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HomeMy WebLinkAbout1998-06-01 (Regular) Meeting Agenda- - • • t• . -' JUN£ 1, 1998 REGULAR CITY COUNCIL M££TING ORDINANCE t ~ ~ 38, 39, 40, 41, 42, 43, 44, 45 RESOLUTION~ 57, 58, 59, 60, 61, 62, 63, 64, 65 ,. - • 0 • I· • 0 , !I - ]- / • • • • 0 ·, • .. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar SeaioD J•ae 1, 1998 I. Call to Order The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :53 p.m . 2. lavocation The invocation was given by Council Member Nabholz. 3. Pled&e of Alleciance The Pledge of Allegiaooc was led by Mayor Bums. 4 . RollCall Present: Council Members Nabholz, aapp, Garrett , Bradshaw. Habenicht, Waggoner, Bums Absent : None A quonun was present. 5. Mlaates Also present : City Maagcr Sears City Attorney Brotzman City Clcrlt Ellis Director Simpaon. Ncipbomood 111d Business Development (a) COUNCIL MEMRR allADSIIAW MOYD, AND IT WAS SECONDED, TO APPROVE THI. MINUTES OF 1111: llEGULAll MUTING OF MAY 11. 1"'- Motion carried . Aycs : Council Membcn NalJWz. Gama. Bradshaw. Habenicbl, Wagoner, Clapp. Balas Nays: None 6. Sd1cdtlled Vlliten (a) Rosemary LaPona Kreiger and Janel ~ from the Englewood Cultural Arts Commission wen: present to express suppon for a proclamation bonoriag the Tenth Anniversary of the Englewood Downtown Development Authority 's Sounds ol Summer Concert Series. Ms. LaPorta Kreiger stated that tonipt is~ impo,1alll to her, bccaUle she has the opportunity 111d pleasure of commending the City Council on a number ol things. She said llhe thinks it is conuneadable thal the City Council is doing. what they have been doing. in the last couple of ycan with this project in Englewood, it is phenomenal . She noted she can recall Slallding bcf'on: Council two and a half years ago, as a member olthc Ea&lcwood Cultural Arts Commiuion and she ra:iommcnded 11111 lhc Foley 's buildiD& be utilized, instead of destroyed . Never did she dn:am that the building would become a civic and cultural ' • •. •· • 0 f • • • • • Ea&lewood City C-'I Juel, 1991 Patel center right in the heart of a mixed use, transit oriented devclopmcnt. Mayor Bums commcnlcd that they didn't either. Ms. LaPorta Kreiger advised tbal., on behalf of the Englewood Cultural Ans Commission, she wanted 10 commend Council on the special m:ognitioo they arc giving the Englewood Downtown DcYclopmcnt Authority for their Tenth Anniversary of the Sounds of Summer CGIICCl1 Series . She Slaled this has become a very important, and sua:esaul, aaltural C\'ellt for our City, of which wc can all be proud. Ms. LaPorta Kreiger advised tbal., 10 add to the Sounds or Summer Concerts this year, which begins June I Ith, the Englewood Cultural Ans Commission has ac:quiml two sculptura that arc going to be placed in the Little Dry Creek area before the cooccns begin. Chilcl or Peace is being given to us , for our use , by the Museum or Outdoor An and will be placed on a pedeltal that is on the north side of Little Dry Creek. She shared a picture of the sculplun: with Council. Ms. LaPona Kreiger advised that they have been very gracious to do this and we arc so l!ppftlCialivc of their cfl"orts that went into acquiring this for us. The other saalpturc, which will be placed on the south side, under the umbrellas, will pn,viclc an aesthetic value as well as a hands-on experience. The artist's name is Joseph Riebe and she thoupt he would start putting up the saalpture tomorrow . The title is yet unknown . Ms . LaPorta Kreiger Slated they mdly apprcciale the opportullity to rcprescna our fine City in bringing these art works to our cilizlns. She advised that these two pieces or sculpture represent the two successful projects of the Cultural Ans Conunission' s Art in Public Places Program. Again, she said, thanks to the Museum of Outdoor Arts, Rodney Lontinc, as well as Joseph Riche . Council thanked ti-i for all dlcir work. (a) Marilac lJaer, die Cily's owac:r's n:pracnlal.ive on the Cinclcrclla City projcc:l. said she just wanted to take a llllllllle 10 ... abcllll die qllClllioD ol naming the pn,jcct. Wllidl, slle lllid. slle knows bas been I hip priority for CwiJ ad Im rcceivcld a lot o( inlCrcst from the CIOW!NM!ily . Sbc advised that what slle is -~---, 10 Cwil is ... die ~ is part of an ovcnll idelllily 11n1egy lllll aecds to be carcfidly CXJalidcnd far die._ pnijcc:t ad ii 111110 do with the logo, the i-,c WC pn,jcct or the danc. She neidaiNd it is a *)' mpar1al llep tllll WC should look at in ill ealin:ly. She opilled 11111 it should clcfinilcly illclade die . ,. bllt ii .... also incl..-die Council ad die~ ad pniblbly some p, ( . 1111111 ill die field ........ lielp • with Ibis. She poi8led GUI dla tllis is • ~ amtdilig dclasioa, ... will 111M a big illlpac:t OD the -or tllc pn,jcct ad WC will be livillg with die clccisioll far a ic,.. liae. So. * lllid. * WOllld ..... M we look al ii ill Siad)-Salioa in die next dne 10 '-wecb. Council Member ............. Ibey pul it OD die Jaly 6• Sludy Salioa. c-:il ..... 8. c, ..................... _ ...... _A.f,llatrr ta (a) A proclamation declaring June, 1998 • Colorado Recycling Month w considcrcd . COUNCIL MEMBER 8RADSHAW MOVED, AND IT WAS SECONDED. TO PROCLAIM 111E MON111 OF JUNE, 1'91 AS COLORADO RECYCLING MONTIL Motion carried . (b) Ayes : Council Maabcn Nabbolz, Gama. Bnldshaw, Habcnicbt, Waggoner, Clapp. Burns Nays : None A proclamation dcclaring Jw 14, 1998 • Flag Dly w c:widaed. • . .. • • 0 - • • • • • En&lewood City Council Juae I , 1991 Pa&el COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION PROCLAIMING JUNE 14, 1991 AS FLAG DAY IN THE CITY OF ENGLEWOOD, COLORADO. Ayes : Nays : Motion carried. Council Members Nabholz, Gam:tt, Bradshaw, Habenicht, Waggoner, Clapp, Bums None (c) A proclamation honoring thc TClllh AnnMrsaly ofthc Englewood Downtown Development Aulhorily's Sounds of Summer Concat Series was considercd. The City Clerk rad thc proclamllion in full . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING THE TENTH ANNIVERSARY OF THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY'S SOUNDS OF SUMMER CONCERT SERIES. Motion carried. Ayes : Council Mcmbcn Nabholz, Garrat, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None Mayor Bums prellClltcd the proclamalion 10 Ron Kientz, Chainnan of thc Englewood Downtown Development Amhority . Mayor Bums COIIIIIICllled oa lmw much we enjoy these concens and an: looking forward 10 them. He DOied dlcft will bo thc Tlllle al Eqlewood ~ just before die -1 ncxt week. Mr. Kiau had a copy or thc brochure, which was put toplher by Harold Cdva. He dllaked Mr. Cdva and aid be did a wondcrf'ul job. (d) Pmdaawioas '-1111 graduates afdle Oratcr Eaglc,iwood Chamber of Commerce's Lcadenllip Englewood pnllrUI -COlllidered. Mayor Bums asud • die Ci1J Clellt rad die fi,. -ad, lie IIOICld. all al die others rad exactly thc same . (il 111c City C1cr1t rad ill ruu 111e pmc:1..,,.,. lloaaring Nancy Akers on 11cr succad'ul completion af the Lcadenllip Eaglewood ......... COUNCIL MEMKR BABINICBT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING NANCY AKIIIS ON BER SUCCESSFUL COMPLETION OF THE LEADERSHIP ENGLEWOOD PROGRAM. Motion carried. Ayes : Council Mcmbcn Nabholz, Gama, Bradshaw, Hallcnittt, Waggoner, Clapp, Bums Nays : None Mayor Bums prellClltcd thc proclamauon 10 Nancy Akers. (ii) COUNCIL MEMBER BABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING LAURI CLAPP ON BER SUCCESSFUL COMPLETION or THE Ll:ADEIISHIP ENGLEWOOD PROGRAM. Ayes : Council Mcmbcn Nabholz, Oarrdt, Bradshaw. Habcnichl, ,. - . ' .. • • 0 • • • En&kwood City COllacll J1111el,1991 Pqe4 Waggoner, Clapp, Bums Nays : None Motion carried. Mayor Bums presented the proclamation to Lauri Clapp. (iii) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING ROBIN LENZ ON HER SUCCESSFUL COMPLETION OF 111E LEADERSHIP ENGLEWOOD PROGRAM. Motion carried. Ayes : Council Members Nabholz, Gamtt. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None Mayor Bums presented the proclamation to Robin Lenz. (iv) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING CORRINE LINDSEY ON HER SUCCESSFUL COMPLETION OF THE LEADERSHIP ENGLEWOOD PROGRAM. Motion carried. Ayes: Council Members Nabhotz, Garrett. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None (v) COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING DEBI MEDLOCK ON HER SUCCESSFUL COMPLETION OF 111E LEADlllSHIP ENGLEWOOD PROGRAM. Motion carried . Ayes : Council Members Nabholz, Gamtt. Bradshaw, Habenicht, Waggoner, Clapp, Bumi Nays : None Mayor Bums prelCllfCld the plOClamllioD IO Debi Medlock. (vi) COUNCIL MEMKR BllADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING ANN NABBOLZ ON HER SUCCESSFUL COMPLETION OF 111E LEADIUSHIP ENGLEWOOD PllOGMM. Motion carried. Ayes: Council Melllben Olma. Bladmw. fllllcnich&. w...-,-. Clapp, Bums Nays: None Abllain : Council Member Nabllolz Mayor Bums presented lhe proclamllion 10 Ann Nabholz . (vii) COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING SHANNON O'LEARY ON HER SUCCESSFUL COMPLETION OF 111E LEADERSHIP ENGLEWOOD PROGRAM. Motion carried . Ayes : Council Members Nabholz. Gandt, Bllldshaw, Habcnichl, Waggoner. Clapp, Bums Nays: None • . .. • • 0 , -• 0 - <. Ea&lewood City Council Juae 1, 1998 Paae5 Council Member Clapp accepted the proclamation on behalf of Ms. O'Leary. (viii) COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING DEBBIE PERRY-SMITH ON HER SUCCESSFUL COMPLETION OF 111E LEADERSHIP ENGLEWOOD PROGRAM. Motion carried. Ayes: Council Members Nabholz, Gam:tt, Bradshaw, Habenicht, Waggoner, Clapp, BW11S Nays: None Mayor Bums presented the proclamation to Debbie Perry-Smith. (ix) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING PATRICIA STEVENS ON HER SUCCESSFUL COMPLETION OF 111E LEADERSHIP ENGLEWOOD PROGRAM. Motion carried. Ayes: Council Members Nabholz. Gam:tt, Bradshaw, Habenicht, Waggoner, Clapp, 8IU1IS Nays: None 9 . hbllc Hcaria1 No public hearing was scheduled before Council . 10. C....aA.-da (a) Approval of Ordillanccs on Finl Readiag COUNCIL MEMBER GAJUU:1T UMOVED 10 (a) (Iii) FROM 1111: CONSENT AGENDA. COUNCIL MEMKR aRADSHAW MOVED, AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA lffMS 11 (a) (I), (Ii)_. (iv) ON mtST READING. (i) COUNCIL Bill. NO. 27. DffllODUCED BY COUNCIL MEMBER BRADSHAW A BllJ.. FOR AN ORDINANCE APPROVING 11tE RENEW AL OF AN AOREEMEKT WITH 11tE COLORADO HUMANE SOCIE'IY AND 11tE CITY OF ENOLEWOOD FOR nlE LEASE OF nlE ENGLEWOOD ANIMAL SHEL'JEl (ii) COUNCIL BIU. NO . 21. INJllODUCED BY COUNCIL MEMBER BRADSHAW A BIU. FOR AN ORDINANCE REPEALING 1111..E IS. OF 11tE ENGLEWOOD MUNICIPAL CODE 198S AND ENACTING A NEW Tl11..E IS amn..ED MNUJSANCE ABATEMENT." (iv) COUNCIL BILL NO. JO , INJllODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE ENACTING A NEW TITLES, CHAYraR 27 , OF nlE ENGLEWOOD MUNICIPAL CODE 191S EHTlll.ED TELECOMMUNICATION FACILITIES AND TOWERS . Voteraalta: "' - •· • 0 ' .. I - • • • • (• . • ' .. Ell&lewood City Council Jaae I, 1998 Paae6 Motion carried. Ayes : Council Members Nabholz. Gam:tt, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None (iii) Council Member Garrett explained thal he has a a,nllict with Council Bill No . 29, therefore he will absCain from voting. Mayor Bums stak:d he has been advised, by the City Attorney, thal this is a Title 16 maner in the Englewood Code, therefore they need to set a public hearing on this item. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (iii) -COUNCIL BILL NO. 29 ON FIRST READING AND SET A PUBLIC HEARING FOR JULY 6, 1'911. COUNCIL BILL NO . 29, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE AMENDING TITLE 16, OF 11fE ENGLEWOOD MUNICIPAL CODE l 98S WITH 11fE ADDfflON OF A NEW TITLE 16, CHAPTER S, SECTION 29, ENTITLED TELECOMMUNICATIONS ANTENNAE AND TOWERS WHICH ESTABLISHES STANDARDS FOR THE DEVELOPMENT OF TELECOMMUNICATIONS ANTENNAE AND TOWERS AND THE INSTALLATION OF RELATED FACILITIES AND MOVING 1Tl1..E 16. CHAPTER 4, SECTION 21 TO 1111.E 16, CHAP'rnR S, SECTION 30, ENTITLED SATELLITE DISH ANTENNAE IN THE CITY OF ENGLEWOOD, COLORADO . .. Ayes: Nays: Abstain: Motion carried. Council Members Nabholz. Bradshaw, Habenicht, Waggoner, Clapp, Bums None Council Member Garrett • •••• Council Member Habenicht asked if they need to set a public bearing ror the bill for .. onlinanc:c amending the Nuisance Abatement section of the Englewood Municipal Code. City Auomey Brownan advillcd they may, but they don't have to. He explained tblt it is only mning onluwlCCs that Rquire a public bearing. Council Member Habenicht mlcd that she thoug)ll it would be appropriate to do so . Council Member Bradshaw said she didn't. Mayor Bums commenlcd that he didn't see a real need ror it either. He asked Council Member Nabbolz if she had a comment . Ms. Nabholz advised that there has been a lot of input. in order to get this public nuisance ordinance into dJcct. Council Member Bradshaw stated that she sees ii as a delay that she thought the public has had more than enough time on the nuisance abalemcnt . Council Member Nabholz advised that ii was explained to them. by Dan Brou.man. that this is a step in the process ... where they can do more changing as they need to . Sbc lllked if that wa comd. City Attorney Brotzman advised that was comet. Then, COW1Cil Member Nabholz said. she is salisficd with that . ,. - • . " .. .. • • 0 - - • En&lewood City Council June I, 1998 Pap7 {. • • I • - COUNCIL MEMBER HABENICHT MOVED TO SET A PUBLIC HEARING FOR COUNCIL BILL NO. 21 ON JULY 6, 1991. 1bc motion died for lack of a second . Mayor Bums conune!Ud that be thinks ii is a good issue. but 11111 Ibey have had some input already . Council Member Gam:tt SlaCcd ii is mostly procedural. where we -Idling up the guidclines ... but once we start the meat of changing it thal's when lhcy'II need the i..,ul. Council Member Nabholz agreed . Council Member Habenicht said thal is good. (b) Approval of Ordinances on Second Reading COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (I) 1111411 (II) ON SECOND READING. (i) ORDINANCE NO. 36, SERIES OF 1998 (COUNCIL Bill NO . 2S , INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE APPROVING AN INIBRGOVERNMENT AL AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS PERTAINING TO 1llE DEVELOPMENT OF Ann.ETIC FIELDS LOCATED AT CLAYTON SCHOOL . "'(ii) ORDINANCE NO . 37, SERIES OF 1998 (COUNCIL Bill NO. 26, INTRODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE ACCEP11NG A GRANT FROM 1llE UNITED STATES ECONOMIC DEVELOPMENT ADMINIS11lATION TO 11IE CITY OF ENGLEWOOD, COLORADO . Ayes: Nays : Motion carried. COWICil Mcmbcn Nabbolz. Gama. Bradshaw, Hlbalic:llt. w..,.., Clapp. Bw'DI None (c) Resolutions and MotiCJas COUNCIL MEMBER WAGGONER MOVED. AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITI.MS It (c) (I), (II) ...i (Ill). (i) PURCHASE OF WATER ME'IBRS AND REL.A TED EQUIPMENT FROM MOUNTAIN ST A TES IN 1llE AMOUNT OF S2S,S4l.48 AND DANA KEPNER IN 1llE AMOUNT OF Sll ,384.00. (ii) CONS11lUCTION cc»mlACT WITH AGE. INC .• IN 1llE AMOUNT OF SJl,880 .00. FOR CONS11lUCTION OF 1llE CLAY S11lEET DRAINAGE IMPROVEMENTS PROJECT. (iii) RESOLlJTION NO . S6, SERIES OF 1991 A RESOLlJTION APPROPRIATING FUNDS FROM 1llE 1991 BUDGET FOR 1llE GOLF COURSE CLAY S11lEET DRAINAGE PROJECT. "' - • ' •· • 0 l - En&leWood City Council June 1, 1998 Paces Voteraulu: i . • 0 , . • Ayes: Council Members Nabbolz, Gamtt, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None Motion carried. 11 . Replar Ae-b (a) Approval of Ordinances on Fint Reading There were no additional items submitted for approval on fU'SI reading. (See Agenda Item IO -Consent Agenda.) (b) Approval of Ordinances on Second Reading There were no additional items submilled for approval on second reading. (See Agenda Item 10 -Consent Agenda.) ( c) Resolutions and Motions There were no additional resolutions or motions submitted for approval. (See Agenda Item 10 -Consent Agenda.) 12. Gaenil Dilcuuioll (a) Mayor's Choice (i) Mayor Bums 5lalod they had a very nice breakfasl lasl week in Littlc:ton, with Littleton and Sheridan. and have agreed to sort of rcsum,ct our Tri-Cities committee to discuss common land use planning and other issues in the conidor. He opined this has been a very impol1anl commiace, that has been around since 1992 and it has had a lot to do with the improvements on South S.U Fe, the beautifJCalion. land5caping and so forth. So it is something tbal has broughl our cities togetm and he said he was glad to see it beiag raan,ctcd again. He commcntal thll tbcre an: important issues regarding land USC to be addressed . (ii) Mayor Bums advised that he and Cwncil Member Habenicht weal to the Ardldioceae and ofTicea ... MICk on Monday for a tour with David Tryba, Architect and other swr members . He said ii was very iDICl'eSting to look at a conversion of a former n:sidcnce hall to an office building and the kind of vision ... and the kind of remarllable vision, he opined. that David Tryba bas in making conversions . He commented that is a small space compared to wllal we an: looking at in the Foley 's building, but it was a very interesting tour. (iii) Mayor Burns noted that Friday they had another meeting of the Metro Mayor's Caucus and, among other things, Marilee Uller made an exccllenl pracntation about Cinderella City. There were maps and slides and so forth and all of the mayors in the metro area an: extn:mcly interested in "ilat we arc doing with Cinderella City and. he thought, they arc somewhat envious about our position with our lighl rail connection. But they were looking at how do you do a town c:enlcr type of development . There was also a pracrution by the developer of the Elitch' s site. All the mayors were there ... Mayor Webb was there , and he thought they found it all very. very interesting. He advised they also had a prescnlllion of a study thll Denver wantJ to do. 1bc Metro Mayor' 1 Caucus agn,cd to lpOIIIOr the study , by a gentleman named Orficld who is from Minnesota. a Slate lcgillator, who studies whole metropolitan areas ... statistical analys is of cri1ne and housing and so forth ... acrou jurisdictional boundaries and then ,,. - • . •· • 0 , .... I J - - En&lewood City Council Jaae 1, 1991 Pa,:e9 ·, ,, • • - \. accumula&es all of this evidence. He advised that the idea here is that barriers to these problems do not respect municipal boundaries, they spill over at different times. They sponsored a $52,000 study to be done by Myron Orfield and his staff. Mayor Bwns stated that will be funded by various sources, not necessarily by cities. But, to accumulale this infOl'lllllion for later use, Mayor Webb seems to be very high on this guy and his studies . Mayor Bwns noted they need a city as a amduit to do this through. and he said Englewood could be thal. but all the mayors agrc,cd that we need to have some insu oo whether there will be any stafr time necessary on something like this. Actually, he said, they undersland it will be very litde. It is a matter of just giving them your accumullled figura on crime, traffic and so forth and they digest them . They have done this in about 12 cities lnlUlld the CIOlllllry -and it is son of a new way to study cities and they seem to be quite high on it So, be advilcd, the Caucus bas apeed to sponsor this and wc will gd some input fairly quickly OIi whether Ill)' lilafl' time is required OD this. Mayor Bums COIIIIIICIUd that they bad a neiglllJorbood action group. Doug Limhart. who is a former state legislature, is the Excc:utivc Director ol Good Neighbor lnilialivc. He advised that they help formulate and assist neighborhoods to aJllllCCI with each other. Mayor Bums advised that they arc very aware of our Neigbborbood Walch Program in Englewood. He noted all he had to do was mention Nancy Peterson 's name and they all knew her and they knew what a renuukable job she bas done in Englewood. They arc doing some ol lhil tllis IUIIUIICI' ad culminating in National Night Out. as we have done here. So. he noted, Englewood -kind ol OIi the map during that discussion too. Mayor Bums advised that they are encouraging scncling lctten to Coograsnwi Schaefer, to expand the private activity bond program . The monies that wc have had available through that program ... and there were brochures a couple ol weeks ago ... are going fast. as they cxpccted. He stated there is only about $100,000 left in this quadrant. of funds that have not been used already. So they hope to expand that program and ooatinuc it, because it is vc,y successful . Mayor Bums staled that ,encrally the IIICClillg -lboul lllixal usc c:cmcn and the region's future and how you approach tllOlc. Mr. Pcdmiaer was one ol the spcalicrs and a very interesting guy to have speak. because be bas done it for 25 ~-11lerc were diff'aa& opinica by the speakers as to whether "big box" was in, out, Oil the wane. or not. He acnaalY thoughl il -DOI and pvc various examples. In the prescalalion be poiated out that if you look al lnaediblc Univcnc, it had a big building that dicln 't work, the axicept didn't work, 11111 the company is very IIIODg. il is out, Seas is -in and IOlllebody cllc took the building and it will go OIL 'Iba is kind olthe MY be looks al this kind of thing. Mayor Burns pointed out that he bas been aroal a lllag lime. been al the medinp in La Veps for 25 ycan in the spring with the retailen and be rally ~ how this Miki and be is a very iDIClaling FY to have speak. But Englewood wu very, very prominent and be lllougbt the mayon are universally excited about whal wc are doing down here, WllCbing m very cloldy and Wlllling to feed off the informalion WC have. tbll WC can assi• them with . So. Mayor Bums aid. wc are very much on the map with the Mecro Mayor's. that is for sure . (iv) Mayor Bums mrnmcated that they had also noted, in one ol their E-imils, that the ICMA prufiles, Ideas and Actioll. bad both our Tent Talk and Speed Pledge higbligblcd in their publication reocndy. (b) Council Member's Oioice (i) Council Member Nabholz : I . She rapieslcd the UIC ol the E-T AC camera, for both evenings if it is DOI currently in use . 2. She llid lhc WIIIICd to make sure that Mayor Bums bas sipcd or read this leUcr from the Regional Dileclor, from the Department of Commcra: and Economic Development. thal be bas signed that agr!lement Council Member Nabholz COIIUIIClllcd that looks pretty dam good. S60 ,000 to help follow the "' -. ' •· • 0 , I - • • E•&lewood City Council Jaae 1, 1998 Paa,e 10 • 0 • guidelines for some improvements along our South Broadway corridor and all. She said she was pleased to see what was done on this. 3. She asked City Manager Sears if any type of meeting has taken place between the Housing Authority, Neighborhood and Business Development, Dan Bromnan and him . Mr. Sears said yes . Council Member Nabholz said that was okay, that he didn't have to go into it now . Actually, Mr. Sears advised, dull was one of the issues that he wanted to raise during his report. Ms. Nabholz said they could wait. Okay , City Manager Sears said, he will come back to it. 4 . She advised that she attended a dedication today and it was one of the mos1 wonderful things she has done in a loag time. Sometimes, she noted, you get a little discouraged in the things you do . She said she went down to the dedication of the art piece called The Lady Doctor at the 30111 and Downing light rail stalion. She said she was so moved by this first, black, woman doctor ... who earned her degree in 1902 ... who was not m:iognized. who practiced medicine in hospitals. But she delivered all these babies throughout the whole metro area here ... a wonderful, wonderful woman. They had remodeled her house and moved it to just aaoss the street to where the bust of her holding a baby was dedicated. Ms. Nabholz noted she stood there at that light rail stop and saw the people get off and what they were looking at as they were getting off' and it gave her some real insight as to how we need to be very careful with our light rail stop, what we look at in both directions . But she thought what a wonderful opportunity we have to make $UCh a beautiful , beautiful place when you have just one piece of an. She said she was so moved by that. It was hot, it was windy ... they had a children's choir there and very few people attended, which was really sad, but she was very moved . • •••• Council Member Habenicht said she was not sure, but that maybe they need to have another meeting with the Cultural Arts Commission. The Cultural Arts Commission has been working with a group looking at art at the depot and there has been a lot of work done. She noted Pauletta Puncerelli has been staffing some of the meetings between Rm and people frolll the Planning Commission and there are some really exciting ideas. Also, the Cultural Arts Commission is sponsoring a call for lrt • the stalion for one of the windsmcns and she knows the dClll there is to make sure: it is a very professional. well speaking piece dull will address the community. She said she was glad Council Member Nabholz menlioned that and maybe they do need an update frolll the Cullural Arts Commission. Council Member Nabholz adviled tbal she ~ on tbal talk force and fdt they have done some mandous-11. But. she said, she dlougllt wlllll was ,-led to her today, was the opportunity we have. Whal they did with a anal) -• ~ aad Dowlli111, CIJllll*llll to wlllll we have ... so she is excited. She ltaled lbe wanlod to C11Q11U1a1C • to pick up die pace. widl die ncipbomood meeting, if we are going to fast track dlis adler. She adviled lbe will talk to Bob Simf*,a on ...._ .S . She tbalud Council for allowing her. and graming sc:holanhips, to •tend the Leadership Englewood program . She Slaled it was a real commillllelll, but a valuable learning e:1.-perience, so she wanted to thank lhem for 1h11. (ii) Council Member Garrett : I . He advitcd he will IIOI be at the meeting on the 1.s•, which is two wects from today . 2. He aid lie -cw.. about the pnxocol on proclamllioas. He oon: MIid dlal ....,.ilncs the whole Cwil lips dlea. ..,.....imcs the whole Council doesn '1 and lie dicla '1 D11111' if*" was aay protocol oa dial. Mr. Glnea aid dial for the Leadership Englewood ii IDCIMII lile die c-il aould be inwlved ia ~ die people on fulfilling that program, yet dlal -.-.. '1 So, lie aid. lie ;.a didn 'I ~ llow dial .ubd. ' "' - .. •· • 0 , - ]- • En&tewood City Council Juae 1, 1998 Pace 11 .. • 0 • Council Member Bradshaw commented that that was worded differently . Council Member Nabholz said she will take responsibility for that. because she probably went about it the wrong way. She advised she dido 't call the Mayor first, to approve it. She said she just knew that these women needed to be recognized and so she requested that Leigh Ann Hoffhines put something together. So, she stated, she would take responsibility for the wording on it. She asked if we have something in place where it should be both the Mayor and the members of Council ... what is the prolocol . Council Member Garrett said sometimes he has seen it and sometimes he hasn 't and he dido 't know how they make that determination. Council Member Habenicht noted it is sort of catch as catch can. Council Member Bradshaw commented that the Mayor speaks for all of them when they do that Sure. Mayor Bums said, and then sometimes they are recogniling an organimtion or something and they all sign it. He noted it is almost a feel to it as to how you should do it. at times. Council Member Habenicht said she doesn't think it necessarily needs to be consistent. but sometimes, like with the CitiZCII of Year, everybody wants to be involved. She suggested that maybe they all should Id somebody know ahead of time, when they know it is going to be on the agenda. it would not be too difficult to add all the names . Council Member Nabholz staled she fast tracked this one herself. so for that she apologized and took full responsibility. • So, Council Member Habenicht said, if she waled to see their mmcs on there. that she thought the protocol was that she suggest it and it will happen. Mayor Bums said he thought that with other things, like a flag day or whalever, that they don't all need to sign, that it is pretty obvious with those . (iii) Council Member Bradshaw: I. Regardillg the Danmouth baffle. Ms. Bradshaw said, she lpOke with Ladd VOllry about two weeks ago and he has some !Qlly good idcu about lbal, so that is aln:ady in place and she would just like that to be brought forward to Council . Espccially with year IRIUlld IChool and especially with regular schools ptting out and people ,cl cadas, bClc:aUle they um 't llllpping. The other dling is. she llid, that she really thoughl Ibey should look at the ftming ligbb ... earlicr. Beclule, she pointed out, if they wanted to get a lol of folks that are speeding. Danmoulh. ~ Downing and University, they are there . She said she would appreciate that. 2 . She said that when she taughl a clau for the code enfon:ement oft"icers • the ACEO Certification Seminar, she kamcd about a program the Kidney Foundalioll ..-rs, which allows people to doaate cars. She nokld, she just wondered if they published that IIIOfC in Englewood, if that wouldn't be an avenue for some people to get rid of these cars. Council Member Nabholz asked if she picked up one of the books . She said she has the book. Council Member Bradshaw advised that Joyce Parsons has the informllion on that . 3 . She stated that she just doesn't think that our staff' has to take a lol of verbal abuse from citiuns. She said she does not think that is what our staff is there for. Ms . Bradsbaw advised that she hid a phone call about traffic enforcement on Santa Fe and Broadway. and she hu already given that to Gary ' .. • •· • 0 , En&tewood City Council Juae 1, 1998 Pase 12 • 0 t• • Sears ... but she does not think that when a citizen calls for service from the City thal they have the right to abuse our staff. She said she knows that has bappcncd on different occasions, particularly ... probably, policemen get it a lot more than other people. Ms. Bradshaw commented that she just thinks if a citizen has an issue with a member of our staff that they be up front about it and talk about it or set up a time to mediate it or something. But you don't wish that somebody were dead or you don't make snide comments. She opined that that is horrid and that is not what staff is there for . She stated we have a dam good staff. (iv) Council Member Clapp: I . She said she wanted to follow up and ask that we check in the 3100 block of Sherman Street to see if any of the dninage within that area has been changed or rerouted since the SO' s. Ms . Clapp noted she couldn't remember if she bad given 1h11 to Gary Sears already. City Manager Sears advised that she did give that to him and he talked to Chuck Esterly on that and he was going to go take a look, but he doesn't know if there was a response back. 2 . She said that she wanted to thank Council for allowing her to attend Leadership Englewood. Ms . Clapp stated that really was an experience and it was quite a commitment. But she would highly recommend it for the future, for individuals that are interested. She felt it was very, very valuable and it really gave her a lot fl insight that she did not have prior to the course. (v) Council Member Waggoner said he knows that wc had people al the conference in Las Vegas, the Shopping Cenler Conference. He advised he is concerned that wc may be sitting back and waiting for people to show up ... tcnants to come to us. Even though we went to the Shopping Ce111er Convention, he said, he thinks that if there is a tenant out there thal wc would like to see in Cinderella City, wc should be 0111tacting them, geUing some of our people out there and talking to them, especially Gary Sears. Council Member Bradshaw stated that was a good poilll . Mr. Waggoner suggested wc really get out there and pursue getting those people inlaaled in the developmeal and trying to get them within the City. Council Member Bradshaw commented thal Ille was glad he said lhat, because the comment she hears over and over is that people want another Villlgc Inn in Cinderella City. Council Member Nabholz agreed. Ms. Bradshaw maintained that high school kids nccd a Village Inn. They allO nccd another •eak house, Ms. Nabholz said, a good quality lilCak '-· Coullcil Member Bradsbaw advised that they want a place where they can congregate after plays and dilfcrcnl activities. where it is a safe place 10 be . Council Member Waggoner Slated that somebody nccds to COlllacl those people like that and really pursue getting those in. City Manap Sears advised they have a proposal for Council, but he was 91)ing to do that Wider his report. (vi) Council Member Habenicbl : I . She commented thal ii just occum,d to her that she is not quite sun: what she is suppose 10 do anymore ... talking about protocol ... thal she gets confused . Ms . Habenichl said she hopes it is okay thal she is going to CML Conference. Council Member Waggoner llakd thal he 1-'t IICICII anything requesting that. Council Member Habenicht asked if she can rcqucsi thaL Mr. w...,_. asked if she has a cosa put together. Ms. Habenicht advised that Sue Bradshaw has all fl that informalion. Mayor Burns advised that he will be on a panel Friday al the Conference. Council Member Nabholz 5lalcd that she is also requesting to go. Council Member Habcnichl said she doesn't think it has ever been chmpd ... and maybe Council Member Bradshaw could help her remember this ... but ii used to be that all Council memben could aacnd CML if ,,, - •. •· • 0 En&tewood City Council June I, 1998 Pace 13 ,. • 0 • they chose to. Council Member Bradshaw said yes . Ms. Habenicht noted she thought that was the way it was su~ to be and maybe that is why it didn't happen . So she thought she would just make mention of the fact that she does intend to go and she knows Council Member Nabholz intends to go . COW1Cil Member Habenicht said dial she knows it has been an extremely valuable conference and she would like lo suggest that she and Ann Nabholz be designated to vote on the policy at the annual meeting . Council Member Waggoner commented that he didn't think they had ever made a request to go lo CML, that he thought it was just a llandard and automatic thing, where Council or anybody that wants lo go, goes . Mayor Bums said he thought so too. You are kidding me, Council Member Nabholz said, after what she went through last year to be able to go ... ii is standard. City Manager Sears said he thought all die forms were in. Council Member Habenicht said she just wanted to clarify that or at least make mention of the fact that she is really looking forward lo going. 2. Council Member Habenicht advised she is not going lo be able lo attend either the study session or whatever ii is on die Monday of the 22'"'. seven days after tho-15"'. She said she will be out of town for that. 3. She said she wanted 10 make sure they were all aware of the shared funding that comes in from the SCFD Arapahoe County Cullwal Council lo help support the Sounds of Summer Concert as well as our Englewood Sulllll1ICI" Drama Program. 4 . She noted she would also like to share that. as a member of the Arapahoe County Cullwal Council, she was going to be attending an Arts and Leadership Conference this next weekend, over the next five days. She undcnlands that two of our Cultural Arts Commission .-hers are also attending . It is really a wonderful opportunity. ii is a national conference being held here in Denver and so it is a grcal thing. She said she understands dial Guy Hultberg. from the City. will be attending with diem. Hopefully they will lcam a lot about things they can do for our community. 13 . CltyM ...... , ...... (a) City Manager Scars advised. to go back to whal Mayor Bums said. that they had a really good mceling with Sbcridln and Liltldon. last week . Pan ol that mcding was to set up another meeting to talk about die Tri-Cities Md alao Cindr:rclla City . He staled that Sue Btadshaw has made aaact with diem and they an: looking al die week ol the I~-Sheridan. it appears. would probably look for a bn:akfast on die 1-,.. So. he said, he just waNCd to check with Council. II would be June 17"' al die Golf Course. So if that is okay with everyone 's sc:hcdulc . Mayor Bums noted that would normally be the ~six pack" breakfast . He asked Council Member Waggoner if that was right Mr. Waggoner said it's die third Wcdnclday. But, Mayor Bums staled. this is imponant, so maybe dley can reschedule. He explained that die ~six pack" is die Chamber. the Downtown Development Authority and City Council and dlere arc six of diem who meet. (b) City Manager Scars said thal Ann Nabholz had raised a point . He advised that he had an opportunity lo attend a Housing Authority meeting last week with the Historical Society. There was a dialogue between the Historical Society and the Housing AUlhority about the dcpol , the fund raising cff'orts of the Historical Society and the direction of die Council lo acquire the lots for that area. As a result of the discussion, he, Dan Bromnan and Bob Simpson. had an opportunity 10 meet with Cheryl SI. Clair. Mr. Scars explained thal the Housing Authority is interested in trying to pul together a proposal that would ' ,. - •. .. •· • 0 ' - • Enpewood City Council June I, 1991 Pace 14 • 0 • include Project Build funds to have the City acquire those sites. He advised he did not have the proposal in front of him. that it was still being crafted by Cheryl St. Clair. What he would ask ... becausc he knows it has been somewhat of a hot topic ... is lhat Council consider meeting next Mooday night. They have interviews with Boards and Commissions but, he suggested, if they could meet early next Monday night, at S: 15, and they could do food in conjunction with thal ... and review the proposal from the Housing Authority . So, if thal is acceptable to Council he advised, they will have a proposal which they will get out to Council this Thursday that relalcs to lhat. City Manager Scars said he was sony to do that to Council , but they have such a busy schedule . Council Member Nabholz Slaled lhal she apprccialcd the wort he has done on it. this quickly. City Manager Scars commented thal it looks like it is coming togdher. Mayor Bums Slaled he wanted to perwmlly dank Ann Nabbolz for coming to the meeting at the Housing .Authority Wednesday . He said he nolKled she Wlllll't feeling the gralell. and it was a real etron for her to come and panicipate in lhat meeting ... he really appreciated her making that extra effon to do that . Council Member Nabholz said thal it is imponant that they all worlt tOFther. Council Member Waggoner uked if they are saying tbat they are about to addras the three ordinances that Council tabled . Mayor Bllms said no, that that is not what tllis is, this is involves the depot. Council Member Waggoner asked about the three ordinances. City Manager Scars advised they are getting close to that. Mayor Bums Slid thal he also appreciated Gary Scars ' attendance at that meeting too , that it was very constnactivc to have him there . (c) City Manager Scars advised thal unfOl1Ullllely one of our directors, Tom Kershisnik. 8IIIIOllllCCd last week that he is taking a job with Lucent Technologies. He said it was a really nice opponunity for him, but that the timing is DOI good for Ille rest of us and unfonlllllldy he has given a two week notice. Mr. Scars commented that Mr. Kcnbimik has done an excdlcnl job, but Lucent said come with us and this is an opponunity that he couldn't pus up. He said he jusl wanted to lei Council know that he has been talking with various ~ directors and the individual employees. He has not put together a plan yet, ia -of wllicll clirmion to ID for that divisioll . City Manager Scars advised he will be doing that dwillg this week and into the first pan al next week . He llalCld he is plmuling to rccnait nationally for a dira:tor ill that polition, primmily to he roa..d in on bunwt iaource ~I. He opined thal is • aa that IICIClds ane lpCCial attClllion. But there 1111)' be 111111C plJtS of thal organUJllion, just from a ClllllilMlity viclwpoial, may be bell under aolla clqllrtmm for a period of time. Mr. Scars stated he will COIIIC back to Council and lei diem know what the direclion is on that. ffe said WC really have excellent people in that division and he just wants to keep lhat opmtion going. The timing is tough, he noted. but he tlloughl we were covered for most of those areas. (d) City Maaqer Scars said thal Sue Bradshaw had mentioned to him that two Council members need to be appointc,d to work with thcm ... and Paulclta Puncerelli. on the budget . So, he noted, they need to have two members ol the Council to lake a look at the Council budget . He said he understood this has been the tradition in the past. Council Member Bradshaw volunteered. Council Member Nabholz said she thought she and Oyde Wiggins did it last year. Council Member Habenicht noted it used to he a big deal. but she didn't know thal it is a big deal right now . •· • 0 - • • En&lewood City Council Juae 1, 1998 Pace 15 Council Member Nabholz stated she dido 't mind. • 0 - Council agreed thal Council Members Bradshaw and Nabholz would work with them . (c) City Manager Scars said. as Kells Waggoner mentioned. that since the Shopping Cclllcr Conference, they don't feel that their full ancntion has been given to the tcnanl mix. He maintained that nobody is really to blame . He said he knows that the financing thing has changed. that they really dido 't have the plan put togclhcr Ulllil May 11 111 and they really haven '1 surveyed the field. Bui as they have thought through this and talked to Skip Miller, lo EDDA ... to everyone, they n:ally feel that the mix of tenants that go with 11111 site ... with Wal-Mart and Sony ... is a ailical issue to them. He said they would like to try to promote lbc best tamit mix they can come up with. In many ways, he nolcd. it is lbc developer's responsibility and he has talked to Mark GolclJcrgabout it. in tams of what he can add. He said he knows there arc -big ~ tomonow morning with Wal-Mart and Skip Miller, and they have some sessions with him lomonow afternoon . He commented that he thinks that the majority of the responsibility is with the developer to come up with a mix 11111 is economical and works. But. Mr. Scars advised, we feel thal we want to help guide that dim:lion in part. Absolutely, Council Member Bradshaw said. City Manager Scars advised that we have done some work to come up with a couple of alternatives. He said he wanted totum it O\lff to Bob Simpson to talk about what we have come up with. Director Simpson said he thought Gary Scars set the tone. He advised that one of the things they have been finding is that after the ICSC Conference ... we had really been very excited about taking our plan forward and it was, for the most part. really very well m:cived. And we believe, he said. that we arc really headed on the right track. Mr. Simpson advised we have some questions and some concerns about the kind of tenants that we MC being presented. for us to be looking at. as far as our project. That, he said, is really how they arc trying to approach this, this is our project. He stated thal. in an effon to help continue to guide this project forward, and make it somclhing that Englewood is really pleased with, Gary Scars suggcsled that we take a look al what the tenant mix may be from the City standpoint. To that end, Director Simpson advised, he talked to a couple different marketing and oc:onomic llend, analysis type, consullaDls. One consultant has proposed to provide SOl'M: assistance to the City to look al idcnlifying the best lcnanl mix, given our CWl'Clll anchors. And to make sure thal the p,obability of success for thal bcsl tenant mix, given thal it needs to work well for Englewood, would come forward and be implementable. So we would be focusing on a llrllegy to make it happen with the developer. Really focusing on what that good, best mix is and mallng sure.._ it is really IOIIIClhing that has a high probability for suoocss, from our standpoint 11111 timeframc is appropriate. he said. wc would be focusing, in the next two to lhrcc weeks, maximum. and the price is going to be somewhere in the range of between SI 1,000 and $14,000. City Manager Scars said the one 11111 he is familiar with, 11111 he has worked with her in the past ... and he knows Bob Simpson talked to several ... is Jean Townsend who is with Coley Forest. who has also worked with EDDA. Director Simpson advised that Ms. Townsend has a very good working knowledge of Englewood already, just on the basis thal she has worked on the Englewood Downtown plan. He stated she Wldcnaands, after our discussion, our situation. He said in some ways ... and again. there is not .-rily any blamc ... but it is kind of I difficull situation. Because we have taken possession as landowners and we arc moving forward and wc have a plan thal really is beginning to work very effectively for us and yet once you identify your major anchors ii removes some level of incentive on the part of other people 10 come forward and really produce the bcsl lcnanl mix . Mr . SimplOII advised that, rcally, what we arc interatcd in is making sure that we keep pressing forward on the best mix of potential tenants on this site that is possible, all the way to the end. Just because we have identified. essentially, 70% of the tenant mix on the site, through a civic center, through a Wal-Mart. through a Sony theater, shouldn't mean that we sbouldn't continue to focus on other best tenants on site. ' • •. ... •· • 0 - - En&lewood City Couac:il Juae 1, 1998 Pqe16 . . • .. • • Council Member Habenicht asked if this person is going to do some of the things that Council Member Waggoner was llllking about ... to actually go beyond identification and work toward recruiting. She said she just recalls thal when she bad a 11ore at Southglenn, that they were recruited by the Tabor Center, they were recruitcd by Crossroads clown in Boulder and she can mncmbcr what that was like. She notm it seems to her thal she has never hcMd anybody, until now, llllking about actually going out and recruiting the kind oftemnts and the kind of businesses that we want there. So, she said. she thinks that is a grea1 idea. Director Simpson advilCld that that would be part of this effort, because if we arc going to try to make sure thal we have a bip pn,blbility of IUCCCII with this idemificd tenant mix, we need to be talking to lhollc lamlts. So thal is cme of the atpetU. He ltated we do not have every detail of this amlysis put forth, that we have been trying lsd IO pl il put iD place, trying to make sure that we have IOIIIClhing to keep the timeframcs rolliDg. But. die ~ of idenlificalion of appropriate rdailers and tenlms, OIi site, that begins to meet E..ie-c,d'• _,., • oppc-s to pediap5 the deftloper's mall or illlercll ... lhll 's wba'e be thinks we were beaded on dlis. And. he opined, Coley Forest IUldcrslands 1h11 issue and problem . Council Member Waggoner advilCld that he is not talking about just a tenant mix. generally, like a bookllore. He ucd lie is talking about going out and identifying a bookslorc and ICC if they arc inlercsted or not . Exactly, Dircctol>Simpmn llid. that is what the task on hand is hcR. Mayor Bums stated he thinks this is inlpOl1ant, that he talked to Gary Sears a little bit about it and he talked to Marilee uuer about this general subject on Friday at the Mayor 's Caucus. He pointed out that any developer has a certain band of rdailers that they get used to and they have contacts with and they may not be all the ones thal you arc the IIIOll intaaled in. You may want to uppade the lill a bit. We have been wanting to do ._. and, he uked, bow do we do it. bow would we coordinalc this ... if we wanted to make contacts ... with what the dnelopers doing. Director SimpsonadvilCld they don't have that worked out. Council Member Waggoner ubd City Manager Sears if he ~ specific authorization to do this . He ubd if he can do it under prolalional ICMCICS, conllKl. Mr. Sean advilCld that they have the budget, under his aa:ount. to do that. Mr. Waggoner asked if he would ralher have an authori7Jllion. City Manager Sears aid )'CS. COUNCIL MltMUll WAGGONER MOVED, AND IT WAS SltCONDED, TO AU1110RID UP TO S29 .... roa MAmTING ASSISTANCL Ayes : <:--=ii Members Nabllolz. Garrca. Bradshaw, Habenicbt. Waggoner, Bums Nays : Council Member Capp Motion carried. Director Simpson advilCld Council that if they have spc,cific tetmlll that they know or. and they would like to pus than his way, that he does need lhollc specific nanes . Council Member Bradshaw ltated that is what she 1-1 awi*"'ly 6-the a>mmunity is the Villqc IM. Council Member Waggoner aid he has hea,d thal I lot, that they would like to have one back . Council Member Habenicht advilCld there is a greai little rc111un1n1 clown in Colonido Springs near the airport. She said she wiU try and find the name . • • • • • City Manager Sears said. jUSl to 10 back to the Adminillnllive Saw:a Direclor. that he will try to Id Council know where he is going with this. inform than of that . He~ it is pretty much within .. • • 0 ]- • Eaakwood City Council J•ael,19'1 Pqe17 ·, • • • .... his responsibility to accomplish that But, he said, he is looking forward to doing a national recruitment and if Council has any comments, he would appreciate that Mayor Bums advised that he and Gary Sears talked a little bit about this and he though! he had said he was looking al somebody, primarily, with a human resouroe background. City Manager Sears said yes, primarily human resource:, that is his main focus . ••••• Council Member Clapp said she wanlcd to explain her no vote. She SlalCd 1h11 she really feels lhat these developmeots arc manet dri-and she thought lboR paties that arc inleraled in becoming part of this developmeot, pn,bably would line come forward by --Ms. Clapp opined we bne really explored it and many people attendlld lbe Las Vegas semimr, where we had a lot of \'elldor"s there, a lot of different rdailers. She said she thouglll lhat was lbe place to pick up raaitas, if we were going 10 pick them up. So, she Slated, she is not in fawr of spending any fur1hcr money on that al all . ••••• Mayor Burns advised dlllt lie has a little code enfon:cment .-ia-... he got a call at home on a problem in lbe 3 300 block of South Washington. He Slid he would give it to Galy Sears . ••••• Council Member Nabholz advised Council that tomorrow, al 11 :30, she would be meeting with Council Member Himmelmann at 71 Eut Yale Avenae. She said that Swallow Hill has purchased 1h11 property and they will be meeting with the director there, to pannenhip on how we can wort on croa walks and painting stripes. • •••• Council Member w...-, said 1h11 he DOlic:ed in lbe repon 1h11 lhcrc were still some meetiDp with MOA (M-of Outdoor Arts). He aed City ManlF' Sean if aythillg Im come out of that Mr. Sean ... Marilee Utler to rapoad. Ms. Utter ldvilllll dlat dley are .,aiDa topthcr lbe OOllll'IICI pn,vilicm for MOA to praent to Council . She llated dwR ii a lal al COlllaCl Fi• on, 1h11 they arc \'Cl)' excited ad we arc excited aboul llying to pu1 IO!Pdbing ..... Tbea, Council Member Waganer alkod. they are preay aerious. Ms. Uner said she thinks they arc serious. 14 . Cily Attaney'1 ae,.t City Attomey B.,,._ did not bne any maaas to bring befOR Council . IS . Alljearaaeat ... •· • 0 I • I'- ' ' -,. • • .. • "': . .._ • <. - • • 0 - -- • • 1. 2 . 3. • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 1, 1998 Call to order. fJ: 51, ~ Invocation . /)~ Pledge of Allegiance. ~ 7 :30 P .M . 4. Roll Call . '7 ~ 5 . Minutes. Of f4 7-0 a . Minutes from the Regular City Council meeting of May 18, 1998. ~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Rosemary La Porta Kreiger and Janet Spangenberg from the Englewood Cultural Arts Commission will be present to express support for a proclamation honoring the Tenth Anniversary of the Englewood Downtown Development Authority's Sounds of Summer Concert Series. 7 . Non-Scheduled Visitors . (Please limit your presentation to five minutes.) a.. M/ri.lU.e. Utr13.L 8 . Communications, Proclamations , and Appointments . ~'J.-t>-Proclamation declaring June 8'\cng Month .~ a(fd7~b. Proclamation~aringJune 14, 1998asFlagDay.~ tlfpd'l-D c . d . Proclamation honoring the Tenth Anniversary of the EnOle~,D9wnt~. Development Authority 's Sounds of Summer Concert Series .~ Proclamations honoring graduates of the Greater Englewood Chamber of Commerce's Leadership Englewood program . i . ii. A proclamation honoring Nancy Akers on her successful completion of the Leadership Englewood program . ~ A proclamation honoring Lauri C~a,f~ ?n h~r .s~ssful completion of the Leadership Englewood program~ ,, - Plffu note: If you have a dlublltty and nNd auxHlary aids or wvlcN. ..... nollfy the Ctty of Englewood (762-2405) at INat 41 hours In advance of when NIYlcN .. nNded. Tl-* you. • • • 0 , • 0 • Englewood City Council Agenda June 1, 1998 Page2 iii. A proclamation honoring Robin Lenz on her successful completion of the Leadership Englewood program.~ !IJJIJJ n t) iv . vrr(N'k A proclamation honoring Corrine "ndsey on her successful completion of the Leadership Englewood program. uu,LP,1~11.,u llllN/ 7-0 v . A proclamation honoring Debi Medlock on her successful completion of the 77""' Leadership Englewood program . ~ /JIIIJl:Jd iA -/ .J. vi. ~A proclamation honoring Ann Nabh.9l~ on .her,successful completion of the ,rV'-r Alf/Alf.I, AIAffiz-,;-eadership Englewood program . /~ t1ffd 'l-() vii. o/J/d '1-0 viii. ~d'l-o ix . A proclamation honoring Shannon O'Leary qn her successful completion of the Leadership Englewood program .~ A proclamation honoring Debbie Pe~.:3m~h o,n her !uccessful completion of the Leadership Englewood program~ A proclamation honoring Patricia ,~e~! ~ ~~r successful completion of the Leadership Englewood program . v,"'11' ~ 9 . 10 . appi?-o Public Hearing. (None scheduled) ~ enda . q/H!.J&ff /:.EM()tJE-1) 101.../1/ rR.11# a . pproval o~!lfn ~/0 a...;~ i) Y-it! i. Council Bill No . 27 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving an Animal Housing Services Agreement with the Colorado Humane Society, Inc. to operate the Englewood Animal Shelter . STAFF SOURCE: Division Chief Robert Moont. ,- ii. Council Bill No. 28 -Recommendation from the Department of Safety Services and the City Attorney's Office to adopt a bill for an ordinance amending the Nuisance Abatement section of the Englewood Municipal Code . STAFF SOURCES: Division Chl!f Robert Moore, and Dan B~C~ ~- 0/UJ foR.. LM!.IL Ot;-S€011.J/J · ~All.fltl-tJ-11~,, . n.D,,,.;.t~ iii. Council Bill No . 29 -Recommendation from the D~rtment Nei mood tr', and Business Development to adopt a bill for an ordinance amending the r,~ (/-/ Telecommunications section of the Compreh~· e on · Ordinance . SlAEF ( 7""". ,..\ eni,a~E: Brad Denning, Plann~. • ~ .4 i(): ~~ C,R,t::,t.f ..J--W-~ . ~ (, /9'!? ,v. Council Bill No . 30 -Recommend tion from the Depa ent in cia'r • Services to adopt a bill for an ordinance adding a Telecommunications Facilities License to the Englewood Municipal Code. STAFF SOURCE: Frank Gryglewlcz, DINC:tor of Financial Services. PleaM note: If you have a dlaablllty and need auxiliary alcla or Mt'VlcH, plNN nollfy the City d Englewood (762-2405) at least 41 hours In advance of when Ml'Vlces .. neecled. Thanlc you. •. •· • 0 , - • • • • • <. l;ngl-ood City Council Agenda , June 1, 1998 Page3 ii. iii. Council Bill No. 26, accepting a State and Urban Planning Grant from the U.S . Economic Development Administration . solutions and ~'Zti /J e_ /~ i/ Y-/!/ ecommendation from the ~artment to approve, by motion, the purchase of water meters and related equipment. Staff recommends awarding the bids to the lowest bidders: Mountain States, in the amount of $25,541 .48; and Dana Kepner, in the amount of $8,384 .00. STAFF SOURCE: St9wart H. Fonda, Director of UtllltlN. Recommendation from the Department of Parks and Recreation to approve, by motion, a construction contract for the construction of the Clay Street Drainage Improvements Project. Staff recommends awarding the bid to the low bidder, AGE, Inc., in the amount of $38,880.00 . STAFF SOURCES: Jerrell Black, Director of Parka and Recrution, and Dave LN, Manager of Open Space. Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for the Clay Street Drainage Project. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. 11 . Regular Agenda . a. b. c . Appffl of Ordinances on First Reading . Appff of Ordinances on Second Reading . Resolutions and Motions. ff 12 . General Discussion . a. Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report . 14 . a . EnglewoodCenterUpdate. /,~/ ~~~ CityAttome(,Aeport. ~,1-Y.el,fl'f) ~ Adjournment. f ·. 9/ J>',v- The following minutes were transmitted to City Council between 5/15/98-5/28/98: • Englewood Liquor Licensing Authority telephone poll of May 6, 1998 PINN note: If you haw • dlubtllty and need awdlary aide or wvtcea, plew nollfy a. Cly ol 11 ... wood (782-2405) at lust 41 hours In advance ol when NrvlcN .. nNdad. 11wlk you. ------- '' .. •· • 0 • \ ... • «. · ... • . . PUBLIC COMMENT ROSTER DATE: JUNE 1, 1198 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME AQPRESS TOPIC ,. -. , .. • • 0 - ] • • • t• . • ' ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Mayll, 1"' l. Cd ID Order The rquJar meeting or the Englewood City Council wu called to order by Mayor Bums at 7 :39 p.m. 2. llmlcadGa The inwcalion was given by Council Member Nabholz. 3. PWae fll AUepuce The Pledge of Allegiance was led by Boy Scout Troop # 92. Council Member Bradshaw staled Ibey did an exceUcntjob. Mayor Bums thanked them and commented that he thought that was the bcsl prescllUllion he bas seen since he has been OIi Council. Council Member Nabbolz llOled it was very nice . 4 . RollCall Present: Council Members Nabbolz, Clapp. Garrea, Bllldshaw, Habenicht. Wagoner, Bums Absent : None A quonun wu pracnl Also pracat: City Manqer Scan City Allomey Brouman City Clcdt Ellis Director Bliek, Pam 111d Reaalioa Public lnformalioa Officer Puncerdli Community Coordinllor for Long Range PlaMing Saa S. Ml.ca (a) COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THI MINUTES or THI REGULAR MUTING or MAY 4, 19'1. Ayes : Council Mcmbcn Nabbolz, Gama, Bradshaw , HabcllicM. Wagoner, Clapp, Bums Nays : None Motion carried. 6 . Sclledlded Vlllton (a) Mayor Bums advised thal Boy Scout Troop • 92 wu praClll to dilCUII the me ol Ccnlellllial Pn Lake for c:anoc training . He asked if lhlt he bid a ..,......._ for tbal poup. "'~ • ' .. •· • 0 1 --I ]- • Eaclewood City Council May 11, 1998 •• 2 • 0 • Mayor Bums stated that Council bas an item later on this, Wider Consent Agenda, resolutions and motions. David Complon advised he is the troop guide for Troop #92 and for the past three years, that he has been in this iroop, they have been using Centennial Lake. They have cleaned it up and kept it in shape for their canoe training. Mr. Complon lilalcd lhat he was here tonigbl to ask for the privilege to use this lake again this year. Basically, he said, they adopt a lake and keep it clean. They take their canoes out in the lake, they clean it up and pick up all of the trash in exchange for using the like for their canoe training. Council Member Waggoner asbd if they provide their own imnnce. Mr. Compcon said yes. Mayor Bums asbd how many years they have been doing this• ea.ennial. Mr. Compcon said he was no( really sure. lhat he bas only been in this troop for about ~ years . For those three years they have used the lake, but. he IIOlcd. he -'t sure how far back they go. Mayor Bums asked what he thought of it. if it has worked well . Yes. Mr. Compton advised. There were no other questions and Mayor Bums thanked him. There were no non-scheduled visitors. 8 . Co•muaicatiou, Proclamatioa1 and Appoiatmeall (a) A lcncr from Tim Stoner indicating his resignation from the Englewood Clean. Green and Proud Commission was coasidcrcd. COUNCO. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO ACCEPT THE RESIGNATION OF TIM STONER FROM nu: ENGLEWOOD CLEAN, GUIN AND PROUD COMMISSION. Ayes : Nays : Motion carried. Council Members Nabholz. Gama. Bradshaw. Habenicht. Waggoner, Clapp. Bums None (b) A proclamllioa honoring George and Perkic Allen• Eoglcwood's Citiz.cns of the Year for 1998 was coasidcrcd. Mayor Bums suggested the Clcrt n:ad this in full . He noted lbal they did this• the special oclcbratioa for George and Patic Allen last Wednesday night. but that it should be n:ad in their'-'· The City Clerk n:ad the proclamalion in full. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING GEORGE AND PERKII ALLIN AS ENGLEWOOD'S CITIZENS OF THE VIA.It FOR 19'1. Ayes : Council Members Nabholz. Gama. Bl'lldllaw, Habcnlcbt. Waggoner, Clapp. Bums Nays : None Motion carried . • •· • ]- Englewood City Council May 11.1998 Pace3 • 0 , . • Mayor Bums commented they bad a wonderful time al Ibis event lasl Wednesday and a big crowd was on band. He said the thought George and Pertrie Allen really apprcciatcd it He noted that Gary Sears wanted to mention all the work that Executive AssiSlant to the City Manager Sue Bradshaw did on Ibis project. City Manager Sears thanked Sue Bradshaw and commented that she worked really hard on Ibis, along with everything else and he just wanted to say thank you for putting Ibis on. He said he knows they enjoyed it and Council mjoyed it too . Council thanked Ms. Bradshaw and gave her a round of applause . 9. hblk Buri•& No public bearing was scheduled before Council. (a) Approval of Ordinances on First Reading COUNCIL MEMBER CLAPP REMOVED AGENDA ITEM 10 (a) (i) FROM THE CONSENT AGENDA. COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (a) (II) ON FIRST READING. (ii) COUNCIL BILL NO . 26 , INl'RODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE ACCEPTING A GRANT FROM THE UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION TO THE CITY OF ENGLEWOOD, COLORADO . Ayes : Council Members Nabholz. Garrett. Bradshaw, Habenicht. w..--. Clapp. Bumi Nays : None (i) Council Member Clapp noted dul it says this project is l(ling to lake about $80 .000 and our CODlribulioa would be $25 .000. She said it also looks as thoup there IR -CJ1bcr orpnmlions inwlved in this and she -jull wondering how much money the sc:bool bas pledpd to this project. Dim:tor Black explained that the sc:bool has IIOl pledpd aay money . The sc:bool has pledpd the pound and they have also plcdpd to provide the QOII for the lllllerials fOf aay repair to the sprinkler systan and the back stops and the City will provide the labor . Mayor Bums asked Director Black to explain. for the record. wbll lhis project is . Mr . Black advised that thi s project is an inlergoYemmenCa agreement with the City of Englewood ud the Englewood school district to use the land • Oaytoa fidcl to build an lllbldic fidcl over there. He noted ii is banal property right now and the City would have a 25 year lcue on the propeny ud mailllain the site. Council Member Bradshaw asked if be had any idea what it would COil if we were to buy this land. Dim:tor Black stated they have not looked II that and he didn't think dul the sc:bool dillrict would be recq,tive to selling the property. Ms . Bradshaw advised sbe didn't-dll&, dul sbe _. by them cloaaliJlg the land. that is their in-kind conlribution and she wanled to know what value is alClled to that. •· • 0 , Ell&lewood City Caaacil May ll, 1991 ••• • • • Mr. Black staled they have DO( put a dollar figure on thal, but that he knows it would be quite a dollar figure . Council Member Waggoner advised that a lease is usually~ of the wlue of the propeny . Director Black advised that WC already have a lease in place at the Duncan building. where WC lease the facility and lhis lease is the same type lease:. Council Member Habenic:bl notcd that whenever we arc talking about doing something in terms of an interglM:llllDelllal qreemeat tbll involves finances with the Englewood IIChool district. which is contained in its enlirdy within the City of Englewood, that wc arc talking about the -taxpayers. Director Black added tbll probably the biggest benefit to lhis propeny, becaWle Englewood is so landlocked, is tbll the scbool diSlrict does have properties tbll are out there tbll could be used to provide athletic fields. Not only for the schools, but for the community, the soccer groups and youth sports groups and so, he said, wc feel this is an opportwlity for partnership between, DO( only the school diSlrict and the City, but also these community groups to use that propeny where other propenies arc not available. Mayor Burns asked if he had a timeline as to when this would be ready for use . Director Black advised that they would like to have the field available for play by fall of 1999. Council Member Habenicht stated that she would like to thank the Recreation Department for facilitating meetings with the school community and the neighborhood community to talk about how this would illlplCt the neighborhood and how to mitigate those impactS. She noted that was very beneficial. Ms. Habenicht advised tbll it was brought to her attention thal there was a little article in one of the pipers recently that indicated lhis was going to be a youth sportS complex. She said she understands that is not the case, thal it is an athletic field . She asked if that was right . Director Black staled that is com:ct, it is an athletic field . There were no lunher questions. COUNCll. MEMaER SRADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM It (a) (I) ON ftRST READING. COUNCIL BILL NO . 2S . INl1l0DUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANCE APPROVING AN l!lrreROOVERNMENT AL AGREEME!ln' BETWEEN 11{E CITY OF ENGLEWOOD . COLORAOO AND ENGLEWOOD PUBLIC SCHOOLS PERTAINING TO TIIE DEVELOPMENT OF A11ILETIC FIELDS LOCA'IB> AT Cl.A YTON SCHOOL . Voce-ats: Motion carried. Ayes: Council Members Nabholz, Gam:tt, Bradshaw, Habenicht. w...--. Clapp. Bums Nays : None (b) Approval of Ordinances on Second Reading COUNCIL MEMaER NAallOLZ MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (I), (II), (Ill), (Iv) ud(v) ON SlCOND READING. (i) ORDINANCE NO . 31, SERIES OF 1991 (COUNCIL BllJ. NO . 13, INlllODUCED BY COUNCIL MEMBERS HABENICHT/BURNS) ..... "' - • . •· • 0 ' -• • • l.a&kwood City Cauncil May ll, 1991 Pqe5 AN ORDINANCE AMENDING Till.E 16, BY REPEALING Till.E 16, CHAP1D 4, SECTION 18, ENTITLED LANDSCAPE ORDINANCE; ENACTING A NEW Till.E 16, CHAPTER 5, SECTION 26, ENTITLED LANDSCAPING STANDARDS; AND AMENDING Till.E 16, CHAPTER 8, SECTION I, BY THE ADDmON OF SEVERAL DEFINTTIONS, OF 1HE ENGLEWOOD MUNICIPAL CODE 1985. (ii) ORDINANCE NO. 32, SERIES OF 1998 (COUNCIL BILL NO . 18, IN11tODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING Till.E 16, CHAPTER 4, SECTIONS 13 AND 14, AND Till.E 16, CHAP1ER 8, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO 1-1 LIGIIT INDUSTRIAL AND 1·2 GENERAL INDUSTRIAL DISTRICTS . (iii) ORDINANCE NO . 33, SERIES OF 1998 (COUNCIL BILL NO. 22, IN11tODUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE ADOPTING 11IE ~crrv OF ENGLEWOOD FIREFIGHTERS PENSION PLAN (AS RESTA'IE> JANUARY I, 1996)" BY 1HE CITY OF ENGLEWOOD, COLORADO. (iv) ORDINANCE NO . 34, SERIES OF 1998 (COUNCIL BILL NO . 23 , IN11tODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING Till.E 3, CHAPTER 7, SECTION 2, OF THE"ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING Till.E 3, CHAP1D 7, SECTION 2 AND ENACTING A NEW TITLE 3, CHAP1B 7, SECTION 2, ENTl11.ED SUPPLEMENTAL DISABILITY BENEFITS WIDCH PERTAINS TO DISABILITY BENEFITS FOR POLICE OFFICERS. (v) ORDINANCE NO . 35, SERIES OF 1998 (COUNCIL BILL NO. 24, IN11tOOUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING Till.E 3, CHAPTER 8, SECTION I, SUBSECTION 2 OF 11IE ENGLEWOOD MUNICIPAL CODE 1985 BY REPEALING nn.E 3, OIAPreR 8, SECTION I, SUBSECTION 2, AND ENACTING A NEW nn.E J, CHAP'reR 8, SECTION I, SUBSECTION 2, ENTITLED SUPPLEMENT AL DISABILITY BENEFITS WHICH PERTAINS TO DISABILITY BENEFITS FOR FIREFIGKIBlS. Motion carried . Ayes : Council Members Nabbolz, Gama. Bladlbaw, Habeaicllt, Waggoner, Clapp. 8- Nays: None (c) Resolutions and Motions COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (I) ud (la"). (i) RESOLUTION NO . 54, SERIES OF 1998 A RESOLUTION FOR THE TRANSFER OF FUNDS FROM 11IE GENERAL FUND TO 11IE HEALTH SELF-INSURANCE FUND . .. •· • 0 , I h&le"ood City Couacil May 11.1991 .. , • 0 t• - (ii) A LICENSE AGREEME?-IT W11H BOY scour TROOP #92 FOR 1HE USE OF CENTENNIAL LAKE. Ayes: Council Members Nabholz. Garrett, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None Mocioll canied. II ........ A..- (a) Appnml rl Ordinaiccs on Finl Reading Tllere were ao addilioaal items submitted for approval on first rading. (See Agenda Item IO • Consent Agenda.) (b) Approval fl Ordinances OD Second Reading There were DO additional items submined for approval on second lading. (See Agenda Item 10 -Consent Agenda.) (c) Resolutions and Motions 1beR were DO additional resolutions or motions submined for approval. (See Agenda Item 10 -Consent Agenda.) 12 . Geaeral DilCUIINIII (a) Mayor's Cboice (i) Mayor Bums advised lhere will be an open house on the 2fi"'. Wednesday aftcmoon, on the A VS house. He said be noticed they were paving the ckive1ny in the laa couple of days and it should be ready and it should be inlaating to see . He noccd it is a WI)' inlaaling house . (b) Council Member's Choice (i) A resolution supporting House Resolution 3206, regarding group homes, was a,nsidercd. The resolution was assigned a IIUll1ber and read by title. RESOLUTION NO . SS, SERIES OF 1991 A RESOLUTION SUPPORTING H.R. 3206, A BILL 10 AMEND 1HE FAIR HOUSING ACT . COUNCil. MEMHR HADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE RESOLUTION NO. 55, SERIES or 19'1. Mayor Bums IIOled thll Ibis l'elOlulioa does inwlve federal law with reprd to group bomcs. wbicb we have been~ intereltcd in i.ly, and be c:enainly supports il. Council Member Habeaicbl maAOlled tblll when she lllcnded the CML Policy Coauaiaee .... OD Friday, sbe brougbl up the~ and lllked iflhere werc other n,unicipalicia lllvin&-«the w ...... •· • f ? - • • 0 I• . • ' h&lewood City Coaac:il May 11, 1991 Paie7 a,occms that wc have. She advised thal Sam Dixion, who is a member of the CML Policy Committee and also ~ in NLC and active on one ol the Slecring commiuees that is addressing this issue, has indicated her willingness to bring our conc:cms to this committee. So, she said, she thinks we arc really moving in a good diJeCliaa here and thal there an: odler communities, in odler stales, that arc cer1ainly having the same kinds ol problems wc an: and that it is time to address the issue. Ms . Habenicht said she wanted to thank CML for dleir-'t. Mayor Bunls opined dial an OYCnll vigilance against aacmpts to take away local decision making is in order here. Not just with this law, but with ochers too. Motion carried . Ayes: Council Members Nabholz. Garrett, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None (ii) Council Member Nabholz: I. She mnindcd Council that the City of Littleton invited them to have breakfast with them on the 2811, of May. 2. She said she owes Code Enforcement and Chris Olson a big thank you. She advised they responded very quickly, in fact. about eight of them. and removed all the couches in those two blocks. Ms. Nabholz staled she was very thankful for that . 3. She IIOICld that in her CML newsletter there was an inlcrcsting wfor your infonnaioa" and it was in rcpnl to CIOde cnforccmcat afficcn aad a new league that has Slarled up aad it is called ACEO (Association ol Code EnfCIRlCIIIClll Officials of Colorado) and they wort on a variety of code enforcement issues. She advised lllll our own JoyQc Parwns is president ol that She off"crcd kudos to Ms. Parsons. (iii) Council Member Garrett advised that they had a meeting with the cilimls and Mr. Medler. who is ... he dloupl he said he was Chief Executive OfTICCr as opposed to Executive Director ... olDcvc11111mc•I Padlways. aad the s-ms oCthe gcntlcman who is in the home . He said he tbougbl the mcc:ling MIil well aad there was a lot oC good informalion passed along. Hopefully, he said. the lines oC com-icalioa will be more open. Mr. Mcckcr has promised to give him phone numbers for the cilimls to be able to call aad he has yet to call him . So, he COIDlDCIIICd, maybe they an: being inllalled. But ochcrwise. he aid. he tbougbl it went wcU and hopefully some good things wiU happen in that pan of the ncigllbortlood. Council Member Habcniclll llked if it was addressed. the concerns oC the ncighbon, thal if cvcrythiag went wcU with this home. with one residcnL what would be the process if this pcrson would apin decide to move. Council Member Garrett explained thal the expectatioas oC Developmental Pathways is thal this person will stay tbcrc and because of his condition. he needs to be aloac. They have tried him in diffcmlt settings. but this is the best. Mr. Garffll Sllled that he "-as moved into lhis i-,icular home, bccaUlc funds became available to rehab where he was living and made it -ol a puup home. wbcrc he tboupl they were going to be able to put in six or -people . Bue lhis pa-. unfOl1Unllcly. due to his conditions, IICleds to be &loac . From wbll they said, he noted. their expeallion is thal this will be a long time llllulioa and thal is their goal. Mayor Bunls said lhll he bad .,_ pod aJIIIIDCIIIS oa 11111 IIIICIUII, tbal il was wcll lmldled ad diSCRdly doac . Council Member Bndlbaw IIOICld she had alao beard good mmmrn«s ,. . ' •· • C , • Enstcwood City Council May 18, 1998 Pagel • 0 • Council Member Gam:tt advised that City Manager Scars came and was very supportive. Mr. Scars noted they did a pal job. (iv) Council Member Bradshaw said she would like IO tlwik the Englewood Police and Fire Department for their help last Friday afternoon at 12 :32 . She noted she was involved in a little crash, which was not her faull Somebody crashed into her, that the gentlemen thought he was putting his foot'on the brake and he hit the aaielerator and tocaled her car. at the comer of Dartmouth and Broadway. She said to tell the guys thanks. that she appreciales it very much. (v) Council Member Clapp : I . She said she was wondering if she could request a copy of an ordinance ... which she thought was the City of AMlda' s ... which exempted school fundraiser' s from local taxes . She thought they were the only ones. Council Member Bradshaw asked if she had a meeting al Cherrelyn on that. Council Member Clapp said they did . Ms. Bradshaw asked how it went. Ms . Clapp Slated it is very. very difficult to get all of the diff'ercna parent and teacher groups together al one time . The consensus of the group seemed IO be that they needed time to study it a little bit more. to look at the two alternatives. She noted that she was in hopes that they could come to some kind of a recommendation and conclusion. Whal they did come up with. she said. is a list of all of the pirclllS and teachers that participa1e in the fundraisers with the schools . She advised they will si~ send them both opcions. that they have come up with from the staff level. that Flllllk Gryglewicz and Sue Clark have worted so hard on. Basically, she said. they will ask them to come forward with a recommendalion in writing from each group. so that Council can get the whole feel for it. each individual's take on it. Thal Council can review it and hopefully come to some kind of a CX111Clusion. She asked City Manager Sean if they had given them some kind of a deadline on that. After conferring with Flllllk Gryglewic:z. Mr. Sean advised that they set that up for June ts•. Council Member Habenicbl asked if this is slill working through the School.City Committee . Council Member Clapp advised they met with the School.City Committee twice and they have studied it as a Council twice . She said she knows they had a sep1131e meeting. and unfonunate.ly it was oo a Monday night, with the school and iwair teacher groups . We have a Council IIICICting thal nigbl and were DOI able to attend that ~ meeting . She advised she asked if ii came up and they said yes it did. but they didn 't get inlO a lot of detail oo iL She noted they have a hard time with attendance al those meetings IOo. so she thought this was the best thal they could hope for . Ms . C1app stated they will try to get the recommendalions from the individual groups and then they can look at them all together. Council Member Habenicht asked if the School.City Committee will look at it fll'SI and then make a recommendation. if that was the process they were using . Council Member Clapp said she didn 't think so. that what they did was they decided they would go with the parmts and the tcacbers aaociation. She pointed out that they arc the ones that have to pu1 the fundraisers together. they are the ooes that arc going to have to deal with whatever conclusion we come up with. So, she said. she n:ally wants IO bear whal they have to say . Ms. Clapp opined that Council Member Bradshaw pul it best wbca she said that we don't want to pass something that they arc not going IO be happy with . Council Member Clapp mainWDed that if they have to deal with it, then they an: the people that we need to be talking with and making sure that we arc serving them to the best of our ability . Ms . Clapp said that is her feeling on that. City Manager SQrs Slated it was a good meeting and the concern that they all have is that they are somewhat of a fragmented group. because every school has a PTSO . But they were going IO try IO look at this as an en&ity and he thougbl they suuggled tluough it with the same undenaanding that the joint committee and also the City Council has had to deal with . They were kind of ... why doa 't we jllll do away with it. Mr . SQrs advised thal as they went tluough the opcions it became clear to them tblt. ewea by • ,. - • ... , •· • 0 ' • Eapewood City Council May 18, 1998 ··~' • 0 I• • going with the Slalc option, as an entity Ibey just didn't have the wherewithal Ibey thought Ibey had. He opined it was a pretty good infonnalion sharing session. Whether or not they can all come together with a recommendation. by the 1s•, we don't know. Mr. Scars noted he thought they felt !hey were obligated to proceed along those lines. Council Member Oapp SWCCI they are hoping to come to some kind of a a,oclusion hcR, pretty quickly ... school's gdling OUL Council Member Bradshaw 5lalcd we need to get that in place for fall fundraising . Ms. Clapp said yes and they will a,ntinue to wort on that. Mayor Bums commented that it seems like it was a good meeting . Council Member Clapp noted they are working on it and hopefully really soon that will come to conclusion. 2. Council Member Clapp said she wanted to personally thank Gary Sears for working on the Internet and pursuing some additional companies and really exploring some options . She noted she really appreciates that. (vi) Council Member Habenicht Slated that last week or so, she was attending a parade committee meeting and the group dropped her on her head and she assumed the Chair of the Englewood Holiday Parade. She said, really, thal she assumed that position and they have a number of volllllleers that have come forward. She advised they had a wonderful meeting last week with people who are very excited and very fresh and new and wanting to apprcciale all the wort that has been done in the past and pick up the baton and Slart running with iL Ms . Habenicht said they are rally appreciative of the wort that has been clone over the past two years and really wanting to see that continue. So, she stated. she is really excited that the people they are working with arc enthused and she knows they appreciate Council's support and everybody's support on this. Council Member Habenicht opined wc arc going to have a parade and it is going to be fun and it is going to be good and its going to be c:oorclinalm with all the things we need to be coordillllCld with. Mayor Bums thanked Council Member Habenicht for that and noted they could have some iDICrCSling themes as Cinderella Cily is being tom clown. Yes. Ms. Habenicht said. and if any body has any ideas. they are going to be coming up with die tbeme this week . They are bninslorming, she adviml and she wamed to let everybody know. She noted lhll «-idea lhal came out was somelhing like "Hard Hats on Parade." A COIISlruetion tbeme. Council Member Bradshaw said. Ms. Habcnic:bl DOied that is right. Council Member Garrett apologized for jumping back in, but he knows all the proposed names for '"blank" were submiaed the first part of March and wanted to know where wc arc with that. He noted they were going to get a list. City Manager Sears advised they have those and he asked Pauletta Punc:erelli to talk about that. where we are with the names . He said she is also doing our parade activity with Council Member Habcnichl Ms. Pllncerelli advised that what Ibey arc trying 10 do is c:omc to a point where they can come to Council in a Study Session and lei them have copies of the Cinderella City names that were suggested. Then let Council decide where they want to go from there and moving forward with the process of choosing ... maybe a list of finalists or something like that. So. she said, they arc moving forward with trying to get ii on a study session for Council some time soon and that is kind of tough . Council Member Bradshaw stated it is something the)• need to do soon . Council Member Garrett said he would like to have the name in place as we are blowing up the old CIIIC . • ,, - •. ., •· • 0 '32 x l - • 1:a&kwaod City Co.acil May 11, 1991 PqelO • 0 I • - Ms. Punccrd1i advised lbal as Ibey were lalking about it lasl week that as the clcmolilioo and all st.ans to come more to fruition that we would like to have a name in place, so they are !lying to fit that on to a 5IIJdy session. City Manqcr ScaR said why doo 't-shool for June 1•. Ms. Punca-clli ..,_s. She DOied the next two Study Sc.-are PffllY full and if there is a possibility 1h11 -coulcl move one. dUII is somc«hiag we could consider. She said she "-"5 1h11 Council Member Bradshaw has brought up in the past about having too may things oa oae Study Session is somrtimes tough. But, she DOied. 1h11 Ibis is an is.sue, !bat -lbal Ibey have the May 11• Study Scssioa bcbind us. dUII is kind of wbat Ibey were 'Waiting for. She said she bad talbd to a aJliple of Council members about dUII proccll aml -felt it miglll be pulling the cart before the bone, just trying to c'-a name before we evca 11J1 to the May 11• Study Session. So -tbat tbat is bcbind us. she aid, she thinks we can move it inlo p-, bec:ausc the list is all put IOFfber. There an: several names tbat were suggested -ai times and Ibey have bow mmy times dUII has been submitted, on the list, so they can sec thal. So, she advised. it is a just a matter of ,cuing it in the packet and giving Council the lisl. al this point City Manager ScaR suggesled they shoal for June 1 •, because they have EDDA that night. and also demolition scheduled. and !hat may be very close to what they an: talking about. Okay. Ms. Puncerelli said. Council Member Bradshaw questioned what they an: doing neKt week. City Manager Sears advised that oeKt week they don't have a meeting. Council Member Gana! noced it is Memorial Day. Ms. Punccrelli advised Council that what she thinks is probably going to happen is !hat once they sec the list they are going to sec thal there arc some really possible suggestions. Some rcally good, solid suggestioas. and they will probably be able IO whittle the list down prdy easily. because there an: some very oea1 names, some very creative and historic names. some real traditional names, some real avant-garde names. bul there is a small perc:mtagc that rally lend illelf to what she thinks Council is !lying to do with the complex. So, she maintained. they will probably find 1h11 it woo 't take them long to at least whittle tbc list down. She aid that she and Mr. ScaR have talked in the past about also submitting the list to our coasultalllS, to Skip Miller, Marilee Utter and Tim Leoaanl and also asking them for -input on what they think. since Ibey are playing such a -jor role also, in the inagc thal is going to be ponnyed for the complex. So. really, she said. once Council geu the names at the Study Session they can kind of talk about what makes ICIIIC for Council to move forward ... ifthey want to get bJFther apinjusl to wort on the names or if they want each Council member to submit suggestions or however they want to do it. City Manager Sears said they will sbooc to do that oa the 1•. Council Member Nabholz asked if Council could get the list of names in their packet prior to their June 1 • Study Session. Ms. Punccrdli said yes, that is what they were going to do. Council Member Garrett said he was wondering if they could have them now or if there WM some problem with that Ms . Puncen:lli said no. that the way they wen: first entered was entered on one software and they decided it would be easier and so they had to transition ii 10 a diff"en:nt software system ... ii is kind of a long story. Bui none-die-less. she advised. ii is all in place and n:ady to give 10 Council. ii is just a maaer of copying. So just send ii out. Council Member Bradshaw suggested and City Manager Sears ..,_s. This way, Ms. Bradshaw pointed oul, they will have think time. She opined. on this one, they need think time and Oil other things they don 'L Council Member Nabholz mggested they lei Tom Munds koow too, IO he c:an pul it in the Herald MIil 1001C of the names an: ro they can narrow ii down . -•• ..... • •· • '32xl • Enllewood City C011ncil May 11.1991 Pqell • 0 • Ms. Puncadli noted that is another thing. that they have had a couple of media n:qucsts wanting to see what the -wm: and Ibey didn 'I lb.ink that was a fair thing to do, since Council had not even had a chance to look • the names and to work on it yet. City Manager Sears .-d Ibey would gel the names to Council, that Ibey would try to get them to Council by the end o( the week . Council Member Habenicht sugested that if nobody bas seen the names yet and if the names ... if she is suggesting there arc: a lot o( goofy names and stuff like that ... that maybe releasing the list would be better when it is a list tbal has been whittled down by Council. City Manager Sears noced Ibey were all submitted. Council Member Bradshaw said they could do a whittle down on this list they are getting. Sure, Mr. Sears said. Ms. Puncerdli asked Council Member Habenicht if she meant lalking about making the whole list public so people can just see what all was suggested. City Manager Sears said he thought what she was saying was that some names seemed to be off ... kind of strange ... but on the ocher hand they were all submitted and people took time to fill out the papers, so they will give Council the entire list. Council agreed with thal. Ms . Puncerelli stated they would gel the list out to Council right away and they can all start looking at and on the 1 • decide where they want to go from there . ••••• Mayor Bums said he wanted to mention that he went to the Cherrelyn carnival on Saturday and that was a loc of fun and heavily attended. 13 . City Maaqer'1 llepor1 Mayor Bums noted City Manager Sears had an Englewood Center updale and two items from the City Manager's Choice from Council 's Study Session. (a) City Manager Sears asked that they go back to the Study Session. He advised that Harold Stitt will addras the first two issues. Mr. Stitt advised that in Council's packet there was a memo that outlined a couple of things for Council 's c:onsicleration. One was the residential developer selection criteria, wbich they are putting together before the residelliaJ developer RFQ . That will be going out either this week or early next week . Council bad indi~ II the last Study Session that they wanted to see the critaia. So they have made tbat available , be said, and what they would like to Ft is ay commcats they may have oa lbll crilCria so tbat they can be incorporated inlo it, since we have a fairly short time frame here to finisb putting Ibis pacliqc together and F(ling ii out to the 10 or 12 developers lbal have expressed an interat in Ille residential ~dopmcat at Cinderella City . As far as the ailcria. Council Member Bradshaw asked whit process they used to come up witb that.. She asked if that is jull llalldanl critcrill they IIIC. Mr. Stilt advised ii was taken from several different -. other RFQ ' s that have been put together. Some o( it is fairly llaDdanl kind o( iaa,ua,c. but they have tailored it to be more specific to the projca iUlelf, baled oa the Ulldcrlyina principall lor the ralevelopmeat of Cindcrdla City. Council Member Habenidll asked wlly there is a muimum buildiaa llcipt. Ri ... -· Mr. SliU IIMIDd. the 8-11.one District Im I .... buildio& beipl o( 100 feet and Ibey put 1h11 ia beclue they .-med - ,, - •. •· • - • Eaclewood City Council May 18, 1998 Pace 12 • 0 I• • ' that height limit would not be extended through the PUD process . He explained that equates to a ten story building. In fact, he noted, the two bank buildings adjacent to this City Hall site arc both in excess of 100 feet. Mr. Stitt SlalCd they put that number in as a maximwn, not ttally anticipating that dr:velopmenL in the near term at least. would exc:ced probably SO or 60 feet . ln response to Council Member Habenicht, Mr. Stitt advised that 100 feet is approximately ten stories. Council Member Waggoner said he noticed that they put land cost range of $6.00 to $8 .00 a squan: foot . He asked why they would not ask them whal they arc willing to pay for the property. Mr. Stitt explained that those numbcn -.e taken from the pro forma that was pm together on the project and that information has been requested to be made available . So, he said. putting a number in the pro forma and then having another nwnbcr in the request would be confusing at best. Council Member Bradshaw noted that some commWlitics ... and she didn 't know if this is throwing a wrench in the worts ... that she knows in San Antonio they have used air space , they have leased air space over things, not just the footprint, but the space above it. But this docsn 't apply to that, she commented. that he is just talking about the footprint space . Mr. Stitt said that is correcL it is just the ground costs. Mayor Bums asked if there were any other questions or comments on the criteria. Mr. Stitt staled that the second item is on the last page of that memo and what he has done is put together two time frames for the PUD proc;css. In the cen1er column is a typical schedule. based on an anticipaled start time of approximately the middle of June for the PUD process . He noted our PUD ordinance requires a neighborhood meeting before an application can be submitted, so they have tentatively set June 18". Mr. Stitt explained that that date is not solid that he just plugged a date in to get an idea of how the timeframc would work . He said they can sec that through the various individual deadlines within the PUD process the typical schedule would result in the PUD becoming effective on October 2sm . There is an acceleraled schedule and the difference between the accelerated schedule and the typical schedule. he said, is that we moved things up a few days in most cases . The most significant change is after the Planning Commission. He said they will notice that the Planning Commission would hold first reading on August 3"', potentially. then we would post the notices and publication for the public hearing on the 24". Typically. he noted, they would suggest a public hearing date approximalely 30 days after first reading. He advised that is not written into the Code. but they typically provide time for posting and publication. Whal they have done in this case is accelerate that so that they have posting and publication meet the minimum criteria. IS days, and then hold the public hearing as soon afterwards as possible . That is concluded.. he poinlcd ouL by Council having a second reading and the decision on the public hearing, immedialdy after the public hearing on the 24", ralhcr than holding off for another two weeks or until the next meeting. Council Member Habenicht staled that one of the discussions they had during the Study Session on May 1 llh, about the conccpc for Cinderella C ity , was that they talked a lot about a presetllalion. about whal kind of residential development they were looking at. They talked a lot about what the target area income was and asked about what the demographics of that person mighl be. She said she thought the response they received, as they were talking about the conccpc . was that probabl y they were looting. not • families per se , because they were looking primarily al two bedroom units and probabl y the people that would be doing a lot of commuting . They talked about the profile of somebody who be ... one famil y member would be commuting downtown and the other to the Tech Center and the like. And they talked about the impact on the schools. they saw that that was not what the target was going to be for this residential development They were looking that possibly this mighl be the place thal our empty nesters would be going into and the like. And yet, she pointed out. they talk about farst noor commercial to include retail office and ICIVice uses with neighborhood relalcd uses, such as daycare , are encowaged. Ms. Habenichl said she thoughl they were looking for daycare to be a pan of the overall developmenL in terms of serving the llllllit. not necessarily serving tbose residents here . She opined that thal sets a uemea& that they werm '1 rally looking for in the residential dr:velopment and she is a li ttle concerned about that one criteria. • ,. - .. •· • , - • • E•clewood City Council May 18, 1998 Pa~ll '· • • • Mr. Stitt 5lalecl that the idea to have the daycare provision in the residelllial, -to provide that service to any raideats who did have kids. But it is also just to open up the possibilities for daycare on the site. so that if the provider of the relail space on the first floor -intercsled in leasing to a daycare provider, that that would be appropriate or as appropriale as anyplace else on the site. Council Member Habenicht said if that is the use though ... if Ibey are talking about a particular kind of residenlial 1111C ••• like Ibey talbcl about play pounds or something like that and when: Ibey would be localed ... that she just cloesn 't think that that s&llanent is approprialc in that prospectus. She llalcd she is all for having daycare on the site and clewloping a really dynamic~ program, but she does DOl think it should be part of this prospectus. That would be her conc:em. City Manager Sears advised Ibey can change that. that Ibey were looking for ideas . Mayor Bums said yes, that be cloesn 't think it is cast in concrete, that it may come up later on . Council Member Habenicht Slated she would just son of like to see that pan removed. Council Member Bradshaw opined that it needs to Slay. Mayor Bums said be cloesn 't know that Ibey ought to say it shouldn't be there at all. It is an idea, thal he didn't think it was fixed. Council Member Habenic:hl 5lalecl that when we put SlatemeDIS in like thal thal is why Ibey ended up getting only power centers, when Ibey were asking for what kind of development we wanted at Cinderella City. She maintained that if Ibey put that statement in lherc that is going to develop a low income housing at that site and tbal bas been a a>ncen1 that Lauri Clapp has brought up and she tends to agree with that Mayor Bums COIIIIIIClUd that just because it is a family docsn 't mean thal it is low income housing. Ms. Habenidll maiDllined she -DOI sugclling that either, that she is talking about the questions Ibey had in terms of wbll lhey were looking a She asked if that was the dim:tion Ibey were heading in. that they tded about ia. Monday or IIOl Council Member w...-, llll&CIIClll lhey just change it to say ~first Ooor commercial could include ... " Council Member Habenic:lll agreed. Mayor Bums noccd that the ClODIUl!aNs said lhey only expect about 12% of the units to have children, something like that. it -I preay low percentap. He commented that lherc may DOI be enougb to support a daycare. Council Member Habenic:lll said ii is nol likc she is.,._ cllilchn or anything. bul she is really wantin& to rd1ecl what she underm>od -the direction they -aying to go in. Mayor Bums said he tboupt lhey could take ii out and if lhey have more families than expeded you may have someoae who wanu to oome in and do that. COWICil Member Habenic:lll advilCd 1K does DOI MIii ii to be in theR so 1h11 somdlody tbinks that the only way Ibey are fllinl to be PUii in die bid is that Ibey put in daycare as part of the thing. 'Iba&. libe noccd, ii her ..,;or QOIICCl1l. Council Member Bnidlbaw lllgelled dley just leave it Mfirst ftoor COlllllla'Cial URS." ComiciJ Member Habelliclll said dill ii ,ood. a Ma dlll. Alld then. Ms. Bradshaw DOied, la the commcrcia1 didalc wllatevcr ii is. Ms. Habcnidlt said libe lilies 1h11 . Ms. Bradshaw asked if that will wort or nol. • .... ' •· • 0 • l.qlewoed City COIIKil May 11, 1"8 ... 14 • 0 • Mayor Bums said he thought• their mectiag dley aDII rmil afficc. pn,(Cllioaal offices. doctors. clcnlilU. wbalever. He noted whm we dliak m -aai • -111 tllliak ... ill a llloppinc cemcl" ... retail 111d -,be it is good to suggest a few adleR. ~ Maaer ...._ aired lluw about "mixed use finl floor." Mr. Stitt advised that what Ibey are trying to do is make ..e 11111 the relail uses. • least the majority of them. support the residential. Wblt about. Council Member Btadlllaw .... "CllmlaCldal -dilll lllppllll raideatial cleYdopmcnt" Mayor Bums opined 1h11 is a broad eaoup aitaia 111d it is delc:riptM. Council Membcr Bradshaw lllled dlll sbc wan&s Slafrto also look ll the a'Cllivity mthcse folks . She noted anybody can build a box . Mayor Bums agRed and said 1h11 he thinks we should be innovative. So. City Mamger Scars Slid. "fi,. floor c:ommercial that supports residential use ." He stated Ibey will just change iL He a,mmc:nted that is good. Mayor Bums staled be bad a quesaion oa the limeline. The project schedule Ibey had on the 11"' bad the PUD completed on November 2.,., the typical schedule is October 25"' and the accelerated is September. Mayor Bums asked if he was a>ordinating with our consultanlS on timing. because on the residential Ibey have March 2~ of the year 2000 a,mpletcd and lie bas July, which is a later date. Mr. Stitt advised that Ibey haven't nailed down all those dates yet, Ibey are laking a look at what the possibility is. The latest date would be when the light rail opens. so Ibey want to perhaps leave that window then:, but if then: is anyway 1h11 those uses can be brought on line sooner than July 2000, that is certainly what Ibey would be aiming for. Mayor Bums commented that if Ibey Wget July and then Ibey miss it, the light rail is in and you are late. So maybe, he suggested. it is better to shoot for a little bit earlier. Council Member Garmt said, for what it is worth, that be is for the acceleraled schedule. Council Member Bradshaw asked what was the benefit of having it accelerated. Mr. Stitt explained that the benefit is to have that more: clolely fall in line with the August 11 111 date and the signing of any contract development agRICIIICIIIS . It moves along faster and provides some assurances. to the lessees, that yes then: is a planning process in place and we know what the deadlines are . Mr. Stitt 5llled that one m the concerns Ibey have beard exprased. by some of the retailers, is that we have to go through Ibis process and since it is a public proccss then: is always an opportunity that then: could be delays introduced into that and thal would cause them. po1enlially, some financial loss . Because Ibey assume, when Ibey sign a COlllract, that the site will be delivered on a certain date and the zoning will be in place. He advised he is not here to say, necessarily, 1h11 we can adhere to Ibis schedule. because then: are all sorts m littJe zigs and ags that can occur along the way. But to the greatest extent possible, he noted, we would try to IOOYC the proceu ahead of the typical process . So, Council Member Bndlhaw said. Ibis would save us 30 days. Wdl, Mr. Stitt 5Wcd. 1h11 could be an imponant 30 days. but that is about what it saves us. Mayor Bums staled he is for it too, 1h11 if our process gets delayed. then you have a delay. He noted dlll a consuuction delay you can patiapa lllllle up, but our process just bas to go through certain lleps. He opined it is COllllrUCtivc to try to accdcralc it a little. Council Membcr Bradshaw asked if dlll is the consensus of Council. • ·- •· • 0 f ]- • • • h&lewood City C•ac:il May 11, 1991 Pqel!I ,. Mayor Bums asked if there is a COIIICIISUI al Ibis point. Council Member Waggoner lfa&od be would say they move it forwud IIICltber month if they could. Council Member Bradsbaw apeed. Council agreed on the accelenfal scbedulc . (b) City Mlmpr Sears noted Ibey banded OUl a lea« &om the Public Works~ on the An:bdiocele Tour OD the '11,•. He said they have I bus for 25 people 111d they want IO have the Council and -lld'mcmben go. He asked lhal Council let him "-8 iflbcy an: ilmatecl. ID relpOIIIC to Mayor Buras. Mr. Sears explained. 1h11 apparenlly lhis is a raidmaal pnijcct lhal David Tryba was inwlwd in, 1h11 is similar IO the types of tbiogs be laid OUl or were dilCUDed at the other meeting. Mayor Bums c:ommellled 1h11 the memo says it is designed wort for the office ara at 1h11 facility, so be was a little coafuled by lhal. He asked if it is residential. City Mampr Sears advised that it is bis Wldcrstanding 1h11 it is residcnlial. Ac:lually. be said, it may rdalC IO the City Hall . He asked 1h11 they let him verify thal. He said he was sony. 1h11 be bclic\'a it was the City Hall . Mr. Sears advised they will confirm that and give them a telephone call tomorrow. Council Member Bradshaw asked if it was at 2:30. Mr. Sears advised lhal it is• 3:30. Council Member Bradshaw sugcsttd Ibey just confirm who can go right now . Sbe asked ifthal wouldn't belp save phone calls. Sbe said sbe can go . City Mlmpr Sears noted it is next Tuesday. Mayor Bums and Council Members Bradshaw, Habcnicbt, Nabholz advised Ibey would be going. (c) City Mlmpr Sears advised be would be out of town the next couple of days with the conferenc:e for taaats and during thal time Cbris Olson will be running the show. (d) City Maaqcr Scars noted be attended the Air Life Memorial rualwalk yellelday. He said he 1'111 with tbat. slowly. but be just wanted to say 1h11 Englewood was well serwd. Cbris OIDl 's troops were out there 111d Jim Ulricb did a rally good job on 1h11. Mayor Bums coaunet*CI that there was good publicity, J1R11 on thal ... TV cbamds . ••••• Council Member Gu1ett lfa&od there is inleral, by other tbeatcrs, IO come bae. He said there is - Fnui.ac intcral. by people who bavc CXIIIUCted him ... they want IO be bae. Council Member Bradshaw asked if they want to be 24 or 12 . Council Member Gama commaud 11111 lhll is wbeR we can uae lhis IO our advanlqe. ••••• Council Member Hlbaliclll advised. will be ........ meewia '--· ... die c.ai.. Ana Commiwoa is~• a lllbcommiaee, the committee• a wllole. to...._ ,-Mc 111 ia 1111 Cily ..a art OD the pedalal. She aid sbe IIDowl lhll WII oae al the dliap dial dlis .... WII ca lsdomd ID do ·- .. •· • 0 . -; ' ... t , I ~! I; I; if!i,. . I f I Iii ~ I 1 ~ iII a I I rl I I ,n !'i I .. 1, ~ s :11 : I 1 !J~ : t f !al i lj ' • ' l .1 i •ti l !t1 '•I fU • ~ 0 • J·1··i llf . i'! llf I l iff . ·l ff.·-.;-f .9 f ,-; if ;~ J ·1 1,-JsBlli . ! I ·1 ja · 9 l~lal !~· j i I i 8 1 ·s I JI l t 1 ~11·11,1~~~ ·! JI 'I tr1 1 1 11 11· f ( f sl ·= I I~ JI f I r'f :is ?~ tf f iF ·1 11 !if :r l 11 ~ !If f J ( 11' 1 I Jr . !1~ sR'i,f !~ ft J.1'1 111,i ,• t( a.1 f.f1· .J I f. ~111 litla I! r : s . · Iii~ t ··1 s1 I JI ~ l1·11.1 a,. ~ I ·f s ,· 1 ! i 1 1', ~ I iflsf1 !I i : · lil I · i lJ f~Y ii!J, I r u ~ r I .. ' ~ . ~ 1..-,J I • • 't I • ~ -• • t• . -' <. ... \ fax .tit S-27-1998 3 ,S3PM FR01 ENQ..EWOCX) a-w"3ER 303 789 0098 . -· ...... LEADERSHIP ENGLEWOOD CLASS OF 1997-1998 ~ancyAkers 4162 S . Lincoln St., Englewood, CO 80110 •. J - Home, 781-3199; B~ss. 762-2492 (o f?/_ UOl l JP{{/'+ r , r :i'· f ~S ':> V ~PP-4500 S . Shemlan St., Eoglewood, CO 80110 Home, 761-1825 v corrine Lindsey . 3150 S. Acoma Sl, Englewood. CO 80110 Home. 788-0272 v RoblnLenz 1673 E . Girard Pl., #531, Englewood. CO 80110 Home, 332-9311; Businen 789-4473 V Debi Medlock 3182 S. Fox St., EnglewOOd, CO 80110 Home. 781-3908; 762-7492 V Ann Nabholz 2990 S . Delaware St., Englawood. CO 80110 Horne, 789-5327 (Ytv,1 ~ Shannon O 'Leary 1331 E. Bates Pkwy., Er,glewood, CO 80110 Home, 781-7561; Bu91nen, 271-7329 Debbie Peny-SmlUl 3162 S. Gaylord SL. Englewood. CO 80110 Horne. 781-7696;9uslnes1,781-0230 J Pelrlels 9l8ve11s 10685 w. Beff'y Or., Utllelon, co 80127 Home, 971-0176; Bualneu 7MM473 .Pac,ala ::»vu.•• "4621 W. 1099' Av., W"'"*-'8r, CO 80030 Home ;404-0902;Bullne91, 7MM473 I.NdlrlhlP Englewllod ,.-,.-A Program at lie Gr9* lil,UIIAOOd a.llber at OanllwCa /, 7 \, 1 (/ c L "'~ • . Page 1 \ P .2 .. • • 0 -• 0 - PROCLAMATION WHEREAS. recycling saves precious energy. conserves valuable natural resources. protects the envtronment. reduces landfill needs and has a positive economic impact. by creating jobs and paying citiZens for their recycling efforts: and WHEREAS. the State of Colorado benefits greatly from having one of the most successful and e.'Ctensive voluntary recycling programs In the nation : and WHEREAS, It is appropriate to encourage continued Interest in recycling to assist in the enhancement of communities and in recognition of the principles of buying products made from recycled materials: and WHEREAS . Colorado Recycles Is a statewide. non -profit. educational organiZation promoting the growth of recycling in Colorado : and WHEREAS . the impact of Colorado Recycles and all recyclers will continue to aid the State's ec onomy and will be beneficial to the environment: NOW THEREFORE. I. Thomas J . Bums. Mayor of the City of Englewood . Colorado . hereby proclaim the month of.,_., 1988 ae : CQLOP4DO IIBC!"a,IRQ 11011TB in Englewood. Colorado and I urge all my fellow c itizens to support recycling. GIVEN under my hand and seal this 1st day of June. 1998. Thomas J . Bums. Mayor ' •· • f ]- - • 0 • ~~ WHER= by.><, ofCongre,:: :: ::~: :~~, 0 :~d J=• 14. 1777 w ~ ~ first official Flag of the United States was adopted; and WHEREAS, by Act of Congress dated August 3. 1949 , June 14 of each year was designated "National Flag Day;" and WHEREAS . Flag Day celebrates our nation's symbol of unity , a democracy in a republic. and stands for our country's devotion to freedom and to equal rights for all; and WHEREAS , the CongTess has requested the President to issue annually a proclamation designating the week in which June 14 occurs as "National Flag Week;"' and WHEREAS. on December 8 . 1992, the National Flag Day Foundation was chartered to conduct educational progTams and to encourage all . .\mericans to P . .\L"SE FOR THE PLEDGE OF ALLEGL.\NCE as part of the celebration of ~auonal Flag Day throughout the nation; and WHEREAS , by . .\ct of CongTess . dated June 20 . 1985 . Public Law 99-54 was passed to having the PAU SE FOR THE PLEDGE OF ALLEGL-L'\'CE as ?art of the celebration of National Flag Day throughout the nation: and WHEREAS , Flag Day celebrates our nation's symbol of uruty . a democracy in a republic. and stands for our country's devotion to freedom to the rule of all. and to equal rights for all: NOW THEREFORE. I, Thomas J . Burns. Mayor of t he City of Englewood. Colorado . hereby proclaim .i-• 14. 1118 u: n.AGDAY in the City of Englewood . Colorado. I urge all citizens of Englewood to pause at 7:00 p.m . EDT on this date for the eighteenth annual National P . .\L"SE FOR THE PLEDGE OF ALLEGIANCE to the Flay and join all Americans m rec1ung t he Pledge of Allegiance to the Flag of the Uruted States of America . GIVE N under my hand and seal this 1s t day of J une . 1998 . T h om a s J . Burns, Ma yor 8b Pnnted on Recycled Paper,~ ' . . , . ' " I· • 0 C ' • 0 ;, • PROCLAMATION WHEREAS. the Englewood Downtown Development Authonty is celebrating the 10th Anniversary of the Sounds of Summer Concert Series; and WHEREAS, the Sounds of Summer Concerts have become a greatly anticipated cultural tradition in Downtown Englewood ; and WHEREAS , opportunity is provided during each concert for local talent to be show cased including highlights from the Englewood Summer Drama :V!usic Program: and WHEREAS. the Englewood Cultural Arts Commission wholeheartedly endorses the E.D .D .A Summer Concert Series; and WHEREAS , the concerts are offered free to the public and appropriate for all ages and are therefore a cultural event available to all; and WHEREAS . the E .D .D .. ..\. Summer Concert series promotes co mmuruty pride and cultural identity for Englewood's citizens and businesses as well as benefiting Englewoo d's economy : NOW THEREFORE. I , Thomas J . Burns. Mayor of the City of Englewoo d . Colorado and Members of Englewood City Council. hereby wish to congratulate and further express our appreciation to the : ENGLEWOOD DOWNTOWN DEVELOPMENT 10TH A.VNIVERSARY OF THE SOUNDS OF SUIDIEJl CONCERT SERIES in the City of Englewood , Colo rado. I urge all of the City of Englew oo d to recogruze and support dus cultural tradition m Downtown Englewood prom oting commuruty pnde and culture . Gl'lEN under m y hand and seal tlus 1st day of June . 1998 . Thomas J . Burns , Mayor Beverly Bradshaw Alexandra H a bl!rucht. :Ma yo r Pro Tern Laun Clapp Doug Garrett Ann '.':abhol z Kells Wag go ner ' ,. . 8c \ . ~.~ ,[fr, .. I • • C , ]- - • • • • •, • PROCIAMATION WHEREAS. Leadership Englewood is a program designed by the Greater Englewood Chamber of Commerce to develop new leadership in the community; and WHEREAS. Leadership Englewood graduates received a broad view of civic leadership by participating in lectures, group discussions, case studies, and field experiences; and WHEREAS. .Mllapllfticipated in the Leadership Englewood program; and WHEREAS. Nancy is committed to helping the community by becoming an effective community leader; and WHEREAS. Nancy is concerned about Englewood's place in the Denver metropolitan area; and WHEREAS. Nancy wanted to learn about the services and needs in our community; and ,, - WHEREAS. Nancy should be commended on her commitment to the future of Englewood ; NOW THEREFORE. I, Thomas J. Bums. Mayor of the City of Englewood , Colorado, hereby congratulate Nancy Akers on her successful completion of the Leadership Englewood program, and commend her for her civic pride and community contributions. GIVEN under my hand and seal this l" day of June, 1998 . Thomas J. Bums , Mayor . ' • . .. • • - - ,, • • • ,. . " · ... • . ' .. PROCLAMATION WHEREAS, LelUiership Englewood is a program designed by the Greater Englewood Chamber of Commerce to develop new leadership in the community; and WHEREAS, LelUiership Englewood graduates received a broad view of civic leadership by participating in lectures, group discussions, case studies, and field experiences; and WHEREAS, articipated in the Leadership EnglnYOOd program; and WHEREAS, Lauri is committed to helping the community by becoming an effective community leader; and WHEREAS, Lauri is concerned about Englewood's place in the Denver metropolitan area; and WHEREAS, Lauri wanted to learn about the services and needs in our community; and WHEREAS, Lauri should be commended on her commitment to the future of Englewood; NOW THEREFORE, I. Thomas J. Bums, Mayor of the City of Englewood, Colorado, hereby congratulate Lauri Clapp on her successful completion of the Leadership Englewood program, and commend her for her civic pride and community contributions . GIVEN under my hand and seal this l" day of June, l 998. Thomas J. Bums, Mayor ,, -. . . . ' .. ... . , •. • • 0 - J- • . .. · ... • <, PROCLAMATION WHERE.AS, Leadership Englewood is a program designed by the Greater Englewood Chamber of Commerce to develop new leadership in the community; and WHERE.AS, Leadership E~ graduates received a broad view of civic leadership by participating in lectures, group discussions, case studies, and field experiences; and WHERE.AS, Robin is committed to helping the community by becoming an effective community leader; and WHERE.AS, Robin is concerned about Englewood's place in the Denver metropolitan area; and WHERE.AS, Robin wanted to learn about the services and needs in our community; and WHERE.AS, Robin should be commended on her commitment to the future of Englewood; NOW THEREFORE, I, Thomas J. Bums, Mayor of the City of Englewood, Colorado, hereby congratulate Robin Lenz on her successful completion of the leadership E"flewood program, and commend her for her civic pride and community contributions. GIVEN under my hand and seal this 1 n day of June, 1998. Thomas J. Bums, Mayor ' ' .. • • 0 - 1- • • • PROCI.AMATION WHEREAS, Leadership Englewood is a program designed by the Greater Englewood Chamber of Commerce to develop new leadership in the community; and WHEREAS, Leadership Englewood graduates received a broad view of civic leadership by participating in lectures, group discussions, case studies, and field experiences; and and WHEREAS, Corrine is committed to helping the community by becoming an effective community leader; and WHEREAS, Corrine is concerned about Englewood's place in the Denver metropolitan area; and WHEREAS, Corrine wanted to learn about the services and needs in our community; and WHEREAS, Corrine should be commended on her commitment to the future of Englewood; NOW THEREFORE. I, Thomas J. Bums, Mayor of the City of Englewood, Colorado, hereby congratulate Corrine Lindsey on her successful completion of the Leadership Englewood program. and commend her for her civic pride and community contributions . GIVEN under my hand and seal this l" day of June , 1998. Thomas J. Bums, Mayor •. . . . ' • • 0 - - • \• • • . . PROCLAMATION WHEREAS, Leadership Englewood is a program designed by the Greater Englewood Chamber of Commerce to develop new leadership in the community; and WHEREAS, Leadership Englewood graduates received a broad view of civic leadership by participating in lectures, group discussions, case studies, and field experiences; and WHEREAS, ·Medleckfl,articipated in the Leadership Englewood program; and WHEREAS , Debi is committed to helping the community by becoming an effective community leader; and WHEREAS, Debi is concerned about Englewood 's place in the Denver metropolitan area ; and WHEREAS , Debi wanted to learn about the services and needs in our community; and WHERE.AS , Debi should be coaunmded on her commitment to the future of Englewood ; NOW THEREFORE , l. Thomas J Bums , Mayor of the City of Englewood, Colorado, hereby congratubtt Debi Medlock on her successful completion of the luuiership Englewood program . and commend her for her civic pride and community contributions. GIVEN under my hand and seal this 1 • day of June, 1998. Thomas J. Bums, Mayor '• ' I •. ' .. • • 0 - - • • • • ., (. PROCLAMATION WHEREAS, Leadership Englewood is a program designed by the Greater Englewood Chamber of Commerce to develop new leadership in the community; and WHEREAS , Leadership Englewood graduates received a broad view of civic leadership by panicipating in lectures, group discussions, case studies, and field experiences; and WHEREAS and 'cipated in the Leadership Englewood program; WHEREAS , Ann is committed to helping the community by becoming an effective community leader; and WHEREAS , Ann is concerned about Englewood's place in the Denver metropolitan area; and WHEREAS, Ann wanted to learn about the services and needs in our community; and WHEREAS , Ann should be commended on her commitment to the future of Englewood ; NOW THEREFORE, I, Thomas J. Bums , Mayor of the City of Englewood, Colorado , hereby congratulate Ann Nabholz on her successful completion of the Leadership Englnvood program , and commend her for her civic pride and community contributions . GIVEN under my hand and seal this l " day of June, 1998 . Thomas J. Bums, Mayor •. ' ., • . , • 0 - - • ,., • • <. ... PROCLAMATION WHEREAS , Leadership Englewood is a program designed by the Greater Englewood Chamber of Commerce to develop new leadership in the community; and WHEREAS , Leadership Englewood graduates received a broad view of civic leadership by participating in lectures, group discussions , case studies, and field experiences; and WHEREAS, program; and ai.e.,fparticipated in the Leadership Englewood WHEREAS , Shannon is committed to helping the community by becoming an effective community leader; and WHEREAS , Shannon is concerned about Englewood's place in the Denver metropolitan area; and WHEREAS , Shannon wanted to learn about the services and needs in our community ; and WHEREAS , Shannon should be commended on her commitment to the future of Englewood ; NOW THEREFORE, I, Thomas J. Bums, Mayor of the City of Englewood, Colorado , hereby congratulate Shannon O'Leary on her successful completion of the Leadership Englnvood program, and commend her for her civic pride and community contributions . GIVEN under my hand and seal this l " day of June , 1998 . Thomas J. Burns , Mayor ,- ' •. . . . ... .. • • 0 -• • • .. PROCLAMATION WHEREAS, Leadership Englewood is a program designed by the Greater Englewood Chamber of Commerce to develop new leadership in the community; and WHEREAS, Leadership Englewood graduates received a broad view of civic leadership by participating in lectures, group discussions , case studies , and field experiences ; and WHEREAS, program; and Ptny-5addtf>articipated in the Leadership Englewood WHEREAS, Debbie is committed to helping the community by becoming an effective community leader; and WHEREAS, Debbie is concerned about Englewood's place in the Denver metropolitan area; and WHEREAS , Debbie wanted to learn about the services and needs in our community; and WHEREAS, Debbie should be commended on her commitment to the future of Englewood; NOW THEREFORE , I, Thomas J. Bums, Mayor of the City of Englewood, Colorado, hereby congratulate Debbie Perry-Smith on her successful completion of the Leadership Englewood program, and commend her for her civic pride and community contributions. GIVEN under my hand and seal this l " day of June , 1998 . Thomas J. Bums. Mayor ~-·•• l e n =,ocyc ., "ict< ·:) . ' •. .. • • 0 ]- - • • •, • .. PROCLAMATION WHEREAS, Leadership Englewood is a program designed by the Greater Englewood Chamber of Commerce to develop new leadership in the community; and WHEREAS, Leadership Englewood graduates received a broad view of civic leadership by participating in lectures, group discussions, case studies, and field experiences; and and · cipated in the Leadmliip E11glewood program; WHEREAS, Patricia is committed to helping the community by becoming an effective community leader; and WHEREAS, Patricia is concerned about Englewood's place in the Denver metropolitan area; and WHEREAS, Patricia wanted to learn about the services and needs in our community; and WHEREAS, Patricia should be commended on her commitment to the future of Englewood; NOW THEREFORE, I, Thomas J. Bums. Mayor of the City of Englewood, Colorado, hereby congratulate Patricia Stevens on her successful completion of the Leadership Engle,vood program, and commend her for her civic pride and community contributions . GIVEN under my hand and seal this la day of June, 1998 . Thomas J. Bums, Mayor '' • ' .. • • 0 - • • • • COUNCIL COMMUNICATION Data Agenda Item Subject June 1, 1998 Animal Housing Services 10 a i Agreement Initiated By Staff Source Safety Services Division Chief Robert Moore COUNCL GOAL AND PREVIOUS COUNCIL ACTION Regional cooperation: In 1991, the Englewood City Council approved an Animal Housing Services Agreement with the Colorado Humane Society, Inc. to provide day-t<Ktay services at the Englewood Animal Shelter. The Contract was renewed by Council passage of Ordinance No . 37, Series of 1996 , for the period of July 1, 1996 through June 30, 1998. RECOMIENlED ACTION Approval of a new Animal Housing Services Agreement with the Colorado Humane Society to run the Englewood Animal Shelter, said agreement to be on a two year renewable basis. BACKGROUND, ANALYSIS, AND AL TERNATNES IDEN11FED Prior to 1991, Englewood employees, operating under the supervision of the Police Department, ran day-to-day activities at the shelter, including the adoption, release to owners and destruction of animals. as necessary . In 1991, with animal control under the jurisdiction of the Community Development Department, it was determined that contracting out the operation of the shelter, while retaining animal control responsibilities, would be a more efficient mode of service delivery for the City. After researching potential contractors , the bid for services was awarded to the Colorado Humane Society, Inc . in the form of a five-year. rate-adjusted contract. Upon expiration of the Contract , staff researched other options utilizing Colorado Humane Society as a contractor, including the return of the shelter to Englewood management in a cooperative venture with other local agencies . After much research , it was determined that contracting the Colorado Humane Society continued to provide a more efficient option that any others researched . Now , in 1998 , that premise continues to be true . •. I· • 0 ]- - ORDINANCE NO. _ SERIES OF 1998 • • • .. BY AUTHORITY AJIILLFOR COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE APPROVING THE RENEWAL OF AN AGREEMENT WITH THE COLORADO HUMANE SOCIETY AND THE CITY OF ENGLEWOOD FOR THE LEASE OF THE ENGLEWOOD ANIMAL SHELTER. WHEREAS, the City of Englewood Animal Shelter was operated by the City of Englewood under the auperviaion of the Police Department until 1991; and WHEREAS, in 1991 Englewood's animal control was under the juriadiction of Community Development and it waa determined that contracting out the operation of the animal shelter, while retaining animal control reaponaibilities by the City, would be a more efficient mode of service delivery for the City; and WHEREAS, the Englewood City Council approved an Animal Housing Services Agreement with the Colorado Humane Society , Inc. by the passage of Ordinance No . 17, Series of 1991, to provide day-to-day services at the Englewood Animal Shelter and the contract expired in May of 1996; and WHEREAS, the Englewood City Council approved an Animal Housing Services Agreement by the passage of Ordinance No . 37, Series of 1996 with the Colorado Humane Society, Inc. to provide day to day services at the Englewood Animal Shelter with the Contract expiring June 30, 1998; and WHEREAS, after researching potential contractors, the bid for services has been awarded to the Colorado Humane Society, Inc. to run the Englewood Animal Shelter; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Se<;tion 1. The Agreement between the Colorado Humane Society and the City of Englewood, Colorado for the leaae of the Englewood Animal Shelter, attached hereto u "Exhibit A," ia hereby accepted and approved by the Enslewood City Council. Sed,jop 2. The Mayor ia authorized to execute and the City Clerk to atteat and seal the Agreement for and on behalf of the City of Englewood, Colorado. Introduced . read in full , and paaaed on first readina on the lat day of June , 1998. -l - ,, -. . , .. • • 0 -• ,. • • -t. Published as a Bill for an Ordinance on the 5th day of June , 1998 . Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Cle.rk I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full , and pa11Sed on first reading on the 1st day of June , 1998. Loucriahia A. Ellis -2- ,, -. ' ' .. • • 0 ]- • 0 I • • ANIMAL HOUSING SERVICES AGREEMENT This Agreement is entered this 1st day of July, 1998, by and between the CITY OF ENGLEWOOD, a Colorado municipal corporation. 3400 South Elati Street, Englewood, Colorado, 80110, (the "City"), and THE COLORADO HUMANE SOCIETY & S .P.C.A., INC., a Colorado nonprofit corporation, 11490 York Street, Thornton, Colorado 80233, (the "Contractor"). RECITALS 1. The City desires to contract with the Contractor to operate its animal shelter facility and program. 2. The Contractor has the desire and the expertise to operate such a facility and program. In consideration of the mutual covenants and promises of the parties hereto, the City and the Contractor covenant and agree as follows: SECTION 1 CONTRACTOR SERVICES AND OBLIGATIO!S"S A. FACILITY. The City herein leases to the Contractor the Englewood Animal Shelter facility located at 2760 South Platte River Drive , Englewood , Colorado. at a lease rate of Sl.00 per year. The facility shall be used and occupied exclusively as an animal shelter facility for the City of Englewood and other municipalities or entities for a period of tune no longer than the term of the Agreement. Such facility shall be operated in accordance with all appropriate State, City and other applicable laws and regulations. The City shall furrush to the Contractor, upon request, copies of any and all relevant laws, regulationa and ordinances and shall provide in writing those City practices which relate to its animal shelter activities . B . The City herein acknowledges and agrees that the Contractor has the right to contract with other municipalities and entities to proY1de animal shelter services for them at this animal shelter facility . However, the City of Enclewood shall have lint (lat) priority in the event the animal shelter facility ii full. Shelter staff shall insure that at least one dog run and one cat cace ii available for animals impounded after hours on weekday, and at leaat two dog runs and one cat cage available for weekend use . The City further acknowledge, and acreea that the Contractor has the ncht to set its own fees with regard to the operation of the arumal shelter facility and to receive all fees and other revenues denved from its operation . EQrnPMEN'[. The City shall proY1de to the Contractor for its use in maintauung the facility all the equipment presently used by the City for its animal shelter services, wluch equipment is described in Exhibit A. attached hereto and incorporated herein by reference . The eqwpment ,hall be delivered to the Contractor in cood , worlunc order. The Contractor s hall have the ncht to use this equipment, or any other equipment purchaaed by the City for use in the arumal ,helter facility , durinc the term of the Acreement. Upon e:q,iration or termination of the Agreement, the use of all 1w:h eqwpment ,hall revert to the City. I' - • X H I • I T A • ' ... •· • , - • • 0 I• • C. OWNERSHIP . Both parties acknowledge and agree that the City of Englewood currently owns and sha)) continue to own the animal shelter facility itself. all the equipment described in Exhibit A, or any other equipment purchased by the City for use in the animal shelter facility. D. EXPENSES OF OPERATION . The Contractor shall be responsible for and shall pay those expenses of operation as set forth in Exhibit B, attached hereto and incorporated herein by reference. The Contractor shall be responsible for normal maintenance of the facility, the grounds, and the equipment in order to keep such in reasonable repair. This includes such repair and replacement of the facility or the equipment necessitated by normal wear and tear. except for any major repair or replacement caused by normal wear and tear as set forth immediately below . The City shall be responsible for any major repair or replacement of the facility or the equipment, even if such repair or replacement is necessitated through normal wear and tear. This includes but is not limited to, responsibility for the building itself, the plumbing system. the electrical systems and the major equipment, including but not limited to such items as the "Hotsy" machine. The Contractor shall not be responsible for any such major repair or replacement unless such is necessitated through its gross negligence . The Contractor shall notify the City in writing when, in its opinion. a need exists for major repair or replacement. The City shall have the right, upon twenty-four hours written notice to the Contractor, to enter and inspect the facility and the equipment and to make any repair or replacement which it may deem necessary. In the event, the City deems such a repair or replacement is the responsibility of the Contractor, and so desires to charge the Contractor, the City and the Contractor shall agree upon such repair or replacement in writing before such is performed. E. SCOPE OF SERVICES. The Contractor shall provide the City with the following services in addition to those listed elsewhere in the Agreement: F . I. Receive and house all animals brought to the animal shelter facility by Englewood Animal Control Officers . Englewood Police Officers , or other authonzed City staff. 2. Abide by all City regulations. ordinances. or policies relating to the acquisition. maintenance, and disposition of animals in its care . 3 . Provide Englewood Animal Control Officers, Police Officers, or other designated City staff with a means of access to the animal shelter facility during non-business hours. MUNIC)P:\L REGULATIONS . The Contractor shall enforce and perform any and all animal regulatory functions as required or permitted by state, city or other regulation or ordinance , which functions relate to animal housing or shelter services . The City 1hall provide the Contractor written copies of all City regulations , ordinances, or policies relating to the acquisition, maintenance , and disposition of animals . In the event that the City desl.l'e& that the Contractor perform additional regulatory functions, such as animal control functions , this request shall be set forth in writing, signed by both parties, and attached to the Agreement as an exhibit. 2 -• ..... ,,, - ... I • • 0 -• • • G. STANDARDS OF OPERATION . In addition to enforcing all regulatory functions as specified above, the Contractor shall maintain and operate the animal shelter facility in accordance with regulations established by the Colorado Department of Health ,vhich establish standards relating to the physical facilities , animal enclosures, sanitation, and the care and handling of animals. H . HOURS OF OPERATION . The Contractor shall keep the facility open to the public during the following hours, except for major holidays: Monday-Friday ................................. 10 :00 A.M.-6 :00 P .M . Saturday ......................................... 10:00 A.M.-5:00 P.M. Sunday ........................................... Closed Major holidays include New Year's Day, Memorial Day, Fourth of July , Labor Day, Thanksgiving, and Christmas Day. I. INSURANCE . During the term of the Agreement, the Contractor shall maintain the following types and amounts of insurance. Such insurance shall name the City as an additional insured: 1. Comprehensive General Liability Insurance in an amount of not less than $500,000.00 combined single limit. 2 . Employee Liability and Workmen's Compensation which shall provide protection against any and all claims res ulting from injuries to or death of any of the Contractor's employees. Any deductible under any of the above described insurance policies shall be paid by the contractor. The Contractor shall provide the City with such Certificate(&) of Insurance evidencing compliance with the above provisions no later than thirty (30) days after the execution date of the Agreement. The City shall demonstrate to the satisfaction of the Contractor that adequate self- insurance is provided for property and general liability damage . Participation in the Colorado Intergovernmental Risk Sharing Agency (CIRSA) shall be deemed satisfactory self- insurance. The City shall provide the Contractor with such Certificate(&) of Insurance evidencing compliance with these provisions no later than thirty (30) days after the execution date of the Agreement. 3 "' - .. •· • 0 -• • t~ • ' '· G. STANDARDS OF OPERATION. In addition to enforcing all regulatory functions as specified above, the Contractor shall maintain and operate the animal shelter facility in accordance with regulations established by the Colorado Department of Health ~hich establish standards relating to the physical facilities, animal enclosures, sanitation. and the care and handling of animals. H. HOURS OF OPERATION. The Contractor shall keep the facility open to the public during I. the following hours, except for major holidays: Monday-Friday ................................. 10:00 A.M.-6 :00 P .M. Saturday ......................................... 10:00 A.M.-5:00 P .M. Sunday ......................................... .. Closed Major holidays include New Year's Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving, and Christmas Day. INSURANCE . During the term of the Agreement, the Contractor shall maintain the following types and amounts of insurance. Such insurance shall name the City as an additional insured: 1. Comprehensive General Liability Insurance in an amount of not less than $500,000.00 combined single limit. 2. Employee Liability and Workmen's Compensation which shall provide protection against any and all claims resulting from injuries to or death of any of the Contractor's employees. Any deductible under any of the above described insurance policies shall be paid by the contractor. The Contractor shall provide the City with such Certificate(s) of Insurance evidencing compliance with the above provisions no later than thirty (30) days after the execution date of the Agreement. The City shall demonstrate to the satisfaction of the Contractor that adequate aelf- insurance is provided for property and general liability damage . Participation in the Colorado Intergovernmental Risk Sharing Agency (CIRSA) shall be deemed satiafactory aelf- insurance. The City shall provide the Contractor with such Certificate(•) of Inaurance evidencing compliance with these proviaiona no later than thirty (30) days after the execution date of the Agreement. 3 ,- • . • • 0 , I - • • 0 • J . RECORDS AND REPORTS . K. L . 1. The Contractor shall maintain records of all animals it handles in the performance of the Agreement. Such records shall contain the following information: type of animal, sex, breed, color, disposition by the Contractor, and any additional information required by the City. A summary of this information shall be provided to the City on a monthly basis on approved forms at the same time that the monthly billing is submitted. Records of vicious animals and dog bite incidents shall also be sent to the appropriate governmental authorities. The Contractor shall maintain complete and accurate records concerning the revenues it derives during the performance of the Agreement from the operation of the animal shelter facility. Such revenues shall include adoption fees , reclaim (by owner) fees , and donations from the City , as well as such revenues collected from other municipalities or entities. 2. REPORTS. Upon written request by the City, the Contractor shall provide the City a quarterly performance report that includes the following : a . The Contractor's activities for the previous quarter, with emphasis on problem areas . b . Whether or not any changes in policy will occur. c. Recommendations concerning fees, licenses, and animal regulatory laws. d . Any recommendations or information related to animal control in the City which are in the best interest of the City or which may be requested by the City. e . A financial statement of operations of the animal shelter facility in accordance with a format to be determined by the City . In the event such a quarterly report is submitted to the City , the Contractor shall be available at any reasonable time to discuss same with the Contract Administrator or his designee . VETERINARY AND RELATED MEDICAL CARE The Contractor shall provide maintenance-level veterinary and related medical care for sick or injured animals brought to the animal shelter facility and to those which become sick during impoundment. If an animal is reclaimed by its owner , then such owner shall be responsible for all veterinary and related medical costs. CONFIDENTIALITY. The Contractor shall, to the extent permitted by law, keep all information which it receives concerning complaints, names, addresses, and telephone numbers of complainants and witnesses , and the names, addresses, and telephone numbers of owners confidential. The Contractor shall, to the greatest extent poaaible, protect an individual's right of privacy and shall not circulate or permit the circulation of this information for commercial purposes or other purposes not related to the duties undertaken in this Agreement. The Contractor is not prevented, however. from releasinc that information which may be necessary for the location of an animal's owner or the caininc of 4 • "' - .. 0 •· • 0 -• ,. ~ 0 I• • ' consent for medical treatment. The Contractor may also use that information it considers necessary or proper in and for its fund raising activities. M. NON-DISCRIMINATION . During the performance of this Agreement, the Contractor shall not discriminate on the basis of race , color, sex, religion , national origin, creed, marital statue, age , or the presence of any sensory , mental, or physical handicap in employment or application for employment. provided that the applicant is able to perform the required duties, or in the administration or delivery of services, or any other benefits under the Agreement. The Contractor shall comply with all applicable federal, state, city, and other laws, regulations, or executive orders. N. PROHIBITED TRANSACTION . The Contractor shall not give or sell any animal for research purposes. 0 . RETURN-TO-OWNER POLICY . The Contractor shall maintain a policy relating to the return to owners of their animals and shall make every reasonable effort to insure that as many animals as possible are so returned . A. B. C. SECTION 2 CITY OBLIGATIONS COMPEl';SATION/MONTHLY PAYMENTS . In consideration of the services to be performed by the Colorado Humane Society under this Agreement, the City shall pay the sum of thirty- six thousand three hundred and forty-eight dollars ($36 ,348.00) per year, payable in monthly installments of three thousand twenty-nine dollars ($3,029.00). This rate shall be in effect from July l , 1998 through June 30 , 1999. During the balance of the term of this Agreement, i .e ., from July 1, 1999 through June 30 , 2000, if sufficient funds are appropriated, the City and the Colorado Humane Society shall adjust the rate of compensation on an annual basis. The amount of adjustment shall be the same as the percentage(%) change in the Consumer Price lndex-U for the Denver- Boulder area for the prior calendar year. However, in no case shall the adjustment be lees than zero percent (0%) or more than seven percent (7%). If the CPI-U for the Denver-Boulder area is not available at the outset of the calendar year. the City shall continue to pay the Contractor at the rate set forth for the prior year . At such time as the rate adjustment is calculated, the City shall pay the Contractor the difference between the new rate and the rate set for the prior year retroactive to January let of the calendar year. Said retroactive payment shall be due in full at the next regular monthly payment date after the new rate is set. MONTHLY BILLINGS . The Contractor shall submit billings to the City by the end of each month for that month's compensation. Each monthly payment shall be due on the twentieth (20th) day of the s ucceeding month . A late charge of twenty-five (25%) shall be assessed against any payme nt received after the twentieth (20th) day of the month . REVENCES . All revenue collected by the Contractor from adoptions, reclaim fees . or donations. whether from the City or other murucipalities or entities, shall accrue to and become the property of the Contractor. All court fines shall become the property of the City. 5 • .. •· • 0 I • • t• • ' D . ANIMAL CONTROL. The City is responsible for all animal control services within its City limits. Subject to Section 1, Paragraph G, in the event the City desires that the Contractor issue citations at the animal shelter facility for violations of applicable laws, regulations, or ordinances, the City shall take whatever action is necessary to inaure that the Contractor is legally empowered to perform such a duty and to train the Contractor's employees in the performance ofsuch a service . E . CONTRACT ADMINISTRATOR . The City appoints the Administrative Division Chief of Safety Services as the City Official responsible for the administration of this Agreement. All reports, recommendations, and other correspondence shall be directed to said Manager. The Contractor's Executive or Acting Director shall act as the Contractor's liaison with the City. F . ANTI-KICKBACK. No officer or employee of the City having the power or the duty to perform an official act or action related to the Agreement shall have or acquire any interest in the Agreement or have solicited, accepted, or granted a present or future gift, favor, service, or other thing of value from or to any person involved in the Agreement. SECTION 3 TERM OF AGREEMENT AND TElu\1INATION A. TERM OF AGREEMENT . The Agreement shall be for a term of two (2) years, commencing on July 1, 1998 and terminating on June 30 , 2000. In the event sufficient funds shall not be appropriated by the City for the payment of compensation/monthly payments, and if the City has no funds available for compensation/monthly payments from any other sources, the City may terminate the Agreement upon providing written notice to the Contractor within thirty (30) days from the date of the adoption of the next fiscal year's appropriation ordinance. There shall, however, be a sixty (60) day transition period, beginning from the date of the receipt of the termination notice by the Contractor, during which period the Contractor shall continue to provide those services as provided in the Agreement and the City shall continue to make payments as provided herein. Upon the expiration of this sixty (60) day transition period, the Contractor shall not be obligated to provide any further services as provided in the Agreement and the City shall not be obligated to make any further payments as provided herein , except, however, that compensation for services which occurred prior to the end of the sixty (60) day transition period shall be made . B. TERMINATION OF AGREEMENT BY ACTION OF P:\RTIES . Either party ,hall have the right to terminate the Agreement with or without cause at any time durins the term hereof by providing the other party ninety (90) days written notice to that effect. A. SECTION 4 ADDITIONAL PROVISIONS AND OBLIGATIONS INDEPENDENT CONTRACTOR . All service• performed by the Contractor under the Agree ment are done as an independent contractor and not a1 an employN of the City. 6 ,,,_ ' ' • - .. ,, •· • 0 , I ]- - B . C. D. E . F . G. H . I. • • ·, • <, INDEMNIFICATION. To the extent permitted by law , each party shall indemnify and hold harmless the other party against any and all claims, demands, loaaes, and liabilities and &om any debt, obligation, payment, collection coat, judgment, court order, court coat, interest, penalty, or expense of any kind or nature in connection with that party's act or omission arising directly or indirectly aa a consequence of the Agreement. PUBLIC RELATIONS . The City and the Contractor shall exercise good faith in dealing with each other. ENTIRE AGREEMENT/MODIFICATION. The Agreement constitutes the entire Agreement of the parties with respect to the subject matter. All prior and contemporaneous negotiations and understandings between the parties are embodied in the Agreement, and it supersedes all prior agreements and understandings between the parties hereto relating to the subject matter hereof. No alteration or other modification of the Agreement shall be effective unless such modification shall be in writing and signed by the parties. SEVERABILITY . In the event any portion of the Agreement should become invalid, the remainder of the Agreement shall remain in full force and effect. BINDING EFFECT . The Agreement shall be governed by and construed in accordance with the laws of the State of Colorado . The Agreement shall inure to the benefit of, and be binding upon, the successors in interest of the respective parties. ASSIGNABILITY . The Agreement may only be assigned with the express written consent of the non-aasigning party. DISPUTES. Venue for any litigation to enforce or construe this Agreement shall be in Arapahoe County , Colorado. In the event of litigation to enforce or construe this Agreement, the prevailing party shall be entitled to all reaaonable coats and expemes, including attorneys' fees , whether or not the matter proceeds to judgment. NCY[ICE. Any notice required under the term, ofthi, Ap-eement shall be deemed delivered and received when delivered in peraon or when deposited as certified or reptered mail, return receipt requested, to the parties at the addresses lilted at the beginning of the Agreement. 7 ------n. ' . , • • • 0 I I - • • • • • IN WITNESS WHEREOF, the City and the Contractor herein acknowledge that they have duly read, understood, and do freely and voluntarily execute this Agreement, conaisting of ten (10) pages, on the day and year first above written. ATI'EST: By: _____________ _ Loucriahia A Ellia. City Clerk 8 CITY OF ENGLEWOOD By:-------------- Thomas J . Burm, Mayor THE COLORADO HUMANE SOCIETY & S .P.C.A., INC., a Colorado nonprofit corporation "'~hbwq,,p, Mary n. Esecutive Director -~Ill.kl ' . • . • . , • 0 I -• • ·, • <. DBIBITA ENGLEWOOD EQUIPMENT REMWUNQ AT ANIMAL SffEJJER 1 1 2 1 1 Desk (8') Desk (5') Office Stools 4-Drawer File Cabinet (legal) Wute Buket CAT ROOM 15 Cat Cares (2 units) 2 Truh Cans (20 pllon with lidl • Cat Chow and Cat Litter) 1 Trash Can (30 pllon with lid · Truh) ISOLATION 1 10' Water Hose RUN AREA 32 Stainless Steel Water Buckets 1 Hot Water Hose. 50' (red) 1 Cold Water Hose • 50' (,reen) 2 Buir Zappers FOOD PREP ROOM 2 Truh Cans (20 pllon with lids -Dry Food, Puppy Chow) 1 Truh Can (5 pllon with lid -Rabbit Food) 1 Mop Bucket and Mop 1 Floor Squeepe 1 Floor Scraper 1 55 Gallon Drum Caddy 1 1 9 1 1 1 1 1 1 1 EQuxPMENI TO BE STORED Hotsy Pressure Wuher with bme and nozzle Doe Trap Cat Traps Air Kennels (Doc) Air Kennel (Cat) 7' Control Stick Electric Fan Sharp Calculation (0520152) 25' 12-3 utemion cord Cuh Box .. • • 0 . - ~ ' t ~ , -• • I• ·, • <. EXHIBrrB Colando Hum1De Society 111d S.P.c.A.. ID:. ~E1111;-111, e.....-. Sllelllr a.met 1. Supplies 2. GaslEledric 3. War/Scwcr 4. OIBce ,. PriDrinl 6. VetServica 7. Trash I . Labor 9. Educ:mon 10. Bank Cbarps 11 . Insurance 12. Uailbrms 13 . Rcpain/Mlilllal U . Plloaes U . Pallap 16 . Payn,11 Tax 17. llllurua/Bad!a 11 . All odler c:q,cma dirsdy relared ID llllller apalioal mapl • lpldW ia die CCIIIIIICl. "'~ . . , .. •. .. • • 0 • • t • • COUNCIL COMMUNICATION Date Agenda Ham Subject June 1, 1998 Nuisance Abatement 10 a ii Ordinance lnitiatad By Staff Source Safety Services/ City Attorney Bob Moore/Dan Brotzman COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Englewood City Council and the Englewood Code Enforcement Advisory Committee have indicated their desire to standardize the nuisance abatement process in the City by implementation of a swift and just system of nuisance abatement while maintaining due process for Englewood citizens . RECOMIENDED ACTION The passage of this ordinance will set forth standardized procedures with regard to the abatement of nuisances in the City . The ordinance also sets forth an administrative procedure to determine vested rights and taking issues as they pertain to code enforcement on private property . Specific substantive issues of this ordinance will be addressed by the Code Enforcement Advisory Committee in the future . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED The Englewood City Council has identified the abatement of nuisances to be of primary concern to Englewood citizens . The City Council desires to give the Englewood Municipal Court the power and authority to abate nuisances in the City . FINANCIAL IMPACT NIA. UST OF ATTACHMENTS Bill for an Ordinance . •. •· • 0 ' - • ORDINANCE NO . SERIES OF 1998 • 0 I • • ~-,; BY AtrrHORl1Y COUNCIL BII.L NO . 28 INl"RODUCED BY COUNCIL MEMBER~~~~~~- Aau.FOR ( AN ORDINANCE REPEALING mu: 15, OF TiiE ENGLEWOOD MUNICIPAL CODE 1985 AND ENACTING A NEW 1Til.E 15 ENlTil.ED "NUISANCE ABATEMENr." WHEREAS. City Council has Identified the abatement of nuisances to be of primary concern to the citizens of Englewood: and WHEREAS. City Council desires to gtve the Englewood Municipal Court the power and authortty to abate nuisances: and WHEREAS. this legislation Is Intended to set forth procedures with regard to the abatement of nuisances: and WHEREAS, specific sections of the Englewood Municipal Code have been reorganized to meet procedural and administrative requirements: and WHEREAS, specific substantive Issues will be addressed by the Code Enforcement Advisory Committee In the future: and WHEREAS, the Englewood City Council and the Englewood Code Enforcement Advisory Committee desire to standardize the nuisance abatement process: and WHEREAS, the Englewood City Council and the Englewood Code Enforcement Advisory Committee desire to Implement a swift and Just system of nuisance abatement while maintaining due process for Its citizens: and WHEREAS. City Council and the Code Enforcement Advisory Committee desire to set forth an administrative procedure to determine vested rights and ta.king Issues as they pertain to prtvate property: and WHEREAS. City Council finds the adoption of this Ordinance preserves the health. safety and welfare of the community: and WHEREAS. the Englewood Code Enforcement Advisory Committee recommended approval of the Nuisance Abatement Ordinance at the May 13. 1998 meeting; NOW , TiiEREFORE. BE rr ORDAINED BY TiiE cm COUNCIL OF TiiE cm OF ENGLEWOOD. COLORADO . AS FOILOWS: Section 1. The City Council of the City of Englewood. Colorado hereby approves the repeal of Title 15 In Its entirety and establishes a new Title 15. entitled "Nuisance Abatement.· ...... .... "' - • . .. •· • 0 ]- • 0 • TITLE 15 NUISANCE ABATEMENT SUWECT APPLICABILITY AND DEFINITIONS NUISANCE PROHIBITED ADMINISTRATIVE ABATEMENT OF NUISANCES JUDICIAL ABATEMENT OF NUISANCES VESTED RIGIITS AND TAKINGS DETERMINATION CUITING AND REMOVAL OF WEEDS AND GRASS TRASH. JUNK AND SALVAGE ANTISCA VENGING VEHICLES: DERELICT AND HOBBY ABANDONED ICEBOXES. REFRIGERATORS AND FREEZERS ANIMALS OR FOWL CESSPOOLS AND PRIVES WATER RELATED NUISANCES NOISE CONI'ROL CHAPTER 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Section 2. The City Council of the City of Englewood . Colorado hereby approves the applicability chapter of this Title. which shall read as follows: Chapter l 15-1-1:APPLICABlLITY AND DEFINITIONS: A n!E ABATEMENT OF NUISANCES IN 1l-lE crrv OF ENGLEWOOD lS HEREBY DECLARED TO BE OF LOCAL CONCERN. IT IS n!E DUIY OF ALL RESPONSIBLE PARTIES INCLUDING PERSONS. PROPER'IY OWNERS. FIRMS. CORPORATIONS. OCCUPANTS. lESSEES. OR ANY AGENTS OR REPRESENTATIVES OF n!E RECORD OWNER OR OWNERS. TO MAINTAIN PROPER'IY WTirlIN n!E BOUNDARIES OF TiiE crrv OF ENGLEWOOD so AS NOTTO CAUSE OR MAINTAIN AN ACT OR CONDmON WHICH ENDANGERS n!E PUBLIC HEALll-1. SAFE1Y OR WELFARE OR RESULTS IN ANNOYANCE OR DISCOMFOIU TO n!E PUBLIC OR DAMAGE TO ANY PROPER'IY OR INJURY TO ANY PERSON. B. ABATEMENT SUBJECTS: n!E ENGLEWOOD MUNICIPAL CODE SECTIONS WHICH DEFINE OR DESCRIBE NUISANCES. WHICH MAY BE ABATED. ARE CONTAINED IN n!IS 1Tll.E. TiiESE PROCEDURES SHALL NOT GOVERN On!ER lTilES OF TiiE ENGLEWOOD MUNICIPAL CODE. SPECIFICALLY n!E PROCEDURES SET FORlli IN IBE BUILDING AND FIRE CODES UNLESS n!EY ARE SPECIFICALLY ADOPTED BY TiiOSE TITLES. Section 3 . The City Council of the City Englewood . Colorado hereby approves the adoption of definitions for the Abatement of Nuisances under this Title. The deftnJtJons set forth a.re verbatim definitions from Titles 8 . 9 . 12 and 15, wtth the exception of the new definitions for emergency. nuisance, abatement of nuisance. person. and responsible party which are entirely new. Said definitions shall read as follows: 2 ....... . r,-:..' • ' : I. • • , • "' - • - 15-1 -2 : DEFINlTIONS : For the purpose of the appUcatton of the provisions of this Title . the following definitions shall apply: ABATEMENT OF A NUISANCE ALLEY BUILDING BUILDING OFFICIAL OR CHIEF BUIIDING OFFICIAL CITY CITY MANAGER DWEWNG DWEWNG UNIT ELEMENTS EMERGENCY GARAGE , PRIVATE GARBAGE TiiE REMOVAL, SfOPPAGE. PROSTRATION, REPAIR OR DESTRUCTION OF ANY'I1iING WHICH CAUSES A NUISANCE. OR CONS'ITI1Jl'ES A NUISANCE. WHETiiER BY BREAKING OR PULLING IT DOWN, OR O'l'HERWISE DESTROYING, EFFACING, OR REMOVING IT. A pubUc way less In size than a street. which Is not designed for general travel. which is used prtmartly as a means of access to the rear of residences an<l business establishments. and which affords a secondary means of access to property. A structure, including utilities enclosed with a roof and within exterior walls built. erected and framed of component structural parts. designed for the housing. shelter. enclosure and support of individuals. animals or property of any kind . Where these terms are used In this Title or any Code In this Title. they shall mean the person designated by the City Manager. or his/her representative with the title of Building Official or Chief Building Official. The City of Englewood. Arapahoe County, Colorado vested With the authority and responsibility for the enactment and enforcement of this Chapter, acting by and through its City Council under the home rule charter. statutes and ordinances of said City of Englewood. Chief administrative officer of the City of Englewood . Any building to be used for Uvlng or sleeping by human occupants. Temporary housing. as hereinafter deftned shall not be regarded as a dwelling. One or more rooms located within a dwelling. which are occupied or which are Intended or designed to be occupied by one family wtth facilities for Uvlng. sleeptng. cooking and eating. Wind. rain, snow. hail, sleet. or surface run-off water. AN EXISTING CONDmON ACTUALLY ARISING FROM UNFORESEEN CONilNGENCIES WHICH IMMEDIATELY ENDANGERS PUBLIC PROPER1Y. HEALTii . PEACE OR SAFETY. A building, or part thereof. attached or detached and accessory to the main butldtng, proYtdin& for the st.oraae of motor vehicles. and ln which no buatnesa ls conducted. Animal and vegetable wastes resulting from the handlin&, preparation. cooking or servtnc of food. 3 •· • 0 - GRAFFITI HABITABLE ROOM INFESTATION JUNK JUNKYARD LITTER NOXIOUS MATTER • NUISANCE • • ·, • The defacing of public or private property by means of painting, drawing. wrtttng. etching. or carving wtth paint. spray paint. ink. knife or any similar method Without wrttten permission of the owner/property owner. Any enclosed floor space meeting the requirements of this Title for sleeping. living. cooking or dining purposes, excluding such spaces as closets, pantrtes. bath or toilet room. service rooms. connecting corridors. laundries. unfinished attics, foyers. storage spaces. utility rooms and similar nonhabltable space. The presence Within or around a dwelling of Insects, rodents. vermin or other pests l)f such kind. or In such numbers as to cause a hazard to health. Scrap Iron. scrap tin. scrap brass. scrap copper. scrap lead or scrap zinc and all other scrap metals and their alloys . and bones. rags . used cloth. used rubber. used rope . used tinfoil. used bottles. old or used machinccy. used tools. used appliances, used fixtures . used utensils. used lumber. used boxes or crates. used pipe or pipe fittings . used automobile or airplane tires. and other manufactured goods that are so worn. deteriorated or obsolete as to make unusable In their existing condition. but arc subject to being dismantled. A place where Junk. waste, discarded. or salvaged materials are bought. sold. exchanged. storm . baled. packed. disassembled. or handled. Including automobile wrecking yards. house wrecking and structural steel matcr1als and equipment. but not Including the purchaae or storage ol used furniture and household equipment, used cars In operable condltJon. used or salvaged matertals as part or manufacturtng operations. Garbage. refuse. and rubbish. as dcftned herein. and all other waste material which. tf thrown or deposited as herein prohibited. tends to create a danger to public health, safety and welfare. Material which Is capable or causing Injury to lh1ng organisms by chemical reaction or ta capable or causing detrtmental effects upon the physical or economic well-being of Individuals . A CONDmON WHICH INJURES OR ENDANGERS rnE PUBUC HEALrn . SAFE1Y OR WEI.FARE WHICH INCLUDES Bur IS NOT UMITED TO THE FOLLOWINC : A . IBE CONDUCTING OR MAINTAINING OF .:\.VY BU SINESS. OCCUPATION . OPERATION. OR AC11VTIY PROHIBITED BY ANY 1TI1.E OF THIS CODE: OR B. IBE CONJlNUOUS OR REPEATED CONDt.:CTING OR MAINTAINING OF ANY BUSINESS. OCCL'PATION OPERATION . AC'I1V11Y . BUIIDING. LAND . OR PREMISES IN VIOLATION OF IBIS lTil.E: OR . . .. .. •· • 0 - - • • • C. ANY FENCE. WALL. SHED, DECK. HOUSE. GARAGE. BUILDING, Sl'RUCIURE OR ANY PART OF THE -~RESAID: OR ANY TREE. POIE, SMOKESTACK; OR ANY E.'{CAVATION. HOLE. PIT. BASEMENT. CELLAR. SIDEWALK St.:'3SPACE. OR ANY LOT. LAND. YARD, PREMISES OR LOCATION WHICH IN ITS EN11RE'IY. OR IN ANY PART 1HEREOF. BY REASON OF THE CONDmON IN WHICH THE SAME IS FOUND OR PERMITIED TO BE OR REMAIN. SHALL OR MAY ==NDANGER THE HEAL1H. SAFE'IY. UFE. UMB OR PROPE~. OR CAUSE ANY HURT. HARM. INCONVENIENCE. DLSCOMFOIU, DAMAGE OR INJURY TO ANY ONE OR MORE INDMDUALS IN 1lfE CrIY. IN ANY ONE OF 1HE FOLLOWING PARTICULARS : l. BY REASON OF BEING A MENACE. THRE.-C AND/OR HAZARD TO TiiE GENERAL HEAL1H AND 5AFE'IY OF TiiE COMMUNfIY. 2. BY REASON OF BEING A FIRE HAZARD. 3 . BY REASON OF BEING UNSAFE FOR OCCl. ?ANCY. OR USE ON. IN. UPON. ABOl.IT OR AROUND lr. - AFORESAID PROPERTY . 4. BY REASON OF DETERIORATION OR DEc..1.::· BECOMES RODENT INFESraD. OR WHICH BECOMES A PLACE FREQUENI'ED BY TRESPASSERS AND TR...\NSIENI'S SEEKING A n:MPORARY HIDEOl.IT OR SI-EL'IER 5. BY REASON OF LACK OF SUFFICIENT OR • .!.DEQUA'IE MAINTENANCE OF 1HE PROPERTY. AND /O R BEING VACANT. ANY OR WHICH DEPRECIA'IES 1.-IB ENJOYMENT AND USE OF 1HE PROPERr:· !S 1HE IMMEDIA'IE VICINrIY TO SUCH AN ~"1' 1HAT IT IS HARMFUL TO 1HE COMMUNrIY IN WHK H SUCH PROPER1Y IS SlTUA'IED OR SUCH CONDOON EXISTS . 0 . ANY UNIAWFUL POLUmON OR CONTAMINAr. :>N OF ANY SURFACE OR SUBSURFACE WA'IERS IN 1HIS C~. OR OF 1lfE AIR OR ANY WA'IER. SUBSTANCE. OR MA_ '""£RIAL INraNDED FOR HUMAN CONSUMPTION IN TiiE CrIY: OR E . ANY ACTIVrIY. OPERATION. OR CONOmON Wr-=CH. AFn:R BEING ORDERED ABA'IED. CORREC'IED. OR DISCONTINUED BY A LAWFUL ORDER OF AN AGENCY OR ornc~ OF THE CrIY. CONI1NUES TO BE CONDUCTED OR COiii~ TO EXIST IN VIOLATION OF ANY OF 1HE FOL.LO~, G : l. ANY 1111.E OF 1HIS MUNICIPAL CODE. 5 .. • • 0 . - . '"'I' I - ] OCCUPANT ORGANIC OWNER PERSON POTABLE WATER PREMISES PREMISES. PRIVATE PROPERTY PROPERTV .BUSINESS PUBLIC PU.CE PlITRESCIBLE • • , . • 2. ANY REGULATION ENACTED PURSUAL\i"T TO IBIS MUNICIPAL CODE. 3. ANY SfAnJra OF IBE SfATE OF COLORADO. 4. ANY REGULATION OF 1liE SfATE OF COLOR\DO. SEE RESPONSIBLE PAR'IY. Referring to or dertved from livtng organisms. SEE RESPONSIBLE PAR'IY. ANY INDMDUAL. FIRM. CORPORATION. ASSOC!ATIOX OR PARTNERSHIP. " - Water which. without further treatment. ts suitable for c:r.nking. culinary and domestic purposes. A lot. parcel . tract or plot of land. together With the builc::.ngs. structures thereon. Any dwelling. houae. building or other structure. designec or used. ettber wholly or In pan. for prtvate residential purposes ...... ilether Inhabited or temporartly or continuously uninhabited or \'acant. and shall Include any yard. grounds. walk. drtveway. porc:1. steps. vestlbuJe or mailbox belonging or appurtenant to such d":.elling. houae. buddlnC or other structure, and prtvate land on ....-~ch no building exista. Prtvate premises include business prope~·. Land and. generally. whatever la erected. growtng upon er affixed to land. Real property on which Is located a building. Property &.at Is zoned or uaed for commercial use which la uaed principally for :!ie sale or leaae ol merchandtae. ,oods. or lel'V1ces, or Interest In lar.d which ts ,eneraily recocruzied u being :roned for a retail or ..... iloiesale business. Any and all streets. sidewalks, boulevards, alleys or other public ways and any and all public parks. squares. grounds am! buildings owned or maintained by the Ctty or other govemme~a.l agency provided for the beneftt of the general public. Capable of being decomposed by microorganisms "111,it.'1 s:l!Hctent rapidity to cauae a nuisance from odors or gases . 6 • . .. • • -: '"t, , - -- RECREATIONAL VEHICLE REFUSE RESPONSIBLE PAR1Y RUBBISH • • • (. A vehicular-type portable structure Without permanent foundation vehicle which can be towed. hauled or drtven and prtmartly designed as temporary ltvtng accommodation for recreational, camping and travel use and Including. but not ltmtted to, travel trailers. truck campers, camping trailers and self-propelled motor homes. All putresctble or nonputresdble waste. Including garbage. rubbish. ashes. street clean1ngs. dead animals. offal . droppings. abandoned appltances. and vehicle parts. PERSON. AS DEFINED HEREIN. WHO IS AN OCCUP.ANr OF OR HAS ACTUAL POSSESSION OF; OR IS niE OWNER ElniER ALONE. JOIN'll..Y OR SEVERALLY wrili oniERS OF AW REAL OR PERSONAL PROPER'IY. OR AGENI' OF niE OWNER FOR PURPOSES OF IBIS DEFINl110N OWNERSHIP SHALL INCLUDE ANY PERSON. AS DEFINED HEREIN. WHO: A. HAS A IEGAL OR EQUITABIE INTEREST IN REAL OR PERSONAL PROPER1Y. Wl'Ilf OR WmiOtrr ACCOMPANYING ACTUAL POSSESSION niEREOF: OR R ACTS AS niE AGENr OF A PERSON HAVING A LEGAL OR EQUITABIE INTEREST IN A IN REAL OR PERSONAL PROPER'IY; OR C. IS niE GENERAL REPRESENTATIVE OR FIDUCIARY OF AN ESTA~ 1HROUGH WHICH A lEGAL OR EQUITABIE INTEREST IN A REAL OR PERSONAL PROPER1Y IS ADMINISTERED: OR D . niE RECORD OWNER WHE'llfER PERSON. flRM OR CORPORATION. OR ANY AGENT OR REPRESENf.-\11VE OF 1HE RECORD OWNER Nonputresctble waste consistinl ol both combustible and noncombustible wastes. such .. paper. wrapptngs. lea,.-es, branches, wood. waste buildtn& materials. glass. bedding. crockery. household furnis hings and similar matertals . 7 ,,,_ .. • • , • ;- -• . • I~ • ' - SPECIAL MOBILE Means and consists of vehicles. self-propelled or otheIWlse, EQUIPMENT designed primarily for operation or use on or off the streets and highways and only Incidentally used or moved upon such streets or highways. This definition shall Include by way of example. but not by way of limitation. snowplows. road construction or maintenance equipment. ditch diggtng or excavating apparatus. well drtlllng or boring equipment. fire-fighting equipment. vehicles designed to transport equipment and vehicles used In connection with or for the repair and maintenance of construction ... or maintenance equipment temporarily or permanently mounted on such vehicles; provided, that such equipment Is transported from yard to Job . job to Job. or Job to yard and equipment primarily designed for hoisting. lifting. moving. loading or diggtng operations. The foregoing definition Is partial and shall not include other vehicles of unusual design, size or shape that are designed primarily for purposes other than transporting merchandise or passengers. SCRAP MOTOR Motor vehicles not capable of being operated VEHICLES on public streets under the laws of the State of Colorado. SI'ORAGE/MOTOR To leave, park. stand, or halt a vehicle or VEHICLE motor vehicle In a certain place for a period of seventy-two (72) hours or longer. STREET Any public thoroughfare for the free passage of persons, trade or commerce, and which affords a principal means of access to property abutting along Its length. This term does not Include private roads. TEMPORARY Any tent. trailer, coach or other structure HOUSING used for human shelter. which ts designed to be transportable. and which Is not attached to the ground. to another structure, or to any utilities In a licensed trailer park. TRAILER Any wheeled vehicle, without motiVe power and having an empty weight of more than two thousand (2.000) pounds. which Is designed to be drawn by a motor vehicle and to carry Its cargo load wholly upon Its own structure and which Is generally and commonly used to carry and transport property over the public highways . • TRAILER COACH Any wheeled vehicle, which Is a single. self-contained unit, OR MOTOR HOME with motive power. which Is designed and generally and commonly used for occupancy by persons for residential purposes. In either temporary or permanent locations. and which may occasionally be driven over the public highways as a motor vehicle. ,; TRAILER. SMALL For the purpose ofTitle 15. Englewood Municipal Code only. a • • small trailer Is any wheeled vehicle. without motive power and • • having an empty weight of two thousand (2.000) pounds or less. which Is designed to be drawn by a motor vehicle and to carry Its cargo load wholly upon Its own structure and which Is generally and commonly used to carry and transport property over the public h ighways. 0 I , ~• - 1 TRASH TRASH CONTAINER • • • Discarded materials Including. but not limited to household wastes. furniture. construction supplies and materials. garden. lawn and landscaping supplies and wastes. scrap wood. metal. or other materials. clothing and bedding. The terms waste and trash are Interchangeable for purposes of this Ordinance. A container of metal. wood or plastic with a top or cover that can be securely fashioned on the container to prevent the contents from being carried or scattered by the elements or animals. Paper or plastic bags are not permitted trash containers except for grass clippings and leaves. if properly secured. TRASH HAULING Any person. partnership. or corporation transporting trash for disposal for any fee or other compensation In the City of Englewood. TRUCK Any motor vehicle equipped with a body designed to carry property and which Is generally and commonly used to carry and transport property over the public highways. USABLE OPEN SPACE On-site space that ts absent of any building or structure. Open space could contain. but ts not limited to the following : sidewalks. trellises. swtngs. arbors. swimming pools. tennis courts. and landscaping. Surface parking ts not to be considered as usable open space. WASTE The terms "waste" and "trash" have the same meaning and are Interchangeable for purposes of this Ordinance. (See also trash) VEHICLE Means any device which ts capable of moving Itself. or of being moved. from place to place upon wheels or endless tracks : such term. for the purpose of this title. shall not include any farm tractor or any Implement of husbandry designed prtmartly or exclusively for use and used In agrtcultural operation or any device moved by muscular power. This deflnttton also means any self- propelled vehicle. which ts designed prtmartly for travel on the public highways and which ts generally and comrr.only used to transport persons and property over the public highways. VEHICLE. COMMERCIAL Any motor vehicle licensed by the State of Colorado as a commercial vehicle. Any vehicle designed. maintained or used primarily for the transportation of property. VEHICLE . DERELICT Any vehicle which Is wrecked. damaged. or substantially dismantled to the extent that such vehicle ts Inoperable or ts Incapable ofbetng moved under Its own power. It shall include any vehicles missing one or more wheels and any vehicle which lacks a current license plate or emissions sticker or which lacks Insurance. 9 ...... ... •· • 0 r - • VEHICLE. HOBBY VEHICLE. MCYI'OR WASTE WEED YARD YARD . FRON!' YARD.REAR YARD, SIDE • • • Any vehicle of the followtng type in the process of being built. restored or maintained as a hobby or diversion from one's regular occupation: boat. classic car. experimental car. off-road vehicle. and race car and derelict vehicle. Any self-propelled vehicle that Is designed primarily for travel on the public highways and which Is generally and commonly used to transport persons and property over the public highways. The Terms "waste" and "trash" have the same meaning and are interchangeable for purposes of this Ordinance. (See also trashl Weeds. grass. brush or other rank or noxious vegetation that has grown to maturity or Is In excess of six inches (61 in height. An existing or required open space. other than a court. on the same lot with a principal building or structure. open. unoccupied and unobstructed from the ground to the sky. except as otherwise provided herein. A yard extending across the full width of the lot between the front lot line and the nearest line or point for buildings as required by setback requirements. A yard extending across the full width of the lot between the rear lot line and the nearest line or point of the principal building. A yard between the side line of the lot and the nearest line of the building and extending from the front yard to the rear yard. or in the absence of either of such yards. to the front or rear lot line. as maybe. Stttion 4 The City Counctl of the City of Englewood. Colorado hereby amends the language of Title 9. Deftnittons and Scction 3. of this Ordinance to insert In alphabetic order the followtng definition : EXTERMINATION The Control and elimtnatton of insects. rodents. vermin or other pests by eliminating their harborage places: by removing or making lNaccesalble materials that may serve as their food : or by poisoning. spraying. fumigating. trapping or sim1lar means. 10 . . .. •· • 0 • • 0 t• • Section 5. The City Council of the City of Englewood. Colorado hereby readopts and amends language previously under 15-6-1(8). which prohibited nuisances and which was repealed In Section l of this Ordinance. Title 15, Chapter 2, shall now read as follows : 15-2-1: CHAPTER 2 NUISANCE PROHIBITED : A. It shall be unlawful for any person to commit or do any act constituting a nuisance. 8. It shall be unlawful for any person to create. continue or suffer the ex1stence of any nuisance on any property under his control. Section 6 . The City Council of the City of Englewood. Colorado hereby readopts and amends language previously under 15-5-6. allowing the City Manager to abate nuisances. which was repealed in Section l of this Ordinance. Title 15 . Chapter 3 . shall now read as follows: CHAPTER3 ADMINISTRATIVE ABATEMENT OF NUISANCES: 15-3-1:THE CrIY MANAGER'S POWER TO ABATE A NUISANCE IN CASE OF AN EMERGENCY. The City Manager gr Aili dN'SAN ts hereby authorized to IMMEDIATELY abate or enjoin any nuisance ex1sting in the City W1THOlIT FOLLOWING THE PROCEDURES OF THIS CHAPTER IN THE CASE OF AN EMERGENCY . whether or not such nuisance is speciflcally recognized by 9FdiAaAG9 THIS TITLE . Section 7. The City Council of the City of Englewood , Colorado hereby adopts an administrative abatement procedure In non-emergency situations which shall read as follows : 15-3 -2 : ADMINlsraATIVE ABATEME!IIT PROCEDURE IN NON-EMERGENCY Sm.JATIONS. IF. AFTI:R INSPECTING 1liE PROPER'IY ON WHICH A NUISANCE IS REPOR'IBD . 1liE ENFORCEME!IIT PERSONNEL WHO ARE CHARGED OR DESIGNAIBD BY THE Cl'IY MANAGER WITH INVESTIGATING NUISANCES DECL-\RE THE EXISTENCE OF A NUISANCE . 1liE FOLLOWING PROCEDURES SHALL BE FOLLOWED. A . PHOTOGRAPHS AND /OR VIDEOTAPES AND/OR WRI1TEN REPORTS AND F1NDINGS SHALL BE GENERATED . B. THE RESPONSIBLE PAR'IY OR PARTIES SHALL BE DETER.l\11NED . C . WITHIN THE F1RST SEVEN (7) DAYS OF THE DISCOVERY OF A NUISANCE. 1liE CODE ENFORC EME!IIT OFFICER(S) Stw...L HAVE THE DISCRETION TO INFORMALLY ABAIB THE NUISANCE BY SPEAKING WITH THE RESPONSIBLE PAR'IY . IN THE EVE!IIT lliAT TiiE INFORMAL PROCEEDINGS FAIL 10 ABATE TiiE NUISANCE W1THIN 1liE SEVEN (7 ) DAYS TiiE CODE ENFORCEME!IIT OFF1CER MAY. AT HIS/HER DISCRETION, ISSUE A S UMMONS AND COMPUJ!IIT TO IBE RESPONSIBLE PAR'IY OR SHAU. ISSUE A NOTI C E PU RSUANT TO E .M.C . 15-3 -3 (D). . W' II ,. - • •· • 0 f ] • 0 (• • D. IF TI-IE NUISANCE HAS NOT BEEN ABATED BY TI-IE INFORMAL PROCESS OR A SUMMONS AND COMPLAINT HAS NOT BEEN ISSUED AT niE CONCLUSION OF niE SEVEN (7) DAYS SET FORTH IN E.M.C. 15-3-2(C). A WRITI'EN NOTICE IN ESSENTIALLY TI-IE FORM SET FORTH IN E.M.C. 15-3-3 OF ni!S CHAPI'ER SHAU, BE SERVED UPON 1liE RESPONSIBLE PARIY BY PERSONAL SERVICE OR BY LEAVING A COPY OF niE NOTICE AT niE USUAL PLACE OF RESIDENCE OR BUSINESS OF SUCH OWNER. RESPONSIBLE PARIY SHOWN BY niE RECORDS CONTAINED IN 1liE COUNTY CLERK AND RECORDER'S omcE OR IN niE COUNIY TAX ASSESSORS OFFICE. OR BY MAILING A COPY OF niE WRrITEN NOTICE TO SUCH RESPONSIBLE PARIY AT SUCH PLACE OR ADDRESS BY UNITED STATES MAIL. CERI1FIED RETURN RECEIPT. IF SERVICE OF SUCH WRrITEN NOTICE IS UNABLE TO BE PERFECTED BY ANY MEniODS DESCRIBED ABOVE. niE ENFORCEMENT PERSONNEL SHAIL CAUSE A COPY OF niE NOTICE TO BE PUBLISHED IN A NEWSPAPER OF GENERAL CIRCUIATION IN niE CnY. ONCE A WEEK FOR 1WO CONSECtmVE WEEKS. OR BY POSTING niE NOTICE ON niE PROPERIY. E . TI-IE NOTICE SHALL STATE CLEARLY AND CONCISELY niE FINDINGS OF niE ENFORCEMENT PERSONNEL WITii RESPECT TO TiiE EXISTENCE OF niE NUISANCE. AND TI-IE SECTION OF niE CnY ORDINANCE{S) THAT HAVE BEEN VIOUTED. F . TI-IE NOTICE SHALL ALSO STATE THAT UNLESS TiiE RESPONSIBLE PAR'IY SHALL CAUSE TI-IE ABATEMENT OF TiiE NUISANCE PURSUANT TO TiiE NOTICE AND nilS CODE. niE CITY MAY ABATE niE NUISANCE AT TiiE EXPENSE OF TiiE RESPONSIBLE PAR1Y OR MAY ISSUE A CRIMINAL SUMMONS AND COMPLAINT OR earn. Section 8. The City Council of the City of Englewood. Colorado hereby readopts and amends language previously under 15-3-2. which was repealed In Section l of this Ordinance. Title 15. Chapter 3. Section 3 . shall now read as follows: 15-3-3: NOTICE FORM. niE FOLLOWING NOTICE SHALL BE USED BY ALL DEPARTMENTS EMPOWERED WITH niE ABATEMENT OF ANY AND AU. NUISANCES OF IBIS TITLE. NOTICE NOTICE IS HEREBY GIVEN THAT niERE EXISl'S UPON TiilS PROPER1Y niE FOU.OWING CONDmON(S) OR VIOLATION(S) WHICH GIVE RISE TO A NUISANCE Pt.:RSt.:A.'l;"T TO niE FOLLOWING SECTION(S) OF niE ENGLEWOOD MUNICIPAL CODE: YOU HAVE TI-IIR1Y (30) DAYS IN WHICH TO ABATE niE ABOVE DESCRIBED '.'<JUJSANCE{S). IN niE EVENT TIIAT YOU DO NOT ABATE niE NUISANCE(S) wmilN TI-IE nilR1Y (30) DAYS niE CnY OF ENGLEWOOD MAY. AT ITS OPTION . ABATE niE NUISANCE AT YOlJR EXPENSE. OR IN niE ALTERNATIVE ISSUE A SUMMONS AND COMPLAINT OR BOni . DIRECTING TiiAT YOU APPEAR IN TI-IE MUNICIPAL COURT FOR TiiE CITY OF ENGLEWOOD. TO ANSWER TO 1liE CHARGES AS SET FORTH ABOVE. ,. - • . •· • C , 2 - • • • 0 , . . • ' IN TiiE EVENr TI-IAT YOU DO NOT BELIEVE TIIAT TiiERE EXISTS UPON TI-IIS PROPERIY TiiE NUISANCE(S) AS SET FORTI-I UPON TiilS NOTICE . YOU HAVE IBE RIGHT TO APPEAL IBIS NOTICE AND TO REQUEST AN ADMINISTRATIVE HEARING BY MAKING A WRITI'EN DEMAND TO TiiE CrIY FOR A HEARING wmilN SEVEN (7) DAYS OF THE POSTING OR RECEIPT OF THIS NOTICE . SUCH WRrITEN DEMAND SHALL BE MADE TO THE CLERK OF TiiE ENGLEWOOD MUNICIPAL COURT. ON THE FORM PROVIDED BY SAID CLERK. Section 9 . The City Council of the City of Englewood. Colorado hereby adopts Title 15. Chapter 3 . Scctton 4. which shall read as follows: 15-3 -4 : RESPONSIBLE PARIY ABA'raMENr. WlTiilN 1liIRIY (301 DAYS AFn:R TiiE DATE OF POSTING OR THE DATE OF MAIUNG OF TiiE NOTICE AND ORDERS TO ABA'ra TiiE NUISANCE. THE RESPONSIBLE PARIY OF THE AFFECTED PROPERIY SHALL REMOVE AND ABATE SUCH NUISANCE . Section 10. The City Council of the City of Englewood. Colorado hereby adopts Title 15. Chapter 3 . Section 5 , which shall now read as follows : "' - 15-3 -5 : ADMINISTRATIVE APPEAL PROCEDURES: THE RESPONSIBLE PARIY WHO HAS BEEN SERVED wrrn A NOTICE PURSUANT TO THIS CHAPTER MAY . WTililN SEVEN (7) CALENDAR DAYS AFTER RECEIPT OF THE NOTICE. MAKE A WRJ1TEN DEMAND TO THE CrIY FOR AN ADMINISTRATIVE HEARING ON THE QUESTION OF WHETiiER A NUISANCE IN FACT EXISTS ON THE SUBJECT PROPERTY . A . TiiE RESPONSIBLE PARIY MUST FILE A WRITrEN DEMAND wrrn THE CLERK OF THE ENGLEWOOD MUNICIPAL COURT ON A FORM PROVIDED FOR SUCH A HEARING BY THE CLERK. 8 . AN ADMINISTRATIVE HEARING SHALL BE HELD WTrnlN SEVEN (7) CALENDAR DAYS FOi.LOWING RECEIPT BY TiiE CnY OF 1liE WRrrTEN DEMAND AND AT LEAST 1WO (2) DAYS NOTICE OF THE HEARING SHALL BE GIVEN TO THE PERSON WHO MADE THE WRITI'EN DEMAND FOR lHE HEARING . C. TiiE ADMINISTRATIVE HEARING SHALL BE CONDUCTED BY A HEARING OFFICER WHO SHALL BE DESIGNA'raD BY TiiE CnY MANAGER. THE SOIE ISSUE BEFORE 1liE HEARING OFF1CER SHALL BE WHETiiER 1liE CONDmON(Sl DESCRIBED IN 1liE NOTICE CONSTITUn:S A NUISANCE . IF lHE HEARING OFFICER FINDS TI-IAT A NU ISANCE EXISI'S . TiiE HEARING OFFICER SHALL CONFIRM lliE ORDER TI-IAT lHE NU ISANCE BE ABATED . IF THE HEARING OFF1CER FINDS TI-IAT NO NUISANCE EXISTS. THE HEARING OFFICER HAS THE AU'Ili0Rl1Y TO VACA'ra 1liE NOTICE . D. FAILURE OF THE RESPONSIBLE PAR1Y TO REQUEST A HEARING WTililN 1liE SEVEN (7) CALENDAR DAYS . OR FAILURE TO APPEAR FOR 1liE SCHEDULED HEARING . SHALL BE DEEMED A WAIVER OF THE RIGHT TO SUCH HEARING . 13 • • . I· • 0 ' -• I'~ 0 t• • E. lliE HEARING OFFICER SHAIL CONDUCT lliE HEARING IN AN INFORMAL MANNER AND SHALL NOT BE BOUND BY TECHNICAL RULES OF EVIDENCE. SUCH HEARING SHAIL BE TAPE-RECORDED. lliE RESPONSIBLE FARIY. IF ANY. OF lliE SUBJECT PROPERIY SHAU. BE GIVEN lliE OPPORIUNrlY TO PRESENT EVIDENCE DURING lliE COURSE OF lliE HEARING. IN ADDmON. MEMBERS OF lliE PUBUC AND lliE CITY ENFORCEMENT PERSONNEL WHO ORIGINAU..Y DETERMINED lliAT A NUISANCE EXlSlED ON lliE SUBJECT PROPERTY. SHAIL ALSO BE GIVEN AN OPPORnJNl'IY TO PRESENT EVIDENCE . F . AT lliE CONCWSION OF THE HEARING. lliE HEARING OFFICER SHALL PREPARE A WRITI'EN DECISION lliAT DAY . A COPY OF SUCH DECISION SHAIL BE PROVIDED TO lliE PERSON REQUESTING THE HEARING AND lliE ENFORCEMENT PERSONNEL. G. lliE DECISION OF lliE HEARING OFFICER IS FINAL. H. AN APPEAL OF lliE HEARING OFFICER'S ORDER. BY EITHER lliE RESPONSIBLE PARJY OR lliE CITY . SHAIL BE MADE TO A COUIU OF COMPETENT JURISDICTION. IF THE HEARING OFFICER CONFIRMS lliE ABATEMENT ORDER. lliE DATE FOR ABATEMENT SET FORTH IN THE NOTICE AND ORDER SHAIL APPLY UNLESS A STAY IS ORDERED BY THE COURT. TO WHICH AN APPEAL IS MADE . Section 11. The City Council of the City of Englewood. Colorado hereby adopts Title 15. Chapter 3. Section 6 . which shall read as follows : 15-3-6: CITY ABATEMENT OPTIONS. IN lliE EVENT lliAT THE NUISANCE IS NOT ABATED WJTiilN THE (30) DAYS SET FORTH IN lliE NonCE AND IF NO APPEAL OF THE NOTICE HAS BEEN F1LED BY lliE RESPONSIBLE PARIY WTrn lliE CITY. THE CITY MAY EmiER ABATE lliE NUISANCE AT lliE EXPENSE OF lliE RESPONSIBLE PARJY . OR IN lliE ALTERNATIVE ELECT TO ISSUE A CRIMINAL SUMMONS AND COMPLAINT DIRECTING lliE RESPONSIBLE PARIY TO APPEAR IN lliE MUNICIPAL COUIU TO ANSWER TO THE ALLEGED VIOLATION(Sl OF lliE CITY ORDINANCE WHICH GAVE RISE TO THE NUISANCE OR B011i. Section 12. The City Council of the City of Englewood. Colorado hereby readopts and amends language previously under 15-3-2. which was repealed In Section l of this Ordinance. Title 15 . Chapter 3. Section 7 . shall now read as follows : 15-3 -7 : ABATEMENT COSTS: lN ALL CASES WHERE lliE CITY SHAU. INCUR ANY EXPENSE FOR ABATING OR REMOVING ANY NUISANCE FOUND UPON ANY PROPERTY. LOT OR PREMISES . ALL EXPENSES OF SUCH ABATEMENT PLUS AN ADMINISTRATION COST OF 1WENIY-FIVE PERCENT (25%) MAY BE CHARGED AGAINST THE REAL PROPERTY AND ITS OWNER 14 • . .. •· • 0 ' • • • A. Notice of Costs. If the City Incurs costs taking abatement action required by this Section, a statement shall be prepared for the entire cost plus nfE twenty-five percent (25%) admlnistrattve costs. and shall be mailed by Certtfled Mall. Return Receipt Requested, to the property owner wtth Instructions that said costs for abatement shall be paid In full Within thirty (30) days of said mailing date. The statement shall also Inform the property owner that failure to pay the costs for abatement Within thirty (30) days shall result In an ADDmONAL PENAL'IY AND AN assessment being made against the property. LOT OR PREMISES UPON WHICH TiiE NUISANCE EXISTED OR FROM WHICH TiiE NUSANCE EMANAIBD which shall constitute a lien to the benefit of the City pursuant to the provisions of this Title. R Assessment of Costs. If the full amount of the cost statement regarding 11,-d a.Rd/er =a.II NUISANCE abatement Is not paid within thirty (30) days of the statement mailing date. the City Manager or his destgnee shall assess the enttre amount of the statement plus an additional twenty-five percent (25%) penalty against the specified real property. After assessment by the City Manager or his deslgnee. a copy shall be sent to ~ <M-ner of record of the assessed property. The assessment shall contain a legal descr1ption of the property. the expenses and costs Incurred. the date that the abatement action occ~. and a notice that the City claims a lien for the stipulated amount. The City Manager or his destgnee shall certify such assessment to the County Treasurer who shall collect such assessment In the same manner as ad valorem taxes are collected. C. Uen Assessment. From the date ol the assessing statement. all assessments shall constitute a perpetual Uen against the specified real property and shall have priority over all liens excepting general tax liens and prior special assessments. No delays. mistakes. errors or ~ties In any act or proceeding authorized herein shall prejudice or Invalidate any final assessment: but the same may be remedied by the City Manager or his destgnee. as the case may require. upon application made by the property owner or other Interested person. When so remedied. the same shall take effect as of the date of the original assessment. D . Other Remedies. 1. Any unpaid charge plus the costs and auesaments not resulting from act!on by the Englewood Municipal Court shall constitute a debt due the City. The City ."1tomey shall. at the direction of the City Counctl. Institute ctvtl suit In the name of the City to recover such charges. costs and auessrnents. Tbese remedies shall be cumulaave wtth all other remedies. Including proaecution In Municipal Court for each ~iolatton of this Chapter pursuant to the provisions and penalties established by +Isle I Cll.ap&• 4 afdMa Cade E.M .C. 1-4-1. • ' .. •· • 0 I • • 0 t • • Section 13. The City Council of the City of Englewood, Colorado hereby adopts a judicial abatement procedure, which shall read as follows : CHAPTER4 JUDICIAL ABATEMENT OF NUISANCES: A. IN ADDmON TO ALL OTI-IER REMEDIES PROVIDED BY LAW. IXCLUDING THOSE SPECIFIED AND SET FORTii IN E.M .C. 1-4-1. JHE ENGLEWOOD MUNICIPAL COURT MAY. UPON A FINDING lliAT A NUISANCE EXISTS. ISSUE AN ORDER ENJOINING TI-IE NUISANCE. AUTI-IORIZING ITS REPAIR. RESTRAINT, REMOVAL. TERMINATION OR ABATEMENT. B. A RESPONSIBLE PARTY FOUND BY THE COURT TO HAVE CAt:SED A NUISANCE OR ALLOWED TI-IE NUISANCE TO BE CAUSED OR TO BE CONilNl. "E:D SHALL BE LIABLE FOR ALL COSTS INCURRED BY TI-IE CnY TO ABATE SAID NL1SANCE. SUCH COSTS MAY BE COLLECTED BY TI-IE CnY PURSUANI' TO MUNICIPAL COURT ORDER. IN A CML ACTION OR ASSESSED AS A LIEN AGAINST ANY PROPERTI ON WHICH THE ABATEMENT WAS PERFORMED AS SPECIFIED IN E.M .C. 15-3-7. C. PRIMA FACIA EVIDENCE. THE ISSUANCE OF THREE (3) OR MORE NOTICES OF VIOLATION OF THIS TITLE SHALL BE PRIMA FACIE EVIDENCE TI-IAT THE RESPONSIBLE PARTY DELIBERATELY AND WILFULLY VIOLATED THIS TITLE AND MAY BE PUNISHED WITHIN THE DISCRETION OF THE COURT AS PROVIDED IN E.M.C. 1-4-1 . THIS REMEDY SHALL BE CUMUU.TIVE WITH ALL OTiiER REMEDIES. Section 14 . The City Council of the City of Englewood. Colorado hereby adopts a procedure to determine vested lights and takings questions. which shall read as follows : CHAPTER 5 15 -5-1:VESTED RIGHTS AND TAKINGS DETERMINATION. A . PURPOSE . THE PURPOSE OF THIS CHAPTER IS TO PROVIDE A PROCEDURE FOR RELIEF . WHERE APPROPRIATE . TO PERSONS WHO CLAIM lliAT THE E'.\rORCEMENT OF ANY PORTION OF THIS TITLE HAS INTERFERED WITH HIS OR HER \""ESTED RIGfITS TO DEVELOP. OR WHO CL \IM lliAT HIS OR HER PROPERTY HAS BEEN TAKEN BY REASON OF ABATEMENT OF A NUISANCE ARISING FROM HIS OR HER PROPERTY. B. THE PROCEDURES OF 11-115 CHAPTER SHALL BE FOLLOWED TO CONCLUSION PRIOR TO SEEKING RELIEF FROM A COURT OF COMPETENT JURISDICTIO'.'. BASED UPON ANY CLAIM OF VESTED RIGHTS. OR ANY ALLEGED DENIAL OF ECO:'\OMICALLY BENEFICIAL USE OF PROPERTY OR ANY DEPRIVATION OF DUE PROCESS \VEl CH CAUSES A TAKING . OR ANY 011-IER TAKING OF REAL OR PERSONAL PROPERTY. ,,, - C. ADMINISTRATIVE PROCESS/HEARING OFFICER AN OWNER. OCCUPANT. OR DEVELOPER OF REAL PROPERIY. OR AN OWNER OR OCCUPANT OF PERSONAL PROPERTI WHO CLAIMS THAT CERTAIN ACTS BY OFFICIALS. ACTING ON BEHALF Of THE CnY OF ENGLEWOOD AND DISCHARGING THE OFFICIAL D L 'TIES OF THEIR OFFICE. ARE IN EFFECT A TAKING OF THE SAID REAL OR PERSONAL PROPERTY. MAY SEEK A VESTED RIGHTS DETERMINATION IN ACCORDANCE WITH THE ?ROCEDURES D ESC RIBE D IN THIS C HAPTER 16 .... • ... I· • C ' I ]- • 0 , . • l. AN OWNER. OCCUPANT OR DEVELOPER OF REAL PROPER1Y MAY ASSERT ANY LEGALLY RECOGNIZED TAKINGS CI.AIM . INCLUDING. BUT NOT UMITED TO . A Cl.AIM TiiAT HE OR SHE HAS BEEN DEPRIVED OF ALL "ECONOMICALLY BENEFICIAL USE" OF HIS OR HER PROPER1Y: TiiAT A CONDmON. REQUIREMENT OR ACT BY THE CITY DOES NOT HAVE A "REASONABLE NEXUS" TO THE VIOLATION OCCURRING OR EMANATING FROM THE PROPER1Y: TiiAT SUCH A CONDmON IS NOT "ROUGHLY PROPORnONAL" TO TiiE VIOLATION OCCURRING OR EMANATING FROM OR UPON TiiE PROPER1Y OR TiiAT ACTIONS BY TiiE CITY UNDER TiilS TITLE HAVE RESULTED IN A DEPRIVATION OF DUE PROCESS. 2. SUCH PERSONS SHALL BE PROVIDED AN OPPORTUNTIY FOR AN ADMINISTRATIVE HEARING. TiiE RIGHT TO PRESENT AND REBUT EVIDENCE. A FORMAL RECORD AND AN IMPARTIAL HEARING OFFICER IN ACCORDANCE WlTii THE FOLLOWING PROCEDURES. A . TiiE HEARING OFFICER SHALL BE SELECTED AND APPOINrED BY TiiE CITY ATTORNEY AND SHALL BE AN ATTORNEY LICENSED TO PRACTICE LAW IN TiiE STATE OF COLORADO. SUBJECT TO TiiE PROVISIONS HEREINAFTER PROVIDED. TiiE HEARING OFFICER SHALL ISSUE FORMAL FINDINGS OF FACT. CONCLUSIONS OF LAW. AND A VESTED RIGHTS DETERMINATION AND/OR TAKINGS DETERMINATION. DEPENDING ON TiiE NAnJRE OF THE CLAIM ASSERTED BY TiiE APPLICANT. D . APPLICATION . AN APPLICATION FOR A VESTED RIGHTS DETERMINATION OR TAKINGS DETERMINATION SHALL BE SUBMITTED TO TiiE CITY MANAGER OR HIS DESIGNEE IN TiiE FORM ESTABLISHED BY TiiE CITY MANAGER AN APPLICATION FEE IN AN AMOUNT TO BE SET BY COUNCIL RESOLUTION SHALL ACCOMPANY AND BE PART OF TiiE APPLICATION. TiiE APPLICATION SHALL. AT A MINIMUM. INCLUDE: I . TiiE NAME. ADDRESS AND TELEPHONE NUMBER OF TiiE PROPER1Y OWNER OR OCCUPANT: 2 . TiiE STREET ADDRESS OF TiiE SUBJECT PROPER1Y: 3 . A SHORT AND CONCISE STATEMENT OF TiiE ALLEGED NUISANCE VIOLATION CITED. INCLUDING A COPY OF ANY NOTICES. CITATIONS OR OTHER DOCUMENTATION PROVIDED TO TiiE PROPER1Y OWNER OR OCCUPANT BY THE CITY OR CITY EMPLOYEE. E . TiiE APPLICATION FEE SHALL BE APPLIED TO ALL OUT-OF -POCKET EXPENSES ACTUALLY INCURRED BY TiiE CITY IN CONNECTION WT1li TiiE HEARING PROCESS. INCLUDING WTlliOUT LIMITATION FEES FOR. AND EXPENSES INCURRED BY TiiE HEARING OFFICER: COSTS OF REPORnNG AND TRANSCRIBING TiiE PROCEEDINGS BEFORE TiiE HEARING OFFICER: AND COSTS OF PRODUCING EXHIBITS. TiiE APPLICATION FEE SHALL NOT BE APPLIED TO ANY IN -HOUSE COSTS INCURRED BY THE CITY. SUCH AS COMPENSATION FOR CITY STAFF TIME . ANY PORnON OF TiiE APPLICATION FEE NOT USED BY TiiE CITY TO PAY TiiE COSTS REFERRED TO ABOVE SHALL BE RETURNED TO TiiE APPLICANT UPON COMPLETION OF TiiE HEARING AND APPEAL PROCESS. 17 • ,. - I· t ]- • • • • 0 I • • ... F. WITHIN FIVE (5) WORKING DAYS AITER RECEIPT OF AN APPLICATION FOR VESTED RIGHTS OR TAKINGS DETERMINATION. THE Cl1Y MANAGER OR A DESIGNEE SHALL DETERMINE WHETiiER THE APPLICATION SUBMITTED IS COMPLETE. IF 1-E OR SHE DETERMINES THAT THE APPLICATION IS NOT COMPLETE. THE ClTY MANAGER OR A DESIGNEE SHALL NOTIFY THE APPLICANT IN WRITING OF THE DEFICIENC!ES. THE ClTY MANAGER OR A DESIGNEE SHALL TAKE NO FURTHER STEPS TO PROCESS THE APPLICATION UNTIL THE DEFICIENCIES HAVE BEEN REMEDIED. 15-5-2: REVIEW AND DETERMINATION OR RECOMMENDATION BY CITY MA,.',!AGE~ A . AFTER RECEIPT OF A COMPLETED APPLICATION FOR VESTED RIGHTS DETERMINATION OR TAKINGS DETERMINATION. THE CITY MANAGER OR A DESIGNEE SHALL REVIEW AND EVALUATE THE APPLICATION IN LIGITT OF ALL OF TIE CRITERIA IN THIS CHAPTER WlTiiIN TWENTI (20) DAYS OF SUCH RECEIPT AND BAS::D ON THE REVIEW AND EVALUATION. THE CITY MANAGER OR THE DESIGNEE SHALL ?REPARE A WRITTEN RECOMMENDATION TO THE HEARING OFFICER THAT THE APPLCATION SHOULD BE DENIED. GRANTED OR GRANTED WITH CONDmONS BY THE H~ARING OFFICER. SUCH RECOMMENDATIONS SHALL INCLUDE FINDINGS OF FACT ?OR EACH CRITERIA. TO THE EXTENT THAT THE INFORMATION IS PRESENTED OR OE":'AINED OR INCLUSION IS FEASIBLE OR APPLICABLE . B . IF THE CITY MANAGER OR THE DESIGNEE FIND. BASED ON THE REv1EW ;.sn EVALUATION. THAT THE APPLICATION FOR DETERMINATION CLEARLY SEOULD BE GRANTED OR GRANTED WITH CONDffiONS. THEN THEY MAY ENTER 1::,,n-0 .->. WRITTEN STIPULATED DETERMINATION WITH THE APPLICANT. IN LIEU OF THE WK.TrEN RECOMMENDATION TO THE HEARING OFFICER AND THE PROVISIONS IN :"'.-{IS CHAPTER. ANY SUCH STIPULATED DETERMINATION SHALL BE IN \\;'Rf!T.',;G. SIGNED BY THE CITY MANAGER OR THE DESIGNEE. AND THE APPLICANT. A.'\TI Sl-'~~2.L BE APPROVED BY THE CITY COUNCIL BY RESOLUTION AT ITS NEXT REGL1.ARl::' SCHEDULED MEETING. SAID STIPULATED DETERMINATION SHALL I:"<CL L'::>E FINDINGS OF FACT AND CONCLUSIONS OF LAW BASED ON THE CRITERIA ESTABLISHED IN THIS CHAPTER. WHICHEVER IS APPLICABLE . AND THE DETERMINATION GRANTING OR GRANTING WITH CONDffiONS. IN WHOLE C,R IN PART. THE APPLICATION. IN TiiE EVENT THAT A PROPOSED STIPULATED DETE~INATION IS REJECTED BY THE Cl1Y COUNCIL. IT SHALL BE REFERRED TO THE ~G OFFICER FOR A HEARING AND DETERMINATION IN ACCORDANCE wrrn T E ~ PROCEDURES DESCRIBED IN THIS CHAPTER. 15-5 -3 : REVIEW AND DETERMINATION BY HEARING OFFICER. NO LATER TH,\..'-; THIRTY (30) DAYS AFTER RECEIPT BY THE HEARING OFFICER OF THE APPLICATIO~; FOR DETERMINATION AND THE WRITTEN RECOMMENDATION OF THE err:· MANAGER OR THE DESIGNEE. THE HEARING OFFICER SHAU. HOLD A PlrBLIC ADMINISTRATIVE HEARING ON THE APPLICATION . TIIE CITY SH.\LL ~~AIL WRITTEN NOTICE OF THE HEARING TO THE APPLICANT AT LEAST FOL :=:TI:EN ( 14) DAYS PRIOR TO THE SCHEDULED HEARING. AT THE HE.ARL',IG . THE HE.-'-RING OFFICER SHALL TAKE EVIDENCE AND SWORN TESTIMONY IN REGARD :U 'IrlE CRITERIA SET FORni IN TIIIS CHAPTER WHICHEVER IS APPLICABLE .-1.~.0 SHALL FOLLOW SUCH RULES OF PROCEDURE AS MAY BE ESTABLISHED BY TI-~ Cl1Y. 'IrlE PARTIES BEFORE 'IrlE HEARING OFFICER SHAU. INCLUDE THE CITY.-\:';:>, THE APPLICANT. TESTIMONY SHALL BE LIMITED TO THE MATTERS DlREL.1..Y RELATING TO THE STANDARDS SET FORTii IN THIS CHAPrER. THE Cr.Y ATTORNEY OR A DESIGNEE SHALL REPRESENT 'IrlE CITY. SHALL ATic:~"D THE PUBLIC HEARING . AND SHALL OFFER SUCH EVIDENCE AS IS RELEVA.'-"7 TO 'IrlE 18 • ... •· • 0 '32xl - • • • 0 - PROCEEDINGS. IBE omER PARTIES TO IBE PROCEEDINGS, OR IBEIR Al.ITHORIZED AGENTS. MAY OFFER SUCH EVIDENCE AT IBE PUBLIC HEARING AS IS RELEVANT TO IBE PROCEEDINGS AND CRITERIA. IBE ORDER OF PRESENTATION BEFORE IBE HEARING OFFICER AT THE PUBLIC HEARING SHALL BE AS FOLLOWS: (1) THE CITY'S SUMMARY OF THE APPLICATION. WRITTEN RECOMMENDATION, WITNESSES AND OTHER EVIDENCE: (2) IBE APPLICANTS WITNESSES AND EVIDENCE: (3) CITY REBUTTAL. IF ANY. 15-5-4: ISSUANCE OF DETERMINATION BY HEARING OFFICER WITHIN IBIR1Y (30) DAYS AFTER TiiE COMPLETION OF IBE PUBLIC HEARING .TiiE HEARING OFFICER SHALL CONSIDER THE APPLICATION FOR DETERMINATION. THE RECOMMENDATION OF TiiE CITY MANAGER OR IBE DESIGNEE. AND THE EVIDENCE AND TESTIMONY PRESENTED AT TiiE PUBLIC HEARING. IN LIGHT OF ALL OF TiiE CRITERIA SET FORTI-I IN IBIS CHAPTER. AND SHALL DENY. GRANT. GRANT WITH CONDmONS. OR GRANT IN PART AND DENY IN PART. THE APPLICATION FOR DETERMINATION FOR THE PROPER1Y OR PROPERTIES IN ISSUE. THE DETERMINATION SHALL BE IN WRITING AND SHALL INCLUDE FINDINGS OF FACT FOR EACH OF THE APPLICABLE CRITERIA ESTABLISHED IN THIS CHAPTER. CONCLUSIONS OF LAW FOR EACH OF SUCH CRITERIA. AND A DETERMINATION DENYING. GRANTING . OR GRANTING WITH CONDmONS. IN WHOLE OR IN PART. THE VESTED RIGHTS. 15-5-5: APPEAL. AN APPEAL OF THE HEARING OFFlCER"S DETERMINATION. SHALL BE MADE TO A COURT OF COMPETENT JURISDICTION. 15-5-6: WAIVER OF TIME LIMITS. Ai.'N TIME LIMIT SPECIFIED IN THE DETERMINATION PROCEDURE MAY BE WAIVED UPON IBE RECEIPT BY TiiE CITY CLERK OF A WRITTEN STIPULATION REQUESTING SUCH WAIVER AND SIGNED BY THE APPLICANT AND THE CITY MANAGER OR HIS DESIGNEE. 15-5-7 : CRITERIA FOR VESTED RIGHTS . A. THIS SECTION IS INTENDED TO STRICTLY ADHERE TO AND IMPLEMENT EXISTING CASE I.AW AND SfATUTORY LAW CONTROWNG IN IBE SfATE OF COLORADO AS THEY RELATE TO IBE DOCTRINE OF VESTED RIGHTS AND EQUITABLE ESTOPPEL AS APPLIED TO A HOME RULE MUNICIPALITY EXERCISING ITS AlITHORITY AND POWERS IN CODE ENFORCEMENT AND RELATED MATTERS. IT IS THE EXPRESS INTENT OF THE CITY TO REQUIRE APPLICATION OF IBE PROVISIONS OF IBIS CHAPTER TO AS MUCH PROPERlY , DEVELOPED OR UNDEVELOPED. RESIDENTIAL OR BUSINESS. OCCUPIED OR VACANT. IN THE CITY AS IS LEGALLY POSSIBLE WITHOUT VIOLATING IBE LEGALLY VESTED RIGHTS OF Ai.'-1 OCCUPANT. OWNER OR DEVELOPER UNDER CASE LAW OR SfATUTORY LAW. THE CRITERIA HEREIN SHALL BE CONSIDERED IN RENDERING A VESTED RIGHTS DETERMINATION HEREUNDER. IT IS INTENDED THAT EACH CASE BE DECIDED ON A CASE BY CASE FACTUAL ANALYSIS . AN APPLICANT SHALL BE ENTITLED TO A POSITIVE VESTED RIGHTS DETERMINATION ONLY IF SU CH APPLICANT DEMONSTRATES. BY CLEAR AND CONVINCING EVIDENCE . ENTITLEMEITT TO COMPLETE HIS OR HER DEVELOPMENT WITHOUT DUE REGARD TO IBE OlliERWISE APPLICABLE PROVISIONS OF THIS CHAPTER BY REASON OF: . - 19 • • •· • C ' 2 -• • , .. - <. 1. TiiE PROVISIONS OF 1TI'LE 24, ARilCLE 68, C.RS.; OR 2. TiiE EXISTENCE OF ALL TiiREE OF 1HE FOLLOWING REQUIREMENTS: a. SOME Al.TTiiORIZED ACT OF 1HE CrIY; AND b . REASONABLE GOOD FAITH RELIANCE UPON SUCH ACT BY 1HE APPLICANT; AND ,- c. SUCH A SUBSTANilAL CHANGE IN POSmON OR EXPENDrruRE BY 1HE APPUCANI' nlAT IT WOULD BE HIGHLY INEQUITABLE OR UNJUSf TO DESTROY TiiE RIGHTS ACQUIRED . B. IN EVALUATING WHETHER AN APPLICANT (OCCUPANI'. OWNER DEVELOPER OR 1HE SUCCESSOR IN INTEREST OF 1HE 1HREEJ HAS MET 1HE REQUIREMENTS OF AS SET FOR'Ili IN (A) ABOVE . 1HE HEARING OFFICER SHALL CONSIDER AND GIVE WEIGHT TO TiiE FOLLOWING FACTIJAL MATraRS: 1. TiiE TOTAL INVESTMENT MADE IN 1HE PROJECT/PROPERIY. INCLUDING ALL cosrs INCURRED SUBSEQUENT TO 1HE ACT OF 1HE CrIY RELIED UPON BY 1HE APPLICANT. WHICH cosrs MAY INCLUDE. Wl1HOUT LIMITATION. 1HE cosrs OF LAND ACQUISmON. ARCHITECTURAL AND ENGINEERING FEES AND COSTS OF ON-SITE INFRASTRUCTIJRE IMPROVEMENTS TO SERVICE TiiE PROJECT; 2. ANY DEDICATION OF PROPERTY MADE TO PUBLIC ENTITIES IN ACCORDANCE wrnt TiiE APPROVED OVERALL DEVELOPMENT PU.N FOR TiiE PROJECT OR 1HE APPROVED PRELIMINARY PLAN OR Pl>.T FOR TiiE PROJECT: 3. WHETiiER INFRASTRUCTIJRE IMPROVEMENTS WHICH HAVE BEEN INSfALLED HAVE BEEN SIZED TO ACCOMMODATE USES APPROVED IN THE APPROVED OVERALL DEVELOPMENT PLAN OR 1HE APPROVED PRELIMINARY PLAN OR PLAT FOR TiiE PROJECT; 4. TiiE ACREAGE OF TiiE APPROVED OVERALL DEVELOPMENT PLAN OR 1HE APPROVED PRELIMINARY PLAN OR PLAT FOR THE PROJECT AND TiiE NUMBER OF PHASES Wl1HIN TiiE OVERALL DEVELOPMENT PU.N OR THE PRELIMINARY PLAT OR PLAN AND TiiEIR RESPECTIVE ACREAGE'S WHICH HAVE RECEIVED FINAL APPROVAL: 5. WHETiiER TiiE COMPLETION OF TiiE PROJECT HAS BEEN TIMELY AND DILIGENTLY PURSUED; AND 6. TiiE EFFECT OF THE APPUCANI"S EXISTING DEVELOPMENT LOANS ON TiiE APPLICATION OF TiiE ENGLEWOOD COMPREHENSIVE ZONING ORDINANCE TO TiiE PROJECT. 20 • . .. •· • 0 1,-- , I ''It , I • • ,~ • 15-5-8: CRITERIA FOR TAKINGS A. nus SECTION IS INI'ENDED TO STRIC'Il.Y ADHERE TO AND IMPLEMENr EXISTING CASE LAW AND STATIITORY LAW CONTROWNG IN THE STATE OF COLORADO AS THEY RELATE TO THE TAKINGS DOCTRINE AS APPLIED TO A HOME RULE MUNICIPALITY EXERCISING rTS AtrniORJlY AND POWERS IN CODE ENFORCEMENr AND REL-\TED MATIERS. rr IS THE EXPRESS INTENr OF THE CrIY TO REQUIRE APPLICATIO'.'J OF THE PROVISIONS OF THIS CHAPTER TO AS MUCH PROPERIY. DEVELOPED OR UNDEVELOPED. RESIDENilAL OR BUSINESS. OCCUPIED OR VACANr, IN TiiE CllY AS IS LEGALLY POSSIBLE WITHOUT VIOLATING TAKINGS LAW. R THE CRITERIA HEREIN PROVIDED SHALL BE CONSIDERED IN RENDERING A TAKI:-JGS DETERMINATION HEREUNDER IT IS INI'ENDED THAT EACH CASE BE DECIDED ON A CASE-BY-CASE FAClUAL ANALYSIS. WHILE THE CRITERIA FOR TAKINGS ESTABLISHED IN THIS SECTION ARE INTENDED TO PROVIDE FAIR STA.'IID.-\."°S IN A PRE-LITIGATION FORUM AND TO REFLECT THE CURRENr STATE OF lliE I.AW FOR COLORADO. lliE Crn"S ADOPTION OR USE OF THESE CRITERIA FOR TAKI'.';GS SHALL NOT IN ANY WAY BE DEEMED AN ADMISSION. CONCESSION OR STATE:\-IE:.\-:" 3Y TIIE CrIY THAT SUCH CRITERIA APPLY OR ARE CONTROWNG IN A COURT OF I.AW .• -\.'\;TI 1liE CITY HEREBY UNCONDmONALLY RESERVES ALL DEFENSES AND CL-IDtS WHICH WOULD OTHERWISE BE AVAILABLE TO IT UNDER THE LAW. FOR EXAMPLE. 3L"T wrrnour LIMITATION. THE CrIY DOES NOT CONCEDE FOR LITIGATION PL"RPOSES THAT TIIE "REASONABLE NEXUS" /"ROUGH PROPORTIONALITY" C>OCTRr\i"'ES APPLY TO MONETARY EXCHANGES OR TO LEGISLATIVE ACTS. ALTHOUGH TIIE CITY CHOOSES TO APPLY SUCH CRITERIA TO THE TAKINGS DETERMINATION PROCESS DESCRIBED HEREIN. SccUPo 15. The City Council of the City of Englewood. Colorado hereby readopts the !anguage previously under 15-3-l. which was repealed In Sect1on I ofthts Ordmance. ntle 15. Chapter 6 . shall now read as follows: CHAPTERS CUTllNG AND REMOVAL OF WEEDS AND GRASS: Cutting or Removing Weeds and Grass. Every occupant and/or owner of real property shall cut. or cauae to be cut. all weeds or grasses O\"er six Inches (6") In height growing thereon and shall remove. or cause the removal of. said A·eeds or grass to a site authorized for such disposal. Section 16 . The City Council of the City of Englewood. Colorado hereby readopts the language previously under 15-2 -3 . which was repealed In 5ect1on I ofthts Ordmance. ntle 15. Chapter 7 . shall now read as follows: CHAPTER 7 TRASH. JUNK AND SALVAGE 15-7 -l : GENERAL REGULATIONS: A. No person shall throw. place or deposit any trash on any public street. In a public park or place, or In any public building within the City except In trash containers. 21 "' - '' • •· • 0 , - • • 0 - B. No person shall throw, place or deposit any trash In any fountain , lake, bay, stream or other body of water wtthin the City nor on any occupied or vacant property wtthin the City. C. No person shall affix any poster. notice or like device to attract public attention. to any lamp post public utility post, traffic control device. tree. public structure or building except as may be authorized by law. D. Every occupant. lessee, or owner of a business property Is required to keep the sidewalk adjacent to the property or the proportional share of common sidewalk. walkway. mall. or parking lot free from trash. except as provided In subsection 15-7-3(E). E. No occupant. lessee. or owner of real property shall sweep into. or deposit In. any gutter. street. alley or public place the accumulation of grass clippings. leaves. branches or trash from his or her building, sidewalk or driveway. except as provided In subsection 15-7-3(E). F. No driver or passenger of an automobile, motorcycle. bicycle, aircraft. or other vehicle shall throw. place or deposit trash upon any real property or any public street or public area within the City . G. No person shall drtve any truck. trailer, small trailer. special mobile equipment or like vehicle Into or within the City unless Its contents are covered or loaded to prevent them from being scattered. H. No person shall drive any truck. trailer. small trailer. special mobile equipment or like vehicle Into or wtthin the City and In so doing scatter or track any mud. dirt. trash. oil or other foreign matter Into a public street. alley or other public place. I. No person shall throw or deposit trash wtthin the trash container of another person wtthout that person's express or Implied consent. 15-7-2: RESIDENTIAL DISTRICT REGULATIONS : A. No person shall store junk out-of-doors. B. No person shall conduct or permit salvage or storage operations or facilities In any residentially zoned area. 15-7-3: PLACEMENT AND REMOVALOF-mASH : A . Any accumulation of trash on any premises, Improved or unimproved. within the City of Englewood Is prohibited and Is declared to be a nuisance. B. Every occupant or owner of real property shall remove . or cause the removal of. all accumulations of trash from such property and shall subscribe to a trash removal service wtth a licensed trash hauler, and. pending the removal. shall place the same In a trash container kept for that purpose. C. All persons shall store all trash In covered trash containers In such a manner as to prevent It from being earned or scattered by animals or the elements and to prevent the emission of noxious or offensive odors. 22 • ..... ... I· • 0 -• • • D. All occupants or owners of real property shall set trash containers back at least five feet (5 ") from the side property lines. No person shall store trash and garbage In the front yard for more than twenty-four (24) hours prtor to a scheduled collection or pick-up. E. All persons shall place trash containers within the publlc rtght-of-way only on regularly scheduled pick-up or collection days and In a manner which will not obstruct vehicular or pedestrian traffic and shall remove said trash containers from the public rtght-of-way not later than twenty-four (24) hours after the pick-up or collection. F . No person shall engage In the business of rcmovtng or hauUng trash In the City without first obtaining a Ucensc therefor. Pursuant to Title 5 of this Code and without provtding recycllng scrvtccs as such scmccs may be required by this Code. G. Mandatory trash collection. All garbage. trash. waste and rubbish shall be removed from the property of each owner or occupier of land within the City of Englewood at least once a week. Section 17. The City Council of the City of Englewood. Colorado hereby readopts the language previously under 15-2-4. which was repealed In Section I of this Ordinance. Title 15. Chapter 8 . shall now read as follows: CHAPTERS 15-8-1 : ANI1SCAVENGING : It shall be unlawful for any person. other than a member of a governmental pollce agency. without the permission of the owner of recyclable material. to take recyclable material which has been set out or stored by the owner for collection by a collection or rccycllng scrvtcc: or remove any recyclable matertal from a container. box. collection vehicle. depot or other receptacle for the accumulation. storage. or sale of recyclable material. Section 18. The City Council of the City of Englewood. Colorado hereby readopts amended language previously under 15-5-3. which was repealed In Section 1 of this Ordinance. Title 15. Chapter 9. shall now read as follows: CHAPTER 9 15-9-1 : VEHICLES: DERELICT AND HOBBY: It shall be unlawful and considered a nuisance for any person to store. maintain or keep any derelict or hobby vehicle. as defined by this Title. on any real property or adjacent public rtght-of-way In the City except as follows : A. Vehicles In Residential Zones. 1. 2. There shall be no more than one hobby or derelict vehicle maintained or stored on the property of any residence ln a residentially zoned district. which vehicle shall be stored In a fully enclosed garage or similar structure. A person may store the vehicle In a carport or open area If the vehicle and Its parts arc kept entirely covered with a tic-down canvas or other opaque covering. Storage or covering Is not required when the vehicle is actually being worked on. No person shall store or work on any hobby or derelict vehicle wtthln the required front yard setback or In or on any public property or rtght-of--y. 23 ... •· • 0 , • "' - • • 3. The owner of a derelict or hobby vehicle as well as the occupant and owner of the property shall be responsible for the maintenance or storage of such vehicle in compliance wtth this Chapter. 4. The owner of a hobby vehicle or derelict vehicle stored in a residentially zoned district shall register the vehicle With the Department of Motor Vehicles. State of Colorado. or obtain an Englewood storage permit for such vehicle. a There may be issued two types of permits for the storage of hobby or derelict vehicles in residential areas: L The "hobby vehicle stx (61 month pemut· shall be issued to an owner or occupant of a residentially zoned property for no fee and shall be valid for a six (6) month time period from the date of issuance. The pennit shall be issued for a spectftc vehicle and a spectftc site. Only one "hobby vehicle six (6) month pemut· shall issue In any one year time pertod from the date of Issuance of the Initial permit. After each anniversary date of the Issuance of the "hobby vehicle six (6) month permit" the owner or occupant may apply for a new "hobby vehicle six (61 month pennit". u. The "hobby vehicle one year permit" shall be Issued to an owner or occupant of a residentially zoned property for the fee of one hundred dollars (S 100.00). nontransferable. for the one hobbv or derelict vehicle which ts not stored at all times In a fully enclosed garage in a residentially zoned district of the City. The pennit shall apply only to the ·permitted" vehicle and one parcel of residential property identified in the pennit and shall not apply to any other vehicle or parcel or residential property. b. No more than one permit shall be active at any time. 5. No person shall store on a residentially zoned property a hobby or derelict vehicle without a permit or in violation of the manner set forth in this subsection six (61 . Failure to comply shall be a violation of this Code. 6. Any single vehicle stored on the property that is covered wtth a tie down canvas or other opaque covering, Is stored on a hard surface and has four (41 fully Inflated tires ts presumed to be fully licensed. Insured and State inspected and not a derelict or hobby vehicle. If more than one vehicle ts covered and stored on any one property. this presumption shall not exist and It shall be the duty of the City to determine whether the vehicles are derelict or hobby as defined by this Section and to take such measures as are authorized by this Section. B. Business Zoned Districts. l. No person shall keep a hobby or derelict vehicle In a business zoned district unless such vehicle Is stored In a fully enclosed structure in an area screened from view of adjacent properties and public rtghts-of-way. 2 No person who resides in a business or Industrial zoned district shall keep more than one hobby or derelict vehicle on the property. 24 • . •· • 0 , ]- • • , . • 3. The owner of a derelict or hobby vehicle as well as the occupant and owner of the property shall be responsible for the maintenance or storage of such vehicle In compliance with this Chapter. 4 . The owner of a hobby vehicle or derelict vehicle stored In a business zoned district shall regtster the vehicle with the State of Colorado Deparanent of Motor Vehicles. or obtain an Englewood storage permit for such vehicle. a. There may be Issued two types of permits for the storage of hobby or derelict vehicles In business areas: L The "hobby vehicle six (61 month permit" shall be Issued to an owner or occupant of a business zoned property for no fee and shall be valid for a six (61 month time period from the date of issuance. The permit shall be Issued for a specific vehicle and a specific stte. Only one "hobby vehicle six (61 month permtt· shall Issue In any one year time period from the date of Issuance of the Initial permit. After each anntversary date of the Issuance of the "hobby vehicle six (61 month permit" the owner or occupant may apply for a new "hobby vehicle six (61 month permit". b. The "hobby vehicle one year permit" shall be Issued to an owner or occupant of a business zoned property for the fee of one hundred dollars($ 100.001. nontransferable. for the one hobby or derelict vehicle which ts not stored at all times In a fully enclosed garage In a residentially zoned district of the City. The permit shall apply only to the "permitted" vehicle and one parcel of residential property tdenttfted In the permit and shall not apply to any other vehicle or parcel or bustness property. c No more than one permit shall be active at any time . 5. No person shall store on a buslnesa-zoned property a hobby or derelict vehicle without a permit or In violation of the manner aet forth In this subsection six (61 . Failure to comply shall be a vtolatton of this Code . 6 . The provtstons of this substttion six (61 shall not apply to property that has as a permitted use as an auto repair business. Sc:cUon 19 . The City Council of the City of Englewood. Colorado hereby readopts the language previously under 15-6-2 . which was repealed In Section l of this Ordinance. Title 15. Chapter 10. shall now read as follows : CHAPTER 10 15-10-1 : ABANDONED ICEBOXES. REFRIGERATORS AND FREEZERS: It Is hereby declared to be a nuisance and shall be deemed unlawful for any person to store. maintain. abandon or place any unused Icebox. refrigerator. freezer or other compartment capable of being tightly closed In any place or location whatsoever which Is accessible to children or the general public. without first removtng the doors of such Icebox. refrigerator. freezer or compartment. 25 •· • 0 , • • • • Section 20. The City Council of the City of Englewood. Colorado hereby readopts the language previously under 15-6-3. which was repealed In Section 1 of this Ordinance. Title 15. Chapter 11, shall now read as follows : CHAPIER 11 15-11-1: ANIMALS OR FOWL: It Is hereby declared to be unlawful for any person to keep or permit upon any premises In the City. any animals or fowl of any kind which. by reason of odor. uncleanliness. disease. sound or cry. shall disturb the peace and comfort of any neighborhood or Interfere with any person In the reasonable and comfortable enjoyment or life or property, or In any other manner present a menace to the public health or safety. Section 21 . The City Council of the City of Englewood. Colorado hereby readopts the language previously under 15-6-4. which was repealed In Section 1 of this Ordinance. Title 15, Chapter 12. shall now read as follows: CHAPIER 12 15-12-1 : CESSPOOLS AND PRMES: It Is hereby declared to be a nuisance and It shall be unlawful for any person to construct. keep. use or maintain any sewage vault. closet. privy. cesspool or septic tank at any place within the City, except as hereinafter provided : A. If there Is no sanitary sewer line In a bordering street. alley or easement Immediately opposite to some point on the premises. a cesspool or septic tank may be permitted to continue In operation; provided. that If a sanitary sewer line becomes Installed and available at the aforesaid locatton. the uae of such cesspool or septic tank shall be discontinued and the premises shall be connected with the sewer system within six (6) months after the sewer line Is Installed and available to the premises. B. A portable toilet may be utilized or maintained on a construction site during the time of construction or during special activity approved by the City. Section 22 . The City Council of the City of Englewood. Colorado hereby readopts the language previously under 15-6-5 and 12 -1-5. which was repealed In Section 1 of this Ordinance. Title 15. Chapter 13. shall now read as follows : CHAPIER13 15-13 -1 WATER RELATED NUISANCES A. Drains and Ditches. It Is hereby declared to be a nuisance and It shall be unlawful for any person to create. permit or maintain upon any premises In the City any unclean. leaking. foul. unsafe or dangerous. defective or filthy drain. ditch. tank or gutter. B. Ponds or Pools. It Is hereby declared to be a nuisance and It shall be unlawful for any person to create. permit or maintain upon any premises In the City any pond or pool with unwholesome . Impure and offensive water. 26 ..... '' .. ; •· • 0 , • • 0 • C. Pollution of Water Supply. It shall be deemed a nuisance for any person to conduct or cany on any unwholesome or offensive business or establlshment wtthtn a distance of five (5) miles upstream from the intake of the domestic water supply system of the City along and adjacent to the South Platte River or any tributary thereof. In a manner which Is capable of. or results In, the pollution. contamination or rendering of the water In said rtver or tributary Impure. unsafe or unwholesome by the discharge or drainage of wastes or any contaminating matter whatsoever. by surface or subsurface drainage or otherwise, from said business or establishment. Section 23 The City Council of the City of Englewood. Colorado hereby readopts the language previously under 6-2-10. which was repealed In Section I of this Ordinance. Title 15, Chapter 14, shall now read as follows : CHAPTER14 15-14-1 : NOISE CON'IROL A . Any person who operates or maintains any device, Instrument. vehicle or machinery which causes discomfort or annoyance to reasonable persons or normal sensitiveness or which endangers the comfort. repose. health or peace of residents In the area. shall be deemed . and Is declared to be a public nuisance. B. The provisions of this Section do not apply to the following subsections found In Chapter 6 . Title 2. of the Englewood Municipal Code: 6-2-5. A. B. C. D. L. and M. Section 24 . The City Council of the City of Englewood. Colorado hereby readopts the language previously under 15-6-8. which was repealed In Section l of this Ordinance. Title 7 , Chapter 6F. Section 12 . shall now read as follows : 7-6F-12: DEFACED PROPERIY: A. Declaration of Publlc Nuisance. All property defaced by graffiti or gang graffiti that Is visible to publlc view Is hereby declared to be a publlc nuisance and In the Interest of public health, safety. morals and general welfare. shall be abated as set forth In this Section. B. Abatement of Graffiti or Gang Graffiti. Whenever any graffiti or gang graffiti shall be found . the City Manager or his destgnee shall order the occupant or owner of the property upon which the graffiti or gang graffiti shall exist. at his own expense. to remove or correct the same within twenty-four (24) hours or such pertod In excess of twenty-four (24) hours as designated In writing by the City Manager or his destgnee. the City Manager or his destgnee may cause the graffiti or gang graffiti to be removed or corrected and all expenses Incurred shall b e assessed upon such a lot or premises upon which the graffiti or gang graffiti existed. Section 25. The City Council of the City of Englewood. Colorado hereby readopts the language previously under Title 15. which was repealed In Section l of this Ordinance. Title 7, Chapter 6F. Section 13. shall read as follows : 2 .... •. .. • • 0 , • 7-6F-13: DISTRIBlJllON OF HANDBILLS 7-6F-13-l : RESTRicnONS : • 0 • A. No person shall distribute. place or sell any commercial or noncommercial handbill, advertisement or similar literature In or upon any street. sidewalk. any pnvate parking lot open for public use. or any other public place within the City; provided. however. a person may distribute free handbills directly to persons who are willing to accept them. B. No person shall distribute any handbill or similar literature upon any inhabited pnvate premises except by placing said items in a manner as to prevent them from being blown or drifted about said premises. Mail boxes shall not be used for distribution when such distribution is prohibited by Federal regulations. No person shall distribute any handbill or similar literature at any vacant premises. C. No person shall distribute any handbill, solicit funds. distribute literature or sell an article upon any real property if requested not to do so by any occupant of said property or by any sign posted on said property Instructing against such act or action. 7-6F-12-2 : HANDBILLS : EXCEPTIONS: The provisions of this Chapter shall not apply to the proper distribution of mail by the United States Post Office. It shall also not apply to the delivery of newspapers which are legal publications: provided. that newspapers shall be distributed in a manner which prevents their being carried away by the elements and provided further that the property has not been posted Instructing against such act or action. Section 26 . The City Council of the City of Englewood. Colorado hereby readopts the language prev1ously under Title 15. Chapter 5. which was repealed In Section l of this Ordinance. Title 11. Chapter 6. shall read as follows : 11-6: VEHICLES 11-6-1: PARKING/STORAGE REGULATIONS IN ALL DISTRICTS: A It shall be unlawful for the operator or owner of an automobile transport trailer. road tractor. truck tractor. moving van. transit-mix concrete truck. trailer. semi-trailer or truck With an empty weight in excess of seven thousand (7,000) pounds (70 C .W.T .) or special mobile equipment to stop. stand or park such vehicle or cause such vehicle to be stopped. stood or parked on any street or highway. alley or other public way Within the City for a period in excess of four (4) hours at any time. except when such vehicle Is betng expeditiously loaded or unloaded or such mobile equipment Is betng used to perform the special operations for which it was designed. B. No person(sl shall park any tank truck(s). tank trailer(s). tank semi-trailer(s) or other truck(s) used to transport hazardous substances or matenals upon the streets. alleys or public or private places within the City except when entlrely empty and then only for a period not exceeding one hour. No person shall repair any cargo area or tank of such vehicles within this City except when such cargo area or tank of such vehicles are completely empty of flammable liquids. vapors, or hazardous substances or matenals. and only after being thoroughly steamed or washed to remove all explosive vapors. No pe.rson 21 • • •· • , • ,, - - 0 ,. . ' • • • • • 0 • ]- • • • t~ . • ' ,, shall park or allow to remain on this City's streets. alleys, or pubUc property. or private property any tank truck. tank semi-trailer or tank trailer used for transporting Uquefted petroleum or gas. whether loaded or empty. or any truck canytng hazardous substances, except when actually engaged In filling storage tanks or while under repair. C. No person shall park any motor vehicle or vehicle In excess of twenty-two feet (22') In length. or eight feet (8 ') In width, In the pubUc right-of-way except when such motor vehicle Is being expeditiously loaded or unloaded. D. No person shall park or permit to stand In any pubUc right-of-way or on pubUc property. any trailer or small trailer unless the trailer ts connected to or attached to a motor vehicle In a manner to be towed. The vehicle and connected trailer shall not be parked In the pubUc right-of-way for more than seventy-two (72) hours within any one week. E. No person shall permit any snowplow designed to be truck mounted which Is not hooked up or otherwise attached to a motor vehicle In a manner to be used for Its Intended purpose. to be stored or parked on public streets or rights-of-way. All owners and/or operators of vehicles with snowplows attached shall not store them on pubUc streets. F. No person shall store any truck or other vehicle loaded with trash. junk, weeds. tree branches or limbs In a public right-of-way . G. No person shall park or store any motor vehicle In a manner so as to obstruct the pubUc sidewalk or right-of-way. H. No person shall park a vehicle In excess of any time Umlt estabUshed for parking at that location. which shall be the time Umlt for that day and that block. 11-6-2: PARKING/STORAGE REGULATIONS FOR RESIDENTIAL DISTRICI'S: A. It shall be unlawful for any person to store a vehicle designed and used for recreation purposes. tncludtng. but not Umlted to. one or more motor homes. boats, campers. trailers used for carrying boats, hobby or derelict vehicles or racing cars, motorcycles and other equipment or motor vehicles upon the pubUc right-of-way. The vehicle may be parked In the right-of-way for no more than seventy-two (72) hours within any one week while being expeditiously loaded or unloaded . B. No person shall park the followtng described vehicles on pubUc or private property In residential areas except while making normal deUvertes or being used to perform the special operations for which It Is designed: 1. Any vehicle with an empty weight In excess of seven thousand (7 ,000) pounds (70 C .W.T .). 2 A road tractor. truck tractor or semi-trailer. 3 . A truck constructed or adapted for the purpose of transporting or deUvery of bulk gasoline. petroleum products, or hazardous substances or matertals. 4. A tow truck or automobile wrecker. 5. A church bus or school bus not wied for school or church purpoees. 29 I'~ • ' •· • 0 ' ]- • ;- 0 ,~ . -' <' C. No person shall park or store any vehicle on prtvate property in Violation of the following restrtctlons: l. No vehicle shall be parked in such a way as to block the sidewalk or any portion of the public sidewalk. 2. No vehicle shall be parked In front of the front setback of the prtnctpal structure unless located on a concrete, brtck paver. asphalt surface. gravel or other similarly finished hardened or dust free surface. 3. In no case shall more than one commercial vehicle be parked or stored on property In any residential zone dlstrtct, whether in a prtvatc garage or carport, In an off-street parking space or in an open-space area. and the size of said commerctal vehicle shall not exceed empty vehicle weight of seven thousand (7.0001 pounds (70 C.W.T.). 4. Detached campers shall be stored In the area identified as the rear or side yard and shall be stored on blocks or supports not more than siJc Inches (6 ") in height. or on Its loading Jacks or apparatus at their lowest llmtts. All loading equipment shall be In good repair. 5 . No person shall occupy any vehicle In Violation of the following: a No motor vehicle or vehicles shall be occupied or used for living or housekeeping or sleeping purposes or for the housing and keeping of animals, except as provtded In subsection b below: b. Upon the application of a resident of the City. a special permit may be Issued by the Department of Community Development for a nonresident Journeying In a recreational vehicle used for housekeeping purposes and who Is visiting at the residence of the applicant. to occupy the travel vehicle at the applicant's residence for not more than seven (7) days. The special permit shall specify the location of the applicant's property or adjacent rtght-of-way In which the travel vehicle Will be parked while occupied. This shall not be deemed to permit the parking or storage of a detached camper. trailer or small trailer In any public street or right-of-way of any street designated as an arterial or collector street. Section 27 . Nothing In this Title shall prohibit or restrtct the City or any of Its departments from seeking the abatement of a nuisance by any other means. including but not limited to, enforcement in the District. County or Federal Courts of the State of Colorado. Section 28 Safety Clauses The City Council. hereby finds. determines. and declares that this Ordinance Is promulgated under the general police power of the City of Englewood. that It ts promulgated for the health. safety. and wd!are of the public. and that this Ordinance Is necessary for the preservation of health and safety and for the protection of public convenience and welfare . The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. 30 ' . -.... t' '"" ~ • . ... .., •· , • 0 • • , . • Section 29. Scvcrahlllty If any clause. sentence. paragraph. or part of this Ordinance or the application thereof to any person or drcumstances shall for any reason be adjudged by a court of competent jurisdiction invalid. such judgment shall not affect Impair or invalidate the remainder of this Ordinance or Its application to other persons or circumstances. Section 30. Inconsistent Ordinances All other Ordinances or portions thereof Inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconsistency or conflict. Section 31 . Effect of [PJ)Cal or modtftcation The repeal or modiftcation of any provision of the Code of the City of Englewood by this Ordinance shall not release. exttngulsh. alter, modify. or change In whole or in part any penalty. forfeiture. or liability. either ctvt1 or criminal. which shall have been Incurred under such provision. and each provision shall be treated and held as still rema1ntng In force for the purposes of sustaining any and all proper actions, suits. proceedtngs. and prosecutions for the enforcement of the penalty. forfeiture, or liability. as well as for the purpose of sustaining any judgment. decree, or order which can or may be rendered. entered. or made In such actions. suits. proceedings. or prosecutions. Section 32. fcnalt):. The Penalty Provision of E.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. Introduced. read In full. and passed on ftrst reading on the 1st day of June. 1998. Published as a Bill for an Ordinance on the 5th day of Jwie. 1998. Themas J . &.ans. Mayor A'ITEST: Loucrtshla A. Ellis. City Clerk I. l..oucrtshla 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 Ordlnancc. Introduced. read In full. and passed on first reading on the 1st day of June. 1998. Loucrtahia A. Ellta JI ,,,_ • . • • • 0 , -• • I • . • ' COUNCIL COMMUNICATION Date Agenda Item Subject Telecommunications Ordinance • Amendment of Comprehensive Zoning June 1, 1998 10 a iii Ordinance Initiated By Neighborhood and Business Development I Staff Source Brad Denning, Planning Analyst RECOMMENDED ACTION Staff recommends that City Council approve amendments to the Comprehensive Zoning Ordinance to add telecommunication guidelines and standards in the City of Englewood. These revisions address the rapid growth of the telecommunications industry, specifically, the requests for locating wireless telecommunication towers and facilities in the city. SUMMARY AND BACKGROUND "' - As of February 3, 1997, Council Bill No. 9 was enacted to establish a temporary suspension on the issuance of permits for the construction and installation of wireless telecommunication towers in the City of Englewood for a period of eight months. The moratorium was intended to provide time for City staff to collect information and revise zoning regulations that protect the interests of the community and those of the telecommunication industry. The moratorium ended on November 20"', 1997. Implementation of new regulations has been delayed due to ongoing collaboration and coordination with legal staff, city departments, and the telecommunications industry task-force representatives . The City's current zoning regulations inadequately address land use impacts associated with wireless telecommunication facilities because such regulations were developed prior to the advent of wireless communications. Neighborhood and Business Development has reviewed extensive reports from various communities in an effort to keep abreast of the activities surrounding this issue. The foremost issues of this ordinance are: 1 . Location· Location of Towers and/or telecommunications facilities . 2 . Inventory • Creating Inventories of existing structures suitable for use as antenna support platforms (e.g . communications towers, water tanks, inactive chimneys, buildings , existing or planned public facilities and/or lands, police and fire stations, etc.) 3 . Criteria -Criteria for tower siting and design . 4 . Co-location -The location of more than one cellular service provider locating transmitters on a single tower or structure. s. Incentives -Provide Incentives such as tax abatements for "stealth" or camouflaged towers, an expeditious review and approval process for towers propoeed within preferred land UM areas, using existing buildings or public facilities, or co-location usage . • . • • C I ? ]- • • • ,, ... Due to the specialized nature of this issue, the City Attorney appointed Mr. Ken Fellman, Kissinger & Fellman, P.C., as Special Counsel to draft the proposed ordinance. NBD worked with Mr. Fellman, various city departments and the industry task force to coordinate efforts on the ordinance. Mr. Fellman will address Council regarding the content of the proposed ordinance. FINANCIAL IMPACT Potential financial impact to the City. Staff has conducted a survey of the current and potential tower and antenna sites in the city. Some proactive municipalities have marketed City sites to telecommunication providers for leasing, depending on the need of the industry and the design of their cell site systems. UST OF ATTACHMENTS Proposed Ordinance Findings of Fact Staff Report • I • . • • 0 I ,,,,.. I - - • • I • • .. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MA TfER OF CASE #OR-98-03 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO A PROPOSED AMENDMENT TO THE ) COMPREHENSIVE ZONING ORDINANCE ) BY ADOPTING STANDARDS FOR THE ) DEVELOPMENT OF TELECOMMUNICA-) TIONS ANTENNAE AND TOWERS AND ) INSTALLATION OF RELATED FACil.ITIES ) INITIATED BY: The Department of Neipborbood And Business Development ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Welker, Dummer , Homer, Lathram. Rininger, Tobin, Douglas Commission Members Absent : Weber This matter was considered at Public Hearing before the City Planning and Zoning Commis- sion on May S, 1998 , in the City Council Chambers of the Englewood City Hall. Testimony was received from staff, special legal counsel. and members of the telecommunica- tions industry . The Commission received notice of Public Hearing, the Staff Repon, and Draft V of the proposed amendments, which were incorporated into and made a pan of the record of the Public Hearing . After considering the statements of the witnesses, and reviewing the pertinent documents. the members of the City Planning and Zoning Commission made the following Findings and Con- clusions . FINDINGS OF FACT I . THAT the Public Hearing was initiated by the Nei&hb<>rbood & Business Development to address the needs of the conununity and of the telecommunications industry by es- tablishing standards on development and installation of telecommunication facilities . 6' ~ • ' .. • • 0 , • 0 • 2 . THAT notice of the Public Hearing was given by publication in the Englewood~ on April 17, 1998 . 3 . TBA T Planning Analyst Denning testified that ex1Snng ordinances enacted in Englewood are inadequate to address location and installation of telecommunication towers. antennae and related facilities. Mr. Denning also testified that City Council did, in 1997, enact an eight month moratorium on installation of further telecommuni- cation towers, antennae and related facilities; staff began research and work on drafting the proposed regulations, and members of the telecommunications industry asked for an opportunity to participate in drafting the regulations, and a special counsel was ap- pointed by the City Attorney's Office to write the regulations. 4 . THAT Special Counsel Ken Fellman testified to his collaborative work with City staff and members of the telecommunications industry in development of the proposed regu- lations. Mr . Fellman testified that changes proposed in Draft V of the proposed regu- lations incorporate many of the changes and modifications discussed during the srudy session with the Planning & Zoning Conunission in February, 1998. 5. THAT telecommunications industry representatives Ann Closser , of Air Touch Cellu- lar, and Troy Miller, of Western Wireless. testified to wording and sections of the pro- posed regulations that are of concern to them. 6 . THAT members of the Planning Conunission considered and discussed each of the points of concern raised by Ms . Closser and Mr . Miller prior to reaching a decision on the proposed regulations. CONCLUSIONS l . TBA T the proposed amendment of the Comprehensive Zoning Ordinance has been ini- tiated by the Neighborhood & Business Development Department. 2 . THAT notice of the Public Hearing was published in the Englewood HcBkl on April 17, 1998 . 3 . TBA T the proposed amendment to the Comprehensive Zoning _ Ordinance will establish standards and regulations for telecommunications towers, antennae and related facilities installed within the corporate limits of the City of Englewood. "' - .. •· • 0 , I ]- • "'~ • ·~ • (. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the pro- posed standards for dcvelopmem of telccommunications amenme and towers and installation of related facilities, as set forth in Draft V, dared May 5, 1998, should be enacted by the Englewood City Council. The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on May 5, 1998, by Mr. Horner, seconded by Ms. Tobin, which mo- tion states: The Planning Commission approw Draft V, as ame,uud, of the Tekcomnumications Stan- dards. and recom1Mnd approval of Draft V. as 01M1UUd. by the Englewood City CollllCil. AYES: NAYS : ABSTAIN: ABSENT: Latbram, Rininger, Tobin, Welker, Dummer, Horner, Douglas None None Weber The motion carried . These Findings and Conclusions arc effective as of the meeting on May 5, 1998. BY ORDER OF THE CITY PLANNING A ZONING COMMmION • .. • • 0 - TO: THRU: FROM: DATE: SUBJECT: REQUEST: • • t~ • STAFF REPORT Planning & Zoning Commission Roben Simpson. Director of Neighborhood & Business Development Brad Denning, Planning Analyst May S, 1998 Telecommunications Ordinance Case# OR-98-03 Comprehensive Zoning Ordinance Amendment ,. - Staff requests that Planning and Zoning Commission review, receive public testimony and provide comment on amendments to the Englewood Comprehensive Zoning Ordinance regarding telecommunication guidelines and standards in the City of Englewood. These revisions address the rapid growth of the telecommunications industry , specifically the requests for location of wireless telecommunications towers and facilities in the City . RECOMMENDATION: Staff recommends that Planning and Zoning Commission approve the ordinance which establishes standards and guidelines for the development of wireless communication facilities in the City of Englewood. BACKGROUND : As of February 3, 1997. Council Bill No. 9 was enacted to establish a temporary suspension on the issuance of pcnnits for the construction and installation of wireless telecommunication towers in the City of Englewood for a period of eight months . The moratorium was intended to provide time for City staff to collect information and revise zoning regulations that protect the interests of the community and those of the telecommunication indusny . The moratorium ended on November 20'11 , 1997 . Implementation of new regulations has been delayed due to ongoing collaboration with legal staff and telecommunications industty representatives. The Ci ty Anomey appointed :vtr. Ken Fellman as Special Counsel to draft the proposed ordinance by working with various city deparunents and the industry task force . Mr. Fellman w ill address the Commission regarding the content of the proposed ordinance. ORDINANCE PROPOSAL: The City 's current zoning regulations inadequately address land use impacts associated with wireles s telecommunication facilities because such regulations were developed prior to the advent of wireless communications . Neighborhood and Business Development has reviewed extensive reports from various communities. both locally and nationally , in an effort to keep abreast of the activities surrounding this issue . • . • • 0 f ]- J-- • • • C• . • ' <. The foremost issues ofthis ordinance are: i 1. Location· Location of Towers and/or telecommunications facilities. 2. Inventory -Creating Inventories of existing structures suitable for use as antenna support platforms (e.g . communications towers, water tanks, inactive chimneys, buildings, existing or planned public facilities and/or lands, police and fire stations, etc.) 3 . ~ -Criteria for tower siting and design. 4 . Co-location -The location of more than one cellular service provider locating transmitters on a single tower or structure. 5 . Incentives -Provide incentives such as tax abatements for .. stealth" or camouflaged towers, an expeditious review and approval process for towers proposed within preferred land use areas, using existing buildings or public facilities, or co-location usage. A TI ACHMENTS -TELECOMMUNICATIONS DRAFT ,,_ ' • . .. • • 0 2 l -. I • "' - • • <. ORDINANCE NO ._ SERIES OF 1998 ~~~ pa.·,/· . BY AUTHORITY ~-/~A!' CO I CIL BILL NO . 29 ~ ABILLPOR INTRODUCED BY COUNCIL MEMBER~~~~~~- AN ORDINANCE AMENDING TITLE 16, OF THE ENGLEWOOD MUNICIPAL CODE 1985 WITH THE ADDITION OF A NEW TITLE 16. CHAPTER 5, SECTION 29 , ENTITLED TELECOMMUNICATIONS ANTENNAE AND TOWERS WHICH ESTABLISHES STANDARDS FOR THE DEVELOPMENT OF TELECOMMUNICATIONS ANTENNAE AND TOWERS A."ID THE INSTALLATION OF RELATED FACILITIES AND MOVING TITLE 16 , CHAPTER 4, SECTION 21 TO TITLE 16, CHAPTER 5, SECTION 30, ENTITLED SATELLITE DISH ANTENNAE IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS , in February 1997 the Englewood City Council passed Ordinance No. 12. Series of 1997 which established a temporary suspension on the issuance of permits for the construction and installation of wireless telecommunication towers in the City for period of 8 months and ended on November 20 , 1997 and WHEREAS , the moratorium was intended to provide time for staff to collect information and revise zoning regulations that protect the interests of the community and those of the telecommunication industry ; and WHEREAS, the City's current zoning regulations inadequately address land use impacts associated with wireless telecommunication facilities due to such regulations being developed prior to the advent of wireless communications; and WHEREAS. this ordinance is intended for the purpose of up dating the City's zoning regulations to adequately address land use impacts associated with wireless telecommunication facilities in the City of Englewood ; WHEREAS. the addition of a new telecommunications ordinance requires a relocation and renumbering of the existing Satellite Dish Antennae Ordinance for clarification : and WHEREAS , in order to protect the public health and safety of peraons and property, this ordinance is considered nece888ry to ensure that towen and antennae are constructed , placed and maintamed in a manner consistent with all applicable codes : and WHEREAS . the Planning and Zoninc Commiu1on reviewed the propoeed Te lecommunications Antennae and Towen Ordinance a nd recommends the p asaage of tlus Ordinance ; and WHEREAS , the Englewood Planning and Zoninc Comm1nion held a Pubhc Heanng on the proposed Telecommunications ordinance on May 5 , 1998; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : .. .. •· • 0 , - • • 0 , . • Section 1. The City Council of the City of Englewood , Colorado hereby approves amending Title 16 . of the Englewood Municipal Code 1985 , with the addition of Title 16. Chapter 5, Section 29 , entitled Telecommunications Antennae And Towers Ordinance, establishing standards for the development of telecommunications antennae and towers and the installation of related facilities which shall read as follows : 16-5-29: TELECOMMUNICATIONS ANTENNAE AND TOWERS: A. INTENT AND PURPOSE: IN ORDER TO ACCOMMODATE THE COMMUNICATION NEEDS OF RESIDENTS AND BUSINESSES WHILE PROTECTING THE PUBLIC HEALTH , SAFETY, AND GENERAL WELFARE OF THE COMMUNITY, THE CITY COUNCIL FINDS THAT THESE REGULATIONS ARE NECESSARY TO : l. ESTABLISH A LOCAL POLICY CONCERNING TELECOMMUNICATIONS PROVIDERS AND SERVICES ; 2 . PROMOTE COMPETITION IN THE PROVISION OF TELECOMMUNICATIONS SERVICES; 3. MINIMIZE UNNECESSARY LOCAL REGULATION OF TELECOMMUNICATIONS PROVIDERS AND SERVICES: 4 . ESTABLISH GUIDELINES, STANDARDS AND TIME FRAMES FOR THE EXERCISE OF LOCAL AUTHORITY WITH RESPECT TO THE REGULATION OF TELECOMMUNICATIONS PROVIDERS AND SERVICES ; 5 . FACILITATE THE PROVISION OF WIRELESS TELECOMMUNICATIONS SERVICES TO THE RESIDENTS AND BUSINESSES OF THE CITY; 6 . MINIMIZE ADVERSE VISUAL EFFECTS OF TOWERS THROUGH CAREFUL DESIGN AND SITING STANDARDS ; 7 . AVOID POTENTIAL PERSONAL INJURY AND DAMAGE TO ADJACENT PROPERTIES FROM TOWER FAILURE THROUGH STRUCTURAL STANDARDS AND SETBACK REQUIREMENTS; 8 . ENCOURAGE AND MAXIMIZE THE USE OF EXISTING AND APPROVED TOWERS , BUILDINGS AND OTHER STRUCTURES TO ACCOMMODATE NEW WIRELESS TELECOMMUNICATIONS ANTENNAE IN ORDER TO REDUCE THE NUMBER OF TOWERS NEEDED TO SERVE THE COMMUNITY ; 9 . ASSURE THAT ALL TELECO!\.IMUNICATIONS CARRIERS PROVIDING FACILITIES OR SERVICES WITHIN THE CITY COMPLY WITH THE CITY'S MUNICIPAL CODE . 10 . SECURE FAIR AND REASONABLE COMPENSATION TO THE CITY AND ITS RESIDENTS FOR THE USE OF ANY APPROPRIATE • ..... ., •· • 0 , ]- - • • • '· r PUBLIC PROPERTY FOR USE AS A SITE FOR WIRELESS TELECOMMUNICATIONS FACILITIES; 11. ENABLE THE CITY TO DISCHARGE ITS PUBLIC TRUST CONSISTENT WITH RAPIDLY EVOLVING FEDERAL AND STATE REGULATORY POLICIES, INDUSTRY COMPETITION, AND TECHNOLOGICAL DEVELOPMENT. B . DEFINITIONS : THE FOLLOWING WORDS AND TERMS WHEN USED IN THIS SECTION SHALL HAVE THE FOLLOWING MEANINGS UNLESS THE CONTEXT CLEARLY STATES OTHERWISE: ALTERNATIVE TOWER STRUCTURE : ANCILLARY TELECOMMUNICATIONS FACILITIES: ANTENNA : CITY: COLOCATION : FAA: FCC: MEANS CLOCK TOWER, BELL STEEPLES, BUILDINGS, LIGHT POLES, WATER TOWERS AND SIMILAR ALTERNATIVE DESIGN MOUNTING STRUCTURES THAT HAVE THE CAPACITY TO CAMOUFLAGE OR CONCEAL THE PRESENCE OF ANTENNAE OR TOWERS. MEANS ALL TELECOMMUNICATIONS FACILITIES AS DEFINED HEREIN EXCEPT FOR TOWERS, ANTENNAE , OR ALTERNATIVE TOWER STRUCTURES. MEANS ANY TRANSMITTING AND/OR RECEIVING DEVICE USED IN COMMUNICATIONS THAT RADIATES OR CAPTURES ELECTROMAGNETIC WAVES, DIGITAL SIGNALS, ANALOG SIGNALS. RADIO FREQUENCIES , WIRELESS TELECOMMUNICA110NS SIGNALS, OR OTHER COMMUNICATIONS SIGNALS . MEANS THE CITY OF ENGLEWOOD , COLORADO . MEANS THE PLACEMENT OF ANTENNAE OR OTHER TELECOMMUNICATIONS FACILITIES BY TWO OR MORE TELECOMMUNICATIONS PROVIDERS IN THE SAME LOCATION OR ON THE SAME TOWER OR ALTERNATIVE TOWER STRUCTURE. MEANS THE FEDERAL AVIATION ADMINISTRATION . MEANS THE FEDERAL COMMUNICATIONS COMMISSION . ., _ • . .. • • 0 • • I •, . ,~ • . . HEIGHT: MEANS , WHEN REFERRING TO A TOWER OR OTHER STRUCTURE, THE DISTANCE MEASURED FROM THE AVERAGE GROUND LEVEL TO THE HIGHEST POINT ON THE TOWER OR OTHER STRUCTURE, EVEN IF SAID HIGHEST POINT IS AN ANTENNA. MANAGER: MEANS THE ENGLEWOOD CITY MANAGER OR HIS DESIGNEE . MICRO-CELL: MEANS A LOW POWER TELECOMMUNICATIONS FACILITY USED TO PROVIDE INCREASED CAPACITY IN HIGH TELECOMMUNICATION DEMAND AREAS, OFTEN TO IMPROVE COVERAGE IN AREAS OF WEAK COVERAGE. MICRO- CELLS COMMUNICATE WITH THE PRIMARY FACILITY IN A COVERAGE AREA VIA FIBER OPTIC CABLE , MI CROW A VE OR LAND LINE . MI CROW A VE ANTENNA: MEANS A DISH-LIKE ANTENNA USED TO LINK COMMUNICATION SITES TOGETHER BY WIRELESS TRANSMISSION OF VOICE OR DATA. MONOPOLE : MEANS A STRUCTURE COMPOSED OF A SINGLE SPIRE USED TO SUPPORT TELECOMMUNICATIONS EQUIPMENT . PRE-EXISTING TOWERS SHALL HAVE THE MEANING SET AND ANTENNAE: FORTH IN SUBSECTION C(3) OF THIS SECTION. ROOF AND/OR BUILDING MEANS TELECOMMID.1CATI0NS MOUNTED FACILITIES SUPPORTED ENTIRELY BY TELECOMMU NICATIONS A BUILDING OTHER THAN A BUILDING FACILITIES : ACCESSORY TO A TELECOMMUNICATIONS FACILITY. SECTORIZED PANEL MEANS AN ARRAY OF ANTENNAE ANTENNAE : GENERALI..YRECTANGULARINSHAPE THAT ARE USED TO TRANSMIT AND RECEIVE TELECOMMUNICATIONS •' SIGNALS. • • TELECOMMUNICATIONS MEANS A FACILITY THAT TRANSMITS FACILITY : AND/OR RECEIVES ELECTROMAGNETIC SIGNALS . IT INCLUDES ANTENNAE , MICROWAVE DISHES, HORNS, AND OTHER TYPES OF EQUIPMENT FOR THE 0 r ,,.,, I - TELECOMMUNICATIONS PROVIDER: TELECOMMUNICATIONS SERVICE: TOWER: WHIP ANTENNA: (. • • • .. TRANSMISSION OR RECEIPT OF SUCH SIGNALS, TELECOMMUNICATIONS TOWERS OR SIMILAR STRUCTURES SUPPORTING SAID EQUIPMENT, EQUIPMENT BUILDINGS, PARKING AREA, AND OTHER ACCESSORY DEVELOPMENT. MEANS AND INCLUDES EVERY PERSON OR ENTITY WHO PROVIDES TELECOMMUNICATIONS SERVICE UTILIZING TELECOMMUNICATIONS FACILITIES. MEANS THE PROVIDING OR OFFERING FOR RENT, SALE OR LEASE, OR IN EXCHANGE FOR OTHER VALUE RECEIVED, OF THE TRANSMITTAL OF VOICE , DATA, IMAGE , GRAPHIC AND VIDEO PROGRAMMING INFORMATION BETWEEN OR AMONG POINTS BY WIRE , CABLE , FIBER OPTICS LASER , MICROWAVE, RADIO , SATELLITE OR SIMILAR FACILITIES, WITH OR WITHOUT THE BENEFIT OF ANY CLOSED TRANSMISSION MEDIIDf. MEANS ANY STRUCTURE THAT IS DESIGNED AND CONSTRUCTED PRIMARILY FOR THE PURPOsE OF SUPPORTING ONE OR MORE ANTENNA, INCLUDING SELF SUPPORTING LAmCE TOWERS, GUY TOWERS , OR MONOPOLE TOWERS. THE TER.\f INCLUDES RADIO AND TELEVISION TRANSMISSION TOWERS, MI CROW A VE TOWERS, COMMON CARRIER TOWERS, CELLULAR AND PERSONAL COMMUNICATIONS SERVICE TELEPHONE TOWERS, MAN MADE TREES, AND OTHER SIMILAR STRUCTURES. MEANS AN ANTENNA THAT IS CYLINDRICAL IN SHAPE. WHIP ANTENNAE CAN BE DIRECTIOKAL OR OMNIDIRECTIONAL AND VARY I~ SIZE DEPENDING UPON THE FREQL'E~CY AND GAIN FOR WHICH THEY ARE DESIGNED. .... • .. • • 0 I ,,,.. I ,. -• -• • C. APPLICABILITY : l. GENERRLAPPLICABILITY. EXCEPT AS SPECIFICALLY PROVIDED BELOW , THESE PROVISIONS SHALL APPLY THROUGHOUT THE CITY LIMITS OF THE CITY OF ENGLEWOOD, AND NO TOWER, ANTENNA OR TELECOMMUNICATIONS FACILITY SHALL BE PERMITTED EXCEPT IN COMPLIANCE WITH THESE PROVISIONS . IN CASE OF ANY CONFLICT BETWEEN THE REQUIREMENTS OF .. THIS SECTION AND ANY ZONING DISTRICT REGULATIONS, THE PROVISIONS OF THIS SECTION SHALL CONTROL. 2 . AMATEUR RADIO AND RECEIVE-ONLY ANTENNAE. THIS SECTION SHALL NOT GOVERN ANY TOWER, OR THE INSTALLATION OF ANY ANTENNA. OWNED AND OPERATED BY A FEDERALLY LICENSED AMATEUR RADIO STATION OPERATOR IN ACCORDANCE WITH FCC RULES, OR IS USED EXCLUSIVELY FOR RECEIVE-ONLY ANTENNAE, SO LONG AS ALL OTHER REQUIREMENTS OF THE ZONING DISTRICTS ARE MET. 3 . PRE-EXISTING TOWERS, ANTENNAE AND TELECOMMUNICATIONS FACILITIES. ANY TOWER, ANTENNA OR TELECOMMUNICATIONS FACILITY FOR WHICH A PERMIT HAS BEEN PROPERLY ISSUED PRIOR TO THE EFFECTIVE DATE OF THIS SECTION SHALL NOT BE REQUIRED TO MEET THE REQUIREMENTS OF THIS SECTION, OTHER THAN THE REQUIREMENTS OF SUBSECTIONS 0(3), (4), ( 5), ( 6), (7), ( 8) AND SUBSECTION L. ANY SUCH TOWERS , ANTENNAE OR TELECOMMUNICATIONS FACILITIES SHALL BE REFERRED TO IN THIS SECTION AS PRE-EXISTING TOWERS, PRE-EXISTING ANTENNAE OR PREEXISTING TELECOMMUNICATIONS FACILITIES. D . APPLICATION : ALL APPLICANTS FOR A BUILDING PERMIT SHALL APPLY WITH THE CITY ON FORMS TO BE PROVIDED BY THE CITY. WHICH SHALL INCLUDE THE FOLLOWING: l. THE IDENTITY AND LEGAL STATUS OF THE APPLICANT. 2 . THE NAME, ADDRESS AND TELEPHONE NUMBER OF THE OFFICER, AGENT OR EMPLOYEE RESPONSIBLE FOR THE ACCURACY OF THE APPLICATION. 3 . A NARRATIVE AND MAP DESCRIPTION OF THE APPLICANT'S EXISTING OR THEN CURRENT LAND USE APPLICATION FOR PROPOSED TELECOMMUNICATIONS FACILITIES WITHIN THE • • CITY. AND OUTSIDE OF THE CITY WITHIN ONE THOUSAND (1 ,000) FEET OF ITS BOUNDARIES. IN ADDITION, THE • APPLICANT SHALL INFORM THE CITY GENERALLY OF THE AREAS OF THE CITY IN WHICH IT BELIEVES 0 TELECOMMUNICATIONS FACILITIES MAY NEED TO BE LOCATED WITHIN THE NEXT THREE YEARS. THIS PROVISION IS NOT INTENDED TO BE A REQUIREMENT THAT THE APPLICANT I • ]- ]- • • • ,~ . • ' SUBMIT ITS BUSINESS PLAN . PROPRIETARY INFORMATION, OR MAKE COMMITMENTS TO THE LOCATION OF FACILITIES IN VARIOUS PARTS OF THE CITY . RATHER, IT IS AN ATTEMPT TO PROVIDE A MECHANISM FOR THE CITY AND ALL APPLICANTS FOR TELECOMMUNICATIONS FACILITIES TO SHARE GENERAL INFORMATION , ASSIST IN THE CITY'S COMPREHENSIVE PLANNING PROCESS, AND PROMOTE COLOCATION BY IDENTIFYING AREAS IN WHICH TELECOMMUNICATIONS • FACILITIES MIGHT BE APPROPRIATELY CONSTRUCTED FOR MULTIPLE USERS. THE CITY SHALL MAINTAIN A LIST OF TELECOMMUNICATIONS FACILITIES AND UPDATE THE SAME FROM INFORMATION FURNISHED BY ALL SERVICE PROVIDERS . BY SUBMITTING AN APPLICATION, ALL APPLICANTS ACKNOWLEDGE THAT THE CITY MAY DIRECT FUTURE APPLICANTS TO DISCUSS COLOCATION WITH AN APPLICANT THAT HAS DISCLOSED TO THE CITY THE POSSIBILITY OF LOCATING TELECOMMUNICATIONS FACILITIES IN A GIVEN AREA; PROVIDED HOWEVER THAT THE CITY IS NOT, BY SHARING SUCH INFORMATION, IN ANY WAY REPRESENTING OR WARRANTING THAT SUCH SITES ARE AVAILABLE OR SUITABLE . 4 . INFORMATION SUFFICIENT TO DETERMINE THAT THE APPLICANT HAS APPLIED FOR AND RECEIVED AJ.'IJY OPERATING LICENSE OR OTHER APPROVALS REQUIRED BY THE FCC TO PROVIDE TELECOMMUNICATIONS SERVICES OR FACILITIES WITHIN THE CITY . 5 . A SITE PLAN THAT SHOWS THE RELATIVE SHAPE. SIZE AND LOCATION OF THE PROPOSED TELECOMMUNICATIONS FACILITIES, WHICH SHALL INCLUDE : a . A DESIGN DESCRIPTION, INCLUDING HEIGHT ABOVE GRADE , MATERIALS AND COLOR . b . A LANDSCAPING AND/OR VISUAL MITIGATION PLAN (TO SCALE) ACCEPTABLE TO THE MANAGER. DETAILING HOW SCREENING FROM THE PUBLIC VIEW WILL BE ACCOMPLISHED, INCLUDING CROSS SECTIONAL VIEWS , AS APPROPRIATE . c. TO THE EXTENT REQUIRED BY LANDSCAPING STANDARDS IN E .M .C . 16·5·26, AN EROSION CONTROL A.'ID REVEGETATION PLAN . 6 . A STRUCT URAL REPORT BY A COLORADO LICENSED PROFESSIONAL ENGINEER DEMONSTRATING THAT THE FACILITY WILL COMPLY WITH APPLICABLE STRUCTURAL STANDARDS . THE GENERAL STRUCTURAL CAPACITY OF THE PROPOSED FACILITY , AND THE NUMBER, TYPE AND SIZE OF ANTENNAE THAT CAN BE ACCOMMODATED . 7 . AN ACKNOWLEDGMENT BINDING THE APPLICANT, THE PROPERTY OWNER (IF OTHER THAN THE APPLICANT) AND THE APPLICANTS AND/OR OWNER'S SUCCESSORS IN INTEREST TO "'~ •· • 0 , - 1~ • • I• - PROPERLY MAINTAIN THE EXTERIOR APPEARANCE OF AND TO ULTIMATELY REMOVE THE TOWER, ANTENNAE AND TELECOMMUNICATIONS FACILITIES IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION AND ANY CONDITIONS OF APPROVAL . 8 . AN ACKNOWLEDGMENT THAT THE CITY MAY ENTER ONTO THE PROPERTY AND UNDERTAKE ANY MAINTENANCE OR REMOVAL ACTIVITIES SO LONG AS : a. THE MANAGER HAS PROVIDED THE APPLICANT WRITTEN NOTICE REQUESTING THE WORK NEEDED TO COMPLY WITH THIS SECTION AND PROVIDING THE APPLICANT AT LEAST FORTY-FIVE (45) DAYS TO COMPLETE IT ; AND A FOLLOW UP NOTICE OF DEFAULT SPECIFYING FAILURE TO COMPLY WITHIN THE TIME PERIOD PERMITTED, AND INDICATING THE CITY'S INTENT TO COMMENCE THE REQUIRED WORK WITHIN TEN DAYS OF THE NOTICE ; AND b . THE APPLICANT HAS NOT FILED AN APPEAL PURSUANT TO E.M .C. 16-2-6 WITHIN THIRTY (30) DAYS OF THE NOTICE OF THE CITY'S INTENT TO COMMENCE THE REQUIRED WORK . IF AN APPEAL IS FILED, THE CITY SHALL BE AUTHORIZED TO ENTER THE PROPERTY AND PERFORM THE NECESSARY WORK IF THE APPEAL IS DISMISSED OR FINAL ACTION ON IT IS TAKEN IN FAVOR OF THE CITY . c. NOTWITHSTANDING ANYTHING CONTAINED IN THIS SECTION TO THE CONTRARY , THE CITY SHALL NOT BE REQUIRED TO PROVIDE THE NOTICE DESCRIBED HEREIN IF THERE IS A SIGNIFICANT RISK TO THE PUBLIC HEALTH AND SAFETY REQUJRING IMMEDIATE REMEDIAL MEASURES. 9 . AN AGREEMENT TO POST A PERFORMANCE BOND . LETTER OF CREDIT, OR OTHER FINANCIAL GUARANTY SATISFACTORY TO THE MANGER, AT THE TIME A PERMIT IS ISSUED, IN AN AMOUNT TO BE SET BY THE CITY , REASONABLY RELATED TO THE COSTS THAT MAY BE INCURRED BY THE CITY SHOULD THE APPLICANT FAIL TO COMPLY WITH ANY OF ITS OBLIGATIONS PURSUANT TO SUBSECTION L, (C ONCERNING REMOVAL OF ABANDONED FA CILITIES .) THE BOND SHALL REMAIN IN EFFECT FOR A PERIOD OF TEN (10) YEARS FROM THE DATE OF PERMIT ISSt;ANCE. 10 . A STATEMENT THAT THE APPLICANT AGREES TO ALLOW FOR THE POTENTIAL COLOCATION OF ADDITIONAL TELECOMMUNICATIONS EQUIPMENT BY OTHER PROVIDERS ON THE APPLICANT'S TOWER OR WITHIN THE SAME SITE LOCATION , SUBJECT TO REASONABLE CONDITIONS . 11 . IF THE APPLICANT SEEKS A PERMIT FOR A TOWER, ANTENNA OR TELECOMMUNICATIONS FACILITIES ON LEASED PROPERTY, I'~ • ' •· A WRITTEN STATEMENT OF THE LANDLORD INDICATING THAT 0 • • • THE LANDLORD IS PERMITTED TO ENTER INTO LEASES OF THE SAME PROPERTY WITH OTHER TELECOMMUNICATIONS PROVIDERS. 12 . A WRITTEN STATEMENT FROM A QUALIFIED RADIO FREQUENCY ENGINEER, CERTIFYING THAT A TECHNICAL EVALUATION OF THE PROPOSED FACILITY INDICATES NO POTENTIAL INTERFERENCE PROBLEMS AS DESCRIBED IN SUBSECTION G(6). ADDITIONALLY , THE APPLICATION SHALL CONTAIN AN ACKNOWLEDGMENT THAT THE APPLICANT WILL NOTIFY THE CITY AT LEAST TEN CALENDAR DAYS PRIOR TO THE INTRODUCTION OF NEW SERVICE , AND ALLOW THE CITY TO MONITOR INTERFERENCE LEVELS WITH PUBLIC SAFETY TELECOMMUNICATIONS DURING THE TESTING PROCESS. 13. SUCH OTHER INFORMATION AS THE CITY MAY REASONABLY REQUIRE. E. AMENDMENT: EACH APPLICANT SHALL INFORM THE CITY , WITHIN SIXTY (60) DAYS, OF ANY CHANGE OF THE INFORMATION SET FORTH IN SUBSECTION D. F . FEES: IN ADDITION TO ANY BUILDING PERMIT FEES AND CONDITIONAL USE PERMIT APPLICATION FEES, THE APPLICANT SHALL PAY A TELECOMMUNICATIONS FACILITIES LICENSE FEE IN AN AMOUNT TO BE SET BY RESOLUTION OF THE CITY COUNCIL. TELECOMMUNICATIONS LICENSE FEES MAY BE MODIFIED FROM TIME TO TIME BY CITY COUNCIL RESOLUTION . THE CITY COUNCIL RESOLUTION MAY FURTHER PROVIDE FOR A WAIVER OF FEES IN THE CASE OF: l. CONSTRUCTION OF NEW TOWERS WITH EXCESS CAPACITY, WHERE THE APPLICANT COMMITS I~ ADVANCE TO ALLOW COLOCATION ; 2 . COLOCATION OF ANTENNAE ON EXISTING TOWERS AND/OR ALTERNATIVE TOWER STRUCTURES ; 3 . LOCATION OF ANTENNAE ON EXISTl::,,/G ALTERNATIVE TOWER STRUCTURES ; 4 . OTHER CONDITIONS WHICH THE CITY BELIEVES WILL MINIMIZE THE NEED FOR CONSTRUCTION OF :-.r:w TOWERS . G . GENERAL GUIDELINES AND REQUIREMENTS: 1. PRINCIPAL OR ACCESSORY USE . ANTE~NAE AND OTHER ANCILLARY TELECOMMUNICATIONS FACILITIES MAY BE CONSIDERED EITHER PRINCIPAL OR ACCESSORY USES. TOWERS , UNLESS SPECIFICALLY ACCESSORY TO THE USE OF A PROPERTY , SHALL BE CONSIDERED A PRINCIPAL USE OF PROPERTY . A DIFFERENT EXISTING t:SE OR AN EXISTING STRUCTURE ON THE SAME LOT SHALL NOT PRECLUDE THE INSTALLATION OF AN ANTENNA ON St.:CH LOT . WHERE A NEW "' - • . • • r ,.,,., I ,,,_ • • '· • LOT OR LEASEHOLD PARCEL HAS BEEN CREATED FROM A LARGER PARCEL, FOR PURPOSES OF DETERMINING WHETHER THE INSTALLATION OF A TOWER OR ANTENNA COMPLIES WITH DISTRICT DEVELOPMENT REGULATIONS, INCLUDING BUT NOT LIMITED TO SETBACK REQUIREMENTS, LOT COVERAGE REQUIREMENTS, AND OTHER SUCH REQUIREMENTS, THE DIMENSIONS OF THE LARGER LOT FROM WHICH THE NEW LOT WAS CREATED SHALL CONTROL. TOWERS THAT ARE CONSTRUCTED, AND ANTENNAE THAT ARE INSTALLED IN ACCORDANCE WITH THE PROVISIONS OF THIS SECTION SHALL NOT BE DEEMED TO CONSTITUTE THE EXPANSION OF A NON-CONFORMING USE OR STRUCTURE . 2. AESTHETICS; LIGHTING . THE GUIDELINES SET FORTH IN THIS SUBSECTION 2 SHALL GOVERN THE LOCATION OF ALL TOWERS , AND THE INSTALLATION OF ALL ANTENNAE , GOVERNED BY THIS SECTION. WHERE OPTIONS FOR AESTHETIC TREATMENT ARE PROVIDED, THE CITY SHALL DIRECT WHICH OPTION IS TO BE UTILIZED. a . TOWERS SHALL EITHER MAINTAIN A GALVANIZED STEEL FINISH , OR SUBJECT TO ANY APPLICABLE FAA STANDARDS, BE PAINTED A NEUTRAL COLOR SO AS TO REDUCE VISUAL OBTRUSIVENESS. b . AT A TOWER SITE, THE DESIGN OF THE BUILDINGS AND RELATED TELECOMMUNICATION FACILITIES SHALL, TO THE EXTENT POSSIBLE , USE MATERIALS , COLORS , TEXTURES, SCREENING, AND LANDSCAPING THAT WILL BLEND THE TELECOMMUNICATIONS FACILITIES TO THE NATURAL SETTING AND BUILT ENVIRONMENT. C. ALL APPLICANTS UNDER THIS SECTION SHALL COMPLY WITH THE LANDSCAPING STANDARDS FOUND IN E .M.C . TITLE 16 . d . IF AN ANTENNA IS INSTALLED ON A STRUCTURE OTHER THAN A TOWER, THE ANTENNA AND SUPPORTING TELECOMMUNICATIONS FACILITIES MUST BE OF A NEUTRAL COLOR THAT IS IDENTICAL TO , OR CLOSELY COMPATIBLE WITH , THE COLOR OF THE SUPPORTING STRUCTURE SO AS TO MAKE THE ANTENNA AND RELATED FACILITIES AS VISUALLY UNOBTRUSIVE AS POSSIBLE . e . TOWERS SHALL NOT BE ARTIFICIALLY LIGHTED, U NLESS REQUIRED BY THE FAA OR OTHER APPLICABLE AUTHORITY . IF LIGHTING IS REQUIRED, THE CITY MAY REVIEW ANY AVAILABLE LIGHTING ALTERNATIVES AND APPROVE THE DESIGN THAT WOULD CAUSE THE LEAST DISTURBANCE TO THE SURROUNDING VIEWS . LIGHTING MUST BE SHIELDED OR DIRECTED TO THE GREATEST EXTENT POSSIBLE SO AS TO MINIMIZE THE AMOUNT OF LIGHT THAT FALLS ONTO PUBLIC RIGHTS-OF-WAY OR NEARBY PROPERTIES, PARTICULARLY RESIDENCES . ' . .. I ,.,. • ' I • 0 ]- • • • • 0 : . . • ' f . NO PORTION OF ANY ANTENNA ARRAY MAY EXTEND BEYOND THE PROPERTY LINE . g . ANCILLARY TELECOMMUNICATIONS FACILITIES SHALL BE NO TALLER THAN THE MAXIMUM HEIGHT IN THE ZONING DISTRICT WHERE THE FACILITIES ARE LOCATED AND SHALL BE COMPATIBLE WITH THE SURROUNDING AREA . h . ANCILLARY TELECOMMUNICATIONS FACILITIES IN AREAS OF HIGH VISIBILITY SHALL, WHERE POSSIBLE , BE SITED EITHER BELOW THE RIDGELINE, AMIDST GROUPS OF TREES , OR DESIGNED (I .E., PLACED UNDERGROUND , DEPRESSED, OR LOCATED BEHIND EARTH BERMS OR OTHERWISE EFFECTIVELY SCREENED) TO MINIMIZE THEIR PROFILE . i . AS PART OF THE CONDITIONAL USE APPLICATION PROCESS DESCRIBED IN SUBSECTION K, THE CITY MAY REQUIRE A SPECIAL DESIGN OF ANY TELECOMMUNICATIONS FACILITY WHERE FINDINGS OF PARTICULAR SENSITIVITY ARE MADE . 3 . FEDERAL REQUIREMENTS . ALL TELECOMMUNICATION FACILITIES MUST MEET OR EXCEED THE CURRENT STANDARDS AND REGULATIONS OF THE FAA , THE FCC, AND ANY OTHER AGENCY OF THE FEDERAL GOVERNMENT WITH THE AUTHORITY TO REGULATE TELECOMMUNICATION FACILITIES . IF SUCH STANDARDS AND REGULATIONS ARE CHANGED, THEN THE OWNERS OF THE TELECOMMUNICATION FACILITIES GOVERNED BY THIS SECTION SHALL BRING SUCH TELECOMMUNICATION FACILITIES INTO COMPLIANCE WITH SUCH REVISED STANDARDS AND REGULATIONS WITHIN THE TIME FRAME MANDATED BY THE CONTROLLING FEDERAL AGENCY . FAILURE TO BRING TELECOMMUNICATION FACILITIES INTO COMPLIANCE WITH SUCH REVISED STANDARDS AND REGULATIONS SHALL CONSTITUTE GROUNDS FOR THE REMOVAL OF THE TELECOMMUNICATION FACILITIES AT THE OWNER'S EXPENSE . 4 . BUILDING CODES ; SAFETY STANDARDS. TO ENSURE THE STRUCTURAL INTEGRITY OF TOWERS , THE OWNER OF A TOWER SHALL ENSURE THAT IT IS MAINTAINED IN COMPLIANCE WITH STANDARDS CONTAINED 1:-.l APPLICABLE LOCAL BUILDING CODES ; THE APPLICABLE STANDARDS FOR TOWERS THAT ARE P UBLISHED BY THE ELECTRONIC INDUSTRIES ASSOCIATION , AS AMENDED FROM TIME TO Tl~lE ; AND ALL APPLICABLE CODES ADOPTED BY THE CITY . a . I ADDITION TO ANY OTHER APPLICABLE STANDARDS AND REQ IREMENTS, THE FOLLOWING SHALL APPLY TO ALL TOWERS AND TELECOMM UNICATIONS FACILITIES: "' - • . ... , •· • 0 , • • • '· i . SUFFICIENT ANTI-CLIMBING MEASURES MUST BE INCORPORATED INTO EACH FACILITY TO REDUCE POTENTIAL FOR TRESPASS AND INJURY. BY WAY OF EXAMPLE, AND NOT OF LIMITATION, SECURITY FENCING PURSUANT TO SUBSECTION K(6), TOGETHER WITH A LACK OF PEGS ON THE BOTTOM PORTION OF THE TOWER, SHALL BE CONSIDERED SUFFICIENT ANTI-CLIMBING MEASURES. ii. NO GUY WIRES EMPLOYED MAY BE ANCHORED WITHIN THE AREA IN FRONT OF ANY PRIMARY STRUCTURE ON A PARCEL. iii. AT LEAST TEN FEET OF HORIZONTAL CLEARANCE MUST EXIST BETWEEN ANY ANTENNAE AND ANY POWER LINES, UNLESS MORE CLEARANCE IS REQUIRED TO MEET COLORADO PUBLIC UTILITIES COMMISSION STANDARDS. iv . ALL TELECOMMUNICATIONS FACILITIES MUST BE DESIGNED AND/OR SITED SO THAT THEY DO NOT POSE A POTENTIAL HAZARD TO NEARBY RESIDENCES OR SURROUNDING PROPERTIES OR IMPROVEMENTS . ANY TOWER SHALL BE DESIGNED AND MAINTAINED TO WITHSTAND, WITHOUT FAILURE , THE MAXIMUM FORCES EXPECTED FROM WIND, TORNADOES, HURRICANES, AND OTHER NATURAL OCCURRENCES, WHEN THE TOWER IS FULLY LOADED WITH ANTENNAE, TRANSMITTERS, AND OTHER TELECOMMUNICATIONS FACILITIES, AND CAMOUFLAGING; OR, IN THE CASE OF PRE-EXISTING TOWERS, WHEN THE TOWER IS LOADED WITH THE ANTENNAE, TRANSMITTERS, AND/OR OTHER TELECOMMUNICATIONS FACILITIES AT THE TIME OF PASSAGE OF THIS SECTION. INITIAL DEMONSTRA110N OF COMPLIANCE WITH THIS REQUIREMENT SHALL BE PROVIDED VIA SUBMISSION OF A REPORT TO THE MANAGER PREPARED BY A STRUCTURAL ENGINEER, LICENSED IN THE STATE OF COLORADO, DESCRIBING THE TOWER STRUCTURE, SPECIFYING THE NUMBER A.'llD TYPE OF ANTENNAE IT IS DESIGNED TO ACCOMMODATE , PROVIDING THE BASIS FOR THE CALCULATIO~S DONE, AND DOC UMENTING THE ACTUAL CALCULA110NS PERFORMED. PROOF OF ONGOING COMPLIANCE SHALL BE PROVIDED PURSUA:,JT TO ANY APPLICABLE CODES. b . IF, UPON INSPECTION, THE CITY CONCLU DES THAT A TELECOMMUNICATIONS FACILITY FAILS TO COMPLY WITH SUCH CODES AND STANDARDS AND CONSTITUTES A DANGER TO PERSONS OR PROPERTY, THEN UPON NOTICE BEING PROVIDED TO THE OWNER OF A TELECOMMUNICA110NS FACILITY. THE OWNER SHALL • . .. • • 0 , I -• • , . . • ' HA VE THIRTY (30) DAYS TO BRING SUCH TELECOMMUNICATIONS FACILITY INTO COMPLIANCE WITH SUCH STANDARDS. IF THE OWNER FAILS TO BRING SUCH TELECOMMUNICATIONS FACILITY INTO COMPLIANCE WITHIN SAID THIRTY (30) DAYS , THE CITY MAY REMOVE SUCH TELECOMMUNICATIONS FACILITY AT THE OWNER'S EXPENSE . 5. RADIO FREQUENCY STANDARDS . ALL APPLICANTS SHALL COMPLY WITH FEDERAL STANDARDS FOR RADIO FREQUENCY EMISSIONS. AT THE TIME OF PERMIT APPLICATION, THE APPLICANT SHALL SUBMIT A PROJECT IMPLEMENTATION REPORT WHICH PROVIDES CUMULATIVE FIELD PREDICTIONS OF RADIO FREQUENCY EMISSIONS OF ALL ANTENNAE TO BE INITIALLY INSTALLED AT THE SUBJECT SITE. AND WHICH COMPARES THE RESULTS WITH ESTABLISHED FEDERAL STANDARDS. IN RESPONSE TO ANY WRITTEN COMPLAINT REGARDING RADIO FREQUENCY EMISSIONS, THE OPERATOR OF A TELECOMMUNICATIONS FACILITY SHALL, WITHIN A REASONABLE PERIOD OF TIME AFTER RECEIVING NOTICE OF THE WRITTEN COMPLAINT, SUBMIT A REPORT TO THE CITY INDICATING WHETHER ALL RADIO FREQUENCY EMISSIONS GENERATED BY THAT ENTITY'S TELECOMMUNICATIONS FACILITIES ARE WITHIN FEDERAL STANDARDS . IF, IN RESPONSE TO SUCH WRITTEN COMPLAINT, IT IS DETERMINED THAT THE EMISSIONS FROM THE FACILITY ARE WITHIN ALLOWABLE FEDERAL STANDARDS, THE ENTITY PROVIDING THE REPORT SHALL NOT BE REQUIRED TO MAKE A SIMILAR RESPONSE TO FURTHER WRITTEN COMPLAINT FOR A PERIOD OF AT LEAST ONE YEAR FROM THE DATE OF THE PRIOR COMPLAINT. IF THE REPORT INDICATES THAT EMISSIONS EXCEED FEDERAL STANDARDS , THE CITY MAY REQUIRE CORRECTIVE ACTION WITHIN A REASONABLE PERIOD OF TIME , AND IF NOT CORRECTED, MAY REQUIRE REMOVAL OF THE TELECOMMUNICATIONS FACILlTIES PURSUANT TO SUBSECTION L OF THIS SECTION. ANY REASONABLE COSTS INCURRED BY THE CITY , INCLUDING REASONABLE CONSULTING COSTS TO VERIFY COMPLIANCE WITH THESE REQUIREMENTS , SHALL BE PAID BY THE APPLICANT . 6 . SIGNAL INTERFERENCE . ALL TOWERS , ANTENNAE AND TELECOMMUNICATIONS FACILlTIES MUST BE DESIGNED AND/OR SITED SO AS NOT TO CAUSE INTERFERENCE WITH THE NORMAL OPERATION OF RADIO . TELEVISION , TELEPHONE AND OTHER TELECOMM UNI CATIONS SERVICES UTILIZED BY ADJACENT RESIDENTIAL AND NON -RESIDENTIAL PROPERTIES ; NOR SHALL ANY S UCH FACILITIES INTERFERE WITH A.'IY P UBLIC SAFETY TELECOMMU NICATIONS . 7 . MODIFICATION . EXISTING ANTENNAE ON AN APPROVED TELECOMM UNICATIONS FACIUTY MAY BE MODIFIED, AND THE POWER OUTPUT OF EXISTING ANTENNAE ON AN APPROVED FA C ILITY MAY BE INCREASED. PROVIDED THE STANDARDS AND PROC EDURES OUTLINED IN ANSI STANDARD AND C-96 . l OR ANY "'~ . ' • •· • 0 ,-- r, '"" ~ , ]- • • - AMENDMENTS OR REVISIONS THERETO , OST BULLETIN NO . 65 AND ELECTRONICS INDUSTRIES ASSOCIATIONS EIA-RS 222(E) OR THE LA TEST REVISION OR AMENDMENT THEREOF; OR SUCH CURRENT STANDARDS AS MAY BE APPROVED BY THE F .C.C . ARE COMPLIED WITH . a . THE MANAGER SHALL BE NOTIFIED WITHIN FOURTEEN {14) DAYS OF ANY CHANGE IN OR ADDITION OF ANTENNAE WHOSE POWER OUTPUT EXCEEDS 100 WATTS E .R.P. OF RADIO FREQUENCY POWER OUTPUT. THE CITY MAY REQUEST COPIES OF PLANS DEPICTING SUCH MODIFICATION AND OTHER EVIDENCE NECESSARY TO DEMONSTRATE THAT SUCH MODIFICATIONS ARE IN COMPLIANCE WITH THE PROVISIONS OF THIS SECTION, AND A PERMITTED USE APPROVAL. A SUBSEQUENT FIELD REPORT, PREPARED BY A QUALIFIED RADIO FREQUENCY ENGINEER, QUANTIFYING A PROJECTS RADIO FREQUENCY EMISSIONS AND EXPOSURES, AND COMPARING THEM TO ADOPTED FEDERAL STANDARDS, MAY BE REQUESTED BY THE CITY UPON PROJECT INSTALLATION . b . THE MANAGER MUST BE NOTIFIED AT LEAST THIRTY (30) DAYS PRIOR TO ANY MODIFICATION WHICH INCREASES THE WIND OR WEIGHT LOADING CAPACITY , HEIGHT OR FOOTPRINT OF A TOWER, AND MAY REQUEST COPIES OF PLANS WHICH DEPICT SUCH MODIFICATIONS AND INDICATE COMPLIANCE WITH THE PROVISIONS OF THIS SECTION, AND WITH THE PERMITTED USE APPROVAL. DEPENDING UPON THE NATURE OF THE MODIFICATIONS , SUCH MODIFICATIONS MAY REQUIRE CONDITIONAL USE APPROVAL PURSUANT TO SUBSECTION K OF THIS SECTION. 8. PROHIBITED USE . ADVERTISING OR COMMUNICATION OF ANY VISUAL MESSAGES FROM A TOWER OR ANTENNA IS PROHIBITED, WITH THE EXCEPTION OF SAFETY RELATED MESSAGES. H. BUILDING PERMITS . TOWERS , ANTENNAE AND TELECOMMUNICATIONS FACILITIES ARE CONSIDERED STRUCTURES . REQUIRING ISSUANCE OF A BUILDING PERMIT DESCRIBED IN E .M.C. TITLE 8 . !'.'II CONNECTION WITH THE ISSUANCE OF A PERMIT FOR A TOWER, ANTENNA OR TELECOMMUNICATIONS FACILITY, AND IN ORDER TO PROVIDE THE CITY WITH ACCURATE AND CURRENT INFORMATION CONCERNING ENTITIES THAT OWN OR OPERATE TELECOMM U NICATIONS FACILITIES WITHIN THE CITY: TO ASSIST THE CITY IN ENFORCEMENT OF THIS SECTION: TO ASSIST THE CITY IN THE COLLECTION AND ENFORCEMENT OF ANY LICENSED FEES OR CHARGES THAT MAY BE DUE THE CITY ; AND TO ASSIST THE CITY IN MONITORING COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS , THE APPLICANT SHALL, PRIOR TO A PERMIT BEING ISSUED , S BMIT THE APPLICATION INFORMATION DESCRIBED IN SUBSECTION D TO THE CITY MANAGER . • . .. •· • 0 , ') I • ]-• 0 • I. PERMITIED USES .. GENERAL. THE USES LISTED IN SUBSECTION J ARE DEEMED TO BE PERMITTED USES AND SHALL NOT REQUIRE A CONDITIONAL USE PERMIT. NEVERTHELESS , ALL SUCH USES SHALL COMPLY WITH THIS SECTION AND ALL OTHER APPLICABLE ORDINANCES . SEE FIGURE 1 AND PERMITTED USES IN SPECIFIC ZONE DISTRICTS FOR ADDITIONAL REGULATIONS. J . SPECIFIC PERMITIED USES. 1. LOCATING A TOWER OR ANTENNA, INCLUDING THE PLACEMENT OF ANCILLARY TELECOMMUNICATIONS FACILITIES USED IN CONNECTION WITH SAID TOWER OR ANTENNA IS PERMITTED ON CITY OWNED PROPERTY IN ANY ZONING .. DISTRICT SO LONG AS ALL OTHER REQUIREMENTS OF THE ZONING DISTRICT ARE MET. 2 . INSTALLING AN ANTENNA ON AN EXISTING TOWER INCLUDING THE PLACEMENT OF ANCILLARY TELECOMMUNICATIONS FACILITIES, SO LONG AS SAID ADDITIONAL ANTENNA ADDS NO ADDITIONAL HEIGHT TO SAID EXISTING TOWER, DOES NOT PROJECT OUTWARD A DISTANCE OF MORE THAN FOURTEEN (14) FEET, AND IS CONSISTENT WITH ANY APPLICABLE CONDITIONS OF APPROVAL FOR THAT SITE , WHICH PREVIOUSLY HAVE BEEN IMPOSED BY THE CITY . 3 . INSTALLING AN ANTENNA ON AN EXISTING ALTERNATIVE TOWER STRUCTURE, INCLUDING THE PLACEMENT OF ANCILLARY TELECOMMUNICATIONS FACILITIES. SO LONG AS SAID ADDITIONAL ANTENNA ADDS NO MORE THAN FIFTEEN (15) FEET OF ADDITIONAL HEIGHT TO SAID EXISTING STRUCTURE, DOES NOT PROJECT OUTWARD A DISTANCE OF MORE THAN FOURTEEN (14) FEET, AND IS CONSISTENT WITH ANY APPLICABLE CONDITIONS OF APPROVAL FOR THAT SITE , WHICH PREVIOUSLY HA VE BEEN IMPOSED BY THE CITY; PROVIDED, HOWEVER. THAT IF THE INSTALLATION OF AN ANTENNA OR ANY OTHER ANCILLARY TELECOMMUNICATIONS FACILITIES ON TOP OF AN EXISTING STRUCTURE CAUSES AN INCREASE IN THE MAXIMUM HEIGHT LIMITATION WITHIN THE ZONING DISTRICT IN WHICH THE STRUCTURE IS LOCATED , SUCH USE SHALL STILL BE CONSIDERED A SPECIFIC PERMITTED USE SO LONG AS THE ANCILLARY FACILITIES ADD NO MORE THAN FIFTEEN (15) ADDITIONAL FEET TO THE HEIGHT OF THE STRUCTURE AND ARE ADEQUATELY SCREENED TO THE SATISFACTION OF THE MANAGER. 4 . LO CATING A TOWER IN ALL ZONING DISTRICTS OTHER THAN RESIDENTIAL AND BUSINESS, SO LONG AS ALL OTHER "' REQUIREMENTS OF THE ZONING DISTRICT, FIGURE 1, SECTION I K (5), (REGARDING SETBACKS AND SEPARATION ,) ARE MET. • • 5 . LOCATING AN ALTERNATIVE TOWER STRUCTURE IN ALL ZONING DISTRICTS . SO LONG AS ALL OTHER REQUIREMENTS OF THE ZONING DISTRICT, FIGURE 1, AND SUBSECTION J ARE MET . 0 f -• • t• • ' K . CONDITIONAL USE PERMITS. 1. GENERAL. THE FOLLOWING PROVISIONS SHALL GOVERN THE ISSUANCE OF CONDITIONAL USE PERMITS FOR TELECOMMUNICATION FACILITIES AND ARE IN ADDITION TO THE GENERAL PROVISIONS REGARDING CONDITIONAL USES IN E .M .C. TITLE 16 : a . IF THE TELECOMMUNICATION FACILITY IS NOT A PERMITTED USE UNDER SUBSECTION I . PERMITTED USES - GENERAL. OF THIS SECTION, THEN A CONDITIONAL USE PERMIT GRANTED PURSUANT TO THE PROCEDURES SET FORTH IN E .M.C . 16-5-21 , CONDITIONAL USES, AND THE PROVISIONS OF THIS SECTION, SHALL BE REQUIRED FOR THE CONSTRUCTION OF A TOWER OR THE PLACEMENT OF ANTENNAE . b . IN GRANTING A CONDITIONAL USE PERMIT. THE CITY MAY IMPOSE CONDITIONS TO THE EXTENT IT CONCLUDES SUCH CONDITIONS ARE NECESSARY TO MINIMIZE ANY ADVERSE EFFECT OF THE PROPOSED TELECOMMUNICATION FACILITY ON ADJOINING PROPERTIES. c. ANY INFORMATION OF AN ENGINEERING NATURE THAT THE APPLICANT SUBMITS, WHETHER CIVIL, MECHANICAL . STRUCTURAL, OR ELECTRICAL, SHALL BE CERTIFIED BY A COLORADO REGISTERED PROFESSIONAL ENGINEER. ANY INFORMATION SUBMITTED RELATING TO RADIO FREQUENCY EMISSIONS SHALL BE CERTIFIED BY A QUALIFIED RADIO FREQUENCY ENGINEER. d . AT LEAST FIFTEEN (15) DAYS PRIOR TO THE FIRST PUBLIC HEARING ON ANY REQUEST FOR A CONDITIONAL USE PERMIT PURSUANT TO THIS SECTION, THE APPLICAi.'ff SHALL PROVIDE NOTICE, IN WRITING . TO ALL PROPERTY OWNERS WITHIN FlVE HUNDRED (500) FEET OF THE PROPERTY BOUNDARY OF THE SITE UPON WHICH THE TOWER OR ANTENNA(E) ARE PROPOSED TO BE LOCATED . 2 . INFORMATION REQUIRED . EACH APPLICANT REQUESTING A CONDITIONAL USE PERMIT UNDER THIS SECTION SHALL. IN ADDITION TO THE INFORMATION REQUIRED BY SECTION D. SUBMIT ALL INFORMATION REQUIRED IN E .M.C . 16-5-21 , CONDITIONAL USES , AND OTHER INFORMATION DEEMED BY THE MANAGER TO BE NECESSARY TO ASSESS COMPLIANCE WITH THIS SECTION . 3 . FACTORS CONSIDERED IN GRANTING CONDITIONAL USE PERMITS FOR TOWERS AND ANTENNAE . IN ADDITION TO THE CRITERIA SET FORTH IN E .M .C . 16-5-21 , CONDITIONAL US ES, THE C ITY SHALL CONSIDER THE FOLLOWING FACTORS IN DETERMINING WHETHER TO ISSUE A CONDITIONAL USE PERMIT : ,, - • •· • 0 - • • • t• • ' a . HEIGHT OF THE PROPOSED TOWER OR HEIGHT OF PROPOSED ANTENNAE ON A TOWER OR ALTERNATIVE TOWER STRUCTURE; b . PROXIMITY OF THE TOWER TO RESIDENTIAL STRUCTURES AND RESIDENTIAL DISTRICT BOUNDARIES ; c. NATURE OF USES ON ADJACENT AND NEARBY PROPERTIES; d . SURROUNDING TOPOGRAPHY; e . SURROUNDING TREE COVERAGE AND FOLIAGE ; f. DESIGN OF THE TOWER, WITH PARTICULAR REFERENCE TO DESIGN CHARACTERISTICS THAT HAVE THE EFFECT OF REDUCING OR ELIMINATING VISUAL OBTRUSIVENESS; g . PROPOSED INGRESS AND EGRESS ; h. AN EVALUATION OF THE APPLICANT'S PLANS FOR DEVELOPMENT OF ITS TELECOMMUNICATIONS FACILITIES ON THE SITE WHICH IS THE SUBJECT OF THE APPLICATION, AS WELL AS THOSE PLANS ON FILE FROM OTHER TELECOMMUNICATIONS PROVIDERS ; i . AN EVALUATION OF THE CRITERIA SET FORTH IN SUBSECTIONS D (APPLICATION) AND G (GENERAL GUIDELINES AND REQUIREMENTS) ABOVE ; j . AVAILABILITY OF SUITABLE EXISTING TOWERS AND OTHER STRUCTURES AS DISCUSSED IN SUBSECTION 0(3) OF THIS SECTION. k . ANY OTHER INFORMATION THAT THE CITY DEEMS REASONABLY NECESSARY IN CONNECTION WITH THE REVIEW OF THE APPLICATION . 4 . AVAILABILITY OF SUITABLE EXISTING TOWERS OR OTHER STRUCTURES. NO NEW TOWERS SHALL BE PERMITTED UNLESS THE APPLICANT DEMONSTRATES TO THE REASONABLE SATISFACTION OF THE CITY THAT NO EXISTING TOWER OR STRUCTURE CAN ACCOMMODATE THE APPLICANTS NEEDS. EVIDENCE SUBMITTED TO DEMONSTRATE THAT NO EXISTING TOWER OR STRUCTURE CAN ACCOMMODATE THE APPLICANTS PROPOSED ANTENNA MAY CONSIST OF THE FOLLOWING: a . NO EXISTING TOWERS OR STRUCTURES ARE LOCATED WITHIN THE GEOGRAPHIC AREA REQUIRED TO MEET THE APPLICANT'S ENGINEERING REQUIREMENTS . b . EXISTING TOWERS OR STRUCTURES ARE NOT OF SUFFICIENT HEIGHT TO MEET THE APPLICANTS ENGINEERING REQUIREMENTS. ---------- ,, - .. .,,; •· • 0 l -• ]- • - '· c. EXISTING TOWERS OR STRUCTURES DO NOT HA VE SUFFICIENT STRUCTURAL STRENGTH TO SUPPORT APPLICANT'S PROPOSED ANTENNAE AND RELATED EQUIPMENT. d . THE APPLICANT'S PROPOSED ANTENNAE WOULD CAUSE ELECTROMAGNETIC INTERFERENCE WITH THE ANTENNAE ON THE EXISTING TOWERS OR STRUCTURES, OR THE ANTENNAE ON THE EXISTING TOWERS OR STRUCTURES WOULD CAUSE INTERFERENCE WITH THE APPLICANT'S PROPOSED ANTENNAE . e . THE APPLICANT DEMONSTRATES THAT THERE ARE OTHER LIMITING FACTORS THAT RENDER EXISTING TOWERS AND STRUCTURES UNSUITABLE . 5. SETBACKS AND SEPARATION. THE FOLLOWING MINIMUM SETBACKS AND SEPARATION REQUIREMENTS SHALL APPLY TO ALL TOWERS AND ANTENNAE FOR WHICH A CONDITIONAL USE PERMIT IS REQUIRED . a . TOWERS MUST BE SET BACK A DISTANCE EQUAL TO THE HEIGHT OF THE TOWER FROM ANY RESIDENTIAL ZONED PROPERTY, OR FROM ANY RESIDENTIAL STRUCTURE IN ANY ZONING DISTRICT. b . THE TOWERS, GUYS, AND TELECOMMUNICATIONS FACILITIES MUST SATISFY THE MINIMUM ZONING DISTRICT SETBACK REQUIREMENTS, OR BE SET BACK A DISTANCE OF AT LEAST FIFTY PERCENT (50%) OF THE HEIGHT OF THE TOWER, WHICHEVER IS GREATER. c. TOWERS OVER SIXTY (60) FEET IN HEIGHT SHALL NOT BE LOCATED WITHIN ONE-QUARTER MILE FROM ANY EXISTING TOWER THAT IS OVER SEVENTY-FIVE (75) FEET IN HEIGHT, UNLESS THE APPLICANT HAS SHOWN TO THE SATISFACTION OF THE CITY THAT THERE ARE NO REASONABLY SUITABLE ALTERNATIVE SITES IN THE REQUIRED GEOGRAPHIC AREA WHICH CAN MEET THE APPLICANT'S NEEDS. 6 . SECURITY FENCING . TOWERS OTHER THAN ALTERNATIVE TOWER STRUCTURES MAY BE ENCLOSED BY SECURITY FENCING, OF A TYPE APPROVED BY THE CITY , NOT LESS THAN SIX FEET (6') IN HEIGHT AND SHALL BE EQUIPPED WITH AN APPROPRIATE ANTI-CLIMBING DEVICE . 7 . LANDSCAPING. THE FOLLOWING REQUIREMENTS SHALL GOVERN THE LANDSCAPING SURROUNDING TOWERS FOR WHICH A CONDITIONAL USE PERMIT IS REQUIRED. a . TOWER AND ANCILLARY TELECOMMUNICATIONS FACILITIES SHALL BE LANDSCAPED WITH A BUFFER OF PLANT MATERIALS THAT EFFECTIVELY SCREENS THE VIEW OF THE COMPOUND FROM ADJACENT PROPERTY, AND IN .. .i •· • 0 ]- - • • t• • (. ... ACCORDANCE WITH THE LANDSCAPING STANDARDS IN E .M.C. 16-5-26 . b . EXISTING MATURE TREE GROWTH AND NATURAL LAND FORMS ON THE SITE SHALL BE PRESERVED TO THE MAXIMUM EXTENT POSSIBLE. IN SOME CASES, SUCH AS TOWERS SITED ON LARGE, WOODED LOTS, NATURAL GROWTH AROUND THE PERIMETER MAY BE SUFFICIENT TO BUFFER. 8 . DECISION. THE DECISION ON WHETHER TO APPROVE OR DENY AN APPLICATION FOR A CONDITIONAL USE PERMIT, SHALL BE IN WRITING, BASED UPON SUBSTANTIAL EVIDENCE PRESENTED AT A PUBLIC HEARING . L . REMOVAL OF ABANDONED ANTENNAE, TOWERS AND OTHER TELECOMMUNICATIONS FACILITIES. ANY ANTENNA OR TOWER THAT IS NOT OPERATED FOR A CONTINUOUS PERIOD OF SIX MONTHS SHALL BE CONSIDERED ABANDONED. THE CITY, IN ITS SOLE DISCRETION, MAY REQUIRE AN ABANDONED TOWER, ANTENNA OR ANY OTHER ANCILLARY TELECOMMUNICATIONS FACILITIES TO BE REMOVED. THE OWNER OF SUCH ANTENNA, TOWER OR ANY OTHER ANCILLARY TELECOMMUNICATIONS FACILITIES SHALL REMOVE THE SAME WITHIN NINETY (90) DAYS OF RECEIPT OF NOTICE FROM THE CITY NOTIFYING THE OWNER OF SUCH ABANDONMENT. UPON REMOVAL THE SITE SHALL BE RESTORED AND/OR REVEGETATED TO BLEND WITH THE SURROUNDING ENVIRONMENT. IF SUCH ANTENNA, TOWER OR ANCILLARY TELECOMMUNICATIONS FACILITIES ARE NOT REMOVED WITHIN SAID NINETY (90) DAYS, THE CITY MAY REMOVE AND DISPOSE OF THE SAME AT THE OWNER'S EXPENSE. IF THERE ARE TWO OR MORE USERS OF A SINGLE TOWER. THEN THIS PROVISION SHALL NOT BECOME EFFECTIVE UNTIL ALL USERS CEASE USING THE TOWER. • .. • • 0 , I ~ FIGURE l TELECOMMUNICATIONS FACILITIES ZONING LAND USE ZONE DISTRICTS CATEGORIES cu PU STRUCTURES Alternative Tower Structure Tower Structure ANTENNAE Microwave Antenna Sectorized Panel Antenna Whip Antenna Conditional Uee Permitted Uee • • • R-1-A R-1-B R-1-C PU PU PU cu cu cu PU PU PU PU PU PU PU PU PU R-2 PU cu PU PU PU "-' '-' I R-2-C R-3 R-4 B-1 B-2 1-1 1-2 PU PU PU PU PU PU PU ,• cu cu cu cu cu PU PU r I . • PU PU PU PU PU PU PU PU PU PU PU PU PU PU ~ PU PU PU PU PU PU PU 'll , ]- ]- • • • Sectjon 2. The City Council of the City of Englewood, Colorado hereby approves amending Title 16 , of the Englewood Municipal Code 1985, by moving Title 16, Chapter 4 , Section 21 , entitled Satellite Dish Antennae, to Title 16, Chapter 5, Section 30, which shall read as follows : ~:16-6-30 : SATELLITE DISH ANTENNAE : A. Statement of Intent. The purpose of this Section is to set standards for the use of satellite receive-only earth stations in order to safeguard the health, safety and enjoyment of all the citizens of Englewood. The City Planning and Zoning Commission and the City Council recognize that residents of the City may wish to add to their television viewing pleasure by installing satellite dishes to improve reception or increase the number of choices available . It is the intent of this Section to facilitate the use of satellite dishes for those citizens who wish to enhance their television viewing and also to protect the health, safety and aesthetic objectives of all who live and/or work in Englewood. B. Applicability of 9Plli11a11ee Standards. l. These regulations shall apply to any installation of satellite receive-only earth stations in the following districts: 2 . a . Residential districts: R-1-A. R-1-B , R-1-C , R-2 , R-2-C, R-2-C/S .P.S, R-3 and R-4 . b . Commercial districts: B-1 and B-2 . c . Industrial districts: 1-1 and 1-2 . When a satellite dish, which was installed prior to the adoption of this Qra.11ee SECTION and not in conformance with this 9Pt · e SECTION, is chanpd or exchanced for another d.iah , the new mount shall comply with the regulations of thi• Section. C . Installation Requirementa . l. All Distncts. a . ACCESSORY USE Permits ahall be aecured for all satellite dishes and proper inspections secured during installation. b . Any roof-mounted satellite diah ahall have an engmeer's certificate, venfymg that the roof-mounting ia atructurally aound and stable. c. Satellite dish ANTENNAE shall be of a color harmonious with the s urrounding&. There shall be no advertiaing in words or in pictures, other than the manufacturer's name in amall lettera. d . Satellite receive-only earth atationa, referred to aa "satellite dishes", shall be considered aa acceuory 1tructure1. ,,,_ I· • 0 --I ]- • • I~ • . , (, 2. Individual districts . a . R-1-A, R-1-8, R-1-C, R-2 , R-2-C , R-2-C/S .P.S . (1) Satellite dishes shall not be mounted in front yards . (2) Satellite dishes shall be mounted behind the front building line of the principal conforming structure. If the adjoining property has a conforming principal structure located behind that building line , the dish shall be mounted in back of the front building line of the adjoining property. (3) The height of a free-standing ground-mounted satellite dish shall be limited to ten feet (10') at the top of the pole . (4) The dish shall be mounted no closer to the property line than the setback requirements for acceBBOry structures in the zone district in which the property is located. (5) Satellite dishes shall not be mounted on the roof of the residential structure. (6) When a ground-mounted satellite dish must be elevated over a building for access to the transmitting satellite, the pole shall be attached to the structure and the dish height shall be the minimum necessary, as determined by the Chief Building Inspector. b . R-3 , R-4 . (1) Satellite dishes shall not be mounted forward of the front building line. (2) Satellite dishea may be mounted on roofs on residential buildings of more than four ( 4) units only or on other non-residential principal permitted uses. (3) Any roof-mounted aatellite dish shall have an engineer's certificate submitted to the Building Department. verifying that the roof mounting is aound and atable. (4) Placement of IJ'Ound-mounted dishea shall meet the aame setback requirements as other permitted acceuory usea , except the height limitation, which is ten feet (10') to the top of the pole . (5) When a ground-mounted aatellite dish must be elevated over a building for acceu to tranamitting aatellitea, the pole shall be attached to the structure, and the dish hei1ht shall be the minimum neceuary as determined by the Chief Buildin1 Inspector. II - • •· • 0 ··-1, ... , ]- • • • . . C. B-2 , B-2 . (1) Satellite dishes shall be mounted on roof tops or in open space. Space for the dish shall not be included in the required landscaped areas . (2) Ground-mounted satellite dishes shall be placed in back of the front building line. (3) Satellite dishes shall not be mounted on any temporary structure or any vehicle, except for siting purposes . (4) Roof-mounted satellite dishes shall have an engineer's certificate submitted to the Building Department. d. 1-2 . 1-2. (1) Ground-mounted satellite diahes shall not be located in the area reserved for landscaping. (2) Satellite dishes shall not be mounted on any temporary structure or any vehicle , except for siting purposes. (3) Any roof-mounted satellite diahes shall have an engineer's certificate. D. Definitions. GROUND-MOUNTS : HARMONIOUS COLOR : SATELLITE DISH : The typical cround-mounted aatellite baa the antenna mounted on a pole which ia at leaat three feet (3') deep in the cround, encaaed in concrete at leut eipt incbea (8") in diameter. The cable to the receiver ia buned in the cround between the antenna and the atructure. The color ia preferably a neutral color: off-white, black, dark peen. or metallic, unleaa the bacqround ia such that one of thoee would not blend with the surrounclinp. The 1atellite receive-only earth 1tation antenna oonaiata of 1) diah antenna which receives communication from aatellitea in orbit; 2) a low-noiae amplifier (lna) at the focal point of the receivinc component; and 3) a coaxial cable to carry the 1icnal to the aatellite receiver, which tranaf'orma the low-frequency aicnal to a televiaion sicnal. . ' • . .. • • 0 r ')I) I • • • '· SATELLITE RECEIVER: ,. The satellite receiver resembles a stereo receiver or amplifier with an array of knobs and controls. It is usually located near the TV set and allows tuning of any of the channels coming from the satellite . Another control rotates the dish to select which satellite at which to aim the antenna . $ectjon 3 . Safety Clausea The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it is promulgated for the health, safety , and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object sought to be obtained. $ectjon 4 . $everabjlity If any clause, sentence, paragraph, or part of this Ordinance or the application thereof to any person or circumstances shall for any reason be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. $ectjon 5 Inronsjst,cnt Onjjnance1 Nothing herein contained shall be deemed a waiver of the provisions of any other Code section or regulation applicable to telecommunications. If there is a conflict between the regulations in this Section and any other Code section or regulations, the more stringent regulations shall apply. $ectjon 6 . EQ'ect of mpcal or modificatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extiJlcuish, alter, modify , or change in whole or in part any penalty, furfeiture , or liability , either civil or criminal, which shall have been incurred under such provision, end each provision shall be treated and bald as still remaininc in force for the purpoeea of •uataininc any and all proper actions, suita, proceedinp, and prosecutions for the enmrcement of the penalty, furfeiture , o-r liability, as well as fer the purpoee of 1ust.aininc any judgment, decree , or order which can or may be rendered, entered, or made in 1uch actions, suita, proceedinp, or prosecutiom. $ectjqn 7. ~-The Penalty Provilion ofE.M.C . Section 1-4-1 shall apply to each and every violabon of this Ordinance. Introduced, read in full, and p818ed on firat reading on the l i t day of June , 1998. . . •, .. • • 0 , ]- - • • • • • i. Published as a Bill for an Ordinance on the 5th day of June , 1998. 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 ia a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the lat day of June, 1998 . Loucriahia A. Ellis .. • • 0 I I ]- • • • . . • COUNCIL COMMUNICATION Date Agendaltem Sublect BHI for an ordinance adding a new Title 5, Chapter 27 (Telec:ornmWlicat June 1, 1998 10 a iv Facilities Licen8e) to the City Code. Initiated By Department of Rnancial SeNices I Slaff Soun:e Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This proposed bill for an ordinance adds a new Tille 5, Chapter 27 (Telecommunication Facllitlefl License) to the City Code. City Council dlscusaed the Telecommunications Ordinance at a study session held April 6, 1998, and is scheduled to adopt Council BIR 29 on June 1, 1998. RECOMMENDED ACTION Staff recommends City Council approve this bill for an ordinance. BACKGROUND, ANALYSIS, AND ALTIRNATIVES IDINTIFIED This is a new licenee cntatecl to help City llaff ldenllfy all the tNICorMlunlcation lites in the City of Englewood. The llcenee fee helps offNI the time and effort City llaff aperld In administering and l9glllaltng lheN facllllles in the City. The llcenN fee la nol bNrl NI M NqUnd by Chapllr 1 of TIiie 5. The l'NOlullorl aelllng fNa la echedllled to go to City Council on June 15, 1911. No llcera fNa have bNrl coleclld In l)NYloua yNrS. UST OF AffACITIENTS Copy of the propoNd bll for an ordnance. • • • 0 , - ORDINANCE NO ._ SERIES OF 1998 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 30 INTRODUCED BY COUNCIL MEMBER~~~~~~ AN ORDINANCE ENACTING A NEW TITLE 5, CHAPTER 27, OF THE ENGLEWOOD MUNICIPAL CODE 1985 ENTITLED TELECOMMUNICATION FACILITIES AND TOWERS . WHEREAS, with the passage of C. B. 29, the Englewood City Council will enact standards and regulations in regard to Telecommunications Antennae and Towers and Satellite Dishs in the City of Englewood ; and WHEREAS , in order to protect the public health and safety of persons and property, this ordinance is considered necessary to ensure that tower11 and antennae are constructed , placted and maintained in a manner consistent with all applicable codes; and WHEREAS , the City does not allow the transfer of this license to another location or person; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , AS FOLLOWS : Se!;tign l. The City Council of the City of Englewood. Colorado enacts a new Title 5 , Chapter 27 , entitled Telecommunication Facilities and Towers , which shall read as follows : CHAPTER 27 TELECOMMUNICATION FACILITIES AND TOWERS SECTION : 5-27-1 : Definitions 5-27 -2 License Required 5-27-3 : Application for License 5-27 -4 : Special Conditions and Restrictions of the License 5-27-1 : DEFINITIONS: FOR THE PURPOSE OF THIS CHAPTER THE FOLLOWING DEFINITIONS SHALL APPLY : "' - .. •· • 0 I TELECOMMUNICATION FACILITY: TOWER: • 0 • ANY FACILITY THAT TRANSMITS AND/OR RECEIVES ELECTROMAGNETIC SIGNALS. IT INCLUDES ANTENNAE.MICROWAVE DISHES, HORNS, AND OTHER TYPES OF EQUIPMENT FOR THE TRANSMISSION OR RECEIPT OF SUCH SIGNALS, TELECOMMUNICATIONS TOWERS OR SIMILAR STRUCTURES SUPPORTING SAID EQUIPMENT. EQUIPMENT BUILDINGS, PARKING AREA. AND OTHER ACCESSORY DEVELOPMENT. ANY STRUCTURE THAT IS DESIGNED AND CONSTRUCTED PRIMARILY FOR THE PURPOSE OF SUPPORTING ONE OR MORE ANTENNAE, INCLUDING SELF- SUPPORTING LATTICE TOWERS , GUY TOWERS , OR MONOPOLE TOWERS . THE TER.Vl INCLUDES RADIO AND TELEVISION TRANSMISSION TOWERS. MICROWAVE TOWERS , COMMON CARRIER TOWERS, CELLULAR AND PERSONAL COMMUNICATIONS SERVICE TELEPHONE TOWERS , MAN-MADE TREES, AND OTHER SIMILAR STRUCTURES. 11-27-2: LICENSE REQUIRED : IT SHALL BE UNLAWFUL FOR A.'IY PERSON TO LOCATE ANY TELECOMMUNICATIONS TOWER OR FACILITY IN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE EXECPT AMATEUR RADIO OR RECEIVE-ONLY ANTENNAE . 11-27-3: APPLICATION FOR LICENSE: THE APPLICATION FOR A TELECOMMUNICATIONS TOWER OR FACILITY LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE S, CHAPTER l. 11-27-4: SPECIAL LICENSE REQUIREMENTS: TELECOMMUNICATIONS TOWER AND FACILITY LICENSE HOLDERS SHALL INFORM THE LICENSING OFFICER OF ANY ADDITIONS TO ANY TOWER OR FACILITY AND PAY ANY APPLICABLE FEES WITHIN THIRTY (30) DAYS OF SUCH ADDITIONS . LICENSE SHALL NOT BE TRANSFERRED TO . .\NY PERSON OR E:,.iTITY WITHOUT THE WRITTEN PERMISSION OF THE CITY . Section 2. License Fee : License fees for this Chapter s hall be determined and set by City Council in accordance with S-1-8 of this Code . Section 3. Safety C)au,ee The City Council, hereby finds , determines, and declares that thia Ordinance ii promulsated under the seneral police power of the City of Enslewood , that it ii promulpted for the health, safety , and welfare of the public, and that tlua Ordinance II neceuary for the preservation of health and ufety 2 ,, - • •· • , • • • • • and for the prot.ection of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation to the proper lqialative object sought to be obtained. Sm;tipp 4. 5cYv,biligy If any clauae, eentence, parqraph, or part of thia Ordinance or the application t.bereof to any penon or c:ircumatancea shall for any reuon be adjudpd by a court of COlllpetent juriacliction invalid, auch judcment ahall not affect impair or invalidate the remainder of this Ordinance or ita application to other penom or~. Sm;tipn 5 lrmrN•nt AntiDIDCII All other Ordinancee or portiona thereof inconaiatent or coatlidiq with this Ordinance or any portion hereof are hereby repealed to the extent of auch i.ncamiatency or comlict. Sed;ion 6 Elfest a{ l"IPCN ax rnadifiC8tiAD The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or chanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which ahall have been incurred under such proviaion. and each provision shall be treated and held aa lltill rem.ainiq in bee for the purpoaea of •uataininc any and all proper ac:tiona, auita, proceedinp, and proaecutiona for the enforcement of the penalty, forfeiture, or liability, aa well aa for the purpose of auataininc any judcment, decree, or order which can or may be rendered, entered, or made in 1uch actiom, 1uit1, proc:eedinp, or pl'OMCUtiona. 5@s;tipp 7. fualtt. The Penalty Provision ofE.M.C. Section l"""l ahall apply to each and every violation of this Ordinance. Introduced, read in full. and p-«i on fint reading on the lat day of June, 1998. Publiahed u a Bill for an Ordinance on the 5th day of June, 1998. TbamuJ. a-. Ma:,or A'M'EST : Louc:riabia A. Ellia, City Clerk I. Loucriahia A. Ellil. City Clerk al the City al bpwood. Colando, benby certify that the above and foratouil ia a true copy of a Bill lar an Otdiaaacl. intnld...cl, read in full, and pUNd on 6nt reading on the lat day al June. 1918 . 3 • I .. • • 0 , • •, OBDINANCE NO._ SERIES OF 1998 '· • • , . • BY AUTHORITY COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS PERTAINING TO THE DEVELOPMENT OF ATHLETIC FIELDS LOCATED AT CLAYTON SCHOOL. WHEREAS, the City of Englewood and the Englewood School District consider it to be in their mutual interest to cooperate in the development of athletic fields at Clayton School; 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 : Sectjop 1. The intergovernmental agreement between Englewood Public Schools and the City of Englewood, Colorado pertaining to the development of athletic fields located at Clayton School, attached as "Exhibit A", is hereby accepted and approved by the Englewood City Council. Sectjop 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 pasaed on fint reading on the 18th day of May, 1998 . Publiahed as a Bill for an Ordinance on the 22nd day of May , 1998. Read by title and passed on final reading on the let day of June , 1998. Published by title as Ordinance No .~ Series of 1998, on the 5th day of June , 1998. Thomas J . Burne , Mayor ATTEST : Loucriahia A. Ellis, City Clerk • I - 10bi • • 0 'o,, I ]- • • • t• • (, I , Loucrishia A. Ellis, City Clerk of the City of Englewood , Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . ~ Series of 1998. Loucriahia A. Ellis -2 - ,. J . . • . • .. • • 0 I ,.." ., I - 4 • • 0 t• • AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD SCHOOL DISTRICT Thia agreement, entered into this __ day of 1998, by and between the City of Englewood, a Colorado Home Rule Municipality (herein called ·City") and the Enclewood School Diatrict. WHEREAS, the City and the Englewood School Diatrict con.aider it to be ill their mutual interest to cooperate ill the development of athletic fields at Clayton School; and WHEREAS, the City and the Englewood School District desire to set forth their respective obligations; and WHEREAS, the City and the Englewood School District desire to set forth their respective duties. SECTION ONE PURPOSE The purpose of this agreement is to establish a relationship between the City of Englewood and the Englewood School District such that the parties may cooperate ill the development of athletic fields at Clayton School. SECTION TWO CITY'S OBLIGATIONS The City shall have the following obligation.a with respect to the Englewood School District and the athletic fields at Clayton School: 1. The City shall be responsible for labor coats aSIOCiated with all turf maintenance including irrigation costs . 2. The City shall be responaible for labor coats aasociated with bacbtop maintenance. 3. The City shall be responsible for costs uaociated with aoccer pls and field lininr - 4. The City shall be responsible for miscellaneous maintenance iDcludiq, but not limited to, truh pick up and removal . 5. The City shall be responaible for athletic field schedulinc after school hours and when school ia not in session. Schedulinc preference will be (iven to Clayton and Sinclair School students. 6 . The City of Enclewood, Colorado ,hall pay Sl.00 annually to the Enalewood Public Schoola for the use ofthia property. "' - e " ... I • I T .. I· • 0 , - • • 0 • SECTION THREE ENGLEWOOD SCHOOL DISTRICT OBLIGATIONS The Englewood School District shall have the following obligations with respect to the City of Englewood and the athletic fields at Clayton School. 1. The Englewood School District shall be responsible for utility and water coats . 2. The Englewood School District shall be re11ponsible for the coat of mat,eriala associated with irrigation repair. 3. The Englewood School District shall be re11ponsible for the cost of materials associated with backstop repair. SECTION FOUR MISCELLANEOUS l. The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), as evidenced by the date first written above and shall continue for twenty-live (25 ) years subject 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 binding upon the parties , their successors, and assigns . 4 . This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion. or other amendment hereto shall have any force or effect whatsoever, unleu embodied herein by writing. No subsequent notation, renewal. addition, deletion, or other amendment hereto shall have any force or effect unleu embodied in a written amendment or written supplement executed by the parties. 5 . To the extent that this Agreement may be executed and performance of the obligations of the parties may be accompliahed within the intent of the Agreement, the terms of this Agreement are aeverable , and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure ,hall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term , or the same term upon subaequent breach. 6 . It is expreealy understood and agreed that enforcement of the term, and conditions of this ."crffment, and all rishta of action relat.ins to such enforcement, shall be atrictly reaerved to the City and the Englewood School District, and nothing contained in this Acnement ahall live or allow any auch claim or right of action by any other or third person on auch Apement. It is the expreu intention of the City and the Englewood School District that any penon other than the City or the Enclewood School Distnct receiviq Mrvicee or bene6ta under tlua Agreement aball be dftmed to be an incidental beneficiary only . 2 -..... " - •· • 0 ]- • • • <. 7. Either party to the Agreement may terminate the Agreement by living to the other one (1) year notice in writing with or without good cause shown. 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 ceue. As soon as practicable after receipt of notice of termination. each party shall submit a 1tatement showing in detail the aervices performed under the Agreement to the date of termination. 8. Each party represent& and warranta that it has taken all actiona that are necesaary or that are required by its procedures, bylaws, or applicable law, to leplly authorize the undersigned signatory to execute this Agreement on behalf of the party and to bind the party to its terms . 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 prohibit its employees, agents, or servants from using the • .\greement for any purpose which causes or lends itself to create an appearance of impropriety. Said employees, agents or servants shall not aeek any personal benefits or private gain for themselves, their families , or others. 11 . The parties shall not assign or transfer its interest in the Agreement without the written conaent of the other party. Any unauthorized assignment or transfer ,hall render the agreement null, void and of not effect. 12 . Any notice to be cjven hereunder shall be deemed pven when sent by registered or certified mail to the addreaaea below . Englewood School District 4101 South Bannock Street Englewood, Colorado 80ll0 City'.\tanapr City of Enclewood 3400 South Elati Street Englewood, Colorado BOHO 13 . Nothin& herein shall be conatrued as creating any personal liability on the part of any officer or apnt of any public body which may be party hereto. 14 . The City and the En1lewood School District as well u the employee, and apnts of each entity ,hall be conaidered for all purposes of the Agreement, to be independent contractors and not employees of the other entity. 15 . The Acreement shall be carried out in accordance with the law, of the State of Colorado and all applicable federal law, and rerulationa , and all local laws, ordinances and resu}ationa . 3 • ]- - • • ,,. • . • ' <. IN Wl'l'NBSS WBDBOP. tm ,_... _. ._.._.. t:bia A&r 11art tm day mil ~ .. ---..... A'l'TUT: LI• I 1ti• A. alle. CJv Ciak A'l'TUT: • Clff OP DfQLSWOOD IIIQLaWOOD SCBOOL DIIITBICT ~hu.? ~~ ' • .. • • 0 I ",,. ,. I - • • • 0 ·, • BY AUTHORITY OIU>INANCE NO._ SERIES OF 1998 COUNCIL BILL NO . 26 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE ACCEPTING A GRANT FROM THE UNITED STATES ECONOMIC DEVELOPMENT ADMINISTRATION TO THE CITY OF ENGLEWOOD. COLORADO. WHEREAS, the City of Englewood, Colorado applied to the Economic Development Administration for funding under the State and Urban Planning Assistance Program in April, 1998 and anticipates a Notice of Award in early June, 1998 ; and WHEREAS, the U.S. Economic Development Administration requires that the City provide matching funds to meet grant requirements; and WHEREAS, by approving the Grant application, the City agrees to pledge the $25 ,000 in matching funds to cover the City's obligation should the Grant be awarded ; and WHEREAS, funding from the Economic Development Administration is derived to strengthen capacity of the applicant by providing financial assistance which is intended to build institutional capacity; and WHEREAS , the financial assistance of this Grant from the E.D-4.. will strengthen the City's planning capacity and provide revitalization assistance ; and WHEREAS , the Grants under this program are designed to assist cities undertaking significant new economic development planning, policy and implementation efforts; and WHEREAS, the City is anticipating the award of a $60,000 grant from the U.S. Economic Development Administration which will be used to assist in economic development planning and implementation efforts focused on South Broadway, Hampden and other commercial corridors; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Grant from the United States Economic Development Administration for $60,000, a copy of the application is marked as Exhibit A and attached hereto, is hereby approved by Englewood City Council. Introduced, read in full , and passed on first reading on the 18111 day of May 1998. -1 - ...... •. 10bii .. •· • 0 I • • • (. Published as a Bill for an Ordinance on the 22nd day of May , 1998. Read by title and passed on final reading on the 1st day of June, 1998. Published by title as Ordinance No .~ Series of 1998, on the 5th day of June, 1998 . Thomas J . Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I , Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No . _, Series of 1998. Loucriahia A. Ellis -2- '' .. • • 0 '.,,,"' I ]- • ,, - 0 , . • PROJECT TITLE: State and Urban Planning Grant: Englewood Comprehensive Economic Development Planning, Market Analysis, and Commercial Corridor Revitalization Assistance. SUBMITl'ED: APPLICANT: February 25, 1998 (Revised Submittal: April 16, 1998) City of Englewood SfAFF CONTACI'S: Art Scibelli, Business Community Coordinator S. Darren Hollingsworth, Business Analyst Neighborhood and Business Development City of Englewood 3400 South Elati Street Englewood, Colorado 80110 CITY REPllESENTATIVE: Robert Simpson, Director Neighborhood and Business Development City of Englewood 3400 South Elati Street Englewood, Colorado 80111 Voice: (303) 762-2318 Voice: (303) 762-2599 FAX: (303) 762-2659 Voice: (303) 762-2346 FAX: (303) 762-2659 SUMMAllY SfATEMENT: The &oal of the City is to derive a Five-Year Comprehensive Economic Development Stratqy and an Economic Development Planning/ Market Analysis for Englewood's major commercial and industrial corridors -South Broadway and South Santa Fe. This project also focuses on the market situation in Englewood by influencing economic growth through prudent design standards and appropriate market strategies. This process is to be an ongoing planning effort which will support the community's chan&in& and diverse business climate. Implementation of both design and market elements of this project strengthens the City's ability to produce a favorable economic environment. The ultimate &oal of the City is to produce an economic situation with reduced unemployment, increased per capita incomes, and address the concerns of economically distreSsed areas in the community . This project focuses on a variety of interrelated elements which will have a significant impact on the Englewood economy. Specifically, the analysis of the market situation in En&lewood and the related influence on economic arowth throu&h prudent desi&n standards for South Broadway . Implementation of these elements is crucial in strengthening the City's ability to produce a favorable economic climate . Fundin& from EDA will provide the followin& assistance to the City of Englewood: l) Five-Year Comprehensive E.conomic Development Strategy 2) Economic Development / Market Analysis: South Broadway commercial corridor and South Santa Fe industrial corridor 3) Commercial Corridor Revitalization Assisrance 4) Project Synopsis to serve as a case study for municipalities faced with similar urban economic distress conditions. • x ... I • I T A • •· ' . • 0 • • I• • . , <. Perfixmwe -.... u:aa ildicllan wil be iillliOllilarwd dlroupout the entire project. The llllire "8--. I proca wil be..._. ad doaJ n1 a well u the cbePenpt fllced. Kay llicears dlll .. ilM 1 ad . 411 t illl die planning process will be id •"fwt T1lil oudiaa ad ...... doa M 0 M 1aJ be uaed by other nw,niriplliaet &c:ilis ..... a,e4ri OM «urlllll clilllal. This project im,olwa die prepalliaD « die foDowiDa deliwrlblel: 1) five.year comprebenlive eco,a,ic: de\llct1--, llrltelY 2) ec;oaomic deveklFINlllf plamina / market IDliylis, and 3) Im te ,.,... plm and desip guidetinel Pedbrmlnce meuures 111d sw:ceu indicators tbr this project are evidenced by the project meinc•ini• comillency with community goals, needs, 111d the timely achievement of proanm pis and objectives u described herein. • "'~ • I • .. • • 0 , ".t? I • • t• • <. EcoHmic Diltreu or die Area Enpwood bu under performed the overall Denver metropolitan area with regard to income, population growth. unemployment. A lack of redevelopment / development actMty in Enp:wood. within the context of a strong reponal real estate market. provides evidence oftbe need for financial assistance to strengthen the local economy . The current economic situation creates a drag on the City's tax bue and negatively impacts the overall c:omnunity by stifling per capita income, population growth. and the overall image of the c:omnunity . COMPARISON OF KEY ECONOMIC INDICATORS Emplgymcnt Indicator Unemployment Per Capita Income Population Below Poveny Level Population Growth DenvecPMSA S.3% $16,538 9 .,./e 2.29/e SOURCE : 1 -U.S. Bureau of Census, Census Data 1990 City afEylewgod S.0-le $13,514 10 .9-/o 1.6o/o 2 -Denver Regional Council of Governments, annual average 1990 -1995 Economic Development Need ror die Project Deterioratins economic conditions neptively impact propeny values and lead to a declining tax base and loss of retail sales tax receipts . While retail sales growth in metro Denver is positive, Englewood's corporate retail tax districts have experienced a negative growth in retail sales . The result of chronic economic conditions create a situation where development/ redevelopment of the City's commercial areas are experiencing stqnant or neptive growth . This project will identify Eng1ewood's current role in the regional economy and create a strons environment for business prosperity. The ultimate objective of this project is to foster a stronger and more diverse business climate, improve local economic conditions, and provide a mechanism for coordinating and guiding the City's business development function . .. I. . 0 I - - • • .. • Stateaeat el 11ew Pnject StreastMu Orpalzatioul Capallilty Funcliaa under tbis pat will aDow fbr the deYelopment of the City's planning capability by buiJdina ClplCity. Contractors will carry out the various tecbaical apec:ts oftbia project 11111 provide expertile in ueu extemll &om ailtina C"aty sraft'. Thia requires tec:bnic:a1 ewe,~ and skill sets which differ &om thac of exisang Caty std: Procunmeat of teclmic:ally oriented contrlctUII uuance will develop .. ClplCity and allow the City carry out this project. Furthermore, the &Ye-year comprebemive economic developmenl strate&Y will el'ectively cbart a coune of action 6:>r the City to &,Dow end ideDlift specific milatoMs toward •rcenftd implemeiaation. The --ay will lay out specific c:omnmity pis 111d objectives rellled to the strqtbenina of the bulima c:timate in Enpwood. In broad tenm, the ... will examine the followina &ctors impactins the COIIIIIUlity: Problems, Needs, Area R.esources, Conummity Strengths, Commmity Weaknesses, and Comnamity Opportunities. Implementation of this project will result in the following: • Promote en on-aoins strategic economic development Pllnnina proc:eu which builds institutional C!plcity. • Enhance economic development plenniaa Clplbility via the economic pllaniDa IDllysis of the South Broadway corridor. • Remit in the formulation end implemmtalion of a bulima development propam that de6w PfOll'Ul aoaJs, such u enhanced c:apitll ilMstmem, bulinw aplDlion, new job creation, job retention and results in a specific developmelll propam to accomplilb llid objectives. • Implementable enc1 ralicic c:ommerc:ial corridor mntinrion ....... tbr job retenlion and job c:nt11ion are the desired OldCOmel of dis project. -- ., • • 0 -• • I • . • ' Scope of Work/ Metboclolo1Y The funding for this project will suppon an economic development planning process which will focus on four primary areas . They are u follows: 1. Economic Development Planaia1 / Market Aaalysis: A) South Broadway commercial corridor B) South Saata Fe iadustrial corridor. "' - • South Broadway commercial corridor . This analysis will focus on Englewood's central commercial district-South Broadway. Inventory and identify existing commercial uses along the corridor. Review su••inable and expandable retail, service. and office uses . Identify specific opportunities for new and existing businesses along the corridor. • South Santa Fe industrial corridor. This analysis will focus on Englewood's central manufacturing and light industrial district -South Santa Fe . Review existing industrial and manufacturing business uses along the corridor. Inventory and identify industries in operation along the corridor and explore opportunities for new and existing businesses along the corridor. 2. Commercial Corridor Revitalization Aslistaace This eft'on will have a design focus . Design professionals will assist staff in developing design guidelines for corridor revitalization. Guidelines and architectural design standards will be developed to address the following areas : • Commercial buildings • FIClde improvements • Conunercial signage • Streetscape improvements ; i.e . sidewalk, lighting. bulb outs, parking. benches • Landscaping • Entry pon at both ends of South Broadway The design process is focused on revitalization of the South Broadway business corridor. South Broadway merchant meetings are held monthly to involve the Englewood business community . 3. Preparation of a Five-Year Stratepc Comprebeasive Icoaomic Developaeat Plan The plan will focus on all sectors of the local economy : manufacturing, reuil and service . It will provide strategies to address programs of improvement in the following areas : • Downtown Development • Commercial Corridor Market Analysi s -South Broadway . ' ... • • , ]- • • t• • • Business Retention • Business Expansion • Business Attraction • Redevelopment ofBlighted Commercial Areas • Expanded Housing Opportunities • Enhanced Community Leadership • Workforce Training • School-to-Career Opportunities • Economic Development Catalysts and Incentives • Financial Resources Available to the Business Community The following methodology will be used to develop the comprehensive economic development strategy for the City : • Conduct community interviews of area businesses to seek a consensus vision for the City . Input will be derived from community focus groups , staff and elected official interviews, and input from the business community. • Review existing economic development plans in the region to identify the impact on the Englewood business community and the City's ability to achieve its vision. • Identify Englewood's niche in the matrix oflocal municipalities and profile industries and businesses located in the community . Determine the appropriate positioning of Englewood in the Denver metropolitan business environment . • Identify Englewood's competitive advantages u it relates to other neighboring communities . Determine the relative advantages in various tactors including: skill availability , personnel resources, training resources , concentration of suppliers and/or customers, real estate opportunities, and examine the impact of the existing / proposed transportation inftastructure . • Analyze regional business trends and look for growth industries and related opportunities for Englewood prospects . • Outline community marketing and business recruitment and/or retention efforts 4. Project Doc•meatatioa ud Oudiae The enti re planning process will be outlined and documented u well as the challenges faced . Key factors that were addressed and implemented in the planning process will be identified . This outline and program documentation may be used by other municipalities facing similar conditions of urban distress . "' - • . • I· • I • • • (. Commercial Corridor Rcdevelopmeat • Soutb Broadway Implementation of the strategy involves planning initiatives which examine the redevelopment ofEnglewood's commercial corridor -South Broadway. Presently, South Broadway is comprised of four distinct districts, each having a unique business environment. Commercial corridor planning activities include addressing the proximity, variety, condition, and market mix of commercial businesses along South Broadway. The districts can be generalized as shown below: 1. The Gateway District (Yale to Eastman) 2. EDDA District (Eastman to U .S. 28S) 3. The Midway District (U.S. 28S to Chenango) 4 . The Motorway District (Chenango to the Littleton Border) The project involves the development of architectural guidelines that reflect the uniqueness of each district along the South Broadway corridor. In addition. gateway marlcers for the North Englewood and South Englewood borders shall be designed . The idea is to chart a course for future development and revitalization along this commercial corridor. Contained within the four identifiable commercial districts are the following concepts: • Improve building and property appearances and increase building and property maintenance . • Unify and beautify the corridor and create unique using urban design practices. • Improve real and perceived safety concerns for South Broadway businesses and patrons. • Develop pedestrian amenities and reduce vehicle / pedestrian conflicts • Improve pedestrian connections to South Broadway from nearby employment and retail centers. • Assist businesses in creating usociations or self improvement districts for marlceting, maintenance, appearance, and safety. • Review parking requirements and opportunities for providing additional. convenient parking . • Enhance the identity , image, and perception of the South Broadway corridor. • .. • • • 0 , -• r • ·, • '· ... Statemeat olltow private sector (citizeu) and local leadenlaip are iavolYed. /u put of the City's public participation and outreach efforts, City Council bolted a town meeting to discuss issues concerning the residenu. The meetins foc:used around the fbllowing three major topics: Economic Development, ResidenriaJ Development, and Traffic Issues . The citizens and City Council focused on the following ideas: • Revitalize the commercial corridon / South Broadway and create oppor1Ullities fbr diwne businesses to prosper. • Business retention efforts and maintenance usistance to existing Englewood t-•sinesses is vitally important. • ContimJe outreach efforts to the manu&cturing and industrial community. • Create a greater awareness of benefits through various prosra,ns available to Englewood businesses including : Arapahoe County Emerprise Zone, Englewood Comrnen:ial Reinvestment Catalyst Program, and other state/local/federal business development programs . • Continue the development and promotion of the Buy Englewood Program . The following Goals are established by the Ens)ewood City Council : • Develop a comprehensive economic development program to build and enhance alternate reverwes and enhance comnaanity resources . • lndusaia1 Corridor -South Santa Fe Markee Analysis • Commercial Corridor -South Broadway Revitalization • Pursue a development plan that meets the conuamity's standards. • Maintain Englewood as a full service conununity . • Suppon business vitality and variety . • Attract neighborhood serving businesses and encourap a balance of commercial uses . • Upgrade transitional uses and renovate or replace deteriorated structured. ' . .. . , • . • • 0 , - • • • I• • <. Civil Risbts The City seeks input and communicates with all citizens ofEnglewood on an equal basis. Public participation of all citizens and business representatives is encouraged. Commwiity outreach and public participation continues be an onsoin& area of focus for the City of Enpcwood. This is evidenced in the public panic:ipation or comnamity outreach dforts which the City maintains for projects aft'ecting iu citizens and businesses . The following sroups meet regularly to discuss issues related to economic development / neipborbood impacts along the South Broadway corridor: • South Broadway Merchants Group -Comprised of businesses along the South Broadway corridor. • North Englewood Organization ofNeighbors (NEON)-Comprised of residents loclted along the South Broadway corridor. The City of Englewood, Colorado, has not received a negative determination from a civil rights compliance review, complaint, lawsuit or other allegations of discrimination on the basis of race, color, national origin, sex, disability or age. Discrimination for or against any person in recruitment, examination, hiring, classification, training. promotion, on-going usignment of duties, granting of rights and benefits, or any other personal action because of political or religious opinions, race, creed, color, sex, national origin or ancestry, age, political or religious affiliation, orpnizational membership, physical or mental impairment where accommodation can reasonably be made or other nonmerit factors except tor bona fide occupational reasons is prolubited . Any claim for alleged discrimination for any prohibited reason shall be filed with the Administrative Services Director and may be determined only by the City Manager or his designee. (Ordinance #14, Series 1983; amended Ordinance #63, Series 1990 .) ---~--' . ' .. • • 0 I ]- • • • 0 t, • Plaaaia1 Grant Staflia1 Proposal This project will be carried out by existing City staff' and outside contracton which will meet the technical obligations for this project. Funding under this grant will allow for the development of the City's planning capability by building capacity . The proposed contracton will carry out the various technical upec::ts of this project and provide expertise in areas external &om existing City staff. The following is a description of the proposed staffing plan: Contractual function to meet scope of grant · Technical Element Grant Function Estimated Grant Buda:et Five-Year Comprehensive Identify specific community Economic Development goals and objectives which Strategy strengthen the Englewood business climate . Economic Development E.D . planning / market Planning / Market Analysis analysis for the South Broadway commercial corridor and South Santa Fe industrial corridor. Commercial Corridor Design architectural Revitalization Assistance guidelines for South Broadway corridor redevelooment . Total Elthuted 547,000 Coatnctaal Bud•et Existing City staff to mm the scope oftbe grant : Name Title Grant Function Percent of Grant Time on Budget Proiec:t Art Scibelli Business Project manager . 33% 20000 Community Coordinator Brad Denning Planning Element implementation . 30'1. 7000 Assistant Darren Business Element implementation 30'1. 7000 Hollinasworth Assistant and a:rant administration . Gertrude Welty Administrative Administrative support w. 2000 Assistant n Nancy Fenton Administrative Administrative support 6,,., 2000 Aide TOTAL Sll..000 • "' - • . . •· • C I • -• ·, • <. - EDibitA-Ll Explanation for proposed use of amounts budgeted for coatractua1. ., _ ' ' • • • 0 f -. I • r • • . . The collUICtual element of the project involves the procurement of individuals with teclmical expertile in a variety ofareu. This project requires technical assistance and skill NU which di8'er &om that of exilbDI City aft'. Procurement of technically oriented comnaual. eninnre wiD develop all ClpllCity aad allow the City carry out the proposal u .. fbnh herein. The fbDowina is • description of the tedmic:al elements which will require comractual assinnre to carry out this upect oftbia put: • CollUICtual assistance may be required to derive various elemenu of the five-year comprehensive economic: development strate&Y- • Market analysis and targeted buliness study for the South Broadway commercial corridor and South Santa Fe industrial corridor. • Desisn arc:hitec:tural guidelines and landscaping plans for South Broadway corridor redevelopment . Note: The proposal for contractual procuranent is subject to change; the applicant may choose to hire additional or different individuals to meet the specific: objectives of the project. The contractual amount for technic:al assistance is to be determined. Contractual amounts will reflect market rates and prosram budget. The contractors procured to meet the obliptions of this put will be requisitioned bued on the City's employment/ procurement procedures; the city does not discriminate on the basis of sex, race, or ethnicity (Ordinance #14, Series 1983; amended Ordinance #63, Series 1990.) . .,. . ,, - .. .. • • 0 I • • t• - (. COUNCIL COMMUNICATION Date Agenda Item Subject June 1, 1998 10cl Water Meter Purchase Initiated By Utilities Department I Staff Source Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Approval, by molon c#the pwdaa d --mae.a flloa .. ,_ ~ Mounlaln Slalea, in the amount d $25,541.48 and Dana Kapner In the amount of $8,384 .00. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Utilities Department purchases water meters needed for an entire year by requesting one large bid proposal for additional cost savings. FINANCIAL IMPACT About $16,000 worth of these meters and yokes will be resold to Englewood customers for new installations as part of the flat-rate to meter conversion process. The remaining stock will be UNd to replace inactive or poorty functioning meters as part of the water meter maintenance program . Then! is money budgeted for these items in the 1998 Budget. Request for Bids were sent to four vendors, with three companies responding with bids. Mountain States Pipe was the low bidder for the water meters, but they do not carry yokes . Dana Kepner Co . was the low bidder for the yokes. Mountain States Dana Kepner Waterworks Sales UST OF ATTACHMENTS Bid Proposal Tabulation Sheet $25,541.48 $ 8,384.00 NIB ·- ... •· • 0 I I .· , ~ ~ • 0 I ..r ' BID OPENING DATE : 4/13198 EMS: WATER METERS Item # Description 1 5/8" Displacement Type Water Meters less couplings 2 5/8" Displacement Type Water Meters wlremote less couplings 3 314" Displacement Type Water Meiers less couplings 4 1 • Displacement Type Waler Meters less couplings 5 1 • Displacement Type Water Meters wlremole less couplings 6 1 1/2" Displacement Type Water Meters less couplings 7 1 112" Displacement Type Water Meters wlremole less couplings 8 2· Displacement Type Waler Meiers less couplings 9 2" Displacement Type Waler Meters w/remote less couplings 10 314" Komerhom yokes or equivalent 11 3/4" compression fittings (for 314"copper pipe) for for Kornerhorn yokes 12 314" compression fillings (for 314" galv . pipe) for Kornerhorn yokes 13 314 " ball valves for Kornerhorn yokes 14 314" Displacement Type Water Meters w/remote less couplings Est. Qty 60 12 72 20 2 7 3 0 Dana Kepner Co 700 Min Stales Pipe 11 Waterworks Sales 4295 Kerney SI. Alcott SI. Denver, Co. W . Las Vegas SI. ---. r • --. Price Bid IPrice Bid Price Bid Each Price ~ach Pr:D--Each Price $40.05 $2,403 .00i $28 .8{ $1,729 .80 N/R / ' NIB NIB $48 .86 l $586 .32, ) N/R -/' ..... $61.35 $4 ,417 .20 $4-1 .20 ....._$3 ,182 .40 J MIR I -$87 .60 $1,752 .00 I . $73 .55 ,11 .... 11 oo_,, N/R NIB NIB $9'1 .88 \. $193 .76 > N/R ...,.--_ $235.05 $1,645.35 ILUll .00 L$1 ,4G3 .00 N/R -NIB NIB U.lll.00 \....'°"'·w N/R 7 $342 .80 $2 ,399.60 I.JUL .00 $2 ,114.00 'I N/R 3 NIB INIB $3J6 00 ,..., ..... , N/R ~ f l~.,c I'. 200 $15 .35 (..!3,070 .IXT N/8 ,,,., N/R ---400 $3 .20 \_!1 ,280.uu NIH NIB NIR ~ 100 $3 .20 \.S~_/ N/8 NIB NIR -~ ---. 200 $11 .75 ~2 .350~ N/D N/D N/R NIR -~ 200 NI B N /D 165 53 $13 lUO UU N/R ..... / • 0 '\ • • Water Pro Supplies 1910 38th St., Demler , ----. - Price Bid Each p~ $29 .00 $1,740.00, $55 .50 $666 .00 $57 .50 $4 ,14000 $89 .50 $1 ,790 .00 $123.00 $246 .00 $220.00 $1 ,540 .00 $275 00 $825.00 $325.00 $2 ,275 00 $385 .00 $1 ,155.00 NB NIB NIB NIB NIB NIB NIB NIB $88 .00 $17 ,600.00 ~ ' ~ • I .t . I ... Item # 15 ../ \ I ,..., ' Description Est. Qty 3/4" X 3/4 "(9 3/8 " 40 laying length) XB "(H) Copper Meter yokes, w/vertical inlet and Outlet, w/compression Fittings and w/angle ball Valve TOTAL N/B-No Bid N/R -No Resoonse • 0 l • ... --··-,,.__._, --· ...... --·--. ,..,.._ ··-·-·--·"'--v ··--···-~ Price Bid Price Bid Price Bid Price Bid Each P,~ ' Each Price Each Price Each Price $34 .10 ~1,364.00 1 NIB NIB N/R NIB NIB $21,001 .15 $25,541 .28 N/R S31 ,9n.OO - / • • Date June 1, 1998 INITIATED BY Department of Parks and Recreation • • - COUNCIL COMMUNICATION Agenda Item 10cH STAFF SOURCE • Subject Award Contract for Clay St. Drainage Improvements Jerrell Black, Director of Parks and Recreation Dave Lee, Manager of Open Spaces COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved an agreement with the City of Sheridan for "Payment in Lieu of Taxes" by Ordinance 28, 1994. This agreement included storm drainage improvements to South Clay St. adjacent to the Englewood Golf Course. RECOMMENDED ACTION Staff recommends Council award, by-.. OG • fmn c:onlrllct in the amount ol 131,11D.GO to ME, Inc. for the conatructlon ol "Clay St. Drainage~~- Staff has investigated the low bidder, AGE, Inc. and finds their experience and qualifications acceptable. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Golf Course Expansion Project required City of Sheridan approval of a Planned Unit Development (P.U.D .) application. As a condition of timely approval of our P .U .D ., the City of Sheridan included requirements for Englewood to address flooding concerns on South Clay St. The project has considered various design alternatives and alignments. Muller Engineering Company was retained to study the drainage basin affecting the area . The selected design alternative is acceptable to the City of Sheridan and local residents. Bids for the project were received in 1997. Construction was delayed pending an informal approval by the City of Sheridan. FINANCIAL IMPACT Nine contractors purchased plans and specifications for the project. Three bids were received and opened on August 19, 1997 as detailed in the attached Bid Proposal Tabulation. The low bidder AGE , Inc . agreed to honor their original bid without additional compensation . The estimated project budget includes the following : LIST OF ATTACHMENTS Con1rac 1 Form B,d Tabulation Construction Contract Engineering and Surveying Services Construction Contingency TOTAL ' $38,880.00 2 ,000.00 3,120 .00 $44,000.00 • . ... •· • 0 , ? I - • • • • 0 I• • CONTRACT CITY OF ENGLEVYOOO, COLORADO THIS CONTRACT and agreement, made and entered into this .i~"---~day of 1911......by and between the City of Englewood, a municipal corporation of the State of Colorado hereinafter referred to as the •City•, party of the first part, and A a I, Ipc. hereinafter referred to as the •Contractor•, party of the second part . WITNESSETH, conmencing on the =3=1-•• ___ day of JULY , 1911_, and continuing for at least ten (10) days thereafter the City advertised that sealed proposals would be received for furnishing all labor, tools, supplies, equipment , materials and everything necessary and required for the following: WHEREAS , proposals pursuant to said advertisement have been received by the Mayor and City Council and have been cert ified by the City Engineer to the Mayor and City council with a recoanendation that a contract for said work be awarded to the above named Contractor who waa the loweat reliable and responsible bidder therefore , and WHEREAS , pursuant to said recommendation the Contract ha• been awarded to the above name Contractor by the Mayor and City Council and aaid Contractor is now willing and .able to perform all of said work in accordance with said advertisement and hi• propoaal . NOW THEREFORE , in consideration of the coq:,en.aation to be paid the Contract , the mutual agreements hereinafter contained are su.bject to the terina hereinafter stated : A. Contra" P99MP1Dtf : It ia agreed by the partiH hereto that the following list of inatrwaenta, drawings and doc:ument• which are attached hereto , bound herewith or incorporated herein by reference -20- • • • • • 0 f • • •, • constitute and shall be referred to either as the Contract Documents or the Contract and all of said instruments, drawings, and documents taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full herein: Advertisement of Notice for Proposals Proposal Contract (this instrument) Performance Payment Maintenance Bond Receipt, Release, Waiver of Claims Special Provisions General Conditions Detailed Specifications Plans and Drawings B . Scope of Work: The Contractor agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and complete all the work described, drawn, set forth, shown and included in said Contract Documents . c. Ierrns of Performance: The Contractor agrees to undertake the performance of the work under this Contract within ten (10) days from being notified to commence work by the Director of Public Works and agrees to fully complete said work within &19 ..... •~TJL&...~ruIYI ..... ._~~~~~~~~- ( 45 ) calendar days from the date of said notice, plus such extension or extensions of time as may be granted by the Director of Public Works in accordance with the provisions of the General Conditions. D. Ie;ma of Pavment : The City agrees to pay the Contractor for the performance of all the work required under this contract, and the Contractor agrees to accept as his full and only cQ11118n&ation wherefore, such sum or auaa of money as .. y be proper in accordance with the price or prices set forth in the Contractor •• Propoaal hereto attached and made a part hereof , the total estimated coat thereof being DDt1 llat TPZPIIF Rat M m AWTJ dollars and MR._centa . ($31.110.00 ) · E . Appropriation of P'l!Pdt = At present, $J1.110,oo baa been appropri ated for the project . Notwithstanding anything contai ll9d in t his A,Jre-nt to the contrary , in the event no funds or insuff i c i ent funds are appropriated and budgeted by the governing body or are otherwi se unavailable by any -an• whatsoever in any followi ng fisca l per i od for wh i ch appropriations were received without penalty or expenae except a s to those portions on the Agre~t or other amounts herein for whi ch funds have already been appropriated or are otherwise available . The City shall innedi ately notify I 9 I, IRS, or i ts assi gnee of such occurrence in the event of such termination . -21 - • • I - • • • • (, F. Contract Binding: It is agreed that this Contract shall be binding on and insure to the benefit of the parties hereto, their heirs, executors, administrators, assigns, and successors. IN WITHBSS 'IIBBRBOF, the parties have caused these presents to be signed personally or by their duly authorized officers or agents and their seals affixed and duly attested the day and year first above written . Thia Contract is executed in _ _.s.___counterparta . CITY OF BIIGLBIIOOD by -------------Mayor Party of the First Part ATl'EST : City Clerk Contractor Approved aa to form: by ___________ _ Party of the Second Part City Attorney ATTEST : Secretary --~-. • .. • • 0 l I ]- 1 2 3 .. 5 8 7 8 9 • ,, • . • ' .. CLAY STREET DRAINAGE IMPROVEMENTS PROJECT BID PROPOSAL TABULATION AUGUST 19, 19H Bidder, Plan Holder BaNBld Bond Ramarb Engineel's Estima1lt $42,025.00 PROTO CONSTRUCTION & PAVING NEW DESIGN $46,091 .00 y WVCON CONSTRUCTION GARZA CONCRETE T . LOWELL CONSTRUCTION $49,839.00 y TARCO, INC. COPANAEGAN COVENANT STRUCTURES. INC. AGE, INC. $38,880 .00 y LOW IIIDDER: AG E, INC. ......... ,,. ~ . ' • . , ... • • 0 I _.,D1,1111ILLA..tffl0N NO. _ SERIES OF 1998 • • • #Ml. A RESOLUTION APPROPRIATING FUNDS FROM THE 1998 BUDGET FOR THE GOLF COURSE CLAY STREET DRAINAGE PROJECT. WHEREAS, the City Council of the City of Englewood. Colorado approved the City of Englewood's 1998 Budget on October 20, 1997; and WHEREAS, the passage of this Resolution will appropriate the funds needed for the construction contract and related work needed for the Golf Course Clay Street Drainage Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectjon 1. The City of Englewood 1998 Budget is hereby amended as follows : GOLF COURSE FUND: Source of Fnude: Retained Earnings $44,000 l Jeee of Fnode · Clay Street Drainage Project $44 ,000 Sectjon 2. The City Manacer and the Direct.or of Financial Semoea are hereby autbomed to make the above changes to the 1998 Budcet of the City of Enc)ewood. ADOPTED AND APPROVED tbia lat of June, 1998. ATTEST: Thoma J . Burm, Mayor Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk for the City of Eqlewoocl, Colorado , hereby certify the above is a true copy of Reeolution No .~ Seriea of 1998. . , • . • • • 0 r ~,,"' I -• • • COUNCIL COMMUNICATION Date Agendaltem Subfect Resolution for a supplemental appropriation for the Clay Street Drainage June 1, 1998 10cll Project Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council gave staff direction to proceed with the Clay Street Drainage project. City Council is scheduled to award the bid to AGE, Inc. on June 1 , 1998. RECOIIIIENDEDACTION Staff recommends the City Council approve the attached resolution. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFED This supplemental appropriation funds the cost of the Clay Street Drainage project. The bid was awarded to AGE, Inc. AGE, Inc. should begin construction in the midcle or end of June, 1998. No alternatives were identified. The sources and uses of funds are: Golf CowN Fund: Source of Funds: Retained Earnings $44,000 use of Funds: Clay Street Drainage Project $44,000 FINANCIAL IMPACT This action will reduce the Golf Course Fund's retained earnings by $44,000. UST OF ATIACHIIENTS Proposed resolution ,- • . .. ., • • 0 r ? I 1. 2 . 3 . 4 . • 0 • AGENDA FOR THE REGULAR MEETING OF THE ENGL~OOD CITY COUNCIL MONDAY, JUNE 1, 1998 7 :30 P.M . .. Call to order. f'):53 ~ Invocation./)~ Pledge of Allegiance . ~ RollCall .L/J. f)~~ ,. - 5. Minutes . /Jf p/'){) •-M;""'"' from !ho Roguia, Clty_coom -of May 1s. 1998 . ~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes .) df/d7f) ~ii . A proclamation honoring Nancy A~i~s~ completion of the Leadership Englewood program . fTVJ"Vfr\A'f A proclamation honoring Lauri C'9 Jr~! su~"ful completion of the Leadership Englewood program .~ PINN nole: N you haw a dlubllly and IINcl 8lallary alda or NnlcN, ....... nollly .. Clly ol E.llgla•ood (712-2405) at 1Net 41 hou'9 In advance ol WMn NMON ......... Tlwlk you. I· • 0 , - • • • • I' - 0 I • • Englewood City Council Agenda June 1, 1998 Page2 A proclamation honoring Debi M~~c~. bJ'~e; successful com · e Leadership Englewood program .V ~ A proclamation honoring Ann Nabh~ or ~e/~~ssful completion of the Leadership Englewood program. fli;//.6.r<:T(/L- A proclamation honoring Shannon .9i':.e9.~ on.h~r ~ucc~ the Leadership Englewood program. ~ ~ A proclamation honoring Debbie PerryiJ> .. milhAon ~r successful completion of the Leadership Englewood program .~ 417») ('\-(}ix. A proclamation honoring Patricia Stevens on her successful completion of the _ rr~ I Leadership Englewood pro;;;.,~ · 9 . ~ A. A A-~--.1 / o ()._ ·, i { 11 /f:s Rbttt.- 10 . ~F Public ~one scheduled~) consent Agenda . '"""f,._,,~ A • a App"'"al of °"""8nces on F'1J/P'!'-(). ~~; :/- i. Council Bill No . 27 -Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving an Animal Housing Services Agreement with the Colorado Humane Society, Inc. to operate the Englewood Animal Shelter. STAFF SOURCE: Division Chief Robert Moore. ;t ~~;/ ~r b . ii. Council Bill No . 28 -Recommendation from the Department of Safety Services and the City Attorney's Office to adopt a bill for an ordinance amending the Nuisance Abatement section of the Englewood Municipal Code. STAFF SOURCES: Division Chief Robert Moore, and Dan Brotzman, City Attorney. PINN noa: II you haw. clNblllly and .... audary ... or -lflCII, ..... nallfy .. Clly of (712-2405) at INat 41 hours In advance of w1W1 a.vlcN .. IINded. ThMk you. • • . .. •· • 0 r - l;nglewood City Council Agenda June 1, 1998 Page3 • • • ii. Council Bill No. 26, accepting a State and Urban Planning Grant from the U.S. Economic Development Administration . C. Resolutions and Motions. ~ // )_. f-_l -lff'R) i. Recommendation fro~ the-ul//e~ De~artment to approve, by motion, the purchase of water meters and related equipment. Staff recommends awarding the bids to the lowest bidders: Mountain States, in the amount of $25,541 .48; and Dana Kepner, in the amount of $8,384.00. STAFF SOURCE: Stawart H. Fonda, Dlnictor of Utilities. ii. iii. Recommendation from the Department of Parks and Recreation to approve, by motion, a construction contract for the construction of the Clay Street Drainage Improvements Project. Staff recommends awarding the bid to the low bidder, AGE, Inc., in the amount of $38,880 .00 . STAFF SOURCES: Jerrell Black, Dlnictor of Parb and Aec:rNtion, and Daw Lee, Manager of Open Space. Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for the Clay Street Drainage Project. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. 11 . Regular Agenda. a . b. c. Approvrinances on First Reading. Approval of rdinances on Second Reading. Motions. 12. General Discussion. b (/ B 7 a . Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. 7{9i a . Englewood Center U AAAn-J_ CityAllo-•"-1-..l(,Sf b~(J'\ ~ . ( /I A'f :i.,µ, 'J 14. Adjournment. O~ , The following minutes ~itt,'td to City Council between 5/15/98-5128198 : • Englewood Liquor Licensing Authority telephone poll of May 6, 1998 PINN nole: If you haw a dlNbllty and,........., ... ar wilta11, ..... nallfy .. cay ol e,...,ooc1 (782-MOI) al ........ houn In advance ol we....,,,... ........... Tia* you. .. - I''~ • . ' .. '. • 0 , ..,,, I -• ,,, . 0 :• • < ' ------. --------- 7 M tr oz~ 1 :~ JJdf./ ----[I ~P-~~·~-~------ -~ ~ii~ ~< ---~ 1 Mu!L_ : --------- ' • '• I • . . I. . , 2 . ,,. _ - 0 t• - -.,, __ -·' - " -~-_jJS~l-}b}-L-=-=-=--=--=----~---1 • • , 2 - • • " . • ' . • 0 • -• ' --------------·: • ----.~~~-:. ·.· I. . . -• ••• • - 0 I • • l . . -·.----- ------ ~---~~3@v~-~- • • • --------------------------------------------------------------------------------------------. ,-• 0 I • • ' • • • C • • 0 I• • - -f;d-~~~-~-- -·~ -ri]ig__~-1/lit . ~ '~ • • • ,. - - 0 :. -, . ·---- ~~---- . . • ---~ • I. . e • . ' . ~ .. j \:. •_t;. -, n , ]- ]- • • • • .. .. • JUN£ 15, 1998 REGULAR CITY COUNCIL M££TING • • .. 0