Loading...
HomeMy WebLinkAbout1999-10-18 (Regular) Meeting Agenda- -. -- Octo b er 1 8, 1 999 Regular City Council Meeting Publ ic Hearing -Group Homes .. • • .. • ... , . ', .. . ... _ -. ... I 0 • ,, . -... • .. ;• ' .. .. { ' ......... . ' ~ • .. ' .. • ' 0 ' .. • .. • 0 ORDINANC E • RESOLUTION • • I . C, • - I • • ~ ...... • -' ENGLEWOOD CITY COUNCO. 1:NGUWOOD, ARAPAHOE COUNTY, COLORADO ...... Salioa Oct*r 11, .,,, Mayor Bumi aalDd dllll two Council memben were ill this evening. but we bad a quorum. I . Call• Or*r .. ... The regularmedingofthe Englewood City Council wasc:alled to order by Mayor Bwnsat 7 :43 p.m. 2. IIIYecadla The iDwcaUoD -pen by Mayor Bumi. 3. Plellte fl AJleduce The Pledge of Allegiance was led by Mayor Bumi. 4 . Rall Call Praeal: Ablcnt: A quona -prelClll. Council Membcn Gnzulis. Gamlt, Habeaidll. Wagoner, Bums Council Membcn Nabbolz. B..._. A.lao preaeat: City Maap Seas City A.aorDey 8l'Cll1llllD City Clerk Ellil Scaior PlanDer Slia, Neipbollload ... a.... DeYdopmmt Bulima DeYdopmm Cucwdmllor Sc:illelli Scaior PlanDer Cabam. Ncipl,omood ad Bulima o-lopmcnl Directar Glyglewicz. Filmcial Semcel Capital Projec:11 Maaqs/Dira:tor Kabm. F.nglewood EnvironmCDtal Foundalioo (a) COUNCO. MDIBl:ll lLUl:NICBT MOVED, AND IT WAS SECONDED, TO Al'PllOVI: TIii: MINUTU OJ TIii: DGUL,\ll MUTING OJ OCTOBER 4, lffl. A.ya: Council Membcn Gamlt, Hlbcniclll. Wagoner, Grazulis, Bums Nays: ~ A.blenl: Council Membcn Nabbolz. B..._. 6 . Set r III I • Vllllen " .. I . 0 • • .. ,. • :',,. .. • - ... (1) Paul Scbmilz advised that be is the Program Direclor o( Community Cares Residential Treatment Ccnler. Mayor Bwm ubd if be,_ hcre ror the public '-in& oa the group living facilities . Mr. Schmitz said DOl that be,_ 1W1R oC. that be,_ just hcre to speak ror I rcw minutes. Mr. Schmitz llid be jult Wlllllld to n:pon to the City Council that OYer the last five weeks they have cnppd in avcr 27 boun oC ac:livity ftall limc, punuiDg tbe COIICCl'a aC I community concern group beaded up by Dawn Davis. He adYilml be lal beell iD comet widt cerllill members oCthe Cbild Welfare Governor's Special T8* FCIRle oa this iaue al 11111 C-aily C-Residential Treatment Center and Adult Propam wwld like ID eldelld a ilMlllicm to tbe City Council to meet with them It their CXlll\'Cllience. Mr. Sc:lmitz 11-.1 dlcy are anally comaltiDg with IIIOl'IICys and other program directors in tbe -on m illbmal bMil al tbey -ill I wry coopenlM IIIIICC with the City and the local police dcputmall. He aid lie -pl-4 to ..-to c-il 11111 they met with Dawn Davis and two police oflklen o(tbe l!a8lewood C'-ay Police Fon:e al llld I wry politM: meeting two Saturdays ago. We aR IOIIICWbal c:oacemed, be aid, • .._.. aC I forty program llllewide agmcy, of the recent de¥elopmeDts occ:wriDg in Lillletoa, lien: iD l!agle,wuod. al in Aurora. Mr. Schmitz advised that they aR cumntly trying to "*8ldl tbole, dill dlcy are wry williDg, wry able to bear any of Council's concerns about their program. lie llid. Al this poilll, lie aid, be 1111 aaigncd I number of resean:h people to the number of police repol1I they were told about He llid be cu iemember they did provide a copy of a ten page ..iysis or the number oC police repons lhll -cited hcre in this meeting a few weeks ago. or thole numben, s,,,. -repol1I required by lllle law. Mayor Bums noted be -allO signed up to speak II die Public Hearing OIi the Group Home Ordinaooc. Mr. Schmitz aid be -11111)'. thal be mipl hlYC miamdcntood. Mayor Bums advilCd lie CID speak toaigk, but if be -here to apeak OIi group homes, be should speak al the Public HeuiDg. He noted Council will afficially opal the Public Hearing wida I motion. Mayor Bums explaiDed thal this ii the~ visitor portion where people can come and speak about anything. Mr. Sdunitz aid .... _ may, thal lie jull wadlld to BM ID informal rq,on lllo. (1) <Xllllidered. A pmcla!Dlfioa declaring the IIIOllth oCNovember 1999 11 Nalioaal Hospice Month was COUNCll. MEMDll WAGGONER MOVED, AND rr WAS 51:CONDED, TO APPROVE A PROCLAMATION Dl:CIAIUNG THE MONTH 01' NOVUDER I"' AS NATIONAL HOSPICE MONTH. Aya: Nays : Allaal: 9 .......... Council Memben Gama, Habenic*, Wagoner, Gnzulis, Bums None Council Memben Nabllolz, Brldlbaw (1) COUNCll. MDISl:ll llMENICIIT MOVED, AND rr WAS SECONDED, TO OPEN A PDUC llltAIUNG TO GATHER CITIDN INPUT ON COUNCll. aD..L NO. S6, PERTAINING TO GROUP LIVING l'ACJLnUS. Aya: Council Memben Gama, Habenic*, Wagoner, Gnzulis, Bums Nays : None .----------• . . I· 0 - • • • Ea&kwood City c-il Octeller 11, 1999 Pqel G • .. ' Absent: Council Memben Nabholz, Bradshaw Motion carried and the Public Hearing opened. All wilnellles were cluly sworn. Senior Planner Stitt advised that tonight, before Council, is an ordinance that will create a group living section of our .ZOning Ordinanc:e . The Group Living Ordinance pertains to whal we lraditionally call group homes, but it is a much broader category lban that. The propoacd ordinance has been before the Planning Commillioo for review oo aeveral occuioos and before City Council 81 a Study Session. There have been some cbanges made to this ordinance, be said, as I result oflhole meetings, wilh both the Planning Commillllion and City Council. He noted tbll whll is before Council tonighl is an ordinance lhal we believe captures the DeCallll)' regulatioas to cover the various types of group living facilities lhal do exist within the City of Englewood. For the sake of the audience, Mr. Stitt said he would briefly poin1 out some of the important considentions within the ordinance itself. He stated thal it provides definitions for. CIIClltially, tbrce types of facilities. There is the group living facility in general and wilhin that there are three types. A small group living facility, which is defined as a residence for up to eight. wu-claled indivicluals, none of which are receiving on-site mcdicll or psychological treament. bul some or all of whom may be receiving OD-lite pbysical Ulistance wilh day-to-day living activities. He stated thal examples of small puup living facilities include any of the following that meet the definition. For instance, a non-profit group home for the aged or owner occupied group home for the aged. A stale licensed. penonal care boarding home, 111a1e liceucd commwlity residential home. 1 home providing independeni residential support services for lbe ~ disabled. 1 llale licensed residential child care facility . 1 family care home, and I rooming or boarding 1-. Mr. Stitt advilCd thal lbe second type of facility is a small treatmall CICllter and that is a residcncle for up to eight unrelalcd individuals, some or all of whom are receiving on-site medical or paycbological ll'CltlDCllt. He explained that if any incividual residenl of a group living facility, with up to eight melaled incividuals, naives oo-site medical or psychological treatmea, the emire facility sball be claaified as a 111111111--.it facility, rather lban a small group living facility . Examples of small treabllCllt facilities sball include, by way of example. a nursing home, a nursing home facility, or a nursing facility as defined in lbe Colorado RevilCd SCaaules 26-4-103 (11), an instilution providing life care, a pbysical or mental relllbilitalion home, a II* lic:lemed group home for the devclopmenlally dillbled or a ltale liceucd group home for pcra,-wilh IIICIII.II illness. He staled that the final type of group living facility is called a large or special group mng facility. The definition ofthal is any residcncle for -lban eight Mr. Stitt poillled out thal it is important to note the distinction here . Small group livill facilities and small trealmeDl facilities are limited to eight. A llrge group facility or special group facility is any residence for more than eight unrelalcd individuals and any residence for up 10 eight unrelaed individuals thal does not meet the definition of small treatment facility or small group living facility . If any individual resident of the group living facility does not meet the definition of small treabllelll facility reaidenl or 1111all group living facility resident. the entire facility shall be classified as a l&rF apecial group living facility, radler lban a small group living facility or I small treatmenl facility . By way of example. be said, this would include a aecure residential treamenl center, a shelter for homeless penons, a dormitory, a boarding or rooming house, a fralernity or 11>rority houae . Wilh lhole types of facilities being regulaled, lbe ordinance provides for dislJ'icts in wbicb they can be loc8led and there is a lllllrix or a cbalt in lbe ordinance that apecifies in whit 7.0IIC dillrictl each of tbeae types of facilities may be loca&cd. Mr. Slitt advilCd thal lbe small group living facility, which is for eigbl or fewer individuals, and again, be said, that is a type of facility where there is no mcdicll or psychological tteatment being given. is permiaed in all residential 1.0IIC dilbicu and our two ~ dillricu, B-1 and B-2, as a permiaed use . The small trQtment CICllter, which is a facility for eigbl or fewer individuals who are receiving medical or pl)'Chological l1'eatDlem. is pcnniaed • a use by right in lbe B-1 and B-2 zone dislricts and a conditional use in the R-3 and R°" zone diltricts. The conditioaal uae pnx:as requires a public hearing before the Planning Commillion, where the Planning Commillion reviews lbe propolCd applicalion and its impact on the neighborhood, lakes public comment and rendcn a decision. The larp or apecial group living facilities are similar to the small trealDIClll center, in that they are permitted in both lbe B-1 and B-2 1.011C districts and they are a conditional 111t in lbe R-3 and R°" zone diltricts. The Planning Commission, in reviewing • I • 0 • • I -.., • ~CltyC-61 Octoller II, 1999 .... , .. ,. ,,... . e • - any group livinl facility, lllllll consider the following: the group living facility shall not be localed closer tban 750 feel from any IIIIC lic:emed child care facility for childrm or any elemenwy, middle or high IChool and 1250 feel from IDOlber group living facility; ltruc:tuftil COlbinillg group living UICI shall not be taller dwl the avenge beigbt of the three primary llnlCtUrel on the 111111C block. localed closest to the group living aructure; 2, hour supervision shall be provided by qualified Slaff'; all facilities shall be located so as to pnMdc coawnieal accea to grocery and other retail IIOrel, 111d other COIIIIIIClcial services, public lrMilp)illai.ln, accea poinll, wt public recmitioa facilities. He ltlted 1h11 any group living facility where relidmla include any individual who ha& been convicted by any coun of more than one misdemeanor or fdoay UMllviq property da-.c or penonal injury, that was commiaed while he or she was a n:sident of the group living facility, llball be deaned to be a public nuisance and shall be subject to thoee enforcement actionl and pmalties applicable to other public nui1111Ce1 within the City. Prior to initialing operations and prior to moving opcralioal to a different facility and OD or before December 31• of each calendar year. the operator of -=b group living facility shall submit to the City a photocopy of a valid and cuncn1 cenificate or lic:ense islucd by the Slate of Colorado, if any such cenificate or liceme is required for the operation of the facility. If active wt conci-~ an: not carried OD for a period of three comccutive months in a group living facility approved • a conditional uae, the group living facility shall be considered to be abandoned, the uae nay be lalllllled only after obtaining a new conditional uae approval . And finally , he said, as Ml1horized by 42 USC 3604(f)(9) of the U.S. Code, no group living facility shall provide housing to any individual wboae laldalc)' would coaslilute a direct threat to the heallh or safety of other individuals or wboae tcndeacy would lellllt in IUbllanCial physical danger to the property of Olhers . Mr. Stitt advised Iha! t1IOlle are the CXIDditiom under wbicb the Planning Commission reviews these group living conditional use applicatioas. The final provisioa in this, he said, is a very impolWII one, it is called reasonable aca>mmodalion. He lllled lllll the Federal Fair Housing Act, as amended, ~ thal communities grant realOllllble accommodltio!I. if lligbl variances in rcgulalions would permit these types of facilities to be loc:ltal in lheir ClCIIIIIIUliliel . Wllll we bavc in our ordinance, he said, an: three types of conditions thal the City Maaata" or lllil or• delipee -,, modify to allow tbele types of facilities. The fant is to modify any facility llpKing. bllildill& ICllllam. beiglil. lol awenae or llnchcaping n,quilaneat. by not more than 10%. The IOClOlld ii IO niduce ay oft'-tll'Od s-ting requirement by DO more tban one space . And, he noted, the fiMI CXllldilion is dlll the City Mm,.cr or claigaee nay approve a type of n:uonable IICCOIIIIDOdllioa ...._ from 11111 requellOd by the applic:ant if he or* concludes 1h11 a different form of IICCOlllmodelioll WUllld llllilfy the n,quiremcllll of the Fair Housing Act with fewer impacts on adjacenl -· The clocilioa fll die City M-,s or claigaee shall be accon..-ued by wriacn findings of fact as to the applicability ofdle Fair Housing Act, the need for reuonable accommodation and the authority for any realOllllble ace-Micw appnMd. He advilell 1h11 requaas for types of IICCOlaMJdations that are not listed above may only be approw,d t1nugtl a z:oaing variance or a rezoning pocess. So, he said, in closing, the ordinance provides for tine types of facilities within the City Eog1ewood, lpOcifies where t1IOlle uses may be permitled, either • a pennitlod .. or a conditional uae, apecifia the conditions under which they may be approved by the Planning CommiNion 11111 plllls llllhority to provide reaaonable accommodation for thoee uses, if nccesmy, to inlegrale them into the community. He asked if there were any questions . Council Member Habenicht asked whit the difference is becween a group home and a halfway house . Mr. Stitt explained thal t1IOlle distinctions get blurred because definitions have changed over the years . But. he said, traditionally a group home is a facility where care is povidcd either for psychological or medical reaaons for individuals who an: unrelated or not related to the operator. He said 1h11 a halfway house is traditionally clcfincd • a facility where individuals who have been incaroeraled arc releucd to, prior to completing lheir IClllalca. So they may have been convicted of a crime, served out a cenain IClltencc, and placed in a halfway houae to get them reacclimllcd to society before being fully released . So, Council Member Habenicht said, we are not, wilh this ordinance, approving halfway houses . Mr. Stitt said DO we arc not . Ma. Habenicht said lhe jlllt WUllcd to clarify that. Council Member Habenic:k asked if this ordinance does take away from the neigtiborbood any rights to object to ICJIDdbing coming in dift'erendy. She said ii IOWldl as if this one provision does indeed put thal • I· 0 ~----------------,·-----------~-- • • -. East-_. City C..tl Oc1eller II, .,,, Pqe!! ·, /" • • - decilioo in tbc bands oftbc City Manqcrortbc City Manager's designcc . She said she wanted to clarify if Mr. Stia -uyiDg 1h11 is required by Federal law or if it is just something we arc pulling in tbcrc? Mr. Stia explained that be -DO( IUl'C if it -required by Federal law, but it is in tbc Federal Fair Housing Act~ Ms. Habcnicbt asked what that means . Mr. Stia advilCd 1h11 tluil means that COIIIIIIUlliticl arc cxpccled to llllkc l'CIIOllllblc ICCOIDlDOdalioo For inllancc, be said. if tbc only reason a group living facility would not qualify to be located in Eaglcwood is bccaUlc they arc one parting spl(:C sbolt, tbc Federal Fair Housing Act would say you have a l'CUOllllblc obliplion to make an exception to allow that facility in. So wbal we have done, camially, is take tbc language from the Federal Fair HOUliq Act and incorporated it into our ordinance. Ma. Habcmck asked if tbolc were the examples that they gave . Mr. StiU advilCd tllll tbc cxampla arc not in tbc Federal Fair Housing Act, but that is an example of tbc type of accommodatioa tbc Federal Fair Housing Act is expecting local governments to make. And, Mr. Stiu said. quite fiaakly, tbcy arc minor conditions, such as reducing tbc diSlancc requiraDcnl by ten feet, so for inllancc a facility tluil must be located 750 feet from a school ... thc City Managcr bas tbc autbarity to reduce tluil by 75 feet if it would mean that that facility could then locate in tbc IXJIDDMW!ily. Of COUIIC, be poinled out, it bas to meet all of tbc ocher allldilions. And the puking, Ms . Habenicht said. She asked wbal tbc ocher one --Mr. Stitt DOied this onc sounds fairly complicated. 'Iblt's tbc one, Ma. Habenicht said, 10% of the landrcaping or anything like that. Mr. Stitt said yes, for inSlancc if they baYc to comply with tbc landvaping ordinanc:e and became of tbc way the facility is set up on the property ... we arc lallllingof counc that it is an cxilting facility ... they arc 10"/o out of compliance with our landacapillg ordinance, the City Manager would baYc the authority to csacnlially grant an cxccption, to say that lacking that I O"/o is DO reason DOI to allow this facility within the community . Council Member Habcmck 1111m libc is COIICCIIICd about wbal kind of impact that I O"/o would have, say. in a raidmtial ncigllbodlood, wbcrc 10% of a front lawn. for cxmiplc. might be taken away, which might be pn:ay significant. Mr. Slilt advilCd dill we arc not .,..,ing that they take away, but ordinarily these would CXIIIIC into play in a silualion wbcrc a group living facility is applying for, let's say, a conditional usc approval in mi cxilting 11111C11R. Pllylically tbcrc may not lie tbc n,quin,d INNllcapmg tbcrc because the facility -built 20 ycan ago, bcf'OR we bad a landecaping ~- Mayor Bums advilCd be went lhrougb the onlialce and it appears dill all tbc clllllacs they Plggcstcd last time arc in tbcrc, tluil be did not -aylhing dill ~ to lie milling tbcrc • all. Mr. Stiu said that was correct, that be believes all tbc clmlpl 11111 -....... -iDc:orporllOd into this version. Council Member Wagoner asked wbal pbysically blppals if DDCbody in a llllall group living facility starts receiving on-site medical allclllion. He DOied tluil facility then bocomcs a small treatment facility, which is not allowed in IOIIIC of the 1IOIIC dillric:u. Mr . SliU advilCd 1h11. bMcd on this ordinance, they would baYc to cicue operation. becaUlc they baYc cllapd the calqOly from a permitted IIIC, to one that is not pcnnilled. Mr. Wagoner asked if they could jult get rid of the ia--Mr. Stitt said yes, that that was a poaibility . Council Member Habenicht asked if this onlinacc provides notificalion to a neighborhood tluil tbcrc is a facility , a change happening in one of the rcsidmca in their nagllborbood or in their :zone . Mr. Stitt said with the conditional IIIC provisions, yes, but for the llllall group living facility, that is a permitted usc, tbcrc is DO notificatioo pnl()CII. Ma. Habenicht asked if that is the way it is now or if this is a change . Mr. Stitt asked if libc meant now as meaning in the rcgulaliou we have in our Zoning Ordinance . Council Member Habenicht said libc bas bad qucltioas from people and libc is trying to clarify that piece, of whctbcr or not we arc actually changing things and making it so lhal, say, if a person living in a particular neighborhood right DOW would have -opponunity to know what is going OD with properties in their neighborhood or less, bccaulc of this ordinance. She said she would like tluil clarified. Mr. Stitt advised for the types of facilities that arc pcrmiacd in all the ZOIIC dillricts, tbcrc is DO change in the notification, WC do DO( require notificalion under our CWTCDI onlinlncea, nor docs the Slale, for inSlancc, when they arc licenling a pcnonal care boarding home. So this ordiaance docs not change 1h11, be said, it is only when you get to the conditional use level, wbcrc tbcrc is DOlificatioa via a polling of the property of a lcpl notice and then also • I· 0 • • -. Eaalew ... City Caudl Octeller II, I"' ... , 1 , --. • • • a lcpl notice in the IICWlpapCI' concerning the public: hearing . But, Mayor Bums noted, that is the initial aca:p!aDQC, that is the initial request for approval . Mayor Bums med. since be said if there wu a change of use to a tralmalt facility they would have to sbUI down, ifit wouldn't be i--,k; to bave I notice provision in there, if they make that c:bangc . He noted tbal is a m.,r mm,e for them to do that. Mr. Stitt lllaled you c:ould inc:lude a provision that there be -type of notific:Mioll One of the things die attorneys have tolcl us. he said. is tbal wc have to be careful tbal -cloa 't require notific:alioa, or -cloa 't impole requirements on tbcsc types of facilities, tbal wc cloa't impoae 1111 odler ....._. -permitted in the zone dimic:t. So, he said, you are walking IOIIICWbal of a tigbl line there. but there may be a provision tbal we CID add that would allow for that type of Dlllificalion . Mayor Bumi IWed be would like Mr. Stitt to look into tbal. bec:ausc it seems to him tbal if there ii a dllaF of UIC they would have to sblll clown, that is a major c:bangc for them to do tb11. Mayor Bums said be felt it would be raaonablc to rcquire some sort of notice . Council Member Olma ulled if it is pan of initiating opemioa that they have to give us a copy of die licene tbal they openling under. Mr. Stitt aid if a liceue is required by the Stale. So. Mr. Gumt said. if a licene is required by the Stale they have to give us a copy of the lic:eme before they CID even start operatioaa. Mayor Bums explained that wllal be wu saying -if they c:baF dleir openlions and in mid-tlrCIUD they become miqualificd and they would have to shut clown, that they -would have to give a notice of that change, wbic:b is beyond the initial approval . Council Member Habenic:bt ulled if this -if sbe -a~ and wanted to make a 10'/o c:bange in her landacaping rcquiranenl, or something like tbal. that sbe could alto go to the City Manager and get that diape,mtion. She said aren't we bending ewer back,wanls? Ml. Hlbenic:bt noted wc are saying wc may get a !--'>le request. but then it-to be imfair to---. fnJm tbal poilll of view. She said she is having a little conccm with tbal. Mr. Stitt lllled the rWlllle acxommodati'lll provision was added becaUle when Coogras enacted tbis legislllion they fOUDd dial there -a billOfy of c:ommWlitics putting rodlloc:b in the way of incorponliDg tbcsc typel of facilities iDlo the neipborhoods. It was the Fair HOUling Act's purpollC to, in a -. level die playing field.. 11lcy dloupt it -appropriate, to the extent tbal you could have tbcsc facilities in your community, that wbaa they call reasonable accommodations should be~ or should be made. So, be explained. -have a,pied the language, essentially, from the Federal Regulations so that we doa't nm afoul of the Fair Housing Act Amendment Mayor Bums said be thinks be undcrundl what Mr. Stitt is driving at. why the law was changed. He lllaled he does not think it affects the average c:itizm. Council Member Habenic:bt said sbe thinks she undcntands it, but at the same time it seems like it is changing the level of the field and it is working apinst raidalts in I neigbborbood . She said she is wondering bow tbal ii ClOllliclcnd leveling the playing field, it seems to be tipping the playing field the other dim:tion. Mr. Stitt adviacd that in the fedenl ICDIC what they fOUDd was that there oommWlitics tbal would enact 7.0lling regulalioas, for inllaacc, that would prohibit all of tbcsc types of facilities, just blanket prohibition. The Federal Fair Housing Act A-,....,111 wu an attempt to level the playing field for protec:tcd classes of individulls, becaUle they bad ddamincd tbal there had been disc:rimination against tbcsc protec:tcd classes. In a lot of ways, be DOied. it was likmcd to aflirmalive action. That there had to be special consideration given to a c:lua of individuall who bad hiltoric:ally not been given every opportunity that the rest of us migbl enjoy . Mr. Stitt explained tbal upon that basis the Federal Fair Housing Act said you should allow tbcsc facilities in your c:omffllP!ity. you will allow tbae facilities in your oommWlity and, to the extent that you have to bend the rules a little bit to allow them, you should do that. Council Member Orazulis said sbe would like to take a step backwards, tbal maybe she is c:onfused, but allowingODC ..-mcdiclllion ... wouldn't that be a good thing if you are going to control an action or • .. I· 0 • • • Eaatewood City CoaacU Odoller II, 1999 Pqe7 0 -.. something. rather than having it be a negative? The statement was made, she said. thal it would change the whole operation. Mr. Stitt noccd the hierarchy of the pcnnitled uses, the small group living facility and the small trealmc:llt facility. and said that there was conc:em expressed al the Pluming Commission meeting that we might have trealmcnt facilities cropping up in all or the neighborhoods and there was some sense that it might be better to rcscrict tbolC types of IIICS only to oenain areas. That is why the regulations were c:rcaled the way they were. Abo, he said, to insure that you dicln 't have a mixing or types of facilities. otbenrite you would end up crating a small group living facility that might include a certain percentage of individulll who were reoeiving mediall or psychological treabncnt You end up blending the various calcgOries and the 11JP101Cb tbaa -taken by the IIIOmeyS that drafted this ordi.nanoe was to make very clear dillioctions between individuals living together as a group who do not require any type of plYCbologic:III or mediall tralmall ocher than like Tylenol for a headache . which is not considered medical treabnclll. So, he aid, there are lOIIIC common sense provisions in there. But, he noted. if someone's IIIClllal capacity or pbysical abilities cldcrionle to the point thal they need major medical or psychological trcabllem, wbich cbanga the 111111re or that facility . Council Member Grazulis noccd he said deteriorate . She med bow about if it is a a>aditioa such as a depression and they are being tmltCd for that . Ms . GlllZUlis said she would thim that would be a good thing. Mr. Stitt said yes, it is one of those things that it would be very bard for us to know about in the first place and he would suspect if we get group living facilities that that may not be oonsidered major medical treatment. Council Member Grazulis said okay. that she would ralher aee IOllleOIIC medicated for something like that. than not . Council Member Habenicht said she had another question, jllll for further clarification on this little piece that is giving her IOIIIC problems, about the three conditions that Mr. Stitt talked about that could be a11eviatcd by the City Manager or his designce . She asked if that means all of them could be applied to one propaty or only one can be applied to one property and also she asked if they are additives, so that if a City Mwger or bis desipoe would allow for a 10-/o laplC in the lwNkcaping requirement and then maybe do ii again and apin and apin and apin. Mr. Saa said no, it would be a one lime only for that particular use, so there could be a reduction or as much as 10% in laodscaping or in building Sdback and that would basically be ra:ognmng existing litualions in most cues. And, he said. reduce off street p31king by one parting space. So. Ms. Habenicht said, all three or thole could be applied to one . Mr. Stitt said they could be. yes . For the ra:ord, Mr. Sutt provided Proof or Publication or Nolioe or the Public Hearing. published in the Englewood Herald on Seplember 24, 1999. Dawn Davis, 3560 South Corona Street, advised that she had prepared some repons for Council that she wanted to pus out She said what she puscd out are some findings that their group has come up with when they did -.e ,-ch. Ms. Davis said she wanted to say that she is very pleased that the City of Englewood is ldlnaiq the ~ or group homes . Council Bill No . 56 is a much needed ordiJwloe, however she feds it nceds -cbanga and -.e fine-tuning. We have addresecd these changes in the report she gave to each Council member tonight, she said, and she would ask that the infonnalion provided in the report be consiclmld in their decision making process for approval of Council BiU No . S6 . Ms . Davis advilOII that one or the most importalll changes she feels needs to be made is in Section 14 entitled Existing Uses . She said she ab Council to deny the IJ'llllllfluber approval for existing group homes . If this is not done aome cxilling group homes will become a nonconforming use and the purpose of this ordinance, • llaled in Section 14, is to eliminlle IIDIICOaforming uses . On October 9, 1999, she said, they had a meeung with managing ll8ff or Community Cara 111d memben or the Englewood Police Department Ms . Davis said it was ll8lcd to them tbal -of the benefits or having this group home on our block was tha1 it is a ~ poviding jobs. boolliag the ec:ooomy and paying business taxes 111d property taxes. Tberefore, she said, she contends that they have a 20 bed raidential treatmeDt center operating as a busi-. 24 hours a day, aewn clays a week in an R-2 residential block. Ms . Davis Biked that any and all group homes in Englewood be n,quircd to a,mc inlo complianoe with this propoecd ordinance as 10011 as reqllCIICd changes are made and Council bas giffll final approval or this onlinanoe and it becomes law . She thanked Council for their ll1mlion to this 111111« . • I • 0 • • • hllewood City c-u Octeller 11.1'99 .... • • - Paul Schmitz. Program Director at 3531 South Corona, said be apologized to Council for his milundcraandiDg of the procedure. He said be did not have a prepared stalemCDI, but, as the responsible adminiltmor for the residential trcalJDclll center be wanted to adYile Council of a nwnbcr of major federal acuoas and loc:al aclionl in the Slate of Colorado that be bas not beard them speak of. In particular, he said. the Oobal ia-it. wllicb they might cile and reaean:b in Denver going back about 14 years ago . A number of their aeaior adminillntOn were expert witncaes in that c:asc and tbal c:asc was dctenninc:d in favor of the mentally ill and cliClu in the open public amununity. FW1bcrmorc, he said, he would advise thal they arc ainmly ,-dug the Federal Supreme Court Decisioa. Obmtcad vs. Georgia, which was decided, three months ago, in favor of the mentally ill. Mr. Schmitz advised that they arc aucmpting, as a small agmcy, to act from a poinl of faith and coopcnlion with the City and it's mcmbcn and various alllll.ilucllll, but be is concemcd about the flawr and tone of ccr1ain devdopmcnts nx:cntly. He stated they have bad very succcaful meelinp with the public, they have done very extensive research. but he was not provided with a a,py of the book c-il -given . He said they have provided reacarch. openly, to various f*1ica . Mr. Sclimilz lllflDII be tboqbt oac of the najor things they sbould discuss, or make a point to the City at large, is lhlt lbcR arc cunaidy 4 7 liceucd facilities in the Stale of Colorado and they arc all tied together in a variety of activilia. One of the primary activities is the Colorado Association of Family and Children's Agcncics. who at one poinl or IIIOlbcr wiU be involved in the process here in the City ... he was quite SW'C . He said, fllrtbcnnole, lie is c:oaa:med that in an upper middle class community , very similar to the one lie grew up in on the CUI QOlll, lhlt lbcR is an attempt, possibly , to limit these types of facilities or these types of childrm. Since they serve a wide variety of p&Rnts and families here in the mdro area, including the upper middle claa and wealthy popu1atioa, he was SW'C this could be a difficult set of decisions . He said• be bean talimoay today, one sublection, 16-4-23-2 (E) would immediately apply to 20 kids in bis facility . Mr. Schmitz ucd that he is currently seeking legal counsel with their standard C01J1011* ll10nlCy and be is in comnuaicalion with the owners of Shiloh House and Excelsior. He said be and Bill Grepry have been on the phone half a doml limes . He empbuized that he would prefer our app1*b to eacb odler -.Id be amicable. raearch i-1 and from an open communication standpoint Mr. Schmitz said he is concerned lhlt bis program did take IUb&tantial business and publicity damage as a result of the anicles lhll wcrc keyed up by Ms . Davis. He llated be does not want them lo be seen from thal pcnpcclM: as they do have point of fact reaean:h they have put together for Mr. Scan and City Council for everyone to rad. Mr. Schmitz advised thal they remain available at any point in time lo wort with Council, to sit down and 181k, they also will make adjulbnents as mcdcd as these City orclinana:s arc cbagcd. But, be lllatcd, if any City orclinana: would touch them in their grandfather sta1us at either of their pn,gram1 be is sure tllr:re -.Id be some complications . He said be was open to any questions from City Council or the auclima:. William Fuchs, 3539 South Corona Stred, noted be spoke to the City Council a couple of weeks ago and he just wanted to reilalle a couple of tbinp. He said be bas to admit the silllllion bas gotten better, they did meet with Community C-and the Eaglewood Police and they were told they would be given a guideline of tbcir rules and rqulatioal ll thal time, wllicb they never l'CIQCivcd . So, be said, he still doesn 'I know what is going on over lbcR, but be -.Id 8* lhlt this Council Bill 56 not allow these facilities to be grandfatbcrcd in . He said be would 8* that they be loobd ll on a individual buis, because be doesn 't think that we were given due procaa the finl time around. Mr. Fuc:bs noted that bad he known he would be living next to a 20 bed group home. be cenainly would not have bought his house at the time, which was about the public hearing time, originally. He said he just hopes we get the right thing done here. Caaey Stockwell, 3919 South Wasbingtm Street, said be wanted to address a couple of questions that appeared to be unckar with Council as to the iment. The thing about medication, he said, was clim:ted apccificalJy at mcdicatioa that would nccd willaace in nx:civing or anything given by a doctor that you take home and 1lkc on your own ... if that clm'ificl at all. He said as to notification for changes, if they have .... they have rad tbia. If they cbanp wlllt they do within this, they already know. He said perhaps tba1 wiU help . And repnling the 10% landecapq cbanges, be IUglCllCld Council think about wider sidewalb for wbcdcbain. Some commUDities have said, "ob we can't have a wider sidewalk because ii • ' . I • 0 --,-------:-----------------.. ---------------------- • • • l:a&le•-City Cwil Odlller .... ,,, ... , • • •• ... blab -code,• dal -wllll lbll -intmded 10 addn:11 . It is DOl inlcnded for the raidenll 10 be able ID ay --.U I ca c::11-.e 10% m my exilting ledecaping bClc:aUlc they are .• It ii 10 bdp the prolCCted ~ i..-.., ---mlivia& wbicb would include raq11, dliDp like dial 11111 miglll affect I~ llul would be a reammble ICCOIDmodllion. RepnliDg ocher r--* ICCCGIIDL'dalil!Jlls, the -ii if it-don till -pating apace ... the-it -apecific:ally cited ... pleae mvilioa lll¥illl till ... .,,.. mlawa .. on1er 10 pm in dial extra pllkin& apace ... dial is DOl --,,.. Mr. StDc:k1leU llid ... -al lie 111d. n.e----..-to apeak. COUNCIL NUIMII WAGGONER MOVED, AND rr WAS SECONDED, TO CLOSE TD l'IJ8LIC ll&AalNG TO GA'l'Bll crnDN INPUT ON COUNCIL aw. NO. M. nRTAINING TO GROUP LIVING J'ACILl'IDS. Ayes: Council Members Gamtt, Habeniclll. w.,._., Onzulis. Burm Nays: None Ablcnl: Council Members Nabbolz, 8111dsba,w Mocion c:anied 111d the Public Hearing clolcd. Mayor Burm cxpllinod dial --U, Council does DOl wte oo the onlilacc after the public bearing. bul they wait 1mtil the next regular Council meeting. wbicb ii NoYcmbel' I, 1999. 10. c-a A..- (a) Approval m Onlinanccl 08 Finl Reading COUNCIL M&MKR WAGGONER MOVED, AND rr WAS SECONDED, TO Al'PllOVE CONSENT AGENDA rrDI It (a) (I) ON l'IIIST ll&ADING. (i) COUNCIL BIU. NO. 61, JNJllODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE OF 11iE CITY OF ENGLEWOOD, COLORADO. AMENDING ORDINANCE NO. 53, SERIES OF 1999, REGARDING PAVING DIS11UCT NO. 31, SPECIAL ASSESSMENT BONDS. Ayes : Nays: Allleat: Council Members Gamtt, Habeniclll. w....-. Onzulis. Burm Noa c-il Members Nlbbolz, Bl'lldlllaw (b) Approval m~ 08 Second Reading 11ae wae ao itam llllailled for appnMI oo llellOlld rading. (c) Raoluticm al Motions MAYOR amtNS IIDIOVED AGENDA rrDI •• (c) (IY) FllOM TD CONSENT AGENDA. COUNCIL NUIMII WAGGONER MOVED, AND rr WAS SECONDED, TO APPllOVE CONSENT AGENDA ITDIS It (c) (I), (I) &INI (Ill). (i) RESOLUTION NO . 91, SERIES OF 1999 ,. .. , ... I . 0 • • . -. ·• ,,.-. I • - l:•&lewood City c-u Octeller 11.19'9 ... 10 A RESOLIJTION AWARDING A NEGOTIATED CONTRACT FOR 1llE PURCHASE OF AN ADJUSTABLE FREQUENCY DRIVE AND MOTOR FOR A RAW SEWAGE PUMP FOR 1llE LITIUITON/ENGLEWOOD WASTEWATER TREATMENT PLANT INSTEAD OF Tiffi COMPE'ITTIVE BID PROCESS UNDER SECl10N 116 (b) OF 1llE HOME RULE CHARTER AND SECTION 4-1·3 OF nlE ENGLEWOOD MUNICIPAL CODE l 98S . (ii) CONTRACT WITH DOUGLASS ROOFING COMPANY IN Tiffi AMOUNT OF $178,800.00 FOR mE PURCHASE OF A ROOF FOR 1llE DIGESTER COMPLEX . (iii) CONTRACT WITH AV ACOM, INC . IN 1llE AMOUNT OF S7S , 16 I.OO FOR AN ELECTRONIC DOCUMENT MANAGEMENT AND IMAGING SYSTEM . Motion carried. Ayes: Nays : Absent: Council Members Garrett, Habenicht. Waggoner. Grazulis. Burns None Council Members Nabbolz, Bradshaw (iv) A IJllnsit bus sbcltcr contrlCI witb CMdoor Promotions was considered . Mayor Bwns asked that Busineu ~ Coordinalor Scibclli come forward, as be had some questions. Mayor Bwns said that be was plcaed to see this before Council and it -ms that wc have a good contract here. He noted there IIIICIDS to be a ten year tam on this and a development over 1h11 period of time for tbcac sbcltcrs seems awfully loog IO him. He asked ifbe WM miftading this. Mr. Scibelli advised that is conec:t, that the tam of the contrlCI is for m illitial period aC 1en years with the option to renew for an additional five year period. The first pbuc aC the installalion of the IJllnsit bus shelters will be in the Tufts to Mansfield area coming early in 2000 . Tbcrc are eight sites propo&ed for installalion during the year 2000 and with the CXlllllruetion in the downtown and gateway area. anticipated for the summer and fall . wc arc DOI looking wilil the year 2001 to begin any sheltcn in the downtown area. He noted, with that said, be anticipaes that the four per year in years two through eight, that be thinks wc will accelerate that schedule. He explained that -put in tbeR, OOOKrvativcly, to let the contractor know that that is the minimum expectation for shelter inslallation. Council Member Habenici. said she WMD't clear. She asked if this contrlCI means 1h11 they can put ooc or two of them in and tben quit ordo Ibey have to have a certain number of them installed along Broadway . In OCber words, lbe asked. an: M pug to get as many shelters as wc want or arc wc going to end up , maybe getling one and tben IIObody die can put them in or anything like that. She asked if wc arc proleCICd that way with this. Mr. Scibelli said yes we arc and the best way to respond to that question is to say that the objective of lhil CXllllnCt is to provide exclusivity to Outdoor Promotions and the provision of transit bus sbcltcrs to the City ofEoglcwood. We are purpoecly phasing the installalion of the transit bus shelters. be said. becaUle it is a procea that rcqum us to coordinate with individual businesses to obtain podld ........,.., for the placemaM aC thac tnnsit bus sbcltcrs ooce Ibey arc constructed. And, he noted, we want 10 do tbll in• anledy fashion. We don't want to just give the contractor the ability to put in all 38 aC the tlmlit bus lhclten tbll could be put in. throughout Englewood, all al once. Mr. Scibelli stated that we an: purpoacly pbalillg it, wc arc doing it in the area for which we have construction drawings IJICIW'lCI, Tufts to Mamficld, and wc will pbuc that over the next several years so that wc can get it aa:omplishcd throughout the entire City . The cxisliag bencbcs, 1h11 arc provided by allOlhcr company, will be ~ with the placemenl a( QCb lnlllit bus sbcltcr . • ) I . • • • ·• ,. ,-· . G - Eactewood City CoucU Octoller 11, 1999 Pqell City Attorney Brotzman rd'erred Council to Section 5.4 of the conttact and noled it n:quircs the siting of ten transit bus shdla'S cuing the fint year. Council Member Grazulis asked Mr. Scibclli if they have asked the business owners, where lhesc are going IO be placed in from of their businels, if it is going to iq,ede any of their viewing from Broadway, like SDIIII c:ar ckalenbi .. or thinp of that ~-Mr. Scibclli said yes . Ms . Grazulis asked if they have chlnged 90IIIC of the llita becaUlc of that. Mr. Scibclli said yes, actually they have . For example, he said. if you were IO look at the c:ar ckalenbip, for example, at the comer of Oxford and South Broadway, Best Car Buys recently moved in there and that is a site that we just put ironwork in this week . Ms. Grazulis said she wanted IO a,mpliment him oo that and DOied it is reaUy nice . Mr. Scibelli DO(ed that shelter is right smack dab in from of that c:ar ckalenbip right now . It is going to be moved IO the nonh, so thal is specifically addleaing bcr quatioa, it is not blocking the cus, it will be IO the end, a little easier for the buses IO get in and out of also . Ms. Grazulis said Denver Motors, on the comer of Stanford and Broadway. has a1so expreaed conoem Mr. Scibelli advised that in some inslances. where there is DO( adequale space . it will be combination of a kiolk and a bench. So, Ms . Grazulis said, you can kind of view through . Mr . Scibelli DOied it is a smaller operation where there. physically. is not the space . So . Ms . Grazulis said, you have addressed that, thal' s good. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A TRANSIT BUS SHELTER CONTRACT WITH OUTDOOR PROMOTIONS. Ayes : Council Members Gama, Habenicht. Waggoner. Grazulis. Bums Nays: None Ablent: C.ounci.l Members Nabholz, Bradshaw Motion carried. 11 . lleplarA.-aa (a) Approval of Ordinmces oo First Reading (i) Senior Plamer Graham pn:sented a l'CICIOIIIIIICloo from the Departmc:nt of Neigbbomood and~ Dnelopment IO adopt a bill for an ordinance amending Englewood 's Comprchemive Plan IO aa:iommodale the regional Urban Growth Boundary described in Metro Visioo 2020 . He adviled Ibis is a follow-up request from a resolution Council puml in April of this year. The reaolution WII IUppOIWlg Metro Vision 2020 Urban Growth Boundary. Mr. Gn1mn explained that thal is the general principal tllll the Denver metro area should be limited IO a 700 IIQIIM'C mile wtJan area and thal new~ lllould be CIICOllnpd IO locate in existing urbani7.ed areas . The reaolutioo got Englewood ten more poiiu in a ICOring system that is used IO evaluate lnllllpOr1atioo improvement projects. He adviled tllll we wen: IXllllacled by the Regional Council of Governments that reviews the projects and asked if wc were iDlcralcd in keeping our applications competitive, because some of the decisions were cloae and if wc were, then wc would go ahead and adopt an ordinance amending our Comprebenlive Plan to include the ame language by ordinance and they would award the additional ten points for a tolal oftwcaty addilional poi1U for supporting the Urban Growth Boundary. So. Mr. Graham said, we are beck here doing Cllelllial1y the aame thing. but doing it by ordinance nllbcr tlml by resolution . The ftlCOlllmended action tooigbt is approving just this language that includes volwa,y flexible ltrlllegies and Cllelllial1y to take advantage of the incentives they are offering. tnlDlpOl1ltioa improvement project money . He staled the fitca1 impact this year was about Sl .4 million oCapplicalioas that wc have submitted, and wc hope to keep thole competitive with this change. He lllled that last year we submitted approximately a $3 million application for Broadway impromnents. which was awarded, so the amount of transportation dollars at stake is quite substantial . Mr. Graban aid be would like to read just the propmed ameodmeaC for the record. II llllel that WC "suppon the rcgioaa1 llllltegic powlh plan for the IUl,()Ollllty Denver metro area, Metro Vision 2020, • ... ) I . 0 • • -. ,, -· • ·,· • • .. ... including thc Uit.a Growth Boundary, wbic:h encourages in-fill development and discourages urbanization beyond a designated 700 1quare mile area." The Cily Clerk read thc council bill by title : COUNCil. Bll.L NO. 63, INTRODUCED BY COUNCil. MEMBER HABENICHT A Bll.L FOR AN ORDINANCE AMENDING 11fE CITY OF ENGLEWOOD COMPREHENSIVE PLAN TO SUPPORT 11fE REGIONAL URBAN GROWlll BOUNDARY DESCRIBED IN 11fE METRO VISION 2020 PLAN. COUJIICll. MElllll:R IIASENICBT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCll. •DL NO. '1 Ayes : Couacil Memben Gam:lt, Habenic:bl, Waggoner, Grazulis, Bums Nays : Ne. Ablent: Couacil Memben Nabbolz, Bradshaw Motion c:arriod. Mayor Bums <mnled lbat thc Uda Glowlb Boundary and moc:iated IOpia of growth and Sman GIOWlh, are being lallcn up Friday II thc Mello Mayor's Caucus IIICICting and thc Governor is going to come for thc finl time and med wilb • and 111k lbaul dice iaa. So, be noted, it ties in with what we are doing. (ii) Direclor Oryglewicz pRICIUII a n,mmmeacwioo from thc Department of Fimncial Scrvm to adopt a bill for aaonliamcc appruviDg6e City of Englewood's Budget for thc year 2000. He adviled lbat a Public: Hearing w held on thc year 2000 Budget on Sepled c, 20, 1999 and City lta8' and Council bad a buqct ff:Ual OD Octcber l, 1999 and~ the buqct in depth. This budget. in s-tiadarthc Geaaal Fund, propc11111 a $4.3 millioa fund~ on Jamy 1•. Tolal IIOUJ'CCS of funds at S32.3 million, total spendingofS31 .7 million for an cndillg total fund balance ofS4.9 million in the Cieneral Flllld, which ii thc IDOll lipifiaull fund for thc Cily, wbidi ii where IIIOII of our operations arc funded. Council Member Wagoner asked ifthc rcquesu made at thc bud,et rdleal were incorpol1llcd inlo the buqct figures. Dnctor Glyglewicz said ya. The Cily Clest read the council bill by title : COUNCil. Bll.L NO. !9, INTRODUCED BY MAYOR BURNS A Bll.L FOR AN ORDINANCE ADOPTING 11fE BUDGET OF 11fE CITY OF ENGLEWOOD , COLORADO, FOR 11fE FISCAL YEAR 2000 . MAYOR •IJllNS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) - COUJIICll. BILL NO. st. Ayes : Nays : Ablcnt: Motion c:arriod. Council Memben Gama. Habenic:bl, Wagoner, Grazulis, Bums Ne. Council Memben Nabbolz, Bradshaw (iii) Direclor Gryglcwicz pRICIUII a n,mmmeudlt'• from the Dcpmtment of Fi.nmcial Scrvm to adopt a bill form onliamcc approprillillg fillldl far Fiacal Y.-2000 . He explained 1h11 Ibis council bill alloM thc City to lcplJy lpClld thc moaey from thc 2000 Budget. ' . ) .. I . ., 0 • • ------------------------.----------------------------- -. Eqlewooll City C-8 Octeller 11, .,,, .. 13 The City Clerk rad die CIIUIICil biD by title: • • - COUNCil. Bll..L NO. 60, nmtODUCED BY COUNCil. MEMBER WAGGONER . . A Bll..L POil AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN nm CITY OF ENOLEWOOD, COLORADO. IN nm FISCAL YEAR BEGINNING JANUARY I , 2000, AND ENDING DECEMBER 31, 2000, CONS111UJ'ING WHAT IS TERMED nm ANNUAL APPROPRIATION Bll..L POil nm FISCAL YEAR 2000. COUNCIL MDOal WAGGONUl MOVED. AND rr WAS SECONDED, TO APPROVE AGENltA l'IDI II (a) (Ill) -COUNCO. IIU... NO. R Ayes : Council Memben Glmu, Habcnicbt, Wagoaa, Gruulis, Bums Nays : Nooe Ablalt : Council Members Nabbolz, Bradshaw (iv) Director Gryglewicz praellled I reoomlDCDdatioa from the Depanmcat of Fi-al Servica IO adopt I biD for a onlialDce e#lbliming die 1999 Mill Levy IO be collecled in the year 2000 . He ured this is the mill levy for this year , 1999, and aJllectal in die year 2000 . For the a-al Opaaaing Fund for the City ii is 5.11 milll, die Ddlt Service Fund is 1.175 milb, the mill levy is let for the Englewood Downtown Development Audlority at 4 .397 milll. He DOied tbcre is an example oo dlebadtolthe Council O!mawmicllioo lllowiDg wllata ___. woulcl pay for aSI00,000 bolllc. It lbowl that tllat bomeowncr would pay $61. 71 to die City. Coucil Mrilllber w.,._. MUd how dlia COlllplla IO ... ,_-•a. DirmDr Cilyglewicz adviled tbat the Geaaal mill levy is the --die mill levy for Ddlt Scrvice • ~ Allo, be DOied, the EDDA'• mil levy ii die w So, Mr. WagDIICI' aid, one aldlea did cleaew. die C-nmily Center Bead Fad. Mr. Cilyglewicz llid ya. 1k City Clerk rad die CIIUIICil biD by title: COUNCil. Bll..L NO. 51, nmtODUCED BY COUNCil. MEMBER WAGGONER A Bll..L FOR AN ORDINANCE FIXING nm TAX LEVY IN MILLS UPON EACH DOLLAR OF 1HE ASSESSED VALUATION OF ALL TAXABLE PROPERTY Wl'I1IIN nm CITY OF ENGLEWOOD, COLORADO, AND ESTABLISHING A Mil.L LEVY FOR nm ENGLEWOOD DOWNTOWN DEVELOPMENT AU11fOllrI'Y . COUNCO. MDO&ll WAGGONER MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA l'IDI 11 (a) (IY) -COUNCO. BD...L NO. SIL In l'ClpOIIIC IO Mayor 8uru, DirmDr Gryglewic:z llatal that this is DOt a tax inaaK. Motion carried. Ayes: Nays : Ablalt : Council Memben Glmu, Habenic1-, Wagoner, Grazulis, Bums Nooe Council Members Nabbolz, Bradlllaw (v) 8ulia. Dew:IGpmclll Coardimlar Scibdli pnlCllted a reoomnndatioa from die Depm1mall al~ IDd Buliaw Developmcat IO adopt I biD for a Clldiwa appn,ying ID I~ A,sW widt Flood Middle Sdlool for die imp.cu 1 al SIie ICliool '1 -111 playgruuad • I*' altllc Soudl 8raldMy Adioa PIIIL He explaiDed 11111 dlil is• illliSilSive tbat was and is a CIOOpCl1IIM widl die Eltpwood Sdlaoll. 'l1lil pnljoct ilMll'9 iapu. r aldle-111 lot al the • ) I . 0 • • . -. .. ,~-----------~------------ -. ~CkyC-U Odeller II, I"' .... ~- • • - , . .. Flood Middle School, he aid, by replacing the deteriorating six foot chain link fence, the planting of trees along the Broadway Corridor 111d the improvement at the deteriorating a>IICrdc wall. This has been let out for bidl by the ICbool . He 11M11111 tllll they expec:t to 11M: the bids back within the next ten days and c.ouncil CID tee within their l*:liel dlere i1 • intelperwntal agreement with the Englewood Schools for wllicb they mw lllocaed S20,000 toward tbia project. Mr. Scibelli said if there arc any additional qucstioal OIi tbi1 project he -.Id he hippy to__. them . Mayor Burlll llid lie -jlllt loakiDg • the drawing and pointed out Broadway where the trees arc and noted they IOlt at tum tbe cona. He ubdlllout tbe an:a that goes further cast on the approach to 285 off of Broadway there. Mr. Sc:ibelli llated tbll the cbliD link fence on that ltrctch of the 285 down ramp is in p,od alulpc.111 tllll ii..., to...._ He llid he wa llMIIIII by the ~tendent of bond construction for tbe IClloola, du Mrk. tbll tbe ICbool is going to 11M: an add altemale to the bid tllll they will pay for. to impnM tbe CIOIICfttC that goes along tbll ramp . So it will he a nice clean finish all the way down the ramp 111d it will wnp around. Mayor Bumi commaud he is always under the impralioa tbll chain link feoces at schools make them look like detemion ccllfCII. He llid he -wondering if there is anything that could he done with the fence itlelf along tllll length• wen. m:n dlougll ii imy be in p,od coodition. Mayor Bums noted he thought it -going to wrap aruund 111d go alCIIII the north part tberc a little further than it appears to . Mr. Scibelli said it only takes ..-y. Mayor Buns aid he -plcued tllll they have this, tbll he has been pushing for tbil bimaclf, tbll he made a Clllllact with the ICbool to pt tbia -,eel, because he really wants to do IOllldhing with tbll illflemt1ioa. But. perbaps dlere will be IOIDC more funds down the road to do a little bit more, • M go ellt 11111111d tberc. Mayor Bumi aid he dub tbia is a COlllidcnble improvement He conpllllaled Mr. Scibelli for lldpiDa pa lhil IIJICCher al wortiag witb the schools OD ii. Mr. Scibelli tbanbd Mayor Buns. Mr. Scibelli llid tbll ,.... • ..._ __ ID llil ~qacation is that he doea believe that the palitiw via.a .... flam Bnlldway .... HallilNlal will be accoapliabed by just doing that wrap around that oae -dial w I*. ~-Qllar. Aa a prac:1ical maacr. he aid, when you lib inlo account the irriplion improvc:malll, wllidl always are killl a( like big clollan, but you don't ace it W1til you start walering tbe trees. And dial, he ...... OIII. -a lot at the budget. He aid he thinks we arc at the top a( the limit ill wartillg with tbe IClloola, but it is going to be • p,od project. c.ouncil Member lllllalicllt abd if dlll liUle piece rA property ewr Uled for anydiing. Mr. Scibelli said not in wt years. dial prmoualy it -a ballpark 111d it is unocaqlied currently . He said • the very milliaa tbe ICbool will pa Mlad killer inlo the aacb in the upbalt there and improve the aesthetic ..,.__ rA it 111d ....... oil OINll CMr ii. The City Clat rad tbe council biD by title: COUNCll. BILL NO. 62, INTRODUCED BY COUNCll. MEMBER WAGGONER A BILL FOR AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN nm CITY OF ENGLEWOOD, COLORADO AND nm ENGLEWOOD SCHOOL DIS11UCT, PERTAINING TO nm COOPERATIVE BEAl1I'IFJCATION PROJECT ON nm NORTH PLAYGROUND AREA ALONG SOUTH BROADWAY ON nm FLOOD MIDDLE SCHOOL PROPERTY . COUNCIL IUMKR WAGGONER MOVED. AND IT WAS SECONDID, TO APPROVE AGINDA ITDI U (a) (Y) -COUNCIL all..L NO. 62. Ayes : Council Mcmben Gam:lt, Habenic:hl, Waggoner, Gnzulil, Bumi Nay1: None Ablcnl : Council Mcmben Nabbolz, Bnidahaw • . , ', ) I· 0 • • . -. .. ,, ...--. 0 .. • - h&iewood City c-11 Octeller II. 1999 Pqel!I Molion c:anicd. .. (vi) Capital Projects Manager Kahm presenlCd a recommendation from the Department of Public Works to adopt a bill for an ordinance approving the vacation or a water and sewer casement • CityCenter Englewood. Mayor Burns CXIIIUIICIUCI that this is what Mr. Kahm talked about earlier, at the Study Session . Mr. Kahln said yes it is. Mr. Kahm advillCd tbal wc arc reaching a poim, as wc attempt to clolc the Wal-Man property, where the pnllpeClM purdmcr Im asked us to clean up the tide and, in this case, abandon and vacate mility cascments tbal arc no longer needed on the site. Mr. Kahm llaed we have rcacbcd a point where the existing storm sewers have all been n:moved, sanitary lines have been flow-filled and the waler line on Wal-Mart bas a1IO been flow-filled, 111 it is lime for us to go ai-1 and vaca1e thoec easements . He explained that new caacmcnts for the new utilities will be added to the plat prior to its being recorded. The City Clerk read the council bill by title : COUNCIL Bill NO. 64, INTRODUCED BY COUNCIL MEMBER WAGGONER A Bill FOR AN ORDfNANCE AlTJ'HORIZfNG 11fE VACATION OF A PORTION OF AN EASEME1'rl' AND 1HE ACCEPf ANCE OF NEW UTILITY EASEME1'rl'S LOCATED AT CITYCENTER ENGLEWOOD . COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (¥1) • COUNCll. BILL NO. "- Ayes : Council Members Gamllt. Habenicbl. Wagoner, Grazulis, Bums Nays : Nooe Absent : Council Members Nabholz. Bradshaw Then: were no ileal lllbmiued for approval on lDCOlld reading. ( c) Resolutions 111d Motions (i) Senior Pi-Glabam presented a recommcndalion from the Department or Neighborhood and~ l)e\oclopment to adopt a reaolution amending Englewood 's Comprehensive Plan by illlCltiag languqe penaining to tnlllpOrtalion and Sau Fe Corridor investments. He said the pnlpC*d Comprcbelllive Plan ame~t, which can be adopted by reaolution, because ii is not being required by DRCOG, would pn,poae 10 recopize, in our ComprcbcDlive Plan, lbc imponance or lbc invatmeot in 1111A tralllit, lbc ligbt rail transit, and how the City nmls to rcali7.e a benefit from lbal lnlDlpOl1llion illlpfO\'CIIICII and n,cognizc that the land uses along lbc transit lines may need 10 be adjUSled to realize that benefit. We have met with lbc Planning Commission, he said, beginning in August, and Ibey arc beginning to talk about lbc lhings mass lllllllit may entail, especially near station sites, and talk about lbc land 111C1S and polelllial remning actions tbal would be coming forward. We feel, he llalCd, tbal this langulgc would IUppOlt lbc decisions !bat lbc Planning Commission is going to have to make in lbc near future after the lralllit line is open. EacntiaUy, be aid, lbc policy bas been bcfon: Council bcfon:. Mr. Ragoncai bclped c:nft the language « this lrllllpOl1alion policy and WC bead it al Study Sellion, approximllely a IIIOlllh a,o, widl bim. Mayor Bums said be was jllll going 10 8* if Mr. Ragonetti bad worted on this and be prawned be bad. • .. ) I· ,----~--------------------------:. . .---------------------- • • -. Ell&lew ... City Candi Octeller II, I"' ... 1, The raolution wu Uliped a number and read by title: RESOLtmON NO. 92, SERIES OF 1999 _,,... . • • -' A RESOLtmON APPROVING AN AMENDMENT TO 1HE TRANSPORTATION SECTION OF n1E ENGLEWOOD COMPREHENSIVE PLAN, TO ACKNOWLEDGE IMPACT OF IMPROVEMENTS TO 1HE SANI'A FE DRIVE/SOlITH PLATTE RIVER CORRIDOR AND 1HE DEVELOPMENT OF 1HE LIGHT RAIL SYSTEM ON 1HE LAND USES AND 1HE TRANSPORTATION IN 11DS SANT A FE CORRIDOR. COUNCU. IDMlll:R IIAlll:NICBT MOVJ:D, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • RESOLUTION NO. '2, SERIES 0 .. I"'. Ayes : Council Members Gam:tt, HabenicM, Waggoner, Grazulis, Bums Nays : None Absent : Council Members Nabbolz, Bradshaw Motion carried. (ii) 8..-Devdopmall c.oontinllor Scibelli praCDICd a m:ommendation from the Department of Ncigbborbood and 8--Dcvdopmenl to appl'O\'C, by motion, a design contract for enlly pon _.._ disbict signqe, 111d parts si&JIIIC as pan of the South Broadway Action Plan. Mayor Burns noted stall'fflCOIIIJIICDds awarding the contncl to Tacito Design. Mr. Scibclli llaled lbal the objective of Ibis pn,poal is ID c:nbancc Englewood 's community image and idenlity within die meuapolitm-. Really, be aid, it is to improve the idaility of Englewood to individulll lraYeling to 111d dnup die City on our...,.. commcn:ial axridon, to create a linkage, an Cllblllced linlla,e. of Ille -delip .... 11111 M ~ ._ looting. in OUI' wort OIi South Broadway, on Hampdal A-llld Ci~ Englewood, and bringing togctbc:r common clements such as <:Olor, ironwolt and the biltarical idealily ofdle community, as wc ~ seen in the identification of the Cbcndyn dislrict, 111d ru:cndy the Bl1ICJbidF clillrict on the soudl end of Broadway, with identifying elements. Spccifically enay pons, lie aid, M die DOllh 111d south ponals of South Broadway, at the eas1 and west ponals of Hampden Awnuc llld caking this common theme and applyillg it to district signagc in our four dilUicll witbin Broadway . And then finally bringing it out into the a,mmunity, into our ncigbborboods. iltdle pna, die ..,t facilities and looking at having a>mmomlity in the identification of all public facilities in Englewood. Mayor Bwnli llicl lie secs tbll lie Im the fual year 200 I and 2002 capital budgecs for the cnby ports . He asked if tbll -riglll. Mr. Scibclli aid tbll wu correct. Council Member Habenicbl aid lhc jllll wantal to clarify that Ibis has been worked on with all of the other dcparlmenls. our PR clqllrlmall llld all of lhll, 111 CYeeybody is aware of everything that is being clone, that everything is being coonlinatcd. Mr. Scibclli said abaolutdy, that lie wasn't surc if they wanted to bear from the Parb and Recralioll Deputmcnt, but they ~ worked very closely with Dave Lee, the Director of Open Space and Jendl Black, a>ordinating this effort. Mayor Burns opined that this is very imponanl and lie is really happy to see this a,ming before Council He said it wu more good wort and he offered bis apprecialion to Mr. Scibelli . Mr. Scibelli thanked him. Council Member w...-, asked MIil tbe fiDal figure OIi the contncl -. if it -• not to exceed. Mr. Scibelli aid yes, the final fipre for eadl a,mponeill is $31,000 for the en11y port, $9,000 for the district lism,c and not fO cxcecd allO, OIi the ..,ti iUpllC, $14,!00. So, Mr. Wagoner aid, wc ~ a toCal of $61 ,!00. • ) I· 0 • '• • -. lqlew• City Ceudl OcWler II, I"' ... , ~ -· • • - .. ,. ~ Council Member Habenicllt liked if this includes the blnnen. Mr. Scibelli aid DO it does not, tbal the .,._.. bave already been designed and the design CX>IU'IICt WU previously appnMld by Council . COUNCil. MEMBER WAGGONER MOVED, AND rr WAS SECONDED, TO APPROVE A DESIGN CONTRACT, IN TIIE AMOUNT 01' $61,MI, WITH TACITO DESIGN IOR ENTRY PORT MONUMl:NTADON, DISTRICT SIGNAGI:, AND PARKS SIGN.AGE AS PART or THE SOUTH 8ROADWAY ACDON PLAN. Ayes : Council Memben Gama, Habenicbl, Wagoner, Grazulis. Bums Nays : Nooe Ableat: Council Memben Nabbolz, Bmdlbaw (a) Mayor's Oloice (i) Mayor BW111 said, • be ma•"i.oaed before • Sludy Session, we did appear at a Tramit Oriented Devdopmcnt Semiiw. It -• the Colorado Boulevanl and 1·2S 1ocatioo for the light rail stop. He noted be, Julie Orazulil, Bob Simplllll and Gary Sean were there for III05t of the morning and it -very imerating. Mayor Bums aid lhat we are already incorporaling a lot of the clements into our development (ii) Mayor BW1II staled be aaeoded the school board dilc:ussion and debate last Tllunday nipt • Englewood High Scbool llld tbey did ask the amcliclates about the City programs with tbe ICbool dillric:t and wlletber tbey sllould be cxpuded or cblllpd or wbalner. GenaaUy. be noted, they Fl vcry good feedback from diem, vcry politM feedblck. He ad¥iaed tbey are vcry plCllled with the n:lllioalbip between the City aMI the ICbooll aMI tbey said, if anydliD& tbey would lib to cxpmd t1101c propw. Mayor Bums oomnnited that they MR very plCllled that be llllalded, 111 be !hims we Fl 101DC goodwill out rA thal. He said he wilbed there MR more cilimll • the diibalc, ~. • tbere M1C11 't that many. (iii) Mayor BW1II noted that 1bunday the Chamber of Qinuncrcc is having a luncbcoo and they will bave a prelClllllioa by the City Council cwwtidlta. (iv) Mayor Bums COllllllmCd that Council received in their packets a l'CIOlution pa..t by the City of Littleton supportiDg Ille bond iaues oo the IOUthcalt corridor, both the RID propoal for lipt rail and the COOT propoal for more lanes . He propo.t tbal we have an onlinancc in the amc f-tllll wc would .--11111 ... du cwcning and au the City Aaomey to put it in the ame form. Mayor Burlll noted du ii the last meeting. CXllqlt for the ~ bd'ore the clectioo, tbal we can do this. so be would lib to do have Council ... this ifbe oould and be able to set IOfflC publicity . Council Member Habenicllt said sbe wanted to~ thll be wu asking for a reaolution . Mayor Bums said tllll -right, a lellllulion. Mayor Burlll aid be tbougbt they bad indicated a aJIIICIIIIII at Council's Study Session to go ahead and appnMthil. City Aaomey Brotzmlll adviled Council oould approYC a motion tonight, but tbey can't do a l'CIOlutioo tollipt. He aid if tbey would lib to do a motion that says the same thing that would be all right MAYOR 8URNS MOVED, AND IT WAS SECONDED, THAT THI: CITY COUNCil. or THE CITY OP ENGLEWOOD SUPPORT STATE DnUNDUM A AND RTD 8ALLOT QUESTION •A IN ORDER TO IMPLURNT THI: SOUTlll:AST CORRIDOR MULnMODAL • ' . ' " ) I . 0 . ]- • I I • -. Ea&lewood City CGUdl Odeller 11.1"9 .... ,. -· • • • .. .. ' ... TRANSPORTATION PROJECT AND TO HAVE A MOTION DRAWN ON THE SAME FORM AS THE LITIU:TON RESOLUTION. Ayes : Council Membcn Gama, Habenicbl, Waggoner, Gnzulis, Bums Nays : None Ablent: Council Memben Nabbolz, Bradshaw Motion carried. (v) Mayor Bums said be would like to cxtald further a,ng,alUlalions to the Waste Wrllil Trealmcnt Plant CID the EPA aWIIIII that were lhowo to Council earlier and be hoped a nwnbcr of Council memben aJUld appear at the awudl ceremony . Tboae are excellent awards, be 5Ukd, and they are to be CIOllgllllulatc (b) Council Member's Clloice (i) Council Meml,er Gama: I . He aid, becaUle two citizall sailed the imie of taking away the grandfathering provision in the ontiJm1C1C OD group home facilities and allO die IOlt of subtle tbreal of litiption tom the penoo, if we were to take it OUI, that be -.Id like the City Attorney to get Council IOllldhing on that and put it in their packel. J• to pl m idea of ftll ii Fil!I CID tbae. 2 . He med w1-Nei~ ad~ Development would be changing their name to c--ily Devdopmeal. w1--.Id WC do that. City Attorney Browoan advilCd they had a meeting tbil afternoon and they are problbly loakiDg at the beginnillg of the year bringing several modifications to Council to elem up the Code. ea-:il will problbly formally approve the c:baoge in January , he said. (ii) Colacil Meml,er Onz:ulil : I . She aid the aJml'IICtol'I did a pal job filling in 10111C of the c::oacrdc back in the alley way just back there bdMeD Broadway ud LiDc:oln. Ml. Grazulil advilDd that not anly did they do a good job of illltalling it, but they did a good job of cleuilll up and she jllll wanled to IXlllgl'lbllatc them on that. 2. She aid that down OD South Broadway where they put in the new feocing. that that looks really pal. 3. She advilDd she received a call flllm JB'1 Moton, an mo n:pair shop in the 4400 block of South Broadway. He informed her that about l1l'O or tine years 110 be was promilCd IOIIIC low lights in the alley to aailt with the vaodalilm pn,blcm they were baving and they have never been imlallcd and nobody ever llOlllaaed tal. 4 . She aid, gdliog back to the lelllilm today, that tbere -one notable quote "a little chaos in a TOD project ii good. it adds flavor, like ult and pepper." Ml. Onz:ulil aid she -going to be passing out alt and pepper to everyone to remind them that a liale c:baol ii good. that it adds a little flavor. 5. She lllid du ... Tllunday, at the CML program, Ille and Gary Sean attended, in the evening. the pl'CIIClllllion by Tim wllo Ml the project diJector of the Pepsi Caller. He said that delays were good. becaUle they bad their two year delay and it gives you a cbanoc to IICp back and take a look, to raaess what ii going OD and m'iew it IO llllkc IIXll'C pal improYemeall and fabulous additions. Bccauac, she noted, the Pepsi C.eater ii world rmowncd rigbl -. even with the ones that will be opening next year, it will llill rile lilovc all of them. He thoupt that the delays were a politive, IO be looked at it politively, she aid. (iii) • I . 0 . ]- • • • Eaatewood City Ceudl October 11, lffl .... , .. ~ .,,.. .. • • - .. .. l . He noted Council bad IIOIIIC resolutions in their packet for CSlablishment of salaries. .. ' ~ Council Member Waggoner lllbd that the remlution eslablilhing the amwal salary for the City Manager be uliped. number and iad by title. Tbc raolutioa -aaiped. DUlllbcr and iad by title : RESOLl1110N NO. 93, SERIES OF 1999 A RESOLl1110N ESTABUSHING 1llE ANNUAL SALARY FOR 1llE CITY MANAGER. COUNCO. Ml:Ma&ll WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE llDOLU110N NO. 93, SERIES O• lffl. Ayes : Council Members Gamtt, Habcnicbl. Wagoner, Grazulis, Bums Nays: Nooe Absent : Council Members Nabbolz, Bradshaw Motion carried. Council Member Waggoner asked that the raolution establishing the annual alaly for the City Attorney be uliped • number and iad by title. Tbc resolution -uliped a llUlllbcr and iad by title: RESOLl1110N NO. 94, SERIES OF 1999 A RESOLlmON ESTABUSIUNG 1llE ANNUAL SALARY FOR 1llE CITY ATI'ORNEY. COUNCO. MEMBER WAGGONER MOVED. AND IT WAS SECONDED, TO APPROVE llDOLU110N NO. M, Sl:lllES o• I,,,. Ayes: Council Members Gamtt, Habcnic:bl. W.,._-, Gnzulis, Bums Nays : Nooe Abaent : Council Members Nabbolz, Bradshaw Council Member Wagoner asked that the resolution establishing the annual alaly for the Municipal Judge be alliped. numbcr and iad by title. Tbc raolutioa -aaiped a number and iad by title : RESOLl1110N NO . 9,, SERIES OF 1999 A RESOLlmON ESTABUSHING 1llE ANNUAL SALARY FOR 1llE MUNICIPAL JUDGE. COUNCO. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE llDOLU110N NO. '5, SERIES o• I,,,. Ayes: Council Members Gamtt, Habcnicbl. Waggoner, Grazulis, Bums Nays : None Ablcnt: Council Members Nabbolz, Bradshaw Molioll carried. 2. Council Member w.,._. ldvillld, rcpnling alley ligbta. that any ara can have an alley light or .-e • alley 1ipt IUdloriml, dlll all they have to do ii contact Public Service Company and have them ' .. •. ) I· 0 1 • • -• ~ City COIUldl Octeller II, I"' .... --. • • - .. , . illllall it Council Member Waggoner pointed out that it actually goes OD !heir own electrical bill, it is not paid for by the City. At 1cut, be said. that bu been the pat practic,c. Council Member Orazulis said okay, tbal be said be -promiled it by ancbocly in the City and it bun 't been inslalled. Mr. Waggoner said be nmll to conlact Public Savice Compmy on bis own 111d they will iDllall the lights for him in the alley and be will pay for the iDllllll«iooL He DOied thcrc is -kind fl formula they Ille, drpmding 00 the number ofyan it takes to pay back the ligllt on the-i r-. Ms. Cinzu1is ltllCld bc wu informed lhat since he WIS in ODC mtbole tl'Ollbled -tbat it would be iDlllllod becaUle it would help the officers. So, she mggated, maybe ICllllllbody could look back on dial. City Manager Sean llllcd litafr can double check tbll, bul be notcd, Mr. WlgllllCI' is rigllt. dlll liacc it is not a City ligllt. eapeciaUy if it is just off bis building. tbal be may end up paying for the iDlllll#ion, bul they pay for the bill over the life . But. be said, be will MW Public Worb or Bab Simpal do -follow-up on tbal. (iv) Council Member Habenicll: I . She llid • UDdr:.rmnds tbll thcrc is an opening OD the youth council and she asked if those appointmaa -made by Council. Council Member Grazulis uked if tbia ftl for Pub and Recrcalioo . Ms. Habenicht said yes. The indication --Council makel thole appointments. Council Member Habcnicbl said 1111c would like to nominalc Kendra Grazulis for that opening. Council Member Gama oommcnled that Council usually does thole in Janwuy and be asked if they do intaims. Council Mcmbcr Glulllil ......... tbil ... beea opea and Jcmll Bliek bad specifically indicated tbll he wnald like to MW it 11111111c had Mllllilled her applicllion approxinWdy six to eight weeks ago . Mayor Bwa said be dlougbt Council could do it anytime they W811L City Attorney Brotzman advised Counci1 can do tbll, 11111 lie aaked if Couacil would like to brilrg it 11CX1 time • a fom.i resolution, then it is documcnled Council Mcmbcr Habenicll llid dill is fine . City AIIDnley Brotzman aaked if thll 1IU the Cllllll:IIIUI m Council. Council indic:ltod t1111 -okay . 2. She aid 111c lllalded die Hiltoricll Socicty meeling and one m the tbingl dial came up was that she does not think die Hiltorical Socicty bas any way of moving the archival things tbll they have into the ncw locllion, at the new CityCcntcr. · She aaked if the City could include that mow: with everything else they aR imving. becala they are moving everything cl1e anyway . Ms. Habcoicbt uked if they need a motion for that. City Mulpr Scan aaked if they could a,mc back to Council. He advised dial Mike Flaherty bu volunteered to lead up our dl'orts in tams m the rdocllion. In fact, be noted, thcrc is a meeting tomorrow morning where WC will 90 tbrougb and detail the plans and how the 1DOYC will happen. Mr. Scars opined dial the timing is perfect for tbll. We will need to have a COD11Ct with the Hiltorical Society, but be noted, we will my in toucb with Ms. Habenicht He said be didn't 1C1C any reuon why we couldn't and wc did set aside S2~.ooo for the move, ., be thought we could aa:ommodalc tbal along with cvcrytbing clsc wc arc doing. 3. She aid 1111c undemands tbcrc will be a ldl,:r fCll1bcoming rcqUClling the City to follow through on the mecang the Hiltorical Socicty bad with litafr and they will asking for support with a facilitator to do their long tam planning. Sbc aid she thought tbat would be coming IOOII. City Mulpr Sean said be dlougbt we hid bcanl about tbll, tbll thcrc wu l'Cllly nothing wc need to say OIi thll tOlligllt. lllllil WC pt the leacr and then we will bring it back to Council . • ' . I . 0 i]- • • • I' ..... CIIJ c-a Odllla' 11, I"' ... 21 ··t/· . ..._ .. .. .. ~ -_... • .. • • ' .. City Mulp Scan opiDlld ... M lie ........ IO pl llllt uader CXllllnJI, that the HillOric:al Society is ....... wida Jmr leadmllip, IO lae dlil iD a direclioll, llllt M CID lqin to ICClO!Dmodale and M CID move dlil IO the llal lewl. He 8lbd If ... w • ...,....,_ Ml. Habenicllt said ya. 13 . CIIJ ......... .... (a) City ....... Sem lllid lie,;.. w8*111 IO say tlmb lO Ille c:o..cil, dlll it Im beea a ........ lirtlle ... Cllllllle fll,-.. 11111 lie lllil*l we 11e alkial ,...-ad lie apprecillCI Council's ecal'fee e He_.. lie .... allD lllle ID ay dlab ID Ille l>cplrla.-Dinlctml wllo lie back tbae ........... a~ ...... llnllllr, a we aw a lot flltblappillg cm. Mr. Seas llaedFnak O.,llnkz ................. Ille ......... Rick Kalm is ......... OIi die COllllnlclioa J 9 lie lllid it ia--wlllt is FUii Oii CMr tbae wida all tbc indiYidual -.. ffe ltaled Bab S..,.. ii.., a ...... ad 8llled Ill flldle tbiDp on the A,-la lillllipt lllll were III die .... lie ia ..... ca. ~ Mc:a lllillalllilall IOplm. llipt-, lie 80led, with Mile l'lalllllty, we aw a ... -. Mr. Scan ocan t 1 llllt M ae pulling topdla' a whole bunch fl ----So. lie said, tlimb to ....... dab ilr die cmfidrllce rlCouncil . ..... ... ~joinl City Maapr Scan iDdlanldllg .... He noted ...... rally done ,._ wwk iD Ille ... IIMlal mantbl on our projectl. He aid it is pat to aee . 14. C11J Aaenef• ..... City ADlnCy BftllZmm did DIil line my Dllllen ID llrilll bdcft Coac:il. 15. ........ ~...,...,o....,__.,., __ ....... ~l.ctc . Clllk ' . '· ,. ,.. .... ., . .. 'I ) I· 0 - • • .. --· • .. • •• ... AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY . OCTOBER 18, 1999 7 :30 P.M . 1. Call to order. ·?· ~ 'f.3 ~ 2. Invocation. ~ 3. Pledge of Allegiance .~ 5. Minutes. .. .. ' .. ~':i ,{) .a. Minutes from the Regular City Council meeting of October 4, 1999 . ~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes .) AY 7. Non-Scheduled Visitors . (Please limit your presentation to five minutes .) a. . -/IAIJ.1.-Jt.l./lt ITZ- 8. Communications , Proclamations , and Appointments . ,. ~5-{) a . Proclamation declaring the month of November as National Hospice Month.~ 9 . Public Hearing . o/)f/5',{) ~~ t?f ~ii:(_~~ a . A public hearing to gather input on Council Bill No . 56, pertaining to Group Living Facilities.~ "5fltf/5£N/Oll. '/)(,AJJA}£.~ -/)Ai)/J /)/,I/~ f~ bfl/Mtrz- &.l F~IK 4fl'ds-,o ~~1i;alht.-~~~ PleaM nota: If you have a dlublllty and need auxiliary aids or MMCM, pleue notify the City of Engl..ood (303-782-2405) at leut 41 hours In advance of when ..-vtcN are needed. Thank you . • • ., .. I . 0 ,---------::--------------.. .]- • • • .. • •• ft .. Eng'-d City Council Agenda October 11, 1tlt . Page2 10. Consent Agenda . a . Approval of Ordinances on First Reading . i. COUNCIL BILL NO . 61 -Recommendation from the Department of Financial ~t:S".,.0 Services to adopt a bill for an ordinance amending Ordinance No. 53 to ,r.. correctly state the month in which the Paving District 38 Bonds will mature. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services.~ b . :,;..roval of Ordinances on Second Reading. . c . Resolutions and Motions . 8/JJ:.N<; ~llldVf!.P 10 I-IV Fi!M TIIE ~~r~ ~':i,O !ALMnUL-~M1r.J/1Jai ii'f11/ -rr -. -f.T Reco~~;~datio~-fr~~Ahe uttieton/1:ngle~ood Wastewater Treatment Plant • Supervisory Committee to adopt a resolution approving the sole-source /J. . 11.9/ purchase of an Adjustable Frequency Drive and motor from Energy ~ Management Corporation for a total cost of $46 ,794 .00 . STAFF SOURCE : Stewart H. Fonda, Director of Utilities . . ii . Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve. by motion , the purchase of a roof for the digester complex. The Committee recommends awarding the bid to the low bidder. Douglas Roofing Company, in the amount of $178 ,800 .00 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. iii. Recommendation from the Department of Financial Services to approve , by motion . a contract for an Electronic Document Management and Imaging System . Staff recommends awarding the bid to the lowest technically acceptable bidder, Avacom . in the amount of $75 .161 .00 . STAFF SOURCE: iv. Frank Gryglewicz, Director of Financial Services. Recommendation from the Department of Neighborhood and Business Development to approve , by motion. a transit/bus shelter contract with Outdoor Promotions . STAFF SOURCE: Art Scibelli, Business Development Coordinator. ~ 11 . Regular Agenda . a. Approval of Ordinances on First Reading : -i. COUNCIL BILL NO. 63 -Recommendation from the Department of Neighborhood and Business Oeveiopm~nt to adopt a bill for an ordinance amending Englewood 's Comprehensive Plan to accommodate the regional Urban Growth Boundary described in MetroVision 2020 . STAFF SOURCE: Mark Graham, Senior Planner.~ PINN "°'9: If you have a dlubillty and need auxiliary aids or Mf'Vlc:n, pleue notify the City of Eng'-d (303-712-2405) at leaat 41 hours In advance of when urvlc:es are needed. Thank you . ', . ' I . C, . ]- • • .. " • • • ... .... -~ngl-ood City Council Agenda October 18, 1999 · Page3 -ii. -iii. .--iv. vi . COUNCIL BILL NO . 59 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance approving the City of Englewood 's Budget for the year 2000. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. ~ COUNCIL BILL NO. 60 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance appropriating funds for Fiscal Year 2000 . STAFf,,!~U.,~~~: Frank Gryglewicz, Director of Financial Services. v11"7JW/l-/" COUNCIL BILL NO . 58 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance establishing the 1999 Mill Levy to be collected in 2000. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. ~ COUNCIL BILL NO. 62 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an Intergovernmental Agreement with Flood Middle School for the improvement of the school's north playground as part of the South Broadway Action Plan . STAFF SOURCE: Art Scibelli, Business Development Coordinator. ~ COUNCIL BILL NO . 64 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving the vacation of a water and sewer easement at CityCenter Englewood. STAFF SOURCE: Rick Kahm, Capital Projects Manager/Director, Englewood Environmental Foundation. ~ b . Approval of Ordinances on Second Reading . fr c. Resolutions and Motions. i. ii . Recommendation from the Department of Neighborhood and Business Development to adopt a resolution amending Englewood's Comprehensive Plan by inserting language pertaining to transportation and Santa Fe Corridor · investments. STAFF SOURCE: Mark Graham, Senior Planner.~ Recommendation from the Department of Neighborhood and Business Development to approve , by motion, a design contract for entry port monumentation, district signage, and parks signage as part of the South Broadway Action Plan . Staff recommends awarding the contract to Tacito Desig~n STAFF SOURCE: Art Scibelli, Business Development Coordi ator. ~ / 111f'. A-IAOIANr OF tt,/1 5~.D() PleaH nota: If you have a disability and nNCI awdllary aids or services, please notify the City of Enalewood (303-782-2405) at lent 48 hours In advance of when services are needed. Thank you. -. ., ' I . 0 • • Englewood City Council Agenda October18,1999 · Page4 . l · ,,,. .. ,• ~·. ·- APP'D 5-0 12 . General Discussion. a. Mayor's Choice. b . Council Members' Choice. • • • .. .. BURNS MOVED THAT THE CITY COUNCIL OF THE CITY OF ENGLEWOOD SUPPORT STATE REFERENDUM A N«J RTD BAI.LOT QUESTION 4A IN ORDER TO IMPLEMENT THE SOUTHEAST CORRIDOR MULTIMODAL. TRANSPORTATION PROJECT N«J TO HAVE A MOTION DRAWN ON THE SAME FORM AS THE LITTLETON RESOLUTION. .. ~j~-oi. ~flfpl~ii. ik'*t"'*~i Resolution approving the City Manager's salary.~ Resolution approving the City Attorney's salary .~ Resolution approving the Municipal Judge's salary~ 13. City Manager's Report. a . CityCenter Englewood Update . 14 . City Attorney's Report. Adjournment. 9:/0 ~ The following minutes were transmitted to City Council between 10/01/99 and 10/14/99 : Englewood Non-Emergency Pension Board meeting of July 13 , 1999 Englewood Non-Emergency Pension Board meeting of August 16, 1999 Englewood Cultural Arts Commission meeting of September 1 . 1999 Englewood Liquor Licensing Telephone Poll meeting of September 1, 1999 Englewood Parks and Recreation Commission meeting of September 9 , 1999 Englewood Public Library Board meeting of September 14 , 1999 Englewood Non-Emergency Pension Board meeting of September 20, 1999 Englewood Planning and Zon ing Commission meeting of September 21. 1999 Englewood Liquor Licensing Telephone Poll meeting of September 22, 1999 , .. PINN nota: If you have• dlublllty and IINd auxiliary aids or MrVlcN. please nollfy the City of Englawood (303-712-2405) at least 48 hows In advance of when NMCN .. IINded. Thank you . • I ' ~· .. '• . ' . ,:. ) I· 0 3 X • • I ._ • .. /" . • .. • - ENGLIWOOD CD'Y COUNCll. ENGLEWOOD, AIIAPAIIOE COUNTY, COLORADO I. Cal•°'*" 1be regular IIIOCling afthe Eqlnwood City Cauncil was called to order by Mayor Buras 11 8:02 p.m. 2 ......... 1be iDWCllioa -pea by Council Member Nabbolz. 3 . 1be PledF al AllegiaDce -led by Mayor Bums. ,. a.uc• Ablall: Council Members Nabbolz. Grazulis, Garren. Bradshaw. Habenicht. Waggoac:r, Bums None A quana -paaml. 5. Mi..ta Also praent: City Manager Scars AlliSlaat City AIIOnlCy Reid City Ciak Ellis Director SilllplOII. Ncigllborbood and Business Development (a) COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO Sa APPROVE THE MINUTES OF THE SPECIAL CD'Y COUNCll. MEETING OF SEPTEMBER 20, 1999. Ayes : Council Members Nabbolz, Garren. Bradshaw, Habenicht, Waggoac:r, Grazulis, Buras Nays : None Motion carried. 6 . Sclleclaled V"llitan (a) Mayor Buras advised dial Pam Ratty, a Lillleton resident, was present to discuss a propoal for CityCemer. Pamda Rally llaaed sbe was pnaeat to ~ a new coacepl for the Englewood CityCenter. She said she DOied wilh ..-illlaat die Septe,11111 • 13 ll1iclc in die DaMr Poll dial was comlDC'Dfing oo Council 's concau about the prop11 llld wlledlc:r or not you were Nally meeting your objcclivcs. She DOied the aniclc ...... dlll City Council nalled .-thing difl'crmt, not just IIIOdler big box shopping mall. Aa:onling to dais ll1icle, lbe llid, die City bu bid cWlic:ulty in aancring 1111,jor n:tailcn to the CityCenter bccaue you fed dial dlcy fed • die DaMr awbt is too crowded. SIie comlDC'llfc:d 1h11 Mr. Sean llaaed be -llill aptimillic dllt die City CID find m exciting way to aa:omplisb die project. Ms. Ratty DOied lbe agrea, lhal it is a pm pn,perty . It is rigk ncxt to die light rail lilllioD and the City bu a great • .. ) I . 0 • • \-( 3 • Eactewood City Coullcil October 4. 1999 Pqel .. • • - vision, but. she said. she thinks they should consider a different market niche . Ms. Ratty stated that her concept for the CityCcnter is to cn:are a multi-purpose, Colorado market place that provides small family owned busiDcsscs, a venue for showcasing their products and marketing directl y to the consumer. It is an exciting, nontraditional center. She opined tbal we already have enough malls and retail chain stores and Slrip malls. She COllllllalted that we need a diffm:nt venue and there is a niche to be filled bcrc . Tonight. she said, she is proposing what she thinks is an exciting new concept. it is unique to Colorado . but it is not unique to other cities. This would be fun. festive , exciting, eclectic and it would be iike an Old World market. She asked if anyone bad been to Seaale and visited the Pikes Peak Market in Seattle. Ms . Ratty said what she is proposing is similar to that concept in Seattle and it has been very . very successful . It would be place where people can buy high quality Colorado products that arc grown. designed. crafted or prepared by small family businesses. It would be a year around market. very similar to the Pikes Peak Market in Sealtle and we would be the answer to the Pikes Peak Market . It would be successful . because it would be fun, and just shopping in such a market becomes an aaraction. because it is an c:o1citing place to be . She advised that other successful markets include the Fifth Street Market in Eugene. Oregon. which earns more per retail square foot than any other retail center in Eugene and Faneuil Hall :',,1arkct Plat: in Boston. And, she said. to go outside our counby ... Paris bas grcal martcets . Christ Church in New Zealand bas a wonderful market that brings together artisans. bakers and farmers . So we need to tum this into a market that bas an attraction that people want to come to because it 1s fun. Ms. Rany stated that her background bas nothing to do ,.;th real eswe. She said it includes twenry year.; of corporaie e;,iperiencc in marketing communic:llions. new product development. consulung :ind ca1tle ranching. She said she was raised on a ranch and she bas been consulting with her sister who markets naiural grass fed beef. Just before she saw the article in the paper they had been at the Cbmy Creek \.larket. which has become her venue to market her products directly to the consumer. So , she pointed out. she widerstands the challenges thal face small businesses . Agricultwal businesses, as well as others But. she swcd. whether you are raising and marketing food products like beef, honey . pesto sauce. wi ne. bakery products or non-food products like wood furniture , quilts. jewelry, clothing. art or collectibles , the challenges arc all similar. Production costs often outpace market prices, malting it difficult to tum a profit or market forces make it IOUgb for small business people to survi,·e. So small Colorado businesses have Deeds . They need to get their products to the market and they need to make a profit. They do DOI have the profit margins to compete with the big guys and she envisions crcaling a type of small business enterprise zone with affordable retail and business space for entrcprcncun to market their products direct to the co nsumer. We would tie-in to the Colorado Proud Program that has been recently launched by the Deparunent of Agriculture and tie-in to local new business incubators. In fact. she DOICd. there is also a ni che in the market place for retail business incubators. similar to the incubators you find in Denver County. Boulder and Grand Junction . She said she does not believe this county has a business incubator. but a retail incubator would provide economies of scale to enable new businesses to get off the growid The space would be dedicated to providing affordable, shared office suites, as well . so entrepreneursbips have all they need in terms of furnishings. commwtications and administrati,·e suppon services without the need of high overhead. She said they would also work in conjWICtion ,.;th city . state and federall y supported education programs to facilitate business development, for young and emerging businesses or entrepreneurs to be successful in their marketing efforts. For example. she said. the mission of commwtity colleges is to train people to do business in the community, so this would be a natural . Most small businesses find themselves locked out of regional or national retail stores who prefer to buy from larger entities. who can guarantee the largest supplies and consistency . And many do DOI have the capital or do not have the desire to grow their business into a national enterprise. But, she DOICd. they love what they do and want desperately to make a living doing what they do. We will continue to have new entrepreneurs who ha,·e a dream and have a product they want to take to the market. she said. On the other hand. you have consumers who arc becoming bored and disenchanted with the crowded, big store , big mall concept. No longer do people believe that bigger is al,wys better. She stated that consumers arc longing for the penonal touch. they want to know the people behind the products that they buy . They like knowing the source of the products they eat. And in direct reaction. she believes, to the sterile computer era.. we arc looking for new ,wys to make penonal statements. Add to this, she said, the consumer nostalgia for the old. for the way things used to be and an evolving social conscience, wbcrc people truly care about supporting people who arc bying to achieve something to make it on their own . Ms. Ratty e,iplaincd that these trends arc being driven by the a • I • • • • l:.p.,,oollCltyC-8 OctNer" .,,, P .. 3 ;.'!., ·~ .. ~ ,,... . • 4 • -.. baby boomen and lbere are maay rL us bae in Ibis room today . And we know. she said. that every trend dial we bave pusbedbasbecn phca menal . SIie uid sbc bas scen Ibis aew allitude.jusl working first band with lier sisla' in the Cbcrry Cna Farmers Mimi. The people dicre are keenly ildcrcslcd in knowing. not only about tbc products Ibey are buying. but in supporting tbc small f'armcn. It bas also become a fun and IOC:ial occasioll for many rL tbclC sboppen. They are not just going shopping. They like tbal old time villqe CIDIICqll SIie said sbc -sure they haft read tbc recent aniclcs about tbc farmcB martets and tbcir popularity and why, in tbc Demer BusiDcll Journal and tbc Demer Post. She opined 1ba1 what would be a really wonderful OUlpowth rL this would also be creating a aaltunl liaison between people in agric:ulturc, people in small busi-. and people in tbc city. SIie said she lhinks tbc relationship building would be good for both. ADOdler point sbc felt they should consider, and, she noted, we may not appreciate this now, but ten years from now tbc retail business will be PlbstaDCially different than it is today because of tbc llllenlct. And ral Cllale, sbc said, will be a sipific:aady smaller factor in the retail business. Major retailing will be COIIIICiCled to tbc IDfcmet and smaller marbtcn will need space for retailing their prodUCIS . Small family owned busiDeslcs haft adapced to their market cba.llenges by relying heavily on these markets, fcstivals. holiday marts, local retailers and kiosks in the big shopping malls. She said, if they have been in the malls rccendy. especially around the holiday season. you can barely walk through the malls . because of all the cans and the kiolks, and lbere is a rea1011 for that and they are sold out. So. she said. she thinks there is a niche to be filled and she is prepared to fill it Ms. Rally advised she bas talked to small business owuen • these markets and spoken with David Hill al Market Colorado. who provides a forum to bring together bainesses to get tbcir products to the market. to the buyers. :is well as for the bu)·crs to find Colorado products. They are both excited about the possibilities, she said. and she bas talked with the Department of Agriaalture, their markets division, the people invoh·ed with the recently lawlc:bed Colorado Proud Program and she bas also talked to the SSA's Office of Economic Development She advised they all told her dial her proposal is in line with tbcir mission and that they would like to discuss bow we might interface and coordinale dfons. They are not only inlerested in the initial development. but also in the small businesses dial would be housed there. And, she said, she bas talked with a group of investors who are inlcrated in this venture, depending on the paniculars of the project So. she said. this is what she wants to do and she needs to know if it is something they would be interested in and bow we might IIIO\'e forward. (a) Casey Stockwell, Planning and Z.Oning, 3919 South Washington Street. stated be is excited by the proposed Phase I and be -hoping they would use the time between Phase I and Phase n to gather concffle dala for a prcsentatioa to the Fcdenl Govemmcnl for support of a Performing Ans Center in Phase n. He said be was just hoping they would keep their minds open to this possible use in the future. 8. CoaaHicaliollt, Prod-aliolll u4 Appoiaa-u (a) A proclamation declaring OctdJer 1999 as Crime Prevention Month was considered . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING OCTOBER 1999 AS CRIMI: PREVENTION MONTH. Ayes : Council Members Nabbolz, Garrat, Bradshaw, Habenicht. Waggoner, Gnzulis, Bwns Nays : None Motion carried. (b) A proclamation declaring the week of October 4 through 10, 1999 as Fire Prevention Week was considered. COUNCIL MEMBER BllADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLARING THE WEEK OP OCTOBER 4 1BROUGH 10, 1999 AS FIRE PREVENTION WEEK. • ' .. \ I • 0 -. • ,, ,,.--· • .. • -' Eaaiewooll City Caaacil Octeller '9 1"9 Pqe4 Motion carried. Ayes : Council Membcn Nabbolz. Gama, Bradlllaw, Habenicbl, Waggoner, Gnzulis, Bwm Nays: None (c) A proc:iu.aioa declaring die week oCOctober 2S lbrougb 31 , 1999 as Red Ribbon Weck -considaed. COUNCIL MEMBER NABBOLZ MOVED, AND n' WAS SECONDED, TO APPROVE A PROCLAMATION DECLAlllNG TIIE WEEK or OCTOBER :ZS THROUGH 31, 1999 AS RED RIBBON WEEK. Ayes : Council Membcn Nabbolz, Gam:u. Bradshaw, Habenicht, Waggoner, Gnzulis, Bwm Nays : None (d) A proclamation declaring the week of October 2S through 31. 1999 as Community Policing Weck was considered. COUNCIL MEMBER BRADSBA W MOVED , AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DECLAlllNG THE WEEK or OC"f0BER :ZS THROUGH JI, 1999 AS COMMUNITY POLICING WEEK. Ayes : Council Members Nabbolz. Gam:u. Bradshaw. Habenicht, Waggoner, Grazulis, Burns Nays: None Motion carried . • •••• Mayor Burns Slarcd tbal we really emphasize crime prevention in Englewood. He opined that our Police Department does a wonderful job with that and also our Fire Department, with fire ~lion. Red Ribbon Week also refers to being dnJg fn:ie and proud in the community and, be noeed, the community policing is the paradigm we have been emphasizing for a number of years in the Englewood. Mayor Bums Slated he feds these programs have been remarbbly suc:cessfu1 in Englewood. Mayor Burns presented the proclamalions to Crime Prevention Officer Nancy Peterson, Police Suppon Services Division Chief Bob Moore and Fire Administration Division Chief Kieth Lockwood, with Council 's thanks and appreciation for all the great work they do in this community . Mr. Lockwood, on behalf of the Fire Division, olfered their appreciation to Council for their suppon and for getting lbcm the resources they need. Mr. Moore said be would like to second what Division Chief Lockwood just said and to thank them for their on-going ~ of, not only the Police Division, but for the enlire Department of Safety Services. Especially recently, he said, with Council 's suppon of their budget proposals. Ms . Peterson tbanbd Council for everything. Mayor Burns asked for a round of applause . (e) A letter from Jill A. C.arlston indicating her raipalioa from the Englewood Code EnfortC111Cnt Advisory Commillee and the Englewood Uibu R.enewal Authority was considered. ' I . 0 - • • • .-.,------------------------ l•lf1w_. Clly Cwil Odaller' " ..,,, ... 5 • • •• .. .. ' COUNCU. MIMHR 81lADSBAW MOVID, AND rr WAS SICONDID. TO ACCUT WITB ll&GUT TB USIGNATION 01' JD.LA. CAIU.STON l'llOII TB INGLEWOOD CODE l:.NJOIICl:.Ml:.NT ADVISORY COMMITDE AND TBI IJIIGLIWOOD UDAN UNEWAL AUTBOIUTY. Ayes : Council Members Nallllolz. Gama. Badllaw, HabCllicbt, Waggma-, Onzulil, Burm Nays: None MayCII' Bunll llid be W...S tD daak Ms. Carlstan. He expllliaed dill sbc -temllg OD three differenl boards 111d oommiaions 111d sbc found out sbe was rcllric:led by Chancr ID -OD one. He llllCed it is prr:Uy spcc:ial when you~ someoae wbo is williDg ID pc tbll much scrvic:e ID tbc c:ommllllity . (f) A letta' from Todd Boyer iDdiclliDg his resigmlioa from the Englewood Code Enforccmait Advilory Commiaee -coasiclered. COUNCU. Ml:.MSER NABBOLZ MOVED, AND II' WAS SECONDED, TO ACCEPT WITB UGUT TB lll:.SIGNATION or TODD 80Yl:.R ROM THE ENGLEWOOD CODE 1:.NJORCDUNT ADVISORY COMMITnL Council Member Nabbolz Slllied be -a ve,y actM pdcman and be will be missed. Ayes : Nays : Council Members Nabbolz, Garreu, Bradshaw, Habenicht. Wagoac:r, Gnzulis, Bums None Molioa canied. (&) A lcacr from Abdi A Dulane indicating his resipation from the: Englewood Clean. Gnlal ml Proud C.,miMioD was coasidaed. COUNCU. MEMHR NADOLZ MOVED. AND rr WAS SECONDED. TO ACCUT WITB REGRET TBl:. llESIGNATION OF ABDI A. DULANE ROM THE ENGLEWOOD CLEAN, GRUN AND PROUD COMMISSION. Ayes : Council Members Nabbolz, Garreu, Bradshaw, Habenicht. Waggoner, Grazulis, Bums Nays: Nooe Motion carried. 9 . No public bearing was scbcduled before Council. 10. C-'Aaau (a) AppnMI al Ordinances OD Finl Raiding There wae 1111 ilelDI IUbmilfed D approval OD fim reading. (b) AppnMI al Onlillllaca oa SCICIOlld Reading COUNCU. MEMDR WAGGONER MOVED. AND II' WAS SECONDED, TO APPROVE CONSENT AGENDA rrDI II (II) (I) ON SECOND READING • ) I· 0 • • .. • >-••• .. • -.. (i) ORDINANCE NO. St, SERIES OF 1999 (COUNCll. BilL NO. '7, IN'I1lODUCED BY COUNCll. MEMBER WAGGONER.) AN ORDINANCE AMENDING ORDINANCE NO . 21, SERIES OF 1999, MORE SPECIFICALLY DEFINING nlE VACATION OF RIGHT-OF-WAY ALONG nlE '°6-800 BLOCKS OF WEST FLOYD A VENUE BY nlE CITY OF ENGLEWOOD . MaliaD carried. (c) Raol'*-and Molioas COUNCll. MEMBER WAGGONER MOVED, AND rr WAS SECONDED, TO APPROVE CONSENT AGENDA rn:M II (c) (i). (i) A MOTION TO APPROVE lliE PUCHASE OF FIRE APPARATUS FROM AMERICAN LAFRANCE TRANSWEST IN lliE AMOUNT OF $290,966 .00. Ayes : Nays : 11 . lleplar Aa-1a Council Members Nabbolz. Garrm. Bradshaw, Habenicht. Waggoner, Grazulis, Bums None (1) Approval of OrdinaDces OD Firsl R.eading 1bcre were DO itcms submitted for approval Oil first reading. (b) Approval of Ordinances OD Second R.eading 1bcre were DO additional items submitted for approval Oil secoad lading. (Sec Agenda Item 10 -Consent Agenda.) ( c) Resolutions 111d Motions 1bcre were DO additional resolutions or motions submitted for approval . (Sec Agenda Item 10 -CoDSCDt Agenda.) 12 . Ge..-.10...... (1) Mayor's Clioicc (i) Mayor Bums noted they bad lllkcd IOlligbt al Study Session about their M!mclaDa' al the Rail-Vol.-ioa Coaf'cn:ncc in Dallu. It wu ~ educatiollal for those who went It is kind of nice to ICIC I tbousaDd people in I COi . ;Clllioa all supponiog I ll'alllit orieDtcd devdopmcat and rail . So, he said, he tbougbt it wu a special CYCDt for III and they did get to 1C1C 10111C dcvclopmcnts in Dallas tbal where --similar to what WC -plamliDg in the CityCcnter. ' . ) I . 0 - • • • .. • ..-. • • -.. ~HM Cky Ceucil Octeller " .,,, Pqe7 (ii) Mayor Burns tbaaked Couaal and Sid for all their work a1 the Budget Reuat on Salllrday . He sw.cd it was a~ good .ssioa and noccd dlll. • Fi-,e Din:aor Ciryglewicz said. our l'C\'ellues exceed our expenditures, wbidl is always ll)Od. So we baYe a "¥erY good budgel. (iii) Mayor Burns advised they would be tnYdiDg IO the IDramlional Shopping Center Coafermce in Palm Springs for a day or hWO each. He .-eel be plans to go Thursday. Bob Simpson will be there 'Jbunday nigllt and Gary Scan will be there Friday, IO assist the retail deYeloper, where wc can. to select 1a11DU for the CityCeaicr project. (iv) Mayor Burns said tbere is an FCC Nie-making letrer in Council 's picket He said be Slicks some approval on it and noccd that one of the biggest battles wc have with the FCC and local govemmcnt is to try to n:tain our local decision making and 7.0lling powers . He explained that this is an effort to c:oawnie dial work and be is sceting Council 's approval to sign that letter that was included in the packet. There was a c:ouensus among the Council members to give approval . (b) Council Member's Choice (i) Council Member Nabbolz staled she learned a lot at the Rail-Volution and she offered a special thanks to those who helped her out with some difficult times. (ii) Council Member Garrett I . He DOied Ibey bad a report on the motorcycle police, our Batman and Robin team, and be enjo yed getting that report. He opined that it is ~ i11US1131ive of what wc have been seeking about some of the traffic issues we have in the City . So be offered his apprcciatioa to Safety Seniccs for pl'O\iding Counc il with that report. 2. He said be wanled to commend Jerrell Black . He noced tbat we have two new pieces of equipment in the canlio room upain II the Recreation Ceuler, for those that want to go around in circles on a bicycle . and it is ~ nice IO have thal. 3 . He said be nouced that the Denver Post is now putting in the meeting times for a lot of the rommunities and their City Council meetings. It appears that ours is liSICd at 7:00 p.m. and, be said. granltld this was an 8:02 p.m. Slart this C"Vening. but generally it is 7:3 0 p.m. Mr. Garren suggeSICd we a>Dlact the Denver Post IO let them know the a>mct time . 4. He rommented, referring to Ms. Ratty , tbat if she was here: for the Study Session, that a lot of similar concepts are being designed along Inca and that is one of the things we are looking at So be suggested she talk to the dC'Velopen that are here this evening and discuss those ideas with them. Council Member Garffll said Ibey might be able IO facilitate working together . (iii) Council Member Bradshaw : I. She sw.cd there are some motions they need to make in light oftonigbt's Study Session . COUNCU.. MJ:Ma&ll aRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE THE SITE PLAN AS PRESENTED lONIGBT. Mayor Burns noccd we have worbd on this for some time and we have tenUlively approved this before . He opined we can see how it is working and be tbougbl it nmlli to be official . Council Member Habenicbl IIUfed she is feeling ~, very torn about thal. She said she would like to go along with it. that she knolW we have a,me a 1oag way to rome to this point We have ccnainly improved the site plan from whaa it was years ago, she said, when it was four big boxes and a field of parting lot .. 'l ) I • 0 • • • Ea&kwood City c-il October,, 1999 ••• .. ..-. • • -.. .. ' . However, she said, she thinks wc bad a much more exciting plan earlier and that was the plan that really c:apcured a lo( of people's imaginalion. She said she is a6aid dial maybe we are going a liale bit backwards with this . Ms. Habenicht said she would guess, in good oonscience , while her bean goes to wanting to suppon that we do this. and she know it will pass. but she feds tbal we are not really seeing what is going to bappc:n . She 5lalcd we do not know wbetber it is going to end up being four stories or two stories. we do not know wbetber it is going to end up being the raail we are llllwlg about or if everybody is going to C10111C back and say "ob. we couldn 't do it ooe more time" and we are going to get another last minute piece of what it can't be. Ms. Habenicht said she believes tbal all of the things that she bas been seeing and aacnding and people who have talked to her from outside of our a,mmunity. who are looking to Englewood for us to do something really spectaeular ... tbal she thinks wc can do better than this plan. She llaled she will reluctullly vote no, moslly, to bold accountable the developers who out there and who are promising the very top of what they can do, to show her in future days tbal she should have voted yes. I guess that is what I am wanting to do. she said, I want to make sure wc are DOl just gi\'ing a blanket approval to come back with anything. She said she wants to make sure that what we are talking about is we want the bc:st. She noted that one thing that came out of the Rail· Volution was a qUOlc thaI she heard two or three times ... that so many people look at the price of things and forget to look at the value . Ms. Habenicht opined that one of the things that wc really need to be looking for and what this community has been looking for , bas been a value thal will last for generations. She said she thinks we arc getting close to that. but she is just afraid that she bas come so far with saying wc arc going to app=·e this plan and then it comes back a lialc bit less than it was . She Slated she is really fearful of appr<l\ing this and having it come back just a linlc bit less . So for that reason. she said. her vote will be no . but her hean is for gening the very best we can and she wants to support. in the long run. what we are doing. Council Member Grazulis staled that the signing of this, because of the urgency. docs scare her. She was very pleased. however . to see some changes this evening. Since she bas only been on Council now for ten months. she said. it seems like she bas seen the same thing happen for ten months and she can not imagine what went on before she came on and the frustralion they must feel uying to get something put together. While searching on the WEB just recently. she said she decided to look up a lot of TOD ' s and the definition of a TOD. She 5lalCd thal she feds this panicular plan does DOI tocally follow what a TOD is supposed to actually be , but wc are al lea5l on the same viewpoint and on the same SlrCICl there . of going thal way . Ms . Grazul is commented thal she feels the vision bas full y eroded. but she would like to be positive with it and so she will be voting yes, but she wants some accountability to make sure that if there are things that ,.'C suggest. that it 1'ill still go as a TOD type project. as that is the viS1on. Council Member Bradshaw Slated she feels that last Monday they got a boost of energy that this project bas oecdcd for many . many months. thanks to David Tryba and bis leadership role . She said she just feels that she needs to trust the process, that the process bas led us this far . Ms . Bradshaw opined that this is going to be a project unique to Denver. She Slated thal it docs DOl have everything in it she wanted either, but she thinks it bas a lot of the components that ,.;u make Englewood proud . The message she gets from different constituents is ~do something out there ." Ms . Bradshaw said she docs not think they are rushing into anything, that this has been processed for twelve years and she thinks it is time to IIIO\'e. so she will be supponing it Mayor Bums 5l3lCd he thought they bad emphasized in their SIUdy Session tonight that they want quality throughout this dc,.-elopmcnt And. be said, Council Member Bradshaw is right. wc have to go ,.;th the process and 1DOVC ahead. The light rail is going to be open on time, in July of next year. and sooner or later we have to take the bit in our teeth and go for it and that is really what we are doing now . Mayor Bums opined thal we have a very exciting development At the Rail-Volution Conference, he said. it was ,·cry obvious that this is one of the most unique developments in this COWltry, DOI just in Denver or in the Rocky Mountain area He stated there are a lot of people around this COW1try that are c.,cited about this development and they would be very excited to see it when they come here next year. So, he said. he thinks with their cmplwis on quality he is willing to 1DOVC ahead with this and he thinks it is high time they do and that they need to go for it • ', I • 0 - • • • • ,,-. • • - ' Eli&kwoed City C-.il Octoller 4, lffl Pqd Council Member Gnzulis said she 111d jull ODe ocher CIDIIIIIICIII repnling all Ibis . She llalal thal we do line Ibis oppar1llllily to bave a lcadillg edF 111d we 1WlUII to !Ike it and paap it 111d she docs DOC want to -• lolc any vision for tbe TOD, wbauoever, 111d she will DOt tolcralc aaytbing being forced down their dlroals. Ms. Gnzulis said she jull walllmd to go OIi die record saying dial Mayor Burns said. to remiad ncryoae, tbal we do line a Phase U aC this ~opmcm too. and we can line -pRlly cxciliDI daillp dlcre, • well . Council Member Nabbolz said sbe allo walllmd to briq up lbal Bob Simpmn did die slide show of our site ad be -dymmic. 111c odla' two pul .... to sleep. She DIiied lbal aftawvds. people wanred to talk 111d it -aballulely abeliewblc. Ms. Nabbolz tbaabd DiftldOr Simpsoa for die presentation be put IOfelbc:r, became ii -easy IO Wida.and aad Ibey did DOt go to sleep. V•realll: Motion carried. Ayes : Council Members Nabbolz, Gam:n. Bradshaw . Waggoner. Grazulis, Burns Nays : Council Member Habenicht COUNCB. Ml:MSER allADSBA W MOVED, AND IT WAS SECONDED, TO AUTHORIZE EEF, t:NGLEWOOD t:NVDlONMENTAL FOUNDATION, TO CONCLUDE Nl.GOil-\TIONS WITH MILLER Wl.lNCAllflN roa A 7! YEAR GROUND LEASE AT A PRICE OF s.&..6 MU.LION WITII CLOSING NO LA Tt:R TRAN FEBRUARY IS, 2000. Council Member HabeDiclll said she wanted to clarify that this is the motion for the residential cleYdopmcnt Mayor Burm said no. dial this is die retail . Council Member Bradshaw noted that this is Miller Weinpncn. Mayor Burns explained dial this is another pan of the project that we have worked on long and hard for the last four and a balf years. He DOtal we line obviously changed our c:oncepl along the way and we have asked Miller to come with • on this. And although ii bas been a 5lrUgglc • times. be said. we think that tonight, with the review of the talaDl SlnlCllll'e and the new synergy in this developmenl that be thinks we line come to a point where we are ready to bite the bullet and go forward and uy to select the tenants . Mayor Burns 5lalcd il is vay impoflalll to go to this coafcm,ce in Palm Springs. Our time is running, he DOied, and with our new aancu-. greater square fowge and critical mass in this project, we an: aancting temnts thal we -DOC aaractiDg a few tDODths ago . So, be stated, be is very willing to go ahead with this particular mocioa as well . Council Member Habenicbt 5lalcd she will have to vote no, for the same reason she voted before. Her bean is there, she said. but at the same lime she bas been holding out for the very. very, very, very best and she docs DOC think we are quite there yet. She said she knows ii is better than it was . Ms. Habenicht asked that Ibey pnM: her wrong . Mocioa carried. Ayes : Council Members Nabholz, Garrett, Bradshaw, Waggoner, Grazulis, Burns Nays: Council Member Habenicht COUNCB. MEMBER allADSBA W MOVED, AND IT WAS SECONDED, TO AUTHORIZE EEF TO CONCLUDE NEGOTIATIONS FOR SAU WITB U:GACY AS RESIDENTIAL Dt:Vt:LOPER FOR 5'. 7! MILLION . ' ' ) I· 0 - • I • • • EllclewGOd City c-il Octoller 4. 1'99 PqelO •,, .. ,-. • • • Council Member HabenidJl advised she was going to vote yes on this one . She explained the reason she is voting yes on tbis one. is because one of the things tbaa came out oC the Rail-Volution was that pan of the TOD was, ill fact, having a SIJODg residential ~ Alld tbaa aroag raidcntial compoDCDt is an imponam pan to be there. to bring in the quality and the types of mail that we have talked about wanting to see . For that reason. she staled. she would be voting yes on this . Mayor Burm DOied tbaa one of the things they did • the Rail-Volurion Conference was to look a1 sa,eral ~ tbal were already there, with housing CMr mail. He said tbal the dcvclopers be talked with tuaigbl told him tbal tbal was the lint gmenlioa and they have aln::ady passed on to the second generation. of devclopmenl and design. and tbat it is much better quality and the designs arc more attractive than we even saw ill DaUas. whic:h be was impased with. So, be said, be thinks they really arc on the cutting edge of how you can do this kind of devdopmcnt, better than it has e\'CI' been done before . He advised be ceNinly would be voting yes on this for that reason too. Council Member Bradshaw said she Wllllled to thank Mike l.ocllncr and his company for hanging in there with us . Speaking from the audience. Mr. l.ocllncr thanked her and swccl they arc amrious to get SWted and DOied they apprecialc the confidence. VouraulU: Ayes : Council Members Nabholz, Gam:n. Bradshaw . Habenicht. Waggoner, Grazulis, Bums Nays : None Motion carried. 2. She advised tbat she received a letter from Kris Styes. a previous member oC our Planning and l.ooi.ng Commission . Ms. Stycs said tbaa her mom has a special birthday on NO\'CDlbcr 23 ..i and she would like to have somedung special from the Mayor or City Council . Ms . Bradshaw passed along the request to City Manager Scars and said she was hoping they could do something from Council and everyone could sign iL Council agreed . 3 . She thanked Slaff and Council for the plant she received for her new home . Ms . Bradshaw noted she received it Salurday and it is 5lil1 alive. 4. She staled she is so optimistic about this development tbat she really thinks they have turned the comer and she is anxious to work with the people . She commcnled tbat she thinks we will all be sipping iced tea there in July of 2000 as we open the CityCentcr. So, she said, she really feels good about it and she tbankcd Council for their help and support (iv) Council Member Grazulis: I. She said. regarding TOD, tbat al this point, she would like to go on record as saying that for Phase Il she would like to hold in consideration some space for a performing arts conference type center. She opined that it would complete a TOD type of vision or project and be very exciting. Ms. Grazulis staled she just wanted to go on record as saying that She said she would also like to put her two cents in as 10 why she was more positive tonight, than she has been in the plSI, was because of the recent meeting 111,itb David Tryba and some of his visions were so exciting tbat they have swayed her. She Slated she wanted to say that it was because of David Tryba that she did vote yes on some of those items tonight. 2. She swed she would also like to go on the record and say something about the prairie dog letter that was in the packet. She noted no one was going to say anything and they need to be talked about Ms. Grazulis said she agrees with Kalhy Minerva's kUcr they received September 21•, requesting that we DOl poison or bulldo:zc prairie dogs within the Englewood City limits. She staled she wholchcanedly agrees with that, that ~ is no reason for us to be inhumane, that if they need to be moved. they can be relocated . Ms. Grazulis said she thinks that sets up a positive thing for everybody that is supposed to be kind and I • 0 - • • Eapewood City Coucil Octeber 4. 1999 Pqell -.. ~ .,-. • • - .. .. ,eatle in Ibis~ She said she rca1ius we don 't have any open space ta 1D11VC tbem ta, like Ms . Minerva requared. but if-have a problem -can relocate them somewhere within our c:ounty . Director SimplDII explained tbal. actually, that plllicular issue is not located within Englewood corporate City limits, tbal is an Englewood mailing address . So, be said, we will not be able ta deal with that. Council Member Grazulis said that is right. but -might have some around, in some certain areas within our City limiu. She said she bu seen some. 3 . She said she wamed ta menlion that the Friends of the Library Fall 1999 Bake Sale will be held Friday, C>aober ls-', from 9:00 am. ta 3:00 p.m. at the Englewood Public Library . It is a semi-annual bake sale !hat will help purchase some oftbc things that are needed for the Library . (v) Council Member Waggoner noted there was a letter in Council's packet about tbc lmldling funds for EPA grant applications and it indic:aled that we would be asked to ratify the decision at the Council meeting tnnight He said be did not see it on the Agenda anywhere . City Manager Sears said it was actually Wider bis report. but it would be great if COUDCil could proceed to do that if possible . Din:ctor Simpson explained that they are looking ta have a motion that would aulhorize the City to enter intn a matcbiog grant. ifwe should receive the grant funds. up to $50,000. Council Member Bradshaw asked if tbal money is budgeted. Director Simpson advised that we have it io the budget. that it would have to be traosfcmld . City Manager Sears explained that it is really not io the line item. Mr. Simp&oo agreed that it is not in a line ilCIII right now . that they do have some money they would be applying, but they do not have the additional money . They don 't know wbcthcr they will get the grant. be said. but if they do , Ibey just want lD be able lD go forward . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AU1BORI.ZE THE CITY TO ENTER INTO A MA TCBJNG EPA GRANT, D' WE SHOULD RECEIVE 1BE GRANT FUNDS, UP TO 550,000. Ayes : Nays : Motion carried. Couocil Mcmben Nabholz. Gamn. Bradshaw, Habenicht. Waggoner, Grazulis, Bums Nooe Din:ctor Simpson thanked Council and told them be would let them know if we get it (,i) Council Member Habenicht : I . She noted that since she is usually son of 1a1A: with her reports, she tried to give as much of it onlly tnnight as possible oo the Rail-Volution. Ms . Habenicht Slated it was really an C."l:citing opportunity and they saw a lot of things . 'The very last session she ancoded, she said. was on TOD . She DOied she maoaged to scarf enough copies for Couocil of the ~ Accomplishments and Lessons Learned" from the Portland mctropOlitao area. She said it was a wonderful exciting conference. 2. She said she would like to make a personal commcot tn Skip Miller and John Loss of Miller Wci.nprtcn. She asked tbal they please rccogniz.c that her vote was not personal, when she voted against tbal. She bas just. all aloog, wanted to see a different kind of retail development there and she thinks she bu been consislcnl She said she just W3lllt:d ta make sure they all know that it cenain.Jy iso 't personal, but she bas rally been looking for something dynamic, exciting. new and innovative and she knows we are paiDg clolc ta tbal, but it is DIil quite as much as what she thinks so many of us io the community hoped to ,ec. But maybe it will get tbcre, she said, and like she said ... prove me wrong. • . • I • 0 . ] • • • l:.skw ... City c-u Octeller , •• ,,, l'qel2 l· • ... ~ -• • - • .. .. ' Couuci1 Member Habeaicbl said she walllCd to !bank everybody. that she ~ she bas been a pun in the m:t ,omrri-ca dlil ~. But it bas bun me IDDR than it bas hurt you, she said, with the slccplcss aipasllebasbld. Ms. Habeaiclll wilbed ... luck in Palm Springs. Ms. Habeaiclll llMed Ille likes all dlelc people coming (onward and saying they want a performing ans cema in P111K D. SIie opined tbal ii exciting and it would catainly bclp. 13 . City Maaaaer"• .,.., (a) City Manager Seas advised lbal they did have a very positive meeting with RTD and Oma Crawford repnliDg the propoml ~ facility and residential demopmenl He said they will be bcre DCXl Monday nigbl to do a filll paadalioa to City Council . Mr. Sears said it should be a very IIJOd wort tellioa, lbal they arc working bard and they arc also pulling togctbcr the agreement that w.is discuad and Council sbould get a cbance to take a look al it nc.~ Monday nigbL (b) City Manager Sears said be walllCd to thank Council for allowing him. and also Mike Flahaty, to atlcDd the City Manager Conference in Ponland. They did take a look a1 the light rail system there, they bad some grcaa informalioa about tbal and. be said. be docs have pictures . He said be will get tbolc pictures to Council next week and they arc pretty phenomenal. However. be said. be really docs think that wbal we arc doing bcrc is beaer than wbal be saw happening out tbcrc. C\'CD though it w.is spectacular. Mr. Sears advised they did al least learn what is going on and be thinks we arc definitely on track. (c) City Manager Sears advised lbal they will, Slaff' wise, be meeting with the Council candidates, Wednesday afternoon. just to talk about the proceclwes and a lialc bit about the sutr and to -quatioal. (d) City Manager Sears 5Uled they arc proposing to pu1 togctbcr some dalCS for a farewell get-togctbcr for a couple of bis bollcs. Council's peers, by the end of this IIIOlllh or the finl pan of DClCl month. They hope to have it al the Golf Course. perllapl an open house . Mr. Scars advised they would let Council know when it is SCL Council agreed dial would be Dia: 14 . City Attoney'1 Rq,ort Assistant City Aaomcy Reid did not have any mancrs to bring before Council. IS . Adjoll...-t COUNCll. MEMBER BRADSBA W MOVED TO ADJOURN . The meeting adjourned at 8:45 p.m . ~tf(/4 City Clcrt " \ . ~ .... I· 0 - • • .. .. ---• • • ' PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON ICIEDULED VISITORS DATE: October 11, 1111 .. ... ' NON SCHEDULED VISITORS IIAY SPEAK FOR A MAXIMUM OF FNE WITES. EACH PERSON WISHING TO SPEAK SHOULD SIGN THIS PUBLIC COMMENT ROSTER. STATING NAME, ADDRESS, AND TOPIC OF COMMENT. ThoN perecN• who wl9h to epellk In favor of, or In opposition to, a public hwtng topic, ehould .... the applicable public hwtng roster. PLEASE PRINT NAME ADDRESS TOPIC ' . ·, "' ' ' ., . . • ) I· 0 • • .. - PRO CL\:\1ATI O:-.i WHEREAS . the h os pice philoso phy affirms t he inhere nt d1gn1t y and wo r t h of e ve ry indl\·1 dual nd reveres hum a n life in all its stages: and WH EREAS . h os p ice offers a special way of ca r ing fo r terminally ill pe r so n s. e nabling p atients to live co mfortably and peacefully in their final days: and WHER EAS . ho pice care r e lies on t he co mbined knowl edge . skills . and co mpassion of a full team of profe sionals and vol unte er · including phys1c1an s . nurses. n ur-e aides counse lo r . the rap1 t s. and cle r gy· to help patients and t h e 1r fam1l!e-: a n d WHER EAS . hos pice care offe rs a uruquely effective a nd eco n omi cal alte rnat1,· fo r ma ny t e rminally ill pe ople and -u pp or sa n d s trengthe n s h e en ir e co m:nunny a, a ,our ce of h o pe and e ncou r agement ; a n d WHERE . .\S . the r e re m ain a gr e:i n eed o m cre:is e he co mm unny·, 3\\'arene,; · of ht! benefits of h os pice c::ir e and th v1t::il sernces it offe rs our co mn:uruue,. :-.i O\\" THEREFORE . 1, Thom ::is J . B rns. :\l ayo r of the Cny of En~!t!,,oo rl . Colo r :.ido. hereby proclaim the m onth of '.\'o\'ember. 1999 as . :-.ATIO'.\'AL HO S PI CE )10:-.TH in the City of Englewood . Colorado. I urge :.ill En1?le woo res1d n s to Jo in h ot hers a e, and mun1 c1pal1ties throughout t hi s nano n in r ecognizing :-.:o,· m· er oi each y ar as :-.:a 1o na l H ospice :\l onth . Gl\'E:\ under my h and and seal t hi s l th day o f Octobe. 1999 T ho mas J . Burns . :\l ayor Sa ... :.._- i=~r:e.; .:-, c;e c ,c!ec ::i3.o er ~~- • I • •• • • • _. • ~ •.. ' .. • .. • ' CITY OF ENGLEWOOD OCTOBER 11, 1111 AGENDA ITEM NO. 9 a . PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL < , ~ "' fz~ ' '£, , , , ,-?C ' 'd.,' " w,;<f }}~4;~,.. ' ' ,,.~ ' , ~ , ' Y. »"'" . .. .,./ {:,"' PLEASE PRINT NAME ADDRESS e~L Scw:c-157 3>s"tt I 5 ·[0 2~ g, f' XJ-1.411rz_ fill (u.lh.S :?S-31 ~. ~<Jr~q ~f, ' . ., ,. ~ ' .. 'I • I . C, • • • PROOF OF PUBLICATION THE ENGLEWOOD HERAlD STATE OF COLORADO COUNTY OF ARAPAHOE ss '· Thoma E. ....... do IOlemnly -lhal I am the.......__ of lhe Eqlewood Benld and that the -la • WNldy rwwapa- per Pldlhad in the c:ily of Lilll9lon in lhe Counly of Anlpalloe, ... of Colorado, and ha • ganaral c:irculation lhar9in; that Aid ,......,... ha ~ Pldlhad conlinuoully and uninlenupt• edly in Aid County of a.r.,.._ for • period of mo19 than 52 WNka prior to the fnt plbllcalion of lhe -·ed nolice; lhal aaid _..,..... la entered in It• Poat Office of Ulllalln, Colorado, u Second Claa Mal matllr and Iha! lhe Aid 1-.paper la • -.paper wilt*1 lhe l1IN'*1g of lhe act of lhe G-ral ~ly of the State of Colorado, approved March 30, 1923, and entitled "Lapl NollcN and AdnrtlNmenla" and Cllher acts nilal· Ing to lhe printing and pwllahlng of legal nollcaa and -publiahad in the nigular and antn --of Mid rwwapaper, onca each weak, on lie -day of each week, for. period of L~ ~ andthal lhe firat ~ of Mid nolice WU in lhe of dalad Subecribed and ,worn 1o 11e1:8.,.,H. ma, a Notary Public, ~day j• ... ... .. • ,,- • • -' ano,--~-PUaUC- ...... ...., .... -.. Cllf Clllalll ., .. Cllf ., ........ ~--·-............... ca,- ...... • OCTClalll 11, ,-, .• 7lll -.... Cllr -a.a..-.---..... ·--Cllllll&Nll:e -1ITLI ,.. 8Y -CIW'l9l .. --CIW'l9l 4, 8Y '1111 MIIIIDIOPA-ISIDID,, amn.m ..... &MIG MCIUMI." --CIW'la I, ISIDI I, anmm ..,..,.~,_ IT........._. o, '1111 -P!OOD mAL cam ,.., ~--., __ ..,.. __ ......... _ ... _ ................... - .., .. ai, Cloltl .., l:OI -.. OCTaall 11, 1-"'-_.,. ......... - ....... --.. Cllr Cloltl'• aa., __ _,... ID - lllllllarp ....... .. ....... ....-... -. .,_ .... ......-ai, -. ~A.-. «*CIAM Cllf Cloltl Cllr-~ ___ .... .,.._.. COll111 -------·- 01TH A. BLOEMEN NOTARY PUBLIC STATE OF COLORADO My Commi!:sion &pi-07125 /2002 ' . .. ' . ... I • 0 - • ORDINANCE NO ._ SERIES OF 1999 .. • .. • •• BY AUTHORITY A BILL FOR ., COUNCIL BILL NO . 56 I!ll"TRODUCED BY COCNCIL ME~IBER~~~~~~- AN ORDINANCE AMENDING TITLE 16 , BY AME::,.[I)JNG CHAPTER 8 , A.t\!D AMENDING CHAPTER 4, BY THE ADDITION OF A NEW SECTION 23. ENTITLED "GROL'P LIVING FACILITIES," A.\!D A.~E::,.[I)JNG CHAPTER 5 , SECTION 5, ENTITLED "PRIVATE OFF-STREET PARKING STA.,'DARDS .'' OF THE ENGLEWOOD MUNICIPAL CODE 1985 . WHEREAS , group homes have become an issue with City Council and the residents of Englewood over the past few years ; and WHEREAS , the issues with group homes concern the legality of group home use in residential zone distncts ; and WHEREAS , the State of Colorado has two departments which regulate group living facilities : the Department of Human Services and the Department of Publi c Hea lth and Environment; and 'WHEREAS , the Federal Government addresses the iss ue of group living through the Fair Housing Amendment Act of 1988 ; and WHEREAS , the Englewood Planrung and Zoning Commission held Public Hearing's on May 18 , 1999, June 22 , 1999 and August 3, 1999 and after review made the rr recommendation for passage of the proposed ordinance : NOW , THEREFORE, BE IT ORDAINED BY THE CITI" COUNCIL OF THE ClTI" OF ENGLEWOOD , COLORADO . AS FOLLOWS : Sectjon ). The Englewood City Council hereby amends Title 16 , Chapter 8. Section 1, of the Englewood Municipal Code , 1985 , with the addition of the following definitions , in alphabetical. order to the definitions as follows : 16-8-1: DEFINITIONS: 80AREHNC A)J'-E) aom.m:c ~: DETENTION FACILITY : A etttl5mg eel'lt1tit1il'lg II si:ngle 8 .. elfuic ttl'lit 111'18 t II e (2) er mere gttest reems "l!:ere leagi,ug ill preU'i8e8 . ,itl!: er .. itl!:ettt me11ls , fer eempeM11tiel'I. "Cempe!'ls11tiel'I" m11, il'leltt5e mel'le,. sel""tees , er ether tl!:1ftgs ef. 11ltte , il'lelttsil'lg l,e5 111'18 l,1e111tfftst eperfttiel'ls . DETENTION F AGILITY INCLUDES (1 ) FACILITIES FOR JUDICIALLY REQUIRED DETENTION OR INCARCERATION OF PEOPLE . WHERE INMATES AND -1- • .. . ., ,. • . 9a I • 0 • • DOR.i'\.UTORY: SXTli>J:BSB C.>.~S F.'.ClblTY: F.\MU.¥: GROUP HOME: .. 1' .,,-- • .. • -' ... ~ DETAI~EES ARE U'.'>.1lER 24 HOUR SUPERVISION BY SWOR::-.1 OFFICERS. EXCEPT WHE'.'1 ON A'.'! APPROVED LEA VE . OR (2) GROCP HOMES, H..\LF-WAY HOUSES, OR ALTERNATIVES TO INCARCERATION FOR INDIVIDUALS PREv10USL Y CON'v1CTED OF SEXUAL ASSAULTS. SEXUAL ABUSE . OR OTHER SEX-RE LA. TED CR!l\,UNAL OFFENSES OR (3) GROUP HOMES , H..\LFWAY HOUSES . OR ALTER'.'IATIVES TO I::-JCARCERATION CONTAIJ:,.,1NG AJl,'Y INDiv1DUAL WHO WILL BE SUBJECT TO THE ISSUANCE OF AN ARREST OR ESCAPE WARRANT IF THEY LEAVE THE FACILITY. PROVIDED TH..\T THE CSE OTHERWISE COMPLIES WITH THIS DEFINITION . A DETE::-JTION FACILITY MAY INCLCDE . BY WAY OF ILLCSTRATIOK, A PRISO'.\'. J_.\JL. PROBATION CENTER. JCVE'.\'ILE DETE~TION HOME , OR HALFWAY HOCSE . DETE'.'ITION FA CILITIES DO :-JOT QCALIFY AS EITHER S'.\IL'\LL GROCP LMNG FACILITIES. S~1ALL TREAT:\>IE~T FACILITIES , OR L.\RGE/SPEClAL TREAT~ENT F_.\CILITIES . A FACILITY CSED AS A LIVING Qt.:ARTERS FOR '.\IIORE TH..\N 4 STUDE~TS E~'ROLLED IN CLASSES OR ACT!\ 1TIES _.\ T _.\ COLLEGE , UNIVERSin-OR BOARDl~G SCHOOL. INCLUDING WITHOl.JT LIMITATION A FRATER~ITY OR SORORITY HOUSE OW::-JED OR OPERATED BY AN ENTITY OTHER TH..\:-: THE COLLEGE, UNIVERSITY , OR 80 . .\RDING SCHOOL. A Ieng term faei:-ltt) 61 a aistinet part 6f ft faeilit) lteensea 61 8ppre,ea 83 8 nttf'Stng neme , it,&! mar) ttnit eh heme fer the 3gea. 6r a ge, et'nmental meaieal instittttten . An inai. iattal , er tu, e (2) e1 m6re peis6ns relatea 8) 8leea, maf'l"iag _. er aaeptten liotng tegetner as a single ft6ttselteeping ttnit, er a gt"ettp ef net m6re tnsn fatter ( I) penens. "ne nee a net 8e relstea 8 _. 8ieea. mtn risge , er aaeptien, Ii ling tegetne1 as a s ingle housekeeping unit . .>. faeilit) .. herein tne epe1at6r is net legalh relatea te the inai,ilittab Sttpel". t3e& tlfta ia lteeneeli 8) tne State sna "nerein net mere tn11n eight (B) inai,ilitt11l3 are pr6.iaea .. itn -2- . ., ,: • I • ) I • 0 32X 1"· -!• ·~· -. .. -. GROUP LMNG FACILITY: HOUSEHOU>: HOUSEHOLD: HOUSEHOLD LIVING : • • l?tSTITUTimh.\!. USE : • .. ~ .,.-- • ' .. .. • -.. reem, hears, speei11li!!es 11ns sistineti. e eare ltftS !1tpe1 l'isien in II famil) enl'irenmenl!. RESIDENTL-\L OCCUPA.i'ICY OF ALL OR PART OF A STRCCTURE BY A GROUP OF PEOPLE THAT DOES NOT MEET THE DEFI:--1TION OF HOUSEHOLD LI\.1NG , HOTEL. MOTEL, DETENTION FACILITY, OR DORMITORY. IN GROCP LivlNG FACILITIES . TENANCY IS ARRANGED ON A MONTHLY OR LO. GER BASIS . THERE IS GE~R.\LLY A COM'.\10N EATING AREA, AND THE SIZE OF THE GROUP MAY BE L\RGER TH..\..\l A FA,\1ILY. GROCP LI\1:,.iG FACILITIES l:\'CLUDE S~LL GROCP LivlNG FACILITIES , SMALL TREA T'.\1E::-.'T FACILITIES . AND L\RGEISPEC IAL GROCP LI\.1:,.iG FACILITIES . • 1, famt!y I,""!: Mged,er in a single ei .. ellini: 1t1nt ... 1th eemmen 11eee33 te. ans ei,m1!Ulfl ttse ef. I,, mg 11ns eating areas. A HOCSEHOLD INCLCDES (1 ) ONE OR MORE PERSONS REL..\TED BY BLOOD , MARRIAGE . ADOPTION, OR LEGAL GUARDL.\.:S:SHIP. I:S-CL UDING FOSTER CHILDREN, TOGETHER IN . .\ DWELLING UNIT ; OR (2) A GROCP OF NOT '.\-!ORE TH..\N EIGHT PERSONS NOT REL\TED BY BLOOD , MARRIAGE , ADOPTION , OR LEG.\L GL.\RDL.\NSHIP Livl:\'G TOGETHER IN A DWELLING CNIT. PROvlDED THAT SUCH GROL'P DOES NOT '.\1EET THE DEFINITIO N OF DOR'.\1ITORY; OR (3) TWO UNRELATED PERSOKS AND THEIR CHILD RE:\' Llv1NG TOGETHER IN A DWELLI!>:G CNIT. RESIDENTIAL OCCUPANCY OF ALL OR PART OF A STRUCTURE BY AN INDIVIDL'AL OR A GROUP OF PEOPLE WHO '.\1EET THE DEFINITIOK OF A HOUSEHOLD , AND WHERE TENANCY IS ARRANGED ON A '.\10NTH-T0-'.\10NTH OR LONGER BASIS . A nenp1 efit er ftttaei ptthlie ttse e1 inshl!tttien 11tteh as a ehmeh, ltl,1 ar,, ptthlie . 6P p1 i, ate 11eheel. heepital er Mttnieipall, e .. nes er epe1ates httilding, etrttetttre er !ans ttees fer pttl,lte pttr,iese. -3- ,. ', . ' ) ' . ., I . 0 - • • •· L' . . LARGE/SPECIAL GROUP LMNG FACILITY: . . ~ -• .. • -.. ANY RESIDENCE FOR '.\1:0RE THAN 8 UNRELATED INDI\r1DUALS , AND ANY RESIDENCE FOR UP TO 8 UNRELATED INDMDUALS THAT DOES NOT MEET THE DEFINITION OF "SMALL TREATMENT FACILITY' OR ··S:MALL GROUP LIVING FACILITY." IF A:'\TY INDMDUAL RESIDE::-."T OF A GROUP LIVING FACILITY DOES NOT MEET THE DEFINITION OF "SMALL TREATMENT FACILITY RESIDENi' OR ·'SMALL GROUP LIVING FACILITY RESIDENi', THE ENTIRE FACILITY SHALL BE CLASSIFIED AS A LARGE/SPECIAL GROUP LIVING FACILITY (RATHER THAN" A SMALL GROUP LIVING FACILITY OR Si\1ALL TREATMENT FACILITY). EXA,\.IPLES OF LARGE/SPECIAL GROt.:P Liv1:-JG FACILITIES IKCLUDE A~,;y OF THE FOLLOWING BLT '.'iOT LI~1ITED TO THAT MEET THIS DEFI~ITIO:-J : l. A SECt.:RE RESIDENTIAL TREAnlE;-,/T CE:-JTER. AS DEFI~ED I~ C .R .S . § 26-6-102 (9): OR 2. A SHELTER FOR HOMELESS PERSO:-.:S : OR 3 . A DOR:\IITORY : OR 4 . A ROO:\'II:-JG OR BOARDING HOUS E :OR 5. A FRATER~ITY OR SORORITY HOUSE . MEDICAL OR PSYCHOLOGICAL INCLUDES ANY INDIVIDUALIZED TREATMEJ:>,"T : SERVICES RENDERED BY A MEDICAL OR PSYCHOLOGICAL PROFESSIONAL OR PARA-PROFESSIONAL DIRECTLY TO A RESIDENT OR GROUP OF RESIDENTS ON A REGULAR OR REPEATED BASIS TO ADDRESS A SPECIFIC '.\1:EDICAL OR PSYCHOLOGICAL CONDITION DIAGNOSED BY A MEDICAL OR PSYCHOLOGICAL PROFESSIONAL, BUT EXCLUDING (1 ) PHYSICAL THERAPY, (2) OCCASIONAL MEDICAL OR NURSING CARE TO ADDRESS NON-CHRONIC AND NON-RECURRING CONDITIONS SUCH AS COLDS, FLU, OR HOUSEHOLD .4. · . . ' I . 0 - • • .. ,. -·~ UUReING HOME: SHELTER FOR HOMELESS PERSONS: SMALL GROUP LMNG FACILITY : • .. • • INJURIES. AND (3) ASSISTAN'CE WITH ROUTI'.\t LIVIN'G ACTIVITIES NOT AIMED AT RECOVERY FROM A SPECIFIC DL.\G~OSED CONDITION . 1'1cn tnstit11tien i'.er the eentin ttetts 8:a:, anti Mg:ht eare ef the aged. er inftt'm , e1 t1 place ef 1eat Mr these st:tffeHng: 1,etlH) eiiJe1ticrs , httt net tnelt:ttiing: faeittties tier sm gicl!lt ea1 e er instittttiens far the cat e and t1 eatme Ptt ef me11M.l i:HP1ese , aleeheksm , er nazcetics addietieft. A FACILITY THAT PROVIDES TEMPORARY LODGI::-.lG 1::-.l SHARED SLEEPING ROOMS. WITH OR WITHOCT MEALS A.'m .lu"-ICILLA.RY SER\lCES ON THE PRDIISES. TO PRl1\1ARIL 'i HOMELESS PERSONS . FOR '.\!ORE TH..\..'\ FO UR WEEKS I~ . .\~·y CALE:S:DAR YEAR . A HOl\lELESS SHELTER DOES :siOT PROVIDE SliCH LODGl~G TO (1 ) A'.\''i INDIVIDL'.-\L WHO H..\S BEE'.'l DIRECTED BY ANY SOCIAL SER vl CE AGE~CY TO LIVE IN A PliBLI C OR PRI VATE INSTITt.:TION , OR (2) TO A:--·y PERSON BEING DETAINED BY ANY L.\W ENFORCE'.\IENT AGE::,.i CY PCRSL'A::,.iT TO STATE OR FEDERAL L.\W . A RESIDE~CE FOR UP TO EI GHT (8) UNRELATED INDIVIDliALS . ~ON'E OF WHICH ARE RECEIVING ON-SITE MEDICAL OR PSYCHOLOGI CAL TREAT'.\IE~T . BUT SOME OR ALL OF WHOM '.\L.\Y BE RECEIVING O~-SITE PHYSICAL ASSISTANCE WITH DAY-TO- DAY LI\11::,.iG ACTIVITIES . EX..\.vlPLES OF SMALL GRO UP LIVI NG FACILITIES INCLUDE A."-IY OF THE FOLL OWING THAT '.IJIEET THIS DEFINITIO~: l. A NON-PROFIT GROL'P HOME FOR THE AGED OR AN OWNER- OCCUPIED GROliP HOME FOR THE AGED . AS DEFl'.\'E:D IN C.R.S . § 31-23-303(2)(8): OR 2 . A STATE-LICENSED PERSONAL CARE BOARDING HO'.IJlE . AS DEFINED IN C.R.S . § 25-27-101 : OR 3. A STATE-LICENSED COMMUNITY -5- • ' \ ., . .. . ' I· 0 ------------------~----------,--.. • .. " --• • •• .. RESIDENTIAL HOME FOR PERSONS WITH DEVELOPMENTAL DISABILITIES, AS DEFINED IN C.R.S. § 27-10 .5-101 ; OR 4 . A HOME PROVIDING INDEPENDENT RESIDENTIAL SUPPORT SERVICES FOR THE DEVELOP:'vlENTALLY DISABLED . AS DEFINED IN C.R.S. § 27-10.5- 102(19); OR 5. A STATE-LICENSED RESIDE:-..'TUL CHILD CARE FACILITY. AS DEFI::,./ED I~ C .R .S . § 26-6-102 (8); OR 6 . A FA.\IIL Y CARE HOME . AS DEFINED I'.\' C.R .S . § 26-6-102 (4); 7 . A ROOMING OR BOARDING HOUSE . SMALL TREATMENT FACILITY: A RESIDENCE FOR UP TO 8 UNRELATED ll'.1)IVIDUALS , SOME OR ALL OF WHOM ARE RECEMNG ON-SITE MEDICAL OR PSYCHOLOGICAL TREATME:-.iT . IF Al',"\' 11',1)1\tlDUAL RESIDENT OF A GROCP Ll\tlNG FACILITY WITH UP TO 8 UNRELATED INDIVIDUALS RECEIVES ON-SITE MEDICAL OR PSYCHOLOGICAL TREATMENT , THE ENTIRE FACILITY SHALL BE CLASSIFIED AS A SMALL TREATMENT FACILITY (RATHER THAN A S:'vlALL GROUP LIVING FACILITY). EX.-u\1PLES OF Sl\'IALL TREATMENT FACILITIES SHALL INCLUDE ANY OF THE FOLLOWING THAT MEET THIS DEFINITION; 1. A NURSING HOME ; OR 2 . A NURSING FACILITY, AS DEFINED IN C.R.S. § 26-4-103 (11); OR 3 . INSTITUTIONS PROVIDING LIFE CARE , AS DEFINED IN C .R.S . § 12-13-101 (5 ); OR 4 . A PHYSICALJMENTAL REHABILITATION HOME ; OR -6- '· . ·,.. ., . . ,: . ' .. .,, -.. 0 I . 0 32X • • ' -. : .. .. ~ ~.,,,--~- • • • ' 5. A STATE-LICE:,.iSED GROCP HOME FOR THE ., DE VELOPMDIT ALLY DISABLED . AS DEFINED I:-: C.R.S. § 3 1-23- 303(2)(a) ~) THAT IS :,./OT CATEGORIZED AS .\ STATE LICENSED CO :\.f.\lUNITY RESIDENTL.\L HO lV[E AS DEFINED I>J C.R.S . § 27-10.5-102 (-1 ): OR 6 . A STATE-LICE::-.;SED GROCP HOME FOR PERSONS WITH :\IE~"f . .\L ILLNESS , AS DEFIN ED I>i C.R.S. § 25-27 -102 ( ); OR ~ Section 2. The City Council of the City of Engle wood . Co lor ado hereby am e nd T1tl 16 , Chapter -1 . by the addition of a new Sect10n 23 . of the Engle woo d :\l umc1pal Code 1985. entitled Group Livmg F acilities . as foll ows : 16-4-23-1: GROUP LIVING FACILITIES : A. ALLOWED A~ COND[T!Oi\'AL CSES (BY z o:-:E DI STRICT). THE CSES LISTED BELOW SHALL BE PER:\l!TTED IN THE ZONE DISTRI TS I'.'JDI CATED IN THE FOLLOWING TABLE . Zone R R R R R RS R R B B I I 1 I 1 2 2 2 p 3 4 I 2 I 2 A B C C (' <;; Small Group Living Facility A A A A A A A A A A Small Treatment Center C C A A Large/Special Group Living C C A A Facility AN "A" INDI CATES THAT THE t..:SE WILL BE ALLOWED AS .\ t\BTTER OF RIGHT , SCBJECT TO COMPLIANCE WITH THE CS E REGCLA.TJO:'iS LI STED BEL OW AND ALL OTHER REQ CIREME~,S OF THI S CO DE . AN "C " INDI CATES THAT THE USE l.\1AY BE PER.:\.llTTED AS.\ CON DITIONAL t..:SE P u RSCA,'\/T TO THE PROCED URE S SET FORTH u>J DER E .'.'vl.C. 16-5-2 . '.'JO SUCH C01'1DITJONAL USE PERMIT SHALL BE GRA>JTED. HOWEVER , U>iTIL THE CITY PL.\..'\/NING AND ZONJ::-.;G COi'vl.:\.IISSIO N HAS DETERMI'.'JED THAT THE PROPOSED USE: 1. CO :\IPLIES WITH ALL APPLI CABLE CSE REG CLA TIO!'\S FOR GROC P LJVI>JG FA CILITIES AND WITH ALL OTHER APPLICABLE REQ CIREMENTS OF THIS CO DE ; :L'\/D 2. IS ::--OT SIGNIFICANTLY DIFFERENT FRO.:\! ADJ ACE :-.JT L'SES IN TER:\lS OF APPEARANCE , SITE DESIG N, HO CRS OF OPERATION , TRAFFI C GENERATION , NOISE , ODOR , DCST , AND OTHER -7- • 0 I· 0 - • • -. .. • .. • - ... EXTER:,.JAL IMPACTS OR . IF THE USE IS DIFFERDiT. A ... '-.-Y ADVERSE I:'v!PACTS RES UL TING FROM THE SE WILL BE MITIGATED TO THE :VL\ .. -Xl:\ll.:-l EXTENT PRACTICAL: AND 3 . JNCLL1)ES PRO\t1SIONS FOR ACTOMOBILE .\CCESS TH .. \T WILL PREVENT TRAFFIC HAZ...\RDS A:\1D AVOID TR...\FFIC COl\GESTIO:,.J ON ADJACE:-:T P UBLI C STREETS .-u'\!D ALLEYS . 16-4-23-2: USE REGULATIONS : ALL GROCP L!Vll\G FACILITIES SH .. .\LL BE SUBJECT TO THE FOLLOWING STA::-JD . .\RDS , REGARDLESS OF 'vVHETHER THEY ARE PER:VlITTED AS A .. '1 .\LLO\VED OR CONDITIONAL CSE : A. NO GROUP LIVING FACILITY SHALL BE LOCATED CLOSER TH.A:-:: (1) 750 FEET FRO:\l A:\ .. Y STATE LICENSED CHILD CARE F . .\CILIT'i FOR CHILDRE:-: OR A'::-1-Y ELD1ENT . .\RY , :\IIDDLE. OR HI GH SCHOOL: OR (2) 1.250 FEET FRO~! . .\:-.:OTHER GROCP LI\1:-:G F.-\CILIT'i. B. STRCCTURES co:-:T . .\1:-.:I:-.:G GROCP LIVl::S:G CSES SHALL BE :-;o T . .\LLER TH.A:-.: THE A.VER...\GE HEIGHT OF THE THREE PRl:\L.\RY STRCCTCRES ON THE SA .. \IE BLOCK LOCATED CLOSEST TO THE GROUP LIV1NG STRCCTL'RE . C. TWE:-JTY-FOCR-HOUR SCPER\t1SION SH . .\LL BE PROv1DED B'i QU . .\LIFIED STAFF. D. ALL F .. \CILITIES SlL.\LL BE LOC .. \TED SO AS TO PRO\lDE CONVE'.'11ENT ACCESS TO GROCERY AND OTHER RETAIL STORES AND OTHER COM)'IERCL.\L SER\1CES. PCBLIC TR..-\NSPORTATION ACCESS POINTS A:,.JI) PCBLIC RECREATION F . .\CILITIES. E . .-u'sl\" GROCP Ll\11:,.JG FACILITY \\"HOSE RESIDENTS INCLUDE . .\...'-.. \" JNDl\t1Dl'AL WHO lL.\S BEEN CO~v1CTED BY . .\...'s'Y COURT OF :\!ORE TlL\N ONE ;'vlISDDIEANOR OR FELONY INVOLV1NG PROPERTY DA..\tL-\GE OR PERSONAL 1:-:JCRY THAT WAS COMMITTED WHILE HE OR SHE WAS A RESIDE:,.JT OF THE GROUP LIV1NG FACILITY SlL.\LL BE DEE:VIED TO BE .\ P UBLIC Nl:IS . .\...'iCE , AND SH • .\LL BE SUBJE CT TO THOSE E::-.rORCE:VIE:-lT ACTIONS AND PENALTIES APPLICABLE TO OTHER PCBLIC '.'-11..iISA:-.:CES WITHIN THE CITY . F. G . PRIOR TO INITIATING OPERATIONS , .. \:,.JD PRIOR TO :vtOV1NG OPER..\TIONS TO A DIFFERENT FACILITY , AND ON OR BEFORE DECEMBER 31 OF EACH CALENDAR YE .. .\R. THE OPER..\TOR OF EA CH GROUP LIV1NG FACILITY SHALL SCB:\IIT TO THE CITY A PHOTOCOPY OF A V • .\LID AND CCRRENT CERTIFICATE OR LICENSE ISSUED BY THE STATE OF COLORADO IF ANY SCCH CERTIFICATE OR LICENSE IS REQUJRED FOR THE OPER..\TION OF THE F.\C!LIT'i . IF ACTIVE AND CONTINCOUS OPERATIONS ARE NOT CARRIED ON FOR A PERIOD OF 3 CONSECUTIVE :VIONTHS IN A GRO ·p LI\tlNG FACILITY APPROVED AS A CONDITIONAL USE. THE GRO P LivlNG -8- ' ' I . 0 • • • .. ,. ,..,-·• • .. • -' FACILITY SHALL BE CONSIDERED TO BE ABANDONED . THE USE MAY BE REINSTATED ONLY AFTER OBTAINING A NEW CONDITIONAL USE APPROVAL. H. AS AUTHORIZED BY 42 USC 3604(1)(9 ), NO GROUP LI\tlNG FACILITY SHALL PRO\tlDE HOUSING TO A."IJY INDivlDCAL WHOSE TENANCY WOULD CONSTITUTE A DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHER INDl\tlDCALS OR WHOSE TEN A'.\iCY WOULD RESULT IN SUBSTANTIAL PHYSICAL DANGER TO THE PROPERTY OF OTHERS . 16-4-23-4-3: REASONABLE ACCOMMODATION : THE FEDERAL FAIR HOUSING ACT , AS AMENDED , REQCIRES THAT LOCAL GOVERZ\'1\IENTS BE PREPARED TO MAKE "REASONABLE ACCOM'.\IODATIONS .. IN ORDER TO PERMIT HOUSING FOR CERTAIN PROTECTED GROL1'S TO OCCUR IN CERTAIN TYPES OF RESIDENTIAL AREAS . IN RESPONSE TO A WRITTEN APPLICATION IDENTIF\lNG THE TYPE OF HOCSING BEING PROvlDED AND THE PORTIONS OF THE FAIR HOCSING ACT THAT REQCIRE TH..\T REASONABLE . .\CCO!\.l:\IODATIONS BE '.\L\DE FOR SCCH HOCSING . THE CITY l\lL.\NAGER OR DESIGNEE IS ACTHORIZED TO TAKE A:'s-Y OF THE FOLLOWING ACTJO::,.iS IN ORDER TO PROvlDE RE . .\SO:-.:ABLE ACC0l\.[\10DATI01'S WITHOUT THE :\"EED FOR A REZO:\l:\G OR \' . .\RU::-;CE PROCESS : A. l\lODIFY ANY FACILITY SPACJ::,.iG . BCILDI:\G SETBA CK. HEIGHT , LOT COVERAGE , OR LANDSCAPING REQt;IRE'.\1E:-.:T BY NO '.\10RE THA:\i 10%; OR B. REDUCE A~·y OFF-STREET PARKING REQCIRE'.\IE:,,.iT BY NO MORE THAN 01'E SPACE . C. THE CITY '.\1ANAGER OR DESIG::-JEE '.\UY APPROH A TYPE OF REASONABLE ACCOMMODATJQ:,,.i DIFFERE:,,.iT FRO'.\! TH..\T REQUESTED BY THE APPLICANT IF HE /SHE CONCL UDES TH..\T A DIFFERENT FOR'.\! OF ACCO!\l'.\IODATION WO l.i LD SATISFY THE REQUIREMENTS OF THE F:\IR HOUSI:-.:G ACT\.\ ITH FEWER I:VIP . .\CTS ON ADJACENT . .\REAS . THE DECISION OF THE CITY :V!A:-JAGER OR DESIG:>JEE SH..\LL BE ACCOMPANIED BY WRITTE:-.: FINDINGS OF FACT AS TO THE APPLICABILITY OF THE FAIR HOUSI::-JG ACT . THE NEED FOR REASONABLE ACCOM.MODATIONS , AND THE Al.iTHORITY FOR ANY REASONABLE ACCOM'.\IODATIONS APPROVED . REQCESTS FOR TYPES OF ACCOMMODATI0:--1 TH..\T ARE NOT LISTED ABOVE l\.!AY ONLY BE APPROVED THROCGH A ZONI::-JG VARIANCE OR REZONIKG PROCESS . Sect10n 3 . The Englewood City Council hereby amends Title 16 , Chapter 4, ... Section 5 , amending Paragraph 0, of the Englewood Municipal Code , 1985 , as follow s: 16-4-5-0 . Conditional Li se: Provided the public interest is fully protected and the following uses are approved by the Commission, except for those group homes which are required by State statute, the following provisions apply : -9- ', I· 0 • • .. • -· • , . .•. .. • -.. 1. Large child care home . Accessory play equipment shall be located in the rear yard . 2-. Crettp hemes .. meh are lieense!i b, the S~te an!! .. meh pre,i!ie t .. ent, fetl1' (2 I) het11' sttpel'Yisien . a-. ~le toe (2) g'l'ettp hemes , nhether ttn!ier the same er Mfferent epensersmp , shal:I be leeate!i .. itmn the same eleelt er .. itkin the bleelts a!ijaeent te the elselt if!. .. me!, the grsttp heme is leeate!i. This shal:I net ineltt!ie g,"ettp hemes er half .. 11) hettses fer persens release!! frem eerTeetienal if!.stittttiens er faeiHties. It. Crettp heme! mttst pre.t!ie ene eff street parlttng spaee fer eaeh member ef the Jtaff en !itttJ , an!! ene spaee fer eaeh fettr ( I) resi!ie!'lt eliel'lts . a-. 2. Dependent Care Centers: Structures used as educational institutions. religious institutions or public facilities , existing at the time of the enactment of this Ordinance , may be converted for use as dependent care centers. Section :I . The Englewood City Council hereby am end s Title 16 . Cha pte r -1 . Section 6 , amending Paragraph~-of the Englewood '.\lum cip a l Code , 1985 , a s foll ows : 16-4-6-N. Conditional Use : Pro.,,ided the public interest 1s full y protected, the following uses are approved by the Commission, except for thos e group homes wluch are required by State statute, the following provi s ions shall apply : 1. Large child care home . Accessory play equipment shall be located in the rear yard. 2-. Cre11p Hemes . Crsttp hemes ... htel, are liee!'lse!i e, the State sf Celera!ie a!'la .. h!eh pre,i!ie t .. ent, fetl1' (21 ) het11' s11pepou1en . This ,hall !'let i!'lel11!ie gPettp hemes er half .. 8) he11ses fep pe1 sens release!! f.t em eerreetlel'lal 1!'lst1tt1tte!'ls er faeitities . a-. ~let .. e (2) g,"ettp hemes. . hether tt!'l!ier the same er aifferel'lt spe!'lee1ship , shal:l be leeate!i .. itml'I the same e!eelt eP .. ,thil'I tke e!eel1 s a!ijaee!'lt te the bleelt m .. l,1el, the g,"ettp heme ,_ !eeaMa . It. C1ettp kemes m11et pre11ae ene eff street 11aiiHl'I!! s11aee fer eael, 111e111be1 ef the staff en attt,, 11na ene spaee fer eaeh fettr ( I) resiael'lt elieins . a-. 2 . Dependent Care Centers. Structures used as educational institutions , religious institutions or public facilities , existing at the time of the enactment of this Ordinance , may be converted for use as dependent care centers. ~-The Englewood City Council hereby amends Title 16 , Chapter -l , Section 8 , Paragraph B, of the Englewood :Vlunicipal Code . 1985 , as follows : 16-4-8-B. Permitted Principal Uses. 1. Single-family detached dwelling . 2 . Single-family attached dwelling. -I 0- • ----------...-..-- .. ) I • 0 - • • • -• '·:-,. .. ·~ • -.. ... 3. Two-family dwelling with at least one party wall under a common roof. 4. Multi-family dwellings. Plam,ed de .elepment appre,al is re11tti:red fer mere than fettr (t) ttnitt!. 5. Hospitals and clinics, but not animal hospitals or clinics. 6-. Retwement er senier eitittn hettsing, rest hemes and nttrsing hemes . Planned de. elepment appre, al is re11tti:red . +. 6. Professional offices in which chattels or goods , wares or mercha ndise are not commercially created or sold. S . 7 . Dependent care centers . ~-8 . Educational institutions. +G . 9 . Religious institutions. 11 . Public facilities and buildings. Sectjon 6. The Englewood City Council hereby amends T itle 16. Chapter 4. Secuon 9 , Paragra ph B, of the Englewoo d Municipal Code . 1985 , as follows : 16-4-9: R-4 RESIDEr-i"TL.\L/PROFESSIONAL DISTRICT : Tlus Distnct is designed to achieve stability of land use and land value t hrough mi rumizing the adverse effects of adjoining incompatible districts . To t hese e nds. development is limited to a medium-high concentration and permitted uses a r e typically single-family and two-family dwellings . ce rtain profe ssional u es co mpatibl e with the District and private off-street parking lots . This Di strict s hould be a pplied only in sufficient size to properly perform the above obje ctive . This 1s normally construed to mean at least one-half ('/,) block m depth and one full bl ock in length. A. General Regulations: The pro1nsions found m this Zone District s h all be subject to the requirements and standards found in Chapter 16-5 , General Regulations . of this Title . unle ss otherwise provided for in tlus Ordinance or an amendment hereto. B . Permitted Principal Uses: No building, structure, or land s hall be u sed and no building or structure s hall be erected , structurally altered . enlarged or maintained, unless otherwise pronded for in tlus Ordinance, except fo r one or more of the following uses : l. Any use permitted in the R-2 Zone District. 2 . Administrative and professional office s , provided that neither merchandise is handled for sale nor merchandising se rvices a re r e ndered on the premises, except such as are incidental or accessory to the principal use. ~-~lttrsing and re11t hemes. -11- • ., ,. I • 0 ] • • • ~ ,.,,-·· • l· !.._, ' • -.. 4. 3 . Medical and dental and/or optical laboratories. 5-. 4 . Small chtld care centers .. .\ccessory play equipment shall be located in the rear yard . &. Bs11r1ttl't!'J er 1ssming ks1:1ses. +. 5 . Private off·street parking lots, the surface of which shall be of hard surface, either paved with asphalt, concrete or brick pavers . Section 7 . The Englewood City Council hereby amends Title 16 . Chapter -l . Section 9 , amending Paragraph ;>/. of the Englewood '.\1unicipal Code , 1985 , as follows : 16·-l·9·N. Conditional Use: Prov1ded the pub!Jc inte rest 1s fully protected and the following use is approved by the Commission: 1. Dependent care centers. 2-. Gr61:tJ! ksmes ... k,el,, ;;ire li.eel'tsea e. tke 5t11te sf Celsr11as , !ll't!! ,k1el, iire,iae t • el'tt) fe1:1r (21) ksttr S1:tJ!el".'l.StBl't . &. e-. ;,;e !'if'Bl:tJ! keme akall ee leeatea • ithtH !IH eigkt attHa1 ea feet (888') P!l!Hl:tS ef iAe J!P6J!6Se!! !'if'61:tJ! ABII!e . C re1:1J! l,emes m1:1_t J!PB. iae eff street J!!lrkmg fer e11ek memeer ef tke at!lff ~ Sectjon 8. The Englewood City Council hereby amends Title 16 . Chapter 5, Section 5, of the Englewood Municipal Code . 1985 . as follows: 16-5-5: PRIVATE OFF.STREET PARKING STANDARDS: A. Minim um Standards. In consonance with the purpose of zoning regulaLJ on s , as stated m this Comprehensive Zoning Ordinance . "to lessen congestion in the streets", motor vehicle and bicycle parking spaces are to be maintained as set forth below ; however. nothing in these standards s hall be deemed to dep ri ve the owners or operators of said buildings or uses of the right to mainta in control ove r all s uch land a nd structures or to make whatever change s they deem appropriate for the use of s uch private off.street parking space . Unles otherwise provided in this Ordinance. the following are minimum off. treet parking requirements for the indicated uses . 1. 2 . Amusement facilities , auditoriums, assembly halls , convention facilities . dance halls, gymnasiums , theaters. skating rinks Auto dealership s (new and used) -12- 1 s pace for each 3 seats. 1 s pace for each 2 employees at maximum employment on a single s luft, plus 2 s paces for each 300 ' ~ ,. .. 0 I • 0 .. ' . • . ]- .... ·. ·-.. • •• ... square feet of sales/office , repair or maintenance space . 3. Bowling alleys 4 spaces per lane, plus 1 additional space for each 2 employees. 4. Churches 1 space for each 3 seats or every 6 feet of bench length in the main assembly area or auditorium. 5 . DORMITORIES. ONE PARKING SPACE PER FRATERNITIES. AND TWO BEDS. SORORITIES 6-6. Educational institutions. a . Elementary schools 1 space for each classroom a nd administrative office . b . Secondary schools an area equal to 1/2 the gross floor area in the structure . ft 7. Rooming and boarding houses 1 space for each guest bed i n addit10n to the single-family dwelling req111rement. 8 . GROUP LlvlNG ONE PARKI NG SPACE PER FACILITIES THREE RESIDDiT BEDS PLUS ONE PARKI NG SPACE FOR EA CH THREE EMPLOYEES. .;.9_ Hospitals 1 space for each 2 patient beds, plus 1 space for each 2 employees on duty . & 10 . Hotels and motels 1 space for each guest room , plus I additional s pace for each 2 employees. Parking for convention facilities and dining areas in the hotel shall co nform with the requirements set forth herein. • ~-11. Industrial and/or an area eq ual to 1/4 the gross floor manufacturing area occupied by t h e use in a structure. 12 . NURSING HOMES ONE PARKI N G SPACE PER FOUR RESIDE::s/T BEDS PLU S ONE PARKING SPACE FOR EACH I THREE EMPLOYEES . • 0 Wl3. Offices -business, professional 1 space per each 300 square feet of agencies and banks rentable area ; excluding public areas, -13- 32 • • • ', ... , .. .:·. •..; H-14 . Pubhc buildmgs H 15 . Single-family dwelling Two or more family dwellings: • • •• .. common hallways. and common bathrooms . an area equal to 1/2 the gross floor area in the structure. 2 spaces per each dwelling urut. .. Efficiency , 1 or 2 bedroom units 11/2 spaces per each dwelling. Three or more bedroom units 2 spaces per each dwelling unit . Such parkmg shall be designated and identified as parking for the occupants of the building only . Guests or visitors, 5 or more dwelling units Such parking shall be designated and identified as temporary parking for the use of guests or visitors or the occupants of the building only . -1-3 16. Restaurants, bars, taverns H 17. Retail or service business: Under 7,500 square feet 7,500 square feet tt 18 . Senior citizen residential complexes ~ 19 . Warehousing and wholesale business l space for each 5 units. 1 space per each 60 square feet of gross floor area . an area equal to 1/, of the gross floor area ; gross floor area and above an area equal to the gross floor area . . 75 parking spaces per unit plus one guest space for each 5 units. an area equal to 1/4 of the gross floor area of the structure or structures. -l-T 20 . Mini-warehousing, parking and loading. a . Customer parking shall be provided at the manager's office calculated on the basis of one space for each six thousand (6 ,000) square feet of floor area and open storage, or one space for each one hundred (100) storage units or spaces, whichever is greater. Two (2) additional parking spaces for employees shall be provided at the manager's office . -14- ' . \ ' . I ., .. • 0 • • • .. • •• b . A marked loading lane shall be provided adjacent to the exterior of any structure in which storage units are located and where such units have direct access to the exterior of the structure. Such loading lane shall be clearly marked for the exclusive use of the lessees of said storage units and shall not be used for the temporary or permanent storage of any item . Loading lanes shall be a minimum of nine feet (9') in width. i-3 21. Parking for bicycles shall be provided as follows: a . Bicycle facilities shall be provided for any new building constructed. for any addition or enlargement of an existing building or use, and for any change in the occupancy of any building or the manner in which any use is conducted that would result in additional pa rking facilities being required subject to the provisions of th.t s Ordinance. b . No existing use or structure shall be deemed n onconforming so lel y because of the lack of bicycle facilitie s prescribe d in th.ts Chapter. provided that bicycle factlit1 es existing on the effective date of th1 s Ordinance shall not be reduced in ca paci ty, design . or function to less than the mirumum standards prescri bed in th.ts Ordinance . c. Bicycle parkmg facilities s hall include prov1S1 on s fo r s torage and locking of bicycles in secure racks or equivalent installation in wh.tch the bicycl e frame and wheels may be locked by the user. d . Bicycle facilitie s required by this Section shall be maintained for the duratton of the use requiring such facilities , and shall not be used for other purposes. e . Location : Bicycle Facilities. (1 ) Parking for bicycles shall be provtded on-site or on a site withm one hundred feet (100'). (2) Bicycle parkmg areas s hall be well lighted and located a s near to the building or facility entrance as po ss ible , without interfering with pedestrian traffic . (3) If possible , bicycle parking areas s hould utilize already existing weather protected areas such as building overhangs. (4) If such bicycle and automobile parkmg a reas or accessways abut each other, there shall be provided a phys ical barrier between the bicycle and automobile areas to prevent the possibility of the hitting of a bicycle or its operator by a motor vehicle . (5) All designated bicycle parking areas shall be acces s ible by ramps. f. Parking for bicycles shall be provided as follows: -15- .,, .. . ' . I • 0 32, .] • • • • ~ -· • I· .•. .. •, • -' Multiple-family resi dential use ·· one bicycle parking space per each two (2) dwelling units: facilities solely for seruor citizen re si d ential use shall provide one bicycle space for each twenty (20) units . Nonresidential uses·· one bicycle parking space per each ten (10) parking spaces required for automobiles . but not less than two (2) spaces per premis es, unless otherwise s pecified bel ow . (1) Drive-in theater, mortuary, auto service station, automobile services, drive -up windows providing services to occupants in vehicles ·· none . (2) School (Grades K-8) ·· one bicycle parking s p ace fo r each twenty (20) students . (3) School (Grades 9-12) ·• one bicycle parking s p ace for each thirty (3 0) students . (4 ) Commercial recreation one bicycle parkmg s pace fo r each twelve (12) persons' ca pacity . (5) Community facilitie s. including swim club . tenru s cl ub . community centers, neighb orhoo d ce nte r s a nd ·1mil ar activities·· one bicycle s pace for each twelve (12) pe r so n s' capacity. B . Minimum Standards for Other Uses. In case of a use not s p ecifica lly mentioned , the private off-street parkmg standards me nt10 ned . to which said use is generally similar. shall apply. C . Mixed Use s. In the case of mixed uses, the total s h a ll be the s um of the reqwrements of the various uses. D. Location . The parking area must be proVJded on the sa me prope rty a s the principal building, except that in Commercial and Industria l D1 s tnct s the required private parking may be withm four hundred feet (.tOO') of the property , but within the same Di strict or R-.t Di strict . Such separate pa rking lots may be maintained as long as the principal buildmg or uses are maintained . E . F . Use of Off-Street Parking by Another Building. :-lo part of an off-s treet pa rking space for any building or us e shall be included as a part of an off-street parking space of another building or use , unless such uses do not conflict with each other and joint use is made by contract, approved by the Commission. and subsequently recorded in the records of the Clerk and Rec order of Arapahoe County . Existing Parking Areas . Private off-street parking s pace being maintained in any zone district in connection with a ny existing building or use on the effective date of this Ordinance shall be hereafter maintained except that it shall not require more than that required for a new building or use in conformance with this Ordinance. -16- • ~ ' • I I • 0 3 - .. • ,, .. .......... • •• .. " G . Plan for Parking Areas in Planned Development . .-\ parking plan s hall be provided for any development for which a Development Plan 1s required . Such parking lot plan shall be submitted to the City Planning and Zorung Commission for investigation and approval as part of the consi dera tion of the Planned Development. H . Compact Cars. Forty percent (40%) of the required off-,treet pa rking may be provided in compact car spaces . Such s paces shall be pos t ed fo r compact car parking only. I. Handicapped Parking. 1. The minimum number of required handicapp ed pa rki ng spa ce s s h a ll be as follows : Total Number of ' ... Required Parking Spaces Required Hand icapped Spaces 1 to 25 Spaces 1 Hand icapped Space 26 to 50 Spaces 2 Hand icapped Spaces 51 to 75 Spaces 3 Hand icapped Spaces 76 to 100 Spaces 4 Handicapped Spaces 101 to 150 Spaces 5 Hand icapped Spaces 151 to 200 Spaces 6 Handicapped Spaces 201 to 300 Spaces 7 Handicapped Spaces 301 to 400 Spaces 8 Handicapped Spaces 401 to 500 Spaces 9 Handicapped Spaces 501 to 1,000 Spaces 2 .0% of Tota l Required Spaces 1,001 S.:aces and Over 20 Hand icapped Spaces plus 1 hand icapped space for each 100 spaces over 1,000 spaces 2 . The size of the handicapped space s hall be eight fee t (8') in width, nineteen feet (19 ') in depth with five foot (5') ac cess ais les . 3 . 4 . Each handicapped space shall be marked with a fr eest a nding s ign and pavement markings using the standard uniform words . sy mbols and colors that signify tha t the space is for parking by the handicapped only . Designated handicapped s paces shall be located as near to the entrance of the use as possible and shall be generally designed so that pedestrian access between the parking space and the building s hall not involve crossing an area used for vehicular circulation. -1 7- • ' . ., .. . ' . I • 0 32X • • -• .. • •·. • - 5. Access ramps usable by t he handicapped shall be pro~i ded for any change in grade between the parking space and the use . . . 6 . The total number of s paces provided for the handicapped shall be included in the total number of parkmg spaces otherwise required by this Ordinance. J. Private Off.Street Parking Spaces in Residential Districts . Private off·street parking spaces in residential districts shall be prohibited within ten feet (1 O') of the property line adiacent to any street. K. Landscaping. Off.street parking areas shall comply with the landscape sectio n of the Comprehensive Zonmg Ordinance. L. Snow Removal and Snow Storage . Owners of parking lots having fifty (50) or more spaces shall provide a designated area for the storage of s now r e move d from the lot . Such storage area shall not be in a requrred parking space or spaces. Sectjon 9. Safet,· C)auses The City Council. hereby find s . determine . a nd declares that this Ordinance is promulgated under the general police power of the City of Englewood. that it is promulgated for the health . safety , and welfare of the public, and that this Ordinance is necessary for the preservation of health a nd 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 leg1 slative object sought to be obtained. Section 10 . Severab1)jty . If any clause . sentence , paragraph. or part of this Ordinance or the application thereof t o any person or circumstances s hall fo r a n y reason be adjudged by a co urt of competent juris dict10n invalid . such Judgme nt shall not affect, impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances . Section 11 Inconsi •tent Ordjnance• Kothmg herein contained s hall be deemed a waiver of the provisions of a ny other Code section or regulation applicable to fences. If there is a co nflict betwee n the regulations m tlu s Section a nd any other Code section or regulations , the more stringe nt regulations s hall apply . Sectjon 1 ?. Effect of repeal or modd]c;mon The repeal or modificat10n of any provision of the Code of the City of Englewoo d by this Ordinance s hall not r e lease . extinguish. alter, modify . or change in wh ole or in part any penal ty , forfeiture . or liability , either civil or criminal, which shall have been incurred under su ch provi s ion, and each provision shall be treated and held as still remammg m force for the purposes of sustaining any and all proper actions , suits, proceedings , and prosec utions for the enforcement of the penalty, forfeiture. or liability. as well as for the purpose of sustaining any judgment, decree , or order whi ch can or may be rende red , entered. or made in such actions, suits. proce edings , or pro secutions . Section 13 . f.e.o.al.ty . The Penalty Provision ofE.M.C. Section l+l shall apply to each and every violation of this Ordinance. -18- • ) I • 0 - .. ,, • • •• .. ·- Section 14. Existing Uses . Any use in existence prior to the effective date of this 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 purpose of this Ordinance to eliminate nonconforming uses , a nonconforming use shall not resume if it has been discontinued for a continuous period of at least one hundred and eighty days or would terminate as provided for in the general nonconforming use provisions of this Title. Introduced, read in full, amended and passed on first reading on the 20th day of September, 1999. Published as an amended Bill for an Ordinance on the 24th day of September, 1999. Thomas J . Burns, Ma yor 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 , amended and passed on first reading on the 20th day of September, 1999. Loucrishia A. Ellis -19- ' .. I 0 ,. .. ' . .. I • 0 32X . J - • • ( .. ,. • ,, .. • .. Englewood City Council October 18 , 1999 CITIZENS REPORT The information package that we are submitting for your review has been put together in a format that we hope is user friendly and easily referenced. The documents attached as EXHIBITS are in their entirety except for lengthy documents such as Title 16 , Englewood Zoning Regulations and the minutes from meetings containing items on unrelated subjects. lf Council would like the entire document, we will be happy to provide them for you . ,. . ... .. . t . . . I . 0 32X ( l • t • • EXHIBIT A EXHJBITB EXHIBITC EXHIBIT D EXHIBITE EXHIBITF EXHIBITG EXHIBITB EXHIBITI EXBJBIT J EXHIBITK EXHIBIT L EXHIBITM EXBJBITN .. ~ -• , .. ·, .,. ~ .. . .. • -.. ... Index of Exhibits City of Englewood Planning and Zoning C omm iss ion Public hearing April 4 , 1995 Attendance list of people attending I 0/9/99 meetin g at Englewood Impact Team Office Brochure from Community Cares Foundation Englewood City Council minutes -9/7/99 Englewood Planning Commission minutes -5/22 /95 Zoning Ordinance 16-4-5 , Section O (2 ) Community Cares information packet given to R-2 residential panicipants during I 0/9 /99 meeting Article for Englewood Herald -9/3/99 Zoning Ordinance 16-4-50 Definition of Conditional Use -Zoning Ordinance Attorney Brotzman MEMO -May I , 1995 Reasonable Accommodation addressed in Council Bill #56 Questions e-mailed to attorney Brotzman Questions e-mailed to Graham and Stitt .. ,. ' • ' ' I . 0 3 - • • ( • ... • • .. e ENGLEWOOD CITY COUNCIL Oc1ober 18. 1999 Re: Council Bill #56 Proposed Ordinance on Group Living Facilities Exhibit A Dr. Louis Bruno, Medical/Executive Director of Community Foundation requested conditional use approval for 3527 through 3535 South Corona Street on April 4 199 Planning and Zoning addressed this request with a public hearing , case # 1-95 . Exhibit A-I "Planning Administrator Harold Stitt testified the proposal was to use the five unit complex as a group home with four children and an adult supervisor in each of the units. T he proposed use is considered a group home within the context of the Comprehensi ve Zoning Ordinance, and the facility will have to be licensed as a Residential Child Care Facility by the Department of Social Services. When final State regulations are adopted , the facility must also seek licensing as a Residential Treatment Center. Exhibit A-2 Mr. Stitt testified that based on the professional staff analysis, it appears that the proposed Residential Treatment Center will be compatible with the mixed uses in this corridor. The site is zoned R-2, Medium Density Residence , and the Comprehensive Plan designates this area as mixed use/medical district, which would accommodate supponive medically-related businesses, medical offices, etc. to serve patients and families of Swedish Medical Center and Craig Hospital. There is a strip of commercial zoning, approximately 100 feet in depth, along East Hampden Avenue from the South Logan/South Pennsyl vania alley east to South Lafayette Street The 3500 block of South Emenon Street east to South Lafayette Street that includes the 3500 block of South Corona Street is all within the R-2 Residential Zoned District. No medically related business exists on these blocks. The medically related business Mr. Stitt addressed are on East Hampden Avenue and in the 3500 block of South Clarkson west to 3500 block of South Logan which are zoned R-3 High Density Residential District. Most of the medical busiaess referred to are in the nature of medical/dental offices which typically operate "9-5". The Community Cares business operates 24 hours, 7 days a week in an R-2 residential zoned district. Exhibit A-3 Mr. Stitt addressed the issues of traffic, light and noise, noting that the five condominium units have been rented and the traffic generated by the Residential Treatment Center will probably be less than that generated by the rental units . Exhibit B During a community meeting, Paul Schmitz stated that as of October 9,1999 Community Cares has a staff of 31, plus the visiting staff from various agencies, and resident 's friends and family . Of course, this substantially increases the traffic . • .. I· 0 ( • • ( .. • , . • • • Exhibit A-4 Mr . Stitt stated that the children will be in the school system and the applicants have met with officials of the Englewood School District. Exhibit C This statement has been proven untrue as we were told on 10-9-99, by the managing staff at Community Cares, that on rare occasion a resident would attend a public school or community college. The Community Cares staff was very proud of their on-s ite vocational/educational program at the Treatment Center. They address On-Grounds-School in their Residential Treatment Center brochure. Exhibit A-5 Mr. Stitt stated that the Comprehensive Zoning Ordinance does not allow for halfway houses for treatment of substance abuse or individuals that have been through the judicial system . Exhibit D-1 On 9-7-99 Mr. Kerry Golden, Clinical Director for Community C ares stated to City Council , "A lot of them have been in jail" referring to the residents at C ommunity Cares, 3527 -35 35 South Corona Street . During our 10-9-99 community meeting the facility managing staff verified Mr. Golden 's statement that some of the re sidents have been in a correctional facility and may be on probation. Wouldn't this violate the Comprehensive Zoning Ordinance to which Mr. Stitt referred'! The issue, of bow many group homes this facility, would be was addressed sevenl times duriag tile Planning and Zoning Public Hearings Exhibit A-6 Mr. Douglas initiated the first discussion by expressing that this would be 5 group homes which does not comply with the intent of the ordinance. Mr. Stitt then stated that the 5 units are under one ownership and comprise a complex. Mr. Douglas further stated that the Comprehensive Zoning Ordinance prohibits commercial health care facilities and expressed the opinion that this is a commercial, for profit endeavor in a residential area. Throughout the hearings this issue was raised and discussed several times. E1.bibit E-1 Final determination of this issue was made by attorney Brotzman on May 2, 1995 . He stated that the determination is that the complex is 5 houses with four people, and not one unit. E1.hibit E-2 Mr. Redpath and Mr. Horner asks for clarification that this proposal be for 5 separate group homes; Mr. Brotzman responded affirmatively: it is 5 separate homes . E1.hibit F According to Mr. Brotzman 's determination we have 5 group homes in the same block in an R-2 Residential District and they are all located on the same lot. Regulations state that no group homes shall be located within the same block. E1.bibit A-7 Dr. Louis Bruno, Medical/Executive of Community Cares was sworn in and testified the children/adolescents who will be accepted at the Treatment Center would range in age up to 18 . 2 • I • 0 - • • ( -• .. ~ ,,-. • , . ... • ~ -.. ... Exhibit A-8 Dr. Bruno goes on to testify that treatment could, on rare occasions, continue until the age of 2 1, but most individuals still in need of treatment at the age of 18 would be transferred to an adult treatment ce nter or referred to a health cent er. Colorado Revised Statutes define Residential Child Care as a facility for children , not adults. Exhibit G Community Cares states that they are able to provi de tre atment to emot io nall y disturbed and mentall y ill clients a ge 12 throu gh 2 1 years of a ge a nd most of th e yo uth accepted are between 15 and 20 years old. Exhibit A-9 Dr. Bruno went on to testi fy that the treatment cent er \\1 11 not acce pt children/adolescents with drug, alcohol , or judicial problem s. Once again this proves contradictory to the youths that are being housed at the facili~·. Exhibit A-10 Dr. Bruno discussed proposals the organ iz.ation is cons 1de nng to keep th e youngsters entertained, such as installing basketball hoops in the rear o f th e com pi e ·. fie ld trips , etc . As of this date basketball hoops do not exist and the courtyard furnished has vel")' little space for physical recreation to accommodate 20 youths. This leads to hardball, football, and other games being played in the street, sometimes within inches of residents cars. It appean sometimes that the only outdoor recreation is smoking. Exhibit A-11 Dr. Bruno goes on to state that there will be rules on curfew, bedtime, lo ud music , and wants a peer pressure behavior system . We have never seen a copy of these rules and would question the enforcement polk}'• Exhibit A-12 The original intent when property was purchased was questioned by Mr. Homer. The answer indicated that the property bad been used for placement of clients. Exhibit A-13 Mr. Shoop inquired about visitors to the treatment center and the impact on parking. Dr. Bruno noted that not all fam i lies will visit at the same time, and expressed the opinion that the parking congestion will be no worse than it is now . On the contrary, families are not tll1e only visiton to the facility. Friends, staff, and outside agencies also visit. Wednesdays seem to be a family or parent day and several families and outside agencies visit at the same time. These visiton seem to disregard the fact that they are visiting a business in a residential area and on many occasions block driveways and leave little or no parking for residents that live on the block. Exhibit A-14 Mr. Kerry Golden was sworn in and testified that the children need a normal setting, attendance at public schools, etc. Again the contradiction exists that the residents attend public schools. 3 • . I • 0 .] • • ( • ', .,· .. ,, • • •• ... .... • Exhibit A-15 Dr . Bruno stated that he did not know at this time what the diagnosi s of th e children might be . As of 1~9-99 the diagnosis nnged from schizophrenia, bi-polar manic depression, depression to post tnumatic stress disorder. Managing staff was asked if they were comfortable with the raideats laaving their own lighten and matches on their person. The answer was ya. Exhibit H This exhibit presents a incident in which a resident at Community Cares allegedl y set fire to his mattress, bedding and clothes in his bedroom . The Fire Department and Police were called; the youth could face charges for arson . Exlaibit A-16 and A-17 Mr. Beauvais, a resident, expressed concerns about parking, noi se , supervision of youngsters, property value, and number of police calls. Exhibit A-18 Ms . Malitha King expressed concerns about vandalism and kids roaming in gangs. She cited personal expenence with their business and a close by group home . She said that the center if allowed would compound the parking problems . Exhibit A-19 Cheryl Huelker stated her concerns as change in a quiet neighborhood and age , and that emotional and mental problems need to be k.n0\\11 . She needed to know what play area would be provided and would the street become the playground? She felt a complaint process need to be available for those residents that may experience problems . She felt a review period would help assess problems that may arise. She also raised questions about noise and traffic and the influence their actions might have on other children . Exhibit D-2 Cheryl Hilker who lives across the street from the center describes how she has to witness four to six teens smoking at all hours of the day because they are in front of her house on the sidewalk. The problems have not only continued but also worsened in the years she has lived there . She pointed out that it is hard to distinguish between the staff and the residents needing ~tment. She cited parking problems and ugly language that when reported do not seem to be something Community Cares wants to be concerned about. Exhibit A-20 Mr . Richard King asks the Commission if they would desire to live adjacent to this facility? We think that this is an appropriate question for Council Members who represent residents and also live in Englewood. Exhibit A-21 Dr. Bruno expressed the opinion that this neighborhood is appropriate for the type of use he proposes and that the development in this corridor is indeed mixed-use The Corridor is mixed-use, however the arai i• question is zoned R-2 Medium Density and bas been single family residential since the homes were built in the 1940's. It is our feeling that a 'conditional use' should be retained in Englewood's Residential Zoaing because it provides that the public's interests are fully protected and the Commission and Council approve the uses. 4 • .. . ' I • 0 r • • ( -• .. ~ -· • .•. ·-• ' ' • ' Exhibit I and J Refer to R-2 Conditional Use and the definitions of Conditional Use . Exhibit A-22 Dr. Bruno described a complaint process that is in place and numbers would be distributed to the neighbors . We are not aware of any process whereby neighbon can register complaints. We were not given telephone numben until September 7. 1999 after the issue was brought to Council and the media's attention. Exllibit A-23 Dr. Bruno estimated that a call would be made to the police department about every three months or so. Records show 333 police calls have been made from May 26, 1996 to August 30, 1999 to the Commuaity Cares facility on Corona Street. Because of the nature of these calls many police vehicles were accompanied by fire trucks and ambulances creating more noise, traff"ac, parkiag problems and disturbances to neighbors. Staff at the facility initiated a majority of tllese calls, clearly iadicating a lack of control by staff. Council is requested to review tlle Englewood Police Department's record of these calls. We would ask Council to consider whether there is any other R-2 zoned area in Englewood that would even come close to tbis many police calls in one block and in particular to the same facility. Eitbibit A-24 Mr. Mason requested information on overlap of staff presence . Dr. Bruno did not actually answer and the ratio of staff presence at any given time is still not clear. Eithibit A-25 Dr. Bruno answered a member of the Commission 's concern about kids traveling in gangs with youngsters out in a large group will be supervised. We see groups of youtbs in the street and at tbe coaveaieace store without apparent supervision. Eithibit A-26 Dr. Bruno describes public school attendance and transportation of youths to and from schools at different times during the day . Are the severe or penistent mentally ill cbildrea Dr. Bruno describes capable of attending public schools, functioning in a noraal scbool settiag, aot disrupting classes, socializing witll peen, and eitbibiting behavior associated aad eitpeded from students attending public schools! Eithibit A-27 Dr. Bruno emphasiz.ed that a complaint procedure in place does not signify a lot of problems. We coatend just the opposite. There have been a lot of problems and we are not aware of aay coaplaiat procedure in place. Euibit A-28 The Commission discussed a review process and other problems associated with the approval and the possibility of Commission error. 5 ' I • 0 • • ( l .... • I• .. • ·. -.. E1hibit A-29 Attorney Brotzman cautions the Commission to not get caught up in the number of units, rather for them to continue discussion to enable legal research on the issue . The Commission was concerned about issues aHociated with group housing, number of units, number of residents, etc. How could a discussion continue without such questions being answered? Was legal research accomplished and what did it ascertain? Refer to Exhibit F. E1hibit E-3 Mr. Brotzman stated that his research finds that the treatment proposed by Dr. Bruno will be for handicapped children and adolescents and such falls within the purview of the 1988 Fair Housing Amendment Act. and the protection the Act provided for handicapped individuals in terms of housing availability . The 1988 Fair Housing Act is a long and complicated amendment, ho"·e,·er we feel its objective is to prohibit discrimination in the housing market for certain protected classes. We do not perceive a City requiring a conditional use permit or compliance with zoning regulations for a business serving a protected class as discrimination. By no means are we suggesting that anyoae be discriminated against, all we asking is that a business serving a protected class abide by current zoning regulations. Since the owner of the property is also the opentor of the facility be himself would be required to make fair and reasonable accommodations to the clients he refen and the residents he accommodates. Is a 'Use b~· Right' for selected business fair and reasonable to the residents who are governed b~, Englewood's Zoning Regulations! Exllibit E-4 Mr. Brotzman states that the applicant will have to comply with other regulations but that the Commission may not apply Conditional Use Restrictions to the Proposal. What other regulations would the applicant have to comply with! We ask that changes in the Ordinance ameading Title 16 be specific in detail, definitions, and time frames if the coacept of applicant/facility review from both the City and Public Hearings contained in Conditional Use is denied and a Use by Right substituted. The regulations that such a use by right would be required to comply with should be defined and stated. The definitions for the facility use, location, zoning requirements, and enforcement should be clearly stated because a use by right is final Exhibit E-5 The Commission was advised that it was their duty to confirm the factual basis that Community Cares Corporation will be caring exclusively for handicapped individuals . Would exclusively handicapped be inclusive of individaals that have been through the judicial system! U Council were required to make this confirmation in approving residential group living facilities, how would they do it! Exhibit E-6 Mr. Homer pointed out that a group home is not a use by right in the R-2 District and ask Mr. Brotzman if his findings mean that the City has no jurisdiction on control of location of'group homes'. Mr. Brotzman confirmed that was correct. If the City bu no jurisdictioa oa the location of group homes then who decides if two group lloaes shaU be located withia the same block or within 1200 feet of one another! Does 6 ' . I • 0 • • ( • • .. • • .. Englewood Municipal Code and Zoning Regulations retain jurisdiction when a use by right isgnnted? E1.hibit E-7 Mr. Brotzman restated that the Commission or Council must confirm that Dr. Bruno will treat handicapped individuals exclusively . Mr . Brotzman was ask if the restrictions on the number of individuals allowed per unit would still pertain and he responded affirmatively, and it is the responsibility of Code Enforcement to assure compliance. He again stated that the determination is that the complex is five houses with four people, and not one unit. We have sevenl questions: How would the Commission or Council determine and confirm that the applicant would treat handicapped indh•iduals exclusively? How would number of individuals per house be decided'! Does zoning allow S houses on a lot in an R-2 Residential District'! How would Code Enforcement enforce a facility that is licensed by the State? E1.hibit E-8 This exhibit again shows that Mr. Brotzman clarified again that it is five separate homes. Exhibit E-9 Ms. Tobin inquired of Dr. Bruno if the treatment at this facility is exclusively for handicapped? Did Ms. Tobin receive confirmation from Dr. Bruno that it was? Exhibit E-10 Mr. Homer ask for clarification of 'handicapped' and ask staff to confirm the definition. Dr. Bruno and Ms. Epstein's letter supplied the definition as full scale IQ of 7S or 70. Does this adequately address the term handicapped! Does this mean that all people with an IQ of 70 or 7S are handicapped! Ellhibit E-11 The Commission continued to be concerned with staff ratio and whether a full time staff member would be counted as a 'FTE '. Exhibit E-12 Mr. Brotzman agreed to make available to the public copies of his memorandum . Exhibit K-1 Mr. Brotzman's Memorandum of May 1, 1995 states that the Amendments to the Fair Housing Act address the issue of handicapped persons. These regulations have been applied to municipalities with regard to the issuance of zoning approval. E1.hibit L The proposed Coaacil Bill #56 states the Fair Housing Act requires that local governments be prepared to make reasonable accommodations in order to permit housing for "certain" protected groups to occur in .. certain" types of residential areas. Dr. Bruno requested a conditioeal use permit and riglldy so. He did not request accommodations for fair and reasonable housing. We contend that these would be two separate requests. 7 .. I • 0 ( • • ( • -· • .. • • Eshibit K-2 Mr. Brotzman states, ··once the Planning and Zoning Commi ssion satisfies itself that Community Care Corporation 's program will be exclusivel y for hand icapped indi vidual s the is s ue of a conditional use is no longer appropnate. Thi s is especiall y true here as the basis for thi s matter coming before Planning and Zoning was the group ; ho me status. Isn't that ho"· a conditional use is established. Planning and Zoning satisfies itself that the use is appropriate to the intended rules and regulations and in this case federal law? Esbibit K-3 .. Planning and Zoning 's duty is to confirm the factual basis that Community Care Corporation will be caring exclusi vel y for handicapped indi vidual s . It may accept the testimony already gi ven by Dr. Bruno and the supplemental letter fr o m Susan Landerson Epstein setting forth the admission criteria for Community Care Corporati on . It may al so take further testimony in this re gard. Eshibit K-4 It will then be the Ci ty Staff's res ponsibili ty to monitor th e program to in s ure that it maintains an exempt status as to the Zoning Ordinance.'· How would the Planning and Zoning Commission establish that Community Cares Corp. esclusively houses handicapped individuals? The testimony given by the applicant did not always answer Commission's questions and was not complete as to the defined handicap. How would the City Staff monitor the program to assure it maintains an exempt status as to the Zoning Ordinance? Has this monitoring ever occurred? If so, are those findings public information? Esbibit M 10-11-99 E-Mail was sent to Mr. Brotzman asking him to s uppl y answers to so m e of our questions and we have not as yet recei ved an answer. Esbibit N 10-11-99 E-Mail was sent to Mark Graham and Harold Stitt ask in g them to s uppl y answers to our questions and an answer has not yet been received. Given the above facts and findings we request that Council deny the .. Grandfathering" approval for Community Care Corporation and further amend or strike Section 14. Esisting Uses. (Ordinance Amending Title 16) which states, "Any use in existence prior to the effective date of this 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 punuant 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 purpose of this Ordinance to eliminate nonconforming uses, a nonconforming use shall not resume if it bas been discontinued for a continuous period of at least one hundred and eighty days or would terminate as pro,•ided for in the general nonconforming use provisions of this Title." It would be an extreme discredit to those citizens residing under and obeying the City's Zoning Regulations to accommodate a nonconforming business while at the same time esempting it from compliance with the law. 8 • . , I • 0 - C • • • • • •• .. ' ' .. We do not want Commuaity Cara to become a aoacoaformiag use and allowed (gnlldfathered) to remain at its praeat locatioa, in its preseat coaraguration and to coatinae its present operatioa. We agree tut a tiae period woald be required for Community Cara to comply witll the Onliuace; llowever, our coacera is that a use by right precept is being applied to Co•maaity Cara aad it is not aow, aor ever was in compliance with Englewood Zoaiag Onlinaace. The residents of Ogdaa and Corou Streets are wiUiag to do their fair share, however we have been burdened with far more tllaa our fair share for over three years. We have faitll ia tllil Coaacil aad bow that their decision will provide that the public interest is fully protected. Tllaak you for yoar atteetioa to this matter, we would be happy to aaswer any questions yoa •ay have regarding this issae. Please contact us at 303-781-3825. Dawn Davis, Citizen Representative Coacened Citizens about Group Living Facilities 9 ,. . ',,• ', I • 0 32X - ( • • .., ..... • -.. Englewood City Council Public Hearing Group Living Facilities October I 8, 1999 .. PROPOSED CHANGES TO COUNCIL BILL #56 1. The terms "Group Home, Family, Extended Care Facility, Household, Institutional Use, NW"Sing Home", arc being deleted from the Comprehensive Zoning but are still being used within the language of the State Statutes and Social Service Guidelines, etc. The term Group Home is used throughout the proposed ordinance without a definition for "Group Home". We arc concerned that definitions are being deleted without replacement terms. It is our request that the definitions in the proposed ordinance be reviewed for conformity with Comprehensive Plan, Comprehensive Zoning, State Statutes, and appropriate governing agencies . 2 . The definition of "Small Group Living Facility" states that a residence for up to eight (8) unrelaled individuals, none of which are receiving on-site medical or psychological tralmcnt but some or all of whom may be receiving on-site physical assistance with day to day living activities. We request that the terms on-site medical or psychological treatment be changed to on-site/off-site. 3 . Under ... Small Treatment Facility" we request a definition for #4 . "A Physical/Mental Rehabilitation Home". 4 . We request that Section 14 of the proposed ordinance be eliminated or amended to provide that the public interest is fully protected and the intent of the law upheld . ' ' ... .,, ' . .. I . 0 X --· • • • • ----. • ·~ • -' Englewood Comprehensive Plan and Comprehensive Zoning Ordinance Octol>cr II. I IJIJIJ Citizens Concerned about Group Living Facilities ' < Englewood's Comprehensi,e Plan is a document that examines the past and present and look s to the future_ .. The general purpose of Englewood 's Comprehensive or Master Plan is to guide and to provide for the implementation of a coordinated. adjusted and harmoniou s de ve lopment of the City and its environs _ This must be accomplished in accordance with the pre sent and futur e needs of the Citv. and shall promote the health. safetv. morals . order. and comcniencc. prosperitv and general welfare of the public and provide for efficiencv and economv in th e process of development Included in the plan is adequate pro, ision for traflic , the proh.:ct,on from fire. flood. and other danger, adequate provision for light and air. th e promotion of healthful and convenient distribution of population _" '·By anticipating and planning for future needs and providing a structure for decisions . the Comprehensive Plan helps City Council and the Planning Commission avoid the ill eflects that would result from unplanned. uncontrolled growth _., The plan also establishes ground rules that ease communication between developers , city officials and interested citi ze ns _·· An examination of the Englewood Revised Comprehensive Plan, April l<n9 re,eal s definite commitments to maintaining the residential districts of Englewood such as : I _ Residential : a . 'To reinforce Englewood 's commitment to the residential character of the city .. b _ .. To sustain Englewood as an independent community with a proper balance of residential, commercial, and industrial use ., c _ .. To provide zoning required to protect residential areas and encourage mixed-use districts allowing compatible combinations of low~ensity residential, high density residential and business in commercial areas., d , .. To build residential areas around neighborhood schools and buffer- zones between residential areas and districts with more intensive" uses" • ., \ • I I • 0 • j .. • , ..... ' • -.. ... 1$PECIFIC "GOALS" WERE TQ .. MAINTAIN ENGLEWOOD AS A Fl'LL SERVICE COM Ml ''.\IT\'" .. INSURE A BALANCE AMONG THE RESIDENTIAL, INDl'STRIAL AND COMMERCIAL AREAS OF THE CITY." .. MAINTAIN RESIDENTIAL NEIGHBORHOODS AS THE COR'.\ER- STONE OF OliR COMMliNITY" .. SUPPORT THE ENVIRONMENT :\ECESSARY TO MAINTAl!'i .-\ STABLE POPULATION" .. SUPPORT A HIGH DENSITY ACTIVITY CENTER WITIII'.\ DOWNTOWN ENGLEWOOD" .. DEVELOP OllR WATERWA VS AS A l NIQl"E :\A lTRAI. RESOLIRCE'" .. ENCOU RAGE PROJECTS OF REGIONAL CO'.\CF.R'.\ I'.\ Sl'C'H AREAS MASS TRA'.\SPORTATIO'.\ A'.\D AIR POLLl'TIO'.\ ABATEMENr .. It is the duty of the planning Commission after carefully analyzing socia l, economic and other , conditions to prepare and adopt the Compre hen sive Plan The Comm1 ss 1on 1s to make ca re ful and comprehensive surveys and studies of present conditions and futur e grcm1h patterns of th e City, with due regard to its relation to neighhoring territor.•. Planning seeks lo imuro,·e the conditions of the life and well-being of the people through sensibh· arranging the residential, commercial, and industrial s«tions of the Citv, de,·eloping each section lo standards consonant with health and safetv; creating an en,•ironment in "hich PNJple can live and grow decently." The Zoning Ordinance is a law or tool intended to cany out the intent of the Master Plan and ··!1! designed to promote a sound, safe healthy and otherwise desirable community for the residents and not just for the political interest of a few. It consists of a \\Titt e n text and a zone district map. The map divides the Citv into District s of the seve ral tvpc s of de,e lopme nt residential. commercial and industrial:· Subdivision Regulation of the City of Englewood is another tool use d to implement th e Ma ster Plan . The purpose of the General Subdivision Regulations is : I . ..To provide for the proper arrangements of propose d streets, allevs and other public waysand in relation to those presentlv existing and in relation to th e Citv ·s Comprehensive Plan ." 2. ··To assure adequate, convenient and accessible spaces and areas for vehicular and pedestrian tra vel, utilities, firefighting and police equipment, rl!<:n:ation , light and air . to reduc e noi se and air pollution:· 2 • ' . I· .. 0 - • • • '9 ~ -• .. • ' .. ,·. ·, • ~· .. •• .. ... , . . . It would appear, with all the foresight and direction inherent in the Englewood Master Plan and its tools, circumstances such as those existing in the R-2 Residential District on 3500 block of South Corona, Englewood 80110, would not occur or be allowed to continue and worsen ... L What happened to the careful surveys and studies concerning the present conditions and "improving the conditions of the life and well-being of the people through sensibly arrangjng the residential. commercial and industrial sections of the City, developing each section to standards consonant with health and safety ?'" 2. Were the studies analyzed to determine how a residential mental health treatment would impact the R-2 residential district homes? 3. Was a determination made as to how this treatment facility would impact the existing I block residential area? ,. ' ~ , . .,_ .. . ..: ' ., ~ .. ' . t • ) I • 0 • • --... • - • . ' . •• ... > • • I • 0 32X . ]- • f ' . .,.,, . : ..... E"Xl -/1f3 It A .. • .. • •• .. ... CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION APRIL 4, 1995 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7 :00 P .M . in the Englewood City Council Chambers . Chairman Mason pre s iding . Members present: Dummer. Horner . Redpath. Sho o p. Tohin . Weber. Dougla s. Ma so n Members absent : Garrett Also present : Merkel. Ex -offic io Planning Administrator Haro ld J. Stitt City Attorney Dan Brotzman II. APPROVAL OF MIJliilJTES. March 21. 1995 Chairman Mason called for co ns ideration of the Minute s of March 21. 1995 . Tobin moved: Dummer seconded : The Minutes of March 21. 1995 be approved as written . AYES : NAYS : ABSTAIN: ABSENT: Horner. Shoop . Tobin . Weber. Douglas. Dummer. Ma so n None Redpath Garrett The motion carried. Ill. COMMUNITY CARE CORP. 3527-3535 South C orona Street CASE #1-95 ', Chairman Mason stated that the issue before the Commis s ion is a request filed by Community Care Corp . for approval of a Conditional Use at 3527-3535 South Corona Street. Mr. Maso n set forth the parameters for conduct of the Public Hearing, and asked that the Public Hearing be opened . Tobin moved: Horner/Shoop seconded: The Public Hearing on Case #1-95 be opened . ', . ' ) I· 0 2 A-I • J .. ,. ,,-. • ... • - AYES : NAYS: Horner . Redpath. Shoop. Tobin. We ber. Dou g la s. Dummer. Ma so n None ABSTAIN: No ne ABSENT : Garrett The motion carried . Mr. Mason asked that staff prese nt th e case . Planning Administrato r Stitt wa s sworn in. and testified that the iss ue before the Commi ss io n is a request for Conditional Use approval for a residential treatme nt center for mentally ill children and adolescents at 3527-3535 South Corona Stree t. The applicant is Community Care Corp. Louis Bruno, M .D .. and th e p rope rt y ow ner s are Lo ui s L. and Debra H . Bruno . The proposal is to use the five unit condominium complex as a group home . with four c hildren a nd an adult supervisor in each of the unit s . The proposed use is cons id ered a .. group home·· within the context o f the C o mprehe nsiv e Zo ning Ordinance . and th e facility will ha Yc w he licensed as a _Residen\iaLChild Care Fa ci lirv hy the Department of Social Services . Whe n final State regulations ar~ adopted. th e facihty mu st a lso .eek lic ens in g as a Re sid e ntial Trcatmcm Center . Mr . Stitt testified that he i aware that some of the neighbors have concerns about th e propo al. and emphasized the need to mak e sure the purpose of the treatment center is c lcarl y understood by the neighborhood . Mr. Stitt c ited the requirements the Commi ss io n mu st co n~id e r in de lih - erating the request. and stated that based on the professional staff analysis. it appears that th e proposed res idential treatment center will be compatible with the mixed uses in thi s corrid or The site is zoned R-2, Medium Density Residence. and the Co mprehensive Plan de sig nate s th1 A-2. area as a mixed use/medical district. which would accommodate supportive medicall y -related businesses. medical offices , etc. to serve patients and families of Swedish Medical Center and Craig Hospital. There is a strip o f commercial zoning. approximately 100 feet in de pth . a lo ng East Hampden Avenue from the So uth Loga n/South Pennsy lvania alley east to South Lafayette ,treet . Mr . Stitt addressed the issue s o f traffic . light. a nd no i e . noting that the five condo- .ninium units have been rented and the traffic generated by the residential treatment center will A-~ robably be less than that generated by the rental units . Mr. Stitt sta ted that re s idents who have expressed concern to him regarding the proposal empha s ize th at thi s is a .. quiet neighbo r - hood'', and a group home accommoda!ing up to 20 children will ge nerate some no ise. Neigh - bors are also concerned about privacy with the influx of young sters to the area . Mr . Stitt questioned the wisdom of imposing a fencing requirement on the facility : fencing is no rmall y a A-4-.. good neighbor'" policy between adjoining properties . Mr. Stitt stated that the children will be in the school system , and the applicants have met with official s of the Englewood Schoo l Di s- ·rict. There are 10 off-street parking spaces provided for the complex at the rear of the prop- erty; the requirement for the condominium complex is o ne and one -half space per unit. plu s one guest space; the complex has more off-street parking than is required . Mr. Stitt stated that the application had been referred to other City Department s for co nsideratio n and co mment . The proposed u se will be cla ss ified as ·· re~id c •11ial nrc:11pancv .. and not ·· in stituti o nal occu - pancy~· by the Building & Safety Divi s ion . 2 • t ', ) I • 0 • • • .. ,,-. • .... ... • • ' " Mr. Still reiterated the o pinion o f staff that the proposed re sidential treatment cente r will he compatible with the neighborhood. Mr. Stitt stated that he has visited the other treatment cen - ter operated by Dr. Bruno , and was very impressed with the facility . It is the o pini on of staff that the approval of the residential treatment center is a reasonable reque st and sho uld be ap- proved . Mr. Horner raised the issue of the number of non-related individuals per unit. c i1ing a re nt a l in his neighborhood where five young people were residing: he unders1 ood that no mo re th an fo ur unrelated people could occupy a unit as a '·family"., but this group home is propos in g to have four children/adolescents plus the supervisor. Mr. Still staled th at 1he proposa l is a .. res iden - tial treatment facility"·. and is not strictly a residential use . The definiti o n of "Group Ho me " and of" Family-was cited and discussed. Mr. Redpath questioned whether the Commission could place re stncuons o n the pro posed treatment center to assure that it does not evolve into 1he ty pe of .. group home .. th at is o n Ea t Floyd Avenue in his block . Mr. Stitt stated that if the applicant decided to change the type of operation . the Planning Commission would have to reconsider the request at that time . Mr. Shoo p asked if the treatment fac ili1 y was only for th ose children/adolescents with ment al illness. or whether individual s who are addicted to alcohol or drug s would also be trea ted . Mr. Stitt stated that the Comprehensive Zoning Ordinance does not allow for half-way houses for treatment of substance abuse or individuals who have been through the iudicial system. The proposed treatment center is o nly for the mentally and emouonall y di sturbed chi Id / adolescent . Mr. Redpath inquired whether the Fire Department had in spected the premi ses. a nd whether any special precautions were recommended to deal with children who may be prone to arson . Mr. Stitt re sponded that the Fire Department did review the application: no additi onal changes to the facility are required . Ms . Tobin commented that this is a commercial endeavor. and she ha s problem s correlatin g the "group home·· designation with the commercial aspect. Mr . M aso n pointed o ut that any group home involved in treating and co un se ling individual s so they ca n be brought bac k int o their private homes and become a productive member o f soc iet y is a form of commercial en- deavor. Further discussion on the is sue of ··group home s ·· versus treatment centers ensued. Mr. Horner asked how this proposed establishment compared with the existing treatment facil- ity operated by Dr. Bruno, and what process was in effect at the time it was approved 15 years ago . Mr . Stitt stated that he could not find any record of approval by Conditional Use on the Sherman Street site . Mr. Douglas referenced the definition of M group home". and noted that there are five units in the complex; he expressed the opinion that this would be "five group homes" which does not comply with the intent of the ordinance . Mr. Stitt stated that the five units are under one own- ership and comprise a "complex". Mr. Douglas further stated that the Comprehens ive Zoning 3 \ .. ', ) I • 0 • r j A-1 .. ~ ,,-·· • ·~ • -' .... Ordinance prohibit s ··commercial health care facilities··. and expressed the op ini o n th at thi s is a commercial. for -profit. endeavor in a re si dential area. Brief di sc uss ion ensued . Mr. Mason announced that he ha s in hand proof of public notice in the Englewood He rald. and proof of posting of the subject s ite . Mr. Mason asked that the applicants present their case . Dr . Louis L. Bruno was sworn in . Dr. Bruno testified to the scope of services of th e proposed residential treatment center. and to the fact that he has operated an adult treatment center in Englewood on South Sherman Street since 1980 . The services offe red by Community Care Corp. and other simi lar orga ni za ti o ns provide an alternative to ty pi ca l in stituti o nal ca re. Dr . Bruno cited his profes ional crede ntial s . Dr. Bruno emphasized the efforts that hi s organiza - tion exens to deal with all concern . of neighbors. and to succ essfull y treat and int egra te th e patients back int o their familie and the community . The children/adole cents who wi ll be ac- cepted at the treatment ce nter are voluntary patients. ranging in age up to 18. and the center will not accept any individual determined to be a danger to themselves or to others . The youngsters the center will be working with are under the control of the Social Services De - panment. Dr. Bruno commented that the earlier treatment is available to the me nt a ll y or em o- tionally disturbed person. the easier it is for that person to be succe ssfu ll y int egrated into a family situation and into socie ty in general. Dr. Bruno acknowledged that treatment is no t al - ways successful, and that some of the youngsters will be institutionalized . Dr. Bruno stated that the proposal is for four children and one staff person per unit. with suppo rt personnel as needed . Dr. Bruno emphasized that the treatment center will not accept children/adolescents with drug , alcohol or judicial problems . Dr . Bruno pre se nt ed lett e rs fr om Roberto Quiroz . MSW. Chief Executive Officer of Mental Health Corporation of Denver: from William Bane . MSW , Child and Adolescent Program Administrator. Colorado Department of Human Serv - ices ; from David W. Briggs , MSW . Executive Director /CEO. Arapahoe Mental Health Cen- ter. Inc .: and Brian Field, Director, Arapahoe County Department of Social Services all sup - poning the application for the residential treatment center on South Corona Street . Dr. Bruno discussed the work the Community Care Corp . does with the loca l mental health age ncies . and with local school districts . He stated that hi s organization was asked to deve lop the se se r vices in the community. Dr. Bruno testified that he ha s also spoken with the City Fire Marshal and Chief Building Official regarding the propose d u se of the premi ses . a nd no special change s were recommended. The premises do have a fire alam1 sys tem . Mr. Redpath inquired if the premises will have an overhead sp rinkler system . Dr . Brun o stated it will not. Ms . Tobin inquired about food preparation. and dispensation of medication o n the premises. Dr . Bruno stated that medication will be "monitored" on the site: a regi stered nur se will be on staff, but will not be on the premises 24-hours per day . The food preparation will be a ·· fa m- ily'· oriented process . 4 .-------,-~-~~=----,-~--.. • ' ' . ) I • 0 . ] A-I D A -I\ • • (( .. -· • .. • •• Mr. Redpath inquired wh e th e r th ere are p lans to fe nce th e compl ex . and w ill th e pn:m ise s he locked and the patients co nfine d to pro tec t th e ne ig hbo rs. Dr. Bruno state d th ere are no p lans to fence the complex, and it wi ll be loc ked . nOI to kee p the pati e nt s loc ked in but fo r th eir ow n protectio n . Dr. Bruno co mme nt ed o n th e vict im izati o n o f m e nt a ll y/e moti o na ll y ill peo pl e and emphas ized that patients th ey will be treatin g are .. vo luntary ··, not .. certifi e d .. : and w ill no t he "locked up .·· Dr. Bruno discussed pro posal s the o rgani za ti o n is cons id e ring to keep the youngsters enter- tained, such as installing basketball hoops in the rear of the complex , field trips, etc . --a ll un - der supervi s ion . Dr. Bruno stre ssed th e int e nt is to have the pati e nt s as ··no rm alized " as po s- s ible --to get them into a no rmal publi c school setting so they ca n lea rn to inte ract w ith peer s . Dr. Bruno pointed out that part o f th e ir prog ram is vocati o na l , a lso . Ms . Tobin inquired whethe r tuiti o n wo uld be p a id to th e local sc hoo l di strict fo r th e se c hil- dren. or are the local ta x paye r s res po ns ibl e . Dr. Bruno stated that these children are unde r the control of Social Services . and the "tuition" would be paid by the State . Mr. Weber a s ked what would ha ppe n to an ad o lescent wh o reac hed th e age o f 18 . but wa sn 't ready for discharge from treatment . Dr. Bruno s tated that treatment could. on r are occas io ns . continue until the age of 21 but most individuals still in need o f treatment at th e age o f 18 would be transferred to an adult treatment center, or referred to a health center. D r . Bru no stated that while the treatments will be available for those from one year to 18 years. he e sti- mated that the majority of the patients they will be accepting will be in the age ran ge o f 12 to 16 years . Mr . Redpath again ra ised the issue o f "protecti o n o f adj acent property owne r s " fr o m th e youngsters . Dr. Bruno stated that there will be rules on curfew , bed time. loud mus ic , and he wants to develo p a "peer pressure" behav io r system . He re-emphasized that there will be an on-duty staff member in each of the five units. as well as clinical backup available if needed . M s . T o bin inquire d whe ther an ad o le sc ent g irl , w ho mi g ht become preg na nt w hil e go in g through treatment , could sta y at the center , and could she keep the baby th e re . Dr. Bruno stated that thi s iss ue wo uld hav e to be addressed if and w he n it ha ppe ne d : th e re are no proce - dures in place to address it at thi s time . He s ug ges ted possibl y the g irl mi g ht be pl aced in a therapeutic foster-famil y-care ho me . Mr. H o rner asked wh y Dr. Bruno purcha sed the prope rt y, w he the r he had fi xe d th e p rope rt y up , and whethe r thi s use was hi s intent at th e time o f purchase. Dr. Bruno stated that he pur- chased the property approximately seven years ago to meet the apartment need for some peo ple they were trying to place , and most o f th e units have been re nt e d most o f th e t ime. T he re is o ne vacancy at the pre sent time . Dr . Bruno stated that he did some land sc aping o n th e s it e. and tries to see that it is maintained in a clean , o rd e rl y fa shi o n. Educational requireme nt s fo r staff members was di sc ussed. 5 '• ) I • 0 • j A-If A-16° ((,; -I lo .. • . . • • Mr. Shoop inquired about v,snors to the treatment center and the impact on parking . Dr. Bruno stated that they encourage family visits and participation in the treatment programs: thi s is an important facet in integration of the patient back to the family s ituation . Dr. Bruno noted that not all families will visit at the same time . and expressed the opinion that the parking con- gestion will be no worse than it is now . Mr. Kerry Golden was sworn in , and testified that he work s with the adult treatment facility on South Sherman Street. Mr. Golden cited his profess ional credentials and employment re cord in the field of mental/emotional health . Mr. Go lden testified that there are lot of children and adolescents that are placed in more restrictive settings than the y need . Family inv o lveme nt in the successful treatment of mental and emotional illness is essential: the children need a .. nor - mal setting". attendance at public schools. etc . Mr . Go lden reiterated Dr. Bruno's o pini o n that if treatment can begin at a young age , it is much easier for the patient to hec ome a p ro- ductive member of society . Ms . Susan Epstein was sworn in. and te stified that she has been legal counsel fo r Dr . Bruno· organization since 1982 . She has found Dr . Bruno to be very re spons ive to co mmunit y and governmental agency concerns . M s. Epstein testified that "thi s is not a ny -by -ni ght o pera - tion ", citing the fact that Dr. Bruno has been in business in Englewood sin ce 19 80 . Ms . Ep - stein stated that the South Corona Street treatment center will provide a .. home se ttin g ... no t an "'institutionalized-setting: this will assist the children/adolescents in their treatment program. to learn to live in a family setting, and to function on the ~o utside ··. Ms . Epstein discussed the close monitoring of the program, and the efforts of the staff to alleviate problems that the neighbors may perceive or experience. Mr. Mason inquired about problems experienced at the adult treatment center o n South Sherman Street. Ms . Epstein stated that she can only recall one incident in the len gth of time that she has served as legal counsel. an staff did addres s the is sue qu,ct-l y and re so lve it . Mr. Golden commented that they have never had any injury innicted by one of the re s ident s . but some of the residents have been injured by ··outsiders·· . There has been no property dam - age done by any of the patients that he could recall. The majority of the emergency calls for assistance have been ambulance calls . Mr. Redpath inquired whether some of the patients might be children diagnosed with Attenti on Deficit Hyperactivity Disorder. Dr. Bruno stated that he did not know at this time what the diagnoses of the children may be . Mr . Mason asked if anyone else wished to address the Commission in favor of the proposed residential treatment center. No one else responded . Mr. Maso n then asked that tho se in o p - position address the Commission . Barry Beauvais, 3519 South Corona Street, was sworn in . Mr. Beauvai s te stified that he pur- chased his property immediately to the north of the subject s ite. and moved in within the last month . He did not become aware of the proposal until this week . Mr. Beauvais asked if a de - 6 .,------------.......,...-.,,.----;,,,--=----------... --... .. ) I • 0 A-ll • A-iv • ( • ,, •,, ........ ,,. -·· • • • .. ... cision regarding thi s issue would be made this evening. and what could he d o to .. keep it fr om going through... Mr. Beauvais expressed concerns regarding th e am ount of parking. no ting that five units . each with five people plus visitors will increase the demand for parking . Mr. Beauvais funher contended that 25 people living within 20 feet of his home will generate noise that he does not want. Mr. Beauvais stated that there is a s ix foot security fence along hi s property , however , he can still see into the windows on Dr . Brun o·s pro perty. and hi s win - dows are visible from Dr. Bruno·s side of the fence --will he have 10 keep hi s blind s closed all the time to prevent the youngsters from looking into his home . Theft and vandalism was also a concern of Mr. Beauvais : be expressed doubt that four youngsters can be successfully super- vised by one person. Mr . Beauvais stated that it has been stated that the complex will be "locked to protect the clients, but who is going to protect me ·1.. Mr. Beau vai s too k is ue with the term ;;voluntary patient .. --are they "volunteering". o r were they .. vo lunteered ". Mr. Beauvais stated that he is a first-lime home buyer. and thi s is a .. tran s iti o nal home .. he pur - chased: when he markets his home he will have to disclose u ses abut1ing hi s prope rt y . and ex - pressed concern that this will decrease the value of hi s property . Mr. Beauvais noted th at Chairman Mason referenced -proof of publication ... and a sked where thi s noti ce was pub - lished . Chairman Mason re sponded that Notice o f Public Hearing wa s publi shed in th e E ngh:w ood Herald on March 23. 1995 . Mr . Beau va i re spo nded that he did not see the lega l no tice . no r does he drive up and d own 1ree1 look ing for s ign s giving no ti ce o f hea rin gs . He again a~ked "what can we do after thi s evening to kill the project ... Mr. Beauvai s stated that thi s 1~ a pri - vate organization and will reap income over and above that realized from rental of the units to couples or individuals . He asked how many times the police will have to be called because of a disturbance; what will happen to the existing renters : ho w will th e premises he kept c lean if 25 people are going to be re idine there . He a kcd that the Commission del ay the deci~i o n on the request to give him mo re time to contact other neighbo r s. Mr . Horner pointed out that at the pre se nt time . there ca n be fo ur un-related indi v idual s ~har - ing each of the five units . Mr. Shoop asked if everyone in that block parked on-street. Mr . Beauvais stated that the on- street parking is the accepted place to park , and the street is full now, particularly on the west side. Where is he to park if the vrsitors or staff park in front of his property . Mr. Redpath asked if there was no alley or parking at the rear . Mr. Beauvais stated that there is o ne spa ce off the alley , but he and his brother share the house and need tw o off-s treet parking space s. Ms . Malitha King , 900 West Quincy Avenue , was sworn in. Ms. King te stified that she and her husband own the property directly across the street from the proposed residential treatment center. at 3540-44 South Corona Street. Ms . King related experiences th ey had with their business in Sheridan and a group home down the street from the business , citing problems with vandalism. and kids Mroaming in gangs". Ms . King stated that they had used the South Co- rona Street property for rentals for their employees, and that thP. d1aracter of the entire neigh- borhood will be chang_ed if the treatment center is allowed. ~.s. King agreed that o n-s treet 7 • . ' ) I • 0 ('\ A-20 • A -2\ A-11- • ( • .. ,. ,,,.-. • .. .. ,. • • .. parking is difficult in this block, and the treatment center will compound the problem . Ms . King stated that one of their renters will probably be moving if the treatment center is allowed . Cheryl Huelker, 3540 South Corona Street. was sworn in. and testified that she live s directl y across the street from the proposed treatment center. and rents from Mr. and Mrs . King . M s . Huelker testified that this is a pretty quiet neighborhood. but with three shift s o f empl oyee s. plus the children and parents visiting , this will change . She is concerned that thi center could provide care in some cases for individuals of 21 years of age who have mental and emoti o nal problems. She asked .. what is their problem -· are they violent ?" If there are to be children at the treatment center, what provision is made for a play area --will they be all owed to pla y in the street. Ms . Huelker urged that a complaint process be in place in the event there are pro b- lems and concerns so that neighbors will have someone to call immediatel y . M . I lu elkcr asked whether the operation of the treatment center could be reviewed within . ix mo nth s or one year to determine what impact and problems the neighborhood ha s experienced . Ms . Huelker discussed the previously raised issues of noise and traffic co nge sti o n . and comm e nted that if the children will be attending public school s there will be young ster s fr o m sc hoo l com- ing home with or over to visit the children/adolescents living in the treatm e nt cent e r. The se youngsters coming in '·may not have the moral s. values. and ethic s !she] ma y ha\'e ... The parking issue was further discussed . Mr. Mason asked if there wa s o vcrn o w pa rk111 g fr om Swedish Medical Center using this bl ock . M s. Huelker stated that she wa s not a wa re the:: pe o - ple using the on-street parking were fr om Swedish: she noted that there are some s mall bu si- nesses on the north end of the block . but most of them do have so me o ff-s treet parking spa ce s provided . Ms . Huelker stated that there are evenings she cannot park in fr ont o f her home : there is parking in the alley. but the alley i unlighted . She is a s ingle woman a nd will not park in the unlighted alley area . Richard King, 900 West Quincy Avenue , was sworn in, and asked members of the Commis- sion "do you want to live next door or across the street from this facility?" Dr. Bruno wa s asked to respond to some of the concerns expressed by opponent s. Dr . Bruno clarified the difference between a .. voluntary .. patient and someone who ha s heen .. certified ... or must be in stitutionalized . The re s idential treatment center will accept onl y the .. vo luntary" patient. These children/adolescents will be under the custody of Social Services. who will de- termine where the youngsters are placed . Dr. Bruno reiterated the center will not accept chil- dren/adolescents who are determined to be a danger to themselves or to others . Dr. Bruno ex - pressed his opinion that thi s neighborhood is appropriate for the type of use he is propos ing . and that the development in this corridor is , indeed , .. mixed use... Dr. Bruno stated that to hi s knowledge , such a treatment facility does not appear to decrease property values of adj o ining properties . Dr. Bruno stated that there is a complaint process in place. and numbers for neighbors to contact are distributed to the neighbors . Mr. Beauvais commented that "I don't have any problems and I don 't have to call an y bod y now, but if you go in there how many times will I have to call you ?" 8 • ' " .. ) I • 0 - • • A-JA A-1~ ' • A-21.i; A-1.1 • .. • ~ ..... _ .. , .. • - Mr. Mason asked Dr. Bruno an estimate on police calls. Dr. Bmno estimated ffi3¥he every three months or so a call is made to the Police Department . Dr . Bruno recalled that the Englewood Chief of Police of 15 years ago didn't feel there were any more problems from a treatment center than from a single-family residential unit. The profitability of such a center was briefly discussed . Dr . Bruno stated that the Grand Junc- tion treatment center cost $75.000 for the first year. which is out of their pockets . He stated that running these centers does provide a living . Mr . Mason asked about the disposition of existing renters . Dr. Bruno stated that the treatment center, if approved , will be phased in ov er the next year to 18 month s. He commented that there is still the licensing process to go through. which can take up to six month s. The traffic issue was discussed . Mr . Ma son commented that if the patient s are 16 )ears and younger. the 10 parking spaces the complex now has seems ample . Dr. Brun o stated th e re will be one staff person per unit. and the familie will not be visiting every da y or evening. and not all at the same time. He acknowledged there may be a traffic crunch at times . Mr . Ma on asked if there is a time over-lap for shift workers. and a ked a~out th e sec urit y fence . Dr . Bruno stated that he would be willing to negotiate a higher fence between the co mple x a nd Mr. Beauvais if this is permitted. Ms . Tobin asked about the kids traveling in .. gangs ". Dr. Bruno replied that if the youngsters are out in a large group, there will be supervision . Dr. Bruno also noted that youngsters may be attending elementary, middle school. or high school and classes dismiss at different times . Some of the oatients will be transoorted to ;ind from school. Mr. Redpath asked about visits by school peers . Dr. Bruno stated thi s would have to be ap - proved by the supervisors . The complaint procedure was addressed. Dr . Bruno emphasized they have complaint proce- dures in place for their other facilities. and noted that just because they have the procedure in place does not si&nifv a lot of problems . Mr. Dummer inquired about parental rights. Dr. Bruno stated that these children/adolescents are in the custody of Social Services, and the State pays the treatment facilities for se rvice s rendered . Mr. Dummer asked if the parents are responsible for any of the expenses . Dr. Bruno responded that this may be resolved on an individual basis between Social Services and the family --the treatment center is not involved in this aspect. Mr. Dummer asked for further clarification of '·voluntary·• versus "certified ". which Dr. Bruno provided . Mr . Dummer asked what happens if a patient does not '·progress'' as expected . Dr. Bruno stated that the determination for further treatment or institutionalization is the responsibility of Social Serv - ices. Mr. Mason asked if there were further comments . Hearing none. he asked for a motion to close the Hearing . 9 '· .. ) I • 0 H -'2.b ' • • .. ~ ,,,.. .. • i~ !, • ,. •, • ' • " Homer moved : Redpath seconded : The Public Hearing o n Case #1-95 be c losed. AYES : Redpath . Sh oop . T o bin. Weber. Dougla s . Dummer. Ho rner. Mason NAYS : None ABSTAIN : None ABSENT : Garrett The motion carried . A recess of the Commission was called at 9:10 P.M. The Commission re conve ned at 9 :25 P.M . Mr. Maso n sta ted that the Planning C ommis sion make s the final determinati o n o n Co ndi t io nal Use request s. and that Findings of Fact will hav e to be written indi ca t ing th e ba sis fo r the tlec1 - sion . Funher , any motion made will ha ve to be ·'affirmatively" wo rd ed . Shoop moved : Redpath seconded : The Res idential Treatment Center at 3527-3535 So uth Coro na Street be approved; this Conditional Use shall be re viewed fo ll owing li ce ming ap - proval , or after six months o f operation . ... Mr. Douglas questioned the "fairness" of granting approval. a nd the n six month s in th e future determine that the C ommissi on erred in approval. Mr . Ma son asked whether it would be fair to deny based on the "potential " problems that ma y arise . Mr. Shoop stated that th e rev iew process would provide an opportunity to pinpo int p rob lem s and give th e tre atment ce nt e r an opponunity to resolve them . City Attorney Brotzman suggested that the C ommi ss ion cons ider granting the conditi onal u se for a "period of time" rather than u sing the review and revocation approach . Di sc uss io n e n- sued. Ms . Tobin discussed her concern that each "unit" is a group home . and that the neighbors do have concerns about the number of children to be at the treatment center . Further concerns were expressed on whether allowance of the residential treatment center will make this a le ss desirable neighborhood . Mr. Horner stated that he , too , is concerned about the "units'' and the number of children to be allowed, and asked whether the restrictions in the definition can be overridden. Further discus sion ensued. Mr. Homer summarized that most o f the concerns expressed by ne ig hb ors pertained to traffic , noi se . and youngsters playing in the street; he pointed out that thi s is an R- 2. Medium Dens it y Di strict. and suggested that this area is subject to higher traffic and parking problems because it is a medium density district. Mr. Horner pointed out that the treatment center may have le ss impact on the on-street parking than if each o f the fi ve units were re nted to adults, or to families with teenagers with cars. He stated that this argument ha s no t con- 10 • ---~- .. .... ' ' ... ) I • 0 . ]- • .. • • .. • • .. •, vinced him of a "problem '', and that parking problem s are a ri sk when yo u li ve ne xt to a multi -family unit. Mr. Mason commented regarding subsidized housing in hi s neighborhood. and of the need to be sure vehicles are locked. and nothing of value is left in the ve hicle . Thi s is no t a ··group home~, but a single-family home where the rent is subsidized . Di sc us sion ensued. A-'J. ~ The issue of one complex versus five units and the group home designation was discussed at length. City Attorney Brotzman cautioned the Commission to not get caught up in the number of units, and suggested that discussion be continued to enable legal research on the issue . Mr . Brotzman stated that a member of the audience had reque sted that the "hearing" be continued: the Commission can chose to continue the hearing . or co ntinu e the di sc uss io n. Di sc uss ion en- sued . (\-? 0 Mr . Shoop , with the consent of the second. withdrew the moti o n to approve . ' Homer moved : Di sc ussion be continued to the ne xt meeting: the Hearing is to remain closed , and the Commi ss ion will accept o nl y written information at th e next meeting . Mr . Stitt stated that the Commission cannot accept new informatio n from the public . wrin en or verbal , as long as the Hearing is closed. Discussion followed . Mr. Homer withdrew his motion . Mason moved : Tobin seconded : The Public Hearing on Case #1-95 be reopened . AYES : NAYS : ABSTAIN : ABSENT : Tobin , Weber , Douglas , Dummer. Homer , Shoop , Mason Redpath None Garrett The motion carried . Homer moved : The Public Hearing on Case #1-95 be continued to May 2 , 1995. at which time the Planning Commi ss io n will accept additional written in-Redpath seconded: formation only . Brief discussion ensued . The vote on Mr. Homer 's motion was called . AYES : Douglas, Dummer. Homer , Redpath , Shoop. Tobin . Mas o n 11 • .,_ ... ' . ' . ) I • 0 .. --• -t~. t •\' • • I v E XHt ~rr B :u;wil(/ [eaa 6 .. ~,S Dlf ~1tJ QAv/ S ~ V S (' :'::£!!"~ -1~ 4-M,.eqr ,. ~ .. • • .. ~~"-----~ -- "3.S3'1 ~-tldr<JT?q .s f 3s-~o S {7-f).Rc)/v,,, sr 3 0.3-?Jk/-l_ZJ..3__ 3->?,-79 /-J <a z.c;- ~rt\. C ~I '35~/ 5 .(.)r '.> )"-sS 7 <J /-/~ J-0 "1 I 0 ~ cft,l/Jlfr) {JYVJM~CA(?B._,__,_-=-__ (io?.l2IJL-I' ~o Peee ¥ 5':t £u..pFbR%-.. ~(~_· __ d ~~-M-1.·~----~c~~Z-2:-s·Yf, > ---·---------·-- TH!> r1 l-tS T OP r H6 pt..·c e~ <= ./2/<l . ."5&::!_, "'ll=..A........."L~.fb!.0.._..:.i.r J1-(l.: --- -,:-Mp A<.....r __KA-fa'f OFF lt t Tb Dt>(u5.5__.T~5,U£<) .4tJpur C<J!::1:1{1..1, . .,1uJ,_ CAL't: __ . Co llp ;1,v;:, A/,; '"'·..u1&?=i=-S..:..., __ _ • ., ,. .. • . . I . 0 • • I I r? HA I S ANO I ti f /\KC S EXl-1/13 I TC- Res1den llat Treatment Cen ter Contact Jaso n DeMenN Program Manager 103/ 781-1690 :hlld Placemen: Agency and I tome Based Services Co ntact Kenneth Crosby. MSW Placement Superv,sor )03/733-4978 F xetlllrvefM cd1cal Director l ours L Bruno. M D '1usmess Address 150 E Harvard Avenue $u11e 280 ' cnver. Colorado 80210 ror General lntorma11an Phone 3031777 -0303 r ~ 303/733 •565 ( • ,. - ·• 0 CH IL I f' l fl t I '.I! 'I I A..., r ri c , Commw1 1ty Cares C tul a Plar.em r n t fu ;•''lf , (CPA). hcensed by t ,f" Colora do D roar1mp11 1 n ' Human Servrccs . plac rs or arraN w s for tt" plac emert of ch,ld ren/adolcsc Pn ts bf'tv.r>p •1 •h -. ages of our and e1yhlf'en . both fr om t) I agencies and ltlc pnvatc comrnu1111, I Mf"<;f" children are placed 1n cert1f1£'cf thPr .1;,.. .r foster care homes tor twenty-four hot11 c ·ir , These homes provide a safe a nrl ri1,r\1r q env1ronmcnl for th ose whose primary µrntn•1n°' consist of diagnosable psychm1r 1c d 1s orc1Pr, ., .. l are able to respond to rrca1rnen1 111 a "'.:. reslr1ct1ve Sf:!111119 other 1/lan rci;1 cJpr, ·al ,l '"' or hosp1 ta l1za 11on fhe r 1ss1on ol thP C PA ·c; to p,o .-,,'.,.. '' P h,g es1 quahl or s.i f'ly lfP,1lf11r>r;1 :v r1 •.:..,. , 1eumf1callon 10 sc ('rely rmo 1,0f,,1 1 ( cJ ~Jut 1•(j c 1ldren and adolpc;r l"'nls .,_,,11, :1 " f',1 \' f,,,.riuency of placem£>nls m IIIP tr c1t,t •l'c;t•te .r. selling The program ui1h ;r s .11c-,1p , s t r.r-, Thprap1sls , prov1d 1n q mt('r,s1 vr lh-.atrnP11I services Services provided by Community C c11 c uir-lt i(lp 1nlf'n';IV(' l am1ly , IIHJlv1<.J t1rtl . U!Olip . l(>C( .ill lOfl;J I lhf'1:ipy case mnnaqr111011 1. ;md rd1u cthonrtl services /\ psychmlr1c;t prnv1dr s mptl1c .thon Pvaluat1ons. as well i"l'i onqmnq pc;y ch 1al11c consullat,on on each ct11lcl /aclo1f>c;c p11t 111 thr program Scrv1crs 1>rov 1c1('d for lhf' foster parenls include fO'>IC'r c .trr c rrtrf1r:a11 on rn 1ens1ve fosler p;irenl tra1111ng , c.uppon rou po:; resp1IP c.1re psych1rtt11c conc;111l;t l1on . ;:ic; w ell ns a 1ta1son parson for Pdl!r:allonnl srrvicl-.'5 w11h the commu111ly school syslf'm •:,J ,, I A f am1ly t,1 J 11 I ,v•u , ln,i,. d1,.11 ,1ru1 ,'o ,:, 1 tlrr,1py P sytt11at• ,c ,...,,! 11,1 1 ,flu 1f'd11.,1 1inr1 t c,,1•,11·1.11 n,, 1'1..11·1.11 [m t"'\rc w nr l ·1-.-.11l ,1 t d.!1 11111, 11•,,c-, 1n lf'l'\'Pf1!10fl Pi"1 1f'n l 1nq I l,1 •;""f '' [cluc;1l1or 1, ,1c-,"'"'•" ,~,.,~ Po:;yc t11o11,,r fl1H!i.111q 1 1v•1 , . .._ Voc ato nnc1I '.;,,,:,; ,.~ Psyr.n o/S0c1.1! C,1,f• r-.1,tn 1,w r-. Ht>•,ptlP C,l l '' ,Jc, 1 1•1•rl••cl • • ,; I <; 1 I) 1: NI 1 I\ I I H LA I t.1 I fl I CI N r I H Commurnty Care 1s a lln1que. twe111y -bcll. c ommur11 ly based res1d en11al lreatment ccntc1 w11hout lock.ed restraints or qu,el 1ooms The n11ss1on of lhe RTC 1s to provide lhe highest caliber of educahonal, ,..ocat1onat. and c hnical services 10 youth t>eiween the ages of 14 -20 w,th severe °' 1>ers,stent merllal illness who have had d1tf1cull1es 1n previous t,ealment s 1lua tions Our 1reatmen1 modal1t1es include ,m1 1V1dual . 9roup, family and mult..ramdy 1nerap1es We co11s 1s1enUy ullhze an approach lhat moves away horn behavior mod1flca11on 1cctm1qucs • which 1s more common 1n Ille care ol lhcse youlh . 10 a c hcnl centered. 1nteracllve therapeuuc men1oong s tyle O ur d1sc1phnc syslem 1s based on a !:tystem o l growtll, expansion and rewards Community Care feels thal these efforts more c losely muror lhe demands a l tile ,cal w orld and the needs o f youlh and !heir tam11tcs in learning to adapt new cop- •fl!J ;:tnd hvmg styles Comrnunily Care 1s a highly 1nlegraled p,ogram offering on-s1le psych1a t11 c, nurs,ng . therapeuhc, vocational. educa- 11011:11 services to au chents We follow a con s1s1cn1 . supportive. dynanuc. flexible , 1cn1 -10-hfc apprnach 10 u eahng these yo11 1h -• ~ ,,,.. ... • ,. ~ . .. • - r,~Y C IIIAlnl C S 1.n v 1 c::ro;; Comrnurnty Ca,c arranges for mechca loos based on chent needs a s ;ncluded ,n the chenl's 111d1V1dual 1,eatmen1 plan. With an on-site contracled psych1at11s 1. the use of mechcah011s 1s considered part o, lhe client's contract for treatment. Medications are d ispensed and monitored by persons cer11fiecJ by the Slate of Colorado. Health Department Medicatoo Ad1mru - stration Program Chents are given in lo,mahon ahoul their mccJ ic.1nes when they are prescubed by a Community Care psych1atnst A lfeatment group 1s jointly lac1lilaled by the M D and R N each week so that lhe youtt1 can openly discuss concerns and needs tn developing a course of trea1nient lhal best serves recove ry and op11mat l uncllornng VOC ATI O NA L 5Lll'V I C:..C.!:> Commun11y C a re employs an on -site voca11onal spec,ahsl to c00<dinate chents wtltl all pre-vocational and voca11on a1 needs Services ava~able ncluoe vocational counsehng , v~tlOflal assessmen t, shetle1ed employment. oo-s,te vocal1CM1al evaluahon 11a11s11iona1 employ- ment, on-the-Job 1ra1n1ng, and staff assistance 10 obtain compellhve employment Community Care will also provide at 1t1e /Ob s11e. social skills trmrnng, tob SIie VISIIS, ongoing contacl Wllh employers and co,workers. and Job coaching lo t1e lp promote 1nleg1atl0f'I of Community Care cl1cn 1s 11110 a vocational placemen1 The voca1 1onal coord1na1or works closely w11h Ille llle1apcu11c treatment team to vitegrnte a client's treatment plan with their vocaltonal plan .. ' .. .... ~ P n OG RAM CO M P O NLN 15 Ou1 Comm un,ty Support Syslcm ,n c lu01!S P s yc hiatric Services Therapy (1nd1v1d u al, group fam ily & mulh-lamlly) Case Managemenl Tra1n1ng ,n basic hvtng sll.,lls In terlace w11h soc1aVsuppon a genc,cs lnd1v1duahzed treatmenl pla n s CoorcJmahon w,th ER and Police Pre -Vocattonal and Vocauonal Seni1ees, leadin g to educauon & c areer develo pmen1 Emergency ava1lab1hty & c 11s1s 1ntervenhon On-ground Colofado Oepanmenl of E1Juca1 1on Special Educa11on School Co,nrnurnty Care has one al n1e most p,olesSIOflal staff ,, the regoo, with a combined eKpenence base fl human si,vices of over a century Our stalf lflciudes EKcculLve/Medical Dtrcclor Psychiatnsl Registered Nurse Master's Level Chn,cal OuetlOf LCSW Chnocal Coordna 10< Master's Level Program 011ecl °' Licensed Masler's Level Special Educatoo COOJd 1nalOI' (also Licensed as a SdlOOI Psychologosl) Vocahonal COOfd1na toc M asters Levet Therapists Prog1am Manager Case Managers Menial Heallh Worlo..ers ..,~ .,, 0 t x1-11~1 r <- O N ·GROUND '-, 5l..HO lt Communily Care prov1dcs an on gr: ,;n,•-. sc hool spe c1 lically 1a1to,ed 10 mee1 me need!> ol it's ado lesc e n t chenls I he schocl is ct:·' f.f• 1 lhrough lhc Colorado Ocpar1me1·1 o : [dl.t at,oo to se rvice bolh regular ano !>pec1J1 ~Ju,c1 1.on s tud e nts Classes a1e o·ttcrea ,n OO!h 1nu1 ,1du ah zed an d g roup IOlfn dlS Fu?10 1,1ps (trt? .1 regu la r parl o f the school .... eel>. v. 1c..h o•'cr oppo rtu111 11es for commurn ly soc1 ah1a1,on Jna app1ec1aho n AdcJ111011atly me schOO, o t'c,'\ GED u1 s1,uc11on and a!>S1~ts students 1n PD!tl graduate ed uc ational opportun111es The sct1ool operates on a }ear.round basis w11t1 qu ar l e rt y g ,ao1no pcuoos from August thro ugh may anc1 a <live, s1 l1,·d Summer scnool pr O(J rilm No rma lt zeel b,t!a\..s "uc 1nco1pormeo 1nlo !he school year and inc lude such t lohdays as Than ksg ,v1ng , Ch11s 1111as . Spong 8 1eai... and Trans111 onal Break.s be tween Summer Sc oot and lhe Regular School Year Sessions The educ ational s ta ff w o ,\.. closely with itlc therapeutic pe,sonnel lo e n su,e 1nd1¥1d uahzed educaho,1al p,o gran11 n 1ng antJ lollo w in,ough for each of it's c l,enls The on-grounds school s ta ff ,ncludes Lic ensed Master"s Special Educ a 11on Coordinator (al so licensed as a School Psycholog1sl) BA Level Special Education Teachers T e ach c r's A ids l 0 - • • • .. • ,,-. • ,. .. .. • -" ... ~ ENGLEWOOD CITY COUNCll.. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Regular Saaioa Sept.ember 7, 1999 L Call to Order lbc regular meeting of the Englewood City Council was called to order by Mayor Burns al 7:40 p.m 2 . l.avocatioa lbc invocation was given by Council Member Nabbolz. 3. Pled&e ol Allcgjaace 1bc Pledge of Allegiance was led by Ma yor Bwns. 4. Roll Call Presen t: Absent A quorum was prescnl Also present: S. Miautcs Council Members Nabholz. Grazulis . Bradsha w. Ha benic ht Waggoner. Burns Council Member Garren City Manager Scars A.s,gSWJt City Attorney Reid City Clerk Ellis Director Simpson. Neighborhood and Business Development Engineering Manager Kahm Director Gryglewicz., Financial Services Director Ross. Public Worts Director Fonda. Utilities Director Black, Parks and Recreation (a) COUNCll.. MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APP~OVE THE MINUTES OF THE REGULAR MEETING OF AUGUST 16, 1999 . Council Member Bradshaw noted she found an error on page 9. in the huge. long paragraph. about 1"0- thirds of the way down . It starts with the word said ... "said. and I have to work "i th you so thal we do compliments your plans ." Ms . Bradshaw said it just doesn't make sense . She suggested using the word what instead of that or "that what" we do . COUNCll.. MEMBER BRADSHAW OFFERED IBE CORRECTION AS AN AMENDMENT TO HER MOTION . Vote rHUlb: Ayes : Council Members Nabholz, Bradshaw. HabenichL Waggoner. Grazulis. Burns Nays: None .. .. • I I • 0 • • --• Englewood City CDUDCil Mptembrr 7, 1999 Pa~2 . . ... ,. -· • • - Absent: Council Member Garren Motion carried and the minllles were approved as corrected. 6 . Scheduled Vi1iton Tbere were no scheduled visitors. 7. Noa-scbeduled Visiton .. Mayor Burns IIOICd lhal several people have signed up to speak about group homes. He advised Iha! this is a matter that Council will take up in a couple of weeks and they thought it might be helpful and a counesy to have a staff member advise the residents as to where we are in this process. So. Mayor Burns said. he "'35 going to call on Bob Simpson. our Director of Neighborhood and Business Development. 10 just say a few words about where Council is in the process of review~ng our ordinances on this subject. (a) Director Simpson noted we heard from this neighborhood this last week and we were aware they migba be in anc:ndance tonight He s.ud he wanted lo provide Council with some background on this group home ordinance . As they may be aware , he said. we began review of the existing zoning ordinance swting in January of this year with the Planning and Zoning Commission. In MMch we me1 with City Couocil • a SIUdy Session. 1bey continued to receive inplll and began 10 p111 1ogethcr an ordinance that. really, W'llS a balance between community objectives for a more stringenl zoning ordinance and the Federal Fair Housing laws. 1be goal as he recalls, W'llS to maintain a very good neighborhood char.lcter. prolect inlegrity and protect the neighborhood qualities Iha! we value so highly he re in Englewood. And again. he s.ud. we needed to make sure that we were balancmg th.ii agamst the Federal Fair Housing laws. Whal we did, he advised. was prepare an ordinance that he believes begms 10 d o some of that and ii was in front of the Planning and Zoning Commission early in June and ii was continued approximately three times 10 respond to a 101 of the input they have heard from Planrung and Zonin g and the community and to carefully research the legal issues that are associated with this land o f ordrnancc. ', Mr. Simpson pointed out that ii is a very difficult ordinance to pUI in 10 place . Because. he ad vised. o ne o f the things they fmd lhal is extremely imponant with this is thal we do not wan1 10 have t11is kind of ordinance overtumc:d oo legal technicalities. He reiterated that they feel it is important to make sure that we protect the neighborhood 's integrity and uphold the standards of all citizens across the board. llltimaaely, in Augusl. that ordinance was approved by Planning and Zoning and is scheduled for consideration before Council as a Study Session item and a fil'SI reading of the ordinance on Sep1ember 20111, which is in two weeks. So Council will have the opponuniry to see what has developed over these many months and provide commenl and further direct.ion . 1be public hearings for these ordinances are suU scheduled and the public can come and comment So, he noted. there will be plenly of opportwuty for public comment It is our goal to have this ordinance in place by the end of the year. We believe. he said. that the cum:nt. existing zoning ordinance does not adequately protect the character and quali1y of our neighborhoods and that is exactly why we began this process. Whal we also sec is that we believe there needs 10 be further investigation of this particular problem area. which he thought the residents were here 10 talk to Council about tonight Director Simpson stated they believe it is actually. perhaps. more than simply a zoning ordinance related issue and actually needs to be looked at from a public nuisance standpoint He s.ud be believes that the City staff and the organization are moving in that direction and arc looking into that He advised he would be available for questions. (b) Dawn Davis s.ud she had some in.formation packets to pass out to Council. She stated she lives in the JSOO block of South Corona Street. First. she said. she would like to thank all of the Council members. City officials and Ci1y employees she has talked to . Ms. Davis staled they have all been very helpful to her in gathering information. She. as part of a group of neighbors calling t11emscl ves Ciliz.cns Concerned About Group Living Facilities. is here tonight to make Council aware of very scnous problems they an: having in the JSOO block of South Coron.a Street and the JSOO block of Soutl1 Ogden Street. Ms. Davis stated Iha! between May of 1996 and August of 1999 there have been 333 calls for • ... . I • 0 • • • Englewood City Council September 7, 1999 Pagel ), ~ .,.-. e - .. ... ' ' service for the Englewood Police Department to the five addresses on South Corona Street calling themselves Community Cares. She emphasiz..cd that she did say 333 calls for service. Community Cares is a group living facility for uoubled youth. These calls range from runaw.iys and missing persons. to assaults. threats.juvenile "ith a knife. distwi>ancu. fights. loud noise. juvenile out of control . criminal mischief. ancmpt al suicide and one of the latest. arson. As you can imagine. she said. we have several concerns. Daily these youths are amgregating on our street. on our alley and in front of our homes. Under age smoking is a huge problem bcrc. On countless occasions this has led to argwnents and fights in the street and alley. She commented that it is her understanding that these youths arc not permilled to smoke on the premises. We are rcally fed up with the vile language used by these youths when they spill out into our strcctS smoking. she said. II appears tha1 these youths arc allowed to do an~thing they want whenever they want and proper supervision is non existent. She Slaled we arc fed up -..ith these youths congregaung. smoking, littering, using foul language. not moving out of the street 10 allow cars 10 pass. fighun g and 111 general cn:ati:ng a public nuisance . Panting is another concem Se\'eral times I have sa:n people -.. ho ha\'c business al this group living facility . drive by at least three open parking spaces in from of it. tum a.ro wld ui my driveway and inlelltionally park away from the facility on the opposite side of the street. Why don · 1 these people wan1 to park in front of Community Cares. she asked. On many occasion · s mnors 10 thi s facility have parked in front of our driveways blocking us in or ouL Ms . Davis Slaled 11 appears that thi s group living facility, as a whole. bas no respect or consideration for our neighborhood. property or residents. She nocal that some of these youths are physically large and intimidating. Some arc defiant and most appear to have an altitude that they own the neighborhood. This has led some of our neighbors to be fearful of retaliation by shedding light on these problems. II has taken a lot of courage for each of us 10 come forward and present these problems to you . Therefore. she said. 1 ask all of you 10 take these issues very seriously . In closing, she said. we. the "Citizens Concerned About Group Li\ing Faciliucs." have adopted a zero tolerance policy concerning these problems on South Corona and South Odgen Streets. Ms. Davis advised lhal we have asked the Englewood police to adopt a zero tolerance policy and urge you. as City officials and employees. to join us arid adopt a z.ero tolerance policy for the City of Englewood. Well done. Council Member Bradshaw said. (c) William Fuchs said he li,•cs at 3539 South Corona Street. which is directly 10 the south of the Community Cares Facility on Corona. He stated that he personally kepi a log when it St.'lflcd. when they tim moved in there. but he quit at 35 phone calls to the police . He has been in contact -..ith the Community Cares people and he has their phone number next to his phone . Mr. Fuchs staled that he contacts them two times. or he tries to depending on the severity of what is going on. he calls them up twice before he even contacts the police. So he docs try to deal with them neighbor to neighbor. he said. arid that has gollell him no success whatsoever. There are cars speeding up and down the street and linenng. He noted he scooped up two shovels full of cigarclle butts in front his house just the other day. Swearing a t he and his wife. He stated he considers that unacceptable. especially at his wife . that he can put up with a little bit of it. Ms . Fuchs advised thal he has personally been assaulted and his glasses broken. There arc threats and wjlcn be docs call the police. there is retaliation. His car has been keyed. his windows have been broken. He said be can ·1 prove exactly who did it. but he bas a fairly good idea. He has two dogs and he bas caught kids throwing rocks and firecrackers al his dogs. poking them through the fence with sticks. just teasing them. Mr. Fuchs noted be bas bad complaints, the police coming by because his dogs are barking. Well. be Slal.c:d. that is why they are barking, because they arc being teased constantly. The prior people who lived in that building. be said. before the Community Cares Facility moved in. loved his dogs. they were great walcbdogs to have around the neighborhood and be never bad a problem. Mr. Fuchs noted the graffiti stancd just after they mov.:d in and it is always after the police have come. on his instigation. arid he is the only person who gets graffiti in the whole neighborhood. He said he has painted his shed three times. And then the vandalism, which he said he has alrc:idy mentioned . Mr. Fuchs stated it is getting out of control , it is dcvaluating his property. The Irids are out in the street. his friends are afraid to come over to his house, he said. and he can ·1 sit out and enjoy a barbecue. It is becoming intolerable. he said. and he just wanted to bring it to Council's aitention. • . I • 0 • • lewood Cily Council ember 7, 1999 !4 .. -----. • • - (d) James Coleman, 4320 South Pc:nnsyl\'ania Stn:et. said lhal. ironically . this kind of set the ; for his topic tonighl radler well. Tonight. be: said. he: was approaching Cicy Council with some: tions and concerns in hope of seeking some justification of the Council· s actions. The actions of not oving or even calling a second on tbe age reduction to run for Cicy Council. He: staled thal one tion he has tonighl is why would tbe Cicy Council of Englewood shooc down such a b1U lhat would Englewood reach out to it's Geo X citizens and make than feel a pan of tbe polilical commwu~·? 1g such, he 5lalCd, can help close tbe large generation gap thal is very apparent here in Englewood . ,nd, when was the la.sl time a Council member approached or talked to a group of younger people and IJsscd the imponancc of getting involved in tbe communicy or -voting ? Mr. Coleman advised lhat as, since his last visit here and tbe only response be l'CltlCived back -~why ... look whal bappc:ncd to when you approached City Council. they obviously don't care about our gcnc:ralion or wbal we ha\'e to • He said aU be: could do was agree and assure them lhar his experience in Colorado Stale gO\'emmenr nalional gO\'emmcnt in Washington, D.C. shows lhar not aU IC\·c:ls of our g°'·emmenr arc lhar way . He aiocd that lowering the age limil to serve on Cicy Council was an anemp1 10 help make: the Englewood Council, not only a little more diverse, bur more: efficic:nr in serving aU of the communicy . Such a ;ion should have and still should be left to the citizens. he: opined. Bur now the: dec1s1on th:11 is left up ,c: communicy this NO\'Cmbcr. is who is going 10 remain in office:. Mr. Coleman said he: has failh Iha! 'CSidc:nts of Englewood will want someone who is going 10 respect their judgc:menr and not dictalc it I 1 e people: of Eqlewood who have: lhc right lo dictalc the age li..rruL he said He s.aJd he would rc:ill~ some: fc:cdbadt if at aU possible:. ncil Member Grazulis said she: had a commc:ru and thal is just what she had kind of discussed iously . She advised thal she: cloc:s not have any issues with the: 21, c:xcepr lhat she: thinks perhaps he &Id serve on some of our comminces. some: of our advisory committc:c:s so lhar he: can get an !l'Slanding of the Cicy. She commented lhar she: realizes he went away for school. so be: was gone out ( { 'al.C for awhile and she: thoughl thal if he was going to be voting on such issues lhat have: taxes ;:..~ to them thal perhaps he should be aware: of, or have: had reru or mongagc: or taxes. things that a 21 ·old ... seems like you have had aU tbesc experiences, however, she thinks that he needs to learn a liale c: and pan of thal is by serving within the Cicy on the advisory comminc:c:s and we always ha\'c lings. twice a year for those commiDccs. Coleman 5lalcd it was ironic that she: says that bc:c:iusc he is 20 years old and he is a personal banker. ;aid he handles people:' s finances, mongagc:s every day. So, be: said. you don · 1 have: 10 be 2 S 10 handle e things. Ms . Grazulis noted that is bUC, and she also ... well, she: said. she won ·1 go then: now . but she: Id speak to him afterwards regarding something regarding lhat ,or Bums advised lhar nonnally Council docs not comment during this period of our agenda People c: up and say what they want for the: five: minutes and then if Council has a lopic they want to pursue do it with staff or at a Study Session. Just so people: understand lhaL he: said. Iha! nonnally they do not : a dialogue at this point. because: ii is DOI pan of their agenda to do so . Mayor Bums asked if anyone :oimciJ had a comment DOW, as Ms. Grazulis has made one . ncil Member Bradshaw 5lalcd she moved it Mr. Coleman acknowledged that he knows she did and he -eciatcs that. or Bums advised Mr. Coleman lhat Council apprcciarcs him coming and raising this issue again and he sure ii would be coming up before Council again. He said be: thinks it is an inlcrcsting issue and an onant issue and they should probably rc:addrc:ss ii sometime in the: future . ncil Member Grazulis said she: wanted to reiteralc that she thinks lhac volunrccring for these advisory minc:c:s. there arc many and we always ha\'c: openings. lhat would be a sure fire way of purling his foot •oor. She Slaled they arc also imponant wilh their decisions. -• • ., . ' ', I • 0 -- • • ,,.·ood City Council mber 7, 1999 5 oleman thanked Council for their time. .. ,. • • • (e) Sue Peterson thanked Council for listening. She advi sed lllal she lives o n l11 c 3500 bl oc k Jth Corona in Englewood and she has lived in her home for three years. She stated she 1s he re tonight cc her concerns and problems that she has had for the past three years in living on the same block as nunity Cares. Ms. Pc:1ason staled that her prima,y job is at a kennel and every day she becomes vel)' alCd. because 9~!. of the dogs that she comes in conlael with arc totally out of control. And then she cs her anger should not be directed at the dogs. but at the owners who have failed to discipline them. ai d she finds. ironically, that she is in the exact same position in her home life, living in the same as Conummity Cates. A group of teens who seem to lack any form of supervision, discipline or rules : by . Ms . Peterson Slalcd that she believes every citiz.cn is entitled to come home after a hard days park in front of their own home, spend time in their own yard, not fearing to have their animals le and get a good, restful nights sleep. But. she said. living in this neighborhood, these pleasures and sities have become impossible. She said she can't tcll Council how intimidating it is being a single lD and seeing the following activities going on. A group of mostl y teen boys. loitering on the alk and street. smoking cigarette after cigarette. running up and down the street. getting into fights. profanities, kicking down the fence, punching the mail box. breaking glass bottles. throughout the he evening and into the bedtime hours. day after day, month after month and year after year. Ms . ;on said she docs not appreciate her dri veway being blocked and on many occasions not ha,1n g a to park in front of my own home. And. she said. she doesn't Wldcrstand ho,., thin gs seem 10 gel int o ~ear over there at 9 :00 p .m . al night. the time she goes to bed, because she has to awake n al 5 ·00 a .m . aid she is really tired of teens who. by all aa:ounts. seem to be 1111SUpcn1sed. many umcs ob,1ously · control, determining her lifesty le , the quality of her life .. tio..· muc h sleep she gets. how muc h lon er 1er yard. when she can enjoy a day or an evcrung outside 1>1th her dogs and feel safe . Ms. Peterso n ;he has lived this way for three years and she does not intend to ll\·e hke this any lo nger. She staled ( s to get her life back. She thanked Counc il for the1r allcnbon . (0 Darla Reisb said she li ves in the 3 500 bl ock of South Coron.1 . She advised that when 5rst looked at their home in October of 1995 there was no indication that the townhomes fulure use i be any different than what ii was at that time. Owing a later dri,·cby of their future home, they .:d a zoning sign in the yard of the townhomes. she said. and when they went back a week later to get .:aring information the sign was gone. Ms . Reish advised they moved in, in December of 1995. and •XJ matcly six months later they noticed a severe increase of teens on the property. In the fall of 1996 -eccivcd a lc:ac:r inviting them to a Neighborhood Watch meeting and when they arrived al the meeting earned that the real pwposc was 10 discuss problems residents. both on Corona and Ogden, were i cncing ,.;th these teens. In that sbon of a period of time the police had already been called several and residents were becoming increasingly concerned and frustrated. Ms. Reish said that although 13d only experienced nuisance problems of inacascd litter in their yard and increased parking :stion, many neighbors were dealing with far worse problems. Dr . Louis Bruno spoke to them trying ~use upset residents. e,cplaining the pwposc of Community Cares and asswing them that they were ll y the ones in control at the facility. As e,cplaincd by Dr. Bruno, his facili ty serves the purpose of a a y point between these troubled and mentally ill teens being released from an institution and then released back to their families and society. She said that according to Dr. Bruno. Commwtity Cares i teach these teens how to fit in and function in a community, they would involve them and teach how to treat others. Dr. Bruno exampled some of the rules the teens must fwiction wider. She said lad lo cam privileges. the privilege 10 leave the growids unsupervised. a group could not lca\'e the !y or the growids W1SUpcrvised . Ms. Reish advised that he further stated that these properties were so Tiaintaincd that they actually increased the value of surrowiding properties. She stated she has see n of this lo be true. She noted that as Dr. Bruno ex plained these teens ' probl e ms and mental 1llnesscs Nere initiall y panicked. because she is a strong ad\'ocatc that our children need and deserve all l11e .hey can get from society, when the parents arcn ·1 in control. And. she said. they were ,.;umg 10 be ''lded and supponive. Ms . Reish stated that time has proven that nothing presented by Dr. Bruno JC . She maintained that problems with the fa c ili ty have not only continued. but worsened . From • • ) I • 0 ------ - (( • • l-• Englewood City Council September 7, 1999 Page6 '. ~ /' . • G • .. ' what she bas 'l\imcsscd. the only people in conirol arc the ICCns. Parting, littering, obscene language, fighting and congregation in the street. noise and smoking have been their biggest complaints. she said. On one occasion. after coming home for several days and finding a large Subwban parted in front of their home in such a way that no room was left for them to part. she tried to reach Dr . Bruno. Her call was returned by Paul Schmitz. the program din:ctor. He met her outside her home to discuss this and other problems. She advised that. as she told Mr. Schmitz, Dr. Bruno put a business. a business lha1 demands plenty of parking, in a residential neighborhood with limited parking. So his businesses is using the fronc of their homes as his parlting lot. she said. Yes. she noted. it is a public street. but the residents should have the right and ability to part in fronl of their own home when Ibey come home from work. as well as not have to wonder, every day, about some strange vehicle and where it came from Especially. she poinced out. when you look down al the facility and no cars arc parked in from of it She said thac Mr. Schmitz response to her was that many of the counselors don 't want to park down there , because the y arc afraid their vehicles arc going to be targeted by the kids . Ms. Rcish Slated she asked him to think about wh..~1 he just said to her and whal that says to her as a resident. that no mancr what happens. don ·1 say anything 10 tbcsc teens because they will retaliale. She feels that way now. she said. speaking in fronl of Council that she and her famil y, her home and her property arc al risk. should she say or do anything against these teens. Sina: Dr. Bruno has not taken any steps to ensure the containmall of these teens inside che fa c ility or its grounds day or night. her home is at their mercy • she said. Ms . Reish advised that she has witnessed Ke ll)' Golden walking an out of control teen down che block. which means they g et to hear ch e m yell . scrc:im an d cuss their anger. On several occasions. while working in cheir yard. teens have walked d own the street. treating she and her family to a very colorful conversation. 'l\i th e\'ery other word being che f word . She said she bas been approached by them asking for cigarettes and on numerous OCC1Sions have had chem Sland in the middle of the street. barely moving. while they look at them with disdain. when IJ)i n g to dm-e down the SIJ'CCI . She said she watched a van load of them come do'\\11 the street and as it reached the facility, before it came to a stop, lhc doors burst open and several of the teens jumped from che mO\~n g vehicles. Ms. Rcish stated she did not witness any response from the driver. She said she has watched t.ccns smoking on the sidewalk, chcn take off up the Sll'cct. apparcnUy needing no ones pcmussion to do so We have had to listen to loud music. yelling. cussing. fighting and ha,1ng conunual police presence. she said. She secs no real supen'ision. conirol or discipline. In her VICW . she said. these k ids have no cho res o r responsibilities. except to hang out on fences , streets and other people 's propcny smo king . Ms . Rc 1s h s:ud she has even witnessed staff. standing on ch e sidewalk. smoking \\1th the teens She staled thac U1cse happenings have gone beyond nuisances to problems. problems that occur continually and every day. problems that inflict on her rights and affect her qual ity of li,1ng and feeling of secunty _.,Ihm he r ho me (g) Anita J. stated that she li ves in the 3 500 block of South O gden and her o ve rhead garage 1s directly behind lhc Community Cares facility . She said it is like they have turned her backyard. driveway. the area around her car and part of her backyard into a smoking hangout room . Repeated requests for chem to stay off her property and out of her driveway arc met with being called names she would not repeat to Council and having rocks hurled al her . She advised that lhc youths literally stand behind her vehicle in her driveway and will not let her back oul When she comes home alone al night they are standing chere . One night. ~ng home. a group of chem. literally surrounded her car and she could not go forward or backward. She said she nicely rolled down her window and asked that they please move so she could go in. 1bcy then all picked up a handful of rocks and hurled them al her car. Every time she tries to approach them. she said. she is intimidated. they do scare her. At a recent neighborhood meeting with lhc police officer she talked about some of her safety problems and be advised her to be very careful even calling the police. He said "you might want to think twice. retaliation is a real concern for you." She advised that he told her "we cannot be arowid. we cannot protect you all the time, think l'l\ice before you call us." So. she said. she docs and that also makes her feel unsafe. One time she had her garage door open. she was sweeping out the garage floor. She said she had che garage open because of the dust it crca1es. One young man from the facility came into her garage and cornered her against a wall. She said she tried to stay in control of the situation, asked him repeatedly to leave, ordered him to leave and he didn 't budge. Finally one of the neighbors going do"'\\11 the alley, saw what was happening and stopped and offered her assistance. She said as soon as he saw there were witnesses he retreated. She emphasized she is very ' . . • ) I • 0 I - D-2 ( ·' • • ( (_. Englc'lll'ood City Council September 7, 1999 Page 7 .. .. ,..-. • .. • • afraid every time she takes her trash out, every time she leaves her house. every time she comes back ... day or night, ii doesn '1 matter. They are hostile, they are rude. One of the men standing in the driveway told her Ml am here because I bca1 my girlfriend in the face. keep that in mind." So. she said. she always feels like she is being intimidaled. Within one week four animals on her side of Ogden were poisoned. her dog was one of them. After much therapy and intensive treatment he did survive. three of the other animals of other people did not. She said she would like 10 sec the counselors stop smoking ,.;th the kids out in our yards and our driveways and alleys. II seems to give them an opening to feel safe to do so . She said she would like to sec the kids wear some type of identification. a badge, so they don 't feel that they are just a nameless gang harassing us. If privacy is an issue, she suggested they pick a Disney character name. Just something that they know and they c.an rcpon to the police or the counselors. "hey Mike just threalcned me again." She said she would also like to see a ban of them smoking and a no tolerance issue. The policeman that spoke with them said that if particular police officers would adopt a no tolerance issue on their own. that they could be called in by a superior and asked why they are hassling those kids. Bui he said if the Council would help develop a no tolerance silllation for the City, then every police omcer would ha\'e 10 do that. that any inslance ofU"eSpaSSing, smoking, cussing ... any law broken ... any police officer would then have to write up a summons. ticket them and follow up on that ,.;thoul our names being in\'olvcd. ,-i tho ul us having fear of retaliation and then lo make them feel responsible that they need lo stop. She co mmc mcd that she is a taxpayer. she keeps a nice home and she would like to feel safe. She would like 10 use her ~ ard and be able 10 take out the uash. go lo 7-Eleven "ithout fear of threal5 and just en Jo y her home. She thanked Council. (h) Cheryl Hilker advised that she also lives in the JSOO block of South Corona and she ,s unfortw1ate enough lo live directly across from where they smoke. She said she opens her front door. there they are. she looks out her door at 10:00 al night, there they are. 6 :30 in the morning when she wakes up and whatl:'·er time she come home, there they are. She a>mmented that it makes no difference wha! the wcalhcr is. that she has seen them out there and buckets of rain are coming down and·lhcy are smoking under the tree . She said she has seen them out there in bliz.2ards, freezing cold wearing shorts. that they an: out there continually all day long. She gets up in the middle of the night, something wakes her up. 11 :00. and she looks out and they are out there smoking. It is a continual problem. Ms . Hilker staled she has called Community Cares before. had a friend come over ... she is fonwiate enough that she can park in her alley ... and she went out there and there were cigareue butts all over. She said she barely gel5 out to get her mai~ thal she doesn't want to spend time in her front yard. she doesn 't want to do yard work . Wh y. she asked. Bec:ause 5k has four to six teens out there just sining there smolc..ing and staring. directly in fronl of her . She advised she lived there ,.·hen they first moved in. that she was there when we firs1 had these discussions about it. Ms. Hilker maintained thal everything that has been said is true . She said she is a Federal employee and if she heard those things at work it would be a mancr of sexual harassmenl. Ms. Hilker Slated she does DOl put up with that stuff in her personal life. but when she comes home. she gel5 10 bear it, to sec it... she bas bad roncn fruit thro"n in her mailbox. She said she docs not want to li ve like this, but she lives directly across from them and these issues have only gotten worse in lhe years they ha,·e been l!ierc· She pointed out you don ·1 know who the counselors arc. ve rsus who lhe people 1.ha1 are th ere trying to get help. Ms . Hilker said she was out working in her yard and these Irids just lei loose a strin g of blue words, one right after another. You tty not to react to that and al some point she said she wem like thi s and she turned to the kid and said "cool the language." But, Ms . Hilker asked. how much do they have 10 take . She said she can never park in front of her house, that these people think lhcy have trouble. she has a big tree in front of her house and everyone wants to park in the shade in the summertime. She said she has parting in the back and her friends can 't park, they park in the back behind her. It is a continual problem. nothing seems to work. She said she has only called once or twice and you call and it is like "yeah ." She said that is about it and that is all she has to say . (i) Kerry Golden. the Clinical Director oflhe residential trcalrncnl center al 353 1 South Corona Street and Paul Schmitz, the Program Director for Community Cares Residential Treatment Center. introduced themselves. Mr. Golden advised Council thal they are very. very interested in having dialogue such as this and ha,ing our neighbors come in to talk with us . He Slated they are working with kids that - . . I • 0 I D -l ( • • ( • Englewood City Council ~plembu 7, 1999 Page 8 . . • .,.-. • • - .. ' ... have severe emotional problems. A IOI of them have been in jail a lot of them have been in other placements as weU and in some ways. when we look at their behaviors we have to understand that these are the kids of !Oday and the generations of tomorrow . lbal we arc attempting to do something lhal is very. very difficult We are attempting 10 pro,ide a warm. nurturing cmironmcnt for kids thaL in the pasL have nOI had a warm, nurturing environment gro"'ing up. They are very, very angry , he admo"'·ledgcd. and th~· do have chronic and pcniSICIII mcn1al illnesses and many of them are on medications . These arc kids thaL prior IO programs like Cooununity Cares, have logged many. many months and years in State hospitals and olher various facilities and institutions. By no means , Mr . Golden ad\-ised. do we think that we have a handle on everything Iha! is going on and !here are incideDIS thal happen thal we are never informed about He said be feels a little bit disappointed thal people have fell they had IO come to this forum here 10 address lhese oonccms. Because, be said. be believes they have always said and have backed that up. by saying they are very int.eresled in living in the community, working in the community and these are the kinds of lessons and the kinds of environments thal these kids need to learn to grow up in . These are normalized living silUalions . He StalCd they suugglc Mth a IOI of the same things that our commwury suugglcs with . Mr. Golden opined Iha! one of the ways we can address this and help the children, help the kids, main tam a oommunity, is for all of us to work together. We have in,ited communiry members many times 10 come 10 our oommunity meetings, be said. and we have people from the community come in and sit m on oommunity meetings and address these kinds of things and get to know the kids on a personal basis . Mr Golden said he ~ds there is a lot of fear and a lot of trepidation and he would like to be able to address thal and 5111,p those kinds of things . He pointed out these kids arc kids thaL in n\all~ way . have been wronged by society or by jUSI growing up and we are attempting to help them develop a Lafe that 1s nonnal. like most ofus have grown up with And altcmpting to help them learn 10 be proper c1t1 1..cns m soc 1ct~ He nOlcd thal is a very difficult task . He stated Iha! he wanted IO correct some of the things that 11:1,·e been said. We do have a professional Slaff there 24 hours a day, our staffing ratio is about four kids 10 one staff. which is well ,.;thin the limits thal the residential lrealment centers of Colorado have asked them to do . he said. 1bey have psychiatrists there. they have a psychiatrist thal is there four days a week. medications arc monitored oo a daily basis and they have a registered nurse there five days a week . He cmphas11J:d th.11 lhese are very, very difficult silllalions and very difficull cbildrcn to deal ...;th And again. he said. our inlCDlion is nol lO create a bad name for the community or a black eye for the commwuty. 11 1s 10 teach the kids thal are there how to live ,.;thin the community . And. he said. he believes thal eve!') body here toni ght can be helpful ...;th thal lesson and in having a dialogue Mth these kids . Mr. Schmitz said be appreciated this opporrwtity and as program director he apologized for the issues Ilic residents brought up . The way this all came about. be said. was Iha! Friday morrung. about 11 :30. he received a call from the Denver Post. Mth no prior contact from the community . He said he has jUSI taken one and a half pages of notes of list of issues and he has none of these pieces of informal.ion accessible to him. He Slated they have been interacting weekly Mth the lmpacl Team since the program opened . It is interesting IO him, be said. thal aboul four months ago, the Impact Team dropped back to maybe twice a month. He was oonccmed about Iha! and be lalkcd IO officers Doug and Sherri. he said he would go by that because thal is the way be knows them. Mr. Schmitz advised thal they bad said there was a pending, possib1e buildup of changes in zoning issues here and be is hearing that here tonight January I was mentioned. Mr. Schmitz expressed his oonccm thal we are in this kind of venue to do these kind of issues . which are really between human beings and political systems. We do have kids that are severel y, emotionally disabled. but he knows from talking to oommunity leaders throughout this community ... somebody brought up the issue of anim.11 poisoning and. he said. he knows there arc a number of neighbors households were animal poisoning has occum:d. but they have not occurred in their facility . In fact. he said. some of the police dcpartrncnt folks have talked 10 him about that Mr. Schmi tz said he thinks it is a risky situation for them 10 come here without legal coWLSCI, since they appeared inside a major newspaper here in the area. that they did Iha! from a place of trust. that is what 1s important to us here . He said they lalked IO Dr. Bruno today and be advised that they go to the meeting and offer an open door to communicate ...;th evcl) body. 11,i th the community at large, Mth the neighbors. Mr . Schmitz said. as Program Director, he did meet 11,ith the woman in the blue spon coal once and that is the last phone call he had from the oommunity as an tssuc . He said be also receives a list every week or every month • • • • I I • 0 . ]- • • mpewood City Council ·ptcmber 7, I 999 a&e' • • - pending on lbc inlcnsity oflbc rcpons from lbc police. lbc Impact Team . He advised be reviewed those ;,ons and in lbc lasl four months tbcrc have been no public complaint rq,orts. So. he said. he thinks we ve to set off lbc issues that wen: brought up bcR. with elllOlion. and incidents that go across three yean, the last year. He said it is bis experience that Ibey just passed their swewide audit. with the child ,lfare people, with lbc highest review they have ever n:ccived . Mr. Schmitz acknowledged they had a ry serious. critical incident hen: in one of their other programs and that was audited and they were mpletely exonerated of any negligence in that situation . He said he would like to present something to crybody to think about... the bus company is paying $11.56 a hour for their stan.ing bus dri ver and we y $9.00 a hour for our BA swting person. who usuall y bas an honors in history for their psychology >gram . He emphasized that we need to work as a community and. be pointed out. your lids an: coming .-arcls our program ... they may not come from your particular house, but many of the kids come from ,glewood. So, be suessed., somehow, as a community, we have to work together to balance those issues 1. He emphasizcd they can't be bad lids, they an: not bad kids. The lids al Colwubine wen: bad. kids in ier situalions have been bad ... tbcrc is some bigger picture we have to look at together. So . he stalal, we , bc:re, available and ready to do that ... for lbc Council and for the City. He said if they need his pager mber or telephone nwnber, they can have that again. en: was some dialogue between Mr. Schmitz and members of the audience. Mr. Schmitz asked Council hal was appropoaac . Mayor Burns said not really . Usually, be said. as he mentioned before. you make a tement and this will be incorporated into what our staff is doing, investigating as far as what we an: ing and this will come back to Council on the 20'8. Mayor Burns said he thinks they have a lot of :icerns from what they have beard tonight. Why an establishmau like theirs is righl next to the homes of : average citizen . Mayor Burns pointed out tbal they described lbcmselves. their clientele ... it is a very ,gh situation. very difficult people to work with. It appears. be DOied, that it is spilling out into the gbborbood and Council has to look at this and lake some kind of responsibility to help our citiuns too . (' ined it is a question of conununic:alioa and what our staff' bas told us an: the legal issues involved and _ .. we can do to protect our own citizens. ·. Schmitz said he understands that and be asked. just as a courtesy to bolh sulcs and it would be helpful hey could hear from one of lbc City 's Slaff and not the press , if there is an issue . Mayor Bums noted y cannot control the press. Mr . Schmitz suggeslcd the Ci ty might call them first if they have an issue . :ause be is open to that He asked that they please do that. wicil Member Nabbolz DOied it was her undcnlanding that they tried to call him . Wlci1 Member Bradshaw advised that she spoke with the press also and explained that she feels it is pan -job as an decacd official to be responsive . She pointed out she was lbc one on Council that raised issue of group homes in Englewood . Not tbal she doesn 't want us to do our fair share, she said. but she iu we are doing way more than our fair share in the metro area and that is why we are running this ,up Planning and l.oning . mcil Member Nabbolz commented that she bas bad problems the lasl few years with group homes and rylhing else . So, she said. she would really eocouragc the rest of Council to get on board with this and ve forward and do the besl we can . yor Burns commented that be is also concerned, that this area is in bis District. and be has talked to m Davis. they have exchanged phone calls and messages several times and it is a real issue of concem opined communication is a key but, as be said. we have to look at what our responsibilities an:, as U1CiJ members, to our citiz.ens, also. So, he Slated, Council really appreciates Mr. Schmitz and Mr. den coming tonighl to give their side of the story and being as candid as he thinks they have been . He id. as be said. our staff' will follow up and we will accumulate more information before we address this r f'unher at lbc Study Session on the 20"' . -• • ,. ' .. •, I • 0 ----:-----------------------------~ •. -------~----~----------- • ,aglnrood City Council ~ptcmbcr 7, 1999 •age 10 • • - .fr. Golden said they would request. if possible, IO be available to Council to consult ,oilh them regarding ,bal goes on in the fxility and whal kinds of children are !here and how to best teach them to live m a ommunity. such as the one !hat we ha,·e. And. Ms. Bradshaw noted. tha1 is their job. Mr. Golden said yes is and they take thaljob very seriously. (j) John Loss advised he: is ,oith Miller Weinganen and. as they know Miller Weingarten as a deadline of Scpccmbcr JO"' to come IO the City seeking approval of a plan for CityCcnter Englewood . 1 that reganl.. one of the primary objectives al this point is to find a replaa:rncnt residential dc\•clopcr for orcst City. He swa1 they have i-n mcc:ting \Oitb a nwnbcr of residential developers and they are very <cited as there is a large degree of interest. Specificall y in thal regard. he said. they have in,i ted four i.fferent residential developers to come to tonight 's meeting and speak. essentially, to lheir 'capabilities. ac:ir expcricna: \Oitb projccts similar to this and. very imponantly, to describe !heir excitement and intcrcst 1 this project. Mr. Loss Slated their O\'erail goal is to make sure City Council as aware of this encouraging ·t of information rclalcd to the le,,·el of interest and then to work closely ,oith the City staff in the nc>.1 eek IO get to a recommended residential developer !hat they can team up ,oith and mee1 !he September i• deadline:. He advised !hat the four groups that would like to speak to Council torughl m the order Ib ey ill speak. are Fairfield Residential . Lcgac)·. Black Creek and Trammel Crow Resadenual . (k ) Craig Carlson. representing Fairfield Residential. achi sed they arc hcadquanered an San ic:go, California and their office here in Denver has been in existence and opcrallon since 1992. Their ldress here in Denver is S670 Greenwood Plaza Boulevard. Suite 400, Englewood. Colorado . He stated. . oftbe end of 1998. Fairfield is the second largest lu.xury residential apartment developer in the Unued ates. In 1998 they completed 10.2.56 units. Most of these ;ipanment homes were located in communities ,ch as Englewood. a lot of suburban neighborhoods and a lot of office parks. Mr. Carlson noted they are imarily in the: luxury range and they have completed eight projects in the: Denver Metropolitan area. ( ntly, they have two projects under constnactioa and three or four otbcr projects about to break ground. • ...lid one of the CU1TClll projccts they have under consuuct.ion is located across from Polo Rcsc~·e on .incraJ just off' of Plane Canyon and the ocher project is located in the Highlands Ranch To,onc Center. : noted the other project they may have scc:n, !hat Fairfield has constructed since the)· became in\'ol\·ed m e Denver metropolitan area. is the Dcc:r Crcc:k Apartmc:nts al l-2S and 22S in the: OTC west area . Mr. 1rlson stated they are excited about the prospect and possibility of being invol,·ed with Miller We ingarten d the: City , with the residential component for the Cinderella City rehab and urban rcnc..,aJ project . iuncil Member Bradshaw advised it is not urban renc,o,aJ . Mayor Bwns explained that it is not urban 1CWal in the traditional sense . Mr. Carlson said he: was sorry. be should not have used thal phrase. ay or Bums said it is a redevelopment. Mr. Carlson explained they have been involved in other sunilar Jjects in tenns of revitalizing communities and neighborhoods . He said they are working with the C ity Arvada right now on a similar project. And again. he noted. they arc involved in the Highlands Ran c h •wn Center. Their finn has had extensive history in developing similar projects in urban infill areas and italiziog those areas. 1n addiuon to new construction. new developmenl Fairfield recently. m the lasi ·eraJ years. has acquired approximately 8.000 units and repositioned those units and brought them back to i990's project Slandards and architcctural features . Mr. Carlson staled they are excited to be invol ved i their company. as well as being one of the largest privately held residential development companies. ; a minority partner. Morgan Stanley. They definitely have the financial capability and whc:re,oi thal to involved in this project and. he said. they look forward to doing so . He noted he left one of their porate over\iew brochures. which goes into more detail . Mr. Carlson stated they look forward to ricing \\ith City Council City staff and. potentially, Miller Weingarten . . yor Bums noted one of the: Council members asked a question . He said. as Mr. Carlson may know. that ler the original design some retail was also planned along with the residential . indeed , under the idcntial . Mayor Bums asked if they do any retail or if that is pan of their plan. Mr. Carlson advised Y have done retail, lhal they have had experience in incorporating retail components in their residential ( .. s . It is something they would definitely entenain. he said. and work with the City to achiC\'e your nd ours . • ', I • 0 - ( ( • • ( .. • .. .. ~ .... • •' --- .... CITY OF ENGLEWOOD PLANNlNG AND ZONING COMMISSION MAY 2 , 1995 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was ca ll ed to order at 7 : I 0 P.M. by Vice-Chairman Redpath in the City Council Chambers of Englewood C it y Hall . 3400 South Elati Street. Members prese nt : Garrell . Horner , Redpath. Shoop. Tobin. Weber . Dougla s. Dummer Members absent : Mason (e ntered the meeting late ) Also present : Harold J . Stitt, Planning Administrator Dan Brotzman . City Attorney II. APPROVAL OF MINUTES. April 18. 1995 April 25 , 1995 Vice-Chair Redpath called for cons iderati on of the Minutes of April 18. 1995 . Tobin moved : Dummer seconded : The Minute s of April 18. 1995 be approved as wri11cn . AYES : NAYS : ABSTAIN : ABSENT : Horner. Redpath. Tobi n. Weber . Douglas. Dummer None Shoop. Garrett Ma so n The moti o n carried. Vice-Chair Redpath asked for consideration of th e Minutes of April 25. 1995 . Garrett moved : Tobin seconded : The Minutes of April 25. 1995 be approved as written . AYES : NAYS: ABSTAIN : ABSENT: Redpath . Shoo p . Tobin, Weber. Douglas. Garrell . Horner None Dumme r Ma so n • .. .. , I • 0 ---:------~--.---------------.,-~--------:---------.------ ( f-4 E-~ • £-'l • E -l ( -· • • • The motion carried . .. ' ' Mr. Mason entered the meetin g and Vice-Chair Redpath relinqui shed the Chair 10 Mr. Maso n . Mr . Mason extended apologies for hi s late arrival. Ill. CONDITIONAL USE Community Care Corp. 3527-3535 South Corona Street CASE #1-9:i Mr. Mason stated that the issue before the C ommis sion is co ntinuati o n of th e Public I k a r ing on the Conditional Use applicati o n fil ed by Community Care Corp . fo r p rope n y at 3527 -3535 South Corona Street. City Attorney Brotzman addressed the Commi ss ion . noting that at th e conc lu sion of 1hc: previ - ous meeting on this iss ue. he was asked by th e C ommi ss io n to re search th e p roposa l. Co m- mission members had expressed concern about the fi ve cond ominium unit s--wo uld 1hi s he con- sidered as five indi vi dual '"group home s'". o r a s one: !here wa s also concern o n 1h e numher of individuals proposed to be hou sed in each unit. Mr. Brotzman stated that hi s research finds that the treaunent proposed by Dr. Bruno will be for "handicaooed" children and ad ole scents . This finding me a ns that the proposed residential treatment center fa ll s within th e purvie w o f the 1988 Fair Hou s ing Amendment Act. and the protection the Act provides for handicapped individuals in terms of housing availability. The applicant will have to comply with other re~lations. but the Commission may not apply Conditional Use restrictions to the proposal . Mr . Brotzman recalled Dr. Bruno ·s te stimony regarding the patient s that will be treat ed al th e center , and referenced a letter from Susan Landerson Epstein. lega l coun se l fo r Communi1y Care Corporation. in which letter M s . Epstein enumerat es dia gnoses fo r patient s wh o will he: accepted for treatment . Mr . Brotzman advised the Commission to confirm the factual ba sis that Community Care Corporation will be caring exclusively for handicapped individual s . Mr . Homer pointed out that a '"group home·· is not a use-by-right in the R-2 Di s1ri ct , and asked if Mr . Brotzman's findings mean the City ha s no jurisdiction on control of locati on of "group homes ". Mr. Brotzman stated that this is correct . Mr. Brotzman discu ssed th e li cens in g procedures that Dr. Bruno will have to go th ro ugh . which procedures will address a number of the issues that were rai sed by th e Commi ss ion . such as the five condominium unit s and the number of indi vi du als a ss igned to each .. ho me ... Mr . Brotzman reiterated that the Commission must confirm that Dr. Bruno will treat handi- capped individuals exclusively . Mr . Horner asked if the re st ricti o ns o n the number of individuals allowed per ·· unit"" would still pertain . Mr. Brotzman re sponded affirmatively. and it is the respons ibility of Code En - forcement to assure compliance . Mr. Brotzman stated that the determination is that the com- plex is "five houses with four people '". and not one unit. Mr . Redpath and Mr. Horner as ked 2 • '· . · . . ' . I • 0 . ]- ( • • ( • ,,-. • .. • - .. for clarification that this proposal is for "five separate group homes ": Mr. Brotzman re- sponded affirmatively : it is five separate homes. Mr. Mason suggested the Conunission needs to proceed with the determination that the tre at - ment is exclusively for "handicapped. -Ms. Tobin stated that she wanted to hear this stated by Dr. Bruno . Tobin moved : Redpath seconded: The Public Hearing be declared open to verbal testimony from applicant and audience. E -10 Mr. Horner asked for clarification of '"handicapped ... and what is meant by ""s taff"". Di sc us- sion ensued . Mr. Horner suggested that rather than having the hearing reopened for ge neral '!Stimony at this time. he would ask staff to confirm the definition of ··handicapped"". In te s- mony Dr. Bruno previously cited a full-scale IQ of 75 or mo re : Ms . Epstein's letter says an £ -11 1Q of 70 . The issue of "live-in staff" versus .. shift-stafr needs to be resolved . Even if Community Care Corporation uses three shifts for staff. why wouldn 't thi s staff perso n he counted as a ~resident ... Mr. Horner reque sted that the City staff c larify the iss ue of"" live -in .. versus .. shift stafr , and whether this individual would be counted as one o f the allowed re si- dents per unit. Mr. Mason recalled that Dr . Brun o te tified that there would be three staff shifts. Mr. Garrett commented that three shift -employees would equal one .. FTE"". and should be taken into account. Discussion ensued . Ms. Tobin withdrew her moti on . Mr . Redpath approved withdrawal of the motion. £-\ 2. Further discussion ensued . Mr. Brotzman agreed to make copies of his memorandum to the Commission available to members of the public. • Tobin moved: Horner secondec' The Planning Commission has been advised. and finds that rule s of the 1988 Fair Housing Amendment Act apply 10 ~ propose d re ~idenri ~I treatment center tor children and adole.sce nt s. under the mana ge ment o f Community Care Corporation at 3527-3535 South Corona Street. and is not within the jurisdiction of the Planning Commission . AYES: NAYS : ABSTAIN: ABSENT : Tobin, Weber. Douglas, Dummer, Garrett , Horner. Shoop , Ma so n None Redpath None The motion carried. The members of the Commission asked City Attorney Brotzman to address the member s of the audience regarding the Fair Housing Amendment Act and its application to the case at iss ue . 3 . I I • 0 32X - ( • • • -~---.. " _. • j •• :v "''"'. .. .. • -.. ... A short recess of the Commi ss ion was declared during Mr. Brotzman·s di scu ss ion with the audience . The meeting reconvened . all members present . Garrett moved : Tobin seconded : The Public Hearing on Case #1-95 be closed. AYES: NAYS: Weber, Douglas. Dummer. Garrett. Horner. Redpath , Sh o op. Tobin . Ma so n None ABSTAIN : None ABSENT : None The motion carried . IV. FINDINGS OF FACT South Denver Medical Plaza PD Pawn Shop Amendment King Soopers /Trolley Square PD Ca se #2-95 Case #1 3-94 Case #3-95 Chairman Mason stated that the Findings of Fact for Cases #2 -95. #13-94. and #3 -95 we re to be considered for approval. Mr. Redpath asked about the written parking agreement between the So uth Den ver Medi cal Plaza and the Archdiocese of Denver on Case #2-95 . Mr. Stitt stated that he ha s a ca ll in to the architect to determine the status of thi s Agreement . Mr. Stitt further stated that the Eng i- neering Company has been in touch with the City Utilitie s Departme nt regarding th e C it y Ditch. Mr. Stitt stated that once these two issues have been re so lved. staff is re ad y to take th e recommendation to City Council for final consideration . Horner moved : Redpath seconded : The Findings of Fact on Case #2 -95 be approve d as written . AYES : NAYS: ABSTAIN : ABSENT : Douglas , Dummer , Horner, Redpath, Tobin , Weber , Maso n None Garrett, Shoop None The motion carried . Redpath moved: Horner seconded : The Findings of Fact on Case #13-94 be approved as written. AYES : NAYS: Dummer. Horner. Redpath. Tobin. Weber. Douglas, Mason None 4 ., ,. .. . .. 0 I • 0 • • • --• ' . •,' 1 ~ .. • •• ' C X 1-t t t~ IT F No two 12 ' grc up hom es . wnet e un ce· m e same or sponscrs:,1c sna il be located w 1tnin tlie same b loc k or e bloc s ac :acent t o tli e block 1n wn 1c :, th e crouo h ome i s Th is s :,a ll n·ct inc!uce group h omes or h a lf -,.;a y n ouses f or re 1eased f rom correc:1onal 1n s:1t ut1on s or f ac :11 .ies . Group homes must prov id e on e ofi -s:ree t par:<in g space for ,m be r oi th e s:a if on duty , and one space for eac:i f our (4) c li ents . rident Care Centers . Structures used as educat ional ,n s . re l igious 1ns:it utions or publ ic fac:lit 1es . e x1 s 11ng at the tli e enac:ment oi this Ordinance. ma y be c:,nvened f or use ndent care centers . (Ord . 8 Series 1993) rov1s1ons and Requirements . ructure or vehicle on t he same lot with the ;:rin c :pal dwelling used for res ident ia l purposes . (2) units must have at leas: one p a ny wa !I a nd a common se sha l l be perm1t:ed within t he D is:ric:. wh 1c :1 . by em itting an us or dangerous degree of h eat . g lare . o c cr. raaiation, or )r undue or excess iv e noise beyond an y bour.cary li ne of tr1e 1 wh ich t he use is located . wo uld become a nu i sa nce to othe r ~x ist i ng uses in the area. :fied petroleum gas i ns:allat1o ns s ha ll be pe•:-:imed only for pose of supplying f uel for approved h eat ing e i:u 1pment. Tanks ss of five hundred (500) ga llon s (wa t e r cacac :ty ) wil l not be ~d in this Zone Dis:rict . Liqueii ed petrol e um gas 1nsta ll a t1ons inf orm to current F i re Code req uirem e nts . R-2-C '.\IEDIC'.\1-DE'.'SITY RESIOE:s;CE DISTRICT : This District provides essent ia lly for a tr a n s it ion !rem s ;ng le-family ; of a higher intens ity of use suc h as hi g n-de!ls1ty mu lti-family 11 areas . T h e regulations f or this D1str1ct a re designed to protec: the essent ia l charac:e ri s:ics of the D i~;ri c:. to promote ;ie a su it a bl e e nvironment for f amily lii e anc to prohib it 1 genera l c om merc :al nature except cena 1n reg1s:ered home 1Vh1ch are controlled by spec ific li m 1t a t 1ons gcv erning the s:ze f suc:i nonres1dent1al act1v 11i es . To these e!lcs this D1smct i s .. 993 • '· . ., ', E XH IBIT t- I • 0 32 -- ( • • • .. ~ -• ' ; "c,I:' .. . , • -' /;'"X. 1-U B t T C~ Community Care Foundation 3531 Corona St. Englewood, CO 80110 Paul Schmitz 303-675-4728 Jason DeMeritt 303-675-4731 .. ' . Community Care Foundation, a licensed Residential Treatment Center, is abl e to pro,·1d C' treatment to emotionally disturbed and mentally ill clients aged 12 -21 ,·e ars o f <1 ge . \ lo ~t o t tlw youth accepted to the program are between 15 and 20 y ears old . Our the rape ut K tc•<1m h,1 , fP 11 nd that at the age of 15 our clients are more mature, responsibl e, and have m o re p o te nt1<1l t o r ~LH l l'" in our program. Our clients have the same issues and concerns other "n o rmal " teena ger ~ hut tl w1 also have individualized concerns regarding mental and / or e motional iss u es. O ur re h <1 hi! 1t ,1t11 " program is focused on helping transition kids from v e ry resl'ricte d settin gs b<1 c l-.. to th e mainsl'ream . With 30 full time staff members worl-..ing with a maximum o f 20 !-..id s, w e h ,n eo n,· o l the highest if not the highest staff to client ratio in the state. Each child admitted to our program goes through <1 rigorous e v<1luahon process. Am o n g o ur prP- admission requisites is that the child can not bed re giste re d se x offe nd e r, hd\'e fir e ~e ttin g tendencies historically or currently, or ha\'e d recent history of acting out vi o le ntl y . O ur res id e nt ~ range in age from 15 to 20 years old . While in re sid e n ce, many of our c li e nts ha ve been .ibl e t o get vocational !'raining and receive their G ED 's. \\'e e ve n have re sidents wh o ilre a cce pt e d to ,ind attend college while here. Through a tive ly dc hi e ving th e ir g o <1l s and being produc t11 •,, 111 o ur community, residents earn privileges that allow the m degrees of autonom y. O n e o f th e cornerstones of our program is dail y living skills !'raining so that our res id e nts can s uccess full y live with their families or start living on their own . W e hdve a very successful program th<1t draws adolescents from all over the state of Colorado. We are committe d to provid111 g th e hi g lw,t level of care to the y outh possible to help make them strong m e m hers o f <111 y rn m 111 un1t y. T o achieve these goals and to be successful we work towards three mdin co nce pts: tru~t , Silfc ty , ,ind building healthy re ldtionships. Mental illne s s is nothing to be afr<1id o f, 11 is t1 d1 s <1hil1h th<1t requires treahnent. Community Care is dedicate d to being a res ource for and w o rl-.111 g 1, 1th tlw youth, the police, <1nd the citizens of Englewood . ' ~ ., ' I • 0 - ( • ( C.Vw li~AL D ~-;-'1'l • Arson -A 16-year-old was arrested for allegedly set- ting a fire in his bedroom at a juvenile group home in the 3500 block of South Corona Street. Counselors at the Community Cares location reported a fire about 10 :30 a.m . Monday.drug the smol- dering mattress , bedding and clothes into the alley and put out the fire . The suspect told a witness because he was upset about the fact his father passed away about a month ·ago, he used a cigarette lighter to set the bed- ding and clothes on fire. Police · arrested the suspect and he was taken to the Foote Juvenile Detention Center in Arapahoe County. He could face charges of first-degree arson . .. • • • .. ' ... • .. ' .. . ' ., .. I • 0 32X .] ( • • ''!( . : .... • •• [X /-1/ B IT I .. ' ' ' '· . 1 6-4-S i --..:-= 0 . mus: a l s c c e :::rov 1ced :o sc :2 er; ac:acsrt pro oer-:-, 7nese e r c2s sna i l a l so oe s ;x ·ee, 16 '' in h e 1gnt excect :r.a1 w i. .:n :en !ee : 1 • o· o · the rear prooer-:y Ii e . ·he fe!1 ces can ct exc eec fcny ·t \'/C I c~es (42 ") 1n he1gnt or :Je less th an 'ifty perce nt 150°01 o :::e .. b . The per'<ing area mus: be oi narc surface tc pre vem the movement oi a i n and aeons f rom he par'<ing a rea onto the ;::i.;c l!c right oi way . c . ParK ing s.ops mus: be placec: 1n the oar((.1ng area to ::;rever;t damage to th e f e nce by v e h 1c :es . d . Prov1s 10 s must be made fo r :he collec::1on Oi trasn as o e C ity orcinance . e. T h e fina l design ci the parK 1ng are2 mus, be ac ::ro ec ::;-.· : e D1rec:or of Commu nity Deve l ccment o r the a cproo r ,a :e ce s1 re_ f . Ne s,orase oi veh1c!es is permined ana the l e: 1s :c ::;e .:s?- solely for the park ing of employees or c:;s.omers . g. No v e h1 c :es in excess of se•,en thousana (7 .000 ) o o r.c s - be parKed 1n the parking area . h . The minimum '1V1c:h oi :he par'<ing area sna !i ::e !1f:1 'ee-5 0 i. The Olrec:or oi Comm unity Deve lccment av :J e rv :r e use c, any lot as a parking area 1i th e ace e prov•s1or,s are not -e o conditions are unsafe. The D 1rec:or s ru l 1n<; may oe a co ea ,e a :o :he Board of Adjustment and Aopea ls . (Ora . .1 Series , 992 \ ---. Conditio nal Use : Provided the pub li c i nteres: 1s full , protec:ea and __ --.I the following uses are approved by the Comm1ss1on . exceot o r those t .XH It>/ I grouo homes wn1cn are rec;u 1red by State st a:ute . the following provis:ons appl y : (Ord . 8 Series , 993 ) , . Large chilc care home . Ac:::essor; a l ay ec;u1pment snell be located i n the rear y ara. (Ore!. 8 Series 1993 : ama. Ord. 6..1 Series 19S6 i 2 . Grouo cmes wn 1ch are l icensee by the State :Jnc wh i ch ,Jrov1ce twenty·· our (24 ) hour suoerv1s:on . 7S7 • .:... >' '• .. . ' . I • 0 32X ( ( • --• •. •• t -~· .. , . . ..... • •• .. ' cx1-11B11 ·::-s- i6·2-1 COMME:=:iCIAL VE:-i l CL::: COMMISSION : COMMON OWNE~SHIP: COMPATIBILITY : COMPREHENSiVE ZONING MAP : p • • •'• • ... -I ,. ... ., ,. •• -,._..,_.,_ ........ ;.;.:·~:::,:·,,:.:.:.·._ '•.i. ,·. CONCEALED LIGHT SOURCE : .ceM>mONAL USE: CONDOMINIUM: CONDOMINIUM ASSOC IATI ON : CONTIGUOUS : 797 An y ven1c:e Ces :gr:ec. mc 1n1 2 1r:ec _ -~;= pnman ly io r :he ,r cr.s::c r:2::on :r :·::::e -:·., The C ,ty P l anning c n a Z:J ning CciT, ~~,c --· the c;ty oi E:ig l ewooc . C0 loraao . Ownersn1p by one or more in c 1v1 c 1.;a 1s 1n a ,.·_1 form oi owne rsn 1c . oi tw o (2 \ ~ -;-:er: contiguous lots or pa rce l s oi a n c . The characre ri s:1cs oi a 1tt erer. ac:1v1t1es . uses o r :::ne c :s:r1c:s. tr.a: :er:T.1, them to be locat:c ne a r eacn other , -cr:-:c ,:1 and w 1·ho u t con ihc :. The Comorehe ns ,v e Z ::rning Ma:J gra :n 1ca 11 :, aes ignates the sce:::i ic loca11cn oi the se•1er2.1 zone c !ass1ficat1on d1s:nc:s. ana 1s ;:iar: c ' :l":e Comprenens ive Zoning Orainance. An aniti c ial light intended to illuminate :he face of a sign . whic h li gnt 1s sh ie l ded from ci.;::1i c view and irom ac jc 1nin g :Jrooemes . A us e perm itted rn a :;a mc:.;la r zone c i s:.i c: o r.,'! upon snowing hat suc:i use 1n a s ::e ::::i e :: loc:rno n . w ill como iy w it h 2 11 ccnc i11::ns ar.c s1andards for t he lccat 1o n or ooerat1or. oi S..;C:. use as spec :i i ec 1n thi s Ora inar.ce ar.c authonzed by the C,ty P lanning ano Z :;n1n g Comm i ssion . A building or grouo of bu li c i ngs. in wr.1c n un ;;s are owned inc ivicually . ana t he s:ruc:ure . common areas anc: i ac:lit 1es are own e c: ::i y all ci the owners on a proponiona l u nd iv 1c ea :as :s . The community assoc:a1 1on wh 1cn ac:-:1nis :e'S and maintains the comm on prop e:.y arc common elemen:s o i a conaom 1niu m . Next to . abut1 i n g . or touch 1r.g and hav in g a boundary . or ;::onio n th ereoi. wn1c:1 i s cotermin o us ' .. .. I ., • 0 3 xi - ( K-1 K-3 • • ( • .. • }-.. ·· ·.-- • • .. MEMORANDUM TO : FROM: DATE : REGARDING : Englewood Planning & Zoning Commission Members : Robert Mason Charles Redpath Billy Douglas, Jr. Darryl Dummer Doug Garrett Wesley Horner Roger Shoop 1 Helen Tobin / David Weber / I .. Dan Brotzman, City Attoiy / May l, 1995 ! 3527-3535 South Corona . Conditi onal u se. .. ... The 1988 Amendments to the Fair Housing Act address the issue of handicapped persons . These regulations have been applied to municipalities with regard to the issuance oi zoning approval. Once the Planning and Zoning Commission satisfies itself that Community Care Corporation 's program will be exclusively for handicapped individuals the issue of a conditional use is no longer appropriate. This is especially true here as the basis for this matter coming before Planning and Zoning was the group home status. Planning and Zoning's duty is to confirm the factual basis that Community Care Corporation will be caring exclusively for handicapped individuals. It may accept the testimony already given by Dr. Bruno and the supplemental letter from Susan Landerson Epstein setting forth the admission criteria for Community Care Corporation . It may a lso take further testimony in this regard. It will then be the City staffs responsibility to monitor the program to insure that it maintains an exempt status as to the Zoning Ordinance . The community may wish to pursue the licensure of the facility with the State. CC : Lee Merkel Harold Stitt / Susan Epstein Gilbert McNeish DB/nf • ', I • 0 32X ( • • ( [)(HtBITL • H .. ~ -· • lt :\1. ,. . . .. • • .. ... ' FACILITY SHALL BE CONSIDERED TO BE ABANDONED . THE USE MAY BE REINSTATED ONLY AFTER OBTA!).ITNG A NEW CONDITIONAL USE APPROVAL. AS AUTHORIZED BY 42 use 3604 ({)(9), NO GROUP LlvlNG FACILITY SHALL PROVIDE HOUSING TO ANY INDIVIDUAL WHOSE TE'.'JANCY WOULD CONSTITUTE A DIRECT THREAT TO THE HEALTH OR SAFETY OF OTHER INDIVIDUALS OR WHOSE TENANCY WOULD RESULT IN SUBSTANTL<\L PHYSICAL DANGER TO THE PROPERTY OF OTHERS . 16-4-23-+-3: REASONABLE ACCOMMODATION : THE FEDERAL FAIR HOUSING ACT. AS ,\,\{ENDED. REQLlRES THAT LOCAL GOVER:S.:.IE!\TS BE PREPARED TO MAKE "REASONABLE ACCOMMODATIONS .. l:s/ ORDER TO PERMIT HOUSING FOR CERTAIN PROTECTED GROUPS TO OCCCR IN r.F,R'l'ATN TYPF.S OF R.ESlDF.N'l'TAL A"R.F.AS . IN RESPONSE TO A WRITTE:-S APPLICATION IDENTIFYTNITTHE TI'FE OF HOT.;SING BEI:s/G PRO'vlDED AND THE PORTIONS OF THE FAIR HOUSING ACT THAT REQCIRE THAT REASONABLE ACCOMMODATIONS BE MADE FOR SUCH HOCSI.'.\iG . THE CITY MANAGER OR DESIG:-IBE IS ACTHORIZED TO TAKE A ... \/Y OF THE FOLLOWI:-JG ACTIO!\S IN ORDER TO PR0\1DE REASONABLE ACCOMMOD ,\ '!'IO:-SS WITHOT.;T THE :-.!EEO FOR A REZONI:-SG OR V . .\RU.:\'CE PROCESS : A. MODIFY ,\XY FACILITY SPACl.'.\iG . BUILDI.'.\iG SETBACK HEIGHT . LOT COVER..\GE. OR L.\NDS C . .\.Pl:-SG REQl.iIRE:VIENT BY :-JO :MORE TH...\..'i 10%: OR B. REDCCE A:s.·y Off. TREET P . .\RK1'.'JG REQUlREME.'.\iT BY NO MORE TH...\:-S ONE SPACE . C. THE CITY :VL.\~AGER OR DESIG'.\EE MAY APPROVE A TYPE OF REASO!liABLE ACCOl\I:\IODATIO.'.\i DIFFERE , iT FROM THAT REQl,ESTED BY THE . .\.PPLIC . .\..\/T IF HE /SHE CONCLCDES THAT A DIFFERENT FOR:\! OF ACC0:\1:VIODATION WOl.iLD SATISFY THE REQUIRE:vlENTS OF THE F . .\lR HOCSl:,,./G ACT WITH FEWER IMPACTS ON ADJACE:,,./T AREAS . THE DECISION OF THE CITY MANAGER OR DESIGNEE SHALL BE ACCOMPANIED BY WRITTEN FINDINGS OF FACT AS TO THE APPLICABILITY OF THE FAIR HOUSING ACT , THE NEED FOR REASONABLE ACCOMMODATIONS, AND THE AUTHORITY FOR ANY REASONABLE ACCOMMODATIONS APPROVED . REQUESTS FOR TYPES OF ACCOMMODATION TH...\T ARE NOT LISTED ABOVE MAY ONLY BE APPROVED THROUGH A ZONING VARIANCE OR REZONING PROCESS . Section 3. The Englewood City Council hereby amends Title 16. Chapter .t . Section 5 , amending Paragraph 0 , of the Englewood Municipal Code . 1985 , as foll ows: 16-.t-5-0. Conditional Use: Provided the public interest is fully protected and the following uses are approved by the Commission, except for those group hom es w h.ich are required by State statute, the following provisions apply : .9 . • --. -- " ' I • 0 ~.]- ( ( • • ( .. • .. • •• .. Subj : May 1, 1995 Memo conceming 527-3535 South Corona Street Date 10/11/1999 4 :22:56 PM Central Daylight Time From . KRAINDEER To . dbrotzman@c1 englewood co.us Mr Brotzman • .. ... ' .. Your memo states that Planning and Zoning's duty is to confirm the factual basis that Community care Corporation will be caring exdusiwly for handicapped indiloiduals . Could you please expand the defi111t1on handicapped indi1o1duals . small group li1o1ng facility and residential treatment facility for us. Does the proposed ordinance allow the abo~ defined facilities to be located in all residentially zoned districts? Does 'use by right' allow a small group liloing facility to become a res1dent1al treatment facility and to be located in all residential zoned districts? You atso state. "it will then be the City stall's responsibility to mOl'lltor the program to insure that 11 maintains an exempt status as to the Zoning Ordinance." Understanding that these fac1hhes are State licensed and as you ha~ stated ha~ exempt zoning status how would the City m0111tor them? Would a pennitted use in all the residential zoning sen,e to satisfy the requirements of the 1988 Fair Housing Act? Why has the term 'use by right' been chosen? You mentioned a supplemental letter from Susan Lande!son Epstein setting fonh the admiss ion critena for Community Care Corporation. We would like to request a copy of that letter What things should the community look for shOuld they wish to pursue the hcensure of the facility with the State? Thank you in ad\9nee for your assistance. The Citizens Concerned about group Liloing F ac1ht1es • .. .... . ,, . ' . ' . I • 0 32X . ]- • • • • •• .. EX.HIB(t N Good Manda, Mamng Mark - .. ' ' .. '· ( I don't tea Harold Stltt'a eofflllll lO I am 8lklng bdh of you to c:onsidlr my qiatiolll n ....-• soon • you cat ( • 1 notice aw& aw dwt far pamlttad UNe In l9lidlr1IIII zona chtricts (JIIUI 7), 1~1: ~ Uw,g Facilities, stlOWS a Small Group Liq Facaty • ~ 11'1 llowad • a ffllltar of rtgtt .... 111 R1A, R18 , R1C, R2. R2cl . R2CSPS, clatrlcta. f>'-dlllra fflllNr' of rtgtt. EaNnlillly wllll I wait to know dclN la 8 1111811 ~ lh,tng facllty AICP1ld to meet all Zaring and mmc1p11 coc1a l9QIMonl aw 111ne • o111s UNe 1n aw dstrlct? How would a trNlmlnt facility ba loclted in the abcM l9lldlntial zcnng? I la my undlratlnelng lllat aw Comrnurily cant Corp waa granted a ~ home u.. IRilr tha 1988 Federal F• Houling far aw twdcapped and ._. 8llllllecl far a atale llcenae to be a l9Sldlnllll tn1atmert cent•. is this CQl'l9Ct. Hal# dclN aw Camnu,ity Cent Foundlllian a lrto all of this? 1 need aw.....,. to my ~ • aoan • poasllla and I wait to tlw1k you again b' yow aasistan::e. 1lwlk you lo8IY much. • -.-... ----....,, "'· ,. .. . ' '• . .. I . 0 - • .. • .. • •• ORDINANCE NO ._ SERIES OF 1999 BY AUTHORITY A BILL FOR .. ,o~ COUNCIL BILL NO . 61 INTRODUCED BY COUNCIL MEMBER~~~~~~~ AN ORDINANCE OF THE CITY OF ENGLEWOOD , COLORADO , AMENDING ORDINANCE NO . 53, SERIES OF 1999, REGARDING PAVING DISTRICT NO . 38 , SPECIAL ASSESSMENT BONDS. WHEREAS , by Ordinance No. 53 , Series of 1999, passed on final reading and adopted on September 7, 1999 (the "Ordinance No. 53 "), the City Council of the City of Englewood , Colorado , provided for the issuance by the City of its Paving Di strict No . 38, Special Assessment Bonds, Series 1999, dated October 1, 1999, (the "SID Bonds''); and WHEREAS , Section 3(b), of Ordinance No . 53 , incorrectly stated that the SID Bonds mature on December 15 , 2009, when in fact all the SID Bonds are to mature six months earlier; and WHEREAS . it is necessary to amend Ordinance No . 53 , to correctly state the month in which the SID Bonda are to mature; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. Amendment of Section 3/b) of Ordinance No 53 . The first sentence of Section 3(b) of Ordinance No. 53, Series of 1999, is hereby amended to read as follows : "The Bonds shall all mature on June 15 , 2009." Section 2. Ratification of Ordinance No 53 All other provisions of Ordinance No. 53, Series of 1999, and actions taken in connection therewith are hereby ratified a nd approved. Section 3. Repealer All ordinances, or parts thereof, inconsistent or in conflict herewith are hereby repealed to the extent only of such inconsistency or conflict. Introduced, read in full, and passed on first reading on the 18th day of October, 1999 . -1- .. , . '· .. • I ' I • 0 32X . IJ - • .. ,. • , .. •• .. COUNCIL COMMUNICATION Date Agenda lt9m Subject October 18. 1999 Bill For An Ordinance To Amend 10 a i Ordinance 53 lnltlatad By I Staff Source Citv of Enalewood. Financial Services Deoartment Frank Gniolewicz . Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved a bill for an ordinance on final reading approving the issuance of Paving District 38 Bonds at a Council rNeling on September 20, 1999. Section J(b) of the ordinance incomictly stated that the bonds mature on December 15. 2009 when in fact the bonds mature on June 15 , 2009. RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance amending Ordinance 53 to correctly state the month in which the bonds are to mature. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED City Council approved an ordinance approving the issuance of the bonds at a Council !Neting on September 20 . 1999. No other alternatives were identified . FINANCIAL ... ACT None UST OF ATIACHMENTS Proposed bill for an ordinance • ., · . ... . .. I • 0 2X . ]- • • • .. • •• .. ... Published as a Bill for an Ordinance on the 22nd day of October, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A . Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, here by ce rtify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced , read in full , and passed on first reading on the 18th day of October. 1999. Loucrishia A. Ellis -2- • ' .. .. ··" . • I ) I • 0 32X • • -• ,. • .. • - /Dt I RESOLUTION NO. SERIES OF 1999 A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR THE P UR CHASE OF AN ADJUSTABLE FREQUENCY DRIVE AND MOTOR FOR A RAW SEWAGE PUMP FOR THE LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b ) OF THE HOME R ULE CHARTER AND SECTION 4-1-3 OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS , the Littleton/Englewood Wastewater Treatment Plant is adding one Raw Sewage Pump assembly at the Headwork's facility ; and WHEREAS, the entire assembly consists of an electric motor, pump, a nd Adiu stable Frequency Drive (AFD); and WHEREAS , this unit is required to maintain pumping capacity whe n the raw se wage wet wells are maintained and the pump 1s being purchased separate ly: and WHEREAS, identical AFD s were supplied as part of the Phase lb co n s truct10n project; and WHEREAS , this equipment was selected because it does not cr ea t e harmonic distortions in the electrical system ; and WHEREAS , by standardizing the AFDs operation and maintenance can be optimized ; and WHEREAS , the purchase cost of the Adjustable Frequency Drive and Motor will be s plit 50/50 with the City of Littleton; and WHEREAS , the City Council of the City of Englewood approved funding for the purchase of an Adjustable Frequency Drive and Motor for a raw sewage pump for the Littleton/Englewood Wastewater Treatment Plant as part of the 1999 Budget; and WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1 , Englewood Municipal Code 1985, allow contracts for public works or improvements to be ne gotiated, provided that contracts for wluch no competitive bid s have been requested have been approved by resolution which shall declare the rea so n for exception to the competitive bidding requirement; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , THAT : Sectjon l. The Littleton/Englewood Wastewater Treatment Plant is hereby authorized to negotiate a contract for purchase of an Adjustable Frequency Drive and Motor for a raw sewage pump for the Littleton/Englewood Wastewater Treatment Plant with Energy Management Corporations in the amount of $46,794 .00, in lieu of the competitive bid process as allowed by Section 116 (b) of the Englewood Home Rule Charter and Section 4-1- 3-1. Englewood Municipal Code 1985 . ' ' 0 I ., • 0 - • • • ' ., • • •• .. .. ... Section 2. The Director of the Littleton/Englewood Wastewater Treatment Plant is hereby authorized to enter into a contract for an Adjustable Frequency Drive and Motor for a raw sewage pump for the Littleton/Englewood Wastewater Treatment Plant with Energy Management Corporations ADOPTED AND APPROVED this 18th day of October, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado , hereby certify the above is a true copy of Resolution No.~ Series of 1999. Loucrishia A. Ellis • ' . \.. ''• ... 0 I • 0 • • • ... ~. '. • - COUNCIL COMMUNICATION Date Agenda Item October 18, 1999 10c i INITIATED BY STAFF SOURCE .. ... Subject Purchase of Adjustable Frequency Drive and Motor UE WWTP Supervisory Committee Stewart H . Fonda . Director of Uti lities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ... An adjustable frequency drive and motor for a raw sewage pump was approved by Council during the 1999 budget process and is contained as part of the 1999 budget. RECOMMENDED ACTION The proposed action is ID approve by Resolution the sole source purchase of one Adjustable Frequency Dnve and motor from Energy Management Corporation in the amount of $46,794 .00 . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Littleton/Englewood Wastewater Treatment Plant is adding one Raw Sewage Pump assembly at the Headworks facility . The entire assembly consists of an electric motor, pump, and Adjustable Frequency Drive (AFD). This unit is required to maintain pumping capacity when the raw sewage wet wells are maintained . The pump is being purchased separately. Council previously approved the pump purchase. Identical AFD's were supplied as part of the Phase lb construction project. This equipment was selected because it does not create harmonic distortions in the electrical system . Staff negotiated the purchase based on information gained from Phase 1b . By standardizing the AFD 's, operation and maintenance can be optimized . Sole Source purchase of an Adjustable Frequency Drive from Energy Management Corporations was requested to standardize the AFD's and provide continuity of the operation and maintenance of this equipment. FINANCIAL IMPACT The purchase is funded in the 1999 budget. The purchase cost of the Adjustable Frequency Drive will be split 50/50 with the City of Littleton as a capital expense . LIST OF ATTACHMENTS Energy Management Corporation Bid Memo of Recommendation Sole Source Purchase Memo ., I • 0 - • • • • • t• ~ .. '. .. • . , ' 1llunday, Augmt 19, 1999 '11111* you for die opportwliry to quote you on your mocor and motor coatrol needs. EMC is plmed to o&r you the foHowillg per your specific:aajoo . IF.a. 1 Ea. IF.a MDI ISOHP 4IOV Nena I enc:IMed VFD indudina at-ur, Nd S 15,640.00 IDI Venical IOlid abaft mator l 50HP 4'19TP Frame 1.0 SF dau F im!alMioa Ullble for 111e with the MDI VPD 1800 llPM. p.-die 'PK 700RPM ••11,lll.86 N« S 22,116.00 ,__ 400A Nnn-FnlWd mnmr di!ll'nllllft:t Nn1111 I Net S S67 .00 ..... mlllelms lllDtClr lad..-EMC would qp1t illltalliag a bn>ld bllld ---aulplll ..... T1lis would elimialle iay mator winding .... due to die loaa IIIOlOI' ..... Tllil ii DTCHHl y 0G leedl over too re.. 1 Ea . Broad Bad Harmonic Filter Net S 7,771.00 Deli.very to Weeks ARO Freipt Pre Paid .t Add -F.O.B Jobli&c. 11-*You ·----,_s,._-_.,.l,z , . ., ,. .. I . 0 ,.,_,, __ ·-"·-· .]- • ,. ~· "·''" . ·' -. LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2900S.-R~ClnWI Englewood. Coloraoo 90110 (303) 792.2900 F/1¥.782-2920 MEMORANDUM TO: Dennis W . Stowe, Plant Manager • • • ••• Cityof Littleton FROM: DATE: Joseph G . Payne, Maintenance Division Manager,/. ?/v--L-- October 4, 1999 ... .. '/ \. / Cityof Englewood SUBJECT: Technical Evaluation and Recommendation for Adjustable Frequenc y Dri ve and Motor. A request for a bid was sent to Energy Management Corporation for the purchase of an Adjustable Frequency Drive and motor. Darwin Barrie and Joseph Payne reviewed the bid package . The bids were responsive and technically acceptable. I recommend the purchase of Adjustable Frequency Drive and motor be awarded to Energy Management Corporation in the amount ofS46,794.00. JGP :cg .. ' ' . I· 0 - • • • • • . • r f,, ... .. ., • -.. ... " .. JUN 1 5 1999 City of Englewood MEMORANDUM TO: Gary Sears, Cit y Manager : ., D FROM: Joseph G . Pa yne , Maintenance Managerrtf ~ 1i~r-<- DATE: June 14 , 199 9 SUBJECT: Sole Source purchase of an Adjustable Frequency Dri ve . The Littleton/Englewood Wastewater Treatment Plant is addin g an addi ti onal Raw Sewage Pump system to the Headworks facility. The system consists of an electric m oto r pump and Adjustable Frequency Dri ve (AFD). Due to the specific requirements for AFDs at the LIE WWTP, we wish to request approval of a sole source purchase of the AF.D from Energy Management Co rporation of Denver, Colorado . Energy Management Corporation is supplyi ng AFD's as part of the Phase lb construction project fo r similar equipment. The AFD's were bid to strict specifications to eliminate harmful harmonic distortions in the electric power suppl y system that can cause premature failure of electrical transfom1ers . We are propo si ng the sole source the purchase of the AFD's fo r th e followi ng reasons : • The eq uipment was bid and supplied for the Phase lb proj ect. • The eq uipm ent does not create harmonic distortions in th e elec tric al system • Standardizing the AFD's will bring continuity to operation , maintenance and parts suppliers of this highly sophisticated equipment. • Mai nt enance costs and the chance for operational errors w ill be greatl y reduced wi th a sys tem that utilizes the same equipment. If yo u ha ve questions re gardin g this matter, please call me at X2616. Requ est approved : ., , DJB cg M 1RSPb1d sco pe .doc ' . ., I • 0 2X • .. • • • ' COUNCIL COMMUNICATION Data Agenda Item October 18, 1999 10cli INITIATED BY STAFF SOURCE .. ' Subject Purchase of Roofing System for Digester Complex UE WWTP Supervisory Committee Stewart H. Fonda. Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION No prior action by Council. RECOMMENDED ACTION The proposed action is lo approve by Motion the purchase of one roof for the digester complex from Douglass Roofing Company in the amount of $178,800. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The existing roof for the Digester Complex has been in service since January 1977 . Due to the age of the existing roofing, effectively sealing the process penetrations and multiple pinholes is not possible . Water leaking into the process area below has the potential to cause extensive damage to major equipment, including the Jenbacher generator controls . Temporary repairs have been made to protect the major electrical equipment located below. Bids were requested from three companies and two bids were received . Staff reviewed the bids and found them to be responsive and the price of $178,800 in accordance with previous estimates . FINANCIAL IMPACT The roof replacement was not in the 1999 budget, however funds are available. The cost of the digester complex roof replacement will be split 50/50 with the City of Littleton as a capital expense. LIST OF ATTACHMENTS Memo of Recommendation Bid Documents • ., ..: ', • • I I • 0 - • • --------·---------------------------~------ • .. • ' •• .. .. MEMORANDUM TO: Dennis W . Stowe, Plant Manager FROM: Joseph G. Payne, Maintenance Division Manager DATE: October 6, 1999 SUBJECT: Technical Evaluation and Recommendation for Digester Complex Roof Replacement. A request for bids was sent to three vendors for a replacement roof for the Digester complex . Bids were received from two vendors. Len Rosenberg ofTechniscan, Mike Cassidy and Joseph Payne re viewed the bid packages. Toe bids were responsive and technically acceptable. I recommend the purchase of the replacement roof be awarded to The Douglas Roofing Company in the amount of S 178,800. JGP :cg ,. . ., .. .. • I I • 0 32X • • • -------~-----------.. ·------------------------------ • • - SECTIO N 00310 THE CIT Y OF ENGLEW OOD LITTLETO /EN GLEWOOD WASTE WAT ER TRE ATMEN'T PLAN"T ROOFfr.lG SERVI CES BUILD IN G NU1vIBE R 3, ANAERO BIC DIGESTER BID REQUEST N0 .9-120 BIDDING SCHED UL E Bi d Form: Stipul ate d Swn ·. The Contrac tor hereb y certifies that the cost of all labor, equ ipm ent, ma teria ls, and permit fees necess ary for proper completion of the work shall be include d in th e prices fo r e:ic:1 bid item shown here in. Refer to the proj ect information documenta tion for sp ecific :n ions and des criptio n of project. Bidders must submit two (2 ) copies of the biddin g sche dule for evaluation purpo ses . SCOPE OF WORK 1. Roofing Services as defined in project information documentation . Lump sum cost S / "7(; OCD ~. Written Amount 2 Provide a breakdown by CSI divisions of the Lump Sum Cost in Item I abo ve. Mandatory breakdown attached. ~~ \.. t'.5'i.'-o""'""-' 3. Provide mandatory unit prices for the following items, include labor and materials: . .- $ A, b '20 per squ:ire foot ~ A. Demolition, Section 02070 B. Roof Deck Insulation, Section 07240 S "7: 2.oO per square foot ... ,::,. S 78 900 per square foot ':) ~ S .3'-,SOO ~er square foot C. Built-up Modified Asphalt Roofmg, Section 07514 D. SPF Roofing, Section 07545 S 4'0,7-80 per square foot ' E. Sheet Metal Roofmg and Trim, Section 07620 -F. Joint Sealers, Section 0+900 s 2000 per ~are foot 4. Performance and Payment Bond for 100% of Contract Amount. Cost of above Bonds S / % ~~, O tc! <.1.....i-Olc:, , " 4 , = 5. Mandatory Contractor Qualification Statement attatcbed --*=------- 6. Proposed days to complete <38 Earliest Possible Start Date 2D wo"'~ .. e,.0-,.1s AL . F..,.,.........,..,,.c.,1T"'l,.,M't'f"'lil i;..; The construction contract shall be awarded on the basis of the lowest total cost which result in a total cost within the Owner's . construction budget A notice to proceed will be issued to the successful B idder based o~ the Bid in accordance with Section 00 l 00, Instructions to B idders . • ... ) I· 0 • • ... " • .. • • .... •, SEC TI ON 00 300 THE CITY OF ENGLE WOOD LITTLETON/E NGLEWOOD WASTEWATER TREATMENT PL A.i"\J"T ROOF IN'G SERVI CES BUILDIN'G Nillv1BER 3, Ai'JAEROBIC DIGES TER Date: __ 7.!.,_-_2=.L...:.i_1 __ q:...I ..... 9 __ BID REQ UEST N0 .9-1 20 BID ,, The undersigned , as bidder, declares that we ha ve rece ived and examined the project infonnation documentation entitled, "The City of Englewood, Linle ton/Eng!ewood Wastewater Treatment PlantRoofing Services Building number 3, Anaerobic Digester Bid request no.9-120 " and will contract with the Owner, on the form of agreement (0 05 10) pro vi ded herewith , to do everything required for the fulfillment of the contract at the prices and on the terms and cond itions herein contained. · The undersigned bidder hereby proposes to furnish all labor, materia ls, tools , supplie s, equipment, transportation, services, and · other things necessary for the comple tion of the contractual work and pay all taxes and patent costs , and perform the work in accordance with the requ irements and intent of the contract documents within the time of complet ion set forth herein . The following shall form a part of this bid: Section 00100 00300 003 10 00410 006 10 00620 00 710 01010 01300 015 00 016 25 020 70 06 10 0 072 40 07514 07620 07900 None Title Instructions to Bidders Bid Bidding Schedule Bid Guaranty Bond Performance Bond Payment Bond General Information Summary of Work Submittals Construction Facilities and Temporary Controls Protection of Work and Property Roof Demolition Rough Carpentry Roof Insulation Built-up Modified Asphalt Roofing Sheet Metal Flashing and Trim Joint Sealers 5 Drawings marked Project #5783.1 Attached to Section 00410 is a bid guaranty bond duly completed by a guaranty company authorized to carry on business in the State of Colorado in the amount of at least 5 percent of the total amount of our bid or alternatively there is attached a certified or cashier's check or unconditional letter of credit payable to the Owner in the amount of at least 5 percent of the total amount of our bid. 00 3 00 -1 · .... .. •, ' ) I . 0 3 )( - ] • .. . : ~ .. • .. If this bid is accepted, the bidder agrees to sign the agreement without qualifications and to furnish the performJIJce and payment bonds and the required evidences of insurance within 10 calendar days after receiving written notice of the award of the contract. It is further agreed , that if this bid is accepted and a contract for performance of the work is entered into with the Owner, to so plan work and to prose::ute it with such diligence that the work shall be completed within the time stipulated . Title of Signatory ~o...J G-L..+<;.S Q,::,oF,,..,(._ Company Name (Please Print ) \. Contractor's License No. Address of Company Co"'""""'Lc..c.~ C'J 0 Telephone Number v. ,045 f Title of Witness ••END OF SECTION*• 00300-2 ' . .. . ~· ..: • < ... . ' ) 0 ; I . 0 • • .. ~ --• • -' City of Englewood Bid Tabulation Sheet Bid Opening Date: September 24, 199910:00 a .m. Bid Item: Re-Bid Roofing Services Vendor Cost Bid Bond CEI w..t Roofing Company N/R 1111 W..t 13th An. Dennr, Co. I020f Bacon & Schramm, Inc. $211,625.00 Yes 4020 Brlflhton Blvd. Dennr, Co. 80211 Dour,la• Roollnfl $176,000.00 Yes 7211 Ent 5fflt Place Com~ City, Co. IOOZZ NIR • No Response . I · f ,I \ Paget " ~ \ .. .. ' .. .. I .. 0 Exceptions : No Exceptions Listed Unit Costs Are Included Please note Warranties No Exceptions listed Un it Costs Are Included Please note Warranties " 0 ROOF .REBID .TAB 3 . ]- • .. • .. _ ... _ ... • '.. .. .. ' COUNOL COMMUNICATION Date Agenda Item Subject October 18, 1999 toe iii Electronic Document Management and Imaitin2 System INmATEDBY Department of Financial Services I STAFF SOURCE Frank Gryglewicz, Director of Financial Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has made Information Technology a priority for the City. Council has not previously acted on this matter. RECOMMENDED ACTION Staff seeks Council approval. by aMltion. for the award of the Electronic Document Management and Imaging System to Avacom, Inc. in the amount of $75,161 .00 as the lowest technically acceptable bidder. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED As part of an initiative to improve customer service, the City is looking to implement an Electronic Document Management system. This system will allow City staff to quickly and efficiently fulfill internal and external requests for information. The project was put out to bid . City Staff received a total of five responses to the RFP . It was determined that Avacom's bid was the lowest technically acceptable bid . FINANOAL IMPACT Funds for the project are available in the Capital Projects Fund (FYCP). ATTACHMENTS Bid Tabulation Sheet . . .,; . ' . .. I "· • 0 4 I 3 x I ~ - Vendor Data Connect Corporation Avaam IPS Compulink Lason --- --., • .. . :· ..... • •• ... 0 Product Total SW Total HW :Total Services I Total Cost L~ IMS Low Volume $49,122.00 $2167800 S 9,200 00 $ 80,000 00 IBMVisuallnfo $27,179.00 $21,582 .00 S 26 ,400 .00 1 $ 75,161 .00 PC DOCS $29,974.00 $27,698.00 IS 99,600 .00 S 157,272.00 Laa.Fiche -S 44,360.00 S 22,645 .00 $ 14 ,000 .00 $ 81 ,005 .00 ··0n1v bid document backfile conversion •• 0 32X ,~----------------------------.,-------------------- • • • • .. • -.. ... COUNCIL COMMUNICATION DATE : 10/18/99 AGENDA ITEM SUBJECT : Transit Bus Shelter 10 C iv Contract INITIATED BY : Department of STAFF SOURCE : Art Scibelli . Business Neighborhood and Business Development Development Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: This transit bus shelter contract represents the implementation of a transportation action item contained in the South Broadway Action Plan . RECOMMENDED ACTION: Staff recommends that Council approve the transit/bus shelter contract with Outdoor Promotions . BACKGROUND. ANALYSIS. AND ALTERNATIVES IDENTIFIED: This past spring a Request for Proposals (RFP) for transit bus shelters was coordinated with the Administrative Services Department for custom-designed transiUbus shelters. Two companies responded with proposals . The recommended contractor, Outdoor Promotions , has extensive experience with bus shelters and is proposing a higher quality product than the other company . The contractor who was not selected is an experienced bus bench advertising company but does not have experience with constructing and maintaining shelters . Outdoor Promotions was the unaimous selection of the City committee reviewing the proposals, because of their attention to detail, responsiveness to the design considerations in the RFP, and willingness to cooperate with staff to implement the South Broadway Action Plan goals . These structures (enclosed on three sides) would replace the existing bus benches located at RTD bus stops throughout the city . The transit bus shelters will be custom designed for the City of Englewood . They will be a federal green color. very similar to the forest green selected for the Englewood logo . The shelters incorporate the same ornamental ironwork used in other applications on South Broadway . • I . 0 • • • " • .. .. --. .... • • .. ... .. The seven-block Tufts to Mansfield demonstration area of South Broadway will be the initial installation area . There are eight bus stops in this section of South Broadway . The proposed contract is for an initial period of ten years . An option for a five-year renewal at the end of this initial term is incorporated within the contract. Under the terms of this contract, the company will replace all bus benches in the city, minimum of four per year for the initial eight years of the contract . The advertising of alcohol, tobacco products. and sexually explicit material are specifically prohibited within the contract. The City shall receive revenue from the contract on an annual basis. At full build-out (approximately 38 transit/bus shelters). the City will receive about $39,000 per year in advertising revenue . It is recommended that these funds be earmarked for South Broadway streetscape projects and South Broadway Action Plan items , i.e . banners, street furnishings, etc. FINANCIAL IMPACT: The financial impact on the City is positive . The proposed contractor -Outdoor Promotions -is responsible for the fabrication, installation , and maintenance of the transit/bus shelters and newspaper corrals. Outdoor Promotions will pay approximately $10,000 per shelter for fabrication and subsequently provide advertising revenue to the City on an annual basis. This represents leveraging of $380,000 in capital funding at no cost to the City for these new South Broadway amenities . LIST OF ATTACHMENTS: • Proposed contract • Request for Proposal Transit Bus Shelter with accompanying illustrations . G:IEVERYONE\LEIGH ANN\AGENOAIOCTOBER 18\CC TRANSIT BUS SHELTER REC .DOC ' .. • . ' I . .. 0 32X • • '. •' ,. • • •• AN AGREEMENT BY AND BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND OUTDOOR PROMOTIONS WEST, LLC FOR FURNISHING, INSTALUNG, AND MAINTAINING TRANSIT/BUS PASSENGER SHELTERS WITH BENCHES, ADVERTISING, AND OTHER IMPROVEMENTS , . 1.0 PARTIES. The parties to this Agreement dated this __ day of , 1999, are the City of Englewood, a Colorado municipal corporation, 3400 South Elati Street, Englewood, Colorado 80110 (hereinafter referred to as "Englewood") and Outdoor Promotions West, LLC, a Lamar Outdoor Media company and a Delaware limited liability company, 12301 North Grant Street, Suite 240, Thornton, Colorado 80241 (hereinafter referred to as "Contractor "). 2.0 RECITALS AND PURPOSE. 2.1 Englewood wishes to have transit/bus passenger shelters with benches and advertising (hereinafter the "Shelters") furnished, installed, and maintained for the passenger transit system within Englewood to generate revenue to support transit and provide for the comfort and convenience of its passengers, and in accordance with this, has solicited proposals through its "Request for Proposals for Transit Bus Shelters and Free Standing Kiosks, dated March, 1999 (hereinafter referred to as "RFP"), which is attached hereto as Exhibit "A" and incorporated herein by reference. 2.2 Contractor is in the business of furnishing, installing, and maintaining Shelters, and responded to the RFP with Proposal for: Transit Passenger Shelters with Advertising, dated April 6, 23, and 30, 1999 (hereinafter "Contractor's Proposal), which is attached hereto as Exhibit "B" and incorporated herein by reference. 2.3 Englewood has selected Contractor to furnish, install, and maintain the Shelters as more fully set forth herein . 3.0 SCOPE OF WORK. Contractor shall provide services, equipment, personnel, and management to ensure safe, clean, attractive Shelters with advertising to the satisfaction of Englewood. Contractor hereby agrees to install and maintain Shelters as identified in Contractor's Proposal and to perform all services in accordance with current applicable statutes, ordinances, and regulations, including Englewood zoning requirements and designations. All Shelter designs must be approved by Englewood before placement in the public right-of-way. Contractor shall also have the exclusive right to install or permit the installation of pay telephones at shelters approved by the • . ' I . 0 • • -. ... • ~· • 1"·, ... . . .. • -... City of Englewood. Englewood shall approve any proposed pay telephone locations . Contractor shall be responsible for undergrounding the pay telephone. Englewood will not specifically authorize the obstruction of the visibility of any advertising panels at any shelter. Further, Englewood shall not install or permit the installation of any pay phones, vending machines, advertising benches, or other competing advertising mediums at any Shelter site without the prior written consent of Contractor, which consent shall not be unreasonably withheld. Contractor shall also have the right of first refusal to install and maintain additional Shelters within the City of Englewood beyond those provided in Contractor's Proposal. 4.0 EXHIBITS. 4.1 The exhibits to this Agreement are: Exhibit A -Englewood's Request for Proposals for Transit Passenger Shelters, dated March, 1999 Exhibit B -Proposal for: Transit Passenger Shelters with Advertising, dated April 16, 23, and 30, 1999. 4.2 All exhibits referred to in this Agreement are, by reference, incorporated herein for all purposes . 4.3 If a discrepancy arises between the documents, this Agreement shall prevail. 5.0 SHELTER LOCATIONS. 5.1 Shelters are to be installed in accordance with the locations approved by the City Manager or his designee and RTD at designated locations with public right-of-way or RTD easements, to ensure locations are safe for bus patrons. At no time may the Shelter impede pedestrian, wheelchair, or vehicle travel. 5.2 Locations on property other than public right-of-way will require written authorization of the owner, and a copy of same shall be provided to Englewood and RTD before a Shelter is placed. All costs of private easements or leases shall be at Contractor's expense. 5.3 Alternate sites in addition to or in lieu of those indicated may be used if it is mutually agreed by both Englewood and Contractor. Contractor shall coordinate with Englewood and RTD to establish mutually acceptable locations. Shelters may only be moved with permission of the City Manager or his designee and RTD. 2 • ., • I· 0 - • • • • - ' 5.4 Contractor shall be responsible for siting a minimum of 10 transit bus shelters or kiosks during first 12 months from date of execution of contract and a minimum of 4 additional per year for years 2 through 8. 5.5 The cost of removing and/or relocating any existing RTD Shelter shall be the responsibility of Contractor with the prior approval of RTD. 6.0 TERM. The initial term of this Agreement shall be for ten {10) years commencing upon the date of execution by both parties hereto ("Effective Date"). This Agreement may be renewed for an additional five (5) year period. Said renewal shall be automatic, unless Englewood terminates this Agreement by giving Contractor, sixty (60) days written notice of such termination prior to the end of the then current term or renewal period. Neither party shall have the right to terminate this Agreement except as otherwise as provided herein. In the event of termination, Contractor shall be responsible for returning all sites to their original condition within one hundred eighty (180) days. 7.0 COMPENSATION. 7.1 Contractor shall pay Englewood 15% of the revenue collected from advertising, with a guaranteed minimum payment as outlined below: a. $750 per Shelter for the first contract year (12 months beginning on the Effective Date. b. $800 per Shelter for each of contract years two (2) through seven (7); and c. $900 per Shelter for each of contract years eight (8) through ten (10), and years eleven (11) through fifteen (15) if a five-year renewal is agreed to by both parties. Such guaranteed minimum amounts shall only accrue from and after the thirty-first (31st) day following Contractor's receipt of all necessary Englewood and RTD approvals and permits, and shall not be payable with respect to any prior period. 7 .2 The guaranteed minimum revenue payments shall be made to Englewood in one lump sum for each of years one (1) through three (3), four (4) through six (6), and seven (7) through ten (10). a. The guaranteed minimum revenue payment with respect to years one, two, and three shall be paid within thirty (30) days after Contractor's 3 • ' . ..: • I ) I· 0 . ]-=x:i •• • • .. ,,,-·· • ,. .. • • receipt of approvals and permits for the first group of Shelters to be approved by Englewood. b. The guaranteed minimum revenue payment for years four, five, and six and the payment for years seven, eight, nine, and ten shall be made within thirty (30) days after the commencement of contract years four (4) and seven (7), respectively. 7.3 The guaranteed minimum revenue payment shall not apply, or in the event that it has been paid, shall be promptly refunded by Englewood with respect to any Shelters: a. which are required by Englewood or RTD to have non-revenue generating advertisements; b. which are required by Englewood or RTD to be removed and not relocated; or c. for which permits have been revoked or for which construction is delayed beyond the thirty-one (31) day period following receipt of permits for reasons beyond the reasonable control of Contractor . 7.4 The guaranteed minimum revenue payments shall continue through the ten (10) year term of this Agreement and for one five-year renewal period. 7.5 At the end of each contract year, an audit will be performed verifying the amount of revenue collected from advertising on the Englewood Shelters , and 15% of any amount collected over the guaranteed minimum revenue payment shall be paid to Englewood at that time. 7.6 Contractor agrees to keep books and accounts in accordance with generally accepted business accounting methods, policies, and procedures. Contractor's books and accounts shall be open to Englewood's inspection and audit during regular business hours by appointment. Any audit performed by Englewood, except as provided in paragraph 7.2, shall be at the sole expense of Englewood. 7. 7 Contractor shall submit CPA-certified financial reports to Englewood annually, including a balance sheet, profit and loss statement, and other information as Englewood may reasonably require. The opening financial report shall be submitted within forty-five (45) days following the Effective Date. 4 • . . D I· 0 ] • • • --. • • - 7 .8 Contractor shall furnish Englewood with a statement of gross receipts of its operations each month from the Englewood operations . 7.9 Contractor shall fabricate transit/bus passenger shelters in accordance with "Transit Shelter and Element Specifications" outlined in the Request for Proposal Transit/Bus Passenger Shelter and Free Standing Kiosk, Bid 9-109, dated March 1999 incorporated hereto by reference . 7.10 Contractor shall conform to all other provisions of specifications relative to Bid 9-109, March 1999 incorporated herein by reference. 7.11 As the transit bus shelters proposed herein are deemed in the public interest, they are exempt from all provisions of the Sign Code of the City of Englewood. 7 .12 Contractor shall install bike racks and newspaper co rrals, at mutally agreed locations, as requested by City of Englewood at or near transit bus shelters . 8.0 MAINTENANCE SERVICES. 8.1 Contractor shall properly maintain the Shelters, plus the immed iate area. At a minimum, Contractor shall provide cleaning and maintenance services one time per week for each location and more often as reasonably required by Englewood or ordinances. Graffiti removal shall occur within forty-eight (48) hours of notification by Englewood . A proposed maintenance schedule listing specific cleaning and maintenance tasks shall be submitted to Englewood for approval upon execution of this Agreement . Contractor shall clean Shelters within twenty-four (24) hours when requested by Englewood in response to citizen complaints of field observation, and shall remove snow within twelve (12) hours after ending of each snowfall. A sign stating that RTD does not maintain Shelters, together with a phone number for citizen complaints, shall be placed at each Shelter. Trash shall be removed from shelter trash receptacles weekly, unless otherwise requested by the City of Englewood, at all So uth Broadway and Hampden Avenue locations. 8.2 Damaged Shelters shall be removed or satisfactorily repaired within seventy-two (72) hours of notification by Englewood. It is the Contractor's responsibility to keep Shelters in a safe condition at all times. 8.3 Contractor shall provide trash containers at each Shelter, including removal service as necessary to provide a clean and presentable environment, as determined by Englewood. 5 .. I· 0 • • • .. ,, -· • ... • - 8.4 Contractor shall maintain adequately trained personnel for maintenance work. 8.5 Contractor shall provide a schedule for the repainting of shelters over the proposed fifteen (15) year period at the outset of this contract period. 9.0 INSURANCE . The Contractor shall, at its own expense, keep in full force and effect during the term of this Agreement, and during the term of any extension or amendment of this Agreement, insurance reasonably sufficient to insure against the liability assumed by Contractor pursuant to the provisions of this Agreement. The City of Englewood shall be a named insured on any liability policy obtained by Contractor, pursuant to this paragraph . The parties hereto understand and agree that Englewood is relying on and does not waive or intend to waive by this Agreement, or any provision hereof, including the provisions of this paragraph, the monetary limitations or any other rights, immunities, and protections of the Colorado Governmental Immunity Act, C.R.S. §24-10-101, ~-, as from time to time amended, or otherwise available to Englewood. The type and amount of such insurance shall be that which is customarily obtained from similar projects by other professionals engaged in the same field and type of work as the Contractor and in accordance with generally accepted professional practices. The Contractor shall not be relieved of any liability assumed pursuant to the foregoing paragraph by reason of his failure to secure insurance as required by this Agreement or by reasons of his failure to secure insurance in sufficient amounts, sufficient durations, or sufficient types to cover such liability . 10 .0 ADVERTISING CONTENT. Contractor shall adhere to restrictions regarding advertising content indicated in Request for Proposal Bid 9-109, March 1999, Page 6, item F.1-3. The following restrictions and regulations apply to advertising content. Advertising shall not be displayed that: a. Is false, misleading or deceptive. b. Relates to or promotes an illegal activity. c. Depicts or promotes violence and/or anti-social behavior. d. Holds up individuals or groups of people to public ridicule, derision or embarrassment. e. Includes language which is obscene, vulgar, or profane. f . Does not directly compete with immediately adjacent businesses on the Corridor. g. Does not promote alcohol or tobacco. h. Does not publicly display nudity. All dated advertising copy shall be removed promptly after the date cited in the advertisement has passed. Such advertising copy shall be checked on a monthly basis 6 • .. ) I· 0 - • • .. .,-·. • • -.. to be certain dated material is removed promptly. Old advertising must be completely removed before new material is applied. The City Manager, or a designee thereof, shall review and approve all advertising content in both its draft and final form . 11.0 PERMIT FEES. Contractor shall be obligated to obtain all necessary City of Englewood licenses and permits. 12.0 ASSIGNMENT. This Agreement shall not be assigned by Contractor without the prior written consent of Englewood, which consent shall not be unreasonably withheld, conditioned, or delayed; provided, however, that Englewood's consent shall not be required with respect to any assignment by Contractor to any person or entity which controls, is controlled by, or in common control with Contractor or which merges with or into Contractor or acquires substantially all of the assets of Contractor. 13.0 NOTICES. Any notice required or permitted by this Agreement shall be in writing and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth on the signature page below, or at such other address as has been previously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States mail. 14.0 DELAYS. Any delays in or failure of performance by any party of his or its obligations under this Agreement shall be excused if such delays or failure are a result of acts of God, fires, floods, strikes, labor disputes, accidents, regulations, or order of civil or military authorities, shortages of labor or materials, or other causes, similar or dissimilar, which are beyond the control of such party. 15.0 PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. 16.0 ADDmONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. 17 .0 INTEGRATION AND AMENDMENT. This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision of this Agreement is held invalid or unenforceable, no other provision shall be affected by such holding, and all of the remaining provisions of this Agreement shall continue in full force and effect. 7 ., ) I . 0 • • -. .. • ,,-. • , .. • -.. ... 18.0 DEFAULT. Time is of the essence. If any payment or any other condition, obligation, or duty is not timely made, tendered or performed by either party, and if such default continues for a period of thirty days after receipt by the defaulting party of written notification thereof, then this Agreement, at the option of the party who is not in default, may be terminated by the non-defaulting party, in which case, the non- defaulting party may recover such damages as may be proper. If the non-defaulting party elects to treat this Agreement as being in full force and effect, the non-defaulting party shall have the right to an action for specific performance or damage or both. Notwithstanding the foregoing, in the event of a non-monetary default which cannot be reasonably cured within the foregoing thirty-day period, this Agreement shall not be terminated so long as the defaulting party is diligently proceeding to cure such default. 19.0 WAIVER OF BREACH. A waiver by any party to this Agreement of the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. 20.0 ATTORNEY'S FEES. If any party breaches this Agreement, the breaching party shall pay all of the prevailing party's reasonable attorneys' fees and costs in enforcing this Agreement. 21.0 GOVERNING LAW AND VENUE. This Agreement shall be governed by the laws of the State of Colorado. Venue for any action arising under this Agreement or for the enforcement of this Agreement shall be in the appropriate court for Arapahoe County, Colorado. 22.0 BINDING EFFECT . This Agreement shall inure to the benefit of, and be binding upon, the parties, their respective legal representatives, successors, heirs, and assigns; provided, however, that nothing in this paragraph shall be construed to permit the assignment of this Agreement except as otherwise expressly authorized herein . 23.0 INDEMNIFICATION. Contractor expressly agrees to indemnify and hold harmless Englewood or any of its officers or employees from any and all claims, damages, liability, or court awards, including costs and attorneys' fees that are or may be awarded as a result of any loss, injury, or damage sustained or claimed to have been sustained by anyone, including, but not limited to, any person, firm, partnership, or corporation, in connection with or arising out of any omission or act of commission by Contractor or any of its employees or agents in performing work pursuant to this Agreement, unless such claims, damages, liability, or awards are caused in whole or in party by the negligence or willful misconduct of Englewood or its agents, employees or contractors. In the event that any such suit or action is brought against Englewood, Englewood will give notice thereof to Contractor. 8 • ., -· ' I . 0 .] • • • ~ --• I• •,, .. • -... 24.0 WORKER'S COMPENSATION. Contractor shall, at its own expense, keep in full force and effect during the term of this Agreement Statutory Worker's Compensation insurance. 25.0 CONTRACTORS[SUBCONTRACTORS. Contractor may subcontract for project management, site preparation, installation, and maintenance of the Shelters and the name of such subcontractors will be provided to Englewood. However, Contractor shall not subcontract any other task it is to perform under the terms of this Agreement without the prior written consent of Englewood. Contractors[Subcontractors are required to obtain all City of Englewood licenses and permits. 26.0 INDEPENDENT CONTRACTOR. Contractor and Englewood hereby represent that Contractor is an independent contractor for all purposes hereunder. As such, Contractor is not covered by any worker's compensation insurance or any other insurance maintained by Englewood except as would apply to members of the general public. Contractor shall not create any indebtedness on behalf of Englewood. 27.0 NO THIRD PARTY BENEFICIARIES. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reserved to Englewood and Contractor and nothing contained in this Agreement shall give or allow any such claim or right of action by any other third party on such Agreement. It is the express intention of Englewood and Contractor that any person other than Englewood or Contractor receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 28.0 ALTERATION OF SERVICES. In the event that Englewood desires at any time to alter or change the nature or character of the services to be provided by Contractor hereunder and such alteration or change materially increases the costs and expenses to be incurred by Contractor or reduces the advertising revenue which can be generated by Contractor, such alterations or changes shall not be effective until Englewood and Contractor have mutually agreed to and executed an amendment to this Agreement, which amendment may include an adjustment to Englewood's fee under Section 7.0 above . 29.0 MUTUAL COOPERATION. The parties agree to act in good faith and in a commercially reasonable manner in connection with this Agreement. Whenever this Agreement provides for the consent or approval of Englewood, such consent or approval shall not be unreasonably withheld, conditioned, or delayed. 9 , ., ·, .. • I I . 0 - ATTEST: City Clerk • ATTEST: • • • • • - .. .. .. .. ' .. CITY OF ENGLEWOOD, A Colorado municipal corporation By: ------------ Thomas Burns, Mayor 3400 S. Elati Street Englewood, CO 80110 APPROVED AS TO FORM : By: ------------ City Attorney OUTDOOR PROMOTIONS WEST, LLC, a Delaware limited liability corporation By: Title:-------------- Address: 12301 North Grant Street, Suite 240 Thornton, Colorado 80241 10 ' . "· ' ..,.. "' • I .. ' I . 0 32X • • • ,. --. • , .. .,,. .. • - ' REQUEST FOR PROPOSALS TRANSIT/BUS PASSENGER SHELTER and FREESTANDING KIOSKS CITY OF ENGLEWOOD, COLORADO Bid 9-109 T is Request for Proposals is for transit bus shelters and freestanding kio sks along the South Broadway Corridor in the City of Englewood . These are important trans it- or iented design e lements for a revitalized South Broadway . They are design components that ass ist in un ifying the Corridor . They are be in g incorporated w ith in the Corridor as part of a comprehensive redevelopment program that w ill cha ng e the face of South Broadway . The in iti al focus (Phase I) will be in the Tufts to Mansfield sect ion of So th Broadway (South of 285). Specific locations (subject to exact siting based on locat ional ana ly sis) are prov ided . The opport unity exists for the successful contrac:or to present the program to the Eng lewood Downtown De ve lopm ent Aut hori ty bo ard of directors regarding additional trans it bus she lters' place ment in the down town area th at replace both RTD bus sta tion s and trad itional bus benches . Coorc inat1on w ith RTD by the contractor w ill be requir ed. (RTD has ind icated recept 1'l e. ess to hi s conc ept .) Use of public transportat ion is an important goa l fo r the C ity of E g lewood . Increased use of public transportat icn res ults in im provements in air q ality and tr effic cong est ion , end decreased re li ance on non-renewab le ene gy so ur ces . Tra sit us age can be increased through the provi s ion of tra nsit passenger shel'.ers wh ic h in c rease patron comfort and safety by pro viding a she ltered . we ll -li t. and well main te ined wa iting area . After examining several ways to provide a greater numbe r of well ma int air.ed and we ll-lit transit shelters , the City determined that the most cost effecti e means to ach ieve th is goal was to solic it the se r,ices of a pr ivate company that wo uld pro vide ettr ac tiv e , we ll- maintained transit passe ng er shelters in exc hange for th e ab il ity to se ll and d isp lay advertis in g at the trans it passenger she lters. This Request for Proposa ls (RFP ) has been deve loped to sec ure the serv ices of a firm to provide the follow in g on the So uth Broadway Corr idor : • Transit passenger she lter w ith advert isin g at designeted tra nsit stops • Freestanding advertising kiosks at designated transit stops where she lters may be inappropriate for the area or where space is limi ted This RFP may result in an annually renewable Agreement up to a max imum of ten years for the exclusive responsibil ity to place trans it she lters with ad vert ising wit r in the C ity of Englewood . Through this RFP and the resu ltin g Agreement , the City of Englewood seeks to increase transit patron comfort , con ven ience and ridership . Submittals received in response to this RFP w ill be rev iewed , evalua ted and ranked by the City of Englewood . Final se lection will be made by the C ity which reserves the right to accept or reject any proposal as it deems to be in the best interest of the City of Englewood . All proposers will be adv ised of the final se lect ion by the City . Thank you for showing interest in our project . ' ... ) I . 0 . ]- • • ... • .. .. ., . ............ •,i: ~ • ·1 .. • .. ... ., REQUEST FOR PROPOSALS TRANSIT PASSENGER SHELTER AND FREESTANDING KIOSKS CITY OF ENGLEWOOD, COLORADO I. Project Scope of Work II. RFP Submittal Deadline and Requ irements Ill. RFP Evaluation Criteria IV. Design Development Drawings .. . . ..: . ' .. . ' I· 0 2 • • .. ~ ,,,... .. • , .. ~ .. .. . .. • • ' ... ., REQUEST FOR PROPOSALS TRANSIT PASSENGER SHELTERS WITH ADVERTISING CITY OF ENGLEWOOD, COLORADO I. SCOPE OF WORK A. BASIC SERVICES The FIRM shall provide services , equipment, personnel and management sufficient to provide safe , clean. attractive trans it passenger shelters , freestand ing advertising kiosks with associated elements and generate revenue for the CITY . The FIRM hereby agrees to perform all services in accordance with current , applicable statutes , ordinances and regulat ion s , inc lu din g C ity zon ing and Department of Public Works requirements and des ign ations and s h all app ly for all requ ire d building permits . 8. GENERAL CONDITIONS 1. The FIRM shall prov ide the City wit h a curre nt monthly locat ion list ind icat in g what is being advert ised (ind icate brand names and type of product) at eac h s ite . 2 . The FIRM shall place tra nsit s helters with advert ising at C ity des igna ted trans it locat ions wit hin C it y-owned right-of-way . Locat ions on pr ivate ly owned property require written author izat ion of the owner and a copy of same s ha ll be prov ided to the City before a shelter is placed on private ly owned land . The FIRM shall be respons ible fo r obtain ing and ma inta ining any easeme nts located on private property and all re lated cos ts for obta in ing s uch easements . including land /site acq uisit ion . 3 . The FIRM shall ensure that locat ions for transit shelters with ad vertising are safe for trans it patrons and meet all federal requirements assoc iated w ith the Americans with Disab ili ties Act (AD A). At no time may the she lter impede pedestr ian, wheelchair , or vehicu la r travel. 4 . The FIRM shall relocate or remove , at its own expense , any she lter dee med unsuitab le or unsafe by the CITY. The same sha ll app ly where in secured easement for said shelters has been deemed unsuitable or unsafe . 5 . The FIRM shall obtain, at its own expense , any permits necessary for in stallat io n of transit passenger she lters . 6 . The FIRM shall adhere to the design development drawings intent as suppl ied by the CITY for the construction/installat ion of transit passenger shelters . The FIRM shall be required to submit shop drawings , color and 3 ~-...... ~ _ ____.._ - ' . :, I· 0 . ]- • • • • ,,- • t~ ! .. j • .. • ' material samp les to the CITY 'S representative for approval prior to commencing any fabrication activities . C. TRANSIT SHELTER & ELEMENT SPECIFICATIONS 1. T he FIRM sha ll , as part of their successful bid be required to supply , install , or · construct the transit shelters and appurtenances to be located in the City of Englewood along the South Broadway Corridor. The transit she lters shall contain elements as shown in design development drawings generally described as : a. DU Mor bench #120 (custom length 4 ·5·'). b. DU Mor trash receptac le #107 with pitch hole co ve r and weat he r resistant cap . c. (2) 42 " x To ·· ironwork panels . d. Shelter ornamental band ·ng and burn ished brass acce nt t iles e . Minimum one (1) foot by three (3 ) feet inter ior d isp lay for a bu s ma p and route schedule f . A CITY name and logo on both ends of the she lter as s, own in des ig n development drawings . g . The FIRM 'S name and service te lephone number disp layed in t e shelter . h. i. j. k . Tolar she lter installed per manufacturer's requ ireme nts . A loca ll y fabricated shelter can be provided as an alternate to the tolar , prov ided a comparable design is submitted and approved after shop drawing review . The locally fabricated she lter must be fabricated in accordance w ith des ign development drawings . Rear ad vertising panel ava ilable for CITY use . Trash receptac le is to be freestanding , bolted to an integral concrete pad or d irect set , per manufacturer's requ irements and must be capped . All other e lements are to be ident ical to the main body co lo r of the kiosk (federal green ). D. ADVERTISING KIOSK & ELEMENT SPECIFICATIONS 1. The FIRM sha ll, as part of their successful bid , be required to supp ly , insta ll, or construct . th e freestand ing kiosk and appurtenances to be loca:ed in the City of Englewood along the South Broadway Corridor. At least one freestanding kiosk and the required appurtenances (bench . trash receptac le , and pedestrian li ght; type , style and color designated per C ity spec ifi cat ions ) shall be pro vi ded exclus ive ly for community use to advert ise school. municipal . and civ ic/cultural events and act iv it ies . The freestand ing kiosk shall contain e lements as shown in des ign deve lopment drawings generally described as : 4 • , . ' . ... ) I . 0 .. • /'. • ,. • -... " ~ a . DU Mor bench #119 , standard 6' length . b . DU Mor trash receptacle #107 with p itch hole cover and we ather resistant cap . c. (2) 42 " x 7'6'' ironwork pane ls d . Kiosk with painted ornamental detai ls and burn ish ed brass C ity logo . e . Minimum one (1) fact by thre e (3) feet interior display for a bus map and route schedu le . f . A CITY name and logo on both ends of the she lt er as sh own in des ign development drawings . g . The FIRM 'S name and serv ice telephone number d ispl aye d in the shelter . h. Tolar Kiosk installed per manufacturer's req uirem ents . A locally fabr icated kiosk can be prov ided as an alterna te to the tolar , p rovi ded a comparable design is subm itted and appr oved after s hop drawing review . The locally fabr ica ted she lter mu st be fabr icated in ac ::crd a nce with design develop ment drawings . i. Rear ad verti sin g pane l ava il able for C ITY use . j . Trash receptac le is to be freestand in g . bo lt ed to an integral concrete pad or dir ect se t. per manu facturer 's re qu irement s and rr.u st be capped . k. The "co mmunity kio sk ·· shall have a Publ ic Serv ice designed pec:estr ian light insta ll ed direct ly ad j ace nt to 1t at th e FIRMS ex pense . I. The placement and locat ion of newspaper corr als shall be de te rmin ed by the CITY after se lect ion of the FIR M . Sa id co rr als s hall be located ad j ace nt to trans itlbus she lters QI may be in dicated in an a ltern ativ e locat ion if it is determ ined by the CITY that the y imp ede t he trans it passenger she lter . m. All elements are to be identical to the ma in boc:y cc lor of tr e k iosk (federal green ). n . Bo ll ards of a type and des ign to be spec ifi ed cy t e C ITY s ha ll be placed adjacent to trans it she lters as a pro,ect i e devic e w hen reques ted by the CITY . o . Pedestr ian light (type , style and co lor pro viced by CITY ) ad j acent to freestanding kiosks for pub li c use . E. ELEMENT LOCATION & QUANTITY 1. The implementation area for the transit she lters and kiosk groupings : Tentative Implementation Schedule -1999 • South Broadway south of 285 (Tufts to Mans fi eld; focus a nd other locations as indicated by CITY) --Transit shelter groupings (location to be determ ined by CITY ) --Freestanding kiosk groupings (siting to be determ in ed by CITY ) 5 ~ . ' I· 0 . ]~ ~ ,,,.-· • !°4, ., • -.. ... • EDDA Distr ict •• Trans it she lte r group ings to be s it ed as needed and requested after consu ltat ion and negoti at ion be twee n the FIRM , the C ity of Eng lewood , the Englewood Downtow n Deve lopment Director , and EDDA Board of Directors . • Gateway Dist ri ct (Mid-fa ll 1999) --Placement of pub li c use freestand ing kiosk , bench , t rash receptacle , and pedestr ian light. 2 . Before construct ion , the successful bidder shall be required to assess the South Broadway Corridor to determine and verify the feasib il ity of the placement locat ions for the trans it and kiosk groupings fo r re vi ew and approval by the CITY and the CITY 'S representa ti ve(s ). 3 . The she lt e r group in gs c ited above re present replacement of existi ng trans it stop s ites co nt a ining be nc hes . The successful bidder ma y be requ ire d to prov ide add it iona l group ings /un its . Year2 00 0 Add iti onal loca tion s w ith in CITY as iden t;fi ed by CITY and CITY'S repr esen t ativ e . F. ADVERTISING 1. Propose rs shall include in the ir response to the RFP any p roposed res t rictions and reg ul ations on t he met hod of so li c ita ti on and co nte nt of advertis ing whi ch t he FIRM shall ab ide by and fo llow during th e du rati on of the Agree ment. If proposed by the FIRM, the fo llowin g res tr icti ons a nd regulations wou ld be accept ab le to the CITY ; adve rti s ing co nt e nt th at: a . Is fa lse , mis lead ing or decept ive . b . Re lates to or promotes an ill egal acti v ity . c . Dep ict s or promotes v io lence and /or anti-social beha vi c r. d. Holds up ind ivi dua ls or groups of people to publ ic ridicul e . deris ion or embarrass ment. e . Inc ludes language w h ich is obsce ne , vulgar , or profane. f . Does not d irectly compete w ith immediately adjacent bus inesses on the Co rridor. g . Does not promote a lcohol or tobacco . h . Does not pub licly display nud ity . 2 . The FIRM sha ll ma inta in a trained professional sales staff to promote ad v ertising . The F IRM shall prov ide a monthly report to be su bmi tted with the CITY 'S pa ym ent , g iving an account ing of the month 's sales ac tivit ies . 6 ., ..: · . 0 I· 0 . ] ... • ,--· . • , ........ • -' ... 3 . All dated advertising copy shall be removed promptly after the date c it ed in the advertis in g has passed . Such advert isin g copy shall be checked on a monthly bas is to be certa in dated mater ial is removed promptly . Old advert ising must be complete ly removed before new mater ial is applied . G. ADVERTISING RATES AND CONTRACTS 1 . Proposers shall provide a proposal for pay in g compensation to the CITY . Compensat ion to the CITY must be based on a percentage of the revenue generated by the FIRM from selling and displaying advertising on tt·,e trans it passenger she lters . This proposal should identify how and when mon ies are to be subm itt ed to the CITY . 2. Estab lish and publ ish all advertising rates and keep an updated copy on file with the CITY at all times . H. MAINTENANCE REQUIREMENTS 1 . The FIRM s hall properly ma int ain the she lt ers plu s the imm ed iate area . T he firm shall a lso proper ly ma int ain all frees tand ing kiosk s . T he FIR M shall subm it a proposed ma int enance sched ul e list ing spec ific clean ing and maintenance tasks . T hi s sched ul e s hall be s ubm 1;ted to the CITY for approval upon execution of an Ag reeme nt. At a minimum , the FIRM s hall provide the fo llowing: a. Clean in g and ma intenance serv ices a mini m m of tw ice per week or more often as necessary : includ ing empty ing of trash receptacles . clean in g of shelter and kiosk surface are as , and sweeping of she lter and k iosk and immediate ly surround ing area . b. Trash removal. c. Graffi t i removal within 24 hours of rece iving a report . d. Clean and maintain the shelter with in twe nty-four (24) hours when requested by the CITY in response to c itizen compla int s or fie ld observation . e. FIRM shall prov ide CITY a current name and phone number of the appropr iate contact person regard in g ma intenance . If sa id maintenance contact person changes , FIRM shall notify CITY w ithin 48 hours. 2 . Damaged shelters shall be removed or sat isfactor ily repa ir ed within seve nty - two (72) hours of notification by the CITY . It is the FIRM 'S respons ib ility to keep shelters in safe and aesthetica ll y pleas ing cond iti on at all times . 3 . Ma intain adequately trained personnel for ma intenance work . 7 ' • J I· 0 • • -. .. • -· • ,. ·•' .. -· .. • ' '< • ' ... ~ I. ACCOUNTING RECORDS 1. FIRM agrees to keep books and accounts in a method and form as requ ir ed by the CITY. Sa id book s and acco un ts shall be open to inspect ion and aud it , at reasonable hou rs by appo intm ent during wor ki ng hours . by the City Fin ance De pa rtm er.t or its des ig nee . 2 . Furn ish the CITY with a sta te ment of gro ss rece ipts of its ope rat ions . with in the CITY , at the end of each mon th . 3 . FIRM sha ll subm it annu al fin a nc ial reports to include a ba lance sheet. profit and loss state me nt. and s uch ot er in formation as the CITY may reasonably requ ir e . J. SATISFACTORY PERFORMANCE PROVISIONS 1. Fu rn is' a il necessa"'_ labor . toc ls . equipm ent and s upp lies •o pe rform the req uired serv ice T :-:e CITY a nd /or it s des ignee from the So th Broadwa y Des ign Tea m shall dec ide a ll qu es t ion s and acce ptab il ity cf a ny work perfcrmed under tre Agreement. If th e FIR M'S performance or Agreeme nt comp liance becomes un sa t isfac :cry , th e FIRM sha ll be not ifi ed . 2 . FIR M sha ll have tJ-ree (3) wo rk ing da ys from the time of not ificat ion of unsa tisfac tory perfc rm a nce to correct any spec ifi c in st ance s of un sa tisfac tory perfor mance . In th e eve nt the uns at isfactory performance is not cor rected w ithin th e t im e spec ifi ed above , th e CITY s hall have the immed iat e right to comp lete th e work :o i's sat isfact io n and sha ll sub mit an invoi ce fer the cost to FIRM . Sa id invoic e shall be pa yable by FIRM w ith in th irty (30 ) ca le ndar days of its iss ua nc e. A ll correct iv e work performed by the CITY w ill t:e in voiced as follows : a . A st and ard hou rly rate . plus the cos t of materia ls , p lu s a handling charge equal to ten perce nt ( 10%) of th e cost of materia ls . b . The standard hou rly rate of S36 .00 per hour is an avera£e serv ice rate subject to re vi ew annuall y . K. INSURANCE AND INDEMNIFICATION 1. FIRM ag rees to ca rry all in sura nce wh ich may be requ ir ed by Federal a nd State laws . Cou nty a nd Cit y ord inances , regulations and codes . FIRM agrees to indemn ify and ho ld harml ess th e C ity of Eng lewood , its officers , agents and emp loyees . a ny juri sdi ctio n or age ncy issu in g perm its for any work included in th e project , the ir officers , age nts and employees . from all s uit s , inc lud in g atto rney's fees an d cost of litiga t icn , ac ti on , act ions , loss , damage , expense , cos t or cla ims . of any characte r or any natu re ar ising out of work done in fulfillment of the ter ms of an exe cuted Agreement , or on acco un t of any act , 8 ' . ' I . 0 . ] • • • .. ~ ,,--· • , . . . ' 4 ·~ • -' .... claim or amount ar ising or recovered under Wo rkm en's Compe nsat ion La w. or arising ou t of the failure if FIRM or those act ing under FIRM to conform to any statutes . ordinances , regulations . law or court dec ree . It is the intent of the parties to an executed Agreement that the CITY shall , in all insta nces , except for loss or damage result ing from the so le negli gence of the CITY , be indemnified against all liabil ity, loss or damage of any nature whatever for or on accou nt of any injuries or death of perso n or dam ages to or destruct ion of property belonging to any person ar ising out of or in any wa y connected wit h the performance of an executed Agreement. rega rdl ess of whe ther or not the liability, loss or damage caused by. or alleged to be caused in part by negligence . gross negligence or fault of the CITY . It is agreed that FIRM w ill be respons ib le for primary loss invest iga ti on , de fense a nd judgment c osts where this con t ract of indemn ity appl ies. 2 . In connection with the above Insurance and Inde mn ifi ca t ion , FIRM agre es to provide and maint ain dur ing the life of an exec ut ed Agr ee ment, th e fo llo w in g types of ins ura nce in amou nt s li sted : a . Insura nce Lim its: The Con trac tor shall car ry thro ug hou t th e life of th e contr act th e in sur ance listed be low : U nde r Se ction B Pub li c Liability Prope rty Da mage Under Section C Pub li c Liab ili ty Pr ope rt y Damage Min im u m L imit s S1 ,000,000 S1 ,000 ,000 Minimum L imits S1,00 0 ,000 5 1,000.000 b . Publ ic Liabili tv and P rooerty Damaoe Ins u ra nc e: The Con tractor shall mainta in dur in g the life of t h is contr act . Public Liability and Property Da mage Insurance acce pt abl e to t he CITY cover ing the work contracted and all operations in con ne cti on herewith , and whene ver any of the work covered in the Contract is to be sublet. Contractor's Contingent or Protective Liab ilit y and Property Damage Insurance. Such insurance shall provide lim it s not less than those ca lled for in these Special Prov isions . c . Automot ive Liabil ity and Property Oamaae Insu rance : Whenever the work covered by the Contract shall involve the use of automot ive equipment , the Contractor shall in vol ve t he use of autom otive 9 ' ' . . ' ) I . 0 • • -. ,. • .. • - ... •, equipment . the Contractor shall maintain during the life of the contract , Automotive Public Liability and Property Damage Insurance . This insurance shall provide limits not less than those called for in these Special Provis ions to protect the Contractor from any and all claims aris ing from the use of the following in the execution of the work included in the contract: i. Contractor's own automobile and trucks . ii . Hired automobiles and trucks . iii. Automobiles and trucks not owned by the Contractor . Such insurance shall cover the use of automob iles and trucks both on and off the site of the project . d. Workers Comoensat ion : The Contractor and his sub-contrac•o rs sha ll comp ly with the W orkers Compensation Act of Colo rado and shall prov ide compe nsa ti on insurance to protect the C ity from and aga in st any and all Workers Compe nsa ti on claims aris ing from perfor mance of the wor k under the co ntract. vVor kers Comp&nsat ion Insurance to cover ob li ga ti ons imposed by applicab le laws for any employee engaged in the perfo rma nce of work under th is co ntract. and Employer's Liability insurance w ith min imum li mits of FIVE HUNDRED THOUSAND DOLLARS ($500 ,000 ) each acc ident. FIVE HUNDRED THOUSAND DOLLARS ($500 ,000 ) disease -pol icy lim it , and FIVE HUNDRED THOUSAND DOLLARS ($5 00 .000) disease -each emp loyee . e . Liability : The Contractor shall indemnify and save harm less the City aga inst any and all damages to property or injur ies to or death to any person or persons , including property and employees or age nts of th e C ity , and shall defend , indemnify and save harmless the City , and sha ll de fend , indemn ify and save harmless the City from any and all claims . demands . su its , actions , or proceedings of any k ind , or nature . inc lud in g Work men's Compensation claims , of or by any whomsoever, in any way result ing from or arising out of the operat ion in connection herewith . inc lud ing operations of subcontractors and acts or omissions of employees or agents of the Contractor or his subcontractors. Insurance coverage sp&c ified herein an in the Special Conditions const itutes the minimum requirements and sa id requirements shall in no way lessen or limit the liability of the Contractor ender the terms of the Contract. The Contractor sha ll procure and ma intain , at his own cost and expense , any addit ional kinds and amounts of insurance that , in his own judgment . may be necessary for h is proper protection in the prosecution of the work . 10 ' . .. ) I • 0 - • • ... • ' .. .. ~t . . • • ... All Certificates of Insurance shall be provided to the City prior to the undertaking of any work and prior to a Purchase Order being issued . The completed Certificate of Insurance shall be sent to : Purchasing Division City of Englewood 2800 S . Platte River Dr. Englewood, CO 80110 11 ' ~ " ~· ..: ... < ~ <I I ' I· 0 32X • • -----...-------------------~·-.·------------------------------- ....., . ,, . _,, • • - REQUEST FOR PROPOSALS TRANSIT PASSENGER SHELTER AND FREESTANDING KIOSKS CITY OF ENGLEWOOD, COLORADO II. RFP SUBMITTAL DEADLINE AND REQUIREMENTS Proposals for trans it passenger she lters and fr ees tand ing k iosks shall be subm itted as follows: A. T it le: Proposal for Trans it Passenger She lt ers and Freest and in g Kiosks /, B . Number of Copies : 10 cop ies plu s t he or iginal Jl,r "1A'f _!_j ' C . Deadl in e : O n or befo re T ues day ,~ 1 %9 10 :00 a .m. Mo unt ain s •and ard Time Address to : C 1•y of Eng lewood ATI N : Be tty Goo sman 2 800 S . Platte Ri ve r Dr . E ng le wood , CO 80110 (303) 76 2-2 392 D . A ll term s and cond iti o ns contained in t he Propo sal sha ll re m a in ed fix ed and va li d for a pe ri od of ni ne ty (90) da y s aft e r th e closin g date . E . T he Proposa l s hall be signed by a pe rson , or pe rsons , lega lly aut hori zed to b ind th e fi rm . F . Al l firms shall co m ply w ith all c on d ition s, re qu ireme nts , and specifi cat io ns con t ained he re in , w it h any depa rt u res con stitutin g suffic ie nt cause for re j ect ion of t he proposa l. G . Proposer sha ll ag ree that in conne ct ion with th e exec ution of an Agree m e nt , pro pose r sha ll not d iscrim in ate aga inst an y employee or a ppli ca nt fo r employment because of race , re li g io n . col or , sex , or national origin . Propose r s hall take affi rma tiv e ac t ion to e ns ur e t hat appli cants are employed , and that emp loyees are trea ted during th e ir em ploym e nt , w ithout regard to the ir race , re li gion , co lor , sex , or national orig in. Such ac ti ons sha ll include , but not be limi ted to , the fo ll owing : em p loym ent , up g rading , demotion , or transfer ; rec ruitm ent or recru it ment adve rti s ing : layoff or te rm inat ion ; ra tes of pay or ot her fo rm s of compensa ti on ; and se lec tion fo r tr ainin g , including appre nt icesh ip . In conn ecti on w it h the perform ance of an Ag ree me nt , the proposer will cooperate w ith t he proj ect sponsor in mee tin g goa ls re garding ut ili zat ion of minority business enterprises and w ill use it s bes t eff ort s to insu re that m ino rit y bus in ess 12 ., ', • ) I· 0 • • • .. • --• t~,,: ., .. .. ... .. • .. .. -.. .. enterprises shall have the maximum practicable opportunity to compete for subcontract work under this contract. H. The City shall not be liable for any costs incurred by the proposer submitting a proposal or negotiating or executing an Agreement with the City . Bidders shall contact Art Scibelli , Business Development Coord inator, (303) 762-2318 on any technical questions. Bidders shall contact Betty Goosman , Buyer Ill , Purchasing Division , (303) 762-2392 on any questions relating to the Request for Proposal and minimum specifications . 13 '· ~ .. . ~ ' .., ... ) I . 0 - • • • • • PURCHASING DIVISION 2800 S. PLA TIE RIVER DRIVE ENGLEWOOD, COLORADO 80110 ... BID REQUEST NO . 9-109 DATE : March , 1999 REQUEST FOR BID The City of Englewood will rece iv e sea led proposals for supp lying "tra nsit bus s he lters and freestanding k iosks " as per spec ifications no later than 10:00 a.m. prevailing time . Tuesday, ~.Jt.;p: 1999 . Proposa ls will be rece iv ed at the office of th e Purc has in g Divi sion . 2800 outh~~latt e River Drive . Englewood , Co lor ado 80110 . Late proposals w ill not be accepted under any c ircu mstance . a nd any proposa l so rece ived sha ll be return ed to the propos ing fi rm u nop ened . In add ition , te legrap hic and /or proposal se nt by elec troni c de vises are not acce pt ab le and w ill be re j ected upon rece ipt. Propos ing firm s will be expected to allo w adeq uate time for de li very of the ir proposa ls either by a irfre ight , posta l se rvi ce . or other mear,s . The Cit y of Eng lewood is exempt from all federal . state . and local taxes . GENERAL CONDIT IONS Bidders are invited to . but not required to, attend the bid opening . B ids rece ived later than date and hour spec ifi ed will beret m ed uno pened . Pr ice will be firm for a pe riod of at least ninety (90 ) days from date of bid opening. Proposals will be quoted F.O 8 . Eng lewood . Colorado . Any except ion to the min imum spec ifi cat ions , general cond itions , and b id proposal sha ll be stated as an "except ion." Bidders are asked to mark envelope 'Transit Bus Shelters , City of Eng lewood" in lower left-hand corner. Bidders will be required to conform to the spec ificat ions . Deviations may deem the proposal unacceptable . If items called for by this request for b id have been identified by a brand name or "equal " description , such identification is intended to be descriptive . b ut not restrict ive . and is to indicate the quali ty and characteristics of products that w ill be sat isfactory . 14 .. ', I ) I . 0 • • .. ~ ,,.-. • .. ' ... ·~ • -' .... -. Bids offering "equal" products will be considered if such products are clearly identified and are determined equal by the department evaluating sa id products referenced in th e request. When provid in g a brand name or "equal" item , the bidder is requ ir ed to prov ide the brand name and part number of the it em proposed and any techn ica l data, brochures or other informa tio n ava il able for the item w ith their bid , so that the City can techn ica lly eva luate the bid . Should a bidder find discrepancies in or omission from the bid spec ifi cations/genera l condit ions or shall be in doubt as to th e ir meaning. he shall notify the Buyer , in wr it ing , for clarificat ion not less than ten (10) day s prior to the bid proposal date . The C ity will not be bound or respons ible for any exp lanat ions or in terpretations other than those giv en in writ ing as set forth in this request for bid . No oral interpretations shall be bind ing on the City . THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING THAT THE ITEMS BID ARE IN ACCORDANCE WITH THE REQUEST FOR BID WHEN THEY ARE BIDDING TO THE EXACT REQUIREMENTS OF OUR SPECIFICATIONS. THE BIDDER IS REQUIRED TO PROVIDE A STATEMENT WITH THEIR BID INDICATING THAT THE ITEMS BID WILL BE DELIVERED IN ACCORDANCE WITH THE REQUEST FOR BID. The Bidder s hall be required to have suffi cient property . li abili ty , and workers compensat ion in surance and to provide the City w ith cop ies oi the certificate of insurance . T he s uccessfu l Bidder will not d isc riminate aga inst a ny emp loy ee or app li cant for emp loy ment because of the race . co lor , rel igion , sex or nationa l or igin, and will comp ly with the Ame ricans with D isab iliti es Act. The s uccessful Bidc:er shall adhere to acceptable affirm at ive ac ti on guide lin es in selecting emp loyees and s hall ensure that employees are treated during employment , without regard to the ir race , color , rel igion , sex or national or ig in . Such action shall include , but not be lim ited to , the fo ll ow in g : employment , upgrading , demotion , or transfer , recru it ment or recru itment advertis i g ; layoff or term ination , rates of pay or other forms or compensation ; and select ion for training , includ ing apprenticeship . The City of Englewood shall have the right to reject any or all bids , and to waive any informalities or irregularit ies there in and request new proposa ls when requ ired. In addit ion , the City reserves the right to accept the proposal deemed most advantageo us to the best interest of the City. 15 • ., I· 0 - • • • .. -· • .. • ', .. •• .. The option of selecting a partial or complete bid shall be at the discretion of the City of Englewood . Any award made in response to this Request for Bid will be made to that responsible bidder whose offer technically will be most advantageous to the City --price, delivery , estimated cost of transportation, and other factors considered . The City of Englewood is an environmentally conscious City . Vendors supply i ng products made from recycled materials and environmentally sound packaging , will be given preference when all other evaluation criteria is deemed equal. The Bidder is required to provide the model number, any technical data , brochures or other information available for the equipment they are proposing with the ir bid in order that the City can technically evaluate the bid . CITY OF ENGLEWOOD Betty Goosman Buyer Ill 16 ,. . ., . '· ' .. I· 0 3 xi • • .. • ... • - REQUEST FOR PROPOSALS TRANSIT PASSENGER SHELTER AND FREESTANDING KIOSKS CITY OF ENGLEWOOD, COLORADO Ill. RFP EVALUATION CRITERIA ' .. A. The evaluation criter ia as set forth here in shall be applicable to all submitta ls . Proposals will be evaluated by an Evaluat ion Comm ittee utilizing criteria that includes : 1. Qualifications -the extent to which the FIRM cons istently has th e qualified personnel requ ir ed to perform the work as spec ifi ed by the CITY . 2. Staff experience and ava ilab ili ty to pe rfo rm the work a nd be respons iv e to project requirements . 3 . Profess ional compe te nce incl ud in g past performances th at demonstra es acceptable profess ional bus iness standards . Former and present loc al mun icipal c li ent references and recom menda tion s . 4. Qua lit y of the Prop osal and how well it demonst rate s an unc:e rstand ing of the work scope , the FIRM'S willi ngness and capab ili ty to perform th e work . comp leteness of response to questions . 5. The amount of revenue genera ted , methods of payment. de mon strat ion of adm ini strat ive costs to the CITY and th e qua li ty of the marke ting program and staff. 6. Ma intenance program proposed . 8 . Other factors that will influence the Evalu at ion Comm ittee eva lu atio n of the proposals may include : 1. Proposers apparent willing ness to work coop erat ive ly w ith the CITY in meet ing public transportation needs . 2 . The nature and appropriateness of proposed adve rti sing mater ials , including the graphics production recommended by the FIRM . 3 . The proposer 's past performance in the cleanliness and timely ma intenance of bus shelters /transit stops . 4 . The CITY reserves the right to reject any and all proposals and/or wa iv e technical defects if , in its judgment , it se rve s the best interest of the C ity . 17 . ' ) I· 0 - • • • .. - • .. , .. t\• · 4 ,. .. • .. •• .,, C . The CITY may interview the top ranked firms in order of the Evaluation Committee 's recommendations before making a final selection . 18 . . .,. , . ' . I· 0 • • .. • ·-~· .,._ ,. ~ • -.. SECTION IV Design Development Drawings See Illustrations which Follow • .. ... .... ) 19 .. . .. I . 0 32X 0 - I ,,~ ..A'CAJ.C, .. ,- ~ 1:p. I >'•~t,' "r~;c..-, I ~ l -' ' j J I I . I I . -----~ • • • ... "'. ,----.... 0 f' t"' -~ -I -........ 'E :-1 ' I' .,. - ... I ,,. - I I \ [~~ ~ ---@· -: .,., .. "-r.·,,·" '/' ~ ..... .J ;;.' ,, ~ :I, t • -' •I . I • • •. -~ -~-• '... ·-... !),/', ...,. ~ - """S-~ ·ly~~ -r--, f ;'U::w Iii r-,r--1r,r-1 1 · ..al 1 1 II I t 11 I 11 I ._ ____ '---J "--.. ._ __ • • E S \ s ~-;·,~-~ t'! -·--· .. ·-·. j =!~~ ---·_-_·-_·-___ _ • • • • • .. • ,. ..... . . • - ,,~i BY AU THORITY ORDINA~-- SERIES rlit99 CO UNC IL BILL NO . 63 INTROD UC ED BY ce;:;;--- MEMBER~ A BILL FOR AN ORDINANCE AMEJ\'DING THE CITY OF E NGLEWOOD COMPREHE NSIVE PLAN TO S U PPORT THE REGIONAL URBAN GROWTH BO U NDARY DES CRIBED IN THE METRO VISION 2020 PLAN . WHEREAS , the Engle wood City Council passe d the City of Englewoo d Comprehensive Plan in 1979; and WHEREAS, the Englewood Comprehens ive Plan provi de pollCles gu1 drng ac t io n affecting the Ci ty's physical de velopment: and WHEREAS , the City Council of the City of Engl ewoo d , Color a do pas ed a Resolution No . 48 , Series of 1999, supporting the Denver Re gio n a l ounctl of Government (DRCOG) metro Vision 2020 Plan including t he Ur ba n Gr owth Boundary and Open Space elements; and WHEREAS, in March of 1997 , the Board of Director s of the De n ve r Reg10 n a l Council of Governments (DRCOG) approved a strategic growth pl a n fo r t he stx-co unty metro-area entitled Metro Vision 2020 ; and WHEREAS , Metro Vision 2020 projects growth to the year 20 20 a nd is inte nd ed to guide metro-area development with voluntary , flex i bl e strategies, a we ll as incentives to adopt policies consistent with the region al vi s ion ; and WHEREAS , there is a financial incentive for supp orting Met ro Visio n 2020 with eligible applications for Transportation Improvement Progra m (TIP) fund s co mpe tin g for Federal funds from the Federal Highway Admini stration a nd the Fede r a l Trans it Administration and all the applications are evaluated by DRCOG: a nd WHEREAS, DRCOG scores transporta tion proj ects by assigning points to projec t s that meet various criteria with bonus points for applica tions fr om Citi es tha t declare their support for the policies guiding urban growth in Metro Vis ion 2020; and WHEREAS, City Council's passage of Resolution No . 48 , Se ries of 1999, earne d Englewood half of the possible bonus points; and WHEREAS, the approval of this proposed Ordinance amending the City of Englewood Comprehensive Plan and supporting Metro Vision 2020 would earn Englewood additional points thereby keeping our TIP projects competitive ; and WHEREAS, approval of this Ordinance indicates the City's s upport for the proposed Urban Growth Boundary (UGB) proposed in Metro Vision 2020, which sets a target limit of 700 square miles of land eligible for urban development through the year 2020 ; and • I • I • 0 . ]~ • • • T• • ..... .. • • •• .. .. ... •, WHEREAS, urban centers like the Englewood CityCe nter combine land use s in development patterns that encourage pedestrian activity , another benefit of compact development, and better transit service : and WHEREAS , the Englewood Planning and Zoning Co mmission held a public hearing on September 21 , 1999; and WHEREAS , The Englewood Planning and Zoning Co mmission of the City of Englewood has approved and recommended that the 19 79 Co mpre hensiv e Plan . Forward Section, should be amended to reflect the s upport of the Me tro Vis ion 20 20 Plan and submit the same to the City Council for approval; NOW . THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon 1. The City Council of the City of Englewood , Colora do he r e by a pproves and adopts the following as an amendment to "The 19 79 Comprehe n s ive Plan(Master Plan)." The 1979 Comprehensive Plan, the Forward Section, be a mended by a ddi n g thereto the following statement as number 8 , to the "Goa ls'': 8 . Support the regional strategic growth plan for the six-co unty Den ver metro area, Metro Vi sion 2020, including the Urban Growt h Boundary, which encourages infill development and discourages urbanization be yond a designated 700 square mile area . Introduced, read in full , and passed on first reading on the 18th day of October, 1999. Published as a Bill for an Ordinance on the 22nd day of October, 1999 . Thomas J . Burns , Ma yor 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 18th day of October. 1999 . Loucrishia A. Ellis -2- • .. ., . ' ~ I I • 0 - • • ..... • ---·~--~-------------·~--------------.. ,. • ' , .. • - COUNCIL COMMUNICATION DATE : October 18 , 1999 AGENDA ITEM SUBJECT : Comprehensive Plan Amendment . Urban Gro\\'th 11 a i Boundary INITIATED BY: Neighborhood and STAFF SOURCE: Business Development Mark Graham. Senior Planner PREVIOUS COUNCIL ACTION: At the April 19, 1999 Study Session, Council passed a reso lution supponing the Denver Regional Council of Government (DRCOG) Metro Vision 2020 Plan including the Urban Growth Boundary and Open Space elements . RECOMMENDED ACTION: Staff recommends that Council accept Planning and Zoning Commission finding s of fact and adopt an ordinance amending Englewood 's Comprehensive Plan by in se rting the proposed language , which supports the regional Urban Growth Boundary described in Metro Vision 2020 . BACKGROUND: In March of 1997 , the Board of Directors of the Den ver Regional Council of Governments (DRCOG) approved a strategic growth plan for the six-county metro-area . The Plan , entitled Metro Vision 2020 projects growth to the year 2020 and is intended to guide metro-area developm ent with voluntary , flexible strategies , as well as incenti ve s to adopt poli c ie s co nsis tent with th e regional visio n. There is a financial incentive for supponing Metro Vision 2020. Eligible applications for Transponation Improvement Program (TIP) fund s compete for federal funds from the Federal Highwa y Administration and the Federal Transit Administration. All applications are evaluated by DRCOG . DRCOG scores transponation projects by assigning points to projects that meet various criteria . DRCOG assigns bonus points for applications from Cities that declare their suppon for the policie s guiding urban growth in Metro Vision 2020 . Council passed a resolution supponing Metro Vision 2020 in April 1999 that earned Englewood half of the possible bonus points. Council's approval of the proposed Ordinance amending the Comprehensive Plan and supponing Metro Vision 2020 would earn Englewood additional points thereby keeping our TIP projects competitive . Englewood's 1999 TIP application includes new projects estimated at $1.4 million . POLICY: Approval of the Ordinance indicates City of Englewood suppon for the proposed Urban Growth Boundary (UGB ) proposed in MetroVision 2020, which sets a target limit of 700 square miles of land eligible for urban development through the year 2020. Urban Centers like Englewood • ,. 0 I • 0 - .. • -• .... /· .. .. . ' • ' .. -' CityCenter combine land uses in development patterns that encourage pedestrian activity . Another benefit of compact development better transit service . PROPOSED AMENDMENT Suppon the regional straregic growth plan/or the six·counry Denver metro.area, Metro Vision 2020, including the Urban Growth Boundary, which encourages infill development and discourages urbanizarion beyond a designared 700 square mile area . FINANCIAL IMPACT; Englewood receives substantial federal funding for roadway projects, like the design and construction funds for South Broadway from Highway 285 to Yale Avenue. Federal funds for that project are estimated at $3 millon. With Council suppon of a Comprehensive Plan Amendment endorsing Metro Vision 2020 and specifically the Urban Growth Boundary, Englewood's applications for federal transportation funding remain competitive . LIST OF ATIACHMENTS: Ordinance Planning and Zoning Findings of Fact StaffRepon F:\EVERYONE\leigh Ann\AGENDA\Oelcber 18\CC Comp Plan Amd UGB.doc ~ ,,. ., ,. \' "' .. .. • I I . • • .. ~ ,,,-- • ·~., . .. . ~ • -.. CITY OF ENGLEWOOD PLAJ.~G Al~ zor,,."ING COMMISSION IN THE MA TIER OF CASE #CP-99-02 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO AMENDMENT OF THE 1979 COl.'tlPRE-) BENSIVE PLAN BY ADOPTING THE ) URBAN GROWTH BOUNDARY PLAN OF -) METRO VISION 2020 ) INITIATED BY: Neighborhood & Business Development 3400 South Elati Street Eflllewood, CO 80110 ) ) ) ) ) ) FIND~GS OF FACT A;"'ljl) CONCU.:SIONS OF THE CITY PLAi~lNG Ai'ID ZONING COl\'IMISSION C ommission Members Present : C ommi s sion Members Absent: Weber. Willis . Ha yduk . R:msick. Stoc kwell . Welker Douglas. Lathram . R ininger This maner was heard before the City Planning and Zoning Commissio n on September 21 . 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 Staff Repon. which were incorporated into and made a pan of the record of the Public Hearing . No member of the public present offered testimony on this issue . After considering the statements of the witnesses . and reviewing the peninent documents , the members of the City Planning and Zoning Commissio n made the following Findings and Con- clusions . 1. 2 . FINDINGS OF FACT TBA T the proposed amendment of the Comprehensive Plan was brought fonh by staff of the Neighborhood & Business Development Depanment of the City of Englewood. THAT notice of the Public Hearing on the proposed amendment of the Comprehensive Plan was properly given by publication in the Englewood Herald on September 10 , 1999 . ,i: " .. 'I I . 0 32X • • .. • ..,.. .. • t ... , .. • • .. ... " 3. THAT the proposed amendment to the Comprehensive Plan will establish support by the City of Englewood for the Denver Regional Council of Governments strategic growth plan. MetroVision 2020, which establishes an urban growth boundary . encour- ages infill development , and discourages urbanization beyond a designated 700 square mile area . 4 . THAT support of the MetroVision 2020 is imponant for funding consideration of Transportation Improvement Program (TIP) projects. 5. THAT the proposed amendment to the Comprehensive Plan will add Goal #8 to the "Forward" chapter of the Comprehensive Plan . CONCLJ;SIONS 1. THAT proper notice of the Hearing was given by public:iti on in the Engle wood Herald on Sc:ptember 10 . 1999 . 2. THAT support of the Metro Vision 2020 Plan pro vi des for a point system on which funding prioritization of Transportation Improvement Program projects approval is based . 3 . THAT support of the Metro Vision 2020 Plan is in the best interest of the City of Englewood . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commis sio n that the 19 79 Comprehensive Plan. Forward section. should be amended to reflect the support of the Metro- Vision 2020 Plan . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on September 21, 1999 , by Mr . Weber, which motion states : ' ' The Planning Commission recommend to City Council that the 1979 Comprehensi ve Plan, Fonvard section, Goals, be amended l7y adding thereto the following statement as an additional goal: Suppon the regional strategic growth plan for the six-county Denver metro area, Metro Vision 2020. including the Urban Growth Boundary , which encourages infill de- velopment and discourages urbani:.ation beyond a designated 700 square mile area . 2 • . ~ • ) I • 0 - • • • AYES : NAYS : ABSTAIN: ABSENT : • ... . • - Hayduk. Ransick, Stockwell, Weber, Willis . Welker None Nooe Douglas, Lathram, Rininger .. These Findings and Conclusions are effective as of the meeting on September 21 , 1999 . BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Carl Welker, Chairman f:\depl\nbcllpoup\bolrdslplanc:ommlfindinp 1999\fof q,-99--02 meirovision :020.doc 3 ,.: . ' .. .. . , I· 0 32 .]- • • -• To: Thru: From : Date : • )• ... • •• \I [ 11 0 ll .\ .\ U 1· ll Planning and Zoning Commission Bob Simpson, Director. NBD Mark Graham. Senior Planner 4{;- September 2. I 999 . . ... Subject: Englewood Comprehensive Plan Amendment: Urban Growth Boundary Recommended Action Staff recommends that the Planning and Zoning Commission make a recommendation to the City Council to adopt the proposed amendment to the Forward Chapter ·'Goals" of the Englewood Comprehensive Plan. Proposed Amendment Support the regional strategic growth plan fo r th e six-co11nry De nver metro -area. Metro Vision 2020. including the Urban Growth Boundary . which t'ncourages infill de ve lopment and discourages urbani:ation bey ond a de signated -oo sq uare mile ar ea . Background Englewood's Comp Plan. Forward Chapter. establishes seven goals . The proposed amendment would be the second expressing the goal for the City to recognize regional plans and to de velop local policies consistent with them . In March of 1997, the Board of Directors of the Denver Regional Council of Governments (DRCOG) approved a strategic growth plan for the six-county metro-area . The plan. which projects urbanized area growth to the year 2020 , entitled MetroVision1020. is intended to guide metro-area development with voluntary. flexible strategies, as well as incentives. for member organizations to adopt policies consistent with the regional vision . The main incenti ve for supporting Metro Vision 2020 is in the Transportation Improvement program (TIP ). Cities in the metro-area submit transportation projects to DRCOG. which acts as a clearinghouse for federal transportation funds . DRCOG evaluates and prioritizes trans po rtat io n projects by assigning points to projects that meet various criteria. Trans portation projects eligible for federal funding typically provide increased roadway capacity. impro ved safety . and often help achieve air quality goals . Englewood City Council discussed MetroVision 2020 at their April 12. 1999 Council Study Session . On April 19 , 1999 Council passed a Resolution supporting the DR COG Metro Vision 2020 Plan . Staff will take Planning and Zoning Commission 's recommendation forward to Council in October and request that Council support an Ordinance amending the Comprehensive Plan to support the Metro Vision 2020 Plan including the Urban Gro'-"th Boundary . H \GROUP\80AR0S\PLANCOMM\Stllff Report• 1999'icomp Pin MV'2020 UGB ooc: • . ' I • 0 . ]- • • • ORDINANCE NO . SERIES OF 1999 • ,,..... • • - BY AUTHORITY A BILL FOR .. .. ' ... ~ // 1. ii COUNCIL BILL NO . 59 INTRODU~D BY COUNCIL ~ r (!llffe4) AN ORDINANCE ADOPTING THE BUDGET OF THE CITY OF ENGLEWOOD , COLORADO , FOR THE FISCAL YEAR 2000 . WHEREAS , pursuant to the provisions of Part I of Article X of the Charter of the City of Englewood , Colorado, adopted by the voters on July 8 , 1958, a budget for the fiscal year 2000 was duly submitted by the City Manager to the City Council on September 9, 1999; and WHEREAS , a public hearing on the said budget was held by the City Council within three weeks after its submission at the meeting of the City Council on September 20 , 1999. regular notice of the time and place of said hearing having bee n published within seven days after submission of the budget in the manne r provided in the Charter for the publication of an ordinance ; and WHEREAS , the City Council of the City of Englewood has studied the budget on numerous occasions; and WHEREAS, it is the intent of the City Council to adopt the 2000 budget as now submitted; NOW, THEREFORE , BE IT ORDAINED BY THE CITY CO UNC IL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjpn 1. That the budget of the City of Englewood , Colorado. for the fiscal year 2000, as submitted by the City Manager and duly considered by the City Council after public hearing, be and hereby is adopted as the budget for the City of Englewood for the fiscal year 2000. Sectjpn 2. GENERAL FUND Total Fund Balance, January 1, 2000 Revenues Sales/Use Tax Property and Specific Ownership Tax Franchise/Occupation/Cigarette Tax License/Permits Intergovernmental Revenue Charges for Services Cultural & Recreation Fines & Forfeitures Miscellaneous -1- -· ....... -~·..__._._...,_._ • 2000 BUDGET $ 4 ,310,806 21 ,300.000 2.374.000 2 ,491 ,000 602.569 1.526,200 1,413 ,590 1.422.950 767 ,500 443 660 .. ,,: . . . ' ' I • 0 2 • • • .. • ... .. • •• ' ... ... COUNCIL COMMUNICATION • Date Agenda Item Subject October 18, 1999 Bills For Ordinances Adopting 11 a ii the 2000 Budget And Appropriating Funds For Fiscal Year2000 Initiated By I Staff Source Department Of Financial Services Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2000 Budget and Goals setting meeting on April 17, 1999. The operating budgets and Five Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on October 1, 1999. A public hearing regarding the Proposed 2000 Budget was held on September 20, 1999 . RECOMMENDED ACTION Staff recommends Council approve the proposed bills for ordinances adopting the 2000 budget and appropriating funds for fiscal year 2000. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Charter of the City of Englewood requires the City Council adopt bills for ordinances adopting the next year's Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The 1998 General Fund budget projects an ending fund balance of approximately $4 million or twelve percent of the General Fund total sources of funds for 2000. LIST OF ATTACHMENTS Proposed bill for an ordinance ., I· 0 2 • • 0 ~ ,,-·· • f4 • ... • - Total Re ve nues Other Financing Sources Total Sources of Funds Expenditures Legislation City Attorney's Office Municipal Court City Manager's Office Administrative Services (Human Resource s) Financial Services Public Works Safety Services Neighborhood & Business Development Library Services Recreation Services Transfers Out Contingencies Debt Service Total Use of Funds Total Fund Balance, December 31 , 2000 Sectjon 3 DEBT SERVICE F U NDS Communjty Center Bond Debt Seryjce Fund Fund Balance, January 1, 2000 Revenues Expenditures Fund Balance, December 31, 2000 .. .. ' ' ' 2000 BUDGET $32,341.469 $ -0 - $32 341 469 248 .103 624 ,172 664 ,060 559.810 588,608 2,416.96i 4 ,282.886 13 ,0 75.825 1,559.0 82 1,170.671 4 , l 70,241 $ 46 1.025 $ 673 ,000 12,19925 $31 ,744 ,375 $ 4 ,907,900 $ $ $ $ 118,995 435 ,000 480 ,790 73 ,205 Paying District · Englewood Commerce & Industcy Center Debt Seryjce Fund Fund Balance, January 1, 2000 $ 11 ,603 Revenues $ 36,701 Expenditures $ 1,900 Fund Balance, December 31 , 2000 $ 46 ,404 -2- ~· . " ... I • 0 ... • -.. .. • ', •• ' ... 2000 BUDGET f.ariDK Pi11tci1:t ttJ::i Pi:bt Si:i:xii:i: El,l,Dd Fund Balance, January 1, 2000 $ <172 .232> Revenues Miscellaneous $ 46,598 Expenditures $ 2,700 Fund Balance, December 31 , 2000 $ <128.334> f11riDK Pi.lit.eel. ttJZ Pi:bt-Si:mi:i: E11nd Fund Balance, January 1, 2000 $ 573 Revenues $ 2.7 16 Expe nditures and Transfers $ 3.250 Fund Balance , December 31. 2000 $ 39 e11rinir: Pi11trie1. ttaa Pi:bt Si:mi:i: E11n11 Fund Balance, January 1, 2000 $ 423.082 Revenues Miscellaneous $ 95 .000 Expenditures $ 512.200 Fund Balance , December 31 , 2000 $ 5 ,882 Cimi:ci:ti: Ri:111111:1:mi:nt Pi11ttiel. 1 l!a::i Fund Balance, January 1, 2000 $ <28 ,873> Revenues $ 9 ,33 0 Expenditures $ 750 Fund Balance , December 31 , 2000 $ <20 ,293> Section 4 SPECIAL REVENUE FUNDS Con111:cv.atiPD Tru11t E11nd Fund Balance , January 1, 2000 $ 288,488 Revenues $ 324 ,290 • Expenditures $ 319,299 I • 0 Fund Balance , December 31 , 2000 $ 293 ,479 -3- • .. ~ ,. --· • J ,, • ~ . ·~ ,. , . • -.. .. 2000 BUDGET Commercial Revo)ying !-&an Fund Fund Balance, January 1, 2000 $ 149 ,097 Revenues $ 4,500 Expenditures $ 25 ,000 Fund Balance, December 31 , 2000 $ 128,597 Community Development Fund Fund Balance, January 1, 2000 s 3 ,770 Revenues and Transfers In s 10 3 ,000 Expenditures s 10 3 .000 Fund Balance, December 3 1, 2000 $ 3 ,77 0 Donors Fund Fund Balance, January 1, 2000 $ 14 2.082 Revenues and Transfers In $ 173 ,600 Expenditures $ 213 ,667 Fund Balance, December 31 , 2000 $ 102,016 Section 5 CAPITAL PROJECT F UNDS Puh)jc Improvement Fund Fund Balance, January 1, 2000 s <86,870> Revenues $ 3 ,946 ,400 Expenditures $ 3 ,268 ,000 Fund Balance, December 31, 2000 $ 59 1,530 • Capita) Projects Fund <FYCP} Fund Balance, January 1, 2000 $ 1,038,8 90 Revenues $ 211 ,025 Expenditures $ 1,249 .915 • Fund Balance, December 31 , 2000 $ -0· I • 0 -4- • 32 X • • ---------· ,~ • .. Sectjon 6 INTERNAL SERVI CE F UNDS Seryjcenter Fund Funds Available , January 1, 2000 Revenues Expenses Funds Available , December 31 , 2000 Capital Eauinment Reolacement Fund Funds Available , January 1, 2000 Revenues Expenses Funds Available , Dece mb er 3 1, 2000 Central Seryjces Fund Funds Available . January 1, 2000 Revenues Expenses Funds Available . Dece mber 31 , 2000 • • -.. Property and Ljab1hty Self-Insurance Fund, whjch shall now be desjmated Rjsk Management Fund Funds Available , January 1, 2000 Revenues Expenses Funds Available , De ce mber 31 , 2000 Health Self-Insurance Fund whjch shall now be designated Employee Benefits Fund Funds Available , January 1, 2000 Revenues Expenses Funds Available , December 31 , 2000 -5- • .. 2000 BUDGET $ 1,024 .680 $ 1,399,265 $ 1,4.90 .600 $ 9 33 ,3.t5 $ l , 11 5 ,990 $ 7 11.062 $ 99 3 ,30 3 $ 833.74 9 $ 69,055 $ 316.257 $ 300,169 $ 85.143 $ 692 ,78 7 $ 700 ,235 $ 651.900 $ 7 41 ,122 $ 826,962 $ 2 ,974,767 $ 2 ,974,767 $ 826,962 ,. .. ) I • 0 32;< ' . ~ -· ., • ... ,• ... ~ ., ... • •• .. 2000 Bl iDGET Section 7 ENTERPRISE FUNDS Water Fund Funds Available, January 1, 2000 $ 5 ,601 ,49i Revenues $ 5,554,804 Expenses $ 7 .290.847 Funds Available , December 31 , 2000 $ 3 .865 .454 Sewer Fund Funds Available , January 1, 2000 Sl 7 ,317 ,13 8 Revenues s 6 ,74 3,400 Expenses s 8 .160.0 3 1 Funds Available, December 31 , 2000 $15 .900,506 Stprm Drainage Fund Funds Available, January 1. 2000 s 294 .362 Revenues s 137 ,000 Expenses $ i5,568 Funds Available , December 31 , 2000 s 355,i94 Golf Couree Fund Funds Available , January 1, 2000 $ 604 ,646 Revenues $ 1.825, ii8 Expenses s 1,816,411 Funds Available , December 31 , 2000 $ 614 ,013 • Concrete Utility Fund Funds Available , January l , 2000 $ 283 ,269 Revenues $ 525 ,000 Expenses $ 517 ,234 • Funds Available, December 31, 2000 $ 291,034 I • 0 -6- . ]- • • • -· ': ...... • J. Section 8 FIDUCIARY FUNDS MaHey Center Trust Fund Fund Balance. January 1, 2000 Revenues Expenses Fund Balance. December 31 , 2000 Parks and Recreation Trust Fund Fund Balance, January 1, 2000 Revenues Expenses Fund Balance, December 31 , 2000 • • - .. .. Special Assessment SumJus & Deficiency Fund Fund Balance, January 1, 2000 Revenues Expenses and Transfers Fund Balance, December 31 , 2000 Section 9 JOINT VENTURES .. .. ~ 2000 BUDGET $ 268,038 $ 18 ,000 $ 60,000 $ 226 ,038 $ 105 .129 s 15 .000 $ 6 ,075 $ 114 ,054 $ 121.807 $ 65 ,141 $ 5 ,700 $ 181 ,248 IJTI'LETONIENGLEWOOD w :\STEWATER TREATMENT PLANT JOINT VENTURE Funds Available , January 1, 2000 $ 115 ,674 Revenues Expenses Funds Available, December 31, 2000 $ 9 ,747 ,620 $ 9 ,747 ,620 $ 115,674 Section 10. That the said budget as amended and accepted shall be a public record in the office of the City Clerk and shall be open to public inspection. Sufficient copies thereof shall be made available for the use of the City Council and the public, the number of copies to be determined by the City Manager. Introduced, read in full , and passed on first reading on the 18th day of October, 1999. -7- • '-.. ~ ' ' ' • F I • C, 32 I - • • • ~ --• ) t .. -. ., { .. • -.. ' Published a's a Bill for an Ordinance on the 22nd day of October, 1999. Thomas J . Burns , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood . Colo rado, hereby ce r tify 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 18th day of October, 1999 . Loucrishia A. Ellis -8- ' . ... I I • 0 3 • • • • ,,-. • ' t·.,.,. .. -· ... • • ' 11,·,;, ORDl~NO. SERIES~ 1999 BY AUTHORITY ABILL FOR -- COUNCIL BILL ~O . 60 INTROD UC w.n COUNCIL MEMBER ~ AN ORDINANCE APPROPRIATING MONIES FOR ALL MUN ICIPAL P URPOSES I N THE CITY OF ENGLEWOOD, COLORADO , IN THE FISCAL YEAR BEGINNING JANUARY 1, 2000, AND ENDING DECEMBER 31 , 2000 , CONSTITUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL FOR THE FISCAL YEAR 2000 . NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Sectjon 1. That there be and there hereby is appropriated from t he revenue derived from taxation in the City of Englewood , Colorado , from co ll ectio n of license fees a nd from all other sources of revenue including available fund balance dunng the yea r beginning January 1, 2000, and ending December 31 , 2000, the amount hereinafter set forth for the object and purpose specified and set opposite t her eto, spe cifica ll y as follows : Legislation City Attorney 's Office Municipal Court City Manager's Office GENERAL FUND Administrative Services (Human Resources) Financial Services Public Works Safety Services Neighborhood and Business Dev . Library Services Recreation Services Contingency Transfers Debt Service Total General Fund S 248 .10 3 624.172 664.060 559 ,810 588,608 2 ,416 ,967 4 ,282 ,886 13 ,0 75 ,825 1,559 .082 1,170,671 4,170 ,241 673 ,000 461 ,025 1249925 $ 31 ,744 ,375 COMMUNITY CENTER BOND DEBT SER\TICE FUND Total Community Center Debt Service Fund $ 480 ,790 PAYING DISTRICT · ENGLEWOOD COMMERCE & INDUSTRY CENTER DEBT SERVICE FUND Total Paving District -Englewood Commerce & Industry Center Debt Service Fund -l - $ 1,900 ' .. ,.: . ) I • 0 - • .. • -• ' l~,-_) .. .. .. . , • ' .. -.. .. ' COUNCIL COMMUNICATION Date Agenda Item Subject October 18 , 1999 Bills For Ordinances Adopting 11 a iii the 2000 Budget And Appropriating Funds For Fiscal Year2000 Initiated By I Staff Source Department Of Financial Services Frank Gryglewicz . Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2000 Budget and Goals setting meeting on April 17, 1999 . The operating budgets and Five Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on October 1, 1999. A public hearing regarding the Proposed 2000 Budget was held on September 20, 1999. RECOMMENDED ACTION Staff recommends Council approve the proposed bills for ordinances adopting the 2000 budget and appropriating funds for fiscal year 2000. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Charter of the City of Englewood requires the City Council adopt bills for ordinances adopting the next year's Budget and Appropriation Ordinance no later than thirty days prior to the first day of the next fiscal year. FINANCIAL IMPACT The 1998 General Fund budget projects an ending fund balance of approximately $4 million or twelve percent of the General Fund total sources of funds for 2000. UST OF ATTACHMENTS Proposed bill for an ordinance .. I . 0 ·.]- .... • • .. • ••• PAVING DISTRICT #35 DEBT SERVICE FUND Total Paving District #35 Debt Service Fund $ 2,700 PAVING DISTRICT #37 DEBT SER\TICE FUND Total Paving District #37 Debt Service Fund $ 3,250 PAVING DISTRICT #38 DEBT SERYICE FUND Total Paving District #38 Debt Service Fund $ 512 ,200 CONCRETE REPLACEMENT DISTRICT J995 DEBT SERVICE FUND Total Concrete Replacement District 1995 Fund CONSERV:\TION TRUST FUND Total Conservation Trust Fund COMMERCIAL REVOL\TING LO:\N Fll'.\ID Total Commercial Revolving Loan Fund COMMUNITY DEVELOPMENT Ft JND Total Community Development Fund DONORS FUND Total Donors Fund PUBLIC IMPROVEMENT FUND Total Public Improvement Fund CAPITAL PROJECTS FUND <FYCPl FUND Total Capital Projects Fund SERVICENTER FUND s 750 $ 319 ,299 s 25 ,000 $ 103 ,000 $ 213,667 $ 3 ,268,000 $ 1,249,915 Total ServiCenter Fund $ 1,490,600 CAPITAL EQJJIPMENT REPLACEMENT FUND Total Capital Equipment Replacement Fund $ 993 ,303 -2- ,. " · . .. . ' . I • 0 • • • .. ---------------------~~~~~--~---,, • .. .. . . , • - CENTRAL SERVJCES FUND Total Central Services Fund $ 300,169 PROPERTY AND LIABILITY SELF-INSURANCE FUND WHICH SHALL NOW BE DESIGNATED RISK MANAGEMENT FUND Total Property & Liability Self-Insurance Fund $ 651 ,900 HEALTH SELF-INSl RANCE FtJND WHICH SHALL NOW BE DESIGNATED EMPLOYEE BENEFITS FUND Total Health-Self Insurance Fund S 2 ,974,767 WATER FllND Total Water Fund S 7 .290,847 SEWER Fl lND Total Sewer Fund $ 8 .160,031 STORM DRAINAGE Fl/ND Total Storm Drainage Fund s 75 ,568 GOLF COURSE FUND Total Golf Cour.se Fund $ 1.816,411 CONCRETE UTILITY FUND Total Concrete Utility Fund $ 517 ,234 MALLEY CENTER TRUST FUND Total Malley Center Trust Fund $ 60,000 PARKS AND RECREATION TRUST FUND Total Parks and Recreation Trust Fund $ 6 ,075 SPECIAL ASSESSMENT SURPLUS & DEFICIENCY FUND Total Special Assessment Surplus & Deficiency Fund $ 5,700 -3- ' . . , .. .. . ' . I • 0 . ]- • • • • t, • .. .. • - LITTLETON/ENGLEWOOD WASTEWATER TREATME~T PLANT JOINT VENTURE FUND Total Littleton/Englewood WWTP Joint Venture Fund S 9 ,74 7.620 Sectjon 2 The foregoing appropriations shall be consid e red t o be a ppropriation s t o groups within a program or department within the fund indica t e d but sh all not be construed to be appropriated to line items within any gro ups. e ve n tho ugh s uch line items may be set forth as the adopted budget for the fi s cal year 2000. Sectjon 3. All monies in the hands of the Director of Financia l Se rvices, or to co me into the Director's hands for the fiscal year 2000, may be applied on the o utstanding claims now due or to become due in the s aid fi scal ye a r of 2000 . Sectjon 4 All unappropriated monies that may com e into the h a nds of the Dire ctor of Financial Services during the year 2000, may be so distribute d a mong the res pective funds herein as the City Council may deem be st under s u ch control as is provide d by law . Sectjon 5. During or at the close of the fi scal year of 1999. a ny s urplus m oney in any of the respective funds , after all claims for 1999 agains t the s ame ha ve bee n p a id . may be distributed to any other fund or funds at the discretion of the Ci ty Co uncil . Introduced, read in full , and passed on first reading on the 18th day of Octobe r , 1999. Published as a Bill for an Ordinance on the 22nd day of October. 1999 . Thomas J . Burns , Mayor ATIEST: 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 18th day of October, 1999. Loucrishia A. Ellis -4- • " ', . ' ... I • 0 ]- ' • .. . ---· • t-',, .. • - BY AUTHORITY ORDIN~O._ SERIE~~;9 COUNCIL BILL NO. 58 INTRODUCE BY COt::-JC IL MEMBER -~H'tNll"lN'+'-- A BILL FOR AN ORDINANCE FIXING THE TAX LEVY IN MILLS UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TA.XABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD , COLORADO, AND ESTABLISHING A MILL LEVY FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. WHEREAS . it is the duty of the City Co uncil of t he City of Englewoo d , Co lorado. under the Englewood Home Rule Charter a nd Co lor ado Revised Statutes, to ma ke the annual levy for City purposes; and WHEREAS . the City Council has duly considered the estima ted va luatio n of all the taxable property within the City and the needs of the City and of each of said levies and has determined that the levies a s here inafter set fo rth . a re proper a nd wi se: a nd WHEREAS , the following levies are permitte d und er Article X. Section 20 of the Colorado Constitution without a vote by the ci tizen s : NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Sectjon l. That there be and hereby is levied for the year of 1999 , due and payable as reqwred by statute in the year 2000 , a tax of 5 .880 mills on the dollar for the General Fund of the City of Englewood , Colorado , and l. l i5 mills on the dollar for the Commuruty Center Bond Fund Debt ServJ ce Fund of the City of Englewood. Colorado. That the levy herein above set forth s hall be levi ed upon each dollar of the assessed valuation of all taxable property within the corporate limits of the City of Englewood , Colorado, and the said levy shall be certified by law . Sectjon 2. That under the authority of t he Co lor ado Revised Statutes and the Englewood Home Rule Charter, there is her eby levied for the ye ar 1999, due and payable as required by law in 2000, a tax of 4.39i mill s on the dollar for the u se a nd benefit of the Englewood Downtown Developme nt Authority . The levy herein above set forth shall be levied upon each dollar of assessed valuation of all taxable property within the Englew ood . Colorado, Downtown Development District, and the said levy s hall be certified as r equired by law . Introduced, read in full , and passed on first reading on the 18th day of October, 1999 . -l - ) I • 0 - .. ~ .,,-- • ":t. .. . ·~ • • .. ... Published as a Bill for an Ordinance on the 22nd day of October, ~999 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis. City Clerk of the City of Englewood , Colorado, he reby certify that the above and foregoing is a true cop y of a Bill for an Ordmance, introduced , read in full, and passed on first reading on the 18th day of Oc to ber, 1999. Loucrislua A. Ellis -2- ' . ., ,., ' ' .. • I .. r I • 0 32X • • .. ~ • J .... .. .. • - COUNCIL COMMUNICATION Date Agenda Item Subject October 18, 1999 Bill For An Ordinance 11 a iv Establishing The 1999 Mill Levy Collected in 2000 Initiated By I Staff Source Department Of Financial Services Frank Gryolewicz. Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council and staff held a 2000 Budget and Goals setting meeting on April 17, 1999. The operating budgets and Five Year Capital Plan for all City departments and funds was reviewed at a budget retreat held on October 1, 1999. A public hearing regarding the Proposed 2000 Budget was held on September 20. 1999. RECOMMENDED ACTION Staff recommends Council approve this bill for an ordinance establishing the 1999 mill levy to be collected in 2000. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood assesses property tax for the general operations of the government and for the Community Center Debt Service Fund . TABOR restricts the City from raising the mill levy without a vote of the citizens . This year's General Fund mill levy is unchanged from 1998 (5.880 mills). The 1999 levy is certified to Arapahoe County for collection in 2000 . The Englewood Downtown Development Authority's mill levy is set at 4 .397 mills as recommended and approved by the Authority . The net assessed value subject to the Englewood Downtown Development Authority mill levy for 1999 collected in 2000 is $35,553 .140 compared to an assessed value of $26,506, 170 for 1998 collected in 1999. FINANCIAL IMPACT Based on the assessed valuation for the City of Englewood as certified by the Arapahoe County Assessor, the net assessed value of all properties in Englewood for 1999 is $364,998,610 compared to $302,263,550 for 1998. The 1999 mill for General Fund operations is 5 .880 mills and 1.175 mills for the Community Center Debt Service Fund . The total mill levy is 7 .055 for 1999 collected in 2000 . The total amount budgeted for General Fund operations is $2.124.000 (net of uncollectibles, abatements. etc.). The amount budgeted for the Community Center Debt Service Fund is $425,000 (net of uncollectibles, abatements. etc.). • • I ' I . 0 - • • • p _.. • ' ~.,:! ... .. ". ... • -.. ... ., A homeowner with a $100,000 dollar home in Englewood would pay the following to the City of Englewood: Market Value Assessment Ratio Assessed Value General Operations Mill Levy Taxes Paid For General Fund Operations Market Value Assessment Ratio Assessed Value Community Center Bond Fund Mill Levy Taxes Paid For Community Center Bond Fund Total Taxes Paid To City Of Englewood UST OF ATTACHMENTS Proposed bill for an ordinance $100,000 9.74% $9,740 5.880 $57.27 $100,000 9 .74% $9,740 1.175 $11.44 $68.71 .. .. .. ,. ) I . 0 32 • ORDINANCE NO . SERIES OF 1999 .. • • • ' BY AUTHORITY A BILL FOR ff ttJ COU CIL BILL NO . 62 INTROD UC ED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD . COLORADO AND THE ENGLEWOOD SCHOOL DISTRICT, PERTAINING TO THE COOPERATIVE BEAUTIFICATION PROJECT ON THE NORTH PLAYGRO UND AREA ALONG SOUTH BROADWAY ON THE FLOOD MIDDLE SCHOOL PROPERTY WHEREAS , the City of Engle wood and the Engl ewood School Di strict consider it to be in their mutual interest t o cooperate m the bea utifi ca ti on proiect on the North playground area along Broadway up on the Flood :\liddle School property: and WHEREAS, the Englewood School Di strict ha ll be res ponsible for the management of the contract for the m stall at10 n of a SLX foot (6") Fe deral Gree n ornamental iron work fence , attendant co ncrete. a nd tree plantings along the South Broadway frontage of dus property ; and WHEREAS , the Englewood School District s hall be responsible for the cost of materials and construction associated with the project; and WHEREAS , the Englewood School District shall maintain the fence as a part of its school property in a good and workmanlike manner ; and WHEREAS , the City and the Englewood School District shall split the costs of this project 50/50 with each contributing $20,000 prior to the start of construction of this project ; and WHEREAS , the City and the Englewood School District have set forth their respective obligations in the Intergovernmental Agreement; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sectjon J. The intergovernmental agreement between Englewood Public Schools and the City of Englewood , Colorado pertaining to the beautification project on the North playground area along Broadway and the Floo d Middle School property, attached as "Attachment l ", is hereby accepted and approved by the Englewood City Council. Sectjon 2. The Mayor is authorized to execute and the City Clerk to attest and seal the Agreement for and on behalf of the City of Englewood , Colorado. Introduced, read in full, and passed on first reading on the 18th day of October. 1999. -1- ' ' .. '• . ' I • 0 - , • • Oct 12 99 04:46p Oct 05 99 03s09p .. .... ... NBD NID July !7. 1999 MScibelli City oi Englewood Boundary ~\opmelll ~s.ElanSt. EngieWOOCL co 80110 • • 303-781-8175 303-781-8175 Dear Art: On Monday. July 26. 1999 , the Enpewood Board of Education took action approving a joint effort ~ the City af Englewood and the Englewood S.hoob for the be3Ullficarion project OIi tile nonh piayg,ou."11 aa along Broadway and the Fiood Middle School property . .. .. ... 3 The Board speciflCIIIY pve diffclion for Ille joitll cf!on. the USC of City vcndori and schooi penormcl ID fleilim,e llc plan • preMftied 10 1he school dimia and de.eloped by Sterli~ Oaitn .o\llOCillel. The daip coacepl was accepwl and an expendituII: oi up to ~ was appioved. rep!CIC!ltm& -~ or 1hc ;iropmc4 budget. "/ ~ -"Z:S':, Think you for all tllll )IOII have dOIIC ID a,ove lhis pro)CC'Jconcepl along. P!cllse keep me f/., mfomicd 111d let IIIC Ju,ow hoW I might be of help as we move forward. 5incm!y. /~RJJ" l...:mv Ni$bel E.,.ecutive ~ of Community Qum:ath 1..E!'<:mls .... '· p. l I • 0 -• .. • • ' Published as a Bill for an Ordinance on the 22nd day of October, 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 18th day of October, 1999. Loucris lua A. Elli s -2- •, . .. • . .. · .. ) I • 0 32X . ] • • • ~ ,,-. • • .. • - AGREEl'vlEN'I' BETWEEN THE CITY OF ENGLEWOOD A.1\ffi THE ENGLEWOOD SCHOOL DISTRICT .. Tlus agreement, entered mto this __ day of 1999, by and between the City of Englewood. a Colorado Home Rule '.\1urucipality (herein called "City'') and the Englewood School D1Strict. WHEREAS , the City and the Englewood School 01Strict consider it to be in the1.r mutual interest to cooperate in the beautification project on the :'.'forth playground area along Broadway and the Flood Middle School property; and WHEREAS , the City and the Englewood School District desire to set forth their respernve obligations: and WHEREAS , the City and the Englewood School District desire to set forth their respective duties . SECTION 0:'l'"E Pl'RPOSE The purpose of this agreement 1s to establi sh a relat10nsrup between the City of Englewoo d and the Englewood School Distnct sue:: that the parties may cooperate m the beautification proiect on the North playground area along Broadway and the Flood '.\l iddle Sc hoo l prope rty . SECTION TWO CITYS OBLIGATIO~S The City shall have the following obligations with respect to the Englewood School District beautification project on the North playground area along Broadway and the Flood '.'vhddl e School property. l . The City shall contribute 520.000 prior to the start of construction on the proiect . SECTIO~ THREE ENGLEWOOD SCHOOL DISTRICT OBLIGATIO~S The Englewood School District shall have the following obligations with respect to the City of Englewood and the beautification project on the North playground area along Broadway and the Flood Middle School property . 1 . The Englewood School D1str1ct shall contnbute 520 .000 prior to the start of construction of the project . 2 . The Englewood School District shall be responsible for the management of the contract for the installation of a si.,: foot (6 ') Federal Green ornamental iron work fence . attendant concrete, and tree plantings along the South Broadway frontage of thlS property, as shown on the attached "Exhibit A -Site Improvement Plans·· designed by Sterling Design Associates and dated September 13. 1999, which are incorporated herein by reference . 3 . The Englewood School District shall be responsible for the cost of materials and construcuon associated with the project . • t a C h m e n t 1 • . ' ' ' I • 0 - • • • ... .. • -.. 4 . The Englewood School District shall maintain the fence as a part of its school property in a good and workmanlike manner. SECTION FOull MISCEI..Uu'1EOC:S l. The term of tlus . .\greement shall begin on the date of the City Council approval (the "'effective date"'), as evidenced by the date first wntten above and shall continue for twenty-five (2 5) years sub1ect to annual appropriations by both parties . 2. The terms and conditions of this Agreement shall be binding upon the parties unless modified by a written amendment or written supplement executed by the parties hereto. 3 . This Agreement shall inure to the benefit of and be bmding up on the parties. thei.r successors . and assigns. 4 . Tlus Agreement 1s intended as the complete mtegration of all understandings between the pan1es . ::-,i o pnor or co ntemporaneous addition. deleuon. or othe r amendment hereto shall have any force or effect whatsoever. unless e mb odied herein by wnung. ~o s ubsequent notation. renewal. addition. deletion. or other amendment hereto shall have any force or effect unle ss embodied m a wntten amendment or wntten supplement executed by the parties. 5. To the extent that tlus Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of the Agreement. the terms of this Agree:nent are severable. and should any term or provision hereof be declared mvalid or become moperative for any reason. such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach cf a term hereof shall not be cons trued as a waiver of any other term . or the same term up on s ubseq uent breach . 6 . It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement. and all rights of action relatmg to such enforcement. shall be strictly reserved to the City and the Englewood School District, and nothing contained in this Agreement shall give or allow any s uch claim or right of action by any other or trurd person on such . .\greement. It is the express intention of the City and the Englewood School Distric t that any person other than the City or the Englewood School Distnct rece1vmg services or benefits under this . .\greement shall be deemed to be an inci dental beneficiary only . 7 . Either party to the Agreement may terminate the Agreement by giving to the other one (1) year notice in writmg with or without good cause s hown. Upon delivery of such notice and upon expiration of the one (1 ) year period, all services in connection with the performance of the Agreement shall cease . As soon as practicable after receipt of notice of termination. each party s hall submit a statement showing in detail the services performed under the Agreement to the date of termination. 8 . Each party represents and warrants that 1t has taken all actions that are necessary or that are required by its procedures . bylaws , or applicable law , to legally authorize the undersigned signatory to execute this Agreement on behalf of the party and to bind the party to its terms . 2 ' ', I • 0 • • • ,,- • ~-( .. • •• .. ... ., 9 . The parties shall maintain all books , documents , papers, accounting records and other evidence pertaining to costs incurred and other performance hereunder and make such materials available for inspection at all reasonable times during the period of the Agreement. On request. copies of such records shall be furnished to the City for the City's permanent records . 10. The City and the Englewood School District will establish safeguards to prolubit its employees, agents, or servants from UBing the Agreement for any purpose which causes or lends itself to create an appearance of impropriety. Said employees , agents or servants shall not seek any personal benefits or pnvate pin for themselves, their families, or others. 11. The parties shall not assign or transfer its interest in the Agreement without the written consent of the other party. Any unauthorized assignment or transfer shall render the agreement null. void. and of no effect. 12 . Any notice to be given hereunder shall be deemed given when sent by registered or certified mail to the addresses below . Englewood School District 4101 South Bannock Street Englewood . Colorado 80110 City )llanager City of Englewood 3400 South Elati Street Englewood. Colorado 80110 13 . Nothing herein shall be construed as creating any personal liability on t he part of any officer or agent of any public body which may be party hereto. 14 . The City and the Englewood School District as well as the employees and agents of each entity shall be considered for all purposes of the Agreement. to be independent contractors and not employees of either entity. 15 . The Agreement shall be carried out in accordance with the law s of the State of Colorado . all applicable federal laws and regulations . and all local laws . ordinances and regulations . IN WIT~SS WHEREOF , the parties hereto have executed this Agreement the day and year first written above . ATTEST: CITY OF E~GLEWOOD Loucrishia A. Ellis . City Clerk Thomas J . Burns, Mayor ATTEST: 3 ' - ' ' ' .. , ' ' .. ' I • 0 -- • • ' . .. .. ..,. .. • • • COUNCIL COMIIUN1CATI0N .. DATE: 10/18/99 AGENDA ITEM SUBJECT: IGA Flood Middle School 11 a V INITIATED BY: Department of STAFF SOURCE : Neighborhood and Business Art Scibelli, Business Development Development Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: Council adopted South Broadway Action Plan in April 1997 via Resolution No . 51. This action would contribute to enhancement of the South Broadway Corridor. RECOIIIIEIIDED ACTION: Approve IGA ; Flood Middle School as submitted . BACKGROUND, ANALYSIS, AlfD ALTERNATIVES IDENTIFIED: In May 1999, NBD staff was contacted b y the school regarding proposed interest in improving the north playground of Flood Middle School on South Broadway. As this project meets the objectives of the adopted South Broadway Action Plan , planning activities commenced in early summer. The project includes repair and cleaning of the rust-stained retaining wall adjacent to South Broadway and removal of the battered six foot chainlink fence along South B ro adway . The fence will be replaced with six feet, federal green ornamental ironwork. In addition, trees will be planted in the area immediately fronting on South Broadway. • ' . ,. I· 0 - • • ~ ~ l ~ ... --• .. __ ..... • •• .. FIRAIICIAL IIIPACT: $20,000: NBD budget. These funds will be taken from NBD Commercial Catalyst program. Although Council approved these funds for partnering with commercial entities, it is believed that this intergovernmental effort for South Broadway improvement meets the broad spirit of this program. $20,000: Englewood School District funding UST 01' ATTACIIIIE1ff8: • IGA -Flood Middle School north playground improvements on South Broadway, School/City • Letter from Larry Nisbet regarding school board action H:IG ROUP\BOARDSICOUNC IL\CC·IG A FLOOD MIDDL E SCHOOL.DOC ~=, ~t ~ ' .. '· ' l ... ) .. I • 0 32xl .]- ( • l • ( • ... • .. 11 ' ........ ... •• .. ' C,c...f.obe R. I 8 . l'f'I 9 l'/le.e.+11,f II ft V t'JA.11,·uftl-Si+e I1>1tRoVL-Meu-fs ft1tAJ.S F/6oJ. /Y)JJ 1'2.. Lo+ -NaA.-f~ Lo+ 1 ·~ A b 61lC.. Me.e.+;,.,? -Po lk.R. . .. . ,. .. ', ', ... I . 0 32X -.. .,:.- ~- ORDIN~O._ SERIES~ ... "' .... • • .. • •• BY AUTHORITY A BILL FOR .. ... .. COUNCIL BILL NO . 64 INTRODUCED BY COUNCIL MEMBER &~ow,,.. AN ORDINANCE AUTHORIZING THE VACATION OF A PORTION OF AN EASEMENT AND THE ACCEPTANCE OF NEW UTILITY EASEMENTS LOCATED AT CITYCENTER ENGLEWOOD. WHEREAS , the redevelopment of the Englewood CityCenter requires a relocation of the existing utility easements in Lot 1, Block 9 , as shown on the Final Plat of Englewood CityCenter Filing No. 1, as recorded; and WHEREAS , the utilities are to be relocated in a new easements to be shown on the Final Plat; and WHEREAS, the City will accept the new utility easement as described on the Fmal Plat as recorded; and WHEREAS, the City wishes to vacate the current easement a s described on (Attachment A); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF .ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The new utility easement at CityCenter Englewood , is accepted and approved when recorded. $ectjon 2. The vacation of the current utility easement at CityCenter Englewood , attached hereto as "Attachment A", is hereby accepted and approved by the Englewood City Council. Introduced , read in full, and passed on first reading on the 18th day of October, 1999 . Published as a Bill for an Ordinance on the 22•d day of October, 1999 . Thomas J. Burns, Mayor A'ITEST: Loucrishia A. Ellis, City Clerk -I - • .. . . . ..: ... . ' ' flt\} I I • 0 32X - • --• .. • .. 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 pa88ed on first reading on the 18th day of October, 1999. Loucrishia A. Ellis -2- ' . .. . ' . I • 0 32X • • ... ~ -· • ,~ t• I .. .. • -.. ... ~ ATIACHMENT A Vacation of a portion of the Water and Sewer Easement recorded in Book 1807, at Page 691 , and as amended in Book 4345, at Page 703 , Arapahoe County Records . All that part of the Water and Sewer Easement recorded in Book 1807, at Page 691, and in Book 4345, at Page 703, Arapahoe County Records, lying within the following described parcel: That part of the Southwest one-quarter of Section 34 , Township 4 South, range 68 West of the 6th P.M., more particularly described as follows: Commencing at the Southwest corner of said Section 34 ; thence South 89 degrees 50 minutes 22 seconds East along the South line of the Southwest one-quarter of said Section 34 , a distance of 948.07 feet; thence North 00 degrees 01 minutes 23 seconds East along the Westerly Right-of-Way line of South Elati Street and said Right-of-Way extended Southerly, a distance of 430 .59 Feet to the True Point of Beginning; thence South 89 degrees 53 minutes 01 seconds West a distance of 626.19 Feet to the Centerline of South Galapago Street extended; thence North 00 degrees 09 minutes 38 seconds East along said extended centerline, a distance of 846.96 Feet to a point lying 45 .9 Feet southerly from the North line of the Southwest one-quarter of the Southwest one-quarter of said Section 34 ; thence North 89 degrees 53 minutes 01 seconds East, parallel with said North line a distance of 624 .16 Feet to a point on the aforesaid Westerly Right-of-Way line of South Elati Street: thence South 00 degrees 01 minutes 23 seconds West along said Westerly Right-of-Way line a distance of 846.95 Feet to the True Point of Beginning. To be known as : Lot 1, Block 9 , Englewood City Center Filing No. l. • ' . ..: '\ . ... ) I • C, 3 I • X c::::::;: (-. • ,) "09'38' IJ 26 J .J7 ' S 00'09'381 IJ 1.139 ACRES t _ .. uu uu-, N !!_0 ~?J_'JS_:_ ---t---J -, --. ----· I I 20 I I I I I I 1 11 I I ,r!5' , :;_ I I !, I, =i I~ > Cl) ~ I I z ,0 -D ' D J., ZIV> z r '[' uiUI J1>J~ w .., V, t:, ........ -ci I< I• ~ 8 ~ -= / ~, ~ 1i I "/1'1(. ~1~1-.,.__ '-. / ~I r I"' o ?! 7 ~1 ',r'\ / ~I~ I ~ t_R· Jvil _ !::;I:{; I l"I I l C/'(7' / 9 l> ---I~ I ..r, ·D . / I .c Ju- / ' ' "' "' ' ,., f\J l ~AUI i{;1 J1~ '::;, I ~, I I I I '-I I ""--1- ·---168 3fl' -. ,JG i.J(i' 1· c.'E.c'.00' / i ;I ~L-... <PRIVAIE> w E 846.%' ,;., 1 1_ · : S. GA l ~n:,~.~,~.:.~;,~ ;,;,,;;,;;_:-_.r ;r-!,//; II 111 ; ~ I AGO ST. f f ~ i t Ul• -,-D -1 I u,I\J l<Df ,--.1 0 ~-~1; I L-r-: ~ --: o -""-·· ) 1 :--! ril i~ I 'f< I ! ~a i , I . ! : ~ L ~ ,., I . ~~ ~ 5 ~ / T / / j ~ ~~-: . I •~ / ~ ~-ru ~: L.~0~~1/!lJ / 1 -t.5 . :~ § I • •1 90.oo· / ,... • t:I ~ ~r, r-;oz / r,ri .... "' r -~· ,..,,. -L Mr / ru ·~, ..._ 0 Vlr'l !JI t'~ ' C"ll ~ --i -< / ~ '(Jl : 1'1!'1 n ..OD / ~ ~ ~ du• :zne Z :;,o "'D /~ 1'" • ~ r, C: s FO' ...... ~::, (: M' ;ou • ~ r, , / -I>< : '.~ ll'J v, / --·~ g tB : ~ z ' C I / 11 ~~:S l ~ !g' 2~ ~ I t:1 ,... --4 - C '.. -< JI, I -./J ;o .... I ,.,o b ri t' J>~··c lo Vl .. ..., I : ~· r, ' ' r,1'1.1 I+ / ,/ /' / / / /_/ :c r • z l"'l , . --4 l L ~ i I 1 I ~ r r-. -.J "" • I ---. . "' -.J -;; I : L-\-: // , :; 00 ·01·2 :1· H·H , ~·:i · -(1\ I 1110.5 7 ' _!.~u,,,_sT~---_ -~~ '"'.'._ l/2 s~ ·~· S\J ~· S[C. 3.._ __ _ ---1 ---·-1 I r-___ __ _ ______ J • 1 ,' r soo·o1 ·23•"' I -·--0 S. El.t I • • 0 _. .~ I ·----' ,-\ I , .. " ' ' ~ • .. I '• ~-. \ • .. ~ ,,,-~ ~ ' ,, - • • • --~------------.,..,.---------------------------------.... Date October 18, 1999 INITIATED BY • • .: ... "' • ••• .. COUNCIL COMMUNICATION Agenda Item 11 a vi STAFF SOURCE Subject Vacation of water and sewer easement at CityCenter Department of Public Works and Englewood Environmental Foundation, Inc. Rick Kahm, Capital Projects Manager/ Director Englewood Environmental Foundation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This action supports redevelopment of CityCenter. Council approved Ordinance No. 44, Series 1984 granting a water line easement at Cinderella City RECOMMENDED ACTION Staff recommends council approval of a Bill for an Ordinance vacating that portion of the Water and Sewer Easement encumbering Lot 1, Block 9, Englewood CityCenter Filing No. 1 (the Walmart property). BACKGOUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Water and Sewer main lines cross the CityCenter site and serve other off-site properties . Easements were previously recorded to protect these mains . Redevelopment of CityCenter requires the relocation of these lines and new easements. Construction of the new sewer main is underway. Water line construction is scheduled to begin the week of October 18'". Legal descriptions of these lines are being prepared based on actual locations and will be added to the Final Plat of Englewood CityCenter Filing No. 1 before recording . FINANCIAL IMPACT None LIST OF ATTACHMENTS Proposed Bill for an Ordinance Map showing easement locations '· ,. ' .. I ' I • 0 - • • •· -• .. . '. ·-. • •• •, ~ e __J u3 L j __ _J en L _J l _ tf.l ' '4 sec. 34 N e<J-S3'01' E 1'. FLOYD AVENUE <30' R.0 .1.' > 947.76' ~~~~:-i:~"'".!l~;...::..."T.""ffl'!Tl!"!"'11~!""""------~!'!!""!!'!rr---------~------------""7'---!'1,j~-,----- P 590 -- C) 0 :I: ,...: ... C) 0 nj ,.D :\, > a: M (J' C C) 0 "' VJ ;.... (") (") ,.D (\J > a:, C"'l ~ • R[C[?T :ON l'l(J . A'l07':P 42 ·· ORO . •21 977 77• G[li(RAL UT:LJTY [AS[M(N T " "" "" J I N ~ "" q,__ as·2 9 ,10 • ...,. a. I 305.s/ --~--3~ \ ' " ' +--\---_;· 1-· ', '-I I " I ':; "" "" I w V ACA TED SY CITY O· EN.,LEwoon w % O~Olr.At!CE NO 45 -SERIES 1999 ""' ... :.o , w <t "' > '" <t LOT 1 -~I w Q: ... e; <ll j "' 12.156 ACRES ± !!! ·-= ... ti ;:i ' >-<t :> \ C ' .;: ,_., l C f\l~...,..,, WAr~ 'MAlrl Lo~T10rol Q'. I I ... I M u w VI ... ~. > VI ... ' > VI ,-· ( I ~ \ ' >' 5! I . ~ 2) 1/'l I r. ci ~u :: ;;;- ~~ -..-... ------------------.... ~-----11..-r.l- .. VI w IX u < (1\ M -- 0 "' I -N 69"48 '28' E 625 68' 1 . ; { JO ' 1.'l~O~O-:..AY/UTILIT!ES £ASE'1Et~ I i ·, r------~ ---"(·:··e-20· "------625'5' -----) : ~ .-,I ~ 0) / M C' I ., ~ !:'.J C"'l / cc - 9: &"' / ~; I ' S 3 9"5 )'OJ' >/ 626.J':l"' / / N 89"53'01' E 596 19 ' 0 '-.._/ 0-J " --t I\., ;- I I ., .. ) I . 0 3 X - • • • RESOLUTION NO .~ SERIES OF 1999 ..• ... . .. • " .-· • .. • -" A RESOLUTION APPROVING AN AMENDME , T TO THE TRANSPORTATION SECTION OF THE ENGLEWOOD COMPREHENSIVE PLAN , TO ACKNOWLEDGE IMPACT OF IMPROVEMENTS TO THE SANTA FE DRIVE /SOUTH PLATTE RIVER CORRIDOR AND THE DEVELOPMENT OF THE LIGHT RAIL SYSTEM ON THE LAND USES AND THE TRANSPORTATION IN THIS SANTA FE CORRIDOR . WHEREAS, the Englewood Ci t y Co uncil pa ssed the Englewood Comprehens ive Plan in 1979; and WHEREAS , the Englewood Comprehensive Plan provide s policies guiding action s affecting the City 's physical development; and WHEREAS, the existing Englewood Co mprehensive Plan sets goals for impro~ing mass transit, constructing a trans it ce nter and a dopting zoning that provides for h ou si ng near these facilities: and WHEREAS, the proposed policy focuse s a ttention on the la nd use opportunities created with the public investment in the Light Rau Tra nsit system and s tat10n facilities : and WHEREAS , the South Santa Fe Drive/South Platte River corridor study. app r ove d in August 1999, was to allow the Engle wood Planmng a nd Zoning Commiss ion and commumty stakeholders to develop concepts , strategies a nd actions guiding land use to a s sure public benefit from transit investments; and WHEREAS , the proposed policy proVJd es a dva nce notice to prope rty owners and developers along the corridor that. the City 1s consid ering the relationslup be tween a development proposal and the public investme nt m tr a n portat1on facilitie s in land u se zoning and platting decisions : and WHEREAS. the policy beco mes the ba s is fo r s upp orting deve lopment proposals that t a k e advantage of the transportation amenity ; a nd WHEREAS , the Englewood Planning a nd Zoning Co mm1 ss10 n held a public hearing on September 21 , 1999; and WHEREAS , The Englewood Planning and Zoning Co mm ission has approved and recommended that the 1979 Comprehensive Plan, Tra ns portation Section , s hould be a me nded to acknowledge impact of improvements to the Santa Fe Drive/South Platte Rive r co rridor and the development of the light rail system on the la nd uses in this transit corridor a nd submit the same to the City Council for approval ; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT : ' ' • ) I • 0 - • • • • .. • .. ... Sectjon J. The City Council of the City of Englewood , Colorado hereby approves and adopts the following as an amendment to "The 1979 Comprehensive Plan(Master Plan)." The 1979 Comprehensive Plan, the Transportation Chapter, be amended by adding thereto the following statement as number 11 , to the "Courses of Action": 11. Const.ruction of the light rail mass transit system through Englewood makes a dramatic change in the way the community is served by transit and offers significant new opportunities for the land that adjoins the line and surround the stations. Specifically, much of the adjoining land now in industrial and s imilar uses will become attractive for residential, retail and other commercial development which will benefit from light rail access. Land use and zoning decisions should be closely coordinated with transportation system development to capitalize on these new opportunities and to eliminate obstacles to them . ADOPTED AND APPROVED this 18 .. day of October, 1999. A'ITEST: Thomas J . Burns, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 1999. Loucrishia A. Ellis ... ', •'\ .., . I .. .:. I • 0 32X • • /' . • , ...... • -' COUNCIL COMMUNICATION DATE : October 18 , 1999 AGENDA ITEM SUBJECT : Comprehensive Plan Amendment, Transportation , 11 C i Santa Fe Corridor Investments INITIATED BY : Neighborhood and STAFF SOURCE : Business Development Mark Graham , Senior Planner PREVIOUS COUNCIL ACTION; City Council passed the Englewood Comprehensive Plan on December 3. 1979 . There ha ve been three amendments to the Plan, including Downtown Development Plan ; Major Street Plan and South Broadway Action Plan . RECOMMENDED ACTION; Staff recommends that Council accept Englewood Planning and Zoning Commi ssion · s Findings of Fact and adopt a resolution amending Englewood 's Comprehensive Plan by insening the proposed Policy language . BACKGROUND; The Comprehensive Plan provides policies guiding actions affecting the City 's physical development. Existing Comp Plan policies set goals for improving mass transit. constructing a transit center. and adopting zoning that provides for housing near these facilitie s . The proposed policy focuses attention on the land use opponunities created with the public invesanent in the Light Rail Transit system and station facilities . Staff initiated the South Santa Fe Drive/South Platte River corridor study in August 1999 to work with the Planning and Zoning Commission and community stakeholders to develop concepts , strategies and actions guiding land use to assure public benefit from transit invesanents . The proposed policy provides advance notice to propeny owners and developers along the corridor that the City is considering the relationship between a development proposal and the public invesanent in transportation facilities in land use zoning and platting decisions . The policy becomes the basis for supponing development proposals that take good advantage of the transportation amenity . POLICY; Transportation Construction of the light rail mass transit system through Englewood makes a dramatic change in the way the community is served by transit and offers significant new opponunities for the . -. ...---------~ ... 0 I· 0 - • • • .. .......... • •• .. .. land that adjoins the line and su"ounds the stations . Specifically. much of the adjoining land now in industrial and similar uses will become attractive for residential, retail and other commercial development which is advanraged l1y light rail access. Land use and wning decisions should be closely coordinated with transportation system development to capitalize on these new opportunities and to eliminate obstacles to them . FINANCIAL IMPACT: Transportation facilities and land uses affect investments in property improvements , furnishings and equipment, which in tum affect property tax, use tax, and sales tax revenues. LIST OF AT[ACHMENTS: Proposed Resolution Findings of Fact Staff Report '. . 2 IIENG_CHISYS\EVERYONE\lel!;I Ann\AGENOA~ 18\CC Comp Plan Amd Tranoportation.doc .. ., . ... I • 0 32X - • • .. • -.. ... CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MA TIER OF CASE #CP-99-01 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO Ai.\fENDMENT OF THE 1979 COMPRE-) HENSIVE PLA."1 BY ADOPTING A NEW ) COURSE OF ACTION IN THE TRA."ISPOR-) TA TION CHAPTER ) INITlATED BY: ) Neighborhood & Business Development ) 3400 South Elati Street ) Englewood, CO 80110 ) ) FTh'DINGS OF FACT AND CONCLUSIONS OF THE CITY PLAi'liNING Al'ffl ZONING COl.\'IMISSION Commission Members Present : Commission Members Absent : Weber. Willis. Hayduk. Ransick. Stockwell. Welker Douglas , Lalhram. Rininger This matter was heard before lhe City Planning and Zoning Commission on September 21. 1999. in lhe City Council Chambers oflhe Englewood City Hall. Testimony was received from staff. The Commission received notice of Public Hearing , and lhe Staff Report. which were incorporated into and made a part of lhe record of lhe Public Hearing . No member of lhe public present offered testimony on lhis issue. After considering lhe statements of lhe witnesses , and reviewing lhe pertinent documents. lhe members of lhe City Planning and Zoning Commission made the following Findings and Con- clusions . FINDINGS OF FACT 1. THAT lhe proposed amendment of lhe Comprehensive Plan was brought forth by staff of lhe Neighborhood & Business Development Department of the City of Englewood . 2. THAT notice of lhe Public Hearing on lhe proposed amendment of lhe Comprehensive Plan was properly given by publication in lhe Englewood Herald on September 10, 1999 . • ,. ' • ., ,. ,: .., • .. ' • ) I . 0 - • • • t• ~~ •• . " . ~ .. -• • • .. ' 3 . THAT the proposed amendment to the Comprehensive Plan will acknowledge the im- pact of improvements to the South Santa Fe Drive/South Platte River corridor, and the development of a light rail system, on land use and development of adjacent and ad- joining properties in the City of Englewood: the proposed amendment will serve as a policy to address changes in land uses along this corridor . 4. THAT development of a land use plan for this corridor will encompass extensive study and mapping projects . The land use plan developed along this corridor will present an opportunity to effect compatible land uses in redevelopment of CityCenter Englewood , and for other corridor sites considered for redevelopment. 5 . THAT the proposed amendment to the Comprehensive Plan will add an additional "Course of Action" to the Transportation Chapter of the 1979 Comprehensive Plan . CONCLl.SIONS l . THAT proper notice of the Hearing was given by publication in the Englew oo d Herald on September 10 . 1999 . 2. THAT the light rail system and improvements to the Santa Fe Drive /South Plane River corridor have a great impact on land uses in this corridor. DECISION THEREFORE. it is the decision of the City Planning and Zoning Commission that the 1979 Comprehensive Plan. Transportation section, should be amended to acknowledge impact of improv ements to the Santa Fe Drive /South Platte River corridor and the development of the light rail sy stem on the land uses in this transit corridor . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on September 21 , 1999. by Mr. Willis. seconded by Mr. Stockwell. which motion states: Tire Planning Commission recommend to City Council that the 1979 Comprehensive Plan. Transportation Chapter , be amended by adding thereto the following statement to the Courses of Action : Construction of the light rail mass transic system through Englewood makes a dramatic change in the way the community is served by transit and offers significant new oppor- tunities for the land that adjoins the line and surrounds the stations . Specifically, much 2 , .. I • 0 I - AYES : NAYS : .. • .. ...... .... • •• .. ... .. of the adjoining land now in industrial and similar uses will become attractive for resi - dential, retail and other commercial development which is advantaged oy light rail ac - cess . land use and zoning decisions should be closely coordinated with rransponation system development to capitali:e on these new opporrunities and to eliminate obstacles to them . Ransick, Stockwell, Weber, Willis. Hayduk, Welker None ABSTAIN : None ABSENT: Rininger, Douglas , Lathram These Findings and Conclusions are effective as of the meeting on September 2 1. 1999 . BY ORDER OF THE CITY PLAi'lNING & ZONING COl\ilMISSION Carl Welker, Chairman f:'dqmnbd\11rouplboardS1 plancommlfi nd ings 1999\fof cp-99-0 I tr.ln sportatio n.doc 3 .. , .. .. ', • f . ' . ' I • 0 • • • To: Thru : From : Date : .. ,. ,,... • , ..... • -.. 11 E 11 o n .\ \ n 1 11 Planning and Zoning Commission Bob Simpson. Director. NBD Mark Graham. Senior Planner 41/-- September 7. 1999 ' ' Subject : Englewood Comprehensive Plan Amendment : Transportation Ame ndment Recommended Action Staff recommends that the Planning and Zoning Commissio n make a rec o mmendati o n to City Council to adopt the proposed amendment to the Transportati o n C hapter of the Engle\\OOd Comprehensive Plan. Proposed Amendment Transportation Consrruction of the light rail mass transit system through Engle wood makes a dramatic change in the way the community is served by tran sit and offers significant new opportunities for the land that adjoins the line and s urrounds the statio ns. Specifical(1 ·. much of the adjoining land now in industrial and similar use s will become auractive fo r reside ntial. retail and other commercial development which is advantaged by light rail access. Land use and :oning decisions should be closely coordinated wi th rran sporration syste m de1·elopment to capitali:e on these new opportunities and to eliminate obstacles ro the m. Background The Englewood Comprehensive Plan provides a community vision for the future devel o pment o f the City . The ·'Transportation .. chapter of the plan describes opportunities for Englewoo d to improve local and regi onal transportation capacity. access. safety , land us e. zoning. and air quality. The Comp Plan g uides the Commission. the City Council and staff as we re v iew and decide on reque sts for proposed developments . The proposed amendment permits re v ie wers to consider a de vel o pment proposal in the context of the public 's investment in transportation facilitie s . Staff is bringing this Comp Plan amendment forward to the Planning and Zo ning Co mmi ssion to acknowledgement that there are land use implications of the Light Rail Tran si t syste m and Santa Fe Drive impro veme nt s . Staff and the Commission will be considering and acti ng on th ose issues over the next nine month s. This communicates the message to the community that the staff and Commission are study in g Santa Fe Corridor transportation implications and that re-develo pment and future land uses need to s upport the public investment in transportatio n facilitie s . • ' ., ... . ' I • 0 • • -~----------------------------------·---• ,. ---· • , . • - COUNCIL COMMUNICATION DATE : October 18, 1999 AGENDA ITEM SUBJECT : Entry Port Monumentation , District 11 C ii Signage. and Parks Signage INITIATED BY : Department of STAFF SOURCE : Art Scibelli , Business Neighborhood and Business Development Development Coordinator COUNCIL GOAL ANO PREVIOUS COUNCIL ACTION: Quality of life , South Broadway Action Plan action item . No previous Council action . RECOMMENDED ACTION: Staff recommends that Council award the design contract to Tacito Design. BACKGROUND. ANALYSIS. AND ALTERNATIVES IDENTIFIED: Staff interviewed two design consultants for the Entry Port Monumentation, district Signage and Parks Signage contract. Tacito Design has extensive experience designing and constructing public facility signs . Tacito 's graphics and designs were more innovative and exciting than those of the competing firm . This consulting contract is about enhancing Englewood's community image and identity within the metro area -letting people know when they have arrived in Englewood . It ties together the commercial corridors, CityCenter, and parks ; one community, one identity . It takes into account the design elements that are already well underway, i.e . CityCenter logo, federal green color (similar to Englewood 's new forest green color) . banners on South Broadway, ornamental ironwork , colored concrete banding, and median design . It is a design effort that is intended to coordinate common community design elements . The entry port design proposal includes identity monuments at four key locations: North and South Broadway and East and West Hampden entry ports. Funding has been requested in the FY 2001 and FY 2002 capital budgets to construct these entry ports . District signage will be designed for the four distinct districts along South Broadway . Signage for parks and recreational facilities will be designed concurrently to provide for a unified community design theme throughout Englewood. I· 0 .]- • FINANCIAL IMPACT: .. . ' ,!'., • .... . •4 Tacito Design Proposal Numbers : • Entry Port Monumentation : • District Signage: • Parks Signage Design UST OF ATTACHMENTS: .. • .. • •• $38,000 $ 9 ,000 ~ ~I NBD budget NBD budget ... .. Parks and Recreation budget • Requests for Proposals -Entry Port Monumentation ; District Signage; and Parks Signage Design • Tacito Design proposal G:IEVERYONE\Leigh Ann\AGENDA\Oclober 18\CC Ent,y Port rec .doc '> • . .. .. ... 0 I . 0 32X • • .. ,, ----• ... .. .. • .. -' REQl"EST FOR PROPOSAL CITY ENTRYWAY MONUMENT A TION Purpose The City of Englewood is interested in strengthening community image and heightening aware- ness of Englewood. The selected consultant will assist the City of Englewood in the pre;iaration of design development level Entry Monumentation Concepts (plan, elevation. and details), as well as with public meetings. The Entry Monumentation concepts will be de velo ped in coordi- nation with City staff and citizens and will address topics including potential location. vehicular and pedestrian circulation. the desired image for Englewood, cost , material s. and meth ods of construction. Approach The selected consultant will attend a series of Work Sessions that include Cit y taff. Design Ad- visory Committee, and residents, as appropriate . The selected consultant will work with the City to generate alternatives for each of four potential locations for evaluation . The alternatives should include visual presentations. The consultant should seek agreement fr om the City as to which alternative best reflects the tone, style, and image of the corridor and the City . The monuments will be located at the Englewood/Denver border, the Englewood/L ittl eton border on Broadway, the Sheridan/Englewood border, and the Den ver/Engl ew ood border on Hampden Avenue . It is important that each entry reflect a unique nature reflect iv e o f the locat io n and neighborhood, and still project a consistency of style through common design elements and/or materials. All entry ports should be representative of an Eng lewood image . The Englewood im- age will be developed through discussion with the public , staff, and through review of back- ground materials provided by the City. The consultant should assist the City in seeking community su pport by leading meetings as ap- propriate , and by sharing ideas and listening carefully to community issues . The consultant should be an experienced environmental graphic designer with five or more demonstrable years of experience with civic projects of this scale . Designer mu st be able to design , document, and manage a large scale project. Advisory Committee The selected consultant will work with the Design Advisory Committee for the project consisting of policy-makers, representative South Broadway and Hampden Avenue merchants , residents, and City staff. This Design Advisory Committee would act as a sounding board and advocacy group to guide the work and to communicate with others in their constituencies . • ., , . .. \ ' ... • I • 0 • • • .. • --• • •• Suggested Scope of Work A. Entry Port Design: 4 Key Locations (submit separate proposed budget for this activity) I. Background Review • Review existing infonnation, photos, base maps, background materials pre- pared and gathered by the City; • Review City of Englewood history to assist in creating a design image: • Review infonnation for potential locations for monumentation along the South Broadway and Hampden corridors, characteristics, limitation s. and opportuni - ties at the following four specific locations : a) Automotive dealerships. Designer should examine city maps to detennine exact city boundary location. b ) The Hampden Avenue Sheridan/Englewood border (across from C ity- Center Englewood). c) The northern South Broadway border of Denver and Eng lewo od at Yale Avenue. d) Hampden Avenue Cherry Hills Village/Englewood border. 2 . Public Input 3. • The designer shall conduct a total of six meetings with the entry port/banner design team. This committee shall have community and corridor representa- tion. • Designer shall discuss issues on potential monumentation locations , principles and objectives for monumentation design , and City image with committee members. • Designer shall create a report documenting principles and objectives for the monumentation. This report should take the fonn of a design intent statement, which shall represent an objective list of criteria to which all parties can agree before design begins. The design intent statement should be a vehicle that al- lows the design team to build consensus amongst interested parties. Analysis • Prepare draft concept for monumentation locations identified in Item I above. a) Southern south Broadway Englewood/Littleton Border; ' . .. <, I • 0 I .]~ • • • • ''lf,, •. • - b) Hampden Avenue Sheridan/Englewood border across from CityCenter Englewood: c ) Northern south Broadway northern Englewood/Den ver border; d ) Hampden Avenue Cherry Hills Village/Englewood border. • A total of two design concepts should be presented for entry port monumenta- tion locations "a'', ;'b", "c ", and "d ". 4 . Concept Review • Advisory Committee review • Evaluate design concepts based on input from work sessi o n l and anal ysis • Consider implementation is sues associated with concepts • Objective : T o seek agreement from the Des ign Ad\'is ory Com mittee of which image/concepts best reflect the tone and style of the community by location . 5 . Concept Refinement. 6. Public review/open house meeting -present alternativ es deve lo pe d in step 3 above for public review and input. 7 . Alternative Refinement. Prepare alternative plans based on the input recei ved from staff. Design Advisory Committee, and the public/open hou se meeting input. 8. City Council Review • Present selected alternatives to City Council for final input . 9. Revise Graphics and Report as necessary. 10 . • Submit to City a graphic package and report to document the methodology, input and conclusions of the design process . The report will include selected alternatives, rationale of selected design alternatives. cost estimates, locations and materials . Designer should photograph sites during design process . Designer proposal shall include: • All phases of design from concept through installation of finished product. • Fabrication observation should be shown as a line item price to be accepted at a later date in the future . ,, . ., . ' I • 0 • •· < • .. . : .··'4 • .. .. ... .. B. District Signage Design (submit separate proposed budget for this activity): I . Conduct field review of four districts on South Broadway: a) North Gateway b) Downtown c) Chenyln d) South Gateway 2. Prepare two design concepts for signs in each of the four districts . 3 . Present ideas for siting of the signs in each district, i.e., at beginning and end of each district, etc. C. Parks and Recreation Department Signage (submit separate proposed budget for this ac- tivity): 1. Present two design alternatives for common use in 12 of the City 's parks . Said de- sign alternatives shall be by the Parks and Recreation Board and subject to re- finement after review. Parks are as follows: a) Baker b) Bates/Logan c) Belleview d) Centennial e) Cushing f) Duncan g) Emerson h) Hosana Athletic Complex i) Jason j) Miller Field k) Romans I) Rotolo f:\depllnbdlgrouplbuslartls . broadwaylrfps'enay pon monumen">lion rfp-2 .doc ., '· ,, .. . ' I • 0 J • • • TaCilo O:s1p. nt 5690 D TC Bo wln~ni S,mr .!20 fas, To&L'fT Engfr,.,,.,J. Col,,,ad,, 80 II I 03 8 50 919 - F.iX 303 850 93 I Septembe r 8 .• 999 Arthur Scrbellr Bus rness Develooment Coora rnator City of Eng lewood 11 West Hampde n/ 02 Englewood . Colorad o 80 110.2300 .. Re . Parks & Rec reation Sign age / City of Englewood ~ ---• • • Signage Desi gn and Oocume nr at 10n Serv ic es Pro posa l RE' ISEJ Dear Art . .. ,. ... Thank you for the opportun ity to submu thrs revis ed oroposal to prov1ce jes ,gn ano Jocurreotat ron ser.1 ces 'or ·ne >3 •,s ~ Re cr eatron s1 gnage des ign project Our scope of services and 'ees are aeta r ea be row Scope of Serv ices Prel iminary Des ign / Phase Meet w1tn clr ent to rev iew work to date . e:e rm1n e nee ds and establisn prror , ,es Wnte "Des ign In te nt Statement · outlini ng goa ls and ob1 ect1ves or the s,gn ai;e s.s:e11 Client review and app1oval Desi gn In e t Statement Sruay frn al. aporo ved oark plans Researc cod e and dis ab led acce ss reaurreme nts. ,nclud1ng the Amerrcans _.,un C1sam1rues :.ci V1s 1t 12 city parks to understand ex is ting condruons Pre pa re prelimrnary yo1cal Sign Loc auo n Plans , showrng aporo.imate sign loca ,on .n plan vi ew 1s,x s eets , Pn,pare ore li minary yp1cal Si gn Message Sched ule showing proposed ,ext for eac srgn numerrcall, <e ·1ed 10 Tyo1ca1 Sign loc auon Pl ans Iden 1fy srgn age system compone ts si gn i)'pes e g Par k 10 Ouect 1ona 1 ouce etc .I Cli ent re\i ew Pr elr m,nary Design pna se De sign Development,' Phase 2 Research mate nals processes co lor . i)'pograp h for the de si gn of the s,gnage Re search ·catalog· s,~n systems vs cus tom signs as alternati ve solut,ons Preoare sketcres of two schemauc design alm natrves for key sign i)'pes Review schema tic aes,gns with fao rrc ator for evaluation of ease of construc,,on Cli ent review sc emauc des ign alternatives He lp clien t to e rne a budget for fabrrcation and ins tallat ron of s1gnage f in al design 01 a11 si gns and mountrng ,nsta ll anon methods Creauon of a p1otor,oe sign for cl ent revie w Cli ent re>1ew Oes,gn De elopment phase ' ., . . ...: . I • 0 3 • • .. • -· • l• ·.•• • -' T aCiw Dt:slg,r . In . Parks & Rec reation Signage/ Ciry of Engle wood S1gnage Des ign and Documenta11on Servic es Proposa l/ REV ISED September 8. 1999 Page 2 Documentation / Phase 3 ,, Prepare design intent drawings for each of si x ant 1c1pa1ed sign 1ypes 1dim ens1oned and annotated \ Large Park ld en11 fic a1 1on Sign Small Park ldenu fic at ion Sign lar,o i1:118 Rg l&eflt if&in·en t ·gF bwal! iu l&irg ISent1fsat en b ~r I RtUF!ilfiil l B Net 68 I Q,i , ·u ,ta rsg ;igP -•as!! a·,-11 Net ica , Fr-eitaR&irg Preoare fin al Sign Spec 1flca11ons and Sign Bid Documents Client review Documentation pnase . completed s1gnage ~1d oackage Bid ding and Observat ion / Phase 4 Prepare lis t of recomme nd ed fabricators to b10 on Jr o1ec1 Issue bid packages to obtain compem rve i ao ri ca11on ano 1nstalla1,on bids Log and respond 10 bidder quest ions Ide ntify fi nal fabrication and in sta ll auon cost of all aocro ed s,gr age Re vi ew bids with cli ent for clari1y and accurac y ~ss1st client in award of bid and nouf ic auo n o uns ucces srul b1cce rs Meet with successfu l bidder for or ientat ion 10 pro 1ec1 1Ioca l\ Revi ew bidder s schedule for fao ri cauon and insta1 Iat1on or s1 gnage Re"ew shop dr awings and samo les. as requ ire d \loca l\ Coord inate fabnca11o n proces s and sch edule \\oca ll Ooserve aua li!y of abricauon and installat ion \l oca l\ Com pensat ion ... ... TaC ,10 Design . Inc will co mplete th e en tir e scope of wor k defined 1n this oroposa l. nclu d,ng rwo des,gr aJrern a/lVes for a fee of $14,SOO 00 ____ (,n,r,a/ ne,e ro acce pt rwo aes,qr afcern ac,ves / Ta C,ro Design ,nc w,11 coma/ere :ne eo 1e scooe of ivor< ae ,neo m rh,s procosal. mcfuaing rnree des ,go alternar ,ve s 'or a tee at 515 500 00 ____ /,n1r,a 1 here ro ac,eor r.11ee Jes ,gn alre rna r,ve s/ Shou ld this scope of work change s1gnif1c antly Ne will rev is e 1h1s oroposa l accordingly . Th is fee 1s based on our stan dard hour i rate s and we have esuma teo me sum oe r of ~ou rs .ve pro1ec to comple te the wo rk . This 1s a IDP·Set fee ano will not be exceedea w11hou 1 prior cli ent approval ' . -.: .. ., • ' . ) I • 0 32X . ] • • • .. • _. • ~ ... _, .. • • .. T aCito Dr.s ign . In c. Parlts & Recreation Signage / City of Englewood Signage Des ign an d Doc umenta non Serv,ces Prooosal / RE VISED September 8. 1999 Page 3 Re imbursable Expenses .. ... ., Re imbursable expenses will inc lu de Items such as color . larg e format and /or n,gn-resolut,on com puter output. blueilne orints . photograph y. si gn fabr ication and /or s,gn ,ns1allat1on long distance telephone calls. ;io stage express ma ilin gs and travel expens es . These expenses will be billed at cost plus 20"o S,gn ab ric at ,on and or s,gn ,nstall anon shall be orov,deo by an outside vendor . Ta Cito Design . Inc . does not fab rica te nor ,nsta ll s,gns of any ,ma We esti mate reimburs able s for the ent11e scope cf work defined ,n th,s orocosa l to cost appro,,mate ly 575 0 00 Pro totype signs . if requ ired . will be billed in add ition. Assumpt ions In preparing this proposal . we have as su med· a we w,11 rece ,ve from t e owner at no cos t are :oirole.e se o e,erv interior loor plan . in leg ible form . for our use ,n cr eat in g Sign Locat ion Plan s Please note that the costs of fab ricanon ana or ,nstal lanon are not inc lu ded ,n ,s orooosa, e :cm o :reanng S,ge Location Plans and/ or Sign Mess age Schedules are not ,nc luaea ,n this orooosa l We have assumed that the design and aoo •o,al orocess for n,s work ,v,II be ad ,nsterea bv a :nree ~e rson Clten Ge s,gn Te am. rathe r than the large -sca le pub lic proces s ·eQu,red or e :>try 0 ort MonulT'ents Mo re Extens ive de s,gn oro ce<s es w,11 be bi ll ed ,n add1t 1on Terms Due to the custom natu re of our service s a s,gneo cooy of th ,s oroposa , along w,t' a deoos 11 .n :ne amosnt or ~S 'o or o,r total desi gn fee . are req uested to beg ,n work We w,11 co mme nc e wa r, ,mmed,ate ly upon rece ,ot or: ese 1te s Th, deposit w,11 be app li ed to the final paylT'ent All services and expenses w,11 be b,ll eo as co oleted or ,ncurred and are due wuh ,n 15 davs o ;ne dat e of ,nvo ,ce A ch arge of 2% per mont will be added to all ,n o,ces no oa,o ·,11 h1n 15 cays Cancellation E1ther party may term ,n ate th is ag reement uoon ,ve days written notice to the other party , se nt v,a ,eg ,s tered a,1 In tne event of termination . TaC,to Des rgn Inc sha ll oe paid all fees and costs ,ncurred as of the da e of ern,nano n ac cordir.g ·o the terms outlined above If th,s proposal meets w,th your approval and acceptance . please sign in the spa ce orovided te 'ow and ·eturn one coo ·o our office . We lo ok forvv ard to working with you on this p101ect Sincerelv . Approved and acceoted ~ Robert W Gn aegy C,tv of Eng lewooo :oiorado Authomed Signature Corporate Se creta ry Date ... ' ., ~ I • C, • • • TaCi ,o Des,g,,, In c. i690 D TC &,ok>·•rd Svm 220 &Jr Tou'f'r Entl,wooa. Col,,rado 80 II I JOJ .850.9197 FAX 303.850.93 15 Septem ber 8 1999 Arthur Seibel!, Bus ines s Deve lopment Coord in ator City of Eng lewood 1 West Hampde n/ 102 Englewood Color ad o 60 1 0.2300 Re Dismct Sign age / City of Englewo od .. ,, .,,-·· • • •• Signage Design and Documentat ion Service s P·ooosa l, R:\IS ,D Dear Art. .. ... Tha nk you er the opportunity to su bmit th ,s revised prooosa l to pro vi de des ign and ocumentat ,on ser .. ces ·er: e : s:r .c : S,gnage design pro1ec t. Our scope of serv ice s and fee s are deta il ed be low Scope of Serv ices Prel iminary Design / Phase 1 Meet with cli ent to review work to date . determine ne ed s and establi sh prio111 1es Write ·oesign Intent Statement · outlining goals and objectives tor the District S1gnage S)Ste Cli ent revi ew and aoproval : Des ign Inte nt Statement Study final , approved streetscape plans Research code and Disabled ac cess rec uu ement s Visit s,te s w1 th1n tour districts to und erstand ex isung cond1t 1on s Prepare prelimin ar y Sign Locat ,on Plans . showing approxim ate s,gn locatio n in plan view esu ma ted = go sree :s, Preoare pre li minary Sign Message Schedule , showing proposed text tor each sign . nume 11c ally <e yea .o Si gn ,oc at on Pl ans Client review Pre li min ary Des ign phase Des ign De velopmen t/ Phase 2 Research materia ls. proce ss es. color , typograph y for th e design of the si gnag e Research ·ca ta log · sign systems vs cus tom signs as alterna tive solu tion s Prepare sketches of two schemat ic design alternat ives for District S,gn Review schem auc designs w,th fab ri cator tor eva lu ati on of ease of construct ion Cli ent review schem atic design alternau ves Help cli ent to define a budget for fabri cauo n and ,nstallauon of s,gnage final design of si gn and mount ing / ,nst all auon methods Creat ion of a prototype si gn tor cli ent rev,ew Cl ient review Design Devel opme nt pna se . . .. I • 0 . ] .. • t~ .... .. • •• T aCi io Dmp. ln r. District Signage / City of Englewood Sign age Des ign and Oocumen tat ,on Services Pro oosa l/ REVISE Septemb er 8. 1999 Page 2 Oocumentat ,on / Phase 3 Prepare desi gn intent draw,ngs for one an t1c 1oated sign type \d1mens1oned and annotatea ) Oism ct ldent1 f1c at 1on S,gn Prepare fi na l Sign Location Plan s Prep.re fi na l Sign Message Sch edu le Prepare fi nal Sign Spec1f1c at 1ons and Si gn a,a Documents Cli ent rev,ew Document ation phase :omp leted s1 gnage bid package Bidd ing and Observauon / Phase 4 Preoare li st 01 ·ecommena ed aoric arnr s to 01d on pro1ect Iss ue :10 oackages to obt ain competitive ab ri cat1on and inst all a11on bids Log and ,esoona to bidder auest1ons loe nt ,fy ,ina l 1ao r,cat 1on and in sta ll at ion cost of all approved s,gn age Re vi ew 01ds wnn ch ent ror clarity and ac cu rac y Assist cli ent ,n awa 1d of bid and no t1flc at 1on of unsu ccessfu l bidder s Meet wi th succ essful bidder tor orientation to pro 1ect {l oca l! Re vi ew b,dcer s sch edu le for fab ri cation and 1nstallat 1on of s,gnag e Rev ,ew s'loo dr awings and samp les. as rea uired 1loca l) Coord inate 'ao ric at 1on orncess and scn ed ul e lloca ll Obser.e Quali ty of fab ricat ion and ,nstall at ,on local1 Com pensation aC to Ces ;gn .nc Mil comp lete e ent ire sco oe of work ;je ined m his pr ooosa l or a tee of i ·~-gr,:~ 5E :~: 2J Shou ,a m,s sco oe of work cnange s11; ,11 cantl ,ve mll 'ev,s e th •s pro posa l 3ccordmgly Th ,s ee s baseo on ocr sra no ard hour ly rate s ano we ha e estim ated :he num ce, of hou rs .ve pro 1ect to comp lete th e work Th ,s ,s a to o-s e: ·ee and .•1111 not be exceeoed without prior cli ent aop roval Re imbursable Expenses Re ,mbursabh; exoense s w,11 ,nc lude ,tern s sue as color large fo rmat and /or h1 gh-reso lu t1on com oute, outcu t :i luelm e prints pho tograohy, sign fabn cat ,on and/or si gn nst all at1on long distance te lephone calls po st age exp ress 'Tla 1hngs ano tra vel expens es. These expe nses w,11 be bi ll ed at cos t plu s 20', S,gn fab ric at ion and/or si gn ,nsta ll at ,on sh all be provided by an ou tside vendor . TaC ito Oes ,gn . Inc . doe s not fabrica te nor install si gns of an y ,,nd We es ti mate reimbursa bles for the entire scope cf work def ined ,n this proposal to cost approxi mate ly 35 00 .00 P1ototype signs . ,f re~uire d. will be billed in add ition . Assumptions In pre ~ar ing this proposal . we have assumed th at we w1ll 1ece 1ve fr om th e a,-.ner at no cost. all pemne nt sm,mcape plans and elevation s. in legible form . for our use . Please note th at the costs of fabrication and /or 1nsta ll at1o n are not inclu ded ,n th is proposa l We ha ve assumed that the des ign and app rov al process for th is work ,.,11 be admm ste red by a hree per son Cl,ent Desi gn Te am. ramer th an the large -scale publ ic pr ocess reauued for the En try Par Monument s More extens11e ,es,gn processes w,11 be bill ed in add ition . ' .. I • 0 • • -· • ' ,.. ~f • •• .. T aCiro Des,!", Jn r. District Sign age/ City of Englewood Signage Des ign and Documentatton Servic es Proposa l/ REVISED Sept embe r 8. 1999 Page 3 Terms .. .. Due to the custom nature of our services . a signed cooy of th is proposa l. along wi th a depos it in the amount of 25'• of our total design fee . are requested to beg in work We will commence wo rk 1mmed 1ate ly upon rece ipt of th ese items Thi s deposit will be applied to the fi na l pa yme nt. All servi ces and expe nses will be bill ed as co mp leted or incurred and are due w1th1n 15 days of the date of invoice . A cha rge of 2% per month will be added to all invoices not paid w1th1n 5 days Cancellation Either party may ter minate this ag reement upon 1ve days writt en nouce o he oth er oanv . sent 1a reg ist ered ma il . In the event of termin ation . TaCito Des ign. Inc sha ll be paid all ees an d com incurr ed as of the ate of ,;;r m1n at1on accormng o the term s outl ined above . If this propo sal meets with your app roval ano ac ceptance ple ase si gn 1n e space oro ,iced oe 1ow and return one co ov to our offic e. We look forw ar d to working wi th you on this oro1ect Since rely . Aoo ro,ed 3nd am;oteo TaC ito De si gn . Inc . C1tv of Eng lewood Colorado ~,/.,r-~- ~~v Authori zed S1gnat re Corpo rate Secretar'f Date , . ... ... • I I • 0 32xll ·.] • • • T ,Ci,o Dt:sig,,. ln r. 5690 Dre s..,,, .• ,.· Su,u !JO East Tou'" EnJln-1, C.l,,""1,, 801/ I JOJ 850919 - F,iX 303 850.9315 Septembe r a. 1999 Anhu r Sc ,belli Business Deve lo pment Co ord in ato r C,ry of Eng lewood 11 West Hampden ; 02 Eng lewood. Co loraoo 80110.2300 Re Ent ry Pon Mo numents/ City of Engle wood ,,-. • • Srgn age & Environmenta l Gr aph ics Des,gn and Doc umenta 10n Se,,,c es 0 roposa l/ nE vlS ED Dear Ar ... ... Th ank you for the ooportun rty to subm it this revrs ed orooosa l to oro .,o: 1esr gn and jocu e" a1 ,on :es.rc es :or: e ,nuv Port Monuments des ign pro 1ec t. By re>rsing the scope or wo rk :ou e,,,. nate a s,gn,',c ant amo c t o· es,gr t.r"E ore.rous:, proposeo to take numerous desi gn concepts through the entrre 1es 11;0 cr oce ss As a result ocr 'ee 1as oee ~ reu uc eo s,gn , icant ly Dur revised scope of services and 'ee s are Je ta le: oe c:. iJe e e:J .e ro,age s sho :.n n :" : ·, _ , an o add r!lona l vero ,age ·s shown ,n ,ca uc Scope ot Se rvic es Preliminary Des ign Phase Meet wrth clr ent Ces ,gn ·earn to rev,ew work to oa te dete rm,ne nees s a10 es ab lrsh pr,011 t es Study oackgrou no .nrormat,on lo~otog rao hs map s etc , prov,oeo bv :e1,gn earn Study C, v o Engle•,.ood history and ore sent to de,e 1oo aporo o11 a,e : l\ ,,,.age Re search code i no ac cess reQurr ements isrt ou r si te s to und erstand emnng condrt,ons Di scus s ad vantage s. disadvantage s of potent ial monume nt 'ocat .ons Write ··De si gn Inte nt Sta te ent" outlinin g ob1ec11ve crite ri a for the 'llonument sy stem Bu ,ld consen sus among st Desi gn Team and ,n te res:eo parues arou na De si gn Intent Statement Cli ent revr ew ano appr oval De sign Intent Statement Evaluate issue s regard ing potenti al monument locat ion s wi th Design T ea rn Prepare prehm,nary Monument Location Plan s. sh owing approxi mate monument location ,n plan vi ew {fo ur sheet s, Prepare preliminary Mes sage Sch edu le. show ing proposed text for each monume nt. nume ri cally keyed to ocat ron Plan s Client review · P•e11 m,nary Des,gn phase repo rt • •, .. ... I • 0 . ] • • • .. • ,,,- • ,. • •• ' T aCito Dwgn. In ,. Entry Port Monument s/ City of Engl ewood Environmental Graphics / S,gnage Ces ,gn and Socum entat,on Services Pro posa l/ REVISED Septemb er 8 1999 Page 2 De sign De velopm en t/ Phase 2 Research materials . processes color typogr ao hy ior the des ,gn of the monume nts Research ·c ata log· systems vs . custom elements as alte rn a11ve or hyorid solut ,cns Prepare sk etches of three schemat ic design alternatives for monuments at Englewood, , tleton boroe, & Englewood /Sheridan border Review schemauc des igns with faoricator or eva lu auon of ease o construcuon Ci1ent review· sefl&FiHIE B55 gr ·l·: rr-·@: eva/Ua e scner97ar,c des gn a,rer1ar1ves afa ,r,s; :Jes qn r.:eri Staie,.,er: Rev,s,ons to incorporate Design Team inout Creatt on of three-d imensiona l comput er simul at io n of monument alterna 1ves or client 1 ev1 ew P e~i s sliote ro.: sf r o j£h-mat'e r ·1 g it-ca"'• ·s ;u =eRb a ·g at tng ie eee -8 : :@ e-& rr@ le · ·ees G .. :,r, u l's ma ·:-·-a ,e:· £ -01 ·: : j a1 -·: ·eh·m:r: J:: ~? •1t.:T ·" -: 3!3 --: ::: ;p ·er· S::-:m:r: ?e · c1ePs ·e see ae ·s ·: n-: g-·:·. rpb· He lo cli ent to de•ine a budget 1or raoricauon ana ,nstallauon at ,onum ent s Cre:H1on oft ree-d1mens1ona l computer s1mutat 1on o two :1:,a l monumel" fl=s ·g"5 ·or Ces ign -ea and il o·11sorv Committee review Present """8 one fina l des ign :onceot~ tor pub l.c re ,. e'n anc ~ommer. at oorri nous e r,e~t 1rig Meet wun cli ent to eva luate !,n al ,cmments ram es,gn -ea c, ano DLol,c Re visions :o ,r.corporate inal co ments as agreed Present -one ref ined . ina l man ,.me nt des ign;; o C,tv CoLnC'I 'or ,in al roLt Mee w, h client to evalL a e final co mments 'ram Couo:11 Rev1s1ol'1S to incorporate final co mems fro C1tv .. ounc il F,nal des ign of all monuments and 'T\Ounnng ,ns ta il at ,on metiods Clien t rev1ev1 Des,gn Develoomen "nase reoo r1 Docum enta tion Phase 3 Prepa,e de sign ,ntent draw,ng s or each 01 ,our monuments 1d1mens ,oned and annotated ! Prepare fina l Monument Locat1on P1ans Drepare inal Message Scheaule Prepare final graphic package cons,stm g of Des,gn ,ntent Drawings Spec ,f,cat,ons ano Sid Documents i Prepare Design Process Repo rt, doc .me nt ng ethodo logy monument locat ions . design alternauves rat ionale . ,neut , conclusions cost estimate s aro materials Client review Documentauon chas e co,r pletea graphic package and Design Process Repart Biddin g and Observat ion / Phase 1 Prepare l,st of recommendea faor ,c ators to 01d on project Issue bid packages to obtain competitiv e 'abncauon and installation bids Log and respond o bidder ques uons Identify final fabrication and insta ll at ,on cost of approved monument designs Review bids w,th client for clarity ano accuracy i Assist cl,ent ,n award of bid and no , ,cat ion of unsuccessful bidders Meet with successful b1dde1 or or ,en at ,on to pro 1ect lloc all° Rev iew bidder s schedule for faoricat ,on and ,ns ta ll auon of s1gnage • · Review shop drawings and samples as requuea lloc all' Coordin ate fabr 1cat1on proce ss ano sc~edu le \local}' Obs erve qua l,ty of faoncauon and .ns ta ll auo n >l ocal!' . • Fabncation er.auon 1.>!.A s ~Mn a ;et 1,nt 1Tem Dtlc.~ • ' ., .. .. . • • I .. I • 0 ·.] • t • • .. ,. • .. ·.·- • T aCi io Design. I nc. Entry Pon Monument s/ City of Englewood Environm enta l Graphics / Sign age Des,gn and Documentation Seivices Proposal i RE VI SED Seotember 8. 1999 Page 3 Compensation TaCito Des ign . Inc . w,11 co mp lete the enure sc ope of work defined in this prooosa l • not ,nc1u o,ng 1ao 11c anon ooseivat ,on tasks out lin ed above } for a fee of ~~ SJB,000.00. Fab11cation obseivan on tasks outlin ed above will be separately aop roved and sub secue nt l·1 co 01e1e d ·or an es ,rr ateo •e e of $6 900 .00 . Should this scope of wo1, ch ange s,gn rficantly , we will rev,se th is proposa l accorc ng'v nis 'ee s bas e:i on ou r s anoa ro hourly rates and we have esnmated the number of hour s we pro1ec1 to como lere tn e .va r, h,s ,s a roo -set ree ano w,11 no be exceeded without p11or cli ent approval. Re imbursable Expenses Re ,mbursable expenses w,11 ,nc luoe terrs sucn as :o lor large format ano or h1gi -·esc 1ut ·cr :cr,out er Ju:cct :i lu e .re punts . photography , fabrication and /or nsta ll anon . long dis tance eleo hon e :all s :os ta ge e10 1e ss 'Ti a11 rn ;s anc :ra .e exoenses Th ese exp en ses wil l be billet at cost plus 20'& Fao ri can on and 1or insta 1lanon or 'TIO nu ens sha 11 be oro,,oeo by an outs ide ve neer TaC1to Des ign . Inc does not fao11cate nor ins 1a 11 We estimate re1moursables for the enrne scooe of .vork defined ,n th is pr opo sal 10 ;ost a,o rcx ,mate 'v I' :CC JC Re imbursable Consulting Fees Ae ,mbursao le consulting fe es w,11 ,nc :ude ,tern s such as comput er s1mu lat 1on and enginee ri ng seiv ,ces hese ex,ense, wi ll be billed at cost plus 20",. Assumptions In orepar,ng th ,s proposa l we have assumed that we wil l rece ive from the cli ent . ,t 10 cos an ano a11 "er .nent ohotograpns . 11aos h1 sto11cal documents and ot er background materia ls con recaest Please note that the costs of fab11cat1on and /or ,nst allat,on are not inc luded ,n this orooo sal aC ,to De si gn Inc sha ll conduct a ota l of six meetings with the entry port de s,gn :earn Due to the custom natu re of our seiv,c es. a signed copy of this proposa l along ·.vi th a deposit ,n the amo unt of 25 '1> of our tota l design !ee . are reques ted to beg ,n work . We will commence work ,mmed ,ate ly upon rece ipt of these nem s. Th,s depos it w,11 be appl ied to the fin al payment . All seiv,ces and expenses w,11 be billed as com oleted or incurred and are due w,t ,n 15 davs of the date of invo ice A c arge of 2", per month w,11 be added to all ,nvo,ces not paid within 15 days ' . ., .. .. ', I • 0 - • • .. • .. :·.·, • •• ' ... ... T •Ci to Deug,,. Jn r. Entry Port Monuments/ City of Englewood Environmental Graph ics / Signag e Des ign and Docum entation Services Proposal / REVISED September 8. 1999 Page 4 Can cellation • Eime r pa rty may termi na te mis agre em ent upon five days wri ne n notice to the other party . sent vi a regis tered mai l In the event of termin ati on. TaCito Desi gn, Inc. sha ll be paid aH fe es and costs incurred as of the date of term 1nat1on according to the terms out li ned above . If this proposal mee ts with your approval and acceptance , please sign 1n the space prov id ed be low and return one co py to our office. We look forvvard to working with you on this pro1ec t Sincere ly, TaC ito Des ign Inc ~C) Robert W Gnaeg~v Corporate Secretary Approved and acceoted City of Engle wood Co loraoo Au tho nzeo SignatL re Date • ' .. 'r.· .. ... .. . ' . I • 0 32X -t• RESOLUTION NO . ?3__ SERIES OF 1999 • , .. .. • .,,-- • • - .. . .. .. .... .. A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY MANAGER. WHEREAS, the City Council , by Section 49 of the Englewood Home Rule Charter. has the responsibility of appointing and establishing compensation of the City Manager ; and WHEREAS. after discussion and agreement with the City Manager the City Council has determined to increase the salary of the City Manager; and WHEREAS , the City Council will review the City Manager salary again in six months after receiving a report evaluating cities total compensation for City Managers; NOW , THEREFORE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, THAT: Sectjon 1. The annual salary for the City Manager is hereby established at $100 ,000 . commencing November 1, 1999. ADOPTED AND APPROVED this 18th day of October, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis. City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood , Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 1999. Loucrishia A. Ellis ' ... 12 bi '~ .. ·. ., I • 0 • • RESOLUTION NO. qj, SERIES OF 1999 "" .... .. • • •• ' .. ... A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE CITY A'ITORNEY. WHEREAS, the City Council, by Section 64 of the Englewood Home Rule Charter, has the responsibility of appointing and establishing compensation of the City Attorney ; and WHEREAS, after discussion and agreement with the City Attorney the City Council has determined to increase the salary of the City Attorney; WHEREAS, the City Council will review the City Attorney salary again in six months after receiving a report evaluating cities total compensation for City Attorneys ; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The annual salary for the City Attorney is hereby established at $95,000 , commencing November l, 1999. ADOPTED AND APPROVED this 18th day of October, 1999. Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado , hereby certify the above is a true copy of Resolution No .~ Series of 1998 . Loucrishia A. Ellis "· .. . ' . 12 b ii ) I • 0 3 xi - • • "'•.; .. .. RESOLUTION NO .< SERIES OF 1999 ·~ • ~ -· • .. • -.. ... A RESOLUTION ESTABLISHING THE ANNUAL SALARY FOR THE MUNICIPAL JUDGE. WHEREAS, the City Council, by Section 68 of the Englewood Home Rule Charter, has the responsibility of establishing the salary for the Municipal Judge ; and WHEREAS , after discussion and agreement with the Municipal Court Judge the City Council has determined to increase the salary of the Municipal Court Judge : NOW, THEREFORE , BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Sectjon 1. The annual salary for the Municipal Court Judge is hereby est a blis hed at $89,000, commencing November 1, 1999. ADOPTED AND APPROVED this 18th day of October, 1999. Thomas J. Burns , Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis , City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No ._, Series of 1999 . Loucrishia A. Ellis , " , .. "' ' _, ' .. , I .. • • 12bffl I • 0 32><: .] • • .. • -• '· <' ... • .. -" P .01 Oct -14-99 10:19A ""°"·,w ·•• J •""" •, I·~· I /& .a•i•t. 9J• \1141 • wr ~•• •1a~1wn 1 , CITY 01' U'Ml.ETON, COLORADO ....... No. ...!2 ?/)~{; Serlaa-61"9 A USOLtmON OFTRB aTY <X>tJNOL OFTBE ary OP lJnU:TON, COLOlt.\DO, st7PPO&TJNG STATE RD'EUNDUM A AND TD Rm BALLOT QvaTION IN OllDBR TO IMPLDflNI' TRI SOU'l'BEAST COIUUDOR Mt1L11M0DAL PROJECI', WRERKAS. tbe Colocado <ilaeral Aslanbly 1111 der.a to die VOfCrS JleCcRndwn A CODeenaina llw luunc:s of Trasponazio11 Rcwnue Anlicipldoa NOia (TRANS) to accelcrata c:oqiledoa ol crilical !nlllpOl1llioa projecta lbroupaur lbe stile; 111d WHEREAS, lb: RqioMI Trmsponllion Dislrict Board of Dinx:tm oo A11pat 4, 1999 refen9d cotbc vocen oldie disn:t apropoMd boad ial& and TABOR uempcloo question ; 111d 'WJIEREAS, !be entire reliOD and its c:itiaas will benef'at. din=ctly or iDdnctly, from rm lalllpClrUtion imprcm:mentl filllDl*I dlraqb IWlll'Clldum A 111d die Rm balJc< quation; and WIIERltAS, bodl Referendum A and tbe RTD ballot quatioa do not require new WJIEPEAS, to acmavc die bcnel'III dacribcd abcwe, it ii impcnllvc dial bolb lldelmdllDl A lllcl lbe R11> hllloc qllllriom be wpporllCI u III iaepllled campaip and dw bolh -bl approved by die wrcrs. NOW, i"IIDDOU. IE ff DIOLVll>BYTBI aTY COUNCD. Ol'TBE aTY OPLn"l1.ETON, COLOaADO, THAT 1111 COIIIICII llefcby aappons Refacndum A, the TrllllpCIIUlioa Rnemlc AadciplliOII NOia prclpOIII. and 111c Jt.eajnnal Tnnap,nation t>iscrict's lip nil bond iaaoad TABOR.uaapliaa blllCIC tpllticla. BE IT nJki HU JU::SOL VIO Iba! the Liulccon City Council macs Littleton cititens to~ boch ballot qaatiom on No¥1111bcr 2, 1999 . INTRODUCED. READ AND ADOPTED at I rc1ularly ICbcdaled mcetin& of !hi: City C01111Cil of the Cicy of LittletOQ, Colorado, on !be _lll,day of ..J!ll21M1r 19.ll at 7 :00 p .m. 1& lbe Uuleron Center, W5 Wat hi)' Avenue, Ualccon , Colorado. ' '· ' . ' ,, I . 0 - • • Oct-14-99 10:19A .. nt ly: CITY OF LITTLETON; • ATll!.!T: l•I Jalta ..._r APPROVBD M TO FORM: ,., Larrz lorliGIJtta • • • .. 308 7115311 Ii OCt·13·118 5:04PM; .. ' ' P.02 Page 2/2 I I ... I .. • 0 32 I • • t· •• , .. ~ ,,-. • • -.. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY. OCTOBER 18 , 1999 7:30 P .M . 1. · Call to order. f) :o/5 ~ 2 . Invocation . ~ 3. Pledge of Allegiance . ~ 4 . Roll Call. /5~ / ,2._~ 5. Minutes . ' ' an-4 5'-0 a . Minutes from the Regular City Council meeting of October 4 , 1999 . ~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes .) ft 7@-S1rJ.,C~le~e Ii · ou pr · utes .) 8. Communications, Proclamations, and Appointments . ~,t) Proclamation declaring the mon~h o; November as National Hospice Month . ~ ~:ffli9ii:tr •. 1iJr A~ ==~56~,g to G,oop U,ing Fa · ities . S'-£) Ht)~e!4L - PleaM note: If you have a d llty and nNd auxlllary aids or Nl'Vk:N, pleaH notify the City of Engi.wood (303-712-2405) at least 41 hours In advance of when urvtc:a .,. needed. Thank you. -. I . 0 • • .. • } v •. . . • - Englewood City Council Agenda October 18, 1999 Page2 10 . Consent Agenda . a . b . C. i. Approval of Ordinances on First Reading . ~ / Oa I COUNCIL BILL NO . 61 -Recommendation from the Department of Financial Services to adopt a bill for an ordinance amending Ordinance No . 53 to correctly state the month in which the Paving District 38 Bonds will mature . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. es~,tion,an~::::• Se;;~ {c,~ )~ i. Recommendation from the Littleton /Englewood Wastt~/l;~reatment Pia~ Supervisory Committee to adopt a resolution approving the sole-source purchase of an Adjustable Frequency Drive and motor from Energy Management Corporation for a total cost of $46 ,794 .00 . STAFF SOURCE: Stewart H. Fonda, Director of Utilities. ii. Recommel'ldation ffom the Littleton/Englewood Wastewate r Treatment Plant Supervisory Committee to approve . by motion . the purchase of a roof for the . digester complex . The Comm ittee recommends awarding the bid to the low bidder , Dougla£iRoofing Company . in the amount of $178 .800 .00 . STAFF SOURCE: Stewart H . Fonda, Director of Utilities. iii. Recommendation from the Department of Financial Services to approve . by motion, a contract for an Electron ic Document Management and Imaging System. Staff recommends awarding the bid to the lowest technically acceptable bidder. Avacom . in the amount of $75 .161 .00 . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. ~ iv . Recommendation from the Department of Neighborhood and Business ~WA,i'5 ,{) Development to approve , by motion . a transit/bus shelter contract with Outdoor Promotions . STAFF SOURCE: Art Sclbelll, Business ~ ~~Development Coordinator .• ~ 11 . Regular Agenda . a. Approval of Ordinances on First Reading . COUNCIL BILL NO . 63 -Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance amending Englewood's Comprehensive Plan to accommodate the regional Urban Growth Boundary desc · in MetroVision 2020 . STAFF SOURCE: Mark Graham, Se , "° Plene nota: If you have a dlaablllty and need auxlllary aids or aervlc:n, please notify the City of Englewood (303-782-2405) at lust 48 hours In advance of when servlc:n.,.. IINded. Thank you. • I • 0 2 • • • ,,... . • , . • - ,':nglewood City Council Agenda October 18, 1999 Page 3 b. COUNCIL BILL NO . 59. Recommendation from the Department of Financial Services to adopt a bill for an ordinance approving the City of Englewood's Budget for the year 2000 . STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. ~ iii. COUNCIL BILL NO . 60 • Recommendation from the Department of Financial ~rvices to adopt a bill for an ordinance appropriating funds for Fiscal Year :--l'-~00. STAFFS URCE: Frank Gryglewicz, Director of Financial Services. iv. COUNCIL BILL . 58 • Recommendation from the Department of Financial Services to adopt a bill for an ordinance establishing the 1999 Mill Levy to be ~lected in 2000 . STAFF SOURCE: Frank Gryglewicz, Director of Wnanclal Services. ~ v . COUNCIL BILL NO . 62 • ReJ'rffmendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance approving an Intergovernmental Agreement with Flood Middle School for the improvement of the school's north playground as part of the South Broadway {) Action Plan . srtJ;f J?~R,<:._E:,,Art Scibelll, ~usiness Development Coordinator. w -r/'IV"'-' vi. COUNCIL BILL NO. 64 -Recommendation from the Department of Public Works to adopt a bill for an ordinance approving the vacation of a water and sewer easement at CityCenter Englewood . STAFF SOURCE: Rick Kahm, 10J 1 ~iul Proj~~!'!~lre~or, Englewood Environmental r7' ~"&\lndatlon. ,, fA./"{/'/"~ - Ap~f Ordinances on Second Reading . c. Resolutions and Motions. ;2 _ Ci I')_..--i. Recommendation from the Department of Neighborhood and Business KJj).(J::/F ..-1--r Development to adopt a resolution amending Englewood's Comprehensive -. ~~ ,(!_,Ian by inserting language pertaining to transportation and Santa Fe Corridor rr -investments . STAFF SOURCE: Mark Graham . Senior Planner~ ii. Recommendation from the Department of Neighborhood and Business Development to approve , by motion . a design contract for entry port monumentation, district signage, and parks signage as part of the South Broadway Action Plan . Staff recommends awarding the contract to Tacito Design. STAFF SOURCE: Art Sclbelll, Business Development ~c;:a··- PleaH nota: If you have a dlublllty and need auxlllary aids or services, pluH notify the City of Englewood (303-782-2405) at least 41 hours In advance of when services are needed. Thank you. I • 0 • • Englewood City Council Agenda October18,1999 Page4 12 . General Discussion. a . Mayor's Choi ... . ,, . .. b . Council Membe 'Choice. '; .. • . --· • .. • -.. .... ~ 1Ja.e./-i5 ~-fJ.ution approving the City Manager's salary . ~ ~ 9:/:_, ~uf;),, approving the City Attorney 's salary . ~ ~m.~ngtneM,n;dpajJooge·,sa~ 13. City Manager's Report. a . CityCenter Englewood Update . 14 . City Attorney's Report. The following minutes were transmitted to City Council between 10/01/99 and 10/14/99: Englewood Non-Emergency Pension Board meeting of July 13 , 1999 Englewood Non-Emergency Pension Board meeting of August 16 , 1999 Englewood Cultural Arts Commission meeting of September 1, 1999 Englewood Liquor Licensing Telephone Poll meeting of September 1, 1999 Englewood Parks and Recreation Commission meeting of September 9 , 1999 Englewood Public Library Board meeting of September 14, 1999 Englewood Non-Emergency Pension Board meeting of September 20, 1999 Englewood Planning and Zoning Commission meeting of September 21 , 1999 Englewood Liquor Licensing Telephone Poll meeting of September 22 , 1999 ' . PINN nola: If you have• dlublllty and need auxlllay aids or NMeN, plNN notify the City of Englewood (303-712-2405) at !eat 41 hours In advance of when NrVlc:es .. needed. Thank you. • ' . . . \ ) I· 0 2 I -----~---.. .. ----~-----.. • • --. 0 . . - ~ tJI_,~ !Ojf'/97 . / M ~ 0=13,~ ~-~~ 3-~~~~ +. Ruf Ulj: . v- t,(V'"~ V /~LI.JAi It ~v w41 v'" ~ ~ ~2_ 5. A) ~ !O)t/(99 ~ . !f4J4µ1) ~ • ~,D • • ' . I . ' . ,. G ... - .· qd, ~/klzµJ1!dt- W3 r~ wv{ /)W()IJL~ ~/~- • • I . 0 .. . . ., .... , -' ) • • I . 0 l --• : I • • • r, I , l~ .r.:J,,/ /0 .(}J"~ /!Li ()IJvk_ -- ----------- .. --. Ci) - ---------- • • -• I . ·• ,. ,,--. -' ) • • I· t -• Jj ·• ,. 0 - 0 • I I • I . • ·• p • .. 0 -.. I .