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HomeMy WebLinkAbout1997-06-02 (Regular) Meeting Agenda• ORDINANCE • <. .. REGULAR CITY COUNCIL MEETING J~2, 1997 &co~~v1N ,. / ·~ jK. /· )'1. "'1.:,A4, 45, 46, 47, 48 RESOLUTION I 57, 58, 59, 60, 61, 62, 63, 64, 65 • .. 0 •· • .,---------------------- • • c. ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Rqular Seaioll J•ae2, 1997 I. Call to Onler The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:4S p.m. 2. llmlcatioe The invocation was given by Council Member Wiggins. 3. Plecl&e of Allqiance The Pledge of Allegiance was led by Mayor Bums. 4 . Rell Call Present : Absent: A quorum was present. Council Members Nabholz. Clapp, Wiggins, Habenicht, Vonnittag. Waggoner. Bums None Also present : City Manager Clark City Attorney Brotzman City Clerk Ellis S. Mi.ta Dim:tor Simpaon. Neighborboocl and Busi11C1S Development Neighborhood Community Coontiaalor Graham Dim:tor Oryglewicz. f"aaancial Sffl,iccs Sergeant John Collins. Safely Servica Attorney Semple. Outside C--1 Dim:tor Fonda. Littleton/Englewood WIIICWller Trallnelll Planl Division Chief Lockwood. Safely Servica (a) COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES OF THE REGULAR MEETING OP MAY 19, 1997. Council Member Wiggins indicated he would be abslaining as he did nol receive a copy of the minutes in his packet . Council Member Vonnillag Slated he would abstain from this VO(e as he was not at that meeting . Ayes : Nays : Abstain : Motion carried . Council Memben Nabholz. Habenicht. Waggoner, Clapp, Bums None Council Members Vonniltag. Wiggins .. •· 0 1 32xl ) • -~------------------------------------ Engkwood City Council June 2, 1997 Pagel 6. Scheduled Villiton 0 I• • (a) Baro Hainer, owner of Dillon Street Car Company at 4169 South Broadway. stated she is speaking tonight on behalf of the used car dealers of South Broadway. She noted there arc eleven of them present this nening. Ms. Hainer said they arc here to thank the City and the Office of Neighborhood and Business Development for their spirit of cooperation and recognition of the impo,tancc of their industry to the vitality and strength of the South Broadway corridor. She COIIUIICllled that Council has in their packet a copy of letter 11:11t by Muk Graham, of the Neighborhood and Business Dewlopment Office, to Brian Cook, owner of B .C. Autos. Ms. Hainer advised that Mr. Cook could DOI be here tonight due to a death in the family . She DOied she wanted to take a few minutes to review portions of that letter that she, and her fellow dealers, believe demonstrates the City's willingness to develop a true wodting pannership with the used car business community. She noted the first paragraph states that the City of Englewood IICICS auto dealers as pan of the solution for re-invigorating South Broadway. and they agree. And she advised, they look forward lo working with the City 10 make Broadway an even better place to sell cars. Ms. Hainer Slated they were pleased 10 read in the second paragraph that the City staff and Planning Commission disaassed the impo,tancc of their industly to the overall health of South Broadway. Ms. Hainer read directly from the letter that "over 800 Englewood jobs ranging widely in skill level and compensation arc based on auto sales and auto related businesses. 1be mulli-tnillion dollar annual payroll generated from the auto industry re-circulates throughout the local housing. retail and service economy." Ms. Hainer staled that they appreciate the recognition of the positive economic impacts that their industry has in this community and they believe, by forming a cooperative alliance with the City, that the econotnic benefits to Englewood will only increase. She said that. as staled in the third paragraph of the first page, they arc comfoned to know that the City staff is DOI working on anything that would change the legal status of auto uses and that the plan proposes celebrating auto. Ms. Hainer DOied that on the second page of the letter, the third paragraph, ii stales that "because almost one third of the land along South Broadway is devoted lo auto sales and related uses, the biggest opponunity wc (lhe City) have identified is to develop programs for improving the physical appearance of the street in conjunction with businesses." She pointed out that it also Slates lhal the City "will identify funding mechanisms to participate in improvements to realize the district conceptS clescribed in the South Broadway Action Plan." Ms. Hainer staled that the City's endeavor lo find funding oplions to facilitalc improvements is a tangible effort which demonstrates the City's delermination and dedication to work with the South Broadway business community. She noted the very last paragraph 5lalCS a very IOUDd conclusion that '1he stlllCgy for used car dealers to date is to encourage dealers to gel together and develop standards for sile impn,vemenlS that meet the common goal of enhancing South Broadway and other sales and IICCUl'ity needs for car dealers. We (the City) believe that it 's possible to do that." In conclusion she said, they would like to say that as used car dealers they also believe that with a common goal and continued working relationship with the City that they can work to improve the image of South Broadway. She advilcd that they have agreed to form an association with all of the used car dealers which will work in conjunction with City officials to accomplish this common goal . Ms. Hainer said they encourage the City to continue to look for pro-active and positive ways to work with all of the businesses along the South Broadway corridor. (b) Mike Gruninger, Prcsidc111 of the Englewood Fire Fighters Association and the Secretary of the Fircfighter's Pension Board . DOied that Council Bill No. 40 is before Council again. He said he would not take a IOI of time to discuss the issues, but that one of'the things he did want to tell Council is that in 1993 this ordinance. that wc currently have. was discuucd at length. It took over two years and seven revisions lo come to the ordinance we currently have today. through all the legal actions and everything, and then all of a sudden the staff decided for 10111C unknown -that the funding wasn't correct or something. Mr. Gruninger said they ask that Council table this manct becauK they have presenled this in negotiations and they feel that the only way to property lake care of' this pn,blem is to put ii in their contract . He advised that is where it currently 5lands today . He said he docs not want to •· 0 • -~------------------------------ Englewood City Council June 2, 1997 Pagel 0 , . • go into a lot of detail, because ii is in negotiations. So. he reiterated. they just ask that Council please table this until after negotiations. (c) Vicki l..allimcr, from Pawn Bank al 281S South Broadway, staled that she wanted lo talk to Council about the licensing ordinance 1ha1 is on the agenda tonight . She said she knows 1ha1 the zoning comes up later. She advised. there is one panicular issue in ii that she is concerned with, lhal she thinks most of ii is just a renewal of what is already on the books . But, she noted, there was a paragraph added that would require that they fingerprint customers when they come in for pawns and loans. She stated she is just concerned with that because, she opined. ii is son of focused on kind of a negative stigma and there is such a very, very small percentage of the business they do thal actually has any police activity on ii. Statistically, she said, she opened her store almost two years ago, in July of I 995, and she has done approximately 9,000 pawn tickets. Of those, 2S were picked up by the police as items that were stolen. Percentage wise. she noted. ii is three tenths of one percent. She said she thinks that is pretty standard throughout all of the other stores on Broadway. She staled, if ii were an issue where there were lots and lots of items thal were stolen and this fingerprinting would help the police 10 get more convictions, that she obviously would not, for one minute. want 10 stand in the way of that. Bui. she pointed out. ii is such a very, very small amount and she is just afraid of the negative side of it as far as her customers are concerned. She noted lhal obviously affects her business. Ms. l..allimer noted lhal so1ne times when you go to a pawnshop you are maybe a linle concerned anyway, because ii may not be your proudest moment. She opined 1ha1 if you are struggling lo get from one payday lo the next, and you need lo pawn something to gel you through, to have to go through a process and be fingerprinted is going to make you feel bad. And, she said, she would guess 1ha1 translates 10 the fact that ii will be bad for her business, because if they have a choice of going 10 a store where they don ·1 have that and where they do, she feels they are going lo go somewhere else. She reiterated thal ii is such a very, very small amount, lhal the negative side outweighs the positives. Ms. l..allimer requested 1ha1 Council consider not including that in the ordinance until another time. (d) Bren Kaufman. representing U.S . Pawn al S030 South Broadway. noted his discussion revolves around 1he same issues Ms. l..allimer just discussed. He submincd infonnation to Council which stales what is currently being provided 10 the local law enforcement agencies so they can dclennine the true ownership of goods that are pawned in Englewood and throughout the metro area. Mr . Kaufman acknowledged that those in the pawn industry recogniu that they have a pcrceplion problem with the public. He noted they try very diligently to change 1ha1 perception. that they make their saora brighter. cleaner and be as professional as they can be witb their cusaomcrs and with the public. He llllled they are not oppolell in any form or fashion to any oversight by the local authorities in terms of whal they take in. The fiBI handout, he noled, is their police form. They provide that to the Englewood Police Deputment on a weekly basis for every item that they take inlo pawn . Not every loan. but every specific item. He staled it specifies on the form. IIOI only the make. model, manufac:luru ICrial number. all the basic information one would need to know about a panicular product. but it gives a complete documentation of the person lhal pawns ii , the item . II is known as an ownership stalemenl. because he pointed out. they stale and sign on this fonn. 1ha1 they have owned this product. that they did not find ii o, steal ii. bul they own it. This. he advised. is the documenl the police department uses to pnllCCUIC those few C111CS that do occur. He staled the fingerprinting issue, relative to lhis panicular ordinance, does not enhance 1he public's ability, the people of Englewood and lhe surrounding communities, to get their merchandise back . If, in the event an item is pawned at any of the pawnshops in Englewood and the police department finds it is stolen, I hey have the righl to pick up I hat merchandise and return it to the original owner, with or withoul fingerprinting. Mr. Kaufman staled that the only people who truly benefit from the iaue of fingerprinting will be the police depanmenl. as it gives them IOIIIC exua evidence. it makes their cues a little easier to prosecute and lhe pawnshops benefit because the IIIOIC cases they can proeec:ute the IIIOIC likely they are lo recover their loss on any ilem lhat has been picked . Bcc:aule. he advised, they do not charge: the original owner for this merchandise. they lake lhe km. He noted 1hal in U. S . Pawn 's cue last ' • •· , ---------------------------.,--------------------------------- • Enckwood City Council Juae 2, 1997 Pace4 0 I• • year they did something in the neighborhood of$700,000 in loans and of that dollar figwc $1 ,300 was confiscated. He pointed out that is something less than two tenths of one percent. We in the industry and in the community feel that if there was truly a problem in terms of theft or things of that nature or that the pawnshops were a source of vast quantities of stolen men:handise, then cenainly the fingerprinting issue would be viable. But they do not feel they should be pulling upon their customers one more regulation, one more thing that they must be required io do in order to borrow the money . He stated there is no benefit to the customers, that there is some benefit to the pawnshops and the police department, but it is so minute, relative to the volume of business they do, that they feel that particular item in the ordinance should be taken away . (a) Bill Young, a member of the Englewood Fire Department and the Old Hire Firefighter's Pension Board. asked Council's indulgence in his request for a delay in the second reading of Council Bill No. 40. He advised the reason is that they. as members of the Pension Board, feel there are more complex issues involved than what is notioc:ablc on the surface of this ordinance. He noted that among those are concerns about funding. adminisUation, eligibility for this benefit. With that in mind. he stated. they met with the City's Finance Director on May 13"' and in the discussion that followed they all agreed that perhaps ii was best that this be delayed until their Pension Board meeting on June t t"' where it would ooviously be discussed. He again asked, with that in mind and as the governing body of the Pension Board is the body charged with the implementation and administration of these changes. that Council delay the second reading of Council Bill No. 40 until such time as they can discuss it at their Pension Board meeting. Council Member Wiggins noted that Mr. Jay Seay came and spoke before Council a couple of weeks ago and said he was going to bring them some material . Mr. Wiggins asked if Mr. Seay gave anything to Mr. Young, or any other member of the Fire Depanment, to bring to Council . Mr. Young advised that they discussed that with the Finance Director 011 May 13"' and Mr. Young and Mr. Seay felt they would formulate this within the structure of the Pension Board. So, Council Member Wiggins said. Mr. Seay was not speaking for the group as a whole. just individually. Mr. Young stated that Mr . Seay was speaking for them as a whole. that they discussed it before he appean,d before Council . Mr. Young advised he was out of town at that time. So. Council Member Wiggins commented, Mr. Seay would not be bringing anything 10 Council for them to look at. that ii will be before the Pension Board . Mr. Young advised that they would not be submitting anything to Council until the Pension Board can fonnally discuss it and present ii to Council as a final product. so that Council can be assured of what their feelings are. (b) Ron Gold stated he has been an Englewood ~rand business owner since 1976. He noted that Cheny Creek, Lodo and south metro are booming. Quoting from figures provided by the South Metro Chamber of Commerce. he pointed out. that. since 1993, Glendale sales tax is up 61'1o. Greenwood Village is up 96% and Littleton is up 46'10. He noted Englewood and Sheridan were the only ones declining and also the only places with growth in day labor and pawnshops . Mr. Gold stated that Englewood now has the most pawnshops per capita of the whole State of Colorado. More than Cherry Creek. Glendale. Greenwood Village, Littleton and Highlands Ranch combined. What others don't want. Entlcwood gets. Successful places. he noted, and hopefully Englewood. restrict pawns and day labor halls. He commented that two pawn employees wrote letters in the Englewood Herald. including the CEO ofE-Z Pawn . This CEO. he noted. is a Teus executive of 250 pawnshops with $174 million annual revenue, yet he actually claimed to "help the less fonunate ." His own report read of a 214% annual loan yield. Mr. Gold commented that 214% is ten times more lhan credit cards or banks . He said thal $10.000 rc1ums $31.000 in one )'CU, in '"'O years $100,000. yet he claims -.-wn is not usurious." Mr. Gold Ulcd thal Mother Teresa would k-that helping the less fonunate hardly enjoys such exorbitant and lpCIDdy .... •. •· 0 '32xl • En&lewood City Council June 1, 1997 Pace 5 • • • profits. He nolcd the minimum pawn interest rate is I 0-.4 per month, but actual rates arc actually much, much higher. Mr. Gold stated that the fact that pawnshops have more M:ll)Ons than police is irrefutable. Both pawn employees, he said. ignored this. Weapons, rifles, shotguns, pistols, knives and more arc pawns' most numerous item. The first pawn shop employee, he nolcd. admitted to Englewood 's decline. but ignored any reasons. Once South Broadway was a prosperous, booming area. Now, you will sec day labor halls next to pawnshops. next to bars and next to liquor stores. which discourages many from shopping and living in Englewood. Police have Rponed that all Englewood pawnshops have been caught fencing stolen goods. Realize, he said. that most stolen ilCmS can't and won't be rccoverc:d, because there arc no serial numbers, that is a CD, a tool, a wrench, a hammer, whatever. has no serial number on it. So, he commented, even if police know who stoic it, it can't be and won't be rccovercd . Mr. Gold stated that a master pawnbroker and writer provides the best evidence of pawn's destruction. P . Fletcher, be said. started me pawnshops and brags of 150% pnifit, S50,000 on a Sl0,000 investment in just one year. Mr. Gold quoted from the 1993 Pawnbroker's Operations Manual : wPawn cmpkJ),,cs have few promotions, no benefits. and absolutely no chance of career advancement. Who borrows money in pawnshops? Junkies, prostitutes, dope dealers, thieves. derelicts, depraved, welfare recipients. When a pawn opens, the local indigent comes first . The pawnbroker has S25 in an item selling for S125. Being located next to a liquor store would be ideal . Pawnbrokers don 't care what the community thinks. The more negative feelings toward his store. the happier he is because he knows there'll be 1nore resistance to new pawns being allowed. Poor areas welcome any tax base revenue . They wouldn 't care if the pawnshop was painted green and offered a tattoo parlor and questionable massage parlor. The majority of pawnbrokers were pushed to seedier areas of town. Weapons left dents in our safes and bullet holes in the ceiling. A pawnbroker can cut business in half not dealing in firearms. To be successful, handle fircanns. Tools. like all merchandise, are taken in at ten cents on the dollar. Chances arc excellent a musical instrument is stolen." Fonunately, Mr. Gold noted, the Planning Commission voted unanimously to rezone day labor. The pawn section was rewritten to get the approval of pawn lawyers and owners. The vote. he said. was split on pawnshops. Mr. Gold stated that Mark Graham later told him privately that the vote might have changed if they had had some of this infonnationjust presented. Mr. Gold stated that for Englewood's neighborhoods, gnn.1h and prosperity. the original Broadway Action Plan must be approved rezoning day labor and pawnshops to industrial areas. Mr. Gold submitted written information to Council, which be identified as statistics/facts from the South Metro Chamber of Commeroe. the sccood page being basically what he said and the last page is from a pawn company 's annual report . • • • • • Director Simpson advised that there may be people who want to speak on issues rdalcd to the public hearings tonight on the pawnbroker ordinance for z:oning and the temporary employment ICIVice ordinance. He pointed out that it is n:ally appropriate for Council to lake dial ICllimoay during thole public hearing times, to consider it fully during that time. Hearing clilcussioll II this point, he said. doesn 't really go towards establishing the record that they need . He said he jusl wanted to let this straight . Mayor Burns said he was glad Mr. Simpson brought this up . He explained that Council will have public hearings on the issue of tbe pawnshops and day labor. He advillcd that anyone who wants to speak officially needs to speak at the public hearing. He noted if they speak as a non-tebeduled visitor, Council is happy to listen to what they say. but they arc not offlCially on the nx:ord of the public hearing . He said he just wanted everyone to understand that . ••••• (C) Gilben Stark. J 161 South Broadway. stated he has lived there for 20 years. that be 11111 more property in the City and his siSler-in-law has a lot of property ia the City of Englewood . He said he .. •· • En&lewood City CCN1ncil June 2, 1997 Pa&e6 • 0 , . • was here to discuss a vacanl IOI next door to his father-in-law thal he has been trying 10 get the Cily lo clean up for five years. He staled he lalked 10 Joyce and Larry and they gave him lhe brush off and he is tired of ii. He said he wants something done. 1ha1 his father-in-law is 84 years old and lives next door 10 ii and now they have lo get him a mask because the mildew smell comes over lo his place. He cannot go outside and sil on the porch or enjoy anything outside because of lhe smell. He advised lhal he called Council Member Nabholz today and she has taken piClures of the IOI in question. He wanled 10 know if he could ask Ms . Nabholz for some of those piClures lo show lo Council and ask lhcm if lhcy would like 10 live next 10 that He said there are dead mice lhere. In response to Council Member Vonniltag, Mr. Stark advised the loC is localed at 2840 South Shennan Street. Mr. Stark noted the owners came over and trimmed some trees in 1996 and thal is the last time Ibey have been over there in five years. He stated he has been talking to Joyce for five years and he has not gOllen anything done. He commented thal there are dead mice and birds in the loe . People come by and dump everything in there, because Ibey see trash laying along the embankments so they dump lhere Sluffthere. Mr. Stark stated he is gelling lired of cleaning all lhat oul. Council Member Nabholz advised lhat Mr. Stark called her lhis morning about this properly and she went and look a look al ii. She opined 1ha1 ii is in prelly bad shape and she look so1ne polaroid piClures. Ms. Nabholz Slated 1ha1 she was going to bring this discussion up under Council Member's Choice if that is acceptable. Mayor Bums said sure. 1ha1 lhal was really lhe appropriate place 10 do ii . He advised Mr. Stark 1ha1 Council Member Nabholz will bring lhis up under Council Member's Choice. Mr. Stark asked that in lhe meanli1ne Council please think aboul ii. if Ibey would like lo live lhal close lo somelhing like lhal. *. * •• Mayor Bums noted 1ha1 Libbie Gollschalk and Julia Sc011 signed up lo speak on day labor. He pointed oul Council will be conduCling a public hearing on day labor. He asked when Ibey wished to speak. Ms . Gollschalk said ii was their understanding lhal lhe public hearing was June 2nd which is why they are here. Mayor Bums Slalcd 1ha1 Ibey are not in lhe public hearing now. The public hearing will be called after. lhal lhis is lhc roster for people who just wanl lo come up and speak on anything. Ms. Gottschalk staled they do have a ICller lhcy would like for Council lo have. thal Ibey wanl 10 read and they will also speak al lhc public hearing. But. she said. as long as Ibey have this opponunily lhey would like to have themselves heard. Mayor Bums staled lhal jUSI so lhey understand lhal lhey are not on lhc record for lhc public hearing if they wanl 10 speak now. Ms. Gollschalk said site understands. (d) Libbie Gottschalk. 2904 Sou1h Granl Street and Julia Scott, 2914 South Grant SCrcct, introduced lhcmsclves. Ms . ScOlt advised lhal she has been a residcnl in Englewood since 1977. Ms. Gottschalk read from their letter. which was signed by Libbie Gottschalk. Julia L . Sc011 and William L . Sc011 . "II is our understanding 1ha1 1he locations of Stand-By Personnel and Printers Personnel at Broadway and Bales and Pcakload Services al 27S6 South Broadway are contrary 10 cily ordinance and therefore illegal . II is our funher understanding 1ha1 during 1hc time Stand-By and Printers have occupied lhis corner. and Pcakload lwo blocks funher nonh on Broadway. you have received endless complaints from the residential neighbors centering largely on health and safely issues. Specific complaints we have heard made 10 you or which have been wilncsscd by our family , neighbors, or ourselves have been lhal clien1ele of lhcse comp.1nies break into and enter garages and backyards, lhal Ibey urinate, defecate, and vomil in public areas such as streets. alleys and parks. Bales-Logan specifically, tha1 drunk and disorderly persons wander neighborhood Slrects after leaving these CSlablishments wilh pay used for alcoholic beverages or drugs. and 1ha1 liHer and debris increase exponentially in lhc summer monlhs. You conlemplaled allowing an additional 120 days lo Stand-By's illegal, dangerous. and noxious presence and according lo lhc media, appropriately denied them 1ha1 continuance. We hcanily applaud thal clccilion. Therefore. ii is beyond our understanding 1ha1 Stand-By now has notices on i1s door indicating thal they • .... I· 0 • Englewood City Council June 2, 1997 Page7 • 0 • are continuing to function out of that location by a thrice-daily van pickup of their clientele. According to these notices, their mail is delivered next door to Printers Personnel; and Stand-By "will not let the City of Englewood prevent you, their clientele, from working and paying your bills." In other words, denial of the continuance was apparently without any effect whatsoever, except the removal of office furniture. Consequences to the neighborhood remain precisely the same. In addition, these notices state that Stand- By is seeking a new location "nearby." It is confusing to see in the media tbat continuance was denied and then see the business persiSI in its operations brazenly and conspicuously in the same locale. What exactly does denying this continuance to Stand-By mean? A closely related issue of equal concern to the neighborhood is the presence of businesses like pawn shops. exotic lingerie. check cashing, X-rated videos, an overabundance of liquor saorcs, any and all of those entities that degrade the City of Englewood and support or encourage drugs, crime, and other behaviors incongruent with familial interests. The unfortunate exiSlence of this type of commerce encourages additional like businesses to view our city as a potential location. What is the motivation to allow these businesses to locate here? Arc these tax revenues worth the price in quality of life for our families? Please inform us what dirc:ct.ion this City Council intends to pursue for the City of Englewood with regard to Stand-By Personnel in particular and these other entities in general . Is it the future of South Broadway to become another Easa Colfax?" (e) Harry Lester. owner of Harry 's Specialty Cars at 3247 South Broadway. stated he is not a resident of Englewood. but he has been in business on Sout11 Broadway for I II years. He pointed out he has paid property taxes the whole Ill years. He said he would like to address the Gothic Theater. which is right next door to his business. Mr. Lester commented that if he left his business the way the Gothic is left he would not have a cusaomcr walk on it . He opined that it was a total disgrace. He said he would build a city part if the City would tear it down. at his expense. not at tax'J)3yer's expense. Mr. Lester said he is not up here talking about other people spending evcl)i,ody else's money . He Slated he will go in his pocket and build a city part there. if the City will do something with that building. He noted that transients live in it , the weeds arc two feet high on the sidewalk right on Broadway, the sign is busied and windows are buSled. Mr. Lester noted that he landscaped a little bit of his lot. that he did it in front of his office juSI so he wouldn't have to look at the side of the building. He said he has been in touch with the people in the City and told them if they will tell the owners he will paint the building if they will allow him to do it . He's IIC\'Cr heard anything and he opined that the City should address this more than trying to run other businesses. tha t arc making a living. out,of the neighborhood. Mr. Lester said he 'l'i ll certainly do an)thing he can and. if he can do anything to help. please feel free to call on him. Council Member Wiggins said. "that is a man after my own heart ... (f) Bill Cla)11111. 9S8 East Cornell Avenue. noted he has lived in Englewood almoa SO yean, thal he grew up in the neighborhood over by South Cherokee in the 2800 block and bis liullily owns property in that neighbof11ood -. He said he juSI wanted to tell Council bow excited lie is thal all of the problems in that neighbof11ood arc going to go away when Stand-By goes away . However. Mr . Clayton noted. that it seems to him that those problems were there before Stand-By got there. He recalled Ille Horton family and commented that he didn't think Sland-By brought them in . And. he noted. as he drives through that neighborhood . he saill secs a varied selection of junk cars, trashed out yards and he did not think those are all tenant occupied. Mr. Clayton reiterated that he is thankful that all of these problems are going to go away when 'l''C pul these businesses out of business. Because. he Slated, even though he lives ten blocks from Broadway. he found a spent 32 caliber slug in his backyard laSI week. ii ricocheted off of something. And, he advised. his house has been broken inlo and his neighbors houses have been burglarized. Mr. Clayton com111Cnted that they kind of know who ii is. they have a a>uple of jll\'Cnile delinquents that live a a>uple houses down from them. He opined they don ·1 work for Stand-By, that they steal . Again. he said. he is glad all of these problems are going to go away when we get rid of these businesses. He wanted to know how we are going to get rid of these problems just by putting these businesses out of business. Mr. Clayton said he noticed he got his tax bill the other day and he llaled that they a,c pretty lucky in Englewood. He noted that for a house worth S 100,000 the City taxes arc about .. I· ----------------------~. • • • Encte,,Jood City Council J11ae 2, 1997 Pa,:el $60.00. Mr. Clayton acknowledged that everyone looks at their taxes and says ~gosh. it is a lot more than that." He agreed that it is, but most of that is school tax. He pointed out that a business worth $100,000 pays out about $3,000 a year in taxes. Mr. Clayton said he was sure they know this, but they would discover, if they look at the tax rolls in Englewood. that businesses pay most of the property taxes in Englewood. He stated we all know the powerful engine that has clri~n Englewood's growth and prosperity was not South Broadway, it was Cinderella City. Mr. Clayton pointed out that we ha~ watched it sit vacant while Cherry Creek Shopping Center has been redeveloped. Parl Meadows has been conceived and built and it looks like University Hills will have been tom clown and rebuilt while we look out the window at this vacant white elephant. He urged Council to get that thing going and to consider that ifwc ~ zoning problems, or illegal actions that arc taking place, we should wort on them . We should wort on code enforcement. He said he would like to sec IOIIIC of the owner occupied properties in his neighborhood improw,d. He would like to sec the guy acroa the comer from him. on a.n-and Cornell. bike the urinal off the front of his house and the guy al Grant and Eastman. who is an owner. put a new roof on and clean all of the trash out of his backyard. Mr. Clayton llaled that he owns a piece of property in the 2700 block of South Delaware that he would love to cbclop. But. he said. the City won't enforce the codes and so the houses around it arc trashed and full of junk cars. So. he maintained, now that these businesses arc gone, we won't have anybody to blame but ourselves. the people in our neighborhood. and it is time we staned working on those problems. 8 . Communications, Proclamations and Appointmaits (a) A proclamation honoring Bishop Elementary School's Student Readers was considered. Mayor Bums asked the City Clerk to read the proclamation in its entirety. COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, TO APPROVE THI. PROCLAMATION HONORING BISHOP I.LI.MI.NTARV SCHOOL'S STUDENT RI.ADI.RS AND THIE "STUDIENTS IN ACTION READING INCI.NTIVIE PROGRAM." Ayes : Council Members Nabholz, Vorrnittag. Wiggins, Habenicht. Waggoner. Clapp. Bums Nays: None Motion carried. Mayor Bums presented the proclamation to Gary Price. the principal of Bishop Elcmcntary School . ~ students joined Mr. Price al the podium . Mr. Price Slalcd they arc \'Cry. \'CfY please to have several of their ou&slallding readers pacnl dais C\'elling. As wdl as die per-. belaind the IICCIIC who CIOOftlilllllCS their program. Mrs. Anita Bofto1111. As ......,icJeed he said. this has been a \'Cf)' sua:a6I program for them . Basically, this year. they have read 11.9'°-.-,es. havc had 100% participllioa and 72% of their student body has been awarded a c:iertificalc dill indicalcs they have rad 20 or more books. Mr. Price stated they have outunding readers from all grade levels. He advised that they had onc outstanding reader present this evening and he has read 417 books this year . So. Mr. Price stated, they arc ~ry. very pleased and he thanked Mayor Burns for acknowledging their school before City Council. Mayor Bums offered his congratulations. Mayor Bums noted that he had attended an assembly a few weeks ago. al Bishop Elementary School, on the reading program . He thanked Council Member Nabholz for inviting him. He commented that he is an honorary member of the Rotary Oub which is ~ active in this area . Ma)W Burm ltaled they really have a wonderful reading program and they ue really to be c:ongralulllled for this prognua, that it is really rather excq,lional. (b) A proclamation declaring the June. 1997 as Rcc:ycliDI Moalh was coasidaed . • .------------------------------------, • • ... En&lewood City Council June 2, 1997 Page9 Council Member Waggoner asked the City Clerk to read the proclamation in its entirety . COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO PROCLAIM THE MONTH OF JUNE, 1997 AS COLORADO RECYCLING MONTH IN THE CITY OF ENGLEWOOD. Motion carried. (C) considered . Ayes : Nays : Council Members Nabholz, Vonnittag, Wiggins, Habenicht. Waggoner, Clapp, Burns None A proclamation declaring June 7 through 14, 1997 as Homeownership Week was COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO DECLARE THE WEEK OF JUNE 7 THROUGH 14, 1997 AS HOMEOWNERSHIP WEEK IN THE CITY OF ENGLEWOOD. Ayes : Nays: Motion carried. Council Members Nabholz, Vormittag, Wiggins, Habenicht, Waggoner, Clapp, Burns None Mayor Burns DOied that this proclamation refers to the Housing Authority throughout. He commented that the Housing Authority is nol the only place where we promoce homeownership, that they plan to further develop a homeownership plan in Englewood and especially an affordable housing program . At the Metro Mayor 's Caucus on Friday of last week they met and discussed homeownership issues which are becoming a real problem for some of the communities around the area . He noced they have a number of employees of various types in our industries and businesses who arc really struggling to afford the kind of housing costs that we are incurring now . The Metro Mayor 's Caucus is promocing a cook book approach to this, to have a list of various ways that people can approach affordable housing and homeownership. He said he would cenainly like to promoce that in the City of Englewood as well . Mayor Bums stated he is glad that Council has adopted this Hot-rship Week Proclamation . 9. hltlk Heari111 (a) COUNCIL MEMHR WIGGINS MOVED, AND IT WAS SECONDED, TO OPEN THE puauc HEARING TO GATHER Cl11DN INPIIT ON AN AMENDMENT TO TIR COMPREHENSIVE ZONING ORDINANCE REGARDING PAWN AND AUTO PAWN ZONING. Ayes : Council Members Nabllolz. Vonniaag, Wigins. Habeniclll, Waggoner, Clapp. Burns Nays : None Motion carried and the public bearing opened. All testimony was given under oath. Neighborhood Community Coonlinalor Graham staled that staff identified Council goals of quality ol life, which -rcvicwcd in the Soulh Broadway Action Plan proa:ss which occuned over the lall year . He Slid lllcy beJieYe tllis p,upcml addn:aes tbe iaa tlul wen: railed in tbe South Broadway actioa plM. rdalcd IO die bdief. which I lot ol tbe n:sidenu have , that pawns are concentnling aloag Bniadway . He 111\iled thal tllis proposal very simply does two things. By distancing pnns. it limits tbe IOlal mlllller ol pn111 thal can locale in Englewood and it ~s a concentra&ion . Mr. Graham adviled dull tllis .. • . • •· 0 , -----------~------,· • E•&lewood City Council June 2, 1997 Pace 10 .. • I • • strategy was one of several considered over the last year. 111c alternatives that were oonsidered, he said. were to eliminate pawnshops in the B-2 mning. establish a period for businesses to relocate or establish distancing requirements between pawnshops. Mr. Graham advised that staff met with oommunity llakebolclers. including residents and businesses. and they believe this solution of distancing them is the best solution and they will be recommending that Council approve this recommendation. In response to Council Member Vorrnittag. Mr. Graham advised that the distance between pawnshops, right now, is 1,000 feet. Mr. Vorrnittag asked where that is in the ordinance, bc:cause the old one had 2.000 feet highlighted and they ga\'C them a new number. Council Member Waggoner stated that 13-{A) (I) says 2,000 feet on page 4 . Mr. Graham advised that the original proposal was to use an adult uses type distancing proposal and that was the 1.000 feet . Council Member Vormittag asked how they came up with the 2,000 feet . Mr. Graham advised that it was \'Cl)' simply. administratively. very much like the adult use ordinance. He said they were modeling after WMDdbing tbal we already have on the books, so that it was easy to implement the a>dc enfon::ement. Council Melllber Vormittag asked if it was his recommendation or the findings of Planning and 1.oning. He asked who came up with the 2,000 feet . Mr. Graham stated that the 2.000 feet was part of the information that they presented to the Planning and Zoning Commission. He noted various distances were discussed. that other cities use both larger and smaller distances, that use distancing regulations al all. He said it is his understanding that Aurora may use a mile between pawnshops and some other mc:chanisms are used in cities such as limiting pawns by number of population. rather than using distancing as a strategy. Obviously. he a>mmented. if you increase the distance you reduce the limit of the tOlal number of pawnshops that are permitted. Council Member Vormittag asked if these would all be grandfathered in. Mr. Graham stated their recommendation is that the existing pawnshops be grandfathered in, using the nonconforming use provisions that are already in the ordinance. He explained that if they would cease to exist for 180 days then they could not be reopened. unless they were in conformance with the new ordinance. Otherwise, he noted, they could be sold and transferred in ownenhip in Olher ways . Once they close for six months then they need to find a new location if their current location is non-conforming. Council Member Habenicht asked if this considers, at all, off' premises kinds of things. She said she knows this was an issue we've had in the past, with other kinds of businesses having separate premises. Mr. Graham stated that the list of locations in the handout is our understanding of all of the currendy licensed locations for pawnshops. He advised that lhese calc:ulations were to determine how many pawnshops would be aff'ccted by the distancing requirements. Mr. Graham pointed out that if the location is not shown here then they are not awa,c if ii as an existing location and ii would need to be addn:ssed . Mayor Bums asked. given the number and localion of the p,acnt pawnshapl. wlull aff'cct the 2.000 feet between premises has on the ability to mrt a -one . Mr. Graham advised lhcre an: mmc localions that mmc of thele pawnshops oould locale into or a ncw lhap oould loc:alC into if tllclC have not already taken their place. But basically. he noted, when it all axts out. lhcre will be room for cighl pawn liCClllel on Broadway. So. for instance. there are other localioas in the City where a busillCII oould locale such as Fcdcral . Tiiere are no licenses near it now. he said. so a shop coald open up business now and then the next business would have 10 locate 2.000 feet from that . Mr. Graham said be believes there is a location on the south end of Broadway where there is more than 2,000 feet from the ncaua1 pawnshop, but most of the land is used there for new car dealerships and there really isn '1 an obvious opponunity for a pawnshop there. Council Member Habenich1 asked if this zoning ordinance puts any busillCII out of business . Mr. Graham stated their recommendation is to grandflllher exi•ing busincacs ud IO it would not have the effect of pulling any busincues out of business . .. •· ----------------, . • • • En&tewoocl City Council Jnael, 1997 ..... • • Council Member Habenicht asked if this onlinana: precludes any business if they sell and arc not within that. or if they go out of business. can they continue as they arc or docs change of owncnhip kick in a different zoning requirement. Mr. Graham explained that the non~nforming use provisions in the ontinana:, as arc used elsewhere in the onlinana:, provide that ona: it is closed for 180 clays the only way it can reopen is in conformana:. So, he said, the question depends entirely upon whether or not the business closes longer than 180 clays and whether or not there arc businesses within 2,000 feet of that location. whcthcr or not a business could ~n there. So, Ms . Habenicht asked, if somebody is closer than 2,000 feet to a pawn business that they arc in currently and they should decide to sell their business, if they sell it 10 another pawn business. even though they are as close as 1,000 feet to another pawn business, they could still do that . Mr. Graham advised lbll thal would be permitted under dais recommendation . Mayor Burns asked how many pawn busi-there are -alollg South Broadway. Mr. Graham said there arc twel\'C listed on page four. Council Member Vonninag asked if that includes auto pawns or is ii just pawnbrokers. Mr. Graham advised that ii includes auto pawns. in some cases businesses arc licenlcd forbolh. Mr. Graham submitted, for the reconL Proof of Publication indicating that notice of this public hearing was published in the Englewood Herald on May I . 1997 . Sandi Oslema, 21143 South Grant Street, said she wanted Council to reali1.e that she lives in the neighborhood of Bates and Broadway where they ha\'e two day labor&. a liquor Slore, two bars. a pawnshop. check cashing place and they all feed into each ocher . And, she noted. ii creates. particularty for that area. a \'Cry bad situation. Ms . Ostema Slated that she never Slood before Council. or any other meeting she has been at. and said that businesses should be booted out of the City . She said she doesn't agree with that, that she thinks a lot of businesses arc \'Cry viable to the progress of Englewood. Ms . Ostema said she does think, howeYer. that fourteen pawnsbopl is about ten more than we need . She said she has to tell Council that she has no problem with the pawnshop near the Bates/Broadway area . Thal it is a nice, clean, well established place. She advised she has it on video tape and out of all the busineaes in that area that is one she would pick to keep it righl thcR. righl whae it is at . Ms. OltCma reitcnled that she has no problem with that pawnshop. but there arc other ones that really need Council's lltenlion. She asked that Council do their bell to do whal the people would lillc for them to do. She said it is not necessarily what the citizens wanl or IICCCll8l'ily whal the bnsi-OWIICfS W8III or whal the people in Littleton want. but do what the pcoplc would like. Vicki Lattimer. owner of Pawn 8am al 211S South Broadway ,......_. Ms. Olaana for her kind-* about her business. She adviled that they arc all uyiag nfully llanl to dlaaF die aep1m: pc.c.q,ticMI that exiSls about pawnshops . She noted it is jusl IDina to be an ...., blnle. tllail they think they arc making progress and that is enoou,aging. ma)4le they arc. Ms . Lattimer -mcnled that wa her ex- husband wanted to get into the pawn business she -., agai• ii. she tllaught it was the ... tllillg she wanted to do. She said she did not want to be inwlved in lllllldhing tllail -aauy, that she had that same perception . She stated she thought people were IOing to a,me in and try to rub her. thal she had all of the worSI possible thoughts. Ms. Lallimer noted that was a number al yean ago and since then she has learned to love it so much that she just recently bought him out. So. she said the Slore is hen and it is ., much fun . Ms . Lattimer commented that she wanted to ask mme of her CUllomen to ClOIIIC hcle tonighl and speak . She was reluctant to do that just becalllc she fdt it would be an illlpolition for them . She said she wished she would have. because she fdt that ~ has thcae inaqes al Cl1l7.Cld drug dealers or something that go into pawnshop&. Ms. Lallimer llated it is so far from the trutla tllail she wisbed -that she had had mme people come ., they could see for tllemRlves thal lier cuaa-s ~ pal people . She pointed out they arc neighbors. just FOd people tllal can't lll8kc ii r-oac ~ to die next Ms . Lallimcr aclmowledged they ha,'C a few bad eggs like 80) buli-does . She poillled OUl that she pes • • En&lewood City Council June 2, 1997 Pase 12 • , . • into 7 Eleven sometimes and is scared of some of the characters in there. Ms . Laltimer stated there are only four traditional pawnshops in Denver. there an: auto pawns and pawns shops. that they an: similar businesae&. She said she is thinking of so many things that were said and she wants to respond to them . Regarding the weapons part of it, Ms. Laltirner said that guns an: a sauy thing to a lot of people and you feel if a store canies guns that that is bad and guns are automatically associated with evil. She stated that is not the case, that good people buy guns too. In fact, she opined. the bad guys don't buy them from stores. they pick them up on the street corner somewhere. She said it is not part of business that they deal with bad guys. Ms. Lattimer reiterated that they an: working wry hard to try to chall8e that negative image that exists about pawnshops. She advised that they are fun places to go, good places to buy used merchandise . She said they guarantee everything they sell, it is not like you even have to wony about what you buy from them. You know that they will back it up . Ms. Laaimer no&ed they have all talked about the ordinanc:e and discussed it so much that she thinks it is • • qalllc. • long • they have tbe option of being allowed to sell. She said that is not her intent aa all, bul if thcy talie away thal, she opined. you have really taken away the value of their business if they don't have thal optioa. Harry Laler stated be owns both of the lots at 3247 South Broadway ud 3246 South Acoma. He felt be -COITCCI in saying that be -the fint licensed pawn dealer ia EaglcMlocl. He said be -up on BcUcvicw and Broadway in front of the K-Mart. be went ia tbe aulo pawn business. Mr. Lalcr noted tbaa all be handles is automobiles. He said he would like to addra.s the fillF)lrinting iaue. Mayor Bums CIOIIIIIIClltcd tbaa be didn't think fingerprinting -aa iaue OD this ordinaace. Mr. Lalcr said okay. He advised thal be runs an autopawn busiaess and it WOlb in Cllllljunclion with the ~I sales of the cars . He said be has the lot behind Broadway where he stores the pawned cars. Mr. l...eslcr staled he has never fenced any stolen cars. he has never bad the policie ClOIIIC to bis lot about any stolen cars or anything like that. contnuy to what a lot or people think . He advised that there is a 10% maximum loan intaat tbaa you can charge for a 30 day period and it has to be c:lcaJed up or renewed after 90 days. He cornmealed that this is all Slale rqulatcd. so it is not like they are there jllll trying to take advantage of anyone. Mr. Lalcr said he bad a lady call him on a Salurday morning , she -a social services repftSClllativc for tbe State of Colorado and she bad to Fl OD a airplane.• there-a death in her family. and she did IIOI have a cralit card. Mr. l...eslcr pointed out thal be -the only perax1 she could come to ud Fl S500 for her cu. She left on a Saturday and came back and picbd it up OD Monday. He laid be llas people ia die carpd business thal tmd all OYCr and do the~ for Super I Molds and tbey will borlVW the ~ from him IO they don't have to tell Super I Mloc* can you flUlll me the ~ to bay die c:arpd'r' So, he noted. there are a lot of business people and he malia bigb dollar loam. Mr. LeSlcr staled he bas loaned out Sl0,000, $40,000. S50.000 al a time. thelC ue 11111 people dlll -by aad drillk ud liaer ud urinalc and aaything like dlll. He laid he llas llad dl8I ....... hellUld llis IIOR aad it ia 't fnlm tbe people thal come inlO bis busi-. it is flUlll die people d181 live ia .... --*a ripl dlcR OD Acoma . He no&ed thal is die bigr:11 prablca lie ... ..... He apilltlll lllll die ...... people of EllplWOod will do wllacw:r. tJ1a1 thcy ue tbe-dlll will COIIIC wi1Ji die .-y ID aalie die klllpiO.~ Ml Mr. LeSlcr advised he llas doaalcld to die ldlools ever liace lie 1181 becll ill--· He laid w11e11 K-Mart H111eC1 to buy him GIii. when be -up OD Bcl1evicw ud BIOadway, lie weal .,_ to pun:llllle llleae l.v lau because be aecded the RIOID for die 8lllapnll busima. Now, lie IIOICICI. ICWlai ycan l8lcr lie is ftnding out be migbl have to start loc*ing cllewbere . Mr. Lale, ....... zed llllll they waat to .ale in 10111C place and build a business . He laid he has IOld cars to third ..,.._ alrady liace be llas llcen in Englewood and has bad repeal pawn people for tbe last four ycan since he has been in business. He pointed out he has not had a bit of IJOUblc from the Englewood Policie or the people that have pawned tbe cars except when one of them had their radio stolen. But. be reitcnlted. he does not have any IJOUblc and the auto business is dill'erent than the pawn business. It is jUll a dill'cmit busi-. he advised. He DOied they have to be liciensed car dealcn before they can pawn automobiles. A regular pawnsllop canaot pawn automobiles unless they Fl a dealcr'1 IKlCIIIC . He said he has been i11 time places like Pawn 8111k ud U. S. Pawn and they are nic::IC . He stated he does not ICC any people loitcrillg outside or uytlling like tbal . • • Ell&lewlNNI City Couac:il J•ael.1"7 Pqel3 • I • • Bn:u Kaufman. rq,rcsenting U. S. Pawn at S030 South Broadway, stated first of all he would like to thank the people in Neighborhood Business Development department of the City . Specifically, he said. Mart Graham and Bob Simpson, for working with the pawnbrokers of the City in setting up and presenting, before Council today. this zoning ordinance. He indicated it was something they all agreed upon, an issue that they all worked out. Mr. Kaufman stated it is another example of a succ:essful negotiation of an issue which llllisfies all panics. He said he needed to correct something that Vicki made comment on and something that Harry addressed. And that is. he advised, specifically on South Broadway in Englewood, there are only four traditional pawnshops. those are the ones that do everything but autopawn . He noted there bas been a lot of discussion here, and in other forums. relative to pawnshops, but in Englewood there are only four traditional pawnshops. Which, he opined. does not speak of a situation where there are far, far too many pawnshops for the si7.C of the City of Englewood . He noted there was some comment made earlier in the evening relative to the quality of the people that deal with pawnshops. All he can comment on. he advised. is thal knowing a number of the customers that service his saore, and having worked in a number of Slores throughout the area. that the vaSI majority of people that use pawnshops are working class people like you and I who cannot make it from payday to payday or have special needs. that do not have banking relationships. He pointed out that that's what pawnshops are for. people who need money quickly and have things of value. He maintained that some of the quality of people that were mentioned prior to this in the nonscheduled section don't deal with pawnshops. because in most cases they don't have anything . Mr . Kaufman advised that they deal with people who are honest. taxpaying citi;zens who need money . He stated that 75% of the loans they make are redeemed by the customers who made the loans . He noted that is an indusary wide average. most of the Slor-es in his company fall within that average . He explained that that means that is their SlulT. they pawn it. they pick it up, they pawn it. they pick it up . It is a routine and a straight forward type business arrangement. Mr. Kaufman said one other point he would like to make is relative to the gun issue that was brought up. He noted this is not a statement for any other pawnshops. but the U. S. Pawn businesses in the metro area do not sell hand guns to the public. period . He Slated they take them in pawn. but they do not sell them . They sell only hunting rifles and things of that nature. very much like Gan Brothers and they do not have a saore full of guns . He noted their average saore has maybe IS. Ill long guns: shot guns and rifles . Mr . Kaufman advised that it is not a big pan of their business. that in fact from the pawn side it is less than 10% and from the sales side it is probably less than 5% of their business . He oommented that if they dido 't do guns. they certainly would not go out of business. They do deal guns. he said. because it is pan of what people have. But they are not in the business of providing guns for people in general. other than for hunting purposes . Ron Gold Slated that 428S South Broadway is his business address and 21112 South Bannock is his home address . He asked if he could enlc:r his previous talimony • public talimony. Mayor Bums Slated he could not. that he would have to repeat it. thll he couldn't enler previous talimony in this hearing. Everything in this hearing. he advised. has to be clone f.-ICl'lllch . Mayor Bums noted that was why people were advised to speak al the public hearing. if they wanlCd to speak on these subjects. because their remarks in the other section of the Agenda would not be included in the public hearing. !Clerk's note : Council agRicd. during the second public hearing. Agenda Item 9b. that Mr. Gold's letter, submitted under Agenda Item 7b. would beenlen:d into the record oflhis public hearing.I Mr . Gold noted that earlier it was mentioned that there were 12 .-wnshops on South Broadway . He llaled lhat to his knowledge South Broadway extends only aboul 2.SOO feet. that is f.-aboul Yale 10 Belleview in Englewood. So, he pointed out. that would inclicale there is aboul one pawnshop every 200 feet. just going from the numbers earlier. He wonderm how the 2.000 feet figure would fit in. given that is about ooe every 200 feet . Mr . Gold said he also thinks that it is interelling. lhal though he had IMDlioncd earlier of 120% annual interesa , and in some cases jusa quoting f.-a major pawn a,mpanies annual repon. where lhey put 214% annual intereSI, and that was incidentally consi•ent for 1995, 1996 and early 1997. thal nobody from the pawn indUSlry seemed able to deny that . Mr. Gold llatcd that lhe earnings incidenlally of E·Z Pawn. and for that matter looking at the annual report of U. S. Pawn, are primarily from these loans at these exorbilant rates. not from sales . In fact . he poinlcd oul. in one pawn company their sales • . ... I· 0 • .,-----------------------=----------------. Eaclnrood City Council .... 2. 1997 Pqe14 0 • went clown subslantially and their earnings wenl up substanlially, because, again, most of the money is coming from the 120"/e or more annual inlcrcsl on loans. It is very. very hard. he said, lo see this as friends to the working class or people who arc ac1ually trying lo help the poor. as some people have claimed. There were no further questions and no one else was present to speak to the issue . COUNCIL MEMBER VORMl1TAG MOVED, AND IT WAS SECONDED, TO CLOSE mE PUBLIC HEARING TO GAmER cmZEN INPUT ON AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE REGARDING PAWN AND AUTO PAWN ZONING. Ayes: Council Members Nabholz. Vormittag, Wiggins. Habenicht, Waggoner. Clapp. Bums Nays : None Motion carried and the public hearing closed. (b) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO OPEN THE PUBLIC HEARING TO GATHER CITIZEN INPUT ON AN AMENDMENT TO mt: COMPREHENSIVE ZONING ORDINANCE REGARDING TEMPORARY EMPLOYMENT ZONING. Ayes: Council Members Nabhok Vonnillag, Wiggins, Habenicht. Waggoner, Clapp. Burns Nays : None Motion carried and the public hearing opened . All testimony was given under oath . !Clerk's note: Notice of Public Hearing was published in the Englewood Herald on May 8 . 1997.1 Neighborhood Communily Coordinator Graham advised that on May s• Cily Council scheduled the public hearing for this evening. This ordinance. he noced, is also scheduled on finl reading to prevent an undcsiml gap in the moratorium that aarrently exists for additional licenses. He stated that the Planning Commission held public hearings ewer four C\'Cllings on the matter of temporary employment services and took a significant amounc of lati.-y. They cunsidcn,d IIMnll proposals to addlas the problems that were raised with temporary cmploymcnl ICl'Viccs. He advised this ordinance is based upon the Planning Commission 's recommendation to noc allow temporary cmploymcnt services in business districts in Englewood. but to allow them. with oonclilions. in industrial districts. He noced the various alternatives are lis&c:d in the Council Communicalion. so Council can sec thal there were basically four difrercnl versions of that He said lhe lcstimony brought out at the Planning Commission hearing rcf1ccted that there -a problem when temporary employment ICl'Viccs were found in relationship to liquor stores, playgrounds. residences and other businesses . Mr. Graham stated that by locating them into industrial areas. they felt that would best addlas removing them from situations where they would be causing problems. He advised that the two major issues identified were finl. the impacts of temporary employment services on residential areas and second. the impacts of temporary employment services on other businesses. Mr. Graham said by pulling them away from parts. busillCIICI and rcsidcnc:a you address those provision . He stated there was also a provision, spcciflCally that the Planning Commission said they did noc want to provide a grandfather clause for these busillCIICI . He said he would just make that a,mparison to lhe pawns . Mr . Graham advised that there -a fccling that the pawns should be grandfatheml. Pawns. he pointed out. were already a listed use in Englewood . whereas temporary employment services arc noc now . have never been. a listed use in Englewood . He noced that makes the treatment different as well . The recommendation. he stated. is thal Council noc grant a grandfather clause here and that would include noc granting one for the businesses in the industrial area . Because. he said, ' •. .; I· ' • En&kwood City Council June 2, 1997 Page 15 . ' • 0 • they do not cunently meel the distancing requirements to residential zones. So. he noted, all the existing temporary labor services would need to relocate and they would be required to go through the conditional use process to do that. Council Member Habenicht commented that some people have said to her in the past, that they have seen an increase in a lot of these businesses coming into the area. She asked if that is because oor property taxes here are higher or lower than neighboring cities. if there is any correlation. Ms. Habenicht said they heard earlier today that we have high property taxes. she questioned whelher they are higher than neighboring cities. Mr. Graham Slated that he is not qualified to speak on that issue, that perhaps Director Gryglewicz could address that . Mayor Bums asked if the Planning Commission discussed the issue of transpor1alion to these locations in industrial areas for temporary labor facilities. Mr . Graham said it is an interesting question, that cenainly people are allowed to Sland at a bus stop . He noted he doesn't know if they have reviewed the possibility of gathering at some location and then going. Mr. Graham said he secs where the impacts are roughly the same as having the meeting location then:. He advised it wasn '1 the nature of the problem that was discussed. when they wrote this ordinance and had the hearings in front of the Planning Commission. It was anticipated that any gathering point for temporary labor would have to be in an appropriate zone district. So, he stated. he would interpret that action to be illegal. Mayor Burns asked if the availability of transponation will be a pan of the conditional use process review. Mr. Graham advised that the extent of their review of the transponation issue was that there is RTD service into the industrial districts, so that it would be possible to relocate a temporary employment issue near a bus line. Mayor Burns noted that was whai\ he was getting at. Beverly Bader. 27SS South Lincoln Street. stated that she has lived there for 23 years and it is right behind Peakload Labor. She com1nentcd that she has watched her neighborhood go downhill ever since Peakload moved in and has witnessed 1nen urinating in the alleys and drug deals going down. She said that these people have broken into her garage so many times that the lock is broken and has 10 be padlocked shut. They have stolen lawn tools and everything else imaginable if it is not totally put away. She advised she has her electric batbcque grill literally padlocked and chained to her front porch so it will not be Slolen. She noted they go through her trash and scatter it everywhere. She said the neighborhood has just gotten so seedy and trashy and it was not like this before. A few years ago, she noted, she was cleaning and weeding oot behind her garage. She stated that her garage, and her neighbor's garage. are very close together, and she foond a sleeping bag and a back pack . Someone was living between their garages. She said this never happened in their neighborhood before. that she is tired or finding and picking up used condoms. syringes and broken booz.e bottles. She said it is a oonsiant, constant thing and she is getting really. really tired of it. She staled ii was bad enough when Pakload was the only one there. but when Stand-By moved in things really got bad . She said it was her understanding from a Planning and l.oning Commission meeting that she was at. was that crime increased in the Bates/Broadway area 1128/e from 1990 to 1991 when Stand-By moved in. Ms. Bader commented that that is an incredible increase. She said she is tired or picking up, tired of the trashy neighborhood, tired of being afraid. She noted she is afraid all the time and she is tired of being afraid in her own hoose. But, she emphasized, what she is really tired of is Englewood business owners telling them what they shoold put up with. She Slated they are the residents. they arc there and these people have traslled their neighborhood. Obvioosly, she said, there is no working with the owners in cleaning the place up and getting these people oot of there . She asked that Cooncil please take the PlaMing and l.oning Commission 's recommendation that these be moved lo the industrial area. Howard Watters. 288S South Broadway. said he has had the building at that address since 1981 . He said he is about SO to 70 yards away from the comer of Bates and Broadway where the temporary employment facilities. Stand-By and the printing facility, have been located. He said he would like 10 share some or .. I· • Englewood City Cwncil J•ae 2, 1997 ··~·· • 0 ..• - the expei ie11ces that he has had al his South Broadway local.ion. He said he cannot swear that all of these incidents have resulted from some of the people who have been associated with the temporary employment facilities, but there has been an amazing coincidence of events that have happened. This, he said., is much like the lady before him. but in a business situation, rather than residential. He said he has had numerous instances of into"icated people on the propeny and the police have been called. Mr. Wailers noted that he has on his wall four cards of police officers who have been called al various times because of this type of incident . Tbere was a fire set in the back of the building. he recalled, which he presumes was a bonfire for warmth during tile winier, which was a potentially dangerous situation. There have been numerous incidents of indigents sleeping. relieving themselves on the property, needles found on the propeny, and discarded clothing. He said he has called the police dcpanment, the fire dcpanment and EMS for people who are literally passed out cold. Tbe back entry gate to his property was literally broken down. he said, which he replaced with a chain link gate. which was immediately pushed out of position. Now he holds the (!lie and the fence together with a bicycle chain and combination lock. So, he said, there have been these numerous incidents of trespassing and a variety of things that have taken place which are coincidental with the existence of the temporary employment facilities . We did not have these kinds of incidents, he said. or they were very rare, with the preceding business. which he believes was a Circle K convenience store. He opined that. based on the experiences he outlined. the temporary employment facility location has definitely contributed lo a diminishing of the value of the propcny and, perhaps more imponanlly, a potential risk . As the tenant of the main floor of this relatively small building, he said. he has an interesting business called P & J's Dolls. This is a business that has classes in the morning. afternoon and evening. six days a week lo which ladies come 10 make collectible porcelain dolls, he advised. As a result. the palif.ing IOI is full of cars belonging 10 mostly middle aged ladies and he is concerned with the situation, because ii is a potential risk lo them . He said he pul in extra security lights in the palif.ing IOI. but this remains a real concern . Mr. Watters said he is in strong suppon of changes that would eliminate these kinds of problems. Carole Tomasso. 2998 South Bannock Street. reminded Council lhal she has spoken to them many times before and expressed her appreciation for their patience with her. She asked if Council is going to m •iew the public hearing transcripts and the Planning and Zoning Commission documents concerning temporary employment agencies. Mayor Bums responded that Council has those available for their review . Ms . Tomasso strongly recommended that Council look al the information 10 see how things evolved to get to the point where we are al . The Planning and Zoning Commission unanimously voted for the most stringent recommendations, Olher than having these businesses lea\'C Englewood. she said. adding that she thinks they made a good decision . They have spent a lot of lime looking al the problems and how to resolve them. Tbe Commission, she said. is recommending yearly licensing. There seems to be a problem with liquor stores and how to keep these businesses from clumping together and becoming a parasite environment . What it says in there. she noted. is that a temporary employment a,cnc)' cannot open within a cenain number of feet of a liquor store. but a liquor store could open next to them. If a temporary employment agency does open in an industrial zone. a liquor store opens within that number of feet from them, what is going lo happen. she asked. Ms. Tomasso said she thinks they addressed that with the yearly licensing, which she feels is a very imponan1 component. She said she has warted on the Stand-By issue for five years. Al one point. she recalled. they agn,cd 10 hire an off~ly police officer, which did help lo control their businesses. She stressed that these pcoplc do need 10 be conlrollcd. and they need lo understand lhal their business has lo function within legal parameters and they need to control their clientele. Al the time that they had the off duty police officer the business was a little more manageable. she advised, but they discontinued ii because there was no requirement. there was no one saying you need to do this. you need lo con,rol your clientele. She said she concum,d with Ms . Bader's earlier statements that. a year after Stand-By opened. there was 112% increase in crime in her neighborhood. She opined that that sounds like a war mne. Ms. Tomauo relalcd that she also gave IOIIIC real estate information to the Planning and Zoning Commission, acknowledging that her means were limited and her methods were amateur. She was trying 10 indicate what is going on with the real estate in •. I· -----------~--------------------------:--·:------:-- • En&lewood City Council J•ae2, J997 ... , 0 • the area. she said. Planning and Zoning indicaled that we arc at a 70% rental rate. which Ms. Tomasso said she doesn't think it is quite that high. She said she has noticed a tmnendous increase in sales of houses and she knows of two instances where people have moved specifically because of Stand-By. She feels it is a neighborhood at risk, and yet there arc second and third generation Englewood people there and people like herself, teachers who arc not rich enough to go live elsewhere. She said she likes her neighborhood, and would like for Council to look at the infonnation she presented and sec how at risk we are and ICC how we need to stabilize the neighborhood. Someone is going to come in to buy a house, and if Stand-By opens again tomonow, you've got the drunks and the hypodennic needles, she said, and that puts us at even more of a tremendous risk. Ms. Tomasso said she also spoke with the International Bead Trader, who rcccndy ll1CMd back next to Pcakload, and he told her he may not be able to be here tonight. He expressed to Ms . Tomasso that he stJOngly feels the temporary employment agencies should be moved to industrial areas, and expreacd the same conccms that other business owners have expressed. She thanked <:.ouncil for following through and having Stand-By closed down. She reminded Council that, when she spoke to them previously. she said she wanted her daughter to be able to ride her bike around the block . She said they did that the other day and they didn't have to sec anything illegal or ugly. She opined that what Council did maintained her daughter's innocence. Teresa Hatbaugh. 3575 South Fox Street. said she is cally-a>mcr from Labor Ready. which is on Fox Street and Ithaca Avenue . She said she has been in that building since September of 1993 . Prior to Labor Ready, that building was an Anny Navy recruiting center, she advised. Everything has changed since Labor Ready moved in, she said. much like Stand-By, there is all the litter, beer cans in the alley and gin bottles on the sidewalk. A couple of times there have been dulfel bags and sleeping bags in her window wells. and various typcs of trash. She said she is afraid they will smoke and burn the building down. Ms . Haltlaugh said she told the police and they said they could throw the stulf away. but that doesn't get rid of the people who arc hanging around there. She has found clothing stulfed in the bushes. and she opined that ii just doesn 'I feel right to be near all of this. She has a mail order business in this building and does not have a lot of walk-in traffic, and this is not her primary dwelling. but she nevcnhelcss asscned that it is sca,y to be there sometimes by herself. The people all cut right through her property. in that she is between Labor Ready and Taco Bell . When her son washed his car recently at the do-it-yourself car wash across the street, he brought the car over to her lot to dry it olf, and was approached by scvcral Labor Ready people who asked him for money. She docs not feel safe. she said. and she is not sure where they can be relocated. but the bottom line is raponsibility and that needs to be addressed. Ms. Haltlaugh said her propcny tax has goac up. but she feels the property values have gone down, and it is dilllCtly related to the temporary business. Collecll Burke. 3 594 South Bannock Street. said she has been a n:sidcnl for seventeen years . She testified that she has picked up used syringes on the comer olher llftlCI clolc to the lpU1JIICIIIS where a man was murclcred last IUIIIIIICf. She advillid she called Neighborhood Services because she had six transients camping out behind her house . Her neighbor put his house up for sale two weeks ago because he said the neighborhood is gelling trashy. she said. Ms. Burke said she wishes she coulcl blame the day labors or the temporary employment services. but she can 't. What 's happening in her neighborhood is happening in streets all over Englewood and it doesn't have anything to do with day labor. she said. She said she docs not feel it is fair or conducive to business to allow them to have opened up their busincues and then tell them they either have to relocate or gel out . If clay labor busincucs a,e this dangerous and scary , what sense docs it make to move them from one neighborhood to another, she asked. She said she docs not feel that a "not in my backyard" approach solves anything. Ms . Burke feels we need strict codes and strict enforocmcnts. as allcsted to by Mr. Clayton. Mr. Lester and Mr. Stark . Pcoplc arc not making a concened cffon to call and gel their neighborhoods cleaned up and gel theac problems COffllClcd. she opined. If an)i,ody, 1 businca owner, a home owner or a landlord, is breaking aides. being I nuisance or causing trouble, persililCIII 1cgal RlCIJUflC will eliminate them. not ru.oning them out . She said she loves her city. she loves where she lives. and she would be "illing to join any group or oommiuee where we can stan •. I· • En&lewood City Council June 2, 1997 Paie II • • miamping our neighborhoods and bringing back the pride and morale of our city. Ms . Bwte said she docs not bclic\oc asking a business. where there arc many people who wort their butts off everyday. to rclocalc. is the approach that the City wants to take . Jim Hannifin, 3142 South Clarkson Strcct, said. in answer to Council Member Habcnicht's earlier question, temporary services locale in Englewood because that is where the people live who work for temporary services. They would not locate in Cherry Creek because there arc not people there who work in day labor halls. With regard to the other question about transportation, he said, transportation to the industrial areas is marginal, especially compan:d to the twenty-four hour bus that goes up and down Broadway . He said the City or Englcwoocl should not take the drastic, and probably illegal, step or changing land use regulations to evict a class of businesses from South Broadway, namely day labor halls. Instead, mning laws should be used to prevent a similar concentration or busillCISCS in such a small area. Additionally, he said, existing laws and codes should be enforced . He said he was told that Stand-By was never scrwd any citations by the City about any problems. He felt that was wonh noting . It remains to be seen whether the problems associated with the business at Broadway and Bates. with Stand-By in panicular. will go away now that the largest and busiest business 011 that corner is closed . Rather than going forward now with a measure to change 7.oning. to close up viable businesses. he opined . lhe City should wait to sec if problems continue enough to warrant such a solulion . The 7.<>ning change itself was a solution conceived by the Office of Neighborhood and Business [)a,elopment. together with citizens, initially to solve the problems attributed. rightly or wrongly , to S1and-By . Now that they arc closed , rather than SCI a very negative precedent and open the City 11p to law suits. Mr. Hannifin urged Council to take the time to assess the results of Stand-By's closure and look into other more rational and less reactionary solutions. He suggested requiring off-duty police officers or their own security. which was apparently successful in the past . He pointed out the importance or business to Englcwoocl and the importance of transportation and accessibility to those people who rely on temporary staffing services to cam their living . He concluded by saying that self-righteousness has its place, but he docs not think it makes good public policy . John Looze. 2935 South Aco1na Street. urged Council to look at what the Planning and Zoning Commission has requested of them . He said he has testified at every Planning and Zoning Commission hearing. Stand-By Personnel and Kaiser Pcnnancnte arc dircclly across the Sll'CC1 from him . He bought his house in 1992 for an extremely good price , and he said he did not realize why at the lime . The problems associated with day labor became apparent very soon. however. They would part their vehicles on the caSI side of Acoma , he said . They would urinate. they would defecate. sleep. drink and accost residents or anyone else who walked by. Mr. Loozc said it took him about a year and a half and about ISO phone calls to the police. who were very cooperative. in order to stop tbclc people from parking there. He opined that the real problem here is that when you have a situation like a day labor agency, they can only control their area and they arc only in control of these people when they arc on their property . Once they leave their property. they arc no longer the rcspoasibility of these businesses . There is no way to legislate what people do once 1hey leave 1heir place of employment. he said . And because they arc what they arc. day labor. paid daily. once they leave the property there is no way that you can legally hold Stand-By or any other personnel owner liable for wh.11 an i11di\'idual does. You can 't hold a business liable because their employees arc shooting up dope down the Slrcct or breaking into buildings or homes or accosting homeowners . There is no way 10 control thal. he asserted. and that his why the Planning and Zoning Commission has sent Council what they have . Day labor is not a viable business anywhere near a residential area . he stated. because they cannot be controlled . Jerry Bernard, 276] West Long Drive. Littleton, told Council that he formerly lived in Englewood for about 40 ycan. He enjoyed that time and served on the Planning and Zoning Commission while be was a resident . He said he was and continues to be a member of Mayflower Congrcptional Church. which is located al the corner or Acoma and Cornell . He said he has seen changes in the neighborhood, which he • . .. I· • Eactewood City Council Juae 2, 19'7 .... , • ,. - isn 'I SUR he can directly lllribute to one or even a class of businesses. He does know. however, that the Slaff at the chun:h docs noc feel a,ml'Ol'lablc during broad daylight without the doors locked. That is a frusuation to him because he can remember a time when. if they forgot to lock a door. it didn't make much diffen:noc. Now the doors arc locked most of the time. even on Sunday mornings there arc doors lbat are strategically locked. 1bc building has just about become a locked fonress, he said. Mr. Bernard staled that. as he has worked around the church building. both inside and out, he has been approached on occasions by people looking for money, food and handouts. Some identified themselves as having come from Stand-By Personnel, where, according lo them. there was no work so they were looking somewhere else . At a recent church town meeting. he advised, a woman confided that she had driven to the meeting because she was afraid to walk the two or thn:e blocks to the church. II is those kinds of things, he said, lbat be is c:oncemcd about. l.oning districts arc created to control the use of properties as a proCection for resiclenls, owners and the City. While the exillCnc:e of a temporary employment ageatcy is noc a permitted use within any olthe B-1, B-2, 1-1 or 1-2 dillricts, still there arc lhose businesses in those areas, be staled. II is not the fault of the neighbors that the businesses are there, he said, so this is nae a neighborhood problem. this is a City problem that needs 10 be addrascd. II has been addressed by the Planning and l.oning Commission and he strongly urged Council lo aa:q,e their RlCIOlllmcndalion. Carolyn Clayburg, 2819 South Bannock Slroet, staled that her neighborhood, which consists of a IOI of senior people, has also been impacted by the very things lhal other people have been talking about this evening. Sinoc day labor places have never been a permitted use, she urged Council to consider the Planning and Zoning recommendation very seriously and not make ii a permilled use. Libbie Gottschalk, 2904 South Grant Stred. and JOO East Bates Avenue, asked Council, sinoc the earlier reading of her and her sister· s lcner will not be in the public rc:cord, if lbat means that it will noc be read and considered by City Council as this decision is made. Mayor Burns suggested 1ha1 she ask 1ha1 ii be made a pan of the public record . Ms. Gottschalk said they would like 10 do so. Council Member Clapp reminded Mayor Bums that he just told Ron Gold no and ii should either be the same for both or not at all . Mayor Burns replied that, what Ron Gold asked was whether his previous testimony could be used in the public hearing. If there is a written document that they would like 10 submit for the public hearing they may do that. Ms. Clapp said Mr. Gold had some things lbat din:ctly rclaled to pawn shops that he wanted 10 be considered within the hearing. She said the only poina she is malting is that we should be consistent . Council Member Wiggins said he thinks we have heard the tcsti.-y. He said he has heard ii once and does not need 10 hear ii twice . If Mr. Gold wants lo resubmit his material in the public hearing for that purpose, Mayor Bums said he does not think lhal is a problem. City Allomcy Brotzman concurred. Ms. Gotllehalk repealed that she would like 10 resubmit the Idler. She also pointed out 1ha1 there is an allachmenl to that letter, which consists of 38 signatures which were gathered in less than two hours this afternoon from neighbors who are in strong concurrcnoc. She asked that the signatures be part of the public record as well . She asscned that ii is imperative that Council listen to the prq,ondcrana: olthe testimony given here and al several other earlier hearings. Ms. Gottschalk said thal Council's earlier decision 10 deny Stand-By their continuance was clearly in the best public intereSI and she does not believe Council can do any less with the decisions that arc bcfon: lhcm -· She said she is ccnain they arc hearing what is being told lo them. that this situation is unconscionable. . . ..... • . .. •· -------------------------~------.. -------------------------,--- • • • Englewood City Council June 2, 1997 Pqe20 0 I• • Mayor Bums asked Mr. Gold if be would like to n:submil his previous documents for lbc purpose of lhis public bearing. Mr. Gold iuponded affirmalively. Mayor Bums said Ibey will be submilted. Tina Holonbek. 2731 South Sherman Street. lcstificd 1ha1 she has tbc same problems 1ha1 everyone else has. She said she no longer supports tbc businesses along Broadway because she is afraid to get out of her car and walk to the business. She said she does not shop al the King Soopers because she has been panhandled too many times in that lot. Ms. Holonbck shops instead at a King Soopers or Safeway near her work . She will not go in lbc video store or in the new businesses where she would actually like lo stop in just to see what Ibey have. She said she has been hassled in her front yard while weeding her garden. She was told by the City lo tie up her dog. which she did. on a rope that reaches just to lbc fence. The dog is more than welcome to have anyone who comes inlo tbc yard. she commented. Although she is a renter, Ms. Holonbck said she is tired of cleaning out beer bottles from the alley and does not want to live in this neighborhood anymore. Jim Rees. appearing on behalf of the Greater Englewood Chamber of Commen:e and its Board of Direclors. presented a letter of position. which he said is probably applicable to both hearings. He said he is sure they did not want to hear it lwice. He read. ··Mayor Bums. Mc:mbcrs of Council, the Greater Englewood Chamber of Commen:e. with 62S current members is an organi7.alion of Englewood businesses and residents. One imponan1 function of the Chamber is lo represent Englewood businesses on issues which our members believe are imponant to us and to the communi1y. We arc asking the City Council to carefully consider the impact of passing inlrusive. burdensome laws. rcgula1ions and zoning restrictions which are based on pen:eptions and e1notions. rather than facts. and which do not reduce crime, do not improve neighborhoods or the quality of life in Englewood. Any business or resident can be a nuisance, but lhat does not mean wc should restrict or zone out all businesses or residenls of that type . To do so would restrict persons who have something 10 offer to the City of Englewood. The Chamber is firmly commiltcd to policies which encourage a strong business climate, supports neighborhoods. and community improvements. Our customers. our employees. our members live and work in Englewood. Vigorous enforcement of existing laws and codes is a positive means of improving Englewood's communities. The Chamber is not in favor of regulating and restricting business to the extent that the atmosphere is not welcoming. Englewood should welcome businesses with the job opportunities. tbc tax dollars and community suppon they have to offer. Our Englewood businesses have chosen to be in Englewood oul of the entire nation and lite world. 11iey have invested in Englewood with savings. time, hopes and dreams. Often at great personal expense. Ibey have purchased land. built buildings. remodeled buildings, leased space for their businesses. Businesses suffer from the same crimes, the same graffiti. the same robberies and burglaries, the same random vandalism as all other residents of the City. Collectively. their commitment and their investment is huge. Although ii would be expensive. those businesses can and will move if Englewood does not creale a welcoming and bolpillblc dimalc. It is interestiag to observe that. even !hough those busineaes cannot \'Ole, they pay taxes 111 rate approximately Ihm: times that of residents. Englewood's prosperity comes from tbc hard work and sacrifice of Englewood's businesses who collect all the sales taxes. pay the great majority of propcr1y taxes for Englewood city services and schools. It is no secret lhat business loday is already burdened wilh numerous laws. regulations. fees, repons and licenses al every level of government. Imposing 1norc regulations will make businesses less likely to set up shop in the City of Englewood. In summary. it is for all of lbcse reasons that wc arc here lhis evening once again 10 carefully consider the impact of unnecessarily intrusive and burdensome laws. regulations and zoning rcstriclions which are based on perceptions and emotions rather lhan facts. which do not reduce crime, do not improve neighborhoods or lhe quality of life in Englewood.·· Pastor Clyde H . Miller. Jr .• 17S Sou1h Jasmine Slreet. Denver. works al 3001 South Acoma Street. which is the Mayflower Coapqalional Church. He said he wishes this -an oc:cuion when he could really dialogue off a rebuttal to the pn:vious speaker, but he will noc use that oa:asion 11 ten o'clock at night. He said, as a pan of his responsibility for lhe care and lhe nur111re of lhose people who worship al 300 I South ' •. ., I· • 0 '32xl • Englewood City Council June 2, 1997 Pace 21 • •• - Ac:oma Stn:et, he is very much interested in the quality of life of all of members, many of whom are residents of this community. As a part of his responsibility, he said he has appeared here regularly with the Planning and Zoning c:ommittec to advocate some changes that would enhance and improve the quality of life of, not only the members of the Mayflower Church. but also all of the residents in north Englewood. Out of that, he said, they have seen fit to move together in such a way as to organiu so that they might enhance the quality of life. In that context, he said. he would urge Council to listen carefully to what the Planning and Zoning has put before them. He feels the quality of life in this community is a very tenuous quality oflife. It very much depends on Council's positive response to those recommendations, that would cause the location of some of these businesses. which are not about the quality of life for us. to relocate elsewhere. Pastor Miller said he is not anti-business. but he is pro-quality of life for our people in the neighborhood. He asked Council to please VOie positively for the issue that is before them. Carlcnc Walker testified that she owns property at 2911 and 2901 South Broadway. She said she is that evil lady who owned Stand-By Personnel. which she sold on March 30. 1997. She stated that all the temporary help services met with Mr. Stitt after they couldn't get Mr. Simpson to come to a meeting. 1bey received assurances from Mr. Stitt that temporary help services were going to be grandfathered in, just as pawn shops are. and so she sold the business. lllere has been much talk about Stand-By and temporary help services being an illegal entity. If it was , why did the City grant us a license to operate. she asked. She said she has been lied to constantly. TIiey said they were only going to license us. she said, which they did, and then they started in on the 1.oning. She said she does not know why they just don't know how to tell the truth. She said she hears these two ladies talking about Stand-By still being in business on Broadway, but Stand-By is not in business on Broadway. TIie company she sold it to went down to City Hall and tried to get an application to fill out for a license. but were told they were not going to be given a license so they would not be given an application . After checking with their lawyer, she said. they had to give them at least an application to fill out and needless to say. they saw where she put the application. right in the trash. She said she does not undcnland the City. This is an absolute city of hate, she said. She said she does not know what Bible the rcvcrcnd is reading out of. but it is not the Bible that she reads out of. Ms. Walker said she has tried for 28 years to pn,tcct and help poor pcoplc and people without jobs and just docs not know where he is coming from . She said. by the way. that she has heard that he has prayed for her. and his congregation has come up to her after these mci:tings and asked where the horns and tail arc that the reverend talks about thal you have. She said she can't believe a minister would do this. She stated that she has heard Mr. Gold get up in front of the Planning and Zoning Commission and rave on and on about Stand-By Personnel being a multi-million dollar business. After 28 years. Ms . Walker said yes. she has built it into the biggest. most successful temporary service in the State of Colorado . Is he jealous. she asked. adding that she just docs not understand where he is coming from. We have asked for police rcpo,ts. she said . She rclaled that she went down to City Hall and asked for them. After the two ladies huddled when they found out she was from Stand-By. they told her it would cost about five or six hundred dollars. Ms. Walker said she told them that was fine. told them to charge her and asked when they would be ready. 1bey told her it would be a week or two. but they were not ready when she called three weeks later. five weeks later. and seven weeks later. lllerc were no rcpons . She said she went to the police three years ago when all of this started and told them that if they had any problem with anyone in that neighborhood they 1hought was working for Stand-By. they have a computer and they should let her know and. if they were \\'Orking for them. she would fire them. The police never came to her with this. she said, not once. At the City Planning meeting when these ladies got up and said there were illegal aliens camped all night in the building beside her. they said there was broken bottJcs all over her lots. She took the new owner down there to sec and there were no broken bottles. and no one camping in the lot . She said she is so sick and lired of these women calling the newspapers. and the TV Slations. and talking about not having restrooms. She said she has three handicapped restrooms and she said she guarantees they arc cleaner than a lot of pcoplc who have been up here . ..... I • Eapwood City Council J•ae2, 1997 Pqe22 ' • • (~ • Mayor Bums asked Ms . Walker to wrap up fairly quickly because she was starting to get over time . She said she would tell Council when: a lot of their problems were a,ming from. and it is not temporary help services. This neighborhood. on both sides. is loaded with drug and ala>hol treatment centers being nan out of their homes . People a,me clown from Demer and up from Littleton, she said, and they walk into these neighborhoods throwing out their syringes. She said she has followed them. She said she would wrap up, but bas a lot more to say . She said it is such a pleasure to talk to people who think they are better than other people. Ray Tomasso. 2998 South Bannock Stnx:t. said he attended the first neighborhood meeting with Carlene Walker, II wbich she statod dial lbe bougbl Ille building witbout ~ng that there was a liquor store next door or a bu. We are talking aboul a penon here who buys property withoul ima&igating the aeigllborllood, be said. OIi iier tlloupls OD dnip. Mr. T---d dial he -approached by I penon walking off ol her property to buy New York prescription drugs . When he returned home, he said be called the police and filed a police rq,on . In the month since SWld-8y has been closed, Mr. Tomasso said he bas not had to remove liquor bottles from the back yard. clothing or syringes. He has only been approached once by nncone looking for a job. and thal w Saturday night. he said. The neighborhood is quieter without Stand-By. without Carlene supporting her diamonds on her fingers. which she says is why she is in business. He said she is quoted in the Rocky Mountain News as thanking everyone in the business for the diamond she WIS wearing. He said it is the neighborhood that is 11 risk, not Carlene or Ille facl that she sold her business. The City gave her a temporary license. he said, that was not transferable. There is a moratorium on business liClCIISCS . The person buying the business should have invaligated and Carlene should have told him that she had a temporary business license that WIS not transferable . II is not the City's fault that the new business owner does not have a business and it is not the City's fault that he operated for a month without telling you that he was operating, and then asked for another 120 days 10 operate. which Council did not grant. Mr. Tomasso reminded Council that the City has cited this business for operating aftC! they were told they could not do business. He said Stand-By put a sign on the door, locked the door. and then picked people up in lhe parking lot, and that is the business you are dealing with. She owns the business next door and she is Slill running a labor hall next door, he insiSlcd, it is jusa not the scale 1h11 Stand-By was. Sland-By vans are still cruising down Acoma. dropping people off at the bus Slop and taking olf. It is a two minute stop to drop somebody otT al the bus Slop and continue on into Denver. he said. You have labor halls in Denver that are on the bus route. If you do not pass this 1.00ing ordinance. Mr. TOIIIISIO said he would like to apply for a license to do business across from the light rail stop. He opined that would be a really aice CClllCrpicClc for the development. Thea, he said. he would like 10 apply for a liquor license to open next door to that. According to the Chamber ol Commerce, he said. he would also like 10 pnlpOIC 1h11 his onliaucc, the way he paacared that. would include houses o( pro11i1ution, adult entertainment centers. and -,e parlors. because they also are businesses that pan of the population could be employed in. would llllaCI residcnls and would raise sales tax . The question is. who WIIIII IO loclle next lo them or live IICXl IO them. he lllied. COUNCIL MEMaER WIGGINS MOVED, AND IT WAS SECONDED, TO CLOSE TRI Puauc HI.ARING TO GATHER Cl11ZIN INPUT ON AN AMENDMENT TO THE COMPREHENSIVE l.ONING ORDINANCE REGARDING TEMN>RARY EMPLOYMENT ZONING. Ayes : Council Members Nabholz. Vonnittag. Wiggins. Habcnichl. Waggoner. Clapp. Bums Nays : None Motion carried and the public hearing closed. • . .. •· --------------------------, . • • j Eapewood City Council Jane 2, 1997 Pace 2l Mayor Bums advised that tbcrc arc some ordinances on the consent qcnda with rcprd lo pawn shops and temporary zoning. Council's practice, he explained, is to not \'Ole on ordinances on second reading where we have • public hearing and wc arc consistent with that. Some of these ordinances arc being read for a second time on first reading. 1bc reason is, he said. to avoid a pp in the IIIOllllorium on the issuance of'busincss licenses. so wc arc not adopting these on second reading. they are first reading items . (a) Approval on Ordinances on First Reading MAYOR BURNS REMOVED 10 (a) (ii) FROM THE CONSENT AGENDA. COUNCIL MEMBER HABENICHT REMOVED 10 (a) (vii) FROM THE CONSENT AGENDA. .. COUNCIL MEMBER NABHOLZ REMOVED 10 (a) (viii) FROM THE CONSENT AGENDA. COUNCIL MEMBER VORMITTAG REMOVED 10 (a) (iii) ROM THE CONSENT AGENDA. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (i), (iv), (v) ud (vi) ON FIRST READING. (i) COUNCIL BILL NO . 51 . INTRODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE AUTHORIZING TWO AGREEMENTS ENTITI.ED "PIPE LINE LICENSE" BETWEEN 1llE BURLINGTON NORlllERN AND SANTA FE RAILWAY COMPANY AND 1llE CITY OF ENGLEWOOD. COLORADO. (iv) COUNCIL BILL NO . 47, INTRODUCED BY COUNCIL MEMBERS WAGGONER/WIGGINS A BILL FOR AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS IO, 12, 13 AND 14 , AND CHAPTER 8. SECTION I OF 11IE ENGLEWOOD MUNICIPAL CODE 1985. TO SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES IN B-1 AND 8-2 BUSINESS DISTRICTS AND TO ALLOW TEMPORARY EMPLOYMENT SERVICES AS A CONDITIONAL USE IN 11IE 1-1 AND 1-2 . INDUSTRJAL DISTRICTS. WITH DISTANCE REQUIREMENTS . M COUNCIL BILL NO . 44. INTRODUCED BY COUNCIL MEMBERS WAGGONER/WIGGINS A BILL FOR AN ORDINANCE ENACTING A NEW TITLE 5, CHAPTER 16. OF 111E ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO AIJJ'OMOBILE PAWNBROKERS AND WHICH REMOVES AlITO PAWNBROKERS FROM ORDINANCE NO. 2S, SERIES OF 1996 WHICH • PERTAINS TO 11ffi MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD. COLORADO . (vi) COUNCIL BILL NO . 4S . INTRODUCED BY COUNCIL MEMBERS WAGGONER/WIGGINS ~ A BILL FOR AN ORDINANCE REPEALING TITLE S, CHAPTER IO. OF 111E ENGLEWOOD • MUNICIPAL CODE 198S PERTAINING TO AUTO SALVAGE AND RECYCLED MATERIALS • • YARDS AND ENACTING A NEW CHAPTER 10, AND WHICH REMOVES AUTO SALVAGE AND RECYCLED MATERIALS YARDS FROM ORDINANCE NO . 2S , SERIES OF 1996 WHICH PERTAINS TO 11ffi MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD. COLORADO. 0 • ----------------------i.---------------------------- • 0 • En&lewood City Council June2, 1997 Pace24 Vote re.Its: Motion carried. Ayes : Council Members Nabholz. Vonnittag, Wiggins. Habenicht, Waggoner, Clapp, Bums Nays : None * •••• (ii) A recommendation from the Ci1y Anomey 10 adopt a bill for an ordinance aulhorizing the new Council Policy Manual was considered . Council Member Clapp said, as she was looking lhrough lhal. she saw so many reslrictions upon Council and she was wondering why we even need somdhing like this. since we ha\'C Rabat's Rules of Order and we are bound by our own Cily Chaner. Quite frankly. she said, she does not see it as something that it necessary and she does not feel she can S11ppOn it as• Council Member. She said she noticed that one section had been revised so that if you had an old issue and you wanted lo bring currenl or addilional infonna1ion on 1ha1 . you would have 10 lake it 10 a VOie of Council. She said she sees this as being so restrictive upon Council lhat it is a bit ridiculous and she feels ii is being abused . Mayor Bums asked if 1his is lhe same ananual we have had, just reslaled . Ci1y Auomey Brouman responded lhal it is the same manual. lhat we have been going over policy periodically, ii is thal manual, with ccnain revisions, lhat we have been doing for about a year. Mayor Bums asked if we have adopted those revisions one by one. Mr. Brotzman said no. Ibis would be an adoption of all of lhose changes. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO TABLE AGENDA ITEM 10 (a) (ii) -COUNCIL BILL NO. ~ UNTIL COUNCIL CAN DISCUSS IT AT A STUDY SESSION. Mayor Bums said be agreed . He fdl Ibey should go over lbe changes. before Ibey pul lhcm "wholesale" in the manual and adopt the manual . Ayes: Council Members Nabholz. Vonniltag, Wiggins. Habenichl. Waggoner. Clapp, Bums Nays : None Motion carried. • •••• (iii) A recommendation from the Depanment of Neighborhood and Business Devclopmenl to adopt a bill for an ordinance amending the Comprehensive Zoning Ordinance repnling pawnshop wning and amending lhe elfcctive dale: was considen:id. Council Member Vormittag offered an amendmenl to page three. in the upper righl hand comer. regarding the fCIOC.lge . He said he would like to change the 2.000 fool diliWICe n,quiremcnt lo S.000. He said. in lhe long run. ii will be even less pawnshops. He said he still says lhey are all gralldfathen:id in now. and if Ibey move oul, or they can still sell their locations. but. if one does go out of business. more lhan likely ii will noc be able 10 ever be a pawnshop again. Wilh a longer diSlancc in I here. you would have less and less. he said. and ii may lake 1en or fifteen years. He asked Mark Graham IIO"' 1nany 5,000 fooc areas we a>uld possibly get on Broadway. Mr. Graham said ii would be limi1ed lo aboul 1hrec. lhere is aboul three miles of Bru.i.-.y in Englewood. Clarifying for Council Member Clapp. Mr. Vonniuag said the 2.000 distance would allow for eight Responding lo Mayor Bums. Mr. Vonniuag said 1he ones now would all be grandfathen:id in . ..... I· • Ea&kwood City Council Jaae 2, 1997 Pqe25 0 - COUNCIL MEMBER VORMITIAG MOVED, AND IT WAS SECONDED, TO AMEND COUNCO.. 81LL NO. 46 TO CHANGE THE 2,000 FOOT DISTANCE REQUIREMENT TO A S.-FOOT DISTANCE REQUIREMENT. Ayes : Council Members Vonnittag, Wiggins. Clapp. Bums Nays: Council Members Nabholz. Habenicht , Waggoner Motion carried . a>UNCIL BILL NO . 46, INTRODUCED BY COUNCIL MEMBERS HABENICHTNORMI1TAG A BILL FOR AN ORDINANCE AMENDING 1111.E 16. CHAPTER 4, SECTIONS 10, 12, AND 13, OF TIIE ENGLEWOOD MUNICIPAL CODE I 985 , PROHIBmNG PAWNBROKERS AND AlITO PAWNBROKERS IN THE B-1 BUSINESS DIS11UCT : ALWWING PAWNBROKERS AND AUTOMOBILE PAWNBROKERS AS PERMITllID PRINCIPLE USES IN 11iE B-2. BUSINESS DIS11UCT WITH DISTANCING REQUIREMEIIITS : AND ALLOWING PAWNBROKERS AND AUTOMOBILE PAWNBROKERS IN 11iE 1-1 INDUSTRIAL DISTRICT AS PERMI1TED PRINCIPLE USES Willi NO RESTRICTIONS . COUNCIL MEM8ER VORMITIAG MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (iii), COUNOL BILL NO. 46, AS AMENDED. Ayes: Council Members Nabholz. Vonnittag. Wiggins. Habenicht. Waggoner, Clapp. Bums Nays : None Motion carried. • • * •• (vii) A recommendation from the Department of Financial Services to adopt a bill for an ordinance IN:IIIICting a scction of the Englewood Municipal Code pertaining to Pawn Brokers liocming and removing this license from the moratorium and amending the ~ive date was aJIISidcrcd . Council Member Habc:nicht said she pulled this item from the Consent A8CRU because it was addraaed bolh in the public comment scelion and people were trying to addRSS it in the public hearing ICClion. although it was not appropriate for that and some of the pawn shops have indicated a amcem about doing the fingerprinting . She said she just wanted to clarify and that her undcrslanding was that Safety Services was meeting with some of those pawnbrokers and pawn dealers to talk about what this was and how it would not be a panicularly onerous kind of thing. City Allorncy Brotzman advised we did meet with them and we may still have a disagrcc:menl. He asked Sgt. Collins to explain the reason that the Department of Safety Scrviccs has n:qucsted this and why they still feel strongly that it should be kept in the ordinance. Council Member Habenicht asked if they will explain that. Council Member Wiggins cornmenlCd that they do it in banks now . He said when you go in to banks you put your liltlc fmger on a lillle pad, ii docsn 't leave any ink. Mr. Wiggins pointed out. in the document submilled by Mr. Kaufman ofU. S . Pawn, it has two lilllc columns indicated a fin,crprint . He opined it is about as easy as anything you will ever find. He pointed out the State of Colorado requires it on your drivers licicnle. Council Member Wiggins said he docs not think it is an onerous thing to a person to put a lilllc fingerprint on it. Council Member Vonnittag pointed oul that on the same shcec it goes back to 3 of ·73 thal they have been taking a fingerprint so ii is not like this is anything new . they have been doing this for over 20 ycan. Council Member Habcnichl said it is also her understanding. and that she may be wrong, but that she thought, because of the mail in ballot. lhcy were thinking of validating voting with fingerprints too . She stated there seemed to be some concern so she 1hough1 it was imponant to addrca it . .... •. ... I· • Ea&iewood City CCN1ncil J•ael, 1997 Paae16 0 • Sgt. John Collins said he agreed with Mr. Kaufman. that there are nol a significant or overwhelming nwnbcr of cases that a,me through. However, in hying to fine tune the detective bureau. which he said he is responsible for, they may get a few cases a year that cannot go forward because: they resolve a IOI of the pawnbroker cases on handwriting. He explained that is based upon opinion. not scientirlc fact, and due to lack of outstanding exemplars of an individuals known handwriting many of these cases die in the water. He said his feeling is that with a fingerprint you have scientific methods to follow in order to resolve a case. Sgt. Collins a,mmcntcd that whether it is one, two or three throughout the year you still have victims on the one side versus pawnshop customers on the other. To him. he said. the victims arc imponant and whether it is three, four or five throughout the year it is significant to him. He does not like to let one get away. Sgt. Collins said they try to make it as non-inuusive as possible with inkless pads. Banks arc going to them now, he said, due to the significant number of forgeries and basically they would like to follow suit to keep up with ii. TIie City Clerk read Council Bill No. 43 bY title: COUNCJL BJLL NO. 43 . INTRODUCED BY COUNCIL MEMBERS VORMITTAG/HABENICHT A BILL FOR AN ORDINANCE REPEALING TITLE 5. CHAPTER 12, SECTION 4. OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO PAWNBROKERS AND RE-ENACTING A NEW CHAPTER 15. AND WHICH REMOVES PAWNBROKERS FROM ORDINANCE NO. 25, SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (vii) -COUNCIL BILL NO. 4J. Council Member Vormittag asked approximately how many of those people have actually been caught. of the 25 or so stolen goods that slie said the police found in their possession. Sgt . Collins explained that it is diffiaill to pull those statistics up because of the way cases are basically broughl forward . He IIOlod you may have a burglary or theft case that may not result. in the end. as a pawnbroker \--iolation . He said he wouldn't argue with the fact that people get their property back. but that he would argue that a sigaificanl number do not get prosecuted due to the handwriting or any lack of any bdter ability to proaxu1e tllcm. Council Member Vormiltag asked if somebody stole some equipment and was going to pawn it, wut arc the chances of him pawning it with a fingerprint saying who pawned that stolen equipment or •1ialever. Sgt . Collins said he was not sure what Mr. Vormittag was driving at. Mr. Vonnittag explained thal all he is saying is that if this guy knows he Slole it would he put his fingerprilll with thal stolen equipmelll in a pawnshop. Sgt . Collins commented that a lot of these people arc not rocket scientiSls . He advised that what's coming upon us IIOII' arc false ID 's . If a person has been busied before for a pawiibroker violation. he may figure that if he just kind of ICrilJbles his handwriting, or scribbles his firSI initial or altcn it in some way. they won't be able to catch him. Those are IOIIIC of the angles the)• •ill take. he said. and that's wbY they arc crooks and a lot of them go to jail. bccau9C they do not learn from their fina offeme. City Manager Clark said he thought what Council Member Vonnittag was asking was how much of a determit is this. In other words if )'OU stole an item. and knc,I• that you had lo leave a fingerprint. is that a deterrent to attempting to fence it through a P"'II shop. Sgt . Collins Slaled that. based on 20 years of experience. he would ha,-c to think that they would think t•ice. Because. whether or not they arc able to figure out that handwriting is an opinion and a fingerprint is a fact . or a scientific process. that they would have to think twice. Council Member Vormittag said thal was where he was kind of going with that, that it would probably be easier to find the criminal who stole the goods. He commemcd that he personally has pawned Sluff and he "'OUldn 't ha\•e any problem leaving a fingerprint behind on lllllldhiag be wa1 going to pawn or had already pawned before. Because. he noted. he has nothing to hide • a replar I· • • • •. E•&kwood City C1111acil Jaae2, l9'7 Pqe27 customer. Sgt. Collins advised that even with the advent of false ID's and what not, we do have the ability of AFIS . Which is what they use, he stated, if they come up with a questionable document with a fictitious name, but a real fingerprint. They run that through the AFIS computer and if that person has been arrested before, within the Seate of Colorado, it will kick out their true identity . Ayes: Council Mcmbcn Nabholz, Vormittag, Wiggins, Habenicht. Waggoner, Clapp, Bums Nays: None Motion carried . ••••• (viii) A recommendation from the Department of financial Services to adopl a bill for an ordinance re-enacting a section in the Englewood Municipal Code pertaining to Temporary Employment licensing and removing this license from the moratorium and amending the effective date WIS considered. Council Member Nabholz said that she just needed some clarification. She asked. if she were to vote on this tcmporlly cmploymcot issue, if it could be conslJUed as a conOict of interest due to her public input prior to this time . City Anomcy Brotzman advised that all Council 1DCD1bcrs have public opinions and all Council IIIClllbers bring thole to the table. He poilllCld out that as long as she is lillilCDing to the public hearing, and bearing what CYClybody is saying. that it is appropriate to vote on this ordinance . CXXJNCIL BILI.. NO . 42 . INlllOOUCED BY COUNCIL MEMBERS WAGGONER/WIGGINS A BILL FOR AN ORDINANCE REPEALING 1111..E S, CHAP1cR 13. OF 11IE ENGLEWOOD MUNICIPAL CODE 191S PERTAINING TO TEMPORARY EMPLOYMENT SERVICES AND RE- ENACTING A NEW CHAP1Bl ll. AND WHIOt REMOVES TEMPORARY EMPLOYMEm" SERVICES FROM ORDINANCE NO. 2S. SERIES OF 1996 WHIClt PERT A1NS TO 11IE MORATORIUM ON LICENSES IN 11IE Cl1Y OF ENGLEWOOD. a>LORAOO. COUNCIL MEM•Ea WIGGINS MOVED, AND IT WAS SIC'ONHD, TO Al'l'llOVE AGENDA ITEM It (a) (Yiii) • COUNCIL •D..L NO. •z. Ayes : C.ouacil Mamas Nabllolz. Vormiaag. Wigial. Habeniclll. Wagoner. Clapp. Bums Nays: None Motion carried. (b) Appro\'al of Ordinances on Socood Rading COUNCIL MEMHa HAaENICHT UMOVED It (II) (iii) PROM THE CONSENT AGENDA. COUNCIL MEM8U WAGGONU MOVED, AND IT WAS SECONDED, TO APPIIOVI: CONSENT AGENDA ITEMS It (II) (I), (Ii). (h'), (Y) aM(wi) ON SECOND HADING. (i) ORDINANCE NO . 40. SERIES OF 1997 (CX>UNCII. BILI.. NO . 34 . INlllOOUCED BY COUNCIL MEMBER WAGOONER) AN ORDINANCE APPROVING AN AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD, COLORADO AND sot.mi ENGLEWOOD SANITATION DISTRICT NO . I FOR MAINTENANCE • . ... ,; • • Ell&kwaod City C111111eil Jae 2, 1''7 •-.21 • • ... I': OF SEWER LINES OF 1llE DISTRJCT LOCATED WITiflN 1llE CITY OF ENGLEWOOD BOUNDARIES. (ii) ORDINANCE NO . 41. SERIES OF 1997 (COUNCIL BILL NO . 37 . INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AU1HOIUZING AN OIL AND GAS SURFACE OWNERS AGREEMENT WITif UNION PACIFIC LAND RESOURCES CORPORATION. AND EASEMENT. RIGHT OF WAY . SURFACE USE AGREEMENT WITif HS RESOURCES AND A LE1TER AGREEMENT WITif HS RESOURCES . (iv) ORDINANCE NO . 42 , SERIES OF 1997 (COUNCIL BILL NO. 48. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AMENDING 1llE GOLF COURSE RESTAURANT CONCESSIONAIRE AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD AND JOQ CORP . (v) ORDINANCE NO . 43 . SERIES OF 1997 (COUNCIL BILL NO . 49. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE AU1HOIUZING AN lNTERGOVERNMENT AL AGREEMENT ENTITI..ED ~UTILITY PROTECTION AGREEMENT' PERTAINING TO MODIFICATIONS FOR 1llE SOlmiWEST CORRIDOR LIGHT RAIL PROJECT. BETWEEN 1llE REGIONAL TRANSPORTATION DISTRJCT (RTD) AND 1llE CITY OF ENGLEWOOD. COLORADO. (vi) ORDINANCE NO . 44 . SERIES OF 1997 (COUNCIL BILL NO . SO. INTRODUCED BY COUNCIL MEMBER WAGGONER) AN ORDINANCE APPROVING SUPPLEMENT NO . 131 TO 1llE SOUTHGATE SANITATION DISTRJCT CONNECTOR 'S AGREEMENT WITif 1llE CITY OF ENGLEWOOD . COLORADO FOR 1llE INCLUSION OF LAND WITHIN THE DISTRJCT BOUNDARIES . Ayes : Council Members Nabholz. Vonnittag. Wiggins, Habenicht. Waggoner. Clapp. Bums Nays : None Motion carried. • •••• (iii) Council Bill No . 40, amending the Firdighter·s Pension Fu11d and Permanent Disabilily Benefits was amsidettd on Second Rciding. Council Member Habenicht uid that . i11 light of Ille commcnls made . there is going 10 be I meeting of the Fire Pension Board and they would like lo make a presentation 10 the Council about this. She uid she would like to make a motion . COUNCIL MEMaER HdENICHT MOVED TO POSTPONE THE SECOND REA.DING or COUNCIL alLL NO. 41 TO THE SECOND REGULAR MEETING AFRR THE rDlE PENSION .OARD MEETING. . . .. • , 2 • Ea&lewood City Council J .. 2, 1'97 Pa,:e29 • , . • She ltatCld that would give them time to communicate with Council and then Council could pass that if tbcrc were no changes. Mayor Bums said he would like to have Director Gryglewicz comment on this. City Attorney Brotzman 111gcaed Attorney Martin Semple address this. Mayor Burns advised that Manin Semple. our special aJUDSCI on labor matters is here, as well . Mayor Bums said he thought Council would like to know the 5lalus ol' any discmsions with the firefighters about this and wbctbcr they do plan to have fwthcr discussion at the pension board mcding . Attorney Semple advised that as far as the actual ordinance itsdf, in connection with collective barpiniDg. it is DOl contained in the a>llcctive bupiniag agreaneiM right now . And. he said. tbc origiul impetus to make this change is baled on a requirement ol' State Stalutc that spccifa that the local jurillliction has to make a determination in ClOllnection with all new firefighters hired on or after January I , 1997 . He stated that the local jurisdiction is required to pay 2.4%for Death and Disability Benefits for those individuals. As to how 1ha1 payment is made. whether ii is splil and made by tbe jurisdiction itself, is determined at the local level . Attorney Semple stated lhal should have been done earlier than right now and that was the original impetus for the amendment of tlic ordinance. He pointed out that the odla' aspect is, that Council has approved on second reading. an identical amendment in connection with the pol~ Death and Disability Supplemental Benefits. He stated that , at this stage. he did not think the collective bargaining process. as that ordinance is cum:ntly set up. has any real bearing on it Mayor Bums asked if there has been some understanding or discussion that Ibis is supposed to come before the Pension Bo31d . DiRlCIOr Gryglcwicz stated that actually he only diliCUSSCd two ililUCS with the firefighters . He said in a discussion with Attorney Semple, and a member ol' Administrative Scrvica, it was decided they would not put that into this ordinance. Mr. Gryglcwicz advised that he made no promises to discuss this at the Pension Bo3ld Meeting itself. He noted it may discussed a1 the upcoming meeting but it has no bearing on this ordinance ilsclf. Attorney Semple pointed out there is no change in this ordinance with regard to any ol' the funding mechanisms . That. he said. is not an iSIIIC at all . He advised that the only ial iSIIIC ia rclatioasbip to the Pension Bo3ld is that the Council is setting a basic standard that the Pension Boa,d has to abide by , but the functions of the Pension Board are exactly lhe same. He stated the funding is totally unaffected by the changes. But, Mayor Bums said. there is a standard as far as Pennancnt Disability. that he uadcnlands is involved in this ordinance. Attorney Semple said that is a>rrcct. Mayor Bums asked if that is Statutory. No, Attorney Semple advised. that particular standard is over and above what they are entitled to under the Statute. lbc standard that is written in. he stated, is intended to be the same standard that is applied for pcnnancnl disability by tlic FPPA . TI1a1. he noted. is whal it refCffllCCS . Council Member HabcniclU said it is her understanding that members ol'the board had uked to IIICICI with Council prior to this coming to Council . She noted there bas bcca a mish mash ol' milalllllllWlicat and misundcntanding. She said she docsn 'I think it has anything to do. na:esurily. with whctbcr or not this would or would not go . Ms . HabcniclU opined when we are having prablems ol' this kind ol' communication where it is unclear that she felt ii -appropriate to have that Boa,d IIICICI . And if iadced they do feel they need to communicate something to Council that they llavc that opportuDily to do .,, Ms . Habenicht stated that is why she moved for the pollponemcnt. She said she would like to hear what their concerns are . ...... • ... •· • Ea&tewood City Couacil · Jue 2, 1'97 PqelO • • Council Member Vonnittag asked Director Gryglcwicz what this would bun to delay it three to four weeks. Dirulor Gryglcwicz said that as Attorney Semple alluded to, the police have aliady bad thcin written. an identical ordinance . He advised they wanled to have them bodl in place. He said thal he would guess it oould he delayed. but that they would like to Fl this taken can: of as soon as polliblc. Attorney Semple staled that the primary impetus for making the changes to this ordinance deal with the Slale Slalute. Essentially, he pointed out, an action should have been taken on it back in January. BecaUle, he explained, 8ll)'ODC that is hired as of J-.,y I, 1997 the determination should be in place as to bow the manclaaory payments for dealh and clillbility are going to he taken can: of with rqard to thole particular firdightcn. E\'CIY day that goes by you are just putting off the inevitable in terms of having to lake -action on this. COUDCil Member Clapp said there --aJIIClCl1IS expralCd a while back. and she agreed wilh Council Member Habenicht. that she does DOI think a couple of weeks will bun anything to figure out what cxacdy those c:onccms are and talk about them . Mayor Bums oommcnted that he is DOI a>nvina:d that this nccds to be continued paniadarly. 1M, he noted, they did ask for some l1IOle information a couple of mcct.ings ago, which they haven 't exactly received . He &aid he would guess it may be presented at the pension mccling. He noted he is on that Board and if Council wants to a>ntinuc this for awhile to Fl some more information. it is okay with him. Council Member Vonnittag commented that maybe it will cleared up by then. anyway, during their meeting and they won't have any problem with it . Mayor Bums advised that he talked IO Attorney Semple a liltlc bit aboul this and he DOied that there is a Stall: S&alule that has to be a>DSidcred . He opined they should DOI delay this \'CIY much. Council Member Habenicht staled she is not sugclting tabling it inddinitdy. She poinlc:d OUI that is why she sugcsled poltponing it to a point certain. So they will vote on it again and it will a,mc forward . She said she was sugclting it be two meetings after that meeting to give Council time to hear what they have to say . Ms . Habenicht noted that one mceting might be sulficicnl. shcjlal thought two was safer. Council Member Vonnillag said they will ID out that far and if it CXIIIICS back to Council sooner. and they are lltisflcd with it, Council c:an \IOlc on it -,-. COUNCIL MEMBER VORMl1TAG SECONDED THE MOTION. Mayor Bums said it has been moved and ICCIOlldcd to postpone this mailer until Council's IICICOlld meeting after the next pension meeting. Disamion CIIIUcd regarding the timcfnunc. Mayor Bums pointed out thal thal puts them into July. Council Member Habenicht said no longer than two weeks after their mccting is whal she was sugcstiag. Mayor Bums asked if that was two IIICIClinp or two weeks. Ms. Habenicht said that will be two wau. So, Council Member Vonnittag said. they will lllCICI ncKI week and Council will ... in two WCCIU after they mecl. So. Council Member Clapp said. we arc putting ii tine weeks Cllll . Mayor Bums said yes tbal will be about thn,c weeks out. Ayes : Nays: MotiOII carried . Council Members Nabbolz. Vormittag. Wigia Habcaic11t. Waggoner. Clapp. Bums None • . • ------------------------,.---------------------------- • 0 • E•&lewood City Coundl Jaae 2, 1997 Pacell (c) Resolutions and Motions (i) A recommendation from the Depanment of Public Worts to approve, by motion, a construction contract with Thoutt Brothers Concme Contractors. for Concme Program 1997 in the amount ofSl66.877.SO, was considered. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (c) (i). Ayes: Nays: Motion carried. 11 . Replar Apa Council Members Nabholz, Vormittag, Wiggins. Habenicht, Waggoner, Clapp, Burns None (a) Approval of Ordinances on First Reading lbere were no additional items submitted for approval on first reading. {Sec Agenda Item IO • Consent Agenda.) (b) Approval of Ordinances on Second Reading lbere were no additional items submitted for approval on second reading. (Sec Agenda Item 10 • Consent Agenda.) (c) Resolutions and Motions {i) Director Fonda presented a rocommendation from the Littleton/Englewood Wasacwater Treatment Plant Supcrviso,y Commiucc to llpprO\'C. by motion, an engineering contract with Brown & Caldwell in an amount no1 to exceed S 177 .soo for Trickling Filter Repair at the Plant. He explained we are engaging Brown &. Caldwell because we need their help in evaluating the collapse of the filter media. Much of this work. he advised. has been done because wc had to move on it to avoid polClltial permit violations later. However. he IIOICld. WC ha\lC divided the ICMQeS illlO two calCgOrics . Mr. Fonda explained thal a great deal of the money is being held in CICl'OW, pending the OUlcomc of whether wc are able to settle with Brown & Caldwell on the media collapse. repnling the responsibility and who will be paying. Given that. he said. wc will hold the money in c:scrow and sec how the negotiations go . He stated that this contract provides that, while we move forward with replacing the media and getting the thing operational . Mayor Bums said then that is why it is written not to e"cccd certain limits. rather than a specific limit. Director Fonda said )'CS and if they find that additional work is necessary . since it is a difficult thing to define. then they would have to come back and we would have to authorii.c it in writing. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY MANAGER TO SIGN AN ENGINEERING CONTRACT WITH BROWN A CALDWELL TO PROVIDE TRICKLING FILTER REPAIR ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED S177 .. W. Council Member Habenicht said it is her undcntand.ing that this is in c:oajunction with bolh the City of Lillldon and the City of Englewood. Or. she asked. is this jusl us. Dinaor Fonda advised this is split. •. .. •· 0 ... 1~ 11-~ 1 HI lfi llililii u•r Hf p I n Uf u 111 € I I Ha i1( lil!lUl iUI UuL l __ i! !a ( l ~ t Ii. r I IJ II I "ri· '1"" -• r Ii I i1·· J. i J 1-~ i _: ~! i _11 !~ lt1rrtf11i11 I 111r _ - Ii IE ~,-.~j ;, iJllil:ii •t,if t!•i,'1 'fl i, , ! i I' ra r J 'i11 1 •(l l ir •I 1.: rr rJ :Ii n_r1: !.l•1l11r ··1! I ·• 1~fa.l 'I r . f.J . I J A: l . • 1 • ~II' f ij ~ 1 l t i ··1 1 I'. ~ ft t !.l s ! i ~ f I (~I I I' i • ~ f ~ •i ii J &! it' J(!tJ~(I 'ii ·~t;il I !i I• ,1 1~ IJ •1 11111:t J, f!t'f ,~ 1 1 1 •. • I i I cl i: 1 I t I ~ f • 11 1, i I IJ I• I 11 ii '1!l~lif Jr. ~~~J, I Ii I' . \ ! .. tJ ._.,.1 r·. ~[! Ii w if I · S i 1 lit : J ·a·Q I if l I'.$ s a. •. , . " F I . . . 7 . .. ·, . • E•&lewood City Council Jaael,1997 Pqe33 • • • 3 . As you may know, Mayor Bums said, SlaJbucks jUSI opened in the King Soopcn; parting area lasl wcaend. He said he understood they will have some kind of a ribbon cutting one of these clays . Mayor Bums commented that it is good to see a new business at that location. (b) Council Member's Choice (i) !Clerk's note: The Executive Session to discuss personnel matters and compensation of the Municipal Court Judge, City Allorney, and the City Manager, was poslponcd.l (ii) Council Member Nabholz: I. She said, as was stated earlier, she has some queslions about the addras that Mr. Start brought up, 2840 South Sherman. Ms. Nabho1z advised that it was her undenlanding, from talking to Mr. Start today, that there has been approximatdy three years of on going problems at that property. She stated that Mr. Start sho\'cls the snow off that sidewalk and in 1996 he paid half of the clean up bill. Per the "-ir's office, she IIOled, this is owned by three dilferent individuals. She advised she has their addreslles and phone numbers. She said that. after w.ilking around this property. she felt Council really occds to take a close look to see if there has been any contacts with the owners within the last three years, any citations issued with regard to the code violations and who makes decisions when Joyce Parsons, in Code Enforcement. is on vacation. Because. she advised. Mr. Start staled his frustration that a decision would be made oacc one of the code cnforocmenl officers came back from vacation and more time lapsed from then. Mayor Burns asked if this is a residential. Council Member Nabholz said yes, that basically the house has been bulldozed and it is a real mllcction place for trash, tires, dead mice, aquariums. you name it. Mayor Burns suggesaed it should be put on the liSI for the BUILD Program. Council Member Wiggins agreed. Council Member Vormiuag advised that he turned th.11 property in about a year ago. because be wanted 10 do a Projecl BUILD tbcrc. ud the people l1al out refused to sell it. He noted it is an estate somehow. it is really messed up ud the City bas a liea apinSI lhal because we went in and cleaned it and ICIII them a bill. He opined that whal it boils down 10 is Ibey need 10 clean ii up more often. thal ii is a code enfora:menl problem apin. City Manager Clark asked Council Member Vormiltag who rejcCled the idea of Projecl BUILD when that was turned in. Mr. Vorminag advised the owners would no1 sell . Mr. Clark IIOled Council can exercise Emineal Domain. Council Mclllber Wiggins aJIIIIIIClllCd that maybe lhal's the way 10 go. Council Member Vonniuag IIOlcd dill is _..,bing we haven't done IO let's get OD that . Mayor Bums said be didn'l lhink that had been done in the BUILD Program yel. bu1 ii migbl be something 10 consider. 2. She nolcd lhat the Clean. Green and Proud Commission understood 1ha1 in January City Council agn:,ed to give $600 toward their golf tournament, which is Friday. She noted Council has alloc:aled S400 lo this. They were wondering if the City would be intcreSled in sponsoring a hole for $ISO . COUNCIL MEMBER NABHOLZ MOVED, AND IT WAS SECONDED, THAT THE CITY SPONSOR A HOLE FOR S1!18 FOR THE CLEAN, GREEN AND PROUD GOLF TOURNAMENT. Ayes : Nays : Mo1ion carried . Council Members Nabholz. Vonnittag. Wiggins. Habenicht. Clapp, Bums Council Member Waggoaer ... •· , -----------------------.. • Ea&tewood City Council Jaae 2, 1997 Pqe.U • I• • Council Member Waggoner stated that the reason he VOied no is because it is not being held at the Englewood Golf Olune. Mayor Bums said that he UDClenlands we arc working on that. (iii) Council Member Vonniuag advised he will submit his rq,on to Council on his trip to Las Vegas two weeks from now, when they have their next Council meeting. He said it was really great. (iv) Council Member Wiggins: I. He noted that Mr. Hany Lester mentioned the Gothic Theater and he agreed that Mr. Lester is correct. The weeds arc aboul a foot, fOOI and a half high down there in front of the building, right on Broadway. Council Member Wiggins QOlllimnled that lic-idjult as mon hope we oould QOIIIC in tbcrc and demo tbal thing and lake it out. City Managcr Clart said be dlove by tbcrc last week and no6ced that. He advised he had a meeting with Harold Cdva of EDDA lall Monday and they talked about the Gothic and he -trying to ask where they arc on that . He llalcd they arc noc too far along, but he no6ced tbc weeds, the windows and some of the broken glass. He agn,ed it looks pn:Uy patbclic O\'CI" tbcrc. City Managcr Clark advised that he din:cted Safety Scrvica about Tuesday or Wednesday of last week. to go ahead and initiate some oodc inspections on that and llql up tbc heat. Mr. Clark Slated he would go ahead and find out where they are on that and rcpon bact to Council . Council Member Waggoner stated he would be curious about tbc claim that transients arc living in there. City Manager Clark said they will sec if they can chcdt the building for transients. that they were mostly going to look at the outside. He reiterated that ii is looking pretty bad and he COIIIIDCIIICld that tbcrc arc a ClOUplc of other propc,tics in that area that are looking bad. the weeds arc growing up on the walk . 2 . He advised that the reason he abstained from VOiing on the minulcs -because he did not receive the minutes from tbc May I~ meeting. He asked that he be ICDt those minulCS . He said he had ; ... assumed they had not been typed. 3. He asked City Allorncy Brotzman how wc arc doing on the acquisition of Home Lumber. Mr. Brouman lldvised that tbcrc is a meeting scheduled with Mr. Gudz tomorrow or Wednesday. that we basically have a deal. He noted thal financially it is; ... the issue of clean-up and dcflllillg whal tbc sundanl is on the clean-up. City Allorncy Brotzman staled that righl after that meeting he can give Council a very good indication of when wc will be owners of the property. 4 . He imnlioned that he talked to Jerrell Black, and the new open space coonlillllor Dave Lee, about monitoring Belleview Park. He advised thal they had a pn,blem wlicn thcy pu1 tbal big 1e11 fool wide amcrcte pathway. They built it right over the valve station and somehow or other it goofed it up and made a mess and they couldn ·11um on the sprinklers to Wala tbc lawn. Council Member Wiggi• llaled they have taken all s&cps to correct it and they arc finally going to waler and make it look half way decent again. S. He said he would move that Council noc go into EllOCUlive Session following this meeting rcprding the items they arc suppose to talk about. Because. he nocal. al this rate of dilCllllion they will be here until I :00 or 2 :00 in the tnomi11g . He felt Council should postpone the meeting. becausc they have alrady had two public hearings this evening. Council Member Wiggi• llalcd tbal is jull his rccommcndalion and if anybody makes a motion to go into Executive Scssion he will \'Ole agai• it Mayor 8unls OIIIDIIICDled tbal he -id go along with thal II lhey appnM tbc salaries rctnadiYe to tllc firs& cl the year. He said he had talked to Allorncy Semple. Mayor BurM llid lie did nat diillli tllc City Manqcr • s salary is up II this point. that they had just established tllc City Mau,er 's salary ud tlley • . .. • I • Englewood City Council June 2, 1997 Pa&e35 • 0 • were going to do a m'iew . He asked City Manager Clarlt if he agreed with that. as he was surprised to sec that on lhcrc. City Manager Clark said that was his undcrslanding. because they have been on a separate process on that. Mr. Clark noted it was also his understanding that Council had a dcsin: to keep the issue moving on, so he thought that was why it was thrown in with the others. He stated that he docs not n:ally have a problem if Council dclctcs that . Mayor Bums staled that if it was all right with everyone they would postpone those two matters. (v) Council Member Clapp: I . She a,mmcnted that she would like to follow up on a couple of things. She said it seemed to her that Council was cntcnaining the thought of meeting with citizens on a monthly basis. that they also talked about codc enforcement, and possibly getting a citi7.CIIS amunittcc together to address some issues. Council Member Clapp staled she is concerned because these arc things that Council is throwing out there. that they would like to move forward with . and they an: not addressing them. She asked if they could address them at a study session in the near future as to how they arc going to achieve lhcsc. City Manager Clark said on this monthly thing there bas been some dialog bdwccn Pauletta Punocrdli, Mayor Bums and Council Member Habenicht and wc arc trying to pin clown exactly when: wc arc at on that. Mr. Clark advised that they could use some clearer Council direction as to what they had in mind on that . As far as the code enforcement, he said. they did make that oiler at the planning session that they set up some type of a citizen's advisory group to worlt with the code enforcement people. Tiiat's going into those goals. However. he noted. they really liavcn 't got a clear direction as to how soon they want to go on that. But. he said. they an: still very supponivc of thal. wc can go ahead and stan that process now or whel1C\ler Council's comfon factor is. Council Member Clapp asked if she could ask bod, Council Member Vormittag and Council Member Nabholz. as they both sit on the Clean. Green and Proud Commission. if that would be something that maybe Clean. Green and Proud would be intcrcsted in or if they should take another avenue and do something different. Council Member Nabholz advised that Clean. Green and Proud bas a very full plate, that they don 'I have enough volunteers as it is or enough hands or lime. Council Member Vormittag agreed. Ms . Nabholz opined that ii needs 10 be more than just one board or commission, that it needs to be every dcpanment. every citizen. every homeowner and renter. She said it needs to be a larger scale . Council Member Clapp said perhaps they could put this on a study session for discussion. but al a later date as it might take awhile. Mayor Burns commented that he felt it was appropriate to review those goals and things Council established. He noted there bas been some confusion about this. but he felt they could clear that up. Regarding the monthly meetings. City Manager Clarlt advised that where the confusion is. from the staff level . is whether Council wanted to just continue to do study sessions. but to take them out into the neighborhoods. Similar to what Littleton docs. Or. he asked. do they want an open-ended type or a special Council mccting where they go out and you just invite people to attend. City Manager Clark stated thal is where they need direction as to wliat Council wants to do . Mayor Bums said wc have the Tent Talks, but that he was thinking about going out and having a study session. He noted he understands that the cities that do thal. I hat the idea is lo liave it out of city 11311 . To just go out in the neighborhood, go into a neighborhood school or where ever and liave a study session out in the neighborhood. He said that is what he was thinking of. Because. he pointed out . with the Tel11 Talks wc arc liaving open meetings anyway. to have people come in and talk about various things. He said he clocsn 't know what ocher mcmbcr1 or Council arc thinking about . but that was his thought on this. I· , • En&tewood City Council June 2, 1997 Page36 • 0 - City Manager Clark advised lhal the other thing thal came lo !heir mind was 1ha1 if Ibey are going 10 have a meeting. where you are going lo invile ciliZCIIS in 10 give input. 1ha1 thal may have 10 be a special Council meeting. As opposed lo a study session. which is more where you are studying a panicular issue as opposed lo where !here is a little more structure 10 ii . Council Member Wiggins said thal is right, if you have one of those they have the procedure of discussing panicular issues. He noted when you open ii up to the citiz.ens they will have ~ng of a,ncem that clocsn 'I hit lhe agenda. So, he said. you are going to have to gear it accordingly. Council Member Vormittag said in other words ii would be just like one of those Englewood Something lo Talk About meetings. Council Member Wiggins said righl. Council Member Vormittag comrnenled that thal is whal ii would boil down to. Council Member Habenichl asked if Council was discussing 1his now or if they were going 10 discuss Ibis at a study session. Mayor Bums said thal is a good question. He felt they should probably discuss Ibis at a study session and formulaic what they wanl to do. Because, he comrnenled. he did not think they would get it done here at this lale hour. 2 . She said she just wanled to bring lo City Manager Clark's anenlion 1ha1 she received in lbursday's packet. the 29"', a leller from Arapahoe County inviting Council 10 a couple of meetings on May 28"' and 29"'. She poinled oul 1ha1 ii really doesn ·1 do any of them any good to get ii on the evening of the 29 ... that they can't make any arrangements lo go. Council Member Clapp staled ii was nice to be inviled to the Round Table. she though! Ibey called ii. bul she needs a little more notice in order 10 make anangernents 10 go 10 lhese things. Cily Manager Clark asked whal date was stamped on the letter indicating when it was received in lhe office. Ms. Clapp said she looked for lhat and she couldn ·1 find a received dale on it. Mr. Clark staled he would check inlo ii and find oul whal happened. Council Member Vormittag advised that ii was aboul lhree. four or five days prior because he had one mailed to his house, plus he got one in the packet 100. Ms. Clapp stated she did not see one in the mail. Mr. Vormittag said he received one because he is on 1ha1 comminee lhing and he was sure he got ii in the mail lhe same day the City received ii. So. he noted, ii probably set in lhe bo,i; four or five days . 3 . She commented she had noticed a Idler in Council's packet from lhe Library Board. it was a nice Idler supporting Hank Long. Council Member Clapp said that lhe one disturbing lhing lhal she saw in !here is thal ii was not a unanimous Idler. lhat there was one .-r1y 1ha1 was missing. Council Member Vormiltag asked who. Ms. Clapp advised it was Sandi Ostema. Council Member Clapp said she is a little disturbed thal her sig11a1ure was not 011 ii and 1ha1 ii was her understanding 1ha1 Ms . Ostema was not inviled either. that lhc letter was not given lo Ms . Ostcma. Ms. Clapp staled 1hat she is a little ooncemcd thal we have a board lhal is not including everyone. even if you have one person thal docsn 'I necessarily agree. thal is okay. She said she wanled lo bring 1ha1 lo lhe Council's anention. that thal wasn '1. to her knowledge. the way 1ha1 ii was handled. 4 . She said she is curious. wilh lhe Cinderella City silC. if lhere is anything 1lia1 would procect the City from low income housing being buill on !hat site. City Manager Clark advised !hat the zoning authority, righl now. is zoned for busillCIS. Only. Ms . Clapp said. She asked if thal mams no housing. Mr. Clark said yes. Din:ctor Simpson advised lhal is not true. thal residcnlial uses 10 some extenl are pcrmined in 1he B-1 Zone District . Cily Manager Clark poinled oul thal we are requiring anyone !hat would come in to subtnil a PUD. Mr. Simpson said they have to have a pn:dominance ofbusillCIS. But he noted. in lhe B· 1 Zone District righl now you can have residcnlial uses . He explained thal is why you get thal mixed use affect !hat lhe downtown l.OllC district has. which is having retail on the first floor and living above . 111al. he said. is kind of lhe direction ii was always 111tanl lo be used in. Mr. SifflllllOII said he 1houghl that hcM· that could be l.lkcn on the Cinderella City site. and lakcn to I funher extent. would be wonhy oh little bit oCrcvicw. City Manager Clark agreed that -true. thcorelically. However. lie llid, at some poinl whoever wants to develop OWT 1here is going 10 ha,'C to come to the City of Englewood and we are going to be insiSling upon I development agreement and I PUD submittal on that site. And, lie ' ... I· • Englewood City Council Juae 2, 1997 Pacel7 • 0 I • - IIOled, so far al least with the curlml developer. wc have been insisting lhal lhe City maintain majority control of the land underneath. So. he thought tbere were enough checks and balances in the system that we will do whatever wc can to maintain Council authority and Planning and Zoning authority over what happens over there . But. Council Member Waggoner maintained. they can 't take the whole silc and build just low income housing. Direcl0r Simpson said that is corm:t. because of the fact that it is a general business district. that you would be required to hold the zoning district in a praiominance of business uses . You could have residenlial uses. which are appropriate and should be encouraged, but those business uses should predominate . City Manager Clark reminded everyone that the City is the majority land holder over there. So , he noted. at some point somebody has got to talk to us and wc will determine which tools in the 1001 box will be used to regulate it. 5. She advised that she nx:cived a n:sponsc 10 a Council request and she would like 10 get a little bit more detail . Ms. Clapp explained this is on values and amounts of money that we can go in debt for and this type of thing. But. she stated. what she thought would be appropriate, and probably very helpful to Ann Nabholz. is a list of propenies that perhaps we have in the works, and liabilities that wc have in the worts and a timeline. Council Member Vormittag asked for a for inslancc. Mayor Bums asked if she means bonded propcnies. Council Member Clapp explained thal she was 1alking about propcnies the City has agreed lo buy. City Manager Clark advised 1ha1 the only propcny we have agreed lo buy is Home Lumber. He noted lhere are several other propcnics that wc are looking at. Mr. Clark staled lhat the list thal was provided was a liSI of propenies in lhe worts. possible propcnies that mighl be acquired. lheir c~-pecled value and source of funding. He pointed oul Iha! all propcnics would still have to come back for Council approval. 6. Ms. Clapp staled she would like 10 add another personnel matter to lhe agenda for Council's Executive Session Wednesday, rather than do ii tonight. 7 . She asked lhal the Second Hand License be brought back lo Council in lhe form of a study session. prior to coming 10 the formal agenda. 8 . She said she understood 1ha1 City Manager Clart was setting up a meeting with lhe Chamber. She wanted 10 know if and when other Council members are going 10 be invited 10 1ha1. City Manager Clark advised thal there are 1wo things he has been discussing with Council . One is a joint Council/Chamber study session and lhe dale hasn't been set yet . He said ii will probably be al lhe end of June or early July. In addition, he advised. the NEON group. which is a group oul of lhc Mayflower Church. inilialed a conlact with the Chamber lo sci up a mee1ing between the business and residential community. Mr. Clark staled lhal we offered 10 facilitate lhal and the last he hean:I was lhat Ibey would prefer 10 go ahead and have 1ha1 meeting themselves. He said ii is still unclear as to whether the City has been invited to lhal panicular meeling. 9 . She asked City Attorney Br<>1zinan for the status of Sland-By . Mr. Bl'Olzman advised it is has been cited. they are doing conslanl enforcement checking 10 make sure that the operation is not operating oul of lhe location that doesn '1 have a license. He said Council does need 10 know that there are SC\'er8I issues. One is that who owns the Stand-By Inds may be in question. He noted 1ha1 even though Ibey say Stand-By on the side. Printers Personnel may own some of those Inds. City Attorney Brotzman staled 1ha1 our officers periodically check and make sure 1ha1 Ille people in lhere are Prinlers Pcnonncl people, thal Ibey are not doing S1and-By . He said 1ha1 is an on-going investigation. Mr . Bl'Olzman advised that ...... ' I • Eactewood City Council Juae2, 1997 Paae38 • • • they have been cited for the time that they were in violation and that is going through the coon system right now. * •••• Regarding the Second Hand Dealers License, City Attorney Brotzman asked Ms. Clapp to a>afinn that she was DOI saying she wanted that back immediately. Council Member Clapp said no. Mr. Bromnan explained that they are going to be Slafling that through the Chamber and the IICCOlld hand stores before it comes back to Council. Ms. Clapp said that is okay, that she was jusl asking that it go through the channels all over again rather than just popping up on the agenda . • • • • • 10 . COUNCIL MEMBER CLAPP MOVED TO DIRECT THE CITY MANAGER TO PURCHASE 111E PROPERTY ON THE EAST SIDE OF 111E DEPOT AT FAIR MARKET VALUL Mayor Bums asked if she was talking about condemning it. Council Member Clapp said no, that she was talking about purchasing it. City Manager Clart asked if she wanted an appraisal with that to establish fair market value. He said it is listed with a realtor. Council Member Clapp staled she didn't know ifwe would need one as long as we are bringing it forward at fair market value. She asked if anyone feels they need one. Council Member Waggoner said he thought they had to have one. Mayor Bums advised that they need to know that the Housing Authority has pulled it ofTlhe market . City Auorney Brotzman stated that they arc going to need an appraisal on that piece of propcny to go forward, it is just pan of the process of purchasing it. Council Member Habenicht said that it seems appropriate. Ms . Clapp said okay and asked if they have to make aDOlher motion to purchase it at the appraisal value. City Allorney Brotzman said no and he explained that once staff' brings this back to Council they are going to have to pass this by ordinance to purchase the property . He advised that they will have the price established al that point or if they don't want to sell it to us Council may see a request to do a condemnation action on that piece ol property illSICad. So, Council Member Waggoner said, right_. all they are authorizing is the appraisal. And. City Attorney Brotzman said. to negotiate for that piece ol property. COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO AU1110RIZI: AN APPRAISAL AND TO NEGOTIATE FOR THE PROPERTY ON THE EAST SmE OF TIO DEPOT. Mayor Bums advised that as Chairman of the Housing Authority he would abslain from any liuther disamion about this, but he said he guaranteed Council that the Housing Authority will have IOllldhing to say about this. In raponsc 10 Council Member Wiggins the mo(ion was clarified. Council Member Waggoner asked if it is a willing seller. City Manager Clart advised they will have to find out . Mayor Bums advised that as of right now the property has been pulled off the market. Council Member Clapp said that ii is her understa nding that they need more parking and that type of thing, that it is just not adequate. She advised that that is why she is pursuing this. .. • , • E.•&lewood City C1N1ncil Jane 2, 1997 Pa,:e39 • 0 t• • Council Member Nabholzasked if she could ask why it has been pulled off the market. Mayor Pro Tcm Habenicht said that she did not think we'd know. Mayor Bums advised lhat as a point or information the Historical Society wanted to buy it and some other people did too. no--cr. he pointed out thal the Historical Society has a fund raising program to raise a considcrablc amount or money through a professional fund raiser . He noted the Historical Society owes the Housing Authority over $300,000 they used to rescue the Depot . Mayor Bums stated that the Housing Aulhority has pulled it off the madu:I to 11eC how the fund raiser would go, as a certain kind of incentive to lleC how the fund raiser would go . He advised thal they have not pursued at this point using the property for housing, which some or the people wanted to do originally. He staled lhey decided just to back off, just ICI the property stay the way ii is and sec how the fund raiser went. Ayes : Nays : Abstain: Motion carried. Council Membcn. Nabholz, Vonnittag, Habenicht, Waggoner, Clapp Council Member Wiggins Mayor Burns 11. Ms . Clapp said 1ha1 if 1he Gothic has broken windows. if she heard 1he gcnllcman right lhat maybe we should take some action lo board those up. She commcnled thal lhal could be how people arc climbing and getting in there. (vi) Council Member Waggoner asked if there is a schedule on E-mail lhat shows all or our meetings coming up. Cily Manager Clark advised 1ha1 usually those arc on lhe calendar or cw:nlS lhal go in Council's packet . (vii) Council Member Habcnichl: I . She commented that she wanted to make: sure thal Council will be meeting Wednesday night al 7 :00 p .m . for the Executive Session. Mayor Burns said yes. Ms . Habcnichl noted lhen ii has 10 do with pcnonncl matters now because they pollponed the mccting lonighl . City Allomcy Brou.man said Altoncy Sclllplc will be there Wednesday night, so ii is up IO Council whc:lhcr they want to put tbesc back on. So. Ms. Habcnichl said. lhcre arc lhrec real c:stale mailers. a pcnonncl mailer and union negotiations, •hich arc pcnonncl matters. and Council Member Clapp's ~nd lllllltcr. Ci1y Allomey Brouman asked if they_. to add the ones from lonight. 1h1111hey arc pollponing. to the list. Council Member Vorminag Slaled that if Allomcy Semple is going to be here lhcy should just do it. Council Member Habcniclll agn,ed lhat as long as he is going to be here they should just do it. Mayor Bums asked bow many diff'cralt subjccls 1hc:y have now for lhis mccting. Ci1y Manager Clark adviled that lhcre arc lhR,c: pcnonncl issues and three real cstale issues 10 discuss with Council. Mayor Bums commented thal thal is a lot . Council Member Wiggins agreed. Mayor Burns staled he did not lhink lhey needed lo load thal up 811y111Cft. Council Member Habc:nichl said okay. Council Member Vormiltag asked how long the union negotiations will lake . Ci1y Manager Clark advised they arc just going to give Council a briefing on where we arc. He said that should not lake mon: lhan 1en or fifteen minutes depending upon Council. Mr. Clark noted lhat wc have exchanged inilial olkrs and so lhey just wanted to keep Council apprailed as to when:: wc arc. He commented that lhey were going to do lhat tonight, but they decided not to as they foraaw the agenda would be lengthy . Council Mc:mbcr Habcnichl asked if Council has to make a motion 10 go inlo Execuiivc Session that night . City Altomcy Brotzman said no. lhal it is going to be a public mceling thal cw:ning and Council •ill go in10 Excc:u1ivc Session . Mr. Brou.man agreed they did not have to do it 1onigh1 . 2 . She said she "-anled lo apologize and olTc:r her regrets as she will not be able 10 make the TClll Talk this week . Council Member Habc:nichl advised lhal 1ha1 is lhe nighl or the Arapahoe Counly Cultural Council mccting. or which she is a mc:mbcr . She noted lhat is the night they will dillribute clole .. •· , • • • En&tewood City Council Juae 2, 1997 PaF40 • 0 • to $800,000 to organi7.ations in Arapahoe County. Ms . Habenicht stated it is a very imponant meeting that she better not miss. She said she regrets missing the barbeque, ice cream. all the good talk and visiting with the people. She said she hopes everyone allending has a good time. 3. She stated she is so excited that Flood Middle School has been designated a Blue Ribbon School . Ms . Habenicht said that is such an exciling honor. She suggested wc keep in touch with the School Districl through, perhaps. the City Manager's office, so lhat wc can do something to help celebrate that when it is appropriate. 4 . She noted she has asked for this in the past. She addressed the earlier comment about how our business community and commercial properties pay so much more property ta." than the residents. She opined that is certainly pan of the Gallagher Amendment that wc are all very, very concerned about. She commented that cenainly has become onerous because of both Bruce and Gallagher. Al the same time, she said, ii is her understanding 1ha1 actually. when ii comes 10 businesses and residenls, lhal wc are property lax friendly in lhe City of Englewood compared lo Dlher cilies. She asked if lhal is not lrue. thal our property tax is considerably lower than a IOI of Olhcr co111111uni1ies both for businesses and residents. City Manager Clartr. stated that yes it is. at least on lhe City levy . He noted he was not sure on the combined levy . But. he said. on the City levy wc are doing very well. mostly due lo sales tax. He said they can put together a comparative list for Council . 5. She stated that she is personally dismayed thal Council passed on first reading an agreement with Equitable and she was really expecting thal Council would have n,ceived it on second reading this time because it would be signed. Ms. Habcnichl commented that she was a little taken aback lhat they didn't receive ii. Council Member Vormittag asked what happened 10 lhat . City Manager Clartr. advised thal he planned lo cover lhal under lhe ncxl ilem . 13 . City Maaa~r'1 llepor1 (a) City Manager Clartr. advised lhat Council received his Cinderella City Status Report in their packets. He 5laled he was noc going to spend I lot of lime on that unless Council bad any qucsaicJns. Mr. Clartr. said that. as Council knows. Equillble received an unsolicited offer from a Florida based real estate developer to purchase Cinderdla City. They are still evaluating thal offer. City Manqcr Clart stated that Equitable has expnsml. to the City. their desire to move t"c>n.-ard with the purchase/sale agreement. pending due dilisence with the other developer. He said lie lalked to Equitable today and t11ey think that they will have a clccision ~ the middle of this wcdt and anctime next wcct. as to whether they will go fonl11rd with thal unsolicited offer . He advned thal . if they should decide not to. they think it will take them about a wed or two to go ahead and Fl all the necessary signatures. He explained thal the documents have lo go lo localions throughout the United States. Mr. Clark pointed out that lhat is assuming Ibey can still do lhal under delepled authority If one of the officers in the company wants 10 bump it up lo board approval that could take abolll 45 cla)-s . In addition. he said, staff has been gathering some information about this. along with some other i-. and lhal was one of the reasons tlley scheduled the Wodnelday night lludy session. II •• to give thc Couacil 10111C addilional information about this panicular issue . He lld\ised Council 1hat Mm::alilc lias 1ea1 badL a marted up licensing II'--' ID us . The City Anonlcy lias llppl'O\'Cd all ol thc tllolc cllaqcs and he IClll ii lo the City Manqcr's otrice today. City Ma-,er Clart llltCld lie WOllld sip off OIi them and Fed Ex them 10 McrQntile He said he did lltach a supplcmcatal memo to Ille repll'I as to •'here Miller/Kitchcll's acti,i1ies are. He stated there are four acti,'ilies he reponed on . Basically. he commented. with our discussions on accommodating the Museum of Outdoor Ans (M()A). they are preparing a pnllpCCtivc tenant progress report . They ha,-e indicated 1h11 they "ill subm1t 1hcir preliminary Pl.JD •ithin two wecb after lhc City makes a final decision on lhc Museum of Outdoor Ans. Mr. Clartr. advised lhat he bad mmc addilional discussions wilh lhcm today on 1ha1 issue and Ibey may be IOftening on that position. So thal I· , • En&tewood City Council J••l, 1997 .. ,. ·, • • (' might change. Mr. Clark stated that we are proceeding with the development agrccmcnt with them. that those revisions have been made and will be brought back for City Council approval . Regarding the Museum of Outdoor Ans, Mr. Clark advised that we have talked to them about the financial a,mmitmcnt and they tried to put together a meeting with them sometime this week. Mr. Clark stated they indicated to us that at least their staff would like to go back and visit this issue with their board of directors. He said that he hoped to brief' Council on those issues he handed out at study session the other night. On Monday night, he advised. they should have most of the staff work done on that. Hopefully, he said. they will have some additional infonnation 10 pass onto Council from the MOA folks. 14. City Attoney'1 Report (a) City Anomey Brouman noted that Council received from the City Clerk • IIOlice reprding an appeal by John Holland. He said Ibis is our first disciplinary appeal since the Charter was changed. He Slated that Council has appointed three hearing olfic:ers at this time. Mr. Brouman recommended that Council appoint Ben Aisenberg to hear the disciplinary appeal on this matter. COUNCIL MEMBERS WIGGINS AND CLAPP MOVED, AND IT WAS SECONDED, TO APPOINT BEN AISENBERG AS THE HEARING OfflCER FOR JOHN HOLLAND'S APPEAL Council Member Clapp said she would ask that they wait one week on that . City Auomey Brotzman advised that they problem is that Council can't do ii next wcelt and Mr. Holland is being set back because of that. Ms . Clapp asked if it would be a problem if they appoinl a hearing officler now and for some reason ii is not necessary . Mr. Brotzman said no. then they would not have a hearing. He advised Council that Mr. Aisenberg was the former Pn:siclent of the Colorado Bar Association. Mayor Bums noted he has known Ben Aisenberg for years and he is a very a,mpetenl attorney. Motion carried. Ayes : Council Members Nabholz, Vormiuag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None * * ••• Council Member Habenicht asked if Council could be put on E-mail whenever they Fl an invitation or something. as Council Member Clapp suggested. Ms. Habenichl opined that it would save Slaff' some time and it would save Council some consternation. She suggested it could be put on E-tmil in cae lbere is a two week lag and they don't Fl a !**ct or something like that. Couacil Member Vormittag said right. but only if ii is dated material . City Manager Clark noted they Fl a lot of Shaff through and they will try to do better and keep an eye on the time sensitive materials. Council Member Habenicht said it would just make ii easier for everybody and then it puts tile responsibility on Council. URNS MOVED TO ADJOURN . The meeting adjourned at 11 : 15 p .m . • • 0 -----------------------~-1 • • 1. 2. 3. 4. • '· AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MONDAY, JUNE 2, 1997 Call to order. '7:/-5' ~ Invocation./).)~ Pledge of Allegiance. ~ RollCall.7~ 7:30 P.M. 5 . Minutes. df/)J..5"-;,1... a . Minutes from the Regular City Council Meeting of May 19, 1997. /AJtMiNlh J (~AJ·.IJO/l44111M, / aJ{(i{;J~) r r-n• -- 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.) 7 . 8 . a. A representative of the South Broadway Car Dealers will be present to address Council regarding the South Broadway Action Plan. b. Mike Gruninger will be present to discuss Council Bill No. 40 (Firefighters Pension and Disability Benefits). c. Vicki Lattimer from Pawn Bank will be present to address Council regarding the Pawn Brokers licensing ordinance. d . Brett Kauffman from US Pawn will be present to address Council regarding the Pawn Brokers licensing ordinance. , No"Sch~V-. , .................... m ...... l_., ,t., IL,J-OU'!.fr A -~'-' 'StJ/1,1,1:. j . /JU, f!l.M,~ ~-~ :,/)/>ff a_. "1 L.lll.T. ~ c.. ti V Communications;l»roclamations, and ·ntments. Proclamation honoring Bishop 8ementary School's Student Readers.~ Proclamation declaring June, 1997 as Recycllng Mont.h~ . Proclamation declaring June 7·14, 1997 as Homeow1•ahlp W..._~ PINN nola: If you,-81a Nlly and nNd ... .., ....• .r1111, ....... nollfy .. Clly of ...... ood (712•240I) at lNat 41 houra In ---,,, ..... WW1N .. ......._ T-* you. .. ····-··--····---.............. ··--...... • •· • t• - City Council Agenda June 2, 1917 Pllge2 9. b . A public hearing to gather citizen input on an amendment to the Comprehensive Zoni~!Odina ?-ttWding Je~~l~~~~ .. .1 ~ IT. ~~ti=...,-.. ,~-r-.._~ Jrn,.~-,. 10. CorJsen.t.~~n~ '7-0 U,~:'''""'VL#. '6 (!l,le(..f<MJ,i /i.c.N""fS /UJNJ?-{) /J;!At»N. /NRU'. ~ /Otf.i1IV V'f-Vi ,~W...U!LJ /DLti ftl}l4 f!.IA)Wlr ,r-i/fJr~ Approval of ofdinances on First i:idading . ~, 'lli.i.. 0 /() A. i(( !t!Mf MJJ~ 'O 4l. 11h1 FA.o,. ~- i. Recommendation from the Utilities Depa ~ { a I or 'g A. ii 1 ~Al ll,AJi&tlr ~#-5 / ordinance approving two Intergovernmental Agreements with Burlington l1Ao. J 7-~ Northern and Santa Fe Railway Company for Pipeline Licenses. STAFF -7 r ~ -V SOURCE: Stewart H. Fonda, Director of Utllltles. ii. Recommendation from the City Attorney to adopt a bill for an ordinance 51,. authorizing the new Council Policy Manual. STAFF SOURCE: Dan . r:.i!_--f/r~:: Brotzman, City Attorney. ~ ~ · uP Recommendation from the Department of Neighborhood and Business Development to adopt a bill for an ordinance amending the Comprehensive fa /JrA::...lk,;, Zoning Ordinance regarding Pawnshop zoning. Amended as to effective Off" l4 ~rJ-()date. ST~ ~URC Mark Graham, Neighborhood Devel~ (AJA~·. ~Jil/n.:~ (?#r,j,~~ ~ • iv. '~ n eDepartmentofNeigh~~~ l n i , n Df?velopment to adopt a bill for an ordinance amending the Comprehensive OfY'f' I Zoning Ordinance regarding Temporary Employment zoning. Amended 88 to 1-0 effective date. STAFF SOURCE: Mark Graham, Neighborhood Development Coordlnalor. vi i. Recommendation from the Department of Financial Services to adopt a bill for an ordinance adding a new section to the Englewood Municipal Code pertaining to Auto Pawn licensing. Amended as to effective date. STAFF SOURCE: Frank Gryglewtcz, Dll'9Ctor ol Flnwlal SemcN. Recommendation from the Department of Financial Services to adopt a bill for an ordinance repealing and re-enacting a section of the Englewood Municipal Code pertaining to Auto Salvage and Recycled Material Yards licensing. Amended as to effective date. STAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal SemcN. Recommendation from the Department of Financial Services to adopt a bill for an ordinance re-enacting a section of the Englewood Municipal Code pertaining to Pawn Brokers licensing and removing this license from the moratorium . Amended 88 to effective date. ST~~; Frank Cj~f~~~~~·- .... ... I • C.l ty Council Agenda ,June 2, 1997 Page3 ~ viii. a,pifJ-V • •, • Recommendation from the Department of Financial Services to adopt a bill for an ordinance re-enacting a section in the Englewood Municipal Code pertaining to Temporary Employment licensing and removing this license from the moratorium . Amended as to effective date. ,ITAFF SOURCE: Frank Gryglewlcz, Director of Flnanclal Services. U)~ ~ ~11 ~ova!,.qt .Q!d_inp_!}C_es on Second Readjng.. . . • . IIMEJ)tMr f'UllB) ,~ l/ AMJTf(.4..V~nu~/0<,-1 I/ II // .,_,II 7/Jfriii FJ!IA /J2JJL1ri i. Council Bill No. U.-approving a South ing{e.,;efod Wastewater Service t,J.}!IUJr 7U Agreement. /YlJ:I t./1 ii. Council Bill No. 37, approving an Oil and Gas Surface Use Agreement. ~?-Oiii. Council Bill No. 40~ Firefighters Pension Fund and Pe~tnL .. 1,,~ Disability Benefits. ~ ~ ~ 11 til,.,,__.. ~1-~ rl. Council Bill No . 48, amending the existing contract for the restaurant at the gott course . Council Bill No. 49, approving an lntergovemmental Agreement with the Regional Transportation District for the design, engineering, and construction of utility modifications required for construction of RTD's Southwest Corridor Light Rail Project Phase 2. ~# vi. Council Bill No. 50, approving Southgate Supplement #131. c . Resolutions and Motions. Recommendation from the Department of Public Works to approve, by motion, a construction contract for Concrete Program 1997. Staff recommends awarding the contract to the low bidder, Thoutt Brolhers Concrete Contractors, in the amount of $186,Y,7·59 · IT~ SOURCE: et.IN Eallrly, Dnctor of Publlc WOlb.~ 11 . Regular Agenda . •• b . c . 'of Ordinances on First Reading . ~ of Ordinances on Second Reading . Resolutions and Motions. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve , by motion , an engineering contract for Trickling Filter Repair at the Plant. Staff recommends awarding the bid to Brown & Caldwell in the amount not to exceed S1n,500. STAFF SOURCE: Stawat H. Fonda, DINCtor of UIIHtl-.. ~ Plew nal9: l,ou ,._ • claabllly and naad 8lldlary aldl or....., ....... ._, ... cay cl luglliwood (712•2«11) al laaat 4111oura 1n .... of...,...._ .. ....__ Thmk you. . . • • •· • .. - '· Recommendation from the Department of Safety Services to approve, by motion, the purchase ol replacement Fire Apparatl.m. Staff recommends awarding the bid to Becker Fire Equipment Company, the lowNt techo"'licaly acceptable bidder, in the 8ll'ICUlt ol $429,785. ffAff SOURCU: ...... .. ,,.,.m;;: I/ .. WI I aid IClliltl Lockwood, Dlvlelon Chief. 12. General Dlecu•lon. ...... 11111: .,.. ...... , ,, ...... 5 ...... 1111 ..... ..., ..... .,... IN (Nlllll)llllall ...... ln ... ,,., ....•• ,_ ......... .... . .. ,J • • . .. ·~ - <. , ' CITY OF ENGLEWOOD 1::-..a-.."-HIIAIIIN8 WTlll JUNEZ.1117 AGENDA ITEII NO. PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT ON AN AIIENDIIENT TO THE COIIPREHENSIVE ZONING ORDINANCE PLEASE PRINT . .. . ' .. ' . .. • • • • • . . __ ,. •• __ -··-~----.--------------~C~<:"C'."L , NAME ADDRESS .. • , ,--------------------. • ·, • <. --~-. -------------------- PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS DATE: JUNE 2, 1H7 I' ----~----~<:::""--<--, NON-8CHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME AQPRESS •. .. • , • • • • --, .. , --·~ -·~-------------------~----~C:---G-., CITY OF ENGLEWOOD PUBLIC HEARING ROSTER JUNE2, 1117 AGENDA ITEM NO. I a I PUBLIC HEARING BEFORE THE ENGLEWOOD CITY COUNCIL TO GATHER CITIZEN INPUT ON AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE REGARDING PAWN AND AUTO PAWN ZONING • PLEASE PRINT .. • I ,. •, • ·, • ··-·-_ .. -.. -.-.---------------~--~-=---G,.., NAME ADDRESS .. • , • 0 • ENGLEWOOD CITY COUNCB. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO May It, 1"7 1. c•too'*" The regular meccing oCthe Englewood City Council was c:allcd to order by Mayor Burns at 7 :53 p.m . 2 ......... The iJM>Cllion -giwn by Council Member Wigim. 3. J11e11te ti ADeaiuce The Pledge oC Allegiance was led by Mayor Bums. 4 . a.uc. Present: Ablcnt: Council Mcmben Clapp, Wiggins, Habenicht, Waggoner, Bums Council Member Vormittag A quorum -praenl Also present: City Manqer Cwt City Attomey Brotzman City Clcrt Ellis Mayor Bums noted that Council Member Vormittag is out oC town OIi City "--· He advilcd that Mr. Vormittag is IIICllding a shopping cenrcr COIMlllion in Las Veps and be will be joined by oda people fiom the City in the next day or two. [Clert 's Dllfe : The Distric:t I Council seat his bcm VICalll due to the recall o( Council Member Hadlaway by a majority o(the wee ll the Janumy 14, 1997 Recall Eleclion. At the Vacaacy Eleclion bdd May 13 , 1997, Ann Nabbolz -cla:tod to fill the vacancy . [ 5 . M1-tel (a) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE THE MJNlJTES or THE UGUI..All MEE11NG o, MAY 5, 1"7. Aya: Council Members Wigins. Habeaiclll. Wagoacr, Clapp, Bums Nays : NOiie Ablcnt: Council Member Vormittag Motion carried. (a) Tom Wil-. Englewood School to Career Pn,pam CoonliaalOr, llaled be Wlllled to present a brief pidUR oC the Englewood School to Canier Putnenllip. He DOied dlll lboul duw yars ago many businesa throughout the nation were coaccrned about the lack oC prcpuabCIII oC youq people .... •, .. •· , -----~-----------~------.. ,-----------------~~------------,~-- • Eactewood City Council May 19, 1997 Pa~2 0 , . • who are entering the labor force. As part of their oonccm. they lobbied Congress and both Houses came together to pass the School to Work Act of 1993 . He explained that as part of that it was funded and states were allowed to write their own implementation grants for this proposal. Colorado, he advised. received $2S million to extend over a five year period and we in Englewood came together with a oonsortium of businesses. agencies and educational institutions to fonn the partnership that we call the Englewood School to Career Partnership. Mr. Wilson. said in order to give Council an idea of the magnitude of some of the partners who have panicipated with this, he wanted to name of few of them : Denver Options. Columbia Swedish Medical Center. Inter Faith Task Force, Junior Achievement. Department of Rehabilitation. U.S. West Communications. Norgren. Kaiser Permanente, Rocky Mountain News. Colorado Anny National Guard. Bank One and Norwest Bank. He said this is just to name a few of the partners that are working with us on this initiative. Mr. Wilson opined that it is imponant to understand that this is not a program, that what they are trying to create within the oonsortium is a mindset. pervasive attitude. that you don 't just teach academic theory in the schools. He pointed out there has to be some application that goes along with that. He said that. as part of this. they have oome up with a mission statement for their partnership. Mr. Wilson read the mission statement. "The Englewood Pannership. through oollaboration of oommunity. business. agencies and education. will provide all youth an environment. opportunities and experiences. to integrate school based and work based learning. which will result in a succcssfuJ school to career transition and preparation for an ever changing global marketplace." He explained that School to Career is designed to address students from the age of five through twenty-one. all the way through oollege . They are trying to do that through five focused areas. The first of these areas is school based learning. He noted they want to align the curriculum within our school system. so that the students understand the relationship between what they are learning, to the real world of work. when they finally transition out of school. He staled they also want to offer a business presence in the classroom so that students get authentic infonnation during the theory portion of their learning and oonnection to the fact that it is translated into business. The second focus is work based learning. He said they feel that classroom theory only goes so far in preparing kids for the real world. They want them to have authentic experiences within the real work place . He explained that as pan of that they are designing pathways for students to get experiences through mentorships. internships. shadow programs and employment with the various business partners with which they have oonnections within the partnership. The third area. he noted. is guidance and oounseling. They believe that at all levels students need din:c:tion to help them find the approprialc pathways to get to the career areas that they are seeking . So. they are preparing effective career guidance from kinderpnen through twelfth grade within our school system . He pointed out that many COWlliCloR are ve,y good al dealing with the psycho-social issues and the scheduling issues of students. ~. be IIOllld. there: are ve,y few people trained in career counseling and they feel this is an attribute that all of the oounselors need in order to effectively serve the students that they are going to be working with . Mr. Wilson advised that the next focus o{ their partnership is connecting activities . Ensuring that our students. once they get into high school . are able to oonnect to the appropriate pathways that gets them into the tnining, that prepares them for the career that thq• are focusing on. He oommented that they do not believe in putting kids in boxes at an early age and saying. ~y. you are going to be a rueman. you are going to be a school teacher and you are going to be an electrician and so forth . He said all they wam to do is give kids infonulion. So that they can make effective decisions and. when they are finally rally to tnlllition. that we are able to oonnect them to the appropriate pathways that move them in the direction they are supposcd to go . Mr . Wilson stated they believe all students. no maner who they are. require -degree of education beyond high school . He noted they have been a bit ineffective in how they have dealt with that in the past. Like many school districts. he said. 80 out of every 100 kids that enter ninth grade gnduate from high school. Out of that 80"/o we are sending 60-/o 10 7o-/e to college . Mr. Wil-pointed out that if you think about the fact that only 24% of those kids ever graduate from college. we are noc sure thal is money well spent. He staled that after the year 2000. only 2o-/e of the job&. that are going to be available in the market place. are going to require a baccalaureate degree . The rest. he IIOllld. are going to require IOIDC degree of technical training. less than a four year degree and thac are high skilled. high paying jobl. So be said. they wam to .. I· • ·,--------------------------- Eapewood City Council May 19, 1997 Pa~J 0 • eumine lhal. they wanl lo make kids awan: of lhe fact lhal !here arc other palhways Ibey mighl want to pwsuc. He DOied that is sliU a decision on lhe family . though. IO decide which direction lhe studenl needs 10 go. He explained tbaa when they began this initiative a year ago, wilh lhe planning process, they looked IO --1 focus groups to examine their undcrslanding and !heir buy-in to lhe initiative lhat they were proposing. He advised tbaa they looked at businesses. teachers. students, city based organizations. One group. he noted, IClelncd more rctic:ent than ochers about having an initiative like this in lhe community and that was teachers. So. he said. as part of lhal. one of lhe first emphasis they have been making is IO provide teachers with some orientation inlO what lhe real world is like beyond lhe classroom. Mr. Wilson commented that if you think about teaching. that most teachers get out of high school, get a bachelors dcgrClc and a teaching credential and then they go into lhe classroom . He stated that they don 't know what indusUy or lhe daily business world is like . So they created opportunities for lhe teachers through a concq,t they have entitled Employability Institute. They take groups of up to 20 teachers. divide them into teams of five or six and ship lhem out to a business for half a day . Following the business visit. !he teachers arc in workshops lhe remainder o(lhe day, to integrate lhe knowledge that they learned from these visits. Mr. Wilson said lhat what they have found after doing three institutes is lhat leachers really dido 't understand lhe demands that arc placed on !heir graduates when Ibey go into the world of work . Now. he noted. !here is a ground swell among lhe teachers of Englewood about lhe fact lhat we need to teach every student keyboarding. Thal work ethic is a critical issue that is reall y not taught So. he noted. al an early age Ibey arc going to start focusing on Ibis. He said he would particularly like to call to Council's attention lhe participation in this cffon on the part of three City employees. First of all. he advised. An Scibelli has been on their steering committee. has provided some great leadership and some connection to City activities. Randie Barthlome has hosted one of their Employability Institutes and has done a marvelous job wilh some teachers. And thirdly. he noted. Hank Long has recently joined !heir consortium. So. he said. they arc very anxious to continue this cffon and Ibey appreciate lhe cooperation of lhe City . Mayor Bums recalled that not too long ago lhe Iheme at lhe high school was that every student should be prepared IO go IO college. He noted that it sounds like they have changed that considerably . Mr. Wilson said that he believes that that is uuc. He pointed OUl that they arc DOI saying that they kids who don 't go IO college need anything less than lhe type o( cducatioa thal the college students do . Mr. Wilson stated that they slill hold lhem to the same standards that the dillrict has for a guaranteed diploma and they would try IO ensure that all students have higher order madl and science and reading and writing skills. because thole arc nccdcd in all avenues o( education. He comlDCllled that if Council has ever had lhe opportunity to visil a swe o( the an auto IDCICbanic set up. such II Ralph Schomp Automotive. who is one o( their partners. they would be amued at lhe cleanliness o( the environment. the technology that is required and the dcgrClc o( resourcing skills that arc needed by those technicians in order to do !heir job. Council Member Habenicht DOied that she has attended. with Mr . Wilson. several meetings wilh our manufacturing community thal were hosted through lhe City and An Scibelli and our economic neighborhood business group . She asked Mr. Wilson ifthal is working well with what they arc doing. Mr. Wilson advised thal it is, that like any ocher organiWioa they have to be educated about the concq,t and they have to be shown the boctom line . He said they have to sell !hem on what their self intcrcSI would be in being involved in this. He DOied that the self intaal they found for the manufacturing community is a better prepared. more easily aa::essiblc workfon:,e. that is qualified to do the job in their factories . He said ii is amazing how far they have IO go to n:auil qualified help . Council Member Habenicht asked how far they have to go. Mr . Wit.,.. advised that they have to go• far• lhe Pacific Rim in some instances. Mayor Bums commented that ii sounds like quite a program. He thanked Mr. Wit-. oa behalf o( Council, for coming by to explain this program and l'IOlcd they look forward to more coaaacts with him in lhe future . I· 0 - • • • Englewood City Council May 19, 1997 Page4 7. Noa-1ebeduled Vlliton 0 I • • (a) Dr. Robcn Ohlson. I 754 West County Line Road. Littleton. noted he provided each Council member with a current map of the progress of the Highlands Ranch Boulevard. He said he is here tonight in an interval. as they may recall. bctwccn the valuation hearings and coun procedures which will be ongoing. He explained that the point of his attending the meeting tonight is that he was inspired to walk the new Highlands Ranch Boulevard and noticed it is an outstanding and beautiful boulevard. He opined that it is going to be a real advantage to the community and the city at large. As he recalled. Council said in 1996 that Highlands Ranch Boulevard. and each improvement. will greatly enhance Englewood's property across from McLcllan Reservoir. And. he said, according to a 1HK study. Englewood parcels have evolved into one of Denver's premiere retail commercial real estate markets . Dr. Ohlson commented that in this consuuction period it has been noticed that this valuation. and the values you have placed on this. probably make these parcels, at this time. wonh somewhere in the neighborhood ofS 10 a square foot. perhaps half a million dollars in an acre of this ground. He stated it will be very difficult in the future for Council to anticipate an aesthetic gift of this ground. But. he noted. in studying funhcr they will notice almost a mile from the east it begins with a parcel of marshy ground that now belongs to South Suburban Parks. and progressing west the next large parcel of ground coming into view on the right side of the map. belongs to the City of Englewood . Everything north of the Highline Canal then becomes a very attractive regional park. Dr . Ohlson stated the point of participation then includes the ownen. of the Plum Valley Subdivision and the next owner is the City of Englewood . In this thought. he said, it would seem to him to be the appropriate time to try to gel this group of people and metropolitan districts together in order to cooperate in a resolution that would bring together a park plan and a very generous donation by the City of Englewood to this park. He commented that he would hope that Council will appreciate the beauty of this road that they arc developing and that you will be able to preserve from approximately three football fields. about 900 yards. south of the Highline Canal. He noted the view begins to be very outstanding of over Mclellan Reservoir and the park-like view on the south side of the reservoir. plus the western and somewhat nonhcm portion o( the city and looking directly at Longs Peak . Dr. Ohlson opined that it is a truly outstanding opportunity to develop what is an extremely valuable piece of property and allow future generations to appreciate it as an OUlSWlding regional park of almost a mile in length from cast to west. (b) Marjorie Fitzgerald. 4824 South Jason Slim.. sweet she has been a resident for almost thirty years and she moved here just when Cinderella City started. She commented that she has a few things she would like to remind Council o( and some suggaliolls. Number one. she noted. traffic on Hampden has always been a problem and it would seem to her that they would want to cut that down if they could. She said they have such a wonderful opportunity to do a lac for the City right now . Not only in changing this traffic now possibly . but in improving the City. She commented that she knows Council has been working awfully hard the last two years as she has been reading the Herald and she knows what all they have been doing. She said she is glad that they have not rushed into this decision. Ms . Fitzgerald suggcsied they put the big box. whether ii would be Target. Wal-Man or K-Man, over al the General Iron Worts sue. as near Danmouth as possible . She said she thought there were about two blodts o( houses thal would scparalC 11. Her suggestion for that. she stated. would be then Santa Fe and Broadway would both 111\-e access to Dartmouth and you could have one way traffic going through those: smets. She said possibl y tllcrc could be four SIRICl5. but at lcasl there could be two. and maybe you could have four or llla)iic ~ou could altcrnatc them so thole people wouldn ·1 have traffic all the time . She opined that the people •'ho arc going to come on the light rail. which we arc fortunate to have. arc noc going 10 be shopping at a Wal-Man or a K·Man where they arc going to cany a lac of things. they have to come in can Ms. Fitzgerald said thal she thinlls we have too much parting lot right -· that it would be nice if they can cut that down. She SlalCd she is also sugcsting that we sboulcl have a goal for a five year plan and a goal for a ten year plan. She said her sugcstion is that the City Hall and Library arc in an old I· • Eaatewood City Council May 19, 1997 PqeS . ' • • building and -an: probably going to be talking about .-in& !hem jull • moo • Cinderella City is liDilbed. if-don't talk about it DOW. Ms. Fitzae,ald said slle would like to ICC the Library go into the Foley's building and if it is too big put the City Hall in their too. But, slle DOlal. lllll would be, to her, a aemporary thing. The City Hall should go to the other side or Hampden near the Safety Services center ad lllll coald probllbly be a ICD year plan. And sbc Sllled. the fiw year plan would be to put City Hall wllcft yoa aw to or wait for five years and then -City Hall . Aad. sbc said. her A•gestioo for the -wllcft the City Hall and Libnuy an: DOW is to put two llrip malls 1-:it to 1-:it. One facing the Bank ODe 111d -facing the Phar Mor Center, with enougl! ..-:ie ..._ for the ddiverics. Ms. Fitzaerald opined lllll lhll would make nice strip malls. She nalDd Ille ii DOI ayillg jull what to do with Cinderella City Cxcepl slle would like to sec the Library in thal Foley's baildiag. SIie OD1Dmenlcd that sbc is DOI oppomd ro a small tbeater, but she docs not think • larF *-r would be 100ci-She opined that with any kind or tbclrer -mvc -an: going to mvc a bad ~ cmung 6am the l'Cll or the City into that light rail Slalioa. wbicb -need ro control. She said if the the-, -..ucr it would be beacr controlled. She noted -would have to mvc more police officcrs thae ad nayt,c -police officers as these people would come in and branch out into our City. She opined lhll thae will be people who will come for the pulpORI or robbery and other things and sbc thinks lhll -could control it better. Ms. Fitzgerald noted that was about all sbc wan&cd to tell Council, but lhll sbc wanted ro tell !hem they an: doing a good job and she would like to sec some start on a fiw or a ten year goal . She noted when there is an election lllll might be an incentive for people to rcc1ect Council and if wbocvcr goes in next likes that goal. if it is a good goal. they will like it and will try to carry on. (a) A proclamatioo declaring the week of May 18 through 24. 1997 as Emergency Medical Services Weck was considered. COUNCO. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO PROCLAIM THE WEEK or MAY 11 THROUGH U, 1997 AS EMERGENCY MEDICAL SERVICES WEEK. Ayes: Council Members Wigins, Habenicht, Waggoner, Clapp. Bums Nays : ~ Ablcot: Council Member Vormiaag Motioo carried. Mayor Bums presented the pnx:l•IDIDOD ro Fire Medic Alldy Fox . (b) Swearing in or-ay dectcd District 1 City Council Member. (i) Mayor Bums asked the City Clerk ro n11111 the-or the -'Y-clec:tal City Council Member. Ann Nabbolz -u-oced • District I City Coucil Member and she -then IIWOl'D in by the Hononblc Louis Parltinsoo. Englewood Municipal Coun Judge. (ii) Council Member Nabholz was aealed in her tcmporuy scat. after which the City Clerk called the roll, with the following results: Pracnt: Ablcot: A quorum was prclCDl Council Mcmbcn Nabllolz, Clapp. Wiggins. Habcaicbt. Wagmcr, Bums Council Member VCJnlliaaa (iii) Mayor Bums said be would lillc IO keep the ..aing arraa..-c • it c:ur.-1y exists. ..... .. •· , • ·---------------~----~----, Ea&lcwood City Council May 19, 1997 Pase6 • ,. - (iv) Council Member Nabholz introduad family members and guests. (v) Council adjourned at 8 :20 p.m. for a brief recq,cioa. reconvening at 8 :49 p.m . with six c:ouncil members present and one absent -Council Member Vormiaag. Mayor Bums c:oagratulaled Council Member Nabholz and welaimcd her to the Council. He noted it WU a pleasure to meet her family and friends. 9. ..llllc Beariq No public bearing was scbeduled before Council. 10. c-•Aaau (a) Approval of'Ordinanc:cs on Finl Reading COUNCR. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I), (ii), (1H), (iy) uil (Y) ON mtST REA.DING. (i) COUNCIL BILL NO . 49 • INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AUTHORIZING AN INTEROOVERNMENT AL AGREEMENT ENTl1LED "l!TILI1Y PROTECTION AGREEMENI"' PERTAINING TO MODIFICATIONS FOR THE SOU11fWEST CORRIDOR LIGHT RAIL PROJECT. BE'IWEEN 1lfE REGIONAL TRANSPORTATION D1S11UCT (RTD) AND 1lfE CI1Y OF ENGLEWOOD. COLORADO . (ii) COUNCIL BILL NO . 50, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE APPROVING SUPPLEMENT NO. 131 TO THE SOU11iGA TE SANITATION D1S11UCT CONNECTOR'S AGREEMENT Willi THE CI1Y OF ENGLEWOOD . COLORADO FOR THE INCLUSION OF LAND Wl11IIN THE D1S11UCT BOUNDARIES . (iii) COUNCIL BILL NO. 34, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CI1Y OF ENGLEWOOD. COLORADO AND SOU11i ENGLEWOOD SANITATION DIS11UCT NO. I FOR MAINTENANCE OF SEWER LINES OF 1lfE D1S11UCT LOCATED W11111N THE CI1Y OF ENGLEWOOD BOUNDARIES . (iv) COUNCIL BILL NO . 37, INTRODUCED BY COUNCIL MEMBER WAGGONER A BILL FOR AN ORDINANCE AU11fOIUZING AN OIL AND GAS SURFACE OWNERS AGREEMENT Willi UNION PACIFIC LAND RESOURCES CORPORATION. AND EASEMENT, RIGHT OF WAY, SURFACE USE AGREEMENT Wl11f HS RESOURCES AND A LETraR AGREEMENT Willi HS RESOURCES . • . .. 0 I· ----------,r--------------~-,.1------------------~----------,,-....,._, • • - l.aclewood City Couacil May 19, 1997 Pqe7 (v) COUNCll. Blll.. NO. 48, INTRODUCED BY COUNCll. MEMBER WAGGONER A BILL FOR AN ORDINANCE AMENDING 11IE GOLF COURSE RESTAURANT CONCESSIONAIRE AGREEMENT BETWEEN mE CITY OF ENGLEWOOD AND JOQ CORP. Ayes: Nays: Ablent: Motion canied. Council Members Nabholz, Wiggins. Habenicht. Waggoner, Clapp, Bums None Council Member Vormittag (b) Approval ofOrdinana:s on Second Reading COUNCll. MEMBER BABI.NICBT RI.MOVED AGENDA ITEM 10 (b) (i) ROM THI. CONSENT AGENDA. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (b) (ii), (iii) ud (iv) -ORDINANCES ON SECOND UADING. (ii) ORDINANCE NO. 33, SERIES OF 1997 (COUNCll. BILL NO . 33, INTRODUCED BY COUNCil.. MEMBERS HABENICHT/WIGGINS) AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM ON 11IE ISSUANCE OF PERMITS AND mE GRANTING OF LICENSES FOR 11IE PROPER1Y LOCATED BETWEEN YALE ON 11IE NOR11l DELAWARE ON mE EAST. SANT A FE ON 1llE WEST AND DAR'IMOlml ON 1llE SOlmf. FOR A PERJOD OF ElGIIT M0""11S. (iii) ORDINANCE NO. 34, SERIES OF 1997 (COUNCll. BILL NO. 38, INTRODUCED BY COUNCn. MEMBER WIGGINS) AN ORDINANCE CREATING PAVING D1S11UCT NO . 31, IN 1llE CITY OF ENGLEWOOD. COLORADO; ORDERING 11IE CONSTRUCTION AND INSTAU.ATION OF STREET PAVING, CURB, GIJM'ER. SIDEWALK. AND STOltM DRAINAGE IMPROVEMENTS, TOGE1llER W1111 NECESSARY INCIDENTALS ; AND SEmNG FOR1H 01llER DETAILS IN CONNECTION Wl1H 1llE D1S11UCT . (iv) ORDINANCE NO. JS. SERIES OF 1997 (COUNCll. BILL NO . 39, INTRODUCED BY COUNCll. MEMBER WIGGINS) AN ORDINANCE AMENDING 1Tl1..E S, CHAPTER JC. SECTION J. OF 11IE ENGLEWOOD MUNICIPAL CODE 191S WHICH PERTAINS TO POSSESSION OF INTOXICATING LIQUOR IN PUBLIC . Nays : Ablcal : Motion canied. ~ Malllen Nabllolz.. Wigim. Habcmidll. Wagoaer, Clapp. Buns Noac Coucil Malber v--. •· • Enclewood City Council May 19, 1997 Page8 0 - ••••• (i) Council Member Habenicht staled she asked lhal this be pulled bcc:ausc of one of the things lhal citizens brought to her attention and she pointed out they bad disc:ussed this lasl time. She said, in raerencc to some clisc:ussion last time and in giving it -thought. she is really conc:emed about the fac:t lhal if somebody comes into the Utility. after buying a home or a business from somebody who has DOI been in the Utility. that they have to do two things. One is to bring the property up to the City standard and pay any bac:k amounts that have ever acc:rued into the Utility. Ms. Habenicht opined that it just doesn't sound fair, lhal it just doesn't sound right, lhal it almost sounds like a double kind of jeopardy to a new property owner. She said she thinks it should be one or the other. bcc:ausc at this panic:ular point in time. to enter the Utility you need to bring your property up to the City standard. That is why we had the conc:retc distric:15 up to this point. She commented lhal it seems ii just should be either or, not both . Mayor Bums asked. as a point of clarification. if the new owner has to bring the c:onc:rctc up to City standard or only if it has been designated to be brought up to City standard . City Attorney Brotzman stated that you would have to bring it up to City standard. but if nothing is wrong with your concrete and they drive out there and nothing is wrong with your concrete. they say nothing is wrong. Mayor Bums asked if there was a notic:c provision in here that if you sell you have to notify the buyer of the requirements of the conc:rctc district. City Attorney Brotzman advised that if you opt out of the district that is rcc:ordcd. so the title company should pic:k that up. Mayor Bums said that was his point. bcc:ausc then if there is an cxpcnsc, if the party buying wants to join they c:an negotiate that as pan of the purchase pric:c . II is pan of the bargaining for the purchase . He c:ommcntcd lhal that was his concern. whether there would be notic:c. whether they would be fully aware when they were buying the property, of the requirement. Counc:il Member Habcnic:bt said it seems to her lhal for somebody coming in new then: should be an option. Either they c:ould bring it up to the City standard or pay the bac:k dues. Mayor Burns noted it is the same thing. bcc:ausc if you arc paying the SlS a year or whalcva. you may have only been paying lhal for a few years. it is DOI all that muc:h. but it is a way of getting your c:onc:rcte repaired without the larF outlay. Mayor Burns asked City Attorney Brotzman. if you arc coming in and your coac:rctc needs to be brought up to City standard and you pay the bac:k portion. who pays for the upgrade, that ac:lllal <XIII of the repair. Mr. Brotzman cxplaincd lhal you would ac:lllally pay for the repair and then pay for the bac:k <XIII. He noted that you c:ould do one of two things. You c:ould pay for the repair and you arc done ud you have new c:onc:rctc and you don't have to opt bac:k in. Or, ooa: you bring your c:onc:retc up, you -have the dcc:ision.just like at the beginning of the prosram . You c:an opt bac:k into the prosram or DOI . Counc:il Member Habenicht noted that lhal is the pan that seems unfair. is that if you c:ome in and your c:onc:rctc is DOI up to standard and you repair it. then you have to pay all the bac:k dues plus all the forward dues . She emphasized lhal that just docs DOI make sense to her. Council Member Wiggins noted it is DOI forward dues. it is just all the back dues to bring it up. Counc:il Member Habenicht said whalevcr you c:all them and noted lhal he is right. Mayor Bums cxplaincd that it means the next time when you need repair then you will have paid in the regular dues and you woo ' I get hit with the whole <XIII al oac:c. you will be pan of the prosram . •. ... I· 0 ---... .-----------------.,----~----------:---------:-- • Englewood City CINlncil May 19, 1997 Page9 0 • • Council Member Waggoner said he feds there arc probably• aiuple of things that would address that. He referred Couacil to their discussion SC\'Clal ~ ago. wbca they -looking for another method for replacing a,nc;rcte. He noted they said they had a aiuple years to go and all the coac:rctc in Englewood would be brought up 10 a SWldanl. And thal is wbca they would bapc(ully change and provide a diffcrca1 method. Mr. Waggoner pointed out that -have finished lhoR two ycars and --=rytbing should be up to staadanl. Now if somebody opll out. and during the iDICrim their coacrete goes bad. there is no reason why they sbould not have to bring it up to staadud and there is no rasoa. CYCII if you c:aU it a pca&lty. why they sbould not have to go back to tbc beginning of tbc program. in order to buy into tbc program, because it is so rcuonable. He opined that they sbould have to do that . In another for instance, he said. if somebody were to move into the City, buy a home and tbc prmlNIS owner had opted out, they arc going to negotiate who is going 10 have to replace the concrete. Probably , he noted. it is going to be tbc seller, iftbc guy is pretty sharp. Then they either don't come into the program or they still opt out. But. he said. if they do come into the program, as Mayor Bums said. they arc paying very little. They should have to go back and pay from lhe beginning so that is their insurance. He noted tha1 it seems fair to him. Council Member Clapp staled thal she docs not think the amount that somebody pays is the issue . She opined that anytime you arc going backward and having to make up back paymcnls then thal is a penalty . Mayor Bums said that he looks al ii as the insurance for the next repair in the future, that ii is nol really a penalty. He commented that you arc building your account, so 10 speak. so thal the utility itself does the repair the next time ii is done . City Attorney Brotzman said to remember that when you arc bringing your concrete up 10 standard that you arc probably not going to be replacing all of the concrete in front of your house . He noted you arc probably going to have lo replace one and there arc going to be Olhcrs there. So. he said. when you arc catching up. you arc basically doing the Christmas fund for lhoR Olhcr slabs 1hal arc still in fronl of your house. Mayor Bums commented that he thought Din,ctor Esterly pointed thal out at the last mccling. Council Member Habenicht stated she docs not really have a problem if somebody has not been in the program. that then they waal 10 come in the prognua and they have to make ii up for all the years that they haven 't. She noted that she is also coaccmed that wc don't have some son of guarantee. that when somebody has their property repaired by the program. that they don 't have to continue for a certain number of years. Bccausc. she said. she is coaccmed about people getting their property repaired and then dropping out of the program and then wc arc going to end up with no program for the last few people. like a pyramid scheme. She stated she is conccmed about that . Those arc the two pieces, she noted. that she is conccmed about . Also. she said. she docsn 't think WC will have people willy nilly changing ownership all tbc lime and that you would have to make sure it was a bona fide real csta1c uansactioa. But, she noted, it just docsa '1 socm right to have somebody come in new and be obligated in the back . Whclher ii is something ncgotilled II the point al sale or not . Council Member Habenicht explained that lhoR arc tbc two items. thal wbca citizens question her about them. she cannot answer those questions . She said she cannot answer that question and she cannot answer the question of what happens if you an: number one. and $500,000 worth of coac:rctc is done and all lhoR people say okay I am not going to be pan of the utility anymore . 8ccaUlc all of a sudden they have gotten their concrete for nothing, maybe not even the first S25. and they have dropped out. She opined that we have nothing to protcet lhoR who arc at the end. who have the beacr concrete right now or who just had their concrete redone. Ms. Habenicht reitc111ted lhal those an: the two questions she cannot answer and that is why she is feeling uncomfortable . Mayor Bums said he thought Director Esterly lddrclled the idea that you get it repaired and then drop out. City Attorney Brotzman explained thal it is just like opting out at the beginning. that this is 111ppo1e to be for the lifetime of your concrcle. Pan of tbc illlUflllCIC on this again, he swed. is just like Director . , • - I· 0 • Englewood City C1N1ncil May 19, 1997 Page 10 0 - Esterly commented, that concrete docsn 't all go bad in front of your house all at once. This insurance, or Christmas Club account you arc setting up. is for all of your concrete and that is a much longer process and it goes bad, not all together, but in separa1e pieces. Council Member Wiggins noted if people ha\'C convcnanlS within the area in which they buy, and their convenanlS require a certain amount of mailllCllaDCIC payments, and if they become delinquent on those and they sell. that is ncgOlialed in the selling real cswc agRICIIICRI. Say the convenanlS say you owe $2000 in back paymcolS on these and you can '1 sell the house until you bring ii up to standard and then you arc going 10 ha\'C 10 continue IO pay OD . He asked City Aaomcy Brotzman if that is SWldard operating procedure in real cswc . Mr. Brotzman said yes. Council Member Wiggins pointed out that you buy what you buy. If you buy ii and you don't like the fact that you ha\'C to pay back two years, the $200 or $400 that they haven 't paid. then you don't buy the house, move on. Council Member Habenicht said that answers the one question. but it docsn 't answer the other, in tcnns of people dropping out after they have had their concrete repaired. Mayor Burns said he thinks the point again is that it is not all repaired at once. Ms . Habenicht said okay. City Manager Clark noted that the language in Section 12-8-11 (A), which is the section he fell Council Member Habenicht was referring 10, stales that "eligible property owners shall be allowed lo defer payment of fees until transfer of ownership lo another person. All back fees. plus interest al a rate determined by Council resolution shall become due and payable with transfer of ownership." Mr. Clark asked City Attorney Brotzman if. under that Council resolution. that responsibility could go back on the seller and if so. what type of notification process would be nc:ccssa,y to put sellers on notice . Ciry Attorney Brotzman staled that since we record this document as part of 12-8-12. the title company should pick that up. He pointed out that if you don '1 do due diligence when you purchase a house. you arc not going 10 find some of the errors in the title, so you may miss that. But. he advised. the theory is that this will show up on any title policy you purchase when you arc buying a house . This will pop up and ii should be ncgotialed at closing. Ciry Manager Clark offered the cxamplc of if he were to build a new house and he has all new concrete. He decides to ope out of the propam. because be has new COIICf'CIC in front of the house and he keeps the house for IO or I 5 years. Then. he DOied. Wider this provision, since he opeed out, he would be responsible for all the back fees. for those IO or I 5 years . City Attorney Brotzman stated that is corrcc1 or you negotiate that al the time of closing. If you don ·1 want to pick that up and if you can make the argument at the closing that the coac:rctc is really good and you don't really have 10 participate in that program. you won 't have to do that. Mr. Brotzman staled ii is a matter of negotiation al that point between the buyer and seller. Council Member Habenicht noted at that point you also ha\'C IO bring the concrete up IO City standards. She staled that is where she is questioning that it is a double jeopardy kind of thing. She commcoled that she is probably using the word inappropria&cly . When you stan doing the S2S. you arc in cucacc IWIIDg from the point where c:vc:ryone is on equal COOiing. One or the othcr -fair. she staled. but both docsn 'I. She opined that it docsn 't seem fair that they have to bring it up 10 City SWldard at tbat panicular time and pay the back thing to continue in it Ms. Habenicht insiSICd that it docs not -fair that they have to do both. Council Member Waggoner noted tbat that is lalcr oa though. after it has already been in operation. Yes. Ms . Habenicht said. it doesn 't seem fair. Up Croat Mr. Wagoner Slated, you don 't have to do that you either ope in or you ope oua . So. he DOied. if you stan your paymenu from that date. you arc buying a kind of insurancc and you arc helping fund all the ooncrc1e rcplacemcnl for that year and for years to come in the City. Council Member Wagoner f'unbcr explained that if somebody oplS out c:vc:n though his aJIICf'CIC may be all ript today and he opccd out, IOIIIClime in the future his aJIICf'CIC is going to go bad. At that time he is piing IO have to bring that COIICf'CIC up to standard. because he let it go and he dido 't buy this iNUrUCC. he opced DOI to. So he still bas IO buy his I· - • • • Enclewood City C1N1aci1 May 19, 1997 Page 11 • 0 t• • concrete and then in order to cover all of the concrete that has to be replaced he has got to buy back into the program at the same rate he would have paid. Mayor Bums noted he doesn't have to do that. they are not forced to pay both. they can pay just the c:oocrelC and Slap, they do not have to join the program. Council Member Waggoner agreed and noted he can fix his conc:rcte and quit. jusl stay out of it. Council Member Wiggins said Ms. Habenicht's example is the one that wants to join the program and has to bring it up to SWldards and he noted you might find somebody that wants to do that. So, Council Member Habenicht said. what if the Idler is -unscrupulous. awful person who says they are never going to pay anything and he has ten years worth . Then, Council Member Wiggins noted. the buyer beware. Ms. Habenicht said okay the buyer beware says okay you are going to have to pay me up to that and the buyer says okay I will pay you up to that and I will give you $225 . Then next year the City comes by and says all right you have to bring this up to standard and pay for it. But he says DO, I belong to this. because I paid for it al the time al the thing. And wc say DO, you might have paid up and that might have been part of your deal and it son of worked against you. but now you have to do both. Ms. Habenicht reiterated her feeling that it docsn 't seem right. Council Member Waggoner explained that at the time they join. or op1 in again. they have to pay for it al that time, they can 't wait another year and then decide they want it fixed . Council Member Clapp said. what she is having a problem with. is that she does not know of any iasurance plan that operates like that. She noted that if she goes out tomorrow . shopping for automobile iasurance. if she has a huge dent in her door. they exclude it. they don't cover it. She said she can buy into the program, but they won 't cover that dent. Ms . Clapp said shouldn ·1 the concrete program be the same. She stated we could say okay wc will go ahead and take you from this day forward. but you have two blocks that arc in pretty bad shape. we are not covering those. you fix them and then you are covered from this day forward . City Attorney Brotzman explained that if you have health insurance and you opt into health insurana: a year later, you are older and your insurance rates are higher because you just opted in . He pointed out that our rates are the same. that it is baled on square foocage. But, he noted. if you are buying life insurana: al 30 your rates are much lower than al 35 . So. he stated. what this is saying is we arc going to charge you the same l'IIIC no IIIIIICr what. but wc arc going to make you catch up as if you were paying since you were 30 . So. Council Member Habenichl said. if you do that to caleh up then the new owner doesn't have to pay for new c:oncffle. City Attamey Broczman said no. you still have to do bodl parts. Council Member Waggoner noted tbal if the paymenlS are up to date at the time that you buy , you don't have to do anything. Mayor Bums c:oaunented that if two yean later you have problems you won 't nccd to do anything. because you are in the program and the program will repair the aJDCrete. Council Member Waggoner noted if he is paid back to the beginning you can get it clone . But. he pointed out. if at the time al sale you opted out. you will ~ to decide wbo will pay to bring it up to standard and who is going to pay the back charges on the c:oacretc lllility . Thal is clone al the time of sale, that al the time of sale if the buyer says I WIii! that c:oncretc up to standard. and umming there isn't any that has to be fixed. the guy says I want you IO pay the back lllility IO tbal I can be in the program . He pays the back utility and if thn:c yean down the road his c:oncretc fails. then the City is going to ftx it. He is not going to have to bring it up , because in the sale llftlCllll:lll he has alrady paid the back cost . Mayor Bums opined that. as you think through it, it is buically fair . Council Member Waggoner a>mmented tbat the oaly thing you bring up tbat probably isn 't fair. but it will be further down the road. is if somebody getl their c:oncretc ftxed and they decide they are way allcad of the pme and they opl out. then the guy who SI.ill owns tbal when the concrete goes bad has got to pay to bring it up ID llandlrd. And. he pointed out. they have ID pay from the time he opted out. up to tbal point. to pc back IIIIO the utility . Thal. he DOICld. is wllll they are 11111 goiq to -and tbal is when it is • . .. I· 0 • Enlfewood City Council May 19, 1997 Pace 12 0 I • - going IO hurt. But again, Mayor Bums said. they can repair and DOtjoin the program. Council Member Waggoner said that is right COUNCU. MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (11) (I). ORDINANCE NO . 36, SERIES OF 1997 (COUNCll. Bill. NO. 14, mntODUCED BY COUNCll. MEMBERS VORMI1T AG/HABENIOIT) AN ORDINANCE CREATING A CONCRETE UTILITY AND CONCRETE UTn.lTY ENTI:JlPRISE FUND FOR 1llE CITY OF ENGLEWOOD. COLORADO. TifE PURPOSE OF nus ORDINANCE IS TO PROTECT 1llE PUBLIC HEAL Tif. SAFETY AND WELFARE AND TO COMPLY WTI1{ AU.. APPLICABLE FEDERAL AND ST ATE LAWS WIDCH REGULATE 1llE CONCRETE UTILITY BY CREATING IN Tl11.E 12. A NEW CHAPTER 8 • CONCRETE UTILITY AND CONCRETE UTILITY ENTERPRISE FUND. Ayes: Nays : Absent: Motion carried. Council Members Nabholz. Wiggins. Habcnichl Waggoner. Bums Council Member Clapp Council Member Vormittag (c) Resolutions and Motions There were no resolutions or motions submitted for approval . 11 . Replar Aeenda (a) Approval of Ordinances on First Reading (i) Cily Manager Clark prcllCllled a reaewrndafioa from the Ci1y Manqcr's Office IO adopt a bill for an ordinance aulhorizing a Property Tramfcr ~ ~ Ciadenaak Associales and the Cily of Englewood for the Cinderella Cily lite. He advised that Council m-icwed this at Study Sasion lasl week . He noted the qRICIIIClll and all cx11i11its. cxcepc for one., baYc been included in Council's packet. Mr. Cl.art stated that it -dccidCld --Ille two parties to ddcte Ille Environmcnw Standards exhibit and that will 11c c1onc within 1a1 days m the appruva1 m this apemcnt by both panics. In addition. he advised. our real Cllalc CDUDRI. Mike Miller. is awilablc taaipa in case Council has additional qucslions with rcpnl IO this agreement. Cily Manqcr Cl.art llaled lhcy arc recommending Council approve this on first reading and lhcn they will bring it back on sec::oad reading at their next meeting in June. Council Member Waggoner questioned when we: will sip the apeemall. if it will be after the lmlDd reading or 30 days after ii has been published. Ci1y AllOmcy erou-n lta&ed thal Mayor Burm nay actually sign ii earlier. but it becomes drectivc 30 days after it is published. Mr. Wagoner asked wbcn Cindcnnak Aslociatcs has IO sign ii. Mr. Broczman advilCd dill thal is really up 10 Council and Cindcrmak . Council Member Wagoner asked if Council --id DIil spocily the time laps. bc1wecn the time Council approves ii and signs ii. that Cindcnnak has 10 app,uw it and sign ii. Mayor Bums said we: could. that he p,aumcs the negotiations arc far ~ alon& wbcR thal is not a pniblem. Council Member Habcnichl collllllCllled that Cily AllOmcy Broumu Im IOld Council in the ... thal he tries to bring them everything that has been signed ahead m time. ~ lie ~ Mk Council to sip il Ci1y AllOmcy Bruttman said lhat is comet. Ms. Habcnicb& said dill ~ thal needs 10 be Ille aa before •, ••• • • • • Ea&lewood City c-il May 19, 1997 ... 13 this is approved oo second reading, that it be siped by them. City Aaarncy B1U1Z1mD adYilllCI if tllcy would like to do that, that it is our IUmal pr&tice. Council Memllcr Wltlll)IICl' llated dial llllads like a p,d deal. Council Member Habenicbt and Mayor Baras agreed. Ml. Habenicbt amd if'lllal bas to be a motion. City Aaorncy Brotzman adYilllCI tbat if' Council ...-it• lira iadillg • it is, widlaul aay modificatiom, tllcy will DDl bring it back OIi scc:ond radiag lllllil it is liped. The City Ciak -akccl to read Council Bill No. 52 by title: COUNCll. BilJ.. NO. 52, INTRODUCED BY COUNCll. MEMBER WAGGONER A BilJ.. FOR AN ORDINANCE AU11fORIZING A PROPER1Y TRANSFER AGREEMENT BETIYEEN CINDERMAK ASSOCIA'Jl!S AND TIIE CITY OF ENGLEWOOD, COLORADO . COUNCO. MEMaut WAGGONER MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA rrEM 11 (a) (I) • COUNCO. aJLL NO. 52. Ayes: Council Members Nabbolz. Wiggins. Habenicht. Waggoner, Clapp, Baras Nays : Nooe Ament: Council Member Vormittag Council Member Wagoner said be wanred to clarify tbat this will not a,mc back to Council for scc:ond reading until it bas been siped by Cindermak. City Aaorncy Brotzman staled that is comet. (b) Approval c-1 Onlinanca 00 Second ltcadiag (i) COUNCO. MEMaut WAGGONER MOVED, AND ff WAS SECONDED, TO APPaOVE AGENDA~ 11 (II) (I) ON SECOND ll&ADING. ORDINANCE NO. 37, SERIES OF 1997 (COUNCll. BilJ.. NO. 35 , IN11UX>UCED BY COUNCll. MEMBER WAGGONER) AN ORDINANCE APPIIOVING 11IE SALE ON 11IE <RN MARKET OF FIVE PRCl'ERTIES, WIUCH WERE DEVELa'ED POil 11IE "BUILD• PROJECT. Mayor Baras explailllld dial lie will lllllaia ha dlis WIC • lie is 0.U-c-1 die Hoaial Aadlarily , wbicb --. tllc BUll.D ......... aad 11111 lie lllllaias oa all mMlels CODCel'llillg die Hoaia1 Autbority. Mocion carried. Council Members Nabbolz. Wigins, Habeaic:bt. W...,..-. Clapp NGK c-il Member Vanniaq MayorBarm (ii) COUNCIL ........ WIGGINS MOYD. AND rrwAS SECONHD. TO APPROVE AGENDA ITIMS 11 (II) (II) ON SECOND IIEADING. ORDINANCE NO. 31. SERIES OF 1997 (COUNCll. BilJ.. NO . 41. IN11UX>UCED BY COUNCll. MEMBER WIOOJNS) ... •· • 0 • E•clewood City Coaacil May 19, 1997 Pqe14 • 0 • AN ORDINANCE AMENDING Tin.E 3, CHAP1ER 7, SECTION 2. OF 1HE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO POLICE OFFICER PERMANENT DISABll.lTY BENEFITS. Ayes : Nays: Absent : Motion carried. Council Members Nabholz. Wiggins. Habenicht. Waggoner. Clapp, Bums None Council Member Vormittag (c) Resolutions and Motions There were no resolutions or motions submitted for approval . 12. Geeeral Di9tllaioa (a) Mayor's Choice I. Mayor Bums welcomed Ann Nabholz as the new member of Council . He said it was a pleasure to have her on Council. 2. Mayor Bums noted that on Tuesday he had the good fortune of appearing at the White House pursuant to an Environmental Proceclion. EPA. Brownfield Award to the City of Englewood for $200,000 10 help remedialc a,awninated industrial sites. He advi9cd Slaff applied for the award and he thought the process began in January . He swcd that Neighborhood Community Coontinator Mart Graham did an excellent job in applying for Ibis. Mayor Bums DOied we have also applied for a designation known as a Showcase City. and be Wldenlands lbeR are only 15 oldlllle ia die Clllllllly. and ii is a special bendit you can get for being ia Ibis program . He DOied 11111 only 34 naiYCld die pMl lbal we recciwd and this is for a revolving fund lbal we are going to Cllablish ia die City. Mayor Burm adviled 11111 the applicalioa initially Wgeted lbe General lrua Works site wl lbal lbae applicalioN are to pn!pOIC a plan for rerncdiMioa of enviromnenlal cliffiaallics. n.--....._.. of dlele lites all cwcr die CIIIIIIUy, be pointed out. where you have a cloed plul wbere privale iadllMry dilCs .. walll IO take die risk IO by IO clean it up and develop it Mayor Bums commcnled dial be act a aamber of Ma,ors oa bis trip from smaller COllllllllllities lbal have bceo devasuled by cloed plUIS -km of bundnds of jobs. So Ibis. be said, is an unportam program for die admiJlislnaioa and be felt ii is a real feMber in die cap for Englewood and Ibis could be a very imponant program . He DOied we have 23 EPA identified Brownfield sites in the City now . He saalCd it wu a real ~ to be Ill die White House for this pn:ICIIWioa. And. be commented. we hope to follow it up by being a Showcuc City . He said he appreciates lbe indul,eace of Council. sending him there. Mayor Bums DOied he wu sorry he wasn 't here for lbe Citizen oldie Year Rec:opition. He said he bu known Jim and Jennie Taylor for a long time and he -really sorry be had to miss it He lbanked Mayor Pro Tem Habenicht for taking over at the Study Seaioa and cliwilllling Ille Cinderella City c:ontract. Mayor Bums swcd ii WU a pleasure IO be al the White House wl he -very proud 10 repraenl Ille City of Englewood. He opined we will realize biger and bener lhinp from dlis applicalioa as time ,oa on . (b) Council Member's Choice •. ... •· , • • • 0 • Ea&lewood City C•ac:il May 19, 1997 hie 15 (i) Council Member Nabholz : I . She thanked Slaff for -,ting on thc Brownfield Grant and offered a special thanks to Mayor Bums for going and accepting that on behalf aC the City . 2. She requested permission from Council IO aacnd the CML Conference in Snowmass . As a new aiuncil ia-, she said. she feels it would be wry bendic:ial to learn her duties and responsibilities as a newly elected official . COUNCll. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE UP TO stOOO IN COST FOR COUNCll. MEMBER ANN NABBOLZ TO ATTEND THE CML CONFERENCE IN JUNL Motion carried. Ayes : Nays: Absent: Council Members Nabbolz. Habenicht. Waggoner. Clapp, Bums Council Member Wiggins Council Member Vormiaag (ii) Council Member Wiggins: I . He was curious as wbelher anybody paid attention to thc City of Sheridan 's situation with their town hall, if there were any lepl comments anybody WUlled IO make on that . Then: was no comment. 2. He welalmed Council Member Ann Nabbolz aboard. (iii) Council Member Clapp: I . She stared she would have felt better about the concrete and voted yes on ii if they bad one or the odlcr. Bui. she said. she just docs not feel comfortable with alkiag somdlody to bring up bacl payments and bring the concn:tc up to Slalldanl. Ms . Clapp noted she would rcaUy have felt • lot bcacr if it bad been .. either QI' sill*ioa and lhal is wby she Wied DO . SIIC apilled -amt --· 1illc .... wl she was glad to ICC lllllldhing pul in place. ~. she tboaglll it CIOUld haYC been a little bit bcacr if they badjllll dollc lhal ODC lhiag. 2. She welcomed Council Member Ann Nabbolz abolnl. She Slid she is lookiq forwanl to wortting widl her, as she lhougbl they all wen:. 3. She asked die City Attomcy to prq,arc. wba1cYcr is approprialc. an ordinance o.-rcmlutioa. for Council 's rn'icw, a ballot question for Nowembcr to \'Ole on u elected mayor . (iv) Council Member Habenicht: I . She Slid she WUIICIII to joia the raa af Council ill welcoming Ann Nabbolz to the Council . She noted ii is going co be fun and she was sure she will enjoy it 2. She lllled she is wry excited and bas ICCD the picllnl widl the Presidcal 111d the Wbitc Hoia.. She ...... Mayor Bums for the plOd pnlll fo.-En&lcwood, wllicb Ille Slid is always wry pcllilM. Ma . Habcllichl abo lbanbd Mayor Bums for pviag her the oppartuily 10 pnlidc II die Citma afdle Year Pl =I= IJlioa She QOIIIIIICDted lbal it -wry cxatina ud l'Cl'Y mwlnlilll for her. It rcaUy ii illlponanl, she said, to look bacl 111d ICC die~ dill a lot al-citizal haYC -* to -C 0 1)'. She DDl7d a lot aC our citizcas haYC ICIVfld oa our Council. • Mayor 1111d • Scllool Bmnl ...... ad die like . la I small city . Ille poimed out. it is IWWlg to be I laF peaatlle. Ma. Hllleaidll ..... it ii .. I· , • Eapewood City Council May 19, 1997 Pqel6 • 0 I• • just fun to be a part of it and she said she knows Mayor Bums sorely missed thaL Mayor Bums agreed that he really did and would have loved IO have been there. 3. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, FOR COUNCD, TO GO INTO EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE CITY COUNCIL MEETING TO DISCUSS PERSONNEL ISSUES. Motion carried. Ayes: Council Members Nllbholz. Wiggins. Habenicht, Waggoner, Clapp, Bums Nays: None Absent: Council Member Vormiaag 4 . Ms. Habenicht DOied Council had some coaccna about SWld By Penonncl and they took a vote that indicaled that there was not any action taken . But, she noted. there were: citizens oonccmed about whether or not they were: continuing in business. She asked how that was resolved. City Manager Clark advised that we have done daily inspections and he said he beliewd we did issue a summons . He asked City Anomey Brotzman if there have been any summons issued since then. Mr. Brotzman said no just one. Mr. Clark said we have them on video camera picking up people there at the site and we dctcnnined that they were: still doing business. He noted he bas not heard anything further and he thought they were in a,mpliance. City Anomey Brotzman stated that it is his underslanding that they are in compliance and the allOmey bas been in and we will be having discussions with the prosecutor's office regarding the one day that they were open in violation. 5. She commented that while we were: without a council member in District I some of the District I people had indicaled that they wanted to know who to bring issues to and Council said bring them to everybody or any of the al-large people. One of the issues was brought to her attention. in terms of some of the illUCS thal bad gone on with police paUOI in Districl I and also having to do with some of the liquor license kinds of things that have come up. She said she was called and bas been meeting with a citiz.en, Sandi Oslana. and also with Al Stanley and Tom Vandermcie . She DOied Ms. Ostema bas asked if there could be a leoer from the City in respoue IO all oC thal Ms. Habenicht said she talked to Mr. Clart and Mr. Stanley and if it is okay with Council she would like to put together that respoue to the NEON group, which is the group from that neighborhood. And she wanted to share that with Mr. Clark. Mr . Stanley, Mr. Vandermcie and Council Member Nabholz. IS she is the new Disuict I representative. if that is okay. Mayor Bums said that is fine . 13 . City M•qer'1 ~ (a) City Manager Clark referred Council to bis May Is• Cinderella City Activity Report. He noted it is a very brief repon with the idea that hopd'ully they would review a lot af issues tonight al Study Session . Which. he stated. they did . He said there was quite a discussion with the developer and the Museum of Outdoor Arts folks and they will contilNIC those efforts. (b) City Manager Clark advised thal they have SCI up-orientation toun for Council Member Nabholz and that they would like IO make thal available IO other council members. Mr. Clark DOied they kind of debriefed and dilCUDed this internally and decided pcrhapl we can do IIIOl'C wbcn new council memben 1R comin& on. orient them IO the City. So, be said, if any other council member would like to med with a director and ao out and view -oC the thinp thal we have got aoiJ111111. to jua let bis office know and they will mallc -~- Mayor Bums oommenled thal be is &lad we aR doiq lllal He nated be bad lalbd to Mr. Clark abcJlll tbil and be tboupl we could have cloae a better compn:bensive job in the J1111 on oriealalioll b new 0 •· • • • C. • (. CIIIIIICil mcmben. He mlDd it ii ID awfial lot« ardlto lean! iD a quick period «lime. As be tends to be -«• Yiaal ,._, be aid, be felt dllt oa a iu; •iew rally help you. To rally w what tbae dliDp loot lire, lllller 1111D jllll iadillg ID -.Y P1PS1 aad ieplllll aad ID lbnb. Mayor Burm opined ...... is -aoelleae plaD. 14. City Aalraf'• a..rt City A'lllnley a,._ did 11111 uve uy llllllen to brillg bein c-il. 15 . Mjlan• r t MAYOR aUJtNS MOVED TO ADIOOIIN. Tbe llleltillg adjounled a 9:29 p.m. ~b,f/.rtl L CityClat . . • • 0 1 a2xl • • 0 • C I T y OF ElGLE\VOIID O FF I C E O F N E I GH 9 0 R H 000 .l ,10 B U S I NESS 0 E V EL O~MEl'ol T Brian Cook. Owner B.C . Autos 3787 S. Broadway Englewood CO 80110 Subject: Soum Broadway Auto Dealer Concerns Dear Brian : May 21, 1997 First, let me take this opponunity to confirm that the City ofE:lifewood sees aum dealers as part of the solution for re-invigoraring South Broadway . We would like to continue working wim Sow:h Broadway amo daiers to mw Sow:h Broadway in Englewood we. mndve and a good place to sell c:irs. To help get things stll'ted we :mtic:pare revising the fmce orciinanc:, improvin& the street liibting. and encouraging private businesses associations for identity and m.arkctiDg advanta&es , On several occasions during the prescnmion of the South Broadway Action ?Ian, City sQff and planning commission discussed the impol'IIIIIU of your indumy to the overall halrh of Soudi Broadway . Over ei&ht hundred Engiewood jobs rm&iDI widely in skill level mi c:ompmsalion are based on amo sales and amo relmed businesses. The multi-million dollar annual payroll pnermd &om the 1111D induslry re-cin:u1as tbrougbout the !cal housing. reail and service economy . City services widely enjoyed by Enpwood residcms are funded from the subsamrial amoums of sales ma colleded on aum pans and accessories. Be assumi. there are no plans to remove amo sales or my Olber pemlilled amo relmed use &om Broadway. "AIIIOmohlk saia al rcllJiJ !,y a "6aJe licm,«i !,y tlw 5"'" of Colorado. iltd11dinf S6'lica and ac..'"urorla. and .41110mohih !~amt(' are specific:aily mmed a pennined uses in !be B-2 zone dislria in Eapwaod. You are IIOC lib Temporary ubor uses wbich are DDl namd a a pcmialld me in my ZDIII dislrict in EDplWOOCL City mff is DDl wodcina on llly,biq -would cblllp the lepl SIIIUI of UD -Oil Soulb Bromtway . There is oorhing in !be South Broadway Action Plan llm would support !Im kind of cb1np. It should be comtbn:in& that the plan proposes celetlnl:ini the lllZD with c:ir shows and panda and even car desip dllmes for the urban desi111 elements. I appreciale 1h11 you and !be omer dealers are mmdizJI the public lDftlinp to bar fint hlDd wtm is beinl proposed nllher tll.m relyiq on quesaonable acwspapc :'lpClltina. 1blaks for brincinl my 31111D1ion a, die miqivinp 1h11 South Broadway AUID Oalers baYe 3bour pilm for Soulb Broadway and die source of!Dlir concem. Most receaay tD1re ~ tw0 occaiom wbm Ceawr POlr anicta hmlped Eapwood's acaoas reprding T empomy L..lbor. P2wn Shops and Cir Daim !Oplber. Thi Olnwr Paar article by Aapla Conaz 111d oews brief &om the Sunday May 11 edil:ioa erroneously simplify !be prapaad solulion a ~ OUl!° Vlrious btnineaes Two of the mree land 1J11S (DDl 3111D dailn) will be dilclmld • me June :. 1997 City Council Meetiq. T emponry L.lbor and P3wn Shop orctimDces .. scheduled tbr public 1-ina- 1'00 S ourN !.>ri S •11·. Eull ,ooo . CHouoo U 10 ·?300 r, I· 0 • • ,~ • 2 Elimimmng impac::s from Temporary Labor hails is impon:am ID !DIiiy Englewood citizens. The land ia issue was recemly presemed ID tbe Planning and Zoning Commission which dcmmined thu Temporary ulxJr businesses are not now (and never wen!) permmed as a land use in Business mae dimias. The PlalllDIII Commission recommended that Temporary Labor land uses be permiad in lnduscrial Zone Dislriczs wbm S9plr'lled from residcm:iaily zoned area. liquor smres. bars. public pmering facili1ies, schools. piaypoaa,ds aad parts. City Council will consider tile Planning JDd Zoning Commission recommendaion • me t,ipiar Monday, June : meetin&-They c:m accept. reject or amend me proposal at !Im time. ~ businesses are also on tbe Jwie 2nd City Co1111Ci! .\pnda. The Planning :md Zoning Comminioa is recommendm& !Im the City Council ~~., ctisang ~ businesses but also adopt measures prevem:ing further conc:emnmon of Pawn uses on Broadway. The Planning Commission recommended ttm tbe Council emblish minimum disrlDce between ~ uses for my aew ~ !Im wams ID set up sbap. Exisl:ina Pawn businesses cowd continue ID opera and even be sold so long as the Pawn use is cominued wilbout an intemlption of 180 days. Beause almost one third ofme land alanl Soudl Broadway is devOled ID IIIIXI sales and re1-d uses, tbe bigat opponunity we !lave iclenmied is ID develop prolfllllS for improving tbe pbysica1 appeanmce of tbe meet in conjum:tion widl businesses The Neighborhood and Business Developmem: Office will soon be marminl loans for facade enlw emmn wortcma wilh Urtmi Desigaers ID include desip eiemems in plans for public works projecu and 1-=I men about Businas l'mpiovemmt Distric:u that are dlriving in odm paa ofme mao area. We coaama 1D hope ma we will idemify ftmdinl ll'eCblaisms 1D paniapa in improvemems m realm me dislric:t concepa described in me Soum Broadway Action Plan. Please cominue ID wont widl Ill • we worit tilroqh tbae issues. The second band license OntimDce dlll you camamd me abaul is beias zwvilld. nm. is a COIIIIDSIII 1im it sbauld be clelr 1im it daa nat apply 1D .., dealers sellina lad cas aar ID pawn sllllpl • badl n alreMy licemed sepanaly. Wbm -pt a copy af 1111 rmsed Ordimace Im 11191 ID NIii it ad -if1bl ilas is mare clar. If it llllds tbr1blr nmsiaa, 11m dmw will be opj)OIIIIWDii in 1111 ~ .... i:aac-1D say ma. To summaria: • Enpwood mppans .. dllllll ad ndad l'lllil 111d mvice bcwi ·- .• Day ubor bowin may be reqund ID aft Bniadway 111d rwioca DID lDdmrillly mmd ..._ • Ezisanahwmwillr-*bur ... Pawmlllllll~ linacia&rwquiaw. n. Slr-sY for Um C. Oallrl ID dal is ID -a •• Diilm 1D pt~ ad claftiap ...... llr. iaupo......_ dlll w 1111 ccmmcm pl af e lww · • Saadl ~ 111d adm .. a1911:11rily ..... acardalcn. Webetil¥elimit'1pcmibie1Ddodlll. "-Clllif-c:mbeof · za..:eorifyoalme qmmam about mydunc in dlis llmr. Sillcerely, /?/-v!C-f- Mldt Grablm. AlCP (303)762-2353 Neipborhood Coordinaar cc Alt Scibelll. a--Coontia.-. Harold 5cm. o.v.i..-Coontiaaa RuOeft Sillqlloa, Dlncmr, Neipt a Iba a Ii & 8--0..li, rear -------·--- .. I· , • • • I• •, • '· 6 b Enstewood fire R1hter Association • Local 1736 555 W. Jefferson Avenue • Englewood. Colorado 80110 Honorable Mayor Tom Bums, Englewood City Council Members 3400 S . Elati St. Englewood, CO 80110 Ladies and Gentlemen : May 29, 1997 The Englewood Fire Fighters Association respectfully requests that the City Council table .. Council Bill 40". It is our contention that the topic covered in Council Bill 40 is a subject that should be settled by negotiations and stipulated in our contract. We have initiated negotiations with the City, and praemed leWl'al items, including our proposal reprding this subject . We requar that the City Council table this matter until u:h time that it is aacceafully reaolved by negotillions. If you~ any questions resmdins this iwe, plew comet me . I will be hippy to diKUa this isaae with you at length. Michael Gnllldllfr President Englewood Fire Fighter's Aaoc:iation • •· 0 • • • ·, • ,, U.S. Pawn, Inc. Opposition to the Fingerprinting Requirement in Proposed Council Bill 43 June 2 , 1997 • U .S . Pawn has a pawnshop located at 5030 South Broadway in Englewood and opposes the fingerprinting requirements in Council Bill 43 (proposed section 5 -15-4(G)(4 )) for the following reasons : fin!, pawnshops already have a public perception problem which will only be compounded by requiring pawn customers to be fingcrprinred . Right now, we believe the public still views fingerprinting as being associated with criminal activity and/or as a violation of one's privacy . As a result , many customers will probably choose to pawnshops which do not require fingerprirmng ; ~. the stigmatization of our customers associated with fingerprinting and the likely loss of business outweighs any possible restitution benefit . Franlcly , pawnshops stand to benefit the most, in terms of restitution, from fingerprinting, but we still oppose it because of the potential negative effects; and Thia!. there has been no proven need . The Safety Services Department, although well-intentioned, has not shown there has been an increase in the pawning of stolen goods or that there is still a high percentage of stolen goods being pawned . In fact, at our Eng)cwood store, the percentage of stolen goods compared to the total loans for the store for last year was extraordinarily low --0.2%. • We at U .S . Pawn do want to make it clear, however, that our position regarding fingerprinting should not be viewed or inlcrpretcd to mean wc are anti-police . We appreciate and strongly suppon the City's efforts to carch criminals . We try to make every effon to help the police and with each pawn wc give detailed information regarding that pawn to the police . • Mr. Mayor and members of City Council, we believe that at this poinl in time the negative aspects of fmgerpriming outweigh the benefics, and we ask the City Council to remove this requirement from Council Bill 43 . .. • ~ w N NO Of' CON I IIIIC r N/ICNlfr Of' l-1 IDfl IMlE TIIII ! ! ND.OP comw:r MalUNl Of' IIW&CTION DA?I! lllll! er.7862-.. 43423111 •73.ea MTDI 11 ... _ lalllliL NU. OA • lt:114-AIE II). .. _ 116/.2/97 181481(' 867IN,l -9M.J4i!101 ti••·· IIIULOIIMIMNl'lffNC) , AIITDI Maa.11'>. OOWAlQICAIINO. ·, ma ua &flWI fllf,/IJ2/'J7 1111 It 7A IIIIIAl OIi-NO. .. ,..... _, _,.,u IJUCall'TlON -E WICIW'YICIN J. 91'8 17 1• 1•r EA • D.IK 1111-tl -· a, ll'MIINOII Ofl IIUEA l<AUFMAN, BAE TT ID9'lli'5 ADOAU9CJTV ITATI Z,,, I '9776 E E.A&HIAN AV~ AUAOIIA, CD 8N13 ID Uawa OPIIIIU CCIIOI Oii lWZ I 11:lllltr IJlwNrrE n .,.. & ' e.2 " 0 ILACII n OTHER IDINnrlCATlON NO. I TYre DAU. L IC. Cll/~4-145-191 It Mllllff DOil 19:5 10/1117/4(, .. (. ••• llJI .,. NIIMI! C,. PANOI 0A Ill I fll .l KA!.FNAN, BAE.TT :l «-I.Ell! AOOIIIIS<"Jf'f ITATI llP :~ 19 77(, ~ E~TMAN AVE ( AURORA, CO 8Mt l '.l l!X COI.ORORIW.'1: ;: UMALI Uwt11TE UIIIA :I f.lFDMLI 091.AaC CJOTHER •i tlEIQlff 6' •2· U.S • .,...., INC. !WEB7'11NBfEft> 722~ Low•ll Blvd ;1 lJ.B. ~·AWN, INC. IWl::EiTMJNSTER> .... tllW..... ·! IIPl>•CMV-, IDIHTW'ICATIONNO. I IYl'E Dfcl,I. I.Jc;. C0/94-14:5 ·-l 'JJ4 .... 0.0 .1 t'J:5 1e1e11•& 7~ Lowell atvd fT•,,.Ji6J--''i'""''1 ,-..,w,,1 _ .. -;; fT•,,.fWel-•~.,,....,r.1 _~ ___ ') _____ _ :':!...... 1167er.2-Nl4342l81 1 :.:..':: eHt6J -lill04342HI .. ,----------·--·---- , .......... _..~ii,,ou'I ..... -......................... -.. JilJt•• ONo ~ 1.IIIWlllclllOlllllllllltallybVyeu? .................................... _ ... ~ lJtlo I.Howllllll._.,___. .. ...., .................... -........... ol;M4tts ~ 2.ttawlllngi.eJIOUOMIICllllerlldl? .................... -............ '4y«4<• s.oi.,..,._ .............. , ..... _ ........................ ov.. 8No ~ 1lM,ouor--.11Nlllldlllelll1llllt? ............................... ov. liil.HD ............. , ---: .......... II: ____ --------- 4· 0..,ourl>l"'9f•LID. Na. Cll/'J4 -14:S··l• l • ,.,, lcllllal haullly No. 29.4 ... 74 .. ,.. .......... ,...,,.,,...,...,... 4· Gha ,_. Drlwt'a lie. No. C0/94·-I 4:5-1 'JI 1111d ,..., Soclll ~ No. e,.,....,.," ... your flngelplnl • -If,..,..... lial ........ .._. . mdllvw'a.._.. , .......... ,...., . ....,,., ............... ,. ~e ;_,,,_ ..... ~ I dedara, ......, J*11111Y ol pe,lury, 11111111 laragafng II ~y~ ,...._ Anear,IW j IM(fflt$'.:. ~ _...,"---........ ~ ....._ , • \. r I • • 7 • ~ C. • • J ND DI-IXlttlltOC t -,uHI° 0, T1-.11DN OATI! ·-) , NO.Of' c:omw:r AMOUN1 Of' ·-TION DATE 11111! er.7962-•e43423411 •1z.•~ M1•2197 ••,,.a,(' •&1•1 -tWMJ4;!101 uee.ee 1/.161~21•,·1 111,1t1A MITOI! u ..... IIUlr:L M.l. on WA Tr.It !;AK NO .._ --.1111--Nl'I AllflCLI IIODR.N') ORWATCIICA.IIO. KIUM.OIIMDYH,ENTND ', ma u.i mMt "~ -I _ .... OUClll'TION 191'1 11 llm 1•r SI• D.W •-tt L (. -f DrlCIW'TION .. ... ., ... _,a,-Olllll1ll!n t<AUFNAN, IL'JIIE. TI CXllftl .. -aTYflATI n, 1•776 E E~lNAN AV~ RUftfllln, CD BN13 -COIOIOII _. u.w. UwMn ns,11 DFIIW.E OaAae nmHEfl lll&IJ ,., e.P." NIIMI! 0,-rAN«IA Oii .I.II!" :i KAlFNAN, BAE.TT IDIMWICATIONIIO.ITYre :l ~l!Tl!ADIJ"HSCIJ'rflATlllP DRU. L tr,. ·'. 19776 ~ EASTMAN AVE Cll/'t4 ··14:l-191ti i' AURORA, CO 89811 oon. '.l IEX r.o.ononiw.11 "'"'"' 195 10/1117/46 ;1 Uaw.l! UWHITl [.Ja,11 ;~ LIF!MM.E OIILACIC OOTHER 'I IEIOIIT f,' •2" IOIHTl'ICATION NO. I NI'£ DAU. UC. C0/94-l4~·· l 914 KICIIIT 1,:-; 0.0 .1 . 111/87/46 u.s. PAYt, JNC. (WEBTMINIHEft) 722:S Lo-11 Blvd ;•, u.o. PAWN, [NC. IW1:STMJN6TER> 72~ Lowell Blvd iR•IIIIY..... ·, llft>•CIIIV M41 <T•"JiaJ-,.J"f-t,~J _ .. • ~ (l"eHJ'U-~.,....6_,r.,_~ __ ..c..-J ___ _ ::.:....... N,?W.2-Ml4342,111U ·1 ::..i:: 967061-No\3421181 ~ -· -----.:--· ---·--_r I . lllle.,.._,. llllllrh, ,...n ................................. di.Vet ONo ~ I. II III allctaOlllwd 111•11VyG111 ....................................... ~" lJt10 Lttlwllllga...,-...... alall? ............................... olJl'441 ~ 2.tbflantl'-WollCMllldlllilllldit? ................................ /fy4<S 1,oi,,_._ ............. , ............................ DY11 8No ': 3,Dllt,ouor..._.11Mlllldh1111n111? .............................. . • ,.._glwedlllllll · ·-. . .,.., ..... 111: __ . •.oi..,our.,..,-.ui.NI. CU1'4-l45··1·1 ... ,_ .... .....,No. 2984 ... 74 .. ,..~ .. ,.. .. ,..,...,. .. -,. 4· OM,_ 0.,-,. llc. No. Cll/94 ·-14:5-19 I 11111 W'JII' Soc111 s.ua,No. e,e4M1174 .... ,.,.. ......... • 11g111,• W'Mlf ........ .............. . an.......,.,am.. ................... IMl!utY ................ ~e~-----I ,..,.,_,.....,llfpe,fllty,1111 ........... ,... __ ~$'.:X: cf -·-= lllgllll-~ ' "'- , • ~ r I • l' . I • • • , . • TO ENGLEWOOD CITY COUNCIL & MAYOR: Will Englewood once again be a peaceful community? Or, Will Englewood's problems from day labor transients littering, loitering, urinating & defecating on our yards continue? Will Englewood once again be a pleasant place to shop? Or, Will Englewood be notorious for exploitative businesses, known for fencing stolen goods? Will Englewood officials listen more to Englewood voters & residents or to business owners that don't bother to live anywhere near here? The owners of day labor halls & pawn shops portray themselves as altruistic heroes, helping the poor. These owners want us to think they are victims , while they victimize both our neighborhood & their own patrons. For over 400 years , economics students have studied Gresham's law, that "bad money drives out good•. For example, paper dollars drove silver dollars out of circulation. We've seen nuisance businesses drive away many of my good neighbors out of Englewood. Rocky Mountain Har1ey & other successful firms are leaving Englewood. The day labor halls are notorious for their problems. Since last · July. Englewood police have had 42 calls regarding just one day labor hall. • The problems induded harassment, theft. warrants from previous arrests, plus the offenses listed above. Additionally. neighbors have suffered from increased litter, including syringes & many liquor bottles. Standby Personnel , 2901 South Broadway , is open 24 hours a day, yet does not provide adequate toilet facilities for the hundreds of day laborers it employs every month . Standby's location next to a bar & liquor store, greatly aggravate the plague of litter & pubtic drunkenness. Standby Personnel is a multi-million dollar business [one of Colorado 's 150 largest companies) with eight locations. WHILE STANDBY HAS COST THE CITY TENS OF THOUSANDS OF DOLLARS FOR POLICE CALLS, IT DOES NOT PAY EVEN ONE CENT OF ENGLEWOOD SALES TAX! Furthermore, Standby pays the lowest hour1y wage of any company of its type, only $4 .50-$5/hour. Every Englewood pawn shop has been caught with stolen property, according to Englewood police. Pawn shops can have a larger arsenal than some police departments, with prominently displayed shotguns, rifles , pistols , knives & more. In an article about South Broadway last May , the DENVER POST said, " Some pawn 1hopa haw the 1nartlng Dobennan Plnscher behind the countar, the pall of smoke Inside & people with a .45 pistol strapped around their waist. They SNm Hedy." •· . ~ · ... • <. ... Pawn shops like to portray themselves as an ·attemative to banks.· I suppose loan sharks also view themselves that way. At the 1/21/97 city meeting, a pawn owner bragged that he ·only charged $150 interest for one month on a $1500 loan·. This is 120% per year, or 1,500% more than bank loans, or 700% more than credit card interest rates! I've seen people drunk or drugged, with incohentnt speech & offensive odors, come to my business, desperately looking for a pawn shop. Will that ring get pawned for the next drug fix? At. least five times I've had property stolen & then pawned br the thief. Pawn shops paid under 1 O cents on the dollar for brand new merchandise. City officials claim they want mont young families & homeowners, plus upstanding busineu• to staMgthen the city economy. Yet soon after the presentation of the South Broadway redevelopment plan, city officials held private meetings, without any public scrutiny, with pawn & day labor owners to compromise or weaken the original plan. The Broadway red8Yelopment group hasn't even met with any neighborhood groups! Much has been written about our criminal courts, which can show more interest in the rights of criminals than their victims. Here we have some city officials interested in protecting the businesses that are mugging our neighborhoods. Although owners of these buslneu do not live In Englewood, more Interest Is paid to them than Engll'WOOd ,.. ...... & voters. Ron Gold I have lived in & owned a business in Englewood for over 20 years. I own both my home & business property , Gold Sound , at 4285 S. Broadway. • •. .. • ; • . • • .. • • 0 i. - Ron Gold, Englewood home & business owner since 1976 . Cherry Creek, Lodo & South metro are booming . Since 1993, Glendale sales tax dollars increased 61%; Greenwood Village, +96%; Littleton, +46%. Just Englewood & Sheridan declined, the only places with day labor & pawn shop growth. Englewood has the most pawns per capita in Colorado, more than Cherry Creek, Glendale, Greenwood Village, Littleton & Highlands Ranch combined. What others don't want, Englewood gets. Successful places [& hopefully, Englewood] restrict pawns & day labor halls. Two pawn employees wrote letters, induding the CEO of EZ Pawn. This Texas executive of 250 pawnshops, grossing $174 million last year, daimed "to help the less fortunate·!! His own report brags of ·2u% annual loan yield. or ten times more than credit cards or banks! A $10,000 annual loan returns $31,000; in two years, $100,0001 Yet he daims ·pawn is not usurious·!! Mother Teresa knows that, "helping the less fortunate·, hardly enjoys exorbitant & speedy profits. The minimum pawn interest rate is 10% per month, with actual rates far higher. That •pawnshops have more weapons than police,· is irrefutable. Both pawn employees ignored this. Weapons [rifles, shotguns, pistols, knives & more) are pawns' most numerous item. The first pawn employee admitted Englewood's decline, ignoring reasons . Once, South Broadway was a prosperous, booming area . Now, you'll see day labor halls next to pawnshops, bars & liquor stores, discouraging many from shopping & living in Englewood. A master pawnbroker & writer provides the best evidence of pawn's destruction. P. Fletcher started five pawnshops & brags of 250% profit, ·sso,ooo on $20,000 investment in just one year.· Quotes from THE PAWNBROKER'S OPERATIONS MANUAL, 1993: "[Pawn employees have) few promotions, no benefits, & absolutely no chance of career advancement ... Who borrows money in pawnshops? Junkies, prostitutes, dope dealers, thieves, derelicts, depraved; welfare recipients .... When a pawn opens, the local indigent comes first. ... The word pawnbroker comes right before the word prostitute in the dictionary .... "The pawnbroker has $25 in an item selling for $125 .... Being located next to a liquor store would be ideal.... Pawnbrokers don't care what the community thinks . The more negative feelings toward his store, the happier he is because he knows there'll be more resistance to new pawns being allowed .... "Poor areas welcome any tax base revenue . They wouldn't care if the pawnshop was painted green & offered a tattoo parlor & questionable massage par1or .... The majority of pawnbrokers were pushed to seedier sides of town ... a few hung on, most likely by cheating .... "Weapons [left] dents in our safes & bullet holes in the ceiling! A pawnbroker can cut business in half not dealing in firearms. To be successful, handle firearms .... Tools, like all merchandise, are taken in at 10 cents on the dollar .... Chances are excellent the instrument is stolen .... • • •. I· C • • ----------- EZCORP, Inc. Unaudited Selected Operating and F"~ Data OboenNm ev:ee« RIC.,.,. l'DAYD!I .,,.,.. dolec kw tumcMr cwmcrm and.., ANDI\ TlvaaMnnthtiEDIIIIII 6&14 YM Endtcl 9/30198 9/30/95 9/30198 I.anding Aclivity: s--loan grOWlh (declinel (10'!1,1 (1 '!l,I (10'!1,1 ........ dollar loan • 117 • 70 • 117 Pawnloana~ • 34,11311 • 39,782 • 34,11311 Loan balance per ending -• 141 • 152 • 141 ~ Annualized yield on io.. ey 211'!1, 209'!1, ~-711'!1, 78'!1, Selling and lnv-ory Activity: -} S.11111 store sales growth (declinel ( (7'!1,1 ,-(13'!1,1 12"'1 Inventory • '311.•3' • 41,575 • 35,834 Inventory P• ending store • 1411 • 159 • 1411 Annualized inventory turnover 2 .0x 3 .2x 2.31[ Other Balance 5hNt Data: Cuti and equiv...,n • 1,419 • 4,593 • 1,419 Long-term debt • 111,4111 • 43.017 • 111,4111 Stoc:llholclen' equity • 112,991 • 109,375 • 112,ff1 Book value per .... • 9 .42 • 9.13 • 11.42 Tangible book .,,..,. per lhare • B.2B • 7 .90 • B.21 StoreSutus: 8eginnine -· count 242 282 2111 Stores opened durin9 period 5 5 11 Storee acquired durin9 period Stor• cloMd durin9 period 111 ,., 12111 Ending -count 2411 2111 2411 ........ 244.0 2111 .5 253.5 Note : AJ balance lhNt data ii • ol lhe end ol lhe period . For further Information, contact: Page3of3 • DanTonl111n Chief Fir .... Offlcer (112) 314-2220 9/30/95 ""'' • 70 • 39,782 • 152 204'!1, 711'!1, 19"'1 • 41 ,575 • 159 1.91[ • 4 ,593 • 43,0117 • 109,375 • 9 .13 • 7 .90 234 33 (Ill 2111 247.5 .. ., • • • 0 (o - Elizabeth A. (Libbie} Gottschalk and William and Juli4 Scott 290C South Grunt Stn!iet/300 Bast Bates ADeftue and 2914 South Grant Street EngleUJood., CO 80110 (303} 783-9826 • (303} 761-9946 June 2, 1997 Mayor Thomas J. Burns and City Council Members City of Englewood 3400 South Elati Street Englewood, CO 80110 Dear Mayor and City Council Members: It is our understanding that the locations of Standby Personnel and Printers Personnel at Broadway and Bates and Peakload Services at 2756 South Broadway are contrary to city ordinance and therefore illegal. It is our further understanding that during the time Standby and Printers have occupied this corner-and Peakload two blocks further north on Broadway-you have received endless complaints from the residential neighbors centering largely on health and safety issues. Specific complaints we have heard made to you or which have been witnessed by family, neighbors, or ourselves have been that clientele of these companies break into and enter garages and backyards; that they urinate, defecate, and vomit in public areas such as streets, alleys and parks (Bates-Logan, specifically); that drunk and disorderly persons wander neighborhood streets after leaving these establishments with pay used for alcoholic beverages or drugs; and that litter and debris increase exponentially in the summer months. You contemplated allowing an additional 120 days to Standby's illegal, dangerous, and noxious presence and according to the media. appropriately denied them that continuance. We heartily applaud that decision. Therefore. it is beyond our understanding that Standby now has notices on its door indicating that they are continuing to function out of that location by a thrice-daily van pickup of their clientele. According to these notices, their mail is delivered next door to Printers Personnel; and Standby "will not let the City of Englewood prevent you (their clientele) from working and paying your bills.· ln other words. denial of the continuance was apparently without any effect whatsoever, except the removal of office furniture . Consequences to the neighborhood remain precisely the same. ln addition. these notices state that Standby is seeking a new location ·neamy. • It is confusing to see in the media that continuance was denied and then see the business persist in its .. I· ... . ... · ... • operations bruenly and conspicuously in the same locale. What exactly does denying this continuance to Standby mean? A closely related issue of equal concern to the neighborhood is the presence of businesses like pawn shops. cxotlc lingerie. check cashing. X-rated videos. an overabw>dance of liquor stores. any and all of those entities that degrade the City of Englewood and support or encourage drugs. crime. and other behaviors inmagrucnt with familial interests. 'lbe unfortunate existence of this type of conu1N':fCC cncouragcs additional like businesses to view our city as a potential locaUon. What is the motivation to allow these businesses to locate here? Are the9c tax revenues worth the price in quality of life for our families? Please inform us what direction this City CounctJ intends to pursue for the City of Englewood with regard to Standby Personnel in particu]ar and these other entities in general. Is it the future of South Broadway to become another East Colfax? 1bank you for your time and consideration. Ubbie Gottschalk )Mla-LcS~ ...... ~---, Julia L. Scott uL2~- Willlam L. Scott .. .. • ; I • ·, • WE THE UNDERSIGNED, CONCUR WITH THE STATEMENTS IN THE ABOVE LEITER .. . . • 0 '32xl • • • <. ~~o 7 S". ~/-:r-1-.' ,gt.X> 6 . ~ Av 5c>1, 1 . G~a.-..L ~ ;;2 'D'4! 0 . ~ h(., ~ s+_ ;MfS/ Jd--~~ .:L,35-$-S~~+-- &f'fro 5 ) ~ ?;I- .; ,~" ~--s-~ J;. (7-r 7 s-s G ,,e,o,,f :). J 1 s 5. f,' Ila" f .:;:r_ ' J <s,--a-.~ 7 ::r 5 ...lJ~l ,.. , ~ -2-CJ=t- b · ..,< -t> (,-J7.;- ,1~r7 ~-3.--9~ -. l -J,,-C,:j-- t. -« -C/7 & o< 1-7 I,· :i.-17 ~-2-f? . . •. . . . • ; , . . . . • • 8 1 I WE THE UNDERslGNED, CONCUR WITH THE ST ATEMENfs IN 11iE ABoVE LEITER t1,u.<..<..P a ~~~ ~ g (j, ~. s . 6 '7;..,.,__j ~ . c::;.;,,~ l, .J.-'i7 i7. '[2_.__ UZ 4-s;. G.,,.,.,,. <;,. 6 -Z. · ''if r: 11' Sk)-~"-d-it.)f 5. it,c,.,;f-.SI-0 -IX -9 7 ~ll.r.M..,.!t}f/11,~ n1(. c:;., fk""1 :>T &> -2 -'77 4rvL ! , (! t-,i.M,..-,:; 81 o ?Ip . iJ-u.-,1.f '>f-0 / af '1'1-~ ti~ ?--q5·'J s-. Gn:~11+ s,-,-:;.-r? .. • • t• • 8 a PROCLAl\1ATI0N WHEREAS , in 1993 , Bishop Elementary implemented a "Students in Action Reading Incentive Program ,· a program that promotes and n:wards reading outside of school ; and WHEREAS , this year 3 15 students from Kinderganen through Fifth Grade participated in the "Students in Action " program, more than any previous year; and WHEREAS , Bishop had one hundred percent participation in the program, with each participant reading at least one book and turning in at least one book repon and seventy two percent of the student body reading twenty books and writing twenty book reports; and WHEREAS , Bishop students read a combined total of 11,752 books during the school year; and WHEREAS , the Students in Action Reading Incentive Program improves student performance and school climate; and WHEREAS, reflecting the philosophy that it takes an entire village to educate a child, the program has rallied the suppon of parents, the Englewood Rotary Oub, and other community volunteers; and WHEREAS, the program is likely to have long term effects that could include better readers , higher graduation rates , and ultimately, preparing students to become citizens equipped with the skills needed to build a more vibrant and enriched community; NOW THEREFORE, I , Thomas J. Bums, Mayor of the City of Englewood, Colorado, hereby congratulate the participants in Bishop Elementary School's "Students in Action Reading Incentive Program" and proclaim: "The Students in Action Re.iding Incentive Program" is a wonderful tool to help enhance our community by enforcing the imponance of reading and preparing our students to become well-educated, accomplished citizens of our communitv IVEN under my hand and seal this 2nd day of June, 1997 . Thomas J. Bums, Mayor .... • . .; •· --------------------------""""".,~----------------------------- • • • 0 - PROCLAMATION WHEREAS, in 1993 , Bishop Elementary implemented a "Students in Action Reading Incentive Program ," a program that promotes and rewards reading outside of school; and WHEREAS , this year 315 students from Kindergarten through Fifth Grade participated in the "Students in Action" program, more than any previous year; and WHEREAS , Bishop had one hundred percent participation in the program, with each participant reading at least one book and turning in at least one book report and seventy two percent of the student body reading twenty books and writing twenty book reports; and WHEREAS , Bishop students read a combined total of 11 ,752 books during the school year; and WHEREAS, the Students in Action Reading Incentive Program improves student performance and school climate; and WHEREAS, reflecting the philosophy that it takes an entire village to educate a child , the program has rallied the support of parents. the Englewood Rotary Club , and other community volunteers; and WHEREAS, the program is likely to have long term effects that could include better readers, higher graduation rates, and ultimately, preparing students to become citizens equipped with the skills needed to build a more vibrant and enriched community; NOW THEREFORE, I, Thomas J. Bums, Mayor of the City of Englewood , Colorado, hereby congratulate the participants in Bishop Elementary School's "Students in Action Reading Incentive Program " and proclaim : "The Students in Action Reading Incentive Program" is a wonderful tool to help enhance our community by enforcing the importance of reading and preparing our students to become well-educated, accomplished citizens of our community IVEN under my hand and seal this 2'\d day of June , 1997 . ·e · ?nnied on Recyc led ?aper =-- ...... I • J • 0 - PROCLAMATION WHEREAS , recycling saves precious energy. conserves valuable natural resources. protects the environment. reduces landfill needs and has a positive economic impact. by creating jobs and paying ci tizens for their recycling efforts; and WHEREAS , the State of Colorado benefits greatly from having one of the most successful and extensive voluntary recycling programs in the nation; and WHEREAS , it is appropriate to encourage continued interest in recycling to assist in the enhancement of communities and in recognition of the principles of buying products made from recycled materials; and WHEREAS , Colorado Recycles is a statewide, non-profit, educational organization promoting the growth of recycling in Colorado; and WHEREAS . the impact of Colorado Rec ycles and all recyclers will continue to aid the State's economy and will be beneficial to the environment; NOW THEREFORE. I , Thomas J . Burns, Mayor of the City of Englewood , Colorado , hereby proclaim the month of June. 1997 as : COLORADO RECYCLING MONTH in Englewood. Co lorado and I urge all my fellow citizens to support recycling. GIVEN under my hand and seal this 2nd day of June . 1997. Thomas J . Burns, Mayor 8 b or.nte\l .:in =ecyc ed =1:er • I " • • _) • 0 - PROCLAMATION WHEREAS , recycling saves precious energy, conserves valuable natural resources, protects the environment. reduces landfill needs and has a positive economic impact, by creating jobs and paying citizens for their recycling efforts; and WHEREAS , the State of Colorado benefits greatly from having one of the most successful and extensive voluntary recycling programs in the nation ; and WHEREAS , it is appropriate to encourage continued interest in recycling to assist in the enhancement of communities and in recognition of the principles of buying products made from recycled materials; and WHEREAS ; Colorado Recycles is a statewide, non-profit, educational organization promoting the growth of recycling in Colorado; and WHEREAS , the impact of Colorado Recycles and all recyclers will continue to aid the State's economy and will be beneficial to the environment; NOW THEREFORE, I , Thomas J . Burns, Mayor of the City of Englewood , Colorado, hereby proclaim the month of June, 1997 as : COWRADO RECYCLING MONTH in Englewood , Colorado and I urge all my fellow citizens to support recycling . GIVEN under my hand and seal this 2nd day of June. 1997 . • I 0 • • 0 - PROCLAMATION WHEREAS , homeownership str engthens families, builds communities and promotes pe r sonal well-being; a nd WHEREAS , the Hous ing Authority of the City of Englewood , Colorado is actively e ngaged in increasing homeownership opportunities for the people of the City of Englewoo d and is doing so through the successful efforts of a partnership of public, private and nonprofit organizations; and WHEREAS, the Englewood Housing Authority has, primarily through the use of federal . local and private resources managed to develop various homeownership programs and opportunities for over ten years ; and WHEREAS , the Englewood Housing Authority is an active affiliate of the National Homeownership Strategy and The National Partners in Homeownership, which seeks to increase the national homeownership rate to an all-time high of 67 .9% by the end of the year 2000 ; NOW THEREFORE , I , Thomas J . Burns . Mayo r of the City of Englewood , Colorado. hereby proclaim the week of June 7. 14, 1997 as: HOMEOWNERSHIP WEEK in the City of Englewood , Colorado . I urge all of our citizens to recognize this special o bserv a nc e. GIVEN under my hand and seal this 2nd day of June, 1997 . I 0 -~ • · ... • . . PROCLAMATION WHERBAS, '-owaenbip ~ familiea, bailda -aaitiaa wl pralllatiN penonal ..0-beiq; and WHERBAS, tbe llomiDc ~ altbe City al Ba,lewoocl. Colando ia admlly ...... in iDcnMiq .____, appart:anitiN far tbe people altbe City al.....,_. wl ia dame ao 1:braup tbe IUCONdal eftbru al• partDlnbip al pdilic, pmata wl DODpl'Cllftt orpmisaticma; wl WIIDBAS, the.....,_. Houias ~ bu, primarily tbroqb the -alfedenl, local wl print. -........ to deftlap ftrioaa ..__wmip prclp'&lll9 and oppartmaitiaa fill' -t.m ,-rs; and WIIDBAS, tbe .....,_. 11aaamr ~ ia an adiw alllliue al the Natiaaal 8-~ 8trat.eaJ and TIie Natimal Putmn in~. which wb to maw the DAtimll ~ rate to a all-time biab all'l.K bJ the md al the :,Nl'aDOO; NOW THEBBPORE, I, 'lbcaaa J . Burm, Ma:,ar altbe City alBnalewood, Colondo, bael,y pndaim tbe .... fJ6 .,_ 7 • 14, 111'7 a: IIOIIBOWN'PSHIP wm in the City al ....... Colando. l mp all al_. c:i*'-to recapiae tbia apecial obaenance. .. le • ' I • - (. =i!l;Z:~:;~~~~°'"SS~S $635 5;;;;SS'Si'ZiSZ6S~, ENGuewoo':> HERALD ~ /1.. ' STATE OF COLORADO ss I COUNTY OF ARAPAHOE ~ I, Gerard J . Healey, do solemnly -r that I llffl ttw Pl9eklent 111d PullHetler ~ of the ENGLEWOOD HERALD; that the ..,,,. is a -'dy newspaper pub-I lished in the City of Littleton in the ,, County of......,_, ... of C. (4 ONdo. and hu a general circulation lheraln; 11\al Mid ~ has been publllhed continuOUIIY and uninleffUPI· edly in Mid COUnty of Mapelloe tor • period of more than 52 WNks pnor to .. tnt publlc:a1lon of the ---~ tlce; that uld newtpaper is .,,.... in Iha Polit Olllc:e of LlllelDn. COICnllO. • Second CIUa Mail rnaa.r and Im the said newspaper ia a newspaper wllhln the meaning of the ac:t of the General~ of ...... of Cello ..... appn,w9CI March 30. 1123. and enllled ....... NolloN WI Ad.: .... -· and Olher acts relating to .. prlnllng and pidlfling of legal nabe • and wu publllhed in the regular and enlira _,. of Mid newapeper. once each WNk. on the aame day of each -"I for • period of _[_ c:onNCUllve inNl'llonl and 11\al the first publlc:a1lon of Mid noClc:e -in the:ij0:77q:; The lat ~ d Mid nollc:e - in the iNue of Mid ne..,..,... dllld ---__________ 111..=- ~4= • !>' .. Subac:l1bed and sworn to balot9 zl!· a Notafy Put.lie . ? day _ _L.J.'-J,.l,~~.....-1Yll . . '· .. • 0 1 32xl • • '· ' -;:~~~~~~,~~~~-,~,~~~,~~-= == == ~l ENGLEWOOD HERALD ~ ·. .4, '.~ ST ATE OF COLORADO SI (j #tffe ~ COUNTY OF ARAPAHOE j I. Gerard J. Healey. do solemnly swear .~ that I am the Pl'Mident and Publisher ,,) of the ENGLEWOOD HERALD: that r,) the same is a -'<ly newspaper pub-;!' lished in the City of Littleton in the ,, County of Arapahoe, State of Col-11, orado, and has a general circulation < therein: that said newspaper ha bNn ~ published c:ontlnuously and unintenupt· edly in said County of A,.,.._ for a ~ period of more than 52 WNka prior to ~ the first publk:don of lhe annued no-r, tlce: that said newapapar is ental9d in ,, the Poat Otlic:e of um.ton. Colorldo, r, u Second Clua Ma~ matter and that the said ne-paper is a newspaper within the meaning of the act of the General As-,l)ly of lhe ... of Col- orado. approved Man:h 30, 1123, and enlllled "ugal ...... and~ menta• and other acts relating to the printing and publilllling of legal nolices and was published in !he l'9gUlar and entire iuues of said newspaper, once each week. on the same day of ..:II -it. for a period of _J__ conMCUliW inserllons and 1111 =jjh::7~~; The last ~ of said notice - in the issue of said newspaper «-II ---------,,....=-~4= &acribed and swom to belore rZ,· a Notary Pullllc . 5? cay --!...-'--J,.l~-:;J.-.:--,,-,fa • "' i ,. ,. ~ ,,.) ;~ ,,) ~{ ~) ;) 1) ,, ,1 ,) 1~ ,\ ,, ,, ,, ,) ,) ,) ,i ~) :, ,,, ,,) •'IJ ,,, .,. .. .. • 0 1 32 x l • ORDINANCE NO . _ SERIF.5 OF 1997 • ·, • '· BY AUTHORITY A BILL FOR COUNCIL BILL NO. 46 INTRODUCED BY COUNCIL MEMBER HABENICHT AN ORDINANCE AMENDING TITLE 16, CHAPl'ER 4, SECTIONS 10, 12, AND 13, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PROHIBITING PAWNBROKERS AND AUTO PAWNBROKERS IN THE B-1 BUSINESS DISTRICT; ALLOWING PAWNBROKERS AND AUTOMOBILE PAWNBROKERS AS PERMITl'ED PRINCIPLE USES IN THE B-2, BUSINESS DISTRICT WITH DISTANCING REQUIREMENTS; AND ALLOWING PAWNBROKERS AND AUTOMOBILE PAWNBROKERS IN THE 1-1 INDUSTRIAL DISTRICT AS PERMITl'ED PRINCIPLE USES WITH NO RESTRICTIONS . WHEREAS, the City Council oftbe City of Englewood, Colorado bu &et the goal of improving the buainesa and residential quality of life in the City; and WHEREAS, the 1979 Englewood Comprebenaive Plan aims to preserve and protect the residential nature of the Englewood community; and WHEREAS, the 1979 Enclewood Comprehensive Plan aims to create a balance of commercial uses to reflect the character of the neighborhood; and WHEREAS, tbe purpme oftbe 1997 South Broadway Action Plan ia to create a balanced and vital commercial and l"Nidential environment in the South Broadway corridor; and WHEREAS, the citiwul of the City have exp. t11ed -reprdiar the concentration of pawnbrolun and automobile pawnbrolun in the Eqlewood community; and WHEREAS, the reaulation of pawnbrobn and automobile paW!lbrokaw ia reasonable because of the opportuDity aw:h buain-offilr to crimina1a for diapoeition of stolen poda; ud WHEREAS, a concentration of pawnbroken and automobile pawnbroun Pff9 the public a perception of a decline in the eccmrmic health and quality of life in the community; and WHEREAS, the effect of the diataDcinc requinmmta ia two fold: 8nt, it limita the total number of pawn busin••• that can 1-t.e OD Broadway lpaCiftcally and in Eqlewood 111Derally; and -dly, it prevmta a future COIICtllltration of pawn buaineun; and WHEREAS, this ZODinc re,u1aaon ia dNiped to protect the health, ut.ty and welfare of the citizem of Eqlewood; and . . . ' 9 a .. • • 0 1 J2xl • • • ORDINANCE NO. _ SERIF.s OF 1997 • • BY AUTHORITY A BILL FOR COUNCU. BILL NO. 46 INTRODUCED BY COUNCU. MEMBER HABENICHT AN ORDINANCE AMENDING TITLE 16, CHAP1'ER 4, SECTIONS 10, 12, AND 13, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PROIDBITING PAWNBROKERS AND AUTO PAWNBROKERS IN THE B-1 BUSINESS DISTRICT; ALLOWING PAWNBROKERS AND AUTOMOBILE PAWNBROKERS AS PERM1T1'ED PRINCIPLE USES IN THE B-2, BUSINESS DISTRICT WITH DISTANCING REQUIREMBNTS; AND ALLOWING PAWNBROKERS AND AUTOMOBILE PAWNBROKERS IN THE 1-1 INDUSTRIAL DISTRICT AS PERMITTED PRINCIPLE USES WITH NO RESTRICTIONS. WHEREAS, the City Council of tbe City of Eqlewood, Colorado bu 1111t tbe pal of improving tbe busineu and residential quality of life iD tbe City; and WHEREAS, the 1979 Eqlewood Compreheaaive Plan aim.a to ..-ve and protect tbe residential nature of the Eqlewood community; and WHEREAS, the 1979 Eqlewood ~ Plan aim.a to crNte a balance of commercial uaa to reflect the cbanct.er al tbe aeipborbood; and WHEREAS, the purpca altbe 1997 South Broadway Actim Plan ia to c:rNt.e a balanced and vital commercial and neiden#•J mvirolunmt iD tbe Soatb Broadway corridor; ud WHEREAS, the citilena altbe City baft ap 111d C11D111118 nprdiac tbe concentration of paWllbroun and 811*-obile pawlllnbn iD tbe Bqlewood community; ud WHEREAS, the ntplatian alpawalnlren wl 8lltomobiJe ........... ia reuonabJe became of tbe oppartuDitJ IUcb blr• T TT CJ6r to crimiDaJe for diapoeition of stolen poda; and WHEREAS, a concentratiall al pawalnlren and 911toauJbile paWllbrabn p"8 tbe public a pen:eption al• decliM iD tbe _...;,, bNJtb and quality at life iD tbe community; ud WHEREAS, the effect al tbe clu*anrin1 reqainmmta ia two fold: 8ret, it limita tbe total number of pawn bu* 11 di&& rm Jocat.e OD Broadway apec:Ulcally and iD Eqlewood pnerally; and -.Dy, it .,..._a a flltun cmomtntioll at pawn buaiDeuee; and WHEREAS , tJm 101U111 npluim ia daipecl to pratect tbe bN1tb. afltJ and welfare of the citiaeu of Eqlawaod; ud • . • 9 a • • • .,------------------------------- 0 , . • '· WHEREAS, these factors create a reasonable basis to distinguish between pawnbrokers, automobile pawnbrokers and other types of businesses under this zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sos;tigp 1. The Englewood City Council hereby amenda Title 16, Chapter 4, Section 10, Subaection E, by the addition of a new Paragraph 8, which shall read as follows : 18+10: 8-1 BUSINESS DISTBICT: E . Prohibited Uses. 1. Adult entertainment and service establishments. 2. Manufacturing. 3 . Outdoor storage of materiala, supplies and equipment on private and public property. 4 . The outdoor display, storage or sale of clothing or homehold appliances, furniture or other items commonly used in a home, whether on private or public property. 5 . Warebouaing ofproducta or itema not sold on the premises. 6. Sale at wholesale . 7. Sales or service activity shall not be allowed from any temporary structure or vehicle unlea a building permit applicatiOD bu been submitted for a permaneDt building or lltructure t.o replace the temporary structure. 8 . PAWNBROKERS AND AUTOMOBILE PAWNBROKEBS AS DEFINED BY AND WHI~H ARE REQUIRED TO BE UCENSED UNDER TITLE 5 OF THIS CODE. Sw;tjgp 2. The Englewood City Council benby ameada Title 16, Cbapt,ar 4, SediaD 12, Subaec:tion C, by the addition of new Pancrapba 13 and 14 which aball read u follows : 1 .... 11: B-1 BU8INE88 DIS'nllCT: C. Permitted Principal u-. No buildins, aa,xt;ure, or land aball be IINd, ud no buildin( or structure shall be --', acructura1ly alwed, -1arpd or maintained unless otberwile provided far in thia <>rduwu:a, amp& far -or more of the followinc -= 1. Any UN permitt.ed iD the 8-18--Diatrict. 2. Animal hoepitala, iuinDela t.o be encloNcl and rum eDCiaNd bJ a (ace m fNC (6 ') hicb - 2 •· • -~--------------------------- • I• ·, • <. 3. Auction houses. 4. Automobile leuing. 5. Automobile sales at retail by a dealer licemed by the State of Colorado, includinr services and accesaories. 6. Drive-in eating or drinking eatabliahments. 7. Adult entertainment shall be permitted so long u it complies with the following requirements: a. No adult entertainment or service facility shall be located on any lite unleu such lite ia not 1-than the distance limitation as required by thia Section. (1) One thousand feet ( 1,000') &om the location of another such adult entertainment or service facility . (2) Five hundred feet (500') &om the boundary line of any residential district defined in the Compreheuive Zoning Ordinance, u amended, includinr, but not limited to, R-1-A, R-1-8, R-1-C, R-1, R-2-C, R-3 or R-4 or similar residential zone diatrict in an area aiijoining the City of En,iewood, or any relicioua imtitution, public park, public library, community center, or educational imtitution, whether within or without the City of En,iewood. b. Meuurement of Diatance. All diatances provided herein ahall be measured u follows: (1) With rapect to the diatance between a location for which an adult entertainmmt or aervice facility ia propoaed and a location wbare IUCb a facility emta, the diatance lball be -. by faUowmc a atnicbt line from the nearNt point of tbe property lim of tbe propoNd lical.led pnmiaN to tbe Marat point of tbe property line of tbe mmDI licmNd pnmi .... (2) With napect to tbe -*-from tbe baaadary line of a l'Niclaltial dut:rict or any reJici-a iutitution, public park, public libnr,, C111111Drmity cmter, or educatioaal iutituDall, tbe diataD&:e lball be __.. by foJlowiDC a ltraipt line from tbe ~ paint of tbe property line of the pnlllONd lieaNd ..-.-to tbe Marat paint of the diatrict bowulary line; or in the C11N of a Nlip,ua inatitution, public park, public libnr,, community center, or educational imtitution, tbe diataDca lball be .-red by followiDC a ltraipt line from tbe IIMNlt paint of tbe property line of tbe propoNd lieaNd ..-.-to tbe nauwt paint of tbe property line of a Nlip,ua inatitutioa, public park, public library, community center, or educaticmal imtitution. 3 .. • 0 1 32xl • ·--------------------...,,...---~--- • • '· (3) Where the proposed location of an adult entertainment or service facility is a vacant parcel of land upon which no permit has been iuued for the construction of a building, all distances shall be meuured from the nearest point of the property line of the land propoaed u a location for an adult entertainment or service facility . Where the propoeed location of an adult entertainment or service facility ia a vacant parcel of land upon which a permit bu been iuued for the construction of a permanent building for such wie, all distances shall be measured from the nearest point of the property line u shown on the 8Ul'VeY of such parcel of land. 8 . Feed and seed storee (euluding the sale or storage of hay). 9. Food locker storage. 10. Hospitals and convalescent homes . 11 . Mortuaries. 12. Motels . 13 . PAWNBROKERS AND AUTOMOBILE PAWNBROKERS . A NO PAWNBROKER OR AUTOMOBILE PAWNBROKER, AS DEFINED BY AND WIUCH IS REQUIRED TO BE LICENSED BY TITLE 5 OF TlUS CODE SHALL BE LOCATED ON ANY SITE UNLESS SUCH SITE IS NOT LESS THAN THE DISTANCE LIMITATION AS REQUIRED BY TIUS SECTION . (1) DISTANCE LIMITATION . THE BUSINESS PREMISES OF A PAWNBROKER OR AUTOMOBILE PAWNBROKER SHALL NOT BE LOCATED WITHIN TWO THOUSAND FEET OF THE BUSINESS PREMISES OF ANOTHER PAWNBROKER OR AUTOMOBILE PAWNBROKER. B. MEASUREMENT OF DISTANCE . ALL DISTANCES PROVIDED HEREIN SHALL BE MEASUUD AS FOU.OWS : (1) WITH RESPECT TO THE DISTANCE BETWEEN A BUSINESS PREMISES POR WIUCH A PAWNBROKER OR AUTOMOBILE PAWNBROKER IS PROPOSED AND THE BUSINESS PREIIISBS or AN EXISTING PAWNBROKER OR AUTOMOBILE PAWNBROKER, THE DISTANCE SHALL BE MEASUUD BY POU.OWING A STRAIGlff LINIC FROM THE NEAREST POINT or THE PROPEllTY LINIC or THE PROPOSED LICENSED PRDIIDS TO THE NBAllBST POINT or THE PROPIRTY LINIC or THE DIBl'ING PAWNBROKER OR AUTOMOBILE PAWNBROKER. 4 .i •· • • • • • (2) MEASUREMENTS BASED ON THE l':100' ARAPAHOE COUNTY ASSESSOR MAPS SHALL BE DEEMED ACCEPTABLE FOR THIS PURPOSE. 14. SECOND HAND STORES. i+. 15. Recreational vehicles and boatl, ulee or 1-. .a. 16. Residential uae: muat c:oaform to the development requirement. of the R-3, Hip-Density Residence Diatric:t. .-. 17 . Ally llimilar lawful uae, wbicb, ill tbe opiDim of the Commipjon, ia not objectiaDable to nearby Jll'CIPlftY bJ -~ noiae, odor, duat, smoke, fumes, ,-, bNt, pare, radiation or vibration. or ia not baurdoua to the bNlt.b and property of tbe IIUITOUlldiq -tbrouch daapr of fire er aplosioa.. Soc;tjg;, s. The Enpewood City Coanc:il hereby amenda Title 16, Chapt;ar 4, Section 13, Subaectioa. C, with the additioa. of a new parqrapb 16, wbic:h aball read u follows: 16-4-13: 1-1 LIGHT INDUSTRIAL DISTRICT: C. Permitted Principal u-. No land aball be uaed er occapied and no mueture aball be deliped, enc:ted, alteNd, med er occupied. ump& fbr oae er more al the followiq UNI: 1. Ally UN permitted ill the 8-2 B.-DWrict acludiDc Nlidmtial UN ucapt U ,......_ ia IUbwtim C2. maliiJe bame pena. Bach penniUild w lram the B-21-Diaaict IIINllt alao cmaply with all the reetrictiam and nquinmentl Nt fartb iD the wtiaD -tabUebin1 er allowiq the pennitted -unlw speciftcall7 modi&cl .,, tbil SectioD. 2. llobile a-Park l>ffelopment, .. ~t Procedun and Standada, IUbNclima N and O ~ tbil SectiaD. 3 . llanafacturinc, proceMinc and/er fabricadoll. Tm manafactariq, ......... and/a' fallricatiaa, u ........ and Umitied ...... ~ any ..,.IIO'ti&J --,t the foUowinr wbicb an prabillitN: Allnlliffe, buic manalactan. A1coboUc diatilla&ioll. Animal bJ-prodam, belie: manafactun and pra:miq. Aapbalt, manu&ctun and pra: in1. Bone black, buic IUllafactan. Carboa. black or lamp black. buic manalactun. Cbarcoal, buic manafactan. Cbemicala, bN., or inaaaia1. buic wufacmn ar proceuinr. Cinder and dndlr blocb, baaic ......_. ar pra: rin1. Coal OI' cob, ......... CII' pr : :,,. Coacnte and_... 111a•na. _........,. ar •Hxtfa o ........... wl by-prcNham. ......... fat, ... manalactan. ,_ ... fnita ... "1ltaWs ........ WH .. t N . 5 .. ., • , • • • • (, Fertilizers, manufacture or processing. Fungicide&, manufacture. G111111es , other than nitrogen and OJCYll!ll, manufacture. Glass manufacture. Glue and size, manufacture. Grain milling. Graphite, manufacture. Gypsum and other forms of plaster base, manufacture. Imecticidea, manufacture. Inaulations, flammable types, manufacture or fabrication . Matches, manufacture. Meat slaughtering. Metals, extraction or smelting. Metals, incota, pip, sheets, or bars, manufacture. Metal shredding, auto ahredding and similar operations. Oils and fats, animal and vegetable, manufacture. Paints, pigments, enamela, japans, lacquers, putty, varniahea, whiting, and wood fillers, manufacture or fabrication . Paper pulp and celluloee, basic manufacture. Paraffin, manufacture. Petroleum and petroleum products, manufacture or proceuing. Portland and similar cements, manufacture. Rubber, manufacture, or reclaiming. Sawmill or planing milla. Serums, toxina, virula, manufacture. Suprs and starches, manufacture. Tannery . Turpentine, manufacture. Wu and wu procluc:ta , manufacture. Wood pawerving by c:r..otin( or other ~ imprep.ation of wood by preaervatives. 4 . Sale at wholesale or storap. Tbe sale at wboleeale, the warebouaiq and/or storage of any commodity ucept the foUowinc wbicb are prohibited: a. Live farm animala. b. Commercial ezplosives. c. Above-ground built ltorap of flammable liquida or ,-, unJ.. and only to the extent that the atonp of aucb liquida or ,._ ia direc:dy connected with enerv or beatiDI deYicel an die pnmiaN or to ~ railroad locomotivea . 5 . Sale at retail. Tbe we at retail of tha followiq: a . Hardware. b . Any commodity manufactund, prac1111d, fabricated or wanbouNd an the premiaa. c. Equipmmt, 1uppliee 111d matariala (euep& cammercial aploei..a) cleaiped eapecially far ... iD apicahme, millills, ladu*7, buaiDNa, traupcmatiaD, buildiq and odMr' CGllltnldiaa. 6 ' -~ .. •· • 0 1 J2xl .. • • • • 6 . Repair, rental and servicing. The repair, rental and servicing of any commodity, the manufacture, proc:euing, fabrication, warehouaing or sale of which commodity is permitt.ed in this District. 7. Contractor yard for vehicles, equipment, materials and/or supplies. A contractor yard for vehicles, equipment, materials, and/or supplies which complies with all of the following conditions: a. Is properly graded for drainage, surfaced with concrete, asphalt, oil or any other dust-free surfacing and maintained in good condition, free of weeds, dust, trash and debris. b . Is provided with burien of such dimemiona that occupants of a.ljacent structures are not unreuonably disturbed, either by day or by night, by the movement of vehiclea, machinery, equipment or suppliea. c. Is provided with entrances and ezits so located u to minimi,e traffic conpstion. d. Is provided with buri_.. of such type and so located that no parked vehicles will at.end beyund the yard space or into the required sc:reeniDI area if a.ljoining or adjacent to a residential district. e. Licbtins fllcilitiea are 10 arranged that they neither unreuonably diaturb occupmats al a.ljaaot l"Nidential properties nor interfere with traffic. 8. Greenhouae. 9. Newapaper distributiOD station. 10. Parkint and/or commercial storage of operable vehicles. 11. Railroad facilitiea, but not including lhopa. 12. School for traininc in occupational llkilla, enrollment may be open to the public or limited, may include dormitariea for students and in.ltruc:ton. 13 . Terminal for intracity or intercity vehiclea for movement of penou of frei1bt. 14. Warebouainf and/or atorap. 15. Recydinr operatiom, including but not limited to the proc:euinr of batten•, coutructiaa wute, food wute, ,ta., metala and/or alloya, papen, plutica and t:irN which c:ompli81 with CGDditiaD .. u liated below. Buy beck cmtan tbat do aot ~ recydad mataiala and Allft tbair materiall within an mcloNd atrw:tun or a roll-of!' CC111taiur, MIiii-trailer, or limilarly Mlf-contained apparatua aball be -pt fram dlia IUbNd:iOD Cl5. a. The manufacturiq al all matariala aball occ:ur within an aclaeecl ltructure. The at.orap of materiala may occ:ur outside al the muctan 7 .. • . .-------------------------. 0 , . • providing said storage is in a roll-off container, semi-trailer, or similarly self-eontained apparatus. For operations not conducted within an enclosed structure, see subsection Jld of this Section. 16 . PAWNBROKER AND AUTOMOBILE PAWNBROKER. 17 . Any similar lawful use which, in the opinion of the Commission, is not objectionable to nearby property by reason of odor, dust, smoke, fumes, gas, heat, glare, radiation or vibration, or is not hazardous to the health and property of the surrounding area through danger of fire or ezplosion. Se,;tion 4. Egisting Pawnbrolm:s. Any pawnbroker or automobile pawnbroker in existence prior to the effective date of this ordinance, but which does not conform to the limitations established by this ordinance, shall be nonconforming and subject to the following conditions: The pawnbroker or automobile pawnbroker shall be required to be registered with the City within thirty (30) days of the effective date of this ordinance. A nonconforming use, allowed pursuant to this Section, may remain at its location as a legal nonconforming use subject to the termination requirements of nonconforming uses as described in this Title. Because it is a purpose of this Ordinance to eliminate nonconforming pawnbroker and auto pawn uses. No pawnbroker or auto pawn nonconforming use shall be resumed if it has been discontinued for a continuous period of at least one hundred and eighty days or would terminate as provided for in the general nonconforming use provisions of this Title. Se,;tion 5. Safetv Clauae, The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation ID the proper legislative object sought to be obtained. Se,;tion 6. Severabjljty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof ID any penon or circumstances shall for any reason be acijudged by a court of competent jurisdiction invalid, such judlJllent shall not affect impair or invalidate the remainder af this Ordinance or its application to other persons or circumstances. Se,;tion 7 Incon•iatent Ordjn1nc11 All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the eztent of such inconsistency or confi.ict. Se,;tion 8 EfJect of reneal or modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or chanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have hem incurred under such provision, and each provision shall be treated and held u ltill remaiDiD1 in force for the purpoaea of auataininf any and all proper actiou, suits, procNdinp, and proaecutions for the enforcement of the penalty, forfeiture, or liability, u -u u for the purpme of suataining any judlJllent, decree, or order which can or may be rendered, entered, or made in such actions, suits, proc:eedinp, or proNCUtiona . 8 •. • .. \ •· 0 • • • (. Ses;tioo 9. flmalu . The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Sec:tioo 10. Bff111iu P•te Thia Ordinance shall go into e1!'ect on July 7, 1997. lntroduc:ed, read in full, and puaed on fint reading on the 5th day of May, 1997. Puhliabed u a Bill for an Ordinance on the 8th day of May, 1997. Amended and reintroduc:ed, read in full, and paued u amended on the 2nd day of June, 1997. Puhliahed u amended on the 5th day of June, 1997. Thoma J . Suma, Mayor ATTEST: Louc:riahia A. Ellia, City Clerk I, Low:riahia A. Ellia, City Clerk at the City at En,lewood, Colorado, hereby certify that the above and fonaoilll ia a true copy al a Bill far an Ordinance, ammded and reintroduced, read in full, and puNd U •mended CID the 211d day of June, 1997. Loucriabia A. Ellia 9 .. • • • • . . U.S. Pawn, Inc. Opposition to the Fingerprinting Requirement in Proposed Council Bill 43 June 2, 1997 • U.S. Pawn has a pawnshop located at 5030 South Broadway in Englewood and opposes the fingerprinting requirements in Council Bill 43 (proposed section 5-15-4(G)(4)) for the following reasons: Eim, pawnshops already have a public perception problem which will only be compounded by requiring pawn customers to be fingerprinted. Right now, we believe the public still views fingerprinting as being associated with criminal activity and/or as a violation of one's privacy. As a result, many customers will probably choose to pawnshops which do not require fingerprinting; ~. the stigmatization of our customers associated with fingerprinting and the likely loss of business outWCigbs any possible restilUtion benefit. Frankly, pawnshops stand to benefit the most, in terms of restitution, from fingerprinting, but we still oppose it because of the potenlial negative effects; and Imm, there has been no proven need. The Safety Services Department, although well-intentioned, bas not shown there bas been an increase in the pawning of stolen goods or that there is still a high pcrcenragc of stolen goods being pawned. In fact, at our Englewood store, the pcn:entagc of stolen goods compared to the total loans for the store for last year was extraordinarily low -0.2%. • We at U .S. Pawn do want to make it clear, however, that our position regarding fmgcrprinting should not be viewed or inlerpretcd to mean we are anti-police. We appreciate and strongly suppon the City's cffi>ns to c:arch criminals. We try to make every cffon to help the police and with each pawn we give detailed information regarding that pawn to the police . • Mr . Mayor and members of City Council, we believe that at this point in time the negative aspects of fmgcrprinling outweigh the benefits, and we ask the City Council to remove this rcquircmcnt from Council Bill 43. .. • • I(·• ..,. ,w ·I\) / M> Of OOH11MCr ~ Of ll~IIDN e67Cl62-0843423•1 ·7~ .•• DI\ YE TIii l : NO. f7 CllNlMCT AMD1M1 Of IIWtlACTICN DATE TIMI: MITIClE UtSIII ... -E IAIIJlli.L NU. <IA WA lt:11 c;:A1E ND. .. _ ~/-2/97 1•1481(! e6·7IH,1 ·-tllelt.J.\i?11U uae.811 lilUI. 1111-M> . AIITICLI IIClDIL HO. OR _lat CAa ND. ; ma.._ m• fi/~/<j"7 1111 4 7A 11111.41.0II-TNO . "~ maallrTION l. 8/WI 17 IIIG t•r 1:A IP D.H S.·11 -HIii MME 1J11C1r,10H -I 0, .. .AWNOR OA 58 LEn KAUFMAN, BRETl COWI.Eff AOUAUlart ITATE ff' 19776 E EAfilMAN AUE, AUROlln, CO 8N13 IEI Uaw5 DFEIMI.E OOI.OflOll ,WZ ffwwrE ns,A DBI..ACIC noTHER tl(llltff ,, e.2" . a. (. tt• AJl llfB NIIMI! Oil' PANKlf!OII Ml IBI ,; •<AtFNAN, BAE. TT IDOfflrlCATIONNO. & TYl't: ,l ~Eff ,~OIIIIHSf"JJV Sf.All ZIP DRV. L IC. :~ 1977f, c EASTMAN AUE Cll/~4 --llt:3-1911t ( AURORA, CO aeeu 0 0 0 . '.l IEX COi.OR OR IW.'E WIIIAlff 19~ 10/07 / 46 :: UMALE Owt11TE Us,A : 1 LI FEMM.E O III..ACI( CJ OTtliR tlEIGlff 6' QIZN IDIHTl'ICATIOH NO. I l'rl'£ D~U. I. JC. C0/94-1.\5 ·· 191.\ WEOtff I 'J5 o.o.a 10/87/46 ·i U.S. PAWN, INC. CW£BTMJNIHEft> 7.::;a:s Lowell Blvd ;1 1 u.o. PAWN, INC. CWl:STMJNSTER> 72c::! Low•l I Blvd DflDNlll&V.-. , nPO•flllEV ... , fT• ,.,._ __ ,.._., l'--,W,.J -. -;: rr•t./illt,I-·"'r., r .. _~--~-J ___ _ ::.::_11111111. N.78f>2-H4342.11,111 1 :.:,1:: 961e,1 -0114J42H1 .. ·-------.--·· -. 1.la ... 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I r llldll•-~ r I • •• .. • ..,. IC) OF ~ IIW: r AM0UHr OF 11-IIDN 96796~-·~·3423~1 67~ ••• Dfo IE TIMI l t N/tll2/97 1e, 1ean·., NO. Of' CllNIMCT MEUN1 OF lfWIIM:l'IIIN Dlll'E 1111£ AIITICLE Cl ....... -E MU.lt.l NU. on WA Tat QA1E ND .. _ 11111M. °" IIIMM'Nr Nn . llUCIIU'TION e6 7411[,t -ftll't.J4;~lllH • u11e. N AIITICI.I IKlDR. tr> on WATCH CME ND . mu u.a m• f/.16/~2/'J7 11114711 1E111A1. OIi MOnWNt NO. "~ -... , 1 ~ 17 11111 1•1 lJI • D.1-< IIP-11 MME . LE. DEacr.nCIN -• o, ""'-°"' aum f<AUFNAN, BR£ TT Cllloft.E fS IIDOIIEII CJT'f II A TE lfl' 1.776 E EAEilNAN AV~ AUROfln, CO 8Nl3 IU ~ DFIIMlE COLOfl Oii MCE I lt81f 11wHrr11 n s,11 '" ' •2 .. DlllACII norHER IDINTlnCATION HO. I TYf'I! DRU. L IC. Cll/~4 -·l 4::S-191 It WIIIUtl' DOD. 195 l0/Cll7/46 ... h 111191 No\N!Of PA-Olllallf" ./ KnlFNAN, BRE. TT :I ~nl!MXIIIISSCll't'flATEZlP :'. 19776 E EASTMAN AVE t AURORA, CO B98U '] 1u r.oi.OA on iw.i: ;: Uaw.1 Uwt11TE USIA tmtff 6' 92" IDIHlW'ICATIONNO. I TYl'E or.v. uc. C0/94-l45 ·· I 'JJ4 WENIIII l ')~ D.O.a 1111/87/46 ' 1 r.lFnW.E OILAQc CJOTHEA •i u.e • .,.,..., JNC. <WEBTflJJNBrEft) 7a.a:s Lo-11 Blvd :,• u.e. F=·~. INC. CWl:5TMJNSTER) 72a Low•ll Blvd Dflll•tll&V..... . ' nPO• 1111V _, fT•lwfiAl--''T""., ~, ;; fT•kfW,,1-~p,r .. _~_--'-'l ____ _ :-,.:.:; IN,.78f.2~4342..lti111 1 ~':: 867tl61 ··-~t-lt'II . ._, ___ _ 1.1a111111111:11-*' .... br,ou1 .................................... ~•• DNo ~ 1.1s11e1t1cte_...1a1111y11y~,1 ......................................... ~ LJt1o L .... IIIIQ._.,oii__. ....... L .............................. °'J"·olo<S ~ 2.Hawlang,-WUIIOMIICflllHrticli,L .............................. /4)'«4<s l.1Myau•---.Nlll9 .... 7 ............................ 0YH 8-Ho , 3,0.,,ouor--. .. hthlfllr.llt? ................................ 0YN liiaJlo ..... g1,,a....,.. u,.., ""9dllall: __ . --------- 4 · 0.,aurOlhwt'• LID..... CIJ/94-14:S-l 9 J ... ,..,, ...... hullyNo. 2984 ... 74 ..... ....._.. .. ,.. .. ,.,, ...... -,.,. ............... ........... ......,.,...+,,,,_ ............. ~e ------- • I. -------------· 4 · Ofwe Y'DLW Dthwa lie. No. CD/9 4 ·-J 45-1 9 I IRd,ourSoci.l~No. e•Hl409fl74 ................ "'. flUlll-11 ............ ......... llaeoae ! I dldere, LtlCle,,....., of pe,fury, '* Ille loragmig .. +~4~ ,....._""-""' i .J.;;;.~ -~ --. ..... _..... Illa"'•-~ ." r I • • .. ----------------------,· • • ... TO ENGLEWOOD CITY COUNCIL & MAYOR: Will Englewood once again be a peaceful community? Or, Will Englewood's problems from day labor transients littering, loitering, urinating & defecating on our yards continue? Will Englewood once again be a pleasant place to shop? Or, Will Englewood be notorious for exploitative businesses, known for fencing stolen goods? Will Englewood officials listen more to Englewood voters & residents or to business owners that don't bother to llve anywhere near here? The owners of day labor halls & pawn shops portray themselves as altruistic heroes, helping the poor. These owners want us to think they are victims , while they victimize both our neighborhood & their own patrons. For over 400 years , economics students have studied Gresham's law, that "bad money drives out goocr. For example, paper dollars drove silver dollars out of circulation . We've seen nuisance businesses drive away many of my good neighbors out of Englewood. Rocky Mountain Harley & other successful firms are leaving Englewood . The day labor halls are notorious for their problems. Since last July, Englewood police have had 42 calls regarding just one day labor hall . The problems included harassment, theft, warrants from previous arrests, plus the offenses listed above. Additionally, neighbors have suffered from increased litter, including syringes & many liquor bottles. Standby Personnel , 2901 South Broadway, is open 24 hours a day, yet does not provide adequate toilet facilities for the hundreds of day laborers it employs every month . Standby's location next to a bar & liquor store, greatly aggravate the plague of litter & public drunkenness. Standby Personnel is a multi-million dollar business [one of Colorado's 150 largest companies] with eight locations. WHILE STANDBY HAS COST THE CITY TENS OF THOUSANDS OF DOLLARS FOR POLICE CALLS, IT DOES NOT PAY EVEN ONE CENT OF ENGLEWOOD SALES TAX! Furthermore, Standby pays the lowest hourly wage of any company of its type, only S4 .50-$5/hour. Every Englewood pawn shop has been caught with stolen property, according to Englewood police. Pawn shops can have a larger arsenal than some police departments, with prominently displayed shotguns, rifles , pistols, knives & more. In an article about South Broadway last May, the DENVER POST said, " Some pawn shops have the snarling Dobennan Ptnscher behind the counter, the pall of smoke Inside & people wtth a .45 pistol strapped around their waist. They seem Hedy." ..... • . • . .. • .. , Pawn shops like to portray themselves as an -alternative to banks.· I stippose loan sharks also view themselves that way . At the 1/21/97 city meeting, a pawn owner bragged that he -only charged $150 interest for one month on a $1500 loan". This is 120% per year, or 1,500% more than bank loans, or 700% more than credit card interest rates! I've seen people dnank or drugged, with Incoherent speech & offensive odors, come to my business, desperately looking for a pawn shop. Will that ring get pawned for the next drug fix? At least five times I've had property stolen & then pawned by the thief. Pawn shops paid under 1 O cents on the dollar for brand new merchandise. City offlclals claim they want mont young famllles & homeowners, plus upstanding buslneeaes to stlangltlen the city economy. Yet soon ....,. the presentation of the South Broadway redevelopment plan, city offlclals held private meetings, without any public scrutiny, with pawn & day labor owners to compromise or weaken the ortglnal plan. The Broadway redevelopment group hasn't even met with any neighborhood groupal Much has been written about our criminal courts, which can show more interest in the rights of criminals than their victims. Here we have some city officials interested in protecting the businesses that are mugging our neighborhoods. Although owners of these business do not llve In Englewood, more Interest Is paid to them than Englewood l'Nldents & voters. Ron Gold I have lived in & aNned a business in Engle\nrood for over 20 years. I own both my home & business property , Gold Sound, at 4285 S. Broadway. ' ' .. •. • • • I .. ., • 0 • 1 32 x l 0 I• • Ron Gold, Englewood home & business owner since 1976. Cherry Creek, Lodo & South metro are booming . Since 1993, Glendale · sales tax dollars increased 61%; Greenwood Village, +96%; Littleton, +46%. Just · Englewood & Sheridan declined, the only places with day labor & pawn shop growth. Englewood has the most pawns per capita in Colorado, more than Cherry Creek, Glendale, Greenwood Village, Littleton & Highlands Ranch combined. What others don't want, Englewood gets. Successful places [& hopefully, Englewood] restrict pawns & day labor halls. Two pawn employees wrote letters, including the CEO of EZ Pawn. This Texas executive of 250 pawnshops, grossing $174 million last year, claimed ·to help the less fortunate·!! His own report brags of ·214% annual loan yield. or ten times more than credit cards or banks! A $10,000 annual loan returns $31,000; in two years, $100,0001 Yet he claims •pawn is not usurious·!! Mother Teresa knows that, •helping the less fortunate•, hardly enjoys exorbitant & speedy profits. The minimum pawn interest rate is 10% per month, with actual rates far higher. That •pawnshops have more weapons than police,· is irrefutable. Both pawn employees ignored this. Weapons [rifles, shotguns, pistols, knives & more] are pawns' most numerous item. The first pawn employee admitted Englewood's decline, ignoring reasons. Once, South Broadway was a prosperous, booming area. Now, you'll see day labor halls next to pawnshops, bars & liquor stores, discouraging many from shopping & living in Englewood. A master pawnbroker & writer provides the best evidence of pawn's destruction. P. Fletcher started five pawnshops & brags of 250% profit, •550,000 on $20,000 investment in just one yeat1· Quotes from THE . PAWNBROKER'S OPERATIONS MANUAL, 1993: ·[Pawn employees have] few promotions, no benefits, & absolutely no chance of career advancement. ... Who borrows money in pawnshops? Junkies, prostitutes, dope dealers, thieves, derelicts, depraved; welfare recipients .... When a pawn opens. the local indigent comes first. ... The word pawnbroker comes right before the word prostitute in the dictionary .... ·The pawnbroker has $25 in an item selling for S 125 .... Being located next to a liquor store would be ideal .... Pawnbrokers don't care what the community thinks . The more negative feelings toward his store, the happier he is because he knows there'll be more resistance to new pawns being allowed .... ·Poor areas welcome any tax base revenue . They wouldn't care if the pawnshop was painted green & offered a tattoo par1or & questionable massage parlor .... The majority of pawnbrokers were pushed to seedier sides of town ... a few hung on, most likely by cheating .... ·weapons [left] dents in our' safes & bullet holes in the ceiling! A pawnbroker can cut business in half not dealing in firearms . To be successful, handle firearms .... Tools, like all merchandise, are taken in at 10 cents on the dollar .... Chances are excellent the instrument is stolen .... • • .... I· • • ,, EZCORP, Inc. Unaudited Selected Operating and F"ll'l8l'.IQIII Data l!boeeeodt IXPIPI Pl'.,.,. WDAYD!I .,,.,.. dnlec kWo tumcnrw: Pl'Pl'1l!m 1M.., MMDO ---BKII Yw Eodecl 9/30/98 9/30/H 9/30/N Lending Aclivily: Same -loan growth (decline) 110'11ol ,,,., 110'11ol A--.e dollar loan • 87 • 70 • 17 Pawn .... outatancling • 34.831 • 31.712 • 34,831 "-....._ ...... _ • 141 • 112 • 141 ~ Annulliled yiald an._. ~ 2111' 20l'llo ......,..._.,.. 7811, 7t'llo ..... and~ Ac1Mly: (-,1,.;) Same -..... growth ldediMI 11311,) 12'11ol 111-.,., • 311.934 • 41,11711 • 311,834 111-.,., par .... _. • 148 • 118 • 148 Annualized invento,y -2 .0x 3.2x 2 ,3x 01N1 Balance 9-D-: Cnh and equivelents • 1,419 • 4.183 • 1,419 Lane·term debt • 18,418 • 43.087 • 18.418 Stoelcholcla,a'equity • 112.191 • 108.3711 • 112.191 look value per .... • i .42 • 1 .13 • 9 .42 Tangible book value par INl9 • 8.28 • 7 .80 • 1 .28 Sto111 Status: lleginning -· - 242 282 281 ·-opened during period Ii Ii 11 s-ecquil'llcl during period StorN ..., during period 111 Ill 1211 Ending at--248 281 w Avwage 244.0 281 .I 21U Nole: M balance IIINt data is • cf Ille end cf Ille period . For further lnfonnatlon, contact: Dan Ton1N1n Page3oU Chief Fl.wlalal Offlaer (112) 314-2220 9/30/95 11 'llol • 70 • 39,782 • 1112 20411, 78'11o ""' • 41,575 1119 1.9x • 4,1193 • 43,017 • 109,3711 • 9 .13 • 7 .90 234 33 181 281 247.11 . ' • . .. • , ---------------------- • I, Gerard J. Healey, do solemnly swear that I am Iha P1'Nldent and Publllller of the ENGLEWOOD HERALD; that the same ia a weekly newspaper pub- lished in the City of Littleton in the County of Arapahoe, Stata of Col- orado, and has a general circulation ther9in; that said newspaper has been published continuously and uninlilmlpt- ecly in said County of Arapahoe for a period of more than 52 WNka prior to ltle-flrat·IM)llcallon of the --no- tice; that said ~ la .... in .. Paet Office of Llllleton, Colorado, • 5-111 Cius Mail matter and that the said newspaper la a newspaper within the meaning of the act of the Gen.Ill ~ of the ... of Col- ..... IIPPloved March 30, 1923, and Mlled,..... N011cN 11111 ~ ...... and other acts relating to the prinllng and publishing of legal noba and -publiahed in the regular and entire iauea of said newspaper, once NCh WNk. on the same day of each -". for a period of / consecutive insertions and that iiie't.i publication of said notice wu in the ~2 said newspaper dated ~ ?' 19C]J_ The last PIA>!~ of said notice wu in Iha issue of said newspaper daflld _________ 19.....::::: ~~ • ·, • '· \. .. .;· • I --------~---------~ . • ORDINANCE NO. _ SERIES OF 1997 • • BY AUTHORITY A BIL FOR ,~ COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING TITLE 16, CHAPTER 4, SECTIONS 10, 12, 13 AND 14, AND CHAPI'ER 8, SECTION 1, OF THE ENGLEWOOD MUNICIPAL CODE 1985, TO SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES IN B-1 AND B-2 BUSINESS DISTRICTS AND TO ALLOW TEMPORARY EMPLOYMENT SERVICES AS A CONDfflONAL USE IN THE I-1 AND I-2, INDUSTRIAL DISTRICTS, WITH DISTANCE REQUIREMENTS. WHEREAS, the City Council of the City of Englewood, Colorado baa aet the goal of improving the buaineu and residential quality of life in the City; and WHEREAS, the 1979 Englewood Comprehensive Plan aims to create a balance of commercial uses to reflect the character of the neighborhood; and WHEREAS, temporary employment services are not currently a specifically permitted wie in any zone district in the City; and WHEREAS, the Englewood Planning and Zoning Commisaion baa found that Temporary Employment Services are not a WM! which ia compatible with or similar to other uaN in B-1 or B-2 districts; and WHEREAS, many indUBtriea utilize the services of temporary employment services aa a aource of employees which makea an induatrial district the preferred location for such uaea; and WHEREAS, the citizens of the City have upreued concerm reprdinc the location of temporary employment aervicea in the Englewood community becauae of the l111p numbers of employM8 c:ongreptinC, and WHEREAS, the vwy early and late boun of opaoatiaD of~ employmmt services affect the quality of life of adjacent l"Nidmtial and buiDea neipborbooda; and WHEREAS, the Planning and 7.oning CommiNiOD found it appropriate to deal with other iaauea such u boun of operation u part of an individual conditional WM! bearinc; and WHEREAS, distanclllf requirementa of one-tbouaand feet in the induatrial area between specified buain888 would help alleviate the NCODdary eft'ec:ta created by thNe buainesaea; and WHEREAS, public bearinp were held by the Englewood Planninc and Zoain( Commiaaion on January 21, 1997, February 19, 1997, March 18, 1997 and April, 8, 1997; 9 b •· • ORDINANCE NO . _ ~OF1997 • • <. BY AUTHORITY A BIL FOR COUNCIL BILL NO. 47 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING TITLE 16, CHAPl'ER 4, SECTIONS 10, 12, 13 AND 14, AND CHAPI'ER 8, SECTION l, OF THE ENGLEWOOD MUNICIPAL CODE 1985, TO SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES IN B-1 AND 8-2 BUSINESS DISTRICTS AND TO ALLOW TEMPORARY EMPLOYMENT SERVICES AS A CONDfflONAL USE IN THE I-1 AND I-2, INDUSTRIAL DISTRICTS, WITH DISTANCE REQUIREMENTS. WHEREAS, the City Council of the City of Englewood, Colorado bu aet the goal of improving the business and residential quality of life in the City; and WHEREAS, the 1979 Englewood Comprehensive Plan aims to create a balance of commercial uses to reflect the charact.er of the neighborhood; and WHEREAS, temporary employment services are not currently a specifically permitted use in any zone district in the City; and WHEREAS, the Englewood Planning and Zoning Commiuion has found that Temporary Employment Services are not a use which is compatible with or similar to other uses in B-1 or B-2 districts; and WHEREAS, many industries utilize the services of temporary employment services as a source of employees which makes an induatrial diatrict the preferred location for such uaes; and WHEREAS, the citizens of the City have eicpre&NCi c:oncerm reprdinc the location of temporary employment aervices in the Encl-ood community became of the larae numbers of employNS COllll'9Ptinc. and WHEREAS, the very early and late hours al opentiaa al taaporary employment services affect the quality of life of !Mij-t l"Nidential and buain-neipborhooda; and WHEREAS, the Plannin, and 1.oniq Commiuioo found it appropriate to deal with other issues such as houn of operatioo u put of an individual conditional use hearing; and WHEREAS, distancing requirements of one-tbouund feet in the incluatrial area between specified business would help alleviate the NCODdary etrec:ta created by tbNe businesses; and WHEREAS, public hearinp were held by the En,19WOOCI Pwminf and Zoain, Commiuion on January 21, 1997, February 19, 1997, Yan:h 18, 1997 and April, 8, 1997; ' .... 9 b I ... . (,·~ • I 1 f • • • (• • ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Soc;tigp 1. The Englewood City Council hereby amenda Title 16, Chapter 4, Section 10, Subaection E, by adding a new Paragraph 9, which shall read as follows: 16-4-10: B-1 BUSINESS DISTRICT: E. Prohibited u-. 1. Adult entertainment and service establishments. 2. Manufacturing. 3. Outdoor storage of materials, supplies and equipment on private and public property. 4. The outdoor diaplay, storap or sale of clothing or houaehold appliances, funiiture or other items commonly ueed in a home, whether on private or public property. 5. Warehousing of products or items not sold on the premiaes. 6 . Sale at wholesale. 7 . Sales or service activity sball not be allowed from any temporary structure or vehicle unlesa a buildin, permit application baa been submitted for a permanent buildinr or structure to replace the temporary structure. 9. TEMPOJl,ARY EMPLOYMENT SERVICES AS DEFINED BY AND WIUCH ARE REQUIRED TO BE LICENSED UNDER TITLE 5 OP THIS CODE. Soc;tiqp 2. The En,lewood City Council benby amenda 'ntle 16, Chapter •• SectiaD 12, Subaeetion F, by adding a new Parqraph 7, which sball read u followw: 16-4-12: B-2 BUSINESS DISTRICT: F . Prohibited u-. 1. Manufacturinc. 2. Outdoor at.orap of materiala, auppliee and equipment OD private and public property. 3 . The outdOCII' diaplay, atonp or ale ofhouaebold appliaw, furniture, or other items COIIUDlmly uNd in a bmae, wbatber OD private or public prc,paty. 4 . Warebouaiq of product. or it.Ima aot IOld Clll tbe pnm;a.. 5 . Sal• at wbolelale. 2 ' • . ' • 0 1 32 x l • • 0 • <. 6. Sales or service activity shall not be allowed from any temporary structure or vehicle unless a building permit application has been submitted for a permanent building or structure to replace the temporary structure. 7 . TEMPORARY EMPLOYMENT SERVICES AS DEFINED BY AND WHICH ARE REQUIRED TO BE LICENSED UNDER TITLE 5 OF THIS CODE. S@c;tigp 3. 'l1ie Englewood City Council hereby amends Title 16, Chapter 4, Section 13, SubeeetiOD J, with the addition of a new Paragraph l(d), which abaU read u follows: 16-4-13: 1-1 UGHT INDUSTRIAL DISTRICT: J . Conditional Uses. Provided the public interest is fully protected and the following uses are approved by the City Planning and Zoning Commission and City Council: 1. Uses. a. Automobile wrecking yards and junk yards. (1) Any automobile wrecking yard or junk yard opened after the effective date of this Ordinance abaU be on a parcel or acijoining parcels of not lesa than one acre but not to exceed one and one-half (1 1/2) acres. (2) Any automobile wrecking yard or junk yard approved punuant to the proviaiom of this Ordinance or any existing automobile wrecking yard or junk yard expanded under the provisions of this Ordinance, llhall be set back no leu than one hundred fifty feet (150') from the boundary line of any residential zone diatric:t. (3) Any automobile wreckinr yard or junk yard approved pursuant to the proviaioaa of this Ordinance abaU be endoaed on its perimeter with a IIOlicl, naatranapanmt vertical wall or fence with a minimum beipt of •i& feet (6') and a muimum of twelve feet (12') meuund from cround level. F8DC88 of woven wire or cb•ialiak materiala abaU be prohibited. (4) Any automobile wreckinr yard or junk yard approved punuant to the proviaiom of this Ordinance and all yarda existing on the etfec:tive date of thia Ordinance llhall comply with Chapter 10, Title 5 of the Englewood Municipal Code, u amended, entitled Auto Wrecking and Junk Yarda, and all other applicable cod• or ordinanca. (5) Any automobile wreckinr yard or junk yard which is licmaed by the City of Englewood OD the efl'ec:tive date of this Ordinance aball be ct.med to be an approved yard wbMber or not it bu a minimum .,.. of -acre, and IIUCb yard may be espanded ODto abuttin, property, provided that 8UCb upended 3 ..... •. .. I· 0 '32xl - • • . .--------------------------- • t• - yard conforms to the requirements of this and any other applicable codes or ordinances. b. Amusement establishments including, but not limited to billiard halls, bowling alleys, coin-operated games, dance halls, electronic or video games, night clubs, outdoor commercial recreational facilities, pool halls, or skating rinks. c. Recycling operations, including but not limited to the processing of batteries, construction wute, glaas, metals and/or alloys, paper, plaatics and tires, ucluding food waste, automobile wrecking yards and junk yarda u cited in subsection 16-4-13.Jla. Buy back centen that do not proc:eu recycled materials and store their materials within an encloeed structure or a roll-off container, aemi-trailer, or similarly self-contained apparatus ahall be uempt from this subaection Jlc. (1) Any recycled material manufacturing opened after the effective date of this subaection Jlc ahall be located on one or more contiguous parcel(s) which total area shall not be less than one acre . (2) The manufacturing and storap of all processed and unprocesaed materiala ahall be enclosed with a solid, non-transparent vertical wall or fence with a muimum height of eight feet (8') OD the parcel(s) frontap and twelve feet (12') on the parcel(s) side and back boundaries. Fences of woven plaatic, wire or c:baiD link ahall be prohibited. (3) The atoc:kpilinc of all proceued ud unproceued materiala ahall not uceed the beipt of the wall or feace. (4) No more than aeventy five percent (7511,) of the parcel(a) total size may be uti1iaed for the atanp of pr u 1111 II or uapra c11u II materials . (5) All recycled material maDufacturiq basin-operatiq under a COllditiODal UM proriliOD ahall be aubjec:t to ,-rly adminiatratiYe compliance nm-of the adopted CCJDditicJDa. d. TEMPORARY EMPLOYMENT BUSINESSES AS DEFINED BY AND WHICH ARE REQUIRED TO BE LICENSED UNDER TITLE 5 OF TIUS CODE, SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS IN ADDfflON TO THE PROVISIONS OF 16-5-21 E.M.C.: (1) SHALL BE LOCATED NO CLOSER THAN ONE THOUSAND FEET FROM ANY RESIDENTIAL ZONE DISTRICT . (2) SHALL BE LOCATED NO CLOSER THAN ONE THOUSAND FEET FROM ANY ESTABUSHMBNT SELLING ALCOHOL BY THE PACKAGE OR DRINK. 4 ..... • .. •· • 0 • . .-----::-----~------------------- • • (3) SHALL BE LOCATED NO CLOSER THAN ONE THOUSAND FEET FROM ANY PUBLIC GATHERING FACILITY. (4) WITH RESPECT TO THE DISTANCING REQUIREMENTS IN THIS SUBSECTION BETWEEN A BUSINESS PREMISE FOR WlUCH A TEMPORARY EMPLOYMENT SERVICE IS PROPOSED AND ANOTHER USE, THE DISTANCE SHALL BE MEASURED BY FOLLOWING A STRAIGHT LINE FROM THE NEAREST POINT OF THE PROPERTY LINE OF THE BUSINESS PREMISE OF THE PROPOSED TEMPORARY EMPLOYMENT SERVICE TO THE NEAREST POINT OF A RESIDENTIALLY ZONED DISTRICT OR THE PROPERTY LINE OF THE SPECIFIC USE LISTED. Sec;tign 4 The Englewood City Council hereby amends Title 16, Chapter 4, Section 14, Subaect:ion I, with the addition of a new Paragraph 4, which shall read aa follows : 16-4-14: I-2 GENERAL INDUSTRIAL DISTRICT: I. Conditional u-. Provided tbe public interest is fully protected and the following uae is approved by the Commission: 1. Dump. (See Chapter 16-5 ofthia Title, General Regulations.) 2. AmUNment eetabliabmenta including, but not limited to, billiard halla, bowling alleys, coin-operated pm•, dance halls, electronic or video pm•, nipt cluba, outdoor commercial recreational faciliti•, pool halls, or lkatin, rinka. 3 . Recydias operatiou, indudin( but not limited to the proceuiq of batteries, ~ w--. paa, metala and/or alloys, paper, piMtic:a, and tirN lball _. amditiau a throqb e, u liated below. Food wute, autllaobile WncmDf :,arda and junk :,arda u cited in mbertiaa 16+13Jla oftbia Cbapm-adudad. Buy beck cm._. that do not..-l'K,md ~ -..... tbeir matmala within an enclaad ICndma er a roll-o«-tainer, ~-trailer, or similarly Nlf-CODtaiDed apparatus aball be eumpt from tbia subNction 13 : a. Any recycled material manafacturiDc opened after tbe effective date of this aallNc:tioD 13 lball be located on one or more contipoua parcel(1) which total area aball not be 1- than one acre. b. 'lbe manufacturin( and ltGrap of all ~ and unpra c 1111d materialt lball be aadoaed with a aolid, non-tranaparent ftltical wall or face with a muimum beipt of eipt fNt (8') Oil tbe parcel(1) t'rontap and twelft fNt (12') on tbe pan:el(t) Iida and back boundariaa. ,_ of WOYen plutic, wire er chain UDk lball be prohibited. s .;· • • 0 '32xl • .--------------------------- • t• • c. The stockpiling of all processed and unprocessed materials shall not exceed the height of the wall or fence . d. No more than seventy five percent (75%) of the parcel(s) total size may be utilized for the storage of processed or unprocesaed materials. e. All recycled material manufacturing buainesaes operating under a conditional use provision shall be subject to yearly administrative compliance review of the adopted conditions. 4. TEMPORARY EMPLOYMENT BUSINESSES AS DEFINED BY AND WIUCH ARE REQUIRED TO BE LICENSED UNDER TITLE 5 OF TIUS CODE, SHALL COMPLY WITH THE FOLLOWING REQUIREMENTS IN ADDfflON TO THE PROVISIONS OF 16-5-21 E.M.C.: A. SHALL BE LOCATED NO CLOSER THAN ONE THOUSAND FEET FROM ANY RESIDENTIAL ZONE DISTRICT. B. SHALL BE LOCATED NO CLOSER THAN ONE THOUSAND FEET FROM ANY ESTABLISHMENT SELLING ALCOHOL BY THE PACKAGE OR DRINK. C. SHALL BE LOCATED NO CLOSER THEN ONE THOUSAND FEET FROM ANY PUBLIC GATHERING FACILITY. D. WITH RESPECT TO THE DISTANCING REQUIREMENTS IN THIS SUBSECTION BETWEEN A BUSINESS PREMISES FOR WHICH A TEMPORARY EMPLOYMENT SERVICE IS PROPOSED AND ANOTHEll USE, THE DISTANCE SHALL BE MEASURED BY FOLLOWING A STRAIGHT LINE FROM THE NEAREST POINT OF THE PROPERTY LINE OF THE BUSINESS PBBVISFS OF THE PROPOSED TEMPORARY EMPLOYMENT SDVICE TO THE NEARESI' POINT OF A RESIDENTIALLY ZONED DISTRICf OR THE PROPERTY LINE OF THE SPBCIP'IC USE IJSTED. Sertim 5. The Eqiewood City Council hereby amenda Title 16, Chapter 8, Section 1, with the addition of a new definitiOD, wbidl lball read u followa: PUBLIC GATHERING FACILITY 6 IS LIIOTBD TO SCHOOLS, PUBLIC PARKS, PUBLIC RECREATION CENTERS AND PUBLICLY IDENTIFIED OPEN SPACES. ..... • .. •· ------~----------------,.,-----------------..,......--------,--.-- • • •, • '· Sectipn 6 SafetJ CJauae, The City Council, hereby finda, determines, and declares that this Ordinance ia promulp.ted under the general police power of the City of Englewood, dlllt it ia promulgated for the health. safety, and welfare of the public, and that this Ordinance ia neceuary for the preae"ation of health and safety and for the protection of public convenience and welfare. The City Council further determines dlllt the Ordinance bears a rational relation ID the proper legislative object sought to be obtained. Sec;tign 7 Suvahjlity If any clause, -tence, pararraph, or part of this Ordinance or the application thereof ID any penon or circumatances shall for any reuon be acijudpd by a court al campetmt juriadiction invalid, such judgment shall not aft'ect impair or invalidate the remainder of this Ordinance or its application to other persona or circumataDcea. Sectign 8 Jpqmajl!ifpt OrdiDIDC:11 All odm' Ordinances or portions thereof inconsistent or contlictinf with this Ordinance or any portion hereof are hereby repealed to the extent of such inconaiatency or c:oatlict. Sec;tigp 9. Effec:t pf fflltll II' mgdjfic;atipp 'lbe repeal or modification of any provision of the Code of the City al En,iewood by this Ordinance ahall not release, eninguiah, alter, modify, or chanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have i,-inc:urred under such provision, and each provision aball be treated and bald • lltill remaininc in force for the purpma of auatainiq 1111y and all proper acti-,' aaita, proceedinp, and proeec:utiona for the enforcement of the penalty, forfeiture, or liability, u well u for the purpose of auatainiq any judpaent, decree, or order which can or may be rendered, entered, or made in such actioaa, auita, proc:winp, or proaecutiODS. Sec;t;jgp 10. fmalty. The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Sec;t;j,;pll. Effnc;tjyt Qate Thia Ordinance ahall pinto eftilc:t OD July 7, 1997. Introduced, read in rull, and puNd OD tint rNdinc OD the Mb day af May, 1997. Publiabed • a Bill for a~ on the 8th day af l(ay, 1997. " Ameadad and reintroduced, read in rull, and puNd M •mended OD the 2nd day of June, 1997. 7 .. • • 0 '32xl • • ·, • .. .. Publiabed u ammdecl on the 5th day of June, 1997. 'nlomu J. Burna, Mayor ATTEST : Low:riabia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City Clerk of the City of Enpwood. Colorado, hereby certify that the above and forecoiDI ii a true copy of a Bill for an Ordmance, amended and reintroduced, read in full, and puaed u amended on the 2nd day of June, 1997 . 8 . ' • • .. 0 • • 0 'a2xl • .,-------,r--------------------- 0 • Elizabeth A. (Libbie} Gottschalk and William and Julia Scott 2904 South Grunt Street/300 East Bates Avenue and 2914 South Grunt Street Englewood. CO 80110 (303} 783-9826 • (303} 761-9946 June 2. 1997 Mayor Thomas J. Bums and City Council Members City of Englewood 3400 South Elati Street Englewood, CO 80110 Dear Mayor and City Council Members: It is our understanding that the locations of Standby Personnel and Printers Personnel at Broadway and Bates and Peakload Services at 2756 South Broadway are contrary to city ordinance and therefore illegal . It is our further understanding that during the time Standby and Printers have occupied this comer-and Peakload two blocks further north on Broadway-you have received endless complaints from the residential neighbors centering largely on health and safety issues. Specific complaints we have heard made to you or which have been witnessed by family, neighbors. or ourselves have been that clientele of these companies break into and enter garages and backyards: that they urinate. defecate. and vomit in public areas such as streets. alleys and parks (Bates-Logan. specifically): that drunk and disorderly persons wander neighborhood streets after leaving these establishments with pay used for alcoholic beverages or drugs: and that litter and debris increase exponentially in the summer months. You contemplated allowing an additional 120 days to Standby"s illegal. dangerous. and noxious presence and according to the media. appropriately denied them that continuance. We heartily applaud that decision. Therefore. it is beyond our understanding that Standby now has notices on its door indicating that they are continuing to function out of that location by a thrice -daily van pickup of their clientele. According to these notices. their mail is delivered next door to Printers Personnel: and Standby "'will not let the City of Englewood prevent you [their clientele) from working and paying your bills.· In other words. denial of the continuance was apparently without any effect whatsoever. except the removal of office furniture. Consequences to the n e ighborhood remain precisely the same. In addition. these notices state that Standby is seeking a new location ·neart>y. • 1t is confusing to see in the media that continuanc e was denied and then see the business persist in its I· 0 . " • .. operations brazenly and conspicuously in the same locale. What exactly does denying this continuance to Standby mean? A closely related issue of equal concern to the neighborhood is the presence of businesses like pawn shops. exotic lingerie, check cashing. X-rated videos. an overabundance of liquor stores. any and all of those entities that degrade the City of Englewood and support or encourage <!rugs. crime, and other behaviors incongruent with familial interests. The unfortunate existence of this type of commerce encourages additional like businesses to view our city as a potential location. What is the motivation to allow these businesses to locate here? Are these tax revenues worth the price in quality of life for our families? Please inform us what direction this City Council intends to pursue for the City of Englewood with regard to Standby Personnel in particular and these other entities in general. Is it the future of South Broadway to become another East Colfax? Thank you for your time and constderatton. William L. Scott •. .. • 0 , .,----------------..---' ' • • ' . . WE THE UNDERSIGNED , CONCUR WITH THE STATEMENTS IN THE ABOVE LETTER. .. G,-2I17 t,.J-C/f . . • 0 • '32xl • • ' ~ . "' . 'I, ,_ ~--..• e 7/. -;,g~l ~.::Jo 7 5. ~.; st. ~ ·;J.-"'17 ff!2f1 k. 6 -~Av. ' 9tJO ~-2-"J=,... sc>"' '7. G .. o-..J ~ b ·pZ -t> a~-~ ~q;<o s. ~fU./"~ s+-i -J--5;..- :;ff!~ J-.'IS/ j&. ~ ~ ,1~17 ,;2.,'136-S <S~ '"St-&,-d---9+ ~°'Cll) 5 )~~ l ~ ~-4::J- ,?f~R ~., S'~ .fJ. t.. ·-< -97 (Gt:~ .. a.S"?s-s G~.;;t-ef v <><-17 I,· :i.-17 ~-;) j1S 5. f,'!ldw.f · ~ <s'f--~ -e. 17 ~ ~ %"7 :r·s ,,6J • , ,... • • ,, WE THE UNDERSIGNED, CONCUR WITH THE STATEMENTS IN THE ABOVE LE'ITER.. Address 6-U~ a f1zhct.A-() ~ ~ {p ;). s _ 6ri:t.,J ~ . &·.).·'i7 ~~ 1/.~ ZfZ-4-->-G~vr-<;,. t-Z-91 f 1:f-9o?-~°'-c).. ~ ).'/ 5 . .i/,c,,,)1-.9-0 -J.. -9 7 ~~/tj.V/tk~ J-'81~ ~ (}~::>< (p -2 -°17 f ~ ~ , /;t-µ..k-,-.:; 81 o St /Ju-if ,gt-0 / 3/ 11-- ~ v' ~ J<l~/<;;-G,a.r,+51-0-:;.-97 . . ' ~ . .. . . . • I • RE- .---CHAMBER OF COMMERCE June 2, 1997 Mayor Tom Burns and Members of Co1D1Cil: City of Englewood 3400 S. Elati St. Englewood, CO 80110 Dear Mayor Bums and Members ofCo1D1Cil: • • " The Greater Englewood Chamber of Commerce, with 62S current members, is an organiz.ation of Englewood businesses and residents. One important function of the Chamber is to represent Englewood's businesses on issues which our members believe arc important to us and to the community. We are asking City Council to carefully consider the impact of passing intrusive and burdensome laws, regulations, and zoning restrictions which arc based upon perceptions and emotions, rather than facts, and which do not reduce crime, do not improve neighborhoods, or the quality of life in Englewood. Any business or resident can become a nuisance, but that does not mean that we should restrict or zone out all businesses or residents of that "type". To do so, would restrict persons who have something to offer to City of Englewood. The Chamber is firmly committed to policies which encourage a strong business climate and supports neighborhoods and community improvement. Our customers, our employees, and our members live and work in Englewood. Vigorous enforcement of existing laws and codes is a positive means of improving Englewood's communities. The Chamber is not in favor of regulating and restricting businesses to the extent that the atmosphere is not welcoming. Englewood should welcome busines&n with the job opportunities, tu dollars, and community support they have to offer. Our Englewood businesses have chosen to be in Englewood, out of an entire nation and world. They have invested in Englewood with savings, time, hopes, and dreams. Often, at great personal expense, they have purchased land, built, remodeled buildings, or 1eucd apace for the businesses. Businesses suffer from the same crimes, the same graffiti, the same robberies and burglaries, and the same random vandalism as all the other residents of the city. Collectively, their commitment and their investment is huge. Although it would be expensive, those businesses can, and will move, if Englewood does not create a welcoming and hospitable climate for businesses. 770 West Hampden. #100 •Englewood.Colorado 80110 • (303) 789-4473 • Fax (303) 789-0098 • . .. • I .. • • (. It is interesting to observe that even though businesses cannot vote, they pay taxes at a rate approximately three times that of residents. F.nglcwood's prosperity comes from the hard work and sacrifice ofF.nglcwood's busineslcs, who collect all of the aala tax, and pay the great majority of the property taxes for F.nglcwood's city services and schools. It is no secret that buaincss today is already burdc:ncd with nwncrous laws, regulations, fees, reports, and licenses at cvay level of govemmcnt. Imposing more regulation will make buaincsllcs less likely to set up shop in the City of Englewood. In smnmary, it is for all of tbcsc rcuons that we are here this evening, once apin to urge you to carefully consider the impact of unncccssarily instrusivc and burdcnaomc laws, regulations, and mning rcslrictions which arc hued upon perceptions and emotions rather than facts, which do not reduce crime, do not impro~ neigbborboods, or the quality of life in F.nglcwood. Board of Directors • , •1-----,i,------------------~ • · ... • ,. It is interesting to observe that even though busincsacs cannot vote, they pay taxes at a rate approximately three times that of residents. Englewood's prosperity comes from the hard work md sacrifice of Englewood's businesles, who coUcct all of the sales tax, and pay the great majority of the property taxes for Engkwood's city services md schools. It is no secret that business today is already burdened with numerous laws, regulations, fees, reports, and licenses at cvuy level of govcmmcnt Imposing more rcgu1ation will make businesses less likely to set up shop in the City ofEnglcwood. In summary, it is for all of these reasons that -arc here this evening, once apin to urge you to carefully consider the impact of unnecessarily instrusivc and burdemomc laws, regulations, and zoning restrictions which arc based upon perceptions and emotions rather than facts, which do not reduce crime, do not improve neighborhoods, or the quality oflife in Englewood. Prcaidc:nt Board of Directors • I • • - ~. ... COUNCL COlllllNCATION Om June 2, 1997 Subject Pipe Line License from the Burlington Northern and Santa Fe Railway Co. NTIATEDBY Utilities Oepnnn STAFF SOURCE St8wart H. Fonda, DndDr' cf Utilities COUNCIL GOAL NE PREVIOUS COUNCL ACTION None. RECOIIIIENDED ACTION Council approval, by Ordina,ce, cf the Pipe Line LicenM AgreM'NN'lls betwNn the City of Englewood (COE) and Bwtinglon Nor1hem and Santa Fe Railway Company (BNSF). BACKGROUND, ANALYSIS, NE AL TERNATNES IJENTFED In conjunclion wilh the Windennent Project Englad'OOd ii ~ ID upsize and replace the fflllior' ....,. lines. The 24" nlllld and the 38" raw line lhould be replaced becal-the uilting pipes .. 50 years old pipe. The railroads req&,ir9 wallr mains be SNaeeded willi\ ._. righl-Gf-way. The Pipe Line License Agreemei Ill enable the City cf E,lgletM)O(I Ulillliel Department • nonubJlive license ID construct and maintain one 24" and one 38" wallr pipe line ms and along Line Segment 7304, which is soulh cf Tufts Ava and Nit of Santa Fe. The pipe 1inN lhal be used udllltvely for treated and raw...,. for the City of Englewood. FINANCIAL IMPACT The City shall pay Burlington Northern and Santa Fe Railway Company $2,500 plus 1250 anract and proc:euing fee for uch line for a total of $5,500. UST OF ATIACHIIENTS • . .. • • 0 f 32xl ORDINANCE NO . _ SERIES OF 1997 • • • . . BY AUTHORITY A BILL FOR r JO oJ COUNCIL BILL NO. 51 INTRODUCEDBYCOUNCIL MEMBER_~~~~~ AN ORDINANCE AUTHORIZING TWO AGREEMENTS ENTITLED "PIPE UNE LICENSE" BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY AND THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, in conjunction with the Windermere Project the City ia trying to inc:reue c:apacity and replace the major water lin• which c:oaaiat at a 2'" treat.eel and a 38" raw water line which abould be repl-t becaWle the autmc pipea are 50 yean old; and WHEREAS, the railroads require water mama be protected within their rigbt-of- way; and WHEREAS, thele Pipe Line Lic:eme Acr-entll enable the City Utiliti• Department a nonucluive liceme to coutruct and maintain one 2'" and one 36" water pipe line ac:rou and alone Line Segment 7304, which ia ~ atTufta Awmue and east of Santa Fe Drive; and WHEREAS, the pipe linea llhall be uaed ezduaively for treat.eel and raw water for the City; . NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tigp 1. The two ~ta entitled "Pipe Line Li.cenae" between the Burlin,ton Northern and Santa Fe Railway Company and the City at Enpewood, Colondo, attacbed hereto u Emibit 1 and 2, are hseby accepted and &plll'0¥9d by the Eqlewood City Council. Sec;tigp 2. The Director at Utilitiea ia autboriwl to eucut.e the Licenw for and on behalf of the City of Eqlewood, Colorado. Introduced, read in full, and puaed on tint readinc on the 2nd day at June, 1997. -1- ---.. --.... ---.__....... . . • • I - - • • Published aa a Bill for an Ordinance OD the 5th day of June, 1997. 'lbomuJ.Burna,Mayor ATTEST : Loucriahia A. Ellia, City Clerk l, Loucriabia A. Ellia, City a.k al the City of.,..._.., Colando, banby certify that the above and ...., ill a true copy al a Bill for an Ordinance, iatrodaced, read in full, and ...... OD tint readia, OD the 2nd day al Jum, 1997. -2- .. • Form Approved by VP-Law AFH2W7 0 • PIPE LINE LICENSE (• Contract No: _____ _ THIS LICENSE, made this 23rd day of April, 1997, subject to the t nns and conditions set forth herein, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY. its successors and assigns. a Delaware corporation (hereinafter called "Licensor"), party of the first part. and CITY OF ENGLEWOOD , a Colorado corporation (hereinafter, whether one or more, called "Licensee"), party of the second part. WITNESSETH, That the parties hereto for the consideration hereinafter expressed covenant and agree as follows: 1 . Subject to the tenns and conditions hereinafter set forth, Licensor grants a nonexclusive license to Licensee to construct and maintain one (1) pipe line(s), 24- inches inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE'), across or along the rail corridor of Licensor at or near the station of Englewood, County of Arapahoe, State of Colorado , Line Segment 7304, Mile Post 727.94, the location of the PIPE LINE being more particularly shown upon the print hereto attached, No. 1-10465 dated April 2. 1997, marked 'Exhibit A' and made a part hereof. 2. This agreement shall be effective May 9, 1997. 3 . Licensee shall use the PIPE LINE solely for carrying water and shall not use it to carry any other commodity or for any other purpose whatsoever . 4. Licensee shall pay Licensor as compensation for this license the sum of Two Thousand Five Hundred and No/100 Dollars (S2.500). 5 . Licensee shall, at its own cost and subject to the supervision and control of Licensor's field engineer, locate and/or relocate, construct and maintain the PIPE LINE in such a manner and of such material that it wiU not at any time be a source of danger to or interference with the present or future tracks, roadbed or rail corridor of Ucen8or, or the sate operation of its railroad. When the PIPE LINE is uyd fpr gjl. 911, PIU9llslD products, or other flammable or hjghty Y9IIJile sybstancas ynger or:ne•m, the PIPE LINE shall be constructed, installed and thereafter maintained in confonnity with the plans and specifications shown on print hereto attached. marited Exhibit B and made a part thereof. If at any time Licensee shall. in the judgment of Licensor, fail to perform property its obligations under this paragraph, Licensor may, at its option, arrange for the performance of such wort< as it deems necesaary for the safe operallon of its railroad, and in such event Licensee agrees to pay, within llfteen (15) days after bill shall have been rendered therefor, the cost so incurred by l.icenaor, but failure on the part of Ucensor to perfonn the obligations of Licensee shall not release UcenNe from liability hereunder tor loss or damage occasioned thereby . 8 . Licensee shall reimburse Licensor for any expense incurred by Licenlor for falM work to support Licensor's tracks and for flagman to protect its traffic during installallon 1 of 6 . . - E X H I B I T l •· I • .---------------------.--- • • .. and maintenance periods and for any and all other expense incurred by Licensor on account of the PIPE LINE. {The current rate, subject to change without notice. for furnishing of Licensor's Flagman is a minimum daily charge of $300.00. for the first eight hours, or any part thereof. per day, with an hour1y charge of $45.00 per hour for any time over eight hours per day). 7. Prior to any boring work on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface. provided. however, that in lieu of the foregoing, the Licensee shall have the right to use suitable detection '9qUipment or other generally accepted industry practice ~ consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment a. Prior to installation. five (5) days advance notice must be given to Licensors Roadmaster, Jim Und91WOOd at 711 West 31 Street Denver, Colorado 80216, telephone (303) 480-6413. 9. (a) Except as set forth in Section 9 (b), when permitted by the Colorado Constitution and subject to the provisions of 24--10-101 C.R.S.,Licensee shall release, indemnify, and hold harmless Licensor for all losses. damages, expenses, injuries or death to Licensee, its employees, agents and contractors. arising in any manner from the performance of this agreement, except for Licensors gross negligence or intentional misconduct When permitted by the Colorado Constitution and subject to the provisions of 24-- 10-101 C.R.S .• Licensee further agrees to release, indemnify, and hold harmless LJcensor for all losses. damages. expenses, injuries. or death to any person, including Licensor, which arise in any manner from the construction, maintenance, use. state of repair or presence of Licensee's pipelines. (b) Whenever any employee, agent or contractor of Licensee or any of Licensee's Parties makes any claim for personal injury or death against Licensor within the meaning of the Federal Employers' Liability Act, or any applicaDle safety act. (45 U.S.C. e51 et seq.). for any incident caused, wholly or in part. by property, equipment. fixtures or condition belonging to or subject to the control of UcensN. or claims or alleges that he or she is an employee of Licenlor or is furthering the operadonal activities of Licensor, Licensee agrees to indemnify and hold harmless Licensor for all losses, damages. costs or expenses related to such claim, regardless of Licensors negligence. 10. If at any lime during the term hereof Licensor shall desire to make any use of its rail corridor with which the pipeline wiU in any way intertet., including the r91ocation of existing or the construction of new pipelin• and Other faciities in which it st,a11 have an interest. Licensee shall, at Licensee's own coat. within lhirty (30) days after receiving written notice from Licensor to such effect make such changes in the pipeline u in the judgment of Licensor may be necessary to avoid in~ with the proposed use of its rail corridor. 2of 6 • . • • - 11. (a) Licensee shaJI, at its expense, procure and maintain throughout the term of this License a comprehensive general form of insurance covering liability, including, but not limited to, Public Liability, Personal Injury and Property Damage, as well as Contractual Liability in the amount of $1,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall contain no exclusion with respect to rail corridor of Licensor in the care, custody or control of Licensee. LICENSOR AND CATELLUS MANAGEMENT CORPORATION SHALL BE NAMED AN ADDfTJONAL INSURED. (b) AU risk insurance on the PIPE LINE of the Licensee, or Licensor's property in Licensee's care, custody and control, shall contain a waiver of sub:oga11on of claims against Licensor. Licensee shall maintain Wort(ers Compensation insurance which shall contain a waiver of subrogation against Licensor. (c) All insurance shall be placed with insurance companies licensed to do business in the Slate in which the PIPE LINE is local9d, with a cunwnt Best's Insurance Guide Rating of B and Class X. or better. Licensee shall provide ucenscr in adVance of said installation a Certificate of Insurance evidencing sucn inaurance. Insurance must provide for coverage of incidents occurring within fifty (50) feet of a railroad track, and any provision in the insurance policy to the contrary must be 9')9Cifically deleted. (d) A Railroad Protective Liability insurance policy issued in the name of Licensor with limits of $2,000,000 for bodily injury and property damage per occurrence with an aggregate of $6,000,000 must be provided when consttuction wor1< will be performed within fifty (50) feet of Licensor's tracks. The policy will !lffllin in force during the construction phase of this project and must be provided prior tg L.jcensor signing thjs lDDH. (e) In lieu of providing a Railroad Prollldive l.iaDility Insurance policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Policy availaole to Licensee or its contract'Or. The limits of coverage are the same as above. The cost is $1000. 0 I etect to participate in Licensor's Blanket Polley: 0 I etect not to participate in Licensor's Blanket Policy. (f) The tumishing of inaurance required by this Section shall in no way limit or diminish the liability or responsibility of Licensee as provided under any Section of this License. (g) Licensee shall be allowed to self-insure any or all of the insurance coverages referenced above. 12. Upon writtan notice from Licensor, Licensee agrees to assume the defense of any lawsuit. or other proceeding brought against Licenaor by any public body, individual, pa,1nership, corporation, or other legal entity. relating to any matter covered by 1hia License for which Licensee has an Obligation to assume~ for and/or save and hold harmlea Licensor.but only when and to the exwil' permitted by the Colorado Constitution and subject to the provieions of 24-10-101 C.A.S .• if so pem,itl9d, LicenMe snaJI also pay all the costs incident to such defense including, but not limitad to, 3 of6 . . ..... I· ---------------------------------:---------- • • . ' - '· ... attorneys' fees, investigators' fees, litigation expenses, settlement payments, and amounts paid in satisfaction of judgments. 13. (a) Licensee shall comply with all federal, state and local environmental laws and regulations in its use of Licensor's rail corridor, including, but not limited to, the Resource Conservation and Recovery Act. as amended (RCRA), and the Comprehensive Environmental Response. Compensation, and Liability Act. as amended (CERCLA). Licensee shall not maintain a treatment, storage, transfer or disposal facility, or underground storage tank. as defined by RCRA, on or under Licensor's rail corridor. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by CERCLA, on Licensor's rail corridor. Notwithstanding any other requirements in this contract. Licensee assumes all responsibility for the investigation and cleanup of such release and shall indemnify and when permitted by the Colorado Constrtution and subject to the provisions of 24-10-101 C.R.S .• defend Licensor and its agents for all costs and claims, including consultant and attorney fees, arising in any manner out of such retease or Licensee's failure to comply with environmental laws, regardless of whether such costs or claims are caused or contributed to by the negligence or alleged negligence of Licensor. except to the extent such costs or claims are proximately caused by Licensor's gross negligence or intentional misconduct (b) Licensee shall give Licensor timely notice of any release, violation of environmental laws or inspection or inquiry by governmental authorities charged with enforcing environmental laws with respect to Licensor's rail corridor. Ucensee also shall give Licensor timely notice of all measures undertaken by or on behalf of Licensee to investigate, remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor receives notice from Licensee or otherwise of a release or violation of environmental laws which occurred or is occurring during the term of this License, Licensor may require Licensee, at Licensee's sole expense, to take timely measures to investigate, remediate, respond to or otherwise cure such release or violation. 14. If default shall be made in any of the covenants or agreements of l.iCenNe contained in this document. or in case of any assignment or trannr of this License by operation of law. Licensor may, at its option, 18rminata this License by serving five (5) days' notice in writing upon Licenaff; but any waiYer by Licenaor of any dlfautt or defaults shall not constitute a waiver of the right to lamlinata !his LicenM for any SUbsequent default or defaults, nor shall any such waiver in any way aff9d Uceneors ability to enforce any Section of this License. The rwnedy SM forth in this Section shall be in addition to, and not in limitation of, any olher rerneaiN that Licensor may have at law or in equity. 15. LicenNe shall promptly pay and discharge any and all liens ariling out of 1tty construction, alterations or repairs done, suff9r9d or permitllld to be done by l.icenNe on the PIPE LINE and shall indemnify Licensor against any lea. liacility or expena incurred by Licensor on account of such liens. Licensor is hereby au1horiZed to post 1tty notices or take any other action upon or witt'l l"N!)eCt to the PIPE LINE that is or may be permitted by Jaw to prwvent the attachment of any such liens to Licensor's premilN; provided, how9ver. that failin of Licensor to take any such action shall not relieve 4of 6 • . , . • Licensee of any obligation or liability under !his Section or any other Section of !his License. 16. In the case of eviction of Licensee by anyone owning or obtaining title to the rail corridor on which the PIPE LINE is located, or the abandonment by Licensor of said rail corridor, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rencaJ charge which may have been paid hereunder in advance. 17. Any notice to be given by either party shall be deemed to be property served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, addressed to either party, at the addresses and department shown beneath signature of the parties. 18. In the event that Licensee consia1s of two or more parties, all the covenants and agreemen1S of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 19. Any contractor or subcontractor perlorming wor1c on or in connection with the PIPE LINE shall for the purpose of this license, be conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of such contractor's or subcontractor's employment for Licensee. 20. Neither Licensee, nor the heirs, legal representatives, successors or assigns of Licensee. nor any suosequent aaignN, shall underteue or SUD6et the PIPE LINE nor assign or transfer this License or any in1lnSt herein, without the pnor writlan conunt and ai:,proval of Licensor. 21 . It is understood and agreed !hat this l.ic:ense shall not be placed of public record. 22. All the covenan1II and provilicl • of thil LicenN shall be binding upon !he heirs. legal representatives, SUCCNIC"I and aaigl-. of l.iceNN. No uaigl me.it by l.iceNN shall be binding upon Licen9or wi1t,cut !he 'Milllln conNnt of l.iCenaor in -=t, inalance. 23. All questions co11c:emi11g the ,-,,.__,,, or -.:,pMcdon of pro.ilic)I • of 1hil License shall be decided accordil ig Ill) the las ot !he Slalle in wtlic:t'I !he PIPE LINE is located. 24. To the maximum usant paaible. -=ti provision of 1hil Lic:enM shall be interpreted in suet, manner u ID be ehc:M and valid under ~able law, but if any provision of this Lic:enM shall be piohalld by, or held Ill) be invalid under, appic:IDle law. such provision shal be ~ IDllly ID the Ullnt of IUCh prahibition or invalidity. and this shall not invalidal9 the rwnainder of such provision or any Oltler provision ot this Lic:enN. 25. The waiver by Licensor of the br-=t, ot any provilion herein by Lic:enMe shal in no way impair the right of Licensor ID enforce !hat provision for any • lbeeql 181'1t brWh !hereof. 5 of 6 ,.. • • .. 26. Notwithstanding any other provisions of this license, Licensee shaU comply with all statutes, on:tnances. rules, regulations, orders and decisions issued by any federal. state or local governmental body or agency established thereby relating to Licensee's use of LicensOr's premises hereunder. 27. This license is given by Licensor and accepled by LicensN upon the express condition that the same may be tenninated at any time by either party upon thirty (30) days' notice in writing to be served upon the other party, staling 1henlin the data that SUCh tennination shall take place, and that upon the tetmil ldor'I of 1his llcenN in 1hia or any other manner herein provided, Licensee, upon demand of Licenllor, shall abandon the use of the PIPE LINE and remove the same and l'NIDnt the rail corridor of Ucenaor. as near as poaible, to the same condition in which it was prior to the placing of the PtPE LINE thereunder. In case Licensee shall fail to restore Licen8or'S rail corridor within Thirty (30) days after the effective date of termination, Licensor may p,ocNd with SUCh work at the expense of Licensee. No tenninatlon hereof shall ,..... LicenNe from any liability or abllgadon hereunder, whether of indemnity or Olhefwila, resulting from any acts, omilllions or 1Y9nt11 happening prior to the date the Pf PE LINE is removed and the rail corridor of Licensor restored as above provided. 28. This License is the full and complete agrNrMnt between Licensor and LicenlN with respect to aJI matters relating to license on !he Premises, and supersedes any and aJI other agreements between the parties hereto relating to license on the Premises. Catetlus Management Corporation is acting u agent for The Burtington Nor1hetTI And Santa Fe Railway Company. WHEIEOF, the parttea have executed 1hil agrwnent in duplicalt the day and yar first above writlaf1. By: c... Mai~ Co,p)rdon Ill AIIDmey In Fact 4s.5 Fular em,., Sua 105 IMng, TX 75038 CITY o, INGLIWOOD Utllllel Oepa,1mlnt ~ Sou1h Ela1I SlrNt Engleu:rcod, CO 80110-2304 By: Title: 8 of8 ' .. • • , .r--------------------------- • • EXHIBIT "A" ATTACHED TO CONTRACT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY ANO CITY OF ENGLEWOOD FORT ~TH, TEXAS SCALE: t IN,= !aQ.. FT. CCI QAADQ DIV. P!KE:S PEAK SUBDIV. L,S. ~ DATE 04/02/1997 ~ a, SIZE: CONTENTS: PIPE MATERIAL: SPECIFICATION/ CRACE: WALL THICKNESS: COATING: CARRIER CASING PIPE PIPE 24. 36. 'BJp 9 T CLS~~ 047 ~ E~OXY NIA v-4 MAP 30 PARCEL li4 CARRIER PIPE LENGTH ON R/W: ] 00' WORK I NC PffESSURE: 1 00 PS J BURY: SASE/RAIL TO TCJI (J' CAS INC BURY: NA 1UW. CRllJNO BURY: ROADWAY DITCHES CATHCX>IC PROTECTION CASING PIPE 100' VENTS: NUteER JUL SIZE ---HEIGHT (J' VENT ABOVE CROONO --- • NEAR ENGLEWOOD COUNTY OF ARAPAHOE NOTE: CASI NC TO BE JACKED IJI ORY BIJIED a«. Y STATE OF CO .. ORAIINC NQ. t-10465 .... ..., a:: Cl. C 2 ' .. • • .,--~-------------------~----. ,. Form Approved by VP-Law AAt2W7 - PIPE LINE LICENSE Contract No:. ____ _ THIS LICENSE. made this 23rd day of April, 1997, subject to the terms and conditions set forth herein, between THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY, its successors and assigns, a Delaware corporation (hereinafter called "Licensor"), party of the first part, and CITY OF ENGLEWOOD. a Colorado corporation (hereinafter, whether one or more, called "Licensee"), party of the second part. WITNESSETH. That the parties hereto for the consideration hereinafter expressed covenant and agree as follows: 1 . Subject to the terms and conditions hereinafter set forth, Licensor grants a nonexclusive license to Licensee to construct and maintain one (1) pipe line(s), 36- inches inches in diameter (hereinafter, whether one or more pipe lines, called the "PIPE LINE"), across or along the rail corridor of Licensor at or near the station of Englewood, County of Arapahoe, State of Colorado, Line Segment 7304, Mile Post 727.94, the location of the PIPE LINE being more particularly shown upon the print hereto attached, No. 1-10401 dated April 2. 1997, marked "Exhibit A" and made a part hereof. 2. This agreement shall be effective May 9, 1997. 3. Licensee shall use the PIPE LINE solely for carrying water and shall not use it to cany any other commodity or for any other purpose whalSOeVer. 4. Licensee shall pay Licensor as compensation for this license the sum of Two Thousand F°tVe Hundred and No/100 Dollars (S2.500). 5. Licensee shall, at its own cost and subject to the supervision and control of Licensor's field engineer. locate and/or relocate, construct and maintain the PIPE LINE in such a manner and of such material that it will not at any time be a source of danger to or interference with the present or future tracks, roadbed or rail corridor of Licensor, or the sate operation of its railroad. When the PIPE LINE is Ylfd tor ojl. gg. Ol1Tfllm products, or other flammable or highly volatile substances under P'IMI lffl, the PtPE LINE shall be constructed, installed and thereafter maintained in conformity with the plans and specifications shown on print hereto atlaehed, marked Exhibit B and made a part thereof. If at any time Licensee shall. in the judgment of Licensor, fail to perform property its obligations under this paragraph, Licensor may, at its option, arrange for the performance of such work as it deems necessary for the safe operation of its railroad. and in such event Licensee agrees to pay, within flftNn (15) days after bill shd have been rendered therefor, the cost so incumld by L.icenaor, but failunt on the part of Licensor to perform the obligations of Licensee shall not release Licensee from llabillty hereunder for losa or damage occasioned thereby. 6. Licensee shall reimburse Licensor for any expense incurred by Licensor for falle work to support Licensor's tracks and for flagman to protect its traffic during installation 1 of 6 • E X H I B I T 2 .. I· • • • and maintenance periods and for any and all other expense incurred by Licensor on account of the PIPE UNE. (Toe current rate, subject to change without notice, for furnishing of Licensor's Flagman is a minimum daily charge of $300.00, for the first eight hours, or any part thereof, per day, with an hour1y charge of $45.00 per hour for any time over eight hours per day). 7. Prior to any boring wor1< on or about any portion of the Premises, Licensee shall explore the proposed location for such work with hand tools to a depth of at least three (3) feet below the surface of the ground to determine whether pipelines or other structures exist below the surface, prgyided. howeyer. that in lieu of the foregoing. the Licensee shall have the right to use suitable detection equipment or other generally accepted industry practice ~ consulting with the Underground Services Association) to determine the existence or location of pipelines and other subsurface structures prior to drilling or excavating with mechanized equipment 8. Prior to installation, five (5) days advance notice must be given to l.icensor's Aoadmaster, Jim Underwood at 711 West 31 Street Denver, Colorado 80216. telephone (303) 480-6413. 9. (a) Except as set forth in Section 9 (b), when permitted by the Colorado Constitution and subject to the provisions of 24-10-101 C.A.S. Licensee shall release, indemnify, and hold harmless Licensor for all losses, damages, expenses, injuries or death to Licensee, its employees. agents and contractors, arising in any manner from the performance of this agreement. except for Licensor's gross negligence or intentional misconduct When permitted by the Colorado Constitution and subject to the provisions of 24- 10-101 C.A.S., Licensee further agrees to release, indemnify, and hold harmless Licensor tor all losses, damages, expenses, injuries, or death to any person, including Licensor, which arise in any manner from the construction, maintenance, use, state of repair or presence of Licensee's pipelines. (b) Whenever any employee, agent or contractor of Licensee or any of Licensee's Parties makes any claim for personal injury or death against Licensor within the meaning of the Federal Employers' Liability Act. or any applicable safety act. (45 U .S.C. e51 et seq.), for any incident caused, wholly or in part. by property, equipment. fixtures or condition belonging to or SUDject to the control of L.icensN, or claima or alleges that he or she is an employee of Licensor or is furthering the operational activities of Licensor, Licensee agrees to indemnify and hold harmless Licensor for all losses, damages, costs or expenses related to such claim, regardless of Licensor's negligence. 10. If at any time during the term hereof ween.or shall desire to make any use of its rail corridor with which the pipeline will in any way interfere, indudlng the relocation of existing or the constnJdion of new pipelines and other facilities in which it lhall haw an interest. Licensee shall, at Licensee's own cost. within thirty (30) days af1ar receiving written notice from Licensor to such effect. make such changes in the pipeline u in the judgment of Licensor may be necessary to avoid interlerence with the propoMd UN of its rail corridor. 2 of 6 • • . ., I· I • . , . • 11. (a) Licensee shall, at its expense, procure and maintain throughout the term of this License a comprehensive general form of insurance covering liability, including, but not limited to, Public Liability, Personal Injury and Property Damage. as well as Contractual Liability in the amount of S1 ,000,000 per occurrence and $2,000,000 in the aggregate. Such insurance shall contain no exclusion with respect to rail corridor of Licensor in the care, custody or control of Licensee. LICENSOR AND CATEU.US IIANAGEIIENT CORPORATION SHALL BE tWIEQ AN ADDITJONAL INSURED. (b) All risk insurance on the PIPE LINE of the Licensee, or Licensor's property in Licensee's care, custody and control, shall contain a waiver of subrogation of claims against Licensor. Licensee shall maintain Workers Compensation insurance which shall contain a waiver of subrogation against Licensor. (c) All insurance shall be placed with insurance companies licensed to do business in the State in which the PIPE LINE is located, with a current Bests Insurance Guide Rating of B and Class X, or better. Licensee shall provide Licensor in advance of said installation a Certificate of Insurance evidencing such insurance. Insurance must provide for coverage of incidents occurring within fifty (50) feet of a railroad track, and any provision in the insurance policy to the contrary must be specifically deleted. (d) A Railroad Protective Liability insurance policy issued in the name of Licensor with limits of $2,000 ,000 for bodily injury and property damage per occum,nce with an aggregate of $6,000.000 must be provided when construction work will be performed within fifty (50) feet of Licensor's tracks. The policy will remajn in force during the construction phase of this project and must be prgyided prior to Licensor signjng thjs !al& (e) In lieu of providing a Railroad Protective Liability Insurance policy, Licensee may participate in Licensor's Blanket Railroad Protective Liability Insurance Polic'I available to Licensee or its contractor. The limits of coverage are the same as above. The cost is S 1000. D I etect to participate in Licensor's Blanket Policy; D I etect not to participate in Licensor's Blanket Policy. (f) The fumishing of insurance required by this Section shall in no way limit or diminish the liability or responsibility of Licensee as provided under any Section of this License. (g) Licensee shall be allowed to self-insure any or all of the' insurance coverages refe1'911C8d above. 12. Upon writbtn notice from Licenaor, LicanlN agrees to assume the defense of any lawsuit. or other proceeding brought against Licenaor by any public body, individual, paru,ership. corporation. or other legal entity, relating to any matter covered by this License for which LicensN has an ot>igallon to aaume liability for and/or save and hold harmless Licensor, but only whel'I and to the extant permitted by the Colorado Constitution and subject to the pfOVllionl of 2~ '0-101 C.R.C. if so permitted. WceNN shall also pay all the coata incident to such defense including, but not limited to. 3 ote . . •. •· 0 '32 x l • .,---~---~---------------....-- • • attorneys' fees, investigators' fees, litigation expenses, setUement payments, and amounts paid in satisfaction of judgments. 13. (a) Licensee shall comply with all federal, state and local environmental laws and regulations in its use of Licensor's rail corridor, including, but not limited to, the Resource Conservation and Recovery Act, as amended (RCRA), and the Comprehensive Environmental Response, Compensation, and Liability Act. as amended (CERCLA). Licensee shall not maintain a treatment. storage, transfer or disposal facility, or underground storage tank, as defined by RCRA, on or under Licensor's rail corridor. Licensee shall not release or suffer the release of oil or hazardous substances, as defined by CERCLA, on Licensor's rail corridor. Notwithstanding any other requirements in this contract, Licensee assumes all responsibility for the investigation and cleanup of such release and when permitted by the Colorado Constitution and subject to the provisions of 24-10-101 C.R.S., shall indemnify and defend Licensor and its agents tor all costs and claims, including consultant and attorney fees, arising in any manner out of such release or Licensee's failure to comply with environmental laws, regardless of whether such costs or claims are caused or contributed to by the negligence or alleged negligence of Licensor, except to the extent such costs or claims are proximately caused by Licensor's gross negligence or intentional misconduct. (b) L:censee shall give Licensor timely notice of any release. violation of environmental laws or inspection or inquiry by governmental authorities charged with enforcing environmental laws with respect to Licensor's rail corridor. Licensee also shall give Licensor timely notice of all measures undertaken by or on behalf of Licensee to inves1igate. remediate, respond to or otherwise cure such release or violation. (c) In the event that Licensor receives notice from Licensee or otherwise of a release or violation of environmental laws which occurred or is occurring during the term of this License, Licensor may require Licensee. at Licensee's sole expense , to lake timely measures to investigate , remediate. respond to or olhefwise cure such releue or violation . 14. If default shall be made in any of the covenants or agreements of l.icenNe contained in this document, or in cue of any assignment or tranafer of this Licenae by operation of law, Licensor may, at its option, terminate this Licenle by serving five (5) days' notice in writing ~ Licensee; but any waiver by Licenaor of any default or defaults shall not constitute a waiver of the right to terminate this License for any subsequent default or defaults, nor shall any such waiver in any way affect l.icenaot's ability to enforce any Section of this License. The remedy set forth in this Section shall be in addition to , and not in limitation of, any other remedies that Licensor may have at law or in equity. 15. Licensee shall promptly pay and discharge any and d liens arising out of any construction, alterations or repairs done, suffared or permitr.d to be done by LicensN on the PIPE LINE and shall indemnify Licensor against any Joa, liability or exi,ense incurred by Licensor on account of such liens. Licensor is hereby authorized to post any notices or take any other action upon or with respect to the PIPE LINE that is or may be permitted by law to prevent the attachment of any such liens to Licensor's premisN: provided. however, that failure of Licensor to lake any such action shall not relleYe 4of 6 . . •· • .1-----,,----------------~---.....-- • • Licensee of any obligation or liability under this Section or any other Section of this License. 16. In the case of eviction of Licensee by anyone owning or obtaining title to the rail corridor on which the PIPE LINE is located, or the abandonment by Licensor of said rail corridor, Licensor shall not be liable to Licensee for any damage of any nature whatsoever or to refund any payment made by Licensee to Licensor hereunder, except the proportionate part of any recurring rental charge which may have been paid hereunder in advance. 17. Any notice to be given by either party shall be deemed to be property served if deposited with the United States Postal Service, or other acceptable mailing service, postage prepaid, addressed to either party, at the addresses and department shown beneath signature of the parties. 18. In the event that Licensee consists of two or more parties, all the covenants and agreements of Licensee herein contained shall be the joint and several covenants and agreements of such parties. 19. Any contractor or subcontractor performing work on or in connection with the PIPE LINE shall for the pwpose of this license, be conclusively deemed to be the servant and agent of Licensee acting on behalf and within the scope of such contractor's or subcontractor's employment for Licensee. 20. Neither Licensee, nor the heirs. legal representalives, successors or assigns of Licensee, nor any subsequent assignee, shall undertease or sublet the PIPE LINE nor assign or transfer this License or any interest herein, without the prior written consent and approval of Licensor. 21 . It is understood and agreed that this License shall not be placed of public record. 22. All the covenants and provisions of this License shall be binding upon the heirs, legal representatives, successors and asaigns of Licensee. No assignment by Licensee shall be binding upon Licensor without the written consent of Licen8or in each instance. 23. All questions concerning the interpretation or 8')plicatlon of provisions of this License shall be decided according to the laws of the Stale in which the PIPE LINE is located. 24. To the maximum extent pouible, each p,ovieion of this License shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this License shall be prohibad by, or held to be invalid under, applicable law. such provision shall be ineffective 90lely to the extant of such prohibition or invalidity. and this shall not invalidate the remainder ot such provision or any other provision of this License. 25. The waiver by Licensor of the breach of atfl/ l)fOllilion herein by Uceneee shall in no way impair the right of Licensor to enforce that proviliol'I for any subsequent breach thereof. 5 of 6 •· • • • • '· _., •• • • ---II -•• e \ .. . . 26. Notwithstanding any other provisions of this license, ucensee shall comply with all statutes, ordinances, rules, regulations, orders and decisions issued by any federal, state or local governmental body or agency estllbllhed thereby relating to Licensee's use of Wcensors premises hereunder. '1:1. This license is given by Licensor and accaptad by Licensee upon the express condition that the same may be 181'minated at any lime by either party upon thirty (30) days' notice in writing to be served upon the other party, stating therein the dale that such tenninadon shall take place, and that upon the tenninatlon of lhia llcenM in 1hia or any Olher manner herein provided. Wcensee, upon demand of Uceneor, ltllll abandon the UN of the PIPE LINE and ranove the same and restore the rail canidor of Licensor, u near • poelible, IIO the same coi lditlon in which it w prior IIO the placing of the PIPE LINE .,.,...__ In cue Licen8ee shall fail to l'NIIOre Licen•ors rail corridor wilt*1 Thirty (30) days nr the eff9ctlve dale of tanniuadon, Licen8or may procNcl with such work Ill the ellPel• of Licen8ee. No l8nnillallor1 .,...,, ... ,..... Licensee from ..,, labllly "'ablglllon tweunder, wheltw' ot immwlil'/"' oe.. .... resulting from any a1:1a, Oll'lil8iol• or 1M1111B happelling prior to the data the PIPE LINE is l"8fflOVed and the rai conidor of Licen8or restored .. abov9 provided. 28. This LicenN is the full and complete agreement betwNrl Licenlor and Licensee with rNpeCt to al mau.rs ...eating to licenae on the PremiNs, and supersedes any and al Olher agreements betwen the parties het'9tD reladng to llcenN on the PN1Tti111. Cal8llua Management Corporation is acting aa agent for The Bur1lnglOn Not1hem And Sar1la Fe Railway Company. WHl!REOI', the .,.,._ haw eucu1lld this agrwnent in duplicalll the day Md year first llbcMt writlan. 1HE BURLINGTON NOlffltlRN AND SANTA Fl! RAILWAY COlll/l'MY By: By: 0.-. Mllliagement Co,porallon Its Anorney in Fact 4S"5 Fuler Drive, Suite 105 Irving, TX 75038 CITY OF INGLIWOOO UIIIIIN Oepa,1ment :MOO Sou1tl Ball SlrNt E11gleseood, CO 80110-2304 By: Title: eote , ' • • 0 1 a2xl • • • • (. EXHIBIT "A" ~TTACHEO TO CONTRACT BETWEEN THE BURLINGTON NORTHERN AND SANTA FE RAILWAY COMPANY ANO CITY OF ENGLEWOOD, CO FORT WORTH, TEXAS SCALE: 1 IN.=~ FT. CQLQRADO DIV. PIKES PE:AK SUBOIV. L,S, ~ DATE 04/02/1997 I , ; v-4 MAP~ PARCEL .W ... a) ~ ~ :. \ CARRIER CASING PIPE PIPE SIZE: J6" 48" CONTENTS: ii PIPE MATERIAL: ~~ SPECIFICATION/ CRACE: WALL THICKNESS: COATING: Y Y CARRIER PIPE CASING PIPE LENGTH a. R/W: l QQ' 1 QQ' IOUtlNC PRESSllff:: 40 es I ' BURY: BASE/RAIL TO TIJ' rs: CASING~ BURY: NA TIJIAL CR(lJC) BURY: ROADWAY DITCHES CATHOOIC PROTECTla. NIA VENTS: NUMBER .JiLL SIZE ---HEIGHT rY VENT ABOVE GR<lJNO --- NEAR ENGLEWOOD COUNTY OF ARAPAHOE NOTE : CAS I NC TO BE J ACXEO r11 ORY B<IIED ONLY STATE OF CO ORHINC NO. 1-10401 • . .. • I • • • • <. COUNCIL COMMUNICATION Ila Apndaltem 8lllia't June 2, 198'7 10 a H Adopdanaf('Amd Policy Maaual lnffle4ed8y StaWS.... at.yMiamay DIil Broaman ·- COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council policies have been brought to the City Council over the past year. RBCOMMENDEDACl10N Passage of this Ordinance will amend the Council Policy Manual for the City Council of the City. BACKGROUND, ANALYSIS, AND ALTBRNA'ftVBS JDBNTDl'IBD This Ordinance shall amend the Establishment of City Council Policy And Procedure which was passed by Resolution No. 48, Series of 1990. Thia Ordinance shall amend the Policy For The Adoption Of The Rules Of Order And Procedure For 'lbe Englewood City Council, Resolution No . 66, Series of 1990, Ordinance No. 1, Series of 1995. Thia Ordinance shall amend the Rules Of Order And Procedure For The City Council Of 'lbe City Of Englewood. Colorado. Thia Ordinance shall amend the Policy Adopting Ground Rulee For The City Council Of The City Of Englewood, Resolution No . 44, Seriee of 1991. Thia Ordinance shall eetablisb a policy reprding the release of information by Council Members . Thia Ordinance shall amend the City Council Diacretionary Funds Policy, Resolution No. 11, Seriee 1992. Thia Ordinance shall amend the Travel Policy For The City Council Of Englewood, Resolution No. 49, Series of 1990 which was repealed and amended by Resolution No. 10, Series 1992. Thia Ordinance shall amend the Policy Concerning The Use Of Office Supplies And The Use Of City Secretarial Staft'By City Council Members , Resolution No. 60, 1990. Thia Ordinance shall establish a p,>licy concerning requests of City management staff' by City Council. FINANCIAL IMPACT There is no financial impact. UST OF ATrACIIMBNl'8 Council Bill No . 53, Series of 1997 Council Policy Manual • . .. • 0 '32 x l ORDINANCE NO . _ SERIES OF 1997 • • • \. BY AUTHORITY ABILLPOR COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL MEMBER ______ _ AN ORDINANCE ADOPTING THE COUNCIL POLICY MANUAL. WHEREAS, this Ordinance shall amend the Establiahment Of City Council Policy And Procedure, Reaolution No . 48, Series of 1990; and WHEREAS, this Ordinance shall amend the Policy For The Adopticm Of The Rules Of Order And Procedure For The Englewood City Council, Reaolution No. 66, Series of 1990, Ordinance No. 1, Series of 1995; and WHEREAS, tbia Ordinance shall amend the Rules Of Order And Procedure For The City Council Of The City Of Englewood, Colorado; and WHEREAS, tbia Ordinance shall amend the Policy Adopting Ground Rules For The City Council Of The City Of Englewood, Resolution No. 44, Series of 1991; and WHEREAS, tbia Ordinance shall establiah a policy reprding the rel-of information by Council Memben; and WHEREAS, this Ordinance shall amend the City Council Diacretionary Funds Policy, Reaoluticm No. 11, Series 1992; and WHEREAS, this Ordinance shall amend the Travel Policy For The City Council Of Englewood, Resolution No. 49, Series of 1990 wbicb wu repealed and amended by Reaolution No. 10, Series 1992; and WHEREAS, tbia Ordinance shall amend the Policy Concenun, The Uae Of Otlice Supplies And The Uae Of City Sec:retarial Std' By City Council Members, Reeolution No. 60,1990;and WHEREAS, this Ordinance shall estab1iah a policy concenunr requeata of City management staff by City Council; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Ses;tim 1. The City Council of the City ofEqlewood, Colorado hereby autboriw the adoption of the new Council Policy Manual attacbed hereto u Emibit 1. Introduced, read in full, and paued on tint readiq on the 2nd day af June, 1997. \ • I • • • (. Publiabed u a Bill for an Ordinance on the 5th day of June, 1997. 'lbomu J. Burns, Mayor ATTEST: Loucriahia A. Ellia, City Clerk ' . ... I, Low:riabia A. Ellis, City Clerk of the City of Enpewood, Colorado, hereby certify that the above and fonluinl ia a true copy of a Bill for an OrdmaDce, introduced, rNd in full, and paued OD fint reading Oil the 2Jld day of June, 1997. Loucriabia A. Elli• .. • • . • ·, • ~. r TABJ I OF CQNTJCND L PQJICY ESTABIJSHMENT OF CITY COUNCIL POLICY AND PROCEDURE 1 RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL 2-9 GROUND RULES FOR CITY COUNCIL 10-11 POLICY REGARDING THE RELEASE OF INFORMATION BY COUNCIL MEMBERS 12 USE OF DISCB.mONAllY FUNDS 13-15 TRAVEL POLICY FOR THE CITY COUNCIL OF ENGLEWOOD JS POLICY CONCERNING THE USE OF OfflCE SUPPLIES AND THE USE OF CITY SECRETARIAL f!frAFF BY CITY COUNCIL IIEIIBERS 17 POLICY CONCERNING REQUESTS OF CITY MANAGEMENT f!frAFF BY CITY COUNCIL ]8 0. ENGLEWOOD HOME RULE CBAllTBll PROVISIONS DEFINING CITY COUNCIL POWERS AND RBSPONSIBWTIBS 1-15 ENGLEWOOD MUNICIPAL CODE PROVISIONS DD'INING CITY COUNCIL POWERS AND RBSPONSIBWTIBS 11-38 f!frATE CONSTITUTIONAL PROVISIONS AND f!frATB f!frATUTll:8 CONCERNING CITY COUNCIL 29-31 MISCELLANEOUS ORDINANCBS i. ELECTION OF THE MAYOR sa ii . REGULAR MBll:TINOS • iii. POLITICAL ACTION COIOll'l'TD CONTRIBtmONS 31 • , • • . . ESTABLISHMENT OF CITY COUNCIL POLICY AND PROCEDURE. Each propoeed Council Policy should be a clear lltat.ement of Council's pbilOIIOpby on a given illllue. Each proposed policy llhall have a 11pomor. Appropriate llpoDIIOrll for Council policy shall be: A. Council Member(1). B. The City Manapr. C . The City Mtomey. The 11pomor of a Council Policy lball make ..-tation of that policy, U'lflle and defend that policy before tbe Council and if cbanpa are required tbe IJ)OllllOI' llhall make tbe required cbanpa and lball brine it beck before Coancil u many timea u n-.ry until it ii in a mm acceptable to Council. Any member of Coancil may move to amend the propc.ed or eatablilbed policy at any time it ii appropriate. Adoption of Council policy lball be by ~ in pablic -.ion and llhall thereafter be included in a Coancil Policy Manual. The l'9lpOlllibilit of implaaentation of Council Policy lball be in tbe DOl'IIW faabiOD under ~ of tbe Charter and Code. Any cbanae to Council Pa1icJ lball be • eiplWwt in tbe w fMbian u a new ~lie:,. RNOlutiOD No. '8, Slrill of lllO Ammcled by OrdiDm No. at, S.-al 1917 I -l .. • I • ·, • <. RULES OF ORDER AND PROCEDURE FOR THE CITY COUNCIL. Tba order of business for the Englewood City Council shall be heard in the following sequence: A . Ordar pf 8n•iPW All meetinp, ucept euc:utive meetinp of the City Council, shall be open to the public. The matters to be deliberated by the City Council shall be considered and diapoeed of in the following order ucept where otbenriae decided by a m~ty vote of City Council memben present at said meeting: (1) Call to order. (2) Invocation. (3) Pledge of allegiance. (4) Roll call. (5) Consideration of minutes of previoue aeuion. (6) Recopition of pre-achedulecl citizeu and visitors. (7) Rec:opition of DOD-ec:heduled citizeu and viaitors. (8) Communicationa and proclamations. (9) Public hearing items. (10) Consent apnda itema. (11) Replar Agenda. (12) General Diac:uuion: Mayor's Choice . Council Member's Choice . (13) City Manapr report. (14) City Attorney report. (15) Adjournment. Tba businNI of all l'9IWU' meetiDp shall be tranaact.ed in the order provided for above unlNa City Council, by a ....;ority vote of all _...... ..-t, lball aupmd the rules and c:hanp the order. On the 'lbunday precediq the replar City Council meetin(, or at IUCb odier day• tbe City llaaapr, from time to time, aball demmine, tbe City llaaapr will haft cWiffl'ed to each Council llemblr an a,mda lbowm, tbe order of ..... and illdicatinc the public mump to be wt;icipeted • a raalt of Jll'fflllll9 ad:ilm al City ComM:il, pl•nninr or odier o-miMicma. Alao u..t will be Gl'ltinllDCPI for 8nt or NCODd readinr, pmt:ima ~ ..-tad 11D tbe Cllrk'a amc. and a liat of the n,porta of apecia1 ccmuai1:teN, tbe City ........ Qty~-At each meetinr it lball be aaed by tbe pnaidinr ._. if tmn 111'8 objectioaa or are corncticma 11D be made to tbe 1111UU1J af llimlNa af tbe ~ meetin(. If there 111'8 DO objectiaaa, tbe 1111UU1J afaiDatiaa llhall be approved. B . Tbe Coment Apnda may include OrdinancN cm tint and ~ .....un,, 8-oluticma and Moaaaa. Public 8-riap and tbe aWlity far pablic input lball precede the C-t Acm,cla. C . Tbe C-t Apnda lball include ... i*-8 al a .......... nplar cbaract.er' wbicb are DO& prabiliiW by Cbarw and Coda•.._. law. Tbe Coaaent Apada lball be placed -tbe Coacil Aamda • tbe City ........... diacnticm. AAy member of Council may NfflOft a tum • itala tram tbe I -2 • . .. •· • ... I w • ~ ~ = 0 "Ill lllJ C, IJ 11 r ! ii l r n It II r r r t f : ~ t . t Jr § 3 ! § ~ § !l 8 I r [ f 't~tt!t1' l't I' l l~!I iJ lJ lat-~~~~~~~~ ·1· 'fff f f rfB •• • l ti;; l f I f! JlJl'itf . i . i h!t''i t!I tJ11:-'i'· • I · ;~l 'tlJ .{ ~u. J i . r1 .r •• 1 .1 ,,a Ht l,~J Ii k· fr l , If ~ ~ I I .. '1· ~ 'I JI! ·· , t ·1· • n • r fl I, . .. ' " i El 1 ~Ir !Jr .t 1~ • 1(,;r1 11 I 1 .. • 'J 11.. i ... I J ~ ,. I ' ,1'1,J1' lar· . ~ l 1"f ~ . r [i ·t r I Ii'~, I ,,. ,1 J 1· .... I I ,f II fr ~ lt : I :J · r ft ft' II. t i J r I . . ~ . 7 . . • • , . • '· Consent Agenda through wie of Council prerogative. Said items shall be heard in the regular course of the meeting. D . Pr@c:edeoc;e of Motiona When a question is before the City Council, no motion shall be entertained except: ( 1) To fix the hour of acijoununent; (2) To acijourn; (3) To lay on the table; (4) To ask for the previous question; (5) To poetpone to a certain day; (6) To refer; (7) To amend; and (8) To postpone indefinitely. These motiom shall have precedence in tha order indicated. Ally IUCh motion, except a motion to amend a motion to postpone indefinitely or to table, aball be put to a vote without debate. E . ¥otime to be Ste&ed by Cboic • Withdraw Ally member may demand that a motion be put in writing. A motion may not be withdrawn by the mover without the approval of City Council. F . Diyiaim of Qucatim If the question cootaim two or more diviaible propoaitiona, the Preaidinc officer may and upon request of a member divide the ume. G . Amend To 5k:ilFe Out, ik On u ammdmmt to strike out and imat., the panp,ipb to be ammded lball be read, u it ICallda, fint. Then the --propaNd to be atril:keD oat Uld tt-to be i--' shall be read; ftnally, die ........ -it wwld ltaad, if 10 ammded, lball be rad. H . teend IP temdeert AD armdemt • a motiao shall be in ordllr, bat -to aamd aD __.,_t lball not be introduced. AD NIMftdmmt madifJial die intmtion • a motim lball be in order, bat aD ........,. nlams to a ditflrmt ---lball not be in order. I. Netim IP Pn$nae J . AD moaaaa to II NCJ -. acept a motim to paatpuoe incWbiiWy, may ba ......... -to time. If die matiaD to ...... mdabitllly ia c:arriad, die priDcipal qUNaGD lball ba dac:land 1-. An11P4 Nm On tbe pwap • fl'IW'/ ordiDaDce or rwil._, ad • tbe appaiae-t • uy officer, cm .U motima caacmmac die npmditan • fuada, die 'Nte aball ba tum by kJea ad Na:,a ad__.. ill fall iD t;be .-d. Bftl7 -- s--t lball be requind to._ amaa _.. far caw by UDaDi- CODNDt of the remainin1 ......_. • tbe City Coaaci1 ..-t. Tlla 'Nte aball ba 6Jr or apinat a pmdjna ardiaanm or naohdim and not tbe npmt mdle committee thanon. I -3 ... • 0 • .,----------~-----------..--- • • (. K . Ah1¢1in have I NIIOP Every member, when preaent, must vote upon ordinances, resolutiona and motiona, ucept he shall be ucuaed from voting on matters involving the conaideration of bia own oflicial conduct or when bia personal or financial interest is involved. L . Bes:PPtidttaRPP A motion to rec:omider any action taken by the City Council may be made at any time subject only to the follcnrinc limitatioaa. Pauap of an ordinance may be rec:oaaidend at any time prior to the time such ordinance becomes effective. Any action of the City Council having u its ultimate purpose the vestinr of any c:ontractual or quasi-contractual ript may be conaidered at any time before the actual vestinr of such ript. A motion to reconsider must be made by a member of the prevailing side but may be seconded by any m-ber. A motian to recoamer may be made at any time and have precedence over all other matiom, and while the maker of the motion bas the floor, it shall be debatable. Nothing herein shall be construed to prevent any member of the City Council from making or remakin( the same or any other motion at the subaequent meeting of the City Council. M. Bmerunex Onlinenm Emergency ordinances which ue neceuary for the immediate preMrVation of public property, health, peace or safety, mut be unanimoualy approved by a quorum present at any meean, of the City Council. 11le facts showing such urpncy and need shall be epemlcally stated in the ordinance. Emerpncy ordinances shall tab 6ct immecti1Wy upoa 8nal pauap and sball be published within NVen (7) da,a thanof. No ordimnce makinr a ,rant of any special privilep, lnyiq tlDI, iDCQfflllf inclebtedneu, autborisiq borrowinc money, or biq rata cbarpa by any city-owned utility sball ever be palled u an ......-c, _.._ N. enretun ip .&berm rt Buh Roberta R,,la of Ord.r, RniNd tball pwn tbt procedun of the mNtmf in all -wban ...,U,,,Ne wl .._. cm · I t with tbt Cbanlr or tbt rulN of proceedinp --lad by tbt City C-0. o . APPPYPIPPI C:oeeuninttee Uaaiped c:ammunicedme tball Dat lie ilmodwd at City Council meetinp. P. Tit YAW Q. In cue of a tie in vatee OD uy pr a, I, tbt pnpaul shall be CODllidend laat. Ontireocee Beeo!vUen Hcs6ee M4 CmSncte (1) lntmchadim All ordinallCII wl NIOl9*imla tball be iDlnduwl to tbt City Council in printed or wrtu. font. Ontin,....., naohdimla, wl other mattan or aabjeda nqnirms actilm by tbt City Coaad1 •• be int:roduc:ed by a_... oftbt City Camcil amp& the& tbt City llaDapr or City Mt.army aay ,.._a a II m, NIOlntl«-te wl other mattan or llllljeda to tbt Cl&J Camcil, _. -, City Coaad1 •-• may ..... apaamldp of a a fl ,, l'l9llhdiaD or IUbject. I -4 ' . ' ' .. ,.,: • 0 • .~-----------~-----~-----:---000- • (2) Bt:mJt All propoaed ordinmcea ahall be nmewed by the City Attorney and bear bialher certification tbat they are ill correct form. Tbe City Manapr shall attach to each propoeed ardillance a brief dipat of tbe proviaion thereof and where it ia propc...t to amend an mating ordinance. Said dipat ahall indicate tbe cbanp IIOlllht to be made and shall alao abaw tbe -altbe department or party at wboae niquellt the propoNd ordiDaDce -prepared. (3) PrnrzedPD gf Peaer An ordinance may be introduced u a bill at any regular meeting by any member of the City Council. Upon introduction, the bill shall be read or pabliabecl a first time ill fall and City Council may set the day and hour at wbic:b City Council shall bold a public bearing thereon. When a public bearin, ia held the final readiq of the ordinance or reaolution c:ancemed will be held at the nut IICbeduled Council meetillc and not OD tbe aame night u the public bearing. A bill, before ita final puap, ab.all be preMDted at one additional meeting of the City Council, which meeting muat be held no earlier than seven (7) da11 after publication of the bill for an ordinance ill ita final amended form, ucept ill the cue of an emerpncy ordinance. After final pauap, nery ordinance shall apin be published by reference or ill fall u City Council may determine. <-'> Amendinr Onlinensu An amendment to an aiating ordinance ahall be accompaniecl by an abillit ahowinc tbe part of the oripw ordinm to be amended, prapady ident:i&d by pap, aection, or paracraph, refarmciq to the ariplal ordinaaee, and bavinf a line drawn thnqb tbe puta llriclraa oat and tbat put added abawn ill caps, italics or ill a diSllrat coland mt CII' lllldK8mred. Copia al tbe abibita lball be f'llnlilbad to -=la -. al City Comicil. (5) II' re •;, If a COIIDCil ....._ bu r-.,u:1•1 II a......_, dlat .._.... .... lbaald ...... -tbe ordiunce. R . Md ·n« the City Cmncil Ally ..... dairin, to ~ tbe City Coaacil aball Int _... tbe permiaian al tbe pnaidiDr amc., to do •• ad .,.. • tbe appnprillte time liat.d -the apnda. Cl> WrinlD Communirelime (2) IDtanlted part:iel ..., ~ tbe City Coaacil by written communicatiom ill reprd to mattma tbm ad8I' dileuaian. Ytdwl C:emmuntrelitme Formal vwbal CC11111Dunicatiam an aDow9d ODly wbm Khaduled Clll tbe A,mda. Ia ...... puma may..._ tbe City Coaacil by .....i communicatiam Clll any llll&&ta CClllCIIIUDI tbe City', buiMa to ay mattar °"" wbicb tbe City CCllllldl bu cam:rol; pr,mded, howftW, tbat ..... abal1 be pm to ... llmlban who may ban aodacl tbe City ......... ill ad9anea altbair dNin I -S ' ' .. • • s . • , . • '· to speak in order that t.be same may appear on t.be agenda oft.be City Council. (3) Reeding of Prot.eltt Interested peraons may addreu t.be City Council by reading of protests, petitions or communicatiom, relating to zoning, HWer and street proc:eedinp, hearing OD protest&, appeala and petitiom, or similar mattera in reprd to aubjecta t.ben under comideration. Menner of Addreuinf'O'imt J,imit Each penon addreuinc tbe City Council shall give hill name and addreu for t.be record and shall limit their ~ to a reuooable time. 'lbe length of such remarka may be specifically limited by the presiding officer. All remarka shall be addreued to tbe City Council a a body and not to any member thereof. No penona other tb8ll tbe City Council and the Member baYinc the floor aball be permitted to enter into any diac:uuion, either direc:tly or through a member of the City Council, without the permiaion of the presiding officer. No question shall be uked by a City Council Member ucept through the presiding officer. T . Decorum While the City Council is in session, the membeni must preeerve order and decorum. A member shall neither, by conversation or othenriN, delay nor int.errupt the proceedinp, nor the pa.a of the City Council, nar diaturb any member while speaking, nor refuse to obey the orden of the City Council or ita pre1icling officer. u . &1eeneim of Hulm Any provision of tbeN rules not pemed by the City Charter or City Code may be temporarily 111apended at any mNtiDc of tbe City Council by a ~ty vote of all memben of the City Comicil. The vote OD any IUCh 1Up811aion aball be tum by a,-and aaya and mt.end in the record. v . 6m1Pdment af Bui, TbeN rulea may be ammded or -rulee adapted by majority vote of all memben oftbe City Coaacil. Any-=b ,--,cbnmt,(1) eba1l be eallmitted in writiq at the prec:ecwll replar IIINUS and ebaJl be placed OD the ..-U of tbe City Council. w . Plahlis ffeeriv All thoM deairin, to be beard OD a pu1:icular iaue at a replar public beuiq before City Council may liat tbair um., incticetiq OD which tide of the ieeue, whether for or apimt, they wilb to epeu. Thia liat will be hallMCl t.o the presiding ofllcer who will have all tbaae wbo an liatiecl ltep farward to attat by IWOl'll oath that all ffldmce they ..-twill be the truth. If both lidee of the iaue an resn-ted by IIIMI or -individuale, the City Council will aet the lea,th of tima to be mud. Bach lide will be PftD an eqaa1 time to preMDt their cue. Thia will be a total time within which all tbaae deairiq to be beard will be conftned Followiq the ..-tuw of tbaae in faYGr, than thoM oppoeed, the petitions will be ,nm a C-minu11ee Car rebuttal. At ay ltap in the beariq, eithar tide may---. any~ baret.a6n• preMDted, but the time for thia will be illduded in the oripw time allot:t.ed. Followiq the rebuttal of the petitioner, the pneidiq omcer will cleclan the beariq clOMd and the questiona Nmllllded to City Council Car ~- I -6 ' ... X. • , . •, • <. If any City Council member wiahes more information from any individual who spoke at tbe bearing, helahe may direct questions only tbrouch tbe preeidin( officer, to the individual and tbe respome will be limited to the anawer of tbe queatian u stated. Peeeea Pmredwe A $TIP BY $TIP PRQCMS -OBDJNANCBS OrdinaDCN are med primarily for tbe J)aaap of leplative m.atten and penal in nature. In additiCJll certain ...-.mta must be appao+ed by ordinance and certain budptary matten libwiae require ordinance approval. At the first read.in(, tbe ordinance ia "JJl"CIIIC)led" and ia Im.own u a "bill for an ordinance.• It will ha ... a pnmoaaly auiped eounc:il bill number on tbe doc:ummt. There are aeveral reuaaa for dlia. Fint, tbe number ia aMiped so that it can be numerically identified by all parti• inYOfflld. When it a- to Council, it beeomes an official doeummt which must be dealt with in aome manDer. That manner ia approval, failure to approve, tabq, etc. To be effective, ordinances require two readinp. APPBoVAL OF CONSENT AGENDA ITEMS Approval may be clone in mua, that ia , all itema may be approved in batch, or they may be removed from tbe Conaent Agenda by a request from a Council Member. OrdiDancee approved under the Coment Apncla are automatically auiped a number by tbe City Clerk and are not individually read by title. APPJlOYAL OF NON-CONSENT AQBNDA ITEMS Removal from tbe C-t Apacla aDon debate Oil the aubject. For imtance, under the C-t Apacla (which appean under SecdaD 10 aftbe Council Apacla,) tha Ya,w will uk. "IS TBBBB ANYONB ON COUNCIL WHO WOULD DBSillE TO HAVB A IIATl'D UIIOVBD FBOII TBB CONSENT AGBNDAr At tha& paill&, tbe Coaacil ...._ -W ltUI, "I REQUBST THAT lTBII _ Bl UIIOVBD FBOII TBS CONDNT AGENDA.• Thia doel DOt nqaiN a llalilm ar .-. Manly,.....-. ..-c,qJ ia lldllcimt. WIim ---ii~ Ina tbe 0-* Atmda, tbe it.ml nmeiniD1 lbaald be -w=owd ill -· ...._.... la tha& dley would all be appl'O'Nd;....,..,. Cwil ...... _.. Nqallt ~ TbON iteau NmOf.t an cmdd ad._. aD adla-C..... A,mda itala ha ... hem appl'Oftd. 'Die ........ 111111111d be to dNl rib tbe ... ill tbe ume ordar U tMy appNl'CID the ...... wb to be dlbeW aad .... upaD aeparately, .. for tbaN alrwly appavfed. On Enpewoocl'a apada, DGD-cmamt Billa for Ontinencea an dealt with under SectiCJD 11. A Bill for an OntinaDce ia iDdiwlul1y dNlt witb in tbia NCticm; that ii, wb item iD Sect:iaD 11 la talraa ..,....._ay wl by itallf. I -7 • , • •, • <. At a Council member's request, "I ASK THAT THE CITY CLERK READ THE TITLE OF COUNCIL BILL," the City Clark reads the title of the bill out loud and Council reads the bill silently (generally, this baa been done prior to the meeting to keep the meeting moving quickly). Should a Council member desire to sponaor a bill, be/she would state u follOWI : YOUR HONOR, I MOVE THAT COUNCIL BILL NO. _ BE APPROVED or an alternative I MOVE AGENDA ITEM _. Another Council member, if be/lhe wuatll to diac:ua or Melt approval of the bill, may HCODd the motion. 'lbia ia done u follcnra: "YOUR HONOR, I SECOND THE MOTION." At that point in time, the Mayor would request if there ia any debate. Just becauae a Member spoDIClnd or ll8CODded a bill does not mean that they nec:euarily have to speak in favor of the bill. It may be awkward for a Member to sponaor a bill becauae their name then appear11 on the ordinance, and if they vote apimt the bill or oppoee the bill, their name would then be uaociated with approval of the bill. Once a call for the question ia made, such u, "I CALL FOR THE QUESTION," the Mayor would then request a vote, which ia electronically recorded. The City Clark tbm adviaN the Mayor of the vote, identifying the ayes and naya, the Mayor will UUIOUDC8 whether the Ordinance ia puaed or defeated. The Bill for an Ordinance ia puhliabed in full. When a public hearin( ia held the ftnal readinf of the ordinance or l'910lution concerned will be held at the nut acbeduled Council MNanr ud DOt on the same nipt u the public hearinf. 'l'bseafter, at a lUbNquent meetiq (more than 7 days after publication in ftnal amended form), the Ordinance ia preNDted for NCODd readin1. When it ccaa time to approft a Council Bill OD NCCIDd nadin, which baa hem witbdrawa • aot liated cm the C-t Apnda, it ia l&ill idmtifted with itll Council Bill Nuabar, bat it ia iD prapoNd ordiuace llrm . At -paint, uaually Nfare dirollicm, a Comcil llamber would Mk tbat the Clark rwl Coancil Bill No . -• Apada U-No. _; the Clark dim raeda the it.em by .W.. A Coaci1 ..__ waald dim..._ • fallon: "YOUR HONOR, I MOVE roa APnOVAL OP COUNCIL BILL_.. oa "YOUR HONOR, I MOVE roa APnOVAL OP AGENDA 1TBII No. -·· A NCODd ia made, diacU8lima fDUowa, ud dim the wte ia tum, much u in the cue of the ant relldia,. Publication by title tba ocean after ftnal nadin, ud paaainr. ANENPJNQ ARQJNANCRS: (1 ) Alwr ant rNdia, • ne at tint nadiq, a Council Member may dare to ammd an ordiullce. A motiaD m• be made to ammd the ordinance with the apeciflca al the .... dment idmdW and ..W in the modOD wbicb -W be much lib the fDl1owiar: "I MOVE TO AMEND COUNCIL BILL NO._. SBC'l'ION _. TO INCLUDI THE POLLOWING WORDING: -------- I -8 .. l'iO.IE.S.: • • . . --------------" If the Council Bill bu already been umped an Ordinance number, then the motion would be: "I MOVE TO AMEND ORDINANCE NO. _, ... " There must be a aecond and then debate can occur. The amendment is first voted on and then the ordinanc:e ii voted on. ( 1) There may be more than two readinp of an ordinance. Where an ordinanc:e is amended, it mUlt ftnt be publiabed in ita tlnal amended form before lut readin(. (2) Publication dates and notic:e requirement. may dictate that an ordinance not come back at the nut meeting of City Council. (3) Ordinances an alwa:,a dealt with in the poeitive the "motion ia to approve." The motion is alwa:,a made to appnmt not to diaapprove. X. A STEP BY STEP PROCEDURE· BMQLJmONS Reeolutiom are uaed for formal approval of nonlegialative meuurea. The Procedure for approval ia: "I ASK THAT THE CLERK ASSIGN THE RESOLUTION A NUMBER AND READ THE RESOLUTION BY TITLE." Alternative -"I MOVE ITEM _. • The Clerk uaipa the Reeolution a number and atatN the number, then reads the title. "I MOVE THE PASSAGE OF RESOLUTION NO. _, SEBIES OF 19_." Reeolution No. 88, Seriea of 1990 Ordinanc:e No. 1, Seri• of 19911 (Amendiq the order of buainNa and ~ the Cammt Aamd,a) Ameaded by Ordinanc:e No. 39, 8lriN of 1997 I -9 . ' • 0 , • • • (. GROUND RULES FOR CITY COUNCll.. Sbady See,jgp Polic;r. A. Material on new infannation muat be receiftd before ltudy ..aicm to allow diacuuiaD in -.._.... fMbiaD. No iDformatioD pnNDted without backup material can be ~ No deciaicm will be made until all memben baft bad am oppartaaity to review tbe iDformatiaD. B. Requeata for infannation or actiq to a c:itisal'1 coacern muat IO through the City .._.,... Ot&e. C. Requeata for iDformatim abould rNUlt ill iD.fanutiaD for all al City Council. D. Old illuN may be braapt beet for atatua update or aa a l"NUlt ala.w iD.formatioD a-,,,,,;n, available. If a Council Member wiabea to study tbe iuue at pater Jmctb, ult Council for a COIINDIUI vote to proceed. E . A C011NU111 vote by City Council may be uaed to clarify direction to the City Manapr. PnNic Swim PoUcr. A. All matten al policy aboulcl occur for debate m vote ill public forum. B. ~tatiaa al Jut minute information abould be avoided whenever paaible. If it ii related to am emspn,cy aituation, it aboald be voted cm by City Council tar auppmt. The City l(anapr or tbe Mayar aboald make cenaiD all infannation ii pnmdad to City Council in -equal and timely fubioe. C. Awid aurpriNI. Al a mdar' al caamon -.rwy, _.,.. aboald notify City Council priar 1D a publk ...... .._ tbay plan to raDO'f9 - itam fram tbe cauaat a,mda. D. IAarn to utili&e ndea • oatlimd in tbe ~ llanual al tbe City Council ........ paaible to help lacilitate ... ordarly procaa. Aaiat each odMr ill a poaitift -• .._ addnNiq cmrect ordm al procedure. E. If JOI! baft a qUNtiaD cm a cammt ...... or flnt rNdinr itam, caatact ltd prior to tbe IIINtinr ........ poaihle. r . Procedure for maJdnr matiam mids qmda item 11, Ordinen-. 8-olutiou and llotiom. 1. Ma,or in~ tbe item, ltd prffldaa .--.I inlarmat:iaD. 2. Informatian and quatiau may be dinc:tad at ..tr prior to maldnc a motion. I -10 .. • • 0 '32xl ,. • ·, • '· 3. Council makes the motion. 4 . Debate occun betwem and 111DC111g City Council, but abould be limited to making a point or atatiq a poaition. Redundancy, grand standing, and Memberal attacb will be addnued by the Mayor u beiq out of order or illappropriate. City Council will appoint a "Serpant At Arm" to prcmde a friendly reminder of eueedinc a rea .. able time limit. 5 . 'l'be Mayor, out of COIIIIDClll court.NJ, will aak after the debate if there are any man q-i:ima or c:ammmta. 6 . 'l'be Mayor will direct Council to vote. G . It ia Council'• rNpODaibility to diaplay c:ommOD c:ourteaies at all times; avoid intemaptiona; avoid Memberali&inr the iuue; and avoid filibuatering. H . Do not IJ)eak without being recognized by the Chair. GePltll Policy Quidtlioea: A Focua on the iuue, not on the Member praman, the ialue. B. Treat each other and each Member c:ominc Wan City Council with reapec:t. C. Liaten and understand before judcinc and making a commitment. D. Take time to negotiate. A. a NYm member baud, tbinp work beat tbroup CODNDa\18 or compromise. E. Reepec:t difl'erencea of opiniona and penpedivw. F. Memberal problema or c:oncerna with indmdual Council llaDbers lboald be diacuaNd directly with that individual and aot aired in a public bum. G. Work toptber' u a team OD~ u tb9y relate to wbat'1 beat fbr the City u a whole. Relolution No. 44, Seriea of 1991 Ammded by Ordinance 39, Series of 1997 I -11 . ' • 0 I • • ,. • ' .. POUCY REGARDING THE RELEASE OF INFORMATION QY COUNCIL MEMBERS. . Cowu:il lbal1 at all tima tallow die Colando ()pm ....... Lawa ad die Colando Open 8-rda Lawa. No Comacil llmDber lbal1 diadme a matter eouidered in ew:utiw _. without tint diac:kwiD1 uid int.mt to all Comacil llemben at lealt 10 da,-prior to die diacloaure. It ia important to bne Council llemben inbmecl al matt.era of policy md lerialatioD prior to die diacloame oftboae matt.era to die public. Such priority will allow Council llemben to adnae their coutitulllta in an iDfonnecl awmer. Information aball be ctiacloaecl to Council in a re,ular coune tbrou,h c:ouncil pacbta. llatt.-9 al policy ad ltcillatiaa aball not be diadoaed to the public prior to Council packet diatribation un1-required by anodlm' Bqlewood Municipal Code proviaiOD or required by another State or Federal law. OrdiDaDce No. 39, S... al 11117 I -12 • . .. • ; , .. . ~ • .. CITY ~OUNCIL DISCRETIONARY FUNDS POLICY. 1. Diacretionary funda in the IWD of $150.00 shall be allocated for each Council Member par quart.er. It is the intentiOll oftbe City Counc:il that thNe funda be Wied in the metropolitan area aurroundinr the City of En,lewood. 'lboae funda not Wied in any calendar quart.er shall not be later Wied by the Council Member but shall be returned to the pneral fund. 2. Diacretionary funda shall not be Wied for out-of..tate apenw unlw approved by City Council. An applicatiOll for uae of Diac:retioaary Funda for an out-or-atate trip may be applied for after the r.ct, but if the City Council diaapproves of the upenditure the Council Member mmt pay back any of the diacretionary funda Wied durinc the trip. 3. Diacretionary funda may be Wied for items clirec:tly related to the reeponaibilitiee of the City Council. ,. Individual memberahipa to an organization (service cluba, etc.) may be paid from diac:retionary funda provided they have a City pmpoee. 5. hpendituree for alcoholic beverape shall only be u part of a meal u oppoeed to separate expenditure. Where it is n-.ry u a part of the eetabliahmmta policy to have separate ticketa for food and beverap purcbuee, compliance shall be utiafled 10 Ion, u noted Oil the receipta by the Council Member. 6. All receil* mut be turned in within 15 daya of date of eapenditure to facilitate ~tiOll with Finance I>eputmmt. Pailun to comply may reeult in am-,a,-t a tbat .....-. 7. Uup of a City-iaued credit card ia ....,._we far diaenltiaa.ary eapwlitww aabjec:t to ......... credit card .......... , ... t ettached llaahdiaD No . 11, S... of 1112 A.a d d by Ordirm 39, S... of 1817 I -13 •. .. • , • -~----~-----------~---- • • CUPU CARD PQUCY SJATQIINT • bldl5l: Guidelines for use of City VISA cards • To emblish guidelines to be folloW9d wbm usiq a City VISA card • All audlorizlld City VISA card holders • bin: I. City VISA cards may oa1y be used by the penoa llllborized ID sip lbe card. The card ii not transferable. 2. City VISA cards are only to be used for official City business. Personal use oflbe card is not allowed. 3. City VISA cards are not to be used to oblaiD cab &om IIIIDmltic: 1eller machines, 4. Improper use oftbe City VISA cards, as described above, is grounds for rcvoc:adon of lbe card by 1be Diredm of Fimncial Services. S. All VISA Slatlmlems widl rec:eipa. cblrp slips IDd accoam aumben IIIIICbed m111t be 1llnlld imD accounting by lbe I Oda of wb IDClllda. Flihn to c:rmply wilb dais requirement will remit in late cbarps ID your accoaat &om VISA wbidl will be c:harpd to your budpt. Chirps for ,eslallnllll mUlt im:lade cm Iba back oflbl naipt a brief dac:ripcioa oftbe 11111119 ofbulinas beinl Clallllpli..,. IDd illmidall pnaat. 6. WJm tbe City VISA card ii mm for travel. capill of-. aad cbarp llipl l.a.d to Iba nvel 111111t be nwninacl to FiDIDl:ial Slnima widl Iba Trawl Aillburmdw 19C'OD1:ilierim 7. ID compliwe wi1b lbe City's plllCbMills polil:ia, ao capilal ilmlu ... to be pard II d widl lbe City VISA card. I. All City VISA clmpl will be rwmacilad by 1111 N.a!l••i 11 dlp.naamt. 9. Upcm c:omp1.aoa ofyc1111 formal millioa widl 1111 City, City VISA Clldl aad all Offl111Ddm1 cbarp slips aad niceipcl .. ID be l'lllnlCI to AclCl.-ffl"I prior ID ycll1I 1aviq. The cards will be IPb1allric:aHy llnlUlllal by Iba Dnc:IIDr ofFiawial s.vica 10. All~ for City VISA cardl llllllt be appnMd by Iba City Maapr' md Iba~ of Financial Services wbo will oblaiD die .... iaad carda. I -14 .. ' .. • 0 1 32xl .. • • . . I•lpeansr e tnwrt;. ?hcSldi .. .,...._ ___________ _ CndltIJaitltaq ..... $, ________ _ .. NI l'IDli ...... IWl_ ....... Cl&JM.....- ~ .....,-,11 ...... • I -15 , __ -;;"' _________________________ _ • • '· TRAVEL POIJCY FOR THE CITY COUNCIL OF ENGLEWOOD. Each Council Member aball jutify participation for all tra-..1 -ta prior to attaicl•nce, and apprond by vote of the Council. Each Council Member aball proYide • IWDIIW'Y upl•iaiag the nature of their partic:ipatiOD and bow it will bemlit or dec:t the City within 30 da:,a after their return from an eYeDt . Council u a group, aball make a comcientioua effort to remain within the deaipatecl budpt. Council aball make a dilipllt effillt to bep upenw to a minimum by purc:buing lowest available air fare, aec:uriq economy hotel accommodationa, and implementing other coet aaviag meuurN whenever pouible. Council shall continually monitor tra-..1 upenditures throughout the year. Council aball publish propoaed travel apenditures in the Englewood Herald paid advertiaing section prior to the upenditure. A Council Member may go to only one (1) out-of-etate conference per year un1- approved by a super-majority vote of five (5) Council Membera. Council aball WM! the rorma required of all City staff for travel. Reaolutian No. 49, Seriea of 1990 WM npealed and amendad to nftec:t the c:banpa in Council Policy made by Reaolutiall No. 10, s.n.. of 1992. Amended by Ordinance 39, Seriea 1997. I -16 .. ./ • , • • .. POLICY CONCERNING THE USE OF OFFICE SUPPLIES AND THE USE OF CITY SECRETARIAL STAFF BY CITY COUNCll. MEMBERS. The City Manapr shall make available to all ~ al tbe City Council, such office auppliea u are ruaonably needed to canJ oat tbe dutiea al City Council Member, Aid office suppli• to include papar, m'flllapa. ccapater and phone line, priDt.s and appropriate IClftware cxapetiNe with tbe Qty.,._., tbe reuaaable uae altbe copy mechine, wl ada--.... •maybe .-ably requind frcmt time to time. otllce eqaipmmt, ..,.. DN, ...... 8Je c:allinea, chain, etc. aba1l not be prarided to Council ........ Tbe Qty Htt pr all haw aftilable filr Council tbe occamaaal uae al afflce .,... ia Qty Rall fbr typinc, meetinp, etc. u needed. City w:retarial naff will not be anilable to Council llalben fbr dictatiao, COmpamtl l.ettaa, or anawerinc mail, amdias daanlt ,-•1 CIT auweriq qum'iel or othel-w:retarial dutiel, ucept upon an CN'll'NNPlal bam. Bach Council Ymlber lha1l be apec:ted to tab care ofbulber own co..-.. P"WIN wit.bout Qty NCnltuial umtuace. The...,. ahall lUbmit copi• of all letters amt -bulber eipature to Council for it'1 inlarmatioo. The City Manapr or llaJQT CIT Council may deeil"•te naff to compme or prepare letten aent cm bebalfaltbe City «-T tbe llayar"1.;,,..ture. The llaJUT llha1l be upect.ed to handle billber own Council conelpl'Mmce . a..aa.-a No. 80, S...al1990 Am :"11 bJ Ordmwe 39, Seriel al 199'7 I -17 . . . '• • • , • · ... • 1 ,. POLICY CONCERNING REQUFSl'S OF CITY MANAGEMENT STAFF BY CITY COUNCIL COUDdl U.... aboald camact the City llamipr, the City llanapr'a omce or ........ w. dlputmmt diredar tbr IDilnutian ........... The reqUNt will be liltad CID the Council information reqllNt mt far tnldEins parpaeea. If receiftd at the ....,.._w level. dinctGn are apec:ted to notify the CitJ ......,_.. omce immediet-ly ao the nquat can pt tndted. 'l'hlre ia a _..ty-two bom "rule• appticable to all reqwta. It ia a ~t rMpC1DFibility to notify the City ......,_.. Ofllce iD writina (e-mail ia acceptable) if the rMpClllN ia to tab..,_ tban aennty-two boma. RztmwiCllla will uo be tracked. All repliea aball be directed to the City llanapr for approval. The City llanapr'a omce will forward the reply to COUDdl bJ way of the Thunday aftenaoClll Council packet or separate mail. OrdiDance No. 39, Series 1997 I -18 . . . .. • . • ·~ • .. \, .. • II -l ' I • ei----------------------- • - .. ENGLEWOOD BOMB BULB CIIAll'Dm PBOV1810N8 DD'INING Cl1'Y COUNCIL POWBIW AND IIBSPONBIIIIUl' ARTICLE I -GENERAL PROVISIONS Sedian 2: Parm of Government -Council/City llaupr farm ARTICLE I -GENERAL PROVISIONS Sedian 8: CoaDcil, CID CIWD iait:iatmt, ma:, lllbmit cbaapa to City Cbartar to elect.ors in -.laace with State CcJutttntion Article XX; or eledon ma:, peUtiaD Coancil far cbaapa to Charts. ARTICLE ll -ELECTIONS Secticm 10: Blemoa1 -Coancil ma:, adopt b:, OrcliDaDce ral8I ad replatiam nprdiq elec:tiou, inclw:liq Stat.e Statute. b:, reference wl aat incmliatmt with Stat.e Camtitutim ad Eqlewood Municipal Charter. ARTICLE ll -ELECTIONS Sectian 11: Council to make appointmentl to Electian Commillicm ARTICLE ll -ELECl'IONS Section 1,: Counc:il may call lpec:ial electiaD aabject to limitltiona al City Charter. ARTICLE m -LEGISLATIVE BODY Sectian 19: Llplatm atrain .... iD City Coancil. ARTICLE m -LEGISLATIVE BODY Sedian 30: CoaDc:il to -.blilb four clilll:rida to be ....... .,.,. four ,-n .. ~tok-,~----al.....-... ---iD .... dilaict.. ARTICLE m -LEGISLATIVE BODY Sedian 21: Saluiel al Coaaci1 llamben aat to be IIICl'IMlll clmin, t.-1111 al aeaben. Sedian 22: T .... al Coancil llemben four ,... wl DO aaember to .... -than two CCIIINCUtne t.-1111. II -2 • t ( .. • • 0 1 32xl • • ARTICLE m -LEGISLATIVE BODY Sectian23: Qualificatiom of Council Members -citisen of U.S., 215 years of ap. regiat.ered eleetor of City for one year immediately precedmg aucb elec:tian, raidenta aad ~ electan of their diatricta, cannot bold a public ofllce or employmmt fbr paid compen.u.tion of another municipality. ARTICLE m -LEGISLATIVE BODY Sectian 24: Council aball elect from their own mmaben, after each a-en1 municipal e1ectian, a -:,or t.o be praidins, votmc o8lcer (without veto powen) aad official bead of City pwlllll8Dt fbr ~ purpoaea, aKUte and authmticat.e lepl dacumenta u necnaary. ARTICLE m -LEGISLATIVE BODY Sectian 215: After each pnenl munieipal elec:tiCJD Council aball elect a Mayor pro t.em t.o ad u Mayor duriq ahaelu:e of Mayor. ARTICLE m -LEGISLATIVE BODY Sectian 26: Oath of Ofllce n,quinld by City oflicers and employem t.o aupport U.S. ComtitutiCJD, State Comtitution, City Charter ud ordiDancn. ARTICLE m -LEGISLATIVE BODY SectiaD 'l'T: Council t.o meet rep1arly at City Ball, at leaat twice each mCJDth, at time ftad 6-time to time by each Coaacil, Bula and procadana of lDN4iDp .._mined by w:b CoaadL CoaDcil may bold apec:ial meatinp with prior puNiebed DOt:ica Pm ...... of Council • qamum. ARTICLE m -LEGISLATIVE BODY SectiaD 28: Vacuciea to be ftlW by m.-;ty ..-of 1WD•iDin1 eo,m,;:a- witllin dlirty.,. ...... YaaDCJ ocean, appaiDta to fill oat rem•inin1 tmma. ARTICLE m -LEGISLATIVE BODY SectiaD 29: llambanbip Balaa -Coanc:i1 .... ba jadp of eladiall and qn•liftcatiCJDa of ita OWll ---. aabject to jadicial Nft9W' ..... -odMnriN pr,widad in Cbartm. II -3 .. • I . (~ • ARTICLE m -LEGISLATIVE BODY Section 30: Council lhall haYe all mumcipal legialative powers u caaferrecl by a-al law, 9-.,t dMa provided by City Charter and..,. tbme wbil:h may be am'CiNd by tbe people tbroucb direct J.,.;•l•tion; lhall have paww ad eatbority, within comtitutianel limitetion•, to deleptie by ardimace to Boude and CM!miNion• eucb ftmdione, pawwe or ..utbuiity caaferrecl upaD tbe City u Council eball dNm propar ad Wlhieable within ite ctiec:ntion. ARTICLE m -LBGISLATIVE BODY SectiaD 31: Cln al Coallcil to be City Ci.tt eppamted by City Manapr. ARTICLE m -LEGISLATIVE BODY SectiaD 32: Council to deel with ~ -.vice IOlely and clinctly tbroqb City Yanapr 811d eball not iDt.-fere iD my way with my afflcer or -ployee UDder the City Yanapr. ARTICLE m -LEGISLATIVE BODY Section 33: Council may require more frequent audits than ennually if it d-it--,y. ARTICLE IV -RECALL Section 34: AD elected offlcer of City may be recalled from office at my time after boJdiDc office a m mmtbe iD tbe -prvYided iD this SectioD 34 oltbe Charts. ARTICLE V -ORDINANCES -USOLtmONS -IIOTIONS SectiaD 36: Council eball M& cmly by ardirm (all laplatiYe medmalt'•), reeolat:kme or aaame. ARTICLE V -OIIDINAMCBS SediaD 3'7 : v--.. Camdl ..-pea aD w H mxe by am. a·" 'fllte al tbe ---.......... CaaDcil; pw reeolutime ad .... by ...... --ol ..;.ity oldie qlllll'Ulll pramL 1fbm pr-* CamdJ ........ Fut ftte CID fl'IW1 ...._, NaOlaCia W' aalima aJw CID bie OWD dcial amdDct ar ft8II bie ,--al• ftnand•J ~ ie ilmllved. Vota to be IWWded ...-t11i1 ;--, olComlCil Pl'a r,wllnp. ARTICLE V -ORDINANCES SediaD 38: Council mut-. by...__ my appnpnatiaa, bwauwiaf al --,, J.wyiq a ta, -.Niehm1 my .,.,. or replatiaD a YiolatMme impoeia, a pmelty, • pledar 9111 bardaa apan or Umitia, .. -al priftCl8 prapllt:J. II -4 .. • I • . " • ARTICLE V -ORDINANCES Section 39: Council lhall introduce flffr'J ordiDaDm iD writtal or printed form with mw:tm, clauae "Be It Ordained By 'nle City Council Of 'nle City Of Enclewood, Colorado•. ARTICLE V -ORDINANCES Section 40: Any Council Member may ill~ a bill &Jr ordiunce at any regular meetm( (or by petitiaa al tbe people aa prcmded in Chart.-), bill to be read iD fall, CoaDcil may Nt and bold a pablic beariq CID certain billa, CCJlllider bill at Cllle additional meetiDf iD ftDa1 amended form. EaaersmcY billa ucept.ecl. Public:atian by nlenDce lball CCllltaiD a --, al tbe aubjec:t matter of ardinanm and a DOtice that copiea al tbe ordinancea an available at tbe aGlce al tbe City Cln. ARTICLE V -ORDINANCES Sec:tioa. 41: Emerpnc:y Ordinances. Council may introduce emerpncy onHnances if abown for the immediate preeervation of public property, health. i--, or ufety; may be puaed OD final by Council CID the fol1owiDc day; lbaJl tab efl'ec:t immediately upClll ftDa1 puap and pabliabed within .... days after ftDa1 pauap. Gnmta, leYyin, tu., incurrinf iDdebteclnea, autborizinr borrowinc moaey or mine rates c:barpd by City owned utility acepted by emerpncy ordinance. ARTICLE V -ORDINANCES Sectim '2: £vary ordinance City CoaDcil adapu to be numbered and ~ wl adapaan wl publication to be mdbmticded by aipatare al lla:,ar wl City Clart and by ce1:i&:ate al publication. Electan' ordinance numbered and _... u -Peoplea· Onlinance. ARTICLE V -ORDINANCES Sectim '8: Coaaci1 lball caw tbe p11 t ardinaDce to be mdia.d with mdiftc:atim to be -•M'i ar &QC I mtad • ......-& ardinanree an puNd. ARTICLE V -ORDINANCES SediaD 4': Coaaci1 may adapt.......,._._ by hlll'al or 9tat.e .,.,_t or by any qwy tmnof, ar by nmpiwd trade or I* f i:m•I arpnizatim• by Hlawww, prwided tbe pubtic:atim al bill or ardinanm adapmac .... lbaD ad""8 dl8i capiae ~ - a'ff.ilable far inapectim at aGlce al City Clark wl penalty ~ iD laid coda, --filrtb iD ftaD wl pubtiebed iD adapmac ordinance. II -5 . . .. • • 0 1 32 x l -- ... ... I 0, • I I I f. I J. I ~ ~ • $ ~ ~ g ~ fl ~ "§ "§ ~§ "§ i Jf}i 'ii 1-fJ·( e YIJtJ e fl'~I e "'-e L 5 r L 5 jtt 5 t ~ f; ,. ~ . ·I! : ~ Jt ~ t e ,r,'I e rft e 11ft 2 . tti 2 "f.f. 2 ~i ij , ~ , "~ 1r1 ~ I ,i ~ 11ti ~ 1.s i ~ ,1~ ~ 1 A 'j ~ l ii l U ii ~1 t ~ ~ 1 tl ~ U 1 t ~ I ~ '~ i gt~ r~ ~ •ttr i 1,r( i IJlt i If~ ! I fr! I li I ii} I ilfl I ti :ti i1 I r l!j fi •It; i 11 11 1 i Jtf; i I~ i . g If If i. : 1· t I t t It f i. f ~ t: t ~ ! ii . } fl i .{ IO • I ' •I , ' . r ,• I .. ' ' ' ~ • • • <. ARTICLE VU -CITY MANAGER Sec:tioD 52: Council lball rwiff umual badpa i*....-1 by City lbD.apr; lball l'IICllffll a complete report Oil flmacea and admiDiat:ratm activitiea atbe City at tbe 11111 atbe t1ac:a1 ,-r, may raqaat tbe City 11-.r to make writ:flm CII' --1 NpCll1a CCIIMmlUIII tbe dun • tbe City aader bia npemaiml; l'IICllffll ~ and l'9C'ffllJ!Mlldatkww from City llaupr • financial caadi1iOD and future_. atbe ruy and cauider CitJ u.....,.. nc:nmllMDdatian• far tdopt;ilm • be _,. deem n-.r,y or apectieat.; mmt ....,,..a by~ to eatablitb, camiotideta, or aboliab whninitM'latift tl,partamta; l'IICllffll NpCll1a from City Manapr Oil YiDlatian, ---and caaditimt with public utility hnchiw far mm adiaD and pncwtinp u _,. be necaaary to ....... tbe -; clireMion• with City llanapr ill bia adTilary capac:itr, impw actiaD tbr deftiopment and maintenance of airparta, ....... and r.cilitie, far air tnnaportatiaD; ,._;be dutiel to City ....... nat incanwi .... t with the Charts. ARTICLE VUI -BOARDS AND COIOIISSIONS Sec:tioD 53: Appoint all Board, and C-miHion• unlw otbenriN required by law or tbia Charter. ARTICLE VUI • BOARDS AND COIOIISSIONS Sec:tioD 54: Appoint tbe nine _.... to Lillnry Boud from citisma-at- larce. ARTICLE VUI • BOARDS AND COIOIISSIONS SediaD 515 : .._.. 6-Lillnr7 llaanl a...._ plm far tbe ........ t and e•intaininc • e ...... lillrerJ .,.... AllTICLB VUI • BOAIID8 AND COIIIIISSIONS SediaDl8: CoaDCil aell a1:allfah by ca If I a City Plamaiac ead 7-m, 0-e· ·a EH . C d by Caadl. ARTICLE VUI • BOAIID8 AND COIIIIISSIONS SediaD 58: Cormcil lball ...... far appl'Oftl a..,._ plm .......... ead tabmiUlld by City ,__, ead 7-ins Ccwei--; a _........... -me ardiDaDce ar i*upoe,cl eemde-t, and nmaiau tbento; NClff9 applicatim• far elMl!dwmt,, modiflc:atim, ar rwriaime • IIIFUDI ...«inen«N "-Planninc and Zamnc end aeb it.a own ---=datime tam-. II -7 • • .. ARTICLE VIlI • BOARDS AND COMMISSIONS Sectioa 59: Council llhall embluh by ardiDaDce a Board of Ad,juatmeDt and Appeala c:ouiatin, o{ -.-lien appoint.eel by Council, which Board llhall amn:iN it.a udbarity ill -,lame with State Statat. acept u atbarwile pn,rided iD dlia Chartier. ARTICLE VIlI • BOARDS AND COMMISSIONS Sectioa 81: Council llhall 8ltabliab by ~ a Water and S.-Board, cmsiet.iq ol Ma,.. ad two Coaacil _... aelectad by Council, m .-11en appamtlld by Council from qualified elec:ton. ARTICLE VIlI • BOARDS AND COMMISSIONS Sectioa 82: Council t.o nam a umual captal apeaditme budpt submitted by tbe Wat.er ad Sewer Board um coaperatian with City Manqer. ARTICLE VIlI · BOARDS AND COMMISSIONS SectiOD 63: Council t.o appnmt litiptian ill the Ullle o{ the City of Eqiewoocl by Wat.er and Sewer Board for pnYeDtion of stream pollution of any and evmy type. ARTICLE IX • LEGAL DEPARTIIENT Sectioa M: Council llhall appaiDt a City Aatam, t.o be tbe lepl .,.._tum of tbe City and t.o adTile City Council ad City O!k:iala iD matten relatmc t.o o6:ial ponn ad dutia; may prwide IUCb Hsietente U CCIIIIDCil maJ deam ~ ad eet1bliab -pc tiaa far City M.tiarmy, bil lllliatanta and apac:ial coUDMI. ARTICLE IX • LBGAL DBPARTIIENT Sed:iaD 86: Council ma, aadlaria die City A&tGn,ay tio N&dl claima apialt tba City and .. appropriatimil dlanlir-. ARTICLE IX • LBGAL DBPARTIDNT Section 88: Council ... ,. diNIS die City Aatam, tao imatatll • .,._ ay amt, actiGD • pnmadias cm blbalf al die Qty or ay al ita qenciH. ARTICLE IX • LBGAL DBPARTIDNT SectiaD 87: Council may, cm ita -aa1ima, or apcm Nqalet ol City A&tma,ay, ill apecial .... ....,. .,._ _... tlo -..... die ctindim altbl City~- II -8 .. • 0 1 a2xl • • . , . • (. ARTICLE IX -LEGAL DEPARTMENT Sec:tian 68: Council shall proride for m11Dicipal judp election and detename tbe N1uy of lUCb judp. If a vacancy occun, Cowu:il will appoint a sw:ceuor to tlll Wltil aftar tbe llUt pneral municipal electioo. Coancil -Y appaillt oae • -aaociate judges to pnaide u determiDecl by pnaidiq llaDicipal Judge. ARTICLE IX -LEGAL DEPARTMENT Section 70: Coancil shall praricle Judp with tbe n-.ary courtroom facilities, IRlppliea, and darical aaiatance upon recommendatiOD oftbeJudp. ARTICLE IX-LEGAL DEPARTMENT SectiOD 77: Council -y combine, C'ClNOtitdata, er merp the City with any other cantipoua mUDicipetity • manicipalities upon such terms and c:ouditiom u it sb.all deem -,y and expedient, subject t.o ratification by the elect.an at a apeci.al election in accordance with tbe proviaiona of Sec:tian 14 of tbia Chart.er. ARTICLE IX -LEGAL DEPARTMENT Section 78: CoUDcil -Y levy suc:h tasa and aciNI u -Y be n-..ry t.o obtain revenue for tbe operuiaD oftbe City, subject t.o tbe right of referendum u tbia Chart.er prc,ridea. ARTICLE IX -LEGAL DEPARTMENT Sedioo 79: Council, by ordiDance, -1 •• mto ccmtrada with otba- pwnmental bodies t.o fanliab or receive penmumtal Nnic:ea and to make or pay cbarpl filr -=b NmCN and ctar into cooperative or otba-joint admti8I with other ~ bodiea. ARTICLE IX -LEGAL DEPARTMBNT Sectian 80: Coaacil. Oil bebaJf of tbe City, may receift beqaelta, pfta ad dmetim1 of all kinda of pnpartJ in Cee limple, CII' in Q'Ut, a public, c:baritable .. other parpalll and do all tbiap and ada .....-ry to carry out tbe parpalll of-=b lib, .... ad dmadcma with poww to........, .0, INN• atbswiN cliapoN of tbe --in~ with tbe--oftbe lift, beqaalt. CII' 1nlt. ARTICLE X -FINANCB ADIIINISTRATION Section 82: Cowu:il to NCllift fna City y...,_ aaaual • c:unmt apmN budpt and a capital badp& aat laar drm Sepwnbw 15 of w:b year. II -9 • I •. ,; • 0 '32 x l • • - <. ARTICLE X -FINANCE ADMINISTRATION Sec:tioD. 87: Council shall bold a public beuiDg aa bwlpt witbiD three weeka after its aubmiuioo. ARTICLE X -FINANCE ADMINISTllATION Sec:tioD. 88: Council may iDwt -itmu al upmditme or may iJU:raN. cl-. or milm out itmla al npeactiture, eu:ept appropriate fer debt eervice, after caaduian al public bearinc and shall decraae or mer-. tbe tu levy • appnpriatll. ARTICLE X -FINANCE ADMINISTllATION Sect.iaD 89: Couni:il shall meet and pua a tu levy ordiDaDce u it cleema proper and wiae. If Council faila to do IO, the rate lut mad shall be tbe rate for the euaiq 8-1 ,-r. ARTICLE X -FINANCE ADMINISTllATION Sec:tioD. 90: Council shall adopt a bill fer Budpt and a bill for the Appropriatiall OrdiD.ace oat ... than thirty days prior to tbe fint day a{ the nut 8-1 year. ARTICLE X -FINANCE ADMINISTllATION Sect.iaD 9'l: Council may by reaolutiaa, at requat al City Yuapr, tnmflr any .,_.,__. appropriatiaa balance or portion dlm'8al 6- -clepanmmt. dee er ac-Y, to another. All'l'ICLB X -FINANCE ADIIINISTBATION Sect.iaD 91: Council..,. ::di ia a; ···-a{funda iD -al ..... by a Ii _. 1 I tia dllly ...._. by a 213 wt. al--=il in -at : ~cawdbyactalGodorpablic..ay,llc. Council .:..0 t:nal6r' -=b aftilable ~ fnma flmd ID ... _. ..... S aylaa .............. at ...... alwa1 I ID prc,wide far -a; FIS w llllt ID ...... -=b _. w - be raiaal by • two llill '"7 -....... ftlaatiaD oltaallle prapaty wila .. at,. All'l'ICLB X -FINANCB ADIIINJS'l'llATON Sect.iaD k: Council may dinc:t my --.......... Ill' padilm dla'9llf r-meininl ....... ..,.. ad m web ired at tbe c:1me oltbe badawt JWI' ID tbe a-.r PIIDll Ill' ID a Special PuDd. ARTICLE X -FINANCE ADIIINISTBATION Sect.iaD 96: Cormc:il shall recein .._.mc1,t:i-lrca City llaaapr CDDC111U111 a prarram at pcopoeed capital prajecta far die -..... 8-1 JWI' 1111d fer fin 8-1 ,_.. ~ 1111d ...... al ftaaDciq ... ,. II -10 • I • • ·, • <. ARTICLE X • FINANCE ADIIINISTRATION SediaD 96: Coancil ma:, lff:, umually a tu al DOt aare dwl two mil1a - the replar ----~ .. the ftluatiaD with the Cit:, tbr Cit:, a:pmw to be lmowD • Pablic Impau, 1Dt had. Said fanda to be bald iD special ~ UDtil iDftltad -adaiwl b:, c-ncn, .... Caaac:il lball haw po;;w' 1D 1nmllr 1D Palllic lapiou mt Pad my pmtim al a-'111 Pad Rlpal aat ......,... appl'OllriDld. Caaac:il may 1nmllr ~ Plllllii: Lapiu, mt PUDll _.. far pa,-t al o atptpD'ffnc ,_..i ....... .,__. inw..1-althe Cit:,. AJl'nCLE X • FINANCE ADIIINISTRATION SediaD 96: Cit:, Coam:il, b:, rwla1:iaD, lball ._.... the cllpoa er ia,eatmant al fimda ccmiq iDtD Tnwwa'a baada, aabjec:t 1D n.qui.wta al law aa tD RNt:, aad paJllllllt aliDtlnlt Oil depoaita er iD'Natmellta; Nellffll, tbroap Cit:, lilamapr, lllCllltbly repor1a al all accoaata or fmlcla, iDcladia, tnat and cutodial funds, abawiq receipts and diabanementa and rem•ininr budpt allomaenta lllf&ciently itllmiad iD d8tail 1D shaw euct fiDuc:ill caadit:ian or the CitJ and maa IUCb npurt aftilable ror public iupec:ticm. ARTICLE X • FINANCE ADMINISTRATION SediaD lO'l: Caaac:il ID&J CN&te b:, ordiDance ldditional funda bowll .. Special Panda. AJl'nCLE X • FINANCE ADIIINISTRATION SediaD UM: 0-0 bM po;;w' to i-. ,_..i oNiptim bmdl altbe Cit:, tbr mypalilic c:apal parpae .. ...., .... altbe ....... ...._.altbea&,,..,...tar..._ t rimmd.,... iaapu, • ...., .......... 1,:,-.al....,_wl...._.. SediaD 1118: Coacil aaJ ti ba bJ W SJ X, willlRt -...... ;.a.. flnilwliar ..... Ir tbe parpaa fl,... wt C :lfnr bmdl tithe Cit:,. II -11 .. • , • .;------------------~--,, • - ARTICLE X -FINANCE ADIIINISTBATION Sec:t:im 107: Council may oner City to eamtruct or iDmll apecia1 er local impru,wta witbiD dNipdld diatricta iD tbe City (or paUtim of a ~ of i:nperty awmn iD dNipdld diatrict) IUbjec:t to prat.at by tbe OffW9 oltbe frcmap or -to be •1111111.. Cormi:il lball pruride by ardiaance ript to .... and notice olpablic arm, but Comac:il'1 lball haft fmal dec:ilim. Comu:il abaJl by ardiaance pnecribe tbe melhod and -at makiDc lach impro,wwwta, ol •• inc tbe coat dmeaf, and iaainr and paJiDr baDda ror -ca and apmw o1 ~ er owtePinr -=b iJlaproftmmta. ARTICLE X -FINANCE ADIIINISTBATION Sectian 109: City Council to detamine llllJ -t not reqaind to be maintained iD tbe Special Fund tnufwred to tbe o-aI Fund or to llllJ atber-fund iD tbe City. ARTICLE X -FINANCE ADIIINISTBATION Sec:t:im 110: City Cormi:il aball cletenniDe bal due date iD prcmaiGm for callinr baDda at cleeip•ted periocla prior to aacb bal due date. ARTICLE X -FINANCE ADIIINISTBATION Sectian 113: Coaaci1 may by ardiaance pnecribe a-'111 aceptim1 to aealecl CCRDpeatiff bidclinr before parchuinr affillllr maba -y purcbw ol euppliee. materiala er equipawt iD...,... of $10,000. Cormi:il eball not ~ llllJ indmdaal cantnct, pmcbue er ale frcma tbe ~tat CDlllpatitiaD biddill(. Council muat .....-ftliediim o1 .... bid if not eccaptal AmCLE X -FINANCE ADIIINISTBATION Sectian 116: Coaacil -0 baft tblal ......... attbe ..... and Ilea bid iD -o{•,•araDllideaaltbe ........ lfCoaacil ..... DO ......... , llide ......... 11r-. --...... apecliat 1D Coaci1, catrM:ta far ,.._ wmb ar iapiu, la may be ........ AmCLI X -FINANCE ADlmfJB'l'llATION Sectian 118: Coaaci1 may waift aD ......... far oaapedtift biddilll iD cw ol IWf dediDrtbe putic pnpaty,......,,... or -.&J and dinct parc:bMiq am.. 1D parcbMe.........,. ....... ill tbe apm mmbt at not ....... caaa.cial ...... II -12 . . ' ' .. • ~ 1-4 1-4 I .... w • J I I J. I I I , I ' I i ij ~ ij ij I JI[~ J[ ~ IIJ![ I II[ i '1ttll I llf1( I lltlill(: It I tJ I r It a } t a I: I I i a · l ~ t ~ · t ~, . ; t j; ,! I 1: I lrJJ ~ gJ ~ jlt,t ~ (··1 ~ ~~1 II.!~ i' ~, ·t~! I ti i '!ii i i''t a 'ii~~, , I ~r I · lt_ :t · _r, , . I lhn I ~; · sf, i · 1:1 l ti i stt rt a ff J f j f t f jf f I f h f ')~ . J t i• f 11! I 1.' ij(gl tl ,, ~1, ~ 1~ t ~, ~if t r r ,· I ... ' ' ... ' 7 " • -~-------------------,--- • • ARTICLE XIV -FRANClUSES AND PUBUC UTILlTIES Sedian 130: Council shall establish francbiae fee by ordinaDce. ARTICLE XIV -FRANClUSES AND PUBUC UTILITIES Sedian 1.31: CaaDcil may require by ~ ad by fair apportiomDeDt al tbe caat, mb,;IICt to utiitnd:ian, my railroad or OChar tnmportman .,._ to elevat.11 or 1-aay al ita ript-al-way or 1ncb nmaiac -. or Ullder, aJaar, • --a.y public tbaroaabfan. ad to -.auct and lllllilltaia an ..... c:rouiDp, bridpa, 'fiadada al odlm-----. iD pod cmditiaD, with proper apptw:bea ad ~ cleoricN. ARTICLE XIV -FRANCHISES AND PUBUC UTILITIES Sedian 132: Comac:il may, by ~. put a licame, nmic:able for CIIUN, to lay aide tracka and awitl:ma, alaac or acrou any public tboroupfare, when the appticetim tbenfar ia accompanied by tbe a.mt iD writiDc of tbe -altwo-tbirda altbe frontage Oil each side altbe public tboroapfare er part thereof. ARTICLE XIV -FRANCHISES AND PUBUC UTILITIES Sedian 1.33: CaaDcil may armt permit. far the~ -or occupation of any ltreet, alley, or public plam, IRICb permit. revocable by CaaDcil whether or not tbe ript ia ~ ~ iD the permit. ARTICLE XIV -FRANCIUSES AND PUBUC UTILITIES Sedian 13': CaaDcil by ardiDaace may..._. tbe -or iDdade....., .u.,.. public Ill-ad praperty DGt ....... iD mch fnacbiae .... public ----ad awcwity reqaira, mb,;IICt to all al the --ad c...titimu al -=la ariciUl fnadliN ad CII I& erre with the-.. tlm9af, widloat a 911118 al the NCMWal ...... ARTICLE XIV -FRANCHISES AND PUBUC U'l1LlTIBS Sedian 1.38: CaaDcil mut sift~ by C11'11iDmm to NPipamt or.._.. al a fnDdliN ad may -tbe rip£ to dmy any eeeip-t al fnacbiN. ARTICLE XV -ENGLEWOOD EIIPLOYD ULATIONS AND CABm SBIIVICB smmll ACT-1981 SediaD 137:6 (b): City CaaDcil will appaiat -...... to ccmchact bNriap Oil UllpMN nmlatiaa. II -l4 .. • . " • AilTICLE XV -ENGLEWOOD BIO'LOYD BBLATIONS AND CABDll SDVICB SY9TBII Acr -1981 SediaD 137:8: Coancil lball adapt apprapriatll Ontin-to 6daata the policia al Art:ida xv al the Clmtar. AilTICLB XV -BNGLBWOOD B11PLOYBB BBLATIONS AND CABDll SBRVICB S1'8'l'BII Acr -1981 SediaD 138:1: All'l'ICLB XV -ENGLEWOOD BIIPLOYBB DLA'DONS AND CABm SDVICI: S1'8'l'BII Acr -1981 SediaD 138:3: Qty Coaici1 lball appaillt ...... c6a'8 wbo ...... baft •-.,,...._ llllility ill labar ad...-,.. r I *'-1D bald .......... City c-cil...................... - ....... rtm f ....... Jaowclw:w with napec& 1D appeala. Cormcil ...... allo --..... _ ........ ...... wl ........ with ............. reWecl .... ..... ......... II -15 • i , • • .. II -16 ' ' .. • i , • • • TITLE 1 -ADIIINISTBAflVE 1-5-1 ComlCil Dimicta TITLE 1 -ADIIINISTBATIVE 1-5-2 ComlCil lleetinp: 1-5-U 1-5-2-7 1-5-W ....... -City llaD &rat aad dlird ._..,. al each mmadl at 7:30 p.m. Special -Called bf Ila,-wbm pablic ...__ -7 require it m bf....-writtm reqaat al my 3 _.... al CCIIIIDCil Noded bf Sam-er wriu.a naace 6-11.aJar er City llanapr aened CID each .--. Oaly ba.-ii parpa8 ...aDC ia call aDd ao stated in Notice. A(enda CCIIIIDCil Jlamben to ~ wriu.a -,-da CID 'l'lmnday pNCldiac Dat Coaacil meetiac- 5 hen c-tit 11• a .-,am at -7 Nplar er apec:ial ....... If DD .-,am ..-i, prelidiac officer, at the ..._ al uay 3 _... ax-t, cmnpel the u dence al.a.mt__._ Preaidmc om.., Ila,-, wbo ia .... bf ---al CCIIIIDCil at 6nt ...aac foDowiq each pnenl llmaicipal electiaG. ~ ............ ..._ .. .-y ....... ccmmc ...... Coaacil, -----al CCIIIDdl -all aabjeda; clecidll all ......... al ...... mlljeet to ...... al ec-dl, \1111111 Clll all !IDl:s#%9 Clalt); lip all ..,_ ...... bf Carmc:il ...... ..-. Ila,-Pro,._ tD ......... bf CCIIIDdl .... Ila,-ia ... alll-0 act ill Ila,-', ...... . TITLE 1 -ADIIINIBftAflVE City.,...._, City Alalanley, City Cltn, er rhair-, nqairN tD ..._.. all Coancil ··=·•· TlTLE 1 -ADIIINIBftATIVE Coaacil m 11Cfnp .,_ tD pablic. Caaal tD ...__ bf raahdim tm ndaa al..._ ad ........ ..--. 1111 • • rti:np Call tD Ordar, Boll Call, 8-lirlc "'lfirurta, ~ TlTLE 1 -ADIIINIBftATIVE II -17 • • • ·, • C • TITLE 1 • ADIIINISTRATIVE 1-5-3 StaadiDg CommittM aball be the CcmmiUee al the Whole. TITLE 1 • ADIIINISTRATIVE l..S-. .....,_. may reciater ....,.._.._ 1~7 TITLE 1 • ADIIINISTRATIVE TITLE 1 • ADIIINISTRATIVE ADJ Coancil Member may Mk City Attorney fir written opiniaD relatm to any Manicipal matter. TITLE 1 • ADIIINISTRATIVE TITLE 2 • BOARDS AND COIIIIISSIONS 2-1-1 Election C<sa11nipioa • AppoiaDIHP!te al qualified elector~ made by Council in January of ,-r in which appaintmmta espire. TITLE 2 · BOARDS AND COIIIIISSIONS 2-2-1 Library Board • 9 memben appointad by City Cowu:il from ~ and fill YaCUlciea u needed. TITLE 2 • BOABDS AND COIIIIISSIONS 2-2-3 Beceiff maatm' plan fir .......-,t aDd m•intwe•-al• madam lillnl7 .,._. ..,...,.. Board', fadli&iel ...-. praperty al LibnrT, amaida' raa and npletiau _......, bJ Lilnl7 Board; IDlllidlr .... rib City ...... NN!IDwmdeticee,,, Lilnl7 Boud ...... ,,, _ -itJ .. ...... pablic policiea nlatiac 11D ..... ,,, Ulinry. TITLE 2 • BOABDS AND COIIIIISSIONS 2-U 8-aiff IIUl1W repirt from Boud drm City Nm•pr 5MWias cm.,__ al trmt, --npenclecl. pmpma al ape Htune, *- TITLE 2 • BOABDS AND COIIIIISSIONS 2+1 w .. aDd S-.-Boerd -lie,-• two .-bsn a{Coancil cm Boud (aelac:ted by Coamil), ... • .... eppainted bJ Coancil "'-cpe•lffled elacton. II -18 • . .. .. • 0 1 J2xl • ---------------~--------..--~ . , . ·, • TITLE 2 • BOARDS AND COMMISSIONS 2-4-1 Pub and BecreatioD Ccnmiwioa Dine penoaa to be appoint.eel by City Council u set out iD 2-4-1. 2-6-1 TITLE 2 • BOARDS AND COMMISSIONS p_.. and Datiea al s.zd to be~ to City Coancil CID all lllaUen pertaiDill( to nic:reatim; make -.ad __ _...eticne to City Council iD pnmdinr recreaiiCID; appron cammitteee c:nued by Board; recem ......,......,d•tioa• frcmt Bomd CID ammaJ badpt, if wry. TITLE 2 -BOARDS AND COMMISSIONS Plarmiq and 7.GDiac CcnmiwiCID c:aaaiatmc af Dine membere eppom.ted by Council. TITLE 2 -BOARDS AND COMMISSIONS 2-8-1 Keep America Beautiful CcnmiNioa coneietiDg al fifteen perecme appoiDtecl by Cowu:il. TITLE 2 -BOARDS AND COMMISSIONS AdYiN City Coancil CID all m-a:ten pertaiDill( to Keep Ammica Beautiful; mab recommmMlaaaae to Council iD pnmdiDc aemc:ee. TITLE 2 -BOARDS AND COMMISSIONS 2-9-3 Council to appaiat -.-ben to -1y c:nued Caltunl Ana C-miwiGD !nm ~ puticip8llte iD vuioae apecta al the uta amamlmity ud NCllift raparta, at leMt umually, al_...., al admtiee ..... prop"ea repmt. 1Tn.E 3 -IIUNICIPAL OfflCBBS AND EIIPLOYBBS 3-1-3 Caner Senice s,---Undaeifted Samcie-Coancil 111111 . w+; Coaacil bu fmal .W.-inetim •to......_ poaitioaa -m,we11 __. tlle C.-, Senice 8,-.; ---with....,.. leieti-e Dinctlar .... City llaDapr wt unalriJ'Jecl IDllll1W Jabann --, andaeifted 1Tn.E 3 -IIUNICIPAL OfflCBBS AND DIPLOYBBS 3-1-' City Council ebaD adapt ud --tlle Caner a.nice s,--nala and ·-demtw tbawlD ......... ---in.I by City~ ........ by ~ eatltbfisb ..... & oeaatidmce OI' ebotiab-t al adaiailtntift deiputnaaa&e. 1Tn.E 3 -IIUNICIPAL OfflCBBS AND EIIPLOYBBS 3-1-7 CoaaaJ c:ouidencl emploJw far ,.. .... al calJactm bupininc. II -19 •. .. • • • • TITLE 3 • MUNICIPAL OfflCEBS AND BIIPLOYBIS 3-1.B-l Cormcil paticy c111tarmiDe leww of appropriaticma fir =-11 tirr T1TLB 3 • IIUNICIPAL OfflCEBS AND BIIPLOflmS T1TLB 3 • IIUNICIPAL Off[CBIS AND BIIPLOYDS 3-1.B-14 T1TLB 3 -IIUNJCIPAL Off[CBIS AND BIIPLOYBIS ComlCil an .... ..__ atBamac a..• aait ......... filrwud ..... at, .... ietaatiuu with .......... ~adial iDa1:ract:iou. T1TLB 3 -IIUNICIPAL Ol'PICEBS AND IDIPLOYBIS 3-lN-9-C City Coaacil mall appaiDt • pmel of qaaliW a-nae .... to bear dieciptinerr ...-. aad ~ appeall 1111Mr die Career Semce s,... ,.....t to Article 138:3(a) of City Cbalts. T1TLB 3 -MUNICIPAL Ol'PICBBS AND BIIPLOYBBS 34-2-2-C CitJ Cormcil appaima TraltiN • N.-.d Pldacia7 • tba __._,,+ and we prnmt of Pia ..... (l'lltirmlmt 6-1). 'ITl'LB 3 • IIUNICIPAL Off[CBIS AND DIPLOYBBS 34-3-2 ·A at, Cowil ea, by a Ft N __...,., opliaal ,.._. W' ....._. 1111 R Cf plan ... B-,& ftarJ :,W. 34-3-3-D a. Ceacil pacti1211b C wr &t lCIIA Pia_.. 4li1 alllB 0.-ad em p::rial. r rlna7• CC Cf! ICIIA~Pw I ..... 4-1.1 at,c-dl•..,....mt c <r a bJri• r u -·-· a er ............. ., , ......... 'lTl'I.S 4 • lflJNlaPAL fllfAlfCII AND TaAflON a.c....an11a1 ... tr ..... ct bwQlrH rr•r-I -IWllllfl•Cflian,, IQ '5 rt ....... ¢f .,., 9 W. ad .... apa .... _.._....._...urtt t' _...._acwivlnc...... r lllltc ..,. • _.... ;o, r II -20 • • • • TITLE 3 -IIUNICIPAL omCEBS AND EMPLOYEES 3-lB-l Coancil policy ----.... al appraprimmaa far cmapemuiClll. 3-lB-2 3-lB-14 3-lN-8 TITLE 3 · IIUNICIPAL OFP'ICEBS AND EMPLOYEBS Coancil may .... h m • dait -..... tt:il· • pla ad pay rat.- TITLE 3 • IIUNICIPAL OfflCEBS AND DIPLOYEES Coancil lball ~ ---al a.um, omo.r -mait appeals md award deciaiaD City~ witb .........--edial iutractiou. TITLE 3 • IIUNICIPAL omCEBS AND EIIPLOYEES 3-lN-9-C City Coaacil lball appaiDt. puel al quali8ed marine afflmn to bear diaciptinvy appeall wl -it appeall under tbe CUW' Semce S:,atma punaat to Article 138:3(a) of City Charier. TITLE 3 · IIUNICIPAL omCEBS AND EMPLOYEES 3+2-2-C City Coancil appaiDta Truat.ee • Named Fidudary for tbe iD...tment md maaapment al Plan ..eta (retirement fund). TITLE 3 • MUNICIPAL omCERS AND EMPLOYEES 3-6-3-2 • A City Coancil may by ordinance eatablilh optional penaion ar deferred compematiaa plau far 8-pt Bmpla,eN. TITLE 3 -IIUNICIPAL omens AND EIIPLOYEES 3-6-3-2-D City Coaacil prerioulJ deeipatwd ICIIA Pim 1mllar 4157 of IB8 Code wl .....,.W. eapwriaarJ or camldmtial ICIIA 11--, Parcbw Plan. TlTLB 4 -IIUNICIPAL FINANCES AND TAXATION 4-1-1 City Coaacil to appro99 wl deeipatie by NNmlMD cme • .............. baa far clapaait of mamcipal ftmda . 4-1-3-1 T1TLE 4 • IIUNICIPAL FINANCES AND TAXATION City CaaDCi1 lball u.. adbarity to ...... Ci&J .......... pa ._ com-Utia, equipmet, drrica, macbPM17, aaariall ad,_.. apcm apaa marbt CII' drmacla M9Dt'eti-e .... witbaa& msai•ilc...... ' .... bida iD cataiD wituuiaa•. II -20 .. ~------------------------.,---------------------------- . " • TITLE 4 -MUNICIPAL FINANCES AND TAXATION 4-2-3 City Comu:il aball perioclic:ally eatabliah eligibility limita for property OWDen Oil UHJ-t deferral. 4-3-9-A TITLE 4-MUNICIPAL FINANCES AND TAXATION Comu:il aball appro99 apprapriatiaaa !'9CIDJllended by Pub md BecreaaOD ComniNion. Trut Pmul for udui'ft uae of Pub and Rec:remou; Coaacil may aJao tenaiDate Pub ad llecnman Trut Fund with rwneinin1 ftmda to be med aduamtly by Pub ad BecreatiaD Dllputmea.t. TlTLE 4 -MUNICIPAL FINANCES AND TAXATION Coaacil aball appropriate su11icimt f1mda from a-al Fund u may be 11-,y to reimbane Deficiency Pmul ad Special Sarplua f'rom Gmmal Fund. TITLE 4 -MUNICIPAL FINANCES AND TAXATION City Council to appoint ODe of ita IIUIIDbera to Malley Cmta-Trmt Fmld, one Truatee to be appointed by Comu:il from Bn(lewood Pub md Bec:reatiOD ComffliNiOD, md three Trusteea appoint«i by Coancil from rec:o11UDendatioll.l of Para ad Recreation Comm . TITLE 4 -MUNICIPAL FINANCES AND TAXATION Council aball make periodic appropriatiom f'rom 1'9NMDmeadatiom by Malley Center Trut Fund fir udui'ff WIii and beae8t at Blaie llaDey CentaDnial Center. Comu:il may terminat.e Trut fund with balance of fUDdri pull udui'ffly to Blaie llaDey Centemlial Center. TITLE 4 -MUNICIPAL FINANCES AND TAXATION Council dec:1.-parpoae of my of tum impmal. by Title " Chapter " ia far raieinc fanda far paymmt at ..... opentiq ....... at tbe City md far capital imprcmmaeata. TlTLE 4 -MUNICIPAL FINANCES AND TAXATION 4-7-1 ~ iDteat at Comu:il tbat afta' dat. at waate tnnar facility in tba City, ..,_, ,._ wbo caUec:ta fee at ..... tnadrr facility will caUad lm'Cbup impmal. by Title 4, Cbaptar 7, at DIC. TlTLE 5 -BUSINESS AND IJCBNSE REGULATIONS ~1-5 City Comu:il IJball ~ md Nt by-,latiam all r.. NqQind aadar Title 5, DIC. II -21 .. • . , I • • • (. TITLE 5 • BUSINESS AND LICENSE REGULATIONS 5-1-12 Any ~ agri8"ld by a deciaion of the Licenaing Ot6cer ab.all haft the ript to aflPNI to tbe City Council by filing a written appeal. FiDdiDp « City Council aball be final and conduive and written notice aball be PftD tbe appellant. TITLE 5 • BUSINESS AND LICENSE REGULATIONS 5-28-10..C Appeal from liceme IUBp8D1iC1111, nmic:atiCIIII or dmial may be appealed by uy ...... party to City Cormcil by flliq written notice « appeal to be pl-.1 on qenda and beard • a public bearing. Appeal from Council'• dec:iaicm muat p to Diamd Court. 5-3A-3 TlTLE 5 • BUSINESS AND LICENSE REGULATIONS City Cormcil aball appaillt 5 qualifted electon to Licenainc Aut.barity. Any member may tbm be ~ from Authority by 5 concurrinc votea from co-cil. TlTLE 5 • BUSINESS AND LICENSE REGULATIONS 5-38-1 City Council detanDinN that aellinc of retail fermented malt beverap, etc. to be tued a ~le tu. TITLE 5 · BUSINESS AND LICENSE REGULATIONS 5-5-1 City Cormcil cleclarea that licenainc and replatiCIIII « maaap therapy within ita juriacw:tion are matten « local and municipal coacerD, and Coancil det.erminea eaactmmt « mwap therapy Cll'dinance -.ry to proGICt tbe 1-lth, mety and ........ «tbe people «tbe City. TlTLE 5 • BUSINESS AND LICENSE REGULATIONS 5-5-7 Apprapriat.e bNrin, may be c:aUed by Cormcil to mfarce aad impl-tent prcmaiaaa « tbia Code. TlTLE 5 -BUSINESS AND LICENSE REGULA.ffONS ~ ........... adult -... Ni ........... dmial «apprc,wu maat be ........ to City c-il. TlTLE 5 -BUSINESS AND LICENSE REGULA.ffONS 5-7-10 City Cormcil ab.all clMamine and aet licmae aad .-aftcetice « nptratiaD fea Ir Claptar 7, Title 5, by l'NOlatiaD. TlTLE 6 -HEALTH AND SANITATION ~1-12-F City Cormcil IUD be adYiNd by City llanapr ar claipN amma117 • to c:arrmt air quality wt pnpw in tbe iDmlm7 in ....... « c:iNw' burniDC IOlid ful dewaa, to --in dataminiac ........ cartaiD IDlid ,... burniDC dffaa aboald be pel'IBit:lled in --*1ad:iCIIII. II -22 .. • I • • ·, • .. TITLE 7 -PUBLIC SAFETY 7-7-3 City Council may enter into mutual aid and automatic aid acr-ent.a with other citiea, towm, fire prc,tection diatricta, corporatiom, or iDmrporatecl areaa . S-2F-2 G 9-l-2A TITLE 8 • ENGLEWOOD BUILDING AND SAFETY CODE City CouDcil aball enact an cmma-u1 ·n1 whale amount of statement plua lC)'I, if not paid within 30 da,a 6-mailinr dat.e under Uniform Code for Ahatiement of 0.....-Baildinp. TITLE 9 • HOUSING REGULATIONS Council~ purpcae of'ntle 9 ia to prata:t ufll&y of people and pr-* tbe .-era1 welfue by lesial•aaa; that Plbatanderd dwellinp require establiabment and llllfal"-t of minimum baaainc standarcla . TITLE 10 • LAND SUBDIVISIONS 10-2-7 CommiRi-'a approYal of final plat to be~ to City Council for ita action theram; if appealed • City Council lbaD acbedule a public bearing at nezt regular meeting. TITLE 10 • LAND SUBDIVISIONS 10-3-9 Council llhall determine application f'eea far •pplicaticm of minor subdiviaicm final plat. TITLE 11 • PUBLIC WAYS AND PROPERTY 11-2-1 City CouDcil _.. local iapio, mt cliaaida, llidm' cm Oiill initiati.-or upcm peaticm ..... by a -.imY of landow... witbin jNupcwl diatrict, iD accordance with proviaiana of Article X, Seetilm 107, City Charts. TITLE 11 • PUBLIC WAYS AND PROPERTY 11-2-2 City Cormcil 11D eatebiMb ---na. by ardinaw cm bmda and aH W4DU ilr local mpiOi mt diltrida. (Stata ...... cmatrola c:rNQGII of special local iuqaow mt cmtrida.) Notbinr in Code aball be ccmaaued 11D prohibit City Cormcil Irma aa'Ciainr ita autbaritJ 11D _.. ...... imjNOWIIIIWDt diatricta ...... iuqaOi :mt aN to be ...... a Jlanic:ipal purpma and ia.pco, mm 11D be pal llr by ad-.---tu. OdNr ,_.... imjNOi~ cmtrida in 9*afmol7 cit:iaa jNCIC9dan eatehff+ d by 8tata atatuta. TITLE 11 • PUBLIC WAYS AND PBOPBll'l'Y 11-2-3 Local ~ aatbariad by CitJ Coancil may be of-, ll8&m'9 which Nnea a 111111icipal parpaea and wbicb caafan a apecial bma8t apaD rNl proparty witbia cmtrict. II -23 ' .. • 0 1 32xl • . .--------------------- • • TITLE 11 • PUBUC WAYS AND PROPERTY 11-2-4 City Council shall comider each petitim filed for creaticm of a special improvement district. Upon fawrable CGDsidetaticm of petition, or on Council's own initiative, Council sball adapt a reaolution of intenticm to create a local improvanent diatrict, IIUilll a tum and date for public bearill( tb-. TITLE 11 • PUBUC WAYS AND PROPERTY 11-2-6 City Council may, by~ arda-cnatian of special im~ diatrict and may, by reaolation, proride far DOtice to coatncton to submit bida for c:aaatraction and, by ~ prvride mr iaauance and pa:,mmt of bonda. TITLE 11 • PUBUC WAYS AND PROPERTY 11-2-7 Council to decide 111wement of~. then coasid• a bill for an orctiDaDce levyiDf --ta 1lpall the real property in tbe cmtrict, and by rNOluticm, set a time and plKe fbr pahlic MUiDc thereon. By ordinaDce Council leviea --ti OD real property in the district pnmmDC collectioD and enforcement of aucb -enta. TITLE 11 • PUBUC WAYS AND PROPERTY 11-2-a City Council shall receive any proteat or objec:tian to creaticm of apec:ial diatrict and shall cWmd any IUit filed ill a court of compet.ent juriadiction to aet uide determiDatian by Council. TITLE 11 • PUBUC WAYS AND PROPERTY 11~ City Coancil aball naaift all reqaaata far~ into tbe pab1i,: ript-Gf-way Dot odwwiN idetifted iD Code. 11-38-1 11-38-4 11-38-8 TITLE 11 • PUBUC WAYS AND PBOPBRTY City Council may,• ita own...., ... ,..... of lidawalb, c:urba or pt:t;en to be npaind if aach :alllndila • NPID'8 -Dot ... by awmr within 30 da,a afta ..,,_of ....... TITLE 11 • PUBUC WAYS AND PBOPBRTY Upan City Council approq1 priar tD eada pniied. ..._.. aiijMm& to any -.. ar roadway caap1iaia, a put of die._ llipway .,-~ be camtncted of ...... otba-dum,.... ~ TITLE 11 • PUBUC WAYS AND PBOPBRTY City Coancil may, OD itl OWll moeim, ardllr .... W-can tim md Nd,ack --.lk iD rwidential diamcc 0-dum lr> to be_..... .. repaired . II -24 • .. • 0 1 a2 x l • • ·~ • TITLE 11-PUBLIC WAYS AND PROPERTY 11-+3 Appeal of City Manaaw'• cleciaian to_.,.. or ban any penon from park is to City Council. TITLE 11-PUBLIC WAYS AND PROPERTY 11-5-3 City Council may appaiDt City F'anaeer. (See Sec. 52, Article Vll, City Cbartar Title 3, Cbaptar 1, DIC. 'lTl'LE 12 -PUBLIC UTILlTIBS 12-1-2 Rulee and nplaaau of Water DmaiaD may be altand, ammded or added to witb Coam:il'1 approval. 12-lA-4 12-lA~ 12-18-3 12-lC-4 12-lD-l 12-2-2N 'lTl'LE 12 -PUBLIC UTILlTIBS City Council, by l"NOlution, shall 6K rum for metered Nl'Vice (water). T1TLE 12 -PUBLIC UTILlTIBS City Council or Direc:tor of Utiliti• shall cletamiDe if water aemce for irriptiOD abould be curtailed in tim• of B1nme abortap. TITLE 12 -PUBLIC UTILITIES City Council shall, by l"NOlutiaD, eeteNiwb cmt to praperty -in cb•nlin, fna pma&e liw to City meinl or in caanectin, to a City main. 'lTl'LE 12 -PUBLIC UTILlTIBS City Caancil m-a...-wl 6K time with adalr-euniciplJlmel end wat.er clilltride far ...a ..... wll rim of_._ .-ins ia ......... end mlw; mt ol ..-cliatrict abeD be widlin -epprcl'Nld by City COIIDdl b Dlpl:iaDcm of cliat:ribatiar'1 cmdnct. 'lTl'LE 12 -PUBLIC UTILlTIBS City Caancil lball tb by relllhdicm --rellla. 'lTl'LE 12 -PUBLIC UTILlTIBS City Caancil muat a...-r-xna detim ol Dinc:3m ol Utiliml b amnec:tim to tbe POTW b par,-. ol llfflCins pnplltJ aallide Iba bounderiN ol the POTW (Publicly Owned ~ Warb). 'lTl'LE 12 -PUBLIC UTILlTIBS 12-2-3 City Council lball enebliab annually • cbup fbr --collertioD .,..._ maint.enance where prwmiw ---by tbe City coUadiaa .,..... II -25 .. • • • • TITLE 12 -PUBLIC UTILITIES City Council sball apprclft by ordinance all rulea, polic:i•, replatiom, r- and c:b.ua-propmal by the Director m Utilitiel and 1'9COIIUllendeci t.o City CoaDcil. TITLE 15 -HEALTH, SANITATION AND ENVIllONIIENTAL PROTBCTION 15-3-2 City CouDcil sball direct City Attamey t.o imtitate cml aait ill name of City to ncGnr c:b.ua-, COMII and UI meta for cattinc and -Cfflll( m weeda and/ar cmpoei111 m trub, junk or aalnp. TITLE 15 -HEALTH, SANITATION AND ENVIllONIIBNTAL PROTECTION 15-6-3 City CouDcil sball dinct City Attunuly to imtitute suit t.o rec:ovw any debt due the City. For -•ta and unpaid c:oatll for failure t.o comply with notice of derelict vebid•. TITLE 16 -ZONING REGULATIONS 16-1-2 City Council deaipatm and approves storm or 8ood water l"WlOft" channel or buin. TITLE 16 -ZONING REGULATIONS 16-2-8-B.4 V~ for ---.. UN muat be appnlftd by Board of Ad,juatment and Appeals dim narnd to City Council for rffl-of written deciaiOD of Board 11o ....._if~~ with 1'9qQiremeDt:a m ordinance, if aot, dmMd. TITLE 16 -ZONING REGULATIONS 16-2-8-G City Council may rrriaw IDal and rrriawable cleciaion made UDdar Zonmc Ordin-ce. TITLE 16 -ZONING BBGULAffONS 1&-2-s City CouDcil sball detmmiDI tbe 11e 1ar appea1a 11o tbe Board m .Ad,iaatmeDt and Appeala. TITLE 16 -ZONING REGULATIONS 16-3-1 City Council may initiate & relCIIWII, may cbanp Ccapnbmam 7-iq Ordillm an. pablic: bNriq Oil any ........ t; lball nlClm racam-4etime m Napbodloocl and BUDll9 ~-t CID application for NSOIUJII. II -26 .. • 0 '32xl • • • -,, TITLE 16 -ZONING REGULATIONS 16-M & 5 Council shall make a copy of any tnuc:rip&ioD of ~inp it may acquire available t.o any~ at ...-able timea for impeetiaD and ltudy. It shall ~ve a copy of Plannia, Commiuioa writt.en 8ndinp ol fact and nlCOllllllendationa and may continue tbe matter by rem•ndin( camideration ol t.be wine t.o the Plannia, Commieaion for furtlmo pra c .. tinp u Council may direct; may adopt 6ndinp of fact and eitbs &pproft or diaapprcmt tbe wine by ~ may table it ---t.o • apec:ified elate. TITLE 16 -ZONING REGULATIONS 16-3-8 City Coancil must approve with Planninc and 7.oaing Commiuion for an initial IOllina or a wine. TITLE 16 -ZONING REGULATIONS 16-3-9 City Coancil may submit paopcwwwd cbangw or amendm-ta t.o ZoaiDg Ordinance but such cbangw must be submitted t.o Plannia, and Zoniq Commiuioa for uamination and recommendation before coaaideration by Council. If Plannia, and 7.oaing disapproves c:banp in ordinaDc:e, • report aball be made t.o City Coancil to nm-and may, after public heuiq, make IUCb c:banp in Ordinance. 16+13J 16-4-115 TITLE 16 -ZONING REGULATIONS Conditional -in I-1 Licht Induaaial Dimic:t maat be approved by City Cowu:il and PlanniD( and 7..oDiq Commieeian pnmcled public in*--t ia fully pntec:t.ad. TITLE 16 • ZONING REGULATIONS Appeal ol PUD Diaail:t Pia appticaDt may appeal in C..t • t.o wblltbs City Council'• 8ndinp -arbitrary and capric:iaaa. tbm City Council will reriew matter apin. TITLE 16 • ZONING REGULATIONS 16-4-19-1 City Coum:il with City PlanniD( and 7.oaing Ccwnmieeion to nplatia aipa. TITLE 16 • ZONING REGULATIONS City Council with Plmiac and Zoam, C-eieeion to .....-r-. of biat.oric baildinc, ._._ ec:bool, c:burc:b ar public baiJdms. TITLE 16 -ZONING REGULATIONS 16-7-1 City Coancil pbrued ordinance il'r-a-tive olfact uay part milbt be declared unc:autiaatimaal. II -27 •. . . • ·, • TITLE 16 -ZONING UGULATIONS 16-7~ City ComM:il maJ declan aD .....-cJ aim Ul ammf ordiDuce IO that it tum eft'ect im,nediat-ly .. final ...... ad pablicmon II -28 .. • I ' ' · .. .. .,----------- • • II -29 .. • I • • - .. STATB CON8'1T1Vl10NAL PROVISIONS AND COLOIIADO 11BV18BD STA'IUl'BS CONCBBNING cm COtJNCIL Colorado State Comtitution. Article XX Eatabliahment 1111d powers of a Home Rule municipality. Article X Tabor Amendment -Limitationa on IIJl8DIWll. Article XI Limitation on public iDdebtechaeu and indemnification. Criminal Statutes pertaining to c:oaflicta of interest, illaide information IIDd Hlf-dealing for public ofliciala. 18-8-301 18-8-302 18-8-303 18-8-305 18-8-307 18-8-501 Deftnitiona of "benefit", "party offtcer", "pecuniary benefit", "public 1enant•. Bribery. Cius 3 felony. Compensation for put official behavior. Cius 5 felony. Soliciting unlawful compeuation. Clau 2 miademeanor. Trading in public office . Clue 1 miademeanor. Attempt to in11uence a public Nl'Vant. Cius 4 felony. DeaipatiOD of supplier prohibited. Failinc to diacloN a camlict of interest. ClaN 5 felony . llinN of offlcial information. Ofllcial oppreuion. Fint decree offlcial miacanduct. ClaN 2 muc1-eanor. s-d depw ofticial miacanduct. ClaN 1 petty ...... luainl a fa1N certi&ate. Embenl_,t al pab1ic propnty. DesipatiClll al i.uurer probibitied. Deftnitiom of "materially fa1N ata*-t", •oath•, •offlcial proceediq". Pajury in the ant decree. Perjury in the aecaad upw. II -30 • . . .. • 0 1 32 x l . .---------,~- . ,. ·, • Fabe swearm,. Perjury and fue sweariDI -proof. Perjury and falae aweumr -prmoua trial. Perjury -ntrac:t;ion. Perjury and falae IIWemDI -irrep)aritiea DO clefimM. Public (Open) Becorda C.R.S. 2' -Article 72. C.R.S. 2'-72-203. Pablic recarda ope to impectiaD. Open YeetiDp Law -C.R.S. 2'-6-Part ,. 2'-6-401 Declantim of patiq. 2'-6-40'l ........ -ape. pablic Colondo Sunwbin• Id -c.a.s . 2'-6-101 • -.. Colando Fair c-r ·• Prll ctt 1t1a. -c.... Jlfliaed Slaiuta Title 1. Arl:ide 46, 101 ..... II -31 .. • ' ' , • • • <. POUCY AMENDING TITLE I, CHAPl'ER 5, SECl'ION 2, SUBSECTION 5, OF THE ENGLEWOOD MUNICIPAL CODE, 19815, CHANGING THE ELECTION OF THE MAYOR AND MAYOR PRO TEM FROM THE FIRST MEETING IN JANUARY TO THE FIRST MEETING FOLLOWING EACH GENERAL MUNICIPAL ELECTION. Brtim 1 Title 1, Chapter 5, Sec:tian 2, Sabw:ticm 5, of the Enpewoocl Municipal Code, 19815 ia hereby amended t.o read u follawa: 1-5-2-5: PRESIDING OFFICER: A. The prNiduac officer of the City Council shall be the Mayor, who shall be elected by tbe members of tbe Council at tbe tint meeting follmriag each poeral Municipal election. B. The presiding officer shall ~ strict order and decorum at all regular and special meetinp of the Council. The Mayor shall stat.e every question comm, before the Council, IIIIDOUllce the decision of the Council on all mbjecta, and decide all question& of order, mbjec:t, however, t.o an appeal of the Council, in which event a nutjority vote of the Council pnMDt and votin, sball pern and conclusively determine IUCb queationa or order. The Mayor shall vote OD all questiom, bialber name bemr called lut. The Mayor ahall llip all ordina-adapted by tbe Council duriq bialber in--ce. C . At tbe uid &nt meetin( followinc each ...-al elec:tian, the Council shall elect a Mayw Pro T-shall ad u Ma:,ar Pro T-wbo shall ad u Ma:,ar cmrm, tbe allamm oftbe Ma:,ar. ID tbe -i of the abemce of the Ma:,ar, tbe Mayw Pro T-, u pnaidiDc officer, shall sip ordmaDcal • dim adaptad. ID tbe nmt of tbe ...._ of bath tbe Ma:,ar aad tbe Ma:,ar Pro T-. tbe pnaidiq offlcer Nlec:t.ed punuam to tbe proriaimla ofSedim 1-5-2-78 oftma Chapter, shall llip orctin-u tbm adaptad. OrdiDallce No. 5 , Sena of 1994 II -32 ' . • I • • • 'l., POUCY AJIBNDING Tm.S 1. CIIAPl'D 5, SBCTION 2-1. OP TBB BNGLBWOOD IIUNICIPAL CODB TO CLABD'Y BBGULAR IIBBTINGS OP TBB BNGLBWOOD Cffl' COUNCU. PALLING ON A LBGAL BOUDAY. 1-5-2-1: BBGULAR IIBBTINGS: Baplar-dnp al tlw">CitJ Coand1 lhal1 be bald iD the CitJ BaD m the Int md tbird IIGDdaJa al each mantb at...,. thirtJ o'clack (7:30) P .M., ar at mcb o&blr time and daJ • Coancil may, from time t.o time, deeipata; praricled. ....... dlat wbm the day bid ... ..,. ........ meednc falll upon a clay cleeipetwd bf City Comu:il • a City Boliday, IUdl meednc lhal1 be bald at thew boar ca the nat -ceedin, daJ DDt a bolida:,. II -33 .: .. i--~ " , .l • : . ,· ~ ,,,,. ... ,..~ • • ; I • • to • <. POI.JCY PROHIBITING CANDIDATP.S FOR ELECTION TO THE OPPICE OF CITY COUNCll. FOR THE CITY OF ENGLEWOOD FROM ACCBPTING PAC (POLITICAL ACTION COIOOTl'D) CONTRIBUTIONS FROM INTBBBSTS LOCATBD OUTSIDE OF THE CITY. OrdiDaDce No. 12, S... al 1991 II -34 • I ., , ,. -• '• -• . • • '· - .. • • I • • • COUNCIL COMMUNICATION DATE : June 2, 1997 AGENDA ITEM SUBJECT: Comprehensive Zoo- ing Ordinance Amendment re- 10 a iii garding Pawn and Auto Pawn INITIATED BY : Neighborhood and Business STAFF SOURCE: Mark Graham, Neighbor- Development Office hood Development Coordinator Neighborhood and Business Development Office COUNCIL GOAL AND PREVIOUS COUNCll. ACTION; ~Q21t Council has adopted quality of life goals consistent with improving the South Broadway area. The proposed ordinance implements goals of the South Broadway Action Plan goals of improving per- ception of Englewood as a safe and attractive place to live and for shopping and entertainment. Previous~ &1iml;. On May 5, 1997, Council set June 2, 1997 as the date for the public bearing to consider the pro- posed Pawn and Auto Pawn amendment . This Ordinance is being brought forward on first reading because it is revised to prevent an undesired gap in the monlDrium. Responding to citizm requests. City Council initialed Soulh &ro.lway studies in May 1996. Citi- zens delcribed their concerns with the decline of South Broadway and the aaocialed implCII on adjacent busineaes and nearby residences. Staff bosllcd a ICriel of meeciap wi1b mkeboklen in- cluding resideals and businesses during 1996 to identify issues and saapa for improvin& Soudl Broadway in F.aglewood . Staff summarized the coocepcs, issues, and saapa for improving South Broadway in the South Broadway Action Plan 1997 (SBAP). The proposed Pawn and Auto Pawn ordinance is an implenlCIIMKID S1n1e1Y of the South Broadway Action Plan . Promoting the goal of "compatibility" the Action Plan directs mff to "Develop land use recommendations for compatibility of pawnsbop{s]. .. wi1b aeipborboodl." There are sipifi- cant negative perceptions of Pawn businesses and concerns in the C01J111J11nity that Pawn businews are concentrating on Broadway in En&lewood . The propoeed ordinance addreaes the issue uain& the zoning ordinance to establish distancina requiremenla for pawn busineaes . The effect of the distancing requirements is twofold . First, it limits the IOcal number of pawn busineues that can .. • . , . • .. 2 locate on Broadway specifically, and in Englewood generally. Second, it prevents a future concen- tration of pawn businesses. RECOMMENDED ACTION; Neighborhood and Business Development staff recommends that the proposed Comprehensive Zoning Ordinance amendment penaining to Pawn and Auto Pawn businesses, as recommended by the City Planning and Zoning Commission, be approved by City Council. BACICGRQUND, ANALYSIS, AND ALJ'IINA'IJYU IDIN 111'11Wj Bodi residents and businesses are concerned with the commercial vitality of South Broadway in Englewood. There is a desire in the community to enhance South Broadway and to mitigate the impacts of businesses pen:eived to be adversely impacting ocher businesses and nearby residences. Pawn businesses on Broadway are perceived as a negative influence . In the South Broadway meetings, citimns mentioned a COiiCeldlation of pawn busineaes indicaled to them that the area is in decline. Consistent with the idea of redeveloping the Broadway corridor, the propoled ordi- nance would cap the number of pawn 111e1 permiaed on South Broadway in Englewood. The Soulh Broadway Action Plan(SBAP) recommends a series of actions to revitalize South Broadway . Bodi the Planning Commission and council have endorsed the l 'N7 plan to improve Broadway . One of the recommended actions is addressing the issue of pawn shops and auto pawn businesses. Several proposals to resolve citizen concerns were scudied, such as: eliminating pawn as a permiaed 111e in 8-2 Zoning, establishing a period for the busineaes to relocale, or establish- ing distance requiremenls between pawn businesaes. Staff met with convn•nity mkebolders in- cluding resideols, business associations and pawn business owners to discuss the adverse perception of pawns and possible solutions. Rued Oil those meetings, Slaff l'CIC(IONIJCOdS that Council eslablisb distancing requiremenls to addresses the concerns of citimns and pawn brokers . Existing pawn businesses that do not meet distancins requiremellll will become DOIKODforming WleS subject to the restrictions that apply to any DOIKODforming Ule . Busini 11 ! I may c:ontilue at present locations and transfer ownenbip unless dilooacin!ed for 180 days then they could not be re- eslablisbed except in conformance with the new ordimnce . ~ of EnsJewood pawn busineaes are on record before the Plannina Commission aipponiaa die oudiaed position. None . LIST Of ATL\CIQIINJS; Bill for Ordinance Findinp of Fact Staff Report .. • , • • • t• • ' .. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATI'ER OF CASE IOR-97-02 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO AMENDMENT OF THE COMPREBEN-) SIVE ZONING ORDINANCE AS RELATED ) TO THE PAWN/AUTOMOBILE PAWN ) BUS~. ) INITIATED BY: THE OFFICE OF NEIGHBORHOOD AND~ DEVELOPMENT ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION This matter was opened for Public Hearing before the City Planning and Zoning Commission on January 21, 1997 in the City Council Chambers of Englewood City Hall. No testimony was taken on that dare, and the Public Hearing wu contiDJed to February 19, 1997. I,gyry 21, 1997 · Commission Members Present: Commission Members Absenl: &boerY 19, 997: Com,nipioo Mcmbcn Prcscat: Commission Mcmbcn Absenl: Douglas, Dummer, Garrett, Redpalh, Tobin, Weber, Welbr, Mason Homer Coale, Honer, Malon, Tobin, Weber, Welbr, Doaalll Dummer.Garrett Testimony WU received from Slaff 111d from the aemral public. The Commillion received notice of Public Hearina, and the Slaff Report, wbicb were iacorponled iDro and made a part of the record of the Public Hearina- After comiderina the staaemem of the wimeua, and reviewinl die peniDellt documellb, the members of the City PlanaiDI 111d ZoaiDI Commipion made die foUowinl Fmdinp 111d Con- cluaiom. 1 • I • ~ .. • 0 '32 x l • • · .. • . . FINDINGS Of FACT 1. THAT this issue wu brought before die PlamiDg ml Zoning Commission by die Of- fice of Neigbborbood and Business DcMlopmem u die initial seep to implemem die South Broadway Action Pim. 2 . THAT Notice of Public Hearing WU publisbed in die fRrlaggd 1mld OD January 9, 1997. 3. THAT Neigbborbood Community Coordilllror Graham pve latimony reprdiDg pur- pose ml bacqrolmd of die proposed •lllffl1rnfflll to die Comptebelllive Zomnc Onti- DIDCe. Mr. Gnblm 1atified tblt emciDa pawa/llllO pawn bulia.eues will be •pnllicbt1ecr in. but will become lepl DOll-COllformin mes. Such lepl bJll- conformias uses may comime to opera unless dilcc-t4i11el for a period of 180 days, at wbicb time future use of die site amt c:omorm wilb die Comptebemive Zoning Or- dinm:e. 4. THAT IDtiDbers of die pawn business commmity spoke in support of die piopcad unendmellt to die Comptebensive Zonina Onlimncc, 11DDD1 diem Mr. Breu KIPffinln. Ms. Vicki J,attimer, Mr. Michael Mam, ml Mr. Gary Foreman. 5. THAT N> one spob in ~ition to die piopcad uaemnieft to die Comptebemive Zoning Ordilllnce. CQNCUJSIONS 2. TBAT die P1anniJ11 Commiam fiDdl die l*opcad ... ,....,, ao die Comptebemift Zoning Ordilllnce, .,...,...,. clillm:e requiaw ..._ Ill ,....,.., pnn businmes, is desirlble and will limit die 11111111,er of IIICb tlllll,I-,,, .. -may -- in die City of Eapwood. 2 .. • ; , • . " ·, • •, QICISION TIIEltEFORE, it is the decision of the City Planning and Z.oaiDs Commission dlll the pro- posed amendmcm to the Comprehensive l.oaiDI Ordilllnce, IOR-97-0'2 be approwd and rec- OIDIDCDded to City Coum:il for approval. The decision was rcacbcd upon a vote on a motion made at the meeliDg of the City Pllllaiag and Zoning Commission on February 19, 1997, by Homer, secoaded by Tobin, which motion stares: ~ Planning Commission approt1e and teCOlii1Wlttl to City Council dw propou4 ~ to the Comp~ Zoning Ordbtolta. OR-97-02, wllidl will atablisJI dulana ~ ~ pawn bllsillasa. AYES: NAYS: ABSTAIN: ABSENT: Welker, Cottle, Homer, Mason, Tobin. Weber, Douglu None None Dummer.Garrett The motion carried. Tbesc Findings and Com:lusions are effective u of the meeuna on Febnmy 19, 1997. BY ORDER OF THE CITY PLANNING A ZONING COMMRION ... -...... 4 .. t••--·-· ............. 3 ~{."'"<' .... ·~ +, ' ·~· ~ i l" .,.Jr:, . .. • ; , • • • . . M E I O R 1 l D U I TO : THRU: FROM : Englewood Planning and Zoning Commission ~ Robert Simpson, Neighborhood and Business Development Director ··,,:, Marie Graham. Neighborhood Community Coordinator DATE : February 13, 1997 Planning Commission Date: February 19, 1997 SUBJECT: Comprelaeuive Zoaiq Ontiuace Amendment Cue # OR 97-02 Establillaillt Studards aad Repladolu for Pawabrobn aad Aaa. mobile Pawnbroken REQUEST: Staff requests that the Planning and Zoning Commission review, take public testimony , and provide comment on the proposal to amend the Englewood Comprehensive Zoning Ordinance to establish distancing requirements for pawnbroker and automobile pawnbro- kers . RECOMMENDATION: Staff recommends that Plaluaiq Comm.lssioa approve die recommeadatioa to es- tablisla diataacill1 reqairellleats for pawabrobn aad aatomobile pawnbrokers to pn¥ent coaceatratioas of tlaoee mes wllicla coatribllte to neptive perceptiou of Soatll Broadway. SUMMARY: City Council directed the Neighborhood and Business Development Office to study the South Broadway corridor in 1996. While studyiq Broadway, sraffleamed that Engle- wood merchants are coacemed wi1b the negative impacts associaled with some busi- nesses on the commercial vitality of Broadway . Residents in neighborhoods near Broad- way also express concern about impacts anributable to particular businesses on Broad- way . Pawn businesses were often included in lists of factors contributing to negative per- ceptions of South Broadway. Concentrations of pawn shops were perceived as threaten- ing to commercial vitality . Staff seeks support for an ordimncc implemenrin1 the South Broadway Action Plan which would prevent future concenaation of Pawn businesses on South Broadway by re- quiring minimum distanee between Pawn businesses as means of improvina land use compatibility and the imqe of the redCYelopina Broadway corridor. ' .. •· 0 '32xl • Case # OR 97-02 Pawnbroken BACKGROUND: • • • I• page 2 In January of 1996, Englewood residents approached City Council with concerns regard- ing the concentration of particular businesses on South Broadway and the proximity of these businesses to adjacent neighborhoods. Englewood's Neighborhood and Business Development Office (NBD) was asked by City Council to study the South Broadway cor- ridor. On June 10, 1996, City Council signed into affect a moratorium temporarily sus- pending all miscellaneous licensing of businesses until procedures can be reviewed and revised by City Council and staff. f!!lili£ Participation: During May and June of 1996, City staff kicked off the "On South Broadway" study by organizing four public meetings. The comments from these community meetings pro- duced a list of resident and business issues, concerns, and opportunities, to improve the Englewood business climate as well as generally improve the South Broadway corridor. Staff also mailed opinion surveys to 612 businesses and 4,500 residents in the Broadway corridor. Based on the comments from the opinion surveys and summer meetings, NBD staff categorized issues and concerns. In early September 1996. two focus sessions, made up of merchants and residents prioritized and devised remedies to the South Broadway issues. SW!'~ One recurring concern mentioned in surveys, focus groups, and community meetings is the perceived negative impact of pawnbrokers and automobile pawnbrokers on the Englewood community. Residents and merchants express concerns with the concentra- tion of pawnbrokers and automobile pawnbrokers on South Broadway. The concentra- tion of these businesses tends to adversely affect the attractiveness of nearby neighbor- hoods and businesses. In July and August of 1996, NBD staff conducted a physical inventory, market analysis, and a land use analysis of the South Broadway corridor. Staff also reviewed the Engle- wood Zoning Ordinance and the Englewood Comprehensive Plan. The Englewood Comprehensive Plan aims to create a balance of commercial uses that reflect the character of adjacent neighborhoods and it aims to preserve and protect the residential nature of the Englewood community. ORDINANCE PROPOSAL; The proposed ordinance amends the zone district requirements of the Englewood Zoning Ordinance continuing pawnbrokers and automobile pawnbrokcn as a principal permitted use in B-2, 1-1, and 1-2 zone districts as loq as distancing requirements are met. It also imposes distance restrictions on the location of pawnbrokcn licensed after the effective dale of this ordinance. The proposed distancing requirements mandate a 2000 foot sepa- ration between pawnbrokers/automobile pawnbrokcn. This distance is measured from the nearest property line of the proposed pawnbroker/automobile pawnbrokcn location to the nearest property line of an existing pawnbroker/automobile pawnbroker . .. Case# OR 97-02 Pawnbrokers • • • Pawnbroker/automobile pawnbroker capacity load on South Broadway: page 3 Based on this proposal, South Broadway could support a total of seven pawnbro- ker/automobile pawnbroker with a 2000 foot distancing requirement. • Two pawnbroker/automobile pawnbroker would be allowed in the north section be- tween Yale (2700 S .) and Floyd (3300 S.). • Five pawnbroker/automobile pawnbroker would be allowed in the south section be- tween Jefferson (3600 S.) and the south border. Other 8-2 areas : I. There is a stretch of 8-2 zoned land running on both sides of Hampden between La- fayette (1400 E.) and Logan (400 E.). Two pawnbrokers/automobile pawnbrokers could locate in this area. 2. One pawnbroker/automobile pawnbroker could locate in the 8-2 on Evans between Raritan (2100 W.) and Zuni (2400 W.). 3. One pawnbroker/automobile pawnbroker could locate in the 8-2 on Belleview and Lipan. 4. One pawnbroker/automobile pawnbroker could locate in the 8-2 on the north side of Hampden between Galapago (700 W.) and Jason (1000 W.). 5. One pawnbroker/automobile pawnbroker could locate in 8-2 on South side of Hampden between Bannock (200 W.) and Elati (500 W). 6. One pawnbroker/automobile pawnbroker could locate in 8-2 between Jefferson (3600 S.) and Kenyon (3700 S.) east of Broadway to Logan. Industrial locations for pawnbrokers/automobile pawnbrokers: Pawnbrokers/automobile pawnbrokers may locate in the 1-1 and 1-2 districts provided they satisfy distancing requirements. NONCONFORMING STATUS Existing pawnbrokers would be deemed non<e>nforming uses which could continue op- eration and be transferred or sold unless the business ceased operation for a period of 180 days. In the case of ceasing operations for 180 days the business could not be re- established unless it could meet the provisions of the ordinance includiq distmcina from other pawn uses. Pawnbrokers applying for licenses after the effective date of this ordi- nance, would be required to demonstrate that they meet the provisions of this ordinance including the minimum separation from other pawnbrokers • , • Case # OR 97-02 Pawnbrokers • • • Following is a list of Englewood pawnbrokers and automobile pawnbrokers. :Business-name Business Address-C',·- PawnBank 2815 S. Broadway Best Car Buys LTD 3232 S. Broadway Johnny's Automobile Pawn 3215 S. Broadway Harry's Specialty Cars 3247 S. Broadway American Automobile Mart 3935 S. Broadway Inc. Englewood Pawn 4155 S. Broadway Rags to Riches Automobile 4201 S. Broadway Sales and Pawn Continental Pawn 4756 S. Broadway Centtal Jewelry and Loan 4796 S. Broadway Massa Automobile Pawn, 5020 S. Broadway Inc. US Pawn 5030 S. Broadway Colorado Automobile Pawn 1201 W. Lehigh Pl. ' page4 Following is a list of Englewood pawnbrokers/automobile pawnbrokers and their dis- tances to nearby pawnbrokers/automobile pawnbrokers. PawnBank 2815 S. Broadway .. -. ..... 2600 ft Best Car Buys 2502 ft Johnny 's Auto Pawn 2602 ft Hany's Specialty Cars Best Car Buys LTD 3232 S. Broadway Dlllaa ..... 2600 ft PawnBanlt 100 ft Johnny's Auto Pawn 100 ft Harry 's SDecialty Can Johnny's Automobile Pawn 3215 S. Broadway 0.... a.... 2502 ft PawnBanlt 100 ft Bal Cas Buys L 11) 0 ft Harry 's Soec:ialty Can eusm-..Adllim 3232 S. Broadwav Yes 3215 S. Broadway Yes 3247 s. Broadway Yes a--.... '"-;!. 2115 s. Broadway Yes 3215 s. Broadway No 3247 s. Broadway No ......... .. 2115 s. Broadway Yes 3232 s. Broadway No 3247 s. No ' . ...... •· .. rr, • Case# OR 97-02 Pawnbrokers Harry 's Specialty Cars 3247 S. Broadway 0...... 1aun- 2602 ft PawnBlnk 100 ft Besl Cars Buys LTD 0 ft Johnny 's Auto Pawn American Automobile Mart 3935 S . Broadway ~ lllilllallll::.; . ~ . • .. ....... 1111 ft Enalewood Pawn 1665 ft Rap to Riches Auto- mobile Sales and Pawn Englewood Pawn 4155 S . Broadway m .,. -1111 ft American Automobile Mart 3SI ft Rap to Riches Auto- mobile Sales and Pawn 3961 ft Continenlal Pawn • • Bl~Mdtas .. 2815 S. Broadway 3232 S. Broadway 3247 S. Broadway D 5 •• ~ 41SS S. Broadway 4201 S. Broadway B 5 r · 7DI .... 393S S. Broadway 420 I S. Broadway 47S6 S. Broadway Rags to Riches Automobile Sales and Pawn 420 l S. Broadway --~ ,, "'-~·,. ' .... 3Sl ft -Pawn 166S ft America AIIIIOIIIObile Man Continental Pawn 4756 S. Broadway ,,,._ .. , ....... ,.- 140 ft Ceall'al Jewelry and Loan 1680 ft ~ AIIIDlllobile Pawn 176S ft US Pawn 41SS S. 393S S. Broadway .......... 4796 s . Broadway S020 S. Broadway SOJO S. _ ' page5 . .. Yes No No ; No No .. No No Yes I No I No No No No I· 0 '32xl Case# OR 97--02 Pawnbrokers Central Jewelry and Loan 4796 S. Broadway 140ft 1540 ft 1625 ft Massa Automobile Pawn. Inc. 5020 S. Broadway ·, • • 4756S. S020S. S030S. ··-;;<ii•. ·~.; • .:.. ~ ...... 16IO ft 1540 ft 0 ft US Pawn COIIDDl!MRI P11w11 4756 S. c...a ~ IDII Lom 4796 S. us Pawn S030 s. 5030 S. Broadway 176.5 ft 162.5 ft 0 ft Colorado Automobile Pawn 1201 W. Lebip Pl. a·....._ 4756S. 4796 s. -- S030S. ,. No No No No No No page6 • Colorado Automobile Pawn is over 3800 feet fi:om Broadway and complies with dis- tanciq requinments. . ' .. ., • ' f • • t• • . . .... ~~~ 1oi1i\ BY AUTHORITY ORDINANCE NO . _ SERIES OF 1997 ~~ COUNCIL BILL NO. 46 ,..'?-JI- INTRODUCED BY COUNCIL \? • ABILLPOR MEMBER HABENICHT /t)~f/1~ AN ORDINANCE AMENDING TITLE 16, CHAPI'ER 4, SECTIONS 10, 12, AND 13, OF THE ENGLEWOOD MUNICIPAL CODE 1985, PROIDBITING PAWNBROKERS AND AUTO PAWNBROKERS IN THE B-1 BUSINESS DISTRICT; ALLOWING PAWNBROKERS AND AUTOMOBILE PAWNBROKERS AS PERMITl'ED PRINCIPLE USES IN THE B-2, BUSINESS DISTRICT WITH DISTANCING REQUIRBIIENTS; AND ALLOWING PAWNBROKERS AND AUTOMOBILE PAWNBROKERS IN THE I-1 INDUSTRIAL DISTRicr AS PERMI'ITED PRINCIPLE USES WITH NO RESTRICTIONS . WHEREAS, the City Council oft.be City of Englewood, Colorado baa aet the goal of improving the buaineu and l"Nidential quality of life in the City; and WHEREAS, the 1979 Enpewood ~ve Plan aims to preeerve and protect the residential nature of the Eapewood ccamunity; and WHEREAS, the 1979 Enclewood ~ve Plan aims to create.a balance of commercial mN to reftec:t the cbaracter of the neipborbood; and WHEREAS, the purpme of the 1997 Soadi Broadway Ac:tioo Plan is to create a balanced and vital commerc:ial and rwidenti•I mYU'OIUllflllt in the South Broadway corridor; and WHEREAS, the citume of the City haft aapa 111d _. reprdia, the concentration of pawnbroken and ~ pawnbrobn in the Enclewood community; and WHEREAS, the replatioo of,-abralras wl • .....,.. paWDllrabn ie reaeonable became oftbe opportunity eucb baeill11111 a&r to criaiaale far diapoeitioo of lltolen poda; and WHEREAS,• coocentratioo of pawnllrabn and eutcaotiile ......... li- the public a percepaoo of a clecliDe in the ~ bNltb and quality of life in the community; and WHEREAS, the .«ec:t of the cli#anc:m, ~ta is two fold: tint. it liaita the total number of pawn buein11111 that cen i-te OD Broadway epeci&:ally and in En,aewood poerally; and NCODdly, it prwmta a future coocentration of pawn buein-; and WHEREAS, thia zoninc replatioo is cleeiped to pntect the bealtb, ..r.ty md welfare of the citizena of En,lewoocl; and .. • I • • • '· WHEREAS, these fact.on create a reasonable buia t.o distinguish between pawnbrokers, aut.omobile pawnbrokers and other typea of buaineues under this zoning ordinance; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectipp 1. The Englewood C,'ity Council hereby amencla Title 16, Chapter 4, Section 10, Subeec:tion E, by the addition of a new Paragraph 8, which shall read u follows: UM-10: SI BU8INE88 D18TB1Cl': E. Prohibited UHS. 1. Adult entertainment and service establishments. 2. Manufacturing. 3 . Outdoor storage of materiala, supplies and equipment on private and public property. 4. The outdoor duplay, storage or sale of clothing or howiehold appliancea, furniture or other items commonly 1118d in a home, whether on privat.e or public property. 5 . Warehousing of products or items not sold on the premises. 6. Sale at wholesale. 7. Sales or service activity shall not be allowed from any temporary structure or vehicle un1-a building permit application hu been submitted for a permanent builcwi, or structure t.o replace the temporary structure. 8 . PAWNBROKERS AND AUTOMOBILE PAWNBROKERS AS DEFINED BY AND WIUCH ARE REQUIRED TO BE UCENSED UNDER TITLE 5 or TIUS CODE . Sed:ien 2. The Eqlewoocl City Council a-.by ameada Title 16, Chapt.er 4, Section 12, Subeec:tion C, by the addition of-hrllll'apba 13 and 14 which shall read u follows : C. Pffmitted Principal u-. No building, Btnlc:ture, or land shall be uaecl, and no buildinc or structure shall be -*-, atruc:turally alt.erecl, enlarpd or maintained unieM odlenriae prcmded fur in tbia Ordinance, ncept for one or more of the followinf UN: 1. Any use permitted in the B-1 Buainea District. 2. Animal hoepitala, kemiela t.o be enc:loNd and nma enclosed by a fence •is feet (8') hip. 2 ' • . •· 0 ...... : ,.., t '' '32xl • • . ' 3 . Auction houaes. 4. Automobile leasing. 5. Automobile sales at retail by a dealer licenaed by the State of Colorado, including aervices and acceuories. 6. Drive-in eating or drinking establishments. 7. Adult entertainment shall be permitted IO long 88 it complies with the following requirements: a. No adult ent.ertainment or laYice facility ahall be located on any site unltiu IUCb llit.e ia not 1-than the diatance limitation aa required by thia Section. (1) One tbouAncl feet ( 1,000') from the location al anotMr auch adult entertainment or aervice facility. (2) Five hundred feet (500') from the boundary line al any residential dutrict defined in the Comprebenllive Zoning Ordinance, aa amended, including, but not limited to, R-1-A. R-1-B, R-1-C, R-1, R-2-C, R-3 or R-4 or similar relidential zone dutrict in an area alljoining the City of Englewood. or any religioua inetitution, public park. public library, community center, or educational institution, whether within or without the City of Enpewood. b. Meuurement of Diatance. All diltancea provided herein shall be meaaured 88 follows: (1) With respect to the diatance betwem a locatian fur which an adult entertainment or ISTice facility ia jNopaecl and a location when aucb a facility emu. the diatance aball be meMUrecl by foUowiq a ltnipt line 6-the ....rat point al the property line altbe ...... u--.....-to the DNnat paint al the property line al the ailtiDI licemed premiaN. (2) W-db rwpect to the di-*-6-tbe boaadar7 line al a relidential dutrict or any relipou imtitutiall, public put. public library, commuaity cmter, or aducatianal imtitutiaD, the diatance lball be meannd by fiJUowias a ltnipt line,,... the ....... poiDt al the prapaty line al the ...... licmaad ...... to tbe a.rat paint althe cliatrict boundary line; or in the eue al a relip,aa imli&atioa, public part. public libru7, -•anit>' -•. or educational inetitutiall, the di-*-lball be ---by f'oUowiq • ltnipt line,,... the ....... poiDt al the property line al the ...... u--.....-to tbe a.rat paint al the property line al. relip,aa inltmmoa, public part. public library, commanity -•. or aducaticmal imli&atioa. 3 ' . .. • I r • • <. (3) Where the propoeed location of an adult entertainment or service facility ia a vacant parcel of land upon which no permit bu been iuued for the c:oaatruction of a building, all diatances Bhall be meaaured from the nearest point of the property line of the land propoeed u a location for an adult entertainment or aervice facility. Where the propoaed location of an adult entertainment or service facility ia a vacant parcel of land upon which a permit bu been iaaued for the conatruction of a permanent building for IUch uae, all diatances Bhall be meaaured from the neareat point of the property line U shown OD the survey of IUch parcel of land. 8. Feed and Ned at.orea (ucludinc the Ale or at.orap of'bay). 9. Food locbr lltorap. 10. Hoapitala and -~t bomea . 11. llortuariea. 12. llotela. Y. Paws .... llll4 HHll. b ....... 13. PAWNBROKERS AND AUTOMOBILE PAWNBROKERS. A. NO PAWNBROKER OR AUTOMOBILE PAWNBROKER, AS DEFINED BY AND WIUCH IS REQUIRED TO BE LICENSED BY TITLE 5 OF TIDS CODE SHALL BE LOCATED ON ANY SITE UNLESS SUCH SITE IS NOT LESS THAN THE DISTANCE LIMITATION AS REQUIRED BY TIDS SECTION. DISTANCE LDIITATlON. THE BUSINBSS PREMISES OF A PAWNBROKBll OR AUTOMOBift~R -p f 1' E.. SHALL NOT BE LOCATED WlTBIN I SAND FEET OF THE BUSINESS PRBIOSBS ANOTHER (1) PAWNBROKBll OR AUTOMOBILE PAWNBRODJL B. IIEASUllBIIBNT OF DISTANCE. ALL DISTANCBS PROVIDED HBBBIN SHALL BB IIBA8URBD AS POI.LOWS: (1) Wffll RBSPECl' TO THE DISTANCE BE'l'wDN A BUSINBSS PBRIQSIS POR WIDCH A PAWNBRODR OR AUTOMOBILB PAWNBRODR IS PBOPOSBD AND THE BUSINESS PBBIII8BS OP AN DISTING PAWNBROKBll OR AUTOMOBILE PAWNBROKER, THE DISTANCE SHALL BB IIBA8URBD BY FOLLOWING A STRAIGHT LINE PROM TRB NBAJlEST POINT OF THE PROPERTY LINE OP THE PROPOSED LICENSED PUIOD8 TO THE NBAllBST POINT OF THE PROPERTY LINE OF THB DISTING PAWNBROKER OR AUTOMOBILE PAWNBROKER. 4 ' 11., ... . . . .. • ' , • • ·, • <. (2) MEASUREMENTS BASED ON THE l':100' ARAPAHOE COUNTY ASSESSOR MAPS SHALL BE DEEMED ACCEPTABLE FOR TIDS PURPOSE. 14. SECOND HAND STORES. i+. 15. Recreational vehicles and boata, sales or leue. -16. 16. Residential me: must conform to the development requirements of the R-3, High-Denaity Residence Diatrict. -i&. 17. Any llimi1ar lawful 1111e, which, in the opinion of the Commiaaion, is not objectionable to nNrby property by reaaon of noise, odor, dust, smoke, fumee, gaa, beat, glare, radiation or vibration, or is not buarclowl to the bealtb and property of the IUJTOUDding area through danpr aC fire or aploaian. Sedior 3. The Englewood City Council hereby amendl Title 16, Chapt.er ,, Section 13, Subeec:tion C, with dM! addition aC a new paraerapb 16, which shall read u follows : 16-4-13: 1-1 LIGHT INDUSTRIAL DISTRICT: C. Permitted Principal u-. No land shall be UBed or occupied and no iltructure shall be designed, erected, altered, UBed or occupied, ucept for one or more of the following 118e9: 1. Any me permitted in the 8-2 Buaineee Diatrict euluding residential 1111e escept u permitted in subaection C2, mobile bome parka. Each permitted uae &om the 8-2 7.oae Di.trict muat also comply with all the restrictiona and requirement& set forth in the aec:tion establiahing or allowing the permitted uae un1eea specifically modified by tbia Section. 2. Mobile Home Park o...lopmmt, -DeYelopment Procedure and Standuda, aubNetiaDB N and O aftbia Section. 3 . Manufacturin,, ~ and/or fabrication. Tbe manufacturin,, procNIUII 8Ddlor fallricaticm, • en..-ated and limited benin, of any commoditJ acapt tbe faUowinc which are prohibited: Abraaivea, buic -ufacture. Alcoholic diatillatioa. Animal by-producta, buic manufacture and ~- Aapbalt, manufacture and pra c cine . Bone black, buic -ufacture. Carbon black or lamp blact, buic manufacture. Cbareoal, buic manufacture. CbemicalB, heavy or induatrial, buic manufacture or proceuiq. Cinder and cinder blocu, buic -ufacture or ~- Coal or colul, manufacture or ~- Concnt.e and coacnt. proclucta, manufacture or fabrication . Detarpata, .... and by-producta, uainc animal fat, buic manufacture. F-ted fruita ud •••table product&, manufacture. s .. • , .,--------.------:--------- • ·~ • Fertilizers, manufacture or ...-m,. Fungicide,, manufacture. 0-, other than nitrapn IIDd .,._, maaufacture. Glue manufacture. Glue and liu, manufacture. Grain milliD1. Graphite, manufectun. a,p.um and other bme alpl.-bMe, maaufacture. IDNctic:idee, manufacture. Imulatiolll, fl•mm•Ne t,pee, manufacture ar febricetiall. llatcbea, manufectun. Meat llaqbtarias. lletela, atnctioD CII' emeltiq. lleula, ...-, pip. ebNta, ar ban, manufacture . .... ebreddiq, 9lltlO .......... IIDd limilar operatiam. OiJI ead feta, eniJul IIDd n11teble, -ufedme. Peinte, piplmtl, .......... j11p9111, ._._,., patty, ffnliabee, wbitiq, IIDd wood 1Ulen, -ufacture or f'allric:etioD. Peper palp IIDd cellube, bMic mannfedare. Plll'llffln, manufacture. Petroleum and petroleum praducte, -ufacture CII' .--... Portland and limilar -•. manufacture. Rubber, manufacture, or red•imin1. Sawmill or planing milll. Serama, tomne, viruaa, -ufec:ture. Supra and eterc:bea, manufacture. Tannery. Turpentine, manafacture. Wu ead wu produde, manufacture. Wood ..-riDI by creoaot.iq or other prwure imprepatioD of wood bJ..--atm.. 4. Sele at wbalalale ar ........ 'Diil eele at wh hrele, tbe warebomiq and/or ...... al 9D1 CIIIBIDOdity ewpt tbe faUawins wbicb 11N probibiW: 5 . L LiYe farm aimala. b. Coa--=ial aploaiYel. c. .Abne--pllGliill balk ....... alfl--eNe ................. IIDd ..,. .., tbe alllllt that tbe ....... allllcb liqaide .. --ie....., .,.. ........ with-v•bNtins....,..• tbe......-artD...- reilroad locamotiYel. a. Hardware. b. Any commodity ma.ilfMtaNd, pra mu II, fabricated ar wanboued ca tbeprmiiaa. c. lquipmmt, euppliel IIDd eateriala (...-pt _.... ........ , ct-ipecl 91111 ieUy llr will........_., 11UW11, iadmtl7, baeiaw, traupartatum, buildins wl .._ ca......._ 6 .. • ; , • ·------u-----------.------~- • • '- 6 . Repair, rental and aervicing. The repair, rental and aervicing of any commodity, the manufacture, proc:euinc, fabrication, warehousing or sale of which commodity ia permitted in this Diatrict. 7. Contractor yard for vehicles, equipment, materials and/or supplies. A contractor yard for vehicles, equipment, materiala, and/or supplies which compliee with all of the following conditioaa: a . Ia properly graded for drainage, surfaced with concret.e, asphalt, oil or any other dust-free surfacing and maintained in good condition, free of weeds, dllllt, trash and debris. b. Ia provided with barrien of such dimenlions that occupants of acljacent structures are not unreasonably disturbed, either by day or by night, by the movement of vehicles, machinery, equipment or suppliee. c. Ia provided with entrancee and e:ots 80 located 88 t.o minimize traffic congestion. d. Ia provided with barrien of such type and 80 located that no parked vehicles will extend beyond the yard a.,_ or into the required screening area if acljoining or acljacent t.o a residential district. e . Lighting facilities are 80 arranged that they neither unreasonably disturb occupants of acljacent residential properties nor interfere with traffic . 8 . Greenhouae. 9. Newspaper distribution station. 10. Parking and/or commercial storage of operable vehicles. 11 . Railroad facilitiea, but not including ahopa. 12. School for training in occupational lkilla, emollmmt may be open t.o tbe public or limited, may include dormitories for ltudenta and iutruct.on. 13. Terminal for intracity or intercity vehiclea for mov-t ol per-. of freight. 14. Warehousing and/or storap. 15. Recycling operatiom, including but not limited t.o tbe proc:aaiJII of batteriea, construction wut.e, food wute, ..... metals and/or alloya, papen, plastics and tirea which campliel with condition a, 88 lillted below. Buy back cent.era that do not ~ nc,aad materiala and It.ore their materials within an encloaed atructun or a roll-off CGDtainer, Nmi-trailer, or similarly self-contained apparatus aball ba uempt from this IUbeec:tioo Cl5. a . The manufacturing of all materiala aball occur within an mdoNcl structure. The atorap of materiala may oc:cur outaide ol tbe ltrUc:ture 7 .. • I • .,------~-------~-----.--- • , . • providing said storage is in a roll-off container, semi-trailer, or similarly self-contained apparatus. For operations not conducted within an enclosed structure, see subsection Jld of this Section. 16 . PAWNBROKER AND AUTOMOBILE PAWNBROKER. 17 . Any similar lawful wie which, in the opinion of the Commi88ion, is not objectionable to nearby property by reason of odor, dust, smoke, fumes, gas, heat, glare, radiation or vibration, or is not hazardous to the health and property of the surrounding area through danger of fire or e:s:ploeion. Se!;tion •· Egi11,inc Pawpbroken. Any pawnbroker or automobile pawnbroker in emtence prior to the effective date of this ordinance, but which does not conform to the limitations establiahed by this ordinance, shall be nonconforming and subject to the following conditions: The pawnbroker or automobile pawnbroker shall be required to be registered with the City within thirty (30) days of the effective date of thia ordinance. A nonconforming wie, allowed pursuant to thia Section, may remain at its location as a legal nonconforming wie subject to the termination requirements of nonconforming U11e11 as described in this Title. Because it is a purpoee of this Ordinance to eliminate nonconforming pawnbroker and auto pawn Ullell. No pawnbroker or auto pawn nonconforming use shall be resumed if it has been diacontinued for a continuous period of at least one hundred and eighty days or would terminate as provided for in the general nonconforming use provisions of this Title. $ection 5. Safety Clauua The City Council, hereby finds, determines, and declares that this Ordinance is promulgat.ed under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance ia n-.ary for the preservation of health and safety and for the protection al public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation ID the proper legislative object sought to be obtained. $ectigp 6. SeYIJllhjljty If any clause, sentence, paragraph, or part of this Ordinance or the application thereof 1D any penon or circumstances shall for any reason be acljudpd by a court of compet.ent juriadiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other penons or cin:umatances. Sec;tiqp 7 Jnrortit1mt Ordjpapcea All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the edent of such inconsiatency or conflict. Sectjop 8. Effgt of 1'llll@al or modjficatjop The repeal or modification of any provision of the Code of the City of Eqlewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which shall have hem incurred under such provision, and each provision shall be treated and held as atill remaining in force for the purpoeea of sustaining any and all propa-actiona, auita, proceedinp, and proeecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpoae of sustaining any judgment, decree, or order which can or may be .. rendered, entered, or made in such actiOllB, auita, im-fiap, or proaecutiona. "' •· 8 0 1 32xl • ·, • '· 5ec;t;igp 9. fmallx. The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinanc:e. S@Gtigp 10. Etfediye Date This Ordinance shall go into effect on July 7, 1997. Introduced, read in full, and puaed on first reading on the 5th day of May, 1997. Published u a Bill for an Ordinance on the 8th day of May, 1997. Amended and reintroduced, read in full, and puaecl u amended on the 2nd day of June, 1997. Publiahed u amended on the 5th day of June, 1997. Thomas J. Burns, Mayor ATTEST : Loucriabia A. Ellie, City Clerk I, Loucriabia A. Ellia, City Clerk of the City of Eqlewood, Colorado, hereby certify that the above and foncoinl ia a true copy of a Bill for an Ordinance, amended and reintroduced, read in full, and puaed u amended OD the 2nd day of June, 1997 . Loueriahia A. E1lia 9 •. • I . . • • , . • ' ... COUNCIL COMMUNICATION DA TE: June 2, 1997 AGENDAITEM SUBJECT: Comprmensive Zoning Ordinance Arneocbneot - 10 a iv Tempo.my Employment Services INITIATED BY : Department of STAFF SOURCE: Mark Graham, Neighborhood and Business Development Neighborhood Planning Coordinator COUNCIL GOAL AND PREVIOUS COUNcn. ACTION; Council Goals: • Create government/community dialog opportunities. • Economic development. • Quality of tin:. Preyious Coupcil Action: On May S, 1997, Council set June 2, 1997 • die dale for die public bearing to consider die proposed temporary employment services amemmcrtt Thia Ordinance is being brought forward on first reading because it is reviled to prewnt m undesired pp in die moratorimn. fmious PJ1PDiPR Dmnieim Amm · The Planning Commission held a Public 8-iD& cm die popoeed llelbpm•Y employmeal services ID'fflirnenb cm J..-y 21, 1997 ml COlfiH+ed to Febmay 19, 1997, Man:h 11, 1997, and April I, 1997. Tbc Pllllnillc Ccmeniwm YOled to nammem die flN!Mll¥!Df of die Comprehensive Zoning Ordinw:c COIi-A 1&i1c lliDpOHay employment services u CoUows: A. Tempormy employmmt mvica shall be prohibited in die B-1 111d B-2 Zone Disaicts. B. Tempormy employment mvica shall be allowed a a Coadi1ioaal U• in die 1-1 and 1-2 Zone DisaidS, provided Ibey comply with die followins restrictions: I. 2. 3. Shall be localed DO cia. tban 1,000 feet ID my residentially mned area. Shall be localed DO clOla' 1ban 1,000 feet ID my busiDas esaablisbment licensed ID sell liquor by die drink or by pacap. Shall be localed DO cla. tban 1,000 feet ID my P'flic pdmma facility, school, playpound, or Jmk. 1 • • ' . I ·~ .. ; • • • • Definition: Temporary Employment Services· AJJ.y person, firm. partnership, association or corporation that maintains a central location where day laborers assemble and are dispatched to work for a third party user. UCQMMENQED ACTION: Staff recommends that City Council approve the proposed temporary employment services amendment to the Comprehensive Zoning Ordinance as recommended by the City Planning and Zoning Com.mission with the inclusion of a six month "conformance period" to commence on the date the amendment takes effect. BACKGROUND, ANALVSIS, AND ALTERNA]]VES IDENTIFIED: At City Council request, staff initiated a study of the South Broadway corridor in May, 1996. Tbe concepts, issues and sttategies of the South Broadway Action Plan were approved by Englewood Planning and Zoning Commission on February 19, 1997 and by City Council on April 21, 1997. As part of the initial implementation steps of the South Broadway Action Plan, staff bas brought forward a proposed Zoning Ordinance amendment providing four alternatives for the regulation of temporary employment services . These alternatives were: 1. Prohibit temporary employment services in the 8-1, B-2 , I-1, and 1-2 zone districts. 2. Prohibit temporary employment services in the 8-1 and 8-2 zone districts Permit temporary employment services in the I-1 and I-2 zone districts. 3 . Prohibit temporary employment services in the 8-1 zone district. Permit temporary employment services in the B-2, I-1, and I-2 zone districts. 4. Prohibit temporary employment services in the B-1 mne district. Permit temporary employment services as a Conditional Use in the 8-2 mne district. Permit temporary employment services in the I-1 and 1-2 zone districts. Tbe Planning Commission's deliberation cenraed on two major issues identified duriDS 1be course of the public testimony; I) the impacts of trmpocmy employment services on adjacent residential areas, and 2) the compatibility of trmpon1y employment services wi1h 1be commercial and retail uses in the 8-1 and 8-2 mne districts. Tbe Commission's conclusions were that temporary employment services have a high potential to gmmtc neptive impacts on adjacent residential uses that are difficult to mitiprc. Libwile they concluded that, in pneral, temporary employment services are not compatible with the pn:domiDatc commcn:ial and retail uses in the City's business zone districts. Tbe course of action prescribed wu to prolul,it temporary employment services in the business districts and permit them in the induscrial zone districts with certain restrictions. The Commission recopized that because of the proximity of industrial mne districts to residential zone districts and the sensitivity of residential mae dillricts to the impacts associaled with temporary employment services, Coaditioaal U11 review coupled with specific distancing requirements wu my to preserve the aeneral public lmllh. sa&cy and welfare . 2 I ---. • • • . "" ·, • <. ,._ Sub9equem to the Commission's public bearina, the std bas bid time to reviewed the Commissim' s .ecoallDl!D'i•!fon and its implicetions for eaforcement. Tbe std bas iadmpded the rer,,.wu11ewdetion oftbe Plennina Commiaion as not providina a .. p•1•lfwlfw" dame for Ill)' exillml 1mlp0rery employment services in the iDdusariel mm discric:ls. >.. such, my existiDa temporary employment services in the iDdustriel zme distric:ls would be required to submit to the Coodhioael Use process. Libwi8e, the recnmrrwrtierion on its &ce does not povide for a period witbm which tbe emang IWipOtay employment services may 9lek to come into compliance with the new atquhcmenll. Typically, flllf!Mlllellll wbicb cbeaae UN atquhemads provide a short period before full eaforcemmt ii iDitmm to ellow the mwly proluDited mes time to achieve conformence or reloc:a to m ...,..._ mae ctillrict. All of tbe e:mana IWipOtftl} employment services, wisbin& to ramm in Gf"IIDOD in Eaprwood, 111111t ~ end IUbmit to the Conditional Use process. GiWD the -of time 118( 11 y fir business relocelioa and the Conditional Use process, Slaff' recaOMmrwts • a lix maadl .. ricmfiH11WAPe period," commenc::ina on tbe date the am,:ndment goes into effect, be induded • a J*t of tins .........,.,, flNANCIAL IMPACT; The financial cost to the City of adoptina the Plaaamg Commission's recommendation is difficult to determine. The direct loss of revenue is timi1l:d to the lrmpOlftl} employment services license fees. LIS'[ Of AT[ACIIMEN'[S; Case Number OR 97-01 Scaff'Report Case Number OR 97-01 Findinp of Fact Bill for Ordinance 3 . ' .., • • • <. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN TBE MA'ITER OF CASE IOR-97-01 ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO A PROPOSED AMENDMENT TO THE ) COMPREIIENSIVE ZONING ORDINANCE ) REGARDING TEMPORARY EMPLOYMENT) CENTERS ) INITIATED BY: THE DEPARTMENT OF NBIGBBORBOOD AND ~ DEVELOPMENT ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF TBE crrY PLANNING AND ZONING COMMJS.gON This matter was opened for Public Hearing before the City Planning and Zoning Commission on January 21, 1997, in the City Council Chambers of the Englewood City Hall. No testi- mony was taken OD that dale, and the Public Hearing was cominued to February 19, 1997. The Public Hearing was re-opened OD that dare; no la1imony was received, and at the request of staff the Public Hearing was cominued to March 18, 1997. The Public Hearing was re- opened on March 18, 1997 and testimony was received. The Commission cootiDled the Public Hearing to April 8, 1997. !amea 21, 1997: Commission Members Preselll: Commission Members Absem: febnwv 19, 1997: Commission Members Presem: Commission Members Ablem: March 18. 1997· Commission Members Presenl: Commission Members Ablem: April 8, 1997: Commission Members Presem: Commission Members Absem: Doupu, Dummer, Gmett, Redpalh, Tobin, Weber, Welm,Maoo Homer Coale, Romer, Mina, Tobin. Weber, Welker, Douglas Dummer.Garren Coale, Garren, Bonm, Tobin. Weber, Doupu Welker, Damar, Maoo Muon, Tobin. Weber, Welbr, Coale, Dummer, Gmell, Doupu,Romer None 1 I .. • , • • 0 I• • Testimony was received from staff and from members of the audience. The Commission re- ceived notice of Public Hearing, the Staff Repon, Comprehensive Zoning Ordinance, and ex- hibits presemed during the course of the Hearing. all of which were incorporated into and made a pan of the record of the Public Hearing. After considering the statements of witnesses, and reviewing pertinent documents. members of the City Planning and Zoning Commission made the following Findings and Conclusions . FINDINGS OF FACT 1. TBA T this issue was brought before the Planning and Zoning Commission by the De- panmem of Neigbborbood and Business Development as one step to implement the South Broadway Action Plan . 2. THAT Notice of Public Hearing was published in the EngJewood lkml!l on January 9 , 1997. 3. 4 . THAT on March 18, 1997, Planning Coordinator Stitt presented testimony pertaining to the history and purpose of the proposed amendment to address temporary employ- tr..ent centers. Mr. Stitt offered testimony that the Comprehensive Zoning Ordinance is a "permissive" ordinance. and uses that arc DDt ciled as specifically permitted arc con- sidered to be prohibited. Further testimony cliciled the fact that "temporary employ- ment services" is not cited as a permitted usc in any zone district in the Comprehensive Zoning Ordinm:c; therefore. this usc can be considered to be prohibited. Mr. Stitt 1atified to staff analysis of the issue, meetings with reprcsem.ativcs of the temporary employment service business, and with members of the north Englewood neighbor- hood. Mr . Stitt offered further rcstimouy reprding four alternatives the PlamliDg Commission could consider and reco+ooeswt ro City Council ro address the issue of temponry cmploymeDl ccmers . Mr. Slilt leSlified dial staff rec:onmemls ~ 14 , which will allow cemponry cmploymem c:emas in the B-2 Zone Disuict u a Con- ditional Use, and allow such uses in the 1-1 IDll 1-2 zone disaic1s as pamiaed mes. Mr. Stitt's ratimony also ciled requircmaD tbat would apply to all temporary cm- ploylllClll cenrers approved u Coadiaoaal Uses. Al the meeana of April 8, 1997, Mr. Stitt' s rcstimouy was in response to questions posed on Man:h lS-rcprdiDg rcvcme aeneraaon; comparative analysis of amment of lallpOrary employment ccmers by Denver, Llttlcton, and Englewood; bow businesses arc allowed to open without zoning review; clarification and justification of proposed distmce rcsaictiom: clarificalion of labor carqorics; and standards for evaluation of performance by a temporary cmploy- mem cenr.cr . THAT OD Much lS-, testimony was received from Sandy Ollema, Jessie Alsop, Carol Tomasso . Gerry Venard. Ron Gold, Reverend Clyde Miller, Linda Wbiaal, Iwcssa Lavery, Judy Dunlop. Ann Nabbolz . and John I.ooze reprdins problems the residential 2 I .. • , • s. • • t~ • '· neighborhood bas experienced with ttansicnts, littering, public inebriation. unsanitary behavior, panbanctJing and verbal abuse, which they amibute to day laborers who re- port to temporary employment ceorers. All those testifying supponm A1llmlative 11. THAT on March IS-, testimony was received from Carlene Walker, owner of Slaod-by Personnel, a temporary employment center. Ms . Walker testified it is her opinion the proposed amenrtmeor, adopting Allmmive #4 and establishing cri1eria for Condiliooal Use approval, is a fair compromise -fair to rcsidelllS and to the busmess people. Ms . Walker responded to questions posed by members of the Commission regarding Slaod- by Persooocl, noting that four restroom facilities are provided -two for womm mi two for men; that there are cigbl staff on the premises of Stand-by Pasonnel, and this office provides scrvic:c to approximalely 100 laborers daily . Ms . Walker also gave tes- timony rcprdiog behavior of the laborers she places, suliog she will not send anyone dial is ioebrialed or bas alcohol on their breadl om to a job. Ms. Walker also 11:Stified dial this busmess is open from 5:00 a.m. to 10 p.m. daily; the majority of the laborers have been tnosponed to their assigned job siles by 9:00 a.m.; that she docs not issue temporary social security llllllben; and bas no comol over laborers ooc:c they are •off the clock". 6 . THAT on April S-, tatimony was received from Crime Analyst Everhart of the De- panmcm of Safety Services, rcprdiog crime statistics in the subject area, and the City as a whole. 7. THAT on April S-, additional commems were received from John Looz.e, Judy Dun- lop, Jackie Gennaro , Beverly Baker, Ano Nabbolz, and Carol Tomuso reprdiog the on-going problems with lallpOtay cmploymcar cemrs and rcsideoa' cooccms re- garding the proposed ordiom:e 1menrtmear u too weak. CONCLUSIONS 1. TBA T ootific:ation of the Public Hearing was property giwn in the fpglcwood lfalld. 2 . THAT temporary employmcar ceorers are not compaaible witb mi 11:henely impact other permi1lm uses in the 8-2 Zone District, a c:omme.'Cial/recail zone diluict. 3 . TBA T temporary employment cenrers are not compmblc witb, mi adversely impact. rcsidcarial neighborhoods when localed io cloae proximity. 4 . THAT temporary employment cenrers should be allowed u a Conditional Use in the industrial zone districts, with dimoce rcstrictioos imposed. 3 ·--.l •. I • ' .. • • • t• ·~ • (' DECISION TIIEllDORE, it is die decision of the City Planning and Zoning Commission that 11:mpOrary employment cemers shall be a prohibited use in die B-1 and B-2 Zone Districts, and shall be allowed u a CODditioaal Use in the 1-1 and 1-2 Zone Districts, provided distance resaictiom ue met between 11:mpOrary employment cemers and residemial zone districts, establisbrnents seWns liquor eilber by die driDt or by package, and public facilities, schools, playgrounds, and pub. The decision WU reached upon a VOi£ OD a motion made at die meeting of die City Planning and Zomng CoamrissioD on April 8, 1997, by Mr. Honm, seconded by Mr. Welker, which modon Slala: Bomer moved: Wdker seconded: TM Planning Commission recommend that tM Compr~ z.oning Ordinance be a1M1IUd as fol.laws: AYES: NAYS: ABSTAIN: ABSENT: A. Tm,porary Employmmt Cenurs shall be prohibited in tM B-1 and B-2 Zone Districts. !J. Tm,porary Employmmt Cenurs shall be aJJow«t as a Condi- tional Uu in tM 1-1 and 1-2 Zone Districts, prrll!iMtl they comply with tltt following mtriaions: 1. Shall be locaud no closer than 1. 000 fe« 10 Q71J ruiMn- tially r.on«t ana. 2. Shall be located no closer than 1. 000 fe« to Q71J busiMss atllblishmmt Ucaued 10 sell liquor by tM drink or by pack.age. J. Shall be located no closer than 1.000 feet to Q7IJ public gathmng facility. school. playgro,md, or parlc. Bomer, Mason. Tobin, Weber, Welker, Coale, Dummer, Gmeu. Doupa None None None The modon carried. These Fmdinp and Coacluaioal ue effective as of the meedna on April 8, 1997. BY ORDER OI' TBE CITY PLANNING A: ZONING CC>MMISRON ................ --.--- 4 . ' • " I .. • • • t• • ,. To: Planning and Zoning Commission Tian: Robert Simpson, Director of Neighborhood and Business Development froa: Harold J. Stitt, Planning Community Coordinalor April l, 1997 P.C. Date April 8, 1997 CoapnllealiYe Zoaias Ordilluce Aaeaal•t Cue # OR 97_.l Eatabtisltills Studards wt Replatiom t'or Temporary E......, •t Senices The following information is provided in response to the requests made by the Planning Commission during the March 18, 1997 Public Hearing on the proposed regulation of temporary employment services. Q: A comparison of Police calls on all temporary empl~nt service facililiu . A: This information will be presented by teptesen1atives of the Depanment of Safety Services at the meeting OD April 8, 1997 . Q: A comparison of Police calls in this ,wigl,borltood before Sland-1,y ope,wd for busillus, and after Stand-by o~,vd for businus. A: This information will be piaemed by tep.ewutativ"CS of the Oepm1ment of Safety Services II the meeting OD April I, 1997. Q: What rn,arws are realiud fro,,, tn,parary a,ploy,,w,,t coar,. A: License Fee -$100.00 Initial Applicalion Fee SS0.00 Ammal Remwa1 Fee $25.00 Lic:eme Alllffllbnent Fee Property Tax • 7.663 milll/doU. of aaeaed value. (A business wida III aaeaed property value ofS200,000 would aeaerate Sl,532.60 in propeny tax for the City.) Use Tax on purchase of commodities med by business. (This tax is typically not collected..} Q: A comparattw analysis of rwp/atio,u in l.iltkton. 0.,,.,.,., and En,ln,ood OIi laipOHiry employ,,wnt suvicu. A: The City of Littleton aUows "!mskiUed labor balls" u a permi1llld '* in tbeir induluial zone disuic:ts, subject ro a 1,000 f'oot dilcaDce requiremeal betwem my two such uses. Uaakilled labor ball ii ddned • my real p.opmty, or llnlCQae I .. • • .,-~------------------~---. ,~ - C.. # OR 97-01 page2 IPPR5DO' Employment Services thereon, which are used. for the registration of or congregation of unskilled laborers. and which laborers remain on or about the premises for the purposes of obtaining or being transported to a job or job site. Unskilled labor is defined as non-clerical laborers who, in general, are hired to do physical labor which does not require advanced educational prerequisites. The City of Denver does not specifically list temporary employment services but considers them similar to an office use which is permitted in the business and industrial zone districts. A use permit is required which triggers an adminislrative review to defaminc zoning compliance . (Denver has experienced similar neighborhood impacts associated with temporary employment services and has utilized sttict enforcement of their Nuisance Ordinance to eliminate or mitigaie these impact.) Q: What an tlw ramifications of enforcing tlw Comprelwnsive Zoning Ordinance as ~ written. A: This will be discussed by the City Attorney at the meeting on April 8, 1997 . Q: How and why is a prohibited use licensed to open. A: There were no business or use licensing requirements at the time these uses began operating in Englewood and thus no zoning review was carried out. Q: Clarificatiorrljustification on no distance provisions between temporary employment services in B-2 and tlw residenlial districts as compared to tlw industrial districts. A: Adding distance requirements &om residential area would effectively bar temporary employment services from locating in the 8-2 zone district. It is conaadictory to, on the one band, permit a use, and OD the other band, place restrictions OD dm use dm it becomes essentially prohibited. If it is determined that the aoaI of the community is to prohibit these uses in cenain zone districts, 1ben the district regu1alioas should be amended to specify this prohibition of use. Q: Clarification of differences in labor categoria, and what typa of RrVica an J1l'OWIMd by thue te"'f10rary employ,,wnt cnrt,n. A: As provided by this ordirm, tempormy employmml mvices is defined a ID)' person, firm, partnership, aaociation or corponlioo tbll maimms a cmnl IOClllion where day laborers assemble and are cti,pltcbed to work for a 1bud party UICr, The proposed rqulmons would apply to ID)' CSlablisbment wbae laborers aaemblc and are dispatched radler than to a specific class of laborers. A copy of the Temporary Employment Services licensiq requiremenls is amcbed to mis memonndum. Q: Clarification on tlw condilions tlw COIIUIIUSion will us• to fflliuat• tlw perjon,,ance of day labor ltalls : police caJJs. rwipborltood prob/•""· what crllma will 1M IU«I. A: A copy of the Conditional U• rep1atiom, Section 16-S-21 of the Comprebemiw ZOIWll Ordinance is aaacbed to dlil memonndum. I • RCTION: S-13-1: S-13-2: S-13-3: S-13-4: S-13-S: • • '· ... CIIAPTER13 TDIPORARY EMPLOYMENT SERVI~ Definitiom LicenN llequired App:iC1MD For License Special Conditiona and Restrictions of the License Chqe of Ownership 5-13-1: DD'IN1110NS For the purpote oftbis Chapter the following definitions apply : Tempormy Employmmt Service Penoaa (normally, but not cxclmively unskilled laborers) who work and are paid oa a daily or short term buis who receiw work •niP"f"!Cs or are diapatcbed by an employment Nl'Yice to work fi>r a third party, whether paid by the apncy or the third party. Any person, &rm. partnership, usociation or corporation that maintains a cenlrll localion where day laborers aaemble and ue diapatcbed to work fi>r a third party user . 5-13-2: LICDISE UQUOU:D It shall be unlawld fbr my penoa or entity to otrer or provide tempomy employmmt .w:es in tbe City of&pwood without having &nt oblained • liame. 5-13-3: APPLICATION l'OR UCENSE Tempormy Employmmt Licews shall be ismed in ICCOfdance with Chapter 1 of this Tide. 5-13-4: SPECIAL CONDfflONS AND m:st'IUCDONS OF TIii: UCENSI:: In addmoa to the requirements of Chapter 1 oftbis Tide, tbe following special conditions and relllictiom apply : A Temporay Employmmt Liceaw may not be tnlllfeaaed to another penon or location other than dllt lilted in tbe licew appinmn. B. The temporary employmmt elblblisblneat shall provide a ckwipesed w1i1ina -1- I • 0 ~ > > ~ . 0 Jl!if!ffifi ~fl[fiJJ;fi ,•ij {,i,' '(l,i. al i tlJr(1 1 illl lrs~Jm 'J~I i ·:1 J~tll tf'ft~ I rl J t111l, '~ ~iirri Ii'~ tt.l 1il1i1ii 11Jtt· ~, I J1tf•tf1!!r 1,rlg l , lr I ·,u I ' t· I tr l ]~ir ~~1r ,l: ' sa :•I 'j") r• ] il(pl·! i· I h rt . I r , I .. , ; I . . . ! 7 I . ~ 1 ICI ~~ • • • <. \. 16-5-21: CONDmONAL USE: A Legislative Purpose and Intent. It is rccognimi that there are some uses which. subject to certain conditions and safeguards, can conform to the general character of the neighborhood to which the proposed use will apply . A Conditional Use permits the inclusion of uses into the zoning pattern which are considered to be essentially desirable to the community as a whole or to a specific area, but where the nature of the use or conditions which it may create, such as traffic congestion. density, noise, etc., influence against its location in a specific zone district without restrictions or conditions tailored to fit the special problems which the use may present. The authority is granted to the City Planning and Zoning Commission to approve Conditional Uses in specific cases after public notice and bearing. The granting of such use.shall be subject to appropriare conditions and safeguards as set forth in Ibis Section if it is determined that the authorization of the use will be in harmony with the general purpose and intent of this Ordinance. B. Application Procedure. I. An applicant must demonstrate to the City Planning and Zoning Commission that the Conditional Use application meets all of the requiremenls of the Englewood Municipal Code, as amended; and prior to final approval of the Conditional Use, all ~ts of the Englewood Municipal Code must be met. 2. The applicant must be an owner or demonstrate a substantial, continuing interest in the property designated for the Conditional Use . (Comprehensive Zoning Ord. 1985) 3. The application must be accompanied by an application fee which shall be determined by the City Council. (Ord. 6 Series 1987) C. Information to be Submitted. I . Written Statement. A written smement must be submitted with the Conditional Use application and shall contain the followiq mmifflQffl i.nmmmion: a. A statement of the present ownership and a lepl dacriplioo o{ the 1md. If the applicant is not the owner of land, the relationship of the applicam 10 the request must be Slllled. b. An explanation of the objectives to be acbicved by the p1opo911d me. includina a dw:aiption of the number and type of major users of the facility. c. If either new construction or remodeliq ii inwlwd, a clewlopment scbednle indicaring the approximate date when the COIISlrUCtioa or remodeliq can be expected to besin. the staps of construction. and the time of completion sball be pwa. d. Copies of any special agreemm11, conveyances. rauictiom, or covenants which will aovau the use, maintenance and protection of the dewlopmeat and public areas. e. Other information or exhibits me applicam deems peniDeal to the evaluation of the propoled Conditional Use . • • .. • . ..-- .. • • • t• • ' . ' ... I': f. A boundary survey. D. Site Plan. The applicant must submit a preliminary plan showing the major details of the site on which the proposed Conditional Use is to be located. This site plan is to be put on a scale not smaller than one inch equals twenty feet ( 1 • ,. 20') and in sufficient detail to evaluare the land plmming, building design, and other featmes of the proposed development. The preliminary plans must contain, insofar as is applicable, the following minimum information: 1. The location of the property with names of adjoining streets and other public ways. 2. The existing mning of the land. 3. The proposed land uses. 4. The existing topographic character of the land. S. The location of all existing and propoaed buildings, structures and improvcmmlS. including typical elevations and showing the maximum height. 6. The major points of access to public ~f-way, the internal traffic and circulation systems, off-street parking areas, service areas, and loading areas. 7. The location, height and size of proposed signs. fences, lighting and advertising devices, including typical elevations. 8. Areas within the 100-year flood plain. 9. A general landscape plan with major types of materials desilP'8'J'd as to purpose. E. Requirements and Findinp of Fact. Before appn,Ying a Coaditioaal Use, the City Plaaaiaa 111d Zoning Commission shall make writlen findiap tbll the Coadi1ional Use will implement the purposes of this Ordinance 111d will, in addition, meet the followina n,quirauads: 1. Uses Permitted. The U1C IDUll be pamitted as a Coadi1ional Use ia the m distriet ia which it is propoeed to be localed. 2. The Conditional Use must be coasilleDl with the i111mt of the Compnhemiw Pim 111d the policies therein. 3. The relationship of the Conditional Use to its sunoundina aea shall be comidered ia order to mioimi;n: adverse effects to both the c:mting and ftdln development indiCIMd by the Comprehensive Zollin& Ordinance. by traftic: cuculalion, buildiJII beipt or bulk. lack of screening, or intrusions of privacy, noise. licbt, impact on boulinc, ICbools, public utilities, or aovemmemal services. 4. The number of ofr-slreet partiDa II*=-sball not be lea dam the requiNmeall of Sectim 16-S-S of this Ordinance unlal evidence preamllld to the Pllllliaa Com,niflion would jultify the reduction of off-Slreet pm:ma requinmeall. 2 ' I .. • 0 I ? • . ' - 5. The Conditional Use shall meet all other applicable provisions of the Englewood Municipal Code. 6. Other factors which. in the opinion of the Commission, will protect and promote the health. safety and welfare of the citizens. F . Application Processing. 1. Upon receipt of the application, the OepartmcnJ of Community Development shall be responsible for coordinating the review of the application by the various City departmm1s and appropriate public agencies. culrniuariug in the submission of an advisory report and recommendation to the City Planning and Zoning Commission. A copy of the advisory report and recommendations shall be furnished to the applicant 2. The Commission, after proper notice, shall hold a public bearing on the application. 3. The City Planning and Zoning Commission shall make written findings, either approving. conditionally approving, or disapproving the Conditional Use. a. The City Planning and Zoning Commission shall be the approving agency for any Conditional Use. b. A copy of the decision or recommendation of the Planning Commission shall be provided to the applicant c. All approved plans for the Conditional Use, including all modifications or conditions thereto, shall be endorsed by the Chairman of the City Planning and Zoning Commission and shall be recorded in the office of the Arapahoe County Clerk and Recorder. d. Any person or persons jointly or sewrally aggrieved by the decision of the City Planniaa and Zoning Commission may appeal the decision by the appropriate lepl action to a court of record having jurisdiction thereof. e. Any person applying to a court of record for a review of any decision made under the terms of this Section shall apply for a review within thirty (30) days after tbe dale of decision and shall be required to pay the cost of~ a tl'IDIClipt of proceedinp and tbe applicatioa for review shall be in the nature of certiorari under Rule 106 (a) (4) of tbe Colorado Rules of Civil Procedure . G. Review for Conformance. Tbc Depa.tu.mt of Community Dffl:lopNnt shall review all building permits whic:b baw been issued for tbe Conditional Uae 111d shall examine tbe consauction which bas IUCD place on the si1e to insure ooammwoc:e with tbe ~ Conditional Use. lf the use is not in coaformaace wi1b the approved Conditional Use, a stop work order shall be placed on all construction UD1iJ such time as tbe dilrapmcies are raolwd. lf it is not broupt into coaformlDce with the ~ Conditional Use witbin thirty (30) days, tbe Depanment shall report tbe violation and the terms and condmom of tbe ~oved Coadi1ioaal Use to the P!anniaa Commission. Tbc Commiaioa shall aiw wriallll nocice ID tbe CODditioa&I Use applicant and all tbe owners abunins the Coadiuoaal Uae. and sball bold a public belrina oa the report of violations submia.d by tbe Depaw Upon reYilw of tbl lllepd vioillioaa, tbe 3 •. I .. • , 2 - - • •, • '· Commission may, if it deems necessary, require that appropriate action be taken to remedy the violations. The Commission may approve such amendments and modify the approved Conditional Use. If the amendments or modifications are not approved. the applicant shall bring the project into conformance, or the Commission shall revoke the approval of the Conditional Use, giving written findings therefor. H. Compliance. Any person or persons using property UDder a Conditional Use shall operate such use in compliance with all terms of the approval of that Conditional Use. (Comprehensive z.oning Ord. 1985) 1. Revocation of Conditional Use: 1. All stipullhons submiaed as part of the Conditional Use application and all conditions impaeed by the P1aaaiq Commission shall be mainlained in papelUity with the Conditional Use. If at my time the stipulations are not implffl,fflled or are found to have been al1aed in ICOpe, applicllion or desip, the use shall be in violation of the Conditional Use approved. 2. If and wbm my Conditional Use is delmnined to be in violation of the approved Conditioaal Use, the owner or opendOI' of the Conditional Use shall be notified in writinc by the ZOIUIII Enforcement Officer of said violations IDd shall be given a period of days not to exceed dmty (30) days in which the violation is to be rectified. The notice shall Stale a time and place after the afmementioned time period at which a revocation bearing will be held if the violation bas not been rectified within the stared time. 3. Within the time Slated by the Zonina Officer in the notification of a violation of the Conditional Use, the owner or openllOI' shall reclify the violation. Upon completion of my required c:hanps, the owner or Ope:ndOI' shall notify the PlaaaiDa Division that said changes have been made. 4. Failure to rectify said violations within the time given by the Zoama Eaforcement Officer or repeated violations of the Conditional Use applicalion-.J/or coactirimw impad by the Plammll Commission shall be cause for cancellation and revocation of the Coaditiollll Use by the Planning Commission. A belrina shall be conducted by the Pllaaina Commiaion prior to my revoc:alion. Notice of belrina shall be provided u required by Secaoa 16-2-10, Public Nolicel. subsection A. which dacn"bes lep1 publication. The teVOCIDClll of the C'.oodiMall U• ..0 require the applicant to vacate the pnmises or stop the use allb&xiad by the ipiliOved Conditional Use. After revocation, the applicant may reapply for a Condmonel U• pm-ID the procedures outlined above. (Ord. 34 Series 1916) 4 • < .. 0 l • • To: lbna: From: Date: Sllbject: REQUEST: 0 .~ - MEBOR .\}DUB Planning and Zoning Commission Robert Simpson, Director of Neighborhood and Business Development Harold J. Stitt. Planning Community Coordinator March 14, 1997 Comprehaaive ZolUIII Ordiauce Amendment Cue # OR 97-01 Establiab.iac Scudards aad Replatioas for Temporary Employllleat Services Staff requests that Planning and Zoning Commission approve the proposed amendments to the Englewood Comprehensive Zoning Ordinance which regulate temporary employment services in 8-2, 1-1 and 1-2 zone districts . These amendments an: implementation steps of the South Broadway Action Plan. RECOMMENDATION: Staff ncommends that the Plaaaiq Commission approve the proposed temporary employment services amendments wbich prohibit temporary employmeat services in B-1 zone diltrict, permit temporary employment services a a Conditional Use in B-2 zoae diltric1s aad permit temporary employment services ia 1-1 aad 1-2 zone diatrictl sabject to diltuciac conditions. BACKGROUND: In early 1996, the City Council beard from residents who expressed concern about the general condition and perceived decline of the South Broadway business corridor. Of particular concern to the residents were the impacts associarcd with the combimlion of lempOrmy employment services, pawn brokers, retail liquor stores, and bars locatina in close proximity to one another and bordering on their neighborhoods . City Council 's response to these concerns wu to direct the Department of Neighborhood and Business Development to study these oeipborhood issues, as well as business related issues, in the broader context of the entire South Broadway corridor and to suggest appropriate strategies to address the concerns. During 1996, NBD staff facilitated a series of community meetinp to pin the residential and business perspectives on the important issues within the South Broadway corridor. In addition, the staff conducted a physical inventory, market analysis, and a land use analysis of the Saudi Broadway corridor as an adjunct to the community meetings. When taken fOldher, this research ; • , • • I• • Case# OR 97-01 pqe2 Tpppppry Employment Services served as a basis for the South Broadway Action Plan and the subsequent Zoning Ordinance amendments proposed to implement the Plan. The staff analysis of the South Broadway backgrolUld research confirmed that a common set of the concerns 'Nel'e generally shared by all residents living adjacent to South Broadway. Generally, these concerns 'Nel'e a high number of transients in the area. public drug and liquor use and unsanitary health practices. The analysis also found that concerns expressed by the Bishop School neighborhood about the negative impacts associated with temporary employment services were commonly felt throughout the corridor as well. These impacts were related to the a high number of transients in the area. public drug and liquor use and unsanitary health practices, and were linked, in part, to the presence of a combination of businesses that individually, it was felt. would not generase these impacts to the same degree as when in close proximity to one another. Also, the raidents stated that since most temporary employment services opened for business earlier in the morning than most other businesses, the noise and congestion of significant numbers of employees congregating in front of these businesses was also a legitimate concem. The raidents concluded that taken together, these impacts were threatening to their personal safety and to the quality of life of the neighborhoods. ANALYSIS : Temporary employment services is defined as any person. firm, partnership, association or corporation that maintains a central location where day laborers assemble and are dispatched to work for a third party user. The staff analysis of the regulation of temporary employment services began with a review of the current regulations of the B-1, B-2, 1-1, and 1-2 zone disrricts to determine the staDdiDg of this use . To begin with, the Comprehensive Zonina Ordinance is a permissive ordinw:e. This means that a use is permitted only if it is specifically I.isled in the reau)ations u a permi1led principal use . Temporary employment services are not spec:ified u a permitted use in my of the zone districts and thus must be presumed to be a prohibited use. Likewise there is no record of any legislative or adminislrative determination having been made that tempormy employment services are permitted in these zone districts. · With this as background. the staff then reviewed a number of alternalives relative to the land use regulation of temporary employment services. These alternalives ranae from mainh!inioa their current prohibited swus in 8-1, B-2. 1-1, and 1-2 zone dislric:1s to permitting them in thole districts. The goal of the Department is to propose rqularions that balance the needs of the business and raidential iDlereSIS in the community and that are consistent with the South Broadway Action Plan. Having established that there are impacts associated with tempormy employment services and recognizing that a demand for this type of use or service exists in the community, the followina alternatives were selected for further analysis as the most appropriale given the identified needs of the community. They are : I. Prohibited use in the 8-1, B-2. 1-1, and 1-2 zone dislrict. • . ' I . .-- ., • 0 I ~?. I • . ~ - '· Cae # OR 97-01 IPPP9PCY EmakmPsm Servjces 2. Prohibited use in the 8-l and 8-2 zone districts Permitted use in the I-l and I-2 zone districts. 3. Prohibited use in the 8-l zone district. Permitted use in the 8-2, 1-1, and 1-2 zone districts. 4. Prohibited use in the 8-l zone district. Conditional use in the 8-2 zone district. Permitted use in the 1-l and I-2 zone districts. pqe3 Tbe first alternative, while consistent with this use's current prohibited status is not consistent with the preferred strategies of the South Broadway Action Plan which states that removing a business from a zone along South Broadway would not be a prefened strategy if the business's adverse impacts could be effectively addressed through a permit or license review process. The secom:i alternative maintains the use's current status in the 8-l and 8-2 zone district while permitting it in the, 1-1, and 1-2 zone districts. Like the tint alternative, this alternative maintains the use 's current prohibited status in the 8-1 and 8-2 but is not consistent with the South Broadway Action Plan's preferred strategy. The thint alternative maintains the use's current prohibited status in the 8-1 zone district while permitting it in the 8-2, 1-1, and 1-2 zone districts . However, this approach fails to address the identified impacts associated with temporary employment services . The fomtb alternative is consislent with the preferred straregy of the South Broadway Action Plan and meets the goal of tbe Depaatweut in terms of balancing the needs of business and residential interests of tbe community. The preferred Alternative #4 would add the following provisions to tbe Comprcbmsive Zoning Ordinance: 16-4-12 : 8-2 Business Disttict E. Conditional Uses. 5. Temporary employment services sball comply with tbe following conditions: a. The business shall be lic:emed by the City. b. The business shall be located no closer than 1,000 feet to another temponlly employment service business. c. The business shall be located no clOler than 1,000 feet to a business establishment licensed to sell liquor by tbe drink or by peckaae. d. The hours of operation shall be limited to 5:00 a.m. to 7:00 p.m. e. The business shall comply with the Landscaping Ordinance, Section 16-4-18, of this Title. f. The Planning Commission shall annually certify that tbe use is in compliance with all approved conditions. In tbe nem the use is determined to be in violation of the conditions, tbe Conditioaal Uae shall be revoked. 16-4-13 : 1-1 Liabt Industrial Disttict C. Permitted Principal Uses . 16 . Temporary employment services L The business shall be lic:emed by tbe City . •. I .. • , • ,.. • · ... • ,. C.. # Oil 97-01 pap4 Innrrm fn+ ,-,,, Seryices b. The business shall be locatcd no closer than 1,000 feet to any residentially zoned area. c. The b11siaess shall be localed no clOler than 1,000 feet to a business esreblitbmeat licemed to .O liquor by the drink or by pacbae. d. The.,.__, shall camply with the Landscapina Ordinance. Section 16-4-18, of1bis T"ttle. The pn,pcwt orclilalce piopoas to .. .,...,,..,w" all mmDI lempOl•y employment la'Yices wilb niapect to 1be dilfww:i• .equiaw but will subject 1blm ID cunplimc:e wilb all of the oda amili!m The c1iwe will be wnd by tbUowiaa a .._ line &om 1be maat point of a property line of the lliilpCiiaf empkrymmt semce ID 11e11e11 point of the pu,pwty line of lbe lpeCified 111e or mae dilllict. Stand-By Inc. ofDeawr Allied Forces Temporary Services Labor Fiuden of Coloado lac. Peakload Inc. of America :, ·-•= ~:, 2901 Soudt Broadway 3974 Soudt 8-dway S Wea Radcllif Awmae 27S6Soudt 2911 Soudt Baoe.lway 3600 Soadt Slnlet ' , •. 0 , I • ' ' . ~ • (. Ji Ji I ~ 21CDL ,_i f I I J --• cw!..'t---t--MI 2JIIIL ffllllS. ~~-f!-...a+~~~~~l+++IFll+fiMm'ffli'l--1~ City of Englewood I ..... ~~Wl!Ml++Mt~~tf.l..,,,.,,.~...-C...,.. I -~~..++ra-a,t,:=~=?"'-U.S. a5 I Qualified Industrial areas for Temporary Employment Services & Existing Temporary Employment Services • Liquor Sales -Packqe or Drink i .. • , .--------------~---------------~ OB.DINANCE NO. _ SERIES OF 1997 • • '· BY AUTHORITY ABIIUOR ,; COUNCll. BILL NO. 47 INTRODUCED BY COUNCll. MEMBER WAGGONER AN OB.DINANCE AMENDING TITLE 16, CHAPl'ER 4, SECl'IONS 10, 12, 13 AND 14, AND CHAPl'ER 8, SECl'ION 1. OF THE ENGLEWOOD MUNICIPAL CODE 1986, TO SPECIFICALLY PROHIBIT TEMPORARY EMPLOYMENT SERVICES IN B-1 AND B-2 BUSINESS DISTRICl'S AND TO ALLOW TEMPORARY EMPLOYMENT SERVICES AS A CONDfflONAL USE IN THE I-1 AND I-2, INDUSTRIAL DISTRICl'S, WITH DISTANCE RBQUIRBMENTS. WHEREAS, the City Council of the City of Englewood, Colorado bu eet the 11)81 of improviD( the buaineu and rmdential quality of life in the City; and WHEREAS, the 1979 Enaiewood Comprebmaift Plan aims to create a balance of commercial 1111811 to reflect the character of the neighborhood; and WHEREAS, temporary employment services are not currently a specifically permitted use in any zone district in the City; and WHEREAS, the En,lewood PlanniD( and 1.oaing Commiuicm bu found that Temporary Employmellt Servicea are not a UN wbicb ia compatible with or limilar to other uaa in B-1 or B-2 dimicta; and WHEREAS, many induatriel utilile the ~ of temporary employment ..,,_. u a rm al aap&o,w whim maba an illd1Utrial diatrict the ...... ed locatioD tbr auch -: and WHBBEAS, tbe c:imma al the City haft a+ uatl CGDCm111 reprdiq the loc:aaan al teaporary employmmt ~ in the Ba,lewood community becaUN of the lup Duaban al~~ and WHBBEAS, the ywy early and late baan al operman altanpanrJ emplo,malt ~ affect the quality of life of !Mlj-t reaidmtial and buaiw naipbarbooda; and WHEREAS, the PlaDDiDI and 1.oaing Commiuiaa fiNnd it appropriata to clNl with other iuuea auch M baan of operation M part al an iDdmdual caadit:iaaal UN hearill(; and WHEREAS, diatanc:ina requirements of~ fNt in the iDdutriaJ. areaa betwWl apecifled buaiw would halp allmate tba wxmdarJ ....... c:raW bJ ti-. buaineaaea; and WHEREAS, public hNriDp -bald bJ tba .....,_. Plamaiq and 1.oaing Commieaiaa cm January 21, 1917, p..,_,, 19, 1117, lluda 11. 1117 IDII April, 8, 1917; I • 0 • • <, ... ,. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU.. OF THE CITY OP ENGLEWOOD, COLORADO, AS FOLLOWS: Sec1;i111 1 The Enciewooci City Council hereby amenda nt1e 16, Chapter 4, Section 10, Sublec:tion E, by adding a new Parqraph 9, which lb.all read u follcnn: 16+10: B-1 BUSINESS DISTRICT: E. Prohibited u-. L 2. 3. 4. 5. 6 . 7. 9. Adult ent.ertainmmt and Nrvice eatabliabmmta. Manufacturing. Outdoor ltorap of materiala, aupplies and equipmmt OD private and public property. The outdoor display, atmap or Ale of c1otbinc or bouaebold ~. fmniture or odm' itema commonly uaed in a home, wbather cm private or public property. Warebouaing ofproclucta or itema not eold cm the pn,auaN. Sale at wboleaale . Sales or Nffice activity lbaD nat be allowed from my temporary *w:tuft or vehicle uaJw a baildia, parmit applicatioa baa bem 1abmiUad fir a permanem baildia, or ibud:me 1111 replam the taq,anry ltndare. TBIIPOBAJlY BIIPLOYIIBNT SDVICBS NJ DBFDIED BY AND WHICH AD BBQUDlED TO BE LICBNBBD UNDBR 'ftTLE 5 OP THIS CODB. Sgt:igp 2. The Eqlewood City Council hereby ammda 'fflle 16, Chapter 4, Sedioa 12, Subaec:tioa P, by addinc a new Parqraph 7, which lb.all read u follcnn: 16+12: B-2 BUSINESS DISTRICT: F. Prohibited u-. 1. ManufacturiJlc. 2. Outdoor ltianp al mmriala, mppliaa wl eqaipawat cm pmat,e and public proparty. 3. 4 . 5 . The outdoor cmpl&J, .._... ar aaJe afhaaaabold ,qiptiancw, fmuitun, or adlar-itama cmmaimly aaad in a blme, wbatbar cm pmatia or public proparty. WanbNwin1 af pndacta ar U-not aald cm daa pa -a. 2 • • I" • • '· 6 . Sales or service activity shall not be allowed from any temporary structure oc vehicle unleu a building permit application bu been IUhmitt.acl for a permanent building or structure t.o replace tbe temporary structure. 7. TEMPORARY EMPLOYMENT SERVICES AS DEFINED BY AND WHICH ARE REQUIRED TO BE LICENSED UNDER TITLE 5 OF THIS CODE. Se1m 3. The Bqlewood City Council benby ameada Title 16, Chapter 4, Section 13, SabNcticn J, with tbe additioa of a -Pvqrapb l(d), which shall rwl u follow,: 16-4-13: I-1 UGHT INDUSTRIAL DISTB.IC1': J. Ccmditiaaal u-. Provided tbe public iD.t.erNt ia fully protected and tbe follawiq -are apprc,nd by tbe City Planniq and 1.oaiq CommipicJa and City Council: 1. u .. ,. a . Aut.omobile wreckinr yarda and jmak yarda. (1) Any automobile wreckinc yard or jmak yard opeaed after the 61:tiff daie of tbil OrdiD.aDce lhall be OD a parcel or 8lijoiDinc parcell al not leN than cme acre but not t.o aceed oae and -half (l 1/1) -· (2) Any aatmlabile wreckiq yard or jmak yard appl'OYed panaant to tbe prcmaiaaa al tbil Ordinance or any aimD( aat,wobila wrec:kiq yard or j1IDk yard upwled aader tbe prcmaiam al tbil OrdiD.aDce, lhall be let back DO lml tban cme lmDdred tlftJ feet (UIO') 6,a tbe boaadary line al uy relidential IGll8 diatrict. (3) Any autmlabile wreckiq yard or j1IDk yard appro9ed punuant to tbe pnmaiau al tbil Ordinance shall be mdaaed OD ita perimater with a IOtid, Dlllltnupanmt -.wt:ical wall or r.-with a minimum beipt al m feet (6') and a muimum altwelve feet (12') meuured 6-pvwld 1-1. Feaeea al _. win or cbainJink material& shall be prohibitecl. (4) Any automobile wreckinc yard or j1IDk yard ..,.,.,,.... punuant to tbe prcmaiGm of tbia OntiDanaa and all yardl aiadnc Oil tbe 6ctiff date ar tllil OrdimDce shall ccap1y with Cbapta-10, Title 5 oftbe Bqlewood lllllliapal Code, u aardccl. rtitled Allto Wnc:11:iq and J1IDk Yuda, and all ot.bar appUcaNe codea or ~- (5) Any aatmlobile wreckinc yard or junk yard wbicb ia ...... bytbeCity of ........ tbe6diftutaoft:bia Onlillmm lball be~ t.o be u app1ov611 yard wbatmr or not it bM a minimum UN of cme acn, ad lucb yard may be apen :lect cmto abuttiD.s property, prorid6ll that IUCb apen W 3 I .. "' • , . , . ·, • ,. b. Amuement estuliwbmenta iDdudiq, but not limited to billiard balla, bawliac ane,., coin-operated ,-., daace balla, eJemaaic or video pmea, Dicbt claba, out.door commercial rec:reatiaaal faciliti•, pool balla, CII' lkatiq rinb. c. B.ecydmc operatiom, iDdudiq bat aat limited to tbe procNainc al batt.eriea, caaatructioD WMte, ,i-, metals and/or alloya, paper, plutica and tirN, adudill( tbod wute, automobile wreclmic yuda and junk :,uda M cited ill IUbw:tiCIII 16+ 13Jla. Buy back centan that do DOt ~ recyded mat.eriala and It.ore their mat.eriala within m mdoaed muctme or a roll-oft' container, Nmi-trailer, or limilarlJ Nlf-contaiDed apparatua lball be~ from thia mbw:tiaa Jlc. (1) Any rec,ded material mmafa. t...r-mc opmu,d after tbe 6ctiYe date al thia nbw:aaa Jlc lball be located OD cme or more contipoaa pu,:el(1) wmcb total area llhall not be leu than one acre. (2) 'lbe IIUUlufacturiq and ltorap of all pro ca•ed and unproceued materials wball be endoaed with a solid, non-tramparent vertical wall or fence with a muimum beipt of eight feet (8') OD the parcel{1) frontap and twelve feet (12') OD the pu,:el(1) Iida and back boaadariea. FeDCel of -plutic, wire or chain liDt llball be prohibited. (3) 'lbe ltoc:lqrilinc of all prac1111il and U1lp1'Dc111ed materiala llball not -=-I the bapt al the wall CII' ,.__ (4) No more tbm NVeDty he pen,ent (79) alt.be pm,:el(1) total size may be utilized fbr the...,... alpracnHII or mqmc1111r:l material,. (5) All recycled material manafadarin( buei1tttN1 operatiq muter a conditional UN prcmaion llball be IUbject to ,-rly admmiltrative compliance reri9w of the adapted coaditiam. cl. TEIIPORAllY BMPLOYIIENT BUSDIBSSBS AS DD'INBD BY AND WHICH ABE RBQUIBBD TO BB LICENBBD UNDO TITLE 5 OF TIUS CODB, SHALL COMPLY WITH THE FOU.OWING REQUDlBIIBNTS IN ADDfflON TO THE PROVISIONS OF 16-5-21 B.Jl.C.: (1) SHALL BE LOCATBD NO CL08Bll THAN ONE 'fflOUSAND FDT FROM AMY RESIDENTIAL ZONE DISTJllCT. (2) SHALL BB LOCATBD NO CL08Bll THAN ONE 'fflOUSAND P'DT FROM AMY BSTABLISIDIBNT SELLING ALCOHOL BY TRB PACKAGE OR DBDflL 4 :':!!. -" ... , ... ~ ~-.... <It.......,, 'a'> "'~ I .. • 0 , • • • ·, • ,. \, , (3) SHALL BE LOCATED NO CLOSER THAN ONE THOUSAND FEET FROM ANY PUBLIC GATHERING FACILITY. <•> WITH RESPECT TO THE DISTANCING B.EQUIB.EIIENTS IN THIS SUBSECl'ION BETWEEN A BUSINESS PBDUSE FOR WIUCB A TEMPORARY EMPLOYKENT SERVICE IS PROPOSED AND ANOTHER USE, THE DISTANCE SHALL BE MEASURED BY FOLLOWING A STRAIGHT LINE FROM THE NEAREST POINT OF THE PROPEllTY LINE OF THE BUSINESS PBDUSE OF THE PROPOSED TEMPORARY EMPLOYKENT SERVICE TO THE NEAREST POINT OP A RESIDENTIALLY ZONED DISTRICT OR THE PROPERTY' LINE OP THE SPECIFIC USE LISTED. Sed:im 4 'nle Eqlewood City Council berebJ ameada Title 16, Chapter ,, Sectim 1,, Sabw:tion I, with tbe addition of a -ParacraPb ', which aball read • followa : 1&+1,: 1-2 GENERAL INDUSTRIAL DISTRICT: I . Coaditional u-. Pnmded tbe public iDtenat ia fully prot.ec:ted and the CoUowing UN ia approved by the ConnaiuiOD: 1. Dump. (See Chapter 16-5 oftbia Title, General RecuJatiana.) 2. Amwt eatahliebmMta iDdudin,, but not limited to, billiard balla, bowliDf alleys, c:oiD-operated pm•, duce balla, electroaic OI' video pm•, Dipt duba, outdoor COIDmm'Cial nc:reatiaaal facilitiea, pool balla, OI' uatiq rillb. 3 . BeeydiDr operatiaaa, inclDlfinc but not limitlld to tba Jll'IIClalDII of battenet. CIOllatnctiOll .................. wJJ« .00,., ....... plaatia, and tir9I aball llllllt cmctitime a tbnap e, • W blllolr . Food wute, automobile wncldllc yard, and jaak yard, • med ia eubeectiaD 16-+l&Jla altllia Cbaptar-are acladN. Bay bect ...-. that do not..-NC,-.1 mataiala ......... emir ....... within aD eaclaeed etndaie •• rall-cd' c:mtain-, ~-tniler •• eimilarly eelf-coatained apparatua aball be aumpt rr... tbie eubeec:tion 13: a. Any rec,decl material mmafadarias opmad aftar tha e6ctive date of tbia eabeec:tioD 13 aball be locatad OD -or more COlltipoae parcel(•) wbicb total .,. aball not be i.. thmoae acre. b. 'nle manufactmiq and etonp al all Jll'II I d md unprac1111d mataiala aball be mcJwd witb a ealid, DOD-tna.epannt "'1:lcal wall • ..._ witb a meneam beipt ol lipt W (8') Oil tba pucel(1) t...., ad tw9lft r.t (12') OD tba percel(e) eide and beet boaadariee. p__, al -plu:ic, win • c:baia liak aball be pnllillitled. 5 . , I .. 0 '32xl 0 • • • c. 'l'be wtockpilinr al all proc11NCI uui unpraca11ed materials lball 11111& 8IICNd die baipt altbe wall or fmce. d. Mo --tbm ......ty h9 pen,mt (7K) alt.be paratl(a) t.at;al lia ma, be aliliad fir tbe ...._. al pra c 1111 cl or mapria c 1111 cl materiala. •. All rec,ded matarial manafactarinr bu'c 111 I I operatinr andar a cmditicmal -i*Gtilliuia aball be mliject to ,-dy adnlinillt:radf ............... alt.be ....... amditim•. '-TSIIPOIIAltY BIIPLO'DIDIT BU8DIBIIUS AS DBl'INBD BY AND WRICH ABB DQUDBD 'l'O D UCDIIIBD mmD TlTLB I OP TRIS CODB, SIIALL COIIPLY WlTB 'l'BB POUOWIHG BBQUDlBIIBN'l'S IN ADDfflON TO TBB PROVISIONS OF lN-21 IUI.C.: A. SHALL BB LOCA'l'SD NO CL08Bll TRAN ONB THOUSAND PDT PBOII ANY DSIDDfflAL 1.0NB DISTRICT. B. SHAU BB LOCATBD NO CL08Bll TRAN ONB THOUSAND PDT PBOII ANY ISTABUSBNBNT SBLLIMG ALCOHOL BY TBB PACIWJB OR DRINK. C. 8IIALL BB LOCA'l'IID NO CI.OIBP 1'IIDf ONB TIIOtJ8AND FIIT PBOII ANT P08UC GATBDING PACILITY. D. WlTB D8PIICT 'l'O TBS Dlll'l'ANCIIIG DQUDrmTS IN TBl8 8Ull8ICftON BBIWW A BIJIIINW n8'88B8 POR WRICH A 'l'DIPOM&Y DIPLO!NDIT SSRVICB 18 PBOl'OaD AND AlfCffllD ua, TD Dl8TAMCB 8IIALL BB IIBA8umm BY POUDWDfO A 8ftAIOll'I' LINE PBOII 'l'BB NBAIIB8T PODIT OP TBB P80PIIIL'ff LINE OP 'l'BB ammrm PPDfJ8P8 OP TBB P80POBII) 'l"IIIIPOIIAn' BIIPLOYNSN'l' SSRVICB TO TBB NBAIIB8T POINT OP A DSIDD'l'IALLY ZOND DlllftlC'l' oa TBB PBOPIIIL'ff LINE OP TBB .-.C:Dt.:: UBS Ll8'l'BD. ff de A flla 1qt wood a&,C--1--,__.'!We 11, a.a,., I, 8ectila 1, with tbe additima al a new WL, iffe, wlllcb aball Nad • llllon: PUBUC GA'l'IIDING PACIU'ff 18 LllllftD 'l'O ICBOOUI, PUJILIC PAIIB, PUBUC DCDAflON CBNIW AND PUBLICLY iDiNfiri&D ORN IPACSII. 6 - - • . .. • ,,. C. 1be stoclqriliq of all proceaed and Ullpl'OCHHd materials lball aot -=-I the baipt ol the wall or fmlCII. cl. No mare than ..,.ty he peftmt (7H,) ol the puce)(1) total ma may be utiliad for the ltllll'ap olprac1111cl or mipracnucl material,. e. All ftlC)"ded aw.rial manafacturiDc baaill11111 operatinc 1mder a condttian•I -l*Utiaiw lball be aabject to ,-rly ~ ccwaptienm rwrww ol tbe edopt.ed caaditiau. 4. TBIIPORAllY BIIPLOYIIBNT BUSINBSSBS AS DBPINED BY AND WRICH ABB RBQUIBBD TO BB UCBNBBD UNDO Tl'l'LB 5 OP TRIS CODE, SHALL COMPLY WlTR THE FOLLOWING BBQUIBBIIBNTS IN ADDfflON TO THE PROVISIONS OF 18-6-21 B.ll.C.: A. SHAU, BE LOCATBD NO CLOSER THAN ONE THOUSAND FEET FROM ANY RBSIDBNTIAL ZONE DISTBICT. B. SHAU, BE LOCATBD NO CLOSER THAN ONE THOUSAND FDT FROM ANY BST..ttll ISBNBNT SBLLING ALCOHOL BY TRB PACKAGE OR DllINlt. C. SHALL BB LOCATBD NO CL08BB TIIBN ONE THOUSAND FDT FROM ANY PUBUC GATRBRING FACILITY. D. WlTR USPBCT TO TBB DISTANCING RBQUIDIIBNTS IN TRIS StJmON BBIWDN A BUSINBSS PRJDOSBS ll'OR WRICH A 'iBIIPOa.\aY BIIPLOYIIBNT DKVICB IS PIIOPOBD AND AMOl'IID tJaa. '111B DISTAHCB IIIALL BB IIJWJUUD BY l'OUDWING A STMIGBT LIMB ftOI( TRB NKAD8T POINT OP 'l'BB PIIOPBlft'Y LIMB OP '111B BUIIINm nl'IOBl'S OP TRB PIIOPOIIBD 'l'DIJIOIIA&T BIIPLOYIIBNT BaVICB TO '111B NKAD8T POINT OP A DSIDBNTIALLY 1.0IIBD Dl8'l'IICT OR TIIB PBOPDTY UNB OP TRB SriCDiC UBI LISTBD. Sertim 5. TIie ......,_ City Coaacil......, ._. ffiJa 16, Cbaptar 8, Sedm 1, witb the additiaD ol a -definittcm, wbicb lball Nlld u IIUon: PUBUC GATHBlllNG FACILITY IS LIIOTBD TO SCHOOLS, PUBUC PABD, PUBUC UCRBAflON CBNTBlt8 AND PUBUCLY IDBNTIPIBD OPIN SPACBS. . , •. .... " 11 I I I~! lil~lllll Ill l~!f~ ffl!'f! l ! l I 11 1~,t1!i 1 i; tttr tf~111 1 ll '; . f · il'tl·l::J~ ii' 1•!11. l11',1f I l a. ! a· I . l ii z i ij. a I· r f ;· a ! f ! fl ,~J ~j~:f t~ 1:t. lal~Ji ·lfirli: : ~ r . JI ,rJilhf · . ft . ,~1d r11J ,ii l I I l a. J1l&i1~, l t 11 J r'Ji I i f j i F ·H~i't ,~, .. •. il'hJ I~ i f f -ti•J1tJf·i l. t1fl ttJtlr I a. I .... 111 · 1 · . ! 11 f ' ii ~ " l l i ~ f ; t iii 8:111 . I . s:·!} t!f J) 1, i ~ l .!,· t' rr itffa. 1o'a.a.· i · . , ,,1r,~.! ti ,l!f. 1llrtl I ' .~ I · I ' ' ' ,. ' '' ,, . ,· I . . -. \ ... . . ' I , . . , ' ' • • .. · ... • 'l'bomU J. Barna, lla,ar ATTBST: t,oa,criabi• A. Bl1ia, CitJ Clark ~._,_,._-. .... .,..a1. ....... al.------_ ... _______ .,. ......... -............. ~-. ill fall. aDll pMNII • d W GD the 211d daJ of June, 199'7. 8 0 ··-.. --~ ' . , . . . I . ... ~. " . I ~, ~~ I I I . . ~ I it~ 1·· .i· ~Iii .~ C I > I ; I i .. N 1 11 I J lo-- ·1 IJ '5 Ir. ~ 11·1il! Iii I; i 6 · 1~1 11 Bl j ! 1,ls; i 1lf ·• f -6116 I .. 11 1• I I ~!:1 = 'I' I I •1 ... ; I I I I I~ .. J I a ! I 11.111 I I lf 1 111 !·1 Ii 11 !i1• f i •• !• 1, !1 I •It 1·1 '1 ,•I• f•I 'i f~,·a 1111) fl1I .!I I ;~ .: t f111~1 I i6 -1·11 , .. a. i1 I I• if !i 1! J 1 1•· 11 · Ji ~e l,J ~,l11l1 5 I ,II ,!I ! Ii:§§ I .. I ~ I 5 I ORDINANCE NO . _ SERIE.S OF 1997 • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 44 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE ENACTING A NEW TITLE 5, CHAPTER 16, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUTOMOBILE PAWNBROKERS AND WIDCH REMOVES AUTO PAWNBROKERS FROM ORDINANCE NO. 25, SERIES OF 1996 WIDCH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood City Council eatabliahed a temporary IIU8pl!D8ion or moratorium of certain mucellaneoua buaineu lic:enaes for a period of m months with the paasage of Ordinance No. 25, series of 1996; and WHEREAS, the moratorium or temporary BUSpenaion included Auto Pawnbrokers licenses; and WHEREAS , the liceme muat be con.spicuously diaplayed so its validity can be readily determined; and WHEREAS, the liceme iB apec:ific to the location and liceme holder due to zoning and criminal bacqround isaues surrounding thia liceme; and WHEREAS, the liceme requina a bond to Ulll1lftl all requirement& contained in this Title 5 and Chapter are followed and all cuatomer property iB returned by the license bolder; and WHEREAS, the liceme bolder muat have inluranm in an amount sufficient to cover IONN that would otbenriae be borne by c:uatcmen of liceme bolder; and WHEREAS, the liceme bolder muat aubmit to a bacqround c:bec:lt to protect the public from the pouibility of dealin, with stolen automobiles; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : 5ec;tiqp 1. The City Council of the City of Enpewood, Colorado hereby enacta a new Title 5, Chapter 16, of the Englewood Municipal Code 1986, entitled Automobile Pawnbrokers which aball read u followa : I· • SECTION: • • • <. CBAPl'Ell 18 AUTOMOBILE PAWNBROKERS 5-18-1 : DEFINITIONS 5-18-2: LICENSE REQUIRED 5-18-3 : APPLICATION FOR LICENSE 5-16-4 : SPECIAL CONDmONS AND RESTRICTIONS OF THE LICENSE 15-11-1: DBFINITION8: FOR THE PURPOSE OF THIS CHAPTER, THE FOLLOWING TERMS, PHRASES, WORDS AND THEIR DERIVATIONS SHALL HAVE THE MEANINGS GIVEN HEREIN. AUTOMOBILE PAWNBROKER : CONTRACT FOR PURCHASE: FIXED PRICE: A PERSON REGULARLY ENGAGED IN THE BUSINESS OF MAKING CONTRACTS FOR PURCHASE OR AUTOMOBILE PURCHASE TRANSACTIONS IN THE COURSE OF BUSINESS. THIS CHAPTER SHALL NOT APPLY TO NEW OR USED AUTOMOBILE DEALERS UNLESS SPECIFICALLY ADOPTED BY ANOTHER SECTION . A CONTRACT ENTERED INTO BETWEEN AN AUTOMOBILE PAWNBROKER AND A CUSTOMER PURSUANT TO WlDCH MONEY IS ADVANCED TO THE CUSTOMER BY THE AUTOMOBILE PAWNBROKER ON THE DELIVERY OF TANGIBLE PERSONAL PROPERTY BY THE CUSTOMER TO THE AUTOMOBILE PAWNBROKER ON THE CONDmON THAT THE CUSTOMER, FOR A FIXED PRICE AND WITHIN A FIXED PERIOD OF TIME, NOT TO EXCEED NINETY (90) DAYS, HAS THE OPTION TO CANCEL THE CONTRACT AND RECOVER FROM THE AUTOMOBILE PAWNBROKER THE TANGIBLE PERSONAL PROPERTY. THE AMOUNT AGREED UPON TO CANCEL A CONTRACT FOR PURCHASE DURING THE OPrJON PERIOD . SAID FIXED PRICE SHALL NOT EXCEED: (1) ONE-TENTH (1/10) OF THE ORIGINAL PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS OF FIFTY DOLLARS ($50.00) OR OVER; OR (2) ONE-FIFTH (1/5) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS UNDER FIFl'Y DOLLARS (S60.00). -2- • • .. • • • - FIXED TIME: THAT PERIOD OF TIME, NOT TO EXCEED NINETY (90) DAYS , AS SET FORTH IN A CONTRACT FOR PURCHASE, WITHIN WHICH THE CUSTOMER MAY EXERCISE AN OPl'ION TO CANCEL THE CONTRACT FOR PURCHASE . LOCAL LAW ENFORCEMENT AGENCY: ANY MARSHAL'S OFFICE, POLICE AGENCY, OR SHERIFF'S OFFICE WITH JURISDICTION IN THE LOCALITY IN WHICH THE CUSTOMER ENTERS INTO A CONTRACT FOR PURCHASE OR A PURCHASE TRANSACTION. OPTION : THE FIXED TIME AND THE FIXED PRICE AGREED UPON BY THE CUSTOMER AND THE AUTOMOBILE PAWNBROKER IN WHICH A CONTRACT FOR PURCHASE MAY BE, BUT DOES NOT HA VE TO BE, RESCINDED BY THE CUSTOMER. POLICE DMSION: THE POLICE DMSION OF THE DEPARTMENT OF SAFETY SERVICES FOR THE CITY OF ENGLEWOOD . PURCHASE: THE PURCHASE BY AN AUTOMOBILE PAWNBROKER IN THE COURSE OF BUSINESS. 5-18-1: UCBNBB BEQUIBED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO OFFER OR PROVIDE THE SERVICES OF AN AUTOMOBILE PAWN BROKER WITHOUT FIRST OBTAINING A LICENSE . 5-18-3: APPUCA'ftON FOR UCENBB: AUTOMOBILE PAWNBROKER LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER 1, OF THIS TITLE . 5-lM: SPECw. CONDfflON8 AND IIB8'l1IICTION8 OF '111B UCENBE: IN ADDITION TO THE REQUIREMENTS IN CHAPl'ER 1 OF THIS TITLE, THE FOLLOWING SPECIAL CONDfflONS AND RESTRICTIONS APPLY: A. EVERY LICENSEE SHALL DISPLAY A VALID LICENSE IN A CONSPICUOUS PLACE WITlUN THE AUTO PAWNBROKERS ESTABLISHMENT SO IT MAY BE READILY SEEN BY PERSONS ENTERING THE PREMISES . B. LICENSE NOT TRANSFERABLE: ANY LICENSE ISSUED PURSUANT TO THIS CHAPTER SHALL NOT BE TRANSFERABLE . ANY SUCH LICENS~ MAY NOT BE TRANSFERRED TO EITHER ANOTHER PERSON OR A LOCATION OTHER THAN THAT LISTED IN THE LICENSE APPLICATION. ANY CHANGE IN THE PARTNERS OF A PARTNERSHIP OR IN OFFICERS, DIRECTORS, OR HOLDERS OF TEN PERCENT {lO'll>) OR MORE OF THE STOCK OF A CORPORATE LICENSEE HOLDING AN AUTOMOBILE PAWNBROKER LICENSE SHALL RESULT IN TERMINATION OF THE LICENSE OF THE .3 . ...... .. • • • PARTNERSHIP OR CORPORATION UNLESS A WRITTEN AMENDMENT TO THE ORIGINAL APPLICATION IS MADE. C. BOND REQUIRED : AS PART OF THE LICENSING PROCESS, THE APPLICANT SHALL FURNISH A GOOD AND SUFFICIENT BOND IN A SUM TO BE DETERMINED BY THE CITY AND SET BY RESOLUTION . SUCH BOND SHALL BE CONDITIONED UPON THE FAITHFUL OBSERVANCE OF THE REQUIREMENTS OF THIS CHAPTER AND CONDITIONED UPON THE SAFEKEEPING OR RETURN OF ALL ARTICLES IN PLEDGE BY SUCH AUTOMOBILE PAWNBROKER . • D. INSURANCE REQUIRED : AS PART OF THE LICENSING PROCESS, THE APPLICANT SHALL PROVIDE FIRE AND PROPERTY DAMAGE INSURANCE FOR ALL PROPERTY THE AUTOMOBILE PAWNBROKER HOLDS BY CONTRACT IN THE MINIMUM AMOUNT OF ONE-HALF (1/2) OF SUCH PROPERTY'S CONTRACTED VALUE IN CASE OF DAMAGE OR DESTRUCTION . THE APPLICANT MUST PROVIDE THE LICENSING omCER PROOF OF SUCH INSURANCE COVERAGE BEFORE AN AUTOMOBILE PAWNBROKER LICENSE IS ISSUED . PROOF OF THIS INSURANCE COVERAGE MUST BE PROVIDED EACH TIME A REQUEST FOR A RENEWAL IS FILED WITH THE LICENSING OFFICER. E . BACKGROUND INVESTIGATION : APPLICANTS WILL BE SUBJECT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPLICATION PROCESS . F. CHANGE OF OWNERSHIP OR MANAGEMENT: 1. AN AUTOMOBILE PAWNBROKER MAY EMPLOY A MANAGER TO OPERATE THE BUSINESS PROVIDED THE AUTOMOBILE PAWNBROKER RETAINS COMPLETE CONTROL OF ALL ASPECTS OF THE BUSINESS, INCLUDING BUT NOT LIMITED TO, THE AUTOMOBILE PAWNBROKER'S RIGHT TO POSSESSION OF THE PREMISES, HIS/HER RESPONSmlLITY FOR ALL DEBTS, AND THE AUTOMOBILE PAWNBROKER IIUST BEAR ALL RISK OF LOSS OR OPPORTUNITY FOR PROFIT FROM THE BUSINESS . 2 . IN THE EVENT OF A CHANGE OF OWNER, OFFICER, DIRECTOR, OR HOLDER OF MORE THAN TEN PERCENT (1"1) OF THE SHARES OF STOCK or A CORPORATE LICENSE HOLDER, PARTNER OF A PARTNERSHIP, OR MANAGER, DISCLOSURE IN WRITING BY AMENDMENT TO THE ORIGINAL APPLICATION FOR THE ISSUANCE OF AN AUTOMOBILE PAWNBROKER LICENSE SHALL BE MADE TO THE LICENSING omCER. 3 . NOTWITHSTANDING ANY OTHER PROVISIONS or THIS SECTION, NEITHER A NEW LICENSE NOR AN AMENDMENT TO AN EXISTING LICENSE SHALL BE REQUIRED UPON ANY CHANGE , DIRECTLY OR BENEFICIALLY, IN THE OWNERSHIP OF ANY LICENSED AUTOMOBILE PAWNSHOP, WIDCH IS OWNED DIRECTLY OR BENEFICIALLY BY A PERSON THAT AS AN ISSUER OF A CLASS OF SECURITIES REGISTERED PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 (THE "ACT') OR IS -4 - .. • 0 • • • t• • AN ISSUER OF SECURITIES WHICH IS REQUIRED TO FILE REPORTS WITH THE SECURffiES AND EXCHANGE COMMISSION PURSUANT TO SECTION 15(d) OF THE ACT, PROVIDED THAT SUCH PERSON FILES WITH THE COMMISSIONER SUCH INFORMATION, DOCUMENTS AND REPORTS AS ARE REQUIRED BY THE PROVISIONS OF THE ACT TO BE FILED BY SUCH ISSUER WITH SECURITIES AND EXCHANGE COMMISSION . SUCH ISSUER SHALL FILE WITH THE LICENSING OFFICER INFORMATION ON MANAGERS, omcERS AND DIRECTORS OF SUCH ISSUER OF ANY LICENSED OR INTERMEDIATE SUBSIDIARY AS IS OTHERWISE REQUIRED OF MANAGERS, omcERS AND DIRECTORS OF CORPORATE AUTOMOBILE PAWNBROKERS . 4. THE APPLICANT OR LICENSE HOLDER SHALL PAY A FEE FOR AMENDMENT OF THE APPLICATION, WHICH FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION . THE NEW MANAGER SHALL BE PHOTOGRAPHED, FINGERPRINTED AND INVESTIGATED AS REQUIRED IN SECTION 5-16-4(E). G. REQUIREDACTS : 1. AN AUTOMOBILE PAWNBROKER SHALL KEEP A NUMERICAL REGISTER IN WHICH SHALL BE RECORDED THE FOLLOWING INFORMATION: THE NAME, ADDRESS AND DATE OF BIRTH OF THE CUSTOMER; THE CUSTOMER'S DRIVER'S LICENSE NUMBER OR OTHER IDENTIFICATION NUMBER FROM ANY OTHER FORM OF IDENTIFICATION WHICH IS ALLOWED FOR SALE OF VALUABLE ARTICLES PURSUANT TO SECTION 18-16-103, C .R.S .; OR FOR THE SALE OF SECONDHAND PROPERTY PURSUANT TO SECTION 18-12-114 C.R.S.; THE DATE, TIME AND PLACE OF THE CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION; AND AN ACCURATE AND DETAILED ACCOUNT AND DESCRIPTION OF EACH ITEM OF TANGmLE PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY TRADEMARK, IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL NUMBER, BRAND NAME, OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY. THE AUTOMOBILE PAWNBROKER SHALL ALSO OBTAIN A WRITTEN DECLARATION OF THE CUSTOMER'S OWNERSHIP WHICH SHALL STATE THAT EACH PIECE OF TANGmLE PERSONAL PROPERTY IS TOTALLY OWNED BY THE CUSTOMER, OR SHALL HAVE ATTACHED TO SUCH DECLARATION A POWER OF SALE FROM THE PARTIAL OWNER TO THE CUSTOMER, HOW LONG THE CUSTOMER HAS OWNED EACH PIECE OF PROPERTY, WHETHER THE CUSTOMER OR SOMEONE ELSE FOUND THE PROPERTY, AND, IF THE PROPERTY WAS FOUND, THE DETAILS OF THE FINDING. -5- • • •, • • 2. IF THE CONTRACT FOR PURCHASE OR OTHER PURCHASE TRANSACTION INVOLVES MORE THAN ONE ITEM. EACH ITEM SHALL BE RECORDED ON THE AUTOMOBILE PAWNBROKER'S REGISTER AND ON THE CUSTOMER'S DECLARATION OF OWNERSHIP. 3. THE CUSTOMER SHALL SIGN lilS OR HER NAME IN SUCH REGISTER AND ON THE DECLARATION OF OWNERSHIP AND RECEIVE A COPY OF THE CONTRACT OF PURCHASE OR A RECEIPT FOR THE PURCHASE TRANSACTION . 4 . THE CUSTOMER SHALL AFFIX A RIGHT INDEX FINGERPRINT TO THE DECLARATION OF OWNERSHIP. 5 . SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASONABLE TIME. 6 . THE AUTOMOBILE PAWNBROKER SHALL KEEP EACH REGISTER FOR AT LEAST THREE (3) YEARS AFTER THE DATE OF THE LAST TRANSACTION ENTERED IN THE REGISTER. 7. AN AUTOMOBILE PAWNBROKER SHALL HOLD ALL CONTRACTED GOODS WITHIN HIS/HER JURISDICTION FOR A PERIOD OF TEN (10) DAYS FOLLOWING THE MATURITY DATE OF THE CONTRACT FOR PURCHASE, DURING WHICH TIME SUCH GOODS SHALL BE HELD SEPARATE AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY. 8 . AN AUTOMOBILE PAWNBROKER SHALL HOLD ALL PROPERTY PURCHASED BY HIM/HER THROUGH A PURCHASE TRANSACTION FOR THIRTY (30) DAYS FOLLOWING THE DATE OF PURCHASE, DURING WHICH TIME SUCH PROPERTY SHALL BE HELD SEPARATE AND APART FROM OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY . 9. EVERY AUTOMOBILE PAWNBROKER SHALL PROVIDE THE LOCAL LAW ENFORCEMENT AGENCY, ON A WEEKLY BASIS , WITH TWO (2) COPIES OF THE RECORDS, ON A FORM TO BE PROVIDED OR APPROVED BY THE LOCAL LAW ENFORCEMENT AGENCY, OF ALL TANGIBLE PERSONAL PROPERTY ACCEPTED DURING THE PRECEDING WEEK AND ONE COPY OF THE CUSTOMER'S DECLARATION OF OWNERSHIP FORM SHALL CONTAIN THE SAME INFORMATION REQUIRED TO BE RECORDED IN THE AUTOMOBILE PAWNBROKER'S REGISTER PURSUANT TO SUBSECTION 1 OF THIS SECTION. THE LOCAL LAW ENFORCEMENT AGENCY SHALL DESIGNATE THE DAY OF THE WEEK ON WHICH THE RECORDS AND DECLARATIONS SHALL BE SUBMITl'ED. -6 - .... .. • '~ ' '' • • . ' • '· 10. EVERY AUTOMOBILE PAWNBROKER SHALL PAY TO THE CITY A FEE FOR EVERY TRANSACTION FORM. THIS FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION. 11. EVERY AUTOMOBILE PAWNBROKER SHALL, AT HIS/HER EXPENSE, KEEP RECORDS OR PROVIDE REPORTS IN SUCH MANNER AND BY SUCH METHODS AS MAY BE DETERMINED FROM TIME TO TIME BY THE LICENSING OFFICER. H. PROHIBITED ACTS : 1. NO AUTOMOBILE PAWNBROKER, EMPLOYEE, OR AGENT OF THE AUTOMOBILE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS OR WITH ANY PERSON UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGE OR DRUGS . 2. NO AUTOMOBILE PAWNBROKER, EMPLOYEE, OR AGENT OF THE AUTOMOBILE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR THE PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON KNOWN TO THAT EMPLOYEE OR AGENT TO BE A THIEF OR TO HAVE BEEN CONVICTED OF LARCENY OR BURGLARY, WITHOUT FIRST NOTIFYING THE DEPARTMENT OF SAFETY SERVICES. SUCH NOTICE SHALL NOT BE DEEMED AS AUTHORIZATION BY THE CITY FOR THE AUTOMOBILE PAWNBROKER TO ENTER INTO ANY CONTRACT WITH SUCH PERSON. 3. NO AUTOMOBILE PAWNBROKER SHALL TAKE ANY TANGIBLE PERSONAL PROPERTY FROM A CUSTOMER ON CONSIGNMENT. 4 . WITH RESPECT TO A CONTRACT FOR PURCHASE, NO AUTOMOBILE PAWNBROKER, EMPLOYEE OR AGENT OF AN AUTOMOBILE PAWNBROKER MAY PERMIT ANY CUSTOMER TO BECOME OBLIGATED ON THE SAME DAY IN ANY WAY UNDER MORE THAN ONE CONTRACT FOR PURCHASE AGREEMENT WITH THE AUTOMOBILE PAWNBROKER WHICH WOULD RESULT IN THE AUTOMOBILE PAWNBROKER OBTAINING A GREATER AMOUNT OF MONEY THAN WOULD BE PERIIITl'ED IF THE AUTOMOBILE PAWNBROKER AND CUSTOMER HAD ENTERED INTO ONLY ONE CONTRACT FOR PURCHASE COVERING THE SAME TANGIBLE PERSONAL PROPERTY. 5. NO AUTOMOBILE PAWNBROKER, EMPLOYEE OR AGENT OF AN AUTOMOBILE PAWNBROKER SHALL VIOLATE THE TERMS OF THE CONTRACT FOR PURCHASE . 6. NO AUTOMOBILE PAWNBROKER, EMPLOYEE OR AGENT OF AN AUTOMOBILE PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION FOR ANY TANGIBLE PERSONAL PROPERTY WHEREIN THE IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL NUMBER, -1- • . .. •· 0 '32xl • • 0 I• - BRAND NAME, OWNER'S IDENTIFICATION NUMBER OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY HAVE BEEN TOTALLY OR PARTIALLY OBSCURED. 7. NO AUTOMOBILE PAWNBROKER, EMPLOYEE OR AGENT OF AN AUTOMOBILE PAWNBROKER SHALL ASK, DEMAND OR RECEIVE ANY GREATER RATE OF INTEREST, COMMISSION AND COMPENSATION THAN THE TOTAL RATE OF ONE-TENTH (1/10) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS OF FIFTY DOLLARS ($50.00) OR OVER, OR ONE-FIFTH (1/5) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS UNDER FIFTY DOLLARS ($50 .00). NO OTHER CHARGES SHALL BE MADE BY THE AUTOMOBILE PAWNBROKER UPON RENEWAL OF ANY CONTRACT FOR PURCHASE OR AT ANY OTHER TIME. IN THE EVENT ANY SUCH CHARGES ARE MADE, THE CONTRACT SHALL BE VOID . ANY CONTRACT FOR THE PAYMENT OF COMMISSIONS BY THE CUSTOMER FOR MAKING A CONTRACT FOR PURCHASE OF TANGIBLE PERSONAL PROPERTY SHALL BE NULL AND VOID . I. HOLD ORDERS AND SURRENDER OF PROPERTY: 1. ANY LAW ENFORCEMENT OFFICER MAY ORDER AN AUTOMOBILE PAWNBROKER TO HOLD ANY TANGIBLE PERSONAL PROPERTY DEPOSITED WITH OR IN THE CUSTODY OF ANY AUTOMOBILE PAWNBROKER FOR PURPOSES OF FURTHER INVESTIGATION. A HOLD ORDER SHALL BE EFFECTIVE UPON VERBAL NOTIFICATION TO THE AUTOMOBILE PAWNBROKER. NO SALE OR OTHER IMPOSfflON MAY BE MADE OF SUCH PROPERTY HELD BY ANY AUTOMOBILE PAWNBROKER WHILE THE HOLD ORDER REMAINS OUTSTANDING. A HOLD ORDER SHALL SUPERSEDE ALL OTHER PROVISIONS OF THIS CHAPl'ER, AND ANY SALE OR OTHER DISPOSfflON OF THE PROPERTY AFTER THE AUTOMOBILE PAWNBROKER HAS BEEN NOTIFIED OF A HOLD ORDER SHALL BE UNLAWFUL AND A VIOLATION OF THIS SECTION . 2 . IF ANY LAW ENFORCEMENT OFFICER DETERIIINES THAT ANY ARTICLE OF PERSONAL PROPERTY HELD BY AN AUTOMOBILE PAWNBROKER IS STOLEN OR ILLEGALLY OBTAINED PROPERTY, SUCH OFFICER MAY IMMEDIATELY CONFISCATE SUCH PROPERTY AND MUST PROVIDE THE AUTOMOBILE PAWNBROKER WITH A RECEIPT AND CASE REPORT NUMBER. J . LIABILITY OF PAWNBROKER : 1. AN AUTOMOBILE PAWNBROKER WHO ACCEPTS ANY ARTICLE IN A PURCHASE OR CONTRACT OF PURCHASE TRANSACTION FROM A CUSTOMER WHO IS NOT THE OWNER THEREOF OBTAINS NO TITLE IN THE ARTICLE EITHER BY REASON OF THE EXPIRATION OF THE CONTRACT OR BY TRANSFER OF THE RECEIPT TO THE AUTOMOBILE PAWNBROKER BY THE CUSTOMER OR HOLDER THEREOF. IGNORANCE OF THE FACT -8- •· • er-------~----------------~ • • THAT THE ARTICLE WAS LOST OR STOLEN SHALL NOT BE CONSTRUED TO EFFECT THE QUESTION OF THE TITLE. IF THE AUTOMOBILE PAWNBROKER SHALL SELL SUCH ARTICLE TO A THIRD PERSON, THE AUTOMOBILE PAWNBROKER SHALL RECOVER THE ARTICLE OR REIMBURSE THE FAIR MARKET VALUE OF THE ARTICLE . THE LAWFUL OWNER MAY, UPON PROOF OF HIS OR HER OWNERSHIP OF THE ARTICLE LOST OR STOLEN, CLAIM THE SAME FROM THE AUTOMOBILE PAWNBROKER OR RECOVER THE APPROPRIATE LEGAL MEANS INCLUDING, WITHOUT LIMITATION, FORFEITURE OF THE FAIR MARKET VALUE OF SUCH ARTICLE OUT OF THE BOND REQUIRED BY SECTION 5-16-4C. 2. AN AUTOMOBILE PAWNBROKER SHALL BE LIABLE FOR THE LOSS OF TANGIBLE PERSONAL PROPERTY OR PART THEREOF OR FOR DAMAGES THERETO, WHETHER CAUSED BY FIRE, THEFT, BURGLARY OR OTHERWISE, RESULTING FROM HIS OR HER FAILURE TO EXERCISE REASONABLE CARE IN REGARD TO IT . Sec;t.ion 2 . The Englewood City Council establiahed a temporary suapenaion or moratorium of certain miscellaneous business licenaea for a period of m months with the p888age of Ordinance No . 25, aeries of 1996 and now removes the following license from the moratorium: AUTOMOBILE PAWNBROKER Sec;t.iqp 3. Safp Clagg• The City Council, hereby finda, determinea, and declarea that this Ordinance is promulpted under die a-raI police power of the City of Englewood, that it ia promulpted for die health, safety, and welfare of the public, and that tbia Ordinance is n-.ry for 1be s--v•tioa of health and safety and for 1be protection « public convenience and welfare. The City Council further determines that die Ordinance bean a rational relation to die proper legislative object aou,bt to be obtained. Sec;t.igp i Sexerabjljty If any claue, sentence, paragraph, or put of this Ordinance or the application thereof to any penon or circumatancea aball for any reuon be adjudged by a court « competent juri.ldiction invalid, such judcment shall not affect impair or invalidate 1be remainder of tbia Ordinance or ita application to other penona or c:in:umatancea. Sec;t.ioo 5 Iru;oo•ilkmt OrdjpaQGOI All other Ordinanc:ee or portiona thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such inconaiatency or cooflict. -9- ·- .. •· • 0 1 32 x l , • • • . ' Sec;tjpp 6 Efl'm of mpe,a1 Pl modjfiutjop The repeal or modification of any pnwiaion of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in put any penalty, forfeiture, or liability, either civil or criminal, which shall have been incurred under such pnwiaion, and each provision shall be treated and held as still remaining in force for the purpoeea of sustaining any and all proper actiona, suits, proceedinp, and prosec:utiona for the enforcement of the penalty, forfeiture, or liability, as well as for 1he purpme of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actiona, suits, proceedinp, or prosec:utiona. Sec;tjop 7. flnaltx. The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and every violation of thia Ordinance. Sec;tjop 8 . Efl'w;t;jw, Daw Thia Ordinance shall go into effect on July 7, 1997 . Introduced, read in full, and pueed OD fint reading OD the 5th day of May, 1997. Publiabed u a Bill for an Ordinance OD the 8th day of May, 1997 . Amended and reintroduced, read in full, and pueed u amended OD the 2nd day of June, 1997. Publiabed M ammded OD the 5th day of June, 1997. Tbamaa J . Barna, lla:,ar ATTEST : Loucriabia A. Ellia, City Clerk I, Loucrilbia A. Ellia, City Clerk af the City of.,.__., Colorado, banby certify that the above and forepu11 ia a true copy of a Bill far an Ordinance, •mmded and reintroduced, read in full, and puaed U •mmded OD the 2nd day af June, 1997. Loucriahia A. B1lia -I 0- • • • ~ . . 'f . . • • • , . • <. COUNCIL COMMUNICATION Om Agendallam Subject June 2, 1997 Bill for an ordinance repealing Title 10 a vi 5, Chapter 10 (Auto Salvage and Recycled Materials Yards) of the City Code and enacting a new Title 5 Challler 10 to the Cltv Code. lnltlatad By I FrankG Staff Source Dftnartment of Financial 8erviCes , Director CptJNCIL GOAL AND PREVIOUS COUNCIL ACTION This proposed bill for an ordinance repeals Title 5, Chapter 10 of the City Code and enacts a new Title 5, Chapter 10 (Auto Salvage and Recycled Materials Yards) to the City Code. This license was Included In the moratorium, and approval of this ordinance will remove the license from the moratorium. Al the May 8, 1998 study session, staff discussed the proposed moratorium with the City Council. On June 3, 1998, the City Council read and passed Ordinance 25, Series of 1998 on final reading . This Ordinance established the moratorium to run from June 10, 1998 to December 10, 1998. Council adopted Ordinance 55, Series of 1998 extending the moratorium until April 10, 1997. On February 18, 1997, City Council approved on fkst reading a bill for and ordinance e>Clending the moratorium until July 10, 1997. On February 18, 1997, City Council approved on first reading a bill for and ordinance extending the moratorium until July 10, 1997. On May 5, 1997, City Council passed this bill for an ordinance on fkst reading . This Is being read on first reading again becallN an undesired gap in the moratorium would occur. City Counc:11 dlsc:uued this licenle wllh staff at a lludy NSlion held on Febnlary 18, 1997. IIECOl•ENDED ACTION Staff l9COfflfflends City Counc:11 approve this bll for an ordinance. BACKGROUND, ANAL VIIIS, ANO AL lERNATIVES IDENTIFIED The most signiflc:ant change in this new Title 5, Chapter 10 Is the change In tHle from "Auto Wrecking and Junk Yards" to Auto Salvage and "Recycled Materials Yards." Mainly, changes made Include dean up of the language in the license and formatting changes to conform wllh the rest of the llc:enNs under Title 5. This licenM was enacted in response to community c:oncems over the Impact these establllhments have on the surrounding neighbortloods. No alematlves were ldenllfled. FINANCIAL .. ACT The licenle fee has not been set • required by Chapter 1 of Title 5. The resolution setting fees Is ldleduled to go to City Council on May 19, 1997. The City c:olleded S800 In 1998. UST OF ATTACHMENTS Copy of the proposed bill for an ordinance. " ?rnled on i:.cycled P-.~· I· • ORDINANCE NO. _ SERIES OF 1997 • • •, • .. BY AUTHORITY ABILLPOR , .. COUNCIL BILL NO. 45 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE REPEALING TITLE 5, CHAPI'ER 10, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUTO SALVAGE AND RECYCLED MATERIALS YARDS AND ENACTING A NEW CHAPI'ER 10, AND WHICH REMOVES AUTO SALVAGE AND RECYCLED MATERIALS YARDS FROM ORDINANCE NO. 25, SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council tlltabliabed a temporary suspension or moratorium of certain miscellaneoua buaineu licelUlell for a period of six months with the pUllage of Ordinance No. 25, series of 1996; and WHEREAS, the moratorium or temporary suapension included General License provisions of auto salvage and recycled materiala yarda licenses; and WHEREAS, this activity is licensed to adequately regulate activities auoc:iated with this license that greatly impact the health, safety and well being of the surrounding neighborhoods and buain-; and WHEREAS, this liceme requires that the license bolder comply with special conditions and restrictiODII to ensure that this activity d«-not advmNly impact surrounding neighborhoods and buain-; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectiqp 1. The City Council of the City of Enpwood, Colorado hereby repeala Title 5, Chapt.er 10, of the Enclewood Municipal Code 1986, and macta a -Cbapt.er 10, which shall read u follows: CBAPT£1l 10 AUl'O SALVAGE AND BBCYCLBD IIA'IDIAUI YAIIDB SECTION : S.10-1 : S.10-2: S.10-3 : 5-10-4: DEFINITIONS LICENSE REQUIRED APPLICATION FOR LICENSE SPECIAL CONDfflONS AND RESTRICTIONS OF THE LICENSE 1-10.1: DEFINITIONS: FOR THE PURPOSES OF TIDS CHAPTER, THE FOLLOWING WORDS AND PHRASES SHALL HAVE THE FOLLOWING MEANINGS: • 1- • . .... .. •· 0 ; • ACCESS ROAD: ADJOINING: AUTOMOBILE: AUTOMOBILE SALVAGE YARD: CHIEF BUILDING OFFICIAL: PERMIT: PURCHASE RBOISTBR: • . ~ • <. THAT AREA PRIVATELY OWNED AND MAINTAINED AND SET ASIDE WITHIN AN AUTOMOBILE SALVAGE YARD OR RECYCLING YARD FOR USE AS A FIRE LANE OR AN INTERIOR ROAD SYSTEM PROVIDING VEHICULAR ACCESS THROUGHOUT THE AUTOMOBILE SALVAGE AND RECYCLED MATERIALS YARD OR RECYCLING YARD . CONTIGUOUS, OR SEPARATED ONLY BY A REAR LOT LINE OR SIDE LOT LINE. ANY SELF PROPELLED, WHEELED VEHICLE DESIGNED FOR TRANSPORTATION, SHIPPING, OR RECREATION USE, AND COMMONLY PROPELLED BY AN INTERNAL COMBUSTION ENGINE USING A VOLATILE FUEL. AN AREA ALONG WITH SUCH ACCESSORY BUILDINGS AND STRUCTURES AS PROVIDED FOR IN THIS CHAPTER, WHERE THE PROCESS OF AUTOMOBILE SALVAGE AND DISMANTLING OR THE STORAGE, SALE OR DUMPING OF DISMANTLED, OBSOLETE OR WRECKED VEIUCLES OR PARTS THEREOF PREVAILS. THIS TERII DOES NOT INCLUDE AUTOMOBILE SAi.BS AREAS WHERE USED CARS IN A FUNcrIONAL CONDfflON, OR NEW CARS AllE STORED PRIOR TO SAI..B. ALSO, THE TERII SHALL NOT INCLUDE ANY PUBLIC PLACE OF DIPOUNDIIBNT OF ABANDONED OR IMPOUNDED AUTOIIOBILES . THE CIUEF BUILDING OFFICIAL OF THE CITY OF ENGLEWOOD, COLORADO, OR THE CHIEF BUILDING OFFICIAL'S AtmlORIZED DESIGNEE. WRITl'EN PERMIT ISSUED BY THE CIUEF BUILDING OFFICIAL TO CONSTRUCT OR ALTER ANY BUILDING, STRUCTURE OR OTHER IMPROVEMENT IN OR UPON ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD . WRITTEN RECORD, ON FORMS APPROVED BY THE CITY, ON WIUCH 18 KEPI' AN ACCUllATE ACCOUNT AND DESCRIPTION OF EACH AND ALL OF THE AllTICLES PUBCHASED, THE PRICE PAID, DATE AND TUIE OP PURCHASE, AND THE NAME AND ADDRBSS OF EACH -2 - .. ,,i • 0 '32xl • RECYCLABLE : RECYCLING YARD: • 0 I• • PERSON MAKING A SALE TO THE LICENSE HOLDER . GOODS OR MATERIALS WHICH ARE NO LONGER USABLE FOR THEIR ORIGINAL PURPOSE OR SERVICEABLE IN THEIR ORIGINAL STATE, BUT MAY BE REDUCED TO THEIR ORIGINAL CONDITION SO THAT THEY MAY BE REPROCESSED AND USED AGAIN. AN AREA WITH SUCH ACCESSORY BUILDINGS AND STRUCTURES AS PROVIDED FOR IN THIS CHAPTER, WHERE THE SALVAGED GOODS OR MATERIALS ARE BOUGHT, SOLD, EXCHANGED, STORED, BALED, PACKED , DISASSEMBLED OR HANDLED . 5-10-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL FOR ANY PERSON TO OPERATE ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD WITHOUT FIRST OBTAINING A LICENSE . 5-10-3: APPUCA110N FOR LICENSE. AUTOMOBILE SALVAGE YARD AND RECYCLING YARD LICENSES SHALL BE ISSUED IN ACCORDANCE WITH CHAPTER l, OF THIS TITLE. 5-UM: SPl!:CW. CONDl'IION8 AND IIB8'ftUCl'ION8 OF 'DIE LICENSE: IN ADDffiON TO THE REQUIREIIENTS OF CHAPTER l OF THIS TITLE, THE FOLLOWING SPECIAL CONDfflONS AND RESTRICTIONS APPLY: A. PERMIT TO EXPAND : IT SHALL BE UNLAWFUL TO EXCAVATE, FILL, OR CONSTRUCT ANY BUILDING OR OTHER STRUCTURE, INCLUDING ACCESSORY STRUCTURES, IN OR UPON ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD; OR TO STORE MATERIALS, OR TO CONSTRUCT ENTRANCES OR PARKING LOTS, OR SURFACE ANY AREA, COMMENCE THE MOVING, STRUCTURAL ALTERATIONS, CONVERSIONS, EXTENSIONS, ENLARGEMENTS, ALTERATION OR REPAIR OF STRUCTURES, IN OR UPON ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD UNTIL A BUILDING PERMIT IS ISSUED. AN APPLICATION FOR A BUILDING PERMIT SHALL BE ACCOMPANIED BY A COPY OF THIS LICENSE AND BY TWO (2) COPIES OF A PLAN OR PLAT, DRAWN TO SCALE, SHOWING THE FOLLOWING IN SUfflCIENT DETAIL TO ENABLE THE BUILDING DIVISION TO ASCERTAIN WHETHER THE PROPOSED EXCAVATION , FILL, CONSTRUCTION, RECONSTRUCTION OR CONVERSION , MOVING OR ALTERATION IS IN CONFORMANCE WITH THE PROVISIONS OF THIS CHAPTER: 1. THE ACTUAL SHAPE, PROPORTION , DIMENSIONS, PUBLIC EASEMENTS OR RIGHTS OF WAY AND TOPOGRAPHY OF THE SITE WHERE SUCH PROPOSED CHANGES ARE TO BE MADE; AND SATISFACTORY EVIDENCE THAT ACTUAL CORNERS OF -3- •· • • • L• • THE LOT ARE SHOWN AND ARE ESTABLISHED ON THE GROUNDS BY A CERTIFIED SURVEY MADE BY A REGISTERED LAND SURVEYOR OR ENGINEER, SUCH ESTABLISHED CORNERS TO BE MARKED BY PINS SET IN CONCRETE. 2. THE GENERAL SANITARY AND STORM DRAINAGE SYSTEM WHICH SHALL BE SUBJECT TO APPROVAL BY THE CITY. 3. THE SHAPE, SIZE AND LOCATIONS OF ALL BUILDINGS OR OTHER STRUCTURES TO BE ERECTED, ALTERED OR MOVED AND ANY BUILDINGS OR OTHER STRUCTURES EXISTING ON THE LOT. 4. THE EXISTING AND INTENDED USE OF ALL SUCH BUILDINGS OR OTHER STRUCTURES AND LAND. 5. THE DIMENSIONS OF ALL YARDS AND SUCH OTHER INFORMATION CONCERNING THE LOT OR ADJOINING LOTS AS MAY BE ESSENTIAL FOR DETERMINING THAT THE PROVISIONS OF THIS CHAPTER ARE BEING OBSERVED . 6 . THE LOCATION AND WIDTH OF THE ACCESS ROAD(S) TOGETHER WITH THE SIZE OF THE STORAGE AREAS . 7 . ANY OTHER INFORMATION AS MAY BE REQUIRED BY THE BUILDING CODE . 8 . LOCATION, SPACE AND GENERAL LAYOtrr: AUTOMOBILE SALVAGE AND RECYCLING YARDS SHALL BE LOCATED ON WELL DRAINED SITES AND SHALL BE SO LOCATED THAT ITS DRAINAGE WILL NOT ENDANGER ANY WATER SUPPLY. ALL SUCH USES SHALL BE IN AREAS FREE FROM SWAMPS OR OTHER POTENTIAL BREEDING PLACES FOR INSECTS OR RODENTS . 1 . ACCESS ROADS . a . ACCESS ROADS, AS DEFINED AND REQUIRED BY THIS CHAPTER, SHALL BE KEPT OPEN AT ALL TIMES AND FREE FROM OBSTRUCTION AS FIRE LANES. SUCH ROADS MUST BE KEPT GRADED AND DRAINED AT ALL TIMES. b. SUCH ACCESS ROADS SHALL BE PROVIDED AS ARE NECESSARY THROUGHOtrr THE LICENSED PREMISES TO INSURE ADEQUATE HEALTH AND nRE PROTECTION FOR THE DISTRICT IN WHICH THE YARD IS LOCATED; SUCH ROADS SHALL BE PROVIDED ACCORDING TO THE SPECinCATIONS HEREINAFTER SET FORTH, AND SHALL BE APPROVED BY THE DlllBCTOR OF SAFETY SERVICES AND THE DIRECTOR OF PUBLIC WORKS, OR THEIR AUTHORIZED DESIGNEES. c. THE IIINIMUM WIDTH FOR TWO-WAY ACCESS ROADS SHALL BE TWENTY FIVE FEET (25'); FOR ONE-WAY ACCESS -4- ..... •. •· 0 t,, • I ' '32xl • • •, • ROADS , THE MINIMUM WIDTH SHALL BE FIFI'EEN FEET (15'). CURVES ON ALL ACCESS ROADS SHALL HAVE A MINIMUM INSIDE RADIUS OF NOT LESS THAN TWENTY FEET (20'). 2. INGRESS AND EGRESS FROM PUBLIC STREETS. THE LOCATION AND SIZE OF DRIVEWAYS LEADING TO AND FROM THE PUBLIC STREET TO ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL BE SUBJECT TO THE FOLLOWING CONDfflONS: a . NO PORTION OF ANY DRIVEWAY SHALL BE CLOSER THAN THIRTY FEET (30') TO THE CURB UNE OF A STREET INTERSECTION, NOR CLOSER THAN TEN FEET (10') TO A FIRE HYDRANT, CATCH BASIN, END OF CURB RADIUS AT CORNERS OR PROPERTY LINE OF AN INTERSECTING . STREET. b . THE WIDTH OF ANY DRIVEWAY SHALL NOT EXCEED TWENTY FIVE FEET (25') MEASURED ALONG ITS INTERSECTION WITH THE PROPERTY LINE. c. NO TWO (2) DRIVEWAYS FROM THE SAME USE SHALL BE WITHIN THIRTY FEET (30') OF EACH OTHER MEASURED ALONG THE DRIVEWAYS INTERSECTION WITH THE CURB LINE . 3 . OFF-STREET LOADING REQUIREMENTS. OFF-STREET LOADING BERTHS OR FACILITIES FOR OFF-STREET LOADING FOR ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL BE LOCATED COMPLETELY WITHIN THE CONFINES OF THE REQUIRED WALL OR FENCE SURROUNDING THE YARD. C . SANITATION AND FIRE PROVISIONS: 1. WATER SUPPLY. a . AN ACCESSIBLE, ADEQUATE AND SAFE SUPPLY OF SAFE, POTABLE WATER SHALL BE PROVIDED TO EVERY AUTOMOBILE SALVAGE YARD AND RECYCLING YARD . b . ALL WATER SUPPLY FACIUTIES, I.E ., PIPES, VALVES, OUTLETS, SHALL BE OPEN TO INSPECTION BY THE CHIEF BUILDING OFFICIAL OR ANY OTHER DULY AUTHORIZED PERSON . c . THE DEVELOPMENT OF AN INDEPENDENT WATER SUPPLY TO SERVE ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL BE MADE ONLY AFTER EXPRESS APPROVAL HAS BEEN GRANTED BY THE DEPARTMENT OF PUBLIC HEALTH OF THE STATE OF COLORADO. 2 . SEWAGE DISPOSAL. ALL SEWAGE DISPOSAL SHALL BE IN ACCORDANCE WITH THIS CODE AND ALL PLUMBING IN ANY -S- .... .. ., •· ' • • • , .. • • AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL COMPLY WITH THE PLUMBING LAWS AND HEALTH REGULATIONS OF THE CITY, COUNTY OF ARAPAHOE, TRI-COUNTY DISTRICT HEALTH DEPARTMENT AND STATE OF COLORADO. 3. REFUSE DISPOSAL. a. THE STORAGE, COLLECTION AND DISPOSAL OF REFUSE IN OR UPON ANY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL BE SO MANAGED AS TO AVOID HEALTH HAZARDS, RODENT HARBORAGE, INSECT- BREEDING AREAS, ACCIDENT HAZARDS OR AIR OR ENVIRONMENTAL POLLUTION . b. MATERIALS OR WASTES SHALL BE SECURED UPON THE LICENSED PREMISES IN SUCH MANNER THAT THEY CANNOT BE CARRIED OFF THE PREMISES BY NATURAL CAUSES OR FORCES. c. ALL MATERIALS OR WASTES WHICH MAY CAUSE FUMES, DUST, OR ARE EDIBLE OR ATTRACTIVE TO RODENTS OR INSECTS SHALL NOT BE STORED OUTDOORS UNLESS PLACED IN CLOSED CONTAINERS. 4. FIRE PROTECTION. i. ALL AREAS SHALL BE KEPI' FREE OF Ll'M'ER, RUBBISH AND OTHER FLAMMABLE MATERIALS . ii. FIRE EXTINGUISHERS SHALL BE MAINTAINED, THE NUMBER, KIND AND LOCATION OF WHICH SHALL BE APPROVED BY THE DIRECl'OR OF SAPETY SERVICES OR THE FIRE MARSHALL. D. GENERAL REGULATIONS : 1. EVERY AUTOMOBILE SALVAGE YARD OR RECYCLING YARD SHALL BE ENCLOSED ON ITS PERIMETER WITH A SOLID , NONTRANSPARENT VERTICAL WALL OR FENCE WITH A MINIMUM HEIGHT OF SIX FEET (6') AND A IIAXDIUII OF TWELVE FEET (12') MEASURED FROM GROUND LEVEL. EVERY GATE FOR ANY SUCH YARD SHALL BE OF SOLID NONTRANSPARENT CONSTRUCTION OF NEW OR USED MATERlAL IN REASONABLY GOOD CONDfflON. EACH SUCH GATE SHALL BE THE SAME HEIGHT AS THE WALL OR FENCE . THE LICENSE HOLDER SHALL IIAINTAIN ALL WALLS , FENCES , AND GATES IN GOOD CONDfflON. 2. WALLS, FENCES, AND GATES SHALL NOT HAVE ANY SIGNS, POSTERS, OR OTHER ADVERTISEMENT EXCEPT THAT NBBl>EI> TO IDENTIFY THE LICENSED BUSINBSS. -6- • . ,, " •· • • . , . • 3. MATERIALS SHALL NOT BE STACKED SO THEY ARE VISIBLE ABOVE THE SURROUNDING WALL, FENCE, OR GATE FROM GROUND LEVEL. 4. ALL OPERATIONS, INCLUDING TEMPORARY STORAGE, SHALL BE CONFINED TO THE INTERIOR OF THE LICENSED PREMISES. 5. THE STORAGE OF ALL RECYCLABLE MATERIALS OR AUTOMOBILES SHALL BE CONDUCTED IN A SAFE MANNER. 6. ALL OPERATIONS SHALL BE CONDUCTED IN A MANNER THAT DOES NOT EMIT ANY OBNOXIOUS OR DANGEROUS NOISE, VIBRATION, DUST, HEAT, GLARE, RADIATION, ODORS, FUMES, GAS OR SMOKE BEYOND THE BOUNDARIES OF THE LICENSED PREMISES. 7. THE LICENSE HOLDER SHALL NOT ALLOW ANY MATERIAL TO BE BURNED ON THE LICENSED PREMISES. 8. ALL CHEMICALS AND FLUIDS, INCLUDING BUT NOT LIMITED TO GASOLINE, OIL, TRANSMISSION FLUID, BRAKE FLUID, AND RADIATOR FLUID SHALL BE DRAINED AND STORED IN COMPLIANCE WITH THE PROVISIONS OF THIS CODE AND APPLICABLE STATE AND FEDERAL REGULATIONS . THESE PROVISIONS DO NOT APPLY TO VEIUCLES IN PROPER OPERATING CONDITION. 9. ALL BATTERIES SHALL BE STORED IN A MANNER THAT PROTECTS THE PUBLIC FROM FIRE, FUMES, LEAKAGE, AND ANY OTHER HAZARDS. 10. ADVERTISING SIGNS MUST NOT FLASH OR CAST GLARE ON ANY SURROUNDING RESIDENTIAL AREA OR CONFLICT WITH ANY TRAFFIC CONTROL DEVICES. E . MANAGEMENT AND OPERATION: THE LICENSE HOLDER, MANAGER, OR OTHER PERSON IN CHARGE OF THE LICENSED PREMISES SHALL: 1 . KEEP A WRl'ITEN PURCHASE REGISTER, ON FORMS APPROVED BY THE CITY. THE REGISTER SHALL BE OPEN FOR INSPECTION BY ANY AUTHORIZED REPRESENTATIVE OF THE CITY AT ANY REASONABLE TIME. 2 . MAINTAIN THE LICENSED PREMISES IN A CLEAN, ORDERLY AND SANITARY CONDfflON AT ALL TIMES. 3 . ENSURE ALL THE PROVISIONS OF THIS CHAPTER ARE COMPLIED WITH AND ENFORCED. So!;tiqp 2. The ED(lewood City Council enabliahed a temporary auapenaion or moratorium of certain miscellaneous buain-licenaN for a period of au montba with the puaap of Ordinance No . 25, NriN of 1996 and now l'IIIDOVN the followinf licenan from the moratorium : ' I· • • • ·, • <. Automobile Salvage and Recycled Materials Yards Licenses. Ses;t;ion 3. Safety Ciau1e1 The City Council, hereby finds, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood, that it is promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary for the preservation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bears a rational relation to the proper legislative object aought to be obtained. So;tign 4 Severahiiity If any clauae, sentence, paragraph, or pert of this Ordinance or the application thereof to any peraon or circumstances shall for any reuon be adjudged by a court of competent jurisdiction invalid, such judgment shall not affect impair or invalidate the remainder of this Ordinance or its application to other persons or circumstances. Section 5 IoGODeilYJlt Ordipapc;ee All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the enent of such inconsistency or contlict. Ses;t;ion 6. Eft'ec;t of J'IIIICII or modific;atiop The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify, or change in whole or in pert any penalty, forfeiture, or liability, either civil or criminal, which shall have hem inc:urrecl under such provision, and each provision shall be treated and held as still remaining in force for the purposes of sustaining any and all proper actions, suits, proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well as for the purpose of sustaining any jwfcment, decree, er order which can er may be rendered, entered, or made in such actions, suits, proceedinp, or proeecutions. Sec;tigp 7. fen&ltx. The Penalty Provision ofE.M.C. Section 1-4-1 shall apply to each and every violation of this Ordinance. Sec;tiqp s. Eft'ec;tive Date This Ordinance shall ro into e«.et OD July 7, 1997 . Introduced, read in full, and passed on first readiai on the 5th day ~ May, 1997. Published as a Bill for an Ordinance on the 8th day ~ May, 1997. Amended and reintroduced, read in full, and passed as amended on the 2nd day of June, 1997 . -8- .. • 0 1 32xl • • • ·~ • Publubed • ammded OD tbe 5th da:, m Jam, 1997. Thomas J . Burm, Mayor ATTEST: Louc:riabia A. Ellia, Cit:, Clerk I, Loucriabia A. Ellia, Cit:, Cl..t m the Cit:, of Bnpwood. Colando, hereby certify that the above and fansaiDI ia a true cop:, ma Bill for an OrcliDaDce, alMl'ded and reintroduced, read in full, and puNd u amended on the 2nd da:, of June, 1997. -9- '· .. • ·-~-------~------v-----------=.----------------,,,----~--------------- • • I• - COUNCIL COMMUNICATION June2, 1997 10 a vii Subject Bill for an ordinance removing TIiie 5, Chapter 12, Section 4 pllftal11i11g to pawnbnlkers from the Cly Code and adding a new TIiie 5, Cllapler 15 to the City Code. This wll also remove pawnbrollefs from the moratorium in the City of lnltiat9d By rtment of Financial Services Staff Source Frank G lewicz Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This proposed bill for an ordinance repeals Title 5, Chapter 12, Section 4 of the City Code and re-enacts a new Title 5, Chapter 15 (Pawnbrokers) to the City Code. This will remove this license from the moratorium . At the May 8, 1198 study session, uff dllcllllNd the prupoNd moratorium wllh the Cly Council . On June 3, 1198, the City Council read and passed On:lnance 25 , Series of 1198 on final reading. This Ordinllnc:e established the moratorium to run from June 10, 1198 to December 10, 1198. Council adopted Onlnance 55, Sertes of 19118 extending the moratorium until April 10, 1997. On February 11, 1997, Cly Council approved on first reading a bill for and ordinance extending the moratorium until July 10, 1117 . On May 5, 1997, City Council passed this biH for an ordinance on first reading . This is being read on first reading again because an undesired gap In the moratorium would occur. City Council discussed this license with uff at the study session held on Janua,y 13, 1997 . RECOMMENDED ACTION Slaff recommends City Council appn,ve this bill for an ordinance . IIACKGROIN>, ANALYSIS, AND ALTERNATIVES IDENTFED This llcenle was recenlly enacted lnlo Cly Code, ., few c:hanges o11-, than fonnalllng have bNn made. This licenN was enacted In respon19 to comrnunlly concema over the implld ttw emllliltmenlS have on the surrounding neighbor1loods and businHUS. Also, the restric:tlve hours of operllllon have been removed from this 1111 for an ordinance. If Cly Council dallres to place restrtdlons on the hours of operallol• for this llcenae, I is ••commended lbal this ba done tllrougll a conditional use zoning process similar to ternporaiy employmenl avtcN. This license has been discussed with pawnbrokers and their legal representatives. They voiced 11rong app llltion to the requkement of fingerprinting their Qlllome,s. They feel this unduly sllgmallzes them and their Qlllamers, and wiU resull in a loss of business to their 8llabliltlmenls. Safaty Senrices Departmenl pel'IIIIWiel added this requirement to the bill for an ordinance to impnMI convlcllon !Illes for vtolallons relllled to pawnklg llolarl goods. City Council may remove this provision from the bll for an ordinance If they so desire. No alternatives were identlfted . • ...... .. ) r .. • . ... l' ''I~: '•t - - • \. ,.. • ,. ~ • ' '· PIIIIMCIAL. _.ACT 11le bMe fee has nal been NI• requinld by ChaplW 1 of TIiie 5. 11le ~ Nlllng fNs Is Kheduled to go to Clly Counc:11 on May 11, 1197. The amount calleded In 1191S wa $12,000. LIBT OF AffACIIIIENTS Copy of the prapGNd Ila for .. onlnance. ' ' . ORDINANCE NO. _ SERIES OF 1997 • • • (. BY AUTHORITY A 1111.1. POil r. COUNCIL BILL NO. 43 INTR0DUCEDBYCOUN9ft~~---~~_J...---"' MEMBER VORMITl'AG /'f;J~ AN Olq)INANCE RBPEALING 'lTrLB 5, CHAPTBR 12, SECTION 4, OF THE ENGLEWOOD IIUNICIPAL CODE 1985 PEllTAINING PAWNBROKEBS AND RE-ENACTING A NEW CBAPl'Ell 15, AND WIUCB RBIIOVBS PAWNBROKEBS l"BOII ORDINANCE NO. 25, SERIBS OF 1996 WIDCB PBRTAINS TO THB IIOBA.TOBIUII OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Bapewood City Council .-.bliwbecf a tamponry ,uapeneian or moratorium of c:ertam --i1an_. ~ licenw for a period of m maatba with the puup of Onlinance No. 25, aeriea of 1996; and WHEREAS, the moratorium or temporary IWlpftDIPm indudecl Pawnbl'obn lic:enaea; and WHEREAS, the liceme must be conapic:uoualy diaplayed ao ita validity can be readily determined; and WHEREAS, the lic:eme ia apec:ific t.o the location and licenle balder due t.o 101U111 and criminal bacqround iaaues IUITOUDCWll tbia lic:eue; and WHEREAS, the liceme requirm a bond to iDIAlft aJI nquiawata caat:ained ill this Title 5 and Chapter are followed and aJI ~ property ia returned by the licenae holder; and WHEREAS, the licenae balder muat haft iw ill an amoaat IU8k:ieat to cover I-that wwJd odmwiae be bane bye_.._. at ... balder, and WHEREAS, the ticwe bolder mut aalait to a........_.. el-* to pnt,eet tbe public &mo the .,_;biltty ol ..UO, with ._ ..-la; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS POI.LOWS: Sec;tiqp 1. The City Council al tbe City al ......... Colando b1nbJ ammdl Title 5, Chapter 12, Sec:tion 4, al the ~ lluaielpal Code UNI&, by repN)inc Cbap&er 12 and enadiDg a new Chapter 15, to Ned a1 llllowa: • , ·.., SECTION 5-15-1: DB:l"INITIONS 5-15-2: LICBNSB BBQUIRBD • . " • CIIAPTBRll PAWNBROm& 5-15-3: APPLICATION POR LICBNSB 5-15-4: SPBCIAL CONDfflONS AND BBSTlllCftONS OF THE LICENSE 1-11-1: DD'INITIONB: AS USED IN TIDS Sl!lCTION, THE FOLLOWING TERMS SHALL HAVE THE MEANINGS INDICATED: CONTRACT POR PURCHASE: FIXED PRICE: FIXED TIME: A CONTRACT ENTERED INTO BETWEEN A PAWNBROKER AND A CUSTOMER PURSUANT TO WHICH MONEY IS ADVANCED TO THE CUSTOIIBR BY THE PAWNBROKER ON THE DELIVERY OF TANGIBLE PERSONAL PROPERTY BY THE CUSTOMER TO THE PAWNBROKER ON THE CONDfflON THAT THE CUSTOIID, PORA FIXBD PBICB AND Wl'l'RIN A FIXBD PBRIOD OF TIIIB, NOT TO DCDD NINBTY (IO) DAYS, HAS THE OfflON TO CANCBL THE CONTRACT AND DCOVD DOIi THE PAWNBROKER TBB TANGIBLE PSB80NAL PROPERTY. TBB AMOUNT .AGBSBD UPON TO CANCEL A CONftACT POil PUBCIIASB DURING TBB OPl'IOII PBIIIOD. SAID PIDm PBICB SIIALL NOi' DCBBD: (1) ONB-TDITII (1/10) OF TBB ORIGINAL PmCB POil UCB IION'l'B, PLUS THE OltlODW. P08CIIAa PRICE, ON AIIOU1ff8 OF FIFTY DOLLAIIS <SI0.00) OR OVD; OR (2) ONB-nrrR (1/5) OF THE ORIGINAL PUltCIWIB PltlCB POR L\CII IION'l'B, PUJ8 TBB ORIGINAL PUBCIIASB PBICB, ON AMOUNTS UNDD FIP'l'Y DOLLAIIS (SI0.00). THAT PDIOD OF TDD, NOi' TO BXCBBD NINBTY (80) DAYS, AB SBT POR'l'R IN A CONTL\CT POR PURCIIABB, WITIIIN WRICH THE CUSTOIID IIAY BXDCISB 2 . ( •, • 0 - -<. • • • AN OPl'ION TO CANCEL THE CONTRACT FOR PURCHASE. LOCAL LAW ENFORCEMENT ANY MABSHAL'S OFFICE, POLICE AGENCY: AGENCY, OR SHERIFF'S OFFICE WITH JURISDicrION IN THE LOCALITY IN WHICH THE CUSTOMER ENTERS INTO A CONTRACT FOR PURCHASE OR A PURCHASE TRANSACTION. OPTION: THE FIXED TIME AND THE FIXED PRICE AGREED UPON BY THE CUSTOMER AND THE PAWNBRODJl IN WHICH A CONTRAcr FOR PURCHASE MAY BE, BUT DOES NOT HAVE TO BE, RESCINDED BY THE CUSTOMER. PAWNBROKER: A PERSON REGULARLY ENGAGED IN THE BUSINESS OF MAKING CONTRACTS FOR PURCHASE OR PURCHASE TRANSAcrIONS IN THE COURSE OF BUSINESS. THIS SBC'ftON SHALL NOT APPLY TO SECONDHAND DEALERS UNLESS SPECIFICALLY ADOPTED BY ANOTHER SEcrION. PERSON: ANY INDIVIDUAL, 1'lllll, PAKTNERSIUP, ASSOCIATION, CORPORATION, COIIPANY, ORGANIZATION, GROUP OR ENTITY OF ANY KIND. POLICE DIVISION: THE POLICE DMSION OF THE DBPARTIIBNT OF SAnTY SERVICBS FOR THE CITY OF ENGLEWOOD. PURCHASE TRANSACTION: THE PUIICIIA8I BY A PAWNBBODR IN THE oouaB OF BUSINESS OR TANGIBLE PBRSONAL PROPBllTY FOR RBSAI:B, OTHER TRAN NBWLY IIANUPACTUUD TAHGIBLB PDSONAL PIIOPDTY WHICH BAS NOT PIIBVIOUBLY BDN SOLD AT UT.AIL, WBBN SUCH PURCHASE DOES NOT CONSTITUTE A CONTRAcr FOB PURCHASE. TANGIBLE PERSONAL PROPERTY: ALL PERSONAL PROPERTY OTHER THAM CHOSES IN AcrJON, SECUlllTIES, OR PRINTBD BVIDENCBS OF INDEBTBDNESS, WHICH PROPERTY IS DEPOSITED WITH OR OTHEBWISB ACTUALLY DBLIVBllBD INTO THE POSSISSION OP A PAWNBROKER IN THE COURSE OF BUSINESS IN CONNBCTION WITH A 3 ·- • • ·, • CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION. 5-15-2: LICENSING REQUIRED: IT SIW.L BE UNLAWFUL FOR ANY PERSON TO OFFER OR PROVIDE THE SERVICES OF A PAWNBROKER WITHOUT FIRST OBTAINING A LICENSE. 5-15-3: APPLICATION FOR LICENSE: PAWNBROKER LICENSES SIW.L BE ISSUED IN ACCORDANCE WITH CHAPTER 1, OF nus TITLE. 5-15-4.: SPECW. CONDfflONS AND RES'l111CTION8 OP 11IE LICENSE : IN ADDfflON TO THE REQUIREMENTS IN CHAPTER 1 OF nus TITLE, THE FOLLOWING SPECIAL CONDfflONS OR RESTRICTIONS APPLY: A . EVERY LICENSEE SIW.L DISPLAY AV AUD LICENSE IN A CONSPICUOUS PLACE WITHIN THE PAWNBROKERS ESTABLISHMENT SO IT MAY BE READILY SEEN BY PERSONS ENTERING THE PREMISES. B. LICENSE NOT TRANSFERABLE: ANY LICENSE ISSUED PURSUANT TO THIS CHAPTER SIW.L NOT BE TRANSFERABLE. ANY SUCH LICENSE MAY NOT BE TRANSFERRED TO EITHER ANOTHER PERSON OR A LOCATION OTHER THAN THAT LISTED IN THE LICENSE APPLICATION. ANY CHANGE IN THE PARTNERS OF A PARTNERSWP OR IN OFFICERS, DIRECTORS, OR HOLDERS OF TEN PERCENT (10%) OR MORE OF THE STOCK OF A CORPORATE LICENSEE HOLDING A PAWNBROKER LICENSE SHALL RESULT IN TERMINATION OF THE LICENSE OF THE PARTNERSIUP OR CORPORATION UNLESS A WRITI'EN AMENDMENT TO THE ORIGINAL APPLICATION IS MADE. C. BOND REQUIRED: AS PART OF THE LICENSING PROCESS, THE APPLICANT SHALL FURNISH A GOOD AND SUFFICIENT BOND IN A SUM TO BE DETERMINED BY THE CITY AND SET BY RESOLt.mON. SUCH BOND SIW.L BE CONDfflONED UPON THE FAITHFUL OBSERVANCE OF THE REQUIBEIIENTS OF TIDS CHAPl'ER AND CONDfflONED UPON THE SAFEKEEPING OR RETURN OF ALL ARTICLES IN PLEDGE BY SUCH PAWNBROKER. D. INSURANCE REQUIRED: AS PART OF THE LICENSING PROCESS, THE APPLICANT SHALL PROVIDE FIRE AND PROPERTY DAMAGE INSURANCE FOR ALL PROPERTY THE PAWNBROKER HOLDS BY CONTRACT, IN THE IIINDIUM AMOUNT OF ONE-HALF (IJ'l) OF SUCH PROPERTY'S CONTRACTED VALUE IN CASE OF DAMAGE OR DESTRUCTION . THE APPLICANT IIUST PROVIDE THE LICENSING OFFICER PROOF OF SUCH INSURANCE COVERAGE BEFORE A PAWNBROKER LICENSE IS ISSUED. PROOF OF nus INSURANCE COVERAGE MUST BE PROVIDED EACH TIME A REQUEST FOR A RENEWAL IS FILED WITH THE LICENSING OFFICER. E . BACKGROUND INVESTIGATION: APPLICANTS WILL BE SUBJECT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPLICATION PROCESS. 4 • . ) r • • ,.. • • <, F . CHANGE OF OWNERSHIP OR MANAGEMENT: 1. A PAWNBROKER IIAY EMPLOY A MANGER TO OPERATE THE BUSINESS, PROVIDED THE PAWNBROKER RETAINS COMPLETE CONTROL OF ALL ASPECTS OF THE BUSINESS, INCLUDING BUT NOT LDOTBD TO, THE PAWNBROKER'S RIGHT TO POSSESSION OF THE PRBIIISES, HISIHEll RESPONSIBILITY FOR ALL DEB'l'S, AND THE PAWNBROKER IIUST BEAR ALL RISK OF LOSS OR OPPOllTUNl'l'Y FOR PROffl FROM THE BUSINESS. 2. IN THE EVENT OF A CHANGE OF OWNER, OFFICBll, DIRECTOR, OR HOLDER OF MOU TRAN TEN PBRCBNT (lK) OF THE SHARES OF STOCK OF A CORPORATE UCENSE HOLDER, PARTND or A PAllTNDSIIIP, OR MANAGER; DISCLOSURE IN WJllTING BY AIIENDIIENT OF THE ORIGINAL APPUCATION FOR THE ISSUANCE or A PAWNBROKER'S UCENSE THEREOF SHALL BE MADE TO THE UCENSING OFFICER. 3. NOTWITHSTANDING ANY OTHBR PROVISIONS OF TIDS SECTION, NEITHER A NEW UCENSE NOR AN AMENDMENT TO AN EXISTING UCENSE SHALL BE RBQUIBBD UPON ANY CHANGE, DlllECTLY OR BBNBFICIALLY, IN THE OWNBBSHIP OF ANY UCENSED PAWNSHOP, WRICH IS OWNED DIRECTLY OR BENEFICIALLY BY A PDSON THAT AS AN ISSUEll or A CLASS OF SECURITIES REGISTBRBD PUBSUANT TO SECTION 12, OF THE SECURITIES EXCHANGE ACT or 1934 (THE "ACT') OR IS AN ISSUER OF SECUlllTIBS WRICH IS RBQUIRBD TO FILE REPORTS WITH THE SECURITIES AND BXCIIANGB COIIIIISSION PURSUANT TO SECTION 16 (d) or THE ACT, PROVIDED THAT SUCH PDSON FILBS WITH THE COIOIIBSIOND SUCH INFORMATION, DOCUIIBNTS AND RBPOrl'B AS ARE RBQUIRBD BY THE PROVISIONS or THE JtCr TO -num BY SUCH ISSUER WITH THE SBCUBffll8 AND DCIWfGB C0111118810N. SUCH ISSUBll SBALL PILZ WITII THE UCDIIING omen INFORMATION ON MANAGD8, omcaa AMI> DlllBCTOBS or SUCH l8SUD OP ANY UCBNIIBD Oil Dft'allBDIATB SUBSIDIARY AS IS Ol'IIDw18E DQUIDD OP IIANAOD8, omens AND DlllECl'OU OF C08.POL\.ft PAWNBIIOIEDS . ,. THE APPIJCANT OR UCD181: BOU>D SHALL PAY A nB FOR AIIBNDIDNT OF THE APPUCA'ftON, WRICH FD SHALL BB DETEBIONED BY THE CffY AND SET BY U:SOLU'ftON. THE NEW MANAGO SHALL BB PBOTOGllAPIID, FINGBBPIUNTBD AND INVESTIGATED AS llBQUDlBD IN SBCTION 16-lM(B). 5 . ' . •. • • • . , . . ' • '. G. REQUIRED ACTS: 1. A PAWNBROKER SHALL KEEP A NUMERICAL REGISTER IN WlUCH SHALL BE RECORDED THE FOLLOWING INFORMATION: THE NAME, ADDRESS, AND DATE OF BmTH OF THE CUSTOMER; THE CUSTOMER'S DRIVER'S IJCENSE NUMBER OR OTHER IDENTIFICATION NUMBER FROM ANY OTHER FORM OF IDENTIFICATION WIUCH IS ALLOWED FOR SALE OF VALUABLE ARTICLES PURSUANT TO SECTION 18-16-114 C.R.S .; THE DATE, TIME AND PLACE OF THE CONTRACT FOR PURCHASE OR PUB.CHASE TRANSACTION; AND AN ACCURATE AND DETAILED ACCOUNT AND DF.SCRIPl'ION OF EACH ITEM OF TANGIBLE PERSONAL PROPERTY, INCLUDING, BUT NOT LIMITED TO, ANY .. TRADEMARK, IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL NUMBER, BRAND NAME, OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY. THE PAWNBROKER SHALL ALSO OBTAIN A WRl'M'EN DECLARATION OF THE CUSTOMER'S OWNERSIUP WIUCH SHALL STATE THAT EACH PIECE OF TANGIBLE PERSONAL PROPERTY IS TOTALLY OWNED BY THE CUSTOMER, OR SHALL HAVE ATTACHED TO SUCH DECLARATION A POWER OF SALE FROM THE PARTIAL OWNER TO THE CUSTOMER, HOW LONG THE CUSTOMER HAS OWNED EACH PIECE OF PROPERTY, WHETHER THE CUSTOMER OR SOMEONE ELSE FOUND THE PROPERTY, AND, IF THE PROPERTY WAS FOUND, THE DETAILS OF THE FINDING. 2. IF THE CONTRACT FOR PURCHASE OR OTHER PUB.CHASE TRANSACTION INVOLVES MORE THAN ONE ITEM, EACH ITEM SHALL BE RECORDED ON THE PAWNBROKER'S REGISTER AND ON THE CUSTOMER'S DECLARATION OF OWNERSHIP. 3. THE CUSTOMER SHALL SIGN HIS OR HER NAME IN SUCH REGISTER AND ON THE DECLARATION OF OWNERSHIP AND RECEIVE A COPY OF THE CONTRACT OF PURCHASE OR A RECEIP1' FOR THE PURCHASE TRANSACTION. •• THE CUSTOMER SHALL APJl'IX A RIGHT INDEX FINGERPRINT TO THE DECLARATION OF OWNERSHIP. 5. SUCH REGISTER SHALL BE MADE AVAILABLE TO ANY LOCAL LAW ENFORCEMENT AGENCY FOR INSPECTION AT ANY REASONABLE TIME. 6 . THE PAWNBROKER SHALL KEEP EACH REGISTER POR AT LEAST THREE (3) YEARS APTER THE DATE OF THE LAST TRANSACTION ENTERED IN THE REGIS'l'Ell. 7. A PAWNBROKER SHALL HOLD ALL CONTRACTED GOODS .,, WITHIN HIS/HER JURISDICTION PORA PERIOD OF TEN (10) DAYS • POLLOWING THE MATURITY DATE OF THE CONTRACT POR PURCHASE, DURING WIUCH TDIE SUCH GOODS SHALL BE HELD SEPARATE AND APART FROM ANY OTHER TANGIBLE 6 , • . ,~ • '· PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY . 8. A PAWNBROKER SHALL HOLD ALL PROPERTY PURCHASED BY HIM/HER THROUGH A PURCHASE TRANSACTION FOR THIRTY (30) DAYS FOLLOWING THE DATE OF PURCHASE, DURING WHICH TIME SUCH PROPERTY SHALL BE HELD SEPARATE AND APART FROM ANY OTHER TANGIBLE PERSONAL PROPERTY, AND SHALL NOT BE CHANGED IN FORM OR ALTERED IN ANY WAY . 9. EVERY PAWNBROKER SHALL PROVIDE THE LOCAL LAW ENFORCEMENT AGENCY, ON A WEEKLY BASIS, WITH TWO (2) COPIES OF THE RECORDS, ON A FORM TO BE PROVIDED OR .. APPROVED BY THE LOCAL LAW ENFORCEMENT AGENCY, OF ALL TANGIBLE PERSONAL PROPERTY ACCEPTED DURING THE PRECEDING WEEK AND ONE COPY OF THE CUSTOMER'S DECLARATION OF OWNERSHIP FORM . THE FORM SHALL CONTAIN THE SAME INFORMATION REQUIRED TO BE RECORDED IN THE PAWNBROKER'S REGISTER PURSUANT TO SUBSECTION 1, OF THIS SECTION. THE LOCAL LAW ENFORCEMENT AGENCY SHALL DESIGNATE THE DATE OF THE WEEK ON WIUCH THE RECORDS AND DECLARATIONS SHALL BE SUBMITTED. 10. EVERY PAWNBROKER SHALL CLEAR, THROUGH THE CITY, PRIOR TO RELEASE, ALL FDlBARMS, OTIIEJl THAN THOSE ) WHICH ARE NEWLY MANUFACTURED AND WHICH HAVE NOT BEEN PREVIOUSLY SOLD AT RETAD... 11 . EVERY PAWNBROKER SHALL PAY TO THE CITY A FEE FOR EVERY TRANSACTION FORM. THIS FEE SHALL BE DETERMINED BY THE CITY AND SET BY RESOLUTION. 12. EVERY PAWNBROKER SHALL, AT HJ.SIBEil EXPENSE, KEEP RECORDS OR PROVIDE REPORTS IN SUCH IIANND AND BY SUCH IIETHODS AS IIAY BE DETERIIINBD PROII 'fflO: TO TOO! BY THE LICENSING OfflCD. H . PROIDBITED ACTS: 1. NO PAWNBROKER, DIPLOYEE, OR AGENT OF THE r PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION WITH ANY PERSON UNDER THE AGE OF EIGHTEEN (18) YEARS OR WITH ANY PERSON UNDER THE INFLUENCE OF ALCOHOLIC BEVERAGE OR DRUGS . 2. NO PAWNBROKER, DIPLOYEE, OR AGENT OF THE PAWNBROKER SHALL BNTER INTO A CONTRACT FOR THE • PURCHASE OR PURCHASE TRANSACTION WITH ANY PBRSON KNOWN TO THAT BIIPLOYBE OR AGENT TO BE A THIEF OR TO HAVE BEEN CONVICTED OF LARCENY OR BURGLARY, WITHOUT FIRST NOTIFYING THE DEPARTIIBNT OF SAFBTY SERVICES. 7 I • • • SUCH NOTICE SHALL NOT BE DEEMED AS AUTHORIZATION BY THE CITY FOR THE PAWNBROKER TO ENTER INTO ANY CONTRACT WITH SUCH PERSON . 3 . NO PAWNBROKER SHALL TAKE ANY TANGIBLE PERSONAL PROPERTY FROM A CUSTOMER ON CONSIGNMENT. 4. WITH RESPECT TO A CONTRACT FOR PURCHASE, NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER MAY PERMIT ANY CUSTOMER TO BECOME OBLIGATED ON THE SAME DAY IN ANY WAY UNDER MORE THAN ONE CONTRACT FOR PURCHASE AGREEMENT WITH THE PAWNBROKER WHICH WOULD RESULT IN THE PAWNBROKER OBTAINING A GREATER AMOUNT OF MONEY THAN WOULD BE PERMITTED IF THE PAWNBROKER AND CUSTOMER HAD ENTERED INTO ONLY ONE CONTRACT FOR PURCHASE COVERING THE SAME TANGIBLE PERSONAL PROPERTY. 5. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL VIOLATE THE TERMS OF THE CONTRACT FOR PURCHASE. 6. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION FOR ANY TANGIBLE PERSONAL PROPERTY WHEREIN THE IDENTIFICATION NUMBER, SERIAL NUMBER, MODEL NUMBER, BRAND NAME, OWNER'S IDENTIFICATION NUMBER OR OTHER IDENTIFYING MARKS ON SUCH PROPERTY HAVE BEEN TOTALLY OR PARTIALLY OBSCURED. 7. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL ENTER INTO A CONTRACT FOR PURCHASE OR A PURCHASE TRANSACTION WHEN THE PROPERTY, WHICH IS THE SUBJECT OF THE CONTRACT FOR PURCHASE OR PURCHASE TRANSACTION, IS OTHER THAN TANGIBLE PROPERTY. 8. NO PAWNBROKER, EMPLOYEE OR AGENT OF A PAWNBROKER SHALL ASK, DEMAND OR RECEIVE ANY GREATER RATE OF INTEREST, COMMISSION AND COMPENSATION THAN THE TOTAL RATE OF ONE-TENTH (1/10) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE, ON AMOUNTS OF FIFTY DOLLARS ($60.00) OR OVER, OR ONE-FIFTH (115) OF THE ORIGINAL PURCHASE PRICE FOR EACH MONTH, PLUS THE ORIGINAL PURCHASE PRICE ON AMOUNTS UNDER FIFTY DOLLARS ($50.00). NO OTHER CHARO~ SHALL BE MADE BY THE PAWNBROKER UPONIBENEWAL OF ANY CONTRACT FOR PURCHASE OR AT ANY OTHER TIME. IN THE EVENT ANY SUCH CHARO~ ARE MADE, THE CONTRACT SHALL BE VOID. ANY CONTRACT FOR THE PAYMENT OF COMMISSIONS BY THE CUSTOMER FOR MAKING A CONTRACT FOR PURCHASE OR TANGIBLE PERSONAL PROPERTY SHALL BE NULL AND VOID. 8 .. ) :r • ,-------------------------::-------------~-s,-·--------------""""1 • • • I. HOLD ORDERS AND SURRENDER OF PROPERTY: 1. ANY LAW ENFORCEMENT OFFICER MAY ORDER A PAWNBROKER TO HOLD ANY TANGIBLE PERSONAL PROPERTY DEPOSITED WITH OR IN THE CUSTODY OF ANY PAWNBROKER FOR PURPOSES OF FURTHER INVESTIGATION. A HOLD ORDER SHALL BE EFFECTIVE UPON VERBAL NOTIFICATION TO THE PAWNBROKER. NO SALE OR OTHER IMPOSfflON MAY BE MADE OF SUCH PROPERTY HELD BY ANY PAWNBROKER WHILE THE HOLD ORDER REMAINS OUTSTANDING. A HOLD ORDER SHALL SUPERSEDE ALL OTHER PROVISIONS OF TIUS CHAPTER, AND ANY SALE OR OTHER DISPOSfflON OF THE PROPERTY AFTER THE PAWNBROKER HAS BEEN NOTIFIED OF A HOLD ORDER SHALL BE UNLAWFUL AND A VIOLATION OF THIS SECTION. 2. IF ANY LAW ENFORCEMENT OFFICER DETERMINES THAT ANY ARTICLE OF PERSONAL PROPERTY HELD BY A PAWNBROKER IS STOLEN OR ILLEGALLY OBTAINED PROPERTY, SUCH OFFICER MAY IMMEDIATELY CONFISCATE SUCH PROPERTY AND MUST PROVIDE THE PAWNBROKER WITH A RECEIPT AND CASE REPORT NUMBER . J . LIABILITY OF PAWNBROKER: 1. A PAWNBROKER WHO ACCEPTS ANY ARTICLE IN A PURCHASE OR CONTRACT OF PURCHASE TRANSACTION FROM A CUSTOMER WHO IS NOT THE OWNER THEREOF OBTAINS NO TITLE IN THE ARTICLE EITHER BY REASON OF THE EXPIRATION OF THE CONTRACT OR BY TRANSFER OF THE RECEIPT TO THE PAWNBROKER BY THE CUSTOMER OR HOLDER THEREOF. IGNORANCE OF THE FACT THAT THE ARTICLE WAS LOST OR STOLEN SHALL NOT BE CONSTRUED TO EFFECT THE QUESTION OF THE TITLE. IF THE PAWNBROKER SHALL SELL SUCH ARTICLE TO A TIURD PERSON, THE PAWNBROKER SHALL RECOVER THE ARTICLE OR REDIBUBSE THE FAIR MARKET VALUE OF THE ARTICLE. THE LAWFUL OWNER IIAY, UPON PROOF OF HIS OR HER OWNERSIDP OF THE ARTICLE LOST OR STOLEN, CLAIM THE SAME FROII THE PAWNBROKER OR RECOVER THE SAIIE BY THE APPROPRIATE LEGAL MEANS INCLUDING, WITHOUT LIMITATION, FORFElTURE OF THE FAIR MARKET VALUE OF SUCH ARTICLE OUT OF THE BOND REQUIRED BY SECTION 5-l~C). 2. A PAWNBROKER SHALL BE LIABLE FOR THE LOSS OF TANGIBLE PERSONAL PROPERTY OR PART THEREOF OR FOR DAMAGES THERETO, WHETHER CAUSED BY FIRE, THEFT, BURGLARY OR OTHERWISE, RESULTING FROM HIS OR HER FAILURE TO EXERCISE REASONABLE CARE IN REGARD TO rr. K . HOURS OF PAWNBROKERS : IT IS UNLAWFUL FOR ANY PAWNBROKER TO OPERATE DURING THE LLOWING HOURS AND ON THE FOLLOWING DAYS : 9 J r • • • • <. 1. AFTER TEN O'CLOCK (10:00) P.M. AND BEFORE EIGHT O'CLOCK (8:00) A.M ., MONDAY THROUGH SATURDAY. 2. ON SUNDAY. Sectigp 2. The Englewood City Council established a temporary suapenaiOD or moratorium of certain miscellaneous buaineu lic:emes for a period of six mODtba with the PIIIIIIIIP of Ordinance No. 25, series of 1996 and now nmaovt!II the following licenHS from the moratorium: Pawnbrokers. Sectigp 3 Spty CJtPHI The City Council, ba'l!by finda, determin•, and declarea that thil Ordinance ia promulptecl under the pneral police power of the City of Enrl-ood, that it ia promulptecl for the health, ea!ety, and welfare of the public, and that this Ordinance ia n-.ry for the ~ation of health and ea!ety and for the protectiOD of public convenience and welfare. The City Council further determin• dlllt the Ordinance bean a rational relation 1D the p:oper legialative object eougbt to be obtained. Sectigp 4-Seyarability If any claW1e, sentence, paragraph, or put of tbia Ordinance or the application thereof 1D any penon er c:ircumatancea ahall for any reuon be acljudpd by a court of competent juriadiction invalid, auch judgment ahall Dllt affect impair or invalidate the remainder of thil Ordinance er ita applicatiOD to other pel'IIOIIII or circumatancea. Sec;tjgp 5 1rnmliltn& OrdiQIPGII All odm-Ordinancea er portiona thereof inconaiatent or contlictiq with tbia Ordinance er any portion hereof are hereby repealed to the atent of aucb inconaiatmcy or c:oaffict. Sectigp 6 Effect q{ .,.., gr mgdi(icatiqp The repeal er modification of any provision of the Code of the City of BJlllewood bJ dlia Ordinance ahall nat releue, estinguiah, alter, modify, or cbanp in whale er in pat any pmalty, fwfaitun, or liability, either civil er criminal, wbicb lball u,e II-. incarred andm-laCb provision, and w:b pl'OriaiclD lbaD be 11..w and bald • ltill rewainin1 in force for the purpcw of •uataininr any and all praps adiam, 9aita, pra c_..inp, and pnaec:utiOD9 for the .,.._t of the pmalty, lafaitun, .-liability, -........ the pupa of mstainin1 any judfmmt, decrN, • md8r wbicb can • may be rendered, entered, or made in such actiou, 9aita, pra c_..inp, • s--•mm•. Sectim 7. fualty. The hnalty PruYiaicm of E.11 .C. Sec:tioll 1-4-1 aball apply to each and every violation of tbia Ordinance. Sectign 8. lffec:tixe Datc Tbi9 Ordinance lbaD ao into 6ct OD July 7, 1997. Introduced, read in full, and paued OD 6nt readinf OD the Mb clay of May, 1997. Pubu.becl u a Bill for an Ordinance on the 8th clay of May, 1997. 10 ' ' .. • ., • , • • • Amended and reintroduced, r'lllld in full, and paNed • amended on the 2ncl clay of June, 1997. PubJiabed u •DMllded on the 511a day al Jane, 1997. 'lbom.. J. Baru, lla,w ATTEST: Loucriabia A Bllia, City Clerk I, Louaiabia A Bllia, City Clerk al the City of Enclewood, Colondo, hereby certify that the ahc,q and foreaoiq ia ~ true capy al• Bill for an Ordinance, •DMDded and reintroduced, Ned in full, and JIUNd • •mended on the 2ad day al June, 1997. I I • • . ,~ • COUNCIL COMMUNICATION 0. Agendalam Sullject June2, 1917 Bill for an onlnance repealing TIiie 10 a viii 5, Chapter 13 and re-enadlng • new TIiie 5, Cllapler 13 of 1118 Cly Code. This .. mo rM10¥e tempol"my employmall 1, estalllltwnenlS from 1118 moralortum In 1118 Cly of anm.d8y I Frank::. Slaffloun:e -of Flnancilll Services Dlr9ctor COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This proposed bill for an ontinance repeals Title 5, Chapter 13, and 19-eMdS an new Title 5, Chapter 13 (Ternpora,y Employment) to the City Code. This will also l9fflCMI this license from 1118 moratorium. At the May 8, 1918 study session, staff discussed the proposed moratorium with the City Council. On June 3, 1918, the City Council read and passed Oldlnance 25, Series of 1918 on final reading. This Ordinance established 1118 fflOl'lllorium to NII from June 10, 1918 to December 10, 1918. Council adopted Ordinance 55, Series of 1918 extending the moratorium until April 10, 1917. On February 18, 1917, Cly Council approved on first reading• bll for and onlnancll extending 1118 fflOl'lllorium until July 10, 1917. On February 18, 1917, City Council approved on tnt INdlng • bll for and ordinance extending 1118 moratonum unlll July 10, 1917. On May 5, 1917, Cly Council passed this bll for an ordinance on first reading. This is being read on tnt reading again because an undesired gap In the rnoratortum would oau. Cly Council dlsamed this license wlll staff • 1118 study session held on Nov9mber' 11, 1918. RECOINEM>ED ACTION Staff nlCOfflfflellds Cly Council approve this 1111 for an onllnancl. UCKGROUND, WL'Y818, AND ALTEIINATND IDINIS & This ..... -l9Cllllly ....... lnlo Cly Code, IO,-ct-.. ... .., fonnalllng and lndulion of ,....,_ for wailing -and ,•ooms for cllenls ... fflD. 11w cllangea ... made In,..._ to comrnunlly concerns over Ille Imped dlerlls of lheN ......, ....... llave on Ille 9UITOUlldlng neigllbomoodl If aqu• facilities .. nat provided. No alematives wen, idenllfied. FINANCIAL _.ACT The llcense fN has nat bNn NI • ~ by Chapter 1 of TIiie 5. The raalullon Nlllng fees is 9Cheduled to go to Cly Council on May 11, 1917. The amount colleded In 1• was $500. UST OF ATTACHIIENT8 Copy of 1118 propoaed bll for an onlnllllce. .. ) r • , - ORDINANCE NO. _ SERIES OF 1997 • • ft • BY AUTHORITY ABILLPOR COUNCIL BILL NO. 42 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE BBPBALING TITLE 5, CHAPl'Ell 13, OF THE ENGLEWOOD IIUNICIPAL OODE 1985 PERTAINING TO TEIIPORAJlY IDIPLOYIIBNT SBRVICBS AND U-ENAC'ftNG A NEW CHAPTBR 13, AND WIDCH BDIOVl!:s TEMPORARY EIIPLOYIIENT SERVICES FROM ORDINANCE NO. 25, SBRIBS OF 1918 WIDCH PERTAINS TO THE MORATORIUM ON UCENSES IN nm CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Ba,tewood City Council eetabliahed a taaporuy auapeaaion or moratorium on certain mi-11aueoua buain-licenw for a period of m mmatba with the puup of Ordinance No. 25, amiee of 1998; and WHEREAS, the moratorium or temporary supeaaion included temporary employment services Ii-; and WHEREAS, the City of Enclewood deairee to ha.a all lamN in Title 5 of the Englewood Municipal Code to be in -tially the ume format; and WHEREAS, the lic:eD.IUII renewal requirement. ha.a been ~ and are controlled by Chapter 1 of Title 5; and WHEREAS, the nature of the buainNa inc:ludea the -bly of Imp numbers af people and the licemed premiaN muat ha.a adequate waitiq anu; and WHEREAS, the nature of the buainal incladea the -b1J of larp numben of people, the licemed premiw muat cmaply with 8llplicable buildiat codea nprdia, sanitation f'ac:ilitiea; and WHEREAS, repeati,e and -"1..,..... baa bem....,.... and WHEREAS, the Jiceme ia not tnmferable; NOW, THEREPOU, BE lT ORDAINED BY nm CITY COUNCIL or THE CITY OF ENGLEWOOD, COLORADO, AS POI.LOWS: Sgtiqp 1. 'l'he City Council of the City of......,_., Co&ando ~ __... 'nde 5, Chapter 13, of the ........... 1micipal Code 1985, by rapeaJiac wl re-eemn, Chapt.er 13, to reed • follawa: .. • , • • • t~ • ' CIIAPl'Ell 13 TEMPOBARY DIPLOYIIBNT SE1lVICB8 SECTION: 5-13-1: Definitions 5-13-2: License Required 5-13-3: Application For Liceue 5-13-4: Special Conditions and Beatrictiona « tbe Liceme 5-18-1:DEPINl'l'IONS: FOR THE PURPOSE OF TH1S CHAPTER THE FOLLOWING DEFINITIONS APPLY: DAY LABORER: TEMPORARY EMPLOYMENT SERVICE: PERSONS (NORMALLY, BUT NOT EXCLUSIVELY UNSKILLED LABORERS) WHO WORK AND ARE PAID ON A DAILY OR SHORT TERM BASIS WHO RECEIVE WORK ASSIGNMENTS OR ARE DISPATCHED BY AN EMPLOYMENT SERVICE TO WORK FOR A THIRD PARTY, WHETHER PAID BY THE AGENCY OR THE THIRD PARTY. ANY PERSON, FIRM, PARTNERSHIP, ASSOCIATION OR CORPORATION THAT MAINTAINS A CENTRAL LOCATION WHERE DAY LABOURS ASSEMBLE AND ARE DISPATCHED TO WORK FOR A THIRD PARTY USER. 15-18-3: UCDalB IIBQIJlllm>s rr SHALL BE UNLAWPUL POR ANY PERSON OR ENTITY TO OFFER OR PROVIDE TEMPORARY IIIPLOYIIBNT SERVICES IN THE CITY OF ENGLEWOOD WITHOUT HAVING FIRST OBTAINED A IJCENSE. 15-18-8: APPLICA'l10N POil UCBNIIB: TEMPORARY IIIPLOYIIBNT IJCENSES SHALL BE ISSUED IN ACCORDANCE Wffll CHAPTER 1 OF THIS TITLE. 15-18-4: SPBCW. CONDl'l'ION8 AND IIB8'l1tlC'l'IO OI' 'l'IIB LICDIIB: IN ADDfflON TO THE REQUIUIIBNTS OF CHAPTER l or TH1S TITLE, THE FOLLOWING SPECIAL CONDfflONS AND RESTRICTIONS APPLY: A . TEMPORARY IIIPLOYIIENT IJCBNSES KAY NOT BE TRANSFERRED TO ANOTIIBR PERSON OR LOCATION OTHER THAN THAT LISTBD IN THE IJCBNSE APPLICATION . B . THE TEMPORARY DIPLOYIIENT ESTABLISHIDNT SHALL PROVIDE A DESIGNATED WAmNG ROOM IN THE IJCENSED -2- • . .. ) r • • • • • PREMISES TO ACCOMMODATE THE SEATING OF ALL POTENTIAL EMPLOYEES AND CUSTOMERS OF THE LICENSE HOLDER. C . THE LICENSED TEMPORARY EMPLOYMENT ESTABLISHMENT CAN PROVIDE AN OUTDOOR WAITING AREA WITH SPECIFIC BOUNDARIES FOR POTENTIAL EMPLOYEES AND CUSTOMERS OF THE LICENSE HOLDER. D . THE LICENSED TEMPORARY EMPLOYMENT ESTABLISHMENT YUST PROVIDE AND MAINTAIN RESTROOM FACILITIES IN WORKING ORDER IN COMPLIANCE WITH THE UNIFORM Bun.DING CODE AS ADOPTED BY THE CITY OF ENGLEWOOD, COLORADO WHICH ARE ACCESSIBLE TO THE ASSEMBLED DAY LABORERS AWAITING DISPATCH. E. ANY CHANGE OF OWNER, OFFICER, DIRECTOR, OR HOLDER OF MORE THAN TEN PERCENT OF THE SHARES OF STOCK OF A CORPORATE LICENSE HOLDER OR PARTNER OF A PARTNERSHIP, REQUIRES A WRITl'EN AMENDMENT TO THE ORIGINAL APPLICATION FOR THE ISSUANCE OF A TEMPORARY EMPLOYMENT SERVICE LICENSE. THE AMENDMENT SHALL BE SUBMITI'ED TO THE LICENSING OFFICER WITH THIRTY (30) DAYS OF THE CHANGE OF OWNERSHIP. A CHANGE OF OWNERSHIP AMENDMENT IS NOT REQUIRED IF THE LICENSED TEMPORARY EMPLOYMENT SERVICE IS OWNED DIRECTLY OR BENEFICIALLY BY A PERSON THAT AS AN ISSUER HAS A CLASS OF SECURITIES REGISTERED PURSUANT TO SECTION 12 OF THE SECURITIES EXCHANGE ACT OF 1934 <THE "ACT") OR IS AN ISSUER OF SBCURlTIES WHICH IS REQUIRED TO FILE REPORTS WITH THE SECURITIES AND EXCHANGE COMMISSION PURSUANT TO SECTION 15 (d) OF THE ACT, PROVIDED THAT SUCH PERSON FILES WITH THE COMMISSIONER SUCH INPORIIATION, DOCUIIENTS AND REPORTS AS ARE REQUIRED BY THE PROVISIONS OF THE ACT TO BE FILED BY SUCH ISSUBR WITH THE SBCUillTIBS AND EXCHANGE COIOIISSION. THE ISSUEll SHALL PILE WITH THE LICENSING OFFICER INFORMATION ON OFFICERS AND DIRECTORS OF SUCH ISSUEll OF ANY LICENSED OR INTERMEDIATE SUBSIDIARY AS IS OTHERWISE REQUIRED OF OFFICERS AND DIRECTORS OF CORPORATE TEMPORARY EMPLOYMENT SERVICES. SctiAo 2. Liceme f-for this Chapter abaU be determined and aet by City Council in accordance with 5-1-8 ofthia Code . Soc;tjgn 3. The Encl-oocl City Council eatabliabed a temporary auapenaion or moratorium of certain miacellaneoua buainw licenw for a period of m mODtba with the paaaap of Ordinance No . 25, Nri• of 1998 and now removea the f'ollowinr liceMN from the moratorium: TEMPORARY EMPLOYMENT SERVICES LICENSES. -3- .. • • I • I . " ... 0 '1 f I l ! l I· 11 a· I r J I l l f l a· a a J , r l IJ I l t I a. i I f f l • : i a. f f r . f ~ a. ' l'J'1~11 t~ l!lf l[fJi~ ( tf -1 r f :~ Jf :h ! r l -.. t~ I. 11 1 .. 1t1 ttf ,; tttr th~H l~ 1liJ~j:!1f l} · ]1!1·1 lrlf'•fl a. •. I· la' J al f rtf •s fi 1'1 ihH· !! . Jl la·l'F lfi·lii . I '·1~1l,f. aft. ,l!• 1tJ~t; t ; Jf·,l1t:~i lijt ftl•1 •lr~l, ',· ~ I ij · f-1 f 1 f. .1 J 11 i fa ij . i l r " J I l -.!. g . l -f ~ ~1,~t 111~f: }1 ~,11 itltl, ... t J JJ .t • i r ij t f ~ s l 1= ~ .f I · · · !: f 1. ;· J ij tr a. Ir a : . a i . & r, ~ r , l a .. ti t! r h I ::s t -1,· f-a. rr ijfra. 1°~a.a.· ' rrlr,~J! fl i!!f. 1llrr[ , .~ r • • • ~ ' ' ' ' ~ ' ' .. • • <. Publiabad M •mended CID tbe 5th clay of June, 1997. ATTEST: Low:riehia A. Ellia, City Clerk l, LDuaubia A. Dia, City Clerk al tbe City ol Bn,lewoocl, Colando, hereby certify that tbe above end fonroiDI ia a true copy of a Bill for en OrdiDmce, •mended end reintroduced, rwf in full, end puaecl U •JIIMldecl CID t.be 2Dd clay of Jane, 1997. -5- • .. ., • , -----~---=-----------· • • , . • ·, ,. 10 bi BY AUTHORITY ORDINANCE NO. _ SERIF.S OF 1997 COUNCIL BILL NO. 34 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING AN AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND SOUTH ENGLEWOOD SANITATION DISTRICT NO. 1 FOR MAINTENANCE OF SEWER UNES OF THE DISTRICT LOCATED WITHIN THE CITY OF ENGLEWOOD BOUNDARIES. WHEREAS, the Englewood City Council approved the original maintenance agreement with South Englewood Sanitation District No. 1 for the maintenance of sewer lines of the District located within the City of Englewood boundaries with the passage of Ordinance No. 36, Series 1993; and WHEREAS, joint study sessions between the Englewood Water and Sewer Board and the Englewood City Council concerning thia matter were held on March 9, 1992 and September 21, 1992; and WHEREAS, The City will continue to provide wastewater collection ayatem maintenance for the area within the City's boundaries in exchange for an annual fee; and WHEREAS, the fee will be baaed on the amount that the City would bill the property within the affected area; however, instead of billing the individual properties South Englewood Sanitation Diatrict No. 1 would be billed; and WHEREAS, the City would provide sewer service to all c:uatomen within the City with thia service inclusion; and WHEREAS, the City would then be able to provide the same level at service that ill provided to other citizens currently serviced by the City aanitation ctistric:t; and WHEREAS, the City will annually clean and inapect all Dilltrict linea, rmpand to all emergency calla, take corrective action and anawer all inquiries concerning sanitary sewer service; and WHEREAS, the South Eqlewood Sanitation Dilltrict No. 1 will continue to own the lines and will be responsible for capital improvements; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectigp 1. The Wastewater System Service A,reement between South Enpewood Sanitation Diatrict No. 1 md the City of Enpewood for maintenance and operation of sewer lines of the Diatrict located within the City of Eqlewood boundariee ill hereby approved for a three year term; a copy of Mid A,reement ill attacbed hereto u Emibit 1. Introduced, read in full, and paaed on tint 1"Ndiq on tbe 19th day at May, 1997 . -1- . . .. ) ) r ., • • • • Publiabed u a Bill far an Ordimlu:e on tbe 22nd day al llay, 1997. Read by title and pMNd on final reading on tbe 2nd day al June, 1997. Publiabed by title • Ordinance No . _, SeriN al 1997, cm tbe 5th day al J-, 1997. Tbomu J. Burna, llayor ATTEST: Loucriahia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk oftbe City al&lpewood, Colorado, banby certify that tbe aboYe and fonaoilll ia a true copy al the ~ puNd on final reading and publiabed by title• OrdiDance No._, Seri• al 1997. -2- . ' • . • • 0 '32xl • •r---------------------- 0 • WAS'l'EWA'l'ER SYSTEM SERVICE AGREEMQT THIS AGREEMENT. for the maintenance and operation of that part of the sanitary sewer system of SOOTH !llGLEWOOD SANITATION DISTRICT NO. 1 (the "District") within the corporate limits of the CITY OP ENGLEWOOD (the "City"), is :nade and entered into. effective October l, 1996, between the District and the City; WITNESS ETH: WHEREAS , the District owns and operates a sanitary sewer transmission system consisting of easements, collector and transmission lines . cleanouts and manholes (collectively "facili- ties"), providing sanitary sewer service to its users in parts of Arapahoe County and five (5) municipalities, including the City; and WHEREAS, that part of the District's system within the City is shown on Exhibit "A" attached hereto; and WHEREAS, the City owns and operates its own system of sanitary sewer transmission lines, exclusive of the District's system, in the remainder of the City and has the equipment and personnel available to maintain and operate that part of the District's system within the City , as well as its own system; and WHEREAS. the City desires, on certain terms and conditions, to provide for the maintenance and operation of that part of the District's system within the City, and the District is willin9 to contract with the City for the said maintenance and operation; NOW , TB!ltEl'ORE. for and in consideration of the mutual promises , benefits , and detriments of and to the parties hereto and for other good and valuable consideration, IT IS HEREBY AGREED: l. Maintenance and Operation. Por the term and for payment• by the District to the City as hereinafter set forth, the Citf shall provide for the all-incluaive and complete maintenance, repair . and operation of all of the District'• facilities within the City, eaceptin9 onlf for the construction of nev or additional facilities not deemed replacement facilities and not considered as maintenance , repair or operations. 2. 3. l'.IIII!-This a9re ... nt shall be for a term of three (3) fears from the ef!ective date set forth above , subject to an option to renew as hereinafter set forth. Payments by the Dhtric;t . Por the HrvicH rendered .. hereinafter def:a.ned, the District shall par to the Citf S39 , 600 . 00 per rear durin9 the term of this a9re ... nt, parable quarter l y i n arrears . by the lOth day of the month follovin9 E X H I B I T 1 ... •· •. 0 4. • .,------------------------- • • the end of each ca l endar quarter , one-fourth ( l / 4) of the annual amount. Payments for any part i a l calendar quarters at the beginning or the end cf this agre ... nt shall be prorated based en the number of days of service provided by the City divided by the number of ca l endar days in the quarter affect- ed. All pay,nents . pursuant to this agre ... nt, shall be to the City cf !nglewccd. Department of Utilities. and remitted in care of the Director of Utilities at the address set forth in Paragraph 13 below. Services Provided . The City's all-inclusi•re and complete maintenance , repair and operation of all District facilities within the City , ezcept for the construction of new or additional facilities. shall include, but not be limited to: (a) The annual c l eaning and inspection of all District facilities within the City (manholes, cleanouts and transmission lines ), such deaning and inspecting to include, but not be limited to , visual and TV inspec- tions. root-sawing, chemical line treatment , the jet flushing of lines, and cleaning and inspection , on a mere accelerated basis . of any District facilities within the City which may require the same. (b) Responding to all emergency cal ls and effecting the appropriate remedial action and cleanup , if necessary, and except for the sale and the payment of sewer taps within the District boundaries, shall answer all inqui- ries concerning sanitary sewer service within the City . The District will pay for the cleanup resulting from a stoppage or backup in any District user's individual service line caused by a malfunction in a District line. If the malfunction in a Dist=ict line is occasioned by the City's negligence in maintaining that line, the City shall pay for the cleanup. The City , without prior approval from the District, is authorized to contract for any such cleanup , which the District will par up to a maximum amount as set forth in the District letter to the City identifying its contact persons , pursuant to Paragraph 6 below. Any cleanup expected to be in excess of that amount shall require the District's i11111ediate notification and prior approval. Rothing herein shall modify the City's reporting pursuant to Paragraph 6 of this agreement. (c) Making all rout i ne and necessary repairs to the Dis- trict 's facilities , by way of illustration and not limitation. point repairs , root-sawin9, cbmnical line treatment, manhole adjustments, surface and subsurface maintenance , as required in any of the District's easements. However , the City will not be required to provide seni ces that would be conaidered capital improvements , specif i cally defined as the replac .... nt of more than twenty (20 ) feet of p i pe at any one location. -2- ..... ... •· - • • • 0 t~ • ' (d) Marking all District facilities upon notice from the statewide one-call system, t1NCC or its successor, pursuant to C.R.S. 9-1.5-101, et seq., marking the same in the manner and within the time established. The City shall be responsi.bl e for the marking only, and the District will pay the monthly fees to OMCC or its successor to notify the City to make such markings. (e) Any other services which may be agreed upon in writing as an amendment to this agreement during the term of this agreement. 5. Joint Response. The District and the City recognize that numerous collector and transmission lines, as set forth on Ezhibit "B", either flow into the City or out of the City and that routine cleaning and maintenance and any emergency response in areas of such lines, their entry or ezit into or from the City, may involve or require the joint response and action of the District and the City. The City will respond to any emergency calls within the City, and the District will respond to any emergency cal ls outside the City; bowe•rer, both the City and the District will effect whatever action is necessary to remedy the problem wherever the same has oc- curred, and each will have the express and complete authority to cross boundary lines: (a) to locate and alleviate any stoppage, repair line breaks, or take such other corrective action; and/or (b) in flushing to disburse any accumulations or obstructions so that no problem is posed to downstream users. 6. Reports. The City will render reports on the cleaning, inspection, maintenance, repairs, and general operations of the District's system quarterly on or before the end of the month following each calendar quarter during the term of this agreement and, within the next business day, provide reports of all emergency responses, and the District wil 1 provide contact persons and telephone nwnbers to the City for such purposes . 7. 8. Sewer taps. The District shall continue to sell, as users within the City and its srstem request, sewer taps for the connection onto the District's lines on the same basis as the sale of th••• taps were made prior to the effective date of this agreement. Anr new taps sold or added to the District's system shall not, in any manner, affect this agreement nor the City's obligation. to provide service hereunder and shall not be considered an enlargement of the system. Ownership of racilities. Jothing in this agreement grants or conveys to the City any incidents of ownership, dominion or -3- ..... • . •· • • • control over, or rights in the District's facilities or with respect to its users , except for the rights granted herein, which shal 1 be those of an independent maintenance contractor, the access and license granted to the City in the District's facilities being limited to and prescribed by the provisions of this agreement. The City shall have no rights to discon- nect, extend, enlarge, convey, abandon or other-,1ise dispose of any of the District's facilities within the City without the express advance written consent of the District. 9. Jo Enlargement of System. Mo enlargement of the District's system within the Cit7 limits shall be made which imposes additional obligations on the City, unless the same is made by way of an express written amendment to this agreement. Mew (additional) taps made on existing District facilities shall not be considered enlargement of the system. 10. Liability. Each of the parties agree to be liable for their own negligence in the performance of their obligations under this agreement. ll. Earlv Termination/Nonperformance. Should the District or the City fail to timely perform any o.bligation or be other·,1ise delinquent in the payment or performance of any provision or condition of this agreement, the nonperforming party shall be in default, but only after a written notice of the specific delinquency has been given to the nonperforming party, allowing thirty (30) days from receipt of such notice to cure or remedy the delinquency or provision of nonperformance. If the nonperforming part7 does not remedy its delinquency or nonperformance within the prescribed time, the other, at its o tion, without further notice , may take the appropriate legal action, including litigation, to collect any amounts due or past due, seek an injunction, or in any other manner seek redress, including the early termination of this agreement. Should any litigation result , the prevailing partr shall recover its costs, including its expenses and reasonable attorney fees, from the other. 12. Option to Renew. Mo later than three (3) months prior to the end of the term of this agreement the parties hereto may renew this agreement upon terms and conditions mutually agreeable. 13. notices. All notices pursuant to this agreement shall be in writing, sent certified mail -return receipt requested or hand-delivered , notice being given when received, addressed to each of the parties. with a eopr to each party's attorney, as follows: -4- • . •· , • The City of Englewood Department of Utilities c/o Stewart B. Ponda Director of Utilities 3400 South !lati Street Englewood, CO 80110 <. South Englewood Sanitation District l'lo. l • • • c/o Eugene P. Dunham, President 5001 South Clarkson Street Englewood, cc 80110 Copy to: Daniel Lee Brot:man City Attorney 3400 South !lati Street Englewood, CO 80110 Donald!. Marturano, !sq. Attorney for the District P.O. Boz 2858 Litt!eton , CO 80161 Each party agrees to give notice to the other of any change in its representatives or their address. 14. Operational Specifics. !zcept as other-~ise provided herein or subsequently agreed in writing, the Oist=ict's agreement with the City on "operational specifics ," as set forth in the attorney for the Cistrict's letter to the City dated August 24, 1993 , shall be and remain effective and shal! be incorpo- rated herein the same as if fully set for~h. 15. Miscellaneou.. This agreement represents the complete Date: understanding of the parties, and each, by the signature of its representatives below, agrees , covenants and warrants to and with the other that each has full authority to enter into, bind and obl ic;ate the party for whom each signs. This aqreement may not be assigned by either party without the advance written approval of the other: and shal 1 not be amended or modified, ezcept in writing, which modification or mendment shall not be effective until the s ... is reduced to writing and executed by both parties hereto. THE CITY OP !l'IGLl!WOOD: B?.....---------------Thomas J. Burns, Mayor ATTEST: Loucrishia A. Ellis, City Clerk .. • • -5-0 '32 x l • · ... Date: Maf 7, 1997 ATTEST: • I- • C. • TU DISTRICT: SOtJ'l'B !1IGLl!!lf00D SABITATIOM DISTRICT 110. l Ji ' . ~~ ~. Secretary [SE AL] _,_ . • .. • • ------------------. • .. ... ~ -: .. ;. - - ii T - .... .... .. --- V i I\ • ··-· ·-··'----:- m1mrr ·A· WAS'l'EXATm SlCS'1'!JI Sl!RVICB ACRmBfr samt l!MGUJCXI> SANITATIQI DIS'1'RIC'1' NO. 1 WI'l'BIH ?BB Cl'ff a, l!JG'JIMDJ (SBAll!D) SOUTH "ENGLEWOOD . SANITATION DISTRICT <SBAD1D> . .... !XIIIBIT ·~· • I· C • • • • r · 1. ( EDIBI'l' "B" IIAS'l'!!WA'l'D SYS'fEH SERVICE AGRD:ND'l' LI11ES IOIICB GO lrm OR OU'l' OP 'l'IIJ: Ciff District lines which flow iAt.Q the City: --so. Clarkson north of I, Belleview, vest to MB Di-6. --so. Clarkson at approx. I, Grand, v .. t to MB Di-5. --so. Clarkson at Viking Dr., vest to MH Di-3a. --so. Clarkson at!. Chenango, vest to MH Di-2. --so . Clarkson at!. Layton, vest to MH D-9. --so. Clarkson at!, Tufts, vest to MH Dh-4. --So. Logan at!. Belleview, north to MH Ci-9. --!. Centennial Ave. approx. 600' east of So. Broadway vest to MH r-s. --w. Belleview (900 Block vest), north to MH H-28. --so. roz at w. Progr••• Lane, north to MH Z-3*. District lines that flow gut pf the City: --North of Lebow, south of the Interurban Subdivision, south to MH Z-5*. --So. !lati Dr., south of W. Belleview, south to MH Z-3A*, --so. Santa re Dr. north of Tufts, north to MB A-12. --w. Quincy at So. Santa re, vest to NB A-8 then NB V-0*, MB•Manhole. NWllbering is from District maps. lach lll&Jlhole listed is the first manhole .llr.m or gtJ'l' QP the City on the line described, which era•••• the City boundary. *•MAIIBOLE ON 42" BIO DRY IIITE1lCEPTOK mIBIT ... • . ,,, •· I .. • . .--------------------------- ORDINANCE NO. _ S~OF1997 • • BY AUTHORITY COUNCIL BILL NO. 37 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN OIL AND GAS SURFACE OWNERS AGREEMENT WITH UNION PACIFIC LAND RESOURCES CORPORATION, AND EASEMENT, RIGHT OF WAY, SURFACE USE AGREEMENT WITH HS RESOURCES AND A LETI'ER AGREEMENT WITH HS RESOURCES. WHEREAS, the City of Englewood City Council authorized the purchue of a farmsite for beneficial use of the Littleton/Englewood Wastewater Treatment Plant Biosolids Management Program with the passage of Ordinance No . 15 , Series of 1986;and 10 b ii WHEREAS, the Cities of Englewood and Littleton own a total of 7,040 acres of farmland to ensure stable and secure biosolids recycling for the Littleton/Englewood Wastewater Treatment Plant; and WHEREAS, Union Pacific Land Resources owns 100.. of the mineral rights underlying a 40 acre parcel of the property; and WHEREAS, Union Pacific 1-the right to ezplore and develop the minerals to HS Resoun:es requiring HS Resources enter into a Letter AgrNment and Euement with the Cities to use the IIW'face of the property for their operatiOD11; and WHEREAS, the Surface Owner's Agreement for oil and gas provides that the Cities be paid 2 112% royalty if oil or gas is found; and WHEREAS, entering into the agreements givea the Citiea muimum land control if rights are developed, such rights can be developed with or without the agreements; and WHEREAS the agreements becauae of the terms are for a one year period or for as long as the well produces if oil or gas is found; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: S@rtiop 1. The City Council of the City of Englewood hereby authorizes the Easement, Right-of-Way and Surface Uae Agreement, attached hereto as Ezbibit A; and a Letter Agreement , attached hereto u Emibit B; between the Littleton/Englewood Wutewater Treatment Plant and HS Reaourcea, Inc .. S@rtiop 2. The City Council of the City of Englewood hereby authorizes the Surface Owner'• Agreement, attached hereto u Ezbibit C, between the City of Littleton and the City of Englewood and Union Pacific Land Resources Corporation. -I - ' I • • ·, • ... Sgtigp 3. The City Manapr or bia deai,-. ia audMaiwl t.o enc:ute the Smface Uae Aen,ement For Oil and Gaa Leue for tbe City of Enclewood. Colorado. Introduced, read in full, and paued on fint reading on tbe 19th day of May, 1997. Published u a Bill for an OrdiDmce on tbe 22nd day of May, 1997. Read by title and paued on fiaal readiac on the 2nd day of June, 1997. Publiabed by title u OrdiDmce No. __. Seriea of 1997, on the 5th day of June, 1997. 'l1lamu J . Burns, Mayor ATTEST : Louc:riahia A. Ellia, City Clerk I, 1-iabia A. Bllia, City a.rt oltbe City al Bllplwoad, Colando, ~ certify tut the abcml and ........ ia • true CDpJ of the OrdiDmce ...... Oil tlul reading and publiablcl by title u OrdiDam No. __. Sena al 1997. -2- .. -' •i . l ' • ·, '· • • • a t " This Easeaent and Surface Use Agr-nt ("Aar-nt"I Is entered into u of the __ dai, of 1997 by and between The CitJ of Enalewood and The CltJ of Littleton, whose addrese is 3400 s. Elati, Enalewood, co 80110 ("Surface Owner,· whether one or ...,,.,, and HS RESOURCES, INC., a Delaware corporation ("RSR"l , with offices at 3939 Carson, E•ans, Colorado 80620 OR 1999 Broadway, Suite 3600, Denver, CO 80202, co•erina certain lands, (the "Landa") situated In Arapahoe CountJ, Colorado. described u followa: Township s South. Rann §l !felt, or \be §th e,N, Section 23: SE/4SV/4 except the IIHt 40 (Ht For and In consideration of the sua of ten dollan (110.00), and other •alaable consideration, th• receipt and sufflctancJ of •hlch are herellJ aclt-ledaed, the undenlaned herebJ aaree to the ter-and pro•lalona Nl forth u follows: 1.0-nnll\iQn (or Well! BS: HSR shall paJ to Surface owner the ••• u set forth in and accordln1 to the ter•• of that cutsin Lettu 111reeaent bJ and betweet1 Sarface owner and HS1t, dated 997, as full and final settleaent and ... usfact.lon for any and all detriaent, depreciation, injury or dsftlaae or any nature to the Lands or 1rowin1 crops the,-that -y occur as a result or HSR's drilling or coaplellon operation!I or its continuln1 acti•ities for the production or transportation of oil. au, or other hydrocarbons or prodacta aaeociated with the fore1oin1 Including, but not Halted to, surface un, access, ••d and reeer•e pita, wellh•d equipaent, separators, tank batteries, pipelines, aatherina lines, no.u-. pipeline Interconnections, and any and all other reaeonable or c••-o •-of land releted to said operations or actl•itles, 2.orant g1 lilbt g( •11 and re Surface owner harebJ aranta, baraains, NIia, anlans and con••1• to HIit an •-nt and rl1ht-of-wa1 for the purpose or constractin1, asifta and aaintai,ung -roads, locatADns for surface equip-nt and subsurface 1atherin1 lines for each -u drilled apc,n the Lands, pipelines, and pipeline interconnections for one YNr froa tlle date of caaaanc-nt of surface acti•ltln for drillln1 operations and ao Iona thereafter u oO or au la prodaced or capable of beln1 produced rroa any well drlllecl on the Lands or lands pooled or anitized therewith. This 111r-nt shall be blndln1 upc,n the respec:tl•e heirs, uecatora, adainlatraton, succesaors, and ual1ns or the underai1ned. The undersl1ned ha•• executed this Aa~nt u or the day fint abo•e written. SURFACE OWNER THE CITY OF ENOLl!WOOO THE CITY OF LITTLETON If HS ltl!SOUltCES, INC. IY:...,...----,,,--=--------Ja-w. Puqaes Attorney-In-Fact . ' • . .. • 0 . ... t. 1 a2xl • STATE OF COUNTY OF , I · ... • • • ... Thia lnatru-nt wu ectnowledsed before -thla ----daJ' of ----• 199_ bJ' ----------------------------- wttn-•J' hand and official ..i. llotarJ' Public IIJ' coataluion upira -------------- STATE OF COUNTY OP , , Thia inatna-t wu ectnowledsed Wore -thia ----daJ' or ____ _, bJ' ------------------------------- wttn-•J' hand and official -.I. NotarJ' Public IIJ' c:aaalulon eapira ____________ _ STATI OF COLORADO I CITY AND )n COUNTY OP DENVER I Thia inatru...,t wu ect,-ledsed before -thia daJ' or 199_ ,......,,------' 199_ bJ' Janet W. l'ufl• .. AttomeJ'-ln-FIICt of RI ·--Inc., a Dela-re corponUon, on behalf of the corpontlon. Wltn-•J' hand ud offldlll ..i. llotarJ' Public IIJ' cc eeln•• uptna -------------- II 7 Mia I • ....... c. ...... i. • • 0 1 32xl • • • •, • .. LE"ITER AGREEMENT This Lener Agreement is entered into this __ day or ___ l997, by •d between City or Englewood and City or Littleton, whose address is 3400 S . Elati, Englewood, CO 10110, ("Surrace Owner." whether one or more), and HS RESOURCES. INC., a Delaware corporation ("HSR"), with offices at 1999 Broadway, Suite 3600, Denver, Colorado 80202 or 3939 Carson Avenue, Evans, CO 80620 in conjunction with that certain Euemmit, Right-of-Way •d Surface Use Agreement. dated 1\-lnrch 4. 19976 by and between Surface Owner uid HSR covering certain lands (the "Lands"}, situated in Arapahoe Com,ty, Colorado described as follows: Township s Soylb R1nce 63 Wea, or Jb• 6Jh PM Section 23 : SE/4SW/4 except the Weat 40 hot t. CvmPIDllliRo for PPC•llivn Belew or AH Cllim Subject to the pro,•isions or parograph 3.C) below, HSR shall pay to Surface Owner the sum or One 11,ousand five H..,dred dollars (Sl,500.00) on or before the spud dale of each well that may be drilled on the Lands, which shall be I one time payment per well as full •d final settlement and satisraction for any and all detriment, depreciation, injury or dunqe of any nature to the Lands or crops growing thereon that may occur as a result of HSR's drilling •d completion operations or continuing activities for the production or tnnsportalion of oil or gas. J . AddiliPIYI PmYiMPIJI A) Ways of ingress and egress, well site --. talt NIIIIJ"'-_._ _. ....._ tndt laYiai -llltall be~ by • --s.r.. 0-.. HSa prior ID -- ••i1-t of~. B) R-.iion or the Lands •a11 --• -• pradicliWe after_....., con,plelion activities are concluded. The .__. ..at N --' • dae • ._.w, practicable lo their condition when HSR fint co•••••• ..,.._ • .... C) HSR has negotiated with the Sllfface 0-, ,.._ ID Sec. JCM .11 el .. C....... Oil •d Gas Conservation Commiaion Rules Md~• HSa ..-._ .. ,.,_ in compenlllion ror swface damages III forth itt ........ I ...,. .. N re. w I l crop 1-or lMd damage resulting rrom -or the pnaiNS by HSI._. shall -....,. HSa ror liability ror injwy or dmnap or any other -· HSll r .......... tltis --- pay_, does not relieve it of •Y other bondint ,..._11 or __. ror o,aaliaa. including buc -li111iled to pit ct--. well p1,..... aM UP -mm 1sa1111. n. paymat rwennc:ed ill.,....... 1 .,".,. -~ .. s.r-o-r-,..... ,__es or -,y kind thro,,p the Colorado Oil md Gas C--C This Letter Aar-1 shall be bindina t1p1111 the .....,.ai" Min, -., ..._. ..-. . ........_., ...i aairs of dte ...... ped. SUI.JI ACE OWNl!II. CITY OP UlTLETON I:,: _____ _ CITY OP IINGLEWOOD I:,: _____ _ HS IU!SOUII.CES, INC . B:,: _____ _ .lmllW ...... ,......, ...... !I ··~ I , l' ::t .. • • 0 , . • SURFACE OWNER'S t\GBEf'.MEN"[ nus AGREEMENT, made and entered into this 20Cb day of March. 1997, by and between THE CITY OF LITTLETON and THE CrrY OF ENGLEWOOD, MUNICIPAL CORPORATIONS (hereinafter for convenience called the "Landowner") and UNION PACJFlC LA."'fl> RESOURCES · CORPORATION (hereinafter for convenicnc:c called "UPLR.C"); W I T 'Y E $ $ E T B· RECITALS: Landowner is the owner ot"thc followinc-desc:ribcdpremises, hereinafter referred to as "described premises": TePlllbla 5$ Bann QW Secdoa 23: SE/GW/4 except die West 40 feet Ar.apatMc c~. Colorado St.1BJECT, however. to exceptions and reservations of minerals and rights of entry and of surface use concained in a cenain deed or deeds ot" conveyance, as follows: Warranty Deed No. 213 dated October 17, 18991'rorn The Union Pacific La.ad Company to Frank Girardot. recorded December 23, 1899 in Book A-72 at Pap 264 in die office of the County Clerk and Recorder of Arapahoe County. Colorado. Union Paciftc: Railroad Company is successor in interest to The Union Pacific Land Company and UPLRC is successor in imerest to all the ripit, title and imet"at of Union Pacific: Railroad Company in aad to rhe oil, au and asFOCia•ed liquid hydrocarbons in said premises f'or. a term or period equal to or uc:eedina die feffll of this Surfxc Owner's Asreemcnt. UPL.JlC propo-for UPLR.C or ia:s a,ena:s. ,-. I~. succcaon or usisns to prospect -.-aad explore die dacl ibed prmniscs tor the dcveJopmcn1 and procluaion of oil. ps and associar=i u.,.t byclroc:ari)oa IUbMances eidlcr on UPUtC"s bem.lf or IIDder or punuam to an oil aad ps lease or U.:-, or lmdar or punuw to a "uaitizarion apecmcm", -.aiq here and wherever that liCffll is __. lwwin aay openanc .-. or any otMr" aar-cowriftl die uploncion or de,lelopmenr fbr or • produc:lion of oil. JU or usoc:iar.ed liquid ~. or any poolin1. communitization, -* or otbel' apwat ,w11aaby me dacribed ~ may be ishaded widl ocbllr' lands in proximily ___, u a --U..S. a plan of unit or joinl cxplotalioa, daYelopmcm and operation. a.idea coaftrmiaa cbc surftlos uw aprwly w tbl1II below, mis.,..___ is iDmlded to avoid ad ,wohe.aay and all dupuw of wbalever aacme in =-••kn wub die owmnhip of oil, 1u aad •n 1 t Uquid ~subalaDca in die cllllC:rillad ....-. iDc:1udina ripa to arnict. remove or aadat IISh milarals. and IDcbldtas any IUcA dbpuse dial -Y ariMt tm..ftcr. wherber or not tbc baaia ftx IIICb dbpurc is -lalown or bu baas ~ •flled In dJapma lnvolvins acepdons and .-•iilDDiW of llliDa:aala ID omcr deeds ~ Union Pac:iftc llailroad Compmy or lea prer'e nlffl'S. ACiaEEMENT: NOW, THEREFORE. it is ap-eed u follows: Section 1. In conaidandonof tbD muaaal ~ and ocbar saocl and valuable -ideradon. Landowmr hereby conftcma, eX1laDds aad sraaa to t1PLllC. iCI apam. i-. 1-=-. succaaon and uaism, incJud1nc aay opcraror or llllit openlOr from eta. ID aam In cbarp of opcraaona under a unirizarionall'Nlmnt. and dlair respecuvw succaaon and aai .... dlo •--aad ripa to 4llllel' upon the dac:ribod prcmacs and any Janda adjKO&ll or conu,-. dlaralD owmd or claimed by me I..andowna- Uld to exaract. ..__, nore, crampon. and markac for la or tbcir accou111 oil, Pl aad aaociaaad liquid bydrocarbon subalanccs In or from said deacribed sn-iw, Uld IIO clrill, CGaall'IICt., mabatn and \IIC gpon, widwl, and O'Vff said dac:ribed premisea all oil w.a.. Pl welll. darricka, machinery, lalllts, drips. boilen, ensina, plpcll-. ~ and lmel'bonc 11-, roadways. wam' ..U., and, widloul Umimdon by rcuon of die fbrqolna ~n. any and all odm' IIIUl:lllna, ....--. fta1111W, ~. or fal:ilida (all of die above beinl included UDdar die arm ·1*:iJldel") ~ or 1 .... • X H ' I • I T C I • 0 - convenient in prospectin& and developing ror, pnxJucini:. storin1, tranSportina:. and marketing oil. gas and assoc:iatcd liquid hydrocarbon substances under or produced l'rom any portion of the described premises or under or produced l'rom any portion of the unic area c:n=dal under a wutization a11cc:mcm, to&cdler with the riabl to remove said facilities and the right to use such water u may be needed from tbc dcseribod premises, aot inc:ludinc warcr t'rom Landowner's wells. Section 2. UPLRC a,rees. so long u it is receiving oil and/or gas prodw;tion from or oil aad/or gas royalties upon production from the dacn"bed premises or allocamd thereso uadar tbc provisions of a unicization aarcc:mcnt. to pay or cause to be paid to me Landowner in c;ub die value (which sba.11 never be ,reara-than !be amount realized by UPLR.C from tbc sale of such produaion) on tbc promises of iwo and one-half pcrccnt (2 1/2 ") of all the oil and gas aad associated liquid hydrocarbons heraftez' produced, saved, and marlcered lberefrom or alloc:aced mercro as aforesaid. excepc oil and cu and auoc:ialed liquid bydrocarbons used in opcracioas on the premises or used Wider the unitization acrccmcnt. and c::xcqx that as a, casiqbcad psolme and ocbcr producu mamdaaurcd from ps there shall be deducred the cost of manufacture: provided, however, thac durin& any time tbc described premises or any portion tbercof are induded within the boundaries of a participanng, pooled, or commuaitized area. and there is no provision for the payu.m of royalcia a, UPLR.C but it partici- pams in the production O:Om rho pooled, communitized, or unit area .u a wortan1 interest owner. then tbc two and one-half pcrcclU (2 1/2 ") above set forth sball be applied a, that pen:emap of the total production from such uea which is allocated to the described prcmiacs. Any payment made to the Landowner pursuam to this Section 2 for production which is sold or wbich is used off the premises shall be calc:ulared after deducdng all cues. now or ~ levied ap.inst. paid on. or measured by production or the value thereof, and after deductin& all costs incurred or borne by UPI.RC for treatinc the production to make it mcrchancable, and for pthcrin1, i:rmsponinc and compressina tbc production prior CD delivery to the purchaser at the poinc of Ale or use. When producdou of oil from lands under several surface ownerships is commin1Jed in one ccnual tank seuins for practical operatinc reuons. periodic individual wcU cesu may be made to compute tbc quantities of comminaJed oil properly allocable to each well, and tbe two and one-half percent (2 1/2 '5) pa,--provided herein shall be payable upon the quantities apportioned to ~ well as reported CD UPLRC in t\a1J satisfaction or tbe obligations of UPLRC under this Section 2. Section 3. Notbiq herein contained sbaU be comaued as a covenant a, drill by UPLRC, ia acems, laseea, licemclc:s. successors. or auips, or by any operator or unit operator, or as a aranc CD Landowner of oil ~r ps rislm or ri&bu in ocber usoc:iall:d liquid hydrocarbons. Secuon 4. UPLRC. ia qena, i-. licensees, succasors and auips, lDcludiq the operuor or llllit openlfOr Wider a 11aitizarioa apeemem. .shall be required: (a) to pay for all damase CD Laadowmr'1 landa, builcllnp. and srowina ~· camed by the erecaon or~ ot facilities co be used in c:oamcaoa widl oil or pa or uaoc:i1Pld liquid bydroc:arbun opcradolls; (b) to bury all p~ below plow depdl wbare tuCb lims crou culdvatad land; and (c) to comcruci pcm or, u ia option. lnscall came parcls wbaw -.y fol croainc faced land iD COllll&CDOll with exploradon. development. or producins operuiom aad. where an eJeccioa bu be.a made a, comcnac:r pea in lieu of caalc parda. to lcaep IUCb pea in repair and dosed. In no.-lball Ibo UIIOUIII of~ ---S .. ·die value (u dcrcrminad by me 11N of die land at me time tbc ~ --1aiaad) of Iba[ portion of die uadowaer's lands acmally IIMd by UPLllC. ia ..-. 1-. liccmees, 1ucc1 aa or auiaaa, tbr tbo locadon of ia tacilicies. The l'lcc tlw damaca have noc been apead up,a sball in no -Y delay. racrict. impair or diminish the riaht of UPUlC, Its apnu, i.-, lk n r n. succcuon and wllftl co -or coaduct oil and gas openaom on tbc described pNllliles. Section 5 . Odlar than tbc paymems to be made .u ator.aid. die ~ shall DO[ be encided a, any odJer or addiuoaal paymcnu as a result of die coaduct of me opcradom described in Section l hereof, and Laadowmr will claim no ripe, title or inlmat in or a, tbc oil, au and auociarrd liquid hydrocart:,oa -~ in die dacnl,cd premises. Section 6. Subjecl to die provisiom of Secdon 8 hereof, It la apNd tbac die co--. CD pay die -provided In Seaiom 2 aad 4 ba9of shall be coftlllllll rwmiDI wilh Ille ~ owmnbip of tbo dalcribed p1wmiw aad lbal1 DO[ be bald or tramfared ..,.......,, dwa...tt:om. aad 111Y _. payable ander mla asr-sball be paid CD Ila. person or ~ OWllina Iba IUrfaca of Iba dacribed ~ u of ma dam ma oil or au or ,_;Ned liquid hydroc:arboa producdoil 11 rnarbted. UPUtC lball nae. 2 , I· 0 1111 I' flflfttf •111'1 11111 •• I 2 tU . h if. & 1 llJ i't iii lit i" · I i11~ 11~ tli!rl!t~ ~IJ!it; il!f! 8~ ~iff i~ 1r11art 111 lil .. 1~s! '' it If I rt i·· 1 Ji! f h. !"(. l jll ,1 t,ji . 1} JI ·111111,1.1 'J,'a · I f! f &" 2. ! f l_ ! 1 1 •• ,1-11 I 1, 'f i'h st. lif 11 '1 : -n 1 . ... t ·~·~ 1J I I!£ IJ 111·, • :1 ,, I f! itf!~, ir f 1111 ll 'i ' .. r I .. • -t .. 19 a IJ•lJi ·•f' 1 Ii I I 11 11 ., 'I•· r,, I !!Ii JI il-11·f11 ~J 1ii! 'ii~ 7 l Ilg! fl 11f •• lfJI 1~!1 J1 fi'I i r,l, 8 11111!.1 l,11 , I . ' " . -.. ' ' .. 0 Ill ' , . \. • ATTEST: ATTEST: • , . • UNION PACIPIC LA."llD RESOURCES CORPORATION By: _________________ _ Sllsaa Wbirasldc. Acronwy-in-.Fact TIii: CITY OP' LnTLETON, COLORADO BY=----------------- nuc Taxpayer JcanofiClllioa Number C/0 Seu Fonda. Dirsior ofUtilida 3400 s. Ewi. Eql~ co IOI 10 TIii: CITY OF ENGLEWOOD, COLORADO BY:·----------------- Taxpay• Idendtlcalion Nmnber C/0 Sm Fonda. Dinc:IDI' ofUdlicia 3400 s. Ewi. Eaalowood. co 80110 ----------------------------------------------) ) .. ) Tba fimlaoiDS UlllnllllaD& -admowledpd bafon me rllil __ day of • 1997, by u of -==~;;;:-------------~ COlpOl'UioD. OD bcbalf of die COlpclll'llioa. w, cca,-m·ar-111...,_: ---------------------------------------------) ) . ) Tbatan111.. -rt .... ·~-dlia_clayot ______ .1997. by -oil mmrada------------·~ -------c:orpondoD. OD blllalf of• corpon liaa My cC-IIMlllillll ....... : ' .. --- . -.. • • • <. ~-----'------~-·--·- --------------------------------------------- 'l'1le fb.4)1. :laaL C -adalowladpd llefor9 -dds day of 1997, by SUSAN WHiiSSWE. u an AIIDaa)'-iD-FKt of UNION PACD'IC LAND lt.ESOtlllCES coaPORATlON, a DaiawmW caq,on:ioD. OD t.llalf of die c:orparadoa. • . .. • • • - • 'f~~IOb~ !lll.HORITY ~ ~ ORDINANCE NO . _ SERIES OF 1997 COUNCIL BILL NO. 40 INTRODUCEDBYCOUNCIL ~~ MEMBER BURNS ~ AN ORDINANCE AMENDING TITLE 3, CHAPTER 8, SECTION 1, SUBSECTION ~ 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO FIREFIGHTERS' DISABILITY BENEFITS. WHEREAS, for all firefighters hired on or after January 1, 1997, the State of Colorado has mandated that the contribution toward the COllt of death and disability pen11ion benefit shall no longer be paid by the State of Colorado, but shall be paid through the local jurisdiction; and WHEREAS, Section 31-31-811 (4) of the Colorado Revised Statutes requires that the determination regarding the ll88elllllllent for the coat of death and disability pension for firefighters hired on or after January 1, 1997 shall be made at the local level; and WHEREAS, pursuant to Section 31-31-811 (4) of the Colorado Revised Statutes, representatives of the City conferred with representatives of the firefighters regarding how funding of the death and disability pension for firefighters hired on or after January 1, 1997 iB to be 8BIM!lllled; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tigp 1. The City Council of the City of Englewood, Colorado hereby autboriw the amending of Title 3, Chapter 8, Section 1, Subaection 2, of the Englewood Municipal Code 1985 to read u follcnn: A . la••• .. 4pha1aUhe ia11• 1 fll-, &.. fptu, whe, • • ,_., flliajm; 11, illae•, IN ORDER TO SUPPLEMENT 111!! INCOME OF ANY FIREFIGHTER HDlED ON OR BEFORE DECEMBER 31, 1996 WHO, AS A RESULT OF INJURY OR IU.NESS, iB rendered permanently diaabled, there shall be paid to IUCb officer, out of the "Self-Inaurance Fund", cleflned in Title 4, Cbapter 3, Section 7, oftbiB Code, a monthly bene6t equal to twenty percent (20'J,) of bialher bue aalary plus lonpvity, which bellhe wu earning at the time that belabe incurred IUCb diaability. Such payment shall be in addition to any benefit& payable to the ftnifichter from the statutory Firefighters' Penaion Fund. B . In order to be elisible to receive IUCb payment, the ftrefigbter must, at the time of hialher application therefor, be ~tly diaabled from perfonnin, the duties of any occupation.• whilh '-•1 ... ..,, i,, n • a r,f _._, e••.-11•, w · · 1...t 141ri1a11, wa.W IN ••••"I• w,-flla · , a.. fer Nie iajlll') 11, ilia-iaeal:811. la MNI · · I whetlta,-, ......... ii• permaaea.a, iliH"le•,-, d"nMli.,, -4 _, __ BIii-, er "lb1 1, -1- .. •· • • 0 I • • whieh pre em~«i ihe firefighicr!,' e111pl11ymelli wiih tee Git,, 11hall he «ii11regar«ie«i . C . THE STANDARDS APPLIED BY THE FIREFIGHTERS' PENSION BOARD IN DETERMINING WHETHER A FIREFIGHTER IS PERMANENTLY DISABLED FROM PERFORMING THE DUTIES OF ANY OCCUPATION AS SPECIFIED IN SUBSECTION B SHALL BE AT LEAST THE SAME AS THOSE STANDARDS APPLIED BY THE STATE BOARD IN DETERMINING PERMANENT TOTAL DISABILITY AND AN INDEPENDENT MEDICAL VERIFICATION OF SUCH DISABILITY MUST BE PROVIDED BY A PHYSICIAN DESIGNATED BY THE CITY. G. D. Payment to the firefighter of such benefits shall continue on a mo,nthly basis, subject to the following conditions : 1 . Payment of such benefits shall cease upon the date that the firefighter would have been, but for his/her disability, eligible to receive normal, nondisability retirement benefits from the Firefighters' Pension Fund; 2 . Payment of such benefits shall cease should it be subsequently determined that, by reason or retraining, improvement in condition, or for any other reason, the firefighter is no longer permanently disabled from performing the duties of any occupation for which he/she ill qualified; and 3 . There shall be deduct.eel from the amounts payable hereunder an amount equal to any income earned by the firefighter u a rNult of penona1 services (either u an employee of another IR' OD hialber own behalO. D. E. The Firefighters' Pension Board ill hereby IP'aDted the authority and jurisdiction to iuue regulations, not incoawiwtent with the terms bereoC, designed to carry out the purpoae of thi8 Sectioo, and to hold bearinp, take evidence, receive information and to make final and binding decisiona, awards and rNOlutions reapectinc thf! elipbility of firefigbten for initial and continued payment of benefits hereunder. B. F. The monthly amounts neceuary to pay the jlel'lllaDellt diaability benefits previoualy awarded shall be transferred from the Firefichten ' Pemion Fund to the Self.Inaurance Fund. The balance of funda rem•ining in the Pension Fund after all current recipients have ceued receiving such benefits, will be uaed to reduce the unfunded liability in the Fireficbten PenwiOD Fund . Future awards will be paid direc:tly from the Self-Inaurance Fund. G . FOR FIREFIGHTERS HIRED ON OR AFTER JANUARY 1, 1997, THE CONTRIBUTION REQUIRED BY SECTION 31-31-811 (4), C .R.S ., SHALL BE ASSESSED EQUALLY AGAINST THE CITY AND SUCH FIREFIGHTER SO THAT FIFTY PERCENT (~) OF THE CONTRIBUTION REQUIRED BY THE STATE SHALL BE ASSESSED AGAINST THE FIREFIGHTER AND FIFTY PERCENT (~) SHALL BE ASSESSED AGAINST THE CITY. Introduced, read in full, and puNd OD &nit readiq OD the 5th day afllay, 1997 . -2- •. .. .. •· 0 • • • Publisbecl as a Bill for an Ordinance on the 8th clay of May, 1997. Read by title and paaaed on final reading on the 2nd clay of June, 1997. Publisbecl by title as Ordinance No. __, Seriea of 1997, on the 5th clay of June, 1997. ATTEST: 'lbomu J . Duma, Mayor Louc:riahia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City Clerk mthe City m Enpwood. Colorado, hereby certify that the abo9e and fanpiar ia a true copy m the Ordinance puaed on final reading and publiabed by title u Ordinance No. __, Seriea m 1997. -3- • . .. • ORDINANCE NO. _ SERIES OF 1997 (, • • • BY AUTHORITY COUNCU. BW.. NO. 48 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AMENDING THE GOLF COURSE RESTAURANT CONCESSIONAIRE AGREEMENT BETWEEN THE CITY OF ENGLEWOOD AND JOQ CORP .. WHEREAS, the Englewood City Council autbomecl the cummt Agreement with JOQ Corp. with the puuae al Relolutian No. ,&, Series of 1996 u the conc:euionaire for the restaunnt at the Bnp,wood Golf Comae; and WHEREAS, the CWTmt acr-t requirM a moothly payment of $1,500.00 per mooth for the moot.bl vi N__. throup March ud $3850 per mooth for the mootha of April tbroup Odober t.ataJinr *33,050.00 per year; and WHEREAS, the cunmt .-mt alao iDdudea the moothly Golf Comae Entry Sign Lease pa,-ta alS37.50 per mootb for a ,rand tatal alS33,500.00 per ,-r; and WHEREAS, appnmmately 7ft of the re¥mue ia .-,atied durinc the mootha al April through October; ud WHEREAS, tbia Ordinance would ammd the cunaat Aar-t u to the 1111De annual tatal al '33,500.00; bawffw, it -.Id be collected duriac the heavy IDOlltha of April throup October; NOW, THEBBPOBB, BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tiqp 1. The City Council vlthe City al~ Colando ._..,,..,.._the amendment to the Golf Coane e...anat CCDC 111i-:maire Aar-t betWWl the City of Enpewood and JOQ Caq,., attacbed .__ u Emibit A. Sec;tiqp 2. The lla:,ar ia aatbarued to _... and the City Cledt to att.eat ud -1 the Agreement for and OD behalf al the City al Eap,wood, Colondo. Introduced, read in full , ud puNd Oil ftnt .....U., CJD the 19th day al llay, 1997. -1- 10 b iv • • • ·, • (, AGREEMENT THIS AGREEMENT, beniinaftllr called "LeaN", made and entered into this 15th day of January, 1996, and u amended tbia 2ad day of June, 1997, by and between the CITY OF ENGLEWOOD, a Colorado mww:ipal corporation, hereinafter referred to u "City", and JOQ CORP., hereinafter referred to u "Conc:euionaire"; WITNESS ETH: WHEREAS, the City owu certain real property which ia known u the Englewood Municipal Golf Coune, bereinafter called "Golf Coune", and located in the City of Sheridan; and WHEREAS, City and eoo-iaaaire desire to enter into a 1-for the manaaement of the restaunmt and loun,e locat.ed at tbe Englewood Municipal Golf Coune; NOW, THEREFORE, for and in couidentiOll of the mutual covenants hereinafter appearing and of the payment of the moaiea bmeinafter eet forth, the parties hereto ~ u follows : Section 1 STATEMENT OF INTENT. The purpose of this 1-N to provide mack bar, pill and bar aervic:ell to the golfinc public and a quality, fall-emvice rataunmt facility o8"eriD( brNkfut, lunch and dinner for poup meetinp, aervice cluba and informal evemn, diniq. Section 2 GRANT. The City hereby leew to em-iaaaire tbe portion of ita aolf dubbouae prelelldy uwl u ita reataunmt ...-ion, toptbm-with the impJovwta '-'-, locat.ed at 2101 Weat ODGl'd AYeDue, Sheridan, Colorado 80110, for the purpmea of Nffllll food and beverapa, includiac alcobolic IMrverapa, and for locatmc optional vendin( macbina to be uwl in the purveyance of food, macu or 90ft drinb, and COllc:euicmaire henby 1-from the City tbe Leued ~ and improvements therein . Sertim 3. DEFINITION OF PJlEMIS1P,S. The "Leued PremiaN" u refened to beniiD ia debed to be the aolf dubbouae restaunmt and lounre trbich ia owned by tbe City of Eapwood, Colando. See Exhibit "A". Propowl food and beftrap operaticma aball alao be allotNd Oil the aolf coune. Nothiq bereiD Ii.._ Concepjanain any ript to i.Dtarf'ln witb or participate in the operatiOll of the Golf Coune u a aolf coune, i.e. fairwaya and green.a, Pro Shop, and all other plf coune operaticma. • X H I • I T A ) I .. • • .i------------------------- • I• • Sediilm..i. TERM OF AGREEMENT . This Lease shall not be effective until Concessionaire has obtained a liquor license to dispense alcoholic beverages pursuant to C.R.S. 12-47-101 et. seq. From the date of signature until the liquor license is authorized by the proper officials, this Lease shall be considered an Option to Leue that may not be terminated by either party, except that if the liquor license is not granted and in operation on or before March 1, 1996, the City may terminate this Option to Lease. The City hereby grants to Concessionaire the right to hold the Leased Premises pursuant to the terms of this Lease for a term of five years commencing on January 15, 1996, the date of this Leue, and ending on January 15, 2001, unless the term of the Lease is terminated as hereinafter provided. Section 5 USE OF THE PREMISES. Concessionaire shall have the right to possMSion of the Leased Premises for the purpose of serving food and/or beverages, including alcoholic beverages, for consumption on the golf course. However, nothing in this Lease shall be construed to authorize that which is prohibited under United States, State or local law, ordinance, code or regulation. The Leased Premises shall be used by the Concessionaire for the purveying of alcoholic beverages, as the same may be authorized by and regulated under the Colorado Liquor Code , C.R.S . 12-47-101, et seq., and for the operation ofa restaurant. Concessionaire shall operate the Leased Premises in a careful, safe , quiet, orderly, and businesslike manner. Concessionaire shall not use or permit the p-emilles to be used for any purpoee that is prohibited under the laws of the United States, statutes of the State of Colorado, or ordinances, regulatiODS or codes of the City of Enclewood or the City of Sheridan. Concessionaire shall provide food and/or beverages including alcoholic beverages on the golf course through the uae of sheds, a cart or a combination thereof. Shed deaip shall be approved by the City Manapr or hia deaipee. Use of a cart shall not interfere with the operation of the golf COUl'lle. Service to the golfers on the COUl'lle shall be reviewed by the City Manager or his deaipee every six (6) montha. Entertainment of any nature that Conceuionaire propoees on the premises shall be subject to prior approval by the Englewood City Manager or his deeignee, which approval shall not be unreaaonably withheld. If the City determines any entertainment to be objectionable, City shall notify Concessionaire in writiq thereof and Concessionaire shall terminate said entertainment immediately. Sod;ipp 6 EXCLUSIVE RIGHT TO USE PREMISES . City hereby granta to Conceuionaire the aduaive right to uae the Leued PremiaN to operate a restaurant and to purvey alcoholic beverapa. Tbe City shall DCJt operate any vending machine, dispenae food , macb or beverages without the express approval of Concessionaire on the Leued PremiMa. 2 .. •· • .,---------------------------------~ • • • Sed;jon 7. MENU. The Concessionaire shall provide an attractive menu for breakfast, lunch, and evening meals listing meal items, beverages available and current pricing. Menus, pricing and changes to menus or pricing of menu items shall be reviewed and approved by the City Manapr or his designee. Sgtigp 8. HOURS OF OPERATION. a) From April lat through October 31st of each year, the Concessionaire shall operate the restaurant facility seven (7) daya per week and during these mODtba shall be open each day to serve meals to the public from one-half hour before dawn and shall remain open until at least 10:00 p.m. b) During the mODtba of November lat through March 31st of each year, the Concessionaire shall operate tbs restaurant facility aeven (7) days per week and during these months shall be open each day to serve meals to the public at dawn and shall remain open until at least 8 :00 p .m . c ) Hours of operation may be modified with written approval &om the City Manager or his deeipee. d ) Sunday cloeing at 8:00 p.m. ii permitted. Nothing herein shall be c:onatrued as prohibiting the Conc:esaionaire &om being open for other boun in addition to those stated in paracraphs "a" and "b" above. Restaurant may close on Christmas Day. e ) Conceaionaint acre-to cooperate with the GolfCoune llanapr in schedulin, plf meetinp and eventa that involve UN of the lrill, meeting room and dining room. In the event of any ciiaacr-t. the matt.er' shall be referred to the City Manapr or his deaipee. fl MAINTENANCE, REPAIR AND REPLACEMENT. 1 . The City shall be rMpODeiNe filr the coat of maintmaace, npain and repl-ent of the ltuft and CJftll, dNp fat fr,-, lillb, cabinets, diahwuber, freaer, walk-in cooler, bar refripratiOD, and IIUICk bar cooler unlNa IUCb coat ii due to neppDCe or other acta by Conceuionaire or emplo,w of CODCeNiODaire . 2 . The Conceuicmaire shall be rapouible far npain and/or rwpla-t of lipt bulbe, funutun, ...U applia-. diabae, II-, Iii._..., and other equi...-t and miMPllaneoua c:ookin, pota, pane and utaaaila. 1 ) Conceaionaint and or the City may temporarily c1 .. the reataunnt facility for cleaninc, c:onatnxtioD and maintenance under a mutually a,reed upoo acbedule. 3 ... • , • • • Ses;tion 9 RENT . a) Concessionaire shall pay rent t.o the City in accordance with the following schedule: 1. Effective on the date that Conceuionaire begins business operation and until the date that a liquor liceme ia issued and effective, the Concessionaire will pay rent t.o the City in an amount equal t.o twelve percent {1~) of grou sales {u:cludi.ng sales tax). Said rent sball be paid on the 10th day of each month for salee made in the Precedinc 1DODth. 2. Commencing cm April 1, 1997, the Concessionaire shall pay monthly rent per the revised sc:bedule u followa: Revised MAPtb Scbmlule January February March April $4,785.72 May $4,785.72 June $4,785.72 July $4,785.71 August $4,785.71 Sep:emw $4,785.71 October $4,785.71 November Total $33,500.00 The aforesaid fiud rent pa:,m-ta shall be paid each mcmth, in advance, on the fint day o( each IDOlltb or on the 8nt Monday of each mODth if the fint day falla cm Saturday or Sanday. A penalty fee ol $10.00 per day or put tbareai" aball be cbarpd far each day or part tbereoftbat the rent ia pat due, until 12.-00 midaipt on the 14th day put due. If the rent paymmt ia DO& receiftd by midnipt on the 14th day put due, the Con~m•ire lbal1 be in YialaaoD of the terms oltbia Apeement, Uld mbjed t.o tarmin•&iCJD. b) In additiCJD to the ftDd mmthly rmtal u apemled in thia Sec:tian, the Conceuionaire shall pay an -t aqual to twwve pereent 1211, ol all ,._ aalea , includi.ng any Nftllue dmftd from cataiq NrVicea oripllatiq from the reataurant, in -o( *240,000 per calmdar ,-r, payable on or bab'8 April lat o( each year. c ) For purpoaee ofthia 1-only, tba fbUawiDI aball be adudad hap.- aal•: (a l all aal• tu wbicb ia bada ailJadiad by tba Conmeioa•ire and N11Ditted by the Coannim•iN to aay ao••-t or ....--ca1 aaw1; and {bl the -t o( any nllmd or cndit amaally aada or p,rm by ~,;,. far a eua, tba aw& olwlllda Nie bad baa ind.._. by C~•iN in C=c rnimaiN'• p.-aalaa. For pmp1199 ol due 1-, and a-,& aa prcwidad allowe, ·..-.a.• -0 -{a ) tba ..-amoaat 4 • . • 0 • • ,~ . ' • received by Concessionaire from all sales made on the Leaaed Premises and golf course, including sales made from vending machines owned, leaaed or operated by Concessionaire; and (b) all charges rendered by Concessionaire for services, on the Leued Premises, including aervic:ea performed OD or within the Golf Coune; and (c) the gJ'OII amount received by Conceuionaire from any other source of income derived from the buaiDNa conduc:t.ed OD the Leaaed Premises and golf COUl'le. Along with the percentage payment, Concesaionaire shall send to City a statement which shall set forth the grou sales for the year and the authorized deductions, if any, therefrom. d) When the City meeting is an official business meeting with a meal, there should be no set-up charge; an official City meeting without a meal shall be charged a set-up fee. If the meeting is an unofficial meeting, with or without a meal, the set-up fee can be charged. For clarification, an official meeting is a meeting called to conduct official business of the City. Sectjgp 10 . UTIIJTIES. City shall provide all utility costs for operation with the exception of restaurant telephone. Concessionaire shall be efficient in the uae of utilities. Section 11 JANITORIAL SERVICE AND TRASH REMOVAL. City shall be responsible for the reaaonable coat of truh removal and janitorial service for the Leaaed Premises except for the kitchen, area behind the bar, office area and storap areu. Section 12 PARKING FACIUTIES. a ) 'lbe uiatiDf parkinr facility adjacent to the Restaurant coaceaioo (hereinafter called "parkinc facility") shall be open for w bJ Cooceuim•ire and ita cuatcaen; such riplt of uae of the aid parkiq facilitiea shall be naa- uclusive riplt. City shall muk three puiEiq apacea al the puiEiq facility to indicate that they are ~ for uae bJ Cooc:eaicJnaire. b) City shall at ita awn apmae maintain the puiEiq facility, wbidl shall include mow removal wbell ~- Sos;tign 13 SIGNS. 1be City and the Conc:euionaire shall mare propKtiODAiely in the coat of iDatellation ud mainteaanc:e of a 1ip or aipa at a locatioo(1) and CGDtaiDiDf )8JllU8l9 that ii mutually qreeable. Sgtjqp 1'. PHYSICAL FACILrn' AND EQUIPMENT. City ~ to provide lp8C8, flstara, equipmmt and ftumtun far a equipped kitchm, bar, louap -. pill, IDadt bar and two ~ -· Cm~maire ~ DOt to mawe aiatiq putitiaaa eepua-, diDiq uu and meetmc -without the writtm parmiMioo al the City ....,_. or bia clsnipN. s • . • , - • • • • • Section 15 ADDmONAL FACIUTIES AND EQUIPMENT. Concessionaire shall have the right to install additional facilities and equipment with the consent of the City Manager or his designee. Cost for same shall be by mutual agreement of the parties. Sectipp 16 SECURITY. Conc:euionaire is responsible for the obtaining of theft insurance covering all food, liquor, and other supplies and personal property of Concesaionaire. Such policies shall contain no right of subrogation apinst the City. Concessionaire shall provide a copy of the policy to the City Manager or his designee. Secticm 17 . PERSONNEL. a ) Conceaaionaire shall at its own expenae employ such qualified pel"IIOnnel as may be necessary for the concession operation and shall require all pel"IIODDel to be clean, polite, and courteous in their tnmaac:tiOl18 with the public. b ) Concessionaire shall give pel"IIOnal supervision and direction to the operation of the concession and, when absent, keep competent pel"IIODDel in charge. c ) City shall not be responsible for the wages or salaries of any employee or representative of Conceaaionaire, nor for any debts, liabilities or other obligations of Concessionaire. d) Neither the Conceaaionaire nor the employees who perform services punuant to the Agreement shall be considered employees, servanta or apnta of the City of Englewood as a result of the performance of services under the Agreement. e ) Violence and acts prohibited by law committed by Conceuionaire or empioyeN of Conceaaionaire shall came immediate terminatiOD of the LeaN. Soc;tjgp 18. LICENSES AND PERMITS . CODceuionaire, at its own ezpeue, shall MCUre any and all U-and permita for food services and purveyance al alcobolic and DOD-alcobolic bnerape. Concesaionaire agrees to promptly initiate an application and obtain a Hotel and Restaurant Liquor Liceme punuant to C.R.S . 12-47-101 et eeq. eoa-iODaire aball have the responsibility of the enforcement of all liquor lawa and rep1atioaa OD tbe premises . Cooceaaionaire shall reimbune the City for all licenae C.. it baa paid to SbaridaD and the State of Colorado . Sectjgp 19. COMPLIANCE WITH STATE AND CITY HEALTH CODES . ConCNaionaire shall keep all c:onceaaiOD areu ill a dean and sanitary caadit:ioll at all times and shall comply with all state, COUDty and city baltb lawa relatinc to tbe diapenains of food and bevenpa. 6 • , 32 • • • '· $ec;tion 20. INSURANCE/INDEMNIFICATION. a) Concessionaire agrees to furnish to City a performance bond in the amount of Fifty Thousand Dollars ($50,000.00) guaranteeing faithful performance by Conceuionaire of all terms, covenants, and conditions herein contained and compliance with applicable City ordinances. Said bond shall be furnished as of the date of encution of this Lease. b) Conceuionaire shall at Concessionaire's own elqll!DIM! keep in full force and effect during the term of this Leue statutory Workmen's Compensation coverare. c) INDEMNIFICATION. Conceuionaire agrees to indemnify and hold harmlNa the City of Englewood, ita officers, employMS, insurers, and self. insurance pool, from and apinat all liability, claima, and demands, on accouDt of iDjury, lou or damqe, of any kind whataoever, which arise out of or are in any manner connected with coac:euioa•ire, if such iDjury, lou, or damage is caused in whole or in part by the act, omiuion, or other fault of conceuionaire, or any officer or employee of conceaaionaire. Concessionaire agrees to investigate, handle, respond to, and to provide defenae for any such liability, claima, or demands at the sole ezpenae of concessionaire, and qreN to bear all other coata and expenw related tbento, including court COllta and attorney f'Na, whether or not any such liability, claima, or demancb allepd are groundleu, false, or fraudulent. d) INSURANCE. 1 . Conceaiooaire is to procure and maintain, at ita own coat, a policy or polic:iea of inaurance sufficient to insure apinat all obliptiona auumed by Coo~ooaire punuant to this 1-. 2 . ~ooaire shall procure and coatinuoualy maintain the minimum insurance c:cmnp'a li8tAld below, with the fonu and inauren acceptable to the City of Enpwood. ID the -of any claims-made policy, the ~ 1wtacw:tiwe data and eswnded NpClltinf periods shall be procured to maintain such CODtin-c:owerap. (a ) Gm.al liability and erron ud omi•DD• iuurm witb minimum limita of ONE HUNDRED FIFTY moUSAND DOLLARS <1150,000.0C)) per each ~ and SIX HUNDRED moUSAND DOUABS <M00.000.00) per ucb oet.WIWWW, plua an additianal -t sulllcimt to pay related atton.,a' r.. and def-costa. (b ) Liqum' lAca1 Lialiility ~. witb minimum limits of S500.000.00 far~ or dNdl of any -.--; 11,000,000.00 far iDjunea CII' clNdl CICCUffllll u a .-It of any -acc:idet; '50,000.00 • proparty damap; and SI00,000.00 • pndacta liability. A Cl9l'ti1lcala mdmciq said iuunDce policiel abaU be apt OD file with the Clark of the City and abaJl haft a pnnam tbat the .... aball DOt be altand, -=Md. CII' caDCllad without tint liYillc writtim DOatlcatioa tbana1 to the City tbilty daY8 prior 7 • . • 0 ---------------------------------------------~--:--------------, 0 • thereto. Concessionaire further agrees to indemnify the City for any claims brought against the City because of or on account of Concessionaire's operation. 3. Fire and Extended Coverage Insurance shall be provided by the City on the Club House building, and extended buildings included in Leased Premises, only. Concessionaire shall be solely responsible for aecuring and paying for insurance coverage on those improvements and content& belonging to Concessionaire located in or on the Leased Premiaell. Concessionaire hereby upre1111ly waives any cause of action or right of recovery which Conceuionaire may hereafter have against City for any lou or damage to Leased Premises or to any contents or improvements thereto belonging to either party, cauaed by fire or explllllion. 4. The policies required above shall be endoned to include the City of Englewood and the City of Englewood's ofticen and employeea aa additional insured. Every policy required above shall be primary insurance, and any insurance carried by the City of Englewood, its officers, or its employees, or carried by or provided through any aelf- insurance pool of the City of Englewood, shall be ucesa and not contributory insurance to that provided by Concesaionaire. 5 . The certificate of inaurance provided t.o the City of Englewood shall be completed by the conceellionaire'a inaurance apnt aa evidence that policies providing the required coverap',, conditions, and minimum limits are in full force and eft'ect, and shall be reviewed and approved by the City of Eqlewood prior to commmcement of the Agreement. No other Conn of certificate ahall be uaed. The certificate shall identify this Ao-mt and shall proride that the covwap', afforded under the policiea shall not be canceled, taminated or materially c:hanpd until at leut 30 daya prior written DOCice baa hem pen to the City of Eqlewood. The ccmpleted certific:at,e of inmraDc:e shall be -t to: City C1en City of Eapwuod 3400 Saudi Ellllli aa- !qlewood, Colorado 90110 A carti6ed copy of any policy shall be pr09ided to the City of Eapawood at its request. 8 . The putjel ba'lltO IIDden&aDd ud qrN that the putiea an NIJinl CID, and do not •aiYe or intmd t.o waiff by uy proriaioD of this Acr-t. the monetary limitatiom (ia-tly 1150,000.00 par par.m and II00,000.00 per occummce) or any other ripta, iamaitia, uad pratectima proridad by the Colorado Governmctal Immallity .kt, C .R.S . 24-10-101 at aq., aa from time to time uneaded, or ocbawiN anilable to tba puti•, tbair offlcen, or tbair emplo,9N. 8 • I • • . ' • '· A certificate evidencing said insurance policy shall be kept on file with the City Clerk of the City and shall have a provision that the same shall not be altered, amended, or canceled without first giving written notification thereof to the City thirty days prior thereto. Concessionaire further agrees to indemnify the City for any claims brought against the City becawie or on account of Conceaaionaire's operation. Sect;jgp 21 . FIRE OR NATURAL DISASTERS. In the event fire or natural disaster renders the Club House and ita conceaaion facilities inoperable, the Conceuionaire shall be released from the terms of compensation t.o be paid the City until such time as the Club Houae and its conceuion facilities are declared open and operable by the City. If in the event such conceuion facilities are not open and operable within a period of thirty (30) days from the time of such diauter, Conceuionaire bu the right to terminate its contract and Lease with the City under Section 24, Termination of Lease, contained herein. 5es;t;iop 22 TENANT RECORDS. Concessionaire shall keep and maintain complete and accurate records and accounts of its business on a calendar year basis. A monthly report shall be generated providing a breakdown of Mgrou sales" into the following categories: Restaurant Operations, Catering Operations, Bar Operations. Such records shall be maintained in accordance with generally accepted accounting principles and shall be audited annually by an independent accountant certified in the State of Colorado. The records shall clearly shaw Conceuionaire'a gross sales, u defined in Section 9(c) of this Apeement, indudiq proceeds from all catering activities. Gross sale shall be divided in restauruat operatiam, catering operatioaa and bar operations. Such records and accounts, indudinl all sales tu reporta that Concessionaire furnisbn to any pernmmt or penuDmtal qeacy shall be made available for inspection at any reu.able time upoa request of the City, the City', auditor, or other authariaed repramtatiYe, and a copy al llucb annual audit, indudiq all written -ta and recommmd•tioa1 of IUcb iDdepmdent accountant, shall be fumiabed to the City Clark witbiD 90 de,. al the c:ae of the 6-1 year beiDc 10 audited. Coaceuioaaire shall at this time pa:, the additioaal rent u apecifted in Section 9(b) of this Acr-t aloac with a aeparate lltat.emellt ma the auditor 11tatinc the gross saln of ConceNionain. $ectim 23 . TERMINATION OF LEASE. a ) Thi• Leue may, at any time, be terminated by either party upoa ninety (90) days' written notice t.o the other without c:auN. b ) The parties may terminate the Leue by pving thirty (30) days' written notice of a violation o(puacrapba 5, 7, 8, 9, 10, 11.12. 13, 14, 15, 16, and 17. cl Violation of paracrapha 18, 19, 20, and 21 shall be pounda for immediate termination of the Leue. 9 • . • • , • • I• • '· 5e<;tion 24. DELIVERY AND REMOVAL UPON TERMINATION. Concessionaire will deliver the premilN at the termination of tbia Leue in as good condition and state of repair as when received, euept for ordinary wear and tear or loes or damage cauaed by an act of God. Upon termination, Conceesionaire shall have the right to remove any suppliea or penonal property belonging to or installed by the operator, subject, however, to any valid lien or claim which City may have for unpaid f-. Provided also that if said removal cauaN any damap to the premilN, said Conc:eaionaire will repair the same in a proper and satisfactory manner at ita own upeue. All liquor liceDNs shall be tnnaferred to the City of Englewood. At DO time shall ConceuioDaire terminate, alter or 81UTl!llder the liquor liceme without apprcwal of the City of Englewood. The Ccmceaionaire shall be mbjec:t to iD,irmdiaD to Jll'ff9Dt surrender or injury to the liquor lic:mae. Upon t.ermin•tion, the ett.ecbed Power of Attorney shall be operative and shall allow the City to operet.e the NteNiebment punuent to law. In the event the liquor lic:ellle is tnuferred to the City of Englewood, the City shall pay the Conceseionaire $2,500.00 •-eny oflileta allowed by the prior provisions of thia Agreement. Sect;um 25 . NOTICES. All notices, demands and communications hereunder shall he penonally aerved or given by certified or regietered mail, and: A . If int.ended for City shall be aditr-ed to City at: City of Enclewood Atteatioll: City Manepr :woo Sautb El9lli Slz.- Eql9wood. Colando 80110 with a copy to: City of Eql9wood AtteatiaD: City Attarm7 :woo Sautb El9lli Sia-. Eql9wood. Colando 80110 B . If int.ended for Cooc:eaim•ire shall be eddreued to Caacaaioa•ire at: JOQCORP. Julie L . Quinliven, Prmident John W . Quinlivan, Secretary 7229 Weat Cbmtnut Dme Litdatm, Colondo 80123 with a copy to: R. J.-o&d Gwome, Elq. 560 South Wadewmdl Bl.a., 1300 Labwood, Colando 8022l-31 l 7 10 • 0 'J2xl • • • ~- C . Any notice given by mail shall be deemed delivered when depoaited in a United States general or branch poet office, addreuecl u above, with poetap prepaid, or when served penonally at the applicable address. Sectim 26 . ENTIRE AGREEMENT. Thia 1-, together with the abihita attacbecl hereto: A . Contaim the entire .,.._t W-the parties; and B. Shall be governed by tbe lawa al the Stae of Colorado . SerHm 27 . SEVERABILITY. H any clauae of proYWOD of thia 1-ia il1epl, invalid or unenforceable under prmmt or future lawa e&c:tm! dmin, the tsm of thia 1-, then and in that event, it ia the intention altbe puties bento that tbe r-n•inder althia 1-shell not be effected thereby. It ia ello tbe intmtian altbe pu1ies to thia Leaee th.et in lieu of each clauae or provision of this 1-that ia il1epJ.. invalid or unenforeeeble, there be added u a pert of this 1-a clauee or provision u similar in terma to such illegal, invalid or unenforceable clauae or prorision u may be pouible and be lepl, valid and enforceable. Sec;tign 28 CAPl'IONS. The caption of each Section ia eddecl U a matter of COD'991U81M:e oaly and lhall not be comiderecl in the conatnactian of any pnmaiGll or proviaiom of this 1-. Sertim 29. BINDING EFFECT. All terma, c:anditiom and ~ to be obNned and penarmed by the partiee hereto lhall be applicable to and bmdinc apan tbair rwpediwe heirs, admiai9tratan, euc:uton, succeuon and aeeipe. IN WITNESS WHEREOF, the partiea...., haft i-..mto eet tbair hude and Mala u of the day and year flnt abaft writtaL CITY or ENGLEWOOD, COLORADO ·city" By __________ _ 'lbomu J . Burm, Mayor ATTEST : Loucriahia A. Ellia, City Clerk JOQCORP. ·conc ... iowre· a,. ___________ _ BJ-------------Jolm w. QaiDlmD, SecntarJ I I • I • .. • 0 } • ORDINANCE NO. _ SERIF.s OF 1997 • - '· BY AUTHORITY COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "UTILITY PROTECTION AGREEMENT' PERTAINING TO MODIFICATIONS FOR THE SOUTHWEST CORRIDOR LIGHT RAIL PROJECT, BETWEEN THE REGIONAL TRANSPORTATION DISTRICT (RTD) AND THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the pa88llge of this Ordinance will enable the Regional Transportation District to provide design, engineering and comtruction of utility modifications required for the construction of RTD's Southwest Corridor Light Rail Project Phase 2 and Line Segment 4; and WHEREAS, this Utility Protection Agreement will enable the Regional Transportation District to complete the freight rail relocation prior to the installation of the light rail tracks; and WHEREAS, a part of Phase 2 will include the replacement of existing structures with iron pipe with welded steel cuing at the Windermere and Stanford Avenue spur; and WHEREAS, the design includea a new 8" fire line connec:ted to the eziating 16" water main and the installation of a new 8" gate valve and valve box; 45 lineal feet of 8" ductile iron pipe and the abandon inaert of mstinc 8" fire line after new line i.natallation; all materiala and labor for thia portian of the project are to be paid by RTD ; and WHEREAS, a 16" unitary main at Weat ~ Avmue will conaiat oftbe constrw:tion of 53' of CODCrete aaddle -the aiatin, 16" unitary line, with RTD handlinr the modificationa and payment for liceuN for the 16" unitary line crouing of the Burlington Northern and Southern Pacific Railroad freight tncb; and WHEREAS, a 18" Sanitary Main at West Yale Avmue will comiat oftbe conatruction of 100' of concrete .addle over u:iatiDc 18" unitary line and RTD will handle the modificationa and payment for liceuN far the 18" line crouing the Burlington Northern and Southern Pacific freipt tncb; and WHEREAS, the City of En,lewood coats lbould not to aceed '55,000.00 for the phaN 2 and Line Segment 4 Projecta with additional coata beiac qreed upon by both pa rtiea ; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF ENGLEWOOD, COLORADO , AS FOLLOWS : -I - 10 b V • , • • • ~. .. Sectigp 1. The Intergovernmental Agreement entitled "Utility Prot.ection Agreement" between the Bepanal TrampartatiOD District (RTD) and the City of Englewood, Colorado, attacbed hereto u "Emibit A," ia hereby accept.ed and approved by tbe Englewood City Counc:il. Sertior 2. The 11a,ar ia aldbariwl to_. wl tbe City Clerk to att.est wl -1 tbe Utility Pratec:tiOD Ao-t fir w1 OD behalf al tbe City of Englewood, Colorado. Introduced, read in full, w1 pa..t OD &nt reading OD the 19th day al May, 1997. Published u a Bill for an Ordinance cm tbe 22ad day of May, 1997. Read by title and pMNd OD final reading OD tbe 2nd day of June, 1997. Publiahed by title u Ordinance No. __, Seriee S: 1997, OD tbe 5th day of Jane, 1997. TbomM J . Buma, Mayor ATTEST: Low:riabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk S:tbe City of ......... Colando. banby certify that tbe above wl fianpia, ill • true ClllpJ oftba OrcliJumm ....... Oil tbaal readinc and publiabed by title u OrcliJumm No. __, a.;. • 1117. -2- ' .. ' ., • 0 1 32xl , • .;-----------------------~ • • <. UTILITY PRQDCTIQN AGREEMENT THIS AGREEMENT, made tbia __ day of 1997, betwem CITY OF ENGLEWOOD, a municipal c:orporatiOD of the State of Colorado, herein referred to u "City", and THE REGIONAL TRANSPORTATION DISTRICT, a political subdiviaiOD of the State of Colorado, herein referred to u "RTI)", for the purpoaes of providing deeip, 9Dlineering and conatruc:ticm of utility modifications required for coutruc:tiOD of RTD'e Soutbweet Corridor Light Rail Project PbaN 2 and Line Sepaent 4 ("the Project"). Tbe following ia the project ec:ope for the RTD Light Rail -PbaN 2 and Line Sepaent 4: A. Future Yaantaill State Spur at W~ and Stanilrd AYeDue 1. 8-0ftl aiaaDf tappiDf uddle, pte valve and valve bu (iDclwlmc s· tap), and comtnM:t '° lineal feet of 1e· di.amealr ductile iron pipe (Clau 53) with 30 u-1 feet of28" diameter welded eteel cMiDr OD line of emtiDr water main. 2. Connect new 8" fire line to aiatinc 16" water main and imtall new 8" pte valve and valve boL Coutruct 45 liDeal feet of 8" ductile iron pipe (Clau 52) &re line. 3. AbandOD aiatinc s• fire line after new line imtellation. Abandaaed line eball be cut and filled with flow fill or BaDd and pluged at both ends with lean concrete . Removal of matinc ftre line ia abo U1 optiOD oltbe contractor. 4. All materiala, licema and labor requind for ~ imtallatian and c:oaaectiOD are to be paid by BTD. B. 16" Sanitary Main at W• Km,-Awaue. 1. Coutnct 53 6-1 fNt of c:cmcrwte uddle -aiatiq 16" ADitary line . 2. 16" MIiitary line -both Bmtiaplll Nartbam (BNSP) and Soatbem Pacific (SP) lailroad hip& tncu. rm W'dl baadle U-. modiftcatiaa1 and payment for liaaw. C. 16" Sanitary Main at W• Yale A..aue. 1. C..aw:t 100 6-1 faat of c:cmcrwte uddle -aiatillc 18" ADitary line wbicb illdudN apprcmmaWy 30 liDNl r.. of cmaaa uddle protectiaD __. ..., BurliDpaa Nartbam hip& rail. 2. 18" MIiitary line -both llarlmpaD Nartbam (BN8P) and Southam Pacific hip& l'llila. Na19: Sa-rt am Pamlc will be Uum Pad& ..........., April 1. 111'7 . rm wm be NIii +1 111r railroad U-. modtftcetim1 and UlJ ..,. ata for dlaN u-.. .... . .. : t • X H I • I T A .. . ' ·- • 0 1 a2xl • • • • D. Total cost for the two sanitary main protections on West Kenyon Avenue and West Yale Avenue will not exceed $55,00.00 for Phase 2 and Line Segment 4 Projects. I. The City is the holder ofLiceme Apeementa Numben Yale· 20801, 53-37061, Kenyon - 21178, 104986 Stanford· 128511, iNued by the Denver and Rio Grande Western Railroad or the Burlington Northern Santa Fe Railroad. II. RTD has entered into utility relocation agreementa with the Southern Pacific/Union Pacific and the Burlington Northern Santa Fe Raiir-ds (-rhe Railroads"), copies of which have been provided to the City, authorizing RTD t.o act aa the coordinating entity for all required utility modifications for the Project on behalf of the Railroads, pursuant to any License Agreements between the City and the Raiir-d. III. RTD and the City shall modify emting licenses which have been auigned to RTD , to require the parties to make every effort to coordinate and comply with either rail operations or in the cue of the of the City to coordinate with the operation of the City Dit.cb or water/sewer facilities. Only in the event of any emergency constituting a threat to the health, safety of the public would services of the other party be removed or damapd. IV . The City shall pay all qreed upon coata auociated with the utility modificationa within Railroad Ript..of-Way, u defined in the Project Scope, Sectiom 8, C and D above, required for the Project by the Railroada. RTD acre-to pay for all utility modiftcation coats outside exiating Railroad Ript-of-Way uaoc:iated with the Project. V. RTD will provide deaip Nl"Vicea at no coat to City for all modification uaociat.ed with the Project. The City ab.all be provided capiea of all deaip and plana and shall review comment on all plam in a timely f'ubiall, in no -t. however, shall City be IPffll lNa than thirty (30> da,s to nm-and comment on plam. Tbe City shall lipify acceptaDc:e al final plana by aclmowledcmeat in writinc . Utility modificationa shall be c:onatruct.ed in accord with final plana nmewed and approved by the City ucept in cue of and emerpncy. RTD reMl'TN the rilbt to make field cbanpe u required on an emergency buia, however, every effort will be made to contact the City for approval if emerpnc:y change• are required. -2- • . ' I· 0 '32xl ,. • • • • '· • VI. RTD shall obtain a contract for colllltruction services for all utility modifications required for the Project based on competitive bidding. Following receipt of bida and selection of a contractor, RTD will provide a coet to City of construction coats, (including mobilization, surveying and ten percent (lO'lf,) continpncies)to be inc:urred (on a not to eueed $55,000 limit), as a result of the modifications to utilities owned by the City in the Railroad Rigbt- of-Way, the City shall be responsible for paying fifty percent (50'lf,) of ccet within thirty (30) days of receipt. Additional coats must be agreed upon in writing by both parties. Vil. RTD shall obtain a contract for colllltruction services for all utility modifications uaociated with the Project which are outside of the Railroad Right-of-Way, as defined in the Project Scope, Section A above. RTD agrees to pay for all utility modification construction costs associated with the Project outside of Railroad Right-of-Way. VIII . RTD shall obtain written concurrence from the City for payment prior to implementation of any contract change orders affecting the City's utilities. IX . RTD shall provide all CODBtrw:tion monitorinc Nrvicea to the City at no additional cost. The City shall have the ript to have members of ita lltaff i--t durinc camtnu:tion, fir impection and couultation, upon notice to RTD provided that theN ~tatma cxmply with RTD'1 health and aa6ity plan while Oil the Project lite. X. RTD shall have ita Contnctar(1) iDdude the City u an additional imund fir thia Pra;ect. XI. RTD shall prvYide two (2 ) aeta of "u-bailt" plana to City upon completion oL pbMed construction. m. RTD shall provide final billin, to City foUawin( l"8Cllipt of a final bill from Contractor . City shall have the ript to nm-all billinp to RTD . City shall pay to RTD final bal.- remaininc within thirty (30) daya of receipt of the final bill from RTD UDJNa odier- arranpmentl have been qreecl to in writiq. Unpaid balances shall accrue intarwt at the rate of twelve percent (l2'll,) limple intarwt per annum . -3- .. • 0 1---------------------.i------------------------ • • • . . XIII. Thia Agreement does not supersede, cancel, or modify any emtiD( Liceue ,\p'eemmta agreed upon. IN WITNESS WHEBEOF, tbia inatnmmt bu been UKUt.ecl u oftbe day mil ,-r tint above written. CITY OF ENGLEWOOD ATTEST : 'lbomu J . Burna, Mayor Low:riahia A. Ellis, City Clerk The undenipecl authorized officer of Tbe Repoaal Trauportaticm Diatric:t bu read tbe foreroinc Li.ceDN and acr-for and in behalf of Aid Repanal TramportatiaD Diatrict that it will --sit mil will abide by all tbe tmml and CClllditiau tbenof. REGIONAL TRANSPORTATION DISTRICT .Jolm a.la. Dindlar o...a..-., .... lnpr--, -4- ' • . . .t • • I J y ,' . - "1-~ __ ,. --s...-..-;.. .. -•. ..,."!:~;·--~·-------- :..- l L "!T IES \ \ .ASS 52 t• .ASS 53 I• -~ i/ i :, I T iL OUANTITY 5 LF 1 EA 45 LF 5 LF 1EA 2EA 1 LS 1EA 1 EA BACKFILL, A>CI P&VE1€NT :s . ; I RED FDR CDIPI.ETE .;~-- NOTtsr \i e1 :., ,. ,. \ \ \ \'! :\.\t 1 . PIii£ CIIOSSING IITN. suns Sl'UII LS AT -IIMTILY .. TH-oHO IINSF> All> .. l+lt!IO l~I. 2 ° SHORING AIIIIDR TIIEIICM -T IY THI CGIITIIACTIIII WILL NOT I[ PAID FDR S£PA11U[l T, IUT WILL K IIICLUDID IN THI COST 0, THI -· ]. [L[VATIDIIS FDR IDRING LOGS ANO POTNCll.£5 All£ £11STING _,., UNLESS STATtD OTHIIWIS[. 4. CONTIIACTDR $NALL CIIDROIN&Tt SMUT -0, UISTING ... 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BY AUTHORITY I• COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER WAGGONER AN ORDINANCE APPROVING SUPPLEMENT NO. 131 TO THE SOUTHGATE SANITATION DISTRICT CONNECTOR'S AGREEMENT WITH THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND WITHIN THE DISTRICT BOUNDARIES. WHEREAS, Southgate Sanitation District recommends the inclusion of approximately 32.1 acres into tbe District; and WHEREAS, said inclusion is located near South Colorado Boulevard between Eut Belleview and East Orchard Road along the Highline Canal and the zoning of this property is residential zoning; and WHEREAS, the residential zoning is intended to allow a maximum of 1 residence per 2 acres for Parcel 1 and one lot per acre for Parcel 2; and WHEREAS, said anneution of this additional parcel of land will not increase the tap allocation to the Southgate Sanitation District; and WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement No. 131 to the Southgate Sanitation District at the May 13, 1997 meeting; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $w;tigp 1. The Agreement between the City of Englewood and Southgat.e Sanitation District entitled "Supplement No . 13 1 to Connector's Agreement", which includes approximately 32.1 acres located near South Colorado Boulevard between Eut Belleview and East Orchard Road along the Higbline Canal, and the zoning of this property is residential zoning into the Southgate Sanitation District ia hereby approved. A copy of said Agreement i1 attached hereto aa "Exhibit 1 • and incorporated herein by reference. $w;tigp 2. The Mayor and City Clerk are hereby authorized to sip and attest, respectively, the said Agreement for and on behalf of the City Council and the City of Englewood , Colorado. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Introduced, read in full , and paaaed on tint readins on the 19th day al May, 1997 . • 1- • . ' 10 b vi .. ------~-----------------~-------------~---------~-- • • • ·, . ' Published u a Bill for an Ordinance on the 22nd day of May, 1997. Read by title and puaed on final reading on the 2nd day of June, 1997. Publiabed by title u Ordinance No. _, Series of 1997, on the 5th day of June, 1997. Thomas J. Buma, Mayor ATTEST : Louc:riahia A. Ellia, City Clerk I, Louc:riahia A. Ellia, City Clerk of tbe City of Eqlewood, Colorado, hereby certify that tbe above and foreaailll ia • true copy of tbe OrdiDaDce pMNd Oil final readinc and publiabed by title u Ordinance No. _, Seri• al 1997. -2- .. .. • ------------------. • • • ,. SUPPLEMENT NO. L!1.__ TO CONNECTOR'S AGREEMENT THIS AGREEMENT , made and entered into by and between the CITY or INGLn<>oo, acting by and through its duly authorized Mayor and City Clerk, hereinafter called the "City,• and SOUTHGATB SANITATION DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter called the "Diatrict,• lfITNIISSETH: lfllliRIIAS, on the 20th day of ,lune, 1961, the City and the District entered into an Agreement in which the City agreed to treat sewage originating from the District's sanitary sewer system within the area served by the District, which Agre-nt waa moat recently renewed by Connector's Agreeaent dated Nove,aber 16, 1988; and WHDDs, said Connector• s Agreement provides that the district -y not enlarge its service area without the written consent of the City; NOii, TIISRSFORII, in consideration of the 11111tual covenants and undertakings herein set forth, the parties agr-aa follows: 1 . The City he1·eby consents to the inclusion of certain additional area located in Arapahoe County, Colorado, owned by TRS PRIISUVII AT IJll.-000 VILLAaa, and fflOre fully described on ~ & attached hereto and incorporated herein by reference, into Southgate Sanitation District . The City agrees that said addi- tional area IIIAY be served with the sewe1· facilities of the Distdct, and that the City will treat the sewage discharged into the city 'a trunk line from said arlditional area, all in accordance with the Connector's Agreement dated Novt!mber 16, 1988 . According- ly, Exhibit A referred to in Paragraph l of the Connsctor• a Agreement dated Novelllber 16, 1988, is hereby amended to include such additional area. 2 . Each and every other provision of the aaid Connec- tor's Agra.,..nt dated Nov8111ber 16, 1988, shall re111ain unchanged. I• lfITIISas lftfUIIOr, the parties hava aat their hands and •••la this ___ day of , 1996. ATTEST: CITY CLIIU (SEAL) CITY or IIIIGLmlOQo ay ,"'a=y'"'oa=----------- 80U'l'IIGATS 8AIIITATI011 DI8TaICT, ARAPAIIOS AND 1>0UGLM1 COUIITIU, COLORADO l· h. z · By1.iJ'tt,~1~·.t:t:- E X ff I B I T 1 .. ' -.• r • • • '· PARCEL I A parcel of land in the Northweat Quarter of Section 18, Townehip 5 South, Rang• 67 Weat of th• Sixth Principal N•ridiaa, County of Arapahoe. State of Colorado, being more particularly deecribed •• follow•: ,.. For th• purpo•• of thi• deacription th• bearing• are baaed on the weeterly line of th• Southweet Quart•r of eaid S•ction 18 b•t.,. ... the Soutbweet ~orner .. rked by~)• cap P .L.S . 7104 in range box and the weat Quarter corner aarked by a)• cap P .L .S . 7735 in range boa , bearing North 00°20'13" Eaat . c ..... ncing at th• Weat Quarter corn•r of ••id S•ction 18: Thence North 19°42'50• !aat along th• Ea•t·W•ot cent•rline of eaid Section 11 a diataaca of &02.50 feet to a point on tb• weaterly line of the Eaat Half of th• Weat Half of tb• Northweet Quarter: Thence North 00°11'32" Eaat along ••id weeterly line a diataAce of 1199 .4 3 feet to a point on the north•rly right-of-way of the HighliA• Canal•• deacribed in Book 179 at •--a• 513 of the Arapaho• County Clerk and Recorder• Offic• and th• POINT OF BECINHING: Thenca North 00°11 '32" Eaat along aaid weaterly lin• a diatance of 497.28 feet to a point: Thence llorth 65°08' 5&• Eaet a dietance of South 38°53'19" East a distance of Sout~ 89°48'29" Eaat a dietanca of South 00°11'32" West a dietanca of Thence Thence Thence of curvature ; 114.10 fa•t to a point: 319.50 f••t to a point: 74.58 feet to a point: 309 .21 fe•t to a point Thence along the arc of a curve to the right having a c•ntral angle of 34•,1·29•, rad~ua of 295 .33 feet, arc length of 177 .10 feet (chord baara South 11•22•11• Weat, 174.4, feet) to a point on the northerly right-of-way line of ' aaid Highline Canal; , · Thence North 55°2&'59" Weet alor.g ~aid north•rly right-of-way line non-tangent to tha previoua curve a diatanc• of &l.11 feet to a point of curvature: Thence along said northerly right-of-way line along the arc of a curve to th• left having a c•ntral a119l• of 14°24'30". radiu• of 1219.&6 feet, arc length of 306.71 feat (chord bear• North &2•39•1,• Weat. 305.90 f••tl to the POINT OF IECINNINC. Containing 4.450 acre•, aore or l•••· bhil11t A of 2 ·- .. • 0 'J2xl • ·c-----------:---;;----.--- • • A parcel of lAnd in the Nort.hweac Qu~rt.er of Sect.ion lB, Township 5 South, R•nge 67 West of the Sixth Princip•l ?ieridi•n. County of Ar•p•hoe , St•te of Colorado, being more p•rticul•rly described•• follows: For the purpose of thia description the be•ringa •r• b•aed on the weaterly line of th• Southwest Quarter of said Section 18 between the Southweet corner marked by a 3" cap P.L .S. 7104 in range box •nd the Weet Quarter corner marked by" 3• c•p P .L .S. 7735 in r•nge box. bearing North 00•20•1J• Eaet. co ... encing •t the West Quarter corner of ••id Section 18; Thence North 89"42'50" East •long the £•st-West centerline of ••id Section 18 a distance of 602.50 feet co• point on the weeterly line of the East h•lf of the West half of eaid llorthweat Quarter and the POINT OF BEGINNING; Thence North 00"11 '32" East a distance of 1092.42 along said westerly line to a point of non-tangent curvature on eh• aout.herly right-of -way line o! the llighline Canal as deecribed in Book 179 •t Page 583 of the Arapahoe County Clerk and Recorder• Of!ice : Thence along said southerly right-of .-.,ay line the following eleven {lll coursea: l. Thence the arc ~f • curve tot~• ri;ht h&ving • central &ngle of 12•32•22•, radiu• of 1119 .66 feet, arc length of 245 .0i feet (chord bear• South 61°43' lO· i:aat. 2H.55 feet) to a point: 2. Thence South 55°26'59" East a dist•nce of 300.74 feet to a point of cur-,ature: 3. Thane• along t.he arc of a c:ur·.re to t.he lefe having" a centr•l angle of 01•3,•32•, radius of 971.48 feet. arc length of l2i.o\5 feet {chord bear• South 59•i;• 1s• £•at . 128 .35 feet) to a point.; ,. Thence South 63°01'31" £&et a cistance of 666 .29 feet to a s . Thence 5 . ':"hence 7. Thence a. Thence 9 . Thence 10. Thence 11. Thence Thence South Thence South point. of cur•,ac.ure; along the arc of a cur·.·• r;o the left h&ving a central angle o! 20•52•01•. radius of 312.18 feet, &re length o! 113 .70 !eat (chord be•r2 South 73°27' 31" !:&at, ll l .Oi feet) to a point; South &3°53' ;2• !:••t a eistu:ce of 237 .6-1 feet._.to a point ; •long the ar: of a cur.·• to th• right having a central angle o! 05•31 •,9•, radius of 1403.38 feet, arc length o! 136 .27 !eat (chord bear• South &l"Oi'J7· Z:•st. lH.22 feetl to a point; South ;9•19•,J• East a cistance of 244.82 feet. to a point of curvature; along the arc of a cur·:e to the right having a central angle of 29"01'-15", radius of 333.78 feet, arc length of 169 .ll feet {chord bears South 63°41'50• East, 167.Jl feet.) to a point.; South ,9•11•51• Eaat a diatance of 206 .47 feet to a point of curvature; along the arc of a curve to the left having a central angle of 02"44'57•, radius of 597.62 feet, arc length of 28 .61 feet !chord bears South 50"40'26• East, 21.67 feet) to a point.1 40°42'02· Weat a distance of J0 .69 feet to a point.1 49"17'51" laat a diatance of 59 .,7 feet to a point; Thence South '5"19'19" Eaat a diatance of 22 .51 feet to a point on the Eaat-Weat centerline of aaid Section 11: Thence South 19°42'05" Weat along said laet•Weat centerline a distance of 22'4. 45 fHt to the POINT or .BEGIIOIING. Containing 27 .7 3, acres. aore or l•••· Exhibit A Sheet 2 of 2 ., • • • ·, - CHECKLIST SANITATION DISTRICT INCLUSIONS current ground uae: undeveloped Propoaed ground use: Single family reaidence Existing zoning: Parcel 1: R2.0 (POD) Parcel 2: Rl.O (POD) Proposed zoning: No change Acreage: Parcel 1: 4.450 Parcel 2: 27.736 Gravity sewer: Yea (Two lot• on parcel l would be aerviced through an individual •private• grinder pump ayatem with a force main in the gravity line) current owner•: The Preserve at Greenwood Vtllage, a Colorado general partnership Number of units: Parcel 1: Maximum of one lot per two acres Parcel 2: Maximum of one lot per acre Map: See attached &111\UJIO . H . J\112161 .1 " vi '\ I \ ·, . " • EXHIBIT 8 ( VICINITY MAP ... SOU1HGA1E SANITATION DISTRICT SCAU: NA II.UC . TII . Ntfl. • .. • ; I ( • . ,. - <. COUNCIL COIIIIUNICATION Date Agenclallam Subject June 2, 1997 10 Cf Concrete Program 1997 INITIATED BY STAFF SOURCE Department of Public Works Chartes Est8r1y. Director of Public Works COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has expressed concem about the City's goal for meeting ADA ltandardl for City public concrela , and directed staff to proceed with propoNd Conaellt Program 1997. RECOIIIENOED ACTION ~ ~ mallon, lo ..ct. canatructian cannct lo Thoutt Blalherl caner. COl*-*>ra, Inc. for Cor1Cl9a Program 1997 In the amount al $188,ln.50. BACKGROUND, ANALYSIS, AND ALTERNATM!S m&ilFIB> The propoNd program COMiltl al CDl'IIINdion al inpn,,•1•lla lo 104 IWldicllp laff1IS in the Cly. For the 1*t.,.. ym, mlf ha worUd .,.,_. del. llcp.g a Cly-wide~ pragrwn alld!Neilig axilling IUb4landard c:oncrw and complying willl the Amaric:an wi111 Dlull RI 11 Id In conllrucllng taldlcllp !aff11S. Staff believes ltlllt initialing a large ~ program providea UI wiltl a program lo beat addraa the Cly's concna needs in this ... The coat of theN implovemants .. borne ~ the Cly tllraugtl maniea budgllld in the PtF. Cam include c:oncrw c:onllNctian, i lC:idelltal IIOrm ..... CDl'lllrudion , ............ •igi-.wig, IIIIWPl9 , laating, and miacallaiNIOUI incidelltall. A l'8Yiew of ...... ICIII pruvided ~ Thoull BrOltlerl Concna COlllraclols, Inc. indlc=-a their .n ii Wlliatac:toiy . They have complelad 1imi111r prajeda for the Cly in pall ,...., including Concna Program 1118. FINANCIAL .. ACT Conaellt Program 1997 ii IChlldulad for CDl'IIINdion during the summs al 1997. Funding for the project in the amount of approximately $331 , 100 ii available in the 1997 PtF. Bids were opened for Cc>nena Program 1997 on May 15, 1997. Pllra and Spec:ilcalk>• ... obtained~ tlve (5) contradOrl, and five (5) bids were r9Ceived • folon: Thoua Broltierl eoncn. Connctcn, Inc. caner. WDrtca al Colorado , Inc. NN Dellgr't Conllrucllon General caner. COlnan S & D Conllructlon s1ee.an.so 18',336.00 221.212.50 250,740 .00 252 ,140.00 .. • · .. ( I THOUTI BROTHERS CONCRETE WORKS NEW DESIGN CONSTR. GENERAL CONCRE-m Sa: D CONS11lUC110N bidprop • • (' CONCRETE PROGRAll 1117 BID PROPOSAL TABULATION 0.. Opened _ __...5/_..15.._/97..__ __ Pmlld llgnd $246,000.00 $166,177 .50 X S114J35.00 X $221,212.50 X $250,740.00 X $252,140.00 X .. • ; I • Dal9 June 2, 1997 INITIATED BY • '· COUNCIL COMMUNICATION . Agenda 11am 11 C i STAFF SOURCE Subject Trickling Filter Repair Eng~ Contract Littleton/Englewood WWTP Supefvilory Committee Stewart H. Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCL ACTION Motion to purchale trickling filter media from Brentwood Industries on February 18, 1997. RECOMMENDED ACTION --t-lllldaaloll II IDIIPIIIIM ~ malbl an-~ conhct wltl Brown & C....... ID~ tricklilg-....., eavtms In._ amount 1'111171-. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED Engineei i lg servicel .. needed for the repair of the NCOndary trickling titer and r9lallld actiYitiea. including delermining the cauae of the media collapee. Thae servicel Include inwnedlale reeponae, media replaclrnel it, data collection and evaluation, operational auillance, and pn,vioua cona1ruction sumnwy. Because Brown & Caldwell may have IOIM lilbillly in the media collaple • the design engineer and conatruc:tion manager for the fitter, payment for servicel ii aplil into two callagoriel : 1. Services that .., neceuary to repair the flllar wil be paid lmmedla11ty upon invoicing. 2 . Services that.., spec:iflcally relallld to the media collapN and delermrling the cauae wil be placed in eacrow . Escrowed funds will be paid to Brown & Caldwell if and when they ~ llblolYed of liability relating lo the media collapse . FINANCIAL alPACT The contract is a lime and materials contract wilh a not..to-GcNd limit of s1n .500 . Ttw fundl .. not included in the 1997 budget. Funds.., IIYllilable in the Phale lb budge( bemuN bidl r9C8ived,..,.. well below the prqact Ntimate . .. • . ,. - AGREEMENT FOR CONSULTING SERVICES BElWEEN THE CITIES OF LITTLETON AL'\ID ENGLEWOOD AND BROWN AND CALDWELL FOR TRICKLING FILTER MEDIA F All.URE AND REPLACEMENT SERVICES TIIlS AGREEMENT is made and entered into on this_ day of April 1997, by and between the Cities of Littleton and Englewood, hereinafter referred to u "OWNER," and Brown and Caldwell, authorized to provide engineering services in Colorado, hereinafter referred to is "ENGINEER," WITNESSETii: WHEREAS , the Cities of Littleton and Englewood have entered into a joint use agreement which describes each City 's respective rights in and responsibilities for the ownership and operation of the Littleton/Englewood Wastewater Treatment Plant (WWTP) pursuant to which agreements and contraets may be administered by Englewood on behalf of both Cities; WHEREAS , OWNER desires to retain ENGINEER to provide services associated with the Trickling Filter Media Failure and Replacement; WHEREAS , ENGINF.ER hu available and offers to provide personnel and facilities necessary to accomplish the work; and WHEREAS , OWNER desires to retain ENGINEER to perfi,nn the enpieaiug work in the namer, at the time, and for the compensation set forth herein; NOW, TIIEREFORE, OWNER and ENGINEER agree as follows : L SCOPE OF ENGINEER SERVICES OWNER and ENGINF.ER agree that services are u described in Exhibit A. enlided "Scope of Services -Littletorv'Englewood Trickling Filter Media Failure and Replacerned." dared February 6, 1997 . U: during the course of these services, OWNER and ENGINEER agree to chanaes in services, such chan ges shall be incorporated in this Agreement by written amendment . Unless specifically stated therein, the Scope of Services does not include assistance to auppon, prepare, document, bring, defend, or assist in litigation undertaken or defended by OWNER. All such l8vicel required or requested of the ENGINEER by OWNER or any third party ( except claims between OWNER and ENGINEER) will be rambursed ll ENGINEER's staldard rates for litiplioct l8vicel u shown on Attachment 8 hereto . ~a cone-. s.w. Cilia o{Lialetoa 111d e,. wood May ll, 1997 fllltlol9 ---:--~-----------=-~------ •. • • •, '· II. SCOPE OF OWNER SERVICES OWNER agrees to provide facilities and equipment and to peiform the following services : I. Allow ENGINEER. to collect raw data and information relative to the trickling filter media failure . 2. Allow ENGINEER. reasonable acces! to the trickling filter during failed media removal. 3. Approve and pay acceptable pro • ress payment requests in _ accordance with this Agreement. 4. Approve acceptable change orders . 5. Initiate OWNER requested changes . 6. Monitor contract provisions for affir!118tive lldion, insurance coverage, and other related activities . 7. Provide any necessary direct comrr 'l1icalion with the Colorado Department of Public Health Environment and the U.S . En ironmental Protection ~ regarding the Project as deemed necessary by OWNER. OWNER shall appoint a representative with re9f a to work to be pmfonned under this Agreement. OWNER's representative shall have authority to t .msmit instructions and receive infunnazion on behalf of OWNER. ENGINEER shall be entitled to r, y on inllructionl made by OWNER's ,epcestdalive unless otherwise directed in writing by OWNER. IIl. AMERICANS wrm DISABILITIE~ ACT Any other provision of this Agreement not wit!-~ unless otherwise specified in the Scope of Services, ENGINEER shall not be responsible f ir the Project's compliance with the Americans Wrth Disahilities Act (ADA) 42 U.S .C. 12101 et. s, 1-and the related regulations except to the extent OWNER has specified areas to be aa:.eaed or ual by the public, or to the extent OWNER hu provided information regarding special use equiremcnts or accommodations for OWNER.'s employees. IV. AI.ITBORIZA TION AND COMPLE110N In signing this Agreement. OWNER grams ENGINEER specific audlOlimion to proceed with work specified in Exhibit A The estimated time for completion is widin 180 calendar days of the date ENGINEER receives authorization to procm1 with the work from OWNER. ENGINEER shall use its best eff'ons to perform the work specified in Exhibit A widin the alimar.ed time . ~-... acona ..... Strw:a c.. ofl.ialdon 111d Eapwood May ll, 1997 Paae2of9 • • , . ,~ ·, • '· ll. SCOPE OF OWNER SERVICES OWl'iER agrees to provide facilities and equipment and to perform the following services : I. Allow ENGINEER to collect raw data and information relative to the trickling filter media failure. 2. Allow ENGINEER reasonable acces! to the trickling filter during failed media removal . 3 . Approve and pay acceptable pro • ress payment requests in. accordance with this Agreement . 4 . Approve acceptable change orders . S. Initiate OWNER requested changes . 6. Monitor contract provisions for affii mative action, insurance coverage, and other related activities . 7 . Provide any necessary direct comrr !nication with the Colorado Department of Public Health Environment and the U.S. En ironmental Protection Agency regarding the Project as deemed necessary by OWNER. OWNER shall appoint a representative with fe5J a to work to be performed Wider this Agreement. OWNER's representative shall have authority to t msmit instructions and receive information on behalf of OWNER. ENGINEER shall be enlitled to r, y on UllbUClions made by OWNER's ,epcesedldive unless otherwise directed in writing by OWNER. IIl. AMERICANS WTI'B DISAB~ ACT Any other provision of this Agreement not witl ~ unless otherwise specified in the Scope of Services, ENGINEER shall not be responsible f ir the Project's compliance with the Americans With Disabilities Act (ADA) 42 U.S .C. 12101 et. s, 1-and the related regulations except to the ment OWNER has specified areas to be accessed or uaed by the public, or to the extent OWNER hu provided information regarding special use equirements or accommodarions for OWNER' s employees . IV. AlITHORIZATION ANDCOMPLE110N In signing this Agreemem, OWNER grws ENGINEER specific authorimion to proceed with work specified in Exhibit A The estimated time for c:omplelion is widlin 180 calendar days cf the dale ENGINEER receives authoriDlion to proceed with the work iom OWNER. ENGINEEll shall me its best eff'ons to perform the wortc specified in Embit A within the estimar.ed time. Apmiled for~ Saw:a Cilies cfl.itddon and Eapwood May 13, 1997 ~-----~, __ .. ,-,,,,...,..,,...,,,.,,.....==.:."-~ ---.---------~,-~~~llll Pue 2 ofQ • .. • • • V. COMPENSATION A . Amm!m For the services described in Exhibit A, OWNER agrees to pay, and ENGINEER agrees to accept, compensation in accordance with Exhibit B . B . fmnmt As long as the ENGINEER has not defaulted under this Agreement, the OWNER shall pay the ENGINEER, either directly or to Escrow, within 30 days of the date of the ENGINEER's invoices for services pesfonned and reimbursable expenses incurred under this Agreement . If the OWNER has reason to question or contest any portion of any such invoice, amounts queslioned or contested shall be identified and notice given to ENGINEER, within 15 days of the date of the invoice . Any portion of any invoice not contested shall be deemed to be accepted and approved for payment and shall be paid to ENGINEER within 30 days of the date of the invoice. The OWNER agrees to coopcme with ENGINEER in a nmual effort to resolve promptly any comested portions ofENGINEER.'s invoices. In the event any uncontested portions of any invoice are not paid within 30 days of the date ofENGINEER's invoice, then (1) Interest on unpaid amounts shall acauc at a rate of 1.0 percent per month or the maxinun interest rate permitted by law, whichew:r is less. (2) OWNER sblll be deaned to be in material breach of this Agreement, and (3) ENGINEER shall ha\'e the right to suspend perfomwx:e of services under du ~ and widlbold ill illllnmlmls of service without 1ilbility for delay or other damages which may rault . VL RESPONSIBD.JlY OF ENGINEER A. Standard of Care ENGINEER is employed to render a profeaioml service only, and any payments made to ENGINEER are c:ompemation IOlely for such savic:ea rendered and recommendations made in carrying out the work. ENGINEER shall follow the practice of the engineering profession as to findings. opinions and factual presentations, and provide professional advice and recommendations . . . .. • • B. ENGINEER's Personnel at Construction Site It is understood that any resident engineering or inspection provided by ENGINEER is for the purpose of detennining compliance with the technical provisions of the Project specifications and does not constitute any form of guarantee or insurance with respect to the performance of a contractor . ENGINEER does not assume responsibility for methods or appliances used by a contractor, for the safety of construction work, or for compliance by contractors with laws and regulations . c. Opinions of Cost, Fjnancial Considerations. and Schedules In providing cost estimates, financial analyses, economic feasibility projections, and schedules for the Project, ENGINEER has no control over cost or price of labor and materials; time or quality of performance by third panics; or other economic and operational factors that may affect the ultimate Project cost or schedule . Therefore, ENGINEER makes no warranty that OWNER's actual Project costs, financial aspeas, or economic feasibility will not vary from ENGINEER's estimates . If OWNER requires ENGINEER to prepare quantity and material take-off's and/or cost eslimatcs from plans and spec:ific:ations that are less than fully complete, then OWNER will hold ENGINEER harmless from any and all loss, liability, or claims resulting from such incompleteness . VIL CONSTRUCDON MANAGEMENT SERVI~ In performing construction management services, ENGINEER shall . act u agm of OWNER. ENGINEER's review or supervision of work prepared or performed by other individuals or firms employed by the OWNER shall not relieve those individuals or firms of complete responsibility for the adequacy of their work. vm. RESPONSIBD..ITY OF OWNER OWNER shall use its best efforts to assure that the construction contract requires that the contractor(s) indemnify ENGINEER and construction manager, u well u OWNER, and that the contr1Ctor name ENGINEER and construction nwuager as additional insured on contraaor's insurance policies covering the Project . OWNER will furnish to ENGINEER certificates of iNurance provided by cxnraclOr evidencing that ENGINEER. its officers, employees, agents. and conailtants are named u addilional inueds on the policies of general liability and property inaarance applicable to the Project maintained by the contractor's insurance which may be written for the Project . Such coverage shall be primary and any such insurance c:amed by the ENGINEER shall be l'IOIICOllfflbutory and provide dlll ENGINEER be given 30 days written notice prior to any cancellation thereof Apanent for Conadling Serw::ea Cities oflialecon and Enalewood May 13, 1997 , , ..• -,. •=•.., _.. Pat?e 4 ofq -----.--------=---~----- .. • 0 • ·, • IX. ENGINEER'S WORK PRODUCT A ENGINEER and OWNER recognize that ENGINEER's work product submitted in perfonnance of this Agreement is intended only for the project covered by this Agreement . Change, alteration, or reuse on another project by OWNER shall be at OWNER's sole risk . B . ENGINEER's work product, which is prepared solely for the purpose of this Agreement, including drawings, test results, project calculations, field data, reports, recommendations, and technical specifications, whether in hard copy or electronic_ form, shall remain the property of OWNER when ENGINEER has been fully compensated, u set forth herein . ENGINEER may keep copies of all work product for its records. X. CONFIDEN11ALITY Performance of services under this Agreement may require that OWNER disclose confidential information to ENGINEER. It may also be necessary that ENGINEER's confidential i11fonnation be disclosed to OWNER. Docwnenu COlllaining confidential information of either party shall be marked "CONFIDENTIAL ." OWNER and ENGINEER agree not to disclose such confidential informalion to any third party unless : 1. Required by law . 2. The information was known to the disclosing pany before being obtained from the other party. 3. The information is or becomes available to the public generally where such publication does not arise directiy or indirectly from the breach of any obligation or confidenliality to either of the panics herein . 4. The information is acquired by the disclosing party in good &ith from a third party who is not under an obligation of confidentiality to the other party. 5. Five years has passed since completion of work perfomred Wider" this Aareemmt- ENGINEER and OWNER shall make the confidentiality tennS of this Agreement known to their employees and subcontractors having a need for the confidenrial informalion . ENGINEER and OWNER shall follow document control procedures that reuonably assure confunnance to the confidentiality provisions of this Agreement. Nothing herein shall prevent dilcloaJre or uae of confidential information in the course of claims between OWNER and ENGINEER. • ,. ,-,4; ~ ... ,Ufflf'ffl ------ • • . .. • • 0 'a2xl ---------------~--------.. ,----------------~----------- • .. . .. • (. ... XL TERMINATION A. Grounds for T ennination This Agreement may be terminated (a) at OWNER's convenience on 15 days written notice, or (b) for cause if either party materially breaches this Agreement through no fault of the other and does not rure such breach within IO days after receiving notice thereof B. Payment of ENGINEER Upon Tennjnatjon On termination for reasons other than ENGINEER's unaued material breach of this Agrcanent, ENGINEER will be paid for all (l ' authorized work performed up to the termination date plus termination expenses, including all labor and expenses, at ENGINEER's normal billing rates, directly attributable to termination, (2) all efforts necessary to document the work completed or in progress, (3) any termination reports requested by OWNER. XD. INDEMNIFICATION ENGINEER agrees to indemnify, defend, and hold OWNER lwmless from and against any liability to the extent arising out of the negligent em,n or negligent omissions of ENGINEER, its agents, employees, or rcpresenwives, in the performance ofENGINEER's duties under this Agreement. XDI. ENGINEER'S INSURANCE During the life of this Agreernent, ENGINEER shall maintain the following mininun inannce: I. Conunercial general liability inannce, including penom1 injury liability, blanket contractual liability, and broad-form property damap liability coverage. The eo1nbined single limit for bodily injury and property damap shall be not less than $1,000,000 . 2. Automobile bodily injwy and property damap liability imurance coverq owned, non- owned, rented, and hired cars. The wmbiaed single linat for bodily injury and property damage shall be not less than Sl,000,000 . 3. Statutory worken' compel~ and employer's liability imurance u required by ate law . 4. Professional liability insurance . The policy limit shall be not less than $1,000,000 . At,,.w tbr Cone*-1 Saw. Ciliel ofl.ialllml 111d F I' wood May 13, 1997 ,.6of9 • . .. • • • . . ENGINEER's instruments of service promptly; and (4) faulty performance or nonperfomwtce by OWNER, OWNER's independent engineers or contractors, or governmental agencies; nor shall ENGThiE.ER be responsible for delays occasioned by actions taken by ENGINEER which in the sole judgment of ENGINEER are required by sound engineering practice . ENGCNEER. shall not be liable for damages arising out of any such delay, nor shall the ENGINEER be deemed to be in default of this Agreement as a result thereof XVlil. INTEGRATION This Agreement ,epresents the entire understanding of OWNER and ENGINEER. u to those l11llterS contained herein No prior oral or written understanding shall be of any force or dfect with respect to those matters covered herein. This Agreement may not be modified or altered except in writing siped by both parties; however, this Agreement cannot be modified by any pmchue order issued by OWNER, whether or not signed by ENGINEER. and the terms and conditions contained in such purchase order shall be of no force and effect . XIX. SEVERABILITY If any pan of this Agreement is found to contlict with applicable laws, such part shall be inoperalive. null, and void insofar as it contlicts with said laws, but the remainder of this Agreement shall be in full force and effect . XX. CHOICE OF LAW, JURISDICDON AND VENUE This Agreement shall be administered and interpreted under the laws of the State of Colorado . Jurisdiction of litigation or arbitration arising from du Agrmnent shall be in the courts of Colorado with venue to lie in Arapahoe County in the State of Colorado. XXL NOTICES All notices required under this Agreement shall be delivered by facsmle, penona1 delivery, or mail and shall be addressed to the following persons : J. Thomas Jacobs, Vice President Brown and Caldwell, Inc . 7535 East Hampden Avemie, #403 Denver, Colorado 8023 I 303-743-5454 (Fax) Stewart H. Fonda, Director LitdetoAIEnpwoo WllleWater Trelllnem Plant 2900 South Plane River Drive Englewood, Colorado 8011 O 303-762-2620 (Fax) .. • • ,. - ENGINEER shall submit to OWNER certificates of insurance, together with copies of insurance policies listed above; provided however, ENGINEER shall not be required to submit copies of rider(s) to such policies that are not pertinent to the insurance coverage listed above. It is understood and agreed between the parties that by not providing copies of any such rider(s) to OWNER, ENGINEER will be making a representation to OWNER, upon which OWNER may reasonably rely , that to the best of ENGINEER'S knowledge, information and belief: that such riders are not pertinent to and do not limit the insurance coverage listed above. The said certificates shall provide that the insurance company will give notice to the OWNER at least 45 days prior to any cancellation of the policy. ENGINEER agrees to give notice to OWNER at least 45 days prior to any reduction in coverage, modification of coverage, or termination or cancellation of the policy, in the event that such actions are initiated by · ENGINEER. If such actions are initiated by the insurance company, ENGINEER agrees to give notice to OWNER as soon as possible after ENGINEER'S notification by the insurance company of such actions . XIV. SUBCONTRACl'S ENGINEER shall be entitled, to the extent determined appropriate by ENGINEER, to subcontract any portion of the services to be performed under this Agreement only upon written authorization from the OWNER. XV. ASSIGNML"IT This Agreement is binding on the heirs, successors, and assigns of the parties hereto . This Agreement may not be assigned by OWNER or ENGINEER without prior, written consent of the other. XVL NO BENEFIT FOR THIRD PARTIES The services to be performed by ENGINEER are intended solely for the benefit of OWNER. and no benefit is conferred on, nor contraaual relationship established with any person or entity not a party to this Agreement. No such penon or entity shall be entitled to rely on ENGINEER's services., opinions, recommendations, plans, or specifications without the express written consent of the ENGINEER. By this Agreement, the parties do not intend to create a right to men a claim against the ENGINEER, its officers. employees, agents, or consultants by the consuuction contractor or to any subcontrac:tor, supplier, manufacturer. lender, insurer, surety, or any other third pany as a result of the mstence of this Agreement or the performance or nonperformance of the ENGINEER's services hereunder . XVIl. FORCE MAJEURE The ENGINEER shall not be responsible for delay CIIJled by circumstances beyond its l'WOlllble control, including, but not limited to (I) strikes, lockouts, work slowdowns or •oppeps or accideds, (2) acts of God, (3) failure of OWNER to furnish timely information or to approve or disapprove Aas:-••" tor c~ Serw:ea Cities ofl.itdeton and Enpwood May 13, 1997 Pise7of9 ~--.---------~----... • . .. • I 0 • • ·, • (, ENGlNEER's instruments of service promptly; and (4) faulty performance or nonperformance by O\VNER, OWNER's independent engineers · or contractors, or govemmental agencies; nor shall ENGINEER be responsible for delays occasioned by actions taken by ENGINEER which in the sole judgment of ENGINEER are required by sound engineering practice. ENGINEER shall not be liable for damages arising out of any such delay, nor shall the ENGINEER be deemed to be in ddault of this Agreement as a result thereof XVIlI. INTEGRATION This Agreement represents the entire understanding of OWNER and ENGINEER as to those matters contained herein . No prior oral or written understanding shall be of any force or effect with respect to those matters covered herein. This Agreement may not be modified or altered eiccept in writing signed by both panics; however, this Agreement cannot be modified by any purchase order issued by OWNER, whether or not signed by ENGINEER. and the terms and conditions contained in such purchase order shall be of no force and effect . XIX. SEVERABILITY If any pan of this Agreement is found to conflict with applicable laws, such put shall be inoperative, null, and void insofar as it conflicts with said laws, but the remainder of this Agreement shall be in full force and effect . XX. CHOICE OF LAW, JURISDIC110N AND VENUE This Agreement shall be administered and interpreted under the laws of the State of Colorado . Jurisdiction of litigation or arbitration arising from this Agreement shall be in the courts of Colorado with venue to lie in Arapahoe County in the State of Colorado . XY.L NOTICES All notices required under this Agreement shall be delivered by facsimile, penonal delivery, or mail and shall be addressed to the following persons : J. Thomas Jacobs, Vice President Brown and Caldwell, Inc. 7535 East Hampden Avenue, #403 Denver, Colorado 80231 303-743-5454 (Fax) Stewart H Fonda. Director LitdecowEnpwood Wutewater Treaanem Plant 2900 South Plane River Drive Enpwood, Colorado 80110 303-762-2620 (Fax) ~ tor COIIIUllina Seniic:ea Cities oflialltcn and e.wooc1 May 13, 1997 Pl@elof9 --~~--~~~-. . •· 0 • • • Notice shall be effective upon delivery to the above addresses . Either party may notify the other that a new person has been designated by it to receive notices, or that the address or FAX number for the delivery of such notices has been changed, provided that, until such time as the other party receives such notice in the manner provided for herein, any notice addressed to the previously-designated person and/or delivered to the previously-designated address or FAX number shall be effective . XXIL A 'ITORNEYS' FEES In the event either party commences a lawsuit or arbitration against the other, then the prevailing party shall, in addition to any other recovery, be entitled to recover its reasonable attorneys' fees and all other costs of litigation or arbitration . XXIII. AlTJ'BORJZATION The persons executing this Agreement on behalf of the parties hereto represent and warrant that the parties have all legal authority and llllhoriDtion necessary to enter inlO this Agreement, and that such persons have been duly authorized to execme this Agreement on their behalf IN WITNESS WHEREOF, the paniea berm> have exeaated this Agreement u of the date first above written . BROWN AND CAIDWEU., INC. Title ____ _.Vi ... ace-Pmidmr.__·_.__ ___ _ Date ___ 5 __ / __ 1 "3-+} ..... rz....__ _____ _ ATIEST: Signarure __________ _ Name ___________ _ Ta~------------- Dlte ____________ _ CITY OF ENGLEWOOD Sipabn'e _______ _ Name ___ _.s..,tewart..,.l&.a.<H.._F...,qnda ____ _ Tttle ________ Pim:!JI:.,.·._ ... ____ _ Dale ____________ _ ~· mr~s.w:. Cities ofLiallton and Elialewood May 13, 1997 Page9of9 ... . ... .. • , • • • , .. • Litdeton/Englewood Wutewater Treatment Plant Trickling Filter Media Failure And Replacement Exhibit A Scope of Services Task 1-lnitial Response This task covers failure assessment activities that occurred between January 16, 1997 and February 4 , 1997 . These activities include : a) Visual inspection of failed plastic media by local and corporate office persoMel. b) Assistance with modifications to plant operations to allow effluent limits to be maintained in the absence of the failed trickling filter . c) Initial data collection to determine failure mechanism. d) Discussions with media supplier to arrange for purchase and delivery of new replacement media. e) Discussions with Phase I B Contractor to arrange for removal of failed media and placement of new media. Task 2-Assistaace witb New Media Replacement a) Assist OWNER in procuring a contractor to remove failed plastic media and install new plastic media. These include scoping of the Contractor's activities, developing a schedule for completing the work, and negotiating the cost for accomplishing the work. b) Assist OWNER in discussions with new plastic media supplier. These services include identifying technical specifications for new media, negotiating price for new media, and developing a delivery schedule for new media. c) Perform office engineering services that are applicable to the installation of the new plastic media. d ) Provide construction management services, including performance of periodic field inspections and construction documentation services associated with the installation of the new plastic media. , J ""'1 C ,1 .. --''°''"'•' 4, • Exhibit A Cilia of Liuldon and Enalewooci May 13 , 1997 Pagel of3 ..... • . .. •· • • • ,. e) Perform inspection of new plastic media and verify its adequacy. This will include visits to the media fabrication site and media testing facility. f) Provide assistance in turning replacement (new) plastic media over to Contractor. g) Prepare and submit a final construction report. Task 3-Data CoUection a) Develop data collection protocols for use when the failed media is removed from the trickling filter. This should include methods of media removal, identification of samples to be retained for testing, and appropriate testing procedures. b) Provide full-time field observations of the failed media as it is removed from the trickling filter . This shall include directing the Contractor's media removal activities in order to obtain the necessary data to ascertain the cause of failure. This activity shall also include recording media conditions u it is removed from the trickling filter. c) Perform office engineering services that are applicable to the removal and disposal of the failed plastic media. d) Assist OWNER in identifying an adequate media disposal location. e) Identify plastic materials consultant for retention by OWNER for consultation in developing testing methods for failed media. t) Gather and compile all fidd data into the appropriate tabular or graphic format. Tuk ~Data Evalaatioa a) Collect all of the available data rdative to the media failure . b) Analyze available data and compare it to technical specifications. c) Work with OWNER. plastic materials consultant to interpret testing results. d) Devdop conclusions regarding cause of the plastic media failure . e) Provide OWNER with final written report summarizing items a), b), c), and d) above. ExlibitA Cilies ofl.ialdon and~ May 13, 1997 Plp2of3 ... • • • • t~ • ' Task 5--0pcrational Assistance a) Attend the OWNER weekl y operations meetings . b) Obtain and review plant operating data . c) Provide on-site consultation, as necessary d) Provide OWNER with written operational recommendations . e) Assist OWNER in developing a nitrfying trickling filer failure contingency plan. Task <-Investigate Construction History a) Obtain construction activity documentation of the Phase IA project. b) Review history of the construction of the trickling filter with emphasis on the fabrication and installation of the plastic media. This should include review of all submittal documents received from the media supplier . c) Identify any peculiar activities, documents, or documented conversations that may be relevant to the cause of the media failure . d) Provide construction history information to OWNER forensics consultant. Task 7--Cron-Flow/Vertical-Flow Media Process Daip Perform process design calculations to determine the trickling tilter configuration required to conven the existing trickling tilters at the OWNER' s wastewater treatment plant to putial cross- flow media and partial vertical-flow media. Materials Tcstin1 OWNER and ENGINEER ackno wledge the necessity to retain an independent materials testing laboratory and possibly an independent plastic materials consultant. ENGINEER will cooperate with OWNER and their independent forensics consultant in selecting a laboratory to provide material s testing and in determining the need for and selection of an independent plastic materiais consultant . OWNER will retain the materials testing laboratory and independent plutic nweria1s consultant . Reimbursement for any costs to ENGINEER associated with materials testing and consultations with the independent plastic materials consultant will be agreed to, in writing, at the time at which these services can be clearly defined . Exhibit A Cilia ofLittleuln and Enpwood May 13 , 1997 PapJ ofJ • . .. • • • ,.. • • <, Littleton/Englewood Wastewater Treatment Plant Trickling Filter Media Failure And Replacement Emibit B Compensation Compensation for services provided under Article I "Scope of Engineering Services" of the Agreement, will be based on time-related charges plus direct expenses as described below. Payment shall be as specified in Article V of the Agreement. L TIME-RELATED CHARGES Time-related charges shall be the total hours worked on the Project by each employee, multiplied by the hourly rate for that employee's job classification . The rates are shown on the attached Hourly Rate Schedule, dated February 1997. The Hourly Rate Schedule may be revised annually on the last Friday of Dec:embcr. Tune-related charges include salary rates, fringe benefits. general and administrative overhead, taxes, and profit . D. DIRECT EXPENSES Direct expenses are charges. other than tt.. included in time-related charges, incurred dncdy for project. Direct expenses and subconttacted ~ shall be billed at actual pun:hue price. plus a service charge of IO percent . Direct expcmes include. but are not limited to : a) Services and equipment, such u special accounring services, computer and electronic data processing, field testing, and laboralory lllllysis. b) Reproduction services, including reproducins drawings, photocopying, printing, and binding . c) Communication costs, such u telephone, telecopy, teiep'aph, cable, express deliwry, and postage . d) Subcontracted services . e) Living and traveling expenses of employees when away from their home oftice . t) Automobile mileage at 31 . S cents per mile . Exhibit B Cities ofl.inleton and Enaiewood May 13, 1997 ..... lof3 f Ji\. :,,-.e,rr~ f 't-Jo. c! ' -=-----------,- • , • ,. • · ... • . . ID. TASK COST CEll.INGS AND PAYMENT METHOD The following table identifies the ceiling amounts that the tasks, identified in Exhibit A. shall not exceed without written authorization from OWNER The table also defines the timing of payments for each task. The Escrow designation indicates that payments will be made by OWNER, on a monthly basis, into an interest earning Escrow account that will be closed and all funds distributed to ENGINEER if and when ENGINEER is absolved of liability in the media failure . Ink CgsCaa favment Method I. Immediate Response $25,000 ~ -Immediate, ~Escrow 2. Media Replacement $40,000 Monthly 3. Data Collection $45,000 Escrow 4 . Data Evaluation $35,000 Escrow S. Operational Assistance $15,000 Monthly 6 . Construction History S 15,000 Escrow · 7 . Process Design S 2,500 Monthly I( at any time. ENGINEER believes the cost for any task will exceed the cost ceiling, ENGINEER shall notify OWNER The notification will include the revised cost ceiling and/or the revised time for complelion. OWNER shall not be oblipted to pay ENGINEER for COltS incurred in excea of the COit ceilina unless OWNER agrees to do so . ENGINEER shall not be obtipted to continue performance under this Ap-.nent or otherwise incur COltl in exrm of the COit ceiJina ualea and until OWNER agrees to increue the authorized cost ceiling. Each pany shall bear one-half of any fee charged by the Escrow Apnt manaama the Escrow account. Exlillit B Ciliel oflildan 11111 Fnal I a'OOCl May 13, 1997 Paplofl • . ' ~ . • i , .~--------------------. • • Hourly Rates of Key Penoaael (1997) Litdetoa/Eapwood Wastewater Treatment Plant Triddia1 Filter Media Failure aad Replacement ........ "'.'* Technical / Clerical Eapaeer GaryHansen Sean O'Connell James Widner Senior Engineers Ken Brischke Tim Hansen KimMalelc Kirk Petrik Sapervisiac Eapaeer Paul Bakken Principal Eapeer Tom Jacobs Forrest Vausflan DaveWdson Eucative Enpeer Craig Goehring Garr Jones Denny Parker ~'·:;·-. :>: ~.:.,: . ;:-j; t > .. ,;,';,,,:... ,.....,;,;,_ .... "· .. ,-;, .. , .. ,,,, .... )\:., $53.()() $78.00 $100.00 $120.00 $165 .00 $115.00 ExhibiaB aa. ofl.ildllCID 111d E,9 IWOOd May 13, 1997 Paplof] •, ... • ; , • • ·, COUNCIL COMMUNICATION Date Agenda Item SUbfect UC ii Motion to purc:e.e June 2, 1997 replacement Fire Apparatus lnltladBy Staff Sourcee Safety Services -Fire Division Al Stanley, Director of Safety Services COUNCIL GOAL AND PREVIOUS COUNCIL ACTION In 1996 Council designated $400,000 for this purchase. RECOMMENDED ACTION Kieth Lockwood, Division Chief Staff recommenda City council IIPPl'CMt the purdleN of a 85' Lafrance/Telelqurt p&.rnper from Becker Fire Equipment Company for the amount of $399,785 and the woclalltd equiprWd for the amount of $30,000 for a total coat of $429,785. BACKGROUND, ANAL YSl8, AND AL lBINATIVES IDBfflFIED This purchase enables the replacement of a 1973 TelNqurt Pumper that WM due for replacement in 1993. The normal life expectancy of fire apparatus is 20 years, however, the firw1c:ial oonatrainlll of the city required the delay of this replacement. Slaff evaluated the feasibility of rebuilding this unit but it was determined not to be coat effec:tM gilMr'I the age and coudltion of the apparatus. Cousideration WM giver, lo other types of apparatua, ho••.,., the exposure of the community, i.e., the number of mid-rile aplll1ment complew. the indullrial businesNs. etc. the 85" Teleequrt provides for the beet ulllzallon of our reeourcea. PIUNCIAL .. ACT Upon approval of awarding this bid the city wil became lillble for paying $429,785 upon delivery of the apparatus and auociated equipment. Conelruction .. begin immedlal9ly upon approval of purchue and the antic:ipated clellvely wil be Mlln:h 1•. Al future replacement of fire apparatus is cunently being funded and Kheduled through CERF. UST OF ATTACHIIENTS Bid Tabulation Sheet · . • , TO: FROM: DATE: SUBJECT: • • ... CITY OF ENGLEWOOD DEPARTMENT OF SAFETY SERVICES A. F. Stanley, Director Kielh LaclMood Division Chief, Fire ()pa ations May20, 1997 The bki proms for pracullng a ........ 1lnt apparllUI -CINl!plllld on Mln:h 7. 1117. Bid pact.ages..,. Nrt to four local vendors. DI.ling tt. 9Vlllulllan of our bkil. I talk8d wlh ,~ flam W9ll Mello File PICIIICtio,"t Dillltci Ngal'dlng a bki proms ..., condulMd in Fellnlaly on a ve,y linlli. ~-I leaned~-.-dlVtt.lrbkilD lledrarFlntEqulpnm. ..... File Equlpmlrt Is lc.-cl Inc...,... Wyoming and had nal i9llllMld Eliglawoad's bki ..... Ms doing oon..-. ...,. of tt. equipma,11 IIP«)lllc:illk• and CIIIIII I blcane appaWll .... File -offenng .. blllt value. The ca, of ~ -llwllll bf Well Mlln> Finl olllalall and •111111~ flam Badl8f' File 1:quipm1n1 ID "11i1a lladl" om, .. bki pa-llld ID Well Mlln>. I dl8Cl811d this QIIIDII wlh Cly Marner Dan llralzmall and Plnhallng Aglrl llallr aa..t. I -_,... that a. ca, can ....,.1111.,... tarpan11a1ng1111....-. For~ ... puipaaal -~ .................... -....... ,,...and .......... The ........... CIIIIJ tar ......... dD nal ............ tar lama equipma,11 ................... ol ..... 1111 .... ........ ................ -.. , ... ,,_. ..... .......... -.... ,_. lettwy ....... ........ ,,..,.,_ . ....,__ tm,110 1117.114 I II ....... ,..._ flam .... _. In a OIIII .... of ............ 113,MI. ... la n •.•• llttlllpuldlaalD ................ qulllr.---. ..... 7 ,,, ol;lllll.111 ........ "" ........ iiddllli, ................. --,...... .......... tan .... All lqulpnatper .. w.lMIIIObki. Plaae canlm me lhauld ,all lilld fullisclaltlclllDn CW adl7IIIIIIII .... lftidlulL 1111111111 ........ I f I a Ollliaa •t1 ~Mi:Ll lA .ca,,...-,.Ase te ±l t A 111111,....10 C-..1 a (30I).,...... • .._.. 11111,.... • '8 cal,.,..,. .. • i , • • CITY OF ENGLEWOOD BID PROPOSAL TABULATION BID ITEMS(S) • 65 FT. AERIAL LADDER TRU BID OPENING DATE: MARCH 7, 199711:00a.m. VENDOR I VENDOR I VENDOR I Vl:lfUUI( I rENDOR FRONT RANGE FIRE SAULSBURY FIRE EQUIP. COLORADO IMCK ~IT!IIN ~ EQUF. IREEN F1RE--e-QUF. CO CIO MILE HI FIRE EQUI'. TRUCK ERNIE TANGYE ALAN SAULSBURY DOWIIARKIN DON BLANKENSHP LENIIM!N ITEM 4727 N BROADWAY I01 E UTH AVE. 4110 VASQUEZ a.VD. 1•HERONDR. # BOULDER, CO 80304 COLO. SPR., C0. 80221 DENYER, CO 18211 LOVELAND,C0.11137 £ 1 $405,171.00 $409,231.00 NOREIPONIE NOBID NOREIPONSE OPTIONS OPTIONS OPTIONI OPTIONI OPTIONI 1 $1,700.00 $2,400.00 2 $2,M1.00 $1,000.00 3 NIC $1,IOO.OO . I ./ 430HP NIC, 470 HP $1400, . 4 SEE UST 800HP$2IOO 5 NOT AVAILABLE S•ICBATYPE • INCLUDED NIC 7 STANDARD $250.00 I $211.00 $500.00 9 $2,427.00 $7,000.00 10 SEE UST $2,000.00 11 DEL: 240 dar• N placed IEE NOTES (.fl210.001 - baforw 4131117, nat 20 Opllonlll Chaala - ...__ ftnntoday•.••~ Dallvafy•. _.. Nat d9IIYefy & ICClptll,-Firm IO . -llltaChad Hat .,. ~ r .,uo,,:NUU.._l.ADDER IRl,Jl;IIII; 1 • A8 ' • ·, • ... 13 (a) CI1Y MANAGER'S CINDERELLA CI1Y ACTIVI'IY REPORT May 29, 1997 • Equitable The draft Purchase/Sale Agreement was approved by City Council on First Reading May 19 . The agrttment will be brought back for second and final council approval as soon as Equitable as approved and signed the documents. Staff Source : Dan Brotzman or Doug Clark Equitable Real Estate has received an unsolicited offer from a Florida based real estate developer to purchase Cinderella City. Equitable is evaluating this offer but has expressed to the city their desire to move forward with the Purchase/Sale Agreement pending due diligence with this other developer . Staff Source: Doug Clark • Mercantile Mercantile is reviewing a licensing agreement authorizing Equitable's contractor and City officials access to the former Joslin's building to conduct environmental remediation cost estimates . I saw Barry Nicholson at ICSC last week and he stated he is still awaiting approval from their legal counsel. I'll be contacting Barry in the next few days to see how he is doing. Staff Source: Doug Clark • Miller-Kitchell Miller-Kitchell has been provided a revised development agreement. Sec attached supplemental report regarding Miller-Kitchell activities . Source : Doug Clark or Bob Simpson • Museum of Outdoor Arts MOA has been provided a draft double letter of intent proposing to cap the city's financial commitment at $450,000 a year for operations and maintenance and $2 million for site development, subject to annual appropriation and financing . The S2 million site development figure may no longer be applicable . The number may be as high as S3 . 7 million or more, subject to negotiation (sec attached repo Bob Simpson or Doug Clark • • • 0 TO: FROM: DATE: SUBIECT: May 29, 1997 Miller-Kitchell Activities '· • • This supplements my May 29 Cinderella City report. Bob Simpson and I met with Skip Miller and John Loss of Miller Development on May 28 to discuss project status. As a result of the meeting I would like to report the following: • Miller-Kitchell will send us a letter regarding their position on accommodating the Museum of Outdoor Arts. Basically, they will propose to accommodate the museum under two conditions. FU'St, they are successful in attracting economically viable tenants for the balance of the project that are compatible with the Museum . They are assuming they may be losing an opportunity for a general merchandiser. Second, that the Museum (i.e . City) pay the prorata share of all finish development costs for the ten acre carve out. They estimate this to be $8.50 per square foot (du --18 mbject to Kltdlell .......,.a eo map be ~ which works out to $3. 7 million for the ten aaes. By "finish development costs" I'm refening the cost of developing the site without buildings (i.e finish grade, utilities, traffic access, off site improvements, etc.). • Miller-Kitchell will submit a prospective tenant progress report to the City the week of June 2. • Miller-Kitchell has agreed to submit their preliminary PUD site plan to the city within two weeks after the city makes a final decision on the Museum of Outdoor Arts . • Miller-Kitchell and city staff will proceed with finalizing the development agreement and bring before City Council for approval . Please call me if you have any questions . ... • • <. MEMORANDUM TO: FROM: DATE: Mayor Bums and City Council Members louaishia A Ellis, City Clerk May 28, 1997 SUBJECT: REQUEST FOR APPEAL TO A HEARING OFFICER II' In accordance with the Englewood Municipal Code 1985 § 3-1N-9 (C) (4) I am notifying you that I have received a request for an appeal to a hearing officer d disciplinary action taken by the City and against John Holland. A copy d the request, dated May 27, 1997, is attached. cc: Doug Clark, City Manager Dan Brotzman, City Attorney Tom Kenhi1nik, Manager d Administrative Operations Frank Gryglewicz, Director d Financ:lal Services .. • • 0 • /W.tr~~ ~.~~ ,. .3.~~~~ if i2J..tt till : --tlllold-- . . I· 0 • • 0 I• - /. M-tr /JU,v/_, ?~ ~.~~. .atw,-~~~ i/ w. till : ' '1 --~ • • • . t . ... I· • . . •. 0 I• • . ~ 0-1-• ~ ~lr.UhU..,_~~ ~ /ffU.IJ.---/971, 1'JI!, ~I ~/J4/I~ -~~ ~ If--~ -Mt/)».-~ I --w.r ff£ rMi-Pll,«1-1 ~r • .~-------:--~- 0 •, -' . . I· -. --ir------,. 0 I • • .. • • •· • • I •. • 1~ • ' '· fk;.,~ c,L ~ /ki11J1~~/,/ltf ~ ~ (JYL, C/d.l.. ~ ,/Jiu ({}( Ji1A1II UlhlP& . .. . - ., •· • • 0 , • • • . . . . . I· ,---~-~--·--------~:---~~ • • I • • . . .. ~-~~~o/L d/JJ;-!Jslu--~ -~~~ hJMJ-llb.~k ~· ' ' ' .. . . • ~---~-~-.. ~----~-----~-----.. • . ... 0 • ' . \ . , . ' ' . . . . . . - , I· 0 -~-~---~,. • • ' . 0 I• • /J!f) ~?#!Sp -~ /~ ~~Ji;~ /# ~ ftw>v hdtu vi»-~ M·· '/~~-~fik_,n~ /oJ ~~ -ill~~ ~~~ =z,: .-~ M~irc!N.~~ Mi, ~ "'~r /'UV~ ~ fritd -~ fmv - ~·· -S)3V ~,~~ ---~YJBO-~+-? . -,' .. I ' . . I· 0 -------.----,.,----~--:------~ . ' •. . ,~ - . . •· • • 0 ,. • < . ' /0--~~ @ -~~ w -~It/ ~~~u­ ~- /f11i/ -~ Joaf.u-$~~ ~~~ . ~. ~:-Ci ~--~ . - ' . \ . " . . I· 0 • . . 0 I • • ~·_;;itf<{o · ~ -l-bJai-4~ IAJluirJ.ir~ ~ ~ -;dw ._ ~ ~hd-w ~tk ~ ~ ~~'3~~ ~A<, bUIL-~~ -~~ ·, ~~w/~~ ----::>~ . ~~~M~~ --ti?) 41µ ~ ~ *-' ~fel--' ~/?MJ- ff>-0-~~ >-- ~ i- ' I I· 0 , . • . . ~-~-~ ~Jr~~~­ jM-al-~ ""/ ~ifn~~l8' ' • •. . . . ., I· ,-------. 0 • ... • • •· ' • . \ . -~-----· • • , • 0 I • • !n&)?~~- (Jf ~ ilu;/4~ - .._____ ~ Ai UJ.4u__ kt M t(;fu___tvf-~ ~-~-~?.) /1 ~~4+1Plj;)/ ~-aiu ~ ,d/Affl/ "{j ~ M~~~~~ !L~~,t £14 ~ At-d-~ ' .. I· • 0 t• • . . . ' • • 0 • • .... . . . . . . , I· • •. . ,~ • . ' . . . . ~~r~· - . ffeUt' ~ ~ 4tlJb_ ~ ,I ~--.. . . . •· • • • 0 - (!D _fu, /f(J~£j:___ -~-,ur~~~AA-~~ 'dnt-41:id~ ~ k~ty; jj,;J o/J ~ ~ Y-;b;iJ ~ ,,t~ A ~- ' ' .~-~-~~~' ' .. •· - • • • 0 I• • ( ' ' . ' @f:~r . ~/~~~ ~~~k~~ r&o%-- 1;w ~~- fX4i-;~/>!'~ ~y 1AJki-H2,kp-~~- Mfµi}~ r~ ' . . ' . . '. . 0 • 0 !• • ' ' . ' • ' ' . ' . . . •· 0 . - . . . • t• . . . •• . ' -.. (. .. • . ~ 0 • . , . • .. • ----• ~ r • • .. ., • ----• 0 I• • . ' ... ' • • 0 (• • (1) I ~~-~~-~ ($)~~14v~ ~ ~t::~~~ • . ' ... . . . I· , 0 - ~ (S) fe Atu /ff~~' l}jaJ--~~~ ~~ -___ _.~ ~~~- • . ' . . ' ; I· 0 ,..----~----.~-------.----, • 0 I • < • . . . - ~ ~y.~- M~) ~r--~ ~l))l/p;i, ~ r~ ~~Jo @ -/))d_ -ddd ttutL~ ~~ 0 )tJLJ ~ ~ii;-~~ ~ ~("r-4i-~HL, uY ~~~ ()()~ 1 · , -. ·- . . . I f • ._ . .....,. ,. __ ,..,_,-· 0 - ......... ··---, ..... .......... ................ .__. .. "............... -- ' •. . . . • • • 0 ... -- • (• • ' . . f/J . Dfl,,4'~A,i :· {ii) .. I& ?b,i. ,/ L ) J .. ~~­uj~~/YL, (AT~ ~~ftq-/,(){ dllf .. • . ) •· 0 • • • JIil- @ ____ -~~-- ) ... •· I (712-2405> ....... a 11oura 1n advance°' ............. ......, "**,... ' • • • • t• - J /31LL FIJI'-{'/3!#7 ~=~OR.:::-~ ,~j, . '' REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL /W.., · MONDAY.JUNE2.1997 -&!., li~ 7:30 P.M. -~ 1 . Call to order. 2. Invocation. l,vJ /IJ~ 3. Pledge of Allegiance. ~ 4 . Roll Call. fl~ 5. Minutes. llNlic;,;... a. Minutes from the Regular City Council Meeting of May 19, 1997./)~ ~ -'(JfiisfAI: VDIJJ.1 trH:, 1 f)) I '6AUS) -()fr -- 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) o,,HJJ/Ji)ffe': a. A representative of the South Broadway Car Dealers 'c!!:.!Jant to add~,/;,J? {)J:,)~ b . 7 . Council regarding the South Broadway Action Plan . ei'S . • icki Lattimer from Pawn Bank awn Brokers licensing ordinance Brett Kauffman from US Pawn will "'Joel~'"', Pawn Brok 8. Communications, Proclamations, and Appointments . ap,r}.711 411dn ,rp4'1-tJ Prndama""'-..,,,June7-14. 1997ul--~ Plew nole: I y,ou ,._ • dlaFlraty and nNd 8lldlary alda or w w1a FF, ....... nollly h Cly of 11 ... woad (712-2411) ........ haun In ..... ot we....,,.... ......... T-* y,ou. • ..... ,...,... H fWM •-•• • .......,...., _._. ,._... ......... , ...._"' ................... IIUUIJ 11• .... , "9 ~ ... WVVIIIII (712-2411) ........ haun In ..... of we....,,.... ......... T-* y,ou. •. I ... •· , • 0 , . • - CityCouncllAgenfJJNn-v~· . /J61£J,.,J~1~~ ~{)ff @ June 2, 1997 -r, /~~ lC 'r;:--' Page 2 i{mJ../J u ,hi.A--~ 9 . Public Ue"a~n~. a . A public hearing to gather citizen input on an amendment to th~. Cpmprehensive Zoning Ordinance regarding Pawn and Auto Pawn Zoning . Cl)~ -b. A public hearing to gather citizen input on an amendment to the Com rehensive • 10. Zoning Ordinance regarding Tempo!ary Employment Zoning. Of,d7-tJ. IA). ~ Consent Agenda. Recommendation from the Department of Financial Services to adopt a bill for an ordinance adding a new section to the Englewood Municipal Code pertaining to Auto Pawn licensing. Amended as to effective date. STAFF SOURCE: Frank Gryglewlcz, DINCtor of Financial SemcN. vi,0,t1I1Recommendation from the Department of Financial Services to adopt a bill \))~ for an ordinance repealing and re-enacting a section of the Englewood Municipal Code pertaining to Auto Salvage and Recycled Material Yards licensing . Amended as to effective date . STAFF SOURCE: Frank Gryglewlcz, Dl1'9ctor of Flnanclal Servtc:N. ln ·~=t ~" ~ ~ ~ /) J .,;, I '1 vii. Recommendation from the Department of Financial Services to adopt a bill ~~ (:;r1 t-rJ j for an ordinance re-enacting a section of the Englewood Municipal Code pertaining to Pawn Brokers licensing and removing this licen= the 'ffh-{} ==-:~~~ '-'fl~ .....__..: .,..._.:cz, tftyand,........,aldaor•w1a11, ....... nallfy._CIIJalll ... aood (7ll-a4CII) ........ hOln ln---al "'*' ................. Tlwlk you. ... •· • • • I• • Olly Council Agenda J -2, 1997 l,ege 3 t 16! tz viii. Recommendation from the Department of Financial Services to adopt a bill for an ordinance re-enacting a section in the Englewood Municipal Code 7-V pertaining to Temporary Employment licensing and removing this license from the moratorium. Amended as to effective date. SJ~ SOIIACE: Frank G lcz, Dl1'9Ctor of flna,clal Services .. VIAi oPPJ?~ •MJ'":!-'" ~ "Jo"r!'i', ~ r;;'f-t.. !o 3 - tJ')J_ f _!/)i. Counci~ Bill No . 34, approving a ~outh Englewood Wastewater Service Agreement. (YlJJf.-..!}_ ii. Council Bill No. 37, approving an Oil and Gas Surface Use Agreement. {YI).)/:-~ Council Bill No. 40, amending the Firefi hters Pension Fund a~ Perma -'af,11J~-~~ ,u,a!#""' fl/!' (Y;J )J-, !l'J iv . Council Bill No. 48, amending exis · contract for the res rant at the -~ golf course. m)J/; tk, V. - vi. Council Bill No. 49, approving an Intergovernmental Agreement with the Regional Transportation District for the design, engineering, and construction of utility modifications required for construction of RTD's Southwest Corridor Light Rail Project Phase 2 . Council Bill No . 50, approving Southgate Supplement #131 . c. Resolutions and Motions . Recommendation from the Department of Public Works to approve, by motion, a construction contract tor Concrete Program 1997. Staff recommends awarding the contract to the low bidder . Thoutt Brothers Concrete Contractors, in the amount of $166if~·,,· ST~ SOURCE: ChartN e..ty, Director of Public Wons.~ 11 . Regular Agenda. a . Approval of Ordinances on First Reading. y b . Approval of Ordinances on Second Reading. y c. Resolutions and Motions. Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, an engineering contract for Trickling Fitter Repair at the Plant. Staff recommends awarding the bid to """"'.~"' ... amount""'!!!~--Stewart H. Fonda, Director of UIIIIIN. ...._nalr. 1,-.... a «1 tlllJ,mdMN.-,.._or•lla11, ....... MllylwCIJolll... •• {1U-24Gl)al .......... 1n ............................... 'Tt-*,au. I· 0 0 - City Counc i l Agenda J une 2. 1997 Page 4 Recommendation from the Depanment of Safety Services to ap prove . by motion , t he purchase of replace ment Fire Appa ra tus . Staff reco mmends awa rding the bid to B ecker Fire Equipme nt Co mp any , the lowest te c hnically acceptable b idde r, in the amo unt of $429 ,765 . STAFF SOURCES: Allan fl . ~::••• ~iM-..,.;,o, ... K;eth Lookwood. DMs;o, 12 . General D1scuss1on ~ a. Mayor's Choice . l tJ.fti J.)~( lJ ,€Ii)µ b . Counc1IMembers 'Cl~1cf' (f}~ ~ ~~~ rv.. n~~ :;u~~~ 1 ~ve Sess ion to discuss personnel m atters and co mpensation of t~ ~• /~i};ou~;rrnw~1ty Ma nager . ~ 13. City Manager's Rep ort. \ { ~ - a . Cindere lla C ity Statu s Report. 14 . City Att o rney 's Report . '-~-~ ~ -, ud~ ) '· Adjournment. ffij t./ {]5:Y. ~ tJf! 7-{J /O/ //: A r h~ng m1nu s were transmi tted to City Counc il between 05/16/97 -05/29197: /I • Englewood Clean . Green and Proud Comm1ss1on meeting of Apnl 8 . 1897 Englewood W at er and Sewer Board mee t ing of Apnl 8 . 1997 Engle wood Election Comm1ss1on mee tin g of April 28 . 1997 Please note : If you have a d isability and need a uxiliary a ids or services. please notify the City of Englewood (762-2405 ) at least 48 hours in adva nce of when services a re needed. Tha nk you. . . .. • • • • June 16, 1997 ENGLEWOOD CITY COUNCIL Regular Meeting • I