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Home My WebLink About2000-01-17 (Regular) Meeting AgendaI. ·,..'I"""" .. · .. .. ,r ., • • -.. January 17, 2000 Regular City Council Meeting ,. . '> • .. 0 - • ,,,- • l • ~-· • -' Regular City Council Meeting JANUARY 17, 2000 ORD # 1, 2, 3, 4, 5, 6, 7, 8, 9 RESO ll I 4, 5, 6, 7, 8, 9, 10, 11, 12, 13 • • , . ,. .. • . I 0 • • 0 0 I • C, 32X • • -. I . Call te Order • • --· • ·~· • -' ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Jaaaryl?,2000 ... The regular meeting oCthe Englewood City Council was called to order by Mayor Bums at 7:32 p.m. 2. lavacadaa The inwcalion -given by Council Member Nabbolz. 3. ftedF flll ,\llepiace The Pledge of Allegiance -led by Mayor Bums. 4. Roll Call Present: Absent: A quorum -praeal. Council Members Nabholz, Grazulis. Garrett, Bradshaw. Wolosyn, Ywtbic:t, Bums Nolle Allo praelll: City MamFr Sclni City AIIOnlcy Brommm City Clerk Ellis S. Mialltel DiRc:tor Bia, Parts and Rccn:ation DiRc:tor Gryglewicz, Financial Savices Senior Pi-Graham, Community Development (a) COUNCll.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR CITY COUNCll.. MEETING OF JANUARY J, 2000. Ayes : Nays : Abslain : Motion carried. 6. Sclledllled Vlliton Council Members Nabbolz, Garrett, Bradshaw, Yurchick, Grazulis. Burns Nolle Council Member Wolosyn (a) John Weigel, President of the Englewood Fire Fighter Association, was present to express appm:iation to Susan McDoancll , Viclim Services Coonlinaor, for the service she provides the Dcpartmcot and the a>mmunity . Mr. Weipl thanud QiunciJ for lllowiD& bim ah IDiDma to RCOpil.e a lady who worts for the City, Susan McDoancll the Victims AllillaDce Coonlimtor for tbc Deplrtmmt of Safety Services. He noted he docs DOI ba\'C a job clclcriplioa for what sbc doca, bul tbc belt -.y be can clclcribc what she docs is to say . . 0 I . 0 • • -. Eqlewood City c-il J-•ry 17, ?a Pqe2 p ,,.. . • • - .. .. ' she helps people in difficult times. He advised that the n:ason he is here is because the firefighters, paramedics, driven and lieutenams feel it is imponant for the elected officials of the City, the City -,emcnt and the citimls of Englewood to know bow much this lady means to us. Because, he said, they have called on her many times to help them tbrougll many, many difficult times . So, he said, in recognition of the tremendous service she gives to the people of Englewood, they would like to present her with a leua of appn,cialion . Mr. Weigel read the Idler. "A leua of appccialion to Susan McDonnell. The Englewood Fire Fighter Association wishes to acknowledge your c-,cotaoding ll!IVicc and pru(eaionalism as the City 's Victim Assistance Coordinator. Your personal efforts enable the Dcpatmcnt of Safety Services and the City to better serw: the people of our community. The people ofEaglewood are fortumle to have someone with your empathy and a,mpassion wil1iDg to help them in their moments of need, and through their trials and tribulations. We wish to extmd our sincere appreciation and lartfdt patitude for your devotion and commilllalt to the people of Englewood. Very respecdially, the Englewood Fire Fighter Association ." Mr. Weigel noted that was the formal letter, but this is what he would really like to say to Susan . ~0ear Susan, The firefighter's, paramedics, driven and lieutenants of the Englewood Fire Fighter Association wish for you to know how grateful we are for you being here to help us. We hope these few minUles we take this evening to thank you wiU reveal the high regard and admiration we bold for you . When you answer our caU for help we ask you to step into lives of people who are going through very emotional and extremely difficult momenlS. Moments that are fuU of sorrow, guilt, and blame . At times it must be hard, very, very bani. And you do it with composure and dignity. Many people at some point in their lives reflect on what they have aa:omplisbed. Molt .. themselves whether or not they have helped their fellow man. We are here tonight bcc:ausc there are • least 50 people who feel you have helped many people: many times. The people of EogJewood, IIIOle who live here. wort here and visit here are fOl1Wlale you lm-e cbolen to share with us your UDdenaanding and compusionale heart. You are a remarkable woman and a fine lady. The purest, the clearest way to express our appreciation is to simply say, we thank you . The Englewood Fire Fighters." Mr. Weigel also praenled Ms. McDonnell with a plaque. which he read . "Praented to Susan McDonnell . We wish to extend our sincere apprccialion and lartfdt gratitude for your devotion and commitment to the people of Englewood . Englewood Fire Figl,cer Association, Local 1736 ." Ms . McDonnell said thank you so much. Mr. Weigel also preselUd Ms. McDonnell with a non-refundable, non-rerumable ... you have to use it or lose it ... gift certificale to Vail Aslociales . Ms . McDonnell thanked him. Ms . McDonnell staled she is rally overwhelmed bY this, that she doesn't know what to say . Ms . McDonnell advised that she bas a wonderful Slaff" of volunteen that help her for victim assistance and she couldn't do the wort she does without them . She said lhe really appm:iatcs this and she thanked Mr. Weigel again. Mr. Weigel noted they also 1C11t I ldter of apprecialiaa to her wluntcers who serw: in the Department of Safety Services Victim Assillance Offia:: Lynn Sena, Norma Wier. Ellen Krascck, Margie Gunter, Tori Whitney, Debi Medlodt. Alia: Amabu.io and Nancy Barton. Council Member Nabbolz said lhe would like to ay aometbing on a penonal kMI. She stalCd that Ms. McDonnell helped her through family tragedies and penonal tragedies and she wuted to thank her. Mayor Bums staled we have heard so 111111)' complimCllls about this lady, that it is rally remarkable the wort she bas clooe . On behalf of Counci~ be said, be wmcd to congratulate her and the Englewood Fire: Fighters. • ., • I • 0 • • -. EqlewNIII City Caucil J-,,17,2111 l'alel 7. ,. /. • • - .. .. (a) Jim z.avisl, RTD DircclDr, Di11rict D, adviled that Mayor Webb appoimed him to fill a vacancy on the R11> Board to replace Alan Fleming. Sina: Englewood is in part of bis dislrict he decided he should come down and introduce himself. He puacd out bis business cards to Council in case they would need to Ff a bold of him. Mayor Bums DOICd that he goc here at the rigbl lime, 1h11 in about six months we arc going to have a nice cdebnlioo. ••••• Council Member Bradshaw said she would like to say comdbing to Susan McDonnell . She commented that she met Susan her tint year here. She noted she was a aJUllldor • the High School and she thought it was baptism by fire for both of them tbat year. Ms. Bradlllaw 5laled that Ms. McDonnell serves our citizens so well , that we arc so blessed lo have her here. Ms. McDonnell said thank you so much . 8 . Co-••lcatiou, Prodaaatiou utl Af•alatamu (a) A proclamation honoring Ricblnl Randall, managing partner of RACO Family Partncrsbip. for bis generous donation of a parcel of land to aa:ommodatc the continued development of the Big Dry Creek Pedcstrian/Bike Tnil was considcRld. Mayor Bums noted tbal last week. when they bid a melding about the Big Dry Creek Pedcstrian/Bike Trail. WC leamcd tbM Mr. Randall bid gcncrously donated a p.-cd of land lo US IO accommodate that trail . Director Black noted that., as the Mayor said, we tallcd a lialc bit last week about tbc pedestrian trail going down to the Platte River and the two people llallding brre arc rapomible for helping us get there. He advised that they dooalcd the land tbcrc and we arc ll)ing to IIIOYC fonwrd with the trail syslem. Mr. Black stated that it is people like the Randall's that rally make this commwlity a great place to live , we arc very fortunate to have them in Englewood. Mayor Bums read tbc proclamMion in its eotirccy . He noted the proclamation is signed by every member of the Council . Mayor Bums presented the proclamMion to Mr. and Mrs. Randall and on bcbalf of Council he stated that they rcally aippnlCiatc their gift. He noted it will soon be an extraordinary bike and pedestrian trail . He thanked them for their generous contribution . Mr. Randall said they thank God tbat they were able lo do this and they arc rcally looking forward to the bike path. Council Member Biadsbaw said she would like to make an editorial COIDJIIClll. That she would like to cncouragc the other land owners on the Big Dry Creek corridor lo follow the example set by Mr. Randall and bis family . COUNCll. MEDER allADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE THE PllOCLAMAffON HONORING IUCIIAllD RANDALL, MANAGING PARTNER OF RACO FAMILY PARTNERSHIP, JOR BIS GENEROUS DONA DON OF A PARCEL OF LAND TO ACCOMMODATE THI CON11NUID DEVELOPMENT OF THE alG DRY CREEK PIDISTIUAN/alKI TllAD... Ayes : Council Members Nabbolz. Garrett. Biadsbaw, Wolosyn. • .. I· 0 • ~CltyC-U J~l7,28IO ...... 1-.. ,• .. ~ ,,-- • • • Yun:bict. Clnzulil. Bums Nays: None Molioa canicd. 9 ......... No pul,lic bearing -scbedulcd before Council . 10. C.....A..- .. COUNCIL NDDU GAIIU'ITMOVED, AND ITWAS SECONDED, TO APPROVE CONIDIT AGDIDA ITDIS It (a) (I) AND It (c) (I) _. (ii). (a) Appn,val af Onlillllnca oa Finl Rcading ., (i) COUNCll. BIU. NO. I , INJ'ROOUCED BY COUNCil. MEMBER GARRETI A BIU. fOR AN ORDINANCE AMENDING 1Tl1.E 12, CHAPTER ID, SECTION 4. CHAPTER 2, SECJ10N 3H, OIAP'raR 5, SECJlON 6A, AND CHAPTER 8, SECTION 10, OF 1llE ENGLEWOOD MUNICIPAL CODE 1915, PERTAINING TO STAIB MANDATED LIMITS FOR LATE CHARGES FOR WATER, SEWER, STORM AND CONCRETE CHARGES . (b) AppnMI af Ordinanczs Oil Sccoad Reading (c) Resolulions and Malm (i) RESOLlmON NO. 3, SERIES OF 2000 A RESOLtmON ESTABLISHING FEES FOR IDSTORIC PRESERVATION DESIGNATION APPLICATIONS FOR 11IE CITY OF ENGLEWOOD, COLORADO. (ii) PURCHASE OF TWO S11tFET SWEEPERS 111ROUGH 11IE STAIB OF COLORADO BID PROGRAM FROM FARRIS MAOUNERY COMPANY IN 11IE AMOUNT OF 182,850.00 PER UNIT (A TOTAL OF $165 ,700.00). Ayes: Council Members Nlllbolz, Gama, Bnllllbaw, Wololyn, Yun:bict. Clnzulil. Bums Nays : None 11 . Replar AaeMa (a) Approval af Ordina:a oa Finl Rcading (i) DirectorGlyglcMcz preaemta .-....,.....,-oa from the City Clerk 's Office and the Eaglcwood Liquor l..icmlias Aadlorily ID adapt a bill for• onliaacc emblisbing 1111 Optional Premitm Liquor U-ad ()pliaal "--widl ....,..__ Liquor l..ic:clllc in the City of F.nglewood. He ad¥iled .... bill for. Glllillace ..... Clllllllilll. ill die Clty Code, .. Optioaal Premitm Liquor U-will! ()pliaal "--~Liquor l..icClas wilbin the City of ., ,. I· 0 • • ,. • ... • - ~CityCeadl J-ry 17,2881 ... 5 Eqlewood. Mr. Gryglcwicz lllled tberc -• wee November 2. 1999 thal allowed the City to CSlablish the Occ:upalional Tax for dlCle -lia!lml. The City Clerk was asked to rad die council bill by lide: COUNCil. Bill NO. 4, INTRODUCED BY COUNCil. MEMBER BRADSHAW A Bill FOR AN ORDINANCE AMENDING 1Tl1.E S. CllAPTER 38. SECTION 10. OF 11IE ENGLEWOOD MUNICIPAL CODE 191S. W1111111E ADDmON OF A NEW SECTION 10. PERTAINING TO OPTIONAL PREMISES LIQUOR LICENSE AND OPTIONAL PREMISES Wl11-I H01EL AND RESTAURANT LIQUOR LICENSE IN 11IE CITY OF ENGLEWOOD. COLORADO AND RENUMBERING 1llE CURRENT SECTION 10 TO SECTION 11. COUNCO. MEMBER BRADSIIAW MOVED, AND ff WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCO. BIIJ... NO. 4.. Ayes: Council Members Nabbo1z. Gamn. Bradshaw, Wolosyn. Yurcbic:k. Gruulis, Bums Nays: None Motion carried. (ii) Director Gryglewicz pracucd a ra:ommcndation from the City Clerk's Office and the Englewood Liquor Liceming Aulbority to adopt a bill for an ordinance amending the Englewood Municipal Codie n:garding Liquor Oc:aipalioaal Fees . He advi9Cld thal this bill for an ordinance establishes die Ocalpalional Taxes for die Brew Pub I...-. ()pli-a Pn:miaes Licleme, Optional Pmniscs with HOld/Ralaunal. Mini-Bir and cleans up Tide S. Clulplcr 38, Seclioa 3 of die City Code. The City Clerk -asked to rad die council bill by lide: COUNCil. Bill NO. 3. INTRODUCED BY COUNCil. MEMBER BRADSHAW A Bill FOR AN ORDINANCE AMENDING 1Tl1.E S. CllAPTER 38. SECTION 3, OF 11IE ENGLEWOOD MUNICIPAL CODE 191S, WHICH PERTAINS TO LIQUOR OCCUPATIONAL FEES . COUNCO. MEMBER BRADSHAW MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCO. Ill.I. NO. 3. Ayes : Council Members Nabbolz. Gamn, Bradshaw, Wolosyn. Yurcbic:k. Grazulis, Bums Nays : None Motion carried . (iii) A n:commeodllion from die Deplr1mcd of Parts and Rccrmion to adopt a bill for an ordinance ubormog acoq,CIIIC~ ofa grant of property from RACO . Family Partnership (RBI) for the continued clefflopmeot of the Big Dry Creek Pedestrian/Bike Trail was considcrcd. Mayor Bums noced thal this is die aca,peaooc of the gift lbll we just rccognm,d. Director Black aid we lalkecl about Ibis 1111 week and we jlllll bad the praenlllion to the Randall family. He advised dial this council bill is die formal aa:epemia: of that piece of property that was donated . The City Clerk was asked to rad die council bill by tide : COUNCil. Bill NO . 2. INTRODUCED BY COUNCil. MEMBER GARRE1T • I· 0 - • • • Eaatew ... City c.adl Jaaary 17, 2000 ... , • • -.. A Bll.J. FOR AN ORDINANCE Al111fORIZING 11fE ACCEPTANCE OF A GRANT OF PROPERTY FROM RACO FAMILY PARTNERSHIP . COUNCIL MEMBER GAIUlE1T MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 2. Ayes : Council Members Nallllolz, Gama. Bradlblw, Wolosyn, Yurcbict. Cnzulis, Burns Nays : None 'l'llcft were DO ilcm Ullllilted for approval OIi IIDIXllld reading. (C) Raolutions and Moliom (i) A recommendlliaa 6-lbe c-muaily Development Depanmc:nt to adopt an iDcluc:ancac raolutioo supporting an IIJPlicalioa for Pri"* Activity Bonds -oonsidcrcd. Mayor Bums advued tbll this is the one they talked about in Study Session. Senior Planner Gnibam noted they submitted this inchlct'llll'II! reeolutioo relating to the Private Activity Boad for Council's c:oasidcnlion, as -cliscuad in the Study Session. Mayor Bums called for a maaaa. NO MOTION WAS MADL Mayor Burns IIUred dlll llllller is loll 1111d will be brought up at IIIOda time unds lllOlber _....,........ they hope . He advued 1h11 they do 11JPP011 development of this kind of a prupan for Eaglcwoocl anti Ibey think a lalcr time is a bclter time . 12 . Gasal ....... (a) Mayor's Choice (b) Council Member's CllOicc Mayor Bums noted they bad Mayor's CllOicc and Council Member's CllOicc at Study Session . ••••• Mayor Bums asked if anyone bad anything dsc. Council Member Nabbolz said sbc would like Council's c:oasidalllioo to allow her to aacnd the National League of Cities Conference, March 9 through 15, at a cost ofS2,764.00. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THI. COST or $2,764..11 ,oa COUNCIL MEMBER NABBOLZ TO A1TI.ND THI. NATIONAL LEAGUE or CITIES CONnUNCI., MARCH t TBllOIJGB 15. Motion carried. Ayes : Council Members Nallllolz, Gama. Bradlblw, Wolosyn, Yun:bic:k, Gluulis, Burns Nays : None • .. I· 0 - • • -. ,... . • . .. ,, • • .. Ea&lewood City C•IICil J.-.ry 17, 2000 Pqe7 Mayor Bums said be would like a similar mocion for approval or bis attcndancc at the same NLC Coofen:oce • a aJ5l of $2,874.00. COUNCIL MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE TH.IE COST o, S2,17UO FOR MAYOR •URNS TO ATTEND THE NATIONAL LEAGUE or CITIES CONFERENCE, MARCH 9 THROUGH 15. Ayes : Council Members Nallbolz, Garrett, Bradshaw. Wolosyn. Yun:hick. Olazulis. Bums Nays : None Motion carried. Council Member Grazulis advised dial libc woukl also like to aacnd the NLC Conference March 9 through IS • a aJ5l of $2.1164 .00. Also. libc said. for the fine time we bavc a youth deleplc. Mike Heberling, and she would like to be bis chaperon. She DOied be will be 18, u of March 1 •. Ms. Grazulis Slated he served four years on the Libnuy Board and two yc:an on the Cultural Ans Commission. He has alrcad}• picked oul several of the seminars be wishes to attend 111d looks forward to going. His aJ5l is S2.S29.00. Mayor Bums pointed out that NLC has been cncouragjng youth panicipation al lhcsc conferences for the pan couple of years . COUNCU.. MEMBER •RADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE THIE COST OF S2,IW.N FOR COUNCIL MEMBER GRAZULIS TO ATTEND THE NATIONAL LEAGUE or CITIES CONnUNCE, MARCH 9 THROUGH 15 AND THE COST or 52,529.00 FOR MIKE IIDEllLING TO An-END AS A YOUTB DELEGATE. Motion carried. Ayes : Council Members Nallbolz, Garrett, Bradshaw, Wolosyn. y urc:bick. Olazulis. Bums Nays : None • •••• Council Member Bradshaw asked ifwc beard back from Mr. Miller or Jolm Loss on how the meeting went on the 12• with Bed, Bath & Beyond . Mayor Bums advised that be asked about tbal lhis morning. bul he understands WC don 't know yet. • •••• Council Member Ganetl said. again. be would at some poinl. like to have a Study Session with Council to ddenninc what outside lnl\'d Council sbould be participating in and discuss doing it in a cohesive manner, with a plan, u to how Council should dclcgMc their resourc:a . City Manager Scan asked if be would you like Slaff to provide a calmdar with the different conferences. COUDcil Member Ganetl DOied that Council just approved $10,000, which to him is a Jot of money. He suggcsled maybe Council sbould dcsipatc people to go to certain places. But be thought that Council should indicate dlClc arc the lhings we arc CXllllllliUed to . He pointed out that dlClc arc taxpayer 's dollars and maybe there arc other lhings Council sboulcln 't be u IXIIIUlliaed to. Tbcac lhings tend to come up, in bis view, as "oh yes. this one is a,ming up and oh, that one is coming up ... and who goes and who docsn 't go." He said be would just like to have a policy . Council Member Bradshaw said they had a policy wbca libc -on bcfon:. • ., I . 0 • • £aalewood City Caucil J-ary 17, 2000 ..... _, .. • • -.. Mayor Bums c:ommeated that be lbims they ICCllally do have a policy. City Manager Sears advi9cd they will give Council a a,py of their current policy and maybe Ibey can use 1h11 as a springboard m:I Ibey can lake a look al Ibis . ••••• Mayor Bums com........., diat we don '! CJblenoe Martin Ludlcr King Day in Englewood and. even though we visited Ibis iaue • one lime, be would kind or like IO lake a look al ii again. He IIOICd a number of oda cilies don '1, bul a lol orlban do and be was jusl kind or wondering why we doo 't He thought we sbauld lake a look a1 • apin. Mayor Bums llicl be mows pan or i1 is having peop1e off and !he eos1 and expcw to die City, lbal be n:membas 11111 from !he .... Bui, be said, lbcrc are a lo! of cities paniciptting in aclivilies !Oday ud be lbougbl we sboulcljusl lake a look 81 it Council Member Bradshaw asked if be saw !he paper !Oday . Mayor Bums said be had and !he Denver Poll, • lcall, bas a list or cities and ii says, or counc, diat !he aJWts are closed and lbcrc is no mail cldMry. 11 IIIClllions Englewood, Fcdenl Hcigbls, Golden, Lildelon, Monison and Northglenn \\ill keep !he offices open. He llicl be doesn 'I know wbdber all die resl don 'L Some have recreation centers open, bu! not !he City Hall, so it is son of a smaacring or cliffcren1 ooes. City Manager Sears acknowledged that we did receive 11everal calls !Oday. especially from !he local media aboul Iha! and be had Sue Ealon respond IO 1bose types of queslions . He e,cplaincd that part of ii is a policy clecision by the Council and ii is also a budF1 dDcisioa Iba! we can take a look 81 lbal Mr. Sears said Ibey would give Council a rq,ort back on !he billOly of 1h11. He said be lhinks ii is a very timel y issue that lhc City sbauld lalle a look al Council Member CillTell DOied some places, lille with bis employer. Ibey cclcbrlllc today and Ibey do not celebrlle Presideal's Day ... it's a lrade4. Mayor Bums IIOICd 1h11 • bis ollicc buildiag, DCX1 door al die bak, the management company celebrates it and Ibey are not open. So, be said, some hash are doing ii 100. City Managcr Sears commemed tbal part al it bas IO do wilb die agrecmm15 we have with our lhree -=iatioas, 1h11 ii is not ra:ogni7.cd as a holiday . 'lbcR have bcm some discussions in !he pas1 about swapping one or !he other, bul tbal bas not been approved as pat or those COl!lntcts. We have tried to figuR OUI a way IO clcal with that, be said, maybe put al the City would not be off and !he other part of lhc C ity would. For police and fire 1h11 probably would not maacr, be DOied . He said be docs not know lhe llabli, bul Iha! was DOl one lhal was negotialcd. So, be said, lbcrc an: some complications !hat have not aUoMld 11110 111CM: ahead. He advi9cd we are in !he pnaa of DqlD«iNing with lhe firefighters here shorlJy and be can probably say lh8I should be a topic or all dne of the DqlD«ialions as Ibey proceed . Mayor Bums llicl be recalled 1h11 we had that nation wide diversity coafemice that Flood was involved in a few mondis ago . He commented 1h11 as he went around 10 !he DARE padullions las! year be noced we have a lot or diversity in our schools in Englewood and it will probably become more so, so be thinks it is time we take a look al this . 13 . City Muqer'1 Report (a) City Managa Sears asked if ii would be acccpCable 10 set !he board and commission interviews up for 7:30 p.m. on Monday, which would be after !he discussion aboul tenanlS with David Tryba and the discussion about real c:Slalc. • I . 0 - • • • I l'I wNIIOC,C...U J-,, 17, JIii ... , .. ~ ,,-- • • - • .. ' ., Mayor Bums aid be llllllcnood they wwkl oa1y be iDlc:rviewillg die_. applicants . Council Member Bradlllaw adviled there -• or lMlft f!ldlea City MaaF' Seas med if C.oancil wwkl pie Ilia a lilde bit '11 lalibllc, dllll if there is rally IIOlbing ..-rill dlll we c:aa cover at 11111 tiae • -f!lilllll--., dlll *>' c:aa IC:t die illtavieM culicr, IIIIY It 7:00 p.m. However, lie aid, if there· -.._ iawalwd, *>' will 1111b die decision in die next CXlllple '11 days in._ '11 ll:aillg ii .. for 7:]0 p.a. City Ma.pr Seas aid patalil ii ... ~ -....... ---lllked ... cadia', lbll Miller Wll l!lppGml to lla¥e dDae ia tepid to .... Niew ad Ille *-'I bow wllal die .... f!ldlll is. So they will It ... llaye ... iab811DiM llwillllle for die~ -a Maada)' .... ad lllapdillly ii will be 10 die palilM ad we will_ ...... If il im'l ID Ille pOlilM. Ille aid, lllCII c-:il .. med IO like a lam It dllll. C.auncil Member Bradlllaw lllled lbe dliab *>'..SID bow lllleir aplima. 14. Cily Aaeraf'• ...... City Attorney BnJtmlal diet DOI haw: ay lllltlerl to briltg bdcR C.auncil . 15. Mjaa....-~d~ro-n.--.. ~·- ~ • ~ ~ .. • .. • I . 0 - • • 1. 2 . 3. 4 . • ,,... .. • • -' AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY. JANUARY 1 7, 2000 7:30 P.M. Calltoorder. tJ:3.J...~ Invocation. /)~ Pledge of Allegiance . ~ Roll Call . 5 . Minutes. ~ ftJ-()-/a . Minutes from the Regular City Council meetin g of January 3, 2000. ~ ',r"'~/IJ: /IJoU)S."/A.)) _,, 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) 7. a. John Weigel , President of the Englewood Firefighters Association , will be present to express appreciation to Susan McDonnell, Victim Services Coordinator, for the service she provides the Department and the community . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) A., ;{//M. Uflsr -1!.T~ l}JU{!rf)L; 1)/.Sr,fteT I) 8 . Communications, Proclamations, and Appointments . / a . A proclamation honoring Richard Randall , managing partner of RACO Famil y Partnership, for his generous donation of a parcel of land to accommodate the continued development of the Big Dry Creek Pedestrian /Bike Trail.~ PINN noa: If you have• dlNblltJ and IINd auxJllary aids or WYlc:N. plNN notify the City of Englewood (303-762-2405) at 1Nst 41 hours In advance of.._, NnicN .. l'INdad. Thank you. -. .. I • 0 • • .. • ,,..-·· • ... .. • -' Englewood City Council Agenda January 17, 2000 Page 2 9. Public Hearing. (None scheduled) 10. fr onsentAgen~lrlJ.JA -fr~~M~ JJ/'Mttr~~ /(}a._;· a. prova'I ~8r~i;;K~es o;Ti,(. R'¥a/1i~ ~ / () (!_. / y-// i. COUNCIL BILL NO. 1 -Recommendation from the Utilities Department to adopt a bill for an ordinance amending the Englewood Municipal Code to comply with State mandated limits for late cha rges for Water, Sewer, Storm, and Concrete. STAFF SOURCE: Stewart H. Fonda, Director of Utilities. b . Approval of Ordinances on Second Readin g. g c. Resolutions and Motions. -i. Recommendation from the Communit Development Department to adopt a resolution establishing fee fo r Hi toric Preservation designation applications . STAFF SOURCE: Lauri Dannemiller, Planning Analyst ii . Recommendation from the Department of Public Works to approve, b y motion, the purchase of two treet sweeper . Staff recommends purchasing the street sweeper through the State of Colorado bid program from Farris Machinery Company for a cost of $82,850 per unit (a total of $165 ,700). STAFF SOURCE: Ken Ross, Director of Public Works. 11 . Regular Agenda . a. Approval of Ordinances on Fir st Reading . -i. ii. COUNCIL BILL 0 . 4 -Recommendation from the City Clerk 's Office and the Englewood Liquor Licensing Authority to adopt a bill for an ordinance establishing an Optional Premi ses Liquor License and Optional Premises with Hotel/Restaurant Liquor License in the City of Englewood . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services and Brenda Casde, Deputy City Clerk. ~ COUNCIL BILL NO. 3 -Recommendation from the City Clerk 's Office and the Englewood Liquor Licensing Authority to adopt a bill for an ordinance amending the Englewood Municipal Code regarding Liquor Occupational Fees. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services and Brenda Casde, Deputy City Clerk. ~ P ..... note: If you haV9 • dlublllly and IINd auxlllary aids or wvtc:es, plNN notify the City of Englewood (303-762-2405} at ..... 41 hours In advance of when MrVk:es 819 IINded. Thank you. -. ., ~ I . 0 • • ' . .. • • -.. Englewood City Council Agenda l'anuary 17, 2000 Page 3 _iii. tiffd'l-0 COUNCIL BILL NO. 2 -Recommendation from the Department of Parks and Recreation to adopt a bill for an ordinance authorizing the acceptance of a grant of property from RACO, Family Partnership (RBI ) for the continued deve lopment of the Bi Dry Creek Pedestrian/Bike Trail. STAFF SOURCE: Jerrell Black, Dir or of Parks and Recreation ad b. C. Dave Lee, Manager of Open Space. Approval of Ordinances on Second Reading . £)- Resolutions and Motions. ~-i. Recommendation from the Community Development Department to adopt an inducement resolution supporting an application for Pri vate Activity Bonds . (N ote: Resolution will be distributed prior to the City Council meeting on Monday .) STAFF SOURCE: Marie Graham, Senior Planner. 1 2. General Discussion . a . Mayor's Choice. APP'D7-0 b . Council Members' Choice . APP'D 7-0 APP'D7-0 13 . City Manager's Report. a. CityCenter Englewood Update. 14. City Attorney's Report. BRADSHAW MOVED TO APPROVE TRAVEL FOR NA8HOlZ TO NLC, MARCH 9 THROUGH 15 AT A COST OF $2,784.00 NABHOL.Z MOVED TO APPROVE TRAVEi.. FOR BURNS TO NLC AT A COST OF $2 ,874 .00 BRADSHAW MOVED TO APPROVE TRAVEL TO NLC FOR GRAZUUS AT A COST OF $2 ,864 .00 N«J MIKE I-EBERLING, A YOUTH DELEGATE , AT A COST OF 125211.00 Adjournment. 3: 61) ~ The °'~es were transmitted to City Council bet\vee n December 30, 1999 and January 13 , 2000: Englewood Parks and Recreation Commission meeting of Novembe r 11 , 1999 Englewood Liquor Licensing Authority meeting of December 1, 1999 Englewood Planning and Zoni ng Commission meeting of December 7, 1999 Englewood Liquor Licensing Authority meeting of December 8, 1999 Englewood Parks and Recreation Commission meeting of Decemb er 1 2, 1999 Englewood Code Enforcement Advisory Committee meeting of De ce mber 15, 1999 P ..... nota: If you have• dlNblllty and need auxiliary aids or wvlc:N, pleMe notify the City of Englewood (303-782-2405) at INat 48 hours In advance of when NrY1c:es .. IINded. Thank you . • I • 0 • • -. ... ~ -• '··· .. • -' Sa ENGLEWOOD CITY COUNCll. ENGUWOOD,AllAPABOE COUNTY, COLORADO .J--,J,2111 I . Cal te Or*r 1be aqu1ar mediDg al the Enpcwood City Council -called tD order by Mayor Bums at 7:38 p.m. 2. .._.._ 3. ....., .. 9' u 1be PledF al Allegilnce -led by Mayor Burm. 4. ...Cal Council Members Nabllolz. Gnzulis. Gama. Bradshaw, Yun:hick, S. Miaaeel Bums Council Manbc:r Wololyn City Ml-., Scan City Alloracy BRJCzmlD City Clerk Ellis Director Black. Pam and RmatioD (a) COUNCll. MDIKll N.UBOLZ MOVED, AND rr WAS SECONDED, TO APPROVE TD MINUTES OF TD IIEGULAR CITY COUNCll. MEETING OF DECEMBER 20, 1"9. Ayes : Nays: Absent: Motion carried. Council Mcmbm Nabbolz, Gama, Bradshaw, Yun:hick, Grazulis, Bums None Council Member Wolollyn 8. c-nn:airadeee, Predanedeee _. AJ• I I ti • ~ . ' I . 0 ]- • • -. .. ~ • .... 1 .. ... • • ' .... ••CicyC-8 J-.-yJ.JIII Patel 9 . l'lllllic 11--a No public i-mg -ICbeduled before c.-:il. 10. C.-. ,\,-la (a) Approval ofOntilllaca oa Finl RadiDg There Ml'C DO items lllbmilllld filr appn,val Oil finl radiag. (b) Approval of Ontilllaca OIi Second RadiDg There Ml'C DO items IUbmilled filr appn,val Oil ~ reading. (C) Raohlliolll llld Moliolll COUNCB. MDDEll GAlllll'1T MOVED, AND rr WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (I), (I), (ii) u4II (iv). (i) RESOU.ITION NO. 1, SERIES OF 2000 A RESOLt.mON DESIGNATING 11fE BUllETIN BOARD IN 11fE LOBBY OF ENGLEWOOD CITY HALL AS 11fE OFFICIAL POSTING PLACE FOR ALL NOTICES OF 11fE CITY OF ENGLEWOOD. (ii) RESOLt.mON NO. 2, SERIES OF 2000 A RESOLt.mON AMENDING RESOLt.mON NO . 40, SERIES OF 1996, "ESTABLISHING FEE SCHEDULES FOR WATER SERVICE." (iii) PURCHASE OF PIPE AND PIPE FITllNGS FOR 11fE MCBROOM DITCH. (iv) BID FOR 11fE REHABILITATION OF 11fE SHERMAN ELEVATED WATER STORAGE TANK. Ayes : Nays : Ablalt: 11 . ......,\,-la CouDcil Members Nabbolz, Gama, Biadlbaw, Ywdlick, Grazulis, Bums Nooe CouDcil Member Wololyn (a) Approval of Ordinanca oa Finl Reading There Ml'C DO items IUbmiaal filr approval Oil finl reading. ••••• • ' .. • I . 0 - • • • • ,, ,,-. • • -' EaakwlllNI City C-.il .J..ary 3, 2000 Pqe3 Mayor Bums noted be bas been advilCICI 1h11 -aclllalJy do not have approval of an ordinanc:c on second reading. He Slaled lhal the item litled OD the A.-. 11 (b) (i) is actually a motion and will be considered under 11 (c) (i), R.csolutiom and Mobom. Tbcrc were DO items liUbmiaed for approY&I OIi leCOlld reading. (c) R.csolutions and Motions (i) Director Black prelClllcd a l'CICOIIIIIICllon from the Parts and Recreation Depanmmt ID approve, by molioo. a privalc lic:cme for Boy Scouts of America Troop No . 92 to use C'entmnial Park Lake for canoe handling educalion. He advised lhal this scout group bas been asing Centennial Lake for ten or twelve yean now. They use the lake for training for their merit badges for canoeing. Mr. Black noted -have bad a rdalionsbip with this group for a number of years and it has always been positive . With this agrccmcol they will provide proof of i.nsurancc and SlalC that proper supervision will occur, be said. He: SlalCd Slaff would ccnainly suppon approval of this agreement COUNCD.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PRIVATE LICENSE FOR BOY SCOUTS OF AMERICA TROOP NO. 92 TO USE CENTENNIAL PARK LAICE FOR CANOE HANDLING EDUCATION. Ayes : Council Members Nabbolz. Gam:tt. Bradshaw, Yurcbick. Grazulis, Bums Nays: None Absent : Council Member Wolosyn 12 . c--.1 DilClllliaa (a) Mayor's Cboicc (i) Mayor Bums wished C\'Cl)'ODC a Happy New Year. (ii) Mayor Bums noted they had another tour of the Civic Center this afternoon . He said it bas moved along ralbcr nicdy in the couple of weeks since be had been there. He commented that it is really going ID be quite a building and there is a lot of open space in it, obviously. Mayor Bums opined lhal -arc rcaJly getting like two clollan for CYCI)' dollar spent, because the building was transferred to us in the Cinderella City UllmaClion. So we arc gcaing a lot of bang for the buck over there . It is coming along very nicely , be said, and he tlankcd Slaff again for the good tour . (iii) Mayor Bums noted tbat, obviOU51y, we had very few, if any, Y2K problems . He said be did call the CCIIICr late on the night of New Year's Eve and it was very quiet, there were no real problems . There were a few fireworks going off, he said, and a few people fired their guns in the air somewhere in the community. Mayor Bums mmlDfflfl'ld that we didn't have ID be disappoinled. as some of the papers were, tbal wc didn 't have insurrectioa and blawls in the llrects. He: said be wasn't sure what some of the IJla& was looking for,• least in the dailies. Mayor Bums said he wanted ID c:ongrallllatc Doll Scboenbein and Safety Services gcncrally. Mayor Bums swcd they rcaJly did an excellent job of preparing for this. He noted that some people say, '"was it all needed." He said be thinks tbal the fact tbal 10 little bappcoed shows that they rcaJly did a good job, so he MIited IO c:oagrllulate them OIi tbal. (b) Council Member's Choice • . I . 0 • • • Eqlewood City CNIICil J-ryl,2000 .. , (i) Council Member Nabbolz: .. ,,.-. • • - I. She advised that on the 2"14' of December she bad a young man come to her door representing that be was with Englewood High School and Ibey were Idling mapzines to earn points to go to Cancun. He bad quite a story. she said. He wanred cash and cash oaly and then be told her she could postdate a check. He told her be was Cadly Miller's son and the only Cadly Miller she knows works for our Utilities Deparunmt. Ms. Nabbolz uked him when: his mocber worts and be said she docsn 't, she is a housewife. The kid pushed and pushed and pushed for moaey, she said, and be nailed about four of her neighbors and got the cash for these magazine subscriptioas. She .-eel she posldaled a cbeck to the lo"' of January and invnedi#ely put a stop payment oo it and called the Admin Building and spoke to the High School. She was adviscd that there is DO such program going oo. Council Member Nabbolz said she talked with Cher TuOy II the Altcm#ive High School and Ibey have DO such program. She said she just wants our Police Department and aayooe to be nan: tbal Ibey are dropping these kids on: evidently by the van loads and Ibey have the little plastic sbeecs tbal show Ibey earn III many different bonus points. But, she noted. he is going to be a surprised young man when the cbeck doesn't go through. Ms . Nabbolz staled he was so pushy and it is just something we need to be aware of. tbal Ibey are dropping these kids off in the neighborhoods and they are pushing for cash. City Manager Sears staled that is fraud and it is illegal . Council Member Nabbolz noted be even signed his -differently on the receipt and it is called Great Lakes Circulation lncorporaled. She said she was really concemed. She noted thal our Safety Services Department always warns us about scams and 1111ft' going oo. Ms . Nabbolz noced that it was cold and she lei bim illlide became she was in the middle of fixing dinner. But, she said, be wanled cash, and be bad to have die cash, became be got extta points if be got the cash and turned the cash in. She told him sbe did 1111( U\'C ... amt of moaey OIi her and be said she could posldale a cbcck . She commenred 1bat, boy, did lie lla\'C a 1C111L This is jull for us to be nvc of, she said, that nobody is going to Cancun• Englewood High Scbool or• the Altemalive High School by selling mapzincs. City Manager Sears said be would like to make a copy of her receipt. Council Member Nabholz wd she brought it so be could make copies. She noted be said his name was Mike Miller and he signed ii Mike McClintoclt . 2. She wished everyone a Happy New Year and noced she thinks it is going to be a wonderful , prosperous year for all of us . (ii) Council Member Garrett advised we have a new "dip" machine 11mm al the Recreation Cenier that showed up II the end of the year and he wanted to thank Jerrell Black for that . He commented. tongue in cbcdt, tbal tbal is another piece of pain Ibey have given him Mr. Garrett said the OCber good news is tbal be was clown there this morning when the gentleman came by and advised that we are going to reupbolster -of the pieces of machines. He DOied, for those people who don't show up clown there. that we have made a lot ofimpovemcnts O\ICJ the last two years, as far as making the canliovucuJar room look very nice, the weigbl room looks very nice and Ibey are continuing to improve . He said be always likes to romplimenc them. ba:atlle tbll is where a lot of people i111eract with the City of Englewood . Council Member Nabbolz DIiied it is a very pmilM ilMl'ldioo. • ) I . 0 J • • . ---·-·-·------------------------------------.. • • - Mayor Bums axameated tbat ... weekend be IDCMd Dlllll of bis openbOII across the 5lrCct, so be will be going clown tbeR. (iii) Council Member Bradshaw: 1. She camplimcmfed Km Roa oa bis excellent Idler to Kinlin Gnzu1is. Ms. Bradshaw noted she was so impn:IICld with tbat md she tolcl Mr. Ross penoaally. but she really thinks it is important to tell staff members when they really do a good job. 2. She wisbcd ew:ryone a very Happy New Year md noted that she thinks we have a dam good Council and she looks f-,d to worting with~- 3. She aid she wanted to thank Stu Fonda md bis staff for their response to a water crisis the weekend before Christmas . Ms. Bradsbaw explained we bad another river in Englewood, it was washing clown the call side of her IIRlCt. It was a broken warcr llllin md they were out within an hour and fixed it 4. She aid she wanted to Iba tbc street aew for all the gravel they have been dumping on her lbeet, wbic:11 allows her to gct up tbal slope, but now they need to come pick it up . Because, she laughingly said. people -missing their cme,nys. you just kind of slide right on by . 5. She tbankcd ew:ryone for the binbday cake. (iv) Council Member Glazulis said she wanted to inquire about our fire truclc . She noted she bappaled to -it just after ii lllppmcd and of course her bean sank after she found out it was ours. so she stopped to -if our guys -okay . She said she bas only been hearing sketchy piec,cs since then and she waa1ec1 to 1mow if aybody mows the -... of this. City Managc:r Scars..,.. tbat the tDDll recent 11111111 is that it pn,blbly will be totaled. Anytime it is over 50%, it is tocaled md ii loob lilie the dlmqe is over 50%. We -llill waiting to find out if we can count on the insunmc:e to provide a raem: uuck for us. We have a racn-e truck we arc using at this point in time . We think, be DOied, that if we nm illto a problem. we will be Ible to gct another truck as kind of a loan truck and then have Iba, paid for by tbc insunmc:e compay. Mayor Bums collllJICIUd about all the functions tbc truck performed. City Manager Sears agreed about the functions and noted that. surprisingly, it torqued the frame . City Manager Sears said Iba, many of you know this. but we arc in the poccss of getting a new truck that looks exactly like the old tJUCk, in Marth of this year. City Manager Scars stated the nice thing was that no one was injured. City Manager Sears advised Council that they would receive a mon: ddailed follow-up . (v) Council Member Yurchidt wisbcd everyone a Happy New Year. 13 . City MU&Fr'• Report (a) City Manager Scars tbanked aB: again. for the Y2K wort md said be will get a note out to them . He commeaud that it was very dull • the EOC bctMcn i-lvc and one, there was nothing going OD, t.banlt goodness. Mr. Scars m:ogni7.ed Ladd VOllly's wort OD the traffic signals, advised that Keo Ross bad bis crews working md tbat the WIier system worbd well. He tblDkcd Council for their support last year in terms of funding. He noted the computer systems worbd. There were a couple of glitches that • .. • I I· 0 - • • I' " ... Cily C-'I J-,yJ,2111 ... , .• t • • - • .. •, aipl wida commeicllioN al dlll -• .-11r--. bat dley wae able to pm:h thole~- But ownll it-~ albe....S IDIIJ...._ ••••• Mayor 8mm lllbd about die Wof Wal-Mlrt. He ....... ifdley wae llill ae,a«iati"I with their CX111baC1. Cily Maapr San aid ya. dlll lie .... ID Rict JCallm lllil aftmlooa. Tbey 1ft: rdlidding with llllllher aJllbl:*lr. It llill aay be ColomlD s..., ;, be-·, -But die bid ii ..... to be raolYCd on Wedneldly of dais-*. lie...., wllicll--dley will pnlbll,ly ltill plan on lbe fint put of aext Mek ID actaDy ..a die .-.:tic&, dlll diey are on ldlalalc. Mr. San adviled tblt-bad to repair die lmiaiDg wall bdiad Wal-Malt ad ID diey llill i.,e ID i.,e thole pla. al lbe final impu.w appra.ed by lbeir ciarpame amcea. '11111 bal to blppcD before they can acblllly start wort myway. Ao:ardillg ID Rick Kalm, be llid, dley are on lClledulc, their people are at lbe sccoe and Ibey pralllllly llloald be -.tiDg here mdy. Mayor em. adviled tblt be ... a lot of queltioas about 1h11. 14. Cily .war.y•, 11epor1 (a) City Aaomcy Brue-adviled lllll JmlF Mlllcb did uphold lbe Planning and l.oning ftllllilll dlll tmoo parlon were not ,....,.Ne wida die B-1 dillrict and did awanS us aia. He stated -arc a&ria& to pe up oar a1111 if dley gift up lbeir appeal ill lbe uaoo cac. c.-:il Mmbcr Bmllllaw one I tblt dlll w a pod job. 15. M.Jeu--?'77.~T0-~---7~,m ~ ' . ., , . • I I . 0 3 - • • '• ,,.- • ,. .. .. ~. .__.,."'\ • -' Enslewood Rre Rshter Assodadon • Local 1736 555 W. lefferson Avenue • Englewood. Colorado 80110 I£1'I'ER OF APPRECIATION To: Susan McDonnell The E nglewo od Fire Figh ter As socia ti o n wis h es to ackn o wl edge yo ur outstanding service and professionali sm as th e ci ty's Victim Ass istance Co ordinator. Your perso nal effo rts enable th e D epartmen t o f Safety Se rvice s and the City to better serve the peo ple o f o ur community . The peo pl e o f Englewood are fo rtunate to have so meon e with yo ur empath y and co mpassio n willin g to help th em in m o ments o f nee d , and thro ugh th ei r trials and tribulatio n s. We Wis h to E xtend Our Sincere A ppreciatio n and Heartfelt G ra ti tude for Yo ur D evo ti o n and Commitment to The Peopl e o f Engl ewood . Very Respectfully, • . ., ,. ' ~ .. • t ' • ,, I . 0 3 • • • • ,,-- • I • , .. .. . ., • -.. ' Englewood flre fighter Assodadon • Local 1736 • 555 W . jefferson Avenue • Englewood , Colorado 80110 1 January 2000 Dear Susan, The firefighters, paramedics, dri\'ers and lieutenants of the Englewood fire Fighter Association wish for you to know h ow grateful we are for you being h ere to help u s. We hope th ese few minutes we take thi s evening to thank yo u will rc\'cal the high regard and admiration we hold for yo u . When you answer our call fo r help we ask you to step into liYCS of people who are going through \'Cry emotion al and extre mely difficult moments. Moments that are full of sorrow, guilt, and blame. At times it must be hard ... very, \'Cry hard. And you do it with composure and dignity. Many people, at some point in their lives, reflect on what they have accomplished. Most ask themsekcs whether or n ot they ha,·e helped their fellow man . We are here tonight because 50 people feel yo u ha ve helped many people many rim es. T h e people of Englewood -those who liYe here, work here, and ,·isit here are fortunate yo u have chosen to share with us yo ur understanding and compassionate h ean. You are a remarkable woman and a fine lady. The purest ... the cl earest way to express our appreciation is to simpl y say, ''We Thank You" • ,, . .. I . 0 - • • .. • ,,- • '·!',,, .. .. . . • -.. En&lewoocl Fire Rshter Association • Local 1736 • 555 W. lefferson Avenue • Englewood, Colorado 80110 LE'ITER OF APPRECIATION 17 January 2000 A Letter of Appreciation has been given to the volunteers who serve in the Department of Safety Services Victim Assistance Office. Lynn Sena Norma Wier Ellen Krascek Margie Gunter· Tori Whitney Debi Medlock Alice Amatuzio Nancy Barton RespectfullJ', ~u11X John Weigel, President ~ .. ' '\ .. • I I . 0 2X - • • -. • -• • • PUBLIC COIIMENT ROSTER AGENDA ITEM 7 NON aca HI! PD MV111•Hff'WIOR-a DATE: ......, 17, 2000 NON-8CHEDULED VISITORS IIAY SPEAK FOR A MAXIMUM OF FIVE ... UTES. EACH PERSON 'MIIING TO SPEAK SHOULD SIGN THIS PU8UC COMMENT ROSTER, STATING NAIIE, ADDRESS, AND TOPIC OF COIIMENT. PLEASE PRINT NAME ADDRESS TOPIC • ' . 1 ) I . 0 • • .. ,~-----~----· - P R O C L A ~l A T l O ::-l .,,. WHEREAS. the RACO Family Partnership. Richard Randall, managing partner. has r ec ently given approximately fifty -two thou sand sq u are feet of land ad1 01rung B,g Dr y Cr eek to the City of Englewood to accommodate the continued development of the Big Dry Creek P edestrian/Bike Trail : a nd WHEREAS . this trail will be a great benefit to the citizens of Englewood: and WHEREAS , t he citize ns of Engle woo d w1 sh to since r ely thank Richa r d Randall and the RACO Family Partnership for their generous contribution: ::.J OW THEREFORE . we . the ~1 e mbe r s of t he Engle wood City Co uncil he r eby e xp r ess ou r thanks to Richard Randall and the RACO Family Partnership for their generous co ntribution of l a nd a nd co nti nued s upp ort of t h e Ci t y of Engle wood. Colo r ado . G~and and seal this 17th day of January , 2000. Thomas J . Burns. ~l ayor Douglas Ga rre tt Beve r ly J . Br a d s haw . ~l ayo r Pro Tem .Julie Gr azu hs An n ::,..abhol z Olga \V olosyn '.'.l!chael Yurduck 8 a Pnnlec on Rccy c!ec ~3,ger . ~ • ]- • • • '· .. ORDI NANCE NO._ S ERIES OF 2000 • • - BY AUTHORITY A BILL FOR .. COUNC IL BILL NO . 1 I NTROD UC ED BY CO UNC IL :\1EMBER ______ _ AN ORDINAN CE AMENDING TITLE 12 . CHAPTER ID , SECTIO N -t . CHAPTER 2. SECTION 3H , CHAPTER 5, SECTION 6A , AND CHAPTER 8 . SE CTIO N 10 . OF TH E ENGLEWOOD MUNICIPAL CODE 1985 , PERTAINING TO STATE MAN DATED LIMITS FOR LATE CHARGES FOR WATER . SEWER. STORM A..t\ffi CONC RET E CHARGES. WHEREAS , the Co lora do State Legi s lature passed House Bill 99-10 48 , plac rn g limits on the amount of pe nalti es which can be charge d to cus t ome rs fo r pa s t. due water, sewer, s tormwater and concrete bill s : a nd WHEREAS , the Englewood Munici pal Code currently all ows the City to cha r ge more than the new legislation will allow : and WHEREAS , the current Code provides overdue bill s assessed at 10 % of t he wa t er charges; and WHEREAS . the current EMC provides that outsid e City se wer wluch is bill ed annually, is charged 25 % and stormwater cus tom ers have been a lso assess ed at 25 %: a nd WHEREAS , the current EMC provides that co ncrete custom e rs a re a sse ssed a t 25 % delinquency s urcharge ; and WHEREAS , by the pass age of this Ordinance the City will be in co mpba nce with the limits se t forth in Colorado State House Bill 99-1 048; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF E NGLEWOOD . COLORADO , AS FOLLOWS : Section 1. The Ci ty Co uncil of the City of Englewood . Color a do he reby a me nd s Title 12 . Ch a pter 10, Sect wn 4, of the Englewood :\1uru cip al Co de 1985, to r ead a s fo ll ows : 12 -10--t : DELI NQUE NT WATER BILLS: Wa t e r bills on metered rates and scheduled flat rates become delinquent thirty (30) days after the date of billing and s hall be a ssessed a ten pereent (Um) late fee NOT TO EXCEED FIFTEEN DOLLARS ($15 .00) OR ' PTO FIVE PERCENT (5%) PER MONTH . OR FRACTION THEREOF , NOT TO EX CEED A TOTAL OF TWE NTY-FIVE PERCENT (25 %) OF THE AMO UNT DUE, WHICHEVER IS GREATER. INTEREST IN THE AMOUNT OF EIGHTEE N PERCENT (18 %) PER YEAR SHALL BE CHARGED ON THE AMO UNT DUE ONLY . Water is s ubje ct to turn-off without notice whe never a bill therefor h as beco me delinquent: provided that the City s hall give a fi ve (5) working day written noti ce before actually turning off -I - • I • 0 ] • • • .. . --· • • - water for nonpayment. Such notice hall be effected by personal -ervice or ce rtified mail or registered mail. return receipt requested . to t h e owner or occ upant of the premises for which the charge is due . The obligation t o pay promptly for wate r service is not in any way affected by fatlure of the owner or occ upant of the premises served to receive a bill for the service . Sectjon 2 The City Council of the City of Englewoo d . Colorado hereby amend s the Wastewater Utility Ordinance, Title 12 . Chapte r 2 . Section 3. P a r a graph H . of the Englewood Municipal Code 1985 , to read as foll ow s: 12-2-3: FEES AND CHARGES : H . Delinquency And Collection: I. Fees and charges levied in accordance wnh th1 s C hapter s hall be pa id within thirty (30) days from the date of billing to the City. If the btll 1s not paid within l'tfflet, (98) THIRTY (3 0 ) day after billmg. 1t s hall be deemed delinquent. whereupon a t..e"tJ 11,e peree"t (2M~) s ttteharr;e ma, l,e impe8e!I fer eeHeetien sel"' ,ees . DELJ :--Q {.;E :--CY C HAR GE ;'JOT TO EXCEED THE Al\10C~"T OF FIFTEE:--DOLLARS (S15 .00\ OR l.i P TO FIVE PERCENT (5%) PER '.\1 0 :\"TH . R FRA CTlO;>J THEREOF. 2. ·oT TO EXCEED A TOTAL OF TWE:\"TY-Fl\'E PERCE?\T (25%) OF THE AMO UNT DUE. WHI C HE\'ER IS GREATE R SHALL BE l'.\'IPOSED FOR COLLECTION ER\1 E . J:--TERE T 1.:-l THE A.\10C :--T OF EIGHTEEN PERCE;'IT (I 0-.) PER '!'EAR HALL BE CHARGED ON THE AMOUNT DUE ONLY . Nonpayment. All se we r charges a nd s urcharges , including, but n ot limited to, collection ch a rge , pretreatme nt charges. m onitoring charges . shall be a lien upon the property to which sewers are connected from the date said charges be come d u e until aid charges are paid. The owne r of every structure or prem1 es s hall be liable for all sewer ch a rges fo r u ser s o n ms premises , which hen of liab1hty m ay be enforced by the City by action at law to enforce the h e n . In case the t e nant in possession of any premises shall pay the se wer charges. 1t hall relieve the landow ner from such obligations and lien . b ut the City s hall not be required to see k payment from any person whomsoever othe r than t h e ow n er for the payment of sewer charge . .'.'l o change of ownership or occupation s h a ll affect the application of this s ub ection . a nd the failure of any ow ner to discover that he purchased prope rty agains t whlch a lien for s ewer service exists shall in no way affect his liability for s u ch payme nt in full . Said delinquent payme nts, a nd the lien created thereby, s hall be enforced by assessment upon the property a nd premises so served and certification thereof to the Co unty Treas urer for the collection unde r and in pursuance as provided for in this Code . I" the e , e"t that a"·' Be .. er eharr;e s er sttreharr;es , '"eh1!1i"r;, ettt "et limite!I ts, eeHeetie" eharr;es , pretreatme"t eltarr;es , msilit.sri"r; eharges sr se .. er tap fees . mttst l,e eerttfie!I ta a eett"t, fer eeHeetie" 11s a !leli"'l"ent. aeee11"t , 8 fee e111111l te !le11l,le the 11metlftt. e .. e!I sltaH l,e eertifie!I a"!I eelleete!i . -2- • I • 0 ·] • • • .. ~ ,,,... .. • • -... Sectjon 3 . The City Council of the City of Englewood . Colorado hereby amends the Storm Water Utility and Enterprise Ordinance. Title 12 . Chapter 5. Se ct10n 6 . of the Englewood Municipal Co de 1985 . to r ead as follows : 12-5-6: DELINQUENCY AND COLLECTION : A. B. Delinquency Surcharge. Fees levied in accordance with this hapter s hall be paid within thirty (30) days from the date of billing t o the City. If the bill is not pa id within s~t) (69) THIRTY (30) days after billing, it s hall be deemed delinquent whereupon a t .. eHt, a,e i:,ereeftt (2e9~) s ltf'eksrge aksH he imi:,esee. fer eeHeeti:eH semees. LATE FEE NOT TO EXCEED FIFTEEN DOLL-\RS ($15.00) OR UP TO FIVE PERCENT (5%) PER MONTH , OR FRA CTIO N THEREOF, NOT TO EXCEED A TOTAL OF TWENTY-FIVE PERCENT (25%) OF THE AMOUNT DUE. WHICHEVER IS GREATER. I NTEREST I~ THE AMOUNT OF EIGHTEE N PERCENT (18 %) PER YEAR SHALL BE CHARGED ON THE AMOUNT DUE ONLY. Nonpayment. AU fee s and any accrued s urcha rges s hall be a lien upon t h e billed property from the date said fees be co me due until said fees a r e paid . The ow ne r of every structure or premises s ha ll be liable fo r the fees , which li e n or liability may be enforce d by the City by a n action at law or s uit to enforce the lien. In the case the tenant in possession of any preIDJses pays t h e fees , it s h all relieve the property owner from s u ch obligations a nd lien. but the City s h all n ot be required to see k payment from any person whomsoeve r othe r than t he property owner . No change of ownership s hall affect the application of t his Chapter, and the failure of any owner to discove r t h at he purchased property against which a lien for fee s or surcharge exists s hall in no way affect hi s liability for s uch payment in full. Said delinque nt payments , and the hen created thereby , s hall be enforced by assessment upon the property a nd premises so served a nd certification thereof to the Co unty Treasurer for collection . Sectjon 4 . The City Council of the City of Englewood , Co lor a do her eby amends the current Utility and Concrete Utility Enterprise Fund Ordinance. Title 12 . Chapter 8 , Section 10 , of the Englewood Municipal Code 1985 , to re ad as fo ll ows : 12-8-10 : DELINQUENCY AND COLLECTION: A. De linquency Surcharge. Fees lev ied m acco rd a nce with this cha pter s hall be paid within thirty (30) days from t he date of bilhng to the City. If the bill is not paid within si,it) (69) THIRTY (30) days after billing, it s h a ll be deemed delinquent whereupon a t .. ent, Ei,e i:,ereent (2e %) Sltf'ekarge skaH he imi:,esed fer eeHeet4en serv,ees. LATE FEE NOT TO EX CEED FIFTEEN DOLLARS ($15 .00) OR UP T·O FIVE PERCENT (5%) PER MONTH , OR FRACTION THEREOF, NOT TO EXCEED A TOTAL OF TWENTY-FIVE PERCENT (25 %) OF THE AMOU?\"l' DU E . WHICH EVER IS GREATER. INTEREST I N THE AMOUNT OF EIGHTEE N PERCE NT (18%) PER YEAR SHALL BE CHARGED ON THE AMOUNT DUE ONLY . -3- • ~ I • 0 - • • • .. .. ,,--· . • 1.r,1 • - B. Nonpayment. All fees and any accrued s urcha rges s hall be a h en up on the billed property from the date said fe es become due until said fees are paid . The owner of every structure or premises s hall be liable for the fees , wlu ch lien or liability may be enforced by the City by an act10 n at law or u1t to enforce the lien . In the case where the tenant m possession of a ny pre mi ses pays the fees , it s hall r elieve the property owner from s uch o bligations a nd lien . b ut the City s hall not be required to seek payment from any person other than t he property ow ner. No change of ownership s hall affect the application of t h1s Chapter. and the failure of any owner to discover that he purchased propert. against which a lien for fee s or s urcharge exists s hall in no wa y affect !us liability for such payment in full . Said delinquent payme nts . and the li en created thereby, s hall be enforced by assessment upon the property a nd premises so served and certification thereof to the COlmty Treasurer fo r collection. Section 5. Safety Clauses The City Council . hereby find s. d et e rmine , and declares that this Ordinance is promulgated under the general police powe r of the City of Englewood . that it is promulgated for the health. safety , and welfare of the public, and that this Ordinance is ne cessa ry for the prese rvation of health and safety and for the protection of public co nveruence and welfare . The City Cou nct.l further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Section 6. Severabiljty If a ny clause . sentence, paragraph, or part of thi s Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a co urt of competent jurisdiction invalid , such Judgment s hall not affect impair or invalidate the remainder of this Ordinance or its application to other perso ns or cl.I'cumstances. Sect19n 7 Inconsistent Ordinances All other Ordinances or portions thereo f m co n 1stent or conflicting with this Ordinance or any portion hereof a r e hereby re pealed to the extent of s uch inconsistency or conflict. Sect10n 8. Effect of repeal or modification The repeal or modificati on of any prov1s1on of the Code of the City of Englewood by this Ordinance s hall not r elea e , extingwsh , 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 s uch provision , a nd each provision s hall be treated and held as still remaining m for ce fo r the purpose s of s ustaining any and all proper actions, s uits, proceedmgs. a nd prosecutions for the enforcement of the penalty , forfeiture , or liability , as well a fo r the purpose of sustaining any judgment, decree , or order which can or may be rendered , entered, or made in such actions , swts, proceedings, or prosec ution s . Section 9. ~-The Penalty Provis ion of E.M.C. Section 1-4-1 s h a ll apply to each and every violation of this Ordina nce. Introduced, read in full , and passed on first reading on the 17th day of January , 1999 . -4- ., 0 I • 0 - • ,. ,,...- • .. • -.. Published as a Bill for an Ordinance on the 21" day of January , 1999. Thomas J. Burns. Mayor ATTEST: Loucriahia A Ellis, City Clerk r. Loucriahia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance . introduced, re ad in full, and passed on first reading on the 17th day of January . 1999. Loucrislua A. Ellis -5- • ' ~ ., ,. .. . ' • I • 0 3 ] Date January 17 , 2000 INITIATED BY Utilities Department ... • -. • - COUNCIL COMMUNICATION Agenda Item 10 a i .. Subject State Mandated Limits for Late Charges for Water, Sewer , Storm and Concrete STAFF SOURCE Stewart H. Fonda , Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Englewood City Code Water -12-10-4, Sanitary Sewer -12-2-3H-1 , Storm Water -12-5-6-A and Concrete is -12-8-10-A RECOMMENDED ACTION Council approval , by ordinance , of the recommended changes to the Englewood City Code to comply with the State of Colorado House Bill 99-1048 . 0 BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED House Bill 99-1048 was passed by the Colorado State Legislature . This bill places limits on the amount of penalties that can be charged to customers for past due water , sewer , stormwater and concrete bills . The Englewood Code currently allows the City to charge more than the new legislation will allow. Currently, overdue bills are being assessed 10% of the water charges . For outside City sewer billed annually, it has been 25%, stormwater customers have been assessed 25 %. Concrete customers have been assessed a 25% delinquency surcharge . The new bill states, "No delinquency charge shall exceed the amount of fifteen dollars or up to 1 five percent per month, or fraction thereof , not to exceed a total of twenty-five percent of the amount due , whichever is greater." • FINANCIAL IMPACT This will reduce the amount that will be collected in overdue penalties for all the pertinent funds . This is not expected to impact revenues in a significant manner. LIST OF ATTACHMENTS House Bill 99-1048 Bill for Ordinance -. ., I· 0 - • • -. .. ~ .,-. • • -' HOUSE BILL 99-1048 BY REPRESENTATIVES Pfiffner, Decker Hagedorn. McKay, Paschall , Scott, Stengel , Sullivant, Vigil , and Young ; also SENATORS Hillman, Congrove , Evans , Hernandez, Lamborn, Musgrave, Tebedo, Wattenberg, and Wham . CONCERNING LIMITATIONS ON THE AMOUNT A GOVERNMENTAL ENTITY MAY CHARGE AS A RESULT OF THE LA TE PAYMENT OF AN AMOUNT DUE AND OWING TO SUCH ENTITY. Be it enacted by the General Assembly of th e State of Co lorado : 1999 SECTION l. Legislative declaration. The general assembly hereby finds and declares that the law currently provides certain protections to consumers with respect to delinquency charges and other fees assessed in a private consumer transaction for making a payment after its scheduled due date . The general assembly further finds and declares that comparable protections do not exist to defme the imposition of state and local government delinquency charges upon citizens . This act is intended to extend some of the protections found in the consumer protection laws to citizens who receive goods or services from state and local governments but who pay for such goods or services after a scheduled due date . SECTION 2. Title 24 , Colorado Revised Statutes, is amended BY THE ADDITION OF A NEW ARTICLE to read: Capital letters indicate new material added to e:cisting statutes; dashes through words indicate deletions from existing statutes and such material not pan of act. • . .. I· 0 • • • .. • '.' • • ANY Ai\10UNT DUE THAT IS PAID IN FULL WITHIN FIVE DAYS AFTER THE SCHEDULED DUE DATE . (3) NO DELINQUENCY CHARGE SHALL EXCEED FIFTEEN DOLLARS OR UP TO FIVE PERCENT PER MONTH, OR FRACTION THEREOF , NOT TO EXCEED A TOT AL OF TWENTY-FIVE PERCENT OF THE AMOUNT DUE , V.'HJCHEVER IS GREATER . (4) NO MORE THAi\/ THE AMOUNT SET FORTH IN SUBSECTION (3) OF THIS SECTION SHALL BE COLLECTED BY THE STATE ON ANY A1'-'IOUNT DUE REGARDLESS OF THE PERIOD OF TIME DURING WHICH THE A.MO UN T DUE REMAINS IN DEFAULT . (5) IN THE EVENT THAT AN A.i\10UNT DUE IS ONE OF A SERJES OF PAYMENTS TO BE MADE TOWARD THE SATISFACTIO N OF A SINGLE FEE , FINE , PENAL TY, OR OTHER CHARGE ASSESSED BY THE STATE , NO MORE THAN THE AMOUNT SET FORTH IN SUBSECTION (3) OF THIS SECTIO N SHALL BE COLLECTED BY THE STATE ON ANY ONE OF SUCH PAY?YIENTS REGARDLESS OF THE PERJOD OF TIME DlJRlNG WHICH THE PAYMENT REMA.INS IN DEFAULT . (6) NO INTEREST SHALL BE ASSESSED ON A DELINQUENCY CHARGE . (7) NOTiiINGINTinSSECTJONSHALLBECONSTRUEDTOPROHIBITTHE STATE FROM CHARGING INTER.EST ON A..'J AMOUNT DUE . [N NO EVENT SHALL SUCH INTEREST BE CHARGED UPON A DELINQUENCY CHARGE OR ANY AMOUNT OTHER THAN THE AMOUNT DUE . IN NO EVENT SHALL ANY SUCH INTEREST CHARGE EXCEED AN ANNUAL PERCENTAGE RATE OF EIGHTEEN PERCENT OR THE EQUIVALENT FOR A LONGER OR SHORTER PERJOD OF TIME . (8) NOTHING IN nns SECTION SHALL BE CO NSTRUED TO PROHIBIT THE STATE FROM RECOVERING THE COSTS OF COLLECTIO N, INCLUDING BUT NOT LIMITED TO DISCONNECTION OR RECONNECTION FEES OR PENAL TIES ASSESSED WHERE FRAUD IS INVOLVED . SECTION 3. Article 1 of title 29 , Colorado Revised Statutes , is amended BY THE ADDlTION OF A NEW PART to read : PART II LOCAL GOVERNMENT DELINQUENCY CHARGES 29-1-1101. Definitions. As USED IN THIS PART 11 , UNLESS THE PAGE 3-HOUSE BILL 99-1048 ' . , I . 0 • • -. ~ ,,-. • .. , . .. • - FIFTEEN DOLLARS OR L"P TO FIVE PERCENT PER MONTH. OR FR.ACTIO N THEREOF , NOT TO EXCEED A TOTAL OF lWENTY-FIVE PERC ENT OF THE AMOUNT DUE , WHJCHE\ cR IS GREATER . ( 4 ) NO MORE THAN THE AMOUNT SET FORTH IN SUBSECTION (3) OF THIS SECTIO N SHALL BE COLLECTED BY A LOC.~ GOVERNi,!ENT O ANY AMO UNT DUE REGARDLESS OF THE PERIOD OF TIME DUR.IN G WHICH THE AMOUNT DUE REMAINS IN DEF . .\ULT . (5) IN THE EVENT THAT AN AMOUNT DUE IS ONE OF A SERIES OF PAYMENT S TO BE MADE TOW AR.D THE SATISFACTIO N OF A SIN GLE FEE , FINE , PENALTY ,OROTHERCHARGEASSESSEDBYALOC.~GOVER.."11vlENT,N OMOR.E THAN THE AMOUNT SET FORTH IN SUBSECTIO N (3) OF THIS SECTION SHALL BE COLLECTED BY A LOC .~ GOVERNMENT ON ."u"IY ONE OF SUCH PAYMENTS REGARDLESS OF THE PERIOD OF TIME DUR.IN G WHICH THE PAYME NT REM AINS IN DEFAULT . (6) NO INTER.EST SHALL BE ASSESSED ON A DEL INQUENCY CHARGE . (7) NOTHING IN THIS SECTION SHALL BE CO NSTRUED TO PROHIBIT A LOCAL GOVERNMENT FROM CHARGING Th!TER.EST ON ."u"I AMOUNT DUE. lN NO EVENT SHALL SUCH Th!TEREST BE CHARGED UPON A DELINQUENCY CHARGE OR ."u"IY AMOUNT OTHER THAN THE AMOUNT DUE . IN NO EVENT SHALL A.'it" SUCH INTEREST CHARGE EXCEED AN ANNUAL PERCE NTAGE RATE OF EIGHTEEN PERCENT OR THE EQUI VALENT FOR A LONGER OR SHORTER PERIOD OF TIME . THE PROVISIO NS OF THIS SUBSECTIO . (7) R.ESTR.lCTING THE CHARGTh!G OF INTEREST SHALL NOT APPLY TO DEL INQUE~T INTER.EST IMPOSED AFTER A TAX LIE N JS SOLD AT A TAX LIE N SALE PL'R.S UANT TO ARTICLE 11 OF TITLE 39, C.R .S. (8) NOTHING IN THIS SECTIO SHALL BE CONSTRUE D TO PROHIBIT A LOCAL GOVERNMENT FROM RECOVERING THE COSTS OF COLLE CTION, INCLUDING BUT NOT I.Th,IJTED TO DISCO NN ECTION OR RECO NN ECTIO N FEES , RE IN ST ATEME NT CHARGES , OR PENALTIES ASSESSED WHERE FRAUD IS INVOLVED . SECTION 4. Effective date -applicability. {l) This act shall take effect January I, 2000, unless a referendum petition is filed during the ninety-day period after final adjournment of the general assembly that is allowed for submitting a referendum petition pursuant to article V, section I (3) of the state constitution . If such a referendum petition is filed against PAGE 5-HOUSE BILL 99-1048 • ., ~ . . ' 0 I . 0 J • • • RESOLUTION NO . SERIES OF 2000 ) . .,.- .. ~ • • -... A RESOLUTION ESTABLISHING FEES FOR HISTORIC PRESERVATION DESIGNATION APPLICATIONS FOR THE CITY OF ENGLEWOOD. COLORADO. .. WHEREAS, the City Council of the City of Englewood . Colorado passed Ordinance No . 75. Series of 1999, establishing Historic Preservation within the City allowing for the designation of historically significant properties; and WHEREAS, the passage of this Resolution will establish fees for Historic Preservation designation applications and provides for the City's full recovery of costs for each application; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT: Section 1. A nonrefundable application fee in the amount of one hundred dollars ($100 .00) is established for each for Historic Preservation designation within the City of Englewood. All Historic Preservation designation applications within the City of Englewood . Colorado at the time that this Resolution is adopted shall not be required to pay the initial application fee . Sectjon 2. A nonrefundable fee in the amount of twenty-five dollars ($25 .00) for filing a n amendment to the application is hereby established. ADOPTED AND APPROVED this 17th day of January , 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 X. -- • • • .. • .. • - COUNCIL COMMUNICATION DATE : January 17, 2000 AGENDA IlcM SUBJECT: Resolution Establishing Fees for Historic Preservation Application s 10 Ci INITIATED BY : Coournmity Development STAFF SOURCE : Lauri Dannemiller. Planning Department Analyst COUNCQ.. GOAL AND PREVIOUS COUNCQ, ACTION: On December 20, 1999 City Council passed Ordinance No . 75. Series of 1999. amending Title 16. Chapter 4 and adding Sec.'lion 24 to the Englewood Municipal Code. also known as th e Hi storic Preservation Ordinance. which allows for the designation of historically significant properu es . RECOMMENDED ACTION: Staff recommends approval of a resolution establishin g fee s for Hi storic Preserva tion designation applications. BACKGROUND, ANALYSIS, AND &LDRN&DYES IDENJO:]ED: Designation of historic properties is made by application of th e property owner . or district representative. to the Department of Neighborhood and Business Development. As these application s are reviewed. indirect and direct costs are inCIDTed. The ordinance provides for the recovery of these fees by the applicant in Section 16-4-24-C-l reading : " The fee charged shall be sufficienJ 10 covu the costs of publica11 on. norice. rec ordin g co sts. administralive costs. and other charges incu"ed in tltt co 11rse ofprocessmg the applicalion . ·· Staff recommends a fee of SI 00.00 per property application to recover admmistrative costs . FINANCIAL IMPACT: The financial impact to the City of Englewood should be minimal since thi s resolution provides for full cost recovery for each application . Staff does not anticipate th e col lection of more than S 1,000 per year. LIST OF ATTACHMENTS: None I • 0 • • • .. ~ ,,--· • l• .... ~ .. • -' .. COUNCIL COMMUNICATION Date Agenda Item Subject: Janua 17,2000 tOci Purchase of Street Swee ers INfflATEDBY: STAFF SOURCE: De artment of Public Works Ken Ross . Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No previous Council action . RECOMMENDED ACTION Approve, bfmallon, trk purchase of two (2) Street Sweepers from Fanis Machinery Company , in the amount" $165,700.00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED Street Sweeper numbers 3171 and 3172, purchased in 1990, are scheduled for replacement in 2000 through the Capital Equipment Replacement Fund (CERF). These units are available through the State of Colorado bid program, which has proven the most economical method of acquiring this type of equipment. FINANCIAL IMPACT Through the State of Colorado bid process, the successful bidder for these vehicles was Fanis Machinery Company. The replacement vehicles are year 2000 Elgin Pelican P 3-wheel street sweepers . The bid from Farris Machinery Company is $82 ,850.00 per unit, or a total of $165 ,700 .00 for the two units . Funds are available in the CERF to cover the bid price of $165,700.00 . LIST OF ATTACHMENTS Letter of Intent • . ) I . 0 - • • • Paul Farris Farris Mlchinc:ry ~ ~770 E. 71°' A,-c Commen:e City. Co 80022 Paaic:k While t~ ....... Fleet Adminislrator. City of Englewood 2800 S. P1aae RMr Englewood. Co 80110 Paul • .. • • This lener is to nolify you of our inlent to purcha9e two (2) Elgin Pelic:an P street sweepers. These are in accordlace with Colorado DepallllCd ofTramporlllioo bid# HAA9139KP and to be dem'Cffld with all specified equipmmt as per spc,cifialrion and to include a pans and service 111811181 . The following lable delcribes the item and CI05l of what we would like to orda'. (11umritv Cost,_each Extended Cost Elml Pdic:an P as ma: 2 $79.925 .00 $159.850.00 Engine Tmt,o 2 $305.00 $610.00 l'ftdeancl' -Scats 4 $505.00 $2020.00 Snn.w Guide Wbccl 2 $1 ,300.00 $2.600.00 Lower wash out svs . 2 $310.00 $620.00 Total $165.700.00 1bis lener llm'eS only as a letter of inleul and is not a pmdl8le order. Actual pmdl8le bas to be ~ II.\' City Council prior to a pmdl8le orda' being issued. This pmdl8le will go to City Council with in the next IIIOlllb for IIIPft'\'8! . , . ., I· 0 • • • ORDINANCE NO . SERIES OF 2000 • • - BY A THORITY .-\ BILL FOR COUNCIL BILL NO . 4 INTRODUC~BY COUNC IL MEMBER~ AN ORDINANCE AMENDING TITLE 5, CHAPTER 38, SECTION 10, OF THE ENGLEWOOD MUNICIPAL CODE 1985 , WITH THE ADDITION OF A NEW SECTION 10, PERTAINING TO OPTIONAL PREMISES LIQUOR LICENSE AND OPTIONAL PREMISES WITH HOTEL AND RESTAUR-\NT LIQUOR LICENSE 1:-;; THE CITY OF ENGLEWOOD, COLORADO AND RENUMBERING THE CURRENT SECTION 10 TO SECTION 11. WHEREAS, a new Occupation Tax for Optional Premi ses Liquor Lice n ses and Optional Premises with Hotel/Re sta urant Li ce nse was approved at the Novemb er 2. 1999 General Municipal Election ; and WHEREAS, when such a lice nse 1s made available m a co mmunity. Co lorad o Revised Statutes 12--17-310 (1), req uu-e the gove rrung body of the munic1 p abty to adopt, by ordinance , specific standards fo r t he issuance of Optional Premi es Liquor Licenses or for Optional Premises with Hot el/R estaurant Liquor Li ce nses; NOW, THEREFORE , BE IT ORDAJ:,.,;ED BY THE CITY COCNCIL OF THE CITY OF ENGLEWOOD , COLORADO . AS FOLLOWS : Section I. The City Council of the Ci t y of Engl ewood , Co lorado here by r e numb e rs Title 5, Chapter 38, Secti on 10 . of t he Engl ewood Muni cip a l Co de 1985. as fo ll ows : 5-38--1& 11: DEFINITIONS: Defiruuon s not s pec ifi ca ll y e num erated he rei n s ha ll be as defined in Title 12 . An1cle s 46. 4i a nd -1 . Co lorado Revtse d Statutes. Section 2. The City Council of the City of Englewo od. Co lorado here by amends Title 5, Chapter 3B , by the adclit1on of a ne w Section 10 , of the Englewood Municipal Code 1985 , which shall read as follows: 5-38-10: OPTIONAL PREMISES LIQUOR LICENSE AND OPTIONAL PREMISES WITH HOTEURESTAURANT LIQUOR LICENSE: A. STANDARDS ADOPTED . THE FOLLOWING STANDARDS FOR THE ISSUANCE OF OPTIONAL PREMISES LICENSES OR FOR OPTIONAL PREMISES FOR A HOTEL AND RESTAURANT LICENSE ARE HEREBY ADOPTED PURSUANT TO THE PROVISIONS OF SECTION 12-47-310 , C.R .S. l. STANDARDS. THESE STANDARDS ADOPTED HEREIN SHALL BE CONSIDERED IN ADDITION TO ALL OTHER STANDARDS APPLICABLE TO THE ISSUANCE OF LICENSES UNDER THE COLORADO LIQUOR CODE FOR OPTIONAL PREMISES LICENSE OR FOR OPTIONAL PREMISES FOR A HOTEL AND RESTAURANT LICENSE . THESE TWO TYPES OF LICENSES FOR OPTIONAL -1- I • 0 • • -. • ,,... .. • . , .. • -' COUNCIL COMMUNICATION Date: Agenda Item: Subject: Establish Optional Premises January 17, 2000 Liquor License and Optional Premises with 11 a i Hotel/Restaurant Liquor License in the City of Enalewood Initiated By: Staff Source: Frank Gryglewicz , Director of Financial City Clerk 's Division of the Department of Services and Brenda Castle , Deputy City Financial Services and the Englewood Liquor Clerk Licensina Authoritv COUNCIL GOAL AND PREVIOUS ACTION Amend the Englewood Municipal Code 1985 to establish an Optional Premises License and Optional Premises with HoteVRestaurant License , as required by State Statute . BACKGROUND A new Occupation Tax for Optional Premises Liquor Licenses and Optional Premises with Hotel/Restaurant License was approved at the November 2, 1999 General Municipal Election , when the voters approved Referred Ballot Question No . 2A. When such a license is made available in a community, §12-47-310 (1 ), Colorado Revised Statutes, requires the governing body of the municipality to adopt, by ordinance, specific standards for the issuance of Optional Premises Liquor Licenses or for Optional Premises with Hotel/Restaurant Liquor Licenses . RECOMMENDED ACTION Council approval of a bill for an ordinance establishing an Optional Premises Liquor License and Optional Premises with HoteVRestaurant License in the City of Englewood . FINANCIAL IMPACT Each Optional Premises Liquor License issued would pay $650 .00 annually to the City of Englewood . Each Optional Premises with HoteVRestaurant License would pay $100.00 annually to the City of Englewood . LIST OF ATTACHMENTS Description of Optional Premises Liquor License and Optional Premises with HoteVRestaurant License Proposed council bill • ) I· 0 I • • -. .. • --· • ... • -' PREMISES WILL COLLECTIVELY BE REFERRED TO AS '"OPTIONAL PREMISES" IN THESE STANDARDS UNLESS OTHERWISE PROVIDED . 2. ELIGIBLE FACILITIES . AN OPTIONAL PREMISES MAY ONLY BE APPROVED WHEN THAT PREMISES IS LOCATED ON OR ADJACENT TO AN OUTDOOR SPORTS AND RECREATIONAL FACILITY AS DEFINED IN SECTION 12-47-103(22)(a). THE TYPES OF OUTDOOR SPORTS AND RECREATIONAL FACILITIES WHICH MAY BE CONSIDERED FOR AN OUTDOOR PREMISES LICENSE INCL UDE THE FOLLOWING : a. COUNTRY CLUBS ; b. GOLF COURSES AND DRIVING RANGES ; c. ICE SKATING ARENAS : d . MINI GOLF COURSE ; e. SWIMMING POOLS; AND f . OUTDOOR TENNIS COU RTS AND CLUBS . THERE ARE NO RESTRICTIONS ON THE MINIMUM SIZE OF THE OUTDOOR SPORTS AND RECREATIONAL FACILITIES WHICH 1\1AY BE ELIGIBLE FOR THE APPROVAL OF AN OPTIONAL PREMISES LICENSE . HOWEVER. THE ENGLEWOOD LIQUOR LICENSING AUTHORITY ~y CONSIDER THE SIZE OF THE PARTI CULAR OUTDOOR SPORTS OR RECREATIO. AL FACILITY IN RELATIONSHIP TO THE NUMBER OF OPTIONAL PREMISES REQUESTED FOR THE FACILITY . AND MAY DENY ANY OPTIONAL PREMISES APPLICATION IF THE IT CONSIDERS THE RELATED FACILITY TO BE TOO SMALL TO REQ U IRE AN OPTIONAL PREMISES. 3. NUMBER OF OPTIONAL PREMISES. THEE GLEWOOD LIQUOR LICENSING AUTHORITY, IN ITS DISCRETION , MAY RESTRI CT THE NUMBER OF OPTIONAL PREMISES WHICH ANY ONE LICENSEE MAY HA VE . ANY LICENSEE REQUESTI NG APPROVAL OF MORE THAN ONE OPTIONAL PREMISES SHALL: a . EXPLAIN THE REASON FOR EA CH OPTIONAL PRE~ISES REQUESTED ; b. DEMONSTRATE HOW THE OPTIONAL PREMISES RELATE TO EACH OTHER FROM AN OPERATIONAL STANDPOINT: c. DEMONSTRATE TO THE SATISFACTION OF ENGLEWOOD LIQUOR LICENSING AUTHORITY THE NEED FOR EACH OPTIONAL PREMISES IN RELATIONSHIP TO THE OUTDOOR SPORTS AND RECREATIONAL FACILITY AND ITS GUESTS ; AND -2- . ) I· 0 - • • -. .. • .,.-·• • :~' • -.. d. DDIONSTRA TE THAT THE OPTIONAL PREMISES WILL NOT ADVERSELY AFFECT THE NEIGHBORHOOD IN WHICH IT IS LOCATED . 4. SUBMITIA,L REQl"IRE'.\1ENTS . WHEN SlJBMITII!\G A REQ EST FOR THE APPROVAL OF AN OPTIONAL PRE'.\1ISES IN1TIALLY AND ANNUALLY THEREAFTER. AN APPLICA.\lT SHALL ALSO SCBMIT THE FOLLOWING : a. AN APPLICATION FEE PER OPTIONAL PREMISES AND THE LOCAL AND STATE LI CENSE FEES : b . A :',,!AP OR OTHER DRAWING ILLliSTRATING THE OCTDOOR SPORTS OR RECREATIONAL FACILITY BO U::W . .\RIES AND THE APPROXIMATE LOCATION OF EA CH OPTIONAL PREMISES REQUESTED : c. A LEGAL DESCRIPTION OF THE APPROXIivUTE AR EA \\"!THI'.\" WHICH THE OPTIONAL PREMISES SHALL BE LO CATE D: d. A DESCRIPTION OF THE METHOD WHI CH SHALL BE US ED TO IDENTIFY THE BOUNDARIES OF THE OPTIO!\"AL PRE'.\1J SES WHEN IT IS IN USE : e . A DESCRIPTION OF THE PROVlSIONS WHICH HA VE BEEN MADE FOR STORING VINOUS AND SPIRITUOUS LIQCORS IN A SECURED AREA , ON OR OFF THE OPTIONAL PRD1ISES . FOR THE FUTURE USE OF THE OPTIONAL PREMISES : AND f. A DESCRIPTION OF THE METHOD WHICH WILL BE "S EO T O IDENTIFY AND CONTROL THE OPTIONAL PREMISES WHEN IT IS IN USE. FOR EXAMPLE, THE APPLICANT '.\1.A Y DE SCRIBE THE TYPES OF SIGNS, FENCING OR OTHER NOTI CE O R BARRIERS TO BE USED IN ORDER TO CO NTROL THE OPTIONAL PREMISES. B . ADVANCE NOT IFICATIO N . PURSUANT TO SECTION 12--li-3 10 (3) AND (-1 ), C .R.S ., NO ALCOHOLIC BEVERAGES MAY BE SERVED ON AN OPTIONAL PREMISES WITHOUT THE LICENSEE HAVlNG PROVIDED WRITTEN NOTICE TO THE STATE AND THE ENGLEWOOD LIQ UO R LI C ENSl:s!G AUTHORITY . C. NOTICE AND HEARING PROCEDURES. THE NOTICE , STANDARDS AND HEARING PRO CEDURES OF THE ENGLEWOOD M UN IC IPAL CO DE 5 -JA-5 AND THE COLORADO LIQUOR CODE SHALL BE US ED . Section 3. Safety Clauses The City Co uncil . hereby find s. determmes , and declares that this Ordinance is promulgated under the general police powe r of the City of Englewood , that it is promulgated for the health . safety, and welfare of the public, and that this Ordinance is nece ssary for the prese rvation of hea lth and s afety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rationa l r elation to the prope r legis lative object sought to be obtained . -3- • .. I . 0 -• • • • - Sectjon 4. Seyerabj)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, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Sectjon 5 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 6 . Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by tlus 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 shall be treated and held as still remaming in force for the purposes of sustaining any and all proper actions , wts , proceedings. and prosecutions for the enforcement of the penalty, forfeiture . or liabtli ty , 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 prosec utions . Sectjon 7. fe.wuty. The Penalty Provision of E .:Vl.C. Sectio n 1-4-1 shall apply to each and every violation of this Ordinance . Introduced, read in full , and passed on first reading on the 17th day of January , 2000 . Published as a Bill for an Ordinance on the 21st day of January, 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and passed on first reading on the 17th day of January , 2000 . Loucr1shia A. Ellis -4- • ., ... I • C, • • • ORDINANCE NO . _ SERIES OF 2000 • • • • - BY AUTHORITY COUNCIL BILL NO . 3 INTRODUCED BY CO MEMBER~~~~ ....... "T--/ A BILL FOR AN ORDINANCE AMENDING TITLE 5 , CHAPTER 38, SECTION 3, OF THE ENGLEWOOD MUNICIPAL CODE 1985, WHICH PERTAINS TO LIQUOR OCCUPATIONAL FEES. WHEREAS. in 1987, the term "Occ upation a l Fee " wa changed to "Occ upational Ta x·· by the passage of Ordinance No . 19, Series of 198i: a nd WHEREAS , this was deemed advantageous. at the time . due to the limi ts pl aced on municipalities by the State in assessing ce rtain fe es: and WHEREAS , on June 21 , 1999, the City Co uncil approve d Ordinance No . 33 on final reading, placing a TABOR question on the November election ba ll ot regarding the a dditi on of Occupational Ta xes for certain types of liquor li ce nses ; and WHEREAS . under TABOR , approval of a n ew tax must be obtained from the vote r . whi ch was achieved at the November 2 . 1999 General Municipal Ele ction whe n the vot e r s appro,·ed Referred Ballot Question No . 2A ; and WHEREAS, no Occupational Tax is recommended for the Bed and Breakfast ca tegory . s in ce alcohol is not so ld. but served only to guests of the Bed and Breakfast: and WHEREAS, when the ownership of a liquor license is trans ferred. the new own er is credited for any occupation tax paid by the previous owner for the unexpired term of the previous owner's license; and WHEREAS, the Englewood City Clerk's Office recommends that this be done on a day by day basis. rather than monthly, to better accommodate the applicant; and WHEREAS, the Engle wood City Council reviewed this r eco mm e ndation at the Fe brua ry 8 . 1999 Study Session; NOW . THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood, Colorado hereby a uthorizes a me nding Title 5, Chapter 38, Section 3, of the Englewood Municipal Code 1985, to read as follow s : 5-38-3: ANNUAL LICENSE FEES AND OCCUPATION TAX: A. Annual license fees shall be paid to the City as provided by State law . s hall be paid 111 advance. and shall not be rebated or discounted on a proportionate basis for any license in existence or issued for less than a year. Said fees shall be in addition to a ny a nnual license fees or registration fees required to be paid to the State . • 0 I • 0 • • • ·• • • - ... B. The business of selling at retail any fermented malt beve rage , malt. vi n ou s or spirituo us liquors , is here by d efine d and se parately classified as a n occ up ation as specified be low . The following annual occupatio n taxes a r e h e r eby established a nd shall be paid by the a pplica nt or licensee to the City : l. Retail liquor stor e ~: S300 .00 2 . Liquor-licensed drug store lteetteee: 300 .00 3 . Bee r and wine ~: 450 .00 4. Hote l a nd r estaura n t ~: 650 .00 5 . T avern tteeft!!ee: 650.00 6 . Club tteeft!!ee: -t50 .00 7 . Arts tteeft!!ee'. 00 .00 8 . BREWPUB : 750 .00 9 . OPTIONAL PREMISES : 650 .00 10 . OPTIONAL PREMISES WITH HOTEURESTAU RANT LICE NS E : 100.00 EACH OPTIO'.'\AL PREMI SES 11. BED AND BREAKFAST : 00.00 12 . MINI BAR : 450 .00 8-. 13 . All licensee lice n sed to sell fer m e n ted malt beverages fo r co n s umption both o n a nd off the pre mises: 950 .00 9 . 14 . All li ce n sees licensed to sell onl y fermented malt beverages by the drink for co n s umption on the pre mi ses: 950 .00 W., 15 . All licensees licensed to sell only fermented malt beve rages in their original co ntainers fo r co n s umption off the premises: 300 .00 Said taxes s hall be in addition to the annual lice n se fees paid to the City a nd the State and s h a ll be paid prior to the issuance or r e newal of t h e City li ce n se. No refund of any tax paid in accordance with this Chapter s hall be m a de to a n y perso n who discontinues or sells his/her business during the duration of the lice n se; provided , however, that the new owner of any esta bli s hment, when approved as the new licensee , s hall be credited on a~ DAILY basis for any occ upation tax paid by the previous owner for the unexpired term of the previous owner's lice n se. 2 • ) I • 0 • • • • .. • - In addition to any other remedy provided by this Chapter, the City s hall h ave the right to recover all sums due and owing under this Chapter by any civil remedy available under existing law. Furthermore, the provisions of Section 4-4-19, Englewood Municipal Code. 1985. "U nlawful Acts", is incorporated herein and made applicable thereto. Section 2. Title Safety CJauses The City Council hereby finds , determines, a nd decla res 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. SeyerabiJity If any clause, sentence, paragraph. or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adj udged by a court of competent jurisdiction invalid. s uch judgment shall not affect. impmr or mvalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 4 . Inconsistent Ordinances All other Ordinances or portions thereof inco nsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to t he extent of such inconsistency or conflict. Section 5. Effect of repeal or modification The repeal or modification of a ny provis ion of the Code of the City of Englewood by this Ordinance shall not release , extingwsh, alter, modify , or change m whole or in part any penalty, forfeiture . or liability, eithe r civtl or criminal. which shall have been incurred under such provtsion . and each provts1o n s hall be treated and held as still remaining in force for the purposes of su staining a n y a nd a ll proper actions, suits, proceedings, and prosecutions for the enforcement of the pe nalty , forfeiture . or liability, as well as for the purpose of sustaining any judgment, decree , or order wh1ch can or may be rendered, entered, or made in s uch actions , suits, proceedings, or prosecution s . Section 6 . .&.na.lll. The Penalty Provision of E.M .C. SectJon 1-4 -1 s hall app ly to each and every violation of this Ordinance. Introduce d , read in full , and passed on first reading on the 17 t h day of January . 2000 . 3 ' . · .... .. ) I • 0 32 • -• ~ -• ,, ' ~·· .. -~ • -.. Published as a Bill for an Ordinance on the 21st day of January , 2000 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced , r ead in full , a nd passed on first reading on the 17th day of January , 2000 . Loucrishia A. Ellis 4 ' I • 0 J • • -. .,..-·• • I• .. • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: Amend Title 5 , Chapter 36, January 17, 2000 Section 3 of the Englewood 11 a ii Municipal Code regarding Liquor Occupational Fees Initiated By: Staff Source: City Clerk 's Division of the Department of Frank Gryglewicz . Director of Financial Financial Services and the Englewood Liquor Services and Brenda Castle . Deputy City Licensing Authority Clerk COUNCIL GOAL AND PREVIOUS ACTION Goal: To establish an annual Occupational Tax for classifications of liquor licenses . which were not previously included in the Englewood Municipal Code . Since most types of liquor licenses are already being charged an Occupational Tax , this is a matter of equity . Council reviewed this recommendation at the February 8 , 1999 Study Sess ion. On June 21 , 1999, Council approved Ordinance No . 33 on final reading , placing a TABOR question on the November ballot regarding the addition of Occupational Taxes for certain types of liquor licenses . BACKGROUND In 1987, the term "Occupational Fee " was changed to "Occupational Tax" (via City of Englewood Ordinance 19, Series of 1987). This was deemed advantageous , at the time , due to the limits placed on municipalities by the State in assessing certain fees . Under TABOR, approval of a new tax must be obtained from the voters . This was achieved at the November 2 , 1999 General Municipal Election , when the voters approved Referred Ballot Question No. 2A. RECOMMENDED ACTION Council approval of a bill for an ordinance establishing an annual Occupational Tax for each of the following classifications of license : Brew Pub License Optional Premises License Optional Premises with H/R license Mini Bar Permit $750.00 $650 .00 $100 .00 for each optional premise $450 .00 No Occupational Tax is recommended for the Bed and Breakfast category, since alcohol is not sold , but served only to guests of the Bed and Breakfast for four hours a day . The four separate categories of licenses and permits are explained in the attachments . When the ownership of a liquor license is transferred, the new owner is credited for any occupation tax paid by the previous owner for the unexpired term of the previous owner's license. The City Clerk 's office recommends that this be done on a day by day basis, rather than monthly , to better accommodate the applicant. • .. 0 I . 0 - • • • --------------..-------.--------------------------------. -• )·~ .. .. ....... " • • .. FINANCIAL IMPACT Each of the fees listed above would be received yearly from each licensee holding that type of license. Currently, the City realizes approximately $27,700.00 a year in Liquor Occupational Taxes. LIST OF ATTACHMENTS Description of four categories of license/permit Proposed council bill .. . , I· 0 3 xi • • .. • ,,.-- • .. .. . . " • -" BY AUTHORITY COUNCIL BILL NO . 2 ORDINANCE NO ._ SERIES OF 2000 ~~~~CE~~ A BILL FOR AN ORDINANCE AUTHORIZING THE ACCEPTANCE OF A GRANT OF PROPERTY FROM RACO FAMILY PARTNERSHIP . WHEREAS , RACO Family Partnership, Richard L . Randall , General Partner has agreed to give the property described on the attached Quit Claim Deed to the City of Englewood, Colorado : and WHEREAS, the purpose of this gift is to provide the City with a multi-use hike/bike/channel maintenance path; and WHEREAS , this gift will also help to conserve the creek riparian habitat and enhance the flood channel ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : $ectjpn L The Quit Claim Deed for a piece of property containing approximately 52.200 square feet, located on South Windermere, from RACO , Family Partnership to the City of Englewood , attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council . Introduced, read in full . and passed on first reading on the 17th da y of January, 2000 . Published as a Bill for an Ordinance on the 21st day of January , 2001. Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk -I - . ., ' ~ ) I • 0 2X - • • • .. • - 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 , re a d in full, and passed on first reading on the 17th day of January, 2000 . Loucrishia A. Ellis -2- . . ., .. I • 0 • • .. • • • -... QUIT CLAIM DEED THIS DEED, made this j 3 day of De C. ~ b Q(" between RACO Family Limited Partnerslup 1601 West Belleview L1 ttleton. Colorado 80120 of the County of Arapahoe and State of Colorado, granter. and THE CITY OF ENGLEWOOD , COLORADO a Home Rule Municipality whose legal address 1s 3400 South Elati Street Englewood, Colorado 80110 of the County of Arapahoe and State of Colorado. grantee . , 1999, WITNESSETH, That the granter, RACO Family Limited Partnerslup . fo r and m consideration of a donative transfer. the receipt and sufficiency of which is hereby acknowledged , has remised. re leased . so ld . conveyed and QUIT CL.\.IMED , and by these presents doe s remise . release. sell. convey and QUIT CLAIM unto the grantee. its heirs, successors and assigns forever . all the right, title . interest, claim and demand which the granter has m and to the real property, together with improvements. if any. situate, lying and bemg m the County of Arapahoe and State of Colorado, described as follows : North Parcel: The South 50' of Lot 1. Block l. Randall's Subdivision Filing ~o. 2. City of Englewood, Arapahoe County Colorado Containing 25.800 square feet more or less South Parcel: The North 50' of Lot 1, Block 1. Randall's Subdivision Filing :-.lo . 1. Amendment No. 1. City of Englewood, Arapahoe Coun!y Colorado Containing 26.400 square fe et more or less . Said property contains 52.200 square feet more or less and is located within Arapahoe County Enterprise Zone . TO HAVE AND TO HOLD the same. together with all and singular the appurtenances and privileges thereunto belonging, or in anywise thereunto appertaining, and all the estate. right. title , interest and claim whatsoever . of the granter, either in law or equity, to the benefit of the grantee , its heirs and assigns forever . E X ... I • I T A ) I • 0 - • • • • • -· • ~•'" .. .. ·~ • -' ... IN WITNESS WHEREOF, The grantor has executed this deed on the date set forth above . RACO Family Limited Partnership y.~]~~11.-M Richard L . Randall, General Partner STATE OF COLORADO . l COUNTY OF ARAPAHOE ) ss . The foregoing instrument was acknowledged before m e th.ts 2 )fay of UC...... 19 99 . by Richard L . Randall as General Partner of RACO Family Limited Pa rtne r s hip . My commission expires: Witness my hand and official seal. ~q ~, 2.0(Y2.. Notary Pub!' -2- • ' . .. ' 0 I • 0 3 • • --. .• p --. • ~ .. • - COUNCIL COMMUNICATION Date Agenda Item Subject January 17 , 2000 Quit Claim Deed of RBI Property 11 a iii For Big Dry Creek Trail Development Initiated By Staff Source Department of Parks and Recreation Jerrell Black. Director of Parks and Recreation Dave Lee , Manaoer of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Ordinance# 40, Series 1993 -Intergovernmental Agreement between the City of Littleton . the South Suburban Parks and Recreation District. and the City of Englewood for the funding of the preparation of the Big Dry Creek bicycle Trail Master Plan . City of Englewood contribution -$8,457.50 Ordinance # 41 , Series 1994 -Intergovernmental Agreement between the City of Littleton, the South Suburban Parks and Recreation District , and the City of Englewood for the development of the Big Dry Creek Pedestrian /Bicycle Trail Project from the South Platte River Trail to Progress Park in Littleton . Total Project Cost -$757,000 City of Englewood contribution -$38.458 1998 Budget -Council budget approval of $40 ,000 for the City of Englewood contribution to the Big Dry Creek Trail Project . 2000 Budget -Council budget approval of $40 ,000 for the City of Englewood contribution to the Big Dry Creek Trail Project RECOMMENDED ACTION Staff recommends Council approval of a bill for an ordinance authorizing the acceptance of a grant of property from RACO , Family Partnership (RBI) for the continued development of the Big Dry Creek Pedestrian/Bike Trail. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The development of the Big Dry Creek Pedestrian/Bike Trail began in 1993. The City of Englewood. the City of Littleton, the South Suburban Parks and Recreation District. and the South Suburban Park Foundation have been partners in this project. The bike path through Belleview Park was completed in 1998 . The next phase for construction is the section from Windermere to Santa Fe. The bids for this portion are scheduled to be advertised in February , 2000 . Construction is to begin in March/April and completion to occur in ear1y Fall. As part of the Windermere to Santa Fe phase , RBI will convey the property needed for the trail system to the City of Englewood. The property is half in the City of Littleton and half in the City of Englewood. It consists of an area 5200 square feet in size and is approximately 100 feet in length. South Suburban Parks and Recreation District will build and maintain this portion on the trail. FINANCIAL IMPACT There is no financial impact. The property is being deeded over to the City of Englewood for the purpose of construction of a bicycle path . • ., ) I . 0 J • • LIST OF ATTACHMENTS Ordinance Copy of Quit Claim Deed Property Map • ,. • • ·---------------------~~~------ .., ... • I ) I . 0 3 X • f ~-·. .. • • . ' -' S. Santa Fe Dnvc Windermere ) ~ t€. " s Broadwa)· I i ... I ::; . .. !a. ~ i r g-~ ~ ;' ~ ~ • ;- IJC • " • I • 0 • ,,,-. • - • - - .:--.~ .. :~i=~ -----·. ,,,,__,,.-:_ -. -··---1-_--· - • • I • 0 ----- -L ·~ ;. ~~-ii!/ . ~ • j I . , ~ ·, -,:!;, --'...-~ . . ~-0 ·(--/· I ! ·. ---- ~-II V • ] • RESOLUTION NO. __ SERIES OF 2000 t .... , ·• ,, ,,,-. • • - A RESOLUTION DECLARING THE INTENT OF THE CITY OF ENGLEWOOD, COLORADO TO ISSL'E MULTIFA1'1ILY HOUSING REVENUE BONDS TO PROvlDE FINANCING FOR A MULTIFAMILY RESIDENTIAL FACILITY FOR LOW AND MIDDLE INCOME PERSONS .AND FAMILIES; PRESCRIBING CERTAIN TEfu\iIS .A.'-1) CONDITIONS OF SUCH BONDS; AND CONTAINING OTHER PROVISIONS RELATING TO THE PROPOSED ISSUA.'llCE OF SUCH Bmms. WHEREAS. the City of Englewood. Colorado (the "City"), is a legally and regularly cr eated . establis h e d , organized and existing hom e rule city under the Municipal Home Rule Act of 1971 . constituting Article 2 , Part 201 et seq. of Title 31. Colorado Revi sed Statutes , a s a mende d . the la ws of the State of Co lorado (the "State") and the home rule charter of the Ci t y (the "Ch a rte r"): a n d WHEREAS , the City is authorized by its Charter and the County and Muruc1pal.ity Developm e nt Reve nue Bond Act, constituting Article 3 , Title 29 , Colorado Revised Statutes . as amended (the "Act''), t o fina n ce one or more project s (which includes any la nd . build ing or othe r tmprovement a n d real a nd pe r so nal properties) to the end that resi dentia l fa cilities fo r low-and mtddle-mcome perso n s or families m ay be provided which promote the public h ealth, welfa r e. safety. co nve me nce and pros penty: and WHEREAS , the City is further authorized by its Charte r and the Act to issue reve nue bo nd, fo r the purpose of defraying the cost of financing any project, including the payment of princi pa l a nd inte rest on s uch revenue bond s for n ot exceeding t hree year s , the funding of any re se rve fu nds whi ch the go verning body of the City may dee m a d~,sable to establi s h in co nnectio n w1t h the r etireme nt of such reve nue bonds or the m ainte nance of the proj ect and all in cidental expe n ses incurred in is swng such revenue bonds, and to secure pay ment of such revenue bonds as provided in the Act ; a nd WHEREAS , the City and the Englewood Urban Renewal Authority (the ".Au t hority'') curre ntly own certain vacant real property bo und ed by Broa dw ay, Englewood Parkway. Acoma S treet and Ha mpden Ave nue, within the bound a n es of the City (the "Property"); and WHEREAS . the City and the Authority are willing to convey ce rtain prope rties for public purposes that include the construction of residen tial housing facilitie s in furthe r a n ce of the Act ; and WHEREAS , the Property is currently zon ed B-1 , Bus iness , which pe rmits uses by r etail. service. office and multifamily r eside n tia l facilities , or combinations of thos e uses; a nd WHEREAS , representa tives of MJT Properties. and its successors or assigns (b ut only if s uch s uccessors or assigns are acceptable t o the City) (the "Developer"), have met with official s of the City and have a d vised the Cit y of the De ve loper's interest in t h e acquisition , construction, improvement and equipping of a mixed-use retail, office and multifamily renta l housing projec t . consisting of a m inimum of 60 residential housing units co ntaining co mplete fac ili tie s fo r living and a minimum of (90] parking s paces . and have proposed that the City issue its multifamily h ou s ing r eve nue bo nd s. in one or more series, to finance the [Name of Proj ect} (the "Project"), an age r estricted sen io r living facility for low -and middle-income pe r so ns or famili es, which Project is located n ear [Locatio n of Project]. within the boundaries of the City , to be owned and operated by the Develope r : and WHEREAS, the Housing Division of the Colorado Department of Local Affairs requires tha t the City Council of the City (the "Council") adopt an Inducement Resolution in order to allocate from the Statewide balance private activity bond volume cap for a City sponsored eligible proj ect; and 02-S7749 .01 • I • 0 ------------------------------------~ .. ,.--------------------------- -- • • • • ... • - WHEREAS. the Project constitutes a project under the Act. and the City wishes to declare its Ultention to authorize an issue of its multifamily housing revenue bonds. in one or more series (the "Bonds''), for the purpose of paying the cost of financing the Project, upon such terms and conditions as are contained herein; and WHEREAS, the City has considered the Developer's Project proposal and . upon the expectation that the Project will provide more adequate residential rental housing for low-and middle-income persons and families within the City, the City wishes to declare its present intention to authorize the Bonds for the aforesaid purposes, all upon such terms and conditions as may be agreed upon by the City , Kutak Rock LLP ("Bond Counsel") and the Developer; NOW , THEREFORE. BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO : Sectjon 1. In order to benefit the residents of the City, the City hereby declares its intent to authorize the issuance of the Bonds in an aggregate principal amount not to exceed $(5.000 .000], which amount is estimated to be sufficient: (a) to finance a portion of the Proje ct; and (b ) t o pay cert3in costs incurred in connection with the issuance of the Bonds . Sectjon 2. The Bonds shall be special, limited obligations of the City payable solely fr om the payments to be made by the Deve loper to the City under a Loan . .\gree men t t o be entered into by and between the City and the Developer. Sectjon 3. The Council hereby finds . dete rmrn es , re ci t es and declares that the Bond s shall not constitute the debt, multiple fiscal year obligation or indebtedness of the City , the State or any political subdivision of the State within the meaning of any provi sio n or lim1t a t1 on of the State Constitution or statutes and shall not constitute nor give rise to a pe curuary liability of the City or a charge against the City"s general credit or taxing powers, nor shall the Bonds ever be deemed to be an obligation or agreement of any officer. director, agent or employee of the City in such pe r son 's individual capacity , and none of such persons shall be subject to any personal liab1hty by re ason of the issuance of the Bonds . Sectjon 4. The Council hereby find s. determines, recites and declares that the iss uance of the Bonds to finance the Project will promote the public purposes set forth m the Act. rncluding . wirhout limitation, assisting persons or families of low-and middle-income in obtaining dece nt. safe and sanitary housing. Sectjon 5. The Council hereby finds , determines, recites and declares the C1ty 's intent that th1s Resolution constitute an official indication of the present intention of the City to iss ue the Bonds a s herein provided, subject to : (a) the Developer either obtaining a binding final co mmitment of credit enhancement for the Bonds from a credit enhancement entity which is acceptable to the City and its Bond Counsel or obtaining a commitment for the purchase of the Bonds on a private place ment basis by qualified institutional buyers or accredited investors which are acceptable to the City and its Bond Counsel, (b) the delivery of an approving opinion of Bond Counsel t o the City, (c) the delivery of a market study, appraisal, survey, title insurance . environmental audit and plans and specifications which are all acceptable to the provider of credit enhancement and the City, (d ) the Developer obtaining sufficient debt and equity financing acceptable to the City , and (e) the adoption of a final bond ordinance by the Council. 02 -57749 01 2 • ' ) I • 0 • -• .. • ,,,-- • ,~ :&11, ' ... ~ . . ... • • ' Section 6. The appropriate officers of the City are hereby authorized to take such actions as contemplated by the Internal Revenue Code of 1986, as amended and by the Colorado Private Activity Bond Ceiling Allocation Act, constituting Article 32 , Title 2-1. Part li. Colorado Re vised Statutes, as amended (the "Allocation Act") that may be nec essary to assist the De veloper in applying for volume cap allocation from the Statewide balance pursuant to the Allocation Act. Section 7. All actions not inconsistent with the provisions of this Resolution heretofore taken by the Council or any officer or employee of the City in furtherance of the issuance of the Bonds are hereby ratified, approved and confirmed. Section 8 . All prior acts, orders, resolutions, ordinances or parts thereof of the City in confuct with tlus Resolution are hereby repealed, except that this repeale r s hall not be construed t o re v1V e an act, order, resolution, ordinance, or part thereof, heretofore repealed . Section 9. If any section, paragraph. clause or provision of this Resolution s hall be adjudged t o be invalid or unenforceable , the invalidity or unenforceability of such section , paragra ph. cl a use or provision shall not affect any of the remaining sections, pa r agrap h s , clauses or prov1 s1on s of thi s Resolution. Section 10 . All by laws, orders, resolutions, ordinances, or parts thereof. incons iste nt he rew ith are h ereby repealed to the extent only of such inconsistency , and if so repealed , n o other by law , order, resolution, ordinance, or part thereof, shall be revived . This repealer shall not be construed as reviving any bylaw, order, resolution or ordinance, or part thereo f. ADOPTED AND APPROVED this lith day of January, 2000 . Thom as J . Burns , ~layor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Co lorado , hereby certify the above is a true copy of Resolution No. __ , Series of 2000. Loucrishia A . Ellis, City Clerk 02-57749.01 3 • ' '· " ~ ' .. I • 0 X • • .. ,. .,... . • l • • -' COUNCIL COMMUNICATION DATE : January 17, 2000 AGENDA ITEM SUBJECT: Inducement Resolution for Private Activity Bond 11 C i INITIATED BY : Community Development I STAFF SOURCE : Mark Graham . Senior Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: Encouraging economic development and commercial revitalization . Enhancing Englewood's quality of life by expanding affordable housing opportunities . RECOMMENDED ACTION: Staff recommends that City Council adopt the attached Inducement Resolution for the State of Colorado's January 2000 Private Activity Bond Allocation . The Resolution is required by the Colorado Department of Local Affairs-Housing Division in order to make application for a portion of the statewide balance of private activity bond volume cap. BACKGROUND: The City of Englewood , the Englewood Housing Authority (EHA ) and a private developer have proposed a partnership to develop retail , office and senior housing adjacent to Broadway and Englewood Parkway . The City together with the Englewood Urban Renewal Authority (EURA) own long vacant properties in Englewood with Broadway , Acoma and Englewood Parkway frontage . The properties are on a prominent comer in the Downtown Development district on the main road into the CityCenter Englewood area . The City and the EURA have the ability to convey the property for public purposes including economic development and moderate-income senior housing . The proposed land use is '"by right " in the existing 8- 1 zoning . The City is requiring the right to review architectural design and materials to assure that the project will be an asset to Englewood's Downtown . The private developer and the EHA are experienced developers, owners and managers of similar. local. retail and residential properties. The bond allocation together with low income housing tax credits and land discounts available on the project would enable the partnership to develop retail property that can be leased at the prevailing Englewood rates, and an estimated 50 to 80 senior housing apartments with a mix of one and two bedroom units expected to initially lease in the $500 to $800 per month range . Colorado City 's with populations over 40,000 , like Littleton , are entitlement for an annual $25 per capita PAB allocation. Cities with populations under 40 .000 , like Englewood . apply to the Stale for a PAB allocation from a pool of about $30 million . In recent years , Englewood has collaborated with other municipalities to request that Englewood's portion of the PAB be allocated to a regional first-lime homebuyer program sponsored by the Metro Mayors Caucus . FINANCIAL IMPACT: The PAB does not have adverse TABOR effects on Englewood . The proposed project could generate new sales tax revenues on more than 10,000 square feet of new retail space on Broadway . The construction phase of the project will generate sales and use tax on materials to the City . The property is also taxable for the EDDA. LISI OF ATTACHMENTS; Inducement Resolution \\ENG _CH\SY S\EVE RYONE\Letgt, Ann\AGENDAUanuary 17\CC PAB Inducement ResohJlion.doc • ., ' I • 0 • • -• • • - Wil'<"'DHOLZ & AS SOCIA TES ATTORNEYS AT LAW 1'51 lUHSTREET SUITE Ill WES f BOULDER. COLORADO 18301 ... JA.'I.IES A WINDHOLZ. P.C. DA\lD S. W!LLL\MS0:-1 \V!LLL.\M P. HAY,\SHI Telephone . (JOJ ) ~J-31 00 Fa.,· (303) ~3-;g35 MEMORANDUM TO: Mayor & City Council FROM : Englewood Downtown Development Authority ('·EDDA"), by Jim Windholz. its attorney DATE: January 17, 2000 RE: Proposed Mixed Use De,·elopment in Vicinity of Englewood Parl.-way and Broadway As the attorney for the EDDA I have been directed by the Board to submit this memorandum to you and express the following ~tters and concerns of the Board : 1. It is our understanding that at this evening's meeting, you will consider a proposal for application of a private activity bond project to develop the parking area in the: vicinity of Englewood Parkway and Broadway, which property is owned by the Englewood Urban Renewal Authority. 2 . The proposed development consists of a combination of retail and 62 residential units on a portion of the existing parking facility . 3 . The submittal deadline is January 21 , so this proposal has been put on a very ··fast track ." 4 . While EDDA has been working with City staff for over a year and a half. EDDA Board members and staff initially learned of this proposal last Thursday, January 13 . 5. We are concerned about the "fast track " maMer in which the matter has been proposed, with little communication with the Board and staff . 6 . We are v«y concerned with the proposal itself, which may place as much as 50,000 square feel of high density residential development on a very small tract of land . • .,_ • l • 0 - • • • • • - 7. We are concerned about the congestion, parking and traffic circulation problems such a proposal may present. 8. We arc concerned that the proposal contains high density, lower rent . residential uses in do\\1ttown . 9. It has been the downtown merchants' preference to consider retai l/office use s in this area with more adequate parking and traffic circulation than exists now , rather than high density residential uses with the attendant congestion and negative influences on parking and traffic circulation. We also wonder if a market exists for lower rent residential units in downtown . 10. We believe that a public, open. well attended debate , deliberation and consideration of this proposal is in order and that full communication with thos e of us impa cted by lhese proposed changes in downtown is essential. We look forward to the opportunity to discuss our concerns with you about our downtown community and the impact of this proposal upon us . Meanwhile , we respectfull y n:que st yo ur careful consideration ofthis "fast track ·' idea and urge caution until you can hear from th .: downtown comrnwtity. Thank you for your attention to our concerns . JAW:tm c . Mr. Harold Celva J\ilr. Gary Sears Mr. Bob Simpson ~Ir. Dan Brotzman 2 • I ) I • 0 32X - • • ,, --• I• .. :· ... . --.. TO: "AYOR TO" BURNS AND "E"BERS OF ENGLEWOOD CITY COUNCIL: THE FOLLOWING INDIVIDUALS VHO OVN PROPERTY AND/OR BUSINESSES IN DOVNTOVN ENGLEWOOD VANT TO REGISTER THEIR OPPOSITION TO THE INCLUSION OF LOV TO "ODERATE PRICED RESIDENTIAL UNITS IN ANY POTENTIAL DEVELOP"ENT, ON THE PROPERTY LOCATED AT THE CORNER OF 8ROADVAY AND ENGLEWOOD PARKWAY. BUSINESS NA"E AODRESS SIGNATURE DATE 11 -r~ T/l--L iv 4 /L s U ,7PLY 3 4 (, j 5. 6f<JN l>i.:.~7 /Ji7 A2ik --;-;7-C() 3'/(.1 S. 'B,o~d' ~~ l-lt-Db Tf.eV~Bo~ A If ti1 l ft!!' IL/Jf • JFJ.'I f. f?,(0 A#tl!Jf ~/~ 1-11-00 ' . ., I . 0 3 X • • .. •,. TO: "AYOR TO" BURNS AND • • • "E"BERS OF ENGLEWOOD CITY COUNCIL: .. .. THE FOLLOWING INDIVIDUALS WHO OWN PROPERTY AND/OR BUSINESSES IN DOWNTOWN ENGLEWOOD WANT TO REGISTER THEIR OPPOSITION TO THE INCLUSION OF LOW TO .. ODERATE PRICED RESIDENTIAL UNITS IN ANY POTENTIAL DEVELOP"ENT, ON THE PROPERTY LOCATED AT THE CORNER OF BROADWAY AND ENGLEWOOD PARKWAY. BUSINESS NANE AODRESS , SIGNATURE DATE -/<fw, f fir-+ r,~ -ri.J.J..dl.1M 5 //./' 3 3 ef &!Jko ~ ~~· ~ ;/.,;, ~/lnSJ;;.riJ.)~ 53/JJ. 8?~ ,¥YkJ CttJ:e.f J1, j c.keT ,3'/SS-s. B'='=y }-.Qt.,;Jii,nal' Yf'l/(J O f:.aw.u-J'~ Tu~~ '3'"'131 s /3rc,M~ ~ ~ 1-19/0-(;) ~ .~ {1,(//J,t-J/l'.:._.,.:-<,/-·j · .3"/'I/ s . ..!11-:£"-.. 'j · '..6-i;.·.Cu N;!JE~-:.:r ;/1-1./cc., '.) 31:;~u:__-'fJ/µ1, 3~9S;. ;:,-.,..,, $-/~0o f?v~__...,_, ApP.__,_,"• rr.TV 3 'f'/'~ S' fsr-<).+,--+r -~...,.--:>.........-I/tr(~<> / • ............. ll fl ; "4'1~ ':,. lSIIO~'T.:)...,....., ~ ~ ,/1'//60 ~..,,~ "'; ~ .. !:> :+,(~..., '/ r, C ~ ~ · 3uq ' .5', 6,otJ.\,..t ~ ,, f , , , ""....J '3'-\oo S~'l0.011v] . "{_ ·-n o0 \ w~ ) '1/'h. ~ #Jftm 2n& sY. (3 (f)"o ~i(' f,r-0124-P~ 3,;10 S g~~r-8rf ~ • .... I . 0 - • APP'07-0 APP'07-0 APP'07-0 • •·1-. .. • -.. BRADSHAW MOVED TO APPROVE TRAVEL FOR NA8HOt..Z TO NLC, MARCH 9 THROUGH 15 AT A COST OF 12,704.00 NABHOLZ MOVED TO APPROVE TRAVEL FOR BURNS TO NLC AT A COST OF $2,874.00 BRADSHAW MOVED TO APPROVE TRAVEL TO NI.C FOR GRAZULIS AT A COST OF $2,884.00AND 1i11CE HEBERLING, A YOUTH DELEGATE, AT A COST OF 12529.00 .. Oama Aid again he would at some point, like to haw•....., -ia...-. ~to~ whal outside travel council should be doing •Ill'• doing I In • Clltlalv9 nwiner with • plan as to how council delegates their resowaa. SEARS .... Would you like us to provide a calendar with the dllllrWlt ODl.,.awww . <MRAETT .... He noted Council just approved $10,000, wllldl ID'*" la a lat of~. He SI_...., maybe Council should designate people to go ID oataln plaoa. But he thought thal Council should indicate these are the things wa .. OD1111iillld to.'-.. ~ dollars and other things maybe we shouldn 't be H rm11iillld to and Counal _.. '-• Nltar understanding . These things tend to coma up, In Na view, • "oh ,w, 1111a -la rm1ing up and oh , that one is coming up ... ancl who INI and who doan't go." He Mid lie WOUid just like to have a policy ., • I 0 I • 0 X ] Ql!!E!llllll l. 2. 3 . 4 . 5 . Call to order. Invocation . .. -• • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY. JANUARY 17, 2000 7:30 P.M. r;:~;i._~ /)~ Pledge of Allegiance . ~ Roll Call. 1~ Minutes. .. &J .fJt. a. Minutes from 1 ~e Regular City Council meeting of January 3, 2000. ~ { A/ftfr! IJ : ti) ~(J£;!A) _) 6. Scheduled Visitors . (Please limit your presentation to ten minutes .) 7 . 8 . a. John Weigel, President of the Englewood Firefighters Association , will be present to express appreciation to Susan McDonnell, Victim Services Coordinator, for the service she provides the Department and the com~ Not~ v;,;,.,,,. (Please:";' y~ f~ Communications, Proclamations, and Appointments. a. ~:o A proclamation honoring Richard Randall , managing partner of RACO Family Partnership, for his generous donation of a parcel of land to accomm~at~ t"Jf. 4 . continued development of the Big Dry Creek Pedestrian /Bike Trail. fj~ PINN note: If you haw a dlublllty and nNd auxllary aids or NrYlc:H, plNN notify the City of Englewood (303-762-2405) at least 48 howa In advance ol when NrVlcH .. nNdecl. Thank you. -. ., I • 0 • • -. • ,,.-· • • - Englewood City Council Agenda January 17, 2000 Page 2 9 . 10. Public Hearing. (None scheduled) Co~Ageada r~ a. Approval o f Ordinances on First Reading. i. COUNCIL BILL NO. 1 -Recommendation from the U tiliti es Department to adopt a bill for an ordinance amending the En glewood Municipal Code to comply with State mandat ed limit s for late char ges for Water, Sewer, Storm, and Concrete. STAFF SOURCE : Stewart H. Fonda, Director of Utilities. b . Approval of Ordinances on Second Rea din g. fr c. Resolutions and Motions. i. ii. Recommendation from th e Com munity De elopment Department to adopt a resolution establishin g fees for Histori c Pre serva ti o n de sig~~ application s. STAFF SOURCE: Lauri Dannemiller, Planning Analys~ Recommendation from th e Department of Public Works to ap prove, b motion, the purchase of two street sweepers. Staff recomm e nd s purchasing the street swe eper s through the State of Colorado bid program from Farris Machinery Company for a cost of $82 ,850 per unit (a total of $165,700). STAFF SOURCE : Ken Ross, Director of Public Works . 11 . Regular Agenda . a. Approval of Ordinances on First Reading . ii. COUNCIL BILL NO . 4 -Recommendation from the City Clerk 's Office and the Englewood Liquor Li ce nsing Authori ty to adopt a bill for an ordinance establishing an Optional Premi ses Liquor Licen se and Optional Premises with Hotel/Restaurant Liquor Lic ense in the City of Englewood . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services and Brenda Castle, Deputy City Cle~ COUNCIL BILL NO. 3 -Recommendation from the City Clerk 's Office and the Englewood Liquor Li ce nsing Authority to adopt a bill for an ordinance amending the Englewood Municipal Code regarding Liquor Occupational Fees . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services and Brenda Castle, Deputy City Clerk~ PINN note: If you hllve a dlublllty and need auxiliary aids or sarvlces, pleue notify the City of Englewood (303-762-2405) at least 48 hours In advance of when services are l'INdad. Thank you . • I • 0 ·------------------------.....,..-------··----- ] • • • ....... • - En glewood C,ty Council Age nda jan uary 1 7, 2000 Page 3 b . c . iii. COUNCIL BILL NO. 2 -Recommendation from the Department of Park s and Recreation to adopt a bill for an ordinance authorizing the acceptance of a grant of property from RACO , Famil y Partnership (RBI ) for the continued development of the Bi g Dry Creek Pedestrian /Bike Trail. STAFF SOURCE: Jerrell Black, Dir~o; ~f :a~ Recreation ad Dave Lee, Manager of Open Space. ~vu;(_,{ Approval of Ordinances on Second Reading . Res£:s and Motions. i. Recommendation from the Community Deve lopment Department to /). --'-adopt an inducement resolution supporting an ap plication for Pri va te f/.l-0~ -Activity Bonds. (Note: Resolution will be distributed prior to the City M .,(~./ ~l~:~i~. r;J-2n Monday.) STAFF ~RCE: ~' ~ I '";Ttfi ~ ~ )IJ 12 . General Discussion . a. Mayor's Choice. b . Council Members' Choice. 13 . City Manager's Report. a. CityCenter Englewood Update. 14. City Attorney's Report. nh ~:torv Adjournme/ ~ ..,.....- The following minutes were transmitted to City Council between December 30 , 1999 and January 13 , 2000: Englewood Parks and Recreation Commission meeting of November 11 , 1999 Englewood Liquor Licensing Authority meeting of December 1, 1999 Engle wood Planning and Zoning Commission meeting of December 7 1999 Englewood Liquor Licensing Authority meeting of December 8, 1999 Englewood Parks and Recreation Commission meeting of December 12, 19 99 Englewood Code Enforcement Advisory Committee meeting of December 15 , 1999 P ..... noee: If you have • dlublllty and nNd auxiliary aids or NrVlcN, pleue notify the City of Englewood (303-762-2405) at 1eaat 41 hours In advance of when NrVlcH.,. needed. Thank you . • ) I • 0 • • ,. ~-· G • - /M tr~'/~ ;2_. 9umtduu -- J . ~ r ~ - '-l Ruj_ fV}: ~: n~~ ~~ ~~ .,/ v ~~ ~v rz; ---~ ~ 5. e,e,/h,)07) ~ ~~ b-( It t0ctb-y' • • , . I· 0 ... ,. G 0 . - j I· -. • .• ,. ,.. . - 0 • - ) • • I · 0 ...... • • • • RESOLUTION NO . __ SE RIES OF 2000 ... .. • • - A RESOLUTION DECLARING THE INTENT OF THE CITY OF ENGLEWOOD , COLORADO TO ISSUE MULTIFAMILY HOUS ING REVENUE BONDS TO PROVIDE FINANCING FORA MULTIFAMILY RESIDENTIAL FACILITY FOR LOW AND MIDDLE INCOME PERSONS AND FAMILIES; PRESCRIBING CERTAIN TERMS AND CONDITIONS OF SUCH BONDS ; AND CONTAINING OTHER PROVISIONS RELATING TO THE PROPOSED ISSUANCE OF SUCH BONDS . WHEREAS, the City of Englewood. Colorado (the "City''), 1s a legall y a nd regul a rl y created , established, organized and existing home rule city under the Municipal Hom e Rule Act of 19 7 1. constituting Article 2, Part 201 et seq. of Title 31 , Co lorado Revised Statutes, as amended. the laws of the State of Colorado (the "State") and the hom e rule ch a rter of the City (the "C h arter''): a nd WHEREAS, the City is authorized by its Charter a nd the Co unty and Municipality Development Revenue Bond Act, constituting Article 3, Title 29 , Co lorado Revised Statutes, as a mended (the "Act"), to finance one or more projects (which includes any land, building or other improveme nt a nd real and personal properties) to the end that residential facilities for low -a nd middl e-inco me persons or families may be provided which promote the public health, welfare , safety. convenience and prosperity; and WHEREAS, the City is further authorized by its Charter and the Act to issue reve nue bond s for the purpose of defraying the cost of financing any project, including the paym e nt of principal a nd interest on such revenue bonds for not exceeding three years, the funding of any r eserve funds which the governing body of the City may deem advisable to establish in connection with the retirement of such revenue bonds or the maintenance of the project and all incidental expenses incurred in iss uin g such revenue bonds, and to secure payment of s uch revenue bond s as provided in the Act.: a nd WHEREAS, the City and the Englewood Urban Renewal Authority (the "Authority'') currently ow n certain vacant real property bounded by Broadway, Englewood Parkway , Acoma Street a nd Hampden Avenue, within the boundaries of the City (the "Property''): and WHEREAS , the City and the Authority a re willing to co nvey certain properties for publi c purposes that include the construction of resid ential ho usi ng facilitie s in furtherance of the Act ; a nd WHEREAS , the Property is currently zoned B-1 , Bus iness, which permits uses by r etail, service, office a nd multifamily residential facilitie s, or combi nations of those uses ; a nd WHEREAS , representatives of MJT Properties, a nd its s uccessor s or assigns (but only if such s ucces ors or assigns are acceptable to the City) (the "Developer"). have met with officials of the City a nd have a dvised the City of the Developer's interest in the acquisition, construction. improveme nt and eq wppmg of a mixed-use retail, office and multifamily rental housing project, consisting of a m1mmum of60 residential housing units containing complete facilities for living and a minimum of 190) parking s paces , and have proposed that the City issue its multifamily housing revenue bond s, m one or more series, to finance the [Name of Project} (the "Project"), an age r estricted semor living facility for low-and middle-income persons or families, which Project is located near [Location of Project), within the boundaries of the City, to be owned a nd operated by the Deve lop e r : and WHEREAS , the Housing Division of the Colorado Department of Local Affairs r equires that the City Co uncil of the City (the "Council") adopt an Induce ment Resolution in order to allocate from the Statewide balance private activity bond volum e cap for a City sponsored eligible project; and 02-S7749 0 1 • ... I • 0 - • • • • ~ ,,,-. • • -' WHEREAS, the Project co n stitutes a project under the Act. and the City wishes to declare 1t intention to authorize an issue of its multifamily housing revenue bonds, in one or more senes (the "Bonds"), for the purpose of paying the cost of financing the Project, upon such terms and conditions as are contained herein; and WHEREAS , the City has considered the Developer's Project proposal and, upon the expectation that the Project will provide more adequate residential rental housing for low-a nd middle-income persons and families within the City, the City wishes to declare its present intention to auth orize the Bonds for the aforesaid purposes, all upon such terms and conditions as may be agreed upon by the City, Kutak Rock LLP ("Bond Counsel") and the Developer; NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD, COLORADO : Section 1. In order to benefit the residents of the City, the City h e r e by d eclares its mtent to authorize the issuance of the Bonds in an aggregate principal amount not to exceed $[5 ,000.000]. which amount is estimated to be sufficient: (a) to finance a portion of the Project: and (b) to pay certain costs incurred in connection with the issuance of the Bonds. Section 2. The Bonds shall be special, limited obligations of the City payable sole ly from the payments to be made by the Developer to the City under a Loan Agreement to be e ntered into by and between the City and the Developer. Section 3. The Council hereby finds , determines , r ecites and d eclares that the Bonds s h a ll n ot constitute the debt, multiple fiscal year obligation or indebtedness of the City , the State or any political subdivision of the State within the meaning of any provis10 n or limitation of the State Constitution or statutes and shall not constitute nor give rise to a pecumary liability of the City or a charge against the City's general credit or taxing powers, nor s hall the Bonds ever be deemed to b an obligation or agreement of any officer, director. agent or employee of the City m s uch person's individual capacity, and none of such persons s hall be s ubiect to any personal liability by r eason of the issuance of the Bonds. Section 4. The Council hereby finds, determines , r ecites and declares that the iss uance of the Bonds to finance the Project will promote the public purposes set forth in the Act, including, without limitation, assisting persons or families of low -and middle-income in obtaining dece nt. safe and sanitary housing. Sectjon 5. The Council hereby finds , determines. r ecites and declares the City's m te nt that thi s Resolution co nstitute an official indication of the present intention of the City to issue the Bond s as herein proVIded , subject to: (a) the Developer either obtaining a binding final commitment of credit enhancement for the Bonds from a credit enhancement entity which is acceptable to the City and ,ts Bond Counsel or obtaining a commitment for the purchase of the Bonds on a private placement basis by qualified institutional buyers or accredited investors which are acceptable to the City and its Bond Counsel, (b) the delivery of an approving opinion of Bond Counsel to the City, (c) the delivery of a market study, appraisal, survey, title insurance, environmental audit and plans and specifications which are all acceptable to the provider of credit enhancement and the City, (d) the Developer obtaining sufficient debt and equity financing acceptable to the City, and (e) the adoption of a final bond ordinance by the Council . 02-S7749 0 1 2 • .. I • 0 - • • • .. ~ ~ • ··~ .. . .. .. ., • -.. $ection 6 . The appropriate officers of the City are hereby authorized to take such actions as contemplated by the Internal Revenue Code of 1986, as amended and by the Colorado Private Activity Bond Ceiling Allocation Act, constituting Article 32, Title 24 , Part 17, Colorado Revised Statutes, as amended (the "Allocation Act") that may be neceBBary to assist the Developer in applying for volume cap allocation from the Statewide balance pursuant to the Allocation Act. $ectigp 7. All actions not inconsistent with the provisions of this Resolution heretofore taken by the Council or any officer or employee of the City in furtherance of the issuance of the Bonds are hereby ratified, approved and confirmed . $ectigp 8 . All prior acts, orders, resolutions, ordinances or parts thereof of the City in conflict with this Resolution are hereby repealed, except that this repealer shall not be construed to revive an act, order, resolution, ordinance, or part thereof, heretofore repealed . Se<;tiop 9. If any section. paragraph, clause or provision of this Resolution shall be adjudged to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining sections, paragraphs, clauses or provisions of this Resolution. $ection 10. All bylaws. orders, resolutions, ordinances, or parts thereof, inconsistent herewith are hereby repealed to the extent only of such inconsistency, and if so repealed, no other bylaw , order, resolution, ordinance, or part thereof, shall be revived . This repealer shall not be construed as reviving any bylaw , order, resolution or ordinance, or part thereof. ADOPTED AND APPROVED this 17th day of January, 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 the above is a true copy of Resolution No. ~ Series of 2000 . Loucrishia A. Ellis, City Clerk 02-S7749.0I 3 • .. ., .,. '\ ' ' ... I • 0 32X