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Home My WebLink About1998-04-06 (Regular) Meeting Agenda• • . • • .. 0 • APRIL 6, 1998 :~::c:1~/.?. ,,??/2•. 27, 21, 29 RESOLUTION I~ ~52: 53, 54, 55, 56, 57, 58, 59 • • 0 , '::>a? -• 0 •• - ENGLEWOOD CITY COUNCD. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO April , •• ,,. 1. Cal•Or*r The lqlllar meding aCdle Eaglewood City c.ouncil -called to order by Mayor Bums at 7 :30 p.m. 2. llftecatiGa The ilMICllion -giffll by c.ouncil Member Nabholz. 3. f'WF-6 Aird nee The J'kdF a(~ -lalby Mayor Bums. 4 . ...Call Pn:lenl: c.ouncil Members Nabbolz. Clapp, Gama, Bradshaw, Habenicht, Waggoner, Bums Ablcnt: Nooe A quonim -prac:nt. 5. 11...ee. Al80 pralClll: City MnlFr Scars City Auomey Brotzman City Clerk Ellis Eaplemillg MaaF° Kallln Dmsioa Cllicf Vaadcnnoc, Safety Servica C . y <:oonlimlDI" b l...Gllg 1-.e ....._. Still Hoisl t c .._.. wl Ea,,i, 7 Teclaicila ....... (a) COUNCR. MUIUll SllADSIIAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUnS OF THE llEGIJIAll MD11NG OF MilC'll 16, I,,._ Motion carried. Ayes : Council Members Nallllolz, Gama, Bndlbaw, Habenich7., Waggoner, Clapp. Burm Nays: None (a) Ken McDaniel, rcpacnling tbc Eaglewood Elb Lodp 2122, llaed lie_._ die 1'1117 Exalted Rua lall Sa:urdly nighl. On bebalf aCthe Elu Lodp lie bollonld Nanm Wier• die £.-c,d Elks Lodge Lady Citiun aCtbc Yes for 1997, William Naylor• die Easnc-c,d Ela Lodp Gent! Citiun aCthe Year for 1997, Firdighrcr Ron McLain• die Eaglewood Elb Lodp Firdigllt« aCdle Yes for 1997 and Officer Michael O'C-as :he Enp:wood Elks Lodp Police Officer aC die y,_ for 1997 . He pracmcd a dislinguilbcd cilm:mbip ~ plaque to cacb bonorce . Mr. McDlllid aaeod ii is "8lly nice to know these people are around when you need :hem. . . •. • • 0 - 1 • Ea&lewood City CGIUICil April 6, 1"8 Pa&e2 '· • • • Mr. McDaniel praenled the Elks Distinguished Humanilarian Award to Crime Prevention Officer Nancy Peterson for the help she gave him . He Slalcd Ms . Peterson bas clone a lot of good stuff. Mr. McDaniel tha1*cd Council for the oppol1Unity to present these awards. He opined Ibey are really deserving of the recognition. ••••• COUNCIL MI.MBI.R BRADSIIAW MOVED, AND IT WAS SI.CONDI.D, TO MOVE AGENDA ITEMS I (h), (c), (II), (e) 11N (I) FORWARD. Mouon carried. Ayes: Council Members Nabbolz, Gama, Bllldsbaw, Habenicbl, Waggoner. Clapp, Bums Nays: Nooe IClak's ROie : As the proclamatims were being signed. Council alllSidercd Agenda llems 8 (g), (h) and (i).J 8 (g) A..pnx:1-aiaD declaring April 17, 1998 as Arbor Day was considered. COUNCIL Ml:MIIEll BllANIIAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION DI.CL\lllNG APlllL 17, 1"8 AS AJlaOll DAY. Ayes : Council Members Nabbolz, Gama, Bllldsbaw, Habenicht, Wagoas, Clapp, Bulm Nays: Noac Mayor Bums pwalcd die pmc:1,-,,;-. MwFr of ()pea Space Dave Lee . (h) ApoclemMioa dodarillg die WIidt of April 12 ..... 18, 1998 as Englewood Tdecomaulicalors Week was c D • I al. COUNCIL MEMBER IIANNICIIT M0YU. .\Nit IT WAS 5S.CC)NNa. TO APl'llOYE A PllOCLAMA110N DECIAalNC 1IIS. WDK OF Al'IIIL 12 'l1IIIOIJGII .. I"' AS ENGLEWOOD 'aUCOIIORJNICATOa WDK. Ayes : ~ Melaerw Nlllllalz., Gamlll. ...._., Hebeaiclll, w...--. Cllpp, ... Nays: Noac Malion canicd. Mayor BIIIDS preeeated Ille pmdMNtion 10 Divisioll Cllid'T-V-*'-. (i) A pnx:lafflllioll dcdarillg the WIidt of April 19 ....... 25, 1991 • Nalional Libn1y Week was coasidefflll . COlJNCIL 1111. .... NAallOLZ MOVED, AND IT WAS SEC0NKD. TO APPROVE A l'llOCLAMA 110N Dlr:CLAalNC nu: Wl.1'.K 0, APlllL 19 TBllOIJGII JS, "" AS NA TN>NAL UBltAllY Wl.r.K. Aycs: Nays : Molioa canicd. . . ,,,_ • • 0 )- • • • -; ... Ea&kweN City C-11eil April ,, .,,. l'aFl 8 (b) considered. A proclamation honoring Ouiltina Blomberg on the oa:asioo al her 100• bil1bday was The City Clerk read the proclamalion in full . COUNCll. MEMISER aRADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION HONORING CHRISTINA 81..0MISERG ON 1111: OCCASION or BER 180111 81RTHDAY. Motion carried. Ayes : c.ouncil Members Nabbolz, Garrett, Bradshaw, Habcnicbl, Wagoner, Clapp. Bums Nays: Noac Victim/Willlell Servic:cs Coordinamr Susan McDonnell accq,Ced the proc:lamllion on behalf of Ms. Blomberg. (c) .>A.111111 I . e recognimg Officer Micbael O'Connor as the Englewood Elks Lodge Polic::c Officer aldlc Yes for JW7 wa allllideml. The Cily Cleft read die pmdNNlion ia full . COUNCll. MEMISEll llMENICHT MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION ltECOGNWNG OfflCER MICHAEL O'CONNOR AS THE ENGLEWOOD ELKS LODGE POLICE OFFICER or THE YEAll llOR .,,,. Ayes : c.ouna1 Members Nabholz, Gama, Bndlhlw, Habenicbl, Wauo-, Clapp. Bums Nays: Nolle Mayor a... ......... pn1 I llioe ID Ollicer MicllMII 0°C--. (d) A,-T . -oapizils F"lldipler ._ Mc:Laill • • l!.-,d Elb LodF F~ffl .. Var.....,,wca ·; Ill 'l1le Cily Oat_.•,-I tioa ill filll. COOJIICIL MDIN'R aaAISIIAW MOVED, AND IT WAS SEC'ONND. TO Al'PllOVE A PllOCIAIIATION D.C'OGNIZING nunGIIBll llON M<1AIN AS 11K DGUW009 ELKS LODGI: naDIGIITEll CW THE YLUl lll()a 1"7. A,ea: c-il Mclllbcn Nabholz, Gama, BalMilw, Habalicllt, w...--. Clapp. a.. Nays: Noac Mayor a.. ....... die p, cl Sicw ID Firdipler Rm Mc:Laill. (e) A pmd,,,,.icw ro<•ipiz~ ...._Wier• .. F th Dad Elb LodF Lady Cilizal al dleYcsbl997waCOMidenld. -----~--- • • 0 ~CkyC..Cil Aitril " .,,. Paet4 • 0 I• • COUNCU.. MEMU:R NAIIHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION RECOGNIZING NORMA WU:R AS THE ENGLEWOOD ELKS LODGE LADY CITIUN OF THE YEAR ,OR 1'97. Ayes: Council Members Nabholz, Glm:tt, Biadshaw, Habc:nichl, Waggona-, Clapp, Bums Nays : None Motion camcd. Mayor Bums preseotm the proclamalion to Norma Wier. (f) A proclamllioo recognizing William Naylor as the Englc,iwood Elks Lodge Gentleman Citizm of the Year for 1997-comidcrcd. The City Clcrt rad the proclamation in full . COUNCU.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE A PROCLAMATION RECOGNIZING WILLIAM NAYLOR AS THE ENGLEWOOD ELKS LODGE GEN'll.l:MAN CITIZEN OF nu: YEAR ,OR 1997. Ayes: Council Mcmbcn Nabholz, Garren. Biadshaw. Habenicht. Waggoncr,.Clapp, Bums Nays : None Motion camcd. Mayor Bums pracntcd the proclamalion to William Naylor. (a) Sunny Howland, 2141 Souda <..-Strcct, lllled Ille is a la-year Colorado rcsidcnl, lilft'illg _._ llames in Denver, Highlands Racll ad. liDr * laa dnc years. ill Englewood. She said she is vay ,._. to be a raidcnt of Englewood Md Ille lcMs la ··t naad. Howewr, Ille advilCd, they UYC a l'CII CXIIICICIII in bcr ncighborbood .... dley .... lire ID .... Cwil's bclp wl briag ii to c-il's ..._. It is ill tlac: fona of deldicl YClliclcs lllll dley ca 't -ID ICI ay raollllicm on . Ms. Howtaad ODIMICPMOd tlul Ille ~ tllll C-=il Mc:lllllcr Natllolz Im lllaaglll dlis to Couacil's llltalioa. SIie llllr.od lor c-il's lllllp. SllcRqllCllad .. 6c lc8cr ha Salli 0.-. ._. April I, 1991, be ,__. dlis--S. wllicll C-=il~ llley W IIIICIIMd. SlleaiiMIDlt .. Ms. 0.- allllda't IIICIIII dlis CYCllillg. bal llley-11e111 dDar---. Ms. ..._. ..... ._is a..,__ tlac: 111ae1 mim tlac:a lllll • bca •~Md a pnllllca Aaally, Ille llid, ii lladlcn la• a ...,_._ bcl:ame * bcliews dlll tlac: pcqlle mlll ~..,. .. be Ille ID be ..... l1le acigllllofs uvc callod qularly. Alld tlac: lall tiae *called.Md .are will! Cale Em S * -IOld dley wae\.U)' wdl awarcoftlac: .-. Ms. HowlwlacllCICI * llllr.od6eawllll llley MR FUii toclo, wllll they ClOUld do about dais, Md llil-* to lier MR ... ""well. we -GIil. lie au the car, -ii around the block, pmts ii IOllleWhere dsc ... sben: is nothing we cu do." Ms. Howland advillOd thal she asked,• neighbors thal arc IXIIICallCd about sbeir ncipborhood, MIii -they suppmc so do. He then asllcd la if she had a ncighborbood walell. She said they do and lhe lllppem to be CXKllplain. He thm IUgesled 11111 she 1C1 the acighborbood to,clbcr and ID and talk to this IClll'!eeee Ms. Howland explained 11111 M1C11 she is out working ia bcr yard Ille ca liar this -. bis foul 1-,uaac 111d lllitudc. She llalCd Ille pcnonally docs not fed safe to ID ud talk to him. She poided OUI 11111 be carries a gun 111d always bas his gun on him wa-he is out iD his froal yard working on his cars. So. Ms. Howland Slid, they arc IQUy asking the Council to follow-up and find out •illl can be done about this ilme. (b) Marie Copher, 2139 South Giant Street, said lllll * is \.'Cl)' proud to 11atc to Council thal all of la OOlllacll with Englewood Police, Englewood Fire, ~ WIICb and Council mcmbcB. have always been fawnble and positive . She opillCld they aeed so help Council help them, ' ,. - •. •· • 0 , - • • Eackwoed City Caaacil April, •• ,,. Pap5 • 0 • which is why they see the rcprcsenlaion from their 2800 block on South Grant. Ms. Cophcr commented 1h11 Ms . Howland addressed the issues she was going 10 addn:ss. She added lhal she would like lo say in advance, dill mytbing lbe says is 11111 a criticism. If there is anyway sbe can help resolve these issues, she will volWIICCr hcr services also . So, she rciten&cd. these arc not ailicisms. Ms. Cophcr advised lhal she spoke 10 the coonli.-. o{ Code Enfon:ancnt and she feels they havc adequate people IO address the issues in Englewood. One ol her cooccms mi-be, she said, that Code Enforamcnl docsn '1 have enough power. She quCllioaed if they have adequMe power to cnfon:c these things or if they get adeqllllc coopcralion. Arc there cnougb RIies to gj\'C them the power lo sol\'C these issues? Ms. Copher commented that she finds when 1111c calls she pa recorder. She aid she knows unclimes 11111 is necessuy, but she fdt it was easy enough IOIYed by al lellll a call back. When lbe deals with --, she notcd, she would like IO know who is amped to dill problcm or who is following up with 11111 problem. She asked Council if Code ~Ima~ procedule. Wbcrc lbc rq,od is 1111m and on day two or tbrec there is a follow-ap, on day four or fiYC lhcre is another follow.up. She asked if they havc this in force now and, if not. Clllllld it be pul in place. Ms. Copher lllled llllc would like. rq,od back iflhcre is. n:solution and if lhcre is not a n:sollllion ... wlly lhcre can't be, so she Clllllld help, pcrllaps, do lhll. Al 2844 South Grant it is indeed m issue and, she added. for Ncipborhood Watch it is safety issuc ... lhcrc is a gcnl)cman lhll carries a gun. She advised she will do her s-1 in finding OUI why he is 11iU allowed IO have • weapon and have ii oo his person. 11e-.. wt •:age and. she opined. he is out ol coatro1. Ms. Copkr Slated she a1so questions his IIICIUI caplCily ID havc a 1111111 daugllk:r in lbc houlc. 1bc CXll:rior ol bis home is indescribable, bet she did bring pictures. She 6illl 1111c tlliab it is a fire a111c issue mo, rrom vision inside the house . In the p1S1 he has also had a problem with auclly IO animals. Problem two, she said, is 2836 South ~ whidl is lbc rear ol her n:siclcnc:c . She advised there arc as mmy IIC\'CII IO nine dcrdicl \'Chides, licmlc plllCs arc, OIi a rcgullr lNllil, dllllfllld from one vchiclc IO IIICltha". The vehicles oftCII block Ille alley. He ..... incnldiblc --o{ baildiag llllla'ials, if indeed be is in a ranodcling pn,ocss. Mlidl be docs bavc a permit, sbc aid sbc lbiab lhcre is a linlc better way IO ID about l10ring his llull'. Ms. Olpllcl" advi..a she Im aolifiod die Englewood Police coaccraing lbc bloctqc oldie alleyway willl -of lbcsc \'Cllic:lcs. She llalCd 1111c: was lilleaing to lbc rapome on lbc police __. ad they wcn: lllllblc IO locale Ille pn,blml. She w+iMli .... dley 111d IO be in Ille wrong alley OI' lhcre -• ---pm:qllioD problcm. She CXJIDIDCIMd -docsa ·, ................ aU . UllfClllllalldy, Ille llid, llllc: clidD't lalrc lbc lime, dale or die officcr's llllllllcr ... m dill will be aa ~ IICXl liac, if illdeed il ...,_ ...... Ms. Copkr .... • ,dim ~ is 4097 Soadl 8-:l, lbc liviltg cXllllliliaa o{ a lady and two small boys, liviDg ill a aac "--._ 11111 lbe also coasidcn I fire llamd. SIie said 1111c: docs not bclic\'c lbc cbilckal lllald ICllool ... -... ___. dlis widl E.,ac-od Sdiools ..... -f'CIIIOIIIC . Indeed, she noted, lllcy ~ I packlll ........... IDCI • day ad .... Ms. C.0,-, ...... lllis iar1iallar huadn,d block -IO ~ ~ \'Cllic:lcs • aU times. SIie aid, il llllc: is Cllll'OCl. • illvalid limlle, invalid emillioa, ilMlid illaace, is die clesc:riplion o{ ~ velliclel. .... is -for towing OIi 11111 block . She 00-C 1 ... llllc: lllillb lbcse U\'C l*9 lqlCll1lld -.a liacs. She said sbc would like IO come badt IO Couacil -lligllt aad hear what bas l*9 -. oa dleac ~ or speak with Code Enfon:cmcnt. Ms. Copher aid 1111c •'Ollld like IO md by saying lhll ha-pri.-y ~ al 2144 Soutb Cnnl, is lbc p carrying gcnllanan ..t lbc condition ol lbc home. The IIClloolillg ~ die dlildlal al 4097 South Bannoclt and• W II IO Mldller dlcrc is I onc-two-dRe <Xlllc Cllfat,c I C I litaCiaa wllcre they do follow-up , ~-And if illdccd lhcre Clllllld be somebody lo .. IO for• nip C ol dulics ia Code Enforccmcnt, if they havc ..... ability . Council Member Bnidshaw pointed out lhll Joyce Panons is in lbc audimcc ..t sbc med Ms. Copkr if she knows who she is. Ms. Copher said lbe docs. She...,.........., dlll a lat ol dleae an: qia1iw ad 1111c: kind o{ gol lbc cart bdi>R Ille bone. She explained that wblt -is ..... ii. if indeed they amt lldp. 11111 sbc thinks we nood IO llclp them. Council Member Bradlllaw agra,d. yl •· • 0 • • Eactn,ood City Couacil April 6, 1991 Pqe6 • 0 I • • Mayor Bums DOied that we have a Code Enforcement AdviSOIY Coouniuee also. that is trying to review all of these processes at this time. Ms. Copher Slalcd that ifs&affing is a problem, Id than bave more bdp. lflbey don't get the backing of the people Ibey rq,ort to or Ibey arc aot allowcd, for some reasoa, to follow-up or Ibey can ·1 follow up, then there is a reason why and let 's get them help or undcrsland better why Ibey don 't have a one-two-three policy to follow-up . Council Member Nabholz Slalcd she also received the Idler from Saadi Olleml. dated April I , 1998, and sbe will giw it to the City Clerk to put into the ra:onl. But this, she BIiied, Im been an on-going problem for --1 years and she bcndf Im complained about this. She aid dlll she is also willing to wol1t with Code Enforccmeal in wlllle\u capacity. But, she ltaled, she thias -need to get to the bottom of this, and get -answen and get -raolutions ... aot just putliDg -air in a tiR and driving it around the block so it can sit in the -spoc for another 72 hours. Ms . Nabholz promilDII Ms. Copher Ibey would all wort together and get this taken care of. Ms . Copher said lkl 'Oald like to give la a wte of confidcncc bcc:ause sbe la stood for us as Ibey all do, as Ibey arc all in this roca bccausc we arc all concerned. But, she COIIUIICIIICd, Ibey say a pictun: is worth a thousand wonk and Council was very welcome to the pictures she bas. Mayor Bums advised that she could make them pan of the record if she would like. Ms. Copher said yes and noted Ibey arc aot labeled. but sbe could do that and leave them with Council . Ms . Copher Slalcd we do have a good city, but she 111ggcs1ed we all wol1t together, aot fight amongst each other. (c) Lela Fryman, 1429 Wcst l.akc Court, Slalcd dlll sbe IM:s in Littldon, but she has two ddcrly aunts dial liYe at Orclad Place and she has a aiuplc af coacems fiJr them, bccausc she is a caregm:r for them. One of things that IIOllbles her is lhll Ibey RIIICMld the dlairs from the lobby and put in these very hanl bcncba; with ao bacb. She poinled out thll la .-s are 12 and as years old and Ibey can't lit iD tlloa: chain to wait to be picbd up 111d tallCII to u appoi,._ bis just too apliziag fiJr them. Ms. Fryaa llaed Ibey did ave dlairs lllll 111cy all MIil ..,.._ ad bouglll for thll pulpOIC:. bul Ibey said Ibey doll 't --.. siaillg out tbcrc. So Ibey took these nice padded dlairs out and put these bencllCI ia. SIie ........... ii ... CIOllld be raolwd ia-way . Ms. F..,.-llated the oda ClllllllCIII is die -pnillc pnadllre _. dlcR. If you arc aot a n:sidcal you hlYc to III iaD die llllildillg. get a plllillg pcnait, brillg it lladl GIil ad p111 it OIi your c:ar and then wa you -lack. YOII ave to get die permil out ar your c:ar aad llkc it llml. h is a four-uip thing and. she said, it -like dlcR **'d be a bc:acr way to do dlll. SIie aid * claelll 't know if 1h11 would be a visitor'' plllillg lot ilr eiglll visitors vdlides. thcre always -to be plally of puking. aot IXlllllliDg the Malley ICCtiOII. Ms. Fryma awmcnecd thal she dloupt die visitor's dliag would work. with the n:sidcals realizing Ibey cu 't ..,t thcre. Or, she said. she also........_ ilr people who are there like she is. two or three times a week. if Ibey could be gm:a permits to put up oa dlcir dadlboard whenever Ibey arc there so that its aot this in and out, in and out, business. And bClcaUlc she daea 't want a tidrc( C\'aY time she Feil there. Ms. F~ advilDII dlll today sbe WCIII there and thcre -ao -ia the office to giw her a parmg permit. She said she had to ..,t thcre and she -in thcre about • llour and fiftoea miaula trying to help la .... with la~ bcalth insurance thing. When she came out dlac -still nobody in the office. So, she lballcd, if Ibey arc llill Fing to baYc Ibis pat-, dliag. dlCII dlcy lulYC to baYc IOIIICbody OIi duty al all times. (d) Millie Butler said she raidcs at Ordlanl Place ad Ms. F~ is Ila lliocc. SIie lllled they hlYc quite a pniblem with thole bencbes. they an: too IIDClllllfunabl ad dley -.Id -lilc to lulYC --raolvc this situation . She IIOlcd it is hanl for them IO lit dlac, 111111 dley IWoald liK to lla\'e a few ' " - •· • 0 l Enpewood City Council April 6, 1991 Pace7 • 0 • minllles, once in awhile, to go down and visit with their friends. But they would rather they would stay in their apartmcm or go in another room. However, she noted, it is not al-,s convenient, as there arc still people playing cards and things like thal and the room is quite full. She said she thinks thal is pretty nice, but they can't all do thole thinp, it's just a small place. So, Ms. Buder said, she would sure apprcciatc it if Council oould do something about this, put chairs in theft and land of bclp them a bit more . She rcileralcd she would appreciale thal vay much. (e) Annctlc Carter staled she is a resident at Ordlanl Place apartmems, an Englewood Housing Aioority building, and she has li\'Cd the~ for a little O\'a a year. She advised that two and a quarter years ago she bad cigbl losses, one of them being her vision and she was aJIISiden:d homclcss for awhile. Ms. Cancr emphasized thal she was extrcmdy thankful and gralCful when the Englewood Housing Authority came through for her because she had no where to go. So, she reiterated, she is vay thankful. Ms. Cancr opined that the Englewood Housing Authority is a pat o,paization and they have clone a lot, but there arc IOIIIC J1IOl!lc-. The one problem that the other two were talking about with the bcncbes, they tried to make a small improvement One of the <:0ncems was tbal they were too low. Ms . Carter described the benches as hardwood, with slats with spaces between them. they arc clccp and most of the wall that the south bench is on is against part of a wall that is out and then the wall is inset So, it is too far back and they can't sit up . "SIie painted out that a lot of people have back problems, leg problems and for most of the bench the wall isn 't.CWIII thcrc at the back. One of the <:0ncems was that they were too low, so they made an aaempt and they nliscd them IOIIIChow, put,ometbing on the bottom of them and raised them. Now their feet dangle as a good portion of the residents arc fairly shon. She noted she is lalk.r than some of them even though she is just five two. Now that they arc higher her feet can't touch the ground and it cuts into above her knee. Ms. Caner opined thal it is just not a comfortable chair for any person of any physical shape. She said she sees their point where they don't want to ICC people wgossiping", having a social hour, spending a lot ol time in the lobby, She noted Ibey said that that lobby is for when they arc wailing for rides to doctor's appointlmenls and waiting to be picked up . If they were in wllal they now call the libnuy, with the a>mfortablc furniture, they can't sce when their ride comes and their ride can't part the car there and a,mc and Fl them without one al thole parting i-s. So they aeod to be there. Ms. Carter commented tbal they went to churdl Sunday and some were theft for IIJmlll • hour, as people forgo« about the time change. It was uncomfonable and everyone was in a,oay. So they would like help in JClling through IO Englewood Housing. They made that 11tempt with l'llisiag them, but it is still not right It is excnaciatillg for tllc people waiting there, IIO they would like llelp MIii ..... Ms. Caner said•Glla' .... -die pning, dial Ms . Fiymm -lllllilig ..._ A lol oltimcs thal office wiDdow is down and Ms . Fryman is really afraid ol JCIUIII a tidlct. Slie lalaalod die office window is dowll ad~ ia't ..,_ill~ wlac she ca Fl•,_...-. Ms. Cata-pailMd out thal Ms. Fryaa ._ ._ IIIIIIS 111111k c:an:s for , 1111 it is rally a ClOIICCft. SIie doea't wat ID Fl a tdCl while caring for lier aats. Ms. <:.a lt.1*lCI die third thing lhc ._ is about the~ 8*iaaioe olBrnldway and Girard. She DOied dial. • she aid, sllc 1181 been llae a little more dml a year in dlis IICipbortlood wl she is a very pJOd lnl\'dcr. She said 11111 CVCII tllougb her sigbl is pac 1k is a WI)' pJOd lnl\'dcr. BcfOR her time. llbc said., for DDC rcama somebody bad the idea al doing the 8lldible dlirp .... it is a pedelUiaD croaing. She noted ~ arc a hqc _.... ol rcsidcnls thal arc llcariag illplind. Ms. Caner aid that she can i- the chilp and she CXIWlled about two and • half sccoads long. It is a wide ialcnecliaa ad wllen it is die pcdcslrian aOl5, she said, ~ is turning trafric from two direclioas c:miilta 6-die King Soopcrs ,oing cast and then north, tbal would loYc IO run )'OU O\'CI'. Alld goiag Mil ad dlCII ... dlcy would jUll loYc to run you over. Also, she advised. people pull up IO 11ap • a liglll ad dley 1111p ca die wbite pcdeall ia crossing lines, which is impoaiblc and thal is C\'CfY"-here . Ms. Cata-DOied it Wllllld be aic:e if a sip were put up for this ICl(:Olllf issue, about them parting on the white 1incs, 11lrft a'C lips. Ille said, lilc dlcy llavc in some places. that say Melo not ..,t beyond this line" or "'tllis ~ • SIie..,.. Ille._ beat told, ~ganling the two and a half--.d pcdcltrian aoaing. thal • IOlls • it c:llilpl 11111 dwft is Ibis lighl 11111 Im this pcnoa, the symbol. for pedestrians IO aoa. She s rieiaed it is GIiiy about ._ ..Sa llalf' • • 0 ' En&kwood City Council April 6, 1991 Pace I • 0 {• • seconds, lbal lbal is wba& it IOUllds like lo her ear. Ms . Carter pointed out lbal she is able bodied, it is just her eyes lhat arc gone and she is a vecy fast walker. But. she said, for an able bodied person, able sighted penon, it is impossible to sprinl across that in&c:rscction in lbal two and a half lleCOllds and you also have lbal turning traffic. ~ bad the idea to havc lhat audible chirp, lhe said, which was maybe a good idea. but it -·, caougb. It is vcry clangema. There arc • lot m llellior and bmdic:appcd citizens in that neighbodlllod. Sbe ratcnMd tlal lhe is a fast walker, but it is nol CDDUgh time, lbal it is exttanely unsafe, as well as the road itldf Im a lot m gullies. Sbe poimcd out tbal c.ouncil -her friend Millie Butler come up here with her walker and there is no ,ny. Sbe said Ms . Butler now has a sturdier walker and she can travel on more challenging terrain a little easier than lhe could before, but there is no -y someone like her or anyone can get through 1h11 intencction with 1h11 two ad a llalf accond pedestrian cross. Ms. Carter acknowlcdgcd 1h11 Broadway is a busy street, but she felt lbcy should be fair to the pedestrians as well . (f) Mary Siena, 342S South Shennan Stn,et, advilCICI tlrlll lhe Im lived in Englewood since 1964, worbd • Swedish Jbpital for 11 years. she is a member mdle Fnlenlll Order mEqles an11 has been a member there for about 30 years. Sbe said she was the Presidelll lhn,e years . Ms . Siena emphasized that she has oevcr bad the problem or watching people suffer die ,ny the lalior citizals at Orchard Place arc being treated. She said it is old age , that Ibey can't sit on those benches. Thar backs hurt, their legs bat ad wily, lllie asked, do Ibey ,nnt to kick them out m the lobby . Evecy place has a lobby . She mainlaincd it is becaulc the secretaries can't coacea1n1e on their wen . She asked bow many or Council oould sit-on those benches for an hour or a half• hour. Sbe said no1 vcry many and that she can't md the senior citizens can't She stated she 1w nevcr bad any problem before. she has always helped people. Ms . Siena advised that she helped abused cbildrm, sbe bad a charity for abused cbildrm, for the Fnlla'llal Order m Eagles and she helped people when lbcy nmled help. Now, she said, she is• a lcJIS. She Im klll the eyesight m her right eye and she has 60% on the left. Sbe noled that by the time she goes to the doctor next aondl he will probably say 80%, she docm't kmw, but she can't -vcry well . Ms. Siena Slated tbat 11cr family is no1 a,ming around bccaulc m t11c abliphON mOrdllld Place. She said Ibey used to a,mc all die time, lhn,e cbildrc:n .•. two girlsad-lloy ... ad lbcy used to a,mc all the time, altcraalC . One girl and two granddaugturs arc coming-.* lllid. ad tlrlll is all . lbc others can't park, can't leavc their car and go in md thal 's wba& Ibey arc up apiall Ill On:lmd Place. Ms. Siena stated it is a disgrace and, she added, she has lived in Englewood siia 196'. (&) BneflJ O nrim 3118 Soulll LiDcolll Sllllll. llid * is ...... for llcndf, VClla F...t and al theac adlCI' ladic&. Slicaaled 111c Im boell llcn: bdon:. ML c-im __. dlcy uvc a problem ovcr there ad dllJ ... c-:il's llCllp. SIie aid* wt. for AllpliNlc ~ Ki I ers wl lbcy arc trying to keep dice pcc.,rc ia dlCir bona.: 1111ppy .: dlcy arc .-. dl:fralod by all l'lis otllcr ptiqc. SIie aid sbe goes -Amity. Bladlcy Holllc. Al-. o.t. Siaa Ccaer ... On:llllld Place. All 11111 On:lmd Place 1111\'C 'abllia. luM nice dlaiR. aJUda ... tlliap 'illc ... for dlcir pcc.,rc . TIiey arc aa1 cxpcacd to Iii ca a dllaed aid dab. TIiey arc appRICialod . ML c-im aid tlrlll * docs aa1 t-* tbey-¥Pociad _. • <>n:111n1 Place. a11 t11ey want to do is .. rid m...._ Bul. * lllid. • ... •the other l'liap. die otllcr ladies bavc prcay au::11 said cvaythiag ..... sbe -.... to say . E-,c. * med Council. .._ -w they like for aomd,ody to aJIIIC in after you finally .. -emirs in the lalib)< _. go into ,-._. and talu: ._Y your easy chair or your CXJUCII ad talu: it OUl m your boulc. This is their homes. nol bousing 's. She pointed out that Ibey don't live there, l'lcle folks do and lbcy bad their dlain pullod OUl from under them and Ibey put this slab in there for them to Iii OIi and it is .. rig'IL Ms. CunwiDs llaled Ibey aced c.ouncil 's help, that Ibey have helped bcfon:.: they IICICd Couacil 's llclp apia. Anolher tbing is the parting. she said, and it is abmlutcly asinine . Ms. CunwiDs advilcd 1h11 she has two hours to go to her pcc.,rc, if thal, and she •ill nol go in four times for the permit wa lbcy used to get one for the whole year. All they bad to do was Slick it in their back window.: pat MfftYCr tbeR - partillg available. She opined 11111 Ibis is j1111 •upid to dlim tbal pcc.,rc arc piltg to do this. Sbe said they also ....... they could llay iD dlcir -and have IOllldlocly buzz. Ma. c....... albd ..,.. may bus drivers, taxi drivers. c'iff'Cft:111 pcc.,rc like thal, arc going to talu: time to 1U11 in and buzz for tllclc pcc.,rc to a,mc frum the sixth or ICVClllh floor, until Ibey can get down for them. She -i•eincd lbal is ridiculous ' •· • 0 , Enpewood City C•acil April 6, 1991 Paae9 • 0 • and CYCIJbody "-da they don't have that much time and neither do they as bomcmakcrs have that much time to pf around wilh -foolish thing like this. She said lhc dicln 't even know anything about it, 111 lhc is glad to know lbaul it But lhc is llill not going to do it, bcclllle she does not have time to mess around like dlr. She llaled lhc is lhcrc to take care of thole people, not play around wilh the housing committee, willl their permits 111d all da prba,e. She said lhll is not MIii they ue here for and their lives arc IOo diolt IO be mcwd a,oad wilh like this. They need the lapec( 111d a,mp,ma &om CYCIJbody . Ms. CaulliM opiaDd 11111 if the folks al housing can't give them the CCIDlplRion, Ihm they ue in the wrongjab. (II) Joyce P--. Code Enforcemelll Field Supcrviaw, aid lhc wanted to addras the issue of the an. StRld adlftll for a few minulcs. Yes, lhc advi9ed, they ue ann: of that problem boule and Lany Media Ila bca dcaliag widl diem for awbilc . '111c can that are pabd cm the llnld are lepl, licclllod ad opcnble, a aid. SIie ~ they look derelict 11111 the OIIC in bis dmcway looks cladicl. 11111 they an: liceMml ad they ue openblc. 'J'heftfore, Ille llaled, wm be pa,11.s on the llnld, and be does have me cars, 1h11 we do aot have• onliunce that ldls people how many cars they can have or can't have. Ms. Panons DOied be did have one oftbem lhll has had ftal tins 11111 be has been tickelCd for that. Rcpnlillg the appearw:,c of the house, lhc acknowlcdpd it is panially paiJUd and it is brilliant, but ,iwe don't have 1 ·• • ·« Ii_ Md -can't tell people what color they can painl their house, there is little we can do about 1h11. She aoted be does bave a problem wilh bis yard and keeping up the appearance of the yanl and .... froal yanl for ltolllp:. 'lfc has been pa IIOlices OIi that, lhc advised, and be didn't comply ia the period of time, we polled tbeiloulc for clean-up ..i be has five days to do that, odlenrile be will gel a liUIIIIIIOllli to aJWt for the unsightly house . As far as it being a fire Im.ant, lhc said, we can't cldamine 1h11, because -can 't go inside and malu: a housing inspection wlless -ue invited in. She mmPJC'fllCd that die docsn 't think these people will invite us in. Rcpnling the llllller of him canying a pa, Ille acbowlcdgcd be docs, lhll be is .....-UY a~ officer wl we UDdenland lhat be sbouldn '1 be ainying a gun, pointing it at M)'body or lhl r · g -,w wllal be is 11111 on dmy. Bui apill, Ille aid, lhll is a police llllllCr and we have informed die ncipllors IO call the police departnall wllal dlr is hlppeaing, bcclllle ii is not really a Clllde mbc I I ~- Ms. Panons advilCICI 1h11 the boule on Sha.-StRld has '-denlic:l YCllic:lca, they have eipl all ..,.._ ad they have beell pm a -IO court for dleir denlic:l w:llic:lel . We can '1 r this time tow vdlidcs off ofpriwlc pra,aty without the owacr's paaiaioll, a aid. 'J1IOle lhll are cm the llnld. that are dcn:lict, are ~ *--. and ca be towat if dlay an: 11111 _. willliD the 72 boun. So, Ille said, they have Wllllled ..... She pointed out, rqanlillg the housing inspections. beallh and llllitrion, that we caano1 dD 11111 ml nor-'ly the building...,.._. does that fn, unlea we an: invited in. Ms. ,._ advilCICI lbr they do WOik wilh Building IO do thole iNpN:lioos Mal they ue asked. SIie aid she -glad IO gel the pidula, but 11111 they do have dlOlc picbaa 11111 Ille -1UR: they will be in beacr IOldl willl die aeipbon. SIie ... did ii doca 'I appear they an: beiq iaohed, but lhcrc ll'C pn,blems did are Slale laws that we CIIIIIOl ll!IDM. We have 11111 beell lllle to ldl people llow may can they cu llaYe, she advised, and. if ii is a public llreet. we can '1 tell diem they can't .,.t on it. We do tell lhcm, * said, did we can cwiclrr ii ltwMla 1 if ii isn '1 driWII ar Ulal ew:sy 72 lloun. SIie aid Ille -W be willillg IO -any other quellions eo..ciJ mipl llaYe. Mayor Bums noted 1h11 the Code EnfORlCIIICIII Task Forte should....__ oflbele iaa ml mme back IO Couacil wilh --imormalioll. He COIIUllellled dlr it jUll -likc ycu bads are kind of tied, 1hr lhcrc is a situalion there 1hr has been ll)iag on for a loag lime and bis qucsticm is wby e111 '1 we do IOIIICtbing about this . And. Council Member Bradshaw asked, why does it have to gel 10 die ,._ that ii is ID borrible before IOIIICtbing is clone . She noted lhal is a (11111nlioa she al111 -. • a raidalt of the City . •. • • 0 , • • • Englewood City C011nc:il April 6, 1991 Pa~IO • 0 , . • Ms. Parsons said thal this house is also a renlal property and they are in the process of getting in IOuch with the property owner. The tcnanl is telling us that be is buying it, but the County records don't show that. If be goes to a,urt, she advised, the property owner will be taken into court with him and be will be cited too. Council Member Bradshaw asked if Ms . Parsons thinks there is an inherent clanga-to the citiz.ms in that block with this ,cntlcman ... or if that is an wlfairquestion thal she shouldn't have asked her right now and thal is oby. Ms. p._ said sbe docsn 't think there is a real danga-to the citizens, bccausc none of them will talk to him and it isjull • well bccausc be is very angry. She amuncntcd thal she doesn't know ifbe is mentally inoompeteal, but she knows thal be holds down • job everyday. Ms . Parsons said she knows there se two brothcn and their family that live in the house and they have lived there for years. 'Ibey bavea 't. been tDewMllblc with her or oodc enforcement. She Slated she bas been out there herself. but she would inagjDe be could be and be should not be carrying the gun around in bis civilian clothes, unless be is going to and from wort. Then, Council Member Bradshaw said, that is the matter that the rcsiclcllts should call the police ... when they 1ee that. Ms . Parsons said that is right. Ms. Parsons Slated thal she beard about the animal auelty after the fact, thal we don't have anything in our records that we were called when there was an animal cruelly problem and we would have handled it at that point. Council Member B~ asked if this propen, is one of the_. in Englewood. Ms. Parsons said no. Ms. Bradshaw thanked her for her effons. • •••• Council Member Bradshaw stated that sbe is cooa:med about the_. of complaints from the Housing Authority property that the Council is bearing. She said she really thinks that llCleds to be addreued . Ms . Bradshaw asked iC tbele rcsiclcllts have talked to the oouncil at their building or the Housing Authority llilaff. She commemed she really thinks that is a critical maacr that needs to be addreued. Mayor Bums agreed. He said that be can't really speak to Ibis very much. bccausc be is oo the Housing Authority Board and be bas been advised by the City Attorney that be is Clllllflic:tcd, and anyone on Council would be, al this point. He asked if there WM uyone from the Housing Audlority pRIICIII . As Jo Hamit, AssiSICd Housing lilallaga. WM present, Mayor .Bums asked thal she come forward and address this. (i) Jo Hamil, AssiSlcd Housing Managa-for the Housing Atoorily, said she WM here to just make -points. to give Council 10111C information. Bccauae. to bcr "-ledF, tbele iaa have not been nlised with the Board of c.ommislioaas o( the Housing Ambority, sbe said. TIie aclioo of the benches in the lobby WM taken • the raull of an ovenwbdmillg fflqllCll. &om die ma.jori(y of the iaidalls in the building who wanted to reduce the IOcial activity ill the lobby --BecaUle people fdl there - people that sat down there • lo( of time and gouiped. Ms . Hamil noted this a.le them feel UIICIOlllfortable and a.le their guests feel IIIICOlllf'ortable coming in and OUI of the building. She advised that the raicleMs do have a nice library, jllll olfthe lobby. 'Ibey jusa received new furniture in thal building, which the resident's oouncil selected . She opined ii is a very nice room for the raidcnas and they do have a window in there where they can look outside to the main entrance an:a of the building to wait for rides and look for people that might be picking them up . In addition to that, sbe uid, for thole that don't know about the layout of the Orchard Place building, there an: lounges oo each oC the Ooon. where people can visit with their friends and relatives . Also, there is a commwlity room jUSl to the south of the library, which is allo available for people to visit. This issue WM brought before the raideml'1 CIOUDCil al a meeting in Mardi and there WM a lot of discussion on this. lhc: said. The IIIOlion that -a.le and ..-l -thal the benches Slay in the lobby arQ. but there was no problem with people pullina OUI a chair inlo the lobby to wait for a ride so thal they could be comfortable. Ms . Hamil advised that -the IIIOlion thal WM pa-i and slllfr bas no problem with thal. She said they are really jUSl Uying 10 reduce the activity in that sea, thal they have bad problems with paramedics trying lo get in and out of the building. And they fdl there ,,, •· • 0 , - E•&lewood City Coaacil April,. 1'91 Pace 11 • 0 , . • was a problem wilh having a lot of activity and not being able to get lhrougb lbc lobby area. They do have a businas office there, she advised, where, if people want to have a oon6dencill CXMMtlllioa wilh the propcny managers, at times, it is very difficult if therc is a lot of activity pillg oa in the lobby area. In addition, Ms. Hamil Slid, she wanted to poilll out to Council dial dlcn: is • illlcrllal lobby area where folks c:omc: in and buzz people to gd iDlo the building and dial dlcn: is ---._ there. She noted lhat in 11111-they do bave a -comfortalllc bench ad dial -is ..... ID ii is DOI like people are lilling OUI in the cold there. Bui that is -,cha--when: they can wait for rides, wait for -to pick tbcm up or wlllleYer. She aid they have allO told people, wbo are --..,y widl dlis decilioa, tbal they would be bappy to buzz lbcir aa-tmcDl if a laXi a,mes. Or if a bus comes md is waiting for them they would be hippy 10 run acrcJ11 the ball and Id them know lbcir ride is dlae. So, * poilRII out, they have tried to -t with die n:sidalls. Apia. lbc aoted, lbc OYCnwllclmillg i..-dlcy llave lad 10 pulling the bc:nchcs in lbc lobby area, which they did as a raialt of people asking 111cm 10 do dlll in lbc finl place, has been very polilive. Ms. Hamil advised that the other thing she wanlcd to addras was the pllting illUC, 11111 that was a mrprisc to her tonighl as she did DOI know tberc would be complaints. Most of the people in the building know that we are -"mg• tic pairing illUC, lbc said. Whal they are trying to do is IDlkc sure that all of the rcsiclcllls in tbc buildillg llave a ,-iiag space. Most of the residents know that it is an on-going process right -· She.__. 11111 wllCII they find out Ila there are enough pllting spaces for the rcsidcllls in lbc building. then they will by to look at 10111C alternatives for visitor parking and parking for the ho11sekeepcrs and aides lhat c:omc: in OD a regular basis. Ms . Hamil asked if Council had any questions. Council Member Waggoaa-askcd that she explain lhc make-up of the rcsiclcnt' s Ql)IIUDiUc,c that voted OD dlanging tbc ICalSer llecping lbc bc:nchcs. Ms. Hamil explained that the new cxccutive din:dor, Cliayl St . Clair, wbo has been there lincc July of last year, came in and ltlllcd having round llblc dilCUllions with rcsidcllls C111C1C a....._ And this, she advised, was the saull of CMIWbclming a,mpllints from the people wbo came to the round llblc dilCUllions and also the complaints they rcccived on a daily basis. So, Couacil Member W...,.a Slid, the raideals a,mmiaec are rcsidcllls ll Cln:hanl Place. Ms. Hamil advimt that the l'CllillCll&:.COUIICil is made up of each pa-. that ma dlcn:. She DOied that they did DOI make tbc dccisioa. pul 6c bcndlcs ill, buldlcy did cndol'lc it ll a meeting CID MlldJ 12•. Council Member Habenicht said lbc was not sure she uadcnlOod. SIie llllled if all of Ille rcsidcllls bcloag to this council. Ms. Hamil lllllcd they are all a ..-.bcr, ~ dial Ina dlae Im CNIC YOtc CID tbc residcnl's council and they Died once a moalh. She slid dlis ~ -railed al die Mln:la lllediDg md tbc motion that was finally made, after aJllsidmblc disaaioa, -10 .... beKilel in tbc lobby, but allow people to pull • chair out of tbc libn,y. She COIDlllCDICld that dlcn: -aimfonablc chairs in the libnry. if they are waiting for a ride or if they doa 't know wllCII Illar ride is pillg 10 mow up. Council Member Habenicht said she -jua curious and aaed wllll tbc vote was. ML Hamit slid • did DOI have that wilh her, but that llbe thought 33 people were there and it was 31 to 2. The minulcs jua came out today, she aoted, and. mm't lad a dance to really look 111cm CMr cardully. But,. pointed out, it was a very strong VOie in favor of keeping the benches there. Ms. Hamil said that the other thing she wanlc:d to lllClllion was Iha& they have 10D1C wriacn acc:oladcs from people that are very plcued to have the benches then:. She explained dlll lhc bcncbcs came out of Cinderella City and I lot of people are very pleased to hive a pan of the Cindcrdla City hillOly in Iha& building. • -----·' • • , -• • t• • ,, Ea---City Cemidl April ,, .,,. .... 2 Council Member Waggoner asked if those benches an: made such that a back could be put oo them fairly easily. Ms. Hamil noled they an: pretty long. front to back, thal they aR pretty deep. They might be able to do that. but. she pointed out, tbcrc is a dowel thal goes tluough ii and she -not 11ft if they would be able to main them in their pra!Clll llale if they did that. Council Member Habenic:lll lllked if they have ever been provided with crplllDIDica IIUdiel m appn,priale fumilhinp for, apccially, the ddl:rty, a ., many of the residcals are ddl:rty. Ms. Hamil 1apooded, to her "-lcdgc, thal bas not been clolle . They uy to give the iaidcnl's council a much leeway a they can in deciding what kinds m fumilhinp they want to have in lhal building, she DOied. She said lhe -not IUIC, but lhal lhe did not bcliew any CflOIIOlllics lludics baw been done. As there were no other c,alionl from Council, Mayor Burm lhmkcd Ms. Hamil for coming. 8. C-.••katiolu, Pl'Klaaatiou ud Appoi.._.. (a) A lcUcl' from Sandi Oaema indicaling her resipalion from the Englewood Public Library Board was considered . • COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEPT Wl11I REGRET THE DSIGNATION OF SANDIOSTIMA FROM THE ENGLEWOOD PUBUC LIBRARY BOARD. Ayes : Nays : Mocion carried . Cooncil Memben Nabbolz, Gama, Bllldshaw, Habenicht, Waggoner, Clapp, Bums None (b) :nus Agenda 11e111 -IIICMld fonwud. -.soc pqe 3. (c) 11lis Agenda Item -IDCMd fonwud. See pqe 3. (d) 11lis Agenda 11aa -mowd fonwud. See pqe 3 . (c) 1llil ~ 11aa -IDIMd folwant. See pqes 3 aad 4. (0 11lis A,eada IICID -mowd forwanl See pqe 4. (g) 11lis P""CfaeMion -coasidcrcd prmously. See pqe 2. (II) (i) 1'llil flfl'rtlli:IM•Mlicioe• -coasidcrcd prmously. See ... 2. 'lllilpi io9wcoasidcaedprmously. Soe.-.2. 9 ......... No pablic llcarillg -lldledllled llcfoR c-il. 10 . C.....A .... (a) COUNCIL MI.MKR WAOOOIIIK& IIOVD. Alla ff WAI l&CONNa, TO Al'l'IIOW CONSENT AGENDA ITDI II (a) (I) ON IPIIIIT aAMNG. ~-~·' ·- .. • • 0 1-- • 0 • Ea&lewood City C•adl April 6, 1991 Pacell (i) COUNCIL BILL NO . 7, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AlJrnORIZING AN INTERGOVERNMEl'IT AL AGREEMEl'IT BE'IWEEN 1HE COLORADO WATER CONSERVATION BOARD OF 11fE STATE OF COLORADO AND 1HE CITY OF ENGLEWOOD, COLORADO AlfrnORIZING AN EASEMEl'IT FOR 1HE CONSTRUCTION OF A CONCRE'IB BICYCLE/PEDESTRIAN PATIi ALONG 1HE SOlITH PLATTE RIVER CHANNELIZATION PROJECT. Motion carried. Ayes : Council Members Nabbolz. Garrdt, Btadshaw, Habenicht, Wagoner. Clapp. Bums Nays: None (b) Approval ofOrdinanccs on Second Reading MAYOR BURNS REMOVED.AGENDA-ITEM 10 (I,) (ii) FROM 111E CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND ff' WAS SECONDED, TO APPROVE CONSENT AGENDA ITEM 10 (II) (i) ON SECOND READING. (i) ORDINANCE NO . 21, SERIES OF 1997/1998 (COUNCIL BILL NO . 82, INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING AN AMENDMENT OF 11fE PLANNED DEVELOPMEl'IT FOR CORNERSTONE PARK (SOlITH SUBURBAN PARK AND RECREATION DISTRIC'I) AND INTERGOVERNMEl'IT AL AGREEMEl'IT FOR 1HE INCLUSION OF 2 IN-LINE HOCKEY RINKS, I SKATE PARK, 4 INFORMATION KIOSKS, 4 SHELTERS Wl11iOUT RESTilOOMS AND 107 ADDmONAL PARKING SPACES. Voterealta: Nays: QJuncil Members Nabholz, Garrdt, Bradshaw, Habenicht, Waggoeer, Clapp, Bums None (ii) Mayor Bums IIOICd thal Agenda llem 10 (b) (ii) is die Wm Union Avenue truck route designation and he is in fawr oi the council biU . But, he llid, he would like 10 clarify what it means 10 have a truck route dimioatod and what lbal means as r. • fubR llllffic is concemed. He asked if lllCl'c was anyone prelClll from Public Works. Cily Manager Sears advilcd 1h11 Eaplecring M-,cr Rick Kalun and Division CbidTom Vandcnncc WCR praent. He commented thll Tom Vanclennc:c mighl want 10 talk about coforc:emenl actions . Mayor Bums asked Engineering Manager Kahm 10 talk a little bit about whir it means to designa&e a truck route and then n:move it. He quCllioncd whal lbal actually -a far• future llllffic and future truck traffic is concerned. Mr. Kahm explained tbal Wider existing ordimnc:a the Tnffic Engineer actually bas the BIOOrily 10 designate truck routes . Thal is where the aioorily lies. In this particular instance, he said, there was a request by Council 10 remove a truck route designation on Union Avenue, bdwcen Federal and Clay Sueet . From a ICChnical, professional lilandpoinl, the Traffic Engineer did not .,ee with tbal, he advised, and thll is why -are passing an ordinance to lbal affect . The ordinance that is before Council this evening, for second miding, simply removes 1ha1 truck route designation from that portion of the roadway . As wrillCII. the onlinancc st ill leaves the Traffic Engineer with the discretion of determining ..... •· • 0 ' t:.apewooll City C..acll April 6, 1991 Pace 14 • • • what kind of IIUck n:slriction will be placed on that roadway . And, he poillled out, tbcrc are a loc of choices. Thal section coulcl be n:slrictcd and signed as "no trucks." Thal ratriclion would prohibit any IIUck from passing tlvough that section of roadway, including pick-up trucks. There are OChcr clcsignalions, he said. We coulcl put a designation of"no trucks om-7,000 pounds cmp(y weight." Mr . Kahm noted that is one we kind of favor, in that it would allow pick-up trucks, bul would lake all larger vehicles offthal ICICtion ohoadway. In raponlC to Council Member Bradshaw, Mr. Kahm confirmed that the 7,000 pounds was empty weight Ms. Bnldlhaw asked bow big that truck would be. Mr. Kabm ldviled we have talked to a number of manufactlnrs and mid-med pick-up trucks will weigh in the 11A1S 3,000 pound range . Full size pick-ups will nm anywhere from 4,000 pounds for a balftoo pick-up to in the 5,000 pound range for a% ton, to in exQell of 6,000 pounds for a one too pick-up. And thll, c.ouncil Member Bmdlbaw said, is empty weight Mr. Kabm said yes, that is empty weight. So, he coaunenled. when they ace a lqc pick-up truck, typically ones that have dual tires oa them, thole are large one ton and thole would typically have a tare weight up in the 6,30016,400 pound range . Mr. Kahm &tiled thal 7,000 pounds is a cut-off that restricts pick-ups versus larger vehicles. Council Membe1'81admaw asked if that is asia" to enforce. Mr. Kabm advised that they think so. He said he met with die City.MaapSean and Safely Services Din:ctor oi-last week . Enforcemenl is an issue, in that we don't have-'cs. He poilllCd llllf1hal"ifwc swt talting weigbl, and can't easily distinguish what that means in tenns of types of vehicles, enforcement CXJUlcl be a ral problem. But, from an enforcement standpoint, it would be ral simple for the police, if it is a pick-up truck, it is probably legal, and if it is larger than a pick-up truck, it is probably suspect and should be pulled over. Mayor Burns asked if the regilanlion shows what the empty weight of a llUck is. Mr. Kabm said he believes it does, although he has a pick-up tJUck and he looked at his tonight and he was WUlble to ddermine what die number was on thelc. He noted he thought it aid his IIUck weighs 4,000 pounds. Council Member Bradshaw SlalCld that hers doesn '1 have it on thelc. Mayor Bums COIIIIIICIIICd thal thelc was some discussion as to whdher that would make it much easier to enforce. if you CXJUlcl just look at the registration and you could ICJe what the weight is. But, Mr. Kahmeilvilcd.·• talUllg IO&afety Services, thll type of ftbiclc: would be the easiest thing to enfora:. • .. So, Council Member Nabbolz said, ii would be type i ... ead ofweigbt. Mr. Kahm staled that the 7,000 pounds would 1dl Safety Services that pick-up trucks are okay and trucks biger than pick-up trucks are probably in exQell of 7,000 pounds. Council Member Habeaichl asked whll kind of trucks would be wishy-wasby in ia-.. of trying to decide whether they are 7,000 pounds or not . Mr. Kahm said thal delivery type trucks, box type vans might be marginal . For iMlance. be explained the City uses a lot of single axle dump trucks wt thole have a tare weigbt of about 13 ,000 pounds . So. be noted, thelc is a pmty FCJd r-,e of velaides. c.ouncil Member Biadshaw asked what a SubwtJan would weigh. Mr. Kahm ldviled that a Subulbaa probably doem 't have a truck plale oa it. Ms . Bradshaw said they -just wondering what a Suburban would weigh. Mr. Kahm said he would bet thal a Subuibaa weighs_. 6,000 pounds. • ii is a large vehicle. But it would probably be under 7,000. City Manager Sears noted thal Division Chief Vandcrmcc might WIIII to lalk about bow they are planning to proceed with enforcement .... ,,, - • • 0 , ·- • • En&Sewood City Council April 6, 1991 Pace 15 • 0 I• • .... Council Member Habenicht noted Ibey have seen a number of pictures of the trucks and she asked how many ofthosc trucks would be disallowed . The majority of them, Mr. Kalun advised. He IIOICd he thought Waste Management bad given Council a number of pictures of the vehicles Ibey bad weighed and most of those vcbicles would probably be too heavy . Mayor Bums commented that a lot of those were 14,000, lS,000, 16,000, 18,000. These arc the tJUcks, as he wldcrstands it, of other customers of Waste Mmagcmm.. They arcn 't their trucks, but Ibey come to their tnnsfcr facility over there. Mr. Kalun said that is oomlCl. Mayor Bums asked what kind of cnfon:ement problem arc wc going to have, as he IIOICd a lot of the pictwes Ibey saw were of huge trucks, cighlecn whcclcrs. big dump trucks, obviously very heavy trucks, IOIIIC ofthosc wcre lOlt ofilHICIWeen . He said Waste Management can ask 1bcm not lo come that dim:lion, but• they llatCd, Ibey can 'I a>nlrol lhat. Mayor Bums asked what kind of enforcement problem wc have iflhat kind ofa truck is not allowed . Mr . Kalun Slalcd he was DOI sure it was a major problem . He noted be 11ml, in Council '1 packet, a little area map, which dcsignalel bow Ibey believe they have to sign lhat area in order to control trucks. Mr. Kalun advised that if they look to the cast side of Iha!, near Santa Fe, they will notice a oouplc of X's. The signs Ibey arc recommending there arc informational signs Iha! inform truckers coming in that the truck route will end al Clay street . When they gct to Clay Street, there is a sign .._edls them the truck route ends. He noted there would also be a weight limit on that, Iha! would tell than no trucks cxa:eding, lets say, 7,000 pounds empty. On the Federal side of it , there would be a sip right as you tum onlo Union, that would tdl them no trucks over 7,000 peunds . So, he said, he is not sure enforcement is a problem . Mr. Kalun stated that the biggest problem, he secs, is that wc arc going to trap some people . He pointed out, it would be a small number, but if you were in a tractor/trailer rig, a semi or a large trailer, and you turned off of Santa Fe onlo Union, there arc no Olhcr public roads to tum onlo to tum around. So once you get in there, unless your point of destination was in fact one of thosc busincacs, you arc probably going to have to go straighubrough to Federal. By the amc token, he said, someone who is southbound on Federal in the left tum lane, iflhey don't sec that sign in time , that once Ibey make that tum there is no place to go but straight throllgh. So, he noted, there will be a little bit of that . Mayor Bums asked if that was through to Santa Fe . Mr. Kabm said through the rcstrided area, that there is no way to tum around. Division Cllicf' Vandcnnce advised that might be one issue, in terns of the cnfon::cment. For vehicles lm'Cling west bound from Sanla Fe, the sipun: going to be easily idenlificd once they are on the roadway and they ae piag ta. Ible to mlkcaljuslnmlts to fflJid being in violllion. Except. he noted, in the cue like Mr. Kahm pointed CJUl. largc units lhat don't have a way of turning around. He said be did not ~ the problem exists with \'Chicles that are using that • a llniglil tlnugh CUI-di°. So he thought lhat pnlblcm was going to be minimized . The rcuonablaica of the cafora:mcnl, or the conccm be bas in that rcganl, comes from vehicles that enter Union cast bound from Fcdcral . Withoul -kind of advance warning llign, if they have made the tum and entcnd into that no truck mne, Ibey have no avcnuc of escape . So if you lilop them. and assuming they arc in violation, and u officer coaducls a traff"ic lilop. in his opinion the driver bas a valid concern in saying ~hey, I got in here and I cu 't gel out. I can 't be airlifted, if I go down and 111m around, the point I would be turning around at, I would be OUllide the no drive mae." So, he advitcd, lhae arc some rcuonablcncs i-there as far• the cnblCCIIIClll. He slalcd that ccnainly from their point of view, in teffllS of selecting which vehicles are in violation and which are not. that anything larger than a pick-up truck is easy enough for them to identify . If you gel into wcighu. then it is kind of up in the air for them to conduct a trafl"ic lilop, as Ibey have to have problblc caUIC lhat a violation bas cxillcd. Not a coin toss lhat it could have cxislcd. Division Cbicf Vandcrmee maintained that it bas got to be, in terms of enforcement. some clear diRa.ion. or some clear definition, of what is and what is not illegal . Mayor Bums commented that it Dlnds like he thinks they can handle it. Council Member Waggoner commented thal when tlicy started addrcaing the problem with the COIICl'dc trucks and the weights on the l1rCclS. Ibey put a tllird wheel in back. lhat Ibey could drop and change the nwnbcr of axles on the truck . He asked what Ibey arc going to do when Ibey have u empty pick-up truck -~ --. • •· • 0 - - Ea&kw8N City Caucil April 6, 19'1 Paaet, ,. • • • I' lhll weighs lea tmn die 7,000 pounds. or wbalcver, and he is pulling a big, hllF tniler. Mr. Kabm adviled, • llaflic ltafl" bas looked II Ibis, that they see trailers IS being I problem. He lbougbl Ibey could tum IICIUlld and add die ad weight cl the trailer to die truck, if you wanted to pl tecbnical. But, he opined, lhll ii lllilll to be a lllrd CN1C to CXllllnll . Couacil Maaber a...... aid dlll lbc bad I question for die City AUomey . She llkcd where thcy-.ld put a liail ill die~ llil. City AUomey Brotzman adviaed they could put CN1C ill if Ibey Wllll to, but dial ript -tbcy doa 't lave to . T1lcre are actually lwO IICpl, he said. One ii Clllal you undcligame it• I tnlCk l'Olllc, die Tmfflc E.....-• aid tllll he will lip this. So lie will pllll lipl dlll ay DO tnacb, 11111ea tbcy p,e Ilia a Mipl. Mr. Bromun DCMd tllll the Tiafflc S.-pevioully came to Council and aid lie_... ndy like Couacil'I input into die weipl OB dial The Traffic: Engineer, ripl -. bas die power to lip it IIYilll • tnlCkl _ ...._ weigbl. So, Council Malm' ............ Mlell -.Id the weight cl die tnlCkl be decided. Council Manber Ganat aid Ibey could aalle a ,.._._..ion. City Attorney BW advilCd Council aJUld make a recommcndltioa tonigtll to die Traffic Engineer. Council~ tbamcd Mr. Kabm for bis wort on Ibis. Mayor Bumi sailHlo dicla't thillk they should pat thal in twonliaa, thal Ibey should make a RCIOIIIIIICllda and be can c:11-.e thal if it is IIO( working, as be 1m -flexibility . Engineering Maap Kabm added that, in the map he gave Council, they 1U..-,c1 that OIi Tanfonn, LaylOII, Slnlop, Cbalap and wbcle Detalur comes out on Pedenl, dlll Ibey would jllll put DO tnlCk signs up thcff. Mr. Kabm adYiaed dlll lie and Tldic Enginccriag Allllyat Ladd Vottry, clilcu-t this at lellgdl today. AIIII tbcy ddermiDed thal ifwe 11R Filll to ID with a 7,000 pcl8III Rllric:lion, which permits pidt-upa, thal we llloul4p'Oblbly -die -«liplllioa on 11-IIRldl •well,• oppcad to DO tnltb. Couacil Member Blallllllw aid yes, thal llllkes ICIIIC. Mayor Bums aid be undenlands thal the Trame Code bas c,u:cplialll for thiap u:11 • moving vw, for dlcae folb, ad die tnlCb dill .-Id pick up lllcir-..-. ad time Did clllliap, wllicll arc ICl\lica IO 11-,.._ ia dill aeipbodlood. Mr. Kallm aid dill ii ...... dlae ii .... ia die onlialDce dial prullibitl ddiwriel. pick ..... a .... --,ice, ha comial ID a .... cl dNciMOcNL He 11-.1 it ii die dlnJup llaflic ......... be ..... die law. COUNCIL MUIUll WAOOON&ll llOVED. AND IT WAS YCON9U, 10 AlfttOVE CONSENT AGl'.NDA ITUI II (II) (Ii) ON SECOND ID.ADINC. ORDINANCE NO. 22, SERIES OF 1991 (COUNCIL Bill. NO . 12, INTllODUa!D BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE REMOVING 11fAT PORTION OF UNION A VENUE PROM FEDERAL BOULEVARD TOO.A Y STREET PROM 11IE DESIGNATION OF A 11lUCK ROlTm IN 111E CITY OF ENGLEWOOD, COLORADO. Ayes: Council Mcmbcn Nabbolz, Gama, Bradllaw, Habcnidll. Wauoaer, Clapp, Bums Nays : None (c) Raolutionl and Motions • • 0 • 0 • E•&kwood City Cc1111ic:II April 6, 1998 Pqel7 COUNCIL MEMBER NABHOLZ REMOVED AGENDA ITEM 10 (c) (I) FROM THE CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (Ii) ud(iil). (ii) RESOLlITION NO. SO, SERIES OF 1998 A RESOLUI'ION APPROPRIATING FUNDS FROM 11IB 1998 BUDGET FOR 11ffi GOLF COURSE PUMP PROJECT . (iii) CONSTRUCTION CONTRACT Wl11f COLORADO WATER WELL PUMP SERVICE AND SUPPLY IN 11IB AMOUNT OF $94,200 .00, FOR CONSTRUCTION OF OOLF COURSE TRANSFER PUMP PROJECT. Ayes : Council Members Nabholz, Garrett. Bradshaw, Habenicht, • " ..., Waggoner, Clapp, Bums Nays : Nooe Motion carried. (i) Cooncil Member Nabholz said that she jllll has a couple of questions on this. She advised lhal she met wilh Wayne Oakley and Dell Montgomery last year, along wilh Denver City Council Member Bill Hinunelmann, who borders our City . And, lhe said, the COIIClCffl that was discussed between the two clepaJtments was if WC do Tejon, Yale or parts of Brmdway, that affect Denver, that WC don't just do the Englewood side . That wc make Denver aware that wc arc getting ready to do our resurfacing and that wc work on this as a joint cfJort . So, she said, lhe jllll wanted to make sure thal if wc arc doing anything close to the Denver border, thal wc make sure thal wc coordinate wilh them and let them know. Mayor Bums asked if that is what wc do anyway . Council Member Nabholz said no, that wc never have before and that's~ the big isluc. Mr. Kahm advised that wc have tried in the past, then: has~ an cffon. Ms. Nabbolz said that she thinks we have opened up oegotiatioos now, 50 jlllt 50 we continue them . Engineering Maag,cr Kabm advised that the only street thal has a joint boundary, that he secs on there, is Zuni soulh of Dartmouth . He lilBd that involves Sheridan and wc will be talking to Sheridan, as wc would like to do the full width of strcct, but wc will work something out. Council Member Garrett asked, after they do Ibis, approximately bow long it will be before they redo that strccl. Mr. Kabm advised it varies . But, he noted, for the IIIOlil pan we IWted using this pmticular puduct in 1987 and he was noticing that this year wc arc doing some additional wort down on Fox SlrClet that was in the 1987 plO(lnllll. He commented that it looks like wc arc going to .. ten ycan out of residential strccls. We have used this microairfacing on Broadway , carrying 4S,OOO can a day and we got about five years out of it. Typically, he said, about eight lo ten years . Council Member Garrett DOied that Quincy was done last year, on IDlt of the CUlall side of Quincy, and there is a little llrip tbal is pnlpOlcd . And, he said, one of the depmtmmta bu now dug up one of the strccls and WC have this really bad patch job. He pointed out that it -lilly to put this down last year, only to tear it up again this year. Mr. Garrett said that at a function he was lllCnding, he asked Mr. Esterly about Ibis particular project. He stated Mr. Esterly told him that we don't keep up wilh ... like what Stu Fonda's group is doi ... So he didn't even know what was going on on that puticular llrcct. Council Member Garrett commented that ii bothered him that there is no coonlinalion between the two departments . --------------,-,--------'- ..... •. •· • 0 , - Englewood City Council April 6. 1991 Pace II • 0 • Mr. Kahm med Council Member Garren who had suggesled they don't keep up wilh Stu Fonda's group. Mr. Garrett adviaed it was Chuck Esterly , because he asked him why Quincy was being dug up and he said he had no idea. Mr. Kahm said no, lhal actually, every year • they put toFthcr Ibis type of program or an overlay program, they coordinate: with Utilities, as to where they are going to do waler line rq>lacelnems and lholc type of things. They allO coordinate, and, Ibis time of year, IClld, this list of streets to Public Service, U.S. West and anyone that might have a need to aM:r stJeels, to try to minimize that. But, he nolcd, it happens. Council Member Garrett said that was fine . He commented that he understands they can't predict ten years out, but it seemed like they could for six months. But typically, Mr. Kalun advised, on an annual basis, they try to get folks to do undcrgrounding work ahead of our ~- Mayor Burns said he thought that was a good point, thal there is a real need, obviously, for a lot of aJOrdinalion between Utilities and Public Works. Mr. Kahm agreed and nolcd that it is real fruslllltiag to us to go out 11111 CMll1ay a sUeel or put miaosurfacing down and have IOllldlody like Public Service a,mc in and cut it the next day . But they do it liom time to time . Council Member Bradshaw a,mmcntcd that they have done a better job. COUNCIL MDIBER WAGGONER MOVED. AND IT WAS SECONDED. TO APPROVE CONSENT AGENDA REM 10 (c) (I). RESOLlTTION NO. SI, SERIES OF 1998 A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR ENGLEWOOD'S 1998 MICROSURFACING PROGRAM INSTEAD OF 11ffi COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF 11ffi HOME RULE CHARTER AND SECTION 4-1-3 OF 11ffi ENGLEWOOD MUNICIPAL CODE 198S. Voteraultl: Motion carried. Ayes : Council Members Nabholz, Gamlt, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None 11 . Replar Apa (a) Approval ofC>rdiJwlces on Finl Reading (i) Neighborbood and Environment Tcchnicia i.a11m prmmted a n,c:ommendalioo liom the Dcpartmcat of Neighborhood and Busiaea Devdllf9CN IO adopt a bill for an ordinance approving lncutrial 7.oniDg Amendment She 5lalcd 11111 dae aR prapoNd am.mmea1 to die indUSlrial zone diSIJict of the Municipal C'.ode, that rault from Council's RlqllCll tbll Neighbod1ood 11111 Busi-Development review two specific land use issues in the induslrial zone . Ms . Langon advued they arc requesting that Council IICI a public hearing on Ibis issue for May 4, 1991. She med tbll Council consider the inclusion of section 9 on page 33 . Thal is for lhe existing UICI and, sbe nolcd, it coven thole UICI not addn:acd U oooditional uses, making existing uses, non<Ollformillg UICI. Ml. Langoa explained that scc:tion 9 is a clause that would cover any existing uses, lhal there arc --wbeR there aR UleS that would be conditional uses and other areas where they arc not CIOllditional 111e1. So this claUlc would be for any uses that arc not covered uoder conditional , they would be allowed to relmin as -r~ UICI. Council Member Waggoner asked iflhal is until they sell . Ms . Langon advised that is comet, for noo- conforming. ,,, - •. •· • 0 , 1- Engl-ood City Council April 6, 1998 Page 19 • 0 • Council Member Bradshaw asked about what happens, when it is sold. Ms . Langon stated that if it changes hands then the use can remain, the use itsclftenninates in 180 days . Council Member Waggoner asked if that is the drop lime, 180 days . Ms . Langon said that is correct . Council Member Bradshaw Slaled that this seems excessively liberal to her. Ms. Langon asked what portions. Ms. Bradshaw said she thinks it is just this problem she has wilh industrial 7.0lling. She acknowlcdgcd it is probably just a pcnonal perception prublcm, but it is 1998, wc arc an wban an:a, wc arc not a suburban area anymore, some of the uses that were permitted in a subwban area, she doesn 't think arc aca:ptablc in an urban environment She opined that the cue wilh Union poinls that out. Ms. Langon noted lhal this is IOllldhing they dilCUIICd lut week at the Study Scaioa, that for lheac two pM1iallar UIICS, Ibis is just a lbort-4eml fix . So, Ms. Bndsbaw said, this is like a band-aid. Ms. Langon said they could use that term . Council Member Gama asked if this is being fixed in the ComprmcnsiYc 7.olling re-write . Ms . Langon advilled we will be addressing the entire ordinance and there arc a nwnbcr of uses that could probably be eliminated. She noted she had to look up what bone black was ... things like that . She said lhcrc arc a number of other inconsistencies in the ordinance, so it will probably be a long range project . Council Member Bradshaw asked how long we arc looking at. long range . Ms . Langon commented that Mr. Simpson always tells her to never give a timefrarnc . She stated they arc going to be looking al it this year as far as she knows. But as to completion. she said, she docs not know. So, Ms. Bradshaw said, it will probably be the fust of next year, something like that . Ms . Langon said probably. Council Member Habenicht said she docsn 't so much have a question, as a point of discussion . She Slaled it was her undcrslanding that Ibis whole IIIOllllorium was to address the isluc: of industrial moing throughout And, she noted, she would guess she was a little disappointed that it hasn 'I been comprehensive . Sbosaid it was her understanding that there was going to be more of a comprehensive approach to this . So in one way, she noted, she was gratified that it was going to get tighter. but at the same time she was disappointed that it ICCIIIS to do so little. Council Member Bnidsllaw asked if they would be better off just to cx1CDd the moralorium. City Attorney Bl'OCZIIWI said no, 11111 they arc probably at the limits legally, as they~ continued it twice already. So, Council Meali II Bradmw tailA.• we put this band-aid on for awllilc until wc really look at it She llaled she doesn 't tille that. Council Member Nabholz noted thal ii was her Wldcnunding. lasl week at Study Session when they dilamed it, that it wiU take time IO gel whal we want in place, inlo our indultrial zones . Ms. Nabbolz llaled Ille was aware lbal dlis was aoc cucdy what they waDled, bul it is whit we .-a to cany .. through in the inlcrim s-t. 11181 Ncipbodiood wl Business Development would be looking at llriaer limitalims on this. She said her undcnllndiag. for lack of a better term, is that it is a band-aid for the moment . Ms. Nabhol z opined thal we i-a this . Yes, Council Member Habenicht lllicl, that she is not talking about what happened lut week . She llaled she was talking about whal happened lut year . She said she looks to Council Member Clapp, because she remembers sitting wilh her and talking about this. long before it happened. Wilh her and Slaff' and mming with people with all over the Slaff' and nx:ognizing that this concept of doing the moratorium was going to be addressing a much more compn:hcnsivc issue here. That is where. she said. she is addressing her disappointment Not from last week . She stated she was expecting muc:b IIIClft over a period of quite a long time when lhis llar1ed . Council Member Bradshaw pointed out that Neighborhood and Business Dcwlopmcnt has been a little overwhelmed. ' ' •· • 0 , • En&tewood City Council April 6, 1991 Pace20 .. • 0 I • • Mayor Bums said that was 1rue, that he shares some of the same feelings . He noced they have had an awful lot on their plate and Gary Sean has not been here that long. Council Member Habenicht Sllid she understands we have had a lot of changes. Also, Ms. Langon advised, it was• the February joint Council and Planning and Zoning Commission meeting where the dinx:tive was to address these two particular issues. Council Member Bradshaw llicl this is like a bind-aid and she has no pniblem with that, but she would like to have Planning and Zoning undcntand ... she commcmd that she -·t IUR bow the rest of Council fclt ... that we really need to take a mious look at induslrial zoning in~ from the view of 1998. Ms. Langon adviled that, from their dilCUSSions, she would beline lhat Planning and Zoning was in agreement with her on that Council Member Clapp llicl that as they do that, she thought • year ago they also cliscussed looking at types of uses that arc a:xt-.... water supply . Ms. Langon staled that would all be part of the comprehensive rewrite. Just to add to that, Council Member Habenicht said, that also things have cbangcd. Not only has the City changed its dwactcr during this time, but our teclmologics and our industries have changed. Looking at it from that point of view, to thinking back on the issue that they ran across on that Cedar Mountain issue . Having lived through that one. There arc a lot of things. She 5lalcd that she was not trying to lay blame or anything like that, that she just wanted to express her clisappointmcm. because it was her undcnlancling that they were looking• a much more comprehensive ordinance here . Ms. Langon aotcd lhat to address all of those issues would take far longer than the moratorium time. ni. was part of the reamn for just addressing these two key issues. Council Member Wagoner asked, under the baDnlous WUlc IIOnlt or proc:essing, if there was any panicular ,-thal.jusl lloppod • condilioal -. nocr 111an being prohibited. He llicl he knows there are a lot of coocems all owa ..-lumrdous WAIIC llca,c al proc:essing. Ms. Langon adviled there are a number of conclitiwl-. cHlliliaas lhat the use has to med and they have written those into the ordiJancc. If you prohibit them, she cxplaincd. there are existing haDnlous waste c:omplllies in tmm. Then, Mr. Waggoner llicl, this applies to those thal are already there . Ms. Langon llicl that is right. Mayor Bums COIIIIIICllled lhat a loc of your busillCSICS, your indullrics, will pn,dllcc baDnlous waste tbal are pcrfccdy lcgitillllle 111e1 -or would be even non<Ollforming, but they can still be in businesa. Ms. Langon llaled that this CCMl1 just the •oragc. if they arc producing a baDnlous waste, that is anocher item. This is for the collection and ~- Council Member Habenicht asked wllal she meant by prucasing. Council Member Waggoner explained it is collecting. rebqging it and then ICllding it out. Ms. Langon advilcd there is one a,mpany in the City tbal collects, but all they do is collect, bulk it and then ship it OIII . They don't prooca, they don 't clean, they don't refine, they don 't do anything of that nature. They just collect, bulk and ship. She staled that those items arc controlled uncb EPA rcgulalions . So, Council Member Waggoner aid, what this really docs is it climinata any othcn tbal come in and thole that arc here are grandfathered in. Ms . Langon advised that is right, thal if there are othcn coming in they would be coming in and have to qualify under the conditional IIIC ... public hearing, etc. Council Member Bradshaw thanked Ms . Langon for answering all of their questions. ' ,. ~ • • • , - • • • t • • Ea&tewood City Couacil April 6, 1991 ••ie 21 The Cily Clerk -asked to read Council Bill No. 18 by title : COUNCIL BILL NO. 18, INl'ROOUCED BY COUNCIL MEMBER WAGGONER A Bll.L FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS 13 AND 14, AND Tl1l.E 16. OIAPTER 8, OF 11IE ENGLEWOOD MUNICIPAL CODE 198S, PERTAINING TO 1-1 LIGHr INDUS11UAL AND 1-2 GENERAL INDUS11UAL DIS11UCTS . COUNCD. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCD. BILL NO. II ON FIRST READING. Ayes: Council Members Nabholz, Gamlt, Blldshaw. Habcnichl. Wagoner, Clapp. Bums Nays: None Motion Cll'ric,d. COUNCD. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO SET A PUBLIC IIEAIUNG ONaMJNCIL BILL NO. II FOR MAY 4, 1991. Motion carried . Ayes: Council Members Nabholz, Gamlt, Bradshaw. Habenicht, Waggoner, @lapp, Bums Nays : None (b) Approval of Ordinances on Second Reading (i) A bill for an ordinance, on ICCOnd reading. aulhorizing the execution of latergovcnumllal&ibglmlc,c Agreements for the 1991 Arapahoe County Community Dcvdopmcnt Block ""' Grant Prograa WU consideml. COUNCD. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 {It) (I) -COUNCD. BILL NO. 15 ON SECOND HADING. ORDINANCE NO. 23. SERIES OF 1991 (COUNCIL Bll.L NO. IS. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING AND AUTHORIZING 11IE EXECl1110N OF AN INTEROOVERNMEtn'AL SUBGRANin: AGREEMEtn'FOR 11IE 1991 ARAPAHOE COUNJ'Y COMMUNITY DEVELOPMEtn' BLOCK GllAtn' PROGRAM BETWEEN 11IE ARAPAHOE BOARD OF COUNJ'Y COMMISSIONERS AND 11fE CITY OF ENGLEWOOD . Ayes : Council Mcmbcn Nabholz, Gamtt. Bradshaw. Habclliclll, Wagoner. Clapp. Bums Nays: None (ii) A bill for III ordinance, on second reading. approving an hlterpemmaial Agrecmeol with Anipahoc Counly aa:epling reprognmmcd funds under die c-..nity Dnelopmcnt Block Gnni Propam -COllliclrmd . COUNCD. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 {It) (ii) -COUNCIL BILL NO. 16 ON SECOND HADING. ' ' .. ·- • • 0 • • • .. Ea&lewOIMI City C011acil April,, 1"8 Pase21 ORDINANCE NO . 24, SERIES OF 1991 (COUNCIL Bill NO. 16, Im'RODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING AND AlITHORIZING nlE EXBCl1l10N OF AN IN'IERGOVERNMENTAL "SUBO~ AGREEMENT FOR 1996 ARAPAHOE COUNTY REAPPROPRIATED <X>MMUN1TY DEVELOPMENT BLOCK GRANT FUNDS" PERTAINING TO nm DISABLED ACCESS PROJECT BETWEEN nlE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND nlE CITY OF ENGLEWOOD . Ayes : Council Members Nabholz, Gamllt, Bnldlhaw, Habenicht, Waggoner, Clapp. Bums Nays : None (iii) A bill for an ordinance, on second reading. uhorizing the purchase of the Golhic 'l1lealre WU consiclen:d. COUNCIL MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITUI 11 (It) (Iii) -COUNCIL BILL NO. 17, AU1110RIUNG THE PURCHASE or THE GOTHIC THEATER. ORDINANCE NO . 25. SERIES OF 1991 (COUNCIL BILL NO . 17, Im'RODUCED BY COUNCIL MEMBER NABHOIZ) AN ORDINANCE AtJillORIZING nlE PURCHASE OF nlE oonuc TIIEATER PROPERTY BY nm CITY OF ENGLEWOOD. COLORADO. Vote realu: Molion c:aniod. Ayes: Council Members Nlbholz, GarreU, Bnldlhaw. Habenicht, Clipp, Bums Nays: Council.Member Wagolla' (c) 1tcsolutiom and Motions Tbcrc were no additioMI iaolutions or motions submit1cd for approval. (See A...-IICIII 10 -CGMClll Apela.) 12 . c--.a e........ (a) Mayor's Clloicc (i) Mayor Burns prclCIIICld a bill for an onli..a appnwilla • lntagcMl'llmelll Ap,eaal wilh die Cily ol DaMr aligning and ll'llllfcrring a parlioll at Eaanoad'• 1999 allocaliaa at private activity boada IO fiamce n:sidmtial housing facilities for low-...a middle'1IICIIII ...-ad familica. 1be City Clerk wu ukcd 10 read Council Bill No. 19 by title : COUNCIL BIU.. NO . 19. INl'llODUCED BY BRADSHAW • . •· • 0 1- • • • 0 • '· E•&lewoolll Chy C•11c:il April 6, 19" Pqe23 A Bll.L FOR AN ORDINANCE ASSIGNING AND TRANSFERRING TO 11fE CITY AND COUNTY OF DENVER, COLORADO, 11fE 1999 CITY OF ENGLEWOOD, COLORADO AILOCATION FROM 11fE STATE CEILING FOR PRIVATE ACTIVITY BONDS TO FINANCE RESIDENl1AL HOUSING FACILITlES FOR LOW-AND MIDDLE-INCOME PERSONS AND FAMILIES Wl1llIN 11fE CITY AND CERT A1N O'TiiER CITIES AND COUNTIES IN 11fE STATE OF COLORADO; AlJl1fORIZING 11fE DELEGATION TO 11fE CITY AND COUNTY OF DENVER, COLORADO OF 11fE Al1IllORl1Y OF 11fE CITY OF ENGLEWOOD, COLORADO Wl1H RESPECT TO 11fE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (11IE MBONDS") TO FINANCE RESIDENl1AL HOUSING FACILITIES FOR LOW-AND MIDDLE-INCOME PERSONS AND FAMILIES Wl1lllN 11fE CITY OF ENGLEWOOD AND CERTAIN 011IER CITIES AND COUNl1ES IN 11fE ST ATE OF COLORADO; APPROVING SUCH BONDS AND SINGLE FAMILY MORTGAGE LOAN PROGRAM; AND AUTHORIZING 11fE EXECUTION AND DELIVERY OF A DELEGATION AGREEMENT AND 01llER DOCUMENTS IN CONNECTION lllEREWflll COUNCIL MEMBER aRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL alLL NO. 19. Mayor Bums cxpllard dlll dais ordiDance is being routed tluougb the City of Dcnwr ror the issuance or bonds for efficient and Ollll UW1g meuurcs and issuing lhe bonds, which then Englewood citi7.CIIS can use ror pun:basing nllidenlial facilities ror low-and aiddlc-inaJme people . Council Member Waggoner noted this is on first reading . Vate,-ltl: Motion carriCll Ayes : Council Members Nabholz. Gama, Bradshaw. Habeoicbl, Waggoner, Clapp, Bums Nays: None •. (ii) Mayor Bums advised he received a call It home n:pnling an animal CIOlllrOI issue from Mr. Robert Cassidy, 3196 West Tufts . He said it was on the weekend and inwlved a dog they hid 1CC11 thcR before. Mr. Cassidy was told llllimal control was only oa duly on the weelutays and be didn't have anywhere he could call to Ft dlis clone. Mayor Bums aid be advised Mr. Caaidy be would tum this over to die City Muller .10 fmd out if wc have some ~ oa weekends and that wc would ,ct back to him on that (b) Council Member's Oioice (i) Council Member Nabholz : I . She said she finally hid I meeting where she coulcl PIii OIII m ff11011. Ms. Nallbolz a,m--, that she did this special for Council Member Waggoner, that she "-be hales rqlOIII, thal this ii in color and ve,y well docwnmed. She opined it WM one of the l1IOll exciting coafclaiCCi Ilic m been IO and it WIS also an update OD IOIIIC lcgislatioa Iha& WC, U I City, really nccd IO be made IWlll'C al. c.ouacil Member Nabholz noccd she brought copies or that back . First and fOlallOII, lhc aid, she would like to thank the constilucnb or Englewood, u wcll as her fellow Council members, for allowing her to IIICDd. She rcitcratcd ii WIS an exciting conf'crcncc . She advised Mr . w....,_. thal the benefits .ae in the report . Council Member Waggoner noted he would be curious u to when wc 111C oac of them . Council Member Nabholz opined that wc arc getting n:al dOIC to using --1 al them. •· • 0 -- • l.a&lewood City C1111acil April 6, 19911 Pap24 • 0 • 2 . She advised that at one of the classes she took, on leading with diverse communities, she and IIIOther individual were cbolen out of the audience. That man sent her a lcaa becaUlc they really thought it had been ICripted. He wu a \'CIY nice African-American man, \'Cl)' quiet. She said they were put tOFtber to clilcusl a KKK rally, along with a Martin Luther King paade, and how they would wort as one, when the thane oftbe parade wu "We Are One .M Council Member Nabbolz CXIIIIIIICllled that it wu a very inlaaling. ~ dunking on your fed, type of dillCUllion. But. she uid, be dropped a note to say be had a great time and that be ii using what be learned. 3. She said she wamcd to say thank you to Code Enforcement, ewo though we have llOlllC real probleam right -· 4. She IIIICd she would like a llalU5 as to how many conlaClS have been made at 2844 South Grant, the addrcaes that were 11-aioacd tonigk The address on Sherman, as well as the address oo the 4000 block of South Bannock. (ii) Council Member Bradshaw DO(ed in their packet they got the Council information request updale and what she had asked for was Slaff to provide a listing ofz.oning. land use and ownenhip 11111p1 m pau Eoglewaad. She aHlllllCllled she wu under the impn:aioa that Dillrict I wu almost a,mp1e1e as far • who owns what propemes. She said she realizes that 10111C or the data may be sensitive and thinp lillc dial, but thal she dlougllHhat wu 111111 of a Council direction, that we wanled that information, 10 mfr could have that information. And once it is a,mpiled we just have to keep it cunmt, we don't have to keep -,diing RICOfdl • the County . She aed if lbe wu wrong, if that wu a misconception on her .-,t. City Manager Sean said that Harold Stitt might be Ible to bdp with this. Mr. Sean commenled that they have had a couple of meetinp illlemally on the clala. Bccausc of ownersbip changes it will have to be • COllllandy updaled. bal be "-a that we -• the pn,c:as el going througb and identifying OIVIICl1bip o( all parcels in die City. eom-ity Coon1in11Dr for LA111g RMF Planning Harold Stitt advised that we have that infomation &om die Coualy Aw ad lie....._.. ii ii...-..~ thn:le or lour moadll. He llllecl lhll the .ror.... we .. fiua die CGUaly aipl be a 1111111111 or• behind, beclulC it tlkCI time for them to ,.-the Worwalica e.i, a ii a lal aoe tiaely da illlanllllicm we 11M RICCMld in die pall coacernillg pnipaty-• iJ ID 1ben:. CGUDCil Member ._..... aid. ii lllkl .... a pnllClaOd c:lw ol llJI I M SIie IIIUd wllll that -· Mr. Scia adviscd ... ._ _ -typel ollllllilillg. -,1le ,_ _ ~ ....... iD Soction I type bouliag. thal we may 11111 be able to diwl,e or CYCII .. die illfonnllicm. OIi nere Soction I housing ii in the City of Englewood. Council Member Bl'lldlbaw IIMICd thal lier concem ii thal it -like for the Section I houses, thal lbe ii -ol, .... ._ _ -~ --al police calls. SIie aid -"-a thal people 11M. difficult time and lbe realizes that Section I people might be in wry pnarioul poliUOIII. But. 1be lllacd, she allO lhinb that maybe die Housing Authority needs to llal1 paying the City for -cl the police protOc:tion. -and above the ..... that ii 1-aed • tholC differcal locllionl. Mr. Stitt advised tbal tlleirCXIIICCIII ii that there 11111)' be llCNIIC Federal llllUta rcpnling die privacy or a>nfidentiality of that infonnation. He llalcd that they arc looking into tMl iaae riglll -. to deWmine what type of information, leplly, can be given out in a public setting. Council Member Bl'lldlbaw said she undcntandl that, but she "-a 11111 theft ii ca how on Lopn 11111 last IIUIIIIIICI" averaged five calls a weck ... domellic violence. •. •· • 0 , • • l.•&lewood City Coucil April 6, 1991 Paie25 • 0 • Mayor Bums staled that the City Attorney ha& advi&ed him that he CID address this. Finl of all, he staled, the Housing Ambority cloesn 'I own any of the Section 8 housing. That is one of the problems they have had for years. It is I problem of BIiking 1hlt owner ICCOWICablc and, be aid. if tbcrc are dlll number of policle calls tbcrc indeed miglll be I lcuc violalion in there IOIIIChow. Becaule, be llid, he tbougbl the lcuc proviclea that the occupalll 111111 comply wilh the laws of the City . Mlyol' Bums suggatal thll perhaps tbcrc could be mmc way, if tbcrc are that number of calls, for dlll to be brought back to the ~ Alllbority. 10 dull the Houlillg AIOOrity would know if tbcrc bavc been lclsc violations and they could notify the owner. Bui. be pointed out, the Housing Authority is really kind of I cooduit in Ibis thing. He noted, that they ue not diRctly responsible for the behavior of the people who live in the unit. but be has even had realton say dlll --needs to monitor lhese homes more aftm. Bcc:aulC if the llndlord lives in California be is not .. yiag uy IIUallion. So, be DOCtd. there IIIIY be some way of monitoring this better III that we know if tbcrc has been I lcuc violation. Council Member Bnidshaw lllled 1h11 she doesn't wanl the public to know . Tblt she just wants 1h1111 J)llt of the cllta bale, 111 if lllff or the policlC needs to IIXlell lhat they can say "bey, we had 40 CIiis to this resiclenc::e in one year." She Dllinlained 1h11 is excessive . Mr. Stitt explainelt .. tbe issue they bavc been looking al is if we are viewed ~ outside agencies, or the Federal govemmeal. • __. tnlCkillg thole propenics cliffcrcnlly lhan we may track any other ownenbip. 1-tbcrc 1111)' be -Federal liability there. Council Member Bnidshaw asked if we are tracking the number of police calls to residences, wouldn 'I that be all resiclenc::es . Mr. Stitt Slated it shouldn 'I matter whether ii is Section 8 or not in lhat case . That is the answer to the question. Or, Mayor Bums noted, if the Impact Team has had to target one oftbele units. be thought the Housing Aulhority should know that . .. Council Member Habenicht said she can undentand specific locatioas of particular kinds of llfe hollies or IO!Ddbiag like dull. However, she noted. pan of what she thought they would be F(UDg with the informalioa dial -IIUCI far, -that Ibey would be finding OIII exacdy wllll -llllillic:s are. She aid Ille would tbillk dlll Ibey l'-kl catlinly be Ible to know how may Seclion I ho-. there are in our ClOIIIIIIUllity and how may group..,._ there are, and all of dial. Council Member Bndlhaw indicated 11111 -availlblc. ML Habellic:llt llllDd -fna Council's viewpaia&. iftbey ae lookiag 10 ..._ mmc policy ~ with our Fcdcnl penunent or wilh -other jlMil r £ 119f11CY, ,.., Ibey wd to know wllll dial infomllltioll is. She aid she can undcl-.d dllt could be _. a cxwficlatial lelpOlllibility and IICCOl•n«lbility, but• the -lime she lhinb dlae iu lat of illllnallioe,.., Ibey don't bavc . Mr. Stitt lllvilCd Iha£ they would supply Council wilh ay infonmtiaa they cu. Olnficlmliality 1111)' be an islue, but. be noted, to the extent that they have inf011111lion concerning the number of group homcl or other activities like Iha:, they will certainly provide Council with • aloag with ownership Ind raital versus ___. ISaSilSics . Council Member Bradlhlw lllvilCd 1h12 they really wanted to p:t I ......, oa wllll pcn:ma,c of the homes are owner occupied venus n:ntal and things like that. And. CouaciJ Member Habcnidlt llid, where they are in gcnenal . Vutly different version. Mayor Bums said. And. Ms. Bnidlhaw llid, are they concentnlod in one area or not, if that is the cue. then we need to put iDcmliw pn,grw ill2o owner occupied. Mayor Bums lllvilCd 1h11 you CID "-the Nm!ber of Section I Ullits, dial ii aot a problem, but idc~ng individual raidcnca or locations 1h11 is maybe IOllldbina dlC . •. •· • 0 - ] l.a&lewood City c...dl April 6, 19" ... 2' '· • • • Perliapl uo, Council Member Habcnichl said, she misundcnlands 111d doelo 't know enough about housing iAUeS llld about Section I, as it is not an issue she has really followed cudully. But her undcntanding is thal the funding provided for Section I goes to rcimbm'IC the owner, the landlord. who can ti-offer a lower rml to people . So it is a benefit coming to them and it is Federal dollars, IO she said, she has a really bard time thinking that someone gets Fcderal dollars and it is ICCl'd. wbcn it is a lanclowner. She ltaled lbc isjllll llying to undentand that. If that is the case she aicl lhe thinks Council needs to start addreaing. tbrougb CML 111d die: National League of Cities, ifwe CIIIIIOl pt that infomalioa and access it, not only as a -ic:ipelity, but as a citiun. She staml she would be poaly offended. Mayor Bums sugclled they miglll be able IO pt infomalioa on who the llndlonl. die: owner ii. but not who the tamll is. 'Ibtft nay be a diMinc:tioo there . Mr. Sutt adviad that that infOl'lllllion is a public ra:ord and it is available tluough die: County assessor's office and we have tbal infOllllllion. So, be stated, it is simply a mat1cr of pulling it in a fonn that would be most meaningful for Council's use . Council Member Badsl.-IIIIIIIDII ifbe knows what Council wants. Mr. Stitt said he knows the type of infonmtion Council walllS, but MIil they ue ltnlggling with is the fonn to put it in so that it is meaningful . He advised they have the ability to print out lists of ownership by propeny. Council Member Bradshaw advia:d that what she wants is, by district, how many rmtals, how many owner occupied. Mr. Stitt ukcd ifthat wasjusl by Council district. And. Ms. Biadsbaw aid, how many halfway houses. how many rehabs . .-Mr. Stitt staml that that significantly simpliill the task. Tbl& is why. Council Member Bradshaw said. that • when sbe gotaat memo she taght this ca't be that bani. And actually. pernally, Council Member Habenicht said. she would like to -it by what IIICld to be their precincts before we went into all this other kind of voting. But thal'1 all riglll. lhe advi9ed. if it isjult districts that is oby too. .. But. Council Mcallll' 1111111111w pouml OUl,if there ism illDldilllle _. at...i. in, lea ay '*1heul Eoglewood. in a cenain a,a, ti-they need to know dlllL Alld wily do we need IO know that? Council Member Habenichl aicl zoning i-. as they are looking• _. Colllpn:bmsi~ Plan. Council Member Bradshaw said -.ybe 1.0lling and DOied 1h11 1h11 land '* -,. IMe ~ Mayor Bums adviad that the Housing A.-honty bu tqdccl diffaall pal1I of the City for like the rehab lou prognm before . And of coune, be pointccl out, thoee aR all -occupied. But. Council Member Bradshaw IIOlccl, they could advertise the bond ~ aad *Fl tllll cme area. Mayor Bums aicl sure . May« Bums ltaled 1111ft are -reMrictionl on bow much larpuag you caa do. Bui you c:aa cerlllillly pt your infonnalioll OUI . Mr. Stitt adviad they could put IOFlber the infonmlioa. Council MCllllllcr a...... ...... ~ happen fut. Mr. Stitt aicl yes . Council Member Bradshaw ukccl if there was anything dse anybody die ...._ •. ----.~--· . .. • • 0 - • • E•&lewood City Couacil April 6, 1991 Pqe27 ' '· • 0 I• • ' City Manager Scars asked Mr. Stitt what was the format they were following to put the infonnation together. Mr. Stitt explained thal they were IJying to figure out a way to put the information on, for inslance, a block by block accounting where you might have a Slatistical . For inslaoce, of the typical 24 homes in a block, 1 O arc owner occupied and 14 arc renter occupied . Council Member Bradshaw llalcd thal if they could flag areas like that C\'ffltually, that would help. Mr. Stitt advised that they haw thal infOl'Dlllion, what they arc working OD is a way of mapping that informalion. Giving it to them by Council cliSlrict, he said, with the gn111 number of lOlal number of units, number of owner oc:cupicd units and number of rental units. He llalcd they can do that for Council clilllric:ts, thal is fairly simple. When they get down to f1DCr levels, he said, it becomes a bit more difficult with the mapping. 11ley a1ao have to compare that with the 7.0lling. bcalulc, for illlllDCe there nay be mme -iD a clillric:l thal loob like there is an inordinate amount of rmta1 property . But its like Kimberly Village, Council Member Bradshaw said. Mr. Stitt said that is correct. So, he IIUlled, the 1.0lling has to be shown and they arc working. trying to figure out a way to show all that information so it is meaningful, not just a mass of data on a map. But, he stated, they can get Council the infonnation OD the Council district level . City Manager Scarsadvial lilly cuuld get thal to Council right away. Council Member Bradshaw aid that is a good place to start and if Council needs more Ihm they can ask for it. She asked if that cleared it up. Mr. Still said yes, that that help immcmdy. Council Member Habenicht said she would like 10 add to that that she wouldn 't wan1 jUII owner occupied .... and rental . That lhc would like 10 know single family n:Dlal, owner oa:upicd rmlal and multi family rental, so they can 'factor that out. Mr . Stitt advised they can do thal, that they can ditrcraltiale, as he -thought the Counly jnformatioa is split up, balMea siagle family, ~ tine 111d four unit 111d tbeo anything *"c thal is COlllidcrcd multi family . Ms. Habenicht ............ be woodcrful . Mayor Bums thanked Mr. Stitt. (iii) .c.au.cil Member 0app said IJhc jull ..-1 IO lllills it IO c.-:il '1..._ 11111 die Lilinry 8-11 •• a. of vacuciel.rjglll now. And if tllcft -..,._. dley alllld do IO fill dlolc vacaadca. •*Y _.._ OD \\'ilia some of their projccU. lhc ....... .._ -.Id be w:ry bclldicial . c-il Melllbcr Badlllaw ..._ if they aJUldn 't go back and look ....... -of dlale people wllo applied that tlley diclll 't plll ca die Liblary Board. Council Member W....-s aid lie tlloapl dley p111 ~•a c:ioeei!ICIC . Mayor Bums advised dill tlley 11m: U exlnl vacancy OD the Housittg Alldlorily tao. Maybe, Council Member Hlllcaiclll ___ .,....,., tlley lllould do I quickie publicatina 111d try 10 gct -for the placcl \\'bcrc -lam: -=-cic:I . Council Member Ciarmt llalcd tllll Plaming 111d l.oaing has one too. Mayor Bums aid bc thought that mybc they should ask Sue Bradlhaw to pnx:ea this 111d ICC who they ha\'C, who is available. He IIOlcd tbcy lllllally do this C\ICry six months, but there are times in ~ where they may have to advenise . Council Member Waggoner sugcsled they advenise for spccirlc bouds, lhoee that hive vacanciel . Several Council mcmben concurred . • . .. •· • 0 }cmm:- Ea&tewood City c-11 April ,, 1991 ••• • 0 I • • Council Member Habcnichl said tbal is wbal she is suggesting. cspccially since !here arc a few that arc suffering right now . Council Member Bradshaw said she thinks that is iq,or18Dl. Mayor Bums stud he agreed. (iv) Council Member Waggona-: I . Reprding smoking at the bigb school apin, Mr. Waggoner advi9cd, the same person tbal a,mplained ... lime. complained apin, belwccn 7:30 and 8 :00 in the morning. In response to Oluncil Member Bradshaw, Oluncil Member Waggoner said it is right up by the hip IChool . 2. He llated he ~ out• E~ about a IIIODlh ago, about the time it took for police to n:spond to an incident • Romans Part. He said he does not think he has hcaid back about tbal yet. City Manqer Sears said he WM not sure he had either. He advised he would do a follow-up on that Council Member Bradshaw noted tbal tbal activity has been going on !here a long time. Council Member Waggoner said he~ 11111, but they happened to see this one going on and they tried to get some police there and it just took too long. Mayor Bums advised he got feedback in that neishborhood as he has walked through !here, during the election cycle too. He noted it is in his district and it has been coming up regularly . 3. He stated that he thought some lime ago he also asked for a n:port OD the retiree insurance coverage OD health. City Manqer Sears said tbal wu right, tbat-tliey arc working OD that. Tom Kcnhisnik is taking a look at tbal, he advilllll, and he thougbl they would probably be bringing tbal infonna&ion back as we take: a look at our budget information . He said he knows that Frank Gryglewicz and Tom Kenbisnik arc taking a look at thal. .. Council Member w...-, llbd iftbal is for the mirces, wllcthcr they are under the rqular program. City Ma-., Scan said 11111 is right Mr. Waggoner med if they are going to try to keep them under the regular propm. Mr. Scan advilcd they will do a follow-up . ,. Council Melllber w....-DOlcd tllll we -.led a couple cl ...... ago OD the DROP propan, a n:port oa tllll. City M-,er Sean ~ 11111 he "-11111 is ICbeduled ID come back to the Council . Council Melllber ~ IIOled it 18)'1 Ille ..... IIClll Tucldly. SIie llbd if tliey are tllkillg about -WiCljCIIC)' ... ;.a -,body. City Aaaney ~ said tllll is a._ pl'ClpW. The DROP ~ oa --,mcy. Ml. 8ndlllaw lllbd. c-il Melllber Waggoner aid 11111 the way he udelllBlldl it is tllll die DROP pnipaa is differait. it would apply ID aiybody in the City ... F~ Police, ncm-anerpncy. City Aaol1ley ~ aid 1h11 it ript. But. C.ouncil Member S........ --. they arc talking abaul lllll nexa TIIClday . City Attorney Brocma said no, 11111 he tlloupl they were talking about a differenl pnllJalll llCXI Tllelday. He ~ they are linilhing the acn.ials on the DROP program for everybody . Council Member Bradshaw ad City Manager Sean indicaled it ays DROP . City Attorney Broui-i aid he lhouglll they were going to bring Police , Fin: and -.-FDCY all at once . Council Member Biadlhaw DOied Mayor Bums does Police and Fire and 1be does --allelJCIICY. •. ... •· • 0 , - - • • • 0 I• • Eapewood City Council April 6, 1991 Pace 29 Mayor Bums said he thought there was going to be some discussion on the DROP program at the meetings on Thursday for the Police and Fire pension board meetings. City Attorney Brotzman explained that he thought they wen: going to wait to put than all together. (v) Council Member Habenicht said she just wanted to stale for the record so it would be in the minutes, that we did ha~ three young people who wen: rec:ogniml by the Metropolitan Mayor's and Commi.-'s Youth Awards Program who will be recx,gniml al the mctro level . She poinled out thal she thought there arc just four from each County and so three of than arc from Arapahoe County from our nominations . Two from the Altcnllli~ High School and one from Englewood High School . She commcnled thal she and Mayor Bums sat with some of thole IIUdents that were being recx,gniml and they beard so many of their stories and they arc really very special and really apprecialC those people in the commWlity who nominate and rccogni:zc these kids. Mayor Bums cm:ulalcd the pictures be brought back from the County Commissioner's Youth level, but be noted, our own kids arc in there. (vi) Council Member Waggoner asked about the report that was to come back to Council on the thee onlinanllcs for the Englewood Housing Authority . City Manager Sean advised that the housing committee is still working on those issues . Council Member Garrett Slated thal the next meeting is next Monday. 13. City Muaaer'• Report (a) City Manager Sean thanked lhe waler and sewer people as lasa Thursday they had a change over of some of our lines and we had a pressure drop on some of our lines. 1bcy got it back up and operational ... ii was a full day, in conjunction with lhe Allen Plant conllJUClion. 1bcy wortcd bard 10 do thal, be said, and we really had no complaints in ICrml ol water problems. Council Member Bradshaw said that was .-cat Mr. Sean poiNCCI out that Bill McCormick and Dennis Stowe did a really good job on thal . City Manqer Scan mmtioncd that Dennis Stowe. on Swlday morning. also said that the planl was down for a couple ol houn to do a chance -r on the consuuction there . And again. he said. there were no odor problcms on tbal one . So..lhqc. have followed up on that. Mayor Bums -...cd dial be thoughl they allllOll lllllici.-,cl odor problems on thal one, but it didn't happen . Cily Manqer Scan said 1h11 was true . (b) City Ma-., Scan said. in lalllS olthe Englewood Ccaer, lbal be really didn't have anything to rcpon . He IIDtcd 11111 the poup1 are womng bard on the --., they arc womng bard on the tcnanU. they arc working bani liking a kd al differcat pcnpcctives. Pliler Caldlorpc has bcca out bcrc and mel wilh the tam. He llaed they arc MIiting on a day to day bail and be dlouglll tbc reviled plan 1CC111S to be coming fOFtbcr . Mr. Scan advilcd, it ii bis Ulldcr-.diag, tllll Skip Miller has llcpped forward to try to cost OUI tbc plan, 111 be bas aa undaunding ol exactly wllll die ClOlll arc for doing a plan. We arc in the dilcuuion 111,c in tcnnl ol whll ow c:o5ll may be Md wllal dleir IXIIII arc . And, be adviled, we arc also doing a follow-up on the Foley · s building in tcnns ol -al Ille iaa tllll were railed aa the last Council meeting. in tcnns of efficiencies between differcnl dcpa1wau. City Maaqcr Scan aid be has lalkcd to David M. Griffilh and Associates wilh Frank Gryglcwicz. about polCmially doing 111111e analysis on our different dcpartmcots to sec how we can incrcue cff'acicacy and cffccti-. as the Foley 's building comes together. And he is going to be gi vi ng us a propcml to take to the staft"and lhcn back to the City Council . II is progressing, be said, and lhc plan -to be ICllina inlo a linlc bit more of a fmal politioo to come back to Council for their review and dcc:isioll. He IIIUII if Couacil bad my questions . . . "' - •. •· • C , • • l.a&lewood City Council April 6, 19'1 Pace JO • 0 • Council Member Waggoner asked if there was anything new on any of the~ stuff'yet. if they are willing 10 make any conlact yet . City Manager Sears advised that Skip Miller is mcding with the individual tenants and Tim Leonard and Marilee Utter are mcding with bim. Mr. Sean llalCd that he has a meeting with Wal-Mart Wednesday afternoon . They did meet with them ... week, be aid, and be lard it was a pretty successful meeting from all sides . He said he was not SUR, rally, which tawll5, in addition 10 those they have already kind of talked about. that Skip Miller is meeting with. But. City Manager Sean DOied, he does know that he is meeting with several ochers. Council Member Waggoner stated there is DDC concem about the location afthe tbealer. Council Member Bradshaw advillcd tbere is a concem about Fox Sbeet going Sllllight through again . City Ma-,s Sears said tbat Im boca nlillcd 10 them and he tbougbt the tcan is aware of the a,nc:ans of the property owners to the north and they are pulling that infOl'llllbOll in. Righi -, he llaled, there is a loc of discussion about infrastructure. in terms of roadways and connections. He said he knows that Inca is being discussed, in lieu of Fox. in terms of connecting to Danmouth. But again. he noted, he does not know. He pointed out that we have Public Works people , planning people and everybody, kind of sitting clown and tryin,-figwe,out what mites sense there. Council Member Waggoner suggcsled that when they are looking al that they better be talking lo RTD, too. Bcc:ausc, he DOied, they have DDC real concerns about the bus route off'ofDanmouth into the Park n Ride . City Manager Sears staled that Rick Kahm has been talking lo them pretty illlettly, along with David Tryba, in terms of how Floyd is used for bus uansponation and then a connection back up lo Danmouth. There is some discussion, City Manager Sean said, about a smaller theater in lieu of a larger theater over there . So, he noted, there is a lot of internal discussion from the different factions. But, he opined, everybody is stepping forward, trying 10 work II the staff level , lo come together with what is the best project, or~ one or two alternative projecls, to come back 10 City Council with . Council Member Bradshaw asked if we are on time . Council Member Nabbolz asked if he said smaller theater. Potentially, City Manager Sears said. Mayor Bums asked if he was talking about the movie thealas. Mr. Sean said yea. there BR a couple of different tbcaler companies that they have talked 10 and one them promotes• 111111111a' aaa:n Iha what was talked about . Council Member Rabcnici. asked if we are still addressing housing. City Manager Sean advised that we are , housing is a critical pll1 of the whole dilCUSSion and whether it COIIICI internal, whether it is more on the outside, ii is there . He said that he knows that Peter Caltborpc, in bis plan, feels like that is really UllpOl1ld. The housing comcs in 10 pay more money up front, but the loag term return, in terms of recail sales back 10 the City, you don't have that. So, there has been a loc of clilC:uaion about the types of housing. Al Ibis time, he advised, they are looking at a high end renlal that can be lnnslalcd over to condominiums or lownhomcs. He said he knows there was some dilCUllion, which he lleppcd on right away, or came back 10 in 1crm1 of, which was plcd, because he docs not think a pat ClOIIUllunity makes ICIIIC. Exactly bow the housing would fit into the thcaler and bow ii would rdlle to the lllfflc that is there, whethcr or not lofts make ICDIC ... all those alternatives are being looked at, cspccially by Pder Callborpe and Marilee uucr . Then the COIi of housing in terms of how much tbat nay pull away from the total projec:(. is looked at City Maaacr Sears commen1ed that , right now, he knows the numbers BR going back and forth bctwccn 400,000 and 430,000 sqUaR feet of recail , and 1h11 is the number they are trying 10 keep in there . He said he would just say it is dynamic, but all of those ima are being m,iewed u 10 bow they can work . Council Member Habenicht advised that she has visilcd a nwnbcr of movie theatas in tbc area aad Ille bu no1 been overly impressed . But recently , she said, they went twice 10 ICC fH-II the._ Highlands Ranch .. •· • 0 J- Ea&kwood City Cauac:11 April ,, .,,. P .. Jl • • ,~ • AMC. She ukcd if anyone dse bas been out then:. She recommended they give it a shot. Ms. Habenicht stated she was imprcaed. that she felt she was al a quality space . Mayor Bums ClOIIUIICnled that that one bas been given a lot of publicity and he thought then: was a new one at Watminsterthatjust opened. Mayor Bums said that he understands we have not been slowed clown by the INS raid OD the pcnonnel doing the nnedialioo Ill the Ccatcr. City Manager Sears advised lhal that is bis undenlwling. He said he wished Rick Kalun was hen: to give a little more of an updale. Mr. Scars -.eel dull they fOUDd a linle -8lllelkJS in the Joilins building tlao we anticipllled would be then:. He said he "-" then: is a lot of discuaioo ping OD al the ane time about demolilion and how the demolition can wort with thole individual buildiop. Perllapl. he noted, c:ataio buildings can be demolithed with the 8lllelkJS aclually llaying inlide and CJChen have to be tralllpOrtcd outside. He said that is kind of OD going while WC go through the rest of the project . Mr. Sears IIOICd he oould not answer his queslioo tolally tonigbt. that be will have to get back to him. Council Member Bradshaw asked if we an: on time . City Manager Sears advised that he thinks they an:. We an: ~g-,eklyad he ~ they have gone through 15 differed plans and all the participams have been working tlnuab that. He said he thinks they an: pretty much aware of when: most of the issues an:. Mr. Sears opined that things will get 1110N difficult fter the next two or three weeks when they actually have to say that this is the plan or this is the plm. Maybe with a aiuple of alternatives, he noted, they will a,me back to Council and say this is how much it is going to a>st to make that plan wort . And this is what the developer pays and this is whal our obligations an:. They had to go through all this stuff, he maintained, in tenns of pulling everything together and he thought it would get more difficult over the next several weeks. But from all sides, he advised, they still seem to feel like they an: on track and at least they will have a plan to presenl to Council OD the , ... Rcgarcling one other thing. Mayor Bums IIOICd they talked about RTD, in our agreement, was to provide the parting. He opined then: arc pliJII to be IOIIIC serious paiting issues at Oxford. 1bere was an article in the paper about it n,ceody, he said, and John Claflin from the RTD staff talked about that and said they don't Wlllll to overbuild, they wanted to be conservalive when they start. But, Mayor Bums ClOllllllCDICd, he can aee people sayillg well I cao't pat al Oxfonl, I will go to Cinderdla City. They an: ping to scan loading up the puking facility al Ciaderdla City, becaUle there is no parking al Oxford. Mayor Bums opined they arc,iUIIMMi111 ct 1.-and lie told them dial oa the tour they llad RICClldy, dull they have pll lO get -)latiog al Oxford. Because, he noted, people arc ping to try to pan then: anyway and we are going to be citing them and then they are going to go to the IU:relllioo cmter and pat in that lot and walk over . He said he just !hims they arc kidding themselves about this patiog isme . At Mincnl too , Council Member Bradshaw said, they don't have near enough. Mayor Burm agn:ed and DOied it will probably be a problem al ACC and Evans . Council Member Bradshaw ~ that ACC is ping to be a big problem. City Maoqcr Sears said he !hims dull the pamng. which bas n:ally been kind of the primary, initial focus, ICClll5 to be coming together better tlao people thought that it would. There appears to be. he noted, adequaae paikiog for the different types of UICI, that arc on the silc over there right -, llliog p1111 of the existing structure. Bui our foeling. he noted, to a OCf1aio eX1ell, is dull we may go back to RTD for additional funding. bccauK of the patiog requirements 1h11 ~ ping to be then:. To help c1oae lhal pp, Mayor Bums said. So, City Manaeer Sears said, they need to lmve the plan, lay that out and then late it back to RTD. Because. Council Member Bradshaw commented, this is a good project for them. City Manager Sears agreed this is a great project.. Mayor Burns noted this is a showcase project for them . 14 . CltyAn-y'1~ ' ----~--=----. 6' ~ • . •· • 0 - - h&iew ... City C..acll April 6, .,,. Pqe32 · ... <. • • t• • (a) City Auomcy erouman lllkcd if they wanlCd to formali7.C a m:ommcndllion to Public Works on truck weights . Council Member Bradshaw and Council Member Nabholz said 7,000. Mayor Burns quc:llioned wbdbca' be jull needed a a,mcn-Mr. Brolmml said yea. Council Member Habcnicbl llkcd if be need a mouon. Oty Attomey aid no, the OOlllelllUI -fine. .... "' -. ' • ' .. • • 0 .. • • • • • t• • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 6, 1998 7 :30 P.M . 1. Call to order. '7 :J(} fl"-" 2 . Invocation . /)~ 3. Pledge of Allegiance. ~ 4 . Roll Call. f/ ~ 5 . Minutes. tJff' '7,(J a. Minutes from the Regular City Council meeting of March 16, 1998. ~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. The Englewood Elks will honor the individuals they have chosen as Police Officer of the year; Firefighter of the Year; and two Citizens of the Year . 7 . Non-Scheduled Visitors. (Please limit vour presentation to five minutes.) SunnrHaallnd · .-......... ... ..... OdWd"'-a.we--OdWdl'llct .._Caplw .,_.....,. .-.-enr .QdWdl'llct .,..,.._ _,_.......,. i... ~-Oldwdl'llct 111,y s... Oldwdl'llct Jo ...... QdWdl'llct 8 . Communications, Proclamations, anCI Appointments. 'r/4.!/l-o a . 'ffd'l-0 b . c . Of'pd'l-0 d . °fl1tl'"l-O e . °ff''1-0 f . 'ffJ'l~() Letter from Sa".{lj Pf.ema.~ her resignation from the Englewood Public Library Board. ~ Proclamation honoring Christina Blomberg on the occasion of her 100" birthday.~ Proclamation recognizing Officer M~ O'Cl.>n"?r as the Englewood Elka Lodge Police Officer of the Year for 1997 ~ Proclamation recognizing FiretlgtMr ~ ¥cLai" as the Englewood Elka Lodge Firefighter of the Year for 1997. ~ Proclamation r~!'P ~Ta W ier as the Englewood Elks Lodge Lady Citizen of the Year for 1997. //~ Proclamation recognizing Wil~ ~r 1 !5 ~e Englewood Elka Lodge Gentleman Citizen of the Year for 1997 . ,,.,~-- PINN nom : If you haW. dlubllly and ........ 111ary ..... or -ADIi, ....... ...., .. City al ....... ood (712-2405) at leut 48 houra In advance ol when..._ .. ,....._ T1-* you. . . --- •. .. • • • 0 «• • Englewood City Council Agenda April 6, 1998 Page2 9 . 10. Proclamation declaring April 17, 1998 as Arbor Day.~ Proclamation declaring thew.,,~ qf ~ril.1J,through 18, 1998 as Englewood Telecommunicators Week. ~ Proclamttion declaring the week of April 19 through 25, 1998 as National Library Week ./)~ Public T · (None scheduled) Consent Agenda. a. Approval of Ordinances on First Reading . i. Council Bill No. 7 • Recommendation from the Parks and Recreation Department to adopt a bill tor an ordinance approving an Intergovernmental Agreement with the Colorado Water Conservation Board authorizing an \ easement tor a bicycle/pedestrian path. STAFF SOURCES: Jerrell Black, In ~LL, Director of Parks and RecrNtlon and Dave LN, Manager of Open Space,.-,,r-- Q O .11 ~II" .M!)t<>Yaj 21 Qrdinances on Second R~a~in$J . f7'W{.II~ ~urz.-o 1otrii Fm111 e4AJ~ ,#,i.'1/Jlr M ,1-j: ;Jj ,._J1} Council Bill No. 82. approving the South Subu~.,':an~ .. ~~it Development v "<J, 'Tra ~ Amendment for Cornerstone Park (as amended).v--V___. k7 J JJe. .,, ~-... j-Council BJ'~o~~~si' the Truck Route designation on West Union Vtl)."'r,.. ~?-{J'-venue.,,,,-rJ!'_"--:,J . C. ~solutions and Motions. '1 A-JJ/OLL aM()IIUJ. /()& I ~OA. t!411sE.A/r ~IA r.ll,nJ'7-0 i,.:n,iJ.. tr~ 1od.-ii ~111 -,r• i. ecommendation from !Y"Depat1ment of Public WOfks to adopt a resolution n _ _ L allowing a negotiated contract with Bituminous Asphalt Sealing Specialists in ~5/ b~J?~ amount not to exceed $350,000 for the City's 1998 Micro-surfacing ~ 1 r"' ~rogram. STAFF SOURCE: a.tee &llrty, Dnctar of Public Worb._ _ f/ .1 Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for the T,.,.,er Pump project at the Gott Course. STAFF SOURCE: Frank Gryglewlcz, Dnclor of Financial ServlcN. iii. Recommendation from the Department of Parks and Recreation to approve, by motion, a construction contract for the Golf Course Transfer Pump Project. Staff recommends awarding the bid to the low bidder, Colorado Water Well Pump Service, in the amount of $94,200.00 . STAFF SOURCES: Jerrell Black, Director of Para and AecrNllon, and Dave Lee, llanager of Open Space. Plew nala: If you have a dl1 ,~ny and need......, aide or wvlcN, plaW nallfy 1w Cly ol l&,alsaOOd (7U-240I) .............. In ....... of when NrvioN ......... "** you. •. .. ,,; • • 0 -• • - 4-.. .:nglewooct City Council Agenda April 6, 11111 Pagel 11 . Regular Agenda. a . Approval of Ordinances on First Reading. i. Recommendation from the Department of Neighborhood and Business ~ /(~-Development to adopt a bill for an ordinance approving Industrial Zoning ?{) Amendments and to set a public hearing on this issue for May 4~'1/ ~ 1 J • uwl 'J-o IA'1~u~1rn~.~-~.J,,-;;-:;;i9;;:r-,r.,. b. -{J(jprovat of Ordinances on Seco~g':'.cw*?J U,,_ i. Council Bill No. 15, authorizing the execution of Intergovernmental Subgrantee d1J.:,rr· ~ hi Agreements for the 1998 Arapahoe County Community Development Block TT" ?-t'.:)Grant program. ~ _ 1 11. . I ii. Council Bill No. 16, approving an Intergovernmental Agreement with Arapahoe ()~J..'f ~ n County accepting rep~~~~~ under the Community Development -rr"' /~lock Grant program .-..,d,~ ()?..J. .j. ?c-~-ii. founcil ft.ill No. 17, authorizin9e purchase of the Gothic Theatre. /JI~ ,-.:, ~ -I lllA-Y: WM,qoAJ~ -·-~ c . esolutions and Motions. % 12. General Discussion . a . Mayor's Choice. i. Pfffl ?-0 Council Bill No. 19 -A Bill for an Ordinance approving an Intergovernmental Agreement with the City of Denver assigning and transferring a portion of Englewood's 1999 allocation of private activity bonds to finance~ 1 housing facilities for low-and middle-income persons and families. /I~ b . Council Members' Choice . 13. City Manager's Report. a . Englewood Center Update . 14. City Attorney's Report. The following minutes were transmitted to City Council between 3/1~: • Englewood Public Library Board meeting of January 13, 1998 • Englewood Planning and Zoning Commiaion meeting of March 3, 1998 • Englewood Liquor Licensing Authority meeting of March 4, 1998 PINN nale: I Voll haw• dl11'11lllty and Med_, alda • w-lla11, pllw .-, .. Clly ol lt ... aood (712•2405) at ..... 41 houra In advance ....... a.WIN .. ....._ lllalk,au. . , .. •· • 0 ]- • • . ' • . ' . ~ PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS DATE: APRIL 6, 1998 NON-8CHEDULED VISITORS MAY SPEAK FOR A IIAXIIIUII OF FNE IIINUl'ES. EACH PERSON SHOULD 9IGN 11tlS PUBLIC COMMENT ROSTER, STATING NAME. ADDRESS, AND TOPIC OF COMMENT . . t~?ffJ!w.;,; .'.·. ~ »i,:,·:«iW<-~ ~--._. ~Y:W ' y-· • ·•.·,y • -::-~·.w PLEASE PRINT NAME ADDRESS TOPIC /VI <tw'(;, ,~'<'nJ... 'l l, Mb<><..! 11 , 1 , t , , >·~~/RZ~~) r"1t~wood p/j5 i..ti..'2-3tf()f,J.so·"'-. likffitlc/ c,·.f,z.e t,.,.ofn..~y,,,_ J, .vi -:Pr; 1·.ih-I..D51> -1/ 1 1 J ..s ~ w ,uL4; 11.tJC, ' ' .. . , • • 0 -• • t• - . « ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLOllADO ReplarS-- MARCB 16, 19'1 l. Call • Order The regular meeting of the Eaglewood City Couacil -called to order by Mayor Burm at 7:40 p.m. 2 ......... The inwc:atioa -gi,,oen by Couacil Member Nabbolz. 3. PlellaefllA._,_. The Pledge of Allcgianc:e -led by Englewood Boy Saiut Troop No . 2S9 . 4. ltallCIIII Present: Absent A quorum WU present. Council Members Nabbolz. Clapp. Gam:tt. Bradshaw. Habenicht. Waggoner, Bums Nooe Also present: City Manager Scars S . ..._.. City Aaamcy Browmn Dcpuly City Clcrt Caltlc Director Ellerly. PulllK: Works ffausill& FiaaDCIC Spa:ialill Grilllllldl Plamliq Aslilla.-Demaill& (a) COUNCIL MDISD NA8BOLZ MOVED, AND IT WAS SECONDED, TO APPROVE TBI. MIN1J'nS OF TBI. UGUIAll MUTING or MARCH 2, 19'1. Ayes: Council Members Nabbolz. GIima. Bnldsllaw. Habenicht. w.....-. Clapp. Buns Nays: Noae The IIIOlioa canied. (a) Jiaay Boully aad B,yce ,-_ ha die Eapwoad YOIIIII W.-liltc Chlb • ..._. COIIIICil qanliltl lladial far dlcir • ••, • die NMioall YOIIIII w.._. n u · a +·r T-ia Rcllo, Nevada. Mr. Boully laid~ dial be is lliae ,-sold aad ia die dlinl padc • Alice Tcny El ry Sdlool. He explaiMd dial be Ina widl Ilia clad. Ilia liaer --0 dlcir daa, Haaey . He aid Ilia IMarilc 1p1111 is WRildill& Md be 11&1 .._ wilh die Eapwood YCllldl w..au., Club for four ,-S. Mr. Boully lllid be -* Ina place II die dillrict IOUfflUlelll lllis ,_.. ud -die IIMC cllampioa. "' -. , 5 A • • 0 , ? • Englewood City Council March 16 . 1998 Page 2 • 0 I• • He aad dial. wtth die hdp of God and people like lhc members of Council. he will . hopefully. do well at lhc aat-i ---ID Raio. He promilDII IO do his bell. Bryce Penn !Old Council that he is eight years old aad in die .allld plllk • Maddox Eleaenwy Scbool . He said he lives with his mom and dad. bis brodlcr. Hayden. ud his two clop. He cxplaiaml that he has been in the Englewood Youth Wrestling Oub for two years. along Wllh approx111111dy sixty olher children. ages four through founcen . He said he bad i.a1y.fivc wuis. thnlc 1-. ud founecn pins this year. laking first place in seven out of six Ullll'mllaltS. He said he took first place at the disuict tournament, and fourth place at the swc toumame111. qualifying for die llllioaal IOUnlUlellt in Reno . Nevada on April 4th and 5th . Mr. Penn said that. in order 10 111111c this dram come uuc. be and bis family an: uk.ing many Englewood busines&cs and dubs 10 111111c clonalions 10 hdp Wllh ~ and hold cxpcmes. He asserted that any donations the City can give would be a very big hdp. He thanked Council for giving them both the time to speak about their Eoglewood club. and their goals. 7. Nae-Sdledllled Villilon (a) Jim Collins. General Counsel for South Suburban Parks and Recreation District. called Council'sancntion toa letter dated March 12. 1998, which was wrinen by his office on behalf of the Board of Directors of South Suburban . 11IC issue. he said. is over an addition that was placed on the PUD. which is before Council tonight on second reading. He said the addition calls for the construction of. what they read 10 say, any traffic improvements ncc:cssa,y in the vicinity of Corncrs10nc Pm. as opposed to those traffic improvements which would be related to South Suburban 's use of the put. He asked if Council intends to consider the alternative language: olfcrcd in said letter. Mr. Collins stated that Bill Woodcock is here also. and opined that he would say. essentially, the same thing. He said he would be pleased to discuss this with Council. Mayor Bums explained that, normally, non-5(:hcdulcd visitors make a statement and then Council might take ii up later. but there is usually no colloquy at this time. (b) Bill Clayton. 958 Eas1 Cornell Avenue. advised that he attended the Study Session earlier this evening. as he understood they were considering registering landlords. He urged Council to be clear about their objective. because: the culprit is not the landlord. the owner. or the tenant. 1bc culprit is old housing. he opined. which is tenant housing because owners will not live in it. It is old. small and poorly insulaled. he said. and some of the plumbing was inslalled after the house was built. II has bad wiring. and a modem family docs not want to live in a seven hundred squan: foot house that is poorly built. be said. These: houses will be tenant occupied until we tear them down. he advised . Mr. Clayton Railed that be and Roger Koltay hdped invent Project BUILD some years ago and be said he feels that is really the solution for this problem. but allowed that it is a subject for another evening. He urged Council to consider thosc typcS ol prognms. opining that this is bow the neighborhoods will be turned around. by replacing this inadequalc housing wilh housing that families will live in. raix a family and ba:omc Slablc citizens. Mr. Clayton swed 111111 landlords an: simply rapoading to an opportunity. We all want nice neighborhoods. he asserted. jUII as landlords do. It II not the landlords who pa,11 _iw* cars in thear yards. break out their windows and have loud pll1lCS that the police have 10 respond to . be said. If we have a nicer neighborhood. we can cbarF more rent. he a.al adding Iha! landlords like codc cllforccmcat ud would like more even code cnfon:cmcnl. Mr . Clayton suggested lhal. if they an: going 10 impecl rental pn,pcny . they sbould impecl owner occupied pn,pcny . He advilCd that the boUlc next 10 his rcnlal prupeny, which Im the urinal IIIOUIIICld oa lhc frolll porch. is owner oa:upied. and 11111 the boUlc clown the SIRld from him. which Im had a junk car in the back yard since 1973 . is owaer occupied. He II.Med lllll, as a laDdlord. he Im some pn,pcny be wmkl love to UltpOWC. but first be aecldl the neigllbortlood impnMd by some code cnfOltlCIIIClll. Mr. Claylon also IIClled that ludlonll an: not llard IO liDd. siacc they pay WIier bills and taxes. He also poillled out that lhc tcn11111 "-wbcrc to ftad them. He aid be • • • 0 , J - • • Englewood City Council March 16, 1998 Page 3 • 0 • I• . ~ bas worked. and will continue 10 work. lo help improve those kinds of silUllions. He urged Council to ooasider Project BUILD as a solution to this. offering 10 talk to Council at length about ii at some funue time. ( c) Roger Koltay. of Highlands Ranch. said ii is interesting that the people change, but the "' - issues that Councils discuss do not He said he would think that. by now. several issues would have been solved. One is junk cars. he said. recalling that he wor1led on that some ycan ago and thought then that Ibey had a solution for them. He said he mirrors everything Mr. Clayton said. with a couple of exceptions. One is on the water bill. Thal. he said. is where the City could find where the owner of the property is . opining that most landlords have the water bill go to them. He said he also feels ii is a tenant issue. and a code enforcement issue. DOI simply ludlords that arc causing the problems with properties. II is most likely a minor few who craa: lllllll of the calls. he added . Mr. Koltay said there arc also just general eyesores, and presented pic:llua IO Collllcil wbicb he took on his way to the meeting tonight. These arc properties that the City has. he Slaled. -of which were acquired back when he was on Council. He said he thought at that time tbal die City had a use for them. but apparently we still do not . Some of these arc prime properties that sit in some of the highest valued areas in our city . The City has taken control of them. he said. allowing that there may be a certain entity of the City lhal owns these propcnics. He said he would like 10 sec some solid propam 10 pul these properties 10 use and back on 1hc tax rolls. Mr. Koltay recalled that many IIICDlbeR of Council were sitting when he bought a lire station. which he SaJd he rctumcd to the tax rolls. costing him a horrendous amount of money . He asked 1ha1 lhc City do 1hc same with its properties and also think about the same issues Ibey arc askmg 1he landlords 10 think about Most landlords try to keep up their propcnics. he said. (d) Eugene Norman stated that he was born in Englewood about seventy ycan ago. He :.aid he lives in a van. which is against the law. but. as an artist. he is asking for artistic license. He said his creativity is. in some ways. cunailed by the law relative to living in a van. Mr. Norman stated that he does a loc of his wort in lbc van. He said he writes and mcdiwcs in lbc van. and oblclvcs some prmy amazing things. He said he feels that. as an artist. he should be aJJowcd to do these things. In the work area of lbc van. he said. he comes up with very unusual things. displaying for Council one of his projects. He allowed that artists arc. in some ways. quiie strange and different. He said he has a great deal of knowledge in physics and he works on ways of providing energy and different methods of flight . He asked that Council become more objective. and less subjective. relative 10 his situation. He said he is somewhere bctwccn a rock and a hard place with the police. because Ibey have 10 enforce laws relative to vans . He feels his artistic creativity is being limited by these restrictions. and that his problem is that he does not oommunica&c very well with other people. The problem that he wants to solve for himself tonight. he said. is that he wants IO be able: to do all these things in his van . He asked how he can solve this problem . Mayor Bums replied that Ibey-id havc IO bavc lDOR: informalion from staff. Mr. Norman asked ifhe could COlllacl them again before the police arrest him for living in the van. Mayor Bums said he could come back any time that he -id dloolc. but Ibis is as far as Ibey can go this evening. (e) Ken Klocwcr told Council lhal he owns property in Englewood and is an employee of the City of Englewood. He said that pan actually has nothing 10 do with the issue. but he said he did not want to misrcprelcnl himself. Mr. Kloewer stated that. in his opinion. this is DOI a landlord te11an1 issue. Radler. he said. it is a code cnfon:aaa1 issue. and. if we ~ have either more perwnncl to deal with code enforcement. or actual enf'orccmcnl of the codes. that ~ deal with the entire problem . 1bis is a property value issue and we lbauld lddrea it with code adoroement. wl DOI dilcrimiaale apinsl landlords. He llid the property tbM lie -is ia bcaer lllape dla cip&y paa:a1 or -of owner occupied property. Mr. Kloewer ---,eel Couacil IO look M the code cafolceaat. ~-----· - •· • 0 Englewood City Council March 16, 1998 Pqc4 • 0 • t• . « (a) A Idler from Krislio S. Coale indicating ber raigllllion from the Englewood Planning and Zoaing Commission -aJIISiclcred. COUNCB. MEMIIER BRADSHAW MOVED, AND rr WAS SECONDED, TO ACCEPT THE IIUIGNADON OJ KJUSnN S. COTl1.E JROM THE PLANNING AND ZONING COMMISSION. A)'CS : Nays : The IIIOlion carried. Council Members Nabllolz. Gamu. Bradshaw. Habenicbt. Waggoner, Clapp, Bums Nooe (b) A Idler from Rudi Greiner indicaling ber resipalion from the Englewood Public Library Board -COlllidered. Council Member Habenicbl llaled 1ba1 she served with Ms. Graner on the Public Libnry Board and she did a fine job. COUNCll. MEMIIU II.AIIENICIIT MOVED, AND rr WAS SECONDED, TO ACCEPT WITH IIECRrr THE RESIGNATION OJ RUTH GREINER JROM THE ENGLEWOOD PUSUC LIBllAllY ltOAllD. A)'CS : Nays: The motion carried. Council Mcmbcn Nabholz. GarretL Bradshaw. HabenichL Waggoner. Clapp. Bums None (c) A Idler from Mary ~ indicaling ber resigllltioa from the Englewood W,ar and Sewer Board -COlllidered. COUNCB. MEMIIU NAIIBOLZ MOYD, AND rr WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION 0, MARY NEUMANN JROM THE ENGLEWOOD WATER AND SEWD ltOAllD. A)'CS: Nays : The IIIOlion carried. 9 . l'llllllc Barill& Council Maallas Nabliolz. 0amu. Bradshaw, HabenichL Wau-r. Clapp. Bums ..._ (a) COUNCB. MDISU .. ADSBAW MOVED, AND rr WAS SECONDED, TO OPIN A PUBUC IIUIUNG TO GA11Ull INPUT ON A BW. JOR AN ORDINANCE REVISING THE TRUCK ROUTI DESIGNATION ON WIST UNION AVENUE. Ayes : Council Membas Nabllolz. 0amu. Bradshaw. HabenichL Wagoner. Clapp. Bums Nays : None The mocion carried and the public bearing opened. All~ -p'CII under Ollb. Director of'l'llblic: Wolb Ellerty llllllli dial Council Im cxpaallDd a C111DCC111 lbal die quality or life fDr raideals on waa Uaioa Aw, ._ Solllll Clay s.... w1 Solllll Fedenl Bolllcvanl. is .,._. i,y •. .. •· • 0 I • Englewood City Council March 16, 1998 Page 5 • 0 • .< heavy truck traffic on that section of roadway. West Union Avenue from South Federal Boulevard to South Santa Fe Drive 1w been included in the designated truck route system since prior to 1968, he advised. City Council's desire to remove the truck route designation on West Union Avenue from South Clay Street to Federal Boulevard. he stared. is based upon criteria other than the technical traffic engineering recommendations. 1bc intent of the proposed ordinance is to remove the truck route designation from a portion of West Union Avenue. the first step having been taken by Council on Fcbrwuy 17. 1998 and the second step is this public hearing that we arc having this evening, he said. Mr. Esterly submined. for the record. notice of publication of the public hearing in the Englewood Herald on Fcbrwuy 20, 1998. Bob Damial, Regional Manager for Waste ManagcmcnL Incorporated. 2400 West Union Avenue. reminded Council that he was before them on Fcbrwuy 17, 1998. when this matter was first discussed. He said he would like to rcitcrale some of the things he said al that time. and offer some additional input 10 Council. He SlalCd that Wasae Management 1w been localed al the Union Avenue address since 1980 . 1bc scope of operation involves nw distinct areas. he advised . He told Council that they base their truck fleet !hen:. which amounts to about I 00 refuse vehicles used to service CUSlOmers in the southern pan of the metro area. 1bc Olhcr operation there is a transfer Slation and material recovery facility . When Waste Management and the City permitted that facility back in 1985. one of the key considerations, relative to siting that facility , was access. he assened. Union Avenue provided excellent access. he said. This is one of the key factors that we. in the solid waste recycling business. have 10 consider when we site facilities. he stressed. Mr. Damico said that approximately 250 employees are based there who are involved in the collection operations and the transfer and recovery facilities. as well as the administration function for the entire IIICU'O area. He said he is DOI here 10 oppose cenain restrictions on Union Avenue. having tried to be a good neighbor and appreciating the concerns of the residents. especially those on Union Avenue . In tJying to be a good neighbor. we have routed all of the heavy truck traff'sc from the facility east on to Santa Fe, be advised. He pointed out. however. that. in conncaion with the operation of the transfer station. bundrals of CUSIOmcrS use the facility . Wasae Manqemcnl can not control its eus1omers. he said. in terms of their aa:as 10 the facility . We have cncourqcd our heavy truck llllffic eus1omers. he said. to use: Santa Fe and Union Avenue. Mr. Damia> said he would like to impress on Council that coasidcnlion should be given to the appropriale weight limits. so that aJIISidcralion can be given to both the residents and Wasae Management 's business conccrm . He submitted piaurcs 10 Council of the various types of traffic that frequent the facility . He said the heavy refuse vehicles arc DOI included because he assumes everyone knows what they look like. they are the large enclosed vehicles that arc constructed to haul refuse . Mr. Damia> said lhcsc arc pictures of typical vehicles Iha! use the facility . wuh the gross weight of each vehicle listed off to the side. 1bc vehicles were actually scaled as they came through the facility . There is a wide variety of vehicles that use the facility. he said. and expressed concern that. with the kinds ofweigbl limits that may be considered on Union Avcnuc. lhcsc types of vehicles might be excluded. He said these arc not the heavy traffic, which he believes is causing the problem. He ena>urapd Council to look IDIIICWhere in the 30,000 pound c:a&qory . He said a typical refuse vehicle weighs about 32.000 pounds empcy, and loaded they would be significandy CMr the 30.000 pound limit. All of the refuse colJcdion vehicles would be excluded. Mr. Damia> said that. if the limit would be within that range . it would have a tolerable: impact on the third party traffic. It would also exclude the recycling vehicles that we arc seeing more and more of. as most of the service providers arc providing cwbside recycling. TbOle trucks weigh about 26.000 pounds empcy. he sunnised. and. loaded. they would be over the 30.000 pound limit as well . He added that Wasae Management feels they can wort with 1ha1. having talked with most of their commercial customers who feel they can live with a rouae from Santa Fe Drive onto Union Avenue . If we get the limit to where it is going to affect some of the !hard party traffic. he mainlaincd. it will dl'ect our busillCIS dramatically. This facility serves the entire 111111h IIICU'O area. and cenainly the citiuns of Englewood. be said. 1bc City placed a tax on our facility back in 1986. he said. which brings in about SJ00.000 in revenue to the City, a big pan of which is generaled by this third party traffic. In uying to be a good neighbor. we have aim worked with the City of Englewood and the Clean. Green and Proud ' •. •· • 0 f - Englewood City Council March 16, 1998 Page6 • 0 • .< Commission, by providing free disposal over the last SC\leral years for the spring cleanup, he said. to the tune of about $10,000 a year. Mr. Damico said he hopes Council recognius the value of the facility to the City of Englewood. We are very c:omfonable where we are. he said. on thineen acres of property. One of the key a,nccms in siting a facility like this. he rq,eated. is access. and. if we lose access to the point where ii affects our business, we may have to look at other alternatives. even though that is cenainly not our pn:fcn:nce. Jean Moore. 2850 West Floyd Avenue. Sheridan, told Council that she serves on the Sheridan Planning Commission. She said she has a great deal of empathy for the people up on the end of Union near Federal. She asked Council to also be very concerned about where that truck traffic is going to go. II is not going to just disappear. she said. It may go north on Santa Fe. and then west on Oxford. to get back over in the direction it wanled to go. Unfortunately. we have a bridge on Oxford. she said. that is not in good shape now, and would very rapidly deteriorate furtber under heavy lrtleks. She asked that Council look at where the trucks are going. perhaps asking the people from Waste Management what path the diverted trucks are following if they needed to go west. but they have 10 go east fil'SI . It would appear that they are either going up Belleview or Oxford. she said. Ms. Moon: said she would be happy to olfer any more information from her Slalldpoint. Mary Cassell, 2986 West Union Avenue. told Council that she does not know how much more she can submit concerning her problem. She said she has submitted a twelve page document. pictures. and videos. as well as attending Council sessions and Study Sessions. We have voiced our concerns 10 just about every Council member. new and old. she said. and we have just a little more 10 submit tonight. We have signarures supporting the ordinance that was passed on firsa reading. she advised. as well as pictures. many the same as Waste Managemeot had in the brochure they gave to Council tonight . She expressed amalfflJC'DI that Ww Management considers their trucks the only trucks on West Union. There are trucks al every size. weight and shape. carrying every kind of cargo. and tnveling this little strcc1 night and day. she said. The rush hours. three limes a day. consist of two to two and a half houn each. and the trucks fO all day long. WW M•Mlffl!CD' 's diverting their trucks has helped. bul it has ROI solwd the probk:m. she said. Rcpnling the suppon vdlicles and their c:usaomers that use our end ol Unioa abo. she said. we caauact with Ww M•mgrmc:nt to haul our trash . The City also requins thal we aJIIUaCt with a ooauaaor to haul our trash. Tllerdift. the people who use the transfer station are coming from outsade our city to bring their uash. sllc -imaiw by our house. littering our yard, and we are in.lug their toxins. Tilis doaD 't leCID fair tllal we sllalald have. in addition to all the other Inds. added alth ri*5 from their CllllonlCrs. she said. She expressed gralilllde to Council for listening and hearulg. Mary Piper. 2929 West Union Avenue. lhaakcd Council for listening to their a,nc;,ems. She said that she wished Mr . Damico had been pracnt II tbe Sludy Session5. bccaule this dido· 1 jllll come up oa Fdln&ary the 1,-, it has been ongoing for flOIIIC lime . She said she ~ like to bave more dlaD five miDulcs bec:aUlc she bu SO many answers to IOIIIC al the things tbal -brought up ~ IOIUgill She aiafinned what Ms . C-11 stated. that they are very mucb aware of the appon veludes for W1111e Mamgcmcnt. They travel our strecbi by the bulldreds. she said . They comc aJIWeltld. they come UIICOVCl'ed. they come small ud they come big. It is not oa1y their lnlCb. but all the adlers 1h11 we have to clca1 with. she said . She asked anyone who is not familiar with the types of tnlCb 11111 they have to clca1 with. 10111C that aren 't eveo shown in tholC picluRS. to take a drive down IOIIIC of t1laK lialc strecbi. Laak in the indullrial area and sec the multitude olvehicles pubd down there. she said. tul umbow go in and OU1 altllal area. IIIOII of them on a daily basis. Now we have the little while baurdous malCria1s trucks pullina thCle linle white things behind them. she said. Ms. Piper said she is ROI sure what kind ol ha7.anlous IIIIIICria1s they have on their street. but would like to know whether they beloq there or ROI . We have pn,panc trucks and gasoline trucks and that is not very safe. she opined. She lll'elled tllal they are concemed llboul their health. their safety and their welfare . She said she recopiza tu1 there are 250 employees aa Ww Manqcmcnt. but Ww M•nap:menc is DOI the oaly offender. sllc WIied. She reali7.el thal everyone ' •· • 0 [C , . -. ·!1 , 2 - Englewood City Council March 16, 1998 Page7 • • • t • • < a-is to wost IOgelbcr. she said. but feds that Union bas been IIIOd for many years for the benefit of all the indulUial area. As citiz.cns. .e ave our rigbls. also. she coocludeci. Roy Rouse. 2916 West Unioo Avenue. said be bas only been a residcal tbcrc for three years. but in that lime be bas noliced a growing amount of truck traffic . It is not jllSl big trucks. but a small army of smaller vebiclcs and suppon vebiclcs thal go duougb tbcrc, be said. from the mini-pic:tups to vans and other vebiclcs 1h11 suppon the various industries 11111 aR located in 11111 area. In the two or three block long residcalial -. there aR a numller of cbildral and a school bus Slops in 11111 block . There is a part -tbe IIJect dial senior citizem and albcn like to use. but acx:ea is tough with all the trucks going througb tbcrc. Heavy traffic pulS out a lol of dull and polution. be said. It is designated as a truck route right -. bul it lmCIS the dea:riptioa of a feeder roure, be said. and feeder IOUleS cloa 't usually carry this au:11 traffic. 'This is like an arterial, illllad of a feeder roure. be oblerwd. Some of tbe truck trallic delours duougb Union because Ibey "-of this COlllnMl'ly, so Ibey go tbrougb the raidenlial area bcbind Ill and -of those people -beginning to be affected by bcavicr traffic. be said. Some of the people in the apanmcnt complex to the north 1R also cxpericncing bcavicr trallic. be SWCC1. and 11111 borders the part. He said be apprecialcs the help Council is trying to give them. but now it is swting to affect cweyonc in the ncigbborbood. and we aR going to try to solicit their help. as .ell. Anything we can get going bcrc, be said. would be much apprecialed. There were no funhcr questions and there was no one else present to speak to the issue . COUNCU. MEMSER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUSUC IIEAIUNG. Ayes : Council Members Nabbolz. Garrcu. Bradshaw. Habenicht. Waggoner, Clapp, Bums Nays: Nae The macioa carried and the pablic bearing claml. 10. C-A..- 1) Approval of Onlinuces OD Fi .. Reading Tbcrc -DO additioaal items lllbmillCld for approval OD first raiding. (See Agenda Item 11 -Regular A,enda.) COUNCU. Mll:Mall:R SllADSBAW MOVU, AND IT WAS SECONDED, TO PULL AGINDA rrEMS II (It) (I) AND II (It) (II) noM TBS CONSENT AGENDA ,OR DISCUSSION. Ayes : Couacil Mcmbcn Nallllolz. Gama. Bndlllaw. Habcaicht. Waggoncr. Clapp, Bums Nays: Nae The motion carried. Mayor Burns swecl that tbc leacr Mr. Collins rcfcned to earlier. and which Council bas a,pia of. pcnains to Apnda IICID 10 (b) (ii). Couacil Bill No . 12 . City Muqer Scan agreed. as that -also his undenl.ancling. Mayor Bums OOlllinucd 1h11 Mr. Collins explained. in bis previous remarks. why they would like to iuert this Wlgulle with rcprd to the traff°IC control improvemenll. which may be WUTUlllld clue to the dlecls of South Subulllan . s l'acilitiCI. "~ • . .. •· • 0 I • • Englewood City Council March 16, 1998 Page 8 • 0 • I• '« Council Member Bradshaw said sbc believes lhal language would go under Section 5. City Anomcy Brotzman agreed that the language oould just be substituted. Council Member Gancu asked if this was discussed at the meetings with South Suburban . Council Member Bradshaw responded that this was just brought up at the Council meeting by Mr. Waggoner. Mayor Bums said he has spmcn to both City Manager Scan and City Attomcy Brotzman about this and Slaff feels that this COYerS the issue. It is fair. balaoald and not quite as broad as the language we previously bad. be said. Mayor Bums asked Council Member Waggoner how he felt about it. Mr. Waggoner responded that he thinks they both say the same thing. but he docs not have any objections to the one that was presented. City Anomcy Brotzman cxplaiocd that. with this subslanlive change in the bill. it will then be republished in full. and then come back apin to Council for final reading. Council Member Habenicht said that sbc docsn ·1 understand. if Mr. Waggoner introdua:d the first wording, and secs the ~ ~ as being the same. how it is a subslanlivc change. Mr. Brotzman responded that the language Wider Section 5 is more cocompassing than the language that was proposed. (i) ORDINANCE NO . 20. SERIES OF 1998 (COUNCIL BILL N0.14 . IN11tOOUCED BY COUNCIL MEMBER BRADSHAW) AN ORDINANCE AU1llOIUZING AN INlcRGOVERNMENT AL AGREEMENT BETWEEN TiiE SOU11f SUBURBAN PARK AND RECREATION DISTIUCT AND TiiE CITY OF ENGLEWOOD . COLORADO . COUNCD. MOREil WAGGONU MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II~) (I) ON SECOND READING. Ayes : Coullcil Memben Nabholz. Gama. Bradshaw. Habenicht. Wagoner. Clapp, Bums Nays : None The molion carried . (ii) COUNCIL Blll NO. 82 . llln1tODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING AN AMENDMEl'IT OF 1liE PLANNED DEVELOPMENT FOR CORNERSTONE PARK (SOU11f SUBURBAN PARK AND RECREATION D1S11UC1) AND IN'IERGOVENMENT AL AGREEMENT FOR 1liE INCLUSION OF 2 IN-LINE HOCKEY RINKS , I SKATE PARK. 4 INFORMATION KJOSKS , 4 SHELTERS W11llOUT RESTllOOMS AND 107 ADDmONAL PARKING SPACES. COUN"CIL MEMBER WAGGONER MOVED, AND IT WAS SICONDID, TO APPROVE AGENDA ITEM 10 (b) (II). COUNCIL MEMBER WAGGONER MOVID, AND IT WAS SICONDID, TO AMIND COUNCIL BILL NO. 11, UNDER SECTION 5, BY SUBSTITUTING THI WORDING AS PRESENTED IN THE LITTER FROM COLLINS AND COCKRIL DATED MARCH 12, 1991. Council Member Habenicht med if lhal wording limits Council by binding it to the opinion m the City Traffic Engineer. City Manager Scan raponded that that is somcwhal COlllillClll to what we currently •· • 0 f ~• • 0 ,. - <. Englewood City Council March 16, 1998 Pagc9 do. He said ii is bis underslanding lbal tbc Traffic Engineer is tbc one who is aulhori7.ed 10 make lhose types of clelaminalions. If be doesn 't do lbal. lhen tbc Council can override bis decision and proceed in a way lbat Ibey would lillc IO do iL Council Member Habenic:bl said she jUSI wanted IO be SUR Ibey were DOI abdicaling lbeir n:spoasibility. Mayor Bums asked if tbc opinion ~ lbc lndepf:ndtnl engineering firm is binding. or wbelber ii is jusl an opiDion. or arbitralioa, or jull a suggalion . Council Member Habenicbl asked who pays for that. City Aaomey BIOCZDlaD answered lbat -would share lbc aJIL Council Member Bradshaw asked if-could -Mr. Coben. City Attorney Brauman .... lhat -would problbly wanl IO clarify lbc language OUl'ICMI • IO wbelber ii would be binding or DOI. Mayor Bums sugalCd having ii Slale lbal lbc finns would raider an opinion IO assist lbc City and South SubwtJan in cldenoining lbe reasonableness of lbe impn,wemenls proposed in lbc pro rata sban:. leaving lbc decision making to lbe two bodies. City Manager Sears said that. generally, the Traffic Engineer is going to come up with a recommendation hued upon lbc criteria that is tbcrc. If both entities do not agree wilh lhal criteria. lhcn you can always get a second opinion from another traffic engineer. but once Ibey arc hired. Ibey arc lhcrc to do lhc analysis and a,mc up wilh a recommendation for both entities. Council Member Bradshaw suggested leaving it as is. Mayor Bums agreed. saying that -can get too clcfinitioaal, and if-leave it the way ii is. it is not binding on any ~ lbc panics. but docs assist us. V• nails• die aaand-a: Ayes : Council Members Nabbolz. Gamu. Bradshaw. Habenicht. Wqgoacr, Clapp. Bums Nays : Nooe The motioll carried . COUNCD. MEMBU WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITIEM NO. II (II) (ii) -COUNCD. BILL NO. 12, AS AMENDID ON '81ST REA.DING. Ayes : Council Members Nabllolz, Gamu. Bradshaw. Habenic:bt. Wqgoacr. Clapp. Bums Nays : Nooe The motioll carried . (C) Resolutions and Malians COUNCD. MEMBIR WAGGONIR MOVED, AND IT WAS SICONDED, TO APPROVE CONSINT AGENDA ITEMS II (c) (I) TIIROUGB (w). (i) PUROIASE OF TWO PICKUP 11lUCKS TIBlOUGH 1l4E STATE OF COLORADO BID PROCESS FROM FOGLE OLDS/GMC IN 11iE AMOUNT OF Sll.509.00 EACH . (ii) PUROIASE OF Pl.A YGROUND P.QUIPMEKT FOR CEHraNNIAL AND BELLEVIEW PARKS FROM RECREATION PLUS. LTD . INlliE AMOUNT OF S36.JIII .OO . (iii) PUROIASE OF TWO HOWARD PRICE ROTARY MOWERS FROM COLORADO GENERAL EQUIPMEl'(J' IN 11iE AMOUNT OF S69. 764 . JJ . (iv) PURCHASE OF A 2.5 YARD DUMP11lUCK TIBlOUGH 11tE STATE OF COLORADO BID PROCESS FROM FOGLE OI.DSIGMC IN 11iE AMOUNT OF S25 .l60.00 . .. •· • 0 , Englewood City Council March 16. 1998 Page 10 • 0 • , . . ~ (v) PURCHASE OF TWO IS-PASSENGER VANS TIIROUGH 1liE STA1c OF COWRAOO BID PROCESS FROM FOGLE OLDS/GMC IN 1liE AMOUNT OF $43 .818.00. (vi) PURCHASE OF A REPLACEMENT FIRE COMMAND CAR TIIROUGH 1liE STA 1c OF COLORADO BID PROCESS FROM DANIEL MOTORS. IN 1liE AMOUNT OF $28,133 .00. Voce resulu: Ayes: Nays: 'The motion carried. 11 . Rqular AFnda Council Members Nabbolz. Garrett. Bradshaw , HabcnichL Waggoner. Clapp. Burns None (a) Approval of Ordinances on First Reading (i) Housing Finance Specialist Grimmett prcsc:nlcd a recommendation from the Englewood Housing Authority to adopt a bill for an ordinance authorizing the execution of lntcrgovernmcnlal Subgrantec Agreements for the 1998 Arapahoe County Community Development Block Grant program. Ms. Grimmett Slated that the three projects were passed by resolution last fall. She said we have been awarded funds and we now need lo enter into an agreement with lhe County so tha1 we can have these funds available. hopefully. by May 1 • for the projects that have been listed in the communication. This will fund approximately SIS0,000 .00 for the rehab program. SI0.000 .00 to suppon the Holl5ing Authority 's Family Sufficiency Program. and SS0.000 .00 for our rcplaa:ment housing project. which is an extension of the regular rehab program. Council Member Bradshaw said this says it is to benefit low and moderate income families. but it looks like all of them benefit low income: families . Ms. Grimmett said it is HUD 's definition. and they have shifted it a little bit. In the old days. literally low income used to mean eighty pcrc:enL DOW they define that as moderate. she explained. Council Member Bradshaw asked what the income would be for low and moderate. Ms . Grimmett responded that, roughly, for a family of four. low income would begin at about $42,000.00 or $43,000.00 annual gross income. One hundred pcrc:ent of median income. which is DOW the upper end. is more at SSS ,000.00. So eighty pcrcenl of that figure. of any family sin:. as defined by HUD . would be eligible. she said. Ms. Bradshaw asked if that would be about $40,000.00 for a family of four. Ms . Grimmett responded that it is. roughly, but it is a little bit more than forty. between forty and forty-five, that is low income. Ms. Grimmett comaed her st.atcmcnL explaining that it is a lillle bit more than $40.000.00 for moderate income. low income is fifty percent which used 10 be 1enncd very low. Instead of low/moderate. it used to be low/very low . Council Member Habenicht said she is just 1rying to undcrsland this. She asked if you could take a large three or four bedroom home in an R-3 zone that allows for multiple housing. and tum that into a four unit home as pan of the units, or arc wc talking about actual real CSlalC units the way wc would think of it. Ms . Grimmett responded that a single family definition aiuld be that example. but typically that is not what wc wort on, usually it is a single family residence more traditioaally zoned R-1 or R-2 . Rarely arc wc in something that is an R-3. though it is possible. We have worked on some. she said. where an owner might. live in one unit. As such. with this particular funding. she explained. the block grant funds would only be available for that unit which they occupied. and would not be available to rehab the rcolal units. 'The other pool of funding that wc have from tbc bank line of CfflliL she continued. would be availablc u a loan to them to work on thole rental units. so it would be a blend of the two programs. Ms. Habenicht •. .. •· • 0 , • Englewood City Council March 16, 1998 Page 11 • 0 • I• .~ said that the reason she brought up the issue is that she has had some concerns from citizens twer time rcprding larger houses being subdivided into rental units . She asked if Ms. Grimmin is saying. altbough it does allow for that. it is noc what we would do . Ms . Grimmett said the block grant program does no1 allow for us to do that. but the other funding would be that we have from the bank line of credit that is scparalC from this . We would typically no1 subdivide a house. we are there to rehab il she said. to fix the existing units that are already in place. Mayor Bums added that the house is in a certain zone district anyway. as far as what you could do with it Council Member Clapp asked if this in any way affects. or has anything to do with, the actual structure and aJllbXIS tbll we were looking 11. She asked if we are approving that program to continue for the next year under this in any way . Mayor Bums said this is cx,mplctely sepantc. Ms. Grimmett asked if they were talking aboul Project BUil.D . Council Member Bradshaw said they were talking about the intergovenunemal agreements . Ms. Grimmett said this has nodling to do with thal ii is completely scparalC. The funding that we have received from the Block Grant Program requires these annual agrccmcnts in order to receive the funds through Arapahoe County . she said. so this is more of an administrative clean-up in order to rccci\'e the funding lo enter into these agreements with Arapahoe County . Responding to Mayor Burm. Ms. Grimmett confirmed that these agrccmcnts are contractually between the City and the County. 11111 the Housing Authority . The Deputy City Clerk was asked to read Council Bill No. IS by title : COUNCll. Bill NO . IS. INTRODUCED BY COUNCIL MEMBER WAGGONER A Bill FOR AN ORDINANCE APPROVING AND AUTiiORlZING THE EXECUTION OF AN IN1cRGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 1998 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COIDITY COMMISSIONERS AND rnE CITY OF ENGLEWOOD COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA fRM 11 (a) (I) -COUNCU. Bll.L NO. IS ON nJIST READING. Ayes : Council Members Nabholz. Garrett. Bradshaw, Habenicht. Waggoner, Clapp. Bwns Nays : None The motion carried . (ii) Planning Assistant Denning presented a recommendation from the Dcpanmcnl of Neighborhood and Business Development 10 adopt a bill for an ordinance approving an Intergovernmental Agreement with Arapahoe County accepting reprogrammed funds in the amount of S27,780.00 under the Community Development Block Grant program . Mr. Denning explained that the funds were rcquesled to improve aa:cssibility in north Englewood by removing curbs and other barriers . Thcac funds were a one-time offering special nocice ol funding for a bricks and morw project that was to go in 1998, he said. We submiaed an application for activities involving code cnfon:ement ll'aining. removal ol an:bitcdUral blnicrs for founcen pedestrian ramps. home refurbishment or paint and fix-up for the elderly . and stree1 trcr planting. Council Member Bradshaw asked if they were given any rcaDI why they rcqUCIICd SI 13,000.00 and they approved basically live intersections. Mr. Denn.mg said the SI 13 .000 .00 were rcpropam funds. that were taken back . and were no1 used in other cities. Eligible applicants. under these considerauons. were non- ' •. 0 •· • 0 • Englewood City Council March 16, 1998 Page 12 • 0 • , . '« profits and about five other municipalities. They did not explain why they gave us only twalty-five pen:ent of the funding, he said. but it was definitely a bricks and mortar type of one program. one project. We bad a two or three week span in order 10 do a tum around time with the application and get ii to the County, he said. The Deputy City Clerk was asked 10 read Council Bill No . 16 by title : COUNCIL BILL NO . 16, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE APPROVING AND AU1li0RIZING 1lfE EXEcurtON OF AN INJ'ERGOVERNMENTAL ~sUBGRANlEE AGREEMENT FOR 1996 ARAPAHOE COUNTY REAPPROPRIATED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS" PERTAINING TO 1lfE DISABLED ACCESS PROJECT BETWEEN 1llE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND 1l{E CITY OF ENGLEWOOD . COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 16 ON nRST READING. Ayes : Council Members Nabholz. Gancn, Bradshaw, Habenicht. Waggoner. Clapp. Bums Nays : None The motion carried. (b) Approval of Ordinances on Second Reading There were no additional ordinances submitted for approval on second reading. (See Agenda Item 10 (b) -Consent Agenda.) (c) Resolutions and Motions There were no additional resolutions or motions submitted for approval . (See Agenda Item 10 (c) - Consent Agenda.) 12 . General DilCllllioa (a) Mayor's Choia: I. Mayor Bums stated that he attended the Neighborhood Watch meeting last Wednesday , which was well attended. We got some good information from swJ, Safety Services and the Clean. Green and Proud Commission on code enforcement, he said. as well as pn:scnwions on community policing. He said that he and City Manager Sears did a review of various things in the City, including Cinderella City . General Iron Works and our recent bid on the Gothic Theater. The meeting was lively and worthwhile. he added. 2. Referring to earlier comments about the landlords and the Project BUILD program. Mayor Bums opined that a more usdul program. with rcprd to improving the housing 5IOCk. is the Rehab Loan Program. There have been hundrals of rehab loans concluded in the City in the put twenty years. he advised. and only approximately twenty or twenty-five BUILD homes. The BUll.D program is popular and something to suppon. but the Rehab Loan Program is something noc to be forgotten . (b) Council Member's Choic:c ,,, - •. •· • 0 f '2 X Englewood City Council Man:h 16. 1998 Page 13 • • • ,< (i) Council Member Nabholz: I. COUNCil. MEMBER NABBOLZ MOVED, AND IT WAS SECONDED, TO GIVE $100.00 EACH TO JIMMY BOULLY AND BRYCE PENN TO HELP OUT ON THEIR TRIP. Council Member Waggoner said he was 1111( sure there were just two of them. but. rather. a whole group . After some discussion. it was clecidcd they wen: just asking for amlribulions for the two boys . Council Member Habenicht rccalled that for the Clo&c Up Program kids Council contributed SS0 .00 each. Council Member Bradshaw collllllCDted that they hid the c::apacity to raise a lot more money than those lilllc kids do. . Ayes: Nays : 'The motion carried. Council Members Nabholz. GarTcn. Bradshaw. Habenicht. Waggoner. Clapp. Burns None 2. c-:iJ Member Nabbolz thanked Council for appn,viag her trip 10 Washington. D.C .. adding dill ii -a wlllablc lcaming cxpcricocc. She said one of die bcllefiu sllc bnJupl t.ck -on billonc pwwwwlliaa. ad dae 11ft -benefits that aR explained in lier rqion. SIie ad n -Yer)' cxaung. ...... it --• bi& II the coafercoa: in Philadelphia. n.ae is I wmldl of lillbWic.a dill IS awailalllc a4IIC aall ai:cell 10 dift'ercnt ordinana:s lhat the variaa CIIICII M¥C ..... oa. rn. • .,_._. __ ICIM••••• ~ to nuisance ordinances. she said. C-=al lillllllNr W....,.a ISbd if it is infonnalion that -ca-· Ml NIMlal1 _.. •-i1411y ....... dial it relates to some of the issues c-il 11 ~ ....... 3 1k ~ City Clcrt was asked to read Council BiU No. 17 .,. 1111c COUNCIL BD...1. NO . 17. lNTilODUCED BY COUNCll. MEMIIEll NAIIHOU A BILL POil AN ORDINANCE AUTHORIZING 11tE PUROIASE OF 11£ 0011tlC 11EA 1D PRaiERTY BY 11tE CITY OF ENGLEWOOD. COLORADO . COUNCIL MEMSD N.UBOLZ MOVED, AND IT WAS SECONN8, TO Al'PIIOVE COUNCD. a1LL NO. 17 ON na5T HADING. Mayor Bums explained Iha& there has been I bid made OIi the Gothic. 111d !his audlomCI Ill to cany through beyond that 10 actually purchuc the property. City Allomcy Brottman concurnd. Ayes : Nays : 'The motion carried. Council Mcmhcrs Nabholz. Garrett. Bradshaw. Habenicht. Clapp.Bums Council Member Waggoner (ii) Council Member GarTcn : • < • .. •· • Cl I I 1- Englewood City Council March 16. 1998 Page 14 • 0 • I • . « - I. He thanked Parks and Recrealion Director Bladt and his staff because you can now lake a shower at the R.ccreation Center with hot and cold water, and you can determine the temperature you would like for as long as you like. 2. COUNCU. MEMBER GARRETI MOVED, AND IT WAS SECONDED, TO SUBS1TJ'UTE WEINGARTEN FOR KITCHELL Ayes : Council Members Nabholz. Garrett. Bradshaw. HabenichL Waggoner, Clapp. Burns Nays: None The ll10lioa carried. (Clert's aa1e: Weinpnen will replace Kitchell as the finucial um olthe redevelopment pannersbip with Miller ~opmeot.( (iii) Council Member Bradshaw complimented two staff members. She said the letter in the Council packets from Communications Specialist Hoffhines was excellent and she asked City Manager Scars to pass that along to her. She also complimented Library Services Director Long for his tenacity as far as soning through the Internet. She said she n:ally appreciates that and has sent him a couple of e-mails to that effect. also. (iv) Council Member Waggoner: I. He Railed that. a couple of years ago. the rairee health plan was discusa, and the then City Managcr sent a Idler to Administrative Services asking what happened to the recommendations that were made by the employee committee. He said be did not believe we ever got an answer or a finaliution of the °'*'-olthe diliCUSSioa . City Managcr Sears said be will do QIIC follow up on that . Mr. w...-, cxplaiDcd funber that it was in rqanl to which health plan the rairees were suppolcd to be under, and be recalled thal one of the sugcslions was that they be under our regular health imurancc program . 2. Mr. Waggoner swcd thaL a couple of meetings ago. he moved to !able some agreements with the Housing Alllbority unlil the City Manager could take a !om at tbole and come back with a rccommendlrion as to the besl way for Council to proceed. He amd City Managcr San bow bis rft'iew al thal was aiming aloq. Mr. San responded that the c:onuniaee mc1 111d bad a lol ol FOd di1alllion about it. in panicu1ar Project BUU.O. He said that he fdt the Housing Audloricy members. along with the City staff and Council. felt that some of these issues had to be iJOned out as to wbal the best 111c: olProject BUU.O funds sbould be and what the policies are as to who is elipble for tllOle funds . Mr. San said there is anolber meeting set up a week from today . Council Member Garren added that they got half WI)' throu&b , They talked about residential iuucs. be said, and the next time they will talk about business issues. Mr. Waggoner asked if we are getting close to bringing those back. Mr. Garren responded affinnatively . (v) Council Member Habenicht said she wanted to add a comment aboul lallals. She said she is wondering why the perception is. when son.. is lookin& for rental prupeny, they ftnd that the rents in Englewood are higher than any place dse. yet we are sayina that our housing Slock isn't IO great. She wondered. when we an: doing our rq,ort on the l¥lillbility ol housing, if there is aaydiiJla that could be looked at. • • , • • Englewood City Council March 16, 1998 Page 15 • 0 • I • • « Couac:il Member Bradshaw COIIUIICllled that relllS an: jusl high in the metro area right now. Ms . Halalicbt agreed. adding that. when her dlugbler and son-in-law were looking for a home to rent in Englewood. they could find much bigger, better hoUla in other areas for two thirds the rent. City Manager Sean said that rdleas the housing for sale market here. also . The sale values are very high compared to other areas and rent is the same way, he said. adding that it is something that we should uwatiplC. 13. City Muqer's Report (a) City Manager Scars thanked Council for an excellent retrca1 approxima&cly a week earlier. He said they had an opportuDity to talk about the budget and the finances. and where we arc. and to get a better handle on !IOIIIC of the capital projects. We have a full repon to Council on goals, he said. and improving communicalions between departments was discussed. We talked about some employee pay issues, also, he said. adding that he appreciated the opponunily to meet with department heads and that we are trying to improve communications with all of our employees. (b) He said there were a couple of meetings this morning concerning financing of Cinderella City. We are still trying to work through every one of the issues. he said. with GID 's and BID's, and special improvcmcnt districts. The numbers are getting closer and closer. he opined. and we arc planning on Thursday to give Council a recommendation regarding the Foley 's building. He said Mr . Miller is here if Council has any questions about where we arc at this point. Council Member Bradshaw asked if we are talking about repairing the existing parlting deck. Mr . Miller said that is comet. they are talking about repairing and utilizing pan of the existing dcc:k . Ms. Bradshaw asked if that is going to be $5,000.00 a parting space to repair it. Mr . Miller said that is conec:t. and that compares to $8 ,000.00 to $8,500.00 to build it new . Mayor Bums asked if they have acquired -gh engineering information to know the true COllditJon of the deck. Mr . Miller rcfemd to the report he had given Council . He said they wouldn ·, get the final numbers until they did more SlUdics. but we have had three different outfits. in collaboratton with each other. working on it. They have gone much further than we have gone before . and have slil1 to get the aaua1 number, he said. adding that he. llllf'OftWlllldy. has IIOl seen those things go down when Ibey Shldy them. they seem to go the other -Y. We an: thinking tbal is probably a number we will be using in the budgets that we show you. he said. We ~ ·1111 any lluther with it until we decide wbccbcr wc arc going to utiliu any of it or not. We fed the infonnation wc have now is dOIC enough for budget purpolCS. he said . Mr. Miller said they are working hard and~ forward and arc waitin1 for a deciSIOII on the Foley 's building. Today we saw the lina model built l'or one of the altcmativcs and we should have the second alternative tomorrow. he COIIIIIICllted. so we an: ~ ( c) City Manager Sean said Ibey bad a mceung with the suba>mnunce and Slaff repnling the Gothic today, and we arc lootin111 Friday ror die allcrnalivcs to come back to Council. It is really Council driven in terms of where we will ID widl Ibis. be said. but we WUIUld to do !IOIIIC analysis of the hisaoric preservation conc:ep1. the SllUCIWII analysis of the buildina and -other 11em1. Mr. Sean said that be has ra:eiwd a con&nlCt f'rom Direclor 0... 11111 be Weal al-s aad ...,_.a. to al 1eml do - clean up on the buildina aad take care of the llllllqllllC. We will do -paillWII, be said. beiaa mindfial of Ille biSIOric rcperamioal. bul WC Wllll lO deM ii ud ~ it widl plywood tliis .... Next 11111k WC •. • • C , - EnglewoOd City Council March 16, 1998 Page 16 . ' • • • " ue bapills IIO ba\'C IIIIDC ideal ud altamb-back to CouDcil • they C:U giW m IIIIDC clilectioD. be Slid. ••••• .. CouDcil Member w...,,,. ... if. .. tbc rdra&. openlical IUllill -~-Several yan ago , CouDcil ~ IOIIIC IDIIDCY iD tbc budpl tbr tbClle audits to try ID opera DR dficjeady, be recalled. City Maaqer Sears Slid they did DIil pt dill tar. but David Griffldl ud A.IIDCialCS -tbc firm that was bele. Mr. Sears Slid be met widl diem about a l!Ollh after be .... widl tbc City, ud tbeR is some moacy dial is out tbeR to do tllll. If CouDcil would like .. to lake • look al thal. he offcrcd. it would be ...,,... ,ie caakl do. Mr. w....-said. at dial time. they wesc pial to lake one or tw0 dcpUtlllCllts a,... ad welC pilll lO llart widl die City Maaqer'I omce. He Slid they Mre ping to do lOIIIC opea.....a lllllill • _,_ trm -ia-lloule people ID do lbolc. Mr. Sears Slid be will fbllow up OD dial. 14. City~·· ...... City t\dlllSY eroaman did not ~ any maners to bring before Council. 15 . ,WjlanaMIII MAYOR aUJtNS MOVED TO ADJOURN . The meeting~ al 9:08 p.m. . . -- ,, ~ . ' • . \ .. • • I --I J- • 0 - Sandi Ostema 2843 S. Grant St. Englewood, CO 80110 Apri 1 1, 1998 Ann Nabholz, City Council City of Englewood 3400 S. Elati St. Englewood, CO 80110 Re: 2844 S. Grant St. Dear Mrs. Nabholz: .< • 1 Due to a prior commitment, I am unable to appear in person with my neighbors on April 6, 1998, before City Council regarding 2844 S. Grant St. This residence has been an "eye sore" for years. I have 1 i ved across the street from this house si nee May, 1994, when I purchased my home at 2843 S. Grant. My neighbors and I have spoke with our Neighborhood Watch Block Captain on obtaining some sort of resolution. The reconmendation made to our 81 ock Captain by Code Enforcement was for a 11 of use to join forces and go discuss this with the residents at 2844 S. Grant St. This "rec011111endation" is ludicrous and dangerous. I do not receive a salary from the City of Englewood to do the job of its Code Enforcement agents and I resent the "reconmendation" to put myself in harm. Mike Kehoe is a retired federal police officer, and carries his 1 oaded gun with him eter'), time I have seen him outside of his house. So, once my neighbors go o fs"ifoor and "confront" him about the conditions of his residence and the three (3) derelict vehicles he has, we subject ourselves to the "make my day" statute. I don't think so. This is a matter that belongs to Code Enforcement. I think it is highly unresponsible for Code Enforcement to put this matter, which has received numerous attention from Code Enforcement, back into the laps of the neighbors. Code Enforcement is well aware of this problem. On many occasions I have personally witnessed Mr. 'Reilini"at"°this residence working on some sort of reso 1 ut ion. What a 1 jays happens is that Mr. Medina and Mr. Kehoe, together, inspect the dere ,ct blue pinto, and see that in fact it has one or more flat tires. Mr. Kehoe sprays air in the tire, and starts the engine and Mr . Medina leaves. Next day, blue pinto has flat tires and Code Enforcement is again called. Do the neighbors on this block need to set some sort of precedent on how mtny calls it takes to get this 111atter resolved? Mr. Kehoe had another derelict vehicle, a Subaru I believe, which he has just recently iroved into h·is driveway, most likely at the urging of Code Enforcement. There are now two (2) derelict vehicles in his driveway, one is covered so I do not know what kind it is, and one derelict vehicle (blue . ' •. ... •· • 0 , Mrs. Ann Nabholz Apri 1 1, 1998 Page Two ·~ (, • • • II ~ .. .• ~ .. pinto) parked on the street. It is my understanding that you can only have one (1) derelict vehicle in your driveway and none on the street. Again, I resent being told to do the job of Code Enforcement. The front porch of this residence is being used as storage. The house is partially painted bright blue, except for the front porch. It is my understanding that there is smeone living in the garage. Donna Kehoe is a friend of my daughter and goes to Englewood High School with her. My daughter has been in this house 111ny t iaes. I have been as far as the front door. I think if an inspection was 111de on this house and conditions inside the house, the Horton matter would coae to Mind, perhaps not dead animals, but certainly boxes stacked in the living rOOII to only provide a pathway to other parts of the house, probably a fire code violation? I am not the expert, but Code Enforcement is supposed to be. Please, please bring this to the attention of s0111eOne who will do something about this. This fruitless dance with Code Enforcement has got to end. Very truly yours, ~~~~ Sandra Y. Ost•a SYO/hs . ' . ' .. • • 0 \·· '1 0 \ -,,. . -~ ' - I ") 0 .. - < .... :1..- ~ CO'.o> =< c) ~'W ,u, '-' ~i 7 _., ~~°),1 _,_,._ ' ' I 0 (' • ' • . . y • • . ,.. • , . : .... ., • • -· 0 • -• • ., -... - , C ·-· -· ~ '\ ,, - . , • . I!' - ( , . , • • 0 - - Englewood Public Library Attn. Hank Long 3400 S. Elati St. Englewood, CO 80110 • • • .. .• C Sandra Y. Ostema 2843 s. Grant St. REce,veo Englewood, CO 80110 l303) 781-5420 March 20, 1998 MA:~ 2 3 i958 CITYMANAG ENGLEwoolRcS OFFICE · OLORADO Re: Resignation from Library Board Dear Mr. Long: It is with regret that I 1a1st resign from the Englewood Public Library Board. Life has a way of throwing challenges and I 1a1st pay attention to 111y Ollffl personal challenges. Thank you for the opportunity to have served. I sincerely express 111y good will and wishes of success for the future endeavors our Library. I will miss you all! •. ( ••• • • 0 - • • ,.. • • ,. ' C ,. 8b \ ,.,A PROCLAMATION ~ ~ tJ.J#,_i,r..th ~ r WHEREAS, Christina sd is an Englewood resident who has made a positive impact on the lives of many people; and WHEREAS, on March 30, 1998, Christina celebrated her IOO'h binhday, and the City of Englewood wishes to honor her on this special occasion; and WHEREAS, Christina's generosity and commiunent to the Englewood Department of Safety Services has been invaluable; and WHEREAS, Christina has been a devoted volunteer for Englewood's Victims Assistance program and the Englewood Deparunent of Safety Services over the past several years , spending countless hours making comfoners for the Englewood Police to give to victims of crime and other disasters in Englewood ; and WHEREAS , Christina has also been generous with her time and talents to assist people in area shelters ; and WHEREAS, Christina, through her kindness, compassion, and generosity, has been a very imponant part of our community; NOW THEREFORE, we, the City Council of the of Englewood '4Nfl.4Q.Jlereby proclaim best wishes for a very happy loom binhday to Christina Blo~rg an"'3otlcr our thanks for her generous gift of time and talent over the past several years. GIVEN under our hands and seal this 611, day of April, 1998 . Thomas J. Bums, Mayor Beverly J. Bradshaw Alexandra Habenicht , Mayor Pro T em Lauri Clapp Douglas Garrett Ann Nabholz Kells Waggoner . ' • • 0 - ] • • • <. ,. PROCLAMATION WHEREAS, Michael O'Connor has been named as the Police Officer of the year 1997 by the Englewood Eilts Lodge No. 2122; and WHEREAS, Michael O'Connor became an Englewood Police Officer in 1994; and WHEREAS, Michael O'Connor has given generously of his time and talents to the Englewood community with his professionalism, dedication and commitment to the Englewood community; and WHEREAS, Michael O'Connor's first assignment as an Englewood Police Officer was as a school resource officer at the Englewood High School; and WHEREAS, Michael O'Connor's career as an Englewood Police Officer has also included the Safety Services Patrol Division, as well as special assignment as an Englewood Impact Team Officer; and WHEREAS, Michael O'Connor has exhibited a high degree of professionalism as a police officer as well as quality characteristics as an individual citizen; and WHEREAS, as a law enforcement officer Michael O'CoMor is sensitive to the needs of the victims, but believes in professional and humane treatment of suspects; and WHEREAS, Michael O'Connor has worked many hours of his own time with the Englewood community in order to resolve problems; NOW TIIEREFORE, L Thomas J. Bums, Mayor of the City of Englewood, Colorado and Members of Englewood City Council, hereby wish to congratulate and further express our grateful appreciation to Michael O'Connor for his professionalism, dedication and commitment to the Englewood community and to recognize him for his selection as: ENGLEWOOD ELKS LODGE NO. 2122 POUCE omCER OF lHE YEAll 1997 GIVEN under my hand and seal this 6th day of April, 1998. Thomas J. Bums, Mayor Beverly Bradshaw Alexandra Habenicht, Mayor Pro Tem Lauri Clapp Doug Garrett Ann Nabholz Be Kells Waggoner ""· '"""•ao on~;,-.~- •. .. • • 0 - • 0 1, • PROCLAMATION WHEREAS, Ron McLain has been named as the Fire Fighter of the year 1997 by the Englewood Elks Lodge No. 2122; and WHEREAS, Ron McLain is a Colorado native; and WHEREAS, Ron McLain became an Englewood Fire Fighter in 1974, after volunteering for twelve years with the Franktown Volunteer Fire Department; and WHEREAS, Ron McLain has given generously of his time and talents to the Englewood community with his professionalism, dedication and commitment to the Englewood community; and WHEREAS, Ron McLain on his off duty hours can still be found doing volunteer work, he may be in a Santa suit, putting smiles on the faces of the young and old alike, putting a float together for a parade, or serving spaghetti for a civic club fund raiser, as well as working on numerous other community projects; and WHEREAS, Ron McLain has exhibited a high degree of professionalism as a Fire Fighter as well as quality chara cteristics as an individual citizen; and WHEREAS, Ron McLain has unselfishly volunteered many hours of his own time as well as his own resources to the Englewood community; NOW TiiEREFORE, I. Thomas J. Bums, Mayor of the City of Englewood, Colorado and Members of Englewood City Council, hereby wish to congratulate and further express our grateful appreciation to Ron McLain for his professionalism, dedication and commitment to the Englewood community and to recognize him for his selection as: ENGLEWOOD ELKS LODGE NO. 2122 FIRE FIGHTER OF 11IE YEAll 1997 GIVEN under my hand and seal this 6th day of April, 1998. Thomas J. Bums, Mayor Beverly Bradshaw Alexandra Habenicht, Mayor Pro Tern Lauri Clapp Doug Garrett Ann Nabholz Kells Waggoner 8d 17:\ =,·n tec an ~ycleel "-· ';!!£1 . . ., •· • 0 -• 0 :• • PROCLAMATION WHEREAS, Norma Wier has been named as the Lady Citizen of the year 1997 by the Englewood Elles Lodge No. 2122; and WHEREAS, Norma Wier is a Colorado native she was born and raised in Englewood, Colorado and she and her husband Ira also raised their four children in Englewood; and WHEREAS, Norma Wier has given generously of her time and talents to Englewood by being an active community volunteer all of her life; and WHEREAS, Norma Wier did volunteer work in the Englewood School system for 19 years; and WHEREAS, Norma Wier has raised money and equipment for needy mothers, assisted seniors with special needs including taking them to the doctor, store and church; and WHEREAS, she has also opened her home to those needing a place to stay; and WHEREAS, she also is a volunteer for the Englewood Safety Service Victims Assistance Program, as well as a block coordinator for the Englewood Neighborhood Watch Program; and WHEREAS, she is also a volunteer for "Kops N Kids" Program as well as many other community projects; NOW THEREFORE, I, Thomas J. Bums, Mayor of the City of Englewood, Colorado and Members of Englewood City Council, hereby wish to congratulate and further express our grateful appreciation to Norma Wier for her dedicated service and many contributions to the Englewood community and to recognize her for her selection as: ENGLEWOOD ELKS LODGE NO. 2122 LADY CITIZEN OF lllE YEAR 1997 GIVEN under my hand and seal this 6th day of April, 1998 . Thomas J. Bums, Mayor Beverly Bradshaw Alexandra Habenicht, Mayor Pro Tern Lauri Clapp Doug Garrett Ann Nabholz Kells Waggoner ,-~ • . Be ... • • 0 • ,. -• 0 I • • PROCLAMATION WHEREAS, William Naylor was named the Gentleman Citizen of the year 1997 by the Englewood Ell<s Lodge No. 2122; and WHEREAS, Mr. Naylor is a Colorado native he was born in Ft . Collins, Colorado; and WHEREAS, Mr. Naylor and his wife Guyneth moved to the City of Englewood, Colorado 48 years ago, they have three children; and WHEREAS, Mr. Naylor has given generously of his time and talents to Englewood by being an active community volunteer all of his life; and WHEREAS, Mr. Naylor currently is a block coordinator for the Englewood Neighborhood Watch Program; and WHEREAS, Mr. Naylor also serves as a volunteer with Englewood Safety Service where a few of his activities are taking vehicles in for emission stickers and to the car wash; and WHEREAS, Mr. Naylor is an avid volunteer at his church and assists seniors with special needs including trips to the doctor, store and church; and WHEREAS, Mr. Naylor also organized a massive cleanup project for a seriously ill neighbor; NOW THEREFORE, I, Thomas J. Bums, Mayor of the City of Englewood, Colorado and Members of Englewood City Council, hereby wish to congratulate and further express our grateful appreciation to William Naylor for his dedicated service and many contributions to the Englewood community and to recognize him for his selection as: ENGLEWOOD ELKS LODGE NO. 2122 GENTLEMAN Cl11ZEN OFlHE YEAR 1997 GIVEN under my hand and seal this 6th day of April. 1998 . Thomas J. Burns, Mayor Beverly Bradshaw Alexandra Habenicht, Mayor Pro Tem Lauri Clapp Doug Garrett Ann Nabholz Kells Waggoner ...... Bf I .. • • 0 ' - • • 0 - PROCLAMATION WHEREAS , in 1872 J . Sterling Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees; and WHEREAS, Arbor Day is now observed throughout the United States and the world; and WHEREAS, trees can reduce the erosion of our precious topsoil by wind and water, cut heating and cooling costs , moderate the temperature , clean the air, produce oxygen and provide habitat for wildlife ; and WHEREAS , trees are a renewable resource giving us paper, wood for our homes , fuel for our tires and countless other wood products: and WHEREAS. trees in the City of Englewood increase property values , enhance the economic vitality of business areas , and beautify our community; and WHEREAS , trees are a source of joy and spiritual renewal; and WHEREAS. the City of Englewood. Colorado has been recognized as a Tree City USA by The National Arbor Day Foundation and desires to continue its tree-planting ways; and WHEREAS, the State of Colorado celebrates Arbor Day on the third Friday in April ; NOW THEREFORE, l , Thomas Bums, Mayor of the City of Englewood, Colorado, hereby proclaim April 17, 1998 as: ARBOR DAY in the City of Englewood , Colorado , and l urge all Englewood citizens to support efforts to care for our trees and woodlands and to support our city's community forestry program. Further, l urge all Englewood citizens to plant trees to gladden the hearts and promote the well-being of present and future generations . GIVEN under my hand and seal this 6th day of April , 1998 . Thomas J . Burns, Mayor Bg ?rin 1ea on l"ecyc led Paoer , ~ ' • ,, ._.;-. uni' I 0 0 C ' - • • • 0 • . ~ PROCLAMATION WHEREAS , thousands of dedicated telecommunicators daily serve the citizens of the United States and Canada by answering telephone calls for police , tire and emergency medical services and by dispatching the appropriate assistance as quickly as possible; and WHEREAS, professional telecommunicators work to improve the City of Englewood's emergency response capabilities of these communications systems through their leadership, professionalism and participation in on-going training; and WHEREAS , the City of Englewood is engaged in the operation of emergency response communications systems and has set aside the second week in April to recognize telecommunicators and their crucial role in the protection of life and property; NOW THEREFORE, I, Thomas J. Bums, Mayor of the City of Englewood, Colorado, hereby proclaim the week of April 12, 1998 -April 18, 1998 as: ENGLEWOOD TELECOMMUNICATORS WEEK in the City of Englewood, Colorado in honor and recognition of our municipality's telecommunicators and the vital contributions they make to the safety and well-being of our citizens. GIVEN under my hand and seal this 6th day of April , 1998 , Thomas J . Bums, Mayor ,. - 8h "'· 0 ,r.t ea :n Recyc led?-.~ . . I - ~ - I • • C ,. f -• 0 - < PROCLAMATION WHEREAS , industry, business , government and the public benefit from the resources of our nation's libraries ; and WHEREAS , the Englewood Public Library serves citizens of all ages in Englewood and surrounding communities ; and WHEREAS, the Englewood Public Library plays an integral role in meeting the formal and informal educational needs of children and adults ; and WHEREAS, the Englewood Public Library actively works with the public schools to encourage and reinforce the importance of reading; NOW THEREFORE, I , Thomas J . Burns , Mayor of the City of Englewood, Colorado, hereby proclaim the week of April 19 through April 25, 1998 as: NATIONAL LIBRARY WEEK in the City of Englewood , Colorado and urge all citizens to utilize the many programs and activities of the Englewood Public Library during this week and throughout the entire year. GIVEN under my hand and seal this 6th day of April, 1998. Thomas J . Burns, Mayor ,, - Si I · • C ' - - • • • ' C '· " COUNCIL COMMUNICATION Date Agenda Item Subject Approval of Intergovernmental Agreement with Colorado Water April 6, 1998 10 a i Conservation Board Initiated By Staff Sources Parks and Recreation Department Jerrell Black, Director of Parks and Recreation Dave Lee, Manager of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1995, the City of Englewood Parks Department won a grant from Great Outdoors Colorado to construct a trail connection that joins the Arapahoe Greenway trail with the Centennial Park Loop Trail. In July of 1995, Council approved the grant contract with The Great Outdoors Colorado Trust Fund enabling the trail connection to be built. (Series 1995, Ordinance No. 34, Approval of the "1995 Great Outdoors Colorado Grant Agreemenr). RECOMMENDED ACTION Staff recommends approval of a bill for an ordinance authorizing an intergovernmental agreement between the Colorado Water Conservation Board (CWCB) and the City of Englewood for an easement for the construction of a bicycle/pedestrian path connecting the Arapahoe Greenway Trail and the Centennial Park Trail. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood Parks Department has been awarded a grant from Great Outdoors Colorado to connect the Arapahoe Greenway to the Centennial Park Loop Trail. To accomplish this, an agreement had to be reached between the City of Englewood and the Colorado Water Conservation Board to cross the CWCB's Maintenance easement with the construction of the trail connection. The CWCB maintains a maintenance easement along the South Platte River in which the Arapahoe Greenway was built. The Colorado Water Conservation Board has agreed to this easement. FINANCIAL IMPACT Normally the CWCB charges $1 .00 per square foot to cross this easement. This would equate to $1492 .00. Through negotiation, the price has been reduced to $725.00, which the Parks Department will fund from the 1998 Parks budget. LIST OF ATTACHMENTS Proposed Bill for an Ordinance Easement agreement '' •· • -• 0 • . ~ , ~- ORDINANCE NO . SERIES OF 1998 BY AUTHORITY A BILL FOR OOUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER.~~~~~~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE COLORADO WATER CONSERVATION BOARD OF THE STATE OF COLORADO AND THE CITY OF ENGLEWOOD, COLORADO AUTHORIZING AN EASEMENT FOR THE CONSTRUCTION OF A CONCRETE BICYCLE/ PEDESTRIAN PATH ALONG THE SOUTH PLATTE RIVER CHANNELIZATION PROJECT. WHEREAS, the United States Anny Corps of Engineers has constructed improvements in the channel of the South Platte River in Arapahoe County, such improvements are known as the South Platte River Channelization Project; and WHEREAS, the primary purpose of the Channelization Project is to provide drainage, flood control and to maintain water flow ; and WHEREAS, the U.S . Anny Corps and the City of Englewood entered into two agreements which give the Colorado Water Conservation Board the responsibility of acquiring land, easements and rights-of-way for the Channelization Project and the duty of maintaining and operating the Channelization Project; and WHEREAS, the Colorado Water Conservation Board has acquired certain fee title interests, rights-of-way, and easements within the Channelization Project right-of- way for the purposes of constructing and maintaining the Channelization Project; and WHEREAS, the City wishes to acquire and the Colorado Water Conservation Board is willing to grant an easement for the conatruction, operation and maintenance of a concrete path on the Colorado Water Conservation Board's property within the Channelization Project as part of the City's Centennial Park/Arapahoe Greenway Trails Connection Project; and WHEREAS, the City of Englewood 's cost for the easement shall be $725 .00; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The Intergovernmental Agreement for an Easement between the City of Englewood and the Colorado Water Conservation Board of the State of Colorado is hereby approved . A copy of said Agreement is attached hereto as "Exhibit l " and incorporated herein by reference . ..... " - I· • 0 , -• ,. • • .. ' ' Sec;tion 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood, Colorado. Introduced, read in full, and passed on first reading on the 6th day of April , 1998 . Published as a Bill for an Ordinance on the 10th day of April, 1998 . Thomas J. Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 6th day of April, 1998. Loucriahia A. Ellia -2- 'I .. • • 0 r ~" J I • • • 0 , . • .• ~ TIIIS EASEMENT AGREEMENT is made aad cmrai imD, ~ ID Section 2'4-&2-201 SI(._ C.R.S. (1997), on this _day of 199&, byaad betMen tbe STATE OF COLORADO fir the use and bemfit of the COLORADO WATER CONSERVATION BOARD ("Gramm") and the City of Englewood. a polmcal subdivision of the Stale of Colorado, ("Gnmle"), whose addrms is 3400 S. EJaa Str=, Eaglewood, Colondo 80110. WHEREAS, the Granter is an agency of the Sim af Colorado e1:8led and controlled by 1ide 37, Anicle 60, C.R.S .• which functions for the welfare and benefit of die Stile of Colorado and its inhabitants; and WHEREAS, the United Stares Anny Corps of Engineers ("Corps") has co!IStrUl2d improvements to the flow of Waler in the channel of the SoUID Ptaae River ("River") in Arapahoe County, Sime of Colorado, with said improvements known as the South Plane River Cbaumelizllion Project ("Channelization Project"); and WHEREAS, the primary purpose of the Chllmelizmon Project is to provide drainage. flood conuol and WIier' flow regulation; and WHEREAS, the Corps and the Gr.mtor ~ into two agr=ments which give the Granter the responsibility of acquiring land. e:i.sements. and ri~f-way for the Channelization Project and the dUty of maintaining ill!d operating the Channelization Project: md WHEREAS. the Granter has ' acquired cenain fee title interests. rights-of-way, and easemems within the Channelization Project right-of-way for the purposes of COIISll'Ueting and maintaining the Channelization Project; 111d WHEREAS. the Grantee wishes to acquire aad die Granter is willing to grant an easement for the coasuuaion. operation and maintenance of a concrete padl on the Grantor's property within the Channelization Project as part of the Grantee's Centennial ~Ar.q,aboe Greenway Tnails Connection Project. WTTNESSETii: That for ill!d in consider.Irion of the gener:u public inmn:st and benefit which will accnic from the Gramee's development of the easement granted herein. the payment of the sum of Seven Hundred T~-Five Dollars (S725 .00) paid to the Gramer by the Gramee. and tbe mping 111d performance of die cove&IID1S md qreemem:s bcreinafter expressed. the Granter gr.um. conveys. nmfm and delivers ID the Gtalllm, subject ID the coadi1:iom set fonb below, a nonexclusive Easement for the sole pmpase of usin1 the land covaed by said Eaemem for COIISll'Ucting. operating and maintaining a concme pci. wbicb shall be used by ~lillS and padmaims wim use by m0tcrized vehicles prohibited by the Gramme, be.eioAs referred ID as me Project. upon. over, across, betow and through that portion of land owned by the Gnmtor IS pat of the Soudi Pt.. C'baaoefizarion Project (hereioafter "Channelization Project"), situated in the City ofEnpwood County of Anplhoe. Sime ofColcndo, which is more fully described and shown in the map atllCbed be.a;, IS Exhibit A and ~alllCi ha= (bmeioaftll "Propeny"). TO HA VE AND TO HOLD . subject to any exisl:iog or recorded easmnems and rip-of-way, for the purpose of utilizing such Easement for tbe sole pUl1ID9 af COIIIIIUCbOll. oparaion and mai1 •• :e of die Project for the primary term of twenty-five (:S) yars. COIDH'N'D!'ml oa the __ day of 199&, md mdiDI on the _ day of 2023. At the oplioll of the Gnmee. 111d if ~ by the OnalDr, this Easement may be miewed for successive terms pro¥idld dm: (I) G.-Im complied with ail die 111nm and . - i-.1 o(S • ...... E X H I B I T 1 ., •· , •. • C • "' - 0 I• • . ~ conditions set forth herein. (2) Grantee delivers wrilll:n notice to Granter of Grantee's intention ID exercise such opciml at least 180 calendar days prior to the last day of each of said terms. and (3) payment in fWI of the coasider.mon .for the whole next ensuing term accompanies the said written notice to renew. The Gramor's approvaJ of said renewals of this Easement shall not be unreasonably withheld. Grantee's considermion for each rmcwa1 of this Easement shall be the sum set forth above as consideration for this Easement. adjusted for inflation. The parties agree that this Easement is subject to the following conditions: l. The Granter grants this Easement upon the expas condition that the e:sraa herein gnmted saall endure only so long as the Grantee utilizes the Easement for the sole purpose of COl1SlrUCtioa. operarion and m•iiil15WK¥ :e of the Project in accordlnce with the plms and speeific::mons submiaed by the Granme to and approved by the Gnmtcr, which have been signed by a professional engineer licensed in the Slalie of Colorado and are incorpormed ham by this reference. Said pllm and specifications sblJl include a recllllmioa pllD to ensure dw Gnuuor's property shall be resmred as closely as possible ID ics originli condition atbl=r the Gnmtee"s consvuction of the Project. 1n die event tblt the Gnadle uses this Easement for any purpose Olber than the specific uses identified herein. then all of the Grantee's right, title and interest in and ID the above descnbed Easement shall become null and void. and the Property slllll absolurety revert to and revest in the Gnmror as fully .ind completely as if this inmument hid not been executed.. without the necessity for suit or re-entry; and no ac: or omission on the put of my beneficiary of this clause shall be a waiver of the operation or enforcement of such clause. 2. This Easement shall include the right of the Gr:un= to enter onto the Grantor's property for the sole purpose of constructing and/or maintaining the Project. Provided however. that upon the non-renewal. abandonment or termination of any of the Grantee's rights or privileges under this Easement. the Gnimee's rights ID that extent shall terminate. However, the Grantee's obligations to indemnify and hold humless the Grantor. as more fully set forth below. shall not be terminated. 3. The Grantor and the Grantee expressly covenant and agree that the terms and conditions of the Easement granted herein shall be in compliance with and subordinme ID the terms of the September 7. 1977 and Janwuy 29 , 1980 Agreements (" AgreementS") between the United Stares Anny Corps of Engineers ("Corps"), incorpor.ued herein by this reference. This covenant and agreement include but are not limi1ed to the maintenance and oper.itio1111 requirementS on the GnmlDr and ics designees UDder those Apeemems 111d the necessity for the Gr:mtor and itS designees to have unlimited access to the lands covered by this Eacmem ID perform all necessary activities. The Grantee slllll coopena: with the Gnmtor and ics dlsigmes in the performance of itS mainten111ce .ind operaiiOIIII requirements. Violllion of this provision may be grounds for the Granter ID immedialely terminate this Easement. 4. Owing the term of this Easement. the Gnuuor sball have the right to dispose of the subject land or to use the same for other purposes subject to the rights and privileges herein granted to the Grmme. This Ea.Dem slllll be none:<clusive and subject to any prior easements gr'lllted by the Gnmor to dtird parries. 111d to Ill prior easements of record whether gr.anted by GnmDr or a previous owner. The Grantae eiqna!y .-S to subordinate this E3sement to all prior e:mmems within the Project pnmd by the GnDUX'. The GnD1Dr reserves the right to grant 3dditio1111 easements to lbird parties. provided dial said I MD'S do not maaially interfere with the Easement granted herein. The Grantee IF'eeS to shlr9 this E.amnent, provided dw the additional easementS do not nwerially i11111mre with the purposes for which the imam pat is l1llde. 5. The Gr:mtee expressly covenants and ap-ees Iba. in the event of termimaon of this Easmlent. in the event that the Gr:mtee electS not to renew this Easement or no longer needs or desires this Easement. die Grmu,r, u ics Pqe 1 ofS ...... . , ·= nrr, I· • 0 ' • ,,, - 0 • . ~ sole discretion. may require the removal. at the Grantee's sole apcnsc. of all appurtenances from the property subject to this E:lscmcm, md may require the Gramc to l'CSIDle die property subject to this Easement. as marly as possible, to the condition of the property existing as of die ct. of die cxeculion of this aan=emem. all to the Gramcr's sole saasfaction. The Grmter shall dererminc in i1S soJc discretion whcmer the proposed 1estucalioa c:cmplics with this paragraph. 6. The Grantee agrees that all excavations or other temporary removai of soil as required for tbe proper construction md/or maintenance of the Project slwl be properly replaced, and tlw the Easement shall be, as nearty as possible, rcst0red and maintained in its original configumion and with similar vegemion. The Grantee shall also insure that the Property is left in a configunrion SIEisfactcry to and in compliance with the Channelization Project design plans and spccific::itions prepared by the Corps. The Grantee shall be responsible at all times for thc immediale repair or reimbursement for any damqe to the Property due to the Gnudlle's use of the E:isemcm. Routes of ingress and egress for consrniczion md/or mainrenance of the Project shall be limited to the minimum ncccssary locttions. and all work areas c:nlllled by the Grantee on the Gnuum's property for construction and/or mainrenancc purposes must be oblilmad, proreaed against erosion. and !armed ID tbc former condition of the Property, as nc:uiy as possible. The G.mmr shall demmme, in i1S sole dilcreaon. whether the Grantee's rcstonltion complies with this paragraph. lo~ event the Gnmree mils to perform the resronmve or n:vcpl:ltive work required by this paragraph to lbc sole Sll:isfaction of the Gnm1Dr, and aftm, dliny (30) days prior written notice specifying with particularity the failure and indic:mng the remedial sieps needed to cure same. the Granter shall be allowed to pcrfonn said work and the Grantee shall pay within thirty (30) days :ill direct and indirect costs incurred by the Granter for rcst0mive or revege?:lrive work including, but not limited to. regrading, filling, revcgewion. erosion control. and replacing of soil. 7. The Gr.intcc undemands and agrees that so long :is the Gr.intor is die owner of the underlying fee interest to the subjcc:: property, the Granter may, in its sole discretion. require the Grantee to rcloc:ite :i portion or portioas of the Project by giving the Grantee at least ninety (90) days prior written notice of such requiremem. All rcloc::lrion com shall be paid by the Grantee. In the event the G.amec fails to rcloc:are within ninety (90) days. the Granter shall be :iilowed to penorm such work 311d the Gnmee slwl pay to the GrmtCr, wi1bin tbiny (30) days of submission of costs by the Granter. all direct 311d indirect cosa for the same. 8. The Gr:mtee undentands :ind agrees that its facilities :ire subject to damage md total loss without liabiliry accruing to lbc Gr:mtor :is .i result of flooding, :is the result of the maintc:iancc and opermon of tbe Channeliz:uion Project. or :is :i result of emergency or repair opcr.mons to .ind in the Channelization Project by the Gr:intor. the Grantor's dcsignecs. or the Corps . 9. The Gr.intec shall be solely responsible for mainlenlilCe of die Project. including, but !IQ( limiled to. sweapiaa and snowplowing of the Project. and shall provide an mnual report of its maime:iance activities pm,aiDms ID the Project to tbe Grmmr by October 1 of every year. 10. To the extent pennitlm by law, the Gramme agrees to indmmify and llold harmless tbe GnnlDr apimt all liability md loss. and .ipinsr .ill claims 311d actions bucd upoa or ansin& out of damap or injury ID pa'ICIIII or property. c3USed by :iny ac:s or omissions of the G1111tec.. ia sua:eaon. .issigns. ipna or comracun. 11 . Throughout the term of this E31cmenL including but noc limitm to any renewal te:m. tbe Gnmae sbail 111U111i.s continual commercial iC'lerai liability insunnc:e covering ia ua oi tbe E=enL Said insunDce mall m111c the Gr:mtor a :in additional insured. A copy of the curmm c:artifigm{s ) of insurance and additioaal inand endorsemen~s ) shall be JmChed to this Eu=mem ;u E:dlibit B ad ~ 11cwin. Nocica of r..-..1 of this insur:mc:e shall be prov ided to the Gnwor on :in annual bais. Said policy sha!l provide ~ ia tbe Pmp j of5 •· • 0 ' - ] • • t• • '· . ~ amoums established by the Colorado Govemmentai Immunity Ad (Anicle 10, Tide 24, 10A C.R.S.}, bodl now and as hereafter amended. 12.. la tbe event that the Gr.amee conm for any worit to be perfonoed on the pn,penies, the Grlllllle sba!l require i1s conncton and suhc:omractors. except the Corps. to indemnify, save and hold harmless tbe Gnmlor, i1s employees and apms. and the Corps from any and aU claims, damqes, and liabilities whalsoever tbr injury or dalb to permas or damage ID property arising from the c::omrac1Dd and/or subcamra:mis' 11:DOaS or inw:tians All c:ontt».fOis and mbc:oilULfDIS shall abide by and follow tbe provisions of this Easement. 13. It sbaU be the sole n,spomibility of the Gnmee ID oblain aU .-y and applicable loc:a!. sam and flderaJ approvals and permils for the purposes -fonh berein. The an.e sblil comply witb aU reaaaable rules, replalions and policies audlorimively promulpled pertaining ID the ua of the EIPIDfflt laads, incbtctinl, but oat limillld to, loc:u. Sllle and federai flood plain regnlltioos Noac:ampiilace by the 0,-witb my such permit, rule, replllioa or polic:y may be p'OUllds for the Graalarto immedilD!ly lllmina dlis e- 14. The Gnmee underSIIDds and qrees that the Gnanor makes no ,epewamions COIIClll'IUIII ownmbip of nor Wm'llltl titte to aay of the property underlying the Easement. To the' eximt that this grant of E=-menr may enc.roach on lands IIOl owned or comrolled by the Grmnor, the Grmae assumes ail responsibility tbr my such eac:roac:hmem. 15. A copy of the oniimnce duly adopied by the City Council of the Granlee, a'ulhorizing the Mayor ID exec.um and ID comply wilh the conditioas of!bi5 Euemem. is amc:hed hereto• Exhibit C and ioco.po.Bllld herein. 16. The Gnmme shall be respons1ble for rec:ordmg this Agreement with the Clerlt and Rec.order's Of6c:c of Anpahoe County, Colondo and shall provide a conformed copy of the recorded agreement ID the Gtmmr. 17. AJI of the provisions of this Easement shall be binding upon all the parties hereto and their suc:c:eaars. lllips, apms and coaaacm. s. 11. The signalDries tD dlil Easement aver that. to their laaowledp. no Sim empioya ha my pmaaal or bww6cilJ ilar'ISt wtimo.wr in the pnJl'lfty described berein. 19 . This Eamear slllil DIX be deemed vaiid unJess 111d umil ~ by die offlciais and officm of lbs S... of Co6ando • reqainld by Scioll 24-12-202.. C.ll.S. (1997) 111d by die Coalrolllr ofibe S... ofCo6cnda. or IIICb ...... dlly may ....... GRANTOR: STATE OF COLORADO Roy Romer. GoYW1lllr By __________ _ For ibe E.UCUIM DinclDr DEPAllTMENT Of NATURAL RESOURCES Colcndo W11erC~ Board ,-. H. Evans. Dinc:IDI' Pap 4 ofS • ... • • 0 - By _________ _ STATE OF COLORADO COUNTY OF DENVEll ) )IL ) . ' <, • "'~ ,. • • ATIEST: The &npias ima--W a:lmowildpd before me Ibis _ day of 1991, by Par H. Evans, • Depary Direc1Dr af die Cokndo w .. eoa. vlllion Bcrmi, on blblif' of Iba S.. of Colcndo. v.-my bad aiof6cilll aL My commission e,q,ires ______ _ STATE OF COLORADO COUNTY OF ) )IS. ) NomyPublic The fanlgoiq msllllllMIIE wa aclmowledpd before me Ibis _ day of -----1991, by Tbomu Bums. as Mayor of die City afEapawood. Vnnm my band and official -. My commission mqrirm ______ __ APPROVED: STATE OF COLORADO By __________________ _ APPROVED: Division of Purcbuin& By _________ _ APPllOVED: o.r--otPw• SW Baiktinp Pqi-. By """E-,-,-.,..-. ..,...,..Dla-,------- APPROVED: Oiviliaa of Acc:aallll ai c.n,1 Cliftbrd Hall. SW c.raa., By. __________ _ .. ,at, • .. • • 0 -- .. ' .. CIIIIIIII, '-..m/4 ICl/4 Dffl4 UIC Nl1/4 --1. SIICIN I . 111, -aN l'JL • ·.1~1 1.9 I onz!?: • &J,,• ;i-A • • 0 -I• . « ei • --· . .... -.=-a-=---=!ti- ., •· • C • • • BY AUTHORITY ORDINANCE NO. _ SERIES OF 1997/1998 COUNCIL BILL NO. 82 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING AN AMENDMENT OF THE PLANNED DEVELOPMENT FOR CORNERSTONE PARK (SOUTH SUBURBAN PARK AND RECREATION DISTRICT) AND INTERGOVERNMENTAL AGREEMENT FOR THE INCLUSION OF 2 IN-LINE HOCKEY RINKS, 1 SKATE PARK, 4 INFORMATION KIOSKS, 4 SHELTERS WITHOUT RESTROOMS AND 107 ADDITIONAL PARKING SPACES. WHEREAS, the Englewood City Council approved the South Suburban Park and Recreation District's Planned Development with the passage of Resolution No. 95, Series of 1993; and WHEREAS , South Suburban Parks and Recreation District filed an application for an amendment to the 1993 Cornerstone Park; and WHEREAS, the proposed amendment would include the inclusion of 2 in-line hockey rinks, 1 skate park, 4 information kiosks, 4 shelters without restrooms and 107 additional parking spaces; and WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on August 5, 1997, reviewed the Amendment of the Planned Development and added the following condition : 1 . The skate park shall be surrounded by a minimum six foot (6') high fence , with locking gates; WHEREAS, the Englewood Planning and Zoning Commission also made the following recommendations to the District: 1. The District should improve and provide additional pedestrian accesa from the Southeast corner of the Park to the internal path system with defined crouwalks and sidewalks; and 2 . The District should mitigate the impact of vehicle headlights on surrounding residential uses by use of grading, berms, or other means to prevent intrusion of the headlights on the residential UBM; and 3 . An in-depth review of lighting specifications for the parking lots and skating areas be undertaken by the District, addreuing iuues 1uch as height of standards, deflection of light rays downward, foot-candle rating of bulbs. A lighting plan encompauing thia information, u a minimum, ,hall be prepared and in-anted to City Council ahowinf a mitigation of the impact of the propoaed lighting for both the venUN and the parkinc Iota on the surrounclin, residential UN8; -I - • . 10b i .. •· • 0 ':,.') I - • • 0 l• •, • . ~ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado finds that the District has addressed the Planning and Zoning Commission recommendations . Section 2 . The Englewood City Council hereby approves the Amendment to the Planned Development for South Suburban Parks and Recreation District's Cornerstone Park, a copy of which is available in the City Clerks Office, with the condition that the skate park shall be surrounded by a minimum six foot (6') high fence, with locking gates. Section 3 . 11le City of Englewood and 11le South Suburban Park and Recreation District agree that the citizens of Englewood shall be granted South Suburban Parks and Recreation District's residential rates for the use of the batting cages and miniature golf facilities in Cornerstone Park. Section 4 . Th.e City of Englewood and 11ie South Suburban Park and Recreation District agree to negotiate a payment in lieu of taxes for Cornerstone Park. Section 5. If, in the opinion of the City Traffic Engineer, additional traffic control improvements are warranted due to traffic conditions in the area associated with the planned park improvements, South Suburban Park and Recreation District shall pay its reasonable pro rata share of such improvements baaed upon traffic actually associated with the use of South Suburban's facilities . In the event of diaagreement as to the appropriate pro rata share applicable to South Suburban, an independent engineering firm shall be selected by the parties to render an opinion on the reasonableness of the improvements proposed and of the pro rata COtlt share applicable to South Suburban. Introduced, read in full , and paaaed on first reading on the 2nd day of September, 1997 . Published as a Bill for an Ordinance on the 4th day of September, 1997 . A Public Hearing was scheduled for October 6 , 1997 and was continued until November 3 , 1997. A Public Hearing was rescheduled for November 3, 1997 and was continued until January 19, 1998 A Public Hearing was rescheduled for January 19, 1998 and was continued until Fe bruary 17 , 1998. A Public Hearing was held on Fe bruary 17 , 1998. -2 - •· • 0 I - - • • t• ·, • Read in full, amended and pasaed u amended on the 2nd day of March, 1998. Published in full as an amended Bill for an Ordinance on the 6th day of March, 1998 . Read in full, amended and pasaed u amended on the 16th day of March, 1998 . Publiahed in full as an amended Bill for an Ordinance on the 20th day of March, 1998. Read by title and passed on final reading on the 6th day of April, 1998. Publiahed by title as Ordinance No . _, Series of 1998, on the 10th day of April, 1998. ATTEST : Thomu J . Burm, Mayor Loucrishia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Enctewood, Colorado, hereby certify that the above and foreping ia a true copy of the Ordinance puaed on final reading and publiahed by title u Ordinance No. _, Series of 1998. Loucriahia A. Ellia .3. •. • ., • • 0 , ''U".h1 I - OltDDfAMCE NO.A2,. ~OF1998 • • • <; BY AUTHORITY COUNCIL BILL NO. 12 INTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE REMOVING THAT PORTION OF UNION AVENUE FROM FEDERAL BOULEVARD TO CLAY STREET FROM THE DESIGNATION OF A TRUCK ROUTE IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council has reviewed the subject of truck traffic on Union Avenue on numerous occasions; and WHEREAS, the Englewood Municipal Code provides for differentiation from the Traffic Engineer's standards if certain conditions are met; and WHEREAS, the City Council muat hold a public hearing regarding truck traffic on Union Avenue u it effects the health, safety and welfare of the citizem of Englewood; and WHEREAS, the Englewood City Council feela that it is in the bNt interest of the health, safety and welfare of the citizem of Englewood to remove that portion of Union Avenue from Federal Boulevard to Clay Street from the designation of a truck route; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sed;ion 1. The City Council of the City of Englewood, Colorado hereby removes a portion of Union Avenue from Federal Boulevard to Clay Street from a designation of a truck route. Introduced, read in full, and puaed OD fint readin, OD the 17th day of February, 1998. Published aa a Bill for an Ordinance OD the 20th day of February, 1998. A Public Hearing waa held March 16, 1998. Read by title and paaaed on final readinc OD the 6th day of April, 1998. -I - 10bii .. • • 0 • • • '· Published by title as Ordinance No . _, Series of 1998, on the 10th day of April, 1998. Thomas J . Burns, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and forecoinc ia a true copy of the Ordinance puaed on final reading and published by title as Ordinance No . _, Series of 1998. Loucriahia A Ellia -2- . , ,. .. • • 0 II • • TR\AC.K ~ESTR\ C:.TlON~ S\ 6-NS L.oc.AT\ON MA~ l-.:___, .:> -0 u <lJ . rn<ii ~ a, 0 Xh-x 34}"R\\ClC 'Ro"'1Tl:. 'ENl>S Kr' CU\"'< ST . . £; Ji. '-b Q> e (24"'L~) ltO TRUCKS ~ g _g t5 "0 Iii(., ,,o) 110 \ll.UCl<S l VIITII Wl!l-.itT Ul'IIT) :C :t ~ .• ('2.q11?.o)T~\ACK ~OUT£ ENt>S F, ,A t2.1i, 13)TR1.tcl< 'RolAT~ . \ 0 • I tN r " 't/•~ I . ' ~ ' • • ... I - .- • • • • • • C MEMO DATE: MARCH 30, 1998 TO: CITY COUNCll. MEMBERS THE PHOTOGRAPH ALBUM BEING PRESENTED TO YOU WILL ROPEFULL Y ENABLE YOU TO STUDY THE PICTURES TBA T PROVIDE A GRAPWC DESCRIPTION OF THE TRAmc PROBLEM ON WEST UNION A VENUE AS IT CONTINUES TO EVOLVE. WASTE MANAGEMENT EXPRESSED THE THOUGHTS THAT T A)(ING MOST OF THEIR TRASH TRUCKS OFF THE STREET WOULD SOL VE THE PROBLEM. IN EXCHANGE THEY WANTED THE STREET WEIGHT SIGNED SO AS TO PROVIDE THEM ACCESS TO THEIR TRANSFER ST A TION. THE PICTURES TAKEN IN MARCH AND FEBRUARY OF 1998 DISPLAY THE NUMBERS OF COMPANIES USING TRUCKS AND TRAll.ERS TO RAUL ALL SORT OF MATERIALS BACK AND FORTH TO THE INDUSTRIAL DISTRICT. THESE TRUCKS RA VE NOTHING TO DO WITH WASTE MANAGEMENT BUT WILL BE AFFECTED BY ACCESS PROVIDm FOR WASTE. ALSO PLEASE NOTE THE TRASHY TRUCKS HAULING TO THE WASTE TRANSFER STATION AND RETURNING. WE RA VE SEEN AN INCREASE IN THESE (MANY TIMES UNTARPED) LOADS SINCE THE WARMER WEATHER. WE ARE CONTIN UOUSLY CLEA.~ING UP FROM THE SPILLED LOADS . NOTE THE VISIBLE EMISSIONS. THE PICTURES ALSO SHOW THE TWO-WAY STREET BECOMING A FOUR-WAY STREET AND HUGH TRUCKS PARTICIPATING IN THE BACK-UP TRAFFIC. • . . . .. • • 0 • • 0 • GROSS WEIGHT ENFORCEMENT INFORMATION FOR COUNCIL REVIEW • THE CITY ADOPTED THE lffl MODEL TRAFFIC CODE FOR COLORADO MUNICIPALITIES EFFECTIVE NOVEMBER I, 1"6. PRIOR TO TRIS DATE THE MODEL TRAFFIC CODE REVISED 1977 WAS IN USL GROSS WEIGHT AND WEIGHT RESTRICTIONS ARE FOUND IN SECTIONS 507 AND !el ON PAGES 48 AND 41. TYPE OF ENFORCEMENT AND PERSON RESPONSIBLE FOR ENFORCING FOUND IN SECTION 509 ON PAGE 42. CAN THE RESWENTS PLACE Tlll:IR CONFIDENCE IN THE CITY'S ABD.ITY TO ENFORCE THE COMPLICATED DESCRIP110N OF GROSS WEIGHT! 5419. Vebicles weiped -acaa reaoved. (/) Any police or peace officer. as defined in section 18-2-901 (3) (I) (IV). C.R.S .. having reason to be/,eve thaJ the we1ghl of a vdlick """/JMll 1S unlawful IS aurhori=ed to require the driver to stop and submit to a weighing of the same by means of either portable or public scales or shall require thal such vehicle be drrven to the nearest public scales in the event such scales are within five miles. (2) (a) Except as provided in paragraph (b) of this subsection (2), whenever an officer upon weighing a veluck tUUl IOIIII as provided in subsection (I) of this sect10n determines that the weighl is unlawful, such officer shall require the dr~r to stop the vehicle in a suitable place and remain standing until such portion of the load is removed as may be necessary to reduce the gross we1ghl of such vehicle to such I imit as permitted under sections 50 I to 5 I 2 and I 40 7. All material so unloaded shall be cared for by the owner or opera1or of such vehicle QI the r ·rk of such owner or operator. (b) Whenever an officer upon weighing a ~ """IOIIII as provided in subsection (I) of this section determine., thal the weighl IS unlawfal and the load consists solely of either uplosives or ha::ardous maleria/s as defined in section 42-1-/02 (32), C.R.S., such officer shall permit the driver of such vel11de to proceed to the driver's destination witholll requiring such person to unload the excess portion of such load (3) Any driver of a vehicle who fails or refuses to stop and submit the tJdlJde """IJMII to a weighing or wha fails or refuses when directed by an officer upon a weighing of the vehicle to stop the vehicle and Olherw,se comply with the provisions of this section commits a traffic offense. 507. Wlaeel and ule loads. (I) The gro.ts we,ghl upon any wheel of a vehicle shall not e:rceed the following : (a) When the wheel ,s equipped with a solid rubber or cushwn tire. e1ghl thousand pounds. (b) When the wheel ,s equipped with a pnewnat"· tire. n,ne thousand pounds. (2) The gross weight upon any single axle or tandem axle of a vehu:le shall not exceed the following : ....... •. •· • 0 . r,, " I ' ]- • • I• • . ' (a) When the wheels attached to said axle are equipped with solid rubber or cush,on tires. s ateen thousand pounds; (b) When the wheels aJtached to a s,ngle axle are equipped with pneumatic tires, twenty thousand pounds. (c) When the wheels attached to a tandem a.rle are equipped with pneumatic ttres. th1rry-s ,x thousand pounds for highways on the inlerstate system and Jorry thousand pounds for highways not on the inlerstate system. (3) Vehicles equipped with a self<ompactor and used solely for the transporting of trash are uempted from the prov,s,ons ofparagraph (b) of subsection (2) afthis section. (4) Far the purposes ofth,s section: (a) A smgle a.rle is defined as all wheels, whose centers may be included wilhin two parallel transverse vertical planes not more titan forty inches apart, utending across the fall width af the vehicle. (b) A tandem axle is defined as two or more consecutive a.rles, the cemers of which may be included between parallel vertical planes spaced more the forty inches and not more than ninety-six inches apart. extending across the fall widlh af the vehicle. (5) The gross weigh/ upon any one wheel af a steel-tired vehicle shall not e.rceed frve hundred pounds per inch of cross-sect,onal wubh of tire. 508, Gross weipt of vehicles alld loadL ( I ) No vehicle or combination of vehicles shall be moved or operaled on any highway ar bridge when the gross weigh/ thereof e.rceeds the limils specified below: (a) (I) The gross weigh/ upon any one axle of a veh,cle shall not uceed the limits prescribed in section 507. (II) Sub1ect to the limitarions prescribed in section 507, the gross weigh/ of a vehicle having two a.rles shall not e.rceed thirty-six thoraand pounds. (11/)Subject to the limilations prescribed in section 5507. tlw maxilfnaft gross weigh/ af any vehicle or combination of vehicles shall not uceed do determined by the formllla Wequals 1,000 (Lplus 4o). W -the gross wigl,t illpo,,nds, l-1/w length in feet between tlw centers of tlw f1rs1 and last 111lles of such lldticle or combination of velucles. but in co,rrpullltion of this fr,nmlJa 110 gross velticle wight shall uceed e1gl,ly-ftve tltmaand po'llltds. For tlw p,rpma of this section. wlwn a combination of veh,cles is used."° vehicle shall carry a gross wig/ti ofb titan ten perce,u of the overall gross weigh/ af the co,nbinot,on of vducles; ucept tllal these ltmuations shall not apply to spec,ali:ed traders of frud pw,l1c 111i/u,a whose axles may carry less than ten percenl of the we,ghl of tlw cornbinat,on. 1J1r u.-twtm l'0'ffk4 ,,. "'4-,,,, *" k "'*"' a • -4 fll4 gff'5# • . .. •· • 0 , - • • • • 0 t• - THE UNIFORM TRAFFIC CONTROL DEVICES HANDBOOK TRUCK ROUTE -GROSS WEIGHT -EMPTY WEIGHT WE6T UIIIOII A VENUE FIIOfll CLAY TO FEIIEIIAL 16 A IIE$/OEIITIAL 6TREET WHICH AL60 ADJOIINI CEIIT&l#IAL ll*AIIIC. J'HAT l'OIITIOII OF THE 6~1 !IBIVIIIO THE 1/*AIIK 16 A 6IOIIED l'LAY 61REEI. WUTE' IIIA#AGBIIIEIIT HAIi IIEQUE6TED THAT THE sntEE1' aE WEIGHT 6IGIIED TO ALLOW THEIR 6Ul't'ORT COllll'A#IU AND CU6TOIIEll6 COIITIIIUl!O ACt26!I TO THE WA61'E TIIAll6RII FACIUTY MOM THE nlJEIIAL IIIT&llll!!CTIOI TH/6 IIIIAKS THE TIIIJCIC6 ROUTE GOING TIIIIOUOH THE llE$IOllllTIAL Ol6TIIICT ANO ll*AIIK A11EA. WHICH 16 0, GIIEAT COIICEIIII TO THE a!IIOE#TS ,oR IIAIIY WSO#& 60lll6 o, WHICH Alli!: • IF ACC ESS JS PR OVIDED FOR WAS TE .f.vfANAGE.fvfE NT THE STREET WI LL BE OPE N TO All TR UCKS FROM THE METR O AREA . SHERIDAN AND ENGL EWO OD INDUS TRI AL DIS TRI CTS. TR L'C KS CONSISTI NG OF VARIO US VEHI CLE COMBI NA TI ONS AND HAULING ANY TYPE OF CARGO WO ULD US E THI S ACC ESS TO AND FR OM THE INDUS TRIAL AREA . • IF A GROSS WEI GHT RES TRI C TI ON IS SI GNED . HO W WO ULD IT BE ENFOR CED ? WO ULD A SUSPE CT VEHICLE'S WEIGHT BE A VA/UBL£ FROM WASTE MANAGEME NT'S SCALES? COULD A RESIDENT OBTAI N THIS SCALE WEI GHT OR WO UL D IT REQ UI RE A POLI CE OFFICER 'S AC TIO N? • THE HEALTH, SAFETY AND WELFARE OF THE RESIDENTS DEPEND ON THE COUNCIL DECISIO N TO PROVIDE TH E PROTEC TIO N THAT IS NEEDED BY APPROPRIA TEL Y SIGNING THE S.IfilL THE Ullll'0/111 TIIAl'l'IC COIITIIOI. IIEVICE6 IUIIWOIC NIii ., ... n AIIO HIOHWA Y6 16 lllfWIIIBI TO AUOIIIBIT TH6 MAIIUAL OIi Ullll'OIIIII TIIAJIIIIC CO#TIIOI. -,,,ca (WTCOJ WHICH ,a Rt« Off7A44, ITAMM"° RIii UR 0# ALL 11HMll NIP HIGHWAYS OfWI lR "4LJC DMdl-ALTHOUOH TH6 MJTt:1116 IIOT A 6TA""2. IT~-.,,,. l'Of/lMII o, A ffAfflff Ill IIB'IIIIIIG IIAffCMfAL 6TAIIIMIIO&. EOUNAI.BIT ffAl'W ANO LOCAL IIIIIUIUAl.6 WHICH ,art' OIi arm ,.,,. IIIIUTCr9 • .,.,,. IIMIUIR8181n Al.Ml CA/IIIY TH6 ,,,,,,_. OF A ff Ann& l1t« HAflllPIIOGK l1MMPllG MA f!AIIT o, Rt« Aff MllfT BM A UlftBlfl# •ruar or T'MD7C aauyTIONa NIP COIITIIOI, IN COC.OMPO, • ... I · • () f -• . , . •, • . ' Aa alal, nllll 111#1/AL ...aK FR .,,,. e.. 0, ..,, ffAMIMW AUACWIP oo,;&am'7WMIIII • • DEFINITIONS OF A 'RUglQUTE' -A MARKER IS TO BE USED TO DESIGNATE AN ALTERNATE ROU1'E THAT BRANCHES FROM A REGULAR NUMBERED ROUfE, BYPASSES AN AREA WHICH IS CONGESTED OR WHERE HEIGHT OR WEIGHT UM/TATIONS HAVE BEEN ESTABLJSHED AND RF.JOINS THE REGULARLY NUMBERED ROUfE BEYOND THAT AREA AND AS SUCH REQUIRES A TRUCK MARKER (A IT ACHED A) • WEIGHT RESTRJCTION SIGN INTENDED TO RESTRICT TRUCKS OF CERTAIN STZES IN RESIDENTIAL DISTRICTS (AITACHED B) • WEIGHT RESTRICTION SIGN INTENDED FOR TOTAL VEHICLE AND LOAD WEIGHT ON HIGHWAYS (Ali ACHED B) • NO TRUCKS RESTRICTION SIGN (Ali ACHED C) 2 . ' .. • • 0 . . st " • • I .f I ·< * ALL TRUCKS COMMERCIAL VEHICLES NEXT RIGHI IIJ-1 7]" V 4I 28-43 l rurk Roule, Hu1rdous Cargo, and N1tlon1I Nc1worll Slam 28-43• Truck Roulr Sign (R 14-1) The TRUCK ROUTE sign (Rl4-I) should be used 10 mark an unnumbered truck route which has been designated by proper authority where either a weight limit restriction or a truck exclusion has been imposed on alternate routes . On a numbered highway, the auxiliary TRUCK marker (sec . 2D -20) will be applicable . 2D-4Jb H1urdous C1r10 Sl1ns (Rl'-2, Rl4-J) The Hazardous Cargo Route Sign (R 14-2) may be used 10 mark routes which have been designated by proper authority for vehicles transporting a hazardous cargo and where an exclusion for such vehicles has been imposed on alternate routes . On routes where, by proper authority, transporting or hazardous cargos is prohibited, 1hc Hazardous Cargo Prohibition Sign (R 14 -3) may be used . The sign should be installed on a street or roadway at a point where vehicles transponing hazardous cargos have the opportunity 10 take an allcrnate route. 28-4Jc Na1ion1I Net,.·ork Signs (Rl4-4, Rl4-5) I The signing or Na1ional Neiwork Routes is optional. When designated routes are signed, The National Network sign (R 14-4) shall be used 10 mark the rou1cs, portions of routes, or ramps on which I 1111, trucks arc pcrmi11ed and 10 direct 1ruch 10 services, terminals, etc. The National Nct,.·ork Prohibited sign (Rl4-5) may be used 10 mark routes, portions or routes. and ramps where trucks arc prohibited . The Rl4-5 sign may also be used 10 mark the ends or designated routes . 21 -36 • 0 . ' • • TRUCK ROUTE ~~ IIU•I 1•· • ,,. ..... 7 1•· • 1•· ...... .. ... 5 ,.. • u· i•· • i•· 11-44 Otller Rttal11ory S1111 ..... J ,. .. , .. tr ,.,._, ,s · • 20 · Reaula1ory si1n1 olher lhan those classified and specified in this Manual may be required 10 aid 1he enforcement of olhcr laws or rcaula1ions . EJLccpl for symbols on re1ula1ory signs, minor modifications in lhe desian of a device may be permilled provided that the csscn1ial appearance characteristics arc met . Typical miscellaneous regul11or)· signs arc KEEP OFF WET PAINT , NO DUMPING ALLOWED, DO NOT THROW LITfER . NO FISHING FROM BRIDGE, and EMERGENC Y AND AUTHORIZED VEHICLES ONLY, the uses of which arc s ufficiently obvious 10 rcquuc no detailed specifications . Care should be 1aken 10 avo id the use ol sptt1al sians whenever a standard sign will serve the purpose . •-up ••• .... 1 .. , •• , -· When I jurisdiction elects 10 use a seal heh svmbol, 1hc R 16-1 sy mbol I shall bf used . This sea1 bell sysmbol is not intended 10 be used alone bul m ~': l<I conn~ciion wi1h manda1or)' seat bell rcr11la1 o r y m~«a,es . 28-37 A•• llH -X C\i C") '-. I • • ' . .~ • < .. I .., ·' ' lD-14 Combinallon Junction Si1n (M2-2l As an alternative to the standard Junction assembly where more th11 one route is to be intersected or joined, a rectangular sian may be Used carrying the word JUNCTION above the route numbers . The sign will normally have a green background with renectorized white border and letterina for the word JUNCTION, reOectorizcd white route marker shields, and hlack for the route designations . Other ,lesigns may be used to accommodate State and C ounty Route Markers . The size ol the sian wll depend on the number ol routes involved, and the numerals should be large enough for clear legibility, comparable with those in the individual route markers . .,_, v .......... 211 -15 Cardinal Direction Marker (Ml-I to MJ -41 The C a, dinal Direction marker carryina the legend NO RTH and SOUTH is in1tnded 10 be mounted directly above a roult' marker 10 incli catt the general direction ol the entire ro1,1 te . To improve tllt readabilit y, the fost letter ol the cardinal direction words should be percent larger . rounded up 10 the nearest whole number size . NORTH MS-I 24" • ,, .. f souTH ] MS-J J4" I 11H 20-1 [EAST] MS-1 , .... 11" WEST ·-14" a 11" • 0 ') • ten indicatin1 an alternative rou1in1 for a ,pccial purpose, canyin1 lllad ALTERNATE, BYPASS, BUSINESS or TRUCK are 10 be ·· ed directly above a route marker for use on a route desi1nated as an i1e 10 a route or the same number between two points on that route. 17 AlterHle Marker (M4--I , M4--la) ALTERNATE (or All) marker is ru be used 10 indicate an "I desi1na1ed alternaie routina ol a numbertd route betwffll two on that route. The shorter or better constructtd route should be the reaular number. jALTERNA~ ,I ALT I -· 14• I It• ~Y•PASs I . ... , -~-- : BUSINESS .... ] 1t"' • I, .. 20 -9 •'-•• 1•·· n• -,(" ( ' • ' . I .t • '( " I ..r ' dircc·I. !hr rnnrrmed tr:dlic inlo the \\'righ ~!ntion . \\'he n so r e · quired, the messn1,-e AU, TRU C KS /COJIIJ\l~~R C IAL VEH1CLE8/ NF.XT RIGHT ( Rl3-1) is recommemled. This sign should be supplemented by R series of guide signs stnndRrdized for lhe iden- tificRtion nml operntion of Weigh Stalions (sec. 20-45). Although !he stnndard re1,'l1lnlory si 6'11 color combination is R blnck legend on R ,.-hite bnckgro1111d, the re1 ·er.;e color combinnlion, white legend on blnck bnckground, is preferred for this sign. 28-41 Truck Route Sign (Rl4-l) The TRUCK ROUTE sign (Rl4-I) should bo used lo mark an unnumbered I.ruck route which hns been desi1,'llnted by proper authority where either a ,.-eight limit restriction or" truck e:1clusion hns been imix-J on 1llem1te routes. On a numbered highway, the nuxili11ry TRUCK marker (aec . 20-20) will be applicable. fl TRUCK ROUTE ...... 14u • II" 28-42 Railroad Crossbuck Sign (Rl5-1, 2) The crossbuck shall be white with the words RAILROAD C ROSSING in blnck lettering. If there nre two o r more tracks, including sidings, the number of I rncks shnll be indicnted on an RuxiliRry si1,'ll of in,·erted T shape mounted below the c rossbuck . The c rossbuck shnll be used nt ever~· rnilrond c rossing, nlone or in combinRti o 11 with other prolecti1·e de,·ices. The des i1,'1l o f the commonly used Rnilro,111 C rossbuck (Ria-I) wit.h 011;,,:ilinr)· si 1,'l1 showing the 11111111Jer of trac ks (Ri a-:!), hns been s t.nndnrdized by the Associntion of Ameri cnn Hnilronds. The c rossbuc k sign is 11s11nlly furnished nnd instnlled hy the rail · ro Rd rompany nnd is usunlly loc Rled on the rnilroRd righl-of-w11y. The di stR111·r 111111 should be nss11111ed lo separate !rnr ks before 1111 ndditionRI nossing sii;:11 is rousidered uecessn r .1 is 100 feet, unless loc.'\I ronditi,m s require nlhnwi sc . Tlw sii;:11 s hnll he e rr<'fetl on the righl -hnnd sicle of the ro:uh\lly 011 ench "l'l'rnad, to the !'l'OSsing. W -40 62 'lit> •• • 0 ) • The l'l':lc!ice, 111 sn111r l,•·:il11, .. ,, n ( 1,b,·111!! 1hr l!n1lro:ul t '10'<Su11ck s ign on R pedestal cw :111 1~111 1111 in tl,r ctnr rr o f n 11 1111d111ded road ,rny is strongl,,· 1li !.1 ppn11 l'tl. .\ nnilroncl .\d1 n u« W arni ng ••«n (sec. 2C-.11) shonhl ~ 11~<1 111 :1d1 All<'f o f th, lln1lrond l'nmbuck . ~~~ /~~ ~ '?'' C:, ', ·,t.~~;1>'?,~ o/ ~ 'v IIS-1 ...... , .. lthllletl ,., to ....... -----··· 28-13 Other Resulatory Si&ns j1 RIA 3clK sl IIS-J , ..... 11". t" Heg,1lntory signs other· than thOY clnss1 fied nnd s pecified in tins Manual moy l>e reqnil'NI lo aid the e nforce ment nf othu J1,..s or regulRtions . Typicnl miacel11nN>11s 11"g11lntory signs nre KE E P OFF \VET PAl~T, NO DUMPI'.'.G :\LLO WED, DO !\OT TIIHOW UT TER . '.'-0 FISIIII\G Fllo.\l 111:ID(iE, nml E)I EHCE'.'.('Y .\~II At;TJ-IORIZED \'EIII C LE$ 0'.'-1.\', the use• o f 11l11d1 nre su f fi cientl,1· ob1·ious to require 110 de1niled s ptt1tirnt1011 • Care should be taken lo a.-oid the use o f SJ'lt'CIR I sig 113 1dtene1er n strndud si,:11 will sene the pur~. C. WARNING SIGNS 2C-l Application of Warning Signs \\·arning signs nre 11 ~ed wht11 1t 1s 1ler11tftl 11ttr<'<!lr., to lfllrn lrnffic of exis tinl,! or l'°"ntin lly hnzanlnu , cn111l111011 s 011 <>r ndjnC'en! t o n highn·ny or street. W nrning sii,:11s rec111irt rn11t1011 <>n the put of the motorist nnd 111n,1 r nll for reduc t io n o f spe~ or n mnneu,·er in lhe intl'rest of his ow 11 s.i fet, nnd lhnl o f olher 111otorists ancl pedeslrinns . A1leq11nt e 11nrni 11l!s· nrr o f ::1ra1 n•sistnnr c to the ,., hicle opemtor n11cl nre 1n l11 nltlr in snfr g-11.11cl 111;.: n ncl t :q~cht111i.: lrnffi c . Tim use nf "ar11 i11 :,: St!!I H ..;h,-.iiltl l1t • krpt 1.-. n rntnin111m h,1\\C\er, hcc nu ~ tlw u1mN"l"CiCin 1·, 11q• n ( thrm to w:uu o r rnntlittn11 ~ \I hicl1 nre 11pp:ll'e11I tr11d s In l,re~cl ,lt si1'•1•·c·t 1111 11 11 sii:n~ 63 :!<'-1 (' ( ' C> 0 • ~- U1 ~ 0 z u, :;, =--= 0 - ., I;.~ 3. ~ -1.; n ~ :::, " ·-.n ::. =;- '!! '.ii -6 ;; ., • • • ,- 0 r, > ,--:,a > ...., :::! r, 0 :z !::c ---f :I: ::::c c:: ---f ::::c > "'Tl "'Tl (""') I' -::::c 0 0 3:: > -C i r-,.., u, ("'") > r- 0 I :I: ,.., c.n I > rl"1 I C C I - ::::c 0 > C ~ ("'") 0 r- C> c.n rl"1 C ,.,, -.J ~ ~ ~o ~z "'CO 0 I -4 0 < -< fT1 ~ ~::,J RO -4 VI V, - -N I o-.~ -.o ..... ,, oz- 0 z V, c;-, °; ~ V, -0 ~ ~ c:-,..., ~ . ::0 ::0 ,- ' o>- V, >< 3: V,::::; ~ ' ~ • . • I £ ... • I .I ' ROAD CLOSED c 10 MILES AHEAD ·al LOCAL ::~~~:C ONLl 28-41 Welaht Limit Sl1ns (Rll -1 to 51 ROAD CLOSED TO THRU TRAFFIC 111-t ,o". JO" Due to seasonal weakening or lhe road surface, obsolescen ce of brid1es or pavemenls, or other impairment or roadways, it is often ne ce ss ary to limil the load permitted on a roadway . The Weigh! Limit sign (Rl2-I) carrying lhe legend WEIGHT LIMIT (IOI TONS, ma y be used to indicale restrictions pertaining to total vehicle weight including load . Where the re striction applies to axle weigh! rather than gr oss lo ad , the legend may be AXLE WEIGHT LIMIT (SI TONS (Rl2 -2). In residential districts, where it is intended to restrict Huck s or certain sizes by reference to empty wei1ht. the le1end may read NO TRUC KS OVER 7000 LBS EMPTY WT (Rl2-3). In areas where muhiple reaulations or 1he 1ype de scribed above are applicable , a sign combinin1 the necessary messaaes on I sinale panel ma)· be used, such as WEIGHT LIMIT (2) TONS PER AXLE (10) TONS GROSS (Rl2-4). Posting or specific load limits may be accomplished by use or the Weigh! Limit symbol sign (Rl2 -S). This si1n contains 1he legend WEIGHT LIMIT on the top two lines and shows three diHerent Huck symbol s with lhe allowable wei1ht limit shown to the ri1ht or each symbol as ( ) T . A bo tt o m line or legend statin1 GROSS WT is permissible if needed for enfor cement purposes. Only the Huck symbol s and their re s pecti ve weight lim its for which restrictions apply need be shown . A Weigh! Limil sign shall be located immediatel y in ad vance or 1he se ction or highway or the structure to which it applies . To reduce cosily delay and bac kHacking, a weight limit si1n (Rl2 -I) with an advisory message may be placed at approach road interstctions or 01her points where 1he arrected vehicle can detour or 1urn around . The standard, and minimum, size shall be 24 x 30 in ches bu1 a laraer size is desirable on major roads and sueets . 21 -34 -.~ .. I'~ 1 WEIGHT LIMIT 10 TO.NS .t NO IIJ-1 14" • JO" • ') • • AXLE WEIGHT LIMIT 5TONS IIJ-J , ....... 0 WEIGHT ·•TRUCKS WEIGHT LIMIT LIMIT ~ OVER .... 8T 7000 LBS 2 TONS PER AXLE ..,_ 12T EMPTY WT 10 TONS GROSS _,...16T ,: IU-J IU~ .. ,_, I 14• I J6• ,,. • 14" ........ 18-41 W1t1h Station Stans (RIJ ~rln) The laws or many Statrs provide for the es1ablishment or Wei1h Sl11ions 11 ports or entry and elsewhere, and require that trucks and other classes or vehicles shall stop at these stations for weighing, inspection , and clarinet. A regulatory sign is usually ne ce ss ary to direct the concerned traffic into the Weigh Station . When so required , the me ssa1e ALL TRUCKS /COMMERCIAL VEHI C LES N E XT RIGHT (Rll-1) is retommended . This sign should be supplemented b y a series or 1uide sign s •andardized for the identificatio n and o peration o f Weigh Statio ns (sec . 2D--4t). Althouah the standard regulator y si gn color comb inati o n is a bla ck leaend on a white background, the reverse color co mbinat io n , wh ite leaend on black background, is preferred for this sian . 21-35 R". :IIM • .... I ~ • . • I ~ • y • ·u ... I ' II 20-21 Srlttllvr Elcluslon Sians The laws of most Stales permit the State or local authority havin1 jurisdiction 10 exclude trucks or other commerical vehicles from any designated highway where signs have been placed 1ivin1 this notice . Sign legends should be developed to meel requiremenu established by s111u1e or ordinance. The No Trucks symbol (RS -2), COMMERICAL VEHICLES EXCLUDED (RS -4), and TRUCKS (VEHICLES) WITH LUGS PROHIBITED (RS -S) are suggested as suitably specific leaends . For I Hazardous Carao Prohibition Sign (R 14-l) see Section 2B -4Jb . ... , , ... , ... COMMERCIAL I VEHICLES VEHICLES i WITH LUGS l EXCLUDED I PROHIBITED IS~ U-1 14u • JO" 14" • JO" The word legend NO TRUCKS on a 24 x 24 inch panel may be used as an allerna1e . Most S1a1es provide 1ha1 the proper authority may exclude pedestrians, bicycles, or other type traffic and shall erttl signs se11in1 forth such res1ric1ions . To be effective such sians must clearly indicate 1he type of traffic 1ha1 is admiued or the type 1h11 is excluded . Typical exclusion messaaes include No Bicycles (RS -6), NONMOTORIZED TRAFFIC PROHIBITED (RS -7), MOTOR-DRIVEN CYCLES PROHIBITED (RS -8) or an appropriate combination or 1roupin1 of these le1ends into a 21-20 • 0 \ • li111le si1n, s uch a, PEDES rRIANS BICYCLES MO roR -DRIVF.N PROHIBITED (RS -IOa) or PEDESTRIANS AND BICYCLES PROHIBITED IOb). NO MOTOR VEHICLES U-1 M"><M' PEDEStRIANS} I PROHlBITED ..... ,. .. ,.., .. PEDESTRIANS BICYCLES MOTOR-DRIYENl1 CYCLES PROHIBITED U-10,, •·•M" ·-14" • 14• ~ "-:la , ...... .. PEDESTRIANS•· AND BICYCLES PROHIBITED u.,. •"WII'' If an uclusion is 10 be 1overned by vehicle wei1h1, a We11h1 L1mi1 sian hec . 28-41) rather than an Exclusion si1n should be used . Because of the variety of possible mess11es for these sians, it is not practicable 10 fill standard sizes for them as a class . In all caws the leuerina should be larac: enouah to 1ive adequ11e lqibili1y . They should be co nspicuously placed 11 all entrances 10 the restricted roadway . The exclusion si1n should be placed on 1he righ1ha11d side of 1he roadway approximately 2S feel from the intersection so as 10 be clearly 21-21 -~ <" "' Date April 6, 1998 Initiated By • 0 I • - COUNCIL COMMUNICATION Agenda Item 10 Ci Staff Source Subject Resolution to Negotiate and Award Contract for 1998 Micro- surfacing Department of Public Works Char1es Ester1y , Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Resolution No. 43 , Series 1997, Resolution No. 44, Series of 1996, Resolution No. 35 , Series of 1995, Resolution No. 40, Series of 1994, Resolution No. 39 , Series of 1993, Resolution No. 52 , Series of 1992, and Resolution No. 38 , Series of 1991, approving negotiating contracts and awarding negotiated contracts for the 1997, 1996, 1995 , 1994, 1993, 1992, and 1991 Micro-surfacing programs respectively . RECOMMENDED ACTION We are seeking Council approval of a Resolution allowing a negotiated contract with Bituminous Asphalt Seal ing Specialists , Inc .. a .k .a ., BASS , Inc .• in an amount not to exceed $350,000 for our 1998 Micro-surfacing Program. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDEN11FIED Micro-surfacing is a cost effective maintenance altemative that provides rut filling , leveling of existing pavements, a surface seal and a new wearing surface. The finished product is jet black, aesthetically pleasing , and exhibits more traction than the original asphaltic concrete (improved safety). Staff introduced "Englewood" micro-surfacing in 1991 . Our objective was to develop a maintenance altemative to address the maintenance needs of roadways subjected to excessive traffic volumes resulting in pavement rutting and lanes requiring leveling treatments along with new wearing courses and surface seals. BASS has satisfactorily participated in a partnership arrangement with the City for the last eleven years to construct our slurry and micro-surfacing programs, having now placed a total of 1,990,000 square yards of our design products (approximately 800 blocks, or 100 miles of roadway). Micro-surfacing requires highly specialized construction equipment. Based on our last seven years of experience , we know that the use of continuous micro-surfacing equipment produces a superior product when compared to that applied with truck-mounted type machines. Continuous equipment provides consistency of application and minimizes seams by reducing equipment stops and starts. Truck-mounted equipment was used in the construction of our ear1ier slurry products. Continuous micro-surfacing equipment can apply standard slurry products while standard slurry machines are not capable of applying m icro-surfacing . The number of continuous micro-surfacing machines continues to grow throughout the country; BASS owns and operates two of these machines. BASS has successfully constructed micro-surfacing on selected arterials , collectors. industrial and local service streets in our 1991 , 1992, 1993, 1994, 1995 , 1996 and 1997 Micro-surfacing Programs . •. .. • • C f • 0 • Staff continues to monitor slurry seal and micro-surfacing activities in the metro area. The workmanship of BASS , Inc ., particularly with micro-surfacing, appears to remain superior. Much inconsistency exists in the mix designs used by others in the metro area , although many jurisdictions are again requiring the gray granite aggregate that we have specified since 1987 . Many other user agencies continue to modify their specifications, suggesting that they are not completely satisfied with earlier products. We have observed areas of localized failure in micro-surfacing products placed by others during 1992 and 1993, indicating only marginally satisfactory results . It appears that many other cities continue to settle for standard slurry products instead of micro- surfacing. This can be partially attributed to local contractors recommending and selecting lower priced , lesser quality components under competitive bid conditions . Also, slurry products tend to be more user-friendly during construction than micro-surfacing . It should be noted that micro-surfacing has construction advantages over slurries in that micro can be used for rut filling and leveling in addition to providing the surface seal and new wearing surface that is obtained with standard slurry applications . Throughout our eleven year experience with "Englewood" slurry, micro-surfacing, and BASS, Inc ., citizen response continues to only question our not including more streets in our micro-surfacing programs. Experience with applying our product is crucial to a successful project. We continue to monitor and evaluate slurry and micro-surfacing contractors in the Denver area, and we may choose to recommend others for future years' work, depending upon their performance on other projects. However, our local choices continue to remain extremely limited. Vance Bros ., Inc . of Kansas , established a Denver office, and in 1993, constructed a Littleton micro- surfacing demonstration project, with marginal results . Vance Bros. had some less than satisfied slurry customers in 1994 , and their key Colorado coordinator left their employ in ear1y 1995. Vance Bros. closed their Denver office in late 1995. lntermountain Resurfacing, Inc . (IMR) remains in the slurry market, and they attempted to enter the micro-surfacing market with a project in Littleton in 1997. Unable to develop a micro-surfacing product for Littleton , standard slurry was utilized with marginal results. Englewood had a contract dispute with this company in 1986-1987. Using older truck-mounted equipment, their micro-surfacing experience with the Colorado Department of Transportation (COOT) on Belleview Avenue was less than satisfactory. In an earlier COOT micro-surfacing project on 1-25 , in Pueblo, IMR sublet product application to another contractor , with very discouraging results . While we will continue to monitor the activities of this company , we are not impressed with their performance to date, and are concerned that they are no longer members of the International Slurry Surfacing Association (ISSA), the organization that has established all current industry standards . Quality Resurfacing Company of Commerce City is the newest slurry contractor in our area. This company was established in 1994, and the principals appear to have many years ' experience in the general paving industry . This company uses late model truck-mounted type equipment and appears to have successfully tackled several standard slurry projects during the 1994, 1995, 1996, and 1997 seasons . They do not have continuous micro-surfacing equipment or experience placing our temperamental Englewood micro-surfacing product. We will also monitor the performance of this company and may , depending on the quality of their wont on other projects, wish to consider them for future work in Eng lewood . -2- •. •· • C , ,, - • • • • 0 I• - ' C We prefer to use the only contractor that has demonstrated successful applications utilizing the products and mix designs that we have developed , and that achieve our desired results. We are satisfied with product performance to date and are particularly pleased with performance on our local service streets. The contractor, BASS , Inc., is available to accomplish our 1998 project in late May or early June this year. Our 1998 Micro-surfacing Program will target local service and collector streets. We continue to specify micro-surfacing over standard slurry because of its flexibility of use. Slurry seal is a single thickness application product. Micro-surfacing has the capability of being applied in whatever thickness necessary to address our maintenance requirements. Micro-surfacing is used for rut filling and leveling as well as for overall roadway sealing. In early years, chemical makeup caused a 17 second break time with our micro-surface specification. Modification in product chemistry in 1993, 1994, 1995, 1996, and 1997 increased break time to about 40 seconds. This greatly improved the workability of the mix while maintaining our ability to open streets to through traffic in 20 to 30 minutes, if required . Our design continues to specify the quality custom crushed , gray granite aggregate supplied by Asphalt Paving Company, Golden , Colorado. We will continue to use the improved EAGON emulsion, as developed for our 1993, 1994, 1995, 1996, and 1997 programs. However, our specified EAGON emulsions are no longer manufactured in the Denver area . In 1998, as in 1995, 1996, and 1997, emulsions must be transported from Waco, Texas . FINANCIAL IMPACT We expect that bids for standard slurry in the metro area. using local contractors and lower quality components than our specifications (approximately 5 hour traffic times), should range from $0.80 to $1.05 per square yard in 1998. Quick set. polymer modified slurries with characteristics similar to our specifications (2 to 3 hour traffic times) will likely bid at $1.30 to $1 .40 per square yard in 1998. The City of Greeley appears to be the only Front Range City specifying products similar to ours . The ir 1997 bid price was $1 .25 per square yard for quick set slurry. Littleton used standard slurry in 1997, not quick set, at a comparable unit price of S1 .02 per square yard. A competitive bid for a micro-surfacing demonstration project in 1993. in the City of Littleton, was in the $1.65 per square yard range . With our specified quality emulsion, aggregate , and application equipment, our comparable coverage cost in 1993, 1994, 1995, 1996, and 1997 averaged $1.26 per square yard. Preliminary conversations with BASS suggest a willingness to return to Englewood in 1998 and construct micro- surfacing at a unit price comparable to last year's contract ($166 .02 per ton)', even though increases in the price of aggregate and emulsion could run 4% to 5% over 1997. The 1991 contract was for $280,000 (approximately 160,000 square yards or 60 blocks -$1.75 per square yard-and included heavy application rate on South Broadway). Funding for 1992 was limited to $260,000 for micro-surfacing (approximately 185,000 square yards or 70 blocks -S1 .41 per square yard). In 1993, we constructed approximately 201 ,000 square yards (76 blocks) at a cost of $305 ,000-$1.52 per square yard . In 1993, rut filling, surface leveling and slightly increased application rates generated a higher per square yard construction cost than our 1992 experience . Our 1994 expenence was again in the $1.50 per square yard range , based upon 207 ,000 square yards of product and a contract price of $315,000. In 1995 anc:11996 . with major increases in costs of materials and an approximately 20% increase in application rates to do heavy rut filling and leveling, we placed 209,000 square yards of micro- surfacing at a total cost of $339 ,000 · S1 .62 per square yard -and 223,000 square yards at a total cost of $358 ,000 -$1 .61 per square yard -respectively. In 1997, we placed 240.000 square yards (97 blocks) of matena l at a total cost of $360,000 -$1.58 per sq1ae yard . Th is cost remains in the magnitude of 40% of the cost of aspha lt1c concrete overlay while still allowing us to correct many of the irregularities within a structurally sou nd roadway surface . Increases incurred in 1998 micro-surfacing construction and material costs would also be reflected in construction costs for asphaltic concrete overlays in 1998 . For the 1998 program , we recommend contracting with BASS, Inc . for approximately 220,000 square yards of micro-surfacing at a unit price comparable to that negotiated in 1997 , resulting in a contract of approximately $350,000. S560,000 ,s available in the Road and Bridge PIF account for 1998. The balance of funding in the -3- • I· • C , 2 I -• • · ... • . ' 1998 Road and Bridge PIF account will be utilized for asphaltic concrete over1ays by Englewood forces, and associated maintenance program administration, testing, program studieS and inspection. Additionally, in 1998, Engineering win continue ongoing discussions wilh BASS, Cobilco, and Koen Materials to 9Y8luate the development of new sluny and micro-surfacing product designs, including utilizing some local asphalt products. This effort is to provide Englewood with quality, cost effective sluny and micro-surfacing products for future years' programs. UST OF ATTACHMENTS Attached is a list of streets proposed for inclusion in our 1998 overlay and micro-surfacing programs. They ant intended to be ntpl989ntative of the propoaed programs and are, of courae, subject to your ntYiew and comment. Since 1987, we have addrl1111d the mainlenance needs of some 100 miles of our approximalllly 120 mile roadway syslem. The 1998 program will add about anolher 10 miles to that total. Consequently, many desefVing mainl8nance candidates exist wtlhin our street syslem. A progntllSive slurry Nallmic:ro-9uftac program would llddnlss aH of the stntets within the syslem CMII' a seven year period, suggesting that the annual budget for this actiYity remains at approximately 60% of ideal funding levels. Our street system remains among the best in the Denver metro anta, a testimonial to Englewood's stntet maintenance strategy. --~---- ,,,_ .. • • 0 I • -• • (, Street Division 1998 MICRO-SURFACING PROGRAM AVENUE/STREET NO. OF BLOCKS FROM Adriatic Pl. 2.00 Vallejo Baker 1.00 Tejon Baltic Pl. 2.00 Zuni College 2.00 Zuni Cornell 4 .00 Downing Cornell 1.00 Shennan Eastman 2.00 Race Floyd I.SO Logan Girud 1.00 Lafayette Girud 2.00 Logan Iliff 2.00 Zuni Layton I.SO Grant Lehigh 1.00 Wmdcnnere Lehigh Pl. 1.00 Wmdcnnere Navajo 4.00 Oxford Quincy 0.50 Navajo Radcliff 0.50 Juon Union 3.00 Federal Vassar 2.00 Zuni Warren 3.00 Zuni Acoma 3.00 Amherst Bannock 1.00 Stanford Bannock 1.00 Union Bannock 3.00 Yale Cherokee 5.00 Kenyon Clarkson 3.00 Girard Corona 1.00 Hampden Delaware 2.00 Bates Downing 1.00 Hampden Fox 1.00 Ithaca Fox 4 .00 Quincy Fox 2.00 Bates Huron 8.00 Quincy Kalamath 1.00 Quincy Lipan 1.00 Quincy Logan 2.00 Girard Ogden 1.00 Floyd Raritan 2.00 Iliff TO Tejon Raritan Tejon Tejon Logan Broadway Floyd Lincoln Downing Broadway Tejon Broadway Kalamath Lehigh Stanford Windennere Princeton Dartmouth Hwy285 Dartmouth Hwy28S Jeffenon Union Dartmouth Bellview Radcliff Radcliff Dartmouth Ginni Harvard ' . .. • • 0 r ,,,,,.. I • ,, -. ' •. . ~ • '· ' C Micro-Surfacing cont'd AVENUE/STREET NO. OF BLOCKS FROM TO Raritan 2.00 Yale Bates Sherman 2.00 Comcll &sarn,m Shoshone 3.00 Yale Cornell Zuni 2.00 Dartmouth Floyd TotalBloc:kl .... .. • • 0 ,_ I • -• ·, • <. , C -' .. Street Division 1998 STREET OVERLAY PROGRAM AVENUE/STREET NO. OF BLOCKS FROM Baker 2 .00 Zuni Baltic Pl. 1.00 Tejon Cherokee 2.00 Dartmouth Hampden 1.00 Lafayette Mansfield 2.00 Logan Oxford Pl. 1.50 Jason Raritan Cir. 1.00 Union 1.50 East end of Lake Clarkson 1.00 Hampden Corona 1.00 Floyd Fox 4.00 Union Galapago 1.00 EuhNn Gaylord 1.25 Ent,nan Gilpin 2.00 Floyd Grant 1.00 Jetrenon Huron 2.00 Mansfield Huron 1.00 llhlca Jason 2.00 Kenyon Lipan 1.00 Layton Pearl 1.00 ~ Raritan 2.00 Evans Raritan 2.00 Harvard Vine 1.25 EuhlWa Vine Ct. 1.00 EahNn York 1.50 Edmm Total Blockl 31.N ,:. TO Tejon Raritan Floyd Hwy285 Broadway Princeton Pl. River Bridge Hwy285 Gimd Bellview Floyd Dartmouth Pl. Dartmouth Kenyon Oxford Hwy285 Mansfield Chenango Hwy285 Iliff Yale Dartmouth Dartmouth Pl. Dartmouth Pl. . ' . ' • . • • 0 - - -- ------- · .. .. • . .. • • C CITY OF ENGLEWOOD 1998 OVERLAY AND MICRO-SURFACING • i I II I I 11I11III11 I ,- ,.......~~,1;;...f-...&f+IH+IM+IM+lil+Miiih-rr~ --..... lliU.LltMIM+"* ......... ~ --~ff'Frirwt.~~~~~~_..i.~-- //Jtt..t441w4+M+MM ..... -4 - ~+l'~~~- ~~1Mt4~~++1 - •&..&. ....... MM~~~ - ........ 6,1.i ..... ~MM,Nl,l,I - ........... NM.....i .... NM~ - q..Ji...,....---,-, MM .... NNoNM~ - t--,a,HMMMNMMMNl,l,I - ; i 111 I ( .. . •. . . . ' . . ' • • 0 • I CITY OF ENGLEWOOD OVERLAY & MICROSURFACING 11 1 t . ..= rr n l . 1 i I 2 -~~'VT E I i ·~----.:-, ... , ... ..,..,.. r 1. ~ • • 0 • . . ' !' " ,. ,· I . . ,.. . 7 I ~ • 'll • ~~ 1 { NO SCAU -a.,,.. ,,,., -O..,,..INa -a.,,..'"" -0..,,..1"6 -OwtfawlNI -a-c.v ,.,,, -OwtfawltN ........ .... m »a enrmnr Ii 'I I ffAJa IJMIBIC flMIDII IMU'IC '"" r•ur aun IIMl'TM/1 FAIIIIA/t OOUIU rAU I i,- CITY OF ENGLEWOOD OVERLAY & MICROSURFACING COMPOSITE • t i .. -·-r----..._... ....... __ _ M --MIISSf' ..... ...-, ,., . JJ ..... ~~,f~l+l+.l+IIMo+~f""illll • ~ --• ..,.. ~ ! t:I OOJUIZU, -·--i .. ...,,.,,.. ~--1-l/~~~ I Pl ,~, . . . I :: ~[Q ..nMII ,,,,,,.. i,.....- .,. lflMt:A I I ' I ti I ••-i ~w..~... i I I ~ . I ·--·-'J.:I ......... ...,.,, . ,,.... -,au _. u,aa WW ,,..., .....r arMINIII ..... -,..,,.. j . ...,, ,.,,., sa_.,,,,... . ...,, ""' • ...,, ,no _ _., --,.., --,.., --,... .IHff8 IIH --,,., --, ... ,,.,,. ,,,,., ,,.,,. , ... 01/aO/N • - RESOLUTION NO . 6\ SERIES OF 1998 • • • A RESOLUTION AWARDING A NEGOTIATED CONTRACT FOR ENGLEWOOD'S 1998 MICROSURFACING PROGRAM INSTEAD OF THE COMPETITIVE BID PROCESS UNDER SECTION 116 (b) OF THE HOME RULE CHARTER AND SECTION 4-1-3 OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS , the City of Englewood is responsible for maintenance of approximately 120 miles of public roadways in the City; and WHEREAS, the Department of Public Works and Engineering and Street Maintenance Divisions have developed a system-wide maintenance program in which they have found Microsurfacing to be a viable and economic preventive maintenance alternative; and WHEREAS, previous construction experience and e:q,anded product knowledge has cauaed the staff of the Department of Public Works to believe that local contractors do not possess the specific product knowledge or construction eiq,ertise or construction equipment to construct Microsurfacing acceptable to City standards; and WHEREAS, the staff of the Public Works Department has evaluated the quality of Microsurfacing utilizing a specific local aggregate and a quick-set ERGON emulsion for the past 11 years; and WHEREAS, Bituminous Asphalt Sealing Specialista, Inc. (BASS) of North Little Rock, Arkansas, has laboratory-tested and field-tested this product, and City staff has evaluated the abilities of this company in placing Microsurfacing, and has di&cuased their work quality and product quality with other governmental agencies which have had years of experience with this company; and WHEREAS , BASS, Inc . has now placed a t.otal of 1,990,000 square yards (approximately 100 miles of roadway) in the City of Englewood over a period of 11 yean; and WHEREAS, Section 116 (b) of the Englewood Home Rule Charter and Section 4-1-3-1, Englewood Municipal Code 1985, allow contracts for public works or improvements to be negotiated, provided that contracts for which no competitive bids have been requested have been approved by resolution which shall declare the reason for exceptioo to the competitive bidding requirement; NOW , THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Se<;t;ipp 1. The Department of Public Works i1 hereby authorized to negotiate a contract for Englewood's 1998 Microsurfacing Program in an amount not to exceed $350,000 in lieu of the competitive bid process as allowed by Sectioo 116 (b) of the Englewood Home Rule Charter and Section 4-1 -3-1, Englewood Municipal Code 1985. •· • • y • ~ • ' Sec;tigp 2. The Department of Public Worb ia hereby autborized t.o ent.er int.o a contnct for the Eorlewood'a 1998 Mic:roeurfacing Procram punuant t.o their inveetiptiona of local aggrepte, quick-set emulsion produced by the ERGON Refinery in Waco, Teua and conatructian of the product on Englewood atreeta by Bituminoua Asphalt Sealing Specialist&, Inc., of North Little Rock, Arkanaaa. ADOPI'ED AND APPROVED thia 6th day of April, 1998. Thomae J. Burm, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I, Loucriabia A. Elli&, City Clerk tor the City of Eqlewood, Colorado, bereby certify the above ia a true copy of Reaolution No._. S... ol 1998. ;- • . • • 0 , __ I -USOLUTION NO . _ SERIES OF 1998 • • • A RESOLUTION APPROPRIATING FUNDS FROM THE 1998 BUDGET FOR THE GOLF COURSE PUMP PROJECT. WHEREAS, the Englewood City Council approved the City of Englewood'• 1998 Budget on Oct.ober 20, 1997; and WHEREAS, the City Council approved the Englewood GolfCoune Expansion Project in 1994; and WHEREAS. the passage of this Resolution will appropriat.e the funds needed for the conatruc:tion contract and relat.ed electrical work needed for the Golf Coune Pump Project; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sertioo 1. The City of Englewood 1998 Budget is hereby amended u followa : Sourc;e of !nude: Retained Earnings '86.000 Um of Fnnd,· Golf Coune Transfer Pump Project *96,000 5ec;tioo 2. The City Manager and the Director of Financial Servicea are hereby authorized to make the abo¥e c:banpa to the 1998 Budpt of the City of Eapewood. ADOPl'ED AND APPROVED tbia 6th of April, 1998. ATTEST : Thomas J . Buma, Mayor Loucriahia A . Ellis, City Clerk I, Louc:riahia A. Ellia, City Clerk for the City of En,Jewood, Colorado, hereby certify the above is a true copy of Reeolution No._, Series of 1998. Louc:riabia A. Ellia . ' • • • 0 - - • • - '· COUNCIL COMMUNICATION Date Agendaltem Subieet Supplemental budget appropriation for the Golf April 6, 1998 10 C ii Course Pump Project Initiated By Financial Services Department I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council approved the 1998 Budget and Appropriation Ordnances on final reading October 20, 1997. City Council approved the Golf Course Expansion Project in 1994. This Project addresses Council's goal to provide a high quality golf experience at affordable prices to Englewood citizens. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution appropriating funds from the Golf Course Fund retained earnings for the pump project. The construction contract is $94,200 and related electrical work is $1,800. These expenditures were not planned when the 1998 Budget was prepared. The sources and uses of the supplemental appropriation are: GOLF COURSE FUND: Source of Funds: Retained Earnings $96,000 uses of Funds : Golf Course Transfer Pump Project $96,000 BACKGROUND, ANALYSIS, AND AL'IBINATIVES 1DEN11F1ED City Council approved the Golf Course Expansion Project in 1994. Thia project is part of ongoing effons to provide a reliable water supply to the course . No alternatives were Identified. FINANCIAL •PACT This appropriation will reduce the Golf Course Fund's retained earnings by $96,000. UST OF ATTACHMENTS Proposed resolution .. • • 0 - - ' Date April 6, 1998 Initiated By • 0 I• • COUNCIL COMMUNICATION Agenda Item Staff Sources ,,,_ SUb)ect Award Contract for GoH Course Transfer Pump Project Department of Parks and Recreation Jerrell Black, Director of Parks and Recreation Dave Lee, Manager of Open Space COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the GoH Course Expansion Project in 1994. RECOMMENDED ACTION Staff recommends Council award, by motion, a COllllndon conlnlCt in the amount of $ 94,200.00 to Colorado Water Well Pump Service and Supply for the conalrUCtion of "Golf CourN ,-....,.. Pump Profect". Staff has investigated the low bidder, Colorado Water Well Pump Service, and finds their experience and qualifications acceptable . BACKGROUND, ANALYSIS, AND AL TEANATIVES IDENTIFIED The GoH Course Expansion Project, constructed in 1994, placed new demands on our water supply for irrigation . The front nine and new Par 3 Course draw water from the three lakes on the east side of the Platte River. Prolonged dry weather, combined with the heat of summer, draw the level in these lakes to unacceptably low levels. Conservation and creative irrigation scheduling has kept the course in an acceptable playing condition. However, staff has recognized that a severe drought would cause major damage to the turf. In 1995, the GoH Course replaced an existing well on the west side of the Platte River. This project installs a pump, with associated electrical wiring and controls, into the new well. Additionally, a 6" water line will be installed from the well pump, across the Platte River, to the southem most lake on the east side. This system will allow the GoH Course to refill the lakes while irrigating the course at the same time . Independent water engineers were consulted regarding the design of this system. The Consulting Engineers and our Utilities Department believe this to be our best and most economical solution to the water supply problem . FINANCIAL IMPACT Three bids were received and opened on March 19, 1998 at 2 :00 p.m . as detailed in the attached Bid Proposal Tabulation . The low bid was approximately 8% above the Consulting Engineer's Estimate. Review of the engineer's estimate revealed two items missing from the estimate. The Engineering Division of Public Works finds the low bidder's price reasonable. UST OF ATIACHM!NTS Contract Form Bid Tabulation / .. - II'"~ • " .. .. • • 0 , I ]- • • • . . CITY OF lmGLBIIOQD, COLOIIIUXl made and -tered into thi.e ____ , .. ca,. _____ day ot __ va;r...__.__ _______ , llf'"'H ___ by and bet-the City ot BD9lell00d, a immicipal corporation of the State of Colorado hereinafter referred to u the •city•, party ot the firat part, and TYPIM JNR. !JILL GP IPIILX 11P -111n-.._.,.g._ ____________ , hereinafter referred to aa the "Contractor•, party of the •ecoud part. wrnmssBTH, commmcing on the ___ 2..,,,.p.._ _______ .day of !PIPIV , 191L.__, and continuing for at 1 ... t ten (10) daya thereafter the City adverti•ed that •ealed proposal• would be received for furnishing all labor, tool•. aupplie•, equipment, material• and everything nece•sary and required for the following: PROJECT, c;rn or Pl' IF9P TTr SPPPD ,,--,-nww:r IIBDBAS, proposal• purllUUlt to -id advu-ti-t bave been received by the Nayar and City council and bave been certified by the Director of Public Works to the Mayor and City Council with a reca .. tion tbat a contract tor said work be a~ to the above Daaad Contractor IIIIO _. the l°"at reliable and responsible bidder therefore, and NIIBJIBAS, pursuant to -id rec«-ndation the Contract bas been awarded to the above Daaad Contractor by the Nayar and City Council and -id Contractor is u.ow willing and able to perform all of -id work in accordance with said adverti•-t and II.is propo-1. a:,w 'nlBJlKllOlm, in CODllideration of the compea-ticm to be paj.d the Contract, the 11111tual ~e1m1nt1 hereinafter containad are aubject the terms hereinafter •tated: A . C9PS,rac; P9nanu , It is ~ by the partiu hereto tbat the following li•t of inat~ta, drawi.Dp and ~t• which are attached hereto, bound herewith or -20- "' - .. .. •· • 0 I - ] • ,,,_ • • t• . • ' • incorporated herein by reference conatitute and shall be referred to either as the Contract Doculllents or the Contract and all of said instruments, drawings, and ~ta taken together as a whole constitute the Contract between the parties hereto and they are as fully a part of this agreement .. if they were set out verbatim and full herein : Advertisement of Notice for Proposals Proposal Contract (this inatrument) Performance Payment Maintenance Bond Receipt, Release, Waiver of Claims Special Provisions General Condition. Detailed Specifications Plana and Drawings in 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 Do=-nta . c. Term, of R•rform,pce : The contractor agrees to undertake the performance of the work IIDder this Contract within ten (10) days from being notified to ~e IIOrk by the Director of Public Worka and agrees to fully caaplete Aid 110rk vi.thin forty-fi'V9 (45) conaecutive calendar days .. detailed in section 2, Special Provisiona, plus such extension or extensiona of ti.as .. •Y be granted by the Director of Public Worka in accordance with the provisiona of the General Conditiona. D. Tagp of PIYMPJ;: The City avr-s to pay the Contractor for the perfor,aance of all tbe IIOrk r.quired IIDder this contract , and the Contractor 89%"-• to accept -hia full and only COlllpenaation therefore, such sua or -of -.y u •Y be proper in accordance with the price or prices set forth in the Contractor's Proposal hereto attached and made a part bereof, tbe total uti.aated cost thereof being JDllft 1P11 ==•= DP ,, 411 Jen IP4 PA AIPlil <I tt,311,11 l · B . Appropriatiop of •nnde= At present, IH,atA,11 bas been appropriated for the project . llotvithstandh,v anytlliD9 CODtained in this ~t to the contrary, in the 8V9Dt no funds or insufficiait funds are appropriated and budgeted by the go,,9rning body or are otherwise unavailable by any ae&DII wbat--r in any following fiscal period for which appropriations -re received without pa,alty or expease except .. to those portions of tbe Agr-t or other -t• berein for which funds have already been appropriated or are otharwise available . -21- • . .. • • 0 , ]- - • • • The City ab&ll 1-di.&tely mtify MS:91100 !NII DWe ,-QULX IIR ,mJC;1 or ita uaignee of such occurrence in the .-t of such tumin&tian. P. c;em;ast 11 rd1 w, It ia agr..«l eut t.hia canerace .i.ii be bindi.D!r an and iDure to tba balafit of tlle putiu hareto, thair baira, executor•, adlliDiatraton, uaigaa, 1111d aw::ceaaora . DJ WITRBSS IIIIDJIOI', the partiu ba,,. cauaed tbaH preaeuta to be signed peraonally or by thair dw.y authorised officers or agent• and thair •-l• affixed and dlll.y atteated the day and y.ar first above written. Thia contract • executed in~ccnmterparta. ATTBST : City Clerk Approved u to fona: City Aetoruay AffKST: Secretary -22- CITY OP DGLBIIOOD by------------ Mayor Party of tba Pirat Part CRJmwta ldM' Pell DF ez-tx ........... by ------------ . ' • .. • • 0 '32xl ]- 1, • ,,. • ·, • L CITY OF ENGLEWOOD GOLF COURSE TRANSFER PU•P PROJECT BID PROPOSAL TABULATION IIARCH 11, 1• ....., , Plan Holder _ .... llond R .... ~·Estlmal $88,500.00 1 COLORADO WATER WELL $84,200.00 y 2 HALLMARK, INC. $107,038.00 y 3 DOGAN CONSTRUCTION CO. INC. $258,000.00 y LOW 111DDB1: COLCRADO WATIII Wl!LL ,._. IIIMCI! a IUPPL Y ' I .. • • 0 - - • • • • • COUNCIL COMMUNICATION Date Agenda Item Subject Case OR-98-02 Comprehensive Zoning Ordinance Amendment -1-1 April 6 , 1998 11 a i and 1-2 Industrial Zone Districts Initiated By Staff Source Office of Neighborhood and Tricia Langon, Neighborhood and Business Development Environmental Technician COUNCIL GOAL AND PREVIOUS COUNCIL ACTION There has been no previous Council action concerning this matter. PREVIOUS PLANNING COMMISSION ACTION The Planning and Zoning Commission held a Public Hearing to consider proposed amendments to 1-1, Light Industrial, and 1-2, General Industrial, zone districts of the Englewood Comprehensive Zoning Ordinance on March 3, 1998. The proposed amendments address automobile crushing and hazardous waste storage and processing operations. The Commission recommended approval of the proposed Ordinance . RECOMMENDED ACTION When addressed by Planning and Zoning Commission, to the best of staff's knowledge, no car crushing businesses operated within the 1-2 zone district. Since passage of the proposed language by Planning and Zoning, it has come to the City's attention that an unlicensed automobile crushing operation may exist in the 1-2 zone district. Therefore, staff recommends that Council, prior to setting the public hearing, review staff's addition to Planning and Zoning's recommendation to provide for nonconforming use status for any existing uses which are not covered by conditional use status. (See Section 9 of the ordinance on page 33.) Staff recommends that City Council 9lt a public hearing for May 4 , 1998, to consider public testimony on the proposed Ordinance. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED "' - Industrial zone districts adjoin or abut residential zone districts throughout the city. This proximity generated concern that heavy industrial development impacts might affect adjacent residential neighborhoods. Further responding to citizen concerns , City Council directed Neighborhood and Business Development staff to review the industrial district sections of the Englewood Municipal Code. Council specifically requested review of car crushing and hazardous waste storage uses in the industrial districts across the City . The proposed amendments are to zone district regulations that address and affect all 1-1 and 1-2 zone districts city-wide . An Industrial Zone District Moratorium for the area bounded by Yale to Dartmouth, Santa Fe to Delaware , initiated to address industrial impacts on residential neighborhoods , ends on July 13, 1998. This Ordinance , if moved steadily forward, would become effective by that date . . . • . •· • 0 ,_ ]- • • to • <. A summary of industrial zone district revisions follows: Use 1-1 1-1 1-2 1-2 Note current propo1«l current . -· Automobile prohibited probiblted prohibited pnldlliled Automobile shredding shredding defined; use remains -. . Automobile conditional CF-ditioaal permitted permitted definition clarified wrecking use use and expanded; DO change in use status Hazardous permitted candltioaal permitted coadldoaal new definition; WISIC use me use becomes stonae or conditional FINANCIAL IMPACT If nonconforming use status is not granted to existing automobile crushing operations, the potential for a property rights "taking" may exist with possible legal action against the City. The actual fiscal impact of this potential cannot be determined at this time. LIST OF A'ITACIIMENTS Staff Report Findings of Fact Bill for Ordinance ' . •. .. • • 0 ]- • • TO: THRU: FROM: DATE: SUBJECT: REQUEST: • 0 . ' - I . Englewood Planning and Zoning Commission Robert Simpson, Director, Neighborhood and Business Development Tricia Langon, Neighborhood and Environmental Technician February 27, 1998 Planning Commission Date: March 3 , 1998 Case #98-02 Comprehensive Zoning Ordinance Industrial Zone District Amendments Staff requests that the Planning and Zoning Commission review, take public testimony , and provide comment on the proposed Englewood Comprehensive Zoning Ordinance revisions to the 1-1, Light Industrial, and 1-2, General Industrial, zone districts. RECOMMENDATION: Staff recommends that Planning and Zoning Commission recommend to City Council to approve the proposed revisions to 1-1, Light Industrial District, and 1-2, General Industrial District, of the Comprehensive Zoning Ordinance . BACKGROUND: City Council requested Neighborhood and Business Development staff to review and update the Industrial zone district sections of the Englewood Municipal Code . Council was concerned with impacts of heavy industrial development occurring adjacent to residential neighborhoods . Additionally, citizens, in public meetings, expressed concern with adjacent industrial property impacts including truck traffic, abandoned properties and transient activity . The City initiated an Industrial Zone District Moratorium to review impacts of industrial uses on adjacent neighborhoods . The Moratorium ends on July 13 , 1998 . This Ordinance, if moved steadily forward would become effective by that date. Recent neighborhood meetings suggested support for prohibition of certain heavy industrial uses, such as car crushers and hazardous waste storage, adjacent to residential neighborhoods . ORDINANCE PROPOSAL; Automobile shredding is currently prohibited in the 1-1, Light Industrial, and 1-2 , General Industrial District, zone districts. Automobile shredding is an intense process that converts or reduces vehicles to their component parts or a form suitable for further processing . The proposed amendments continues that prohibition and adds a definition to the ordinance clarifying automobile shredding to include crushing, compacting, baling or similar processes . Automobile wrecking is currently a conditional use in 1-1 and permiacd in the 1-2 district. Automobile wrecking is a less intense process of dismantling , parting out, salvaging and recycling of vehicle parts . This generally occurs prior to automobile shredding operations and does not include automobile shredding . The proposed amendments continue those uses in their respective districts. The definition of automobile wrecking is also expanded and clarified. Hazardous waste storage and hazardous waste processing arc currently permiacd uses in both 1-1 and 1-2 districts. The proposed revisions amend these uses to conditional use status. Hazardous waste storage and hazardous waste processing in proximity to residential districts . . ' I ' •· • 0 '-I -• • • '· pose potential health and safety issues to c1t1zens . New uses would be required to meet proposed conditions and be subject to public review and a public hearing. As proposed, uses in existence prior to the enactment of this Ordinance must comply with requirements of the Ordinance . Those uses may be granted conditional use status upon City administrative review demonstrating proof of compliance with conditions set forth in this Ordinance. If not found to be in compliance, existing uses shall be given twelve months to come into compliance. A summary of Industrial zone district revisions follows : Use 1-1 1-1 1-2 1-2 Notes current TO sed current TO sed Automobile prohibited prohibited prohibited prohibited definitions shredding clarified and Automobile conditional conditional permitted permitted wreckin use use Hazardous waste permitted conditional permitted conditional new definition, storage or use use use becomes conditional There no are proposed amendments to sections N and O of the Ordinance . SUMMARY; The proposed ordinance reYISIODS respond to City Council's request and timcframe requirements to address impacts of indusaial dcvelopmem . The revisions are stand-alone amendments that will carry over to future revisions of the Industrial zone district sections of the Comprehensive Zoning Ordinance . Staff suggests, within a reasonable time, completing a more extensive review and appropriate revisions of the Industrial zone districts to fully address changes in urban development that have occurred in the City since the current Ordinances· origin in the 1950s. AJTACHMENTS; 1-1 Light Industrial District 1-2 General Industrial District Industrial District Definitions 2 . ' .. •· • 0 . - I ,.,q, ' -• • '· CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MAITER OF CASE IOR-98-02 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO AMENDMENT OF THE 1-1 AND 1-l ) INDUSTRIAL ZONE DISfRICTS, AND THE ) DEFINITIONS SECTION OF THE COMPRE-) HENSIVE ZONING ORDINANCE ) INITIATED BY: CITY OF ENGLEWOOD NEIGHBORHOOD & BUSINESS DEVELOPMENT ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Latbram, Rininger, Tobin, Weber, Welker, Cottle, Dum- mer, Homer, Douglas Commission Members Absent: None This maaer was beard before the City Planning and Zoning Commission on March 5, 1998, in the City Council Chambers of the Englewood City Hall. Testimony was received from staff and from members of the public. The Commission re- ceived notice of Public Hearing. and the Staff Repon, which were incorporated imo and made a pan of the record of the Public Hearing. After considering the stJJtanenlS of the wimesses, and reviewina the peninem docnmem, the members of the City Planning and Zoning Commission made the following Findings and Con- clusions . I. FINDINGS Of FACT THAT the proposed amendmems to the 1-1. Light lndusttial District; 1-2. General In- dustrial District, and Section 16-8-1, Definitions. were initialed by the Neipborhood & Business Development Department at the request of Englewood City Council . 2 . THAT notice of the Public Hearin& WU published in the f.orlnroo4 9mld on Febru- ary 20. 1998. . ' • . .. •· • 0 f --• I -• • ,. • ' (, 3 . THAT Neighborhood/Environmental Technician Langon provided testimony regarding the proposed amendments to the 1-1. Light Industrial, the 1-2, General Industrial , zone districts , and §16-8 , Definitions . Those proposed amendments address the specific uses of car crushing and hazardous waste storage or processing, and new and expanded defi- nitions for automobile shredding and hazardous waste storage processing . The pro- posed amendments to the zone district regulations arc applicable to all areas zoned for industrial developmcm . 4 . THAT Ms . Marti Kucharski addressed the Commission, stating that she did not have any comments regarding the proposed amendments to the Comprcbcnsive Zoning Or<ii- nance , but did read into the record a letter in opposition to the Nonh Englewood Small Arca Plan. 5 . THAT Ms . Cindy Scott inquired regarding a specific definition of hazardous waste , and supported the need for tighter controls on external industrial effects. 6. THAT Ms . Nicole Baraga testified that she supponcd the proposed amendments . and noted that future regulations should be more restrictive and prohibit uses such as car crushing and hazardous waste storage and processing . Ms . Baraga funher testified that the Nonh Englewood neighborhood docs not wam any use that will generate noise or pollution. 7. THAT Commissioner Welker inquired about the appeal process for existing hazardous waste storage/processing sites if administrative review finds noncompliance with Con- ditional Use regulations . Mr. Welker also discussed his concerns regarding the pro- posed 500 foot distance between hazardous storage/processing sites and residential dis- tricts and parks . suggesting that this distance should be increased . Mr. Welker also discussed storage of vehicles at auto wrecking yards , and the fact there is no mcmion of radioactive materials in the proposed definitions . 8 . THAT Commissioner Coale asked for an explanation of "external effects", and ad- dressed the issue of Brownfields assessment in relation to Conditional Use approval . 9 . THAT Commissioner Rininger asked whether there arc car crushing operations , or hazardous waste storage/processing sites located in the City ; he also expressed concern regarding transponation of hazardous materials through Englewood . I. CONCLUSIONS THAT the proposed amendments to the Comprehensive Zoning Ordinance have been undertaken at the request of Englewood City Council . 2 ---~-J ' ,- ' ... .. I· • 0 - ]- • • • t~ • (, • 2 . THAT notice of Public Hearing was published in the Englewood lkGh! on February 20 , 1998 . 3. THAT the amendments to the Comprehensive Zoning Ordinance, 1-1 Light Industrial. and 1-2 General Industrial zone districts, and to Section 16-8, Definitions. penaining to the uses of car crushing and hazardous waste storage and/or processing, are applicable to all industrial zoned propeny , and will address the health , safety , and welfare of the general public . DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that the pro- posed amendments to the 1-1 , Light Industrial ; 1-2, General Industrial zone districts : and to Section 16-8-2 Definitions of the Comprehensive Zoning Ordinance should be approved . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on March 5 , 1998 , by Mr. Welker, seconded by Mr. Horner, which motion states : Welker moved: Horner seconded: The Planning Commission approve the proposed amendments to the 1-1, Light Industrial Zone District. to the 1-2 , GcncraI Industrial Zone Dis- trict, and to Section 16-8-1 Definitions , and forward the proposed amendments to City Council with a favorable recommendation. AYES : NAYS : Tobin, Weber, Welker, Conic, Dummer, Horner, Lathrun, Douglas Rininger ABSTAIN : None ABSENT: None The motion carried. These Findings and Conclusions are effective as of the meeting on March 5 , 1998. BY ORDER OF THE CITY PLANNING & ZONING COMMWJON .. •· • 0 f ,.,.,.. I - - • • r • • .... A summary of industrial zone district revisions follows: Use 1-1 1-1 1-2 1-2 Note current -current Automobile prohibited prohlb .. d prohibited prahlbllad Automobile shredding shredding defined; use remains Drohibited Automobile conditional use condlllonal permitted pennltlecl definition clarified wrecking .... and expanded; no change in use status Hazardous permitted condltlonal permitled condltlonal new definition; use waste UN .... becomes storage or conditional orocessina FINANCIAL IMPACT If the nonconforming use status is not granted to existing automobile crushing operations, the potential for a property rights 'iaking" may exist with possible legal action against the City. The actual fiscal impact of this potential cannot be determined at this time. UST OF ATTACHMENTS Staff Report Findings of Fact Proposed Bill for Ordinance ' ' • • • • 0 I • • 0 • ORDINANCE NO. _ SERIES OF 1998 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 18 INTRODUC~IL MEMBER~~..._._,.__....__"-- AN ORDlNANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS 13 AND 14, AND TITLE 16, CHAPTER 8 , OF THE ENGLEWOOD MUNICIPAL CODE 1985, PERTAINING TO 1-1 LIGHT INDUSTRIAL AND 1-2 GENERAL INDUSTRlAL DISTRICTS. WHEREAS, industrial zone districts adjoin or abut residential zone districts throughout the City and that proximity has generated concern that heavy industrial development might affect adjacent residential neighborhoods; and WHEREAS, the proposed ordinance resulted from the City Council direction in response to citizen concerns ; and WHEREAS, this proposed amendment to the Comprehensive Zoning Ordinance is applicable in all 1-1 and 1-2 districts in the City of Englewood, Colorado; and WHEREAS, the Englewood Planning and Zoning Commiuion reviewed the proposed ordinance and held a Public Hearing at their March 3, 1998 Meeting; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colorado hereby amends Title 16, Chapter 4, Section 13 , entitled 1-1 Light lndUBtrial Diatrict, of the Englewood Municipal Code 1985, to read as follows : 16-4-13 : 1-1 LIGHT INDUSTRIAL DISTRICT: The I -1 Industrial District is composed of certain industrial areas of the City plua certain open areas where similar industrial development appears likely to occur. The 1-1 Industrial District should be located near major roadways and truck routes so tha t traffic generated from the Industrial District will not flood the residential treets in the area. The regulations for this District are designed to stabilize and protect the essential characteristics of the District as well as the areas surrounding the Di strict. To these e nds , development is limited to light industrial uses plus ce rtain u s es providing services to the area, and regulations are established to provide for adequate sc reening and to govern the District. Both to protect residences from an undesirable environment and to ensure the reservation of adequate areas for indus trial development , new res idential development is excluded from this Di s trict , ex.ce pt for caretake r facilities and for mobile home parka for which a Dev elopment Plan has been approved. In recogn ition of the growing importance of manufactured houaine in the national housin g supply and the neceHity for UPfl"Bding exis ting mobile home parka within -1- •. I· • , • • . ' • the City of Englewood , Colorado, mobile home parks will be permitted in this Zone District. In order to assure the amenities within existing mobile home parks that will be rehabilitated or expanded and new parks which may be developed, such parks shall be constructed in accordance with a Development Plan, for which standards, specifications and regulations are set forth herein . A. General Regulations : The provisions found in this Zone District shall be subject to the requirements and standards found in Chapter l&-5, General Regulations, of this Title, unless otherwise provided for in this OrlHBanee TITLE or an amendment hereto. B. Planned UNIT Develi>pment: A Planned UNIT Development shall be filed for the development of any lot having one or more acres in area. See Section 16-4-15 of this Chapter for development procedure. C. Permitted Principal Uses: No land shall be used or occupied and no structure shall be designed, erected, altered, used or occupied, except for one or more of the following useB: 1. Any use permitted in the B-2 Business District excluding residential use except as permitted in subeection C2, mobile home parks. Each permitted use from the B-2 Zone Diatrict must also comply with all the restrictions and requirements set forth in the section establishing or allowing the permitted use unless specifically modified by this Section. 2 . Mobile Home Park Development, aee Development Procedure and Standards, subeections N and O of this Section . 3 . Manufacturing, Proceuing And/Or Fabrication: The manufacturing, processing and/or fabrication, as enumerated and limited herein, of any commodity except the following which are prohibited: Abrasives, basic manufacture. Alcoholic diatillation. Animal by-products, basic manufacture and proceBBing. Asphalt, manufacture and proceuing. AUTOMOBILE SHREDDING, CRUSlllNG, BALING, COMPACTING AND SIMILAR OPERATIONS . BIOLOGICAL WASTE, PROCESSING. Bone black, basic manufacture. Carbon black or lamp black, basic manufacture . Charcoal, buic manufacture. Chemicals, heavy or industrial, basic manufacture or processing. Cinder and cinder blocks, buic manufacture or proceBBing . Coal or coke, manufacture or processing. Concrete and concrete producta, manufacture or fabrication . Detergents, aoapa and by-products, using animal fat, basic manufacture. Fermented fruits and vegetable products, manufacture. Fertilizen, manufacture or proceuing. Fungicides , manufacture. Gaue1, other than nitrogen and oxypn, manufacture. -2- ,,, - \• I -I''~ r . ' .. •· • 0 , -• • • Glass manufacture. Glue and size, manufacture. Grain milling. Graphite, manufacture. Gypsum and other forms of plaster base, manufacture. Insecticides, manufacture. Insulations, flammable types, manufacture or fabrication . Matches, manufacture. Meat slaughtering. Metal shredding, a11'8 llhreliliillg and similar operations. Metals, extraction or smelting. Metals, ingots, pigs, sheets, or bars, manufacture. Oils and fats, animal and vegetable, manufacture. Paints, pigments, enamels, japans, lacquers, putty, varnishes, whiting, and wood fillers, manufacture or fabrication . Paper pulp and cellulose, basic manufacture. Paraffin, manufacture. Petroleum and petroleum products, manufacture or processing. Portland and similar cements, manufacture. Rubber, manufacture, or reclaiming. Sawmill or planing mills . Serums, toxins, viruses, manufacture. Sugars and starches, manufacture. Tannery . Turpentine, manufacture. Wu: and wax products, manufacture. Wood preserving by creosoting or other pressure impregnation of wood by preservatives. 4 . Sale At Wholesale Or Storqe: The sale at wholesale, the warehousing and/or storage of any commodity escept the following which are prohibited: a. Live farm animals . b . Commercial esplosivea. c . Aboveground bulk storage of flammable liquids or gasses, unless and only to the anent that the atoraae ix such liquicla or gasses is directly connected with energy or heating devices on the premises or to service railroad locomotives. 5 . Sale At Retail: The sale at retail of the following : a . Hardware. b . C. Any commodity manufactured, proceaaed, fabricated or warehoused on the premiHB. Equipment, 1upplie1 and materiala (escept commercial esploaives) desipied eapecially for use in agriculture, mining, induatry, buainea1, tranaportation, building and other con,truction. -3- • • • 0 ]- • • • • 6. Repair, Rental And Servicing: The repair, rental and servicing of any commodity, the manufacture, processing, fabrication, warehousing or sale of which commodity is permitted in this District. 7 . Contractor Yard For Vehicles, Equipment, Materials And/Or Supplies: A contractor yard for vehicles, equipment, materials, and/or supplies which complies with all of the following conditions : a . Is properly graded for drainage, surfaced with concrete, asphalt, oil or any other dust-free surfacing and maintained in good condition, free of weeds, dust, trash and debris. b. Is provided with barriers of such dimensions that occupants of adjacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment or supplies. C. Is provided with entrances and exits so located as to minimize traffic congestion. d. Is provided with barriers of such type and so located that no parked vehicles will extend beyond the yard space or into the required screening area if adjoining or adjacent to a residential district. e . Lighting facilities are so arranged that they neither unreasonably disturb occupants of adjacent residential properties nor interfere with traffic. 8 . Greenhouse. 9 . Newspaper distribution station. 10. Parking and/or commercial storage of operable vehicles . 11. Railroad facilities, but not including shopa. 12. School for training in occupational skills, enrollment may be open to the public or limited, may include dormitories for students and instructors. 13 . Terminal for intracity or intercity vehicles for movement of persons or freight . 14 . Warehousing and/or storage. 15 . Recycling operations, including, but not limited to, the procesaing of batteries, construction waste, food waste, glaaa, metala and/or alloys, papers, plastics and tires which complies with subaec:tion Cl5a of this Section, as liated below . Buyback centers that do not pr-. recycled materials and store their materials within an encloaed structure or a roll-off container, semi-trailer, or similarly self-contained apparatus shall be exempt from this subaec:tion Cl5. -4- ------ .. ., •· • 0 l • ]- • • • {. a. The manufacturing of all materials shall occur within an enclosed structure. The storage of materials may occur outside of the structure providing said storage is in a roll-off container, semi-trailer, or similarly self-contained apparatus. For operations not conducted within an enclosed structure, see subsection Jlc of this Sectioo. 16. Pawnbroker and automobile pawnbroker. 17. Any similar lawful wie which, in the opinion of the Commission, is not objectionable to nearby property by reuon of odor, dust, smoke, fumes, gas, heat, glare, radiation or vibration, or is not hazardous to the health and property of the surrounding area through danger of fire or explosion. D. Prohibited Uses: 1. No sales or service activity shall be allowed from any temporary structure or vehicle when a building permit application has not been submitted for a permanent building or structure to replace the temporary structure. 2. The height of materials or equipment being stored shall not exceed the height of the screening, fence or wall. E. Maximum Gross Floor Area In Structures: The sum total of the groaa floor area in all structures on a lot, excluding the gross floor area of off-street parking garages, shall not be greater than two (2) times the area of the lot on which the structures are located. Thia does not apply to mobile home parka. F . Minimum Setback: Where an 1-1 building site abuts upon, adjoins or is adjacent to a residential zone district, aetback of ten feet ( 10') is required except u provided in aubaec:tion L of this Section. This does not apply to mobile home parks . G. Minimum Private Off-Street Parking: (See Chapter ~5 of this Title, General Regulations.) H . Minimum Private Off-Street Loading: (See Chapter ~5 of this Title, General Regulations .) I. Accessory Buildings And Permitted Accessory Uses: Any accessory building or wie incidental only to permitted principal wie, which acceuory building or use complies with all of the following conditions : 1. Mobile Home Park Planned Development: a . Service building. b. Park office and manapr'1 living unit . c. Recreational facilities, both indoor and outdoor, provided for the uae ofoccupanta of the park and their ,ueata . -5- •· • 0 -' 'I , "l'l I -• • • (. d . Storage units and buildings . e . Private off-street parking, may be enclosed . f. Vending machines for the convenience of the occupants of the park, i.e ., soft drink, candy or ice-dispensing machines . g. Day care center. 2. All Other Permitted Principal Uses: The accessory use shall: a . Be clearly incidental and customary to and commonly associated with the operation of the permitted principal use . b . Be operated and maintained under the same ownership, or by lessees or concessionaires thereof, and on the same lot as the permitted principal use. c. Not include structures or structural features inconsistent with the permitted principal use . d . Not include residential occupancy other than by caretakers or watchmen. e . Be limited to a groes floor area of not more than ten percent (10%) of the area of the lot on which the permitted principal use ia located, if the ac:ceuory use ia operated partially or entirely in detached structures. f. Not be greater than ten percent (10%) of the grou floor area of the structure containing the permitted principal use if operated partially or entirely within the atruc:ture containing the permitted principal use (escept pragea, loading docks and company dining rooms ). J . Conditional Usea : Provided the public interest ia fully protected and the following uses are approved by the City Planning and Zoning Commiaaion and City Council : 1. Uses : a . Automobile wrecking yarda and junk yards. (1) Any automobile wreckins yard or junk yard opened after the effective date of thi• 9diuue SECTION shall be on a parcel or acijoining parcela of not lea than one acre but not to exceed one and one-half (l 1/1) acres. (2 ) Any automobile wrecltin& yard or junk yard a pproved pursuant to the proviaiom of thia 9t"llia-ee TITLE or any emtin& automobile wreckins yard or junk yard expanded under the proviaiOD8 of thia 9•••11 ee TITLE , aball be Nt back no leu than one hundred ftfty feet (150') from the boundary line of any residential aone diatrict . -6 -___ , • t • .. I· • 0 l -.. I - - • • ·, • '· (3) Any automobile wrecking yard or junk yard approved pursuant to the provisions of this ONiftanee TITLE shall be enclosed on its perimeter with a solid, nontransparent vertical wall or fence with a minimum height of six feet (6') and a maximum of twelve feet (12') measured from ground level. Fences of woven wire or cbainlinl< materials shall be prohibited . (4) Any automobile wrecking yard or junk yard appre,etl pmllll8fti '8 Mte pre,•-ef thia 9rlliBanee anti all , BP1111 elli1111ing -tihe efeeti.e tla'8 eftihill 9rlliBanee shall comply with Title 5, Chapter 10 of the Englewood Municipal Code, as amended, eaa.-etl ,....., Wreelling anti .J-. ¥ertl11 , and all other applicable codes or ordinances . (5) Any automobile wrecking yard or junk yard which is licensed by the City on the effective date of thia ONiftanee SECTION shall be deemed to be an approved yard whether or not it has a minimum area of one acre, and such yard may be expanded onto abutting property, provided that such expanded yard conforms to the requirements of this and any other applicable codes or ordinances . b. AmUllelllent e11tabliahmenta including, but not limited to, billiard halls, bowling alleys, coin-operated game11, dance halls, electronic or video games, night clubs, outdoor commercial recreational facilitin , pool halla, or skating rinb. c. Rec:yc1ing operations, including, but not limited to, the proce111ing of batteriet1, construction waste, glasa, metals and/or alloys, paper, plutica and til"N, escluding food wute, automobile wrecking yarda and junk yards u cited in aubeection Jla of thia Section. Buyback centen that do not proceu rec:,cled materiala and .tore their materials within an enc:IONd lltructure or a roll-off container, semi-trailer, or similarly 1elf-contained apparatus shall be exempt from thia eubaection Jlc. ( 1 ) ADy recycled material manufacturinc opened after the effective date ofthia aublection Jlc aball be located on one or more contiguous parcel(a) which total area shall not be leu than one acre. (2) The manufacturing and atorqe of all procellled and unproceaaed materials aball be enclosed with a solid, nontransparent vertical wall or fence with a maximum bei,tit of eipt feet (8') on the pan:el(1) frontqe and twelve feet (12') on the parcel(•) aide and back boundarie11 . Fence• of woven plastic, wire or chain 1inl< aball be prohibited . 3) The atocl<pilinr of all proceued and unpl'OCNNCI materials 11hall not exceed the heipt of the wall or fence . -7- ---~ ~- • I .. •· • 0 f __ I - ] • • • <. (4) No more than seventy-five percent (75%) of the parcel(s) total size may be utilized for the storage of processed or unprocessed materials . (5) All recycled material manufacturing businesses operating under a conditional use provision shall be subject to yearly administrative compliance review of the adopted conditions . d . Temporary employment businesses as defined by and which are required to be licensed under Title 5 of this Code, shall comply with the following requirements in addition to the provisions of 16-5-21 E.M .C.: (1) Shall be located no closer than one thousand feet (1 ,000') from any residential zone district. (2) Shall be located no closer than one thousand feet (1,000') from any establishment selling alcohol by the package or drink. (3) Shall be located no closer than one thousand feet (1,000') from any public gathering facility . (4) With respect to the distancing requirements in this subsection between a business premises for which a temporary employment service is proposed and another use, the distance shall be measured by following a straight line from the nearest point of the property line of the buaineu premises of the proposed t.emporary employment aervice to the nearest point of a residentially zoned district or the property line of the specific use listed . E . HAZARDOUS WASTE, INCLUDING BUT NOT LIMITED TO THE STORAGE, PROCESSING, COLLECTION, OR WAREHOUSING OF HAZARDOUS WASTE SHALL MEET ALL OF THE CONDfflONS LISTED BELOW. (1) HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL APPLICABLE STATE AND FEDERAL REQUIREMENTS NECESSARY FOR THE OPERATION OF A HAZARDOUS WASTE FACILITY. (2) HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL APPLICABLE CITY REGULATIONS . (3) PROCESSING OF HAZARDOUS WASTE SHALL BE CONDUCTED ENTIRELY WITHIN AN ENCLOSED STRUCTURE . STORAGE OF HAZARDOUS WASTE SHALL BE CONTAINED ENTIRELY WITHIN AN ENCLOSED STRUCTURE OR WITHIN AN APPROVED ABOVE-GROUND STORAGE TANK. (4) HAZARDOUS WASTE OPERATIONS SHALL BE LOCATED A MINIMUM OF FIVE HUNDRED FEET (500') -8- • . •· • 0 I ''1' I , I - - .. • • FROM THE BOUNDARY LINE OF ANY RESIDENTIAL ZONE DISTRICT OR PARK. (5) HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL CONDffiONS OF SUBSECTION K: LIMITATIONS ON EXTERNAL EFFECTS OF USES. K. Limitations On External Effects Of Uses: Every use established or placed into operation after the effective date of thia 9rilill.-ee SECTION shall comply forthwith with the following limitations. All 1111e11 established and in operation on the effective date ofthia 9rilill.a11ee SECTION ahall be made to comply with the following limitations: 1. Volume Of Sound Generated: Every use, unleu exprealy e:a:empted by ehi11 9rllin1111ee THE CITY COUNCIL, shall be 80 operated that the volume of sound inherently and recurrently generated dON not e:a:ceed seventy (70) decibels at any point of any boundary line of the lot on which the use is located. 2. Vibration Generated: Every use shall be 110 operated that the ground vibration inherently and recurrently generated is not perceptible, without instruments, at any point of any boundary line of the lot on which the use is located. 3 . Emission Of Heat, Glare, Radiation, Duat And Fumes: Every use shall be 80 operated that it does not emit an obnoJ:ioua or dangerou11 degree of heat, glare, radiation, dust or fumes beyond any boundary line of the lot on which the use is located. 4 . Outdoor Storage And Wute DispoA.l: 5 . a . No highly Rammable or uplmive liquids, solids or gaaaea ahall be stored in bulk above IJ'OUDd . Tanb or drum• of fuel or railroad locomotive fueliq or directly COIUlectinc with enel'I)' devices, beatinc devices, or appliances located OD the aame lot u the tanb of druma of fuel are ududed from thia proriaiOD. b . All outdoor atonp facilities for fuel, raw materials and product.a and all fuel , raw materiala and produeta atored outdoon ahall be encloaed by a solid fence or wall adequate to cooceal auch facilities, fuel, raw materials and product.a from acljacent residential diatricta; provided, hCIWfter, that auch fence or wall need not eueed eisht feet (8') in beicht . c . No materiala or wutea shall be depoaited upon a lot in such form or manner that they may be tnnaferred off the lot by natural causes . Liquefied petroleum pa inatallation.a ahall conform to current Fire Code requirements . 6 . No uae shall be undertaken in a manner that creat.. a -OD nuisance . -9- --..:..., .. •· • 0 -• • I• • L . Screening: In an effort to lessen the incompatibility between a residential district and an industrial district where those districts abut, adjoin or are adjacent, one to the other, it is deemed necessary that the owner of the use in the industrial zone district take certain measures to protect those persons in the residential district. Persons in the residential district shall be protected from the possible adverse effects of the noise and lights from cars, the passage of materials or wastes from parking lots, loading areas and storage yards and to discourage juveniles from trespassing in hazardous areas where the storage of equipment and supplies may create an attractive nuisance. One of the following provisions shall be applied: 1. Setback/screening in addition to the landscaping requirements. There shall be no less than a ten foot (10') setback from the property line where it abuts, adjoins or is adjacent to a residential district. The setback area shall be landscaped with lawn, trees and shrubs of both a deciduous and evergreen variety. Such landscaping plan shall be filed with the building permit application. 2. AB an alternative to subsection Ll. The portion of the property which abuts upon, adjoins or is adjacent to the n1sidential zone district shall be screened by a decorative, closed-face or solid concrete, block, wood , or brick fence not less than six feet {6') high, which fence need not be set back from the property line. 3. No building or portion thereof shall qualify as a wall, screen, or fence under the provisions of this Section. An exception to this subsection ahall be made as necessary at an intersection or at an entrance to an alley or driveway in order not to obstruct the view of a motorist except as provided in 1111l,eeeti111111 !& 4 !786, !& I !861g IIINI 16-5-14 E .M .C .. M. Landscaping: See Landscaping SHALL BE IN ACCORDANCE WITH 8rliiaaaee !& I }8 ef thia Title. N . Procedure for Development of Mobile Home Parka . 1 . Mobile Home Park Development Plan required. At the time the application is submitted for the Mobile Home Park Planned Development, either for the expanaioo of an existinr park or for a new park., the applicant ahall submit twenty-five (25 ) copi• of a Development Plan for the propoaed park. Thia plan lhall comply with all applicable City cod• and with the provwona of thia Chapter and shall include all of the information in subsection N2 hereof. 2 . The procedure for procesaing the Development Plan aball be in accordance with Section 16-4-15 of the Comprehenaive Zoninc Ordinance; however, where additional information or specific procedure is required herein, thoae provisions ,hall prevail . -10- I' - • . .. •· • 0 . -ti'"' , , ]- • • • • 0 . Standards for Development of Mobile Home Parks. 1 . Mobile Home Park site location. The Mobile Home Park shall be located on a well-drained site, shall not be within the lines of a 100-year flood plain or flood hazard area, and the site shall be made free from marshes, swamps or other potential breeding places for insects or rodents. The site should not be ezposed to undue chronic nuisances such as noise, smoke, fumes or odors . The topography on the Mobile Home Park site should be favorable to minimum grading, mobile home placement and ease of maintenance . The longitudinal grade for the individual space shall not exceed five percent (5%) and an adequate crown or crou-gradient for surface drainage shall be provided. 2. Information to accompany the Mobile Home Park Development Plan . A complete Development Plan for the purpoee of obtaining a Mobile Home Park permit shall be drawn to scale (not smaller than 1 " equals 20') and shall show or state: a . The area and dimensions of the tract of land. b. Contours when topography is a design factor and required by the City Engineer. c. The number, location, and size of all mobile home dwelling unit spaces, with each space designated as "mobile home" and showing the location of the individual storage building, fencing , outdoor livability area , and service space . d. The location and width of all internal roadways and sidewalks. e . The location and 1ize of automobile parkini Iota and layout of parking 1pacea and maneuvering areas. f. The location of the service buildings and any other exilting or propoaed structures, including the outline of the structures and overall dimensions . g . h . i . j . k . The location and intended development of recreation facilities and other open areas, excluding parkini and maneuvering areas . The 1ize and location of exiating and propoeed water and sewer connectiona, location of fire hydrantl, and methods to be uaed for trash and garbage dispoeal . Deaignated fire lanes. Alljacent atreetl, showing rightl-of-way and roadway widtha . Alljacent buildinp, showing outlinea of the buildinp and the number of floon . -I I - .. ., •· • 0 I I - • • • - I. Plans and specifications for all buildings, utilities and other improvements constructed or to be constructed within the park. m . Any additional information which will aid in the consideration of the propoeed Mobile Home Park Development Plan. 3 . Minimum area of Mobile Home Park. a . Mobile Home Park 8 acres. 4. Maximum density. a . Mobile Home Park 8 mobile home dwelling unit 111J8C1!11 per acre. 5 . Maximum lot coverage . The maximum coverage of the mobile home lot shall be thirty-five percent (35%) eicept aa provided herein: a. Where a roof area, such aa a carport or outdoor recreation shelters, is open for fifty percent (50%) or more of its perimeter, its lot coverage shall be computed aa one-half(1/2 ) the area covered by the roof. b. Where the lot is adjacent, and has access to improved common open apace, other than vehicular areas, and not less than twenty feet (20') in width, an additional five percent (5%) of the lot may be occupied. 6 . Minimum lot dimensions and shapes. Minimum lot widths and areas ahall be u required to meet lot coverage and yard, mobile home and building IIJIKUII, and other requirements u set forth herein . So long u these requirements are met, and the l'NUltin, layout of the lots ill functional and provides for efficient proviaion of utilities and for convenient pedestrian and vehicular acceaa, lot lines ahall not be required to be perpendicular to streets or radial to curves, and lot shapes may take any form, provided, however, that in no cue shall any area on the lot more than fifty feet (50') from the mobile home, nor any portion of the lot less than ten feet (10') in minimum dimension between opposing lot lines, be included in required lot or open space area. 7. Perimeter yards . a . Adjoining public streets. Where one or more boundaries of the Mobile Home Park Planned Development adjoin public streets, a yard of at least twenty five feet (25') in depth ahall be provided adjacent to such boundary. b . Adjoining alleys. Where the boundary of a Mobile Home Park Planned Development adjoins an alley, a yard of at least ten feet (10') in depth ahall be provided adjacent to such boundary. -12- • • 0 I - 1 8 . • - • • • •. - c. Adjoining a residential district. Where a Mobile Home Park Planned Development adjoins a residential district (R-1 , R-2, R-2-C , R-2 -C/S .P .S ., R-3 or R-4) without an intervening street or alley, a yard of at least twenty feet (20') in depth shall be provided adjacent to such boundary. d . Adjoining a business or industrial district. Where a Mobile Home Park Planned Development adjoins a business or industrial district (8-1 , 8-2, 1-1, 1-2) without an intervening street or alley, a yard of at least twenty feet (20') in depth shall be provided acljacent to such boundary. e . Exceptions . If determined necessary in order to provide protection to residents within a Mobile Home Park Development from excessive traffic noise, lights or other adverse influences from outside of the development, a greater depth and/or approved screen planting, walls or fences may be required in a yard. Such determination shall be made by the City Planning and Zoning Commission in conjunction with the consideration of the Mobile Home Park Planned Development Plan. f. Inclusion as part of individual lots and yards. Except as otherwise may be specifically provided, the yard may be included in individual lots and used to meet yard or area requirements for the mobile home thereon, if the yard is appropriately located and improved. g . Limitations on use of yards acljoining residential districts. No group parking facilities and no active recreation facilities for common use shall be located in any required yard adjoining lots in a residential district. Livable open space on lots . Livable open space shall be provided on lots for mobile homes in an amount equal to not less than ten percent (10%) of the lot area, provided that in no cue shall the required livable space be less than three hundred (300) square feet. Such required livable space shall have a least dimension of not less than fifteen feet (15'). Such space shall be located for privacy, convenience and optimum USP. and shall be walled, fenced or planted to assure reasonable privacy. Within such area, an area suitably surfaced for the placement of garden or lawn furniture shall be provided, which surfaced area shall be not less than one hundred (100) square feet in area with a least dimension often feet (10'). 'Ibe surfaced area may be a movable element in order to permit maximum flexibility in providing for a variety of mobile home widths, floor plans and locations on the lot. 'Ibis area may be covered with a roof, creating a recreational lhelter, subject to limitations on maximum lot coverage . Parking areas and driveways shall not be included in required livable open apace. -13- ...... •· • 0 ··-.... ' ? I - - • • • <. a. Yards, open space adjacent to mobile home units and spacing of units . (1) Intent. Yards and other open spaces required herein in relation to the mobile home dwelling units are intended to perform a variety of functions . Among these are to assure adequate privacy, and to provide usable outdoor living apace, a desirable outlook from the principal living room eltJ)Ollure, natural light and ventilation, access to and around the units, off-street parking and spacing between the mobile home dwellings and between the dwelling unit and other buildings for reducing potential adverse effects of noise, odor, glare or hazards from fire. It is intended in these regulatiom to relate requirement.a to performance of these functions, allowing muimum flexibility in detailed site planning and use in so long u performance standards are met. (2) Dwelling unit eltJ)OIIUR and outlook. For purpoees of relating requirement.a to function, yards and other open spaces around the mobile home dwelling unit.a, distances between dwelling unit.a and other builclinp shall be determined by eltJ)Ollure& and outlook.I from the portions of the dwelling unit.a involved. Exposures of portions of dwelling unit.a and the minimum open apace depth are defined and claaaified u follows: (A) Claaa A -portions of walh containing principal living room eltJ)OIIUR to outdoor living area throUlh m*1t' windows and/or 11.uaed doon. Prime c:onaideration here is direct view of, and convenient acceu to, outdoor - livable apace. In ~ where two (2) walh ~ the dwelling unit provide this type of eltJ)OIIUR from the living room, either may be aelect.ed u the Clue A eltJ)Ollure, and the other ahall be considered Claaa C . Claaa A expoaures . Minimum open apace depth for Clue A esposurea ahall be ftft.eeD feet (1 5'). The Claaa A eltJ)OIIUR ab.all be to livable apace, required or other, on the lot, and not to parkinc area or driveway area. -14- -----. . , • . .. • • 0 f --. I • • • {B) Claaa B. Portio1111 of walls containing the only windows for bedrooms, or principal windows and/or glaued doors for bedrooms, where privacy, moderate outlook and light and air are principal considerations. Cius B esposures. Minimum open space depth for Claas 8 exposures shall be ten feet (10'). This may include livable open space, and parking and driveway areas on the lot. {C) Cius C . Portions of walls containing secondary windowa for bedrooms, windowa for kitchens, bathrooms , utility rooms, and the like, secondary windows for living rooms, or exterior doors other than entries with Claas A orientation, where windows involved do not involve privacy or are so located, shielded, or are of such a nature that necessary privacy is aaured, and where light, air, and fire protection are principal conaiderationa. Clau C e&p09Ul'l!S. Minimum open apace depth for Claas C upoaurN llhall be ei,tit feet (8'). This may include the same types • open space u for 8 . {D) Claas D. Portiou of walla containin, no wiadowa , cloan, or other openinp, but aat • ccmatructed or ............ to be IIUitable far ... +-, to other dwellmt unit.a or priDcipal baiktinp. Principal ~ in IIICb -is with tire prat,ed.iclll. Clw D ......-. NiDie-opm ...-clapth far a.. D ....--e lball lie 1w feat (5'). Thia may iDdude the aame types• opm ...-u b B. {E) Clue E . Portiaa « walla cmat.aini-, no windows, doan or other opmiDp, ad • CDDMl'UCted or aaflll'l&l'ded • to provide at IN8t -.hour fire prat.edima if it -attacbed to ----mobile ._ dwelliq unit or to a permitted buildiac , Clw E apoaures. No minimum open space depth requirements. -15- • • 0 f ~ .. I -• • - 9 . Distance to common areas. Except as provided above, distance from any eKpOSUtt to a street pavement or to the edge of a common driveway, a common parking area, a common walk, or other common area shall be at least eight feet (8'). For Class A exposure this distance shall be at least fifteen feet (15'). Carports open in a manner which assures compliance with the provisions of subsection 0,5, Maximum Lot Coverage, may extend to within four feet (4') of a common sidewalk adjacent to a street or common parking area, or to within four feet (4') of the street pavement or common parking area if no such sidewalk is involved; but the carport may not be in the required livable space or in any portion of the open space which coD8titutes a Class A exposure. 10. Carports, individual recreational shelters, storage facilities in required open space. a. Carport. A carport enclosed for fifty percent (50%) or less of its perimeter, and with enclOIIUl"e often percent (10%) or less of the portion of its perimeter opposite any Class B or C exposure, may be located in any portion of the open space on the lot which is not required livable space and does not constitute Class A exposure. b. Individual recreational shelter. An individual recreational shelter as described in aubaec:tion 0,8 enclosed for fifty percent (50%) or leu ofita perimeter in a manner which does not constitute undesirable impediment to view or fire hazard may be located in any livable apace on the lot. c. Storage facilitiea. St.onp fllcilitiea may be included as part of the enclOIIUJ'e for carporta and recreational lltrw:turell subject to the limitationa aet forth above. Independent storage lltruc:turell containing not more than one hundred (100) cubic feet af atorqe •pace may be located in any portion of required open apace on the lot, provided that • located and conatructed such atructures do not conatitute undeairable impedimenta to view or fire huarcu. 11. Spacing of mobile home dwelling units on adjacent Iota . Minimum required diatancea between mobile home dwelling units, or additions thereto endoeed for more than fifty percent (50%) of their perimeters, shall be the IIIIJII of the required cmtancea for the expoaurea involved . 12. Equivalent •pacinc alt.emative. Aa an alternative to providing "' - required open •pace betw-units or portions of unita • the awn oC adjoining open •pacea on individual lots, where equivalent spacinc can be ..ured in a form appropriate to the expoaures involved by decreMing clearance from the lot line on ODe lot and increaaing clearance from the lot line on the other, thia arranpment may be permitted, provided that acceu for servicing and maintenance of unita involved can be aa•ured, and further, provided that minimum open space depth for Clau A expoaurea ehall be located on the same lot u the unit. Thua, for eumple, in a row of Iota on which Clau A upmures faced Clau C npo9ures, callinc for minimum open apace depth oCftfteen feet (1 5') OD the lots with Clau A expoaure and eipt feet (8') on the lots with ClaN C, the units could all be moved to the lot line OD the Clau C aponre aide if the -16- ... .. • • 0 - • • • • • . . minimum depth on the Class A exposure side was increased to twenty- three feet (23'). 13. Occupancy of mobile homes. a . No mobile home shall hereafter be occupied unless it is parked in an approved Mobile Home Park . b . No mobile home shall be occupied in a Mobile Home Park unless the mobile home is situated within a designated space and on a HUD approved foundation or on a concrete slab of not less than four inches (4") in thickness and no smaller than the outside dimensions of the mobile home to be accommodated . c . Jacks, or stabilizers, or precast concrete block with a base not less than sixteen inches by sixteen inches by four inches (16" I 16" x 4"), must be placed under the frame of the mobile home to prevent movement on the springs while the home is parked for occupancy. c . Jacks, or stabilizers, or precut concrete block with a base not less than sixteen inches by sixteen inches by four inches (16" I 16" x 4"), must be placed under the frame of the mobile home to prevent movement on the springs while the home is parked for occupancy. 14. Skirting. All mobile homes shall be permanently sited according to HUD standards or shall be completely encloeed from the floor to the ground with a noncombustible material. EnclOIIUl'eB shall be vented by the installation of two (2) openings not leu than one square foot each, located at diagonal comers from each other and covered with a corroaion-resiatant screen or grill having openings not le111 than one- quarter inch (1/.") nor more than one-half inch (1/2 ") in any dimension. One acceu door, a minimum of eipt.een inc:MI by twenty four inc:MI (18" x 24"), sbaU be inataUed in the skirting ahead of the front ule and one behind the rear ule of the mobile home. 15 . Mobile home wind aecurity. Each mobile home in a Mobile Home Park shall be prot.ected apimt wind fon:ea by the inatallation of overhead ties and frame ties anchoring the home aec:urely to the ground, as follow s: a . Required number and types of ties . (1) Mobile bomee 30' -50' -3 frame ties per side . (2 ) Mobile homes 50' -70' -4 frame ties per aide. (3 ) Mobile homes over 70' -5 frame ties per aide . (4 ) Over-the-home ties as doae to each end as pouible with straps at stud end and rafter location. (5 ) Poets for cabanas and aWllinp muat be securely anchored to a concrete patio or equivalant footiq . -17- ,,,_ • .... ... • • 0 , ? I - - • 111 - • L• . • ' b . Anchoring specifications. (1) Auger or deadman type anchors, 6" in diameter. Arrowhead type anchors, 8" in diameter. (2) Auger or arrowhead anchors should be sunk to depth of four feet (4'). "Deadman" type anchors should be sunk to depth of five feet (5'). (3) Anchor rod, 5/1 • diameter with ends welded cloeed to form an eye. Must be booked int.o concrete where used in deadman anchon . c. Tie and connector specifications. (1) Ties sball be plvanized steel strape 111; x .035 or woven wire, galvanized or stainless steel cable •11• diameter or 1 /4" aircraft cable. (2) Connect.on sball be turnbuckles 5/1 • diameter of drop forged steel with ends welded or forged cloeed to form an eye or other tensioning devices of similar strength. 16. Standards for street system. a. The street ayatem within the park sball be 80 designed that access to all lots used for parking mobile homes sball be from within the park. No lot sball be 80 laid out or improved u to permit direct access to any public street or highway. b . Streets leading into the park from public streets and highways sball be pafld to a width of at leut forty feet (40') for a distance of at leut one hundred feet ( 100') from the public street or highway, and no parkin, sball be permitted on such streeta within twenty- five feet (25') of the public street or highway. c. Other streeta in the park sball be paved to a minimum width (curb to curb) oftwenty-eipt feet (28') for one-way atreeta, thirty-eight feet (38') for two-way streeta, where parking ia permitted. For each side of 1ucb streeta on which parking ia prohibited, minimum width may be reduced by eipt feet (8'). d . Curvea on all acceu roadl sball have a minimum inside radiua of not lea than twenty feet (20'). e . Dead-end 1treetl may be used, prarided that no IUCh street sball exceed four hundred feet (400') in 1-,tb. and that aucb streeta sball be provided at the cloeed encl with a turn around of at leut forty-five foot (46') radiua at the outaide eclp oftbe paviq. f . All ltnetl within the park sball be built to City of Encl-ood c:onatnaction apeciftcatiom, and sball include curb and suttar. -18- ' • • • 0 f --I -• • • g. Signs shall be placed at street intersections within the park designating the mobile home space numbers located along each street. The letters on such signs shall be a minimum of three inches (3") in height and shall be reftectorized. 17. Parking. In Mobile Home Parka, not Iese than two (2) parking spaces shall be provided for each mobile home space. Parking spaces shall be conveniently located with reapect to normal anticipated uae by tenants and visitors and in relaticm to aervice facilities . Such parking spaces shall be not 1-a than nine feet by twenty feet (9' :a: 20'). 18. Walkways. Concrete walkways not Iese than twenty-four inches (24") wide shall be provided from mobile home spaces to streets, and all other concrete walkways shall be at least thirty inches (30") wide . 19. Screening. Adequate protection shall be provided the residents of the park from any undesirable off-site views or any adverse influence from adjoining streets and properties . To this end, the park shall be surrounded by a fence, wall, or planting acreen on all sides abutting or adjacent to other private property, or an arterial street or highway. If a fence or wall is used, it shall be at leut Bi:a: feet (6') in height and of solid conatruction. If veptation is uaed in place of a fence or wall, it shall be of a nature which providee equivalent protection to the property and to neighbonn, property. Notwithatanding other requirements of this provision, no fence, wall or veptative saeening shall be permitted to extend into any required uterior yard at a height or in a manner which materially impedes the visibility of a motorist e:a:iting from the park onto a public street. 20. Recreaticmal area . For children's play and adult recreation, not less than eipt pen:ent CK) of the crou area lball be aet uide and appn,priately imprcMICI, ad tlua ana lball nat be uaed for any other J1U111N8 . The childrm'1 play area lball be ao loc:at.ed and protected u to minimize danpr from traffic. Recreation areu may include apace for a cammunity buildiq ad cammunity uae facility 1w:h u indoor recreation area, lwimmins pool or bobby wwbbop. 21 . Lichting. a . Street and yard lipta lhall be provided in auch number and intensity u to imure we movement of vehicles and pede11trian1 at nipt. b . Each aervice buildins 1hall be adequately lighted inlide, and llball have outaide lights larae enou,h to illuminate the immediate area, which liJhta lhall be placed in 1uch a manner that iclmtifyina lips are readable at nipt. 22 . ClotMe dryiDc area rwquind. Adequate inaide dryiq faciliti• acij-t to the wubiq fadliti• in the Nl'Tice buildiq llball be provided. Umbrella-type dryiq fadlitin may be inltalled in the individual mobile '-e ..,_ u a put of the buic facilitiN. -19- • I .. • • 0 I --. I ]- • • • .. 23 . Fire protection requirements. a. All portions of any park shall be within five hundred feet (500') of-fire hydrant of size and design conforming to the City of Englewood Fire Code. b. Every park shall be equipped at all times with supplementary fire extinguishing equipment in accordance with the City of Englewood Fire Code . Fire emnguiabers which are provided shall have a minimum rating of 2A-10 BC U/L. c. Each park shall have designated fire lanes, the location, dimensions and construction of which shall conform to the City of Englewood Fire Code . 24. Service building requirements. a . Service building requirements for mobile home parka . Every mobile home park shall provide adequate unitary facilities for emergency use in a service building or buildings. These facilities shall consist of at least one Ousbtype toilet and one lavatory for each sex. Such facilities shall be maintained in a clean and sanitary condition and in workin( order at all time. b. Additional service building requirements. Service buildings: (1) Shall be located at least fifteen feet (15') from any mobile home space. (2) Shall be of moiature-reaiatant material on the inside, to permit frequent wubiq and cleaniq and shall be adequately lilbted. (3) Shall be of permanent conatrudion af one-hour fire rating, complying with City aC Enslewood Building Codes. (4) Shall have adequate beating facilities to maintain a temperature of sixty eipt degl'MI (68') Fahrenheit during cold weather, and to supply adequate hot water during peak hour demanda . (5 ) Shall have all rooms well ventilated with all openings effectively acreened . (6 ) Shall provide separate compartments for each water closet, adequately ICJ"NIWll other compartments from view. The toilet and other sanitation facilitiea for malea and females shall be either in separate buildings or shall be separated, if in the ,ame buildinc, by a IOUDdproof wall. The sanitation facilitiea for malea and females shall be cliatinctly marked to denote the NX for which they are intmded. -20- . , • . • • • 0 f ~"' ., I -• • • <. 25. Water and sanitary sewer service and plumbing regulations . a. Water supply. (1) An acceuible, safe, and potable supply of water, with a residual in-me of not lea than twenty (20) PSI at each mobile home site under normal operating conditions, shall be provided in each mobile home park. Where a public supply of water is available, connection shall be made thereto and its supply ahall be Wied excluaively except a private water supply may be Wied for irrigation purpoaea. (2) The development of an independent water supply to serve the park ahall be made only after express approval has been granted by the City and plans and specifications for the water ayat.em have bMll approved by the City and State Department of Health. b. Public sewer system connection required. Parks shall be connected to the public sewer system, and such connection shall be approved by the City. All sewage disposal apparatus, including appurtenances thereto, ahall be provided, maintained and operated ao u not to create a nuiaance or health hazard. The usage of the sewer ahall conform to all City ordinances. c. Plumbing regulatiom. All plumbing in the mobile home park ahall comply with State and City of Enclewood Plumbing Codes and Regulations. 26. Electrical requirements. a. Services. ( 1) Electrical Mnic:N in mobile home pub ahall comply with the~ oftbe National Electrical Code, the Electrical Code of the State of Colorado, and the Municipal Code of the City ofEqlewood. (2) Electrical diatribution aystema in mobile home parka ahall be installed underp'Ound. Such inatallation ahall be in conformance with the National Electrical Code. (3) Mobile home spaces ahall be provided with an approved raintigbt power oudet panel with pedeatal containing one hundred (100) amp. main diac:onnec:t, one UOV 20A GFI receptacle, and one receptacle rated at fifty (50) amps. protected by a fifty (50) amp. circuit breaker. Each ped•tal shall be imtalled within eipt.Nn inches (18") of the mobile home. The pedNtal ahall be permanendy imtalled on a poured conc:rete peat or approv9d metal frame eeeured in concrete Mt thirty incbN (30") below ,rade. Bottom of pedNtal bouaint ahall ba.e a minimum beipt of eiptem inchu (18") above ....-. -21- . ' • . • • 0 -• • • ·, (. ------~-----· (4) Lighting shall be in accordance with subsection 0,21, Lighting. b. Branch circuits. Extension corda shall terminate in a panel inside the mobile home . Said panel shall be supplied by an approved cord fifty (50) amp. 4-wire single phase. '1:1 . Fuel storage and connections. a. Mobile homes uaing liquefied petroleum gas for cooking and heating units are subject to inspection for compliance with the State of Colorado law in liquefied petroleum gasses. Theae units may be converted to uae natural gas. For the aafety of occupants, it shall be the responsibility of the park owner or operator to ensure that no natural gaa units in a mobile home are connected or uaed until such gas units are inspected and approved by a gaa utility company supplying the service. All rules and regulations of the Gu Utility Company aa filed with the Public Utilities Commission shall be adhered to prior to gu service being provided. b. All piping from outside fuel atora,e tanb or cylinders to heating units in mobile homes shall conform to applicable state law and applicable Englewood City ordinances. All fuel storage tanks or cylinders shall be securely fastened in place and shall not be located inside or beneath the mobile home. c. Oil atora,e shall conform to applicable state law and applicable City of Englewood ordinances. 28. Refuse diapoul. The at.Grap, collectiOD and diapoul of refuae in the mobile home park shall be ao manapd u not to create health bazarda, rodent harborap, inNc:t-breedinr anu, accident bazarda, or air pollaticm. All refuae shall be atond in fly-tipt, water-tight, rodent- proof containen, which shall be pnmded in aufticient number and capacity to accommodate all refuae from the park. Satiafactory container racb or holders shall be provided at permanent locations, convenient to the mobile home spacee, in areas appropriately acreened from view, and shall comply with all health replationa. Methods of storage, collectiOD and diapoul are subject to approval of the Neighborhood Services Division. 29. Additions to mobile homes. a . No additiOD8 shall be built ODto or become a part of any mobile home except: (1) Skirtinc of mobile homN u let forth in subaection 0,14. (2) Cabanu, patioa or parcbN . (3) An attached prap will ba permittN if it d-not damap the int.pity aftbe mobile a-.. -22- . ' .. • • 0 I - • • .,, - • • b . A building permit shall be required for any addition permitted in subsections a(2) or a(3) above . 30. Storage space required . a . Each mobile home space shall be provided with not less than one hundred (100) cubic feet of storage space. Such storage space may be provided within individual units located on each mobile home space or in a central building no more than one hundred feet (100') from the mobile home apace for which the storage is provided. All such storage units and buildings shall be of weather resistant materials and one-hour fire resistant construction. b . No storage shall be permitted underneath any mobile home. 31 . Parking of mobile homes . a. No mobile home shall be parked or permitted to stand upon any public street, highway, road, alley or other such right-of-way for more than twenty-four (24) hours unleu a special permit is obtained from the Department of Safety Services of the City. b. No mobile home ahall be maintained upon any private or public property in the City when the same is wied for living purpoees unleu the property is registered as a mobile home park. No mobile home shall be stored within any required front, side or rear yard as specified by the Comprehensive Zoning Ordinance. c. Where an existing individual mobile home is parked on a private lot and occupied u a dwelling on the effective date of this Section, it ahall be regiatered with the NeiplNl"hu• Be.vi-9iuieillll CITY within ninety (90) days after the effective date of this ~SECTION. 32 . Building permit required. a . b . No peraon ahall commence the development of land for a mobile home park, or alter, inatall or remove any structural improvement in any mobile home park without first securing a buildin1 permit from the Division of Building and Safety authorising such alteration., inatallation or removal. An application for a permit autborizin, any structural inatallation, alteration or removal within an e~ park or for the development of land for a mobile home park ahall aet forth the followint information, inaofar u the aame is applicable and ia known or can be ~ by the applicant throuch the eurc:iae of due clilipace. Tbe application for a permit to deYelop land for a mobile home park ahall be accompanied by the approved l>eY9iopment Plan. -23- • • 0 l . I -• • ·, • (1) A survey by a registered land surveyor showing the location , boundaries, dimensions and area of the proposed mobile home park. (2) The number, location and size of all mobile home spaces. (3) Names and right-of-way and roadway widths of adjacent streets . (4) Zoning and land use of surrounding property. (5) Propoaed routes of access to and egress from the mobile home park. (6) The location and width of roadways and walkways, recreational areas, and off-street parking areas within the park. (7) The location of service buildings and any other proposed structure, and the location, dimensions and plan for development of the required recreation area. (8) The location, size and type of water and sewer lines, traps, vents and risers for water and sewer. (9) Plans and specifications of all buildings and other improvements constructed or to be conatructed within the mobile home park. {10) Such other information as may reasonably be required. c. The permit shall be valid only for the plan submitted with the application and shall not be transferable to any penon other than the permittee, nor to any other lot, tract, or pan:el ofland within the corporate limits of the City of Englewood. d . The permit shall expire six (6) months after the date of iasuance if construction bu not begun and is not diligently punued. e . All buildinp and utilities to be conatructed, altered or repaired in a park ,hall comply with all applicable codes and engineering specifications of the City of Englewood and State of Colorado, and all applicable permits shall be obtained. 33 . Certificate, of occupancy . a . b . It Bhall be unlawful to permit any person to occupy, maintain or operate a mobile home park within the corporate limits of the City of En,lewood unleas and until a valid certificate of occupancy bu been obtained. Ill n-·--.... _, peril •••Ii.tu• ..... ea..iue ...... r thta 9r•iHBH, ae NO certificate of occupancy shall be iNued unleas and until all of the roadwaya are conatruc:ted within the -24- .. I· • 0 I - ] • • t• •, • park and not less than fifty percent (50%) of the park has been completed and is in compliance with the terms of this Orlii11-ee TITLE . 34 . Existing parks; certificate of occupancy. a . Wt~ tihirt, (39) aay11 after tihe etfedi, e aaie ef ihis Or.till-ee sr ,,..iim ~ (39) aay11 aAer -e•Mi1111 ill tihe Gi~ eflilngle .. 111141 a11Me1111ea• ie the efleeti, e tlMe ef t:hia Ortlie811:ee, the THE owner or operator of each existing mobile home park shall be mailed forms on which to apply to the Division of Building and Safety for a certificate of occupancy. Application shall be, in writing, and shall contain such information as the division may require to determine wherein the park does not conform to all requirements of this Orliin-ee TITLE. b. The Di nsien ef B11ilmr -a Safe~ CHIEF BUILDING OFFICIAL shall issue a certificate of occupancy to the owner or operator of legally existing parks. The certificate shall list the requirements of tihie Or•-ee THE ENGLEWOOD MUNICIPAL CODE with which the park does not conform . Nonconformance with health and safety requirements~ Orai111111ee shall be listed separately from nonconformance with other requirements. c . It shall be unlawful to permit any person to occupy any mobile home in any mobile home park within the corporate limits of the City of Englewood until all facilities therefor have been inspected and approved by the Division of Building and Safety and a permit to occupy the unit has been issued. 35 . Existing parks; alteration, extensions. No existinf park which does not meet the requirements of this Section shall be remodeled, rec:omtructed, redeveloped, altered, extended or reduced in 1ize, u:cept in a IIUIDller which incre-the degree of compliance with this Seetion . 36. Compliance with regulations. The person to whom a mobile home park occupancy permit is issued shall at all times operate the park in compliance with this Seetion and regulations iuued hereunder, and shall provide adequate supervilion to maintain the park, its facilities and equipment in good repair and in a clean and unitary condition at all times . 37 . Annual in1pectiona required . a . The Neighllerheea SePl'ieea 9i riaiea CITY ii hereby authorized and directed to inlpect each mobile home park located within the City of Englewood annually in order to determine the de,ree of compliance or noncompliance with the term• of this Section and to enforce compliance with the provi1iOD1 of this Section . Tbe inlpector shall have the power to enter at a reaMDable time, upon reuonable notice, any private or public property far the purpme of inlpectina and investiptinf conditiOD1 related to the enforcement of this Seetion or any regulation which may be -25- • " • • 0 , I • • - promulgated hereunder. The inspector shall make such additional inspections as may be necessary to assure compliance with ttu Section . b It shall be unlawful for any person to refuse the inspector access to a mobile home park for the purposes of inspection. Sectjgn 2 . The City Council of the City of Englewood, Colorado hereby amends Title 16 , Chapter 4 , Section 14, entitled I-2 General Industrial District, of the Englewood Municipal Code 1985, to read as follows : 16-4-14: 1-2 GENERAL INDUSTRW. D18'11l1CT: The I-2 Industrial District is composed of certain general industrial areas of the City plus certain open areas where similar industrial development appears likely to occur. The I-2 General Industrial District should be located near major roadways, truck routes, and railways to provide adequate facilities for importation and exportation of goods to and from the District and to le88en traffic congestion on neighborhood streets caused by industrial transportation. The regulations of this District are designed to stabilize and protect the essential characteristics of the District; and, because of the more intense nature of the development within this District, it is not intended that it abut upon, adjoin or be adjacent to a residential zone district. The development consists of general industrial uses, plus certain uses providing services to the area, and regulations are established to govern the external effects of uses in the District. A. General Regulations. The provisions found in this Zone District shall be subject to the requirements and standards found in Chapter ~ 5, "General Regulations", of this Title, unless otherwise provided for in this 9rllinllftee SECTION or an amendment hereto. B. Permitted Principal Uses. No land shall be used or occupied and no structure shall be designed, erected, altered, used or occupied except for one or more of the following uses: 1. Any use permitted in the I-1 Industrial Zone District except mobile home parks and other residential uaes which shall be prohibited. Each permitted use from the I-1 Zone District must also comply with all the restrictions and requirements set forth in the section establishing or allowing the permitted use unless specifically modified by this Section . 2 . Manufacturing, proceBBing and/or fabrication . The manufacturing, processing and/or fabrication of any commodity, except the basic manufacture and proceuing of animal by-products or any organic type fertilizer, and any metal shredding or auto shredding operation, or similar use . 3 . 4 . Sale at wholesale or storage. The sale at wholesale, the warehousing and/or storage of any commodity. Sale at retail. The sale at retail of the following : a . Any commodity manufactured, proceaaed or fabricated or warehoused on the premises. -26- "' - .. • • • 0 ' ]- • • • • b. Equipment, supplies and materials {except commercial explosives) designed for uae in agriculture, mining, industry, business, transportation, building and other construction. 5. Repair, rental and servicing. The repair, rental and servicing of any commodity. 6. Commercial incinerator. 7. Natural production uses. The excavation of sand, clay, gravel, or other natural mineral deposits or the quarrying of any kind of rock formation, except top soil; the land shall be reclaimed for uses permitted within the Zone District. 8. Sewage disposal plant. 9. Recycling operations, including but not limited to the processing of batteries, construction waste, food waste, glass, metals and/or alloys, papers, plastics and tires which complies with condition a, as listed below . Buy back centers that do not proce88 recycled materials and store their materials within an enclosed structure or a roll-off container, semi-trailer, or similarly self-contained apparatus shall be exempt from this subtlection 89: a. The manufacturing and storage of all materials shall occur within an encloeed structure. The storage of materials may occur outside of the structure providing said storage is in a roll-off container, semi- trailer or similarly self-contained apparatus. For operations not conducted within an enclosed structure, see subtlection 13 of this Section. 10. Automobile wrecking or junk yard. Any automobile wrecking or junk yard approved under the provisiona of thi8 9rd" nee TITLE shall have a minimum area of one and one-half (1 1/1) acres, and shall comply with the provisions of Chapter 10, Title 5 or the Englewood Municipal Code, as amended, and any other applicable coclea or ordinances. 11. Any similar lawful use, which, in the opinion or the PLANNING AND WNING Commisaion is not objectionable to nearby property by reason of odor, duat, smoke, fumes, gas, beat, pare , radiation or vibration, or is not hazardoua to the health and property or the IIUJTOUllding area through danger or tire or exploeion . C . Prohibited Uses: 1. No sales or service activity shall be allowed from any temporary structure or vehicle when a buildins permit application bu not been 1ubmitted for a permanent buildin, or structure to replace the temporary 1tructure. 2 . The heicht of materials or equipmalt beinf stored lha1l not exceed the heipt or the 1CN1enm,, fence or wall . -27- --...-a. <(la, • ' • . • • . - ' '"'·, f " .. I -• • • \, D. Maximum Gross Floor Area In Structures: The sum total of the gross floor area in all structures on a lot, excluding the gross floor area of off-street parking garages, shall be not greater than two (2) times the area of the lot on which the structures are located. E. Minimum Setbacks: Where an 1-2 building site abuts upon, adjoins or is adjacent to a residential zone district, a setback of fifty feet (50') is required. F . Minimum Private Off-Street Parking: (See Chapter 5 of this Title, General Regulations .) G . Minimum Private Off-Street Loading: (See Chapter 5 of this Title, General Regulations .) H. Accessory Buildings And Permitted Accessory Uses: Any accessory building or use incidental only to a permitted principal use, which accessory building or use complies with all of the following conditions: 1. It is clearly incidental and customary to and commonly associated with the operation of the permitted principal use. 2. Is operated and maintained under the same ownership or by lessees or concessionaires thereof and on the same lot as the permitted principal use. 3 . Does not include struc:turee or struc:tural features inconsistent with the permitted principal use. 4. Does not include residential occupancy except by caretakers or watchmen . 5. If operated partially or entirely in detached structures, such detached structures shall be limited to a crou floor uea of not more than ten percent (10'*>) of the area of the lot CJD which the permitted principal use is located. 6. If operated partially or entirely within the structure containing the permitted principal use, the grou floor area within such structure utilized by acceuory uaN (ucept praps, loadinc doc:b and company dining rooms) shall be not ,ruter than ten percent (10'*>) of the gross floor area of the structure containing the permitted principal use. I. Conditional Uses : Provided the public intereat is fully protec:t.ed and the following use is approved by the Commission: 1. Dump. (See Chapter l&-5 of this Title, General Regulations.) 2 . Amusement establiabmenta including, but not limited to, billiard halls, bowling alleys, coin-operated pmes, dance halls, elec:tronic or video gamee, nicbt clube, outdoor commercial rec:rutiooal Cac:ilities, pool halls, or anting rinka . 3 . Reeyclinc operatiCJDa, indudina, but not limited, to the proceuin, of batteries, c:onatruction wute, glua, metals and/or alloys, paper, -28- . ' .. • • 0 , I J- • • • '· plastics, and tires shall meet the conditions in subsection 13a through e of this Section, as listed below. Food waste, automobile wrecking yards and junk yards as cited in subsection 16-4-13.Jla of this Chapter are excluded. Buyback centers that do not procesa recycled materials and store their materials within an enclosed structure or a roll-off container, semi-trailer, or similarly self-contained apparatus shall be exempt from this subsec:tion 13 : a . Any recycled material manufacturing opened after the effective date of this subsec:tion 13 shall be located on one or more contiguous parcel(s) which total area shall not be less than one acre. b . The manufacturing and storage of all processed and unproceSBed materials shall be enclosed with a solid, nontransparent vertical wall or fence with a maximum height of eight feet (8') on the parcel(s) frontage and twelve feet (12') on the parcel(s) side and back boundaries. Fences of woven plastic, wire or chainlink shall be prohibited. c. The stockpiling of all processed and unprocessed materials shall not exceed the height of the wall or fence. d . No more than seventy-five percent (75%) of the parcel(s) total size may be utilized for the storage of processed or unprocessed materials. e . All recycled material manufacturing businesses operating under a conditional uae provision llhall be subject to yearly administrative compliance review of the adopted conditions. 4 . Temporary employment busineuM as defined by and which are required to be licenaed under Title 5 of this Code, llhall comply with the following requirement. in addition to the provisiOllS of 16-5-21 E.M.C. : a. Shall be located no doaer than one thouaand feet (1 ,000') from any residential zone district. b . Shall be located no closer than one thousand feet (1,000') from any establiahment selling alcohol by the package or drink. c . Shall be located no closer than one thousand feet (1,000') from any public gathering facility. d . With respect to the diatancing requirement. in this subsection between a busineBB premiaes for which a temporary employment service ii proposed and another uae, the diatance ahall be measured by following a straipt line from the nearest point of the property line of the business premiaes of the propoeed temporary employment service to the nearest point of a reaidentially zoned district or the property line of the specific use liated. -29- -~-~ .. ,,' . , .. .. •· • 0 ', ... L. r ~-• -• • • '· 5. HAZARDOUS WASTE, INCLUDING BUT NOT LIMITED TO THE STORAGE, PROCESSING, COLLECTION, OR WAREHOUSING OF HAZARDOUS WASTE SHALL MEET ALL OF THE CONDITIONS AS LISTED BELOW. A. HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL APPLICABLE STATE AND FEDERAL REQUIREMENTS NECESSARY FOR THE OPERATION OF A HAZARDOUS WASTE FACILITY. 8 . HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL APPLICABLE CITY REGULATIONS. C . PROCESSING OF HAZARDOUS WASTE SHALL BE CONDUCTED ENTIRELY WITHIN AN ENCLOSED STRUCTURE . STORAGE OF HAZARDOUS WASTE SHALL BE CONTAINED ENTIRELY WITHIN AN ENCLOSED STRUCTURE OR WITHIN AN APPROVED ABOVE-GROUND STORAGE TANK. D . HAZARDOUS WASTE OPERATIONS SHALL BE LOCATED A MINIMUM OF FIVE HUNDRED FEET (500') FROM THE BOUNDARY LINE OF ANY RESIDENTIAL ZONE DISTRICT OR RESIDENTIAL USE. E . HAZARDOUS WASTE OPERATIONS SHALL CONFORM TO ALL CONDfflONS OF SUBSECTION J: LIMITATIONS OF EXTERNAL EFFECTS OF USES. J . Limitations On External Effects Of Uaes: Every use establillhed or placed into operation after the effective date oftbia 9,4· ee SECTION shall comply forthwith with the following limitatiOD1: All uaes establillhed and in operation on the effective date of tbia 8rt· ee SECTION llhall be made to comply with the following limitation1: 1. Volume Of Sound Generated: Every use lhall be 80 operated that the volume of aound inherently and recurrently generated does not exceed seventy-five (75) decibels at any point of any boundary line of the lot upon which the use ii located . 2. Vibration Generated: Every use lhall be 80 operated that the ground vibration inherently and recurrently generated i1 not perceptible without iDltrumentl at any point of any boundary line of the lot on which the use ii located . 3. Emission Of Heat, Glare, Radiation, Dust And Fumea: Every use shall be ao operated that it does not emit a dangerous degree of heat, glare, radiation, dust or fumea beyond any boundary line of the lot on which the use i1 located. 4 . Outdoor Storage And Wute Dilpoul: -30- .... ., •· • 0 . . ; , "'t I , I • • • a . No materials or wastes shall be deposited upon a lot in such form or manner that they may be transferred off the lot by natural causes or forces. b. All materials or wastes which might cause fumes or dust or which constitute a fire hazard or which may be edible by or otherwise be attractive to rodents or insects shall be stored outdoors only in closed containers. c. Liquefied petroleum gas installations shall conform to current Fire Code requirements. d . Explosives shall be stored, used and maintained in accordance with current Fire Code requirements . K. Screening: In an effort to lessen the incompatibility between a residential district and an industrial district where those districts abut, acljoin or are acljacent, one to the other, it is deemed necesaary that the owner of the use in the industrial zone take certain measures to protect those persons in the residential district. Penollll in the residential district shall be protected from the poasible adverse effects of the noiee and lights from cars, the passage of materials or wastes from parking lots, loading areas and storage yards and to discourage juveniles from tre1passing in hazardous areas where the storage of equipment and supplies may create an attractive nuisance. One of the following provi1iollll ahall be applied: 1. Setback/Screening In Addition To The Land1caping Requirements : There 1hall be no 1-than a ten foot ( 10') setback from the property line where it abuta, IMijoina or ia Mljacent to a residential district. The aetback area lhall be landraped with lawn, ir-, and lhruba of both a deciduoua and everpeen variety. Such landacaping plan ,hall be filed with the buildin, permit application. 2 . Fencea : Aa an alternative to aubaec:tion Kl oftbia Section, the portion of the property which abuts upon, adjoins or ia acljacent to the residential zone district shall be enclosed by a decorative, cloaed-face or aolid concrete, block, wood or brick fence not Iese than six feet (6') high, which fence need not be set back from the property line. 3 . Restrictions: No building or portion thereof ahall qualify u a wall , screen, or fence under thf! provisions of tbia Section. An exception to tbia provision lhall be made u necesaary at an intenection or at an entrance to an alley or driveway in order not to obstruct the view of a motorist; tbia can be done by reducing the height of the fence or wall or the plantinp for such distance and to such extent as required by the Code Enforcement Divi1ion . L. Landacaping: Landacaping ahall be in accordance with Seeti• H t 18 el thi1 Title. -31- . ' ·- - •· • 0 , -• 0 • Section 3. The Englewood City Council hereby amends Title 16, Chapter 8, Section 1, of the Englewood Municipal Code , 1985 with the addition of the following definitions, in alphabetical, order to the definitions as follows : 16-8-1 : DEFINITIONS: AUTOMOBILE SHREDDING: AUTOMOBILE WRECKING AND DISMANTLING: HAZARDOUS WASTE : HAZARDOUS WASTE OPERATION : INCLUDES BUT IS NOT LIMITED TO THE SHREDDING, CRUSHING, BALING, COMPACTING OR SIMILAR PROCESS THAT REDUCES MOTOR VEHICLES, TRAILERS, OR PARTS THEREOF TO THEIR CONSTITUENT PARTS OR TO A FORM SUITABLE FOR FURTHER PROCESSING. The dismantling or wrecking of motor vehicles, trailers, or parts thereof. AUTOMOBILE WRECKING; DISMANTLING SHALL INCLUDE AUTO PARTING, SALVAGE, RECYCLING AND SIMILAR OPERATIONS . AUTOMOBILE WRECKING; DISMANTLING SHALL NOT INCLUDE AUTOMOBILE SHREDDING, CRUSHING, BALING OR COMPACTING . ANY SOLID, LIQUID, OR CONTAINERIZED GASEOUS MATERIAL THAT IS NO LONGER USED OR THAT NO LONGER SERVES THE PURPOSE FOR WHICH IT WAS PRODUCED, AND HAS ONE OR MORE OF THE FOLLOWING PROPERTIES: IGNITABLE (COMBUSTIBLE OR FLAMMABLE), CORROSIVE, REACTIVE (EXPLOSIVE), OR TOXIC AND REQUIRES SPECIAL HANDLING TO AVOID ILLNESS OR INJURY TO PERSONS OR DAMAGE TO PROPERTY OR ENVIRONMENT. ANY FACILITY THAT COLLECTS , STORES OR PROCESSES HAZARDOUS WASTE MATERIAL AS ITS PRINCIPLE USE . $ectjon 4. Safety CJauaea The City Council , hereby finds, determines, and declares that this Ordinance is promulgated under the ,eneral police power of the City of Englewood, that it is promulgated for the health, aaf'ety , and welfare of the public, and that this Ordinance i1 nec-ry for the preN"ation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation to the proper legis lative object sought to be obtained . -32- ' . .. •· I • 0 ') - - • • C• • ' (, ... Section 5. Seyerability 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. Ses;tion 6 Incon1i1teot Ordinancea Nothing herein contained shall be deemed a waiver of the provisions of any other Code section or regulation applicable to fences . If there is a conflict between the regulations in this Section and any other Code section or regulations, the more stringent regulations shall apply. $ection 7. Effect of nmeal or modification The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actiOll8, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Ses;tion 8. &nalu. The Penalty Provision ofE.M.C . Section 1-4-1 shall apply to each and every violation of this Ordinance. $ection 9. Emtinc Uw. Any use in emtence prior to the effective date of this Ordinance, which is not otherwise addressed by conditional use limitations, which does not conform to the limitations established by this Ordinance, aball be nonconforming. A nonconforming use, allowed punuant to this Section, may remain at its location as a legal nonconforming 1114! subject to the terminatiOD requirements of nonconforming UNI as described in this Title. Became it ii a purpose of this Ordinance to eliminate nonconforming UNI, a nonconforming uae shall not resume if it has been dilcontinued for a continuous period of at least one hundred and -eighty days or would terminate as provided for in the general nonconforming use provisions of this Title. Introduced, read in full, and passed on 6nt reading OD the 6th day of April, 1998 . Published as a Bill for an Ordinance on the 10th day of April, 1998. Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk -33- "' -. . .. ' .. • • 0 f ......... I ]- - • ,.. • • . . I, Loucriahia A. Ellill, 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 paued on fint reading DD the 6th day of April, 1998. Loucrishia A. Ellis -34- ' . .. • ,__ - . , • 0 I ] - • ORDINANCE NO . _ SE~OF1998 • 0 • BY AUTHORITY t• COUNCIL BILL NO . 15 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL SUBGRANTEE AGREEMENT FOR THE 1998 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONBBS AND THE CITY OF ENGLEWOOD . WHEREAS, the City Council approved the eJlec:ution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County by pasaage of Ordinance No. 39, Series of 1994 covering the City's participation in the Arapahoe County C .D .B .G. Entitlement Program as enended by Amendment No . l, for funding years 1998 through 2000; and WHEREAS, the project by the City of Englewood known as the "Housing Rehabilitation Project" baa been categorized as a rehabili~ tion activity and the City of Englewood will maintain documentation with the National Objective of Housing Benefit activities; and WHEREAS, the project by the City of Englewood known as the "Broadway Corridor Improvements Project" baa been categorized as a special activity for community- based development organizations activity; and WHEREAS, the project by the City of Englewood known as the "Englewood Family Self Sufficiency Program• baa been categorized as a public service activity; and WHEREAS, the City of Englewood may proceed to incur cDllt8 for these projects as of May 1, 1998 unless such acceptance is made contingent under Section 11-F ., Labor Standards, or Section 11-G., Environmental Reviews, as contained in the Subgrantee Agreement, and subject to the City of Englewood receiving an official "Notice to Proceed" from Arapahoe County; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The Subgrantee Agreement for the 1998 Arapahoe County Community Development Block Grant Program is attached hereto as Exhibit A. Section 2 . The Subgrantee Agreement for the 1998 Arapahoe County Community Development Block Grant Program is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to execute and the City Clerk to attest and seal the Agreements for and on behalf of the City of Englewood . -1- " - • -' 11 bi .. •· • 0 I -• • • Sec;tiqp 3. The City Manager shall be authoriwl to further ext.end the Subgrantee Acr-ent For the 1998 Arapahoe County Community Development Bloclt Grant ProKram u needed. Introduced, read in full, and paaed on fint reading on the 16th day of March, 1998. Publiahed u a Bill for an Ordinance on the 20th day of March. 1998. Read by title and paaaed on ftnal rudmc on the 6th day of April, 1998. Publiahed by title u Ordinance No. _, Series at 1998, on the 10th day of April, 1998. Thomu J . Buma, Mayor ATTEST : Loucriabia A. Ellis, City Clerk I, Louc:riabia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance paaed on ftnal reading and published by title u Ordinance No. _, Series of 1998. -2- . ' • . ., .. • • 0 l •. . j l(J ~: ~,~ tfr~ Jt'~ ~ ilf'~ U i : ti t. i ~ I ~ f lU 1 I U I ! if n l. _QI! !_! If 11~; ,l"· - ! I ~ •. _.. HR f ~ [~i H ~ ·1~.11; .!lj[t u ~ ~ ~ !Jt n•. 1 I ,;.! ht '-~~ hf[ ~o h . lrrl fl ir t ii! 1f t 11 1! tH 1 1 :tr.. 11~,r ii at ,,.. t. 1 111 rl El h 1§ ; i tf! If ft f:. l'i iJr; 5 a 11 t'! ,•1 1 ~[f ti; ~,ii ~ I ir 1 • 11f ii.• F~ 11 ,, ,I Iii IJ! r:Ji > -i-a-uc~ • • ~ • 0 • • r ,. &-.I I I .... ~ ' ... ', . ' ' ' ~ I • ,. - 0 ,~ • '· B. Tlmliiae All Praject amvilies will be • ¥ NII ..... by Apri 38, 1'99 uaiea dis Agaeemem is modmeri by mulUli ..... «die Caumy aad SubGraae. C. !lf'lall'l&alillll-m• er-- Prajectfiladiaa will •II 4wh tbe fblowiag: SvbGrMee will dlamlD ai tW..U: one ... &miiy Imme widia die Cay af'EDptwaad da ii 1DO baly daai.aaed ID beDl&t laa die Cay's B'alliag RfiwfliirMie11 JllqpllL Cuma.a:liaa ii 1D be • 4 I 1 ia a::axdmce will iDdusay sraaduds aad my locally 1Pi i Ihle building codes aad ..... D,; ... 1. 2.. 3. 4. Eadl SubGrlllllle Dmwdawn Request will include pn,sress . repcx1S fbr the pciod fir wbicb paymlllt is .. n,quesred. Quaruriy pn,ject n=pol1S will be due widin 30 days fbllowiag the mi of mcb ....- (Mln:tl 31, June 30, Sqm.be. 30, De ente 31) uaal the Project is a11qdeed Project O n,ieri hi llepart is due 45 days a!er' CXMlijMDQl'I of the Project. Audit lllpans 111d Fiamciaf SIM! IMPS The cdcial aaai adt am/oc Pmmcial Se I II mrtbe SubGtaae ia wilidl bodl mmm and op fians fir 1m CDBG Prcjam dal:liled ._ 119 dailed ar9 due mmily, DIX 1-r dim June 30 a( a::h yar. L Lallerk 1 •<Da•b P : ) ltill . Ida: ,. l'&lliwkm_ .... ..._ A a ~ ...,iawma review amt be CC111a)«ad by Anpaboe County alt prior ID die SutoGrMee -if .• lmds ID .. idvidual baUlins - A. r.11a1c , r , 2 ...... •. .. I· • 0 , l . . ) ~ 111; p !flli~" !ff!i: 1fl?lll!ff!llfJ1 11~ ... -•· . i iji .. t11· I i1, - I l ~ ;~ { 1 . f J 1· 'f 1 n I Ra---· n "'iii -.... w 11J1! 1~1IJ:i J~li} ! fJ .,11 fr] I ·f wl! 11 ,-a·111·A.rg 'd h1 · ·1R· ;A, ,ii · iJ,'tu .i~~r:u· l f p I J ~ fj' f , l 1-, 1. ~ ~ i ~ 1· a 1 Q ~ t ~ f ·j Aai'I I'" ·,r:j · · 2s · 1 'i ~ I .t f1 t ( l a· ff .. · J a-J i ~, n ~ · f 11 P. i rlJ llfi 1i t"!tl !11~!1P,f11:;1~1'1.i,J, l f Ra f ~ 'I · a· f. l If 'I l f l ~ l ~ l f l f . • , ~ . \ 0 • r I . . . ~ ~ . 11. I .. ~ 0 f!: ~ ;r11r p ij~l!f:J[fJ 11~ ~ lfl 1 ~•1 r ~ ~ tli'' 1 tt11~r11.,t11 I !11 fit J!tl f!; 11~11 lli11l(J~11ili~ '.: tl! · l I I l ff I I SIi i ~ I ' I ( · I f .I II I ! I 1: • i f I B 1 If 11 : I J f A, l st J f :· . --.. I fr ; 11 1 · r st , }" 11 . fa-g ffl' f I r !! · iJ I!~ 1tur ~filiH .htJ , H! 'I J ts ieH .fu,,.. I •·slil I .If tt of; i(l! : el !ilth1 ~ : 1-,I ~ t 1 I tlr sr s 11 t ij . 1 • I •. r' 1 Ht ~ , g· ~ t . 11 ii I! 1f;! tit~f11~ 111 1t1 • , . • '• • ______....._ . r I . . . ,. ~ ' , ~ . ~ ' . . • • ~ ~ ~ r ~ • F • II. lflf F• If ~F.A~~~F~ If !! Jlf iJ{ !fff ff f f!fJ ff I. fJ(fJII Ji' _ ii llt fit l!i~ I! f l1'fi II II ll 1 ilfl f ii 1~~ ,ii fl;:!; !:~" ; !! '1111 I.-·~ ll 11[i ft 1'''' ·, !'1 i ~ p·-( : l11,! I 1lat · I ( ft I ·!l I( jjf. ? J!(( I Ji I f t .a I t J '1 SI s a rt I s f I .! '" 1 ,. ' . I a r ' a: r § I ·' ... ..1·1 . •t11 •• I • ti !1 • II, •• l · § · IML ,........ .,, • • 0 • r I ,• I . . . ... . , '; 'Ir. I ' l . . /J ~s-~ r ffllf.ll~ ~ff~~,~,,,~~ !hf I 1iH~tf J JU I !hUf r ~ ~ i !l!if II • -Ill -, • ~ ~ '" •· [J th ti . l ' ~"' ' l l' Ji . f ·"t I 11Jf jlflr1lf 1! f~n f~ff~1 i1!; i:.!1 ~ e ttJ.,I' ft! ig!,fl ~1 lf.f 1U 1!· :fl hlf 1 I, i ta-; 11(1 11,111! 'ii lt11'il 1111 t!11 ff fw ltAiw II. .SI 1r! J " ff H • ~ • 0 • r I O . • ' . " ~ . '\ I .... ~ ) I 0 ~ if~ 9 ~x~ ~ lt p t~ ~ JJtft ~ ~I ft f 'I ( ft r ~~ ~ ~, f 1. If I i i · 11 t! i ,pi' r n { ,f.Mh I if l --r .. -Ulet _l Ai --hi l~ r ' f j I 11.! i[ t:1if. !! ii ii!i! i 1 ~. t t' 'i( ,I lfgr• , ~ JI , 1111 l~ 1! ~iffl I 1: ·.'. f 1 :p lJ I if Hf , ~ !1 I Jl,I ~ l ~,, I , ~• ' I•; i i i,f, ' f ~! I ~;l1 ~ • ,,~, ; • , . • ,..." • r I . . . ~ "' I , ~ ., l, • • ) :-! ~ 11'111~ ~ f!~ ~ ~ 1(: 11~ 1-1 I I R & I i ! I f ~ r-I f l f 1 ' " ·'IJ j tr · • i t · l ·l.f 6 t 'l111ll1 rl S (:~ ~t:til [tit!Bt I t'~!~' B ,~ • m -9·--U -o B -• • "'--r . · 11 i A. ~ f i • ~ ~ 1· 1 ,~ ;. ;. : ~ l l" j =·f J· I i l t' ~ . ti f.-!!ls-!.. ~,a.h gl_g ~r .. Ill 1 tt ~!i ip jiHU jJJl;~.i I h j ~ I' lfs-X" Bi ... .a alf'l .. a-nU .... l.,11 l 11: .. J ' I ., f I -l ,. q· s· p ! I j ~ a I·. JI "'j' ti j I f 11 :n 11 . r 'J1 11 1 , .. J " Air f : n· l ~-I : H J JI ~ ~ : u If IIBfls ff II~. ,I 51,lfA..IB ir .fB • , ~ . ;,. I) • r I O . • ' ' --; I )- - • • ,. • C. • . ' - Tia Caaay's ..,_.isuaJ al eh . . ".• I !z . ID 111a SllbGa pllllllllS 1D I 414,r A ............. 111dlap •-~-1 • • • a1111cs w y1DIIIIIIIICDIIGtadl _....1Ddla!mbGJ a1111...-.aM . kc\ . I ,..._jab it•••---• ........... tadlll wida CDBGIIIIIFitl ID __ ._, cmiply widl,, I ti W lallls ala I I a c. ..... BIJD '1111 Callll&y ..a la 11111 It Ir + I & 1111 I 7 'I Pnljal:t widl 4iil kl• F'ldllll ...... ad .. +,iw '1111& C.., ....... la HQ 15 Ir ..... . --"'J&lpllltl•li• ; ...... .., ........ "' bl ........... &..,, ...... ' •, . . , •, .. • • 0 r --I • -• • <. __________ ... 5ubitw:: __ ___!Qy~~sfBfllalmlllll,tL---- By: ______________ _ 'l'ldc. ______________ _ BalldafCamaJC FIG Anplbae Camay, Cakndo 10 ----· . . -ai·•··· dlia -.., al .. . ,. • . • • 0 I --I. -• • I~ . -' EXHIBI:T A COMMDHITY DEVEI.OP!f.DJT BLCC!t GaAllT PROGRAM COIITJtACT CLAUSES SSPa _o c work 24 C.F.R. 5 570.503(b)(l) Shoul.d be clear, qwuu:J.!.iad, with per!c:manc:• c:itar.i.A built i.n. PerfoCIIUICe 1:0 .Lm:.lada accrmplisbaent of the ~. -thcd of accmpl.ishaant, t:imi nq, ail.utan•• and pm:s~ usigned. '?han should be • ,re:y spec::.!.ic budget, o:qazu.zed by task as wall u l..iDa itam. ceo;;;;as:; Adainis;;:ation 24 C.!'.R. 5 85.J&(b)(ll) P:oceduras raga:di.ng &l.l cont:ac:tual and admin.ist:ati.v. .issues . Th.i..s aast im:.lada pz:oc:edu:as' fer c:hanqinq the scope, spec:i.!i.cati.ona, bud,;at, or 01:!lar prov.isi.ona. 1lhm:a OIIB C.i..-cu.lar A-llO appli .. , •-At:ac.!mant 0, Par. J.c. (9). Dnifoi;a Administration 24 c.r.a. s 570.502 Compliance wit!l the ~ts of 24 C.F.R. Part 8S, somati.mes refar:ad 1:0 u the ·Commcn llul.a. • Applicable to grantees and suhrec:ipients th&t ·a:a ~ta.l anti.ti.as. Sll.brac.ipi.ents that ara net~ ent.it.ias llllSt caapl.y with speci.f.iad Attac.!mants to OIIB C!.---cul.a.r A-110. CPR P;:lJu;i;les 24 C.!'.R. 5 570.502 Compl.ianca with the pro,ri.s.ions of OIIB C.ircular A-87 or A-122, as applicable. centlist of +nt1ra1t 24 C.!'.R. 5 570 .611 Ho employee, atilcar or &CJ911t of tu sabg:antee shall participate iA sel.actian, or ill tu ava:d or admiais1::atioll of • contract it a con.f~ of interest, real or~. would be involT9d. See ai.o 24 C.!'.R. S 85.36(b)(3) or OIIB C.i.rcular A-llO, Aetachaant o, Par. J.a., u app~l.e. RaegrdlsaaPins %4 C.!'.R. S 570.503(b)(2) Describe .rac:ords that aus1: be aa.inuinad, incllldi.Dq e.l.igibil.ity, national object.i.,..., f.in&nci.a.l, equal opportunity, ate. SN ai.o 24 C.!' .R. 5 570. 506. "' - • ' .. •· • 0 ' I ]- - • • • Repg;:;ina R,srui,;aments 24 C.F.R. S S70.S03(b)(2) Oesc=ib• all reporting requireaants aacusa.ry ta ftrify acccmpl.ishmaiu: 1:awa:d ... d.aq the PJ:Dject scape ud 1:0 dmacnst.-au ccapl.i.anca wi:h o1:har ~ts. See &laa · 24 C.F . .R. S 8S.36(i.) (7) or 011B ~ A-110, A:tacbwent 11, as app.l.icaDle. Patantl and Cogy;:iahts 24 C.F . .R. S 8S.36(i)(8) '(9) Include any applicable p:avisirms nqarding rights 1:0 ~ · patentad i.av9nuau and capyri.qh'Ced -teru.l ruultinq &a. the CDBG conuact. Whera OIIB circul.ar A-llO applies, s- Attachaant O, Par. 4.h. Assa,, tc Bwso;ds 24 C.F.R. S 8S.36(i)(l0). Access by city/county, c:aapt.-aller Gaaeral., ~ af mm and their repruentati.,,.., to Ull' ~ :al.atinq 1:0 tJla project. Wha:a OIIB Ci:cuJ.ar A-ll.O appll-, •- Attachment O, Par. 4. i.. Batantion of Race™ 24 C.F.R. S 8S.36(i)(l1) All records ralatJ.Dg 1:0 t!1e project IIWlt be ratai.Dad ~ y.ars a.ft•= project aud.it/close out. Where O!!B Circul&r A-l.lO applies, ... Attactment c. prgqram Inc;RM 24 C.F • .R. S S70.S03(b(3) Oesc:ipti.on of all guidance cm the cll.sposi~n ud ue af program income . See al.so 24 C.!'.R. 55 570.!00(&) ad . 570.504 --B«D;;aiqn ot Assets 24 C.F.R. S !70.SOJ(b)(I) IElasb of cont-....,et 24 C.F.R. S 8S.36(i)(l) Administ:c•ti.-v.e, con~ ud laqal naadi. .. in J.utwa of breach · of ·cont..-act, incladinq saacuons and penal~. Where OIIB c.!..-cular A-110 appU.., ... Al:tac!mant O, Par. 4.&. Tlm1natiqn 24. C.F • .R. S 8!.36(i)(2) For all cont:acu in excus of $10,000, deac:iptian af bow and under what ci.rcwtancu & con=act -Y ba t•rwiaacad. for causa and for conveni.enc•, includinq t.he basis for settl-nt. When OIIB Ci.%cuJ.Ar A-110 applies, ... Attachment O, Par. 4.b. • . •· • 0 , -• 0 I• - 24 C.F.R. S 570.502 Compliance witil 0MB c.L..-cular A-US (St.a.a and. lccal gcveQJ1118nU} or A-l33 ( Ncnprofi.z:s and hiqheJ: edw:ati.an instieuc.i.cns} . s-ai.sc 24 C • .!' .R. P~ 44 &Dd 24 c.r.a. s 85.26. Labbvina 24 C.F.R. P~ 87 No CDBG funds IIIAY be expended fer lobbying purposes and paymenu L.-om ocilar scurcu fer lobbying must be di.sclaaad.. Bllkaious Organizations 24 C.F.R. S 570.S0J(b)(5) L.imi~c.ions and cond.itJ.cns on t.ha u.ae of CDBG fUDIU by ral.i.qious· organi:at.icns. s .. ~c 24 C.l'.ll. S S70.200(j). Ra1idanh Alians 24 C.F.B.. S S70.6l3 Newly leqa.l.ized ruidant aliens are n::,t eligible tc apply for CDBG funded dL.-.c:t benafits such u sm:v.icu, jobs and baus ing rah.abil.i ta ti.an. Pni&o;a Relocation Assistance and BwAl Prgper;v Acquisition J9licias Ac; ,unifo;;p Ac;J 24 C.F.R. S 570.506 Raqu.irllments fer raa.l property acqu.isiticn prcc:adures and benefiu and aerv.icas that anyone d.i.aplaced must :ac:aive. Bonding and rnsuranca 24 C.l'.R. S 8S.J6(h) Include wit.~ ccnst..-uct.ion cant..-acta vith est.ia&tad coat of $100, 00 er mcra. ~ bid ;uarantees (51 of tlla bi.cl), perlcmnc• bend ( 1001 of tha cont:act pr.ice) and p&JW~ bend (1001 oft.ha cont:act price). 1lllaz:e OIIB Ci:clll&r A-llO appl.ias, ... .&:-acbeent 8 and Att•chwent O, •ar. 4.c. Tdbszr Standards 24 c.r.a. s S70.60J In all const..-uction contracts a,rer $2,000 ( ..:apt for housing rehabil.itat.i.on of pmpart.i.u cant-a in i nq l•H tbaD. 8 . dwelling uni.a) , D&vu-Bacon Act and nl.&ted lAbor S1:aDda:da requi1 snts:.apply. 11•• cw::ut va,.. ra1:as appllcable ta the pro j ec-: and l!lJD-40 lO vhich incladas all raqu.irad references. s .. &lac 24 c.r.a. 5 85.l6(i)(4), (S) and(&) or 0MB Ci--cula.r A-llO Att•cbweat O, Pa:s. 4.e., f., and g., u appl.ical:lla. Qlbar;ltd Cootrac;ors 24 C.F.B.. S 570.509 Prohibits use of deJ:lar.red, •upended or inel.i.qible cont:ac~crs or •ubrecipients in any cont:act. ' •. .. I· • 0 ' • • I • • 24 C.F.R. S 8S.36(i)(l2) For a.ll con~-acts and subc:on~-ac-..s ovu $lOO;ooo, i _nclnde compli&nc• vi.th s1:&Ddards, ordars &ad ~ca iaaaad. under Sactj.Qn 306 of the Clun Air Ac":, Sec1:J,on 508 a~ 1:lla Clun W&tar..lct, bacu:i.v. OJ:dar l.1738 and~ Prouctian ~ :91J1U&1:ians a1: 40 c . .r .a. Pllft 15. 1IJlm:a 011B CircuJ.ar A-l.lO appliH, ·-A::achwea1: o, Par. 4.j. Plocd Insurance 24 C.F.R. 5 570.60S For acquisition rahabil.ita1:j.on, or c:ou=m:t.ion iA spec:IIJ flood hazard u. .. (u dat•mi ned by l"EIIA), propa.cy IIIUlt have flood insuranc•. Inergy lffiSilDSY 24 C.F.R. 85.J6(i)(l3) Coapl.iuc• with mandatory energy •f!icieacy stalldm::da and. policies in Seate eaar;y c:anse:T&d.Olr plan issued iA caapilaac• vi.th the ZDar;y Polley &ad cauarvatiml kt (hb. L. 94-163). s .. al.so 24 C.F.R. Par-J!. ~ is aa equivalen1: provision in 0KB C!.--cul.a: A-l.lO. Lead-Based Paint 24 C.F.R. 5 570.608 Prohibits usa of lead-based pai:11: i:1 nsidant.ial st::m:1:1Z:as .• Raquiras no~.ication of occupanu. Providas for . .iDspec:1:ion, testing and abataman1: i:1 specif.ied circwatancas. Mbff:t:91 EPA/OSD ,:1,t1a YX of tho Ci.yil Rights Ast gf 1964 24 C.F.ll. S 570.601{&) Ccapl..ianca vi.th P .r.. 88-352. Appllu ta all projects. Prohibits d.iscriaination on groWlds of :ace, color or aailonal origin. COV9rS both tha dallftl:Y of, ud die participation in, all CDBG praj'ac-..a. s.. ai.o 24 c.~ .Jl. Part l. rw Rpu1ina 24 c . .r.a. s s10.,01(b) . Coapli&nca with Tha Fa.ir Bcusinc; Act. Prohi.biu d.i.sc:iaination on tha basis of race, color, nlj,qion, sez, national origin, band.i.cap or b•O io•l au=as iA all ac:tl:rities imralYincr Che salad ranul or fiAancimJ of hausinq. Public 1.,g(J-284 Ind E •. l.~ ... •· • 0 I - - • • • • '· Riscri.mina;;on P;:oh.ibitian 24 C.F.R. S Si0.602 Oadar provision cf sec;ign 109 gt t;ht A As; of 1974, as ... ndeci, di.sc:::iJl.inAUOll i.s ~itad an the bui.s of .:aca, color, re.l.iqion, nat:ionel o:.iqi.n a: sax. A1.sc nfm:s to di.sc:im.i.n&ci.on on tbe bas.is of ben•Ucap . and aqa. QJ,ac;;:imioac;cn on th1 lllis Rf llapd.is;ap 24 C.F.R. Par: 8 Ccmpl.i.Anc• with Sec. S04 ~1:S. cavers pz:ah.il)i.tad. di.sc::i.m.in.at.i.on in aplaywt, baaeilts and p:oqrm. -i· Eatahl.ish-~ts fo: applyinq Oni.fo::m !'adm:al Accessibil.i.cy St:anduda (UP.AS) ( ... 24 C.F .ll. Par= 40 to: OF.AS) ta contracts. llcta that OF.IS and •AKS:::: Standa:da· d.Ufe: in J.aporeant :apecu. 24 C.F .R. Par: 146 CovU's p:oh.ihited d.isc:ia:LAat.ion by nc.ip.iants and aub:ec.i.p.ienta in all. aspac:u of uaiatad p:ogrma . Ai,as;i.miffation in PIPlA!WIDt 24 C.F.R. 5 Si0.607(&) Far ccnat:uct.i.on ccnt:acts OV9J: $10. 000. p:ohibi.ta ~sc:i.m.in.at.i.an in ap.loymant by wale• aq Epc;;;t;.;D O;dtr 1124§ and related provisions applicable. "91PYNnt, Train,inq ID4 CPDt;;:asMina Qppg;:tuniti11 24 C.F~R. S S70.607(b) Onder provisions of 5ec:tigp, 3 g( tha IAMiAF and PratD P.Y.lopmant act of 1'§8, z:aquil:a oppoz:tmu.t.iu fa: t:ai.D.i.zMJ and maplaymant of l.olM:-1.ncnee paw Uld oppa:=mit.1.M far cont.:ac~ with lac:al f~. Appllea = al..l cmLt:ac:ts. lllpqrin IYI inWII lnlilE2Pnll 24 C.!'.a . S 8!.36(•) Cov.rs raquind ac:ti.ou by nc.ipiat end c:cuc.:ac-..m:s = •ecu:e parti.c.ipat:ion of li=a CNMd end coa.~-alled by a.inarities, ~ and :as.idants of l&bar au..-;ilua &:MS. Where 0MB Ci.rcular A-llO appU.., ... At1:aelmant 0, Par. 3.c. (3) . CCllpiled by: Off.ice a f Cammuni ty P l.Ann.ing and Developmant laqion VIII (Denvar) June 1991 ' ' • . .. • • 0 • . ' ]-'. f" • . • • - UHl"1'B PIIOaC'I' .IIJDG&I COUJNlf& COUJIIII• cm:mmc UlUJM!fD .. ,-, .-.......... Call., call .... ........ ~ ....,_ ..... ...... .. .,.... .. I ,I --.. ... _..,..al TCffAJ.; --.. - • • • 0 r --I - • • • • '· • ADDDIDIJII NUMBD ONE TO TB'.E 1"' COMIIIJlffl"Ymva..ona:NT BLOCK GbNT BROADWAY COIIRIDOllDmlOVDIDl'l'S smlGIL\N'1"IZ AGRJD«Drl' 'l1lil ADDENDtlM NtJMBEll ONE madilill 1tle AaiplilDe Caamy C ,q Des I , •• Blade Gaw Sub('---·-(""Air......, by ---Anpabae Camay ('"Caamy'") -tba Cly of p ' cod ("'Subplaej. WBBEAS, 1flD Apa.ma (m SCliaa DIR). ,..... ma if my 5ubwW project mYOMII CWlll&iCIUi ll:IMia, dim lbeCwaa:mr..._by1tlelU3 .. pravide..tllllilwaiD ie ill da ..... •ilnb dlmia; - WBEIEAS. purw ID Secaaa m. 11.6, ma Se4w dllins ma Iba Quay .,,. a panim of Iba ee •• ,9qlli.m afSecliaamH al• al NOW, 'IBEREFORE, rr IS AOREED by1tle0uay al 1be Subjaw. iJlawl: 1. the 5ubww sbll ..,_ iD llillad C+G C1C ID provide ..t llllillllia ..... il4liilJ ..t property imnace in Ill 111XUS IIDt Im dim $100,000 by die Cwaacl&.r ..t ID provide ..t mainain •nomobele lililiily ienace ad wium's aan,_ w· n iaaaa reqand by Cakndo law. Pioof of such imurmce shall be pnMded ID die Subj.aw. 2. the Subjpw and 1be Camay ra1irm dla pmviliam afSecliaa Illl' .. WWWIWII a:i•INlmia" 111· llllil1-1 111d ·a Jts;; "fic:ari ., WIWII paiawalU. ~w J. All adw proYisiaas af die Aar-IIDt iPM I PP 4 widl mis ,A+. tf!pp Numbar 0De 119 11116....d. __________ _, 1991. Qgyg(fpj5ml By:. _____________ _ 11dac, _____________ _ • .. • • 0 1 __ . I ]- ORDINANCE NO . _ SERIES OF 1998 • • -' BY AUTHORITY I~ COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING AND AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTAL "SUBGRANTEE AGREEMENT FOR 1996 ARAPAHOE COUNTY REAPPROPRIATED COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS" PERTAINING TO THE DISABLED ACCESS PROJECT BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD . WHEREAS, the primary objective of Title I of the Housing and Community Development Act of 1974, as amended, and of the Community Development Block Grant (CDBG) Program under this Title is the development of viable urban communities, by providing decent hous ing, a suitable living environment and expanding economic opportunities, principally for low and moderate income persons; and WHEREAS, the 1997 Federal Community Block Grant Program provides grants to both client and area benefit activities promoting decent housing and safe, accessible neighborhoods; and WHEREAS, the City is eligible for area benefit activities which are intended to benefit primarily low and moderate income areas; and WHEREAS, Arapahoe County announced special funding availability of Reprogrammed Community Development Block Grant Funda for a one-time "bricks and mortar" project to be completed within 1998; and WHEREAS , the project by the City of Englewood known u ·Diaal,led Acceu Project" has been categorized as a removal of architectural barriers activity; and WHEREAS , the City will utilize funding to c:onatruct curb cuts in the North Englewood area in order to increase pedestrian safety and acceuibility; and WHEREAS, the project's boundaries are rou,bly bound by Amhent Avenue to the north, Dartmouth Avenue to the South, Fox Stnet to the west and Acoma Stnet on the east; and WHEREAS , the total amount paid by the County to the City under thia Agreement shall not exceed $27 ,780 ; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT : Section 1. The "Subgrantee A,reement for 1996 Arapahoe County Reappropriated Community Development Block Grant Funda" pertainiq to the Diaabled .Acceu Project is a ttached hereto as Exhibit A. -1- ,- • 11 b ii • • • • • .. $ecl;jon 2. The "Subgrantee Agreement for 1996 Arapahoe County Reappropriated Community Development Block Grant Funda" pertaining to the Disabled Access Project is hereby accepted and approved by the Englewood City Council and the Mayor is authorized to esecute and the City Clerk to attest and seal the Agreements for and on behalf of the City of Englewood . Sec;tim 3. The City Manager aball be autborized to further extend the "Subcrant.ee Agreement for 1996 Arapahoe County Reappropriated Community Developmmit Block Grant Funds" pertaining to the Diaabled Acceu Project as needed. Introduced, read in full, and paaed OD tint reading OD the 16th day of March, 1998. Publiabed as a Bill for an Ordinance OD the 20th day ofMan:h, 1998. Read by title and paued on final reading on the 6th day of April, 1998. Publiabed by title as Ordinance No . _, Series of 1998, on the 10th day of April, 1998. Thomas J . Burna, Mayor ATTEST : Loucriahia A. Ellil, City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Enpewood, Colorado, hereby certify that the above and farepia( ia a true copy of the Orcli..-puaed OD flnal readiq and publiabed by title u OrdiDaDce No. _, 9-iel of 1998. Loucriabia A. Ellil -2- • . .. • • 0 '-I • • I I iii~: ir~ 1~~ Jt'~ ~ iif'~ ,. l·li : i1 Bl I ~ I~, tit •1Jl I tJ ~t Ii. 1 ·11 I h i I O 11t II I J !IU>l . -~ ~ A. ft It l I· I . . I, q' . i 8 l. 1.8 t ~ tt '1 f ,J,a: . _..tli'l ~ r~a I~ II f j~ = s(I If( I fJ · 1 ·-i Ui ' a ld 'I; alJ1 iitr ca ~ R•lt .. ~. l I 11'111.l ... 1._fj' I II, 13~ r1--~ 1· I ~Iii ii a111 11r1 ~ ' 1 ; M I • 1 r 111 ~ , r f ~ H! ! 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If !rt' ·- r I O . • ~ I ,. r.h,.1 lij i I 1, 1 lia~~ ff P'laa.r •1 J ,. J'l~,, g~ r,wla ,~,1~~ 9-• f J > ~ 8 f J 8 ff ~ ~ ~~.. ~ .. f 51..I B ! J " I , .. ~ • 0 • ]- • t- • r ..,....pnijlalat.w widl CCIIG ---• ---, GIIIIPl, wida 1iii R th W _,. ..... Me C. .. , ..... BIJD n. ea.,•• .q Z+-tr • · a 11a .r at• MG rs Praject willl ,:;St4+i1Wllll._.ad •• +t·w n.c--,wa..._be ... Nstr ... •• ---, ftlJICIIII • iN4 • • _._ widl BCD ad adllr NJ4 9 I I lWIIII ....-iD a timlllJ .... t ' . • .. • • 0 f __ I • . , -. ' • • __________ _, 1991. Cigygff h " a,: ______________ _ ti* :nva,,, J, IWPI, 11wr '• A'f'rZST: :r.ouc:rishi& A. illis, City C1uk a..a ~ecuayc, -n AlapllloeCcu&y, Cokndo • • • • 0 10 ----f __ . I • 0 •, • .. EXHIBIT A CODDNITY DEVELOPHDIT BLCClt GDBT PROGRAM Seppa .9 f work 24 C.F.a. S 570.SOJ(b)(l) Should be clear, quantifiad, vi.th perfo:nn•nc• c::itari.a bl&.il.t i.n. Perfo:nnanc• to .u:u:luda accaapJ f•beent of the~. -thad of accoapluhaant, tiauMJ, ailastaw and s,.nanditJ usi.gneci. 'rher9 shoul.d be a -raxy speci.f.i.c budget, organized by tu.le as well as l.ina i~. cen;;;as; Adainis;ratian 24 C.F.a. S 85.36(b)(ll) P:ocadw:ws regardaq al.l contrac::ua.l ud. adminf•t:at.i,re .issues . Th.is must i.Dcluda ;mx:adu:u.• far ch.anqinq tlle scope, specU.icati.o ... , !Jud9at, or atller previsions. 1lbara 0MB C.i-""Cular A-llO appllu, •-At-acbment O, Par. 3.c. (9). JJDitRrm Administration 24 C.F.R. S 570.502 Ccmpl.ianc• with the requil:aants of 24 C.F.R. Part 85, -~t.iae-ref~ to .. the •c.._.,.. Rule. • Appllcabl• to grant ... and subrac.ipi.ents that ua ~tal mt.iti.as. Subrecipienta that are not~ anti.ti.•• msat ca.ply vi.th speci.fi.ed Attachaants to OIIB ~ A-llO. c;;pm; PriQsipl11 24 C.P.a. S 570.502 Ccmpl.ianc• with the pro,,isi.ons of OIIB ~""CUl&r A-87 or A-122, as applicable. C!ont1ic:t of Intaa,t 24 C.F.a. S 570.&ll Ho employee, offi.c:er or qant of tba nbcJ:antee s.11&11 part.icipata in ••lectJ.on, or iA tJle ...m or adaiJliatratian of a contract if a conflict of inta:aat, real. or appm:ant, would be involved. See also 24 C.!'.I.. S 85.l6(b)(3) or OIIB Circular A-llO, Attachaent O, Par. 3. a. , u appllcable. BISPrdlcMPins 74 C.F.I.. S 570.503(b)(2) Descri.be records that aust be 11&.intai.Dad, iDcludi.JuJ ellq.ibili ey, national object.i...a, fi.Danci&l, equal opportuni.ey, etc. s-also 24 c.r.a. s 570.506. •. •· • 0 , • 0 • BeP9rtina Bagui;wants 24 C.P.R. S 570.503(b)(2) Desc::ibe al..l raportj.nq raqui...-...nu nacusary ta varify accompl.ishmenc =ward maec.i.nq tha p:ojact scope and ta damcns1:race compl.i.anca wi.th other ~ts. Sea aiao 24 C.P.R. S B5.36(i)(7) or OIIB Ci.rcul.ar A-110, Artacbwent a, as a.pplLcable. P1t1nta ID4 Copy;:iahts 24 C.P.a. S B5.36(i) (B) r. (9) Include any applicable p:coYisiom ~ ri.qhcs ta . paeencad inveneiana and copyri.qhcad •tar.i&l ruulilmJ f:aa the CDBG conc:act. Where OIIB ci.--cular A-llO appllu, •- ACtaclmenc a, Par. 4.h. kSIII to Racgrdf 24 C.F.a. S 8S.J6(i)(l0) .Access by city/county, caapt:oller c.-ral., Sec::atary of BDD and their npraaantatives, ta any racm:ds z:al&t.inq co t!la project. Where OIIB Ci:l:cular A-llO appliu, •- Attachment a, Par. 4.i. ftat•ntion of Recordf 24 C.F.a. S B5.36(i)(ll) All racords nlati.Dq co the ~jact mat be :etainad ~ years ~r project aud.i.t/close out. Where OIIB Ci:cular A-110 applies, •-A2:taclmaa.t c. Prgqrp IncPM 24 C.P.a. S 570.SOl(b(J) Desc:riptj.an of all gaid•nc:a cm Cha diapasit.i.on Uld. aae of pZ'OClX-incc:ae. See aiao 24 C.P.R. SS 570.500(&) and 570.504 IJeYWrliPP g( AIIWtl 24 C.F.a. S 570.!0l(b)(I) lntsb gf COPli-?St 24 C.F.R. S 8!.36(i)(l) J:cbe1nismtive, contractual and lecJ&l r••di.•• in instaD&:• of bnech ·of contract, iDcludiziq suctiou and peaalti.a. Where OIIB C.ircular A-110 appll.es, •-Attacbamlt a, Par. 4.a. Twra101tion 24. C.F.a. S 85.36(1)(2) For a.ll contracts in excess of Sl0,000, dasc:ription of bow and under what circumstances• contraet .. y be teJ"8in•~ for cause and for col1V9nienc•, iDcludi.Dq tm baau far settl-nt. Where OD Circ:u.lar A-110 applies, •- Attachment a, Par. 4.b. ,- •. 0 •· • 0 -• 0 - 24 C.F.R. 5 570.502 Compl.ianca with 0MB Circular A-128 {Sta.ta and lcc&l gcve.rnmana J or A-133 { Nonprof.its and higher educaci.cn inst.i.t:ut.icns). s-a.1.sc 24 c.F.R. Part 44 and 24 C.F.R. 5 85.26. I.qbbvi.na 24 C.F.R. P~ 87 No CDBG funds may be expend.ad fer lobbying pure,cses and payments fJ:Qlll cciler scurces for lobbying must be di.sc.laaad. B1lisiou1 Oraanizations 24 C.F.R. 5 570.503{b)(6) Liaita.t.i.ons and conditions an the ue of CDBG funds by religious arqani.:aci.cu. See also 24 C.P.R. 5 S70.200(j). Bl•idant A.Liens 24 C.P.R. 5 570.613 Newly legal.i:ed resident al.i.ens are nat el..i.qi.ble tc apply for CDBG funded di.ract beaaf.its such u services, jabs and hcus inq rehabilitation. Qnifo;;a Relocation Assistance llJd Real propar;y kiqp,isition Policies Act <Qnifo:gg Act) 24 C.F.R. 5 570.606 ~nts for real ~ acqaiai.ti.on procedw:M &ad benef.i.t.s and servi.cu that anyone di.splAced mast :acai.va. 19o41 pg yd Insurance 24 C.P.R. S 85.36(h) Include . .,ith cou~n contracts with -tia&tad coat of Sl00,00 or acre. Raqlli.z:aa bid parantaes (SI of the lu.d), perfcDMUIC• bond { 1001 of the cont:act price) and payaant bond { 1001 of the cont:ac:t price). llbera OIIB CirculAr A-llO applies, s .. Attactwent a and Attachment a, Par. 4.c. Laber Standards 24 C.P.R. S 570.603 In a.1.l const..-uction cont:acts OTer $2, 000 { except for housing rehabilltaci.cn of p:operti.u cont&.in.i.nq lass 1:haD. 8 . dwelling un.i.ta), Davi.a-Bacon Act ud related l&bcr standa:da raqu~nt&.apply. u-c:ac:mit ~ rates appllc:al)le ta the project and BUD-4010 which includes all required rafarances. S.. also 24 C.P.R. S 85.l6{i)(4), {S) and (6) or 0MB Circular A-110 Attacbaeat O, Pars • 4 . •. , f. , and CJ. , as appl.i.cable. Albarrad contractors 24 C.F.R. S 570.609 Prohi.bit.s wie of debarred, supendad or i.nel.i.gi.bl• contractors or subrec:ipienta in any contract. •. ... •· • 0 , • • • Environmental 24 C.F.R. S BS.36(i)(l2) For all conuacu and subc:ontracu ov.r $100; 000, inc:lw:ia compl.iance with standards, orclars and ~u iaaaacl under Sect.ion 306 of the Cl.ean Air Act, Sec:t.i.on 508 o~ die Cl.ean Water kt, Exacut.iv. Order ll738 and env.i.rcmamltal. Protect.ion AqenCy requat.iona at 40 C.F.R. Part is. 1lba:a ~ C.i..rcular A-llO applies, ... Attachment O, Par. 4.j. Pl994 Insuraoc:1 24 C.E.a. S S70.60S For acquuit.ion rehab.il.itat.ion, or c:aua:uct.ion iA apeca.l flood bazard uea. ( u dater:mj aed by PD&) , property awit ba99 flood in.nraDCe. 24 C.P.R. 8S.36(i)(l3) Coapl.ianc• with aaad&tory enerv efficiency staadarda and policies in State -z:w conaenatiml.plul iaauad ill caapl.ianc• vi.th the EDar;y Polley ad' Canaervat.ion kt (P=. L. 94-163). s .. ai.o 24 c.:r.R. Part 39. There is DO equ.ivalent provision J.n 0KB Ci.rcul&r A-110. r.ad-aasad Paint 24 c.:r.a. s s10.6oa Proh.i.bits us• of lead-based paint in ruidant.ial. st:w:1:m:u. Reqw.ras nctificat.ion of occupanu. P:covidas far. J.nspacti.on, testing and abataaent in apec;ifJ.ed circ:mutanc•• . · t,1,t.,11 YI of the Ciyil ftiqhts A£t ot uu 24 C.P.R. S S70.601(a) ca.pl.iance vi.th P.L. 88-352. Applles ta all prajec:ta. Proh.i.biu discrilll.ination on ;rounda of race, color ar national orig.ill. Covers both tbe dali'fUY of, and tba p&rt.icipation ill, all CDBG projects. Sae aJ.so 24 C.!'.ll. Part l. Pak Rpu1ina 24 c.:r.a. s 570.&0l(b) . Compliance with '!'ha Fair Bausinq Act. Prob.il:lita ~cr.iainat.ion on the buis of race, color, nllg.ion, aex, n&ti.onal origin, ti.ncil.cap or h•i J jaJ status in all &C'Civiti9S ~lving the SaJ.aA J:eDt&l Or financi.JMJ Of housing. Public 1aw90-284 and [.u. u~ ,,. - •· • 0 f . - J- • • "' - • t• • <' RLsc;wna;;on Prohibition 24 C.F.R. S 570.602 Onder provision of Section 109 gt tjla IICp Act qt 1974, - aaanded, di.scrilunatian i.s PJ=Ohibitad on t.ba baai.s of race, color, r9li.qion, n.atioD&l ori.qi.n or sex. Al.ao :afar.I 1:0 discrimina:c.ian on Cha baau at . b•ncUcap and &cJa· Pi1srwn1;ion an tht IAlis of llapd.icap 24 C.l'.R. Pare 8 Compliance vi.ch sec. 504 ~ts. cann prnbibitecl. discrilllinatian in aaplofwt, baaatits and pi!OiliZW· htaaluhe9 ~ta for 411Pl7iml Ull.i.faza hdaal Acc-si.bil.icy St:411darda (urAS) c ... 24 C.!'.a. •~ 40 tar OP.IS) co cont:acta. llo1:a tut 1D'.U 4nd ·.usI Stendarde· d.iffer in ~t reapacta. lee R11s;H1ioetiPP 24 C.F.R. Pare 14& Ca,,ers prohib.itad diacriaiDatian by ra:ipiants 411d subrec:i.piants in all aapecu of -si.stad prcKJXW. Pi.fcr:taiDAtion in IWR19!111Dt 24 C.F.R. S 570.607(&) For const:uction cont..-acts aver $10,000, prohibits discrilllination in aaplayaant by aakinq JpeytiD Qrder 1124§ and :elated pravu.iou appl.icable. IPRlA'!Wlnt, T+:l:1n#ns end Cqptractinq Oppprtppitip 24 C.F~R. 5 570.&07(b) uadar pz:oyu.ians of &est1en 3 gf the IPMinq tad Drben Pr9l9PfflD1i act gf 11§8, nqaJ.na opparl:1UU.t.iea tar trainfJMJ and -.playaant of lw-iDccaa panoaa 4Dd oppa.cuJ .. t:J.es for contracti.Dq vi.ch local ti.ms. Appl.i-,:a all CGA=-:ta. 11.inpritv Bu1ine11 1Ptarari1a 24 c.F.a. s as.J&(e) Covers raquil:ed actiam by ncipient ud con=actan ta secure participation of ti.ms Olfllad 4Dd cant:al.lad by Iii.Dari.ti••, woaen and residents of labor au:plu ~. Where ONB Circul.&r A-110 appU-, SN Att&c:llaallt O, Par. 3 . C • ( 3 ) . ca.piled by: Off.ice of Comaunicy Planning and Development RacJion VIII (Denver) Juna 1991 • • 0 • . . -•, • • • • - UBIIITB cm.DNRA OIUNI• cm.DMNC COUJMND . .. I -. ....,_.._., Call ... ---~ ........... ..... .. .. a. .... ---... %2'.--=- 'l'Ol'AL! ... ~ .. • • • 0 # I ORDINANCE NO . _ SERIE.5 OF 1998 ·, • • • (, BY AUTHORITY COUNCIL BILL NO . 17 INTRODUCED BY COUNCIL MEMBER NABHOLZ AN ORDINANCE AUTHORIZING THE PURCHASE OF THE GOTHIC THEATER PROPERTY BY THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the City Council of the City of Englewood direc:ted the City staff t.o purchase the Gothic Theater property; and WHEREAS, the City of Englewood bid of $154,881 .48 at the Arapahoe County Trustee's sale; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sec;tjgn 1. The City Council of the City of Englewood, Colorado hereby authorizes the purchase of the Gothic Theater property for $154,881 .48 . Section 2. The Mayor is hereby authorized t.o sign all future title documents on behalf of the City of Englewood , Colorado . Introduced, read in full, and passed on first reading on the 16th day of March, 1998. Published as a Bill for an Ordinance on the 20th day of March, 1998. Read by title and passed on final reading on the 6th day of April, 1998. Published by title as Ordinance No . _, Series of 1998, on the 10th day of April, 1998. Tbomu J . Burna, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoinc ia a true copy of the Ordinance paued on final reading and published by title u Ordinance No . _, Seriet of 1998. Loucriabia A. Eliia -1- . ' 11 b iii .. V • • 0 r ~,.. I - • • ORDINANCE NO . _ SERIES OF 1998 • 0 • BY AUTHORITY Am.LJOll : , . COIJNCIL BIIL NO. 11 ::=1,,~Y-- Ml 08DIHANCB ASSIGNING AND TRAN81'BUING TO THE CITY AND COUNTY OF DENVER, COLORADO, THE 1999 CITY OF ENGLEWOOD, OOLOllADO AU.OCATION PllOII TBB STATB CBILING POR PRIVATE ACTIVITY BONDS TO FINANCE RESIDENTIAL HOUSING FACILITIES FOR LOW-AND IIIDDLB-INCOIIB PBBSONB AND PANDJBS WlTIIIN TBB CITY AND CERTAIN OTHER CITIES AND COUNTIES IN THE STATE OF OOLOMDO; AtffllOB.JZING THE DBLBGATION TO THE C1TY AND COUNTY OF DENVER, COLORADO OF THE AUTHORITY OF THE CITY OF DIOI.SWOOD, COLOllADO WITH BBSPBCT TO THE ISSUANCE OF SINGLE FAMILY HOME MORTGAGE REVENUE BONDS (THE "BONDS·) TO FINANCE 8111DDft'IAL ROUSING PACILlTIBS POR LOW-AND MIDDLE-INCOME PERSONS AND FAMILIES WITHIN THE CITY OF ENGLEWOOD AND CSll'l'AIN OTIID Cl'lDS AND COUNTIBS IN TBB STATE OP COLOllADO; APPROVING SUCH BONDS AND SINGLE FAMILY MORTGAGE LOAN PIIOOBAII; AND AUTIIOB.JZING TBB DBCUTION AND DELIVDY OF A DELEGATION AGREEMENT AND OTHER DOCUMENTS IN CONNECTION TBBUWITH. WHEREAS , the City of Englewood, Colorado (the "Cicy-), and the City and County of Denver, Colorado (the "Issuer•), are each authorized by the County and Municipality Development Revenue Bond Act, comtituting article 3 of title 29 , Colorado Revised Statutes, aa amended (the "Act"), to finance projects aa defined in the Act, including residential housing facilities for low-and middle-income persons and families; and WHEREAS, Section 29-3-104(2) of the Act provides that a county or municipality may delegate by resolution or ordinance, u the cue may be, to any other county or municipality authority to act on ita behalf in the financing of projects under the Act and that any such delegation may be pneral or limited in scope and time and may be irrevocable for the term or terma of any financing agreement or bond iuue, all u provided in such resolution or ordinance; and WHEREAS , the Issuer propoeea to iaaue •inlle family home mortgap revenue bonds pursuant to the Act (the "Bona·) to finance residential housing facilities for low -and middle-income persona and familiee within the City and other cities and counties in the State of Colorado (the "Sinlle Family Mort(age Loan Program"); and WHEREAS , the City desires to delepte to the Iauer the authority of the City to finance and otherwise take action and uerciae power under the Act on behalf of the City with respect to the Sinale Family Mortgap Loan Program within the City; and WHEREAS, it ia neceuary to evidence such deleption by the e:a:ecution and delivery by the City of a Delegation Acn,ement (the "Delegation Acn,emen~) between the City and the Issuer in aubltantially the form preaented at this meetini; • 1- ,,, - 12•1 •· • 0 I ~• J - • • • <, NOW, '111EBEFOBE, BE IT ORDAINED BYTBE crrY COUNCU. OF [Crl'YI: $ect;iop 1. In order to facilitate the origination of single family mortgage loans within the boundaries of the City of Enclewood, Colorado u part of the Single Family Mortgage Loan Program, the City of Enclewood, Colorado hereby (i) delegates to the Iuuer the authority of the City to ftnance and otherwiae take action and enrc:iae power under the Act on behalf of the City with rNp!Ct to the Single Family Mortgage Loan Program within the City and (ii) approvea, and authorizes and directs the Mayor of the City to aign and deliver and the City Clerk to attest and deliver and the Delegation Agreement in substantially the forma presented at this meeting. Copies of the propoaed Delegation Agreement is on file in the office of the City Clerk and is available for inspection by the public. $ecticm 2. The Council hereby approves the Bonda and the Single Family Mortgage Loan Program for purpoaes of Section 147(f) of the Internal Revenue Code ofdl986, as amended. Sec;ticm 3. The Mayor of the City is hereby autbori&ed and directed to execute and deliver and the City Clerk ia hereby authorized and directed to attest and deliver such other agreements and certificates and to take such other actiona as may be necessary or convenient to carry out and pve effect to the Delegation Acreement and this Ordinance, including any qreement or certificate approving the Bonda or the Single Family Mortpge Loan Prop-am for purpoaes of Section 147(f) of the Internal Revenue Code of 1986, u amended . Sec;tigp ,. Nothing contained in this Ordinance or the Delegation Agreement shall constitute a debt, indebtedneN or multiple-ftacal yur direct or indirect debt or other financial obligation of the City within the meaning of the Constitution or statutes of the State of Colorado or the home rule charter of any political IUbdiviaion thereof, nor pve rue to a pecuniary liability of the City or a charp apinat it.a pneral credit or tuing powera. Sectigp 5 . If any section, parqraph, clauae or provision of this Ordinance shall for any reuon be held to be invalid or unenforceable, the invalidity or IUUIDforceability of any such section, parqraph, clauae or provision shall not aft'ec:t any of the remaining proviaiona of this Ordinance. Introduced, read in full, and paued on ftnt readinc Oil the 6th day of April, 1998. Publiahed aa a Bill for an Ordinance on the 10th day of April, 1998. Thomu J. Burna, Mayor ATTEST : Loucriahia A. Ellia, City Clerk -2- .. • • 0 - - • • • "' . • ' (, ... I, Loucriabia A. Ellia, City Clerk of the City of Eqlewoocl, Colorado. hereby certify that the abcmt and foreguiDg ii a true copy of a Bil far an OrdiDance, introduced, read in full, and puaed OD fint readmi OD the 6th day of April, 1998. -3- ,, _ . ' • . < .. • • 0 -• ' .... • t• • ,, .. DELEGATION AGBBBMENT THIS DELEGATION AGREEMENT (thia "Delegation Agreement") is between CITY OF ENGLEWOOD, COLORADO, a home rule municipal corporation and political subdivision oft.he State of Colorado (the "City"), and the CITY AND COUNTY OF DENVER, COLORADO , a home rule city and a municipal corporation of the State of Colorado (the "Iasuer•). RECITAL& WHEREAS, the City and the Iasuer are each authorized by the County and Municipality Development Revenue Bond Act, constituting article 3 of tbia title 29, Colorado Reviaed Statutes, u amended (the "Act'), to finance projec:ta u defined in the Act, indudmg residential housing facilities for low-and middle-income penlODII and familiea ; and WHEREAS, Sec:tion 29-3-104(2) of the Act provides that a county or municipality may delegate by resolution or ordinance, u the cue may be, to any other county or municipality authority to act on itll behalf in the ftn•ncinc aI projectll under the Act and that any such delegation may be general or limited in scope and time and may be irTevocable for the term or terms of any financing agreement or bond isaue, all u provided in such resolution or ordinance; and WHEREAS, the City desires to delegate to the laluer the authority of the City al Englewood to finance and othenriae take action and eurciae power under the Act on behalf of the City of Englewood with respect to the Sincie Family Mort.pp Loan Pro,ram within the City. NOW THEREFORE, in conaideration of the mutual covenants and undertakinp set forth herein, the City and thtl Iasuer hereby agree u filllows: $oc;tim 1. Tbe City al Enclewood, Colorado benlby delegates to the Iasuer the authority aI the City to finance and otbawiae tab actioo and aa'Ciae power under the Act cm behalf of the City with reapect to the Sinc1e Family Yortpp lAaD Prop-am witbin the City. $oc;tim 2. Tbe Iuuer hereby accepta the deleptian al authority from the City punuant to Sec:tion 1 hereof and acr-to abide by each o( the tmma and coaditiou of thia De1eption Apeement in COIIIU!dicm with the UN of nch delepaoo Tbe Iuuer acrw to make available to the City no later than May 1, 1998, • partiaD altbe proceeda of the Banda fir the ori(inatiOD of home mortp,-within the City', bouadariel. IN WlTNF.SS WHEREOF, the City and the Iauer ban cauaed tbia Delaption Acr-ent to be eucuted to be e6ctift aa o( 1998. [SEALl CITY OF ENGLEWOOD ATTEST : By __________ _ Tbomu J . Bums, Mayor BY-------------~ Loucriahi• A. Ellia, City Clerk ,- ' • < ' • . ' . ~ .. • • 0 ; f --.. I • I ii"' ' i J r ~ r f • • > P-,. !'"'f ;! i ~~ -~ I i[J•if'tllt lfl'fll llilffiif 1 1 inUHtt ,~-~,_ t!;LJt. t i; ~ !J ! r lf~l!~~i~~, (iit"fit 1[rr1••f1 I li;8 ffl I' i·11t~ij(if. a~1 fJJ t~1rl~ilii ~ ~~!! r ~ a. ,,J .. i]gJJ ''I' lt I l',ril f e!0 : Ii t l•fg-lr tfJ Ii :rtr~ i ttl••11 g •~IJ' I J l"t"ffljlr,· t d;( ~ a I !if [1 1" llis I f ,, a.rr•"rJf il•i111111,•1·,~ mili 8 '•·'~I.ii ill!Jt frJ!fJ ~i i ~!8 S a. i~ ·11S' ~~-, ~[~ ~ f . 11·. . , , 'I l r 1 ii, ,~ l, 1 .r · 'I a.~ , ; , .t t ,it l1Ja.g f 5 1 r~'J ri l ~ , I r I . . ~ ' ·.... , ]- - • • --.. .... .... • . ,. • (, CITY AND COUNIY OF DENVER PININING onia D ,,_ 14&b Awauc. 4>3 Denftr, C.olondo amD4 PIIGne: C.,0,) 640-m6 Fa. (305) sn-4636 A l)IY8JN O,nta PINNNC AND DaYUOl'NDff Oll'ICZ 1'11); (305) ~ REPORT or PlJIILIC BAIIING $15,.,. aTY AND COUNTY 01' DDIVD, COLOIWJO .... ,...., ..... , ....... ..,, ,,, .... Draw.,._ Sadia lflU. A pllblic bariq wu bclcl by tbc City aDd Comly of Deaver. Coloado OD ballalf of illdf ad cenaio paniciplliaa juritdic:acw widl rapect IO 6c ilalala ol • above-. .... i.111111 bolllll (die ....... ) OD Ma.lay, Marcia 30, 1991111:00 A .M. • 200 W• 14cll Awmc. Roam 203, Deaver, Colorado I02'M. Nadce ol suda pulllic--ill .. ,._ aac:llllll baa • Euillic A w ,-11• L1 ca Maaday, Marcil 16. 1991 ID lie aoat, M 1Mf11 Nffc, a ••IJ III er of aaaal cirmlllima ia die Qy ..S Ccwy of Dlllwr, C.olcndo al iD ds pankipMi·· juritdk::dcw. No om ....... IO lpfU far Gr apiall 1111 plla of ftam:e 10 be ft...a ~ D p.oceedl of die ..... . Tbe 11111riq .. apcml a 1:00 A.M. ad we dmal • a+i*c.xiHaadJ 1:1' A.M. IN WITNESS WHEREOF, die.....-• .c llil 11..s • of Mara 30, 1991 . CITY AND COUNTY OF DENVER. COLOltADO . . •. • • 0 - ]- J THE ROCKY MOUNTAIN NEWS DENVER.CO ruausua·s AmDAVtT 0.,,-~ .. -. ffAff CW COLOIUDO, ff . .. ~~.!~.!~~ .. !'.!:~.~~ .................... -.. -.............................................. •-.. ,_ .. -.. ~.9~+.. ~~'!I.I!!. t~ ~-~~.i . .J~~!.~,.~r .. ________ .. _.._ ~-~~ =. .. .c' .:.-:.:::~-~= --·----.... ----,__ .. ....,__ _ ____ .. __ ., __ .........., .. __ .. ___ ... , ........ --=-=-----=-:.:-.. ---L .!. ..::.:ii:..---'l .,..._ _ _... _____ .. ___ .. _ ,. ____ .. _ ... , .. _ - ................... _.. ............ -.......... -----....... ~ MARCI 16, 1998 -------:i:~~-- ~~ ....... ~·····~:'! ......... . '.~~--. .. .. . .., r,a. -.--......... 12/lllJCIOJ. .... . • . . • • • --------- .:=r.n:'?--=-.. =c::=-~.:.==-==-=~-.:. ~--==---:'f· ;- . ' .. • • 0 , I - . -~. 31 ETRD I ~ Arvada Aaron Boulder Deaver Lakewood Wesaninccr • • t• • I.equal &om Scalewide Balance for llOIHllridemml cities CDCal dalar uaout m MMC Sl'-MllB Amouat Alloaced $100,000 ruo,ooo Sl,000,000 SI 1,500,000 Sl.000,000 $2.50,000 $7.500.000 Sll,600.000.00 We compleced aad submitted om applicatiaa for filnds from die Scatewide Balance on January 23, 1998 (see amched cover lcuer). Our nea acp is to defmd om applic:arioa before the Boad AJloc:3ricws Connnir:tce oa Friday, February 27. Mayor Pms 1w been asked to pracm our applicmm oa beb.l1f of die C.mcua. Oae &ctor weiped by tbe Commiaee ill makiq a clecisim is tbe level of coannurir:y support far die proposal. Therefore. tbe moqer tile mayoral aepnHP!arian • mis pnsrrerion. die mmpr our application will appear. I C1B110C emph•size aaaqlt die impoRaacc of yam mppori. The Oepenmm of Loc:al Affiin (DOI.A) IIU received leYlllreea propouls reqneftll aDocatioas from tbe Scatewidc BelaDcc &om ec:rosa Colorado. DOl.A oaly IIU $29 miDiaa aveilable mr disbursemem aad the tocai amoum requesred mis yar is ill cxau oflOO million dollars. The 6aal apada has llOl bee 11t fbr pmrrmou oa Febraery 27. However, it is likely dw om pracmarian will tab piece a die momiq belwea 9:00 e.m. 111d 12:00 p.m. Each preseataaoD is aDoued oaly 15 miaules. When I receive die &aalized apada for the 27*, I will send oui a &x widl tile pcniDem iabmeciou. ID the n • iue, plcuc reserve space on your calendar for the momma of die 27* so you caa be pracm to evidence your support for this Caucus bond iuue. f"mally, I have attached a list of dac Private Aaivily Boad Alloc:aaoas Commiacc for 1998 . This is the committee to whom we will present: Jerry Smith, Execudve Dircaor of DOIA. chairs it. Mr. Smida will make ms &aa1 dec:isioDs based in pan oa the rccommcadarioas of the committee. •. .. ., • • - Alwda Aurara loulclar low~ lriglffon S-flalcl c.nie llodt !!f'f Hills Village ,tumbine Velley Commerce C.ty c- Ed9-- E:,91- Erie Cederal Heigt,a Glenule Golden ,enwooct Village Lefayem Lellewood Liftlftlln LaneTrN Longmont • Lou,sv,He Moffl10I' Nonflgler,n ~ariler • Shenden Thornton W.flff,0"1ter Nheet ~"'CJ• I Janu:ary 23. 1998 Mr . P:n Coyle • • • Colorado Depanment ofLoal Affairs Division of Housing 1313 Sherman Suea Deaver. Colorado S0203 Dear Mr. Coyle: , . The Metro Mayors Caucus is ple:ased to submit this application for $7.500.000 of Private Activity Bond (PAB) allocation from the Swe-.";de Balance. We are requesting this allocation in order to permit our smaller jurisdictions to participate ia a mmowide single-family mortgage revenue boud prcsram The dollar amoum requested apprc:'(DD&tes the amount that our noa-enridemem populations throughout the rezjon would receive if they were considered together as one commwmy. If approved. the entire amount of allocation requested from the Stat~ide Balance will be set aside for use ia our non-enritlemem jurisdictioas. The amount received from the Smewicie Balance "ill be supplemented with approximately S 11.500. 000 of recycled bond &mds from Denver· s I 9870 multi· jurisdictional bond issue md a portion of the PAB allocations from participam1 entitlement communities within the Caucus. Because of availabilitv of daeir recycled &mds. the City and County of Denver bas qreed to issue the· bonds oa behalf of the Metro Mayors-Caucus. ID Aqus of 1997. the City ad Coumy of Deaver orchesmted a similar issaance of smaJe-family monpp revenue boads oa behalf of iue1£ l.akewood, Aurora. Thormoa. and Boulder Coumy. The Metro Mayors Caucus represems 3 I municipalities ia the Deaver rqioa. The Caucus. which meetS formally six times pe: ye:ar. serves u a forum where meuopolitm le:aden ca address a variety of loal md rqioaal issues of mmua1 concern. Over the la5l several ye:ars. Caucus member jurisdictions have wialessed a rapid . and subsunrial iacrase ia housiq prices. The rise ia housing prices bas made it difficuh for meuo are:a households of low md even middle incomes to find affordable housing. While there are obvious and immediate qu:ality of life impacts for lower and middle income househohis. the C.iucus also realizes tlw the shortage of affordable housin1 has broader. lon1-tenn economic ramifications for our region . Employers .ire concerned '"ith the av:ailabiluy of hollliq affordable 10 their emplo~ees and .is housing prices rise. it becomes more dilficuli • • • 0 , ]- - • ,. • · ... • cooperuive action around housing e1lims is evidaced by the madaed iaformadma ntprdiaa die iacrasiq pp becweea wap 111d housiag com 111d du: c:onsiaemly low 111111a aa vacaacy mes. We deeply appreciae yourtakiag the time to c:auider dais applic:atioa ud look.finwud 10 ,Presenting it bemre the Private Actiwy Boad AJJoc:ariau Comnrinee Sincerely yours, • I • IQ\1 • • 0 ,. . - • • • 0 •• - · .31 Aurora Boulder low Mar Brighton Broomfield CMUe Rock ,..., Hills Village ,1umb1ne Valley Commerce Ci!'/ E:,glewooo En• Glendale Golden Umeton LoneTrN Longmont loui1111II• Momsen Normglenn Pul<er Shendan Thomton Nheat ~,oge ETRO I I' . Jan~ry 23. 1998 Mr. P:it Coyle Color:ido Dq,artment ofLoc:il Affairs Division of Housing 13 13 Sherman Street Denver. Color:ido 80203 De:ir Mr. Coyle: The Metro Mayors Caucus is ple:ised to submit this applic:ition for Si.500.000 of Private Activity Bond (PAB) allocation from the Sc:ite\1,ide Balance. We are requesting this alloc:ition in order to permit our smaller jurisdictions to participate in a metro"'ide single-family mortgage re-.·enue bond program The dollar amount requested appro)CUDates the amount that our non~titlement populations throughout the t'e!ion would receive if they were considered toge--.her is one community. If approved. the entire amount of alloc:ition requested from the Sute-.1.ide Balance will be set aside for use in our non-e:ititlement jurisdictions. The :amount received from the Statewide Balance \1,ill be supplemented with approximately S1 U00.000 of recycled bond funds from Denver· s 19870 multi- jurisdictional bond issue :ind :a ponion of the PAB alloc::itions from participating entitlement communities "'ithin the C:aucus. Bec:iuse of availability of their recyc!ed funds. the City and County of Denver has agreed to issue the bonds on behalf of the Metro Mayors·Caucus. In August of 1997. the City and County of Denver orchestr:ited a similar issuance of single-family monpge re-,,enue bonds on behalf of itself. Lakewood, Aurora. Thornton. and Boulder County. The Metro Mayors C:aucus represents 31 munic:palities in the Denver region. The Caucus. which meetS form.ally si"< times per ye3J'. serves as :a forum where metropolit:in le:iders c:in address :a variety of loc:il :ind regional issues of mutual concern. Over the lasl sever31 ye:irs. Caucus me:nber jurisdictions have witnessed :a !'3pid.and substantial incre:ise in housing prices. The rise in housing prices has made it difficult for metro :are:i households of low and even middle incomes to find affordable housing. While there are obvious and immediate qu:ility of life impacts for lower and middle income householus. the C:aucus also re:ilizes that the shortage of affordable housing has broader. long-cerm economic r:imific:itions for our region . Employers are concernc:d with the av:ailability of housing affordable to their employees :and :as housing prices rise. it becomes more diffic:ult •. ,I • • 0 , • • 0 • to mna new businesses to our repon. R~ognizing these trends. in 1996 the Caucus com,ened a taSlt force to srudy a variety of policy options. One outcome of the usk force· s efforu was the creation of a RC3ional Housing Alliance composed of mayors. represenutives from the U.S. Department of Housing and Urban DevelopmenL city technical suff and private and non-prom emiries. Over the past year .. the Alliance has developed stntegies to overcome barriers to the creation and availability of affordable housing. At their December m~ing, the Caucus agreed to implement several specific recommendations generated by the Alliance. Among these recommendations was that the Caucus promote a single-family mongage revenue bond issue to serve the metro area. Numerous r=sons e."Cist for pursuing a cooperative metro\loide bond issue., among them are the following: l. [t is very difficult for first-time homebuyers to purchase homes. A bond issue would provide additional resources by making funds available at low interest rates ( l/2~0 or more below the market me) as well as by providing down-payme:it 3SSistance of 3~o to 4o/o of the mortgage amount. 2. A bond issue sponsored by the Metro Mayors Caucus will e:iabie the Caucus to bring affordable housing to the forefront of issues facing the metro area md cable the CauQS to present and obtain back.mg for its entire housing agenda. 3. Bec:zuse they do not meet the population ~old for a sej>lr.lte allocation. 11on- enritlement cities .,,11th.in the Caucus are not able to consiste:it!y offe:-single-family mongage revenue bonds and down payment assisunce to their reside:ns. However. if considered on a per capita basis. non-entitlement Caucus cities could be:iefit from funds available in the Swewide Balance in the amount of appro~e!y Si,9i0.000. 4. A Metro Mayors Caucus bond issue both demonstr:1tes the political ',\,ill in our region to collaboratively address our shared housing challenges and tre2tes :i model for the sharing of future PAB allocations that may be used to finance vital housing projel:".s and programs. Among the 31 municipalities in the Metro Mayors Caucus. 23 do not receive their own allocation. These 23 jurisdictions would directly benefit from this bond issue by having the entire amount received from the Statewide Balance set-aside for at least 120 days for dism"burion in their communities. These funds would be leveraged with the e:itire amount of recycled funds available from Denver·s 19870 bond issue (Sl l.634.000 available to recycle as of 12-1-97). Further. Arvada. Aurora. Boulder and Lakewood have each committed a ponion of their PAB allocation to the Caucus single-family MRB . Although the member entitlement cities of Thornton. Wesiminsier. md Longmont have alre:ady committed their 1998 allocations for housing or other purposes. ways to include them in this bond issue are being pursued. In closing, the Metro Mayors Caucus requests Si.300.000 from the Statewide Balance to cable our non-.entitlement cities to participate in this bond issue and in order to kick-off our housm1 apnda. Evidence of the broad community 5U1>pon for this :ipplication is found in the :ittached letters signed by Caucus members. We anticipate the prompt issuance of these bonds and have esublishcd a target date of early Spring 1998 . Documentation of the need for this bond issue md - •· • C , • • • <. cooperative action around housing efmrts is evidenced by the mached informatiaa reprdia& die increasing pp between waga md bousiq com md die c:onsisrmtly low mmo area vwy mes. We deeply appreciate your takma die time to c:auider this applicatioa aad look.fbn.-ard lO ,presenting it before the Private Activily Baad ADoc:aiau Commi1ee Sincerely yours, .. • • 0 , ]- • • ffY Hills Village ,lumbine Valley =.deral HeitJl'O GlendM Golden Louisville Bond Allocations Committee Department oflocal A1nirs 1313 Sherman Stteet. Suite 323 Denver Colorado 80203 '· • 0 • January 9, 1998 Ladies and Gentlemen of the Committee: "' - We the undersigned mayors of the Metro Mayors Caucus support Denver's application for funds from the Statewide Balance on our behalf As the non-emitlement cities ·1o11thin the Caucus, we are interested in participating in the proposed single-family mortgage revenue bond issue (SF-MRB) as described in Denver's application for funds . The ~e:ro Mayors Caucus has consistently identified atfordable housing as one of our moSt pressing regional challenges. We now have an opportunity to cooperate with our entitle:ne::t member jurisdictions on a SF-MRB from which we would otherwise be barred due to the population requirement for a separate allocation. An allocation of funds from the Statewide Balance, assigned to Denver 111d pooled for disbursemc:n to participating lenders in our jurisdictions. would allow us to attain a number of complementary objectives . l . A shared pool of funds for jurisdictions too small to receive our own allocations allows us to participate in a bond issue from which we would otherwise be excluded . 2. By working together on this application and bond issue we are building not only inter- jurisdictional relationships, but also models of cooperation for our region . 3. By pooling funds we can reduce the impact of the fixed costs ofbond issuance while leveraging individual allocations for optimum benefit to our region . If there is an allocation of Private Activity Bond authority to Denver for use on our b~ we commit to taking the official action necessary to delegate our authority to Denver. We deeply appreciate your careful consideration of this request. Mayor Bill Berens. Broomfield •. ... • • 0 , • • < ]- • • -. <. an0x~ Mayor Tom Bwns. Englewood ~·~ Gary , Parker .. ~r,J,r yretche:i c:, · , ~&hit- ~ curMcimosb. Lafa,me e(d-c~.) Mayor Pal ~ Littleton -1.ti~~~P~~=~ Mayor Mary Pt Morrison • • 0 l -• - • • • 0 • CITY OF LAKEWOOD OFFICE OF THE MAYOR Linda Morton 445 South Allison Parkway Lakewood, CO 80226-3105 303-98i-i040 V/TDD FA."C 303-987-7063 January 20, 1'98 Bond Alloc:mom Committee Department or LocaJ Affairs 1313 Sbennaa Street, Suite 323 DenYer, CQ 80203 Ladies :and Gentlemen or the Committee: The City or Lakewood stron&IY supports DenYer's applicUion, on behalf or the :.\letto :.\layors Caucus, ror runds rrom the PriYate Actirity Bond (P AB) Statewide Balance. An alloc::uioa rrom the Sr.:uewide Balance would allow nolHlllidement Caucus cities to participate in the proposed Metto :.\layors Caucus sin&le-(amily monpce reYenue bond (MRB) issue. The bond issue would be used to proride below-market ftnanri .. and down-payment assistance to flffl-time homebuyen throuchout the &rater Demer mettopolitan :are:l. The :.\letro Mayors Caucus bas comistendy identifted :affordable bousin& as one of OID" IIIDlt pnssiac reaional cballeaps. Tbis year, tbe City of Lakewood will direct its entire S3.45 miWoa PAB al1oc:mon to proride usistaDce to first-dale bomebuyen. 1.akewood will coaanit om million dollan in P AB allocUion to tbe metro wide :.\lllB desaibed in the Caucus' applic::adon. The balance will be used to promote bomeowna ship in suppon or other public inYestment in ceruin ~et areas within OID" own conmnmity. We write you now to both demoastr:de oar commitment of pu1icipation in a pooled bond issue and to Yoice support ror Caucus' applic::Uioa ror runds f'rom the Sla!ewide Balance. The MJlB proposal prondes an unmual opponunity ror m to lner:ace aYailable authority ror the muimwn benerlt to those seekinc to buy their flnt home. In consideri .. the Caucus' appliation, I ask that you ple:i.se bar in mind the subst:and:11 impact the MllB would ban on homeownership :across the metropolitan area. Additionally, I ask that you recopize this MllB issue :is an opponunity to rise :iboYe p:u-ochial interests :md ror:e a new model or re:ional cooper:uion ror :affordable housini. Thank you 31:lin ror your consider:ation. • •· • 0 , -• • . • ' <. Housing and Human Services G~ of Boulder Jam.wy 23, 1998 Mr. St=Ye Gordon Ort ofDe:iver Planning OtEc: ••VIAFAX.-• D=r StcVc:: t~ ,. - ~ . a.... .,,... .. ,......oe,,;a;a,, o-,s.-- 'Oa!S-C. ~~so-- c--,s-;..~ .............. Mw!IWI ....... ..... s.-~ --.= ,....... CII.-S.-- s-..s-o-oi...... s.-c.- c.i.u.,~ caac:S- w.-&~ On behalf of the Mayor ofma Clty afBculdc, Bob Graaiec, 1 am providiz:a tbis lacer swiDI Boulder's ime=on m allocaa S1 Mil&ml ofils prime acivRy bond aDcc:aian u, the City of De::ve: fer a mcuo-wide sia&tc ~ ism& !faUlia; 1br wodcm is a priority of die City of Boulder IZld ..,. b&w !:lcaad c!bns widl uia priWl8 wmr m ,-•• m..damaly priead housin& that these warkl:rs c:aa purc!me. n. &Ylllabi1i1y of tlmas will flmha' ow dbr.s U) make ~ra.ble housinl ~ iD cm· amics Ifyau h&ve my queszioas ar reqmra acktirionel im1xmaliOll [maybe comc::ed 11441-3144. !haz:ks fer all of your eftbru u, make this type af'ftnfB ring availabla. c::: Bob Greenlee Jacky Monles-FC":and John Tays P.O . Ecx ~l f:cdcer. CdcrCCO e03CO (303) a.!. -3140 ;,·,; • •· • 1- . e:··· • • • 0 - <. ATIACBMENT 9 Other Information specifially requested to assist in reYiewin1 tbe procr:un l. ls rhis mortgage program envisiolWi to be mulli-year? The mortgage loaru originated under this. program are :inticipated to close this year. The Metro Mayors Caucus has selected affordable housing as one of their priorities. A series of actions have been adopted, including developing a metro monpae loan program. Should this progmn be successful, the Caucus may choose to establish an ongoing program. 2. How will w program be rnarlwt!d and administered? ls wn a com.mitmDu to du! program's overMad? A press conference with mayors from participating cities will initiate the program. The press conference held in August by the 1997 A loc:il issue:s was very successful in publicizing the program. It was carried by all four TV swions. It generated hundreds of calls and two of the lenders committed their funds in the first week. A brochure will be printed, made available to e:ach participating jurisdiction, and be widely distribured.. The Boards of Realtors will be comacted and articles made available to them for .~.r aewsleaers. Participating lenders will also be marllzting the program. A Master ServicerfProsram Admiaismror will be seJeaed through a competitive process to admioiSUlt' tbe program. The program overhead will be covered by the net profit from the sale of the outstanding GNMA securities. Should there be iasufficient funds to cover all the overhead and provide an amxtive Pffll!IJD, the City and County of Denver bas up to $250,000 that can be made available from a previous single family bond issue. 3. Of w parridpaling non-cuillmrmt dlus, will fMJ rtcdve a proportional shan of assisu:uu:e? How will rhis bt! accomplished? The non-entitlement cities will receive a proportional share of assioac:e. The entire amount provided by the Swe will be held for a minimum of 120 days for the non- entitlement cities .. After 120 days (or more), the funds will be made available to any participating jurisdictions including the non-entitlement cities. - •. .. •· • 0 6' -• • I • · .. • '· 4. What portion of local PAB dirl!ct ailocarions havl! bl!l!!I assigTll!li to this proposal? P/4asl! list tM communitia and amowus assigfll!d. City and County of Denver -100'1 of recycled funds from its 19870 issue . (about Sll,500,000) Lalcewood S 1,000,000 Arvada S 100,000 Boulder Sl,000,000 Aurora S 250,000 Thornton To be detem1ined W esaninster To be deteffl1ined S. Is !Mn a rok for moro morrgagl! bank.us cf kairors? Yes. All metro mortgage bankers meeting minimum requimnems will be offered an opportunity to participate. Five lenders chose to participate in the 1997A issue. As described under the marketing section, R.e:utors will be contacted directly about tbe program. Also most mortgage bankers are in close com.act with Realtors. 6. Is thul! sujftdl!!ll ajfordabk housing stoclcfor sau in thl! panidpa.ting comnwnities? There is sufficient affordable housing stock available. Given the response to tbe 1997 issue, there cle:lrly is sufficient housing priced at below the purchase price limit of $124,000 ($144,000 in Boulder County and Longmont). The avenge purchase price in the 1997A program was slightly under Sl00,000 as of December 31, 1997. Dm. provided in Attachment G demonsmues the availability of sufficient homes. For 1997, approximalely 33,r. of the homes sold for under $110,000. Another 32'1 sold for between Sll0,000 and S149,999. There may be some communities that do not have houses priced below the purchase price limiL However, they will benefit from the availability of aaractive financing for first-time bomebuyers in adjacent or nearby communities. 7. How will thl! downpaymou assisratu:I! bl! capi~? The funds to provide downpayment assistance will come from the sale of premium bonds and from the net profits from the sale of the GNMA securities. The premiums will be utilized to establish a down payment and closing cost assistance fund which will provide gnnts of 3 'Jf, to 4 '-" of the loan amount in the fonn of a gr.int. • . •· • 0 , ]- - 'C • • • • • '· 8. Haw wiU rma an dds bond dijfu Jrom CIIFA. 's cumn, raza cl wm:? the precise mes or rm diffenmlial widl CBFA is subjecl to mamt c:oadwoas incluc1in1 die price mceMd for die exisdna GNMA smmdes. However, it is amicipaled dm ifbada pro,nms offeffd die same dow1l paymeat pws tba tbe iw rm oa tbe Mmo Mayon Caucus Propam will be slipdy lower (l/8~ to l/4~). 9. Haw wiU dris program agmaz dw aistinf CIIF A morrra,e programs in dw 1Ml1'0 a,m? Given tbat CBFA does duee or four bond propms a :,eu-and dlll tbe funds for each are umally reserved widwa a few days, diem dmiy is much an demaad tban CBF A rm accommodate nus. die Mmo M&JOIS Caacas pu41aaa wiD. address die unmet demand widlin Mmopolirm Deaver. Unlib CBFA, aDocama of bond proceeds are provided to leDdm for speciftc localities 'I1mefate, leDdm will be Ible to wort widl pudcipuiq cominuairies, ie:luctin1 die IIIJG-E Mi•Jemenr c:mes, to .....-Joans. CBFA piopams typically esnbtilb pmcbue pace limils on a ... wide buis which m aeneraD,y lower dlan tbose allowed in die Mmo Deaver Ala By seams biper monpp limits, it will be possible to onsmu= monpps ill same bipcr cost cmumurities for ftm-dme bomebuyen who could nat puddpa ill a CBFA plOIIIID. f"mally, some 1lllique tarptiDs approaches will be explored to aaempt to direct die funds to those who med them most to qualify to buy a home . .. • • 0 f --I - - • • ,,. -• 0 • -111-ll\-c:~-;io ,uc. 10, 11 c.m, .. cwvuv nvu;:i 1it1.i nu1n rnl\ 1w. J UJI OD :)UJ ,. v1 FAX TRANSMISSION Date: J -~4-q 8' TO: -P~ COMPANY: FAX: ( ) 1 laa.-62 f<,8 FROM: ____ 9,____~--------- Englewood Housing Authority Office (303) 761-6200 Fax: (303) 781-5503 Number of pages (including this cover page): o- Message: ~ :J. ~'t . r&k ~ ~-&:11~41,~ ':f~ --~ enu aotttr us ot ,ar IR'P'I a tfti• frWIMliHlgp, • •. . . •· • 0 , -• • 1 "1l\ -.:_.-, ;Q I V ._ 'U' ' .I ;..uv L.:.""v"'v .,Yv ... ,uv , v 1u .. \ .1i... ... v..,,v , ... ..,v..; • .... c.. . JR.'i-23-98 FRI )O: 37 !FAX 10: .......... ........ .... 2.--... 3 ..... 40.100 ........ ..... s.--48.100 ........ 11,700 ,....,. 11.29D 1,-on --Owral ................... .,._ 1'11Nai-m1 ran,q 1111ta ' l 1 ... ~ 1Dw fncml9 '11.900 22,300 21,0ID 27,88Q 30.100 32,300 M.IIID .. .,., P. 01 llaa,,Gnat 4 ;,a ,._ a..,HCDS .. Milt,...,. Md. Ulllbr, co tot»20H .:;t oco . '4.f, 1,00 SO, I°" ~, ?00 110, ;oo 1,4, t.oO t,ct, I 00 'J.3 ( ~00 •. • • 0 , - - • 1 . 2 . 3 . • 0 • Call to order . f).'~ ~ Invocation. /}~ Pledge of Allegiance . ~ 7 :30 P.M. "' - I • 4 . RollCall.9~ 5. Minutes . ,,, f/-0· Minutes from the Regular City Council meeting of March 16, 1998.~ 6 . Scned,led v;,.o,s . (P1r. um;,,..., t?rtat~ to~~. 4' ~ a . TheEn~ewood{l~tt,e;~tt,ey~oho,en ~'f-~ the year ; Firefighter of the Year; and two Citizens of the Year . Letter from Sanda~ ~tin~~~-~~'?' from the Englewood Public Library Board . 4J ~ Proclamation honoring Christina ~onl,c~~~~]~Y-~ Proclamation recognizing Officer M~8! the E~ks Lodge Pof Officer of the Year for 1997 amation recognizing FirefightJJ,.Ron ~~-n as~ Englewood Elks Lodge Firef ighter of the Year for 1997. lf5 ~ Proclamation recognizing Norma Wier as the Englewood Elks Lodge Lady Citizen of the Year for 1997/)//~ Proclamation recogn-;;,~ WillQ,, Naylor as the Englewood Elks Lodge Gentleman CitizenoftheYearfor1997. ~ PINN now: If you have• dlublllty and nNd auxiliary aide or wvtcN. plNN nollfy the Clly of Englewood (762·2405) at .... , 41 houn In advance of when NrVtcN .. IINded. ThMk you. • • 0 ' Engl-ood City Council Agenda April 6 , 1998 Page2 • 0 - Proclamation declaring April 17 , 1998 as Arbor Day.~ • ~?-0 g. ~ 9-o h . C1ft1 1/-[). Proclamation declaring the w1;.e; ljf~ril ) 2 _t~rough 18 , 1998 as En~e Telecommunicators Week . ~ ~ Proclama~~n/~~a~ng ~e week of April 19 through 25, 19 8 as National Library Week.JI~ 9. Public Hearing . (None scheduled) fr' 1 o. Consent Agenda . a . Approval of Ordinances on First Reading . i. Council Bill No . 7 -Recommendation from the Parks and Recreation Department to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Water Conservation Board authorizing an easement for a bicycle/pedestrian path . STAFF SOURCES: Jerrell Black, Director of Parka and Recl"Nlion and Dave Lee, Manager of Open Space~ b . ~~{~/J;jJ~';,"f}ea~ /0 ~ i • oJ J-=F JJ i. Council Bill No . 82 , ap~ the South Subu Planned Unit Development "ijfd7-0 Amendment for Cornerstone Park (as amended) ,.,... J .J, d)..;)--ii . Council Bill No . 12, rev ising the Truck Route designaf n West Union (.Jl,f}.r -,~ Avenue ./~ J/'I~ • llllllO. t,tF-(J r V •. ~ {If ~ ~ H,~fJ.-' · I CA,,-/ f'YC,, c . Resolutionsa~ns.~ l,.~/J-f-//1 /) ~ i. Aecom~;~ from thf 6epartment of Public Works to adopt a resolution@ !J,/)1~ tlftJ allowing a negotiated contract with Bituminous Asphalt Sealing Specialists i ~ / T) :7'I an amount not to exceed $350,000 for the City's 1998 Micro-surfacing :> £5 ru program . STAFF SOURCE: Chartn Eaterty~ic Works , 2 . ,...-1) i1. Recommendation from the Department of Fi~~,.;;s to adopt a /:,(jlOJ-~ resolution approving a supplemental appropriation for the Transfer Pump project at the Golf Course . STAFF SOURCE: Frank Gryglewlcz, Director of Financial Ser.icN. ~ Recommendation fro;;, thVo4artment of Parks and Recreation to approve , by motion, a construction contract for the Golf Courie T ,..,. Pump Project. Staff recommends awarding the bid to the low bidder, CtAo,'8do Wllar Wei Pump Service , in the amount 01$94,200.00. STAFF SOURCES: JerNII Black, Dl'9lf~~ Recl"Ntion, and Dave LM, Manager of Open Space. V -,-~y,, - PINN nota: N you haw a dlublllty and need auxiliary aide or wvtces, plNN nollfy the Clly of E11glewood (712-2405) at INat 41 hours In advanCe of when MrvlcN .. needed. Tlwlk you. .. •· • 0 , • 0 I• - (. ::ngl-ood City Council Agenda April 6, 1998 Page3 -;;;:-.> ~ , 11 . Regula_rAgenda . ~<;;~~~ a. Approval of Ordinances on First Reading . 11 o,k. / F i . Recommendation from the Department of Neighborhood and Business ~ n Development to adopt a bill for an orclnance approving Industrial Zoning · /-O Amendments and to set a public hearing on this issue for May 4, 1998. ST~ , 1 ~ SOURCE: Tricia Langon, Nei_ghbo~~ J~d Envlronme~t T hnlclan · lf!-/U,t,/~ -~ -ro ,1...t.ff'if ~ ~ f' -IUJ IJ-o · · U b. · ~var of Ordinances on Second Reading . 7 / 0, ,JJ _2~ i. Council Bill No. 15, authorizing the execution of Intergovernmental Subgrantee (/: ~n'-0 Agreements for the 1998 Arapahoe County Community Development Block . 1 11,yrw'/· Grant program . ~ Ol/-:HZ5£~ ii. Council Bill No. 16, approving an Intergovernmental Agreement with Arapahoe "J-0 County accepting repr rammed funds under the Community Development Block Grant program. fJ"?d:~:J.-S. 1 _ /"ii. Council Bill No. 17, 0ori the purchase of the Gothic Theatre . A,J /J.I~ _ " -( Al Ir'/. ·. IA/ ¥.&/'J AJtLe. -.....,.-.. cf c. Resolutions aniJ't,lotions. ,ff 12. General Discussion . a. Mayor's Choice. M4 i Council Bill No. 19 -A Bill for an Ordinance approving an Intergovernmental I · Agreement with the City of Denver assigning and transferring a portion of fJ-{) Englewood's 1999 allocation of private activity bonds to finance ~~n~ J ~ housing facilities for low· and middle-income persons and familie~~ b . Council Members' Choice . 13. City Manager's Report . a . Englewood Center Update. 14. CifyA~~ ~ c§) Adjournment. -~~ The following minutes were t~ to City Council between 3/14/98-4/2/98 : • Englewood Public Library Board meeting of January 13, 1998 • Englewood Planning and Zoning Commission meeting of March 3, 1998 • Englewood Liquor Licensing Authority meeting of March 4 , 1998 PINN nole: I ,all haw• dlNblllly and rlNd ...-, aide or---, ....... nallfy .. City ol 11 .... aood (712-2405) at !Nat 41 houn In advm °' "'*' ...... IINded. Thmk you. . ' •. .. , •· • 0 r ,,,, I • -. ,~ ·~ - '· • t .. •, . . . • • 0 • • 1. 2. 3 . • 0 • <. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, APRIL 6, 1998 Call to order. '7 :i{J ~ Invocation . /)~ Pledge of Allegiance. ~ 7 :30 P.M . 4 . Roll Call . IJ ~ 5 . Minutes. fJff' '7,{) a . Minutes from the Regular City Council meeting of March 16, 1998. ~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) a . The Englewood Elks will honor the individuals they have chosen as Police Officer of the year: Firefighter of the Year; and two Citizens of the Year. 7 . Non-Scheduled Visitors . (Please limit vour presentation to five minutes.) Sum\'....., ..... ...._ .... 8"1111 . a..t..d Ploco e.., c-. a..t..d Pllco .... CCllllw ..... ..._, ~ c.i.. On:lwd Place Jc¥:e Pnans ..... onlorcnent L• F,y,,,an . On:lwd Place Mory s.,,, . On:lwd Place Jo._ . ()ct..d Place 8 . Communications, ProclamatlOns, and Appotnunents . a . Letter from ~ f?s).ema.in_d!cating her resignation from the Englewood Public Library Board . ~ "' - 'f//f//-o 'ff'.'1-0 /JfpJ'l-0 b . C. Proclamation honoring Christina Blomberg on the occasion of her 100., birthday.~ Proclamation recognizing Officer M~eJ O'Q>n"?r as the Englewood Elks Lodge Police Officer of the Year for 1997 ~ d . ~J'l-O e . ap''l-O ,. !LpfJ'l -0 Proclamation recognizing Firefigh,W RC?" ¥<:Lain as the Englewood Elks Lodge Firefighter of the Year for 1997. ~ Proclamation r~!'i ~?1'a Wier as the Englewood Elks Lodge Lady Citizen of the Year for 1997. I/~ Proclamation recognizing Wil~ !'.:~r,!s ~e Englewood Elks Lodge Gentleman Citizen of the Year for 1997. vv~r-,._., PINN nol9: It you haw. diublllty and need auxlllary alda or ........... nollly .. City crl lligle•oocl (712-2405) at 1eu1 41 hours In advance cr1 when aervlcN .. IINdecl. n..k you. ., • • 0 , -• 0 • Englewood City Council Agenda April 6, 1998 Page2 !1f#'l-<J g. Proclamation declaring April 17, 1998 as Arbor Day.~ Proclamation declaring the WH~ gf t'Pril.1J, through 18, 1998 as Englewood Telecommunicators Week. ~ dpf''l-D h . df?''7-(J Proclam~tion declaring the week of April 19 through 25, 1998 as National Library Week ./)~ 9. 10. PublicF. (None scheduled) Consent Agenda. a . Approval of Ordinances on First Reading . i. Council Bill No. 7 -Recommendation from the Parks and Recreation Department to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Water Conservation Board authorizing an "' - 4fftl '1--o easement for a bicycle/pedestrian path. STAFF SOURCES: Jerrell Black, In Adhl~ Director of Parks and Recreation and Dave Lee, Manager of Open Space,,v~-- D. fl .o ~Ir AaJ>tOY~I Qf Qrdinances on Second Re~~in,9 . ~ IIIA\.II:::. ~ U fZ--D ID fr ii FR/JIii ~~ ,4-€,l. ~I),+ M ,1.j. )J ,.-Jr; Council Bill No. 82, approving the South Suburba~:Ja:~~~it Development v l,f,J., '17!"'fl -0 Amendment for Cornerstone Park (as amended).v--V__- A-7 J ~ ~ :i.nw-.,,. j · Council · No. 12, revising the Truck Route designation on West Union Vt/1.-:rr"" ~'7-{;l'ivenue. . esolutionsand Motions. VA-JIIOlLUl#OVUJ. /0~ I ~OA. ~JlsEJJr ~4A ~1$"~ IO~ii-1-;li C . Ofpd'7-0 i. ecommendation from tft/Oepartment of Public Works to adopt a resolution {). . _ L allowing a negotiated contract with Bituminous Asphalt Sealing Specialists in t:J41H"'"5/ llf.Hl ,J?·_An amount not to exceed $350 ,000 for the City's 1998 Micro-surfacing ~ -7 r() "l.1>rogram . STAFF SOURCE: ClwtN Eatarty, DINctor of Public Works. __ (I/ ii. Recommendation from the Department of Financial Services to adopt a resolution approving a supplemental appropriation for the Transfer Pump project at the Golf Course . STAFF SOURCE: Frank Grygl9wlcz, Director of Financial Servk:N. iii . Recommendation from the Department of Parks and Recreation to approve, by motion, a construction contract for the Golf Course Transfer Pump Project. Staff recommends awarding the bid to the low bidder, Colorado Water Well Pump Service , in the amount of $94,200.00. STAFF SOURCES: Jerrell Black, Director of Parka and Recreation, and Dave Lee, Manager of Open Space. PINN noe.: If you haV9 • dlubillty and need auxNlary alda or aarvlces. plNN nollfy a. City of l!ftglawood (792-2405) at INet 41 houra In advance of when NrvloH .. needad. Tlwlk you. •. •· • , -• • • i:ngl-ood City Council Aplda April 6, 1998 Pagel 11 . Regular Agenda . a. Approval of Ordinances on First Reading . i. Recommendation from the Department of Neighborhood and Business {!J# /fdfPd-? Development to adopt a bill for an ordinance approving Industrial Zoning 1'.J Amendments and to set a public hearing on this issue for May 4, 1998 . ST~ n ~SOUR~E; Trlcja,Lanpof!,~h and E11vli:p!'~t Technician /-0 A/1.,,HU tr ,,ur 11X f.!Jl'l'lf'-lltH ~ 191'. b . proval of Ordinances on Seco d Reading . jj,._ i. Council Bill No. 15, authorizing the execution of Intergovernmental Subgrantee 1YJ.J.:r_. ~ lwJJ? Agreements for the 1998 Arapahoe County Community Development Block /T" '-{)Grant program. ~ ,.,, , JJ, . I ii. Council Bill No. 16, approving an Intergovernmental Agreement with Arapahoe () l(J.,fr' J.'-f /J.bbd ? County accepting repr~a~J~n~s under the Community Development -rr... '...l)31ock Grant program .v,,a,dr,:,..,, tf24_ J.. ~ ~-ii . founcilft.ill No. 17, authorizin9e purchase of the Gothic Theatre./J/~ ,.~ '7-/ lAA-Y : WM,fpoAJ~ ~ ·-cJ c . esolutions and Motions. fr 12 . General Discussion . a . Mayor's Choice . i. Council Bill No . 19 • A Bill for an Ordinance approving an Intergovernmental Agreement with the City of Denver assigning and transferring a portion of ?-0 Englewood's 1999 allocation of private activity bonds to finance r&5T~ 1 _ housing facilities for low· and middle-income persons and families . /I~ b . Council Members ' Choice . 13 . City Manager's Report . a . Englewood Center Update. 14. C ity Attorney's Report . Adjourn~~ The following minutes were transmitted to City Council between 3/14/98-4/2/98: Englewood Public Library Board meeting of January 13, 1998 Englewood Planning and Zoning Commission meeting of March 3, 1998 • Englewood Uquor Licensing Authority meeting of March 4 , 1998 PINN nola: If you hew a dlNblllly and nNCI .,..., aide or W¥loN, plew nollly Ille Cly ol 11 ... •ood (782-2405) at INat Cl hours In advance ol when NrvloN .. ......._ T1wlk you. •· • 0 - .· .- • • • • 0 I • - --~ - 5. Ct,, :J/;1, /9f ~ ----- &J,ttµ.J MU4--- ap,i'l--0 "' . . . . I· ' • • - 0 .. - • • I · • • -. I • ' 1- • • • • :.,__...-----------------------t -----~J:!!d~ ~_ hl,_)µl,.r;; ~IBi~~~-----1 --------------------~ -----------------------; ----- • . .... • • . . I· • C • ,, - - 0 • • . . . I· f • (\ ,----• . ' 0 I• 1111 ·. ' -Y --______ 11 ---~-------. ---------- ----(!)_ ~ ~ --== --= ------------------· -~ -{J)~~ ~-~-&fa - -~ --1) -~ -;f;JvJ -_ ---~~ -x~m _-~- --- • ------. • -----I. . ' • - • "' - 0 , . • • • • • C , • ,, -. . -• 0 t• -' . . - I· • ' • • • , • 0 - --~ ~-= tf;J~ ---~ -== 1i =---_-- --------------------------- --------------------------------------- -. • - • • I • • C ---------, ' • • • - • • ·, • ,. April 20, 1188 ENGl.EWooo CITY COIJNCIL Regular Meeting ' ' • .. 0 • • 0 1 32 x l