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Home My WebLink About2000-04-03 (Regular) Meeting Agenda-• • • ' April3,2000 ENGLEWOOD CITY COUNCIL Regular Meeting ., .. 0 - • ,. --• • - Englewood City Council Regular Meeting tl/s/oo Ordinance 0• ,,!{, ~ ;y, ~ ,µ', ~ I ~ I lf I ~, r ,.~, Y.,, ~. 'V, ~ .• 29, 30 Resolution # r• r• f, 41, 42, 43, 44, 45, 46, 47 • • .. 0 .. • 0 0 I . l • • -• .. ,. ,,,,. . • .. ... .. • -' ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY. COLORADO I . Call to Order Regular Session Apri13, 2000 The regular meeting of the E ngle wood Ci ty Co unci l wa s called to order by Mayo r Burns at 7:48 p.m. 2. Invocation The invocation wa s given by Counci l Member Nabho lz . 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Burns . 4. Roll Call Present : Absent: A quo rum was present. Also present : 5. Minutes Coun cil Members Nabholz. Grazu hs. Garren . Brads haw. Wolosy n. Yurchick. Burns None City Manager Sears City Att orne y Brotzman Deputy City Clerk Castl e Malley Senior Cent.er Faci lity Supervisor Sack Pl a nning Analyst . Dannemiller E ngl ewood Enviro nmental Fo undati o n Board Member Si mp son C hief Buildin g Official Smith Assist.am City Manager Flaherty Director Olson. Safety Services Director Black. Park, and Recreation (a) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REG ULA R CITY COUNCIL MEETING OF MARCH 20, 2000. Ayes : Nays : Motion carried . 6 . Scheduled Visitors Council Members Nabho lz. Garrett . Bradshaw. Wo losyn. Yurch,ck. Graz ul is . Burns None (a) Ma)or Burn s stated that John McCull o ugh was present to adv ise C it y Coun c il o f the awards the Englewood Elk s ' have. give n to 1he ir Ci ti zen of 1he Year. Firefight er o f the Year and Po lice Officer of the Year . , . ' I • 0 • • Englewood City Council April 3, 2000 Page2 ·,· ,,.-· • ... • - John McC ull o ugh. Past Ex ahed Rul er o f the Englewood E lks. explained that th e Engle wood E lk s have a n annual award s ceremo ny at whi c h the) ho nor a n o ut s tanding Ci ti zen o f th e Year. an outstanding Fi refight e r of the Year and an o ut standing Po lice Officer o f the Year. He ac knowledged they rece ive d a In t o f help from Fire Department Divi sio n C hief Kieth Lo l'kwood and Po lice Department Support Service Di vis ion C hief Bob Moore . Mr. McCull o ugh asked Greg Wea ver w come fornard . Mr. Mc C ull o ugh li sted a fe" o f Mr. Wea vers accomplishments. He ad vised that Mr. Weav er is an E ng le\\ood Fire-Medic . South Metrn Tech111 ca l Re scue team member and Metro Fire Training Academy in stru c to r. a C iti zen·, E mergency Re,ponse Te:1m instructor. medic and bike team coordinator and a C PR and educ ati o n l'(H)rdinat o r. He deve loped th e curriculum for CPR . o btained a $2500 grant fo r technical equipment. he ,s a puppeteer fn r ,.ifety education to elementary st udent s. prov ide s ass istance 111 coord111ating the a nnu al Fire Pre ,ent io n Weck acti , nie s and Safety Services Open Ho use . He is a preparer for paramedic ,tude nt s. an Engle"ood medi ca l tra111ing paramedic educatio n instructo r and he is a Heahh Swedis h Medical llospnal program para medi c at the Healtho ne Swedish wa lk -in c lini c. Mr . McCull o ugh asked Tim Mitc hell to rnme forwa rd . Mr. McCull ough stated that Mr. Mit c hell ,s a twenty-five year vete ran police o ffi cer. and that he has earned the re s pect of hi s peers . famil v. fr ie nd , and communit y. Pri or to beginning hi s police career. Officer M,tchell \\as a high sc hool h1 s tn ry teache r. football coach and baseball coac h and he ha s continued to impact yo ung peo ple 111 pos11 1vc way, througho ut his career. e,peC'1all y the past ten years a s a DARE 111>tructor. Officer Mitc hell's primary dut1l'.s include internal affair>. pre-em1 loyment background inves tigati o ns and teaching va ri ous po li ce offircr training programs. Nevertheless. he most e nJ oys workin g in the schools with o ur yo un g peo ple and th eir teachers . In additi on to teac hing DAR E. Offi cer Mitc hell a sists Bi sho p Elementary Sc hool "nh their reading program. conduc ts a ba seball cl1111c for deaf c hildren. organizes ba sketball gam e, ,.,th team o f officers and student s and the tudents o mpete against teams of teachers and in struc ts a program lilied ''Buller Proof Yo ur School." He continues to coach middle sc hool boys 111 football 111 thee, en111g, and o n weekends. Mr. McCullough advised that Nancy Peterse n helped a lo t with the Outstanding Citizen o f th e Yea r a"ard . Ken Gates wa s named their C iuzen o f the Year and h,s daughter provided the li st o f hi, acwmpl1>hmcnt ,. Mr. McCullo ugh stated Mr. Gates ha, bee n 1m o lved with the Boy Scouts for twe nt y-fi ,e years. Ma rt111 g when hi s o ldest boy was a C ub Scout. He took hi s sons through Scoutin g for as lo ng a, th~y \\ anted to parti ci pate. During hi s twenty-five year, he spent t.-enty-four years in so me leaders hip c apant ). en her a, a community member. or as a leader o r assistant leader. He a lso has been invo lved in a prog ram that encourages kids to become 111terested 111 fi ,h111 g in stead o f drugs o r gangs . He ha s taken kid , fi,h111g wh o probably would not o th ern1se ha ,e had a c han ce to experience it. Mr. McC ull ough advi sed that Mr. Gate , has been an acu ve member o f the Engle "ood E lk s for a lo ng time . Ken and Velda Gate s ha ve ,o luntecred co untless hours over th e pa ,t fi,e )Ca r, a»1>t1n g 'anry Peterson with rnmmunit y projec t, ,uch a, Ko p, n Kids , 4•• o f Jul y Famil) Fe,11,al and Fire"o rk s Celebrati o n. Nati o nal Night Out a nd the Ho lida y Parade. the KYGO C hri stmas ru sa de fo r the C hildren . They also vo lunteered many ho urs ass isting with co mmunity programs suc h a;, th e Engle "ood Neighborhood Watch and the E nglewood Neighborh ood Watch Speed Pledge Program . During the mo nth o f December 1999 they each vo lunteered 111 exce,;, of eighty ho ur s in a;s1stin g the City o f Englewood as well as forty ot her metro area ci ties wnh KYGO C hri stmas C rusade for C hildren . The Englewood Elk s Firefighter of the Year. Po li ce Officer o f the Year and C itizen nf the ye ar "ere gl\en a round of applause. 7 . Non-scheduled Visitors There were no no n-sc heduled visitor s . I • C, • • -• Englewood City Council April 3, 2000 Page3 I •,•• • ,.,--· • • - 8. Communications, Proclamations and Appointments '9 .. ' ... (a) A proc lamati o n ho noring Emma Goldsboro o n the occasion of her I 08"' birthday wa considered. Mayor Burns noted Council ho no red her la st year when she wa s 107 and. on behalf of Council. he congratulated her on another year. Malley Senior Center Facility Supervisor Sack commented that Ms . Goldsboro is not as active as ,he wa , at 107 so they don't see her as o ften at the Senior Center. Mr. Sack advised that she is reall y thankful for Council ho noring her on her birthday and she 1s surprised every year when it rolls aro und . Deputy City Clerk Castle read the proc:lamati o n in full. COUNCIL MEMBER WOLOSYN MOVED, AND IT WAS SECONDED. TO APPROVE A PROCLAMATION HONORING EMMA GOLDSBORO ON THE OCCASION OF HER 1os1·11 BIRTHDAY. Ayes : Na ys: Moti o n carried . Council Members Nabholz. Garrett. Brad,haw. Wo losyn. Yurchick . Grazulis . Burns None Mayor Burns as ked that Mr. Sack convey to Ms. Go ld sboro Counci l"s be,t w,,he, and n ng ratu lat e her on her 108"' birthday. Mr. Sack advised that the Center usually honors her with a birthday part y every yea r. but thi , )Car ,he declined due to a couple of recent falls. He said they will take the pr oc lamau o n to her Friday "ith a bouquet of fl owers and a card s igned by many members o f the Senior Center. 9. Public Hearing No public hearing was scheduled before Council. JO . Consent Agenda COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) and (ii) ON FIRST READING, 10 (b) (i), (ii), (iii), (iv). M. (vi), (\'ii), (viii), (ix), (x), (xi), (xii), (xiii), (xh-), (xv) and (xvi) ON SECOND READING, ANO 111 (c) (i) and (II). (a) Approval of Ordinances o n First Reading (i) COUNCIL BILL NO. 29. INTRODUCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 3. CHAPTER 4. SECTION 16. SUBSECTION 3. A-5. OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO THE CITY OF ENGLEWOOD NONEMERGENC Y RETIREMENT PLAN DOCUMENT (THE PLAN ) . (ii) COUNCIL BILL NO . 31. INTRODUCED BY COUNC IL MEMBER GARRETT • ' . \ ' ' I • 0 • • -. Engle .,·ood Cit y Council April 3, 2000 Page 4 I• •,. ·, ... ~ -· • 4, • -.. A BILL FOR AN ORD I NANCE APPROVING ··AMENDMENT NO . ONE TO CITY OF ENGLEWOOD POLICE OFFICERS PENSION PLAN (AS AMENDED AND RESTATED EFFECTIVE JANUARY I. 1999).'' (b) Approval ofOrdmances on Seco nd Reading (i ) ORDINANCE NO . 13. SE RI ES OF 2000 (COUNC I L B LLL NO . 9 . INTRODUCED BY COUNC IL MEMBER BRADSHAW) AN ORDINANCE AMENDING T ITLE 2. CHAPTER 8. OF THE ENGLEWOOD M U N IC I PAL COD E 1985. PERTAI N I NG TO THE NAME CHANGE FO R KEEP AMERICA BEAUTIFUL COMM ISS ION T O THE NEW TITLE. KEEP ENGLEWOOD BEAUTIFUL COMM ISS ION (i 1) ORD I NANCE NO . I ~. SER I ES OF 2000 (C OUNC I L BILL NO . 11 . I NTRODUCED BY COUNC IL MEMBER GARRETT) AN ORD I NANCE AUT HORI Z ING THE MUTUAL SHARI NG OF CERTA I N EQU I PM ENT B ET W EEN T HE CITY OF ENGLEWOO D AND OTHER CITIES. STATE AUTHOR IZED QUAS I- GOVERNMENT AL EN T ITIES OR SPECIAL D IST RI CTS . (iii) ORDINANCE NO . 15. SE RIES OF 2000 (COUNC I L B I LL NO . 15 . I NTRO DUCE D B Y COUNC LL MEM BER BR A DSH A W ) AN ORD I NANCE AUTHORIZ ING THE ACCEPTANCE OF AN AMENDMENT TO TH E AGREE M ENT AND SU B LEASE BETWEEN THE MUSEUM OF OUTDOOR ARTS (MOA ). TH E ENGLEWOOD ENVIR ONMENTAL FOUNDATION. I NC. (E EF) AND THE CITY OF ENGLEWOOD. COLOR ADO (C ITY). \iv) ORD I NANCE NO . 16. SE RI ES OF 2000 (COUNC IL B I LL NO . 16. I NTRODUCED BY COUNC Ii. MEMBER GARRETT) AN ORDINANCE AUT HORI Z I NG AN I NTE RGOVERNMENT AL AG REEMENT BETWEEN T HE C ITY OF ENGLEWOOD AN D T HE ST ATE OF COLOR ADO. DEPARTMENT OF PERSONNEL W HICH ALLOWS THE C ITY OF ENGL EWOO D TO PU RCH ASE SOFT W ARE FROM ST ATE NEGOTI ATED SOFTWARE VENDORS. (v) ORDI NANCE NO . 17. SE RI ES OF 2000 (COUNC I L B I LL NO . 17. I NTRODUCED BY COUNC I L MEMBER NAB HOLZ) AN ORDINANCE AMENDING T ITLE 8. CHAPTE R 28 . OF THE ENGLEWOOD MUN IC IPAL COD E 1985 . PE RT A l NING TO THE MECHANI CAL CODE OF THE C ITY OF ENGLEWOOD. COLORADO . (vi) ORD I NANCE NO . 18. SE RI ES OF 2000 I COUNC I L B ILL NO . 18 . I NTRODUCED BY COUNC I L. MEMBER BRADS H A W ) AN ORDI NANCE AMENDING TITLE 8. CHAPTE R 2A. OF T HE ENGLEWOOD MUN IC I PAL CODE 1985 . PE RTAI N I NG TO THE BU ILDING CODE OF T HE CITY OF ENGLEWOOD. COLORADO. (vii) ORD I NANCE NO . 19 . SE RI ES OF 2000 (C OUNCIL B I LL NO . 19. I NTRODUCED BY COUNC I L MEMBER NAB HOLZ ) AN ORD I NANCE AMENDING TITLE 8. CH APTE R 2C. OF T HE ENGLEWOOD MUN IC I PAL CODE 1985 . PERTAI N I NG TO T HE PLUM BI NG CODE 01-' T H E C ITY OF ENGLEWOOD. COLORADO . • I • 0 - • • • Englr"'ood City Council April J. 2000 Pagr5 ~ . ...-. • • - .. ~ (v11i ) ORDINANCE NO . W. SERIES OF 2000 (CO NCIL BILL NO. 20 . INTRODUCED BY CO NCIL MEMBER ABHOLZ) AN ORDINANCE AMENDING TITLE 8. CHAPTER 20. OF THE ENGLEWOOD MUNICIPAL CODE 1985 . PERTAINING TO THE ELECTRICAL CO DE OF THE C ITY OF E GLEWOOD. COLORADO . (ix/ ORDIN NCE NO . 21. SERIES OF 2000 (COUNC IL BILL NO . 21. INTRODUCED BY COUNCIL MEMBER NABHOLZ) AN ORDINANCE AMENDING TITLE 8. CHAPTER 2E. OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO THE FIRE CODE OF THE CITY OF ENGLEWOOD. COLORADO . {x) ORDI ANCE NO . 22. SERIES OF 2000 (COUNC IL BILL NO. n INTRODUCED BY COUNC IL MEMBER NABHOLZ) AN ORDINANCE AMENDING TITLE 8. CHAPTER 2F. OF THEE GLEWOOD MUNICIPAL COD E 1985. PERTAINING TO THE CODE FOR ABATEMENT OF DANGEROUS BUILDINGS FOR TIIE CITY OF ENGLEWOOD. COLORADO. (x i ) ORDINANCE NO . 23. SERIES OF 2000 <COUNC IL BILL NO. 23. INTRODUCED BY COUNCIL MEMBER GARRETT) AN ORDINANCE AUTHORIZING N INTERGOVERNMENTAL AGREEMENT ENT ITLED ··u.s. DEPARTMENT OF THE INTERIOR U .S. GEOLOGICAL RVEY JOI T F NDING AGREEMENT FOR WATER RESO URCES INVEST IGATIONS ." (x11) ORDINANCE '0. 2~. SERIES OF 2000 (CO NCIL BILL 0 . 2~. I TRODUCED BY COU 'C IL M EMB R WOLOSY ) AN ORDINANCE A TIIORIZING THE "CONTRACT AMENDMENT #2" TO THE INTERGOVERNMENTAL AGREEME 'T BETWEEN THE C ITY OF ENGLEWOOD. COLORADO AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF TRANSPORTATION (COOT) FOR THE CONS TRUCTION AND FUNDING OF THE PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U.S. 285 AND YALE AVENUE IN THE CITY OF ENGLEWOOD. (xiii) ORDINANCE NO . 25. SER IES OF 2000 (COUNC IL BILL NO. 25. INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE RENUMBERING TITLE 8. CHAPTER I. OF THE ENGLEWOOD MUNICIPAL CO DE 1985. PERTAINING TO THE DIVISION OF BUILDING AND SAFETY ADMINISTRATION OF THE CITY OF ENGLEWOOD. CO LORADO . (xiv) ORDINANCE NO . 26. SERIES OF 2000 (COUNCIL BILL NO. 26. INTRODUCED BY COUNCIL MEMBER WOLOSYN ) AN ORDINANCE AMENDING TITLE 8. CHAPTER 38 . OF HIE ENGLEWOOD M UN ICIPAL CODE 1985 . PERTAINING TO PUBLIC AND SEM I-PUBLIC SWIMMING POOLS IN THE CITY OF ENGLEWOOD. COLORADO. (xv) ORDINANCE NO . 27. SERIES OF 2000 (COU NCIL BILL NO. 27. INTRODUCED BY COUNC IL MEMBER GARRETT) • .. I • 0 • • -• Englewood City Co uncil April J, 2000 Page6 I• .. • ....... . • • -.. AN ORDINANCE AUTHO RIZI NG T HE V ACATIO OF WATER AND SEW E R EASE M ENTS LOCATE D AT ENGLEWOOD C ITY CENTER . (xv i) O RDIN ANCE NO. 1 . SERI ES OF 2000 (CO C IL BILL NO 1 INTRODUCED BY COUNC IL MEMB ER GARR ETT) AN ORDINANCE AMEND IN G TITLE 8. C HAPTE R 5. OF THE ENGLEWOO D ML N IC IP AL CODE 1985 . PERTAINING TO MOVING STRUCTURES IN THE C ITY OF E 1GLEW OOD. COLO RA DO. (c) Re ;oluti o ns and Mo ti o n (i) R ESOLUTION NO. 38. SER IES OF 1000 A RESOLUTION AUTHORIZING THE R ESERV AT ION OF FUN DS AS REQ U IR E D BY TH E AGREEMENT BETWEEN THE M USEU M OF OUTDOOR ART S (MOAJ AN D THE C ITY OF ENGLEWOOD. COLORADO. (ii ) RESOL UTION NO. 39. SER IES OF 2000 A RE SOLUTION APPROPRIATING FUN DS FROM THE 2000 B UDGET FOR TH E CO STR UC TI ON OF THE SOUTH BROADWAY WIDENING PROJ ECT . Vote results: Ayes : Nays : Mo ti o n carried . I I . Regular Agenda Council Members Nabho lz . Garren. Bradshaw. Wo losyn. Yurc hi c k. Grazuh,. Burns None (a ) Approval of Ordmance, o n Fir,1 Re ad mg (i) Plannmg Anal ys t Dannem,ller pre ,ented a recommendatio n fr o m the Department o f Commun it) Develo pment to ado pt a bill for an 1)rdman e ad o ptin g amendme nt s 10 Section 16--1 -19 o f the E ng lewood Muni c ipal Code pertaming to the Sign Code a nd 10 sc hedule a Publi c Hearing o n May I . 2000 to gather mput o n th is mailer. She ad iscd th at th e ord mancc "111 all ow fo r unique a nd c reative signagc along th e South Broad "ay rnrridor and" anot her step m th e 1111plement ,111 o n of th e South Broadway Acti o n Plan. Ms. Da nnem,ller :,a ,d s he \\anted 10 make no te . fo r th e record . that there i, a section in the Council Commu111 cat1 o n. the laM serno n. that refers to amendment,. She advised that. subsequent to o ur Stud y Ses"o n and the coun c il communicat io n being forwarded . there we re recommendatio n, fr o m the Ci ty A11orney ·, Office that are different than the amendme nts rcq ue,ted here . Ms. Dannemiller stated the first sec ti o n th at ta lk , about th e permining time framc . and th e second part th at talk s about the actual ves ted right s o f th e sig n code. can be di sregarded in thi s Coun ci l Commu111 ca11 0 11 . They are in the proper forma t in the o rdinance . In addition, she said . the E lec tio n Commi ss io n recommendatio n is in the proper fo rmat in the o rdinance . So. she no ted , th e ordinance in fr o nt o f Council is in the compl e te format that they wo uld hke 10 take forward to public hearing. COUNCIL MEMBER BRADSHAW 1\-IOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (i) · COUNCIL BILL NO. 30 ON FIRST READING AND TO SET A PUBLIC HEARING FOR MA"\' I, 2000 TO GATHER INPUT ON THIS MATTER. COU NC IL BILL NO. 30. INTROD UCE D BY COUNCIL MEMB ER BRADSHAW • ., I • 0 - • • Englewood City Council April 3, 2000 Page 7 ~ ,,-. • • - ... ' A BLLL FOR AN ORDINANCE AMENDING TITLE 16. CHAPTER 4. SECTION 19 AND CHAJYl'ER 8. SECTION I. OF THE ENGLEWOOD MUNICIPAL CODE 19 85. PERT A INI NG TO THE ENGLEWOOD SIGN CODE . Vote results: Ayes : Nays: Motion carried. Council Members Nabholz. Garrell . Brads haw. W o los~ n. Yurchick. Grazulis. Burn, None Mayor Burns !hanked Ms. Dannemiller. o nce again. for a ll 1he good \\ork ,he ha, do ne o n 1he S1g n Code . (b ) Approval of Ordinances o n Second Reading There were no addi1ional i1ems s ubmi11 ed for approval o n second reading . ee Agenda Item 10 -Con,ent Agenda .) (c) Reso lu1i o ns and Mo1ions (i) E nglewood E n viro nmen1al Founda1i o n Board Member Simp,on pre,cnicd a recommenda1i o n from lhe Englewood Env1ronmen1al Foundauon 10 ado pl a re,olu11on approving 1hc Trammell Crow Residenlial Ci 1yCen1er sile plan and au1h o riz111g 1he Eng lewood E nviro nme n1al Fou nda111,n (EEF) 10 proceed wi1h 1he property sale 10 Trammell Cro" Re,idcniial. He advised 1ha11hi s rc,o lu11 o n" reques1ing Counci l"s s upport of lhe Trammdl Crow Re si den1ial C 11 yCen1 cr E ng lewood rcs1den11al de;1gn . As 1hey saw previously. 111 1he S1udy Session. s taff ha, been work111g very c lo,ely o n lhi s proJec1 for 1hc pasl four mo n1h,. he said . Slaff believes 1ha1 . fo r 1he most part. lhi s proJecl really does mc e 1 mosl of lhe design in1en1 o f 1hi s projecl. We have worked very closely wnh Trammell Crow and wi1h Ci 1y ,1a ff 10 ac hie ve 1hi s. he said. and 1he financial 1mpac 1 of 1hi s projec1 "qu11e s1gnitican1 . With 1he approval of 1h 1>. and o ur abilily 10 cl ose in 1he ncx11en days. 1he C 11 y ,.,11 receive. w 11h 1ransfer of properly sale. SS mil hon 10 further thi s projec l al o ng. So ti doe, have a subs1an1tal va lue 10 lhe Ci 1y. Mr. Simpson no 1ed 1ha1. as he said . they have been working. even down 10 1hc last few mtnules. o n several rela1ed issue s. Al 1hc S1ud y Session he passed oul a couple of pieces of paper for Counci l 10 reference . O ne i;, a le ller IO Trammell Crow regard111g the Alexan Resi dcn1ial Develo pmenl a1 Englewood Ci1yCen1er. A second piece of paper was a s1a1emen1 of ves1ed rights regarding 1he properly. Also. he advised . he ha s some addi1iunal wordtng he would like 10 give IO Counc il and read in1 0 1he record . as pa rt o flh is re so lu11 o n. fo r Council", cons idera1i o n . Direc1or S impson ,1a1ed 1ha1 1h e Englewood Environmen1al Found a 11 0 11 is reques1in g Counci l", approva l 11 1 lhe resolu1i o n 1o nigh1. This will approve 1hc Trammel C row Residenlial Ci 1yCe n1er ,ue plan a nd au 1h omc EEF 10 proceed wilh lhc property sa le IC Trammel Crow Res idenlial. He advised he would be reading 1he mod ifica1io ns 10 1he resolu1i o n in1 0 1he record . Mr. Simpson explained 1ha1. afler all of 1he WHE R EAS"s, Seclion I sho uld be revised 10 read: The C i1 y Counc il of 1he Ci1y of E ng lewood. Colo rado. hereby find s 1ha1 the final si 1e plan submined by Trammel Crow Residen1ial fo r Alexan al Ci1yCen1er . consis1ing of 29 sheel s (as submilled lo us n n March 27'") (C I - as modified by 1he revi sed S1a1emen1 of Ve,1ed Righ1 s presen1ed o n April 3. 2000 -1h rough C5. LI 1hrnugh LS . A3.0 I 1hrough A3 .08 and A~.01 lhro ugh A~. I 1. hcrc111afler ,·a il ed lh c .. S il e Plan .. ). complie s wilh and 1s consis le nl wilh lhe E nglewood Ci 1yCcn1e r P U D a nd lhe Des ign S1andards included 1hercin and has been approved b y lhe C i1 y Manager (or lu s de,ignec) 111 accordance wi1h lhe P UD. Mr. Simpson >1a1cd lh a l i> a ll accura1e . • ' . • I • 0 • • • -------------------------,-.·----------------------------- Englewood City Council April 3, 2000 Page8 • • - Sec110n 2 will remain as it is within the existing resolution. Mr. Simpson said. It reads : The Coty Councol n f the City of E ng lewood. Colo rado hereby recommends the Englewood Environmental Foundati on proceed with the property sa le 10 Trammell Crow Re si dential in accordance with the Sa le Agreement as amended . Section 3 . The S ite Plan as approved herein s hall apply 10 the real property as desc ribed on the Sole Plan and as it may be modified by any required administrative lot line adjustment procedures. Mr . S,mp,on explained that. specificall y. what they are talking about i, the fact that a, we ha ve proceeded there ha,e been a few site design c hange s that ha ve res ulted in what ma y best be described a, an encroachment. A stoop o r something si molar being o ut side of the property line will not be permitted. but \\e '"II adJu;,t th" th rough lo t line adjustments o nce we have the time in the next te n da~s. That ,.,11 be d one pm•r 10 d,hong. he sai d . Section 4. The City Council approves the Statement of Vested Right s as pre,ented at th" meeting and the Statement o n page C I of the Site Plan is modified to conform 10 th e Statement subm111ed at thos meetin g . Mr. Simpson referenced Council to th e Statement of Vested Ri gh t,. \\hoch he pa;,,ed o ut carlocr . We do need to no te that there are a couple of changes to thi s language that \\C dod not agree 10 th" aftcrnc on th ,11 need to be noted and they will need to be modified for thi s statement. Specoti,·a ll y. eight lone, down. we are talking about a vesting period of three years. no t four years . And comme n;,urate "1th that. as you move down. yo u will find about half way down a se ntence that sho uld read "'S Iie Plan ,hall remain ,e;,ted for an additional three years beyond s uc h three year period ."' Moving down 10 the very last se nt em:cs there,, so me la nguage that was no t completel y agreed 10 thi s afternoon a nd therefore . he >lated . "e are sugge,t1ng stri king all of the language after the wo rd property. He said it wi ll read "'as s uc h plat i, expected to be revised 10 conform s ubstantiall y to th e le gal desc ript ion of the property."' We are striking the remaining language. he sa id . Mr. Simpson advised that the best way to de sc ribe the Statement of Vested Right s is that II is th e assurance to the deve loper that standards and regulatio ns and what we are approving here will not be t·han ged b) 1he City. So. he sai d . thi s provides a \"ery good level o f assurance to the developer in th is procc,s . Mayor Burns stated that City Attorney Brotzman had advised him . just before we sat d o \\n, th at there "ere so me c hange in the State law la st year regarding vested right s. He asked Mr. Brotz man if that wa, right. Ci ty Att orney Bro tzman confirmed that that is correct. Mr. Simpson stated that this is no t an atypical request. He no ted we d o n 't ha ve enough de,elopment ,nth" Ci ty. typica ll y. to have seen muc h of this occ urring . but with a project of thi s s ub stance II is very mu c h a standard that you would expect. Sect,on 5. The City Co un cil finds 1ha11he Si te Plan consti tute s a site specific development plan a nd a d evelnpmenl agreement between th e Ci ty and the applicant in accordance with Colorado Statute,. Section 6 . C ot y Co unci l will ho ld a public hearing May I . 2000 10 further establish the vested right s created by th e Site Plan . Mr. Si mpson explained that the Statutes call o ut that there must be a publication fo r publi c hearing a nd after that pubhc hearing is held then a s ub se quent publishing of the vested rights language will occur fo urt ee n days thereafter. So that is what thi s does. he said. and then at the end of that it will constitute a site ,pecofic devel o pment plan as defined by State Statutes . Mr. S ,mp,on said. just so everybody is also very c lear . as we approve thi s tonight we believe. and what we ha ve portra yed to Trammel Crow. is that thi s. in o ur o pini o n. d oes already constitute a vested intere st in the property and we are ready to proceed. But . he explained. we are proceeding with thi s 10 continue to give a greater leve l of comfort 10 Trammell Crow's lenders. • I • 0 J • • -• .. ~ . ...- • •, .. .. • -' Englewood City Council Apri13, 2000 Page9 Sec1ion 7 . Ci 1y Council approves !he Sile Plan subjec l to 1he addilional following condili o ns : a . Prior 10 TCR 's purcha se of the subject pro pert y. !he C it y and TCR will enter int o a Memorandum of Understanding (MOU) concerning interpre1a1ion of !he building and fire codes. b. Constructi o n drawings for 1he property mu s! compl y wilh !he applicable building and fire codes. cons1ruc1i o n codes. as they may be clarified in 1he MOU . c . Construclion drawing s for the property mu s! sa1isfy the written commenb da1ed March 29. 2000 fr om !he Building Di visio n of 1he Ci 1y . d . The we s1 wall o f the parking struc1ure o n the wesl parcel o f 1he property sha ll. al 1h e devel oper s op1i o n. either (i) be painted 10 malch 1he s 1ucco po nio n of 1he wes1 apanmenl building o r (ii) be decora1ed with public art selec 1ed and applied under a process similar 10 1he process currenlly underway for the nearb y W al-Man properly . and if the devel o per elec1s o pli o n (i i) 1he devel oper will contribu1e up to $50.000 for design and installalion of suc h an and 1he C i1 y will ma1 c h s uch contribu1ion. Sec11on 8. Ci1y Coun c il direc1 s and authorizes !he Ci 1y staff 10 implement th e condi1i o ns sc i fonh under Secli o n 7 above. Sec1i o n 9 . Ci ty Counci l authorizes and direc ls the Ci1y Mana ger to sign and deliver 10 TCR 1h e letter from the C i1 y to TCR dated April 3. 2000. Mr . Simpso n aid he agai n references 1he Alexan Re si de ntial Development. Englewood C 11 y Cent er. Thi s lcncr specifica ll y goes in10 e s se nti a ll y adminis1ra1ive is;uc s thal TCR fell were importanl 10 have clarified a nd slrengthened through wriling . bu1 s peci ficall y we are address ing bu ilding code . 1ime ly rev iew and approval. financing publi c improvement , s uch as 1he s idewalks that we are alread y committing 10 do. ves1ed righ1 s that we are committing lo do he re 1o nigh1. RTD improvements. parking. utili1ie s. cond o minumiza1i o n. no bu s traffic o n interior streets 01her 1han o ur s hunle buses . vaca11on o f easements . pcrmil dcvel o pmenl fees and timeframes. So . he sa id . 1ha1 is wh ,11 that letter will be ac commoda1ing . Council Member Brad shaw slat ed she was confu sed o n number 10 in the Trammell Crow letter. She no1cd it says .. The City will not permil Englewood Parkway. Galapago and Inca Streels adjacent 10 1he Projec1 10 be used for an y regular full -size bu s service ... Mr. Simpson sai d 1ha1 is .-n rrecl. In respo nse 10 M,. Bradshaw. Mr. Simpson sa id 1hal Floyd will b~ the primary access and !he only thing we would see occurring. potentially, is 1hat the shuttle servi ce we are looking int o . would po1en1ially go do wn 1hose in1erior street s . Coun c il Member Garrell as ked how the bus 1ra ffic will come eas1 bound o n Hampden . 285 . Mr . S impso n advised 1ha1 ii will be easl, !urning o n Ela1i go ing no rth 10 Floyd and E la11 goi ng to Fl o yd and 1he n ba,·k in and out o n that rou1e . h will no1 be coming in 10 1he property. Ms . Brad shaw no 1ed 1ha11he y can·, ac.:e s, i1 o n Fox an ymo re . Mr. Simpson stal ed the y ca n·, go no rth afler Floyd because 1ha1 s1ree1 is bl ocked . In re sponse to Counc il Member Garrett. Mr . Simpson explained 1ha1 Sec1ion 3 o n th e re soluti o n becomes Sec1ion IO whi c h read s: Thi s re so lu1i o n s up po rt in no way wai ves or delcga1 es 1he Ci ty"s regulal o ry powers. duties and re spons ibilili es wi1h re s pec l. 10 zoning and governmental issues . Mr. Simpson ad vise d that staff is av ai lable to answe r questi ons and 1hey are reques1ing approval of !hi s re so lu1i o n to nigh1. Mayo r Burns asked if there were any questi o ns or comme nl s . Council Member Garrett a s ked if !he C i1y contribu1ion match addressed in Seel io n 7 (d) wa s jusl rece ntl y offered in the Study Sess io n . Mr . Simpso n sa id no. 1ha1 that goes back 10 1he is,uc when we tirsl s1aned talking about thi s. We have been s1ruggling with the de s ign related iss ue s o n 1ha1 parking struc1urc. he said . h is a diffi c ul1 issue and we are all ve ry cogni zant o f 1he budge! for thi s proj ect and ii is light. Bui . he • ' ..: 4 . , I • 0 • • • Englewood City Council April 3, 2000 Page 10 . ~ •,. .. ~ ,,-. • • -' noted. what we are tr yi ng to do is tryin g to figure o ut ho " to make II look mo re a nrac u ve . Mr. S1mp,o n stated he offered up . as we did with the Wal -Mart proJect . that o ne way we might approach thi , wo ul d be to maybe be highl y creative . things that no ne of us are thinking about and ma ybe s ugges t look in g a l 11 a, a public art wall and figuring o ut so mething very unique . He advised th at o ne thing Ro n Straka ,ugge,tcd a lo ng s inuo us curve that would go the entire len gth . ma ybe have it become a piece o f sculpture and li ght th e wall in an interesting way. That 1> o ne possible opti o n. he ,aid. and there are probabl y a milli o n o ul lh l!rc . Mr. Simpson said . as th ey did with th e Wal -Mart proJCCI. we req uired them 10 ante up $50.000 and we matched that. With thi s particular project . he stated. he s uggested that initiall y. He no ted that Frida) he was able to get a commitment that we wo uld go forward with th at. but Trammell is wanting to make s ure that the match is there . Council Member Garren sa id . ""1th res pect to (d ) he would like to . personall . see at least o ne mo re . because thi s sa ys th e de ve loper ha the o pti o n of d o ing (i) o r (i i). He stated he wuuld like w ,cc the C ,1, have somewhat mo re input into that . as opposed to a developer o ptio n. Mr. Garrett s aid he \\Ould li~c to see an alternati ve (iii). which is so mething yo u haven't th o ught of yet. which i, something mutuall y agreed to between the two parties . Mr. Simpson said o kay. it will be (iii) and the minimum co,1 \\Ill stil l be in th ~ same ballpark . Council Member Grazulis a,ked about the approximate len g th o f th at parking fa c ilit y . Mr. S1mp,o n said 11 is abo ut 150 feet and it is essentially a three sto ry building. whlt"h puts II al abo ut fort)-1'"' kc1 Mr. Simpson opined that it is a difficult iss ue. but there is some real exc it e ment there 10 p,11e n11all ) 1a~,· .1 very unique approach . Mayo r Burn, sa id he thinks it ha s a huge po tential and we can do ,omelhin g ver~ unique" 11h this . Council Member Grazulis commented that 11 ,s o ne mo re presence of the arts o n the proJe,t. Mr. Simpson advi sed that he has bro ken the news to Miller Weingarten and sugge sted. 1f 1h1 s meet s w11h Council's approval. we might be looking at introducing art with all the building, and ;,eei ng h,J\, that works. Ma yor Burn, sa id th at i; an excellent suggestion . City Manager Sears no ted he has no t had a c hance to totall y review the le11cr in detail. I le ,aid within the paragraph of item 2. Timely Review and Approval. it says "It is the City 's desire th at con,1ruc11 o n of your Project be "ell underway when the C 11 y hosts a nati o nal conferen,·e o n light rail facil11ie, in October 2000. Accordingly. comments and markups o n yo ur constructi o n d oc ument s will be returned 10 you" 11hin three weeks fr o m the time yo u ,ubmit yo ur initial set o f construction document , and w11hin ""' week> after )OU submit any s ubseque nt revi sums ." He sai d he just wants to make s ure that the C it y s taff reviewed thi, and will be able to compl y with thi s requirement. especially since the y arcn·1 goi ng 10 able 10 fini sh that section of the project pri o r to the conference . He wo ndered if we are putting o ur,ehe, in 1no 11 g h1 of a bind . Mr . Simpson thanked Mr. Scars for that concern . However. he said . he think, thi s i, reasnnable . We have talked to the Building Department and Lance Smith may want to address tha t. What we had tri ed to verify. Mr. Simpson said. is that o nce we ha ve a .:omplete submittal of constru c ti o n d ocume nt ,. those will be forwarded to an o ut si de review agency and that will take a maximum of twenty-one days. three weeks. and upon conclusion of that review. it would be returned to the developer and they would make the c hange,. the revi s ions. as required . a nd o ur ,ccond re view time period would o nl y require an additional two week period . That is ho w our consultant determined the timeframe,. City Manager Sears commented that thi s is a pre11 y o nero us respons ibilit y and we just need to make s ure. fr o m the staff , s ide . that we arc ab le 10 comply with that. Mr . Simpson asked Mr . Smit h if he was comfortable with that. C hief Building Official Smi th said yes, he ha s been ass ured. b y the o ut s ide consultant s that arc going tu d o the re view. that fifteen working days is adequate . • ' . . I • 0 J • • -• Englewood Cit,· Council April 3, 2000 Page II I '"~ • ,. _. • • - .. .. ' Ci1 y Manager Sears as ked if 1hi s wo uld al so meel all 1ho se 0 1her n:views . 1he engineering re views . th o,e o rher requirements. Mr. Simpson explained tha1 what this is contemplating is 1ha1 o nce co ns1ruc 1i o n doc uments arc submitted we wo uld have th o se three weeks to review . During 1ha1 same time period. he said. all engineering comments would have to be acco mmodated. He pointed o ur tha1. primarily. o ne o f the difficulties of these last several weeks is that many o f 1ho se co mment s ha ve alread y been addressed and 1ha1 is one of the things we have been wo rking so hard o n. so lh.it sh o uld be a lot easier o n a 10 1 o f o ther areas at this nexl juncture. Council Member Nabholz commented that she wa s gra1eful Ci1 y Manager Sears broughl thal up a, ,he ge" concerned with this kind of a timeframe . that rhrough the perm111ing proce ss. and everything else . 1ha1 \\C don't lose sight of o ur constiluents o ut there that al so ha\'e building need, and we are no l gi vin g verbal approvals. that we are actually o ut o n s ites and address ing lhe,r need s . Yes. s he said . rhi s 1s a bi g proJecl. but we also have cilizens out there wh o need their s ire plan reviewed and apprnved IOO . Ab ,olu1cl y. Mr. Simpson said. and he thanked her for that co mment. He advised thal o ne o f !he 1mpor1ant 1hmg s 1ha1 wa suggested here was that we give priori1 y review and approval 10 Trammell C row and 1he C 11 y feil 1ha1 we could not provide 1ha1. Obvio usly. he said. we are go ing to give absolule pno ri1 y a s mu c h as we can . bur obvious ly we have ot her constituents o ut there and we have cirizens 1ha1 have equall y as 1mport a n1 . to them. projecls . So what we will be doing. he said. is making sure that these mee1 wirh cons ultant s m 1ha1 three week time period and we will continue to give good service for sire plan 10 o ur exi stin g conslituent base . Mayor Burns co mment tha1. indeed . o ne o f the reaso ns !hey can do rhi s is !hey will have an o ut s ide consultant reviewing their plans. 11 w,11 no 1 be just the Slaff. He asked if 1ha1 wa s correc 1. Mr. Simpso n said yes and that is helping a lot. He no ted a lot o f this is being farmed o ur and we will still be able to accommodate more of !he dail>· need,. Mr. Simpson staled thi s projccl ,s large and difficult and that is one o f the reasons we have cho ,en thi s ro ute . Mayor Burns a sked if there were any o ther ques11 o ns . co mment s. s ugge s11 o ns or change;. Being no ne. he asked if there was a reco mmenda11 o n 10 ado p1 th e resolutio n as we ha"e no " dratied it. COUNCIL MEMBER GARRETI MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 k) (I)· R~LUTION NO. 40, SERIES OF 2000 AS NOW DRAFTED. RESOLUTION NO . 40. SERIES OF 2000 A RESOLUTION APPROVI G THE TRAMMELL CROW RESIDENTIAL CITYC ENTER SITE PLAN AND AUTHORIZING THEE GLEWOOD ENVIRONMENTAL FO UNDATION TO PROCEED WITH THE PROPERTY SALE TO TRAMMELL C ROW RESIDENTIAL. Vote results: Motion carried. Ayes : Nays : Council Members Nabholz. Garrett . Bradshaw. Wul o syn . Yurchick. Grazulis. Burns None (ii ) Mayor Burns advised thal this item is a recommendarion fr o m the Ciry Manager's Office 10 approve. by mori on . a temporary agreement wi1h McLeodUSA Tclecommunicalio ns Services . Inc . Council Member Garrett stated tha1 he would be abstaining from this as hi s employer is a l;o a 1elecommunications provider . • ' ~ ~ I • 0 ] • • -• Engle.,·ood City Council AprilJ,2000 Page 12 I• ,,- •,, ~ ~ • .. • -' Assistant City Manager Flaherty advised that he was present to request support fo r a temporary agreement with McLeodUSA. McLeod 1s a teleco mmunicatio ns servke provider and they wo uld lik e to begin insulation of a te leco mmuni c atio n facilit y th ro ug h the Ci ty o f EnglewO\xl . Thi s primaril y means the la ying of cable in o ur public right-of-ways . T here are a co uple u f reason .. One. they will be eventua ll y seeking customers for residential and commerci al. loca l and lo ng distance. telepho ne service in thi ;, area. a s well as the fact that Englewood is in their no rth south access for their system through metro Denver. The request for the temporary agreement is in li~u o f the fact that we do not have a c urrent o rdinance that take s into cons ideratio n multiple providers utilizing o ur right-of-way. The Greater Metro Telernmmunicatio n Consortium is working o n a model nght-o f-\\a. o rdinance. however. that will no t be prepared for ,everal weeks. Mr. Flaherty said they will pro babl y bnng that to Coun c il in the late s pring o r early s ummer. M cleod ha, indicated that th e y ha ve a strong interest in getting their system laid th ro ugh E ng lewood and they have provided us with , bas icall y. an agreement that matc hes the GMTC model o rdinance that will be fort hcomin g. as we ll as adhering 10 state . federal and local laws. as well a s o ur o wn building perm11 s and o ther right -of-way regulati o n, Mr. Flaherty explained that there will be no immediate financia l impac t from thi s activity. however. at some point when McLeod is providing services 10 E ng le\\OOd res ident,. "e will be looking at al so providing Co uncil with a n amended occ u patio nal ta x o rd,nan,e fo r ut1ht1e,. He said there was a representative here to night from Mcleod to answer any questio ns Co uncil m1gh1 ha,e . Abo_ he advised . the Publ ic W o rk s Department. Ci ty Anorney·s Office and Ut1l1tie , Department ha e re v1e\\ed the permit and approved it. Council Member Brads haw asked if this involves digging up o ur street s . Mr. Flahert) ,:11d II may. II will in some case . H~ advised he did not think this was all undergro und. but th» '"II inc lude la )ing cable ,n the streets. in the street right-of-ways. Ms. Bradshaw sai d she has no problem "11h that as lo ng a, the patching is done correctly. Assistant City Manager Flaherty stated that he was s ure the manager o f Public Wo rk, has that same concern and he has reviewed the agreement and concurred "11h the agreement a, "nllen. Mayo r Burns asked if Mcleod is paying fo r all of the in,tallatio n . A,sis1ant C ,t y Manager Flahert) ,:11 d yes . Mayo r Burn, asked if th ey are anticipating the occ upati o n ta, lat er. C 11 y Allornc) Brown:1n ad, 1,~d we will be looking at the occ upati o n tax as well. that it is coming up ,n May o r June . Council Member Yurc hick asked if the y will be stringing thi s everywhere o r 1f the y are JU t go,ng thro ugh Englewood . Assistant City Manager Fla herty said he wasn 't ure about their 1n1t1al plan,. I-le said he thought . from their-prosJ)C'·tive. that they would li ke to provide service to everyo ne in Eng le\\nfxi that wants the service . The initial permit is to pro vide them with a no rth so uth acce;s th rough th e C11y . At some point. he said. the y ma y be providing service to individual res idents . C urrentl y. Mr. Flaherty said. most o f what th ey are d o ing is through leased lines fr o m U .S . West. Co unc il Member Yurchkk asked where they want that north south access . Mr. Flahert y ,aid he wa, no t s ure o f what the actual plan is. that he has n 't seen that at thi s point. but th at is ,omethmg th e y c an provide to o unc1l o r perhaps the representative could provide us with that informatio n if they ha ve II to night. He sa ,d he was not s ure. Bob Duchen. of River Oaks Communications. advised that their compan y is a cons ultant to Mcleod . I-le advised 1ha1 he did not have a direct answer 10 Counci l's question to 111gh1. that he ,poke with the gent leman who is in charge of network construction in the Denver metro area . What he anti c ipa tes 1, that initiall y McLeod will .eek permission and work closely w11h C 11 y s taff. so th at McLeod ca n provide th rough working wnh Ci ty staff sec uring permission so that they can construc t o ne a nd a half mile, o f pl :rnt. A s the gentleman before him said . McLeod ha s a leasin g arrangement w11h U .S . We,1 and th at e nabl e, McLeod 10 utilize U.S . West facilities 10 tran sfer telephony traffi c over U.S . West lines. A t some point McLeod may come back 10 the City. through the permitti ng process. and ask for s ubseq uent perm1s,ion to do direct constructio n 10 o ther locations within the City. But 11111i a ll y. he said. th e plan i, 10 provide a game plan s uc h that they could do about o ne and a half mile, of underground con,truc 11 on. Counc il Member • . I • 0 • • • Englewood City Council April 3, 2000 Page 13 ,-.,,, ,,-. • • - Yurch,ck asked where 1he y will be doing 1hi;,. Mr. Duchen sai d he did nol have 1ha1 informa1ion. 1ha1 he did nOI have a map wi1h him . He sai d he ca n 1ell him 1ha1 lhe des ign plan for lhe entire melro area i, al a poim now where ii is becoming closer 10 finali za 1i o n. but he does no l have 1ha1 informa1ion "i1h him 1onigh1. Mayor Burns no1ed thal. for inslance. if II is d own Broadway o r some1hing like lhat . we are going 10 be working on Broadway heavil y 1hi s s ummer. He asked if Council could find o ul as soon as possible where 1his is. Council Member Bradshaw asked if 1he y sho uld wait umil Council receives 1hi s informal ion and 1alk abou1 1his al lhe nexl meeling. Council Member Wo losyn asked if 1h1 s mean . if o ther companie s in the fu1urc will \\ant 10 do 1h1 s. if 1h1 wi II be endless. Mayor Burns advised thal thi s is a big i s ue fo r muni c ipah1ies of ho \\ man y people can cul yo ur s1r~c1, and how many people ,an come in and la y lines. Council Member Bradshaw poin1ed o u11hat we c harge citizens fo r pa'"in g di,1ric1s and th a1 i;, her c o ncern . If it is a bad palch then 1he cilizen doesn·1 gel whal they pay for. Mayor Burns commemcd 1ha1 1ha1 is up 10 1he Ci1y to enforce and inspecl. Assislant City Manager Flaherty advised that Leigh Ann Hoffhines Just informed him thal the righ1 -of-\\a y ordinance that is being prepared by GTMC will take im o acco unt thal issue spec ifi call y and lay o ut th ose rou1es that 1he Ci1y will accept for 1horoughfare o f th ose cable lines 1hrough the C it y. Clearly. he said. as soon as we have information fr o m McLeod on their des ires and Public Wo rk, ha s approved those. we ca n provide that informa11 o n to Co uncil and we will do 1ha1. Ma yo r Burns ,aid he kno ws o ne ,,sue has been tha1 >Orne c u,e have had 1hc problem of companies comin g in and sa ying we are JUst going 10 cut yo ur ,treet and we d o n·, care whether you like it o r no l. Then anolhcr company come;, and the \\a nt to do lhe same thing. Ma yo r Burm, said he 1hinks 1ha1 the purpose o f the o rdinance perhap,. , to ha,e some kind of cont rol over thi s . As 1stan1 C ity Manager Flaherty ,a,d that is exac1ly wha1 that ordinance "ill d o . Council Member Wo lo;yn sa id ;,he \las wondaing ,f Cuunril "jumping 1hc gun by approving something that ha, no t been th o ught ou1 ,n an o rdinance . Council Member Brad;,ha\\ >1a1ed she \\Jnt, In know where 11 1> before ,he can vote o n ii , thal she wants to kn ow the ro ute before ,he can ,0 1c on n . Mr. Duchen said he under iands. but he \I anted to point o ut o ne thing in the pro posed teller agreement with City Council. He ,lated that the agreement provides that McLeod will adhere LO all applicable Ci1y permitting requiremenls. com,lrut'llo n ,1andards. and 1he manual o n Uniform Traffic Control Devi ces. The purpose of tha1 is ,u,·h. he ,a,d. that even ,f Counci l were willing to give them approval o f the letter agreemenl tonight . i1 "'not. in a sense. a blanket authority 1hat o bviates the need for the permitting procc,s. He stated that McLeod still need to come in and work with 1he C i1 y staff very closely in terms of where lhis route will be and 1ha1 ,s ,ubJeCI 10 wo rking with the public wo rks and engineering folks . He said he does understand Counc,r s concern . Coundl Member Yur,·h,c k ,1a1ed that he thinks ii is more 1han just that. He 1hinks they need to discus s thi, when we open the d,)Or 10th,,. He no 1cd i1 ,s no1 jus1 McLeod. that 1here arc a lo t o f peo ple that wan1 IO la y lines and gel ,mo 1he 1elecommunicatio ns bu sine ss . • ., I • 0 • • -• En«~wood City CouncU April 3, 2000 Pal(' 14 • -· • • - Council Member Wo lo,yn no ted 1ha1 all o f 1he,e fine s point s will be cons id ered when the y "'ntc the ordinance. .. Council Member Nabho lz ad \'ised that 1his ha; been a hot to pi c for several years at NLC. a ll th e me sses that some o f these mun, 1pah11e, ha,e gunen int o . She lated s he is real leery to move o n thi s to night. Mayor Burns said that he knO\\s the Consortium ha s been working on this and he would feel more comfortable if we had their ordina nce . He as ked City Att orney Bro tzman if he had reviewed thi ,. Mr. Brotzman said he ha, rev1e\\ed th is letter and we have a draft o f the C ons ortium o rdinance and \\hat \\Care trying to do is coordinate that ordinance \\Ith all o f our c urrent permitting proc esse s and to coordinate making sure all o f the street cut, happen at the same time. or as cl osely as we can . tu ha,c all th ose ,en 1cc, that need to lay a line ... when yo u la y a street c ut. do II then . Mayor Burns asked why they need the temporary agreement . City Attorney Brotzman explained that the y are saying that they are going to fo ll o w all o f the rules o f that proposed o rdinance . He s:11d he docsn ·1 see any need for changes. currentl y. for the City of Englewood. however. Ken Ross is in charge o f street ,·ut, and he hasn't talked to Mr. Ross and he doesn't know what his feelings are about coordinating th ose street cuts or how that ordinance will coordinate with o ur current ordinance s. Mr. Brotz man ad vised that what McLeod is saying is that when yo u get that ordinan,,e do ne we are go ing to li ve by that law. we are going to live with what you have currently and we are go ing to li ve by the GMTC proposal. Council Member Bradshaw asked wh y Council has to approve a temporary. Mr. Duchen asked if he could address the question . He explained that the reason for the request is that McLeod is talking with a number of cummunitie5 in the Denver metro area and attempting to la y o ut hi s construction plans and engineering design on a metro-wide ba. is . The co mpany would like to start construction here in the City within the next 30 to 45 days o n thi s o ne and a half mile segment he referred 10. Council Member Bradshaw asked how long McLeod has kno wn about this. Mr. Duchen said he did not know, bul !hat his company has been invo lved in the process for roughly the la st 30 to 45 days. He advi sed he could not speak to the question of how long they have known about this . They arc wo rking o n construction on downtown Denver and they have approached a number of c o mmunities in the metro area and again . he said. we are here 10 work with the communities. Council Member Bradshaw said she understand s that . but she ques ti o ns an eleventh ho ur appeal and ,he questions not knowing where they are go ing. City Atto rney Brotzman said he thought the main problem was that we do n't know where the street c ut i, going to be . If they knew where the street cut was go ing to be and they said they are go ing to live within all of your current laws and the proposal of the GMTC. it is real eas y if you knew what Slreet it wa s go ing to run down. Mr. Brotzman opined that if the y co ntinue it to the next meeting that probably meet s their timeframes and allows Council lo get the informati o n. Council Member Bradshaw stated she need s more information . Mayor Burns stated he tho ught they all felt a little uncomfortable . Council Member Grazulis said she felt the same way . She noted we have do ne so many things with Broadway now and we have so many plans. She said she wants to know where it is go ing to be . Mayor Burns commented that he thought Co uncil was generally in accord with what they are doing . • I • 0 • • • Englewood City Council April 3, 2000 Page IS •~ '".. • • - Council Member Bradshaw noted that pro bably Counc il could gel back 10 them in fo uneen days. th e I 7'h o f April. Mr. Duchen advised he would gel together with !he cons1rucuon people and see if the y could prov id e Cny staff with a la yo ul of where thi s proposed one and a half mile s o f conslructio n wo uld be and sec if 1ha1 meets with the Ci1y staffs approval and then come back again and seek Council"s apprO\al. Council Member Bradshaw said 1hat would be tine . Mayor Burns said he 1ho ugh1 that wo uld make Co uncil feel mo re co mfo nable . He !hanked Mr . Du chcn . COUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECONDED. TO CONTINUE TO APRIL 17, 2000. Aye s : Counc il Members Nabho lz . Bradsha". Wo losyn. Yurc h1 c ~. Grazuh ;,. Burns Na ys: None Abstain : Council Member Garrett Motion carried . 12. General Discus.~ion (a) Mayor's Cho ice (i) Mayo r Burn s advised that o n 1he :!3 'd of Marc h he attended the Sou1h Meiro Chamber of Commerce breakfaM o n 1ran;,i1 oriented de ve lopmenl and Counci l Member Grazulis was !here. He said he spoke and whal the y were mainl y tryi ng to convey Ill the auendecs wa s "ha11ra nsi1 o rient ed deve lopment is all about . a s o pposed to big box r,=ta1l. He 1ho ugh1 the y reall y d id open so me eyes abo ut what we are do ing wilh our development. Counc il Member Grazuhs agreed . Ma yo r Burns nmed !hat 1he y did no! quite understand whal "e were do mg and the y rece ived a lo t of commenl s fr o m people afterwards that they really had !heir e)es opened as 10 how unu,ual and different o ur de ve lo pmenl 1s . Mayor Burns said that al so 1ha1 evening he and Council Member Nabho lz auended the event at the Marr io n So utheast where Pcrkie Allen wa s g1wn the Minoru Yasui Communi1y Volunteer Award . whi ch wa, really a neal event. He noted a 101 of M,. Allen ·s friend s were there . !here were a lot o f good commen1 s and she looked te rrific . Ms . Allen got up and ;,po ke and s he wa, a, fo rceful as anybody in 1he place . he said . She ha s volunteered for Sewall Rehabil11a1i on Hos pital for fift y years. which. he sai d. is j ust incredible . They s tarted with virtually no lhing when s he siart cd. j ust a few kid s and a 1hcrapi st and no w !he y ha ve 400 o r 500 kid s 1ha1 !he y work with . Mayo r Burn s commenced that she was just d ynami1e and it wa s a ve ry nkc event. (i i) Ma yo r Burns no ted 1ha1 Sunday he just happened 10 be li stening 10 KN US in !h e afternoon and the y had an hour long program on golf. which wa s being broadcast directl y fr om the Englewood G olf Course. They introduced the staff and told about the facili1ies . He sa id it wa s gre al publicity for the golf course. (iii ) Mayo r Burns ad vised that the Metro Mayor s Caucus mer o n Friday and o ne of the big to pic s was open s pace. He stated !here will be an initial meeiing , in a couple of weeks. o n Arapahoe County o pen s pace. He commenced o n how sophi sticated 1his has gotten and no ted thal Jeffe"o n County·s program is 1went y years o ld and ii is really terrific . Mayor Burns s1a1ed that Jefferso n Co un1 y has purchased more of their o pen space and Douglas County has more conserva1i o n easements . He no1cd !here are some very sophisticated programs. He said Council probably saw in the paper about !hat huge ran c h. 21 .000 acres . in Douglas County, that has been preserved. He said !here are two pages o n DR C OG "s Open • • I • 0 • • -• Englewood City Coundl AprilJ,2000 Page 16 ,, • • - .. .., Space Preservatio n Program and they coordinale with !he 01her communit ies. Arapahoe Counly is jusl getting started on lhi s and. he said. he was 1old by the Jefferson Coun1 y Exec u1i ve Direclor. 1h :111hey ha ve cons ult ed exlensively with Jefferson Count y. so ho pefully 1hey can gel a fast s1ar1. Mayor Burns commented that Jefferson Count y and Dougla s Counl y ha ve wo nderful fo re sted areas a nd footh ill s and a ll that so rt of thing that reall y lend s itself 10 thi s and Arapa hoe Counly is so urbanized. except fo r th e far eastern part. We are gelling a pretty lalc s1ar1 on thi s. he noled . and of cou rse Englewood 1s land loc ked . He sai d he was hopeful that Arapahoe Count y would be doing a 101 more afler getti ng a very. very la1e ,wrt on th is. Mayor Burns said he would pass around a broc hure they received abou1 1h e ozone. which 1s a summer problem. It occ ur s in the warm days of s ummer. from nitric oxide and vo lat1le o rganic r hemicals and s unshine . The brochure has directives and g uid eline s aboul e\'en running !he la\\ n mower; a nd Otha lhin g, you do in the s ummertime . Mayor Burns said the y lalked. again. about parking ,n lhe southwest corrid o r for 1he hghl rail. He no 1ed there is a 1hree day period of free service on 1he hghl rail when 11 open,. l'TA ca me o ut and !old !hem !he y had a o ne day event in Baltimore and St. Lo ui s and the y "ere oven, helmed 101a ll y and a 101 o f people couldn't use the light rail and they were turned off because !he) couldn 't u;e 11 . They adv1,ed 1hat we nm make that mistake. that we should do the three da) thing . Ma yor Burn, ,aid he ;ug ge,1ed 10 Ci ty Mana ger Sears Iha! we m1gh1 even want IO have ~o me good "111 amba ,adur, o r so me1hin g out 1hcrc for Engle\\ood. welcoming people to the development. to 1he ommunit ) and ma~mg sure \\C do n ·1 have so me unhappy people. Regard ing the parking problem. he adqsed 1ha1 al Marce lla ,aid 1hc) are ,till 1r y1ng 10 lea,e lob. extra lots and so fort h. whi ch is s 11II ,n the in111al ,1age;,. Bui 1hcre """ a good pnigram on 1ha1. Mayor Bums advised !hat he received a plaque from 1he Metro Maj or', tor cha inng for l\•O ~ear,. lie advised Council !hat he appreciated their help and ;,uppon (bl Council Member's Choice (i) Counci l Member ahbolz I. She stated thal Perkie Allen 1s reall) an m,p1rat1 o n and a v.o nd crful "o man . She ,a id ;,he \\a, a mazed at all of her accomplishment,. She co mmen1ed tha1 M,. Allen "a, full of e nergy and she real I) amazed at her yeaffi of dedication and cumm i1men1 . not o nl y to the Sewall Ccn1 cr. bu1 to the C 11 y of Englewood. 2. She said that when she wa, al NL C ,n Dece mber she wa, talking IO 1he Housing Authority fr om the C'i1y of San Jose. She noted ,he received in 1he maol . fr o m the C 11 y of San Jose. a ca lendar whi c h 1hc y have put together s ho wing lhe ncighborhooo, and the improvements the y have made. They ,aid th ey ha ve received s uch an o utpouring of ;,upport fr om 1he c1 11 ze ns that it j u,1 started a rcvitaliza11un and rejuvena11 o n of some really lorn up nei ghborhoods . Ms . Nabholz sai d she jus1 fa scinaled. 1hat there are reall y some ncal pictures and some in spiri ng stories . She sa id she wo uld turn 1he ca lendar over 10 Bob Simp,on for them tu look at. 3. She advi sed that she received ano1her ca ll la1e Sa1urday nigh! regarding S & H Concrele. Evidently. she said. the y are dumping and rinsing o ul !heir 1rucks in10 our s 1orm sys1cm . Ms. Nabholz said she !o ld him that she didn'1 know what 10 do. tha1 ii "'asn·1 reall y a police i,sue and he said i1 happens between 7 :00 a .m. and 8:30 a .m . every morning. Ms . Nabholz said s he advised him thal we can't reall y lie up Code Enforcemenl. He to ld her ii wa, also on weekends. She advised him 1ha1 we ha ve a ske le mn crew of Code Enforcement o n weekends. 1ha1 we are workin g o n it and the Ci 1y is very muc h aware of the problem. She said he has !urned over film and pictures and everything 10 o ur As,istanl Ci 1y Manager Mike Flaherty. Ms . Nahbolz ad vised that he is up sel 1ha11hey are using the C i1 y water and the ci 1i zens are paying for !hat water. S & H doesn 't have to pay fo r !hat water to dean their lrucks and !hey are upsel 1hat • I • () • • -• Engle,.·ood City Council April 3, 2000 Page 17 " • • -... they a re cleaning the tru cks into o ur storm syste m. So ii is a concern and she said she kn ows Mr. Flaherty has been addressing ii. Ms . Nabholz appla uded Mr . Fla herty for hi s efforts lo address this . Counci l Member Yurchick asked where the y are doing thi s . Coun ci l Member Nabholz advi,ed ii is on Union. lhal S & H Concrete is located over there by Waste Management. Mayor Burns as ked if the y ha ve been cited and if we ha ve an o rdinance regarding this . Ci ty Manager Sear; asked if Mike Flaherty or C hri s Olson could respond 10 thi s. D irecto r Olson advised 1ha1 th ey are "orking together o n ii. trying to identify the issue, and 1ha1 it seems like ii is. primarily. a utilit y type problem . But. he said. we are working togeth er. we are well a"are of the problem and ii is a maller of confronting !hem and gelling them 10 comply. Counci l Member abholz thanked him for 1ha1. City Manager Sears ad vised he would gel back lO Council and thal he knows they were ci 1ed la,1 year. Council Member Nabholz opi ned thal we don't need any more ve rbal commi 1men1s. 1ha1 "e need something in writing and we need 10 start cuing. Mayor Burns noted that it is like ""ell. when they are nol looking we will start again ." Council Memhcr, Nabholz and Bradshaw said that ,s exa 1ly "hat 1> going o n. Council Member Nabholz commented tha11he folks o n Uni o n are ac 11 vely taking care o f 1ha1 neighborhood : 4 . She said she "anted 10 say she has had personal experience " 11h Greg Weaver and 1ha1 he ,s a wonderful fireman and paramedic . Also she wanted II) acknowledge Officer Mitchell. She noted her ,on 1s totally in love with him. as he read, al Bishop . Officer Mitchell likes fo r Nicholas 10 bring in hi s Tom Clancy books. Ms. Nabholz also applauded Ken Gates who was recognized by the Elks. (i 1) Co unc il Member Garre111hanked all of the Ci1y employees who worked very hard 10 get the Trammell Crow project o n line for C it y. They have put in a lot of work the la s! fo ur mu n1h ,, consi dering al the same time !he y are working with Trammell they are working with another developer on the project. So. he said. he wanted to thank them for a ll of their patience. Ci ty Manager Sean agreed that staff ha s really dune a great JOb. especially Bob Simpson. (iii) Co uncil Member Brad s haw : I. She said she would like to second wha1 Doug Garren said . S he no ted it is really nice lo work with a class act. 2 . She said she menti o ned la st meeting about looki ng at Counci l rules and st uff. She asked tha1 Counci l look over th ose and advise her of any c ha nge, or recommenda1ions . Ms . Bradshaw said s he would be glad to compile those . However. if Co un,·i l would like 10 ha ve a comminee we could do it that way. whatever Coun ci l would like . Co uncil Member Nabholz asked what they are exac1l y looking at 10 c hange . She said s he had 10 go int o th e Ci ty Allorney·s Office because s he had the o ne she was g ive n when s he was lies! elec!ed . 1he one they were never. ever s upposed to use . Counc il Member Bradshaw sa id Co unci l Member Garren had a concern. as one night we ,pent $10.000 sending four people to a conference and tho!>C kmds of things . She opined that Coun ci l need s h> be fiscally respon sib le to o ur const i1uent s . I don't begrudge anybody going on a trip. s he said. If yo u wan! to do ii . • I • 0 J • • Englewood City Council April 3, 2000 Page 18 ··~. l .. • • • have a good time. But. she said . she thinks we need so me input o n that. on what is fair and what we need to do as far as that goes. 3 . She thanked Nancy Reid fo r her help with the right-of-way for Big Dry C reek . She advised that 1s proceeding. She offered thank s to the City Attorney's office . 4 . She said she had a call from a constituent advi s ing that there is a rumo r fl yi ng. in the area no rth o f Floyd, that Wal-Mart is going up like a Wal-Man. but it will turn into a Sam·s. Ms. Bradshaw no ted s he said no. that we alread y fought that war. it is not going to happen . 5. She said she had the weirdest call fr o m a constituent in Arapahoe Acres sayi ng that a g uy fr o m Arapahoe Acres wa s telling peo ple o n Downing that they had to conform to the covenants in Arapahoe Acres. She thanked Haro ld Stitt for cleaning up a horrible mess and no ted he did quite a good jnb. Mayo r Burns asked about the status of covenant s in Arapahoe Acres. Co un c il Member Bradshaw advi sed that they have never had a meeting . the y ha ve never been active. She explained that the se peo ple were having an open ho use and there were too man y cars parked there and ,o he to ld them th ey couldn "t park the cars there. He came running o ut o f hi s ho use to run down on Downing and ye ll at th e m. 6. She o ffered kudos to Julie Grazuli s and no ted s he did a good jo b o f gettin g her article to the Citizen so quickly. 7 . She said she ha see n more and mo re trees taken o ut o f yard s in o ur C it y. E ng le wood means like a wooded village and s he wo ndered if we could have staff look at a tree replacement program o f some son . Council Member Grazulis advised that we have one through Park s and Rec reatio n. Coun c 1 I Me mber Bradshaw suggested they get some publicity out there. M s. Grazulis said the y had o ne la st year. but o n the day they were suppose to distribute it snowed. Council Member Nabholz stated that we al so have a good forestry program . Mayor Burns asked if Arbor Day was the 22"". Council Member Bradshaw no ted that would be a littl e quick to get that together. Council Member Bradshaw asked what we are d o ing abo ut tree replacement. Direc to r Blac k explained that we do have a Forestry Program and as part of the program we give s ub sidies . The s ubs idie s can be used fo r trimming. removal and replacement of trees. because we try to encourage peo ple. espec iall y o n re moval o f trees, to replace those . Part o f the problem. he said , is that the cost of remova l is so high . Council Member Brads haw noted that when you pay $1200 to take o ne down. you d o n't have muc h to plant another one . Director Black advised that we will also have some informatio n o ut related to Arbor Day because we are c hanging that a little bit. Where we used to give trees away during the week. he said, we think it is mo re convenient for the residents to d o it o n the weekend. so we will be changing that and ha ving it the latter part o f the mo nth . Mr. Black said they will provide Council with some information about thi s. 8 . She advised that Friday she had a ni ce surpri se . She was elected President of South Suburban Park Foundation. Council offered her their congratulations. Mayor Burns noted that GOCO was at the meeting o n Friday and o ne of the Legacy Projects. sort o f the extra things they do, was to connect a trail with the Highline Canal. He asked if there is a pro posal to do I • 0 • • • Englewood City Council Apri13, 2000 Page 19 ' . .. .. ,. ,-. • • -' that o n the east side of B ig Dry Creek to go ea,1. the ot her direc ti o n. If. Counc il Member Brad,ha" ,aid. they could get permissio n from o ne of th e e11 1e, there . Coun ci l Member Brads haw sai d she \\as real exci ted a nd looki ng fo rward to a good three year term . She said she sho uld be able to te ll Coun cil exact ly what wa, goi ng o n. (iv) Coun ci l Member Grazu li s: I. She advised a resident ca lled her because he would like a traffi c counter o n hi s bl ock . He h ,e, o n the 4700 hl ock o f South Clarkson and ha s lived there fo r the la st seven yea rs. He said th at now th ere "a car that goes by there every thirt y second s and he wo uld like to kn ow what he can d o about thi s . M ,. Grazulis sai d she advi ed him that she didn"t think there \\JS much of anything the y could do. but she would pass hi s number along to Ladd Vostry o r so mebody so they c an ta lk direc tl y to him regarding this . 2. She offered kudos to O ffi cer Mitchell regarding th e DARE Program in C herrelyn . T hey alread) had their graduation and her daughter. and a ll of the kid ;. th o ug ht he was wo nd erful. 3 . She sa id there was a detec t ive she had 10 deal wi th recentl y regarding her youn g da ug ht er. It ""' a s ituatio n that came up with her daug hter and he was so kind and gentle. She th o ught 11 '"" Detective Harri s o r Harri so n . Ms. Grazulis sai d she would ge t th e correct name . But. she sai d . he came to th eir ho use a nd was just so kind and ge ntle wi th her regarding ge ttin g the information o u1. She ,aid she ""' ,o impressed . (v) Council Member Wo losyn stated that she cast her vo te wi th reluctance to ni ght regarding Trammell Crow. No t because she didn 't think that th ey met all of o ur requ ire ment s regarding TOD. s he said. but because. at firs t glance. that de sig n was j ust very di sappointing to her . She sa id ,he tho ught if s he had been included two mo nths ago with drawings that indicated thi s is where we were gm ng and s he could ha ve voiced an o pini o n. even 1f it had come o ut thi s wa y. ,he mi g ht have fe lt mu c h bett er voting fo r it. Ms. Wo losyn said she "is hed that there could be ,omerhing in th e pnx:ess that includ e, Coun ci l a littl e mo re intimately in decision, as. ultimately. Coun c il 1s o ut there in fr o nt. Direc to r Simpson said he doesn't kn o w 1fthere is an answer. that he appreciates th e fac t 1ha1 it feels ,·er) difficult as Council recciv.:d it at the la st minute . He stated tha t he dncs no t mea n 10 be placing Coun c il 111 thi s position and noted the process did move very qui c kl y. When they started two mo nth s ago the y d1dn '1 reall y see d esign drawings . He sa id they reall y. actuall y. started see in g d esign drawings occ ur within th e la st s ix to seven weeks. The diffi cult part b. at that point. the y are c hanging ve ry rnpidl y and a lo t of rime , the y are changing ho url y and that was diffi c ult . Mr. Si mpson sa id he was no t sure thi s would give Cou nl·il comfo rt . but we received des ig n drawings o n Mo nd ay of last week. mad e c hanges. aw some rev1>cd drawi ngs as late as Friday. whic h he had always int e nded to h:l\e sent o ur to Cou n<:i l for th e weekend . but again, becau,e of the continual revisio n to so me of 1h1 ;, ... a nd 11 \\aS cont inuin g to imp rove ... he ;aid he saw the final set that Council sa w to night at about noon today. Directo r Si mpson star ed he agreed wit h Coun cil Me mber Wo losy n. that he felt it could be a muc h be tt er des ig n. Me noted he ts disappo1111ed in some ways. but in o ther ways it clearly meets th e intent and he would say we are goin g to continue to wo rk o n ii. O ne of the things Trammell C row ha s ag reed to . is th at as we go al o ng if they can acco mmodate a d esig n c hange, that act uall y begins to improve the de sign. and it d oesn't impact ,·o,ts. that th ey are mo re th a n willing to d o that. So the y are goi ng to be loo kin g at that a nd explo ring that. He no ted II is hard to go int o thi s all thi s . because there ha ve been several itera11 o ns . But fo r example. he said . o ne o f the frustration s was that we had o rigina ll y intended to ha ve a fo ur sto ry des ign o n th e piazza. There is ,till a stro ng interes t. by both part ies. to d o that a nd th e reason that didn 't occur al th is time is that we arc interested in closi ng with them and gettin g mo ney back . infused into th e proj ec t . Me advised that. fr o m a bu ilding code standpo int , there were some building re lat ed iss ue s that could no t be dealt with in thi s timeframe. So everybody c hose to mo ve fo rward and to meet th e timeframe fo r closing and if we can we wi ll come back • . . I • 0 • • • Englewood City Council April 3 , 2000 Page 20 ,... . • • - and address some des ig n issue, at a later tome . So. he said. the adjust ment , ma~ ,t,11 continue to go on a little bit . so lo ng as th ey approve. Council Member Wo losyn stated she kn ows ho " hard they a ll wo rk . She s:11 d. for in sta nce. ,f ,he wa, invo lve d in the entry port a nd ,aw th e process and it may no t ti<! the decis io n that she wo uld make ,n the end, but she would fee l reall y confident and be ab le to tand behind 1t. M ,. Wo lo,yn no ted that Jus t hav in g Directo r Simpson explain thi s ,s a bi g help to her. as she ha s to go o ut and talk to th e communit y a nd she wished s he had mo re in s ide informati o n o n reall y vis ible project,. Ma yo r Burns comme nted that th at wa s a ve ry good point . He ,a,d he ha , been talk ing to Bo b Simp;on for severa l weeks about thi s and he kn o \\• that the firs t ,ubm1ttal wa s ab,olut e ly not acceptab le. He noted he saw th e first dra wi ng last week o n Tuesda}. because he \\US here "he n Mr. S im pson hadJ u,t rece l\ed them . It wa; better than he th o ug ht it \>as goin g to be. he ,aid . D1rector S1 mp,on agreed th at the ti r.t subm1ttal s were rea ll y bad . Mayor Burns comment ed that ~uu could ;ce 11 ,mpro, ing a, yo u \\ent along Council Member Brads haw suggested Coun cil receive a call o r E-mai l ad, ,si ng th at the dra" ,ng; "d i be at City Hall betwee n certain times. Counci l Member Wo losyn agreed that wnuld be a good ,dea Then . 1\1,. Bradshaw ,aid. It wo uld be up to the individua l Coun c il member. She as ~ed ,f th at \\o uld help. M,. Wolosyn said yes. because rea Uy. as she th o ught about it . she rea hzed that a lo t of her re,1rn u n ""' the fo,·t th at she wa s look ing strai g ht o n int o an ele vati o n and forge ttin g th at no o ne ever does that. Ju;,t thin g, h~c th at that yo u need to th ink abo ut for awhil e if yo u are no t in the bu ,i ness. Counc il l\tcmbcr Cira7Uh, agreed . Direc to r S impson a pologized to Coun ci l that the process doesn 't wo rk mo re c leanl y. He noted th ere" a real time fa c to r o n thi s o ne that is continuing lo pu sh it. Counc il Member Bradsha w comment ed th at . because thi s is o ur for m of government. "e d o delegate a l!l t to staff and tru st that staff can d o the job and s he wouldn't c hange o ur fo rm o f governme nt. T here ,s a tru ,t fa cto r. s he said . Counc il Member W o losyn sai d ,he does trust Slaff. but sometimes she wond ers how many time, ;he ha , to vote and no t ha ve the "ho le pi ctur e . • Directo r Simpson advised that we still ha ve a lot o f wo rk to d o o n lhat and ho pefull y we ca n conrinue to improve the appearance o f that building and he th o ught Trnmmell Crow wa, willing to \\Ork o n thi s " 11h us. He said as c han ge, occ ur he will be le tt ing Coun ci l kn o w. 13. City Manager's Reporl (a) C it y Manager Sears advi sed that we had a very guod t wo da y staff retreat. S taff spent a lot of time di sc ussi ng where we are as staff and where we are goi ng . He said he had hop.:d they wou ld be a ble to get throug h what they had la id o ut an d then move s lowly o nt o some thin gs . But in th e cour,e of o ne and a half days we came up wit h fo rt y-se ven key objecti ves fo r thi s ne xt year. He said he wa, kind of shocked by that and th ey narro wed th ose d own to about e ight. They are things lik e la nd acquisiti o n. o pen space. the implementation and the tran siti o n into the Ci tyCe nter projec t and how that works with th e po li ce department. pedestnans and all of that. They consi dered 1he financial reso urces o f the Ci ty to be c rit ica l. Al so. ho usi ng 1'Sues. General Iro n. the proposed recreatio n facilities that we are talking about fo r nex t year. the sewer plant expan,ion. traffi c issues. and B road way improvement,. These thing,. he ,aid. were a ll at the !Op . C it y Manager Scars said the trainer at the staff retreat provided a list of ways to think abo ut a problem. what are the ,trength s. what are th e o ppo rtunities and threat s . He passed o ut th e li st a, he th o ught Counc il mig ht wa nt to tak e a look at it for their retreat o n May 61 • for when th ey begin d isc uss ing Counci l goals . • •, I • 0 ·]- • • -• Englewood City Council Apri13,2000 Page 21 • • - .. ' Mr. Sears said that is kind of what they used and it was a very intense da y and he th o ught It helped them to focus in on some of the ke y issues that they will be bringing bac k to the Coun c il o n the 6"' so they c an ha ve the best session they can ha ve . He stated it was a good sessio n and he con. iders himse lf lucky to \\Ork w11h such a good s taff. (b) City Manager Sears advi sed that Lauri Clapp does no t kno w what 10 do wit h the printers she has. that she would pro bably like to keep th ose . Director Gryglewicz ha s prepared a me mo that says the Council could reque st that they be returned for auction . but at thi s point in tim e. Mr. Sears said . we JU St figure they are so o ld that there is not much o f a monetary value and we \\Ould ask the Coun cil to make a deci s ion about that . He noted that Ms. C lapp . obviously. does not want a nything to happen do wn th e road that indicates s he didn ·1 work with the C it y in terms of these items. Discussio n ensued and it wa s determined th at the printers are not worth a wh o le lot and are o ut o f date . City Manager Sears said that if there was no o bjec ti o n fr om C o uncil he would let Ms . C la pp kn ow s he could keep them . There was no o bjecti on . Council Member Grazuli s suggested that perhaps Ms. C lapp wo uld like to make a do nati o n 10 the C 11 y on lieu of that . City Manager Sears said we can menti o n that t her . Ms . Grazulis no ted that s he makes do nations to M s. Clapp and Ms. C lapp could make dnna1i o ns 10 the C it y . ••••• Mayor Burns pointed o ut that Coun,·tl Age nda Item 12 (b) (1) list s a re so luti o n authorizing the C it y Manager to interpret the Engle\\ood Muni ci pal Code 10 all o w a communit y-wide sale on May 11 . 2000. He advised that we have been informed by the Chamber of Commerce that the y no lo nger desi re th e sidewalk sales and City Mana ger Sears reco mmend s that we table thi s resoluti o n. Council Member Nabholz asked if they ha ve hec ked with the bus inesses . be cause she can foresee three o f them calling her if the y table thi s. Ma yo r Burns said he can foresee some also c alling him . Direct or Simpson advised that he talked to Art Scibelli thi s morning and thi s reall y doesn ·t wo rk . He said he doesn ·1 have an alternate date . Council Member Yurchick asked if it is the d11e that is the pro blem or the sidewalk sale . Director Simpson advised it is the date . Ci ty Manager Sears explained that the conce pt artually comes bac k with the proposed ordinance. thi s wa s kind o f a hurry up issue. Mayor Burns as ked if Council needs to do anything with thi s . Council Member Grazulis stated that Bob Simpson sho uld s peak directl y to at least o ne person that s he knows will bring thi s up . o r Art Scibelli can speak with her directly, she said . Direc to r Simpson advi sed that either he o r Mr. Sc ibelli wo uld do that. City Manager Sears noted the iss ue is really the date. because the ordinance will come back to Council. so he sugge sted Council just ignore the proposed re soluti o n. (c) Ci ty Manager Sears no ted that the C it y o f Lakewood o pened up their new C it y Hall and staff tho ught the y wo uld put together a letter to Lakewood congratulating them o n their new Ci ty Hall. • '· ., . ' I • 0 J • • -• Englewood City Council April 3, 2000 Page 22 .. ~-i .... ,. -~ • • - • .. .. ~ Ma yo r Burn s s uggested askin g th e m how II we nt. Counci l Member Brad sha w said to as k them a bo ut th e move. Ma yo r Burns noted he spoke with the Mayor. Stev e Burkho ld er . and he sa id th e re we re a fe w glit c hes he re and there, some of the computers are n ·, wo rkin g quite right and th ey had an e leva tor pro bl e m . Ma yo r Burns said he drove by the de ve lo pment the other da y coming bac k fr o m the Ma yor s Ca uc us and he still c an 't quite figure the la yout . He noted he is not sure whi ch buildin g is th e C it y Hall and yo u still can 't drive all the way through it because it is still under constructi o n. but th ey moved in th e re so me pla ce . They had their pro blem. he said. but nothing maj or . Counc il Member Bradshaw co mmented that our c itizens will ha ve full access to th e new Cit y Hall. Council Member Garrett said ye s, during th e constructi o n . He e xpl a ined that ci ti ze ns will have full access beginning in June and fo r the next twent y month s o f co nstru cti o n. City Manager Sears advised that during Coun c il's retreat . o n the aft e rn oon of Ma y 6'". he was hoping 10 schedule a walk through o f the new C it y Hall so they co uld tak e a look at the stree t. He noted th e l'Urb and gutter is coming together. the project is rea ll y staning to firm up . Counc il Member Bradshaw stated she is more concerned with c itizens getting int o th e Li brary. C ity Manager Sears stated he has been ass ured that will be positi ve . 14 . City Attorney's Report (a) City Attorney Brotzman thanked Cit y Manage r Se ars o n behalf o f th e C it y Att o rne y·s Office and the Coun . He noted they are kind o f se parate. but it is ni ce to be indudcd in the Direc to r 's retreat . that when yo u go up it is reall y an inclus ive . kind o f cooperati ve. atmosphe re "h1c h 1s ni ce to ha ve in the City. (b) C it y Att orne y Brotzman advised th at Nan.:y Re id would be standing in fo r him at th e Stud y Sessio n on Monday night as he is go in g to be al an Internatio nal Munic ipal Lawye r s Associati on Meeting. He said they will be co vering a number o f iss ues that we are deal ing w11h . suc h as th e te lecommunic ati on issue s that we are talkin g about . There are al so a number of zoning iss ue , that the c it ie s have e ither de~lt with« are dealing with . One of those being. what caf\ yo u do w11h pri soners. ho w ca n yo u zone them . do you have to let them in your city ... that is o ne of the to pics o n that age nd a . So , he noted . at least we kn o w we are no t al o ne. that other municipalities are dealing with the ve ry same 1s ,ues. Ma yo r Burn s said ho w about la s t week 's United States Supreme Court dec is io n o n strippers ? He a,ked if that is go ing to be a problem here in E ngle wood . He no ted it wa s a landmark dec is io n . 15 . Adjournment MAYOR BURNS MOVED TO ADJOURN . The meetin g adj ourned at 9 : 15 p .m . • ' ~ .. . I • 0 I - • • 1. 2. 3 . 4 . Call to order. Invocation. .. ~ ,,,.-· • ,. •\I • -' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 3, 2000 7:30 P.M. '7:t/'Jr-7 ))~ Pledge of Allegiance . .gllML<J Roll Call. 7~ ~ 5. Minutes . · _.l..rfl ~a. Minutes from the Regular City Council meeting of March 20 , 200 0 . ;1IU"""' 1-0 6 . Scheduled Visitors . (Please limit your presentation to len minutes.) Va. John McCullough will be in attendance to inform City Council of the awards , the Englewood Elks ' have given to their Citizen of the Year, Firefighter of the Year , and Police Officer of the Year . )I:,~ -'f iAL_ /(.«1 i!tJ,fu,, fi_,-1,~ 1, -tvmmitdJJ-~ ~'~ 7 . Unsch~ Visitors . (Please limit your presentation to five minutes .) ( -414pv~) /(\ 8 . Communications, Proclamations , and Appointments. ~1;;f-~ Proclamation honoring Englewood resident Emma Goldsboro on the occasion of ~ -1,D her 108'" birthday . (Jo,t..,-~ 9. Please note: If you. have a disability and need auxlllary aids or services, please notify the City of Englewood (303-762-2405) at lent 48 hours In advance of when services a,-nNdad. Thank you. -. ' ' .. ) I . 0 - • • - Englewood City Council Agenda April 3,2000 Page2 V .. ~ --· • • • ' 10. Consent Agenda . a . Approval of Ordinances on First Reading. ~;~' ,, .b"'e- OIY' I '1 ,o ii. COUNCIL BILL NO. 29 -Recommendation from the Department of Administrative Services to adopt a bill for an ordinance approving amendments to the City of Englewood No n Emergency Retirement Plan Document. STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. COUNCIL BILL NO. 31 -Recommendatio n from the Department of Administrative Services to adopt a bill for an ordinance approving amendments to the City of Englewood Poli c e Officers Pens ion Plan Document. STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. b . Approval of Ordinances on Second Reading. r,1 .1~ i. Council Bill No. 9, amending the Englewo o d Municipal Code to reflect the name change of the Englewood Clean , G reen and Proud Commiss ion to Keep Englewood Beautiful. e,J . llf ii. Council Bill No . 12 , authorizing the sharing of eq ui pment between the C ity of Englewood and other governmental agenc ies. ~.16 iii. Council Bill No. 15. approving an amended agreement with the Museum of Outdoor Arts . cjlJ . /(p iv . Council Bill No . 16. authorizing an Intergovernmental Agreement with the State of Colorado for purchasing software from existing State software contracts . ~.1"1 V. Council Bill No. 17, amend in g Title 8-2B of the Englewood Municipal C ode (Mechanical Code) to comply with the State of Colorado's standards . cjV!. ~ vi. Council Bill No . 18, amending Title 8-2A of the Englewood Municipal C ode (Building Code) to comply with the State of C ol orado 's standards . ~-'q vii. Council Bill No . 19, amending Title 8-2C of the Englewood Municipal C ode (Plumbing Code) to comply with the State of Colorado 's standards . ~.9b viii. Council Bill No . 20, amending Title 8-2D of the Englewood Municipal C ode (Electrical Code) to comply with the State of Colorado 's standards . tJ,).,1 ix . Council Bill No . 21, amending Title 8-2E of the Englewood Municipal Code (Fire Code) to comply with the State of C olorado 's standards . ~-~). X. Council Bill No. 22 , amending Title 8-2F of the Englewood Municipal Code (Abatement of Dangerous Buildings Code ) to comply with the State of Colorado 's standards. Plea• nota: If you have a dlsablllty and nNd auxlllary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours In advance of when services are needed. Thank you . • • ' ., I • 0 • • .. • ,.--. • >-,., .. • -... 1! 0 nglewood City Council Agenda April 3, 2000 Pagel xi. xii. JJr5 /xiii. J.)\o xiv . oJ .f\ xv. (/IJ .'fl xv i. Council Bill No . 23 , approving an Intergovernmental Agreement for Jo in t Funding between the City of Englewood and the U.S . Geolog ic al Survey for two Gauging Stations . Council Bill No . 24, approving Amendment #2 to the Intergovernmental Agreement with the Colorado Department of Transportation for Construct io n of Broadway Widening and Medians . Council Bill No. 25 , amending Title 8-1 of the Englewood Municipal Code so that it is appropriately numbered . Council Bill No . 26, amending Title 8-36 of the Englewood Municipal Code so that it conforms to the State of Co lora d o's most recent health standards for swimm ing pools . Cou ncil Bill No . 27 , approving th e vacation of water and sewer easements at CityCe nter Englewood. Council Bill No . 28 , approv i ng an amendm ent to Title 8-5 of the Eng lew ood Mun icipal Code perta ining to moving of structures. c. Resolutions and Mot ions . i. ~.,i ~-_?,q ii. Recomme ndat i on from the Department of Admin is trat ive Services to ad opt a resolut ion reserving funds as required by th e City 's agreement with The Museum of Outdoor Arts . STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. Recommendation from the Department of Adm inistrative Serv ices to adop t a resolution appropriating and transferring f•;n ds from the General Fu nd to th e Public Improvement Fund for the South B ro ad vv ay W ide ning P roject. STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. 11 . Regular Agenda . a. Approval of Ordinances on First Reading . COUNCIL BILL NO . 30 -Recommendati on from the Department of Community Development to adopt a bill fo r an ordinance adopting amendments to Section 16-4-19 of the Englewood Municipal Code pertaining to the Sign Code and to sched ule a Public Hearing on May 1, 2000 to gather input on th is matter. STAFF SOURCE: Lauri Dannemiller, Planning Analyst. Approval of Ordinances on Second Reading . I 0 Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at lent 48 hours in advance of when services are needed. Thank you. -. .. ' .. • ) I . 0 - • • Englewood City Council Agenda April 3, 2000 Page4 t, I ~ '" c. Resolutions and Motions . ~ ~ ,,,-- • .. • -' ..1 .Vi -~ i Recommendation from the Englewood Environmental Foundation to adopt a ~ i {)fr• D" • .ft·.~ resolution approving the Trammell Crow Residential CityCenter site plan and ~ authorizing the Englewood Environmental Foundation to proceed with the r1 OD.~ property sale to Trammell Crow Residential. STAFF SOURCE: Bob ·1' ~h\oO) Simpson, Englewood Environmental Foundation Board Member. l,~ ~/d"°~· ii. Recommendation from the City Manager's Office to approve , by motion, a ./ temporary agreement with McLeodUSA Telecommunications Services , Inc. 0 STAFF SOURCE: Mike Flaherty, Assistant City Manager and Leigh Ann ~ Hoffh~·nes, Communications Specialist. ~:J 'l, 0'' .I .at .k.A\ ib w:~ IP' c~, 12 . General Discussion . a . Mayor's Choice. b . Council Members ' Choice. ~ ~ri. A resolution authorizing the City Manager to interpret the Eng lewo od p)l/) ~ Municipal Code to allow a community-wide sidewalk sale on May 11 , 2000 . ~. 13 . City Managers Report . a . CityCenter Englewood Update . 14 . City Attorney 's Report . Adjournment. CJ: /'o fYn'l The following minutes were transmitted to City Council between March 17 and March 30 , 2 000: Englewood Planning and Zoning Commission meeting of March 7, 2000 . Plea• note: If you have • dlsablllty and need auxiliary aids or services, pl .... notify th• City of Englewood (303-762-2405) at least 48 hours In advance of when NrVicM.,. needed. Thank you. · -. ,. \ ) I· 0 3 • • 1. Call to order. 2. Invocation. . . .. .. ,, -• ... • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY , APRIL 3 , 2000 7 :30 P .M. 3. Pledge of Allegiance . 4 . Roll Call. 5. Minutes . a. Minutes from the Regular City Council meeting of March 20 , 2000. 6. Scheduled Visitors . (Please limit your presentation to te n minutes .) 4, a. John McCullough will be in attendance to inform City Council of the awards the Englewood Elks ' have given to their Citizen of the Year, Firefighter of the Year , and Police Officer of the Year. 7. Unscheduled Visitors . (Please limit your presentation to five minutes.) 8. Communications, Proclamations, and Appo intments. 9 . a. Proclamation honoring Englewood residen~Emma Goldsboro on the occasion of her 108'h birthday . Public Hearing . (None Scheduled) P ..... note: If you have a dlublllty and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at lust 48 hours In advance of when services are needed. Thank you. -. ~ .. I . 0 ]- • • - • I "~ • tt ,. • - Engl-ood City Council Agenda April 3, 2000 Page2 10 . Consent Agenda. a. Approval of Ordinances on First Reading . i. COUNCIL BILL NO . 29 -Recommendation from the Department of Admin istrat ive Services to adopt a bill for an ordinance approving amendments to the City of Englewood Non Em e rgency Ret iremen t Plan Document. STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. ii. COUNCIL BILL NO . 31 -Recommendati on from the Department of Administrat ive Services to adopt a bill for an o rdinance approving amendments to the City of Englewood Po lic e Officers Pension Plan Document. STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. b . Approval of Ordinances on Second Reading . i. Council Bill No . 9 , amending the Englewood Mu nici pa l Code to refle ct the name change of the Englewood Clean , Green and Prou d Comm issio n to Keep Englewood Beaut ifu l. ii. Council Bill No . 12, authoriz ing the sharin g of equipm ent be tw een the City of Englewood and other governmental age ncies . iii. Council Bill No . 15, approv ing an amende d agreement with the Museu m of Outdoor Arts . iv. Council Bill No . 16, authorizing an Intergo ve rnmental Agreement with the State of Colorado for purchasing software from exist ing St at e software contracts. v . Council Bill No . 17, amending Title 8-2B of the Englewood Munic ipal Code (Mechanical Code ) to comply with the Sta te of Colorado 's st andards . vi. Counc il Bill No. 18 , amending Title 8-2A of the Englewood Mun icipal Code (Building Code) to comply with the State of Col orado 's standards. vii. Council Bill No . 19, amending Title 8-2C of the Englewood Munic ipal Code (Plumbing Code) to comply with the State of Colorado 's standards . viii. Council Bill No . 20, amending Title 8-20 of the Englewood Municipal Code (Electrical Code) to comply with the Stat e of Colorado 's standards . ix . Council Bill No . 21 , amending Title 8-2E of the Englewood Mun icipal Code (Fire Code ) to comply with the State of Colorado 's standards . X. Council Bill No . 22, amending Title 8-2F of the Englewood Municipal Cod e (Abatement of Dangerous Buildings Code ) to comply with the State of Colorado 's standards. .. Plea .. note: If you have a disablllty and need auxlllary aids or services, plNse notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needad . Thank you . • • • I· 0 • ,..,.... .. • • -.. E.ngl-ood City Council Agenda April 3, 2000 Page3 xi. Council Bill No. 23 , approving an Intergovernm ental Agreement for Joint Funding between the City of Englewood and th e U .S. Geological Survey fo r two Gauging Stations . xii. Council Bill No . 24, approving Amendmen t #2 to the Intergovernmental Agreement w ith the Colorado Department of Transportation for Constru ctio n of Broadway Widening and Medians . xiii. Council Bill No . 25 , amending Title 8-1 of th e Englewood Municipal Code so that it is appropriately numbered . xiv . Council Bill No . 26, amending Title 8-38 of the Englewood Municipa l C ode so that it conforms to the State of Colorad o's most recent health standards for swimm ing pools . xv . Council Bill No . 27, approving the vacat ion of w ater and sewer easements at CityCenter Englewood. xvi. Council Bill No . 28 , approving an amendm en t to Title 8-5 of the Eng lewood Municipal Code pertaining to moving of st ructu re s . c. Resolutions and Motions . i. Recommendation from the Department of Admi nistrat ive Services to adop t a resolution reserving funds as requ ired by he City 's agreement with T he Museum of Outdoor Arts . STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. ii. Recommendation from the Department of Admi n istrative Services to adopt a resolution appropriating and transferring funds from the General Fund to the Public Improvement Fund for the South B roadway W idening Project. STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. 11 . Regular Agenda . a . Approval of Ordinances on First Read ing . b . i. COUNCIL BILL NO. 30 -Recommendation fro m the Department of Community Development to adopt a bill for an ordinance adopting amendments to Section 16-4-19 of the Englewood Municipal Code pertaining to the Sign Code and to sched ule a Public Hearing on May 1, 2000 to gather input on this matter. STAFF SOURCE: Lauri Dannemiller, Planning Analyst. Approval of Ordinances on Second Reading . PINN note: If you have a dlsablllty and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services a,. needed. Thank you . • • ) I • 0 - I I -• • - Engl-ood City Council Agenda April 3, 2000 Page4 c. Resolutions and Motions. i. Recommendation from the Englewood Environmental Foundation to adopt a resolution approving the Trammell Crow Residential CityCenter site plan and authorizing the Englewood Environmental Foundation to proceed with the property sale to Trammell Crow Residential. STAFF SOURCE: Bob Simpson, Englewood Environmental Foundation Board Member. ii. Recommendation from the City Manager's Office to approve. by motion. a temporary agreement with McLeodUSA Telecommunications Services , Inc . STAFF SOURCE: Mike Flaherty, Assistant City Manager and Leigh Ann Hoffhines, Communications Specialist. 12. General Discussion . a. Mayor's Choice. b. Council Members ' Choice. i. A resolution authorizing the City Manager to interpret the Englewood Municipal Code to allow a community-wide sidewalk sale on May 11. 2000 . 13. City Manager's Report . a. CityCenter Englewood Update . 14. City Attorney's Report. Adjournment. The following minutes were transmitted to City Council between March 17 and March 30, 2000 : Englewood Planning and Zoning Commission meeting of March 7 , 2000 . P ..... note: If you have a disability and need auJdllary aids or services, p ..... notify the City of Englewood (303-762-2405) at teut 48 hours In advance of when NrvicM are needed. Thank you. • • ... 0 I . C, xi - • • • .,,-. • i . • -... ENGLEWOOD CITY COU~CIL ENGLEWOOD , ARAPAHOE COUNTY, COLORADO Regular Srssion March 20. 2000 I. Call to Order The regular meeting of the Englewood City Council was called 10 order by Mayo r Bum at 7 :58 p.m. 2. Invocation The invocation was given by Council Member Nabholz. 3. Pledge of Allegiance The Pledge o f Allegiance was led by Ma yo r Burn s. 4 . Roll Call Pre sent Absent : A quorum was present. Also Present : 5. Minules Council Members Nab ho lz. Grazuli s. Garrett. Brad ha". Wol osyn. Yurchick. Bums None Cit y Manager Sears Ci1y Anorney Bro tzman Deput y Cny Clerk Castle Recreat io n Services Manager Hultber g Recreati on Facility Supervisor Leo nard Planning Tcch nK·1an Newman Chief Building Offi ci al Smith Director Ross. Pubhc W orks Assistant City Manager Flahert) Publ ic lnforrnat ion Officer Puncerelh (a) COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY CO NCIL MEETING OF MARCH 6, 2000. Ayes : Nays : Abstain : The motion carried . Council Members Nabh o lz. Brad shaw . W o losyn. Yurchick. Grazuli s. Burns None Co uncil Member Garren (b) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE THE MINUTES OF THE SPECIAL CITY COUNCIL MEETING OF MARCH 13, 2000. Ayes : Council Member Nabholz. Garren. Bradshaw. Wolosyn , Yurchick. Burns I • C, ] • • • Englewood City Co un ci l March 20 . 2000 Page 2 Na ys : Ab tam : The mot ion earned. 6. Scheduled Visitors ,. .. • • - No ne Co uncil Member Grazuli s Ma yo r Burns no ted that th~re were a couple o f items that "ere do ubled up under 1h1 s agenda ,tern . and a bo with a proclamatio n under Agenda hem 8 . He a,d he wo uld be d o ing them to gether so they "o n·1 have 10 be called up tw ice. (a ) Dr. Roscoe Da vid so n "as present to ac cept a proc lamati o n ho no ring h,s recently recel\ed Na11 o nal Di s11ngu1 shed Service A"ard . Mayo r Burns asked that Agenda Item S(a l be mo ,ed ~ f\,ard. and he as ked the Deputy Ci ty C lerk to read the proc lama11 n in its enurety. COUNCIL MEMBER BRADSHAW MOVED. AND IT WAS SECONDED. TO APPRO\'E THE PROCLAMATION HONORING DR. DAVIDSON FOR RECEl\'ING A DISTINGUSHED SER\'ICE A WARD RECOGNIZING HIS MANY ACCOl\lPLISHI\IENTS. Aye s : Na ys : The mo ti o n carried . Co unc il Member Nabho lz. Garren. Brad ha w. W o lo yn . Yurc h,c k. Grazuli s. Burns No ne Mayo r Burns said he takes personal pleas ure in wel coming Dr. David o n ba ck to o ur meetin g . Thi s ve ry special man was Superintendent o f o ur sc hoo l di s tri ct fo r twent y-three years . he said . a nd has reall y distingui shed himself. The kinds o f thing s that we have heard ,n thi s proc lamauo n are . indeed . the kind s o f things that have been a,d a bout him througho ut hi s career. May r Burn s a,d we wi ll mis him ,n 1h1 s posi t io n and "is h him well in h,s ret irement. Th,s proc lamat,o n is ,ery well desef\ed . he said . and asked fo r a big round o f applause fo r Dr. Dav id son. Dr . David o n than~ed e ,er) ne and a,d he "o uld hke to take j u I a minute 10 e xpress hi s genuine appre 1a1i o n fo r th i;, e ry tho ug ht ful ge s tu re Ac tu all~. he said . recogniuo n o f thi s lo nd bel o ng s to man y peo pl e and man y gro up,. He sa id II ha, been hi s great pleas ure to "ork in thi s communi1 y and w11h Eng le"ood Pu b hc Sc hools . We ha ,e a comph ,hed a lo t becau se o f the cooperat io n o f parents. the co mmunny at la rge . students and a wo nderful ta ff. He said he ,s panicularl y grateful to 1he mayo rs. the c11 y mana ger, a nd the c 11 v cou nc il s that ha ve wo rked w11h the sc hools over the years. as well as the wo nd erful peo pl e o n the C ,t y sta ff. Together. a 10 1 o f fi ne things have ha ppened. he said. and muc h mo re hes a head. He added that e .<c 1ting times are ahe ad fo r th e Englewood community. and thanked e veryo ne fo r all they d o . (b) The Englewo od H igh Schoo l Cheerleaders were present to accept a proc lamat io n ho no rin g their win at the State C o-ed Cheerleading Champio nship . Ma yor Burns as ked that Agenda hem S(b ) be moved fo rnard. and he a sked the Deput y Cit y Clerk to read the proclamati o n in its entirety. COUNCIL MEMBER BR.\DSHAW MOVED. AND IT WAS SECONDED, TO APPROVE THE PROCLAMATION HONORING THE ENGLEWOOD HIGH SCHOOL CHEERLEADERS AND COSGRATULATING THEM FOR BEING NAMED STATE CHAMPIONS AND OFFERING OUR THANKS FOR REPRESENTING THE CITY OF ENGLEWOOD IN SUCH A POSITIVE LIGHT. Aye s : Nays : The mot io n earned. Co uncil Member Nabho lz. Garren. Bradshaw. W o losyn. Yurchick. Grazuli s. Burns No ne • I • 0 • • • En glewood City Counc il Marc h 10 . ~000 Page 3 .--. • • - Two of the senior c heerleade rs spoke o n behalf of the squad. They thanked Co un cil. and sa id the y were very pleased to represent Englev.ood High Sc hool and it 's spiri L The c heerleaders said the) were ho nored that Coun 11 recogmzed them and we re es pec iall y thankful that cheerl eading wa consid ered a sport and they v.ere berng recognized fo r the things they do. They thanked Co unci l fo r all the sup port they ha ve given. and al so the En glewood Herald fo r the recogniti o n the cheerleaders ha ve received . ••••• Mayor Bums asked that Agenda Item S(c) be moved fo rward . A proclamation honorin g the Parks and Rec reation Aquatic Staff fo r winning the 1999 Silver Aquati c Safety Award was consi dered . Mayo r Bums asked the Deputy Ci ty Clerk to read the proclamat io n ,n its ent irety. COUNCIL MEMBER NABHOLZ MOVED. AND IT WAS SECONDED. TO APPROVE THE PROCLAMATION CONG RA TULA TING BRAD ASDERS0'.1,1. KA THY WALLACE AND THE ENGLEWOOD AQUATIC STAFF FOR THEIR COM!\IIT!\IENT TO PROFESSIONAL EXCELLENCE AND DESIRE TO MAKE A DIFFERENCE FOR THOSE WHO FREQ liEN T THE ENGLEWOOD AQUATICS FACILITY. Ayes : C o un ci l \!em ber Nabholz. Garrett. Bradshaw. Wo losyn. Yurch1ck. Grazuli s . Burns Na ys: No ne The moti o n c arried . Present to accept the proc lamatio n were Brad Anderso n a nd Kathy W allace Mr. Anderson stated they were definitel y acccp11ng the proclamallon for all o f their staff. He th anked Coun ci l fo r the ir s uppo rt th ro ugh o ur the years. without which thi s wo uld not be poss ible . He a lso thanked all o f the rnizens o f Englewood who come and enj oy the programs. pledging to contrnue the programs fo r them . ••••• ( l Recre auon Services Manager Hultberg and Recreati on Fac1ht) Supervisor Leo nard int rod uced the Park s and Recreati o n Yo uth Advi so ry Coun c il to Cit y C ouncil. M r. Hultberg advised that. appro ximately six mo nth ag o. th ey had a desire to work mo re cl osel y with th e youth 1n ho pes the y wo uld giv e o me good inpu1 on prog rams and facilitie s. A couple o f mo nth ago. the y ac tuall y selec ted the new pla ygro und equipme nt that is goi ng into Ro to lo Park. He sa id he wa s reall y pleased with ho w 1t wa s worl..ing o ut . and the y ha ve bee n rea ll y terri fic a nd are quality individual s . He said Mr. Leo nard has bee n workin g closely wi th them and he asked him to introduce the youth s . Mr. Leo nard echoed Mr. Hultberg"s sent iment s abo ut the youth co un cil. He advi sed th at he was pi nc h h1111n g to nr ght fo r Program Ad minis trator Jeni Rul o n who heads up the youth co un cil . Mr. Leo nard sa id he ha s reall y enJ oyed the yo uth s· s up po rt. We ne ver ha ve to wo rry abo ut them being shy a nd s itting o n their hand s. he said. because the y di ve right in . They ha ve give n us so me va luabl e input thu s fa r. and we hope that con11nues . he said . U nfort unate ly . because o f the weather. there are o nl y a few of them here . he said . but w,e wo uld like to introd uce them . Mr. Leonard introduced Nich o las Nabholz o f Bi s hop Elementary Sc hool. Roy Anderson of Clayton El ementary Schoo l. Ashle igh Edelman of Fl ood Middle School. Ke lsey Ran s i k of C herrcl yn Elementary Sc hool. Jenna Arm strong o f Englewood Hi gh Sc hool and Keira Arm strong o f Sinclair Middle School. Co uncil Member Brads haw sa id she ho p.:s the y will continue to stay involved. and she thanked them fo r all the work they ha ve alread y do ne . • I • 0 • • • Englewood City Coun cil March ::o. 2000 Page 4 . . .. -· • • • Mayor Bums asked for a round of applause for the Parks and Recreati o n Yo uth Ad visory C o unc il members. He expressed appreciation for all their service to the communit y. adding that Counci l wa s very pro ud of them. (d) Bill Clayton from the Greater Englewood Chamber of Commerce wa s present to address City Co uncil regarding the City's proposed creati ve ,gn code . Mr. Cla)10n said it was hi s pleas ure to be here this evening on behalf o f the Greater Englewood C hamber o f Co mmerce. primaril y the Go vernment Affairs Committee. which tries to meet ""'h bu s ine sses and different fo lk s thro ugho ut the business co mmunit y in Englewood and deal wnh iss ue s such as the s ign code. the s idewalk sale s and so fo nh . Mr. Clayton advised that their chairman. Jim Reeves. c uld not be here th is e,emn g. otherwi se he wo uld be addressing Council. Mr. Clayton said thi s year he ha the benefit o f being the co-chair o f the Chamber. and so it was his pleasure to be here . We ha ve given C un ii a lette r \\Ith the C hamber 's po int o f ,·iew on the sig n code. and we are really excited about th,;, s ign code overla y project. he sa id . Mr. Cla~ ton sai d . m o ne of hi s pre vio us li ves . he actually had a bus me s "1th a ,ign . and ne Fe bruary It blew o ut in the wmd . In the process of replacing it. whi c h took about six "eel . ,t reall y does a lot o f dama ge to yo ur bu s ine ss. ,\ sign ,s very important to a busi ne ss. he sa,d . These days. "'th all the di ·c u,s,on we he a r about e - co mmerce. sig ns ha ve ne ver been more imponant to o ur me rchants . That 1,J u t about th e o nl, "ay they have o f communicating with their c usto mers. so the o pponumty to ha, ea more cre:11,ve s ,gn ,s reall~ ex citi ng. and we support that. he stressed. A we stated m o ur letter. we ha, e two re o mmendat 10 n, for yo u. One is that yo u put a time limit on the approval proce ,s. A, a new bu me ss . "hen yo u are tr )mg to get o pen. yo u really can not ask yo urself if yo u want to gamble about having a 1gn r not. If you do no t kn o w ho w lo ng that process is go ing to la st. chances are yo u will JUSt go the safe ro ute and put up a bo nng sign. rather than s pend the mo ney. so we hope that you "ill consi der that. he said . The other thmg 1 . the "'ay the political winds are here in Englewood. you j us t hke to ho pe that. o nce yo u get that appro ,ed. vo u will be able to keep it . Perhaps you could think about some "Ording in the intent language o f the ordin ance that ays. if a person goes through thi s process . we thmk the y ought to be able to keep it as lo ng a s the >1gn is mainta ined. and the bu si ne ss stays in busine ss. From the Chamber o f C o mmerce perspec ti ve. 11 bears repeaung tha t retail sales tJ.x is reall y the powerful engine o f Englewood's pros perit y. and o ur merchants "a nt t be able to contmue to ge nerate that sales ta x and be that powerful engine. he sa id . In co nc ludin g. Mr. Cia)1on sa id he had alread y given C o un c il so me commeni s regarding the poss ible 1dewalk sale c hanges . He said he had a letter fr o m their committee . Doug Cohn . o f Bo nnie Brae Ho bby. o ne of our new b us me se, m Engle"ood. co uld no t be here thi s evening. and a ked Mr. C la yto n to give Counci l a copy o f h1 letter . Co un cil Member Brad sha " o mmented that Mr. Cohn had menu o ned earlier that he wo uld not be here . Ma yor Burns 1hanked Co mmunit y De velopment Director Simpso n and hi s staff. wh o \\Orked very hard o n thi s s ign code overlay. We ha, e di sc ussed it before . he said , and it is gratifying to see the bu sine ss commumt y uppomng thi s effo rt . We have seen so me demo nstrations o f the kind s o f sign s we wil l see. and 11 1s ve ry exciung. he said . 7. Non-scheduled Visitors (a ) Be ve rl y Cummins, 3~ I South Broadway. s poke regarding si dewalk ale . She recognized that C o uncil said something about June. but she said she was thinking along the lines o f a Spring Fling in Englewood . She s uggested having it o n May Da y. and having the sc hool children help m celebrating. and having their parents . friends and everyone do wn to help with a carnival. Maybe ha ve a Ma y Day dance do wn o n the comer there from o ur sho p. It is wide o pen and would go back into the park mg lot . too. If "e wait unul June. the kids will be out of sc hool. She said she th o ught maybe the kid s could hJ.ve th eir fingerprints do ne . and have the schools s ponsor it for mone y-making projects . like a carnival. Maybe "e could ha ve either Coke o r Peps i donate pop and they could make mo ney off of 1he sales that wa y. too. she s ugges ted . Ms . Cummins also s uggested a bake sale . and maybe a radio stat io n or tele vis io n station "o uld come o ut and give us a little s uppon. She thanked Council fo r li stening . • ., • I • 0 • • Englewood Ci ty Council March 20. 2000 Page 5 ,. • • - 8. Communications, Proclamations and Appointments Items S(a). 8(bJ and Sic) were cons idered earlier. See Agenda Item 6 -Sc heduled V1st1 o r . 9. Public Hearing (a ) A Public Hearing was held to gather public input o n Counci l Bill !':o . 9 . amending the Englewood Municipal Code 10 reflect the name c ha nge of Engle"ood' ·Clean .Green a nd Proud Commissio n to Keep Englewood Beautiful. COUNCIL MEMBER BRADSHAW MOVED , AND IT WAS SECOl'iDED. TO OPE:'11 THE PUBLIC HEARING. Ayes : Co uncil !\·I e mber ~abholz . G arren. Brad;ha". Wo lo,1 n. Yurch 1ck . Grazulis . Bums · Nays : 'o ne The mo ti o n c arried and the Public Hearing o pened . All persons givi ng te stimo ny \\ere dul y S\\Orn . Plann ing Tec hn ician Newman med that ,he v.ork s fo r the C it y o f Engle"ood C o mmumt ~ I e, d opment Department and is staff lia1>o n fo r the Clean. Green and Pro ud C o mmi,,1 n. She ad , ,sed tha t the fi rst reading fo r the pro posed o rdinance c hange s occurred o n February 22. 2000. he ubm1tted P roo f o f Publicatio n of the Notice o f Publi c Hearing . which appeared in the Englev.ood Heral d o n Februar~ 25 . :?000 . M s . Newman advi sed that in 1990. Co uncil Bill No. 52 es tab li,hed th e Keep Ameri ca Beau11 ful Commi ss ion. and Reso luti o n N o . 56. Series of 1991 authorized the comm,s I n 10 use th e name C lean . Green and Proud . One o f the pro po ed amendments that is being consi dered to ni gh t . s he sa,d. entail a no th er name c hange . which c han ges the name of the co mm1 ss 1o n fro m C lean. Green and Proud 10 Keep Englewood Beau11ful. The comm issi o n is an affiliate o f Keep Ameri c a Bea u11 ful. she ad\'J sed . whi c h nght now. und e r new leaders hip . is enco uraging all affilia te s to chan ge the ir name s to the "Ke ep Yo ur Co mmuni ty Bea u11ful" fo rmat. The name c hange "ill increase na11 onal recogmr,o n to Keep America Beau11ful and al so draw attenti o n to the collec ti,e effort s o f all affiliate,. Ms . Newman advised tha t th e C omm1,,i o n al so wanted to update 01 her parts o f the ordinance . The) wo uld like to c han ge the term le ng th s fr o m four years to two years. The C o mm 1>s1 on has a \'ery hi gh turn over rate. and bel ie\'CS that the proposed amendment wo uld reduce the turnover rate . mak ing II ea 1c!r f, r peo ple to -co mm it to a two year term than a fo ur year term . Addiuo nall y. the terms fo r the chair a nd , 1ce -c ha1r v.o ul d be reduced fr m t wo )Cars to o ne year. she said . Finall y. the propo ed amend ments "o uld mJ ke ,ome adJu stment 10 the Co mm1 ss 1o n· duties. Currentl y. the ordinance lists ver) spe ,fie du11e . so me o f whi c h the Com.mi ,,on does n t do . F or example. o ne o f the paragraphs require s li sting th e sc,en so urces o f lmer. a nd does no t mentt o n hJz.:trdo us wa ste . whi c h wa s o ne o f th e C o mm, s io n· most u11hzed events. The p ro posed amendments wo uld replace the speci fic dut ies w11h \\Ordin g that all o "s mo re tlexib,lit y and perm11 s Clean. Green and Pro ud activit y to c ha nge as the communit y need s change . um manzing. Ms . Ne" man stated that the propo,ed amc!ndment increase recognitto n \\llh the! Comm1>,1o n's affiliati o n to Kc!ep America Beaut iful. and al so helps to reduce the high turnover rate . The amendments Lo the powers a nd d uu e, sectio n wi ll no t have an effec t o n the pro grams and ac1i vn1e s the C o mmi ,,io n c urrently o ffers . It "1 11 o nly all o w mo re tle~tbility in develo ping new pro grams . Mayor Burns said no one s igned up to s peak at the Publi c Hearing . He inv ited anyo ne who v.i shed to d o so to come fo rward at this time . There wa s no o ne wishing to speak. Council Member Nabholz agreed with the c hanges . commenting that they were wise and beneficial. • ) I • 0 • • • .. "' -· • . . • -... Englewood City Council March 20 . WOO Page 6 COUNCIL MEMBER GARREIT MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes : Council Member Nabholz . Garrett. Bradshaw, Wolosyn . Yurchick . Grazulis . Burn s Nay s: None The moti on carried and the Publi c Hearing closed . 10 . Consent Agenda COUNCIL MEMBER GARREIT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS IO(a (I) THROUGH (v), IO(b)(i) AND (ii), AND IO(c)(i) AND (ii). (a) Approval of Ordinances on First Readin g. (i) COUNCIL BILL NO . 12 . INTROD UCED BY COU 'ClL MHIBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THEM TUAL SHARING OF CERTAIN EQUIPMENT BETWEEN THE C ITY OF ENGLEWOOD AND OTHER CITIES. ST A T E AUTHORIZED QUASI -GOVERNMENT AL ENTITIES OR SPEC IAL DISTRI TS . (ii ) COUNCIL BILL NO 16. INTROD UC ED BY COUNCIL MEMB ER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGRE EMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ST ATE OF COLORADO . DEPARTME 'T OF PERSONNEL WHICH ALLOWS THE CITY OF ENGLEWOOD TO PURCHASE SOFTWARE FROM ST A TE NEGOTIATED SOFTWARE VENDORS . (ii,) COUNCIL BILL 1'0. 23 . INTROD CED BY COUNC IL MEMB ER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED ··u.s . DEPARTMENT OF THE IJ\'TERIOR U.S. GEOLOGICAL s RVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS ... (iv ) COUNCIL BILL NO . 27. INTROD UC ED BY CO UNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AUTHORIZING THE VACATION OF WATER AND SEWER EASEMENTS LOCATED AT ENGLEWOOD CITY CENTER . (v) COUNCIL BILL NO . 28. INTROD UCED BY COUNCIL MEMBER GARRETT A BILL FOR AN ORDINANCE AMENDING TITLE 8. CHAPTER 5. OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO MOVING STRUCTURES IN THE CITY OF ENGLEWOOD. COLORADO . (b ) Approval of Ordinances on Second Reading . (i) ORDINANCE NO . 11. SERIES OF 2000 (COUNCIL BILL NO . 13. INTROD UCED BY COUNCIL MEMBER BRADSHAW ) • I • 0 ] • • • Englewood City Council Marc h 20. 2000 Page 7 ... ,.-· . • • - AN ORDINANCE APPROVING THE ACCEPTANCE OF TWO EASEME:-ITS LOCATED AT ~60 I SOUTH SANT A FE DRI VE GRANTED TO THE CITY AS PART OF A M[NOR SUBDIVISION BY DUGGAN PROPERTIES L.L.C . (ii ) ORDINANCE NO. 12. SERIES OF 2000 (COUNCLL BLLL NO . I~. INTRODUCE D BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AUTHORIZING AN [NTERGO VERNMENTAL AGREEMENT BETWEEN ARAPAHOE COUNTY AND THE CITY OF ENGLEWOOD FOR THE PURPOSE OF EXCHA'.'IG ING GEOGRAPHIC DAT A . (c) Re soluti ons and !'w1 oti o ns (i) P U RC H ASE OF AN IO N CHROMATOGRAPH FROM LACHAT INSTRU MENTS IN THE AMOUNT OF S35.0IO.OO . (ii ) C HAN GE ORDER NO . I TO THE DESIGN CONTRACT WITH 'R GREINER. IN CORPOR ATED FOR AN AMOUNT NOT TO EXCEED $393.550.00. Vote results: Aye s : Nays : The moti o n carried . 11 . Regular Agenda Co uncil Member Nabho lz . Garren . Bradsha w. Wo losyn. Yurchick. Grazuil s. Burns None (a) Approva l f Ordinances o n First Reading . (i) C h ief Building Official Smith presented a rec o mmendat ion fr o m rhe Department of Safety Services. Bu ilding D1 visi n. 10 ado pt a bill fo r an o rdinance amending Title 8-2A o f rhe Englewood Municipal Code (Building Code) 1.0 co mpl y with the Stare ofCo lorado ·s standard s . The Deputy Ci ty C lerk read the coun ci l bill by title : COUNCIL BILL NO . I S. INTRODUC ED BY COUNCIL MEMBER BRADS HAW A BlLL FOR AN ORDINANCE AMENDING TITLE 8 . C HAPTER 2A. OF THE ENGLEWOOD MU NIClPAL CODE 19 85. PERTAINING TO THE BU ILDI NG CODE OF THE C ITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM ll(a)(i)-COUNCIL BILL NO . 18. Mr. Smith sa id these are the most c urrent model s o f th e Uniform Codes available for the safest buildings we can put up in Englewood . Counci l Member Bradshaw as ked if we had a contractor or any kind o f an advisory board fo r th is . Mr. Smith sai d it was pretty mu c h an in-house thing. go ing through and trying to clean up some of rhe o lder and outdated sec ti o ns of T itle 8 . He said he received advice from hi s peers in other jurisdictions as to what issues have come up . why they ad.o pted the coded and ho w they ado pted fee sc hedules and suc h . • I • 0 • • -• ~ ,,,-- • . ' •' • -' Englewood Ci ty Council March 20. 2000 Page 8 Co unci l Member Bradshaw said she remembers when there was a Building Code Advisory Co mmittee. which included contractors. so they could get input from the profession . Sometimes if we do this stuff in absentia. it can cause come problems. too. She recognized that ii was too late for this, but recommended that, in the future . we use an ad visory board. Council Member Nabholz agreed . Mayor Bums asked if thi s al so includes the change in the permit fee s. Mr. Smith sa id yes. thi s waives the sixty-five percent plan review fee for single family. o wner-occ upied dwellings . Vote results: Ayes : Co uncil Member Nabholz. Garrett . Brad shaw. Wo losyn. Yurchick . Grazulis . Bums Nays : No ne The moti on carried. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED , TO APPROVE AGENDA ITEMS ll(a){ii) THROUGH (,·i) ON FIRST READING . {ii ) COUNCIL BILL NO . 17, INTROD UCE D BY COUNC IL MEMBER NABHOLZ A BILL FOR AN ORDINANCE AMENDING TITLE 8. CHAPTER 28. OF THE ENGLEWOOD MUN IC IP AL CODE 198 5 . PERTAINING TO THE MECHANICAL CODE OF THE C ITY OF ENGLEWOOD. COLORADO. {iii) COUNCIL BILL NO . 19. INTROD UC ED BY COUNCIL MEMBER NABHOLZ A BILL FOR AN ORDINANCE AMENDING TITLE 8.CHAPTER 2C. OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO THE PL UMBING CODE OF THE CITY OF ENGLEWOOD. COLORADO. (1v) COUNCIL BILL NO . 20. INTROD UCE D BY COUNC IL MEMBER NABHOLZ A BILL FOR AN ORDINANCE AMENDING TITLE 8. CHAPTER 2D. OF THE ENGLEWOOD MUNICIPAL CODE. 1985 , PERTAINING TO THE ELECTRIC AL CODE OF THE CITY OF ENGLEWOOD. COLORADO. {v) COUNCIL BILL NO. 21. INTRODUCE D BY COUNCIL MEMBER NABHOLZ A BILL FOR AN ORDINANCE AMENDING TITLE 8. CHAPTER 2E . OF THE ENGLEWOOD MUNICIPAL CODE 1985 . PERTAINING TO THE FIRE CODE OF THE C ITY OF ENGLEWOOD. COLORADO . {vi) COUNC IL BILL NO. 22. INTRODUCED BY COUNCIL MEMBER NABHOLZ A BILL FOR A.II/ ORDINANCE AMENDING TITLE 8, CHAPTER 2F. OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO THE CODE FOR ABATEMENT OF DANGEROUS BUILDINGS FOR THE CITY OF ENGLEWOOD. COLORADO. Vote rt'SUlts: • ., , . ' ) I • C, - • • Englewood C il y Council March 20. 2000 Page 9 Ayes: Nays : The mo ti o n carried . •,, • • • ' Council Member Nabholz. Garrell, Bradshaw . Wolosyn . Yurchick . Grazulis. Burns None (v ii) Chief Building Official Smith presented a reco mmendau o n fr o m the Departmenl of Safety Services. Building D1 v1sion. to adopt a bill fo r an o rdinance amending Title 8-1 o f the Engle\\oud Municipal Code so that it ,s appropriately numbered . Mr. Smith explained that . under Ordinance No . 7. Series of 2000. Chapter 7 was deleted . To keep everything in numerical order. the c hapter was pretty mu h just renumbered . Mayo r Burns asked ,f thi s was just a ho usekeeprn g measure. Mr. Smi1h re s po nd ed affi rm auve ly. COUNCIL BILL NO . ~5. INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE RENUMBERING TITLE 8. CHAPTER I . OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAIN ING TO THE DIVISION OF BU ILDl:"IG AND SAFETY ADMINISTRATION OF THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER BRADSHAW I\IOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITE!\l ll(a)(vii)-COUNCIL BILL :'110. 25. Ayes : Council Member Nabho lz . Garrett . Brads ha\\. W los ~n. Yurchick. Grazuh s. Burns Nays : None The moti on carried. (viii ) Chief Building Official Smith presemed a reco mmendat io n fro m the department of Safety Services. Building Di vision. 10 ado pt a bill for an o rdinance amendin g Tule -3 B o f the Englewood Municipal Code so that ii conform s 10 the State o f Colo rad o · s most recent health 1andards fo r sw1 mm111 g pools. Co uncil Member Brad s haw asked if Parks and Rem:ati o n had any input o n this . She sa id . s in ce the y run ou r s-.~mming pools. she tho ught that would be a natural thing . Mr. Smith said he did no t talk" uh 1hem. as th, is a State set o f guidelines that an y swi mming pool in any munkipality in the state has to c:o mply with . In goi ng through Title 8. Mr. Smuh fo und the last o ne adopted wa s the 1973 se t o f standards. We found 199 3 is the most current and brings everything up to date as far as pool safety. Ms . Brad shaw sai d we are going to be designing a new pool. Mr. Smith said a lot of the re gu lat ion s in thi s reference d oc ument would be used . COUNCIL BlLL NO . 26. INTRODUCED BY COUNCIL MEMBER WOLOSYN A BILL FOR AN ORDLNANCE AMENDING TITLE 8. CHAPTER 38. OF THE ENGLEWOOD MUNlCIP AL CODE 1985 . PERT A1NING TO PUBLIC AND SEMI-PUBLIC SWIMMING POOLS IN THE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA ITEM ll(a)(vili) -COUNCIL BILL NO. 26 . Ayes : Council Member Nabholz. Garrell. Bradshaw. Wolosyn. Yurc hi ck . Grazulis. Burns Nays : None The motion carried . • I • 0 -~---------------.-------------:-_---.---, • • -• ,. ,,-. • ' •. • - Englewood City Council March 20. '.!000 Page IO (ix ) Director Ross presented a recommendauon fr om the Department o f Pub Ir e Works to adopt a bill for an ordinance approving Amendment #2 to the Intergovernmental Agreement wnh the Colorado Department of Transportation fo r Co nstruction of Broadway Widening and Medians . Mr . Ross recalled that last November he came before uncil soliciting sup port fo r Amendmenl # I to thi, IGA . As per their c ustom . the y require a City signature before the y o btain their o wn internal sig natures . Mr . Ross emphasized the wording o n Amendmeni # I was the irs and no! ours . The State Anorney General suggested re vised wording that does a better Jo b o f defining respom,ibihtics fo r administratio n and the construction contract . This also pro vi des mo re detailed proJect desc npuo n. so if yo u loved Amendment #I . he joked. yo u will reall y love Amendment#'.!. COUNCIL B[LL NO. 24. INTRODUCED BY COliNCIL MEMBER WOLOSYN A BrLL FOR AN ORDINANCE AUTHORIZI NG THE .. CONT RA CT AMENDMENT#'.!" TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO AND THE ST A TE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF TRANSPORTATION (C OOT) FOR THE CONSTRUCT ION AND FUNDING OF THE PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U.S . '.!85 . .\ND YALE AVE'.'iUE IN THE CITY OF ENGLEWOOD . CO UN CIL MEMBER WOLOSYN MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA ITEM l l (a)(ix ) -CO UN CIL BILL NO. 2.a. Ayes: Coun cil Member Nabho lz . Garrett. Bradshaw. Wo losyn. Yurchick . Grazuli s. Burn s Nays: No ne The moti o n carried . (b) Approv al of Ordinances o n Second Readin g. There were no add it iona l items submined fo r approva l o n second reading . (See Age nda Item IO -Co n ent Age nda .) (c) Re soluti o ns and Moti o ns (i) Direc to r Ross presented a recommenda11 o n fr o m the Department o f Publi c Wo rk s to approve a contract for const ruction o f So uth Broadway improve ment s. He advised that the Ci ty ad vertised for bid s fo r three week s. On March 9. 2000. we received fo ur bids . the low bidder bein g Concret e Works of Colo rad o , he said and staff recommends the Cny award thi s contract 10 Co ncrete Wo rk s fo r the base bid and add alternate number one. fo r the to tal o f 53.'.!::?8 .699 .'.! I . Colorad o Department o f Transportati o n ha s re vie wed the documents that Concrete Wo rk s o f Colo rado has submiu ed as part o f their bid pa ckage . and COOT ha s indicated that . if the Ci ty agree s 10 award . the y. 100. wi ll approve thi s contr act. Mayor Burns commented that 1h1 s is what we di sc ussed at Stud y Sessio n. COUNC IL MEMBER YURCHICK MOVED, AND IT WAS SECONDED , TO APPROVE A CONTRACT FOR CONSTRUCTION OF SOUTH BROADWAY IMPROVEMENTS WITH CONCRETE WORKS OF COLORADO IN THE AMOUNT OF $3.228,699.21. Aye s: Council Member Nabholz. Garrell. Bradshaw. Wo losyn. Yurchick. Grazuli s . Burns Nays : No ne The moti o n carried . (d ) Assistant City Manager Flahert y presented a rec o mmendat io n fr o m the Ci ty Manager 's Office 10 approve a contract fo r relocation to the new Civic Center. Mr. Flaherty said there are now eight y 0 I • 0 ,-~--------------------:-----. - • Englev.ood City Council March 20. 2000 Page 11 •,, • • • days until we move into th e new city hall. The recommended actt o n thi s e,ening. he said . 1s to approve the contra ct with Broadway Mo vi ng and Storage in the amount o f S80.8J2 .00. In JanuJry. the Cuy Purc ha,mg Div ision iss ued a Request fo r Proposals fo r the Civic Center Rel ocati on Project. It W.LS determined that we would utilize RFP "s. rather than the standard bid . fo r severa l reasons . he ad'!;ed. One . the s ize and complexity of the move, particularl y with the Library. as well as the ume con,tr a mt s o f the mo,e. W e are moving over a weekend. and the intent is that we cl ose dty hall o ne da y o nly. and mo ve o n Frida). Saturday and Sunday. he advised . We established evaluatio n c ntena fo r the RFP and Jttem pted to re , te" the proposals received in as objective a manner as possible . C o st "as n t the so le determining fa cto r . he said. although it was a factor. In additi o n to cos t. we co nsidered expenence \\1th ,im1lar ,1ze mo ,es. particularly those made over a constrained period of time . he aid. ltbrari m vm g e,penence . the ab,lt t, o f the mover to control cost. the pri or claims history of the in surance co mpany and the 1n ,ur a nce pro, 0,1 ms. We will be providing a gap insurance fo r anyth ing o ,er the amo unt the earn er pr , ,des . \\'e J bo had to take into account the maxi mum amo unts offered by the mo,er. \1r Flaheni stat ed th lt ,x pro po sal s \\ere received prior to the due date. which was February 25 . 2000. The MO\ mg Vend or e le ct ion ubc o mmmee of o ur larger Move Committee . was made up o f representau,e, fr o m the C11~ \lanJge r ·, o ffi ,·e . he ,aid. Sue Brads haw and him self. as well as Ha nk Long. fr o m the Ltbrari . Betti G o<Js mJn . fr o m Purcha,ing . and Susan Clark from Financial Service . Mr. Flaherti th anked the se peo ple fo r thei r par11 npat 1o n. a, ll t0,,, J lot of time to do this . Ms . Goosman . he said . put in a lo t o f ume in re ,eJ r.:h and putung to ge ther the 1n1 11 J I RFP. and the remaining members s pent a constderabk am ount ofume J nd ,e,erJ I mcc u ng, in co ndu cu ng the eva luati on and making the tinal re co mmendauo n. iter "e rece l\ed the SI\ prn po ,a b . he «rnun ued . we narrowed the choices to three firm s ba,ed on o ur preltmma r) anJ lis1>. th o,e be in g Bn1Jd \\J ) \l<n ,ng and Storage. Cowboy Mo ving and St rage and amt Vrain !\'lo, mg a nd t rag e . Each u f these rn mpani e, made fo rmal prese ntat io ns to the e le cuo n committee. and the co mm mee made a unJn1m o u, recommendati o n based o n several fact ors. Bro ad"ay !\lo ,mg and Storage ha, e,ten,i,e experience \\ll h large and complicated moves. the y ha,e a demon;trated ab,ltt) to make mo ,e, in a ,·o ns tratne d peri od o f time . ba sed o n the refe ren ces provided and o ur no t onl y hee l ing th o ,e reference ; but o ther mo , e, th at they ha ve conduc ted . Also . they utili ze a specialt y ltb ra r, rn o,er. P lnstjllauon,. \\h1 c h ha, exten;,J\e e xperience s pecificall y wit h librar) a nd file move . not o nl) in the Demer met ro po lit an are a. but also tn thi s regio n. Probabl y o ne of the mo st important fac tor; wa, that Br Jd\\a ) !\l o, ing J nd wra ge pm , 1dcd us with a very high comfo rt le,el that the y co uld ·o ndu t 1h 1s mo , e and do 1t ba,ed upo n the pric e esumated . In each of th e propo sal s . we "ere in fo rmed that an~ issue th at aro,e a bo ,e Jnd be~u nd th e ir co ntrol. the City was liabl e for. We questio ned eac h o f the firm , that \\e int e n 1e\\Cd in gre at d etail L>n h,n , the y would control those co sts . We were given the most le,el o f comt ort. he ad, 1sed . bi Brna d"a ) Moving and Storage. and it was primarily th ro ugh their process o f d\J ing a lo t o f pre -m o ,e plJnnmg wnh us . They will be working directly wi th the move co mmittee fr o m the ume that their c on1ra c 11s Jppro ,eJ. th rough the move and post -mo ve. he said . In additi o n. Broad"ay !\l o , mg and St orage had a lo " claim; ratio. and they o ffer the hi ghest insurance coverage for o ur co ntent . Mr. Flaheni ,aid. a, indi c ated in the ordinance. the tota l cost of the move is $80.8J 2 .00. Th e ci ty hall and library mo ,e. o r th a t being paid by the General Fund. will be S75.JJ2 .00. which is within SJ00.00 o f our inmall y budgeted figure . The Utilities Department will pay SJ.000.00. which is the calc ulati o n by Broad"ay Mo ving and St o rage fo r the cost of moving the Uti lities Department. a nd the Credit Uni on will pay SJ00.00. There 1s a compari so n chart attached to the Coun ci l packets. that shows some key elements of each of the proposals that \\·ere received. he said . Mayor Burns said he really appreciated all the work Mr . Flaherty was doing o n this . He said he noticed in the news paper that Lakc'"ood made a si milar move o n Friday. He suggested that Publi c In fo rm ati o n Officer Punccrelli contact them for information about ho w it went. M,. Puncerelli said she wa, planning to . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH BROADWA y MOVING AND STORAGE FOR THE RELOCATION or CITY HALL OFFICES AND THE LIBRARY TO THE CIVIC CENTER IN THE AMOUNT or $80,842.00 . 0 I • 0 • • • .. /' . • • - Englewood City Co uncil March 10. 2000 Page 12 Ayes : Nays : Council Member Nabholz . Garrett. Bradshaw. Wolosyn. Yurchick. Grazuli s. Bums None The motion arried. 12. General Discussion (a) Mayors Choice (i ) Mayor Burns said we have a drawing fo r Dinner and Dial og ue wnh Co uncil. Publi c In fo rmati o n Offi cer Puncerelli conducted the drawing. She advised that. as part o f the Englewood 2000 campaign. it was decided there should be some fun things to do m create commun ity spirit and celebrate Englewood . h was decided that Dinner and Dial og ue with Council would be fun. so peo ple were asked to enter the drawing . Tonight we are going 10 ho ld the drawing. she sai d . and we ha ve fo ur entries. The dinner will be o n Monday. April 24th. at 6 :00 p.m .. and the City 1s go ing 10 cater the dinner. I! will be a chan ce for the Cou ncil and City Manager lo get together with the winnin g ho useh o ld and some o f the neigh bors . however man y !hey would like 10 invite. and talk about Cny issues and program s. CityCenter. and that kind o f thing . she advised . The winner. drawn by Ms . Puncerelh. \\JS Diane Bea,er. 7 13 Eai.t Amher st Place . Englewood . (ii ) Mayor Burns acknowledged that Traffic Engineeri ng Anal y,1 Ladd Vo tr) would be receiving a ve ry mce award from Den ver Regi ona l Co uncil o f Go ,·ernments. a d i;,tingui shed service awa rd . It 1s a very ni ce re rngniti o n. he sai d. and Mr. Vostry has do ne )Co man ·, wo rk o n o ur street s and traffic coordinati o n . (1 i1) Ma)o r Burns no ted that Thursda y. at 5 :30 p.m. at the :'.lam on So uthea st. the Minoru Yasui Award is go ing m be awarded to Perkie Allen fo r all the nice thing, she ha, do ne o ver an amazing number o f yea rs fo r the Ci ty of Englewood . If anyone would like to co me m that. n 1s at the Marri o n Southeast . he said. opini ng that !'vi,. Allen wo uld appreciate it 1f as man y peo ple a, po,s1ble wo uld co me o ,er and rec ognize her for that. (1v ) Mayor Burn, comment ed o n the nice lener fr om Dame! Ha skell . an auorney wh o use ;, o ur re creau o n ce nter. It \\as a very co mplimentary lener o n Michelle Smnh . he said. (v) The So uth l',·letro C hamber Economic Devel o pment Co un cil 1s having a breakfast on Thursda y m m ing at Hudson Gardens at the inn . May o r Burn s sa id he wo uld be participatin g a, a panel member on the So uthwe st Co rridor Light Rail discussi o n . The y are do ing that fo r so utheast. as "ell. so meume on the future . he said . (v1 ) Mayor Burns said there were leners in the Co un cil packet that were sent to members o f th e State Legi,lature re ga rding Senate Bill 182. which would add ano ther layer o f government o ver RTD and do vario us thin gs that so me of us in the Metro Mayors ' Caucus did not think were in ou r best intere st. Thi s was a tuall y pushed by COOT. and if yo u under stand the competiti o n between RTD and COOT . you would know where that was co ming from. He said he te stified o n that bill befo re the Ho use Transportation Co mm iuee last Wednesday. and spo ke with Lauri Clapp and Nancy Spence. who was a co - sponsor in the House . B y the ume she got to that meeting . they had taken all of the go vernment's issues o ut of the bill alread y. and the o nl y thing left was the pamsan elections and the sa larie s. The comm inee vo ted it do wn entirely and then postponed it indetinnely. he said . h really was just a power play . he added . (vii ) Mayor Burns related that he and City Manager Sears auended the Arapahoe Mayors and Managers breakfa l Fnday at Glcnmoor County Club . Cal Marsella was the guest and answered a lot of quest ions about RTD . There were a number of representatives there from the Southeast Corridor as well as the Southwest Corrido r. Mayor Burns said Mr . Marsella menti oned that the y "'ere very • I • 0 • • • Englewood City Counc il March 20. 2000 Page 13 i~ "',. ~ ,,.-- • • - .. .. ' concerned about parking in the So uthwest Corridor when the line opens. which is what we ha ve been talking to them about for the last couple o f years. They are actively leasing lot s pace at places like churches so that peo ple will ha ve places to park for the light rail. anticipating they are going to haw more demand than they can assume. He said they needled Mr. Marsella about Oxford and Arapahoe C o mmunit y C o llege. so the y are very aware that they are probably going to have a parking problem. so we encouraged him to really get serious about 11. Mayor Bums felt that City Manager Sears and s taff would be consulting with him as to exactly where the lots arc and how soon they can get them up and running if they have to . We d o no t want to have to police Oxford. he added. City Manager Scars said Mr. Marsella sent him a list of some potential lots. but he felt they were still in nego tiauon. He did no t feel they were that far al o ng with it. and no ne of them appeared to be in Englewood. mostl y o n the Sheridan border and o n the Denver Eva ns si de . A soon as we ge t information about "'here the lots will be for shuttle. we will get that informati o n o ut to Council. he said . Mayo r Burns said he mentio ned to Mr. Marsella that . when the Rail -Volution committee c ame d own to see o ur building. the y never got in it. He said if he had JUSt kn o wn about that he would ha ve sto pped it immediately. He said the rule that the dnver had to be ba c k at their headquarters by five o'cl ock wa s so mething he could have s top ped if so meo ne could have gotten ho ld o f him . Mayor Burns said he was as ured that kind of thing would not happen again . be,ause that was rea lly a si ll y incident. (viii ) Ma yo r Burns sai d the DRCOG Digests are reall y a good review o f what DR COG d oes. they are quite "ell d ne . Th is re fl ects quote well what happened at the last meeting he attended o n Marc h 15"'. (b) C o un c il Members· C ho ice (i) Council Member Nabho lz : 1. She said thank you fo r the quick response o n the graffiti . There wa s a posiu ve response from Mel at B&B Conoco She sa td she received a all fr o m Steve Schalk. from the Go thi c . He s tated tha t Denser Public Schools. the high sc hool;. ha,e pooled their mo ney together to purcha se 500 ti c ket ,. The) are having a light Jazz. al coho l free afternoon concert o n April 2"". He sa id he ha s been amazed th a t no o ne fr o m Council has visited the Go thic Theatre . Ms . Nabho lz said s he has been there several times. but he extends an invitati o n. Ma)Or Wellingto n Webb ha s been invited to that . as well. M s. abholz felt that C o uncil needs to band together and welcome o ur new bu si nesses . Mayo r Burns said he was just thinking the o ther da y that he had no t been there ye t. M s . Nabholz sai d it 1s go rgeo us. She felt we might want to think about o ur Englewood kid do ing something . We have been looking for a place for the kid s to hang. and she wa s no t saying thi s is nece,saril y it. but o nce in a while . thi s is something we could d o . 2 . She said she received a letter from Ro bert Nolan. He li ve s ne ar Charles Hay at 3000 South Co rona Street . He said the runo ff at Corona and Ogden fr o m Charles Hay overwhelms the sto rm sewers regularly and noods down through there . He would appreciate it if o meone wo uld look at that and !ind out what the problem is. (ii ) C o uncil Member Bradshaw: I . She said if we could take care o f this then we would know who is speaking at the Englewood Schools Career Fairs. and she said she would just turn in one list . She said she thought they received o ne at the Study Session. Council Member Wolosyn said she would go to o ne. Council Member Brads haw as ked if anyone was going to Sinclair on April 6th. Council Member Grazulis responded affirmatively. C o uncil Member Bradshaw said she just thought it would be nice if we could settle it. Ms. Grazulis also confirmed • .., . I • 0 • • • - Englewood City Council March 20. 2000 Page 14 - . .. .,, • • • .. Maddox o n the 7"'. She said she gets so muc h o ut of it. stating that the children ha ve wonderful ideas fo r the redevelo pment . Council Member Wolosyn said she thinks thi s is where Council tells them about their careers. Council Member Bradshaw said you tell them what you do as a career. She said she would do Chcrrelyn Elementary o n Wednesday the 12"'. Ms. Grazulis said she would do Cherrelyn as she has a c hild there. Ms. Bradshaw said she would do Clayton on the 14"'. Ms. Wo losyn sai d she would like to do Colo rado·s Finest Alternative High School and would put it down tentatively. Council Member Yurch1ck said he would also like to do Colorado·s Finest Alternative High School. Council Member Nabholz said she would do Charles Hay Elementary on Thursday the 27"', as well as Bishop o n May 3•d . Ms. Grazuhs said she is not positive. but she may be able to d o Bishop on May 4"'. Mayor Burns said 1f the~ could make up a list. he would try to get in on one ortwo of these ifhe can. but he was not sure about the schedule right now. Council Member Bradshaw said they wanted to know ahead of time . Mayor Burns aid he understands. 2 . She mentio ned wriung the ne ws letter message from City Council. She said ~1 s . Grazuhs has kindl y consented 10 meet the deadline fo r April. and the other mo nths are o pen . She m, 1ted the members of Council to pick a mo nth to write an article . C o uncil Member Wo losyn aid ;he wo uld take June. Council Member Yurchick said he would do December. Council Member Garren said he "o uld have to wait and see . Council Member Nabholz aid she would take Jul y. Ma~or Burns took August. City Manager Sears said he would do o ne . Ms . Brad shaw aid at least thi s 1s a tan . a she hates to kave taff m abmd. 3 . She offered kudos to Ladd Vostry. She said he 1s a fun employee and does a g0ud j o b for o ur City. 4 . She asked Council fo r some kind of consensus that Miller Weinganen must no tify o ur staff if any changes are made in the footprint of the plan at CityCenter Englewood . Council Member Garrett said the footprint is the same. just that they did not put walls up. Ms. Bradshaw said we need to re visit. then. what a wall 1s. and what a space is . She said s he was very embarrassed at the Study Session tonight because "e were caught with egg o n o ur face . We did not kn ow what he was talking about . and if Council Member Grazulis had not happened there. we never would have kno wn . 5 . She said she did not feel Council had given Code Enforcement a proper discuss ion . We heard what they had to say. but she would like to ask them to come back to a Study Session "hen there could be a dialogue. There are still some quesuons. although we know their areas now. Mayor Burns said he wo uld like to ha ve a little chan with those areas o n it. City Manager Sears said he asked Field Supervisor Lynn to stay here for a little bit of time . Probably to night 1s not the time to loo k at that . but 1f there are charts o r other types of thing s Counc il would like. he is here and could pull that together. Mayor Burns agreed that it wasn't quite fair . We were runn ing over. he said. so we had their program later . Council Member Bradshaw said she wanted the folks who had waited to give pre se ntatio ns . because that i horrible if they wait and then we have them come bac k another time. Co unci l Member Nabholz said the Advisory Committee was able to review that . and she said s he was so impressed about what they had put into it and their success sto ries . Mayor Burns said he was impressed on how they identified those propenies. They know them so well. and they have really worked on cleanup and on keeping after them. Council Member Bradshaw said it makes sense. and s he just wanted to make sure all of our citizens are treated fairly, and that enforcement is uniform . Of course. she said. if your neighbor turns you in, it is no t • ., 0 I • 0 J • • Englewood City Council March 20. 2000 Page 15 I• ....... • .. • • uniform . but hopefully we can get away from that third party. and just go around and enforce the ordinances . 6 . Council Member Bradshaw menti o ned the Council Code of Conduct. She felt they should take a look at making so me changes in that. She said she would be bringing Council some suggesti o ns for changes . (iii) Council Member Grazulis : I . She expressed her thank s for being all owed to go to NLC. She said she was very impressed. as was Mike Heberling . who was looking at it through a yo uth · s eyes . and he was totally in awe of everything . He was able to see some of the working things that go on in government when we went down to the Capi to l o ne da y. and met with three aides . o ne from Nighthorse Campbell . o ne fr om DeGette and o ne from Allard . We actually did meet with Tancredo. and got to see a lot of what wa s goi ng o n. so that wa s intere sti ng . she said . We learned how to use the Metro. and the first day II took us an ho ur and fony-fi ve minute s to get fro m our hotel to the meetings. The second day 11 took us fony-ft,e minutes. so "'e learned it al ong the way. she said . Once you learned it. it was wo nderful. she aid . and yo u c uld go JUSt about anywhere yo u wanted to. Ms . Grazulis advised that her repon wo uld follow . She felt o ur pre.ence wa s ve ry important. because the y have people from to wns with popul ations from 15~ to the size o f New Yo rk City. so it is totall y diverse . She said it was interesti ng to tell peo ple about th e TO D's. because a lo t o f them had no idea. and once the y learned about it. the y wanted to e -mail ba k and fonh because they want to kno w more . She said she went to the Holocaust Museum . and 1f yo u c,cr "'ish to be humb led . yo u need to go. she aid . It teache s about tolerance. which we sho uld perhaps have a lo t mo re o f. There "'as a bomb scare while we were there . she said. and half the group that "'as mfr nt of us were sho ,ed o ne "ay. and we were no t immediately told why we were delayed . Just the fact that there were three o f us going through the muse um . and we did lose somebody and did not rind them until !he next day . made it mo re real. She rec ommended that anyone who has the opponunity should go . 2. She offered kudos to Ladd Vostry fo r hi s a"ard . 3. She said she would be going to Perk1e Allen 's presentati o n. 4. She thanked Council Members Bradshaw a nd Garrett for bringing her up o n that special. with her little memo . She knew she was not go ing to ge t a vote . but wanted her opinion heard . 5 . She mentioned the Smart-Trailer placement. She no ticed that there were zero smart trailer placements in the last month o r two. She asked 1f there was a reason. such as the time of year. She suggested Clarkson. Loga n and around sc hools. As lo ng as we have them . let's use them. she said . 6 . She said o ne of the pictures prese nted by Code Enforcement regarding abandoned vehicle s wa s in front of her ho use. It was one that she had turned in . and was not hers . (iv ) Council Member Yurchick : I . He thanked Directo r Black for hi s response . but said he wo uld like a little mo re informati on. He asked if he could get some kind of a day versus night comparison o n maintenance costs and a sc hedule o f the days they are out there . 2 . He sai d when he and Council Member Wo losyn went to the CML finishing school. he noticed all of the cities up there that were members had pictures o n the wall. Not just one picture. but also highlights and ma ybe a couple of little pictures and a big one. and he felt it would be nice if Englewood did something like that . Maybe old Englewood . a little picture of Cinderella City. and a big picture of the CityCenter when it is done. he suggested . 0 I • 0 • -• Englewood C it y Coun cil March 20. 2000 Page 16 • . . • - 3. He said he wo uld like to do a police nde al o ng sometime . City Manager Sears said he th o ught Mr. Yurchick could just gi ve Direc to r Ol son a telepho ne call when he was ready to go out. Friday and Saturday nights are good times to go o ut . he o pined . (v) C o unc il Member Wo losyn menti o ned a letter that she wrot.e supponing a grant that Mary Vedra. the Curric ulum Director fo r the school di stricl. is trying to gel. Ms . W o l S)n aid she had told her that what she i.o uld d o was very limited. because she was a citizen wh o is al so a Coun c ilpers n. City Manager Sears said we would be staffing that through Community Develo pment and wo uld ha ve someone in Director Simpson·s office coordinate that with Ms . Wol o syn. 13 . City Manager's Report (a) City Manager Sears said it is a tremendo us ho nor for Mr. Vostr y to be selected. and both the staff and Council are very supponive o f that. The award s banquet is o n April I~''. he said. and as ke d Council 10 let him kno w if they could attend . There will be se veral peo ple there fr o m the Publ ic Wo rk s Depanment to help recognize him . It will be at the Denver Center fo r the Perfo rmin g Ans . he sai d . an d we will probabl y get a table . Mayor Burns advised that one of the rec ipients of the John Christianson Award is Denni s Re yno ld ;. th e former Mayo r o f Littleto n. wh o worked with us tremendously o n the So uthwes t Co rrido r Light Rail . He was just terrific to work with . he said . (b ) City Manager Sears said he spoke with Mayo r Tho rnt o n when he was in Washin gto n. D.C. and s he verified that the Life Sciences Center is being co nsidered at the Mineral sto p. wh ic h wo uld be a shopping center to the south of that stop. In pan. he said. that wo uld c reate some co mpetition with what we are do ing . She did no t say what the timing was . and Council had no t seen it yet. but it is go ing to be co ns idered in the near future . he advi sed . It could be tough for us. in part. but he fdt if wo uld wo rk . Mr. Sears said we are wo rking on the sight. and everything is co ming together. The steel is so mewhat del a~ed for the bridge . but it is o n its way. He said Engineering Manager Kahm provided an update o n the Cente r for Co unc il to night . as Mr. Sears wa s o ut o f to wn la st week . He said he kn o ws the staff continued o n. o th er than fo r o ur nego tiati o ns with Trammel and Miller. We have several maj o r issues to deal with and we are anti c ipating the plans to be submitted by the end o f this week to be reviewed by staff next week and presented to Co un ci l o n April 3rd. he advised . We are ho ping the y will meet all th<! guidelines that we have . The co nstruc ti o n is, for the most pan. procet:ding in a real positive fa shi o n. with Wal-Man and the improvements o ver there . he said . Co un c il Member Bradshaw co mmented that they sure are fa st. Mr . Sears agreed . (c ) Cit y Manager Sears ad vised that there will be an annual staff retreat at the end o f this week . We will be in Bo ulder fo r a day and a half. he said . There are some issues. and we want to get away fr o m the pho ne s and have better communicatio ns about so me o f the City financ es and projects that we have . (d ) He said there wo uld be no meeting next Monday night . and he wo uld be gone for a couple o f days. He said Assis tant Cit y Manager Flaheny would be here . Co uncil Member Grazulis asked if City Manager Sears had a date for them to get to gether. He said. for the Co uncil retreat, it would be May 6'". We will put together an agenda. he said. but it will pro babl y be like last year. We will go through three goals by the depanment directors for I.hi s next year, focus on th ose . and then we would like Council to spend some time talking about I.he issues and what focus the C o uncil wo uld ) I • 0 • • • Englewood City Council March 20, 2000 Page 17 • • -.. like to see in the budget for thi s next year . We would also like to do a walkthrough of the city hall that da y with Council and give an opponunity to sec where we arc with that. he said. 14. Clay Anormy's Report City Anomey Brotzman did not have any matters to bring before Council. COUNCIL MEMBER NABHOLZ MOVED TO ADJOURN. The meeting adjourned at 9 : 15 p .m . ••••• ., I • 0 I ·J • • • ,, • • -.. PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS April 3, 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 CCS1GN1 • ' I . 3 X • • • ... ,, ,.-. • ct - PROCLA!vlA TION WHEREAS, Emma Goldsboro has been an acti ve Englewood citizen since 1918, and is a very special member of our community; and WHEREAS, Mrs . Goldsboro will celebrate her I OS 'h birthday on April 9 , 2000;and WHEREAS , the City Council of Englewood wishe s to re cognize and ho n o r Mrs . Goldsboro on the occasion of her birthday; and WHEREAS , Mrs . Goldsboro generously vo luntee red her ti me at the M ailey Senior Re creati on Center and helped with the Voluntee rs o f America lunch p rogram for man y :'ears ; and WHEREAS , Mrs . Goldsboro is the oldest mem be r of the .\lallev Senior Re creatio n Center and has had the rare opportunity of ex perien ci ng three different centuries ; a nd NO\V , THEREFORE , we the City Council Me mbers of the Cit:' of Englewood hereby ongratulate Emma Goldsboro on the occasion u f her I 0 8th birthday , o fferin g o ur wam1 est bin.hdav \\~shes and our sinc ere thanks for her manv contributions to . . the :\!alley Seni or Recreation Center and the City of En gle\\'ood . B II.· Printed en Recyc led Pape,. J!: Ii • JI I • ,-------------------------------------·------------------ • • • • • -' ;D()...I BY AUTHORITY ORDINANCE NO ._ SERIES OF 2000 COUNCIL BlLL NO . 29 INTRODUCED BY COUNCIL MEl'dBER~~~~~~- A BILL FOR AN ORDINANCE AMENDING TITLE 3 , CHAPTER 4 . SECTION 16 . SUBSECTION 3-A-5 , OF THE ENGLEWOOD MUNICIPAL CO DE 1985, PERTAINING TO THE CITY OF ENGLEWOOD NOl\'EMERGENCY RETIREMENT PLAN DOCUMENT (THE PLAN). WHEREAS, the City Council of the Ci ty of Englewood. Colorado passed Ordinance No . 40 , Series of 1999 amending E .M .C. Title 3 , Chapter 6. pertaining to the City of Englewood NonEmergency retirement Plan; and WHEREAS . the passage of this Ordinance will provide the change required by the Internal Revenue Service ; 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 amends Title 3 , Chapter 4, Section 16 . Subsection 3-A-5, of the Englewood Municipal Code 1985, to read as follows : 3-4-16-3: LIMITATION OF BENEFITS : Effe ctive January I . 1987 , notwithstanding any other provision contained herein to the co ntrary, the benefits payable to a Member from tlus Plan provided by City co ntnbutions shall be subject to the limitations of Internal Revenue Code Sect10 n 415 in accordance with subsections A and B below : A. Defined Benefit Plan Only. Any annual Pension payable to a Member hereunder shall not exceed the le sser of: 5. Effective for years beginning on or after January I 1995. m the eve nt that a Member has been credited with less than ten (10) years of se rvice , the pereentage ef a, erage earnings limitatien ether, uie applieal,le ttn!ler Sttl,eeetien t\(2) al,e, e an!I the dollar amount otherwise applicable unde r Subsection A(3) above shall be reduced by multiplying eeeit such amount by a fraction. the numerator of which is the number of such Member's years of service (or part thereof), but never less than one (1), and the denominator of which is ten (10). -I - • ... I • 0 • • -. • ,~ .. 't . • - COUNCIL COMMUNICATION Date Agenda Item Subject April3 ,2000 A bill for an ordinance adopting amendments to the City of 10 a i Englewood NonEmergency Ret ire ment Plan Document (the Plan ) Initiated By Staff Source Administrative Services Deoartment I Frank Grvalewicz . Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council passed Ordinance 40 , Series of 1999, amendin g Title 3. Chapter 6, perta ining to the City of Englewood NonEmergency Retirement Plan Amendmen t. RECOMMENDED ACTION Staff recommends the City Council approve the attached b ill for an ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance does not substantially change the current level of pension benefits for the NonEmergency Retirement Plan participants . The ordinance prov ides the Internal Revenue Se rvice 's (IRS) required changes to the Plan as stated in the IRS Letter of Determination. ' The Plan document is amended to comply with federal requirem ents . FINANCIAL IMPACT None . LIST OF ATTACHMENTS Proposed bill for an ordinance .. I· 0 • j ..,,, .. ·~ • -... Sectjon 2 Safety Clauses The City Council hereby finds . determines. and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and s afety and for the protection of public convenience and welfare . The City Co uncil furthe r determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3 Seyerability If any clause, sentence, paragraph. or part of tlus Ordinance or the application thereof to any pe.rson or circumstances shall 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. Sectjon 4 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 5 Effect of repeal or modjfi<;atjon The repeal or modification of a ny provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture . or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well a s for the purpose of sustaining any judgment. decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedings , or prosecutions . Sectjon 6 ~ The Penalty Provision ofE.M.C . Section 1-4-1 s hall apply to each and every violation of this Ordinance. Introduced, read in full . and passed on first reading on the 3,d day of April . 2000 . Published as a Bill for an Ordinance on the 7th day of April, 2000. ATTEST Thomas J . Burns, Mayor Loucriahia A. Ellis, City Clerk -2- • ' . ' I • C, - • • • ~ _. • l·~. . .. • -' 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 3rd day of April, 2000 . Loucrishia A . Ellis -3- 0 I • 0 - • • ORDINANCE NO . SERIES OF 2000 '·. • • - BY AUTHORITY A BILL FOR .. /DtJ.,;; COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING "AMENDMENT NO. ONE TO CITY OF ENGLEWOOD POLICE OFFICERS PENSION PLAN (AS ru\1ENDED AND RESTATED EFFECTIVE JANUARY 1, 1999)". WHEREAS , the City Council of the City of Englewood. Colorado passed Ordinance No . 47 , Series of 1999, adopting an amended City of Englewood Police Officers Pe n sion Plan document: and WHEREAS , the adoption of this Ordinance doe s not s ub s tantially change t he current level of pension benefits for the Police Officers Pens ion Plan partmpants : a nd WHEREAS , the Ordinance provides the Internal Revenue Serv1ce · (I RS ) required changes to the Plan as stated in the IRS Letter of Determination: NOW , THEREFORE , BE IT ORDAINED BY THE C ITY CO U:-.lCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood . Colorado hereby authorizes the adoption of "Amendment No . One to City of Englewood Police Officers Pension Plan (as Amended and Restated Effective January 1. 1999)". attached hereto as "Exhibit A". Sectjon 2. The Mayor and the City Clerk are hereby authorized to -,ign and attest said "Amendment No . One to City of Englewood Police Officers Pension Plan (as Amended and Restated Effective January l , 1999)", for and in behalf of the City of Englewood . Introduced, read in full , and passed on fir st reading on the 3rd day of Apnl, 2000 . Published as a Bill for an Ordinance on the ith day of April. 2000 . Thomas J . Burns, Mayor ATTEST : Loucriahia A. Ellis, City Clerk -1- I • 0 - • • • • •,. ... • • .. COUNCIL COMMUNICATION Date Agenda Item Subject April 3, 2000 Bill for an Ordinance adopting amendments to the City of JO a ii Englewood Police Officers Pension Plan Document (the Plan ) Initiated By Staff Source City of Englewood, Administrative Services Frank Gryg lewicz , Director Department COUNCI. GOAL AND PREVIOUS COUNCL ACTION The City Council passed Ordinance 47, Series of 1999, adoptin g an amended City of Englewood Police Officers Pension Plan document. RECOMMENDED ACTION Staff recommends the City Council approve the attached bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED This ordinance does not substantially change the current level of pension benefits for the Police Officers Pension Plan participants. The ordinance provides the Internal Revenue Service's (IRS ) required changes to the Plan as stated in the IRS Letter of Determination . The Plan document is amended to comply with federal requirem ents . FINANCIAL IMPACT None . LIST OF ATTACHMENTS Proposed bill for an ordinance • I I· 0 - • • .. • ...... • - ., 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 3rd day of April, 2000. Loucrishia A. Ellis -2- • ' . ., ) I • 0 xi ------------------------------~-c~ • • • • .. • -.. Al\'IENDME:'1/T '.'IJO. ONE TO CITY OF ENGLEWOOD POLICE OFFICERS PENSION PL..\J'i (AS . .\l\'IENDED . .\l'1D RESTATED EFFECTIVE J . .\J'IUARY 1, 1999) Pursuant to the authority of the City of Englewood and the provisions of . .\rticle XIll , Section 1 of the City of Englewood Police Officers Pension Plan (.\s .\mended and Restated Effective January 1, 1999) (the "'Plan""), the Plan is hereby amended. effective January 1, 1999, except as otherwise noted, as follows: I. Article I. Section 2 .j. is amended. effective January I, 199-. to read as follows : J. Emolo vee : Any person whose Covered Emp lo:ment with the Employer commenced prior to April 8, 19 i 8. and who. on and after the Effective Date. is receiving remuneration for Covered Employment or would be recei\·ing such remuneration except for a duly authorized absence. Included are ·l eased employees .· The term ·Jeased emplo yee· means any person (other than an employee of the reci pient ) w ho pursuant to an agreement between the rec ipient and any other perso n ( ·1easin = o rgan izatio n") has performed services for the rec ipient (or for the recipient and related persons determined in accordance with Code Sectio n 4 l 4(n )(6)) on a substantia lly fu ll -ti me basis for a peri od of at least one ye:ir, and such serv ices are perfonned under primary direction or co ntrol b y the rec ipient . Contribut ions or benefits pro\·ided a leased emplo yee by the leasing organizat ion which are attributable to services performed for the recipient employer shall be treated as pro vi ded b y the recipient employer. A leased emplo yee shall not be considered an employee of the recipient if: (1) such employee is covered by a money purchase pension plan providing: (a) a non integrated employer contribut ion rate of at least ten ( I 0) percent of compensation. as defined in Code Secti on 415 (c )(3 ). but including amounts contributed pursuant to a salary reducti on agreement which are excludable from the employee 's gross income under Code Section 125 , Code Section 402(e)(3), Code Section 4 02(h )(l)(B ) or Code Section 403 (b), (b ) immediate panicipation , and (c) full and immediate vesting; and (2) leased employees do not constitute more than 20 percent of the rec ipient"s nonhighl y compensated workforce." 2 . Amend . .\rticle V. Section 9 .m. by re vising the paragraphs following (6 ) to read as follows : '"Regardless of the form of payment the Retiree chooses. the minimum distribution amount will be determined and made in accordance with Code Sect ion 40l(a)(9) and the regulations thereunder, including minimum distribution incidental death benefit requirement of Proposed Regulation Section 1.40 1(a )(9)-2 . The minimum distribution is recalculated annually on the bas is of the life expectancy of the Retiree and the Retiree·s designated beneficiary, if applicable. If elected in writing before the required beginning date under Code Section 40l (a)(9) by the Retiree, and/or the Retiree 's spouse, if applicable , the life expectancy of the Retiree and'or the Retiree ·s spouse shall be recalculated annuall y. 02-6();97 03 A ~ X ... I • I T A "· . ' I • • • .. ~ _,,-. • ·,, ,, • -' The Code Section 40l(a)(9) death distribution provisions as specified in Article VII, Section 5 shall apply. If the Retiree makes no selection as to form of payment within 30 days of termination of employment or expiration of the five-year limit for participation in the DROP , a lump sum payment shall be made. All distributions need to follow the distribution guidelines from the Fire and Police Pension Association." 3. Article VII, Section 3, is amended, effective January I. 1989 , to read as follows : "Section 3 . Death Benefit after Elisrib 11itv for a Deferred Vested Pension : If :my Participant should die after he is eligible for a Deferred Vested Pension hereunder but before Pension benefits have commenced. his spouse. if li\·ing. or his estate. if no spouse or if his spouse is not living. shall be entitled to recei\·e the Participant ·s Contribution Accumulation in a single sum . In li eu of this single sum. a sur.i,·ing spouse may e lec t the monthly death benefit set fonh in Section 1. of this Art icle VII to begin on the first day of the month following the date the Panic1pant would ha\·e attained age fifty-five (55). The Participant"s surviving spouse shall be considered the Partic ipant"s designo.ted beneficiary for purposes of Artic le VII. Sect io n 5.b ."' 4. Amend Article VII by adding a new Section 5. effective January I. 19 89 : "Section 5. Death Distribution Provisions : The death benefits provided . .\rt icle VII, Sections 2 and 3 are an inherent part of the Participant 's interest . Thus. the death benefits provided under such sections are the remaining ponion of such interest and payment of such death benefits in accordance with such sections shall be considered to be distributed at least as rapidly as under the method of distribution being used prior to the Panicipant 's death. a. Distribution beginnim? before death . If the Part icipant dies after distribution of his or her interest has begun. the remaining ponion of such interest \\ ill continue to be distributed at least as rapidly as under the method of distribution be ing used prior to the Participant's death . b. Distribution beginning after death . If the Participant dies befo re distribution of his or her interest begins. distribution of the Participant 's entire interest shall be completed by December 31 of the calendar year containing the fifth anni\·ersary of the Panicipant's death except to the extent that an election is made to recei\·e distributions in accordance with (I) or(:) below : 02-60i97 OJ (I) if any portion of the Participant 's interest is payable to a designated beneficiary, distributions may be made over the life or over a period certain not greater than the liie expectancy of the designated beneficiary commencing on or before December 31 of the calendar year immediately following the calendar year in which the Participant died ; 2 ' • ) I • 0 • • • --------------------~ .. ,----------------------------------- • .,-· . • • - (1) if the designated beneficiary is the Panicipant 's surviving spouse, the date distributions are required to begin in accordance with (I) abo ve shall not be earlier than the later of (a) December 31 of the calendar year immediately following the calendar year in which the Panicipant died and (b ) December 31 of the calendar year in which the Participant would have attained age 70 '',. If the Participant has not made an election by the time of his or her death. the Participant's designated benefic iary must elect the method of distribution no later than the earlier of (i) December 31 of the calendar year in which distributions would be required to begin, or (ii) December 31 of the calendar year which contains the fifth anniversary of the date of death of the Participant. If the Part icipant has no designated beneficiary, or if the designated beneficiary does not elect a method of distribution. distribution of the Partic ipant's entire interest must be completed b y December 31 of the calendar year containing the fifth anni versary of the Partic ipant"s death . c. For purposes of Section 5 .b . above. if the sur\'iving spouse dies after the Participant, but before pa:,ments to such spouse begin. the pro\'isio ns of Section 5 .b .. with the exception of paragraph (1) abo \·e. shall be app lied as if the SUl"\'i\·ing spouse were the Participant. d. For purposes of this Section 5. any amount pa id to a child of the Participant will be treated as ifit had bee n paid to the sul"\·i\·ing spouse if the amount becomes payable to the sur\'i\·ing spouse when the child reaches the age of majority. e. For the purposes of this Section 5, distribution of a Part ic ipant 's interest is considered to begin on the Participant 's required beginning date (or. if Sec tion 5.c. abo\·e is applicable, the date distribut ion is required to begin to the surviving spouse pursuant to Section 5.b . abo\'e). If distribution in the form of an annuit y irrevocably commences to the Participant before the required begi nning date. the date distribut io n is considered to begin is the date distribution actually commences ... 5. Article XN , Section 4 .c . is amended. effective January I, 1999 , to read as follows : ··c . If the Emplo yer's de te rm inat io n letter issued b y the C ommissioner of Internal Revenue as to such Employe r"s adoption of this Plan is an initial determinatio n letter and is to the effect that the Plan and Trust herein set forth or as amended prior to the receipt of such letter do not meet th e requ irements of Sections 401 (a) and 50 I (a) of the Code. the Employer shall be entitkd to withdraw. within one (I ) year of the date of issuance of such letter, all of its contributions made on and after the E ffectiv e Date. as though it had never adopted this Plan and Trust, prov id ed the application for determination is made within the time prescribed by law for fil ing the employer·s return for the ta'Cable year in which the Plan is adopted or such later date as the Secretary of the Treasury may prescribe."' I • () - • • • • -· • ,. .. • • .. IN WITNESS WHEREOF, and as conclusive evidence of the adoption of the foregoing instrument comprising Amendment No. One to City of Englewood Police Officers Pension Plan (As Amended and Restated Effective January 1, 1999), the Employer has caused its seal to be affixed hereto and these presents to be duly executed in its name and behalf b y its proper officers thereunto authorized this __ day of , 2000. AITEST: CITY OF ENGLEWOOD, COLOR.WO By _____________ _ Loucrishia A . Ellis, City Clerk Thomas J. Bums. :Vlayor 02~797.0J 4 ' ' ~ .. "· ' ~ .. • I . 0 I - • • ORDINANCE NO . SERIES OF 2000 . . ,. • • - BY AUTHORITY ... COUNC IL BILL NO. 9 I NTROD UC ED BY COUNC IL MEMBER BRADSHAW AN ORDINANCE Ai\1ENDING TITLE 2. CHAPTER 8. OF THE E NG LEWOOD MUNICIPAL CODE 1985 . PERTAINING TO THE '.'JA.i\lE C HA::,,./GE FOR KEEP AMERICA BEA UTIFUL COMMISSION TO THE NEW TITLE . KEEP E'.'JGLEWOOD BEA UTIFUL COMMISSION . WHEREAS, the Ke e p America Bea utiful orgaruzanon's str ategy to r aise aware n ess of Ke ep America Beautiful's identity as a res pected n ational network of org aruzation s working to improve the quality of life in America n co mmuruties: a nd WHEREAS , the Keep America Bea utiful orgaru zat10n is en co uragi n g mor e affiliate to join their colleagues in Houston, Columbus, Indi a napolis a nd Chica go by ch a n gi ng their name , to (ci t y, co unty , state) Beautiful : a nd WHEREAS, uniting the Keep America Beautiful affiliate network under a co mm on name will increase n ational recogrution of the Kee p America Beautiful orgamzauon a nd , in turn, attract new volunteers , donors a nd partners : a nd WHEREAS, this name change and the new a dvertising designed for use by local affiliates, are important first ste ps in leading the orgaruzation to a s tronger na t io n al identity; NOW . THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO. AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood . Co lorado here by a me nd s Ti t le 2. Chapter 8 , of the Englew ood ~1uruc1pal Cod e 1985 . to read as follow s: CHAPTER 8 KEEP AMEIUCl. ENGLEWOOD BEAUTIFUL COMMISSION 2-8-1: COMMISSION ESTABLISHED; MEMBERSHIP AND TERMS : Th e r e is hereby established a KEEP E NG LEWOOD BE AUT IF UL co mmission A'.'J AFFILIATE OF KEEP AMERICA BEA UTIFUL. I NC . of the City of Englewood , to be of fifteen (15) persons to be a ppointed by the City Co uncil. ALL CO MMISSION MEMBERS WILL BE APPOINTED TO OVE RLAPPI NG TERMS OF TWO (2) YEARS . THE CITY COUNCIL SHALL MAKE APPOINTMENTS TO FILL VACANCIES FOR UNE XPIRED TERMS . ~ Ci"metl 11hall lie11iirnaee 11e, en (7) 111e111her11 ehhe Ce111111i1!11ien te l!eP\ e 11nal 9eeemher 19, 1991a , ans eighe (8) 111emher11 te ser,e 11ntil 9eeemher 19 , 1991 , er the halanee ef a fetll' (0 , ear term "hen ae11ign11teli mis term. -I - • 10 b i ) I • 0 • • • ,. ./ . • .•. • • 2-8-2: ORGANIZATION AND MEETINGS : A. In MMe!, NOVEMBER of every e .eft ftttmeerea year. the Kee p Amertee- ENGLEWOOD Beautiful Commission s hall select its chairper son and vice chairperson fortwe (~) A ONE (1) year termlt. The chairper so n and n ee chairperson shall be entitled to enter into all discussions of t h e Co mm1 ss10 n and to vote on all questions before the commiss10n. The chairpe r so n s hall be the presiding officer and shall have such other and furthe r duties as may be designated by the rules and regulations of the Comm1ss1on . When the chairperson is absent, the vice chairperson shall se rve as the presi ding office r . B. A simple majority of the duly appointed members of the Commission shall co nstitute a quorum for the transaction of business. In t he a bsence of a quorum. such members as are present may adiourn from time to time until a quorum is present. 2-8-3: POWERS AND DUTIES: The Keep Amerie!t ENGLEWOOD Bea utiful Co mm1s 10n ·hall have the following powers and duties: A . Be adV1sory to the City Council in all matters pertaining to Keep America Beautiful, Inc. B . Prepare 11nnttaH, 11 l,eep .\merie11 SP.lGbSWQQE) Beatttifttl m11ster pl11n fer Sngle .. eea . (; B. Act as a sounding board of the community and gather and assess the facts and data necessary to make sound recommendations to the City Council in providing Keep America Beautiful services. The Commission, .. ith the !lppre,81 ef Ce-eil, may form committees made up of Commission members as well as citizens as needed , to research programs that call for extensive time and discussion . These committees will be advisory only to the Keep ,"1.merie!I Be!ltttiflt! Commission. E). C. Adopt rules and regulations for the conduct of the Commission meetings a nd duties of its officers and committees. SD. At a minimum meet monthly . F . G . The lieep Amer;e!I Be!lttti:ful Ce111111issien sh!IH ae, elep !I eeh!I. ier!III, ell sea !lppre!leh te liuer pre, entien !Ina , elttnt!lr, ree, eling. The li:eep .\merie!I Be!ltttifttl Cemmissien shell ae,elep !I methea te 1111pre,e , !late h!lnaling pr!letiees tn the Cit, ef Sngle .. eea . H . The Keep ,\merie!I Be!lttti:ful Ce111111issien sh!IH .. erlt te ehsnge l,eha,iers attitttae11 !Ina pr11etiee11 eaeh peraen has aeettt hanaling seha .. a11te . The lreep Ame .. ea Beatttiittl Ce111111iss1en shall ,erlt te eliminate the feHe .. ing Mmees ef Htee1 : l-. I mpreper hettsehela refttee ptttettte. lmpraper ee111111ere1al I ektae r,11titntl8 . -2- • ., I • 0 • • • . . . ... • -.. a-. Unee,eretl ,emeies . +.-Litter &em le,uimg tleelte . &. Litter &em eenetrttetien anti tlemektien sites. &. bitter &em meterietll. ;., Litter &em petlestriane . .J-c The Keep Ameriea Beatttifttl Cemmie!!ien shall ereete: !-. A sense ef e-w neHnip 11, eitlmene in .. aste . i!-. .\ sense th.at eaeh eitir,en hae a 1eepens1i1Hit, te elean 1tp .. asie . E. DEVELOP PROGRAMS AND SERVICES THAT INCREASE CITIZEN COMMITMENT TO AND RESPONSIBILITY IN ISSUES RELATING TO WASTE REDUCTION, ENVIRONMENTAL PROTECTION AND NEIGHBORHOOD BEAUTIFICATION. Sectjon 2. Safety Clauses The City Council , hereby find s , determines . and declares that this Ordinance is promulgated under the general police pow e r 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 h e alth and s afety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper leg1 s lat1ve object sought to be obtained. Sectjgn 3. Seyerability If any clause , sentence. paragraph. or part of this Ordinance or the application thereof to any person or circumstances s hall for any reason be adjudged by a court of competent jurisdiction invalid , s uch Judgm ent shall not affect impair or invalidate the remainder of this Ordinance or its a pplication to other persons or circumstances. Sectjon 4 lnconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion her eof a r c hereby repealed to the extent of such inconsistency or conflict . Introduced, read in full, and passed on first reading on the 22•d day of Fe bruary, 2000 . Published as a Bill for an Ordinance on the 25th day of February, 2000 . A Public Hearing was held on the 20 1h day of March, 2000. Read by title and passed on final reading on the 3,d day of Apnl, 2000 . -3- . , I • - • • • • .. • - Published by title as Ordinance No . ~ Series of 2000 , on the 7th day of April . 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 cop y of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 2000. Loucrishia A. Ellis -4- .. I • 0 32 - • • • t• ~ •• ORDINANCE NO._ SERIES OF 2000 . ,. .. " • • • .. BY AUTHORITY .. COUNCIL BILL NO . 12 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING THE MUTUAL SHARING OF CERTAIN EQUIPMENT BETWEEN THE CITY OF ENGLEWOOD AND OTHER CITIES, STATE AUTHORIZED QUASI-GOVERNMENTAL ENTITIES OR SPECIAL DISTRICTS . WHEREAS, it would be of mutual benefit for the City of Englewood and other cities . State authorized quasi-governmental agencies and special districts to share the u se of certain vehicles and equipment: and WHEREAS, the need for such vehicle or equipment sharing often arise s with shon notice or on an emergency basis : and WHEREAS. when a vehicle which is needed for a scheduled activity or emergency services is not operable, an equipment sharing procedure would allow the City to borrow the needed equipment on a short term basis; and WHEREAS. it would benefit the City of Englewood and its citizens to a uthorize the City Manager or designee to approve the sharing of vehicles and equipment on an a s needed basis; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : $eL1iPP 1. The City Council of the City of Englewood , Colorado hereby authorized the City Manager or designee to approve the sharing of vehicles a nd equipment on an as needed basis. Introduced, read in full . and passed on first reading on the 20th day of March , 2000 . Published as a Bill for an Ordinance on the 24th day of March, 2000 . Read by title and passed on final reading on the 3rd day of April, 2000 . -1- • .. . ,. 10 b ii I • 0 3 I -- • • • .. • ,,.....- • •-. ..... .. • -' Published by title as Ordinance No. ~ Series of 2000, on the 7th day of April , 2000 . ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000. Loucrishia A. Ellis -2- . . ' ' "' , ' ) I • 0 I - • • • ORDINANCE NO . _ SERIES OF 2000 ,. ,,.-·· • • - BY AUTHORITY ... .. " COUNCIL BILL NO . 15 I. TRODUCED BY COUNC IL :VlEl\offiER BRADSHAW AN ORDINANCE AUTHORIZING THE ACCEPTA~CE OF AN AMENDMENT TO THE AGREEMENT Al\'D SUBLEASE BETWEEN THE '.\1USE UM OF OUTDOOR ARTS (MOA), THE ENGLEWOOD ENVIRO NM ENTAL FO -~roATION . I'.'1 C. (EEF) AND THE CITY OF ENGLEWOOD , CO LORADO (CI TY). WHEREAS , the City Co uncil of the City of Englewood h as de 1gnated approximately 15,000 squa re fee t of pace on t he second floo r of the Engle wood C,,.,,c Center for cultural uses; and WHEREAS, in an effort to activate a nd e n e rgi ze CityCente r Engle wood a nd t o provide for a unique character to the developm e nt. the City h as e xpl or e d o pp ortunm s for coo peration with cultural orga ruzation s at C1tyCenter; a n d WHEREAS, the primary tenant for tlus area is the '.\lu se um of Outdoor Arts ; and WHEREAS , the Englewood City Council a uthorized a n Agreement a nd S ubl ease between MOA , EEF and the City by the passage of Ordinance No . 68, Senes of 1999 : and WHEREAS , additional space ha s beco me ava ilable a nd the parties wish to e nl a r ge the a mount of space available to the Museum of Outdoor Arts for s ublease ; a nd WHEREAS , the passage of this proposed Ordinance will finalize a n a m e ndm e nt to the Sublease and Agreement between the Cit y of Engle wo od , the Engle woo d Environmental Foundation, Inc. and the Muse um of Outdoor Arts e xp a nding the space and clarifying uses; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO UNC IL OF THE C ITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sect10n 1. The acce ptance of the Am e nde d Agreeme nt a nd Sublease between the City of Englewood , Colorado , Museum of Outdoo r Arts a nd the Englewood Environmental Foundation, Inc. for s pace at the Englewoo d Civic Ce nter. attached as "Attachment l ", is hereby accepted a nd a pprove d by t he Englewood City Council . Sectjon 2. The Mayor is authorized to execute a nd the City Clerk to attest and sea l the Amendment to the Agreement and Sublease for a nd on behalf of the Cit y of Englewood. Colorado. Introduced, read in full. and contmued on first reading on the 6•h day of March, 2000 . -I - 0 10 b iii ) I • 0 - • • • ,,.... . • ' i• io, ~ .... .. • • .. Reintroduced, read in full. and passed on second reading at a Special Meeting held on the 13th day of March, 2000. Published as a Bill for an Ordinance on the 17th day of March, 2000 . Read by title and passed on final reading on the 3rd day of April. 2000 . Published by title as Ordinance No . ~ Series of 2000, on the ith day of April , 2000 . ATTEST: Thomas J. Burns, Mayor Loucrishia A. Ellia, 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 32 • • • • .. • -., AMENDMENT TO GOVERNME.:"JTAL AGREEMENT AJ.~D SUBLEASE WHEREAS, the City of Englewood . Colorado (hereinafter referred to as "CITY"), the Englewood Environmental Foundation, Inc . (hereinafter referred to as "EEF"), and The Museum of Outdoor Ans (hereinafter referred to as "MOA") entered into a "Governmental Agreement and Sublease" on ~ovember 22, 1999 . C oncerning the agreement and sublease of certain premises in the C ivic Center Building located at 1000 Englewood Parkway. WHEREAS, the parties wish now to amend that agreement to reflect subsequent changes in the availability of space and agreements for mutual use of that space. THEREFORE the following sections shall now read as follows : GRA'.'IT :\ 'JQ TER\I 1.1 Demised Premises. In consideratio n of the rent s. c o.,,enants and agreements herein reserved and contained on the po.n of \IOA to be perfo rmed. CITY does hereby sublease and demise unto MOA the space to be Ioco.ted in the Civic Center Building as shown on Amended Exhibit D attached hereto and inc o rp oro.ted herein by this reference, located at 1000 Englewood Parkway. Englewood. Colorado , which premises (hereinafter called "Demised Prem ises") are also known as "Museum Space". The Demised Premises contains approximatel y ten-thousand (10 ,0 00 ) square feet of rentable space as shown on Amended Exhibit D. ARTICLE Ill CO'JPIIIO' OF PRDHSES 3.3 Restroom Improvements . Th e restroom improvements as shown on Amended Exhibit D, as required by the CITY 'S Building Code , shall be improved by the CITY and MOA in accordance with the CITY'S plans. Englewood agrees to pursue such improvements through the CITY'S contractor. MOA shall not be responsible to expend more than one-th ird ( 1/3) of the cost of such improvements in o.n amount not to exceed Forty Thousand Dollars . ARTICLE XVIII SH:\RED USE OF CULTURAL SP:\CE 18.1 Shared use of CITY'S Cultural Space. The City agrees to allow MOA to use the CITY'S cultural space (the approximately 4000 square foot area adjacent to the MOA space on the second floor of the Civic Center). The CITY will have the exclusive right and responsibility for the scheduling of the space and will ha ve first priority for its use. The second priority for scheduling will be programs that are jointly offered by the • t t a C J-. m e r: t 1 I .. • 0 - • • • - • • - CITY and MOA The third priority for scheduling will be for MOA programs, for which MOA will be permitted a maximum of ninety separate uses at no charge to MOA MOA may schedule use of CITY'S cultural space, subject to availability, in excess of its maximum ninety uses. provided that MOA pay the CITY the standard rental rate for any such uses . A "use" being defined u a scheduled class or meeting for a specific space for a specific period of time. For example, a six week art class meeting once every week for a set number of hours will be six separate uses, while one six-hour seminar in one area will be one use. 11.l Noa-Competitive usa1e or Cl"IY'S Cultural Space. The City and MOA agree that the City's usage of the City's Cultural Space will not directly compete with cluses and programs offered by MOA lU Use orMOA Space by CITY. MOA agrees, subject to availability , to permit use of its conference room and studio space by the CITY for CITY purposes . This use shall be at no charge to the CITY. MOA further agrees to permit public access to its gallery space, as indicated on Exhibit D, during their regular hours of operation . 11.4 Cooperation ia Program Planning. The CITY and MOA agree to cooperate in planning cultural programs and events for the Civic Center building and CityCenter Englewood. IN WITNESS WHEREOF, the parties hereto have affixed their signatures to this Amendment to Governmental Agreement and Sublease the day and year first above written. Attest: By : ______ _ City Clerk -Louaishia A Ellis CITY OF ENGLEWOOD by : ___________ _ Thomas J Bums, Mayor ENGLEWOOD ENVIRONMENT AL FOUNDATION, INC . by: __________ _ Its: ... • f .. I· C, • • -. .,-. • .. • -.. STATE OF COLORADO ) ss. ) COUN1Y OF ARAPAHOE ) The foregoing Amendment to Governmental Agreement and Sublease was subscribed, acknowledged, and affirmed or sworn to before me this day of 2000, by ------u of Englewood Environmental Foundation, Inc . WITNESS my hand and official seal, (SEAL) My Commission Expires : STATE OF COLORADO ss . COUN1YOFARAPAHOE ) ) ) Notary Public Address TiiE MUSEUM OF OUTDOOR AR TS by~u~ Its : ~....l.--?-,~ The foregoing Amendment to Governmental Agreement and Sublease was subscribed, acknowledged. and affirmecl or sworn to before me this !J)t:1,,. day of l D'.]4:-1 c C>< 2000, Byl'!{}d}'U. ffiqjd..g,, lc,'he::> as 7.u..~,d.+:.-r ofTheMuseumof Outdoor Arts. · • I· 0 ------... ' . • -.. .. • - A WITNEss my hand and official seal, Nocary Public (SEAL) I c)z.. t' t m'-~ c,. My Commission Expires: IQ-fl '"OD • • I . 0 ] • • ,' • 3 I ---...J .. '*""' s 'r \- u _,.... ..... .. s ~ • • -' ' .II.MENDED EXHIBIT D • -·-·--~----··-__ ... __ _ -Shared Res trooms .. C ity Culrural Space • MOASpace . "' ' ' .. ) I . 0 2 --------------~-~~-----~--·~----------------- • • -• ORDINANCE NO . SERIES OF 2000 • • - BY AUTHORITY CO U NCIL BILL NO . 16 INTROD UCED BY COU NC IL MEMBER GARRE'IT AN ORDINANCE AUTHORIZING AN I NTERGOVERNME NTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE STATE OF COLORADO . DEPARTMENT OF PERSONNEL WHICH ALLOWS THE CITY OF E NG LEWOOD TO P URCHASE SOFTWARE FROM STATE NEGOTIATED SOFTWARE VENDORS . WHEREAS , the State has negotiated master softw a r e li ce n s ing term s a nd conditions which permit statewide orders by State agenci es. de partme nts . institutions and political subdivisions from ma s ter lice n s ing a gree ments with software manufacturers/publishers: and WHEREAS , by the passage ofthis intergove rnme ntal agreement. t he City w ill be eligible to purchase software using State negotiated so ftw are vo lum e p urchasm g agreements ; and WHEREAS, this will provide s ignificant savmgs to the City by us in g t he volum e purchasing power of the State; and WHEREAS. the Englewood City Co uncil a pprove d a n inter gove rnme n tal agree m e nt between the City and State which allowed the City to purchase softw ar e fr om Sta t e negotiated software vendors by the passage of Ordma nce :-J o. i6, Se ri es of 1998 ; a nd WHEREAS , the State requires rene wal of this intergove rnme ntal a gree m e n t every two years and the passage of this Ordinance will e n a bl e the Ci t y to contmue purchasing software us ing State negotiated softw ar e volum e purcha sing a gree men ts while providing significant s avings to the City ; NOW , THEREFORE, BE IT ORDAI NED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD . COLORADO , AS FOLLOWS : Sectjon I . The inter go ve rnme nta l a greement betwee n State of Co lor a do. Department of Per sonnel and the City of Englewood , Col orado pe r taining to t h e purchase of software from State negotiated, software volum e purchas ing agreeme n ts, attached a s "Exhibit A", is hereby acce pted a nd approved by the Englewood City Co uncil . Sectjon 2. The Mayor is authorized to execute a nd the City Clerk to attest and seal the Agreement for and on behalf of the City of Engle wood . Co lorado. Introduced, r ead in full , a nd passed on fir s t r eadmg on the 20th day of Ma rch, 2000. -I - • 0 10 b iv "'· I • () - • • • ~ -• ·a .. • -' Published as a Bill for an Ordinance on the 24th day of March, 2000. Read by title and passed on final reading on the 3rd day of April, 2000 . Published by title as Ordinance No . ~ Series of 2000, on the 7th day of April , 2000. Thomas J. Burns. Mayor ATTEST: Loucrishia A . Ellis, City Cle.rk 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 the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2000. Loucrishia A. Ellis -2- , ' ~ .. I • 0 • • ~ ---. • ... • - INTERGOVER.""iMEYfAL l'\oL\STER SOFTWARE LICENSING PROGRAM ENROLD'lEXT AGREE:\'IE:'IIT THIS agreement, made this __ day of__ 200c, , by and betwe:n hereinafter referred to as "enrolling entity," and the State of Colorado , acting through the Department of Personnel hereinafter referred to as The Sute, WHEREAS , pursuant to section 24-1 10-201, C.R.S. (199 7), any public procurement uni t may either participate in. sponsor, conduc:, or administer a cooperative purchasing agree:nent for the procurement of any supplies or services "'ith one or more pub lic procurement units ; and \\o1iEREAS . the State has negotiated master software licensing terms and concitions to pe!1lli t statewi de orde:s by S tate age:,c :es. dt:?artme!'!ts. institutions and polinc:i.l subdivi si ons from m:iste r lice:,sing agree:ne:115 ,,vith soit.v:ire m:mu .. ac:ure:s, ;,ublishe:s : and W1i::RE .-\S. the State is agree :ng to aci."Tliniste:-such m:i.ste:-lice:ising progr:i.rr.s i:: ac cord.inc: with the terms of such programs ; and \\.1·::EREAS , the e:u-olling emiry is :in e!igiole age:icy, de;,amnent. in stitution or po liuc:i.l subdivi sion under such m:1Ste:-sofrwar: lic :nsing 1gr::me:1ts: NOW THEREFOR£, it is hereb y agred that : 1. Tne enro lling entity acknowledges th at it has rec:ived a ccpy of the progr:i.m an d Iic:!'ls ing temis under: a. M ic:-osoft Gove:nment Select Master Agreement. dated ( 11 I~ l"r 7 ); the Mic:-osoft Education Selec t Master Agreement, dated ( 11 I z., / c, 7 ); Product L"se Rig.l-its (Addendum A) dated June 1, 1999; all as ame:i.ded by the Stare of Colorado Ame:,dment, dated ( I ' / 1-5' I c, , ); b . Novell ~fasrer License Agre::nent, dated ( I of, / 9 7 ), as amended by the State of Co Iorado Amendment, dated ( 11 / 1 / C., '1 ); c . Core! CLP l"niversal Agre::nent, dated ( II /v-1 /c, 1 ), as amended by the CLP universal Agrc::nent Amendment, dated ( ,fz; I '1,: ); d . Lorus Pas~ort Program , Government Contract Option and Enterprise Option Tenns, dated ( -, I' f 'I :i ), as ame:i.ded by the Amendment to Lorus Passport Progr:un Government Contraet Option and Enterprise Terms, dated ( 1 i/J /•=,7 ); and the Lotus Software Agreement, dated ( '' /, lei, ). • . A I . 0 - • • • • ... , . • - 2. Tne enrolling entity acknowledges that these agreements contain confidentiality provisions and use resnictions on software ordered under such agreements, and the enrolling entity will disseminate such limits and resnictions on use to its employees. The agreements require that enrolling entities take reasonable steps to protect software and documentation from unauthorized cop~ing or use. Enrolling entities may not disassemble or decompile the software. The agreements also contain specific use audit, self-audit. and reporting/certification provisions to validate compliance with license restrictions. The parties agree that the Deparnnem of P~nnel shall not be responsible for any liability arising out of orders placed by the ~oiling entity or any costs associated with audits or purchases of additional license rig.:ts afte~ audits und~ these agre:me:its. Collection of and/or disagreements over payment are the sole responsibility of the reseller and the individual enrolling entity. In the event an enrolling entity is determined to be liable for the costs of an audit, the enrolling enriry is responsib le for an y such costs under these agreements. Enrolling entities shJ.1 1. a! their own expense. satisfy re;,orring obliptio ns under these agreements with respe::: to :he:r own use of software ordered from these agreements. 3 . Tne enrolling entity will comp ly w1:.': ti':e :e~s in the the:1 -c:ir.e::11 State ,\ware in placing orders under this progrlm .. hr ou=-1 :he ~ese:le: aci.minis~e:ing the progrlf:1 . Tne e:iro lli ng ent ity will furnish upd:ne::: m:c r.::an on conce:-ning the id emiry of its progrJ.In point of cont.let to the rese ll er. The enrolling lge::ic/s point of contact for purpo ses of these program is : Name T itle or Position Address Te leph one .l The enrollin g entity shall nor disrr:bure or redistri bute or permit any of its emp lo yees to distribute or redistribute files . code or sofrw·are (as those terms ar: used in the Mic:-osoft Product l"se Rights. dared June 1, 1999, and as later revised). This prohibition shall app ly to any use , distribution, or redistribution of files , code or software that is subj ect to an express duty of indemnific:ition by the State in the Microsoft Product l"se Righrs , as it may be amended from time 10 time . 5. No software product or licenses may be sub licensed, transferred, or assigned (such as to an "Affiliate" entity as that term may be used in the Microsoft Select Agreements) to another entity except to the ex:ent that such sublicense, tr:msfer, or assignme:it is permitted under the te:ms of the applic:ible progr.im, and then only if such entity has executed an Intergovernmental Master Software Licensing Program Enrollment Agreement The enrolling entity shall remain responsible for all acts and omissions of such entities to which it sublicenses. transfers or assigns such software products or licenses . Written notice of the te:-ms of such sublicense, transfer or assignment shall be provided to the reseller in a form accept.lble to the Division of Purchasing . • I • 0 • • • • t·~ •• .. .. • - 6. TO THE EXTENT AlITHORlZED BY LAW, 'IBE ENROUING EN1TIY SHALL INDEMNIFY, SA VE, k'ID HOLD HARMLESS THE DEPARTMENT OF PERSONNEL, STATE OF COLORADO AGAINST ANY AND ALL CLAIMS, DAi\fAGES, LIABILITY k'ID COURT AW ARDS, INCLUDING COSTS, EXPENSES, AND ATIORNEY FEES, INCURRED AS A RESULT OF BREACH OF OBLIGATIONS UNDER TIUS AGREEMENT OR 11iE PROGRA."1 k'ID/OR UCENSING AGREEMENTS REFERRED TO HEREIN BY THE ENROLLING ENTITY, OR ITS EMPLOYEES, AGENTS, OR ASSIGNEES. Cl'IY OF ENiID«XD 'lbclllas J. Burr.s, Mayor ATI'ESr: (Se2.I) I.oucnshi.a A. Ellis, City Clerk Department of Personnel State Purchasing Director ' .. .. I· 0 32X • • • ORDINANCE NO. SERIES OF 2000 ,. • • • BY AUTHORITY CO 'NCIL BILL NO . 1i I NT ROD UC ED BY COUNCIL '.\1EMBER NABHOLZ AN ORDINANCE AMENDING TITLE 8 , CHAPTER 2B . OF THE ENGLEWOOD MUNICIPAL CODE 1985 . PERTAINING TO THE MECHAi'HCAL CO DE OF THE CITY OF ENGLEWOOD , CO LORADO . WHEREAS . the City of Englewood has used the Uniform Mechanical Co de as a model construction code srn ce 19i0; a nd WHEREAS , this Code 1s updated penodically to keep pace with chan gm g construction technology : and WHEREAS , the Ci t y of Englewood D1vis10n of Building a nd Safe t y taff ha s thoroughly reviewed the I 99i Edmon of the Uniform Mecharuca l Code a nd recommends adoption the r eofsubiect to ce rtain exce ptions, modtf.icauo n a nd amendment: NOW, THEREFORE , BE IT ORDAINED BY THE CITY CO NCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section I. The City Co uncil of t he City of Englewood . Co lorado he r eby a me nds Title 8 , Chapter 28, of the Engle wood Munmpal Code 1985 , to read as follows : CHAPTER 2 CONSTR CCTIO N A .. '\JD SAFETY CO DES ARTI CLE B MECHA .. 1\1 CAL CO DE 8·2B· l: CODE ADOPTED : The r e is hereby adopted . by reference thereto, the Uniform Mechanical Co de.--1-994 199 7 Edition, including Appendices A a nd B, efta!ltere HJ . 12 !!RPt I 888 II . 13 , 14 ~. published by the Internation a l Co nference of Building Official s . 5360 South Workman Mill Road . Whittier, California 90601 , and subject to eet'tMlt w exceptions, modifications and amendments se t forth in Section 8·2B-2 of this Article. The Clerk s hall maintain a CQPY of the Code which will be available fo r inspection during regular business hour s. -I - • 0 10 b I • 0 ] • • • • • - 8-2B-2: SPECIFIC MODIFICATIONS TO ADOPTED CO DE : The following specifi c changes. modifi cations a nd amendments a re hereby made in the provisions of the Uniform Mechanical Co de . +994 1997 Edition. hereinabove adopted: A. Belete ~ctlon 110.l shall be replaced with t he follo wing: Board of Appeals. Appeals shall be in accordance with E .M.C. 8 -1-7. B . Section 115 .2 s hall be re placed with the following : 11 5 .2 Pe rmit Fees. The fee for each permit sh a ll be as set forth in Table No . 1-A of the-i994 1997 Uniform Building Cod e . C . Section 11 5 .3 s hall be replaced with the follow i ng : D . 115 .3 Plan Review Fees . When s ubmitta l d oc ume nts are required by section 11 3.2, a plan review fee shall be p aid . The pl a n revi ew fee for mechanica l work shall be equal to 65 per ce nt of the total mechanica l permit fee as set forth in Table No . 1-A of t he -i994 1997 Uruform Building Code. Section 115 .3.2 Shall be replaced with the following : 115 .3.2 Incomplete or Changed Plans. When pl a n s a r e inco mplete or changed so as to require additional plan review, an additional pla n review fee shall be charged at the rate s hown in T a ble :,.lo . 1-A of the W9+ 1997 Uniform Building Code . E. Section 116 .6.3 The first paragraph s hall be r ep laced with t h e follo wing : 116 .6 .3 How Obtained . To obtain reinspection. t he applica nt s h all file an application therefor in writing upon a form furnishe d fo r that purpose and pay the reins pect io n fee in accordance with Table No . 1-A of t h e -i994 1997 Uniform Bwlding Cod e . F . De lete Ta ble No . 1-A (+994 1997 Uniform Mechanical Code) . G. H . Seetiel'I <li!i! Seepe . Delete the pm11ee "9eer ftwneee ". Section 303.1 .2 shall be replaced with the following: 303 .1.2 Floor Furnaces -Floor furn aces s hall be prohibited. Seetiel'I aaa General. Delete the ph1'8eee "9eer fttrneee" ena "!leer flit'neees" .. here. er the, appear il'I the eeetiel'I . Seetiel'I <lli! t Fleer fliPl'l&eee . Delete the entire eeetien &l'la repl11ee .. it:h the fell.e .. ing. -2- • ) I • 0 • • • .. -.,-. • •• .. • -' Fleer 11ntl Dttel Fleer Ftt!'neees . The mst11H11tien ef £leer anti tlttel £leer fttPr111ees is preftilntetl. (M11inten11nee ef e.listing £leer !H'ltl elttel £leer fttt n11ees is permitted.) J-H. Section 902 .1, add a second paragraph as follows : Applications for permits to construct commercial incinerators must be approved by the State of Colorado, the Tri-County Health Departme nt a nd the City of Englewood prior to construction. L Delete Section 1026. ~ Delete Section 1027 . K Delete Section 1028 . k Delete Section 1029. K-. Delete aeetten 19iH ef.\ppentl~ B. M. Delete 11eet1en 19l!6 ef Appentli:!1 B. (Orel . 63 Series 1991) Sectjon 2 Safety Clauses The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood . that it is promulgated for the health. safety. and welfare of the public. and that this Ordinance is necessary fo r 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 legi s lative object sought to be obtained. Sectjon 3 Seyerabj)jty If any clause, se ntence , paragraph. or part of this Ordinance or the application thereof to any person or circumstances s hall for any reason be adj udged by a court of competent jurisdiction invalid, s uch Judgme nt s hall not affect, impair or invalidate the remainder of this Ordinance or 1t application to other pers ons or circumstances. Sectjon 4 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Sectjon 5 Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance s hall not relea se , extinguish. alter, modify , or change in whole or in part any penalty, forfeiture , or liability , either civil or criminal, which shall have been incurred under s uch provision . and each provision shall be treated and h eld as s till remaining in force for the purposes of sustaining any and all proper actions, s wts . 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 s uch actions . suits, proceedings. or prosecutions . -3- • ., I • 0 - • • • • - Section 6. Choice of Code . Any party who has a pending application. where the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Sectjon 7 fenAltL The Penalty Provision of E .M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and passed on first reading on the 20th day of March, 2000. Published as a Bill for an Ordinance on the 24th day of March, 2000. Read by title and passed on final reading on the 3rd day of April , 2000. Published by title as Ordinance No .~ Series of 2000, on the 7th day of April, 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado. hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000. Loucrishia A. Ellis -4- • .. ... I • 0 I - • ORDINANCE NO ._ SERIES OF 2000 ,. • • - BY AUTHORITY COUNCIL BILL NO . 18 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE AMENDING TITLE 8 , CHAPTER 2A , OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO THE BUILDING CODE OF THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, the City of Englewood has used the Uniform Building Code as a model construction code since 1970 ; and WHEREAS, this Code is updated periodically to keep pace with changing construction technology; and WHEREAS, the City of Englewood Division of Building and Safety staff has thoroughly reviewed the 1997 Edition of the Uniform Building Cod e and recommends adoption thereof subject to certain exceptions. modifications and amendment: and WHEREAS, the Englewood City Council has expressed the need for revitalization of existing single family, owner occupied , dwellings w1tlun the City of Englewood ; and WHEREAS , Plan Review fees will be waived to encourage the application of savings toward the homeowners' remodeling efforts ; 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 amends Title 8, Chapter 2A, of the Englewood Municipal Code 1985 . to read as follows: CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLE A BUILDING CODE 8-2A-l: CODE ADOPTED: There is hereby adopted, by reference thereto , the Uniform Building Code, Volumes 1, II and III, 4,994, 1997 Edition, including appendi~. ~hapters 3 -division IV, 15 , 19, 29, 30, 31 -division III, 33, and 34-division II, published by the International Conference of Building Officials, 5360 South Workman Mill Road , Whittier, California 90601 , subject to the exceptions . modifications and amendments set forth in Section 8-2A-2 of this Article . The Clerk shall maintain a copy of the Code Which will be available for inspection during regular business hours. -I - • 10 b vi I • 0 J -- • • • ,_ .. • l• -.. • -.. 8-2A-2: SPECIFIC MODIFICATIONS TO ADOPTED CO DE : The following specific changes. modifications and amendments a re hereby made in the provisions of the Uniform Building Code ,~ 1997 Edition . hereinabove adopted: A. Belete-§ection 105. l shall be replaced with the following : Appeals s hall be in accordance with E .M.C. 8-1-7. B . Delete items 2 and 5 from section 106 .2 . C . Section 107.2 Permits Fees. The following shall be added to the second paragraph: D . Valuat10n for miscellaneous projects shall be determined by applyrng the following schedule: Asphalt roofing Fence $~ $75.00 pe r square 8-,00 $10.00 per linear foot Section 107.3 Add the following exception after the end of the first paragraph . Exception: The 65% plan review fee shall he waived for single family owner occupied dwellings. 9-J;;. Section 904 .2 .2 paragraph 5 , s hall be replaced with the following : E . 5 . Throughout all buildings which are 50 or more feet in height (as defined in Chapter 2 of the~ 1997 Uniform Building Code), or which comprise more than four stories irrespective of height. Except: Group S Division 4 Occupancies classified e xclusive ly as open parking garages in accordance with section 311.9 of the Uniform Building Code. Seetisn i!ell7 .li! In the first sentenee delete the osrds "in gesgr11pme11I 11re11s .. here e.1perienee h11.s demsnstrated II speeitie need ,". In the 111st sentenee delete the srds "depending 6n l6e11I e.1per1enee ," 11nd s1tbstit1tte the "6Pd sh11H fer the "6rd m11). f;. Add the following exception at the end of the first paragraph of Appendix Section 1515 .2.1-Pre-Rooflnspection. Exception : One and two family dwellings s hall be exempt from the requirement for pre-roof inspections. -2- • '· I • 0 • • • • t ... -,. • - ¥ g . Appendix section 3011.5 shall be replaced with the following : 3011.5 Fee . A fee for each permit or ce rtificate of inspection shall be paid to the C ity of Engle wood as follows : New installations: Fees fo r new installations shall be as set forth m Table No . 1-A . Fees for major a lterations shall be as set forth in Table No. 1-A . Installation fees include charges for the first yea r 's annual inspection fee and charges for the electrical equipment on the co nveyance side of the disconnect switch . Annual certificates of inspection For each elevator For each escalator or moving walk For each commercial dumbwaiter (Each escalator or moving walk unit powered by one motor shall be co nsi dered as a separate escalator or moving walk .) $150 .00 150.00 150.00 G !;!. Appendix section 3012 shall be replaced with the following: Section 3012 · A.i"JSI Code adopted All new elevators, dumbwaiters , escalators and moving walks and major alterations to such conveyances and the installation thereof shall conform to the requirements of the American National Standard Institute ANSI/ASME A Ii .1 -1-993 ~Safety Code for Elevators and Escalators, published by the American SOCJety of Mechanical Engineers. H l. AppendlX chapter 34 , division II · Life-safety requirements for existing h.igh - rise bwldmgs s hall be replaced with the following: S ection 34 17 · Appeals board. Appeals s hall be in accordance with Title 8 , Chapter 1, Section 7, of the Englewood Murucipal Code . Sectjon 2 Safety Clauses The City Council hereby finds , determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health . safety , and welfare of the public, and that th.is Ordinance is necessary for the preservation of health and s afety 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 legi slative object sought to be obtained . -3- • ) I • 0 -. • • • • _.. • l • ,.,1 ... .. • -' Sectjon 3 Seyerabjlity If any clause . sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid. such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Sectjon 4 lnconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict . Sectjon 5 Effect of repeal or modjfa;ation The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish. alter, modify . or change in whole or in part any penalty , forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision , and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings . and prosecutions for the enforcement of the penalty, forfeiture , or liability , as well as for the purpose of sustaining any judgment. decree, or order which can or may be rendered , entered, or made in such actions, suits. proceedings, or prosecutions . Sectjon 6. Chojce of Code . Any party who has a pending application. where the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Section 7 &.wi.lu. The Penalty Provision of E.M.C. Section 1-4-1 s hall apply to each and every violation of this Ordinance. Introduced, read in full , and passed on first reading on the 20th day of March . 2000 . Published as a Bill for an Ordinance on the 24th day of March. 2000 . Read by title and passed on final reading on the 3rd day of April, 2000 . Published by title as Ordinance No . _, Series of 2000 , on the 7th day of April, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis. City Clerk -4- • .. I • 0 3 - • • • • • • ' I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 2000. Loucrishia A. Ellis -5- ' . .. . ,. . I ) I • 0 • • • ORDINANCE NO ._ SERIES OF 2000 ,, • • - BY AUTHORITY COU NCIL BILL NO . 19 I NTROD UC ED BY COUN CIL i'vlEMBER NABHOLZ AN ORDINANCE AME NDING TITLE 8 , CHAPTER 2C. OF THE ENGLEWOOD MU NICIPAL CODE 1985 , PERTAINING TO THE PLUMBING CODE OF THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the City of Englewood has used the Uniform Plumbing Code as a mod e l construction cod e since 19 70 ; a nd WHEREAS, this Code is updated pe riodically to ke e p pa ce with cha ngmg construction technology ; and WHEREAS. the City of Englewood Division of Building a nd Sa fe ty s taff has thoroughly reviewed the 1997 Edition of the Uniform Plumbing Co de a nd reco mmends adoption thereof subject to certain exceptions . modificati on s a nd amendment; NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO UNC IL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjpn J. The City Council of the City of Englewood . Co lorado here by a mends Title 8 , Chapter 2C , of the Englewood Murucip a l Cod e 1985 . to read as follow s: CHAPTER2 CONSTR UCTION AND SAFETY CODE S ARTICLE C PLUMBI NG CODE 8-2C-l : CODE ADOPTED : There is hereby adopted, by reference thereto, the Uniform Plumbing Code ,~ 1997 Edition, tnelttMftg Appenlfflt Ckapt.er F anel lAMPO tnstallatien s tanelarel s . published by the International Association of Plumbing and Me ch aru cal Officia ls, 20001 Walnut Drive South, Walnut, California 91789-2825 , s ubject to the exceptions. modifications and amendments set forth in Section 8-2 C-2 of t his article . The Clerk shall maintain a copy of the Cod e which will be a va ilable for inspection during regular business hours . -I - • ., 0 10 b vi i I • 0 • • -• ,,.... • ..... • - 8-2C-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE : The following specific changes, modifications and amendments are hereby made in the provisions of the Uniform Plumbing Code , 4994, 1997 Edition, hereinabove adopted: A. Section 103.4.1 Shall be replaced with the following : 103.4.1 Permit Fees. The fee for each permit shall be as set forth in Table No . l·A of the~ 1997 Uniform Building Code . B. Section 103.-1.2 shall be replaced with the following: 103..1.2 Plan Review Fees. When submittal documents are required by section 103.2.2, a plan review fee shall be paid. The plan review fee for plumbing work shall be equal to 65 percent of the total plumbing permit fee as set forth in Table No. 1-A of the499+ 1997 Uniform Building Code . When plans are incomplete or changed so as to require additional plan review . an additional plan review fee s hall be charged at the rate shown on Table No. I-A of the 1997 Uniform Building Code . C. Section 103 .5 .6 . The fourth paragraph shall be replaced with the following: 116 .6 .3 How Obtained . To obtain reins pection, the applicant s hall file an applicat10n therefor in writing upon a form furnished for that purpose and pay the remspection fee in accordance with Table No. 1-A of the +99+ 1997 Uniform Building Code. D. Delete Table No. l·l. E. Section 1301 .l a dd second paragraph. ¥. See also NFPA 99 -Health Care Facilities for requirements governmg Medical Gas Sy st e ms. Seetien 61H .l MatePiale. In tke tftirli sentenee lielete tke pkrase "'a l,11illiiftg " at tke enli ef the sentenee anli replaee "itft tfte feHe .. ing .. erliing . ... theee strttetmee .. !!ere eeml,ttstil,le eenstrttetien is permitteli. CPVC ma, net l,e ir111taHeli in an, "aH .. here preteetien ef epemngs is retittitreli ttttiese stteh pipiflg, er 81'1' attaehment te stteh pipiftg, liees net penetrate an, pertien ef saili .. 11H . Seetien i91.l.l! shall 1,e replaeeli .. ith tke falle .. ing . ABS anli PVC EWJ\' piping inetaHatiens shall l,e limiteli te these strttetttres ;;here eemettstil,le eenstrttetien ie aHe .. eli .. \:BS anli PVC EHVV piping ma, net l,e inetaHeli in an, .. all .. het e pretedien ef epenings ie re11ttireli 11meas stteh piping, er an, attaehment te 8tteh piping, liees net penetrate an, pertien ef saili .. 11H. -2 - • •· . I • 0 • • .. • - G, Seet,el'I 903.1.2 eb!tll be repl11eea .. ith the feHe .. il'lr; . .\:88 111'18 PVC DWV p1p1l'lp; 11'18f:tlH1uiel'l8 sh11ll be limitea te these st, 11etttre11 .. here eeml,1111t1l,le een11tr11et1el'I is 11He .. ea .• \BS 81'18 PVC D'»v p1pmr; m11, 1'16t l,e i-nst11Hea i-n 111'1) .. 1111 .. here preteettel'I ef epel'lil'lgs j9 , e(!tt1¥eli 1tl'lle88 1111eh pipil'lr;, er 81'1) 11U11ehmel'lt te s11eh pipmr;, aeee l'let pel'letr11te 81'1) per1:1el'I ef s11ia .. 1111. (0,a. 63 Series 1994 ) Sectjon 2 Safety Clauses The City Council hereby finds . determines. and declares that this Ordinance is promulgated under th~ genera l police power of the City of Englewood . that it is promulgated for the health . safe ty, a nd welfare of t he public, and that this Ordinance is necessary for the preserv a t ion of hea lth and safe t y and for the protection of public convenience and welfare. The C1 y Co uncil furthe r determines that the Ordinance bears a rational relation to the prop e r le g1 sla tive object sought to be obtained. Sectjon 3 Severabjljty lf any clause, sentence , para graph . 'l r part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent juris diction invalid , s uch judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Sectjon 4 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. Section 5 Effect of repeal or modjficatjon The repeal or modification of a ny 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 prov1 s10 n , and each provision shall be treated and held as s till remaining in forc e for the purposes of s ustaining any and all proper actions . uits . proceedings , a nd prosecutions for the enforcement of the penalty, for fe iture, or liability. as well as for the purpose of sustaining any judgment, de cree. or o rder which can o r may be rendered , entered, or made in such a ction s , s wts. proceedings . or prosec utions . Sectjon 6. Chojce of Code . Any party who has a pe nd ing a ppli cat 10 n . wh e r e the permit application and final s ite plan have been s ubmitted to the City before the date of final adoption of this Ordinance, shall make an e lection to proceed under either the current Code or the 1997 Code but not a co mbination thereof. Sectjon 7 ~ The Penalty Provi s ion of E .M.C. Section 1-4 -1 shall apply t o each and every violation of this Ordinance . Introduced , read in full , and passed on fir s t reading on the 20th day of March , 2000 . -3- • .. ) I • 0 - • • • • l· • -.. Published as a Bill for an Ordinance on the 24th day of March. 2000. Read by title and passed on final reading on the 3rd day of April , 2000 . Published by title as Ordinance No. ~ Series of 2000, on the ith day of April , 2000 . Thomas J . Burns, Mayo r ATTEST: Loucrishia A. Ellis, 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 the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000. Loucrishia A. Ellis -4- ., - > I • • - • ,. • I , •' ORDINANCE NO ._ SERIES OF 2000 /' . • • - BY AUTHORITY COUNC IL BILL NO . 20 INTROD ·cED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE AMENDING TITLE 8, CHAPTER 2D . OF THE ENGLEWOOD MUNICIPAL CODE 1985. PERTAINING TO THE ELECTRICAL CODE OF THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the City of Englewood has u ed the ru fo rm Electrical Co de as a mod e l construction code s ince 1970 ; a nd WHEREAS , this Code 1s updated periodically to kee p pace with changing construction technology ; and WHEREAS, the City of Englewood DIVlsion of Bwldmg a nd Safety staff has thoroughly reviewed the 1999 Edition of t he l! rufo rm El ec tnca l Co de a nd reco mm e nd s adoption thereof subject to certain e xce pti on s , modificatio ns and a mendment: NOW , THEREFORE , BE IT ORDAINED BY THE CITY CO NCIL OF THE C ITY OF ENGLEWOOD, COLORADO , AS FOLLOW S : Section 1. _ The City Council of the City of Englewood. Co lorado hereby amends Title 8 , Chapter 2D , of the Englewood Muruc1pal Code 19 5. to read as fo ll ows : C HAPTER 2 CONSTRt.:CTIO N ,U.JD AFEn· CODES ARTICLE D ELE CTRI CAL CODE 8-2D-l : CODE ADOPTED : There is hereby adopted by reference thereto, the Natio n a l Electrical Code .~ 1999 Edition, together wtth appendices co ntained t herein . a nd the Uruform Administrative Code provisions for the National Electrica l Code , 199 3 Edition , published by the National Fire Protection Association , ~Batterymarch Pa rk . Quincy , Massachusetts. 02269 , with the same force and effect as if t h e s ame were fully set forth herein, subject to the exceptions , modifications a nd am endme nts set forth in Section 8-2D-2 of this Article . The Clerk shall maintam a co p,· of the Code which will be available for inspection during regular business hours . -I - • ,. 10 b vi ii I • 0 - • • -• ,, • • - 8-2D-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE : The following modifications are hereby made in the provis ions of the National Electrical Code (NEC).~ 1999 Edition, and The Uniform Administrative Co de provisions for the National Electrical Code (UACP -N E C), 1993 Edition . hereinabove adopted: A. Delete UACP-NEC, section 105 of chapter 1. B . Delete UACP-NEC. sections 20l(a ), 20l(b), 20l(c) and 20l(h) of chapter 2. C . Delete UACP-NEC, section 20I (i) of chapter 2. D . Delete UACP-NEC, section 203 of chapter 2 . E. Delete UACP-NEC, section 204 of chapter 2. F. UACP-NEC , section 304(a) of chapter 3 PERMIT FEES. Dele te the first sentence and replace with the following wording: The fee for each permit s hall be based 011. the ua luatio ri of co11.structio 11. an.d determined as set forth in Table No-:--a-A 1:.1 of t h e ~ 199 7 Un.iform Buildin.g Code. G . UACP-NEC, section 304(b) of chapter 3, PLAN REVIEW FEES. De lete the second , and third sentences and replace with the wording: The plan. reuiew fees for re uiew of electrical plan.s shall be equal to 65 percen.t of the total permi t fee . \.l'he11 plans are in.complete or changed so as to require addition.al plan. reu iew , an additional plan. reuiew fee shall be charged at the rate shown. i 11 Table No . -a-.41;.:1 of the ~ 1997 Un.iform Buildi,ig Code . H . UACP-NEC , section 305(e) of chapter 3, REINSPECTIONS . In the fourth paragraph add the following wording at the end of the paragraph: I. of the~ 1997 Un.iform Buildi11g Code. UACP-NEC . Delete Table No . 3-A of chapter 3. ELECTRICAL PERMIT FEES. J., NEC M+.iele 119 r;, add the f-eHening sentenee e:t the end ef the J1aragre:J1h . K. 'Fite irteettlklll«m 11f1ii1uti111t11t 11, e1tfl1'e. ekta al1t11tin:1t11t e11,Mi1tel11,s a.1tal.le, i,1 siet! f,'ttt11,rn~ 111t.1tbe, et6/tf (-8} Ml p,i,/tibileti. fOrd . 92 8eriee ~ ~1EC artiele 333 19. add the felle .. ing eentenee at the end ef the laet eentenee . -2- • 0 I • 0 ] • • • L. M . • ,. • - ?JEC 11:riiele 336 3. in tl,e !wet se ntenee insert the .. 6rti "1ma" bet .. een tl,e n6rtie "dttJelli11t9 " !Inti ".1t1tlti{ltmil," !ll'lti tielete the l'M!l8e "6rtd: ether stf"!te!1tres". l'tEC 11rt1ele 336 1(11). II'! item ( I) tielet:e the l'M!l:Se "e.<eel't 11~ l'P61'!tieti it. 11rttele !H8, l'i11eee ef 11ssemelJ ". il'l item {8) tielete the .. erti "e r ". in item (9) 1"l11ee 11: eemieelen "." after tl,e rn1meer "&8 I 28" t111ti 11titi the .. erti "6 r " 11fter the semie6l6n. 1111ti 11titi a "e" ttem (18) t6 1e11ti . bt ttrt) eer1tmerei6l , irtattstrial , , et6il er p1tblie b1,ilai11g. ~ Article 336 non-metalic-sheathed cable. ~-336-4 (2) Uses Permitted . • Delete t he phrase .. and other structures". ~ 336-5 Uses Not Permited (a). • In item (4) delete the phrase "e xc e pt as provided • in Article 518 Places of Assemblv". ¥· 336-5 (9) del ete " except as permitted bv Sections 501--! {b), Exception 502-4{B) exception and 504-20. R, 336-10 In any commercial, industrial retail or public building . ~-~ NEC article 518·4 , K1eel'tien ?Je . 1 Wirjng Methods -{b) Nonrated Construct10n, Delete the phrase "non-metallic s heathed cable". Sect19n 2 Safety Clauses The City Council hereby find s , determines, a nd declares that this Ordinance 1s promulgated unde r the general police power of the City of Englewood , that it is promulgated for the health . safety , a nd we lfare of the public, and that this Ordinance is nece ssary 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 legi s lative obiect so ught to be obtained. Sectjon 3 Severabjlity If any clause, sentence. paragraph, or part of t hi s Ordinance or the application thereof to any person or ci r cumstanc es s hall for any reason be adjudged by a court of co mpetent jurisdiction invalid , such judgment shall not affect, impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Sectjon 4 I nconsjstent 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. -3- • • . . ) I • 0 • • -• .. ... • • • - .. Section 5 Effect ofrepea) or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance s hall not release , extinguish, alter, modify , or change in whole or in part a ny penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such proVJsion . and each provision shall be treated and held as still remaining in forc e 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 a s for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions. suits, proceedings. or prosecutions . Sectjon 6. Chojce of Code . Any party who has a pending application . where t he permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance. shall make an election to proceed under either the current Code or the 1999 Code but not a combination thereof. Sectjon 7 fena.iu. The Penalty Provision of E .M.C . Sect1on 1-4 -1 s hall a pply to each and every violation of this Ordinance . Introduced, read in full , and passed on first reading on the 20th day of March, 2000 . Published as a Bill for an Ordinance on the 24th day of March. 2000 . Read by title and passed on final reading on the 3rd day of April , 2000. Published by title as Ordinance No. ~ Series of 2000, on the ith day of April . 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A . Ellis. City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado , hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. _, Series of 2000. Loucrishia A . Ellis -4- • ., ) I • 0 ]- • • .. ,. ,,,-. • ... • -' BY AUTHORITY ORDINANCE NO._ SERIES OF 2000 COUNCIL BILL NO. 21 INTRODUCED BY COUNCIL ME:\1BER NABHOLZ AN ORDINANCE AlvlENDING TITLE 8 , CHAPTER 2E. OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO THE FIRE CODE OF THE CITY OF ENGLEWOOD, COLORADO . WHEREAS , the City of Englewood has used the Uniform Fire Co de as a mod el construction code since 1970 ; and WHEREAS , this Code is updated periodically to keep pace with changing construction technology ; and WHEREAS , the City of Englewood Division of Building and Safety s taff has thoroughly reviewed the 1997 Edition of the Uniform Fire Code and recommends adoption thereof subject to certain exceptions, modifications and amendment: NOW. THEREFORE , BE IT ORDAINED BY THE CITY COl:NCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 8 , Chapter 2E , of the Englewood Municipal Code 1985 , to read as follows: CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLE E FIRE CODE 8-2E-l: CODE ADOPTED : There is hereby adopted, by reference thereto, the Uniform Fire Code. Volumes I and II,~ 1997 Edition, including Appendix chapters I-B , I-C , II-8 , II-D , II-E , II-F , III-A , III-8. III-C , IV-A. IV-B , V-A , VI -A , VI-8, VI-C , lA-B, VI-E , VI-F and VI-G published by the International Fire Code Institute, 9300 Jollyville Road , Suite 105 , Austin, Texas 78759-7455 , subject to exceptions, modifications and amendments as set forth in Section 8-2E-2 of this Article. The Clerk shall maintain a copy of the Code which will be available for inspection during regular business hours. 8-2E-2 : SPECIFIC MODIFICATIONS TO ADOPTED CODE: The followmg specific changes. modifications and amendments are hereby made in the provisions of the Uniform Fire Code ,--199+ 1997 Edition, herein above adopted : A. Belete Section 103 .l.4 shall be replaced by the following : Appeals shall be in accordance with E .M.C. 8-1-7. -I - • ' 10 b ix ) I • 0 • • • .... ,,,-. • • - Delete S ection 10-t .3.2 Re co rd Ret e ntio n. B ~-Section 105.8 . Permit required. Delete a ll ite ms except the fo ll owin g: b.l. Bowling Pin or Alle y re firu shing c.6 . Combustible materia l s tora ge e. l. Explosive or bla s ting a ge nts f. 2. Fireworks h .2. Hazardous production ma terials m.2. Mall, covered o.l. Open burning p . l. Parade floats p.3 . Pyrotechnical speci al effects ma t eri al t .1. Tents canopies a nd te mp or ary membra n e s tructures GR · Section 100 3.2 .2 pa ragra ph 5. s ha ll be r e pl a ced with t h e fo ll owin g: 5 . Througho ut a ll buildings whi ch a r e 50 or mor e fee t in he ight (as d efin ed m chapte r 2 of t he ~ 1997 Uniform Buildin g Co de) or which co mpri se mor e t h a n four stories irres pecti ve of heigh t. Except: Group S Di vis ion -t Occupa ncies class ified exclu s ively as open parking garages m acco rdance with section 3 11.9 of t he +994 1997 Uniform Building Code . Section 2 Safety Clauses The City Co uncil here by find s , determines, a nd declares that this Ordinance is promulgated under the genera l police power of the City of Englewood. that it is promulgated for the health . safety. and welfare of the public, and that this Ordinance 1s necessary for the preservation of health a nd safe t y and for the protection of public co n verue nce a nd welfare. The City Co uncil further determine s that the Ordina nce bear s a rational r ela tion to the proper le gi s la t ive o bj ect sought to be obtamed . Section 3 Severabglity If an y cl ause, entence. para graph, or pa rt of tlu s Ordinance or the a pplicat10n th e reof to a ny per son or circum stances s ha ll for a n y r eason be a djudged by a co urt of co mpete nt juris d ic tion invalid , s uch judgment sha ll not a ffect , impair or inva lidate the remainder of this O rd inance or it a ppli cation to other per sons or c1rcum s tances. Se ction i. lnconsl§tenr Ordinance s All other Ordinances or portions t he reof m co ns istent or co nflictmg with this Ordinance or any p ort10n he r eof a r e he re by r e pealed to t he exte nt of s uch inconsi st e ncy or conflict . Section 5 Effect of repeal or modificatjon The r epeal or modification of a ny provision of the Code of the City of Englewood by this Ordinance s hall not r e lease. extinguish, alter, modify , or change in whole or in part any penalty , forfeiture. or liability, either civil or criminal, which shall have been incurred under s uch provis ion . and each provision s hall be treated and held a s s till remaining in force for the purpos es of s ustaining 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 s ustaining any judgment, decree , or order whi ch can or may be r e ndered , e ntered , or made in s uch actions , s uits. proceedings, or prosecutio n s . -2- • ., n I • - • • • • ,. --• .. .. • -... Sectjon 6. Chojce of Code . Any party who has a pending application . where the permit application and final site plan have been submitted to the City before the date of final adoption of this Ordinance, shall make an election to proceed under either the current Code or the 1997 Code but not a combination thereof. Sectjon 7 ~ 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 20th day of March, 2000. Published as a Bill for an Ordinance on the 24th day of March, 2000. Read by title and paBSed on final reading on the 3rd day of April, 2000. Publiahed by title as Ordinance No . _, Series of 2000 , on the 7th day of April . 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis. City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final rea ding and publiahed by title as Ordinance No. _, Series of 2000 . Loucrishia A. Ellis -3- • ... ~ .. . .. ) I • 0 xi • • • ,. •,, ORDINANCE NO._ SERIES OF 2000 -· • • - BY AUTHORITY COUNCIL BILL NO . 22 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE AMENDING TITLE 8 , CHAPTER 2F, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO THE CODE FOR ABATEMENT OF DANGEROUS BUILDINGS FOR THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, the City of Englewood has used the Uniform Code for the Abatement of Dangerous Buildings as a model construction code since 1970: and WHEREAS, this Code is updated periodically to keep pace with changing construction technology ; and WHEREAS, amending the assessment of administrative costs to 25 % makes this consistent with administrative costs for removal of weeds and trash in E .M .C. Title 15 ; and WHEREAS, the City of Englewood Division of Building and Safety staff has thoroughly reviewed the 1997 Edition of Uniform Code for the Abatement of Dangerous Buildings and recommends adoption thereof subject to cenain exceptions , modifications and amendment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The City Council of the City of Englewood , Colorado hereby amends Title 8 . Chapter 2F, of the Englewood Municipal Code 1985, to read as follows: CHAPTER2 CONSTRUCTION AND SAFETY CODES ARTICLE F THE ABATEMENT OF DANGEROUS BUILDINGS CODE 8-2F-l : CODE ADOPTED : There is hereby adopted , by reference thereto, the Uniform Code for the Abatement of Dangerous Buildings,--™ 1997 Edition, published by the International Conference of Building Officials, 5360 South Workman Mill Road , Whittier. Califorrua 90601, subject to cenain exceptions , modifications and amendments as set fonh in Section 8-2F -2 of this Article . The Clerk shall maintain a copy of the Code which wj)l be available for inspection during regular busmess hours . -I - • , . 10 b X I • 0 - • • -• ,. • • - 8-2F-2: SPECIFIC MODIFICATIONS TO ADOPTED CODE : The following specific changes, modifications and a mendments are hereby made m the provisions of the Uniform Code for the Abatement of Dangerous Buildings .~ 1997 Edition, hereinabove adopted : A. Betete §ection 205 .1. s hall be replaced with the following: Appeals s hall be in accordance with E.M.C. 8-1-7. 8. E>elete eeetien !iJ91. Delete Chapter 5 in its entirety . C. Delete chapter 6 m its e ntirety. D. Section 801.1 -Procedure. In the first sentence . delete the phrases "therefore to the Director of Public Works" and "under the direct10n of said Director ". Delete the second sentence in its entirety. E. Delete section 801.2. F. Delete section 802. G . Replace chapter 9 with the following : Section 901 -Notice of Cost. When any costs are incurred by the Ci t y m causing the repair or demolition of any building done pursuant to the provisions of section 701.3 of this Code , the City Manager shall ca use a statement to be prepared showing the whole cost of repair to. or demolition of. any building, plus fifteen percent (15%) for administrative costs, and such statement shall be mailed to the property owner(s) with instructions that said statement will be paid in full plus costs, within thirty days of said mailing. Section 902 -Assessment. If. after thirty days from such mailing date . the full amount of such statement 1s not paid. the City Manager shall inform City Council of such fact , and the Council shall thereupon enact an ordinance assessing the whole amount of such statement, plus an additional ten twenty-five percent (~ {25%) of such amount. against the lots or tracts of realty to which s uch statement shall pertam. Upon final passage of s uch ordinance, a copy thereof shall be sent to each person having a record interest in any realty upon which an assessment is made , and such assessments s hall be ce rtified to the County Treasurer who shall collect such assessments in the same manner as ad valorem taxes are collected. Section 903 -Lien Assessment. All such assessments shall constitute, from the effective date of the assessing ordinance, a perpetual lien in the several amounts assessed against each lot or tract of land , and shall have priority over all liens excepting general tax liens and prior special assessments . No delays, mistakes . errors, or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment; but the same may be remedied by subsequent amendments, acts or proceedings , as the case -2- • .. 0 I • 0 J • • ~ • l•a } \•""' .. ' ! .. • -' may require. When so remedied, the same shall take effect as of the date of the original act or proceeding. Section 904 -Other Remedies . The amount of any unpaid charge. plus all penalties added thereto, shall constitute a debt due the City. The City Attorney shall, at the direction of the City ~ Council. institute civil suit in the name of the City to recover such charges and penalties. Such remedy shall be cumulative with all other remedies, including prosecution in Municipal Court for each and every violation of this chapter. Section 2 Safety Clauses The City Council hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood. that it is promulgated for the health, safety , and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. Section 3 Severabj)jty If any clause, sentence , paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid . s uch Judgment shall not affect, impair or invalidate the remainder of this Ordinance or 1t application to other persons or circumstances. Section 4 Inconsjst,ent 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. $ectjon 5 Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by dus Ordinance s hall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision , and each provision shall be treated and held as still remallllng m 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 j udgment, decree , or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions . Sectjon 6 &,naltv. 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 20th day of March, 2000 . -3- • ' ,. .. .. ~ ) I • C, 32 ] - • • • ,,-- • ; .. • • ... Published as a Bill for an Ordinance on the 24th day of March , 2000. Read by title and passed on final reading on the 3rd day of April, 2000 . Published by title as Ordinance No . ~ Series of 2000 , on the 7th day of April , 2000 . ATTEST: Thomas J . Burns, Mayor Loucriahia 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 -4- '· . ., • I . 32 ] • • • ORDINANCE NO. SERIES OF 2000 • • - BY AU THORITY CO ':-.I C IL BILL :-.JO . 23 I NTROD UCE D BY CO U NC IL ~1EMBER GARR ETI' AN ORDINANCE AUTHORIZING AN Il\'TERGOVERNMENTAL AGREEMENT ENTITLED "U.S. DEPARTMENT OF THE INTERIOR C .S . GEO LOG I CAL SU RVEY JOINT FUNDING AGREEMENT FOR WATER RESO URCES I:-..1VE STI GAT IO NS :· WHEREAS, the City Council of the City of Englewood a pproved a J omt Fundi n g Agreement between the U .S. Geological Survey by the passage of Ordinance No . 20 , Series of 1996, Ordinance No. 87, Series of 1997 and Ordinance :-.Jo . 5. Se rie s of 1999 : and WHEREAS , stream flow gages located on t he South Pl atte Ri ver . ar e operated a nd maintained by the U.S. Geological S urvey: a nd WHEREAS. the City of Englewoo d sha r es in the a nnual cost of oper ati n g a nd mamtaining the station on a 50/50 basis, with the U .S.G .S .: a nd WHEREAS. this Ordinance will renew the ·'Joint Funding Agreement For Wa ter Resources Investigations·· in the amount of $4 .i50.00 from the Englewood Ut1.ht1 es Department and authorizes new joi nt funding for the period of October l. 1999 through September 30, 2000 ; and WHEREAS , the cost to the Littleton/Englewood Wastewater Treatme nt Pl a nt 1s $13 ,420; and WHEREAS , under the Joint Funding Agreement the cos t 1.s s plit 50/50 with the City of Littleton : NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon 1. The intergovernmental agreement "U .S . Department Of The Interior U.S . Geological Survey Joint Funding Agreement For Water Resources In vestigation s", for the period of October 1, 1999 to September 30, 2000 , attached hereto as "Exhibit A," is here by accepted and approved by th e Englewood City Co uncil. Sectjon 2. The Mayor is authorized to execute a nd the City Cle rk to attest a nd seal the Intergovernmental Joint Funding Agreement For Water Sources Investigations for and on behalf of the City of Englewoo d , Colorado. Introduced, read in full , and passed on first reading on the 20th day of '.\<larch , 2000 . • I • • 10 b XI ) I • 0 - • • • • .. • - Published as a Bill for an Ordinance on the 24th day of March. 2000. Read by title and passed on final reading on the 3rd day of April , 2000 . Published by title as Ordinance No. ~ Series of 2000, on the 7th day of April. 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 • .Fo rm 9·13€6 (May 1996) • • -' U.S. Department of the Interior U.S. Geological Survey Joint Funding Agreement FOR Water Resources Investigations Agreement '.'lo. C00006I COI08 Customer '.'Jo. 84-6000583 TIN THIS AGREEMENT is entered into as of the 1st day of October 1999 by the U.S. GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR. party of the first part. and the City of Englewood , party of the second part. 1. The parties hereto agree that subject to the ava ilab il ity of apcropriations and in accordance w~h the ir respective authorities there shall be maintained in cooperation operation and maintenance of the streamflow and water quality stations on the South Platte River, hereinafter called the program . 2. The following amounts shall be contributed to cover all of the cost of the necessary fie ld and ana lytical work directly related to this program . (a) $16,780.00 by the party of the fi rst part during the period October 1, 1999 to September 30, 2000 (b) $18,170.00• by the party of th e second part during the period October 1, 1999 to September 30, 2000 • $1,390.00 unmatched funding (c) Ad ditional o r re duced amounts by eac h party during the above pe riod o r suc ce ed ing pe ri od s as may be dete rmined by mutu a l agreement and set forth in an exc hange of letters between th e partie s. 3 . The cos ts of this program may be paid by either pa rty in con form ity ,v 1th th e laws and re;ulation s res pectively governing each party. IE X .. I e I T A 4 . The fie ld and analytica l wo rk pertaining to th is program shall be unde r the di rec tio n of or subject to pe riod ic rev iew by an authorized represe ntative of the party of the first part. ) 5 . The areas to be included in the program shall be determined by mutual agreement between the part ies hereto or t he ir authorized representatives. The methods employed in the fie ld and office shall be those adopted by the party of th e first part to insure the required standards of accuracy subject to modification by mutual agreement. 6 . During the course of th is program, all fie ld and analyt ical wo rk of either party pertaining to th is program shall be ope n to the inspecti on of the other party, and if the work is not be ing carri ed on in a mutuall y satisfactory manner, either pa rty may te rminate th is agreement upon 60 days wr itten notice to the other party. 7 . The original records resu lting from th is program w ill be deposited in the office of o ri gin of those records . Upon reque st . copies of the original records will be provided to the office of the other party. 8. The maps, records o r reports resulting from this program shall be made ava il ab le to the public as promptly as poss ible . The maps , records or reports normally will be publ ished by the party of the first part. However, the party of the second part rese rves the ri ght to publi sh the results of th is program and , if already publi shed by the party of the fi rst part sha ll. upon request , be furn ished by the party of the first part, at cost, impressions suitable for purposes of rep ro d uc tio n sim ilar to that for wh ich the ori ginal copy was prepared. The maps . records or reports publi s hed by either party s hall conta in a statement of the cooperative relat ions between the parties . 9. Billing for th is agreement will be rendered annuaUv . Payments of bill s are due w ith in 60 days after the billing date . If not paid by the due date. interest w ill be charged at the current Treasury rate for eac h 30 day period , or portion thereof. that the payment is de layed beyond the due date. (31 USC 371 7; Co mptroll e r General File 9·212222. August 23. 1983.). U.S. GEOLOGICAL SURVE Y UNITED STATES DEPARTMENT OF THE INTER IOR City of Englewood Tharras J . Burns , Mayor By_V_..,./___,_f---,..;_i_~--ATIT..51': (5 I G NATURE & T I TLE ) By ___________________ _ District Chief, Colorado District IDuci:is hia A. Ellis, Ci t y Clerk (USE REVERSE SIDE IF ADD IT IONAL SIGNATURES ARE REQUIRED) • • I • 0 - • . 1-.,. . . • • - .. ' CITY OF ENGLEWOOD/U.S. GEOLOGICAL SURVEY COOPERATIVE PROGRAi\11 2000 WATER YEAR Station Number 06710247 Station Name South Plane River below · Union Ave., at Englewood Operation & Maintenance of four-parameter . Water-Quality Monitor 06711565 South Platte River at Englewood $20,700 TOTAL $20,700 COMBINED CITY AND USGS COST : ENGLEWOOD SHARE OF EXISTING PROGRAM COSTS Streamflow Station $9,500 *4,7 50 $14,250 $34,950 $18,1 70 *One half of total station cost. The other half is funded through the Urban Drainage and Flood Control District/u.S . Geological Survey cooperative agreement. \ A I . 0 3 X. • • ORDINANCE NO . SERIES OF 2000 l· , ... • --·· • .. • - BY AUTHORITY ' COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER WOLOSYN AN ORDINANCE AUTHORIZING THE "CONTRACT AMENDMENT #2" TO THE INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD , COLORADO AND THE STATE OF COLORADO FOR THE USE AND BENEFIT OF THE DEPARTMENT OF TRANSPORTATION (CDOT) FOR THE CONSTRUCTION AND FUNDING OF THE PROJECT TO WIDEN AND CREATE MEDIANS ON BROADWAY BETWEEN U.S. 285 AND YALE AVENUE IN THE CITY OF ENGLEWOOD . WHEREAS, the City Council of the City of Englewood passed Resolution No. 3. Series of 1996, which authorized the City to apply for Federal funds under the Intermodal Surface Transportation Efficiency Act (ISTEA); and WHEREAS, in 1997 the City initiated the South Broadway Corridor Action Plan: and WHEREAS , the City Council of the City of Englewood passed Ordinance :-lo . 41 , Series of 1998 authorizing an Intergovernmental Contract between CDOT and the City for the design of the proJect of widen and create medians on Broadway between .S . 285 and Yale Avenue ; and WHEREAS , the City Council of the City Of Englewood passed Ordinance NO . 66, Senes of 1999. amending the basic contract dated August 6 , 1998, in order to add the construction budget for the project described in the previously executed contract; and WHEREAS, the passage of dus Ordinance covers wording changes to Amendment #I related to the construction of "South Broadway Widening and Medians·· WHEREAS , this proposed Amendment does not change the financial commitments detailed m Amendment #1 which provides for the Federal Participating Funds to be $2 .980.000.00 , the State Participating Funds to be $370,000 .00, and Englewood 's Participating Funds to be $375,000.00 and Englewood's Non -Partic1patmg Funds to be $-1 ,767 .00, for a Total of $3,729 .767.00 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY CO NCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon l. The City Council of the City of Englewood , Colorado, here by authorizes the "Contract Amendment #2" to an intergovernmental agreement with the State of Colorado for the use and benefit of the Department of Transportation (COOT) for the construction and funding of the project to widen and create medians on Broadway between U.S . 285 and Yale Avenue in the City of Englewood. attache d as "Exhibit A". -I - • ' . " 10 b xii ) I • 0 - • • • ,, • .. .. • • Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the "Contract Amendment #'1:' to the intergovernmental agreement with CDOT for and c;n behalf of the City of Englewood , Colorado. Introduced, read in full , and passed on first reading on the 20th day of March 2000 . Published as a Bill for an Ordinance on the 24th day of March, 2000. Read by title and passed on final reading on the 3rd day of April, 2000 . Published by title as Ordinance No. _, Series of 2000 , on the 7th day of April, 2000. Thomas J . Burns, Mayor AITEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000. Loucrishia A. Ellis -2- ,. .. I • C, • • - • ' .. ,,•• • - SIT 285-1-0il (11999) 'wlDE;\lf.\!G BROADWAY : L'S 285 TO YALE AVE:"J1.:E City ofEnglwood1R6 (JRl ) .. CO~TRACT A.'1E~DME'.'IT #7. 00 HA6 OOOil THIS A.\IE>iTI\.1E~T. is made this day of . 19_. by and berween the State of Colorado for the use and benefit of the De;,aru-r.e::t or I r:mspona:ion hereinafter re,·e::red to as "th e State" or "COOT' and the CITY OF E>iGLE\\"000 . STA. TE OF COLOR.-1.DO . 34 00 South E "a·i Scree:. Englewood. CO 80 110, Fcf.\: 8..16 000 583 herein:der refe::red to as u'ie '·Loc:tl Agency··. FACTL.U RECITALS 1 .. .i.u:.":. r:1y exis:s ir: the la·>-· :ind funds have bee:1 bucgeted. approp::::ned anc o L'1e:""--v ise made a\·ai lac ie anc: a su!':ic:e:1t unencur:ibered balance thereof remains a\ :ti:ab ie for payme:1t in Fund ~u."!l be: J OO. Appropr:ation Code 010. Organizatior. >iur.:ber 9991. P:o g:-:in: :ooo . Functio n 330 I. Obj ect 23 i : 1 P. ?!lase C. Re;,orting Category 6240. Cont:act bc:i.-:ii:Jra.,~e :-:w:i be: 11999 . (Cor.t::ic: Enc~-:1:::rance Arnou.,t : S0.00). :. Re~uird a;,proval. c!earance. and coordination ha\·e :,een ac:or::;::Lshed from and wit.'1 appropriate age::cies: and 3. T::e ;:ar::es en te:ec into a comrac: date:: . ..\ug'.ls t 6 . 199 8. (9S H...\6 0 . 077 ) and C ont:ac: Amenc.-nen t = i. dated January 3. :2000. for a proje:: to \\-iden Broadway at CS :85 to Yale Asenue. ir.c :uc:.,g ne'-\ si =:1a li z.:it io n or the 285 Broadway Ramps. mocific:nions to t,vo :-a.111ps anc: assoc:ated ir::;::o\·e:ne:::s . a.,-: :he recor.stnic:ion of Broadway to ac:orn::iodate ra is e:: :::ecians from L·s 2S5 to Yak :n ore :'i.:lly desc:ii:Jed in Exhibit A anac:1ed to the Basic Conrrac:. Rou:ing :-:umi:Je: 98 H . ..\6 01077 . 4 . T:ie 9asic Cor.trac: is st ill in effec: and provides for ::1anges to its te::rns and conditions by \\Tinen su~p ie:nental comrac:: and 5. Tne ;,u:ies now desire to amend the Basic Conrr:ic: to provide tb: th e Loc:i l Agency is the resp ons ioi e par:y for pe~f rr:1ing the tasks associated with construc:ion fo r :h e proj ect described in the prev iously executed Basic ContrJct. Routing ;\iumber 98 H . ..\6 0 . 0 77 . 6. Tnis . ..\rnendment is e:1te:ed into pursu:in: to the pro\·isions or Se::io ns 2.!-:3 0-1401 et seq .. 4~-1-106. :me 43-1-110. as amended . :\OW THEREFORE. it is hereby agreed that • • 0 x ... I B I T A ) I • 0 ]- • • • ,, • • - I. Consideration for this Amendment to the Basic Conrract which consists of the original conrract dated . .\ugust 6. J 998. Routing Number 9 8 HA6 01077. and Contr:lct Amendment #1, dated January 3, 2000, consists of the work identified in this amendment. the pa~me:1ts of which shall be made plll'Suant.to Amendment # I and the promises and agree:nents herein set forth. 2. It is expressl y agreed by the parties that this . .\mendment is su ppl emenul to the Basic Contr:ict. which is, by this refe,ence. in corporated. and made :i part he,eof. and attached as Exhibit A. and all te:-rns , conditions , and pro\isions thereof. unless specifically modified here:n. are to apply to this ,.\me:1dment as though they \ve,e expressly re\',Titten. inc orporated. and included he,ein. 3. It is agreed the Basic Contract is and shall be modified. ilte,ed. and changed in the following respec ts only : a. Section II. Proi ect Descriotion. of the Basic C ontr:ic: shall be de leted and shall be substituted with a new Section II which shall reJd a.s follo ws: II. PROJECT DESCR1PTIO~ "Tne project" or "the \Vork" under this contract sh.:ill involve the design and construc:io n of Project srr· 2854-071, which shall consist of widening Broadway at L S 285 to Yale A. \·enu e. installing new signalization at th e LS :85,Broadway r:imps. modifying r.vo ramps and comple:ing the associated improvements. and reconst:-Jc:ing Broadway to accommodate r:iised medians from LS 285 to Yale ,lis enue . he~e in refe~ed to as ··the proj e:::t " o r "the W ork " in Englewood. Colorado. as more spedically describe d in Exhibit A. an.ached to the Basic Contract (the Form #463 and1or a "Scope of W ork ") as it may be revised by the parties in the design review process before the project work is acrua lly star:ed . b . Section IV. \Vork Reso onsibilit\·. oithe Basic C ont r:ict shall :ie de!eted and shall be substituted with a new Se c:ion IV . wh i :: shall read as follows : I\". WORK RESPONSIBILITY The Local . .\gency sh.:ill be respons ibl e to pe ~form all desi :n .:l!ld cor.s,ruction mks required to complete th e Work and th e Loc :i l . .\gency shall comp ly with all applicJble te:-rns and conditions of this contract in performing the \V ork. including those process and task responsibiiities addressed in the Pre -C onstruct ion and ConstrJctio n . .\dministratio n Checkli sts attached to the Basic Contract. The Loc:il Agency shall pe ~form all such task s in acc o rdance with final approved design and in :ic:::ordance with app li cable re quirements and sr:indards. incl ud ing thos e in this contract and in applicab le la\\. -1 . Except for the "Spec:al Pro\·i sions." in the e\·ent of any conflict. inconsis:ency. vari:mce. or contradic tion betweer: th e pro\·isions of this Amendment o r an y of its anachments o r exhi bi ts. and any of the prov isio ns of the Basic Contract. this . .\mendment shall in a ll resp ects supersede . gov ern :ind co ntro l. The "Sp e::ial Provisions" shall ah\ays be controll ing o ver o ther pro\ isio ns in the contrJctor amendments. The factual representatio ns in the Spec1a Pr o,·isions concerning the absence or" bribery or corrupt influences and perso na l intees: oi S1:ite .:mp lo: ees are ., ) I • 0 - • • • .. '•' '"' -· • • - srr· :8s.i.o,1 (11999) \\ 1DENNG BROAD\'VA Y : L'S 285 TO Y..lJ.E A VThTE City ofEnglwood'R.6 (JRJ ) .. CO\TR.\CT A.'\1E'.\iDME~T #2 .. 00 HA6 00071 THIS A ... v!E~'Dl\,!E~T. is made this day of . 19 _. by and be!ween the State of Colorado for the use and benefit of the De;:,ar~-ne::: 01 1 r:i..,spona:ion he:einafier re:·e:-red to as "the State" or "CDOT" and the CITY OF E~GL:::\,:QO D . ST . ..\ TE OF COLOR...\00. 3400 Soud1 Eiati Street. Englewood. CO 801 10. F"i:f.\: 8.!6000 583 he:einane: refe:-red to as the '·Loc:tl . ..\gency ... FACTLU RECITALS 1. Aut.'ior.ry exis:s ir. :he l.lw :i.nd funds have :iee:1 bucgeted. appro pr:3.ted anc o L'le="'vise made avai laci e and a suf-ric:e:n unenc:ir:1bered balance thereof re:nains 3.\·::..;:a:iie fo r ;:,ayment in Fund :-.:urn be: 400. Api:;ropri:nion Code O I 0. Organization )iur::be: 999 1. P:o g:-m: :oo o. F unc,io n 3301. Obje::: ::::; 12 IP. P!'lase C. Re;:,oning Category 6240. C ont::i.ct Enc'..lr.l i::rJ.nce '.\u.":lbe I 999. (Cont:ac: Enc:.,rn:ir:i..TJce An1ou.,1 : S0.00). :. Re~uired approva. c!ear:i..11ce. and coordinat ion ha\'e :ieen ac:o ::-.;:::·shed :rorr: :i.nd wi ::i appropriate ag~::cies: and 3 . T::e ;:ar::es e::te:ec ir.to a com:ac: cared . ..\ug '.!St 6. 1998. (93 F-i . .i..6 o:o--, anc C o m::i.c: Ame::d.-ne::t = . dated January :3. 20 00 . for :i projec: to \,ide:1 Broadway at L'S :85 to Y:i le . .\\'e:,ue. inc!uc:..,g new sig:-.a iz.ition of :he 285 Broadway Ramps. mociii::uions to two :J.."nps an c :iss o c:ated irr.;::ro\'i~:ne::':.5. 1.,c :he re::or.st,Jc:i o n of Broadway to ac:or:i ... -;; date ,:ii s e::: :::e:::ians f:'o r:1 L'S 2S5 to Yaie . :nor: f.!! y desc:ibec ir. Ex.'libit . .\ :mac:io:c: to the Basic Contrac:. R 0t.:::::g \:u:nbe: 98 H . .\6 01 0 77 . 4. T:ie Bas ic Contr:ic: is s,ill in effec: and pro\·ides for ::ianges to its ;~:ms and condit io ns by wrine::i suppie:nental contrac:: and 5 . Tne parties now desire to amend the Basic Cont:r:ic: to pro\·ide th:i.: the Loc:i l ...\gene:: is the respons ibi e par.y for pe:forwing the tasks associated with cor.struc:ion for :he project desc:ibed in th e pre,·io us ly executed Basic Contr:ict. Routing !'iumbe: 98 H . ..\6 010 77 . 6 . This . ..\mendment is ente:ed into pursu:in: to the pro\·isions of S.::::io ns ~-"-30-1401 et seq .. 4~-1-106. :inc 43-1-110 . :is ame::ided . :\0\\ THEREFORE. it is hereby :agreed th:it • C X .. I a I T A ) . ' I • 0 - • • • • • .. ( • - presently reaffirmed. 5. FINAt'iCLA.L OBLIGATIONS OF THE STATE PAYABLE AFTER THE CUR.RENT FISCAL YEAR ARE CONTINGENT UPON FUNDS FOR THAT PURPOSE BENG APPROPR1ATED , BUDGETED, A.1.\.jTI OTHERWISE MADE AVAILABLE. 6. THIS A.MENDM.ENT SHALL NOT BE DEE!'v1ED V.A.LID t.,·~./TIL IT SHALL H.-WE BEEN APPROVED BY THE CONTROLLER OF THE STATE OF COLORADO OR Sl.iCH ASSISTANT AS HE MAY DESIGN A TE. • .. ' . ) I . 0 x I • • • • ··~··· .. • - IN WTINESS WHEREOF , the parties hereto have executed this Amendment on the day first above \\1ritten. STA TE OF COLOR.ADO BILL OWENS, GOVER.'-IOR. ATTEST : By __________ _ Chief Clerk Contractor: CITY OF E>iGLEWOOD By __________ _ 'Ibamas J . Burns Ti tie Ma.:irnr A TTOR."iEY GE~ER..\L KE'S S . .\LAZAR By ----------- GREG JA.'v1IESON Assistant Attorne y General Ci vil Litigation Section Executive Director, Deparunent of Transportation ATTEST (Seal ) By __________ _ Title APPROVALS Lc,ucrishia A. Ellis City CJert ST .-\ TE CO:-,iTROLLER ARTHl'R L. BAR."in.-\RT By __________ _ '· .. 0 I . 0 I - • • • • ·, . .. ·• , !t • " • -.. presently reaffirmed. 5. FINAl'lCLA.L OBLIGATIONS OF THE STATE PAYABLE AFTER THE CURRENT FISCAL YEAR ARE CONTINGE!'/T UPON FUNDS FOR THAT PURPOSE BEING APPROPRIATED , BUDGETED , A.'ID OTHERWISE MADE AVAILABLE . 6. nns AMENDMENT SHALL NOT BE DEE!vlED VALID UNTIL IT SHAlL HAVE BEEN APPROVED BY THE CONTROLLER OF THE STATE OF COLOR.ADO OR SUCH ASSISTANT AS HE MAY DESIGN A TE. ,. . ' .. .. . .. ' . 0 I . G X ]- • • • ,. ---' • • - BY AUTHORITY ORDINANCE NO._ SERIES OF 2000 COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE RENUMBERING TITLE 8, CHAPTER 1. OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO THE DIVISION OF BUILDING AND SAFETY ADMINISTRATION OF THE CITY OF ENGLEWOOD. COLORADO . WHEREAS , the Englewood City Council passed Ordinance No . 7, Series of 2000 , the Admirustrative Ordinance deleted E.M .C. Title 8 , Chapter 1, Section 4. in its entirety, requirmg the renumbering of the subsequent sections of thi s Chapter; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon ) . The City Council of the City of Englewood . Colorado here by r e numbe r s Title 8 , Chapter 1, of the Englewood Municipal Cod e 1985 , to read a foll ows: CHAPTER 1 DIVISION OF BUILDING AN'D SAFETY ADMINISTRATION 8-1-1: TITLE AND PURPOSE : This Title shall be referred to and known as the ENGLEWOOD BUILDING AND SAFETY CODE and .is enacted to provide minimum standards to safeguard life and limb and promote the public health, welfare and safety of the citizens of the City , and of the public generally , by regulating and controlling the design , construction . quality of materials, use and occupancy , location and maintenance of all buildings. structures and utilities within the City and certain equipment specifically regulated herein. 8-1-2: DUTY TO COMPLY WITH CODE: A. It shall be the duty of all officers and employees of the City to cooperate in the enforcement of the Englewood Building and Safety Code . Such cooperation shall include any assistance that may be required for the enforcement of the Englewood Building and Safety Code . B. A variance granted by the Board of Adjustment and Appeals s hall becom e null and void if required permits are not obtained and work started within si."t (6) months from the date the variance i s granted. C . No oversight, neglect or dereliction on the part of the Code Administrator or any authorized assistant shall authorize violation of this Code . Each day a violation is continued constitutes a separate offense. -I - • .. 10 b xii i I • 0 • • • • • -.. D. This Code shall not be construed to relieve from or lessen the responsibility of any person owning, operating or controlling any building or structure for any damages to persons or property caused by defects . nor shall the code enforcement agency or its parent jurisdiction be held as assuming any such liability by reason of the inspections authorized by this Code or by certificates of inspection issued under th.is Code . 8-1-3 : DEFINITIONS : BUILDING OFFICIAL or CHIEF BUILDING OFFICIAL: Where these terms are used in th.is Title or any code in this Title . they shall mean the person designated by the City Manager. or hi s/her representative with the title of Building Official or Chief Building Offi cial. ENGLEWOOD BUILDING AND SAFETY CODE: Th.is entire Title and all co de s adopted herein . INSTITUTION: The occupancy or use of a building or structure or any portion thereof by persons harbored or detained to receive medical. charitable or other care or treatment. or by persons involuntarily detained. 8-1-& f GENERAL POWERS AND DUTIES: The Chief Building Official shall administer and enforce the Englewood Building and Safety Code 8-1~ g: PERMIT FEES FOR CITY CONSTRUCTION WORK : A. Any construction work governed by this Title , which 1s to be accomplished by employees of the City in or on property owned by the City , s hall be exe mpt from all permit fee assessments which would normally be required. All City employees who perform construction work for the City must be properly licensed or be working under the supervision of an individual who is properly licensed. Waiver of permit fees does not exempt City employees from having all necessary permits and approvals prior to commencement of construction work . B. Commercial and private contractors doing construction work for the City shall not be exempt from the payment of permit fees . 8-14 t ALTERNATE MATERIALS AND METHODS A. The provisions of the Englewood Building and Safety Code are not intended to prevent the use of any material or method not specifica lly prescribed by -2- •, . , I • 0 • • ,,.-· . • .. • -.. the Code, provided any alternate or modification to the Code has been approved and its use authorized by the Chief Building Official. B. The Chief Building Official may approve any a lternate material or method , provided that the proposed de si gn. use , or operation is satisfacto ry and complies with the mtent of this Code and that the material. method of work performed . or operation is. fo r the purpose intended. at least the eq uiv a lent of that prescribed in tlus Code in quality . strength. effectivene ss, fire resis tance. durability. safety a nd sanitation. C. The Cluef Building Official shall require that sufficient evidence of co mpliance with the provisions and intent of this Code be provided when alternate materials or methods are intended to be utilized . When new technologies. processes. products. materials and/or uses present technical problem s which the staff is not tramed to adequately evaluate. the Chief Building Official may require the tests be conducted to substantiate compliance with the intent and provisions of this Code . Such evidence shall be prepared by qualified engineers. s pecialis t s. laboratory or fire-safety orgamzat10ns . or other approved agencies acceptable to the Chief Building Official a nd s h all be provided at the expense of the person requesting approval of the alternate material or method . D . All details of any action grantmg modification of this Code s hall be r eco rded and entered into official records of the City . 8-I~ J: APPEALS : Whenever the Cluef Building Official s hall disapprove an application : r efu se to grant a permit: deny or revoke a license or certificate of registration : di a pprove a n application for alternate materials or methods : when it is claimed that the provisions of the Englewood Building and Safety Code d o not apply m the ma nne r m which the Chief Building Official or an agent determmes. or whe n it is cla im ed that the true intent and meaning of the Code have been misconstrued or wro ng ly interpreted by the Chief Building Official or an agent. any person aggr1e,·ed t he r eby may appeal from the decision of the Chief Building Official or an age nt to the Englewood Board of Adjus tment and Appeals within thirty (30) days from the date of the decision appealed , which Board shall review the decision of the Chief Building Official or an agent and render a final and binding decision thereupon . In conside rin g such appeals, the Englewood Board of Adjustment and App ea ls s hall have the powers granted to the Chief Building Official. 8-1-9 §: UNLAWFUL ACTS : It s hall be unlawful for any person to do or cause to be done . or perform or ca use to be performed any act contrary to or in-violation of any of the provision s of this Code or any other code , ordinance. rule or regulation promulgated thereunder including the following: A . Alternate Methods , Materials and Equipment. For any pe rson to use any method, material or equipment as an alternate to the methods . material s or equipment permitted by th1 s Co de without first havmg obtained approval in the manner provided . -3- I • 0 • • • • ' . ,. • • ' B. Licensing. To excavate, erect, construct, enlarge, remodel , a lte r . repall". move, improve , remove, convert or demolis h any building, structure or utility in the City without first obtaining a license or ce rtificate in accordance with the provisions of this Code. C. Licensee and Certificate Holder Responsibility. For any licensee or certificate holder to commit any violation of the responsibilities as enumerated elsewhere in this Code . D. Drawing and Specifications . To make application for a permit without fJ.J"st having submitted drawings and specifications as required by provision s of this Code. E . Permits. To excavate, erect, construct, enlarge, remodel. alter, repair. move. improve, remove , convert or demolish any building, structure or utility m the City without first obtaining a permit in accordance with the provtsions of tlus Code . F . Certificate of Occupancy. For any person to occupy any building or structure without first having obtained a certificate of occ upancy as required by the provisions of this Code. The Chief Building Official may issue a temporary certificate of occupancy. G . Unsafe Buildings. For any person to maintain or permit to be maintained, any building, structure or utility when such building, structure or utility is unsafe in accordance with the provisions of this Code. These requirements shall apply to buildings, structures or utilities now existing, under construction or being demolished . H . Wrecking . To sell or to advertise for sale used building materials at the site of wrecking operations I. Burning of Waste Material. For any contractor to burn paper, refuse , waste or other materials at the site of any wrecking or building operations without firat having obtained the required permit as provided for in this Code. J . Excavation and Fill Materials. For any person to allow any excavation to be left open. or any fill material to be piled on site, for a period in excess of si.'tty (60) days. The Chief Building Official may extend this period if necessary due to unusual conditions. 8-1--l-G ~: VIOLATIONS : A. B. Established, Whenever. by the provisions of this Code , the performance of any act is prohibited or where\'er any regulation, dimension or limitation is imposed on the erection, alteration, maintenance or occupancy of any building structure or utility . a failure to comply with the provisions of this Code shall constitute a v10lat1on. A separate offense shall be deemed committed during each day on which a violation occurs or continues . Double Fee if Work Started Without Permit; Emergency Work . Any person who shall commence any work for which a permit and license is required by this Code without first having obtained a permit therefor shall, if -4- • • 0 I • C, J- • • .... -.. • ·,. • - s ub seq uently permitted t o obtain a permit. pay double the permit fee foced for s uch work; provided . howeve r . this provis10n s hall not apply to e mergency work when it s hall be proved to the satisfaction of the Chi e f Building Official that such work was urge ntly necessary a nd tha t it was not feasible to obtain a permit therefor before the commencement of t he work . In all s uch cases a permit must be obtained as soo n as it is feasible t o do so , and if there be a n unreaso nable delay in obta ining s uch permit. a double fee s ha ll be charged. The paym ent of s uch doubl e fe e s hall not reli eve any person from full y complying with the requirements of this Co d e m t he execution of t he work nor from a ny other penalties presc rib ed her e m . 8-1-H-10 : PENALTIES : A. Any person who s hall v10late a ny of the provisions of the Englewood Building and Safety Co de , or who fails to co mply with the provisio ns of Title 8 of the Englewood Municipal Co de , or who s hall violate or who shall fail to co mply with any order made thereunder. or who s hall build any struct ure of a ny nature in violation of any detail ed statement or specifications or plans submitted a nd approved thereunder, or any ce rtificate or permit issued thereunder. a nd from wlu ch n o appeal has been taken : or who s h a ll fail to co mply with s uch a n orde r as affirmed or modified by the Engl ewood Boa r d of Adjustment and Appeals, or by a co urt of co mpe t e nt jurisdiction . witlun the time fo:ed therein. s hall be co nsi dered to have v10lated t lu s Co d e a nd s hall be subject to those penalties prescribed in Section 1-t-l of the Englewoo d Municipal Code . The imposition of one penalty for a ny VIOiation s h a ll not e xcu se the violation nor permit it to continue. a nd all uch persons s hall be reqwred to co rrect or remedy s uch \'lolations or d efect s w1thm a reasonable time . B. Any co ntinwng act which , under sub ec tion A hereof s hall co n t1tute a V1olat1on of t lus Code . 1s hereby declared to be a public nu1 ance a nd m a ddition to a ll other penalties prescribed herein. he 1ty may take s uch legal actio n to a ba t e s uch nuisance as s hal.l be ap propriate . D. The s uspen sion or revocation of a ny li ce n se. cer ttficat.e . r eg1s tra t1 on . pe rmit or other privileges co nferred by t he City s hall not be rega rded as a penalty fo r t he purposes of e nforceme nt of tlus Code . In the eve nt any building, structure or utility 1s e r ected. co nstructed , reco nstructe d , a ltered , repaired . co nve r ted , d e moh hed , mov ed o r maintained ; or a ny building, s tructure , excavation or utility 1s use d . m v1olat1on of this Code . the City or any prope r pe r son may m s utut a ny a ppropriate action or proceedings to prevent s uch unlawful erec ti on . construction. r eco n struction, alterat10n, repair, co nvers ion . maintenance or occupancy ; to r es train, correct or a bate s u ch Vlolauon : or to prevent the occ upancy of s aid building, structure or land . The 1mp os 1t1 on of a ny penalty hereunder shall not preclude the City or any proper pe r so n fr om m sututmg any appropriate action or proceeding t o r eq uire co mpliance with the proV1s1ons of this Code a nd with admirustrauve o rde r s a nd determma u on made hereunder. -5- • 0 I • 0 - • • • .. • - Secupn 2 Safety Clauses The City Council hereby find s . determines. a nd declares that tlus Ordinance is promulgated under the gene r al poli ce powe r of the City of Englewood , that it is promulgated for the hea lth. safety, a nd we lfare of t he public. and that this Ordinance is necessary for the preserva tion of h ealth a nd s afety and for the protection of public convenience and welfare . The City Co uncil further determines that the Ordinance bears a rational relati on to the prope r le gi s lative object sought to be obtained. Sectjpn 3 Seyerabjlity If any clause, sentence, paragraph, or pa rt of tlus Ordinance or the application thereof to any person or circumstances s ha U for a ny reason be adjudged by a court of competent jurisdiction invalid . s uch Judgment shall not affect, impair or invalidate the remainder of this Ordina nce or 1t a pplication to other persons or circumstances. Sectjpn 4 lncpns1stent 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 . Sectjpn 5 Effect pf repeal pr mpdjficatjpn The repeal or modifica tion of an y provision of the Code of the City of Englewood by this Ordinance shall not relea se, extingirish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision , and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions. suits, proceedings , and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well a s for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions. suits, proceedings, or prosecutions. Introduced, read in full , and passed on first reading on the 20th day of March. 2000 . Published as a Bill for an Ordinance on the 24th day of March , 2000. Re a d by title and passed on final reading on the 3rd day of April , 2000 . Publis hed by title a s Ordinance No . _, Series of 2000, on t he 7th day of April , 2000 . Thomas J . Burns, Ma yor ATTEST: Loucrishia A. Ellis, City Clerk -6- • ., ) I • 0 • • • • -.. 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- . .. I • - • • ORDINANCE NO . SERIES OF 2000 • ~ _,,,.. .. • • • ' BY AUTHORITY COUNCIL BILL NO . 26 INTRODUCED BY CO NCIL MEMBER WOLOSYN AN ORDINANCE AMENDING TITLE 8 , CHAPTER 38, OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO PUBLIC AND SEMI-PUBLIC SWIMMING POOLS IN THE CITY OF ENGLEWOOD , COLORADO. WHEREAS, the City of Englewood has used the Colorado State Department of Health Swimming Pool Regulations and Standards as a safety standards since 197 3 : and WHEREAS , this standard is updated periodically to keep pace with chang1n g technology; and WHEREAS , the City of Englewood Division of Building and Safety taff ha thoroughly reviewed the 1993 Edit10n of the Colorado State Department of Health Swimming Pool Regulations and Standards and recommends adoption thereof ubJ ec t to certam exceptions , modifications and amendment; NOW , THEREFORE . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD. COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood , Colorado hereby amend. Title 8, Chapter 38, of the Englewood Municipal Code 1985 , to read as follows : CHAPTER3 SWIMMING POOLS ARTICLE B PUBLIC AND SEMI-PUBLIC SWIMMING POOLS 8-38-1 : COMPLIANCE WITH CODE: It shall be unlawful for any person to operate a public or se mi-public s wimming pool except as provided in and authorized by this Article , and in accordance with applicable rules and regulations promulgated by the Colorado State Department of Health as adopted herein. 8-38-2: COLORADO STATE DEPARTMENT OF HEALTH SWIMMING POOL REGULATIONS AND STANDARDS ADOPTED: There is hereby adopted, by reference thereto. the Colorado State Department of Health Swimming Pool Regulations and Standards eeeeiens III, IV and Appendix. dated September 19 , 1973 30. 1993 , published by the Colorado State Department of Health, Division of Engineering and Sanitation, 4210 East 11th Avenue, Denver. Colorado, 80220, with the same force and effect as if the same were fully set forth . I - • ' . ' 0 10 b xiv I • 0 • • • • l •\1 • - herein. Not less than three (3) copies of the above described Code s hall be certified to be true copies of said Code by the Mayor and the Clerk and filed in the office of the Clerk at least fifteen (15) days prior to public hearing and s ubje ct to public inspection at all times while said Code is in full force and effect. The Clerk s hall maintain at a ll times reasonable copies of the Code available for purchase by the public at reasonable price . The Clerk shall maintain a copv of t he Standards available for inspection during regular business hours . 8 aB a . DEFI.llHTimJS: PERSO!>J. PUBLIC SWl?,4Ml}>JG POOL : SEMI PUBLIC SWIMMl}>IG ~: SWIMMnJG POOL: 8-38-+ l PLANS AND SPECIFICATIONS : Ari) perseri, fwm , partriersmp , asseeiat.ien, eerperatieri, eempari), r;e, er nmental ar;ene), ehth er err;ameatieri ef !11'1) kind . A s .. imminr; peel ttettall_. epen te an .• memher efthe ptthl:ie . i'<r1) s .. imming peel nmeh is neither a ptthhe s .. 1mmtl'lg peel l'ter a pri,ate s .. 1mm1ng p661. irieltt!lirig b) 11 !I) ef e.,ample. httt net 1:imiteli te, hetel p66ls. mete! peels arid eettl'ltr) elttb peels . Ari artmeiall) eerietueteli l,eli. ef n ater m11iritairie!I e.,elttei, el) fer s .. imming, reere11ti,e l,11tmrig , er .. 111Hrig , inelttittrig 11pp11rten11nees ttseli 1ri eel'trieetien .. ith the s .. imm1nr; peel. It shall be necessary to submit to the City of Englewood and the Tri-County Di s tri ct Health Department and the Colorado Department of Health as required in the hereinabove adopted standards, detailed plans and specifications before any public or semi-public swimming pool is installed, constructed, modified , remodeled . extended or enlarged. Before such work is co mmenced , such plans and specifications shall be approved, in writing, by the City of Englewood and the Tri-County Di stri ct Health Department with respect to the layout and arrangement of all areas a nd the materials to be used in construction of the swimming pool, bathing areas a nd associated equipment. -2- •, ) I • 0 • ; . .. 8-3B~ f REPAIR OR CLEANING ORDER: • • - , . ' The City Manager, or his authorized agent. may order any person who has caused any provisions of this Article to be violated to effect such cleaning or repair operations as are necessary to place such swimming pool in conformity with the requirements of this Article and pertinent rules and regulations referred to hereunder. Whtie cleaning and repair operations pursuant to an order under terms of this Article are being undertaken. the area or areas of the swimming pool affected by such order shall not be utilized in connection with the operations of such swimming pool. Section 2 Safety Clause ,; The City Council hereby finds . determines. and declares that this Ordinance 1s promulgated under the general police power of the City of Englewood . that 1t is promulgated for the health. safety, and welfare of the public, and that tlus Ordinance is necessary for the preservation of hea lth 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 legislat1ve object sought to be obtained . Section 3 Seyerabjlity If any clause, sentence . paragraph. or part of this Ordinance or the application thereof to any person or circumstances s hall 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. Section 4 Inconsjstent 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 . Section 5 Effect of repeal or modificatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter. modify , or change in whole or in part any penalty, forfeiture . or liability . either civil or criminal, which shall have been incurred under s uch provision , and each provision s hall be treated and held as still remaining in force for the purposes of s ustammg any and all proper actions. suits. proceedings , and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well a s for the purpose of s ustairung any judgment, decree , or order which can or may be rendered , entered, or made in such actions , suits, proceedings. or prosecutions . Sectjon 6 ~ The Penalty Provision of E .M.C . Section 1-4-1 s ha ll apply to each and every violation of this Ordinance . Introduced, read in full. and passed on first reading on the 20th day of March , 2000 . -3- • ., ) I • 0 - • • • I• ..... .. • -.. Published as a Bill for an Ordinance on the 24th day of March, 2000 . Read by title and passed on final reading on the 3rd day of April, 2000 . Published by title as Ordinance No . ~ Series of 2000. on the 7th day of April . 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 2000 . Loucrishia A. Ellis -4- ' . .. . 0 I • 0 - • • • ORDINANCE NO._ SERIES OF 2000 • .. • - BY AUTHORITY COUNCIL BILL NO . 27 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AUTHORIZING THE VACATION OF WATER AND SEWER EASEMENTS LOCATED AT ENGLEWOOD CITYCENTER. WHEREAS , water and sewer lines , with easements, existed to serve Cinderella City and other off-site properties; and WHEREAS, the redevelopment of the CityCenter property require the relocation of those lines; and WHEREAS, certain portions of the easements have previously been vacated m the W a!Mart development; and WHEREAS, the City no longer needs these easements for water and sewer lines : NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjon ) . The vacation of water and sewer easements located at Englewood CityCenter, Subdivision Filing No . 1 and recorded in Book 1807 at Page 691 and as amended in Book 4346 at Page 703 ; including a portion of said easements previously vacated and recorded at Reception No. A9182368 , is hereby approved by the Englewood City Council. Introduced, read in full , and passed on first reading on the 20th day of March . 2000 . Published as a Bill for an Ordinance on the 24th day of March. 2000. Read by title and passed on final reading on the 3rd day of April , 2000 . Published by title as Ordinance No. ~ Series of 2000 , on the 7th day of April . 2000 . Thomas J . Burns, Mayor ATTEST : Loucrislua A. Ellis, City Clerk -I - .. 10 b xv ) I • 0 - • • • --• •·.j ... • - 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 • • • -.. , .,,-·· • ,. ~ .. • -' BY AUTHORITY ORDINANCE NO._ SERIES OF 2000 COU 1CIL BILL NO . 28 INTRODUCED BY COUNCIL MEMBER GARRETT AN ORDINANCE AMENDING TITLE 8 , CHAPTER 5 , OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAI!l.11NG TO MOVING STRUCTURES IN THE CITY OF ENGLEWOOD , COLORADO . WHEREAS , the City of Englewood must regulate the moving of structures on City streets for the safety of the public; and WHEREAS , the City of Englewood Departments of Public Works and the Building and Safety Division have been enforcing this Ordinance as written since 1985 : and WHEREAS . it is important to address in greater detail the structure move r responsibilities with respect to notification of neighboring affected jurisdictions and posting of signs; and WHEREAS, it is desired to provide staff greater flexibility on permits with respect to operating requirements and conditions m order to assign the necessary cond1t1ons and requirements based upon what is being moved and where it is being moved : Sectjop 1. The City Council of the City of Englewood . Colorado hereby amends Title 8 , Chapter 5, of the Englewood Murucipal Code 1985 , to read as follows: C HAPTER 5 MOVING STRUCT iRES 8-5-1 : MOVING PERMIT REQUlRED : A. No person shall perform any of the following without first having secured a moving permit from the City : B. l . Move or raise any structure from its foundation . 2. Move any structure to a site within the City. 3 . Move any structure along or across any public street of the City . Exceptions: A moving permit shall not be required to move a construction shack as determined by the Chief Building Official , or for portable structures having a floor area of not over one hundred (100) square feet, and a width as transported of not over eight feet and six inches . -I - ' . " 4 10 b xv i I • 0 • • • ~ ,,-. • ,.,., ... ·~ • -., 8-5-2: APPLICATION, FEES AND TERM : A. The form for an application for a mover's permit sh all be furnished by the City and shall contain the following information: 1. Name. address and telephone numbe r of the a pplica nt . 2. Address of present location of structure. 3. Address of proposed location to which the structure is to be moved . 4. Date and time of proposed movement of structure . 5 . Proposed route to be used in movement of structure . 6 . Description and size of the truck and other eqwpm e nt proposed to be used in the movement of the s tructure . B. A moving permit fee for a structure to be moved to a site within the City shall be fifty dollars ($50.00) and for s tructures to mov ed through or out of the City shall be twenty five dollars ($25.00). C. All moving permits shall expire sixty (60) days after date of issuance. 8-5-3: PERFORMANCE BO ND REQUIREMENTS: A. Structure Mover. A performance and completion bond of at least one thousand dollars ($1 ,000.00), or other insurance bond acceptable to the Chief Building Official . together with proof thereon , in wntmg. by the msuring company, shall be posted by the structure mover pnor to issuance of the movmg permit. Said bond shall be in an amount determined by the Chi ef Building Official based on the estimated coat of relocating the structure from the existmg s ite to the new site and cleaning, filling and leveling the site from which the structure was moved . B. Owner. A performance and comp letion bond of at leas t five thousand dollars ($5 ,000.00), or other insurance bond a cceptable to the Cluef Building Official together with proof thereon, in writing, by the insurmg co mpany, shall be po ted by the owner of the site to which the s tructure 1s move d pnor to issuance of a permit for necessary construction. The bond s hall insure the co mpl etion of the necessary construction and installations required to bring the mov e d structure mto compliance with the applicable Ci t y codes . Said bond s hall be increased above the minimum five thousand dollars ($5 ,000.00) ,I the Chief Building Official determines that the anticipated costs of the necessary construction , as above set out. will e xceed five thousand dollars ($5,000.00). In s uch case. a bond in an a mount at lea st e qual to the sum of the anticipated costs shall be required . 8-5-4: CASH DEPOSIT: A cash deposit in the amount of -~ hundred dollars (~ 200. 00) s hall be posted by the structure mover prior to issuance of any moving permit and shall be -2- • •. . A I • 0 • • • .. .,-. • •,. ... • - refunded after thirty (30) days 1f ther e has bee n no damage to public property as a result of the moving of the structure. Said deposit may be used to rep air damages to public property in the event the s tructure mover does n ot r epair the damages within thirty (30) d ays of written notice by the Chief Buildi ng Official. 8-5-5 : INSPE CTIONS REQ UIRED : All structures proposed to be m oved into the City s hall be in s pect ed by the Division of Building and Safety prior to issuance of a n y p e rmit. 8-5-6: GENERAL REG ULATIO NS: 8-5-6-1 : STRUCT U RES LO CA TED 1:--1 THE C ITY : A. All s tructures moved within or into the City s h a ll co mply with a ll provision s of the U niform Building Code for n ew structures a nd all re quire d moving permits s hall be obtained prior to a n y work being pe rformed. B . No s tructure s hall be moved onto a s ite within the City until the n ecessary foundation therefor has been completed , in spected a nd ap proved. C. If the s tructure is proposed to be located on a s ite within the City , a ll plans and documents necessary to verify compliance with the City's con s truction codes and other ordinances shall be provi d e d as requested by the C ity . 8-5-6-2: STRUCTURES IN COMMERCIAL DISTRI CTS AND FO UR OR MORE DWELLING UNITS: A . No permit for moving a structure into a co mme rcially zo ned distri ct of t he City , or for moving a s tructure h avi n g four (-l ) or m or e dwelling uru ts to a 1te within the City , shall be issued unttl a n app lica tion a nd plans therefor have been s ubmitted to and approved by the C ity Pla nrung a nd Zoning Commission. B . Twe nty -five (25) copies of the aforementioned a pplication a nd plans s h a ll be s ubmitted to the City. The City staff s hall r efe r co p ies of the a pplica tion a nd plans to all other appropriate agencies and s h a ll trans m it a r e p ort to t h e Planning Commission based on the information s ubmit t e d . C . D. The City Planning a nd Zoning Co mmiss ion s hall h old a public heanng to co n s ider the a pplication. Notice of s uch h earing s h a ll be given by posting t h e property and by written notice in an official n e w s p a p e r no t less t h a n fifteen (1 5) days prior to s aid hearing . Prior to approving the application. the Commission s hall verify that the proposed development will not be detrimental to the ne ighborhood by reason of traffic congestion, restriction of light and air . or unusual characte ristics of the propos al. E . The City Planning and Zoning Co mm1 ss1on may di sapprove the application if the proposed s tructure is out of character with the s tructure(s) in the block or facing block of the proposed s ite by re ason of bulk, height. siting -3- • . ' ) I • 0 J • • • ~ -· • I• •,, .. • • characteristics or design so as to cause s uch structure to be s ubstantially inconsistent with the character of the surrounding neighborhood or t o ca use a substantial depreciation in property values in the immediate neighborhood . 8-5 -6-3 : STRUCT U RE MOVED TO ANOTHER J U RISDICTION : If a structure 1s propos ed to be moved from a s ite in Englewood t o a 1te in a nr.t her jurisdiction. t he City shall give written notice to the appropnate offi cial in the jurisdiction exercising control over the site to which the structure 1s to be m ove d . Such notice s hall be gwen as soon as possible after the pe rmit 1s iss ue d t o in s ure that the timing of the move can be coordinated between the tw o (2) JUr1 sd1 ct 10 ns. 8-5-7 : PREPARATION FOR MOVING A STRU CT U RE : A. In pre para tion for moving a struct ure . the a ppli ca nt hall ca use : l. The o penings in the vacated structure t o be p rot ecte d wi t h u1t ::ib le co ve nngs to prevent unauthonzed entry o r va ndali s m 2. The power to all service lines to be s hut off ::i nd all s uch lines t o be disconnected outside of the prop e rty line s. 3 . The disconnection and capping of all ga s , water , s t eam . sewe r a nd other service lines as directed by the utility co mpany pr oviding t he service. 4 . Advance notification of all utility co mparue proVJding se ~,ce t o the s ite and their approval prior to utility d1 connect10n . 5 . The payment of all utility capping, se rVJce and di sconnectio n cos t s . B . No structure shall be raised from its foundation in preparation for mov ing earlier than forty-eight (48) hours from the approved time of moVJng . The City may , upon show of due cause by the s tructure mover . iss ue written approval for an extension of the above time . 8-5-8 : SITE MAINTENANCE , PROHIBITED CO D!TlONS : A. The s tructure mover s hall clean or cause the cleaning of the site from whi ch the structure was taken by removing all d e bris, ma t e rial or equipment. Further, said mover s hall fill all hole s a nd irregula rltles of the s ite within forty-eight (48) hours after the removal of the structure . Such s ite cle a ning shall be to the s atisfaction of the City . B. Strippin g, salvaging and/or sales of parts or materials of a structure 1s prohibited on the premises, or any adjacent premises. from wruch the structure 1s to be moved or to which the structure is to be moved . 8-5-9: TIME OF MOVEMENT: The time of movement of a structure shall be approved by the City, and if the structure is to be moved over a State highway , gr thorough another iunsdict10n the time of such move shall be coordinated with the State and/or the affected rnnsdictjon._ the time ef 11t1eh me, e shaU be ee1mhn11teel .. ith the State 9epartment ef Tr11nspertatien . The structure moving permit s hall -4- • ' .. ~ .. I • 0 • ..,.. . • • - become null a nd void unless the mo,·e 1s co mpl eted w1thm th e s pecified ume approved on t he pe rmit; provi d ed . howeve r , that the City may exte nd t he time penod of t h e mov e for forty-eight (.!8) hours a ft er co ns ulting with the appropriate age ncies when the original time fo r the move is re ndered impractica l due t o incle ment weathe r , strikes or other causes beyo nd t he co n t r o l of the structure move r . 8 -5-10 : NOTICE TO UTILITY COM PA NIES: At least three (3) d ays prior t o the proposed move . t he structure move r s hall notify a ll utility comparues maintaining poles, lines or equipme nt w1thm the public nght of way of the a pproved ro ute. 8-5-11 : ADVAN CE POSTING OF RO UTE : Wh e n 1t 1s determ ined by the City that the movement of a structure al on g a n a pproved r o ute wo ul d be im peded by ,·e h1 cl es parked within the public right of wa y, th e City shall pe rm it the s tructur e mover to !tfteH pos t "No P a rk.mg·· sign s a long such ri ghts of way a t least fo rr y-e1ght (48) hours prior to the moving of the structure . All cos t s of postmg t he nghts-of-wa,· a re t he structure move r ·s r esponsibility . All sign s mu st be turned awa ,· fr om the street immediatelv a fte r t he structure passes t h rough t h e a ffect ed a r ea a nd t h e s ign mu st be r emoved wjthin 12 hours afte r the move , Tlte ::J trttetttre m6 ,e1 ::J hsH !:l8, t he e6st ef pestinr; as aetermme!i e, the GitJ . The Cit, s hall nettfy t he S tate 1!1r;h .. !I' Department ef the prepesea me,e en the da., the m e nnr; pernut 1s 1ss t1 ed . 8-5-12: USE OF STATE HIGHWAY. OR Ol,:T S IDE LO CAL GOVE Rl\l\lE:,../TA L M;E::-JCY ROAD PRIOR APPROVAL REQ UIRED : * If a s tructure is to be move d from a site m Englewoo d a nd t he move r pr oposes to utilize a ro ute t hat mvo)v es the use of nghts-of-wav of the S t a t e o r ot h er loca l governmental a ge n cie s the n the struct ure mo,·er s h a)l be r espo n s ible fo r ob tammg a nv movmg or over s ize or ove rw1 dth ve hi cle permltS requ ired b,· the affec ed a gencies. State hir;h .. 11, 83 p!lrt efthe rettte . the Cit., s hall ne1:1f., t he S tate H1r;h .. !I_. De partment e f the p1 epesed mB, e Bn the a!I, the me nnr; pern11t 1~ 1sst1c!I . 8-5-13: TRz\.G:FIG H:\Z.\RD PREVE:>;TIVE ME.\SURE S TRAZ\ P RT PER :'111T OPERATING REQUI REME NTS AND RESTRI CTI ONS : Th e itv ~1 ana1m or designee may impose a ny r equire ments or r estrictions o n the structure mover 1t deems necessary to protect City propertv : the health, safetv a nd welfare of its citize ns a nd the people who use its r oa d s. The cost s associated with a ddressing these requirements a nd restrictions sh a ll be bo rne bv t he structure move r . A . If, in the jttdr;ment efthe Git,, the mBi'tnfi ef!l _t1t1ettlf'e mtt~ erettte a trttltie hs11sr!i , !I pel:tee eseert, Br llther eseert, m!I, l,e retttttred tB l,e pre nded e, the strttettlf'e mi,,er !er the pttrpB se Bf1er;ttlsu"r; t1sffie BIBnr; the t Bttte 6ft h e me,e . Where stteh eseert is iettttirea. the e.cpen se shsH l,e eerne e, the sl!ttetttre me.er. The eseBrt shsll net hs,e the 8t1the11t, tB .. ai.e er .!Ir, !ln J ef the I e11:ttiremente Bf the pet mit Br !lppl:tei;il,le se etiBn s ef the Ce,de. -5- • ) I • 0 • • • ,,-·· • ..• ·.•· .. • • ' B . A A1111hing reii light 11h11ll l,e re11tttre«i st e11eh main eerner ef the strttettH"e l,eing me.ea 11n«i 11t the en«i efsl'I, prejeetiel'I the1eel'I .. hel'I the strttettH"e is Jee11te«i W itml'I II pttl,lie Fight ef .. 11, . Sectjon 2 Safety C)auses 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 obtamed. Sectjon 3 Seyerabj)jty If any clause. sentence , paragraph. or part of this Ordinance or the application thereof to any person or crrcumstances s hall for any reason be adjudged by a court of competent jur1sdict1on invalid. such judgment shall not affect. impair or invalidate the remainder of this Ordinance or it application to other persons or circumstances. Sectjon 4 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Sectjon 5 Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release . extinguish, alter, modify , or change in whole or in part any penalty , forfeiture , or liability, either civil or criminal. which shall have been incurred under such provision . and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits. proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment. decree, or order which can or may be rendered, entered, or made m such actions, suits, proceedings, or prosecutions . Sectjon 6 fenam:. 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 20th day of March. 2000 . -6- • ·~· - I . I - • • ... • / • .. • -... Published as a Bill for an Ordinance on the 24th day of March . 2000. Read by title and passed on final reading on the 3rd day of April. 2000. Published by title as Ordinance No . ~ Series of 2000, on the 7th day of April . 2000 . Thomas J . Burns. Mayor ATTEST: Loucrishia A. Ellis , City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ord.inam.-e No . ~ Series of 2000. Loucrishia A. Ellis -7- ' . , . .. ,. ' .. .. ' . ' • .. I • 0 • ----------------------------.,----------------------------______ _,_ • RESOLUTION NO. _1./I SERIES OF 2000 I• ... • • - /Oct' A RESOLUTION AUTHORIZING THE RESERVATION OF FUNDS AS REQUIRED BY THE AGREEMENT BETWEEN THE MUSEUM OF OUTDOOR ARTS (MOA) AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS . the Englewood City Council authonzed an Agreement and Sublease between MOA, Englewood Environmental Foundation (EEF) and the City by the passage of Ordinance No. 68, Series of 1999; and WHEREAS . the Englewood City Council authorized an Amendment to the Agreement and Sublease between MOA , EEF and the City by the passage of Council Bill No. 15, Series of 2000; and WHEREAS , the Taxpayers Bill of Rights (TABOR) requires the City to obtain a vote of the people or reserve funds before entering into a multi-year fiscal obligation : and WHEREAS, by the passage of tlus Resolution the reservation of funds satisfies the requirements of TABOR ; and WHEREAS, the initial reservation of funds is $500 ,000 which will be reduced over a ten year period to zero and will conunue to earn interest on the reserved funds , but these funds will not be avatlable for appropnation ; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD . COLORADO , THAT: Sectjon 1. The City Council of the City of Englewood, Colorado hereby authorizes the initial reservation of funds in the amount of $500,000 in the year 2000, as required by the City of Englewood. Colorado Agreement with the Museum of Outdoor Arts (MOA) such reserve shall be reduced each year for ten years until the reserve is zero in the year 2010 . ADOPTED AND APPROVED this 3rd of Apnl, 2000 . ATTEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 2000. Loucrishia A. Ellis • I I • 0 - • • • .. • -• .. • -.. ... COUNCIL COMMUNICATION Date Agenda Item Subject April3,2000 A reso lut ion reserv ing fund s as requ i red by the City 's agreement 10 Ci wit h the Museum of Ou tdoor Art s (MOA) Initiated By Staff Source Administrative Services Department I Fran k Grvolewicz . Direc tor COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has discussed enhancing the cultural climate in the Ci ty on numerous occas io ns . The Council has met with representatives of the Museum at past stu dy sessions , and approved an agreement and sublease with the MOA on second reading November 22 , 1999. The Counc il approved an amendment to the agreement on March 13 , 2000 . RECOMMENDED ACTION Staff recommends the City Council approve the attached resolut io n . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Taxpayers Bill of Rights (TABOR) requires the City to obta in a vote of the people or reserve funds before entering into a mu lti-year fiscal obligation . This reservat io n of funds satisf ies the requ ireme nts of TABOR. A vote of the people was not practical because of ti me constraints and the relatively small dollar amount of the reserve . The City of Englewood will contin ue to earn interest on the reserv ed funds . but the funds will not be available for appropriation . FINANCIAL IMPACT The initial reservation of funds is $500 ,000. The reservation will be reduced over ten years to zero per the attached schedule . LIST OF ATTACHMENTS Proposed resolution ' , . .. I· 0 • ,. ' • - 0 Schedule of City Reserve fot l\tOA o,ntratt bar Annual l!a)'.m~ot Default Payment• % NQt Am1utized Reserv~ R~guitement 2000 $96,000 NIA 100% S 500,000 2001 $96,000 $ 500,000 -S 12,000 X 90% $439,200 2002 $96,000 $ 500,000 -S 24,000 X 80% $380,800 2003 $96,000 $ 500,000 -$ 36,GOJ X 70% $324,800 2004 $96,000 $ 500,000 -$ 48 ,000 X 60% $271,200 200S S 96,000 S S00,000 -S 60,000 X SO% $220,000 2006 $96,000 $ S00,000 -S 72,000 X 40% $171,200 2007 $96,000 $ 500,000 -$ 84 ,000 X 30% $ 124,800 2008 S 96,000 S S00,000 -S 96,000 X 20% S 80,800 2009 S 96,000 S S00,000-$108,000 X 10% $ 39,200 2010 $96,000 S S00,000-$120,000 X O"/o $ 0 • Aaumes actual capital expenditures by MOA are the maximum SS00,000 . 0 • f • • RESOLUTION NO .-· 1 SERIES OF 2000 l:' ,. -·· • • - /Ot,i' A RESOLUTION APPROPRIATING F U NDS FROM THE 2000 BUDGET FOR THE CONSTRUCTION OF THE SOUTH BROADWAY WIDENI NG PROJECT. WHEREAS. the Englewood City Council approved the City of Englewood's 2000 Budget on November 15 , 1999 ; and WHEREAS, the City Council made improving South Broadway a n ongomg priority and has provided funds for the South Broadway Widening Project since 1996 ; a nd WHEREAS , in 1996 the City applied for !STEA funds to widen a nd improve Broa dw ay from Yale Avenue to Hampden; and WHEREAS, the City Council passed a motion awarding the bid to Co ncrete Work s of Colorado in March, 2000 ; and WHEREAS, the passage of this Resolution will appropriate additional funds nece s sary for the construction of the South Broadway Widening Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Sectjon 1. The City of Englewood 2000 Budget is hereby amended a s follows : GENERAL FUND: Soua;e ofFunds : U nreserved/Undesignated Fund Balance Use of Fund&· Transfers Out to PIF PUBLIC IMPROVEMENT FUND: Source of Funds : Transfer in from General Fund Transportation Improvements South Broadway Action Plan COOT Abandonment Federal/State Participation Total Sources of Funds lJse of Funds · South Broadway Widening Project $106 ,653 $106.65 3 $ 106,65 3 $ 60,000 $ 220 ,000 $ 130,000 $3 350 000 $3 ,866 ,653 $3 ,866 ,653 .. I • 0 - • • • ,~~.·,. .. • - Section 2. The City Manager and the Director of Financial Services are hereby authorized to make the above changes to the 2000 Budget of the City of Englewood . ADOPTED AND APPROVED this 3rd of April , 2000. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A . Ellis . City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No .~ Series of 2000 . Loucrishia A. Ellis ' . ., .. ) I • 0 3 X • • -. • • -' COUNCIL COMMUNICATION Date Agenda Item Subject April3 ,2000 Resolution appropriat ing and transferring funds f rom the General Fund to the Pub lic 10 C ii Improvement Fund (PIF) for the South Broadway Wide ning Project Initiated By Staff Source Administrative Services Department I Frank Grvqlewicz , Di rector COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made improving South Broadway an ongoing priori ty. The C ity of Englewood provided funds for the South Broadway Widening Project since 1996. Council passed a mot ion awarding the bid to Concrete Works of Colorado at the meeting he ld March 20 , 2000 . RECOMMENDED ACTION Staff recommends the City Council approve th is resolution for a su pp lemental appropriation and transfer from the General Fund to the Public Improvement Fun d . BACKGROUND, ANALYSIS , AND ALTERNATIVES IDENTIFIED In 1996 the City applied for ISTEA funds to widen and improve the Broadway from Yale Avenue to Hampden . At that time the estimated cost of the improvement s was 53,7 29,767 . To date , the City has spent $457,430 on design work , and an additional $356 ,72 4 will be spent for construction engineering and testing . The original cons truction budget was 52 ,70 7 ,050 . The apparent low bidder was Concrete Works of Colorado at $2 ,9 83 ,6 14 .96. Th is bid ind icates that higher energy costs and the tight construction market in the Den ve r-M etro area has pushed pri ce s much higher than estimated . To ensure the City of Englewood reta ins the funds from the Sta te of Col orado and th e fede ral government , it will require the City to increase its share of the funding by S 106 ,653 . • ' .. ) I . 0 - • • • • ·~ • - The sources and uses of funds are as follows: GENERAL FUND: Source of Funds: Unreserved/Undesignate Fund Balance Use of Funds: Transfers Out to PIF PUBLIC IMPROVEMENT FUND: Source of Funds: Transfer in from General Fund Transportation Improvements South Broadway Action Plan COOT Abandonment FederaVState Participation Total Sources of Funds Use of Fund•: South Broadway Widening Project FINANCIAL IFACT $106,653 $106,653 $106,653 $60,000 $220,000 $130,000 $3,350,000 $3,866,653 $3,866,653 .. 0 The unreserved/undesignated funds in the City 's General Fund will be reduced by $106,653 and the PIF will increase by the same amount, but will be expended as the project progresses. LIST OF ATTACHMENTS Proposed resolution .. I . 0 32 • • • ORDINANCE NO ._ SERIES OF 2000 •,. --• • -' I Io..-,· BY AUTHORITY ABILLFOR COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTION 19 AND CHAPTER 8. SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO THE ENGLEWOOD SIGN CODE . WHEREAS, the passage of this Ordinance will amend the Sign Code allowing for historical or creative exceptions to signs with enhance redevelopment in the South Broadway corridor; and WHEREAS , the current Municipal Code contains time limitations for the City to process permits; and WHEREAS , the new administrative process for special review by the City Manager us ing experts in the area is new ; and WHEREAS , the City Manager is developing a policy to process special review signs in the same timely manner as all signs are approved ; and WHEREAS, the City Council is strongly in favor of those signs currently in place and wishes to keep those signs which are advantageous and does not wish to take those signs; and WHEREAS, the Englewood Planning and Zoning Commission recommended approval of the adoption of this Ordinance at the January 18 , 2000 meeting ; and WHEREAS , the Englewood Election Commission recommended approval of the amendment to the Election Sign Section of this Ordinance a t their March 23 . 2000 meeting ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COU NC IL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section l. The City Council of the City of Englewood , Colorado h e r e by am e nds Title 16, Chapter 4 , Section 19 , of the Englewood Municipal Code 1985, to read as follow s: 16-4-19: SIGN CODE : 16-4-19-1: GENERAL STATEMENT OF PURPOSE : The City Planning and Zoning Commission and City Council recognize that signs a re a necessary means of visual communication for the convenience of the public, and that it is the right of those concerned to identify their businesses. services or other activities by the use of signs. However, the Commission and Co uncil are also aware that citizens of Englewood are concerned about adopting and enforcing sound environmental practices, including the strict control of signs. and limiting signs to those which are accessory and incidental to the use on the premises where such signs are located. The Commjssjon and Council also understand • ---------- .. • I ) I • 0 - - • • • - ,,-· • ... • • that the economic health of specialized areas of the City such as the South Broadway commercial corridor may be enhanced by permitting different sizes and types of signage than those permitted elsewhere in the City. It is to this end that the following goals are set forth and the regulations in this Section are deemed necessary . A. To protect the public from hazardous conditions that result from si gns which are structurally unsafe , obscure the vision of motorists, and/or compete or conflict with necessary traffic signals or other traffic regulatory devices. 8. To encourage signs which are well-designed . legible. constructed ofhjgh quality durable materials appropriate to an urban setting; and appropriate to the uses permitted as well as compatible with their surroundings and with the buildings to which they pertain. C. To provide a reasonable balance between the right of the individual to identify his business and the right of the public to be protected against the visual discord resulting from the unrestricted proliferation of signs and similar devices. D . To permit and encourage distinctive simage along the South Broadway co rridor . G ~-To require that signs which advertise or identify a use or a bus iness no longer in operation be removed within a reasonable time. ~ f . To reqwre that signs which do not comply with the requirements of tlus Ordinance be terminated within a reasonable period of time . 16-4-19-2: SCOPE AND APPLICATION OF THIS SECTION: These regulations shall govern and control the display, construction, erection. alteration, remodeling, enlarging, moving or maintenance of all signs permitted within all zone dis tricts established by this Zoning Ordinance and any amendments thereto. This Sign Code shall be administered by the City which shall have the powers and duties set forth and those necessarily implied to administer and enforce this Code ; the City may issue appropriate procedures and forms . U pon application to and issuance by the City of a permit therefor. a sign may be erected . altered and maintained only for a permitted use in the district in which the signs are located ; signs shall be located on the same lot as the permitted use unless otherwise provided; however, no sign of any type shall be erected or maintained for or by a single- famtly , two-family or three-family residential use, except home occupation signs and certain signs for which no permit 1s required . Nothing herein contained shall be deemed a waiver of the provisions of any other ordinance or regulation applicable to signs. Signs located in areas governed by several ordinances and/or applicable regulations shall comply with all such ordinances and regulations . If there is a conflict between the regulations in this Section and any other ordinance or regulations . the more stringent regulations shall apply . 2 • ) I • 0 • • --. • ... • - 16-4-19-3: PERMITS: A. Permit Required. It shall be unlawful to display, erect, construct. relocate or alter (except for copy changes) any sign without first filing with the City an application in writing, paying applicable fees , and obtaining a sign permit, except as provide,: m Section 16-4-19-5 and Section 16--1-19-7 of this Ordinance. If a sign has been displayed , erected, constructed. relocated or altered without such permit or not m accordance with the terms of such permit, the sign must be removed within five (5) calendar days of official notice. When a sign permit has been issued by the City. it shall be unlawful t o cha n ge. modify , alter or otherwise deviate from the terms or conditions of said permit without prior approval of the City . A written record of such approval shall be entered upon the original permit application and maintained in the files of t he City. B. Application for Permit. Application for a sign permit shall be made by the ow ner or tenants of the property on which the sign is to be located, lus authorized agent. or a sign contractor licensed by the City of Englewood. Such applications s hall be made m writing on forms furnished by the City, and shall be signed by the applicant. 1 . In the case of any sign for which special review by the City Manager or designee js not requested, the City shall. within five (5) working days of the date of the application, either approve or deny the application or refer the application back to the applicant in any instance where insufficient information has been furnished . If the City finds that work under any permit issued is not in accordance with the information supplied in the permit application and/or is in violation of this or any other pertinent ordinance; or should it be found that there has been any misrepresentation in connection with the application for the permit, (i ncluding a non- sufficient funds check); the sign owner or lessee or erector shall be notified of s uch findings and that the violation must be corrected witlun five (5) working days of notice . If such correction is not made, the permit shall be revoked and written nou ce thereof shall be served upon the sign owner or erector. No person shall proceed ·1th any part of such work after such notice is received . The owner or lessee of the , .;-n or the owner of the property on which the sign 1s located shall have the right to a wpeal the decision of the City in the manner provid ed for in s ubsection 16-2-SA ofth1 · Ordinance . If actual work either on or off-site is n ot co mmenced under any sign permit issued within 11eie, (Gil) one-hundred eighty (180) days from the date of such permit. the permit shall automatically become null and void. Dela ys which are not a result of willful acts or neglect of the contractor. owner or person obtaining the permit may be excused and the City may grant an exte nsion of time in which to start or re s um e operations. All requests for extensions and approval thereof s hall be in writing . When any permit has been revoked under the terms of this Section. permit fees s hall not be refunded . C. Plans, Specifications and Other Data Requested . The application for a s ign permit issued by the City shall be accompanied by the following plans and other 3 • ) I • 0 ·] • • -• • • -.. information: The name, a ddress and telep h one number of t he owner or person s entitled to po ssession of the sign and of the sign contracto r or erector : the location by street address of the proposed si gn structure; co mplete information as r e quired on a pplication forms provided by the City , including a s ite plan a nd e levation drawings of the proposed sign drawn to sca le , caption of the proposed sign a nd s uch othe r data as is pertinent to the a pplication : plans indicating t he sco pe a nd structural detail of the work to be done , including details of all co nnectio n s. guy lines , s uppor ts a nd footings , a nd materials to be used : a pplication for a n electrical permit for all electrical signs. and the required information for such a pplication : a nd a statem ent of value or cost of the sign. In addition where s pecia l review bv t he City Manager or des1gnee has been requested applications s ha ll i nclude scale drawings of building elevations with proposed signage color and material sampl es of materials to be used jn the proposed signage and any other matenals that the Citv Manager of desjgnee may require in writing which are ne cessa rv to eva luate the qualitv a nd character of the proposed signage as it relates to the design r eview cr iteria for s uch signs. The flhe. e permit flppttefltien flnti infermflt1en .. 1H ee referrefi te the fer l!p!"re, fll .. here neeessl!1). D. Permit F ees. A permit fee s ha ll be paid to t he City for each sign perm it issued under this Sec tion. The permit fee s hall be in accordance with the fee schedule established annually by re solution of the City Co uncil. E . Identification and Marking of El ectrical Signs. Each electrical sign he re after e rected or remodeled shall bear thereon a clearly legible identification plate not exceeding fifteen (15) square inches in area . stating the name of the person, firm or co rpor ation responsible for its co nstruction and erection, with installation date a nd permit number, and shall be marked with input amperes a t full load input. F . Li censing and In sura nce Requirements. Any person, firm . or co rporation e ng aged in the business of installing , erectmg. mo vi ng or maintaining signs i n the City of Englewood shall be duly li ce nsed by the City . A person who has applied for a sign permit and is not eng aged in the sign erecting busi ness may be allowed t o install. erect, move, or ma inta in h is ow n ign upo n demonstration to the City that h e possesses s uffi cie nt knowledge and s kill and is appropriately ins ured for public protection. Upo n uch demonstration , the City may issue a nonre n ewa bl e sign contractor's license . Suc h !J ce nse w1ll be va lid only for the installa tion , e rection or moving of s igns as specified on the pe rmit. Within a residential zone district, the hom eo wne r may app ly for a nonrenewable s ign contractor's li ce n se fo r u se o n hi s own property . For such a lice nse, the license fee will be waived . Befo r e a ny permit is issued fo r a si gn which may r eq uire a ny work ove r public property , the er ecto r s h a ll furni sh to the City a ce rtifi cate of insuranc e from a firm with co rpora te sure t y, a nd a uthorized to do business in the Stat e of Co lorado, for public Liability a nd property dam age in a mounts established by t he City of not le ss than the following a nd cove r i ng the Liab ility of the sign e r ector with re s pect to a ll work performed by him or hi s a gents or empl oyees: For death or injury to a ny one person .......................... $100,000.00 Total liability in any one accident ................................. 300,000.00 Property dam age ............................................................. 50 ,000 .00 4 • . , I • 0 - • • • • I• •,' • - 16-4-19-4: P~RMIT INCENTIVE FOR GROUP SIGNS: IN AREAS OUTSIDE THE SOUTH BROADWAY SIGN AREA, p ersons submitting a pla n for all signage which is de signed as an integral part of a new or existing developme nt occ upying no less than twenty-four thousand (24 ,000) square feet of lot a rea, may be granted a twenty-five percent (25 %) increase in number of signs or maximum s quare foot area subject to the approval of the City. 16-4-19-5: SIGNS NOT SUBJECT TO PERMITS : The following signs displayed for noncommercial purposes, may be er ected a nd ma m ta m ed in all zone districts without a permit. Such signs shall be in addition t o a ll other sign s permitted in any zone district, providing such signs do not require direct electrical wtrmg . and conform to setbacks and other physical characteristic requirements of the designated zone districts. Even though permits are not required for the following signs . wall igns shall be located only in the signable area , and window s igns shall be counted toward the tw e nty- five percent (25%) maximum coverage. This restriction shall not a ppl y to holid ay decorations , or to s hort-term advertising as provided in subsection 16 -4-19-lOEG. No permit shall be required to carry out maintenance t o a co nforming sign if no structural changes are made . A . Bulletin Boards. Bulletin boards for public, charitable or religious institutions. which are not over twelve (12) square feet in area , and which a re located on the premises of said institutions. B. Election Signs. Election signs shall not be posted more than forty-five (45) calenda r days prior to the election to which the sign relates. and shall be removed withm fifteen (15) calendar days following the election to which the sign relates. Such signs are Jiuuted to wall , window and ground signs , and shall not be a banner of paper or cloth . Each Election sjgn shall not exceed twelve (12) square feet of total sign a r ea . In re8iliential 1!efte aiatriets . there shall he ne mere than tn e (2) eleetien signs per eaeh let, the, 8haH net e11eeeli t"'ehe (12) s11t111re feet ef tetal sir;n 1ue11. 11nli shall l,e ne mere than si11 feet (6') in height 111,e,e r;ralie . In eemmerei11l 11nli inlit1stri11l l'!ene liietriet8 , there shaH he ne mere than w. e (ii!) per eaeh street frent11r;e . the, sh11H net e11eeeli t .. ent) fetlf (24) s11t1are feet ef tet11I sign 11re11 . C . Flags. Fl11gs ef natiene er 11n ergan!l!lltien t:1f netiens, states 11nli eities . Not exceeding thirty-five square feet 135') maximum m a r ea . D . E . Holiday Decorations. Signs lll the nature of decorations , clearly incidental and commonly associated with any national. local or r eligious holiday; provided that such signs shall be displayed for a penod of not more than sixty (60) consecutive ca lendar days . Such signs may be of any type, number, area . height, location. illuminat1o n , or animation, and shall be located so as not to conflict with traffic regulatory d evices and are not subject to the maximum window coverage of twenty-five percent (25 %). Ideological Signs. Ideological signs not more than twelve (12 ) square feet in tota l s ign area. Such signs are limited to not more than two (2) per lot . 5 ) I • 0 • • • ~ ,,.-· • . , • -' F . Illuminated Buildings. Providing no signs. symbols, letters, figures , etc., identifying a name . service . or product, occur on the building or the part of the building which is illuminated. G . Memorial Signs. Memorial signs or tablets. giving the name of building and date of erection, when cut into any masonry surface or inlaid so as to be part of the building. H . Private Parking or Traffic Direction Signs. Signs giving parking or traffic directions or restnctions which do not require direct electrical wiring, provided that such signs are limited to: Wall and ground signs, not more than two (2) signs per curb cut on the lot and not more than six (6) square feet per face in area , and not more than six feet (6 ') in height above grade. Not more than one directional sign may be displayed at each curb cut. Such signs may be illuminated from a concealed light source which doe s not flash . blink or fluctuate , and shall not be animated. I. Public Signs. Signs required or specifically authorized for a public purpose . J . Signs Within Buildings. Signs within buildings that are not V1s1ble from the public right-of-way or are more than twelve inches (12") from the interior s id e of a window. K. Scoreboards. Scoreboards located on athletic fields . L . Symbols . Symbols or crests of national, state. religious, fraternal. profess iona l and civic organizations. M . Vehicle Consumer Information. Signs on cars, trucks. or other vehicle s displayed m commercial lots which give information as to price, emissions or mileage as required by state or federal law of such vehicles. These signs are limited to twenty-five percent (25 %) coverage of window area . N. Works of Art. Works of art which in no way identify a product. 0. Contractor Signs. A sign not more than twelve (12) square feet per face m area and not more than twenty-four (24) sq uare feet in total sign area , which names the contractors or sponsors engaged in construction on the property where the sign is located. P . Real Estate Signs. Signs which advertise the sale, rental or lease of the premise s upon which said signs are located shall comply with the following standards . 1. 2 . Residential uses and any use in the R-1-A . R-l·B, R-1-C, R-2 and R-2-C Zone Districts shall be permitted one sign of not more than six (6) square feet per face in area. Such signs shall not extend or project over any property line . Commercial. office , and industrial uses in the R-3 , R-4 , B-1 , B-2 , I-1 and I-2 Zone Districts shall be permitted two (2) signs of not more than thirty-two (32) square feet per face in area if the street frontage is more than one hundred feet (100'). or twenty-four (24) square feet if the street frontage is one hundred feet (100') or less. Such signs shall not extend or project over any property line . 6 • ' ~ I • 0 ]- • • • ', .. ,. --. • • - . . Q. South Broadway District identification banners. City owned and maintained banners affixed to street lights in the South Broadway right-of-wav fo r the purp ose of delineating the various South Broadwav action plan Districts . 16-4-19-6: SIGNS SUBJECT TO TEMPORARY PERMIT: The following signs may be displayed in the designated zone district under t h e co nditions described, upon granting a temporary permit. A . Special Event Signs. In residential zone districts. s pecia l event s igns a re permitted in addition to all other signs allowed for a permitted use . Such sign s s hall be lim ited to one wall or one ground sign , s ubject to limitations described in this Section and in subsection 16-4-19-BA: no more than twel\'e feet (12') in h eight. a nd s hall n ot e xceed twelve (12) square feet in area, and s hall not be displayed for mor e than tlurty (30) calendar days . In co mmercial and industrial zone districts , one special event s ign may be permitted in addition to all other sign s. Such sign shall be limited to wall. wmdow or ground signs, subject to limitations described in s ubsection 16-4-19-lOCl, 5 and 6 . Such sign shall not be more than twenty-four (24) sq uare feet in area and shall not be displayed for more than thirty (3 0) calendar days . 8 . Street Banners. Banners across public thoroughfares announcing e vents sponsored by the City, Englewood School District, Arapahoe County. or charitable organizations may be authorized by temporary permit by the City. Such street banne r s s h a ll be installed, removed and maintained by the s ponsor; and the sponsoring agency s h all provide evidence of insurance in an amount sufficient to r elieve t he City a nd the owner of the utility poles to which the banners are attached from lia bility. 16-4-19-7: SIGNS PROHIB1T~9 IN M.b ZONE DISTRICTS PROHIBITED SIGNS: A . The followmg signs are prohibited m all zone districts and a r e declared a nw sance by the City: A 1, Any ground sign within a triangular area of tlurty feet (30') alo ng two (2) B. C. ~. ~. l s ides of an mtersect1on of c urbs of two (2) streets, a railroad right-of-way and a street, a driveway and a s treet, or an a lley and a street, which does not h ave a clear area of seven feet (7') between the grade level and the bottom of the sign unless approved by the City Traffic Engineer. ld\lmate!I. 8irns e .ieept l,arl,er peles. Banners, except as provided in subsections 16-4-19-5(Q) (South Broadwav identification banners) 16-4-19-Gffi) {Street Banne r s), a nd 16--1-19 -1 O(E)(6 ) <Short Term Advertisjng Signs} as well as pennants, valances a nd wind sign s. Billboards including without limitation any billboards on land transferred to the City by the State of Colorado or any of its agencies . 7 • ., I • 0 • • -• -• ,. •, I .. • • •, E. Flashing er eli:ftfflftg lightl! er 11irna , e.1eept fer M:e1 el,earss ans time ans temperatlt!'e se ,tees . ~-f Portable signs . G . ~-Outdoor display of merchandise on public right-of-way . H. Reef sigi,11 . l . §. Search lights . ~. J. Signs painted on fences . K. ~-Third-party signs . k . l Wheeled advertising devices. except for permanent signs on licensed vehicles . l.Q. Balloons and other inflatable drnce§. u . Flags exceeding thirty-five square feet (35 "}maxjmum in area . 1.2. Any sign that imitates or resembles an official traffic control device or simal or which attempts to direct the movement of traffic or which hides from view or interferes with the effectiveness of any official traffic control deYJce or signal. ~-The following signs are prohibited in all areas except in the South Broadway sign llieJI: !· Animated signs except barber poles . ~-Flashing or blinking lights or signs, except for scoreboards and time and temperature devices. Roof signs and integral roof signs . 4 . Wall murals . 8 • . ' I • 0 - • • • ...-. • I •, • - ... 16-4-19-8: SIGNS PERMITTED IN R-1-A, R-1-B. R-1-C. R-2 AND R-2-C ZONE DISTRICTS: Signs which meet the following criteria may be con structed. di s playe d and maintained in the residential Zone Districts R -1-A . R -1-B. R -1-C. R-2 a nd R-2 -C in a ddition to those permitted in Section 16-4-19-5 and s ubsection 16-4-19-BE 1. A. Permitted Maximum Number. 1. One-Family, Two-Family, Three-Family and Four-Family Residenti a l Uses. For the permitted uses. no signs except as specified in Section 16--1-19-5 a nd subsection 16-4-19-BEl. 2 . Religious Institution s , Educational Institut10n s , Public Fac1lit1e s , Hosp n.als . Clirucs and Professional Offices. For the permitted uses. three (3) sign s. 3 . Other Lawful Non-Residential Uses. For t h e permitted u ses, two (2) s ign s . B . Permitted Maximum Sign Area. 1. One-Family, Two-Family , Three-F a mily and Four-Family Residential ses. 2 . For the permitted uses . one sq u a re foot, as provi d ed in s ub section 16-4-19-9El. Religious Institutions, Educational Institutions and Public Facilities. For the permitted uses. eighty (80) s quare feet or as calculated in the table herein: STREET FRONTAGE 1 foot to 100 fe et 101 feet+ SIGN ARENFOOT OF STREET FRONT 1.5 s q . ft.fl foot 1.0 s q . ft.II foot No single sign face s hall exceed on e hundred (JOO) s quare feet. 3. Other Lawful Non-Residential Uses. For the permitted u ses, twenty (20) s quare feet total with no single sign face to e xceed te n (10) s qua r e feet . C. Permitted Sign Types . 1. 2. Ground Signs. Ground s igns a re permitted onl y fo r r eligiou s and e ducat10n a l institutions and public buildings . Such sign s s hall be no more tha n fifteen feet {15 ') in height and shall be set back ten feet (10') from t he property line a nd are subject to the limitations described in s ubsection 16-4-19-7A. Marquees, Canopy or Awning Signs. All signs s hall be parallel to the face of the marquee. canopy or awning upon which s uch signs are di s pla yed a nd s h all not project above or below the face of the marquee , canopy or a wning, a nd shall only identify the business by name and/or address. 9 ) I • 0 • • • ---• .. ,j .. ... • -.. 3 . Wall Signs. Wall signs shall not project more than twelve inches (12") from the face of the building to which it is attached and shall not extend above the roof line of the parapet wall. 4 . Window Signs. Window signs shall not occupy more than twenty-five percent (25 %) of the window in which they are displayed and s hall not be displayed in windows above the first floor level. D. Permitted Illumination. All signs described above except home occupation signs may be illuminated. but only from a concealed light source . Signs s hall not remain illuminated between the hours of eleven (11:00) P.M . a nd seven (7: 00) A.M., except signs permitted for medical services and public services such as police and fire , which are provided on a twenty-four (24) hour basis. E . Signs Additionally Allowed . 1. Home Occupation Sign. Home occupation sign not more than one quare foo t m area , which is affixed to the building , and which is unlighted a nd unarum a ted . 16-4-19-9: SIGNS PERMITTED IN R-3 AND R-4 ZONE DISTRICTS : Signs which meet the following criteria may be co nstructed, displayed and maintained m the R-3 and R-4 Residential Zone Districts in addition to those permitted in Section 16-4-19-5 and subsection 16-4-19-9E. A. Permitted Maximum Number. 1. One-Family, Two-Family, Three-Family and Four-Family Res1dent1al Uses. For the permitted uses , no signs except as specified in Section 16-4-19-5 and subsection 16-4-19-9El. 2 . Multi-Family Residential Uses of Five or More Units. For the permitted u s es. one sign per street front . 3 . Religious Institutions, Educational Institutions, Public Facilities, Hospitals . Clinics, and Professional Offices. For the permitted uses, three (3) sign s . 4 . Other Lawful Non-Residential Uses. For the permitted u ses, two (2) sign s . B . Permitted Maximum Sign Area . 1. 2. 3. One-Family, Two-Family, Three-Family and Four-Family Residential Uses. For the permitted uses, one square foot , as provided in subsection 16-4-19-9El. Multi-Family Residential Uses of Five or More U nits . For the permitted uses , no single sign face to exceed thirty-two (32) square feet . Religious Institutions, Educational Institutions, Public Facilities, Hospitals , Clinics, and Professional Offices. For the permitted uses , eighty (80) square feet or as calculated in the table herein: 10 • ' 0 I • 0 ·] • • • ,, ~ •. I STREET FRONTAGE 1 foot to 100 feet 101 feet+ • • - S IG~ AREA/FOOT OF STREET FRONT 1.5 s q . f ./1 foo t 1.0 s q . ft .I I foot .. No s ingle sign face s hall exceed one hundred (100) sq ua r e fe et e xce pt as provided in subsection 16-4-19-9E2. 4. Other Lawful Non-Residential Uses. F or the permitted uses. t we nty (20) square feet total with no s ingle sign face to exceed ten (10) s quare feet . C. Permitted Sign Types. 1. Ground Signs . Ground signs are permitted onl y for religious and education al institutions, public buildings, ho s pitals , clinics , professional offices , or forty 2 . ( 40) or more residential units . Such signs s hall be no more than fifteen feet (15') in height and shall be set back ten feet (IO ') from the property lin e a nd are s ubject to the limitations de scribed in s ubsection 16-4-19-7A. Marquees, Canopy or Awning Signs. All signs shall be parallel t o t he fa ce of the marquee, canopy or awning upon which such s igns a r e di s played a nd s h all not project above or below the face of the marquee , canop y or a wrung, a nd shall only identify the business by n a me a nd/or address. 3. Wall Signs. Wall signs s hall be no greater than twenty feet (20') in height, and shall not project more than twelve inches (12") from the face of the building to which 1t is attached and s hall not extend a bove the roof line of the parapet wall . 4 . Window Signs. Window signs shall not occupy more than t wenty-five perce n t (25%) of t he window in which they are dis played and s hall not be displaye d in window s a bove the first flo or level. D. Permitted Illummauon. All sign s described above except home occ up a t10n sign s may be illuminated, but only from a co ncea led light sour ce . Signs s hall not r emain illuminated between the hours of e leven (11: 00) P .M . a nd seve n (7:00) A.M., except signs permitted for medical services a nd public servi ces s uch as police and fir e , wluch are provided on a twenty-fo ur (24) hour ba s is . E . Signs Additionally Allowed . I. Home Occupation Sign. Home occ upation s ign not mor e than on e s quare foot i n area, which is affixed to the building, a nd whi ch is unlighted a nd unanimated . 2 . High-Rise Building Identification Wall Signs . For multi-s t ori ed buildings in excess of the maximum height permitted in the R-3 Zone District , additional wall sign area shall be permitted for building identification purposes in conformance with the schedule set forth below . Sign area s ha ll be based upon a square footage factor multiplied by horizontal linear footage of the building facade at the elevation of the facade where the sign is placed . 11 ) I • 0 J - • . . ,. • • - a . For signs located from sixty feet (60') to one hundred feet (100') in height. the factor shall be five (5) square feet. b. For signs located from one hundred one feet (10 1') to one hundred fifty feet (150') in height, the factor s hall be si..x (6) square feet . c. For signs located one hundred fifty-one feet (151 ') to two hundred feet (200') in height, the factor shall be seven (7) s quare feet . Multi-storied buildings may be permitted identification wall signs of the size provided by subsections E 1 through E3 for each building facade visible from a public right-of-way . Wall sign areas permitted by this subsection for one facade may not be used for any facade other than the face for which such allowance is granted . Such signs s hall not count against maximum sign area , or maximum number of signs. 3 . Joint Identification Signs. Joint identification signs are permitted when two (2) or more permitted uses occupy the same parcel or parcels. or building or group of buildings . If joint identification ground signs are used . no other ground sign s may be used . Jomt identification signs must contain the name and/or address of the uses to which the sign pertains. The following joint identification sign s are in addition to all other signs in terms of maximum sign area and numbe r . a . Permitted Sign Face Area. One square foot of sign area for each two (2) linear feet of street frontage ; provided, however, that no si ngle sign s hall exceed one hundred (100) square feet per face , and that the total area of joint identification sign shall not exceed two hundred (200) square fe e t . b . Permitted Maximum Number. One sign for each street frontage . c . Permitted Maximum Height. Fifteen feet (15'). 16-4-19-10: SIGNS PERMITTED IN COMMERCIAL AND INDUSTRIAL ZONE DISTRICTS: Signs which meet the following criteria may be constructed, displayed, and maintained in Commercial and Industrial Zones B-1 , B-2 , 1-1 and l-2: A. Permitted Maximum Number. Each permitted use may have three (3) signs as calculated herein: B. STREET FRONTAGE IN LINEAR FEET 150 feet or less 151 feet to 300 feet 301 feet or greater Permitted Maximum Sign Area . l. For All Permitted Uses. 12 NO OF SIGNS PERMITTED 3 4 5 ., , . ) I • 0 - • • • • ,,-. • :11• • - a . For a Lot Having One Permitted ·se. For the permitted use. the s ign area s hall be eighty (80) square feet or as calculated fr om the table herein, whichever is greater: STREET FRONTAGE IN LINEAR FEET 1 foot to 100 feet 101 feet to 250 fe e t 251 feet+ SIGN AREA/FOOT OF STREET FRONTAGE 1.5 sq . ft.fl foot LO s q , ftJ l foot 0 ..I sq . ft ./1 foot No single sign face shall exceed one hundred (100 ) s quare fee t in a r ea , except as provided in s ubsection 16-t-19-10£, nor s h a ll the to t al 1gn area of any us e exceed six hundred (600) square feet . b , For a Lot Ha,-ing Two or Mor e P ermitted Uses . For each permitted us e the maximum s ign area shall be eighty ( 0) squa r e feet or as calcula t ed from the table herein : BU1LD1NG FRONTAGE IN LINEAR FEET PER USE 1 foot to 100 feet 101 feet+ SIGN AREA/FOOT OF BlHLPING FRONT L5 s q , ft.f l foot LO sq . ft.i i foot No single sign face shall excee d one hundred (100) s quare feet in a r ea, except as provided m s ubsection 16--t-19-lOE nor s hall the t otal s ign area of any u se e xcee d six hundred (600) quare fee t, C, Permitted Sign Types , l. Ground Signs. The maximum heig ht of a ground 1gn s h a ll be twenty feet (20'), The distance between sign s on adiace nt lots hall be not Jess than t h e h eight of the taller s ign . If there is mor e t han one bu sine m a building or 1f a group of buildings are associated by owne r lup , no gr ound 1gn s a r e perm itted exce pt joint identification s igns . Whe re a ground s ign has tw o (2) or m or e di pl ay faces , only on e shall be incl ud ed in determinmg t he a rea of t he s ign . 2 . Marquees, Canopy or Awning Signs, All s ign s shall be pa r a ll el to the fa ce of the marquee , canopy or awning upon whi ch s uch sign s a r e displayed a nd ha ll not project above or be low the face of the marquee , canopy or a wning, a nd s hall only identify the bus iness by n a me a nd/or a ddress, 3 . Projecting Signs. Maximum area of the ign s hall be twenty-five (25 ) s qua r e feet per face and the maximum height s hall be twenty feet (20'), Such s ign s shall be located in the "signable area " of t he facade of the building, as described in subsect10n 16--t-19-++ 12{A)(3 ) {Sign Area Measurem en t ), a nd must not obscure major architectural detatls or extend above the r oof line . Such signs shall have a clearance of ten feet (l 0') fr om grade level to the bottom of the sign. Maximum projection shall be thirty inches (30") from the building to which it is attached . Where a projecting sign has two (2) or more display face s , all faceR shall be included in determining the area of the s ign , 13 I • 0 - • • • • '•· • -.. 4. Suspended Signs. Shall not exceed four (4) square feet per face in area: s hall be separated by a distance of fifteen feet (15') and shall have a minimum clearance of seven feet (7') above grade level to the bottom of the s ign. Such signs shall be limited in content to identification or address of the bus iness . 5 . Wall Signs. Wall signs shall be placed only in "s1gnable areas" of a building facade except as specified in subsection 16-4-19-10E7 . "Signable area" of the building means any area of the facade of the building up to the roof line which is free of windows and doors or major architecturnl detail. Wall s igns may not project more than eighteen inches (18") from the supporting wall. Wall s igns may not extend above the roof line or parapet wall . 6 . Window Signs. Window signs shall not occupy more than twenty-five pe r cent (25%) of the total area of the window in which they are displayed . Tlus twenty-five percent (25%) maximum coverage shall include all signs excep t short term advertising signs regardless of whether it is counted for s i gn area allowed or not. Signs displayed twelve inches (12") or less from the interior of windows shall be debited against the square foot area and numbe r of s igns allowed a permitted use . Window signs are not permitted in wmdow s a bove the first floor . D. Permitted Illummation. Signs in commercial and indus trial zone s may be illuminated, but all direct tllummat1on s hall not exceed toent) fi,e (26) fortv (40) watts per bulb. E. Signs Additionally Allowed . The following signs are also allowed in commercial and industrial wne s ubJect to the conditions s tated . I . Drive-Through Identification Signs. Each permitted use with a sheltered dnve-through facility may have one identification sign attached to the s helte r structure. Maximum sign area shall be ten (10) square feet for each lane of the drive-through facility . Such signs shall not count against maximum s ign a rea or number . 2. High-Rise Building Identification Wall Signs. For multi-storied buildings in excess of the maximum height permitted in the B-1 , B-2 , I 1, or 1-2 Zone Districts, additional wall sign area shall be permitted for building identification purposes in conformance with the schedule set forth below . Sign area shall be based upon a square footage factor multiplied by horizontal linear footage of the building facade at the elevation of the facade where the sign is placed: (a) for signs located from sixty feet (60') to one hundred feet (100') in height, the factor shall be five (5 ) square feet ; (b) for signs located from one hundred one feet (101 ') to one hundred fifty feet (150') in height. the factor shall be six (6) square feet; (c) for signs located one hundred fifty-one feet (151') to two hundred feet (200') in height, the factor shall be seven (7) square feet. Multi-storied buildings may be permitted identification wall signs for each building facade visible from a public right-of-way . Wall sign areas permitted by this subsection for one facade may not be used for any facade other than the facade for which such allowance is granted. Such signs shall not count against maximum sign area and number. 14 • I • 0 • • • " -· • ). • - 3. Identification Signs. Signs limited to name of occupant. address of premises. and no more than four (4) square feet per sign in area. Such s igns are limited to no more than one per street front, and may be illuminated only fr om a concealed light source. Such signs do not count against maximum s ign a r ea or number. 4 . Joint Identification Signs. Joint identification signs are permitted when tw o (2) or more permitted uses occupy the same parcel or parcels or buil di n g or group of buildings or within the same block . If joint identification ground s ign s a r e used, no other ground signs may be used. Joint identification s igns must contain the name and/or address of the uses to wluch the s ign pertains . The following joint identification signs are in addition to all other sign s in terms of maximum sign area and number. 6 . a. Permitted Sign Face Area . One square foot of sign a rea for each t wo (2) linear feet of street frontage ; provided. however, tha t n o si ngle s ign s hall exceed one hundred (100) square feet per face . and tha t the total a r ea of the joint identification sign shall not e xceed two hundre d (200) s quare feet . b . Permitted Maximum Number. One s ign for each str eet frontage. Secondary Signs. On the rear of the building, each bus iness or use may have one sign identifying the name of the busines s , the products sold. manufacture d or services offered, which shall not be counted toward the m a ximum s ign area or number. Such secondary sign shall not exceed one-half (1/2) s quare foot of sign area for each linear foot of the front lot line , or one square foot of s ign area for each linear foot of building front for a lot having two (2) or more permitted uses. 6 . Short-Term Advertising Signs. In addition to other s igns allowed in a permitted use , each business or designated use may be permitted s h o rt -te rm advertising signs, provided such signs are limited to window or w a ll s ign s . Window signs shall not cover more than twenty percent (20%) of the window area above that specified in s ubsection C6. Wall s igns s hall not be grea ter than fifty (60) square feet in area and s ubject to the Limitations of s ubsection C5 . All such signs shall be limited to a two (2) week period after wluch a permit will be required . Such s igns shall show the date of installatio n or display . 7. Signs Set Back From Public Right-Of-Way . For buildings with building frontage of fifty feet (60') or less : the permitted area of only one sign face may be increased at the rate of one-third of one percent (.0033) for each additional foot of distance beyond the first one hundred feet (100') of building set back a nd based on the greater of eighty (80) square feet or as calculated in subsection Bl , but in no case greater than one hundred (100) square feet. In no case may the increase be more than one hundred per-cent (100%) of the maximum permitted sign face area and the additional sign area calcula ted herein shall not count against the maximum sign area and may exceed forty percent (40%) of the signable area . The increase in sign face area will be granted for a sign face which shall be placed at the setback distance a s used in the calculation herein . 15 • . ' ) I • 0 I I ------------::-----:------~ • • • • ,,.. . • • • For buildings with building frontage of fifty-one feet (51 ') or more : the permitted area of only one sign face may be increased at the rate of one-third of one percent (.0033) for each foot of distance beyond the first one hundred feet (100') of building setback and based on the greater of eighty (80) square feet or as calculated in subsection Bl , but in no case greater than one hundred (100) square feet . In no one case may the increase be more than one hundred perce nt (100%) of the manmum permitted sign face area and the additional sign area calculated herein shall not count against the maximum sign area . This increase in sign face area shall be granted for a sign which shall be placed at the setback distance as used in the calculation herein . 16-4-19-11: SIGNS ALLOWED IN SOUTH BROADWAY SIGN AREA : In addition to those signs permitted pursuant to Section 16--l-19-1 {signs permitted m Commercial and Industrial Zone Districts} the following types and sizes of signs are permitted in the South Broadway sign area subject to the conditions specified below . In t he event of any conflicts between the provisions of Section 16--l-19-10 and 16-4-19-11, the provisions of Section 16-4 -19-11 shall govern . _§. Permitted maximum number. Same as 16-4-19-lO{A) {B-1, B-2. Districts) Permitted maximum sign area . J,. ~- Without Citv Manager or designee approval : Same as 16+19-lO{B} <B-1 B-2 Districts} If signage plan is approved by City Manager or desjgnee : ~-For a lot having one permitted use. For the permitted use the sign area shall be one hundred (100} square feet or as calculated from the table herein, whichever is greater: STREET FRONTAGE IN LINEAR FEET 1 foot to 100 feet 101 feet to 250 feet 251 feet+ SIGN AREA OR VOLUME/ FOOT OF STREET FRONTAGE 2.0 sq . ft.II foot .l.25 sq ft./1 foot .6 SQ . ft .i l foot No single sjgn face shall exceed one hundred twenty-five /125} square feet in area, except aR provided in Subsection 16-4-19-lOCEl nor shaU the total sign area of any use exceed six hundred ffiOOl square feet. g. For a lot having two or more permitted uses . For each permitted use the maximum sign area shall be one hundred {100} square feet or as calculated from the table herein: 16 0 I • 0 • • • t • ·•' PERMITIED USE FRONTAGE IN LINEAR FEET 1 foot to 100 feet 101 feet + • .. • • S IG N AREA OR VOLUME / FOOT OF BUILDING FRONTAGE 2.0 sq. ft.II foot 1.25 sq . ft .f l foot No single sign face shall exceed one hundred twentv-five {125) square feet in area, except as provided in Subsection 16--1-19-lO{E). nor shall the total sign area of a n" use exceed sjx hundred twenty-five (625} sq uare feet. Permitted sjgn types . !· Without review the City Manager or designee. ~· Ground Signs. Same as 16-4-19-lO(C)(l) ffi-1. B-2. Districts). and explicitly including both pole signs and monument sign s except that th e maximum hejght ofa ground. pole or monument sign shall be tw entv-fiv e feet (25) if reviewed and approved bv the Citv Manager or de s1gnee . g. Marquees Canopy or Awning Signs. Same as 16-4-l9-l0/C}(2) /B-1. B-2 Districts} except that the sign may contain any information regarding events scheduled to occur in the principal building if the sign design is reviewed and approved by the Citv Manager or designee . ~· Projecting Sims. Same as 16-4-19-10/C}/3} /B-1 B-2. Distnctsl. except that m maximum sjgn area shall be thirty-five /35) square feet per face if the s1gn design 1s reviewed and approved bv the Cjtv Manager or desjmee. and (2) maxlDlum sign projection shall be fortv-two mche s /42 \ from the building to which it is attached if the sign design 1s re~iewed and approved by the City Manager or desjgnee and /3} no more than one projecting sign may be installed on each facade of a primary building street frontage and (4) the lower edge of each prmectjng sign that extends over a public right-of-way shall have a clearance of ten fe et ( 10'} from grade level to the bottom of the sign . ~-Suspended Signs. Same as 16-4-19-20/C}(4} CB·l. B-2. Districts). ~-Wall Signs . Same as 16-4-19-10/C\(5\ /B-1 B-2 Di stricts) except that uses which occupy more than twenty thousand /20 000) sq uare feet of gross floor area of a structure per lot and which have more than one hundred feet /100'} of Broadway frontage may be allowed to mount wall signs extending up to five feet /5'\ above the parapet of the building if the sum design 1s reviewed and approved by the City Manager or des1gnee . 17 • 0 I • 0 • • • ~- .• • • - f. Window Signs. Same as 16-·l-l9-IO{C)(6) CB· 1. B-2) except that window signs may include transom si gns and window signs mav be installed in windows on the second floor of a building if the business on the second floor is a separate permitted use from the business occupving the property on the first floor of the principal building. If signage plan is approved bv the City Manager or designee : ~ Animated Signs . Provided that the animation does not result in a change in appearance of the sign more often than once every two seco nd s and that the animation involves a sequence of no more than four distinct images. ~-Exposed Neon Signs provided that the neon tubing is at least 13 millimeters in diameter. ~ Flashing or Blinking Lights or Signs provided that the lights do not fla s h or blink more often than once every two seco nds. No sign shall be place d . displayed or maintained that imitates or resembles a nd official traffic control device or signal. or which attempts to direct the move ment of traffic or which hides from view or interferes with the effectiveness of a nv c;fficial traffic control device or signal. {1995 MTC Section 606). ~-Halo-Illuminated Signs provided that the light source is completelv hidden and is of a contrasting color to the letters. numbers or images that they illuminate. ~-Roof Signs and Integral Roof Signs. provided that no portion of any ro of sign extends more than 5 feet above the roof line or parapet line of the principal building. f Wall Murals. provided that only one wal) mural shall be approved per primary building and that no s uch mural s hall be illuminated. Permitted Illumination: Ja . Without City Manager or designee approval: same as 16-4-19-lO{D) ffi-1 and B-2. Districts). ~-Alternative jllumination may be requested if signage plan is approved by City Manager or designee . 16-4-19-H-ll. SIGN AREA MEASUREMENT: A. Area to be Measured. The area of a sign shall be measured in conformance with the regulations as herein set forth , provided that the structure or bracing of a sign shall 18 • .. I • 0 ,------------~~--------------------------·-.------------~---------------- • ~- • • ,. • • - be omitted from measure m e nt, unless s u ch s t ructur e or bracing is made p a r t of the mess age or face of the sign . 1 . Sign with Backing. The a r ea of sign s e nclosed by a box or outline s h a ll be meas ured by determining the a r ea of each rectangle which creates t h e s m a ll e s t single continuous perimeter e ncl osing the e xtrem e limits of the display s urface or face of the sign: including all frames. backing, face plates, non-s tructural trim or other component parts not othe rwise u sed fo r supp ort. 2 . Signs without Backing . The a r ea of s igns co n s is ting of individual letter s or symbols s hall be meas ured by determining the s um of the a r ea of t h e smallest single continuous rectangle e nclosing the e xtre me limits o f each message . including all frame s , face plates , n on-structural trim or other co mpon ent parts not oth e rwise u se d for s upport. 3. ~ Signable Area . 8tpM Signable wall area 1s a co n tinuous porti on of a building facade unbroke n by doo r s or window s or major a r chitectural features. It is calc ulated by selecting a co ntinuou s surface. the n drawing an imagin a r y r ectangle within s p ecified h eigh t limitation s a nd comp uting t h e quare foo t a r ea of this rectangle . P e r son s displaying s ign s attac hed t o a bwJdmg m a y dete rmine the"~ si gnable are a " t o be u s ed by choosing any u ch a r ea o n t h e building facade for the di s play of s ign s . If. becaus e of t he d e 1gn of th e building, a ~ !l.UW.fill.le area ca nnot be id e ntified , t h e City a nd the applicant will determine a suitable a rea fo r sign agc . 4 . Irregular Outline. In the case of a n irregularly s h a ped s ign or a s ign with letter s and/or symbols directly affixed to or painted on the wa ll of a b wld in g , the a rea of the sign s hall be the e ntire area within a si ngle co ntinuous rectilinear perimeter of not m or e than eight (8) straight lines e ncl osi n g the extreme limits of writing, representation . e mblem or any figure of s imila r character . g. Multifaced Signs. The sign a rea for a s ign w ith m ore than on e fa ce s hall be computed by adding together the area of a ll s ign faces visible from a ny on e point. When two identical s ign faces a r e placed back to back so t h at both faces cannot be viewed from a n y point at the sam e time. and when s uch s ign face s are part of the same sign structure a nd a r e not m or e than fo r tv -two inches (42") a p a rt. the s ign a r ea s h all be co mputed bv t h e measure ment of on e of the faces . Computation of Volume for Projecting Signs: Volume is calculated bv multiplnng the width by height bv depth . The volume of a proj ecting sign will be ca lc ulated as the volume wjthin the smallest a r ectangular form that co uld be con structed to e nclose the primary shape of the sjgn . Where signs a r e reviewed by the City Ylanager or desirnee. that committee may allow minor e le m e nts to e xtend beyond s u c h rectangular form without including them in the si gn a rea calculation provi d ed that the committee determines that s u ch minor e le me nts a dd to the design guality without contributing to the perceived mass or size of t h e s ign. 19 • I • -------------------------------------··----- • • • • • - ~ Computation of Height. The height of a sign s h a ll be computed as the distance from the base of the sign at normal grade to the top of the highest attached component of the sign. Normal grade shall be construed to be the lower of (l} existing grade pnor to construction or (2) the newly established grade after construction. exdusjve of any filling berming mounding or excavating solely for the purpose of locating the sign. In cases in which the normal grade cannot reasonably be determined si gn height shall be computed on the assumption that the elevation of the normal grade at the bi!filLof the sjgn js eaual to the elevation of the nearest point of the crown of a public street or the grade of the land at the principal entrance to the principal structure on the wne )ot whichever is lower. 16-4-19..Y ll: MAINTENANCE : Every s ign , including those specifically exempt from this Section in r es pect to pe rmits and permit fees . shall be maintai ned in good condition at all times. All signs shall be kept ne a tly painted, includmg all metal parts and supports thereof that are not galvaruzed or of rust-res istant metals . The City shall have inspected and shall have the authority to o rd e r the painting, repair, alteration or removal of a sign which is not in co nformance with tlus Ordinance by rea on of safety, health . or public welfare , or by reason of inadequate maintenance, diJap1dat1on or obsolescence. 16-4-19--13 J.j: NONCONFORMING SIGNS: Any sign wluch was lawfully erected and maintained prior to the effective date of this Ordinance, but wluch does not conform to the limitations established by this Ordinance. except those signs prohibited , hazardous or abandoned , shall be nonconforming signs and subject to the following conditions: A. Registration of Nonconforming Signs. All nonconforming signs shall be required to be regis tered with the City . If a valid permit exists for the nonconforming sign. the City will complete the registration and notify the owner or lessee of the sign or the owner of the property on which the sign is located requesting verification of the registration information. If no valid permit exists for the nonconforming sign or if insufficient information is available. the owner or lessee of the sign or the owner of the property on which the sign is located will be notified and must register the nonconforming sign or provide the necessary information within thirty (30) calendar days of receipt of the notification . B. Termination of Nonconforming Signs. Any nonconforming sign shall be brought into conformance or shall terminate and cease to exist within ten (10) years from the date a permit was issued . If seven (7) years or more have passed from the date a permit was issued to the effective date of the Code . then the sign must be brought into conformance or terminate and cease to exist within three (3) years from the effective date of the Code. Any nonconforming sign without a valid permit must be brought into conformance or termmate and cease to exist within three (3) years from the effective date of the Code . In addition , a nonconforming sign must be brought into conformance or terminate and cease to exist if any one of the following conditions occur: Whenever the sign is damaged more than fifty percent (50%) of its total replacement value, or destroyed from any cause whatsoever , or becomes obsolete or substandard 20 • ' , •. ) I • 0 • • • • .. • - under any applicable ordina nce of the municipality, to the extent that the sign becomes a hazard or a danger. Whenever the ow ne r ship of the property changes on which the nonconforming sign is located . Whenever there 1s a cha nge in the le ssee , ownership of the business or use to which the sign pertains. Whenever there is a request made for a permit to change the sign. Whenever there is a request for a permit to make improvements to the facade of the building on which the nonco nformmg sign is located . C. Nonconforming Signs m Newly Annexed Areas. Any ow ner or operator of a nonconforming s ign in a newly a nn exed a re a s hall terminate s uch nonconforming sign in accordance with the r equirements of th.is Section . with the effective date of the annexation ordmance bemg the start of the time limitation. D. Appeals. The ow ner or lessee of a sign. or the owner of the property on which a s ign is located , who has been notuied by the City that s uch s ign is nonconfor ming, may appeal that decision to the City Manager or des1gnee, within twenty (20) days of the receipt of such notice . The appeal shall co ntain the appellant's name a nd address , the decision bemg appealed , and a brief explanation of why the appellant should not be required to comply with the document appealed. The City Manager or designee may meet informally with the appellant to exchange ne cessary information a nd s hall issue a decision m writmg to the appellant at his address stated m the appeal. If the decision of the City Manager or des ignee 1s not satisfactory to said owner or lessee : within thirty (3 0) days of the City Manager·s or des1gnee decision , h e may apply for a variance from the Board of Adjustment a nd Appeals a proV1ded for in Section 16-2-8 of the Comprehensive Zorung Ordinance. 16-4-19-l+ }j: PROHIBITED, HAZARDOUS AND ABANDONED SIGNS; ENFORCEMENT PROCEDURES: It s hall be unlawful to display , co nstruct, erect. alter, remodel. e nlarge . mov e or maintain a prohibited sign within the City. It shall furthermore be unlawful to display, co nstruct. erect. enlarge , move or maintain a hazardous or a bandoned sig n with.in the City . A. Notification of Unlawful Signs. Notice s hall be given by certified mail or personal service to the owner or lessee of such unlawful s igns and to the owner of the property on which such unlawful signs are located . Prohibited si gns in existence before the effective date of this Ordinance, as described in Section 16-4-19-7, shall be declared a nuisance by the City. The notice s hall require that prohibited signs shall be brought into conformance with this Ordinance or be removed within one hundred eighty (180) days after the notice has been received. Signs existing before the effective date of this Ordinance which are prohibited in subsections 16-4-19-7D , J , and L. shall be removed within three (3) years from the date the notice is receive d. Prohibited signs erected after the effective date of this Ordinance shall be removed within five (5) calendar days of receipt of 21 • • I • 0 - • • • , .. ,. • - official notification from the City. This Section shall not be applied to requll'e the removal of any sign for wluch it is unlawfully required, by Federal or State Constitution or statute. that compensation be paid by the City for ign rem ova l, unless the City elects to pay any compensation lawfully required . Hazardous signs are those which. by reason of inadequate maintenance, dilapidation or obsolescence, create an imminent hazard to public health . safety or welfare, as declared by the City: those signs are further declared a nuisance a nd shall not be displayed or erected within the City . The notice hall require hazardous sign removal within five (5) calendar days. Signs abandoned for a period of thirty (3 0 ) days s hall be declared aba nd oned 1gn s and a nuisance by the City; abandoned signs s hall not be displayed or maintained within the City. The notice s hall reqUJ.l'e abandoned s ign removal w1thrn thirty ( 0 ) days. B. Appeals. The owner or lessee of a sign or the owner of the pro perty on which a s ign 1s located who has been notified by the City that such sign 1s proh1b1ted. abandoned or hazardous may appeal that decision to the Ci ty Manager or designee within twenty (20) days of the receipt of such notice , except for hazardous sign appeal which must be within five (5) days . The appeal shall co ntain the appe llant's name and address. the decision being appealed. and a bnef explanat10 n why the appellant s hould n ot be required to comply with the document appealed . The City Manager or designee may meet informally with the appellant to exchange necessary mformat1 on and s hall issue a decision in writing to the appellant at h1 address stated in the appeal. If the decision of the City Manager or de s1gnee 1s not attsfactory to said owner or lessee , within fifteen (15) days, he /she may apply for a vanance from the Board of Adjustment and Appeals as provided in Section 16-2-of the Comprehensive Zoning Ordinance, except for hazardous si gns m which ca e the City '.\1anager's decision is final. C . Failure to Comply with Notice . If the ow ner or lessee of a prohibited , abandoned or hazardous sign or the owner of the property o n wluch s uch s ign is located fails to comply with notice given pursuant to this Section within the time specified , the City Manager or his designee is authorized to ca use the action required by Ordinance. which may include removal of a sign by the City . All costs incurred by the City , plus an administrative cost of fifteen pe rcent (15 %) of the dJ.l'ect costs shall be charged against the real property and its owners . D. E. Notice of Costs. If the City incurs costs taking action r eqUJ.l'ed by this Section. a statement shall be prepared for the entire cost plus fifteen percent (15 %) administrative costs, and be mailed by certified mail, return receipt requested , to the owner of the property on which the sign is located with instruct10ns that said statement will be paid in full plus costs within thirty (30) days of said mailing date . The notice shall also inform the property owner that the failure to pay the statement for costs for sign removal within sixty (60) days shall result in an assessment being made against the property which shall constitute a lien pursuant to Section 16--1-19 of the Comprehensive Zoning Ordinance of the City of Englewood. Assessment. If the full amount of the statement relating to sign removal for realty 1s not paid within sixty (60) days, the City Manager shall direct ili.!!! an assessment et be made of the entire amount of the statement plus an additional twenty-five 22 I • 0 - • • .• .. • - percent (25%) penalty against the specified realty . After assessment a copy shall be sent to each owner of record of the assessed realty. The assessment shall contain a legal description of the premises, the expenses and costs incurred, and the date of sign removal, and a notice that the City claims a lien for this amount. The City shall certify such assessment to the County Treasurer who shall collect such assessment in the same manner as ad valorem taxes are collected . F. Assessments. From the date of the assessing statement. all assessments shall constitute a perpetual lien against the specified realty and shall have priority over all liens excepting general tax liens and prior special assessments. No delays , mistakes, errors or irregularities in any act or proceeding authorized herein shall prejudice or invalidate any final assessment: but the same may be remedied by the City Manager or designee, as the case may require. upon application made by the property owner or other interested person. When so remedied , the same shall take effect as of the date of the original assessment by the City. G. Other Remedies. Any unpaid charge plus all costs and penalties shall constitute a debt due the City. The City Attorney shall, at the direction of the City Manager. institute civil suit in the name of the City to recover s uch charges. cost a nd pe nalties . The City may prevent by injunction and require removal of any sign e r ected witho ut a permit. These remedies shall be cumulative with all other remedies. mcluding prosecution in Municipal Court for each violation of this Chapter pursuant to the provisions and penalties established by Title 1, Chapter 4 , of t he Englewood Municipal Code . Sectjon 2. The Englewood City Council hereby amends Title 16 , Chapter 8 , Section 1, of the Englewood Municipal Code , 1985 by amending and with the addition of the following definitions, in alphabetical, order to the definitions as follows : 16-3-1: DEFINITIONS : BANNER : fl.AQ : SIGN AWNING : Any sign of lightweight fabric or similar material that is temporarilv or permanently mounted to a pole or a building by a permanent frame at one or more edges. National flags State or Munjcjpal flags or the official flag of any institution or business shall not be considered banners. Any fabric banner or bunting containing distinctive colors. patterns or symbols used as a symbol of a government or , political subdivision the reof. l&tter numbers , or images applied along the valance of an outdoor awnmg. 23 \ .. .... ) I • 0 ]- • • • SIGN, l.W:!>1Um , CANOPY Gil M!.RQUEE: SIGN, EXPOSED NEON : SIGN HALO-ILLUMINATED : SIGN INTEGRAL ROOF : SIGN MARQUEE : SIGN MONUMENT : SIGN . PROJECTING : -• • • .. A sign that is mounted or painted on , or attached to , 11n 11nntng, canopy , er m1tr1111ee that is otherwise permitted by this Ordinance . Letters numbers or images formed from exposed luminous tubing letters at least 13 millimeters in diameter. Fabricated metal letters numbers or images with polished brushed. or baked enamel painted finish, backlit wjth a contrasting color of neon tubing so as to create a halo effect around the letters, numbers or images while keeping the neon light source hidden from Yifil!. Any sign erected or constructed as an integral part of a normal roof structure, such that no part of the sign extends vertically above the highest portion of the roof and no part of the sign is separated horizontally from the rest of the wall or roof structure by a space of more than six inches . Any sign attached to or made a part of a ~- A ground sign that ,s not mounted on a pole or bracket, but in which m the sign body is directly connected to the sign foundation and (2) the horizontal cross-section of the sign body is at least 50 % as large as the horizontal cross -section of the sign foundation. A sign sther th1tn 1t "1tH sign "hieh prejeett! &llm 1tnti: is sttpperteti: e, 1t n1tH. Anv sign other than a wall sign or marquee sign that is affixed to a building or wall in such a manner that its leading edge extends more than eighteen inches {18") beyond the surface of such building or wall. 24 • . ' ... I • - • • SIGN, ROOF : SIGN, TEMPORARY: SIGN TRANSOM : SOUTH BROADWAY SIGN AREA: SPECIAIJZEP SIGN AREA: WALLMURAL: • .. • - A sign erected upon~ and extending above the roof line or parapet of the building or structure, except that signs located on a mansard roof shall be considered a wall sign. A sign or advertising display constructed of cloth , canvas , fabric , plywood . or other light& material and which is not permanently mounted and which is designed ef 2!' intended to be displayed for a short period of time . Fitting within a transom area above shop windows but below second floor windows and yjsually contained within the building framework of columns and other architectural trim. A specialized sign area whose boundaries are : within the Cjty of Englewood and have property fronting South Broadway . An area of the City where special types or amounts of sjmage are permitted encouraged, or required through an action of City Council. Specialized sign areas include : l, South Broadwav sign area . A picture painted on any exterior wall or a principal building other than the front wall of the building which m does not directly or indirectly advertise or call attent10n to any product or C2l restores a previously existing wall painting at least 40 years old <regardless of whether such wall painting advertised or called attention to a product}. A wall mural may include a sim of no more than 2 sq uare feet identifying the artist and/or the sponsor of the wall mural. 25 • ,, . ., .. I • 0 xi - l • • ... ~ -• •, 1~ •,. .. ·~ • • ' Section 3. Safety C)auses The City Council. hereby finds , determines, a nd 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, 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 proper legislative object sought to be obtained. Section 4. Seyerabjlity If any clause , sentence. paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other perso ns or circumstances. Section 5 Inconsjsgmt 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. Section 6. Effect ofrepea) or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release . extinguish, alter, modify, or change in whole or in part any penalty , forfeiture , or liability, either civil or crimmal, which s hall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree , or order which can or may be rendered, entered, or made in such actions, suits. proceedings, or prosecutions . Section 7. feDAl.ty . The Penalty Provision of E .M.C. Section 1-4 -1 shall apply to each and every violation of this Ordinance. Sectjon 8. Exjstjng Si.ms . Any sign in existence prior to the effective date of tlus Ordinance, which is not otherwise addressed by conditional use limitations. which does not conform to the limitations established by this Ordinance , shall be nonconforming . A nonconforming use , allowed pursuant to this Section, may remain at its location as a legal nonconforming use subject to the termination requirements of nonconforming uses as described in this Title. Introduced, read in full , and passed on first reading on the 3rd day of Apnl. 2000. Published as a Bill for an Ordinance on the 7th day of April, 2000 . Thomas J . Burns, Mayor ATTEST: Loucnshia A. Ellis. City Clerk 26 • ' ., ' ' ' ) I • 0 I .- • • ,. -• .. .. -. • -.. 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 3rd day of 2000. Loucrishia A . Ellis 27 .. \ ~ . • I ) I • 32X ] • • -. ~ -· • .. ... .. • - COUNCIL COMMUNICATION DATE: April 3, 2000 AGENDA ITEM SUBJECT: Amendment of § 16- 4-1 9 of E.M .C., Sign Code 11 a i INmATEDBY: Community Development STAFF SOURCE: Lauri Dannem iller, Planning Analy st , Community Devel opme nt COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: A study session with Council was held on March 7 , 2000 . No formal action was taken at this time . RECOMMENDED ACTION: Schedule a Public Hearing on May 1 , 2000 to consider the pro pos ed amendments to th e Sign Code , §16-4·19 of the E .M.C . BACKGROUND, ANALYSIS. AND ALTERNATIVES IDENTIFIED: In an effort to continue implementation of the South Broadway Acti on Plan , the Commu nity Development Department is proposing an amendment to th e Sign Code . The prop ose d amendments will provide an opportunity for unique and crea tive si gnage , embodying the sp irit of the South Broadway Corridor. The amendment will creat e a process whereby bus inesses , with input and review from a Special Review Team , propose ne w signage characteriz ing specific criteria in order to ga in area , height or location bonu ses to cooperatively designed signage . This review team will be guided by specific criteria when re comm ending improved signage such as : • Is the signage complementary with the buildi ng in terms of scale , proportion , color and materials? • Will the signage add to the visual interest of Bro ad way incorpo rating a ty pe , color, texture or material not present on anot her sign located with in one -quarte r mile of the proposed sign? • Does the sign incorporate an inventive repre sentati on of the use , name or log o of the business or structure? • Does the sign make a positive visual contrib ut io n to th e image of the City of Englewood? • Does the sign exh ibit a classic historic des ign ref lec ting the current or historic character of the business or city? • ' ... . I . 0 - • • • .. • - • Does the s ignage utilize or enhance th e arch itect u ral element , perio d and st yle of the building? • Will the signage be legible to both pedestrians and mot orists ? • Does the signage restrict visual intrusion into res idential districts adjacent to South Broadway? Proposed signage may be recommended for increased area . locat ion or height incentives if the design meets the above criteria. However. each of the incentives or bonuses is restricted to a reasonable size in order to present a positive visual outc ome , rather than an intrusive effect on the corridor. Standards in the amendment will only apply to those prope rt ie s within the 81 and 82 Bu siness Districts with frontage on South Broadway . Staff has met with the Englewood Plann ing and Zoning Co m mi s sion, the Englewo od Cham ber of Commerce, the South Broadway Merchants Steering Com mi tte e and the Eng lewood Downtown Development Authority to gain input on the prop ose d amendment. Each of these organizations is recommending approval of the ordinance a me ndment. AMENDMENTS: The Englewood Chamber of Commerce has requested two item s be added to the o rd inance. Firstly, that a time limit be specified, from time of application to th e Special Review Team , until a recommendation is made . Staff bel ieves th is request is a ppro p ri ate and recommends a time period of 45 days, from subm iss ion until a recommendation 1s m ade. (Th is amen dme nt is attached). Secondly , that a reasonable time period for use of th e sign be specified in the code, to prevent any changes to this code , which will possib ly , affect the individual business's investment. Staff believes the legal non-conforming use lan gu age, currently in the code , adequately addresses th is issue and any additional languag e 1s redundant and unnecessary . Additionally, the Englewood Election Commission is recomm en ding a change to 16-4-19-5 (B) Election Signs . The commission has suggested changes to th e number and area restrictions in the current code. A memo detailing this recommendation is attached and language has been included in the proposed amendment to th is regard. FINANCIAL IMPACT: Revenues from permits for installation of new signage can be a nti c ipated . LIST OF ATTACHMENTS: Bill for Ordinance Policy for Special Review of Signs Findings of Fact Planning Commission Memo -January 14 , 2000 Synopsis of Changes Election Commission Memorandum Proposed Amendment Language ( 16-4-19-38) f :\dept\nbd\group\boards\council\council communications\2000\cc -sign code amendment.doc ...... ----- ., ) I • 0 • • PROPOSED AMENDMENT 16-4-19-3: PERMITS : • • • .. B . (Insert at the end of paragraph one) IN THE CASE OF ANY SIGN FOR WHICH SPECIAL REVIEW BY THE CITY MANAGER OR DESIGNEE IS REQUESTED, THE CITY SHALL, WITHIN FORTY-FIVE (45) WORKING DAYS OF THE DATE OF THE APPLICATION, EITHER APPROVE OR DENY THE APPLICATION OR REFER THE APPLICATION BACK TO THE APPLICANT IN ANY INSTANCE WHERE INSUFFICIENT INFORMATION HAS BEEN FURNISHED . ' . • I .. I . 0 I ] • • • ,. • ... • • Memor.indum DRAFT To: Community Development Department Staff Public Works Department Staff Safety Services Department Staff From: Gary Sears . City Manager Date: April 3, 2000 Subject: POLICY FOR SPECIAL REVIEW OF SIGNS This policy is being created to clarify the process allowing for exceptions to the current City of Englewood Sign Code , 16-4-19, upon approva l from the City Manager or designee . In order to create opportun ities for creative signage along the South Broadway corridor , a sign permit Special Review process 1s hereby defined . A . The City Manager or des1gnee shall refer applications for a sign permit Special Review to a Sign Review Committee for signage of properties having frontage on South Broadway . B. Membersh ip. The Sign Review Comm ittee shall be made of the following ind1v1duals . 1. One graphic design professional ; 2 . One sign fabricator or contractor ; 3. One merchant from the specialized sign area in which the proposed sign would be located ; 4. One representative from the City of Englewood Bu il ding and Safety D1v1sion or Public Works Department. 5 One staff member from the Community Development Department. C . Rules , procedures and forms . The committee shall be authorized to adopt ru les , procedures and forms for the conduct of its business , provided that no such rul e . procedure , or form shall be incons istent with any provision of the Englewood Charter or Municipal Code D. The committee sha ll be required to : 1. Review all applications for specialized signage where the appl icant has requested such review ; 2. Apply the sign review criter ia li sted in Section F of this po li cy to each sucn application ; 3 Determine whether each such appl ication is consistent or incons istent with such cntena ; 4 . Consult with app li cants regarding ways in which appl ications that are 1ncons1stent with such cr iteria can be made consistent with the criteria , or regarding ways in wh ich the quality or effectiveness of a proposed sign could be improved ; 5. Recommend approval , approval with conditions , or denial of each such application based on the sign review cr iteria . As part of that recommendation , the committee may further recommend that the City Manager grant incentives for the proposed signage in the form of increased sign area or height or any other incentive approved by city council. The committee is requested to recommend the approval of types or amounts of signage other than those requested by the applicant, if the committee believes that such alternatives would be more consistent with the design criteria listed in Section F of this policy . • .. I • 0 • • • • ·, - • - E. In the case of any sign for which Special Review by the City Manager is requested , applicants should become familiar with the City of Englewood Sign Design Intent Statement. This statement reflects the direction and desire of signage in the South Broadway commercial community as a vibrant , eclectic thoroughfare with a fusion of mature metropolitan and unrivaled character. Guidelines set forth with in this statement will guide the design review committee . F. South Broadway sign review criteria . In reviewing applications for review of signs in specialized sign areas . the committee shall apply the following criteria, and shall make a written finding of whether each listed criteria is met or not met by the application . G . 1. Is the signage complementary with the principal building in terms of scale , proportion. color, materials , and lighting levels ; 2. Does the sign incorporate an inventive representation of th e use . name or logo of the structure or business : 3. Does the sign make a positive visual contribution to the overall image of the city ; 4 . Does the sign exhibit a classic historic design reflecting the current or historic character of the city or business : 5. Does the s1gnage utilize or enhance the architectural elements . period . and sty le of the building : 6 . Will the proposed signage be placed in a logical location in relat ion to the overall composition of the building's facade and not cover any essential architectural features/details of the fayade : 7 . Will the signage be legible to pedestrians along South Broadway : 8 . Will the signage be legible to motorists travelling at approximately 35 miles per hour without being or creating a traffic hazard : 9 . Does the signage make effective use of at least two contrasting colors in order to convey its message clearly and effectively : and : 10 . Will the signage increase the visual interest of South Broadway by adding a type of signage or colors , textures . materials , or animation permitted by this code and not present on another sign located within one-quarter mile of the proposed signage : and 11 . Does the signage restrict visual intrusion into residential districts adjacent to South Broadway business districts. The committee may recommend approval of signage that does not meet some or most of the listed criteria , but shall clearly identify the qualities of the signage that justify a recommendation of approval. Final decision . Regardless of the recommendation of the committee , all final decisions regarding the issuance of permits for signs in specialized sign areas shall remain with the City Manager or des1gnee . In the event the City Manager or designee disagrees with the recommendation of the committee , the City Manger or designee shall make a written record of the reasons for such disagreement at the time the permit is approved , approved with conditions , or denied . H Appeal of final decisions shall be made to the City of Englewood Board of Adjustment pursuant to Title 16-2-6 -Appeals and Variances . Gary Sears , City Manager Date H:IGROUPISign\Creative Sign Code\Policy for Sign Code Amendment doc • >' .. • I I • 0 •( • -. • .. • - CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN 1HE MA 1TER OF CASE IORD-99-04 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO AMENDMENT OF §16-4-19 OF 1HE ) COMPRFJIENSIVE ZONING ORDINANCE, ) SIGN CODE ) INITIATED BY: NEIGHBORHOOD AND BUSINFSS DEVELOPMENT DEPARTMENT ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF 1HE CITY PLANNING AND ZONING COMMISSION The proposed amendments to §16-4-19, Sign Code, were initially taken to the Planning Com- mission at a study session on Scpcembcr 21, 1999. The Public Hearing on Case #ORD-99-04 was initially opened on October S , 1999; continued to October 19, 1999; continued to Decem- ber 7, 1999, and further continued to January 18, 2000. Commission attaldancc on the cited dates is as follows: September 21, 1999: Present: Ransick, Stockwell, Weber, Willis, Hayduk, Welker Absent: Rininger, Douglas, Lathram October S, 1999: Present: Absent: Rininger, Willis, Douglas, Hayduk, Lathram, Ransick, Stockwell , Welker Weber October 19, 1999: Present: Stockwell, Weber, Willis, Douglas, Lathram, Ransick, Rininger, Welker Absent: Hayduk December 7. 1999: Present: Absent: Weber, Willis, Douglas, Rininger, Welker Stockwell, Hayduk, Lathram, Ransick January 18 I 2000: Present: Weber, Willis, Douglas, Lathram, Rininger, Welker Absent: Hayduk, Ransick, Stockwell • .. I· 0 • • ,,-. • • - Testimony was received from staff. The Commission received notice of Public Hearing, the Staff Report, and supplemental memorandums from staff, which were incorporated into and made a part of the record of the Public Hearing. No public was present to testify on this issue. After considering the statements of the witnesses, and reviewing the pertinent documents . the members of the City Planning and Zoning Commission made the following Findings and Con - clusions. FINDINGS OF FACT 1. THAT the proposed amendments to the Comprehensive Zoning Ordinance, §16-4-19 , Sign Code, were initiated by the City of Englewood, Department of Neighborhood and Business Development. 2. TBA T public notice was properly given by publication in the Englewood Herald on September 24 , 1999. 3. 1HAT the Public Hearing was continued on October 5, 1999 , and also continued on October 19 , 1999, at the request of the City Attorney's Office. 4 . TBA T Planning Analyst Danncmiller presented testimony, on December 7*', on the proposed amendments to the Sign Code; that the amendments will be applicable only to South Broadway frontage, will provide incentives for business people along South Broadway to replace old signage with new , creative advertising signs ; and will improve the quality of signage along South Broadway . Ms . Dannemiller also testified to the proposed creation of a Sign Review Committee to review the .. creative" advertising signs. 5. 6. 1HAT members of the Planning Commission, on December 7"', cited concerns with clarity of intent on some proposed amendments , the need for clarity in wording on the proposed amendments, and requested that staff provide clarification and modification of the issues in question . Issues staff was requested to research and clarify included maximum square footage for the American Flag; the difference between "marquee " and "marquee sign"; window signs for second tloor businesses ; the ratio of street frontage to signage area allowed; and roof signs for buildings and uses occupying 20,000 sq. ft. or more. 1HAT on January 18*, Planing Analyst Dannemiller testified to clarifications and modifications made to the proposed Sign Code Amendments as requested by the Com- mission. The issue of permitted number of election signs per "lot" was also raised for consideration by Assistant City Attorney Reid . 2 • ) I· 0 • • • • • • ' 7. THAT members of the Commission did, on January 18*, accept the clarification and modifications suggested by staff, and offered minor points for funher clarification. CONCLUSIONS 0 1. TBA T the amendment of the Comprehensive Zoning Ordinance, § 16-4-19, Sign Code , was brought before the Commission on the initiation of the Department of Neighbor- hood and Business Development. 2. TBA T the notice of Public Hearing was properly given by publication in the En&le- mgt Hmld on September 24, 1999. 3. THAT the amendment of the Sign Code will allow the South Broadway property owner and business person to replace old signage with new, creative signage and improve the quality of signage along the South Broadway corridor. DECISION 1HEREFORE, it is the decision of the City Planning and Zoning Commission that the Com- prehensive Zoning Ordinance, §16-4-19, Sign Code, should be amended. The decision was reached upon a vote on a motion made at the meeting of the City Planning and 1.olling Commission on January 18, 2000, by Douglas, leCOllded by Lathram, which mo- tion staleS: "'nte Planning Commission approw the proposed Sign Code tllM~nts. said tllM~nts to inc1-tllllDllbMnt to allow el«tion signs per s1ree1 addrus , and to main the total square foou,ge of sign area on election signs as CIUffntly cited. 1'te proposed amendmenls are rec - OtnmeNJ«l to City Council for their approval. " AYES : NAYS: ABSTAIN: ABSENT: Rininger, Weber, Willis, Douglas, Lathram, Welker None None Hayduk, Stockwell, Ransick The motion carried . These Findings and Conclusions are effective as of the meeting on January 18, 2000. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Carl Welker, Chairman 3 • I . - • • ,,-. • • - To: Eng lewood Plannin g and Zoning Commission Thru : Bo b Simpson. Director Co mmunity De ve lo pment From : Lauri Dann em iller. CD Plannin g Anal ys t Date: Janu ary I 4. 2000 RE : Creative Si g n Code As a result of input from the Plannin g and Zoning Comm ission at the December 7. I 999 mee11ng . I have revised the Dra ft Sign Code. The following changes from the previou s version were made : #/ Is sue: FlagSi=e (J6-./-/9-5-C)a11 d(l6-./-/9---A-I// Changed flag size from JO ' square fee t maximum to 35" ma.xim um . Commission suggeste d 10· was inadequate and 35' (5X7) is a standard size for a commercial American flag . #2 Issue: Defi11i1io11 a/Marquee (/6--I} Eliminated the changed ··Marquee·· definition . Commission suggested that this definition was not relative to the sign code and should be left in the overall definuion sec tion at th e end of Section 16 . Additionall y. the definition of ·'Marquee .. in the sign code was confusmg when v1c "ed in conjunction with .. Sign. Marquee··. :;3 Iss ue : Omm1ss,011 of Word (56-./-/9-//-8-I) The word "approval" was omi ned fro m this ect ion . Thi s word wa s added at the end of the se nten ce: ··Without City Manager or De signee Approval : .. #./ Issue : Wi11dow Sig11s (16 -./-/ 9-/ l-C-l-j} Commi ss ion wanted thi s section clarified to permit window signs in se cond fl oo r windows if a separate business occ up ies the second floor from the bu si ness occupying the first floor . Ne w sec ti o n will read : WINDOW SIGNS. SAME AS 16-4-19-10.C.6 (B-1, 8-2), EXCEPT THAT WINDOW SIGNS MAY INCLUDE TRANSOM SIGNS AND WINDOW SIGNS MAY BE INSTALLED IN WINDOWS ON THE SECOND FLOOR OF A BUILDING IF THE BUSINESS ON THE SECOND FLOOR IS A SEPARATE PERMITTED USE FROM THE BUSINESS OCCUPYING THE PROPERTY ON THE FIRST FLOOR OF THE PRINCIPAL BUILDING. #5 Issue : Uses occupying more than 20.000 square fee / (16 -./-/9-/ I-£) Section was unclear. To clarify the intent of the section . th is section E was eliminated and Section 16-4-19-1 J-C-1-e was modified to read: WALL SIGNS : SAME AS 16-4-19-10.C.5 (B-1 AND 8-2 DISTRICTS), EXCEPT THAT USES WHICH OCCUPY MORE THAN TWENTY THOUSAND (20,000) SQUARE GROSS FLOOR AREA OF A STRUCTURE PER LOT AND HAVE MORE THAN ONE HUNDRED (IOO) FEET OF BROADWAY FRONTAGE MAY BE ALLOWED TO MOUNT WALL SIGNS EXTENDING UP TO FIVE (5) FEET ABOVE THE PARAPET OF THE BUILDING IF THE SIGN DESIGN IS REVIEWED AND APPROVED BY CITY MANAGER OR DESIGNEE. • I • - • • • .. • -.. PZC Memo(page 2) #6 Issue : Industrial designarion clean-up (Section /6-4-19-I J) Although this section refers to signs allowed in the South Broadway Sign Area, man y references list "l-l&l-2" in the subsection titles . As the South Broadway Sign Area onl y encompasses B-1 and B-2 zoning, each reference to Industrial zoning is eliminated in the new code. #7 Issue : Clean up a/Section /6-4-/9-/0-CJ This "signable area" reference was corrected to reflect the correct section of reference. Reads "Such signs shall be located in the • signable area ' of the facade of the building, as described in subsection 16-4-194+ 12 A3 , and must not obscure major architectural details or extend above the roof line." ., , . . ' • I • 0 X ' . • ] I·, • - CREATIVE SIGN CODE AMENDMENT -SYNOPSIS OF CHANGES Item Current Code Creative Code w/ review Percent Conditions Change Animated Sign Not Perm itted Pe rmitted with rev iew NA Restoratio n. does not change appearance more than 1 pe r 2 sec . no more than than 4 imag es Balloons Not mentioned Not permitted I NA NA Flags No size restriction Not exceeding 35 sq . ft (no Size limit NA rev iew if w/in defin ition ) added Wall Signs Signable area . no more than Same , and if business occupies NA With rev iew 18 " from wall more than 20 .000 sq .ft . then can exceed 5" above parapet Marquees Perm itted. but no lights Perm itted with rev iew and NA Lights meet Cond itions fl ash ing lim itat ions an d in fo on s ign related to event Ground Signs Max He ight -20 " Max He ight -25 ' w ith rev iew 25 % Roof Signs Not Permitted Perm itted with rev iew if integra l I NA No more th an 5' and with cond itions above parapet Wall Murals Not Perm itted Permitted with review and NA 1/bldg , not li ght ed conditions ) Window Signs Permitted with area Perm itted w ith area restrictions NA If separate restrictions and in 2"" floor bus iness occup ies 200 floo r Projecting Sign Area max • 25sq ft WI review : Area max -35 sq ft 40% With rev iew Height max -20sq ft Height max -20 sq ft none Max projection -30 " Max projection -42 " 40% Number of Signs 150' or less . 3 Same None None 151 ' to 300 ' . 4 301 ' o r areater -5 Illumination Not to exceed 25 watts/bul Permitted with rev iew and not t NA Halo-illum inated exceed 40 watts/bulb if light source hidden and contrasting color Permitted Maximum 1' to 100' • 1 .5 sq . ft./1f 1' to 100' -2 .0 sq . ft ./1ft 33 % • Sign Area 101 ' to 250' -1.0 sq .ft./1ft 101 · to 250 ' -1.25 sq .ft ./1ft 25 % 251 ' + -.04 sq.ft/1 ft 251' + -.06 sq .ft/1 ft 50 % I • 0 H:IGROUP\Sign\Creative Sign Code\S ign Code Charts .doc • j -. • /' • •,' • -' MEMORANDUM TO: Nancy Reid , Assistant City Attorney FROM: Lou Ell is , City Clerk/Election Commission Member March 24 , 2000 DATE: SUBJECT: ELECTION SIGNS At the March 23 , 2000 Englewood Election Commiss ion meeting the iss ue of restrictions on election signs was discussed . The Commission has struggled with this issue in the past , spec ificall y the restriction of two election signs per lot. Elections have changed s ince that restriction was adopted and with the advent of coordinated elections a ba ll ot may contain candidates not only for Municipal Elections , but School Board Elect ions and Spec ial District Elections and numerous State . County and local ba ll ot issues . Also , defining a "lo t" for purposes of enforcing the Code has been ve ry difficult. The Commission discussed the Planning and Zoning Commission recommendation "that there should be no limit on the number of election signs that may be placed at any one street address , but that the total square footage limitation currently cited for election signs shall remain in force ." One of the greatest concerns with the use of "street address" was how we would handle apartment buildings in order to make this fa ir . We discussed adding a definition of "street address " to the Code . The more we d iscussed this . the more complicated it became . In order to simplify the election process , and to encourage voter participation , the Elect ion Commission approved the following recommendat ion : "That only the size of election signs be regulated (not the number of signs ) and that each sign be no larger than three (3 ) feet by four (4 ) feet in both res ident ial and commercial areas ." T he Commission discussed the fact that we may be deal ing with a proliferation of election signs , but they did not see a reason to restrict the number . They felt that restr ict ing the number of days elect ion signs can be posted was sufficient. ' ., . I . 0 • • • RESOLUTION NO. t/() SERIES OF 2000 --. • • • ;le_,· A RESOLUTION APPROVING THE TRAMMELL CROW RESIDENTIAL CITYCENTER SITE PLAN AND AUTHORIZING THE ENGLEWOOD ENVIRONMENTAL FOUNDATION TO PROCEED WITH THE PROPERTY SALE TO TRAMMELL CROW RESIDENTIAL. WHEREAS, the Englewood EnvironmP.ntal Foundation was formed to relieve the burdens which would otherwise be assumed 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 e nvironment and is a separate and distmct corporation ; and WHEREAS. the City Council encouraged the Englewood Environmental Foundation to conclude negotiations with Trammell Crow as the residential developer for $5 million dollars by the passage of Resolution No . 100, Series of 1999; a nd WHEREAS, the City Council of the City of Englewood . Colorado supported the final agreement for sale or property from the Englewood Environmental Foundation to Trammell Crow for the CityCenter by the passage of Re solution No . 4. Series of 2000 ; and WHEREAS , the Sale Agreement between Englewood Environmental Foundation and Trammell Crow Residential requires Trammell Crow Re s idential to s ubmit its final site plan to City Council and to request a resolution from Ci t y Council approving the final s ite plan; and WHEREAS, by the passage of this Resolution the Engle wood Ci t y Council approves Trammell Crow Residential CityCenter site plan and recommends that the Englewood Environmental Foundation proceed with the property sale to Trammell Crow Residential ; and WHEREAS , the project includes 438 units in two buildings with the East buildi ng containing 227 units and the West building containing 211 units, both buildings will be three stories high with an additional 28 ,999 square feet of fir st.fl oor retail s pace m the two buildings; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO. THAT: $ect,jon 1. The City Council of the City of Englewood, Colorado hereby approves the fin a l site plan submitted by Trammell Crow Residential. $ect,jon 2. The City Council of the City of Englewood. Colorado hereby recommends the Englewood Environmental Foundation proceed with the property sale to Trammell Crow Residential in accordance with the Sale Agreement as amended . • I • 0 - • • -. • • -.. COUNCIL COMMUNICATION Date Agenda Item April 3, 2000 11 Ci INmATEDBY Subject Support of Trammell Crow Residential- CityCenter Englewood Residential Desian Enolewood Environmental Foundation I STAFF SOURCE Robert Simpson, EEF Board Member COUNCL GOAL AND PREVIOUS COUNCIL ACTION On November 22, 1999, City Council adopted Resolution Number 100, Series of 1999 supporting the selection of Trammell Crow Residential for the CityCenter Englewood residential development. RECOMMENDED ACTION Staff recommends approval of the resolution supporting the residential design as presented by Trammell Crow Residential (TCR) and directing the Englewood Environmental Foundation to proceed with the property sale to Trammell Crow Residential. BACKGROUND Representatives from TCR have notified the City that they are prepared to present their final architectural and site plan design to City Council for review and approval at Council 's April 3, 2000 meeting . Kaufman Meeks Partners, TCR 's architects are still working to complete the final drawings and will present them to Council at the April 3, 2000 Council Study Session . Presentation materials that include site plans, elevations, material samples and colors and renderings will all be available at the Council Study Session . City Staff, including Community Development , Public Works, Utilities , Building and Fire, David Owen Tryba Architects, and the City 's independent Urban Designer, Ron Straka, have worked closely to fast track project review . Staff has worked through many issues relative to the site, access, fire and building safety, Public Service issues since all concerns have potential impact on design . Staff believes that the resultant design is consistent with the CityCenter project and also expresses a unique architectural identity for TCR. FINANCIAL IMPACT With project design approval from Council, TCR is committed to close on the property within ten days . At closing $5,000,000 will be transferred to the project. LIST OF ATTACHMENTS Proposed Resolution I . 0 • • -------. ,,,.-·· • ·, ..... • -.. Sed;ign 3. Thia resolution 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 3"' day of April, 2000. Thomas J . Burns, Mayor ATTEST: Loucriahia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No.~ Series of 2000. Loucrishia A. Ellis • ., ' • l • I • 0 ] • • • ,. .,.-. • •,. • - Section 1 . The City Council of the City of Englewood , Colorado , hereby finds that the final site plan submitted by Trammel Crow Residential for Alexan at CityCenter, consisting of 29 sheets (Cl -as modified by the revised Statement of Vested Rights presented on April 3 , 2000 -through CS , L1 through LS , A3.0l through A3 .08 and A4.01 through A4.ll , hereinafter called the "Site Plan "), complies with and is consistent with the Englewood CityCenter PUD and the Design Standards included therein and has been approved by the City Manager ( or his designee) in accordance with the PUD . Section 2. As is . Section 3. The Site Plan as approved herein shall apply to the real property as described in the Site Plan and as it may be modified by any required administrative lot line adjustment procedures . Section 4. The City Council approves the Statement of Vested Rights as presented at this meeting and the Statement on page C 1 of the Site Plan is modified to conform to the Statement submitted at this meeting. Section 5 . The City Council finds that the Site Plan constitutes a site specific development plan and a development agreement between the City and the applicant in accordance with Colorado Statutes . Section 6. City Council will hold a public hearing on May 1, 2000 to further establish the vested rights create by the Site Plan . Section 7 . City Council approves the Site Plan subject to the following conditions: a. Prior to TCR 's purchase of the subject property, the City and TCR will enter into a Memorandum of Understanding (MOU) concerning interpretation of the building and fire codes. b . Construction drawings for the property must comply with the applicable building and fire code, as they may be clarified in the MOU . c. Construction drawings for the property must satisfy the written comments dated March 29, 2000 from the Building Division of the City . • I· 0 - • • ,. • )• ... ~-··· • - d. The west wall of the parking structure on the west parcel of the property shall, at the developer's option, either (i) be painted to match the stucco portion of the west aparbnent building or (ii) be decorated with public art selected and applied under a process similar to the process currently underway for the nearby Wal-Mart property, and if the developer elects option (ii) the developer will contribute up to $50,000 for design and installation of such art and the City will match such contribution. Ii'· : /Section 8. City Council directs and authori1.es the City staff to implement the conditions set forth under Section 7 above. Section 9. City Council authori1.es and directs the City Manager to sign and deliver to TCR the letter from the City to TCR dated April 3, 2000. Section 10. As is.~?. '> • , I . 0 I I • • ,, ---. • • - [To be printed on letterhead of City of Englewood] Trammell Crow Residential 1433 -I 7'h Street , Suite 11 0 Denver. Colorado 80202 A TfN : Scott McFadden April 3. 2000 TCR DRAIT of 4/3/00 blacklined from 3/23/00 draft Re: Ales.an Residential Development at Englewood CityCenter Ladies and Gentlemen : This letter is pro vided to TCR Mountain States Properties , Inc . and its a ffiliate s ("TC R") in response to your requests for certain information and to confirm certain representation s and undertakings by the City of Englewood concerning your above-referenced de vel o pment ( th e "Project"). I . Building Code . The City is considering adopting the 199 7 L'ni fo nn Bu ildi ng Code to replace the 1994 Code now in use . The earliest the City expects to adopt the 1997 Co de is Jul y of 2000 . The version of the Code that is in effect at the time you fir st subm it an appli cation for building permit(s) will be the version applied throughout your constructi o n period . Accordingl y. if you desire to have the current 1994 Code appl y. yo u may submit. and the City will accept , an application for building permit based on a site plan onl y. o fee will be charged at the time of application and permit s will not be issued until complete plan s are s ubmitted and permit fees paid . If you submit such an application before we ad o pt the 199 7 Code (which could take effect as early as May 23, 2000), your Project will be go verned by the 1994 Code throughout construction, permitting and issuance of certificates of occ up anc:. unle ss you specifically request that we apply the 1997 Code instead. In either case. the Project will be permitted and completed entirely under one version of the Code and neither you nor the C ity will be able to select provisions fr o m each version . In addition , no later than April _, 2000 , the Ci ty will enter into a memorandum of understanding with you , to be prepared by your architect , your general contractor, and the City's building department, setting forth certain agreed interpretations of items under the 1994 Code . The starting point for this memorandum is the letter from your architect to the City's chief building official dated on or about February 2 , 2000 . \3 9 80\371567348 6 • • ------ .. I • 0 - • • • Trammell Crow Residential Page 2 April 3. 2000 ,,... . • • -' 2. Timelv Review and Approval. The City and each department. agency , and consultant involved in review and approval ofTCR's Site Plan , the lot line adjustment of the property, building permits and all other permits and approvals relating to the Project agree to review and approve all aspects of the Project in compliance with the schedule anached hereto as Exhibit A. Accordingly. all City departments, officials and outside consultants that review construction documents for purposes of issuing building permits (including without limitation the building department, its outside plan reviewer, fire department, utilities departments. and public works department) have reviewed your Site Plan submined February 24 , 2000 and have provided all comments in writing to EEF and you on March 10 , 2000. Further, if you submit your final revised Site Plan by March 27. 2000. the Cit) Council will consider it for final approval on April 3, 2000. It is the City's desire that construction of your Project be well underway when the City hosts a national conference on light rail facilities in October 2000 . Accordingly. comments and markups on your construction documents will be returned to you within three weeks from the time you submit your initial set of construction documents and within two weeks after you submit any subsequent revisions. Revisions that satisfy comments previously made will not be subject to different or further comments. and items accepted without comment in one submittal will not be subject to comment in later revised submittals. Construction documents that conform to the approved Site Plan will be approved . 3. Financing Public Improvements. The City acknowledges that it is a condition of closing under the Agreement for Purchase and Sale and Redevelopment of Residential Property dated February 10, 2000, as amended (the "Contract"), between TCR and the Englewood Environmental Foundation, lnc . ("EEF") that EEF demonstrate to TCR the financial capacity of EEF or the City to complete, on a schedule reasonably acceptable to TCR , the public improvements required or appropriate for the opening of the Project. The City agrees to complete phase one of such public improvements within the time provided in such schedule if EEF fails to timely complete such improvements. The City will not impose or permit imposition of any special assessment or other charge or fee against your property for the purpose of paying or reimbursing for construction of these improvements . 4. Vested Rights . The City agrees that your Site Plan constitutes a "site-specific development plan" under Colorado law and that upon approval by the City Council of your Site Plan, you will have vested rights for your property as specified on the Site Plan . The City will publish such notices and take such further action as may be required by Colorado law to establish such vested property rights (as provided in C.R.S. § 24-68-10 I ff) after approval of your Site Plan . 5. RTD Improvements . The City will cause the RTD station and all related improvements and facilities adjacent thereto to be completed by July 14, 2000, and will not 1398 013715 673~8 6 • I • 0 • • -• Trammell Crow Residential Page 3 April 3, 2000 ',• -·· • ... • -.. impose or pennit imposition of any assessment against your Property for the purpose of paying or reimbursing for construction of the same. 6 . Parking. The City will cause EEF to adopt a parking management plan that provides for short tenn parking for at least five spaces located in front of the Project leasing office on the north side of Englewood Parkway . 7. Utilities. The City has the capacity, facilities and water supply necessary to provide full water, stonn sewer and sanitary sewer services to the Project for up to 463 apartment units and the retail , commercial and live/work space shown on the Site Plan at the time when the Project requires such services. 8. No Hindrance. The City will cooperate with and assist you and EEF in expediting the design, approval, permining, development and occupation of the Project . The City is not aware of any facts, circumstances or legal issues that could result in hindrance or delay of the Project. 9 . Condominium . The City understands that in order to provide for separate ownership of the commercial/retail space and the residential rental units by two different owners. the Project will be designed as a condominium, with all the residential units together comprising a single condominium "unit" under your ownership and the commercial/retail space being one or more separate condominium units to be owned by the retail developer selected by EEF . The City agrees that the Englewood ordinances governing conversion of existing properties to condominiums will not apply to the initial construction of the Project. since it is being designed as a condominium from the outset. 10 . No Bus Traffic. The City will not pennit Englewood Parkway, Galapago and Inca Streets adjacent to the Project to be used for any regular full-size bus service . Local shuttle or circulator vehicles with a capacity of 24 seated passengers or less may eventually use these streets . 11. Vacating Easements. The City will cooperate with EEF and you to expedite vacation or termination of utility easements across your property that are not required for the Redevelopment Project . 12 . Pennit and Development Fees. The pennit fees, tap fees and other fees, costs and assessments imposed by the City on your Project will not exceed those set forth in the February 17, 2000 lener to you from Tricia Langon of the City's Planning Department and the anachments thereto. so long as you obtain building permits for the Project on or before \3980137\567348 6 • ' I • 0 • • • Trammell Crow Residential Page4 April 3, 2000 ' l•' ... • -"· • .. • -.. December 31, 2000 . The fees for sewer taps for your Project will not be subject to reassessment or other increase if the Project is under construction within one year from issuance of the first building permit. Anest : ------------ Title :--------- \3980\37\56734'"6 Sincerely, The City of Englewood, Colorado, a body corporate and politic of the State of Colorado By : ___________ _ • ' .. { ' .. 0 ) I • 0 - • • .. -• I• t;, • -.. Exhibit A to letter from City of Englewood to TCR Date March 27 , 2000 April 3. 2000 3 weeks after first submittal ofTCR construetion documents 2 weeks after any resubminal of revised TCR construction documents \3 91 013 7156 7348 .6 Items to be Completed Memorandum of understanding between City and TCR architect/contraetor re: interpretation of 1994 Building Code Consideration by City Council ofTCR Site Plan All City and outside plan reviewer comments and markups to be returned to TCR All City and outside plan reviewer comments and markups to be returned to TCR '· , • ... .. ..: . ' . ' . ' ) I· 0 I • • -. .. ,. ,,-. • ' . ,. • -' .. STATEMENT OF VESTED RIGHT S. APPROV AL OF THIS SITE PLA:\ BY THE E:--:GLEWOOD CITY COL,:JCIL SHALL CREATE VESTED RIGHTS FOR THE St;BJECT PROPERTY DESCRIBED ON SHEET_ OF THIS SITE PLA :'I (THE "PR OPERTY ") AS FOLLOWS : fF CO ·sTRl.iC TIO N IS COMME'.'JCED ON A RESIDE'.'JTIAL BUILDING ON THE PROPERT Y BY '.'JO LATER TH AN DECE:VIBER 31. 2000. SUBJECT TO FORCE :VIAIEURE , THE'.'J THE RIGHT TO CONSTRUCT THE IMPROVEM'i%tJ~HqWN ON THIS SITE PLAN SHALL BE VESTED FOR A PERIOD OF ' )41'YEARS FROM THE DA TE OF APPROVAL OF THIS SITE PLA N. IF SCCH CONSTRlXTION IS NOT COMMENCED BY DECE:VIBER 31, 2000 , DUE TO A FAIL URE BY THE CITY OF ENGLEWOOD OR THE ENGLEWOOD E'.\IVIRO ·:-v1E . T AL FOL. DATIO!\'. INC. TO FCLFILL A'.'JY OBLIGATIONS AS REQLIRED BY SEPARATE . .\GREE:VIENT . OR IF CO 'STRUCTIO:--J IS DELAY ED DC E TO A FORECLOSuRE OR OTHER LEGAL ACTIO!\ BY A LE>lDER O R P.•NESTO R TO OBTAIN CONTROL OF THE PROPERTY N ORDER TO CONSTRl.iCT THE IMPROVEME~TS. THEi\ THE RIGH T TO DEVELOP THE PROPERTY AS SHOW'.'J ON~r~st~TE PLA N SHALL RE:'vlAN ,;;;u.J_ VESTED FOR AN ADDITIONAL . YEARS BEYOND SL1CH ~-~ YEAR PERIOD . THIS SITE PLA'.\1 CONSTITCTES A "SITE SPEC IFI C DEVELOP'.'v!ENT PLA1'" AND .\ DEVELOP'.'v!E'.'IT AGREEME. T BETWEE THE CITY OF E'.'JGLEWOOD AND THE APPLICA:--JT, IN ACCORDANCE WITH COLORADO LAW . THE VESTED RIGHTS PROVIDED FOR HEREN SHALL INCRE TO THE BENEFIT OF THE SCCCESSORS N ll\TEREST AND ASSIG S OF THE APPLICANT , !}.;CL DING ALL P RCHASERS A'.'JD S BSEQU:-.:T OWNERS OF A.\iY PORTION OF OR INTEREST 1}i THE PROPERTY. S TH VESTING SHALL APPLY TO ALL OF THE APPLICA'.'ITS RIGHTS U?\DER THIS SITE PLA'.\I . TO ANY AGREEME:-.:TS RELATING TO THIS SITE PLAN OR THE IMPROVEME. TS SHOW}; HEREON A:'-JD TO ANY BUILDING PER.i\lllTS ISS UED FOR SUCH l'.'v!PROVEMENTS . THE PROVISIONS OF THIS PARAGRAPH SHALL SUPERSEDE ANY INCO'.'JSISTE'.'JT OR CONTRARY PROVISIO S OF ST A TE LA \V . OF THE PUD, OF THE PLAT OF THE PROPERTY (AS SCCH PLAT IS EX PECTED TO BE REVISED TO CO FOR.\11 SUBSTA TIALL Y TO THE LEGAL DESCRIPTIO J\i OF THE /-~~~ 3980\3 i '.5 i6660 I • .. ) I . 0 • • -• • • __. • . . . , • -.. .. < ,, I - Date April 3. 2000 Initiated By COUNCIL COMMUNICATION Agenda Item 11 C ii Staff Source Subject Motion to approve a temporary agreement w ith McleodUSA McLeod USA Mike F laherty, Assistant City Manager Leigh Ann Hoffhines, Communications Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action on this particular issue. RECOMMENDED ACTION Staff seeks Council's support for a motion approving a temporary right·of.way agreement with McleodUS A Telecommunications Services , Inc . to begin installation of telecommuni cations facilities in the City of Englewood . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City has been approached by McleodUSA, a telecommunications co mpany seek ing to offer local and long distance telephone service to residences and businesses in Englewood and other communities ac ro ss he metro area. McLeodUSA representatives have requested approval of the atta ch ed temporary agreement . th e con t ents of which have been approved by the Greater Metro Telecommunication s Consortium . legal counse l. and Cny staff. The City 's current right-of-way ordinance does not take multiple providers in to consideration . and 1s in need of revisions to address this and other issues. The Greater Metro Telecom munications Consortium has draft ed a model right-of-way ordinance that many metro area communities will use as a guide to update their ordinances . Staff will be bringing this revised right-of-way ordinance before Council 111 the next few weeks . In the meantime , McleodUSA seeks the City 's approval on a temporary agreement that w,11 allow them to pursue the ir construction plans in Englewood . The temporary agreement ensures that McLeodU SA will adhere to all requ ired perm itting policies and will comply with all applicable federal , state . and local laws and regulations . including those contained in the updated right-of-way ordinance if , or when , it is adopt ed . According to the Englewood Municipal Code , the City Manager is authori zed to grant approv al on this temporary agreement . but in the interest of keeping City Council informed on teleco mmunications and other pertinent issues . staff seeks Council support before moving ahead with this agre ement . FINANCIAL IMPACT There is no direct financial impact expected as a result of this agreement . When McleodUSA begins providing services in Englewood , the company would, of course, be responsible for any applicable occupational taxes . LIST OF ATTACHMENTS Proposed temporary agreement • ' " ) I • 0 - • • -• t 03 /29 /00 12 :27 F.\X I ll9 i 90 7901 McLeodLlSA. Via Facsimile and U.S. Mail Gary Scar.; City Manager City of Englewood 3400 S. Elati Street Eng lewood, Colorado 80110 -. ,. --. • • -.. YCI..EOD LECAL March 29 . :ou O I Re: Righr-oflVayAgreemen uCtty of F.11gl <'>,~vd Colo ra do Dear Mr . Sears : I As a follow-up to prior discussions, this Agreement is to c nfinn out understanding and agreement with respect to th e mtcnt1on of:\l ·LzodU SA I Telecommunications Services , Inc . (''McLcod U A") to bui ld a tiber optic telecommunications network witlun the City of Englewood . 1c LcodliSA is requesting the City's permission 10 llSC the public right-oi-way 10 inswl Jnd mamtai n tis telecommunication s network. In no event sha ll ~lcLoo<iCSA uttli 1e 1:s telecommunications facilities for the pro,~s1 on of cable tcl e,1 s1 u~ sc :-,1ccs '4~th out firs t obtaimng a cable franchise or an OVS agreement (as require d ; law) from I e City . la)OO Z/00~ Mc LcodUSA 1s aware that the City is in !he process oi ,onsidcring an ord inance that would govern the place111ent of the McLeodliSJ\ telecomm unica tions facilit ies within the public right-of-way . McLcot!USA desires to begin 111s.allations of its telecommunications facilities within the City limits at McLeod SA's risk while the City is determining how 10 regulate the use by pnvate entities and pub lic utilities of the public right-of-way . Such installation shall include, but not be limite d to fiber optic cable, underground conduits, ducts , and manholes , and sball be in accorda nce with !he documents provided lo the City. Moreover , McLcodUSA shall adh ere to applicable City pennitting requirements, City construc tio n standards, and the :VI Jm1al on Unifonn Traffic Control Devices . McLeodUSA shall, at its own expense , make inslalla ttons in such a manner so as not to interfere w1lh the reasonable. and proper use, constructi on , reconstruction and maintenance of any public improvements of any existing or furn rc public utility system component, or other public structure upon or under public prop erty McLeodUSA shall conduct its work in such a manner so as to cause as little in k rierenc e as possible with pedestrian and vehicular traffic . Further , McLeodUSA shall keep accurate maps of its facilities and make these maps availab le to the City. These maps shall be in an .. Auto CAD" format. McLeodUSA shall provide metallic tracer wtt h underground warning tape for all wtderground installations, and shall provide adequate hu:170 11tal clearance with existing and proposed utilities tha! must share the right ofwa , In addition, McLeod McLtoo USA Tll:HSOU)GY PAAX 6400 Cs .... , SW PO Box 317 7 t.,rAM K,wms. IA 52JQ6.:;177 t'Hoso 319-364-0000 F.oc Jl'!-790-7901 hup Jlw"'"' ,,,.coJu,..oom • . I • 0 .... • • • 03 /29 /00 12 :28 FAX I 319 ;go 7901 City of Englewood March 29, 2000 Page 2 MC LEOD LEGAL • • • certifies to the City that it is a member of the 1..i1ility Notificati on Center of Colorado and will provide representatives from Mcleod USA to provide locat es of our facil it ies on a timely basis . As a condition to use of1he publ ic right-of-way and pub li c property , McLcodUSA snail at its own expense. repair or cau se rep air to any private prope rt y. public utility system com poncn1, publi c improvement, public n ~:1 1-ot"-way or ;,ubl ic property damaged by such location , construction . rcconstrucii on. rep lacement or rep air work. McLcodUSA sha ll restore all such property lo its prev mus ;ond itioo at tis expense . The City shall not remove nor relocate McLeodUSA 's fa :1l i1 ies wnhout first obtaining McLeod USA ·s prior written consent ; provided, howe,·er that in case of emergency, the City reserves the right to r=ove or relocate the fa cili ties of McLeodUSA, at McLeodUSA 's expense, upon verbal no1ific a1ion 10 the McLeod USA Network Managemcm Center (J-800-322-2385) pnor to such remov al or relocauon . McLcodUSA covenants to indemni fy, defend, and sav e h:umlcss the City and 1ts officers, agents and employees, hannless .from any and all claims Jnd demands fo r damages to property, and for injury or death 10 persons, and in cludmg all expenses incurred in defending against any such claims or demands , wh ich di 1 ectly nn sc out of or are caused by the erect ion, maintenance , presence, use , rC31Tllll £cment or removal of McLcodUSA facilities , or by any act of Mcleod USA, its age ms ml empl oye es. Mc~-OdUSA shall carry insurance in such am ounts an d ,"onn and m such companies as arc reasonably satisfactory to City so as 10 pro 1ec1 lcLeod t.:S A and the City from and against any and all claims, demands, ac ti ons, 1c d£ements . cos ts, exp ens es, and liabilities of every name and nature wlucb may arise or resu lI direc1 l from or by reason of such loss, injury, or damage . McLcodUSA agrees o requi re con cractors and subconttactors engaged in work for McLeodUS,\ within the pub hc nghts -of-wa y or on public property to maintain in effect during the term of work 1i ~!>1 1:v msur:m ce in comp rehensive fonn and in the amounts 10 be set by the Ci ty Ar. msurance cemficat c naming the City as an additional insured will be pro vided 10 •.e Cny befo re cummen c1 ug work. The placement of facilities by McLeod USA in the n ght-o:-\\ ay 1s subject 10 all applicable federal, sta te and local law s, regu lau ons and orders of gc , emm ental age nc ie s as amended, including but not limited to . the Co mmunicauons ,\c1 o f 19 34, as amended by theTelecommuni ca1ionActof!996,Pub.L. o.104-1 04 ~ lO J(a), 110Stat. 70 codi fied at 47 U .S.C. I SJ, el seq., and all orders , rule s, tm ffs , .111J regul at ions issued hy the Federal Communications Commission or the governing ,t :e au thori ty purs uan t thereto, C.R.S . §38 -5 .5-101 et seq . ("Law 'l lfthe Ctty ena cts an ordinance reg ulaun g the use of rights of wa y in the City , requiring compensa tion tu li e pai d 10 1hc C1 1y fo r the privilege of occupying the physical space i~ the ri ght of wav , an d th e Cit y req uires co mpensation to be made from all telecommunicatio ns pro v,Jcr s (as define<.! by slate law ) on a competitivel y neulrdl and nond iscrimmalory ha m. the. \ld.eodUSA sh all pay the fees required by such ordinance . 11 is th e intent ion of both ,he C:t) and McL eo d USA to preserve any rights and remed ies at law , inc lud ing the rig ht 1,; ,halien ge any prov 111 on of l 003 , 00 4 I • 0 - • • • 03 /29 /00 12 :%9 FAI l 31 9 i90 i 901 City of EnsJewood March 29, 2000 Page 3 ,, ,,,-. • ; • • .. I CLEOD LEGAL a Cit y ordinance chat McLcodUSA believes is in violation oflocal, state and federal law . It is unders tood and agreed that the execution oftbis Agreemen t ur pl acement of facilities by McLcodUSA in the right of way is nO! a waiver of any rights or obligations of either the Ci ty or McLeodUSA under the law . )Y'"y:o ~ ' ~ Vice Presi den t & Gfflcral Counsel .. !iii 0041 004 Ac cepted and agreed this_ day of _____ ~2000. 4PPROVEO CITY OF ENGLEWOOD By: Title : Director of Public Works By : Title : Din:ctor of Ublilics • £ Law Group Date~-~ 20:V ) I • 0 • • • RESOLUTION NO. !/L_ SERIES OF 2000 • -· • • - .. .. A RESOLUTION AUTHORIZING THE CITY MANAGER TO INTERPRET THE ENGLEWOOD MUNICIPAL CODE TO ALLOW A COMMUNITY-WIDE SIDEWALK SALE ON MAY 11, 2000. WHEREAS, the City Council for the City of Englewood , Colorado bas reviewed and is in support of a draft ordinance allowing sidewalk sales under specific circumstances; and WHEREAS , the draft ordinance is in the process of going to the Englewood Planning and Zoning Commission and being returned to the City Council with Planning and Zoning's recommendations; and WHEREAS. the adoption of that ordinance will take effect subsequent to the proposed sidewalk sale by the Englewood Chamber of Commerce on May 11 , 2000 ; and WHEREAS, City Council would like to develop a pilot project to determine what rules, procedures and regulations are necessary under the new ordinance; 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 , authorizes the City Manager to waive certain provisions of the Englewood Municipal Code to allow a sidewalk sale by the merchants of the City of Englewood on May 11 , 2000. Section 2. The City Council authorizes the City Manager to develop a pilot project including policies and procedures to implement a sidewalk sale taking into account the safety of the citizens and those participating in that event. ADOPTED AND APPROVED this 3rd of April. 2000 . Thomas J . Burns. Mayor ATTEST : Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No ._, Series of 2000 . Loucrishia A. Ellis ' . . . • I 12 b i I • 0 - • • ~ . . .. • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 3, 2000 7 :30 P.M. ... 1. Call to order. 1 : t./& 2 . Invocation . ~ 3 . Pledge of Allegiance . £~ 4. RollCall. ;~ 5. Minutes. a. Minutes from the Regular City Council meeting of March 20 , 2000. 6. Scheduled Visitors . (Please limit your presentation to ten minutes .) va. John McCullough will be in attendance to inform City Council of the awards the Englewood Elks ' have given to their Citizen of the Year, Firefighter of the Year . and Police Officer of the Year . ~~~-'/~ Jf...M> J}jtfA.c -+ 7 . Unscheduled Visitors. (Please limit your presentation to five minutes~ 8 . Communications , Proclamations, and Appointments . a . Proclamation honoring~lewood resident Emma Goldsboro on the occasion of her 1 oa•h birthday . <......js-L ~ 9 . Public Hearing . (None Scheduled) P ..... note: If you have a dlublllty and need auxlllary aids or urvicea, pt .... notify the City of Engl-ood (303-782-2405) at teat 48 hours In advance of when Mrvlcea are needed. Thank you. -. • I· 0 • • .. • ---- • ,. >-' • -.. Engl-ood City Council Agenda April 3, 2000 Page2 10. Consent Agenda. a. Approval of Ordinances on Fi rst Reading . i. COUNCIL BILL NO. 29 -Recommendati on from the Department of Administrative Services to adopt a bi ll for an ordi nance approving amendments to the C ity of Englewo od NonEmergen cy Re ti rement Plan Document. STAFF SOURCE : Frank Gryglewicz, Director of Administrative Services. ii. COUNCIL BILL NO . 31 -Re commendatio n lrom the Department of Administrative Services to adopt a bill for an ordi nance approving amendments to the C ity of Englewood Police Off icers Pens ion Plan Document. STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. b . Approval of Ordinances on Second Reading . I (j i. ~- Jfl~ ii. ;','6 iii. ~-*t~ iv . e,Jf r1 V. o,)-~l?i vi. ~~,9 vi i. oJ ... d,) viii. o,J ·":}I ix. Id')-X. i)l· Council Bill No . 9, amending the Eng lewoo Mu nici pa l Cod e to refle ct the name change of the Englewood Clean , Green an d Pro ud Comm ission to Keep Englewood Beautiful. Council Bill No . 12 , authorizing the shari ng of equi pm e nt between the C ity of Englewood and other governmental age ncies . Council Bill No . 15 , approving an amende d agreement with the Museum of Outdoor Arts. Council Bill No . 16, authorizing an Interg ov ernm enta l Agreement with th e State of Colorado for purchasing software ram existing St at e softwa re contracts . Council Bill No. 17, amending Title 8-28 of the Engl ewood Municipal Code (Mechanical Code ) to comply with the Stat e of Colo rado 's sta nda rds . Council Bill No. 18, amending Title 8-2A of he Englewoo d Mun ic ipa l Code (Building Code) to comply with the State of Col o rado ·s standards . Council Bill No . 19 , amending T itle 8-2C of the Englewood Mun ic ipal C ode (Plumbing Code) to comply with the State of Colorado 's standards . Council Bill No . 20 , amend ing Title 8-20 of the Englewood Mun icipa l Code (Electrical Code) to comply with the State of Colorado's standards . Council Bill No . 21 , amending Title 8-2E of the Englewood Munic ipal C ode (Fire Code) to comply with the State of Colorado 's standards . Council Bill No . 22 , amending Title 8-2F of the Englewood Munic ipa l C ode (Abatement of Dangerous Buildings Code ) to comply with the State of Colorado 's standards . P ..... note: If you have • disability and need auxiliary aids or aarvices , please notify the City of Englewood (303-762-2405) at least 48 hours In advance of when Ml'Vic:N.,. needed . Thank you • -. • .. .. ) I • 0 • • .. ~ ,,.. • r, • -' Engl-ood City Council Agenda April 3, 2000 Pagel xi. aJ-1'~ xiii. ~f{/f xiv . ;~f' xv . oJ~';//J xv i. Council Bill No . 23 , approving an Intergovernm ental Agreement for Joi nt Funding between the City of Englewood and the U .S . Geo log ical Survey for two Gauging Stations . Council Bill No . 24, approving Amendment #2 to the Intergovernmental Agreement with the Colorado Department of Transportation for Constructio n of Broadway W idening and Medians . Council Bill No. 25, amending Title 8-1 of th e Englewood Municipal Code so that it is appropriately numbered . G,puncil Bill No . 26, amending Title 8 -36 of th e Englewood Municipal Code so that it conforms to the State of Colorad o s most rec ent health standards for swimming pools . Council Bill No . 27 , approving the vacati on of w ate r and sewe r eas e m en ts at CityCenter Englewood . Council Bill No . 28 , approving an amendment to Ti tl e 8-5 of the Engle w ood Municipal Code pertaining to moving of st ructures . c. Resolutions and Motions . i. ii. Recommendation from the Department of Admi nistrative Services to adopt a resolution reserving funds as required by th e C ity 's agree ment with The Museum of Outdoor Arts . STAFF SOURCE : Frank Gryglewicz, Director of Administrative Services. Recommendation from the Department of Administra ti ve Se rv ices to adopt a resolution appropriating and transferring fu nds from the General Fund to the Public Improvement Fund for the South B roa dway Widen ing P roject. STAFF SOURCE: Frank Gryglewicz, Director of Administrative Services. 11 . Regular Agenda . a . Approval of Ordinances on Fi rst Read ing . V ~,A ni/1 tr COUNCIL BILL NO . 30 -Re commendation from the Departm ent of ,fll..) IP Olf7~. · Community Development to adopt a bill for an o rdinan ce adopting If/; I I Jr 6 I ' amendments to Section 16-4-19 of the Engle wood Mun icipal Code ~ pertaining to the Sign Code and to schedule a Public Hearin , 2000 to gather input on th is matter. STAFF SOURCE: ri Dannemille , · '1 " Planning Analyst. b . Approval of Ordinances on Second Reading. / P ..... note: If you have a disability and need auxiliary aids or services , plHse notify the City of Englewood (303-712-2405) at lent 48 hours in advance of when servicM are needed . Thank you . -. • ~ . ' . I . 0 • Engl-oocl City Council Agenda April 3 , 2000 Page4 f·1,,,, ¥ ·~ Resolutions and Motions. a. Mayor's Choice . , .... n.W b . Council Members ' Choice . .. p ,,.-- • .. • -' ~-.d1{ _ ~i. A resolution authorizing the City Manager to interpret the Englewood ~vv ~ ~~~l~f~~w~lk;)May11 ,2000 . 13. City Manager's Report . /9 b 1 ~ 0 ~ ) a. CityCenter Englewood ljJ)date . 14 . City Attorney 's Report . Adjournment. 1:/C~ The following minutes were transmitted to City Council betwee n March 17 and March 30, 2000 : Englewood Planning and Zoning Commission meeting of March 7, 2000 . P..._ note: If you have • dlublllty and need auxiliary aid• or ..vices, pl .... notify the City of Englewood (303-712-2405) at 1 ... t 48 houra in advance of when Nl'Yic:N.,. needed . Thank you. -. ------ ' ~ ,. .. .. I . () .. 0 -... k__ /0 /,()4 day,!; w ~ 1100 ? ~ 4 -fi, ~ (lie..,/ :)/Ji) a.,.,-. C ~ ()b, ~~ ~ J :).350 .... {).5~1../ ;).t,{I ~ ..:l '-'i't @0(0' jd>(}:) )J~ • • I . • •