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Home My WebLink About1999-06-07 (Regular) Meeting Agenda-/ ' • I .. ,. ,,...-- • • ••• .. .. ... June 7, 1999 ENGLEWOOD CITY COUNCIL Regular Meeting ,. . " ·• ..: .. ' • ' .. I • I • 0 - • • .. • .. ./ • •• REGULAR CITY COUNCIL MEETING JUNE 7, 1999 .. Ordinance# 3/, r, 32, 33, 34, 35, 36, 37, 38, 39 Resolution# 55, 56, 57, 58, 59, 60, 61, 62, 63 • • .. ' .. .. ... • • 0 0 I • 0 32X • ,• .. • '•· • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO I. Call to Order Regular Senion JUNE 7, 1999 The regular meeting of the Englewood Cily Council was called 10 order by Mayor Bums al 7 :41 p.111. 2. lavocatioll The invocation was given by Council Member Nabhol7_ 3. Pledge of Allegiance The Pledge of Allegiance was led by Mayor Burns . 4 . Roll Call .. Prcscnl: Council Members Nabhol z. Grazulis. Garrell. Bradshaw . Habcnich1. Waggoner. Bums Absenl A quorum was present Also prcsenl : 5. Minutes None Cily Manager Sears City Anomey Brotzman Deputy City Clerk Castle Planner Langon. Neighborhood and Business Devclopmcm Director Gryglcwicz . Financial Services (a) Council Member Bradshaw advised thal there should be a correction to the minu1es of Mav 17 . 1999. She said, on page 13 . the name should be spelled '"Guesc" rather than Guise . , COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE, AS AMENDED, THE MINUTES OF THE REGULAR MEETING OF MAY 17, 1999 • Ayes : Council Members Nabholz. Bradshaw . Habenicht. Nays : Abstain : The motion carried . Waggoner, Grazulis. Bums None Council Member Garren (Clerk 's note : Council Member Garrell was absenl from the mceling of May 17. 1999.1 6 . Scheduled Visiton (a) Richard Edsall, 3295 South Franklin Street. addressed Council regarding Code Enforcemcnl issues . He said he appreciated the time this evening. and we will see if Council says the same thing when he gets through. Boy, do we have a greal country or what , he asked . We have a president that lies, cheats on his wife . lies to grand juries, holds himself up as an example, and then we wonder why kids shoot each other . Then we come ., . . ) I • 0 • • Englewood City Council June 7. 1999 . Page 2 ' . .. .. ~ .,,.. . • • -' down to the state level. and have we got a great stale or what. he asked. A governor we elected lhrce limes . and we find out he is as big a liar as the president and he has his linlc girlfriend off in the comer. too. and then he goes 0111 and preaches to high school kids about honorable. and being honest. And then I thmk. gee. I've got my linlc com er up in eastern Englewood. he said. and man's home is his castle. He should be able to go in there and close the doors. and that 's mine, I'm safe there from all the idiocy in lhe world. Wrong. he said. We used 10 be able 10 do that here in Englewood. Mr. Edsall said he has lived in this city twcnly-cight years. and allowed lha l some of Council has lived here lots longer. I did a 101 of looking when I moved to Colorado. and asked a 101 of qucsloon . he said. where is the best place to live . I was told several limes Englewood. Englewood is a ni ce lilllc 10\m II 1s land locked. will never get any bigger. it is a blue collar lown. probably always will be. a good l inlc town On h o ne problem. the police force . but you can get along wilh that. and I did. I moved here and bough! a home. 1hc same place that I live now. he said. And things went prclly good. my kids well! through high schoo l. the~ a ll gradmtcd from here, and I thought things were going prclly good until aboul a ~car ago. And then I find out somc1h111 g nc\\. the ECE unit . tJ,c Englewood Code Enforcement Now I do n ·1 kno\\ how man~ of~ ou ha, c had tJ,em ring~ our doorbell, he said. but I have. II staned aboul a ~car ago. A uniformed officer. and I shook m~ head a couple of times and I wasn ·1 sure whclhcr it was the KGB or lhe Gestapo 1alk111 g 10 me. Mr Edsall sa id lu s home was no longer acceptable 10 tJ,c co mmuni1y. TI,cy \\ere gelli ng 100 many complarnl s o n me . he said Wl.11's wrong'' Whar 's going on? n,cy don '1 like 1hc cars I keep sell mg in front of m~ home. the~ do n ·1 lik e 1he 1rash I keep in them. Trash. put quoles around rhat. I had 1wo spare ures in the back of m~ pi ckup. bul 11.11 i trash. bu1 1 ge l a rickct on my vehicle for ii . Another vehicle. 1 lL'ld a Jack and a case of OJI m lhe fronl seal. and I happened 10 ha\'C some carper tJ1at we are cutting up 10 pul in 1hc fl oorboard in the back sea l I go1 a 11 ckc1 for 1rashing m~ \'Chicle . he said . TilCll. thcy really gol down lo busi ness. the) d1dn '1 like an~1hmg about m~ ~ard. lhe~ didn '1 likc the \\a~ I had trash laying in it. they did nor like my wood piles. lhcy did 1101 like m~ bee h i\'CS. 1hey did 1101 hkc an~1hing. he said . And they did not particularly care whc1her I liked II or 1101 I had lo sn icke r wi1h you r mee1ing back here "hen I heard the officer say we'll get more adamant romorrow TI,cy need a Dale Camcgic course Bur I played lhe li11lc game last year. I went to the hearing. I did nol tJ,ink I was gomg 10 gel a fair hearing when I \\Clll imo 1hc office riglll back here and talked lo tJ1c young lad). a nd she assured me rl~n I would . She was lhc one 11.11 was go mg 10 have tJ1c hearing, and when I got through I have 10 admit that I had a daughlcr of Solomon. because s he li slc ned 10 what I had lo say . And do you know she threw our aboul ninc1 y-fiv e percent ofwhal lhcy had pul down . She finally asked these people what lhcy call !rash. You mighl oughl lo read you r code and lcam. If lhi s was jusl me. ii \\Ould be alriglll . he said. we sellled ii and lhcy never bo1hcrcd me again last year. Bur I mow la\lns for elderly people. and I wcnl up 10 one of my cusromcrs and she was practically in rears. Mr. Edsall said he rcall~ gol mad 1hcn . "hen he found out why . She has a chain link fence across lhe back of her lot and a slope mns from fi,c clL1i n hnk fence down 10 the alley . She was very proud of a crop of rhubarb and 1hc Code Enforccmcm . our Gcslapo unit. orde red her to gel that out of there. it was interfering with rraffic . II probabl y hadn 't been rhcrc more ll1an I\\Cnl~ -fi, c years. and I helped take care of ii and keep ii clean. a nd ii was neat he asse ncd. Bui 1ha1 cldcrl~ woman gol 0111 1hcrc and cleaned ii out herself, and that is aboul as asinine a lhing as an)1hing 11~,1 says 1hcy arc ser\'icc 10 the comm1m11~ could do. Needless 10 say. I ;un s1ill peeved aboul ii. E\'Cf)1 hing wcnl fine . I 1hough1. 1111111 abou1 1hree o r four weeks ago, .u,d I gel 1ha1 knock on rhc door. and he re we go again . n,c same issues. 1hc sa me kmds of issues Last year they told me I 've gol lo have an)1hing ou1sidc cove red up. including my wood pile. and I ,·c~ dulifully bo ugh! a bunch of srupid. cheap. 1arps. ;uid I covered cvcf)1hing up. he s.1id . Mr. Edsall said hi s ya rd looked like hell . bul that is wh:11 we've gol for Code Enforcement a nd rhcn ii s1aned again. I 1hough1 a l first 111:11 I would go rhrough 1hc hearing. I'll play the stupid game. and lhcn I said no . we arc going lo go ano1hcr "ay. I called Safcl ) Services. I gol sent 10 a person. ;utd I gol pacified. and then I ended up wilh lhc head of Safely Services. and I go1 pacified some more, they though!. Bur I am nor very happy. he said. I am damned unha ppy. I would clL1llcngc any of you. he s.'li d. to drive by my yard. al 3295 South Franklin S1reet. rhal is al rhc comer of Franklin ;utd Floyd . you arc welcome 10 do it . I have not gol the prellicst yard in the world. he allowed. and don ·1 claim 10 . bul mine is as nice looking as an~·body 's, and as well kept as anybody 's. But ii is my property. he slated. and I use ii. I use ii the way I want. bu1 they have that proverbial excuse that they have complaints. My neighbors arc complaining. You know. he said. I had tltal happen about a year ago. before this olhcr started. 1 l~td lhis 1nan who would drive by in the evening. aitd I would be 0111 in my )'ard working. and he would honk arid holler. Finally one evening I gor him to stop and asked him what was going on, wliat is your problem? He said you arc decreasing the value of my home, and I asked him where he lived. He took off. but fortunatel y, I was able 10 gel his tag nwnber, and was able lo find out that he lived about six or cigl11 blocks on east of me. Mr. Eds.111 s.1id he would hardly call him a neighbor. He had purchased that .-------------......,-~~---------- ~ .. ) I • 0 • • Englewood City Council June 7. 1999 Page 3 :,, • ----. • • - .. .. ... home and reconditioned ii. he had purchased it from an elderly person who had to move because her laxes got so high she could not afford to live there anymore and she left . He bought the house . reconditioned it and wanted to sell it , and I think that"s great . he said. that is free enterprise and I am all for it . But don ·1 go hollering at me that I decreased the value of it, because when I increase the value of my propeny. the taxes go up . As I approach retirement age. it means I can afford less and less of these stupid taxes. I have looked and I 1~1,·c watched the city government very closely. he said. not this pan . I am talking about the scr\·iccs you provide . Most cities would love to be able to send two policemen on any call . TI1ey generally put them in one car. No" Englewood seems to have enough resources. that not only can we send two policemen. we can send them in separate cars. and sometimes three and four . In one area of town this afternoon. there were at lcaSI three there. he said . with one person to a car. TI1a1 is fine , I think. we have one of the finest police forces in this area. I don ·1 mean to shoncl~1ngc those officers . he said. lbey are doing an excellent job. Mr. Edsall said he was especially pleased to learn that our SWAT team went to Columbine. But they are getting caught up in something. he said. that is not of their making. and I am talking about the field officers. not the hierarchy . I got posted a public nuisance ag.1in. "1th a ring on m~ doorbell . I go to the door . and not only do I have a code enforcement officer. I have a police officer standing there. with his l~1nd on lu s gun. and they stan writing it up and going to post it . And that is fine. if that is the game "c arc going to pla~. he said. TI1en I got to talking to the police officer and I think he found out I wasn ·1 quite the high nsk cnm1n;1I he \\a sent out there for . Now before that. I had had a police officer out there TI1c head of lhc code cnforccmcn1 111111 . along with the code enforcement officer. and that was a horrible waste of resources . Nm, \\hal arc we going 10 do about it , he asked . I don 't Imo". I went to the advisory committee meeting last ~c.u. cvc~body sa~s go to th e advisory committee meeting. I "cnt last year. Now I don ·1 kno" a lot about adviso~ com minces. \\Oil ·1 c l.111111 0 I happen to have a degree in agricultural education . and I don ·1 suppose I l~1d more than three or four courses III m, undergraduate work about how to organize and use adviso~· committees. When I went to \\Ork on my Ph D at Oh io State, I probably did not get more than three more courses. he said . When I came to Colorado. one of m~ assigned functions with the State Board for Vocational Education was to be the functioning Slaff for the State Adviso~ Council for Vocational Education. and I watched them function . I know what a good one is. I know what a bad one is. he said . 'That night. I left shaking my head. he said. I got told later that it is advisory. but we use it for poli~ making and governing. One of your hierarchy here told me that he said . TI1erc is only one governing board for any committee in this city. he said. and it is right here. it can not be an)1hing else . At that meeting that night. the y had to wait to get a quorum. to get fifteen people there. Half of those people were staff. he stated . City staff. Now. no good advisory committee has any staff on it. it is made up of members of the community and representatives of the community by segment perhaps homeowners. renters. business people. and like that . TI1ey can not get them to come. and it is no wonder. he said . Tiiat evening. I sat there for about two hours and I will guarantee you eighty percent of the talking was done by tliat staff. TI1cre was no advice passed on. it was a stacked commiuee. and we have the fox watching the hen house . You have a problem . people. he said . We elected you as Council members and I do not know many of you . I know a couple of you came on for very spcci fie reasons. he said. a couple of you came on \\1th irons to bum. as crusaders. and I think that is great . he said. Mr . Edsall asked Council to remember that there is much more crusading to be done than just their single issue . If you keep on with what you arc doing with code enforcement. he said. you are going to ruin one hell of a good police dcpanmcnt . I do not know whose idea it was to put those code people in unifonn. but 11~11 is beside the point. I know a few years back. he recalled. we had three people in lliat w1it. and ll1cy were good people. they understood hwnan relations. TI1c y stopped at my house more 111llll one time, and said. Richard. you need to cut the brush from around the Slop sign out here . And they did it in such a way that I did not feel put on. he said. and he sure did not feel threatened or put do"~'-I will guarantee you. he asscned. in the laSI two years. tliat has not been Ilic case. You have backed me into a comer, he said. The inunediate conclusion I draw is that tl1is city has too much money if we can put 11~11 many vehicles on the street. ifwe can have this much hierarchy . we ought to liavc the best paid underlings in the state. and we don 't. So we have a misadjustmcnt of salaries. Aller 111.11 advisory commillcc. I passed the word. he said. to tell Mr. City Manager that I do not want to live in Greenwood Village . I want to live in Englewood. that is why I moved here . Mayor Bums asked Mr. Edsall to wrap up. since tllCl"c was a ten-minute limit . Mr. Edsall said he had gone on too long. but asked if they could sec that he has a bone to pick. There was a guy in Connecticut last month who had a real interesting solution . You may have heard about this doctor who bought a home next to the school. he said. When they staned working on tl1c school parking lot, he let his son and some other .---~--------- ., .. ) I • 0 - • • Englewood City Council June 7. 1999 . Page 4 ,. 0 • • • .. ... kids park. in ii . and the neighbors all hollered . He gave ii lo a homeless person and she immedia1cly moved 111 "i lh about fifteen or twenty of her friends . I think he will have the last laugh . he said. My wife sa~ s let ·s gel oul of Englewood, after twenty-eight years. she says let 's gel the hell out oflhis town . TI1.1t is S."ld. he said. I talked 10 a ninety year old friend who has lived in Ibis city fift y-four years. and I asked him if he would come with me He s.1 1d I wish I could. Will you sign a petition? No way. tl1cy will come and do to me wli."11 they arc doing to ~ou . a nd 111.11 is sad. he said . Mr. Edsall said he grew up in Oklahmm with the Indians. I always 1~· to come up with creall\c solutions to problems. and if you arc going to lake my home away from me. I am going to give it awa~. he S."IJd . bul I am going to give it to an Indian tribe . Now. I don 'I know whctl1cr yo u people ha\'c ever deal! w11h trust temlones or .IIOI. but talk to people down at Conez. talk lo the people at lgmcio and Durango. If ii is a trusl tcnito~. ~our la..s do no1 apply. the tribal laws apply. and I think I could l1.1vc the last laugh if I help them decide "hal to do "1th 11~11 comer at 3295. Wouldn 't it be fun to have a casino there? Now thai is "hat ~ou arc backing me into . people. ~ou arc making me a Doug Bruce fan. and if tll.lt is what you wanL tliat is "hat you arc going 10 gel. he said. He said he would be glad to talk to any of lhem at any time. He said 10 call him al 303-78 1-58 34 . bul do 1101 wail long 7. Non-1ehcduled Visiton (a) Mayor Bums s.1id tl1cre are a couple of non-schedu led visitors. and City Manager Scars 1s gomg 10 help with the lead-in on this. We 11.1,•e Mark Shotkoski from Caner and Burgess. and Don Leidy of Mai111enancc Design Group, he said. on tl1e Southeast Conidor, and arc inrnlvcd with 1he po1c111ial dcvclo pmclll of lhe General Iron Works site as a n1.1intcmnce facility for RTD . Cily Mamgcr Scars advised tl,.11 a lcller was p."lsscd 0111 to Cily Council this evening lhat wa s recci , cd b~ staff o n Friday at 11 :30 a .111 . regarding a design group for lhc General Iron Works development. Mark Graham. Mike Flal1eny and Mr. Scars attended the mccling this moming. There was a representative from Denver there. also. he said. and there were rcprcscntaU\'eS from RTD. and also Caner and Burgess. Mr. Scars said he made 11 clear tl1i s morning tll.lt tl1c City Council li."ls 1101 made a decision regarding the future of the General Iron si 1c. even 1hough there was a meeting held earlier 1his year "ith representatives from RTD. We were all shocked about lhe cxtcnl of Ibis workshop happening during this week . and cxaclly who the rcprcse111a1ives were thal needed 10 be tl1crc . I l~"lve gone ahead and committed our staff to be al Ilic sessions. he ad,iscd. adding 1ha1 he will be a11c11ding several of 1hc sessions. He said he knows 111.11 tltis is in preparation for the proposed June 23 •1 public mcc1ing regarding the facility . Mr. Scars said he asked Mr. Shotkoski and Mr. Leidy 10 come 10 the City Council meeting tonight. He said he felt that , rather ti= just rcponing on what li.1JJPC11ed today. tlic full discussion "ith the City Council would be beneficial as to what Ilic pL,ns arc. wl1.11 the desires of RTD regarding tltis mainlcmncc facili1y arc and "ha t the schedule is, so tl1ere can be some input as 10 where the future of the General Iron site needs 10 go . He s.1i d he appreciates both gentlemen coming this C\'cning al a momcnl · s noli cc Mr. Shotkoski tli.1nked City Manager Scars. Mayor Bums and Cmmcil . He sai d he "as wilh Caner and Burgess. and was representing the Southeast Conidor projccl tonight As you know from previous mcclings. he said. pan of the Southeast Corridor is to locate a maintcmncc and s1oragc facilil y for the li ght rail vehicles . Council Member Bradsl1.1w said tltis is southwest. Mayor Bums said tl1c facilil~' is 1101 just for the soutl1wes1. ii is also for southeast. Ms. Bradshaw s.1id then ii is for everybody. Mayor Burns said Caner and Burgess did the major investment study for the Soutl1cast Corridor. Mr. Shotkoski s.'lid this is an all-encompassing facility . Ms. Bradsl,.1w said. if there would be a southeast line. the maintenance would lake place at this facili1y . Mr. Shotkoski s.1i d 1ha1 is correct . Mayor Bums commented 111.11 RTD lt."IS always spoken about it 1ha1 \\ay. Mr. Leidy apologized for any incon,·cnienccs or concerns. This is a good example of good inlenlions gone bad . he said. Last week when we were l1.1ving discussions about doing ,min-house work session 10 do a rough test Iii of the conceptual facility on the preferred site. and Mr. Shotkoski will gel into 1ha1 a lilllc bit do"11 the road. somebody asked if ii would be nice 10 have somebody there from the City of Englewood. We said that our forn1.11 allows 111.11. Our fonnat is such tli.11 we have review meetings every moming from I0:00 to 12 :00 111.11 could be open 10. not onl y the users. who the original design session was intended for. because we arc trying 10 nail do"11 the shape of the building, not necessarily the whole layout of tl1c si1c . but ii also allows people from the City of Englewood 10 .~~------------------~. ) I • 0 - • • Englewood Ciry Council June 7, 1999 . Page 5 " ,.. . • • - .. .. ... panicipate if they would like lo. UnfonW1ately. the way th,11 came across. was tJiat it was a detailed design session and that it was required lliat somebody be there. he s.1id. and for that. we a pologi7..c . It was not meant at all to come across that way, it was meant to come across as more of. since ttus is an issue tJiat relates to the selected or to the preferred site for the maintenance and opcratiMs fac1li~. that the fonnai allows thai to occur. For any inconvenience along those lines. we sincerely apolog11..c . he s.-ud . Mayor Bums said one of the incon.-enienccs. obv1ousl~. was vinually no notice for staff to attend. Mayor Bums asked that the two gentlemen remember to treat the Clly w11h a cenain amount of respect and the Ci~· Council. too. and cer1ainly the Ciry Manager and his staff. Tiiat. he said. is Lhc concern he has with tJ1c type of notice we got. Mr. Leidy explained thal the reason for the late notice was. although II has been plarmed for three or four weeks. somebody said would it be nice to have somebody there from the City of Englewood. and we said the fonnat would allow it. and that was just last Thursday that tJiat w-as raised. and so \\C apologi1..c . Council Member Nabholz said she is tired of the blame game. She said she has spoken with Katherine Cox of Caner and Burgess who said tliat the reason tJ1c meetmg was set up on a Monda~ \\3S because it was her imcm ·s fault. lllis next meeting Lliat was set up June 23 '• wound up being a Cit} staff s fault . two indi.-iduals were named . She said she found thal really hard to swallow. and now we find out we arc on a schedule here. lllis letter is dated June 2nd . it was faxed June 4"' at 11 :38 a .m . last Friday afternoon. and our City Manager scrambled to notify us about this. I have a tendency to agree with the Ma}or. she said. tl1a11hcre has been a real lack of pannership. there has been a lack of respect . and tJie time has come for better communication. Mayor Bums advised that the June 23 m date is right in the middle of the Colorado Municipal League armual convention in Vail. to which several of us are plarming to attend. and would not be liere at that time . No one checked thal out. either. Council Member Bradshaw asked. when we met with you before. at the preliminary . lct's-take-a-look-at-llus meeting. and then. all of a sudden. this comes out tJ1at it is already in pretty close to concrete. We s.1id please meet with our residents to find out what they want. You s.1id okay. we arc going lo do tliat. but then it looks to me like you are doing the conceptual design workshop before you even meet with our residents to sec if they even care or if this is what they want in their neighborhood. Maybe I a m wrong. she allowed. but that seems like it is backward. Mr. Leidy said. again. the conceptual design. in tl1e tcnns tliat we arc using them. is just to do a test fit of a box of a building on a preferred site. and there is a lot of work that we have to do before we meet with the neighborhood because conceptual is prc-<lcsign. it is pre-scheniatic. Council Member Bradsliaw said that is not Ilic mcss.1gc that gets out , to us. to our staff. to our citi1..cns . When we get in our own little cubbies. and we talk our own little j argon. that is where commwlication breaks down. Ms. Bradshaw recalled that Council said please meet with our citi1..cns to hear wliat they wam before anything liappcns . Council Member Habenicht commented Lli:it this looks like it is already a major investment. and that she would have to agree witJ1 Council Member Bradsliaw. TI1is docs not seem to follow through with the conversation we had at our Study Session. sl1e said. Mayor Bums said you may be interested to know there arc still some members of Council who would be interested in some kind of multiple use at tllis development. 11~11 might include some housing. He said he understands Lhcy may not know much about L11e llistory of tllis site . TI1ere w-as an attempt . he explained, less than two years ago. to design something for this site of tliat nature and our consultants got a linlc bit overl y ambitious and extended the site plan off this site into the ncighborl1ood . Tilis resulted in a great uproar from people in tl1e neighborhood. which impacted at the Planning and Zoning Conunission . Tiiat proposal never even got to the Ciry Council. he said, but was shelved because of tlie reaction to the proposal. Tiiat docs not mean we gave up on it. and people at RTD have stated that. if you want to develop tllis as a development for the City of Englewood. we will back off. Of course. RTD has been interested in tl1is for a maintcn:mce facility for sonic time. he said, but tJ1ey have always been willing ' ... ) .. • I I • 0 - • • • Englewood City Council June 7. 1999 . Page 6 I• .. .. ~ .,.. .. • .. • -' to defer io the City if we want to do something else with it. Mayor Bums said the last meeting Mr. Leidy and Shotkoski were al he was surprised how galvanized this thing was. You were talking about having a resolution in front of City Council in July to approve, and I thought we were just going to talk. Obviously. he said. there are various groups who are working together. and consultants and so fonh. so we have a plan how to get this tliing through the Council. and do it as quickly as possible . TI1:1t has taken me a back considerably. he st ated. as there arc other uses we are looking at on this site. We have had a very good working relationship with Rm. and we don ·1 want to have surprises when you come forward with these things. he said. Obviously. thi s meeting a nd last. where you had all the consultants tlicre. in other words Ilic team was fonned to get tliis done. Ma~ or Bums a greed tll:lt the citizens need to be spoken to and their views obtained. He reminded them tll:lt City Counc il ll:l s not a pproved tl1i s yet. and that they need to understand thaL City Manager Sears asked Mr. Shotkoski and Mr. Leidy to go through their scenario and schedule. He said th ey ha d spoken today about the four altemaai,•cs tliat they narrowed it down to. and tllis is now the des igna ted preferred alternative. He said he guessed that was by Rm. but felt it would be helpful for 111cm to ta lk a bout wha t the ste ps are that they arc still going tlirough and wha t the times arc for how the~ pian for tl l:l t to l~1ppcn . Mr. Leidy said tll:lt. obviously. public parucipation for the si te is paramowit for this a nd for cvc"1hing e lse tl~1t we are doing for tl1e Southeast Corridor. We intended to l~wc a public meeting in th e middle of May. and. "ith o ur fo ul up, that was on a Council night. Our intentions were there . a nd we do wa nt to present tliis to the nei ghborhood . that is absolutely critical to our process and to Ilic environment;~ impact stateme nt s . We need a ll of the ir comn,c nt . \\e need to consider all of their comments . as well as a ll of the Coun c il members· comments . Wh at Mr Le id) and Ju group are doing. as far as tllis box des ign and Ilic agenda tll:lt you sec in front of you. that has been schedul ed fo r three or four weeks. but tll:11 fits into an overall process that is not solidifying the location . Wl ~1t he is do mg 1s designing a facility and tll:lt facilit y could move to anotl1cr location. he said. It just so ll:lppcn s th at o ur preferred site. based on our evaluation criteria. is the former Gene ral Iron site . Council Member Bradshaw asked what causes a site to be a preferred site. Mr. Shotkosk i re s ponded that pa n of o ur criteria for evaluation was the si1.c of it , the location to the light rail main line. the current la nd use a t tl l:l t s ue. th e neighborhood impacts. tl1e environmental issues at that s ite . Council Member Bradsll:lw asked the location of the other three sites. Mr. Shotkoski said there "as one s ue tha t was directly to the nonh of this site in Denver. Another wa s at the Gmcs Rubber C ompan) si te a nd th e last one was just due south of Ilic existing Mariposa light rail facilit y. Council Member Bradst~,w inquired about the zo ning of the other three s it es M r. ho1kosk1 responded tha t th e zoning for Gates is industrial. and the other two have at least four diffe rent Loning Mr Brad ha " said 11~11 \\Ould make it pretty complex. Ours is just zoned indust rial. she s.1i d. so tk1t \\Ould ma ke 11 le co mplex Ms Brad sha " said sl1e is so angry right now over tl1i s whole iss ue . She said she feel s like tlu s 1s bemg Jammed down o ur throats . We arc elected b y the people of Englewood. sl1c said . to do what the) wa nt us to do . we sc "c the c 1t11.c ns of Englewood, and I feel like you guys arc just jamming this down my throat. Council Member Nabholz agreed. She said slie called several Counc il members yesterday beca use s he wa s upset over the call from Katherine Cox . Ms. Nabhol1. ad\'iscd tl1at she represents tll:lt pan of town . There ll:ls been a lot of work on the City stafrs parL and tllis Cow1cil's pan . to put tl1:1t ne ighborhood back. ca irn them dow11 . to reassure them that what we arc going to do tl1cre will be to the best interest of all the citi zens and the least impact to tll:lt neighborhood. In this paragrapll it sa~ s tl~tt it is imponant 11~11 the key stall as we ll as rc prcscntati\'es from C OOT and tl1e City of Englewood pa nicipatc in tlli s process to assure project goals a rc e stablished a nd met. n ~u docs not say to me tll:11 we are just conceptual . sl1e s.1id . She s.1id she is alanned and appalled. City Manager Scars asked Mr. Shotkoski and Mr. Leidy to talk about \\ hat they plan to do for the rest of thi s week . He recalled that tlicy had said tllis morrling tl1erc is some ty pe of wrap up session. and asscned that we will ll:l vc a staff member tliere tomorrow follow~ng up. and he is also plarming to be there . He said he feels it would be • . .. ' . I • 0 - • • • Englewood City Council June 7, 1999 Page 7 ~ -· • • - .. ' wonhwhilc if a Council member can attend . Mr. Scars said he knows they are very busy. He asked what the schedule is this week. and whal do they intend to do with the infonnation that comes out of the meetings. Mr. Leidy said the process for this week is for the sub-consultants on the Soutl1cas1 Conidor team that arc associated with doing the programming and planning for the maintenance facility to make sure that a building footprint can be CSlllblished . lbat is efTon not wasted. because we could pick it up and move it to another site. because the intcmal functioning of that facility is what is imponant to lhc user. the efficiency and the safety and all that. Tonight. right before I left. he said. we were coming up wirh altcmative ways to situate Ilic building on the existing site . just like we could come up with alternative ways to situate it on another site if tliat were required . Also. we will be looking at some of the edge treatment. as the architects in our group call it. Looking at Elati and Bates as to the impact that that could have, and stan to address how tliat could be addressed. on this site or any site. because there is always sensitivity to this son of operation for projects tliat we do prcny much all over the country. so "e know tliat is a concern and an issue . Tomorrow. from 10 :00 a .m. to 12 :00 p .m .. and we have all of our review sessions set up this week from 10 :00 to 12 :00. we will present a conceptual block plan of the site and the building and different way s tlie building could be situated on the preferred site . We "ill look at some of the edge trcatrncnl. different ways that we have addressed treaunent with maybe even retaining some of the look of the historic structure to help screen the site, which arc the outside or the edge trcaUncnt issues. Mr. Leidy said we also want to present some block plans to the users. once you get into the site. how do people now from their parking space to Ilic building. out to the ~ard . and things like that . So tomorrow. he said. those arc the issues we arc going to address from 10 :00 to 12 :00 Council Member Habenicht asked if this is the kind of thing where. oh. ifit was going to go here. wouldn ·1 )OU lik e it to look like this. rather tlian tllis. and you get some agreement or consensus from Englewood . yes if it has to go there. then this is the way we like it. TilCll it is going to be rcponcd tl1:1t Englewood likes tlus. I am rcall~ concerned about tliat. nus sounds like ramrodding. slie said. Mr. Leidy said it is not meant to be that way at all . He said he apologizes again for coming across that wa~. and Mr Sears had tliat same concem tllis morning. He voiced that in the meeting. that any comments from the Cit) of Englewood may be misconstrued as approval. and it is really not . In fact. the representative from the Cat~ of Denver even had some questions and concems tliat were voiced to. no matter wl1:11 city it would be in . tlicse arc issues tl~u a group might want to consider when they arc planning this. So. tl~11 conccm was voiced by Mr. S.:ars . he said. and this was by no means meant to indicate thc City of Englewood endorses this project. Ms. Habenicht said what he said just distwbcd her. too. You arc suggesting tliat any city would have a problem with this. and so now you arc looking at a very small land locked city . This troubles me . she said. Mr. Leidy said he hopes tliey did not come across tliat way . TI1c issues the representative from Denver made were tliat any city that would do this would want to make sure that this issue was addressed . It was not tliat there was a concern about this facility in any panicular location. It was good input that we got from your staff. he said. as well as from the staff of the City of Denver. So that is tomorrow from 10 :0010 12 :00. TI1c reason \\C like to ha\'c a lixcd time for people to be there is because tliat is where a lot of interaction occurs. and 111:11 is "here we can hear Ilic concerns from all tl1e different groups. not the users. but any other input tl~11 we might have . But we liavc also volunteered tliat. if someone can not make it and they arc interested in following up. \\C arc there from prui>abl y 7 :00 a.m. to 7 :00 p.m. and would welcome anyone to stop in at any time to review where we arc. We feel. he said. that since ninety percent of the yard is not building. it is track. tliat we can address some of those site issues tomorrow, and then tum Wednesday to start focusing on taking the blocks from tlic conceptual building noor plan and refining those a little bit more . So when we say 11~11 this is an area where we could put the suppon spaces for tllC facility. that people know tl~11 suppon space consists of restrooms. locker rooms. showers. conference rooms . meeting rooms. office storage areas. delivery areas. and tilings like tliat. Mr. Leidy said we will be refining what we hear on the site issues. but we arc also going to be going into a little bit more detail on the building issues Wednesday. al the meeting from 10:00 to 12 :00. TI1cn TI1ursday, at the meeting from 10 :00 to 12 :00. tlie concept is to go through this process of incorporating comments we hear at each meeting into a more lirlite conceptual plan. Again, on this one. tlie original intent was to liave a work session to make sure we got tlie block riglll. because that would apply to any site, he said . We would get linal comments on all of the prc\'iously discussed issues at a • ., .. ) I • 0 • • Englewood City Council June7.1999 Page 8 .. -· • • - meeting Thursday. he said. so that is the week . Mr. Leidy said he thinks we reserved Friday. and he was not sure it was on the memo. in case we did not get finished or we had more comments than we thought. or there were different alternatives that they wanted us to look at. So we have the !'!cxibilit~· of a meeting Friday . Council Member Bradshaw said it says here . the workshop "ill develop the project on the Gcncml Iron Works propeny in the City of Englewood. She asked if they would conceivably be having them develop 1l1c site III Denver. and whether they were going to hold different \\Orkshops 10 consider those other three sites. Mr. Leidy responded that. pan of the effon that Caner and Burgess went through to identii:, the sites was 10 do a rough layout of the track on the site. 111c yard is the largest piece. and the building is the smallest piece. he advised . bul the building has to tic into the yard somehow. TI1cy would. al 11~11 time. be able 10 take the conceptual design that we developed this week of the building and put it on the previously developed track la~ outs of the other two or three sites. Right now. there is just a box on there 11131 has no shape or fonn. so )CS. ii could be adapted 10 some of the other ones . Council Member Habenicht said. so ii is being designed for lhis site . and then ii \\Ill be seen ho" ii would adapt to other sites for which it has not been designed. If it were designed for another site. 11 might 1101 fit as niccl~ at this site. It still feels like it is being pushed. she said. Mr. Leidy said ll1e reason why ii is being designed for this site is because. \\hcn 11 \\as ranked and ralcd on all operation and environmental factors. it ranked as the lop site . In Las Vegas. he said. "c did one on tl1e preferred site. aJthough it was a bus facility. rather 11~111 a rail facility . and something fell through on the final negotiations of the purchase and we ended up going to Ilic number two site. It is always possible that Ilic preferred site ends up not always being the one 11131 gets selected. but that is a typical process. You always want to plan for the one that is your preferred site. he said. Mayor Bums asked if anyone 113d spoken to the present owners of the site Mr. Shotkoski responded affirmatively. Mayor Bums asked if ll1ey 113d indicated wl13t their desires for the site \\ould be. adding that they just moved there a shon time ago. Mr. Shotkoski said. basically. the only discussions th~ have had were 10 ask them. if we send them a right of entry lo begin environmental phase one and phase two \\Ork on the site. if lh~ would sign off on that and allow us onto the propeny. We have also done this with several of the other sites. as well as numerous locations along the Southeast Corridor. he said. 11~11 is just pan of the o, crall environmental impact s1atcme1111hat we have to go through . Mayor Bums asked if they would be doing cnvironmc111al impact a1~11~ sis on several sites. or just this one. Mr Shotkoski said we have done a pk1se one for some of the other sites 1l1ose have come back as a fatal naw in those potential site locations. he advised. Mayor Bums asked if all of them came back with fatal naws. Mr. Shotkoski said no. in several of them. Cow1cil Member Habenicht asked if he meant several of the four. Mr. Shotkoski said one of the four had a fatal naw. Council Member Grazulis asked wl~11 indica1cs a fatal naw. Mr. Shotkoski smd a Super Fund site. When we addressed that to RTD. he cominued. lltc) 1old us that that was not pan of 1l1c1r inlent for operating a facility, even ll1ough 11131 is grounds for a good Brownfields project. TI1cy told us ll1cy preferred not to develop on a Super Fund site. Council Member Bradshaw asked if 11~11 was the Gates site. 10 which Mr. Shotkoski responded that 11~11 was the site just south of Mariposa. the existing facility at 6~' and Kalamath . Mavor Bums asked about the site immediately nonh of this one 11~11 was mentioned before. Mr. Shotkoski said ll1cic were no environmental issues that were as prevalent as the Super Fund site. Council Member Habenicht said he keeps referring lo this as the Southeast Corridor project. yet none of these arc in the Southeast Corridor. She asked how long the corridors were . Mr. Shotkoski responded 11~11 Ilic Southwest Corridor is 8 . 7 miles . .111d the Soull1east Corridor has a founccn mile leg down 1-25 and a five mile leg do"11 1-225 . Ms. Habenicht asked if they would be bringing all of the vehicles that service those onto this one. Mr. Sho1koski said that is correct . Ms. Bradshaw said plus wl~11 is already running. Mr. Shotkoski said that is correct . Ms. · . I • 0 • • Englewood City Council June 7. 1999 Page 9 • . . • - Bradshaw said she docs not want to sound like not in my back yard. a NIMBY. but if you arc talking sixteen miles versus our eight and a half. it would make more sense to have a service facility where the six1ccn miles is . Mr. Shotkoski said they have run a study with the sites and ran an operational cost estimate as far as when you get the train miles and the deadhead miles is what they arc called. Basicall y. when you are out of rc\'enuc servi ce . a nd you arc just bringing the ncet back to the storage facilit y. and surprisingly enough. all of the sites that we looked a l were in a magnitude of less than two percent of each other. We looked al half a do7.cn sites for that. Council Member Garrett asked iftlicy looked at any on the southeast line. Mr. Shotkoski s.1id yes. we did. Counc il Member Bradshaw said tl1cy did not make the final four. Mr. Shotkoski said that is right. they had some other concerns. One of them was tlie overall si 1.c of the facilit y, he said. We were bounded b~ 1-25 and 1-225 a nd we did not have the appropriate room that we nccdcd to store the one hundred vehicles. Council Member Bradsha w said then it is also a storage yard. not just a maintenance facilit y like you said before. Mr. Shotkoski sai d yes . Ms . Habenicht said a storage yard for a hundred vehicles. Council Member Bradshaw said she is just son of sick and tired of people dumping thi ngs in Englc\\ood. Mayor Bums thanked the two gentlemen for coming. He s.1id they had tried to be as candid as possi ble . adding tha t he feels they understand. Our staff will be attending some more of your meetings. he said. a nd we dcfiml cl ) wa nl public input on this project . and tl1cre arc some of us "ho would like to look at a nothe r use for tin s si te. o r so me combined use if you are going to look at the propeny to the 11ortl1. perha ps. Council Member Bradshaw said maybe half in Denver. half in Englewood. Mayor Burns s.1id he did not know wha t could be accommodated. but perhaps something could be done. He said lie feels the unponant thing is for tlu s Council, and staff and the citizens to be infonncd. not surprised. not have niectings we do 1101 know about until the last minute. or have public meetings set when we can not be there . He advised that tl1cy should rccog1111.c tl ~1t tlu s City Council is a pretty independent-minded group and do not like anyone taking an)1hing for grdnt ed . He said again that he appreciated their coming tonight. and was sure they would sec them again. (b) Teri Dion. Chair of tlie Greater Englewood Chamber of Commerce. in\'ited C ounc il to tl1 e Taste of Englewood. which is coming up this Thursday. She said she brought complimentary ticket s . Also. Ms. Di on assured Council that, despite Ilic loss of its Executive Director. the Greater Englewood Chamber of Commerce is here to stay. Regardless of any rumors to the contrary. we are here to stay. she repeated. adding that the C l~1mber is very imponant to this community. and that it scn·cs a very good . serious purpose. TI1e Taste of Englewood will be held from 5 :00 p .m. to 7 :00 p.m .. tl1is Titursday. June IO . 1999. a t the Cha mber offices at Colonial Bank on South Broadway at Hampden. (c) Lieutenant Byron Wicks. Englewood Dcpanment of Safet y Serv ice s . introduced tl1c nc" Code Enforcement Supervisor, who came on board today. Dave Lynn . He said he was a n experienced C ode E nforceme nt Supervisor. fonncrly with the City of Aurora and with Greenwood Village . Liculc mnt W ick s said he is very comfonable that we will get some great things from him. Lieutenant Wicks said he would also like to address a couple of points that Mr. Edsall brought up . He said he would like to set the record straigl11 witlJOUt getting into too much detail . because it may very well tum into a coun issue. He said he knows that Council passed that nuisance ordinance witl1 the intent of improving the quality of life in Englewood. which was passed last year and became law on Jul y 26. 1998. Since tl1en , we ha\'e been using tlial nuisance ordinance to effectively improve the quality of life in Englewood. Mr. Edsall indicated that he did not have any problems until a year ago, he said. but the fact of the niatter is that he lias a file dating back to April 13. 1989. That panicular propeny has received ten notices ofviola tion. five thiny-<la y postings. and two other written warnings. he said. and he has owned the propcny the entire time. Lieutenant Wicks stated tliat this is an on-going event. and that is why he has the attention that he has. because. as of Thursday, he was still in non-compliance. He said he wanted Council to widcrstand that they are not using Gestapo tactics. quite the contrary . Lieutenant Wicks said he personally visited his propcny. had the opponw1i1y. and in fact the Code Enforcement officer wa nted him .-----------• ) I • 0 • • • Englewood City Council June 7, 1999 Page 10 .. •, • * ,-. • • - cited, and I am a real big believer in voluntary compliance. he said. so I thouglll about gi\'ing him one more break. We had a very lengthy conversation on site. he was definitely in violation of repeated ordi1~1nccs . and we posted 11 again . The posting will be up the 11'' of June. and we will do whatc\'er is going to be appropriate based on what he does. It is his property. it is his responsibility to clean it up . he said I just wanted 10 assure Council 11t11 \\C do 1101 use Gestapo tactics. we arc bending over backwards. but we do ha\'c a S\\om obligation 10 uphold the Cit~ ordinances as they arc written. he said. I. Coamunications, Proclamations and Appointments (a) A letter from Darryl R. Dummer indicating his resignation from the Englewood Planning and Zoning Conunission was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF DARRYL R. DUMMER FROM THE PLANNING AND ZONING COMMISSION. Ayes : Council Members Nabholz, Garrett. Bradslm,. Habcn,ctu . Waggoner. Grazulis. Bums Nays : None The motion carried. 9. Public Hearing (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO OPEN A PUBLIC HEARING TO GATHER INPUT ON A BILL FOR AN ORDINANCE CREATING A PARKS AND RECREATION OPEN SPACE ZONE DISTRICT. Ayes : Council Members Nabholz. Garrett. Bradsl~1w. Habenicht. Waggoner. Grazulis. Bums Nays : None TI1e motion carried and the Public Hearing opened . All persons giving testimony were duly sworn. Planner Tricia Langon. representing the Department of Neighborhood and Business De\'clopmcnl. told Council that the bill before them toniglll amends the Englewood Municipal Code by creating a new zone d1stnc1. whi ch is the PROS, which stands for Parks. Recreation and Open Space. She reminded Council that they heard first reading of this bill on May 17,;,. For the record. Ms. Langon submit1ed Proof of Publication of Notice of Public Hearing. which appeared in the Englewood Herald on May 21. 1999 . Ms. Langon staled Council requested that City staff prepare an ordinance that would identi(v. protect and conserve parks and open space in the City . In thal effort . an inilial draft of the ordinance was reviewed by City departments. by the Planning and Zoning Commission. and Parks and Recreation Co111111ission . TI1e ordinance that you have before you. she ad\'iscd. was endorsed by the Parks and Recreation Commission on April 8. 1999 . and the Planning and Zoning Commission considered the ordinance at a Public Hearing on April 20. 1999 . TI1c purpose of the ordi1~1nce, basically . is 10 officially recognize and identify 1hc Parks. Recreation and Open Space sites as their own dis1ric1. Currently. sl,c ad\'iscd. sites arc intermixed in the various districts throughout the City . As a separate districl. the City can work toward preservation and conservation regulations Uiat would prolect the parks by considering impacts :md relationships among the districts . TI1is ordinance would establisl1 the base for future protection and conservation of those PROS sites, so the bot1om line is the purpose of the ordi1iance is to strengU1en the parks system. sl1e said . Wl~11 this ordinance docs is establish the new district as pan of the zoning ordinance. establisl1es the guidelines for the new district. and identifies the sites on the official zoning maps. When we create the new wning maps. as a requirement of the new ordimnce. you will sec green on the map. she said. lbc effect of the ordinance is that it confers an official status to the Parks. Recreation and Open Space sites. and. more than an)thing. it allows people 10 recognize the sites when they look at the map. Ms . Langon pointed out that the parks administration will rc1min a function of the Parks and Recreation Depanment and this ordinance creates its ow~• district only. it docs not rezone any sites al this time . 11~11 will occur later she • ' ' .. ) I • 0 • • • Englewood City Council June 7, 1999 Page 11 ... .. ~· • • - said, and it does not create any new parks. nor docs it eliminate any Parks. Recreation and Open Space sites. What happens next. with the approval of the ordinance. is to begin the process of rezoning . We arc looking at approximately twenty sites. she ad,~scd . and we arc collecting the information necessary to coordinate the re1.011ing . Rezoning will comply with Chapccr J of the wning ordinance. and the rezoning process will probably take a total of six to nine months from the passage of the ordinance. she said . Mayor Bums asked about future use of 1J1c ordinance. once you gel 1J1is initial designation. if you lk1\'C a1101J1cr area that you want to designate as parks. Ms. L'Utgon said we would then bring it in under the new zoning and designate it as a PROS district. Mayor Bums asked if that would invol\'e the Plarming Commission. Ms. L111gon said yes. any rezoning of propeny would. Council Member Bradshaw said so it is always going to have public input. Ms . Langon responded affimk1ll\·cl~. Ms . Bradshaw said then that was the intent. Council Member Bradshaw asked about Attachment Bon the Open Space Inventory . Where you say golf course greenbelt. 267 acres. She asked if that was Sheridan. Ms. L111go11 said ll~ll is Sheridan. asking if she mc.'llll III the area remaining under existing. Ms. Bradshaw said yes and asked if that would remain industrial in Sheridan. M s Langon said she did nol know. Ms. Bradshaw said it was a landfill . Ms. L1ngon said it was a landfill orig11~,11~. and she would suspect llk11 it is. but said she docs not know their zoning. Council Member Habenicht said she rccch·ed a lcner from ,, co mmissioner" ho was questioning " hc ther or not the ordinance allowed for pubhc hearings. 1l1cy arc under the unpression that it docs not. and that re'1ews 111 the future would only be held by the Parks and Recreation Slaff and l11c development rc\'icw team . and not go lo Planning and Zoning. She asked if that was right and asked Ms. Langon to clarify that. Ms . Langon said. if Parks and Recreation were to develop a site . or made some change to the sue. "hat the procedure has been. and this ordinance proposes to continue that process. is that their application "ould come in and be reviewed by the development review team . 'The team is generally made up of Neighborhood and Busi ness Development. p..,:,lic Works. Traffic Engineering. Building and Safety. Fire and any other depanmcnts as needed are brought in for those reviews . 11,c purpose of that team is to revie\\ the project . the site plan. for all of those areas, for traffic. 1.oning. placement of buildings. for fire safety . and for all purposes. she said . lliat 1s the general procedure as any project would come in now. Ms. Langon said she beliC\cs the Planning and Zoning Commission was concemed about having public input for any type of development within l11e parks. Mayor Bums asked, after they ha\'e been designated and zoned under this ordinance. wliat would happen after that on those already zoned areas. Council Member Habenicht asked if this docs not allow for public input. Ms. Langon said. as it was wrillcn, no. per Council 's amendment on May 17"'. that was pulled . Mayor Bums said if you arc going to have public input . you liavc to define how much of a change you arc going to have . If you change somellling lliat is very small, like where lo put a picnic table. you should not have to have a public hearing on it. He asked how this could be defined so that you would know. He said he has some interest in having the Planning and Zoning Conunission panicipatc. but how do you define it so you know which is an issue that should come before them or lliat is just so trivial that it is a waste of time. Ms. Langon said tliat was our rnajor controversy. Al wliat lcvcl do you decide thai it becomes a public hearing issue. Council Member Bradshaw said tlk1l is decided by that team . Ms. Langon said no. according to tJ1is , it would not be a requirement. Council Member Waggoner said it is not a requirement. but it docs not say you could not . Ms. Bradsliaw said tJ1cn a public hearing could still be held. Ms. Langon said that is correct. Mr. Waggoner said. in the other procedure. you would have to hold a public hearing. and in this one it would just be pcnnissiblc. Ms. Bradsliaw said she likes lllis. the way it is written. belier . ' . ) I .. • 0 • • • ./ Englewood City Council June 7, 1999 Page 12 ,. ... .. • ... • -.. ... Ms. Langon said it is also her understanding that Parks and Recreation. lhrough the Board. holds public input . before they start the project anyway. So it is somewhat redundant. other than one is a required public hearing. and the Parks Department's is merely an infonnal process. Ms. Habenicht said that is the point she was going to make. that Planning and Zoning is primarily a quasi judicial group, in which a public hearing has some impact . while the Parks and Recreation Conunission is not quasi judicial. and the public hearing would be jUSI for gathering input She asked" here in lhc ordinance something like that would be added . City Attorney Brol7.man said. previously. and the motion that wa s changed. paragraph D. had an additional sentence thal COW1Cil removed on first reading. 11lat required a public hearing for all those items li sted in paragraph D. so items like setbacks. building heights. signs. fences and landscaping would ha\'C been required to go to a public hearing before any of that work took place. he advised. Ms . Habenicht said. for example. if we were talking about the location of a skateboard park. or the locauon of a tennis coun wilh ligl1ts. or any kind of acti\'ity. lhat could. a s the ordinance stands now. be appro\'ed by staff. without going to any public process at all . Ms. Langon said other tl~111 the public process that the Park s a nd Recreation Depanment would address prior to even bringing the idea forward . Council Member Waggoner said. when this comes up at budget lime. then Cow1cil 1~1s control over it and it could go to public bearing. Council Member Habenicht said we have infonnation saying that PL1m1ing and Zoning appro\'ed this . Did the~ approve this with or without that change. she asked. Ms. Langon responded that they approved it "ith that change. Ms. Habenicht said so they approved not to ha\'C a public bearing. Ms. Langon said no. lhey amended the ordinance to have the public hearing at first reading. Council n:mo\'ed that amendment. Council Member Waggoner e:1.-pL1incd that. when it went to Parks and Recreation. they appro\'ed it as originally written. TIICII it went to PlaJming and Zoning. and they added the requirement. When it went back to Parks and Recreation. they said we do not like thal requirement. lake ii back out. and then Council look it back out on first reading. Council Member Bradshaw said it has to go lhrougl1 a hearing lo be zoned parks and open space. so that is where the hearing process comes in . Mayor Bums said we arc talking about after that. Ms. Ha benicht said yes. she is conccmcd about after that. because. for ei1ample. where you place a skateboard park might make a big difference lo people who li\'e adjacent to zoned park land. and would like lo have the ability to go to Planning and Zoning. She said it seems to her that it is an appropriate PlaJming and Zoning function . Council Member Bradshaw said then we arc bypassing Parks and Recreation . What we arc sa ying is the Plamling and Zoning has more control over it than Parks and Recreation . Cow1cil Member Habenicht said no . she would not think so . Council Member Bradshaw said. if it is a Recreation facilit y. she feels we should go through the process that we go through. Council Member Habenicht said she truly believes that if ii is going lo alfccl lhe land use and ii could address adjacent propeny owners and residents and citizens of our commwlity. they should have the accountability resting with the people. She said she has always been a strong supponer of that . She said thank you for clarifying that. this has really helped to clarify the position she is probably going to need to take . Mayor Bums said he is concerned about the same thing. Definition is really a lot of what we arc talking about here if we arc going to address these issues . We ha\'e a new skateboard park down at Cornerstone and we arc already having problems with lhe neighborhood about lighting and noise. And that went through evel')1hing. Council • I ) I • 0 . ] ..... • • • Englewood Cily Council June 7. 1999 Page 13 .. • • •• Member Bradshaw said. Mayor Bums said he is concerned 1ha1 we can fonnulatc lhis somehow . He said his concern is thal if we just have staff lo sa y whclhcr we have a public hearing or not we may never have a public hearing. Council Member Bradshaw asked if we can add some L111guage to D. if ii is going 10 impact Mayor Bums said we have Mr . S1ockwcll here lhis evening . He is the author of lhe lcllcr \\e ha\'e been 1alking about. Ms . Langon said, if Council modifies the ordinance. if lhal does come up . she would like 10 discu ss one otl1er point Casey Stockwell , 3919 South Washington Street, said he is a member of lhe Planning and Zoning Commission . He said he believes that. if Council considers all the issues they have heard. that they arc addressing the only iss ue s he has . He said he felt they were stated VCI)' well . Council Member Habenichl asked ifhe was spcakingjusl for himself. Mr. S1ockwcll admillcd lo limiled experience with govcmmem in Englewood, and . therefore . he is liSlenin g 10 the inpul of the people from hi s Commission and their previous experience in Englewood . For instance . c iling 1hcjoin1 \\Ork 1ha1 Englewood did wilh Arapahoe County in the South Suburban Park District . He s;1id Council broughl up most of lhc issues thal were ci1cd there and there was a 101 of concern wilh surrounding neighborhood s because of lighl s. for 111 s1ance . We also wrc s1l cd w11J1 the question of how much . We do 1101 wan110 know if yo u change a ligl11 bulb . or cha nge a pa ri< bench . we do 1101 care, he said . Obviously. an)1hing like a bathroom would come across on budgel stuff. bur \\C still feel like ii is 100 open~ndcd. As for the spccifici1 y of whal size it should be before a public hearing is held . Mr . Stockwell said. although al the last meeting they addressed the fact that ii may add up to three momhs 10 a decision-makin g proce ss . he does DOI feel that is necessarily so. As a matter of fact . I am on the other end of 1ha1 spcclrunt he sai d I belie, c thal we could keep a IOI of picnic tables from coming to Council . We are there 10 serve you . he said. 10 ga1hcr information and save Council tjmc, therefore. if a picnic 1ablc comes across. we can slop ii. you do 1101 ha\'c 10 hear about it. If it is lighting. and tbe public needs to hear about it . ii can come 1hrougl1 us firSI. he said, we can clunina1c a IOI of the extra Sluff'. do a bunch of the changes lhal the public is alread y concerned aboul before ii comes lo Council. Of course. anything that comes from us is just a suggestion. he allowed . Mr . Slockwcll said he feel s 1ha1. by eliminating that one sentence. Council really pulled them out of the loop . Specificity of the si7..c of 1hc addilion was a problem. and you can gel 100 detailed. landscaping. c1c . bul 1ha1 is why we 1hough1. lca\'c ii general . and ,fit is a picnic !able. we will just say no public hearing or whalcver. II is \'cry l~ud to gel thal specifi c in language w11hou1 someone finding a way around ii. he slaled, 10 somclhing 1ha1 impacls 1hc local communily . Council Member Bradshaw said ii is a lrust thing . We have a Parks ai1d Rccrcalion Conunission . we have Plarming and Zoning. If it is an issue where ii comes 10 ligllling or somclhing. she fell sure Parks and Rccrca1ion would say this needs to have a public hearing . Council Member Habenicht said she feels trust is imporlanl. but also you can have a higl, degree of I rust when you have a group of people lhat you feel VCI)' comfortable wi1h. but tilings and people can change . TI1a1 is why 1hc process needs to be in place to address lhose things, she opined. She fell thal ii is importanl somclimes 10 have 1hcse things spelled out and tbc process in place . and trust in the system. 1101 jusl in the people . Mr. Waggoner said the system requires lhal lhc process go lhrouglt 1101 onl y Ci1y Council. bu1 an y capital improvement projecls arc approved by lhc Planning and Zoning Commission. aild even if lhey arc initialed by Parks and Recreation, any capital projects arc approved by lhe Planning Commission and our nonnal budgel process . Mayor Bums said he is concerned about timing. and we were talking about six1y or ninely days. and if they slill have to go through a budget process. Mr. Waggoner said you know whal projects you are going to build al a certain time of year, and that is budget time. and usually those are on a five year capital improvements project plan . If there is some concern about a skateboard park going in, for instance . at Cushing Park. then when budget time comes around . and all of those are approved . that is the ti1ne we should be queslioning where ii is going . He asked if that is or is 'I ) I • 0 ] ... • • -• .· Englewood City Council June 7. 1999 Page 14 '. ' ·•' • ,..-;;·· • • - ... not the proper place , before it gets too far down the road . There is no sense in our Parks and Recreation Commission spending too much time on a project that is not going to be approved. he said. or that somebody has some concerns with. That is why we have public hearings even at those times. he said . Council Member Habenicht asked if it is appropriate to be discussing this at this time . Mayor Bums said we need to separate the Council discussion with each other from the nonnal public hearing process. Mr. Stockwell asked if he could comment. He said what tl1ey almost touched on tl1cre. with tl1c three 10 six months. the budget only comes up once a year. once every five years. and projects do not always take that long. TI1erc arc monies set aside in every department for stuff \\ithin that )'car in a generalized \'Cin . ll1crcforc. you still have an open door for stuJJbeing put in. whether it be sidewalks or tall lighls. that they can just Iii inlo their budge! without going through a budgetary process on spccificily. so that would be one concern. he said. Mayor Bums said he tends to agree with that. He asked if Mr. Stockwell had an~1hing further to say . Mr. Stockwell said no. he just felt lhat the fact thal ii l~1s been brouglll forward and Council is considering it ve~ thoughtfully is really all he wanted. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBLIC HEARING. Ayes . Council Members Nabhol7_ Garren . Bradshaw. Habenicht. Waggoner. Grazulis. Bums Nays : None The motion canied and the Public Hearing closed . Mayor Bums said he tends to agree 111.11 you can ,~we tl1ings come up that are not part of the budgeta~· process. He said he felt it is difficult if you arc going to have public hearing as the definition . He allowed that the Planning Commission may be willing to work as a filter. but he said he did not want 10 layer too many difTercnl reviews of the same thing. Council Member Bradsl~1w asked if Council is then abdicating its responsibility 10 make those decisions . if we arc having it filtered . Mayor Bums said he thought we were trying 10 a\'oid having such things as a park bench corning before Council. He said he is not sure how the process would work exactly . Council Member Bradshaw said she feels we arc in lhis vein of mi cro managing evcl')1hing afler the project across the street . and she docs not know 111.11 we have to keep doing 11~11. She said she strongly feels there is a process in place 111.11 is reasonable. Nothing gets put in a park without the five year plan, that is always approved by Council. The Parks and Recreation Commission can hold meetings. sl1c said. and she just docs not w1derstand why people arc so distrustful of this whole thing. Mayor Bums said he felt Council Member Habenicht 11.1d made a good point 111.11 people cll.1llge. and we wam to have a good process. He asked if, legally. as far as lhe hearing process is concerned. can tl1e Planning Commission act like a filter. City Attorney Brotzman said sure. if you want them to . You could l1.1vc 1ha1 level of delail 1hat is specified in this ordinance. Council Member Waggoner said Council could also call a public hearing on any proposal thal comes up . TI1ere arc a lot of times when the Planning Commission will l~1ve a public hearing. and we tum righl around and l~we another public hearing. he said . Council Member Bradshaw said that lakes a long process. Mayor Bums said sometimes that is necessary . • ) I • 0 J • • • Englewood City Council June7.1999 · Page 15 I ·• .. : .. " ,,-. • .. • -.. City Attorney Brotzman said filler is probably an inappropriate word . l11ey are advising you. much as the Libra~ Board does and the Code Enforcement Advisory Comminee docs . TI1ey arc advising you of issues . Mayor Bums asked if they can entcnain an issue of a public hearing. and then stop. so the Council never secs it. City Attorney Brotzman said the only time they do that now is on quasi judicial maners. 1101 on advisory mancrs. advisory comes to Council. Council Member Habenicht said she feels really strongly that she values the checks and balances that we have in place, so that in time , no maner who is there. there is an appropriate process . She said she has to take imo account the major water park that we have planned. She said she has l~'ld se\"cral citizens call and they are conccmed about that, and they feel very uncomfonablc thal there has IIC\"Cr been a public hearing on that. tli:11 the y ha,·c been able to address . If this were in place with something at Planning and Zoning. th~ would tia,·e an opponunil)· to have their quasi judicial public hearing guaranteed. If this ordinance were passed right now . those people "ould 1101 necessarily have that. She said she feels there is a sense out there . just as we were feelin g that . perhaps. our RTD process was trying lo ramrod something at us . and people feel tl~1t . \\hen It 1s III their back~ard . ifthey do not know that there is a real process that they can get into . it can get overlooked . She said when th ere is a real hone st to goodness process that l~1s to be gone through . it can cenainl~ be sped through l11 c checks and balan ces arc imponant. she said, and I value the rights of the citi ze ns . Mayor Bums asked , if you l~1d tl1c ordinance in place . and then )Oil had new 1011111g on a nc" sit e. \\hclhcr th at would have to have a public hearing. City Anomcy Brotz1i.111 s.1id yes . Council Member Ganctt said liaving missed the previous meeting . he did not know whether the discu ss ion was more enlightening . He said he is trying to sec if there is a common ground that somehow can be reached . l11c struggle witl1 any drafting is words. and it seems tl~111he concern is if there is going to be some son of impa ct off site. lfwe arc doing something such as impro\"ing a ball field. that will have no additional impact off site. "h~ do we want to hold a public hearing on something like that. He said he is trying 10 think if tl1crc is some kind of ca pital expenditure cap. Well. no. if you put up one light tower that costs no money . that is where people arc conccmcd . while if you did several thousand dollars to ,~1kc the ball field better. no one would reall y care for rcsoddin g. for example. If we could come up with some kind of language . such as material impact off site . Some kind of material standard. which is a loose term. but one tliat we use legally a lot. if there is a material impact off site . l11c water park impact would be off site because of the grounds . So maybe we could come up with something tli:11 would satisfy both. he said. Council Member Habenicht said she feels that would be appropriate. and would suppon tl1at. so tl~1t we arc not micro =1ging, but addressing the conccms of our citizens. Mayor Bums said he l~1 s no interest in mi cro managing little cll3Jlgcs in a park . Mayor Bums asked if it is the consensus that Cow1cil would like to sec some language in 11~11 direction . Council Member Waggoner suggested tl1cy work on it. then . before it comes back to Council . He s.1id he docs not want to sec it again until something is decided . City Attorney Brotzman asked if Council wants this to go back to both commissions prior to coming back to them . Council Member Garrett said you liave two commissions with two different views . Council Member Bradsliaw agreed . She said if we arc going 10 use the process. it needs to go to them. too . Cit y Attomey Brotzman said he got lost on thal one . Council Member Garrett said the answer is yes . Council Member Habenicht said speed it through to both. City Attorney Bro!Zlfl311 said okay. it is going before both . Cow1cil Member Habenicht s.1id if we could have them both rcprcscntcd with wliat they have lo say to us. that would be helpful . Mayor Bums said we have Ilic lu:1.111)' of some time here. because we arc not going to change a park or lose one or gain one in the mcanli1nc . We liave our parks. we arc just trying 10 initially 1..one them, and look to the future . Council Member Bradsh,1w said she has a problem with two layers of bureaucracy. because the process is there . • ' .. " . • r ) I • 0 • • J '-- .,. Englewood City Council June 7, 1999 · Page 16 > • .. • .. • •• .. Council Member Habenicht said she feels Council Member Garrelfs commen&s were appropriarc and gennanc 10 her concerns. Council Member Bradshaw asked City Anomcy Brotzman 10 gel logClhcr wilh Ms . Langon on lhc language lhal she wants to deal wilh. Mr. Brotzman said absolutely . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i). 10 (b) (i) AND (ii), AND 10 (c) (i). (a) Approval of Ordinances on Firs! Reading (i) COUNCIL BILL NO . 36 , INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUllfORJZING ACCEPTANCE OF A $7.500 GRANT FROM THE COLORADO DEPARTMENT OF LOCAL AFFAIRS (OOLA ) SUCH FUNDS WILL BE USED FOR ENTERPRISE WNE MARKETING AND ADMINISTRATION . (b) Approval of Ordinances on Second Readin g (i) ORDINANCE NO . 30. SERIES OF 1999 (COUNCIL BILL NO . 3 1. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUllfORJZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN BUCKLEY AIR NATIONAL GUARD AND THE CITY OF ENGLEWOOD FOR USE OF BUCKLEY 'S FACILITIES BY THE ENGLEWOOD DEPARTMENT OF SAFETY SERVICES . (ii) ORDINANCE NO . 31, SERIES OF 1999(COUNCIL BILL NO. 34 , INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING TfilE 4, CHAPTER 7. SECTION 11. OF THE ENGLEWOOD MUNICIPAL CODE 1985 , PERT AlNTNG TO THE EXlcNSION OF THE LIMITED WAIVER OF THE WASTE TRANSFER SURCHARGE . (c) Resolutions and Motions (i) A CONTRACT WITH RAYMOND TOMASSO IN THE AMOUNT OF $7 .500 FOR THE WINNING ART AT THE HAMPDEN STATION ENTRY . Vote results: Ayes: Council Members Nabholz. Garrell. Bradshaw. Habcnichl. Waggoner . Grazulis , Bums Nays: None The motion carried . II. Regular Agenda (a) Approval of Ordinances of Firs! Reading (i) City Allomcy Broizman prcscnled a recommcndalion from !he Dcpartmenl of Safel y Services and !he City Allorney lo adopt a bill for an ordinance pcnaining 10 graffiti . • I ) I • 0 • • I '- -• -. Englewood City Council June 7, 1999 · Page 17 .. , . ..,.-·· • • - Mayor Bums advised that lllis action requires a motion to review the ordinance which was tabled of April 5. 1999. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO REMOVE COUNCIL BILL NO. 24 FROM THE TABLE. Ayes: Council Members Nabholz. Garrett. Bradshaw. Habenicht. Waggoner. Grazulis. Bums Nays: None The motion carried. City Attorney Brotzman ac1'1sed that this matter was tabled due to retail concern regarding the display and storage portion , on page four of the ordinance. §7~E-IO. 111is section. if you look at the end of what is now section C-2. that is what was previously required. he said. It required that it not be accessible to the public . TI1e retailers came to us. he advised. and said that is really difficult for rcL1ilers. TI~ came to us. the us being tl1c Code Enforce ment Ad\1sory Committee. first ll1e sub-committee and then it wcm back to the commlltee as a "hole TI1eir request was. either put it in line of sight and/or electronic survc1llance . and for that they will provide education to i•1eir retailers . provide us paint, provide us other substantive issues. because it helps their retailers out . TI1c s ub-co mmiuce ,md committee as a whole voted to approve the ct.1nge in l,mguage TI1i s la nguage is actuall~ la ng uage tha t was proposed by the International Municipal Lawyers Associauo n. th~ came up with a bas ic draft of the code secti o n. Tital is what this is. ll1at is wl.1t the sub-commiucc and the com111111 ee as a whole a rc proposi ng and that is what is now in the ordinance. he said. Council Member Garrett asked if that is what the retailers were comfonable with. Mr. Brotz 1m11 said 11.11 is what they requested. Mayor Bums said onc of the issues is how much of tit<: graffill paint is stolen. and we got \·Cl) d1ITcrcn1 o pinions o n that. Mr. Brotzman said the retailers 1~1d very different opimons than the study in Denver came up with. TI1cy arc say111g there is not nearly as much stolen as Dcnver·s study previously stated. Mr. Brot7Jnan said other cities have done similar studies. they disagree with those studies. Pan of what they said ll1ey would look at is they \\ould go back to their retailers and actual I) nm through their lists and sec how much is being stolen and try and work on that issue a s well. if it is a problem. Mayor Bums said that was the main reason why you would put it out of reach. He asked if we have sur.·e~ cd the Englewood retailers. Mr. Brol7.Jna n stated that they s;1id they have talked to our retailers. but in a ll honest ~ he d ocs not feel they did a very good job of talking to all of our retailers. Council Member Bradshaw s;1id they did not ta lk to Home Base. Mr. Bromnan said they talked to a couple. Titey may have talked to Kmart . and those they actually represent in the market TI1cy talked to Wal-Mart. who is not in our market yet. but is coming. and is one of the groups they actually take care of. and they arc indicating there is not that much stolen. a nd if it is. they would ra ther take care of that issue because they do not wanl ll1cir mcrct.1ndise leaving the shelf. Mayor Bums asked if there will be any funhcr discussion with Englewood retailers. Mr. Brot zman said the promi se. in the letter that Council has. is tltal they will come out and talk with our retailers about ll1c program and educate them about what they need to do. and about stolen p.1i111 . and how this all works. TI1c benefit. he said. and the probability of that happening would probably 1101 be Iha! great. cxcepl that Denver passed an ordinance lhal looks like paragraph two, it requires that it be locked behind a clerk. so you could 1101 reach it. TI1cse very same people went to Denver. Denver said we arc keeping that. we arc not going lo electronic sur.,cillancc. or line of sire . TI1cse people really want to educate our retailers about how nice Englewood is in supporting the retail commmlity. and Denver is not. Mr. Brotzman said he feels they will actually be cduc.11ing our retailers. Council Member Bradshaw said they need to go 10 all of them. She asked how they will get that list Mr. Brotzman said lite)' actually have a list, allhough it is 1101 very comprehensive right now. n,cy had a number of businesses that ' . ) I • 0 • • • / Englewood City Council June 7, 1999 · Page 18 .,,- ) .. .. .. ~ • ... • ... -.. have Englewood zip codes. t.'Jat were not in Englewood . He said he feels they have actually missed a couple of retailers, so we need to work with them more on the correct list in contacting our retailers. Council Member Habenicht asked if the ordinance. as it stands now. docs not have any effect on the retailers at all . Mr. Brotzman said it docs have some effect. but not nearly the impact that it once did. You still have to have electronic surveillance. meaning a camera that actually works in the ceiling. for exan1ple in Kmart. so you could sec if someone was stealing paint, or you would have to have a clerk watching where the paint containers are . Otherwise, you could lock it behind the counter. he said. A good example is A & A Trading Post . they have spray paint behind the clerk already . Council Member Habenicht said it gives the retailer the option to use any one of the three. bul they have lo do one of them . Mr. Brotzman said yes. or they are in violation of the ordinance and we could bring them into Mw1icipal Court for violating the ordinance. Ms. Habenicht asked how you would enforce the clerk watching. She said she could understand how you would enforce electronic surveillance or behind the counter. Mr. Brotz man said if it is not in line of sight of a clerk. or there was not electronic SW\'Cillance. yo u would be in violation of the ordinance. which means there is a penalty section. which is our traditional penalty section. so you could fine the store S500 a day for every day that it is not in line of sight or view of the clerk. so it is a dollar penalty to them. Council Member Waggoner said they could just change their isles to the direction that is away from the cash registers. Mayor Bums asked if we could just pass this on first reading until we liavc the s ur\'ey . He said he thought we were going to survey the Englewood businesses before tlus came back Council Member Bradshaw said that is what tl1cy said they were going to do. Mayor Bums said we got a light brush over the people they already represent. and that is not what we expected. Council Member Bradshaw said 11131 could be a way of delayi ng us from passing it. too . Council Member Nabholz said there are several members of the Code Enforcement Advisory Committee here tonight. A lot of effort and work has been done on this from thi s sub<ammittcc. as well as the Code Enforcement Advisory Committee. She said she did not know if it would be appropriate or not if the cl~1ir of that sub-committee spoke. She asked. if this is not passed on firsc reading tonight, is it tabled once agam. Mayor Bums said you can continue it rather than table it. Tabling requires a different vote . he said. City Attorney Brotzman said he would probably urge them . since Ilic committee has recommended this. and you ca n remove paragraph C and pass Ilic remainder of this . Council Member Bradshaw s:1id we co uld just let it go. and try it out to sec how it works . If it needs strengthening. then we could go from there . Council Member Garrett suggested having a public hearing. Mayor Bums asked if we should set tl1is for public hearing. Mr. Brotzman said you do not l~1vc to, you may l~1ve a public hearing. Mr. Garren said ii would be a good idea. Ms. Nabholz agreed. since it involves retailers. Mayor Bums s:lid if we are going to liave a public hearing, he would like to have all of our retailers infonned so we can receive community comment. Council Member Habenicht said she is not clear. She asked if the cl~111ges were 1nadc because of the person who came here. and we tabled iL or did they go through tltc Code Enforcement Advisory Committee. Did tl1e Code Enforcement Committee approve the cltanges'/ Council Member Nabholz responded affinnatively. She s:lid tl1ey are comfortable with it the way it is . Ms. Habenicht asked if they are the ones who brought it to us. Ms. Nabhol z said yes . Ms. Habenicht s:lid she is ready to move on it then. she said she had thought it was changed in spite of them . The Deputy City Clerk read lhe council bill by title : COUNCIL BILL NO. 24. INTRODUCED BY COUNCIL MEMBER BRADSHAW ' . ' ' ' • ' . ) I • 0 . ] • • J '- • Englewood City Council June 7, 1999 · Page 19 ; .. ~· 1 .. ~ ,,....... • .. • -.. A BlLL FOR AN ORDINANCE AMENDING TITLE 7. CHAPTERS 6E AND 6F AND TITLE 15 BY REPEALING AND ADDING NEW SECTIONS THAT ADDRESS POSSESSION AND SALE OF GRAFFITI MATERIALS AS WELL AS PARENTAL RESPONSIBILITY . COUNCIL MEMBER BRADSHAW MOVED,AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) -COUNCIL BILL NO. 24. Ayes: Council Members Nabbol7 .. GarrdL Bradshaw. Habenicht. Waggoner. Grazulis. Burns Nays: None The motion carried. Setting a date for the public hearing was discussed. C,t~ Manager Scars stated that. if we do notify the retailers about the public hearing. it may take a linlc bit of umc Ms. Habenicht said we arc passing this m fa\'or of the busmesscs. smce tins was a suggestion 1mde by the businesses. She said this will be the first time she has e,er talked ag:1inst a public hearing. but she rc.1ll y docs 110 1 think it is necessary. since we ha\'e bo\\ed to the retail concems. We have taken it back to the people \\ho first brought the ordinance. She said she could sec that if 1t was going to be something more detrimental to them . but why would they come back and make it stricter? Council Member Garrett said many of our retailers have not had any input. and he would like to gi\'e them a shot . if they so desire. Mayor Bums said it can be more of a problem sometimes if people think they did not have a ch,mcc to talk about it. Council Member Grazulis asked when the hearing would be . Council Member Garrett said as soon as it is practical to notify all of the retailers. Council Member Bradshaw said we probably need to go to the second meeting in July. Mr. Sears said that would give us enough time. COUNCIL MEMBER GARRETT MOVED, AND IT WAS SECONDED, TO HOLD A PUBLIC HEARING DURING THE SECOND MEETING IN JULY TO GATHER PUBLIC INPUT REGARDING COUNCIL BILL NO. 24. Ayes: Nays: n,e motion earned. Council Members Nabhol1~ Garrett. Bradshaw. Habenicht. Waggoner, Grazulis. Bums None (ii) Director Gryglewicz presented a recommendation from the Dcpanmcnt of Financial Services to adopt a bill for an ordinance placing a question on the November ballot regarding Liquor Occupation ta'lics. Mr. Gryglewicz stated that . since TABOR came into effect. any new taxes arc required to go to the voters . This would go to tl1e voters for approval of taxes on four licenses. and this was discussed at a Study Session c.1rlier this year, he said. n,c licenses arc Brew Pub. Optional Premises License. Optional Premises License with Hotel and Restaurant License, and Mini Bar Pennit. and this would be for the occupational tax that is listed in the ballot question, he said . Mayor Bums asked if a Mini Bar Pennit would be for an entire motel. Deputy City Clerk Castle stated that a Mini Bar Permit is for a branch of a hotel that is within 1.000 feet of the main hotel . It has to be owned by the same hotel people, and could be up to 1.000 feet away. Mayor Burns asked if it is an actual bar. Ms. Castle said no . it is in their rooms. the little refrigerator bars. The Deputy City Clerk read tl1e council bill by title : . ) I • 0 • • -• Englewood City Council June 7, 1999 Page 20 ·~ . ., .. • • - COUNCIL BILL NO. 39. INTRODUCED BY COUNCIL MEMBER BRADSHAW ... A BILL FOR AN ORDINANCE SUBMllTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION A QUESTION AUTHORIZING ADDITIONAL CATEGORIES OF THE PREVIOUSLY ESTABLISHED OCCUPATIONAL TAX ON LIQUOR LICENSE BUSINESSES . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (a) (ii)-COUNCIL BILL NO. J9. Ayes: Council Members Nabholz. Garrett. Bradshaw. Habenichl. Waggoner. Grazulis. Bums Nays: None The motion carried . (b) There were no additional items submiltcd for appro\'al on second reading. (Sec Agenda Item IO - Consent Agenda.) (c) There were no additional resolutions or molions submincd for a pproval. (Sec Agenda Item JO - Consent Agenda.) 12. General Discussion (a) Mayor's Choice (i) Mayor Bums discussed a leller to Council from Jerry Slack. President of the Board of Directors of the Englewood Historical Society regarding gelling clcctric11y for the Depot Museum . Mayor Bums said he is not quite sure what is being addressed here. and why 1hc Cily "ould waive a charge. and whal that charge is. City Manager Scars advised 11~11 he asked Rick Kahm to follow up on 11~11. and has not yel goncn a rcpor1 from him . He said, as he Wlderstands it . it is to pay for electrical services to the building itself and whatever connection fees there may be. He said he can nm verify that for Council tonight. Council Member Nabholz explained that there was a temporary power pole back there when the Englewood Housing Authority still owned the propcr1 y and all the Historical Society is looking for al this point is 10 be able to have an outside light. She said when she met "ith the president. and some other board members as we were pricing some things for the box car sale, he said that he was told that the wiring that was run to the depot for the outside lights was really dangerous. She said. if all else fails . and we can not tap into the existing power pole. the issue is we need some lights outside. We arc not worrying about wiring rigl11 now. but just for safety . Council Member Garren asked what fees Englewood would be waiving. Ms . Nabholz said she is not sure . bu! what the Historical Society would like is a ligl11 outside the building. We had a temporary power line running to that power pole and it has now been disconnected. she said. Council Member Waggoner asked if they wanted an area light, as is in our parks. Ms. Nabholz said yes. Mr. Waggoner asked why we don't just request Public Service Company to install on. and we pay the monthly bill . Mayor Bums asked if they would just make tl1e initial request to the Public ScrYicc Company for tl1c liglll. Ms. Habenicht said can we not just ask staff lo address tllis. instead of us trying to solve the problem. It seems like there should be light there, she said, and we own tlie land. City Manager Sears apologized. He said Ms. Nabholz is probably rigl11. and it is probably as Mr. Waggoner suggested. that we just request a light and pay the nom~'II fee . Mr. Waggoner said he docs nOI know what it is now . .. ) I • 0 • • l '- Englewood City Council June 7, 1999 Page 21 • • - .. .. but it used to be that they give you about $500. and if it runs above that you pay the difference for the installation and then you pay so much a month for a street light . Mr. Sears said. if that is the case. Council can just give him authorization to do thaL and if it is different he "ill come back to Council . Council concurred . Council Member Grazulis said this does raise a concern regarding the propcny around it Ms . Nabhol l said there 1s one neighbor this might possibl)' impacL but she has been robbed twice . and she would probabl~ "clcomc lhe hghl. Council Member Waggoner said if it bothers U1em. Uiey can always adjust ii. (ii) Mayor Bums advised that we have an invitation to the grand opening of the skate park at Comcr5tone Part. Saturday. June 12,. at 12 :45 p.m. (b) Council Members ' Choice (i) Council Member Nabhol z : I . She needs to clarify. when she was reading in the minutes . she gave the in correct dates for U1c bo x car sale for the Englewood Historical Society. It is Friday. June 18'h and Saturday . June 19 ... 2. She reminded Council oflhe Clean. Green and Proud GolfToumamcnl on Monday. Registration and continental breakfast is at 7:00 a .m. she advised. and shotguns stan at 8 :00 a.m. (ii) Council Member Bradshaw presented Council Bill No . 35. submilling lo a vote of the electors a proposed amendment to the Chancr Uic minimum age to qualify as a Council Member from 25 to 21 years of age . for consideration . The Depul)• Cit)• Clerk read the council bill by title : COUNCIL BILL NO . 35. l!IITRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE SUBMITIING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REGULAR MUNICIPAL ELECTION A PROPOS ED AMENDMENT TO SECTION 23 OF THE HOME RULE CHARTER OF THE CITY OF ENGLEWOOD WHICH WOULD REDUCE THE AGE FROM 25 YEARS TO 21 YEARS OF AGE AS A QUALIFICATION TO BECOME A COUNCILPERSON . COUNCIL MEMBER BRADSHAW MOVED COUNCIL NO. J!I. Mayor Bums asked for a second . He said it appears we do not have a second . Council Member Bradshaw said she thinks it is sad that we are deciding whether people can vole on ii. TI1is is just lo put ii on the ballot. she said. not saying you arc in favor of it. All this says is Uiat it would be a Chancr amendment and people can choose to vote for or against it. THE MOTION DIED FOR LACK OF A SECOND. (iii) Council Member Grazulis mentioned the meeting in the 4400. 4500. and 4600 blocks. There arc twelve blocks included. she said, on July 21 " and we will be gelling out notices to those members . It will be starting at 7 :00 p.m. and Safety Services and other people will be there. al Cherrclyn Elementary . (iv) Council Member Waggoner said we had a lcncr from U1c Transit Alliance about Transit Alliance membership . They suggested a membership fee for municipalities at $60 .00 per thousand population . He said he would like to sec us become a member of the Transit Alliance . We are on an annual budget . so if we sec that it does not do what we think it should. then we would 1101 have lo fund it U1e next year. ' . ., ... . ' ' ) I • 0 • • Englewood City Council June 7, 1999 Page 22 .. .. • • •• .. .. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO FUND A TRANSIT ALLIANCE MEMBERSHIP FOR AT LEAST ONE YEAR. Council Member Bradshaw said she feels we should wait and see what happens. as she feels it is just another layer of govenunent and she does not like to suppon lobby groups. Mayor Burns said he would like to speak in favor of it. He said he knows a lot or the people involved in this and they are focused on transit. as we are in this city with our transit oriented development. He said he agrees with Mr . Waggoner that, if we join it. we should take a close look at it during the first year or operation and see whether we think ii is useful, and if not. we can drop the membership. Council Member Nabholz asked if he had not said that this was pan of the original. when the City went down before RTD that we would suppon the Southeast Corridor if they gave the suppon fof our project. Mayor Burns asked if she meant five years ago. Ms . Nabhol z said )CS. Mayor Bums said we had talked to all the cities that were involved in tl1c initial discussion and vo«ing at DRCOG on the approva l of the Soutl1west Corridor. This is focused on the whole metro area. Council Member Bradshaw said her concern was that the people who arc going to be impacted by the next light rail spur are not even members yet. Mayor Bums said thal is a good queslion. It may be thal t~· are just so involved in the Soutlicast Corridor now that they are just intensely involved in il He said he is not ~ 'lli'ly tomC of them are not on this letter. but he said he was sure they are asking them to be on it. Council Member Habenicht said to shed some light on that . those communities tliat we worked with to get strong support for us when we were trying to get tlic Southwest Corridor. are tlic cities that arc rencctcd in membership in this Transit Alliance. specifically Arvada and Golden . Council Member Garrett said he will be voeing no for tllis. but will be a strong supponer of those commurlities. He said he jUSI does not believe this is the right fonim at this time . VOie reailts: Ayes: Nays : The motion carried. (v) Council Members Nabholz. Habenicht. Waggoner. Grazulis. Bums Garrett. Bradshaw Council Member Habenicht : I . She tliankcd whoever put U1e infonnation out about the impact that U1c ans have on revitalizing downtown . She said she thought she would call altcntion to it because she did not put it there. and she tllinks it is preuy neat and agrees with it 2 . She said they did have a letter in the infonnation packet that came from someone in Denver. II addresses the noise issue and these big booming. booming. booming. She said she feels there is a health issue involved and she would really like to see us look into that. She said she has mentioned it before and is not sure whal the right thing to do is. but feels it is problematic. She said she wonders if it affects people with pace makers. Mayor Burns said we do have a noise ordinance. and the letter was a little bit strong. Ms. Habenicht said she does not agree with the letter per se. but feels it is an issue and would like to see us look at it. ., ,. .. '• .. \ . ) I • 0 - • • / Englewood City Council June 7. 1999 Page 23 "t,"t... . . ~ .. .. • ,,,- • ' ~ • -.. ... .. Council Member Grazulis said especially those who live arow1CI stop signs. where ii is there for a longer while than just passing through. Ms. Habenichl said this pulsating can get things rattling. like an eanhquake . • * * * * Council Member Grazulis said she docs not know "''1131 the policy is regarding the blackened windshields and what the law is. At one time it used to be not the front windshields. just the back ones. and now there are more and more ~rs where you can not see the driver. With today 's situations. that could be very dangerous. she said. and she was just wondering what the regulations were regarding that in Englewood . Mayor Bums said it is an issue and a little disconcening to look into a car where you can not tell what the dri ve r is looking at. whether he sees you or not. City Manager Sears said we can do some follow up. Lieutenant Wicks said he would research it and gel back 10 them. (a) City Ma1iagcr Sears reponcd on 1he rcdevelopmenl of Cinderella Cil y. He said 1hc lwin T's have been ordered, and that is moving ahead. We have liad some very good meclings. he said. inc luding thi s a ft e moon with Wal-Man n:presentalivcs in panicular. 11icy really want to push this along to get this closed. and Ibey are going through very detailed informa1ion to get all the agreements put together. he advised. That is VCI)' encouraging from that side. we arc: working through the issues and the project is moving along. he said. Council Member Waggoner said it lllClllli like we ought to be able to get the developers a list of 1enan1s before long. Mr. Sears said we .,.;11 work on that. 14. City Attoney'1 lkpor1 City Attorney Brotzman did not have an y matters to bring before Council . 15. Adjournment MAYOR BURNS MOVED TO ADJOURN. llic meeting adjounlCd al 9 :45 p .m . . , . ,. ' ., • ' .. I , I • 0 - • • • 1. 2 . 3 . 4. ,. Call to order. Invocation . .. ~ -· • ,-:. ~ . , • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 7 , 1999 7 :30 P.M. ~pj /r" {)A/ll Pledge of Allegiance . .gl)Jld/:,o Roll Call . ')~ .. V l>' I 5 . _ Minutes. &, ~a. Minutes from the Regular City Council meeting of May 17 , 1999 . 6. Scheduled Visitors . (Please limit your presentation to ten minutes .) 7 . -8 • v a . Englewood res ident Richard Edsall will address Council regarding Code Enforcement issues . 9 . Public Hearing . A public hearing to gather input on a bill for an ordinance creating a Parks and Recreation Open Space Zone District. ~~ ' .. PINN note: If you have a dlublllty and need auxlllary aids or MfYlcH, pleaN notify the City of Englewood (303-762-2405) at !Nat 48 hours In advance of when NrVlc:N .. IINded. Thank you . • ' ., ..: .. ) I • 0 .] • • .. • .. • •• ... Englewood City Council Agenda June 7, 1999 Page2 10. Consent Agenda . a. Approval of Ordinances on First Reading . b . Council Bill No. 36 -Recommendation from the Office of Neighborhood and Business Development to adopt a bill for an ordinance accepting an Enterprise Zone Marketing and Administration Grant. STAFF SOURCE: S. Darren Hollingsworth, Business Development Specialist. Approval of Ordinances on Second Reading. Council Bill No . 31 , approving an Intergovernmental Agreement with Buckley Air National Guard for use of Buckley's facilities to provide accident avoidance driver training for all City employees. Council Bill No . 34 , extending the waste transfer surcharge waiver until December 31 , 2001 . c . Resolutions and Motions . i. Recommendation from the Department of Parks and Recreation to approve , byjfflGlian, a contract with Raymond Tomasso in the amount of $7,500 tor the winning Art at the Hampden Station entry. STAFF SOURCE: Gary Hultberg, Recreation Manager. 11. Regular Agenda . a . Approval of Ordinances on First Reading . V t;':!:::!, ~-Council Bill No. 24 · Recommendation from the Department of Safety -lf>'vl -. f,V'7"-_-; Services and the City Attorney to adopt a bill for an ordinance pertaining to ,, ~, /) . O graffiti. This action requires a motio ev,ew raffiti ordinance tabled u .,:)_~ ~27s, ~999 . STAFF SOURC · Dan Bratz , City Attorney. /\ _Q 1i. Council ,No. 39 -Recommendation from the Department of Financial f ~ Q Services to adopt a bill for an ordinance placing a question on the November ;n,v, /_"' ballot regarding liquor Occupation taxes . STAFF SOURCES: Frank Gryglewlcz, Director of Financial Services and Brenda Castle, Deputy / • // _ 0 City Clerk. ¥ b . Approval of Ordinances on Second Reading . c. Resolutions and Motions. 12. General Discussion. a. Mayor's Choice . Pleue note: If you have a dlublllty and need auxiliary aids or HrVlc:ea, plea .. notify the City of Englewood (303-762-2405) at lust 48 hours In advance of when urvlces are needed. Thank you. • • . ... __ .. '· . ... .. I • 0 2 . ]- • • • .. • ., .. .... .Englewood City Council Agenda ~ June 7, 1999 Page3 ~ b. Council Members' Choice. t(..,,,_ 1 -,; . ~ i. Council M No. 35 -a bill for an ordinance submitting to a vote of the qualification to become a Councilperson. ,,,,{IJ /i ' .. . l Q .,< f~l~\ ~) registered electors of the City of Englewood a proposed amendment to the ~ ,?n', Home Rule Charter reducing the age from 25 years to 21 years of age as a ~~, '!'~/ , 13. CHyManage(sRapon. ,/;dY/-d~~,,~ j 'f~ 4.,,, 1/Wf a. CityCenter Englewood Update. 77 ~~ ~-- # G-J 14. City Attorney's Report. )f' Adjournment. The following minutes were transmitted to City Council between 5/14/99 -6/3/99: • Englewood Planning and Zoning Commission meeting of May 4, 1999 • Englewood Code Enforcement Advisory Committee meeting of March 17, 1999 • Englewood Cultural Arts Commission meeting of May 5, 1999 PINN nole: If you have a dlublllty an-ii need auxlllary aids or Nt'VlcN, plNN notify the City of Englawood (3DS-7U-2405) at lNat 48 holn In advance of.._. N1'V1cN .. IINded. Thank you. ., · . .. . . ' . I . 0 3 • • .. • ./ .. • •• ENGLEWOOD CITY COUNCil. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rrplar SasioD May 17, 1999 1. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:40 p.m. Mayor Bums welcomed City Manager Scars back from his vacation. and thanked Acting City Manager Black for doing a pat job in bis absence. Mayor Bums advised lhal Council Member Garrett was out of town. adding that Council was on a confcrcna: call with him this evening during Executive Session. so he has been panicipating even though be was DOC bcrc . 2 . lavocatioll The in•·-:ation was given by Council Member Nabholz. J . Pledce fll Alleputt The Pledge or Allegiance was led by Mayor Bums. 4 . Roll Call Present: Absent: A quorum was JJRSCDL Also present : 5. Minutes Council Members Nabholz. Grazulis. Bradshaw, Habenicht Waggoner. Bums Council Member Garrett City Manager Scars City Attorney Brotzman City Clerk Ellis Director Simpson. Neighborhood and Business Development Director Gryglewicz, Financial Services Director Black, Parks and Recreation Director Eaton. Human Resources Director Olson. Safety Services (a) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OF MAY l, 1999. Motion carried. Ayes : Council Members Nabholz. Bradshaw, Habenicht Waggoner. Grazulis, Bums Nays: None Absent: Garrett 6 . Scbeduled Viliton " ', 5 A I • 0 32 • • • Englewood City Council May 17, 1999 Pagel ' , .. • ~ _.,,...,. • .. • -.. (a) Lany Nisbet of the Englewood Public Schools. said he just wanted to bring Council u p to date on what is happening in the school district. He advised that the community passed a S2 7 m1lh on bond referendum to suppon the refurbishing of the schools and funher their progression in technology He reponed that S22 million of those bonds were sold in Janua,y at a very favorable rate . We immediatel y began work on identifying companies thal could help with the project. he said. and that work . after extensive investigation and interview processes. has resulted in the selection of Sverdrup CRSS. a management planning group that manages construction projects . They are master planners and construction managers for the upcoming bond work . Mr. Nisbet added that he has never run into a mo re organized group in his entire life . We have an oversight group that is representative of the entire community, which meets once a month. he continued, and receives an update and oversees what is happening with the bond work . We also have an oversight committee with ciuzens and staff at each sne. he advised. who are . currently. meeting as much as twice a week with architects to develop the schemati c drawings and move forward with the projects. It is most exciting. he said. and the information supplied 10 Council is a very small piece of the outcome of a planning session to determine the go.ls and objectiYC s for the bond work . Mr. Nisbet felt Council would find them quite comprehensive and logical. Six top goals were identified. he stated. The first is quality over quantity. when possible. construction would be what we told the public . We arc very serious about keeping that covenant with the public. he s.1id. and that is "hy we have multi-layered oversight committees represented by citizens. Other goals arc to produce cost effective operations and minimize disruptions to our educational programs. he said. adding that CRSS believes that it is to our advantage in this community to move forward as rapidly as we can witlt the planning phase and the development phase. We were originally tl1inking it would take up to tliree years to do this project, he advised. but we are going to try to finish it in a year and a half. :;o tl1ere will be a lot of intensive work going on at each of the school sites . They have begun the planning and tlte schematic process. with the hopes of releasing lite work for bid by October or November of this coming fall. and begiMing construction shortly thereafter . Mr. Nisbet stated that Englc\\ood will probably alter tJ1cir schoo l calendar for the year 2000-200 I . most likely because th~ want a very lon g window m tJ1e sununcr aflcr this one. We will probably go back to what was a traditional calendar man~ ~ ears ago. staning school. m all likelihood, after Labor Day. and ending later in JW1c tlian we have for many ~cars . he said . That woul d give us a full three-month window for major construction to take place . The, will begin tlu s spring and summer with some emergency type work. there are some leaky roofs and some ADA !lungs that need to be accomplished in some of our schools to accommodate students who will be arrn;ng next year wuh some rather severe problems. That is where we are . at this point, he concluded. He recognized that CoWlcil 1s used to releasing bids and overseeing some construction tltings that arc gomg on m the commW11ty . and this is ortly going to compound thar work . he said . He allowed that ii will be qwte hecuc . Mr . Nisbet said he has been appoinled by the Board to be tl1c liaison with all lite construction \\Ork.. bond work . and work \\1th community agencies. He said he has already been in contacl witlt Director Black m tenns of how tl1e y \\111 coordinate recreation programs. and otlter depanmenrs in lite City t1iat can be helpful and need to be a\\arc of whal is going on as we work aroWld our various sites. He said he could. perhaps. come back on a somewhat regular basis 10 updare CoWlcil . Ciry Manager Scars asked who tl1e contracror will be. Mr. Nisbet said the contracrors have not been hi.red yet. He repealed thar lite managemenr team is Sverdrup CRSS. He said he should liavc mentioned tliat three architccrural !inns were hired. DLR Group. who will be handling the middle school projects . Also . Dulaney Architects, and, he interjected. Dan Dulaney lives in Englewood. and has quite a background. particularly. in elementary school development. and he will be doing our elementary schools. lltc third firm is H & L Archilecture. he said. Each of rhe three firms selccred to design the project has a different package . CRSS thought it would be helpful. he advised , to break our projects down into smaller packages. rather than SIO or S 11 million packages. down into S5 and S6 million packages. 1l1ey feel. with the amoWlt of building going on in Colorado. tl1cy will be able lo draw to us some construction firms that are of a size that they will be co1nfonable witlt the projects and in tWle with what is happening in the community. That is why tl1ey believe we can compress tllis down into a shoner time period and use smaller packages to get good bids and good conlractors. • ' ' I • 0 • Englewood City Council May 17, 1999 Pqel : ,-!,. ' • ~ -· • .. • -., " Mayor Bums commen1ed Iha! he went lo lhe fair again !his year at Chem:lyn. on Saturday. for their school He said he was lalking to Vickie Mohr. lhe principal. about whether the school population was going up. Ms . Moore said she wished it was going up. She said we see a lot more toddlers arowid than in the past few years. She added that. as they gel into lhe system. she wished we could keep !hem . Mayor Bums said Iha! is lhe age old problem of the housing. and !his has happened over and over in Englewood. As lhese families g,ow, !hey move out. and we really have a challenge with our Rehab Loan program and other things that are going to happen around !he Ci1yCen1er project. to improve the housing stock in the community. He said Ms. Moore felt lhal we stan them ouL but they don·1 end here. they don ·1 get to the high school. and !hat has been a long-standing problem. Mr. Nisbet agreed. He said ii has been like !he proverbial rat going through the snake. it Stans out a pretty big bulge. but as it works its way through lhe snake. ii stans getting smaller and smaUer. One of the trends we are seeing. he said, is Iha! !he redcvcloprncnl of Englewood is already starting 10 have an impact Unfonunatcly for us. ii is an impact in a little different direction. in that land prices in Englewood arc swting 10 go up. in anticipation of quality things happening in !his community. The young staner fantilies are having uouble getting in now. Mr. Nisbet said he believes that will level out and take care of nsclf in time. but he feels we will go through some difficult times in the near future with re gard to enrollment and the budget is being built on the basis of one hundred fewer st1Jden1s next fall . Mavor Bums said one other thing, which is a little bit off this subject . is that he ran into Charles Holmes last week and they were lalking about !he beautification project on South Broadway. He said he 1alkcd to him about Flood Middle School and that norlh pan up there. and asked him if there was an~ kmd of budgetary process for combining with the City and its work on Broadway to help beautify that com er a little more. Mr. Nisbet agreed that it is a little Slark . He said they have plans in the bond to replace that \"Cry slamed and broken and cracking concrete that holds up lhe basis of that fence around. what used to be. playground area and tennis courts. lllat will be replaced and should make it look somewhat better. he said. but maybe !here are other things we could take a look at mutually. he said. If tliat is a topic we should pursue together. he said he would be happy 10 lalk to City Manager Sears. Mayor Bums said An Scibelli would be happy to do that on our NBD staff. as he is doing some great work . He said he would put in another pitch for some grant money to redo the bridge O\"er Highway 285. because we have been !alking about that for a couple of years. Mayor Bums opined that it would be great ,f we could combine our efforts right !here at !hat location to beautify that area Mr. Nisbet said he would get a hold of Mr. Scibelli and begin some conversation about the possi bility that we might do something jointly there. Mayor Bums congratulated Mr. Nisbet on the project and !hanked him for coming. Mr. Nisbet said it will keep them pretty busy for the next year and a half. and invited Cowicil 10 call him with any questions they may have. 7 . Non-scheduled Visiton (a) James Coleman, 4320 South Pennsylvania Street. said he is a long time citizen of Englewood. He said he would like to place on the ballot of November. 1999. an amendment to reform the qualifications of City Council Members. In the Home Rule Charter. Section 23. it states ·'no person shall be eligible for the office of City Councilperson wiless. at the time of the election. the person is a citizen of the United Slates. at least twenty-five years of age. and shall have been for one year immediately preceding such election. a registered elector of the City." Mr. Coleman said he proposes to lower the age qualification to twenty-one. As the population of the City of Englewood grows. the average age of the citizens seems 10 drop. He said he feels ii is pertinent Iha! younger citizens are properly represented. and it is also important 10 give every capable candidate the opponunity 10 serve as a City Council Member of ,. . •, ..: ' ' ' . ' I • 0 • • -• Englewood City Council May 17, 1999 Page4 '!' .. , ..., .. • ,. --·· • • -.. Englewood. if so desired. He !hanked Cowicil for !heir consideration and offered 10 answe r any questions Cowicil might have . Mayor Bums thanked him and said Mr. Coleman· s request was well presented. He no1ed ii was an interesting question. Cowicil Member Bradshaw said the School Board allows eighteen year olds. Mr. Coleman said he discussed ways 10 have Ibis question pul on 1he ballot with C it) Clerk Ellis. and found that either Cowicil can approve it. or he would have 10 gel enough signatures 10 do so. He said he ho pes he can get a timely response. so that he can work on that if necessary . Ci1y Attorney Brotzman said that is true. and ii is just a question of when C owicil "ants 10 lake llia1 up Cowicil Member Bradshaw said she had no problem with iL and Council Member ~abholz agreed. Mayor Bums asked if they meant they did not have a problem doing it. Cowicil Members Na bhol z and Bmdshan responded that they did not. Mayor Bums said it would be interesting. He asked if the other Council Members had any ll1ougl11s on i1 Council Member Waggoner said it was a linle loo quick for him 10 decide . Counc il Member Grazuh s asked if it could be considered at a Study Session . M ayor Bums said he did not know whether we have any currenl population figures . We arc a lmost at th e time of a new census. he said. Mr. Coleman said he does not have any statistics. just general knowledge of people he grew up wllh . "ho have remained citizens. People he went to Englewood High School with sllll live in ll1e area. he said. and actually own homes and are raising their families at a young age here in Englewood. Mayor Bums asked Mr. Coleman how old he is . Mr. Coleman responded that he is currently twcnl) He said he is a college graduate of Dean College in Franklin. Massachusetts. he gradua1ed Phi Bela Kappa. which is the National Honor Society. He said he moved back here. had planned 10 go 10 Corne ll Uni\'ers11y in August. however. he was offered a great job with Wells Fargo as a banking offi ce r. and Ibey are offc nng to pay for the rest of his education at the University of Denver. Counc il Member Nabholz said ii would be good 10 look at ii quickly. beca us e it 1s a bi g job 10 get s ignatures. if that is the roule he has to go . Counc il Member Bradshaw asked wha l Ilic lime line would be. C ity Clerk Elli s re sponded that she would like to have the ballot question come al ll1e first meeting in Jwie. if we can. She said she has a schedule on that and could look at it again. Council Member Bradshaw asked if ii would be wilhin thal time. Ms. Ellis said yes. Ms. Ellis said she did a memo on that . which she could gel 10 Council. as far as the actual dales. She said she was thinking it was the first meeting in Jwie, that she was going 10 try 10 bring the Intergov cmmenlal Agreement with Arapahoe County at that time anyway. City Mariager Scars said we can provide population informalion on ll1e demographics of the City. He asked if there are any other items. Council Member Habenicht said she would like to know the ages in olher communities. Mr. Coleman said he is familiar with a community in New York where the mayor is nineteen years old. Mayor Bums again thanked Mr. Coleman for an e xcellenl presentation. Mayor Bums said their decision must be made by June 7th in order to gel it on tbe ballot. • . . , ' . I • 0 • ,. • • / Englewood City Council May 17, 1999 Page5 I• •,, .. • -· • • - 8. Communications. Proclamations ud Appointments .. ' (a) A letter from Barbara Fout indicating her resignation from the Englewood Code Enforcement Advisory Board was considered. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION OF BARBARA FOUT FROM THE ENGLEWOOD CODE ENFORCEMENT ADVISORY BOARD. Motion carried. Ayes : Council Members Nabholz. Bradshaw. HabertichL Waggoner. Grazulis. Bums Nays : None Absent: Council Member Gam:tt (b) A proclamation honoring the En glewood High School Seniors being rccogmzcd at the Sertior Awards Ceremony was considered. City Clerk Ellis read the proclamation in full . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING THE ENGLEWOOD HIGH SCHOOL SENIORS BEING RECOGNIZED AT THE SENIOR AWARDS CEREMONY. Motion carried. Ayes: Council Members Nabholz. Bradshaw. Habenicht Waggoner. Grazulis. Bums Nays : None Absent: Council Member Garrell 9 . Public Burin& No public hearing was scheduled before Council . MAYOR BURNS REMOVED AGENDA ITEMS 10 (a) (ii) AND JO (a) (iii) FROM THE CONSENT AGENDA. (a) Approval of Ordinances on First Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM JO (a) (i) ON FIRST READING. (i) COUNCIL BILL NO . JI , INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN BUCKLEY AIR NATIONAL GUARD AND THE CITY OF ENGLEWOOD FOR USE OF BUCKLEY'S FACILITIES BY rnE ENGLEWOOD DEPARTMENT OF SAFETY SERVICES . Vote reaalU: Ayes : Nays: Council Members Nabholz. Bradshaw. Haberticht, Waggoner. Grazulis, Bums None • . .. I • 0 • • Englewood City Council May 17, 1999 Page6 Absent : Motion carried. ,,. . • • - Council Member Garrett .. ... ' (ii) Director Simpson presented a recommendation from the Deparunent of Neighborhood and Business Development to adopt a bill for an ordinance amending TitJe 16 of the Englewood Municipal Code to include Parks. Recreation. and Open Space Zone District. Mr . Simpson asked that a Public Hearing be set for June 7, 1999 to recei\'e public testimony on the proposed ordinance. He said he understands that the Parks and Recreation Commission has submined a lcner requesting some changes and those issues can be considered al that time. COUNCil. BILL NO. 33. INrRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITT.E 16 . CHAPTER 8. AND CHAPTER 4 . WITH THE ADDmON OF A NEW SECTION 22. ENTJTI.ED ·'PARKS. RECREATION AAU OPEN SPACE DISTRICr.n TO THE ENGLEWOOD MUNICIPAL CODE 1985. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (ii) ON FIRST READING, AND TO SET A PUBLIC HEARING FOR JUNE 7, 1999 TO CONSIDER PUBLIC TESTIMONY ON THE PROPOSED ORDINANCE. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED. TO AMEND COUNCIL BILL NO. ll BY DELETING THE LAST SENTENCE IN §16-4-22 D. Council Member Waggoner explained that tJ1e sentence says tJ1e developmen1 re,ie" team shall submn a wrinen advisory repon and recommendalion to the Planning and Zoning Commission for re,,e" and recommendations after a public hearing. Council Member Bradshaw asked if that elimination is tJ1e Parks and Recreation recommendation. Mr . Waggoner answered affirmatively. Mayor Bums asked if we have already been through that. Director Simpson said ~ cs. tJ1e process for this ordinance was that staff took the original ordinance to tJ1e Planning Commission and got tJ1cir input. We prepared an ordinance. in draft fonn. took it to the Parks and Recreation Commission. received their inpuL and then proceeded through the official process wi1h the Planning Commission. in which they made some amendments to the draft and approved it in this fonn you see tonight. Mayor Bums said. if you have a development review team. as he understands iL normally in tJ1e zoning process. the development review team normally does repon. Mr. Simpson said that is correct. lllis issue. he feels. is that it mUSL even with that report. go back for a public hearing with the Planning Commission . Council Member Waggoner said it was felt by tJ1e Parks and Recreation Commission tJ1at it would add at least another three months to the time line and that tJ1ey felt it was totally unnecessary. Parks and Recreation is really the one that does most of the work on iL Mayor Bums asked if he was concerned about the public hearing itself. and whether he could just strike that instead of the whole sentence. Mr. Waggoner said tJ1ey wanted tJ1e whole sentence struck Director Simpson said the Parks and Recreation wanted the entire sentence stricken from this ordinance . Mayor Bums said it Slates that tJie development review team shall. on a case by case basis. consider impacts of the proposal. and so fonh. Then it says they shall tJ1en submit a written advisory report and recommendation. If they don't submit that. he asked. what is the result of their analysis? Director Simpson said. perhaps. a wrinen report could be prepared from that analysis and forwarded to both the Parks and Recreation Commission and to the Planning Commission . • I • 0 • • Englewood City Council May 17, 1999 Page7 .. . ... .. .. ~ .,.-- • • -.. Council Member Bradshaw said it is still going 10 add time . and thal was their concern. Council Member Waggoner said time in the sense of the hearing. . . ... Mayor Bums said he was just speaking generally the way that these zoning things do If you have development review teams. a review team is very common for a ciry . and tha1 means your dcparunen1 beads normally. Director Simpson said the way a private application comes in is simply that it comes in. ii 1s m i ewed by the development review team. which is composed of Public Works. Utilities. Planning. Buildin g. all of those groups . Each group checks and reviews all of the regulations of each indi vidual area 10 make sure tha1 things have been addressed. Mayor Bums said as long as they do thaL he is satisfied. Council Member Waggone r sai d 1ha1 1s lh c normal process anyway. Council Member Bradshaw said this is sa)i ng that that is the process. period. without anolher hearing. Mayor Bums said without another repon . Director Simpson said. with the elimination of the sentence, ii saves time in tha1 you don ·t have to go back through the Planning Commission for tha1 public review. A public hearing would require notification . legal notice and all that. Mayor Bums said he just wanted to be sure the lcam is able to do its work and is not cut off al some poin t Mr. Simpson said he appreciates that Council Member Bradshaw said she would accept that amendment. Vote raalb • tile -ndmeat: Ayes : Nays: Absent: Motion carried. Council Members Nabholz. Bradshaw. Habenicht. Waggoner. Grazulis. Bums None Council Member Garrett Ciry Attorney Brotzman pointed out that there is a lypographical error on page lhree. It should read ··Parks. Recreation and Open Space .. ralhcr lhan "'end Open Space ... Mayor Bums added that it is in the title of lh e paragraph . Vote resultl on setting the public bearing and approval of Council Bill No. JJ, as amended: Motion carried. Ayes : Council Members Nabholz, Bradshaw. Habenicht. Nays : Absent: Waggoner. Grazulis, Bums None Council Member Garrett (iii) A recommendation from the Department of Financial Services to adopt a bill for an ordinance extending the waste transfer surcharge waiver until December 31 . 200 I was considered . Council Member Waggoner said he had a clarification question . He noticed that Sheridan is part of lhc group that would have the advantage of having the surcharge lifted . He asked if there was a reciprocal agreement in their waste transfer ordiJwlce thal they have passed. Mayor Bums said he would kind of doubt it. If not. Mr. Waggoner said. then he was not sure Sheridan should not be a part of this one . ., ' ' • I • I • 0 • t • • Englewood City Council May 17, 1999 Pa,:e8 t, .. _. . • ... • • Council Member Bradshaw commented that she was thinking that too and she was glad he brought it up . But. she said. ma ybe we could be good neighbors and leave them in there. Council Member Grazulis noted it has to start somewhere . Council Member Waggoner said leave them in tl1erc:. but let them know that we left them in there . He thought that sounded like a good idea. Ms. Bradshaw said it needs to start somewhere. Council Member Habenicht thanked Council Member Waggoner for bringing that to their anention . COUNCll.. BILL NO . 34. INTRODUCED BY COUNCIL MEMBER WAGGONER A Bll..L FOR AN ORDINANCE AMENDING TffiE 4. CHAPTER 7. SECTION 11. OF THE ENGLEWOOD MUN!CIP AL CODE 1985. PERTAINI NG TO THE EXTI:N SION OF THE LIMITE D W AIYER OF THE WASTE TRANSFER SURCHARGE. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 10 (a) (iii) ON FIRST READING. Motion carried . Ayes : Council Members Nabhol z. Bradshaw. Habeni cht Waggoner. Grazulis. Bums Nays : None Absent : Council Member Garren {b) Approval of Ordinances on Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS to (b) (i) and (ii) ON SECOND READING. (i) ORDINANCE NO . 28. SERIES OF 1999 (COUNCIL BILL NO . 25 . INTRODUCED BY COUNCIL MEMBER WAGGONER ) AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD WASTEWATER ENTERPRISE . SOUTH ARAPAHOE SANITATION DISTRICT. ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS, SOUTHGATE SANITATION DISTRICT. AND WASTE MANAGEMENT OF COLORADO. INC. APPROVING THE EXTENSION OF WASTEWATER TRANSMISSION AGREEMENT . (ii) ORDINANCE NO . 29 . SERIES OF 1999 (COUNCIL BILL NO. 30 . INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AUTHORIZING A GRANT OF PERMANENT EASEMENT AND TEMPORARY CONSTRUCTION EASEMENT BETWEEN THE CITY OF ENGLEWOOD. COLORADO AND CENTENNIAL WATER AND SANIT A 110N DISTRICT. FOR THE PURPOSE OF CONSTRUCTION. MAINTENANCE AND OPERATION OF A PUMP STATION. V otc l'Clllltl: Ayes: Nays: Absent : Council Members Nabholz. Bradshaw. Habenicht.. Waggoner. Grazulis. Bums None Council Member Garrett • ' " .. I .. • 0 • • / Englewood City Council May 17, 1999 Page9 Motion carried. 1· (c) Resolutions and Motions .. • • -.. .... MAYOR BURNS REMOVED AGENDA ITEM 10 (c) (iii) FROM THE CONSENT AGENDA. COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i), (ii), and (iv). (i) RESOLUTION NO . 54. SERIES OF 1999 A RESOLUTION APPROVING AN INCREASE IN BENEFITS FOR THE RETIRED POLICE OFFICERS. (ii) OFFICE SUPPLY CONTRACT WITH CORPORA TE EXPRESS FOR 1999/2000. (iv) REMOVAL OF HANNS KNUPPERTZ FROM THE ENGLEWOOD URBAN RENEWAL AITTHORITY . Voce raults: Motion carried. Ayes : Nays : Abscnl : Council Members Nabholz. Bradshaw. HabenichL Waggoner. Grazulis. Bums None Council Member Garrell (iii) A recommendation from lhe Depanmcnt of Parks and Recreation lo appro\"e . b~ motion. a contract for lhc construction of Clay1on Athletic Fields was considered. Council Member Habenichl asked if Ibis includes lhe parking. Direclor Black responded lhal il docs Council Member Habenichl asked if ii addresses adequa1e parking for whal lhe space "111 be utilizing. Mr. Black said yes. pan of lhis will be increasing current south parl(ing lot. soulh of lhe building. adding spaces wilh lhaL We feel lhat parking will be sufficienL he said. Ms. Habenicht said it is her understanding that this field is just 10 be used for youth programs. Mr. Black said youth programs. which includes the high school girls' softball team . Mayor Bums said the contract provides for the completion of work si .~· days after notification of commencement of work . He asked if that is how long it would take. Director Black said yes. our plan is 10 start as soon as school is out. because of the noise . Within sixty days. lhe field should be completed. and possibly ready for play in lhe fall he said. Council Member Bradshaw said good. nice cooperation. Director Black said yes. it is a greal projecl. Mayor Bums saiJ ii was a good project. and he !hanked Direclor Black. COUNCll. MEMBER BRADSH.A W MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH RMT SPORTS TURF CONTRACTORS IN THE AMOUNT OF 571,250, FOR CONSTRUCTION Of CLAYTON A TBLETIC FIELDS. Ayes : Council Members Nabholz. Bradshaw, Habenicht, Waggoner, Grazulis. Bums Nays: None Absent: Council Member Garrett • .. • .. I • 0 .]- • • Englewood City Council May 17, 1999 Pa,:e 10 Motion carried. 11 . Regular Agenda l· .. t,:. . -~ • --• , .. • - (a) Approval of Ordinances on First Reading .. .. ~ .... lbere were no additional items submitted for approval on first reading. (See Agenda Item 10 • Consent Agenda.) (b) Approval of Ordinances on Second Reading lbere were no additional items submitted for approval on second reading. (See Agenda Item 10 -Consent Agenda.) (c) Resolutions and MOlions (i) Director Eaton presented a recommendation from the Human Resources Depanment to approve. by motion. the appointment of a hearing officer. Ms. Eaton advised that there has been a request from a member of the Safety Services Department for a hearing. Mayor Bums asked who Council appointed the last time . Council Member Waggoner said he did not remember. but asked if there weren 't five on the list before. City Attorney Brotzman said no. there were only three, and Council appointed Maclean and Aisenberg previously . COUNCll.. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPOINT RONALD J. COHEN AS HEARING OfflCER. Ayes: Council Members Nabholz. Bradshaw. HabenichL Waggoner. Grazulis. Bums Nays : None Absent: Council Member Garrett Motion carried. • •• * * Council Member Habenicht called for a point of order. She asked if Council had. indeed. passed (c ) (iv). Mayor Bums responded affinnatively . 12 . General Di1tuuion (a) Mayor's Choice (i) Mayor Burns said he had noticed quite a bit of graffiti on the north wall of the Masonic Lodge as he drove by it the other day. School fair. (ii) Mayor Bums said he had already mentioned his attendance at the Cherrelyn (iii) Mayor Bums advised that the Clean. Green and Proud Golf Tournament is coming up June 14"', and they want the reservations in pretty quickly. He reminded Council that we usually buy a couple offoursomes for that. Council Member Nabholz said Council had already approved two foursomes. and the request now is who is going to play? ~ . "' . °' .. -.: ., ... .. I • 0 - • • • ./' Englewood City Council May 17, 1999 Page 11 r-.,,, ·~ • .. • ... • -' Council Member Grazulis advised that she must pull her name from it . as she might be in Missouri that day. heading back for Council that night. Council Member Bradshaw said she could play. then. realized it was on a Monday. and said no . that is the first day of class. Council Member Nabholz said she just needs to know who is playing in tJ1e Council"s two foursomes. She said she knows of Couiocil Member Gam:tl herself. City Manager Sears. Mayor Bums. City Allomey Brotzman. and Director Simpson. although she was W1SUre whether Mr. Simpson was playing with tJ1em or under NBD's foursome. She said it is a great tournament and the mone)' goes for some wonderful projects. Mayor Bums said we arc playing on the Englewood course for the first time in a few years. Council Member Nabholz said the Commission members have worked very hard and gonen a large sponsorship from Craig Hospital. (iv) Mayor Bums said the South Metro Chamber of Commerce is having its annual luncheon. and we do a fair amount of schmoozing over there . George Stephanopoulos is the guest speaker. he said. and he felt they were getting quite a reaction 10 that. It is a little more e:1.-pcnsivc tJ1an normal . he said. at $40.00 without the book . If you pay SS0 .00. you gel his book. which is worth $2 0 .00. he said. so you get a deal. Mayor Bums said he wouldn ·1 mind going because a lot of people go there that we relate 10 and talk to about our projects. Council Member Habenicht said. in the pasl we have taken a table . City Manager Scars agreed. Ms. Habcnichl said she would like to go. Mayor Bums said he has a feeling there is going 10 be quite a crowd at this. He said it is on the 25., of May. a Tuesday, at 11 :30 am. at the Hyatt Regency in the Tech Center. City Manager Scars said he plans to go. also. Council Member Bradshaw said she will be out of town . Council Member Nabholz said she is not available to go. Mr. Scars suggested doing three for the luncheon. as it might be pretty expensive to do the table . He 5ald he would set that up for three. (v) Mayor Bums said. pursuant to the discussion during the Executive Session. we arc giving notice that we arc planning a conference call on Friday at 10 :00 a.m. with City Council. It is regarding a real estate matter. he advised. and will be an Executive Session. (vi) Mayor Bums asked if Englewood Downtown Development Authonty is going to do their conccn series this summer. Council Member Waggoner said yes . they just passed out the schedule at the last meeting. He said he did not get a chance to see it (b) Council Member's Choice (i) Council Member Nabholz: I . She said she had a call from a constituent and noticed in her mail box tonight that City Clerk Ellis has altcady staned working on ii. We have a constituent that wants to bring roosters back into Englewood. She thanked Ms. Ellis for what she is doing with il and said we will continue to work on it. 2. She advised that she received a FAX from Ron Gold requesting that our gun laws be as strict as Denver's . She said she would pass that along for tJie rest of Council to take a look at that . 3. She reminded everyone that the Historical Society's Boxcar Sale is June 17"' and 18 ... She said she knows that Friday we have a big function over at CityCcntcr. but the sale is from 9 :00 a .m . to 3 :00 p .m We spent about four hours there today pricing things. she said. Mayor Bums asked her to explain what a boxcar sale is. Ms . Nabholz said it is a garage sale for the Historical Society to help raise funds . Things .. •. • J I • 0 • • Eepewood City Counc:il May 17, 1999 Pa~ 12 • • - .. , . arc startmg to come in and it is looking good. It is going to be a lot of fun . she said. and ",II be held at tJ1e Depot Mayor Bums noted the Depot is looking better all the time. Council Member Nabholz agreed and. she said. bless Parks and Recreation as they have done a wonderful job. (ii) Council Member Bradshaw: I. She said she had some minor zoning infractions. whkh she passed along to City Manager Scars. 2. She advised Council Member Waggoner that the Non-emergency meeting \\Ould be a week from this Th~y to deal with the DROP Program. She said she wanted him to know that tJiat is mo,ing right along. Council Member Waggoner said very good. He asked if it will still be efTecth e Jam1al)· I . M s Bradshaw said yes. it will go back. She added tJiat tJ1e Board liad been liaving a hard time gctUng together. 3. She asked if the Council Members had read tJ1e Library Board minutes. She said she got confused on the space for the Englewood Historical Society . She said she tJ1ougl11 Council said tJ1erc "ould a h,ays be space for the Englewood Historical Society in tJ1e Library. Council Member Grazulis said the space is divided up bemcen tJ1e Friends of the L1bra1'. "ho had no space. and the Englewood Historical Society. Council Member Nabholz said the minutes said it \\Ould be temporary for tJ1c Hist o n cal Society Ms Grazulis said, looking at the plans. it is divided in half. Council Member Habenicht said she accompanied tJ1e Cultural Arts Commission 10 a L1bra1'· Board meeting, when the Book Arts League. and other groups. talked about looking for space m the L1bra1'. One of the things that came up. she said. was that there was a real concern over the space that "e had designated for the Historical Society to have office space in the Libr.l1'' itself. in the board room area. It liad never been communicated to the Council was that the Friends of the Libral)' group was plarmmg to do major programming kinds of things along with that space. There was a real sense. as the L1bra1' Board was talking about ii. especially the most newly appointed Library Board member. that they "ere very concerned about giving space to one group and not the other. Especially. she said. when the one group is out tJ1erc building resources for the Library. and can ·t have any space there. and another group tJiat is a non-profit group. not contributing to that would have space. Council Member Bradshaw said Council directed Mr . Long to find space for both. and he didn ·1. Mayor Bums and Ms. Habenicht said he did. Ms. Bradshaw said no. he put tJ1em both in tJ1e same place. and tliat is not what we asked him to do. Council Member Nabholz agreed. Ms. Habenicht said tJ1ere was another meeting the next day. where she spoke with someone from the Historical Society. and asked if they were. indeed. looking at having that space all the time. or 1f tJ1ey were looking at putting office space in the Depot. 1l1ey said they were looking at putting office space. and tJtis was Les Jenkins that I talked with. he said tJ1ey were really. primarily. concerned about their storage space. She said she asked Director Long about tJ1e storage space. and he said. no . as far as he was concerned. the storage space was always being provided. but not by the Library. but in that extra storage space was where it was being contained. Council Member Bradshaw said he is playing a shell game. because this Council directed him to find 700 square feet for tJ1e Historical Society in the Library. Council Member Habenicht explained that she was invited to auend the Historical Society meeting. by Les Jenkins. We talked about the concern that was expressed by the Library Board members. she said. and the Friends of the Library said they did not go and lobby tJ1e Council and the Historical Society did. It was • I • 0 • • • ··------------------------------------------------ Englewood City Council May 17, 1999 Page 13 • • • .. .. .. starting to become a debate. an issue. where it did not need to be . As the people started to lalk, and the people lalked with Director Long and with the Historical Society, and with the Library Board. there seemed to be a recognition that space can be accommodated as space becomes more available. ln terms of the Historical Society or even the Skerritt House. as all of these things become available. we can look at providing appropriate space for all of these groups in the right place. Another thing that came out of tltis was the fact that the Historical Society was interested in renting out the basement of the Depot. As "e started to discuss this, it came out that they had 2.300 square feet in the basement of the Depot. lltis Book Arts League and all of the programs thal they had. their five groups. the Calligraphers· Sociel)·. the Lener Press Society. and all that. they need 1600 square feet . 1bc Historical Society. for their office space. and wanting to go through their collection and getting their collection ready. it would be much better for them on-site anyway, would be the rest of that spaa:. So wc have a meeting coming up this Wednesday. which will pull together representatives from the Library Board. the Historical Society. from the Friends of the Library, from the Cultural Ans Commission and from the Book Ans League, to talk about how tltis space can be accommodated for everybody so that evel)'body is in a win-win situation. Council Member Bradshaw said the minutes cenainly did not state that. and that is where she got confused. Council Member Nabholz said she thinks this meeting is Jong overdue. because it is almost an us-against- them mentality . Council Member Grazulis said it was becoming a very heated discussion . She said she did auend the last Library meeting, which was on the 11th. and there were some new reflections for some space for the Friends of the Library plus the Historical Society. which will be presented. Council Member Bradshaw said okay, because that is basically what this Council had directed Director Long to do at the beginning, and then it would disappear off of one of Tryba · s things and now it is back . Mayor Bums said he thinks it kind of came back in. but he felt that the problem was being solved in tl1e best way, which is by working with each other. 4. Council Member Bradshaw spoke of the graffiti on the old Norwest site on Hampden, by the Rehab Hospital run by Swedish. She said those blue poles where the sign used to be. are constantly being painted. City Manager Sears asked if this was next to the garden center. Ms. Bradshaw said no. it is where the drive-in bank was. Council Member Nabholz said tl1e sports medicine center. Ms. Bradshaw said yes. Mayor Bums asked if something was happening at the old garden center. He said he saw some street work being done . Mr. Sears said he thinks they sold that parcel off. as he understands iL from Swedish. but he is not sure what kind of use is going up there. He said he knows. from talking to Swedish officials. that they were having that go for sale. Mayor Bums said he would be interested in kno"ing what is going on over there . 5. Council Member Bradshaw said she would like to thank our staff for working so well ~ and Associates. ~ City Manager Sears said it was a great idea, and we have met wit11 t11em and hopefully they will connect. They certainly are a sizeable firm that would be an asset. he said. 6 . She suggested that. at a later date. Council needs to review some of the contracts with our consultants that wc have hired, in Executive Session under personnel matter. She said at the earliest possible date wc probably need to take a look at that. (iii) Council Member Grazulis: • .. .. .. I • 0 • • "5-[ • Engle,,·ood City Council May 17, 1999 Page 14 I • ,. .. • --. • ... • -.. I . She asked when the next submissions to fill commission vacancies would occur. Council Member Nabholz said June. Council Member Gra7..ulis said. besides Code Enforcement we arc going to be having an upcoming vacancy in the Library. 2. She said she a11ended a computer class this last week by the City . She said she did not reali ze the~ existed until they came out to fix her computer and it was actually just unplugged. She said she found that she was not hooked up to e-lll3ll wnhm the City. so she had no idea that all these e-mails come in every day . Council Member Bradsliaw asked Cowic1I if they have e-mail directories witJ1 their computers. She said she does not have one. Cowici l Member Habenicht said she has not been able to get into the City e-mail. they fixed it and then II did not work . Cowicil Member Grazulis said she lias one and the directo~ comes on the scn:en. City Manager S= said then we have not really followed up. Ms. Habenicht said it was her fault beca use she did not follow-up the follow-up It was supposed to be working and it wasn ·1. Mayor Bums said he !Junks tJ1e menu has a list Ms. Bradshaw said yes. if)OU have an IBM . It's not o n the software for Mac City Manager S= sa1d we w1II do some follow-up and send a note out . (iv) Council Member Waggoner said he had a call from Richard Edsall at "2 95 SoutJt Franklin. Cowic1I Member Bradshaw said she did also. Mr. Waggoner gave Mr. Edsall's phone number to City Manager Sears. He said he lias talked to Assistant Cluef Moore. and he has talked to ancy Wilson . Mr. Waggoner said he guessed tJ~ have g1, en him a bunch of violation nouces. and he says we are harassing him and spending mo~ foolishly by ha,1ng them out there all tJ1e time. and it is unnecessary enforcement. If we keep it up. he 1s gomg to de-Bruce the de-Brucing. since we ha,·e already spent so much money . He said he cuts grass for someone somewhere else. and we made her take her rhubarb plants. that were by the fence. out of the alley Council Member Bradshaw encouraged Mr Waggoner to go b) the Edsall propcn) on Franklin and Flo~d . Director Olson asked 1f he could respond to tJ~11 He said he ga, e Mr Edsall a call tonight already. We liavc dealt witJ1 him before. he advised . and he has come before the Code Enforcement Advisor)' Board to plead his case. He said he !Junks they heard 111111 and said tJiank ) cu He ltas also been before tJ1e Judge for issues he has had before. so we declared him a nuisance last )ear. He said he agrees w~th Council Member Bradshaw. He said he drove by there tonight and it is pren) apparent why they are over there consistently. His property is not compatible at all with the otJ1cr propcnies III tJiat area. he advised . Mr. Olson said he told Mr. Edsall that he would look at the issues. but promised him nothing. He told him he had to look at both sides of what was going on over there. and maybe we could "ork on something. Mr. Edsall was complaining that a fence builder said "oh my God. Engle"ood··. because he wants to put a fence i1L so he automatically assumed he could not put in a fence to hide all this stuff. Even with tJ1e fence . he is still responsible for what is inside the fence . Mr. Olson stated He said he is dealing with him. but he ltas a history with us. Mr. Edsall has concerns. and we "ill deal "itJi tJ1cm as much as we ca1L but the reality is the problems you will see as you drive by there are not compatible "ith our ordinances. Mr. Olson said he would let Council know in a follow-up what is going on. (v) Council Member Habenicht : I. She said she finally has her repon from NLC tJiat she would like to share with Council. • • .. I • 0 • -• Englewood City Council May 17, 1999 Page 15 1• ... .. • ,... . • • -.. 2 . She said she had a call today from a citizen who was concerned about the DRCOG meeting coming up and some of the concerns about lhe transit versus the highway . She shared that. unless Council would direct her to do otherwise. she would strongly suppon the actions DRCOG has taken in the past. Which indicates that. while we arc not opposed to any highway construction that. prior 10 budgetary concerns, might have been developed and giving money back. that we have been committed 10 the transit Ms. Habenicht said she would be voting in that direction. She said she feels it follows through with our commitment to the other municipalities that we have worked wi th as we worked toward the development of the Southwest Corridor. Unless there is any objection. she said. that is the way I \\i ll proceed. Mayor Bums advised that lhe paper said DRCOG is being asked to vote on the increase m funding for the highway lanes. He said he talked to the director of the Colorado Association of Transit Agencies abou t Senate Bill 40 and House Bill 1382 . where Tom Nonon of COOT wanted 10 be able 10 go around RTD and get direct federal funding . Mayor Bums said. as he understands. they did not qwtc 1hmk 1ha1 through . TI1c transit agencies in all different parts of the state are designated by the Governor to rccCI\ c funds for 1he1r area. The reason why lhey did that. and I discussed this wi tl1 Cal Marsella this mornin g. he S31d . is so we have one proposal from each municipalit~·. not tlirec or four . So \\hen they purponcd to go around RTD m the Southeast Corridor they affected every other transit agency in tl1c State. he said. and have now managed to alienate all of them. Some of these arc just pure power plays. he opmed. "h1ch. as you may have seen in the paper last week. the Federal Transit Administration came out and sai d last "eek not to do tliat. We have plenty of money back here that otl1cr people can take. but ~ ou arc gomg to have to work together and cooperate. So that is a real problem. he said. as there is a cenam amount of po" e r struggle going on t!L1t is not constructive for the Southeast Corridor or even tlic Metro Area. He said the !\.1etro Mayors arc going to try to meet with Tom Nonon and with the Governor in the next few weeks and talk to them about it too. The Mayors came out very strongly opposed to that and Rm did not see it commg. TI1ey did not know that that was going to be dropped on tl1em . he said. II JUSI created a lot of rescnune nt and co ntroversy tliat was not necessary, he assencd. But it has affected all the other transn agencies in the state. Council Member Habenicht said she just felt she should let Council know" here we \\ere and where she intends to go with that. Mayor Bums said he appreciates tlL11. 3 . She said there is graffiti. also. at what used 10 be Front Range Pl ating o n Navajo. II is vacant ri ght now. she thought. but we really need to look at tliat. Ms. Habenicht ad,ised they have taken the riame off. Mayor Bums said it is just north of Tufts on the east side. He suggested that C1~ Manager Sears check to see what is happening with that propeny. 4 . She said the Englewood Postmaster was concerned about some concrete work on Broa dway and Lehigh. She said she would call City Manager Sears witl1 his 1131ne . 5. She said she has had SC\'Cral people approach her about our gun la\\S in Englewood. and tlial tl1e y arc not compatible with the gun laws in Denve r . TI1ey are really concerned about the fact tl1a1 we allow the sale of handguns and assault weapons and tl1ey do not in Denver. She said there is some real concern that that is sending the wrong message. especially in light of the youth and having guns. She said she echoes what Council Member Nabholz said and would like lo see us look into that and see where we are compatible and where we are not and what we need to be doing so that we are sending tl1e right message with our ordinances. Mayor Bums said he thinks the gun bills in the Legislature would have trumped that. City Attorney Brotzman agreed. Mayor Bums said they will be back next year. Ms. Habenicht said if there is anything we need to do about that. we need to be responsive. 6 . She asked if Council decided about going to CML Conference. She said she was intending to go . City Mariager Sears said we have not filled an)1hing out on that yet. but we have the brochures . • .. .. I • 0 • • • ,· En~ood Cir~· Council May 17, 1999 ··~16 ,. -... .. ---· • • -' Ms . Habenicht said she would like to go, and recalled that Council Member Nabholz wanted to go . as well as Mayor Bums. COW1Cil Member Grazulis and City Manager Sears. Council Member Bradshaw said that she and Council Member Garrett would be making their presentation to go to Africa on housing. (Note : This comment was made tongue-in-cheek . I *. * •• Council Member Grazulis said tomorrow . she 1"-ill be attending the reception regarding the A VS EHA Partnership Home . Mayor Bums said what a house they built over there . Ms. Grazulis said she has gone by and did not reali ze that was the one it was. but she is impn:ssed . Council Member Nabholz said thank you to Ron Miller and Carol Wilber . They did a presentation Thursday night on the Skerrin House for the Historical Society . It was excellent. she said and ve~ "ell attended . She said she was so proud of them . She had been in hopes of working with them. but dropped the ball and the two of them did an absolutely outstanding job . Ms . Nabholz said they had fun . and Mr Miller has done such extensive work on this . We are really blessed to have those two . she said . *. * •• Mayor Bums said he wanted the mention that. at the same time. he was earning his pay at a six hour Firefighters' Pension Board hearing regarding the application of a retired volunteer firefighter for a pension. and WC are not tluough yet. Council Member Habenicht said she has not heard this for a long time . but there have been a number of groups within the community. some of our service clubs. that would like to have some son of a welcome to Englewood. like you have in small towns . Something attractive . and one of the things we keep hearing is that we have this wonderful small town atmosphere . and that is just one of those things that could maybe help state that more clearly . Mayor Bums suggested that An Scibelli would be a good person to talk . City Man:iger Sears said there are a couple of places on Hampden and Broadway where that type of sign could be placed. We will investigate that, he said . 13 . City Mana~r·s Report (a) City Manager Sears said that Council Member Nabholz was being too modest . She did a good job the other night. too. There were a lot of people here, he said. adding that he was surprised t11e whole room was filled up . Mayor Burns said if it wasn't for Council Member Nabholz. we probably would not be buying the house , either. (b). City Manager Sears said he would like to thank Council he had a great time with his son. and it was a good opportunity that he would not change for the world. as he moved to more young adult times . It was a great time to be off . • " .. • J I • 0 - • • E.agtewood City Council May 17, 1999 Page 17 •--.. : .. • .. (c) City Manager Scars advised thal we arc having some concerns ~ith Arapahoe House. They an: changing things and we arc working with them because of weekend types of issues. We have some public meetings coming up and they suggesled having a Council liaison. He said that AssiS1ant City Manager Flaherty will be the liaison out of the City Manager" s office. Mr. Sears said he spoke with Council Member Garren about this. because he was a former member of the Board. although he cum:ntly is oot a member. Mr. Garren said 1h11 he would be willing to be the liaison if Council suggested thal but he also felt that. because of his background. if there was a feeling that he should nol that would be fine. too . Mayor Bums and members of Council expressed approval of Mr. Garrett 's appointment to the liaison position. (d) City Manager Scars said he attended a CML policy meeting last week and it was very informative. He said he has the policy Slatemcnt coming to Council. we an: copying that off. It is the normal annual policy Slalemcnt. but this year in panicular the Legislature was difficult. Actually. he said. Ibey went into a discussion about what was ~rong in terms of working with the local state representatives and senators. II appears. for the most part. their feeling was thal the senators and representatives arc talking to the citizens. Ibey an: really DOI talking to the local elected people. They are going to try to make some effort to sec, Slatewide. how to plug back local elected and the representatives. 111is is something that we might want to think about here, he said. The real focus was on local control and having the local entity make the decisions that you feel is best for your community. and not having that second guessed at the State Legislature, as much as it was this lasl year. Mr. Sears said he would give Council the policy Slatemcnts. because it really docs reflect the Colorado Municipal League's viewpoint on issues such as gun control, growth. urban n:newaJ and all those other things. He said he knows this will be a pretty big topic up at the CML Conference this SU1M1Cr. Mayor Bums said. when he attended the session they had for mayors several weeks ago. Sam Man1e1 said in twenty years he has never bad a tougher time with the Legislature trying to represent municipalities. He said there was very little respect paid to municipaliues by a lot of the Legislature. 14. City Attoney'1 R.epor1 City Attorney Brotzman did DOI h;o~ any matters to bring before Council. IS. Adjourameat RNS MOVED TO ADJOURN . The meeting adjourned at 8 :46 p .m . ·', • . , J' ) I • 0 32X - -. • • • • • -.. PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS JUNE 7, 1999 .. ., NON-8CHEDULID 'Vlll1GIII MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC CCS1GN1 ' . '• .. . . ) I . 0 • • • __ ... _ ... Mayor Thomas J. Bums l . ; . ' Members of the Englewood City Council 3400 South Elati Street Englewood , Colorado 80110 Dear Mayor Bums and Members of Council : • • • 8 a 2848 South Washington Street Englewood , Colorado 80110 May 19 , 1999 I will be moving out of the City of Englewood in early June . Therefore , I am submitt ing my resignation from the City Planning and Zoning Commission effective June 1, 1999 . I appreciate having been given the opportunity to serve on a Commiss ion that is so important to the community of Englewood . The Planning and Zoning Commiss ion has a great deal of work ahead during the course of the CityCenter redevelopment. the South Broadway improvement effort, and general improvement of our residential neighborhoods . I am confident that the Commission will continue to weigh all issues very carefully , and provide City Council with well thought-out recommendations . Aga in , thank you for the opportunity to serve the community . Sincere ly , .. ) I· 0 32X • • PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORADO ss COUNTY OF ARAPAHOE I, Thomas E. Spargur. do solemnly swear that I am the Publisher of the Englewood Herald and that the same is a weekly ,-spa- per published in the city of Littleton in the County of Arapahoe , State of Colorado, and has a general circulation therein; that said newspaper has been published continuously and uninterrupt- edly in said County of Arapahoe for a period of more than 52 -ks prior to the first publication of the annexed notice; that said newspaper is entered in the Post Office of Llttleton, Colorado, as Second Class Mail matter and that the said newspaper is a newspaper within the meaning of the act of the General A~mbly of the State of Colorado, approved March 30, 1923, and entitled "Legal NotlcH and Advertlaementa" and other acts relat- ing to the printing and publishing of legal notices and was published in the regular and entire issues of said newspaper. once each week, on the same day of each week, for a period of ~consecutive insertions and that the first publication of said notice was in :::rnf said n-spaper dated -LL/t'1f c2=} 1999 The last publication of said notice was in the issue of said n-spaper dated Subscribed and swom to before~ me, a Notary Public, thitd day Notary Publi c • .. • • • ... NOllCE 0, P\aJC HUMtG __ ....., ___ .. Clly c...a.,, .. ae,.,,.....-, c.i....--·--.. ......... Clly~ ...... ., JUNE T, , ... • T:• p.111. ..... Clly~~-........,.c:a,-.-Soulll- ..... la-AN OlllleUoNCE .---irn.e, .. -.. ANDCIW'Tlll4. Willi THE ~ 0, ·-aec:TIOll 22. INfflUD "l'AMI, IIICIIEATION AND 0Pa •ACE mTIIICT," TO TNI ENGUWOOO IIUMCIPAL coae.,-. (COUNCIi. ILL NO. llll --...---........ ,._ ... ...-................. - ~ .. Clly a.II ~ ·-......... JUNE T, ,._ "'---. la ........ --.._call .. ca, a.ti'• Olllce, JD.1U--............... -........ ...... -..... -... -· .,_,,, .. ~Clly c-1. ~A.Ellis. CIIICIAAE c-.a.... CllyOlli&....-_....., __ ~--110 -...... '--·- ... • . ' . I • 0 • • • • ~ -• l, ~I I • .. . . • -.. ... ,., JUNE 7, 1999 AGENDA ITEM NO. ta ... ~ PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT REGARDING: ... 1ME CRU'IION OF A PARKS AND 118CREA1ION OPEN SPACE ZONE \ .... IIICT NAME ADDRESS ~ ., ,.; .. ... .._ I· •• • .. II> ,... . • . , ,• '· • -... COUNCIL COMMUNICATION Date Agenda Item Subject Case OR-99-01 Comprehensive Zoning Ordinance Amendment - June 7 , 1999 9a PROS (Parks , Recreation and Open Space Zone District) Initiated By Neighborhood and Business Development I Staff Source Tricia Langon. Planner COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council considered the proposed enactment of the PROS Parks , Recreation and Open Space Zone District of the Englewood Comprehensive Zoning Ordinance on first reading on May 17 , 1999. At that time the proposed Ordinance was amended to remove the requirement for a public hea ri ng before the Planning and Zoning Commission . Council set the public hearing for the amended Ord inance for June 7, 1999. RECOMMENDED ACTION Staff recommends that Council consider testimony during the Public Hearing on the proposed enactment of the PROS Parks, Recreation and Open Space Zone District as Section 18 of Chapter 4 of the Comprehensive Zoning Ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED City Council directed the Office of Neighborhood and Business Development to draft a Parks , Recreation and Open Space zone district ordinance as part of the Comprehensive Zon ing Ordinance of the Englewood Municipal Code. The Planning and Zoning Commission and Englewood Parks and Recreation Commission reviewed an initial draft in January 1999. The Parks and Recreation Commission again reviewed the ordinance on April 8, 1999 , and moved to recommend that City Council approve enactment of the proposal (See Attachment C). The recommendation did not require a public hearing before the Planning and Zoning Commission . The Planning and Zoning Commission held a Public Hearing on April 20, 1999, to consider enactment of PROS : Parks , Recreation and Open Space Zone District to the Englewood Comprehensive Zoning Ordinance. The Planning Commission recommended a public hearing of future park development before the Planning and Zoning Commission be included in the proposed ordinance within Subsection D, Development Standards and Site Plan. The Planning Commission further recommended modification of the definition of Development Review Team to comply with the City Attorney's request. The proposal was forwarded to South Suburban Park and Recreation District for review and comment. David Lorenz, Executive Director, provided no written comment to the proposed Ordinance . .. ( ) I • 0 - • t • .. -• .. • -.. •• ... The proposed Ordinance adds Section 18: PROS Parks, Recreation and Open Space District as a new zone district to Chapter 4 of Title 16: Zoning Regulations . It establishes the District within the Comprehensive Zoning Ordinance. The new zone district is intended to reinforce Englewood's existing park system . New park development should reflect the community, based upon an inclusive design process. Parks are lands permanently established and designated by Ordinance . Public open space is land that has not been formally designated by ordinance and can include greenbelts, and lands used for active recreation or set aside for habitat conservation . The administration of park and recreation sites and facilities remains a function of Parks and Recreation Department. The proposal also amends 16-8-1 : Definitions (See Attachment A). The proposed Ordinance requires rezoning of existing park, recreation and open space sites, and a new Official Zoning Map. After the effective date of the Ordinance , staff will begin the rezoning process. The rezoning of existing park, recreation and open space areas must comply with requirements and procedures found in Chapter 3, Initial Zoning of Property, Rezoning, Changes and Amendments Procedures, of Title 16, Zoning Regulations. The anticipated rezoning process completion date would be approximately six to nine months after the effective date of the Ordinance. FINANCIAL IMPACT There are no financial impacts of enacting the PROS District ordinance as part of the Englewood Municipal Code . However, the rezoning of existing park, recreation and open space sites to the District will require legal descriptions and surveys of the approximate twenty (20) sites proposed for rezoning . Parks and Recreation and Neighborhood and Business Development are preparing an inventory of necessary documents. In some cases new legal descriptions may be needed, as some sites have been created over the years from multiple parcel aggregation . UST OF ATTACHMENTS Proposed Bill for Ordinance Staff Report Findings of Fact Attachment A : Proposed Amendments to 16-8-1 : Definitions Attachment B : Proposed Sites for PROS Rezoning Attachment C : Memo -Parks and Recreation Commission • ,. • . , I • 0 32X • • • TO: THRL': FROM: DATE: SLlUECT: REOL"EST: .. • • -' Engle wood Planning and Zoning Commission Robert Simpson. Director . Neighborhood and Business De velop ment Tricia Langon, Planner April 15 , 1999 Planning and Zoning Commission Date : April 20, 1999 Case #OR 99-01 PROS : Parks , Recreation and Open Space Zone district Ordinance Staff requests that the Planning and Zoning Commiss io n review . take pub lic te stimo ny. and provide comment on the proposed enacrment of a new zone district. PROS P:ir ks . Re creation and Open Sp ace as Section 18 o f the Comprehensi ve Zoning Ordinance . RECOl\-lME~l>ATION: Staff recommends that Planning and Z oning Commis sio n rec omme:1d to C ity C ounc il to approve the PROS Parks. Re creation and Open Space Z one D isrric, as T itle 16 . Chapter -k Section 18 of the Comprehensive Zo ning Ordinance of the Engle wood \-lunic ipal Code . PRE'VlOt:S PLA.',1'11NG A.'"111> ZON~G COMMISSION ACTIO'.\": Planning and Zoning Commission re viewed a draft of the proposed Parks. Re ~e :.u:on and Ope:1 Space District at a study sess ion on January 5, 1999. BACKGROl~l> AND A.'IJ AL YSIS: Ci ty Co uncil directed the Office of Neighb orh ood and Busin ess De"e !o pmen to draft a Parks . Recreati on and Open Space zone district ordinance as pan of T itl e 16 of the Eng lewood Munic ipal Code . The new zone distric t is intended to re info rc e Eng!e wood·s existing park system . New park development should reflect the community. base d up on an incl usi ve design proces s. Park s are lands permanently established and de si gnate d by Ordinance . Public open space is land that has not been formally designated by ordinance and can incl ude greenbelts. and lands used for active recreation or set aside for habitat conservatio n. In preparing this proposal. Neighborhood and Business Development staff worked closely with the Parks and Recreation Department and other City departments including: Safety Services , Utilities , Public Works and the City Attorney . An early draft was re viewed by City Council and the Englew ood Parks and Recreation Commission in January. 1999 . Both groups agreed with the Planning and Zoning Commission·s recommendation that educational institutions, and public bui ldings and facilities not be Permitted Principal Uses in the district. The Parks and Recreation Commission again reviewed the ordinance on April 8 , 1999 , and moved to I • 0 • • .. • .,,... .. • ., • -' ' recommend chat City Council approve enactment of the proposal. as wrinen (See Anachmem C ). The proposal was forwarded to South Suburban P:irk and Recre:ition District for re view and comment . David Lorenz , Executive Director , bad no comme:u at this time . Notice of Public Hearing appeared in the Englewood Herald on April 9. 1999 . ORDINANCE PROPOSAL: The proposed Ordinance adds Section 18: PROS P::irks. Recre:ition and Open Space District :is :i new zone district to Chapter 4 of Title 16 : Zoning Regulations . It establishes the District '"°ithin the Code. requires rezoning of existing park. recre:ition and open space sites. and requires :i. new Official Zoning Map. The proposal also amends 16-8-1 : Definitions by re;,l:i.c ing the ex is t ing definition of Park with Park. Public: amending Recre:i.tion Fac iliry. Public: and adding definitions for Open Space. Public. and Development Review Te::irn (See .-\n:i.chment .-\). This proposal establishes the zone district within the '.'vlunicipal Cod e . >O new p:irk . re c~e:i.ti o n or open space are:is are cre:i.ted by this ordinance. The adm ini str:it ion of par: :i.nd rec~e:i.t io n si te s and facilities \\ill re:nain a function of P:i.rks and Recre:it io n Depar:me:it. Staff will. upon ordinance approval. begin the proc ess to rezon e n ,eni:--rwo c:1 desi::n:ited parks . recre:ition and ope:1 space sites to PROS district. (See .-\n:ic:-JTie::t B ). The re zoning of these existing sites and the zoning of new park. recre:i.t ion and op e:i spa e :i.reis shall comply ,,ith requirements and procedures found in Chapter 3. Initial Zoning oi P~o pe:-ry. Rezoning. Changes :ind Amendments Procedures. of Title 16. Zoning Regu lations . The antic1patd rezoning process completion date is approximately six to nine months after the e ffec:i ,·e d:i.te of this Ordinance. The rezoning process does not include tr:iils. bike paths. the C ity Dit :1. pri,·at e open space are:is required by other zoning districts. City maim:i.ined sites such as interchanges . medians. municipal facilities. and Englewood School District fac:lities to the PROS Dis trict. Sl""i'Vc:\U.RY: The Parks. Recre:ition and Open Space District reflec:s changes in Englewood· s urban de velopment. A zoning designation for existing and furure parks. recre:i.t io n facilities. and open space areJ.S in the City of Englewood ensures the following : • Definition and identific:ition of park. recreational. open space land in an official c:ipacity. • Protection ofleisure :ind recre:ition opporrunities to meet the needs of the community . • Conservation and preservation of the natural environment. and • Preservation of an anractive, livable city . ATTACHMENTS: 16-4-18 : PROS : Parks, Re cre:itio n and Open Space District Attachment A : Proposed ,\mendments to 16-8-1 : Definitions Attachment B: Open Space Inventory Anachment C: P:irks and Recreation Commission "' ... ' ' I • 0 - • • 1• •• .•. • • • •• .. ... CITY OF ENGLEWOOD PLANl'l,jlNG AND ZONING COMl\USSION IN THE :\'I.A TIER OF CASE #OR-99-01 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO A PROPOSED NEW ZONE DISTR.ICT ) §16-4-18, PARKS, RECREATION A.llffi OPEN) SPACE (PROS), AND AME.,.'il)MENT OF ) §16-8-1, DEFll'ilTIONS ) INITIATED BY: THE CITY OF L~GLEWOOD ) ) ) ) ) fl?ljl)INGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING A. 'ID ZONING CO!\-IMISSION Commission Members Present : Douglas . Lathram. Rininger . Stockwell. Weber, Willi s . Welker Commission Members Absent: Dummer. Hayduk This matter was heard before the City Planning and Zoning Commission on April 20, 1999 . in the City Council Chambers of the Englewood City Hall. Testimony was received from staff. The Commission received notice of Public Hearing. and the Scaff Report, which were incorporated into and made a part of the record o f the Public Hearing . No public was present co testify on this issue. After considering the stacemencs of the witnesses , and reviewing the pertinent documents. the members of the City Planning and Zoning Commission made the following Findings and Con- clusions . 1. 2 . FINDINGS OF FACT THAT the proposed amendment to the Comprehensive Zoning Ordinance, development of a special zone district for parks, recreation. and open space, was undertaken at the directive of Englewood City Council. THAT Notice of Public Hearing was published in the Englewood Herald on April 9, 1999 . ., • • I 0 ) I . 0 2 • • -• .. • / , . • - 3. THAT staff has developed a proposed Parks, Recreation and Open Space (PROS) Or- dinance after discussions with the Planning & Zoning Commission. the City Council, Parks & Recreation staff. and the Parks & Recreation Commission . 4 . THAT Staff cited a change on Attachment A, amendments to §16-8-1 , Definitions, De- velopment Review Team . which change was requested by the Cicy Attorney's Office. 5. THAT Commissioners expressed concern that the proposed PROS Ordinance does not contain ~development standards or criteria-, nor is there any provision for public input via the public hearing process . Members of the Commission amended the proposed PROS ordinance to require a written advisory repon and recommendation from the De- velopment Review Team for approval by the Commission at P..iblic Hearing for any de- velopment, redevelopment, or expansion of a park. recreation facility. or open space . CONCLl"SIONS l. THAT proper notice of the Public Hearing was given in the En!?lew ood Herald on April 9 , 1999 . 2 . THAT the proposed PROS Ordinance . as amended. will provide specific designation o f all parks, recreation, and open space areas . as well as provide fo r protection of rhe gen- eral public through the Public Hearing process . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the pro- posed PROS Ordinance. as amended. be recommended CJ City Council for approval. The decision was reached upon a vote on a morion made at the meeting of the City Planning and Zoning Commission on April 20 , 1999 , by Weber. seconded by Douglas. which motion states : Weber moved: Douglas seconded : The Planning Commission recommend to City Council approval of the PROS Ordinance, as modified in Section 16-8-1. Definitions , to comply with the City Attorney·s request ; and that wording in Section 16-4-18D be amended to read: Development Standards and Site Plan . Prior to the development. redevelopment, or expansion of any permitted principal use within the Parks , Recreation and Open Space District. a site plan and development standards appropriate for the proposed use shall be submit- ted to the City for review by the Development Review Team . The De- velopment Review Team shall , on a case-by-case basis, consider impacts of the proposal including , but not limited to the following: lot coverage, building height, setbacks, signs. fences , exterior lighting. parking, land- 2 • .. ', 0 I • 0 - • .. • .. • •• .. ... scaping , and compatibility with surrounding zone districts and land uses. The DRT shall submit a wrinen advisory rcpon and recommendation to the Planning Commission for approval at Public Hearing . AYES : NAYS : Rininger, Stockwell, Weber , Willis , Douglas , Lathram. Welker None ABSTAIN : None ABSENT: Dummer, Hayduk The motion carried. These Findings and Conclusions are effective as of the meeting on April 20 , 1999 . BY ORDER OF THE CITY PLANNING & ZONING COMMISSION [bi ,?~~ ' '. ,/ ' ~I I f ' ·,J--~ Douglas Rininger , Vice-Cha~r-- 11nc..c111sysldrp11abclllfi>•P'boan1s1p1aacom~odio1• 9'\ror • pros ord. caH !19-01.doc 3 · ..... ., ,,. .. -.. I ' . .. , I· 0 32X • • ' . ... OPEN SPACE INVENTORY Sites to be Rezoned (approximate acreage) Site Dedicated Open Park Space Baker Park 0 .93 Bates -Logan Park 6.84 Belleview Park 36 .14 Centennial Park 37.3 Clarkson-Amherst 0.77 Cornerstone Park (S. Sub) 66.5 Cushinq Park 25 .57 Dartmouth Drainag e 3.57 Denot 0 .94 Emerson 1.34 Home Lumber 5.35 Jason Park 8.11 Little Orv Creek 14 .2 Malley Center Miller Fields 5.7 Northwest Greenbell 10 .75 Plaza (P onds) 3.5 PUD (Plaza & Bvlrt) 4.2 Recreation Center Romans Park 4.61 Rotolo Park 3.25 Southwest Greenbelt 5.5 1 TOTAL ACRES 122 .75 122 .33 .. ., • .. ..: ' •, .. • - 0 Attachment B OPEN SPACE INVENTORY Sites to Remain under Existing Zoning (approximate acreage) Recreational Site Public School Othe1 Facility Fa ci lity Distric t Acoma Parkinn 2 21 Aco ma Fire 0 .2 1 All en Treatment Pl ant 3 83 Barde 3 67 Broadway medians 0 7 Broadway walklhru 0 28 Broadway anrt Girard 0 2G City Dil ch 12 1:! Citt Hall (Elati St.) 3 .38 Cla~ton So cce r Fi eld 1.7 Det e ntion Pond 1A 2 1 D11n ca n 3 .8 1 Eno lewood Parkway t 6S 2 .13 Fl ood Tennis Comts 0 34 Floyd Parkinq 0 32 Floyd Realiqnment 0.17 Floyd Strip 0 .66 Goll Coi11se/Gree11 belt 267 3.56 Inca Pa1kway 0 .S8 lnte rchanne (Bdwy/285) 4 S Lincoln Beds 1.08 N atc hes Fronlaqe Rd . 0.48 Orchard Pla ce 1.0 5 Police-Fi re 1.95 0 Santa Fe Medians 4.37 Servicenler 19 .15 Sinclair Poo l 0 .92 Tejon Fire Station 0 .95 285 M edians 0 .6 5.69 TOTAL ACRES 296.47 28.65 31 .08 • 3 • • • .. ,. • ,.'! •• .. • •• ... ATTACH'!E:JT "C" MEMORANDUM TO : Bob Simpson, Director of'Neighborhood and Business Development FROM : Parks and Recreation Commission ,) /,t Deborah A. Severa, Recording Secretary LVJ DATE : April 14, 1999 RE : Open Space Zoning Recommendation Tricia Langon was present at the April ?:irks and Recrc:ition Commiss ion meetin g to di sc us s the Open Space Zoning ordinance . After a brie f discussion. a rec ommendati on was m:ide by the Commission to accept the plan as ado pte d. and to forward it to C ity Co unc il. The mot io n was unanimously approved . cc : Jerrell Black, Director of Parks and Recre:ition Dave Lee. Manager of Open Space Parks and Recre:ition Commission P&RC 1999/0pcn Space Zonin& R«ommcndalion.doc NE'GH EGRHOOD ~NO BUSiNES S OEVE~Q PMENT AFR 1 5 '.~99 ENGL~V OOO,COLORA OO , . ' • . I I • 0 32.X: • • • • / .. . . • - ... BY AUTHORITY ORDI NAN CE NO ._ SERIES OF 1999 COl,'NCIL BILL NO. 33 Il:'JTROD UCED BY COUNCIL ME:VIBER ______ _ A BILL FOR A,\/ ORDINA.\/CE A..t\1E'.'IDING TITLE 16. CHAPTER 8. AND CHAPTER-!. Wl TH THE ADDITION OF A NEW SECTION 22, E~'TITLED ·'PARKS . RECRE . .\TION A~"D OPEN SPACE DISTRICT," TO THE ENGLEWOOD :VfUNICIPAL CODE . 1985. WHEREAS , the Englewood City Council desires the cr eation of a P arks , Recreation and Open Space Zone District w1thm the Englew oo d Co m prehensive Zorung Ordinance : and WHEREAS . parks are lands permanently established and designated by Ordinance; and WHEREAS. new park deve lo pment snould re flect the co mmuruty . based up on an inclusive design pr ocess : a nd WHEREAS , public open space is la nd that has n ot been fo r mally designated by Ordinance and can include gre en belts and lan ds u sed fo r actl\·e recr eation or set aside for habitat co nservation: and WHEREAS, the administratio n of park a nd recreatio n sit es a nd faci.lmes s hall remain a function of the Parks and Re creation Department: and WHERE . .\S . the prop ose d Ordinance requires rezoning of existing park. r ec r eation and open space sites together with the creat io n of a new Zoning :Vlap : and WHEREAS , the Englewood Parks and Re cr eation Comm iss ion re v,ewed t h e proposed Ordinance on .\pril 8, 1999 and reco mmended approval by City Co uncil : and WHEREAS , the Englewood Planning and Zoning Co mmission has rev,ew ed t he proposed Ordinance ; and after a Public Hearing held on . .\pril 20 , 1999. re co mme nde d approval by the City Council : NOW . THEREFORE, BE IT ORDAINED BY THE CIT'{ COL'NCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section I. The Englewood City Council hereby amends Title 16, Chapter 8. Section 1, of the Englewood Municipal Code , 1985, with the addition and deletion of the following definitions, in alphabetical order, as follows : -1- • . I • 0 / ,~!;, .. • t DEVELOP:MENT REVIEW TEAM : OPEi>1 SP.'i.CE : OPEi?I SP.I.CE . CO?.E?.ION : OPEi?I SP.',CE DEPTH : OPEN SPACE , PUBLIC: -2- .. ~ ,,..-- • .. • -' .... ... A COM:\'1ITIEE RESPONSIBLE FOR REVIE'wl~G DEVELOPME~"T APPLICATIONS FOR CONSISTE~CY WITH CITY REGULlTIONS Ai'1"D THE ENGLEWOOD COMPREHE~SIVE PL\.~. THEDEvtLOP:lllE~"T REv1EW TEA.'vl SHALL CONSIST OF REPRESEi'l"TATIVES FROM CITY DEPART'.\IIE~"TS AS . ..\FFECTED . Tlutt ~-ettnei .uea aftei tl,e Jl'aee aee e •Inell,:! !tfttm!'eeieei frem tl,e ~Bttfta ee tl,e Jlty by at1J mam JtrttettH"e e:reept .!!.at tl,e :ii'-!! may be tt _e e fe. Hlft!l!eal'ing .. ee.eatieftal ptt!J'e-ea etteh a_ fer a .. :mmiP.g . 31,tt:ffieeeare . ,enuis ...... e. P!.r:!:t.:r.~ let! .:1r1e! ... terag _ ar _as Far E!h:ieies a1•:ei m.:ne .. e.l i!ha 11 Lafte! .• :.'.ti!! d i' .-late.!!: te a ele, ele l'me!!t ... e. !:ftei "lfittal:l _. s , !'le..: el' aeeiie:uee :er pttblie tt-e. o. h1e1'i ·- eleair.iee 3.fta .!!teftaeel fer the ~e ml!l!l -- lt!!e er -!!l6J me!!t ef tl,e . ea1aeftta ef el,e ae. ele"ment :!ft!! ma. melttee e11eft ._e mplemeatar: Jtr"tlett:tte! :1nti impre,eme!!t! as are !!eeea _a~ afta 11ppr ep r:ate . The mi.ttmtHI! 6peft Jpaee aistaftee 61'! lee !et 'e.teept as 6tl,er,,iae -l'eei:iiea-l:!. pre ,;eieeil i,el'!'e!!aiettlar te cl,e "al:! sf tl,e ei .. e!!ingo ttrttt at :tftJ petftt. di' te llftJ aeieiitieft te tl,e a" e!!ing tt!Ht • mel, is efteleaeei !er mere tftaft !i:ft_. pereeftt (iHJ%l ef its perimeter er !er mere thaft teft pereent (Hl %) ef el,e pe"ieft ef its i,e1 :meter el'l'esite aft: Class.',. B . 61' C e.tpesttre ef the ii.• elling t11ttt . (See ?.leeiie Heme Parks , Seetieft 16 I 13 (0 )8a2.) LANDINTENDEDFORPuBLIC USE FOR ACTI\it AND PASSIVE RECREATIO N. CONSERVATION, HABITAT PRESERVATIO N AJ\'D /OR HAZARD ~UTIGATIO N. A tl'!!et ef l11ftil. eie!igoft11teei !!ftei tteeei h,i efte 1n1hite fer aetl •@ anei paael, e reeres!!iePJ . ... .. .. . ... 0 I • 0 .] • • .. • ,-- • ~-:, ' .. •'' .. • -' PARK. PliBLIC: LA..'ID DEDICATED TO THE Pul3LIC FOR ACTIVE .-\.'ID PASSIVE RECREATION, CONSERVATION. HABITAT PRESERVATION .\.'ID/OR HAZARD MITIGATION. RECREATION FACILITY. PCBLIC: A recreation facility operated by a governmental agency and open to the general public, INCLUDING .-\ RECREATION CENTER. A SE.:-.ilOR CENTER .. -\J."ll' ACTIVE RECREATIO N FACILITY. INCL UDI:-,.;G BUT NOT LI:.\llITED TO : A TE:-,.;~s COURT. A SWI:.\iC\UNG POOL. A BALL FIELD . . -\ SOCCER FIELD . A SK.-\TEBOARD P . .\RK. OR OTHER S I:\rIL.\R CS E . Sec;JQn :;:. The City Council of the City of Englewood. Colo r :icio hereby a mend, T itle 16 . Chap ter-!, with the addition of a new Secuon :!'.!. of the Englewoo d :Vlurucip al Code 1985. entitled Parks. Recreation and Ope n Space D1stn ct . which ,hail re:id as follows : 16-4-22 : P .-\RKS, RECREATION A.'ID OPEN SPACE DISTRICT : THE PARKS . RECREATIO N .-\."ll'D OPEN SP.KE DISTRICT zo:--r: rs INTE:'.\il)ED .-\3 .-\ ZO~"'E WHERE Pul3LIC P.-\RKS . P CBLIC FACILITIES. OPE:,,i SPACE . .\REAS . • -\."ll'D Pul3LIC Cll. Tu"'R.-\L FACILITIES . .\RE PER:VUTTED .-\.'<1) ENCOL"'R.-\GED AS THE PRI:,,iCIP.-\L LA.'ID CSES TO PR0 \1DE LE ISCRE A.'ID RECREATI ON OPPORTC:'.\i1TIES , TO MEET THE ~"EEDS OF THE CO:\C\IC:S.1TY \VH ILE PRESER'v1:,.iG A Hl"M.-\."-"'E . AT'TRACT IVE . LIV ABLE CITY . F C RTHER. THIS CHAPTER rs I:,,iTE:,,iDED TO MITIG.-\TE I:.\i!P.-\CTS OF PARK REL-\TED CSES ON .-\DJACE.>.t"T L-\~ A~ TO PROTE CT NATCR.-\L RESOL"RCES THROCGH H.-\.Z..\RD :VIITIG.-\TION . CONSERVATION .-\.'\'D H.-\BITAT PRESERV.-\TI ON . A. B . PER\IITTED PRINCIP.-\L USES : 1. P UBLI C P . .\RKS. 2 . P UBLIC RECREATION FACILITIES. 3. PCBLIC OPEN SPACE . 4. P UBLIC AND QUASI-PUBLIC CU LTUR.-\L FACILITIES. ACCESSORY USES : 1. A.>.1-Y USE INCIDENT.-\L .-\."ll'D RELATED TO PER;v!ITTED PRI :--J'CIP.-\L t.:SES . -3- ' .. ' 'I, ~ . , ' .. . I . 0 • • -• .. • • - C . EXISTI:'.'iG USES : A..'\;"Y Pll3LIC PARK. Pt,13LIC RECREATIONAL F . .\CILITY. OR OPE:--J SPACE . .\REA IN EXISTE:s;CE PRIOR TO THE EFFECTIVE DATE OF THIS ORDINA..\iCE SHALL BE CONSIDERED A LEGALLY ESTABLISHED l"SE FOR THE PLlU'OSES OF THIS ORDINA..\/CE. D. DEVELOPMENT STA .. VD • .\RDS AXD SITE PL\..\i: PRIOR TO THE DEVELOPMENT . REDEv"ELOP'.\IENT OR EXP . .\..\iSIO:'.'i OF . .\..'l''i PERMITTED PRINCIP . .\L USE WITHl:'.'i THE P . .\RKS. RECREATION . .\.VD OPEN SPACE DISTRICT. A SITE PL.\.:'.'i . .\..,'D DEv"ELOP'.\-!E:'.',IT STANDARDS . ..\PPROPRL.\TE FOR THE PROPOSED l"SE SHALL BE SUBMITTED TO THE CITY FOR REvlE\V BY THE DE\"ELOP'.\fEi'-11 REvlEW TE..\.\!. THE DE\l"ELOP'.\!ENT REvlEW TEA.\! SH..\LL. ON A CASE-BY-CASE BASIS. CONSIDER I:\!P . .\CTS OF THE PROPOSAL INCLUDI:-JG , BCT :-JOT BE LIMITED TO THE FOLL0\\'1::--:G : LOT COVER..\GE. BUILDING HEIGHT. SETBACKS. SIG::--:S . FE::siCES . EXTERIOR LIGHTING, P • .\RKI::siG. L.\::--:DSC . ..\PI::,.iG . .\..,1) COMP . .\TIBILITY WlTH SliRROl"NDI:'JG ZONE DISTRICTS . .\).1) L.\..,l) l "SES . \VRITTE::,.i COM'.\!ENTS ON THE PROPOSAL SH..\LL BE PR0 \1DED TO THE . ..\PPLICANT. E . ACTIO:'.'i FOR REzo:,..1::s;G : WITHI>i ::,.iL\"ETY 190 ) D . .\YS OF THE DATE THE CITY DESIG::,.i.UES . .\ P . .\RCEL OF L.\::siD AS A Pll3LIC P . .\RK. PCBLIC RECREATIO~ F . .\CILITY OR OPE:-J SP.\CE . .\RE..\. ACTIO::--: SH..\LL BE I'.'iITL.\TED TO REZO::siE SCCH PROPERTIES . .\S . .\ P . .\RKS . RECREATION . .\.'JD OPE'.'i SPACE DISTRICT . Section 3. Safetv C)ayses The City Council. hereby finds . determmes . and declares that dus Ordinance is promulgated under the general police power of the City of Englewood. that 1t is promulgated for the health . saiet::, and welfare oi the public. and that tlus Ordmance is necessary fo r he prese!"\·at,on of health and safety and for the protection of public com·enience and welfare . The Ci ty Counctl further determines that the Ordinance bears a rat10nal relanon to the proper legislative object sought to be ob tained . Section -t . Sevepbt)jtv If any clause . sentence . pa r a gTaph . or part of tlus Ordinance or the application thereof to any person or circum .. tances shall for any reason be adjudged by a co urt of competent JUnsd1ct1on mvalid. such judgment shall not affect, impair or invalidate t he remainder of tlus Ordinance or its application to other persons or circumstances . Section 5 Inconsistent Ordinances :,..;otlung herein contained shall be deemed a waiver of the provisions of any other Code section or regulation applicable to fences . If there is a conflict between the regulations in tlus Section and any other Code section or regulations , the more stringent regulations shall apply. Section 6. Effect of repeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , ertinguish. alter, modify , or change in whole or in part any penalty. forfeiture. or liability. either civil or criminal, which shall have been mcurred under such provision. and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all prope~ actions . suits. proceedings. and -4- ', I • 0 - • • .. .. . .. • • • .. prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment. decree, or order which can or may be rendered. entered, or made in such actions, suits, proceedings, or prosecutions. Section 7. ~. The Penalty Provision ofE . .M .C. Section 1-4-1 s hall apply to each and every violation of this Ordinance. Section 8. E;,;jsring Uses . Any use in existence prior to the effective date of t his Ordinance, which is not otherwise addressed by conditional use limitations. which does not conform to the limitations established by this Ordinance, shall be nonconforming. A nonconforming use, allowed pursuant to this Section, may remain at its location as a legal nonconforming use subject to the termination requirements of nonconforming uses as described in this Title. Because it is a purpos e of t hi s Ordinance to eliminate nonconforming uses, a nonconforming us e s hall no t res ume if it has been discontinued for a continuous period of at least on e hundre d a nd eighty days or would terminate as provided for in the general no n co nforming use p r on s io ns of t his Title. Introduced. r ead in full. amended a.nd passed on first readin g on t h e 17t h day of May , 1999. Published a.s amended Bill for a n Ordinance on t he 21 " day of :Vl a y . 1999. T ho m a s J . Burns . :Vtay or ATTEST: Loucrishia A. Ellis. City Clerk I. Loucrishia A. Ellis, City Clerk of the City of Englewood . Colora do . hereby certify that the above and foregoing is a true copy of a Bill for a.n Ordinance, introduced, re ad in full, amended and passed on first reading on the 17th day of May , 1999 . Loucrishia A. Ellis -5- .. ''• ' A I • 0 3 • • -• .. ,. /'. • 1 ...... .. ·, • -' //) "--' BY AUTHORITY ORDINANCE NO ._ SERIES OF 1999 COUNCIL BILL NO . 36 INTRODUC~CIL MEMBER~~""""-.._ ......... __,,___ A BILL FOR AN ORDINANCE AUTHORIZING ACCEPTANCE OF A $7 ,500 GRANT FROM THE COLORADO DEPARTMENT 01'' LOCAL AFFAIRS (DOLA) SUCH F UNDS WILL BE USED FOR ENTERPRISE ZONE MARKETING Ai"I/D ADMINISTRATION . WHEREAS, in 1990 the City of Englewood applied to the Colorado Dep artmen t of Local Affairs and was granted, Enterprise Zone status for a maj ority of the industrially and commercially zoned property in the City of Englewood ; a nd WHEREAS, the South Broadway corridor and the Cinderella City s ite received Ente rprise Zone de signation effective July 1, 1998 ; a nd WHEREAS , the Departme nt of local Affairs has a competitive grant program for Enterprise Zone s , which provides marketing and administrative supp ort; a nd WHEREAS, this is the 4,• year in which the Neighborhood and Business Development Department of the City of Englewood has applied for and received s uch funding ; and WHEREAS, the Enterprise Zone is used in the City as a vehicle for business retention : and WHEREAS, by encouraging businesses to take advantage of Enterprise Zon e tax credits, an opportunity is created for businesses to strengthen operations through reinvestment of these dollars back in their business; and WHEREAS , the Colorado Department of Local Affairs requires that the City provide matching fund s to meet grant requirements ; and WHEREAS , the Contract between the Colorado Department of Local Affairs and t he City of Englewood pledges $7 ,500 in local matching funds to meet this obligation: a nd WHEREAS, this Grant and the matching funds will be used for Enterprise Zone marketing and administration in the City of Englewood ; NO W, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section l. The Contract between the Colorado Department of Local Affairs, Economic Development Commission for the acceptance of a $7 ,500 Grant to be used for Enterprise Zone Marketing and Administration and the City of Englewood is attached hereto as Exhibit l. -I - • ' ... .. ' . ) I • 0 - • • .. • • • .. •• .. .... • • Colorado Real Estate .1oumaL Economic Development supplemental features • Greater Englewood Chamber of Commerce Directory • South Metro Denver Chamber of Commerce Directory AdmjpjSJltjon Fundjng Recn,est· An administrative assistant with the Englewood Department of Neighborhood and Business Development will be assigned the task of distnbuting enterprise zone certification fonns, pledge agreements, and literanue during 1999 and 2000 . Maintenance of a data base for enterprise zone inquiries. cenifications and contnbutions reponing will also be a professional staff responsibility . Marketing Funding Request : • 75% of$7,S00: $5,625 Enterprise Zone marketing materials • 25% ofS7,SOO : $1,875 Administrative and professional staff suppon for responding to enterprise zone inquiries and maintenance of a database regarding state reponing requirements and repon submissions . Total Arapahoe County Enterprise Zone 1999-2000 Marketing/Administration Request : $7 ,500 .. '• .. I. 0 X - • • .. • t·"'·· ,. .. • • COUNCIL COMMUNICATION Date Agenda Item Subject Colorado Department of Local Affairs -Enterprise Zone June 7 , 1999 10 a i Marketing Grant Initiated By Staff Source S. Darren Holl ingsworth , Neighborhood and Business Development Bus iness Development Special ist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Economic Development: Initiate business retention , rev ital ization , and growth strateg ies . RECOMMENDED ACTION Staff recommends that City Council approve the attached Bill for Ordinance accepting $7 ,500 from th e Colorado Department of Local Affairs (DOLA). These funds will used for Ente rp ri se Zone marketing and administration . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1990, the City applied to the Colorado Department of Local Affairs , and was granted , Enterprise Zone status for a majority of the industrially and commercially zoned property in Englewood . The South Broadway corridor and Cinderella City site received Enterprise Zone des ignation effective July 1 , 1998. The Department of Local Affairs has a competitive grant program for Enterprise Zones , wh ich provides marketing and administrative support. This is the fourth year Ne ighborhood and Business Development has applied for and received this funding . The Enterprise Zone is used in Englewood as a vehicle for business retention . By encouraging businesses to take advantage of Enterprise Zone tax credits , an opportun ity is created for businesses to strengthen operations through reinvestment of thase dollars back in their business . FINANCIAL IMPACT The Colorado Department of Local Affairs requires that the City provide matching funds to meet grant requirements . The attached Contract between DOLA and Englewood pledges $7,500 in local matching funds to meet this obligation . These funds are included in the Neighborhood and Business Development 1999 Budget. Grant and matching funds will be used for Enterprise Zone marketing and administration . UST OF ATTACHMENTS Proposed Bill for Ordinance Marketing and Administration Proposal DOLA Contract .. I • 0 • • Background : .. " • 1·,.,,. • - ARAPAHOE COUNTY ENTERPRISE ZONE MARKETING AND ADMINISTRATION PROPOSAL 1999-2000 ... The Arapahoe County Enterprise Zone includes portions of the industrial and commercial propenies within three communities: Englewood, Sheridan, and Littleton. The Englewood and Sheridan area of the zone was established in 1992, with Littleton added in 1992 . Marketing Activities : 1998-1999 A comprehensive marketing strategy has been developed for the Arapahoe County Enterprise Zone. The objective of the strategy is to utilize a diverse range of publications and electronic media. Enterprise zone marketing funds from the 1998-1999 grant were used for the preparation of the marketing pieces promoting the Arapahoe County Enterprise Zone. The marketing pieces included : • Arapahoe County Enterprise Zone Map • City of Englewood, Business Development Newsletter (including Enterprise Zone expansion infonnation) and illustration • South Metro Chamber of Commerce Enterprise Zone advertisement • Greater Englewood Chamber of Commerce Directory Enterprise Zone advertisement Marketing Efforts: 1999-2000 The implementation of the marketing strategy will continue in 1999 and 2000 . Distribution vehicles include the following : • Arapahoe County Enterprise Zone descriptive map • Englewood Business Development newsletter • Englewood Herald, Local Business supplemental feature • Englewood business assistance brochure • Internet • Regular distribution of Arapahoe County Enterprise Zone infonnation packet. • .. I· 0 - .. • • ./' .. . .. ·.: .... • •• Sectjon 2. The Contract between the Colorado Department of Local Affairs , Economic Development Commission for the acceptance of a $7 ,500 Grant is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Contract for and on behalf of the City of Englewood. Sectjon 3. The City Manager and the Financial Services Director are authorized to transfer matching funds from the General Fund Unreserved Fund Balance to the Neighborhood and Business Development Budget of the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 7th day of June, 1999. Published as a Bill for an Ordinance on the 11th day of June, 1999. 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, introduc..-ed , read in full, and passed on first reading on the 7th day of June, 1999 . Loucrishia A. Ellis -2- , . ·.~ .. ., ' ...,\ ~ • I I • 0 32X . ] • • • • - EDC #396 CONTRACT • DEPARTMENT OR AGENCY NUMBER NAA CONTRACT ROUTIN G NUMBER E X H I B I THIS Contract, made this _day of ___ 1911Q_, by and between the State of Colorado for the T use and benefit of th e Department of Local Affairs. Economic Development Commission ("E.D .C ."). 1313 Sherman Street, Denver. Colorado 80203 , here inafter referred to as the State . and C ity of Englewood , 3400 So . Elati St., Enal ewood. CO 80110 , hereinafter referred to as the Contractor. WHEREAS , authority e xi sts in the Law and Funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains availab le for payment in Fund No . 12§_, Approp . Code 902 , Org . Un it EBAO , GBL . Contract Encumb . No. E9EDC396 ; and WHEREAS , required approva l. clearance and coord ination has been accomplished from and with appropriate agencies : and WHEREAS . th e State desires to promote economic development in Colorado by ass isting loca l communities in expanding their econom ic base ; and WHEREAS , pursuant to 24-46-101 to 105, C .R.S . 1987. the Colorado Eco nomic Deve lopment Fund is created , and is to be administered by the Department of Loca l Affa irs; and WHEREAS , applications for d istrib ut ions from the Colorado Economic Development Fund have been re ce ived by the Economic Development Com mi ss ion ; and WHEREAS , the Economic Development Commiss ion has reviewed and recommended to th e Governor that the project described in th is contract be financed with a grant ; a nd WHEREAS, the Governor has au th oriz ed expend iture of money from the Economic Development Fund to fin ance the project described in this contract ; and WHEREAS . the Contractor is an eli g ible recipient of Colorado Econom ic De ve lopment funds ; NOW THEREFORE it is hereby agreed that: 1. Area Covered . The Cont ractor shall perform and accompli sh all the necessary work and services provid ed under this Contract. as described in the attached Exh ibit A, which is in corporated herein and made part of th is Contract by reference , in connection with and respect ing the following area or areas : Arapahoe County 2. Scooe of Services . In cons ideration for the monies to be received from the State, the Contractor shall do, perform , and carry out , in a sat isfactory and proper manner, as determined by the State , all work elements as indicated in the "Scope of Services", set fonh in the Attached Exhibit A , hereinafter referred to as the "Project". Work perform ed prior to the execution of this Contract shall not be considered part of this Project. 3 . Responsible Administrator . The performance of the services required hereunder shall be under the direct supervision of An Scibell i , an employee or agent of Contractor, who is hereby designated as the administrator-in-charge of this Project. At any time the administrator-in-charge is not assigned to this Project, all work shall be suspended until the Contractor assigns a mutually acceptable replacement administrator-in-charge and the State receives notification of such replacement assignmant . Page 1 of 7 Pages I 1 ,, I • 0 • • • .. ,. • ·,· • • ' ' 4 . Time of Performa nce Thi s Contract shall become effe ctive upon proper exec ution of th is Contra ct. The Project contemp lated here in sha ll commence as soon as pract ica ble after th e execut ion of th is Contrac t and shall be undertake n and perform ed in th e seq uence set forth in th e "T ime of Perfo rmance" 1n the attached Exh ibit A . No Econom ic Development Comm iss ion Fun ds prov ided under thi s contract w ill t;e expended prior to the fu ll execution of thi s contract. The Con tractor agrees that time is of the es s ence in the performance of its obligat ions under this Con ract , and tha t comp letion of th e Proj ec t sha ll occur no late r than the terminat ion date set orth 1n the "Time of Perfor mance " 5. Compe nsation and Met hod of Pa men t. The State ag ree s to pay to the Contractor. in cons iderat ion for the work and services to be perfo rmed , a tota l amount not to exce ed SE VEN THOUSAND FIV E HUNDRED AND N0/100 DOL LARS (S7,5 00 l. The method and 1me of pa y ment sha ll be made 1n acc ordance with the "Pa ym ent Sc hedul e" set forth 1n Exh1 01t A . 6 . Accountino . At all times from the effecuve date of thi s Contract unt il comp let ion of this Pro jec t, th e Contractor shall mainta in prope rl y segregated books of Stat e fund s. match ing funds . and ot her funds assoc iated w it h this Pro jec t. All receipts and ex pend iture s associated w ith said Proj ect shall be documented in a deta iled and spec ifi c mann er, and sha ll accord w ith the "Budget" set forth in Exh1b1t A . Con tr ac tor may adjust budgeted exp e nditure amounts up to ten percent (10 %) w 1th 1n sa id Budget w ithout approval of the State . Ad justments of budget exp end iture amo unt s in excess of ten percent ( 10 %) must be au th or ized by the State in an amendme nt to thi s Contrac t properly executed and approved pursuant to the State Fisca l Rules . In no event sha ll th e State's tota l cons ideration exceed th e amount shown in Paragraph 5 above . a . Unless otheiwise provided in this Contract, if Exh ibit A prov ides for more than one payment by the State , the ini tial pa ym ent set forth in the Pa ym ent Sc hedu le shall be made as soon as pract icable after proper execu ti on of this Con trac t. The Contractor sha ll initiate all subsequent pa ym ent requests by submitting documented proo f of proper exp end it ure of State funds thus far rece ived to a co ntra ct monitor des ignated by the State . b. The Contractor shall request the final payment . which is th e amount w ithh eld by th e State unt il the Project is complete, for th e Project by subm 1tt1ng to th e contract monitor a detail ed cost account ing of all State funds rece ived and expended towards comp let ion of th e Pro jec t. Upon dete rmin ing to its sat isfac ti on that all funds received by the Co ntra ctor have been properly spent towa rd s accom plishment of th e Project . the State sha ll promptly make fina l payment to the Contractor . c . Within ninety (90) days of comp letion of the Project, the Contractor s hall submit to the contract monitor a deta iled cos t accounting of expenditures of the final pa y ment rece ived from the State. Any State funds not expended in connection with the Project shall be rem itted to the State at that time . 7 . Audit. The State or its authorized represen tativ e sha ll have th e right to in spect . examine , and audit Contractor's records , books and accounts , includ ing the right to hire an independent Certified Public Acco untant of the State's choos ing and at the State's expe nse to do so . Such discretionary audit may be called for at any time and for any reason from the effect ive date of this Contract unt il five (5) years aft er the date final payment for this Project is rece ived by the Contractor , provided that the aud it is performed at a time convenient to the Contractor and during regular bus iness hours . Whether or not the State calls for a discretionary audit as provided for in this paragraph , if the Project is accomplished w it hin a single fiscal year of the Contractor, the Contractor shall , at the conclus ion of the Project , and in add ition to any other reports required, submit a report and auditor's statement of the Project account to the Econom ic Development Commission in the Department of Local Affairs . Such report shall be prepared in con jun ct ion w ith Contractor's regular yearly audit, and must be submitted within six (6) months after the close of the then current Contractor's fiscal year. Page 2 of 7 Pages • ... I • 0 • • -• .. • f, ..... .. • • ' 8 . Personnel. The Contractor represents that he has, or will secure at his own expense. unless otherwise stated in Exhibit A, all personnel, as employees of th e Contractor , necessary to perform the work and services required to be performed by the Contractor under this Contract. Such personnel may not be employees of or have any contractual re lationsh ip with the State and no such perso nn el are eli g ible for any employee benefits. unemployment compensation or any other benefits accorded to state employees and Contractor agrees to indemn ify the state for an y costs for wh ich the stat e may be found li ab le in these regards . Contractor sha ll pay when due all required employment taxes and income tax w ith hold ing . All of the services required hereunder will be performed by the Co ntra ctor or under his supervi sion , and all perso nnel engaged in the work shall be fully qual ifi ed and sha ll be authorized under Sta te and loca l law to perform such services . 9 . Workmen's Compensation Coveraae . The Contractor is respons ible for prov iding Workmen's Compensation Coverage and Unemp loym ent Compensat ion Coverage for all of it s emp loyees to the extent required by law . and for prov iding such coverage for themselves . and for pro vi ding such co verage or requ iring it s subcontractors to provide such coverage for the subcontractor's emp loyees . In no case is the State responsible for providing Workmen 's Compensat ion Co verage for any emp loyees or sub contractors of Contractor pursuant to th is Agreement , and Contractor ag rees to ind emn ify the State for an y costs for whi ch the State may be found li able in this regard . 10. Termination of Contract for Con ven ience of Either Party . Either the State or the Contractor ma y terminate this Contract at any time the party determ ines that the purpose of the Contract would no longer be served by completion of the Project. The party des iri ng to term inate the Co ntract shall effect such termination by giving written not ice of term ination to the other party and spec1fy 1ng the effectiv e cate there of, at least th irty (30) days prior thereto . In that event. all fin ished or unfin ished documents and other mate ri als shall , at the opt ion of the State , become its property . Contractor sha ll repay funds ad vanced and not exp ended in accordance with the terms of th is contract. Contractor shall not be relieved of any ob li gations to repay funds advanced as a loan, notwith stand in g an y term ination of the contract for conve nience . 11 . Termination of Contract for Cause : Repayment of Advanced Funds a . If, through any cause , the Contractor shall fa il to fulfil l in a tim ely and proper manner its obl igations under this Contract , or if the Contractor sha ll violate any of the co venan ts , agreements . or st ipulations of this Contract, the Sl ate sha ll thereupon have the right to term inate thi s Contract for cause by givi ng written not ice to the Contractor of such terminat ion and spec ify ing the effective date thereof, at least five (5) days before the effect ive date of suc h term inat ion . In th at event , all fin ished or unfinis hed documents , data , stud ies, surveys , drawings . maps , mode ls , photographs . media contracts and reports or other material prepared by the Contractor under th is Con trac t sha ll, at the option of the State , become its property ; and the Contractor shall be entitled to rece ive just and equ it ab le compensation for any sat isfactory work completed on such documents and other materials . b. Notwithstanding the above , the Contractor shall not be relieved of li ability to the State for an y damages sustained by the State by virtue of any breach of the Contract by the Contractor, and the State ma y withhold any payment to the Contractor for the purpose of setoff unt il such time as the exact amount of damages due to the State from the Contractor is determined . c . If funds have been advanced to the Contractor , Contractor shall repay such funds to the extent they are not expended in accordance with the terms of this contract at the time of termination . 12 . Changes . The State may , from time to time, require changes in the scope of services of the Contract to be performed hereunder. However, this Contract is intended as the complete integration of all understandings between the parties at this time, and no prior or contemporaneous addition , deletion , or other amendment hereto, including any increase or decrease in the amount of monies to be paid to the Contractor, shall have any force or effect whatsoever unless embodied in a written contract amendment incorporating such changes executed and approved pursuant to the State's Fiscal Rules . Notwithstanding this provision, changes in the time of performance may be agreed to by letter if so provided for in Exhibit A, and contractor Page 3 of 7 Pages • ' ' I • 0 • • • ,,-. • • - ' may make adjustments of less than 10 percent in budget lin e items as provided for in sect ion 6 of thi s Contract. 13 . Reports. At least two (2) cop ies of all reports prepared as a result of the Project wi ll be su bm itted to the Economic Development Commiss ion in the Department of Loca l Affa irs within two (2 ) wee ks of complet ion of such reports . 14 . Confl ict of Interest. a . No employee of th e Contracto r shall perfo rm or provid e part-time se rv ices for compen sa tion , monetary or ot herwise , to a cons ultant or consu lt ant firm that ha s been reta ined by th e Contractor under th e auth ority of th is Co ntract. b . The Con tractor ag rees that no pe rson at an y time exercis in g any function or re spon s ibility, in connect ion w ith th e e lements of th is pro ject that are financed with State fund s , on be half of the Contractor shall have or acqu ire an y perso nal fin ancial or economic interest, d irect or indirect , wh ich w ill be materially affected by thi s Contract, except to he extent th at he may receive compensati on for hi s performance purs uant to th is Contract c . A personal fin ancia l or economic interest includ es , but 1s not li m ited o i . any bus in ess entity in whi ch the pers on has a direct or in direct monetary interes t: ii. an y rea l property in wh ich the person has a d 1rec or 1nd 1rect mon eta ry interest : iii. any source of income . loa ns . or gifts rece ived by or prom ised to the person with in twe lve (12) months prior to the exec ulion date of th is Contract. iv . any bus iness entity in which the person 1s a director , offi cer , general or li mited partner, trustee , employee , or ho lds any pos 1lion of management. For purposes of this subsection . in direct inves tm ent or interest mea ns any investment or in terest owned by the spouse , par ent , broth er, sister, so n , daughter, father-in-l aw, mother-in-Jaw, brother-in-law , sister-in-law . son -in-law. or daughter-in-law of the pe rso n by an agent on his /her behalf, by a gene ra l, limited , or silent partner of the pe rson . by any business entity controlled by sa id perso n. or by a tru st 1n wh ich he /she has substant ial interest. A business entity is controll ed by a person if th at person , hi s/he r age nt, or a relative as defined above possesses more than fifty pe rce nt (50 %) of the ownersh ip in terest. Sa id person has a substantial economic interest in a tru st when the person or an above-defined relative has a present or future interest worth more than One Thousand Dollars (S 1,000.00 ). d . In the event a conflict of interest , as described in th is Paragraph 14, cannot be avoided without frustrating the purposes of th is Contract, the person involved in such a conflict of interest shall submit to the Contractor and the State a full disclosure statement setting forth the details of such conflict of interest. In cases of extreme and unacceptable confl icts of interest, as determined by the State, !he State reserves the right to term inate the Contract for cause , as provided in Paragraph 11 above . Fa ilure to file a disclosure statement required by this Paragraph 14 shall constitute grounds for term inat ion of this Contract for cause by the State. 15. Compliance with Applicable Laws . At all times during the performance of this Contract, the Contractor shall strictly adhere to all applicable federal and State laws that have been or may hereafter be establ ished. Page 4 of 7 Pages • .. I • 0 • • .. " ,,--· • . -,. • ... .. • •• ... 16 . Subcontracts . Copies of any and all subcontracts entered into by the Contractor to accomplish this Project will be submitted to the Department of Local Affairs upon execution . Any and all contracts entered into by the Contractor shall comply with all appl icable federal and Colorado state laws and shall be governed by the laws of the State of Colorado notwithstand ing provisions therein to the contrary . 17 . Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract . the terms of this Contract are severable, and should any term or provis ion hereof be declared inva li d or become in operat ive for any reason . such invalidity or failure shall not affect the validity of any other term or prov ision hereof. The waiver of any breach of a term hereof shall not be construed as waiver of any other term . 18. Binding on Successors . Except as herein otherwise prov ided , this agreement shall inure to the benefit of and be binding upon the parties , or any subcontractors hereto , and the ir respective succe ssors and assigns. 19 . Assignment. Neither party, nor any subcontractors hereto, may ass ign its rights or dut ies under th is Contract without the prior written consent of the other party . 20 . Limitation to Particular Funds . The parties hereto express ly recogn ize that the Contractor is to be paid, reimbursed , or otherwise compensated with funds prov ided to the State for the purpose of co ntract ing for the services provided for herein, and therefore, the Contractor expressl y understands and agrees that all its rights , demands and claims to compensation arising under th is Contract are cont in gent upon rece ipt of such funds by the State . In the event that such funds or any pan the reof are not rece ived by the Stat e , the State may immediately terminate this Contract. 21 . Minority Business Enterprise Participation . It is the policy of the State of Co lorado that minority business enterprises shall have the maximum practicab le opportun ity to partic ipate in the performance of its construction grant contracts . The Contractor agrees to use its best efforts to carry out this policy to the fullest extent practicable and cons istent with the efficient performance of this Contract. As used in this Contract, the term "minority business enterprise" means a business , at least 50 percent (50%) of which is owned by minority group members or, in the case of publicly owned businesses . at least 51 percent (51 %) of the stock of which is owned by minority group members . For the purposes of this definition, minority group members are Negroes or Black Americans , Spanish-speaking Americans , Asian Amer icans . American Indians , American Eskimos and American Aleuts . The Contractor may rely on written representations by bidders . contractors , and subcontractors regarding their status as minority enterpr ises and need not conduct an independent investigation. 22. Parties' Relationship . Except with respect to its fiduciary obligations to the State set forth in Exhibit A, the Contractor shall not be deemed an employee or agent of the State . No agent or employee of Contractor shall be or shall be deemed to be an employee or agent of the State , other than for purposes of compliance with the fiduciary obligations to the State in Exhibit A. Contractor will be solely and entirely responsible for its acts and the acts of its agents, employees and subccntractors during the performance of this contract. Page 5 of 7 Pages ,, . .. . ' I • 0 32x ~.] • • - .. ~ ,,,,-· • '. •' .. • -' SPECIAL PROVISIONS CONTROLLER'S APPROVAL , . 1. This contract shall not be deemed valid until it shall have been approved by th e Controller of the State of Colorado or such assistant as he may designate. This provision is appli cab le to any contract involving the payment of money by th e State. FUND AVAILABILITY 2. Financial obligations of the State of Colorado payable after the current fiscal year are con tingent upon funds fer that purpose being appropna<ed . budgeted and otherwise made available . BOND REQUIREMENT 3. If this contract involves the payment of more than fifty thou sand dollars for the construct1on . erection . repa ir, maintenance . or improvement of any building. road , bridge . viaduct. tunnel. excavation or other publ ic work fo r this State . the contractor shall . before emenng upon the performance of any sucn work included ,n th is contract . duly execute and de li ver to th e State official who will sig n the contract, a good and sufficient bond or other acceptable sure1 y to be approved by said official in a penal sum not less than one-half of the total amount payable by the terms of L~,s contract. Such ~a nd shall be duly execu ted by a qualified corporate surety, cond itioned upon the faithful performance of th e contract and in aod1t1on. shall pr0\1de that ,f the con actor er his subcontractors tail to duly pa y for any labor. mate ri als . team hire . sustenance . prov1s1ons. provender or other su?o11es used or consumed ~Y such contrac:cr or his subcontrac:or in performance of the work contracted to be done or fails to pay a ny person who supohe s rental machinery tools. or ecu1pment ,n tn e prosecuuon of the work the surety will pay th e same in an amount not exceeding the sum spec1fieo m tne bona . tog e t er with interest at the rate of eight per cent per annum . Unless such bond is executed , delivered and fi led . no claim in favor of the contractor an s1ng u nder such contract sha ll oe auc11ed . allowed or paid . A certified or cashiefs check or a ban k money order payable to the Treasurer of the State o f Calorado m ay be accepted ,n hes of a bend . This prov1s1on 1s in compliance with CRS 38-26-106. INDEMNIFICATION 4 . To the e xtent authorized by law, the contractor sha ll indemnify, save and hold harmless the State . ,ts em ployees and agents . aga inst any and all claims . damages. liability and court awards including costs . expenses. and attorney fees ,ncurred as a result o f any act or om,ss,on oy the contractor, or ,ts e mployees. agents. subcontractors. or assignees pursuant to th e te rms of this contract. DISCRIMINATION AND AFFIRMATIVE ACTION 5. The contractor agrees to comply with the letter and sp,nt of the Colorado Anti d iscrimi nat,on Ac: of 1957. as amended . and otrer app licable law respecong d iscrim ination and unfair employment pracoce (C RS 24-34-402). and as req uired by Executive Order . Equal OoportuMy and Affirmative Action . dated April 16, 1975. Purs uant thereto. the following pro visions shall be contain ed in all Stale contracts or sub-contracts During the performance of this contract. the contractor agrees as follows: (a ) The contractor will not d iscriminate aga inst an y employee or appli cant for emplo yment because of race . creed. color. national ong,n . sex. mantal status. rel igion , ancestry, mental or physical handicap. or age. The contractor will take affirmative action to insure that appli ca nts are employed , and tnat employees are treated during employment, without regard to the above mentioned cl,aracteris ti cs . Such action shall include. but not be lim11ed to the fol low,n g emplo yme nt, ul)Srading . demotio,1 , or transfer. reauitrnent or recruitment advertisings: lay-offs or term,naoons : rates of pay or other forms of ccmpensaoon : and selection for training. induding apprenticeship. The contractor agrees to post in conspicuous p!aces . available to employees and applicants foremplo)•ment, nonces to be provided by the contracti ng officer setting forth provis ions of th is non-discrimination clause. (b) The contractor will , in all solicrtations or advertisements for emplo yees placed by or on behalf of the contractor, state that all qualified applicants w,11 receive consideration for employment without regard to race , creed, color. national origin , sex . manta l status , re ligion . ancestry, mental or physica l handicap, or age. (c) The contractor wrll send to each labor un ion or representative of workers w ith wh ich he has a coll ective bargaining agreement or other contract or understanding. nooce to be provided by the contracting officer. advising the labor union or workers' representative of the contracto(s commitment under the Execuove Order, Equal Opportunity and Affirmative Action, dated April 16, 1975, and of the ru les, regulations . and re levant Orde rs of the Governor. (d) The contractor and labor unions will furnish all information and reports required by Executive Order. Eoua l Opportunity and Affirmaove Action of April 16, 1975, and by the rul es , regulations and Orders of the Governor. or pursuant thereto. and will perm,t access to his books. records. and accounts by the contracMg agency and the office of me Governor or his designee for purposes of investigation to ascertain compliance w,th such rules. regulations and o rd ers. (e) A labor organization w ill not exdude any individual o th erwise Qua lified from full membership ri ghts in such labor organizat,on . or expel any such ind ividual from m embership In such labor organization or discriminate against any of its members in the fu ll enjoyment of work opportunity, because of race . creed, color, sex, national origin , or ancestry. (f) A labor organization. or the employees or members thereof will not aid , abe~ incite. compel or coerce the doing of an y act defined In th is contract to be dis- criminatory or obstruct or prevent any person from complying with the provisions of th is contract or any order issued thereunder, or attempt either directly or indirectly, to commit any act defi ned in this conlract to be disoiminatory. Form 6-AC-029 Revised 1/93 395-53-01 -1022 • Page _6_ of _7_ Pages ' . ' I • 0 ] • • .. • • .. .. • ... •• ... • (g ) In th e event of the contrac:or's non-compli ance with th e non-discnmmation clauses of th is contract or w ith any such rule s . regu lations. or orders. :his contract may oe canceled . terminated or suspended in whcle or in part and the contractor may !:le dectareo 1ne!ig1 ble for further State contracts 1n accoraance w 11h oroceaures . auchonzed 1n E;(ecutfve Oraer. Equal Occortumty and Affirmative Action of Apnl • 6 . 1975. or oy rul es. reg ul allons er ord ers promul<;a:ec in accordance th ereW1th . and sucn other sanc:ions as mav ce ,mcoseo and remedies as m ay ~e mvokeO as provided m Executive Creer. EQua1 Qpportur1ry ano Affirmauve Action of Apnl 16. 1975, or by rules . regulations er orc:ers promulgateo 1n ac.:.o rd ance th erewith . or as otherwise prov 1Ced by law. (h) The Contractorw,11 indude the provisions of paragrachs (a) through (h ) in every sub-contrac and subcontractor purchase order unless exempted by ru les. regulations. or orders issued pursuant to E.,ecutive Order. Equal Opportunity and Affirmattve AC'jon of Apnl 16. 1975. so that such prov1s1ons will be c ,n c ,n g upon each subccniractor or vendor. The contractor will take such action w,th respec: to an y sub-contracting or purc.~ase order as the contracttng agency may direct. as a means of enfcrcmg sue.~ provisions. in duding sanctions for non-compliance: provided. however. that ,n the event the contrac:or becomes involved in . or Is tnreatened with . litigation. wi tn the subcontractor or vendor as a result of sue., c irecnon by the contracting agency. the contrac:or may request the State of Colorado to enter into such littgaticn to protec the interest of :he State of Colcraco. COLORADO LABOR PREFERENCE 6a. Provls,ons of CRS 8-17-101 & 102 fo r preference of Colorado labor are aophcable :o this contract ,f public wo rk s w11h,n the State are uncerta <en hereunder and are fin anced ,n whole or m par, by State funds. b . When a :onstruct1on contract for a pu~lic pro ject ,s to be awarded to a bidder. a resident ~,d eer shall be allowed a preference again st a non-res,oent b1cce• from a sta te or :ore1;n coun'{J"f ec;ual to the preference grven or required by th e state or foreign country in wh1c."'\ the non.resident bidder 1s a resident. If it is d etermmec by the officer responsible for awarding the bid that compliance with this subsection .06 may ca use cen,a l cf federal funds wh1c., would oL~elWlse be ava,l ao le or wouk:t otherMse be inconsistent with reQuirements of Feceral law . thas subsedcn shall be suscendeo . bu1 only to the extent necessary to prevent denia l of tne moneys or to eliminate the inconsistency with Federal requirements (CRS 8-19-101 and 102). GENERAL 7. The laws of the State of Colorado and rules and regulations issued pursuant !hereto shall be apclied ,n the ,nterpretat1on , execution. and enfcrcerr.er t of this contrac:. Any prov1s1on of this contract whether or not incorporated herem by reference wh 1cn provides for arb1ttat1on by any extta·JUC1 c1al body or ~erscn or which ,s otherwise in conflict with said laws . rules, and regulations shall be cons1Cered null and vo,d . Ncttiing ccnta1ned in any orovis1on 1ncoroorated he rem by reference wh 1c.., purports to negate th is or any other specal provision in whole or 1n oart snall ~e valid o r enforceab le or available in any ac~on at law .. vn et:-:er by way of compla int. defense, or otherwise. Any provision renderec null anc void by th e o pe;otic n of thi s prov1 s 1on will not inva lidate :ne rema1nc:er of th1s contract to the extent that the .contract is capable of execution. 8. At all tim~s dunno the performance of this contract, the Contrac:or shall stn ctly adhere tc all apphca:,le fec:eral and state laws, rules a~c re;ulaucns • c: have :ieen or may hereafter be established. 9 . Pu rsu2 nt to CRS 24·30·202.4 (as amend ed }. the state controller may withho ld deots owec to sta:e ac;enc:es uncer the veneer cffse1 interce~t sys :e .., for. (a) unpaid cm td sup port det>t or child supcort arrearages: (b ) unpa id ba lance of tax , accruec ,rte res:. er other charges specifi ed in Aruc:e 22 . Ti tl e 39, cq s (c } unpaid leans due to the student loan a iv1 s;c n of the Cepa rtmen t of h1gn er educati o n . (C) owec amounts reau,red to be ;ia1c :o tr1 e urempto:,rr-£1 ;: ccmcensaci on tune : and {e) other un pa id deo ts owing to the sta te er an y agency th ereof. th e al"!"':ounr of ·.v mch 1s found to be owing as a result of mal aga,..c:- determ,na tt on or reduced to judgement as certified by the conucll er. 10. The s1snatones aver that the y are fam1liarw1th CRS 18-8-301 . et. seq .. (9 rib er1 ano Corruot Influences) and CRS 18-8--l01 . et. sec .. (Abuse of Pu:; : Office). and that no v,ola tion of such provisions is present. 11 . The signatories aver that to their knowledge , no state employee has any personal or benefi cial inte res t whatsoeve r in the service e r ~ro oe'":y descri bed herein: IN WITNESS WHEREOF. the pariies hereto have executed thi s Contract on the day fi rs t above w ntten . Contractor: CITY OF E'.\IGLEWOOD (Full Legal Name) Position (TiUe ), __ _.Ma_:;m_,..r _____________ _ 84-6000583 (If Corporation:) Attest (Seal) By ---------------------- 1.Ducr~~·~,YJ..~~.,.Clerk PRE-APPROVED FORM CONTRACT REVIEWER By Evan Metcalf Fom, 6-AC-02C Rov;sea 7/97 ST A i E O F COLORADO BILL 0\\ E:-.S. GOVERNOR By _____________________ _ For th e E.<E:u 1vE D1RECTO R. Bob Brooks OE?A RTMENT OF ______ ~L~o~c~a~l~A~f~fa~1~rs~--------- APPROVALS STATE CONTROLLER Arthur Barnhart By __________________ _ Rose \.lane Auten 395-53-0 t • 1030 Page _]_ which is the last of...]_ Pages • • ', I • 0 32X .. ' • ,..--'·. ., • ,. -;!;~ / ~ .. ..; .. •, ' . • • .. -, .. ... EXHIBIT A SCOPE OF SERVICES AND PAYMENT SCHEDULE • I· 0 32X • • • .. ~ -• ' / ).~ ... .. 'I, ., -. • -.. " ~ EDC #396 EXHIBIT A Colorado Economic Development Commission SCOPE OF SERVICES 1 . Project Description and Requirements The Project consists of providing the Contractor w ith matching funds for the promotion of economic development in the Arapahoe County Enterprise Zone area . These funds shall be used for th e purposes of promotional activities that w ill market and advertise the advantages of locating a busin ess in the contractor's enterprise zone area . create a positive identity for the enterprise zone area , encourage retention and expans ion of exist ing businesses. promote redevelopment. expand the region's tourism industry, attract new businesses, and generally enhance the economic growth of the enterprise zone area . Such activities shall include the preparation , production , and/or d istribution of market research , printed materials , direct mail campaigns, print media advertising. trade show promotions , special events . direct business prospect v isitation . and other closely related activities . No more than 25 percent of these funds may be used to pay for contract o r's admini strative or staff costs . Contractor may allocate funds to one or more subcontractors involve d in promotion and economic development activities in the enterprise zone . Contractor shall be respons ible for ensurin g and documenting the expenditure of the requ ired local match ing funds by Contractor or by its subcontractors . The contribution from the Economic Development Fund under th is Contract shall not exceed the amount of local matching funds expended on this project or SEVEN THOUSAND FIVE HUNDRED dollars ($7.500), whichever is less. All project costs in excess of this amount will be the responsibi lity of the Contractor. Contractor shall match E .D .C . funds used on this project with at least a dollar-for- dollar cash match from local sources. Local expenditures on enterprise zone marketing projects incurred prior to the effective date of th is project but subsequent to July 1, 1998, may be counted toward the matching funds requirement, provided that such expenditures have not been used to meet other state contractual matching fund requirements. 2 . Time of Performance The Project shall commence upon execution of this Contract. The Contract will expire on June 30, 2000, except that the Contract may be extended a maximum of 12 months subject to the mutual agreement of the State and the Contractor. A request for extension by the Contractor shall be submitted to the State at least 30 days prior to the expiration of the Contract w it h a full justification for the extension request. EDC # 396 -Exhibit A Page 1 of 2 Pages ' .,_ .,, ... ) I • 0 - • • ,. 3 . Budget REVENUE E .D .C . Funds $7 ,500 Local Funds 7,500 TOTAL : $15 ,000 4 . Payment Schedule .. • • • •• .. EXPENDITURES Market Research , Publications , Advertis ing , and Direct Marketing for the Arapahoe County Enterprise Zone Program Zone Administration TOTAL : .. $11 ,250 3,750 $15,000 I. $6 ,500 One or more payments to be pa id upon request and the submiss ion of proper documentation of expenditures of E.D .C . and local funds and work progress . II . 1,000 Final payment to be made upon satisfactory completion of the Proj ect. The Contractor will submit a final financial and narrative report documenting the expenditure of all E.D .C. funds for which payment has been requested and of matching local funds . $7,500 TOTAL Requests for payment will be initiated by the Contractor in accordance with the prov isions of Paragraph 6 of the main body of this contract. 5 . Monitoring The Department of Local Affairs will monitor th is Project on an as.needed basis. 6 . Repor1ina Scbfdult The Contractor will submit an interim financial and narrative report properly documenting all expenditures of E .D .C. funds at the time interim payments are requested. The Contractor will submit a final financial status report properly documenting all expenditures of E.D.C . funds at the time the final payment is requested , in accordance with the payment schedule . EDC # 396 • Exhibit A Page 2 of 2 Pages • ·,.. .. ' .. I • 0 32X - • .. ~ ,,,--- • / '• ttt,"'· .. .. • -' ' ., STATE OF COLORADO EXECUTIVE CHAMBERS 116 Sule Ciip ito l Denver , Color ad o 8020 )-1792 Ph on e OOJ) 866-24 71 Jul y 24, 1998 Od ell Bmy, Chairman Colorad o Economic Development Commission 1625 Broadway, #1700 Denver, CO 80202 RE : 1998-99 Enterprise Zone Marketing and Administration Grants Dear Odell : In accordance with CRS 24-46-105 , I have authority to review and approve recommendations by the Colorado Economic Development Commission for expenditures from the Economic Development Fund. I have reviewed the enterprise zone marketing and administration grant projects as specified on the attached list and hereb y approve_ the expenditure ofup to a total of$300,000 from the Colorado Economi c Development Fund for these projects. Sincerely, Att ach ment Ro~· Romf't Co"ernor ' .. ) I • 0 -... ,., .. ... . . ,, ' • • -.. Colorado Economic Development Commission 1998-99 Enterprise Zone Marketing Grants Deta il of Funding Recommendations #395 Adams County Economic Development, Inc . #396 C ity of Englewood (Arapahoe County EZ) #397 Denver Urban Economic Development Corp . #398 East Central Council of Local Governments #399 El Paso County #400 Greeley/Weld Economic Development Action Partnership , Inc . #401 Huerfano/Las Animas Council of Governments #402 Jefferson Economic Council , Inc . #403 Larimer County .. .. #404 Western Colorado Business Development Center (Mesa County EZ) #405 Northeast Colorado Association of Local Governments #406 Associated Governments of Northwest Colorado #407 Pueblo County #408 Region 10 League for Economic Assistance & Planning #409 Upper Arkansas Area COG (San Luis/Upper Arkansas EZ) #41 O Southeast Colorado Enterprise Development, Inc. #411 Region 9 Economic Development District of Southwest Colorado #412 Enterprise Zone Trade Show Marketing (East Central COG) ' . 510 ,500 7 ,500 10 ,500 22 .000 7 ,500 10,500 22 ,000 7,500 7,500 22 ,000 22 ,000 22 .000 10 ,500 22 ,000 22 ,000 22,000 22,000 30 ,000 $300,000 • " .,, . ' I . 0 3 -/ ORDINANCE NO ._ SERIES OF 1999 t-~;,, . ,·~ ·--. .. ,, _,,-- • .. •. I • • BY AUTHORITY .. COUNCIL BILL NO. 31 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN BUCKLEY AIR NATIONAL GUARD AND THE CITY OF ENGLEWOOD FOR USE OF BUCKLEY'S FACILITIES BY THE ENGLEWOOD DEPARTMENT OF SAFETY SERVICES . WHEREAS, the City of Englewood Safety Se f'Vl ces Department requested the use of a designated area of Buckley Air National Guard Base to co nduct a ccident avoidance driving classes for City employees: and WHEREAS, the passage of this Ordmance authorizes approva l of the use of Buckley Air National Guard Base by Englewood Safet y Sen,;ces ; and WHEREAS. the Englewood Safety Se1'V!ces Department will furnish instructors and equipment for these accident avoidance driving classes for City employees: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The "Agreement for Use of Buckley Air National Guard Facilities by Englewood Department of Safety Services to Conduct Driver's Training", attached hereto as "Exhibit A," is hereby accepted and approved by the Englewood City Council. Section 2. The Director of Safety Services is authorized to sign the ''Agreement for Use of Buckley Air National Guard Facilities by Englewood Department of Safety Services to Conduct Driver's Training" for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and passed on first reading on the 171h day of May , 1999 . Published as a Bill for an Ordinance on the 21st day of May, 1999. Read by title and passed on final reading on the 7th day of June , 1999 . Published by title as Ordinance No .~ Series of 1999, on the 11th day of June , 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis , City Clerk -1- ' ' . ., ' .. ' .. .. ' 10 b i ) I • 0 32X - l • • • .. • • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No. ~ Series of 1999. Loucrishia A . Ellis -2- • ., .. ... . ' .. ' . ) I • 0 • • .. • • - ..tcr-r for Vte of lladdey Air Nadoaal Guard Facililics by [apw .... Departmear ctfSdety Serrica ro Cwlact Drmr'1 Trainiac nil 11.-r is made by IDd bl:rwa:a die City of ~ewood (City) aad Buckley >.ir Naiaml Guard a.. (Bae): ~ l. The City daua use of far.ililics at Ille Base for ~ ac:::idcm avoidanc:e dri~ ninml ID City cmp!oyces; -1 2. The Base is ap,able to alla-mg Ille Cuy to use the !"a,;ilitics. provided such use doea DOt interfere widl Bue operations. the City remai11s liable for its uses. the Base does not incur liability. and either ~ may mminm the 3greemc:i1 at will wi without '2USC N-lllenfon. the Par.:ic, agr-ee u follows : J . The City may use sucil fai;ilitics for lhc p~ses of coaduaing dnvcr ·s traming on Base. as approved by the Insiallaiou Commander and/or the Win@ COIIllIIIDdc: ad/or their dcsignee, • such times, plaa:s md m such manner ss pcm!irtcd by the Instal.lmoa Commmda and W°IDC U)ITIDUBldc: 4. The Ciry will ;onduct its operations only oa the ~ portion east of DIXlway '"Mike.- ,. TIie City will notify Base Opcratio111 on my day m whl:!1 it inieu.ds to i:oodw:t training. IDd obwn approval from Base Opcntiom prior to commmcm& 111y dnvcr lnlllffll. Further die City will aotify Base OpcrlPOll5 wbc:i the tniaiJ11 is a,mplcred. 6 . The City will performs Foreign Object Debris (FOO) walk pnor to departing the tniDiDg ua. and remove all MFoo· itans &om dtc cnnunc area. Base Operations will lhcn llOlify Base Civil En&inccrillg of the =1>lctiou of !he i:raanma aad ,!caring of FOO items, so lblt the area em be swept clean . 7. The City 11fCCS to Kccpt all risks assoc:i:ncd with its pn:1C11C.c OD the Base, iacludina liability to Ille Base md all third parties for all forms of damages 11nsin1 from its uses . I . TIie City waives liability, relases, discharge, and coveD111ts aot to sue the Base, Ille S1a1c of Colondo. 1bc Colorado Depanmcnt of Military Affairs, Colorado National Guard. lhc VS. luJ Foree ,-J/or ay of its 1111mbers ot employees Irising from its pmcacc on die Bue. Thew rcsuic:riom apimr acrioa apply to all damages. c:laims, a,;tiom, causes of cioa, cosu. and expenses of my umre in 1-ad/or eqlliry, dial may hereafter arise from this 41eema1 or &om die City's pn:scm:c on !he Base . • IE X H I B I T A I . 0 - • • .. • .· .... • •• 9. Euber pcty may IEi"iidW tliis •™ at my time. wi1boul cause, upon two ww1a wrilf.lD aacice --upaa tbc odlcr party. law..._........,, Ille Plrtia ~ aped 11111 dmm du .c:e ... ...a below: Far Ille City ofEnalcwood: By: ___________ _ Olris Olson, Director of Safety Services Far Buddcy Air National Guard Base: By: __________ _ 2 Date: _______ _ Date: _______ _ ' . ., ' '· 'l I ... I . 0 ·.] • l·t .. , ORDINANCE NO._ SERIES OF 1999 .. • --· • • - BY AUTHORITY .. ... .. ... ' COUNCIL BILL NO . 34 INTROD UC ED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING TITLE 4. CHAPTER 7, SECTION 11 , OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO THE EXTE NS IO N OF THE LIMITED WAIVER OF THE WASTE TRANS FER SURCHARGE . WHEREAS, the City Co uncil of the City of Englewood , Co lorado passe d Or din ance No . 25 , Series 1987 . instituting the Waste Transfe r Surcharge which impos ed a twenty ce nt s urcha r ge on each c ubi c yard or portion thereof by each perso n d1 po in g of trash at a waste transfer facility ; a nd WHEREAS , t h e Englewood City Co uncil passed Ordinance No. 30. S n e of 19 93 . which granted a limited waiver of the Waster Transfer Surcharge until Dece mbe r 3 1, 1995 : and WHEREAS, the Englewood City Co unci l passed Ordinance No . 22 , Series of 1995 . whi ch authorized a limited wai,·er of the Waste Trans fe r Surcharge until Dece mbe r 3 1, 1998 ; a nd WHEREAS, the p assage of this proposed Ordinance will e xtend the wa 1"e r of t he s urcharge until Decembe r 31 , 2001 ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE ITY OF ENGLEWOOD . COLORADO , AS FOLLOWS : Sectjon ) . The City Co uncil of the City of Englewood , Co lor ado he r eby approve s a n amending Title 4 , Chapter 7, Subsection 11 , with the extension of the Limited Waiver of the Waste Trans fer Surcharge to read a s follows : 4-7-11: LIMITED WAIVER OF SU RCHARGE : Th e r eqwr e me nt s of this Ch apte r s h a ll not apply during t he months of May , June , July . Augu s t and Se ptembe r to any Municipality which meets the following cri teria : A. Inco rporated with City Hall within t he bounda r ies of Ar apahoe Co unty . B . Doe s not provide Municipal collection of h ou se hold so lid wa ste directly or indirectly . C. Offers to its citizens the collection of household trash on a limited basis during the months of May , June , July , August and September. This Section shall be effective only until December 31 ,4993 2001 , after whi ch time it shall be null and void without further action of the City . Introduced, read in full , and passed on first reading on the 17th day of May , 1999. -l - • ... ' ' .. . ' ... 10 b ii I • 0 - • • • • / • •• .. ... Published as a Bill for an Ordinance on the 21 .. day of May, 1999. Read by title and passed on final reading on the 7th day of June, 1999. Published by title as Ordinance No .~ Series of 1999, on the 11th day of June , 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I. Loucrishia A. Ellis, City Clerk of the City of Englewood . Colorado . hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 1999 . Loucrishia A. Ellis -2- .. .. ) I • 0 32X --------:-------------=---• - • • .,. tt~!t ~·· . •· . Date June 7, 1999 Initiated By ' .. .. ' • • • • .. COUNCIL COMMUNICATION Agenda Item 10 Ci Staff Source .. ., Subject Award contract for Art at Englewood Station Department of Parks and Recreation Gary Hultberg, Recreation Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved $7,500 in Conservation Trust Funds for Art at the Station in the 1999 budget. RECOMMENDED ACTION Staff recommends that Council award by motion, a contract in the amount of $7,500 to Raymond Tomasso, the successful artist candidate . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED f ()(' ( A special Art at Hampden Station Task Force was established to work with the City and RTD to determine the design and art to be included in the Hampden Light Rail Station. The Committee sent out a call for entries for a piece of art to be placed at the station . Mr. Tomasso's art was selected from 14 entries submitted. FINANCIAL IMPACT $7,500 approved in the 1999 CTF budget UST OF ATTACHMENTS Contract document ' ', .. . ' I . 0 --,---------~---..----:--------.. • • ' 0 • / ' . ·,ti • .. • -... CONTRACT THIS CONTRACT is made and entered into this __ day of June , 1999, by and between the CITY OF ENGLEWOOD . a Home Rule City existing under and by VU"tue of the laws of the State of Colorado, whose legal address is 3400 South Ela ti Street. Englewood , Colorado 80110, hereinafter referred to as the "City'' and RAYMOND TOMASSO hereinafter referred to as the "Artist-Contractor.'' WHEREAS , the Artist-Contractor has submitted its proposal to the City in November of 1998. for the creation. and construction of one piece of artwork hereafter referred to as "Artwork" which is planned to be placed in the Englewood RTD Light Rail Station. located at the CityCenter. Englewood, Colorado. WHEREAS, the City has elected to accept the proposal of the Artist-Contractor, as proposed and presented to the City in the attached proposal submitted November of 1998 and presented to the City in February of 1999; WHEREAS . the City and the . .\rtist-Contractor mutually desire to enter into tlus Contract to purchase the ·'Artwork ;'' NOW , THEREFORE , for the consideration herein expressed, it is hereby agreed upon by and between the City and the Artist-Contractor as follows : l. The Artist-Contractor shall create the "Artwork'' as above described which shall not differ substantially in texture or design and all other details from the submitted proposal as presented by the Artist-Contractor to the City of Englewood in February of 1999 . 2 . The ·' . .\rtwork" shall be created and constructed by the Artist-Contractor at the Artist- Co ntractor's sole expense. 3 . The "Artwork" shall be completed and delivered to the City at a site designated by the City not later than Dece mber l. 1999. in substantial compliance with this Contract and the s pecifications and propos al presented to the City, unless otherwise agreed to in wntmg between the parties. A. The City shall install the artwork in its designated location. The Artist- Contractor will provide recommendations for the installation and maintenance: however. the actual installation of the artwork in its designated location and the location itself shall be made by the City in its sole discretion. ' ' .. .. I • 0 2 - • • .. r---~----------------------------- • '' •' .. '• • - " 4 . Subiect to Paragraph i hereof. the City hereby agrees to pay to the Artist-Contractor seven thousand five hundred dollars (S7 ,500) for all work contemplated by the terms of tlus Contract as follows : the City shall pay to the Artist-Contractor the initial payment of three thousand seve n hundred and fifty dollars ($3 ,7 50) within thirty (30) days of the execution of this Contract, and shall make a final payment of three thousand seven hundred a nd fifty dollars (S3 , 750), upon completion of the project. and its acceptance by the City, said sum to be used t o sausfy any and all legiumate claims of a ny workmen . subcontractors and material men which may have resuited from any facet of the performance rendered by the Artist-Contractor under the terms of th.ts Contract. 5. The Artist-Contractor shall at all times promptly make payments of all amounts lawfully due to all persons s upplying or furnishing it or its subcontractors with labor or materials used or performed in the prosecution of the work provided in th.ts Co ntract, and agrees that 1t will mdemnify and save harmless the City. and its office r s. agents and employees to the extent of any payments in connection with the carrylllg ou t of any such co ntracts which the City may be required to make under law . 6 . Partial and full lien waivers s hall be provided to the City by the Artist-Contr actor w1th regard to pay ments made to all s ubcontractors , workmen. and matenaJmen used by Artist-Contractor . 7. The Artist-Contractor expr essly agrees to be liable for all costs. risks and expe nses incurred by the Artist-Contractor to comply with the terms of this Co ntract and no part of the costs thereof shall be charged to the City. 8. The Artis t-C ontractor 1s , for all purposes of this Contract, an independent . .\rt1st- Contractor and nothing herein co ntamed s hall co nstitute or designate t he Artist- Co ntractor or any of its s ubcontractors. employees, agents, or otherwise as emp loyees or agents of the City . 9. The .-\.rust-Contractor and the City ag ree that this is a contract for expert 10d1v1dual art1st1 c services a nd that th.ts Co ntract 1s not assignable by the Artist-Contractor . 10 . Upon co mmencement of the performance by the .-\.rtist-Contractor on the Artwork. all rights , title and inte rest in the Artwork shall expressly vest in the City. The Ci t y of Englewood shall be the sole owner of the Artwork and the Artist-Contractor hereby expressly waives any and all rights, title, and interest in the Artwork : provided. however, that: A. 8. The parties acknowledge that the value and proper maintenance of a work of art, unlike that of any ordinary property, will affect the future value of other works of art the . .\rtist-Co ntractor. Therefore. the City agrees that it will not intentionally destroy, fail to maintain . damage or otherwise alter the Artwork in any way whatsoever after its completion, without the approval of the Artist-Contractor. provided however, that any approval by the Artist-Contractor shall not be unreasonably withheld. Th.ts shall not preclude the complete removal of the Artwork or any part thereof by the City at the City's sole discretion. -2- •, ... 'I I • 0 • • l • .. ~ • t<c; ... ~ ·, ,~·t, .. • -... ... C. The City further agrees that. in the event of damage to the Artwork. the City will make all reasonable efforts to contract the Artist-Contractor prior to the commencement of any repair or restoration work: and D. The Artist-Contractor waives rights to control and all financial advantage from photographing or otherwise displaying the Artwork and the City Agrees to give credit to the Artist when the City is reasonably able to do so including any plaque, press releases or brochures. 11. The Artist-Contractor hereby expressly warrants that the work to be done bv it. pursuant to this Contract, shall be done in a good and workman-like mann~r and constructed with materials as specified by the Artist-Contractor in its proposal to the City and that the Artwork shall be fully warranted upon completion and acceptance by the Englewood Parks and Recreation Director, a representative of the City's Cultural Arts Commission and the Englewood Public Work's Director, or their designees for a period of twelve (12) months, commencing upon the completion and installation of the Artwork. 12. The Artist-Contractor shall take all reasonable action necessary to protect perso ns and property from injury or loss , throughout the creation and construction. and the .-\rust· Contractor shall hold the City , its officers, agents and employees . harmless from and against all claims , demands , liability, damages, suits, actions or causes of action , of any kind or nature which may be brought or asserted against the City , its officer s , agents and employees , arising from the Artist-Contractor's or its subcontractor's failure to perform in compliance herewith. 13. The Artist-Contractor shall procure all permits and licenses and pay all required charges and fees at his sole expense . 14. Severability. To the extent that this Contract may be executed and performance of the obligations of the parties may be accomplished within the intent of the Contract. terms of this Contract are severable , and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term he reof shall not be co n strued as waiver of any other term . 15. Termination . If the . .\rtist-Contractor fails to perform any of his duties under this Contract or if the completed work of art fails to meet the specification as shown in the request for proposal and the Artist-Contractor's proposal. the City may , without preiudice to any right or remedy and after giving the Artist-Contractor seven (7) days· written notice , terminate this Contract with the Artist-Contractor and may finish the Artwork project by whatever method the City may deem expedient. In such case the Artis t-Co ntractor shall not be entitled to receive any further payment until and unless the work is finished. -3- , .... -,, ) I • 0 32X I - • .. • ./ .. • •• ... If the City decides to finish the project and if the unpaid balance of the Contract sum exceeds the costs of finishing the Artwork project, then such excess shall be paid to the Artist-Contractor. If such costs exceed the unpaid balance, the Artist-Contractor shall pay the difference to the City. CITY OF ENGLEWOOD Thomas J . Burns, Mayor ATIEST: Loucrishia A. Ellis, City Clerk -4- • ,. . ., \ .. ' ) I • 0 32X • • .,. ORDINANCE NO. SERIES OF 1998 1· .. , ~ . . . • ,,-- • ' • - BY AUTHORITY A BILL FOR .. .. .. -.. I I ().., I COUNCIL BILL NO . 24 INTROD~NCIL MEMBE A Hr AN ORDINANCE AMENDING TITLE 7, CHAPTERS 6E AND 6F AND TITLE 15 BY REPEALING AND ADDING NEW SECTIONS THAT ADDRESS POSSESSION AND SALE OF GRAFFITI MATERL\LS AS WELL AS PARENTAL RESPONSIBILITY. WHEREAS , graffiti is a blight to properties; and WHEREAS , graffiti can contain gang related terms ; and WHEREAS , graffiti is not only inconvenient but also causes property damage to the citizens of Englewood ; and WHEREAS , the Englewood Code Enforcement Advi so ry Committee distinguis he s items that may make marks on public property , such as, chalk or wax or othe r ite ms; and WHEREAS , the Englewood Code Enforcement Advisory Committee has recommended and Council feels it is appropriate to address graffiti that damages property and does harm to the citizens of Englewood ; and WHEREAS , the Committee has recommended and Council feels that law enforcement efforts should be addressed toward issues that are more harmful and wishes to remove enforcement against items which are inconvenient but do not cause property damage s uch as chalk or wax ; a nd WHEREAS , use of chalk and other similar item s on public property is no longer a prohibited activity ; and WHEREAS, the Committee and Council wish to aid police officers in preventing graffiti by addressing use and po ssession of specifi c graffiti materials; and WHEREAS, it is found that most graffiti violations are committed by minors ; and WHEREAS, possession would be prohibited when there is an "intent" of using the materials for the application of graffiti ; and WHEREAS, parental permission , school projects, and other lawful endeavors will allow minors to have possession of graffiti materials ; and WHEREAS , the Committee and Council note that theft of specific graffiti materials is harmful to not only the business owner where the theft occurred but also other businesses and homes where graffiti is applied; and WHEREAS , for the protection of all the citizens of Englewood, including the business owners, sales of specific graffiti materials to minors will be prohibited; and -l • ' ... ' . ... I • 0 2 - • • .. • ,,.- • ./ .. ' . ~ • -.. ... ~ COUNCIL COMMUNICATION Date Agenda Item Subject June 7. 1999 11 a i Graffiti Ordinance Initiated By Staff Source Department of Safety Services/ City Attorney Division Chief Robert E. Moore/ Dan Brotzman COUNCIL GOAL AND PREVIOUS COUNCIL ACTION To assist in enforcement of graffiti laws and the reduction of graffiti incidents . RECOMMENDED ACTION Passage of proposed ordinance . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Code Enforcement Advisory Committee has completed extensive research and made several recommendations to the proposed ordinance . This ordinance represents the best portions of other cities' ordinances that are most appropriate for this community . In short , the ordinance addresses graffiti definitions , graffiti prohibited , possession of graffiti materials by minors , prohibited sales of graffiti materials to minors , parental responsibility , and defaced property . This matter was tabled by Council after concerns were raised by the retail community . The Code Enforcement Advisory Committee met with representatives from the retailers and the Ordinance has been modified to reflect those concerns . Representatives from the retail community have offered to provide materials and education for retailers in the City of Englewood . FINANCIAL IMPACT None . LIST OF ATTACHMENTS Proposed ordinance . ., ,. . ' . ' ' ) I • 0 32X - • • • • ,,-- • /' .,.._; .. ' . I ·, • -.. WHEREAS, the Committee and Council recognize the current 24-hour removal requirement from business and homeowners' property is onerous ; and WHEREAS , the Council and Committee wish to use the current a batement process and system to enforce the removal of graffiti : and WHEREAS , the Code Enforcement Advisory Committee met with representatives from the retail community and this Ordinance reflects those concerns; and WHEREAS , the proposed language is based upon representations from the retail community that they will provide materials and education for retailers in the City of Englewood; and WHEREAS , the Englewood Code Enforcement Advisory Committee a nd the Englewood City Council believe these amendments will aid in graffiti enforcement; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNC IL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Colorado hereby a uthorizes the amendment of Title 7, Chapter 6F, by the addition of a new Section 11 , of the Englewood Municipal Code 1985 , entitled "Graffiti Definitions ," which sh all read as follows : 7-6F-11: GRAFFITI DEFINITIONS: FOR THE PURPOSES OF THIS TITLE , THE FOLLOWING WORDS SHALL HAVE THE MEANINGS RESPECTIVELY ASCRIBED TO THEM, EXCEPT WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING: AEROSOL PAINT CONTAINER: BROAD-TIPPED MARKER : ETCHING EQUIPMENT: -2- ANY AEROSOL CONTAINER THAT IS ADAPTED OR MADE FOR THE PURPOSE OF APPLYING SPRAY PAINT OR OTHER SUBSTANCES CAPABLE OF DEFACING PROPERTY. ANY FELT TIP INDELIBLE MARKER OR SIMILAR IMPLEMENT WITH A FLAT OR ANGLED WRITING SURFACE THAT , AT ITS BROADEST WIDTH , IS GREATER THAN ONE- FOURTH (114TH) OF AN INCH, CONTAINING INK OR OTHER PIGMENTED LIQUID THAT IS NOT WATER SOLUBLE . ANY TOOL, DEVICE , OR SUBSTANCE THAT CAN BE USED TO MAKE PERMANENT MARKS ON ANY NATURAL OR MAN-MADE SURFACE . , . . ., ~ ,,,· ... ~ . .. I • 0 - • • • GRAFFITI: PAINT STICK OR GRAFFITI STICK: PERSO .. 1/l • • - .... THE DEFACING OF PUBLIC OR PRIVATE PROPERTY BY MEANS OF INSCRIPTION, WORD , OR FIG URE , DONE BY PAINTING, DRAWING . WRITING , ETCHING. OR CARVING WITH PAINT, SPRAY PAINT. INK Ki."IJIFE , ETCHING EQUIPMENT OR ANY SIMILAR METHOD WITHO UT WRITIEN PERMISSION OF THE OWNER/PROPERTY OWNER . ANY DEVICE CONTAINING A SOLID FORM OF PAINT, EPO:Xt', OR OTHER SIMILAR S UBSTANCE CAPABLE OF BEING APPLIED TO A SURFACE BY PRESSURE AND LEAVING A'.'J INDELIBLE MARK OF AT LEAST ONE-EIGHT (l/8n') OF AN INCH IN WIDTH . ANY INDIVID UAL. PARTNERSHIP , COOPERATIVE ASSO C IATION , PRIVATE CORPORATIO .. PERSONAL REPRESENTATIVE . RECEIVER, TR USTEE. ASSIGNEE , OR ANY OTHER LEGAL ENTITY. Sectjon 2. The City Council of the City of Englewood . Colorado hereby authorizes the amendment of Title 7, Chapter 6F, by amending and renumbering Section 11 , of the Englewood Municipal Code 1985 , entitled "Graffiti Prohibited," which shall read a s foll ows : 7 &F 11. GR..~FITI PR9H1BITl!JE>. It shall he 1u1la .. fol far an, persen te paint, s pra) paint. elra .. , "rilie , elieh , eal"t e er B) an) similar 111ethefi .. hatsee. er fieftiee ttft) p11hlie er pr1 ate JIP!IJle"", , e.1ee11t "ith .. riuen per111iesien ef the e .. ner ef pri ,ete pP!IJlel't), the Cit) Mttna,:er, in the ease ef Cit) prepert), er the s11per o'iser, eftieer ef 8ft) ether 1111hlie pre11ert). 7-6F-12: GRAFFITI PROHIBITED: IT SHALL BE UNLAWFUL TO DEFACE P U BLIC OR PRIVATE PROPERTY BY MEANS OF INSCRIPTION, WORD . OR FIGURE, DONE BY PAINTING, DRAWING, WRITING , ETCHING , OR CARVING WITH PAINT, SPRAY PAINT, INK, KNIFE , ETCHING EQUIPMENT OR ANY SIMILAR METHOD WITHOUT THE PERMISSION OF THE PROPERTY OWNER . Sectjon 3. The City Council of the City of Englewood. Colorado hereby authorizes the amendment of Title 7, Chapter 6E , by the addition of a new Section 9, of the Englewood Municipal Code 1985 , entitled "Possession of Graffiti Materials by Minors Prohibited," which shall read as follows : -3- ., ) I • 0 • t '9 ,, ,,,,... . • l !. ' ' ( ... ... • -' ... 7-6E-9: POSSESSION OF GRAFFITI MATERIALS BY MINORS PROHIBITED: IT SHALL BE UNLAWFUL FOR A PERSON UNDER EIGHTEEN (18) YEARS OF AGE TO POSSESS AN AEROSOL PAINT CONTAINER. BROAD TIPPED MARKER, PAINT STICK OR GRAFFITI STICK WITH THE INTE NT TO SE THE IMPLEMENT OR MATERIAL TO APPLY GRAFFITI. ~-The City Council of the City of Englewood . Colorado he reby authorizes the amendment of Title 7, Chapter 6E , by the addition of a new Section 10 , of the Englewood Municipal Code 1985 , entitled "Prohibited Sale of Graffiti Materials To Minors ," which shall read as follows : 7-6E-10 : PROHIBITED SALE OF GRAFFITI MATERIALS TO MINORS : A. SALE. IT SHALL BE UNLA\\ F UL TO SELL Ai"\'Y AEROSOL PAINT CONTAINER. BROAD-TIPPED MARKER. PAINT STICK OR GRAFFITI STICK TO ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEAR S . B. SIGNS REQUIRED . IT IS UNLAWF UL FOR Al~ PERSON \\'HO SELLS OR OFFERS TO SELL ANY AEROSOL PAINT CONTAINER. BROAD- TIPPED MARKER, PAINT STICK OR GRAFFITI STICK TO FAIL TO DISPLAY A WARNING SIGN IN A PROMINENT PLACE IN THE BUILDING AT ALL TIMES . C. DISPLAY AND STORAGE : 1. EVERY PERSON WHO OWNS . CONDUCTS, OPERATES, OR MANAGES A RETAIL COMMERCIAL ESTABLISHMENT SELLING AEROSOL PAINT CONTAINERS , PAI. T STICKS, OR BROAD- TIPPED l\llARKERS SHALL STORE THE CONTAINERS, STICKS OR MARKERS IN AN AREA CONTINUOUSLY OBSERVABLE , THROUGH DIRECT VIS UAL OBSERVATION OR S URVEILL.\NCE EQUIPMENT, BY EMPLOYEES OF THE RETAIL ESTABLISHMENT DURING THE REGULAR COURSE OF BUSINESS. 2. IN THE EVENT THAT A COMMERCIAL RETAIL ESTABLISHMENT JS UNABLE TO STORE THE AEROSOL PAINT CONTAINERS , PAINT STICKS , OR BROAD-TIPPED MARKERS IN AN AREA AS PROVIDED ABOVE, THE ESTABLISHMENT SHALL STORE THE CONTAINERS, STICKS, AND MARKERS IN AN AREA NOT ACCESSIBLE TO THE PUBLIC IN THE REGULAR COURSE OF BUSINESS WITHOUT EMPLOYEE ASSISTANCE. ~-The City Council of the City of Englewood , Colorado hereby authorizes the amendment of Title 7, Chapter 6F, by the addition of a new Section 13 , of the Englewood Municipal Code 1985, entitled "Parental Responsibility For Graffiti Offenses ," which shall read as follows : ' . ' I· 0 32 • • -• • " • , . ., .. , . • - ., 7-6F-13: PARENTAL RESPONSIBILITY FOR GRAFFITI OFFENSES: A PARENT OR GUARDIAN OF A MINOR COMMITS AN OFFENSE IF HE OR SHE Kl'\IOWINGLY PERMITS THE MINOR TO APPLY GRAFFITI. Sectjon 6 The City Council of the City of Englewood hereby repeals Title 7. Chapter 6F, Section 12 . The City wishes to abate graffiti under the standard abatement procedure of Title 15 and therefore authorizes the addition of a new Section 15, DEFACED PROPERTY , to Title 15 of the Englewood Municipal Code which s hall read as follows: 7 6F 12 . DEFACED PROPERTY: ;',. Deeleretien ef Pttelie !>lttisenee . ,YI prBpert) defeeed 6) ,;Pe!Jiti BP ,;11ng ,;r11!Iit1 lftllt is • isieie te pttelie • ie .. is heree) deei11Pe8 l6 ee II pttelie Ht1is11nee 1188 in the interest ef pttelie he11lth . s11fet), mer11ls 1111d ,;e11er11l .. elfaPe , sh11H ee 11e11teli 113 se t forth in this Seetien. 8 . Aelllement ef Gr11ffiti eP G11n,; GP11ffiti . \Vhene. eP 11n, ,;r11ffiu BP ,;11ng ,;r11ffiu sh11H ee fettnd , the Cit) M11n11geP er his de3ignee 381111 BP8eP the Beettpant e P a .. neP ef the J!PBJ!ePt) ttpen .. hieh the gp11ffiti eP g11ng ,;r11ffiti 381111 e .mt. 11t his e , n e.rp e nse. te Peme, e eP eePPeet the s11me .. ithin t .. ent, fettP (l!4) hellf's BP s tteb p e Pted 1n e .teess Bf t .. ent, fettP (21) hettrs 11s designeted in .. Piting 8) the Cit) ManegeP eP ~us tles1g11ee , the Cit) M11n11geP eP his desig11ee fflll) eettse the ,:t"Rffitt eP g11ng ,;rllffiu te l,e Peme. ed er eePPeeteli end 1111 e,ipe11ses i11et1Preli sh11H ee 11seeseed t1pe11 e tteh II let eP J!Pem1se s e11 .. h1eh the ,;r11ffiti er g1111g ,;r11ffiti e.tist.ed . 15-15-1: DEFACED PROPERTY; ALL PROPERTY DEFACED BY GRAFFITI WHICH IS \lSIBLE TO P U BLI C VIEW IS HEREBY DECLARED TO BE A PUBLIC NUISANCE AND SHALL BE DEEMED UNLAWFUL. Sectjon 7. Penalty Provisjon. The Penalty Provis ion s ofE.M.C . Section 1-4-1 s h a ll apply to each and every violation of this Ordinance. Sectjon 8. Restjtutjon : Mandatory restitution shall be required unde r Section 1-4-7 of the Englewood Municipal Code. Sectjon 9. Safety Clauses The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained . Sectjon I 0 . Seyerabjlity If any clause , sentence. paragraph. or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to -5- • . ' I • 0 - • • • .. " ,,-- • ~ ' ~-;-. .-r.·-.. .. .. . ,. • -.. .... other persons or circumstances. Section 11 Inconsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 12 Effect of repeal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release , extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions , suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree , or order which ca n or may be rendered , entered, or made in such actions, suits, proceedings, or prosecutions. Introduced, read in full , and pulled from the Agenda on first rea ding on the 7th day of June, 1999. Published as a Bill for an Ordinance on the 11th day of June , 1999. 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 , and passed on first reading on the 7th day of June , 1999 . Loucrishia A. Ellis -6- '· .. ,, .., "' ~ ' ~ ... .. 1 I -i I I I • 0 32X • • THE NATIONAL COUNCIL TO PREVEIT . DB.INOUENCY I Values Responsibility 1 Direction . -. .. NCPD Hon. Thomas J. Bums, Mayor Englewood City Council .. ,,... .. • • - Code Enforcement Advisory Committee City of Englewood 3'00 S. Elati Englewood, CO 90110 , . June 7, 1999 Dear Mayor Bums, Council and Committee Members: ·. P .02 I am writing in ragard to Council Bill No. 24 which prohibits the sale of aeroeol paint, markers and paint sticks to minors; sets a prudent display standard for retailers aelHng these producta; and establishes the responsibility of parents in regard to graffiti vandalism by juveniles. Earlier this year, we had the privilege of meeting with Englewood police and code enforcement officers and, later, with the Code Enforcement Advisory Committee to dlscull these ialues. It is heartening to see that many of their program recommendations have prog1'8188d to legislative fonn. Should you enact this ordinance, the Anti-Graffiti Project would be happy to help in its implementation by providing retailer education and training materials to effect compliance with the ban on sale to minors and to assure the proper uae of effective theft prevention techniques. We also stand ready to provide whatever other help we can toward making your anti-graffiti program a succesa. sz~ Robert N. Hills Executive Director PO BOX 1667S • ALEXANDRIA, VA 22J02-867S • TELEPHONE 703-7S1-9S69 • FAX 703-751 -3S07 •EMAIL NCPDgrai@croluom. TOTAL P.02 • I . 0 - • • THE NATIONAL COUNCL TO PREVENT DELINQUENCY Values Responsibility Direction / .. ~ -·,.. • '"t\.'" .. .. • I -. • • • ... .. •, P.01 FAC$1M!bE IBAN§Ml$§1QN TO: .A.r:z.>:t..:: ..... ~.!..:..'f.. .. r.k.~ ~ FAX NO.: .la.eJ .... 2.r..'f. ..... /.!.f.~- FAOM: ..... P..9.IE&r.:.f.ll.!J.S. ... DATE: ...... Ct. .. :: .. Z..:: .. 1:2. .......... . Page 1 of ;2..- --~---~-~~--- COMMENTS: ·······················•·•···············•·······································•··············· . ................................................. :. .. , ............................................ . ·········································•••·············•········································ ································•········•••······•··•••·•··•··•••·•······························ I • C, X ·.J-- • ORDINANCE NO._ SERIES OF 1999 .. " • • •• BY AUTHORITY A BILL FOR .. ... I { (>--I I COUNCIL BILL NO. 39 INTRODU-J!t:;J,,UNCIL MEMBER iJ1. 'Jt) AN ORDINANCE SUBl\rITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE 1EXT SCHEDULED GENERAL MUNICIPAL ELECTION A Q ESTION AUTHORIZING ADDITIONAL CATEGORIES OF THE PREVIO US LY ESTABLISHED OCCU PATIONAL TA..'\ 0 1. LIQ UOR LICENSED BUS INESSES . WHEREAS , the City Council of Englewood, Co lorado ha s dete rmine d that it 1s necessary to establish an annual Oc cupational Tax for the following classifications of Liquor Licenses within the Ci ty: Brew Pub License , Optional Pre mi ses Li ce n se , Optional Premises with H otel/Resta urant Li ce n se. a nd Mini Ba r Perm it: a nd WHEREAS , the Engl ewood City Co uncil finds that s uch modifi ca ti on of t he Englewood Municipal Code is necessa r y beca use in 198i the Code wa s am e nd ed by changing the term ·'Occup a tio nal Fe e·· t o "Occupational Ta x" due t o t h e lim its placed on municipalities by the State in assessing ce rtain fees ; a nd WHEREAS , Article X. Section 20 of the Colorado Constitution requires th at the City have voter approval prior to a new Occupational Ta x; and WHEREAS , the City of Englewood and the Arapahoe County Clerk a nd Reco rd e r are in agreement that procedures ma y be implemented to coo rdinate thi s issue ; NOW , THEREFORE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOW S: Sectjon 1. Pursuant to the provisions of law the City of Englewood he r e by s ubmits for a vote of the registered electors of the City of Engle wood a t the 1999 General Municipal Election the following issue and the ba llots for said e lection s hall carry the following designation which s hall be the s ubmi ssion clause : SHALL THE CITY OF ENGLEWOOD TAXES BE INCREASED $10,000 (FIRST FULL FISCAL YEAR DOLL.\R INCREASE) ANNUALLY BY IMPOSING OCCUPATIONAL TAXES (WHICH TAXES SHALL ONLY BE IMPOSED ON LICENSE HOLDERS) ON THE FOLLOWING CLASSIFICATIONS OF LIQUOR LICENSES IN THE CITY OF ENGLEWOOD: BREW PUB LICENSE ($750.00 PER YEAR), OPTIONAL PREMISES LICENSE ($650.00 PER YEAR), OPTIONAL PREMISES LICENSE WITH HOTEURESTAURANT LICENSE ($100.00 PER YEAR), AND MINI BAR PERMIT ($450.00 PER YEAR). YES __ NO -1 - ' . I • 0 .]- • • .. ~ ,,,-- • .. t'f~~ . -./ ... .. -· .. "' • ' .. -' ... In addition to the license fee for the HoteVRestaurant license , the State charges $75 .00 per year for each additional optional premise. Cities, however, are not allowed to charge a license fee in addition to the city HoteVRestaurant license fee . Even adding optional premises to an existing HoteVRestaurant License requires special legislation by the local licensing authority. This is the same prerequisite , mentioned above , applicable also to the Optional Premises License . MINI BAA PERMIT The Mini Bar Permit allows a hotel to sell alcohol beverages in sealed containers , at any time , by means of a mini bar located in hotel guest rooms, to adult, registered guests of the hotel , for consumption in such guest rooms. A hotel is not required to obtain a Mini Bar Permit for the rooms located on the same licensed premises for which the HoteVRestaurant License is issued. However, §12-47-411(3)(c) CRS, allows a hotel, with a HoteVRestaurant License , to enter into a contract with a nearby lodging facility for the purpose of authorizing such lodging facility to sell malt, vinous and spirituous liquors by means of mini bars, if such lodging facility and hotel share common ownership and are located within one thousand feet of each other. BED AND BREAKFAST PERMIT Establishments holding a Bed and Breakfast Permit must adhere to the following: a) Not more that 20 sleeping rooms b) Complimentary alcohol beverages may be served to overnight guests only c) Must provide at least one meal a day at no extra cost d) Must designate hours in which complimentary alcohol will be served (not to exceed 4 hours a day) e) May not HI! alcohol beverages Currently, Bed and Breakfasts would only be allowed in the B-1 and B-2 zone districts in Englewood , which is not where you would typically find them . It is our understanding that the 1999 zoning ordinance may contain a specific allowance for Bed and Breakfasts in the R-3 zone district . ' . ., ,- .,; .. , .. I· C, 32X .. .,.. .. • ). • - COUNCIL COMMUNICATION Date Agenda Item June 7, 1999 11 a ii Initiated By Staff Source .. Subject Proposed ordinance setting a ballot question regarding Liquor Occupation Taxes ' . Frank Gryglewicz, Director of Financial Services Liquor Licensing Authority and Brenda Castle , Deputy City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council reviewed this recommendation at the February 8 , 1999 Study Session . RECOMMENDED ACTION Council approval of a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood , at the next scheduled General Municipal Election , November 2 , 1999, a TABOR question establishing an annual Occupational Tax for each of the following classifications of license : Brew Pub License $750.00 $650.00 Optional Premises License Optional Premises with H/R license Mini Bar Permit $100.00 for each optional premise $450 .00 The other category, Bed and Breakfast Permit, would not be included in the ballot question . As discussed at the February 8, 1999 Study Session, no Occupational Tax is recommended for this 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 . If the question is approved by the voters, council bills will be presented to Council for consideration. amending the Englewood Municipal Code 1985 to include the Occupational Taxes for each new classification and establishing an Optional Premises License , as required by State Statute . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Under TABOR, approval of a new Occupational Tax must be obtained from the voters . 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 . 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 . UST OF ATTACHMENTS Description of four categories of license/permit Proposed Council Bill No. 39 • I· 0 • • • .. --· • ,· .. • -' BREW PUB LICENSE Th is is a relatively new classification of liquor license , created in 1996 through House Bill 1168. Previously , Brew Pubs were allowed by the State when a licensee obtained certain multiple licenses , including a Hotel and Restaurant License and a Manufacturer's License. The new Brew Pub License simplified the process by requiring only one license , and requires approval through the local liquor licensing authority prior to consideration by the State . The applicat ion process is the same as for other classifications of liquor licenses. Under the new statutes, Brew Pubs can be described as follows : a) May manufacture not more than 1.86 million gallons of malt liquor on-premises each year . b) May self-distribute up to 300,000 gallons of their own product per year. c) May sell their own product to off-premises consumers during the same hours as reta il liquor stores , 8:00 a.m . to midnight, every day except Sundays and Christmas . d) May sell their own product and any other malt, vinous and spirituous liquor by the dr ink on-premises from 7 :00 a.m . to 2 :00 a.m . 365 days a year . e) Must sell full meals , equaling at least 15 % of their gross income , from 8 :00 am. to 8 :00 p .m . OPTIONAL PREMISES There are two types of "optional premises" under the Colo rado Liquor Code . The first is the Opt iona l Premises License, This is a separate license, just like any other liquor license (e .g . tavern , beer and wine , etc.). The second is the "optional premises" which can be added to an existing hotel and restaurant liquor license . The first type, Optional Premises License. can be issued only to license an outdoor sports and recreational facility . Golf courses , tennis clubs, and outdoor swimming pools are facilit ies that would be eligible for this type of license . Because the Optional Premises License is a separate and distinct license, a person holding this type of license can not also hold a tavern , hotel/restaurant, liquor store , or any other class of liquor license . A person could , however , hold an Optional Premises License and , at the same time, hold one or more 3.2 beer licenses for other locations . The Optional Premises License allows the sale and service of repeal beer (6 % or higher alcohol content), wine, and spirits within the licensed area . No food service is requ ired , although the Optional Premises licensee may offer food if he/she desires . Hours of sale and service are the same as for taverns and on-premises liquor licenses : 7:00 a.m. to 2:00 a .m ., 365 days a year . The State and City license fees are the same as those charged for a Hotel and Restaurant Liquor License . No Optional Premises License can be issued unless the local licensing authority (i.e . city or county) has enacted special legislation to permit optional premises . Such legislation usually will specify such basic requirements as the permissible sizes of the licensed areas , the types of facilities eligible for the license, and other control measures . The second type of "optional prem ises" is that which can be added to an existing Hotel/Restaurant License . This species of optional premises is not a separate license ; it merely serves to add outdoor facilities to the existing license. The Hotel/Restaurant License is extended to cover the optional premises in addition to the areas already licensed under the Hotel/Restaurant License. Therefore , there are no changes in hours of service, food service, or any of the existing requirements provided by the current license. The licensed premises merely is expanded in size when a Hotel/Restaurant licensee adds optional premises . • I • 0 - • • • ~ ,,,-- • .. "';,,·. .. .. ·~ ,.,., • -.. Sectjon 2. Each elector voting at said election and desirous of voting shall indicate his choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used . Section 3 The proper officials of the City of Englewood shall give notice of said general municipal election, such notice s hall be published in the manner and for the length of time required by law , and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law . Sectjon 4. If the majority of the registered electors voting at said election vote yes for said proposition, the City Council shall at the earliest practical and lawful time adopt an ordinance conforming to the affirmative vote of the majority of said registered electors voting at said election. Section 5 If any section, paragraph. clause, or other portion of this ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this ordina nce . Introduced , read in full, and passed on first reading on the 7th day of June, 1999. Published as a Bill for an Ordinance on the 11th day of June , 1999. 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 71h day of June , 1999 . Loucrishia A. Ellis -2- ·~· , . ... . ' \. I • C, 32X ORDINANCE NO._ SERIES OF 1999 ~ ,,-. • . ; • - BY AUTHORITY A BILL FOR .. ... ' COUNCIL BILL NO . 35 INTRODU!L°UO~CIL MEMBER " ~"<. AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED REG ULAR MUNICIPAL ELECTION A PROPOSED AMENDMENT TO SECTION 23 OF THE HOME R LE CHARTER OF THE CITY OF ENGLEWOOD WHICH WOULD RED UCE THE AGE FROM 25 YEARS TO 21 YEARS OF AGE AS A QUALIFICATION TO BECOtvlE A COUNCILPERSON . WHEREAS , the City of Englewood's Home Rule Charter currently sets forth that a citizen must be at least 25 years of age to qualify as a Councilperson: and WHEREAS , after due consideration the Englewood City Council has determined that it is more appropriate to have a qualifymg age of 21 years; and WHEREAS, Council believes that at the age of 21 a citizen of Englewood is capable and qualified to make sound decisions on behalf of the City of Englewood ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon 1 There is hereby submitted to the registered electors of the City of Englewood at the next sc heduled regular municipal election proposed amendment to the Charter of the City of Englewood . as follows : 23 : Question No ARTICLE III LEGISLATIVE BODY QUALIFICATIONS OF COUNCILPERSONS No person shall be eligible for the office of Councilperson unless at the time of the election the person is a citizen of the United States, at least t .. eftt;~ {i.e (.J!e.) TWENTY-ONE (21) years of age , shall have been for one year immediately preceding such election a registered elector of the City . Councilpersons elected by Districts shall also be residents and registered electors of their districts . No member of the Council shall hold any other public office or employment for which compensation is paid from any municipality. -1- ., ... . I • 0 - • • • .. ~ _. • ./ ,-;,,~.· ... • . .. • I • -' Sectjon 2 The voting machines, paper ballots or mail ballots for said election shall carry the following designation which shall be the submission clause : Question No Shall the Home Rule Charter of the City of Englewood Section 23 -Qualifications of Councilpersons of Article III. be amended by reducing the minimum age for the qualification of Councilpersons from 25 years of age to 21 years of age? ___ Yes No Sectjon 3. Each elector voting at said election and desirous of voting s hall mdicate his choice by depressing· the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used . Sectjon 4 The proper officials of the City of Englewood shall give notice of said general municipal election, such notice shall be published in the manner and for the length of time required by law , and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law . $ectwn.5. Only if the question is approved by the registered electors of the City of Englewood shall the Article be amended and the Charter, as amended, certified to the Secretary of State. Sectjon 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or une.nforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full , and passed on first reading on the 7•h day of June , 1999 . Published as a Bill for an Ordinance on the ll'h day of June , 1999 . Thomas J . Burns, Mayor AITEST: Loucrishia A. Ellis, City Clerk -2- • .. ..: .. ' ., ' .. ' ) I • 0 32X - • • • .. • ,,-- < • '"tr;.:'' "{ '. r . . . ... -·· .. • -.. ' .. 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 7th day of June , 1999. Loucrishia A. Ellis -3- • ' .. .. ,. <, .. .. ... ) I • 0 32X • • -•' _ ......... • •• .. FAX No. of Pages including cover sheet-_,,._.S::........,9_ TO : CHRISSY FROM: COMPANY: Company: PHONE: PHONE : FAX: 303-592-5460 FAX: • .. Date: ___ 6fl~/99=-- Brenda Castle City of Englewood , co 303-762-2405 303-789-1125 • ) ' . ., . .. \ ', • I ' . I . 0 32X • • ,. ./ ORDINA. CE ::-10 . _ SERIES OF 1999 ,, ~ -----• • - BY AUTHORITY A BILL FOR .. .. ' I ( (l t I COUNCIL BILL NO . 39 1::-ITRODUCED BY COUNCIL ~lE::VIBER~~~~~~~ AN ORDINAi\/CE SUBMITTING TO .-\ VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE ::-IEXT SCHEDULED GENER.-\L MUNICIPAL ELECTION.-\ QUESTION AUTHORIZING ADDITIONAL CATEGORIES OF THE PREvlOCSLY ESTABLISHED OCCCPATIONAL TAX ON LIQCOR LICENSED Bl.iSI.:,..."ESSES . WHEREAS , the City Council of Englewood . Colo rado has determined that 1t 1s necessary to establish an annual Occupational Tax for the following classificat1o n s of Liquor Licenses withm the City: Brew Pub Licen se. Opnonal Pre mi ses Li ce n ·e . Optional Premises with Hotel/Restaurant L1 ce nse . a nd :\llm Bar Pe rmit ; and WHEREAS , the Englewood C1ty Co unct.l fi nd s that such modific:mon of the Engle woo d Municipal Code 1s ne cessa r y beca use m 19 7 t he Code wa s amended by changing the term ·'Occupationa l Fe e·· to "Oc cup a 1on al T:ix ·· d ue t o the li m it placed on municipalities by the State m assess mg ce rtain fees : a nd WHEREAS, Article X . Section 20 of the Colorad o Const1tut1 on r eq uue s that the City have voter approval prio r to a new Occupat10 nal Ta x : and WHEREAS. the City of Englew ood and the .-\ra pahoe County Clerk and Re co rder are in agreement that procedures may be implemented to coo rdinate this is s ue ; NOW , THEREFORE. BE IT ORDAI:-JED BY THE CITY COC:'1/CIL OF THE CITY OF E:-.GLEWOOD , COLORADO , AS FOLLOWS : Sectjon l. Pursuant to the prov1sions of la w the C1ty of Englewood hereby submits for a vote of the registered electors of the City of Engl e wood at the 1999 General :\fonici pal Election the follo wing issue and the ballots for said election s hall carry the following designat10n which shall be the s ubm issio n clause : SHALL THE CITY OF E::-IGLEWOOD T.-\XES BE I::sJCREASED $10.000 (FIRST FCLL FISCAL YEAR DOLL-\R !~CREASE) A:-.~1.:.-\LLY BY IMPOSING OCCUPATIONAL TAXES (WHICH TA.."G:S SH..-\LL O~LY BE IMPOSED ON LICENSE HOLDERS) ON THE FOLLOWING CL-\SSIFICATIONS OF LIQUOR LICE::s!SES IN THE CITY OF EI\GLEWOOD : BREW P UB LICENSE ($750.00 PER YEAR), OPTIONAL PRE::VIISES LICEl':SE ($650 .00 PER YEAR), OPTIONAL PREMISES LICENSE WITH HOTEUREST.-\UR.-\::-IT LICENSE ($100.00 PER YEAR), AND MINI BAR PERMIT ($-150.00 PER YEAR). YES NO -I - • . ' • ' . I I • 0 - • .. • .. : .... f ··• .. • -.. ' ., Sectjon 2. Each elector voting at said election and desirous of voting shall indicate his choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Sectjon 3 The proper officials of the City of Englewood shall give notice of said general municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law . Section 4. If the majority of the registered electors ,·oting at said election vote yes for said proposition, the City Council shall at the earliest practical and lawful time adopt an ordinance conforming to the affirmative vote of the majority of said regist e red electors voting at said election. Section 5 If any section. paragraph, clause , or othe r portion of this ordinance is for any reason held to be invalid or unenforceable . the invalidity or unenforceabili ty shall not affect any of the remaining portions of t his ordinance. Introduced, read in full , and pass ed on first r e adin g on t he ith day of June , 1999. Published as a Bill for an Ordinance on the 11th d ay of June , 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis. City Clerk I. Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true cop y of a Bill for an Ordinance, introduced. read in full, and passed on first reading on the ith day of June, 1999. Loucrishia A. Ellis -2- • ' .. ,. ' I • 0 32X ·.] • • • ORDINANCE NO . __ SERIES OF 1998 '. --. • '' • • BY AUTHORITY A BILL FOR .. ... ... 1/0--' COUNCIL BILL NO. 24 INTRODUCED BY COUNCIL MEMBER ______ _ AN ORDINANCE Ai\1:El\'DING TITLE 7, CHAPTERS 6E Ai'ID 6F Ai'ID TITLE 15 BY REPEALING AND ADDING NEW SECTIONS THAT ADDRESS POSSESSION Al\'D SALE OF GRAFFITI '.\1..-\TERULS . .\SWELL AS PARENTAL RESPONSIBILITY . WHEREAS . graffiti is a blight to properties ; and WHEREAS . graffiti ca n contain gang related terms: and WHEREAS, graffiti 1s not onlv incom·enienc but also ca uses property damage to the citizens of Englewood : a nd WHEREAS. the Englewood Code Eniorcement . .\d nsory Co mm ittee distinguishes items that may make marks on p ub iic property, such as. chalk or wax or other item s: and WHEREAS , the Englewood Code Enfo rcement Advisory Committee has recommended and Council feels it is appropriate to address graffiti that damages property and does harm to the citizens of Englew ood : and WHEREAS , the Comm.ittee has reeommended and Council feels that law enforcement efforts shpuld be addressed to ward issues that are more harmful and wishes to remove enforcement against items which are mconveruent but do not cause property damage such as chalk or wax ; and WHEREAS, use of chalk and other similar item s on public property is no longer a prohibited activity: and WHEREAS, the Committee and Council wis h t o aid po lice officers in preve nting graffiti by addressing use and poss ession of specific graffiti materials ; and WHEREAS , it is found that most graffiti violations are committed by minors ; and WHEREAS, possession would be prohib ited when there is an "intent" of using the materials for the application of graffiti ; and WHEREAS, parental permission , school projects , and other lawful endeavors will allow minors to have possession of graffiti materials: and WHEREAS , the Committee and Council note that theft of specific graffiti materials is harmful to not only the business owner where the theft occurred but also other businesses and homes where graffiti is applied: and WHEREAS. for the protection of all the citizens of Englewood. including the business owners, sales of specific graffiti materials to minors will be prohibited ; and -l - .. ' ,, I • 0 I - • • .. .. • • • WHEREAS, the Committee and Council recognize the current 24-hour removal requirement from business and homeowners' property is onerous: and WHEREAS , the Council and Committee wish to use the current abatement process and system to enforce the removal of graffiti: and WHEREAS, the Code Enforcement Ad,.;sory Committ ee met with representatives from the retail community and this Ordinance reflects those co ncerns : and WHEREAS, the proposed language is based upon representations from the retail community that they will provide materials and education for retailers m the City of Englewood ; and WHEREAS , the Englewood Code Enforcement Ad viso ry Co mmittee a nd the Englewood City Council believe these amendments will aid in graffiti enfor cement: NOW , THEREFORE , BE lT ORDAINED BY THE CITY CO UNCIL OF THE C ITY O F ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon L The City Council of t he City of Englewood. Co lor ado he reby a uthori zes the amendment of Title i . Chapter GF , by t he a dditio n of a new Sectio n 11. of t h e Englewood Municipal Code 1985 , e ntitled ·'Gra ffiti De fini t ion s .'' which s h all re ad as follows : 7-6F-11: GRAFFITI DEFINITIONS : FOR THE PURPOSES OF THIS TITLE , THE FOLLOWING WORDS SHALL HA VE THE MEANINGS RESPECTIVELY ASCRIBED TO THEM. EXCEPT WHERE THE CONTEXT CLEARLY INDICATES A DIFFERENT MEANING: AEROSOL PAINT CONTAINER : BROAD-TIPPED MARKER : ETCHING EQUIPMENT: -2- ANY AEROSOL CONTAINER THAT IS ADAPTED OR MADE FOR THE P URPOSE OF APPLYING SPRAY PAINT OR OTHER SUBSTANCES CAPABLE OF DEFACING PROPERTY. ANY FELT TIP INDELIBLE rvL>IBKER OR SIMILAR IMPLEMENT WITH A FLAT OR ANGLED WRITING SURFACE THAT. AT ITS BROADEST WIDTH , IS GREATER TH.AJ.'1 ONE- FOURTH (1/4™) OF A."11.1 INCH , CONTAINING INK OR OTHER PIGMENTED LIQUID THAT IS NOT WATER SOLUBLE . ANY TOOL, DEVICE , OR SUBSTANCE THAT CAN BE USED TO rvL,\KE PERMANENT MARKS ON ANY NATURAL OR MAN-MADE SURFACE . , . \. - I • 0 32X • • • ·~ GRAFFITI: PAINT STICK OR GRAFFITI STICK: PERSO!.'-: .. ~ --· • .. • -' .... THE DEF.-\CING OF PUBLIC OR PRIVATE PROPERTY BY MEANS OF INSCRIPTION , WORD , OR FIGURE. DONE BY P.-\INTING , DRAWI:s/G . WRITING. ETCHING . OR CARVING WITH P.-\INT , SPRAY PAINT . INK , K."11FE . ETCHING EQUIP~IE:s!T OR A.\IY SI'.\ol!L.\.R :',,IETHOD WITHO UT WRITIE:-1 PERMISSION OF THE OW:s/ER/PROPERTY OWNER . . .\..\i-Y DE\1CE CONTAINING A SOLID FOR-'1 OF PAl~T. EPO:>.-Y . OR OTHER Sl-'!IL\R SL13STA:s!CE CAPABLE OF BEI:s!G .-\PPLIED TO A SCRFACE BY PRESSL'RE A'.'-1) LEAv1:s/G .-\'.'/ 1~1)ELIBLE -'I.ARK OF AT LE.-\ST 01\"E-EI GHT (1 / m ) OF A:-1 I:S:CH I:S: \\'!DTH .-\~·y l::S:Df\1Dt:.-\L . PA.RT::S:ERSHIP . COOPER.-\TIYE AS SOC IATI O'.'-. PRI \.ATE CO RP ORATI O'.'i , PERSO ::S:.-\L REPRE S E'.'iTATIVE . RECEl\'E R. TR L.STEE . ASSJG;-,:EE. OR A~-Y OTHER LEGAL E:s/TITY. Section 2. The City Council of the City of Englewood . Colorado hereby authorizes the amendment of Title 7, Chapter 6F, by amending and renumbering Section 11 , of the Englewood Municipal Code 1985, entitled "Graffiti Prohibited ." which s ha ll read as follow s: 7 SF 11. GR,\FFITI PROHIBITED . It 3ht1H 'ee ~Hie ·tttl fer aH, flerseH te fl!lt:t.t , BflF8J p!!il'lt . firs", .. rite , eteh. e81'\ e ere, 81'1) 3imtl8t eeths a .. h11ts ee, et aefaee al't_. pttblie er pri 8te prepert_., , e.Eeept .. ith .. rittel'l flfPlftis _isl'l sf the e .. net e f fl Pt 1He prepe~), the Cit) ?.le.n!!ger , il'l the ease ef Cit, ptBflert_;. er the S~fler oissr, sffiee. af 81'1) t1ther pttblie prt1pert). 7-6F-12: GRAFFITI PROHIBITED: IT SHALL BE C'.'i L-\WF UL TO DEFA CE PUBLIC OR PRIV.-\TE PROPERTY BY MEANS OF l:'.\SC RIPTION , WORD . OR FIG URE , DONE BY PAINTING , DRAWING , WRITI~G. ETCHI'.'/G , OR C . .\.Rv1 :S:G WITH PAINT , SPRAY PAINT , INK , KNIFE . ETCH!i'.\G EQCIP:',,[E:s/T OR . .\..'\·y SIMILAR METHOD WITHOUT THE PERMISSION OF THE PROPERTY OW:S."ER. Section 3. The City Council of the City of Englew ood . Colo rado here by authorizes the amendment of Title 7, Chapter 6E , by the addm on of a ne w Section 9, of the Englewood Municipal Code 1985 . entitled "Possession of Graffiti Materials by Minors Prohibited," which shall read as follows : -3- ' . I • 0 • • .. • • - •1 7-6E-9: POSSESSION OF GRAFFITI MATERIALS BY MINORS PROHIBITED: IT SHALL BE UNLl WFUL FOR A PERSON UN DER EIGHTEEN (18 ) YEARS OF AGE TO POSSESS A.'i AEROSOL PAINT CONTAINER. BROAD TIPPED MARKER , P . .\1::-.IT STICK OR GRAFFITI STICK WITH THE INTENT TO USE THE IMPLE:VIE::-.IT OR :'vL-\TERIAL TO APPLY GRAFFITI. Section 4. The City Council of the City of Englewood. Colorado hereby authorizes the amendment of Title 7, Chapter 6E , by the addition of a new Section 10 . of the Englewood Municipal Code 1985 . entitled ''Prohibited Sale of Graffiti :Vlaterials To Minors." which shall r ead as follows: 7-6E-10: PROHIBITED SALE OF GRAFFITI MATERIALS TO :vll'.IIORS : A. SALE . IT SHALL BE UNLAWF UL TO SELL AN-Y AEROSOL P . .\1::-.IT CO NT . .\JNER. BRO AD -TIPPED )•L-\RKER. P . .\1. T STICK OR GRAFFITI STICK TO A::-.IY PERSO N U:siDER THE AGE OF EIGHTEE:si (18) 'YE.-\RS . B. SIGNS REQ CIRED . IT IS CNL.\\\"F CL FOR . .\)iY PERSO::-.: WHO SELLS OR OFFERS TO SELL A:-..1· AEROSOL P . .\1::-.:T CONT . .\1'.\"ER. BROAD- TIPPED MARKER . PAl::-.:T STICK OR GRAFFITI STICK TO F . .\JL TO DISPLAY A W . .\R~l::-.IG SIG:si I'.'i . .\ PROMI::-.:E:-JT PLACE I:si THE BUILDI::-.IG • .\T . .\LL Tn-IES . C. DISPLAY A)l'D STORAGE : 1. EVERY PERSO::-.: WHO OW:"/S . COKDL'C TS , OPERATES , OR i\11.-\:-,/AGES A RETAIL CO)~IERCL.\L ESTABLISHMENT SELLING AEROSOL PAI'.'i T co ::-.:T . .\I~"ERS . P . .\INT STIC KS , OR BROAD- TIPPED '.\L.\RKERS SH..\LL STORE THE CONTAINERS , STICKS OR :Vl.-\RKERS 1:-.1 AN AREA CON TI::-.ICO US LY OBSERVABLE , THROCGH DIRECT vlSl"..\L OBSE RVAT ION OR SURVEILLA..'iCE EQUIP'.\IENT , BY E'.\IPLOYEES OF THE RETAIL EST . .\.BLISH:VIE::-.:T DCRING THE REG ULAR COURSE OF BUSI!\1ESS . 2. I N THE EVENT THAT A COl\NERCL.\L RETAIL EST • .\.BLISHMENT IS UNABL E TO STORE THE AEROSOL PAI. T CONT • .\INERS, PAI::-.IT STICKS . OR BROAD-TIPPED :\11.-\RKERS IN AN • .\REA AS PROVIDED ABOVE , THE EST ABLISHME. T SHALL STORE THE CONTAINERS , STICKS , AND l\11.-\RKERS IN A,'i AREA NOT ACCESSIBLE TO THE PUBLIC IN THE REGULAR COURSE OF BUSINESS WITHOUT EMPLOYEE ASSISTANCE. Sectjon 5. The City Council of the City of Englewood , Colorado hereby authorizes the amendment of Title 7, Chapter 6F, by the addition of a new Section 13 . of the Englewood Municipal Code 1985, entitled "Parental Re spo nsibility For Graffiti Offenses ," which shall read as follows: -4- • I I . 0 • '· .. ,,--· • • - .. 7-6F-13 : PARENTAL RESPONSIBILITY FOR GRAFFITI OFFENSES: .. A PARENT OR Gt.:ARDlAN OF A '.\1:INOR COM~IITS .-\~ OFFENSE IF HE OR SHE K..'iOWINGLY PE&\'1ITS THE '.\1:I~OR TO APPLY GRAFFITI. Secuon 6 The City Council of the City of Englewood hereby repeals Title 7, Chapter GF , Section 12 . The City wishes to abate graffiti und e r the standard abatement procedure of Title 15 and therefore authorizes the addition of a new Section 15, DEFACED PROPERTY . to Title 15 of the Englew oo d i\'1uni cipal Code which s hall read as follows : 7 6F i? DEF.\CED PROPERTY . :',. Deelaratien ef Ptthtte )lttLanee .. Yl. 131e13el't. aef1teea li: gpaffiti BP gang g'!'affit1 that is >isihle te 131:thtte , ie .. is hePeh_. aeelluea te he a 13 tthlie nttt-enee 1tfla in the intePest ef 131:11,lie health, sefet_.. mera1s af!a geHePal .. elfePe , sheH he 1teetea a s se t fe!.'th ifl this Seetiefl. B_ .'.eeteffleflt ef Gr ,ilttti BP GB!!!?/ G18fHtL Whe fle < e1 8fl_. g\"8fati e t 0 8!1 ., g!'!'lffill sheH he fettfla , the Cit, Mt1Ht1 0 .P et h1s aes1gfte e _hell a rae. tke eeettJlBflt e 1 e , Re . ef the JlPepePt) ttpeR .. fi:ieh the g1afttn e r 0 8flg [;iBffitt s ha ll e.mt. st his e fl e.!Jl~H -e . t e reme e er eer reet tke seme .. itlMH t etH) fattr !2 I) h e tH s e r s tteh perie!l. ifl u eess e f t .. ef!t) fattt (2 I) hettPS es ae _igna:ea If! ,I I itiflg l,y the C:t) MeHeg.r er P.13 ae s ,gHe e. the City ?.laHeger er his aestgf!ee !fHtJ eettse the guffiti e r g1tHg g\"effiti te l,e reme,ea er eerreetea af!a ell e.1peHses iflettne!l. skeH l,e 1tssessea ttJlBfl stteh B let er 13remi ses Bf! .. hiek the g, effiti er geHg g\"effiti e.ciste!l.. 15-15-1: DEFACED PROPERTY: ALL PROPERTY DEFACED BY GRAFFITI WHICH IS \lSIBLE TO PCBLI C \lE\\- IS HEREBY DECLARED TO BE . .\ P U BLI C :\"US . .\:\"CE .-\~ SHALL BE DEEMED UNLAWFUL. Sectjon 7. Pena!tv Provision . The Penal ty P ro n s1o n s of E .:\'LC . Sec tion 1--1-1 s ha ll apply to each a nd every vi olation of t hi s Ordina nce . Sectjon 8. Restjtutjon: Mandatory restitution s hall be required under Section 1-4-7 of the Englewood '.\1:um cipal Code . Sectjon 9. Safety C!au•es The City Council. hereby finds. determines , and declares that this Ordinance is promulgated under the general police power of the City of Englewood . that it is promulgated for the health, safety , and welfare of the public, and that this Ordinance is nece s sary for the preservation of health and safety and for the protection of public con venience and welfare . The City Council further determines that the Ordinance be a rs a rational relation to the proper legi slative object so u ght to be obtained. Sectjon 10 . Severabj!ity 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 -5- • .. .. I • 0 - • • Ji • .. • --• ·~ •· .. • .. --.. ' .. other persons or circumstances. Section 11 lncgnsjstent Ordjnances All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 12 Effect of a:peal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture , or liability, either civil or criminal, which shall have been incurred under such provision. and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings. and prosecutions for the enforcement of the penalty, forfeiture , or liability, as well as for the purpose of sustaining any judgment, decree. or order which can or may b e rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Introduced, read in full , and pulled from the Agenda on fir s t reading on the ith day of June , 1999. Published as a Bill for an Ordinance on the 11th day of June . 1999 . ATTEST: Thomas J . Bums, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado , hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance , introduced, read in full , and passed on first reading on the 7th day of June , 1999 . Loucrishia A. Ellis -6- ' ., ' .,: ~ ., .. ' .. J - I • 0 • 1. 2. 3. ./ ,. < •• .. ~ -• • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 7, 1999 Call to order . ?4/;nn Invocation . ~ Pledge of Allegiance. ~ 7 :30 P.M. .. ~ICall. ?~ ~ ·~_.i,n,tes~~i.RJ-,__tn,~/3 ~~.'. '"""tes hom the Reg,la, Crty Co,mdl moetlng of May 17, 1999. 6. Scheduled Visitors . (Please limit your presentation to ten minutes .) a. Englewood resident Richard Edsall will address Council regarding Code Enforcement issues. .. 7 . N.9r-Scheduled Visitors ,(Please limit your presentation to five minutes.) /:[, fl_ •• J /l/arl(S/idf-1:.o:::lc', <¥-lJo;1 Le/av -~.ca~r (!~~IDoL.. y c2ene..ra ro'),tVorks f7TJf'U'f Tf!ri fJ/on -Chaml,er ~ComlfO>ce • l,IHJ.oAJtU/CKS -1-/Jo.ve Lynn--c..oOE 6-.F. SefCo munications, Proclamations, and Appoin~eoffs . ~i a. Letter from Darryl R. Dummer indicating his resignation from the Englewood Planning and Zoning Commission . //" , 9 . Public Hearing. • ~ep"~ A public hearing to gather input on a bill for an O!dinance creating a Parks and , ~,.., Recreation Open Space Zone District. ir/c,0-Lany:_fl n "I·~~/~ ~Y '5focKUJel! ~,~~ PINN note: If you have • dlablllty and IINd auxlllary aids or NrVlc:H, plNN notify the City of Englewood (303-762-2405) at lust 48 hours In advance al.._. Nrvtcea .. needed. Tt.ank you . • ... l I· 0 .] • .. • -• t , .. .. .. • • .. ... •, Englewood City Council Agenda June 7 , 1999 Page 2 10. Consent Agenda. ~r ~;b;.-,,, Approval of Ordinances on First Reading . i. Council Bill No . 36 -Recommendation from the Office of Neighborhood and Business Development to adopt a bill for an ordinance accepting an Enterprise Zone Marketing and Administration Grant. STAFF SOURCE: S. Darren Hollingsworth, Business Development Specialist. JOt).J 1, q,O 10~...l b . Approval of Ordinances on Second Reading. t,J ... ~- ~J;;_;\ ii. Council Bill No . 31 , approving an Intergovernmental Agreement with Buckley Air National Guard for use of Buckley's facilities to provide accident avoidance driver training for all City employees . Council Bill No . 34, extending the waste transfer surcharge waiver until December 31, 2001. c . Resolutions and Motions . i. Recommendation from the Department of Parks and Recreation to approve , by motion , a contract with Raymond Tomasso in the amount of $7 ,500 for the winning Art at the Hampden Station entry . STAFF SOURCE: Gary Hultberg, Recreation Manager. 11 . Regular Agenda . a . Approval of Ordinances on First Reading . BradshN -motion to,_ from table 7-0 CiJ Council Bill No. 24 -Recommendation from the Department of Safety B,._,_-motion to appnM 7-0 Services and the City Attorney to adopt a bill for an ordinance pertaining to Garrett-motion to aet public '-lng 1or graffiti. This action requires a motion to review the graffiti ordinance tabled secondmeetinginJuly(7/19l on Apri l 5, 1999. STAFF SOURCE: Dan Brotzman, City Attorney. II . Council Bill No . 39 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance placing a question on the November ballot regarding Liquor Occupation taxes. STAFF SOURCES: Frank Gryglewicz, Director of Financial Services and Brenda Castle, Deputy City Clerk. b . Approval of Ordinances on Second Reading . c . Resolutions and Motions . 12. General Discussion. a . Mayor's Choice . PINN nota: If you have a dlublllty and IINd auxlllary aids or Hl'Vices, pleua notify the City of Englewood (303-782-2405) at INat 48 houra In advance of when eervtcea .. l'INdad. Thank you. . ,. . ' .. 'I I • 0 3 -./ ~ , . Englewood City Council Agenda , june 7, 1999 !'•ge 3 • • .. • /" b. Council Members' Choice . ~~ i. Council Bill No. 35 -a bill for an ordinance submitting to a vote of the registered electors of the City of Englewood a proposed amendment to the ~ Home Rule Charter reducing the age from 25 years to 21 years of age as a ~ \) O,I' qualification to become a Councilperson . 13. City Manager's Report. a. CityCenter Englewood Update . 14. City Attorney's Report . Adjournment. CJ:t/-6 ~ The following minutes were transmitted to City Council between 5/14/99 -6/3/99 : • Englewood Planning and Zoning Commission meeting of May 4, 1999 • Englewood Code Enforcement Advisory Committee meeting of March 17, 1999 • Englewood Cultural Arts Commission meeting of May 5, 1999 ' .. PINN nol9: If you haw a dleablllty and nNd auxlllary aids or NrVlces, plaaN notify the City of Englewood (303-712-2405) at INat 48 hours In advance of when NrVlcN .. nNded. Thank you. ' . .. . . ... . ' I . 0 32X ·• - 9£cflph~ f /)JI/I') 07'J ~1] tburi cm p~ I· :-' I ·• ,. ~- - • II · • • ·• ,. ,-. e . -. .. -' • • I . 0 • ·• ,. G 0 -... FLASHER ( do not microfilm this page) ) Start here with: • . I . ;