1. ARTICLE ~9 . DUES DEDUCTION A. The City agrees to deduct the Englewood Employees Association dues each pa y period from the pay of those employees who individually request in writing that ·uch deductions be made. subject to the garnishment laws of the S1a1e of Colorado . The amounts 10 be deducted shall be certified to the City Finance Director by the Treasurer of the Association , and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month. after such deductions are made. The authorization shall be revocable during the term of the contract. upon a thirty-da y (30 ) ,vrinen notice by the employee 10 the City Finance Director. B. If no wages are paid an authorized employee on the last pay period uf a given pay period. deduction for that pay period will be made from any wages which may be paid to him iher on the next succeeding final monthly City pay period . It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment 10 the Englewood Employees Association of any dues during any time that an employee is not acrually working for 18 • A I • 0 • • -. • '",., ,. • • ' the City and actually on the payroll of the City . In the event of error on the check-off list. the City will not be responsible to make adjusnnents. until notified by the Treasurer of the Englewood Employees Association . C . The Englewood Employees Association shall inderrmify and hold the City harmless against any and all claims. suits , orders , or judgments brought or issued against the City as a re sult of any action taken or not taken by the City under the prov ision of this Anicle . D . Changes in the dues amount to be deducted shall be limited to tw o (2) changes each year, providing a thirty (30) day wrinen notice is provided to the City Finance Director. E . Should the change in the deduction amount or method require a computer programming change. the Englewood Employees As sociation shall be responsible for the cost of such change or changes , at $30 per hour with a four (4 ) hour maximum . Pay ment from the Englewood Employees Association shall be made to the City Finance Director within ten ( 10 ) days of receipt of billing . ARTICLE 30. ASSOCIATION ACTIVITIES The City agrees that during working hours on the Ci ty premises and with o ut loss of pay. Englewood Employees Association members may be allowed to : anend Eng lew ood Employees Association and/or management meeting s; post Englewood Employees Association notices o n c ity designated bulletin boards; solicit Englewood Employees Association memberships during employee's non-work time : and represent employees on grievances and ne gotiaci o ns . One (1) employee representati ve fr o m the Utilities Department and one (1) employee representative from the Wastewater Treatment Plant will be all o wed one ( 1) hour time off fr o m work with pay each month 10 anend monthl y associacion meecin gs . ARTICLE 31. STANDBY PAY All employees covered by this Contract and assigned standby du ty shall be compensaced at a rate equal to eight (8) hours at hi s/her regular race of pa y for one week o f scandb y duty . ARTICLE 32. CALL BACK Any time an employee on off-duty starus is called back to work he /she shall be cn:diced with a minimum of two (2 ) hours pay at the rate of one and one-half ( 1 1/2) cime s hi s/her regular hourly rate . 19 • .. • A I . 0 • • • • ~ ,., . ~ ' -· .. • - ARTICLE 33. LABOR MANAGEMENT COMMITTEE A Labor Management Conunittee consisting of four (4) members appointed by the Union and four (4) members appointed by the City shall meet on a quanerly basis . The committee will only deal with group issues that are not dealt with through other existing committees or grievance procedures . The Union will send its agenda items to the Administrative Services Director at least one (l) week prior to the date of the quanerly meeting . ARTICLE 34 . EXCLUSIVENESS OF CONTRACT The City and the Association agree that the terms and prov1s1ons herein contained constirute the entire Contract between the panies . The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this Contract and. therefore, agree that negotiations will not be reopened on any item during the life of this Contract. except by murual agreement of the panies . IN WITNESS THEREOF, the panies have caused this Contract lO be signed by their respective representatives, and their signarures placed thereon. on this day of __ ------· 2000 , at Englewood , Colorado . ENGLEWOOD EMPLOYEES ASSOCIATION, AFSCME LOCAL #303 CITY OF ENGLEWOOD Mayor ATTEST: 20 City Clerk City Manager .. ' • I 0 I . 0 • • ,, . ~ .,...... • l ' ;,• .. • • .. 0 )-OeJ I RESOLUTION NO . SERIES OF 2000 A RESOLUTION AUTHORIZING THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOO D FIREFIGHTERS LOCAL NO. 1736 AND THE CITY OF ENGLEWOOD FOR THE PERIOD OF JANUARY 1. 2001 THROUGH DECEMBER 31 , 2002. WHEREAS, the Englewood City Council authorized the Co llective Bargaining Contract between the Englewood Firefighters Local No. 1736 and the City of Englewood for the years 1999 and 2000, by the passage of Resolution 10 7, Series of 1998 : and WHEREAS, the City of Englewood and the Englewood Firefighters Local No. 1736 entered into negotiations m May, 2000 in accordance with the Englewood City Home Rule Charter; and WHEREAS, the members of the Englewood Firefighters Loc al No. 1736 duly ratified. by a majority of the members , the Collective Bargammg Contract; and WHEREAS , significant changes to the Contract are as fo ll ows : (1) Employees covered by the Contract will receive a five percent (5%) increase over the 2000 base wage rate. effective January 1, 2001 and a five percent (5%) increase ove r the 200 1 base wage rate , effective January 1, 2002. Wage rates may be subject to negotiation for the year 2002. The pay rate for Firemedic I will be 2.5% more than Driver-Operator-Engineer for 2001 and 5% more for 2002. The pay rate for Firemedic II will be 2.5% more than Firefighter I for 2001 and 5% more for 2002 . (2) Article 8 , H(l) now refers to "Merit Pay·· a nd modifies the assignments eligible for such pay. (3) Article 90, "Compensatory Time ·· has been deleted and the change referenced in Article 12C . (4 ) Article 25 . ''Life Insurance" was a mended to refl ect the current benefit level. (5. Articles 2, I 5. 17 , 19 , 2 1 a nd 28 were amende d to incorporate references to the corresponding City of Englewood policies . NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCI L OF THE CITY OF ENGLEWOOD, COLORAD O. AS FOLLOWS : Section l. The City Counci l of the City of Englewood . Colorado hereby approves the Collective Bargaining Contract between the Englewood Firefighters Local No . 1736 and the City of Englewood for the period of January 1, 2001 through December 31. 2002 , attached hereto as Exhibit A . • ' . ., I • 0 - • .. ._, ,~ ...... --• • - .. $ectjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest the Collective Bargaining Contract between the Englewood Firefighters Local No . 1736 and the City of Englewood, Colorado , for the years of 2001 and 200 2. ADOPTED AND APPROVED this 26th day of June 2000. Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis , City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewoo d , Colorado, hereby certify the above is a true copy of Resolution No._, Series of 2000 . Loucrishia A. Ellis .. . ' I • 0 • .. • - COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL 1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 2001 AND 2002 • • • 0 • X .. I • I T A ., , . .. I· 0 I ' ,. .. • • - INDEX ARTICLE RECOGNITION Page 3 ARTICLE 2 EMPLOYEE RIGHTS Page 4 ARTICLE 3 BULLETIN BOARDS Page 5 ARTICLE 4 DUES DEDUCTION Page 6 ARTICLE 5 RULES AND REGULA TIO NS Page 7 ARTICLE 6 DURATION OF CONTRACT Page 8 ARTICLE 7 HOURS OF WORK Page 9 ARTICLE 8 COMPENSATION Page 10 ARTICLE 9 OVERTIME Page 13 ARTICLE 10 ACTING PAY Pa ge 15 ) ARTICLE II ANNUAL LEA VE Page 16 ARTICLE 12 PERSONAL LEA VE Page 17 ARTICLE 13 DISABil.lTY -TEMPORARY Page 18 ARTICLE 14 WORKERS' COMPENSATION Page 20 ARTICLE 15 MILITARY LEA VE Page 2 1 ARTICLE 16 FUNERAL LEA VE Page 22 • ARTICLE 17 JURY DUTY AND WITNESS SERVICE Page 23 ARTICLE 15 HOLIDAYS Page 24 ARTICLE 19 VOTING LEA VE Page 25 • ARTICLE 20 TRADING TIME Page 26 I • 0 ARTICLE 21 UNPAID LEAVES OF ABSENCE Page 27 -. • '· --• ,, ... • . , -... INDEX (CONTINUED) ARTICLE 22 UNIFORMS Page 28 ARTICLE 23 AUTOMOBll.E ALLOWANCE Page 29 ARTICLE 24 INSURANCE Page 30 ARTICLE 25 LIFE INSURANCE Page 31 ARTICLE 26 RETIREE HEAL TH INSURANCE REIMBURSEMENT Page 32 ARTICLE 27 LAYOFF Page 33 ARTICLE 28 TUITION REIMBURSEMENT Page 34 ARTICLE 29 SETILEMENT OF DISPUTES Page 35 ARTICLE 30 SUPPLIES Page 38 0 ARTICLE 31 DRUG TESTING AND PHYSICAL FITNESS Page 39 ARTICLE 32 DEATH AND DISABD..ITY ASSESSMENT Page 40 ARTICLE 33 EXCLUSIVENESSOFCONTRACf Page 41 • • ii I· C, • • • • • ·,, • - COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD FIREFIGHTERS LOCAL #1736 AND THE CITY OF ENGLEWOOD FOR THE YEARS 200 I AND 2002 This contract is entered into by and between the Ciry of Englewood (hereinafter referred to as the "City ") and the Englewood Firefighters (hereinafter referred to as the "Cnion "). It is the purpose of this contract to achieve and maintain harmoniou s relation s between the City and the Union; to provide for equitable and peaceful adjustment of differences which ma_ :.ui e. and to establish proper standards of wages. hours and other condition of employment. Except where limited by express provisions el sewhere in this contract. nothing in this contract shall be construed to restrict. limit. or impair. the rights. powers and authority of the City as granted to it under the laws of the State of Colorado and the City 's Charter and Municipal Code . The rights. powers. and authority include. but are not limited to , the following : A . The determination of Fire Division policy including the right to manage the affairs of the Fire Division in all respects. B . The right to assign working hours, including overtime . C. The right to establish, modify or change work schedules. manning of apparatus . amount of apparatus in the main or reserve fleet. etc . D . The right to direct the members of the Fire Division including the right to hire, promote. transfer or discipline or discharge for cause. any fire fighter within the Fire Division . E . The table of organization of the Fire Division including the right to organize and reorganize the Fire Division in any manner it chooses. including the size of the Fire Division and the determination of job classification and ranks based upon duties assigned. F . The determination of the safety, health and property protection measure for the Fire Division. G . H . The allocation and assignment of work to all firefighters within the Fire Division . The determination of policy affecting the selection or training of firefighters. • ,. I • 0 - • • • •· .•' .. • - I. The scheduling of operations and the determination of the number and duration of hours of assigned duty per week. J. The establishment, discontinuance. modification and enforcement of Fire Division rules, regulations and orders . K. The transfer of work from one position to another within the Fire Division . L. The introduction of new, improved or different methods and techniques of operation of the Fire Division or a change in the existing methods and techniques. M. The placing of service, maintenance or other work with outside contractors or other agencies of the City . N . The determination of the number of ranks and the number of firefighters within each rank. 0. The determination of the amount of supervision necessary . 2 ., 0 I· C, 32 I ]- • • • •'-·· .. • -.. ARTICLE I. RECOGNITION The City recognized the Union as the organization certified pursuant to the Charter of the City of Englewood. as the sole and exclusive collective bargaining agent for all full-time classified Englewood Firefighters including Firefighter, Driver-Operator-Engineer. Firemedic and Lieutenants. The City agrees that it will not decertify or withdraw recognition of the Union as a result of any member of the bargaining unit serving temporarily in an acting capacity in a position outside of the bargaining unit. 3 ., .. .. I· 0 - • • • .. ... ARTICLE 2. EMPLOYEE RIGHTS • .. • - A. A full-time classified employee covered by this contract shall have the right : I. To fonn, join, suppon or participate in or to refrain from forming, joining, supporting or participating in any employee organization or its lawful activities; and 2. Bargain collectively through their certified employee representative . 3. No employee shall be interfered with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns with the City be infringed upon . 4 . See Related City Of Englewood Policies: • # 6 Equal Employment Opportunity/Harassment • #47 Violence In The Workplace 4 Exhibit I Exhibit Il ., , . .. I • 0 I - • • • • .. • -.. ARTICLE 3 . BULLETIN BOARDS A. The City agrees to provide space in the fire station for Union bulletin boards which shall be properly maintained by the Union . They arc to be used for the following notices : I. Union meetings. 2 . Union elections. 3 . Reports of Union committees . 4. Rulings of policies of the International Union. 5 . Recreational or social affairs of the Union . B . The Union agrees that there shall be no other general distribution or posting by the Union or employees upon City property. provided . however. the Director of Safety Services may permit other material not provided for above at his/her di scretion to be posted or distributed . The material posted shall not contain an ything reflectin g derogatorily upon the City, any of its employee s. or an y other organization of C ity employees. The City agrees that during working hours on City premi ses and without loss of pay, Union members may be allowed to : attend U nion and/or management meetings , post Union notices, solicit Union membership during employee 's non-work time, and one on-duty representative will be allowed to assi st an employee on grievances, or appeals. provided advance notice is given to the Director and the work load permits . 5 • ' . ., 0 I • 0 - --• .. • - ARTICLE 4. DUES DEDUCTION A. The City agrees to deduct the Union dues twice each month from the pay of those employees who individually request in writing that such deductions be made. subject to the garnishment laws of the Swe of Colorado. The amounts to be deducted shall be certified to the City Director Finance and Administrative Services by the Treasurer of the Union, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made . The authorization shall be revocable during the term of the Contract, upon a thirty (30) day written notice by the employee to the City Director of Finance and Administrative Services. 8 . Deduction shall be made from only two (2) payments of wages each month. except that if wages are not paid an authorized employee on the last payday of a given month. deduction for that month will be made from any wages which may be paid to him/her on the next succeeding final monthly City payday . It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Union of any dues during any time that an employee is not acwally working for the City and acwally on the payroll of the City . In the event of error on the checkoff list, the City will not be responsible to mi .kc adjustments. until notified by the Treasurer of the Union. C. The Union shall indemnify and hold the City harmle ss against any and all claims . suit, orders or judgment brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article . D . Changes in the dues amount to be deducted shall be limited to two (2) changes each year and provided a thirty (30) day written notice is provided to the City Director of Finance and Administrative Services. E . Should the change in the deduction amount or method require a computer programming change, the Union shall be responsible for the cost of such change or changes, at $30.00 per hour with a four (4) hour maximum . Payment from the Union shall be made to the City Director of Finance and Administrative Services within ten ( 10) days of receipt of billing . 6 ,. . • ) I • 0 • • • --· • , ..... .. • - ARTICLE 5. RULES AND REGULATIONS A. Except as limited by the express terms of this contract, the City retains the right to promulgate reasonable rules, regulations , policies, procedures and directives . Said rules , regulations , policies , procedures and directives which are an alleged violation of this contract shall be subject to the grievance procedure . 8 . The City agrees to consult with the Un ion concerning the formulation of changes of rules and regulations, policies, procedures and directives . 7 " I • 0 I - • • • ,,,-. • 1 .,. • -' ARTICLE 6. DURATION OF CONTRACT A . This contract shall take effect on January I, 200 I and shall continue in force to and including December 31, 2002. provided that either pany may reopen for negotiation Articles 8 and 24 only, by giving written notice of intent to negotiate any or all of those articles prior to May 15. 2001. Any such negotiations shall proceed as provided in the City Charter. B . This contract or any part of it , may be terminated or renegotiated at any time by mutual consent of both parties . C . If any article or section of this contract should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Coun, the remainder of this contract shall remain in full force and effect. and the panics shall promptly meet and confer for the purpose of attempting to arrive at a mutuall y satisfactory replacement for such article or section . D . The parties agree and understand that provisions relating to employees covered by this contract shall in no way displace or modify present or future statutory case law of the State of Colorado . E. The parties acknowledge that during negotiations which resulted in this contract, each had the unlimited right and opportunity to make demands and proposals with respect to any subject or matter appropriate for meetings and to confer and have discussions and that the understandings and agreements arrived at by the parties after this exercise of that right and opponunity are set fonh in this contract . 8 • j 0 • • 0 • • ,. r., .. • - ARTICLE 7. HOURS OF WORK A. For those employees assigned to shift work. the work schedule shall normally consist of any average of seventy-two (72) hours of work in nine (9) consecutive days. reoccurring work cycles based on a twenty-four (24) hour alternating basis of Berkley system . B . Employees assigned to non-shift work shall normally be scheduled for an average of at least forty (40) hours of work in seven (7) consecutive day reoccurring work cycles . C. It is specifically understood and agreed that nothing herein shall be construed as guaranteeing employees a minimum or maximum number of hours per day or per week . D . The schhedule may be changed by the Director of Safety Services provided a minimum nine (9) days advance notice is given . Work schedules may be changed without advance notice in the case of emergencies as determined by the Director of Safety Services . 9 ' . ,. I • 0 3 I • • -. ,,.-·· • • -' ARTICLE 8 . COMPENSATION A . The salary schedule that becomes effective on January I, 200 I , is as follows. and reflects an inc~ of 5 .00% over the 2000 salary schedule , except for the salarie s of Fircmedic I and Firemcdic II which shall additionally be increased per paragraph 8 (2) of this anicle . Regular Straight Premium or Time Hourly Overtime Rate Rate Monthlv Annual Firefighter (probationary) $12 .06 518 .09 2927.03 3512-Ul Firefighter ID 13 .73 20.60 3332.63 39991.61 Firefighter II 15 .11 22 .66 3665 .91 43990.95 Firefighter I 16 .62 24 .93 4032 .50 48390 .03 Firemedic II 17 .01 25 .52 4 128 .51 49542.17 Firemedic I 18 .71 28 .07 4541 .36 54496.3 7 Ori ver/Operator/ Engineer 18 .28 27 .42 4435.75 53229 .02 Lieutenant 20.11 30.16 4879 .33 58551.95 A The salary schedule that becomes effective on January 1. 2002 is as follow s. and reflects an increase of 5.00% over the 2001 salary schedule, except for the salaries of Firemedic I and Firemedic II which shall additionall y be increased per paragraph 8 (2) of this anicle . Regular Straight Premium or Time Hourly Overtime ~ ~ Monthl:t Annual Firefighter (probationary ) $12.67 19 .00 3073 .39 36880.63 Firefighter ID 14 .42 21 .63 3499 .27 41991.19 Firefighter II 15.86 23.79 3849.21 46190.49 10 ., I • 0 • • • ~ .,.-·~ • ·,· • -' Firefighter I 17 45 26.17 4234.13 50809 .53 Firemedic II 18 .29 27 .43 .W38 .15 5 325 7.8 3 Firemedic I 20.12 30.18 4881.97 58583 .60 Driver-Operator- Engineer 19.19 28 .7 9 465 7 .54 55 890.47 Lieutenant 21.11 31.67 51'.:3 .30 6 14 79 .55 B . (I) The pay rate for Driver Operator Engineer is 10 % more than F irefighter I. the pay rate for Lieutenant is 10 % more than the pay for Dri ver-Operator-En gi neer. (2 ) The pay rate for Firemedic I will be 2.5 % more than Driver-Operator-En g ineer fo r 2001 and 5 % more for 2002 . The pay rate fo r F iremed ic Il wi ll be '.:.5c,o more th an Firefighter I for _oo I and 5 % more for 2002. (3) The base wage rate for Firefighter II is ten perc ent ( 10%) bel o w the base wage rate for Firefighter I. The base wage rate for F irefighter ill is ten percent ( I Oc,o) below the base wage rate for Firefighter II . (4 ) In no event shall an employee's base wage rate be reduced for the years '.WO I and 2002, provided that wage rates may be subject to negotiation for the year '.:0 0'.: in accordance with Article 6.A. C . The compensation figures identified in Paragraph A above are bas ed upon the number of regularly scheduled hours per month and per year including ovenime. and are no t adj us ted fo r the city's biweekly pay system. The methodology used in determining the hourl y . premium/ovenime. monthly and annual compensation is contained in Appendix B attached C. The hourly rate set fonh above is the employee·s strai g ht time hourly wage rat e fo r th e purpose of computing premium/ovenime compensation . The annual compens ation reflected in Paragraph A above includes compensation for scheduled ovenime. D . In the event the seventy-two (72 ) hour work schedule based upon a nine (9 ) day reoccurring work cycle identified under Section 7(k ) o f the Fair Labor Standards Act is adj uste d or amended. hourly wage rates shall be adjusted so that the end result s hall continue to reflec t an annual gross compensation as identified in Paragraph A . F . In addition to their regular hourly wage rate, qualified employees holding the rank o f Firefighter who are assigned and authorized by the Fire Chief to perform on a regular basi s Firemedic duties shall receive a ten ( I 0 %) percent wage increase over and above the affected employees· regular hourly wage rate . 11 I • 0 - • • -· • t. • . •· .. • - "• G. In addition to their regular hourly wage rate, shift fire investigators assigned and authorized by the Director of Safety Services will receive : • $100.00 per month or its hourly wage rate equivalent and • shall be eligible for discretionary Merit Pay of up to $600 each year, payable as set fonh in Paragraph H (2). H. ( 1) Each employee appointed by the Director of Safety Services to one of the following assignments shall be eligible for Merit Pay in an amount determined by the Director. up to a total of $1,200.00 each year: Hazardous Materials Team Leader/Instructor Technical Rescue Team Leader Safety Education Team Leader or other assignments as determined by the Director of Safety Services after consultation with the Union. (2) Such Merit Pay shall be awarded in the exercise of the Director's discretion. based upon specific performance criteria developed by the Director and made available to employees. Merit Pay shall be determined and paid semi-annually, no later than June 1 and December I each year . 12 ,• . . I • 0 32 • • -• ~ _,,-·· • '.1\, • -' ARTICLE 9 . OVERTIME A. Standard Ovenime. I . Upon determination that the reponing of assigned personnel to the duty s hift is below the City established level. the call to off-duty personnel for ovenime will be made . 2 . Non-exempt employees covered by this co ntract working in positions o ther than their actual rank are counted in acting capacity. ln the event requirements ne cessi tat e positions be filled with actual rank. personnel of said rank will be ordered in . 3 . Non-exempt employees covered by thi s contract shall re ceive overtime compensation for work performed over and above the as s igned work ·chedule . Any ovenime compensation for training s hall be pursuant to the pro visions of the Fair Labor Standards Act. All ovenime c ompensation shall be calculated at time :md o ne -half ( I 1/2) of the employee · s regular wage rate . 4. The person working overtime will be paid actual hour wo rked for that position which he/she fills. The method used to sel ect F ire fighters to work ove rtime ituations will be contained in procedures published by the Directo r of Safety Service~. The procedures will provide a fair and equitable distribution of overti me among barg aining unit employees. The procedure will contain a selection process whereby an eligible individual will not forfeit hi s/her position in the se lection process if: le ss than a twelve - hour block of time is worked : if the employee is sick or on annual leave ; or if this would require the employee to work seventy-two (72 } consecutive hours . or more. Refu sa l fo r sickness will be accepted only if the employee was absent the last duty day due to illne ss or temporary disability leave . Annual leave is the period of time from the end of the last day worked until the employee returns to duty . However, if an employee is on a nnual leave, he/she has the option to work on any but his/her own shift . 5 . If no off-duty personnel wish to work. the Shift Commander will o rder in the first person he/she contacts following the normal rotation . If the ovenime perso n is not at the assigned station by the beginning of the shift. the person held over from the previous shift shall be given ovenime in quaner (1/4) hour increments . 6 . If at any time during the shift the absent perso nnel returns to duty. the o fficer in charge will relieve the person who came in to work that ovenime position . The person working the ovenime will be paid a minimum of two (2) hours worked . If more than two (2) hours are worked. his/her time will be computed to the neare st next half t 1/2 ) hour. 7 . No one other than the Director of Safety Services. the on-duty Shift Commander. or acting Shift Commander. Union representative. at the request of the employee. with the employee and management personnel present. shall have access to or review the ovenime cards . Any person not following this policy or found tampering with the file will be subject to disciplinary action by the Director of Safety Services. 13 • • I • 0 • • ' . ,~· / ..... B. Emergency Overtime. • .. • - l. Emergency overtime is defined as a multi-alarm situation or disaster where more than normal manning is required and must be authorized by the Director of Safety Services. 2. When non-exempt employees covered by this contract work overtime on an emergency call back basis, that overtime shall be computed on a forty (40) hour duty week wage basis. C. Combined overtime . l . When a non-exempt employee covered by this contract is working a standard overtime shift and responds to an emergency with other employees called in on emergency overtime, he/she will be compensated on the emergency overtime basis during the period of that emergency. 14 • ,. ., .. 0 I • 0 3 - • • /'. • .. ... • - ARTICLE 10 . ACTINGPAY 'The following acting positions assigned and authorized by the Director of Safety Services or the Director's designated representative will be compensated at full pay . The employee must be in the position three (3) consecutive shifts before the employee becomes eligible for acting position compensation. Such pay shall be retroactive to the first day the employee assumes responsibility of the position . Acting assignments will be made according to the following procedure : Acting 0.0.E . First Priority -Eligibility List Second Priority -Check-off List Third Priority -Firefighter I Fourth Priority -Firefighter D Acting Lt. First Priority -Eligibility List Second Priority -DOE/Firefighter I Third Priority -Firefighter D 15 • .. • , I I· 0 3 xi - • • • • • - ARTICLE 11. ANNUAL LEAVE A. Shift work employees shall be entitled to annual leave according to the following schedule: Hourly Hourly Annual Accumulation Accumulation Total Per ~onth Per Pa:i Period Hours ~ 1-4 years continuous service 13 hours 6 hours 156 6 .5 5-9 years continuous service 15 6.92 180 7.5 I 0-14 years continuous service 19 8.77 228 9 .5 15-19 years continuous service 21 9.69 252 10 .5 20+ years continuous service 23 10 .62 276 11.5 In order to qualify for annual leave credit during the month. the employee must have worked at least one-half ( 1/2) of the working days of that month excluding authorized paid leave. Annual leave shall not be granted to any employee until he /s he has been in the employ of the City for at least s ix months . B . The maximum accumulation of annual leave shall be two (2) times the employee's normal annual leave accumulation . C. Method of Selection -The selection for use of annual leave shall be by seniority. The first round of selection begins by those employees with greatest seniority choosing first and those with less seniority choosing last . The second round of selection will begin with those having less seniority choosing first and those with more seniority choosing last . D . Use -The schedule for use of annual leave shall be determined by the needs of the Department. Annual leave shall be taken at a time convenient to and approved by the Director of Safety Services . E . Annual Leave Pay · The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee 's regular job and charged on a working hour basis, excluding regular days off. Annual leave shall be allowed only to the total hourly amount accumulated at the beginning of the leave . F. Minimum Usage · There shall be a one ( 1) shift minimum use of annual leave time for shift workers with the following exception : If an employee covered under this contract has used all of the personal leave provided to him/her for the year. the employee may use annual leave of less than one (I) shift as approved and authorized by the Director of Safety Services or the Director's designated representative . G . Annual Leave Pay Upon Separation -Any employee who is separated from the service of the Citv. i.e ., retirement, termination or layoff, shall be compensated for the unused annual leave time accumul;ted at the time of separation. 16 .. 0 I • 0 • • • • -· • I· ... .. .. • -' ARTICLE 12 . PERSONAL LEA VE All shift work employees covered by this contract shall be granted ninety -six (96) hours of personal leave with pay which an employee is entitled to use for the follow ing purpose s : A . Employee's own illness/injury 8 . Illness/injury of employee's family C . To attend to personal business. For any employee who has not used the ninety-six (96) hours of perso nal leave. the C ity wi ll compensate said employee for the unused time at the employee's regular wage rate to be pai d according to the prevailing payroll schedule. Personal leave time shall not exceed ninety-six (96) ho urs nor s hal l it be accumula1ed or carried over from one year to the next. In the e vent of illness/inj ury in whi c h personal leave is requested, the employee shall notify his/her superv isor at leas t one ( I ) hour pri o r to the employee's scheduled reponing time. Those employees with balances in the "Compensatory T ime Ban k .. as of Janu ary I , 2001 may exhaust their balances , but no funher transfers into the banks will be allo wed . 17 A ' I • 0 • • -• ,,.. .. • ... • - ARTICLE 13. DISABILITY -TEMPORARY (NON JOB RELATED ) A. Definition -Temporary di sability is leave granted for non-service connected injury or illness of an employee which disability prevents the employee from performing his/her duties as a Ci ty employee. B . Provision -During the life of thi s contract the City agrees to provide temporary disability leave with pay for employees absent as a result of illness/injury at the rate of one hundred percent ( 100%) of the employee's regular wage up to nine hundred sixty (960) working hours. { one hundred twenty (120) days/forty (40 ) shifts.} C. Temporary disability leave shall not be accumulative except that on January I of each year, the City shall restore one hundred percent (100%) of the number of hours/days/shifts used by an employee during the preceding year up to a maximum of 480 hours, sixty (60) day s or twenty (20 ) shifts . D . Utilization. I . Authorization for temporary disability leave with pay hall onl y be granted after the first shift/day of disability . 2 . Authorization for temporary disability shall be granted for the illne ss or injury of the employee not service connected. includi ng maternity related disability .. (See related City Of Englewood Polic y# 3 1 "Famil y And :vtedi cal Leave Po lic y" -Exhibit ID) E. Sick Leave Option -All sick leave acc rued b. employee pnor to January I , 1980. shall vest with the employee. and may be used in the followi ng manner : I . After the hours/days/shifts descnbed a bove have been used . unle ss the employee is entitled to retirement as a result of disability . 2 . By cashing in all accrued sick leave accumulated under the previous plan upon normal retirement from the City at the rate of one (I ) hour's pay for each two (2) hours of accrued sick leave at the employee's regular rate or one (I ) hour's pay for each four ( 4) hours upon separati on from the City . 3 . B y cashing in acc rued s ick leave under the previous plan, once eac h year at the conversion rate of fou r (4 ) hours sick leave for one (1) hour pay , not to exceed a conversion of more than four hundred (400) hours each year. F . Reporting of Temporary Di sa bility -The employee or a member of the employee's household shall notify the employee's Shift Commander at least thirty (3 0 ) minutes prior to the employee 's scheduled reporting time . No temporary disability leave will be granted to an employee who fails to notify their Shift Commander prior to the beginning of the employee's work schedule . The employee's Shift Commander may waive the reporting requirement depending upon the circumstances surrounding the temporary disability. 18 • .. ... I • 0 • • • -• .. • - G. Verification of Disability -Per the City of Englewood Shon Term Disability Policy (#37), if absence from work is in excess of three (3) consecutive work days/shifts, a medical release must be provided by the employee. lf the City requires the employee to seek a second opinion, the City will bear the cost of the second examination. H. Abuse of Temporary Disability -Abuse of temporary disability occurs when an employee misrepresents the actual reason for requesting temporary disability or when an employee uses temporary disability leave for unauthorized purposes. An employee who makes a false claim for temporary disability leave shall be subject to disciplinary action or dismissal . 19 ) I • 0 I • • -· • .. ... • -.. ARTICLE 14. WORKERS' COMPENSATION A. For any work related injury/illness which causes any employee to be absent from work. the City shall pay employee his/her full wages from the first day of his/her absence from work up to and including the 90th calendar day of such absence, less whatever sums received by the employee as disability benefits under Workers' Compensation. The City reserves the right to require any employee on injury or disability leave to submit to an examinations by City-appointed physicians at the C ity's expense or under the provision of workmen 's compensations or the retirement/pension provision as provided under State statUte. B. All injuries that occur during working hours shall be reported to the employee's supervisor within twenty-four (24) hours of the injury or before the employee leaves their department of employment unless circumstances beyond the control of the employee would not permit . 20 '.) I • 0 - • • • ... • • ' ARTICLE 15 . Mll.ITARYLEAVE Military Leave will be granted per the City of Englewood Administrative Policy #35 , "Military Leave Policy ." See Exhibit IV . 21 , . • I . 0 - .... • • • • •.: • • ' ARTICLE 16 . FUNERAL LEAVE The Director of Safety Services shall grant leave with pay to an employee to attend the funeral of a member of the employee's family . The number of days/shifts granted shall be governed by the circumstances of the case, but shall be at least one (I ) day/shift and in no event shall they exceed three (3) of the employee's regularly assigned days/shifts. For the purposes of this section "employee 's family " shall mean the employee's spouse, or the children , grandchildren. parents, grandparents. brothers and sisters of the employee or of the employee 's spouse and other members of the family at the discretion of the City . 22 • I 0 I . 0 3 I • • • • ... • -.. 0 ARTICLE 17. JURY DUTY AND WITNESS SERVICE Leave may be granted to an employee for serving on jury duty or as a witness in his/her official capacity in obedience to a subpoena or direction by legal authority. He/she shall be entitled to the difference between his/her regular compensation and the fees received for jury duty or as a witness. When he/she is subpoenaed as a witness in private litigation to testify, not in his/her official capacity but as an individual, the time absent by reason thereof shall be taken as accrued leave or leave without pay. See Cjty Of Englewood Administrarjve Poljcy Manual, #34 "Jury Duty And Witness Service" -Exhibit V. 23 ' . , . I· C, 2 I • • I \...J " -• '. ·•' .. • -' ARTICLE 18. HOLIDAYS A. (I) Shift work employees covered by this contract will be eligible for seventy-two (72) hours of holiday time-off or pay . (2) The payment for holidays will be made the first pay period in December o f each year based on the employee's regular straight time hourly wage rate. Employees must notify the Department by October 1 of each year, of their intention of receiving holiday! pay in lieu of time off. (3) For employees to be eligible for holiday pay/time off, the employee mus t have worked al least one-half ( 1/2) of the scheduled hours each month excluding authorized paid leave. (4) Holiday pay for terminating and new hire employees will be determined on a monthly pro rata basis. (Example : If an employee retires on June 30. 1989 , the employee is eligible on a monthly pro rata basis for six (6) months or one-half ( 1/2) of the se venty - two (72) hours holiday benefit.) B . Forty (40) hour employees will not be eligible to receive a holiday pay cashout. but shall receive the days off on the eleven ( 11 ) officially recognized City holidays provided the employee has actually worked or had approved paid leave on the day immediately prior to and following a holiday unless otherwise approved by the Safety Director. A shift work employee who is assigned to a forty (40) hour assignment during the course of the year will be paid the pro rata holiday pay cashout at the end of that year for the period that he was on s hift work . 24 • ' ~ ..: • • I I . 0 - • • ,. ,,,-. • ... .. • • .. ARTICLE 19 . VOTING LEAVE Voting Leave will be granted per The City Of Englewood Administrative Policv Manual, Polic y #39, "Voting Leave". See Exhibit VI . 25 ' . ., ... I· 0 • • ~ .,,-. • ), .:'. .. • -' ARTICLE 20. TRADING TIME A . Employees may be permitted to secure another Firefighter of equal rank and qualifications to substitute for them subject to the approval of their Shift Commander. The employee substituting shall be responsible to work the scheduled shift and any absence shall be charged against that employee. Any request for substitutes shall be signed by both Firefighters and approval of the Shift Commander shall also be in writing . 8. Trading time shall be governed by the following criteria: I. The trading of time is done voluntarily by the employees participating in the trade . 2. The reason for trading time is due to the employee's desire or need not because of Fire Department operations . 3. If a trade request is denied by a Shift Commander, the Shift Commander shall provide a written statement to the requesting employee with the reason for denial of the request. 26 \ ~ ' .. '.) I • C, 2 I • • ~ • . . ' .. • ' -' ARTICLE 21 . UNPAID LEA YES OF ABSENCE Unpaid leaves of absence may be granted per policy #38 OF THE CITY OF ENGLEWOOD ADMINISTRATIVE POLICY MANUAL, "UNPAID LEA VE OF ABSENCE .. EXHIBIT VII. 27 • ,. • . ., . I· 0 I • • • • 1· ... ~ ... .. .. . ... • - ARTICLE 22. UNIFORMS A. ( l) If an employee is required to wear a uniform and/or safety equipment, the employee shall wear the uniform and/or safety equipment only as authorized or required by the division work rules . All employees shall maintain a presentable appearance while on duty. 1be employee is responsible for any damage to the uniform or safety equipment by negligence or deliberate act . The City will be responsible for providing all uniforms and safety equipment. (2) The Division on a replacement basis will bear the cost of replacement uniforms. The new replacement uniform will meet or exceed recognized industry standards. ' B The Division will authorize and require specific shoes and will provide a footwear reimbursement of fifty percent (50%) of the cost of authorized footwear up to a maximum of S 130.00 per year. C. Physical fitness sweatshirts. sweatpants, and running shorts will be provided by the Fire Department for employees engaged in the Division's physical fitness program. The above clothing will be provided according to an as-needed basis , determined by the Director of Safety Services . D. Cleaning -The City will be responsible for providing cleaning for all uniforms and/or safety equipment . 28 • '· .. . . I ' • ) I • C, • .. • .,,-· • "' ... , .. .. • -.. ARTICLE 23. AUTOMOBILE ALLOWANCE A Firefighter who is specifically authorized by the Director of Safety Services to operate his/her personally-owned automobile in conduct of City business shall be paid in mileage in accordance with the City's vehicle mileage policy . 29 , . ' . ... .. I· 0 • ARTICLE 24. INSURANCE A. MEDICAL ----. • • - The City will pay eighty-five (85%) of the premium cost for single and dependent coverage for medical insurance. Employees will pay fifteen percent ( 15%) of the premium cost for single and dependent coverage for medical insurance . 8. DENTAL The City will pay eighty-five percent (85%) of the premium cost for single and dependent coverage for dental insurance. Employees will pay fifteen percent ( 15%) of the premium cost for single and dependent coverage for dental insurance. C. It is understood and agreed that should the premium costs for either of the City·s insurances be reduced during the life of this contract, the City and employees will equally share in the premium rate reduction. D. Any dispute concerning the interpretation or application of benefits provided under the health or dental plans shall be subject to the plan appeal process. It is expressly understood that this article is a non-grievable item under this contract. 30 .. 0 I· 0 - • • • • _. • .,•. .. ... • -' ARTICLE 25 . LIFE INSURANCE Tenn life insurance will be provided by the City for employees covered by this contract in the amount of one time his/her annual salary . The minimum benefit is $30.000 and the maximum benefit is $50.000. Upon retirement, the employee may convert the life insurance per the life insurance plan conversion agreement in place at the time of his/her retirement. 31 • . ., • . ' I • 0 • " • I • .... • -.. ARTICLE 26. RETIREE HEAL TH INSURANCE REIMBURSEMENT A. The City agrees to allow retirees and future retirees a conversion privilege to the health insurance conversion plan available through the City . For employees who retired on or before December 31 , 1995 , the City agrees to pay fifty percent (50%) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up to a maximum of $75 .00 per month for the employee and including the employee 's dependents . For employees who retired on or after January I . 1996, the City agrees to pay fifty percent (50%) of the cost of coverage of the health insurance conversion plan or other plan selected by the retiree up to a maximum of $100 .00 per month . It is the intention of the City to phase out this provision . 32 • 1 I· 0 • • • ~ ,--· • I ~. • .. • -.. ARTICLE 27 . LAYOFF Whenever there is lack of work. lack of funds. or other legitimate reasons requiring reductions in the number of employees, the appointing authority shall designate the positions in which the layoff is to be made. Upon such detennination, the required number of employees in the affected position shall be placed on a layoff list or transferred by the appointing authority, each in order of his/her relative length and quality of service as shown by the personnel records . Employees on layoff shall be recalled in the order of seniority provided that those recalled have the demonstrated ability and same qualifications to perform the available work as determined by the City . Any employee in a higher rank. if laid off. may transfer to the previous lower rank . The layoff list shall terminate after eighteen ( 18 ) months . 33 • ' . .. .. 0 I . 0 • • -. • --• · ... .. • -' ARTICLE 28. TUITION REIMBURSEMENT Tuition will be reimbursed per policy # 29 of The Cjtv of Englewood Administrative Policv Minllil, "Tuition Reimbursement" . See Exhibit VIII . 34 • ' . I· 0 I • • • ---· • • -.. ARTICLE 29 . SETILEMENT OF DISPUTES A grievance is defined as an alleged violation of a specific provision of this contract. The employee and the Association shall be required to follow the procedure as set out below: If an employee is unable to settle the grievance or dispute orally and informall y through his/her shift commander within five (5) working days of the date of the occurrence of the grievance. or the employee's knowledge of it, the employee may, within the succeeding five (5 ) work days. file a written grievance with his/her supervisor. The shift commander shall attempt to adjust the matter and shall respond in writing to the employee within five (5) work days . If the answer is not satisfactory, the matter shall be presented in writing by the e mpl oyee to the Division Chief within five (5) work days following receipt of the Shift C ommander· response . The Division Chief shall respond in writing to the employee within five (5 ) work days . If the answer is not satisfactory, the matter shall be presented in writing by the employee to the Director of Safety Services within five (5) work days following receipt of the Division Chief's response . The Director of Safety Services shall respond in writing to the employee within five (5 ) work days . If the grievance still remains unadjusted. it shall be presented by the employee to the City Manager in writing within five (5) work days following receipt of the response of the Director of Safety Services . The City Manager or his/her designated representative shall respond in writing within ten ( I 0 ) work days. If the grievance is still unsettled, the Association . within ten ( 10 ) work days after receipt of the answer by the City Manager or his/her designated representative. may by written notice reque st the matter be ubmitted to either mediation or arbitration . (a) Mediation. ( 1) If mediation is requested. the parties will attempt to mutually agree upon a mediator. If within five (5) days of the request for mediation the Association and the City cannot mutually agree on the mediator, a request will be filed with the American Arbitration Association for a panel of seven (7) mediators to be sent to the parties . (2) The mediator will be selected by a method of alternative striking of names from the panel. with the first strike determined by a coin flip . The final name left on the panel 35 .. ... I • 0 ]- • • -. • • • - will be the mediator. The mediator will convene a meeting of the parties as soon as possible and attempt to develop a settlement of the grievance which is acceptable to both parties. Any such settlement will be in writing and will be dated and signed by representatives of the Association and the City and by the mediator. The terms of any such settlement will be implemented by both parties. If a settlement is not reached through the mediation process, the mediator will notify both parties in writing that the mediation process has concluded. Such notice concludes the grievance procedure . (3) The fees of the mediator shall be borne equally by the Association and the City . (b) Arbitration. ( 1) If the Association requests arbitration. the parties will attempt to choose a mutually agreeable arbitrator. If within five days of the request for arbitration the Association and the City cannot mutually agree on an impartial arbitrator. a request will be filed with the American Arbitration Association for a panel of seven arbitrators to be sent to the parties. The arbitrator shall be selected by a method of alternative striking of names from the panel. with the first strike determined by a coin flip. The final name left on the panel shall be the arbitrator . The arbitrator shall be requested to is ue a decision within thirty (30) days after conclusion of testimony and argument. (2) Each party shall be responsible for compensation to its own representatives and witnesses . The fees of the arbitrator shall be borne equally by the Association and the City. (3) If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes a copy available to the arbitrator. If the other party wishes to have a copy of the transcript it shall share all costs for the transcript. Authority of Arbitrator . The arbitrator shall have no power to add to or subtract from or change the terms of this Contract. The written decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall limit his decision strictly to the grievance submitted which has been properly processed through the grievance procedure outlined . Time Limits Failure by an employee to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step . 36 • ) I • 0 • • • • --• ,. ... .. • -... Grievance Option It is agreed that should the appeal procedure as provided under 138 :3 of the City Chaner or applicable ordinance provisions be utilized, recourse to the grievance procedure included in this Article shall be waived . Processing Grievance Durjng Work Hours Grievances may be investigated and processed by the employee during working hours within reasonable time limits without loss of pay provided notice is given and the work load permits . The employee shall be allowed to attend hearings while on duty . Oral and Wrjttcn Concctjve Action Oral Corrective Action --Whenever grounds for corrective action exist and the superviso r determines that the incident, action or behavior of the employee is such that more severe act io n i not immediately necessary , the supervisor should orally communicate to the employee the supervisor's observation of the problem and offer assistance in correcting the situation . When an oral corrective action is given, the supervisor should ensure that the supervisor's log is documented to show date of tbe corrective action and the nature of the corrective action . The employee should be advised that the corrective action will be documented in the supervisor's log . Written Corrective Action --When the supervisor determines that a written corrective action is appropriate and necessary, the corrective action shall be addressed to the employee and shall include the violation: the specific behavior and the dates of the behavior (when appropriate) that suppon the charge : the warning that continuance of this behavior will result in di sci plinary action: and an offer of assistance in correcting the behavior. A signed copy of the corrective action by the supervi sor shall be included in the employee's official personnel file in the Human Resources Depamnent, and the employee shall have the opportunity to submit written comments in response to the corrective action to be included in the file . If an employee disagrees with the letter of corrective action. the employee, within seven (7 ) calendar days , may request a review of the written corrective action by the Human Resource s Director. 37 ' ~ " I • 0 • --• .. •· - • -' ARTICLE 30. SUPPLIES A. The City will provide and maintain supplies and equipment for the normal operation of the Fire Division. These include : l . Laundry : linens and cleaning of same. 2. All kitchen appliances and utensils, and repair and/or replacement of same . 3. Private phone in each station and maintenance and/or repair of same. 4. Maintenance ofT.V.s and recorders . 5. Items of hygiene (soap, toilet paper. etc .). A. The provisions of this Article will be under the control of the Director of Safety Services . Individual abuse to be dealt with on an individual basis . 0 • • I· 0 38 • • • • ..... : .. • - ARTICLE 31. DRUG TESTING AND PHYSICAL FITNESS Drug testing and physical fimess arc pcnnissive subjects of negotiations . The City agrees consistent with Anicle 5 of the Collective Bargaining Agreement to consult with the Union regarding the formation of any drug testing policy or physical fitness program . In addition. it is not the City's intention to institute random drug testing now or in the foreseeable future . 39 .. ' I . C, • • ... p -• l• ~ ... .. • -' ARTICLE 32. DEA TII AND DISABILITY ASSESSMENT For firefighters hired on or after January I. 1997. the contribution required by § 31-31-81 I ( 4). C.R.S., shall be assessed equally against the City and such firefighter so that fifty percent (50%) of the conttibution required by the state shall be assessed against the firefighter and fifty percent (50%) shall be assessed against the City . 40 , ' . . • I ) I . C, • • • • 1 .•• .. .. • - ARTICLE 33. EXCLUSIVENESS OF CONTRACT The City and the Union agree that the terms and provisions herein contained constitute the entire contract between the panics and supcBCde all previous communications. representation s or agreements. either verbal or written. between the panics with respect to the subject matter here in . The C ity and the Union agree that all negotiable items have been discussed during the negotiations leading to this contract and, therefore, agree that negotiations will not be reopened on any item during the life of this contract. except by mutual consent of the panics. IN WITNESS WHEREOF, the panics have caused this contract to be signed by their re spective representatives and their signatures placed thereon , on this _ day o f , 2000 at Englewood. Colorado. ENGLEWOOD FIRE AGHTERS LOCAL#l736 President CITY OF ENGLEWOOD Mayor Attest : City Clerk City Manager 41 ' . .. • ) I • 0 - • • -. • • • COUNCIL COMMUNICATION Date Agenda Item Subject Collective Bargaining June 26, 2000 10 C ii Agreement Between the City and the EFFA for 2001 and 2002 Initiated By Staff Source Human Resources Department Sue Eaton , Director of Human Resources COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Fire Fighters Associat ion was approved by Council for 1999 and 2000 . RECOMMENDED ACTION Staff requests Council approval of the Collective Bargain ing Agreement between the Englewood Fire Fighters Association and the City of Englewood for the years 2001 and 2002 . The contract covers approximately 50 employees . BACKGROUND, ANALYSIS, AND ALTERNATIVES iDENTIFIED The City of Englewood and the Englewood Fire Fighters Association entered into negotiations in May of 2000 in accordance with the City of Englewood Charter . The members of the Englewood Fire Fighters Association duly ratified , by a majority vote , the Collective Bargaining Agreement. The significant changes to the contract are as follows : 1. Under Article 8, employees covered by the Contract will receive a five percent (5%) increase over the 2000 base wage rate, effective January 1, 2001 and a five percent (5%) increase over the 2001 base wage rate, effective January 1, 2002. In accordance with Article 6 , A , wage rates may be subject to negotiation for the year 2002 . Also under Article 8, B(2) now reads "The pay rate for Firemedic I will be 2.5% more than Driver- Operator-Engineer for 2001 and 5% more for 2002 . The pay rate for Firemedic II will be 2 .5% more than Firefighter I for 2001 and 5% more for 2002 . 2 . Article 8, H(1) now refers to "Merit Pay" and modifies the assignments eligible for such pay . 3 . Article 90, "Compensatory Time " has been deleted and the change referenced in Art icle 12C . 4 . Article 25, "Life Insurance" was amended to reflect the current benefit level. 5. Articles 2, 15, 17, 19, 21 and 28 were amended to incorporate references to the corresponding City of Englewood policies . ) I· 0 • • • ,,-·• • .. • • FINANCIAL IMPACT The impact of the salary increase on wages is approximately $132.862 for 2001 and $140 ,544 for 2002. UST OF ATTACHMENTS EFFA Collective Bargaining Agreement for 2001 and 2002 . ' . .. . , A I· 0 I ·----------------------------------~----... ~--- • • -• RESOLUTION NO. SERIES OF 2000 • • - A RESOLllTION SUPPORTING THE CONTRACTOR SELECTION FOR THE ENGLEWOUD PARKWAY AT CITYCENTER ENGLEWOOD BY THE ENGLEWOOD ENVIRONMENTAL FOUNDATION. WHEREAS, The Englewood Environmental Foundation was formed to relieve the burdens which would otherwise be a88umed by the City of Englewood, Colorado, in connection with the environmental remediation, land use planning and preparation for redevelopment of the Cinderella City shopping center; and WHEREAS, the Englewood Environmental Foundation was formed to provide support for the redevelopment and enhancement of the City's commercial environment and is a separate and distinct corporation; and WHEREAS, the City Council of the City of Englewood , Colorado , supported the Master Plan proposed on August 10 , 1998 by the Englewood Environmental Foundation: and WHEREAS, the Englewood Environmental Foundation is now beginning Phase 2 of the CityCenter project; and WHEREAS, Phase 2 includes the construction of the roundabout at South Cherokee Street and the realignment of Englewood Parkway between South Cherokee Street and South Elati Street; and WHEREAS, this road construction project is critical for the efficient operation of RTD's bus service to Englewood Station and the general public access to CityCenter; and WHEREAS, the Englewood Environmental Foundation has selected Concrete Works of Colorado for the construction of Englewood Parkway between South Cherokee Street and South Elati Street; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO , THAT: Section 1. The City Council of the City of Englewood , Colorado , hereby supports the selection of Concrete Works of Colorado as the contractor for the Englewood Parkway at CityCenter Englewood by the Englewood Environmental Foundation . • I • 0 ·' • • .. • ,t .. • - COUNCIL COMMUNICATION DATE: June 26, 2000 AGENDA ITEM SUBJECT: Support of Contractor Selection for Englewood Parkway 10 C iii INmATED BY: Englewood Environmental STAFF SOURCE: Bob Simpson, Board Foundation Director, Englewood Environmental Foundation PREVIOUS COUNCIL ACTION: There has been no previous Council action on this matter . RECOMMENDED ACTION: Staff recommends that Council adopt a resolution supporting the Englewood Environmental Foundation's (EEF) selection of Concrete Works of Colorado for the construction of Englewood Parkway between South Cherokee Street and South Elati Street. BACKGROUND: The Foundation is now beginning Phase 2 of the CityCenter project. This phase includes the construction of the roundabout at South Cherokee Street and the realignment of Englewood Parkway between South Cherokee Street and South Elati Street. This road construction project is critical for the efficient operation of RTO's bus service to Englewood Station and general public access to CityCenter. FINANCIAL IMPACT: The proposed Resolution will demonstrate support for the EEF and the completion of the CityCenter transportation infrastructure. Funding for this project was budgeted in the 2000 PIF . LIST OF ATTACHMENTS: Proposed Resolution ., I . 0 - • .. .. r- • 1•· . •· .. . , • -• . -. $ection 2 This resolution of support in no way waives or delegates the City's regulatory powers, duties and responsibilities with respect to zoning and governmental issues. ADOPTED AND APPROVED this 26th day of June , 2000. ATTEST: Thomas J . Burns. Mayor Loucriahia A. Ellia, City Clerk I , Loucriahia A. Ellia. City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 2000. Loucrishia A. Ellia • . . ,. . • 0 I • 0 - • • • .. ~ ,.-. • , •,. 0 -' COUNCIL COMMUNICATION Date June 26, 2000 I Agenda Item Subject Unified Development Code 10 C iv INmATED BY Community Development I STAFF SOURCE Tricia Langon, Planner PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. RECOMMENDED ACTION Staff requests that Council approve the professional service contract with Clarion Associates, LLC for Phase I of the Unified Development Code (UDC) in the amount of $35,000.00. BACKGROUND AND ANALYSIS The preparation of a Unified Development Code is consistent with Community Development Department goals presented to Council earlier this year as part of the rewrite of the City 's development regulations. Increasing development pressures from CityCenter. South Broadway , General Iron Works, South Santa Fe corridor , a good economy, and changing market needs lead to this request. A Unified Development Code integrates all regulations necessary for quality development in a community -zoning, subdivision , site plan requirements. signs. parking, landscaping , and development standards. along with administrative and enforcement procedures -into a single document. The UDC is a cohesive document that is clear, concise. efficient, and simple to use , both for staff and the public . It reduces repetition and inconsistencies , minimizes nonconformities. simplifies administration , and supports development opportunities . The last Comprehensive Zoning Code revision occurred in 1963 with substantial amendments to portions of the Code in 1985 . Ongoing amendments since that time have resulted in a cumbersome, piecemeal Code that is substantially inadequate to address changing community needs and market conditions. Updated regulations, standards and procedures are necessary to support and encourage increasing development and redevelopment interest in Englewood . The UDC project is a two-phase work plan . In Phase 1, to be conducted in the next six months , Clarion will conduct workshops and interviews with staff, developers and citizens to diagnose strengths and weaknesses of the existing Code . The Code will then be restructured into a more efficient format without any change in current regulations . The new format will include tables, graphics and flowcharts to illustrate key concepts . The reorganized format will help identify outdated, missing, and inconsistent material. Phase II will begin in early 2001 . Substantive changes to regulations and procedures based on Phase 1 input will be drafted . Following public input and revisions. a new UDC will be completed that will address community needs and conditions necessary to maintain a livable city . Community Development staff will work closely with Clarion Associates and other City • I • 0 • • -. ,. • ... .. • -.. ' departments to ensure the ctianges are consistent w ith the Comprehensive Plan and other City codes. Staff will take the proposed revisions through the amendment process including community meetings, Planning and Zoning Commission and City Council public hearings . At all times the project will be open to public input. The following preliminary project schedule is based on an 18-month timeframe: Task Completion Date Phase I Project initiation June 30. 2000 Code diagnosis August 31 Code reorganization December31 Phase II Draft substantive changes June 30 , 2001 Revisions September 30 UDC adoption December 2001 Clarion Associates , LLC is a nationally recognized land use consulting firm with a local Denver office . Don Elliott will manage the project for Clarion with staff support by Matt Goebel. Clarion has extensive experience with UDC development both in the metro area (Arvada, Aurora. Thornton) and nationally. The decision to contract with Clarion Associates was strengthened by Clarion 's previous land use work for the City, including the Group Living Ordinance and the Creative Sign Code. Clarion is a known entity and consistently provides a quality, timely product . FINANCIAL IMPACT Phase I of the UOC project is funded within this year's Community Development budget. Phase I costs are invoiced on actual project time and expenses and maximum cost will be $35 ,000.00 based on a ·not-to-exceed" clause within the contract . The cost of Phase II will be budgeted for 2001 by Community Development. LIST OF ATTACHMENTS Contract for Professional Services 2 ~ ., " ' ' • ' • ) I . 0 - • • • ,. ,-. • • - City of Englewood, Colorado Contract for Professional Services THIS CONTRACT and agreement. made and entered into this 3"' day of July, 2000, by and between the City of Englewood, a home rule municipal corporation of the State of Colorado . hereinafter referred to as the '·City", party of the first part, and Clarion Associates of Colorado, LLC, hereinafter referred to as the ·'Consultant", party of the second part. for the following: PROJECT: Phase 1 Revisions to Englewood Development Code WHEREAS, a proposal pursuant to said project has been received by the City Council and has been certified by the Director of Community Development to the City Council with a recommendation that a contract for said work be awarded to the above named Consultant; and WHEREAS, pursuant to said recommendation the Con • _:.ct has been awarded to the above named Consultant by the City Council and said Consultant is now willing and able to perform all of said work in accordance with his proposal. NOW THEREFORE , in consideration of the compensation to be paid to the Contractor. the mutual agreements hereinafter contained are subject the terms hereinafter stated : A . Contract Documents : It is agreed by the parties hereto that the following list of instruments. drawings and documents which are attached hereto. bound herewith o r incorporated herein by reference constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings. and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full herein : • Proposal • Scope of Services (attached ) • Contract (this instrument) B . Citv Obligations/Confidentialitv : The City shall provide Consultant with reports and such other data as may be available to the City and reasonably required by Consultant to perform hereunder. No project information shall be disclosed by Consultant to third parties without prior written consent of the City or pursuant to a lawful Court Order directing such disclosure . All documents provided by the City to Consultant shall be returned to the City. Consultant is authorized by the City to retain copies of such data and materials at Consultant's expense . C. Scope of Services : The Consultant agrr-es to and shall furnish all labor, tools, supplies, equipment. materials and evel')'1hing necessary for and required to do, perform • .. ) I • 0 - • • • ,.--. • ... • - Contract for Professional Services 2 and complete all the work described. drawn. set fonh. s ho wn and included in attached Scope of Services. D . Indemnification : The C o nsultant agrees to indemnify and ho ld harmless the City. and its officers and its employees. from and against all liability . claims. demands. and expenses. including court costs and attorney fees. on account of any inj ury. loss. o r damage. which arise out of or are in any manner connected with the work to be performed under this Agreement, if such injury , loss , or damage is caused in whole or in party by the negligent act of omission. error, professional error. mistake. accident. or other fault o f the Consultant. any subcontractor of the Consultant. or any officer. employee. or agent o f the Consultant. The obligations of this Section D shall not apply to damages which the Ci ty shall become liable by final judgment to pay a third party as the result of the ne g li gent act or omission, error, professional error, mistake, accident. or other fault of the Ci ty of Englewood. E. Terms of Performance: The Consultant agrees to undertake the perfo rmance of the work under this Amendment to Contract within ten ( I 0) days from bein g no tified to commence work by the Director of Community Development and agree s to full y complete said work within the time frame detailed in the attached Scope of Servic es. plu s such extension or extensions of time, requested in writing , as may be granted by the Director of Community Development. F . Ownership of Work Product : Upon payment to Consultant pursuant to th1 Agreement. all work, data. drawings. designs. plans. reports. computer program s (no n- proprietary). computer input and output. analyses. maps. or any other materials developed for this project are and shall be the sole and exclusi\·e property of the City, although the Consultant shall retain the right to use such materials for marketing purposes. However. any reuse of the documents by the City without prior written authorization by Consultant other than for the specific intended purpose of this Agreement will be at the City" s sole risk . The Consultant will provide the City with a ten ( I 0) day written notic e prior to disposal of project documents it has retained durin g which time the City may tak e ph ysical possession of same at the storage site. G . Te~s of Pavment: The City agrees to pay the Consultant for the performance of all the work required under this contract. and the Consultant agrees to accept as his full and only compensation therefore. such sum or sums of money as may be proper in accordance with the price or prices set forth in the Consultant's fee schedule hereto attached and made a part hereof, the total cost thereof not to exceed Thirty-Five Thousand dollars ($35,000). H . Appropriation of Funds : At present. $35,000 has been appropriated for the project. Notwithstanding -anything contained in this Agreement to the contrary, in the event no fu:;ds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any means whatsoever in any following fiscal period , the City may term inate this contract. I • 0 • • -• '· .. Contract for Professional Services ,. ,,,... .. • • - 3 The City shall immediately notify Consultant or its assignee o f such occurrence in the event of such termination. All work accomplished by the Consultant prior to the date of such termination shall be recorded and tangible work documents shall be transferred to and become the sole property of the City prior to pa yment for serv ices rendered . I. Contract Bindinu: It is agreed that this Contract shall be binding on and inure to the benefit of the parties hereto. their heirs. executors . administrator. assigns , and successors. J . Laws to be Observed: The Consultant shall be cognizant of all Federal and State laws and local ordinances and regulations which in any manner affect those engaged or employed in the work or which in any way affect the conduct of the work. and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same, and shall at all times observe and comply with all such existing laws , ordinances. regulations, and decrees, and shall protect and indemnify the City against any claim or liability arising solely from or based solely on the violations of any such law, ordinance. regulation, order or decree. whether by itself. its subconsultants. agents or employees . K . Termination and Assi1mment of Contract : The Consultant warrants that it has not employed or retained any company or person , other than a bona fide employee working solely for it. to solicit or secure this contract. and that it has not paid or agreed to pay an y company or person, other than bona fide employees working solely for the Consultant. any fee , commission. percentage. brokerage fee, gifts. or any other consideration. contingent upon or resulting from the award or making of this contract . For breach or violation of this warranty , the City will have the right to annul thi s contract without liability, or, in its discretion to deduct from the contract price or considerati o n. or otherwise recover the full amount of such fee . commission. percentage. brokerage fee. gift. or contingent fee . It is the intent hereunder to sec ure the personal services of th e Consultant. in manner aforesaid . and this contract shall not be as signed. ublet or transferred without the consent, in writing of the City . L. Termination : This Agreement may be canceled by either party being thirt y (30) day notice to the other party . M . Inspections. Reviews and Audits: During all phases of the work and services to be provided hereunder the Consultant agrees to establish a working office at a place agreeable to the City , and permit duly authorized agents and employees of the City to enter the Consultant's offices for the purpose of inspections. reviews and audits during the normal working hours . Reviews may also be accomplished at meetings that are arranged at mutually agreeable times and places . Consultant and its subconsultants shall maintain all books, documents. papers , accounting records and other evidence pertaining to cost incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the contract, for inspection by the • I • 0 - • -. • ,,-· y • ·~ ... j ,I. .. • -.. Contract for Professional Services 4 City, or any authorized representatives of the City. and copies thereof shall be furnished if requested . N . Disputes: Except as otherwise provided in this contract, any dispute concerning a question of fact arising under this contract which is not disposed of by agreement wilt be decided by the City Manager for the City of Englewood. The decision of the Community Development Director will be final and conclusive unless , within 30 days after the date of receipt of a copy of such written decision, the Consultant mails or otherwise furnishes to the City a written appeal addressed to the Community Development Director of the City of Englewood. In connection with any appeal proceeding under this clause. the Consultant shall be afforded an opportunity to be heard and to offer evidence in support of its appeal. Pending final decision of a dispute hereunder, the Consultant shall proceed diligently with the performance of the contract in accordance with the Community Development Director's decision. The decision of the Community Development Director or his duly authorized representative for the determination of such appeals will be final and conclusive. This disputes clause does not preclude consideration of questions of law in connectio ns with decisions provided for in Paragraph above. Nothing in this contract. however. shall be construed as making final the decision of any administrative official. representative. or board on a question oflaw. IN WITNESS WHEREOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written . This Contract is executed in 3 countefl)arts. CITY OF ENGLEWOOD Community Development Director Party of the First Part Consultant: CLARION c10CIATES OF COLORADO, LLC / / c, · £2::i:fi- by (sign) c,1-{.,,( L. ~c. (print Name & Title) Donald L. Elliott, Vice President Party of the Second Part .. • J 0 I • 0 • • • • • • Contract for Professional Services Task 1.1: SCOPE OF SERVICES PHASE 1 Reorganizing and Reformatting the Code Project Initiation 5 lniJial Plan and Code Review. Identify key documents , codes, and other materials related to the current Development Code, as well as other relevant resolutions. ordinances, and policies of the City, and review them in detail. lniJial Project Meeting with Staff. Meet with Neighborhood and Business Redevelopment staff and other City officials as appropriate, to discuss overall project goals and to finalize the project work plan and schedule. Tour City with staff to observe how Code is applied in practice . Prepare a list of questions for key staff in other departments to assist in producing a methodical analysis and record of strengths and weaknesses of the current code. Worksllop ad Jnttrviews. Conduct workshop with key staff and with Planning Commissioners, Board of Adjustment members , and City Council members to discuss the strengths and weaknesses of the current Code. Interview key participants in the development process, including developers , decision-makers, and citizen groups either in small groups or individually on same issues . Work Product : • Survey for circulation ro other City departm ents Task 1.2: Code Diagnosis Based on information gathered in Task 1, prepare a diagnosis of strengths and weaknesses of current Development Code, highlighting difficulty of use or ineffective aspects of current regulations . Discuss options for procedural streamlining, reformatting , revised districts . definitions, and innovative approaches utilized in other medium-sized communities. Circulate the Diagnosis through staff and key stakeholders to get corrections and additions . Work Product • Wrillen Code Diagnosis. based on comments, interviews, obser vations, and comparisons with other Development Codes Task 1.3: Annotated Outline Draft a detail~d , Annotated Outline of a revised Development Code . Unless the City instructs us otherwise, this would be based on a "Unified Development Code·· approach that incorporates zoning, subdivision, site planning , signs, and design review into a single document . In our .. 0 I • 0 - • • • • .. ~ . . .. • • Contract for Professional Services 6 experience, the UDO approach results in less repetition, more consistent decisions . and improved understandability to the public . The Outline would identify the proposed structure of the Code . including a listing of all sections and subsections. and a narrative description identifying what would be included in each section or subsection. The narrative description would identify whether the content would come from the current Code. or whether it would represent a substantive change to be discussed in Phase 2. The Annotated Outline would be discussed with staff, key stakeholders, and appointed and elected officials to develop consensus around the approach chosen . Work Product • Written Annotated Outline, based on a logical re-ordering of Code material ro convey information more efficiently, and to accommodate substantive changes efficiently in rhefuiure Task 1.4: Reorganize Code Once the review in Task 1.3 has been completed, Clarion would reorganize the current Code material to match the Annotated Outline structure . We would add flowcharts to illustrate current review, approval, and appeal procedures. In addition, we would organize information into tables and add graphics to illustrate key development concepts and measurements . The reorganized Code would include "placeholders" for those areas where substantive changes were recommended in Task 1.2 (but would not include recommended changes). Work Product Reorganization of current Development Code with flowcharts . rabie s , and graphics • • r 0 I • 0 I • • • • --. • ... • -... ' \ [lif I BYAUTHO~ ii~ ORDINANCE NO ._ SERIES OF 2000 COU NCIL BILL 0 . 39 I NTRODUCED BY CO UN CIL MEMBER GARRE'IT AN ORDINANCE AMENDING TITLE 7, CHAPTER 68. SECTION 6: TITLE 11. CHAPTER 3, SECTION 3(B); AND TITLE 16 , CHAPTER 4, SECTIONS 10 , 12 . AND 19: AND CHAPTER 8 , OF THE ENGLEWOOD MU NI CIPAL CODE 1985. PERTAINING TO P UBLIC SIDEWALK SALES . WHEREAS, Englewood Merchants are currently prohibited from conducting sidewalk sales based on restrictions in E.M .C. Titles 7. 11 and 16 : a nd WHEREAS, requests from merchants on how sidew alk sales might be allowe d lead to City Council's prop osal authorizing two (2) citywide public s idewalk sale events per year; and WHEREAS , the passage of this Ordinance will continue to prohibit public s idewa lk sales exce pt when authorized by the City by annual City Co uncil res olution : and WHEREAS . the Englewood Planning and Zoning Co mmission 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 p te r 68, Section 6 , Subsection A-1 . of the Englewood Municipal Code 1985, to read as fo llows : 7-6B-6: OBSTRUCTING HIGHWAYS AND PUBLIC PASSAGES: A. Offe nses : An indivi dual or corp oration commits a n offen se if without le gal privilege he/she inte ntionally, knowingly, or reckl essly: 1. Obstructs a highway, s treet , sidewalk, mail , r a ilway , waterway , building entrance, eleva tor, aisle, stairway , or hallway to which the public or a substantial group of the public has access or any other place used for the passage of persons, vehicles, or conveyances , whether the ob struction arises from his/her acts alone or from his/her acts and the acts of others: ffl' and wjth the except10n of sales pursuant to a public sidewalk sale a s defined in E.M.C. 16-8-1· or 2 . Disobeys a r e asonable request or order to move issued by a person he/s he 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 - • ., I • 0 • • • • •· ~,· .. • - WJ~J, 11 b i ALTEIUl4IIYELANGUAGE ~v ~~~ We have had a request from E .D.D.A . to amend Secti on 16-8-1 , of this Ordinance. df The following language would allow administrative approval of sidewalk sales rather than Council approval. 16-3-1: DEFINITIONS: PUBLIC SIDEWALK SALE : Community event or celebration allowing the use of public sidewalks by Englewood merchants in front of their business as authorized by the Ci ty Manager or designee . ., . ' ) I • 0 2 ·] • • ,,-· . • ... • -' B. Definition: For purposes of this Section, "obstruct" means to render impassable or to render passage unreasonably inconvenient or hazardous. C. Prohibited Acts: It shall be unlawful for any person engaged in the sale of newspapers, magazines or other goods or merchandise. to make any unnecessary sound or noise, to obstruct any sidewalk or other public place, or disturb or impede others. Except sales pursuant to a pubhc sidewalk sale as that term is defined in E.M.C, 16-8-1. D . Solicitation On Or Near Street Or Highway: 1. The purpose of this subsection is to prevent dangers to persons and property, to prevent delays, and to avoid interference with the traffic 2 . 3 . 4 . 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. It shall be unlawful for any person to solicit employment. business, contributions , or sales of any kind. or collect monies for the same, from the occup a nt of any vehicle traveling upon a ny street or highway when such solicitation or collect10n : a. Causes the person performing the activity to enter onto the traveled portion of a street or highway. b. Involves the person performing the activity to be located upon any median or island area whi ch se parates traffic lanes . c. The person performing the activity is located such that vehicles cannot move into a le gal parking area to safely conduct the transaction . It shall be unlawful for any perso n 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 S tate system including any entrance to or exit from such highway . For purposes of this subsection, the traveled portion of the street or highway s ha ll mean that portion of the road normally used by moving motor vehicl e traffic. Sectjon 2. The City Council of the City of Englewood , Colorado hereby authorizes amending Title 11 , Cha pte r 3, Section 3, Subsection 8 , of the Englewood Municipal Code 1985. to read as follows: -2- • • J ) I • 0 • • \_J • • ,-. • . , .. • - 11-3-3: OBSTRUCTIONS AND HARMFUL SUBSTANCES: A . Materials. Except as otherwise provided in this Code. it shall be unlawful for any person to obstruct a street. sidewalk or gutter with any debris. lumber. sand, gravel, dirt, abandoned or wrecked automobtles or other material or substance, without first obtaining written permiss10 n 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 constitute a separate and distinct offense. B. Merchandise. It shall be unlawful for a ny person to e rect any booth or stand for the display of any merchandise for advertising on a ny 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; provi ded , however, that nothing in this subsection shall preve nt the receivmg or delivering of goods. wares or merchandise, provided that no obstructions of sidewalks or streets for this purpose s hall 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 Co uncil of the City of Englewood . Colorado hereby authonzes amending Title 16, Chapter 4, Section 10, Subsection E . of the Englewood Muruc1pal Code 1985. to read as follows : 16-4-10: B-1 BUSINESS DISTRICT : E. Prohibited Uses: 1. Adult entertainment and s ervice establishments. 2 . Manufacturmg. 3. Outdoor storage of materials. s upplies and eq uipment on private and 4 . 5. 6 . 7. public property. The outdoor display, storage or s ale 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 public sidewalk sale as that term is defined in E M .C . ~ Warehousing of products or items not sold on the premises. Sale at wholesale . Sales or se rvice 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. -3- • ., . 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 which are required to be licensed under Title 5 of this Code. Sectjon 4 The City Council of the City of Englewood, Colorado hereby authorizes amending Title 16, Chapter 4, Section 12, Subsection F , of the Englewood Municipal Code 1985, to read as follows : 16-4-12: B-2 BUSINESS DISTRICT : F . Prohibited Uses : 1. Manufacturing. 2 . Outdoor storage of materials, supplies and equipment on private and public property. 3 . The outdoor display , storage or sale of household appliances, furruture . or other items commonly used in a home, whether on private or public property. Except sales pursuant to a public sidewalk sale as that term is defined in E.M C. 16-8 -1. 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: 1. Any ground si gn within a triangular area of thirty 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 an alley 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. -4- ., I • 0 • • .. ~ -· • .. • -' 2 . Banners, except as in provi ded in subsections 16-4-19-5 (Q) (South Broadway identification banners), 16-4-l9(B) (Street Banners), a nd 16-4-19-lO(E)(6) (Short Term Advertising Signs) as well as, pennants, valances a nd wind signs. 3 . Billboards including without limi tation, any billboards on land transferred to the City by the State of Colorado or any of its agencies . 4 . Portable signs . . . 5 . H . Sjgns referring to outdoor display of mercha ndise on public right-of-way except for signs for sidewalk sales pursuant t o a public s idewalk s ale as that term is defined in E.M C. 16-8-1 . 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') m aximum m 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 a ny official traffic control device or signal. B. The following signs are prohibited in all areas except in the South Broadway s ign area : 1. Animated s igns, except barber poles . 2 . Flashing or blinking lights or si gns, excep t fo r scoreboards a nd t ime and temperat ure devices. 3 . Roof signs and integral roof signs. 4 . Wall murals. Section 6 . The Englewood City Council hereby amends Title 16 . Chapter 8, Section 1, of the Englewood Municipal Code , 1985 with the addition of the following definition , in alphabetical order, to the definitions as follows : -5- • -----------· .... ) I • 0 J • • • . .. . , 16-8-1: DEFINITIONS : PUBLIC SIDEWALK SALE : .. • ,.r-· • • -' Crunmunity events or celebrations allowjng the use of public sidewalks bv Englewood merchants in front of their business as authorized each year by City Council resolution after consultation wjth the business community. Section 7. Safety Clauses The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health. safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council furthe r determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Ses;tion 8. $eyerabjljty If any clause, sentence . paragraph. or part of this Ordinance or the application thereof to any person or Cll'cumstances 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 its application to other persons or circumstances. Section 9 Inconsistent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Ses;tion 10 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 s hall have been incurred under such provision. and each provision s hall 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 , e ntered, or made in such actions, s uits, proceedings, or prosecutions . $ect10n 11. Penalty Proyjsjon . The Penalty Provisions ofE.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. -6- ., 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 by title and passed on final reading on the 26th day of June , 2000 . Published by title as Ordinance No .~ Se.ries of 2000 , on the 30th day of June , 2000 . Thomas J . Burns, Mayor A'ITEST: 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 -7- . ' 0 I • 0 3 X - • • • • • • • - ORDINANCE NO . SERIES OF 2000 BY AUTHORITY CO l\'C IL BILL l\'O . 39 INTRODCCED BY COU :'liC!L ~IE:\JBER GARRETT AN ORDINANCE AMEl\'DING TITLE 7, C HAPTE R 6B. SECTI ON 6 ; TITLE 11. CHAPTER 3, SECTIO:sl 3(B); AND TITLE 16 , CHAPTER 4 , SECTJO 'S 10 , 12 , A:s/D 19; AND C HAPTER 8 , OF THE E NGLEWOOD M '!':I !PAL CO DE 19 85, PERTAINING TO P CBLIC SIDEWALK SALES. WHEREAS , Englewood Merchants a re c urre ntly prohibited from co n ducting s idewalk sale s b ased on restrictions in E .:\I.C . Titles "i . 11 and 16 : a n d WHEREAS. r equ ests fro m merch ants on h ow s ide walk ales might be allowe d lea d to City Council's prop osa l a u t hor izing two (2) cityw1d public sidewalk sale e\'e n ts per year; and WHEREAS, the pa sage of this O r dina n ce will co ntmue to prohibit public s idewalk sales except when authorized by t he City by a nnua l ity Co un cil resolution ; and WHEREAS , the En gle wood Planmng a nd Zonmg Commission held a Public H ea nn g on April 18, 2000 a n d aft r re view r eco mm e nd ed the for warding to C ity Co uncil for approval: NOW , THEREFORE . BE 11' ORDAll\'ED BY THE C ITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORA DO , AS FOLLO\\'S : Sectjon l. The C ity Co unci l of t he City of Englewood, Co lor a d o h er e by a utho ri zes amending Title 7 , Chapte r 6B. Secti on 6. Subsectio n A · 1. of the Engle wood Munici p a l Code 1985, to r ead a s follo w s : 7-68-6: OBSTRUCTING HIGHWAYS AND PUBLIC PASSAGES : A . Offe n ses: An ind iv id ual or corpor a tion co mmits a n offe nse if without legal privilege he/s h e inte ntionally , knowingly, or r eck lessly: 1. Obs tructs a highway, str eet, sidewalk, m ail , railway , waterway, building e ntrance, el eva to r . aisle , stairw ay, or h allway to whi ch the public or a s ubstanti al gr oup of the public h as access or a n y other place u sed for the passage of pe r sons, vehicles, or co nveyances, whether the obstruction arises fr om his/her acts alone or from his/h e r acts and the acts of others; et' and with the e xception of sales pursuant to a public sidewalk s ale as defined in E .M.C . 16·8·1 · or 2 . Disobeys a reasonable request or order to m ove issued by a p e r so n h e/s h e knows to be a peace officer , a fireman , or a p e r so n with authority to control the use of the premises, to prevent ob struction of a street or passage w a or to maintain public s a fety by dispersing those gathered in dangerous p ro ximity to a fire, ri ot, or other h azard . . ' ) I • 0 • • • • ,,,... . • "· .. • -" B . Defi n i t ion : F or pu r poses of t his Section , "o bstruct" mean s to r e nde r imp assable or t o r e nde r pa a ge unreason ably mcon ve ni e n t or haza rdous. C. Prohibited Acts: It s h a ll be unla wful fo r a ny pe r so n e nga ge d in the sale of n ewspape r s , maga zines or other goods or me r chan dise, to m a k e any unnecessar y sound or n oise. t o obstruct a ny s id e wa lk or other public pl ace , or di s turb or i m ped e oth e r s. Exce pt sales purs ua n t to a public side wa lk sale as that term is d efined m E .M.C. 16-8-1. D. S oli citation On Or Near Street Or Hig hw ay : 1 . The purpose of t h is sub section is to pre vent d a n gers t o pe r son s a nd prope r ty , t.o preYe nt de lays , and to avoi d inter fe re n ce with t h e t r a ffi c fl ow. Roadways tha t h a ve ce n ter media n s ofte n a r e d esign e d to deal with s pecific t r affic fl ow problems. Any de lay or distr action m ay inte rfere wi t h traffic pl anning. Som etim es pe r so ns stand n ear inte r secti on s a nd n ear traffic lights to co ntact drive r s or passe n gers i n ca r s tha t a r e passing or that are s to pped t e mp or a ril y d ue to tra ffi c lig h ts . 2 . It shall be u n la wful for a ny pe r son t o soli cit em ploym e nt, bus iness , contributions. or sales of a n y kind . or coll e ct monies for the sam e . from the occup ant of a n y ve hicle traveling up on a n y s treet or highway whe n s uch solicitation or collect io n : a. Causes t he pe r son per fo rming the activity to e nte r onto t h e traveled porl:t on of a street or hi ghway . b . Involve s t h e per son pe r fo rming the act ivity to be loca ted up on a n y m edian or island a r ea whic h se p a r ates t r a ffi c lanes. c . The pe r son pe rform in g t h e act iv ity 1s loca ted s uch that vehicl es cannot move into a legal pa rking a r ea t o safely conduct the tra n sact ion . 3. It shall be un la wful for any pe r so n to solicit or a tte mpt to solicit employ m ent, bus in ess, or co n t ribution s of a n y kind from the occupant of a ny veh icl e on a n y h ighw ay incl uded in the St ate system including a n y e ntra nce t o or e xit from such hi ghway . 4 . For purpo es of t his s ubsection , the travele d portion of the stree t or highway shall mean that por tio n of the r oad n ormally used by moving motor vehicle t raffic. Sectjon 2. The City Council of the City of Englewoo d . Colorado hereby authorizes amending Title 11 , Ch a pter 3 , Section 3 , S ubsection B, of t he Englewood Municipal Code 1985, to read a follo ws : .. 0 I • 0 • • -• I• ·.' --. • • • ' 11-3-3: OBSTRUCTIO NS AND HARMFUL SUBSTANCES: A. Materials. Except as otherwise provided in this Co de . it shall be unlawful for any person to obs truct a street. si dewalk or gutter w ith any debris . lumber. sand , gravel, di rt, a bandoned or wrecked autom obiles or other m aterial or s ubstance, without first obtaining written p e rmi ssion from the Director . u ch permit may be granted only where the obstruction i necessary for the construction, alte r ation or repair of t h e adjoining pr op e rty , a nd s u ch permitted obstruction shall be limited to as s h ort a time a s is r e asonably pos 1bl e . Each day that such an unl a wful obstruction is perm itted to e xi st s h all con t1tute a separate and di stinct offense . B. Merchandise . It s hall be unlawful for any person to e rect a n y booth or sta nd fo r the display of any merchandise for advertising on a n y s id e walk of the s treet s of the City or to pl ace or allow to be placed any sign or display boa rd s or a n~, other obstructio ns on any of the s idewalks or stree t s of the City; pronde d . how e ver, that n othmg in this subsection shall prevent the receivi n g or delivering of goods. wares or mercha ndise , provid e d that n o obstructions of sidewalks or s treets for this purpose s hall be of longe r duration tha n 1s a b so lutely n ecessary for s uch rece iving or delive ry Except sales purs uant t o a public sidewalk sale as that term is defined in E.M .C. 16-8-1. Section 3. The City Co uncil of the C ity of Englewood, Colora do h e r eby a uthorizes amending Title 16, Cha pte r 4 , Section 10 , Subsection E . of the Englewood Municipa l Code 1985. to read as follo ws: 16-4-10: B-1 BUSINESS DISTRICT : E. Prohibited U se : 1. Adult ente rtam ment and se rvice e s tablis hm e nt s. 2. Manufactur ing. 3. Outdoor stor age of mate ri al s , s upplies a n d e quipment on private a nd public proper ty. 4 . The outdoor di s play , storage or sale of clothing or h ouse h ol d ap plia n ces, furniture or other items commonly used m a h ome , whether on pnvate or public prope rty , ~ales pursuant t o a p ublic s ide w a lk sale as that term js d efi ne d in_E.M.C . 16-8 -1. 5. Wareho u. ing of products or ite ms not sold on t he pre mises. 6 . 7 . Sale at wholesale . Sales or service activity shall not be allowed from any temporary structure or ve hicle unless a building permit application has been submitted fo r a permanent building or structure to replace the temporary structure. • I • 0 • • • • • - 8. Pawnbroke rs a nd automobile pawnbrokers a defined by and which a re r equired t o be licensed unde r Title 5 of thi Co de . 9. Temporary employment services as defin ed by a nd which are require d to be licensed under Title 5 of this Code . Sectjon 4 The City Council of the Ci ty of Engle wood , Color a do hereby a uthori zes amending Title 16, Chapter 4 , Section 12 , Subsection F . of the Englewoo d ~lunicipal Code 1985, to read a s follows: 16-4-12: B-2 BUSINESS DISTRICT: F . Prohibited Uses: 1. Manufacturing. 2. Outdoor stor a ge of materia ls , s upplies and e quipment o n pn1·a t a n d public property. 3. The outdoo r disp lay, stor age or a le of h ouse hol d applLances . furnnur . or other ite ms co mm onl y u ed m a h ome , w hether o n private o r public property . Exce t sale urs uant to a u bh s d w al s e rm is defined in E.M.C . 16-8-1. 4. Warehous ing of products or ite ms n ot so ld o n the p r e mi ses. 5 . Sales at wholesale . 6 . Sales or service activity s hall n ot be allowed fr om a ny t e m porary structure or vehicle unless a building pe r mJt apphcauon h as been s ubmitted fo r a perma ne nt building or struct ure to r eplace the tempor a ry structure. 7. Temporary e mployment services a s defined by a nd which a r e r equir d to be licensed under Title 5 of thi s Code. Sectjon 5. The City Co uncil of the City of Englewood, Co lorado h e r eby a utho ri zes a mendin g Title 16 , Chapter 4 , Section 19 , S ubsection i , of t he Engle wood Muruci p al Code 1985, to r ead as follo ws : 16-4-19-7 :-J>ROHIBITED : A. The followi ng sig n s a re prohibited in a ll zone d i trict s a nd are decl a r e d a nuisan ce by the City: l. Any ground sign within a triangular area of thirty feet (3 0') along two (2) sides of an mtersection of curbs of two (2) s treets, a railroad right-of-way and a stree t , a driveway and a street, or an alley and a street, which does not have a clear area of seven feet (7') between the grade level and the bottom of t he sign unless approved by t h e City Traffic Engineer . • I • 0 - • • ~ ,.-. • 1 • ,. . ., • -' 2 . Banners , excep t as in provi d ed in s ubsections l 6-4-19-5 (Q) (South Broadway identification ba nners), 16-4-19(8 ) (Street Banners), and 16-4-19-10(E)(6) (S h ort Term Advertising Sign s) as well as, pennants. valances and wind s igns. 3 . Billboards including without limitation , any billboards on land transferred t o the City by the State of Colorado or any of its age nci es. 4. Portable signs. .. 5 . +a-. Signs refe rring to outdoor displ ay of mer ch a ndi se on public right-of-way except for s igns for sidewalk sales purs uant to a public sidewalk sale as that term is defined in E .M.C. 16-8 -1. 6 . Search lights. 7. Signs p ainted on fences . 8 . Third-p arty signs . 9. Wheeled advertising de,;ces, e xce pt for perm a ne nt signs on li ce nsed vehicles. 10. Balloons a nd other inflatable devices. 11. Flags exceed m g thirty-five square feet (3 5') maximum in area. 12 . Any Sign tha t imitates or resembles an offi cia l traffic control device or signal, or wl11ch attempts to direct the movem ent of traffic, or which hides from view or mterferes with the effectiveness of a ny official traffic control device or signal. B. The followin g s igns are prohibited in all a re as e xcept in the South Broadway sign area : I. 2. 3. 4 . Animated signs, except barber poles . Flas hing or blinking lights or si gns , except for sco reboards and time and temperature devices. Roof signs a nd integral roof signs. Wall murals. Sectjon 6. The En glewood City Council hereby am ends Title 16 , Chapter 8 , Section 1, of t h e Englewood Municipal Code, 1985 with the addition of the following definition, in alphabet1ca l order, to the definitions as follows: ., I • 0 I ----------------------, .. ·---~---------------------~ • -• . . 16-8-1: DEFINITIONS : PUBLIC SIDEWALK SALE: • • • ' Commumtv event or celebration allowing the use of public sidewalks by Englewood merchants in front of their business as authorized bv the Citv Manager or designee. Section 7 . Safety Clauses The City Council, hereby finds, determines. and declares that this Ordinance is promulgated under the general police power of the City of Englewood, th a t 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 legis lative object sought to be obtained. Section 8. Severabjljty If any clause, sentence, paragraph, or part of thi s Ordinance or the application thereof to a ny person or circumstances s hall for a ny reason be adjudged by a court of compete nt Jurisdiction in\'Blid , s uch judgment s h a ll not affect impair or invalidate the r e mainder of thi s O rdinance or its application t o other persons or circumstances. Sectjon 9. Incon s istent Ordjn;rnces All other Ordinances or p or tio ns thereof inconsistent or confli cting with this Ordinance or a n y portion hereof are h e reby repealed to the extent of s uch inconsistency or conflict. Section 10 Effect of repeal or modificatjon The r e peal or modifi cation of any provision of the Code of the City of Englewood by this Ordinance shall not r e lease, extinguish , alter, m odify , or change in whole or in part a ny penalty, forfeiture. or liability, either civil or criminal, which shall have been i ncurred under such provision, and each provision s hall be treated and held as still r e maining in force for the purposes of sustaining any and all proper action s , s uits , proceedings, and prosecutions for the e nforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may b e rendered , entered, or made in such actions, suits, proceedings, or prosecutions . Sectjon 11. Penalty Proyisjon . The P e nalty Provision s of E .M .C . Section 1-4 -1 shall apply to each and every violation of this Ordina nce . Introduced, read in full , and passed on first readi n g on the 15th day of May , 2000 . • ·-. -----.--~ hh ______ _ .. I • C, - • ... " ,,-- • . . ~ • -.. Published as a Bill for an Ordinance on the 19th d ay of May , 2000. A Public Hearing was held on June 5, 2000 .. Read in full , ame nded and passed as a mended on t he 26th da y of June , 2000 . Published in full , a s a mended on the 30th day of June, 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 cop y of an amended Bill for an Ordinance, introduced, read in full , a mended and passed on the 26th day of June , 2000. Loucrishia A. Ellis ' . " .. ... ' ' I • 0 • • ) ~ .. " ,,-- • l ~·· . .. • • ' OIIDINANCE NO. SERIES OF 2000 COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER BRADSHAW OltDIMANCE AUTHORIZING ENTERING INTO A "RIGHT-OF-WAY USE AGREEMENT" BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND IIISTIUCOM. INC. WHEREAS, Metricom is in the business of constructing, maintaining and operating a mobile digital data communications radio network known as Richochet, a network operated in accordance with regulations promulgated by the Federal Communicatlons Commission (F.C.C.). utilizing radios and related equipment certified by the F .C .C .: and WHEREAS, the passage of this Ordinance will authonze the City to enter into a "Right Of Way Use Agree ment" with Metricom. Inc. which will allow Metricom to locate , place, attach . install, operate and maintain rad ios on facilities owned by the City of Englewood, as well as facilities owned by thud parties. located in the Public Rights of Way for purposes of operating Richochet: NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The "Right-of-Way Use Agreement" between the City of Englewood and Metricom , Inc., attached hereto as "Exhibit A," is hereby accepted and approved by the Enclewood City Council. $ectjon 2. The Mayor is authorized to sign the "Right-of-Way Use Agreement" for and on behalf of the City of Englewood , Colorado. 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 . Read by title and passed on final reading on the 26th day of June, 2000. . I . • ' ~ ., .. .. ' • • ) I • 0 - • • • ... ~ .,,-·· • J. ' •,.' .. • • .. Published by title as Ordinance No .~ Series of 2000 , on the 30th day of June, 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 the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000. Loucrishia A. Ellis -2- ' . ., ' ' • ) I • 0 2x • • ~ -·· • -.. ., ... • • £.VGLEWOOD . COLORADO] Right-of-Way Use Agreement THIS RJGHT-OF -WAY USE AGREEME'.\IT (this "Use Agreement") is dated as of =----------· (the "Effective Date"), and entered into by and between the CITY OF ENGLEWOOD, a Colorado municipal corporation (th e "City''), and METRIC0'1. INC., a Delaware corporation ("M etricom"). Recitals A. Metricom is in the business of constructing, maintaining, and operating a mobile digital data communic:itions radio network known as Ricochet®, a network operated in accordance with regulations promulgated by the Federal Communications Commission. utilizing Rad ios (as defined in § L 13 below ) and related equipme:1t certified by the Federal Communications Commission. B . Subject to reasonable municipa l regulations concerning the time , location, manner of attachment. installation. fees , and maintenance cf its facilities, '.\1etricom has the right under federal and Colorado law to install Ricoche t® Radios in public rights of way . C. Metricom wishes to locate , place , anach. install , operate, and maintain Rad ios on facilities owned by the City . as well as fac:lities owned by third panies, located in the Public Rights of Way for purposes of operating Ricochet®. Agreement Now, the ref ore, for good and valuable consideration. the receipt and sufficiency of which are hereby acknowledg~d. the parties agree to the following covenants, terms. and conditions : 1 DEFI~ITIO~S. The following definitions shall apply generally to the provisions of this Use Agreement : 1.1 Adjusted Gross Re,·enues. "Adjusted Gross Revenues" means the gross dollar amount received by Metricom with respect to an d/or deriving from the provi sion of Services (as defined in§ 1.15 below ), whether directly by Metricom or through a reseller, to subscribers with billing addresses in the City, excluding (i) local , state , or federal taxes that have been billed to the subscribers and separately stated on subscribers ' bills and (i i) revenue uncollectible from subscribers (i .e .. bad debts ) Ri1nt-<>fWay Us,.~grn,.,n, City of f:nrlnwx>d :: Mttnca,o. Inc . pap I of I ~ • ' I! )l .. I e I T ) I . ., ' • 0 • • -• ,,-·· • • - with billing addresses in the City that was previousl y included in Adjusted Gross Revenues . 1.2 Agency. "Agency" means any governmental or quasi-governmental agency other than the City , including the Federal Communications Commission and the PL"C (as such term is defined in § 1.11 below). 1.3 Fee. "Fee" means any assessment, charge. fee, imposition. tax , or levy of general application to Persons doing busines s in the City lawfull y imposed by an y governmental body (but excluding any utility users' tax , franchise fees. telecommunications tax, or similar tax or fee ). 1.4 Installation Date. ''Installation Date .. shall me:m the date that the first Rad io is installed by Metricom pursuant to this t.:se Agreement . 1.5 Laws. "Laws" means any and all starutes. constirutio ns, ordinances , reso lutio ns . regulations , judicial decisions, rules, tariffs. administrative orders. certificates . orders , or other requirements of the City or other governmental agency having joint or several jurisdiction over the parties to this lJ se Agreement, in effect either as of the Effective Date or at any time during the presence of Rad ios in the Publi c Ri ghts of Way. 1.6 Metricom. "Metricom" means Metricom , Inc .. a corporation duly organ ized and existing under the law s of the State of De laware, and its lawful successors . assigns , and transferees . 1.7 1.8 Municipal Access Program. "Municipal Access Program" mean s the di scount program described in§ 4 .-1 below . Municipal Facilities. "Municipal Fac ilities" means City-owned street light poles. lighting fixtures , electroliers, or other City-owned structures located within the Public Rights of Way and may refer to such facilities in the singular or plural , as appropriate to the context in which used . Righi-of Way Us e Agreement C,ryo[Englewood ·: .\ttrricom. Inc . • I • 0 • • 1.9 1.10 1.11 1.12 1.13 1.14 • ,. ",• ... • -' Person . "Person" means an individual , a corporation, a limited liability company , a general or limited partnership , a sole proprietorship, a joint venture , a business trust, or any other form of business entity or association . Provision . "Provision" means any agreement, clause, condition, co venant. qualification, restriction , reservation, term , or other stipulation in this Use Agreement that defines or otherwise controls , establishes. or limits the performance required or permitted by any party to this Use Agreement . All Provisions , whether covenants or conditions , shall be deemed to be both co venants and conditions . Public Rights of Way. "Public Rights of Way" means the space in , upon. abo ve. along , across , and over the public street s, roads. lanes , courts , ways. alle ys . boulevards , sidewalks. bridges , and places , including all publ ic utility easements and dedicated public service easements as the same now or may hereafter exi st, th at are under the jurisdiction of the City . This term shall not include state or federal righ ts of way or an y property owned by any Person or Agenc y other than the City , exc ept as provided by applicable Laws or pursuant to an agreement between th e C ity and any such Person or Agenc y. PUC. "PUC" means the Colorado Public Utilities Commission . Radio. "Radio " means the radio equipment, whether re ferred to singl y or collectively. to be installed and operated by Metri c om hereunder. Ricochet®. "Ricochet®" or "Ricochet® MCD N" means Ricochet® MicroCellular Digital Network, a mobile , microcellular digital radio communications network owned and operated by Metricom . I.IS Services. "Services" means the mobile digital communications services prov ided to end users by Metricom an d/or its resellers through the Ricochet® network operated by Metricom . Right-of Way Us, Ag,u,,.,,u Cit)' of Engl~vood :: M,mco,n. In c. pagd ofl~ ·~ I • 0 - • • -• • • ... • -.. 1.16 City. "City" means the City of Englewood]. 1.17 Use Agreement. "Use Agreement" means this nonexclusive L'se Agreement and may also refer to the associated right to encroach upon the Public Rights of Way conferred hereunder. 2 TER.\ol, This Use Agreement shall be effective as of the Effective Date and shall extend for a term of nine (9) years commencing on the lnstallation Date, unless it is earlier terminated by either party in accordance with the provisions herein . The term of this Use Agreement shall be renewed automatically for three (3) successi ve terms of five (5) years each on the s:ime terms and co nd itions as set forth herein, unless either party notifies the other of its intention not to renew not less than sixty (60) calendar days prior to commencement of the rele\'ant renewal term. 3 SCOPE OF USE AGREDIE:'IIT. Any and all rights expressly gra nted to :Vletricom under this L'se Agreement. which shall be exercised at :Vletricom's sole cost and expense. shall be s ubject to the prior and continuing right of the C ity under applicable Law s to use any and all parts of the Public Rights of Way and shall be further subj ect to all deeds. easements. dedic:nions . conditions. franchises, covenants , restric tio ns , encumbrances, and claims of title of rec ord which may affect the Public Rights of Way. Nothing in this L'se Agreement shall be deemed to grant, convey. create, or vest in Metricom a real property interest in land. including any fee. leasehold interest. or casement. Any work performed pursuant to the rights granted under this L'se :\greement may, at the City's option. be subject to the reasonable prior re\·iew and approva l of the City . 3.1 3.2 Attachment to '.\-lunicipal Facilities. Subject to the co\·enants he~einafter set fo rth , the City does hereb y authorize '.\letricom to enter up o n the Pub lic Rights of Way and to locate, place. anach, ins tall , operate, mainta in. remove. reattach. reinstall. relocate , and replace Rad ios in or on :Vlunic ipa l Facili ties fo r the purposes of operating Ricoche ® and pro viding Services to Persons lo cated w ith in or without the limits of the City. In addition , subject to the provis ions of§ 4 below. l\letricom shall ha ve the right to draw electricity for the operatio n of the Radios from the power source associated with each such attachment to Municipal Facilities. Attachment to Third-Party Property. Subject to obtaining the permission of the owner(s) of the affected property, and subject to the covenants hereinafter set forth. the Cir/ does hereby authorize :'vletricom to enter upon the Publ ic Rights of Way and Right-of IVa_v Use ,.fgreement City oj Engl~vood :: Mttrrcom. Inc • I • 0 • • -·· • • • to attach, install. operate, maintain, remove, re:ittach , reinstall , reloc:ite, and replace such number of Radios in or on poles or other structures owned by public utility companies or other property owners located within the Public Rights of Way as may be permitted by the public utility company or property owner, as the c:ise may be. Metricom shall furnish to the City documentation of such permission from the individual utility or property owner responsible. City agrees to cooperate with Metricom, at no cost or expense to City, in obtaining where necessary the consents of third-party owners of property located in the Public Rights of Way. By :igreeing to cooperate, the City is indicating its willingness to indicate its approval of the use of the Public Rights of Way. The City is not expected to expend substantive stJff time in providing this cooperation. 3.J No Interference. Metricom in the performance and exercise of its rights and obligations under this Use Agreement shall not interfere in any m:inner with the existence and operation of any and all public and private rights of way, sanitary sewers , water mains. stonn drains, gas mains, poles. :rri:il and underground e!ectric:il and telephone wires , electroliers. c:ible televisi on, traffic sign:iliz:ition. and other existing telecommunications, utility , or municipal properry. without the express written approval of the owner or ow'ners of the affected property o r properties. except as permitted by applic:ible Laws or this Use Agreement. Metricom \\ ill correct :my interference problems attributed to its equipment within forty-eight (48 ) hours of notification by the City: provided, however. that in cases of emergency or imrnedi:ite threat to public safety , as determined in the sole discret ion of the City, the City may shut down any Metricom facilities and shall immed ia tely not ify Metricom of the action taken . The City agrees to require the inclusion of substantially the same prohibition on interference as that stated abo\·e in all agreements and franchises it may enter into after the Effective Date with other information or communications providers and carriers . 3.4 Compliance with Laws. Metricom shall compl y with and conform to all applicable rules, regulations and laws of the City and the State of Colorado in the exercise and performance of its rights and obligations under this Cse Agreement . 3.5 Obtaining Required Permits. If the attachment, installation, operation, maintenance, or location of the Radios in the Public Rights of Way shall require any permits , Metricom shall, if required under applicable City ordinances, apply for the appropriate permits and pay any standard and customary permit fees . City shall promptly respond in accordance with its stand:ird practices to Metricom 's requests R1glu -oj: Wa>· Use Agreemenl C,ryo/Engl-.\f•mcom. Inc. page5of l! I • 0 • • -• ,,,--· • • -' for pennits and shall otherwise cooperate with Metricom in facilitating the deployment of Ricochet® in the Public Rights of Way in a reasonable and timely manner. The proposed locations ofMetricom's planned initial installation of Radios shall be provided to the City promptly after Meuicom 's review of available street light maps and prior to deployment of the Radios. At least 3 days prior to the commencement of work, Metricom shall submit to the City for its approval. which shall not be unreasonably withheld, conditioned or delayed, 5 copies of standard plans and details for attaching their Radios to Municipal and Third Party Facilities. Plans and details will indicate the standard installation schematics, professional engineer certification for the proposed installation, the proposed work area traffic control to be utilized, the standard for electrical and mechanical connections, and standard pole attachment locations . Metrico m will provide to the City the installation location at least 24 hours prior to beginning work on any installation that Metricom proposes to construct , utilize. mod ify. repair, replace or maintain . A one-time S6 .00 public way pennit fee will be assessed for each location . If these fees are not paid in advance. then there will be a 52 .00 billing fee for each statement sent. In the event of emergenc y repairs requi red for safety or restoration of ser,ice to Metricom's customers, Metricom shall not be required to furnish notice prior to commencing said repairs but shall not ify the C ity of the nature and exte:11 of :my such emergency work. Metricom agrees to meet with City annuall y to discuss the company 's forthcoming projects and installations with the Ci ty . 3.6 Notice or Loc:ation or Radios. l:pon the completion of installation. Metric om promptly shall furnish to the City suitable documentation in a digital format showing the exact location of the Radios in the Public Rights of Wa y. 3.7 3.8 l"se Agreement Extends Only to lnst:allation of Radios. The rights granted Metricom under th is Use Agreement extend only to the insta ll at io n of the R:id io s described herein on Munic ipal Fac iliti es in the manner described here in or on third-party property in the manner provided in ~ 3.2 abo ve and does not cre:ue an y right to install different or additional communications facilities in the Publ ic Ri gh ts of Way or on Munic ipal Fac ili ties or on third-party property . Und er no circumstances is the closing , excavation , or opening of any Pub lic Right of Way authorized or pennitted under thi s Use Agreement . Exclusion or Cert:ain F:aciliries. Prior to its installation of Rad io s on Municipal or Third-Party Facilities and after it pro vi des the City with its proposed locat ions for installation of the Radios on Munic ipal or Third-Party Fac ili ties , the City may in its Ri1h1--of Way Cs , Agrument Cit)' of EnglrNood ·: .W,u nco,,., Inc. pogr 6ojl1 0 I • 0 - • • • --. • , . • - discretion designate certain Municipal or Third-Party Facilities to be excluded from those on which Radios may be installed by Metricom, including but not limited to ornamental or similar specially-designed street lights or other Municipal or Third-Party Facilities which, in the reasonable judgement of the City, are not compatible for either engineering, safety, interference, or aesthetic reasons .. 3.9 Engineer's Certification. At the time of execution of this Use Agreement. Metricom shall provide the City and attach to this Use Agreement as exhibits hereto a certified Standard Wind Loading Study and a certified Attachment Detail showing typical installation for the Radios, each of which shall be certified by a registered professional engineer. 3.10 No Introduction of Hazardous ~laterials. Metricom represents and warrants tha t its use of the Public Rights of Wa y and '.\fonic ipal Facilities. and its inst allat ion of Radios as provided herein , will not introduce or generate any hazardous sub stance (as defined under any applicable state or federa l law). and that it will not sto re or dispose on the Public Rights of Way or '.vlunic 1pal Facilities. nor transport to or over the Public Rights of Way or Munic ipal Fac ilities ::my hazardous substance (as defined under any applicable state or federal law). 4 COMPENSATION; DISCOUNTS; UTILITI' CHARGES. ~letricom shall be solely responsibl.: for the payment of all lawful Fees in connection with Metricom·s performance under this t..:se Agreement. including those set forth below. 4.1 Right-of-Way Fees. As consideration for '.\,letricom 'sentry upon and deployment within the Public Rights of Way, Metricom shall pay to the Ciry . on an annual basis, an amount equal to five percent (5%) of'.\,letricom 's Adjusted Gross Revenues (the "'Right-of-Way Fee''), which amount will remitted to City as provided herein . The compensation provided under this section shall be payable for the period commencing upon the date that Metricom and/or its resellers first provide Services to commercially paying subscribers within the City using Radios installed pursuant to this Use Agreement and ending on the date of termination of this Use Agreement. and shall be due on or before the 45 :h day after the end of each calendar year or fraction thereof. Within forty-five (45 ) days after the termination of this Use Agreement, compensation shall be paid for the period elapsing since the end of the last calendar year for which compensation has been paid. Metricom shall furnish to Righi-of Wa)' l'st . .tgr~,"'~"' Ciry OJ Enrln,,ood M,mco"'. Inc. PDI• of I! • 0 I • 0 J- • . ,. .. _... • • • .. the City with each payment of compensation required by this section a statement, executed by an authorized officer of Metricom or his or her designee, showing the amount of Adjusted Gross Revenues for the period covered by the payment. If Metricom discovers that it has failed to pay the entire or correct amount of compensation due, the City shall be paid by Metricom within thirty (30) days of discovery of the error or determination of the correct amount. Any ove!J)ayment to the City through error or othezwise shall be refunded or offset against the next payment due from Metricom. Acceptance by the City of any payment due under this section shall not be deemed to be a waiver by the City of any breach of this Use Agreement occurring prior thereto , nor shall the acceptance by the City of any such payments preclude the City from later establishing that a larger amount was actuall y due or from collecting any balance due to the C ity. 4.1.1 Reduction of Right-of-Way Fee by Amount of t:tility t:sers or Communications Tax . Notw ith stand in g anyt hing to the contrary in this Use Agreement, the amount of the Ri ght-o f-Wa y Fee shall be re duced b y the amount of any applicable loc a l tax. fee , or charge imposed up on :Vletrico m solel y by v irtue of its status as a communicat ions provi der. 4.1.2 Accounting Matters . Metricom shall keep accurate books of ac count at its principal office in Los Gatos or such other location of its choo si n g for th e pu!J!OSe of determining the amounts due to the City under§ 4.1 above . The City may inspect Metricom 's books of account relat ive to the City at an y time during re g ular business hours on ten ( l 0) business days ' prior wri tten noti ce and may audit the books from time to time at the City 's sole expense , but in eac h case onl y to the extent ne cessary to confirm the ac curac y of pa:,,ments due under § 4 .1 abo ve . The City agrees to hold in confidenc e an y non-publ ic in fo rm ation it learns from Metricom to the fulle st exten t perm itt ed by La w . Riglu .af Way Usr ,'4grrtmtnt Ciry of £ngln.'00d :: Mrmcom. /nc pog,8 o[I ! ... ' . 0 I· 0 • -• -· • • -.. 4.2 Electricity Charges. Metricom shall be solel y respons ible for the payment of all electrical utility charges to the applicable ut ility company based upon the Radios· usage of electricity and applicable tariffs . 4.3 Municipal Subscriber Program. In consideration of City 's execution and de livery of this Use Agreement, City shall have the right throughout the term of this Use Agreement to receive up to the maximum number specified below (based upon the City 's population) of free Ricochet® basic service subscriptions . The number of free subscriptions which the City may recei,·e shall be determined in accordance with the City"s official population, as shown on the late st a\'ailable census data. as follows : (a) for municipalities with a population of less than 100.000. up to a maximum of ten ( 10 ) free subscript ions ; (b) for municipalities with a popul:ltion of berween 100,000 and 249,000, up to a maximum o f fifteen (15) free subscriptions : (c ) for mu nicipalities with a population of between 250,000 and 500,000, up to a maximum of rwenry (20 ) free subscriptions; and (d) for munic ipalities of over 500,0 00. up to a m:iximum of rwenty-fi\'e (:5) free subscriptions. City shall designate one person who shall be responsible for ordering and recei,·ing any subscriptions . To take ad\'antage of this program. the design:ited ind i\'i du:il shou ld contac t Metricom·s Network Real Estate Department at the address stated in § 8 below. Ci ty's right to use the subscriptions shall commence at the time that Ricochet'~ serv ice is commercially avai lab le in the City and shall extend until the expirat ion of the term of this Cse . .\greemenr o r through the length of time that Radios are deployed in the Public Rights of Way , whichever is longer. Ciry·s use of the subscriptions shall be subject to the standard Ricochet·~ terms and conditions of use . City understands and agrees that modems and equipment required to utilize the subscriptions and any additional service subscriptions or ser\'ice options the City may desire may be obtained fr om an authorized retailer at market rates current from time to time. City shall use all subscriptions provided pursuant to this section solel y for its 0\1,n use and shall not be entitled to rese ll. distribute. or otherwise permit the use of same b_ any other person. excepting a local public entity that provides public service within the co rporate boundaries of the Ciry (e .g.. municipal schools, public safety, or fire departments. etc .). The level of benefits and service provided to City by ~letricom as "basic service" shall not be diminished or reduced during the term of this l!se . .\greement or renewal thereof or prior to its cancellation or termination, as the case may be . 4.4 Reimbursement of City's Expenses . Metricom shall reimburse the C ity at City's standard rates for all reasonable expenses relating to the preparation. issuance, and implementation of this Use Agreement, up to a max imum of Two Thousand Dollars ($2,000), promptl y upon receipt of bills. paid in,;oices. and such other documentation as Metricom shall reasonably require . The reimburse:nent provided for in this § 4 .5 shall not replace or excuse Metricom from the payment of any applicable Ciry permit fee for work undertaken in connection with this Use Agreement, nor shall it be credited against any other amounts due to the City pursuant to this Cse . .\greement. R1gl11-of-Way Use Agreement City of Engl~wood · · Mt:trtcom. Inc pagt 9ofl c 0 I • 0 • ,,-. • , . .. . • - 4.5 Most-Favored Municipality Clause. Should :Vletricom after the parties' execution and delivery of this Use Agreement enter into a right-of-way use agreement with another municipality or county of the same size or smaller than the City in the Denver Metropolitan Statistic:il Area which agreement contains financial benefits for such municipality or county which, taken as a whole and balanced with the other terms of such agreement, are in the City's opinion superior to those in this Use Agreement, Metricom shall , within sixty (60 ) days of the request by the City, modify this Use Agreement to incorporate the same or substantially similar superior benefits and such other terms. For the purposes of this § ~.6 , the phrase ··municipality or county of the same size or smaller than the City .. shall mean another local government which falls into the same tier or cl :issification as the City at the time of comparison according to the following categories : (a) local governments \,ith a population less than 100.000; (b ) local go\·ernments with a population between 100.000 and 250.000 ; (c ) local governments with a popu lation between 25 0,000 and 500,000 ; and (d) local governments wnh :1 population greater than 500 .000. For the purposes of this § ~.6. county popu lat ion sha ll onl y , nsider the unincorp or:ite d portions of a given counry . 5 RELOCATION OF RADIOS. Metric om understand s and acknowledges that City m:i y require Metricom to relocate one or more of its Radios. and '.\.letricom shall at City's direction reloc:ne such Radios at Metricom 's sole cost and expense , whenever C ity reasonably determines that the relocation is needed for any of the following purposes : (a) if required for the construction, completion, repair. reloc:ition. or maintenance ofa Ciry project: (b ) because the Radio is interfering with or adversely affecting the existence and operat io n o f any and all public and private facilities as noted in Section 3.3 above ; (c) to protect or preserve the public health or safety; or (d) because the Radio has been abandoned . In an. such case. and to the extent pr:icticable in connection with the City's plans, City shall use its best efforts to afford :Vletricom a re:isonabl y equivalent alternate location. lfMetricom shall fail to relocate any Radios as requested by the City within a reasonable time under the circumstances in accordance with the foregoing provision , City shall be entit led to relocate the Radios at Metric om· s sole cost and expense , without further notice to Metricom . 5.1 Relocations at Metricom's Request. ln the event :V!etricom desires to reloc:1te any Radios from one Municipal Facility to another, :V!etricom shall so advise City . City will use its best efforts to accommodate Metricom by making another re:isonabl y equivalent Municipal Facility available for use in accordance with and subject to the terms and conditions of this lise Agreement. Right-of Way Use Agreement Ciry of £ngitth'OOd .· · Memcom . Inc. page /O of/1 0 I • 0 • • -• " • ·,, • • ' 5.2 Damage to Public Way. Whenever the installation, repair, removal or relocation of Radios is required or permitted under this Use Agreement, and such removal or relocation shall cause the public way to be damaged, Metricom, at its sole cost and expense, shall promptly repair the public way , normal wear and tear excepted. If Metricom does not repair the site as just described, then the C iry shall have the option, upon fifteen (15) days' prior written notice to Metricom, to perform or cause to be performed such reasonable and necessary work on behalf of Metric om and to charge Metricom for the direct costs incurred by the C ity at City's standard rates . Upon the receipt of a demand for payment and supporting documentation by the City, Metricom shall promptl y reimburse the City for such costs. Metricom shall ac t diligentl y and without delay to repair, regard less of time of day. any safety hazard that occurs involving Metricom's equipment and plant . 6 L'iDE;\'INIFICATION A'.'>D WAJ\'ER . Metricom agrees to indemnify. defend. protect , and hold harmless the City, its council members , board members. commissioners. officers. and employees from and against any and all claims. demands. losses , damages. liabilities, fines , charges. penalt ies. administrative and judicial proceedings and orders. judgements. remedial actions of any kind. all costs and cleanup actions of any kind. and all costs and expenses incurred in connection therew ith . including reasonable attorne y's fees and costs of defense (collect ively . the "Losses") directl y or proximately resulting from Metricom ·s activit ies undertaken pursuant to this Use Agreement. except to the extent arising from or cau ed b, the neg ligence or willful misconduct of the C ity . its council members, board members . comm is sioners , officers . employees. agents. or contracto rs . 6.1 Waiver of Claims. Metricom waives an. and all claims , demands, causes of action. and rights it ma y assert against the City on account of any loss. damage, or injury to any Radio or any los s or degradation of the Services as a result of any event or occurrence which is beyond the reasonable control of the City . 6.2 Limitation of City's Liability. The City shall be liable only for the cos t of repair to damaged Radios arising from the negligence or willful misconduct of City, its employees , agents , or contractors. 7 l'.'>SUR..\NCE. Metricom shall obtain and maintain at all times during the term of thi s Use Agreement commercial general liability insurance and commercial automobile liability insurance protecting Metricom man amount not less than One ~Ii Ilion Dollars (S 1,000,000) per occurrence Right·of·Way Us, . .frru,,.,n, City of E:ngl~ .: Mttrrco,,,, Inc . pagt II of I~ ., .. 0 I • 0 J • -• • .,-. • ... • • ~ (combined single limit), including bodily injury and property damage, and in an amount not less than One Million Dollars (S 1,000,000) annual aggregate for each personal injury liability and products-completed operations. Such insurance policies shall list the City, its council members , board members, commissioners, officers, and employees as additional insureds as respects an y covered liability arising out of Metricom's performance of work under this Use Agreement. Coverage shall be in an occurrence form and in accordance with the limits and provisions specified herein. When an umbrella or excess coverage is in effect, coverage shall be provided in following . form. Such insurance shall not be canceled or materially altered to reduce the policy limits until the City has received at least thirty (30) days ' advance written notice of such cancellation or change. Metricom shall be responsible for notifying the City of such change or cancellation. 7.1 Filing of Certific:ites and Endorsements. Prior to the commencement of any work pursuant to this Use Agre~ment, Metricom shall file w ith the City the required original certificate(s) of insurance with endorsements , which ,hall cle:irly st:ite all of the following : (a) the polic y number; name of insurance company; name and address of the agent or authorized representative: name. address. and telephone number of insured: project name and address: polic y expirat ion date ; and specific coverage amounts ; (b) that the City shall receive thirty (30) days' prior notice of cancellation ; and (c) that Metricom·s insurance is primary as respects any other valid or collectible insurance that the C ity may possess , including any self-insured retentions the C ity may have ; and any other insurance the City does possess shall be cons idered excess insurance only and shall not be requ ired to contribute with this insurance . The certificate(s) of insurance wi th endorsements and notices shall be mailed to the C ity at the address specified in § 8 below. 7.2 Workers' Compensation Insurance. Metricom shall obtain and maintain at all times during the term of this Use Agreement statutorily required workers' Right-of Way Use • .fg,.ttm~nt City of Engln.ood :: .W,mcom. Inc . pog, l}of/~ ~ . 0 I • 0 -'. ,. • • - .. compensation insurance for any of its employees and shall furnish the City with a certificate showing proof of such coverage. 7.3 Insurer Criteria. Any insurance provider of Metricom shall be admitted and authorized to do business in the State of Colorado and shall be rated at least B+:XIII in A.M. Best & Company's Insurance Guide. Insurance policies and certificates issued by non-admitted insurance companies are not acceptable. 7 .4 Severability or Interest. Any deductibles or self-insured retentions must be stated on the cenificate(s) of insurance, which shall be sent to and approved by the City. "Cross liability ," ''severab ility of interest," or "separation of insureds" clauses shall be made a pan of the commercial general liability and commercial automobile liability policies . 8 NOTICES. All notices which shall or ma y be gi ven pursuant to this Use Agreement shall be in writing and delivered personally or transmitted (a) through the United States mail. by registered or certified mail, postage prepaid; (b) by means of prepaid overnight delivery service; or (c) by facsimile or email transmission , if a hard copy of the same is followed by delivery through the U. S. mail or by overnight delivery service as just described, addressed as follows: if 10 the City : CITY OF ENGLEWOOD Attn : Ken Ross , Director of Public Works 3400 South Elati Street Englewood, CO 80110-2304 if 10 Metricom : METRJCOM, INC. Attn : Property Manager 980 University Avenue Los Gatos , CA 95032 8.1 Date of Notices; Changing Notice Address. Notices shall be deemed given upon receipt in the case of personal delivery, three (3) days after deposit in the mail, or the next day in the case of facsimile, email, or overnight delivery. Either party may from Right-of-Way Use Agrerm~nr City of Englewood :: Memcowt . Inc. pagt/J of/1 • 0 I • 0 • ,,-. • ·,. .. 0 - time to time designate any other address for this purpose by written notice to the other party delivered in the manner set forth above. 9 TERMINATION. This Use Agreement may be tenninated by either party upon forty five (45) days' prior written notice to the other party upon a default of any covenant or term hereof by the other party , which default is not cured within forty.fi ve (45) da ys of receipt of written notice of default (or, if such default is not curable within forty.fi ve (45) da ys, if the default ing party fails to commence such cure within forty-five (45) days or fails thereafter diligentl y to prosecute such cure to completion), provided that the grace period for any monetary default shall be ten ( I 0) days from receipt of notice. Except as expressly provided herein , the rights granted under this Use Agreement are irrevocable during the term. Notwithstanding the pro visions regarding the opportunity to cu re defaults , the City may tenninate this Use Agreement if (a) Metricom becomes insolvent , un able or unwilling to pay its debts , or is adjudged bankrupt ; (b) \iletricom attempts to or does pra ctice any fraud or deceit in its conduct or relations with the City under this Use Agreement: or (c) the City condemns substantially all of the property of Metricom within the City by lawful exercise of eminent domain . 10 ASSIGN'.\IE:"IT. This Use Agreement shall not be assigned by Metricom \Vit hout the express written consent of the City. which consent shall not be unreasonabl y withheld. conditioned, or delayed . Notwithstanding the foregoing. the transfer of the rights and obligat io ns of Metricom hereunder to a parent, subsidiary , or financ ia ll y viable affiliate shall not be deemed an assignment for the purposes of this Use Agreement. 10.1 Change in Control. The provisions of this § 10 shall also appl y to a change in control of Metricom involving the transfer of fifty-one percent (5 1 °10) or more of the voting shares of \iletricom by any one person or entity or group of persons or entities under common control. It shall not be deemed reasonable for the City to withhold its consent to any such proposed transfer. prov ided that (i) an y such transferee will have a financial strength after the prop osed transfer at least equal to that of :Vletricom prior to the transfer , (ii ) any such transferee assumes all the obligatio ns of Metricom hereunder , and (iii) Metricom shall not be rele:ised from the obliga tio ns of this l.:se Agreement by virtue of such transfer ; un less the proposed transfe~ee has a re co rd of performance under si milar agreements which is un acceptable to the City und er a reasonable standard of evaluation. L:ick of prior specific experience in admini sterin g a system pro vidi ng the Services de scribed in th is Use Agreement shall not , by itsel f, be deemed a reasonable basis for refusing or conditioning the City 's consent . Metricom shall give to the City written notice of any propo sed transfer for which notice is required hereunder and will provide the City with whate ver documentation Right -oflVay L'se Agrtement Cil}r of £,igfe-M.,ood .: ,\ifetricoM. Inc . page /Jo[I ! • 0 I • 0 -• • • • ' the City may reasonably require to evaluate the proposed transfer. The City agrees to respond to any request for its consent hereunder within one hundred twenty (120) days after receipt of such request. If the City fails to grant its consent within such one-hundred-twenty -day period, the City shall be deemed to have granted its consent to the proposed transfer. 11 Mlsc:ELLANEOUS PROVISIONS. The provisions which follow shall apply generally to the obligations of the panies under this Use Agreement. 11.1 Nonexclusive Use. Metricom understands that this Use Agreement does not pro vide Metricom with exclus ive use of the Public Rights of Way or an y Ylunic ipal Fac ili ty and that City shall have the right to permit other providers of in fo rmation or communications services to install equipment or devices in the Public Ri ghts of Wa y and on Municipal Fac ilities ; however, City agrees promptl y to not ify :vtetri com of the receipt of a written proposal for the installation of communic:it io ns equipment or devices in the Public Rights of Wa y or on Municipal Fa c ilit ies and to obtain written assurance from the proponent of such installat ion th:it its in st :ill :it ion or operation will not interfere with an y ofMetricom 's ex is ting o perations . In :i dd it io n, City agrees to ad v ise other providers of information or communic:it io ns serv ice s of the presence or pl:inned deployment of the Radios in the Public Rights o f W ay an d/o r on Municipal Facilities . 11.2 Amendment of Use Agreement. This Use Agreement may not be amended except pursuant to a written instrument signed by both panies. 11.3 Severability of Provisions. If any one or more of the Prov isions of th is Us e Agreement shall be held by coun of competent jurisdiction in a final j udicial action to be void, voidable , or unenforceable, such Provision(s) shall be deemed severable from the remainin g Pro vi sions of this Use Agreement and shall not affect the legality, validity , or constirutionality of the remaining portions of this Use Agreement. Each pany hereby declares that it would have entered into this Use Agreement and each Pro vision hereof irrespecti ve of the fact that an y one or more Prov isions be declared illegal , invalid , or unconstitutiona l. Righi-of Way Us, ,41rnm,n1 Cir:,ofE•rlr....od ·: M,mcam. In c. pa,.iJ of I 1 .. 0 I . 0 • • '· ,,, .... . . • - 11.4 Contacting Metricom. Metricom shall be available to the staff employees of any City deparunent having jurisdiction over Metricom's activities twenty-four (24) hours a day, seven (7) days a week, regarding problems or complaints resulting from the attachment, installation, operation, maintenance, or removal of the Radios . The City may contact by telephone the network control center oper:itor at telephone number (800) 873-3468 regarding such problems or complaints . 11.5 Governing Law; Arbitration. This Use Agreement shall be governed and construed by and in accordance with the laws of the State of Colorado. without reference to its conflicts of law principles. Any claim, controversy , or dispute arising out of this Use Agreement shall be submined to mandatory mediation in accordance with the applic:ible rules of the American Arbitr:ition Association before either party shall file any lawsuit in connection with this Use Agreement. The mediation shall be conducted in the county where the City is located. There shall be no discovery other than the exchange of inform:ition which is provided to the mediator by the parties . The panies hereby waive all tights to and claims for monetary awards other than compensatory damages . 11.6 Attorneys' Fees. Should any dispute arising out of this Use Agreement lead to arbitration or litigation , the prevailing party shall be entitled to recover its costs of such action , including reasonable attorneys' fees. 11.7 Exhibits. All exhibits referred to in this Use Agreement and any addend a , attachments, and schedules which may from time to time be referred to in any dul y executed amendment to this Use Agreement are by such reference incorporated in this Use Agreement and shall be deemed a pan of this Use Agreement . 11.8 Successors and Assigns. This Use Agreement is binding upon the successors and assigns of the panies hereto . 11.9 Advice of Displacement. To the extent the City has actual knowledge thereof, the City will attempt promptly to inform Metricom of the displacement or removal of any pole on which any Radio is loc:ited . Ri1lt1-of Wa)' Use ,fgrttmtnt Ciryo[E11rlrwood ·: MttnCOM. Inc. paft/6 of I ~ " 0 I • 0 -• ... • - 11.10 Consent Criteria. In any case where the approval or consent of one party hereto is required, requested or otherwise to be given under this Use Agreement, such party shall not unreasonably delay, condition, or withhold its approval or consent. 11.11 Waiver of Bre:acb. The waiver by either party of any breach or violation of any Provision of this Use Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other Provision of this Use Agreement. 11.12 Representations and Warr:andes. E:ich of the parties to this Agreement represents and warrants that it has the full right, power, legal capacity, and authority to enter into and perfonn the parties' respective obligations hereunder and that such obligations shall be binding upon such party without the requirement of the approval or consent of any other person or entity in coMection herewith. except as provided in § 3.2 above . In addition. City specifically represents and covenants that City owns all Municipal Facilities for the use of which it is collecting from Metricom the Annual Fee pursuant to§ 4.1 above . 11.13 Entire Agreement. This Use Agreement contains the entire understanding ber.veen the parties with respect to the subject matter herein . There are no representations, agreements, or understandings (whether oral or written) between or among the parties relating to the subject matter of this Use Agreement which are not fully expressed herein . Ri1lr1-ofWay L'J~ tf.frnm~nt Ciry •l E•g/hlO«i . : M~mcolfl. foe. pogd7of/~ 0 I • 0 • ,. .. • - In witness whereof, and in order to bind themselves legally to the tenns and conditions of this Use Agreement, the duly authorized representatives of the parties have executed this Use Agreement as of the Effective Date. City: CITY OF ENGLEWOOD, a Colorado municipal corporation Metricom : By: Its: Date: METRICOM, INC., a Delaware corporation By : Its : Date: [•am•rypd/ Ript-<>f-Way Us, ,i,__., City of Enr/""'10d : : M<lricDlfl. Inc. pap /8 of I~ '· . ., ' • f 0 I· 0 • ORDINANCE NO. SERIES OF 2000 - -· • • - BY AUTHORITY COU CIL BILL NO . 47 INTRODUCED BY COUNCIL MEMBER WOLOSYN 11 b ili AM ORDINANCE REPEALING TITLE 4, CHAPTER 5, OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND REENACTING A NEW TITLE 4 , CHAPTER 5, ENTITLED "ENGLEWOOD BASIC LOCAL EXCHANGE SERVICES BUSINESS AND OCCUPATION TAX". WHEREAS, the Englewood City Council finds that companies offering regulated local exchange services are currently subject to a business and occupation tax on the business and occupation of providing such services to the residents of the City of Englewood (hereinafter the "City''). The City enacted a tax in 1976, and has continuously maintained that tax since that date: and WHEREAS, the Englewood City Council found that when the current section of the City's business and occupation tax was enacted. the businesses and occupations taxed were provided by a monopoly provider under state law . However, the provision of services by these businesses and occupations is becoming, or has become competitive pursuant to both federal and state law : and WHEREAS, the Englewood City Council has found that The Telecommunications Act of 1996 specifically encourages new entrants to compete in the Telecommunications Market, and requires local ordinances to be competitively neutral and without barriers to entry; and WHEREAS, the Englewood City Council finds in the future . Basic Local Exchange Service within the City may be offered by many providers ; and WHEREAS, the Englewood City Council finds that the Providers of Basic Local Exchange SeJ"Vlce operating in the City may be significantly different in size . and the City's business and occupation tax should reflect such differences ; and WHEREAS. the Englewood City Council finds the City's bu s iness and occupat10n tax on Providers of Basic Local Exchange Service should be uniform a nd non-discriminatory. and should not create barriers to entry for Ba sic Local Exchange Service Provide r s m the City ; and WHEREAS, the Englewood City Council finds the business and occupation tax set forth in this Ordinance recognizes the potential differences in size of Providers of Basic Local Exchange SeJ"Vlce s that may operate within the City , is uniform , non-discriminatory. and does not create barners to entry; and WHEREAS, the Englewood City Council finds the business and occupation tax set forth in this Ordinance is not a new tax, a tax rate increase, an extension of an expiring tax, an increase in a tax, or a tax policy change directly causing a net tax revenue gain to the City; and WHEREAS, the Englewood City Council finds the business and tax amendments contained in this Ordinance are non-discriminatory to all Providers of Basic Local Exchange Service because they are based upon the number of Lines each company provides within the City ; NOW . THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS: • .. 0 I • 0 J cmz:::i::m:'! • • • ,.-. • ' • .. .. • -' Section 1. The City Council of the City of Englewood, Col orado hereby repeals Title 4 , Chapter 5. and reenacts a new Title 4, Chapter 5, entitled "Englewood Bas ic Local Exchange Services Busine ss and Occupation Tax" to read as follows : 4:5-1: ENGLEWOOD BASIC LOCAL EXCHANGE SERVICES BUSINESS AND OCCUPATION TAX. The tax imposed upon providers pursuant to this Chapter shall be called and referred to as the Englewood Basic Lroel Exchange Services Business and Occupation Tax <hereinafter within this Chapter "Business and Occypat10n Tax"} H-2: DEFINITIONS; As used in this Chapter: BASIC LOCAL EXCHANGE SERVICE : BASE LINE COUNT: INCUMBENT PROVIDER: INHABITANT: LlliE: Means "basic )oca) exchange service ·· or "basjc seryjce·· authorized by a Certificate of Public Convenience and Necessity or otherwise under Title 40 Article 15 Colorado Revised Statutes. as amended or recodjfied from time to time or by regulations promulgated thereunder . Means the total number of Llnes for which the Incumbent Provider provides Basic l.Qcal Exchange Service wjthin the City on July 1 2000 . Means any company or entity authorized by the Public Utilities Commission State of Colorado to provide basic local exchange service and providing such service withm the City as of February 8 1996 . Means any individual corporation. partnership joint venture company firm association. partnership or other entity residing or having a place of business wjthin the City Means a separate telephone number or telephone circuit identification number provided to a customer at retail except that, to the extent a provider provides basic local exchange service through trunks. a line means a network access register. or its functional equivalent. provided to a customer at retail 2 " . " 0 I • 0 • • • --• • - LINE COUNT : Means the number of Jines sold to Inhabitants at retail during the precedin1Z month for basic local exchange services . NEW PROVIDER: Means any company partnership joint venture association proprietorship individual or entity other than the Incumbent Provider who enters the business ofprovidinlZ Basic Local Exchange Service within the City after Februarv 8 1996 . NEW PROVIDER 'S INITIAL LINE COUNT: Means the numb er of lines for which a new Proyjder provides Basic Local Exchange Service within the City thirty {30} days after that New Proyjder 's effective date under E.M .C. 4-5-4 . PROVIDER : Means a company or entity providing Basic Local Exchange Service through the use of its own facilitie s. through resale or through any combjnat10n of th e two. t::5::3: TAX LEVIED: ~-There is levied on and against each Provider operating within the City a tax onJ!H: occupation and business of providing Basic Local Exchange Service at retatl to lnhab1tants of ~ ~-The monthly liability for such tax shall be the lesser of : ~- !, An amount eau al to the current annual busin ess and occupation tax assessment of $160 000 00 divided by 12 · or ~ An amount equal to the per line rate. to be calculated in accordance with Paragraph C of this Section. multiplied by the Line Count . The monthly per !ine rate shall be calculated one time by dividing $160 ooo oo by the Ba se Line Count the result of which shall be divided by 12. Such formula can be represented as follows: {$160 00 .00 ~ Base Line Count} .;. 12 = per line rate The City Manager or desi gnee shall communicate by US Postal Service such calculated line rate to all current Providers not later than August 1. 2000 and shall make such rate available to all future Providers 3 • 0 I • 0 • • • ,. --' • '• • - 4-5-4 : EFFECTIVE DATE I SCHEDULE OF PAYMENT : Q· F or each Provider the rnx lev1ed b\· t hi s Cha pte r shall co mm e nce on August 1 2000. or on t he date the ProY)der first provides Basic Local Exchange Service within t h e Citv. wluchever is later. The tax s hall be d ue a nd pa va bl e on the last dav of t he month fo llowing the occurrence of the monthly liability as determined bv E.:Vl.C. 4-5-3ffil . In t he eve nt a Provider's monthly liabilitv js less than Sl00.00 su ch Provi der mav fil e the r equired informat10n and may ma ke payment for the prior t hree mo nths on the last dav of the month foUowmg t he end of each ca lendar quarter !A pril. July Octobe r and Januarv). Returns se nt by US Mail s hall be deemed filed on the date of the pos tmark. The Line Count and the amount of payment bv any individual Provider s h a ll be dee med proprietarv information contained within a tax r eturn and afforded the confid entialitv associ ated therewith . ~-A New Provider that. beco mes subject to this Chapter s hall determine the number of lines for the first month jn wh ich Basjc Loc a l Exchange Service is offe r ed a nd s h a ll fil e its stat ement with the a ppropriate tax payment for s u ch period m accorda nc e with t his Sect10 n . 4-5-5: STATEMENT OF LINES: Q· The Incumbent Provid er s hall on Julv I 2000 determine t he total number lines for whi ch it then provides Basic Loc a l Exchange Se n 'lce w1thm he Cm· ( the Base Li n e Co unt) a nd s hall by J uly 10 2000 file with the C'i t v :'vl a n ager or des 1gn ee a stateme nt s howing its determined total num ber of lines. Such number s ha ll be uuhzed fo r 1rutiallv calcul a ting t he line r a te pursuant to E .'.\1 .C. 4-5-3(C). ~-Effective with the first ta x payment reawred bv Section -1 of this Chapter each Provider s ubject to this Chapter s hal) fil e s ta tements with the Citv '.\1an a ger or de signee . in s uch form a s the Citv may require including oaths. venfications or acknowledgm ents s h ow mg the Line Co unt provided to Inhabitants fo r the perio d for whic h s uch payment relates . ~-On July I of each calendar year each Provide r then sub1ec t to t hi s Chapter s h a ll determine the tota l n umber of lines fo r which it then provides Ba sic Local Exchange Service within t h e Citv. Bv ,J uly 10 of the sa me calendar vea r . each s uch Provi der s ha ll fil e with the Ci tv s tatem e nt showing its de t ermined total number of lin es. In a ddition. a New Provid er that first beco mes subject to t hi s Chapter during a nv ca lend a r vear s hall thirty (30) days a fter that New Provider"s effective date under Section 4 determine the number of lines for which it provides Basic Loca l Ex cha nge Service within the Ci tv (New Provi der 's initial line co unt) a nd s h all file a state ment of tha t numb er withi n t h irtv (30) dav s aft.e r the effective d a t e . 4 • 0 I • - • • • • • - 4-5-6: TAX REPORTED TO RESIDENTS: To the extent authorized by state statute and the regulations pr omulgated thereunder Providers may separately state on each Inhabitant's bill the proportionate share of the Provider 's liability imposed pursuant to this Chapter H-7: FAILURE TO PAY -PENALTY· CITY ACTION TO COLLECT: If any Provider subject to the provisions of this Chapter fails to pay the taxes as provided in Section 5 the full amount thereof together wjth a penalty of ten percent 00%} of the amount of taxes unpaid and interest accruing and compounded at a monthly rate of one percent n %}, shall become a debt due and owing from such Proyjder to the City. The Cjtv Attorney, upon direction of the Citv Council shall commence and prosecute to final judgment and determination in any court of competent iurisdjctjon an acti on at law to collect the debt . 4-5-8: INSPECTION OF RECORDS: To enforce this Chapter the Citv and its officers agents or repr ese ntatives. shall have the right. at an reasonable hours and times to examine and copy the book s a nd re co rds of every Provid er sub1 ect to this Chapter Such records shall be retained by the City for audit and enforcement purposes onlv These records shall be treated as confidential by the City and shall not be disclo sed to any ot her party e:u;ept under a court order. or in connection with enforcement of this Chapter . 4-6-9: TAX IN LIEU OF CERTAIN OTHER CONSIDERATION: The business and occupation tax leyjed pursuant to this Chapter is in lieu of all other occupation taxes opposed upon any Provider subject to this Chapter. It is in addition to any otherwise applicable ad valorem taxes and other taxes and fees It is in li eu of any "free ·· services furnished to the City by any Provider. 4-5-10: STATUTE OF LIMITATIONS : ~- ~- Except as provided jn this Section. or unless such time is exte nded by waiver the amount of tax levjed by this Chapter together with interest thereon. and penalties with respect thereto shall not be assessed or suit for collection be instituted. or any other action to collect the same be commenced more than three years after the date on which the tax was or js payable . In case of a false or fraudulent return with intent to evade tax, the tax together wjth interest and penalties thereon. may be assessed. or proceedings for the coHection of such taxes may be begun at any time . s • I • 0 - • • • • • -' Before the expiratjon of such period of limitation the taxpayer a nd the City may agree in writing to an extension hereof and the period so agree d on may be extended by s ubsequent agreements in writing . Sectjon 2. Safety Clauses The City Council, hereby finds . determines. and declares that this Ordinance is pro mulgated under the general police power of t he City of Englewood , tha t it ,s promulgated for the health, ~afety , and welfare of the public. a nd 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 prope r legislative object s ought to be o btained. Sectjon 3. All offenses committed. and all tax liabilities incurred before the effective date of this Ordinance, under prior versions of the Utilities Companies Ta x sha ll be and remain unconditionally due and payable, shall constitute a debt to the City and shall be treated as though all prior applica ble Ordinances and ame ndments thereto were in full force a nd effect . Se ction 4 . The City shall notify all Providers within s ixty (60) d a ys of passage or amendment of this Ordinance of the need for s ubmission of t he informati on requir ed by this Chapter. Such notification shall be made by US Postal Service and s hall st ate a s pecific request for such information setting forth the desired format , if any, to be de t e r mined by the City . Copies of the Ordinance shall be supplied to a ll Providers upon written req uest. Section 5. Seyerabjlity If any clause. sentence, paragra ph , or part of this Ordinance or the application thereof to any person or circumstances shall for a ny reason be adjudged by a court of competentjurisdi.ction invalid, s uch judgment shall not affect unpair or invalidate the remainder of this Ordinance or its application to other persons or circumsta n ces . Section 6 Incgnsjstent Ordjnances All other Ordi nance or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are h e r eby repealed to the extent of such inco n sistency or conflict. Sectjon 7 Effect pf repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance s hall n ot r ele ase . extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which s hall h ave been incurred under such provision, a nd ea ch provisio n hall be treated and held a s still r e maining in force for the purposes of sustaining any and a ll pr ope r actions , suits, proce edings, and prosecutions for the enforceme nt of the pena lty, forfe iture, or liability , as well a s for the purpose of s u st ai ning any judgment, decree, or order which ca n or may be re ndered, entere d , or made in such actio ns, s uits, proc eedings, or p r ose c utions . Sectjgn 8. fl:na.ltx . The Pena lty Provision ofE.M .C. Section 1·4·1 s hall apply to each and every vi olation of this Ordinance. Introduced, rea d in full , and passed on first reading on the 15th day of May, 2000 . 6 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 by title and passed on final reading on the 26th day of June, 2000. .. Published by title as Ordinance No .~ Series of 2000, on the 30th day of June, 2000. Thomas J . Burns. Mayor A'ITEST: Loucrishia A. Ellis, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on fmal reading and published by title as Ordinance No . ~ Series of 2000. Loucnshia A. Ellia 7 ' . • 0 I • C, 32 • • • • - AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , JUNE 26 , 2000 7 :30 P.M. Englewood Civic Center 1000 Englewood Parkway Englewood , CO 80110 1. Call to order. 1 : 3 ~ 2. 3. lnvocati~n . ~,, Pledge of Allegiance . ~ <R~t ,~. tJ.-U ;i:c t:J..u ~~()le f.:t;;_., IP/o 4 . RollCall. ~-~. ~-/h~~ 5 . Minutes . U ~ A --r "\ . I.~ a . Minutes from the Regular City Council meet ing of June 5, 2000 . t/ ;z ~~) o· ~· G 6 . Scheduled Visitors . (Please lim it your presentat ion to ten minutes~ ~~ 0~~~ .. d -~~~ ~~--r-. 7~nod,edtV::;1!:'~'Y 0 "'~ 10 ~-.3 s-'~ 8 ;~12.n,, P,oci,m,~tntmemld)(O~~) ~ P,bttc Hearing. ~ 'Q,f (: 1 _ ~ a. Publ ic Hearing to gather input on Council Bill No . 33 , approving the Hawthorn \V Su ites Planned Unit Development. .AJ n. AJ.i ~ 1:;·Jl ~~ -, ~D '"13.(,. ~ _ ?,»,-~ M / 7 fE ~ • Pl ... • note: If you have a dlsablllty and need auxlllary aids or servlcn, pleue notify the City of Englewood (303-782-2405) at least 48 hours In advance of when servlcn are needed. Thank you . • I· 0 • j --. • • • .. Englewood City Council Agenda June 26, 2000 Page 2 10 . Consent Agenda. a. Approval of Ordinances on First Reading . i. COUNCIL BILL NO . 51 -Recommendation from the Department of Administrative Services to adopt a bill for an ordinance increasing City of Englewood Non-Emergency Retirement Plan retirees benefits by three percent (3%). STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. ii. COUNCIL BILL NO . 53 -Recommendation from the Community Development Department to adopt a bill for an ordinance authorizing an Intergovernmental Subgrantee Agreement for the 2000 Arapahoe County Community Development Block Grant Program . STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. iii. COUNCIL BILL NO. 54 -Recommendation from the City Manager to adopt a bill for an ordinance amending Title 1 of the Englewood Municipal Code pertaining to departmental organization . STAFF SOURCE: Gary Sears, City Manager. b. Approval of Ordinances on Second Reading . i. Council Bill No . 49 , authorizing an Intergovernmental Agreement with the 18'" Judicial District for participation in the Juvenile Assessment Center. ii. Council Bill No . 50, amending sections of Title 5 of the Englewood Municipal Code pertaining to miscellaneous license provisions . iii. Council Bill No . 52 , approving an Intergovernmental Agreement known as the "Mile High Compact· acknowledging Metro Vision 2020 as a framework for the development of current comprehensive plans . c. Resolutions and Motions . i. ii. iii. , Recommendation from the Human Resources Department to adopt a •· resolution approving the Wage/Benefit Reopener of the Collective Bargaining Agreement with tlie Englewood Employees Association for 2001 . STAFF SOURCE: Sue Eaton, Director of Human Resources . Recommendation from the Human Resources Department to adopt a resolution approving the Wage/Benefit Reopener of the Collective Bargaining Agreement with the Englewood Firefighters Association for 2001 . STAFF SOURCE: Sue Eaton, Director of Human Resources. Recommendation from the Department of Community Development to adopt a resolution supporting the Englewood Environmental Foundation's selection of Concrete Works of Colorado for the construction Englewood Parkway . STAFF SOURCE: Bob Simpson, Board Director, Englewood Environmental Foundation. Plene note: If you have a disability and need auxiliary aids or servlcn, plene notify the City of Englewood (303-782-2405) at leat 48 hours In advance of when servlcn are needed. Thank you • • • 0 I • 0 - • • I • •,, • • - e:.nglewood City Council Agenda June 21, 2000 Page3 iv . Recommendation from the Department of Community Development to approve , by motion. a professional service contract with Clarion Associates , LLC for Phase I of the Unified Development Code in the amount of $35 ,000 . STAFF SOURCE: Tricia Langon, Planner. 11 . Regular Agenda. a. Approval of Ordinances on First Reading . b . Approval of Ordinances on Second Reading . ~-tc ~II No . 39 , amending the Englewood Municipal Code pertaining to (S)-0 Sidewalk Sales . ouncil Bill No . 44 , authorizing a Rights-of-Way Use Agreement with etncom, Inc . -0 ~~I~ (9~.ii. ouncil Bill No . 47 , approving an amendment to the City 's Basic Local ,A.. Ex~nge Services Business and Occupation Tax ..5,I~ c . Resolutions and Motions. \r--- 12. General Discussion . ~ a. Mayor's Choice . /' lo b. Council Members' Choice . () 11«,k,, 3 ft ~ I~ i.. ~ c--~ 7· / . ~"Jf.2,,D,0-00 ~-0 ~~ . ~11 ~-0 13 . City Manager's Report . a . CityCenter Englewood Update . 14 . City Attorney's Report . Adjournment. q ·. { D The following minutes were transmitted to City Council between June 1 and June 22 , 2000 : Englewood Cultural Arts Commission meeting of May 3, 2000 Keep Englewood Beautiful meeting of May 9, 2000 Englewood Parks and Recreation Commission meeting of May 11, 2000 Englewood Code Enforcement Advisory Committee meeting of May 17, 2000 p ..... note: If you have a dlublllty and need awdllaay aids or MrVicea, please notify the City of Englewood (303-712-2405) at lent 48 hours In advance of when MrVicea a ... needed. Thank you • -. • ., . . ... 0 I . 0 • • 2 . 3 . 4 . 7 . I , .. --. • • - AGENDA FOR THE SPECIAL MEETING OF NDAY , JUNE 26 , 2000 7 :30 P .M . nglewood C ivic Center 1000 Englewood Parkway Englewood . CO 801 10 . '1·/;r;~ Invocation . /7~ Pledge of Allegiance . ~ Roll Call [/~/ /w.uJ(_¥ J Minutes . Pl .... note: If you have • dlublllty and need • xlllary aids or services, pl•••• notify the City of Englewood (303-782-2405) at least 41 hours In advance of when urvlcea are needed. Thank you. -. • ) I • 0 • • '- p ,.,-. • • -.. Englewood City Council Agenda ''"'"·~' ~~)) ,_, 10 :o•••:::::::2:~Readmg ~~ i. COUNCIL BILL NO . 51 -Recommendation from the Department of Administrative Services to adopt a bill for an ordinance increasing C ity of Englewood Non-Emergency Retirement Plan retirees benefits by three percent (3%). STAFF SOURCE: Frank Gryglewicz, Director of "Administrative Services. ii. COUNCIL BILL NO . 53 -Recommendat ion from the Community Development Department to adopt a bill for an ord inance authoriz ing an Intergovernmental Subgrantee Agreement fo r the 2000 Arapahoe County Community Development Block Grant Program . STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. iii. COUNCIL BILL NO. 54 -Recommendat ion fr om th e City Manager t o adopt a bill for an ordinance amend ing Title 1 of the Englewood Mun icipal Code pertaining to departmental organ ization . STAFF SOURCE: Gary Sears, City Manager. b . Approval of Ordinances on Second Read ing . i. ii. iii. Council Bill No . 49, authorizing an Intergovernmental Agreement with the 18'" Judicial District for participation in the Juven ile Assessment Center. Council Bill No . 50 , amending sections of Title 5 of the Englewood Municipal Code pertaining to miscellaneous license prov isions . Council Bill No . 52 , approving an Intergovernmental Agreement known as the "Mile High Compact" acknowledging Metro Vision 2020 as a framework for the development of current comprehens ive plans . c. Resolutions and Motions . ~~/ i. Recommendation from the Human Resources Department to adopt a resolution approving the Wage/Benefit Reopener of the Collective Barga ining Agreement w ith the Englewood Employees Association for 2001 . STAFF SOURCE : Sue Eaton, Director of Human Resources. ,1J LS)-ii. Recommendation from the Human Resources Department to adopt a resolution approving the Wage/Benefit Reopener of the Collective Bargaining Agreement with the Englewood Firefighters Associat ion for 2001 . STAFF SOURCE : Sue Eaton , Director of Human Resources. ~22 iii. Recommendation from the Department of Community Development to adopt a resolution supporting the Englewood Env ironmental Foundation 's selection of Concrete Works of Colorado for the construction Englewood Parkway. STAFF SOURCE: Bob Simpson, Board Director, Englewood Environmental Foundation. PIHae note: If you have a disability and need auxiliary aids or services, plHae notify the City of Englewood (303-762-2405) at lent 48 hours in advance of when servlcn are needed. Thank you . • • I • - • ,,,-·· • •,. • - f:nglewood City Council Agenda June 26, 2000 Page3 iv. Recommendation from the Department of Community Development to approve , by motion , a profess ional service contract with Clarion Associates , LLC for Phase I of the Unified Development Code in the amount of $35 ,000 . STAFF SOURCE : Tricia Langon , Planner. 11 . Regular Agenda . c . Resolutions and Motions . g"" 12 . General Discussion . a . Mayor's Choice . b . Council Members ' Choice . 13. City Manager's Report. a . CityCenter Englewood Update . 14 . City Attorney's Report . Adjournment. // •/0 ~ The following minutes were transmitted to City Council between June 1 and June 22 , 2000 : Englewood Cultural Arts Commission meeting of May 3, 2000 Keep Englewood Beautiful meeting of May 9 , 2000 Englewood Parks and Recreation Commission meeting of May 11 , 2000 Englewood Code Enforcement Advisory Committee meeting of May 17 , 2000 Pie ... note: If you have a dlublllty and need auxlllary aids or aervlcn, pie ... notify the City of Englewood (303-782-2405) at least 41 hours In advance of when Hrvlcn are needed. Thank you • • ., I • 0 • • . .. ,, ,.-. • • - AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 26, 2000 1. Call to order. ?i3 5 ~ 2. Invocation . A}~ 7:30 P.M . Englewood Civic Center 1000 Englewood Parkway Englewood , CO 80110 3 . Pledge of Allegiance . ./3t.Uv>iQ 4 . RollCa11 ... f;:,~-~~ {}10 ft.~l. ~,>J~~ ~~-5. Minutes . ~ a . Minutes from the Regular City Council meeting of June 5, 2000 . 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) ¢' ~i, iic~ed)}~i~i~ li'23~u~~!~1e,.wutes.)_ ,. 1111 -~,i ... &u.c.~ 4', · ifi~~ -~a.u,f?J~r~-;~-'7!~ 8 . ommunications , Proclamations, and Appointments . 9 . Public Hearing . a. Public Hearing to gather input on Council Bill No. 33, approving the Hawthorn D _ . J. fJ _., 7 Suites Planfed Unit Development. J) , / ~ _ Jl1.)n (.I! ~ (p ~ "1).fPIY ;(}d~'t' ' :::L ~ -q.,,:,,.,;..__qoo -~ /1.57 ~'g~/6-.."" MfJ/µkJ Jlo~O (b /'f~ M--~ ,110 -f)JX> a-~~ ~e-0 Pl .... note: If you have a dlaablllty and nNd auxiliary alda or Ml'Ylcn, pleue notify the City of Englewood (303-782-2409) at INat 41 hours In advance of when NrVlc:N .,. needed. Thank you . • • 4 ) I· 0 • • .,-. • ) ,,, • - Englewood City Council Agenda June 26, 2000 Page 2 10. Consent Agenda . a. Approval of Ordinances on First Reading . i. ii. COUNCIL BILL NO . 51 -Recommendation from the Department of Administrative Services to adopt a bill for an ordinance increasing City of Englewood Non-Emergency Retirement Plan retirees benefits by three percent (3%). STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. · COUNCIL BILL NO. 53 -Recommendation from the Community Development Department to adopt a bill for an ordinance authorizing an Intergovernmental Subgrantee Agreement for the 2000 Arapahoe County Community Development Block Grant Program . STAFF SOURCE: Janet Grimmett, Housing Finance Specialist. iii. COUNCIL BILL NO . 54 -Recommendation from the City Manager to adopt a bill for an ordinance amending Title 1 of the Englewood Municipal Code pertaining to departmental organization . STAFF SOURCE: Gary Sears, City Manager. b . Approval of Ordinances on Second Reading . Lf d iii. Council Bill No . 49 , authorizing an Intergovernmental Agreement with the 18'" Judicial Distrd for p3rticii:;:aitior. in !he J: .. r.cr.ile ,\;;:.c-,:s(r,1:mt Canter. Council Bill No . 50 , amending sections of Title 5 of the Englewood Municipal Code pertaining to miscellaneous license provisions. Council Bill No . 52 , approving an Intergovernmental Agreement known as the "Mile High Compact" acknowledging Metro Vision 2020 as a framework for the development of current comprehensive plans . c . Resolutions and Motions . i. ii. iii. Recommendation from the Human Resources Department to adopt a resolution approving the Wage/Benefit Reopener of the Collective Bargaining Agreement with the Englewood Employees Association for 2001 . STAFF SOURCE: Sue Eaton, Director of Human Resources. Recommendation from the Human Resources Department to adopt a resolution approving the Wage/Benefit Reopener of the Collective Bargaining Agreement with the Englewood Firefighters Association for 2001 . STAFF SOURCE: Sue Eaton, Director of Human Resources. Recommendation from the Department of Community Development to adopt a resolution supporting the Englewood Environmental Foundation's selection of Concrete Works of Colorado for the construction Englewood Parkway . STAFF SOURCE: Bob Simpson, Board Director, Englewood Environmental Foundation. Pleue note: If you have a dlublllty and need auxillary aids or services, please notify the City of Englewood (303-782-2405) at leut 41 hours In advance of when services are needed. Thank you • • • I • 0 • • • /" • l • .. • -.. Englewood City Council Agenda June 26, 2000 Pagel 11 . iv . Recommendation from the Department of Community Development to approve , by motion , a professional service contract with Clarion Associates . LLC for Phase I of the Unified Development Code in the amount of $35 ,000 . STAFF SOURCE: Tricia Langon, Planner. Regular Agenda . a. Approval of Ordinances on First Reading. P Approval of Ordinances on Second Reading . i.,Jil· Counc il Bill No . 3~amending the ~ng~~od_Mu_nicipal Code pertaining to ,,n_, _ _,idewalk Sales . f.JiU,IJJ...,, d¢.:J'f ~ - ii. ,J.t Council Bill No . ~1 authorizinQ a,Bigt,ts-of-Way Use Agreement with Metricom , Inc. :}{)~ ~ 12 . General Discussion . a. Mayor's Choice . - b . Council Members' Choice . 13. City Manager's Report . a. CityCenter Englewood Update . 14 . City Attorney 's Report . Adjournment. The following minutes were transmitted to City Council between June 1 and June 22 , 2000 : Englewood Cultural Arts Commission meeting of May 3. 2000 Keep Englewood Beautiful meeting of May 9, 2000 Englewood Parks and Recreation Commission meeting of May 11 , 2000 Englewood Code Enforcement Advisory Committee meeting of May 17, 2000 P ..... noc.: If you have a dlubllity and need auxiliary aids or Hrvicn, please notify the City of Engl-ood (303-712-2405) at INat 41 hours In advance of when nrvicH 11'9 needed. Thank you. -. , . .. .. • I I· 0 • I I I I I l I I [ I I I I I I I I • 1 2 3 4 5 6 7 COUNCIL MEMBERS: 8 9 10 11 12 CITY CLERK: 13 14 15 16 17 18 19 20 21 22 23 24 25 • ,,-·· • l" • ... .. • -' CERTIFIED COPY SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 26, 2000 7:30 P.M. Tom Burns -Mayor Ann Nabholz -Member Douglas Garrett -Member Beverly J. Bradshaw -Mayor Pro Tern Gary Sears -City Manager Daniel L. Brotzman -City Attorney Olga Wolosyn -Member Michael Yurchick -Member Julie Grazulis -Member Loucrishia A. Ellis ~ IS,_,_, 'le. 1 I i Ii Ii I I , ; ! Ii Ii Ii 33311/ut~""-· s.,ta60I. ~-~ IOIIO (9()3} 1u-1rsr 'JAX (9()3} 111-1144 . ,. ' . I • 0 --------·----------------------~--~------ ., • • • I - I 2 I 1 p R O C E E D I N G S II I 2 MAYOR : We'll call the meeting to order. J; 3 First, we'll have the invocation. I 4 INVOCATION 1! I 5 MAYOR: Next, we'll have the Pledge of 6 Allegiance. Please rise. I 7 PLEDGE OF ALLEGIANCE 8 MAYOR: Can we have the roll call, please . I Ii 9 MS. ELLIS : Ms. Nabholz? I 10 MS. NABHOLZ: Here . 11 MS. ELLIS: Mr. Garrett? I I : 12 MR . GARRETT: Here . ) 13 MS. ELLIS: Ms. Bradshaw? I 14 MS. BRADSHAW: Here. I 15 MS. ELLIS: Mr. Sears? 16 MS . BRADSHAW: Here . ll I 17 MS. ELLIS: Mr. Burns? I 18 THE MAYOR: Here. Ii --19 MS. ELLIS: Mr. Brotzman? ,, • I 20 MR. BROTZMAN: Here . 21 MS. ELLIS: Ms. Wolosyn? 22 MS. WOLOSYN: Here. 23 MS. ELLIS: Mr. Yurchick? I: • I 24 MR. YURCHICK : Here. • 0 25 MS. ELLIS: Ms . Grazulis? ~~1s ....... 1 •. I 9991tlut~,t-. S-,.60I. ~. ~ IOIIO (909} 711-1151 '7..4'% (909} 711-1144 I I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 12 13 14 15 16 17 18 19 • 20 21 22 23 • 24 25 • .. • - (No response.) All present except one council member, Ms. Grazulis. MAYOR: We have quorum. And before we start, I would like to welcome you all to the first meeting of the city council in these chambers. And I would like to thank Gary Sears, the city manager, and all the people who worked so hard for the city to complete the move. I know there is a little unpacking to be done yet, but we have had some very good responses from our city staff and the public. We hope that you can all hear with this sound system. There will be a lot of adjusting as we use this room, but it is a great pleasure and a thrill to be here after many years of hard work. And we thank all the department heads that worked so hard on this move. It went very well, and if I'm correct, it was ahead of time by the time it was completed. And we welcome you all. Thank you . Anyone else wish to say anything on the counsel? (No verbal response.) The next on our agenda are our minutes from the regular city council meeting of June the 5th. Is there a motion? MR. YURCHICK: I move we accept the minutes ~-~1s ....... 1 •. 3 : ,I 11 Ii 11 I: 1, 3337/INt~"'-· s-,6()1. ~. e,,-. 10,10 <30311n-1rs1 ~.,n <3fJ3J 1n-1144 ., ) I • 0 l r 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 • -• ... • • from the meeting on June 5th. MS. WOLOSYN: I second. MAYOR: Please vote. .. ' MS. ELLIS: All votes have been cast. Let the record show four ayes and two abstentions, with the abstentions being Councilman Garrett and Nabholz. MAYOR: The minutes are adopted. The second issue on the agenda is that of scheduled visitors, and we have no scheduled visitors tonight. But we do have some folks here signed up under unscheduled visitors, which is the next category . Please limits your presentation to five minutes. And the first speaker is Chr i s Olson, who is here to speak about the July 4th fireworks enforcement. And I remind everyone t o state their name and address. MR. OLSON: Chris Olson, Director of City Services. The reason I signed up is I wanted to be the first person to actually be up at the podium, plus my fellow directors have taken up all the other seats over there. I just wanted to talk about the July 4th fireworks enforcements. You have probably read in the paper and have seen on TV and a variety of sources that we will once again participate in the very active enforcement on fireworks this 4th of July. Actually, we have started it already and will be more heavily into it this Friday as we 4 I, ; Ii ' I ' '! I i ' I! I II ~~ 's---. 'I.e . 3331tiNt~.,,,_. s .. 6()1. ~-~ ro,,o <30311rr-1rsr -;,n <30311rr-1144 ~ . ., • ' ., .. . ' ) I • 0 r fl 11 II ii 11 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 • l ... • - figure the whole weekend is probably going to be filled with this . But I am a very active member of the metro Fireworks Education Coalition Committee, and our goal is to make sure that people in this metropolitan area understand --if not the state --that in most areas fireworks are illegal in the State of Colorado; even though you can buy fireworks in the State of Colorado, use, for the most part, is prohibited. .. In Englewood, everything is prohibited, even sparklers. So if you have friends or neighbors that are using these, please inform them that we will be out enforcing that and issuing citations. We will be having a special team once again of a firefighter and a police officer out in a special unit, and will be going out directly to those locations. The fire division, as well, will be going on out and will be confiscating and asking for citations to be issued. So those will be presented generally through municipal court, depending on the nature of the charge. If it is some sort of an arson charge, it could go to county or district court as well. So we will be on out there. And I guess I'm preparing you for the fact that you may be getting some complaints. As you know, a lot of people spend a lot of money on these fireworks. As I said, we will ~~IS---. 'I.e . 5 1: ,, : i I! 333"111ut~"'-· S111116fJI. e.,,--. ~ ro,,o <303J 1"-1nr -;..n <303J 1"-1r44 ) .. . I .. • 0 -- I t 1· 1 2 3 4 -· • • • .. •, be confiscating and issuing citations, so there probably will be unhappy folks out there. The whole point is that it is an education-type process, and we hope that over the years it will encourage citizens to adhere to the l aws, as 5 well as hopefully put some bug at the state legislature t o 6 get some active work done on making sure that sales a n d 7 use are taken care of on a statewide bas i s. Thank you 8 very much --unless you have some quest ions on the 9 process. Thank you. 10 11 12 13 14 MAYOR: Thank you, Chr is. The next participant is Don Leadabrand. State your name and addre ss, please. MR. LEADABRAND: Do n Leadabrand, 3 281 South Galapago. First, I would like to thank two of the council .. 6 II Ii I : II 15 members. I called Saturday afternoon Ms. Bradshaw and Ms . I I • I I • I I I I 16 17 18 19 20 21 22 23 24 25 Nabholz. The wind had come up Saturday afternoon, about a 30-to 40-mile an hour wind. The entire area moved over into my area. The dust and dirt was such that we couldn't sit outside for about three hours . They did start the water truck this morning. Is there anyone that we could contac t on the weekend to get something done about that? It was --the council members tried their best to get something done, but they couldn't get ahold of anybody, I know, not until Monday --or nothing could be done until this morning, which was a little bit late. Is there ..._ ________________ ====-----------========--''! ~~.,.,.,. , S,,,,,,-. "·· 9n ..... ~ ~-$,,1111 f()I , 6 ,, ,. ~ IDIIO (SOS} 1ff-trsr ~Al' (SOS} 1ff-11"4 ., . ' ) I • 0 • • I I 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 • • -' anyone we could con act? MR. SEARS : Rick Harne, our project manager is back here, and we can try and get you a name or --of the person with Saunders Con structio n Company. Saunders is responsible for the entire site, along with Trammell Crow with their contractors, and we can try and give you a call later tomorrow sometime with the name of a contractor. I don't know. Rick, is there a person that you have for the weekend dut y that perhaps we could, you know, have this person in contact on the site? RICK: There is, Gary. I don't have that informati o n with me at the moment. However, if they were to call Safety Services, the emergency call number for the contractor for Saunders is over there. MAYOR: Perhaps this gentleman could have a name for s ome one to call. RICK: But there is a way of contacting those folks on the weekend. MS. BRADSHAW: If they call Safety Services, what number do they call? How do they get ahold of Safety Services on the weekend? RICK: They call 86 --761-7490 and then ask for Saunders Construction. MR. LEADABRAND: Thank you. I know that the :t'~ I$,.,,._. 'le . 7 ; ,I Ii Ii Ii ' 333-.e~ "-· s-,. 6fJI. e,,,,--t. ~ IOIIO (30SJ Tff-1151 ?A'X (3031 111-1144 ) r I I I! ll I • 0 I I I I I I I t I l • • l 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 ,. • • -.. people working there do not live in this area, so they don't kno w what is going on. I realize this is difficu l t . Now, I attended the neighborhood meeting of June 1 5 th at the Bishop School, and there was quite a discussion on the wall. I would entertain to go by the agenda if there i s a report from that meeting that is scheduled at a later time tonight, but I do have questions, like if there was any outcome of the meet i ng. MS. BRADSHAW: Like what? MR. LEADABRAND: Change of the wa ll ; br i ng i ng in the wall closer on Galapago Street . I t is still about a 60-foot span, and a discussion o n the he i ght MAYOR: We just had a discussion of that in a study session before this meeting. It came up, and we discussed --council concession was it seemed to take a gradual approach on that. I think on the west side -- MS. BRADSHAW: The west side would be increased two feet. MAYOR: Two feet, and then look t o what -- MS. BRADSHAW: Because in a couple of weeks we'll be testing this to see how that goes, and loo k i ng at the gates we're talking about as well, to try to work with the neighborhood to have the best effect we can from increasing the height of the wall and also the gates. The idea seems to be not to put everything in at once, but to :t~ & S,_._, '7«. 8 ,, I, I' 33311/ut~...-,.,,,_. S.ae 60I . ~. ~ IOIIO (303J 111-1151 ,7,.fX (303J 111-1144 ., I • 0 - • 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 _.,-. • • • .. see how it works by increasing the --on the wall on the west side, and moving toward the east, as it seems necessary, in order to get the best result. But the whol e idea is to work with the neighborhoods in order t o have the best result we can; be capable and ready to have the best results we can. MR. LEADABRAND: I don't know if I have any time left on my five minutes, but I would like t o say tha t there is a gentleman that came in that was n o t ab l e t o sign the schedule, and I was wondering i f it wo uld be a ll right if he shared some of my time. MAYOR: Sure. Come on up , sir . MR. LEADABRAND: Thank you very much. MAYOR: State your full name and address f o r the reco rd . MR. MULLINEX: My name is Bill Mullinex, and I own the pro perty at 3280 South Galapago. MAYOR: Welcome. MR. MULLINEX: Thank you. I just have a c o up l e statements here. I wou l d again like to request that the wall on Floyd Avenue be closed . And at the neighborhood meeting at Bishop Elementary School that we attended, the fire chief said he had no problems with putting in wooden 24 gates at all of the openings, as long as they were bolted. 25 And I would like to suggest that --the opening at ~,s ...... 1 •. 9 ' ' ' I ! I ' 1, 999'11Aut~""-e. S..60I. e.,,--. e,,-. totlO (90.JJ m-tlSI 7..t'X l903J 111-1144 ., . ( ) I • 0 I J • 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 ~ ,,-. • T • •,, •;,: ' • -.. Galapago is 80 foot, and I would like to request that be brought down to 35 feet, and that at the 35-foot opening, put in wooden gates that would be stained or painted to blend in with the brick. .. An 80-foot opening on a sound barrier wall just does not seem logical to try to hold pollution and dust and noise out of the neighborhoods. And again, I would just like to see if they could --instead of taking a wait-and-see attitude about how the 400 buses are going to affect our corners, if we could get the gates taken care of as soo n as possible. MAYOR: Was the 80-foot wall discussed at the meeting? MS. NABHOLZ: Uh-huh. MAYOR: What was the consensus? MS. NABHOLZ: I had to leave. MR. YURCHICK: Yeah, they discussed it. It was brought up --the concern was having a wide enough opening to get the emergency equipment through, and I don't remember what the outcome was. MS. BRADSHAW: In the study session said that they would access this via Eastman. MR. MULLINEX: They are widening Floyd on the north side; that whole street there, also, to make access for the fire trucks; that was my understanding. ~~ 's,_._. 'le . 10 I: : ! I ,, 3991tlut~"4-. $416 60I. E 1tr t . ~ IOIIO <9031111-IISI :;,n (3031111-1144 • l i ... ) . I • 0 • • I I I I I I • ; ... • -' 1 MS. BRADSHAW: They decided that they could 2 access that neighborhood on Eastman without adding any 3 widening to Floyd? 4 MR. MULLINEX: They're not going to widen Floyd 5 anymore . 6 MAYOR: We were just told a few minutes ago 7 that they determined they could go down Eastman without 8 going down Floyd. 9 10 11 MR. MULLINEX: That is what I thought. But I first thought -- MS. BRADSHAW : So your concern is the entrance 12 of Galapago is 80 feet, and put that down to 35? 13 MR. MULLINEX: I think 35 would be fine, 14 because the fire trucks at Floyd Avenue --the other one 15 was widened to 22 feet, and I believe he said that would 16 be sufficient for the fire trucks. 17 MS. BRADSHAW: And now, have you talked to 18 other neighbors on your block? 19 MR. MULLINEX : Well, Don lives right across the 2 O street. And like I say -- 21 MS . BRADSHAW: See, our concern is there were 22 people who were in early on in the process when we started 23 talking about this, about how were going to treat Floyd, 24 and the fact that we were going to put a sound wall up. 25 And there was people early on in the process who said that ~, s,_,,_. 1 •. 11 ' I i J: 1, : I, 33371/ut~"--S-,.6CI. ~-e.,-. IOIIO (30311"-1151 ?...t'X (303J 711-111/4 .,_ .. ) I I • 0 I J .... • • 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 • _. • I • .. .. ., • • ... was just fine . And until the 11th hour when you were at our last meeting, and so was Mr. Leadabrand, that was the only objections we had heard to that point on the wall. And the planning process has been going on for five years, two for sure, on that neighborhood. So that is --we're trying not to negate what was already agreed to with the rest of the neighborhoods, and that is why we were going to proceed at a slower pace. So that is explaining our point of view. our position on that fairly? Did I explain MS. NABHOLZ: But it is a l s o --we are n o t going to quit listening to that neighborhood. MS. BRADSHAW: Absolutely not. MS. MULLINEX: I'm Ann Mullinex. This is my husband here. I have talked to several of our neighbors, and I have talked to Gretchen Hattendorn on 3290 South Galapago. She is so upset she is ready to try to sell her house. She totally agrees. She wants it closed. I have talked to Lee and Sherry Barton at 3270 South Galapago. They're older people. They are too upset about this to even show up. They also would like to have it closed. The only neighbor that I talked to that wouldn't completely commit and wanted to think it over is a person that takes the bus and would like an opening. MS. BRADSHAW: And access to the park? ~~ & S,,_,_, 'l«. 12 I! I: ! ' i I I: II I' Ii 333"111Nt~"-. $116 6()1, E-,1-,(. e,.,-.10110 (903) 1rt-ll51 "J,l'X (303J111-ll44 ' . .. . , . ) I • 0 ..... ' 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 ,,-·· • .. • -.. -. MS. MULLINEX: At least at Elati. And I think that access to RTD. And every other neighbor is in favor of closing it. We're concerned about parking problems, people walking up and down from the apartment to the park , and we believe that access should be along Inca. Thank you. MS. BRADSHAW: So they could access the park only on Inca? MS. MULLINEX: Yes, instead of people walking through Inca. We're already having problems with even the workers, noise, and pollution. MS. BRADSHAW: Call Saunders and tell them. MAYOR: That is easy to say. It is kind of tough to know where to call. MS. MULLINEX: We have been experiencing this problem all year, all the neighbors have, especially on Galapago Street. And we're trying to get across to you that in our opinion we can keep our neighborhood and sti ll have the shopp i ng center separate. MS . BRADSHAW: So you want separate gates, narrow the MS. MULLINEX: Yes, and closed . But not just ugly wooden gates, something that would look nice; not ugly, brown wood gates, but painted , stained, designed gates that would go with the design of the wall. ~ ...... 'S,.,,,.... "·· 13 .! ; : "911!Mt~""-'· s,.6fJI. ~-~ 10t10 <!1()91 m-1ts1 ~..n <!1()91 m-,tl/4 ,. ., ) l I • 0 I I I I 1 I I I I I I I ~ I • I • I I I I I 1 2 3 4 ,, • I • .. • -' MS. BRADSHAW: Yes, we have heard that . I heard that. MAYOR: And I think this is consistent wi t h t he --for the last several years, that this neighborhoo d sa i d 5 they wanted to be buffered from the effects of this 6 development, and it is consistent with our promise to them 7 that that would happen . So I think we should continue t o 8 work very closely on this. Thank you all for coming. 9 We have one more person signed to speak as an 10 11 unscheduled visitor, Steve Shock. (phonetic } MR. SHOCK: Hello. I'm Steve. I have the 12 business at 3263 South Broadway in Englewood. I just 13 wanted to bring to you some numbers from our last year 14 with the three percent sales tax I pay. I am much 15 different than a movie theater in that a gross that comes 16 17 into a theater, part of that is taken to pay for that movie. I sometimes have a $10,000 act, and I bring in 18 $8,000. I have already lost $2,000, plus the three 19 percent. So I have some numbers to bring to you. There 20 21 22 23 24 25 was $423,000 roughly last year . I brought in $270,0 0 0; the City made 8,000 and I lost 1512. I would like the City to work with me for a little bit on this partnership we have all talked about for so long. I'm bringing culture to Denver --or Englewood. I'm in support of a new dance theater, but I ~""'°' IS,.,,._, '7«. 14 I ' ' i ,, BS'lltw~"--· S-,.6QI. e.,,-.c. ~ toll() (!J()SJ 1ff-11St -;,n (509J Tff-1144 . ) I • 0 - • I I I 1· 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 .,,-. • I• ·.•·' . .. • - want to stay in business too. MAYOR: I'm not sure we can make up that kind of gap . MR . SHOCK: I'm just looking to not have that 3 percent sales tax. I'm competing against theaters in bot h those areas, Boulder and Denver, and neither of them pay tax on ticket sales. The bands pay theirs on a 1099. Maybe you can tell me, where does my money you can te ll me where the three percent goes here i n Eng l ewood versus Boulder and Denver where they get nothing. Where did my $8,000 go l ast year? MR. SEARS : To the police and fire serv ice administratives. MR . SHOCK: I pay tax on those too. MR. SEARS: It is an admissions tax, so it is just like a movie. I mean, you go in --anybody that comes in it is actually taxes you collect, which you get a percentage for collecting that back. But it i s just like any other business that that happens, but it goes to the genera l fund . MR . SHOCK: Is --live entertainment is a difficult business, and they are paying taxes and I don't say that it is real just in this three percent , especially when my numbers were so --if I had a profit that I was paying tax on, then maybe. There is not a tax on the ~IS,.,,,._. 'le. 15 9!19'111wt~"--s.. 6fJI. e.,,--. e.,-. ro,10 <90911n-11s1 :;:r,n <90911n-11tl4 '· . .. .. • f ) ' : I I • 0 I, 3 xi • I I 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 -. ; . .. -· • • - profits, it is a tax on the gross. I will g ive you a tax on the profit . MAYOR : I'm sure you woul d . MS. BRADSHAW: We 'l l take this under advisement. MR. SHOCK: I have the paper that you can all have so you can take a look at those numbers. MAYOR: We wou l d be happy to accept whatever you have with you. Can I ask you someth ing? Can you hear us al l right? MR. SHOCK: I can hear you all right, it is just kind of strange talking here. MAYOR: It just seems to echo a little bit . We'll work on that . MR . SHOCK: Thanks . MAYOR: There is no one else signed to speak as an unscheduled visitor, but we'll keep checking and if there is anyone, they may do so at this time. Not seeing anyone, we'll proceed with the rest of our agenda. We don't have any Communications, Proclamations, and Appointments. We do have a public hearing to gather input on Council Bill Number 33, approving the Hawthorn Suites Planned Unit Development. MS. BRADSHAW: I move we open the public ~~ • S,.._, 'Jae . 16 Ii I! I , I i 333111#1~..t-. s,,a, 60I . e.,,-J. ~ IOIIO (303} 1"-1151 7,n l303J 111-1144 .. ) I • 0 I 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 ~ -· • .. -.. •. ... • -.. hearing to take input on the Hawthorn Suites Planned Unit Development. MS. NABHOLZ: Second. MAYOR: Let's vote. CLERK: Let the record show six ayes. MAYOR: The public hearing is open. MS. LANGON: Good evening. I'm Tricia Langon, Planner with the Department of Community Development . Before you tonight is a continuation on the public hearing of May 15th regarding council bill number 33 for the Hawthorn Suites Hotel Unit development. The purpose of the public hearing is CLERK: Just a minute, she needs to be sworn in. TRICIA LANGON, the witness, having been duly sworn, was examined and testified to tell the truth, the whole truth, and nothing but the truth. MS. LANGON: The purpose of the public hearing ' is to determine the land use decision to consider the rezoning from R3 to PUD for the intent of constructing the 52-room hotel. At that public hearing on May 15th, applicant Michael Plant requested financial incentives to, quote, Make the hotel a reality. He requested a waiver of water ~••Is---,. 'Jc . 17 ' I i ' ,, :: 1, ns111Ml~,,,,,,_. s,,.6()1. E ,, ,. e,,-.,. lrJIIO <!JOSI m-,ar 7.,n <9031111-1144 ' 9 .., .. ..: ~ .. • 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 • l • ,,· • - and sewer assessment fees of 127,000, waiver of use tax on materials for $50,000, abatement of the sales tax over a five-year period with an average of $45,000 per year, and abatement of the lodgers tax, which averaged 22,000 per year. Council directed staff at that time to research approximately 7 key issues related to the incentive request. I would like to first thank all the departments in the City that assisted with the analysis . It has been a complex and difficult issue, and not always quantifiable, but we did it. The applicant's request f or financial incentives does not affect the rezoning of the land, although it does directly impact the project. Applicant's request does, however, impact the City's incentive policies for private development. To that end, City staff recommends that council separate two issues into, one, land use, and two, incentive policy. Staff recommended that you approve the land use and either deny or table the incentive issue during the forum. I will point out that in conversation that I had with Mr. Plant late last week, he indicated to me that he was not interested in PUD approval without the incentive package, the reason being that it would encumber the property if the PUD is approved. What you have approved is what would be allowed on that property. He indicated ~~ & S,___, 'lee . 18 . t • I I !t I: 33371/wt~"-· S-,.6QI. ~. ~ IOII() (3()31111-IISI '.?Al' {3()51111-1144 ' ' ' I : I I ) I ' • 0 - • • I I I I I I I I I I I I I I I I I I I 1 2 3 4 5 6 • •.. .. • - also that the incentive package --his request is kind of a chicken-and-egg situation whereby he needs the assurance of the council for financial incentives before he goes f o r fund ing . Based on the analysis of the issues, s taff feels the hotel funding is not secured at this time, and 7 it appears the applicant plans to use City moneys to 8 leverage the financial package to improve his developer's 9 bottom lines. The City is generally not in the business 10 11 12 13 14 15 to make mo ney, nor is the City in the business to finance private development. So to that end, staff feel s that the financial incentives requested are premature. I would like to review, quickly, the seven key areas that council requested that we review. First off , the legal questions : The abatement of tax is illegal. 16 What is legal is the rebate of tax . All tax must be 17 collected, and any incentive would have to be budgeted as 18 19 20 an expenditure and rebated. The financial impacts --the requested waivers and rebates or abatements wo u l d, o ver the life of the incentives, be approximately $73 0 ,000 co s t 21 to the City. As part of the analysis, we did a 22 cost/benef it analysis where we modeled hotel assumpt ions 23 projected over time and based on typical economic trends . 24 The hotel does provide a value to the greater 25 community. However, it is not necessary --it is not ~~ '5,.,,__, 1«. 19 : I i :: 9S31ttwt~""-. S..60I. ~-e,,-.. IOIIO (9fJ911ff-ll51 '.;7..t'X (9fJ911ff-ll44 'I, . ) : I : : I • 0 x I • • I I 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 • . ~-~. .. • - necessarily that those moneys would be spent here in Englewood, and those are the numbers that are difficult to quantify, the benefits. With those projections, the degree of accuracy also diminishes over time. Council also asked --one of the first questions was about previous incentives. Has anything like this before been offered in the past? The waiver of water and sewer assessment fees has never occurred and that is in the purview of the Water and Sewer Board, and should be referred to them . The sales tax has never been rebated; lodger's tax has never been rebated. We found two instances where use tax was rebated --actually, one package was with the First Data Corporation at 750 Hampden, where they brought 500 jobs to the City in that package. That waiver of the use tax was $26,250; coupled with that was a use tax and landscape provisions for Omni Corporation, the owner of the building, totaled $17,500. Together that package of incentives was $44,000, approximately, to bring 500 jobs to the City. There was also a promissory note reduction of $200,000 to Dillon, which is a parent company of King Soopers, as long as they kept a grocery store at the Trolley Store location. There are also three other PKDs in the City, and none of those have received any incentives. No use tax or building fees were waived on ~ ,s....,_. "•· 20 11 i ' : I I I I ' I 11 II 99311Aut~..t-. 5,,6601. e.,,-... ~ IOII() (303) 711-1151 ~,n (303) 711-1144 • J ) I • 0 1 2 3 4 I 5 6 I 7 8 ' 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 -·· • .. • - this project, the building we're in tonight, or on the Trammel Crow residential development. .. Under the hotel study and comparison, and the question on whether that study has predicted an incentive need, the 1997 report by Clarion predicted increased cost for extended-stay hotel concepts. They felt that the success of the hotel would be based on the commitment from the hospital to close its own lodger facilities and to refer to the new hotel. They also felt that the hotel had to be multi-serviced, and not just have a hospital clientele base. Clarion also reported that the standard hotel is a full-sized hotel with banquet rooms and conference rooms, public rooms of that nature. The standard hotel would require City incentives, and those would unlikely be balanced by significant benefits by the City. With that reasoning, it would be reasonable to assume that incentives for the standard hotel, if the standard --rather, if the incentives for the standard hotel produced little benefit to the City, then the extended stay, because it does not have restaurants or meeting facility rooms, would produce even less benefit to the City. The hospitality/real estate counselor's study done for the client, the Hawthorn Suites client, showed ~~ 's ....... "·· 2 1 I, Ii i i i 1: Ii 9991tlw~"---S..60I. e.,,-.,t. ~ IDIIO l909J 1"-IISI 7,n l903J 1"·1144 • I ) I • c:, 11 11 1 I 2 3 ~I 4 ·1 5 6 ' 7 8 , 9 ' 10 11 I 12 I 13 14 I 15 16 I 17 I 18 19 I 20 21 I 22 I 23 • 24 v I 25 I I • • ), .. . • • .. the feasibility that was entered by a small room count, and the room rate was not high enough to support the development cost and predicted a development gap of $460,000. The studies showed a 63 and 69 percent occupancy rate. One of the questions also concerned the capitalization rate of 10.5 percent. Mr. Yurchick can give a much better complex mathematical on this figure, but very simply it is the net operating figure divided by the capitalization rate . So therefore, as with any figure proportion, I guess the higher the cap rate, the lower the value of the hotel or vice versa. The capitalization rate is the rate of interest considered a reasonable return on the investment, and the applicant is using the rate of 10.5 percent, based on the discounted cash flow or the projected dollars discounted to present-day dollars. The question here was whether that 10.5 percent was an industry standard. And I was able to determine that an actual industry standard figure may not exist because a capitalization rate is market driven. Capitalization rates range from approximately 8 percent on the coast in Manhattan and California, and up to maybe 13 percent in mid-America. The consulting company that we spoke with estimated that the applicant's rate of 10.5 percent ~ ..... , 5,-,_, 'J«. 22 ' ' : ' I ' ' i Ii ~'llwt~l'I-. S..60I. E '" , ,. e,,,-. fOIIO l909J 1rt-lf5f -;,n l909J 1rt-lftltl ' I ) ... , . I ... .. • 0 I I I I I I I I t I I I ~ I • I I • I I I I • 1 2 3 4 5 6 ., 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ -• t .. 1' 1. •, ... • -' for the Denver metro area seemed reasonable financial figures. Mr. Plant distributed a handout that is Exhibit 9 in your packet, and there are a number of figures that we reviewed . In his handout, he stated that fees during construction included the use tax of 50,000. The City's determination was that figure would be closer to $42,0 00 . The handout demonstrated building permit fees of $69,000. The City's estimate of that wo ul d be about $17,0 00. Between those two figures, the appl icant's handout is about double the City's estimate of those figures for the cost during construction. The utility installation cost and assessment fees were reasonable estimates, according to the utility department. We feel these are the costs of doing bus iness in Englewood, and they are less than doing business elsewhere in the metropolitan area. And these costs are also reflective of this particular site. It is a 2 3 i i I I Ii ; ' : I jl contained site, and that affects the cost. ; Also in the handout was an area called yearly taxes before and after construction. The handout demonstrated that current property taxes are about $4,0 00. According to the Arapahoe County Assessor's office, those figures on the property are about $2,2 00. Actual moneys received by the City are about $245. The majority of that ~ ........ 'S,-,... 1 •. SSS11W~ ,.,___ S.... IOI. e.,,-,t. ~ rtJIIO (!J()SJ 111-IISI ?...n (S()9J 111-1144 i I, . " ' I • C, - • • I I I I I I I I I I I I I I I I I I I l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 • ~ .. ... • -' money goes to the school district and to the county. After construction, the hotel --on the handout --is demonstrated to have a property tax of about $60,000. The City estimated that figure to actually be about $65,000. In actuality, the City would receive about $7,000 of property taxes. The sales tax of $45,000 per year and the lodger's tax of approximately $22,000 are yearly averages over a 10-year projection, and they're based on occupancy rates and room rates . And they seem to be reasonable estimates. The revenues would actually be dependent on hotel sales . The effect of the City's efforts on the handout --Mr. Plant indicated that the effect of the City's incentives would reduce the construction cost of the hotel to reasonab l e costs per year, and his intent was to use taxes to generate positive tax flow. From the City staff's po int of view, this financial strategy uses City money to leverage financial funds, sweeten the deal, if you will; improve the bottom line or make the development profitable and again produce a positive cash flow. To summarize the incentives, when incentives are considered on a project, we would like to look at whether a pro j ect has adequate private funding, whether it is financially stable, and whether there is minimal ~IS,.,,._, 'le. 24 I! i ! I I, I • ' ; : 1: I, "91twt-.,,..,,... 1"-. S... 6()1. ~. ~ IOIIO (9031111-1151 7...t'X (9031111-1144 • I ) I • 0 - ~. I I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 13 I 14 I 15 16 I 17 I 18 19 I 20 21 I 22 I 23 • 24 I 25 I I • • _... • . .. _. .. ·, ,{ • -' financial risks relative to public benefit . The quest i on here probably is are the benefits derived by the Hawthorn Suites Limited Hotel balanced by the request . The Hawthorn Suites Li mited Hotel does provide greater commun i ty good, although it is a limited p u b lic service good because it does not offer public areas. I t d o es serve a need currently lacking in the community. It d o es offer approximately 10 jobs, albe i t minimum wage jobs, a nd it does provide some spinoff dollars to the greater economy. Again , this is difficult to quantify as to the number of dollars that the Englewood community would actually gather. Hawthorn Suites does not provide conference rooms for proms or weddings or anything of that nature . I t d o es not provide an opportunity for its surroundings for complimentary development. For the first five years of its existence it does not provide sales tax, and for the first 15 years of its existence it would not provi de lodger's tax. Staff considered it not a ques ti on of the extended stay being the type of hotel needed in t he Ci ty, but rather is the Hawthorn Suites Limited Hotel the type of hotel to which the City wants to provide incentives of $732,000 over the lifetime of the request . Again, t he hote l funding is not secure at this time. I t appears that the applicant intends to use ~IS-.-. 'le. 25 . ' ' ' I ,, I 'I I! 1, 1: I I: ' I I I : I Ii I• 11 999'11wt~ ~-S.. 6f.ll. E ,, ,. e,.,-,,t,. rt7IIO {3()3} '"·IT5r -;,n (309} m-,r44 ,. . • l ) I • C, ~ • • '-.J I I 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 • -· • "'·. ·.•' .. .. • -' City moneys t o l everage the financial package t o impro ve its bottom li ne and produce positive cash flow. And again, because the City is not in the business to finance private development, staff feels that any package offered by the City is premature at this time, and that the development does not warrant an incentive package of th i s scale. Any questions? MS. BRADSHAW : Well done. MAYOR: We really appreciate al l the work tha t has been done on th i s. It has been wi th cons i derable staff invo lvement, both on the business and l egal end . MS. WOLOSYN: I just wondered wh y on the counsel communications after such a strong d i scouragement about v o ting for the incentives was the adv i sement t o g o ahead and vote for the zoning change, because i sn't PUD --each zoning change is particular --for that particular use? MS. LANGON : That's correct. There are two issues here: There is the land use, and that is what the public hear i ng was for; and the other issue was a policy issue. They are independent but greatly tied together. MS . WOLOSYN: So you look at a hotel would be good here so we could do the zoning change, but that zoning change doesn't continue if that deal doesn't go through? ~ IS,_._, 'l11e . 26 1, ' I ' ! ' 1: I I' I, [, I, sss'IIINt~"--s.. 60I . s.,,--. ~ t0110 <303J 1u-1rs1 ~..n <303J m-1144 ., ... . ' ) I • 0 - - • • I I 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 • ... .. • - MS. LANGON: Okay. The PUD is a rezoning, and basically on the PUD what you approve is what is built. There is a provision within the PUD that the current residential properties could remain, but basically it is for the hotel purpose. If the hotel is not built, the ordinance --I think the language in there is no substantial progress within a three-year time, then that means a building permit is pulled, the zoning reverts back to the original zoning. Basically it would go away through a process. If you do approve the PUD but without the package for the incentive, that does encumber the land so that the only thing that can happen on that land is the continuation of the existing residential properties. Does that answer your question? MS. WOLOSYN: Yes, thank you. MR. YURCHICK: The developers say if you don't give him financial incentives, he doesn't want the zoning change? MS . LANGON: That is correct . Again, because i t wou l d encumber the property, i s the way I understand. From our conversation, he was not interested to encumber the property. MAYOR : That was my question. If the applicant doesn't want the zoning without the financial incentive, who are we to impose it on him? ~,~.'l •. 27 : ! I : I i I I I ;I ,, 999 -.~ "'-· s.. 6()1 . ~-e.,-,,. toll() f!J()9J m-,rsr ~,n f!J()9J 1n-11114 .. ..: .. • ) I • 0 - 11 I I I II I I I I I I I ~ I • I !I • I I 1 I • 1 2 3 4 5 6 7 • . •:. ... • -.. .... MS. LANGON: Exactly. I think that is for Mr. Plant to decide whether he poses the application as something that is probable. .. MAYOR: l see that as just not good policy for us to do that. MS. WOLOSYN: For what? MAYOR: Grant the zoning when the applicant 8 himself doesn't even want to do that. 9 Other comments or questi o ns? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 (No verbal response .) MAYOR : Thank you. We have no one signed up to speak regarding the Hawthorn Suites planned development, but if anyone wishes to approach the council to speak, they may do so. Please come forward and state your name. Good evening, Council Members. MICHAEL PLANT, the witness, having been first duly sworn, was examined and tes ti fied on hi s oath as follows: MR. PLANT: Michael D. Plant, Evergreen Colorado. I'm here representing the development team on the prospective project of the Hawthorn Suites Hotel. Tonight we have heard confirmation of what I was asking for last time at that hearing regarding the hotel economic incentives, incentives that I would like to point out that ~~,s,_._. 1«. 28 ' ! I 1: . ' : ' I' 11 3331/IMt~"'--S..60/. ~-~ ro,10 <3fJ3J 1rr-1rsr 7..t'X <3fJ3J 1rr-1r44 • .. I • 0 - • • I I I I I I I I I I I I I I I ' I 1 I l 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ,. -·· • li, ·, • • ... are created through tax revenues pa i d f or by the hotel. These are not revenues generated by any other source. .. We're not looking at property tax. I hav e heard that mentioned several times . We're looking at some sort of a tax payback after we collect the tax, and I believe the term I used last time was incorre ct , and I stand corrected on that. A rebate of the sales tax after they are collected would be absolutely satisfactory. There are a couple of issues that I woul d like to br i ng out, and first of all, I think that wha t we need to address tonight, and the objective of t h i s council meeting, should be to clarify in fact whe ther or not the City could enjoy any benefit out of this hotel, and is it worth the time we spend working out the problem. First of all, I think economic benefits can be very myriad and diverse in a hotel project. I would like to point out right now that you have three major visitor demand generators: Swedish, Porters, Craig Hospital . We have others, but if we have that need for people in the City of Englewood right now, maybe under circumstances that do n ot please them, but nonetheless they're visitors to this city. Right now you have no hospitality. If the City doesn't allow the visitors to the city to stay and to experience the city --well, right now they're going away ~ & S,_._, 'le. 29 1, Ii I, I : I I I ' i I i ,1 1: 999111Mt~""-· S.-6CI. e.,,-,t. e,.,-.ro,,o <!Jf'SJ 1n-1rsr -;,n<!Jf'SJ 1n-1rt1t1 • ' ' ' 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 ,, ,,,-. • .. ... • - from the city, and who knows what other benefits go to those other cities. I have to think back on where I was three nights ago when my brother was having cancer surgery at Porter, and my brother and I went to Fratelli's afterwards. We were here, came to the city and enjoyed the city. If we were from out of town, we might be going to Old Chicago, next to the Hampden Inn perhaps . But there is also a soc i a l benef i t t o the people who visit the city. I think also we have t o kind of look to the citizens of Englewood and rea li ze that the homes that were built after Wor l d War II were h om es that housed smaller families and right n o w don't i ncorporate the idea of guest bedrooms, and there could be situations where the residents of Englewood could provide a level of hospitality to the people that come in to visit, friends or grandkids or children. And right now, there is no hospitality resource in Englewood that could benefit the citizens at l arge in a large part of the community. There can be other solutions to what we're talking abou t. So if we look at that there is no public benefit because we haven't generated the sales taxes, then I would have to think that maybe schools aren't very necessary, or maybe universities aren't very necessary to communities because they don't pay those kind of taxes. Is hospitality also not an important feature of ,:-~ I, s ...... "·· 30 I !J937twt~"---s.. 60I . ~.~toll() <3091111-1,sr ~,.r,r <3031111-1144 ! : ' ' : i ! I i I • ., 0 3 I I 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 . , . .. !'-. • ... • • the community? I think the point is made that there is benefit, and I would like the City to recognize that there is benefit while we look at this. I and the development team of the hotel are not looking for economic enrichment on this project. We are very interested in establishing a method by which if through an audit process we do not need these incentives, we will not take these incentives. are interested in doing that. We With regard to the financing commitment, we have talked and talked to lenders regarding this process. We already know the answer is no. We don't need to make application and find out it is no. We already have that answer from our lenders. So the fact that we have no funding commitment is why I'm in front of you tonight, is because there --we don't know that everyth i ng that I have discussed previously is the right approach to do this. We don't want a PUD on the lands. We don't want to change our land use. Because frankly, it shadows the property 19 for two years, and we don't want that. 20 I would like to suggest the following 21 alternative, that we form some sort of a task force 22 between myself and perhaps the City Att orney 's Office, 23 perhaps Bob Simpson of Community Planning, and perhaps our 24 25 representative councilman and our bank, that we sit down and discuss legal possible ways by which we can either ,:-~ & s,.,,._. 1«. 3 1 Ii ' ' I I: I· 3391twt-.,.,.,,,,..,,,,_, S.-6()(. ~-~ IOIIO (9().JJ lff-1151 7,n (9091 711-1144 ,. \ I • C, 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 ' • ,. --• t·,,.,. .. • • ... raise the bridge or lower the water so that a sh i p can pass and we can actually have a hotel in Englewood . ., So with that, my request tonight is that we look at scme of the benefits that the City could have and decide whether or not it is worth going one step further; that we table this to another city council meeting and in the meantime we have a task for ce arranged of people of your choosing, but certainly myself and my men, that we sit down and try to figure out a way this proj ect could be a reality. Thank you for your t ime. MAY OR : Thank you. Mr . Simpson? BOB SIMPSON, the wit ness, having been first duly sworn, was examined and testified on his oath as follows: MR. SIMPSON: Good evening, Bob Simpson, Community Development Department. First of all, this has been a real ly d i fficult application . I want to go on record as saying that we're not at all opposed to a hotel in this commu nity, quite contrary. I think it has been made very clear for the past several years, this council and previous councils, have indicated a very strong interest in securing some sort of hospitality lodging in this community. To that end, one of the things you all allowed ~IS,.__, 'l«. 32 II Ii l : I: n3'111Nt~ "--· S"'* 6QI. ~. f,,/MMI,, 1()11() {3()9/ 7ff-llS1 '7,n {3()3/ 7ff-ll# • • I ' I : I • 0 I I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 13 I 14 I 15 16 I 17 I 18 ~ 19 • I 20 21 I 22 I 23 24 I 25 I I • • I "it• .. • -' us to proceed with was a hotel study to see what kind of efforts could be made to put a hotel in this community . This particular application, as I said, is difficult because clearly Hawthorn Suites is a quality hotel. I have personally toured a Hawthorn Suites that is located within the Denver Tech Center. It is a wonderful facility, very, very good quality. It is a high product, in fact, and there are some really great aspects of it from that standpoint. I think what it comes down to, and you can see from the staff report, Ms. Langon has done a tremendous job. From a land use standpoint , we have no problem with this. In fact, we are recommending that we proceed with this. The difficulty is what kind of incentives are appropriate. At first blush when some application or developer tells me there is no profit being made, I do have to smile to some extent because the reality here and it i s noted within the applicant's information --is there is going to be a 10-and-a-half return on investment. That is all reasonable. I have nothing but good to be sa id about developers making profit. That is capitalism and what we love about our country, and that is what is appropriate and reasonable in this particular case. But we need to realize there is a prof it motive here, so somebody is going to do okay. ,t"~ IS,,_,_. "I«. 3 3 I I ;! 11 I! I II Ii II 1: "911/wt~ ""-· S1111e 60I . ~. ~ IOIIO {!1()911ff-lr51 7-"X (3091 7ff-lf44 • ' .. • I ) ' i I I • 0 • • 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 ~ --· • ..• •\o.1 ,. • -.. Again, we come back to what is appropriate. And what, I guess, I would make a suggestion is if c o un cil is amenable, we could make a suggestion to table th i s until July 17th, once again with direction from you that we do take another look at these incentives. Perhaps there is something that can make that boat float under that bridge. I don't know what that is. It is difficult to determine that because through our analysis --and we have had staff that have looked at this very closely -- the analysis doesn't provide us the understanding that it takes to determine what is that appropriate level. So we are going to be looking to you to determine whether we need to proceed with this. We are interested in it. We do want to work it out and we want to give it our very best efforts. So again, it is going to be up to you to help us proceed. MAYOR: Any council members have a comment? I have seen hotel proposals for 20 years. (Discussion between council members.) MAYOR: We were just clarifying a legal opinion. I have seen hotel proposals for many years, and I have seen them announce that we're going to build a hotel and it didn't happen. There are obviously some very significant financial challenges. I have no objection t o putting this matter to another date to see if the staff ,:-~ 's ...... "I«. 3 4 Ii i I i i 1· I· 11 n91fl#t~""-· s .. 601 . ~. t!.J-M ltJII() (9()9}111-1151 -;~ (9031111-1144 . .. , . ' ' ) I • 0 I - I I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 13 I 14 ' 15 16 I 17 I 18 ~ 19 • ,, 20 21 I 22 J 23 • 24 01 25 ' t • • • - can work on this and come up with some kind of recommendation to council. I know that is a real challenge. What we're being told is, Without your participation we're not going to have a hotel. But Bob's comments are good and well taken. There is a need for a hotel here, and that is another thing we can talk about. I'm willing to do that, but I would be cautious as to what we can do here. I think we have looked for more hospitality in the City for a long time and it would be wonderful if we could have it, but I think we have to have it in the proper terms, and to be careful of our money and guard our incentives so we apply them in the proper way to the proper project. MS. BRADSHAW: So at this point, I would move we direct the staff t o continue the work with the developer . MAYOR: Do we need to continue the public hearing? MR . GARRETT: I request to speak. MAYOR: Go ahead. MR. GARRETT: I actually would move to close the public hearing. And the reason --I'm really for a hotel, but the question for me comes down to what level are we needed to subsidize. And I'm not prepared to 35 I , ! Ii I, 11 ,I 11 II II It 1, I, It i I: I 11 ~•Ml Is---,. 'le. 555711Nt~"'-· S--,IOI. S.,,--. t--lOIIO <!J03J m-1151 'J,l'X (5051111-1144 .-.. 0 I • 0 3 - I I 1 I 2 3 I 4 I 5 6 I 7 8 I 9 I 10 11 I 12 13 I 14 I 15 16 I 17 I 18 ~ 19 • I 20 21 I 22 I 23 • 24 I 25 I I • • .. . .. • - subsid ize at this point, even if we give it another three weeks. I want to see how this developer's plan works to see whether we may have enough economic generation going on here. And in my mind, I'm for closing the public hearing and putting this to bed today. Because I don't think I want the applicant to spend a lot of money or our staff to spend a lot of time at this point, and I think that is premature; that i s my view. MS . BRADSHAW: Is this a process staff could learn from or not? MR. SIMPSON: We can always learn from all things. There is value to looking at it, but I also unde rstand where Mr. Garrett is . I 'm not sure we'll see a substantia l change in three weeks, but there is always a possibi lity. And I know how important this is to all of you and I want to give it another shot if it is important enough. MS. BRADSHAW: I think I spoke early on how we weren't going to give away the City to have a hotel. Certainly this is the greatest subsidy I have seen coming in front of council in my 10 years on the council, and I can't see continuing if we 're belaboring it. If something new would come out, I would encourage staff to do that , but if it can't , then --let's vote, like Mr. Garrett said, on what we're do i ng at this point . ~·~.'7 •. 36 ! ' i I ' i! 1: If ' ! .. I! 99911/ut~"--s.. 60I . e.,,--. ~ m10 (3()9J m-,rsr ~1'% <3fJ9J 111-1144 .. .. ) I • 0 - • • I I I I I I I I ' I I I I I I I I I I • ~ -• , , ... .. ... • -.. 1 2 MS. NABHOLZ: I'm with Mr. Garrett on this. It is time to put it to rest, this unbelievable incentive 3 package. I think staff has researched it one end to 4 another, and I applaud them on their efforts. I move we 5 close the hearing. 6 MS. BRADSHAW: Second. 7 MAYOR: We have a motion and a second to close 8 the public hearing. Please vote. 9 CLERK: All votes have been cast. Let the 10 record show six ayes. 11 MAYOR: The public hearing is closed. 12 MR. BROTZMAN: I would like to clarify that 13 this being closed will come back to you as a second 14 reading unless it is withdrawn. 15 16 17 18 19 20 21 22 MS. BRADSHAW: On the 17th. Thank you, Staff, you did a good job. MAYOR: We have now come to the consent agenda on items A, 8, and C. MR. GARRETT : I move to accept items A through C, 1 through 4. MS. NABHOLZ: Second. MAYOR: Please vote. 23 CLERK: Let the record show six ayes. 24 MAYOR : The consent agenda is adopted. 25 Okay. 11, the regular agenda, we have no ~ & 5,_._, 'l«. 3 7 : ' ' ! : i Ii It ' I ' I ' ' i :, 599-.,~ "'--· S.. 6QI. E-,1--. e.t-,,1. IOIIO (!1091 m-1151 7.,n (3031111-1144 . ., .. . . ) 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 • • -.. approvals o r ordinances on first reading. Second reading, first, Council Bill No. 39, amending the Englewood municipal sidewalk sales. .. MS. LANGON: On June 5th, council held a public hearing on the issue of sidewalk sales, and at that time Mr. Clayton of the Chamber suggested a change in the definition. And Mr. Bratzman has drafted language for the change of the definition to read a public sidewalk sale is a community event or celebration allowing use of public sidewalks by Englewood merchants in the front of their business as authorized by the city manager or designee. 12 What this does basically is remove the 13 decisions regarding the issues of when and where and how 14 the sidewalk sales are conducted from council and puts it 15 on the city manager or his designee. That was the only 16 changes to that. Any questions? 17 MAYOR: I think we remember that change, and it 18 seemed to be pretty well accepted by the staff. 19 MS. BRADSHAW: So the procedure at this time is 20 21 22 23 24 25 to amend? MR. BROTZMAN: Yes. MS. BRADSHAW: So I move that we amend 11 8-1, definitions of Council Bill 39 pertaining to sidewalk sales and the definition of the public sidewalk sale as read by Ms. Langon. ~ & s,_,_,. 1 •. 38 339'111111~ -"-· S.. 6fJI. e.,,-.. ~ IOIIO (3031 111-1151 7A"l' (9031111-1144 ., ) ! i 1: 1, I • 0 - I 1 2 3 4 I 5 6 7 8 9 I 10 11 I 12 -13 14 I 15 16 I 17 I 18 19 20 • 21 I 22 I 23 • 24 25 • :, • ... .• MAYOR: Second? MS . WOLOSYN: I • • -.. second . MAYOR: Please vote. CLERK: Let the record show six MAYOR: Amendment is accepted. .. ayes. Now we move to approve the bill as amended . MS. BRADSHAW: I move to approve Council Bill Number 39 as amended. MS. WOLOSYN: I second. MAYOR : Please vote. CLERK: Let the record show six ayes. MAYOR: Council Bill Number 39 as amended i s approved. Next is Council Bill Number 44, authorizing a Rights -o f -way Use Agreement with Metricom. MR. GARRETT: On item 11 b-2 and 3 I will be abstentiating because of a conflict of interest with my employer. MAYOR: Thank you very much . MS. BRADSHAW: I move to -- MR. YURCHICK: And I have a question on agenda item -- MAYOR: Let's decide what we need and take them one at a time . MS. BRADSHAW: I move to approve Council Bill ~IS,_._, 'l« . 39 Ii ' i i I .: ;, I; I: Ii .DJ._~~-s.. 60f. ~-~ 10t10 <!1()911n-1rsr :;r..n <90911n-11t111 • .. ., • 1 I • 0 - • • I I I I I I I --• .. • -.. 1 Number 44. 2 3 4 5 6 7 I thought it had to be on the table to ask a ques tion. MR. YURCHICK: Second. Okay, what does it mean talking about the approvement paragraph as well as facilit ies owned by a third participant in replacing their radio equipment? 8 MR. BROTZMAN: If somebody else is using 9 our easement and they obtain permission from that person, 10 say public service, so public service has to pull --they 11 get permission from public service, they also need publ ic 12 13 14 service to get it from us. So you need permi ss i on from both under that. MR. YURCHICK: But they have to receive 4 0 I 15 permiss ion? I I 1 I I I • 16 17 18 19 20 21 22 23 24 25 MR. BROTZMAN: From that third party as well. MAYOR: Any other questions? (No verbal response.) MAYOR: We have a motion and a second to approve Council Bill 44 on the second reading. Please vote. CLERK: All votes have been cast. Let the record show five ayes and one absentia. MAYOR: Next is --Council Bill Number 44 is approved on second reading. ~ 's ...... '7«. 99911/wt~ "'-· S... 60I . ~-~ 1()110 {!1()9J 1ff-llS1 7A"X {!1()9J 1ff-ll44 • ! . ' ; ! I 1, 11 I , ,. .,_ I • 0 ·]- I I I I I I I I I I I I I I I I I I l 2 3 4 -• .. . .. • - Next is Counc il Bill 47, approving an amendment to the City's Basic Local Exchange Services Business and Occupations Tax. MS. BRADSHAW: I move to approve Counci l Bil l 5 Number 47. 6 MR . YURCHICK: This is not a tax? 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. GRYGLEWICZ: All this does is --Frank Gryg lewicz, Director of Administrative Services. This just reallocates how the tax is collected. Right now it is a flat rate, and what this does is take this flat rate and divide it by the number of existing lines. And what that does is lowers the barrier of the entry of firms wanting to come into the City. This encourages competition in the city of Englewood. MS. NABHOLZ: But this wou ld not be an increase on that which he is currently paying? MR. GRYGLEWICZ: Right. MS . NABHOLZ: I second it. MAYOR: Please vote. CLERK: Let the record show five ayes and one absentia, the one absentia being Council Member Garrett. MAYOR: It is approved. There are no resolut ions and motions. Under general discussion, again I would like to offer a welcome to everyone here and to this new building, ~Is,-,... 'lae . 41 ; .i 11 3997/IMt~""--S..60I. e.,,--. ~ roll() (!1()9/ 111-1151 :;,n {9()9/ 111-1144 ! ' ' i I . , ) "' I • 0 32X - • • I I 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 • • ) • .... .. • • and hope that you will find the facilities much more u sef ul than the one we l eft. We'l l be working on the variou s systems in the building, including thi s room, as we go along to make them the best we can p o ss i ble make them . One small item I have been asked by the Chamber of Commerce is regarding the golf tournament that i s on Jul y 12th. I would recommend that we approve two formats for the tournament as we usually do. And that if that i s okay with everybody, please vote on two for the Chamber go lf tournament . CLE RK: All votes have been cast. Let the record sho w six ayes. MAYOR: And that is all I have. Anyone e l se ? MS. NABHOLZ: All I had was about a number to call so that citizens like myself can have contact on the weekends if we have a problem. So I apprec i ated that. I would also like to thank everyone who was involved with 42 18 ,~fixing up the family shelter. The help was greatly 19 20 21 22 23 24 25 apprec i ated . I'd like to welcome everyone to our new council chambers, and thank everyone who helped with the process. Thank you. MR . GARRETT: I have one thing. During the meeting we discussed canceling the July 3rd meeting because there is going to be quite a few July 4th activities. So I would like to move that we cancel the ~ I 5,.,,.__ '7«. 33911/ut~"---S""*60I. ~-~ IOIIO (309) 711-1151 ,7,n (303J ?ff-1144 ' • l i ) : ' I • 0 I I I I I I I I I I I I I I I l I I I If 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 • i:,tr' .• • - July 3rd council meeting scheduled for a week from today. MS. BRADSHAW: Second. MAYOR: Let's vote. CLERK: Let the record show six ayes . MAYOR: The July 3rd meeting is cancel l ed . MS. BRADSHAW: I think it was almost a year ago we were dealing with an issue on Dartmouth with a churc h across from a residential area, and there were some problems there, and I believe a business wanted to come in there, Newcomer Mortuary, I think. And the church that was purchased by a Korean church that was sharing the church at the Manuel Methodist Church at Yale and Downing. I drove by there and it really looks nice. I was I just didn't know if you had been by that area. They have taken care of the property and maintained it, and I real ly feel like as a group we made a good decision regarding that issue . MAYOR: That is good to hear . MS. BRADSHAW: It wasn't a very popular decis i on at the time, but I think the community has been served wel l. I think that is it. Welcome to our new home again, and keep letting us know about the dust problems . MR. LEADABRAND: I will. MS . BRADSHAW : I have a feeling you might. But ~·""" • s,.,,i,.... 'I«. 43 ' i I ' I ! I I i ; I If 399 ~~ "--· s... o . E 1« <. e.,-. to,,o <303J 1n-tt5t :;r.,n <303J m-ttt/4 I • 0 ·~- • • I I I I I I I I I I l !I IJ I • • -• 1·~.~ .. -~ • • .. ... 1 I really appreciate your phone call and giving us a heads 2 up on that. 3 MR. YURCHICK: I just have a few things. First 4 of all, I would like to thank Mike and Ken for soothing 5 them when both of the contractors were showing up at the 6 same time and getting the parking worked out and their 7 signs put up. They seemed to be happy with that. 8 The second thing was --we discussed a little 9 bit about it in the council meeting that they're going to 10 request a special process so they can get a tax history on 11 the November ballot this year . And I asked they notify 12 every business owner and tenant that will be affected by 13 this history so they can come to the July 17th meeting and 14 have their input. 15 16 And finally, they took a vote and voted to spend 55,000 finishing the concrete from the street to the 17 building at the 3400 block of Broadway and the east half 18 of the 3300 block, and I said I would ask the council to 19 consider waiving the $2 0 ,000 they just asked for in lieu 20 of the $55,000 to finish the s i dewalk . We had a letter 21 22 23 24 25 where they spent 80,000, and they asked EDDA -- MS. BRADSHAW: They were putting up the 55. MR. YURCHICK: And we waive the 20 . MAYOR: I don't even --I think it is a positive move for EDDA to participate in this. ~,s ........ 1 •. 44 !1!1!11"Nt~ "--· S.. 0 . e.,,-,t. ~ fOII() (!IO!IJ 1ff-llSI 7.,n (!IO!IJ 111-1144 ' . ,. ' : ' ' : ' : I • 0 • • I I I I I I I I I I I I I I I I I I I • ,,,,. • t •,l ... . . • .. • • .. 1 MS. BRADSHAW: EDDA means Englewood Downtown 2 Development Authority, for some of you sitting out there 3 that might not know that. 4 MR . YURCHICK: I move that we waive the $20,000 5 assessment or compartment on the sidewalks on South 6 Broadway. 7 8 9 10 11 12 MS . WOLOSYN: I second. MAYOR: Please vote . CLERK: All votes have been cast. Let the record s how six ayes. MAYOR: The EDDA'S 20,000 has been waived . MS. WOLOSYN: Just one thing. Staff just 13 informed me that on July 3rd we had scheduled that public 14 meet i ng about the tattoo parlor zoning, so she asked me to 15 move that we reschedule the public meeting for the July 16 17 18 19 17th meeting. MS . BRADSHAW: Second. MAYOR: And that is a public hearing? MR. BROTZMAN: That i s correct. 20 MAYOR: Please vote . 21 CL ERK : All votes have been cast. Let the 22 record s how six ayes . 23 24 25 MAY OR: Motion carried. MS . WOLOSYN: I have nothing else . MS. BRADSHAW: I have one thing. How many of ~IS,..,,,-. 'le. 45 : ,i I' 3391/lut~ ""-· S-. 6()1. e.,,-J. ~ IOIIO (3051 m-1151 ?A'% (30311ff-llf4 '· . ., .. 1, I • 0 • 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 ~ ,,.. • •,. .. ·~ • -' you volunteered to be in the dunk tank on the Fourth of July? Next year it is you guys. MR. GARRETT: I did it last year. MS. BRADSHAW: If you want a shot at any one of us, come down and pay your mone y. MR. SEARS: One of the things we promi sed to provide city hall with is a good air conditioning s y s tem, and we have failed to do that this evening and I apologize profusely . MAYOR : I don't know how many times I have turned to them in the old building and said, Can we get some air? MR. SEARS: We will make this a very, very high priority . MS. BRADSHAW: These lights up here are very hot. MR. SEARS: But we need to make some adjustments here, so I apologize to the audience and the council, and we will do that. I do want to say thank you to the city counc il and everyone for the support of the staff in mak i ng the change . The staff just has done an incredibly diff icult and great job, and the faces out there from Ken to Rick t o Bill to Gerald to Bob, all the way through for really making an effort to make this a good home. I just want to 46 ' \i 1, 1, I I , Ii ,, I, ii 11 11 ~•"'-' Is,.,.-. 'I«. 3"1/wt~ "-· 5"'* la. ~-e---ltJIIO (!JfJ3J 111-IISI 'J,l'X (!JfJ3J 111-1144 ' 9 ~ ) I • C, - 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 -• .. • - say I'm really proud to work with such a good staff, especially Mike over here . We're still assessing all of the issues, and we have a lot to do in terms of finished touch up, but I want to say thank you to the council and t he mayor f or a ll your support. So that we don't leave this topic, unfortunately Rick was unable to be at the earlier session this evening. I have asked Rick to come forward so he can talk to City Council about some of the numbers and design times in terms of the wall . He has been the project manager, and I didn't want to sec ond guess where we're going. But I think we could probably proceed with the expanded wall and the gates , if the council would like to move. But I wanted to have the facts. So, Rick, if maybe you wou l d want to talk about that? RICK: Members of Council, I apologize for being kind of casual . I really just stopped by to see how things we nt this evening . You all look really good up there . I did attend in fact, I hosted an open house a t Bishop school a week ago Thursday . Initi a lly, I had set up that meeting just to spread information out to the community as to what we were proposing along Floyd Avenue b ecause we hadn 't had the communication a s we would have ~IS,.,,.,_, '7c . 47 11 ! I: f I i 9997tlut~""-· S,,06()(. S.,,--. ~ IOIIO (909) ?ff-1151 7..t'X (9091 ?ff-1144 .. i : I I • C, I - r r r I I I I I I I I I I I I • 1 2 3 4 5 6 7 8 • j. ~,, • - liked. Subsequent to my notice, there were folks from the neighborhoods that approached that had concerns. This i s cutting in and out. But we'll get to that too. At that meeting there were severa l folks from the neighborhoods --actually, the meeting was attended by about 20 citizens and about eight to 10 staff members. There were four or five citizens from the neighborhoods that were concerned about the buses and the noise and the 9 pollution, all of those things. In the City's defense, 10 11 12 13 14 there were also a number of folks in the neighborhood that spoke on behalf of the City and felt that the City had honored their commitments to the development project. Regardless to that, I think we're all aware there is a potential impact on that neighborhood from the 15 buses. I discussed at length with Ben Green, the Ci ty's 16 17 fire marshal!, the possibilities of closing off the intersections at Fox, Galapago, Huron, as well as with 18 putting up fences and access gates. Ben chose to s l eep on 19 that. Unfortunately, Ben went on vacation and I wasn't 20 21 22 able to get with Keith Lockwood to finish that discussion until this last Friday. At the meeting the safety services folks spoke 23 out that there is really two responses to that area. In 24 an emergency there would be trucks dispatched from Tejon, 25 as well as Jefferson County Station. They felt their ~ I 5,.,,._, 1«. 48 ' 1: ' ' ' i 1: It 1, 33311M~""--$.460I. e.--«. ~ IOIIO (303} 111-1151 ~A'% l303J 111 -1144 .,_ I • 0 - I I I I I I I I I I I I • 1 2 , .. ,. " • • -.. primary access would be from Eastman Avenue. But Ben pointed out 3 he would need a second access area if they n eeded 4 addit ional equipment. They can't come in behind where 5 they already tied on the hose in the street. 6 When I concluded my discussions with Keith 7 Lockwood on Friday, it was agreed that in fact they could 8 live with aided intersections, so we could close that off . 9 And his requirement was --right now we have at Galapago 10 11 12 13 14 15 the alleys at Fox and Huron, those four there is a 33-foot opening . The walls at Galapago, there is a 75-foot opening. We had provided for pedestrian access across Floyd to get back and forth. And if you consider we have a 32-foot street and we're lining our handicap areas up, that creates this 45 -foot opening, and in order to have 16 proper site distance, it was necessary to ho l d the wa ll 17 back the additional distance. 18 So we ended up with a 75 -foot opening. Prior 19 to the meeting at Bishop, staff already evaluated that 20 crossing and concluded we probably could get by with a 21 22 pedestrian crossing only at the west side. So we had already talked about narrowing that by 30 feet. We would 23 just extend the missionary wall in one section. What 24 we're looking at right now is that we talked about closing 25 all those access points and putting in wood gates. ~ I s,a...,,-. 'l«. 49 1, II I! i i I 1, I 1, 1, 1, SSS"llwt~ "'-· s.-6fJI . S.,,-.... ~ fOIIO <SOSJ ?ff-1151 ?-"'X (.JOSI ?ff-1144 • I • 0 r [ 1 [ 2 3 ( 4 ( 5 6 [ 7 8 [ 9 I 10 11 I 12 ( 13 14 ( 15 16 l 17 I 18 19 I 20 21 I 22 I 23 • 24 I 25 I I • • -• 1· ~.~ ... • -' I understand there is also an int e rest on your part to raise the wall by two feet. What I wou ld recommend this evening is that if you're interes ted in raising the wall, that it would be prudent at this time to just raise the wall by two feet, the reason beiug otherwise I would go in and put a seven-foot fence to match the seven-foot wall, and if I came back to r a i se the fence, then we'd come back and have to raise the wall two 50 I I I I ' ! feet. I While I was sitting in back I looked at some numbers. We are, in fact, dealing with about 1,200 foot of brick out there right now . But based on the price of that wa ll , it is about $80 a foot to build. I'm assuming it would be approximately $25,0 00 to raise it two feet. We have also looked at the cost of closing the 33-foot openings with wood and wooden gates. And at nine foot, I believe that is the cost of about $15,0 00 . And the only addit ional cost is by narrowing the opening of Galapago, and that would cost somewhere around $3,00 0 . So overall, we're looking at a cost inc rease of 45 to $50,000. One thing I talked to Bob Simpson about was whether we thought we should totally close it off. But our staff maintained we were going to have to maintain the pedestrian access at Galapago. It is real ly a large neighborhood, that area north of there, and we think that ~~IS,___. 'I.e . 333111Mt~""-· S..60I. ~-~ IOIIO (S03J 1ff-llSI 7.,n (303J Tff-1144 ' Ii 1: ' . •' I • C, ·]- r r 1 [ 2 3 r 4 [ 5 6 ( 7 8 [ 9 [ 10 11 [ 12 I 13 14 l 15 16 l 17 l 18 19 • l 20 21 I 22 I 23 • 24 I 25 I I -• • --. • .. • - probabl y a pede strian access through that point would poss i b ly benefit that whole neighborhood. But that, of 51 course, i s your call. , In talking to safety services, it is still necessary for us to maintain 33 feet between the missionary opening. So we do need the 32-foot opening. We're at 33 feet at the alleys at Fox and Huron. We're at 75 feet at Galapago and we're recommending 45. If we're proposing pedestrian access, it is offset to the side of the intersection. In all the other intersections, the 33 feet is centered on the street to the north. In this case we would also have the crosswalk that is off to the side . MS. BRADSHAW : I'm glad you guys were already ! I ' ' i Ii I: I: thinking ahead. 1, RICK: What we proposed is that we close the opening and put in gates. The only th ing I wo uld --I was proposing, since the wall was rebuil t already seven feet, that we try it and see what the impact is. But again, if it is necessary to raise the wall, all the wood would be at seven instead of nine. MS. BRADSHAW: That is what I would propose. MR. SEARS: Based on this, we can go ahead and proceed . I'm sorry, I wanted to make sure we were okay when we took a look at all the different angles. But according to Rick feeling comfortable, and --I think we ~ & 5,___, 1-e . 333"11/wt~..t-. S1111e6fll. e.--. ~ r0110 <3o3J 1rr-1rsr :;..n <3()3J 1rr-1r44 I : I, I : Ii Ir Ii . ' I • 0 I - [ r 1 r 2 3 [ 4 [ 5 6 [ 7 8 [ 9 [ 10 11 [ 12 [ 13 14 [ 15 16 [ 17 [ 18 19 I. 20 21 I 22 I 23 24 I 25 I I ,,..... • _, A, • -... can proceed under those guidelines. It will take some time to get the wall up, and in terms of fabr ication of those gates, it may take us a month or so before that actually happens? RICK: That's correct. We need to concentrate we have got the RTD station opening in a short period of time. We need to concentrate on getting that usable. We'll start making the design changes and getting that started. It is probably going to take four to five weeks to get going. MS. BRADSHAW: We'll monitor it closely . RICK: During the same time, we'll also be work i ng the area north of the brick wall between there and the properties. We have got a road to widen there, and we have got additional property -- MAYOR: As part of the opening and preparing for the buses and so forth, where are we at this point on the steps and the bus terminal and that sort of thing? And how much of that is estimated to be finished? RICK: Saunders Construction has provided me with a schedule that has the things we need to be functional for the opening of the RTD. And basically what that includes, first of all, all of the roads on the project will be paved; again, keeping in mind Galapago, Inca Parkway, all the asphalt is being left an inch and a ~1s ...... 1 •. 52 11 ii I: Ii Ii 11 1, 399711Nt~.,,,_, S-,6()1, e.,,-,t. ~ rt:/11() (3()3} 1ff-ll51 -;,n (303} 111-1144 .. • I I • 0 - • r I r I [ [ [ [ [ [ [ [ [ I_ [ I I I I • •·· •,, • • - .. l half. And it will top the streets out when we're done. 2 But all of the streets will be paved. 3 But right now the north parking lot is 4 basically complete. Floyd Avenue, of course, will be done 5 for the buses to get in an out. Inca will be done up to 6 Dartmouth. The sidewalks adjacent to the bus bay stati on 7 will be complete. The steps coming off of the bridge was 8 poured last Friday. The deck and the snow melt system is 9 already in place, and the metal fabrication for the bridge 10 11 12 is prepared. MAYOR: When is the bridge operational? RICK: Probably about three days before we need 13 it, the 10th or 11th. 14 MAY OR: There will be a tour of the light rail 15 by city officials on the 6th, so that means when it stops 16 at the bridge the bridge will not be complete? 17 RICK: Right. On the 6th they will probably 18 be pouring decking. 19 MAYOR: Probably don't even want offici als 20 there . 21 MS. BRADSHAW : Well, on the 6th all we're do ing 22 23 24 25 is riding to Mineral and back. RICK: The station itself is ready to go. MAYOR: Bev is probably right. There probably won't be a stop there anyway. Also, since I understand ~1s ....... 1 •. 5 3 I! I; I: Ir ' I: 1, I: 333111Nt~,,__. S-,.IQI. ~-~ fOIIO (30911ff-lf51 ,;i,n (3031111-1144 .. .. . ' I • 0 32 - • r r r [ [ [ [ [ [ [ [ [ [ I. [ l I I I • • • -.. 1 they're saying we may get 10,000 people on Saturday alone, 2 where is there to park? 3 RICK: Trammel Crow is agreeable to allow us to 4 park in its areas. RTD prefers not to, so I think it will 5 probably be an overflow situation. The other thing that 6 may be available, but --I believe the Wal-Mart parking 7 a 9 10 11 lot will be paved at that time. MAYOR: We can stir up a lot of dust on that side. RICK: We do. In fact, when that came up tonight there is a call list that was provided at the 12 beginning of the project to Safety Services, so they have 13 got emergency numbers, including my own. Saunders is 14 prepared to respond. They do, in fact, have a water truck 15 on the project. But it is really unfortunate when things 16 17 18 19 20 21 22 happen, like Saturday. Saturday I was playing golf. I couldn't see to get across the bridge from the dust that came off between there and this property. It happens in a hurry, and by the time folks call it is gone by the time they get out to respond. As more of these parking areas are paved, the problem will lessen. There won't be so much dirt . We will continue to 23 work on that. The weekend of the 14th we will just 24 continue --you can't anticipate when the winds are going 25 to come up. ~IS-,.,... '7«. 5 4 3337/lut~"--· S..6fJI. ~. e.t-,1. IOIIO (303J1U-ll51 'J,1% (30311ff-lltl4 ., ,. : : : i I I i ) I • 0 - • I I (_ .,,-· • .. • - 1 MS . NABHOLZ: I would just like to say thank 2 you to s taff for holding that meeting at Bishop, and 3 making yourselves available. Because it was on a 4 Saturday. And thank you for the continued support; you 5 listened to those citizens. When you add in 400 buses 6 around here, it is going to take some adjustment. 7 RICK: No question. 8 MR. SEARS: We have a new information services 9 director coming to the city from Kirkland, Washington, and 10 he will be here on July 12th. His name is Don Hinkle. 11 But he is an outstanding guy, and I appreciate Frank's I 12 effort. Frank has done a marvelous job. And the I I_ 13 telephone system here really is great. So as soon as he 14 gets here, I'll keep in contact with you. I think he will 15 be impressed with you as well as the staff. 16 MS. NABHOLZ: Thursday night's concert in the 17 park was I think it was the biggest attendance I have 18 ever seen . 19 MS. BRADSHAW: I think we need to congratulate 20 Mr. Sears for making it through the Ride for the Rockies . 21 MR. SEARS: I'm happy to be here. It was 22 60-mile-an-hour winds. So thank you. 23 MAYOR: It probably felt like your job here. 24 We stand adjourned. Thank you all for coming. 25 ~IS,___. 'I«. 55 ' . • i i . ! I ... ii [I Ii l L I. L I I I I S3311M~~-S,,,.6QI. £-,1-,1. ~ IOIIO (3031 ?ff-1151 7AX (3031 ?ff-111/4 • ' 9 . ' I • 0 • • I l l I I. I I I I I 1 2 3 4 • ,. •,. • • .. REPORTER'S CERTIFICATE I, Karmon K. Brickman, Professional Shorthand Reporter and Notary Public in and for the State of Colorado, do hereby certify that said proceedings were 5 taken in shorthand by me at the time and place hereinabove 6 set forth and were thereafter reduced to typewritten form 7 under my supervision, as per the foregoing transcript; 8 that the same is a full, true, and correct transcription 9 of my shorthand notes then and there taken. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 I further certify that I am not related to, employed by, nor of counsel for any of the parties or attorneys herein, nor otherwise interested in the event of the within action. I have hereunto set my hand July 6, 2000. My commission expires December 20, 2003. Professional Shorthand Reporter and Notary Public ~~IS,.,,._, 'Jee . 56 11 I, It I: 1, ! : I 1, Ii Ii Ii I, I 11 J; 999111wt~"-· S.r. 60I . e.,t--. ~ IOlfO (9()91111-1151 ~AX (9091111-1144 ., . , ) I • 0 - .. ( • • • - / Kirkpatrick & Stenstrom, Inc. 333 West Hampden Avenue, Suite '81 Eqaewood, Colorado •no (313) 718-1858 FAX (303) 718-1144 .. . ' •' (] .. .. ' . I· 0