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Home My WebLink About1998-03-02 (Regular) Meeting Agenda• II , -• 0 I• • ' • .. " 0 • MARCH 2 , 19 9 B REGULAR CITY COUNCIL MEETING --·~,;... 21, n, a RESOLUTION t ~ 50, 51, 52, 53, 54, 55, 56, 57, 58, 59 • • 0 , ') ]- ]- I I Er r • 1 . 2. 3 . • • • \, AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 2, 1998 Call to order. '7:t/;l..~ Invocation . ~ 7:30 P.M . Pledge of Allegiance. ~ 4. Roll CaH. 7 ~ 5. Minutes. ~r'J-0 a. Minutes from the Regular City Council meeting of February 17, 1998. ~ 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) a. Representatives from the organizations receiving Aid to Other Agencies funding from the City of Engles.rood will be present to accept their donations. _.ON_. llffl!IMWTt4 T-...:E -a.a.-4PPIIOGIIMII COUlffHOlaE INC . GATIWAY Mnam>--,.. ae.Tllt ~l!DUCA'1DN~l1DN 7 . Non-Scheduled Vllitor'S . (Please limit )QM' prewlllltion lo five "*1ulN.) % 8 . Communications, Proclamations, and Appoi11lmen1s. tv/,. a. 'J-0 Letter from Su~ illdicating his resignation from the Englewood Election Commission. UJ- ~ j!/'1~ ~=/)~ indicating his l88ignalion from the Engleucood Housing ''iJ u., 4,d '1~amation hononng Roland A. Deering on the occasion of his 90" btrhJay.~ 9 . Public Hearing. (None scheduled) fr' ,......noe.: •,au,..•« ta,and,.._,alda••uta11, ....... 111111r .. ca,o1aat1111UZ1•NdNd (712-MII) ....... 41 IIOln In ..... GIi .... ..,,.... ......... ,..,... • .. • • 0 - • • • ,,, _ 0 :~ • (. Englewood City Council Agenda March 2, 1998 Page2 10. Consent Agenda. a. Approval of Ordinances on First Reading. i. Council Bill No. 13 -Recommendation from the Neighborhood and Business Development Department to adopt a bill for an ordinance approving proposed modifications to the Landscape Standards of the Englewood Comprehensive Zoning Ordinance . STAFF SO~: .Tricia Langon, Neighborhood and ,rt 'lo ~=1~ --h-d.i Ii-I!> -,2()/j9'1t" b. Approval of Ordinances on Secon~. · ~ ~ A£r.-, }'V¥,t;,{}IJE/!. l'.£..41.DIJU) /0 Ir ii) F-~lt fll1:._ wlJSIA/T '7f.lJ:NM-{J}J/J-/j' ~ /: __ CJ,uncil Bill No. 8, approving Southgate Supplement #1~ A-'\ J 1J !Cl /./!ff!.oZ;;f Bill No. 11, amending the Englewood Municipal. Jr~~rding () ~~ , -, reimbursement for water and sewer main extensions. ~ d.ihJ...1-0 ~2._iii. Council BilloNo. 82, approving an amendment to the South Suburban Park and -r~ ~llf~/)£./J-R~eation District Planned Unit Development for Cornerstone Park.~S _17/ ... .,, 01.? c . R solutions and M~~. 1 1 . . . ~ti::i:::;~ IJAvJ'J-0 .n~-fr~,, /0(!,, I 'r// ~~~~i -7 f7"' i. mmendation from the Uti~ Department to approve, by motion, the ~: ~ t w 11 . ii . Fourth Amendment to the Agreement with Camp, Dresser & McKee, Inc. for to_ t ::i ~ improvements to the Allen Filter Plant. STAFF SOURCE: Sl8wart Fonda, ::i I~§! l!i Director of Utilities. ~ ~ ~ Ill ::l Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of two Pick-up Trucks and one heavy duty 4X4 Pick-up Truck. Staff recommends awarding the bid for all three vehicles to the State bid vendor, Fogle Olds/GMC in the amount of $50,164.00. STAFF SOURCES: Sliawart Fonda, Director of Utllltles and Jim Tallant, Opanllons Dlvl8lon llanagar. .uo.:I:> z::iwow 2a:z0 ... ~ 111w c• ~~i~~ f 0 !~~ !~~.::i 31~ie~ i 0 ~~~f Regular Agenda . iil!il a . b . Approval of Ordinances on First Reading. i 11 f ii i. Counctl Bill No . 14 -Recommendation from the Department of Parks and I i i I! Recreation to adopt a bill for an ordinance approving an Intergovernmental e g IC i ~ • Agreement with South Suburban Park and Recreation District regarding I ... i i • ~ cooperative resident prog'J9ls· ~T AfF SOURCE: JerNII Black, Director of !i § ! ~ ! u Parb and Aecration. /~ cl ~~~ Approval of Ordinances on Second Reading . W!!i.~j 1eg1c ... 1 / i. Review: Proposed Housing AuthorilY Agreements . . . . • ~-(~J): /l/JhJ~ tr t1tll£ I I Ir I/ I ll ,f-J(/ A j~ I, 1 ~~~ncil ill~~ergovemmental Agreemenf' with the ~ewood Housing Authority . 11~~~! §:ilsl qi;l~i ill!li PINN nale: I you haw a cllsablllly and need audsy alda or aar.tcea, plew nollfy lhe Clly of Inglewood (712-2411) al 1Nat 41 hours In advance of when ..,._ .. naadad. ThMk you. • . .. • • 0 - Inglewood City Cowlcll Agendll llerdl2, , • • • • • Page3 Council Bill No. 5, approving an Intergovernmental Agreement with the Englewood Housing Authority regarding Community Development Block Grant funding . .f ~ ... 1 _iv"J ~~~~ No. 6, approving an lntergovernmenta Agreement with the ~ Housing Authority regarding Project Build. c . Reeolutions and Motions. /) ~ . _ JJ.., /e; i . Recommet ldation from the Department of Financial Services to adopt a ~'ri l'NOlulicx1 approving a transfer of funds horn the Prqect Build Fund to the l~~-,f.-/ --~-... .-. ....... _.,_..., 12~ 13. 14. a. Mayor's Choice. b. Council Members' Choice. APP'D6-1 IMIHOIZIIDWID 10 IIEGUDT 'l'*T ~ CITY ATTOMIEY (NAY: WAGGONER) IIIWE FOR! , 11M 10 LOOK lffl> THE PUIICHAIE, AT fMt IMIIICET VALUE, 0/f THE G01NC 1"EATEII. WICH • CUl&IEN1\.Y City Manager's Report. If FOIIECI OIIM. pr GOU ON THE AUC110N ll.OCI<, WBINEIDAY, IIIMCH 4-i a. Englewood Center Updala. City Attorney's Report. The folloang "*"*8..,. lrallllfflillld to City Councl.......,. 2/13118-2/2M11: • Engleceood Polee P8lllion Bon fflNllng of July 10, 1117 • Engle oad No11-Em•11•11cy Penlian Bon fflNllng of Ocmber a. 1117 • EligleM>Od Joint P8lllion Bon fflNllrlg of Ocmber u. 1117 • Eiigle,JOOd Plal•lilig and Zof*1g Connl11law, fflNllng of Febnay 3, 1• • Englecerood Cullural Arts Cornmillion fflNllng of Febnay 4, 1• • Eiigle.JOOd Uquor Ucenalng Aulhorily fflNllng of Febnay 4, 1• ...... 1111111: l,au '-• •11IIIIIJ,andMldNMT fala••:1111, ....... lllllr .. CIJII ... IHDII (711Hll)llllall ...... ln ...... cl .... •Aaaa ......... ,._.,... • . .. • • • ]- • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 2, 1998 7 :30 P.M. I• 1 .. 'Call to order. '7:~,., 2. Invocation-·~ 3. Pledge of Allegianee. llfuw,,4_-. . 4 . Roll Call . '7 ~ 5. Minutes . a,,''7..()a. __ ... _CityCou .... .-.. .. -11.1008.~ 6 . Scheduled VISitorS. (PleaSe limit your presentation to ten minutes.) a. R~ from lh8 o,vaniZ8tiOOS receMng Aid to Olh8r AgenCieS funding fTom lh8 City of Engls:.ood .. be present to accept their donatiOnS- 11181,S ON__. afflll,MIM,._,aaz 9t1Q.Oa~,...... c,ouimc,uallC. .,....,..,.,.., ......... 1111 aaawoaDIIIUCl"11DN~-7'""-· ( ___ ,. __ ., ... _.) eoo,municatiOM, Pn,clam8tionS. and Appoit!IIMnlS- 7 . 8. ~-f I I a . Letter from Su~ i,ldlcating his reaignlllion fTom lh8 Englea.ood ElectiOn 1~!17-() eommisaiOn-Ur b. Letter trom~att Innes indicating his 1'819'111ion from the EngleoJood Hou8ing '/-0 AuthoritY· t )ibhJr 4,a1~--··0eoring ...... .,.,.._ ..... .,,.-.~ 9. Public Hearing . (None scheduled) ~ . ' .. • • PINN nala: II you h8W a dlenliMY and MN auxlllllrY nldn 0t ••lane,,._ nallly lie Clly o11e••ood (712·24Gll at--' 41 tlala'9 In...,._ of wtwn .............. ,,.. you. 0 - - - • • • Englewood City Council Agenda llarch 2, 1998 Page2 10. Consent Agenda. ll!tl#Ah&lr l_e.,0()£/) /0 4-i rl!JI ~ ~Al~T ~J)df a. Approval of Ordinances on First Reading. flff-''7-0 i. Council Bill No. 13 -Recommendation from the Neighbortlood and Business Development Department to adopt a bill for an ordinance approving proposed modifications to the Landscape Standards of the Englewood Comprehensive ~~~:::;;;,,bo1 /ff" Approval of Ordinances on~-~ .. i"/KN}NE./e. l!.£.IADIIU) /0 IT ii) F-~· ff£.. &1.1~ Ati£AJ~ '-l,· ~-_ ~ncil Bill No. 8, approving Southgate Supplement #1 ~ /ii~;;f Bill No. 11 , amending the Englewood Municipal-eol( ~ reimbursement for water and sewer main extensions. ~ ~ /')-() ~~ iii . Council Billo No. 82 , approving an amendment~ the South Suburban Part< and -r~-~#1£.J)Oi,IJ.... Recreation District Planned Unit D~velopment for Comerstone Park.~s _!ff ... u, 0<!> c . R~utions and M~';:; • 1 ~ ''O . ·. ~ 1 lll::; ~ /JIJIJIIQ-0 .n~~-~., II e_ I °i-// .,;!2i~i -7r i. mmendation from the utiils Department to approve, by motion, the ~::: ~ w ..... ~ Fourth Amendment to the Agreement with camp . Dresser & McKee , Inc. for ~ o.1 lll ~ ~ improvements to the Allen Filter Plant. STAFF SOURCE: Slawart Fonda. = g ~ i ~ Dlntetor of Utllltles. ~ ... ~ f lll 11 . ii. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of two Pick-up Trucks and one heavy duty 4X4 Pick-up Truck. Staff recommends awarding the bid for all three vehicles to the State bid vendor, Fogla Olds/GMC in the amount of $50,164.00. STAFF SOURCES: -...rt Fonda. DhclDr of Ulllllee and Jim Tallent, Operallal• Dlvlelon ... _.. Regular Agenda. .UL<::, i!l~~ ~ii~~ flill~:; <i:.g ... :5 gi~;~~ -S<u ... ~ io!il-L iil!i! !l!!t.,..c a . Approval of Ordinances on First Reading. i ~ !I L 11 i. Council Bill No . 14 -Recommendation from the Depa,1rnent of Parks and I S w 11 I i Recreation to adopt a bill for an ordinance approving an Intergovernmental e C i ~ ... !JlUJfl '7-0 Agreement with South Suburban Part< and Recreation District regarding a f 1 : ~ ,r-cooperative resident prog!J9l5. ~AfF SOURCE: ........ Black, Dlrectar of I a! e ! ~ Pwka and Recl'Nllon. /~ Ii ri; g ... b . Approval of Ordinances on Second Reading. ! i ri ~ j !i !f c.., 1 / i. Review~ Proposed Housing AuthoriJY ~reements. . . . . • • ~ ! ~ ~ ~ lhuJ c;-{~i); /;/JO~ ~A,11>t,,L "'fr,.,,,(£ II U-1/ I ll ~ I f/ 1i11:1 i -r, 4 j~, • l ~~~~cil ill No~ approving" an lntergovemmental Ag~ with the • ..2 W ~II ~ewood Housing Authority . .,. Ci: a F ~ illili PINN nola: If you haw• dlNbtllly and need alDdlary lllda or• wta 11, plwe nollfy ltle Clly af 11 ... •ood (712-2405) al ..... 41 hcu9 In advance of.._....,._ .. ...-... TIIMk you. •. .. •· • 0 I - - • • • ,. • • . ~. ..... ood City Council Agarlda llardlZ.1- ..... 3 Council Bill No. 5, approving an Intergovernmental Agreement with the Engletrood Housing Aulhority regarding Comnuiity O.,elopment Block Grant funding. ,I. 1. 1 _iv~ ~-~ No. 6, approving an lntergovemmental Agrwnent with the ~ Housing Authority ragardlng Pro;ect Build. c. Resolutions and Motions. ;') ~ • _ JL, le; i. Recammelldalion from the Depar1ment of Fi•lcial SeMces ~~ a ~i rWJ1u1ion IIA)l'OVlng a ..... of fWlds from .. Prqecl Buld MRI ID .. t;JJ~=--~-·--~ .. -- 12. Olscuaion. a. Mayor's Choice. b. Council Members' Choice. 13. a. 14. City Attorney's Report. NMNO&ZIICM!D TO MQUUT 1*T OUR CITY ATTORNEY mllE FOllt U 111m TO LOOK lffl> ntE l'UIICHAIE. AT FM1 IIIMICET WILUE, OF 114E GOTHIC 114EATER, Wt«:H • CUIIIIElffl. y .. FOMCI OIIIIIE. PT oaea ON 114E AUCTION aoc:I<, MDNEIDAY, MMCH 4"'J The following minulN Wlf8 tra111millld to Clly Council bet1 un 2/13'118-212M18: • Engle. IOOd Police Penaion Board fflNlllng of July 10, 1117 • El ig1e IOOd Non-Emergency Penlion Bon fflNling of Oclaber 8, 1117 • Eiigletuood Joint Penaion Board 111N111ng of October zr. 1117 • Englewood Planning and Zoning Coll,Wlllalion fflNllng of Febnay 3, 1 • • Englewood Cultural Ar1s Comrnilaic>I, fflNllng of Febnay 4, 1• • Englewood Liquor Licenling Authority fflNltng of Febnay 4, 1• .......... : lyauhaw• S ,..., ....... ....., ...... .11,11, .............. ca, ....... DOIi (112-MII) ........ houra In ........................... ,...,... . ' • . .. • • 0 • -• . • • - "' • • 0 )- - • • • ... . • ' ,, PUBLIC COMMENT ROSTER AGEt1DA ITEII 7 DATE: MARCH 2, 1111 NON SCHEDl.• ED VISITORS IIAY SPEAK FOR A IIAXIIIUM OF FNE -,ya. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSIER. STATING NA11E. ADORE.SS, AND TOPIC OF COMMENT. PLEASE PRINT NAIIE ADDRESS TOPIC ,. - ' . . ' ,. • . .. • • 0 J - - • • • • - '· ENGLEWOOD CITY COUNCD. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Pellnary 17, 1"' I . Call ta Onler The regular llleding of die E.-,.1 City Council -caUed ID Older by Mayor Burns at 8:00 p.m . 2 .......... 3. ~IIAh91_. The PlcldF of Allegiance -led by Mayor Burm. 4. ...Cal Prelent: Council Members Nlllllolz. Clapp. Gama. Biadsllaw. Hllleaidll.. Waggoaer.e.m Abmlt: Nolle A quonm -praeDl. AIID..,-: City ....... Seas City.....,..._ -city Clllt Elil ,.....c ·,c ,. llill O...e.ty,Nlllc .... o...s-.-a, ts ·ens ._._....._ o. s , Dillow o.,&1e=ica. ,___ s.wa F S illl ....... lCIMI 5. --- (a) COUNCIL ....... WAGGOND SIIO¥D. AJll9 ff WAS aco:. Ea. n, Al'l'llOYE Tm: MINO ISSS OI' '111E tmGULAa WWWIING OP ftWJAIIY 2. ..._ 6 . A,-: c-:il ,...,_. MIMllz.. a.n.. ...._, rs a ·t w...-.Cllpp.a.n. Nays : Nolle Sd I f II f Villlln 7. N• 1111 t II f Villlln •. . , • .. • • 0 , I • Eactewood City Couacil Febnaary 17, 1998 Pagel • 0 • I • (a) Norwood McFarland said he wanllld to see how he could get !his lhing straightened out with the Police Department. because he is not getting any results with all !his harassment going on down at his molher's place at 2290 Vallejo Street. He said they do have some people who have moved in across the succt from his house. but the cops have been to his house , a week ago since Sunday. But. he noted. when he went back to that police swion over here. !his Friday past. to try to get lhings straightened out by the officer, they swted harassing him at his mother's house. But !his a,p would not take any word from his mother, from him, and he tried to tell him to get the ha:t out of the stalion over here. down the block and he noted, Council knows where that is at. But. he said. he doesn 't know what to tell Council. that he has these people over here that are causing problems with him and calling the cops on him and he is not doing anything to tbme people. Mr. McFarland advised he is womng for a gentleman. he has a barber shop, but his father owns that house. but he has found out what the people are causing the problem and harassing Olber people on there. But. he stated, he is not doing anything to those people. he doesn 'I even know who those people are in that house when he comes home from his job. So, he advised. this is the second time he has called the cops and they came to his house and tried to tell him that they want no pan of it. Because these people try 10 tell him that he is showing his finger at them. Mr. Mcfarland said he can't explain it. that he can ·1 even go over to that space down there and talk to the Police Dcpanment in the right way to get this thing clear out of his system. He said he got the paper to go 10 coon on March 4 •. He noted with his condition. with his seizures. that he gets all worked up about this dam thing and he is gffling tired of it. This is the second. since five years ago. when he was kicked by another gentleman that lived down by his place . And they never did anything to that person. he got away with this whole situation. He reitcnted he can 't explain it to Council. He said he knows Al Stanley no longer works for that dc:putment. that Chris OI-bas taken his place and he -all mixed up since last Friday. Mr . Mcfarland Slated he didn 't gct the officer 's name. but that he was dressed up in a tie and a suit and he got real cuc:lcy over there . He said he swean to God. thal he doesn ·1 know what kind ol officers we have. that you cunot talk to the people in this world today . He can 't tJeat the people and tell you to gct out of this SlalioD.. that be doesn ·1 want any pan ol it. Whal they arc here for and they are gelling paid by us . the taxpByeB and he docs not think it is rigbt what they arc doing IO us . He said he should file a complaint apim1 die Police ~ IO gct tJais tJlilig alf bis back. witb tllele people down here harassed al lum. Mr. McFarland maiNained be docs 11111 evea ~ wllal they look like. they arc in the house all the umc . but they can look out die willdaw Cft'CI" tllcre ... ud lie doesn °1 Beed IO look at them . . but they call the cops on him again. But. be aid. be is bopillg Council can talk IO die clue{ ol police IO find out what lhas 1s all about. He DIiied his -Md addfta is oa die lip up sllect. but there is no phone number. He offered to give the clat bis buli-. cant . Or lie laid they ca CIIDlacl bis lmllber and ask for him or be can SClld Council a lcaer. Mayor Burm adviled Mr. McFarland thal lie can IIClld Council a lcaer and ifhe wanted to leave his card he ca a11o do dial. Mr. Mcfarlad laid be ~ bul this life is too sbon IO be fighting all of the time. So. be said. be docsa 't "-wllal it is all about down there. he swears . He staled he cannot even walk out al bis llllllller' S llollR ud walk down IO die bus Slap ID die daytime IO gct lus bus with all this banssing him. Alld die CXlpl come down dlcR ud 11an Clllliq him ud giving him this ticket for him IO come back to caun. He IIOled be Im die sheet npt ,n his pcdel. right here. wbcn he 1s supposed to come in. Mayor Burm adviJCCI be will bawe to appear on that. but 1f wanted IO wnte a lcUcr . he can do that, and Council can refer tllal for a report from die poboc depuunen1. Mr. Mcfarland said right, there arc no cbarg,cs or aaytlung. but dus IS wllll happaicd ... they called lus mochcr on the phone and .... be said, he takes thal back. thal they called the Police ~ and told hun he IOOlr. the bag apim1 that dog up there. He said tllc dog bad -beal OIII ill tllc yard ... that be docsn ·1 even kaow who they arc . What hlppclled -be 1111 bome • a quarter IO live and the police depanmeat came IO his mother's house around 6 :30 lasl Sunday . They -baagillg oa his lmllber' s door and be didn ·1 know who he was . He fOUDd OUl be -an Eaglewood police offlccr. who IOld him wllll he did to Iba& dog, that he hit thal dog in the face . Mr. McFarland mai•1iacd thal dial dos -noc IMD in his yard wbcn he ~ bomc Cram lbc llloppiq QCINCI°. He llitl ~1 -IO Ciotl 10 you. I .. IICll C¥Cll l)'UII IO you .~ But this is the ICCOlld time this is going on ia his modlcr 's yard b the lall five years now . They have been down in that place 36 years swung ,a Scptcmbcr But. he said. be tSJlll1 hoplq the) doa "1 ba\c all dus •. •· • C - Englewood City Council February 17, 1998 Pagel • 0 • 1• problem with the police department coming down all the time. He Slated his mother can 't be running out of her hoUlc. that she has a bad heart condition. She has a bad bean and has been in the hospital three times now by the paramedics here. by the Englewood Fire Department. He advised he is living with her. but he is hoping it doesn't happen again. But he talked to the people at the front. up around the front. and they told him to put it in writing or come 10 the hearing and explain it to Council in pcnon . Mayor Bums told him that Council appRCialcs the fact that he has come and if he wanted to write a lcner he should feel free to do that. Council Member Bradshaw encouraged Mr. Mcfarland to leave his card. Mr. Mcfarland said he would leave his card. but that he hoped they could do this for him. that he would appreciate it very much . He thanked Council. (b) Robert D' Amico. Regional Manager for Waste Management Inc .. advised they have a facility at 2400 West Union A\leDUC in Englewood. He DIiied dial Council will consider Council Bill No. 12 tonight, which would place some rcsuictions on Union Aw:nuc and west of Clay Street. as the ordinance is written. He said he would like to offer some input OD that proposed ordinance, from Waste Management's perspective. Mr . D' Amico advised that he has been the Regional Manager here in Denver for about ten years and he is very familiar with the facility . As a matter of fact. he said. one of his first associations with Waste Management dates back to 191!0 when that facility was originally constructed. Obviously. he noted. their usc of Union Avenue docs put truck traffic on that section of Union Avenue. from Santa Fe Drive to Federal. He said he would like to clarify their operation for Council. He stated they actually have two operations at the Union Avenue facility . They base their truck nec1 there. which consists of about 100 vehicles. but they also operate a transfer facility and a recycling facility and he thought they have had the opportunity to have some of Council there in the past. In connection with the transfer and recycle facility they do accept public traffic, bolh at the transfer station and for people depositing their recyclables for processing. Mr. D' Amico advised they were in to talk to Gary Scars and Chuck ESlcrly last week about the proposed ordinance and they discussed some possible alternatives. He said they were CIICOW'qCII to QOIIIC in and offer some input and they welcome the opportunity to do that. He Slated they appn:ciate the a>nccrns of the rcsidcnls on Union A venue. especially those residents that aclUally front Union A\'CIIUC . He ackoowlcdFd there is a lot of heavy truck traffic on that stretch of Union A\'CIIUC. He said they have. in fact. routed all of their uucks from Union Avenue. cast to Santa Fe. They have instnlClcd their heavy route trucks. their refuse collection vehicles. to usc that route. Periodically they will have a truck that comes in from Federal Boulevard and they continue to police that within their own l1cCl. bccaulc they are sensitive to this issue and. be said. be thought this issue has been before Couaci1 before. Whal they are ~ coacemcd about are the n::strictions that are being CUITClllly aNmdacd. He advised that they think they are -=II too low. The average refuse vehicle weighs approximatdy JS,000 pouads. He said they tlwlk if c-:il would focus OD the type of vcbicJes that they really want to exclude from that ponioa of Union Aw:nuc, that we could end up with a solution that they could be comfonablc with. Mr. D' Amico adviscd 11111 they really do IIO( want their heavy uucks traversing that area of Union A\'CIIUC anyway , tlley ralm tlleR an: some safety issues there. 1bcrc is a part jua to the north of Union Avenue there. it is quite -to have children in the area. So it makes good business scnsc for them to keep their own heavy refuse veluclcs off that street . But. he noted. with the traffic they generate at bolh the transfer Slalion and the recycling facility . it is common for them to have vehicles in the 20,000 pound raDF that are IIO( 1arJC trucks. IIO( what you would think of as refuse uucks. that utiliz.c their facility . He said they have a lot of traffic that coll5iSts of construction contractors that bring their demolition debris into the facility . They allO have Slake bed trucks. roofing contractors and the CtlllOIIICrs who use the recycling facility . So. be said. they think a limit in the range of 20,000 pounds would be much IIIIR realistic. Mr. D' Amico advilcd that be just happened to sec the ordinance a few minutes before be came up, and the way it is cunmdy wriacn it appears 10 him that ii would exclude vinually all vehicles other than a pickup U1ICk. from using Union Avenue between Clay and Federal. He said be -IIO( sure that -tbe illlCal of this Couaci1 to do that. He noted that a couple al othcr poinls be would like to make is that. jUll having been al tbe facility OD a weekly bllis, it RCD1S that since they SWted COIIIIIUClion. or recomuucuon. al the Belleview/Sula Fe Ullcncclion. they have had a lot 11101C ,, - • . ' I· • f - Ell&lewood City C-il re111,w·y 11, 1991 Pqe4 ·, • • • traffic on Union A-tblll dley bad prerioully. He c:ommc:nted lhll be smpects-.-tbal iDICrmclioo is c:omplcled dlll -ol lbc traffic dlll is aanmdy llliag Union A-will probably be i.:k on Santa Fe. So, be said, be wwld C8ClllnF Counc:il to ClOlllidcr tlalt if Ibey arc going to put this restric:tioo in place. Fn1111 lbc .__ IIIPdpoi,. it .add be au::b -wukable ifdley wailed until tbal particular inlcneclioD is mmpleeed He llarad be .add allO ._ dial Counc:il might want to coasider a U'affic 5bldy to delamille eacdy what iJlll*l Oil directiag lbc ll'lffic to lbc Clll will have on lbc Santa Fe Union ialerleclioa. 'Jbll _... w recamy impnMd. wilb -sipific:IN implo,-as, as Ibey have impro.ed Saa Fe DriYe. Bui. be DIiied, Ibey an: goiDg to add a lat olll'lffic to tbal intersection. He advised dley an: --,d lbout -ol lbc ooapllion lhll could dewlop ~ tlalt dley have some bKlalpl for lbc ll'lffic ligbls. He opiDed tJaat a ll'lffic 5bldy imy, in fact. help Counc:il make lbc right clecisioa in-of what le.el of Might ,emiwuai dley wam ID Clllllidcr on Union Avenue. He staled tbllle m: lbc priamy •-•• be wallled ID malrc mglit wt be allied dial dley ClOlllidcr lbcm -.- Ibey delibenle Counc:il Bill No. 12. (a) A leaer from Amemarie LaNlard iadicatillg ber resignatioo from lbc Englewood Public Library Board -crmidaal. COUNCB. MDDU BAaltNICBT MOVED, AND IT WAS SIECONDED, TO ACCEPT WITH 8EGUT THE llESIGNA'DON Of' AMEMAIUE LEONARD l'ROM THE ENGLEWOOD PUaUC I.DllAllY IIOARD. Ayes: Counc:il Maaben Nlllllolz, Gamu, Bradlbaw. Habcoicht. Wagoaer, Clapp. Bums Nays : Ncae (b) A leller Ina Ed Soalliae ieticari• bis "'8ip,«im from lbc Englewood Uillaa Ra1cwa1 Aadlarily w wwmaaa. COUNCB. MDOU SUDSBAW MOYD, AND IT WAS SECONDED. TO ACCU'T TIO DSIGNA110N Of' D souu.ma& t'IIOII T1D 11:NGL&WOOD UaaAN UNSWAL AU'IBOIUTY. (C) ---- Ayes : ~ ...._. Nlllllalz. Gamu, Bradlbaw. Haba1ic111.. w....-,.Clapp.e.. Nays : Nae TIie raohiuoa w......, a INllilbcr ud n:ad by lille: RESOL.l1110N NO. 43, SERIES OF 1991 A RESOU1l10N APPODrI1NO CAROL BELT TO THE URBAN RENEW AL AuntOIUTY FOR 11iE cm' OF ENGLEWOOD. <XlLOllADO • I • . • • 0 ' I ]- Eapewood City C1111acil Febnaary 17, 1991 ••&e5 <. • 0 - COUNCU. MEMBER WACOONU MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (c) -RESOLUffON NO. '3, SERIES Of 19'1 Ayes : Council Mcmbcn Nabllolz. Gamu. Bradshaw, Habenicht, Wagoner, Clapp, Barns Nays: None Motion carried. Mayor Bums presented the resolution. a certificalc and City pin IO Ms. Belt. (d) A resolution appointing Robert Lindsey as a liaison IO the Englewood Urban Renewal Authority was aJllliclered. The resollllioo was assigacd a aambcr and read by title: RESOLtmON NO . 44, SERIES OF 1998 A RESOLtmON APPOINTING ROBERT LINDSEY AS A LIAISON TO 1llE URBAN RENEW AL At.TI'HORITY FOR 1llE CITY OF ENGLEWOOD, COLORADO COUNCU. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (d) -RESOLUTION NO. 44, SEIIJES or 19'1 Ayes : Council Members Nabbolz. Garrett. Bradshaw, Habenicht. Wagoner, Clapp, Bums Nays: None Motion carried. Mayor Bums pre1e11ted the nm1u1ioa. a certificare ud City pin 10 Mr . Lindley . (e) A resolulioa ,appoiaring Robin Weddle IO the Englewood Urban ReMwal Authority -aJlllicleRd. RESOLl.1T10N NO . 4S , SERJESOF 1991 A RESOU1l10N REAPPODfflNG ROBIN~ TO 11IE URBAN RENEWAL AtmlORl1Y FOR 11IE CITY OF ENGLEWOOD. COi .ca~ COUNCD.. ND1Ra WAGGOND MOYD, AND IT WAS 5&COllfNa. TO All'IIOVE AGENDA ITEM I (e) -aaoumoN NO.~ S&ma Of 19'1 Ayes : ~ Maallcrl Nabllolz. Gama. Bndllllw, 111111 . t w...-,. Clapp. eur.. Nays: "- 9. P.a.lk ..... (a) ...,.. ......... ii a ,-.lie llearills IO pdler ciliaa .... 5--S....'1 PlaaadUail~ I J llrCw•-Part ........ ha1-y 19.19'1. .... "' - •. • • 0 , Ea&lewood City Council Febnaary 17, 1998 Pa,.e6 • 0 • COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC BEARING TO GAfflER CITIZEN INPUT ON soum SUBURBAN'S PLANNED UNIT DEVELOPMENT AMENDMENT FOR CORNERSTONE PARK. Ayes: Council Members Nabholz. Ganat. Bradshaw, HabcnicbL Waggoner, Clapp, Bums Nays : None Motion carried and the public bearing opened. All testimony was given under oalh . Planning Community Coordinalor Stitt advised tllll this is a continuation of a public bearing that was continued from January 19, 1998, IO coasider an ,_..,_,,, IO the Planned Development for Cornersrone Partt. He Slaled that at the time of the mnlimwion ia January lbere were several issues brought forward for consideralion by the staff and Council. He said be would like IO report ronight that, from a land use SI.IDdpoinL !hose issues have been resolved . The aJllditioo Iha! the Planning Commission placed upon thc Planned Development has been incorporaled inlO the park. Thal being ihat !be skate park should be surrounded by a minimum six fOOI high security fence wilb a locking gale. Additionally. the Planning Commission also made Ihm: n:commeadations for Council 's consideration of Ibis Planned Developmenl amendment. TII05C being pedcslrian access al the soulheasl corner of the site at Prentice and Hickory, to considtt the impacts of vehicle beadligbts on the surrounding neighborhoods when Ibey arc in lbc parking areas and ro mitigare !hose impacts. and COlllidcralion of the lighting of the parking lots in the park. by a lighting 5IUdy, IO mitigare the illlf*U on adjaa:al properties. He advised tha1 all of those issues have been lakcn care of. Additionally, be Slared. lbere was a requesr from Council that Ibey review the 1993 traffic study ro dclcrminc if the propolCd changes IO the park would generate additional traffic and hence require modifications ro the swrouadiag strcel5 and parting areas . Mr. Stitt said be has a lcucr from Aldridge Traasponation CoasullaalS. wbic:11 was submiued IO bis office today, advising that the revisions to the Planned Deve1opmcal do DOI significaady implCl the original traffic study done in 1993 . He advised be also bas a memo from our Public Works Dcpanment Iha! concurs wilb those conclusions. So. be Slaled. from that s&andpoiat. they believe the trd"ic issues have been resolved. Mr. Still advised that if Council bas any OChcr questions. pertaining ro the land use aspects of this Planned DevelopmcnL be would be happy IO answer those. Council Member Habenicbl alkcd if this propolCd cllaagc affcas any c:baagc in any of the odlcr lighting ia the de\dopmcnL Mr. Stitt said DO. dial die cxitlillg ligllliag will reaaia B it is. He advised that the coacem that -cxpreaal • the Plaaaiag Conn · lli9e public llcal'lllg was dial. due ro the proximity of the propmal c:baa,es lO the park. Ille --park ud Ille ilt4iac lloc:k)'. lllcff -a.:iern that the adjllcenl raidallial propcnics mipt be .... by Ille lipl. So Ille "'--1 Cc-million recommeadcd that a ligbliag study be uadertallca to .,_. wllat Ille ill-•-levels would be off the site from !bole lights. He DOied if it would be lDO pCM Ille il1--.oa would be chaqcd. either the lights nxlucal ia intensity or the beipt of the ligllts reduced. But. lie adviled. the study bas shown that the amount of light spilling off the site is nqligible ud sbauJd DOI 1mpaa adjacent rcsadeaual properties. And, Council Member Habenicbl said, the fact l1lat OIi the cunal de\dopmcnt thcrc IS light that is negatively impacting Olhcr residential propcnics, iso ·, addressed in this planned use . Mr. Suu said be WU DO( sun: be UDdcntood wbic:11 light sbe -rdaring to. Ms. Habenicht 5laled that Council keeps getting complaiots aboul the ball fields, for cxamplc. ud the raidealial areas in Eqlcwood that are suffering from light pollllbOII there . Mr. Stitt llaled that the i-befOR the Planning Commiaion was the ameadmeol to the IDUdlcra portion of die pull ud it did DOI involve die saftball fields on the nonh side of Belleview. So. be said. the ligb&ia& lllady did DOI addlal tbolc particular iaa. • ,,, - .. •· • , - Eactewood City CINIDCil Jl'ebnaary 17, 1998 Pqe7 • 0 • 1, Council Member Clapp asked what time they clo9e the park. Mr. Stitt said be thought it was 10 :00 p .m . but. he noted. she might want to direct tbal question to the South Suburban reprcsenlalives here tonight. Mayor Bums DOlaS we previously made a m:onl of notices being published and so fonh and this is a cootinucd bearing. Mr . Stitt said tbal is right. DPe Lorenz, EXCICUIM: Director of South Suburban Parts and Recreation District. 6631 South University BouleYard, passed out an intergo\'emmenl agreement which -authorized by their board at the last public bearing. This agreement would allow Englewood residents South Suburban rates at the miniature golf coune and baaing caacs at Comenlonc Pan. South Suburban residents. in return. would get Eaglnood raidenl rates ll the swimming pool Englewood is planning to build near the Home Lumber site. Mr . Lorenz advised lhal we joindy agree to line our Sld"s wort a,operativdy to create sufficient parking for the fourth ball field they would like to bllild. • wd1 • for the swimming complex the City is planning to build. In additioa, be said. be bas banded Council a leltcr wherd,y South Suburban is agreeing to pay Englewood Sl,000 per year for City servic:a to Comenlonc Park. as it was taken alf the tax rolls when it was acquired by South Suburban . Also, as identified t;arlier. he noted. he inc:luded a letta from their traffic: engineer, which he ~ addreues the cona:ms that were raised by Council in the previous meeting. Mr. Lorenz said be hopes tbal with these agreements Council will move quic:k.ly, as quic:kly • possible, to approve their revised ll1IISICr plan for Cornerstone Park. so they can c:onstruct in- line hockey and a skate board park. He stated he belic:\'es that this cooperative agreement between our two entities. when enlered into, will only benefit the citizens of both communities and that our dream of jointly clevdoping a c:enlllll park for all people of the area. regardless of which taxing entity they happen to live in. will be realized. In n:sponse to Mayor Bums. City Attorney Brownan advised tbal the intergovernmental ag,eement will come back to Council, in ordinanc:c f-. • the next mecling. Mayor Bums DOied. for the RICllld. they bad a mmiq, lhal be. Council Member Bradshaw. Council Member Waggoner and mlfmcs witlt-mSouth Suburban's baud members, in an aacmpc to wortc OUI the qualiml we had abclUI pay..-ia lilu af taxcs and iaident rates. He opined it was a very producliw meetillg ud • a reall there i. lmcD u excllu,e of lettas since. and now this Ulla'pCl1UIICll ..--nt. 11le idea bang IO wort Ibis OUI bclween our entitJes. by agreement. and 10 -Mead with South ~ ·, parlL. Ille Illa part ud allo ancthing South Suburban bas wanted for -lime. u exua ball field. ad wc cmld ~ -exua puking. Mayor Bums a,mmaMed tbal lie is Ya)' plewd tllll WC line lmcD able IO wort OD Ibis a sua:alfully a be thiaks WC line. This will -back to c-il, ll tlle DCXI ~ in Ille form of U onliauce to adopl Ibis apeemcal. He poiallld GIil 11111 ..a. c-i1 _.._. c:a _. in Ille meaMimc. bul lie thiaks we 111\'C tlle basis of M ... C bcR ud rr.kJy lie is wry plewd witlt it. Ma,ar Baras adviled Mr. Lorenz dlll they ~ llis mapcnlioa ud dial al llis ban aeaberl. Coullcil Member Clapp aaed wllat lime they clo9e Conlentone . Mr. Lorenz advitcd that their cwfew in tlle pub is 11 :00 p.m .• bul OD tlle ligllled 11111 fteldl they try to ftaisb die pmcs by 10 :00 p .m. to allow people IO leave. He DOlaS it is die -witlt Ille llliluatuR plf c:ounc. they try to c:lolC tbal down about 10 :00p.m . There wen: no l\arthcr qualioal ud tbcR -ao one die praeo1 to spea IO the iuue. COUNCD.. MDIHR WAGGONU MOVED, AND IT WAS SIECONDU, TO CLOSI TBI PUSUC IILUUNG TO GATBlll crnmN INPUT ON SOUTH SU9UIIMN'S Pl.ANNO UNIT DIWLOPUNT .uuNDIUNT fOR COIINDSTOQ PAalL A,-: Cow:11 ....._. NIIIIIDlz. Gama. Bnldllllw. Hali . ;ht ..... ,, - • . •· • 0 I 2 Ea&lewood City c-11 Febnaary 17, 1998 Paces • 0 • Waggoner, Clapp. Bums Nays : None Motion carried and the public bearing closed. , . Mayor Bums advised that tbc matter will come back to Council. for their vote. at the next meeting, both the intcrgoYemmeDta agreement and the PUD . Council Member Waggoner said be assumed. regarding tbc intcrgOVmunental agreement, that Council will recci\'c a recommendation from staff. City Manager Scars advised that that is corTCCI . 10 . C....A..- (a) Appnmd ofOrdinancles on First Reading COUNCll. MEMSD HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) ud (Ii) ON FIRST READl?(G. (i) COUNCll. Bll.L NO. 8, INTRODUCED BY COUNCll. MEMBER HABENICKT A Bll.L FOR AN ORDINANCE APPROVING SUPPLEMENT NO . 136 TO 1liE SOUlliGA TE SANITATION DISTIUCT CONNECTOR'S AGREEMENT FOR 1liE INCLUSION OF LAND WITI{lN 1liE DISTIUCT BOUNDARIES . (ii) COUNCll. Bll.L NO . 11. INTRODUCED BY COUNCIL MEMBER HABENICKT A Bll.L FOR AN ORDINANCE AMENDING Tl1LE 12, CllAPTERS 18 AND 2. OF 1llE ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO REIMBURSEMENT FOR WATER AND SEWER MAIN EXTENSIONS . Vote..-lts: Motion carried. Ayes : Council Members Nabllolz. Gama. Bradshaw. Habenicht, Wagoacr. Clapp, Bums Nays : Noac (b) Approwal of OrdinaDcles OIi Secoad Rcadia& COUNCll. MEMSD IIABENICIIT MOVED, AND IT WAS SECONDED, TO Al'PllOVE CONSENT AGENDA ITEMS II (II) (I) IN (ii) ON SECOND HADING. (i) ORDINANCE NO. 16. SERIES OF 1991 (COUNCU.. Bll.L NO . I. INTRODUCED BY COUNCU.. MEMBER BRADSHAW) AN ORDINANCE AMENDING rrn.E 16, CHAP1D 4, SECTION 17. OF 1liE ENGLEWOOD MUNICIPAL CODE 198S BY REPEALING rrn.E 16-4-17 AND ENACTING A NEW 111l.E 16 . CHAP1D 4, SECTION 17. EmTI'LED FENCES. WAU.S AND VISUAL BARRIERS . (ii) ORDINANCE NO. 17. SERIES OF 1991 (COUNCll. Bll.L NO . 9. INTRODUCED BY COUNCll. MEMBER NABHOU) •· • 0 , • • Eactewood City Coaacil ll'ebniary 17, 1998 Pa,:e9 <. • • I• • AN ORDINANCE Al.TllfORIZING 1llE LEASE OF A PORTION OF A BUilDING LOCATED AT 2909 SOUTH BROADWAY BY 1llE CITY OF ENGLEWOOD. Vote rmdtl: Motion carried. Ayes: Council Mcmbcn Nabholz, Garrett, Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays : None (c) Resolutions and Motions Tbcrc -DO additional resolutions or motions submitted for approval . (Sec Agenda llem 11 (C) - Regular Agenda.) 11 . ReplarApda (a) Approval of Ordinances on Finl Reading (i) Director Eslerly pRICllltd a ra:ommendation from the Department of Public Worts 10 adapt a biU for an onlinance m'ising ll1ICt ruutc dcsignalion on West Union A\'alUC . He advilcd that the intent of the propoeed onlinance is IO CM:rridc tbc traffic engineer and ranovc the ll1ICt route dcsipaion from a ponioo of West Union A\'CIIIIC oaly. As written. the ordinance leaves the ratric:tion of truck weights to the dill:relioa of the traffic engineer. Mr. Esterly advised that they are ming that Council apprme tbe ordinance oa lira reading and let a public hearing for March 16, 1998. The City Clerk -asked IO read Council BiU No. 12 by title: COUNCll. Blll. NO. 12, INlltODUCED BY COUNCIL MEMBER BRADSHAW A Blll. FOR AN ORDINANCE REMOVING TiiAT PORTION OF UNION A VENUE FROM FEDERAL BOULEVARD TO a.A Y S11tEET FROM 1llE DESIGNATION OF A TRUCK R~ IN 1llE CITY OF ENGLEWOOD, COLORADO. COUNCO. MDDER allADSBAW MOVED, AND IT WAS SECONDED, TO Al'PllOVE AGENDA ITEM 11 (a) (I) -COUNCO. IIILL NO. 12 ON mtST HADING AND TO SET A ruauc IIEAIUNG TO GA11mll Cl11DN INPUT ON REVISING TID TRIICK ROIITE DESIGNATION ON WEST UNION A VENUE JOR MARCH 16, 19'1 AT 7:JI P.M. Ayes : Coum:il Members Nabllolz. Garrett, Bradshaw, Habaucht. Wau,ner. Clapp. Burns Nays : None Motion carried. (b) Approval of Onlinances OIi Secoad Reading Tbcrc -DO additional items submitted for approval Oii lmllld reeding. (See AICftda ban 10 (b)- COIIICIII AFftda.) (c) Resolutions and Moliolll .. 0 •· • 0 l I • Eaclewood City Couacil Febnaary 17, 1998 Pace 10 • 0 • (i) Director Simpson presented a recommendation from the Neighborhood and Business Development Depanment to adopt a resolution approving an Encroachment Agreement for a n:Caining wall al 4096 South Cherokee. He advised that this is an appeal for an Encroachment Agreement and that Encroachment Agreements. for the City of Englewood, are typically administrative agreements that allow for use of public rigbt-of·-Y for a variety of things, such as signs or walls or fences. They are required to meet cenain criteria before they are granted and they are required to be reviewed by the Director of Public Works and the Director of Neighborhood and Business Development. In this particular case. he said. this Encroachment Agreement was going through the system and it was not approved because the wall was not in the correct location. It was denied by the Director of Public Works. He advised that Ms . Swanson. the applicant for this Encroachment Agreement, was in attendance tonight. if they would like to speak with her. Mr. Simpson explained that because this is an appeal there is no Slaff recommendation and Slaff is scelting resolution from Council . Mayor Bums aslled about the status of notice of violation . Mr. Simpson said that Ms. Swanson was before the oowt and received nocicc to prooced to correct the violation. This request for appeal is her attempt to not do that. He explaiDCld that the situation is that a wall was built. directly adjacent 10 the sidewalk . We require that those walls be built one foot back from the sidewalk . He noted that. as Council might have read from the background, there were a series of difficult circumstances that lead up 10 this and this particular agreement does not RICCI the criteria. Ms. Swanson has chosen 10 pursue this route and she is seeking direction from Council. Council Member Bradshaw asked about the rationale behind the wall being one foot off' of the sidewalk. Mr. Simpson advised she probably needs to direct that question to Public Works . He noted he thought everyone was in attendance tonight to answer lllOll of Council · s questions. He commented that. from a Neighborhood and Business Developmcnl Slandpoint. they dido 't see significant problems. But. he said. he thought it was a safety issue from a Public Works standpoint. more than anything. Director Esterly said he could address it to -extent. but in fact it is a City Council onlinancc that requires the one foot . Pan of the ratioaalc. be advised. and panicularly in a location like this. where the sidewalk is very narrow, is that it doesn't allow you to ICIUally utiliz.e the full width of the sidewalk . If you are right up agaiDSl the wall as you are walking down the sidewalk. your arms and shoulders can· t negotiale the sidewalk. Mr. Esterly pointed out that it is a significant encroachment on the use of the facility and it is already a relatively nanvw sidewalk al this location. too. Council Member Bradshaw commented that it is exceptionally narrow in that one pan . Mr . Esterly noted it is not exa:ptionally narrow. that actually there are other locations around this area where encroachments like this have either been allowed or just occwrcd without a permit and there has been no enforcement action taken and they are typically on sidewalks that are wider than this one. In response to Council Member Bradshaw. Director Esterly advised that this is two and a half feet. Mayor Bums commented that one of the notes says that Neighborhood and Business Dadopment Slaff reviewed the Encroachment Ap-ccment and finds it will have no negative impact on the neighborhood. and it will not adversely afJect adjacent propeny . He asked CllXdy what does that mean . Apin. Director Simpson said. their criteria is fairly limited and be tbought Public Works reviews it mosl.ly from the distance and location . He advised that. from tbcir standpoint. their Encroachment Agreements are really not defined all that well and when they look • Encroaclunent Agreements they -t to make sure that generally they are revocable if they 1-1 to be and tllal they don't impair development of adjacent properties. He advised that this one docs not. He added tllal they uy to make sure they don 't create silllalions for the City that can 't be resolved al a laler dale . Mr. Simpson staled that. from their SIIDdpoint. this doesn't lCClll to hfte a nepaivc iatpKt OIi the comaanity ... from their andpoint. He staled that is why this is befOR Council ... bec:aulC it takes tM to make that decision and they are not in agn,cment. He noted thal is okay . •· • C J - • Eactewoed City C•llcil Jlebnaary 17, 1998 Pa~ll • 0 • I • Council Member Waggoner asked, even when a wall is one foot behind, if there isn 't a n:quircmcnt that it be sloped one foot back away from the sidewalk. Diffldor Esterly advised that since we arc doing an encroacbmenl pc:rmit tbcrc arc sort of exceptions and they arc done on a case by case basis. In some cases they arc slopillg back and in other cases they arc very short walls. He commented that a two and half foot sidewalk imy be oby for an able bodied person to walk down there. but you get into a situalioo where anc:bocl)' is hying to manipulate a wheelchair and Slay oa the sidewalk, with elbows out ... itjust doesn 't give any room for a person like that to make use of the sidewalk. Council Member Habcnic;ht asked. if the neighbors ha\lC been <XllllaCICld. if tbcrc has been any concems in the neigllborllood about this ... pro or a>n . Director Simplllll llid not that they arc aware of. Mayor Burm noted that the way this agrccmcnt reads it is mocablc at will by the City. Director SimPIOII explained that all Encroachment Agreements arc mocablc at will. because of the fact that there is use o(public rigbt-d-way ... iffor some reason we need to lake that space back. In other words, Council Member Habenicht said, if we ~ this we would be approving that we could also unappnM: it whenever we wanted to. Director Simpson advised that is colTCCI. that one of the things that comes with this ... in this particular case ... that he thought. in the next few years. we would be seeking to widen 1h11 plr1icular Slrcc:t. He asked Direc:1or Esterly if that was correct . Mr. Esterly said that he doesn't ha\lC lhal information in front of him. But basically, be advised. the cona:pt of just letting them do it and rewiring it later on. is diffiaalt because at this point in time. by granting the encroachment permit you arc cncounging them to expend a significant amount of money on creating a suucturc. To undo that laler oa, be noccd. you arc asking them to remcM the SIIUCtUrC. which they paid 10 put up, which they ~ again pay to lake down. He pointed out 1h11 it is a linlc different if we were lalking about Paul's Ralaurant and he wants to ha\lC an ~t that allows him to put up an awning out in the stred. The COIi for him to n:1110Ye that awning is negligible . But. be commented. in this case you ha\lC a wall tbal is IUIIDing the entire lateral length of the street. Council Member Habenicht asked if it is true that it is already tbcrc. Director Esterly advised it is under COllllnlClioa . Council Member Waggoner noted it is not a,aplclcd . Mr. Esterly stated tbcrc is a portion o( it tbcrc. He advised they have been ordered to Slap wort oa it Council Member Nabholz asked if there arc any other raaiDiDg walls in the neighborhood similar to that. Diffldor Esterly aid yes tbcrc arc . Council Member Bradshaw qucllioacd if they arc within 1h11 one foot . Direaor Esterly AMed dial the retaining walls they ha\lC men ha\lC had a diffcrcat width ol sidewalk in place II tbole ~ ud to bis koowlcdF no one has raearcbcd wbedlcr they ha\lC arc peraiacd or not They arc pllysically tlleR. Council Member Wagoner said with a wider sidewalk . Mr. Esterly stated that the other ~ arc with wider sidewalks. Council Member Habenicht asked how much oC it is already CIOlllffllClcd. Direaor Esterly aid be does not koow, 1h11 be hasn 't been out there rec:cnt.ly to tour the site. He sugestcd that pcrhapl the property owner could -tlac queslionl. Council -adYiled that 20% 1111 already been COllllJUc:ted. Council Member Waaoner noted that is not much. Council Member Bradshaw asked. hypothetic:ally , if we were IO Ilk the people to remcM thc wall lhll is COIIIIIUCIDll ~ they be adYiled M to the poaiblc widlh o{ lhal llnlCl, IO they would ODly luM IO deal with this once. She asked ifstaft"would !ell !Mm. IftlleR-pllM in the WOlb to dulDec this llnlel -"ow, Ms. Bradshaw said. she doesn 't WUI !Mm to hive 10 build die wall twicie . Dil'ICIOr Esterly ;- • - 0 •· • 0 , 1--- • Ea&lewood City Couacil Jl'ebrvary 17, 1998 Pap:12 • 0 • I• swcd if there were plans in the worts to widen the street. more typically wc would wind up being in the widening business ounclves. Ms. Bradshaw said what she is trying to say is. if the wall is constructed, within these rules that we have here. would the City come back in five years and ask them to knock the wall down, because of the street improvement. Director Esterly swcd he cannot tell her at this point in time. He said he doesn't believe this street is scheduled for an improvement in the next five years. Council Member Bradshaw asked about the next ten years. Mr . Esterly advised they do a Five Year Plan . Then, Council Member Nabbolz said, it is not in the Five Year Plan. Mr. Esterly said it is not in the Five Year Plan for an improvement. Mayor Bums nocal that he is a little confused by looting at it. exactly where the c:ncroachmcnt is. Council Member Waggoner indicated it is all the way next to the sidewalk . Mayor Bums asked if ii is all along the wall. Council Member Clapp advised that she drove by this today and ii was hard 10 see the front of it. but she could sec the side of ii on Oxford. On Oxford. she noted. you have the newer. wider sidewalk and then on the front you have the very narrow . So on the busiest pan of the walkway you do have plenty of room . Then, she said, ii appeared 10 her Iha! ii narrows in the fronl of the property . Mayor Bums asked how high they plan lo go . He was advised it will be 30 inches . Council Member Habenicht said that if is 20% complded. what would be the problem for anybody who is involved in this project. to grant the encroachment for just the part they have completed. Director Simpson advised they can't. because it is the foundation that is 20% complete and in order to get corrected it would have to be put back one foot . Ms . Habenicht said then it is the encroachment pan that is complete . Mr. SimplOII staled that is right. Directing her question to Mr. Esterly. Council Member Bradshaw wanted 10 know if they asked this resident to comply with the lctlcrs from Public Worts. would they be coming back 10 1his person in the futwe and asking them to lake the wall down . Director Esterly advised they could. that that is part of the Enc:roachmcnt Agreement. that wc could come back to them if wc wanted to make any improvement to the street whatsoever. and at their COit they would remove the wall . He swcd that is uue of any Encroachment Agreement that we approve. Council Member Bradshaw thanked him for the answer. Council Member Garrett asked. if they built it one foot back from the sidewalk. they move the wall back and the City then widens the street and the wall needs 10 be removed. would Iha! be the City 's cost Director Simpaon said no . Mr. Garrett said it is not enc:roacbing. Mr. Simpson expwned Iha! they are meeting the criteria of the Encroachment Agreement. it is still within the public right-of-way . So . Council Member Bradshaw said. either way . if they continue to build the wall. they still might have to tear it down and if they follow our rules they may have 10 tear it down . Director Simpson said potentially . Director Esterly advised Ibey could. that WC could requiJe either one to be laken down . He commetUed that he thought wc have -pn,ccdcal in the pat. wheR we might amune -respomibility for rccomtructing that if it -pan of a large widening project. But wc are not n:quiRd 10 do that. Council Member Habeaidll abd if this foot were not an i-. if this would be an improvement or would it be ~ that would be an eyaore. DiRCtOr Simpson advised that tllll is wheR he came in to the siluation. Council Member Bnidshaw asked that he tell them . Mr . Simpma stated that he would ICII Council tllll he thinks it becomes an improvement. aathetically it i1 an improvement. But. Council Member Wagoner pointed out. it is difficult for people to walk on a two foot eight walk with a wall rip& beside the back of the sidewalk . Yes. Council Member Bradshaw said. and ii is difficult for kids to ride bicydcs ... that is a concem . • ,. - • . •· • C f 1- • EackwNd City C-U February 17, 1991 Pace 13 • 0 !• • Council Mcmber Clapp said that she wanted to gel some clarification. She noced we have talked about widening the 5lrcelS and tbollc possibilities. but she wondcrm about sidewalks. She asked if then: an: any plans to widen the sidewalk . Director Esterly advised that we do not have a program in place throughout the City that would routinely widen sidewalks. If we wen: widening this street. he swcd. we would go 10 a diffemit sidewalk section, probably, ifwe had enough right-of-way . Council Member Habenicbt asked if there isn't a bike lane somewhere then: on Oxford. Council Member Waggoner noted that lricyc1cs don't usually ride in bike lanes. Ms . Habenicht questioned how we can aa:ommodatc these little Irids. 1be resolution was assigned a number and read by tide: RESOLUTION NO. 46, SERIES OF 1998 A RESOLUTION AUTHORIZING AN ENCROACHMENT INTO THE CITY OF ENGLEWOOD 'S RIGIIT-OF·WA Y FOR A RETAINING WALL AT 4096 SOUTii CHliROKEE STREET. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (i) -RESOLUTION NO. 46, SERIES OF 19911. Ayes : Council Members Nabholz. Garrett. Bradshaw, Habenicht. Clapp. Bums Nays : Council Member Waggoner Motion canicd. (ii) Director Gryglewicz presented a rccommendalion from the Department of Financial Services adopt a resolution declaring the intent of the City of Englewood to reimburse itself with proceeds of a future borrowing for capital outlays at the Safety ServiteS communication center. He explained that this resolution declares the intent of the City of Englewood to reimburse itself for the costs that an: currently being expended on the communication S)'5lcm. at the newly constructed communication center . Normally when we COIISUUCl a capital pn,jcc:t. he said, we borrow the money first and then construct. He advised lbal what we are doing is having the software and hardware installed and paying it in increments. At the end of that we would borrow the funds to reimburse the City. Mayor Bums asked about tbc stalUS of this pn,jcc:t. as be thought it was suppose to be operational in March . OiRlctor Gryglewicz advmd that is should be completed by the end of this summer . Mayor Bums collllllCIIICd it wa ia. fall , dim it wa March and now it is at tbc end oftbc summer . Mr. Gryglewicz said be can 't answer tbc quesaions on tbc complexity of this pn,jcc:t. but buically all of the software is being developed. all the dala is being convcncd. it is all custom software. it all has to be tested and people need to be trained . That. he advised. is the reason why it is taking so long to gel it up and running and make sure its is 100% before it goes on-line. He Slaled that at the end of the process the Ci ty will probably issue. buically. a leuc purchase agreement on this equipment. C ity Manager Sears staled they can give Council a swus report because it has been going on a while. But, be said, communicalion syslCIIIS are n:ally complex to transfer. He reiterated they should give Cowlcil an updaled repon on that. Cowlcil Mcmber Nabllolz said that she would appreciale that. that she scrva1 on that Task Fora: and she hasn 't bcucl abolll it in I while. The relDlution was assigned a number and read by tillc : ;- • . , ., •· • 0 - • Ea&lewood City Council Febniary 17, 1998 Pace 14 RESOLtmON NO . 47, SERIES OF 1998 • 0 I• • .... A RESOLtmON OF 1llE CITY OF ENGLEWOOD, COWRADO DECLARING ITS OFFICIAL IN1'ENT TO REIMBURSE ITSELF Wl1lf 1llE PROCEEDS OF A FU11JRE TAXABLE ORT AX· EXEMPT BORROWING FOR CERTAIN CAPITAL EXPENDITIJRES TO BE UNDERTAKEN BY 1llE CITY ; IDENTIFYING SAID CAPITAL EXPENDITIJRES AND 1llE FUNDS TO BE USED FOR SUCH PAYMENT; AND PROVIDING FOR CERTAIN 01HER MATTERS IN CONNECTION 111EREWl1lf. COUNCIL MEMBER BRADSBA W MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (U) -RESOLUTION NO. 47, SEllll:S OF 19'1. Ayes : Council Members Nabbolz, Gamet. Bradshaw. Habenicht. Waggoner, Clapp, Bums Nays : None Motion carried. (iii) Director Gryglcwicz presented a recommendation from the Dcpanmcnt of Financial Services to adopt a resolution approving a supplemental appropriation and transfer of funds from the Capital Projcds Fund and General Fund to the Englewood Envirunmcntal Foundation. Inc . He stated that. accually. the funds for this project will be transfenal in whole from the unreserved. undcsignatm funds in the General Fund, to the Englewood Environmental Foundation. Inc . in the amount of $625,000. Earlier this evening. he DOied. Council met with the potential an:bitecc and these monies would be transferred there as needed. He stated they will not be transfenal all at once. they will be transferred as they are needed in the Foundation . Mayor Bums noted they did have a presentation by Mr. Tryba and be found it quite impressive . He opined tbal we have to handle our monies card'ully and we llllll many questions for them as far as their duties are concemcd. But. be said. be thought it was a favorable resolution. that we need to move ahead on the Foley's building. Council Member Gamn noted it is a two S1cp process. where we are going to have a 30 to JS day evaluation for an hourly raac and if tbal is suc::cessfuJ and we 1111M: forward, lben we will have another pic:cc:. And this is like one group of monies. as oppmed to two pieces of .-ies. which. be Slated, is the part be doesn't undenland. City Manager Sears noced tbal Mr. Rick Kabm can probably review dial. But. be said. in essence we are proposing tbal the~ be given to the Foundation with the iJllallioa of hiring Tryba as the architect. And. be explained. that covered within that $625,000, is the initial pbaK of Ibis. a 30 day review of the feasibility of the project . He asked Mr . Kahm to talk about that in a linle bit more detail and what that entails. Engineering Manager Kahm advised that the fine phase is a feasibility pllAR and David Tryba talked about. this evening ll Study Session. looking ll the building and looking al the mechanical and eleccrical . But. be Slaled, a biger issue than that. that be will be getting into, is the programming and functioning of the building. Mr. Kalun mainlained that they need to be looking al ialCI durin& tbal time frame. such as. can we put the couru in tbll building with the other 1111e1 and can it be dfeclive. will the baildin& IIXXllllmodlle tbolc type of mixed Ula and pc Ill thole ICplnlicm ud dloK types of thinr. Mr . Kahm advised lhll bis brakdown for tba1 first pbaK is S2J .S0C and the idea is dial by Mardi 20 we would have CIIIIUP ...... to -a.ct IO Council and II)' tut -dliak -CID 111111c thole 6iacticm wort together in the building. tbal they make -. and tbal the --11 projecl makes ~ -· ..... ,- •· • 0 ' Eapewood City Coudl February 17, 1991 Pqet!I • 0 • , . Council Member Bradshaw asked what the $625.000 goes for . Mr. Kahm advised that that takes us all the way through the project. Ms. Bradshaw asked if that will go to build out. Mr. Kahm said absolutely. that includes the prdimiaaly phase. the schematic phase and then you get into all of your design. which would be done by mid-summer. And 2!1% of that fee is the COIISUUClion, administration phase of the project. So, be noted, that takes him all the way through the project. it is a complete contract. Council Member Garrett said that it is his undcl'Slallding that $23,500 gets us this preliminary review and then we will have ID look at a contract and approve the contract. He commented that it seems they should only be IDOYing $23,500 today, and then ifwe go to final contract then we move the rest. Council Member Bradshaw agreed. Dircelor Gryglewicz advised that this approves the entire appropriation. But. as they have done with the Foundation before. they have only moved money from the City General Funds as needed to the Foundation and they have upialecl Council with reports on their expenses periodically. So. he Slated. they would DOI expend that money without Council's knowledge . Esseatially, Council Mcmber Waggoner said. they would approve the full transfer now. but they will only do it as needed. DiftlCIOr Gryglewicz Slated that is right. And if. Couacil Member Habenicht asked, you decide you want to do something after Council said they didn 't waat ID. could Council SIDp them and take the money back . Mr. Kahm responded affirmatively . Council Member Bradshaw llOled she was son of confused based on that presentation and she asked if Mr. Kahm could clear it up . Because. she staled, he said that then he goes 10 a percent of the construction cost. Mr. Kahm advised that his overall contract is at $625,000 and that is based on a percentage of OOlllbUClioD and what they have done with him is nego(iatc his contract. His original proposal was about SI 2!1,000 higher than where it is setting today. But. his contract calls for a fee of 8 \I,,.-. based on a $5 million COIISIJUClioa contract. If it goes up to as high as S7 million his fee drops. on that next S2 million. drops to 7 '1,% and ifwe were to go above S7 million on COIISlnlction his fee drops to 6 \I,,.-•. So. Mr . Kahm stared. it is a sliding scale. the larFr the project, the smaller his fee . Council Member Bradshaw DOied the pmzalaF is smaller. but she does 11111 know ifthal is a smaller fee . Mr. Kahm acknowledged it is a smaller pmzalaF. He advised that typic:ally this is the way thcle type of projects wort and the $62!1.000 is i-1 ca the S7 million CODllnlclion project. Mr . Kalua advised they have talked with David Tryba ~ ud they have wriucn the number of S6 millioa in the COlllnlCt and it can be changed by mutual agrecmcnL But. be noted, we have a provision in there that. if he designs a project that comes in bid higher tban wbal we have IIPIJIOWd, then he redesigns the project to come up with a project that can be built withia our budgel. Counci1 Member Bradshaw asked if this is jllll for the City Hall, jllll the Foley 's building. Mr. Kahm said yes . Mayor Bums commeated that several cities have decided that couns should 11111 be in the city hall. but rather with the police administration building or something like thal. He said he knows that l...altewood and Litdeloa are doing that. He asked wlw if we should clocide the couns should go somewbeR dse and then we have aaodler C05l to have that. Mayor Burm asked if they -taking all of that into couideraboD. Mr. Kahm ..a that is wlw thcle ftnl 30 days will tell us. 1h11 it will tell III wbctller this makes sew or if we shoulcl be looking at IClffldbing toca1ly difl'ermL He IIOled thal the Foley building 1s a oac acre foolprilll. with the ludlcaping arouad it thal is hWO aaa ud with Ille putiaa ,....._... 11 ii fiw ud a 11111 acres. So this ICll1I to bol:olae IO % of tbe project. ud • we ID forward it my be dctamiaed thal wilb tbe pade differeatial ower there and die facl thal tllis is • elevalion zero 111d tbe lipa rail aMion is 250 feet away• elevalion II and you an dealina with pades and all . thal II my be ,. _ • • C , - Eagtewood City Couacil February 17, 1998 Page 16 • 0 I • • determined that this doesn't make sense. Mr. Kahm opined that the 30 days will lell us that. So. Council Member Bradshaw said. we will have those answers in March. Mr. Kahm SlalCcl that is a critical answer to have for your developer, as well. Sooner or later we have to decide what is going into this project and it is critical that we have those answers by March 20"'. City Manager Sears advised Mr. Kahm that the question Council is asking. which he waso 't sure he undcrslood either, was if Council could give authori7.ation up to a cenain level. $23,000 or $30,000 or whatever, for the first phase and then come back to transfer the additional funds for the second phase without i.mplcling the c:oatract that you have put together with them. Mr. Kahm SlalCcl that the contract is actually for $625,000 in pbasing and we can tcrminale the contract at any point. So, in effect, if Council goes forward with this first pbale. which is $23,500, that that is all they would be expending until Council gave them further approval. So. he advised, what Director Gryglewicz is saying that Council is authorizing the expenditure. but the money never moves to the foundation . So. he said. Council is really making that decision March 20111, which is a Friday and the day they put in his contract. The resolution was assigned a number and read by title : RESOLUTION NO . 48. SERIES OF 1998 A RESOLUTION FOR TifE TRANSFER OF FUNDS FROM TifE GENERAL FUND TO THE ENGLEWOOD ENVIRONMENTAL FOUNDATION. INC . COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (iii") -USOLUTION NO. 41, SERIES OF 1991. COUNCll. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO AMEND THE RESOLUTION TO CHANGE S625.IOO TO 525,000, ON AN AS NEEDED BASIS. Council Member Nabholz said she thought that was real sman. lbcn, Council Member Bradsbaw DOied. they will sec what the 30 days tells them and then they could authoru.c $600,000 after thlt. Council Member Hlbeaic:bl llaled slic would probably Ian lounls that. except when they were doing the earlier phalc of lellUlg up die cmponlion ud cloina -of the follow-up kinds of things that needed 10 done. with tying up the ends ofdle aepci•ioas ud all ofthat. that we did a similar kind of resolution and she thought it -beDdicial to dlcir being able to negocialc in our besl intercsa . Ms . Habenicht advised that * fdl comforlablc with die raolulioa • its prclCIIUd. Mayor Bums agreed ud COIIIIIICllled that he doesn 'I think it makes that much difference . When they say they would Ct1111C back to Council for any further transfers of funds. he asked if that was right . Mr. Kahm advised thlt they an: not speDdillg -than the $23,500 ualess Council desires, after 30 days. 10 go fornrd with the projecl ... ...iurely. Mayor Bums ulled what about increments after that. S11ppD1C they go IO the ftdl COlllnld. would thcy come back IO Council for llapd increments after that. Mr. Kahm adviled thlt the aJDUact is bnlllea illto pieces. for illllallcc the ICbemalic phalc is I 0% or 15% of the cwerall fee ud the CDIIIIIUc:UOD admiDillnlioa oa the tail Clld -25% of the OYCrall fee . So. he noted, ii is bnlllea Ullo thole pieces. ' . ' •. •· • 0 f - - E•&tewood City COIIIICil Pebnaary 17, 1998 Pace 17 '· • • , . • Mayor Bums asked if Council appnwes the coa1ract if we go beyond the initial phase. Mr. Kahln staled that Council would authorize the Foundation ID ID forward . But, Mayor Bums said, they also have a conuact they are going to sign. Mr. Kahln said that is a,mct. Council Member Bradshaw a,mmeoted that they ue going ID sign a conuact for S62S .OOO . Mr. Kahm said yes. But. Ms. Bradshaw said, )'OU are only going to spend $23,500. Mr. Kahm staled they are only going to do the first., $23,500 pbale. So. Ms. Bradshaw llllfed, they have ID have this rellllutioo so they can show him they haw the momy to sign the COlllrlcl. She emrbniml Iha! she doesn't like being over a band like that. Council Member Wagoner notod tbey can't sip the CCllllnCt ualas Council IIPP"O\'el $625.000 ... )'0U have to rwilc the c:oatnct. If you dae't tnisl 11111( )'OU dae't appnwe it, if you UUll lld)'OU ~ it Council Member Bradshaw coemeneed Iha! she clorm't know if it is tbal simple. Council Member Habenicht said tbal is what she Wlllled to a ... what we gi\'Cth. can we laketh back. City Manager Sears staled that one -..... '"l'Stioa is that the Council authorize the expenditure. widi also autborizatioa oCthe tint pbale o(the project and then you don 't really get illlll the IDOIIC)'. And after the tint pbale is clone, then they come back ID City Council and uy to figure out whether the secoad. third and fourth phases all go IOFlber or wbedler ID beak tboK into pieces or lllll. At tbal poim in time. be said. they could come back to Council to say leu proceal widi the next a,uple oC phases. So. he DOied. )'OU would authorize the funds. but basically CouaciJ is then llllhorizing specific phases o( the aJIIUaCt. Basically. be said, approYal o( the agn,emenl, wilh the tint pbue approval • being the only approval given. So, Council Member Bradshaw said, we ue IUdlnrizillg the signing ofa contract they baw:a't aeea because the Foundalion is doiDg tbal type ofllllff. City Manager Sean staled the Foundllioa does tbal . Ms. Bradshaw asked why we did the Fc-mdMion City Attorney Brotzman advised it -to put aa extra burdlc in any enviroamea&al liability and lincc they own the property, it now would make -· that the owner would be hiring the an:bitect. But. CouaciJ Member Bradshaw said. it is our momy. Mr. Brotman said that is CIOffCCt. V•realu•CM T f Aya: I: Council Melllben Nlbbolz, Gama, Bradlllaw Nays: Council Me111ben Hlbenichl. Wagoacr. Clapp. Burm Motion clcfealed. Council Member Wagoner called for the qllClbOII on the resollllion. V• ,-la• Ille..._ te a,p..-1111111• Ne. 41: Ayes : Council Members Nlbbolz. Gama, Bradshaw. Habenicht Wagoner, Clapp. Burm Nays : None (iv) Dinlclor S-,.. ...... a,..,. dMion from the Depm-of .... Dcvelopmeal to lpplVWC, by --die MilllrlKilcllel Prodc.elapmeal ~- • I •· • 0 , }- - • Ea&lewood City Council Febnaary 17, 1998 Pqe II • 0 I • - Mayor Bums advised that be asked City Attorney Broczman about this earlier, to explain exactly what wc arc doing ~ because this is not a full development agrecmcnl Din:aor Simpson advised that this is the period of time, that is a 180 day period of time, that wc have defined ... Council Member Bradshaw asked if it is 180 or 90. Several Council Members said 90. Mr . Simpson staled there is a 180 day predcwlopment period that allows for a development plan to be creared. And. he said. that is being crated bued on Council• s December I 5th direction for that conceptual TOD plan. He advised that this conlnlel calls out for six clements, six TOD's. Transit Oricnled ~ts clements, to be considered in the dcYclopmcnt plan. It also calls for a 90 day pop-up period. that would require the developer and our owner's reps to come forward to present to Council an opplll1Wlity to find out whether this project. using as much as possible, the six Transit Orienled Development principles. whether ii was financially feasible. 1aaat approvable and included lhosc TOD clcmeots. City Attorney Brotzman suggesled that on all tbn:e of lheac llllllioas, to llllkc it c1carcr. if they would add. after by IIIOlioa, add the words "the City Manqer 10 fiulia." He pointed out they don 'I ~ a final agrccmcm on uy of lbcac ycL These arc all in draft form. he said, and they need 10 finalize all of lhcsc agreements. He advised that they don 't cvcn have a draft of the Miller/Kitchell agrccmcnl yet Mr . Broczman explained that what they arc really approving is City Manager Gary Scars to finalize lhcsc llucc agreements. Council Member Habenicht said that she wanted to clarify that lhcsc arc the three agreements 1hcy discussed at the Study Session and that Council is rccommcnding that they go ahead with lhc agrccmcnts as they understand them to be. To be finalized by the City Manqer based on wha1 all of Council UDdenlands ii to be. She was advised that that was com:ct. Council Member Waggoner llOled ii is kind of a concept agrccmcnt. COUNCU. MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, FOR THE CITY MANAGER TO nNAUZI. THE PRE.DEVELOPMENT AGREEMENT WITH MILLl:11/KJTCBELL Ayes : Nays: Motion carried. Council Members Nabholz. Ganett. Bradshaw, Habcnichl. Waggoner. Clapp, Bums None (v) A rccommcndation from the Departmcn1 of Business Dcvelopmcnl 10 approve. by motion, the Citivcnturc Associllcs Agrecmcot -COlllidcrcd. Council Member Bradshaw Slated she had a queslioa oa this one. She asked if this includes Deq,waler Point Compuy also. Director Simpson said yes it would. So, Council Member Bradshaw said, then the IOCal is S 12,SOO for both. Duector Simplllll said no , it is a consultant contract to act as owner's reps that would include Marilee Utter and Tim Lcoaard to act as our owner's reps . It is a cap ofS12.S00 per month for lbolc scrvica. City Manager Scars said this is for all of the consultants within their g,oup. It was noced they will be within that umbrella.. E,u:ept. Council Member Waggoner said. for Callhorpc . Director Simpson said yes. that is a separate issue . COUNCil. MEMBER BRADSHAW MOVED, AND IT WAS SICONDID, FOR THE CITY MANAGER TO nNALIZI THE AGREEMENT WITH CITIVl:NTUU ASSOClA TIS. Council Member Wagoacr mmlDCD!Od lbat wbca you look ll dlil orpniZ!fioall dilpUD itjull ama like there is too much space bel-. our City Maaa,er and Ille dcvcloper. He noced we ~ a lot of people in there and a lot of time CIOIIIUIIICd jull goina from oae puty to the other. He staled tlull it jull ..... .... ., •· • f Eaclewood City Couacil February 17, 1998 Page 19 • 0 • ;- • seems like, to him, that 'M: are duplicating services somewhere. Mayor Bums asked if this is linear or son of side by side. City Manqer Scars acknowledged that is a legitimate. real concern. He said he has had a discussion with Tim 1.-ard. Marilee Utter and Bob Simpson and he thought their intent was that they were going to scpanae tbcmsclvcs from the cb'elopcr or the way they were going IO work with the developer and kind of be the rcpn:scntativcs through them. And. he advised. he disagreed with that. Mr. Scars stated he agrees. that if there is something the developer can't come IO some conclusion on, if there is something he can't work through them on. then he needs IO come sec him, the City Manager. and then they need to work as a team to Uy IO resolve the situation. City Manqer Scars stated that he made that clear to Tim Leonard, because he: has the ability to go over his head IO Council on some basis. if again, it is of impact IO this cb'elopment. He pointed out they all just want to make the development the best that they can, but on a day to day basis. he: docsn 't really sec that he is going IO be worting with Skip Miller. as he: sees that that would really be their responsibility. Mr. Scars advited that what he: has asked Bob Simpaon to do, and askcd them to do, is focus on issues that will be of concem . as this gets developed. Such as parting, the l1'lllllpOltalion that goes through there. the way the Plaza works. and the Foley· s types of things . He noted there are probably six or seven i55UCS and on those i55UCS he: would sec them working pretty much as a team. Council Member Habenicht asked City Manager Scars if he: felt the direction would be clear if Council passes this motion. Mr. Scars stated Council could add some language into that motion. if they would like to, that says that Council feels that the developer should also be present as a panicipanl with !he Ciiy Manager. He opined that would be fine. He commented that since they had Iha! meeting he: dido '1 gel them to review that. but that is his intent on how this is going to come logethcr. Basically, Council Member Bradshaw said. what we have is a City team and the developer's 1cam . She was advised 1ha1 Iha! was right. So, Council Member Waggoner said. there is not a big bunch of people in bctwccn. Council Member Bradshaw commented that we are just all on the same team. Mr. Waggoner said then it docsn ·1 take ten days IO go from one end to the other. Council Member Bradshaw asked how long it should take. Director Simpeon advised it sboulcln't take but about two minutes. which is a telephone call. Council Member Waggoner stated he has some qucslioas he: is cona:med about. He said he: doesn 't know whelbcr it has been explained IO Council. by either of the tcams ... thll he koows they talked about selling pads at the last meeting, doing this and doing that ... but that he: is not clear who is going 10 own this property after we are all done. One time. he noted. they talked about transferring the ownership. because they didn 't want the City IO be owner for any period of time. because of liability and lhc cost. and now we are talking about selling pads or we have talked about selling pads. He askcd who will own this properly after this is all done. Director Simpson Slated that it has been the intclll as we have continued forward that we own the parking within the entire project. That has been kind of the intenl since our beginning and it still remains that way . Council Member Waggoner asked who owns the pads. the buildings . Mr. Simpeon advised that lhc pads may be owned by the developer or the individual tenants. Then. Mr. Waggoner asked. how do we asswe ounelvcs that we are going to keep this area in good rq,air and looking nice without an overall owner. either. be it lhc City or be it the dcvelopcr. or a homeowncr's association type of thing. He qUCllioncd how we can guarantee ounelvcs that. Actually. Director Simpeon advised. those are 101DC of the methods, there are mechanisms that are out there that can be put into place that 8IIW'C thole kinds of things. Council Member Waggoner asked when those will be addressed. Mr . Simpson Slated thole will be addressed and it is a mechanism similar to a homcowncr's association and they become a set of covenants that aovem behavior and tenant houn and kind of the appearanc::e and all of thole kinds of things aaoc:iated with tenants. So that will be addrcsaed. he advised. a we tDCM forwmd. 11lcn, Council Member Wagoner said, we will haw: another maiDICDUICC agreement li1lc we bad on Cinderella City for the parking. Direcl0r Sillll*)II swccl that he has never seen that. Mr. Waggoner said he was sure lhc City doesn 'I want to Slripc it. sweep it. clean ii and repair ii . •· • , . ; ; Ir, f • I.a&lewood City CCN1acil February 17, 1998 Page 20 • 0 • Mr. Simpson said that we would probably, on the parting ponions that are owned by the City, end up having to create a maintenance agreement for the parting areas. Council Member Waggoner said then any tenant would pay into the maintenance agreement, that type of approach. Mr. Simpson stated they will sure work on that part, make sure wc get some RVenue generation . Director Simpson opined it is their intent that wc maintain long tcnn control over significant ponions of this propaty. Council Member Waggoner said that he knows. wi-we were entering into a development contract. that was one oftbe things wc discussed quite heavily. Mr. Simpson staled that is comet and it slill remains an impol1anl goal. Council Member Waggoner empbasiu:d that he saill ~ we arc duplicating dl'ort. Dim:IOr Simpson said that is true. He said the thing he would say is lhll thc,e iuy be -cluplicatioa of effort. but he opined that wbal is crealed is some -that have ~ IJUll to allow this project to move forward . He acknowled,ed thcle is -cost aax:ialed widl that duplication. but there is also some significant progress that is occurring bec:aule of it. ' COUNCll. MI.MBI.R BRADSHAW ADDI.DA FRIENDLY AMI.NDMI.NT TO THI. MOTION - "AND THAT THI. CITY MANAGER AND THI. DI.VELOPI.R CAN TALK AT ANY TIME IF I.rnn:R PARTY RI.LS IT IS NECESSARY." Vott realtl: Ayes : Council Members Nabholz. Garrett. Bradshaw. Habenicht. Clapp. Burns Nays: Council Member Waggoner Motion carried. (vi) Din,ctor Simpson presented a recommendation from the Department of Business Dndopmcnl to approve. by mocion. the Caltborpe Associala Agreement. He explained that Caltborpe Allocialcs would act as advisor. CMmeing significant Transit Oriented Development principles and seeking to provide that review capacity to David Tryba Alchitcas. as the developer 's ardlitect. So in essence. he said. what we have crealCd ~ is polClltially the City design review capacity aver the deYdoper and where the project is ping. City Mauger Scars said he t.binb in ICl'IIII of f'wther c1arificMioa. that he believes in their discussions and in bis dilCIISionl witb ~ Caltborpe lhll be would be mainly ~ through Tim Leonard and Marilee Uacr. He n:ally wouldn't be comin& to the City Maqcr. bul be imy be in conuxt witb Bob Simpma. Bui. Mr. Scars DOied. it will be much lea diRICI lllan. say , ~ witb Skip Miller's team . He opined tbal. apin. lhll door will be opca on -kcy iaa they imy briag back. But for the IIIOll pan be would be ~ witb Tim 1..coaan1 and Marilee uacr . City Maaaaer Scars IWed that he also knows lhll thcle arc some aJIICCl1II in the agreement and lie cloan 't ~ bow well they have been addreacd, in terms of the City 's requirements on ownership of documents and thole things. City Attorney Brotzman advised that they are noc incorporaled ye&. but in principal they have been agreed to . Mayor Burns asked if these: are questions railed by Mike Miller and yourself. Mr . Brotzman Slated that those are being inc:orponlCd into the new agreement as well. Council Member Bradshaw asked if that is $25.000 tacal or $20 .000 total . Direaor Simp,on said he bel~ the COlllnCl rad $20,000 total and it is for I period of 90 days . But. Ms. Bradshaw noced. he wants $5,000 up front . SIie was advised tbll was oorrcct . ' " - I· • 0 . , ·~ : lrt, ' J • Englewood City CINlncil February 17, 1998 Page 21 • 0 , . • Council Member Waggoner advised he had a Slatement to make. He said that it seems like, to him, that anytime you get two architcclS uying to agree on one: thing, it is just totally impossible and as it is a duplication of service, he advised he will be voting no again. MAYOR BURNS MOVED, AND IT WAS SECONDED, Ji'OR THE CITY MANAGER TO nNALID THE CONTRACT WITH CAL THORPE ASSOCIATES, CONSISTENT WITH THE COMMENTS OJI CITY ATIORNEY DAN BROTZMAN AND MIKE Mll.LER TBA TARE CONTAINED IN THEIR MEMORANDUM IN THE COUNCll. MATERIAL Ayes: Council Members Nabholz. Garrett. Bradshaw. Habenicht. Clapp Burns Nays : Council Member Waggoner 12 . Galeral DilCllllioll (a) Mayor's Choice I . Mayor Bums advised that several Council Members went on the RTD tour of the Southwest Corridor Light Rail Project last Thursday. He thought they were really impressed by the presentation. the slide presentation in Littleton. and about how fast this project is moving. He pointed out it is on time and it on budget and $4 7 million is in the administration budget this year for this project . which RTD is quire pleased with. Mayor Bums advised that he. City Manager Sears and the Mayor. some City Council members, the City Manager and AssiSlaDt City Manager from Littleton. met today with Representative Dan Schaefer and discussed this with him. Mayor Burns said that he continues to be very supportive of the Southwest Corridor Light Rail and he did swe that the $4 7 million is just the budget proposed by the administration and the Congress actually puts the budget together. He advised chat Representative Schaefer said that once these projecls liW1 they aJlllinuc to be funded. the only caution is ... as they saw in the paper today ... is the unfoltUDale pllling of Russ Tarvin. a very supportive RID board member for the Southwest Corridor. He DOied thee was an illleraling scheme. described in the paper. about bow his rrplacerncn~ was going to be sdcclCd depending on bow many rcgisten:d voters there arc in the City and County of Denver and bis disuict and Arapahoe County, and who selects. Mayor Burns opined that it is very important to have Mr. Tarvin replaced by someone: who supports light rail. because there arc still CDOUgh votes down theR to put this project in some jcopudy. For. he thought. if that board ever voced to reject funding. from the cum:nt budget. it would be a very haz.anlous thing for this project. Mayor Burns advised that he is pcnonally calling board members of RID to just touch bue with them. The transportation conferaice thaa Ibey attend every year in Washington. will be held March 811, to 1111, and they will be visiting Conpas then and of coonc their Chair. Mr . Ca1dara. has been vocally in opposition to this corridor and written letters uying to reject funding and encowqe Congress to reject funding and so fonh. Mayor Bwm DOied thaa be fdt a certain amount orthaa is going to be going on. so he feds it is imponant for us to lleep in touch with thole board memben and lleep in touch with this process of the rcplaccment of Russ Tarvin. He said be has ukcd thaa we IIClld a card from the City to his family. because we unanimously supporu,d Guide the Ride and we have all supportOd this project.. Mayor Burns noted the paper reported on the meeting that was bc1d in August al the nuning home after he had the stroke. and he stated, that wu an heroic cfl'on for him to go to that meeting. Mayor Bums advised he was there and it was something for Mr. Tarvin to get through that and he has gone to a couple of mecungs since . lbat meeting appnwed $62 million in new COlllnlcU for the Southwea Corridor and Mayor Bums pointed out. it wu a pivotal meeting. So . he said. he lhinks the City II very thankful 10 Rua Tarvin for the wort he has clone . 2. Mayor Burns swccl that he also c11joyed going to the VFW Post 322 6S• Anruvenary pany on Saturday . He noted Council Member Nabholz came over too and they met the membcn and celdlraled .. - "~ • . •· • 0 - • • • Encte,rood City Council Febnaary 17, 1998 Pace 22 • 0 ..• • with them. He commented that it is quite an organization and they have many members of that group. that have been around for 40 or SO years. since the second World War. that have put in countless hours of service to the community through that organization. 3. Mayor Bums advised that on February,.,. he was elecled the Chair of the Metro Mayor 's Caucus for the next year. He said they did have a discussion at that meeting about the legislation in the Colorado Legislalum to change the governance at RTD. He notcd it was not on the agenda. but it was brought up for disamion and he cautioned them against taking any stand on that because he thought that was dangerous for the City of Englewood and it was not a good thing to do. They did not take a position on that. And sure enough. he said, as they saw a few days ago, that bill was killed in the Senate TransponalioD Committee. So, he opined. it was fortunate thing to do. 10 not take a position on that He Slated 1h11 so far it hasn 'I taken much time and Pauletta Puncerelli went 10 the meeting with him and was very helpful . Mayor Bums said he does not see it as taking a great deal of time. He advised Council he will tell them, and he did at that meeting, that if there is anything being discussed 1ha1 he lhinlts the City of Englewood should take a particular position on. or thal he should not take a position on himself, that his first obligation and loyalty will be to Ibis City as far as that body is ~nccmcd. (b) Council Member's Choice (i) Council Member Nabholz: I. She said she also wanted 10 say congratulations 10 the VFW on their 65th Anniversary . 2. She advised Council !hat the third and final meeting to discuss the General Iron Works plan and what the neighborhood would like and would not like, will be Tuesday the 24th . from 7:00 p .m. IO 9:00 p .m . at Bishop Elementary. She said she also has !hose flyers IO pass oul. 3 . She noted she is looking forward to the Code Enfon:cment meeting IOmorrow night in regard to the Public Nuisance Ordinance. Ms. Nabholz commented that hopefully they can tum the heat up on that 4 . She stated that she spoke to Susan Clark in regard IO landlord registration and she thinks they need to bring it up at Study Session fairly quickly so they can address ii once again . S. She advised that her constituents have also asked if. after these meetings. she could possibly mee1 with them once a month . Ms. Nabholz said she needs to ftnd oul if that is accepcable. If she could meet with her c:omlituents once a month. in the Library or somewhere, just keep it a set time . whatever is convenienl for them. whether they show up or not. She stated she is more than willing 10 do that. 6 . She stated that she has quite a few code problems and she is really getting frustrated with this problem . One of them is the Gothic and the second one is a citation that was given 10 3057 South Broadway in regard IO merchandise on the sidewalk. however the saore right next door was not cited. Council Member Nabholz pointed out that we have sandwich boards up and down this City and banners. She said she feels that ifwe are going IO cile one. we might as well go up and down Broadway and cite the rest of them . She stated that Carl M. Duncan. the CPA wbo owns that property, would like for her 10 read his letter into public. Ms. Nabholz read "To Whom it May Concern : Please be advised that the real eswe located at 3057 South Broadway. Englewood, Colorado, has a building which is set back about ten feet from the sidewalk . This area. on which there is no building. but which has outdoor carpet. does not belong to this City or any other municipal authority. but l'llher is private property. owned by my client. Joan L. Duncan . Her rcnlen pay for lbc lplCC 111d are IUlborizcld IO use it in any way to p,omote their business." There again, Council Member Nabholz said. if our ordinance Slates "everything off the sidewalks" then lets enforce ii. •• ,- I· • C f • • Ea&iewood City CCIIIIICil February 17, 1998 Pai,e23 • 0 • ,. - I• • She advised that in the 2800 block of South Sherman. in the alley between Sherman and Grant. approximately four hoUles down from Amherst, there are six vehicles in the alley. One has 1996 Colorado license plata and two others have no license plates at all. There are approximately four unlicensed vehicles in front of the house and they belong to the same individual that lives there. Ms . Nabbolz swell the lady that lives behind this house can't even get into her own garage . She said she undenlands that the lady called the police the other night and when they called back they said they could no1 locate the problem. So she was very frustrated. At the comer of Bates and Broadway • towards the alley. all cl Broadway and Lincoln. on the nonb side of Bates, tbcre are so many large vehicles where this individual is working on them. that a lot of times you canDOI have two way traffic on Bates. You cannot come out cl the alley and successruuy make that tum to head west. Mayor Burns asked about the mning there. C.ouncil Member Nabholz advised that it used to be a limoulinc service and the guy works on cars. it is right behind the check cashing place and it is a problem. But. Mayor Bums asked. what is the zoning. what is allowed. Ms . Nabholz said she was not sure. she would have to look that up. She commented that she thought it was B ., Council Member Bradshaw advised that it is B-1. Council Member Nabbolz Slated she is sorry. but that she also feels the fiustration of this. that she has to continually bring up the same addresses over and over. She noted that she is a Council liaison. as is Mr. Garrett, on the Code Enforcement Advisory Committee and she thinks it is time we turn up the heat and we act on this stuff and quit talking and roll up our sleeves and get to work. (ii) Council Member Bradshaw: I . She advised that she wrote a thank you note to Bob Tonsing fo.-the RID tour. She told him he really knew bow to throw a tour. 2. She staled that she bu a question and a conc:cm about 5IUdy seaioa items. Ms. Bradshaw opined that Council needs to deal with ooe thing per 5IUdy eaioa, • she fdt cbclled tonight with the architect. Either that. she said. or they need to meet Ill S:00 p.m. if they have two items. She Slaled that just wun 't fair, as she didn't feel they finilbed with the Housing Authority, and they didn't give the architect his time either, and she clocsn 't like to fed rushed like that. So. she Slid. they are dealing with two matters that she considers cootnwersial. "time to think" matters and they need to limit those on study sessions. 3 . She noted she had the complaint apin. and this was the same complaint raised by Bill Belt on the 26•, about transients in BcUcvicw Park . She asked if there was any enforcement going on . She said she tbougbt we were going to look Ill that. They are by the shelter and al one time they were having wild gllbcrinp there . She comtnenfed that she didn't know that they can have that in the winter, it has been a little chilly, but that she was sure in the spring that beau up . She noted there is also a nudist in that area . Additioaally, she said. Ill ooe time people were burning the shingles oll'that one far shelter, in the fireplace, to Ila)' wum. Ms. Bradshaw said she doesn't know if that has happened lately, but she suggaled they might cbeck to see if our shingles arc still there. 4 . She staled she would like the Code Enforcement Committee, or someone. to look at increasing the penalty for graffiti. She said she still thinks that is a viable thing. S. She said that sllc. Mayor Burns and Council Member Clapp need 10 set up at time to talk about the Housing Audlority ~- (iii) Council Member Clapp: ., •· • 0 , • • • Eapewood City C1111ncil February 17, 1998 Page24 • 0 • I • 1. She said she would also like to congratulate the VFW . as she also attended. She noted she had a very busy schedule Saturday, but she was then: towards the middle. to congratulate them. and she thought it was imponant. 2 . She said she thought it was real interesting that Council is talking about code enforcement. She noted she brought up a situation with Cricket Thicket, at the last regular session. and talked about the King Soopers trucks. Apparently. she said. code enfon:cmcnt went out and spoke with the two owners. and according to her Council request packet. they said that there was DO problem. basically. Well. she advised, she ca1led the owners today and ukcd if this wu resolved to their satisfaction. Ms . Clapp stated the owner told her she couldn't believe that it would say that there is DO problem, that that is not what she told Joya: Parsons . The owner said she told Ms. Parsons it wu a coocern. as her business is growing and she would like to know where they draw the line with public parking and storing business vehicles. The owner stated that as a citizen she would not be able to come down there and park an RV and she asked what wu the diff'emu:. Ms . Clapp commented that we have a very unhappy business here and that she is very disappointed that code enforcement did not handle it a little better ,than that. She maintained tlia1 we arc talking night and day between the response of the business owner and what she is being told in the Council request. Council Member Clapp stated she can't tell Council how disappointed she is with that. It concerns her a great deal and she wonden:d how many other code enforcement requests she has made that have come back to the contrary. Council Member Habenicht advised that several of them attended the Chamber of Commerce's annual meeting and at her table that was a topic of discussion and there was concern about those trucks. She stated she heard it from a different business as well. that it is really detrimental . Council Member Clapp stated she would have to agree with Council Member Nabholz. that perhaps this is something that should be looked at in another area of the City . Ms . Clapp opined that Chris Olson docs a good job as a Safety Services Director and she is sure he is a fine officer and a fine fireman . But. she said. she docs not know if he is good at code enforcement. City Manager Sears suggested that Council make this a subject of a Sl1ldy ICSlion . Poccnlially, he noted. they have a fRc night the 23"', next Monday night They bave a ~ night that night but he said. they could focus oa code enforcement or they could make it a lllbject for tbe 2"" and go lluuugh the list of sbon tenn ilemS and focus in on each of the issues they bave l2ised, or bow we addras code enforcement issues. He advised be would be happy to move in thal dinx:lioa if Coanci1 would like to. Mayor Bums asked how that dovetails with the Code Enforcement Advisory Committee and when: are they moving at this point Council Member Bradshaw aslled if Council is doing their wort . Council Member Nabholz said no. not necessarily, that she thinks there needs to be some direction from Council. But. she noted. she thinks it is interesting wben Council lalb aboul tbe gnffiu removal . or some of the regisUations or public nuisance ordinances. that they want to k!c* al. thal they give it to the Code Enforcement Advisory Committee or the Clean. Green and Proud CommiRiM . Ms . Nabholz maintained that sooner or later Council has to Slcp up to the plalc and tallc 1~li1y. That she said. is what they have hired these people to do. She opined the -,, the beaer. t1lal they take a loc* at this. Council Manber Habenicht maintained that this &aka tllan badl IO a coaccm t1lal Ille brings up every once in -bile thal has to do with the adminillnlive policy onli-tlull we have J-.i and the way our depanmcnu bave chanpd willy-nilly, fnlm here to t1lere. 6-llcrc to there and code enforcement has been pmcd oil like the bid boy or somdlod)'. Crom a. dcpulmcal to uotber. to tJus to tlull . She said she really docs think that Gary Sears is new and he has IO loc* at how he wants tlus 11 10 be done and she docsn '1 know if Council should be rushing him IO -quaaions. BuL she poillled out that docsn '1 • •. .. I· • C , Englewood City CCNlacll February 17, 1998 Pqe25 • 0 • mean we sbouldn 't be addressing the code issues and all of that, but she is thinking that rather than trying to do a really quick study session. that maybe it is one of these adminisuative things that be needs to be looking at ... where docs code enforcement fall into place and bow is ii being done ... while addressing the immediate needs, but maybe looking al the overall problem. Council Member Bradshaw noted that it used to be in the old. old days, even before her other term on City Council, that policancn ... when they were out and about ... would take notice of code violations too. if they bappeDed to DOticc it Now, she Slid. ii seems that wc spend a lot of our time doing things that arc pretty obvious, like the property she reported across from Miller field. The guy said take me to c:oun. That was bis 1'C1p0111e to that. Ms. Bradlbaw acknowledged that is a lot of City rcsourccs. but we are in the City and we nced to make our City a pretty place to live, a safe place to live. Council Member Nabholz staled she agrees with Council Members Habenicht and Bradshaw, that City Manager Scars needs to take a look a1 it and wc also need to do the enforcement aspect of it and noc the selcclive enforcement. She emphasized that this is making her crazy . Ms . Nabholz commented she felt like Council Member Clapp, as she got back that her request was completed and there were no problems. She staled she has a problem with that. because she physically goes out and takes a look al this stuff. Council Member Clapp said that her major concern with that is not only did lhc problem not get resolved. but she is being told one thing from code enforcement and another from the property owner . 3 . She said she would like to pass along her thanks to Division Chief Vandcrmec for putting out the sman car. Obviously, she pointed out, from the complaiaCs of its prcscncc it was needed. She advised that she would appreciate his enforcement in that area. (iv) Council Member Waggoner: I . He advised that tonight be pve to City Manager Scars an audit that was sent over from EDDA. He said be was 11111 sure who that was suppmed to go to, but he assumed Mr. Sears would find the proper party. Mr. Scars UIUl'ed Mr. Wagoner be will delcrminc if it is Dan Brownan. Frank Gryglewicz or Bob Simpma. 2. He noted be had copied. and !ICIII out to each Council member. Cinderella City comments from Clifford Wcinbcrgcr. He said it was made clear at the EDDA meeting, that that was not the EDDA 's polilioll. that thal was only Mr. Wcinbcrgcr's polilioa. 3. He said regarding the cncroacbmcnt, that OD the cncroachmcnt agreement it says that they have to indemnify, bold harmless the City. Council Member Wagoner asked if they shouldn 't give the City a CCl'lific:ale of imurance. !isling the City as an addilimal ilmlnd. City Anorney Brownan advised that WC haven 'I done that. but WC can look inlo it Mr. Wagoner poilllCd out that if somebody gets hun OD that wall, it would 1e1:111 like wc should be an addilimal insured on lhcir inswance policy, so wc don 't end up funding IOIIIClhiq that WC are IIOl llippoecd to do. (v) Council Member Habcaicbl : I. She said she wanted to Slate for tbe record that she bas RICCiwd a pboae call from Al Vormittaa and be leads his best wishes. Mayor Bums med wbcR be is. Ms. Habenicht noted her hlllband Chudt took the call, u she was at a meeting. She said Mr. Vormittag. 11 that time, was in Texas. and they were 1111111p111 a liUlc swc camppound for IOIIICbody while lllcy wac llkin& a vacaaioo . They MR really having I good time and meeting I lot of illleratiag people. Mr. Vormittaa wished everyone well . ..... "' - • ... •· • 0 ' ") I • En&tewood City Council Febniary 17, 1998 Page26 • 0 • , . 2. She advised that sbc attended the CML legislative workshop and policy committee meeting. Ms. Habenicht said she just wanted to draw attention to the two son of surprises that came out of the policy committee. One was the recommendation from staff to oppose Manha Kmatz's health insurance bill. She said sbc thought it was very interesting that the discussion chose to take no position in monitoring. Perhaps. Council Member Habenicht suggested. since she is our rcprclClllative wc may want to let her know that wc were not suggesting opposing her bill . She opined that could be very positive. Also, sbc noted, Senate Bill 6, Standing, confers political subdivisioas Slallding to assen or defend property or contract rights with each other. The recommendation, the VOie, from the growth committee. was to oppose, but it was very highly controversial. She said sbc tbougbl that maybe this is something. that if our City Attorney is not aware of. that maybe wc look into it to sec what implications it has for Englewood. Bccausc, she noted, it is dealing with municipalities or Olbcr govcmmcnt bodies having standing with each other. It is bow wc relate to South Suburban. bow wc rclatc to Sheridan, how wc relate to Highlands Ranch. bow they relate to us and sbc opined. wc nm! to look at it carefully and make sure that wc arc either supponing or not supponing something that is in our own best interest . She stated she thinks it is complicated and wc need to look at it. 3. She noted, regarding the intergovcmmcntal agreement with South Suburban. that Council has not really discuacd it If they are going to have it come forward to Council. she said. she wanted to ask if this tacitly lppl'OYCS that fourth ball field and would they have to come back . She advised she has some concern about thal. because of the neighborhood. and having real problems with the lighting, and that and really impacting the quality of life for the backyards there . She noted here wc arc taking such great pains to prou,ct -Littlclon residents on the other side. from some lighting problems. and here wc arc Oood lighting these backyards. Council Member Bradshaw noted it is until 10 :00 p .m . Mayor Bums noted they can do an amended PUD to do that and they could bring up those very same issues. City Attorney Brotzman said 1h11 is right. Council Member Bradshaw adviled that those issues can be raised again. as far as 1h11 agn,cmcnt. Council Member Habenicht swell 1h11 is what she is really concerned about and sbe jull tboupl sbe would make sure that Council knows those are issues out there and that wc do have raidems 1h11 have been IJying 10 communicate with Soulb s.llUltlan _. the pall three to tivc yean ud tbcy lave been bnllllcd off and blown off' over this. Sbc said sbe jail wanled 10 make sure wc are 11111 givilt& away the farm . ~ Bums asswal her that they do aac have cane blanchc to build wb1tcYer tbcy wal. COUIICil Member Bradshaw noted it -alto tllc facl thal tbcy would help pay half o{ tbc panillg a tllc pool too. 1h11 was the trade off on that. Y cs. Ma,-Bums Sllld. to tllCl'Cae the parkilll, In reprd to tbc paitiag. Council Member Clapp said. she noticed 1h11 tbcy smd they would spill C01U on parting to aa:ommodafe these things with us. She asked if they are alto willing 10 contnbutc the same amount of land for pamng that wc are . Council Member Habenicht ... ed she agrees that 1s an unponant pi«;c. Sbc asked if that is in tbcrc. as sbc didn 't recall seeing that . Council Member Bradshaw asked Council Member Clapp what sbc meant and asked that she say 11 another way . Ms. Clapp said if wc are going to split the COIU for parting in this agrccmcnt. for the swimming pool and all of this, sbouldn 't wc also be putting up the same amount of land for putting. Mayor Bums DOied that tbc question they had was they wouJd take tbc pamag that otherwise wouJd be on the City 's property. on the site required. and move land over into tbcir property. w~ tbc ball tidds are. In other-*. 1111c tbcir property, to expand the pamag. So, Ms. Clapp said. they are going to pu1 in land. Council Member Bradshaw Slated they are contributing land. plus they are going to enhance the puttina lol to tbc -,Ji. Sbc COIIUIIClllcd thal during thal mediag, nay oacc in a while. tbc whole group would lean hick and go ... "wcll we arc gelling our share" ... so sbc said, the body language was pretty evident. • •. .. •· • C ' - Ell&lewOINI City COUDCil Pellnaary 17, 1991 Paae27 <. • • • ,, - , . • Council Member Habenic:bt c:ommeDled that she noliced there is land across the street. from the ballpart. for sale right now. Council Member Garrell asked if that is on the west side of Windermere . Ms. Habenicht aid that would be a lot closer than any other parting to that ballparlt and she thought that would be a nice place for them to have puking. And it wouldn't interfere with our nature area . Council Member Bt'lldlbaw asked if it is by RBI . Mayor Bums uked if it is by the car wash . Council Member Habenicht said it is 90llleWbere there. 13 . (a) City Maalpl' Scars tblllbd Council and 11d; beclule be aid be really thinks it bas beea a lot of-", dial a lot of people bave put into it, to -abead widl tbe Cinderella City project. And, be aid, be thinb I.bat with tbe qreemaa and tbis 90 day time hme. dial ..e have a mission to move abead OD tbis project and pt it to a IIIIC whee it can be built. But, be SIited. he knows staff' has WOlbd bani on that and be jUll Wllllfed to say thanks to them for their effiJns and to Council fot their IICIUtiny and review. (b) City Manager Scars advised that he was scleacd to go do a review of a graduate school of public affairs program in Santa Fe . He said they arc paying the full way and he will be taking a couple of holidays that week. He DOied he just wanted to let Council know that he wouldn 't be here la&cr this week, for that pwposc. and the City is in good bands with Chuck Esterly and staff'. So. he said. he was sure they will take care of thinp during the time he is gone. (c) City Manager Scars staled he appm:iated the comments on the code enforcement. He advised be will make that a high priority . He said he knew that would be a difficult issue, as it is in almolt ~ city around. He pointed out that it is not only the manner of what the violation is. but how ii is followed up on. It takes a lOl of skill and ability to deal with both sides of these issues. Mr. Scars ~ that he hasn't really looked at that, but what he would like to do is work toward some long term lllllllion. It will take a little bit of time. but. he noted. he is IIOl swe if it is being as clfcctivcly done as it lllould be dmc. He -,al them that he hears exactly, Council's cooccms. As with the Housing Audlority, be aid. be dlim tbey amt to lay -altcrnatiws out to Council on bow ..e can ma)'bc do a little bit blaer jab ofllyillg ID wwk tluuugb dial~ But. be lllilaated.. it will take a little bit of time to __ ...... 14 . Clly MaraJ'• ..... City Anuncy Brae-did -a.we aay --to llfilla bcfoR Council . 15 . ~ . ' .. • • 0 , -• ,. • ( • ~ . .. ... b O 9 '(.. \ C°'1~ ttt,., pd 1 1'; .ftf (;"v\ )la l!A...> cc)~ 1 (_10 ~ r ( I 1/2-~(1<? 1 ~ ~ C's-.,,, k. La 1...-, '. ~~~ C\_tLJL{'~ 0~, '~t;~ .. , ~ ~ G,uL"-.)-0 ~i .~~;~ i,, ~ '~c;; ~ o \/"\ ~ J ~ 4 I\,\ ~.........._v'~s; - '-\ , U-~ 0_c_-.., e.-' ("\,. ?0l a;:,"'--'"' ~ ,_\'--._ ' Q -. ~ I ~sLs;,' \ ~ '--v::> ~ '\_ ""'-'<:_ ~lU-"-' <I') J c:.:t-1 ~, \_r,.J {ll ~ :~s-~J ~ ~- ~lc_s: ) s.__~~ ~~~ ' . •. . . • • 0 1- - FEB-23-98 ID{ 15:02 ENGLEIIOO) HOUSING AUTH r~:rRQ~ ~~s~-- • • • ' FAX t«:l. 3037815503 P.02 Mr. To• Banu Claainlaa. Eqlewood Hollliq Aatlaority City Of Eapwood Bo_.. AlltlloritJ M6I S. SlaenlU Stnct, Sllite #191 Eqlcwoud, CO. NllO RECEIVED DnrTom. FEB 2 3 1998 CITY MANAGERS OFFICE ENGLEWOOD . COLORADO I will resip etrectiw imrneditlffly from tbe Enpwood HOUliD& Aulbority. A tremendous oppommity ba come up in Omlba Nebraska for advancement in my career and l bave decided to 1lke it. I wmt to 1mllk you, my fellow~ • well a lbe staff It ts Eqlcwood Rousia& Authority for makia& my 1am or offlcl a mvardiq ml enjoyable cxperiaKe. t wilh yuu all the bat of la ill your fill1ft endeavon. Aay cone.poadeace sbould be sent to the followina addnss: Matt Innes 1Sl6 F3oolhill Road Pleulnlon, CL 94SII (510) 462-1721 11 -. • . . ' .. • • 0 - - • • • ~. ,. PROCLAMATION WHEREAS, Roland A. Deering will celebrate his Ninetieth Birthday on March 10, 1998; and WHEREAS, the City Council of Englewood wishes to honor Mr. Deering on this special occasion; and WHEREAS, Mr. Deering has lived in Englewood for fifty-six years; and WHEREAS, Mr. Deering was married for sixty-three years, and he and his wife raised their three children in Englewood, and he also ~ five grandchildren who were raised in Englewood, and five great-grandchildren; and WHEREAS, Mr. Deering was very active in the Immanuel Lutheran Church for fifty- six years, serving as an elder, a member of the board, and as an usher; and WHEREAS, Mr. Deering is a lifetime member of the Operators Engineers Union No. 9;and WHEREAS, Mr. Deering has always been a pillar to his family , friends, and neighbors, and is lovingly described by his children as a wonderful example of how everyone in the world should be; NOW, THEREFORE, I, Thomas J. Burns, Mayor of the City of Englewood, Colorado and Members of the Englewood City Council hereby congratulate Roland A Deering on the very special occasion of his Ninetieth Birthday, and wish him continued health and happiness. GIVEN under my hand and seal this 2nc1 day of March, 1998. Thomas J. Burns, Mayor Alexandra (Alex) Habenicht Mayor Pro Tern 8evaty J. Bradshaw, At Large Lauri Oapp, District III Douglas Garrett, District IV Ann Nabholz, District I Kdls w~. At Large 'I • le .. • • 0 -• 0 • COUNCIL COMMUNICATION Date Agenda Item Subject Case OR-98-01 Comprehensive Zoning Ordinance Amendment - March 2, 1998 10 a i Landscape Standards Initiated By Staff Source Tricia Langon, Neighborhood and 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 modifications to the Landscape Standards of the Englewood Comprehensive Zoning Ordinance on February 3, 1998. The Commission recommended approval of the proposed Ordinance. RECOMMENDED ACTION 9'lllf recommends that City Council set a public hNrlng for April 8, 1988, tdconsider public testimony on the proposed Ordinance. The proposed ordinance meets Planning and Zoning Commission's goals and addresses community feedback received during the public participation process. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Englewood Planning and Zoning Commission requested that staff research and prepare landscaping standards that would focus on "greening" the City and provide minimum standards of quality and quantity consistent with similar communities within the metropolitan area. Additional goals include administrative clarity, fairness and equity, environmental improvement, and improving the aesthetic environment of the City. The Commission felt that establishing landscaping requirements in anticipation of the redevelopment of Cinderella City would showcase standards for the entire City, as well as, strategically prepare for subsequent spin-off development from the project. Staff reviewed the current Englewood landscaping ordinance, identifying deficiencies and areas requiring administrative updates or revisions . Key deficiencies included a lack clarity, minimal or no standards for living plant material quality and quantity, minimal or no existing landscaping credits or water conservation allowances, maintenance responsibilities, and fee-in-lieu alternatives. Staff reviewed and analyzed landscape ordinances from various communities, both locally and nationally. Research of landscape and planning literature related to landscape ordinances were also examined. Interviews and discussions with landscape architects were conducted to address current available and practical options . The draft ordinance was circulated for review and comment to the following City departments: City Attorney , Parks and Recreation, Public Works, Safety Services, and Utilities. Staff met with the Greater Englewood Chamber of Commerce and distributed drafts to Englewood Downtown Development Authority and several Englewood business owners . ' ... •· • 0 , - TO: THRU: FROM: DATE: SUBJECT: REQUEST: • 0 I • - Englewood Planning and Zoning Commission ~ ---- Robert Simpson, Director, Neighborhood and Business Development J__. V Tricia Langon, Neighborhood and Environmental Technician January 30, 1998 Planning and Zoning Commission Date : February 3, 1998 Case #OR 98-01 Landscaping Standards Ordinance Staff requests that the Planning and Zoning Commission review , take public testimony, and provide comment on the proposed Englewood Comprehensive Zoning Ordinance Title 16, Chapter S , Subsection 26, 1.andscaping Standards . RECOMMENDATION: Staff recommends that Planning and Zoning Commission recommend to City Council to repeal existing Title 164-18, l.andscape Ordinance, of the Comprehensive Zoning Ordinance, ap- prove Case #OR 98-01, and enact the ordinance as Title 16-5-26, Landscape Standards . BACKGROUND : Englewood Planning and Zoning Commission requested this ordinance be initiated . In preparation of this ordinance, Staff reviewed the current Englewood landscaping ordinance. In that review, deficiencies and areas requiring administrative updates or revisions were identi- fied . Those regulations were determined to be substandard or inadequat.e to deal with develop- mentor redevelopment of Englewood's existing urban environment. Key deficiencies included a lack clarity. minimal standards for living plant marerial quality and quantity , minimal credits or water conservation allowances, tenants not responsible for maintenance, and fee-in-lieu at applicant's choosing . The overarching goals of "greening" and providing minimum competitive standards of quality and quantity consistcnl with the metropolitan m:a were derived from discussions with Planning Commission. Additional goals included administrative clarity, fairness and equity , environ- mental improvement , and improving the aesthetic environment of the City Staff also reviewed and analyzed landscape ordinances from various communities, both locally and nationally . Research of landscape and planning literature related to landscape ordinaDces were also examined . Interviews and discussions with landscape architects were conducted to address current available and practical options. Based on the above process , a preliminary draft was written . This draft was circulated for re- view and comment to the following City departments : City Attorney . Parks and Recreation, Public Works , Safety Services, and Utilities . All departments provided input. An independent landscape architectural firm then reviewed the ordinance . Staff met with the Economic Devel- opment Conuninee of the Greater Englewood Chamber of Commerce and distributed drafts of ' • ..... •· • 0 , -• 0 • the ordinance for public review and comment to the Englewood Downtown Development Authority and several Englewood business owners in business and industrial zone districts . From this review process additional areas were addressed and a second draft was distributed for funher review . Staff feels the attached final draft meets Planning and Zoning Commis- sion's goals and address community feedback received during the public participation process. Notice of Public Hearing appeared in the Englewood Herald on January 23 , 1998. ORDINANCE PROPOSAL; Major points of the revised Landscape Standards ordinance follow : • Expanded Application: More propenies arc potentially affected by adjustments to criteria which activate the landscape requirements. The City goal is to increase the quantity and the quality of landscaping in the City . A balance is created between more propenies being affected with those same propenies receiving credit for existing trees, and laodscaping in the ROW and parking area not being counted toward the total landscaping requirement. The activation mechanism is lower, but propenies have more options and allowances with which to work. • Sets Minimum Standards and Requirements: The spacing, quantity (number) and quality (size and condition) of plant material is specified . How materials are planted and maintained is addressed . The I .andscape Plan requirements are detailed. The current ordinance sets requirements for non-living materials (i .e . rocks and mulch) but stops shon for living plam material standards . The current ordinance requires that the I Jfndscape Plan be of "sufficient detail". This does not provide adequate direction. as applicants prefer clearly written and defined re- quirements. It lacks uniformity or consistency of submissions. • Provides Equity and Fairness: Full compliance of every section of an ordinance is DOl always practicably feasible in every siruation . Therefore. options need to be available so that the intent of the ordi- nance can be met in those unique siruations. Alternatives include alternative compli- ance plans. credit for exiting trees. ROW and parkiDs area laodscaping allowances, fee- in-lieu , and administrative relief. Options for unique situations should be available . SUMMARY; The proposed revisions provide minimum quality and quantity standards and equitable means 10 meet those standards in order to provide quality competitive development in the City . They recognize Englewood's built urban character by offering consideration for space limitations. credit for existing trees. buffering of adjacent land uses and compliance alternatives . They also promote creative design and provide flexible alternatives . Landscaping brings aesthe1ic . environmental and economic benefits and softens the harshness of the urban experience . Trees and plants add appeal and value to the community , improve air quality . moderate temperatures and reduce erosion. They unquestionably contribute IO a sense •· • C , )- • • · .. • <. of place and community. Quality landscaping, in sufficient quantity and adequarely maintained cmicbes the City. AT[ACIIMEN'[S; I .aodscaping Standards OrdiDancc • I • .. • • 0 3 I ~ I • • t• • '· CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MA Tl'Ell OF CASE IOR-98-01 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO AMENDMENT OF THE COMPREHEN-) SIVE ZONING ORDINANCE, §16-4-18, ) LANDSCAPE ORDINANCE ) INITIATED BY: NEIGBIORBOOD & BUSINESS DEVELOPMENT DEPARTMENT 3400 sourB ELATI STREET ENGLEWOOD, CO 80110 ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Homer, Latbram, Rininger, Tobin, Welker, Cottle, Douglas Commission Members Absent: Weber, Dummer This matter was beard before the City Planning and Zonin& Commission on February 3, 1998, in the City Council Chambers of the Englewood City Hall. Testimony was received from staff. The Commission received notice of Public Hearing, and the Staff Report, which were incorporated into and made a put of the record of the Public Hearing. No public was present to testify on this issue . After considering the swemems of the witnesses, and reviewing the pertinem documellls, the members of the City Planning and Zonin& Commission made the following Findings mi Con- clusions . l. FINDINGS Of FACT THAT the proposed amendment of the Comprebemive Zonin, Ordinance, §16-4-18, l.aooscapc Ordinance, was initiated by the Deputmenl of Neighborhood & Business Development . 2 . THAT notice of Public Hearing wu given by publication in the EruglcJroqd lmlld on Jamwy 23, 1998. "' - • < .J • • 0 , I ]- ]- • • - <. 3. THAT testimony from Neighborhood Technician Tricia Langon established that the proposed amendment of the 1 aooscape Ordinance bas been discussed with members of the business community, the EDDA, the Greater Englewood Chamber of Commerce, independent landscape architects, and rcferted to other City Departments and personnel to elicit comments and suggestions. Ms. Langon further testified to the nature of the proposed changes, with the goal of improving quality and quantity of landscape materi- als provided for new developmems and on redeveloping properties. 4. TBA T issues of particular concern to Commission members include equality of rc- quircme.-5 between similar zone districts; perc:cDlagC of lot area required to be land- scaped, and location of the required laooscaping; payment of "fee-in-lieu" of provision of landscaping; and inclusion of definitions for terms used in the proposed revision. S. TBA T Planning Commission members made suggestions and modifications to the pro- posed laooscape standards, which were incorporated into the proposal to be rcferted to City Council. CONCLUSIONS I. THAT the proposed amendment of the Comprehensive Zoning Ordinance, §164-18, landscape Ordinance, was initiated by the Depanmenl of Neighborhood & Business Development, in response to an expressed desire that the quality and quamity of re- quired landscaping materials for new developmms and redeveloping properties be im- proved. 2. THAT notice of Public Hearing was published in the official Cily newspaper, the Engpood Hmid. OD Jmwy 23, 1998. 3. THAT the proposed amendment to the Comprehensive Zonina Ordinance, §164-18, J .aooscape Standards. eslablisbes rninimun sil.e of plaminp, rniaimnn pm:emage of lot area to be laooscaped. and clarifies and defines requiremems penaiaiaa to required landscaping . DECISION THEREFORE, it is the decision of the City Planning and ZoniDa Commission that City Council should repeal the existing §164-18 of the Comprehensive Zoning Ordinance, Land- scape Ordinance. and enact the proposed J.aooscapina Slandards u §16-5-26 of the Compre- hensive Zoning Ordinance. -----' ' ' • . .. • • 0 . I 1- • • • • (, The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on February 3, 1998, by Homcr, seconded by Rminger, which mo- tion swes: Homer moved: Rininger seconded: The Planning Commission approw w propos«l landscaping standards and ncommend to Cily Council that §1~18 of tlw Cotrtp~ Zoning Ordinance be rq,eaJ«l, and that the proposed landscaping stan- dards be enacted be enacud as §16-5-26 of* Comp~ 7.oning Ordinance. Also. that tM dejinilions be add«l to §16-8-1 ojw OMl- pnhosiw 7.oning Ordinance. AYES: Homer, Latbram, Rininger, Tobin. Welm, Douglas NAYS: COUlc ABSTAIN: None ABSENT: Dummer, Weber The motion carried. These Findings and Conclusions are effective as of the meeting on February 3, 1998. BY ORDER OF THE CITY PLANNING &: ZONING COMMJS.g()N ----------' • . .. • • 0 , --I. ,,. -• • I • • • BY AUTHORITY ORDINANCE NO . _ SERIES OF 1998 OIUlfCII. BILL NO. 13 INTRODU~~C~ MEMBER "lll.J. ' ABILLPOR AN ORDINANCE AMENDING TITLE 16, BY REPEALING TITLE 16, CHAPTER 4, SECTION 18, ENTITLED LANDSCAPE ORDINANCE ; ENACTING A NEW TITLE 16, CHAPTER 5, SECTION 26, ENTITLED LANDSCAPING STANDARDS; AND AMENDING TITLE 16, CHAPTER 8, SECTION 1, BY THE ADDmON OF SEVERAL DEFINITIONS, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City wishes to enhance the aesthetic appearance of development in the City by providing standards relating to quality, quantity, maintenance and functional aspects of landscaping; and WHEREAS , landscaping aids in stabilizing the environment's ecological balance by contributing to the processes of air purification, oxygen regeneration, storm water runoff reduction and ground water recharge and encourages water conservation through water conserving devices and xeriscape principles; and WHEREAS, landscaping reduces the noise, heat and glare generated by development; and WHEREAS, landscaping standards help to protect public health, safety and welfare by minimizing the impact of all forms of physical and visual pollution, screening incompatible land uses, preserving the integrity of neighborhoods and enhancing pedestrian and vehicular traffic and safety; and WHEREAS, the Planning and Zoning Commiuion recommended City staff research and prepare landscaping standards that would focus on •greenmg" the City and provide minimum standards of quality and quantity consistent with similar communities within the metropolitan area; and WHEREAS, the Planning and Zoning Commiuion reviewed the proposed modifications to the Landscape Standards and recommends the pauage of this Ordinance; and WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on February 3, 1998; NOW , THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sec;tjon 1. The City Council of the City of Englewood, Colorado hereby approves amending Title 16 , of the Englewood Municipal Code 1985, by repealing Title 16, Chapter 4, Section 18, entitled Landscape Ordinance and enacting a new Title 16, Chapter 5, Section 26, entitled Landscaping Standards, which shall read u follows : -1 - • /0'-, •· • 0 , 1- • • • 16-5-26: LANDSCAPING STANDARDS: A . PURPOSE: THIS SECTION ESTABLISHES LANDSCAPE STANDARDS FOR NEW DEVELOPMENT AND FOR REDEVELOPING PROPERTIES IN ORDER TO ENHANCE, IMPROVE, PROTECT AND PRESERVE THE APPEARANCE, CHARACTER AND VALUE OF SUCH PROPERTIES AND THEIR SURROUNDING NEIGHBORHOODS . THIS SECTION IS FURTHER INTENDED TO : 1. ENHANCE THE AESTHETIC APPEARANCE OF DEVELOPMENT IN THE CITY BY PROVIDING STANDARDS RELATING TO QUALITY, QUANTITY, MAINTENANCE AND THE FUNCTIONAL ASPECTS OF LANDSCAPING ; 2 . AID IN STABILIZING THE ENVIRONMENT'S ECOLOGICAL BALANCE BY CONTRIBUTING TO THE PROCESSES OF AIR PURIFICATION, OXYGEN REGENERATION , STORM WATER RUNOFF REDUCTION AND GROUND WATER RECHARGE , AND TO ENCOURAGE WATER CONSERVATION THROUGH WATER CONSERVING DEVICES AND XERISCAPE PRINCIPLES; 3. REDUCE THE NOISE, HEAT AND GLARE GENERATED BY DEVELOPMENT; AND 4. PROTECT PUBLIC HEALTH, SAFETY, AND WELFARE BY MINIMIZING THE IMPACT OF ALL FORMS OF PHYSICAL AND VISUAL POLLUTION , SCREENING INCOMPATIBLE LAND USES , PRESERVING THE INTEGRITY OF NEIGHBORHOODS, AND ENHANCING PEDESTRIAN AND VEHICULAR TRAFFIC AND SAFETY . B . APPUCABILITY: THIS SECTION SHALL APPLY TO ANY DEVELOPMENT LOCATED WITHIN THE CITY OF ENGLEWOOD AT SUCH TIME AS AN APPLICATION IS MADE FOR ANY OF THE FOLLOWING : 1. A BUILDING PERMIT FOR A NEW STRUCTURE ; 2. A BUILDING PERMIT FOR EXISTING STRUCTURES THAT RESULTS IN THE EXPANSION OR INCREASE OF THE GROSS FLOOR AREA AND/OR OFF-STREET PARKING AREA BY FIFTEEN PERCENT (15 %) OR MORE , OR A TOTAL OF FIVE HUNDRED SQUARE FEET (500 SQ.') GROSS FLOOR AREA, WHICHEVER IS GREATER; 3. A SITE PLAN ; OR 4. A REZONING OF PROPERTY. -2 - "' -. ' .. ., •· • 0 , - ]-- • .. • I~ - 5. THIS SECTION SHALL NOT APPLY WHERE A BUILDING PERMIT IS ISSUED FOR THE RESTORATION, WITHIN TWELVE (12) MONTHS, OF A BUILDING THAT HAS BEEN DAMAGED OR DESTROYED BY FIRE , EXPLOSION, STORM OR ACCIDENT OF ANY KIND, UNLESS SUCH RESTORATION EXCEEDS THE EXPANSION PROVISIONS OF B-2 ABOVE. C . LANDSCAPE PLAN REQUIREMENT: A LANDSCAPE PLAN SHALL BE REQUIRED AS PART OF A BUILDING PERMIT, SITE PLAN , AND/OR REZONING APPLICATION AS DEFINED IN SECTION 16-5-26-8 APPLICABILITY. THE LANDSCAPE PLAN SHALL MEET THE INTENT OF THIS SECTION BY EXIUBITING A COMPREHENSIVE DESIGN PROGRAM IN TERMS OF MATERIALS, LOCATION , SIZE/SCALE , FUNCTION, THEME, AND SIMILAR ATI'RIBUTES . LANDSCAPE PLANS SHALL BE REVIEWED BY THE CITY TO DETERMINE WHETHER THEY MEET THE REQUIREMENTS OF THIS SECTION. THE TIME PERIODS ALLOWED FOR REVIEW SHALL BE THE SAME AS THOSE FOR SITE PLANS . LANDSCAPE PLANS SHALL BE DRAWN TO A MINIMUM SCALE OF ONE INCH (1~) TO FIFTY FEET (50') AND SHALL PROVIDE THE FOLLOWING INFORMATION : 1. DATE, GRAPHIC AND WRITTEN SCALE , NORTH ARROW, NAME AND LOCATION OF THE DEVEWPMENT, AND THE NAME(S) OF THE OWNER, NAME, ADDRESS AND PHONE NUMBER OF THE PERSON/FIRM PREPARING THE PLAN , AND THE NAME OF THE CONTACT PERSON FOR THE PROJECT; 2 . THE LOCATIONS AND DIMENSIONS OF ALL PROPERTY LINES , PROPOSED TOPOGRAPHIC CONTOURS, ADJACENT STREETS AND RIGHTS-OF-WAY, SIGNIFICANT DRAINAGE FEATURES, BUILDINGS AND STRUCTURES, OFF-STREET PARKING, WADING AND VEHICULAR USE AREAS, DRIVEWAYS, UNDERGROUND AND/OR OVERHEAD UTILITY LINES, EXISTING AND PROPOSED WATER METER PITS AND WATER VALVES, AND TRAFFIC SIGHT DISTANCE TRIANGLES ; 3 . THE LANDSCAPE PLAN SHALL ALSO ADDRESS THE RELATIONSHIP BETWEEN THE DRAINAGE OF LANDSCAPED AREAS AND THE DRAINAGE OF THE REMAINING FEATURES OF THE SITE ; 4 . THE LANDSCAPED AREAS ON THE SITE , INCLUDING : A. LOCATIONS , DIMENSIONS AND SQUARE FOOTAGE OF ALL LANDSCAPED AREAS ; B. TYPES OF LANDSCAPE MATERIALS (I.E . GRASS , SHRUBS, GROUNDCOVER, TREES, ETC .); C. THE SPECIES, NUMBER , CALIPER AND LOCATIONS OF ALL REQUIRED PLANTINGS ; -3- " - • . ' ' .. •· • 0 l • • • I• - ,. D. THE SPECIES , LOCATION AND CALIPER OF ANY EXISTING PLANT MATERIALS TO BE PRESERVED; E . THE LOCATION , SIZE AND TREATMENT OF ALL NON- LIVING LANDSCAPING; 5 . A DESCRIPTION OF PROPOSED IRRIGATION METHODS ; 6 . A DESCRIPTION OF HOW EXISTING TREES, WHICH ARE PROPOSED TO BE PRESERVED, WILL BE PROTECTED DURING SITE PREPARATION AND CONSTRUCTION; 7. A PLANT SCHEDULE WITH BOTANICAL SPECIES, COMMON NAME , SIZE INSTALLED , TOTAL QUANTITY PROVIDED; 8 . PLANTING NOTES TO INCLUDE BUT NOT LIMITED TO: UTILITY PROTECTION, DAILY CLEAN-UP OF RIGHT-OF-WAYS, GUARANTEES , MAINTENANCE , SOIL AMENDMENTS ; 9 . IN SITUATIONS WHERE IT CAN BE DOCUMENTED THAT EXISTING LANDSCAPING MEETS OR EXCEEDS THE TOTAL LANDSCAPE REQUIRED, THE CITY MAY WAIVE THE LANDSCAPE PLAN SUBMISSION REQUIREMENT . D . LAND8CAPED AREA BEQ1JIRDIENT: PROPERTIES SHALL PROVIDE A MINIMUM LEVEL OF AREA LANDSCAPING AS FOLLOWS, EXCEPT AS MAY BE PERMITTED IN ACCORDANCE WITH SECTION 16-5-26-D-2, (SOUTH BROADWAY CORRIDOR PROPERTIES), OR SECTION 16-5-26-E, (ALTERNATIVE COMPLIANCE). 1 . ZONE DISTRICT REQUIREMENTS : A . ALL ZONE DISTRICTS : ll SINGLE-FAMILY DETACHED, SINGLE-FAMILY ATTACHED AND TWO-FAMILY USES : ONE HUNDRED PERCENT (100...) OF THE FRONT SETBACK AREA AND NO LESS THAN FORTY PERCENT (40*) OF THE LOT AREA, EXCLUSIVE OF DRIVEWAY , SHALL BE LANDSCAPED; 2) MULTI -FAMILY USES : AT LEAST TWENTY-FIVE PERCENT (25 %) OF THE TOTAL SITE SHALL BE LANDSCAPED . B . RESIDENTIAL DISTRICTS: 1) NON-RESIDENTIAL USES; A MINIMUM OF TWENTY- FIVE PERCENT (25%) OF THE TOTAL SITE SHALL BE LANDSCAPED . C . BUSINESS DISTRICTS; A MINIMUM OF FIFTEEN PERCENT (15 %) OF THE TOTAL SITE SHALL BE LANDSCAPED . -4- . ' .. • • 0 I I • • t ~ • D . INDUSTRIAL DISTRICTS ; A MINIMUM OF FIFTEEN PERCENT (15 %) OF THE TOTAL SITE SHALL BE LANDSCAPED . E . PUD DISTRICT LANDSCAPING REQUIREMENTS SHALL BE DETERMINED ON A CASE-BY-CASE BASIS . CONSIDERATION SHALL BE GIVEN TO THE TYPE OF DEVELOPMENT USE . PUD LANDSCAPE REQUIREMENTS SHALL BE GUIDED BY REQUIREMENTS ESTABLISHED FOR SIMILAR DEVELOPMENTS IN SIMILAR ZONE DISTRICTS . 2 . SOUTH BROADWAY CORRIDOR PROPERTIES : REDEVELOPING PROPERTIES FRONTING ON SOUTH BROADWAY SHALL BE REQUIRED TO PROVIDE NO LESS THAN A MINIMUM OF TEN PERCENT (10%) OF THE TOTAL SITE TO LANDSCAPING UPON COMPLETION OF THE REDEVELOPMENT, RENOVATION , AND/OR EXPANSION OF THE EXISTING DEVELOPMENT. LANDSCAPING SHALL BE REQUIRED IN THE FRONT YARD AREA IN CASES WHERE THE LANDSCAPING PROVISION MAY NOT BE PRACTICAL DUE TO EXISTING AREA CONDITIONS, AN ALTERNATIVE COMPLIANCE PLAN MAY BE CONSIDERED BY THE CITY . PROPERTIES DEVELOPING BETWEEN AND INCLUDING THE 3200 TO 3600 BLOCKS OF SOUTH BROADWAY ARE ENCOURAGED TO DEVELOP WITH TRADITIONAL, COMMERCIAL PATTERNS ESTABLISHED WITHIN THOSE BLOCKS . 3 . MULTIPLE-ZONED PROPERTIES : WHERE ONE PROPERTY IS COMPOSED OF MORE THAN ONE ZONE DISTRICT THE LANDSCAPE REQUIREMENTS OF THE MORE RESTRICTIVE ZONE, AS PROVIDED IN THIS CHAPTER, SHALL APPLY. SHOULD THE LANDSCAPE AREA REQUIREMENTS BE IMPRACTICAL, THE CITY MAY CONSIDER ALTERNATIVE COMPLIANCE PLANS . E . ALTERNATIVE COMPLIANCE : IN CASES WHERE THE PERCENTAGE OF REQUIRED LANDSCAPING MAY NOT BE PRACTICAL OR FEASIBLE, THE APPLICANT MAY CONSIDER AN ALTERNATIVE COMPLIANCE LANDSCAPE PLAN . ALTERNATIVE COMPLIANCE IS A PROCESS THAT ALLOWS MODIFICATIONS TO EXISTING REGULATIONS DUE TO UNIQUE SITE CONDITIONS . THE PROPOSED PLAN MUST EQUAL OR EXCEED EXISTING REQUIREMENTS . 1. ALTERNATIVE COMPLIANCE LANDSCAPE PLAN CRITERIA: UNDER THE SPECIFIC CONDITIONS LISTED BELOW, THE CITY MAY REVIEW AND APPROVE AN ALTERNATIVE COMPLIANCE LANDSCAPE PLAN UPON DETERMINING THAT SUCH PLAN MEETS THE GENERAL INTENT AND PURPOSE OF THIS SECTION : A . THE PROPERTY HAS UNIQUE NATURAL FEATURES SUCH AS TOPOGRAPHY, GEOLOGICAL CHARACTERISTICS, WATER FEATURES , OR SIGNIFICANT EXISTING LANDSCAPING ; -5- . ' .. • • 0 ]- • • I• - B . THE PROPERTY CONSISTS OF PECULIAR-SHAPED LOTS ; OR C . THE PROPERTY HAS SPACE LIMITATIONS WHICH EXIST AS A RESULT OF THE LOCATION OF EXISTING STRUCTURES, PAVED AREAS AND OTHER BUILT FEATURES. 2 . FEE-IN-LIEU: ONLY AFTER IT HAS BEEN DETERMINED BY THE CITY THAT AN ALTERNATIVE COMPLIANCE PLAN IS NOT PRACTICAL OR FEASIBLE, A FEE-IN-LIEU EQUIVALENT MAY BE CONSIDERED AS PART OF AN OVERALL SITE PLAN APPLICATION . THE FEE-IN-LIEU SHALL BE CALCULATED TO BE AN AMOUNT EQUIVALENT TO ONE AND 15/100 DOLLARS ($1 .15) PER SQUARE FOOT OF TOTAL REQUIRED LANDSCAPED AREA THIS FEE SHALL BE PAID TO THE ENGLEWOOD GENERAL FUND AND AN ACCOUNTING SHALL BE MADE FOR LANDSCAPING AND BEAUTIFICATION OF PUBLIC AREAS AS DETERMINED BY THE CITY COUNCIL. FEE-IN-LIEU SHALL NOT APPLY TO NEW DEVELOPMENT IN ANY ZONE DISTRICT . FEE-IN-LIEU SHALL APPLY ONLY TO REDEVELOPMENT, RENOVATION, REMODEL, OR EXPANSION TO THE FOLLOWING ZONE DISTRICTS AND/OR USES : B-1 , B-2 , 1-1, 1-2 AND NON-RESIDENTIAL USES IN R-3 AND R-4 ZONE DISTRICTS. F . GENERAL REQUIREMENTS : LANDSCAPED AREAS SHALL MEET THE FOLLOWING GENERAL REQUIREMENTS : 1. LANDSCAPED AREAS SHALL INCLUDE A COMBINATION OF THE FOLLOWING TYPES OF LMNG PLANT MATERIALS : TREES, SHRUBS, ANNUAL AND/OR PERENNIAL PLANTS , VINES , GRASS , AND/OR GROUND COVER. NON-LMNG, DURABLE MATERIALS COMMONLY USED IN LANDSCAPING, SUCH AS , BUT NOT LIMITED TO, WOOD MULCHES, ROCKS , PEBBLES, SAND, WATER FEATURES, DECORATIVE PAVED SURFACES, EXCLUDING ASPHALT OR NON-PA'ITERNED CONCRETE, MAY ALSO BE USED IN LANDSCAPED AREAS ; 2. PERVIOUS , DECORATIVE PAVING MATERIALS AND BRICK PAVERS MAY BE INCLUDED IN THE FORM OF WALKWAYS OR DRIVEWAYS THROUGH LANDSCAPED AREAS ; HOWEVER, OFF- STREET PARKING AREAS PAVED WITH SUCH MATERIALS SHALL NOT BE CONSIDERED AS LANDSCAPED AREAS ; 3. THE USE OF NON-LIVING MATERIALS SHALL NOT EXCEED THIRTY-FIVE PERCENT (35%) OF THE TOTAL LANDSCAPED AREA ; ~·· ALL LANDSCAPED AREAS SHALL HA VE AN APPROVED IRRIGATION SYSTEM ; -6- . ' • . .. ..,. I • • 0 , ~ I • • - 5. ALL LANDSCAPED AREAS ADJACENT TO VEHICULAR AREAS SHALL BE PROTECTED FROM VEHICULAR TRAFFIC BY CONCRETE CURBING OR OTHER DEVICES ACCEPTABLE TO THE CITY WHICH PROHIBIT VEHICULAR ACCESS TO AND ENCROACHMENT UPON THESE AREAS ; 6. A LANDSCAPED AREA SHALL HA VE A MINIMUM DIMENSION OF THREE FEET (3') ON ANY SIDE ; 7. ALL WATER METER PITS AND/OR WATER VALVE BOXES SHALL BE MAINTAINED AT FINISHED GROUND LEVEL AND PROVISION SHALL BE MADE TO INSURE THAT THEY REMAIN AT GRADE , VISIBLE AND READILY ACCESSIBLE FOR EASY OPERATION, MAINTENANCE AND REPAIR; 8. AT MATURITY, A MINIMUM CLEARANCE OF THREE (3 ) FEET SHALL BE REQUIRED BETWEEN ALL TREES, SHRUBS AND/OR LANDSCAPING FEATURES AND FIRE DEPARTMENT SPRINKLER CONNECTIONS, FIRE HYDRANTS AND/OR ALARM NOTIFICATION DEVICES ; AND 9 . NO ARTIFICIAL TREES , SHRUBS, TURF OR PLANTS OR OTHER NON-LIVING PLANT MATERIALS SHALL BE USED TO FULFILL THE LIVING PLANT MATERIAL REQUIREMENTS OF THIS ORDINANCE . G . LANDSCAPINGINOFF.sTREETPARKINGAR&\S: LANDSCAPING OF OFF-STREET PARKING AREAS IS INTENDED TO IMPROVE THE AESTHETIC APPEARANCE OF PARKING LOTS AND TO PROTECT AND PRESERVE THE APPEARANCE , CHARACTER AND VALUE OF SURROUNDING PROPERTY . IF A SITE WHICH IS SUBJECT TO THIS ORDINANCE INCLUDES AN OFF-STREET PARKING AREA , THE FOLLOWING SHALL APPLY : 1. LANDSCAPING IN OFF-STREET PARKING AREAS SHALL BE COUNTED TOWARD THE MINIMUM TOTAL LANDSCAPING REQUIRED; 2. LANDSCAPED PERIMETERS , ISLANDS , MEDIANS , OR PENINSULAS SHALL HAVE A MINIMUM DIMENSION OF THREE FEET (3') ON ANY SIDE; 3. INTERIOR LANDSCAPING OF OFF-STREET PARKING AREAS SHALL SERVE THE PURPOSES OF AESTHETICALLY BREAKING UP PAVEMENT AND GUIDING THE CIRCULATION OF VEHICLES AND PEDESTRIANS WITHIN THE PARKING LOT . AT LEAST TEN PERCENT (10%) OF THE INTERIOR OF A PARKING LOT SHALL BE LANDSCAPED IF THE LOT CONTAINS MORE THAN TWENTY (20 ) PARKING SPACES OR IS MORE THAN SIX THOUSAND SQUARE FEET (6,000') IN AREA ; -7 - .. I· • 0 f " I -• • «• • 4. THE PERIMETER OF ALL OFF-STREET PARKING AREAS ADJACENT TO THE PUBLIC RIGHT-OF-WAY SHALL BE LANDSCAPED REGARDLESS OF LOT SIZE OR NUMBER OF PARKING SPACES. PERIMETER LANDSCAPING AT THE ALLEY IS ENCOURAGED; 5. ALL PERIMETER AND INTERIOR LANDSCAPING SHALL COMPLY WITH TRAFFIC SIGHT DISTANCE TRIANGLE REQUIREMENTS AS DETERMINED BY THE CITY TRAFFIC ENGINEER; 6 . INTERIOR LANDSCAPING REQUIREMENTS OF THIS SUBSECTION SHALL NOT APPLY TO OUTDOOR DISPLAY AREAS, 7 . IT IS RECOGNIZED THAT BECAUSE OF THE WIDE VARIETY OF TYPES OF DEVELOPMENTS AND PARKING CONFIGURATIONS ASSOCIATED WITH THEM, MINOR DEVIATIONS MAY BE GRANTED BY THE CITY, WHENEVER SUCH DEVIATIONS ARE MORE LIKELY TO SATISFY THE INTENT OF THIS SECTION. H . IANDSCAPE MATERW. REQUIREMENTS: AT LEAST ONE (1) TREE AND FIVE (5) SHRUBS SHALL BE PROVIDED PER SEVEN HUNDRED AND FIFTY SQUARE FEET (750 SQ.') OF LANDSCAPED AREA REQUIRED BY THE PROVISIONS OF THIS SECTION. SHOULD THE LANDSCAPED AREA BE LISS THAN ONE THOUSAND SQUARE FEET (1,000 SQ.'), A MINIMUM OF TWO (2) TREES AND TEN (10) SHRUBS SHALL BE REQUIRED. THE PLANTING OF TREES AND SHRUBS SHALL COMPLY WITH THE FOLLOWING INSTALLATION REQUIREMENTS : l. LANDSCAPE AREAS SHALL HAVE PLANT MATERIAL SELECTED AND PLANTING METHODS USED WHICH ARE SUITABLE FOR THE SOIL AND CLIMATIC CONDfflONS OF THE REGION AND THE SPECIFIC REQUIREMENTS OF THE SITE. SIZES OF THE PLANT MATERIALS SHALL CONFORM TO THE FOLLOWING MIX: TREES: SHRUBS: 50'!f,, 2" CALIPER DECIDUOUS OR 6 FOOT TALL EVERGREEN 50%, 3• CALIPER DECIDUOUS OR 8 FOOT TALL EVERGREEN lOO'J,, 5 GALLON GROUNDCOVER: 100%, 1 GALLON SPACED FOR COVERAGE WITHIN 2 YEARS 2 . TREES SHALL BE OF A LONG-UVED AND CLEAN CHARACTER. FURTHER THEY SHALL REQUIRE LITl'LE MAINTENANCE, BE STRUCTURALLY STRONG, INSECT AND DISEASE RESISTANT, AND REQUIRE LITl'LE PRUNING. -8- ,. - • I •, •· • 0 , I - - • • t• • 3 . ALL ROCKS AND STONES USED IN LANDSCAPED AREAS SHALL BE A MINIMUM OF 3/8 INCHES IN SIZE, AND INSTALLED TO A MINIMUM DEPI'H OF TWO INCHES (2") OR AS NECESSARY TO ADEQUATELY COVER THE AREA . 4 . MINIMUM MULCH DEPI'H SHALL BE FOUR INCHES (4"). 5 . THE FOLLOWING SPECIES SHALL BE PROHIBITED: BOX ELDER (ACER NEGUNDO ), COTTONWOOD (FEMALE POPULUS DELTOIDES), SIBERIAN ELM (ULMUS PUMILA). 6 A WATER PERMEABLE LANDSCAPE FABRIC SHALL BE REQUIRED IN ALL SHRUB BEDS . 7 . ALL GRASSED OR BED AREAS SHALL BE AMENDED WITH A MINIMUM OF THREE (3) CUBIC YARDS OF ORGANIC MATTER (COMPOST) PER ONE THOUSAND SQUARE FEET (1,000') OF AREA. ORGANIC MATTER SHALL BE TILLED INTO THE SOIL TO A MINIMUM DEPTH OF 4-6 INCHES (4"-6"). 8. CLUMP OR MULTI-STEM TREES SHALL BE CONSIDERED AS A UNIT; THAT IS, AS ONE (1) TREE. I . CREDIT FOR PRESERVA'DON OF EXISTING TREES: APPLICANTS MAY RECEIVE CREDIT TOWARDS THE TREE REQUIREMENTS OF SECTION 16-5-3-H BY THE PRESERVATION OF EXISTING TREES, AS OUTLINED IN THE FOLLOWING SCHEDULE : 1 TREE, 2" TO 6" CALIPER 1 TREE, >6" TO 12• CALIPER 1 TREE, >12" TO 15" CALIPER 'JBPCBEPP' 1 TREE, GREATER THAN 15" CALIPER 1 2 3 4 THE FOLLOWING CONDfflONS MUST BE MET IN ORDER FOR THESE TREE CREDITS TO APPLY : 1 . EACH EXISTING TREE SHALL BE IN A HEALTHY AND GROWING CONDITION ; DEAD LIMBS AND BRANCHES SHALL BE PRUNED ; 2 . BEFORE SITE PREPARATION AND DURING CONSTRUCTION , EACH EXISTING TREE SHALL BE PROTECTED BY THE PLACEMENT OF A BARRIER AROUND THE AREA OUTSIDE THE DRIP LINE OF THE TREE CANOPY; 3 . A MINIMUM OF SEVENTY-FIVE PERCENT (75%) OF THE AREA BELOW THE DRIP LINE OF AN EXISTING TREE SHALL BE MAINTAINED AS A PERMANENT, LANDSCAPED AREA AT THE UNDISTURBED GRADE WHICH EXISTED PRIOR TO SITE DEVELOPMENT UNLESS SPECIAL PROVISIONS ARE MADE FOR THE PROTECTION AND SURVIVAL OF THE TREE. SUCH SPECIAL PROVISIONS , INCLUDING BUT LIMITED TO THE USE OF PERMEABLE PAVING MATERIALS , SHALL BE SUBJECT TO THE APPROVAL OF THE CITY . -9- • . ... • • ' 2 I • • . . 4 . SHOULD ANY TREE FOR WHICH CREDIT IS RECEIVED UNDER THE PROVISIONS OF THIS SUBSECTION DIE AT ANY TIME, THE OWNER SHALL, WITHIN NINETY (90 ) DAYS, REPLACE THE TREE WITH THE EQUIVALENT SPECIES OR A TREE WHICH WILL OBTAIN THE SAME HEIGHT, SPREAD AND GROWTH CHARACTERISTICS . THE REPLACEMENT TREE SHALL HAVE A MINIMUM CALIPER OF THREE (3) INCHES WHEN PLANTED . 5. NO CREDIT SHALL BE ALLOWED FOR PROHIBITED SPECIES. J. LANDSCAPING WITBIN PUBLIC RIGHT.OF-WAY: I . LANDSCAPING BBQUIBBD: THE UNPAVED PORTIONS OF THE PUBLIC RIGHT-OF-WAY ABUTl'ING A STREET SHALL BE LANDSCAPED . CORNER LOTS SHALL LANDSCAPE FRONT AND SIDE RIGHT-OF-WAY AREAS . THIS LANDSCAPING SHALL CONTAIN A MINIMUM OF ONE (1) TREE OF AT LEAST THREE INCHES (3") CALIPER FOR EVERY THIRTY FEET (30') OF FRONTAGE . SHOULD TOTAL STREET FRONTAGE BE LESS THAN THIRTY FEET (30'), A MINIMUM OF ONE (1) TREE IS REQUIRED . LANDSCAPING WITHIN THE PUBLIC RIGHT-OF- WAY SHALL BE COUNTED AS PART OF THE TOTAL LANDSCAPING REQUIREMENT , PROVIDED , HOWEVER, THAT SUCH CREDIT SHALL NOT EXCEED ONE-HALF (1/2) OF THE REQUIRED LANDSCAPED AREA OF THE SITE . 2 . RES'l1UC'nON8: A . SHRUBS AND OTHER SIMILAR LOW-GROWING LANDSCAPE MATERIALS WHICH MAY EXCEED TWO FEET (2') IN HEIGHT SHALL NOT BE INSTALLED IN THE SIGHT DISTANCE TRIANGLE . B . THE CITY SHALL NOT BE RESPONSIBLE FOR THE MAINTENANCE OF LANDSCAPING INSTALLED IN PUBLIC RIGHT-OF-WAY , NOR SHALL THE CITY BE RESPONSIBLE FOR THE REPLACEMENT OF LANDSCAPE MATERIALS WHICH MUST BE REMOVED DURING THE REPAIR OR MAINTENANCE OF UTILITIES OR OTHER PUBLIC IMPROVEMENTS . C . UNDERGROUND SPRINKLER SYSTEMS SHALL NOT BE INSTALLED WITHIN STREET RIGHT-OF-WAY , EXCEPT UPON WRITTEN AGREEMENT BETWEEN THE CITY AND THE PROPERTY OWNER UPON TERMS AND CONDITIONS SET BY THE CITY WHICH SHALL INCLUDE AN ACKNOWLEDGMENT BY THE OWNER THAT NO COMPENSATION SHALL BE PAID TO OWNER FOR ANY DAMAGES TO OR RELOCATION COSTS OF THE SPRINKLER SYSTEM RESULTING FROM FUTURE PUBLIC WORK WITHIN THE RIGHTS-OF-WAY . -10 - .. • • , - • • • I~ • ' D . TREES PLANTED NEAR PUBLIC CURBS AND ATTACHED SIDEWALKS SHALL BE SLOWER-GROWING SPECIES, HAVE A LIMITED ROOT STRUCTURE AND SHALL BE INSTALLED WITH A ROOT BARRIER SYSTEM AS TO PREVENT PHYSICAL DAMAGE TO SIDEWALKS, CURBS , GUTTERS AND OTHER PUBLIC IMPROVEMENTS . E . WHERE TREES ARE PLANTED IN PAVED AREAS, THEY SHALL HAVE A PROTECTIVE TREE GRATE. TREE GRATES SHALL BE CAST IRON, ALUMINUM AND/OR OTHER ACCEPTABLE TREE GRATE MATERIAL. A ROOT BARRIER SYSTEM SHALL BE USED . F . USE OF SHRUBBERY AND VINES SHALL BE ENCOURAGED ALONG ALL WALLS AND FENCES ADJOINING PUBLIC RIGHTS-OF-WAY . G . PLANTS SHALL NOT BY THEIR GROWTH HABITS OBSTRUCT, RESTRICT OR CONFLICT WITH THE SAFE USE OF ANY ROADWAY, SIDEWALK, ALLEY OR UTILITIES . K . SCREENING REQUIREMENTS: LANDSCAPE SCREENING IS INTENDED TO PHYSICALLY BUFFER AND VISUALLY SHIELD ADJACENT LAND USES THAT ARE NOT FULLY COMPATIBLE . 1. EVERY DEVELOPMENT, FROM THE ADOPTION OF THIS SECTION, SHALL PROVIDE SUFFICIENT SCREENING SO THAT ADJACENT PROPERTIES ARE EFFECTIVELY SHIELDED FROM ANY ADVERSE IMPACTS OF THAT DEVELOPMENT, OR SO THAT THE NEW USE SCREENS ITSELF FROM POTENTIAL IMPACTS FROM USES ALREADY IN OPERATION . 2 . SCREENING SHALL BE REQUIRED BETWEEN THE FOLLOWING LAND USES AND/OR ZONE DISTRICTS: A . RESIDENTIAL USES AND ALL OTHER LAND USES; B . COMMERCIAL AND INDUSTRIAL USES; C . PARKING LOTS AND PUBLIC RIGHT-OF-WAY ; AND D . AS DETERMINED BY THE CITY. 3 . SCREENING REQUIREMENTS SHALL BE IN ADDITION TO LANDSCAPING REQUIREMENTS . 4 . WHENEVER STRUCTURES SUCH AS FENCES OR WALLS ARE USED TO CREATE A SCREEN, PLANTS SHALL BE LOCATED ON THE SIDES OF THE STRUCTURE WHICH ARE VISIBLE FROM ADJACENT RIGHT-OF-WAY ; -1 I - ------' "'~ . , • ... •· • 0 l I -• 0 z~ • 5 . SCREENING CRITERIA : A. SCREENING MAY BE COMPOSED OF A SOLID FENCE, SEMI- OPAQUE LANDSCAPING, OR COMBINATIONS THEREOF; B. SCREENING SHALL BE A MINIMUM OF THREE FEET (3') IN HEIGHT; C . FENCING SHALL COMPLY WITH "FENCES, WALLS , AND VISUAL BARRIERS", REQUIREMENTS OF THE ENGLEWOOD MUNICIPAL CODE; D . SCREENING SHALL NOT EXTEND INTO THE TRAFFIC SIGHT DISTANCE TRIANGLE ; 6. IT IS RECOGNIZED THAT BECAUSE OF THE WIDE VARIETY OF TYPES OF DEVELOPMENTS AND THE RELATIONSHIPS BETWEEN THEM, MINOR SCREENING REQUIREMENT DEVIATIONS MAY BE GRANTED BY THE CITY, WHENEVER SUCH DEVIATIONS ARE MORE LIKELY TO SATISFY THE INTENT OF THIS SECTION . L . PLANTING CRITERIA: 1. TREES SHALL BE OF SPECIES WHICH NORMALLY GROW TO A MATURE HEIGHT OF AT LEAST FIFTEEN FEET (15') IN THE DENVER METROPOLITAN AREA. A LIST OF RECOMMENDED TREES FOR ENGLEWOOD MAY BE OBTAINED FROM THE CITY . 2 . TREES OF SPECIES WHOSE ROOTS ARE LIKELY TO CAUSE DAMAGE TO PUBLIC ROADWAYS, SIDEWALKS, OTHER PUBLIC WORKS AND OFF-STREET PARKING FACILITIES, SHALL NOT BE PLANTED CLOSER THAN TWELVE FEET (12') TO SUCH FACILITIES. 3 . TREES , SHRUBS , ANNUAL AND/OR PERENNIAL PLANTS, VINES , GRASS , AND GROUND COVER PLANTED TO MEET THE REQUIREMENTS OF THIS SECTION SHALL BE GOOD, HEALTHY NURSERY GROWN STOCK. 4 . GRASS AREAS SHALL BE PLANTED IN SPECIES NORMALLY GROWN AS PERMANENT LAWNS IN THE DENVER METROPOLITAN AREA. GRASS AREAS MAY BE SODDED, PLUGGED , SPRIGGED OR SEEDED, EXCEPT THAT SOLID SOD SHALL BE USED IN SWALES OR OTHER AREAS SUBJECT TO EROSION . 5 . ALL PLANTINGS SHALL MEET OR EXCEED STANDARDS ESTABLISHED BY THE COLORADO NURSERY ACT (COLORADO DEPARTMENT OF AGRICULTURE ) AND THE AMERICAN STANDARDS FOR NURSERY STOCK (AMERICAN ASSOCIATION OF NURSERYMEN ). •. .. ' ., •· • , - • • • • • c. - 6 . SHRUBS AND OTHER PLANT MATERIALS WITH THORNS , SPINES, SEED PODS OR LARGE FRUITS SHALL NOT BE PERMITTED WITHIN TEN FEET (10') OF SIDEWALKS OR OTHER PEDESTRIAN AREAS . 7 . TREES SHALL BE PLANTED SO THAT AT MATURITY THEY DO NOT INTERFERE WITH OVERHEAD UTILITY LINES . M . VISmll.lTY: LANDSCAPING SHALL NOT OBSTRUCT THE VISIBILITY OF PEDESTRIANS AND VEHICULAR TRAFFIC AT INTERSECTIONS OR POINTS OF INGRESS AND EGRESS. NO LANDSCAPING WHICH EXCEEDS AN ELEVATION OF THE TOP-OF-CURB PLUS TWO (2 ) FEET SHALL BE ALLOWED IN SUCH AREAS, EXCEPT FOR SINGLE TRUNK TREES WlilCH ARE OF SUCH SIZE AND SO SPACED THAT NO VISIBLE OBSTRUCTION AND/OR TRAFFIC HAZARD IS CREATED . DETERMINATIONS REGARDING VISUAL OBSTRUCTIONS SHALL BE MADE BY THE CITY TRAFFIC ENGINEER. N . WATER CONSERVA110N <D:Bl8CAPE) PIUNCIPLES: APPLICANTS ARE ENCOURAGED TO FOLLOW XERISCAPE, OR WATER CONSERVATION, PRINCIPLES IN MEETING THE REQUIREMENTS OF THIS SECTION. XERISCAPE PRINCIPLES INCLUDE THE USE OF MULCHES, NATIVE AND ADAPTED LOWER WATER DEMAND PLANTS, LIMITED TURF AREAS , AND EFFICIENT WATERING METHODS; RESULTING IN SIGNIFICANTLY LOWER WATER USE AND DECREASED MAINTENANCE . 0 . APPEAL: APPEALS WHICH ALLEGE ERROR IN ANY ORDER, REQUIREMENT, DECISION OR DETERMINATION MADE BY THE CITY IN THE INTERPRETATION OF THE PROVISIONS IN THIS SECTION SHALL BE HEARD BY THE BOARD OF ADJUSTMENT AND APPEALS , PURSUANT TO SECTION 16-3-1 , HEARING & APPEALS . P . COMPLE'nON: THE CITY SHALL NOT IB&JE A CERTIFICATE OF OCCUPANCY FOR ANY BUILDING, USE OR STRUCTURE TO WHICH THIS SECTION APPLIES UNTIL THE LANDSCAPING HAS BEEN INSTALLED IN ACCORDANCE WITH THE APPROVED LANDSCAPE PLAN . IN EXTENUATING CIRCUMSTANCES, SUCH AS ADVERSE WEATHER, WHERE OCCUPANCY IS REQUESTED PRIOR TO COMPLETION OF LANDSCAPING, THE OWNER SHALL ENTER INTO AN AGREEMENT WITH THE CITY GUARANTEEING THAT THE REQUIRED LANDSCAPING WILL BE COMPLETED WITHIN ONE HUNDRED AND EIGHTY (180) DAYS OR A DATE SPECIFIED BY THE C ITY. Q . IRRIGATION: THE IRRIGATION OF ALL LANDSCAPED AREAS SHALL BE PROVIDED FOR BY ONE OF THE FOLLOWING METHODS : 1. A FULLY AUTOMATIC OR MANUAL UNDERGROUND IRRIGATION SYSTEM ; OR 2 . A HOSE ATI'ACHMENT WITHIN ONE HUNDRED FEET (100') OF ALL LANDSCAPED MATERIALS . -13- •, .. • • 0 I -• • <. . ... R . MAINTENANCE: 1 . MAINTENANCE OF APPROVED LANDSCAPING SHALL CONSIST OF REGULAR WATERING, MOWING, PRUNING, FERTILIZING, CLEARING OF DEBRIS AND WEEDS, THE REMOVAL AND REPLACEMENT OF DEAD PLANTS, AND THE REPAIR AND REPLACEMENT OF IRRIGATION SYSTEMS AND INTEGRATED ARCHITECTURAL FEATURES. PLANT MATERIAL WlUCH DIES SHALL BE REPLACED WITH PLANT MATERIAL OF SIMILAR VARIETY AND SIZE WITHIN ONE HUNDRED EIGHTY (180) DAYS. ,.. 2. PRIOR TO THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY, THE PROPERTY OWNER SHALL FILE A MAINTENANCE AGREEMENT. THE AGREEMENT SHALL ENSURE THAT IF THE LANDOWNER, OR SUBSEQUENT OWNERS, FAILS TO MAINTAIN THE REQUIRED/ INSTALLED SITE IMPROVEMENTS, THE CITY WILL BE ABLE TO FILE AN APPROPRIATE LIEN(S) AGAINST THE PROPERTY IN ORDER TO ACCOMPLISH THE REQUIRED MAINTENANCE. 3 . PROPERTY OWNER AND TENANT ARE RESPONSIBLE FOR LANDSCAPE MAINTENANCE AND ASSOCIATED LIABILITIES. Sed;jgp 2. The Engl-ood City Council hereby amends Title 16, Chapter 8, Sec:tion 1, of the Engl-ood Municipal Code, 1985 with the addition of the following definitiona, in alphabetical, order to the definitio1111 u follow1: 16-a-l: DBFINfflONB: ANNUAL CALIPER DRIP LINE EVERGREEN MULCH NEW DEVELOPMENT A PLANT THAT COMPLETES ITS LIFE CYCLE IN ONE GROWING SEASON. THE INCH DIAMETER OF THE TRUNK OF A TREE MEASURED SIX INCHES (6") ABOVE GRADE FOR NEW TREES. A VERTICAL LINE EXTENDING FROM THE OUTERMOST BRANCHES OF A TREE TO THE GROUND. A PLANT WITH FOLIAGE THAT PERSISTS AND REMAINS GREEN YEAR ROUND . NONLIVING ORGANIC AND SYNTHETIC KATElllALS CUSTOKARILY USED IN LANDSCAPE DESIGN TO RETARD EilOSION AND RETAIN IIOISTUU. DEVELOPIIBNT OF A SITE WHBllE LESS THAN nrrY PEltCENT <~> OF THE Dl8'l1NO STaUcn.JmS) 18 RETAINED AND INCORPORATICD INTO THE NEW STRUCTURE. -14 - . ' •, .. • • 0 I - OUTDOOR DISPLAY AREA PERENNIAL REDEVELOPMENT ROOT BARRIER SYSTEM SHRUB TREE XERISCAPE • • • AN OUTDOOR, UNROOFED AREA WHERE MERCHANDISE OR VEIUCLES ARE DISPLAYED FOR MORE THAN TWENTY- FOUR (24) HOURS. A PLANT THAT REGROWS FROM THE SAME ROOT STOCK YEAR AFI'ER YEAR . ;~ DEVELOPMENT OF A SITE WHERE FIFI'Y PERCENT (50%) OR MORE OF THE EXISTING STRUCTURE(S) IS RETAINED AND INCORPORATED INTO THE NEW STRUCTURE . A PHYSICAL OR CHEMICAL BARRIER THAT PROIUBITS OR DISCOURAGES LATERAL ROOT GROWTH UNDER SIDEWALKS AND OTHER HARDSCAPE AREAS . A SELF-SUPPORTING WOODY PERENNIAL PLANT OF LOW OR MEDIUM HEIGHT CHARACTERIZED BY MULTIPLE STEMS AND BRANCHES CONTINUOUS FROM THE BASE, USUALLY NOT MORE THAN TEN FEET (10') IN HEIGHT AT MATURITY. LARGE, SELF-SUPPORTING WOODY PERENNIAL PLANT WHICH NORMALLY GROWS TO A MATURE HEIGHT OF AT LEAST FIFTEEN FEET (15'), USUALLY WITH ONE MAIN STEM OR TRUNK AND MANY BRANCHES. MAY BE DECIDUOUS OR EVERGREEN . LANDSCAPE METHODS WlilCH CONSERVE WATER THROUGH THE USE OF DROUGHT-TOLERANT PLANTS AND PLANTING TECHNIQUES. Introduced, read in full, and paued on fint reading on the 2nd day of March, 1998. Published u a Bill for an Ordinance on the 6th day of March, 1998. 'nlomu J . Buma, Mayor ATTEST: Louc:riahia A. Ellia, City Clerk -IS- . ' • . .. • • 0 I }- - , • OIIDINANCB NO. _ I SERIES OF 1998 .. • • • ... BY AUTHORITY , . ... COUNCll. Bil.J.. NO. 8 INTRODUCED BY COUNCIL MEMBER HABENICHT ,, - AN OBDDIANCB APPROVING SUPPLBIIBNT NO. 181 TO TRB SOUTRGATB SANITATION DISTRICT CONNECTOR'S AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 4.886 acres into the District; and WHEREAS, said inclunon ia located in ar-wood Village between East Belleview and East Orchard off South Colorado Blvd.; and WHEREAS, the zoning of this property ia lingle family residence Residential R2 .5; and WHEREAS, said anneution of this additional parcel of land will not in~ue the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No . 136 to the Southgate Sanitation Dilltrict at the January 13, 1998 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sectjm 1. The Agreement between the City aCEnpewood and Southgate Sanitation District entitled "Supplement No. 136, to Connector'• A,rNment", which includea approximately 4.886 acres located in 0-wood Vallap between Eut Belleview and East Orchard off South Colorado Blvd., ia hereby accept.ed and approved by the Englewood City Council. A copy of said Agreement ia attached hereto as "Emibit l" and incorporated herein by reference. 5ec;ticm 2 . The Mayor and City Clerk are hereby authorized to Bien and atteat, reapec:tively, the aaid Agreement for and on behalf of the City Council and the City aC Englewood, Colorado . Introduced, read in full, and pueecl on tint reading on the 17th day of February, 1998 . -1 - ' I •, 10bi I .. • • 0 I ,.. ~ I -• • • Publiahed u a Bill for an Ordinance on the 20th day of February, 1998. Read by title and puaed on final reading on the 2nd day of March, 1998. Published by title u Ordinance No. _, Series of 1998, on the 6th day of March, 1998. Thomas J. Burns, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing ia a true copy of the Ordinance puaed on final reading and publiahed by title u Ordinance No. _, Seri• of 1998. -2- • < ·- ' .. • • 0 - ,J • • • • f • . -' '· lHII.U IT, ._._, ..... inm byand ---.111eaTY ~ .... ,-v,n, ll:lilll llJ llld ..... ill duly alllllliZad Maya' and Cly Cllrll. lwai ... Clllld ew-ca,.• llldlDU'THIIAff WT'A110NIIIINCT,.....,_ and ea..-Counllla. CclllndD. , ..... Clllld tlla.,,....,. wm 111111t: lM IBIBAS. an the 21111-al Juna. 1911 , the City and t1ie oa.icl ..._..,., Ag,w,w•inwlidl .. Cly....,ID ~ .....-o.igi;-,o tam 11,e Dlallicl'S __, --..... wllin the .. ,.,,. by 11,e OlaRt. wnlct'I Ai,w,••-~.-..,.._.byCama:D'sAi,w,w•~Nu.a,ib& 18, 1111: and •• 2.AI. llid Cama:a'sAu,w,w• PftMdla llal tlie clllict ma, nat .-va a._.._ willllllt ....... canwit a1111a City; NOW, nu• ORB. in cuiillidlililllll,, at Ille mu11111 cu.ewe and Ui-lllki· haail -farll. the sa1ill agla a falllM9: 1. lliaCly--~ 111 tlleinclulian alca1ai ....... .. lomld in Dauglll Ccully, CaaadD. --by....., G. .... Dalllllla .._._ and 1111119U,Callilatan &lillitA..,......, and iwww,awa.d lw9in by ,..,.__ inm Saullgll9 s.n.o.i oi.nct. n.. City ...... _. addillallll .. ..., .. ..,. will ... _____ al ... Olln:t. and .. Ille City wil tr.-tlle --am dlll:naigad inm the City's tnnt line tam ad ...... --. al in wwwdliu will .. eann.:a's Au,w,w• c-.. NawauiDIII 11. 1-. Accuidlngl,. Eldilit A ,.,.,_ to in ~ 1 al tlle eo.,w·s Ag.w••• dlald .......... 11. , •. ii ... maillld to iraa sud! addillallll ... 11 wrTN1S1 ••wr. the sa1111 i.. • tlleir ,_... and -.. ___ at_ ,,_. ATTEST: CITY~ .. IIIOOD 11,:==--------YQII ICJUTMUff WfATlaN IWIM.T, ...... MDDDI• •cauNIWIL COIOIUDO ~~-------- "'~ E X H I B I T 1 • • ' I . • 0 I ]- • .. • t• - .. l#HIBrr A LOT 3 , SIEBll VISTA, ACCORDDIG 't'C 'l'JIE PJDJJIDBC i'LAT THEREOF, COUlili' OF AllAPAIICE, rm OF COLORIOO, 't'CG&IW WITH A IIOB- EXa.DSIVE PEllPETaAI. DSDIEIIT !'OJl tFU'SS AIID IGRESS OIi AJIID ACROSS THE PRIVATE RCAC DSEMDT OIi THE IISTDLY lS FEET OF UJT 4 , SIDJIA VISD, AS SIEIIII' OIi THE IEa:DIDED PLAT. Also lmawa -= 3 949 Eaac Gardan r..aa, Lictlecon, Colorado 80l.2l. LOT 4, SIERRA VISTA, .ACCORDDIG 't'C ?BE ac:omm:c i'LAT THEREOF, EXCEPTDIG Alm RESDVIllG Fila-I SAID IDT 4 Dr FAVOR. OF THE 01111ER OR 01IIIDS OF IDT 3, SIERRA VISTA, A --ua.tJSIVE PEJUIE'l'tJAL DSEMDT FOR I11GRESS Al1D EGRESS OIi AIID ACIOSS 'l'BE PRIVATE ROAD DSEME1IT ON THE EASTERLY 15 FEET OF LOT 4 , SIDRA VISTA,' AS SIIOW OIi SAID RECORDED PLAT. COO&If OF ARAPABCE, STATE OF COLORADO. Also lcncwn aa: 3 90 l Garden Avenue Littleton, Coloradc 80l.2l. . , .. • • 0 I I - ORDINANCE No./..1 SE~OF1998 . ' • 0 t• • BY AUTHORITY COUNCIL BILL NO . 11 INTRODUCED BY COUNCIL MEMBER HABENICHT ,,,_ AN ORDINANCE AIIBNDING TITLE 12, CHAPTEBS lB AND 2, OP THE ENOLEWoof> MUNICIPAL CODE 1985 PERTAINING TO REIMBURSEMENT FOR WATER AND SEWER MAIN EXTENSIONS. WHEREAS, the current policy concerning water and aewer main extensions has been reviewed with regards to the City incurring the initial expense of the extensions of water and sewer mains subject to recovery from the requesting party; and WHEREAS, the Englewood Water and Sewer Board, at their January 13, 1998 meeting, reviewed and recommends the recovery shall be upon completion of said e:rtelllliOllll and shall involve the entire coat of the main extension; and WHEREAS, by the p888age of this Ordinance the City shall recover the entire coat of the main extension upon completion of said e:rtensiona for water and sewer mains; 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 authorizes the amendment of Title 12, Chapter 18, Section 3, Subaec:tion B, which shall read u follows : 12-18-3(8 ): Extension Of Distribution Maina: When it ii requested in writing to enend a distribution main in order to serve a reepollllible applicant or applicants whose property ii located within the City, the City will make such extenaion at its own expense subject to recovery. RECOVERY SHALL BE FROM THE REQUESTING PARTY OR PARTIES AND SHALL BE UPON COMPLETION OF SAID EXTENSION. RECOVERY SHALL BE DEFINED AS THE ENTIRE COST OF THE MAIN EXTENSION . THE REQUESTING PARTIES SHALL DEMONSTRATE THE ABILITY TO REIMBURSE THE CITY FOR WATER MAIN CONSTRUCTION COSTS PRIOR TO CONSTRUCTION . 1n the case of new 1ubdivi1iona or revised plattinp, the applicant shall submit to the Waw Di. ieillll CITY three (3) approved prints of the area involved upon which shall be shown the lot and block numben and the house numben. All water mains shall be CONSTRUCTED ACCORDING TO STANDARDS AS ESTABLISHED BY THE CITY AND SHALL BE located within dedicated public richts of way or acceptable recorded eaHmentl. . ' • 10b ii .: •· • 0 .. I • • t~ • ' '· Sec;tion 2. 'The City Council of the City of Englewood, Colorado hereby authorizes the amendment of Title 12, Chapter 2, Section 9, Subaection A, which shall read as follows : 12-2-9: CONSTRUCTION OF SEWERS; EXTENSION OF MAINS; COSTS; INSPECTION: A . When an application is received to extend the collection main in order to serve the applicant or wier whose property is located with.IN the City, the City shall make such extenaion at ita own expense, subject to recovery of said coeta and provided that the extension is to serve land properly subdivided. RECOVERY SHALL BE FROM THE REQUESTING PARTY OR PARTIES AND SHALL BE UPON COMPLETION OF SAID EXTENSION. RECOVERY SHALL BE DEFINED AS THE ENTIRE COST OF THE MAIN EXTENSION. THE REQUESTING PARTIES SHALL DEMONSTRATE THE ABILITY TO REIMBURSE THE CITY FOR SEWER MAIN CONSTRUCTION COSTS PRIOR TO CONSTRUCTION. ALL SEWER MAINS SHALL BE CONSTRUCTED ACCORDING TO STANDARDS ESTABLISHED BY THE OITY AND SHALL BE LOCATED WITHIN DEDICATED PUBLIC RIGHTS OF WAY OR ACCEPTABLE EASEMENTS. In the event that the extenaion ill to serve nonsubdivided, industrially zoned lands within the City, the .Bifoeetep CITY may require that the applicant or Wier extend the collection main at his own coet and expense, subject to an equitable method of recovery of coeta. Introduced, read in full, and paued on tint reading on the 17th day of February, 1998. Published as a Bill for an Ordinance on the 20th day ofFebnaary, 1998. Read by title and passed on final reading on the 2nd day of March, 1998. Published by title as Ordinance No. /'f, Series of 1998, on the 6th day of March, 1998. Thomas J . Burne, Mayor ATTEST : Loucrishia A . Ellis , City Clerk I , Loucrillhia A. Ellill , City Clerk of the City of En,1-ood. Colorado, hereby certify that the above and foregoing ill a true cop7 JJf the Ordinance pa.ued on ftnal readin, and published by title as Ordinance No.t.:/, Series of 1998. " -. , • .. •· • 0 I I ]- • "' - • • (. BY AUTHORITY oaDINANCE NO. _ SERIES OF 1997/1998 COUNCIL BILL NO. 82 INTRODUCED BY COUNCIL MEMBER WAGGONER AN OBDDf.ANCB APPROVING AN AMBNDIIBNT or TBS PLANNED , DEVELOPMENT FOR CORNERSTONE PARK (SOUTH SUBURBAN PARK AND UICBA'l'ION DIS'l'BICI') AND DITDOOVmDlft'AL AOQl!NJINT l'OR THE INCLUSION OF 2 IN-LINE HOCKEY BINKS, 1 SKATE PARK, 4 IIU'OmlAftON,.t!~, , IIDLTDS Wl'l'IIOtn' lla'l'ROOMB AND 107 I ADDmONAL ~G SPACES. WHEREAS, the s~i, ~cil approved the South Suburban Park and Rec:reatioo Diatrict'a Plamed Development with the pauage of Resolution No . 95, Series of 1993; and WHEREAS , South Suburban Parka and Recreation District filed an application for an amendment to the 1993 Cornerstone Park; and ' WHEREAS, the propoaed amendment w!)llld include the inclusion of 2 in-line hockey rinb, 1 skate park, 4 information kiosks, 4 shelters without restrooms and 107 additional parking spaces; and WHEREAS, the Engl-ood Planning and Zoning Commiuion held a Public Hearing on Au,uat 5, 1997, reviewed the Amendment of the Planned Development and added the followinc condition: 1. The skate park aball be IIUl'l'OUDded by a minimum six foot (6') hip fence, with loc:kiq ptea; WHEREAS, the Encl-ood Planninc and Zooinc Commiuion also made the following recommmldaticma to the Dimiet: 1 . The District should improve md provide additional pedestrian aeceu &om the Soutt-t caner at the Park to the internal path ayatem with defined crouwalb and liclewalb; and 2 . The District should mitipt.e the impact of vehicle headlights on •urroundinc reeidattial -by uae of sradin,, berms , or other means to prevent intnaaion at the beadlighta on the residential -; and 3 . An in-depth revi-at licbtinc apecificatiooa for the par1tin, Iota and llkatin( areu be undertaken by the District, addnuin, iaauea such u heipt of atandarda, cleftectian of licbt rays downward, foot-candle ratinc of bull,e. A licbtins plan enC01Dpuain, thia informatioo, u a minimum, •hall be prepared and presented to City Council abowinc a mitigation of the impact of the propoaed lichtinc fOI' both the venues and the parkin, Iota on the aunoundiJlr reaidmtial -; -l - .. • • 0 I ]- • 0 • A Public Hearing was rescheduled for November 3, 1997 and wu continued until January 19, 1998 A Public Hearing was rescheduled for January 19, 1998 and wu continued until February 17 , 1998. A Public Hearing wu held on February 17, 1998. Read by title and pa&lled on final reading on the 2nd day of March, 1997 . Tbomu J . Burns, Mayor Loucrishia A. Ellis, City Clerk -2- ..... ,,, - .. •· • 0 , ~I 1- • • • "" • I• ·~ • <. I, Loucriahia A Ellis, City Clerk of the City of En,lewood, Colorado, hereby certify that the above and foreping ia a true copy of the Ordinance paued on final reading and published by title u Ordinance No ._, Series of 1997. Loucriabia A Ellis ,, ~ . 'I ~ • ' . .. - • • • • COUNCIL COMMUNICATION Date Agenda Item Subject Allen Plant Improve- ments -Fourth Amendment to March 2, 1998 1oc1 I Agreement with CDM Initiated By Utilities Department I Staff Source Stewart Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Original Agreement was approved by Council May 6, 1996, the First Amendment was approved by Council on September 6, 1996, the Second Amendment was approved by Council February 3, 1997 and Council approved Amendment No. 3 for design modifications on September 2, 1997 for Allen Filter Plant Improvements . RECOMMENDED ACTION The Englewood Water and Sewer Board recommended Council approval, t,r motion, of the Fourth Am•ndment to Agrwnent at their Fllbruary 10, 1a fflNllng. BACKGROUND, ANALYSIS, AND AL TERNATlVES IDENTIFIED Camp, Dresser & McKee, Inc., (CDM) submitted the Fourth Amendment to Agreement modifications and additions to the final design of the Allen Plant Improvements. The Fourth Amendment would include line of sight controls the Union Avenue Pump Station for controlling chemical feed equipment, conformed documents to incorporate all addenda items and original design information into one set of documents, a flood wall redesign to improve accessibility to the Southgate Sanitation District sewer and accommodate the newly constructed bridge over Big Dry Creek, investigations and negotiations with a second potential carbon supplier -ACMS. preliminary design report for a chemical storage and feed facilities for continuous feed of phosphate solution for the water distribution lines, a stand-alone emergency generator to power the ventilation equipment in the high hazard areas. final design of the sodium hypochlorite feed and storage facilities and extending the bid opening date by one month, and providing construction management for an additional 190 calendar days. FINANCIAL IMPACT The amount of the proposed COM Fourth Amendment to Agreement is $371, 138.00. The water rate increase to fund this project was passed by Council on March 18, 1996. No additional rate increase is necessary to fund this amendment. LIST OF ATTACHMENTS Fourth Amendment to Agreement from COM • • • 0 ' I • "' - • .. FOURTII AMENDMENT TO AGREEMENT This FOURTII AMENDMENT made this day of , 1998 between the City of Englewood. Colorado ("OWNER") and Camp Dresser & McKee Inc. ("ENGINEER") modifies the AGREEMENT between the OWNER and the ENGINEER dared May 6, 1996, as subsequently modified by the FIRST, SECOND, and nmw AMENDMENTS. 1be AGREEMENT is modified by this FOUR'Ili AMENDMENT to (I) provide modifications and/or additiaaa 1D the final design of improvements to the Allen WTP; (2) Bidding Phase Services Moc.fificmaa; w1 (3) CODSUUc:tion Phase Services Modification. Specifically, tbe following modific:Miom 1D Exbibil A to the AGREEMENT are agreed ro: I. Add the following paragraphs to Exhibit A: "1.S Additional Design Investigations and Final Design: I) Investipre and redesign "Line of sight" controls for the Union Avenue Pump Station. 2) Prepare confonned documents incorporating all oftbe addenda items and the original design infonnation into one set of documents. 3) Redesign the t19C)d wall along Big Dry Creek to accommodale the desires of Soad!pe Sanitation Dillrict and the COOT re-alignment of the Bridp on W'mdemeft A venue. Prepare evaluation of al1efflllives for the redesign for the COOT Bridp re-alipment to include the estimmd consuuctioa com, pro's and caa's. 4) lavestipe and assist in aqociaaoas with a second supplier of ICtivaled carbon. S) Prep.e a preliminary desip report for a phosphate feed syam • the Allen WTP. 6) Prepue a preliminary desip report and final desip for an emeapocy pnaamr to meec code requirements oudiaed by the City's Buildiq Depanmem. 7) Prepare UI evaluation and provide justification for the final design of the sodium bypochlorile feed and SIOnp syslml. I) Assist in investiptions of feasibility of purchuina and using a new belt filter press for sludp dewaferinl openlbOIIS. 1.6 Biddiq Phase Services described in puapaph 2.J of tbe AGREEMENT were aumorizld under the nmID AMENDMENT. With the exiension of the bid ct.. additional Biddin1 Phase services are required of the ENGINEER. 0.Gffl •••• 1be net cost for printina of the contract documents issued durin1 the Biddin1 Pbue wu to be paid for by the OWNER. Net cost is defined as the IClUal cost of prinana a arraapd for by the ENGINEER less the net value of the document deposits received wl held by die ;,, -. I °'1 .. • , . ' • 0 ]- • ;- • t• . • ' ,, ENGINEER. from prospective bidders after all refunds have been issued. The net cost was a credit to tbe City of Englewood for S8S8. 1.7 The COIISlrUCtion Phase Services described in parqraph 2.4 oftbe AGREEMENT were IUlborized through August 31, 1999 by die nmm AMENDMENT. During tbe Bidding Pbue, tbe consauction period was extended through Decemw 31, 1999. Extended CGllllrUCtion phase services through that dale are lmeby aulborizled. 2. The schedule for performance ofENGINEER's services in tbe FOUlllH AMENDMENT is as follows: Cmnms;ncc Work CgmpJcw Worjc 1.5 Additional Design Investigations and Final Work underway April 30, 1998 Design 1.6 Bidding Phase Services October 1, 1997 Decemw 31, 1997 1.7 Consuuction Phase Services January IS, 1998 October 31, 1999 (substantial completion) Decemw 3 t, 1999 (final completion) 3. Payment of Services rendered by ENGINEER. The following are budget coses for services amboriDd by this FOURTH AMENDMENT: 1.5 Acldiliaaal Desip lnvesapaoas aad Final Desip I) Line-of-Sip Colllrols for Union A-Pump Slalioa $4,200 2) Coafonned Doamnn S,1,060 3) Flood Wall lledlsip (baNd OD alllnmive of c:roaiDI die aaillry-iD twO locaiaal --llllllllola) $42.124 4) SecoDd Aaivaai Cartlaa Supptilr $3,150 S} Pllalpbm Feed S~ Preilalialey Daip R.,an SI.JOO 6) EmapDcy a-.ar SJ0,500 7) Sodium Hypocblarill Fe.t S~ S2,l30 I) AllilmN:e widl Belt FUmr Prm lavaliplioa (Allowmm) 1lil.mlll Subcola1. Addilioaal Desip $152,164 1.6 Biddilla Phae Slrvic:IS 1.7 GcllD>W en• I) Services associaled widl IXlalllioa of bid dllll 2) Documem primina Ccndil) Subcola1. Addilioaal Biddlai Pllw Sarvices Camnaiaa Plme Services I) EXl8lldld Raidlnt Ensi-'inl 2) Extllldld 0--1 S.Vicls Tocal $34,550 ~ $33,692 ffl,491 1lJlfi.a!l $114..512 mW& 2 • ' • • 0 I ~? I • 0 , . • Accordingly, the following modifications -made to parqraph 4.1 of E.uibit A to the AGREEMENT: "4.1 For the Basic Services perfonned. the OWNER qrees to pay the ENGINEER fees not to exceed $2,571,396. The portion of the total fees aaributable to each component of the project is as follows: Preliminary Design Residuals Assiswlce and Srudy First Amendment -Floc/Sed Equipment Investigation Second Amendment -Final Design Third Amendment -Additional Design -Bidding Services -Consauction Services Fourth Amendment -Additional Design -Additional Bidding Services -Additional Construction Services Total $251,127 67,927 19,864 992,000 216,340 30,000 623,000 152,864 33,692 184,582 S2 57 ) 396 4. Reason for FOURTH AMENDMENT I.S Additional Design Investigations and Final Design 0.0¥9 .... 1) "Line of Sight" Controls for Union Avenue Pump Swion -A hard-wire control sysiem has been designed for the Union Avenue Pump Swion. The controls are for controlling chemical feed equipment placed in the Old Pump Swion. The hard-wire symm entails burying a conduit in the soil between the Old Pump Swioa and the Union A venue Pump Swion. A change to "line of sight" control system has been requested by the City due m concerns reprdina the poor soils conditions pomntially causing constnlction, opemions and maimenanc:e problems. A "l~f-sigbt" system does not have buried conduits and will therefore eliminate the potential problems rewed to the soils . 2) Conformed Documents -Conformed documents will be prepared to inc:orporaie all of the addenda items and the original dcsip information into one set of documents. The addenda items include Addendum No. I, 2, 3 and 4. Addendum No. I is the drawings and specifications for the electric:al. insaumenwion and control designs for the project. Addendum No.s 2 and 3 primarily comain responses to questions from the bidders and designs of some miscellaneous items. Addendum No. 4 primarily contains responses to questions and commena from the City's Building DepanmenL Addendum No.s I and 4 -a direct result of the time constraints imposed on the project by the deadline for the SRF Loan Application. Had there been more time, most of the contents of Addendum No.s I and 4, and portions ofNo.s 2 and 3, could have been incorporated into the original desi", infonnation. The conformed documents will facilitate the construetion of the project by clearly presenting the requirements to the Contractor. •· • 0 , -• • • The agreement with Centric/Jones states that the City of Englewood will provide ten sets of design documents to them for their use. In addition. the City of Englewood and Camp Dresser & McKee Inc . will need copies for their use. 3) Flood Wall Redesign -The flood wall has had to be redesigned to : (a) improve the accessibility to the underlying sanitary sewer for the Southgate Sanitation District. 111d (b) accommodate the re-alignment of the newly consttuc:ted bridge over Big Dry Creek. In response to requests from the Southgate Sanitation Disuict, the transition of the flood wall where it crosses over the 60-inch sanitary sewer wu redesigned. The redesign involves opening up the width of the transition to improve the access to the sanitary sewer. lbe flood wall will tie into the newly constructed Windermere Street bridge over Big Dry Creek. For the original design of the flood wall. the ENGINEER wu provided with COOT documents for the design of the bridge. Discrepancies in the bridge design infonnation were discovered during design. To correct the discrepancies. it was necessary to resurvey the area around the bridge to obtain an as-constructed topography . Due to site constraints presented in the as-consuucted topography, the flood wall will have to be redesigned where it anaches to the bridge. The redesign will involve another crossing of the sanitary sewer owned and maintained by the Southgate Sanitation District. There are a number of alternatives for crossing the sanitary sewer. The alternatives either impair the accessibility to the sewer or have a bigb consttUction cost and possibly impair the use of some of the facilities at the Allen Waser Treatment Plant. A study of the alternatives is necessary for discussions and negotiations with the Soutbpte Sanitation Disuict. Once an alternative is agreed upon. the redesign can then proceed. 4) Carbon Supplier Options and Agreements -Operating conditions at the Allen Waser Treaanent Plant have rendered a situation where the warranty originally proposed by tbe Calgon Corporation for the service conD'Kt for the granular lctivaled carbon was uaacceplable to the City of Englewood. The Calp Corporation wu initially unwilling to relax the warranty conditions. ln response to this situation. iavestiptions and negociations were pursued with a second porential carbon supplier, ACMS. Calgon Corporation has since chaqed its wamnty to meet the needs of the Allen Waser Treatment Plant. As a result of its negociations. the City of Englewood now has two potential carbon service companies to chose from for the project. S) Phosphate System -Treated potable water from the City of Englewood's (City) Allen WIier Treatment Plant (WTP) is delivered to customers via a nerwork of water main piping referred to as the •distribution system.• The majority of the distribution sySlem is comprised of small-diame1er (e.g., 4 inch) unlined cast iron pipe, which has been in service for several decades. Over time. the effective diameter of the pipes in tbe disuibution system has slowly been reduced by tuberculation buildup on the imemal pipe walls. This has been observed throughout virtually all reaches of the distribution system . The tuberculation limits the ability of the City to deliver the required flowrues and/or pressure required by its water customers. Funhennore, periods of high demand incre:ue the flow velocity in the disuibution system. resultin& in shearing of the deposited tuberculation materials. These materials are then resuspended in the wuer traveling through the distribution System and are observed , , •· • 0 ·-• • • at customers' raps, which results in numerous "red water" or high-turbidity complaints from customers. A two-part program has been proposed by the ENGINEER to mitigate these dislribution system issues. It is recommended that the City continue to mectwuc:aJly clean affected sections of the distribution system piping followed immedwely by application of a liquid phosplwe solution to prevent corrosion of the resulting bare mecaJ. The second part of the proposed plan includes continuous feed at the Allen WTP of a different liquid phosplwe solution to further control corrosion and prevent deposition of particullle mauer in the disaibution system. Details of the distribution system issues and the recommended corrosion c:ontrol plan are included in die repon tided Ciry of Earlewood. Colorado: Corrwion C01111"0I S"'1ly (CDM 1998). Thar repon a!so includes a recommended set of tests to be performed by the City to derermine the optimum chemicals and doses to be used. It is imponant to note that this program is expected to reduce the occurrence of "red water" at customers' raps. but such occurrences will not be completely eliminaled. Mechanic:aJ cleaning of segments of pipe in the distribution system will continue to release deposited rruuerials back into the water system for a period of a month or more following the cleaning. However, the "one-time" application of chemic:aJ following the cleaning is intended to reduce the severity of this effect. Upon commencement of the preventive program, it is anticipated that over time, the frequency ofmechanic:aJ cleaning of the system will be reduced, and subsequent "red water" occurrences will likewise decrease. ENGINEER will prepare a preliminary design letter report for the proposed chemic:aJ storage and feed facilities to be installed for continuous feed of phosphare solution at the Allen WTP. Final design will be llllhorized., if necessary, after the testing program. 6) Emergency Generator. The Allen Wuer Treaanenc Plant is provided with elecaical power throup tw0 feeders from the Public Service Company. The initial design considered usina one ofdlese tw0 feeders as an emerpnc:y power source to die aaanent planL Durio& the review oflbe desian by the City's Buildin1 Depanment, it wu determined that a stand-alone eme.pocy paeaaru. is required, insread of one of die feeders. to power the ventilalion equipment in die hip hazard areas. 7) Sodium Hypochlorite lnvestiptions 111d Report • The operations staff at die Bi-Cities WISteWller Treatmenc Facility reviewed IDd commented on die final desian ofdle sodium hypochlorite feed and sto~ facilities. Their review commencs called for facilities significandy different than whir wu designed. The as-designed syS1em wu reviewed, documented. and justified. 8) Assistance with Belt Filter Press lnvestiptions • The existin& belt filter press is 10 years old . It hu been recently discovered that a slishdy-used newer press is available for purchue through a nearby sanimion dislrict. Preliminary nqocwions indicate that the press can be purchued for SI0,000 to $90,000, approximately half die cost of a new press . Further investipions an aecessary to determine the feasibility ofusin1 die press in the new facilicy . An allowance ofSI0,000 is authorized to aaist die CITY with the invesciptions. 5 .. • • - • • II -• • • 1.6 Additional Bidding Phase Services I) Exiended Bid Period -In an effort to attract the top local contractors, encourage competitive bidding, and obcain the best possible bids, the City of Englewood maaded the bid opening dale for the project by one month. During the exrended bid period, the ENGINEER imerviewed contl'IC10rs, prepared additional addenda i1111DS raponding to questions from tbe bidders, consulted with tbe City, attended meetings, and provided management and adminislration of the extended bidding period. The City of Englewood's efforts to extend the bid period has paid off. bids were received &om five top local comracron, the range of bids wu very llln'OW, and the low bidder's price wu considerably below the Engineer's Opinion of Probable Comlruction Cost. 2) Final Document Printing -Reproduction and disaibution of tbe design documems to tbe bidding conll'ICtors, plan rooms, and vendors is essential to aaracting interested panies to the project. The design documents were sold to tbe9e parties to cover the associated cosu resulting in a nominal credit to the City of Englewood. I. 7 Additional Consuuction Phase Services I) Exlended Services During Construction • In response to requesu from several of the bidding conD'llCtOrS, the City of Englewood exleDded the connct time for completing tbe project. The extended COlllnCt time will provide for more time during the low flow season. tbe time when most oftbe critical consauction activities will take place. Giving the bidding c;omraaon more time during the low flow seuon has undoubcedly reduced bid prices and will likely reduce the polm1tial for COIISU'Uction c:Jaims. The coanct time bu been exmnded to 619 calenclan from 499 calendar days (an increue of 190 calendar days). For tbe time exrension, tbe ENGINEER will lllllnd additional c:oordinuion and props meetinp: provide additional raident project represamive avices; rapond to additional questions. and requem for clarificatioas and ~ 111d provide additionaJ manapmau and adminimuion oftbe coamuctioa phase. All Olba' tarms llld c:ondmons of the AGREEMENT of May 6, 1996, as amended. mnain in full force 111d aflilct. IN WITNESS WHEREOF, the parties hefflo have executed this FOURTH AMENDMENT to the AGREEMENT ID be etr.ctive u of the dale first above wrian . o:..-. ••• ------·- e ' ' .. • • . , • 0 '--. I 1- - OWNER.: Cjgy of Eon;wpqd na..1.a... Tide; Maypr Cjgy of'fam...,,,,, ;woo Seide a,; - EITl"P94 Cckn1o IQJ JQ Ge ....... • • • ENGINEER: c.tP. Hauck )331 )7Jh SCrM, Ste )200 ;- ' ' 'I t" • • • 0 I I - , , • • • '· • COUNCIL COMMUNICATION Date Agenda Item SUbfact Littleton/Englewood Wastewater Treatment Plant March 2, 1998 tecl Pick-up Trucks (3) Purchase Initiated By Staff Sources UE Wastewater Treatment Plant Stewart Fonda, Utilities Director Supervisory Committee Jim Tallent, Operations Division Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the capital replacement of one heavy duty 4x4 pick-up truck and the new purchase of two pick-up trucks in the 1998 budget. RECOMMENDED ACTION The action recommended is to approve-~ .. Gllllll!IIJ.--Mnl punlhMe of one heavy d,Atf 4114 pick~ lrUdt and .. purc:hMe of two MW iifi'~ from Fogle OldllGMC In the amount of • illf.00. ff'his cost includes recommended options for all three vehicles. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The heavy duty 4x4 pick-up is a capital replacement vehicle scheduled for 1998 replacement. This vehicle is used for fuel transport, soiVwater sampling and performing other tasks related to the operation of the biosolids Beneficial Use field application program. The remaining two pick-up trucks are new unit purchases required for staff increases in the Maintenance Division at the Littleton/Englewood WWTP. The purchase is necessary due to changes is job requirements and responsibilities. All units will be purchased through competitive bids solicited by the State of Colorado. Staff reviewed available bid units for technical acceptability and purchase recommendations have been made. FINANCIAL IMPACT The cost of this expenditure will be shared 50/50 by the Cities of Englewood and Littleton. UST OF ATTACHMENTS Vehicle Replacement Schedules Recommendation for Purchase • I • • 0 , LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2IOO S . --o,;,.. ~-Color.-80110 (3031 792.2900 FAX 782·2920 MEMORANDUM TO: Dennis Stowe, Plant Manager • • • . . FROM: Jim Tallent, Operations Division Manager DATE: February 12, 1998 SUBJECT: Recommendation for Purchase of one Heavy Duty 4x4 Pick-Up Truck "' - The Beneficial Use Division bas a one ton 4x4 flat bed truck scheduled for capital replacement in 1998 . Vehicle bids were obtained from the State of Colorado, Division of Purchasing. and reviewed for acceptability . The GMC Sierra, heavy duty, 4x4 pick-up truck is the only large 4x4 model listed and is technically acceptable for purchase. I recommend purchase of one GMC Sierra 4x4 pick-up truck from Fogle Old.s/GMC in the amount of $22,868 .00. This purchase shall include the following : cc : • Standard Vehicle Base Price • Option #217 engine option for 6.S Turbo Diesel • Option #408 rear axle-anti spin • Option #430 towing/receiver hitch • Option #443 strobe light • Option #450 skid plate, fuel tank • Option #S 16 left door post spotlight • Engine block heater Total Pat White, Fleet Administrator Betty Goosman, Buyer 1H $19,329.00 S 2,395 .00 $269.00 $173.00 $249.00 $127.00 $279.00 $47.00 $?2 woo • I •, ' •· • 0 , ~• 1- ,· ·~ LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 s . --D,,-~. ~ 10110 (303) 712-2100 FAX 7112·2'20 MEMORANDUM TO: Dennis Stowe, Plant Manager • • • ,, FROM: Joseph Payne, Maintenance Division Manager DATE: February 12, 1998 SUBJECT: Recommendation for Purchase of two Pick-Up Trucks ,. - ,.. The Maintenance Division requires two pick-up trucks due to additional staff and changes in job requirements and responsibilities. Vehicle bids were obtained from the State of Colorado, Division of Purchasing, and reviewed for acceptability. The GMC Sierra, X8 l pick-up truck is technically acceptable for purchase. I recommend purchase of two GMC Sierra X8 l pick-up trucks from Fogle Olds/GMC in the amount of $27,296.00 . This purchase shall include the following: • Standard V chicle Base Price • Option #430 towing/receiver hitch subtotal Total cc : Pat White, Fleet Administrator Betty Goosman, Buyer III $13,460.00 S 188.00 $13 648 OQ x2 $27.2t6.00 . , • . ... • • 0 I I Vehicle Number 84NEW 8445 84NEW 8427 8428 8429 8432 8418 8419 8430 84new 8441 8444 84new Vehicle Number 8438 8439 Ju ly 2, 199 • • t• • '· . \ '\ 11-03 BENEFICIAL USE EQUIPMENT REPLACEMENT SCHEDULE Description, Replacement Model Estimated Description Year Replacement Division Date 10 Yard Dump Truck. 1997 2012 JD Soreader, 785 1995 2003 Tractor 1997 2012 ----~--· John Deere 4450 11 uctor 1987 held OVW' 10 Yard Dump-GMC 1990 1999 10 Yard Dump-GMC 1990 2000 -. One Ton Pick-up, Chevy 1991 1998 East Push Trailer 1988 1999 East Push Trailer 1988 2000 East Push Trailer 1988 2001 East Push Trailer 1997 2008 Lowboy Trailer 1994 2004 Loader, Front End, Volvo 1995 2010 JD Soreader 1997 2005 - 11-06 OPERATIONS VEHICLE REPLACEMENT SCHEDULE Description, Replacement Model Eatimlltad Description Year Replacement Date Chew Pick-uc 1995 2003 Chew Pick-UC 1995 2003 B.U. B.U. B.U. B.U. B.U. B.U. B.U. B.U. B.U. B-U . B.U . B.U. B.U. B.U. Dtvtalon Ocs_ Oos. M \V ehida l9lreplce ,. - • f ' .. •· • 0 , - ] • • Vehicle Number 84new 84new 8433 8434 8437 8440 8443 8446 8448 8452 • • I~ . • ' <. 11..()5 MAINTENANCE VEHICLE REPLACEMENT SCHEDULE Description, Replacement Model Estlmal9d Description Year Replacement Division Dale Pick-uc 1998 2006 Pick-uo 1998 2005 Forklift 1993 2007 Chevv Pick-up 1993 2001 Chevv Pic:k-oo 1995 2002 Chew Pic:k-uo 1995 2002 One tan flat bed truck 1996 2004 Dodae Pidc-uc 1996 2003 Codaa Pic:k-uo 1996 2003 Short bed Pic:k-uo 1997 2004 VEHICLE ASSIGNMENTS ·--~-· ---- Maint. Maint . Maint. Maint.. Maint. : Mainl Maint. Maint.. Maint. Maint. "' - 84xx Pickup Truck Grounds Maintenance and Grounds Tech 1, Tech 2 84xx Pi truck 8434 Pickup truck 8452 Pickup truck 8443 Flat bed truck JIiiy:?, IW7 M I Vd1Kla198rcplcc 2 Buildi Techs 1 Supervisor, 1 Manager 2 Mechanics 2Mechanics 2 Mechanics 1 Electrical/Control • , . . .,. • • • 0 , - - • • t• - • t COUNCIL COMMUNICATION ~ Date Agenda Item Subfect Intergovernmental Agreement with South Suburban Part< and Recreation March 2, 1998 11 a i District Initiated By Department of Parks and Recreation I Staff Source Jerrell Black, Director of Parks and Recreation COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Intergovernmental Cooperation RECOMMENDED ACTION Staff recommends approval of a bill for an ordinance authorizing an intergovernmental between the City of Englewood and South Suburban Park and Recreation District. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Staff and City Council have had negotiations with South Suburban to reach agreement on a proposal that would benefit residents of both the City of Englewood and the South Suburban Part< and Recreation District at Cornerstone and Belleview Parks. This agreement will provide the following: • Residents of the City of Englewood will receive South Suburban resident fees at the batting cages and the miniature golf facilities at Cornerstone Park. • Residents of the South Suburban Part< and Recreation District will receive City of Englewood resident fees at the new aquatics facility to be built on the Home Lumber site. • Both agencies will work cooperatively to address parking issues so a fourth baH field can be built on the northern portion of the Cornerstone site . Currently, three ball fields are located on this site. The parking should also allow for better access to the Park Shelters located in the north western portion of Belleview Part<. • Staff from both agencies will coordinate promotion of cooperative resident programs through their program activity guides. A payment from South Suburban to assist in providing City of Englewood services to the Cornerstone site is not included in this agreement. That issue is addressed in a separate arrangement. FINANCIAL IMPACT We do not project a significant impact on revenues to either agency . UST OF ATTACHMENTS Proposed Bill for an Ordinance Intergovernmental Agreement . ' • . .. •· • 0 I I J - - ORDINANCE NO. _ SERIES OF 1998 • • I • . • ' BY AUTHORITY AIIUPOR --,U. BILL NO. 14 INTRODUC~BYCOUNCIL MEMBER.l1'44,'4.,c::,---"" All oaDDfA!fflB AU'l'RORIZDfG AH~ f AGRE.EMBNT BETWEEN THE SOUTH SUBUBBAN PABX AND IIIICilMftOM DIHL<,1' di> Tim crff OP mtoUIWOOD, COLOIW)(). WHEREAS, the Englewood City Council and City staff have bad negotiatiom with South Suburban regarding an agreement on a proposal which would benefit residentAI of both the City and South Suburban Park and Recreation District at Cornerstone and Belleview Parka; and WHEREAS, the City and South Suburban Park and Recreation District have agreed upon the conditions of this Intergovernmental Agreement; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjgn 1. The Intergovernmental Agreement attached hereto as "Ezhibit A,• between the South Suburban Park and Recreation District and the City of Englewood, Colorado is hereby accepted and approved by the Englewood City Council. Sectjgn 2. 1be City Manager ia authorised to encute and the City Clerk to attat and seal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. Introduced, read in full , and puaecl on fint reading OD the 2nd day of Man:h, 1998. Publiehecl as a Bill for an Ordinance OD the 8th clay of March. 1998. Tbomu J . Buma, Mayor ATTEST : Loucriahia A. Ellie , City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Enal-ood, Colorado, ben,by certify that the above and fo1'810in1 ia a true copy of a Bill for an Ordinance, introduced , read in full , and puaecl on ftnt nading OD the 2nd day of March, 1998. Loucriabia A. El1ia -I - .,. - . ' • ' .. • • 0 I ·- l • • . ,~ • INTERGOVERNMENTAL AGREEMENT THIS AGREEMENT, entered into this __ day of , 1998 by and between the CITY OF ENGLEWOOD ("Englewoodj, whose address is 3400 South Elati Street, Englewood, Colorado 80110, and SOUTH SUBURBAN PARK AND RECREATION DISTRICT ("South Suburbanj, whose address is 6631 South University Boulevard, Littleton. Colorado 80121. TERMS OF AGREEMENT In consideration of the terms and conditions of this Agreement, the sufficiency of which is mutually acknowledged, it is agreed by and between the City of Englewood and South Suburban Parle and Recreation District that: l . South Suburban will provide resident rates fqr the citizens of Englewood with respect to batting cages and miniature golf at Cornerstone Parle. ' 2. Englewood will provide resident rates to members of South Suburban for their use of the pool and accompanying facilities to be built at Belleview and Windermere (expected to be completed in 1999). 3 . Each entity will advertise the other's facilities referenced in paragraphs 1 and 2 above, in their respective summer recreation catalogues generally disttibuted to their residents. The size of the advertisement would be a minimum of one-quarter page. 4 . South Suburban and Englewood agree to have their staffs work cooperatively to design and implement parking for the pool to be constructed at Belleview and Windermere and the ballfield to be constructed at this intersection as well as access and parking for the shelters located in this area. Cost for construction and parking shall be equitably apportioned. S. Both parties understand that this Agreement is subject to annual. review, approval, and budgeting by the Englewood City Council and the South Suburban Parle and Recreation District Board of Directors, and may be terminated by either party if such annual approval is not given. 6 . All notices and communications under the Agreement shall be mailed or delivered to th,: City of Englewood at the followina address: • X H I • I T A D \ . , • •· • , -• • t~ • . . ~CityManqa" City of Englewood 3400 South Elati Street Englewood, Colorado 80110 .. All notices and COwiiiiidic:ati9111 under tbe Apaamt shall be mailed or deliven:d 10 South Submt,a Park ldd Recaealioa Dimict II this address: I .J jf~d ~ Execulive Direclm . l)\J ~ Soulh Submbm Park md Recreation Dis1rict 6631 South University Boulevard Littleum. Colorado 80121 .,, - 7. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be party hereto, nor shall it be comttued as giving any rigim or benefi1s hereunder to anyone other than the South Suburi>an Park and Recreation District and ~e City of Englewood. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. AITEST : By:----------- Loucrishia A. Ellis, City Clerk ATTEST : By:----------- 2 CITY OF ENGLEWOOD By:-------------- Gary San. City Mmapr SOUTH SUBURBAN PARK AND RECREATION DISTRICT - By. ,&.,.~a~ David A. Lorenz, Executive' • .. • • 0 - TO: FROM: DATE: SUBJECT: • • (~ . -' Mayor Burns and Members of City Council Gary Sears, City Manager~ February 26, 1998 aewiew « the Proposed Housing Authority Agreements Members of the City Council have asked that I review the proposed housing authority agreements and proposed transfer of the employees of the City to the Housing Authority. Although I have not had the time to do an exhaustive review of the issue, I believe that the recent dialogue with Housing Authority Board members and the City Council gave both sides a better understanding of the role and responsibility of the Housing Authority and Project Build Program. I also believe that it is important to hold a meeting of the committee created at the study session of Council and Housing Authority members before the agreements are approved. It appears to me that there are two issues to be considered. The issue of management of use of project build funds, and the management of the project build employees. I' - Project Build employees can either remain with the City under NBD or be transferred to the Housing Authority, depending upon the requirements of the program. Once the committee meets and determines the best use of the Project Build funds, the employees should be supervised by the agency responsible for the implementation of the program. For your information, I have attached a copy of a report from Cheryl regarding the uses of Project Build funds since its inception. Issues such as eligibility, houses to be scraped and reconstructed, use of funds for rehabilitation, and the future use of funds should be considered by the committee. In regard to the management of employees, I believe the plan of transfer of employees was proposed to make sure that Project Build employees reported and worked for one supervisor. Since the Housing Authority was responsible for the Project Build program, it made sense to me that employees should be supervised by the Housing Authority. If , as a result of the committee meeting, the employee's mission changes, then the employees should be supervised by the entity responsible for implementing the program. The City • .. •· • , J - ]- • ~- ' ,.. ~ .. ., , Page2 Mayor and Members of City Council February 26, 1998 • t• - ,. Council should also consider the space limitations of City buildings. Currently, we have no space in the City Hall for Project Build employees. Using the former Impact Team Building at the Miller Field is one alternative. Clearly the Housing Authority employees involved in the Section 8 homes and Public Housing ought to be employees of the Housing Authority and report to the Director. One other alternative would be to proceed with the agreements, transferring the employees to the Housing Authority, and define by contract the responsibility of the Project Build program with the Housing Authority. Such an agreement could include the eligibility of pa11icipants in the program, types of houses Jo be selected for redevelopment, number of homes to be recoostructed. apd limits of subsidy. Because of the newness of the program, and the availability of funds, City Council can direct the use of those funds in any way you desire. I believe that mission of the program needs to be defined, with guidelines for use of those funds. Then the issue of supervision can be determined. I hope that this review has been helpful in your consideration of the agreements. If you desire further investigation. please let me know. • . < .. • • 0 , I • - 0 • I I I I I 1 1 Ii I I j I I 11 I Ii I 'I I I I 1'' I I I 'I I I. ;1 I C! l = a l H I ti ' I I~; iI :i . . , H "'!' !! L ~ l'i j I • .. I II I 'I .. • • • 0 , 1- , • • ~HO._t !!RIES OF 1998 ' • • • (. BY AUTHORITY \ I• COUNCIL BILL NO. 4 INTRODUCED BY COUNCIL MEMBER WAGGONER WHEREAS, This intergovernmental agreement between the City of Englewood, a Colorado Home Rule Municipality (herein called "City") and the Englewood Houaing Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S . 1986 of the State ofColondo (herein called "EHA.); and WHEREAS, the City and the EHA conaider it to be in their mutual intereet to cooperate in achieving housing goala for Englewood citizens; and WHEREAS, the City and the EHA dellire to aet forth their reapective obligations, duties and powers in relation to achieving the housing goala and plam enumerat.ed by the EHA.; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;ticm 1. The Intergovernmental Agreement entitled "Agreement Between The City Of Englewood And The Enpewood Housinf Authority" attacbed heret.o u "Emibit 1; ia hereby accept.ed ud approved by the Englewood City Council. Sec;ticm 2. The City ......... ia autboriwl to-* Uld the City Clerk to au.at and aeal the Interpvew nmental Acr-mt for Uld OD bebalf of the City al Eqlewood, Colorado. Sec;tirp 3 . The attached In~ ~t aball be e8'ectiYe llan:b 1, 1998. Introduced, read in full, Uld puaed OD fint readinc OD the 5th day al Januar,, 1998 . -1- -------~ ----~-- ,~ . , • . 11 bii .. • • 0 f __ I - - • • ·, • <. Publiabed u a Bill for an Ordinance cm the 9th day of January, 1998. A Public Forum wu held on January 26, 1998 Read by title and puaed on &nal readmg on the 2nd day ofllan:b, 1998. Publiabed by title u Ordinance No. -Seriee or 1998, OD the 6th day or llan:b, 1998. Thomas J. Burna, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the abaft and fonaoinl ia a true copy or the Ordinance puaed OD final reading and publiabed by title u OrdiDaDce No . _ Seriee of 1998. -2- . . .. ', • . • • 0 f o~vl ]- , • • • <. AGREEMENT Btl'WEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY EXWDJTl Thia Asr-•t. mtared ildlo tbia _ day al 199_. by and between the City of Enpewood., a Colando S-Rule IIUDicipality (herein called "City") and the Englewood HouaiDf Authority, a body politic and corporate, UDder Part 2 of Article 1 of Title 29, C.R.S. 1986 oftbe State afColando (herein c:aDed "EBA"). WHEREAS, the City and tbe EBA c:amids it to be in their mutual interest to cooperate in achieviq bouaiq aoa1a for Englewood citizem; and WHEREAS, the City and tbe EBA deaire to Mt forth their n-pKti•e oblipaoaa, dutiea and powen; SECTION ONE PURPOSE Tbe purpme altbia asr-t ia to clarify tbe relaticnwbip ~ the City of Englewood and the Englewood HouainJ Authority such that tbe parties may effect the planning, financing, acquiaitiOD, conatructiOD, rec:outruction, rehabilitation, maintenance, manapmmt, and operation al bouainr projecta punuant to a multijuriadictional plan to provide dordable boumnc to Eupewood reaidenta. SECl'ION TWO CITY OBLIGATIONS Tbe City aball have tbe fbllcnriDr l'Npllllaibilit, duties, and pawwa with reaped to the EHA: 1. Tbe lla:,ar, apaD reccwlNl'd•tian by tbe EBA, lball be l'Mp!IDP°Ne &ir the appoilltmmt of ccnmiwmen to tbe EBA. i . Tbe EBA lball COD9iat af the ccnmiNimen. ii. A ccnmiwioner lball bold offlm watil hie -bu been appoint.eel and quali6ed. iii . A OJ111miwimer'a term lball apin he ,-an from the upiration dat.e aftbe .-al hialber snc1ac--. iv . V9C9111:im atber tbu by -al apiruim af tarma aball be fllled by lla:,ar, apaD rec:ommwl•tiGD by the ERA, f'or tbe aaapired term. ,, _ . ' - • • 0 -• • • v . The Mayor may remove a commiuioner for inefficiency, neglect, or miacollduct in office, but only after tbe commiuicmer bu been given a copy af tbe charpa made by tbe Mayor apimt him/her and bu bad an opportunity to be heard in penon or by coumel before the Mayor. In the event af tbe removal af any commiuioner, the Mayor shall file in the office af tbe clerk a ,-,cl af the ~inp, toptber with the charpa made apimt tbe commiuioner and findinp thereon. 2 . The City, through varioua departmenta shall provide the following adminiatrative services: A. The City shall provide payroll aerrices for all EHA funded poaitiona for a monthly fee aa eatabliahed by tbe city in A&tal:bment A B. The City shall aaaiat, aa request.ed, in the hiring procesa for EHA poaitiom. C. The City shall provide vehicle maint.enance, paoline and oil for all EHA vehiclea, through the City Servicenter for a mcmthly fee aa agreed to by the partiea annually, aa eatabliahed by the city in Attachment A D . The City shall provide public liability covenp for the EHA commiaaiODera and staff and the City shall provide EHA employeN with medical, dental, and life insurance that ia identical to that provided for City employeea for a monthly fee aa establiahed by tbe City in Attachment A E. Five additional one (1) year perioda for thNe fem may be oeaotiated by the City Manqer or bialber deaipee. 3 . 'lbe City ~ tbe rilht to apprc,911 or diupprove an EHA request for ftmdiq and the uae af in kind IN!n'icea OD a :,ear to :,ear buia. •. 'lbe City shall bill EHA for NrVicea rmdered by the 10th oC the IIIGDtb foUowinc the date af INln'ice . 5 . 'lbe City may aupport-.dditional actmtiea al the EHA by faadiq. in an amount to be determined by the City Council. Said _, to be apprapriated annually . SECTION THllBE EHA OBLIGATIONS The EHA shall have tbe followinc rwpoalibilitiaa, dutiN, and pcnrwa: 1. 'lbe EHA shall be n,apomible for the admiDiatratiaD al the public bauaiq, Sectioo 8, Section 8-Eaiatins, and odler-pl'Oll'am8 that may be appro'Nd from time to time in the EHA won procram. 2 . EHA will adminiater city funded PJ'Oll'Ul8 IUCb u C .D .B.G . and the Project Build pl"Oll"8ID u approqd by the City OD a :,early belia. 3 . 'lbe EHA shall furniab maatbly raparta to the City Clll the 11Cat:aa al Jaau, fandinf, and project& on City funded prosrama. 2 ' ... •· • 0 , I ·-• 0 I• - 4 . On an annual basis, during the City budget process, the EHA shall prepare a request for funding from the City and for the rendering of in kind services and submit these to the City Council for consideration. Said request shall illustrate the manner in which City funds and services will augment the goala and objectives of the EHA and meet City housing goala and objectives for the following year. 5 . On an annual basis, the EHA shall confer with City Council regarding the goala and objectives of the EHA in order to coordinate the housing goala of the EHA and the City. 6. The EHA may employ other officers, agents, and employees, permanent and temporary, as it may require, and it shall determine their qualifications, duties and compensation. 7 . The EHA shall fund all Englewood Housing Authority Positions. 8 . The EHA shall hire ita Executive Director, who shall report directly to and be supervised by the Commissioners for all EHA activities. 9 . The EHA Executive Director shall attend meetings aa requested by the City Manager. 10. The provisions of articles 10.5 and 47 of Title 11, C.R.S . 1987, as amended, shall apply to moneys of the EHA. 11. No EHA commissioner, other officer, any employee, nor any immediate member of the family of any such colllDlllllrioner, officer, or employee •hall acquire any inte1'81t, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall het'abe have any interest, direct or indirect, in any contract or propoaed contract for materiala or aervices to be furnished or uNd in connectioll with any project. If any commiuioner, other officer, or -ployee of the EHA owm or 1Ditrol1 an interest, direct or indinct, in any property included or planned to be included in any project, ba'abe shall immediately diaclme the -e in writing to the ERA, and such diacl-.i lball be •tered upon the minute. al the EHA. Upon such diacloaure, such c:ommiaai-er. other officer, -ployee, or immediate family m-ber shall not participate in any ad:i-by the EHA affecting the canyinJ out of the project planninc or the undertakins of the project unlNa the EHA determinea that, in the licht of IUCb penonal interelt, the participation of 1ucb member in any luch act would not be contrary to the public interwt. Willful violation of the provilions of tbia HCtion constitutea malfeuance on the part of a cc,mmiuiaaer, or other officer and ill IJ'OWlCU for inltant diamiual of any emplo,w. The City Council may by ordinance provide for automatic forfeiture of office by a commialioner for violation of this HCtion . 12 . The EHA acre-to pay the City of Enclewood the fee 1tated in Attachment A, or any 1ubaequent fee necotiated punuant to this Acreement for the services deecribeD therein. Partial paym•ta will be made u the work procreuea . Said paymentl will be baed on eatimatea, prepared by the City, of the value of the work performed. 3 .. •· • 0 , • 0 • 13 . EHA shall pay for services rendered by the City by the 30th of the month following receipt of billing described in Section 2, Paragraph 5. SECTION FOUR MISCELLANEOUS 1. The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), 88 evidenced by the date fint written above and shall continue until the Agreement ia terminated aa set forth herein. 2 . Thia Agreement ia subject to such modifications 88 may be required by changes in federal or state law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change 88 if fully set forth herein. 3 . Thia Agreement ia intended 88 the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subaequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written supplemental contract which has been properly executed. All previous agreement& between the City and EHA are void and this Agreement shall govern the relationahip between the City and the EHA. 4 . To the extent that this Agreement may be executed and perfonnaDce of the obligations of the parties may be accompliahed within the intent of the Agreement, the terms of this Agreement are severable, and should any term or proviaion hereof be declared invalid or become inoperative for any reuon, such invalidity or failure shall not aff'ect the validity of any other term or proviaion hereof. The waiver of any breach of a term hereof shall not be construed 88 a waiver of any other t erm, or the same term upon subaequent breach. 5 . It ia expreuly undentood and qreed that enforcement of the terms and conditions of this A,reement, and all richta of action relating to such enforcement, shall be ltrictly ~ to the City and the EHA, and notbing contained in this A,reement shall pve or allow any such claim or right of action by any other or third penon oo such Acnement. It ia the up,- intentioo oi the City and the EHA that my penan other than the City or the EHA receivinc services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 6 . Either party to this Acreement may terminate the ,\p'eement by livinc to the other thirty (30) da,a notice in writing with or without &ood cauae shown. Upon delivery of such notice and upoo apiration of the thirty (30) day period, all services in connection with the performance of thia Agreement shall stop. Aa soon u practicable after receipt of notice of terminatioo, each party shall submit a stat.lent, abowinc in detail the services performed under the Agreement to the date of termination. 7 . Each party shall promptly pay that proportion of the preacribed cbarpa which the 1ervices actually performed under the Acreement bur to the total services called for under the Acreement, leu such payments oo account of the charps u have been previously made . 4 ,. - •. .. •· • 0 f )- , • • • • 8 . Each party representll and wammtll that it bu taken all actiona that are neceuary or that are required by ita proc:eclurm, bylawa, or applicable law, to leplly authorize tbe undeniped lipatory to execute this Agreement OD behalf of tbe party and to bind the party to itll tarma. 9 . Each party llhall maintain all boob, documents, papen, accountinc recorda and other eridmu:e pertaining to coeta inc:urnd and other performance hereunder and make such mat.iala available for inapection by tbe other party at all --1,le tun• during tbe period of tbe Agreement and three ,-rs from tbe dat.e of acceptance of the Agreement by tbe City. On request, copies of such recorda sball be furniabed to the City for tbe City's permanent recorda. 10. The City ofEagiewoocl and tbe EBA a,ree that they llhall not refuae to hire, disc:barp, promote or demote or diacriminat.e in any matter of compensation; performance of services or otbenriae, apinat persons otherwise qualified solely beca1111e of race, creed, sez, color, national origin or ancestry. 11 . The City of Eqlewood and tbe EBA u well u tbe employees and agents of each entity sball be considered for all purpoaes of tbe Agreement u separate entiti•. 12. The City of Enclewood and tbe EBA will establiah safecuarda to prohibit their -ployeN. apnta, or lllll'Yallts from uaiD( dlis Agreement for any purpoae which ca-or lenda itlelf to c:reat.e an appearance of impropriety. Said -.-,,-. apnta or servmts aball not INk any penonal benefita or private pill lur tMmNIY99, their familiea, or others. 13 . Each party .-that it aball not aaip or tranafer its interest in dlis Acr 111 mt witboat tbe writaaa cxmamt oftbe other party. Ally unautboriwl eNip-t or tnuf'ar aball reader 1M THIS Ap,lement null, void and of no effect. 14 . Ally aotice to be fi-bwwudw aball be deemed given when NDt by rept.ered or c:atified mail to tbe addr 11111 below: Director Eqlewood Boaaia, Authority 3400 s . Elati St. Eqlewood, Colando 80110 City Yaaapr City of J:aclewood 3400 s. Elati St. ~ Colondo 80110 15 . Nodlin( beniD llhall be -*aed u Cl'NliDc any ....-.1 liability oo tbe part of any officer or apnt of any pablic body wbic:b may be party hereto . 16. Tbia AcrNment aball be curiad out in ~ with tbe lawa of tbe State oC Colorado and all applicable Federal lawa and replationa, and all local lawa, ordinancea and l'IIIW•tiODS. .. • • 0 I -• • • IN WITNESS WHEBEOF, the partiN hereto ba'ft eucu1led tbia Acr-mt the day and year ftnt abcrYe writtm. ATTEST: Loucrillbia A. Ellia, City ci.t ATTEST: CITY OF ENGLEWOOD, COLOB.ADO ENGLEWOOD HOUSING AUTHOllITY 6 . , • . ' .. • • 0 I "'" i I )- . ' • • • .... • A'M'ACHMENT A COSTS OF SDVICBS BBNDDBD TO THE E.H.A. BY THE CITY' FOR 1918, SUCH AS PAYROLL SDVICBS, VEHICLE IIAINTBNANCB, GASOLINE, OIL, ETC ., AND INSURANCE AND BENEFITS SHALL BE UIMBUBSBD AT ACTUAL COST. 7 . ' • . .. • • 0 I .... _ . I - CIIIIJIIUNCB MO. - SP!RmOF1998 ·, • • • BY AUTHORITY COUNCIL BILL NO . 5 INTRODUCED BY COUNCIL MEMBER BRADSHAW -mDDfAlfCS AlJ'lmNG AN IN'l'aOOYUNIBNTAL AOBWP • It ENTITLED "AGBEEMENT BEIWDH TBE ClT'f' OP ENGLEWOOD AND THE aa.&W00D IIOUIIDfG AD IWWW aoMDDIO C.D.B.G. PUNDS" BETWEEN THE ENGLEWOOD ROUSING AUTHORITY AND THE CITY OF --..WOOD, OOLOIW>O. WHEREAS, the purpoee oftbia int.ergovernmental agreement is to clarify the relationship between the City of Englewood and the Englewood Housing Authority with N!llp8Ct to the Community Development Block Grant Program (CDBG) such that the parties may enhance the development of viable urban communities by providing decent housing, a suitable living environment and expanding economic opportunities for the citizens of Englewood; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate funding agencies; and WHEREAS, the City and the EHA conaider it to be in their mutual in~ to cooperate in the delivery of housing aervices to Englewood citizens; and WHEREAS, the City and the EHA desire to aet forth their respective obligatiOD11, duties and powers with respect to CDBG Funds; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : Sgtigp 1. The Intergovernmental Apeement entitled "AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING C.D .B.G. FUNDS", attached hereto u "Emibit l," ia hereby accepted and approved by the Englewood City Council. Sgtigp 2 . The City Manager ia authorized to uec:ute and the City Clerk to attest and aeal the Intergovernmental Agreement for and on behalf of the City of Englewood, Colorado. Soc;tjop 3 . The attached Intergovernmental Agreement ahall be etfective March l, 1998. Introduced, read in full, and pueed on first reading on the 5th day of January, 1998. -1- --~ ----., . ' • . , .. • • 0 f --I J - ] c;:::;::;::ll • • • <. Publilbed u a Bill for an Ordinance on the 9th day of January, 1998. A Public Forum wu held on January 26, 1998 ,. Read by title and puaed on tinal readiD( on the 2Dd day m llan:h, 1998. Publiabed by title u Ordinance No. _, Seriea m 1998, on the etb day m llan:h, 1998. Thomas J . Burna, Mayor ATTEST : Loucriahia A. Ellis, City Clerk I , Loucriahia A. Ellis, City Clerk • the City of Eqlewoocl, Colorado, hereby certify that the above and fontaoinc ia a true copy of the Ordinance puaed on final reading and published by title u Ordinance No . _, Series of 1998. -2- "' -. , • . .. • • 0 • ,. ~ • I• • ' EJBIDJT 2 AGREEMENT BE'I'WEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING C.D.B.G. FUNDS Thia Acr-•t. entered into tbia _ day of 199 _ by and betwem the City of Enpewood, a Colorado Home Rule M•mic:ipelity 0--called "City") and the Eqlewood Homing Authority, a body politic and COi pa ate, under Part 2 of Article 1 of Title 29, C.R.S. 1986 of the State of Colorado (herein called -mlA 9) for tbe cmduct of a Community Development Block Grant Project (b9reiD called "CDBG") for prosram :,ear 1998. WHEREAS, required apprcwal, c:1earance and c:oordiDatiOD bu bND. -plilbed from and with appropriate apnci•; 1111d WHEREAS, the City and the EBA camids it to be in their mutual intmest to cooperate in the delivery of housing aervic:a to Eqlewood citiaena; and · WHEREAS, the City 1111d the EBA deaire to aet forth their rwpeetive obliptiona, duties and powen with nspec:t to CDBG Funds; SECl'ION ONE PURPOSE Tbe pm,-. of tbia 1111' 111 mt ia to clarify the releaonebip a.-the City of Eqlewood and the Enclewood Bouainr Autbarity with reapect to tbe Ccmmumty Developmmt Block Grant Prop-am mda that the putia ..,. 6c:t tbe drelapmmt of .w,le urban communitiea, by prmdiq ~t boaaiac, a aaitable li'riD( m'riraammt and expaadiq economic oppu1tuwtiel for the~ of Bap,wood. SEcrION TWO CITY OBLIGA'nONS n.. City sball haft the i,Dawiac ~. dutiel. and power9 with reaped to the EHA und• tbe C.D.B.G. f'tmded prap'Ull: l . The City, upon NqUNt of the BHA, sball decide......_. to apply fbr CBDG funda for EBA projecta. 2. 'lbe City lhall haft ultimate lupeniwy and admmiatnti'ft raponllibility for tbe upenditure of the funda aDocatad for CDBG projeda and pn,ject acti'rities. 3. The City~ the ript to appro99 or diaappn,¥e an EBA requeat for CDBG fundin1 . 4 . The Cit:, lball be l'MpOallible for lllbmittinr, to the Anpaboe c-t:,'1 Houllinr and Community ~t Serrieea Di'riaiOD <1-ein "Coant:,"), docummtatiaD in the fbrm reqaired by that cli'riliaD wbicb proparl:, and fully idmtiflm the -i of CDBG ftmda that tbe Cit:, ia Nt..-tiac at that time. . . • .. • • 0 . - ; '"11111 j , I J • 0 • 5 . The City shall pay EHA for administrative services provided by EHA in acquiring and disbursing C.D.B .G. funds for a monthly fee u establiahed by the City in Attachment A. Five additional one (1) year periods for th-re. may be negotiated by the City Manager or bialber desipee. 6 . Tbe City shall not be liable or respomible for cost IM!l'TUD8 by the EHA on any CDBG projects or activities. The City shall have no duty or obliption t.o provide any additional funclinc to the EHA if ita CDBG projec:ta or activities cannot be completed with the funds allocat.ed by the City to the EHA. SECTION THREE EHA OBLIGATIONS The EHA shall have the following respomibilities, duties, and poweni with respect to the City and under the CDBG funded prllll'llm9: 1. The ERA. along with a CDBG project propoul, shall give the City a description of the work t.o be performed, a budpt, and a timetable delineating the 1-cth of time needed for each project pbaN, if applicable, tbtoup the completion of the projec:ta. The EHA lhall comply with the .timetable for completion of the projects. Tbe EHA wulentanda that failure to comply with the timetable may lead to a cancellation of the project and a lou of all 11nupended funds, unl898 the County determines that there are extenuating circumatancea beyond the EHA's control and that the projec:ta will be completed within a reuonable length of time. The timetable lhall begin t.o run upon the County providing writt.en notification to the City to proceed with the project. 2 . An EHA drawdown requeat for CDBG funds lhall include~ reporta for the period for which payment ia beinr request.eel. Drawdowu shall be done on a comiat.eut buia c:ornlatin, with project prop-am. 3 . Quarterly project reparta shall be due within thirty daya foUowiq tbe end of each quarter (March 31, June 30, SeJ>t-ber 30, December 31) until tbe Project ia completed. 4 . The official anDual audit and/or fiDancial lltatementa and tbe auditor's manapment letter, if applicable, for the EHA which includee both "'"8ues and apenclitures for the CDBG Pro;ecta shall be provided to the City anDaally, not later than June 30th of each year. 5 . The EHA shall be respoaaible for the upencliture of the funds allocat.ed t.o the EHA for ita projects or activities and for the c:onatructiaD or ~ of ita projects or activities in compliance with all applicable Federal lawa and the requirementa of the CDBG Pqram and any CDBG pa,llr8ID snmtae qreement, to wbic:h the city ia a party, a copy ofwbic:h ia pnmded to EHA herewith. 6 . All CDBG funds that are identified for the EHA'a apecific project.a and activities ~ and liatecl in the ll'Ult acr-ta lhall be UNd and es:pencled by the EHA only for the projec:ta and actmtial for which the funds are identified. 2 • • , -• 0 ,. - 7 . No projects or activities, nor th6 amount allocated therefor, may be changed by the EHA without prior approval of the City. All requested dumcee must be submitted in writing to the City. 8 . The EHA agrees that all funda allocated to it for an approved CDBG project or activity shall be uaed 10lely fill' the pw pew approved by the City. Said funds shall not be used for any non-approved parpmes. 9 . The EHA agrees that the funda allocated for any approved CDBG projects or activities shall be sufficient to coaaplet.e aaid projecta or activities without any additional CDBG funding . 10. Any project cost overrum shall be the aole respoaaibility of the EHA. 11. If the EHA's CDBG projects involves conatruction activities, any contractor -ie 1T uses for aaid activities shall be required to provide and maintain, until final acceptance by the City of all work by such contractor, pneral liability and property insurance in an amount not less than Sl00,000 by the contractor and to provide and maintain automobile liability insurance and workmen's compensation insurance AS required by Colorado law. Proof of such insurance shall be provided to the EHA. 12. The EHA shall maintain • complete records documenting ita uae of CDBG funds and ita supervision and administration of the Project. The EHA shall provide full accea to tbeee records to the City, tbe County, the Secretary of HUD or bis desipee, the Office of Inapector o-enl, and the General Accounting Office so that compliance with federal laws and n,gulationa may be confirmed. The EHA further .-to pl'll'ride to the City, and the County upon request, a copy of any audit reports pertainmc to the BHA'a financial operations during the term af this arr-ent. 13 . The EHA shall file all reports and other information neceuary to comply with applicable federal laws and replationa u required by the County and HUD. Thia shall include prmdiq to the County the infurmation 11-.r)' to complete annual Grantee Performance Report.a in a timely faabion. 1•. The EHA shall submit documetation to the City in the fill'm required by the City which properly and fully idmtifies the amount af CDBG funds which the EHA is requatmc at that time. 15. All respomibilitiea af the EHA eumerated herein shall be aubject to applicable state statutes and county ontma-, 1"NOlutiOll8, rulee, and re,ulatiom. 16 . If it is determined by HUD or other federal apncy that the upenditure, in whole or in part, for the EHA'a project or activity wu improper, inappropriate or inelicible for reimbunemet, then the EHA shall reimbune the County to the full extent of the diaallawance. 17. The EHA shall couult with the City tbroucb the City Manapr or bia desipee OD iaauea a1fec:tinf the CDBG Pracram such u other ,rant prop-ams, prior to ita application for any such FJ'llll'Ull. 18. The EHA Director shall bin BHA -playea inYOIYed with the CDBG funded programs . 3 -..--.-. ' .. I· • C f • I • • • .. 19. All program income derived from the CDBG Rehab Prop-am received by the EBA will be retained by EBA and will be diapened for ita appnl9eci CDBG project activities before additional CDBG funds are requeated. SECTION FOUR MISCELLANEOUS 1 . The term oftbia Acr-t aball besin Oil tbe date aftbe City Coancil approval (the "eft'ec:tm, date"), -mdeaeed by the date ftnt written above and aball continue until tbia Agreement is taminat.ed u Nt forth herein. 2. Thia Agreement is IUbjec:t to auch modificationa u may be required by c:baDps in federal or state law, or their implanenting replationa. Any such required modificatiOD shall automatically be incorponted into and be part of t1wi Agreement on the effective date of such cbanp u if fully Nt forth herein. 3 . Thia Agreement is intended u the complete intep'at:ion of all undsstandinp between the parties. No prior or CODtmlponneoua Mditioo, deletion, or other amendment hereto aball have any fon:e or eft'ec:t wbatloever, un1eu embodied herein by writing. No subeequent notatiOD, renewal, additiOD, deJetioa, or other amendment hereto llhall have any fon:e or eft"ec:t un1eu embodied in a written 1111pplemental c:antnct wmcb bu been properly euc:uted. All pnmoua CDBG acr-enta between tbe City and EBA concerning the CDBG protp'8Dl are void and tbia Acr-ent aball 1U9'9111 the relatiombip between the City and tbe EBA for the CDBG Prap-am. 4. To tbe at.mt that tbia Acr-t may be eDCUted and perfannance oftbe obliptioaa of tbe parties may be 9C'OPllptiwbed within tbe intent of tbe Agreement, the terms of tbia A,nement are aeverable, and lbould any term or proviaiOD hereof be decland innlid or become inoperative for any -, IIIICb invalidity or failure aball not uliN:t tbe validity of any odMlr term or proriliaa hmeof. Tbe waiver of any bnacb of a term lm'llof aball oat be camtraed u a waiver of any other term, or the -term 1lpaD ~ breach. 5. It is aprwly UDdent.ood and qrwl that enbCIIIDellt oftbe tams and c:onditiom of tbia Agreement, and all ripta of actiaD relatiDc till such eafon:ement, aball be lltric:tly --to tbe City and the EBA. and nothing c:antained in tbia Acr-ent lhall pve or allow any such claim or ricbt of actiaD by any other or third per90ll Oil IUCh Acr-t. It is the ....- intamoD of the City and tbe EHA that any .--acher than the City or tbe EBA receivin, ~ or baM6ta Wider tbia Aci-t lball be dNmad to be an incidental beneficiary only. 4 . ' ' ' • • 0 , I - • • • - 6. Either party t.o tbia Agreement may terminate tbe Ap'eement by giving t.o the other 30 da,. notice in writing with or without pod cauae sbawn. Upcm delivery of such notice and upon espiration of tbe 30 c1a,. period, all aervic:ea in c:oanec:tion with the performance of this AgrNment shall stop. Aa 1100D aa pncticabJe after receipt of notice of termination, each party shall submit a mt:mnent, abowinc in detail the aervic:ea performed under tbe A,reement t.o the date al termination. In tbe event that tbe Unit of Local Gcmmunent should withdraw from the County's "Urban County" desipation, this qreement shall termiDat.e • al tbe termination date of the County's CDBG p,mt agreement with HUD. Further, this agreement may be IIU8pPllded or tmminated by tbe City if the EBA mat.erially f'aila t.o comply with any term of this qreement. 7. Each party shall promptly pay that proportion of the prNCribed c:barps which the aervic:N actually performed under the Apament bear t.o the total services called for under the Ap'eement, 1-such paymenta on 11CCOUDt of the c:barps which have been previoualy made. 8. Each party repreNDta and warranta that it baa taUD all actiom that are neceuary or that are required by ita ~-. bylawa, or applicable law, t.o legally authorize tbe undeniped lipatory t.o eucute this Ap'eement on behalf of tbe party and t.o bind die party t.o ita t.erma. 9. 'nie City al Enciewood and the EHA agree that they shall not t.o refuse t.o hire, diacharl9, promote or demote or diac:riminate in any matter of compensation; performance of aervic:ea or otberwiae, apinst penou otbenriN qualified solely becaUle of race, creed, au, color, national oriciD or ancestry. 10 The partiee agree that they will include in r,wy contract they enter, which reliea upon CDBG moni• for f'mutiac, a DOD-appropriatiaD c1aue that will protect tbe parties t.o this asr-t ud die c-ty fna any liability or rNpGUibility or any suit which milbt -1t fna the dianJntinuuce of CDBG fanclinr for any reason. 11. The City of Enpwood ud the EBA• well • die.....,_ aad aa-ta of each entity aball be couidered aepante entitiN for all pwpcw al tbia Acr-t- 12. The City of Englewood and the EBA will eetablilb ..,..._. to probillit their employeN, apota, or lel'Yllllta from uaia, tbia ~t b any pmpNe which ca-or lmda itaelft.o Cl'Nte an appear.-ali...popliaty. Said employeN, apota or aenanta shall not INk any .--.I bmeftta or private pin D tbemlelVN, their familiee, or CJtben. 13 . Each party acr-that it aball not M8ip or tnmfm ita interNt in this Acr-t without the writtal caa-.t altbe odm' party. /uJ.y unaudloriaed auipment or tnmfer shall render this ~t null, Yoid ud al no .&ct. s ----- . , •· • 0 I -• . " · .. • 14. ADJ nad.ce to be Ii-MNUDller aball be ct-ed Ii-wbm amt bJ ..,.._ad er ca1:i8ed mail to die adda 1111 below: Dinctar ....... HOII.IUII Aut:baritJ MOOS.Jam& .......... Colando 80110 City ¥en pr City~ ....... MOO 8.111111:i 8L lq! ..... C..-80110 15. Nol:biq ba'lliD aball be camtnad a c:naD1 a, ,--1 )ialliU&J • die part ~ mJ amc.-er aamt ~ mJ palitie badJ which may be pat, --- 1e. 'l'hl acr• •• mt lba11 be canm oat m acmrdaDce with die 1awa ~die Stata ~ ea.ado ud all applicehle t'llllaral Im ad rep]atiw, ud all local lawa, ardin•-ad replatiau. IN Wl'l'NBSS WBBRBOP, die pertiN --beN GKlltad tbia Acr-t die daJ ad :,ur ftnt ,a-. wri1:tal. ATTEST : Loucriabia A. Bllia, Cit, Clerk ATTEST : CITY OP ENGLEWOOD, COLORADO BNGLBWOOD HOUSING AUTHORiff 6 ' ' • . ' • • 0 - • • • • ATIACBMENT A C.D.B .G . Annual IC' I w,t for pa:,mait by tbe city till tbe EBA for W"ficN rendered by the EBA for ecbninietermc C.D.B.G. for tbe ,ear 1998. $114,833.32 'nlia amount lball be paid iD mmitbly pa,mmta of • 9,552.77. 7 ;-. . , • • • 0 '---• ]- ]- I • OIIDDQNCB NO. _ SERIES OF 1998 • • • '· BY AUTHORITY COUNCIL BILL NO. 6 INTRODUCED BY COUNCIL MEMBER BRADSHAW AM ORDINANCE AUTHORIZING AN IMTBBGOVBB.llfllBNTAL AGREEMENT ENTITLED "AGREEMENT BETWEEN THE CITY OF .......OOD AND TBB BNGLBWOOD HOUSING AUTHORITY I REGARDING PROJECT BUILD." WHEREAS, this intergovernmental agreement between the City of Englewood, a Colorado Home Rule Municipality (herein called "City") and the Englewood Housing Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C .R.S . 1986 of the State of Colorado (herein called "EHA·) for the conduct of Project Build; and WHEREAS, the City and the EHA consider it to be in their mutual interest to cooperate in the development of underutilized property, and WHEREAS, the City and the EHA desire to set forth their respective obligations, duties and powel'II with respect to Project Build; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectigp 1. The Intergovernmental Agreement entitled "AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING PROJECT BUILD, COLORADO; attached hereto u "Exhibit l," is hereby accepted and approved by the Englewood City Council. Sectiqn 2. The City Manager is authorized to euc:ute and the City Clerk to attest and aeal the Intergovernmental Agreement for and OD behalf of the City of Englewood, Colorado. Section 3. The attached Intergovernmental Agreement shall be effective March 1, 1998. Introduced, read in full, amended and paued OD fin( reading OD the 5th day of January, 1998 . Publiahed u amended u a Bill for an Ordinance on the 9th day of January, 1998. A Public Forum wu held on January 26, 1998 Read by title and paued on final reading OD the 2nd day of March, 1998. -1- • 11 b iv .; • • 0 f __ I • . ~ •, • '· Publiabed by title u Ordinance No . ~ Seriell aC 1998, on the 6th day of March, 1998. Thomas J. Buma, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Low:ruhia A. Ellia, City Clerk of the City aC Englewood, Colondo, hereby certify that the above and fonisoilil ill • true copy aC the Ordinance paued Oil final reading and publiabed by title u Ordinance No. ~ Seriell aC 1998. -2- "' - ' ' ' . ' •. • • 0 I - ] I • • I• • ' EXHIBIT 1 AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY REGARDING PROJECT BUILD This Agreement, entered into this_ day of , 199_, by and between the City of Englewood, a Colorado Home Rule Municipality (herein called "City") and the Englewood Housing Authority, a body politic and corporate, under Part 2 of Article 1 of Title 29, C.R.S . 1986 of the State of Colorado (herein called "EHA") for the conduct of Project Build . WHEREAS, the Englewood City Council transfened $500,000 from the General Fund in 1991 to the Project Build Fund; and WHEREAS, the money being transferred back to the City General Fund &om the Project as the current inventory is sold and shall be used as Council directs; and WHEREAS, the Englewood City Council transferred an additional $500,000 in 1996, of which, $320,000 was designated for business enhancements; and WHEREAS , that $320,000 shall be transferred from the Project Build Fund t.o the General Fund in 1997 leaving assets of $680,000 in the Project Build Fund; and WHEREAS, the City and the EHA conaider it t.o be in their mutual interst to cooperate in the development of underutilized property within the City; and WHEREAS, the City and the EHA desire t.o aet forth their respective obligationa, duties and powers with respect t.o Project Build; SECTION ONE PURPOSE The pUJllme of this qreement ia to clarify tbe relatiaaship betwem tbe City of Englewood and tbe Englewood Houaing Authority with l'Mp8Ct to Project Build IUCb that tbe parties may effect an upgrade of City blocb that contain underutilized propertiea which are not economically feasible to rehabilitate, inc:reue in the pen:,entap of owner occupied structures within the City. SECTION TWO CITY OBLIGATIONS The City s hall have tbe following responsibilities, duties, and powen with respect t.o the EHA/Project Build : 1 . The City shall establish guidelines and bencbmarb for upenditures of Project Build funds . Current goals and objectives are attacbed u Attachment 8 . 2 . The City Council ahall have ultimate auperviaory and administrative responsibility for the Hpenditure of Project Build funda , includiq design and pricing criteria. "' - • . .. • • 0 • • t• • 3. The City shall pay EHA for administrative services provided by EHA in acquiring and disbursing project build funds for a monthly fee as established by the City on Attachment A 4 . Five additional one {l) year periods for these fees may be negotiated by the City Manager of his/her designee. 5 . The City Council reserves the right to approve or disapprove an EHA request for Project Build funds. 6 . Property purchased and sold under this program shall comply with Section 72 of the Home Rule Charter City of Englewood, Colorado. 7 . Upon the aale of an EHA Project Build property, the City shall reimburse the Project Build fund in the amount of the current fair market value of the property lea any portion of the value attributable to expenditures of non-Project Build funds for acquisition of, or improvements to, the property and less any write down of the cost of the developed property. 8 . The City reserves the right to perform progress inspectio1111 to e1111ure that construction proceeds in a timely manner according to plans and specifications. SECTION THREE EHA OBLIGATIONS The EHA shall have the following respo1111ibilities , duties, and powers with respect to the City and Project Build funded programs : 1 . EHA shall administer the Project Build Procnun for the City. The fee for this service shall be as stated in Attachment A or any subeequent fee negotiated pursuant to this Agreement. 2 . The EHA, using a Project Build project propoaal, lhall identify a property that meets the program's objectives, a budpt, and a timetable delineating the length of time needed for each project. Any such budpt lhall properly and fully identify the amount of Project Build funda that the ERA is requesting at that time . 3 . The ERA shall coosult with the City Manager' or bis designee OD issues affecting Project Build, including policy issues and funding issues. The ERA shall furnish project status reports to the City Manapr or his designee OD a monthly basis . 4 . No projects, nor the amount allocated therefor, may be chanpd by the ERA without prior approval of the City. All requested cbanps must be submitted in writing to the City. 5 . The ERA agrees to insure that the funda allocated for any approved Project Build projects shall be sufficient to complete aaid projects without any additional Project Build fundinc . 2 \ ' ' •. • , ' ' • 0 - I • • • • • • 6 . Once the City approves a Project Build Project, the ERA shall seek proposals from interested contractors. A notice shall be sent to licensed, prequalified builders seeking their interest in offering a proposal for construction of said project. 7. Any contractor that the ERA uses for Project Build activities shall be required to provide and maintain, until final acceptance by the City of all work by such contractor, general liability and property insurance in an amount not less than $100,000 by the contractor and to provide and maintain automobile liability insurance and workmen's compensation insurance required by Colorado law . Proof of such insurance shall be furnished to the ERA. 8. The ERA shall maintain a complete set of books and records documenting its use of Project Build funds and its superviaion and administration of the Project. The ERA shall provide full access to theee books and records to the City so that compliance with the Project Build goals may be confirmed. Further, the ERA shall provide to the City, a copy of any audit reports pertaining to the ERA's financial operations during the term of this agreement. 9 . The ERA shall require a purchaser to agree to the following covenants in the purchase of said property: 10 . 11 . A . The City shall have the first right to purchase the property if offered for sale within three (3) consecutive years from the date of such Deed. B . Should the Grantee cease to occupy the property as Grantee's reaidence before the expiration of three (3) comecutive yean from the date of such Deed, the City shall have the right to pun:bue the property at such time that the City learns the property has been rented or offered for rent. C . If the property is rented, it ahall be presumed that damages are the amount af rent paid and all rent shall be paid to the City. In the event the City elects to repurchue the property, the City shall pay the fair market value of the property, as determined by certified appraiaal, or the purchase money lien amount whichever is greater. Tbe City shall be under no obligation to actually make the purchase or pay the SUIIUI, unless formal approval is made by the City Council. 'nle purchase price shall first be applied to all purchase money liens on the property, then to all other liens on the property and finally to the purchaser. D . Such covenants shall be effective for a period af three (3) years from the date of the deed and shall automatically terminate after pusap of said time period . The EHA shall market said propertiea in a manner which will generate as many potential buyers as pouible. If it is determined by the City that the apenditure, in whole or in part, for the EHA'1 project wu improper, inappropriate or ineligible, then the EHA shall reimburse the Project Build fund to the full extent of the diaallowance. 3 ,. -. , • . .. I· • 0 I 1- • 0 • SECTION FOUR MISCELLANEOUS I• l . The term of this Agreement shall begin on the date of the City Council approval (the "effective date"), as evidenced by the date first written above and shall continue until the Agreement is terminated as set forth herein . 2. This Agreement is subject to such modifications as may be required by changes in Federal or state law, or their implementing regulations. Any such required modification shall automatically be incorporated into and be part of this Agreement on the effective date of such change as if fully set forth herein. 3 . This Agreement is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent notation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written supplemental contract which has been properly executed. All previous Project Build agreements between the City and EHA are void and this Agreement shall govern the relationship between the City and the EHA for the Project Build Program. 4. To the extent that this Agreement may be executed and performance of the obligations of the parties may be accomplished within the intent of this Agreement, the terms of this Agreement are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other term or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same term upon subsequent breach. 5. It is expressly understood and agreed that enforcement of the terms and conditions of this Agreement, and all rights of action relating to such enforcement, shall be strictly reaerved to the City and the EHA, and nothing contained in this Agreement shall give or allow any such claim or right of action by any other or third person on such Agreement. It is the express intention of the City and the EHA that any person other than the City or the EHA receiving services or benefits under this Agreement shall be deemed to be an incidental beneficiary only. 6. Either party to the Agreement may terminate the Agreement by giving to the other 30 days notice in writing with or without good cause shown. Upon delivery of such notice and upon expiration of the 30 days period, all services in connection with the performance of this Agreement shall stop. Aa soon as practicable after receipt of notice of termination, each party shall submit a statement, showing in detail the services performed under the Agreement to the date of termination . Further, this agreement may be suspended or terminated by the City if the EHA materially fails to comply with any term of this agreement. 7 . Each party shall promptly pay that proportion of the prescribed charges which the services actually performed under the Agreement bear to the total services called for under the Agreement, less such payments on account of the charpe as have been previoualy made . 4 ..... ,,,_ •. \ .. • • • 0 , ]- , • • • ... 8 . Each party represents and warrants that it has taken all actions that are necessary or that are required by its procedures, bylaws, or applicable law, to legally authorize the undersigned signatory to execute this Agreement on behalf of the party and to bind the party to its terms. 9 . 'Ibe City of Englewood and the EHA agree that they shall not to refuse to hire, discharge, promote or demote or diacriminate in any matter of compenaation; performance of aervices or otherwiae, against persons otherwise qualified solely because of race, creed, aex, color, national origin or ancestry. 10. 'Ibe City of Englewood and the EHA 88 well 88 the employees and agents of each entity shall be considered for all purpoees this Agreement separate entities. 11 . The City of Englewood and the EHA will establilh safeguards to prohibit their employees, agents, or servants from using this Agreement for any purpoae which causes or lends itself to create an appearance of impropriety. Said employees, agents or servants shall not ..It any pel'IIOllBl benefits or private gain for themselves, their families, or others. 12. Each party agrees that it shall not asaip or transfer its interest in this Agreement without the written CIOIUM!lllt of the other party. Any unauthorized B88ignment or transfer shall render this Agreement null, void and of no eff'ect. 13 . Any notice to be given hereunder shall be deemed given when sent by regiatered or certified mail to the addrNees below: Director Englewood Housing Authority 3400 s. Elati St. Englewood, Colorado 80110 City Manager City of Englewood 3400 s . E1ati St. Enpewood, Colorado 80110 14. Nothing herein shall be conatrued u creatiq any penonal liability on the part of any officer or agent of any public body which may be party hereto. 15. The agreement shall be carried out in accordance with the lawa of the State of Colorado and all applicable Federal lawa and regulationa, and all local lawa, ordinances and regulations. 5 - ' ' .. • • I • 0 ] • • tt • IN WITNESS WHEREOF, the parties hereto have enc:uted this Agreement the day and year 6nt above written. ATTEST : Loucriahia A. Ellis, City Clerk ATTEST : Secretary CITY OF ENGLEWOOD, COLORADO Gary Sean, City Manager ENGLEWOOD HOUSING AUTHORITY Cheryl St. Clair, Director 6 ,, - ' . , ' • . ' .. • • 0 )- • • • • (. AffACIQIENT A Annual agreement for paymmt by the city to the EHA for aervices rendered by the EHA for adminiateriDg Project Build for the ,ear 1998. Annual Adminiatrative Colts $67,316.66 • 4,776.38 7 ----~ ---- • . • • 0 f __ I • • ,~ • ' A'M'ACHMENI B PROJECT BJDLD GUIDEJ,JNES AND BENCHMARKS 1. Project Build program should not develop vacant land. 2. Project Build should purchase and redevelop substandard, neglected and uninhabitable properties. 3. Project Build should complete five houses per year at 1998 funding levels. 4. Project Build funds should be Wied for project related expenses such as real estate acquisition, demolition, architecture, conetruction, marketing and customary and uaual finance and closing COits . 5. Project Build should support the City Goal of increasing the number of owner- occupied dwelling units in Englewood . 6. Except for administrative expenaee set forth on Attachment A hereto, Project Build funds should not be Wied for salary, benefit or other penoonel COits . 7. City provides funds for administration of Project Build. 8. Project Build projects shall be exempt &om f-for buildinc permits. 9 . Changes in Project Build Guidelinee and Benchmarb llhould be in writing. 10. Project Build Guidelinee and Benchmarb should be evaluated annually to determine if reviaiona are neceuary. 11 . Project Build administrators should alert the City when eetimated per-project 111beidy exceeds $50,000. 12 . Project Build should support one and two-family dwelling conatrw:tion . 13. Project Build should support Workforce Houaing Englewood . A copy of the provisions of the Workforce Housing Engl-ood Prosram are attacbed haeto. 14. The Agreement shall be effective March 1, 1998. 8 "' -. ' • - \ ' .. • • 0 t .,,,v I 1- f • • - .. COUNCIL COMMUNICATION Date Agendattem Subiect Transfer funds from the Project March 2, 1998 11 Ci Build Fund to the General Fund Initiated By Department of Financial Services I Staff Source Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The Council approved Ordinances 84, 85, and 86, Series of 1997 setting the mill levy, approving the 1998 Budget, and 1998 Appropriations on final reading October 23, 1997. This action supports economic development by moving funds from the Project Build Fund to the General for economic enhancements. A memorandum was sent to City Council on October 15, 1997 regarding the background of this action. RECOMMENDED ACTION Staff recommends the City Council approve the attached reeolution transferring funds from the Project Build Fund to the General Fund. The sources and uses of funds .,.: PROJECT BUILD : Source of Fundf: Contributed Capital $320,000 Ylt of Fyndf: Transfers Out S320 ,000 GENERAL FUND: Soyrce of Funda : Transfer In $320,000 Ylt of EYOdt: Fund Balance $320,000 (Expenditures to be appropriated by future supplemental appropriations) The City of Englewood is required by City Charter to transfer unencumbered funds from one department, office, or agency to another by City Council action. The City Council must separately appropriate the spending of these funds. The attached resolution ensures compliance with the City Charter. . , • . • • 0 , I • • • '· BACKGROUND,ANALYSIS,ANDALTERNATIVESIDENTIRED This is in response to a comment Council Member Habenicht made at the September 15, 1997 Budget Retreat regarding the Project Build Fund. She had mentioned that Council had designated a portion of the funds transferred to Project Build Fund for economic enhancement programs. Susan Clan< researched what amount, if any, of the Project Build funds were designated for economic enhancements. It appears, from the June 6, 1994 Council minutes, that $320,000 was designated for economic enhancements. Further research concluded that no funds have been used for economic enhancements as designated by Council. The 1998 Budget includes various business enhancement programs administered by Neighborhood and Business Development staff. Staff would like to proceed with actions to transfer $320,000 from Project Build to the General Fund to help cover the cost of the economic enhancement programs. City and Englewood Housing Authority staff met on November 3, 1997 to discuss this action. No alternatives were identified. FINANCIAL IIIPN:f The transfer will reduce the Project Build Fund's Contributed Capital by $320,000 and increase the fund balance of the General Fund by $320,000. UST OF ATIACHIIENTS Proposed resolution ) ' ' .. •, • , . , • 0 I - • ltaOLUTION NO. ~ SERIES OF 1998 '· • • • A Q!IOLlrt'ION' POR TIU TBAN8PD OP P'UND8 PIIOII TIIB PB0.1BCT BUILD / FUND, TO THE GENERAL FUND . WHEREAS, the City Council of the City of Englewood, Colorado, approved Ordinances No. 84, No. 85 and No. 86, Series of 1997 which set the mill levy, approved the 1998 Budget and the 1998, appropriatiom on October of 23, 1997; and WHEREAS, the pauage of this resolution will support economic development by moving funds from the Project Build Fund to the General Fund for economic enhancements within the City; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City of Englewood 1998 Budget ia hereby amended aa follows: PROJECT BUILD ftJND: Source of Fund1: Contributed Capital llw ofFund1 · Transfer Out GENERAL FUND: Soww of Ftaode : Transfer In lJsea pf Fupd1 · Fund Balance (Expenditure. to be appropnated by futun supplemental appropriationa for buain- incentive programs to be determined by the Department of Neichborhood and Buainaa Development) $320,000 $320,000 $320,000 $320,000 Sectigp 2 . The City Manapr and the Direc:tor of Financial Services are hereby authorized to make the above cbanpa to the 1998 8udpt aC the City aC Enil-ood. ADOPTED AND APPROVED thia 2nd aC March, 1998. ATTEST : 'nlomu J. Burna, Mayor Loucriabia A. Ellis , City Clerk • ' ' .. • • • 0 )- • • • ·., • ~. I, Loucriabia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a tnae copy of Reeolution No._, Series of 1998. Loucriabia A. Ellia . ' •, • • 0 ,_ • - 0 I • • ... • . 5. ~ft?hJY'~ ~ ~ tlf9f/'1-0 • I· • C ' ' • - - ... I. . 0 • . ' • 1@) Mfl)-IA- . . • • 0 • ' - • • • ,,. , 0 :. • ' . ' ' . --------------P~ ~, -- @ ____ ., --I ------------ __ _ ~~-~~- -6) ~i= ~w;--~-- -------- = {f} fll) _-_--=-----= -- • . - ' ,• .. ' ' .. I. . , 2 • "' - -• . 0 :, • . ' • • I. . 0 , "' ,, • - 0 ,. • h I I. • .. . . . •· ' 2 • 0 1. 2 . ' 3 . • ,. AGENDA FOR THE RE<3ULAA MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, MARCH 2 , 1998 7 :30 P.M. call to order. 7: /;;,.~ Invocation. /)~ Pledge of Allegiance . ~ 4. Roll call. ?~ 5. Minutes. · ' tR/147-fJ Mlnutesfiom ... Reguia,City Counol maatingof Fabrua,y 17, 1998. ~ 6. Scheduled Visitors. (Please limit your presentation IO ten minutes.) a . Representatives from the organizations receiving Aid to Other Agencies funding from the City of Englewood will be present to accept their donations. 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes .) ~ 8 . Communications, Proclamations, and Appointmentll. a . Letter from Su~~~~ ~ting his resignation from the Englewood Election 'f-o°mmission. ~ b . Letter from ttttt,lmes indicating his resignation from the Englewood Housing uthority. 1/l)~ . . Procla~at~n honoring Roland A . °'!!Jl1. ~~ his 90" birthday~ Publ~-.. ~) -·(!~ . 9 . . ' •, .. • • PINN noee: If you M¥9 a •• ...., and nNcl....., alda OI' • w1DII, ....... nallfy .. CIIJ of......... 0 (7U-24CIIS) at ..... 41 hoUr9 In ....... of WMl'I _... .. ......_ n.lk ,ou. •. '--. I J • • • 0 - Englewood City Council Agenda March2, 1998 Page2 10. Consent Agenda. a. Approval of Ordinances on First Readi~. - a ~ .. No.13 Recommondation ~bomood and eus;,.,. • Development Department to adopt a bill or an ordinance approving proposed /JI I _ • odifications to the Landscape Standards of the Englewood Comprehensive 'f'ff' o ing Ordinance. STAFF E: :r Lan nvlro tal Technician b . Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of two Pick-up Trucks and one heavy duty 4X4 Pick-up Truck. Staff recommends awarding the bid for all three vehicles to the State bid vendor, Fogle Olds/GMC in the amount of $50,164.00 . STAFF SOURCES: Stewat Fonda, Dil'9Ctor of Utilltles and Jim Tallent, Operations Dlvlaion Manager. 11 . Regular Agenda . a. Approval of Ordinances on First Reading . i. .. Council M No. 14 -~ecommendation from the Department of Parks and Recreation to adopt a bill for an ordinance approving an lntergovemmental, J .. ~td,.IJ Agreement with South Suburban Park and Recreatkx\District regarding ~ cooperative resident prog1'!_1S; fT¥_F SJ2URCE: JerNII Black, ~ of Parka and Aecrutlon. /() ll-l-lJI.IJJ/ ....._ ... : I ,au.... and IINd 8lldllry alda o, wvtoN, ....... nollly .. City ol 11 ... mOCNI (7U-MCll)al ............ In ...... °'"'*' .............. 1'IWlk ,OU. ---' • .. • • • 0 , • 111 -. ' 1-• • I• . • ' '· .. a . Mayor's Choice. b . Council Members' Choice. 13. City Manager's Report. a. Englewood Center Update. 14. City Attomey's A~ Adjoum~jj)~ - 3 K?>'i-~ I ?i,~ -)¥ ;;le The following minutes were transmitted to City Council between 2/13198-2/26/98: • Engle'M>Od Police Pension Board meeting of July 10, 1997 • Engle'M>Od Non-Emergency Pension Board meeting of October 8, 1997 • Englewood Joint Pension Board meeting of October 27, 1997 • Englewood Planning and Zoning Commission meeting of February 3, 1998 • Englewood Cultural Arts Commission meeting of February 4, 1998 • Englewood Liquor Licensing Authority meeting of February 4 , 1998 • • 0 ....... IIClle: lyau ...... ......., ......... ...., ...• 111,11 ............... ca, .......... (712-1411) al INet 41 INNn In---.............. ......_ 111a* ,ou. -----l • ]- ] • • • • • <. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Salioa Mardi 2, .,,. I. Call180nler The regular meeting oldie Englewood City Council -called to order by Mayor Bums at 7 :42 p.m. 2. ..___ 3. The Pledge ol Allegiucc was led by Mayar Burm. 4. RaUCal Prescnl : Council Mcmben Nabhol z. Clapp. Garrett. Bradshaw. Habenicht . Waggoner, Burns Abscol : None A quorum was present Alm pracn1: City Muqer Scars City Auorney Bnimnan City Clerk Ellis S. Miaata Ncigllborhood and EavinlDmcnl Tccbnician LaDgoa Director SimplOII, Nclgllborhood and Business Dc\dopmcnl DiJu:lor Black. Parts and Rcclatioa DiJu:lor (iryglcwicz. Financial Services Director Olson. Safety Services Director Fooda. Ulililies (a) COUNCIL MEMSER SllADSBAW MOVED, AND IT WAS SECONDED, TO APPROVE THE MDIUTES OF THE REGULAll MEETING OF RBRUARY 17, 19'1. Ayes : Council Members Nabllolz, Garrett. Bradshaw. Habenicht. Wagaaer, Clapp, Bllms Nays : None Motion carried. 6 . Sclleduled Vlllhon (a) Rcprcscnlati\lCS from the orpnil.llions receiving Aid 10 Olhcr Agencies funding from the City of Englewood were prescnt to aa:cpc their donalions . • . . ---~-- . , •, • • 0 f __ I - ] En&tewood City Council Mardi 2, 1998 Pqe2 • • t• • Mayor Bums prescnled a check 10 the Meals on Wheels Director Jan Andrus . Ms . Andrus advised she is the Director of the Meals on Wheels program thal services Englewood. She thanked Council. on behalf of the seniors Ibey serve and their families . Mayor Bums presc:nlcd a check IO Coun House Inc., Executive Director Anne Robinson. Ms . Robinson stated Ibey provide IICIViocs, n:sidelllial treatmenl for adolescents who have been abused and neglected. She lbankcd Council on their behalf. Mayor Bums pracnlcd a check 10 Sandra Blylhc-Pcny for lnler-Failh Task Fon:c. She thanked Council and adviled lhal last year lnler-Failh llpCIII over $93,000 in financial UIUWIQC and the citizens of Englewood rccei~ approximaldy $38,000 oflhal money . She offered their !hanks and appreciation . Mayor Burm praenled a c:beck IO the Galeway 8altercd Women's Shelter Residcnlial Director Kay Velasquez. Ms. Veluqucz advised she is the Residential Director for lhc IOUth facility . She stated Ibey have jusl cdebnted their four year anniversary. She lhanked Council on behalf of their Slaff. board of dircclors and all of the clienls Ibey serve . Ms . Velasquez IIOlcd this will allow them lo con1inue lhcir WOil. Mayor Bums pracnted a c:beck 10 Eaglcwood High School ecacher Juli Kramer for the EHS Close-Up Program . Also, EHS llUdcnts Jennifer Murrain, Leah McCalman, Crystal Scharles and Aaron Ellis were prclClll . Ms. Kramer staled Ibey arc -of the Sludents tbal will be ancnding lhc Close-Up Washington Program this year . She explained Ibey will have an opportunity 10 explore government al the national level first hand for one week and ii is I very intensive •udy. Ms. Kramer staled lhal Ms . Murrain would like IO malice little pracatalion IO Council. Ms . Murrain prcsenled I ccrlificale of their appreciation for the donation lo their cause . She said Ibey just want lo thank Council very much for their conlribution. Mayor Bums prcsc:nlcd a check IO the Englewood Education Foundalion faecutive Director Larry Nisbet Mr . Nillbct noccd there were a number of board members sitting in Ibis room and Ibey appreciate this support of the Englewood Education Foundation. And particularly, he said, lhc in&eragcncy fund. which goes IO support families in Englewood IO help keep their children in school and in the education process. He advised they will keep Council informed on how well it is used . 7 . N~ There were no non-scheduled visitors . 8. (a) A lcucr from Sunday Aigbe indicating his resignation from lhc Englewood Elcclion Commission was considered. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNATION o, SUNDA y AIGBIE noM THIE ENGLEWOOD IELIECTION COMMISSION. Motion carried . Ayes : Nays: Council Members Nabholz, Garrell, Bradshaw. Habenicht.. Waggoner, Clapp, Bums None (b) A letter from Malt Innes indicating his resignation from the Englewood Housing Aulhority was aJIISidered . __...._._'' "' - • I • •· • 0 I • 0 • Enpewood City Council March 2, 1991 Pasel COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO ACCEPT WITH REGRET THE RESIGNA TJON OF MA TT INNES FROM THE ENGLEWOOD HOUSING AUTHORITY. Motion carried. (C) considcrcd. Ayes : Council Members Nabholz, Garrett, Bradshaw. Habenicht, Waggoner. Clapp. Burns Nays: None A proclamation honoring Roland A. Deering on the occasion of his 90th birthday was The City Clert read the proclamation in full . COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE THE PROCLAMATION HONORING ROLAND A. DEERING ON THE OCCASION OF HIS 90m BIRTHDAY. Ayes : <ounc:il Members Nabholz, Garrett. Bradshaw, Habenicht , Waggoner, Clapp, Burns Nays : None Motion carried. Mayor Bums noted the proclamation will be forwarded to Mr. Deering. as he was not present . On behalf of Council, Mayor Burns offered their oongratulations. 9. Public Heari•I No public hearing was scheduled before Council . (a) Approval of Ordinances on First Reading COUNCIL MEMBER HABENICHT REMOVED AGENDA ITEM 11 (a) (I) FROM THE CONSENT AGENDA. (i) A IUOIIIIIIClldal from lbc Neigllborllood ud e.i-. De\dopment Dqmtmenc to adopt a bill for an ordinance approving pnipaed andificaliolll to lbc L...+cape Swidanls of the Englewood Comprdlcnsi..c Zoning Ordinance -CIODliden,d. Mayor Bums noled that Council will llCICd to set a public bearing OIi dlis maacr. The City Clert was asked to read Council Bill No . 13 by title: COUNCll. BILL NO . 13 . INnOOUCED BY COUNCIL MEMBER HABENICHT A BILL FOR AN ORDINANCE AMENDING Tlll.E 16, BY REPEALING Tlll.E 16 . CHAPTER 4 . SECTION 18, ENTl1l.EO LANDSCAPE ORDINANCE ; ENACTING A NEW Tlll.E 16. OIAPTER 5, SECTION 26 , ENTITLED LANDSCAPING STANDARDS ; AND AMENDING Tl1l.E 16, OIAPTER 8, SECTION I, BY THE ADDITION OF SEVERAL DEFINITIONS , OF 11iE ENGLEWOOD MUNICIPAL CODE 1985 . • • , Enckwood City Council March 2, 1998 Pace4 • 0 t• • COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i) • COUNCIL BILL NO. IJ, ON nRST READING. Council Member Waggoner Slaled that he has a question on page 4. paragraph D (I) (A) and (B). He said he was curious as to why those percentages, like 4<Wo, 25% and 25"., were different and why it is 40"/o of the lot area on the single-.family ddachcd, single-family attached, two-family uses. Neighborhood and Environment Technician Langon advised that the single-family ddachcd, single-family attached and two- family, in all zone districts, would be the same. No matter what mne district you fell into. So, she said. for example if you happen to be in a single-family ddached home that was in an industrial area. you would still follow the guidelines for all other single-family homes. Ms . Langon staled ii is an across-the- board llltCmpl to address landscaping for the single-family, across the City . so they are not separate, in different mnes . Council Member Waggoner asked why 1ha1 should be any more than the multi-family uses ... 25%. Ms . Langon Slaled that. generally, ii would be because with multi-family they would be larger buildings. Council Member Bndsbaw said ii would be like apartments . Mayor Bums noted you would have a IOI more building aJYelllF • the site dlan you would with a single-family home . Council Member Habellichl med that she clarify ii is 2591. of the property, not 25% of that which is available for landsc:aping. Ms . Langon Slated that is right, ii is 25% of the total site . Council Member Bradshaw med ifthere is anything that shows what was in the Code before the changes. Or, she ulted. are these all changes. Ms . Bradshaw commented that she can go through her Code, which is noc her favorite thing to do. but she CXJUld do that She asked if there is anocher way that Council cx,uld see what was changed. Ms. Langon said. if there was something specific, she would try 10 answer that. Mayor Bums uked. as Council will have a public hearing and there will be another reading. if they CXJUld do that in between. He noted they have done that before. Council Member Bradsliaw lllllcd she would tlppffl:iale • line version . Council Member Habenicht oommcnted thll she always lilies III w that. Ms. Langon Siami lhe would do that. Ms . Bradshaw said that would be pctfcct . Council Member Waggoner med if this actually came up • a lllldy a:ssion . He said he doesn ·1 remember seeing this at • study session . Mayor Bums oommentcd that Council had this in front of them before. Ms. Langon advised that the Planning and l.oning Cmunission has been going over ii for some time. Mayor Bums said he thought the Planning and l.oning Commission came to a Sludy session . Council Member Waggoner pointed OUI that Council didn't go over the council bill or anything. like they usually do for something that appc:an to be a far reaching thing. He staled it seems that Council should have ii at • Sludy session before ii actually comes up on the agenda. City Manager Sears advised they can do that, put ii on• study a:ssion agenda . He said he was noc sure where they are and that the 16'" is the next study session. He commented that he didn't think there was a timing issue . No. Ms . Langon said. and she CXJUld have a line by line . Council Member Bradshaw said she would appreciate lhal . Mayor Bums said if they are going to do that then they wouldn '1 pus ii on first reading. Council Member Waggoner agreed they wouldn 't, that they would go ahead and have• study session and pus ii on first reading later. Mayor Burns commented 1ha1 they wouldn ·1 set the public hearing tonight either. because they aren '1 passing ii on first reading. •. •. •· • 0 , - • • En&lewood City Council March 2, 1998 Page5 . ' • 0 I • • So , Council Member Bradshaw asked, Council has to pass it on first reading and then set a public hearing. Mayor Bums said if they are going to pass it on first reading then they will set a public hearing. If they arc going to have a study session then they will probably not pass it on first reading. Because, he said, they don't want a study session between first and second reading. Ms. Langon noted they wouldn 't have time to publish. Mayor Bums said you wouldn't have time to publish and do all of that between the first and second reading. Council Member Waggoner Slated that he just thinks there are a lot of questions that need to be answered on this. Council Member Bradshaw commented that shejusl c:ouldn't believe that no one showed up at the Planning and z.ooing meetings when they were considering this. Council Member Waggoner noted that this affects a lot of residential area . Mayor Bums stated that he got the impression that Planning and Zoning has done quite a bit of work on this. Ms. Langon adviscdthat they had a study session. some review and the public hearing. OT at least, Mayor Burns said, maybe the staff did a lot of work on this. Council Member Garrett advised that it has been an issue with Planning and Zoning for over two years. they have been talking about this for two years. Ms. Langon noted it has been since about October for this ordinance. Council Member Nabholz Slated she is kind of like Council Member Waggoner is. for the simple fact that she doesn't know where the numbers came from . She said that is what she had highlighted 100, the diff'erence between single-family, multi-family and business. Also, she asked. on page 14 , when ii comes to mainlenancc, if this will be another-enforcement issue . She asked how ii will be enforced . Ms . Nabholz staled that she 100 has a lot of unanswered questions. Mayor Bums said if the consensus is to have a study session, then they should have a study session. Ms . Langon advised lllat the answer to the ques1ion from Council Member Nabholz and Council Member Waggoner. the 40% is tbc same from the cummt ordinance to the proposed ordinance ... the same number. So. Council Member NmholNaid, that is not dlangcd. Mayor Bums commented that the bill was IIIIMd and scconded . Council Member Habenicht noted she c:ould probabl)' rcmovc: the motion and Council Member Bradshaw said tllll she would remove: the second. But. Ms. Habenicht noted, she had a queslion to ask before she would do that Council Member Habenicht asked if there is any c:ona:m about timeliness. bccaulc ol somc of the rcdcvelopmcnl projects that we have in place. For example, she said, Cinderella City. the nonheasl uea and Broadway. She asked if this is something Council should go ahead and pass on first reading. Ms. Habenicht noted she also has several questions and that is why she wanted to pull it. Council Member Bradshaw commented 1ha1 this is where she gets confused. She said she thought first reading was to bring it to the public's a1ten1ion, then Council could have a study session on ii and they c:ou1d make amendments. But now, she noted, it's like Council doesn't do anything until they have a study session on it. Mayor Bums said he thought Council c:ouJd do whatever they want. Council c:ould have a study session between them and then just delay lhc second reading and the public hearing. City Altomcy Brou.man pointed oul that their only problem comes if they act a public hearing, they need 10 set it just far enough back that they can have their study ICS5ioci . He noted they arc actually looking into probably April before they can have the study session . -~----- I' - • .. •· • 0 Englewood City Council March 2, 1998 Pa,:e 6 • 0 • I• .. Council Member Waggoner Slated that there may be some major changes before they would even want t.o set the public hearing. Council Member Habenicht pointed out that she still hasn't had an answer to her question. Which is, she said, is there timeliness on this in terms of some of things we are doing. And one of the problems is that we don't koow what we have in existence right now. Mayor Bums asked if this is a major rewrite. Ms. Langon Slated it is a major rewrite. So, Mayor Bums, noted, showing lines really wouldn't benefit Council that much. Ms . Langon advised that she could do a breakdown, a comparison . She DOied it won't be exactly line by line, but it will be a comparison where one number -40 and now it's JS. Mayor Bums askcd if Council could pas it on first miding and not set a public hearing. City Attorney Brotzman advised they could do that cxcqll they would have to bring it back up for Council lo set the public hearing. Council Member .Habenicht staled that she wanted to say that generally she supports it, that ccnainly she supports what they.a: doing. blll she feels tKrc are a few things that need to be tweaked. Mayor Bums commented that he also basically supports it. He suggested Council pass it on first reading and set the public hearing off to when they are assured they can have a study session in between. Council Member Bradshaw asked if it would be in effect by the time we stan redevelopment . Council Member Waggoner pointed out that if there are any changes to it then they have to stan all over anyway ... ifthey are substantive challflCS . He asked City Attorney Brotzman if that was correct. Mr. Brownan said yes. Council Member Habenicht Slated she still does not have an answer to her question. City Manager Scars commented that Ms . Langon or Director Simpson could address that. but that he was not sure. Ms. Langon advised that it is focused across the City. She noted, as Mr. Ganctt said, that it has been coming on for two ycan. Ms. Langon Gpincd that iws a..aiity o( life issue and it would be as to how soon Council would wait to1111dRathal. Council Member Habenicht said that Council has the benefit of having somcbody who has sat through the process a little bit. She askcd that Council Member Garrett enlighten Council a little bit on this. Council Member Garrett advised that this issue came up in October as he was walking out the door. But . he stated, for over a couple o( years there was a concern. cspccially when Trolley Square was taken down . He advised that a lot of people on the Planning and Zoning Commission wanted to have some kind of landscape in the parting lot just to make it look better. Which then led to a lot more discussions about the landscape problems and son of our lack of updated landscape standards. So, Mr. Ganctt explained, it has been in sort of an evolving process over the last a,uplc of years. of trying to come up with some standards they thought would help the quality of life in Englewood and that was for businesses as well as residential . Council Member Habenicht Slated she would like to ask Mr. Garrett's opinion, as a fellow Council member and somebody who has been following this issue for a long time, if this is something that he believes they should probably moving forward on and would it have some impact . She asked if he would suggest that Council go ahead and pass it on first miding and then make any amendments or what have you . She asked if he felt it was okay to wait a little bit. Ms. Habenicht said that she would like to have his opinion. Council Member Garrett advised that their concern. at the time. when they were talking about it ..... ,, - •. .. •· • 0 , I - En&lewood City Council Marcil 2, 1998 Page7 • • • I• ... last year, was to get it into place before Cinderella City 5lartcd lo move. He Slated that was a lot of it, and when the South Broadway piece 5lartcd lo fly, they wanted 10 have this in place. Then, Council Member Bradshaw said, the more they delay . the more ii will impact quality of life. Exactly, Council Member Garrett said. Council Member Habenicht said okay, then she would not withdraw her molion. Council Member Bradshaw stated she would not withdraw her second. Council Member Waggoner llilalcd he wanted to point oul. again. that if then: are substantive changes then they may• well not pass it on firsa reading. Mayor Bums noted that they don't know how subslantive they are going to be yet . Council Member Waggoner asked if they wanted him to bring up one. just so they might know. Council said yes. Council Member Waggoner asked that they look on page 6, at the bottom of the page, number 4 . "all landscaped areas shall have an approved irrigation system." He asked if that means that every residential house in Englewood. that their landscaped areas will have an approved system . Ms. Langon referred Council to page 13, Q . Irrigation. She noted lhal defines an irrigation system. which includes a hose attachment with 100 feet of hose lo lhe landscaped areas. So it doesn '1 have to be an installed. underground system. Council Member Waggoner, referring to the next one, number 5, ~all landscaped areas adjacent to vehicular areas shall be protected from vehicular lratTJC by concrete aubing or other devices accq,table 10 the City which prohibit vehicular aa,ess to and encroachment upon these areas ." Mr. Waggoner said let 's ,. assume that every house or every residential home has a driveway leading to the garage. He asked if that means that all driveways have to have curbs on each side to prolCCl it from somebody running over the landscaped area . Ms. Langon Slated that was a good point. She explained that they looked at ii as an issue of a parking lot . Council Member Waggoner said 1ha1 he underSlands 1ha1 . Mayor Bums pointed oaHllal this is the excrasc they will go through iCthey have a study session . Council Mcmbcr •Wagoaer said that is right and if there an: subslantive changes then they will have to stan all over . Mayor Bums commented that they could pass ii on firsa reading and then they would have to do it again. Council Member Habenicht asked if this is for all existing properties or if it is for new dcvelopmcnts, ~ or redoing, within the City. Ms . Langon advised it is for any property that would be activated by one of the applicability standards, al lhe front . Ms . Habenicht asked that she answer that so she undcrslands ii better. Potentially, Ms . Langon Slated, ii could be every property. but there are a number of what they hope would be safeguards that with existing landscaping. or a number of other things, that not every propeny would have 10 come up lo these Slandards. Because. she said. if you were going 10 add an addition lo your home. but you dido ·1 qualify under the size. this landscape ordinance would not affCCI you . Council Member Garrell and City Allorney Brotzman noted applicability is addressed on page 2, B. So, Council Member Habenicht said, ii wouldn't apply unless something kicked in. Ms . Langon said thal was right Ms . Habenicht commented that cvaybody is not going to have to IO OUI and redo and 111Ca11m and all of that. Thal ii is only if they are going to do something new and ii is for new developments. Ms . Langon said yes and &he explained that there are clauses for existing propenjcs if you are going to add on ,,,_ • .. • • 0 , J- J • • En&tewood City Council Marcil 2, 1998 Pqe8 • • • I' to your home, if you can demonstrate that you had existing landscaping that met or exceeded the requirements, then you arc done. So, Council Member Habenicht said, everybody who has a driveway isn 't going to have to redo their driveway according to this. Only if they do something else that requires one of these things to kick in . Director Simpson suggested, in the interest of time, that they go ahead and set the public hearing date for April 20111 and cnsurc they have a study session that addresses Council's questions. He swcd he knows that Ms. Langon is moR: than prepan,d to go OYU this in minute detail as wcU as answer most of Council's quations. He opined that most oCthcir quations can be answered. He pointed out that they arc not ayiDg this is 100% perfect. that he doesn't think any ordinanc,c can Ft there, but if they have 101DC di1e1111ioo on this they would really appreciale it. He said he knows that this ordinance bas been in, kind o(, clilCllllioo iJr the lat ~ oC yan witll the Planning Olmmiaion Mr. SilllpWI noted tllcy dilCllad it with Council lat Augull when they were talking about large formal. retail design. guidelines. So it bas been aJDSidcrcd and tbouglll about. He advi9Cd that OIIC of the R:a10111 it is SO imponaal to this cx,mmunity is because we arc facing sipificant rcdevdopment isaies. along South Broadway and in, and adjacent to, Cincbdla City. Thal is what the Planning Commission and staff felt was important, he said, and they arc brillplll6il forward as a qualily al life issue . He noted they would appreciate it, if Council Id the hearing date far enough in advance ad they would answer questions in the interim . He asked if that would be possible . That way, he opined, they would answer them moR: fully and moR: comfortably for C-ouncil, in moR: of a dilCllllioo format . C-ouncil Member Bradshaw swcd that Ms . Langon's handling them, from all angles, very well right now . Director Simpson agreed that she is and he said that he can tell Council that Ms. Langon has worked very bani on this. Thal this was a very cliffiadt ordinanc,c to prepllR!. He stated that one of the reasons. he bclicws, that they didn't have too ~ pcoplc show up at the public hearings, is because Ms . Langon was out with the pablic, worting very bani Uying to Ft enough input in advance of these hearings. He said they have tried to do a liUlc bit al that homework and they will be moR: than happy to go over that with C-ouncil. Ms . Langon said that what Mr . Simpson meant by that was that she asked a lot of questions bcfOR: hand. Council Member BnlMaw ammmtClll Ihle when she was on COIIIICil Wm: was when they wratlcd with this. She noted ii -la• tine and llalf'ID 11.-year p,..-to Id die 011C they arc c:umatly dealing witll. .... tllcy aR: lffllUII rigllt -· Mayor Buras said tbcac killds of iaa have~ .. bcfcn. Ms. Bradlllaw .... tllcy had. lat o( c:am-.ity partic:ipllion .. dial tiae. --it -the 6m time tluough. V• reails N die..._•..,,_ C-61 .. Ne. IJ N fine ralMa&: Ayes : Council Members Nabbolz. Gama. Bradsllaw. Habalicbt. Waggoner. Clapp. Bums Nays : None Motion c:anicd. COUNCIL MEMaEa allADSHAW MOVED, AND IT WAS SECONDED, TO SET A ruauc HEAIUNG ON COUNCIL alLL NO. IJ ,oa Al'IUL ...... Ayes : Council Members Nabbolz. Gama. Bradshaw. Habenicht. Waggoner. Clapp. Bums Nays : None Motion c:anicd . ' • .. • • 0 ]- • • Eackwood City C1N1ncil Mardi 2, 1991 ... , ·, (. • • t• - Council Member Waggoner asked when this might come up on study session . He was advised it will be April 13th. Council Member Habenicht asked if that would give Council time, if they make substantial changes. to redo a first reading. She asked if they c:ould do a first miding and a public hearing that night, if they had substantial changes. She questioned if that made sense . If they have substantial changes, Mayor Bums said, he dido ·1 think they would have a public: hearing that night, that they would be back to first reading. City Attorney Brotzman said that was a,rrcc:t. Council Member Habenicht said if they are hying to make it move forward for substantial c:hanges, maybe they should have a study session prior to the 6th so that oo the 6th they could pas a DN lira reading if nea:ssary. Mayor Bums said if they c:ould fit it in. City Manager Sears advised they ~ the issues oo Cinderdla City, landlord registration, code eafORlCIIICllt ... iaa up lllllil die 11•. He DOied they~ an hour discuslion on the lelecommunic:ations ordiaancc. Mr. Sears comm w t thal he dido 't want to pt inlo this disc:ussion and then not ~ it su8ic:ieally c:ovmd. Oluncil Melllber Habalic:lll lllllCCI if the tdecommunic:alions issues could be pul off. City Manqer Sears said Ille oaly tbing he could dw* ofwas thll they could an the mocting al S:00 p.m. Mayor Bums noted that the tdecommunic:ati issue was a big issue, that Ken Fdlman spoke to. at the last mocting of the Metro Mayor's Cauc:us . He said it is important because the FCC may preempt our loc:al zoning. dec:ilioll making. powers ~ telec:ommunic:ations is c:onc:emcd . He stated that local communities wen: advised to mow: promptly ahead on onlinanc:es to proecct themselves. But, he noted. perhaps they c:ould meet earlier. City Manager Sears said if they c:ould meet al S:00 p .m . on April 6th and that would give them an hour to review this. Council Member Bradshaw pointed out that they have March 30th wide open. Mr. Sears agreed. Counc:il Member Garrett advised he will not be here, he will be on vacation. He commented that they c:ould do the telec:ommunications that night, as he can't participate in that anyway . Mayor Bums agreed that was an idea. City Attorney Brotzman explained that Ken Fellman can't make it that night, that we are hying to wort around the Aivada City Council schedule as well . City Manager Scars said March 30th is fine if that will wort for the Council. Council Member Bradshaw asked ir it would wort for Council. Council agreed. She emphasi1.cd that would be a study session only on Ille landscape onlinanae. (b) Approval of Ontinanc:es on Seoond Reading COUNCIL MEMBER WAGGONER UMOVID AGENDA ITEM 10 {It) (iii) FROM THI CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II(') (I) aM1 (Ii) ON SECOND READING. (i) ORDINANCE NO. II, SERIES OF 1991 (COUNCIL BILL NO. 8 , INJ'RODUCED BY COUNCIL MEMBER HABENICHT) AN ORDINANCE APPROVING SUPPLEMENT NO. 136 TO nm SOUlliGA TE SANITATION DISTRICT CONNECTOR 'S AGREEMENT FOR nm INCLUSION OF LAND WmtlN 1llE DISTRICT BOUNDARIES . (ii) ORDINANCE NO. 19, SERIES OF 19911 (COUNCIL BILL NO. 11. INraODUCED BY COUNCIL MEMBER HABENIClfl) AN ORDINANCE AMENDING 1111..E 12, CHAP'reRS 18 AND 2, OF nm ENGLEWOOD MUNICIPAL CODE 191S PERTAINING TO REIMBURSEMENT FOR WATER AND SEWER MAIN EX"JcNSIONS. . , ' .. ,, •· • 0 -• • ,~ -' Enct-ood City Council Marcia 2, 1998 Pa&elO Motion carried. Ayes: Council Members Nabhol7~ Garrett. Bradshaw, Habenicht, Waggoner, Clapp, Bums Nays: None (iii) Council Member Waggoner advised he is still somewhat concerned, even though they have letters from our own staff and letters from the traffic engineer. saying that the increase in use at the park would not materially affect the results that were submitted on traffic analysis. He noted he keeps thinking back to the requirements they put into the Swedish Hospital contract. whereby any future need for improvements to signals caused by the increased development shall be borne by, essentially then, it was by Swedish Medical Center. He said he was wondering whether or not we should not have that same thing as a oondit.ion on this one. As, he noted, we are not going to require them to do anything now, that if indeed we find out that traffic has Men generated. that they have to pay for, or at least share part or the burden, for improving the signals for the South Subwban gystem. Council Member Bradshaw asked if that would be Section 5 . Council Member Waggoner said it could be Section 5. Council Member Waggoner noted there is also a problem with Section 3, in that it says ··residential rates for the use of all facilities in Cornerstone Part" and our agrccmcnt with South Suburoan is just for the baiting cages and the miniature golf at Cornerstone Park. So. he stated, they definitely have to amend that to read batting cages and miniature golf. Rather than saying the use of all facilities. it would say use of the batting cages and miniature golf in Cornerstone Park . The City Clerk was asked to read Council No. 82 by title: COUNCIL Bill. NO . 82, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR ANORDINANCE APPROVING AN AMENDMENT OF TIIE PLANNED DEVELOPMENT FOR CORNERSTONE PARK (SOI.Tlll SUBURBAN PARK AND RECREATION DIS11UC'O AND INlcRGOVERNMENT AL AGREEMENT FOR 11fE INCLUSION OF 2 IN-LINE HOCKEY RINKS. I SKATE PARK, 4 INFORMATION KIOSKS, 4 SHELTERS WITIIOUT RES11t00MS AND 107 ADDmONAL PARKING SPACES. COUNCIL MEM•R WAGGONER MOVED, AND ITWAS SECONDED, TO APPROVE AGENDA ITEM 10 (b) (iii)· COUNCIL 81LL NO. 12 ON nRST READING. COUNCIL MEM8ER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL 81LL N0.12 TO INCLUDE A PROVISION, AS SECTION 5, THAT ANY nJTURE REQUIREMENTS OR NEEDS FOR IMPROVEMENTS TO SIGNALIZED INTERSECTIONS, OR SIGNALS WITHIN THE AREA CAUSED av THE INCREASED DEVELOPMENT AT CORNERSTONE PARK. TBA T THOSE COSTS SHALL 8E BORNE BY SOUTH SU8URBAN PARKS AND RECREATION, AND TO AMEND SECTION 3 TO CHANGE .. FOR THE USE or ALL FACILITIES IN CORNERSTONE PARK· TO READ .. FOR THE USE or THE BATTING CAGES AND MINIATURE GOLF FACILITIES IN CORNERSTONE PARK." Motion carried. Ayes : Council Members Nabholz, Garrett . Bradshaw. Habenicht, Waggoner. Clapp, Bums Nays : None veee raaltl • ..._ te .,,_ C..il 11111 No. 12 a -*d: Ayes: Council Members Nabholz, Garrett. Bradshaw, Habcnicbt, Waggoner, Clapp. Bums ' "' -. ' • .. • • 0 I Englewood City Cooncil March 2, 1998 Page II Nays: None Motion carried. (c) Resolutions and Motions • 0 • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i) ud (II). (i) FOURTII AMENDMENT TO TIIE AGREEMENT WITH CAMP. DRESSER & MCKEE. INC. FOR IMPROVEMENTS TO TIIE ALLEN FILTER PLANT. (ii) PURCHASE OF TWO PICK-UP TRUCKS AND ONE HEAVY DUTY 4X4 PICK-UP TRUCK FROM FOGLE OLDS/GMC IN TIIE AMOUNT OF $50,164 .00. Votereaihl: Motion carried. Ayes : Council Members Nabholz. Garrett, Bradshaw. Habenicht Waggoner. Clapp, Bums Nays: None 11 . Rquiar Acenda (a) Approval of Ordinances on First Reading (i) A n:comrncndation from the Depart1ncn1 of Parks and Recreation 10 adopt a bill for an ordinance approving an lntergovcmrncntal Agreement with South Suburban Park and Recreation District regarding cooperative resident programs was considered. The City Clelic was asked lo read Council Bill No. 14 by title: COUNCIL BILL NO. 14, INTRODUCED BY COUNCIL MEMBER BRADSHAW A BILL FOR AN ORDINANGE AUl1iORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TIIE SOUTII SUBURBAN PARK AND RECREATION DISTRJCT AND TIIE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER BRADSHAW MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (i) • COUNCIL BILL NO. 14 ON nRST READING. Director Black advised that they have been wolicing with South Suburban for a number of months 10 try 10 get Englewood residents special consideration al facilities over at Cornerstone Palic . There was a sub- committee of City Council. the South Suburnan board and staff and the Parks and Recreation staff that met . The meeting they had. he stated, is the foundation for this agreement before Council 1onigh1. He said that ii basically says that City of Englewood residents will n:ceivc South Suburban resident fees at the batting cages and the miniature golf. South Suburban residents will receive City of Englewood residenl rates at the new aquatic facility that ~i ll be buill in the future al the Home Lumber site . Director Black staled that the City of Englewood will wolic with South Suburban staff in terms of wolicing out parking issues. He noted they have a strong interest in completing their fourth ball field over there. We will also work with South Suburnan in that they will help promo1e some of our programs and we will try 10 help promote some of their programs, in our quanerly activity guide . He said that is kind of the gist of the agreement and reiterated Iha! there was a subcommittee of Council members there involved with setting ' ...... ,. - •. •· • 0 , I - • En&lewood City Council Man:h 2, 1998 Page 12 . ' • 0 ,~ • up pan of this agrccmcnl Mr. Black advised that he would be happy to answer any questions Council may have rclatcd to this agreement. Council Member Garrett asked if, by voting for this, they arc voting to build a fourth ball field or to just discuss building a fourth ball field. No, Director Black advised, they would not be voting to build a fourth ball field. What the agreement says, he stated, is that wc will work with South Subuman to try to wort out parking issues. so they can build a fourth ball field . But in order for a fourth ball field to be built, he said, it is his understanding that they would have to come back through the PUD process . Mayor Burns said yes they would. Council Member Habenicht asked if, by approving this. they arc approving the swimming facility . Din:aor Black said no, that what they arc saying is, that ona: that facility is built, and they hope ii will be built, South Suburban residents will recieive City of Englewood rates. Also, Mayor Bums pointed out, parqraph 5 llalcs it is subject to annual review , approval and budgeting and it may be tenninatcd by either party if that approval is not given . Director Black advised that is correc:t . So, Mayor Bums noted, there arc a lot of outs on this. Council Member Waggoner said he bad anolher question on that particular paragraph. In the council communication, under financial impact, ii says wc do projea a significant impact on revenues to either agency . Bui, he noted, wc have lo approve ii through the budget process each year ... with there being no financial impact . Mr. Waggoner commented ii bothered him somewhat . Mayor Burns noted that was a good question. that he would think there would be mmc financial impact . Director Black advised that the financial impact he was talking about was if South Subuman Parks and Recreation District charged Englewood residents the same rate as they charge their residents there would not be a large amount of money ... probably anywhere from a quarter, fifty cents or I dollar ... -where in there. It wouldn 't be a large amount of money that would be a great impact and vice versa with the City of Eaglewood . But. Council Member Waggoner said, you would never notice tluit, there wouldn't be any budget change for that. Director Black said that was correct. Yet. Mr. Waggoner pointed out, wc say that the agreement is subject to annual review, approval and budgeting. He noted he docla't UDderaalld the~ pan of it. Council Mcmbcr~advmd that llw liae durillg that di,aNion tllc:y were lalkiag abcllll mooilOring how much the offset was . She said she doesn '1 ~ if that addraaes tllll. 11111 n -tllc offset. How many more people from Soutll Subw1lan wen: using our pool or how aM)' -Eapcwood residents were using the miniahlre p,lf aiune or the baiting ca,es. then they •icipMcd 111a tllll. sllc llalcd, is the budget impKt.. Dircaor Black advised that he ~ like IO addral tllc oda llllll,el illll*t. He rdem,d Council 10 number ,, the lasl sentence, says the MaJII for CIOllllnlClioa .... ..,tung ...... be equitably apponioacd, M That, he llaled, would have IO go through the bud9lil .....-. Council Member Waggoner said the other thing he -woedcriag -on parqraph 6 , reprdiag no6ca and communications. He IIOICd wc actually list individuals· -. He opined thal should just be City Manager, City of Englewood and Executive Director. South Subuit.n Director Black agreed 10 change that Council Member Habenicht said thal she wanled IO ask. for the record. why the pa)'IIICIII in lieu of taxes piece is not in this agrccmcnt . Council Member Bl'lldshaw mlCd ii is a land 111t iuuc. Actually. City Attonley Bruczman advised. ii is I ICpllllC i-. it is CNIC sided. they pc it IO Ill. It is 11C11 ill Ille 1grcemen1 formal ~ us. He cxplaillCd ii is like our payac111 in lieu of laxes to Adams UIUllly for ' "'~ . ' • ... • • - • • En&lewood City C1N1ncll March 2, 1998 Pace13 • • • the farm propcny. It is simply a one-sided agreement. Council Member Habenicht asked when we will have that. Council Member Bradshaw noted that Frank Gryglcwicz said he would look that up tomorrow. Director Gryglcwicz advised that he went back and checked with Steve Dazzio, our Chief Accountant, and he said to his knowledge it hasn't been received. so they will have to look into it. Council Member Waggoner asked how that is enforocable, if we don't have some kind of an agreement or somedling in writing. City Attorney Brouman explained that they have a paragraph regarding payment in lieu o(taxes, in the land use issue, in the other ordinance ... scction 4 of Council Bill No. 82. All there WU DO funber discussion, Mayor Bums called for the VOie. V• ,-Na• ....... .,,_ C:..CU Bill No 14 • fint radlar, Ayes: Council Members Nabholz. Garrett, Bradshaw. Habenicht. Waggoner, Clapp, Bums Nays: None Motion canicd. (b) A,pn,val of Ordinances OD Second Reading (i) Mayor Bums advilCld that the prus-1 Housing Authority agreements are, once again, before Council, A..-llmll 11 (b) (ii), (iii) and (iv), Council Bill's 4, S, and 6 . These, he noted, are reprding the interpernmental agreements with the Englewood Housing Authority. The first one is genenl, the second one is repnling the Coaummity Development Block Grant funding and the lbird one is repnling Project Bllild. Mayor Bums advised, for the record, that sillCIC he is the Council rqwaentative on the Housing Authority and therefore he has a a,aftict, lie will DOI be discuaing this and he will be voting to abstain on these iaa. Council Member Waggoner IIIICd 11111 CClll8Cil alllclll Cily MMqel' Sean to become: familiar with and pn,vide a recommeodalioa OD ilelllS 11 (b) (ii). (iii) • (iv). He lllid be wanted to quote dira:tly from Mr. Sean' review. Mr.·Wag&IIICl'lal&, -1.a.Wievelllal ii is uapGl1am to bolda mcelingo(the commillee c:realld.ll * lbldy ...,. o( a.-:il • ...... Alllllority IIIClllbers bd'orc the agreements are appnMd." Council Member w..-, said be takes 111111 to -City Manqcr Sears has not had a clluce to review or llllle a rec triae llladlft lie ....W be~ to table ilems ( I lb) (ii). (iii) and (iv). COUNCIL MEMaltR WAGGONU MOVED, AND IT WAS HCONHD, TO TASLE AGENDA ITEMS 11 (') (ii), (Iii) aN (iY). (ii) Council Bill No . 4, approving an lntcrgo\'emlllCII Agn,ement with the Englewood Housing Authority . (iii) Council Bill No. S, approving an IIIICrgO\'enllll Agn,ement with the Englewood Housing Authority repnling Community Devdopmenl 8lodt Gralll fimding . (iv) Council Bill No . 6, approving an I~ Apa:mcnt with the Englewood Housing Authority repnling Project Build . Council Mclllber Habenidll aaed wllll thal aotioa -. City Aaaniey Brauman advilCld 111111 111111 means it will take two-dlinls o( Council to bring it 1*:k up apill. .. • • 0 , I - • • E•ckwood City C1N1ncil Marci! 2, 1998 Pacel4 • • - And, Council Member Bradshaw noted, there is no discussion. Mayor Bums said that is right. a motion to table docs not allow for discussion . Council Member Clapp asked if she CXIUld ask a technical question, not having to do with this, just a technical question. She questioned if she understood correctly, that to bring this very same proposal up to Council again, they would need two-thirds of a vote of Council to do that. City Attorney Brotzman said that is correct. Or, he noted, they CXIUld continue it to a date certain. Mayor Pro Tern Habenicht stated there is a motion to table on the floor and she called for the vote. Vote reaaltl oa aotioll to table: Ayes : Nays : Abstain: Motion carried. Council Members Nabholz. Garrett. Bradshaw, Habenicht. Waggoner, Clapp None Mayor Bums .. Mayor Bums said he just wanted to clarify. that what this means is they can 't just put it on the agenda like they did tonight. That they have to actually have it on the agenda as to whether they want 10 bring it up at another time. City Attorney Brotzman said that is correct . However. Council Member Habenicht said. it is her understanding 1ha1 if something new would come up and be redone, that ii could go on as a new thing and this would just die a natural death. Then, City Attorney Brotzman explained. you would stan over on first reading. He stated Council can deal with it either way. They can either bring it otTthe table or if they l'CYllmp the agreements they can start with new agreements. Council Member Habenicht said thal would be as a first reading and then this will just never come up again, that is another option. City Manager Scars advised that he thought they would bring it up after they meet with the committee. That. he pointed out, is his intention. to bring it back to Council after the committee meets and then have the Council dccidc at that time whether they would want to consider the issue. But. he noted, hopefully the committee will mcct in the next week or two and based upon what their review is of the issue, they will brins,it back to Council. Then Council can make a decision as 10 whether they want to proceed or not . • Then. Mayor Bums said. proccdurally. if the committee makes ra:ommendations. Council will decide whether they want to follow the n,c:ommenda6ons or not . Cil)• Manager Scars said that is correct. Council Member Habenicht asked who is on the committee. City Manager Scars advised 1ha1 Council Member Clapp. Council Member Garrett and two members of the Housing Authority, DdJbie Medloclt and Don Bobeda are on the oommittee. Council Member Clapp Slated that when they put the together the committee. it was her understanding it was put together just to address the Project Build and where we were going 10 go with lhal. Whether we were going to put the money into the business dis&rict or whether we were going 10 continue putting 1ha1 money into the residential . Ms. Clapp pointed out that lihc didn '1 belic\·c ii \1115 to decide on these contracts. She said she believes the vote tonight was really a dec:iSIOII oo these and 1ha1 Council pretty much spoke on that . that they arc not comfonable with \l'hat is oo lhe llblc. She asked if she was the only one that walked away with that undcntanding of the committee C-1 Member Waggoner said he thinks so, becalllc when he was lalking about. ud having Gary S-S Fl r.-Jaar with. tbcle agRICIIICIIIS • so thal he could make a recommcnda«ion to the Couacil as io Ille bcmils of ca1a1ag ialo 1111: apw or the beodits of not entering illlO the agn,cmcnts. thal was wluil was • Ille _..., _,.. ,, - ... •· • 0 r_ I Enclewood City Council March 2, 1998 Pace 15 • 0 • So, Council Member Nabholz said, Council Member Clapp's understanding was that the committee was to specifically address Project Build. And, Ms. Clapp said, what Council should do with those monies. She stated it had nothing to do with the voting matters that Council just took care of tonight. That, she reiterated, was her understanding of that committee. Council Member Garrett said he fdt Council Member Waggoner was tabling to hear what Gary Sears' recommendation is. That, he DOied, was his understanding. He commented there could be discussion of the committee that might be useful to City Manager Sean in making his recommendation. Council Member Clapp said okay, she just dido 't understand that. Mayor Burns said he thought Ms. Clapp was right about the committee. Council Member Clapp staled that the point she was making was that the committee was not set up to make a recommendation to Council on all of this. these contracts. Council Member Garrett advised it was his understanding, which was similar to Council Member Clapp's. except 111111 what Council said at that SlUdy session was that they need to look at all kinds of different categories el people who lllight need assistance, from businesses to all kinds of residential type areas. He stated they were going to look to see if monies were available, and maybe Project Build money needed to be moved there or not moved there. But it wasn't specifically dealing with these contracts. (c) Resolutions and Motions (i) Director Gryglewicz presented a recommendation from the Depanment of Financial Services to adopl a resolution approving a transfer of funds from the Project Build Fund to lhe General Fund. He stated that this resolution would move $320,000 from the Project Build Fund to the General Fund to be used for future economic enhancements that would be required to be approved by Council. He advised that he sent Council some information and some minutes from the Council meeting on October 18, 1993 and basically at that time, in the budget for 1994. $320,000 was earmarked for economic enhancements. He opined that, because of changes in personnel, thole monies were never used for that. Director Gryglewicz noted that Council Member Habenicht brought this up at the budget session this year, as she bad remembered some of the monies were designated for that purpose. And that is where this originated ud 'Why it has been bnJaghMo Conncil tonight. Council Member Waggoner asked if be was saying this was transfemd into the Project Build fund and now they transferring it out . Director Gryglewicz advised that if Council approves this resolution, that is true. Council Member Waggoner asked why they would transfer it out. Director Gryglewicz staled that it was originally earmarked for CCIIIIOlllic enhanccmenlS. He advised that the discussion was to do a program similar to Project Build. but for the business sector. Because, he DOied, as he said. changes in personnel management, the program was never brought forward . He explained that those people that bad brought this forward left the City and then the money mycd in Project Build and was used for other purposes. This resolution would bring that back and the Neighborhood and Business Developmenl personnel would use that for programs. but only with Council's prior approval . Council Member Habenicht asked. since Project Build is. in essence. what ii always has been. and this money was earmarked in Project Build for cc:onomic de\'Clopment purposes. why does ii need to be moved . Director Gryglcwicz advised thal it is his unden&anding that the people womng with Project Build did not have the incentive or background to do that program. He noted be can · t speak for that personally. that ' -------- • • f - - Enckwood City Council March 2, 1998 Pace 16 • 0 • he is just looking al bringing the money back for use by general City projects regarding business and enhancements. Council Member Clapp said ii is a little confusing lo her 10 have this on the agenda at this point in time. Or maybe not to have ii on the agenda, but to go forward with that. Because, she stated, they have yet to ddcnnine what they arc going to do with the Project Build funds. Council Member Garrett said he thought that was what this committee was about. Ms. Clapp said that is right. Council Member Habenicht opined that it is l'Qlly critical in terms of what the intent of Project Build was and why this fits in with Project Build. She said she thinks that is l'Qlly important. Council Member Bradshaw asked wbal that means. Ms. Habenicht advilCll thal her point is that Project Build includes this functioa as well and tbcsc funds si-ld be available based on anything that they need to do for economic dcvclopmcnt reuons. She said that is the way she understands it and she doesn't know why it has to be moved and why it can 'I be utiliud for the purpose that it was intended within the fund that its in. Council Member Waggoner suggested Council let City Manager Scars look at that when he is looking al the rest of ii. City iAllorncy Brotzman advised that the reason this was on the agenda tonight, was because they were anticipating that the agreements ~isted above on the agenda, including the Project Build, would pass. That is why it was brought forward tonight. Council Member Bradshaw said if there arc other things they would like to use that money for, then it is not in the General Fund, it would remain in Project Build. She noted that might be why it would be a good thing lo move that if you need the money somewhere dse. Council Member Clapp asked if, they nccdcd the money. could they get into the Project Build fund, without a motion, if they redefined the boundaries. Council Member Garrett said he would guess the question would be if they have to do the transfer. and then they approve ii on a project by project basis anyway, if they could do all that in one evening. Which means they could just move it if they need it. Director Gryglewicz advised that it was his understanding that the Neighborhood and Business Development people would come to Council lo use that money for specific programs, so the money would DOI just be used without Council's permission. Council Mcmbel"'Gurctt said his question 15, if that is the cue, if they don't 111CM money tonight, and somebody comes in and needs SIS,000 ... can they move SIS,000 and approve that particular project all in one evening. That way they do it pieccmcal. if they happen to need to money . Dircctor Gryglcwicz said sure . In other words. Council Member Habenicht said, if they decide they want to do something 10 improve some commercial property or to deal with some commercial property . it would be appropriate 10 move that they would do that and eamwlt Project Build funds for that. Or move the money , Council Member Garrett said. however they need lo physically do that at the time. Council Member Habenicht pointed out that that is how she understood Project Build worked . So, Council Member Waggoner asked. if somebody 1110YCS this and ii docsn 'I get a second, then it dies for lack of a second and then they can bring it up anytime. City Allorncy Brotzman said that is corrcc1 or they may simply want to table this one. the same as they did the others. Council Member Habenicht said she docsn 't know that they want 10 table it . but maybe Just not move it She asked if they could just not move ii. City Attorney Brot7man said yes .. • • 0 , }- • E•gkwood City Council Marclll 2, 1998 Pase 17 . . • • • 1ne l'csolution was assigned a number and read by litle : RESOLUTION NO. 49, SERIES OF 1998 A RESOLUTION FOR 1lfE TRANSFER OF FUNDS FROM nIB PROJECT BUILD FUND, TO 1lfE GENERAL FUND. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (c) (I) • RESOLUTION NO. 49, SERIES OF 1991. Mayor Bums noted. for the record, that he has 10 abslain again, because he is on the Housing Authorily . Council Member Habeaic:bl qillCllioaed that. Mayor Bums advised that he just asked Cily Attorney Brotzman and was told 10 abstain . Mr. Brotzman agreed. Ayes : Nays : .Abslain : Motion defeated. • 12 . Gaaenl DIKUINIII (a) Mayor's Choice Council Members Nabholz. Bradshaw Council Members Garrett . Habenichl. Waggoner. Clapp Mayor Bums I . Mayor Burns advised that he attended the mccling or the northcasl neighborhood al Bishop on the 24• with Ann Nabholz, Gary Scars and Mark Graham. He said he thought it was a constructive IIICCling, lhcrc was a lot of panicipation by the people there and that the Cily is gaining back some goodwill from the neighbors in that area . Mayor Burns congratulated Council Member Nabholz on all the wort she has done on this and all the effort she has put into that. 2. Mayor Bums staled that on the 2,... he appeared with a number of metro mayors at a hearing al the Department or Loclll Affairs on privalC activi1y bonds for housing. that the Metro Mayor's Caucus is lpOIIIOring. He l!Msed they ~ rcqucsling alllout S8 or $9 million for private activily bonds for affordable housing. He notal !Mt a FOCI poniea of thal is fir non-cntillcmcnl cities. like-Englewood, and it is a FOCI program . He COIIIIIICllled that they have comp1e1a1 the affonlablc housing cookbook. which they will be Bdling lbonly. Mayor Bums said that oac of the mayors.. pn,blbly Northglenn Mayor Don Parsons. will come down and make a prclClllalion on that 10 Council . The Metro Mayors ~ asking the various cities 10 adopt this program . He said he thinks ii is a FOCI one. that they worked with Tony Hernandez at HUD. and a variety of lenders. 10 implement this program and it includes rcqucsas 10 cities 10 reduce COSI and fca from other income housing. such as tap fca and various kinds of fees . He commcn1ed thal Mayor Parsons explained to the committee that a moderate income house may COSI as much as 13% of the house , in fca. where an average house may be 7% or 8%. So. he said. ii is a sood program and they will have a presentation on that. 3. Mayor Burns advised that he. and Cily Manager Scars, met with Rcprescntalive Dan Schaefer at his office on Huron and he was very supportive of the Southwest Corridor Light Rail Projccl . He noted they discussed the funding with him and he said he could arrange it if we wanted 10 testify this year before the appropriate House committee on funding . Because, Mayor Burns said, the $47 million requested for that project, by the administration, is just the administration's budget and Congress ultimately puses the budget . Last year, he noted. they dido 'I testify because the lobbyist for RTD said they really didn 'I Med us. He advised they will check that out lo sec if they Med us . He said thal once lhcsc projects SW1 10 be funded , like this one. thal the Congress funds them . Tiicy have heard lhal for 1wo years . He pointed oul ' -----' .. •· • 0 - Eqlewood City Couacil Mardi 2, 1991 Pqell (. • • • the only thing that aJUld damqc that is if the RTD Board, in one of their meetings. ever tried to reject the funds. He commented thal, as they saw today, the Chainnan and Terri Binder were off to Houslon, Texas, with the Clcnenl Manager, to look at small bus operations that he favors, other than light rail . So. he said, the Chair does not favor this light rail line, but they arc monitoring the members down there, to make swc there is no attempt ... and he has been warned to watch ... to reject any of the funding for the Soudnwell Corridor, by this Board. But. Mayor Burns added, he thinks we have some people beginning to vote for us down there, that haven't voted for us before. 4 . Mayor Burns said Council may have seen some publications regarding the selection of the member to n:plaoe Rua Tarvin. wllo ,-eel away . Mayor Wdlb has created a proce11, he said, wbeR ICllllllel arc to be ICIII to the Clerk and Recorder by S:00 p .m . on Moaday. Mardi 9•. From the people wllo lllbmit, he will mab a lCleclioa ID lelW OUl the uacxpinld tam, which a ~ public:alion press rdeae indic:ales is December 31, 2000. He aid he thougbt the pelDI dial lq,lailes Rua Tarvin had to face an election this fall, but 111111 is 11G1 wllal die pras rdeae says. Mayor Bumi 11111ec1 t11111 Mr. Tarvin was a very IIIOllg supporter of the Soudlwelt Corridor and it is very imponant to get somdlody to n:plaoe him who will also be a supporter. (b) 4-CGmacil Member's Choioe (i) Council Member Nabbolz: I . She said she wanted to say thanks to City Manager Sears. Mayor Burns, Bob Moore and Mark Graham for ancnding the meding TIIClday night. Ms. Nabbolz noted that the neighbors arc getting their kttas togelMr to bring before die Planniag and z-ing Commiaion tomonow night. • 2. She adviaed she will llliss next Monday night's Study Session. She thanked Council for the • opportunity to go to Washington. which is where she will be next Monday night. 3. COUNCIL MEMaER NAIIHOLZ MOVED, AND IT WAS SECONDED, TO REQUEST THAT OUR CITY A1TORNIY MOVE FORWARD TO LOOK INTO THI PURCHASI, AT JAJ)l MAlllCET VALUE. or THI GOTHIC THEATER. WHICH IS CURRENTLY IN JORECLOSUR&. .. Council Member Nabbolz act-'edpd dial a loC of people will thiM she is aazy, bul she explained tbat the -she is lllkiDg for this bigjulllp is dial it is -of the tluee .-aiaing bitlorical siles in Eaglewood. She advilml it pa OIi the auclioll block Wednelday, Mardi 4•. She opined we nood to seiu ew:ry apporlllllity, whedler it winds up dial it is aot llnlCturally DIIIIL Bui. she said, she thiMs it would be to die City's benefit to participale in this. Ayes : Council Members Nabbolz. Oamtt, Bradshaw, Habenicht, Clapp. Burns Nays: Council Member Waggoner Motion carried. (ii) Council Member Clapp adviaed she received a phone call from one of her COllllituents. Apparently. Ms . Clapp said, she lives here, owns a business and she has to go through the inlcncc:tion of Danmoutb and Tejon every single day and the tracks arc really had over there . She staled she would like: to "-who is responsible ror maintaining the tracks in that area and if we can ga them to do IOIIICthing about that. ' . . "' -. , • .. \ • • 0 - Enctewood City Council Man:b 2, 1998 Pap:19 • 0 • Council Member Waggoner said he thought he just saw an application for improvements lo those from Public Works. Council Member Habenicht advised ii is in lhe packet . Council Member Clapp said she was sorry, thal she missed 1ha1. City Manager Scars staled they will follow up on 1ha1 . (iii) Council Member Waggoner said he was wailing for City Manager Scars' repon on Cinderella City as he has some questions. (iv) Council Member Habenicht : I . She said she hopes that the request from Public Works, asking for improvements to the Tejon and Dartmouth trad.s, can be enhanced by the fact that we arc getting concerns from cili:zens . She noted lhal perhaps it would be helpful in the request and pan of the testimony. 2 . She adviaed that she ancndcd her first DRCOG meeting and enjoyed it very much. She said she has rcccivcd a copy of a letter informing Jerrell Black that our Safe Summer Youth Outreach Project is a second place winner in the 1998 DRCOG Innovations Awards Program category. public/private partnership. Ms. Habenicht stated she is just really excited aboul 1ha1 and really wanted 10 congra1ula1e our Parks and RCClabOII Dcpatmcnl. (a) City Manager Scars said. just so he was clear. lhal going back 10 lhe issues on lhe Housing Authority, since the issues were l8blcd this evening. thal the anangcmenls we cuncnlly have with the Housing Authority. will stay the same until the issue comes back lo the Council. City Allomey Brotzman advised that was correct . (b) City Manager Scars said. in regard to lhe Englewood Center Project. lhal he doesn 't have a finalized agreement to sign willl lhe panics. He advised they ha,ie been working diligenlly with all aspects to put thal together, but again there arc no hurdles lhat he sees on that and everybody is working closely. Mr. Scars staled they had a very thorough meeting aboul the use ol the puking structure last Tuesday and what types of things could.be saved on the puking structure. Martin/Manin, the engineer. was there and there were a.lot of revdllions aised aboul the different heights of the puking structure and whal different palll of tbal parking llnlelue could or could&'l be saved . So, he opined. that is really being looked at and be "-thcre arc a variety of different merchandisers that arc also being contaclcd by Miller/Kitchell. And they arc working cloacly with Tim Leonard and MariJcc Uller about different tcaalllS that could be there. so lbal can be put together for the May deadline . But of primary concern. Mr. Scars nolcd. arc our discussions wilh David Tryba. who has mcl with the staff, and they have a full ddJric:fing Friday morning to take a look at what can happen with that building. Again. be advised. in prq,aralioa for lbcir meeting OIi March 23"' with City Council, they will go into a full review of the Foley's building and wbelher or not lbal site is the IIIOll appropriate site for the use that we would like to sec happen there . City Manager Scars stated be was open to questions Council members may have about that .. Council Member Waggoner nolcd it said they were going to meet with the Museum of Outdoor Ans February 2s•. He asked if Mr. Scars knows whal came from lhal meeting. City Manager Scars asked Direictor Simpson to talk aboul 1ha1. Director Simpson advised they had a mccting wilh lhe Museum of Outdoor Arts to diswss their continued interest in this site. Council Member Waggoner asked ifCitivenlure had the meeting. Mr. Simpson said thal was correct . They have shown continued interest. he said. and we arc continuing 10 pursue thal. ' . ( •. •· • }- - Englewood City CINlncil Man:11 2, 1998 Pace20 • 0 • trying to determine their level of interest. their needs and their acccptancc of. kind of, the direction we are moving. So it was really more an initial discussion . Council Member Waggoner said he thought they had decided to stay in Greenwood Village. Director Simpson advised that he dido 'I think they have made any decisions yet, that was the conclusion of the meeting with them . Mayor Bums commented that he thought, at one point, they were supposed to have made a decision by Scplcmbcr of last year. Director Simpson advised that they were supposed to have made a decision in 1997, but be docs not believe they have been able to accomplish that. He noted he is not really certain of all the -why, but we are continuing to hold discussions with them . And they, he said. continue to say they have -inlerelt in this site. Mr . Simpson advised that, based on Council's previous direction, they are continuing to bold dilCIISSions . He stated that as they get more infonnation. specific to this potential ICllalll. they will bring those forward to Council . Council Member Waggoner asked if he was talking about some space in the Foley 's building. or. he questioned. is thal a poaibility. Director Simpson advised that at this time they didn ·1 specify detailed numeric requirements. • they did before . tk said he thinks they understand there are some site restraints and some monetary COllllninls on the pan of the City. although those wcren 't n:ally discussed in any great detail . He said he thinks they understand that we would. more than likely . not be able to contribute to the level we had talked about before. But they understand that we have an interest and they also have an interest. He indicated it was a fairly general discussion, to express our interest in having them here , to sec if there is potential for a branch museum. 11ley have expressed interest in that kind of direction. he "' said. and we are continuing to pursue that. He advised there was an indication they have a strong interest in becoming a tier two organization and that would be based on increasing attendance numbers for the museum . To increase those attendance numbers will require a variety of methods to get people in their facilities . Whether it is through branch facilities or additional people through a defined an garden area . which could be on site or not be on site. Director Simpson advised that those are the kinds of things they are seeking and we arc continuing that discussion to sec how they fit. It may be that the site still doesn 't work for them. but, he said, he thinks it is n:ally incumbent upon us to continue that discussion for awhile . Actually, he noted,~ arc having the same discussion with all the other tenants. Council Mcrnbcrflrlldshaw asked how dai• are going . Director SimplOII opined it is going very well , that he is positive, excited and having fun. He said he thinks that we have a IOI of work to do. but he is very hopeful that they will have a modified plan coming back that is going to be financially feasible . He staled he is certain of it. Ms. Bradshaw said that is great and told him to keep up the good work . Council Member Waggoner commented that he DOliccd it said they met with Cliff Weinberger on February 23.,. to begin dialogue . Director Simpson advised that he . and City Manager Scars. met with Mc. Weinberger last week to discuss the talking paper that he submilled to us . He stated they understood that it was DOI a reflection of the EDDA 's position, but rather a single individual . But they felt that Mr . Weinberger held such a significant pan . representing the business community during the CRNA process. that it was really wonh it to find out what his issues were . He Slated they did not change his mind. he still has a IOI of issues about where we are going . But , Mr . Simpson said, that he thinks he has an understanding of why we arc doing these things. He opined that that is okay . So, Council Member Waggoner said. it is just a beginning dialog. He asked if that was what he was saying. Director Simpson Slated that he thinks it is imponant. the City and our City rq,rcsentalivcs, Slay in touch with the business community and the citiz.cnry, as we continue to move forward on this. He said he thinks we have to keep them informed . That he is DOI saying they should n:ally plan on 100"/e acccptancc or agreement . He said he docsn 't think we will ever get there. or ever make everybody happy . ' " - •· • C , ., - l:nclewood City Council Man:11 2, 1998 Pacell • 0 • But, he llalcd, he does think we can find • plan that begins to achieve many of the things Council has set forth• goals. Mr. Simpson commented that he thinks it is very possible for us to get a plan that is very. very good for this community. So. he advised, they are holding those discussions from time to time. letting them know our progress, talking to Harold Celva of EDDA and keeping him informed, we continue to deal with citizens. He said the process with citizens and the business community is going very positively. Council Member Waggoner asked who Kirk Beardsley and Bryan Hinckley are . Director Simpson advised that Kirk Beardsley is the architect rcprcscnting Miller Development. He said he doesn 't know Mr . Hinckley. In rcsponlC to CGuncil Member Waggoner, Director Simpson advised that Tryba Architects is rcprclCllling Miller/Kitchell, fn,m • team standpoint. and is rally looking at the overall site il9Clf. Kirk Beardsley is probably the inner Slaff" of Miller. Mr. Simpson Slated that the three people who have been with Miller from the bcgiMing have been Skip Miller as primary contact. John Loss representing financial concerns and Kirk Beardsley representing the architectural aspec1s. Council Member Waggoner said that, undel: the project schedule for all the meetings they are having, he didn 't see Skip Miller listed there. He asked if he has a representative at those meetings. Director Simpson advised that there is always a representative at every one of his meetings. Council Member Habenicht asked if that is Kirk Beardsley . Mr. Simpson stated that when it is a design related area it is Kirk Beardsley, when it is a financial area it is either Skip Miller or John Loss . But, Council Member Waggoner pointed out. they arc not listed. Mr. Simpson said he does not think he is either, necessarily. He commented that he thinks it is an issue. that there are some people that kind of float in and out, but those people are always aa:epled to those meetings. Council Member Waggoner asked if anybody knows Bryan Hinckley. City Manager Sears noted he thought he attended one of thole meetings, but he couldn 't tell Council if he was structural or what. Director Simpson said he might have been one of the parking people. because they have bad a lot of the parking structure diliCIISSions . Mr. Scars asked if he was with Manin and Manin. Director Simpson agreed that he might be. City Manqcr Scars stated they need to get Marilee Utter to list out who the rcprcscntatives are on thllllonn. So, Council Member Bradshaw uid. they would like a Who's Who on that. Council Mcmbcr Waggoacr aid dlcJ nccdcd something. bccauK he was not fiun.iliu with • lot of thole names . Director Simpson Slated that he would ask Marilee Utter to identify who people atlcnding rcprcscnt . (c) City Manqcr Scars aid we IIICMJd into the facility on Broadway and everything sccms to be worting well II that facility . He asked Director Olson to speak to Council about this. Director OI-advised they are in the facility al South Broadway. that they have everybody moved down there. It is operational and they have bad a lot of people stop in. including people asking for pan-time jobs. because for awhile they thought it was still Standby Personnel and Printers Personnel . But he thought they have solved that issue. 1bcy will be having an open house in maybe two to three weeks, when they have everything settled and they will be making announcements on that and, he advised, there will be I pretty good aniclc in the paper. So. he noted. as of right now it seems to be going very well . Director Olson noted it was a transition for a lot of folks, Nancy Peterson bad to move a lot of things down there and it is I diJrercnt type otricc for her. But, he Slid. they think it going to wort out very well . He Slated I sign would be going up there indicating it is the Dq,annlClll of Safety Services and allO the Englewood Police Community Rcsowte Center. He reiterated it is going real well and they are happy with it . And. he llid. the leasing qcnl and the manager have done I good job for us, the lot has been repaved. striped and the whole thing. 1bcy found out the facility next door is going to be a telemarketing .. •· • 0 , En&lewood City Council March 2, 1998 ••cell '· • • • firm and they will have an average of 35 employees working there during the day. So they arc going to work out an agreement on parting with them so there won't be a problem. Director Olson stated it is up and running and he invited Council to stop clown there anytime. Although, he said, there is no guarantee that somebody will always be there, because they arc out in the street quite a bit. But they will probably be having a part-time police officer filling in clown there, four or five hours a day, so there will normally be a presence at the site. Council Member Habenicht said she was curious to know if that area is landscaped at all. Council Member Nabbolz stated it is concrete, asphalt. Director Olson said no, that there is no landscaping around there at all. 111c only landscaping, he noted, would be next door at Kaiser Pennanente. Ms. Habenicht asked if IOll1Cbow wc oould incorporate, into our use there, what wc arc trying to incorporate with our landscaping ordiDIIIIOC. Council Member Bradshaw pointed out that wc arc a tenant. Ms. Nabbolz adviaed it is all c:ioncrcte, that she tore out the stuff' that oould have been landscaped and poured asphalt and c:ioncrcte . She said it is a IIICS5 and there cannot be any landscaping. Ms . Habenicht stated she bales to sec the City setting a prea:dcnt that wc arc not trying to set. She suggested that maybe wc oould put in tubs. Director Olson noted wc arc only leasing this, wc don't own the property. so wc arc limited as to whal-can do down there. He commented that he docsn 't really know what wc could do down thcre. Council Member Habcnicbt sugested tubs with trees or something. City Manager Sears c:ommenlcld if wc go to a Ieng term basis. wc could build that into a lease agreement. that wc do some lypc of'landscaping, but that wouldn't happen for another year. It is something wc can take a look at when the lease: comes up next year. Council Member Bradshaw thanked Director Olson for everything they do. She said she appreciates it. (d) City Manqcr Sears asked Director Fonda to briefly address the closure of a street '" connecting to Allen Treatment Plant. which he thought Council should be aware of. Director Fonda advised that they have advenised quite a bit and he thought they were going around lo talk to people that they arc aware of'. that are cona:med . Because. he noted. when Windermere and Layton were closed they had to go around anodler direction . Mr. Fonda stated he rccommcnded that wc close Layton for several -and he thought they had put out a communication to Council. II could be a big safety problem. bee.-tllcy will be opening up pipe excavalions and so forth . And going on and off. and on and off. would be coalaing. Then: is a good probability -.ICbody would go around the sign sometime and go into a ditch. In addition. he said. they arc ID limited on space for construction. that they don ·1 have adcquale puking ror the people who will be womng there. They will prubably be on Windermere. he DOied, as they have localCd ~ parting there . But, he pointed out. they don "t even have enough space to stage the construction. Director Fonda explained that wbal that means is -.e would have to go one block north to Tufts and then ID down onto Windcnncre that way . He opined it is DOC a peal inconveniena:, but for a lo( of' good -it would be a good idea to clCIIC this during the period of' construct.ion. He said he thought they had pul the message out to Council. in the papen and it will be coming out in the City paper too . He asked if Council had any questions. Council Member Waggoner asked about the length of time of that closure. Director Fonda advised it will probably be about two ycars ... a year and a half ... somcwhere in there. Referring to a Oyer , Director Fonda commented that ii looks like it was put out by the school , that it is going to happen on March s"' and wc arc involved. He thought maybe tomorrow they oould put out an E- mail out. after they find out. He said he got a bold of Chuck Esterly and he was not aware of exactly whal the project was . Council Member Clapp said thank you. that neither was the school, lhat they asked her. City Manager Sean said it sounds like a gas line or it could be something else with a private vendor. But. . , .. •· • 0 , - • 1:.11ew-City c...u Mardi 2, 19'1 ... 23 -.. . ' • • • be adviled, lllcy will cllect on il Direcror Fonda advilDd they would pt _,..bing OU1 on the E-mail ~- Council Member Bradshaw llaled lllat sbe is not on E-mail It all, that it is dead . City Mana,er Sears adviaed Ille WDUld do a filllow-ap on that tomorrow . 14. City Aataney•, ~ City AllarDcy BnJmaan did • haw any maaen 1o bring before Council. 15 . MJw 111A YOll aUDS MOYD TO ADIOUD. 1be meeriaa ac!ioumed at 9: 13 p.m . .. . . .. - . ; •. • • 0 - . ' " • (, • • t• • March 16, 1998 ENGLEWOOD CITY COUNCIL Regular Meeting ;- . ' • . ' • .. 0