HomeMy WebLinkAbout1996-11-04 (Regular) Meeting AgendaORDINANCE
RESOLUTION
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NOVEMBER 4, 1996
REGULAR CITY CO CIL MEETING
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AGENDA FOR THE
REGULAR MEETING OF
( THE ENGLEWOOD CITY COUNCIL
NOVEMBER 4, 1996
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7:30 P.M.
1. Call to order. 7: !ll ~
2. Invocation. /,()~
3 . Pledge of Alleg~,__ ~
4. Roll Call. f/ ~
5. Minutes.
~ft,-()-/ a. Min.~es from the Regular City Council Meeting of October 21, 1996. ~Jhl,J/ -rrtwnm : Nfli41AJsJ · · ---~7
( 6. Scheduled Visitors. (Please limit your presentation to ten minutes.I
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a. A representativ om Hamilton and Faatz, Attorneys at Law, will be present to
ookridge Shopping Center Planned Unit Development (egenda
I iv).
Non-Scheduled Visitors. (Please limit your presentation to five minutes.I
"'-· ,HJ~ ~AjHtJt.Z. !IJ:~
Communications, Proclamations, and Appointments.
:o--A.d'J. . a Public Hearing. 7, (-() ~ ~ i~~ .
a. A public ~~~~~~largereta,.
b. A public hearing to gather citizen input on Home Day c .. ~~ ~~~=~~
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0ty Council Agenda
November4,1996
Paae2
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Recommendation from the Department of Financial Services to adopt a
bill for an ordinance extending the moratorium on miscellaneous licensing
until April 10, 1997. STAFF SOURCE: Frank Gryglewicz, Dlrac:tar of
Flnancial~.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance adding a new chapter (Going Out of Business) to the
Englewood Municipal Code, and removing the license from the
moratorium. STAFF SOURCE:,,_ Glrglewlcz, Dlrac:tar of Rnaldall
s.r.ica.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance adding a new chapter (Auctioneers) to the Englewood
Municipal Code, and removing the license from the moratorium. STAFF
SOURCE: Frank GI , ... w1cz. Dnaw of Flnaldall Semces.
Recornmandation from the Department of Financial Services to adopt a
bill for an ordinance adding a new chapter (Christmas Tree Dealers) to the
Englewood Municipal Code, and removing the license from the
moratorium. STAFF SOURCE:,,_ Gryglewlcz, Dnctor of Financial ......
Recommendation from the Depanment of Financial Services to adopt a
bill for an ordinance adding a new chapter (Police and Detective Services)
to the Englewood Municipal Code, and r9ffl0ving the license from the
moratorium. STAFF IOUIICE: ,,_ Glrglewlcz. Dlrac:tar of FllwlCiall
Services.
Recommendation from the Library to adopt a resolution approving the
Food for Fines program for 19N. STAFF SOURCE: H-* Long, Dlrac:tar
of Library.
_b. Approve on Sec~ ~'J·tr1 /I) 6-/ ~J... . i ti Ofl" ?t._ J L ~I .({™Ying~ the Wut~-;'er~~ssion
(/ J,Q.-:lf"~ Agreement.
ii. Council Bill 57, approving a Joint Funding Agreement with the U.S.
Geological Survey for the Gaging Station at Union Avenue and South
Platte River .
Council Bill 58, approving an agreement with Urban Drainage and Flood
Control District for drainageway improvements to West Harv•d Gulch.
Plwe naa: N ,-hne a......,_, ...i..a.y ............. Mlly .. Clly., I af I .. (712-MIS)II ..... ._.. .................. _ ............ ,...
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/)1J_ 1-51 iv. Council Bill 59, approving an agreement with the Urban Drainage and
Flood Control District for • study to determine flood reduction
recommendations.
((!.l#/6tJor,,: (!/)(UJtlL-lltl!Mi>ei!._ (!.t.,ff'() t..l!Pr t/11!. /Jf!!!E.1"/~/~ ~e. Jr~ /~
11. Ordinanca, RNolutions, and Motions.
a. Approve on Fnt Reading.
i. Recommendation from the Department of Financial ServicN to adopt bills
for ordlnancea approving the 1997 11,dgat for the City of Englewood.
STAFF IOUIICE: Fm*.,,......_ DINcMr of ..... a1a1 ........
{!J,,fr,~~-{)11 A bil for an ordinance adopting the 199711,dgat. ~
{!,1:,1: '~I A bill for an ordinance apprapriating funds for Fi8CIII v .. 1997. ~
A • JiJ ii. Recommendation from the Department of Financial Servicea to approve a
(_ o,r fl'J.. ~ 1,-l) bill for an ordinance Ntabliahillll the 1998 MIi ~ for Collection in -,r-1997. STAFFIOUIICE:Fm*Clry ... •le&...._ofFll•lclalS.,.._..~
/1 _ llLJ I iii. Recommendation from the Department of Financial Services to approve•
~7 I~ 1-1\ resolution approving • supplemental appropriation of Capital Proiecta Fund r, ,.-V ,...-ya to fund the Internet Acc:eu Proiect in the Library.=-~ I J&J M IOUIICE:,... .., ....................... 11 ... , y--.-;vi/
/J b ~ iv. Recommendation from the Office of Neighborhood and ...... COl"'t,o. I ~ 10 adapt • 1111 for ., ordll•ice approving • Planned Unit ~ 5-.\~elopment for llroolaidge Shoppii. ea.. and 1D ... pubic hearing
?'Al,f,.~.J!!' ... ___ 2, •-· IIT-~~~1~~;-n
NIJIIJ5_-/ ~~1 /~LJ-?: "TT(A/rf. l)/46,IIJ v. fnlm Offlaa of and . ~ ~
A• Jl-_/_~ Dev1lap1Mnt to adapt• bil far an ordll•ice appro,,ing • Planned Unit
CC,,,--<P:J Development for the Meridian Apa.aw•• and to NI • pubic hearing on
:IIIMil?.-:f. ... _.\ ... ..-... -2.,-. ... --~
<Ml'l(~-212 .............. ~;;::z::; -.j1; ,
~-:--on ~ . r,..e ~#2-~-~
12. General~
•· Mayor's Choice.
b. Council Members' Choice.
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Clly <:ouncil Apnda
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13. City Manager•, Report,
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The following minutes w .. tranamitted to City Council between 10/18/98-10/31/98:
• Englewood Liquor Licensing Authority meeting of October 2, 1998
• Englewood Planning and Zoning Commi11ion meeting of October 8, 1998
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AGENDA FOR THE
REGULAR MEETING OF
THE ENGLEWOOD CITY COUNCIL
NOVEMBER 4, 1996
7:30P.M.
Call to order. 7: f/l fl"'-'
Invocation. u}~
Pledge of Allegiance. ~
RollCall. f/~
5. Minutes.
f1ht1'/t;-O-/ a. Min_1es from the Regular City Council Meeting of October 21, 1996. ~.DJJ,l,J/ -rrtW,{IIAJ : NJS.61AJs) · ---~~7
6. Scheduled Visitors. (Pleue limit your presentation to ten minutes.I
7 .
8.
9.
a. A representativ Hamilton and Featz, Attorneys et Law, will be pruent to
discuss ookridge Shopping Center Planned Unit Development (agenda
• iv).
Non-Scheduled Visitors. (Pleue limit your presentation to five minutes.)
'(. • AA! IJ NAjHO/..l /ll: ~
Communications, Proclamations, end Appointments.
fr !i.d'J. .. ~ PublicHeering.-,r '-()~~:-~~ .
a. A public ~.Jt~~~~lergerete,.
A public hearing to gather citizen input on Home Dey C•e_~ ,;;~~!:i~~ b.
..... nalr. "you .... ......, wl ..... ...., ............ ....., .. a,.,, ... . .• (7U,W) ..
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City Council Apnu
Nowember 4, 1996 ,.2
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ii.
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iii.
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iv.
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l/Yfft;r
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vi.
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Recommendation from the Department of Financial Services to adopt a
bill for an ordinance extending the moratorium on miscellaneous licensing
until April 10, 1997. STAFF SOURCE: Fr-* Gryglewicz, Dnctor of
Flnanc:lal Services.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance adding a new chapter !Going Out of Businessl to the
Englewood Municipal Code, and removing the license from the
moratorium. STAFF SOURCE: Frank Gryglewlc:z, Dnctor of Financial
Services.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance adding a new chapter IAuctioneersl to the Englewood
Municipal Code, and removing the license from the moratorium. STAFF
SOURCE: Frank Gryglewlcz, Director of FlnalCial S.,..ic:es.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance adding a new chapter !Christmas Tree Dealersl to the
Englewood Municipal Code, and removing the license from the
moratorium . STAFF SOURCE: Frank Gryglewlcz, Dnctor of FinMciel
Services.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance adding a new chapter (Police and Detective Servicesl
to the Englewood Municipal Code, and removing the license from the
moratorium. STAFF SOURCE: Frank Gtn,lewlcz, Dnctor of FinMciel
Services.
Recommendation from the Library to adopt a resolution approving the
Food for Fines program for 1996. STAFF SOURCE: Hank Long, Dnctor
of Library.
~-Approve on Sec~ ~~i'J.(n /() (r / ~J.. i ,/ Offd. ?-;g_ J IL ~1 "1~ving ~ the Wut;w-;;er~~sion
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(/ t(J.~67 Agreement .
ii. Council Bill 57, approving a Joint Funding Agreement with the U .S.
Geological Survey for the Gaging Station at Union Avenue and South
Platte River.
Council Bill 58, approving an agreement with Urban Drainage and Flood
Control District for drainageway Improvements to West Harvwd Gulch .
..... nolr. "you haw • ......, ........ ..a.,y ......... ,._ Mllfr .. City.,.... ... OU-MIi) .. ..................................... ..... ,...
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, City Council Agenu
Nowmber 4, 1996
Pagel
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M J 1l _, / iv. Council Bill 59, approving an agreement with the Urban Drainage end
(/ J.{I... ~ Flood Control District for I study to determine flood reduction
recommendations.
{CLf./!./6tJOre.: &J(Jfit/L-1'11/!hlt,~ C!.L,f/¥ L..t;FT till=-l>?!!r-Tl~/A-8 $rt.£ HAS /~
11. Ordinances, Resolutions, and Motions.
1. Approve on First Reeding .
i. Recommendation from the Department of Financial Services to adopt bills
for ordinances approving the 1997 Budget for the City of Englewood.
STAFF SOURCE: Frank Gryglewlcz, Director of Financial Servtca.
cmrr,6~11
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A bill for en ordinance adopting the 1997 Budget. ~
A bill for en ordinance appraprieting funds for Fiscel Year 1997. ~
/J ii. Recommendation from the Department of Financial Services to approve a
C b!J-?:J. /lE:1lld '-1) bill for en ordinance establishing the 1996 Mill Levy for Collection in ~
1111 -rrr" rp-1997. STAFF SOURCE: Frri Gryglewlcz, Director of Financial Servicfl./"~7
jJ. _ ''fj/ iii. Recommendation from the Department of Financial Services to approve 1
Kl,4fJ4' d,tuu/ 1-!) resolution approving I supplemental appropriation of Capital Projects Fund r I i,--. reserves to fund the Internet Access Project in the Library. ~'/JU,/
SOURCE: Frank Gryglewlcz. Director of FlnMcial SemcN., v~ ti
I) /) JJ. iv. Recommendation from the Office of Neighborhood and Business
v{YP'W) / Development to adopt a bill for an ordinance approving a Planned Unit
tui,;i 5-.\ Develapment for Brookridge Shopping Center and to set a public hearing
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-lKJ'Jri(A)/rGMJJfK.J!n this matter for December 2. 1996. STAFF SOURCE~. Slmpeon,
1WDJ~-I -_~-:V-k~~~~·~'iniS~o 1~411~-?;~
'7f(flr-Y · Ju~A.IUJ~~--Re"l.Jmmendation from t~f,;;~ and Busi s
1111 JJ_J.:: Development to adopt a bill for en ordinance approving a Planned Unit
e,c,:,,--r.p.; Development for the Meridian Apartments and to set I public hearing on :tJIJtilt.::i-/ ;,.. this matter for December 2. 1996. STAFF SOURCE:~-~
• 4l>nA c:!f N~~~~~~.~~c>~-'/-1-/!t,-7-~ 7 r{:,Vl+.Y: ~Ujpprove on ~cond"Reading. ~~~ 0--
12. General Discur
• •• Mayor's Choice .
b . Council Members· Choice.
l'lwe llClle: If you llawt a 6IMllty wl .... _..., ... •---. ,.._..-y .. Clly el E 91 ••• O'U-MIS)II
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City c-il Apnda
N~4,1996
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13. City Manager's Report.
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1.NGU:WOOD CITY COUNCIL
I.NGU:WOOD, ARAPAHOE COUNTY, COLORADO
lteplar Selliaa
Newaller 4, ""
I . Call • 0....
The qu1ar meeting of the Eag1eMIOCI City Couacil-Cllled IOorderby Ma)or Bums at 7 :37 p.m .
2 ........
The ilMJCalioa -pea by Couacil Member Wiggins.
3. P'Wtefll AMe&'uee
The Pled,e of Al1cgiaDcc -led by Mayor Bums.
4 . ....Call
Present :
Ai.mt:
CGunci1 Mcmben Hathaway, Clapp, Wiggins. Habenicht,
Vormittag. Waggoner, Bums
None
A quorum WU present.
Also praent: City Manager Clark
City Attorney Brotzman
Alliltant IO the City Manager Once
City Clerk Ellis
Dinctar Gryglcwic:z, Fiaancial Services
Muqer of~ and 8uliw Del,dopmcat Simpui
Plaluwi& c:-munity Coonluialor Saia
Dinctar Loag. Library Services
(1) COUNCIL MUDUl IL\TBAWAY MOVED, AND IT WAS 51.CONDI.D, 10
Al'l'IIOVI. Tiil. lONUTI.S OF TIR UGULAll MU'l1NG Or OCTOaUl 21, 1"6.
Molioa c:uriod .
Ayes: C-.:il ....._.. Hlllllway, Vormiaaa, Habellic:ht.. Wagoaer,
Clapp.a..
Nays : Noae
Abllaia: c-i1 Member Wigins
6. Sdd•le• V........
(1) A rep, SMiw 6-Hamilloa 111d FIIIZ. AIIOnley II Law, -ldledu1od 10 be
pn:ICllt SO dilCl8 the llnlDkridee ~ Caler PlaMed Ullit ~-•, I I. Mayor Bums llid t11M
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l.a&lewood City C1111acU
Noveaber4, 1996
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City Attorney Bromnan has advised him that they will DOI be speaking at this time, as this issue appears
later on the agenda, at which time Council will be setting a public hearing,
(a) Ann Nabholz, 2990 South Delaware, stated that they feel it is necessary to come before
Council, to let Council know without a doubl. that they support the continuation of the moratorium . She
said they also ask that a rezoning for clay labors be addressed as soon as possible. Ms . Nabholz opined
that tbeac things are ablolutcly ncccaary for us to~ the quality of life that we desire and expect
from our City leaders. She asked that cvcryonc, who came tonight in suppon of extending the
moratorium, llalld. Several members of the audience stood. Ms. Nabholz thanked everyone who came ,
but mosl of all, she said she wanled to thank Council for their consideration of this matter.
There were no communications, proclamations, or appointments.
9. ....Beariq
(a) COUNCIL Ml.MISER HATHAWAY MOVED, AND IT WAS SECONDED, TO
OPEN THE PUBUC IIEAlllNG TO GATHER CfflZEN INPUT ON THE DESIGN
GUIDELINES l"OR LARGE RETAIL ESTULISBMENTS.
Ayes: O>uncil Mclllbcn Hadiaway, Vonnittag. Wiggins. Hlbalicht.
Waggoner. Clapp, Burns
Nays: None
Motion carried and the public hcariag opcaal.
All tellimoay -paa uader CIIIII .
Manager SuDpala advilld 11111 diis pllllllc .... is for Cae I Ol ~. wlldl • • ID die
City of Englewood Cw+a I: 1·w: Z.-..~ ID,__ for-. r... ......... ...._.
andguiddincs . He...._..fordlc....a.....,,.ofPt•r·c11 · ,,,,.._,,,._P-.cttw.g.twlllcll
WU published ia die Ellp'MIOd Herald Ga (laaller 10. 19'6. Mr. S..,... ~ .. --
standards, as they are pt 111 eel -RlqaClled by Cily Cwil ... dlcy --ID ........ ID
provide llaDdanls and guiddiJlcs 10 addrcll qualily de\ ef ap BI Fl of ....... llllallcn • tk CII) of
Englewood. The IIUdanls arc w 10 addlw c:cnaill......,. of de\ 11 ap M:11 • ~
variety, a:alc. pedellriulbicyc --ud \dlicular --He .......... dlcy alao ,_... -of
mitiplioa of IICpln'e illlpKIS. Mr. Suapa,a IIIIMIDd dl8I dae ...._. -...... lier 111c Fon
Collilll ordimlKlc ud arc lialilar ia a1111 aapec:11 . He aid 11111 dae ......,. alao -pn:aealed • a
lbldy lellioll ilea 10 City CGIIIICil ia Aupll. dlcy -........ ID 111c Plwilll Co ire 19
Seplulll II ud -apprvwed ud roe c 1 110 be ...... ID Cwil. TIiey -ll:llolWed bcfoR
Coullcil on Oc1aber 7, 1996 aad are -bcfoR Cwil toaipt.
Council Member Vormittag asked MIii is amlidered larF rdail aaa,e wis. Mr. Simpma llated dull
in acconlanoe with Ibis ordinance it would be any relailer 20,000 ~ l'ec1 or l.,.er in li7.e .
Responding to Mayor Bums. Manager Simpaon cxplaincd thal ii is I linlc smaller than the Fon Collins
provision and that is where IOIIIC of the applicalion of Ibis ordinance bu bclCII tailored 10 fil -of the
needs of the Englewood cxpcriencc. Mr. Simpaoa l1l1ed lhal wbal )'OIi haw I lihlalion. like Fon Collins
or Highlands Ruch. where )'OIi haw -cle\dopmen1 opponuaity. )'OIi haw much -c:lOllllllOII
opportunity to gel out there and gel larFr relailers. Mr . Simpma explained that in Ibis paruculu cue. in
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Ea&lewood City Council
N-ber 4, 1996
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Englewood. where we arc doing much more of an in-fill situation, we wanled to be sure that we get it so
that it applies much more to the kind of development that wc sec here. He said that is where it is coming
from .
Council Member Habenicht stated that one of the major concerns she has heard, from people over time, is
the large sea of parking associated with a lot of the larger retail development. She asked if this addresses
that issue in the same way that the Fort Collins ordinance does and if it differs, how does it differ and how
docs it pertain directly to Englewood. Manager Simpson advised that this docs address the issue of
parking. He DOied that the Fort Collins ordinance suggested that parking be limited to no more than SO%
of a parking lot in front of the primary facade of a structure, a retailer, and the primary abutting street. He
said that this puticular version suggests that no more than 70"-' be permitted between the primary facade
and the primary abutting street and that the remainder of all the parking that is rcquin,d for a site. must be
either to the side or to the rear of a retailer. He DOied that is where the primary change occurred. Mr.
Simpson explained that change occuncd during Planning Commission review, because some of the
Commissioners fdt that in a situation such as Englewood wc want to address it from a standpoint that
citizens here don't want to have it all to the rear or to the side . So, he said. 70"/e seemed to be much more
of a l'CIIOllllble direction in their opinion.
Mayor Burns asked if that has to do with the in-fill issue too, rather than having more space if you arc on
the OUler perimder. Mr. Simpson said not necessarily, that it was meant to much more apply to the tastes
ol this community .
Council Member Habenicht asked, for example, if it would apply to a situation such as the Walgreen store
on Broadway . Manager Simpson advised that he has nol done a direct application. that he could probably
spcadate . Ms. Habenicht nolcd it depends on what you consider their front is. Mr. Simpson
~ tlaal thal is pan of the problem . In thal palticular situation the front of that building does
not face Broadway. tlaal it acblally faces to the side llrOcl and the orientation is different in that palticular
--Mr. Suapma llaled tlaal the parking is killd of in u L shape in that situalion and he said he does
not "-,nere the primary --ol that parking is .. thal site.
Couacil Maaber Hllbeaiclll 111ka1. for the purpolCI ol this ordiaanClc. what would OOllliUtulC rctail . She
said tlley uve lanl -&alt allCllll. for example, a -;e theacr complex. She asked if thal would be
CXllllidercd a retail ealllllishnmt. Manager Si...-,n said if she is thinking about how it might apply to
die proposed Cilldcrdla City Rlllndopmenl. where we do ~ a proposed thealer complex. since a
...,.-ity ol dull pn,jDct is being CXllllidercd u a retail oriclltalion. you would apply tbcae llandanls to that
wliolc pn,jDct. die wliolc lile. He llkcd if thal .--her qualion. Council Member Wiggins advised
Ms . Hlbeniclll that it is on pqe 16 and 17. one is large retail and the other one is retail .
Mayor Burns said tbal he gucacd boc:alllc Cindcldla City will be a PUD that this would be integrated
either in wllole or in pan. clepalding upon how all ofthal ...ts out . He asked ifthal is right. Manager
SimplOII DOied there arc two ways of looking al it. but certainly this is going to autonullically apply . He
directed Council's allealion IO the w:ry fi,. portion wllcn: it 1alks about application. where it says it shall
apply to all -pn,jecU tlaal include a retail dewlopacal of 20,000 lqUUC feel or more u a use by right
or within a pluncd llllit developacnl wilhoul oqual or -llriqenl retail design IIWlards and
guidelines. So what that is saying. he advilCld. is thal wilhoul any design guidelines or llandanls that arc
alrady in place. if Cinderdla City. for example. came in 111111 didn ·1 ~ any guidelines. tbcae would
apply . He DOied, in that panicular illllUl:e. if they--llrict and 11e1 more llringcnt standards than
thele arc suggaling. then the PUD would apply.
Mayor Bums poinred out thal it al111 addraacl tbinp llldl • OUldoor storage. trash collection and loading
areas. MuaFr Simpaon said thal it is comprebcnsive and it is mcut to really apply 10 the entire site.
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1.a&lewood City Cauncil
November,, 1996
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because what we are talking about is the visual environment that these kinds of cstablishmems create and
this is a means by which to really raise the quality . He opined that it really does help begin to achieve
that.
Council Member Habenicht asked if an automobile dealership is consideml a retail establishment.
Manager Simpson said no, not for the purposes here.
Council Member Hathaway said she has a question on page 10, about the guidelines for entrances . She
adviaed that she had a QUCllion raised by a couple of members of the Chamber of Commerce about the
guideline that says larlC retail buildings should feature multiple CIIIJ'anCel. She said the comments that
were directed to her where rdlecting the differcaca between a K-Man for example that has multiple
check41t1 all in oae location that funnel people to ooc location and then in and out one door, versus a
Sears Dqmtmcat store that has registers in individual deplnJnents. She said the suggestion that was
given to her WM to look at pulling in there.. as much as pollible. that larlC retail buildings should feature
multiple entrances. Manager Simpson asked if they want that as a guideline. Ms. Hathaway asked if this
is only just as a guideline . Manager Simpson advised that this is strictly a guideline, that the standards
are mandatory for new retail establishments, 20,000 square feel or bigger. He said the guidelines are only
suggestions and to be used as guidance only . In raponsc to Council Member Hathaway. Mr. Simpson
confirmed that the llandards that appear down below are the requirements. Ms. Hathaway said that there
is a possibility that this would apply down in there too. though. where you have a principal building
directly facing more than two abutting public strccts. For example, she said. if you had one that faced
both Elati and Hampden they would be required under this to have two separate entrances. Manager
Simpson said that yes, it is requiring that. Ms. Hathaway advised that they wanted him to. if at all
possible, look at that . She acknowledged that it will be dependent. obviously. on what is filed with the
PUD. what kind of stores we're talking about and where they are going to be laid out. But. if we have that
in there u a 5laDdard. they just wanted some review of it. because it may not be possible for that particular
store in their normal architecture to do it that way. Manager Simpson said that is understandable and
there an: going to be instances where that happens. So, Council Member Hathaway asked, what would be
the proc:eduR . Managcr SimplOII rd'erred to page one where it talks about the fact that the Planning and
.loning C-illion is empoweqd to pul excep(ions to the mandatory s&andards under the following
ciraelllllanccs, I) where the ltric:t applic:alion of that ltaDdanl would result in peculiar and exceptional
practjc:aI clifflaalties or Ulldue banllbip upon the owner. and he said it goes on . It talks about alternative
lite plaDDiJla that .,. the clclip abjectiYCI, that -.Id he equal or bel1er or where either of the
foregoing. the cx<lqlliw, might he puled without •-alltial detriment. In other words. he said. the
Planning and .loning Commission may have an opponunity to review this and make some suggestions to
-of tbole, if there ClOUld be shown to he ._ wley that should be going that way . He pointed out
there an: mcdlads. that c:cnainly when you are dcalueg with clclip. clclign is always in the eye of the
beholder and wbcnever you swt IICUing forth madaloly design Slandards it raises a lot of questions .
Wleat leappem wbell you get an exccplional clclip ud it doesn't 111ce1 this. how do you make that apply?
He llaled there an: ways to do that here .
Council Member Habcnicbt asked wbal happens in a situalion. for example. like with the Trolley Square
de\dopment when we brought that oae forward. if it had been dew:loped under thelc guidelines. She
aated a c:cnain amount rA the pasting would have to he lldlind. or whal have you, and some of that would
pn,llably fit into the propoeod retail devdopmcnl that would be going on that northeasl corner. But to date
it has been two years. a year and a half. and there is still no development there. but that would have fit
into that becaule of where the pasting would he situated. So. she asked. what happens in a situation such
u that where 70% of the puking all of a sudden tums into the situation where 80% or goe;. of the puking
is right there up front. Ms. Habenicht asked how this addreacs that . She said she gucued she is
conccmed about that 70% figure and would like to w lbal perleapl reduced to a lower percentage .
Mana,cr Simpaoo said that whal he ClOUld mggaa is that lhelc llalldanls apply 10 all redevelopment
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N-ller4, 1996
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projects as a guideline only and so, in a particular situation such as Trolley Square, we would be
suggesting that you consider these, lhe archilect might want to suggest looking at these, sec how they
might apply . But, be nolCd, they oenainly would not be a mandaloly dim:tion . So in that panicular
instance they may or may not cboole to do that . He advised that there arc olher ways to deal with UQS
such as that, that thele may not be rally applicable to. He said that is the best way to answer that .
Then, Council Member Habcnicbl asked, whal is the purpollC of this. Manager Simpson said that this
addrcsaes new developmeaU primarily . Ms. Habenicht staled she understands that, that she is just saying
if that wen: a new devclopmcnl bow would that be dealt with. Manager Simpson said okay, if that were a
brand new dewlopment. where you had King Soopers going in, you would have to abide by these . Ms .
Habenicbt said wbal she is sugmting is, say they would have abided by them based on that part of lhe
~ establisbmmt going in there wbicb bas not been built, how would lhe community be protected from
llOIDdhiDg DOI happening. Manager Simpma noted that what Ms. Habenicht is suggesting also is, in that
panicular cw, there -a plallDed de-dopmeac al the lime that -in place. Ms. Habenicht explained
tbal she -jusl using this as an example. Mr. SimplOll said be understood that, that be is saying that in
thole panicular illllanCel where you baYe a modification, to what would have hopefully been an overall
site plan that had to be in place. thal had IO follow tllclC guidelines, if they came back and were
aigcsting anc cbaqcs. thole would baYe IO either aJmply or there arc mdbods by which to address
that too . Ms. Habenicbt said sllc is IUIF'ling thal in this panicular cw if that would have happened,
there would baYe been no cbanFS, there jull would not baYe been a development. So, she asked. what
would happen there, do we have any protcctioa. Manager Simp11111 conunenlCd that he must not be
undentaading. Council Member Habcnicbl said wbal she is saying is docs the pn:tcnd 70%. lhe 70-/o is.
in a situation like that, gone for putting in front and part al lhal is because part of their development is
going to be taking up a c:omer and part of the putting is going to be behind that c:orner. but they never do
develop t.bal ClOfflCI', IO it turns out that 90% al lbeir putting is in front. So, she asked. what prevents that
from happening with this. Manager Simp11111 said nothing . Ms. Habenicht Slated that is why she is
c:oacemed about the 70% figun:. Mr. Simpma noted tbal it is very difficult to fortie development. you
baYe a plan in place and planning City pvwtb is always incremental and evolutional. He staled it is
always on-going and you caa't fonle an end IOlution. He noted you can, but that he was aliaid you would
IICYCI' Fl anyt,ody who will live with it and they will IO away. Mr. SilllplOn said that he , for one, would
IICYCI' come folwud and say tbal he would guaruaee that a project will happen, because they will never
Fl people who will say t.bal . So, be sugrsCcd, thal if you want to have that guarantee you arc either
going to have to Mile it into a devclopmenl .,._a. as part of the project's development plan. which is
rcalOllllble, bul apin. be said. be felt that per-. would IO away. or you live with the possibility that it
may or may DOI develop . Then, Ml. Habcnicbl said. this is primarily a guideline. Manager Simp11111 said
no, thal it is lblolllldy mudalory. He said Ms. Habenicbt is providing a scenario lhal sugesll that as
you plan it, the plan requires that 70% of the pllkiag be alloMd 10 be in front, and wbal sllc is lllgClling
then in t.bal pm1iallar CIIIC where you baYe a project thal may aol be fully ~ OUl yet. wbal lllppens
10 preYCIII that from IICYCI' ,oing ink> place. The -. be said. is nothing. Bui. be poilllcd out. you
allo baYe a place OIi thal plan thal will polCalially be~ uncday too . The R:\'Clle, be IIOIOl1. is
allo tnae .
Mayor Bums QOfflmealcd that tllclC guiddiael an: alMoully enfon::able and the Planning Cnmmiuion
UICI ill power to pant exccpCiolll. Manaier 5unpaln llrcad thal they IR not jull guidelines. be said he
walllcd to Rally be sun: Council undenluds dial. TIiey arc. be cxplaiacd, llaDdards. they will be
mandalory . ThcR an: poniolll of this that -guidelines. but tbeR -mandalory portions. Mayor Burns
said be UICld the wnNII word, thal the ...... an: ially wlull he is talking about .
Mayor Bums lllkrr1 if tberc -anyone else who wisbcd to speak. No C111C came forwanl.
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Eqlewood City Council
N-ber 4, 1996
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COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CWSE THE
PUBLIC BEARING.
Ayes : Council Members Halhaway, Vonni11ag, Wiggins, Habenicht,
Waggoner, Clapp, Bums
Nays: None
Motion carried and the public hearing closed.
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Mayor Bums ranindcd everyone that when Council has a public hearing on a measure, they do not vote
on it on the same night, that they vote on it al the next meeting. He explained that is just a standard
Council bas adopted so they don't rush into voting on something.
(b) COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO
OPEN TIIE PUBLIC HEARING TO GA TIIER cmZEN INPUT ON HOME DA y CARE
ZONING.
Ayes : Council Members Hathaway , Vonnittag, Wiggins. Habenicht.
Waggoner, Clapp. Bums
Nays: None
Motion carried and the public hearing opened .
All testimony WIS pen under oath.
Planning Community Coordinator Stitt submitted for the record, Proof of Publication of Notice of this
Public Hearing, which WIS published in the Englewood Herald on October IO, 1996 . He explained that
this public hearing is to oonsider some amendments to the Comprehensive Z.Oning Ordinance that address
home daycare. He said that, for the sake of the audience. he would go through a little bit of the history of
how this came to be presented before you tonight. He noted that earlier this year there was enforcement
action taken apinst a daycare operator in the R-1-A :zone District. Mr. Stitt pointed out that brought to
light the fact that lhere are ICVCral home daycare operations in the R-1-A :zone District . Currently, the
way the R-1-A Zone Dillric:t is set up, home occupations are prohibited. He reiterated that no type of
home occupation is allowed in the R-1-A Zone District . 1be individual involved in that enforcement
action came before Coullcil and raiuatm some rdief' and requested that Council consider amending the
l.oning Ordinance to provide for that type of home occupation in the R-1-A . Mr. Stitt advised that mailer
WIS refemd to the Planning Commission and the Planning Comrniuion held a series of meetings to gain
inpul and PffPIRd a ftlCOIIIIIIClld through a set of proposals for aJIISideration tonight . Currently . he
nolcd. there are l1IO pans to this proposal . 1be finl pan is the allowance of daycare as a home occupation
in the R-1 ·A ud the ICClOlld pbase of the amendmcnl is ID allow some chaages ID the definitions of home
daycare in all the odler residential l.OIIC districts. Jllll by way of explaulion. he said. currenlly in the R-
1-B. R-1<. R-2 . R-2<. R-3 and the R-4 residential zone diSlricts. llomc daycare is pcrmincd as a home
oa:upllioD wl II liailcd ID oae ID four children . 1...arJe daycare lrm an penaincd in cenain zone
districts wllicll provide care for me 10 hldve children . Currendy. tllolc types offaalmes thal serve
~ me ad lweh'e childlm are classified IS 1111111 child care ~ ill our -.ag onliaaacc So . he
said. K llaYe dllycale liloas. nic:11 provide care for ..._ oae ud low cllildn:a. ud small cluld care
CICIIICrl. ftidl provide care for.._ me aad twelve childn:n. He IMiMaieat tllal -_.
amflllilll .-S.. ... IMioD ...... llaYe a diff'erml nomeacllllft. So. lie lllled. DIii' ordinance
is an ..._.. IO brilla -ddillilioM of home daycare in line with SC. I~ pnctiQes IS well IS
provide lloac dllycale in tlle R-1-A Zone District . He said he wiU talk llloul tlle R-1-8 ud odler 1.011C
district •iAMioM lira. ud tllea lie wiU talk about the R-1-A. Mr . Slia explaaeat tllal w11M II being
pnlpCIICd. in all bul tlle R-1-A 1.oae District. is a change in the tan,.. of tlle replalioM t11a1 would
cban,c from a daycare ~ ID whM the Saale clusifies u a family child care home . whicll is basically
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Eaakwood City Couacil
N-ber 4, 1996
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the same as a daycare home, it is just a change in nomenclature. Also, he said, they arc adding a
provision for infant and toddler homes, which is a category of daycare that was not in the Stale regulations
at the lime when we, in the City of Englewood. adopted daycare standards about ten years ago. He
advised that what we are proposing is that. as a hotne occupation in the R-1-B. R-1-C. R-2. R-2-C. R-3
and R-4, you are allowed to have a family child care home or an infant toddJcr home. And. he staled. the
standards for that would allow for less than 24 hour care for two or more children up to a maximum of
six, with additional care for two childlaa befOR or after school. In addition to that, he noted, they arc
changing the name of the 1111111 child care center, which COIUIOleS something more than a home operation,
to whll the Stale claslifiel • a luF child care home. He advised. that basically is just changing the
name, the regulllliolls my pretty much the same. Again, he noted, the definition of a large child care
home is a child care facility that provides care for IIMII to twelve children. So the maximum number of
children remains the same, they are just changing the name to rcflcct the fact that this is the type of
activity that is going on in the home and IIOl a centcr or mOR of a ClOIIUIICrCial type of an operation. Mr.
Stitt said that the other pan of the amendmenls are to address the situation of daycare in the R-1-A Zone
District. He advised that there has been presentations before Council concerning the number of home
daycare providers in the R-1-A Zone District and. in order to allow that. the ordinance has 10 be amended
to allow for a specific type of home oa:upation in the R-1-A . He stated that in order 10 allow for that the
Planning Commission is recommeoding that only family child care homes and infant toddler homes be
permitted as a conditional use in the R-1-A Zone District. Mr. Slin offered that the difference between a
home CICCUpllion as a permitted use in the othcr zone districts and a conditional use in the R-1-A Zone
Dillrict, is that in the R-1-B and all othcr residential zone districts it is essentially a use by right . There is
a ICI of criteria by which the home oa:upllion is regulated. but beyond applying for a home occupation
licenle and having the site inspeclCd by a code enforcement officer there arc no other regulations. As a
conditional UIIC in the R-1-A Zone District this would require a public hearing before the Planning
Commission to ~ any potential impacts that use may have on the neighborhood. Mr. Still said that.
just by way of clarificalion, he would like to say that if Council does adopt this SCI of regulations.
including the conditional use provision for daycare in the R-1-A, ail existing daycare providers in the R-1-
A would have to seek conditional UIC approval to remain in operation. He asked if Council had any
questions.
Mayor Bums asllcd where the procell for Cllllditional U1C -located . Mr. Still explained that the
conditional U1C provisions are in anodler ilCICtion m the 1.oning Onlinaooe, that there is an application and
applicllion fee that aoed to be lllbmiaed IO the Office cl Nelgllborhood and Business Development . He
added that the llaff then IChedules a p!lblic bearing before Ille Planning Commission and the decision on
the conditional UIC is made by the Planning c-;-ioa, it is IIOl referred on to City Council.
Council Member Hathaway lllkcd City Anonlcy ~ if 1111:re is any possibility to have this. and have
the ones that are currently IKlCllsed and cu Pf1M that dley are~ licensed in R-1-A. be
grandradlcred in and make the conditional UIC .., Ullo effect after die fi .. m the year . She questioned
wbdher thcre -any way to do that. City Anonlcy ~ c:lm'ificld lier qualion and noted that
llt1Ually there are not suppollld to be any there CUlfflllly. Ms. Hllllnay agreed that was true. but she
poillled out -m them do have Colonclo I~ ud dley c:aa 1111M 11 . Cicy Attorney Brotzman asked
ifwbal she is wanting is to have the ODCI, that are there aanady. rqislcr without going through the
cunent process . Ms . Halhaway said that is right Mr. Brotzman DOied that is not the way this is
dcsiped. but that they can do languqc to design it dial way if she wuu. Council Member Hathaway
asked if that would -that. as fl the n .. fl the year. dley would llill have 10 go through the
conditional 111e process . She explained that she would like to fOl'CIO the conditional use permit process for
tholC that are currently licensed. can prove that they are currently liccnaed or can prove that they have
been liccnaed for a number of years at that address in the R-1-A Zone . City Attorney Brotzman stated
dley can draw up language that would let that happen. that it would be a registralion process rather than
the conditional use process . However, he poinled out, wllea you do that you are permitting uses without
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N-ber4, 1996 ....
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the public hearing that has been designed for the a,ndilional use. He IIOled you are somewhat cutting olJ
the public proc::,css or letting the neighbors oommcnt. Council Member Hathaway said she just wanted to
know if there is a way to construct that., after we get the public testimony, because there has been some
oommcnts on both sides or this and there might be an clJcctive compromise by allowing that to happen .
Mayor Burns asked if that would be as or the lime when they imposed the moratorium or has anyone set
up since . Council Member Hathaway asked when the moratorium ends. City Attorney Brotzman advised
you can either do that when the moralllrium bcpn, which it would be a lot easier to use when the
moralOrium began ralber than cum:ntly. Ms. Halhaway SlalCd that they could establish a lime frame for
this puticular process .
Council Member lflbcnicllt asked if by allowing something to happen by conditional use , docs that
transfer with ownership of the prupcny, or once lbere is a c:ondilional use on a piece of property for a
particular kind of thing. ay in the R·l·A z.onc. could aomeonc 1ell their house and somebody else come
in on that conditional use .
Mr. Stitt explained that typically a,nditional UICI are only for that specific use and that specific resident or
owner/operator . He adviscd that it is not lille a variance that runs with the property .
Council Member Hathaway asked about the rqillnltion, as she said obviously it would not follow either if
it changed hands . City Attorney Brotzman advised that that is right. He said they would draft that the
samcway .
Council Member Waggoner asked how the Stale can rqiSlcr or approve anything that is against the local
zoning ordinances. City Attorney Brotzman advised that they simply don't check with us. Mr. Waggoner
questioned how they can approve ii if they don 'I. Mr. Brotzman said they shouldn ·1. Mr. Waggoner said
then any daycare facility that is in a R-1-A l.onc, C\'CII though it might have been licensed by the State, is
essentially illcgal. City Attorney Brotzman said that is right.
Mayor Burns asked if anyone had any idea how many daycare providers there are in R-1 ·A. Council
Member Hathaway noted that she undentood -of the testimony may list the current list as one of the
people with the Child Care AIIOCiation wu going to Uy to get a list. from the County and the State. of all
the ones 1h11 are cunaitly in liccascd in Englewood. Mayor Burns asked if we know how long they have
been liccascd. Ms. Hathaway advised that tells that too. Mayor Burns wondered if there were any
guidelines, if you .a-e not liccascd • long • one ,ar or two years or DRCtbing. that you would have to
apply b coadilioaal UIC. He poialed OUI 1h11 -may havc beell licemed lor two mondls when they
put up die IIIOl'IIIOl'Hm aad -clll: has beell lllerc for tea years . J ... bccaulc they havc I liclcnlc is
1h11 caoap . C.omcil Malller Vonniaag said he -.Id 111Y it should he lille the pip, if they had a pig,
tllcy IIJl it. C.omciJ Mcalla' Hadlftay said )'CS. that al the time the moralOrium WU put OR, bccaulc of
die faa 11111 tllclc people llill llad IO ID thnJugb the procell lO Fl 11111 liccnle . Mr. Vormittag said if they
arc tllere, and tllcy c:aa ..-,c it. tllcy sllould Ft it. Ms . Hallaaway INlled 11111 they had to go through the
pn,cell lO Fl tbll liccls and 11111 n,quircs certain rmcw, prdllbly -IO tllcn WC would have done
anyway.
Cbarlclla Ru)tlal, 5001 South Galapqo Street. said she really dacsn't undalland this zoning thing. that
she has a ICVCR month old that mcam the world to her. Ms. Ru)tlal llalcd thal it goes I linlc deeper than
the zoning. Sbc said her babysitter is Sbcllcy and she lakes really good tan: of her kids, that she WU not
going to pay outlandish prices to put him in Kindcrcarc, when she can .. Y good money where he gets
good can:, instead of sining in a playpen all day crying and not ,etling good can:. She opined 1h11 the
daycare in the home is better for her bccaUIC she knows he is being taken can: ol. there arc nae • many
children there, he FIS one on one and the TV is not on. Ms . Ruybal llaled 1h11 boob arc rad to them.
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Ea&lewood City C•IICil
N-ber4, 1996
Pqe9
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there is inlaactioo with otbcr kids and they arc learning things. She asked that Council please zone it.
She advised that she Ii-on the same block and it is mon: CC>m'Cllient for her. that she is a single mom
and it isjUSl beUer for her that way .
Jackie Howard, I 0725 West Ontario Place. Littleton. swecl she just IIIOYed to Linlelon about six months
ago, before that she llwd in Aurora. She advilCd that she traveled from Aurora, pllSl her job, no her
daycare which is localed close 10 Federal and Belleview, then she drove back to wort . Ms . Howard
explained that the -she did that is because good claycaR is extremely hard to find. She said she
lived a block and a half away from Kinderc:arc, that she cbcdled that out and all the other daycares out
and C\'CII privale claycaRs in Aurora. Ms . Howard IWCd they were terrible, just terrible and that she was
looking ll quitting her job before she ,r;oulcl cnuust her child to somebody who didn't care about her. She
said she finally interviewed Gen Franklin, who is a daycare provider and she is cxcdlent. She noted she
is the 111DC perDI clay after clay and she knows exactly what she wants for her child. Ms . Howard
aimmenred that she is ve,ecarian and that is no prablem ll all . Her daycare provider. she said. feeds her
cxactly what she wants her to feed her and there arc no questions at all. She swecl that she is just great.
she is the same pc,-clay after clay, she is nunuring and loving. Ms. Howard noted that when you have
no .wt you want that kind of thing for your child. She said when you ba\'C somebody Ms . Franklin 's age,
that she knows there is 1111( supposed to be age discrimination. but if Ms. Franklin was forced to go out of
business, she ,r;oulcl be looking ll wdfarc or some kind of public prognm like that. So. Ms . Howard said.
doling clown things that arc viable busincac:s. bringing money illlO the City al Eaglewood. just seems
like I bad~ cboicc.
Vera Montez. 2925 South Elali Strm, commented that this clocsn 't pertain to her because she Ii-in
light illllullrial and wwld a-a thal she could do whalc\,a llbc WIIIIS. ~. she said. she docs not
plan to liw thcrc folwer. dial it is paiJII to be a rundown area'*-tlleR IR a lot al realals and she
is lootiq for 8 -.... She said 11111 8 -..... --Ille ca't lffont I Sl00.000 boulC. but lhe
bona Ille can afford are homes in R·l·A. dlll Ille lias. Ms. Maalez OD9'F a d thcrc arc a lot al homes
in Eaglcwood. bus • is kind "'picky and sbc likes IZl1aill areas. for tile pub. for the kids safety. lhe
llice a.-, biger ..,.__ She said yes in is aelf'«MII& 11111 Ille is llere for thal -· E-though
they .....,.._.. lhe providers in -. wllicll Ille is b -,.way. it is ISill no way for her no buy a house
and to~ to do tacr ......_ SIie llllid Ille Im dalle ..._ ilr Fina on ni-=-n years. bas a lot
of cralalsials, w pnsidem al Colando Aaoc:illioe for Family Cllild Care for four years and is lnill very
acni\'C in Eaglcwood and die IW'Cillioos So. Ille llllflll. tile way tile ~Ill will be rad. or is now . she
cannon buy a house in than area. tlleR is no way . ElpDcially if tile Zlllllillg paaes die way in is. The-.
she said, is l.Olliq number one ud llllllber hiO. if sbc docs filld a i.. she rally likes 1WCr theR. what
is sbc Fina to do. Say llere is --,,. 11111d it -11 salt wiSla 7.olliDg. IIIISil I ,es all sbele nhinp
dolle. She opiaed thal is 11111 fmlllle. dial ii 11111 a dlOice . Ms. Mlacz ISlled Ille -.Id lillc to -die
-'Ill, • is is in LitSldoll. nae in is allay SD do in. SIie llllid ,-salllod abous lhe large daycare homes.
that yes thcrc are pn,blbly-or S1iO in~-Howncr. Ille advilcd. lhe majority a/ta-. do 11111
W8IIS SD do a large daycare lloac. tliey don "a __, -SD lweM dlildren. The people Illas luM: ISancd
cloiD& larF daycare is_.. sllcir ....... Im beell laid alf or llaYC IOls their jabs ad nhal is one way al
paiaa aa imxNK . So. Ille aid. Ille CMIICII -wllere pnlpCl1y values llave IDIIC down in the lall sea
years. than llley llave IDIIC up . SIie poiDsed OU: Illas ea.cil did 11111 -kNw IIICir were cighs,oen
providers in R·l·A IIIISil lllmCilod)' F' in erauble . Ms. Mlacz said wllas Ille is 11U111 Caucil is to
plcaae rcvilis than ad malic in a little aicr for them SD lllly a differelll lloae in Enpcwood. SIie said she
doeaa ·1 _. no lcne EaaJewood, bus Ille docs 11111 ..., SD liw wllere Ille is an eitlier. Illas rentals juls are
11111 FOIi-She tllanud COUIICil for litScning SD tliem ud lior die acw deftailions in all the other -·
She said that is rally FOIi -
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Eapwood City Council
N-bcr4, 1996
Pase 10
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Evdyn Vaughn, 3300 South Washington Street, advised that she has lwo grandchildren and both oflhem
have been taken care ofby Aunl Gen. She said she feels safe, she is wonderful and she asked tha1 Council
not lake it away from her. Ms. Vaughn said they love her.
Sue Fitzsimons, 2763 South Osceola Way , Denver, advised that she bas a fifteen month old baby girl thal
she bad in another daycare before she took her to Aunt Gen . She said that now that she is with Aunl Gen
she loves it there, she gct.s kisses. Ms. Fitzsimons stated that when she is at work she docsn ' t worry ,
which to her is worth cvciy dime she pays her.
Rhonda Fnnldin, l 093 5 North Chatfield Drive, Littleton, said she is present to speak on behalf of Gen
Fnnldin, that she is her mother-in-law and bas been for twenty one years . She noted that as they can sec ,
from the people who got up and spoke about her, that she is terrific. Ms. Fnnldin said that if they are
talking about bringing property values down she thinks that is wrong. Because, she pointed out. the
standard that the State sets for these homes is high, fences, the inside or homes . She noted they have 10
maintain a certain standard for the State in order to operate. If anything. she opined. ii would bring up
the value in the neighborhood, not bring it down . Ms. Fnnldin said thal if you are lalking aboul qualily
of life for children, what better quality could you get than somebody or her caliber thal loves the children.
they get a lot of one on one pcrsonaliud care, they are not stuck in a playpen all day . She noted as they
said they get a lot of kisses and hugs. a lot of stories read to them and she though! a parenl should have a
right to choose not to take their child to Kindcrcarc or LaPctite. So. she said. if you are 1alking aboul
standards and values, then she felt they better lake another look at ii and change the roning to allow for
these private homes.
Jacqic Gee. 6281 South Cedar Street. Littleton, said she wanted to reiterate how imporlanl she feels in
home daycare is, not only the quality bul allO the consistency the children get. both in their provider on a
day to day lmis, but allO with the chilcbal dial they arc together with. As opposed to a lot or daycare
centers, there is a lot or turllOYCr bada with the cllildn:n and the providers. She said she also has some
qucstiolls and CX111CC1m about die pn,cea or cllallgiag the mning. the whole conditional use . 10 her. is still
kiad orvaauc and fuzzy, and s11e did .. fCld it bas bcca vciy wdl defined . Ms. Gee COIDIIICIIICld that they
talbd about whether it -.Id be tnllllfenblc £rum laideace to raidcacc. But. Ille asked. bow is that
10iJ11 to~ if die boUle acxt door ldls to a da)'aue pn,vidcr. once they get the licellle. once they get
the conditioaal 111e is it FOCI for all lime or is it just pod on a year to year basis. how docs that work . She
aacd if thal is defined . City Aaoncy Brolzmaa llid conditional UICI arc for all 7.0ning districts and
there is a ICC or criteria that you baYC to meet . Ms. Gee aacd if it is renewed yearly . Mr . Brotzman said
no , thal runs with that ~ in dial boUle . He explained that means if that house is doing daycare that is
wileR die conditional UIC ll)CS to, it docs not go to tbe neighbors hoUles it ll)CS 10 that boUle . Ms . 0cc
llid Ille kmM'I that. bul isn ·1 it so lhc Migbboftlood cu talk about it or is ii just to serve notice to tbe
aeigbboftlood . City Aaonley Brolzmaa l&lled dial it is to do -than serve notice. that is one or the
dcmcats. that the l'lanllillg and l.oaing board bas a ICC or criteria that they have to meet in granting any
conditional UIC. He llid dial means dial it stays with dial prupcl1y after it has been granted with that
~ dial mcaas if-acipbcn-ia it is llllt clulllpd. Ms . Gee DOied dial it seems that the way
this whole thing -brougbt up -dial there --bidlcring ~ neighbors and if that was lhc
case in this lituatioa would tbe daycare licmle not be paated ._ or dial situalioa that this neighbor
hated it or Ille aacd bow dial -.Id ~-City Attonley ~ llid not ncceaarily bccaU1C they hate
ii. Ms. Gee llid she docs bale the neighbor. Mr . Brocz.man advised dial Planning and l.oniag alway s
takes into IICCIOUllt wbal lhc neighbors fed about a putic:ular iaae dial is coming as a conditional use . bul
in indullrial -ClCl1ain lypcl or._ are conditional ._ and they are -11y a heavier use than what is
cumatly there . He llid one or the llaDdards they will look at, always, at daycare and i1 is one or the listed
standanls for COllditiODal -. is lnlfflc ud llow dial will impact the acigllborbood . So. Mr. Brouman
advi..s. dial if you havc a -dial is muc11 heavier ill lnlfflc orientalioa dial is -or the things that
Planning and Zoain& is always IDilll to kdl at. dial is -of the i-dial they would look at for
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Eal,lewood City Caulldl
N-ber ,, 1996
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daycare as well . Ms. Gee opined that that process needs to be defined. that she still doesn 't understand it
very well. She said she wanlcd to reiterate that in home daycare is very imponant and she urged Council
to change the zoning.
Shelley Gibson, 5020 South Galapago Street, submitted one more letter for the record . She noted a lot has
been said over and over, that she is a liamscd daycare provider, she is in the R-1-A District and has been
operating her daycare for over eight years. Ms. Gibson Slated, and she noted she said this last year at this
time, that it never dawned on her that there would be any zoning problems. She said she didn't check into
it either. Anyway, she said. she wanted to continue to urge Council to allow licensed daycares to operate
out of homes loaded in this District. Ms. Gibson advised that she has provided care for many residents in
this District, and for teachers that wort al Clayton Elementary, which is in the District also. She opined
that quality in home daycare should be readily available to people who live and wort in the District, as it
is in any other ara in Englewood. She Slated there is a large need for those children who attend Clayton
Elemenlaly for before and after school care. Ms. Gibson commented Ibey have I daycare program al the
school, but that it is DOI nearly large enough to aa:ommodate for all the children who need care after
school . Therd'OIC, she stated, home daycare that is close enough to the school. is in large demand and it
is really nccdcd . She said this could be said for Charles Hay Elementary as well . She said she also
wanted to stress that if Ibey do not allow licensed home daycares to operate in R-1-A it will create great
hardships for the childml and families that are in their care . She noted that in their business. as Council
has heard, Ibey form bonds with their children and the families who trust them with their children
evesyday. She said that is why it is called family child care. Ms. Gibson maintained that you cannot find
that family IIDIOlphue in a large daycare facility . She advised that she has brought RIOSI of her daycare
p111CD1S with her tonight and Ibey have altesled to this with their letters and by speaking to Council this
evening. She said she hopes Council can see the importance of having in home daycares. including those
in the R-1-A District. Ms. Gibson asked that Council consider that al this time there are probably about
100 childml in the care of licalscd pn,viders in the R-1-A District. She said. as she is the referral person
for the Arapahoe County Daycare AIIOCialion, she"-for a fact that there are DOI 100 openings in the
whole City of Englewood to place these childml if this does DOI go through . These children have to go
someplace she said. and if you don't allow licensed daycare Council will be encouraging unlicensed
daycare, which is another problem which is very unsafe and not monitored at all . Ms . Gibson swcd that
her pelleSl hope would he that home daycare would be allowcd to operale equally throughout Englewood,
whedler Ibey are in the district or not. She opined that daycare pn,viders such as herself should be able to
add to their QOIIIIIIWlity by providing licensed daycare with the support of their community .
Ma,y Paxson, 6421 South Steele Street. Littlelon. Slated that she has thn:ie basic issues with what is going
OD today with the daycare and the zoning laws . Fn of all, she said. it would be the ICCllling affect of
double jeopardy which the conditional UIC zoning laws ICCfflS to be pulling these daycare pn,viders into.
And, she DOied, the economic impact OD the community,• well• the City's illlCrfcrmce with her right
to cS-bow her childml are raised. Ms. Paxson poinled OUI dull the NSic premile of our criminal
justia: syslcm is that we do DOI put criminals into I double jeopardy situation. which is in effect what a
conditional use clause would do. Nol only are these people n,quired to be licensed by the Stale of
Colorado, but Ibey will also be required to be appnwcd by the Englewood City Planning c:ommiUcc.
Conditional use is one thing, she said. but when she requeslOd demopaphics from the City ·s economic
development depanment she thought euentiaJ service beacr fit the definition for what these people arc
providing to the City of Englewood . She Slated there are CMr 17,000 children within a three mile radius
of the City of Englewood. over 50% of the hollldiolds wen. Ibey have two people working and probabl y
70% of thole households arc defined by HUD • low to ...-..C illCOIIIC houses. The economic impact
OD these people to enroll these children in I alllllllClcial daycare would be devalaaling. Ms. Paxson Slated
that she has I ICVCII month old and a five year old ud it would aJII her Sl200 a month to put her kids in
1 CIOIIIIDCICiaJ daycare. She noted that is more than her -,,.,e paymeal. car payment and her
household expenses put together. Ms. Paxson pointed out 11111 is I lol of money and she is DOI oonsideml
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Ea&lewood City CCNlacll
N-ber 4, 1996
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low to modcralc income. She said the third thing is her right to chose how her children arc raised. She
staled that like a lo( of the parents here, she interviewed numerous in home daycare providers, went to
four or me of the major daycare providers. daycare centers in the City and was tocally distressed at what
she found there. She said she found infants in cribs, ten infants in a room with two people, toddlers in the
room as an O\'Crflow, half of those kids were in their cribs screaming. Ms . Paxson stated she did no1 want
her cbilclren in that environment. She said that her son has been in this daycare home since he was eight
months old, that they lived in the City of Englewood at the lime she found her daycare provider. Ms .
Paxson noled that he calls her grandma. he goes every Monday morning and says "gosh Grandma I love
you and I mi-i you ." She said her seven month old holds out her anns everyday to her and smiles and
she cried today when l took her back. Ms . Paxson stated that she is not in a position that she works
because she wants to, that she works because she has to. She commented that ii doesn 't matter which way
she slices and dicles the budget at her house she is always S600 short if they don't have her income . She
said she c:annoc earn S600 a month on part-time wqcs. Ms. Paxson maintained that she needs to have
good quality care IO that she can raise responsible childRII. who will in tum be in charge of Council in
the ~. She said that her children will be silting in their spot in another JO years. She stated that
Council owes it to them to give them the bcsl daycare available and she opined that in home care provides
us with that .
Peter Edstrom, 6424 South Williams StRel. Linlclon, said he is an executive consultant to small business.
He said he came down in 111ppOn of his friend, but in listening 10 the hearing tonight he found it quite
interating. He commented he would have to say that he does kind of agree with Mr. Waggoner's
position, as he thinks that the approach to the daycare situation, with not going through proper roning
and all of tbat, is an issue. However, he said he deals with a loc of small businesses and they arc always
the product of a niche or a lack of IOCicly . He staled that he has a small son allO and he agreed that the
big daycaR facililics do lack a lol of the inlimacy that we all like to give our kids, grandkids or whatever.
Mr. Edllrom ltaled lhal wlw be is here for is basically to support looking at the R-1-A roning to help
these people do their job, because there is a need for ii. Whether it is financial . emotional or whatever. he
mainlaincd there is a serious lack in the aJIIIIDUDity for raising our kids. that is the way it is . He said he
It-. IOIIIC people problbly would say tbal it buns their propcny values. but he said he does not believe
it is a IIIOIICtary issue. He stalcd thal. jull like Mary says. these are our kids and we have to provide for
them. Mr. Edllrom stated that he thinks with pnldcn& penuncnt and everything that wc can come to a
good resolve . He said whether you grandf'alhcr in. or whether you do a proper conditional use that is
correct, common sense, not too much pcrnmcnt in it. make sure it is controlled and people in the
neighborhoods arc procccted . He felt that was a good approach. but basically , seriously consider rezoning
these areas to this definite need that wc have in our IOCicly.
Vickie Mohr, 675 South York Strcet, Denver, advi..t that she is the principal ofCherrelyn Elementary
School at 4500 South Lincoln Stred. She said she lppRCialal the opportunity to talk . She stated she is
bringing three pmpcclivcs that she would like Council to review or ref1cd on as they make their decision
with the ~ pn,poal. She said thal the fint penpeClivc she would like to share is her pmpcclivc as
principal in Ibis particular City. Ms . Mohr a,mlllCllled thal C\'CII though she is the principal at Chcndyn,
her colleagues the Olher principals in Ibis City. aftcn share wl bclwn the fad that they have a difficult
lime helping pueala arraqc daycaR for their cllildrai. Ms . Mollr opincd tbal it is a crilical iS1UC. it is
not going to go away and she said she sees it FIUDI even mon: crilical as the years go by . There are
children who need DIOR care and there are mon: children who need IIIOle care . The Olher pcnpect.ive. she
advi9IIII. is as an employer. as she illlervicws pcnpect.ivc tachcn she finds tbal one of the crilical
quc:stioas they have for her is what about daycare provisions for my own children as I come as an
employee in this particular City. She llatcd it is difficult to answer thoR qUCllions when she It-. that
there aren't enough daycare situations for the teachers who come here with their children. The third
pcnpect.ivc she said she wanted to share is that she too is a parall, that she too acxieaes daycare in this
particular City for my own children with Shelley Giblon. who offers fine. loving. wonderful in home day
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Eapwood City Council
NOftlDber 4, 1996
Pa&etl
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care for her children. Ms. Mohr asked that Council consider lhcsc three perspectives as they go ahead and
make a 1110YC on this partiadar proposal . She stated it is a critical component of our future for the
children that we deal with. She said she speaks with her whole heart in suppon of whatever Council can
do to provide !DIR~-
Joan Smallwood, 4737 South Fox, Slaled that she is a licensed~ provider, that she has been licensed
by the Slate ol Colorado for 17 years, although she has been raiding in Englewood now for just about a
year and a half. She said, as Council is well aware. she came to this City, purchased a home here and was
IIC\'Cr informed that R·l·A had the fCllrictions that it had. She advised that. having spoken with rcaltors
that have homes for sale in the area, she dilllXl\'Cl"Cd that this is not an uncommon thing to have happen.
That you can come into this City, you can come into an R-1-A zoned area and the rcaltors arc very cager
to sell you a houlc and will be very clcvcr at not dilCloling how fCllrictive this zoning is. She opined that
as a cili7.cn you arc really IOlally out on your own. you canno( rely upon your rcaltor to give you this
information. She said it is kind ol scary, to say the very least. Ms . Smallwood SlatCd that her biggest
c:ooc:mi is what will happen if the zoning should go as it presently is, because to ban the cxiSlcncC of child
daycare homes or to create conditions that could hinder their existence is going to encourage the growth of
unlicensed homes. She SlatCd it is very hard to believe that the residents of Englewood don't care about
the quality of care that is availablc for them to chose from . Which is exactly what the proposed
amcodmcnt will do, she said. She opined that it will create requirements that. if not successfully
a,mp1ctcd. will force daycare either underground or into unlicensed daycare. She pointed out that
prohibiting child care is not going to make it go away. it is still going to ellist . Ms. Smallwood noted that
it is a sad but true fact that people do violate laws to run businesses and if they can do so under cover and
without notice of the City they will do so . At least, she said. when you arc State licensed wc appear on a
list. our names arc there, ccnainly the City can find us and they can shut us clown . Unlike a lot of home
baled busincaes that you can't do that with. She said she would really hate to see daycare go
underground and unlicxmed in the City. Ms. Smallwoocl noted that unlicensed daycare has a reputation
for being owcrcrowdcd and certainly unsafe. She said she would also hate to sec her choice of a career and
an occupDlioa be COlllnllled by perbapl the opinion of her neighbors. She noted that she thinks she has
pod neigbbors and they all mppon her~ busi-. bul she docs not know everybody who lives
within 300 feet of her home, lbc poinled out they arc talking blocks away . She maintained that if they
have had a bad~ cxperienlle or for whatever reason. she did not know if they should have a right to
tell her whit she can do for a living as long as what she docs is lepl, is State licensed. approved and
IOOOilORd by the Slate on a continuous basis. Approllimatcly one-fourth of the residential area in
Englewood is currently zoned this way, all of the Clayton Elementary is zoned R-1-A . She said she has a
strong CXlllCICf1I for the children there, closing clown the licensed daycare could increase the number of
latcbllcy children . She statcd that. as wc all well know. children ICIII home with keys without people to
aupcrvilC Jbcrn bccaulC there arco 't any claycarcs in the area or the other altcmalivc is for pucnts to chose
and support unlioealed ~-Ms. Smallwood noted that members of Council have indicalcd they feel
that the prupcny values may dccreuc if tbcre arc ~ homes in the area . She said she knows that her
home bml 't deaalod in the yea, and half thal she has been there and that it is her undcnlanding that
DIOll homcs in the City of Eoglcwoocl have inaaaed in value, pn,blbly aJlltinuously. over the last fifteen
ycan siooc we had our lall. oaybc, clcpralioa. In the pun:IIMing ud Idling of homes, she SlalCld. she
has never had a rcaltor ever inquire of her wbat docs her neighbor do ror a living when pricing the value
of her home . Children. she cmphasu.cd. arc without a doubt one or our lllllll precious blessings and
protecting them is the responsibility or everybody in this community. Licensed daycare, she opined . meets
the need of the parcnU to have liccmed care in a safe envilOIIIIICIII for their children.
Gcncvievc Franklin. 30l4 Waa Radcliff" Drive, statcd that she has been a daycare provider ror over thiny
ycan • tlle -place. thal Ille has Dever had pniblems with traffic:. prupcny or anyone . She said they
do do it to IUIVive ud to pul Cllllditiolll OD them is really dilcrimiDlling apillll them . Ms . Franklin
noted thal Sbclley ud Joan aid jull lboul cvcrythiq thal she ~ have said, C,cc:epl that she wanted to
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£aalewood City Caucil
N-"er4,1996 ..•. ,
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thank all of her people that came to support her. She said that she hoped the Mayor and City Council
would lellOlllider and lcl the mning 90 without any conditions that would keep them from doing it.
BeclUlc. she said, she is DOI sure what neighbors would do either, even though she has never had any
trouble widl any neighbors. Ms . Franklin llalCd she docs know that we do need the daycare and they do
love the childml and having them in their homes.
Linda Moiqomcry, 7479 South Depew Street, Littleton. oommcnted that she could say everything that
cw:i')tlody here bu said, they could hundreds more people here tonight to back them up. But. she said. as
she Ill there lillming it dawned oo her that she did daycare al 3056 West Radcliff' Drive and she
cballenpd Council to look this up . Wbicb, she advised, is right next door to her mom who has done
daycue for lhiny years. Ms . Mootgomery advised that she did it for eight years, the person that owned
the home before her did it for ten years. so that is al least 18 years of combined, amt.inuous daycare . She
llalCd lhal when she sold her house it sold for at least $10,000 more than any other home bad sold for in
the area. She chaHenpd c.ouncil to look thole records up, bccaule. she opined, they do DOI deprec:iale
homes, they appn,cille them and increase their value . She llked who would bring their children to homes
that arc run down and arc filthy . She llalCd it doesn't happen and these people wouldn 't be here if that
was the cue. So, she said, she cballenpd Council to look those rcc:onls up of daycare homes that have
sold. She said she thinks hers was llill the highest one in lhll area which has sold. but that was in the last
twoyean.
Michael Baird. 7217 South Sherman Street, poiDICd out that ii is very obvious bow important home can: is
to ew,yone here and lhal is why they arc all here. He said he would guess that the thing that he found
inlcrclting lhll the 1.llllling prublcm came up and the gentleman has Slated bow can they get a State license
if it is DOI allowed ia lhal ~ dillrict. He pointed out that while 7.0ning is important. some things an:
much mon: imponanl. He DOied the mon: imponant things tomelimes go without notice. because it docs
outweigh a lol of other things. He said that is just a simple observation .
Wendy Smallwood. 6296 South Marion Way, Lilllclon, said dial a a product of a single parent home
when she was growing up she went to a child care CClllel' and then she went to a home daycare center .
where she Fl much mon: care ud baler care in. She llaled lhal she waits oo lhll woman when she
worts every -ud lbea ud she is a waadcrful -· Ms. S.Uwood DOied lhll her mother-in-law
also takes care of her dauglller ud 11 .-... * acreamed all lbe lime . She said she would DOI want
anybody in a regular daycare cmcr lakills care of lier, .-* ~ they would have Id her scream .
She advised lhll her mother-ill-law did DOI do DOI aad * would DOI lake her daughter anywhere else. but
IO a home daycare.
Angie Metzler. 10935 North Chadidd Dmc. LiUJaoa. llaled lhal her graadmo(her docs in home daycare
ud she is vcry jealous of all lbe diildlen lhal pl IO ID lbele, becaule she is IOo full to lake her son right
-· She said she ~ she gives excdlenl care aad if you an: lalking aboul lbe dr:pRJcialion of the
value o( the homes. * poialed OUI lhal she hM an lllMlal llomes in this area. oo her llreCI and blocks
IMI)' 6-her houle, lhal an: ID u.lacd lhal if uytbilla lllalc an: lbe 011C1 lhal an: depRcialing the
value, bnlllen down can. yanll lhal arc DOI llkca care of dill an: jull completely trashed. Ms . Metzler
commented lhal if anything she apends lier weebDdl WOftill& 1111 lier yard. so her yard looks great and her
cbildla an: well llkcD care m.
c.ouncil Manber Halbaway asked lhll all of the lcllffl l1ICCMd by Council and the City Clerk regarding
this ~ be elllcred inlo lbe public l'CIClORt . Ms. Ha&haway poinled OUI lhal 10111C arc pro and IOIIIC an: con .
IClcdt '1 DOie : Leacn fnJm Jackie Howard. Carlyle and Eva Ei1C11bcra. Ma,y E. Paxson. Kim and Val
Willldm, Mn. Franklin. Jacqie Gee. Frank C . and Etbelya H. MiMr, Ma,y LyM Baird, Eileea and Jeff
Henlly 111d a lcacr lipc,d by Richard D. and for Bct1y Ann DillCIIIOR were enlenld into the rcconl .l
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Ea&lffood City CouacU
N-ber4,1996
PacelS
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COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO CLOSE THE
PUBUC IIEAlllNG REGARDING THE DAYCARE IN R·l·A.
Ayes : Council Members Hathaway, Vonniuag, Wiggins, Habenicht.
Waggoner, Clapp, Burns
Nays : None
Molion carried and the public bearing d«-1.
Mayor Bums advised lhll. u be mcatioocd earlier, Council will vocc on this mancr at the next regular
Council IIIClding, November 18, 1996. He thanked ew:,yonc for coming and Slaled that Council
apprecialcd their intaest in this subjecl .
10. c-tA&a1da
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I) THROUGH (Yi) ON nRST READING.
(a) Approve OD First Reading
(i) COUNCll.. BILL NO . 61, INTRODUCED BY COUNCIL MEMBER
HATIIAWAY
A Bll..L FOR AN ORDINANCE EXTENDING 1llE TEMPORARY SUSPENSION OR MORATORIUM
ON CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR AN ADDITIONAL PERIOD OF FOUR
M0Jlm{S.
(ii) COUNCll.. Bll..L NO . 69, INTRODUCED BY COUNCIL MEMBER
HATIIAWAY
A Bll..L FOR AN ORDINANCE REPEALING Tl11.E 5, CHAPTER 12, SECTION 3. OF 1llE
ENGLEWOOD MUNICIPAL CODE 1985 PERT AIN1NG TO GOING OUT OF BUSINESS AND
DAMAGED GOODS SALES AND RE-ENACTING A NEW CHAPTER 17 .
(iii) COUNCll.. Bll..L NO. 66. INTRODUCED BY COUNCIL MEMBER
HATIIAWAY
A Bll..L FOR AN ORDINANCE REPEALING Tl11.E 5, CHAPTER 12, SECTION IA. OF 1llE
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUCTIONEER LICENSES AND
ENACTING A NEW CHAP'JB 18, AUCTIONEER AND WIIICH REMOVES AUCTIONEER FROM
ORDINANCE NO . 25, SERIES OF 1996 wtUCH PERTAINS TO 1llE MORATORIUM OF LICENSES
IN 11IE CITY OF ENGLEWOOD, COLORADO.
(iv) COUNCll.. BILL NO . 67, INTRODUCED BY COUNCll.. MEMBER
HATIIAWAY
A Bll..L FOR AN ORDINANCE REPEALING Tl11.E 5, CHAPTER 12, SECTION 1 A. OF 1llE
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO CHIUS1MAS TREE DEALERS
LICENSES AND ENACTING A NEW CHAYmR 12. CHRIS1MAS TREE DEALERS .
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Ea&lewood City Council
N-ber4,1996 ..•. ,
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(v) COUNClL BILL NO. 68 , INTRODUCED BY COUNCIL MEMBER
HAnlAWAY
A BILL FOR AN ORDINANCE REPEALING Tl11.E S, CHAPTER 12, SECTION 18, OF THE
ENGLEWOOD ~CIPAL CODE 1985 PERTAINING TO POLICE AND DETECTIVE SERVICES
(PRIVATE FIRMS) UCENSES AND ENACTING A NEW CHAPTER 22, ENTl11.ED POLICE AND
DETECTIVE SERVICES (PRIVATE FIRMS) AND WHICH REMOVES POLICE AND DETECTIVE
SERVICES (PRIVATE FIRMS) FROM ORDINANCE NO. 2S, SERIES OF 1996 WHICH PERTAINS
TO TIIE MORATORIUM OF LICENSES IN 11fE CITY OF ENGLEWOOD, COLORADO.
(vi) RESOLlJTION NO. 90, SERIES OF 1996
A RESOLlJTION AUTHORIZING 11fE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT THE
ANNUAL "FOOD FOR FINES" PROGRAM FROM NOVEMBER 12 , 1996 lllROUGH DECEMBER
20, 1996.
Molioa carried.
Ayes: C-ouncil Members Hathaway, Vormittag, Wiggins, Habcnichl,
Waggoner, Clapp, Burns
Nays: None
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (II) (I) THROUGH (iv) ON SECOND READING.
(b) AppnM on Second Reading
(i) ORDINANCE NO. SI, SERIES OF 1996 (COUNCIL BILL NO . S6.
INTRODUCED BY COUNClL MEMBER HATHAWAY)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
SOU'Jll ARAPAHOE SANITATION DISTRICT. SOU'JHGATE SANITATION DISTRICT . THE
BOARD OF COUNTY COMMISSIONERS OF 11fE COUNTY OF ARAPAHOE. WASTE
MANAGEME!(J' OF COLORADO, INC ., AND 11fE CITY OF ENGLEWOOD, COLORADO
AMENDING TIIE CURRENT WASTEWATER TllANSMISSION AGREEMENT .
(ii) ORDINANCE NO. S2, SERIES OF 1996 (COUNCIL BILL NO . S7 ,
INTRODUCED BY COUNCIL MEMBER HATHAWAY)
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE
U.S. GEOLOGICAL SURVEY. UNITED STATES DEPARlMENT OF THE INTERIOR AND THE
CITY OF ENGLEWOOD, COLORADO ENTlll.ED U.S. DEPARlMENT OF THE INTERIOR U.S.
GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES
INVESTIGATIONS.
(iii) ORDINANCE NO . SJ, SERIES OF 1996 (COUNCIL BILL NO . S8 ,
INTRODUCED BY COUNCIL MEMBER HATHAWAY)
AN ORDINANCE AUTHORIZING AN ll'lraROOVERNMENT AL AGREEMENT BETWEEN THE
URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND THE CITY OF ENGLEWOOD,
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Eqlewood City Couacil
N-ber 4, 1996
Pap17
COLORADO ENTITLED INTERAGENCY AGREEMENT CONCERNING DRAINAGEW A Y
IMPROVEMENTS ON WEST HARVARD GULCH IN TIIE CITY OF ENGLEWOOD, ARAPAHOE
COUNTY, AGREEMENT 96.011.09 .
(iv) ORDINANCE NO . S4, SERIES OF 1996 (COUNCIL BILL NO . S9,
INTRODUCED BY COUNCIL MEMBER HA1HA WAY)
AN ORDINANCE AUTHORIZING AN INIERGOVERNMENTAL AGREEMENT BETWEEN TIIE
URBAN DRAINAGE AND FLOOD CON'lllOL DIS11UCT AND TIIE CITY OF ENGLEWOOD.
COLORADO ENTITLED AGREEMENT REGARDING RJNDINO OF CITY OF ENGLEWOOD
CITY-WIDE OlTIFALL SYSTEMS PLANNING, ARAPAHOE COUNTY· AGREEMENT 96-08 .06 .
Ayes: c.ouncil Members Hathaway. Vormittag, Wiggins, Habenicht.
Waggoner, Clapp, Bums
Nays : None
Motion carried .
11 . o..._,au1l1tillltaMeC1oas
(a) ApproYC on Fi~ Reading
(i) Direc:ior Gryglewicz presenaed a l'CllOIIUIIClldon from the Department of
Financial Services to adopt bills for ordilllDCCI appn,ving the 1997 Budget for the City of Englewood. He
advised that on July 22, 1996 Council reviewed the Five Year Capital Plan, the Operating Budget was
reviewed at the September 21 , 1996 Budget Rcueat, a public bearing was held on the Propelled Budget on
September 16, 1996 and again on October 21, 1996 Council reviewed the Budget at study session . Mr.
Gryglewicz lltatcd tbat lhcy have before them both the Budget and the appropriating ordi11111CCS and staff
asks for appn,val OIi 6,-reading.
Council Member Hadlaway 8lbd if it balanca and if we aR in the black. Director Gryglewicz said yes
WCaR.
(I) TIie Clerk was 8lbd to read Council Bill No. 63 by title:
COUNCIL BllJ.. NO. 63 , INTRODUCED BY COUNCIL MEMBER HA114AWAY
A BILL FOR AN ORDINANCE ADOPTING TIIE BUDGET OF TIIE CITY OF ENGLEWOOD.
COLORADO, FOR TIIE FISCAL YEAR 1997.
COUNCIL MEMaEa HATHAWAY MOYD, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) {I) (1) • COUNCIL aUL NO. 61.
Motion carried.
Aya: c-il Melllben Hldlaway. Vormiuag, Wiggins. Habenicht
Wagoner, Burm
Nays : None
Ablcnl : Council Member Clapp
Mayor Burns explained that Council Member Clapp bas left for the evening as she wasn't feeling well .
He llaled she -jUII for lllc CIIIUIICil IIIOClina. she IOld him sbe WUlled to be here capccially for the
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home day CIR dillCUllioo. Mayor Bums lllid that Ibey thank her for, in effect. getting out of the sick bed
to come here for tbat. and IO sbc bu been CXCUled.
(2) 111c Clerk -llked to rad Council Bill No . 64 by title:
<X>UNC1L BILL NO. 64, IN11tODUCED BY COUNCU.. MEMBER HA111A WAY
A BD.l. FOR AN ORDINANCE APPROPRIATING MONIES FOR ALL MUNICIPAL PURPOSES IN
11IE CITY OF ENGLEWOOD, COLORADO, IN 11IE FISCAL YEAR BEGINNING JANUARY I,
1997, AND ENDING DECEMBER 31, 1997, CONS'ffllJTING WHAT IS TERMED 11IE ANNUAL
APPROPRIATION BD.l. FOR 11IE FISCAL YEAR 1997.
COUNCIL MDDEll HATHAWAY MOVED, AND rr WAS SECONDED, TO Al'PIIOVE
AGENDA ITEM II (a) (I) (2) -COUNCIL IIIU. NO. 6t..
A,-: Couacil Memllal Hllllaway, Vormiaag. Wigias. Habenichl.
w....-.eur.
Nays: .._
Ableal: Couacil Member Clapp
(ii) A 10 dstioa fiam die Dlpall.-afF~ 5emca 10 IP(IIIWC a biU
for u onliaaacc elllblitlriaa die 1996 Mill Levy tar CGllec:1ioa ia 1997 was CDMidenld.
111c City Cleak was llibd to rad Couacil Bill No. 62 by title :
COUNCIL BD.l. NO. 62, INTRODUCED BY COUNCll.. MEMBER HA111AWAY
A BD.l. FOR AN ORDINANCE FIXING 11tE TAX LEVY IN MILLS UPON EACH DOLLAR OF 11tE
ASSESSED VAWATION OF ALL TAXABLE PROPERTY Wl11DN 11tE CITY OF ENGLEWOOD,
COLORADO, AND ESTABLISHING A MllJ. LEVY FOR 11tE ENGLEWOOD DOWNTOWN
DEVELOPMEHI' AtmtORITY.
COUNCIL MDmD BATBAWAY IIOVD. AND rrwAS RCONND, TO Al'l'llOVE
AGENDA ITDI II (a) (II) -COUNCIL aDL NO. 61
...,_.._ ..... ifdle .....,fllro..al ,_. Opmliclll. • die c...:iI Ca car-oa
8-:ill illpaa. dlinl Hae,.._ die ..... ii QWNCl. DiW' O.,pwicz ............ il ....
read ii .... die Sl .5 aillioa ii wllll we ....... Ill oalllCl (all afa, !IIICI... elc.).
Nays:
Allleal:
CCllaacil Meaallel'IHllllaaay. v....., w..-.11 t ·etc w..-.... .._
Couacil Member Clapp
(Iii) A l'O'lllfflfflCPClll!oa rn.. die D.. I 2 afflaacial 5emca 10 IP(IIIWC a
....... lllllftMlll 8 Pffl PJI IIIP'CIPlileioa afCapisll ..... ,-INIIIIWI IO lillll die IW
Acma Pnljla ia die Lilnry W CI · • ed.
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£aalewood City CoucU
N-ller4, 1996 .•. ,
RESOLUTION NO. 91, SERIES OF 1996
A RESOLUTION AMENDING nm APPROVED 1996 BUDGET AND APPROPRIATING MONIES
FOR nm CITY OF ENGLEWOOD, COLORADO .
COUNCO. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA REM 11 <•> (W) -RESOLUTION NO. 91, SERIES or 1"6.
Council Member Halhaway asbd. if we were able to llealR a grant for this next year, it would offset this
l*1icular cxpcnditwe. Director Long aid yes. Ms. Halhaway aid she amamed we would tJy again. Mr.
Long commented that we can always tJy apin.
Motion carried .
Ayes :
Nays:
Absent:
Council Members Halhaway, Vonnittag. Wiggins. Habenicht,
Waggoner, Bums
None
Council Member Clapp
(iv) A n,mmnnNWion m,m the Office of Neighborhood and Businca
Dew:q a ml to adopt a bill for an onlillMce appn,viJlg a Planned Unit De\elopma11 for 8n,otridge
Sllappillg Cea1er and IO Id a pllblic lleariag OIi dlil ..aer tar December 2, 1996 -IXllllideled.
The City Clerk -llllled to iad Couacil Bill No. 60 by 1ille:
COUNCIL BW.. NO. 60, INTRODUCED BY COUNCIL MEMBER HAlllA WAY
A BllJ. FOR AN ORDINANCE APPROVING TIIE REZ.ONING OF TIIE BROOKRIDGE SHOPPING
CENl'ER LOCATED ON TIIE SOlmlEAST CORNER OF BELLEVIEW AND SOl1lll BROADWAY
IN TIIE 5100 BLOCK, CURREN'Jl. Y ZONED 8-2, BUSINESS DISTRICT TO A PLANNED UNIT
DEVELOPMENT.
COUNCIL IIIDISER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA rrEM 11 <•> (1¥) -COUNCO. aw. NO. a
c-:il Mcllllbcr w...-, apilled dial dlil jlll1 dDa aa1 -1*c the ript thing to do to a shopping
ccacr . He 11811111 dial lie llal ,...._ widl it. Ma,-a.. aa1ed dial ii bis privilege, tbal this is r. .. .....
Ayes :
Nay :
Ablcal:
eou.:il Mcallen Halllnay, Vonnittag. Wiggins. Habcaicht. Bums
ec-ai Mcllllbcr w...-
eou.:il Mcllllbcr Clapp
COUNCIL MDRU HATHAWAY MOVED. AND ff WAS S&CONDED, TO SET A PlJaUC
IRAalNG ON COUNCB. aDL NO. 69 ,oa DICUINR J. .,,. AT 7:JI P.M.
Ayes: ec-al ....._. Hadllway, Vonailtal, Wigjal. Ha11e11ic11t. Bums
Nay : Couacil Mcllllbcr w...-,
Ableal: eo-:il Mcllllbcr Clapp
Motion carried.
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E•&lewood City Couacil
N-ber 4, 1996
Paa,e20
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(v) A recommendation from the Office of Neighborhood and Business
Development to adopt a bill for an ordinance approving a Planned Unit Development for the Meridian
Apartments and to set a public bearing on this matter for December 2 , 1996 was considered.
The City Clerk was asked to read Council Bill No . 6S by title:
COUNCIL Bill. NO. 6S, INTitODUCED BY COUNCIL MEMBER HATHAWAY
A Bill. FOR AN ORDINANCE APPROVING 1llE REWNING OF 1llE ENGLEWOOD MERIDIAN
PROPERTY LOCA11!D AT 3455 SOlTl1I CORONA STREET, CURREN"Jl. Y ZONED IN 1llE R-3
DISTRICT, TO A PLANNED UNIT DEVELOPMENT.
COUNCO. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Y) • COUNCO. BILL NO. 65.
Ayes : Council Mcmbcn Hathaway . Vorrnittag, Wiggins, Habenicht. Bums
Nay : Council Member Waggoner
Ablcnt : Council Member Clapp
Motion carried.
COUNCD. MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO SET A PUBLIC
BEARING ON COUNCD. BILL NO. 65 FOR DECEMBER 2, 1996 AT 7:30 P.M.
Ayes : Council Mcmbcn Hathaway, Vonnittag. Wiggins, Habenicht. Bums
Nay : Council Member Waggoner
Absent : Council Member Clapp
Motion carried.
(b) Approve on Second Reading
There were no additional items submitted for approval on ICICODd reading. (Sec Agenda Item IO -Consent
Agenda.)
12 . Geaeral ......_
(a) Mayor's Cbaicc
I . Mayor Bumi urpd ~ IO VOie ill f'nor al Ille bolld ~ IO fiaaace the Water Trcalmenl
Pia iillp,o. e e ts whic:11 ~ rcadcl' them a G. 0 . Boad ud save CXJlllidenblc money in illlelal
pay1IICIIII on 11111 -· He said be hoped the public has a pod Wlderaanding al thal when they VOie.
Council Member Wiggins commcnled thal he wished the folks 11111 were bcrc carticr could have beard
dlis.
2. Mayor Bums nolCd this is the first CIOUDcil meeting they have had since they had their cclcbration
with Amy Van Dykcn. He said they all had a pa& time and thal ~ was a nice spread on it in the
Englewood Hcnld. He commcnled tbal they were all very sony thal the parade had to be canceled. but
they bad a wondcrflll time with Ma. Van Dykcn. lhe was a wondcrflll pal. He mentioned thal a lot al
piclwa were taken. au&opaphl given, and the kids tbal came goc a big kick out of it. Mayor Bums Slated
they were very gratd'ul to Ma . Van Dykcn to come clown and join with us in that cclcbration He said they
gave her the key to the City and a lot of Olbcr gifts.
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Eaalewood City Couacil
N-lter4, 1996
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3 . Mayor Burns poiatcd out that the Englewood High School PinleS have won their league
championship this year for the lint time since 1956. On behalf or Council he congratulated them and
noccd that perhaps they would Wlllt to have some special recognition with them when their season
concludes.
4 . Mayor Bums mentioned that the boy's soccer team has concluded their season, but that they wen:
in the playofl's also.
5 . Mayor Bums acknowledged the nice letters the City n:ceivcd from Sheridan regarding the Clay
Stred overlay that we did to improve that facility CM:r lhcn:. He said lhcn: wen: a IOI of compliments
about the quality or the wen and Public Worts pcrDllld who worked on that He congratulated them for
that..
(b) Council Member's Cloioc
(i) Council Member Vormiuag. IXIIIIIIICllling on the towers down by Belleview and
Broadway, said that he thought ma)'llc Council could loalt ink> passing an ordinance and DOI allow them
anymore. He ukcd City Manaaer Clan. to cllect into ii. He opined lhal they an: swting to get unsigblly
and ma)'llc the City could pul a bcighl rauic:tioD on them.
(ii) Council Member Wiggins llaled that he notillcd the ventilation system was non
fianctioaal this ~-He oom........, lhal our janitorial service seems to be unaware that we have
council meetings on Mondays and they shut the whole thing off. He said if they just move the air in this
place it would help, that be -real C01iccrned about the coffee machine back then:. he just wished he
would wen on the vcnlilalion sys1em.
13 . City Muaaer'a Report
(a) City Manager Clark DOied that Council received his bi-weekly rcpon in their packet
regarding Cmderdla City. He advised we an: still wailing for a PUD applicalion submittal to the City and
we know that the Miller-Kitchell people an: looking at that. He stated then: is DOI much new n:ganling
tenant recruitment. that we do have a grocer that is still iatcn:slcd in the site. although we have indicated .
thal then: doan't ICClll tobe a lot orinlcrat. OIi the pu1 or the City, to-that type or activity then: with
rqard to how it fits with the omall theme that we an: trying lo achieve. Mr. Clark advised that progress
is slill being made with RID with rqard to the illlerpenUDellla agRCIIICIII . He staled that Direcwr
Ellcrly is hopeful that we cu get lhal wrapped up by Ille In or Daalller. Mr . Clark DOied then: is DOI
much aew with n:pn1 to the me -SelbelKRA vco • to the -111.
Mayor Burns advised Qiuncil that be bad lundl widt Skip Miller ... MCt. al bis l"ClqllClt. and they -·
--or the same things c.ouaciJ llas beell diea!Miag with him in recca1 Executive Sessions . He said
then: -aadling particularly new. that be felt Mr. Miller jull walllCd to talk . Mayor Bums llaled be is
awaiting his submittal. just like evayone dse. and DOied that is whm the real wen will begin. so be -
hopeful be could get that in without too much mon: delay.
(b) City Manager Clark advised that he received a lcller back in October from Jim Rees .
who is the Praiclenl or the Englewood Small Businea Dc-.dopment Corporation. and usually the City has
a llalf member, and curn:ndy Bob SilllplOl'I is that pcrDI, who is the City's representative to the Board or
Dircaors. He staled that Mr. Simpeon 's tenn expires at the end or the year . Mr. Clart asked for
Council's COIIICIII to have Mr. Simpeon continue to llen'C.
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Ea&lewood City Coulldl
N.,_ber 4, 1"6
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COUNCU. 111.MIIER HATHAWAY MOVED, AND IT WAS SECONDED, TO RAVE lt08
SIMPSON CONTINUE AS THE CITY UPUSENTA11VE TO TBE ENGLEWOOD SMALL
8tJSINESS DEVELOPMENT COIIPORATION ll'OR A URM THAT EXPDlES 12/31197.
Ayes : Council Members Hathaway, Vormiaag, Wigins, Habenicht. w.,..._,Burm
Nays : ~
Allleal: Cauac:il Member Clapp
(Clcrt'1 aole: Tllis ilea-lilled • A,endl Item 13 (a).)
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PUBUCCOII ......
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NON-8CHEDUU f•' ---«FORA IIAXIIIUII OF FNE
MINUTES. EACI ~LD SIGN THIS PUBLIC COIIIIENT
ROSTER, STATING NAIIE, ADDRESS, AND TOPIC OF COIIIIENT.
PLEASE PRINT
NAME ADDRESS TOPIC
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PUBLIC COMMENT ROSTER
AGENDA ITEM 7
NOIMICHl!DULl!D Vl8ITOR8
DATE: NOVEMBER,, 1111
NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FNE
MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT
ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT.
PLEASE PRINT
NAME ADDRESS TOPIC
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CllY OF ENGLEWOOD
NOVEMBER 4, 1998
AGENDA ITEII NO. I b
PUBLIC HEARING BEFORE THE ENGLEWOOD Cl1Y COUNCIL
TO CIAlHER CITIZEN NIU1' ON
HOIIE DAY CARE ZONING
PLEASE PRINT
NAME ADDRESS
o;neen Vittetoe
-;-;;r~ J o~~sw .O®WicPl~E.. LLllifJvb\COo~JJ1
' .
/r u1.. ,4<1 ~af{)z, ,27;.,r .54 Ekth . l;afkwaa,i 'i?oti lJ
JP1e l:411'\ \(~ 1~#N 3~05 u,)~·,~:rm,, ~\.\Ce ~Ccio~t>t1D
SL1t..f:~; m¢.tJ:6 d1k!> s c)~~-MJ"' ,-011' Otr-011 r C' a 8~<.a
:SCo\\0 '1IM1 'hhN(.»>o 3":!)Lp4:Q ~•<" \G>-» ,b,)erc~,ooo ,(a '80\\.59
~wd11. C:-140\t.1.t. \093$ l\,,,\'k,J.:CdrG'r i &oo, Cb.&>\~
<; }ACG,e Gee 6aa, s Ctt:iei st. Lit+fdorv (J) oorw
9)i..1~ Gb.soa 5?.iY? 5. ful.~g ~ Cc &2110
C{y;,, 1 ?_ 1(50-C (, cJ7 'b 5 SJ II p, L. th,:,w, .,;,v I IU .
~~ ~:zfu~z~'Z'Z L,111,t.., (d f'tJIZI _k,e. _(}__ b7£ S~-J> __ ~ -~l'1£k,,,,,fg°''a,/
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CITY c,;-ENGLEWOOD
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FILE FILE TYPE
024 l'EMORY TX
OPTION TEL NO.
7941909
PAGE
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~INING O:U. CAPACITY 299
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NON-8CHDULED \nSITORS
DATE: NOVBllla 4, 1•
NON4CHEDULED VIIITOIII IIAY IPIM FOR A IIAXIIIUM OF FIVE
MINUTES. EACH PDION SHOULD aGN TIii PUaJC COlllll!NT
ROSTER. STATING NAME. ADDRDS, AND TOPIC OF COMIIENT.
JHOR PIBIPNI WNO WHH1 IP PIM IN fAYA8 Pf Al IN QPPQIITIQN
TO A PVIIUC HIARINQ, ltlMP PIN D1I Affl IC:!ffl E PYIYC
NMBIII BAIie&
PL!Ale PRINT
NANI NlPBfP
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ENGLEWOOD CITY COUNCU..
ENGLEWOOD, ARAPAHOE COUNTY, COLORADO
Octaller 21, 1"6
I. Call te Order
The regular meeting of die Englewood City Council wa called to order by Mayor Bums at 7:45 p.m.
2 . llmladN
3.
The PledF of AIJegianc:e -led by Mayor Bums.
4 . Rall Call
Council Members Haabaway, Clapp, Habenicht, Wagoner, Bums
Council Members Wigias, V~aag
Mayor Buns IIIIIDII dial c.a.aJ Member Vormiaaa called jull before die Smdy Salioa 111d said dial be
bad ._ il1-ill llil &aily CMr die Mekcnd llld be Deeded IO belp bis .,.._ llld ClOllld 11111 be here
IOaipl.
Mayor Buns adviled dial Couacil Member Wigia ii GIii oflDWD.
A11o pnilelll: City M1-,er Clark
City Attorney 8n1CZaM
Aslillant to die City M--., Once
City Clerk Ellis
GolfCoune Muap ......
DifflClor Orypwicz. F"._.a 5-ica
DifflClor Ellerly, Nilic Worts
5 ......
(a) COUNCIL UDO BATIIAWAY 110\'ED, AND IT WAS S&CONND. TO
Al'PIIOVS TD MIN1lffS or TD UGUIAJl MDTING OP 0CT0aa 7, 1"6.
Ayes :
Nays :
Allllaia:
Aba:al:
6 . !ct .... ~
Couacil Members Haabaway, Habeaicllt. w...-,, Clapp
N.-
Ma,o,Bums
Couacil Members Vonuaac. Wigias
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laatewood City Couacil
Octaller 21, 19'6
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(a) There wen: DO scheduled visitors.
(a) Doyne R. Hathaway Jr., 309S South Cberobe Sued. said be WIS present to talk to
Council OD the pounds af reapeaiag the Ul\'elliplioa af wroa,cloing by Nerila Lou ~y. He stated
dial be bad a leaer addresml to Mayor Burm 111d, reading flam Ille leaer, be aaed tbat the lcUcr "serve
as my request tut you reopen the Ul\'elliplioa meduc:ted by Jolua Difalal afthe IClioas afRiia
Hathaway originally doae by 5aDdi Ollma, April al 1996. It ii iD my belief dllt by the review af the
aaacbed malaills you will agree this will be pn,pcr aClioa." Mr. Hadlaway advilell tbat be bas aipies of
some cabicr's cbects dating baclt 3/119S to 4/1119S wbic:b-ID the_. afS3,2SO .OO . He DOied
dial all af the checks arc dated 3/2/9'. Allo, be aid, lbeR: is a a,py al a VISA Mallen::anl issued oa the
Finl Bank Cud ofOmaba 1111d be~ Ille account number. Mr. Hadlaway ...S that when be 1111d Ms.
Hathaway were diWIQld, be took the Mallen::anl 111d sbe took the Visa c:anl. He said that on S/3/93 this
Visa was taken by Ms. Hathaway 111d be bas proof showing tbat she bad paid tbat off once before and on
3/6/9S sbe paid off an amount of CM:!" Sl,000. He stated be feels lhere is a problem hen:. He said be also
bas I SlalclllCllt from Ille aJWt of jim:ailc iD wbic:b Ms. Hathaway clearly SlaltS that sbe WIS not living in
her home at dial time. He read from the document stating that Mon August~-199S after discovering that
Raymond's psychological evaluation remmmcnded he be placed out ofbome. Mrs . Hathaway called this
worker at social services reporting that she was fearful for her life and was a walking target. Mrs.
Hathaway was so afraid of her son and ex-husband. both cbampion martsmen. that sbe bought a ocllular
phone." Mr. Hathaway stated that anybody can buy a ocllular phone, tbat they only cost a penny at Radio
Shack. Mr. Hathaway said be bas yet to rec:eiw a restraining order at this lime. However, be maintained.
be bas been beat OYer the bead the lut two years or said ratnining orders. He said there is DO such thing.
Mr. Hathaway continued to read flam the leaer stating "orders against the two and is not living in her
own home." Mr. Hathaway stated tbat be believes this is enough to reopen dais .
Mayor Burm advised Mr. Hathaway tba1 be could submit the paperwork to the Clerk and that the City
would review Ille malcrial .
Mr. Hat.baway ... tbal be would lille u -iD two weeks if pcmible. Ill be could lake funber aclion
flam here . Mayor 8arlll med tbal we cu 't p llim a deadline• this point. Mr. Hathaway repealed
dllt be would lille u __., • ICIII iD two weeks. if poaible. Mayor Burm said all rigbt.
IClert 's DOie : Mr. Hadlaway lllbaiaed die lcar:r addRad ID Mayor Burm. two llaFI af bis
bandwrillal DOICI and two muila eeveqia labeled VIIIIOmaba and Cbild Suppon 94 • 9S Paid S1a11ing
3/119S ID 4/1119S .I
(a) A pn,clamalion declaring Salunlay, October 26. 1996 as Amy Van Dykcn Day in the
Ci1y af Enpewood was CIOlllidend. Mayor Burm DOied tbal Ms. Vu Dykcn won bar ,old medals at the
Summer Olympia this year in Atlanta and was rally a symbol af Ille Olympic spirit. He stated tbat Ms .
Vu Oykcn will be the Gruel ManllaU aftbc Eapwond Parade oa Salunlay. He invilcd everyone to
come to the parade.
COUNCD. MOian llillNICBT MOVED, AND IT WAS SltCONDllD, 10 .uPaOVE A
PaOCLAMATION PROCLAIMING ocroau 2', "" AS AMY VAN DYUN DAY IN 11D
CITY or INGUWOOD.
A)<ell :
Na,s:
Alllllll :
Couacil Meabera Hat.baway, 11111 ·:ts w...-,. Clapp, B11ra
Nolle
CCIIIIICil Mlaels Vonaiaa&, Wigia
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Ea&lewood City Coudl
October 21, 1996
Pagel
Motion carried.
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(b) A proclamation declaring the month ofNoYember, 1996 as National Hospice Month in
the City of Englewood WM amsidered.
COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A
PROCLAMATION PROCLAIMING TIii: MONTH or NOVEMBER. 1"6 AS NATIONAL
HOSPICE MONTH IN THE CITY or ENGLEWOOD.
(C)
c::omidered.
Ayes: Council Members Hathaway, Habenicht, Waggoner, Clapp, Burns
Nays: None
Absent : Council Members Vonnittag, Wiggins
A resolulioa appointing Mike Dilalush ID the Clean, Ona and Proud Commission was
The resolution was assigned a number and read by title:
RESOLtmON NO. 79, SERIES OF 1996
A RESOLtmON APPOOOlNO MIKE DILATIJSH TO 11iE CLEAN, GREEN AND PROUD
COMMISSION FOR 11iE CITY OF ENGLEWOOD, COLORADO.
COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA rrEM I (c) • RESOLUTION NO. 79, SIRIIS Or 1"6.
Motion carried.
(d)
c::omidered.
Ayes : Council Memben Hathaway, Habenicht. Waggoner, Clapp, Bums
Nays: None
Ament: Council Memben Vonnittag, Wiggins
A resolulioa appoinling Dall Huffilker ID the Clean. Green and Proud Commission was
The resolucion -amped a IIUlllber ud read by title :
RESOLtmON NO . 80, SERIES OF 1996
A RESOLtmON APPOINTING DEAN HUFFAKER TO 11iE CLEAN, GREEN AND PROUD
COMMISSION FOR 11iE CITY OF ENGLEWOOD. COLORADO.
COUNCIL MEIDIR BATIIAWA Y MOVED, AND IT WAS Sl:CONDID, TO APl'llOVE
AGENDA ITUI I (IQ· USOLUTION NO. .. SUIES or 1"6.
Ayes: Council Melllben lfllllaway, Habeaic:111. Wagoaer, Clapp. Bums
Nays: None
Atmnt: Council Mcmben Vormiaaa, Wigins
(e) A laohllioa appoi!Mi• c.t Weller III die Plaallilta ud 1-illa Co · · n far die
Cily of~ Colondo .
TIie raolulioll -aaiped a IIUlllber ud read by tide:
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lll&lewood City Counc:11
October 21, 1996 .....
RESOLUTION NO. 81, SERIES OF 1996
A RESOLUTION APPOINTING CARL WELKER TO 1HE PLANNING AND ZONING COMMISSION
FOR 1HE CITY OF ENGLEWOOD, COLORADO.
COUNCll. MEMBER BATBAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (e) -111:SOLtJTION NO. 11, SI.IUl:S OJ 1"6.
Motion carried.
(f)
a>midered.
Ayes : Council Members Hathaway, Habeaicbl, Wagoaer, Clapp, Bums
Nays : None
Ablenl : Council Members Vormiaag, Wiggins
A resolution appointing S--O'Leary IO tbc Englewood Public Library Board was
The resolution was assigned a number and read by tilJe :
RESOLUTION NO . 82, SERIES OF 1996
A RESOLUTION APPOINTING SHANNON MARY O'LEARY TO 1HE PUBLIC LIBRARY BOARD
FOR TiiE CITY OF ENGLEWOOD, COLORADO.
COUNCll. MEMBER BATBAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (I) -111:SOLtJTION NO. 12. SERIES OJ 1"6.
Ayes: Council Members Hathaway, Habenicbt. Wagoner, Clapp, Bums
Nays: None
Ablad: Council Members Vormittag, Wiggins
Motion carried.
(g) A resolutioo llpp)'in&ing Neil Newman IO tbc Urtu Rcncwa1 Authority was DOI
coasidered as Council was advied that Mr. Neumann had clecliaed tbc appointmclll.
(b) A resolution appointing A. Only Clart IO tbc Wlllt.r and SeMI Doud was coasidered.
The rcsolution was aaigned a number and read by tilJe :
RESOLUTION NO . 83, SERIES OF 1996
A RESOLUTION APPOINTING A. GRAY CLARK TO 11fE WA'JB AND SEWER BOARD FOR
1HE CITY OF ENGLEWOOD, COLORADO .
COUNCll. MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM I (II) -RESOLUTION NO. 13, SI.IUl:S OJ 1"6.
Ayes : Council Members Hathaway, Halleniclll. Wagaaer. Clapp, Bums
Nays : None
Abacnt : Council Members Voraiaas. Wigia
Motion carried.
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Mayol' Bums tbuked all oftbc memben of die . ) dO Wi11*1 ... m,alllll0 --_.._.ad
«-illioos ud espec:iaUy die people. -....... lllllipl.
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lapewood City c-il
Oc:toller 21, 1996
Pqe!!
9. Publlc Beari•c
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No public hearing was scheduled before Council .
COUNCU. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (a) (I) THROUGH (IY) ON nJIST UADING.
(a) Approve 1111 Fim Radillg
(i) COUNCll. Bill. NO . 56 , IN11lOOUCED BY COUNCll. MEMBER
HATIIAWAY
A Bill. FOR AN ORDINANCE AIJlllOIUZING AN INTERGOVERNMENTAL AGREEMENT
BETWEENllfE SOUI'H ARAPAHOE SANITATION DlS11UCT. SOU'IHGATE SANITATION
DISTRICT, 11fE BOARD OF COUlffY COMMISSIONERS OF 11fE COUNTY OF ARAPAHOE.
WASTE MANAGEMENT OF COLORADO, INC ., AND 11fE CITY OF ENGLEWOOD . COLORADO
AMENDING 11fE CURRENT WASTEWATER nANSMISSION AGREEMENT .
(ii) COUNCll. Bill. NO . S9, IN11lOOUCED BY COUNCll. MEMBER
HATiiAWAY
A Bill.. FOR AN ORDINANCE AIJlllOIUZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN 11fE URBAN DRAINAGE AND FLOOD COIIITROL DISTRICT AND TiiE CITY OF
ENGLEWOOD, COLORAOO ENTl11.ED AGREEMENT REGARDING FUNDING OF CITY OF
ENGLEWOOD CITY -WIDE OlTl'FALL SYSTEMS PLANNING , ARAPAHOE COUNTY •
AGREEMENT ~.06.
(iii) COUNCll. Bill. NO. S7, IN11l00UCED BY COUNCll. MEMBER
HATiiAWAY
A Bill.. FOR AN ORDINANCE AU11IOIUZINO AN INTEROOVERNMan' AL AGREEMENT
BETWEEN 11fE U.S. GEOLOGICAL SURVEY. UNnE> STATES DEPAR'IMENT OF 11IE
INIEIUOR AND TiiE CITY OF ENGLEWOOD. COi .<>RADO amn.ED U.S. DEPARTMENT OF
TiiE INIBIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT l'OR WATER
RESOURCES INVESTIGATIONS .
(iv) COUNCIL BILL NO . SI, IN11lOOUCED BY COUNCIL MEMBER
HATiiAWAY
A Bill.. FOR AN ORDINANCE AIJlllOIUZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN 11fE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND TiiE CITY OF
ENGLEWOOD , COLORADO ENTl11.ED INIU.AGENCY AGREEMENT CONCERNING
DRAINAGEWA Y IMPROVEMENTS ON WEST HARV ARD GULCH IN 111E CITY OF
ENGLEWOOD. ARAPAHOE COUlffY. AGREEMENT ~.09 .
Coucal Mmba1 Hadllway. Hlllaudll.. WIIICJIICI'. Clapp. Burm
Na.
COIIIICl1 Meaben vorauaas. w_.
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Ea&lewood City c-u
Octaller 21, 1996 .. ,
COUNCD.. MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE
CONSENT AGENDA ITEMS 10 (b) (I) THROUGH (v) ON SECOND READING.
(b) Approve OD Second Reading
(i) ORDINANCE NO . 45, SERIES OF 1996 (COUNCIL Bll..L NO . 49,
INTRODUCED BY COUNCIL MEMBER HA'llfA WAY)
AN ORDINANCE REPEALING 1111.E 5, CHAPTER I, OF 11fE ENGLEWOOD MUNICIPAL CODE
1985 PERTAINING TO GENERAL LICENSE PROVISIONS AND RE-ENACTING A NEW CHAPTER
I.
(ii) ORDINANCE NO. 46, SERIES OF 1996 (COUNCIL BILL NO. SO ,
INTRODUCED BY COUNCIL MEMBER HA'llfA WAY)
AN ORDINANCE REPEALING 1111.E 5, CHAPTERS 2A, AND 28. OF 1lfE ENGLEWOOD
MUNICIPAL CODE 1985 PERTAINING TO AMUSEMENJ'S. PUBLIC DANCES AS WW. AS
AMUSEMENT DEVICES AND RE-ENACTING A NEW CHAPTER 2. AND WHICH REMOVES
AMUSEMENTS FROM ORDINANCE NO . 25, SERIES OF 1996 WHICH PERTAINS TO 11fE
MORATORIUM OF LICENSES IN 11iE CITY OF ENGLEWOOD, COLORADO .
(iii) ORDINANCE NO . 47. SERIES OF 1996 (COUNCIL BILL NO. 51.
INTRODUCED BY COUNCIL MEMBER HA'llfA WAY)
AN ORDINANCE REPEALING 1111.E 5, CHAPTER 4, OF 11fE ENGLEWOOD MUNICIPAL CODE
1985 PERTAINING TO FOOD VENDORS AND RE-ENACTING A NEW CHAPTER 4, AND WHICH
REMOVES FOOD VENDORS PROM ORDINANCE NO . 25. SERIES OF 1996 WHICH PERTAINS TO
11fE MORATORIUM OF LICENSES IN 11fE CITY OF ENGLEWOOD. COLORADO .
(iv) ORDINANCE NO . 41, SERIES OF 1996 (COUNCll.. BILL NO . 52.
INTRODUCED BY COUNCll.. MEMBER HA'JlfA WAY)
AN ORDINANCE REPEALING 1111.E 5, CHAPTER 12. SECTION I. OF 11fE ENGLEWOOD
MUNICIPAL CODE 1915 PERTAINING TO ARBOIUST AND ENACTING A NEW CHAP11:Jl 14,
AND WHICH REMOVES ARBOlllST PROM ORDINANCE NO. 25. SERIES OF 1996 WHICH
PERTAINS TO 11fE MORATORRJM OF LICENSES IN 11fE CITY OF ENGLEW<XX>, COLORADO .
(v) ORDINANCE NO. 49 , SERIES OF 1996 (COUNCll.. BILL NO . 55.
INTRODUCED BY COUNCIL MEMBER HA'JlfAWAY)
AN ORDINANCE APPROVING AN IJ(JBOO\IERNMENT AL C0""1tACT BETWEEN 11fE ST A TE
OF COLORADO AND 11fE CITY OF ENGLEW<XX>. COLORADO, RELATING TO 11fE LAW
ENFORCEMEJ\rl' ASSISTANCE FUND (LEAF) PROGRAM.
Ayes :
Nays :
Ablcnl:
Cowlcil Members Haabaway. Habeaicbt. Wagoner, Clapp, Bums
None
Cowlcil Members Vonnittq. Wigins
II . 0...._,11111 lilelaNMacieae
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Eqlewood City Conell
Octeller 21, 1996
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(i) Golf Course Manager Burgener presented a recommcndalion from the
Depanmcnt of Parts and Rccn:alion ID adopt a resolution adjusting fees for the Englewood Golf Course.
He explained that they are seeking a fee increase for 1997 and be would be glad ID answer any questions
Council may have as ID the validity of these increues. He advited. as put of the feasibility SbJdy on the
expansion. that they swed in there. they should review fees every two years and this is the second year.
In COIMIICbng ocher councs aruund the area they found that most of the golf counes review their fee
S1JUCIWe every two years and sec if any changes are requi,al. He said they feel this incrase is ncccssary .
Mayor Burm c:onnnrMld tbal be would guess that this keeps Englewood pretty competitive and probably
a bupia. Mr. Burweaer said tbal it doe&, that we are at or below the average in most cues and
.:omidenbly below the avelaF as far as raidenl fees are c:oncerned.
Mayor Burm asked bow we did this year on the Par 3 aiursc. Mr. Burgener advised that it is doing real
well. that be is real proud of the way it is doing. He said they are somewhere in the neighborhood of a
little over 12,000 rounds and they did not open until April 1•. He felt that was pretty good for the first
year of operation. Mayor Burns commented that the course seems to be in good condition for a first year .
Mr. Burgener agn,cd that it is. that they have done a real nia: job with it He noted it is tribute ID Dave
Lee and bis crew and also ID the installation people. Dye and Associales.
The raolution -assigned a number and read by title :
RESOLUTION NO . 84, SERIES OF 1996
A RESOLUTION ESTABLISHING AN ADJUS1MENT TO 11iE ANNUAL FEES FOR 11IE
ENGLEWOOD MUNICIPAL GOLF COURSE .
COUNCO. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (I) • lllSOLUTION NO. 14, SIIUIS OP 1"6.
Ayes : Council Members Hadlaway, Habcaicbt. Waggoner. Clapp, Bums
Nays : None
Ablcal : Council Members Vormiaag. Wigins
(ii) DireclOr Grypewic:z pnlalled • mere r IIMioa from the Department of
FinaDcial Services to adopt a l"CIOllllion Cfllblishi• fees b An r r t Licemes and Ccnific:ates of
Rcgistnlion . He DOied tbal Council jult appn,wed. oa WIDlld radillg. the aw m N licieuc and took it
out of the DIOfltorium. Included in the cllanga ID tbal lia:lm. be cxplaiaad. is tbal Council SdS the fee
by resolution . This resolution docs not cbanac any of the fees from their prior levels . The applic::alioo fee ,
which is paid in advance. is the only change .
Council Member Habenicht questioned. wbcR it talks about ltineranl Shows. wbclhcr that afl"ec1s
anything like our cooccrts in the put or the Plaza. Directar Gryglcwicz llid no , that there is a definition
of the Itinerant Shows in there and we have very few requcsu for ~-
Council Member Wagoner DOied that under Billiank ud Pool then: ii a S50 .00 fixed fee plus S25 .00 per
lane per year. DilllCIOr Orypcwicz said it sbauld read per table . City Aaoncy 81111Zma11 com!DCDINI that
the resolution IIIICI per table . Direc:lor Oryglcwicz poilllld OUI 11111 Ille Cauacil Ccweeenicllioa ii
incomct. it is per table.
Council Member Wagoaer aed about the differacel la Ille applic:llicNe fees. -are SI0.00 ud -
are SI 10.00. DilllCIOr Orypcwicz explained lhll the licewl fur A-Altadc ud CCDICr ud the
Public Dance require a blcqnJund check. • lhll CIMll tbll Ollll Tiial is wby .-. are S 110 .00 .
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l.qlcw-i City Coucil
Octeller 21, 1996 ....
The resolution was assigned a number and read by title :
RESOLtrnON NO. 85, SERIES OF 1996
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A RESOLtrnON ESTABLISHING FEES FOR AMUSEMENT LICENSES UNDER TITLES,
CHAPTER 2, OF 1HE ENGLEWOOD MUNICIPAL CODE 1985.
COUNCB. MEMBER BATRA WAY MOVED, AND rr WAS SECONDED, TO APPROVE
AGENDA ITI.M II (a) (U) -lll.SOLU110N NO. 15. SDmS 01' 1"6.
Ayes: Couacil Memben lfllllaway. Habellicbt. Waggoner. Clapp, Bwns
Nays: Noac
Ablcal: Couacil Memben VCJllliala. Wigim
Motion carried.
(iii) Director Gryglcwicz ........ ,-menclerioo from lbc Depanmcnl of
Financial Services 10 adopt a raollllioa Clllblishiaa fees far Food Dealers Licienlcs and Ccnificale5 of
Regislralion. He explained tbal Ibis raollllioa CIUblillMs Ille fees for our Food Vcodor • Streets and
Sidewalks, Food Vendor • Parks ud ic1C cram \'Clldors ud dlae fees arc set at previous lcvds.
Council Member Hathaway noted that Ibey also added applicalioo fees IO lhcsc that did DOC exist before .
Director Gryglcwicz swcd that Ibey actually did cxill bd'ore ud by putting lbc fee in all of lbc liclCnscs
Ibey were able to SlaDdardizc throughout.
The resolution WU assigned I number and read by title :
RESOLtrnON NO . 86, SERIES OF 1996
A RESOLtrnON ESTABLISHING FEES FOR FOOD VENDOR LICENSES UNDER TITLE 5,
CHAPTER 4, OF 1HE ENGLEWOOD MUNICIPAL CODE 1985.
COUNCB. MEMSER WAGGONER MOVED, AND rr WAS SECONDED, TO APPROVE
AGENDA ITEM 11 (a) (Iii) • lll.SOLU110N NO. .. SEall.S 01' 1"6.
Ayes: Council Members lfllllaway, Hlbcnicbt. Waggoner, Clapp. Bwns
Nays : Nolle
Ablcnt: Coullcil Memben Vonaiaag. Wiginl
Ma(jnn carried.
(iv) DiRICIOr Gryglcwicz preaealld a niawmenclerioo from tllc Dcpanment ol
Financial Services 10 adopt a raollllioo sablisbiaa fees far Altlorill Licmw u11 Ceni&ala "'
Rqiltrllioa. He adviJed lhis raolutioa Clllblilbes tllc feel far tllc Altlorill lic:eaK, wbic:b is set at S.S0 .00
per year, any fraction of a year, and the SI0.00 application fee . He IIOled thole fees arc set at previous
lcvdsaswell.
The resolution was assigned a number and read by title :
RESOLtrnON NO . 87, SERIES OF 1996
A RESOLllTION EST ABLISHIN<i FEES FOR ARBOIUST LICENSES UNDER TITLE S, CHAP1ER
14, OF 1HE ENGLEWOOD MUNICIPAL CODE 191S .
COONCB. MEMHR BATRA WAY MOVED, AND ff WAS SI.CONDO, TO Al'l'aOVE
AGINDA ffl.M 11 (a) (IY) • lll.SOLU110N N0.11, SUUI.S 01' 1"6.
Ayes : Coullcil Members Hadlnly, Hablaidll. w...-,. Clapp. a.r.
Nays : Nolle
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Eapewood City Coalldl
October 21, 19'6
Pa&e9
Absent:
Motion carried.
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Council Members Vormittag. Wiggins
(v) Director Ellerly praeolal a recommendation from the Dcpanmeot of
Public Works to approYC. by motion. the COIIIIIUCtioa c:onlnCt for expansion of the Englewood Police and
Fire Adminiltralioo 8uiJding wllich is also kaowa • the-Oimmuaicllioas Ceaucr. He swed that Slaff
recommends awarding the COIIIIIUClioa CIOINlnCt to Alb and Wllill: COIIIIIUclion Company. in the amount
ofS319,700.00. He DOied that theardlilllellestilulc-$478,000.00 and we have come in well below
the ardlitem C1WD11e in tbis CIIC. He adviled dull they have reviewed the qawific:atioas ot the ._
bidder and they are ,ec C • M I ting dial dlcy award dNis CIOINlnCt to them.
Mayor Bums asked if it INal all die falma dial we WUled and wby -the ardlitcct 's so much higher
tban the bids. Dnctar Ellerly llid be did DIil kmw.
Council Member Habenicbt asked if she is to lilldenlaDd that this is just for the cxpusion. remodeling of
the buiJcling. the SlniClW'e ila:I( that this Im nodling to do with the equipment DiJec:lor Esterly swed
that is right. that the only equipment involved here is some plumbing involved in some of the
modificalions. providing the elecuical ciraaitry and it docs install a a,mpwcr floor that bas a balana:d
ground system that goes with the fulwe equipment. He pointed out that it docs not include the actual
communicalions equipment Council Member Habenicht asked if we have an estimau: of the cost of that
and when that will come. Director Eslerly Slated that be docs not have that infomwion. that be thought
we were looking at altanati-that would lease the equipment ralber than pun:base it outright. So . be
said, the dunlioo of the lcalc would affoct the tocal cost and the annual cost of that equipment.
Council Member Habenicht asked if this build out is necasary for the iDSlallation of the type of equipment
that is needed. Director Eslcrty explained that this build out is necessary to provide the physical space
and elecuical .-is for the fulwe equipment and to deal with the bell load that would be generated by the
fulwe equipment He said we are talking about an incrase in tocal number of consoles that people can sit
at and respond to.
Council Member Habenicbl asked if this includes anything more than our communications center
upgrade . Director Esterly Slated that it includes some office apace. that goes along with that. for the Slaff
and it includes some .evisioas of sepanlling l'CII.-and how the public. officers and communicators
can .. inlo ti-speces .
Couac:il Member Habcnicbl asked if it pruvidel for any c:buF in the lollby of the police station. Director
Esterly llated tbal this in fact ieduca the lallb)' a little bit and it docs change the eauy way going into the
lollby.
COUNCU. MEMaU WAGGONER MOVED, AND rr WAS SECONDED, TO APPROVE A
CONSTRUCTION CONTRACT IN TIR AMOUNT o, Sllt,711.0I TO ASH AND warn
CONSTRUCTION COMPANY JOR THI CONSTRUCTION OF INGLIWOOD POUCE AND
PlllE ADMINISTRATION BUILDING UPANSION AND UMODIL
Ayes: Council Memben Hathaway, Habenicbt, Waggoner. Clapp. Burns
Nays : None
Ableat : Council Memben Vormittag. Wiggins
Motion carried.
(i)
propcnics -COlllidenld.
Council 8iU No. 41, appn,vieg die ale of six Project BUll.D
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Eqlew9N City c-il
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ORDINANCE NO. 50, SERIES OF 1996 (COUNCll. Bll.L NO . 48, INTRODUCED BY COUNCll.
MEMBER HAlHA WAY)
AN ORDINANCE APPROVING 11IE SALE OF SIX PROPERTIES, WIDCH WERE DEVELOPED
FOR 11IE "Bun.o• PROJECT, ON 11IE OPEN MARKET.
comrm. MDDU HATHAWAY MOVID, AND IT WAS Sll:CONDED, TO APPROVE
AGENDA ITDI 11 (II) (I)· ODINANCE NO. 51, S&ma OJ 1996.
Mayor ear. cxplailled dial be~ lllllaiD 6-Wlilll OIi dlis maaa-, as be does OIi all eun.o Project
maaen. .._ be is die cblir afdle Holllillg Alllbarity Uld die Hausinc Authority adminilh'n this
pqnm.
Ayes :
Nays :
Council Members ffalbaway, Habenic:ht. Wagoner. Clapp
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Abltain: MayorBuras
Absent: Council Members Vormiaag. Wigins
12 . Geaenl DI_ .....
(a) Mayol's Choice
1. Mayor Buras meaci9ad dial-,-belld laaipl abcllll die ldditioaal S 1.34 million in funds
that haw been ex1eDded 6-die Fedenl Tl'llllit Admillillr...-111 RTD for die light rail line.
2. Mayor Buras reminded-,-af tbe EllpWUOd Fall Parade wbic:b is this Sllurday. He DOied
that Austin Gomes -in tbe llldieace. Mayor Burns lllled dial Mr. Gomes does such a woadcrful job ol
orpniziDg this Cfflll. Mr. Gomes. in respolllC to Mayor Burm. adviled that there are 117 uniu in tbe
parade. Mayor Buras commaMed that Amy Vu Dytrcn is our lpeCial honoree in die panidc.
(b) Council Member's Clloice
(i) Council Member lfldlnay reminded_,._ dial tbe Malley CClller Bazaar
Uld die HalloMlen Carnival. for kidl, 6am S:00 to 1 :00.11 die Recn:alioa Ceatcr will allO be hcld on
Sllurday. Ms. Hadlnay DIiied dlele ii a lot pillg oa Sllurday, that it will be a busy day in tbe City.
Council Member Hlbenicbt DIiied tbere ii allll a Frieadl af die Libnry Bake Sale and every year die
Englewood Shrincn bold a pucalle brald"alt. COIIIICi1 Member Hadlaway DOied tbe pancake braldut
extends to Sunday Uld tbe buc sale will allll be hcld oa Friday .
(ii) Council Member Clapp:
1. A resolution oppoliq tbe .-,e af A•• ~me .. No . 11 -COlllidered .
TIie raolutioa -aaiped a IIUlllbcr and rad II, litlc:
RESOLUTION NO. II. SERIES OF 1996
A RESOLUTION OPPOSING 11IE PASSAGE OF AMENDMl!NJ' 11 IN 11IE 1996 ELECTION
WHIOI IS A PROPOSAL TO SUBJECT REAL PROPl!lllY OWNED BY NONPROFIT AND
RELIGIOUS ORGANIZATIONS TO AD VAi.OREM PROPERTY TAXATION .
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Ellstewc,od City C•IICil
Octaber 21, 1996
Pqell
COUNCU. MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 12 (b) (ii) (1) -RESOLUTION NO. 88, SERIES or 1996.
Ayes: Council Members Hathaway, Habenicht, Waggoner, Clapp, Bums
Nays : None
Absent: Council Members Vormittag. Wiggins
2. A iaolulioD supporting the adoption of Amendment No. 16 WIS considered.
The raoluliall -llllipal a number and read by title:
RESOLlmON NO. 19, SERIES OF 1996
A RESOLUl10N SUPPORTING 1llE PASSAGE OF AMENDMENT 16 IN 1llE 1996 ELEcnON
WHl(l{ PROPOSES 10 REFORM TIIE STRUC'IURE OF 1llE ST A'IE LAND BOARD AND WHICH
BROADENS 1llE CONSTl1UI10NAL MANDA'IE GOVERNING MILLIONS OF ACRES OF
ST A'JE-OWNED LANDS LOCATED lHROUGHOlIT COLORADO .
COUNCU. MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA
ITEM 12 (b) (ii) (2) -RESOLUTION NO. 19, SERIES or 1"6.
Ayes : Council Members Hathaway. Habenicht. Waggoner. Clapp, Bums
Nays : None
Absent : Council Members Vormittag. Wiggins
(Clerk's note: This item appears on the Agenda as Item 12 (b) (i).(
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COUNCU. MEMBER IIAHNICBT MOVED, AND IT WAS SECONDED, THAT COUNCU.
TAKE A POSfflON IN OPPOSfflON TO AMENDMENT 13.
Ayes: Council Members Hathaway. Habenicht. Waggoner. Clapp. Bums
Nays : None
Absent : Council Members Vonniaag. Wigins
Motion carried.
Council Member Halbaway suggested. in lieu of an actual raolution. tbaa Council draft a letter under
Mayor Burm" sipablre staling Couocil"s opposition and lelld the lcaa to CML. DRCOG and the
opposition poup.
COUNCU. MEMBER IIATHAWA Y MOVED, AND IT WAS SECONDED, THAT COUNCll.
DRAFT A UTl'ER, UNDER MAYOR BURNS' SIGNATURE. REPRESENTING COUNCU.'S
VOTE IN OPPOSfflON TO AMENDMENT 13 AND TO SEND IT TO THE APPROPRIATE
PARTIES .
Motion carried.
Ayes:
Nays :
Absent :
Council Members Halhaway, Habenicht. Waggoner. Clapp. Bums
None
Counc:il Members Vormiaag. Wigins
(iii) Couocil Member Wagoner llaled lbat, bwd upon Council"s dilCUllion this
cwailll ll die ally--. lie~ like to tee die Cicy Maaa,er"s aGk:c C0111act EDDA and die
Chulllcr of Ca oe ud tee if tlley are iDdDed i.....s in fonaiq a commiaee to wart IOplller to
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EqlewNd City C..al
Octalter 21, ·"'
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fw1ber the propcss ol Englewood wilhin the area. wodting in harmony, ratber than at odds. in order to
achiew I bcar:r CIOllllllllllity for our citizens.
Mayor Bums said be fully supports Council Member Waggoner's suggeslion. that we don't know where it
is going to tab us, but it is a good swt.
Council Member Waggoner noted be left the Urban Rcncwal Autbority out ol~ as be did not think
they were quite at the poinl yet where they .-S to be iJM>Md. Mr. Waggoner opined that EDDA. the
Chamber ol Commen:e and the City ol Englewood have a lot more in CX1111111011 as far as the deYelopmcnt
olthe ClOIIIIIIUllity and the Rllds we want to CIOII or pursue: at the pracat time. So, be said. be has left the
Urban Rcncwal Autbority out ol tbere until I fulure time. Mayor Bwm .... be would urge the -
body 10 bring the Urban Rmcwal Autbority into a dia:ussion if it is appropriate as they go along and if
they became more active it mighl be wile to include them OD the aimmiaee also, but be felt we should
certaialy mmw,nic:efe with lbcm. Council Member Waggoner agreal.
(iv) Council Member Habcnicbl:
l. She statcd that, as tbe Council liaison IO the Library Board. she wanted IO report that at the last
Board meeting they discma the budget. the capital illlpl1Mllle0t budget and the like . One item that
came up, that all the Library Board members expressed concern abouL in the Capital Improvement
Budget, -the ina•llation ol spriDkJcrs in tbe Library. ~ Boucl members. she advised. indicated
that they were aware that other libraries have different kinds ol dry fin: prevention methods . She said
then:-• great deal ol c:oacem at the amount of water damqc that could occur. Ms . Hathaway noted
that the Library Director indicated be has been assured that this would be the kind of thing that would just
be sort olspot sprinkling. Howc\u, she said. she would like IO aec us look at what the Slate of the art is
and what the a11t would be to do mmc sort ol dry kind ol fin: sprinkling.
Mayor Bums said be agreed. that then: is an awfill lot of a>mbuaiblc material in the library and there
could be a tremcodous amount of water damqc in then: if tbere was a sprinkler system.
2. She advised that she had a call from a citizen in the Scmic View area who said she had bcanl a
rumor that tbe Tejon station was cio.i or was not being utilized. Ms . Hathaway told her she had not
bcanl anything to that affect. but that she would certainly ask and \'Crify that we an: still operating out of
the Tcjon station . Ms . Habenicht asked if that is correct. City Manager Clark stated that it is .
13 . City Maqer'1 llepe,1
(a) City Managcr Clark rderrod Council to the Cinderella City Adivity Rcpon, daled lall
Thursday, and the latca JIRlllell dtart OD the tdNd,elin1, wbich wen: included in Council's pldlcl. He
stated be did not have much to bighlighl OD that, but that be did add 10111C items that wen: rclaled IO the
project. lfc adviscd Council they would provide thae OD the Council agenda at their regular meeting
every two weeks.
(b) City Manager Clark n:commcnded that Council go into Executive Session immediatc.ly
following the regular City Council ~ng to dilCUIS two real CSlatc matters.
( c) City Managcr Clark adviscd be has decided 10 atlClld the National Lcquc: of Cities
Annual Coafcn:ncc on December a•. 9*' and 10•. He said be did not know if any members of Council
wen: intcratcd in going.
Council Member Hathaway asked if that is the San Antonio one. Mr. Clark said it is and that be was able
IO find $165 .00 round trip airflre. but be has IO 10 IO Colorado Sprinp. He mmmcrMed dial it is ICIUllly
just about as ec:onomic:al as aoinl to -ol our local and iqional meetings OD the weacrn llopc or -
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~weNCityCwl
Odlller' 21, 1"6
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mlbe ...aia 111na. He pai-.1 a.t die tJ"' ii a lllldy .... aipl. 111 dlly ca play it by ar whldler
Ibey walll III ID alllld 111111 llae It, ... ii.• 11111W-, people cllcide ID ID die Coalermc:e.
CGUDCi1 Mm11er Hldlaway lllbd lrdlly-abady ,-die Nplnliclll dMe llr die cbaaper w . City
Mmpl' am advilecl t111t 1111y _. miad w ..._ ..... 11e....,.. die ieplrllioll saays • is
ail lbe~llarlladdlee it ............
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COUNCIL IDDD IIA'l'IIAWAY IIOVD.AND ff WAS UCONDD, ,oa COUNcn. TO
GO IN10 marnYE smlON NIUNA'la.Y IOI.LOWING 1B IISGUIAll crrY
COUNCD. IIIDTING TO DISCUSS TWO BAL lffAft IL\TnllS.
A,-: <=-:ii....._. Hllllnlly, fl I ·ck, w....-. Clapp, Barns
Nays: Nw
Allaeal: <=-:ii ....... v---.. w.-
14. City Aaanef'• ......
City Aaoraey 8..-did ... aay ..aers III brillg bcln ec-:il.
15. .wjalN Pl I
COUNCD. MDaD WAGGOND IIOVD TO ADIODN. TIie ...._ ~• 1:21 p.m.
~.tf.~
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PROOF OF PUBLICATION
THE ENGLEWOOD HERALD
STATE OF COLORADO
co..NlYO:ARAPAHOE
I, a.Ml J. ,..... do 9Clemntf _.
hl I an h Asl 7 lllf and fVJII/Sc:I
ht a.....-,,,..,,, ........ ii
a ~ !'IIMPIPII Pl,tJlnd fl h Cir
of Ullelon in the Couny of ~
Slate of Coc,adD , and has a genlflt
ciWallon hl9h; ... said l'6llilPll9 ta
been published continuously and
~hsaldCcutyd ......
b a period ol men IW'I 52 _. pdarlO
.. b llM:allDn d ....... nab,
... said llliiilPII* ii ..... h .. Poll
Ob d ~ COlinab, • lmllll
class mal matter and that die 111d
newapaper II a newapaper wllNn die
meanklg of the act ol die General
Assembly ol the Slate ol ColonldD.
appowd Maft:11 30, 1923, and enlllld
~ Naticll and Ach91711n...-n
other acts relallng IO the prtnllng n
publishing of legal notice and was
lldndnh.-ar11 ....... a1
said NI ~. ora em, WIik. on h
sane d!IVd 1a1Wllk. .
for a penod cl ............... /.. .............. .
conucutM inMftloM: thal the flrlt
publlcallon cl said notice was In the
~ said MW!IPIPII' dll8d
./.,J:.~~eLlJ.t.~a..f.P ..... ,tf.f,
and ltle last Pl~ cl said nollce
was In the 111118 cl said newspapar
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CIT'f OI' INGLEWOOD -o,--·~··: -·~--Clil'--.... ca,.. -.-1 -· :a··=: ra-=--::r.:-----l
ea= .• ::s ,,._.rnn• ...:..==.::;·~ ..... ---Cit'~ ----.. -~ .......... ----.... CIIJ--....... :i =:-rn: ... .:.·~ .--: --~-=A.-~ =-.,__:,;P .. ··-··
... cc
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PROOF OF PUBLICATION
ntE ENGLEWOOD HERALD
STATE OF COLORAOO
CXl.MYOFARAPAHOE
I, GlrMf J. Hllllly do eaam, _.
ta I amtw An , • .,, • .,,,,,...,,.d .. a....-.,,..,,, .........
• ...,~~lnbCllr
ol LlllllDn in .. CclUlty of ~
Slale of Q,t1al9do • ..s ta • Dl'*II
cimllanlw9h; ta llld .. ~ ta
been publiahed con11nuOuS1J and
~lnllldca.trd .-..,..
tor a patld ol 1111119 IW'I 52 .... plarlO
..... pM:alorl d .. .,...11117a1,
ta llld 11 .......... In b Pall
ca. d ....... caam,. • .-.It clau mal maner and that u. Nld
118W1P11* II a nNlplpll' wll*' Ille
rnunklg of the ac1 of the General
Auembly ol the Stale ol Coaada,
appoved Man:h 30, 1923, and ....,
1.egllNabland~-
other acts relallng to the prlrtlng and
publishing of legal notice and ••
~111 .............. d
11111 flloillPII*, ora mi week. an b
--d..:t'l.a
for. period of .•..•.•.••••••• 1.. .............. .
consecullve lnNftlons: .... the flrlt
publication ol said notice •• In Ille
Lf'~ .. ~ ... ,:lf,
and the .... Pllblclllorl of said notice
.. in the ... of said fl8WIPaper
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COUNCIL COMMUNICATION
DATE: November 4, 1996 AGENDA ITEM SUBJECT: Amendment of Com-
•• prehensive l.oning Ordinance
INITIATED BY: Office of Neigbborbood STAFF SOURCE: Robert Simpson, Man-
and Business Development ager of NBD
COUNCn. GOAL AND PREVIOUS CQUNCil. ACTION;
Council Goal: Quality of Life, Economic Development
Prevjous Council Action : City Council previously discussed, in study session, the Ft. Collins
Ordinance C'ICINW. llaDlllrda 11111 p;.leliues for die developm,mt of llqe .,._ nail
l'llliamn. City Council requested NBD and the Planning Commission to consider imple-
menting similar standards and guidelines as part of the Comprehensive l.oning Ordinance .
The recommended standards and guidelines were forwarded to City Council on October 7,
1996, at which time Council scheduled a Public Hearing for November 4, 1996 .
RECOMMENDED ACTION;
Staff requests that City Council conduct the Public Hearing scheduled for this date .
BACKGROUND, ANALYSIS, AND ALTERNATIVfS IDEN XUDQ;
The proposed standards and guidelines on large format relail businesses will provide aaff, the
Planning Commission, and City Council additional opponunities to ensure quality de\ielopmem
of large format retail outlets within the City of Englewood. The proposed standards and
guidelines address facets of development such as architectural variety, scale of proposed devel-
opment in relation to surrounding development, pedestrian and bicycle access as well u mo-
toriz.ed vehicular access, and mitigation of negative impacts.
The redevelopment of the Cinderella City Mall area, as well as redevelopment of areas along
South Broadway, is of great interest and concern to members of the City Council, the Planning
and Zoning Commission, and to staff. The trend to "big box" development bu frequently re-
sulted in bland , unattractive expanses of concrete walls with no varying architectural features
Pron led on Recycled Pape,.~
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ORDINANCE NO. _
SERIES OF 1996
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BY AUTHORITY
A BILL FOR
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COUNCD.. BILL NO . 53
INTRODUCED BY COUNCD..
IIEMBEJl~~~----
AN ORDINANCE AMENDING TITLE 18, CBAPTEll 5, BY CREATING A NEW
SECl'ION 25, AND AMENDING TITLE 18, CBAPTER 8, SECrlON l, OP THE
ENGLEWOOD MUNICIPAL CODE 19815 ENTITLED DESIGN STANDARDS AND
GUIDELINES POR LARGE RETAIL ESTABLISHMENTS.
WHEREAS, the City oC Englewood fMel a fed.an al c:mnp and CIIIIUll1lllity
renewal; and
WHEREAS, thia ordinance aervea to introduce new nplatiom reprdin, deaip
atandarda and pidelines for larp format retail 1'uin1w11; and
WHEREAS, 'lbia propoaal provides tbe oppartunity to brins bward ltaadarda and
pidelines that will emure that developmmt of )up farmat Ntail bu± 11 fit with
the expectations and needt of tbe community; and
WHEREAS, the standarda and pidelinet are intended to eacoarap deftlopment
that contributes to Engl-ood u a unique place by nflectin, ita physical cbancter
and adding to it in appropriate wa:,a; and
WHEREAS, larp NJtail developmentt depend CID bip 'riaibility from ~ public
streets;and
WHEREAS, larp development deaip determinN much of tbe c:baractier and
attractivenest of major ttreet Kapes in the City; and
WHEREAS, marketinr inta.tt of many corporatiaaa, naa with nraq input by
profeuional desipen, can be potentially detrimental to commlmity upiratiam and
sense of place when they reault in mutive indmdual cieftlapaamta that do not
contribute to or intep'ate with the City in a potittff war, ad
WHEREAS, th-atandarda and piclelinN require a buic level of architec:tural
variety, compatible tcale, pedestrian ad bicycle -. and mitiptiaa al neptive
impacta; and
WHEREAS , the atandarda are not intmded to limit creativity, but rather are
intended to aerve u a uaeful tool for deaip profaaioDala enppd in lite apecific
detign ; and
WHEREAS, th-atandarda and pidelinat apply to all new projectJ that include a
retail development of 20,000 or more iquare fNt u a ute-by-ript or within a planned
unit development without equal or more atrinpnt retail dNip atandarda and
ruidelinei ;
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Sec;tiqn 1. The City Council of the City of Enclewood. Colorado heniby approves
amending Title 16, Chapter 5, by creating a new SectiOD 25, of the Enclewood
MUDicipal Code which shall read u followa :
18-1-21: DESIGN STANDABD8 AND GUIDBLINE8 POil L\BGE Ill.TAIL
ESTABLISIIIIENT8:
A . PURPOSE . THIS SECTION IS INTENDED TO SET STANDARDS FOR
RETAIL DEVELOPMENT WITH COMMUNITY-WIDE OR REGIONAL
IMPACTS TO ENSURE THAT THE PROPOSED DEVELOPMENT PITS
WITH THE EXPECTATIONS AND NEEDS OF THE COMMUNITY, AND
TO ENCOURAGE RETAIL DEVELOPMENT THAT CONTRIBUTES TO
ENGLEWOOD AS A UNIQUE PLACE BY REFLECTING AND ADDING
APPROPRIATELY TO ITS PHYSICAL CHARACTER.
THESE STANDARDS AND GUIDELINES REQUIRE A BASIC LEVEL OF
ARCHITECTURAL VARIETY, COMPATIBLE SCALE, PEDESTRIAN AND
BICYCLE ACCESS, AND MITIGATION OF NEGATIVE IMPACTS. THE
STANDARDS ARE BY NO MEANS INTENDED TO LIMIT CREATIVITY;
IT IS THE CITY'S HOPE THAT THEY WILL SERVE AS A USEFUL TOOL
FOR DESIGN PROFESSIONALS ENGAGED IN SITE SPECIFIC DESIGN IN
CONTEXT WITH SURROUNDING ENVIRONMENT.
B . APPLICATION AND PRQCEDUQ. THESE .\NDARDS AND
GUIDELINES APPLY TO ALL NEW PROJECTS THAT INCLUDE A
RETAIL DEVELOPMENT OF 20,000 OR MORE SQUARE FEET AS A USE-
BY-RIGHT OR WITHIN A PLANNED UNIT DEVELOPMENT WITHOUT
EQUAL OR MORE STRINGENT RETAIL DESIGN STANDARDS AND
GUIDELINES. ALL REDEVELOPMENT PR0.JECTS OF 20,000 OR MORE
SQUARE FEET SHALL USE THIS CHAPTER AS A GUIDELINE ONLY.
'STANDARDS' ARE MANDATORY. 'GUIDELINES' ARE NOT
MANDATORY, BUT ARE PROVIDED IN ORDER TO EDUCATE
PLANNERS, DESIGN CONSULTANTS, DEVELOPERS AND CITY STAFF
ABOUT THE DESIGN OBJECTIVES DESCRIBED HEREIN. THE
STANDARDS AND GUIDELINES ARE INTENDED TO BE USED AS A
DESIGN AID BY DEVELOPERS PROPOSING LARGE RETAIL
DEVELOPMENTS IN USE-BY-RIGHT ZONE DISTRICTS OR IN
PLANNED UNIT DEVELOPMENT ZONE DISTRICTS THAT MAY BE
PROPOSING RETAIL DEVELOPMENT WITHOUT APPROPRIATE
DESIGN STANDARDS . THIS SECTION IS ALSO INTENDED TO BE USED
AS AN EVALUATION TOOL BY THE CITY STAFF AND THE PLANNING
AND ZONING COMMISSION IN THEIR REVIEW PROCESSES.
THE PLANNING AND ZONING COMMISSION IS EMPOWERED TO
GRANT EXCEPTIONS TO THE MANDATORY STANDARDS UNDER
THE FOLLOWING CIRCUMSTANCES:
1. THE STRICT APPLICATION OF THE STANDARD WOULD
RESULT IN PECULIAR AND EXCEPTIONAL PRACTICAL
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DIFFICULTIES OR EXCEPTIONAL AND UNDUE HARDSBIP
UPON THE OWNER OF THE AfflCtBD PROPERTY; Oil
2. THE ALTDNATIVB SITE PLANNING AND BUILDING
DESIGN APPROACH IIBBTS TBB Dl:slGN OB.1BCTIVBS ltB
STATED IN THE STANDAB.D, SQUALLY WELL oa BBTTBll
THAN WOULD COIIPLL\NCB WlTII TID S'l'ANDAllD; AND
3 . IN E1TBBll OF TBB POlmOODIG cmcmaTANCBS, TID
EXCEPTIONS IIAY BB GllANTSD Wl'l'BOUT stJBSTANTlAL
DE'l'BIMBNT TO TBB POBUC GOOD.
AESTHETIC CHABACTBR
1. FACADES AND UTDIOR WALLS:
GUIDELINE: FACADES SHOULD BE AllTICULATBD TO
REDUCE THE IIASSIVE SCALE AND THE UNIPOBII,
DIPEBSONAL APPEARANCES OF LAllGE RETAIL BUILDINGS
AND PROVIDE VISUAL INTEREST THAT WILL BE
CONSISTENT WITH THE COIIIIUNITY'S IDENTITY,
CHAllACTEll AND SCALE. THE INTENT IS TO BNCOUllAGE
A MORE HUIIAN SCALE THAT ENGLEWOOD BBSIDENTS
WILL BE ABLE TO IDENTll"Y WITH TBSlll COIOltJNITY.
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STANDARD :
a . FACADES GREATER THAN 75 FEET IN LENGTH,
MEASURED HORIZONTALLY, SHALL INCORPORATE
WALL PLANE PROJECl'IONS OR RECESSES HAVING A
DEPTH OF AT LEAST 3 .. OP THE LENGTH OP THE
FACADE AND EXTENDING AT LEAST 20 PERCENT OF
THE LENGTH OP THE FACADE . NO
UNINTERRUPTED LENGTH OP ANY FACADE SHALL
EXCEED 75 HORIZONTAL PEET.
b . GROUND FLOOR FACADES THAT PACE PUBLIC
STREETS SHALL HAVE ARCADES, DISPLAY
WINDOWS, ENTRY AREAS, AWNINGS, OR OTHER
SUCH FEATURES ALONG NO LESS THAN 60 PERCENT
OF THEIR HORIZONTAL LENGTH.
llfDi•cllDns / -""81 _...... ......
20% ot 1-leng9I will'I • lllinimuffl deplll flll ,,. ot 1-lar,glll
IE&J' I I I I w .' . m., ,
An1ma11n9 !eaturn SUd'I U INM muatllllll~aflllal .........
for any tacace ltlU!llng • PIIDliC ...
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2 . SMALLER RETAIL STORES:
GUIDELINE: THE PRESENCE OP SMALLER RETAIL STORES
GIVES A CENTER A 'P'RIENDLID' APPEARANCE BY
CREATING VARIETY, BREAKING UP LARGE EXPANSES, AND
EXPANDING THE RANGE OP THE SITE'S ACTIVlTIES.
WINDOWS AND WINDOW DISPLAYS OP SUCH STORES
SHOULD BE USED TO CONTRIBUTE TO THE VISUAL
INTEREST OP EXTERIOR FACADES. THE STANDARDS
PRESENTED IN THIS SECTION ARE DlllECl'ED TOWARD
THOSE SITUATIONS WHERE ADDfflONAL, SMALLER
STORES, WITH SEPARATE, EXTERIOR CUSTOMER ..
ENTRANCES ARE LOCATED IN PRINCIPAL BUILDINGS.
STANDARD:
WHERE PRINCIPAL BUILDINGS CONTAIN ADDfflONAL,
SEPARATELY OWNED STORES WHICH OCCUPY LESS THAN
TWENTY THOUSAND (20,000) SQUARE FEET OF GROSS
FLOOR AREA, WITH SEPARATE, EXTERIOR CUSTOMER
ENTRANCES:
a. THE STREET LEVEL FACADE OP SUCH STORES SHALL
BE TRANSPARENT BETWEEN THE HEIGHT OF
THREE FEET AND EIGHT FEET ABOVE THE
WALKWAY GRADE FOR NO LESS THAN 60 PERCENT
OF THE HORIZONTAL LENGTH OF THE BUILDING
FACADE OP SUCH ADDfflONAL STORES.
b . WINDOWS SHALL BE DCBS8ED OR BE EXTENDED
AND SHOULD INCLUDE VISUALLY PROIIINENT
SILLS, BAYS, OR OTBD SUCH POBIIS OF FLUIING.
3 . DETAIL FEATURES :
GUIDEUNIS: BUILDINGS SHOULD RAVE ARCHITECTURAL
FEATURES AND PATTDHS THAT PROVIDE VISUAL
INTEREST AT THE SCALE OF THE PEDESTRIAN, REDUCE
MASSIVE AESTHETIC EFFECTS, AND UCOGNIZE LOCAL
CHARACTER. THE ELEMENTS IN THE FOLLOWING
STANDARD SHOULD BE INTEGRAL PARTS OF THE
BUILDING FABRIC, AND NOT SUPERFICIALLY APPLIED
TRIM OR GRAPIIICS, OR PAINT.
STANDARD :
BUILDING FACADES SHALL INCLUDE A UPEATING
PATTDH THAT SHALL INCLUDE ALL THREE OP THE
ELEMENTS LISTED BELOW. AT LEAST ONE OF THESE
,,
ELEMENTS SHALL REPEAT HORIZONTALLY. ALL I ELEMENTS SHALL REPEAT AT INTERVALS OF NO YORE • THAN THIKTY (30) FEET, EITRBll HORIZONTALLY OR
VERTICALLY .
a . COLOR CHANGE 0
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b . TEXTURE CHANGE
c . MATERIAL MODULE CHANGE
EXPRESSION OF ARCBITBC'l'UllAL OR STRUCTURAL BAY
THROUGH A CHANGE IN PLANE NO LESS THAN 12 INCHES
IN WIDTH, SUCH AB AN OFFSET, REVEAL, OR PROJECl'ING
RIB .
structural bay layout
Ezpreuim of Architecanl or Sll'UClllnl Bay.
4 . ROOFS:
GUIDELINE: VARIATIONS IN ROOF LINIS SHOULD BE USED
TO ADD INTEllEST TO, AND DDUCE THE IIA8SIVB SCALE
OF, LARGE BUILDINGS. ROOF rBATOUS SHOULD
COIIPLEIIENT THE CHARACTD OF ADJOINING
NEIGHBORHOODS .
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STANDARD:
ROOFS SHALL HAVE NO LESS THAN TWO OF THE
FOLLOWING FEATURES:
__.......,.. -----11Sfll• .... _...,.
a. PARAPETS CONCEALING FLAT ROOFS AND
ROOFTOP EQUIPMENT SUCH AS HVAC UNITS
FROM PUBLIC VIEW. THE AVERAGE HEIGHT
OF SUCH PARAPETS SHALL NOT EXCEED 15,.
OF THE HEIGHT OF THE SUPPORTING WALL
AND SUCH PARAPETS SHALL NOT AT ANY
POINT EXCEED ONE-THIRD OF THE HEIGHT
OF THE SUPPORTING WALL. SUCH PARAPETS
SHALL FEATURE THREE DIMENSIONAL
CORNICE TREATMENT. HVAC EQUIPMENT
SHALL BE CONCEALED FROM PUBLIC VIEW
THROUGH THE USE OF PARAPETS OR OTHER
SIMILAR SCREENING DEVICES. HV AC
EQUIPMENT SHALL BE PAINTED TO BLEND
WITH THE ROOF COLOR.
b. OVERHANGING EAVES, EXTENDING NO LESS
THAN 3 FEET PAST THE SUPPORTING WALLS.
c . SLOPING ROOFS THAT DO NOT EXCEED THE
AVERAGE HEIGHT OF THE SUPPORTING
WALLS, WITH AN AVERAGE SLOPE GREATER
THAN OR EQUAL TO 1 FOOT OF VERTICAL
RISE FOR EVERY 3 FEET OF HORIZONTAL RUN
AND LESS THAN OR EQUAL TO 1 FOOT OF
VERTICAL RISE FOR EVERY 1 FOOT OF
HORIZONTAL RUN .
d. THREE OR MORE ROOF SLOPE PLANES.
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5. MATERIALS AND COLORS:
GUIDELINE: EXTDIOR BUILDING MATERIALS AND
COLORS COMPRISE A SIGNIFICANT PART or THE VISUAL
IMPACI' or A BUILDING. TIIERBPORE, TREY SHOULD BE
Al!iS"tHE'fiCALLY PLIWJING AND COMPATIBLE WITH
IIATBRIALS AND COLORS USED IN AD.JOINING
NBIGRBORROODS .
STANDARD:
•• PRBDOIIINANT EXTERIOR BUILDING
MATBRIALS SHALL BE IUGR QUALITY ..
MATBRIALS. TIIBSE INCLUDE, WITHOUT
LDIITATION:
(1.) BRICK
(2.) WOOD
(3.) SANDSTONE
<•.> STUCCO
(5 .) OTHER NATIVE STONE
(6 .) TINTED,TEXTURBD,CONCRETE
MASONRY UNITS
b. FACADE COLORS SHALL BE LOW
REPLECTANCE, SUB'n.B, NEUTRAL OR EARTH
TONE COLORS . THE un: or IUGB INTENSITY
COLORS, IDTAWC COLORS, BLACK OR
FLUORESCENT COLOBS IS PROHIBITED .
c. ROOP MATEIUALS SHALL BE or IUGR
QUALITY IIATDIALS. TRBSE INCLUDE
WITHOUT LDIITATION:
(1 .) METAL
(2.) CONCRETE
(3 .) TILE
d . BUILDING TRDI AND ACCENT AREAS MAY
FEATURE BRIGBTD COLORS, INCLUDING
PRIMARY COLORS. .. PREDOMINANT EXTERIOR Bun.DING
MATERIALS SHALL NOT INCLUDE THE
FOLLOWING:
(1.) SMOOTH-FACED CONCRBTI BLOCK
(2 .) TILT-UP CONCRJ:TZ PANELS
(3.) PRE-FABRICATED 8TDL PANELS
<•-> POUUI> IN PLACE CONCUTI .,
6 . ENTRYWAYS : I •
GUIDELINES: ENTRYWAY DESIGN SLDIBN'l'S AND
VARIATIONS SHOULD GIVE OIUDTAffON AND
AESTHETICALLY PLEASING CIIARACTD TO TBS
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BUILDING. THE STANDARDS IDENTIFY DESIRABLE
ENTRYWAY DESIGN FEATURES.
STANDARD:
EACH PRINCIPAL BUn.DING ON A SITE SHALL HAVE
CLEARLY DEFINED, IUGID.Y VISIBLE CUSTOMER
ENTRANCES FEATURING NO LESS THAN THREE OF THE
FOLLOWING:
a. CANOPIES OR PORTICOS
b. OVERHANGS
c. RECESSES/PROJECTIONS
d. ARCADES
e. RAISED CORNICED PARAPETS OVER THE
DOOR
f. PEAKED ROOF FORMS
r . AllCBES
b . OUTDOOR PATIOS
i . DISPLAY WINDOWS
j . ARCHITECTURAL DETAILS SUCH AS TILE
WORK AND MOLDINGS WHICH ARE
INTEGRATED INTO THE BUILDING
STRUCTURE AND DESIGN
Ir.. INTEGRAL PLANTERS OR WING WALLS THAT
INCORPORATE LANDSCAPED AREAS AND/OR
PLACES FOR srrrING.
WHERE ADDfflONAL STORES WILL BE LOCATED IN THE
PRINCIPAL BUn.DING, EACH SUCH STORE SHALL HAVE AT
LEAST ONE EXTEBIOR CUSTOMER ENTRANCE, WHICH
SHALL CONPORII TO THE ABOVE REQUlllEMENTS.
7 . BACK AND SIDE FACADES:
GUIDELINE: ALL FACADES OF A BUn.DING WHICH ARE
VISmLE FROM ADJOINING PROPERTIES AND/OR PUBLIC
STREETS SHOULD CONTRIBUTE TO THE PLEASING SCALE
FEATURES OF THE BUn.DING AND ENCOURAGE
COMMUNITY INTEGRATION BY FEATURING
CHARACTERISTICS SIMILAR TO THE FRONT FACADE.
STANDARD :
ALL BUILDING FACADES WHICH ARE VISIBLE FROM
ADJOINING PROPERTIES AND/OR PUBLIC STREETS SHALL
COMPLY WITH THE REQUIREMENTS OF FACADES AND
EXTERIOR WALLS SECTION OF THESE DESIGN STANDARDS
AND GUIDELINES.
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D . SITE DESIGN AND RELATIONSlilP TO THE SURROUNDING
COMMUNITY
1. ENTRANCES :
GUIDELINE: LARGE RETAIL BUILDINGS SHOULD FEATURE
MULTIPLE ENTRANCES . MULTIPLE BUILDING ENTRANCES
REDUCE WALKING DISTANCES FROM CARS, FACILITATE
PEDESTRIAN AND BICYCLE ACCESS FROM PUBLIC
SIDEWALKS, AND PROVIDE CONVENIENCE WHERE
CERTAIN ENTRANCES OFFER ACCESS TO INDMDUAL
STORES, OR IDENTIFIED DEPARTMENTS OF A STORE.
MULTIPLE ENTRANCES ALSO MITIGATE THE EFFECT OF
THE UNBROKEN WALLS AND NEGLECTED AREAS THAT
OFTEN CHARACTERIZE BUILDING FACADES THAT FACE
BORDERING LAND USES.
STANDARDS:
ALL SIDES OF A PRINCIPAL BUILDING THAT DIRECTLY
FACE AN ABUTTING PUBLIC STREET SHALL FEATURE AT
LEAST ONE CUSTOMER ENTRANCE . WHERE A PRINCIPAL
BUILDING DIRECTLY FACES MORE THAN TWO ABUTTING
PUBLIC STREETS, THIS REQUIREMENT SHALL APPLY ONLY
TO TWO SIDES OF THE BUILDING, INCLUDING THE SIDE OF
THE BUILDING FACING THE PRIMARY STREET, AND
ANOTHER SIDE OF THE BUILDING FACING A SECOND
STREET .
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Example of a development with customer ena-ances on all sides wbich face a public sueet.
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2 . PARKING LOT ORIENTATION:
GUIDELINE: PARKING AREAS SHOULD PROVIDE SAFE,
CONVENIENT, AND EFFICIENT ACCESS. THEY SHOULD BE
DISTRIBUTED AROUND LARGE BUILDINGS IN ORDER TO
SHORTEN THE DISTANCE TO OTHER BUILDINGS AND
PUBLIC SIDEWALKS AND TO REDUCE THE OVERALL SCALE
OF THE PAVED SURFACE. IP BUILDINGS ARE LOCATED
CLOSER TO STREETS, THE SCALE or THE COMPLEX IS
REDUCED, PEDESTRIAN TRAFFIC IS ENCOURAGED, AND
ARCHITECTURAL DETAILS TAKE ON ADDED IMPORTANCE. ..
STANDARD:
NO MORE THAN 70 PERCENT or THE OFF-STREET PARKING
AREA FOR THE ENTIRE PROPERTY SHALL BE LOCATED
BETWEEN THE FRONT FACADE or THE PRINCIPAL
BUILDING<Sl AND THE PRDIARY ABUTl'ING STREET.
3 . BACK AND SIDES:
GUIDELINE: THE REAR OR SIDES or BUILDINGS OFTEN
PRESENT AN UNATTRACTIVE VIEW OF BLANK WALLS,
LOADING AREAS, STORAGE AREAS, HVAC UNITS, GARBAGE
RECEPTACLES, AND OTHER SUCH FEATURES.
ARCHITECTURAL AND LANDSCAPING FEATURES SHOULD
IIIITIGATE THESE IMPACTS.
STANDARD:
THE MINIMUM SETBACK FOR ANY PRDIARY BUILDING
FACADE SHALL BE TIURTY-FIVE (35) FEET FROM THE
NEAREST PROPERTY LINE. SCRDNING WALLS IIAY BE
PLACED CLOSER TO THE STREET SO LONG AS THE FACADE
IS IN COMPLIANCE WITH STANDARDS SET FORTH WITIDN
THE FACADES AND EXTERIOR WALLS SECTION. WHERE
THE FACADE PACES ADJACENT BESIDENTIAL USES OR
PUBLIC STREET, AN EARTHEN BBBII, NO LESS THAN 3 FUT
IN HEIGHT, CONTAINING AT A MINDIUM, EVERGREEN
TREES PLANTED AT INTERVALS or 20 FUT ON CENTER OR
IN CLUSTERS OR CLUMPS, SHALL BE PROVIDED.
,. OUTDOOR STORAGE, TRASH COLLECTION, AND LOADING
AREAS :
GUIDELINE: LOADING AREAS AND OUTDOOR STORAGE
AREAS EXERT VISUAL AND NOISE IMPACTS ON
SURROUNDING NEIGHBORHOODS. THBSE AREAS, WHEN
VISmLE PROM ADJOINING PROPBRTID ANM>R PUBUC
STREETS, SHOULD Bl SCUBNID, UCasBD OR INCLOUD. I WHILE SCREENS AND UCB88l8 CAN D'nCTIVELY • IIIITIGATE THESE DIPACT8, TRI IILICnON or
INAPPROPRIATI SCRDNING MATDIALS CAN
EXACERBATI THE PROBLUI. APPaOPIUATI LOCATIONS
FOR LOADING AND OUTDOOa 8TOMGS Aa&AS INCLUDI
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AREAS BETWEEN BUILDINGS, WHERE MORE THAN ONE
BUILDING IS LOCATED ON A SITE AND SUCH BUILDINGS
ARE NOT MORE THAN 40 FEET APART, OR ON THOSE SIDES or BUILDINGS THAT DO NOT RAVE CUSTOMER
ENTRANCES .
STANDARD:
a. AREAS FOR OUTDOOR STORAGE, TRUCK
PARKING, TRASH COLLBcrION OR
COMPAC'nON, LOADING, OR OTHER SUCH
USES SHALL NOT BE VISIBLE FROM ABU'ITING
STREETS.
b. NO AREAS FOR Otrl'DOOR STORAGE, TRASH
COLLBCTION Oil COIIPAcrION, LOADING, OR
OTBEll SUCH USB8 SBALL BE LOCATED
WlTBIN 20 PDT or ANY PUBLIC STREET,
PUBUC SIDEWALK, Oil INTERNAL
PEDESTlllAN WAY.
c. LOADING DOCKS, TRUCK PARKING, OUTDOOR
STORAGE , UTILITY IIBTDS, HV AC
EQUIPMENT, TRASH COLLBC'nON, TRASH
COIIPAC'nON, AND OTBEll SERVICE
FUNcrIONS SHALL BE INCOllPORATED INTO
THE OVERALL DESIGN or THE BUILDING AND
THE LANDSCAPING SO THAT THE VISUAL
AND ACOUfflC DIPACTS or THESE
FUNC'nONS ARE FULLY CONTAINED AND
OUT or VIEW rllOII ADIACENT PROPERTIES
AND PUBUC STIDTS, AND NO ATTENTION IS
AffllACTBD TO THE FUNcrIONS BY THE USE
or SCREBNING IIATBIUALS THAT ARE
DIFFERENT rROII OR INrDIOR TO THE
PRINCIPAL MATDIALS or THE BUILDING
AND LANDSCAPE.
d . NON-ENCLOSED ABBAS FOR THE STORAGE
AND SALE or ANY INVBNTORY SHALL BE
PUIIANBNTLY DD'INED AND SCREENED
WITH WALLS ANDIOll FENCES. MATElllALS,
COLOllS, AND DESIGN or SCRDNING WALLS
ANDIOR nNCES AND THE COVER SHALL
CONFORM TO THOSE USED AS PREDOMINANT
IIATDIALS AND COLOllS ON THE BUILDING .
Ir SUCH AREAS ARE TO BE COVERED, THEN
THE COVEBING SHALL CONFORM TO THOSE
USED AS PUDOIIINANT IIATDIALS AND
COLOllS ON THE BUILDING.
PEDESTRIAN FLOWS :
GUIDELINB : PEDESTRIAN ACCE8SIBILITY OPENS AUTO-
ORIENTED DEVELOPIIENTS TO THE NEIGIDOllHOOD,
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THEREBY REDUCING TRAFFIC IMPACTS AND ENABLING
TBB DEVELOPMENT TO PROJECT A FRIENDLIER, MORE
INVITING DIAGE. THIS SECTION SETS FORTH STANDAllDS
FOR PUBLIC SIDEWALKS AND INTD.NAL PEDESTB.IAN
CDlCULATION SYSTEMS THAT CAN PROVIDE USER-
PRIENDLY PEDESTRIAN ACCESS AS WELL AS PEDESTB.IAN
SAFBTY, SHELTER, AND CONVENIENCE WITHIN THE
CENTER GROUNDS .
STANDARD: .. SIDEWALKS AT LEAST BIGHT (8) FEET IN
WIDTH SHALL BE PROVIDED ALONG ALL
SIDBS or THE LOT TBAT ABtrl' A PUBIJC ..
STREIT.
b. CONTINUOUS INTBBNAL PEDESTRIAN
WALKWAYS, NO LESS 'l1IAN BIGHT (8) PEET
IN WIDTII, SHALL BE PROVIDED FROM THE
PUBUC SIDEWALK oa RIGHT-OF-WAY TO
THE PIINCIPAL CUSTOIIEll ENTRANCE OF
AU. PIINCIPAL BUILDINGS ON THE SITE. AT
A IIINIIIUII, WALKWAYS SHALL CONNECT
FOCAL POINTS OF PEDBSTRIAN ACTMTY
SUCH AS, Btrl' NOT LDllTED TO, TRANSIT
STOPS, STUET CllOSSINGS, BUILDING AND
STORE ENTRY POINTS, AND SHALL FEATURE
ADJOINING LANDSCAPED AREAS TBAT
INCLUDES TREES, SHRUBS, BENCHES,
FLOWER BEDS, GROUND COVERS, OR OTBBR
SUCH IIATDIALS FOR NO LESS THAN FIFTY
(50) PERCENT or ITS LENGTH.
C . SIDEWALKS, NO LESS 'l1IAN 8 FEET IN WIDTH,
SHALL BE PROVIDED ALONG THE FULL
LENGfllOFTBBBUILDINGALONGANY
FACADE FEATURING A CUSTOMER
ENTRANCE, AND ALONG ANY FACADE
ABtrl'TING PUBUC PARKING AREAS. SUCH
SIDEWALKS SHALL BE LOCATED AT LEAST SIX
(8) nBT rao11 THE FACADE or THE BUILDING
TO PROVIDE PLANTING BEDS FOR
FOUNDATION LANDSCAPING, EXCEPT
WHERE FIATUUS SUCH AS ARCADES OR
ENTRYWAYS AU PART or THE FACADE.
d . INTERNAL PEDBSTIUAN WALKWAYS
PROVIDED IN CONFORMANCE WITH PART (B)
ABOVE SHALL PROVIDE WEATHER "'
PROTECTION FIATURBS SUCH AS AWNINGS I OR AllCADES WITHIN THl1lTY (30) FEET or • AU. CUSTOMBll ENTRANCES . .. ALL INTIRNAL PBDBSTRIAN WALKWAYS
SHALL BB DlfflNGUISIDD FROII DRIVING
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SUUACBS THROUGH TRI USE OF DURABLE,
LOW IIAINTENANCE SURFACE IIATEIUALS
SUCH AS PAVBBS, BBJCKS, OB SCOllED
CONCBBTB TO BNBANCE PIDBSTBIAN
SAPETY AND COMPORT, AB WELL AB TRI
ATTRACTIVENBSS OF TRI WALKWAYS .
6 . CENTRAL FEATURES AND COIOIUNITY SPACES:
GUIDELINB: BUILDINGS SHOULD OPPD A'l"l'BACTIVE AND
INVITING PBDESTBIAN SCALE FEATURES, SPACES, AND
AMENITIBS. ENTRANCES AND PARKING LOTS SHOULD BB
CONl"IOUllED TO BB PONCTIONAL AND INVITING WlTR
WALKWAYS CONVENIENTLY TIBD TO LOGICAL
DESTINATIONS. BUS STOPS AND DROP-Off/PICK-UP
POINTS SHOULD BB CONBIDBIBD AS INTSGJlAL PARTS OF
THE CONFIGURATION . PBDBS'l'RIAN WAYS SHOULD BB
ANCBOBED BY 8PICIAL DESIGN PL\TUDS SUCH AS
TOWERS, ARCADES, POfflCOS, PBDESTBIAN UGBT
FIXTURES, BOLLABJ>S, PI.ANTIil WAU.S, AND OTHD
ARCHITECTURAL BLBIIBNTS THAT DD'INB cmcuLATION
WAYS AND OUTDOOR SPACBS, DAIIPLBS OF OUTDOOR
SPACES Alli: PLAZAS, PATIOS, COURTYABDS, AND WINDOW
SHOPPING ABBAS. TRI rBATURBS AND SPACBS SHOULD
ENHANCE TRI BUILDING AND TRI CBNTD AS INTEGRAL
PARTS OF TRI COIOIUNITY FABRIC.)
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STANDARD:
EACH RETAIL DEVELOPMENT SUBJBC'l' TO THESE
STANDARDS SHALL CONTRIBUTB TO THE
ESTABLISHIIENT OR BNIIANCBIIBNT OP COMMUNITY AND
PUBLIC SPACBS BY PllOVIDING AT I.BAST TWO OF THE
FOLLOWING: PATIOIBBATING ABBA, PEDESTRIAN PLAZA
WITH BBNCBBS, TRANSPORTATION CBNTER, WINDOW
SHOPPING WALKWAY, OUTDOOR PLAYGROUND AREA.
KIOSK ABBA, WATD PIATUD, CLOCK TOWEil, OR OTHER
SUCH DBIJBBBAT&LY SIIAPBD ADA AND,'OB A FOCAL
FEA"nJllB OR AIIDflff THAT, IN TID .rtJDGIIENT OP THE
PLANNING AND ZONDfG COIIIIIBIION, ADEQUATELY
ENIIANCBS SUCH COIIIIUNlTr AND PUBLIC SPACES . ANY
SUCH ABBAS SIIAU. RAVB DIDCT ACCS8S TO TBB PUBLIC
SIDEWALK NB'l'WOIU[ AND SUCH PIATUBBS SHALL NOT BE
CONSTRUCTED OF IIATB81ALS THAT AD INPBBJOB TO
THE PRINCIPAL IIATB81ALS OF TBB BUILDING AND
LANDSCAPING.
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7. DELIVERY/LOADING OPERATIONS :
GUIDELINB: DELIVEllY AND LOADING OPERATIONS
SHOULD NC1r DISTUBB ADJOINING NEIGHBORHOODS, OR
OTHER USBS.
STANDAllD:
NO DSLIVDY, LOADING, TRA8B RBIIOVAL OR
COMPACTION, OR OTBD SUCB OPERATIONS SHALL BB
PBRIOTTID Bl"l'W.IBN THI HOURS OF 10:00 P .II. AND 7:00
A.II. UNLBSS TBB AJIPUCANT SUBlllTS BVIDENCE THAT
SOUND BARBJBIS BBTW&&N ALL AB&AS FOR SUCH
OPERATIONS DPICTIVSLY DDUCE NOISE DIISSIONS TO
A LBYBL OF FOll'lT-PIVB ('6) DB, AS IIIWJURBD AT TBI LOT
LINB OF AMY ADIOINING PBOPDTY.
COLLECTOR STREET SYSTBK:
GROCERY STOBB :
LARGE RETAIL
ESTABLISHMENT :
RETAIL ESTABLISHMENT
(alao !mown u Ntail .... , :
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SHALL MEAN A SYSTEII OF ONE
(1) OR KORE COLLECTOR
STREET<S) THAT ALLOWS
TRAfflC TO BE DISTRIBUTED TO
AT LEAST TWO (2) ARTDIAL
STREETS.
SHALL IIBAN A RETAIL
18T.ABU8BND1T PRINARD ~
IIBLLING FOOD, AS wm.L AS
OTBD CONVBNIENCB AND
BOUSBIIOLD GOODS, WHICH
OOCUPml A SPACE OP NO'I' ta8
TRAN FOUR TBOUBAMD (4,000)
SQUAD PDT AND NC1r IIORB
TRAN TWBNTY THOUSAND
(30,000) SQUAD PDT.
SHALL IIBAN A UT.AIL
18TABLQQQRNT, OR AMY
COIIBINATION OP UT.AIL
18T.ABJIBHlRNTS IN A SINGLE
BUILDING, OOCUPYING IIORB
TRAN TWBNTY THOUSAND
(20,000) GROIS SQUAD PDT OF
FLOOR AREA.
SHALL IDAN AN
ISTABLISIDDNT IN WHICH
Sirl'Y <to> PBBCSNT OR IIORB OF
TBI GROl8 FLOOR AHA 18
DIVOflD TO THI SAL& OR
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RENTAL OF GOODS OR
IIERCBANDISE TO THE
GENERAL PUBUC FOR
PERSONAL OR HOUSEHOLD
CONSUMPTION OR TO SERVICES
INCIDENTAL TO THE SALE OR
RENTAL OF SUCH GOODS OR
MERCHANDISE.
SHALL MEAN A RETAIL
ESTABLISHMENT PRDIARIL Y
SELLING FOOD, AS WELL AS
OTHER CONVENIENCE AND
HOUSEHOLD GOODS, WHICH
OCCUPIES A SPACE OP NOT LESS
THAN TWENTY THOUSAND,
ONE (20,001) SQUAD PEET.
Sed;iqn a Stfctx CJauw The City Council, banby tbula, cletermiw, and
declarea that tbia O.rdiDance ia promulpted mader tbe paeral police puww of tbe
City of En,lewoocl, 11a it ia promulpt,ed for tbe balth, ..r.ty, and welfare of tbe
public, and that tbia Ordinance ia ~ for tbe ~ ratiall of bMltb and
safety and for tbe protec:tiCJD of public conffDience and welfare. 'l1le City CoUDcil
further determiD• 1111& tbe OrdiJwu:e bean a ratiooal relatioD 1D tbe proper
leewative object aoupt to be obtaiDecl.
Sec;tigp 4 S.xvehiJity If any clauae, NDtmce, parqrapb, er part of tbia
Ordmance or tbe applicatiCJD tbareaf 1D any plll'ICID er circwutanc:et aba1l for any
reuon be adjudpd by a court of Clllllpat.at juriadiction illnlid, IUCb juqment
aba1l DOt aft'ec:t impair or ill•alidate tbe -.iDder of tbia Ordinance er ita
applicatiCJD to other penCID8 or ~-
$ectigg, 5 Irmrpjmrnt Ordineocee All otba-Ordinancea or partiau tbereaf'
illcouiatent or conflic:tiq with dlia Ordinance er any portion bereaf are benby
repealed to the atent of aucb iDC:onliat.-ey or c:aa1lic:t.
S@s:tiqp 6 Eff'td g( DIDMI gr wodiflcetjpp The repeal or modiftcation of any
provision of the Code of tbe City of En,lewood by tbia Ordinance aba1l not releue,
utiquilh, alter, modify, or c:baDp ill whole or iD part any penalty, forfeiture, or
liability, either civil or crimiDal, which aba1l have been illcuned under auch
provision, and each proviaion aball be treated and beld • atill remaiDiDf ill force
for tbe JN1110N1 of IUltaiDiDf aD)' and all proper ac:tiom, auitl, proceedillp, and
proaec:utiCIDI ror tbe eafmrment aftbe penalty, forfeiture, or liability,• well• for
tbe purpca of IUltaiDiDc any judplent, decree, er order which can er may a.
rendered, entered, or made iD aucb adiom, auita, proceedillp, or ~-
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Sec;ticn 7. fmalix. Tbe Penalty PrmaioD of E.M.C. Sec:tiaD 1-4-1 aball apply to
each and every violation of tbia Ordinanm.
Introduced, read ID full, and pa.uecl OD &wt readinc OD the 7th day of October, 1996.
Pablilbed u a Bill far a Orclmace OD the 10th day of<>ct.aber, 1996.
Tlumaa J. Burm, lla,or
ATTEST:
Loacriabia A. E1lia, City Clerk
I, Loucriabia A. E1lia, City aark olthe City of ........ Colando, banbJ catify
that the abaft and ....... ia • er. capJ of a am far a Ordbumce. bdndaced,
read in full, and pa.uecl OD flnt readinc OD the 7th day ol<>cliablr, 1996.
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Staff Report
To: Englewood Planning and Zoning Commission
From : Robert Simpson. Neighborhood and Business Development Manager
Date: August 29, 1996
PZC date: September 4, 1996
Subject: Large Format Retail Daip Standards and Gaiclelhaes
Englewood Comprebemlve Zonia& Ordinance Amendment OR-96-14
RECOMMENDATION
Staff recommends that Planning and Zoning Commission approve the Comprehensive Zoning
Ordinance Amendment OR96-04 for Large Format Retail Design StaMards and Guidelines and
recommend that the ordinance amendment be forwarded to City Council for final approval.
INTRODUCTION
Englewood faces a future of change and community renewal. This future presents some very
exciting opportunities but also some very serious concerns. In light of these opportunities and
concerns, the City staff has started work on updated regulatory tools to better deal with the
market place, improved development standards, and community expectations. Staff is
continuing efforts to revise the overall zoning ordinance, bo~er. this proposed amendment is
one portion in what would be a revised set of Property Development Standards.
BACKGROUND/DISCUSSION
This proposal serves to introduce new regulations regarding design standards and guidelines for
large format retail businesses. This proposal provides the opportunity to bring forward standards
and guidelines that will ensure that development of large format retail businesses fit with the
expectations and needs of the community.
The standards and guidelines arc intended to encourage development that conttibutcs to
Englewood as a unique place by reflecting its physical cbaracter and addina to it in appropriate
ways . Large retail developments depend on high visibility from major public streets. In tum,
their design determines much of the character and annctiveness of major streetscapes in the city .
The marketing interests of many corporations, even with strona input by professional desipers,
can be potentially detrimental to community aspirations and sense of place when they result in
massive individual developments that do not contribute to or intcpatc with the city in a positive
way .
These standards and guidelines require a basic level of architectural variety, compatible scale,
pedesttian and bicycle access, and mitigation of negative impacts. The standards are not .. ,
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intended to limit creativity. They are intended to serve u a 111eful tool for design professionals
engaged in site specific design.
Staff bas previously discussed the issue of imap and design in the context of the recently
approved Planned Unit Development ordinance. The draft ordinance is intended to be maaed
into one chapter with other mning regulations relating to landlC8pina, fencing, pmldna, loading.
and signage. The purpose of the regulatory cbanaa and moving them into one comprebmsive
chapter is to ensure coordination of all the various regulatory sections relating to property
development. It is still anticipated that landscapina will come forward for Plannin& and Zoning
Commission consideration during 1996.
cc : OR 96-04 File
attachment Large Format Retail Design Standards draft ordinance
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MA Tl'ER OF CASE IOR-96-04 )
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING )
TO AN AMENDMENT TO THE COMPRE-)
IIENSIVE ZONING ORDINANCE TO )
IMPLEMENT LARGE FORMAT RETAIL )
DESIGN STANDARDS AND GUIDELINES )
)
INITIATEDBY: )
Neipborbood ud Jb...,._ )
Development )
)
FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMJSmON
Commission Members Present:
Commission Members Absent :
Garrett, Shoop, Tobin, Weber, Douglas, Dummer
Horner,Mason,Rcdpath
This matter was beard before the City Planning and Zoning Commission on September 4,
1996, in the City Council Chambers of the Enaiewood City Hall .
Testimony was received from staff. The Commission received notice of Public Hearin&, and
the Staff Repon, which were incorporated into and made a pan of the record of the Public
Hearing.
No public was present to testify OD Ibis issue .
After considering the swanems of the witnesses, and reviewjDa the pettiDem ~. the
members of the City Planning and ZoniD& Commission made the followina Findinp and Con-
clusions .
1.
2 .
FINDINGS Of FACT
TBA T the proposed amendments to the Comprebcmivc ZoniD& Ordinance were initi-
ated by the Office of Neighborhood and Business Development at the directive of
Englewood City Council.
TBA T notice of the Public Hearina WU published in the Epglpogd lmlld OD Aupst
22. 1996.
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3. THAT Director Simpson testified to the nature and intent of the proposed amendments
to the Comprehensive Zoning Ordinance, that being establishment of standards and
guidelines to assure high quality new development projects as well as redevelopment
projects.
4. THAT no one was in attendance to speak in suppon of or in opposition to the proposed
amendments.
CONCLUSIONS
1. TBA T notice of the Public Hearing was properly given by publication in the f.a&k:
~ lkillsl on August 22, 1996.
2 . THAT the Planning and Zoning Commission determined the proposed amendments will
establish standards and guidelines for Large Format Retail development and redevelop-
ment projects in the City of Englewood, and will be used to assure quality projects in
the City of Englewood.
DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that the Com-
prehensive Zoning Ordinance should be amended to enact a new §16-5-8, Desip SWidards
and Guidelines for 1...arJe Retail Establisbmellls, and remunber IUblequenl ICCtiom of 1be
Comprehensive Zoning Ordinance appropriately.
The decision was reached upon a vote on a motion made at 1be meetin& of 1be City Planning
and Zooina Commission on Sepcrmber 4, 1996, by Tobin, seconded by Dummer, wbicb mo-
tion states:
TM Planning Commission recommend approval of Case IOR-9fH>4, OIM1ldl!d as follows:
1. • TMse standards and guit.klines apply to all NEW projects that inclwu a Mail dewl-
oprMnt of 20.000 or more sq1111Te fen as a ,ue-by-righl or within a plannld IUlit dewl-
oprMnt withoul equal or more stringent Mail tksign SIIWlards and gllideliMs . ALL
REDEVELOPMENT PROJECTS OF 20,000 OR MORE SQUARE FEET SHAlL USE
THIS CHAPTER AS A GUIDELINE ONLY. Standards an ... •
2.
3.
Page 31 . 112 : Al'Mnd graphic dqiction to rqkct 75' rotlter than JOO'.
Page 32. 113. Standard : Stria words •no kss than· and Sllbstitllle ·a11 •.
4. Page 34. ll5e : Stria ·shotdd • and sllbstitllle ·shall·.
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The vote:
AYES:
NAYS:
ABSTAIN:
ABSENT:
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Tobin, Dummer, Weber, Shoop, Garrett, Douglas
None
None
Mason, Homer, Redpalb
The motion carried.
These Findinp and Conclusions ue effective u oftbe meetina on Sep(embn 4, 1996.
BY ORDER OF THE CITY PLANNING A ZONING COMMISmON
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COUNCn. COMMUNICATION
DATE: November 4, 1996 AGENDA ITEM SUBJECT: Day Cale in
g b Jlelidedill Zone Districls
INITIATED BY: Office of Neighborhood STAFF SOURCE: Harold Stitt,
and Business Development Planning Community Coordinator
COUNCIL GOAL AND PREYIQUS COUNCIL ACTION;
Quality of Life, Economic Development
The issue of day care in residential zone districts came to the attention of City Council as a
result of a code enforcement action taken against a day care provider operating within the R-1-
A Zone District. Subsequent to that action, several day care providers requested that City
Council consider amending the zoning regulations governing day care in the residential zone
districts. On June 3, 1996, in response to this issue, City Council impoled a six month
moratorium on further code enforcement actions against such home day<are facilities, and
directed staff to prepare amendmems regulating such activities in the City of Englewood.
On October 7, 1996, City Council set a Public Hearing on this matter for November 4, 1996.
RECOMMENDED ACTION;
Staff recommends approval of the propoeed amendmeol to the Comprehensive Zoning
Ordinance pcnaining to home day-care in residealial zone districts.
BACKGROUND, ANALYSIS. AND ALTQNADm IDENTIFIED;
Home day-care is currently allowed as a home occupation in all residential districts except the
R-1-A . The staff, in reviewing the home day care situation city-wide, provided the Planning
Commission a comprehensive amendment addressing home day care in all residential zone
districts and not just the R-1-A Zone District .
The proposed amendments are based on the cumnt State of Colorado Department of Human
Services, Division of Child Care Nies regulatina child care homes. These regulations define
H IGROUP\BOAllDSIPLANCOMM\COUNCIL COMMICASE OR096--0J CC .DOC
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ORDINANCE NO. _
SERIES OF 1996
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO. 5'
INTRODUCED BY COUNCIL
MEMBER_~~~~~
AN ORDINANCE AMENDING TITLE 16, CHAPTERS, AND 8, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO THE REGULATION
OF HOME DAY CARE FACILITIES IN THE R-1-A ZONE DISTRICT.
WHEREAS, day care bom• 1~ ill tbe R-1-A 7.oae Diltrict appaoadwd City
Council requesting that the Zoninc Ordinance be amendad ill aame 11W1Der to allow
home day care ill the R-1-A Zone Diatriet; and
WHEREAS, the Eqlewood City Comu:il Baolutian No. 52, Serial m 1996,
established a policy to ceue Z01UDf enforcement for day care buain-in the R-1-A
district that were licenaed by the State of Colorado and operat:illc prior to June 3, 1996;
and
WHEREAS, tbia limit to zoning enforcement ia eft'ec:tive from June 3, 1996 through
October 21, 1996 and only applies to the prohibition of a day care buailleu ill the R-1-A
and not to other provmom of the Eqiewood Municipal Code; and
WHEREAS, City Council direc:tecl the Neipborbood and Builleu Development
Staff' to review the situation and prepan a recommended courae of action; and
WHEREAS, tbia Ordinance would permit home day care u a CoaditiODal Uae ill
the R-1-A Zone Diatriet; and
WHEREAS, tbeH amendmentl are bMed cm the carrat Colando Dlpartment of
Human Servicee, Diviaion of Child Care nai. np1atmc child can bmaea;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tiqp 1. '1be City Council of tbe City « .....,_., Colando banbJ apprcwea
amendinf Title 16, Chapter ,, Section 2, Pnamble m tbe laclawoocl Municipal
Code.
lM-1: ll-1-A, SINGLE-PAMILY RMDIINCB Dl8'l'BICI': Thia Diatrict ia
compoeed of certain quiet, low-clemity naidential areu of the City. The
reeulationa for tbia Diatrict are deaiped to atabili&e and prutect the euential
characteriatica of the Diatrict, EXCEPI' FOR CERTAIN CONDfflONAL USES
WHICH ARE CONTROLLED BY SPECIFIC LDIITATIONS GOVERNING THE
SIZE AND EXTENT OF SUCH USES and to pnaote and enc:ourap a auitable
environment for family life. To th-enda, development ia limited to a relatively
low concentration, and pennitt.ed -are limited buically 111 ain1le-family
dwellinp, educational inatitutiom and relipoua illatitutiona, plua certain public
facilitiea, which Hrve the naidenta m the Diatrict.
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three types of home day care: family child care home, infant/toddler home , and large day care
home. The numbers of children that may be cared for vary with each category, with the "large >
child-care home" allowing a maximum of 12 children. The proposed amendment would allow
"family child-cue homes" and "infam/toddler homes" u a Conditional Use only in the R-1-A
District. The amendmenl would also allow "family child-care homes" and "infalf/toddler
homes" u a home occupation in the R-1-B, R-1-C, R-2, R-2-C, R-3, and R-4 Zone Districts.
The "large child cue-home" , similar to what the Zoning Ordinance curredly clauifies as a
"small child-care ceder" and would be allowed only as a Conditional Use in the R-1-B, R-1-
C, R-2, R-2-C, R-3 and R-4 Zone Districts. Conditional Uses are appnMd by the Planning
and Zoning Commission after a Public Hearing, public notice being &iven by way of publisbed
notice and posting of the IUbject property. The proposed amendmmls also include definitions
for each of the three typel of day care facilities.
The Planning Commission held a Public Hearing OD the proposed ameoclmml:s OD AugusJ 20,
1996. However, no one attended the Hearing either in favor of or in opposition to the
proposed amenclmems . The Planning Commission voted, six in favor, two in opposition, one
absent, to recommend approval of the proposed amendments.
FINANCIAL IMPACT;
The revenues to be realized by the City from Conditional Use application fees ($75) are minor.
IJST Qf AJTACBMENTS;
Bill for Ordinm:e
Staff Report Cue IOR-96-03
Findiop of Fact for Cue IOR-96-03
H:~COMMICAIEOIUl!IM3CC.DOC
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S@c;tjqp 2. The City Council of the City of Eqlewood, Colorado hereby approves
amending Title 16, Chapter,, Section 2, Paragraph 0, of the Englewood Municipal
Code to read u followa :
18+2: R-1-A, SINGLE-FAMILY BBSIDENCE DIBTBICI':
0 . Conditional UN: Provided the public interest ia fully protected and the
following UN ia appnmid l)y the Commiuion:
1. FAMILY CHILD CARE HOME OR INFANTtroDDLER HOME.
2. Dependent cue centers: Strw:turea UNd u educational imtitutiona,
relipoua iDltitutiona or public facilities, aiatina at the time of the
enactment af tbia Ordinance, may be converted for UN u dependent
care centen.
S@s;tipn 3 . The City Council of the City of Englewood, Colorado hereby approves
amending Title 16, Chapter ,, Section 3, Paragraph M, Number 5, of the Englewood
Municipal Code to read u followa:
lM-3: R-l·B, SINGLE-FAMILY BESIDENCE DIBTBICI':
M . Acceuory Buildinp And Permitted Acceuory u-:
5. Home occupation: Occupationa customarily incidental to the
principal use u a residence when conducted in the ume dwellinc,
provided that the following conditiona are met:
i. FAMILY CHILD CARE HOME OR INFANTtrODDLER
HOME . t.i_,_elt1a1flrtlte-elwter..(U t·•t m -, lie,.....••••• 111 .. 1ti1a
5ec;tipp ,. The City Council of the City of Eqlewood, CoJcnido hereby approvw
amendinrTitle 16, Chapta' ,, SectiOD 3, Para,raph N, Number l, oftbe Eaclewoocl
Municipal Code to read u followa :
lM-3: R-1-B, SINGLE-FAMILY BB8IDENCB DIBTBICI':
N . Conditional u-: Provided the public interest ia fully protected and the
following UN ia approved by the CommiMiOD :
1. LARGE CHILD CARE HOME : GlliW -• -••· Sall'' lltil•
-• -•• .. ,..., lue (I) te •eJ,e U,8) l'lilam. Acceuory play
equipment lhall be located in rear yard.
S@c;tjpn 5. The City Council of the City af En,lewood, Colorado hereby approvw
amending Title 16, Chapter,, SectiOD ,, Chapter Y. Number 5, oftbe Eql9Woocl
Municipal Code to read u followa :
1~ R-1..C, SINGLE-FAMILY BB8IDENCB DIBTBICT:
M . Accesaory Buildinp And Permitted Acceuory u-:
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5. Home occupation: Occupationa c:uatomarily incidental to the
principal UH u a l'Nidence when conducted in the Ame dwelling,
provided that the followiD( cooditicma are met:
i . FAMILY CJDLD CARE HOME OR INFANTfl'ODDLER
HOME. h _,,_heme fer Ille we ••e te ,._ (6) .a ... -, lie ............. ...,.._
Sedim §. The City Council of the City ofEaclewoocl, Colorado hereby approvM
ammdinr Title 16, Chapter,. Sec:tion ,. Chapter N, Number 1, oftbe Eqlawoocl
Mmaicipal Code to read u follon:
IM-4: B-1-C, SINGLB-FAMILY BB8IDBNCE DllfflllCT:
N . Conditiaul Uw: Providecl the public int.erat ia fully pl'Cltiected ud the
following UH ia approved by the Commiwoa:
1. LARGE CHILD CARE HOME: Qliil• -...... 8 JJ lllil• 1are
emieP NPliaf &11 (I) • •el:1 (HI) ahil•raa. Acceuory play
equipment lball be located in the l'NI' yard.
Sectim 7. The City Council r4 the City of Eaclewoocl, Colando banby approvM
amendiq Title 16, Chapter,, Sec:tion 5, Chapter N, Nlllllbw 5, r4tbe BDp.wood
Municipal Code to read u follon:
11+6: B-I IIBDIUII-DBN81TY IIBSIDENCB DIS'l'BICI':
N. Acceuory Buildinp And Permitted Acceuory Uaaa:
5 . 8-e occupatioaa: Occupationa cuatomaril:, iacidmtal tll the
principal -u a l'Nidence when coaductad in tm .... dwellinf,
provided that the faUowiq cooditioaa are met:
i . FAMILY CHILD CARE HOME OR INFANTtrODDLER
HOME .• 'l.-,-bra1 fertlla-• ••• tefa• (6l b"lf •
-, lie,. ................ .
Sectim 8. The City Council r4 the City r4 Eqlewood, Colorado henby approvM
amending Title 16, Chapter,, Sect:ioa 5, Cbaptar-0, Number 1, oftbe Enpewood
Municipal Code to read u follon:
0 . Conditional Ure: Provided die public interNt ia fully pruliadlad ad 1ba
followin( uw rre appnMld by tm Commiuion, acapt tbr tlMa p,,up
homes which are raquirad by State atatute, the followiq pruriaiam apply:
1. LARGE CHILD CARE HOME. Small •llil• -_._ Mninc &.e
(ll te ....a,., (Hll 111il.raa. Aceeaaory play equqmmt rball ba 1-tad
in the rear yard.
Sectim 9. The City Council oftbe City r4 Eapewood, Colando banby apprvqa
amendiq Title 16, Chapter ,. Sec:tion I, Cbapt.er M, Nlllllbw 5, r4 the ....,._.
Municipal Code to read u follon:
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M. Acceaory Buildinp And Pvmitt.ed ~ u-:
5 . Home occupatiam: Orcupetial cataaerily illcidmtal 1D tla priacipal
w • a reaicleDce wbm CIID'ln•ted iD tla w .....W.,, ...,... tlilt
the follOWDII CODclitioaa are IMlt:
i. FAMILY CHILD CAD BOID OR DfFANTfl'ODDLEll
HOME . .t.-, _. ll1a1 flrtlll-If-••• ttl ...... .., ............. Ill' ti
Sedam 10. 'lbe City Counc:il al the City al ........... Colarado bani,y IIPl*OWN
81D911din1 Title 16, Cbapts 4, SectiaD 6, Cllaplilr N, Nambar 1, alb.,.__
Municipal Code t.o read • followa:
IM-1: &,I.C IIBDIIJll·DBN81'1T BBllllmfCB DIB'l'IIICI':
N. Conditional Uee: Provided the pablic iDtereat ia flllly protected. the
followiq uw are approved by the CommiMiOD, acept for tboee IJ'OIIP
homea which are required by State Statute, the follawiq prcmaioaa llball
apply:
1. LARGE CHILD CARE HOME. llaaall llllil• -• 1 l -:iat fiue
{II•••• (IIH b'M -Am nary play equipmmt llball be located
in the rear yard.
Sedam 11 . Tbe City Counc:il of the City al En,lewoocl. Colarado banby apprvns
amendins Title 16, Cb.apt.er 4, Sectillll 8, Quiplao 0, Nambar 7, alb.,.__
Municipal Code t.o read u followa:
18+1: 1W, BIGB-DBN81TY IIB8IDBNCS Dl8'l'IIICT:
0 . Acceaaory Buildinp And Pvmitt.ed .AcceeNrY u-:
7 . Home occupation: Occapetiom c:uatomarily incidental lo tlle
principal UN • a rwidem:e when CGDducted iD 11:ie ume dwellin1,
provided that the followm, caaditiom are met:
i . FAMILY CIDLD CARE HOME OR INFANTfl'ODDLER
HOME . .t. _, _, ll1a1 fir tlll -If-le._ l&l bil I w
-, lie ,-aille•••II.••• 1111,1ti1a
5ec;t;iqp 12. Tbe City Counc:il altbe City alBDpwood. Colarado banby IIPl*OWN
am9DCW11 Title 16, Cb.apt.er ,, Sectillll 9, Cllaplilr II, Nwaber a, al tbe .,.__
Municipal Code t.o rad u followa :
1 ....... M~DIBnlCT:
M . Acceuory Buildinp And Permitt.ed .Accealory u-:
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5. Brme occapatiau: Omq,etion• cuetomarily illcidental to die
priDcipel -• a rr:idmc-wben amdact.ed iD die ume dwelliDc,
prcmmd did tbl ..... amditiam .. mat:
i. PAIIILY CHILD CAD HOME OR INPANTfl'ODDLER
BOlllt. L'ta...,. _. ,. ... .. -., _ ..... (&) .......
-,liapa ICC i••• I ••r,ar•
Ses1kr 13. Tba Cit)' CCIIIDCil altbl at,. al ........ Colando, banby appn,999
errwtdinc Title 18, CJaapfa 8, Seclima 1. aldle Brtclawaod llmaicipal Code with die
mNl1iaD al the fbUowilll cWbaitimu iD •lpbebe4:icel ordr.
FAMILY CHILD CAD BOlllt:
INPANT!l'ODDLER HOME :
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A CHILD CABE FACILITY THAT
PROVIDES U:SS THAN 24-BOUR
CAD POR 2 OR IIOBB CHILDREN
ON A UGULAB BASIS IN A PLACE
OP DSIDENCE. CHILDREN IN
CAD AD PROII DIJl'PERENT
FAMILY HOUSEIIOLDS AND ARE
NOT RELATED TO THE
CAREGIVER.. CARE MAY BE
PROVIDED POR 8 CHILDREN
FROII BDlTII TO J8 YEARS OF
AGB WITH NO IIORE TRAN 2
CHILDREN UNDD 2 YEARS OF
AGB. CABE ALSO MAY BE
PBOVIDID POil NO IIORB THAT 2
ADDfflONAL CHILDREN OF
SCHOOL AGE A'l'TBNDING FULL-
DAY SCHOOL RBSIDBNTS OF
TBB HOlllt UNDD J2 YBARS OP
AGE WHO AD ON THE
PRD08l8 AND AU. CHILDREN
ON TD PBBIIJ8BS POR
SUPBllVISION AD COUNTED
AGAINST TBB APPROVED
CAPACITY.
A CHILD CABE FACILITY THAT
PBOVIDBS U:SS THAN 2'-HOUR
CAD 0KLX POR CHILDREN
WHO AU WIWUN BDlTR AND
I YBAJl8 OLD IN A PLACE OF
RBSIDENCB. TBB CAUGIVER
IIAY RAVS NO IIOU TRAN 1
CHILD OR rosTBll CHILD
UIWUN a AND 8 YBAJl8 OP
AGE. IP TIIBU m 1 CAUGIVSll,
TIIBU IIAY U A IIAXIIIUII OP ,
CHILDREN, WITH NO IIOU
THAN 2 CIDLDllBN UNDD JI
MONTHS, INCLUDING THE
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LARGE ClULD CARE HOME:
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CAREGIVER'S OWN CHILDREN.
IF THERE ARE 2 CAREGIVERS
CARING FOR THE CIULDREN AT
ALL TIMES WHEN CHILDREN
ARE PRESENT, THERE MAY BEA
MAXIMUM OF 6 CHILDREN
BETWEEN BIRTH AND 3 YEARS
OLD, AND NO MORE THAN 3 OF
THOSE CIULDREN CAN BE
BETWEEN BIRTH AND 1 YEAR
OLD, INCLUDING THE
CAREGIVER'S OWN CHILDREN.
A CIULD CARE FACllJTY THAT
PROVIDES CABE FOR 7 TO 12
CIULDREN WHO ARE NOT
RELATED TO THE CAREGIVER IN
A PLACE OF RESIDENCE. CIULD
CARE MAY BE PROVIDED TO
CIULDREN FROM 24 MONTHS TO
16 YEARS OF AGE . CARE MAY BE
PROVIDED TO NO MORE THAN 2
CIULDREN UNDER 2 IF OLDER
smLINGS ARE IN CARE.
RESIDENTS OF THE HOME
UNDER 12 YEARS OF AGE WHO
ARE ON THE PREMISES AND ALL
CIULDREN ON THE PREMISES
FOR SUPERVISION ARE
COUNTED AGAINST THE
APPROVED CAPACITY.
5ectjgp 1'. StWx c1,,,,. n.. City Comu:il. __, ftnda , determinea, and
declares tbat tbia Ordinance ia ..-alpt.9d ander tbe .-raJ police pows at tbe
City at Eqlewood, dlllt it ia ..-uJpted far tbe bealtb, ufety, and welfare at tbe
public, and 1111& tbia Ordinance ia n_.., for tbe ...--,atiOD at bNltb and
aafety and for tbe prot.ectiOD at public convenience and welfare . 'lbe City Council
further determinea tbat tbe Ordinance bean a ratiOD&I relation to tbe proper
lepalative object -.ht to be obwned.
5e!;ti111 JA. Scxeubilitx If any dauae, -tance. JIU'&ll'&llh, or sat at tbia
Ordinance or the applicatiOD thereof to any Jl9l"ICID or c:ircumatan-lball far any
reuon be adjudpd by a court at campatant jurildiction invalid, IUCb juqment
lhall not affect impair or invalidate tbe remainder at tbia Ordinance or ita
application to other penou or circumatan-.
5ectjgp 16 JnCOPEIMPt OrdiDIPCII All atblr Ordinancea or paniaaa tblnd'
inconmtent or conflictinc with tbia OrdiDaDce or any portioa henal an benby
repealed to the ut.ent at ncb inNmlietancy or comlict.
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5lf;tim 17. Effect pl -ml • mmljflytipp 'l'bll NpNl • modltlcaUaa al any
prmakm of the Code al ... City al ...... by dlil Onlbauce lball -n1-.
utinpiab. alter, modify, • ch-,. iD wbale • in pm ay pmalty, br.itww, or
liability. eitbar civil .. c:rimiDal, wbida lball baft baa iDcarncl uadar IUCb
pnmaion, end uch prcmaiaa lball be .._... ad bald • lt:iD remeinin1 in force
for 111a pupaa al neteinin1 eny end eD pnper ediam, aai1e, pn ..,,np, ancl
prwutiou for tm.... art al the ,-eltJ ........ • liellility ..... -far
tbe purpme al neteinin1 eny jndpamt, cllcrN. • order wbicb can • may la
rmdancl_ mtancl. _. ..... in lllda eaima. lllifa. pn-tinp, _. JSDI IC 1tice•.
Ses#m JI. Eaa11x-'l'bll Pme1ty Prorieian alB.11.C. Sedim 1-4-1 lball appb' to
eecb end fferJ 'fialaticm al tide Onlinenoe.
Introduced, reed in fall, end peeeed «-8ret reedinr OD the 'Ida clay al Oalaber, 1998.
Publiebed u a Bill for en Ontinence m b lOth clay ofOc:t.ober, 1998.
ATTEST:
LcNc:riabia A. Ellie. City Ciak
I, Loucrilbie A. Bllie, City Cllllt al the City albl' woad. Colando, llanby cartif.,
tbet tm eboft and-.-, ie e tne 11P1 ,t • 11111 lar -OI 15 1, illtroclamcl,
reed in fall, encl peaecl OD fb'I& NPllills • the 'Na., alOllilallar, 1118.
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MA1TEll OF CASE IOR-M-13 )
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING )
TO AMENDMENT OF THE COMPIIE-)
IIENSIVE ZONING ORDINANCE ON )
HOME DAY-CARE IN RFSIDENTIAL )
ZONE DISTRICTS )
)
INJTIATEDBY: )
OFFICE OF NEIGIIIIOIUIOOD )
AND B~ DEVltLOPMENT )
)
FINDINGS OF FACT AND
CONC.USIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
Commission Members Present: Shoop, Tobin. Weber, J>oualu, Dummer, Homer, Red-
palb. Muon
Commission Members Absem: Garrett
1bis matter wu beard before the City P1anniJ1a and 1.oaina OJmmipioll on Aupst 20, 1996,
in lbe City Council Chambers of lbe Eaalewood City Hall.
Testimony WU received from Slaff. TIie Onmmioll receiwd m,lice of Public llarinl, and
lbe Slaff Report, which were incorpol-1 illlo and made a put of die record of lbe Public
Hearing.
No public wu praea1 to lalify on Ibis iauc.
After considerina the mremeaa of die win n, 111d reviewq die peninclll cio,,•meau, lbe
memben of lbe City Planaina 111d Zcmq Ccwmriuion made die followq Fmdinp 111d Con-
clusions.
1.
QNDING,1 Of fAC'
THAT the propoacd unenttmems to die Compaellemlve Zcmq Ontinm:e were initi-
ued by the Office of Neipborboocl 111d •11ineu Deveqanem at die clirective of
Enalewood City Council.
2. THAT notice of the Public HeariJls WII pYbfi•bed in die fatnm4 lilrllll on Aupst
8 , 1996 .
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3. TBA T Planning Community Coontinalor Still tadfied to die 1111111e and illlall of die
proposed amendmau rqudiDg home day~. which would allow ·family child~
homes" and •mra.Jtoddler homes" u a C'.omiri9nal Use in die R.-1-A Zone Dilttict;
would modify vemaae rqudiDg home day~ in ffllllq res;+nrial mae dillricls
to comply with wordin& of State rqulatiom; allow ·urae Cwd-Care Cellllen" u •
Condi1ional Use in R.-1-B, R-1-C, R-2, R-2-C, R-3, 111d R_. Zone Dillricls; 11M1 bring
die definitions into compliance with Stale rqulaliom.
4. THAT no one WIS in aaeoclaoc:e in support of or opposilioD to lbc propoeed amend-
ments.
CQNQ.USIQNS
1. TBA T notice of the Public ffearina was properly ~ by publication in lbc f.aak:
~ Hmld on August 8, 1996.
2. THAT the Planning Commission delermined lbat lbc propoeed ama.daieDt of lbc Com-
prehensive Zoning Ordinance will provide die oppor1llllily for bome day~ in all
residential districts, and bring resuiclions OD home day-ce iDfo coafararmce with
State regulations .
DECISION
THEREFORE, it is the decision of the City Plaanina and ZoaiDI CwNN• iuion dlll lbc Com-
prehensive Zoning Ordinance should be amended to allow •family cbiJckl!e INrma" 111d
•infant!toddler homes" u Conditional Use in R-1-A, to cban&e vabiaF in mnaq residen-
tial zone districts reprdina home day~ to comply with State rqulllica, 111d ID modify
definitions IO comply with State rqulatiom.
The decision WIS reached upon I Vote OD I ID.JbOD INllde M die meem11 of die City PlanaiDa
and Zoning Commission on Aupst 20, 1996, by Horner, ISODded by Tobin, wbicb motion
lllteS:
11w Planning Commission nCOlfUWltll appruval of dw pf"OPO#d ~ to 1M Can,pn-
MnSiw 1.oning Ordinance on 1to,,w day-aw as ut ford, in 0-IOR-tJ6.0J.
AYES :
NAYS:
ABSTAIN:
ABSENT:
Dummer, Horner, Shoop, Tobin, Weber, Muon
Rcdpath,Douaw
None
Garren
The motion carried.
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Tbae Findiop 11111 Conclusions are effective• oftbe meeting on Aupst 20, 1996.
BY ORDER OF THE CITY PLANNING a ZONING COMMISmON
Vice-Cbairmm
\~ell_.,....,, .. , .. , 1111, ........ ~ ... ~illl\llllWIM4.,.D4 ........... ,.,, ... aa11.,~-., ~-NW ...
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PROOF OF PUBLICA110N
ntEENGLEWOODHERALD
STATE OF COLORADO
01.MYCFARAPAHOE l·
I, ca.ad J. ,...,. do 90llm1ly ....
hi Iamb P • .,,.. Md ,,....,_d
ba........,1-* .......... a--. n• 111J1S* p.tllltm In .. <=-
cl UIIIIIIOn In .. Courty cl .....
Stall cl caa.. . and ha a gera111
dlmllanh191'1:hlllidna Pl* ha
been published continuously and
~lnllidCCllnyCII .....
lar apndCll maM llln 52 ..... pllarti,
.... SUlbb'I al ...... nalat,
hi llid na 5"191 II nll9d In .. Alli oace a1 ~ am-. • amt
class mal maner and that the Mid
MWIPIPM' II a newspaper wllNn the
meaning of Ille act of the General
AaNmbly cl the St•• cl Co .... IIIPftMd Man:11 30, 1923, and ..eled
'1..egll Nabs and~ and
other acts relallng to the ~ and
publishing of legal notice and wu
~1n ............. a1
111d '**'PIS*. arm ..:l'I W81k. an ..
.... • al ea:t'lwaek.
tor a period cl .............. L. ............... .
consecutive lnlertionl: 1h11 the flrll
publlcatlon cl said notice WU In the
~~./.a. .. 1,?.~
and ...... plbllclllon cl aid nolce
waa In the illlle cl said newlPIP9'
,,Iv 1'.efflllillllll ea-1125M,
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PROOF OF PUBLICA110N
lHE ENGLEWOOD HERALD
STAlE OF COLORAOO
CX1NTYCFARAPAHOE }-
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hi I am tw A 7 NII_,,, IVllllllrd
tw &r,lJ Gad,__ b&tw-11
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hlllldPI IJ SI 11 .... h .. AIII ca» d ~ C 7 1ldb. • .....
claa mal ffllller ... 111111 a. 117d
MWIPIPll' ii & WIIJapll' ......
meaning of ._ act of a. a..raz
Auembly of ...... of ~
1AJ11M1t Mlldl 30, 1123, 11111 tnllllCI
,.. .... llld ...... lW' and
Olher aCII ....... to .. DflnlnD ...
publllNng of legal nadce and ...
pdllmh ............... d
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'°'. pertad d ·--·---L·-·-----· ODMICUIM INellionl: 11111 a. flllt == of Uld nolct .. In ..
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and ...... pilblcllor'I of 111d nolct
... 1n .. ..,.ofllldna IPtpll'
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-SOLEM & DrrrEMORE
Attomcys at Law
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Richard O. Dittemore
Bette Heller
R. Eric Solem
Patricia A. Mack
3333 s . aannock street
Suite 910
Englewood. Colorado 8011 O
Telephone 303-761-4900
FacsllDlle 303-761-2989
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Honorable Mayor
and City council Persons
City of Englewood
3400 south Elati
Englewood, CO 00110
November 4, 1996
_,._ ·u
· Er•:GLEWOCJ, c::.
t ::F'C: OF TH r::
Re: council Bill No. 54
Betty Ann and I have lived in Englewood for the past 37
y e ars at 2239 East Floyd Place, have enjoyed the amenities of
t hi s fine City which have created a most hospitable place in
which to live , raise our family and now as our retirement venue .
We are faced with the proposal of council Bill 54 which
will, in our opinion:
1. Weaken the zoning stability for the R-1-A zone District
by allowing home care facilities in the District; even with the
c o nditional use provision our zoning protection is being invaded
and compromised .
2. There has been no change in the character of our
n eighborhood in Hampden Hills since it was built over 40 years
a go -no trans i t i ona l situation.
3. The Socia l s e rv ices of the State of Colorado
admini st ered loc a lly b y Ar apahoe county social services cannot
license a fa cility which i s n o t l ocated in a proper zone
category, as I understa nd it.
4 . Th e weakening o f our z o n i ng restrictions wi ll ,
undoub tedly, begin nippi ng at the fringes of our area a nd
d o wngra ding it with a los s of p roperty valuations . Th is opinion
i s shared b y most, if not all , o f my ne i ghbors in Hamp den Hills .
I am sure that other R -1 -A District s wi l l be similarly affected
by t h e loss of va l ues of the resid ence s .
so , please c o nsider my plea -DO NOT DOWN GRADE THE -1-A
DISTRICT WITH ~pl:~"°-5~:-ENT _:•r:~ .}~ .,.: ~-' .wwnl ~i ~
ZO NE
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City Cmmcil Members
City Hllll in Engln.oood
3400 S. Elati Street
Engln.oood, CO 80110
Dt!JIT City Cmmcil Membm;,
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Mike & MIUy Lynn Baird
7217 S. Sltermtm St.
Littldon, co 80122
Noumrba 4,1996
I.-1writing this in concern for tire Horne Dq Oft zoning sifrMltion 1rere
in Englewood. My husbflnd 1111d 1 llTt both mrploytts 1rere in Englm,ood. Mike
is an Andrologist for Dr. Willillm Scboolcrt,ft 1111d I tan ,m llrl tmcher 11t Mluldox
and Clqton Elmrffltary. It is r,ay imporlllnt to us a dalia,tal p,,rents to find
quality dlly Clltt close to OUT f.OOP'k pli,ces.
We luwe chasm home dq a,re for Sft10Wl raasons. We feel that it is a
much Sllfer ll1ld controlled mrlitomnent than 11 ""• day a,re fi,cility 1111d OUT
children get more airing attention from OUT ""'-dq Clltt pror,ider (Shelly
Gibson) with II grmt dsl of cmNm-one time. As II ptn'fflt ll1ld lllso II tau:her, I
know how important these factors ll1't in the detJelopmfflt of children.
For llll these rtrlSOnS and m,my mart, my lrvsban4 1111d I feel it is r,ay
importtmt thtlt quality dq Cll1't pror,idas ,houJ4 &t .. lo fOOft from their homes
1rere in this pllrlicu1t,r 11nr1 of Engln,ood. I aadd "* 1o be tlris smnce.
rr WOUW BE A DISSERVICE TO OUR CHIIDREH.
Thlmk you for your time!
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Miuy Lynn Baird
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Ja: 1••, • ~ 6-, 0-A's m1s..r.c..,,_...,
Mr .... Oln, CllJ N I
CIIJBII
MIii.Diii
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Deir Mr. a.It:
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I wauld lib to aoauraae you ad J'OW et .. IE._ to wort .... the pn,polll to
limit or prollibit ..._. dayare, wllidl ii up b' Wll 1,y die city coum:il NcNwbw, 4
1996.
....._.,_..provillelllWlll..,.._......,.._. ... o eeily.
itMmt apcwllilldy, ii a&n a diild • lovilla ad 1111111-.i. a I a May clay cae oea1a1 avea .. 11n1Mri.tbodl*4fadpll1ic·p1 21 ..,...._...,..._ ... _
.,_.. .._ b over Ive,-.. Nat GIiiy a tllllJ.... eefie+iaJ ill die providlr, llut
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November 4, 1996
To: Mayor and all Members of Englewood City Council
From: Frank C . and Ethelyn H . Miner, Englewood R-1-A
residents I 9S4 to I 9S9 and since I 96S
n..::\,;1:.1 L:l.)
CITY OF ENGLEWOOD ,
OFFICE OF TH~
/"'"ti-I • r"""'"")tr
Re : Council Bill No . S4, HOME CARE FACILITIES IN R-1-A ZONE DISTRICT
Having learned of the council's planned action on this bill today, we are unable to present
a neighborhood petition asking the council to IIOl pass the ordinance as written . We
assure you that many of our neighbors living in R-1-A zoned districts will sign such a
petition .
WE URGE YQU IQ NOT PASS mIS ORDINANCE!!! When we purcbucd our
properties in R-1-A, we did 10 with the usurance that the neisfiborhood would be
~ low demity , quiet and for the upbrinaing of our families . We ~ed that
there would be no commercial uses permitted, that there would be no uses that would in
any way incrNle tnfflc nor invite non raidcns into the neighborhood .
Several monlhs ago a new homeowner appeared before council stating she had purchased
her home expreuly for the purpOIC of aaablishing a child care CClller . She wu unaware
that this wu not permitted in R-1-A zone dillrict . Council decided to '1CalC enforcement
of this csebtilbod zoning ordinance apparently to accoanoclalc this new property
owner . Now council wants not only to continue this use, but to encourage others to
establish additional centers.
The IUllben of children not over cenain aaes, between cerlaia aaes, etc arc lllipulated for
each type ofbomc care : Family Child Care Home, lnfanl/Toddler Home, and Larae Child
Care Home . Who wil police the....._. and aps? How 10oa after one oftbc children
exceeds the age limit will he be med to leave ? Who will police that ?
There are, within the c:ily limits of Eapwoocl, adequate areas where child care facilities
can euily be ....a.ct. Thse is appropriale zoailia, llnlCtUfa and open apace . That is
where the children lhould be, wt... they can eaioY themlelves and &eedom to which they
are entitled .
PLEASE 00 NOT PASS BILL NUMBER S4 !!!!!
~e.~
Frank C. Miner
3121 South Vine Street
Englewood, Colorado 80110
i d:.J_.., OJ.~
Et~if. Miner
781-4676
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October 29, 1996
Englewood City Council
3400 S. Blati St.
Englewood, CO 80110
Dear Ladies and Gentlemen:
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I am writing in regard to Licensed Home Daycare in the Englewood R-1-A district.
We are aware that this district is zoned for no home occupations and the issue
of Home Daycares was brought before the Englewood City Council.
We currently use a Licensed Home Daycare in the R-1-A District and want you to
know how detri~tal it would be to our family if you should force the Daycares
to close. We have brought our daughter, Morgan, to Shelley Gibson since she was
6 -eka old and I had to return to work. We -re so fortunate to find her. We
-re opposed to sending Morgan to a large Daycare Facility because of the many
negative things we have heard about them. We did not want strangers taking care
of our daughter, we wanted someone -know and trust. We found that person in
Shelley Gibson. Morgan gets the individual attention she needs and we can go to
work knowing she is in good hands and I never worry about her not being well
taken care of. If she were in a large facility, I would constantly be worried
about her well being. Please don't put us through that. The other reason is the
convenience of not having to drive far to drop off and pick up our daughter. She
is right aero•• the street from our hollle. I can't i-gine why anyone would care
whether someone runs a daycare in their bciae or not as long as they do not
interfere with neighbors. There have been no C01111laints about her daycare in the
many years she has been running it.
We also wonder why the State issues licenses to these providers if they aren't
able to use them where they live??????
If you have children of your own, you will understand that uprooting a child from
an existing setting where they are loved and coafortable would severely
tra~tize them. Please allow Home Daycares to operate in the City of Englewood.
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October 29, 1996
Englewood City Council
3400 S. Blati St.
Englewood, CO 80110
Dear Ladies and Gentlemen:
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I am writing in regard to Licensed Home Daycare in the Englewood R-1-A district .
We are aware that this district is zoned for no home occupations and the issue
of Home Daycares was brought before the Englewood City Council.
We currently use a Licensed Home Daycare in the R-1-A District and want you to
know how detrimental it would be to our family if you should force the Daycares
to close . We have brought our daughter , Morgan, to Shelley Gibson since she was
6 -ks old and I had to return to work. We -re so fortunate to find her. We
-re opposed to sending Morgan to a large Daycare Facility because of the !UDY
negative things -have heard about them. We did not want strangers taking care
of our daughter , -wanted someone -know and trust. We found that person in
Shelley Gibson. Morgan gets the individual attention she needs and -can go to
work knowing she is in good bands and I never worry about her not being -11
taken care of. If she -re in a large facility, I would constantly be worried
about her well being . Please don• t put us through that . The other reason is the
convenience of not having to drive far to drop off and pick up our daughter . She
is right across the street from our home. I can't i-gine why anyone would care
whether someone runs a daycare in their bome or not as long as they do not
interfere with neighbors . There have been no COlllplaints about her daycare in the
!UDY years she has been running it.
We also wonder why the State issues licenses to these providers if they aren't
able to use them where they live??????
If you have children of your own, you will understand that uprooting a child from
an existing setting where they are loved and comfortable would sevsrely
traunwtize them. Please allow Home Daycares to operate in the City of Englewood .
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October 21, 1996
MEMBERS OF CITY COUNCIL
City of Engl.eLJood
3400 S. Elati St.
Engle,,JOod, co 80110
Re: Day Cazoe Centers
Dear Council Members:
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CI TY OF ENGLEWOOD , C
OCT 2: 1996
We appose approval of Day Care Centers operating in farrrily homes for the
fol Zo,,n.ng reasons :
1. There has been much publicity on home Day Care Centers "'here
chi'Ldioen 11Je1'e molested, abused or mistreated.
2. To supervise properly five up to eight (and more!) cannot be done
by one person. Proper supervision chtJloaater should also be
knor.ln. Besides being neglected in some respects. they cannot be
receiving any edwxztional instruction. Chi7Aizoen of alZ ages need
this badly.
3. Engl.eLJood has more than one large facility IIJ'ith more than one
supervising. This is IIJhere the pcaent(s) should be leaving their
child(ren).
4. We do not think the Day Care manager "'ho is "°"' requesting a
variance had an ezcuse in not knoll1ing she ws in R-l-A. I also
question. as she stated at a council meeting and/or as reported
in the Herald. that she lacked getting pl'Oper inf orrrr:ztion ft'om
city empZoyee(s) on running a Day Ca:J>e. (I have personalZy con-
tacted city employees over the yea:re in several depai-tments on
various issues. They have besn VBl'fl pleasant and IIJilZing to
discuss any situation or question I IIIZJI have. I have never found that
"'8 received erroneous infol'ffllJtion.)
6. We IIJOUld like to see e~ city mnagBlllfflt ""1rk 1,.>ith an int.Nsted
pai-ty to start a Day Care Csnt«r (in all.owabZe aoning azoeae). The
M7in ooncern being that the chil.drfm azoe oaNj'klly IIJatched and pro-
tected (hopefully). Iou are ~ home Day Ca:J>e Cenurs by
allo,.nng the continuation and IIJ'ith total disNga.z,d to the hOllieOLIP!Srs
tJho chose and bought purposely in R-l-A aoning .
6. Here's our own observance of a home day ow-. Offflter:
This ws located ne.rt door to ouzo Nnta l property. ( We do not know
if it ws licensed.) We IIJOl'klld in OI' outsidJI the buildings periodically.
We not only counted eight but IIION. The yazod gate to the si.culwaUc or
stNet z.,as never closed "'hen ,.,. r.iere there or the many times ,.,. dztove
by going to dotmtoi.m. Chil.drfm r.iere alUMed to """"' and go as they
IIJ'ished. even croBBing Cherokee to the Field. They did not COIIII and go
in one group. but s011111tilrtes individMally. llll81.lpffVie«i. We NHly
s<AI an °"'"81' checking on the,n """'1rever they LJere.
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6. (Cont'd) -One or IIIOJ'e often came onto our property i.rlthout per-
mission, even cUmbing over the front privacy fence ( as per our renters).
'l'here are more violations of tJhich I i.rlZ.Z. not go into at this time.
7. We a tso obserVed chi td care of ti.,o ti tt te ones nezt door to our home
in the past. I often s<DtJ them in front or back i.rlthout the oi.mer
being outsids. Even i.rlth ontu one parent 1,saving the chitdHn
and picking them up dzoi,ving regu'1aiions were violated.
8. A reqwu,t for a Day CaH Center for oVBl' fOIIZ' chitd:Hn loJCZ8 tia'nBd
d""1l'I by a city board for one HCUIOK that I HOatt bBoawae of the
traffic. 'l'his IJQ8 in OW' R-1-A aNa•
We appreciate and thank the ti.,o c,c,u,u,it 'tWiil,SN wlto obJ•tJt to the Day Care
Centers entering R-1-A and for !JhatBVBl' othsl' Ha8""8 the!/ lllaff haw.
We tJOUtd apprsciate it if c,o!D'U1it tJOUtd NOQMidsl' and not approvs this
vczriance Nquest. '1'he !JhotB isSMB shoutd be atwlisd -haVing the safety
and wett-bsing of att children FIRST.
Sincere ty,
~~· Car 1,y ts and Eva E · erg
49SS S. GatapagO t.
Engtsi.,ood, co 80110
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Rt: 11\q e ReE. tSSu L ll,,l1ll11,11,ll,,,Ull,,,11l1l11ll,ll111II II II u1 u1 ... ,1,1,1
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LtfltJ {t80IJ.7
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November 4, 1• -far ................ lg Ille
10 a f IIIOllllollum on mllCIIIIIICIUI
...... lnlo effed from Declmber
101-llll'aullllA1111110.1N7 ........ ., I,...-....... -of Flnanclll lervloN Dnclal'
COWICI.. WI. MD PIIIMOU8 COUNCIL ACTION
TIie Cly Council --a. goals of lmpnMng .. bullnla and N11111n1111..-, of .. In lie Cly. This bll for onlll•a• llowa. Cly addllonlll time to..._ IICUINI ............................. .
Ai lie Mar I, 1• 111111r Nlllon, llal'f clllQaed lie ...... IIIOIIIDlluln ..... Council. On June I, 1118,
Cly Council ....... Onllnance 25, Serlll 1-lllll ZI ....................... .
This pnlllONd 1117 far• anlll•a, ...... lie fflllC I Zin 11• ..... IIIOIIIDlluln In lie Cly of Englewoocl M
llddllonll four monlllL Cly Council orlglnllly lfflpolld a lllOIIIDlluln on fflllC 111n •a• .._ from Jllltt 10,
1118 lhnlugh Declmbar 10, 1•. This prapGlld .... 111111, to Apll 10, 1111 • give 111111 men time to...,..
........................ ofllclnllng ...................... ...,, .. .....
NCOfflfflllidll ID Council, and bring tlle MUHi y aallona ID ..... lie Cly Code. Allo, llaff ......
fNs • procedurw ......... 111 mllOllaiw llolnllng.
IIECOl•IIENDID ACTION
Slaff '9COffllMlldl Cly Councll approve 111111117 far an ..... .
IIACKGIIOUND, WLYIII. MD ALTaNATMII ... IZ L
Flnlnclll a.vlcla and ............. _. ....... 0..1la:plNlll ,...,.a_,. bNnwaddnglD .... ..
CllyamilcllllMoul.._andllnalaa ......... lllu.lallllllat ayplln. A ..... of .. .....
have lhlldr bNn ...._, INIICI, •dllll.lmllwlll Cly c.d. TIie pnitad labNn mcnoon•TUllld ... time COIIIUffllng ... .,_...., .......... __ of ____ ............... ....
COffllllll1ll • lhoroullhlr • ....... In OlllllrlD oom,1111 1111 pnitad ID.. 51 kalon of ..... c.d,
clUzens, and lie ........ OOIMIUlily, an 11111 IIIIOII of four ...... la ... 1 •111.
Allemallvely, lllff ODUld ~ .................. ln'Tlleland ................... ...
lliere ii a ltlk of lbulln11111 balng lclnlld 1111 WOIIIII IIOI ......._be....._.. allll'llldN ..• t.111111 .
ThlscouldlNIIIDa ........ "*lllllftllllllMly ...... lllllldllllllw•....._.w.
FINANCIAL M'ACT
During .. IIIOIIIDlluln Pll1Dd w ,__ • • 1111 ...... nor•.._,._ be oallalld TIie amount of
loll ,.,,..,. llloulll llDl .... map Impact of ... Cllya ID1al ---
LIIT OP AffACIBIIN18
Copy of a 1117 far M Oftllnance .
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ORDINANCE NO . _
SERIES OF 1996
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BY AUTHORITY
ABILLloa
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ootJHCIL BILL NO. 61
INTRODUCED BY COUNCIL MEMBER ______ _
AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSION OR
MORATORIUM ON CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR AN
ADDITIONAL PERIOD OF FOUR MONTHS.
WHEREAS, the Englewood City Council lllltabliabed a temporary suapenaion or
moratorium on certain millcellaneoua buaineu licenlN for the period of June 10,
1996 through December 10, 1996; and
WHEREAS, the current miac:ellaneoua bUBineu licenaing procedure11 are
antiquated and need to be updated; and
WHEREAS, City Council bu directed lltaft'to review and revise, ifneceaary, the
miscellaneous buaineu lic:emN for the City; and
WHEREAS, lltaft' will need additional time to review and coordinate the
miscellaneous business licensing proviaiODB of the Englewood Municipal Code; and
WHEREAS, Council d-it neceaury to coordinate the review al its
miscellaneous buaineuea licenaN and finds it appropriate to ceue liceminc until
the review and revised procedure11 are reviewed by the lltaft' and City Council; and
WHEREAS, the Englewood City Council bu auo direc:ted City Btaft' to review the
Broadway corridor zoninc and appropriate UN for the corridor and bu recently
included industrial zoning to this reqUNt; and
WHEREAS, the City Council bu iDdicated tbat the study al the Broadway retail
corridor and industrial zoninc should be coordinated with the updatiq of liceming;
and
WHEREAS, in order for the City to comply with the arpmmts made in Or 1.imjt,ed
YI Cjty of iorJcwqod Cue No. A86CV1243, the moratorium or temporary
1u1pen1ion must apply to all millcellaneoua ~ liceuN uDINa specific
exemptiona can be le,itimately Mt forth baaed OD a ftndiq that a particular type of
buaineu should be ucluded &om that NCtion olthe Code bu been nviaed; and
WHEREAS, the reviaiODB to the miBc:ellaneoua ~ Ii-and the updatiq
of the Broadway corridor and industrial sminl will belp prot.ect the public health,
safety and welfare by: preaervinc the BOUDd ftacal balance for the City in providin,
municipal services within the City limits; by maintaininf a BOUDd balance between
available public reaourcea, facilities and aervicea and the demands for such
services; and by PrNefflDI a aafe, healthy, and BOUDd environment within the City;
and
WHEREAS, the citizena of Englewood and the City Council have determined that
revilion1 to the cun-ent zoninc alon, the Broadway corridor and the current
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industrial zoning are neceuary to promote, coordinate, innovate, high quality plan
to produce a well balanced corridor in the City; and
WHEREAS, the City Council finda that an additional four month moratorium or
temporary suspension of licensing is neceaury to implement the licensing
revisions and to provide time for the Broadway corridor and induatrial revisions
study; and
WHEREAS, the liquor licensing provisions adequately iuure a needs and deairea
testing of applicants and lhould therefore be aempt from this t.emporary auapeuion
or moratorium; and
WHEREAS, aeuonal or one time buain-will not lipificantly impact the
miscellaneous buain .. licenaing or soniq of the Broadway corridor and lhould
therefore be uempt from this temporary auapeuion or moratorium; and
WHEREAS, the followm, lic:en8N baTII been reriaed and amended by Council
and the temporary napenaion or moratorium bu been lifted:
Amusement Arcade License .
Amusement Center License.
Arboriat License.
Billiards and Pool Hall License.
Bowling Alley License.
Carnival License.
Circus License.
Contractor Licensing: Claaa A,
Claaa B, Claaa C, Claaa D,
Claaa E, and Clau F.
Food Vendor License.
Ice Cream Vendor Licmae.
Public Dance or Ball License.
Shooting Galleriea.
Certificat.N of re,iatntiona for
electrical, plumbm, and
plumbias/mechanical.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, THAT THE TEIIPOBARY SUSPENSION OR
MORATORIUM OF CERTAIN MISCELLANEOUS BUSINBSS UCENSES SHALL
CONTINUE THROUGH APRIL 10, 1997, AND SHALL CONTAIN THE
FOLLOWING PROVISIONS:
Sed;igp 1. Said moratorium or temporary auipllllion of mi-1laaeoua buainw
licenlN lhall include the followm,:
Automobile Wreckiq or Juak Yard Licenae .
Auction House License.
Adult Book Store Liceme.
Adult Motion Picture Theater Licenae .
Adult Dancm, Eltablilhment.
Convaleacent and Belt Home Licenae.
Direct Sellin1 Liceaae.
Itinerant Auctioneer Liceaae.
Itinerant Show Liceaae .
Muaa1e Therapy Clinic Licenae .
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MUNp Therapiat Liceue.
Mauap Therapiat Clinic .
Pawnbroker Liceue.
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Police and Det.ective Services (private flrma) Li-.
Temporary Employment Services Li-.
Sertim 2. Said mont.arium or temporary ~ of IDialu-baaiDeu
licenaa aball not iaclude the fbllowia,:
Alcohol ......_ (State and local ccmtrol).
Cbriatmu Tree Dealen (Seuonal).
Goiq Oat of 8---, Fire, Smoke and Water Damapd
Gooda Salea <tmapanry m nature>.
Am--t An:ade Liceue.
Am-mt Center U-.
Arboriat Liceue.
Billiuda and Pool Hall Liceue.
Bowliq Alley Lic:eme .
Carnival Liceme.
Cin:ua Liceue.
Contractor LicemiDc: Clua A.
Clue B, Clua C, Clue D,
Clue E, and Clue F .
Food Vendor Licenae.
Ice Cream Vendor Licenae.
Public Dance or Ball Liceme.
Sbootiq Galleriea.
Certiflcat.. of Nliafntiona for
electrical, pl1111lbiq and
plumbins/mecbanical.
Sertim a. n.. Bnllewood City CoaDcil directa City _,,to--, appropriate
rec:ommendationa to Council, to be -eietent with tlm OrdiDwe md to pl'09ide an
updatiq of tha City licemiDf pncedan far miece09D9'NI ...._ licmNa and to
provide N1C0111mmdationa • to iDdmt:rial -ms md tha --. of tha Broadway
corridor.
Sertim ,. The City CoaDcil 8nda tha prcmaiana or dlia Ontiuace are~
m nature and are in_... to be nplaoed by~~ e......,.t. The
temporary nap-aioa of meoeP-..__ .... -........ m dlia
Ordinance aball taminate m April 10, 1997.
IDtroduced, read m full, and puNCl • ftnt readiDi • tha 4th day of N«-mber,
1996.
Publiabed • a Bill for a~• the 7th clay al Nonmbar, 1118.
ATTEST:
Loucriahia A. Ellia, City Clerk
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I, Louc::riabia A. Ellia, City Cler:lr. oftbe City ofEnpewoocl, Colorado, hereby certify
that the above and foreaoiDC ia a true copy of a Bill for an OrdinaDce, introduced,
read in run, and puaed on fint readinf on the 4th day of Ncmimber, 1996.
Loacriabia A. EUia
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COWICIL co••INICATION
10 a 1i
Frri
COUNCIL CICML NII) PMVIOUI COIINCIL ACTION
...... •tor• onll•ice aNllng a new
Cllal*I' 17 (Going OUI of...._)
In TIii i of.. Code
Tllil 1111 tor• onll•ice a.-a new Cllal*I' 17 ID TIii i of .. CllJ Code. The pnipoaad cnllloll ·of this
a.p. .... ,.... of .. moraortum being In lffect.
Al lie llay I, 1• lludy INllon, mff dllcl ...... prapoNd mcnlDllum ....... Coundl. On June 3, 1•.
a. CllJ Coundl INd • pWd Oldll•ice 21. IMel of 1• an tlnal INdlng. Tllil Onlnance 9llablllhed the
moratarlum lo nan from June 10, 1• 1o Decernller 10, 1•.
IIECOl&IENDIED ACTION
Slaff racommenda CllJ Council approve 11111 1111 tor• odnance.
UCKGIIOUND, MM.ftll, MD ALTIIINATW iiENlrED
Prior ID 11111 pnlpCINd chalge, Going OUI of lullnlal ..._..,. lnduded under TIii i, Clllil*I' 12. TIiis
llmla w apecllcalr ......... from._ mcnlllllumllal lllgall on June 10, 1•.
QolngOUloflullnlal ............................................ .., .................. .
going oul of bullnlll ......... lnfacl ... lallOlllllnllD.....,dole .......... C-.caibe
millNd•belewtnallaJ .. belng ...... .._. ...... ,,_on ..... dlefnlma"dallng........,. au._ 111111n111 e. no 11111111 of CNIIIII ......... The QlfllrllllMllla tDr ... llml of llmla, nan-
...... ...,of .. llmla. dllllla of ............ • ...... of goodl. 1'lllle PRHIIIIII• hawe llCII
dlalged. New pn,vlalol• lncludl 11ow .__ ...... 111 a.,.......,• cllllllclllcM ......... CN11111
............. llmla .......
No allemllves ... ldenllled.
UIT OF ATTACl•IIIND
ecpr of piopoaed 1111 for an onll•ice
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•
ORDINANCE NO. _
SERIES OF 1996
-
BY AUTHORITY
ABILLl'Oll
COUNCIL BILL NO. •
INTRODUCED BY COUNCIL
MEMBER _____ ~
AN ORDINANCE REPEALING TITLE 5, CHAPl'ER 12, SECTION 3, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO GOING OUT OF
BUSINESS AND DAMAGED GOODS SALES AND RE-ENACTING A NEW
CHAPl'ER 17.
WHEREAS, Gome Out of Buain-Ii-are needed to protect couumen from
beinc mialead by buain-adYertiaiac • Fina out of buain-Ale, when in fact
there ii not intent to actually cloee the b~; and
WHEREAS, comumen can be mialead into believing they are beini offered the
lowest pouible price on merc:bancme from a "cloainf buain-, • but the ~ bu
no intent of ceasing operationa;
WHEREAS, a proof of Ales tu deposit ii required to enaure the City coUec:ta
revenues that 1111pport City NrYices; and
WHEREAS, no traufen of tbia liceme ia allowed u it ia locationlbusin-
•pecific; and
WHEREAS, no additiona to inventory ia allowed, nor ia any mialeading
advert:iaiq allowed in order to prot.ect customen;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tigp 1. The City Council al the City at Eqlewood, Colorado hereby amend.a Title
5, Chapter 12, Section 3, al the Eqlewood Municipal Code 1985, by repealing an re-
enacting a new Chapter 17, to read u followa:
CIIAP'Dml7
GOING our OF BlllllNBIIIAND IMIUOIID OOOIJ8 MU:s
IEC'l10N:
5-17-1 : DEFINITIONS
5-17-2: LICENSE REQUIRED
5-17-3: APPLICATION FOR LICENSE
5-17-4 : SPECIAL CONDffiONS AND RESTRICTIONS OF THE LICENSE
1-17-1: DEF1Nffl0N8: FOR THE PURPOSE or TIUS CHAPl'ER, THE
FOLLOWING TERMS, PHRASES, WORDS AND THEIR DERIVATIONS
SHALL HAVE THE MEANINGS GIVEN HEREIN .
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DAMAGED GOODS
GOING OUT OF
BUSINESS SALE
GOODS
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A SALE HELD OUT IN SUCH A MANNER AS TO
REASONABLY CAUSE THE PUBLIC TO BELIEVE
THAT THE SALE WILL OFFER GOODS
DAMAGED BY FIRE, SMOKE, WATER, OR
OTHER REASON .
A SALE HELD OUT IN SUCH A MANNER AS TO
REASONABLY CAUSE THE PUBLIC TO BELIEVE
THAT, UPON THE DISPOSAL OF THE STOCK OF
GOODS ON HAND, THE BUSINESS WILL CEASE
AND WILL BE DISCONTINUED, INCLUDING
BUT NOT LIMITED TO THE FOLLOWING
SALES: AD.JUSTER'S, ADJUSTMENT,
ALTERATION, ASSIGNEE'S, BANKRUP1',
BENEFIT OF ADMINISTRATOR'S, BENEFIT OF
CREDITOR'S, BENEFIT OF TRUSTEE'S,
BUILDING COMING DOWN, CLOSING,
CREDITORS' COIOIITl'EE, CREDITORS' END,
EXECUTOR'S, FINAL DAYS, FORCED OUT,
FORCED OUT OF BUSINESS, INSOLVENTS,
LAST DAYS, LEASE EXPIRES, LIQUIDATION,
LOSS OF LEASE, MORTGAGE SALES,
RECEIVER'S, TRUSTEE'S, QUITTING
BUSINESS.
IS MEANT TO INCLUDE ANY GOODS, WARES,
MERCHANDISE OR OTHER PROPERTY
CAPABLE OF BEING THE OBJECI' OF A SALE
REGULATED BY TIUS CHAPl'ER.
5-17-1: UCENBII: IIBQIJIBICD: IT SHALL BE UNLAWFUL TO CONDUCT A
GOING OUT OF BUSINESS ANDl'OR DAMAGED GOODS SALES PRIOR TO
OBTAINING A LICENSE FROM THE LICENSING omCER EXCEPT FOR THE
FOLLOWING :
A . PERSONS ACTING PURSUANT TO AN ORDER OR PROCESS OF
A COURT OF COIIPETENT JURISDICTION, PERSONS ACTING
IN ACCORDANCE WITH THEIR POWERS AND DUTIES AS
PUBLIC omcIALS, AND ANY PUBLISHER OF A NEWSPAPER,
MAGAZINE OR OTHER PUBLICATION, WHO PUBLISHES IN
GOOD FAITH, ANY ADVERTISDIBNT, WITHOUT
KNOWLEDGE OF ITS FALSE, DECBPnVE OR NISLEADING
CHARACTER OR WITHOUT KNOWLEDGE THAT THE
PROVISIONS OF TIUS CHAPl'ER HAVE NOT BEEN COIIPUED
WITH .
5-17-8: APPLICA110NFORUCBNBBI
A. THE APPLICATION FOR A GOING OUT OF BUSINESS AND/OR
DAMAGED GOODS SALE LICENSE SHALL BE IIADE IN
ACCORDANCE WITH THE PROVISIONS OF TITLE 5,
CHAPTER 1.
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8 . IN ADDfflON THE APPLICANT SHALL BE REQUIRED TO
PROVIDE THE FOLLOWING:
1. PROOF OF SALES TAX DEPOSIT .
2 . COPY OF COMPLETE INVENTORY.
5-17-4: SPBCw.CONDfflONBAND BES'l'IUCl10N8 OF 11IE UCENBE:
IN ADDfflON TO LICENSING CONDfflONS SET FORTH IN CHAPTER 1 OF
THIS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY:
A. SAl,ES TAX QEPQSJT BEAJUBEQ. IN ADDfflON TO ALL
APPLICABLE LICENSE FEES, THE APPLICANT SHALL DEPOSIT
WITH THE LICENSE OFFICER AN AMOUNT EQUAL TO THREE
AND ONE-HALF PERCENT (3.S'll>) OF THE RETAIL VALUE OF
THE GOODS TO BE SOLD DURING THE FIRST WEEK OF THE
SALE. THE LICENSE OFFICER SHALL ESTABLISH THE
DEPOSIT BASED UPON PRIOR SALES TAX REPORTS FILED
WITH THE LICENSE OFFICER BY THE LICENSE HOLDER.
AFTER THE SALE, THE APPLICANT SHALL DEPOSIT WITH
THE LICENSE OFFICER AN AMOUNT EQUAL TO THREE AND
ONE-HALF PERCENT (3.5'1>) OF THE RETAIL VALUE OF THE
GOODS SOLD IN THE PRIOR WEEK OF THE SALE. THE
DEPOSIT MAY BE IN THE FORM OF CASH OR A BOND
ACCEPTABLE TO THE LICENSE OFFICER. THE RECORDS AND
TRANSACTIONS OF THE APPLICANT SHALL BE SUBJECT TO
WEEKLY REVIEW BY THE LICENSE OFFICER DURING THE
PERIOD OF THE SALE. LICENSE HOLDERS FAILING TO
COMPLY WITH THE SALES TAX FILING AND PAYMENT
PROVISIONS OF TITLE ,, CHAPTER ,, OF THIS CODE SHALL
FORFEIT THEIR DEPOSIT AND THE LICENSE OFFICER SHALL
PURSUE THE PROPER COLLECTION OF ALL AMOUNTS
PROPERLY DUE TO THE CITY.
AFTER THE PAYMENT OF ALL TAXES DUE, AND A
VERIFICATION IS PROVIDED BY AN APPROPRIATE CITY
AUDIT, THE CITY SHALL RETURN TO THE LICENSE HOLDER
ANY FUNDS DEPOSITED BY THE LICENSE HOLDER.
B. IEBN OF LICENSE THE LICENSE SHALL AUTHORIZE THE
SALE DESCRIBED IN THE APPLICATION FOR A PERIOD OF
NOT MORE THAN SIXTY (60) DAYS. A ONE TIME LICENSE
RENEWAL MAY BE ALLOWED . THE RENEWAL SHALL NOT
EXCEED THIRTY (30) CONSEC'lmVE DAYS . AFTER THE
LICENSE EXPIRES, ALL BUSINESS ACTIVITIES SHALL CEASE,
AND NOT RESUME UNDER THE SAME DIRECT OR INDIRECT
OWNERSHIP FOR A PERIOD OF TWO (2) YEARS .
C. LICENSE NOT ASSIQN«\61«1 OJ DANSDBABI,E . NO
LICENSE ISSUED PURSUANT TO THIS CHAPTER SHALL BE
ASSIGNABLE OR TRANSFERABLE .
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D. DUTIES OF IJCENSE HOLDERS . IN ADDITION TO
REQUIREMENTS OF CHAPI'ER 1 OF TlllS TITLE, THE
FOLLOWING DUTIES ARE REQUIRED OF LICENSE HOLDERS
UNDER THIS CHAPTER:
1. NO ADDITIONS TO INVENTORY MAY BE MADE DURING
THE PERIOD OF THE LICENSED SALE TO THE STOCK
OF GOODS SET FORTH IN THE INVENTORY ATTACHED
TO THE APPLICATION FOR LICENSE.
2. LICENSE HOLDERS SHALL KEEP AV All.ABLE AT THE
PLACE OF SALE A DUPLICATE COPY OF THE
INVENTORY SUBMITTED WITH THE APPLICATION
AND SHALL PRESENT SUCH DUPLICATES TO
INSPECTING OFFICIALS UPON REQUEST. EACH
LICENSE HOLDER SHALL FURTHER KEEP AVAILABLE
FOR INSPECTING OFFICIALS HIS STOCK RECORDS OR
OTHER RECORDS OF HIS BUSINESS RELATING TO SAID
SALE OR HIS APPLICATION FOR A LICENSE .
3. LICENSE HOLDERS SHALL NOT EMPLOY ANY UNTRUE,
DECEPTIVE OR MISLEADING ADVERTISING .
4. LICENSE HOLDERS SHALL CONDUCT THE LICENSED
SALE IN STRICT CONFORMITY WITH ANY
REPRESENTATIONS IN ADVERTISING OR ANY
HOLDING OUT INCIDENT THERETO.
5. LICENSE HOLDERS SHALL KEEP ANY GOODS
SEPARATE AND APART FROM THE GOODS LISTED IN
THE FILED INVENTORIES AS BEING OBJECT OF SALE,
AND MAKE SUCH DISTINCTION CLEAR TO THE PUBLIC
BY PLACING TAGS ON ALL INVENTORIED GOODS IN
AND ABOUT THE PLACE OF SALE, APPRISING THE
PUBLIC OF THE STATUS OF ALL SUCH GOODS.
E . REMOVAL OF GOODS . IF ANY GOODS DESCRIBED IN THE
INVENTORY ARE REMOVED FROM THE PLACE OF SALE
AUTHORIZED BY THE LICENSE, THOSE GOODS SHALL LOSE
THEIR IDENTITY AS THE STOCK OF ANY OF THE "SALES"
DEFINED BY THE LICENSE . NO LICENSE WILL BE ISSUED
UNDER THIS CHAPl'ER FOR CONDUCTING A SALE OF THOSE
GOODS REMOVED FROM THE SALE THAT IDENTIFIES THEM
WITH THE ORIGINAL LICENSE .
Scs;tjop 2. Sa{etY Clau111 The City Council, banby finch, determin•, and
declarea that this Ordinance ia promulfated under the poeral police power of the
City of Eqlewood, that it ia promul1atecl for the bNltb, aafety, and welfare of the
public , and that this Ordinance ia n-ary for the s,r.ervatiOD of health and
aafety and for the protectiOD of public convenience and welfare. The City Council
further determine• that the Ordinance bean a ratiODal relatiOD ID the proper
lesielative object aousht to be obtained .
Sa;tigp 3. Scxerahility If any claUN , •ntenc:e, parqraph, or pert of t.bia
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Ordinance or the application thereof 1D any penon or circwnatancea ahal1 for any
reason be adjudged by a court of competent juriacliction invalid, such judgment
shall not affect impair or invalidate the remainder of this Ordinance or its
application to other persons or circumltances.
Sed;ign ' In@nlilf:OPt Ordjnancea All other Ordinancea or portions thereof
inconsistent or conflicting with thia Ordinance or any portion hereof are hereby
repealed to the extent of such inconsiatency or conflict.
Sed;ign II Effect of ".IIIMI or modjficatjon The repeal or modification of any
proviaion of the Code of the City of Eqlewood by thia Ordinance ahal1 not release,
utinguiah, alter, modify, or change in whole or in put any penalty, forfeiture, or
liability, either civil or criminal, which ahal1 have hem incurred under such
proviaion, and each proviaion ahal1 be treated and held u atill remainini in force
for the purpoaes of auataining any and all proper actiom, auita, proceeclinp, and
proaec:utiona for the enforcement of the penalty, forfeiture, or liability, u well u for
the purpc.e of auataining any juqment, decree, or order which can or may be
rendered, entered, or made in such actiona, auita, proceeclinp, or ...-utiona.
Sec;tiop 6. ftnalu. The Penalty ProviaiOD ofE.11.C. SectiOD l+l ahall apply to
each and every violation of thia Ordinance.
Introduced, !'Nd in fwl, and pMNd Oil tint nadiDc on the 4th day of November,
1996.
Publiahed ... 8iD far -o.•· Oil tbe 7th day afNavaaber, 1996.
Tboaaa J . Burm, Mayor
ATTEST :
Loucriahia A . Ellia, City Clan
I, Loucriabia A. Ellia, City Clen afthe City af.,..._., Colorado, hereby c:ertify
that the above and fantaial ia a tr,ae copy af a 8iD far u OrdillaDce, introduced,
read in fwl , and puaed on tint rMdiac on the 4th day af Naftlllbar, 1996.
Loucriahia A . BUia
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COUNCL ca•IINCATION
.,... ~111111 .....
November 4, 19N • far .. 01111-cnallrlg a MW
10 a 111
C,..., 11 (Allalla .... ) In TIie 5
of tlle Cly Code, ... IWIIOVlng ..
...... fnlm .. moralDflum. ......... I,,..-.... .....
-of Ananc:ial 8ervtoN Dndor'
COUNCIL GOAL AND PREVIOUS COUNCL ACTION
This 1111 for .. onlnanoe cnlllel 8 MW Chapler 11 In TIie 5, of tlle Cly Code. Thia ac:llol'I la 8 ..... of the
rncnlortum being In effect.
Al Ille May I, 19N lbldy lllllion, uff ...,,.. 1119 prapoNd fflOl'llllltuln wlh a. Council. On June 3, 19N,
the ca, Council rNd and 1Ja1NC1 Ordinance 25, a... of 1• on tlnlll lNdlng. Thia Onlnance Nlabllllled the
rncnlortum to run fnlm June 10, 19N to December 10, 19N.
RECOIDIIENDED ACTION
Staff r•comm111ds Cly Councll appn,v9 11111 1111 for• orclr•ICI.
IIACKGIIOIN>, ANAL'Y918, AND ALWTIVD INNII ED
TIie 5, Chapter 12 WM part of 1111 moratorium M blgai on June 10, 1• .......... ...._..,. lnllludld In
11111 Chllpler, lncludlng Garage..._, Dlr9CI....., ..__ v.ndors, Auala...._ PNlllllopl, Pollcl •
Dalec:tive, CllllllmM TIN l>Nllls, Coff.1111 •ll and RIil HafflN, ... Gcllllg Oul of...,_ ....... This
llclrlN Is bnlUn CM Into b own Clllpler' for-of ta.
The only e11ang11 to a. provtllor• forlllll llcera lncludl llow .__ ...... 111 ai, ,11 alllllacl, adding
dlftnltions, and c:INnklg up Clllpler' .......
This prapoNd onlnanoe wll NmCM 1111 llcera flam 1111 fflOllllollum.
No dematlves ..... ldentilled.
flNANClM. .. ACT
The Cly of Englewood colllded SS0.00 In .... for 11111 llcera In 1115.
UIT Of ATTACHIIENTS
Copy of • propGMd 1111 for an onlnanoe
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BY AUTHORITY
ORDINANCE NO . _
SERIES OF 1996
OOUIICII, mu.MO. •
INTRODUCED BY COUNCIL MEMBER _____ _
ABILLIOB
AN ORDINANCE REPEALING TITLE 5, CHAPl'ER 12, SECTION 1A, OF THE
ENGLEWOOD IIUNICIPAL CODE 1985 PERTAINING TO AUCTIONEER
LICENSES AND ENACTING A NEW CHAPl'ER 18, AUCTIONEER AND WIDCH
REMOVES AUCTIONEER 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 eatabliabecl a temporary nspeeian or
moratorium of certain miacellaneoua buain-Ii-for a period of m IDCllltba
with the J11111A11! of Ordinance No. 25, lm'i• of 1996; and
WHEREAS, the moratorium or temporary IU,pelion iDcludecl auctioneer
licensee; and
WHEREAS, the City of Englewood liceDIN auctiODNn to ensure qualified penone
eqqe in tbie endeavor; and
WHEREAS, proof of licenainf by the State m Calando will help maure only
qualified applicant. are lic:emed;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sec;tioo 1. The City Council m the City m Bn,lewood. Colmado ._.., npea1a Title
5, Chapter 12, Section 1A, mtbe Enpwood Municipal Code 19115, ud enac:ta an-
Chapter 18, entitled Auctioneer which lbaU read u follawa :
CIIAPIDll
AVCftONBBll
SECTION :
5-18-1 : DEFINITIONS
5-18-2 : LICENSE REQUIRED
5-18-3 : APPLICATION FOR LICENSE
1-11-1: DBF1N1T10N8: FOR THE PURPOSE OF TH1S CHAPl'Elt THE
FOLLOWING DEFINfflONS APPLY:
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AUCTION:
AUCDON BOUSE:
AUCTIONEER:
ITINERANT AUCTIONEER:
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A PUBLIC SALE OF LANDS AND
GOODS TO THE IUGHEST BIDDER
BY A LICENSED AND
AUTHORIZED AUCTIONEER OR
fflNERANT AUCTIONEER.
AN ESTABLISHMENT THAT
REGULARLY HOLDS PUBLIC
AUCTIONS IN THE CITY OF
ENGLEWOOD.
A PERSON LICENSED TO SELL
LANDS OR GOODS OF OTHER
PERSONS AT PUBLIC AUCTION.
AN AUCTIONEER TRAVELING
FROM PLACE TO PLACE
WITHOUT A PERMANENT
BUSINESS LOCATION IN THE
CITY OF ENGLEWOOD.
1-18-1: UCBNSEBBQVIIIBD: ITSHALLBEUNLAWFULTOHOLDAN
AUCTION, OPERATE AN AUCTION HOUSE, OR PERFORM THE SERVICES
OF AN AUCTIONEER OR ITINERANT AUCTIONEER WITHOUT A LICENSE
AS REQUIRED BY TIUS CHAPl'ER.
1-18-3: APPLICA110Nl"OllUCENBB:
A. THE APPLICATION FOR AN AUCTIONEERS UCENSE SHALL BE
MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5,
CHAPTER 1.
B. IN ADDfflON, EACH APPLICANT SHALL PROVIDE PROOF OF
CURRENT LICENSING UNDER THE STATE OF COLORADO.
Sec;tion 2 . Lic:eme Fee : Licenae fw for tbia Cbapt.er aba1l be detmmiDed and
aet by City Council in accordanc:e with 1-1-8 oftbia Code.
Sed;jgp 3. LicemN required: It lball be unlawful for uy penon to act u u
Auctioneer without fint proeuriDc a lic:eme . All proviai-of Chapter 1, of tbia
Title are applicable u well u thoee apec:ial proviai-liated below .
Sed;jgp ,. The Enil-ood City Council eatabliabed a taaporuy aupenlk,n or
moratorium of certain miacellueoua buain-li-for a period af u mcmtba
with the puaage af Ordinance No. 25, Nri• af 1996 and now ,-cwea tba fallowina
licen1e1 from the moratorium:
Auction
Auctioneer
Auction Houae
Itinerant Auctioneer.
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Sec;tiqp & Saftb Cle11e1 '1'be City Counc:il, hereby finda, determine&, and
declarN that thia Ordinance ia promulgated under the pneral police power of the
City oC En,lewood, tblt it ia promulgated for the bNlth, ufety, and welfare of the
public, and that thia Ordinance ia n-.ry for the iw-rvatian of bNlth and
..r.ty and for the protectian oC public convenience and welfare. '1'be City Council
further determinee tblt the Ordinance bean a ntianal relation to die pn,per
legialative object -.ht to be obtained.
Sec;tigp 6 Sulfllhility If any claue, NDtmce, puqnph, or pert of tbia
Ordinance or the application thereof ID any per-. er c:ircumatancea aball for any
reuon be acljudpd by a comt oC competmt juriadiction invalid, IUCb juqment
aball not affect impair er invalidate the remainder oC thia Ordinance er itl
application to other penom or circumatancea.
Sec;tiqn 7 lncoopjewrt Or4iPIPCII All Giber' Ontinencea ar partiam thereof
inconaiatent or conflicting with thia Ordinance er any portion hereof are hereby
repealed to the utent of nch inc:anaiatency or cantlict.
Sec;tiqp 8 Efl',c:t of IJIIIII w modificetipp '1'be repeal or modification of any
proviaion of the Code of the City of Eqlewood by thia Ordinance aball lllllt releue,
eninpiah, alter, modify, or chanp in whole er in part-, penalty, fodidtare, or
liability, either civil er criminal, which aball have .._ incurred under auch
provision, and each provision aball be treated and held • .m remainiq in force
for the purpo1e11 of auataining any ud all Jll'CIP9' acti-, aaitl, proceedinp, and
proaecutiona for the enforcement oCthe penalty, fixflfitare, or liability,• well• for
the J)Ul'1ae of •uatainins any juqmeot, decree, ar ordar which can ar may be
rendered, entered, or made in nch actiana, nitl, proreedinp, or proaecutiODB.
Sec;tiqp 9. lu,alty. '1'be Pma1ty Paoviliilion oCE.11.C. Section 1+1 aball apply to
each and every violation of tbia Ordinance.
Introduced, read in full, ud pMNd an tint rudins an the «la day oC November,
1996.
Publiahed • a Bill for an OrdiuDce an the 7th day oC ~. 1118.
'l'bcau J . Bana, llayor
ATTEST :
Loucriahia A. Ellis, City Clerk
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read in full, and PMaec1 on lint reac1inf an the 4th day afNOVIIIDber, 1998.
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COUNCL COIIMUMCATION
.,.
November 4, 1•
10 a 1v
COUNCL GOAL MG PMVIOUa COUNCL ACTION
......
-for an Olllll•ioe aNling 8 MW
Cllaplar' 20 (Ctillli1• T.w
lo TIiie 5 of Illa Code • ........
Dli9CIIDr
1'11111111 for an Olldli•ioe a.-. a MW Cllaplar' 20 lo TIie 5 of .. C1J Cede. TIIII Miion II a ....a of Illa
fflOnllorlum being In effed.
Al. Illa May 8, 1-lludy Nlllon, llaff dllcl...S Ille pnlpNld manlDitum wlll Illa Council. On June 3, 1•.
Illa Cly Counc:11 rNd and palNd Onlnanca 25, 8eitN of 1• Olll lnal ....... 1'1111 Owlll•• 8llablllhed Illa
fflOnllorlum to run from June 10, 1• to Decambar 10, 1•.
IIECOl•ENDED ACTION
Staff l'9CllffllMlldl Cly Counc:11 approve 11111 1111 for an Olldlilanoa.
IIACKGIIOUND, MAL'ftll, MG ALTBINATND mNll'IID
TIiie 5, Cllllpler 12 wa part of Illa fflOnllorlum lbal lllgan OIi June 10, 1•. Numaaua .__ .. Included In
11111 Cllllpler, lndudlng Garage Sales, Dnd ...... ....._ VendDra, Aldal-. hMllllopa. Polca and
Dllec:llve, CIW1llmal T.w DNlera, Conv1l11 ce111 and R9II HOllw, and Going CM of 1u11iW ...... 1'1111
llcanN Is bnlkan out Into b own Cllaplar for-of ....
CIW1llmal T.w DNlera W9 ududad from Illa moratorium. The Oilllr dlangel IO Ille pnMIIOII• forlllll llC8la
.. how llcanN .... and depclllla ..... ~ ..........
No......,. ... ldlnlllled.
PINMICIAL .. ACT
The CIJ of Ellgll DDd calaclad lil0.00 In fNs for 11111 llcala In 1 ••
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ORDINANCE NO. _
SERDS OF 1996
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BY AUTHORITY
A BILL FOR
COUNCIL BILL NO . 67
INTRODUCED BY COUNCIL MEMBER _____ _
AN ORDINANCE REPEALING TITLE 5, CHAPI'ER 12, SECTION 1A, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO CHRISTMAS TREE
DEALERS LICENSES AND ENACTING A NEW CHAPl'ER 12, CHRISTMAS
TREE DEALERS.
WHEREAS, unlicenaed Cbriatmu TrN dealen may leave lit. littered with
un-aold ~ after the Cbriltmu INIOD; and
WHEREAS, a pre!lrlaN reatoration depolit ia required to euure the licenaed
premiNs ia cleaned and rNtored in a timely manner;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
CIIAP'lml 11
SECTION :
5-12-1 : DEFINfflONS
5-12-2: IJCENSE REQUIRED
5-12-3: APPLICATION FOR LICENSE
5-12-4 : SPECIAL CONDfflONS AND RESTRICTIONS OF THE LICENSE
1-11-1: Da'INfflONlk
AN EVERGREEN OR ARTIFICIAL
TREE WIUCH IS TO BE
DECORATED WITII UGlffll AND
ORNAIIENTS IN TIIE INTBRIOR
OP A HOME, BUSINBSS, OR
OTIID PLACE DURING THE
CHRISTMAS SEASON.
1-11-ll: LICBNBB BBQUDUm: IT Slw..L BE UNLAWFUL FOR ANY
PERSON TO MAKE CHRISTMAS TREE SALES PRIOR TO OBTAINING A
LICENSE FROM THE LICENSING OfflCER EXCEPT FOR TIIE FOLLOWING :
A. GREENHOUSES HOLDING A VALID CITY SALES TAX
LICENSE .
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B. TREE AND PLANT NURSERIES HOLDING A VALID CITY
SALES TAX LICENSE.
5-IN: APPLICA'DONFORUCENBE:
A . THE APPLICATION FOR CHRISTMAS TREE DEALER SALES
LICENSE SHALL BE MADE IN ACCORDANCE WITH THE
PROVISIONS OF TITLE 5, CHAPTER 1.
B . IN ADDffiON THE APPLICANT SHALL BE REQUIRED TO
PROVIDE A DEPOSIT FOR RESTORATION OF THE LICENSED
PREMISES.
5-IM: 8PBCL\L CONDfflONBAND IIBB'IIIICDONB OF 'DIE L1CBN8B: IN
ADDffiON TO LICENSING CONDffiONS SET FORTH IN CHAPTER 1 OF
THIS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY:
A. BMIQBAIJON OF YCBNSEO PBEWS'f!S: LICENSED CHRISTMAS
TREE DEALERS SHALL AGREE TO RESTORE THE LICENSED
PREMISES TO THE ORIGINAL CONDffiON NO LATER THAN TEN
(10) DAYS FOLLOWING DECEMBER 25. IF THE LICENSE HOLDER
FAILS OR REFUSES TO RESTORE THE PREMISES AS REQUIRED,
THE CITY LICENSE OfflCER SHALL ORDER THE AREA CLEANED
AND RESTORED TO ITS FORMER CONDffiON. ALL COSTS OF
THE CLEANING SHALL BE BORNE BY THE LICENSE HOLDER.
THE LICENSING omen SHALL INVOICE THE LICENSE HOLDER
FOR ANY COSTS IN EXCESS OF THE DEPOSIT, OR RETURN ANY
UNUSED PORTION OF THE DEPOSIT TO THE LICENSE HOLDER.
Sec;tiep 2 . Liceme Fee : Liceme fw for tlm Chapter lhall be clet.ermined md
aet by City Council in accordanee with 5-1-8 oftlm Code.
Sec;tiep S. Licea-required: It lhall be unlawful for my perwi to act • a
Direct Seller or Itinerant Vendor without first procurina a lic:eme. All proviaiom
of Chapter 1, oftlm Title are applicable• well a thoae apec:ial proviaiona lmed
below .
Sec;tiep ,. Stfetx Cl1uu1 The City Council, benby fincla, det.min•, and
declaree that tlm Ordinance ia promulpted under tbe pneral police paws of tbe
City of En,lewood, that it ia promulpted for tbe bNltb, aafety, md welfare of the
public, and that tlm Ordinance ia n~ for tbe sn-rvation at bealtb and
aafety and for tbe prot.ection of public convenience md welfare. The City Council
further determine. that the Ordinance bean a rational relation to tbe proper
lerialative object aoupt to be obtained .
Sec;tiep 5. Scxcrabjljty If my clauae, NDt.ence, puqnpb. or part of tlm
Ordinance or the application thereof to any .,..._ or cimamatan-abaU for any
reason be acijud,ed by a court of compet.-t juriadiction invalid, IUCb juqment
shall not affect impair or invalidate h remainder of du Ordinance or itl
application to other ~ or circwDataDcel.
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Secticm 6 lnameilY!Dt OrdiDIDCill All other Orclinancea or portiona thereof
inconailltent or conflicting with dlil Ordinance or any portion hereof are hereby
repealed t.o tbe atent of euch incomiateDcy or c:cmflict.
5ec;tim 7 Effect pf'..,., er modific;etipp The repeal or modification of any
proviaion oftbe Code of the City of En,lewood by tm Ordinance llball not releue,
utinsuiah, alter, modify, or chanp in whole or in pmt any penalty, forfeiture, or
liability, either ci'ril or criminal, which llball baft bem iDcarred UDder euch
proviaiC1D, and each prcmaion lball be trNt.ed and bald • IIWl rem•inin1 in force
for the purpmN of euateiniq any and all prapa-ectiam, lldtl, proceedinp, and
proaec:utiom for tbe enforcement oftbe penalty, fOIWture, or liebility, •well• for
the pmpme of auateininc any judplaat, decne, or .... wbich can • may be
nmdered, mtered, or made in euch ectiam, euita, .. 1 ~ 11 flnp, • prONCUtiana.
S@sticm 8 . flultx. 'lbe Penalty ProviaioD of E.11.C. Sec:tiaD l+l lball apply t.o
each ud every viol•tion of thia Ordinence.
Introduced, reed in full, and peued CID &nt reedin, CID tbe 4th day of November,
1996.
Publiahed ••Bill for an Ontinance CID the 7th day ofN-11er, 1998.
Thomes J . Burna, ll•yor
ATTEST :
Loucriahia A. Ellia, City Cla
I, Loucriahia A. BDil, City a.rt of tbe City of J!:nalewoocl, Colondo, hereby
certify that the above and fantainl is a true copy of• Bill far an Ordinance,
introduced, reed in full, and.,_.. CID Int l"Ndinf CID the 4th day of November,
1996.
Loacriabie A. Ellia
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COUNCL COWIUMCATION
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November 4, 1• N far an onlnlncl auUng • new
Chapler 22 (Police and Delec:tive
10 a v 8eMoea).ln TIie 5 of Ille Cly
Code, and ramovlng Ille --
fnlm Ille moratorium. .......
Frank Dnclar'
COUNCL C10AL NIIJ PIIEVIOU8 COUNCL ACTION
TIiis piapoNd 1111 for an ordinance creates • new Chapter 22 In TIie 5 of Ille Cly Code. TIiis ac:llon Is • INIII of
Ille moratortum being In effect.
M Ille May 8, 1-lludy ...ion, llaff dlaclald Ille prapoeed fflOfllllDlluln wllll Ille Council. On June 3, 1•.
Ille City Council rud and peaed Ordinance 25, 8erlel of 1118 on ftnal l'Ndlng. TIiis Onlnance tlltabllltled Ille
moratortum to run nm June 10, 1118 to Deolmber 10, 1118.
IIIECOl•ENDED ACTION
Staff NCOl'IWMlldl City Council approve 11111 1111 for an Ol'lll1811C8.
IIACKGIIOUM), WL.ftll, NIIJ ALTBINA'IW WI& &
TIiie 5, Cllapler 12 wa pad of Ille fflOl'aloltum 1181 ..... Oft June 10, 1• ......... .__ .. lndudad In
1h11 Chllpler, lnc:ludlng ca.,. ...... Dnc:t....., ...... v.ndln. Audia...., .......... Polee and
Deledlve, Ctwlllmal T,.. DNllrs, Conv1l11 CIIC and fllal HalMa, and Going CM of ...... llcaMN. TIiis
llc:ense Is brOken out Into b own Cllllpler far-of -..
Polk:e and Delec:tive wer9 lndudad In Ille rnortlaltum. TIie on1r c11a11aa to .. p,ovltlol• far 11111 11cera ..
how llcenle,... and depollts ...... ~ ......... and dlllllloi• of "daltc:IIM ..... and "polloe ......
a,e Included In Ille MW Chllpler.
No allemallYeS were ldeNlfted.
FINANCIAL .. ACT
The Cly of Englewood collected 11,210.00 In,.. farllllt .__ In 1115.
UIT OF AffACl791T9
Copy of• propoNd 1111 for an onlnlncl
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ORDINANCE NO . _
SERIES OF 1996
BY AUTHORITY
AIIILLJOR
ODUNdL BILL NO. 88
INTRODUCED BY COUNCIL MEMBER _____ ~
AN ORDINANCE REPEALING TITLE 5, CHAPTER 12, SECTION lB, OF THE
ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO POLICE AND
DETECl'IVE SERVICES (PRIVATE FIRMS) LICENSES AND ENACTING A NEW
CHAPTER 22, ENTITLED POIJCE AND DETECTIVE SERVICES (PRIVATE
FIRMS) AND WlDCH REMOVES POIJCE AND DETECI'IVE SERVICES
(PRIVATE FIRMS) FROM ORDINANCE NO. 25, SERIES OF 1996 WHICH
PERTAINS TO THE MORATORIUM OF IJCENSES IN THE CITY OF
ENGLEWOOD, COLORADO.
WHEREAS, the Englewood City Council eatabliabed a ._parary auapenncm or
moratorium of certain miamllaneoua buain-licenw for a period of aix mcmtba
with the puup of Ordinance No . 25, Nriea of 1996; and
WHEREAS, the moratorium or ._porary auapenaicm included police ..-vicea and
detective eervicea (private firma) liceneea; and
WHEREAS, because of the trust citizem place in providen of police and detective
services a eeparate license ia required; and
WHEREAS, a bacqround inveatipticm ia required to eaaure only pencma without
a criminal bacqround provide theN Nl"rices; and
WHEREAS, aome licenae holden carry weapcma that could enclanpr the public ao
a license and bacqround check will help euure that cmly qualified pencma perform
tbeee ..-vices;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
S@s;tigp 1 . The City Council of the City of En,lewood, Colorado hereby npeala Title
5, Chapter 12, Secticm lB, of the Enpewood Municipal Code UN16, and enact.a a new
Chapter 22, entitled Police And Detective Servicea (Private Firma) which lha1l read
u follow,:
CIIAP'IDII
POUCE AND DE'l1llCTIYE 8BllVICB8 (PBIVA'DC FIIIIIB)
SECl'ION:
5-22-1 : DEFINITIONS
5-22-2: IJCENSE REQUIRED
5-22-3 : APPIJCATION FOR IJCENSE
5-22-,: SPECIAL CONDfflONS AND RESTRICTIONS OF THE IJCENSE
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6-11-1: DEFINITIONS: FOR THE PURPOSE OF TlDS CHAPTER THE
FOLLOWING DEFINITIONS APPLY:
POUCE 8EllVICB8:
DE1D.;1iYB SEKVICBS:
NH: UCBNBE BBQ1.JIBBD:
SERVICES PROVIDED BY PRIVATE
FIRMS OR INDIVIDUALS TO PRESERVE
THE PUBlJC ORDER AND
TRANQUILLITY, THE PROMOTION OF
THE PUBlJC HEALTH, SAFETY, AND
THE PREVENTION, DETECTION, AND
PUNISHMENT OF CB.DIES.
SERVICES PROVIDED BY PRIVATE
FIRMS OR INDIVIDUALS TO DETECT
CRDONAL ACTIVITY OR DISCOVER
MA'ITERS OF SECRET AND HARMFUL
IMPORT FOR THE PROTECTION OF
INDIVIDUALS AND THE PUBlJC.
IT SHALL BE UNLAWFUL FOR ANY PERSON TO PERFORM POlJCE OR
DETECTIVE SERVICES WITH A PRIVATE FIRM IN THE CITY OF
ENGLEWOOD WITHOUT FIRST OBTAINING A lJCENSE.
6-D-3: APPLICA110N l'Oll UCBNIIB:
A. THE APPlJCATION FOR A POlJCE OR DETECTIVE SERVICES
(PRIVATE FIRMS) lJCENSE SHALL BE MADE IN ACCORDANCE
WITH THE PROVISIONS OF TITLE 5, CHAPTER I .
B. IN ADDfflON THE APPLICANT SHALL BE REQUIRED TO
SUBMIT TO A POlJCE BACKGROUND INVESTIGATION AS
PART OF THE APPlJCATION PROCESS.
Wl-4: BPBCw. CONDl'l10NB AND IIIB'DIICliONII 01' TIIB LICBNIIE: IN
ADDfflON TO lJCENSING CONDfflONS SET FORTH IN CHAPTER 1 OF
TIDS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY:
A. NO PERSON WITH A FELONY RECORD SHALL BE ALLOWED
TO OBTAIN A POlJCE AND DETECTIVE SERVICES lJCENSE.
B. EACH APPLICANT SHALL BSTABlJSH THAT THEY ARE
QUAIJnED TO CARRY A WEAPON .
5t,;t;jgp 2. The Encl-ood City Council Ntabliabecl a ._panry aupeuiOD or
moratorium of certain mi-Uaneoua bum-licmw for a period of m mODtha
with the punp of Ordinance No . 25, ~-of 1996 and now nm-tbe followinc
licenaea from the moratorium :
Police Servic:ea (private ftrma)
Detective Servicea (private ftrm1).
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5w;tigp 3. Safety Clauee• The City Council, hereby finda, determin•, and
declare• that this Ordinance ie promuicated under the pneral police power of the
City of En,lewood, that it ie promulcated for the health, safety, and welfare of the
public, and that this Ordinance ie n~ for the .,_ryation of health and
safety and for the proteetiCID of public conffllience and welfare. The City Council
further determin• tblt the Ordinance bean a ratiaaal relatiCID to the proper
lesielative object -,ht to be obtained.
5w;tim 4 S,xmbiljty If any claue, aentmce, puqraph, or put of tbia
Ordinance or the applicatiaD tllanaf' to any Jlll'IOD er cimuutancea lhall for any
reuon be acljudpd bJ a coart of caa111tmt jurudietion invalid, aucb judsment
lhall not affect impair cr invalidate t. remainder of tbi8 Ordinance er ita
application to other penaaa cr c:ircumatacea.
Sec;tiqn A tncm;e&et Qdineacee All other Ordiuncea ar portiona thereof
inconeietent or conOic:tiq wilb dlie OrcliuDce er any portion hereof are hereby
repealed to the atent of euch incmeteteney or contlict.
Sec;tiqn § E1Jrrt p( ..,.1 w medjfiytipp The repeal or modification of any
provision of the Code of the City of Enpewoocl bJ this Ordinance lhall not release,
emn,uieh. alter, modify, or cbanp in whole er in put any pmalty, fwfmwe, or
liability, either civil or criminal, which lball baft .,_ incurred ander such
provision, and each proviaion lhall be trNted and held u atill nmainin1 in force
for the purpoeee of •uataininr any and all Jll'GI*' actiou, nita, proceedinp, and
proaec:utiODI for the enr-ent afthe pmalty, farfeitun, or liabilitJ, u well u for
tbe pu,pcae of •Ultainins any judpamt, decree, er arder which can er may be
rendered, entered, or made in IUCb actiou, IUite, prac.tnp, cr proeecutiODI.
Sec;tiqn 7. fJmal.u. The Penalty Proviaion ofE.11.C. Section 1+1 lhall apply to
each and every violation of tbie Ordinance.
Introduced, read in full, and puled OD Int reediq CID the 6 day olN__.,
1986.
Publiahecl u a Bill for an Ordinance on the 7th day olN__., 1118.
'l1lamu J. Burna, Mayor
ATTEST :
Loucriabia A. Ellie, City Clerk
I, Loucriabia A. Ellie, City Clerk of the City of.,.__., Coknllo, blnby eertify
that the above and fCJnllOUII ie a true copy of a Bill far an 0. If nm a, batnduold,
read in full, and puaed OD tint reediq CID the 6 day of N ........ , 1118.
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IIIIOUfflON NO. _
SIRIEs OF 1998
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A RESOLUTION AUTHORIZING THE ENGLEWOOD PUBLIC LIBRARY TO
IMPLEMENT THE ANNUAL "FOOD FOR FINES" PROGRAM FROM NOVEMBER 12,
1996 THROUGH DECEMBER 20, 1996.
WHEREAS, the Enpewood Public Library baa ...-,ad a "Food for Finee" JJl'Oll'UD
during the Novemberfl>emmber botida:,a for the put m years; and
WHEREAS, the "Food for Finea" ..,..... aUowa patrom with overdue fiDee to "pay"
them off tbroup the danation al--periabable food it.ema; and
WHEREAS, the food it.ma an thm forwarded to the lnt.erFaith Tuk Force for
diatribution to financially diadvant.apd familia in the En,iewood area; and
WHEREAS, the JJl'Oll'UD iii a bmefit to the community in that the diudvant.apd are
umt.ed and the air cleared with reaped to fiDee and the City receivinJ ita library
material, back ;
NOW,. THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
5ec;tim 1. 'lbe Enpewood City Council hereby aathariw the Eqlewood Public Library
implementation of the annual "Food For Finee" Jll"Gll'8lll from NClfflllber 12, 1996 throup
December 20, 1996. Tbe "Food For Finee" will then be bwanled to the Int.erPaith Tuk
Force for dilitribution to financially diaadvantapd familiee in the En,lewood area.
ADOPl'ED AND APPROVED thili 18th day al Nowaaber, 1996.
Tbcmal J. Butna, llayor
ATTEST :
Loucrilhia A. Ellil, City Clerk
I , Loucrilbia A. Ellil, City Clerk for the City al l'iltpwood, Colorado,~ certify the
above iii a true copy al Reaolution No . S... al 1996.
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Date
November 4, 1996
Initiated By
Library Department
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COUNCIL COMMUNICATION
Agenda Item
10 a vi
Staff Source
Subject
E,vewood Plj)ljc Ubrary's Annual
·Food for Fines• Pnvaffl
Hank Long, Director of Ubrary Services
COUNCU.. GOAL AND PREVIOUS COUNCIL ACTION
The l..lnry tas spoilSONld this progrwn for the pat six yws. and w:h year the City Cou,cll tas voiced their
support of the prosJaffl.
RECOMMENDED ACTION
The Ubrary Department rec0111,•lds City Coln:II approval ot a Re90lution authorizing the Ubrwy
Department to implement Its annual ·Food for Fines· progrwn from Tuelday, November 12 thn>lql Friday,
December 20, 1996.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
For the past six years, the EnglM.ood Public Library has spoilSONld Its ·Food for Fines" progrwn during the
November/December holidays. This annual progrwn allows petrans with overdue fines to ·pay" them off
thn>lql the donation of nc,n,perilhable food Items, e.g. POI fpgd 11wD cancels out the late c:twges (not lost or
damaged c:twges) on POI AYIPM ltlm, Food Items nut be ~ to the l..lnry Staff at eltlw the
Cin:\ation Desk or at the Boolcmoblle In order for the fines to be da.-ed from the patron's ~ record.
The collected food items se then fawardad to lntarfalth Talk Fon:e for dlltribution to ft.•ldally
disadvantaged families in the Englet.ood .-. This pnvam tm bean warmly NCeived by the pMc ...:. Its
inc:eptiorL Besides providing Nl90UralS to needy ,.,... in this community, the pragram prwnts a pcllitlve
image of the Library and the City, Le. a •wirH1fin• litlation for -.yone Involved. The 1996 progrwn wll
run for lix weeks.
FINANCIAL IMPACT
The Library avenges $1,200-$1,500 per month In colec.t •i.te fines• (Le. c:lwgn on boob and ads
Items m&ned past their due date) which go beck Into the City's General Fini 0wtrv the month ot Dec:enar
for the pat few years, this amcu,t ot overdue fines tm drapped to an._.. ot ~s 1,000, no cba In
f'NPOI• to the ·Food for Fines· program. This most IIGlly ,.... that the City wll again loN $400-$600 In
overdue charges during this year's ·Food for Finn" program.
UST OF ATTACHMENTS
Resolution I .
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OIIDIHAMCB NO. _
SERIES OF 1996
BY AUTHORITY
COUNCIL BILL NO . 56
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNIIBNTAL AGREEMENT
BETWEEN THE SOUTH ARAPAHOE SANITATION DISTRICT, SOUTHGATE
SANITATION DISTRICT, THE BOARD OF COUNTY COIOOSSIONBIIS OF THE
COUNTY OF ARAPAHOE, WASTE MANAGEMENT OF COLORADO, INC., AND
THE CITY OF ENGLEWOOD, COLORADO AIIENDING THE CURRENT
WASTEWATER TRANSMISSION AGRBEIIBNT.
WHEREAS, the City Council af'the City af'Bnalewoocl, Colorado autbariud a
Wutewat.er' Tranamimon Acr-mt with the puup of' OrdiDaDce No. 27, Series
of' 1995; and
WHEREAS, the Waatewater Tranamimon Asr-ent all-eel South Arapahoe
SanitatiaD Diatrict to ace.pt coUect.ed atonn -•. wbich wou1d tbm flow into the Big
Dry Creek Jnt.enllptar, which ia owned ill various ....... by tbe Soutbpte
Sanitation Diatrict and Enpewood, and wbicb would ultimately flow into the Bi-City
Wastewater Treatmmt Plant; and
WHEREAS, the Wut.wat.er~ Aar-t autlMsued •-and
eeparate --«:tiOll to permit the cliacbarp of' cantamiDated .m-t 6-a pouad
water coUediOD pampiDs and tnNmieeim .,.._ locaW on Tract Kat the
Fairways al Soudl Subartlan, FiliDt No. 8 Salldmlia; IIDd
WHEREAS, the aimn, 1,-t.em cmeietmtly pmpe W-5,100 to 5,IOO pDcma
per day wbicb ia paaped and diac:barpcl to the -12 baan,....,..., .......
tiaN at a l'MII af'W-7 to 9 pllona per mimde; and
WHEREAS, the amount of IJ'Olllld water caUec:t.d by the.,._ ia ...-dim
oripaaUJ -ticipaud IIDd a request bu been made by w ... v-··-to .....
the esiatiq w ..... at.er Tranamimon Acr-t to allow for -additiaDal 8,000
pllcma per day a( cliacbarp to the NDitarJ ...... ud
WHEREAS, Waate v.n.a--it bu uo nqu1•1d dial the.,.._ Ila allond to
operate contiDuoualy at a rate aat to ....a 1,000 ...... ,--,, the propaaad
eontiDu-pumpin, will enable the .,.._ to mabdaill a .... ...,_ ill the trwb
and 11111Dp that uaure hydraulic capture of' pouad watar; and
WHEREAS, the Amendment bM a1rwtJ been aa+vtad by the South Anpaboe
Sanitation Diatrict, Soutbpte Sanitatian Diaaict, the Coaaty of' Anpabae ud Waate
Mana,ement of Colorado, Inc.;
NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCU. OP TIii CITY
OF ENGLEWOOD, COLORADO, AS FOU.OWS :
Sw;tiqp 1. The iDterpverDmeatal ......-t ·Aam:bmt To ..--u•
~ the South Arapahoe SaaitatioD Dialrid, ......... 8-itaticm Diltrict, the
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Board of County Commiuiooen of the County of Arapahoe, Wute Manapment of
Colorado, Inc ., and the City ofEqlewoocl, Colorado amending the Wutewater
Tranamiuion Apeemeot, attached hereto u "Emibit A,• ii hereby accepted and
approved by the Englewood City Council.
Sectim 2. 'l'be Mayor ii authorised t.o -te and the City Cledt to at.tat and Mal
the Amendment to~ for and OD bebalf of the City of Eqlewoocl, Colorado.
Introduced, read iD full, and puaed OD tint readiDt OD the 2J.at day of October 1996.
Publiabed M a Bill far aD Onlimmee OD the Mtb day of Odillblr, 1118.
Raad by title and p-.1 cm tbaal l'NllliDc CID the 4th day ofN__., 1996.
Publiabed by title• Onlimmee No._, S... of 1996, cm the 7da day of
N°"-ber-, 1996.
Tbomu J. Buru, Mayor
ATTEST :
Loucriahia A. Ellil, City Clerk
I, Louailbia A. Ellia, City Cledt of the City oflnpwood, Colando, hereby
certify that the abo¥e and fonpinf ia a tnle C11PJ of tbe Onlimmee peaaed OD ftaal
readinf and publilhed by title u ~ No. __. S.-of 1996.
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AMENDMENT TO AGREEMENTS
THIS AMENDMENT is made and entered into effective u ot
Auguat __ , 1996, by and between SOtrrB ARAPAHOE SANrr.Afi01'
DISTllICT, a Colorado quaai-aunicipal. corporation c•south
Arapahoe•); SOO'?IIGATE SANITA1'IOB DIST1lIC'%', a Colorado quaai-
aunicipal corporation c•southqate•); the BOUtD OF COtnl'l'Y camxs-
SJ:ONERS OF THE COtnl'l'Y OF ARAPAHOE, a body corporate and politic at
the Stat• at Colorado (the •eounty•); 'l'IIE CITY OF DGLEWOOD, a
Colorado mmicipal. corporation c•Enqlevaod•) and WUTZ DHAGElmlff
OF COLORADO, INC., a corporation ("WKC•).
nan•, the Partiu have entered into various ac;rewnta ta
provide tor the transaisaion and tr-tllant at atona watars
containing contaminants or potential canta•in•nta trow the County
Lin• LAndfill; and
ffDJQ.1, by such agre-.nta, the Parties lilllited the rate of
discharge t:-om the Landfill and the maxiawa volume• at wastewater
theret:-om to be treated at the Bi-City Treabent Plant, owned
jointly l:)y Englewood and t!le City of Littleton and operated and
managed l:)y Englewood; and
WKZPEIS, t.~• Parties deem it appropriate to modify the said
limitations on discharge rate and volWDe at this till•;
BOW TBDDOU, tor and in consideration of the mutual promisu
and undertakings herein set forth, th• Parties ac;r•• u follows:
§•gion 1. Sul:lsection a.1 of the W•stewater Tranaaiaaion
Agreement dated as of March 31, 199!5, by and between the Partiu to
this Amendment, is uaended by deleting the words and figuru •one
Thousand Dollars ($1,000.00)• and by ~tituting therefor the
words and tigures "One Thousand Five Hundred Dollars (Sl,!500.00)•
at bot.~ places in said Subsection a .1 where the said words and
tigures appear.
§•ct ion 2, Sul:lsection 10. 1 of the Wastewater Transaiasion
Agreement dated as of March 31, 199!5, by and between the Partiu to
this Amendment, is heral:)y amended to rud in 1 ta entirety as
follows:
10.1 Wastewater trow both Tap• coabined shall be
discharged into South Arapahoe Facilitie• at a sul:latan-
tially constant rate not to exceed 6.2!5 gallons per
minute; provided, that not aora than once each day other
than during the hours specified immediately below, the
discharge r•te may be increased to a uxiawa of l6. 2!5
gallons par minute tor not wore than 1!5 ainutu, and
provided .turtlle.r that th• rate of discharge shall not
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exceed 6 gallona par ainuta between th• hours of 5: 00
a.m. and 10:00 a.:m. and between the hours ot 5:00 P·•·
and 10: oo p. :m. daily. The vxi:mma dai1y discharcJ•
permitted is 9,000 qallona.
sactign 3 , Paragraph , of tha Pirst Amendaent to th•
Conaolidatad Aaendaants to Aqraaants dated Karch 21, 1995, by and
between Englewood, the county and •c, 1a uandad to read in its
entirety•• foll.ova:
4 • It 1a aclmowledqad by the Parti.. that baaed
upon an a9Z"Hd equivalent ain9la-faai1y ruidentia1 unit
wastewater tlov of 200 qallona per day, the vaatavatar
flow antarinq th• ayataa froa both the nav and separate
connac:tiona aball not axcaed t, ooo qa1lona per day
capacity previously acquind by the COmrrY equivalent to
45 r .. idantial units.
sactign , , Except u axprualy mndad by this Aaandaent,
th• &l:)ove-rafarancad Wastewater Transmission A,;raaaant and Pi.rat
Amendment to the conaolidatad A:mand:ments to ••-ants aba1l r ... in
in full !ore• and attect as written.
sections, Th• county and WMC shall be jointly obligated
to reimburse south Arapahoe and Southgate for the anc;inaaring and
legal tees they have incurred and will incur in responding to the
request by the County and WMC tor this Amendment. Th• amount ot
such reimburaa:ment shall be dataninad after this Aaandaant is duly
exec:-.ited and aclcnowladged by all Parties and shall be paid within
30 days after th• invoices are issued by south Arapaho• and
Sout.'lgata.
IN WITNESS WHEREOF, the Parties have set their handa and seals
e!!active as of the day and year first above written.
SOOTH AllPAHOE SANill'l'l:ON DISTIUCT
C S E A L
By: ~l,_,;f'&& 5
Daid Christen.en, Pruident
Debbie Militello, Secretary
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[ S E A L ]
A'rl'EST:
Loucrisltia Elli•
City Clerk
[ S E A L ]
c:AINk30.IIZ\I ... I
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aaUD OP comm CCWNl'SSXOJIDS,
OP UIUAIIDB
Ciff 01' 11GL1P>OD, c:m.oRIDO ..
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CQlln:lff OP S01J'1'II DGLDIOOD
~Olf DISDIC'? •o. 1
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SOtJTB DGLEWOOD ~Olf DIS'rlll:C'? IIO. 1, beinq a party to
this a-in Interceptor Aqreaaent, ac:Jcnowledqu receipt of a copy of
this AIIElll»IDT TO AQllEDl!lffS, and declaru that it conaenta to th•
same having been entered into by the other partiu to said Buin
Interceptor Agreement.
Sapt---
DATED this~ day of A.11 ... t, 1996.
[ S E A L ]
ATTEST:
CA&\DIII Ddflllf.l
SOOTH ENGLEWOOD ~ON DISTRIC'?
MO. l
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BY AUTHORITY
ORDINANCE NO. _
SERIES OF 1996
COUNCU.. BILL NO. 57
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE U .S . GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT
OF THE INTERIOR AND THE CITY OF ENGLEWOOD, COLORADO ENTITLED
U.S. DEPARTMENT OF THE INTERIOR U .S. GEOLOGICAL SURVEY JOINT
FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS.
WHEREAS, a atream flow pp located at Unian A-ue and the Sout.b P1att.e
River, i1 operated and maintained by the U.S. Geolopcal Sunwy and bu bNn iD
operation lince 1990; and
WHEREAS, the data provided by the Painl l&atiaa ia required by the State Water
Commillioner iD order to make rel.-from Chatfield Beaervoir durina low Oow
1ituation1 iD which imufflcient water ia available to meet pumpin, dmlanda at
Union Avenue Pump Station; and
WHEREAS, the Englewood Utiliti• Department ._ iD the annual cost of
operating and maintaining the station on a 50/50 buia, with the U.S.G.S .; and
WHEREAS, the City Council of the City of Enpewoocl, Colondo authorized a Joint
Funclinc A,rNment For Water l't!IIOUl'Ca lnvestiptiom Apeammt with the
pauap of OrdiDanc:e No. 20, Seri• of 1998; and
WHEREAS, the Joint Fundiq A,reemmt For Water 1-wrcee lnvestiptiom
Agreement WU for the period of October 1, 1996 throuab Septwnbw 30, 1998 iD the
amount of $4,225.00 from each party; and
WHEREAS, thia Ordinance autborila a new joint fundiq acr-t iD the
amount of $4,350.00 from each party;
NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Soc;tigp 1. The iDterpvenuDental ..-mt "U.S. 1>9partment Of The Interior
U .S . Geolotical Survey Joint Fundiq Acr-mt For Wat. INCllarcN
lnvemptiom", for the period of October 1, 1996 to ........ 80, 1117 iD the amount of
$4,350.00 from each party, attached hereto u "Esbibit A.• ia banby-.,t.ed and
approved by the Eqlewood City Council.
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Sectier a. 'lbe Mayur ia autbariwl to mte and tbe City Clerk to att.Nt and -1
the lnt.erpverDmmtal Jaint Fwadiq Aar-ent For Wat.er Soun:ea lnveatiptiom
for ud CID behalf or the City ol .,.__., Colorado.
Jntroclucecl, read iD fwl, and ....... CID flnt l'NlliDI CID the 2ht day ol Oc:tiober-1996.
Publiabecl Ma Bill DD Onlimmce CID tbe Mtb day olOdablr, 1996.
Read by title uc1 ....... an tlDal readiDr an tbe «h day olNowmaber, ltN.
Publiahed by title • OrdiDaDee No. _, Seriea ol ltN, an the 7tb day ol
November, 1996.
'1bomM J . Burm, Mayor
ATTEST :
Loucrishia A . Ellil, City Clerk
I, Loucrishia A. Ellil, City Clerk olthe City ol.....,_., Calando, benby
certify that the above and foncaiDI ia a tne copy ol tbe Onlimmce ...... Gil ba1
reading ud publiabed by title • OrdiDuce No. _, S... ol 1991.
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Form 1-1:,ee
(May 1 IIINI)
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U.S. Department of the Int.nor
U.S. Geological Surwy
Joint Funding A.....-,t
FOR
-Awaun:ie lnwetlpllol•
Aanement No. C097031
Cusaomer No. C0108
THIS AGREEMENT is entered into u d the 1st day of October 1996 by the U.S. GEOLOGICAL SURVEY,
UNITED STATES DEPARTMENT OF THE INTERIOR, party d the first part. and the Cly of Engle ood, party d the
second part.
1. The partiel henllo agrw thet llbjact to the 11\lllllily d appiapiimole and in acca1dl11ce wilh their l9llpedll,e uhoriiN
!hint shd be mainlainad in c:oop11111io11 operlllon and n•••w of Iha i111w11nuw gaging llallan, Saulll Plllla
Rlwr at Union Avenue, t.reinlftar called the pqiwn.
2. The following amounts shall be contribut9d to cover al of the COit d the n.c1111 '/ llald and analyticlll work dlrec:tl'f
relllled to this program.
(a) S4.J50.00 by the party d the lil'lt part during the pariod
October 1, 19'6 to S.,ember JO. l"7
(b) $4,350.00 by the party d the NCOnd part cuing the period
October l, 19'6 to s.,ember JO. 1"7
(c) Addilional or reduced amounts by each party during the aiov. pariod or auccNding periodl u may be dlt.,..._
by mutual ~ and set forth in an nchanga d l.allS betwNn the partiea.
3 . The coeta of this program may be paid by either pany in COllfomitr wilh the lawa and rwgulationa ,-pec.tivel'f
governing NCh party.
4. The field and analytical work pel1aining to this progiam NI be under the direction ol or llqecl to periodic rwvi9w by
an authorized representative ol the party d the lil'lt part.
5 . The.,... to be included in the program shall be dltemined by nuual.....,.... balwrl the partiN herllto or their
authorized representatives. The methodl efl1Jlo¥9d in the lilld and alllce lhal be time adaplld by the party ol Iha
lil'lt part to insure the required standmds of accuracy albject to modllmlion by m&aal ..,.....,..
6 . During the course of this program, all field and anal'flical work ol eiltw party .--•111 to Ilia piagrMi lhal be open
to the inspection of the other party, and f the work is not being c:aniad on in•~ I C cby .....,, .._ party
may terminate this agreement upon 60 days written natice to the alhar party.
7 . The original records resuling from this pn,gram wil be • ..ct in the ollce d origin ol ttme 19C01da. Upon 19qUN1,
copies d the original recOfds will be p!OYided to the office of the alhar party.
8 . The maps, r9COldl or reports l'9IUling from lhil l)l'09l'MI lhall be nade ___. to the pi.Mc a~• poaaible .
The maps. r9COrds or reports nonnal'f will be p!bliltl9d by the party d the ._ part ~. the party al the NOOIICI
part rnervea the right to publish the rNUla ol lhil program and. f alr..ty publillwd by the party al the ._ piart .....
upon request. be furnished by the party of the lil'lt part , • COit . iup.wue ...._ tor pgpoeaa al ~
limilar to that for which the original copy wu prapsed. The ffllSIS , MCOlda or ...,._ ~ by ei1tw party Ital
contain a ssatement ol the coopeiative relllliona belWNn the pm1iea.
9 . Billing for this a~ wil be rendered umMIIII . Patn*• al bill .. due wilhin
50 days after the biHing dale . If not paid by the due dale . inlereal wil be charged at the cun9II TrN8Urf rare for each
30 day period. or portion thered, that the paymenl is delayed be'/Of,d the due dale . (31 USC 3717; Coi,4A1ulwr
General File 8-212222, August 23 , 1983.). Cityof!nllewood
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U.S. GEOLOGICAL SURVEY
UNITED STATES
DEPARTMENT OF THE INTERIOR
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. / / I -'/.1 /'/. ,..,1 /s:C: 1</_.,,.fr......_-n.~,
I (SIGNATURE .. TITLE) /
Actina District Chie;; Colorado Dillrict
By ______________ _
Thomas J. Burns, Mayor
By ______________ _
By ______________ _
(USE REVERSE SIDE IF ADOmONAL SIGNATURES ARE REQUIRED)
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ORDINANCE NO. _
SERIES OF 1996
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BY AUTHORITY
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COUNCIL BILL NO. 58
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICT AND
THE CITY OF ENGLEWOOD, COLORADO ENTITLED INTERAGENCY
AGREEMENT CONCERNING DRAINAGEWAY IMPROVEMENTS ON WEST
HARVARD GULCH IN THE CITY OF ENGLEWOOD, ARAPAHOE COUNTY,
AGREEMENT 96-08.09.
WHEREAS, West Harvard Gulch flowa through the northweat ,reenbelt area from
south Zuni street to south Pecoe street in the City of En,lewood and thia apeement
covers drainageway improvements to West Harvard Guieb; and
10 b 111
WHEREAS, the emting facility conlilts in part of a 66" diameter pipe which
currently overflow, on the IIUl'face and boll culverts at Tejon and Raritan which have
experienced over-topping of the roadways; and
WHEREAS, aeveral pipe failurN were noted in 1991 and the City retained the
services of Muller Eneineerinc to do an evaluation during which aevere
deterioration of the pipe invert wu obaerved; and
WHEREAS, the City applied to the Urban Drainap and Flood Control District for
funds to rehabilitate thia s,--and approval for fundin, for alternative analysis
and preliminary delip wu pm in early 1994; and
WHEREAS, the a1tenaatift wbicb baa bem c:boam ill to -the pipe and
conatruct an open channel -,.-; and
WHEREAS, the City requmted Urt.n Drainate to~ the capacity of the two
box culverts to reduce ovw-toppinc ol the roadways; and
WHEREAS the total project coat ii Ntimet«I at 1652,825.00 with En,lewood'1 share
being $116,072 or 17 .7ft, and thil ap-t ill lltnactunld to allow the City to pay
$50,000 in 1996 and the remaininr $66,072 in 1997;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
Sm;t,ion 1. The intersovemmeatal arr-m•t "lnterapney A,reement
Concerning Drainapway Impnwemmta On Wen Harvard Gulch ID The City Of
Englewood, Arapahoe County -A(nement 96-08.09", attacbed hereto u "Emibit A,•
i1 hereby accepted and approved by the Eqlewood City Council.
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Sedim 2. 'l1le M.,... ia authari&ed to aecute and the City Clerk to attNt and wl
the In~ .Acr-mt for ud CID behalf of the City of Eqlewood,
Colorado.
lntrodueed, read ill full, and puNd CID ftnt readiltl CID the 211t day al October 1996.
PubJiabed u a Bill far an~ cm the 1Mb day al October, 1188.
Read by title and~ cm 8Dal readiltl cm the '1h day alN.,...._., 1188.
Publiabecl by title u Ordilumce No. _. S.-al 1188, cm tbe 71h day al
November, 1996.
'lbomu J. 8111'11S, Ila,-
ATTEST :
Loucriahia A. Ellia, City Clerk
I, Loueriabia A. Ellia, City Ciak oftbe City al~ Colando, hereby
certify that tbe abaft and,....., •• true copy altbe OnliDaDce ..... -8Dal
readinf and publiabed by title • OnliuDee No. _. S... al 1916.
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Dn1!1tAOl!NCY AORl!l!Ml!NT CONCl!llNINO
DRAINAOBW A Y 1MnOVIIMl!Nl'S ON
Wl!ST HARVARD GULCH IN 1111!
CITY OP ENOU!WOOD, ARAPAIIOB COUNfY
TIHS A....-,_... *J or 1996, 1tJ Md
~ Ille UllBAN DRAINAOB AND PLOOD eotrnlOL Dln.lCI' (llenlMfter called
"DISTIIICT") Md crrY OP BNOLBWOOO ~fter called "BNOLBWOOD") (ud
collecdvdJ bowa a .. "PA1t11BS")
wrTNl!SSB111:
WHBUAS, .. ODlDladD a-al Aalllll!J la 19'19 ad 1913 _... ll·l 1·
217(1)(C), ColcndD lcYbN SIIIIIICI lffl ID....._ DISDICI' ID 1"J .. ID ... ....
(.4) •Ill fartlie•---,,_.,...,,, ......,. ................... ..
DISTalCl';Md
Wlll!lll!AS, 32-11-201, OlllaM ..._. ...... lffl, 11 _.... la 19'19 .. 1913,
rur111er authortua lhc DISTalCI"a ...... or DilslDrl ID ....... 1 .,...._aic _. alfara
pn11m11 or ,.._ive _. s ct far N:11.....,. _. n 1fl h witWII • DISTRICT;
ud
Wlll!llBAS, .... DISTIIICJ"a ...... or IJllaclDn, ...... ID ............ .
adopled a budpl for 1996 (Raaltldaa ND. 49, 111111 ol 199S) wllk:II IIICISIIIII ...... b
prcvenslve ••lnnea•cc or.....,. aad ...... Clllllnll ladliliea .-i. .. DISTRICT; aad
WHl!ltEAS, she DISTlllCI"a lloanl or DiNclarl ..................• , fl -
fCN' lhc 1996 Malan, 1 cc Wan Prapa,a (RCIDlildaa No. 61, Saia ol 199S); _.
WHl!ltEAS, she DISTalCJ"a ...... or Duman .......... l!uClldve Dlnclar ID
COlllflCI for dloae NrYicca -, ID ........ t1ie 1996 Nst II n e Wan ..... _
(Raolllllaa No. 61, Saia of 199S); aad
Wlll!llEAS, she DISTRICT'n lloanl or Diledall ..... I Jll2licJ ... -...
DISTRICI' pollcJ rqudhia die....,._ or ..... 1M llaad Clllllnll ladlllien wWsia tlie
DISTRICT (Raahillon No . 41, Saia or 1971); 1M
WHl!llEAS, l!NOLEWOOD Illa m1c1J ................ ,_.. ....
relafon:ed cmade boll culvat l .. o, 2 .. IS J I 2 fldllria.
wttl!ltEAS, DISTlltcr wl l!NOLBWOOO IIIWe w 11aa1 ...... or ,,t rt mu.n ..
..._..., ••l•P-cc aad ....__....._Clllhal tqau r ....... .., 1
c:auullal; ..
WHBaBAS, DISTalCT .. l!NOUIWOOD .... ID_._. .. ftllll ...... fll
lllllallllillll"• I I •r r1l121 •m_......__llDaaihalbrp,su s •
w .. lllrvlNI o.ldl.
NOW, 111Dlll'OU, la rte .... ., .. __, ........................
PAl11BS .... • followa:
I . ,,.,..,.,
DISTRICT 1M l!NOLEWOOO wl6 ,aped ID cauPnlClioa al nhnll 1112111"
.._., .. ,_. ......_ __ .._ Clllvat 1111+ ... ow.-... 21• W• lllrMnl
o.1c11 ............
2. IOJPB Of PIOIICI
'111s projlcc .. _..,,,,.. csh or• I I as, 111 111---
lzcWlza I pGlllllll ...... _, ...._, 1 ......... ..-dllan.d, 1-
96-0l.09
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N 1111it.~p,iiliiif•r 1111111 111 i ~;·! !if 111
1~11-,1 11 ~ 111 ~;J '. Ill, I I; l1!t 111 ~11 ~J J.. 11 -!1 I J 1· H ti{! •. !11
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1111 !II 1,~1~1j! •i 1f!lf!t l!i111!f11 ti 1 i1il,~J •h! :11 , 1·1 •l1 1
1flh 1,,,. 1111 11 !·11 •• I'~ i 111 1 ft lft 1
'1 IJII I I
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rf I llij tl!ffJ lf1'!Jilf 1f)1IIIJ•f1' f1;1'f(111'i11 .
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AT1111T:
(111,\L)
A1TSIIT:
....
UDAN mAINACIB AND
111.00D CON'l'IIOL IWISillt'I'
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an .. aa.awooo
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AOllEl!MBNT RBOARDINO PUNDINO OP
crrY OP l!NOLEWOOD CITY-WIDB
OITll'AU. SYSTl!MS Pl.ANNINO
,\lflCllll8I No. 96-0l.06
TIIIS AOREl!MBNT, lllade lhlc *Y al , 1996,
by and bel-lhe URBAN DRAINAOB AND PLOOD eotn'ROL DISTRJCI" (IIINlalfta'
called "DISTRICT") and crrY OP l!NOLBWOOD (llen:laafter called "BNOLBWOOD");
WITNl!SSBTH 111AT:
WHBRBAS, DISTRICT la apallcy ....._.,......., ...... ~No. 14,
Saia of 1910), a...-i • llllllllt lDIIIIIII public bodlll wllicll llllve ....... __.
llaodplala --.-; ....
WHBRIIAS, DISTRICTliaaplfflOlllly ........... a Wart....._ b 1996
(llelllludoll No. 60, Saia of 199S) whldl lndtldll --........ ; ad
WHEREAS, DISTRICT 1111d BNOLBWOOD dalre ID app • ....-r ID
reads C81ala lldlnlcal and prolealaul advice Md ID ...... lafaraadaa, .......... ,
wl ID rac am mead dalp IIJlullOlla ID IIICll dlllilllae pnibleal wlllda -la .......... al
lnohllll paniea; ....
WHBUAS, DISTRJCl"Md llNOUIWOODdelire ID ................. ID
c:aaduct ................
NOW, Till!UPOU, la comldendma oldie ..... ,........._ ......
l'lltia lllnlD ... u fallowl:
I. AU6
DISTlllCl" ..................................... ID ..... .. ..... ,~anm1a~w1111_....-... .. ,......a1.1111n1
dlllilllaellllllWI.,... .... _____ ......... aalllllit .........
.,....,1996.
2. SCQP8 Of PIOQ!CT
.....
The purpaee al die praject la ID de¥llap a ......... Cllllfall.,... --
.... illchidiaa llydnllaaic .......... ; ..................... lbllcal
----. ~ ..... .., ..... ,..., ........ radlillMaad
..,.--i I ....... IDpnwideeftldlal ..... .,... ......... ......
AREA . Tllepn11111mwlt........................ zP Lpaf
aillinc ......... ...,.. ,_... ~ BNOU!WOOD,-, 11W
...tt, •,ela; 1 ,_,__............_., • ........_......_ ......
aoll r.llllc Cllllfall .,._ ca lleMII I «•jalltW. C IC 11m ...
be liffll IO CIIIIII, eailllic Md pnlplllld ..... .,...., ......... CN'
flood prablanl, -quality rntr I I I, -...... , .. rlpl.ef·•r
rarictlon1. CaaceplNI ....._ ..... will Ila ....... _. ........ _.•
compuillNI with Oilier altenlla ca lie .....
Dral-,e .,._ p1aan1., will be._,.._,..._~ ................. ~
DISTRICT, Clll__.ifta la a 11111r.n .,._ __ .......... 0..S .. llnl
phue, 111e-.i-..... ,err-a1, ........................ ID ......
• lnror..i lllenlllive IIPll'1 CDalalalas llrief praject .....,.., lllldy llillaly,
IIChcmallCI al alllnallva *"laped, .i, CIIIIII Md a....._ c.l .. ,-_.
COIII of IKll allerllale. A ............. will Ila ..... ~ DiS'nJCT Md
C!NOLBWOOD after Ille lmlW •...._..al .. n.c ......_ ......
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o.t11a lhe .....i ..................... ID,..._a ..-, I , .....
l'or die lelected allenlllve, wWdl ..................... ,-11p1111.
3. PJJIIJC NJ!CP.UO:X
BNOLl!WOOD and DIST1UCT ......... ..t ID• perfaralll ........ ID
1h11 Aan:ement 11 _,,for ... ._.., 11111,, malolt, www. I , 1M
weir-of all lhe people of ... Stlla, 1M la of partlclllar liadll ID ... ............
of lhe D1ST1l1CT 1M BNOLBWOOD IM ID ..... pnlflltJ ... .
4 . PllQIBCT COSTS
IINOLBWOODIM DISTlllCT ....... ._ .. ,.,_at ... ~
prajadallll _.._...al, 1M lie Hallld ID, .............. ...,ilalNW of
......................... CDl!lf If le,......, ......... ID
l!NOL8WOOD .. DISTlllCT. l'nljed _.. _ ..._. .... __.
S ICI0,000.00.
5. 69 I OC:ADQN QP COSTS ANP PINANQAJ. OWNDNJIID W'
PD 8MXJD .um QIUIIC[
DISTlllCT .. l!NOLl!WOOD ..... _.. _.... IDWlldl .. prajad ODIi
................ 4 .................. _..__ ..
tlie,rajed: ......... ....,_ -· c ......
DISTlllCT 50 .001' S 50,000
l!NOLIIWOOD ..II.In .....JDJIIII
TOTAL IGO.OH SICI0,000
,.,_. bJ DISTlllCT al S,0,000 _. 11J 1!NOU!WOOD al S,0,000 ... 1111
aadelDDISTlllCT .... 45Clllaadar..,.aftlrlllllll....i.al ... ~-
,,. pa,-.tl IIJ DISDICI' ad lNJLBWOOO ID DISnlCI' ... • .... 11J
DISDICT ID pa, for .. .__.. al .. ,rajed • ......... 11J DISTlllCT
aftlrcomln1llawllll1Mw1wofauJ!WOODad• .........
DISTlllCT .. pnwlde .............. al ....... .
AU'-*_,.111111111d la• ............. accauat 1M d ...... _.... bJ lllil __ ..... _....ID..W---. Al-*lalaell•JN_.ID..,._,
,rajed CIIIIII.
&a•ewa•.-ca 1·1aal .. Pftltld,llllle ... _......,.wlildl
--~ ................... 181:11 Part, .............. a1 .. ...... wlildl ........... ..,..._ ........... Oillllll ... ..,
adlPut,.
6. PIADICI NAfflNO
BNOLBWOOD wll pn,vWe. _....... cltJ·wldl ...... ID ....... ,
llllded .. ,_.. l'nl la Alllo-Cad v..:. 12 (Varika 13 lfawillllla 1M
lllllble by-,:-). 'l'lie aellded ...... wiU lie ...... ID pnwlde ftakl
veriflcallon of Ille ay coapc,.all of ....... .,.. ID• allllll ,rajed
llladl panall lM ... _.., ........ • ..... by ._. l'llrdll ID ... Aa.-t.
7 . PL\HHINQ CQNDACI'
Upm lUClll'aa of ... A ....... , DISTlllCT ad l!NOU!WOOD ... 1111d • -.:..r __..y ....... IO all pan:... DISTRICT, ..... ..,_.; of
BNOLBWOOD, .... Clllllrlcl .......................... ..
_..... .. ...., ........ , lof .......... olflll I , ...... . .... I
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1'11,-1 for 1M ..... camad(I) .... lie .... lly DISTllJCI' a .. wmlt
prapeaa ,_ lliepnljed,.. ..................... 'lllowe.
I• die nail dill la !lie ---of .. -.It .............. cxalnel(I) It
becama _, ......... c:e.ae .. .,... al..t, ...... far_..
chaqa will flnt be.__. .... 1'11111111111111 ~ ....... ,,-al
concurrace recelwd llefaoe i-al-, dmp onlen • ....... No
chlnaa .... I be..,,._.. .......... c:alll lle,-I ................. ...
projectr ... 1111_._... .. ......._.,...._.. _ _..... .. ,
DISTRICT llld l!NOLBWOOD lly • n I h I I ID ... Aar-i•
I. PJIBLl$UBQ IU!PORD
DISTRICT wlU pnwlda ID BNOLBWOOD-capy al ..... .........
en! ......... the ..... al• .... lilllllllhe .............. -CllpJ al
... ftClllll'allS,-...................... ., ...... ...,...,_ ...........
9. DINIHAUON OF AQBBBNIH[
Thia~ .. , lie 1a111 ........ ...., (]O)..,. Wllllla lllllloe.., .,
party ID Ilda A&W, llul oaly lrlliere 1191111 ~. lliiM 1 ti I cmlndl,
H lllere ue c:oalin&ml, CIIIIIIIIIIIIR& cmlndl, 1h11 A...--•J caly be
~ upon lhe ancellllloa of Ill Clllllillaent, ....... Cllll1lll:II. Al c:alll
-,ci11ec1 wllh lhe ancelllllon al die Clllllhtpnl aJalnlcll _. lie ...... ...._
ENGLEWOOD 111d DISTRICT ill Ille -1111on(1) a -.. Clllllrtbuliou
111d IUbjecl ID Ille mul-.__. al Ilda l'llly'I CGlllllNlllaa a • bdl ....
10. lfSPQNSIIIUQES OF l!NQU!WOOQ
ENGLEWOOD...-ao ...... ad mlp I pnljed 1epr 1 live IOld oa
behalf of ENOLl!WOOD 111111 _,,.. ...... die lhllllel ......_ ......
ID dlb11 ....... '11111 rep. I lwllllll_...,.111 ......... .......
aellled luua--DISTRICT ad l!NOLBWOOD, NII ...... Ill....-
meetl•11, and lhlll be aapoullJle for pn,vldlaa 111 Plillllll pnljed RIiied file
i•fOfffllllon IO Ille rm•ltlal ........ lly DIS'BICT. Slid 1epr 1 Jl'fe wlU
111w the llllllartly for• appnMII, ........ lllllloea •-
required ................. SIie aa,daa ., .. ...., ..... ...
Ap...a or •J 1r1n••• 11 or.....,...,._ A...--...... dftmllJ
lllllloriml ID dD ID lly l!NOLBWOOD.
ENGLEWOOD ..-111 motew • ........ _..., pn,widl___,. ...._
21 calaldar days.-die drift lepillll 111\19 Ilea pn,,,IIW IIJ DIS'nlCI' or ..
project cnal-lO ENOLBWOOD. Alao, l!NOUIWOOO ·-• ........
lllenllllva paaalled III IM llllnldve llpllfl, ID aelecl • lllerlllllw ..i .alfy
DISTRICT of their dedaloa(a) wldlla 60 Cllladar dap after die 111111 ..........
eval.alon repoal ii pn,,,IIW IO ENOLIIWOOD lly DISTRICT.
11. RU.,PQNSIBIUQl!S OF Qlffl!C[
.......
Nolwllllllandl111 •J of 1M pn,v11iaM of .. A..--a, Ille BalCllllw DhaclDr of
the DISTRICT, .-cooni-dca wldi l!NOLBWOOD, NII Ill IM IIIIIJ
mdlvidull llllhoriald to dllllCI or l9dlnlcl ._ lffal1 flllldad _.. IMI Apaallll.
DISTRICT IIIIJ appoilll I Paojecl Dheclor wllo NII ....... llucla1IWI
Direclol In llllllal aell1ed IO die -.It .... llu ApaeamM. la ......... ..
l!uculiw Dillclor ii 11111 IYlillble, I ... , llllliorilld ........ Ill ......... lly
DISTRICT ID -111 ol 111B r11p a 11111111111 al .. llullldft .,__ ......
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f1ift 111 1,ii i,i 1t Ii ii ·i ii 1!1 1li! 111!11111 . r I ..• i' I I t 1 ii I 1 1 1 ur J I·
0
. liJ Jl1Jf If Ir ~ I 1111 '11 lrtJ ~ J ilt . 1 Jlj§ !il ti !! I ti;i I.J 1'!i: fl,
liJ f,1:~ ill ~ 'I i 111· i' ~ !l .!
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1111..,._., ........ _.......... '"' ....... _._
fll ... A.-, ......... .,...................... • ... ..
.... , _.. .l!NOUIWOOO .. •DllftJCI', ................ ..
11111 A,-............ ., ........... "' ..... .,., ...
CN'tlllnl ........ 4 .................... .,....wooo
.... ,.. Dll'nlCT .. ., ..... ..., ..... aa.llWOOD••
DISl'RICT ........................ "" , ..... .._. .. .................... ,...,.
WHIIUPOU, ............. _. ... ...._ .... __..,......, ................. "' ........ ,... ..... .......
(IIIAL)
A1TIIIT:
A1TIIIT:
I
lmAN DMINMIBAND
l'UJOD CDlfflllDL DllftJCI'
., ________ _
.......... --~-L----..
an OP INJLIIWOOD ., _________ _ ,.. _________ _ ..
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•
om>JNANCB NO._
SERIES OF 1996
• •
BY AUTHORITY
COUNCU.. BILL NO. 158
INTRODUCED BY COUNCIL
MEMBER HATHAWAY
AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT
BETWEEN THE URBAN DRAINAGE AND FLOOD CONTROL DISTRICJ' AND
THE CITY OF ENGLEWOOD, COLORADO ENTITLED AGREBIIENT
REGARDING FUNDING OF CITY OF ENGLEWOOD CITY-WIDE OUTFALL
SYSTEMS PLANNING, ARAPAHOE COUNTY • AORRBNENT 96-08.06 .
WHEREAS, in 1971, a atam draiDap plan•• imlli-t.ed to det.smiDe
feuible metboda to accompliah storm draiDap prot,ec:tion; and
WHEREAS, with the coutracticm of atonn draiDap ay9tema recommended
through that ltudy, ..... floodia, in En,lewood bu been lipifbntly reduced;
10 b 1v
WHEREAS, in 1995, the City applied to the Urban Dninap and Flood Control
District for funda to develop a storm drainap outfall system Mast.er Plan for smaller
tributaries; and
WHEREAS, the Urban Drainap and Flood Control Diltrict approved matc:bina
funds for this plaDIUJll project; and
WHEREAS, this a,reement ii needed in order to cletamine the need for flood
protecticm for small tributaries;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU.. OF THE CITY
OF ENGLEWOOD, COLORADO, AB FOLLOWS:
Sec;tim 1. The interpvernmental a,reement • A,reement Rep.rdinc Fmadiq Of
City Of Englewood City-Wide Outfall Systems PwmiDc · Ap.ment 96-08.06,"
attached hereto u "E:sbibit A.• ii hereby -s,ted Uld approved by the Eaclewood City
Council.
5ec;tjgp 2 . The Mayor ii autbariwl to -ie Uld the City Clerk to attest and wl
the lnterpvernmental A,reement for and on behalf of the City al Eaclewood,
Colorado.
Introduced, read in full, and puaed on Int readini OD the 21st day of October 1996.
Publiahecl u a Bill far an Ordinance OD the Mtb day of October, 1998.
Read by title and pMNd on final reedinc OD the 4dl day ofNovmabw, 1998.
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Publiabed by title u OnliDace No. _, Series of 1996, OD the 7th day of
November, 1996.
T1Mmu J. a-. 11ayor
ATTEST:
Loucriahia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk of the City al Baalewood. Colando. ._..,,
certify that the --and fonsoinl ia • tnae copy at the OrdbaaDce puaed Oil flDal
reading and publiabed by title u Ordiname No. __. Series of 1996.
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COUNCIL COMMUNICATION
0... Agellda ..... Subject
November 4, 1996 Bill Far Ordinances Adopting
1w 1997 Budget And
11 a 1 Appropriating F&nta For
f'iecalY .. 1997
Initiated By I Frank -
81aff8oun:e
:-u, ... , .. Of Financial Services Dnc:tor
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
The City Council reviewed the Five v .. Capital Plan (FYCP) at a study NAion held on July
22, 1996. The operating budget for all City dlpertma a and funds wa review9d at lhe
September 28, 1996 budget relrellt. A public hNring regarding the 1997 Propowl Budget
wu held on September 16, 1996. City Council met October 28, 1996 at a study NUion to
fur1her discun lhe 1997 PropoMd Budget.
RECOMMENDED ACTION
Staff recommends Ccu,cil approve the popONd bills for ordirwas adapting the 1997
budget and appropriating funds for fiscal year 1997.
BACKGROUND, ANALYSIS, AND AL TERNATNEI 1>EN1F1ED
The Charter of the City of Englewood requires the City Council adopt bills for ordinances
adopting the next year's Budget and Appropriation Ordinance no later than thirty days prior to
the first day of the next fiscal year.
FINANCIAL IMPACT
The 1997 General Fund budget projects an ending l.lnltrided fund balance of $2,838,327 or
approximately twelve percent of General Fund total eourms of funds for 1997.
LIST OF ATTACHMENTS
Proposed bills for ordinances
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Pr ,~ted Cl"I ~=, ed D1.;ct 1!_
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BY AUTHORITY
ORDINANCE NO. _
SERIES OF 1996
A,IIIU,,ol
CCIUIICIL.U.KO. 18
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AN OIU>DfANCB ADOPTING THB BUDOBT OP '1'118 cm OP BNGLBWOOD,
COLORADO, POil THE PISCAL YEAR 1997.
WHEREAS, pursuant t.o the provwOllll al Part I aC Article X al the Charter al the City of
Englewood, Colorado, adopt.eel by the vot.er'I OD July 8, 1958, a buclpt for the fi-1 year 1997
wu duly aubmittecl by the City Manapr t.o the City Council on Au,uat 29, 1998; and
WHEREAS, a public bearing on the Aid budpt wu held by the City Council within three
weeks after ite aubmiuion at the meean, al the City Council cm September 16, 1998, regular
notice of the time and place of Aid bearing having been published within aeven daya after
submiuion al the budpt in the manner provided in the Charter for the publication al
ordinance; and
WHEREAS, the City Council al the City of Englewood bu studied the budget on numeroua
occasions; and
WHEREAS, it ii the intent o(the City Council t.o adapt the 1997 budpt u DOW aubmitted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
S@ctjgp 1. That the budpt of the City ofEn,&-ood, Colorado, for the ft-1 year 1997, u
submitted by the City Manapr and duly c:onaidered by the City Council after public bearing,
be and hereby ii adopted u the budpt for the City or En,lewood for the fi-1 year 1997.
S@ctjgp 2. GENERAL FUND
Total Fund Balance , January l, 1997
Revenues
Salea/Uae Tu
Property and Specific Ownership Tu
Franchise/Occupation/Cigarette Tu
Licenae/Permita
Intergovernmental Revenue
Charge• for Servicea
Cultural & Recreation
Fines & Forfeitures
um BUDGET
S 4,746,717
14,100,000
l,l7S,400
2,12'Z,721
816,'195
1,372,4157
1,291,5'7
1,195,376
481,848
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1997BUDG£T
Miacellaneoua 8'ffi-D2 Total Revenuea '23,509,359
Ezpenditurea
Legialation 167,8151 City Attorney'• Office B,731 Municipal Court lfOB,757 City Mana,er'a Office 408,461 ... Administrative Service• 1,Jk,W Financial Service• 95'7,G Public Worb 3/11~ Safety Services 11,3l7""' Neipborhood A BUiin-Development IN3,o97 Library Servic:ea lm,486 Recreation Servic:ea 3,113,343
Tran.fen Out • 14,000
Contingencies • mw
Total Uae of Funda • 23,972,328
Total Fund Balance, December 31, 1997 • 4,3113, 7'8
Sec;tiqp 3 DEBT SERVICE ftJNDS
Caa1111ib C--t... ..._. rw. a...w. Pond
Fund Balance, .JaaUU7 l, 1997 • 108,381
Revenues • f/fllBJ
Expenditure. • ,73,G)
Fund Balance, ...,_._ 31, 1N7 • 1112,1181
Pavm. D,i-.i.et 03 n.w a..,,;-ll'mwl
Fund Balance, .JaaUU7 1, 1997 • 18,IIN • Revenue, • sun
Expenclituree • ·-Fund Balance, ..._ ... 31, 1997 • ... .;
I em111 Dimvt u. tc-mte D.imvt iai n.w a...n-......... • • Fund Balance, JaaUU7 1, 1997 • 15,GI
Revenue, • ....
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1997 IQDGEI'
Expenditun!a
Fund Balance, December 31, 1997
Pavioc Qiatrict -Enclewooct f'.ommm:m I; IMulPY Cemcr Dtbt Setrice Fupd
Fund Balance, January 1, 1997 $ <12'l,023>
Revenues
Expenditun,a
Fund Balance, December 81, 1997
Consnrtc Berlerement Qiatrict 1"2 Debt krirc Fupd
Fund Balance, January 1, 1997
Revenues
Expenditure•
Fund Balance December 81, 1997
Pmnc Qietric:t f85 Debt Senrkc Pypd
Fund Balance, January 1, 1997
Revenues
Miscellaneous
Expenditures
Fund Balance, December 81, 1997
PayiAI QilRic:t 13§ Debt Smdcc Pypd
Fund Balance, January l, 1997
Revenuea
Mi1cellaneou1
Expenditure,
Fund Balance, December 81, 1997
fmAI QilRic:t t31 IWJt Smice lYPd
Fund Balance, January 1, 1997
Revenun
hpenditun1 and Traufen
3
• ~
• 1,3)0
• <79,174>
• d3,889>
• 31,21115
• ax>
• <2.\814>
• d67,IIOO>
• 36,100
• 1,3)0
• <328,800>
• <18,1581>
• 4,15111
• 800
• <14,276>
• 1,000
• 8P18
• 8P18
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Fund Balance, December 31, 1997
Cgnc;rete Bcp)lf'ffl')fflt Qiatric;t 1995
Fund Balance, Januuy 1, 1997
Revenues
Fund Balance, December 31, 1996
Sec;tiop 4 SPECIAL REVENUE FUNDS
Cgnlffl'YftiOP Tnat Fund
Fund Balance, Januuy 1, 1997
Revenues
Expenditures
Fund Balance, December 31, 1997
C:omrnunitv Dmt!sPPeot Bkrlr Qnot Fu4
Fund Balance, Januuy 1, 1997
Revenue•
Expenditures
Fund Balance, December 31, 1997
Dop90 Fund
Fund Balance, Januuy 1, 1997
Revenues and Tranafen In
Eq,enditureB
Fund Balance, December 31, 1997
5ec;tign II CAPITAL PROJECI' FUNDS
PublislmprqylP\tDtFund
Fund Balance, Januuy 1, 1997
Revenue•
Eq,enditures and Reaervea
Fund Balance, December 31, 1997
4
1997BUDGET
• 1,000
$ <147,320>
$ 14,700
• &00
$ <133,120>
• 153,818
$ 317,500
$ 314,000
$ 157,318
• 181,T.M
• 2,000
• 50,000
• 133,T.M
• 4'7,1182
$ 1,912,117
• 1,916,91 . --
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CapjtaJ Pmjec;t.e Fund !FYCPJ
Fund Balance, January 1, 1997
Revenues
Fund Balance, December 31, 1997
Sec;tjgp 6 INTERNAL SERVICE FUNDS
Service Center Fund
Funda Available, January 1, 1997
Revenues
Expenses
Funds Available, December 31, 1997
CNit.al hvinmert Btplerernert fupd
Funds Available, January 1, 1997
Revenue,
ExpenHI
Funds Available, December 31, 1997
CeptqJ 8m:xiw Fund
Funds Available, January 1, 1997
Revenues
E11pemes
Fund1 Available, December 31, 1997
Ri1lr Neneamnt SelC·ln1unoca fund
Fund1 Available, January 1, 1997
Revenue,
E11peD1H
Funda Available , December 31, 1997
5
1997BQDGET
• lJi6',liOO . ~
• 115',819
• 809,881
• 196,3118
$1,280.56'
$1,112,3,&8 . .,,. ·~ . ...,
• 882,2211
• 388,719
• '3,875
• 214.IIIO
• D,921
• 56,tlCM ·--• '1U,2'18
• N6,CN6
• IMM,8ll6
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HHlth Stlf·lneunocr Fund
Funcla Available, January 1, 1997
Revenuea
Ezpenaee
Funcla Available, December 31, 1997
Sec;t.ioo 1 ENTERPRisE P'UNDS
w,w Fud
Funcla Available, January 1, 1997
Revenuea
Ezpenaee
Funcla Available, December 31, 1997
SewtrFYad
Fund1 Available, January 1, 1997
Revenuea
Ezpe11N8
Funcla Available, December 31, 1997
St.ggp Pniren Fud
Fund, Available, January 1, 1997
Revenue,
EZJ)ellN8
Funcla Available, Dec:.mber 31, 1997
Gp)( C:aane '9nd
Funcla Available, January 1, 1997
Revenuea
ElEJ)QNI
Funcla Available, December 31, 1997
Pniert B11iH '9nd
Funcla Available, January 1, 1997
Revenue,
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1997 DIIDGET
• 1122,610
$ 2,479,209
• 2,WJ,098
$ D,721
• 431.1811
$ 14,738,5U
• 12,mo,493
$ 3,100,217
$ 2'.519,535
• ~/BJ ·~ • l5,319,2'Z7
• 182,781
• 138,800
• 15.1,416
• 141,11115
• a,773
• 1,708,134
• l,80l,905
• 181,ooa
• 1.17U74
• 1,610,000
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Funda Available, December 31, 1997
5ec;tigp 8 FIDUCIARY FUNDS
NOPemmency PcntiPP Fund
Fund Balance, January 1, 1997
Revenues
Expeuea
Fund Balance, December 31, 1997
Polise PenNPP Fund
Fund Balance, January 1, 1997
Revenues
Expenaee
Fund Balance, December 31, 1997
Fire PenNon Fwyl
Fund Balance, January 1, 1996
Revenue•
Expenaee
Fund Balance, December 31, 1997
\1qlunwr Fireftrbtea Peoeim Fwyl
Fund Balance, January 1, 1997
Revenues
Fund Balance, December 31, 1997
Neltcx r.ow Tnaat Fwyt
Fund Balance, January 1, 1997
Revenues
E1tpenae1
Fund Balance, December 31, 1997
7
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J997BJJDQET
• UOO,OOO
• l,liU,974
$15, '108,372
• 1,2'19,888
• '710,053
$16,277,885
$7,.,.
• 861,733
• 805,806
• 7,561,336
$ 11,993,lSO
• 'llflptlt,
• 812,8118
• 12,0l5'7,522
• --• 41,'182
• 80,ml)
• 574,177
• :1!8,711
• 14,000 I • • 110,000
• 118,711
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Parka Md Bceetim Tmet Fypd
Fund Balmce, January 1, 1997
Revenue•
Fund Balmce, December 31, 1997
Spec;iel Anwmert Svrplv A Defiriena FPad
Fund Balance, January 1, 1997
Revenue•
Espeuea and Traufen
Fund Balance, December 31, 1197
Sw;ti111 9 JOINT VBNTUU:s
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• •• 017
• 1"100
• 5,111N
• 87,J23
• 8,G7
• 11,)31
• 11.881
• Ul'7
Ll'M'LETONfPIQLDQQQ Wil'J'IWADB DB61'NINT PUNT JOINT VENTURR
Funda Available, January 1, 1997 S 11M74
Revenues
Expenaes
Funda Available, 0.C..blr 31, 1197
S25,118,8G
S15,118,N2
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Sw:tim IQ . That the Mid buda'et • ammded wl aocapt,ecl lball lie a palllic NCal'd ill the
office of the City Clerk wl llball lie apm to public iJillpedia. Suffl=-t cap6a tbadaball
be made available far the UN al the City Coaacil wl the pulilic, the • ...._ al cap6a to be
determined by the City .........
Introduced, read iD full, wl puNd cm 8nt ........ the 4th day alNoftmber, 1996.
Publiahed u a BW far an Orctiaaace cm the 7th day alN......_, 1996.
Tbamu J. Buru, llayor
ATTEST :
Loucriabia A. Ellie, City Clerk
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I, Loucriabia A Ellia, City Clerk oftbe City ofEnpewood, Colorado, hereby certify that the
above and fore,oina ia a true copy of a Bill for an Ordinance, introduced, read in full, and
paned cm tint reading OD the ,th day ofNovanber, 1998. ·
Loucriabia A. EUia
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BY AUTHORITY
ORDINANCE NO. _
SERIES OF 1996
ABILLPOR
CIIIMILIII.LRO. N
INTRODUCW}' COUNCIL ., .. ~~
AN OUDWIC& ~ IIOJIDS IO& AU. IIIDUaPAL PUaP08D IN
TRI!: Cft'T or ENGLEWOOD, OOLORADO, IN THE FISCAL YEAR BEGINNING
MIIVAllY 1. 1117, AND 8NDING DIICDIJllll 11. 1117, OOlllft'ftV11MG WIIAT If
TERIIED THE ANNUAL APPROPRIATION BILL POR THE PISCAL YEAR 1997.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Sertim 1. 'lbat there be and there baeby ii !lplll'Ollriatl from tbe Nftllue deriving from
tuation in the City of Enpewoocl, Colorado, from coUecticm of U-r.. and from all other
10urcet1 of revenue inducliDl available fluul balance clurinc the ,ear beainnin1 January 1,
1997, and endinc Decmaber 31, 1997, tbe UDCJUDta beninaft.er Nt fanb for tbe object and
purpoee apec:ified and Nt oppoaite thereto, apec:ifically u follon:
Lepalation
City Attorney'• Office
Municipal Court
City lbnapr'a Office
AdmiDiatrative Services
Financial Services
Public Worb
Safety Servicea
Neipborbood and Buamaa Dev .
Library Services
Recreation Services
Coutiupucy
Tranafera
Total General Fund
• 15'7,851
1189,'131
D,757
408,451
UM,W
957,409
8/1111~
11,387,cM
N8,C8'1
807,4111
3,113,M3
375,llk
Jf(Q)
~
CQIQOZNJTY CENTER BOND PIBI SIBYJCI nnm
Total Community Center Debt Service Fund • 4'13,G>
PAYJNG Dl8'J'lllCT f33 DPT SIBYJCI fflND
Total Pavinc Diltrict 133 Debt Service Fund
PAYJNQ QlffllCT RM'ffln:w DWrict JMJ PIBI SIBYJCI ftJNQ
Total Pavinc Diatrict t3'1Caacnte Debt Serviee Fund . ... I .
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PAVING DISTRICT • ENOLQOQD COMMERCE & INDUSTRY
CENTER DEBT SERYJCE FUND
Total Paving District • Engl-oocl Commerce & lncluatry
Center Debt Service Fund
CONCRETE BEPYCEMPIT DISTRICT 1"2 Plat SIBY1CE FUND
Total Concrete Replacement Diatric:t 1992 Debt Service Fund •
PAYJNG DISTRICT RA DEBT SERYJCI FUND
Total Paving Diatrict '36 Debt Service Fuel
PAYJNG DISTRICT RG DEBT SIBYJCE n.nm
Total Paving District '36 Debt Senice Fuel • 300
PAYJNQ DISTRICT Ql DEBT SIBYJCE FUND
Total Paving District 137 Debt Senice Fund • 8,()'18
CONCRETE RRPUCENEN1 DISTRICT IW DEBT SIBYlCE FUND
Total Concrete Replacement Diatric:t 1995 Fuel
CONSIBYA'DPN TRUST FUND
Total Conaervation Truat Fuel
•
$ 31',000
COIQWNITY J>IYII-OPNINI BIQCK QR,ANT FUND
Total Community Development Block Grant Fund
DONORS nnm
Total Donon Fund
PUBYC QIPBOYINENI FUND
Total Public lmprovemmt Fund
• liO,OOO
• 213,IIO&
$1.916,881
CAPITAL PRQJICTS FUND <FXGP> FUND
Total Capital Projec:ta Fund • 956,819
SIBYJCRNTER nnm
Total ServiCenter Fund $1,112,lMB
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CAPJTAJ. EAJDPlfflNT BVJACEM£NT FUND
Total Capital Equipment Replacement Fund
CENTIWa SEJMCE5 FJJND
Total Central Servic:ee Fund
B1SJ< VANAGEM£NT SEJI-JNSIIJWfCE flJND
· Total Riak Manqement Self Inaurance Fund ..
Total Health Self-Insurance Fund •2.--
WA'J'IB FJ.IMD
Total Water Fund
5EWEB f'J.JND
Total Sewer Fund
STQBV DBAJNA91 FJJND
Total Storm Drainap Fund
QOLF OOJIB8B flJND
Total Golf Cour9e Fund
PBOIIC[ R1111.D ,mm
Total Project Build Fund •uoo.ooo
NQNEHBJlQPCX PIJiNQN FUND
Total Nonemergency PenaiOD Fund • no,m.,
PQIJCE PJNSIQN FUND
Total Police Penaion Fund
!DI PJNSIQN FUND
Total Fire Penaion Fund
YQIJJN'CIA !JRVIOHTIM P1Ji8JQN flJND
Total Volunteer Fireftahten PenaiOD Fund
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NAIJ:EY CgNTQ T1lJJST FUND
Total Malley Cent.er Tnnt Fund • 110,000
PARKS AND BICBIA'DQM DUST FUND
Total Parka and Recreation Tnnt Fund
Total Spec:ial ~ent Surplus & Deficiency Fund • 19,llSl
Llffl,ETON/INQLEWOQQ WAS'fBWADI DIATIQNT PLANT
,WINT YBmlBI pmm
5ec;tiqp a The fonpiDf appropriatiam lball be ----s to be apprapriatiou to pvupa
within a prosram or deputmmt witbia tbe 6md iDdica1ad bat lball DOt be coutnuld to be
appropriated to line it.ema within an:, pvupa, -tboup IUCh line itaui ma:, be Nt forth u
the adopt.eel budpt tbr the &ac:al :,ear 1997.
Soc;tiqp 3. All monies in tbe banda oftbe Director ofFiDancial Services, or to come into the
Director'• banda for the &ac:al :,ear 1997, ma:, be applied CID the outatandia, claima now due
or to become due in tbe uid &ac:al :,ear of 1997.
5ec;tiqp 4 All rmappropriatad IDClllila that ma:, came into tbe baDda of tbe Dindar of
Financial Servicea daria, the :,ear llt7, ma:, be ao &aibated ...., tbe awpwtiw ftmda
herein u the Cit:, Council ma:, --beat ands aach amtrvl u ia provided by law.
Soc;tiqp 5. Duria, or at the cloae oftbe lacal :,ear of 1118, an:, aurplua-, in an:, of the
reapec:tive funda, aft.er all claiJDa tbr 1111 apiDllt tbe ... baft bem paid, ma:, be
diatributed to any other fund or 6mda at tbe diacrelioD oftbe Cit:, Council.
Introduced, read in fall, and pMNd CID tint N1mD1 CID tbe 4th day of N-a-, 1116.
Publiahed u a Bill for an O...W.-CID tbe 7th day ofNOftmber, 1118.
ATTEST :
Loucriabia A. Ellia, City Clerk
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I, Louc:riabi• A. Ellil, City Clerk a! the City a! ED11ewood, Colorado, hereby certify that the
above and foreaoinl ill a true copy a! a Bill for an ()ntinance, mtroclucecl, read iD full, and
pueecl on tint readinl on the .ttb clay ofNcmmber, 1996.
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COUNCILCOMMUN~ATION
0... Agendallam Subject
November 4, 1996 BHI For An Ordinance
11 I ii Eatabllshlng The 1996 Mill Levy
Callectad In 1997
lnlllacl By I Frank.-
8WfSource -, .. Of Financial Servicn Olrec:tor
COUNCL GOAL MD PREVIOUS COUNCIL ACTION
The City Council reviewed the City's Five v .. Capital Plan (FYCP) at a study Nllionl held on July
22, 1996. The opetatilig budgets for all City departments and funds was reviewed at• budget retreat
held on September 22, 1996. A public hearing regarding the Proposed 1997 Budget was held on
September 16, 1996. Council met October 28, 1998 at• study IUlion to ful1her dilcuu lhe 1997
Proposed Budget.
RECOMMENDED ACTION
Staff recommends Council approve this bil for an ordinance establllhing the 1998 mill levy to be
collected in 1997.
BACKGROUND, ANALYSIS, MD ALTERNATIVES IDENTF1ED
The City of Englewood aaww p,ape,ty tax for .. general ope,atiol11 of 1tw govemment and for
the Community Centar Debt SeMce Fund. TABOR l9ltrtds .. Cly from railing the mil or lhe
amount collected (over ltw Denver-Boulder CPI plus local growth faca) wilhout • vata of lhe citizens .
This year's General Fund mil levy ii La'IChanged from 1995 (5.IIO mill). The 1998 levy ii certified to
Arapahoe County for c:ollection in 1997.
The Englewood Downtown Development Aulholtly's mil levy ii Mt at 4.397 mill aa recommended
and approved by lhe Authority. The •wNd value subject to ltw Englewood Downtown
Development Authority mill levy for 1996 calected In 1987 ls 123,D,Ol!IO compared to an 8IMSMd
value of $23,719,181 for 1995 alleded In 1918.
FINANCIAL IMPACT
Sued on ltw aueued valuation for,. Cly of E11gletl100d • cel1illed by,. Arapahoe County
Auauor, ltw net ......ecs value of al p,aper1IN In Eugl .. ood for 1• 1s 1251,429,0IO compar9d
to $233,980,050 for 1995. The 1998 mil for General Fund opaalol11 ls 5 .IIO mill and 1 . 783 mill
for lhe Community Cenler Debt SeNice Fund. The IOlal ~ for 1-cc»IKtad in 1997.
The lot.al amount budgeted for General Fund ope,atiol11 ls (net~,
abatements, etc.). The amount bu ~llllld for .. Community Debt und Is $485,000
(net of uncollectibles, abatements, etc.). ._ /1at!t I»(
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Pnnteo e n Jw :7: t : ~1 :>e r. j
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A home owner with a $100,000 dollar home In Englewood would pay h following 1D h City cf
Englewood:
MarketValue
Aueument Ratio
AueuedV-..
General Operaliona MIi Levy
TUN Paid For General Fund Opentlone
MarketValue
MMllmenl Rallo
AIWNdValue
Comnu,ity Cenllr Bond Fund MIii Levy
Tuas Paid For Community Cenlar Bond Fund
Teal Tuas Paid To City Of Engle•ood
UST OF ATTACHMENTS
PrapoMd bil for an ordinance
$100,000
10.38'Mi
$10,380
5.880
Sl1.t2
$100,000
10.38'Mi
110,380
1.713
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ORDINANCE NO. _
SERIES OF 1996
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BY AUTHORITY
'eocJNCIL BILI, NO. II
INTRODU~IL
NJDIBBB~~ ... ~~...,_,a,a..__
ABILLPOR
AN 01.DINANCB PIXING TRB TAX LBYY IN IIILL8 UPON &ACII DOu.All 01' TRB
ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF
SNOUnfOOD, COLOIIADO, AND aTAIPDIIING A IIILI, LBYY POR TRB
ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY.
WHEREAS, it ia the duty of the City Council of the City of Eagl-ood, Colorado, under the
Englewood Home Rule Chaner and Colorado Reviled Statut.ea, to make the annual levy for
City purpoeea; and
WHEREAS, the City Council bu duly c:omidered the estimated valuation of all the tuable
property within the City and the needa of the City and of each of Mid leviea and bu
determined that the leviea u hereinafter Mt forth, are proper and wiae; and "-~,,
WHEREAS, the following leviea ari permitted under Article X. Section 20 of the Colorado
Constitution without a vote by the citizens; ..
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
$@ctigp 1. 'nlat there be and hereby ii levied for the ,-r of 1998, due and payable u
required by statute. in the year 1997, a tu of 5 .880 milla OD the dollar for the General Fund of
the City of Englewood, Colorado, and 1. 783 milla OD the dollar for the Community Center
Bond Fund Debt Service Fund of the City m Eqlewood, Colorado.
That the levy herein above Mt forth llhall be levied upon each dollar m the u-.1
valuation of all tuable property within the corporate limita of the City of Engl~.
Colorado, and the Mid levy llhall be c:ertifted by law .
$@ctigp 2. 'nlat under the authority mthe Colorado ReYiaed Statut.N and the En,lewood
Home Rule Charter, there ia hereby levied for the ,-r 1998, due and payable u required by
law in 1997 a tu of ,.397 milla on the dollar for the UN and bmeftt «the En,lewood
Downtown Development Authority.
The levy herein above eet forth ahall be levied upon each dollar m aNNNd valuation of all
tuable property within the En,lewood, Colorado, Downtown Development Diatrict, ud the
Mid levy ahall be certified u required by law.
Introduced, read in full, and paaaed OD fint readiq OD the-day mNavember, 1996.
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Publiabed u a Bill for an OrdiDaDce OD tbe 7th day GlN-a-, 1996.
Tbomu J. Buru, llayor
ATTEST:
Loucriabia A. Ellia, City Clerk
I, Loucriabia A. Ellia, City Clerk Gltbe City GlEDpewood, Colorado, hereby certify that tbe
above and foregoing ia a true copy of a Bill for an OrdiDaace, introduced, read in ftlll, and
paued on fint reading OD tbe ~ day GlN099Dber, 1996.
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COUNCI. COIIIIINCATION
.,... .......... ......
Nowmller4, 1-8"FI• nlll'IIIII lllfl'Olll1allO or Capllal
11 a iii PnljlcD Fund-to fund the
lnllfflll AGCIIII -......... ., lfrn-.......
~fll FMICIII..,._ DnalDr
COUNCIL WI. AND PMVIOU9 COUNCIL ACTION
TIie Counc:11...,_. the 1-..... on 11111 ....... ND\; .... I, 1•. Coundl ,-........... L.lnry'I lllbtl to
fflllll MW l11f11nnllllo11 lldW alaglu .,..... Ill the clllanl fll EnglNllocl.
IIIIECOIIM!NDID ACTION
Slaff NOlll"IWll•ldl h Cly Councll appn!Wh liltaclllCI fWIMlon .............. purdw .. lpffllfll encl ---
to mau h lnllmll wallallle Ill .. Pl*lie-TIie orlglnal 1• ..... did _ ...,. .... pnajlct. TIie popularly fll 1111
MNlce ,_ pramp11c1a....-1Dr ......... UIIIIIII fflllllllilMNlce......_ ,..,__ ....... an
9llllllial MNlce In• COi .... , !Inly. 11111 prlljlct ........... .., .. U., ._.
Tlle-enc1-c1 .... -....-
133,1100
Tllecar"&•• .......... ..,cara.wtoWUNIIII I ....... _......., ............. .
1111 ......................... WUNlllllhClrfllll .. F llf ............. -... 2 ........
............ ......... , ...... llllnllllad .
.....:W.Wf
1111 ......... w .. ..._ .. Ca,IIIPnljldlFund ....... lllllf-...llrlll.•.
Lal 0, AffM:IIIIBffl ~---....... l:arilll Pu'1jlcll
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City of Englewaad
Ubrary Leaming Cenw (1.....,..) Project
Unit
Quan. DNCClpllon Price Total
8 Compaq MulllMedla PC's 2754 22032
1 Compaq Fie 8eMI' 7118 7118 ..
1 Securtly Software 1200 1200
1 Nelwor1( Wiring / Huba 2900 2900
Tola! UIIIO
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IISIIOLtJTIONNO. {;(/
SERIES OF 1996 -r
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A WOLU'ffOM AMDfD1MO TRI: APPIOV&) 1111 IIUDOBT AND APl'IIOPmA'l'ING
MONIES FOR THE CITY OF ENGLEWOOD, COLORADO.
WHEREAS, the City Council or the City or Enclewoocl, Colorado, deairea to make certain
changes to the 1996 Annual Budpt which "111'8 unforeNen when the CJri1ina1 1996 Budpt
waa adopted oo November 8, 1995;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Sgtigp 1. The City or Enclewood 1996 Budpt ia hereby amended u followa:
Scnv:ce a( Furde·
Fund Balance
U11 g{P,1nde·
Int.era.t ~ Prqjec:t
Sec:tiAD 2. The City .....,.. w1 the Direc:tor or Financial SenicN are benby
autboriwl to make the..._ ehanpa to the 1996 Budpt al the City al....._..
ADOPTED AND APPROVED t.llia _., clay al Nowaaber, 1116 .
ATTEST :
Louc:riahia A. Ellia, City Clerk
I, Louc:riabia A. Ellia, City Clerk for the City al Bnpwood. Colondo, blnby certify the
above ia a true copy of Relolution No._, SeriN al 1996.
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COUNCIL COMMUNICATION
DA TE: November 4, 1996 AGENDAITEM SUBJECT: lroobidge Slloppiaa
11 I {y
C...PUD
INITIATED BY: J. Michael Sprigs, STAFF SOURCE: Harold J. Stitt,
Broolaidge Shopping Center, Inc. Planning Community Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL AcrtQN;
Preyious Coyncil Action: The subject property was annexed into the City of Enalewood by
Ordimnce 13, Series of 1964 and WIS zoned B-2, Blllinea Dillrict.
Staff recommends dud a Public Hearina be IClleduled for --· 2, 1• to comider the
propoled Broolaidge Slq,pina C.. PUD .
BACKGROUND, ANALYNS-AND ALJ'ANADYII JPINJJDIQ;
The City Planning and l.oniaa Comm;,.. bcld a Nltic ffearina cm October I. 1996 cm m
application for Planned Unit Dewq lDad (PUD) filed by J. M-=-1 Spriaa, Blaokridae
Shopping Center, Inc. The applic:anl bad filed a ..... for miDa of the IUbjec:t lile fiam B-2,
Business District, to PUD Dmric:t. The pn,poNd PUD will facllitale the build-GUI of the
Brookridge Shopping Center by permiaiaa the develnpmeat of lelf-llmlp lmila cm tbe under-
utilized eastern portion of the lboppiaa Clllllel' lite. The .. apoeed PUD diflin fiam tbe cuna1t
B-2 Business District mnina of the lite only in dlll aelf lknp is prapoeed • a plllllinecl w .
During the Public Hearin&, tatimony in the form of a leaer dlll bad been cliatnllulled to adjacent
unincorporated Arapahoe County raidenll was pramlld to tbe 0Jmmi11M11L Thia letter was
intended to represent the views of tbe adjacent umncorponlild Anpaboe COUllly reaidmla The
letter presented eight concerns mocilled with the aelf-ttorlp w prapoeed in tbe PUD. 'J1IOle
concerns follow, alona with llaft' duc:umon on wh iaaae:
I . Industrial Use In a ruiMntial ona sltot,Jd IIOI b, ollowtl.
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The proposed PUD, which would include self-storage, ;is not an industrial use, nor is it a
residential use. As the self-storage business has evolved over the past twenty years it has
become integrated into commercial and residential areas. The purpose of the PUD is to permit
greater land use flexibility while controlling use impacts. This proposed PUD meets the intent.
2. A large amounl of traffic will flow through Brookridge Residential Area from the storage
units. An example could range from Cars, Pickups, U Haul Trucks and Moving Vans .
These vehicles will access the storage units on the east driveway off of Cenlennial Avenue
into the storage units. As you brow that street is already heavy with traffic from the Burt
Chevrolet Dealership on Broadway and Cenlennial. The service garage entrances are
located on that north side of Burts. Also, there is already considerable traffic using
Centennial Avenue to avoid the light on Broadway and Belleview.
Institute of Transportation Engineers trip generation rates, presented by the applicant, show that
self-storage generates significantly fewer trips than any other commercial use already present on-
site . The rate for self-storage is 0.26 trips/1,000 sq. ft as compared to: 2.68 trips/1,000 sq. ft. for
general office; 4.93 trips/1,000 sq. ft. for retail; or 36.S3 trips/1,000 sq. ft. for fast food
restaurants . This proposed use will generate less traffic and less impact than present zoning .
3. I have been told from various sources that Storage Areas breed crime.
No evidence has been presented to support this claim . Testimony from a police officer who
owns adjacent property did not support this assertion.
4. There will be storage units on the sOlllh end of the shopping cenler. These storage units
will back directly to the homes on the solllh end of Brookridge.
This statement is correct : storqe units will be on the IOUth end of the sboppina center. The
storage units on the south side of the sboppina center property will abut East C.entamial Avenue.
Storage units on the cast side of the shopping center property will be let back ten feet from the
adjacent property line. All units arc buffered from the raidential area · with a wall and
landscaping.
5. There will be unfenced storage units in back of the cenler that would be an easy
gathering place of undesirables which would haw to be paroled (sic) by the City of
Englewood.
Testimony from the police officer indicated that the unfenced stonae area bas only one point of
access and therefore would not be an attractive "gathering place for undesirables."
6. Most storage lockers are built in a Business 1.oning with a large grassy area on bath
sides of the property plus lots of grass behind and attractive landscaping in the fronl of
the buildings.
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The proposed PUD complies with. and in many instances exceeds, the City's landscaping
requirements. It is interesting to note that the use is considered by the residents to be both
industrial and business. The PUD does not specify but rather controls impacts.
7. More 'than likely these storage 1111its will be leased on a long tenn leases by and (sic) out
of town management co,npany. The residents will have no owner to twn to. As ym, mow
this shopping center will probably be sold once renovalion is complete.
For mning and land use purposes. use sbould be controlled with the land. This issue will not be
relevant since the property will be reauJatec1 by the PUD. The applicant bu, however, stated that
be will be the property manager for the proposed aelf-storage facility.
8. One of the biggest problems thal I see is people who are pllTChasing property do not want
a wall such as this in their back yard and it will create a large redtlction in the present
owners valuation.
The proposed self-storage units will be residential in scale . They are one story in height whereas
the maximum height permitted in the 8-2 zone district is 60 feet . Adjacent property owners will
see only one story structures with gable roofs rather than taller structures or the present parking
lot behind the shopping center.
The Assistant Fire Marshal identified two concerns with respect to Fire Depaalme0l access to the
proposed self-storage facility . Tbele issues have been resolved and incorporated into the PUD
Site Plan .
The Planning Commission voted to recommend approval of the Planned Unit Dnelopment
application by a voce of 3 -2, with 3 ablenl and l vacancy .
QNANCIAL IMPACT;
The proposed PUD will allowed for the builHut of the lhopping cenla' acnermn& building
permit fees and additional pn,paty IIX.
LIST QF AITACIIMENTS;
Staff Repon PUD 96-0 I
Findings ofFact PUD 96-01
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THRU:
FROM:
DATE:
Planning and Zoning Commission
Robert Simpson, Manaaer ofNeipborbood and Business Development
Harold J. Stitt, Plannina Community Coordinator
October 8, 1996
SUBJECT: Cue PUD-96-01 -Public Hearin&.
Brookridge Shoppina Center Planned Unit Development
South Broadway and East Belleview Avenue
APPLICANT;
J. Michael Sprigs
Brookridae Sho~ Center, Inc.
8400 East Prentice Avenue, Suite 1140
Englewood, CO 80111
PROPERTY OWNER;
Ellen L. Clarida Madden Trust
c/o Patricia Barnes
6733 West Geddes Avenue
Littleton, CO 80123
REQUEST;
The applicant has submitted a Planned Unit Development applicalion to rezone the Brookrid&c
Shopping Center from 8-2, Business District to PUD .
RECOMMENDATION;
The Office of Neighborhood and Business Development recomJIICMs that the Plannina and
Zoning Commission approve the proposed Brookridae Sboppina Center Planned Unit
Development.
LOCATION QF PROPERTY;
The subject property contains approximately 7.9 acres and is located at the southeast comer of
South Broadway and East Belleview Avenue. The site is currently developed with a S9,l1S
square foot shopping center and office complex.
BACKGROUND
The subject property is located in the area bounded by Soudl Broadway on the west, Eut
Centennial A venue on the south, tbe Englewood City limit on the eut, and Eat Belleview
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2. PUD applications shall only be considered for properties greater than onc-
half acre .
3. PUD applications shaJI pnaally be in accordance wilh tlw Standards for
ZoninJ or Rezoning provisions o/tlw Englewood Municipal Code (E.MC.), Title
16, Chapter 3 of the E.M.C..
C, PROCESS
The PlanMd Unit Dewlop,,..nt zorw district requira three stops for PUD project
review and approval: I) Pre-application Review; 2) PUD District Plan review and
approval; and 3) PUD Site Plan revww and approval.
I . Pre-application Review: Slaff shaJI review preliminary proposals and provilM
written reco'WIIMndations to potential applicants. No project approval is implied
or granted at this early review stage.
2. PUD District Plan : The Planning and Zoning Commission shall recommend
to City Council for final action on a Planned Unit Dewl~nt District Plan
zoning reqwst.
3. PUD Site Plan: PUD Site Plans may be reviewd by tlw Planning and Zoning
commission with a recommmdationfor final action by tlw City Council or may be
reviewed andfina/ action taun by the City's lxwlopment Review Team (DRT) if
such authority is granted to tlw DRT by the City Council as part of the PUD
District Plan Approval.
4. Dewlopment Review Team : The Dewlopment Rnvw Team (DRT) shall
consist of reprenntatiws from City depan,,wnts as required by tlw City Manager .
The DRT shaJI be ruponsibk for rmmng applications. The DRT is also
ruponsible for referrals l.r opp,opriale to : l""'ffl'IIWnl opncies, utilities,
neighborhood organizations, otlwr interested or affected persons or
organizations.
The Planned Unit Development is a rezoniq process that establishes specific zoning and site
planning criteria to meet the needs of a specific deYelopment proposal that may not be
acc:ommodated within the existina mnina ICbeme. The PtJD is compoNd of a District Plan
which is the set of zoning rqulations that will apply to the proposed development pro)ect. This
District Plan is coupled with a Site Plan that specifies the pmral site desip c:baracteristic of the
proposed development As with any rezoniq, the PUD proposal must be consistent with the
1oals oftbe Comprehensive Plan.
ANALYSIS;
The proposed Brookridae PUD will apply to both existiq development and new development.
The District Plan and the Site Plan have been combined and submitted u one document for
concurrent review, as provided for in the PUD Ordinance.
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1. Self-stonge IS a permitted principal use,
2. A resident manapr's dwellina as 111 accessory use.
3. Setbacks from public ~l-way shall be no less than S feet
4. The PUD District Plan is n,J,SUlnliaJJy COIISistent with tlw goals, objectives, design
guidelines. polic~s and any otlwr ordinance, law or require,Mnt of tlw City; and
The propoled Brookridac PUD Dislrict Plan is in conf'ormance with all other ordinances,
laws and requirements of the City.
l Wlwn tlw PUD District Plan is within tlw Englewood Downtown Development .Authority
(EDD..4) area, tlw Plan is consistent with tlw EDD..4 approved designs, policies and plans.
Not applicable .
PUD Sjte Plan
The proposed Brookridge PUD Site Plan sets forth the site Plannina and design parameters
within which the proposed development will occm.
The Planning and Zoning Commission is required to make the followin& findinas concemina the
Broolcridge PUD Site Plan:
J. The PUD Site Plan is, or is not, in conformance with tlw District Plan requirements; and
The proposed Brookridge PUD Site Plan is in conformance with the Brookridge PUD
Di.mict Plan. The PUD Site Plan establishes the sm, orientation, and location of the
proposed storaae structures . The PUD Site Plan also includes a landscape pllD which
provides details IS to location of landscape areas and the plant species to be used and
building elevations which illustrate the design of the proposed structures IS well as
materials to be used.
2. ..411 required documents. drawings, refe"als, recommendations, and approvals #,av. been
receiwd; and
All required documents and other maierials have been received and incolporated into the
proposed PUD Site Plan.
J. The PUD Site Plan Is consistent with adopted and generally accepted standards of
dewlopment of the City of Englewood; and
The proposed PUD Site Plan is consistent with the development standards set forth in the
PUD District Plan .
4. The PUD Site Plan Is substantially consistent with the goals, objectiW!s and policies and/or
any other ordinance, law or requirement of the City.
The proposed Broolcridae PUD Site Plan is in conformance with all other ordinances,
laws and requirements of the City .
This proposed PUD meets the intent of the PUD Ordinance by providin& for the continual
development of the Brookridae Shoppina Center site with a 1elf-stonp use that currendy is not
permitted in the 8-2 Zone District, but is compatible with the Brookridae site . The unique
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A.tldnlaofSubjec:t~. 5102-5198 s. Broadway• 35-145 E. Centennial. Englewood oiio
Appic:1111'1Name; J. Michael Spriggs
Alldraa: 1505 Cottonwood Lane Littleton. CO 80121 y.,..,_. {303) 843-9911
Proplfty Owner', Name: erookridge shopping center« Inc.
Addna:8400 E Prentice &venue Ste, J14P Enslewood CO 89111
TelephOH·. { 303) 843-9911
ProposedUseofPlopaty. e2 !Shopping center> and self-storage
Brookridge Shop9ing Center. Inc.
e:.:t•mbfr 11 1 1996
Spriggs
Jilli.;, If dlt wlc• ii•• ..... otdlt .....-,, .. sttl •• -• 1m , · c 11iJ • -...._., ........... ~ .. owr-..... ot11111 .... =•· .:rw• OWMror011111r1dlll6'y~10lit .... 111J .. 11 I ._ ... a_wlia .. be .......
approval .. rwww I • afdlli D111la,• • ,-_ _ __.
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BROOKRIDGE SHOPPING CENTER, INC •
.. EutPnadeeAv-,s.&te 1ue,r 11 w--',CO Nill• (Jel)IO-"ll • FAX(JOl)I0-"'6
September 11, 1996
Mr. Harold Stitt, AICP
City ofEnpwood
3400 S. Eati Street
Englewood. co 10110
Re: Broolaidge Shopping Center
Southeast Comer, Belleview Avem1e and Broadway
Englewood, Colorado
Dear Harold:
Attached is an application and PUD submittal for the Broolaidge Shopping Center
property. The proposed PUD will allow all of the uses allowed under B2 zoning at the
time of the approval of the P .U.D.,and self storage including an omite resident manager's
apartment .
The self storage &cility will provide ltonge to indiYiduals and bt•linnea. It will total
4S,241 square feet c:omistin& of33,141 square feet of newly COlllbUCted btrlctinp and
approximately 11,400 aquarc feet of ailbJII lower level apace and pnpa wbich will be
c:oavened to IClf ll&Onp. The ..... units will ..... primarily in lize from 4' X 4' X 4'
boxes up to 300 .-e foot ..... ..... The lower level ofdle exiltin& retail buiJdina
totalina 9,400 aquarc feet will be desiped a c:limale COllb'Olled ltonp apace . The
remainder will be tnditionll ip1C1 whicb ii DOC climate CIOlllrOlled. Approximately 32,100
of the project will be wured widl acrm 6'C11B C4n,nniel Ave. dnup III automatic pte
operated by a key pad. The renwm• 13, l SO ..-e felt ac:caaed &om Belleview will
have open acceu.
The owner of die Nil 11orap &cilities will be Broolaidae Sbc:,ppiaa Ceaser, Inc . die
OWDII' of the adjllCelC Broolaidp Shoppina C.... Al rsbt :ie of the bui1dinp 111d
die «1 n ,...,.. .,.. will be handled by the property lll?7 IZIZMt deplrtmeal of AJpbaWat
llealty and lawelbnelll1 a related entity to Broolaidp Sboppilrs C..., lac. wbicb
prwnc1y performs die manaaement and mainrenance fiec::ricw for ae lbappi• center. 1n
additioa. a fill time resident manaaer will raidc oa the lite.
The 120rtae &cility will be invitin& and aesthetically pin . 1 ll wil be viaaallycamplli
IO die adjaceM rcuiJ buildinp, utiJmna the colon, willl ad an::lilaaunl
dmacteriltica ateNished by the recent ~center ...... n. lleiil:fi ... wil be of
raidenlill lCale with llopina IWldina lelffl metal roa6 of die -color 111d type • die
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMJSmON
IN THE MA1TEll OI' CASE IPIJD.M.ll
FINDINGS or FACI', CONCUJSIONS
AND RECOMMENDATIONS IUCIATING
TO BROODIDGE SIIOPPING CEN'IEll,
INC. PLANNED tJN1T DEVELOPMENT
TO ALLOW MINl-sEU'-sTOltAGE AS A
USE IN THE PlJD.
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INITIATED BY: J. MICHAEL SPlllGGS )
BROODIDGE SHOPPING CEN'l1Ell, INC. )
... EAST PltENTICE AVENUE ft141 )
ENGLEWOOD, CO •111 )
nNDINGS OF FACI' AND
CONCUJS10NS OF THE
arY ft.ANNING AND
ZONING COMM1&110N
Commission Members Praeal: Horner, Tobin, Weber, Doups, Dummer
Commission Members Ablem: Ganeu, Redpllb. Muon
1bis IDIUCr WU beard before die Cily Plalmias and lAJmlll Cc!mnriuicMl • Oclober 8, 1996,
in tbe City Council Chambers of die Enslewood City Hall.
Testimony WU received from lllff, from die 1(1114ic PC, al from ..._. ol die •Nfiem:.
The Commission received DOCic:e ol Public Barill, al die Slaff -.,rt. wllidl weae ilarpo-
rated iJHlo and made • pan of die record oldie Public .....
After c:omiderina die ·-oldie Will I I I I I, al reviewilla die paliaelll den...,,..,, die
ambers of die Cily PlalDlfl and ZcJ11iHis O . m made die fallons FiDdiHip and Co.
clusiom .
flNPINGI Of FAQ'
I. THAT die IIIIDer w broupt bdare die CCJIIMlrieem upcm applicatioa filed by J. Mi-
chael Sprigs, ofBrootridp Sboppills ea.r. Is.
2. THAT DOCic:e of Public lfelrias w publilbed ill die frerlcmnl 11111111 • Sepn,nr
26, 1996.
3. TBA T die property w polled by die applicllHI for a n+ I n ol 15 days, wbicb
polUJII included die -· time, locadoa, and parpoa ol dll NJlil: ......
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4. THAT staff presented testimony ~uding the Brookridge Shopping Center in general:
The site is approximately 7.9 acres, is 1.0Ded 8-2, Business, and is developed with a
59,175 square foot shopping center/office complex. The proposed mini-storage use is
not a permitted use in the 8-2 Zone District, but can be permitted if the rezoning to
PUD is approved, which process provides specificity on permitted uses and site ameni-
ties .
S. THAT staff diiected the aaemion of the Commission to a concern raised regarding fire
protection, insufficient turning radii to accommodate large equipment, and the fact that
some storage units could not be provided fire proteetion under the present configura-
tion.
6. THAT staff also read into the record a coavn•nicarioo from Ms . Gretchen Watkins
setting fonh several concerns reguding the proposed stora,e units .
7. THAT J. Michael Spriggs, applicant, presenred testimony ~ bis acquisition of
the long-term lease on the shopping center, improvements that have been accomplished
since be assumed control, funber improvements be bas proposed for the Center in-
cluding consuuction of new restaurants, and the proposed mini-storage . A resident
manager's unit will be included in the proposed project to oversee the mini-storage op-
eration . Applicant Spriggs also testified~ the neighborhood meeting held on
October 1, and bis efforts to notify members of the neigbborbood of that meeting and
the proposed development plan.
8. THAT applicant Sprigs disalssed issues such u fencing, lighting, and landscaping
with memben of the Commission as these issues apply to bis proposed development.
9 . THAT David Metzler, property owner at S 101 South Shelman, testified in favor of the
proposed developmem, and did suuat lbal placemm of landscaping be scrutinimt to
alleviate the possibility of •bidina• opponunilies for individuals who may DOC have le-
gitimate business in rbe area .
10 . THAT Ms. 8abeUe Sanpcr, Ms. Marpret Hoqhmd, Ms. Gretchen Watkins, Ms.
Ethel Womocbil, and Mr. Don Keas all praemed latimony in opposition to the pro-
posed PUD. citina concerns reprdina increued traffic cqestion, man,en coming
into the neighborhood, use of srorqe units for storage of toxic maraials and ocher
contraband, insufficiency of landscapq, resaiction of uses, and a perceived devalua-
tion of property values .
11. THAT Mr. Chris Forrest testified that be repraems the owner-in-fact of the shopping
center, and requeslCd an extemion of time to c:onuct the owner and prepare a position
statement .
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CONCLUSIONS
1. TBA T proper DOCice of the Public Hearing was given by posting of the property and
publication of the Noace of Public Hearing in the fmlc!'ogd Bmkl OD Sep(ember 26,
1996.
2. THAT J . Michael Sprigs bu establisbed bis inlerest in the property by way of a long-
term land lease on the shopping c:emer.
3. TBA T the Cornmium delamined dW a mini-or self-stonae clevel~ on the
south and east of the Broomqe Shopping C.emer is a logical, viable, use of Ibis land,
and dW the mini-or self-aonp units are a low-impact use.
DECISION
THEREFORE, it is the decision of the City Pluming and Zonina Commission dW the
Planned Unit Development for Brookridge Shopping Ccnrer, wmcb will allow development of
mini-or self-storage units on the south and east portion of the sire, lbouJd be recommended to
the City Council for favonble consideration.
The decision was reached upon a vote on a motion made at the meelilta of the City PlanniDa
and Zoning Commission on October 8, 1996, by Mr. Homer. leCoaded by Mr . Dummer,
which mocion states:
Homer moved:
Dummer seconded: The PlanniDa Commission recm1aiend approval of Cue IPUD-96-01,
amended u follows, and refer to City Council .
1. CENTENNIAL AVENUE: 2" Caliper 1ree1 spaced 20 feet apart
sball be planled from the corner of Building 2 to the east end of
Building 8.
2 . BELLEVIEW A VENUE: Two lddiriomJ Honey Locust ll'eel,
2" caliper, inllaUed on the nonbeut, to comnue the plaJmna
paaern lbown aJoas Belleview
3. PARKING AISLES: Two 2" caliper trea sball be plamed on the
west end of acb putiD& awe aarest the lboppina cearer 11n1e-
111re; Ibis will comprile a total of 10 trea, two for acb putiDa
aisle .
4 . IRRIGATION: All.....,• apiDs on-tile 1111111 be inipfed.
5 . FIRE ACCESS: Tbe developer and the Fire ManbaU sball re-
aolve the issue of emerpncy acceu for fire wbicles.
6 . USE OF STORAGE UNITS: Tbe aonp uaiU may be used for
"aonp .. only.
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AYES:
NAYS:
ABSTAIN:
ABSENT :
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7 . PROHIBmON OF VEIDCLE RENT AL: There shall be no
renlals of trucb, ll'lilen, or can from Ibis site.
8 . CHARACTEll OF DEVELOPMENT: The developer shall use
die 111DC facade llllleriall, colon and arc:biliecllml cbuacter for
die mini-llonp mall • ii a.I in die ramiDder of die Sboppm,
Ceam.
9 . ROOF STYLE: The miDi-tllon&e IIDill shall bave pilcbed roof
lines.
Weber,Douglas,Dummer
Horner.Tobin
None
Garreu,Redpatb,Muon
The motion carried.
These Findinp and Conclusions are effective u ofdle meeting on October 8, 1996.
BY ORDER OF THE CITY PLANNING A ZONING COMMISSION
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Im !1 tfm Jim i!; ID; 1n1~1 II
8 E u Ji! HE I! ;11 ;I~ ~! ~ :, 1:, 1,f !f §t~ I
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l"' -, .. ' ... 1 .• I .
-1~ I;~ •l 1,~ 1,1 16 ftG lr!: t, 'rf llij ~ e ~~e £ •"ti il h !f 4U •~ • a
t{f 11' JJ ft [11· ii tfi !~! i! ii !lie .t ul d .I 1 y I~ • 1 1 · 1; -11
•~ ~~ t ,, , I J t,~ ti f .. ~ p
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WHEREAS, the Englewood Planning and Zoning Commisaion recommended
approval with additional conditiona to the P .U.D.;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS:
$ectiqp 1. The Englewood City Council finda that:
1 . The P .U .D. DiBtric:t plan with the additional conditiona ia in
conformance with the diatriet plan recruu-enta and the
comprehensive plan; and
2. All required documenta, clrawinp, referrala,
recommendatiom, and appn,Yala have been ..-ived; and
3. The P.U.D. Diatrict plan with the additional CDDditiona ia
conaiatent with adopt.eel and pnen1)y accepted atandarda of
development in the City al Enpewood; and
4. The P .U.D. Diatrict plan with the additional conditiona ia
1ubetantially cmliwtent with the pala, objeetivea, delign
guidelines, polieiel and any other ordinance, law or
recruu-ent of the City; and
$ec;tigp 2. The Planned Unit Development attached u Emibit A for a portion of the
Brookridge Shopping Cent.er ia approved with the following conditiona:
1. Centennial Avenue : 2" caliper u-apaced 20 feet apart lhall be planted from
the corner of buildin, 2 to the Nat end of buildinc 8 .
Belleview Avenue: Two additional hooey locust u-, 2" caliper, inatalled on
the northeut, to continue the plantin, patt.ern abawn alaq Belleview .
3 . Parking Ai1lea : Two 2" caliper u-lhall be planted on the _. end al each
parking awe nearest the lbappinc cmter atnxtme; thia will ccmpriae a total al
10 ir-, two for each parldnc awe .
4. Irrigation: All landacapi.q on-lite lhall be irripted.
5 . Fire Acceu: The developer lhall reeolve the iNue al -...-c>' -for &re
vehiclea to the Fire Manhall'1 utiafaction, apec:iftcally:
A. The turniq radiua for &re department acceu.
B. Any portion of the facility or any portion al an aterior wall of the ftnt
atory of the buildinc mun be located within ll50 feet from the department
accea u meuured by an approved route around the aterior al the
building or facility .
6 . Uae of Storage Unita: The ltonp unita lhall be Uled for "ltonp" only.
7. Prohibition of Vehicle Rental : There lhall be no rentall oftrucu, trailen, or
can from thi1 1ite.
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8. Character of Development: The developer lha1l UN the ume facade materiala,
colon and architectural c:baractel' for the mini-stonP unita u ii uaed iD the
remainder of the Sboppinc Center.
9. Roof Style: The mini-etoraae UDita lha1l bafl pit.cbecl roof linea.
Introduced, read iD full, and pMNCl CID 6nt readial CID the «b day «Ncmmablir,
19116.
Publilbed u a Bill for an ()rdmaDce CID the '1th day « Na,aaber, 1996.
TbomU J. Barna, Mayor
ATTEST:
Loucrilbia A. Ellil, City Clerk
I, Loucrilbia A. Ellil, City Clerk «the City «EapeWOOd. Cokndo. barlbJ certify
that the above and forelOiDI ii • true copy « • Bill far an ()rdiDaDm. iDtroduced,
read iD full. and peuecl CID 6nt readiDI CID the «b day «Nawember, 1996.
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SITE DATA•
SIT£ AREA;
BUlt.OINC AREAS;
EXISTING BUILOINCS
NEW SELF-STORAGE BUILOINGS,
FU TI.IRE PAO BUILDING:
TOT Al BIJ1t.DINC AR[A ;
BIJlt.OINC FOOTPRINT ARCA :
PA'/£0 PARKING AR£A ;
LANDSCAPED AR[A;
LI'/£ LNIDSCAPED AREA :
ROO< ANO STONE AREA ,
PARKING REQUIIIEO :
RETAIL SPACE
R£ST,.UIIANT SP,.CE
SELf'-STOll,.GC SPACE
P,.RKING PIIOllllltO
GENERAL NOTES•
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J44,092 S .F. (7.90 ACRES +/-)
59,175 S.F.
Jll,265 S.f .
7,970 S.f .
105,410 S.f.
(J0.1411 Of SIT£ AREA)
92,220 S.F (26.11011 Of SITE AREA)
· 217,403 S.f . (63.11111 Of SITE AR[A)
J4,4419 S.f . (10.0111 Of SIT£ AREA)
26,211 S.F. (7.6211 Of SITE AREA)
11.255 S.f (2.4011 or sm: AREA)
J7,495 s.r .
1117 PAIIKINC SPACES
5 PARl(INC SP,.CES
344 PNll(INC SP,.CES
TliE PROl'ERTY IS CONTROi.LED BY BROOKRIOCE SHOPPING CENTER . INC UNOER ,. 100
ytAR GROUND LEASE -CH EJCPIIIES IN THE YEAA 2051. THE LEASE Gl'IES IIROOklltOGC
SHOPl'ING CENTER . INC. THE MISOlUTE RIQI T TO R£1o10'1£, Al TER OR BUILD f.NY
IMPROVEMENTS.
2. AN UPDA TEO ALTA l.'NO TITLE SURVEY IS BEING COMPLETED BY MERRICK ENGINEERS.
J 11-<[ RECULATlONS or Tl<[ 1!2 ZONE DISTRICT (AT Tl<[ TIME Of l><E PUO APPROVAL)
ATTACHED SHALL GO'IERN THIS PUO Willi THE FOU.a.NG WOO!f"ICATIONS SELF-STORAGE
i NCLUDtNG ONE ON-SIT£ RESIDENT MANAGER'S OWEWNC AS AN ACCESSORY USE SHAI.L
BE ALLOWED AND SETBACK S ON ADJACENT P\JBUC RIGHT-Of-WAYS Sl1ALL BE NO
LESS Tl<[N FIVE FEET (5 ')
4 . SIGNACE SH"I.L INCLUDE lliE [XISTINC BUll.lltNC SIGNS ANO PYLON SIGNS ON [AST
BELLE\/IEW AVENUE ""° BROADWAY IIOUl.EVARO ANO A NEW MONUMENT 51•,N AT TH[
CORNCR or llltOAOWAY BOUl.[VARO ANO C[NTE-AI. AVENUE , NEW BUILDING SIGNS
AT THE SOUTHWEST CORNER or TH[ [XISTINC 2-STOIIY RETAIL BUILOINC . A NEW
BUILDING SIGN ON Tl<[ S0VlliW[ST CORNER Of <;ELF-STORAGE BUILOINC 12 ANO A
WALL SICN ON lli[ Off1C[/R£SIDCNC[ BU1t.OINC SEE SHEET DP-J FOR AOD4Tl0NAL
!NFOR\olA TION .
5 THIS PU 0 . WILL !I.LLOW THE ADDITION Of SELf-STOIIACE USE TO THE (XISTINC B-2 SITE
THE SElF-STOIIAGC fAOUTY 11111.1. PIIOVIOE STOIIAGE TO INOI\/IOUAI.S ANO BUSINESS'.
11 Will TOTAi. Jll,215 SOVARE fECT or NEW 111.0ll>NG CONSTRUCTION ANO oPPROX
11 ,045 SOUA11£ FCET Of EX1SllNC LOWEii LEVEL SPAC£ ANO GAIIAGCS ...cH Will BE
CON 'IERT[D TO <;(Lf-STOIIACE THE STOIIACC UNI TS 11111.1. RANGE PRIUARlt.Y IN Sil[
FR OM •· X 4' BOXES UP TO ,00 S0UARE FOOT 5TOIIACE SPACCS. THC LOIIER LEVEL
Of THE EXISTING RETAIL 8UllDtNC TOTAi.PNC 7,1130 SOUARE f[[T WILL BE DESIGNED AS
CLIMA 1( CONTROi.LEO STOIIAG[ SPACE TH[ R[WAINO(R WILL BE TRADITION Ai. SPA CE
""IC H IS NOT CUMATC CONTROlLEO <IPPR OXIW"TELY .l6 .2EO S0UAR( FEET or THC
PR O.KC ! WILL BC SE CURED WITH ACCESS f'ROM CENT'£NNIAL AVCNVE THAOUGI< AN
AUT OMATIC CAT( OPEIIATED BY A K[Y PAO THC REWA.-C tl,050 SQUARE FEET ,
ACC (SSED ntOM EAST BELLCVl[W A'IENUE . WILL HAIi[ ()P{N ACCESS . Tl<[ STORACE
FACILITY WILL BC IN\/IT!NG AND AESTHE TIC ALLY PLCASING IT •LL BC IIISUALLY
COMPATIBLE TO THC ADJACfNT ll(TAII. 111.0lDINCS . Ulll.lllNG THC COLOIIS. MATERI AL S
AN O AR CHl t(C T\JRAL CHARAC TE"'5T1CS [IT ...... Sl<CD BY TH{ RECENT Sl1~1NC C(NT£R
REIIOO[L Tl<£ IIUtt.OtNCS WIL L BE or R£Sl0CNTIAL SCALE Willi SlOPINt; STANOINC
SE AM ROOF S or THC SAIW( COLOR AS TM( SH~INC CENTER THC PE1111o1ETCR
S TORA G[ BUILDIOICS Wil l BE l!Ufl'CREO BY LANDSCAPING AND WILL BE ORl£NT'[0 SO
TH AT NO STORACC UNIT DOORS ARE "'9lll£ TO P"SSING P[O(STRIANS OIi VEHICUL AR
TR Aff'IC
6 TH E OWNER Of 11-<E S{lF -STORAGE fACIUTl(S -L BE 8ROOKRtOCE CENt(R SHOP!'INC
CENTER , INC, THC O.,CR or THC ADJACENT BIIOOKRIOGE SHOPl'1NC CENTE R AU
,,.INT [NANC[ or Tl<[ IIUILOINCS ANO THC COIIWON AREAS WIILl. BE HANOI.CD BT THE
OQQP[IHY IIANAC(W[N T O(PARTIICNT OJ' .ALPHA WCST REALTY ANO INVESTMENTS, A
R(L A TED [N TITY TO IIROOKIIIOG( 5HDPPINC C[NT'[R, IN l, ....CH P<!ES{NTL Y PERFORM S
TM( WANA GC lolENT ANO MAINt(NANCt FUNCTIONS FOR THE S110PPINC (.[NT£R IN
ADDITION, A fUlL-TlWE IICSIOCNT MANAC(R .._L RESIDE ON TH[ SITE
BR()()l(RIOC[ SHoPPIN C CENT£11 . INC HAS R[\/ITAUZ[D AN OlO STRIP RETAIi. CCNTER
""'H [XTENSIVC REWOOCLING , REPLACEWCNT or IIUIU>INCS, NEW 8UIL()IOIC AREA , &OOCD
STIIE[T LANDSC f.PINC ....0 NEW TENANT WIX THES( IWFROVCW[NTS AR[ IN K[[PtNG
WITH Tl<[ OOAI.S Of THC SOUlli BROM>WAY COIAl(IICIAI. COIIIIIOOR
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LEGAL DESCRIPTION•
PARCCL NO 1
A pcwcoi of land locoleel io o porlion of Lot 1, Block 1, ar-idqe Heigl,11.
ar,Q oil thot porl of Lot 1, Block IA, BrOOkridte .....,. .. lhird F•io9 ., lhe
N0<1heo11 O..or le< of Section 15, Townsn;p 5 Soutll. R-,lje 68 -t of Ille 61h
Pfencapa1 Mer ,o.on, Arapahoe County. Englewood Colorodo. betnCJ the some
porcll no 1 O.Kf'lbed in ChicQCJO Title lna,rance Co TiUe Commitment No.
1001514 ettectu4 Septemw 1. 1914, and ollO beinCJ one and tt'le aome parcel
oeac.r-..o in 1eow 09"eemeint recorded January I. 1964 in Book \488 ot Pa'J4'
55J and re<OI'-•• ti, 11116 io Book 11159 al P-J2J. being more
-lculafly dnCribed ... ,.,.....,
COWIICNCINC 01 Ille nortllwnt cOl'nor of oaid NOl'1-t Ouanor of Section 15,
.ttence the aouth .. sl comer of aoid Northeo1t Ouort• bears SOO"O()'OQ.[ o
dl1tonce ol 2636 23 f"t;
THCNCE SOO'OO'OO"E along Ille -1-1, Hne al -· Nortllea1t Ouanor of
Section 15 a diltonco al 159. 72 IN!;
1"ENCE N90'00'00"E o diltonce of 50.DO Ifft ta Ille POINT f1F BE~;
THCNCE Nll9".0'l4"E along a line 1IO DO IHI __ , al and --Mth
ow nortn..-1,. line ot Mlid Northeast Owart• of S.Ctk>n 15 o distanc. of
1l0.D0 IHI;
TM[IIC[ NOO'OO'DO"W along a line 180.00 !wt -terty of and par-with
MIid .. ,,en~ hne of the Northeost Ouart• of Section 15 o diatcace of 1
IOII . 77 '"'· 1 MNCC NS9'.0'l4"E along 11\e __ , line al Pc.-cel 14 01 --io Rec .•
Na A51J5DO!I. Aropohae County Oork • Rec.,.,.,·1 Office o dietance of till 62'
teet ..
TM[NC£ Nll9'.0'l4"E cantiouiftg along oaid _,the,ty line and along a lioe
50 00 IHt _,,_,, of ond porollol .,;111 IClfd nOl'tllor1y lioe al the
Na,lhea1t Ouc.-t« of Section 15 a diatonce of J34.J7 IHI.
THENCC soo,o·oo·w along 111e ..,.,.,,, ,.,. ot oaid Lot 1. Block u.
Br-ridge ""!.'-'" Thir"d f'llng o distance of 470.00 IHt;
THENCE s12,J OJ"£ along oakl to1te,ty line of Lat 1. Block IA . 11<-.idge =( ~~~~~;,tw0 :.:.i;,~: o~:~;!.~,::'i1ne of lald Lat 1. Block 1A,
Br001&r,1S4e Hei9ftt• Third fiHng rodiol to tne foflowtn9 deacrlHd c"'we a
Oi•tonc• of 122 15 f•t:
THENCE oeonq the southenr line of SOid Lot 1. Block 1A and the north.-ly
deeo line of Cent.,..,,IOt Awnue os replotted '" Nkl Lot 1, 9tock lA,
B,o°"'odge .. ..,,.,, lhwd f'lln9 the foltOwO\g IWO (2) c--:
1, along t he o,c of o cu,ve to the .. ft tontent with the foMo.1n9
desc.r lbed cur\1111 hawing a c.,..1,o1 onqte of •2"04"ot·. o rad1UI ol 204.60
f1e1 . 'l t horo bearint N82"56'CM "W o c:1ta1once ot 14e.87 '"'· and on arc
0"1once of 150.2.3 fNt;
2 Ttt[NCE alont tf\e arc of o curve to the rq'II heWW) o central onlJle of
0 2'01'06", a ,...s .. 1 of 502 28 fwl. o c.llord -"'9 57T02'44°W o
o j11an.:e ot 1719 •••. ond ori or .: dlllGftN of 17.79 , .. ,.
THENCE NIY1T04"E o c,;,1once of 19' 02 -;
THENCC N76'06'00"W a o,atance ~f 115 DO ,_.;
THENCE N89'59'00"W Olong a ..,e _...,. ••Ill aotd ooulllerty ,_ of Loi I ,
Block 1A a .Jlstonce of 158 13 , .. ,.
T\,(N('( S00'00'00"( along o '"'• 160.00 fN1 eool""Y of and pon,Moi ••Ill
sOtcJ •estcn,. *'• of ow NortfteOSt Ouorter a distance of 226.0.5 teet,
fH(N(.£ N89"!,l'OQ "w atong ..ct norlf'lerly CINd hne of Cent..-.n,ot A wenue 01
replotted in lot 1, Bl ock 1A , •ookr"'91 ....._,t, Thwd F'ila,9 long.nt ••th
ttit faflO•lf'IQ deacrtOeO ,,.,..,. o dlltonc.e o f 95.00 fNt,
fHEHC'( o1on9 t tie ore. o t a CtM'.e t o the r lqtit hoW19 a c.entrai onQ*e of
9g·5g'QO·, o roc,...1 o f 15 00 ffft, o ct,o,d t>ear1n9 N44"59'lO"W o 011tonc-e of
~1 , 1 feel . t>nel on or e deltonce of 2J ~ fHI.
THENCE NOO 'DO 'OO""' along the wHl""y ,.,. of IGid Lal 1, Block 1A , Br_,odge
t1 .. 9htl l ru,o f .t1n9 tanqent .. ,., u,e lost oescnt>eG cur .. o ca.atone• of )72 86
f ffl ,
TH£NCE SS9'59'~9 "E olong tM ooul-'y hrle of PQl"coi 14A a, -crobea w, Rec
No A51 35009, A,°"Oho. Count,. Ct..-11. ano Recoro.r'1 Office o 011tance of 4 'ii , .. ,.
rHC NCE N08'23'J5·c CIIOI\Q the ,outf'lerty hne of Mid Pcwcel o di1tonce of
12l J 2 feet ,
TH[NC£ NOO "OO'oo·w alorw, tl\e easterly hne of soid Parcel o distance of
50 44 '"'·
THCNCE ~89'4 2' la"W a1 009 the northerty 1~ 01 Mid P•c• o Nlonce of
2l 0 1 lett ,
IH(NC( NOO'OO '"'w oton9 a hne !)() 00 '"' eo,,.,.., of ond ,--.. ••UI tne .. ,,
ltnr o f t he Nor thest °"'\Jf'ter o f 1otd Se,ction 15 a o.1tanca of t ,u Ifft to tne
POINT Of 8(-C.
Contoinw,q 219,!,iO tqwo,e teet . more or 1n1
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,LEGAL DESCRIPTION•
,ARCEL NO. 3
A parcel of land located in a panian of lot I ,•-IA,-• Haithl•
llvd f'iw,9-""raco,decl in -II, P• !>5 of Ille,.,....,._ C-1r 0-
.,4 Raco,e1er'1 Office and in the Nari-I Ouo,t• of Section I!>, T-,111ip !l
South, R-611 _, ol tnt 6th Principal --· Ar...-C-lr.
Efttlewood c..-. ...... the ..,.. !*Col No.3 --In Olico90 Tille
., .... onct '-• TiUe Commitment No. 1003514 eflec:11 .. Sop._ I , 1994,
...S GIIO Hint --lllt -pa'Col --in --l rtco,--· 10, 1164 in 8oa 14811 al P• ~7. -. mart ...,,_, --
'• talon::
'COMll[NCINC ot lht --,-of --I Ouart• of Stctian I!>,
-ce lht -111-t ,-of --• Ouart• -. SOC>"OCl"OO"E o
cliltanct of 2lll.2l fNI;
THOICC SOO'OO'OO"E -. IN _,.,., -ol --• Ouart• o titlMCt al , •. u latt;
IHtNC( -,io·ocrr o -a1 50.oo -=
THOIC[ NOO'IICl'OO"W o --ot I0.00 feel;
1lOfCC 519"9'00"£ -.. lht -· -of -lot I, Block IA,
.,_...,. Heitlhlt Th.re F'llftt -...,. -.__, --of C..t_A __ ,..., .. ill_l.etl,-IA, ~ Heitltto
'lwd F'llftt o -o1 110.00 .... It IN POINT <11 IECINNNC:
lfENCC NOO'IICl'oo·w ...,. • -1.0.00 -_,.,., a1 -...,_ "" _, _,er1, -of l1't -~ a Cliotonct ol 221.03 foet ;
l€NCE sa.,t'QD"[ .._ o h ,._ --__ , line of Lot 1.
8ocil IA O -ol 151.tl foet;
TIIOIC[ 571"4a'OO"[ o --of 11$.00 foet;
Tl£NCC s1.s,r04·w non-, ...... , .tth --.. -cur .. 0 diltonct
ol 194.02 -= Tl£NC( atont IIIO •c al o ...,.. lo lllo ri9hl h°'*'9 o cont,at onfle of
11~·21·. o ,-. of 502.21 IMI, o -• -int 58l"9'41"W o clislonct
of IOl.119 -. -on •c diatonco ol 104.0I foel;
MNCE Nllt"9'00"W 1..._1 ----cur.. o ... lonct of 122 17 tool to Ille POINT or ICG!NlaC;
c ... ,__,. ~.!>02 -ore INI, mart or ltn.
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"' ..: >-~ Ill I ~ i I ~ 0 C
i d
QUINCY A \'E .
----......
BEU£\'1EW A\'E ."'
.... -I SHOPPING ' ' CENTER *c, ""~ ~~ ...... ORCHARO RO .
...
VICNTY MAP
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COUNCIL COMMUNICATION
DA TE: November 4 , 1996 AGENDA ITEM SUBJECT: Englewood Meridian
PUD
11 a V
INITIATED BY: Englewood Meridian, LLP STAFF SOURCE: Harold J. Stitt,
c/o LcGan, Inc .. Planning Community Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION:
Previous Council Action: There has been no previous CoW1cil action with rapect to this
property.
Previous Planning Commission Action: The Planning Commission held a public hearing to
consider the proposed Englewood Meridian PUD on October 22, 1996. The Commission
recommended approval of the PUD.
RECOMMENDED ACTION;
Staff recommends that a public hearing be scheduled for December 4, 1996 to consider the
proposed Englewood Meridian PUD.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED;
A public hearing was held by the City Planning and l.oning Commission on October 22, 1996 on
an application for Planned Unit Development approval filed by l...eGan, Inc ., owners of the
Englewood Meridian. The applicant had filed a request for rcmning of the subject site from R-3
High Density Residence District, to Planned Unit Development District. This request was
initiated as a result of the property being currently classified as nonconforming . This
nonconforming status resulted from a 1984 amendment to the R-3 Zone District replalions
which removed the existing density bonus, the use of net acres as well as limitina the maximwn
density for multi-family residential developments to 40 units per ~-The proposed PUD
differs from the current R-3 Zone District of the site only in that the maximwn density is
increased to 50 units per acre as was permitted under the original mnina-The proposed PUD
applies only to the Englewood Meridian property.
H IGROUPIBOAADS\l'LANCOMM\COUNL C0MMIP\JD9602CC.DOC
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TO: Planning and Zoning Commission
THRU:
FROM:
Robert Simpson. Manaaer of Neighborhood and Business Development
Harold J. Stitt, Planning Community Coordinator
DATE: October 22, 1996
SUBJECT: Cue PUJ>.96-02 -Public Hearing .
Englewood Meridian 34SS South Corona Street
APPLICANT;
Englewood Meridian, LLP
c/o LeGan, Inc. Gcncral Partners
1200 1,. Street, Suite 2170
Denver, CO 80202-S83S
PROPERTY OWNER;
Englewood Meridian, LLP
c/o LeGan, Inc. General Partners
1200 1,. Street, Suite 2170
Denver, CO 80202-S83S
REQUEST;
Tbe applicant bas submitted a Planned Unit DeYelopmcnt t°° to rezone the Englewood
Meridian from R-3, Hip Density Residence District to PUD Disttict.
RECQMMENQA]]QN;
Tbe Office of Neipborbood and 811siness Dcvelopmmt recommends 1hll the Planning and
Zoning Commission approve the ,.opoeec1 &pwood Meridian Plamed Unit Dewlopmcnt.
LOCATION QF PRQPATX;
Tbe subject property contains approximarelL!!: and is located in the block surrounded by
East Hampden Avenue on the IOUlh, South Street on the wal, East Girad Screet on the
north, and South Corona Screet on the east. Tbe site is developed with III eiabt story, 193 unit
senior residence complex. Tbe surroundina sea to the eut and west is maed ll-3, l,liah Density
Residence District, the area to the aorda is maed R-1-C, Sinpe-family Residence-~ and
the area to the south is zoned 8-2, Business Dislric:t. Tbe adjacent neipborhood is composed of
single-family residences and retail uses.
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COUNCIL COMMUNICATION
DA TE: November 4, 1996 AGENDA ITEM SUBJECT: Englewood Meridian
PUD 11 a V
INITIATED BY: Englewood Meridian, LLP STAFF SOURCE: Harold J. Stitt,
c/o LeGan, Inc .. Planning Community Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION;
Previous Council Action: There has been no previous Council action with respect to this
property.
Previous Planning Commission Action : The Planning Commission held a public bearing to
consider the proposed Englewood Meridian PUD on October 22, 1996. The Commission
recommended approval of the PUD.
RECOMMENDED ACTION;
Staff recommends that a public hearing be scheduled for December 4, 1996 to consider the
proposed Englewood Meridian PUD.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED;
A public hearing was held by the City Planning and Zoning Commission on October 22, 1996 on
an application for Planned Unit Development approval filed by LeGan, Inc., owners of the
Englewood Meridian. The applicant had filed a request for remning of the subject site from R-3
High Density Residence District, to Planned Unit Development District. This request was
initiated as a result of the property being currently classified as nonconforming . This
nonconforming status resulted from a 1984 amendment to the R-3 l.one District regulations
which removed the existing density bonus, the use of net acres as well as limitin& the maximum
density for multi-family residential developments to 40 units per acre. The proposed PUD
differs from the current R-3 Zone District of the site only in that the maximum density is
increased to SO units per acre as was permitted under the oriamal zonina . The proposed PUD
applies only to the Englewood Meridian property.
H IGROUPIBOARDSIPLANCOMMICOUNC COMMIPUD9602CC .D0C
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No members of the public were praent at the public hearing. Only testimony from the staff and
applicant were received. During their deliberations, the Commission requested additional
information regarding the extent of concrete repair or replacement along East Girard A venue.
Since staff from the Department of Pubic Works was not in attendanc« at the public bearin&, the
Commission proposed approval of the Planned Unit Development application with two
recommendations rather than posq,oae the decision and continue the public bearin&. The first
recommendation was that the Depmtmeut of Public Works provide the Applicant with
information about specific concrete repair or replrmt that might be nccermy and the
estimated cost of this work, u 900D u possible. The leCODd recommendation was that City
Council consider making the c:oncrele repair or replacanent a c:ondi1ion of approval of the PUD
if, in the opinion of the Council, any repairs were waaiided. Wrtb tbele two recommendations,
the ptoposcd Enaiewood Meridian PUD was approwd by the Planning Commission by a vote of
six in favor with three ablent.
FINANCIAL IMPACT;
The proposed PUD will not financially impact the City.
YSJ OF A'ITACRMENJS;
Staff Report PUD 96-02
Findings ofFact PUD 96-02
H~COl8HUDN02CC.DOC
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TO: Planning and Zoning Commission
THRU:
FROM:
DATE:
Robert Simpson, Manager of Neighborhood and Business Development
Harold J. Stitt, Planning Community Coordinator
October 22, 1996
SUBJECT: c~ PUD-96-82 -Public Hearing.
Englewood Meridian 3455 South Corona Street
APPLICANT;
Englewood Meridian, LLP
c/o LeGan, Inc. Ocneral Partners
1200 I,. Street, Suite 2170
Denver, CO 80202-5835
PROPERTY OWNER;
Englewood Meridian, LLP
c/o LeGan, Inc. Ocneral Partners
1200 1,-. Street, Suite 2170
Denver, CO 80202-5835
REQUEST;
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The applicant bas submia.ed a Pllnaed Unit Development application to raonc the Enalewood
Meridian from R-3, Hi&b Demity Residence District to PUD Zone District.
RECQMMENDA'QQN;
The Office of Neipborbood and 8vRnrn Dewlopnent recommends 1bat the Planning and
Zoning Commission approve the p.opoeed EasJewc,od Meridian Planned Unit Dewlopment.
LQCA'QQN Qf PRQPAJY;
The subject property COlllaim ""*oximalel~= and is localed in the block IUITOUDded by
East Hampden A venue on the IOUlb, Soulb Slreet on the west, East Girard Street on the
nonh, and South Corona Street on the cast. The site is dneloped with an eilht story, 193 unit
senior residence complex. The IIUffOUDdina area to the eat and wat is JJODed ll-3, 1!!fb Density
Residence District, the area to the nor1h is mned R-1-C, Sinale-family Residence District, and
the area to the south is mned 8-2, Business DiSU'ict. The adjacent neipborbood is composed of
single-family residences and retail u.s.
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BACKGROUND
This facility , originally known as the Swedish Corona Cooperative, was developed as a 229 unit
retirement cooperative. Planning for this facility began in the late 1970's with the initial plan
submittal for building permits occurring in 1981. Because of a series of modifications to the
original plans, building permit issuance and construction did not OCCID' until 1985 . In 1988 the
property was purchased by LcGan, Inc. and in 1991 the facility was renamed "Englewood
Meridian ." After LcGan gained ownership of the~ the unit mix was modified to include
180 independent living units, 13 special service wuts, and a 72 bed skilled nursing care facility.
During the planning and design phase for the original development, the R-3 Zone District
regulations permitted multi-family housing projects to exceed the maximum density of 40 units
per net acre , if the lot area of the project exceeded one net acre or 42,000 square feet. This
density bonus allowed an increase of two additional dwelling units for each additional 1,000
square feet of lot area over one net acre, with the maximum density capped at 70 units per net
acre. Under this provision, this facility could have been developed at the maximum density of70
units per acre or a with a total of 283 units, but was developed at a density of 57 units per net
acre. In 1984, the R-3 Zone District regulations were amended to remove the density bonus, the
use of net acres as well as limit the maximum density for multi-family residential development to
40 units per full acre (43 ,560 square feet).
Even though the change in maximum density went into effect before construction of the facility
began, planning review and approval had occurred prior to the density amendment becoming
effective and the development was carried through with the density bonus. The elimination of
the density bonus provision in the R-3 regulations has resulted in the Englewood Meridian now
being classified as a nonconforming property . The nonconforming status has affected the owners
ability to refinance this development because of the destruction section of the nonconforming
regulations . This section states:
No nonconforming building or structurt which is dtstroy,d or damag,d to th, exltnt of
mor, than sixty perc,nt (60%) of its valw, as Mttnni•d purS&IQII/ to th, JMthod of
determining th, valuation of buildings for building permit issuance. shall b, rtpairtd or
rtbuilt 1xc1pt in co,nplianct with tlw r1quirt1Mnls of this Ordinance .
ANALYSIS;
The Planned Unit Development is a rezonina process that CS1ablisbcs specific zoning and site
planning criteria to meet the needs of a specific development proposal that may not be
accommodated within the existina mnina scheme . 1bc PUD is composed of a Dislrict Plan
which is the set of zoning rqulatioas that will apply to the pcopotcd development project. This
District Plan is coupled with a Site Plan that specifics the aeneral site dcsip cbaractcristic of the
proposed development . As with any rezonina , the PUD proposal must be consistent with the
goals of the Comprehensive Plan .
This PUD application has come forward as the only option available to the property owner that
would allow the reconstruction of their facility in the event the structure is damaged beyond the
60-/e lim it . The proposed Enalewood Meridian PUD will apply to cx.istina development and
differs from the cunent R-3 Zone District rqulations only in that the maximum permitted
density has been increased to SO units per acre. The proposed PUD will result in no cbanae to
the Enalewood Meridian since no additional devel~t is proposed under this PUD.
Likewise , the proposed PUD will not impact the surroundina ncipborhood since it represents no
chan&e from existing conditions .. 1bc District Plan and the Site Plan have been combined and
submitted as one document for concurrent review , u provided for in the PUD Ordinance .
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Pup District Plan
The proposed Englewood Meridian Planned Unit Development applies to the existing residential
facility and will permit all of the principal permitted UICI c:urrently allowed by the R-3, High
Density Residence District.
The Planning and Zoning Commission is required to make the followin& findinp coaceming the
Englewood Meridian PUD District Plan:
J. The PUD District Plan is, or is not, in co,rft,r,,tanu with the District Plan requirements and
the Compuhensiw Plan; and
The proposed Englewood Meridian PUD is in conformance with the applicable
requirements let forth in Section 1641S E, 3 e. PUD District Pim.
The 1979 Comprehensive Plan designates this site u part of a bifb. density residential
area and the proposed Englewood Meridian PUD is consistent with this use designation.
2. All required documents, drawings , refe"als, recommendations, and approvals have been
received; and
All appropriate documents concerning the proposed Englewood Meridian PUD have been
received and refmals to outside agencies have been made. No advene comments were
received.
3. The PUD District Plan is consistent with adopted and generally ac«pted standards of
development in the City of Englewood; and
The proposed PUD District Plan is hued on and consistent with the existing R-3, High
Density Residence District rqulations. The PUD District Plan modifies the R-3, Hip
Density Residence District replalioas by incrasina the density to a maximmn of ~
units per acre .
4. The PUD District Plan is Sllbsta,rtially COIISistertt witlr the goals, objectives, taslgn
guidelines, policies and any other°""""""· law or req,are,,,e,,t of the City; ""'1
The proposed Englewood Mcridian PUD District Plan is in conformaDce with all ocher
ordinances, laws and requirements of the City .
5. When the PUD District Plan is within the Englewood .Downtown Dnelop,,w111 .41111,ority
(EDDA) area, the Plan is consistent with the EDDA approwd duigns, polida and plans.
Not applicable.
PUD Site Plan
The Plannina and Zoni.n& Commission is required to make the followin& findinp c:oncemina the
Enalewood Meridian Pl.Tb Site Plan:
J. The P UD Site Plan is, or is not, in confon,,a,tce with the District P/an ~; and
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The proposed Englewood Meridian PUD Site Plan is in conformance with the Enalewood
Meridian PUD District Plan.
2. All nquired doculMnts, drawings, referrals, ncom,nendations, and approvals ~ been
received; and
All required documents and ~ materials have been received and incolporalied imo the
proposed PUD Site Plan.
J . TM PUD Sile Plan is consistent with llllopud and .-,ally occq,t«J daltdards of
dewlop,,wnl of the City of Englewood; and
The pcoposed PUD Site Plan is comillalt with the dewqment ..__. _ for1ll in the
PUD District Plan.
4. TM PUD Site Plan is substantially comistffll widr dw goals, objectMs and policies and/or
any other ordinance, law or nquirnwnt of dw City.
The proposed Englewood Meridian PUD Site Plan is in c:oaformance with all other
ordinana:s, laws and requirements of the City.
CURRENT ZONE MSDJCT;
R-3, Hip Density Residence District.
LEGAL DESCRIPTION;
See PUD, Sheet Al.I
DEPARTMENT AND AGENA' UVIIW;
Public Works -All concmc curb, pncr and sidewalk on tbe Eat Girard A venue side of the
property be broupt up to cumnt City llmdards.
NEIGHBORHOOD MEETING SJJMMABX;
On October I 0, 1996, 9 individuals aamded the Eaalewoocl Meridim PUD Neiabbomood
Meetin&. This meetin& was held• tbe &pwood Meridian. The major sea of dilcuaioa wu:
The impact of tbe Meridian raJD11U11 OD adjacent property.
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CrI'Y OP ENGLEWOOD
COLORADO ~ ~
PLANNED DEVELOPMENT APPUCATION ij ~
Addrell mSubjec:t Propaty: _ _._34 ... s_s_.Soy._.t ... b ... c .. o...,rgn ..... 1 ... s .. tm,...t--------------
~· Name : M1cbacJ NPdt
Addrell : 1sso Lincoln Stent 11200
T .. •one : ___ C ... 3 .... Q3 ... } ... B ... § ... 1-... s ... z ... Q4 _____________________ _
Prapeny0wner'1Name: Leiln, Inc, GeoecaJ eactoec fngJMIOd Nedd11D, 11 e
Addnlls : 1200 17th street, sutte 21,n
Telephone : {303) 572-1191
Proposed U1e of Property:.......,H..,oy..,5J.lfn,._g._f.,.nlL,c ..... s ... ea ... 1 .... a ..... cs..__ _______________ _
Submiued herewith is the required fee oL ~ ill' Ilia ...... Develc,pnw!I ~ In lddilion, I
........ that I will be required to poll the property acconil.a to apedlClliCIIII let by the Departmml oL
Coawnunity Dcwqment, and to pay &Ir the COit ill the pul,lcllion oL die lepl aodce ot the Public Aw..
bdbre die City ....... A Za • ~ • • • ad blln .. City Comci1. -*I the Couac:il determine ~°"l
ii to the public ..... to lad a • cm dis applicali on
l:.N C,L.E IA.) ooo 1(/E;e ID/ IMJ I t....L-f'
Appiceet (Colponaaa or illlividual) '
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MA'M'ER OF CASE IPIJD.96.02 )
FINDINGS OF FACT, CONCLUSIONS )
AND RECOMMENDATIONS RELATING )
TO THE ENGLEWOOD MERIDIAN, 3455 )
soure CORONA STREET, TO APPltOVE )
THE PlJD APPLICATION WHICH WD..L )
ALLOW A MAXIMUM DENSITY OF 50 )
UNITS PER ACltE )
INITIATED BY: RALPH NAGEL,
PRFSIDENT, LeGAN, INC., GltNEllAL
PARTNER OF ENGLEWOOD MEIUDIAN
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FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING .AND
ZONING C()MMIS,gON
Conunission Members Present:
Commission Members Absent :
Garrett, Redpath, Tobin, Welker, J>oualas, Muon
Dummer, Homer, Weber
This maaer WU beard before the City Planning and 2.onin& OJmmiuioD on October 22, 1996,
in the City Council Chambers of the J:nalewood City Hall.
Testimony was received from scaff, and from the applicam. TIie Ca11J•iRW. receiwd DOlice
of Public Hearing. Certification of Poaina, and the Slaff Report. wbicb were iacorponMd ialo
and made a pan of the record of the Public ffcariDa.
After considerina the stalmieia of the wilaeues, ml reviewina die peniuem dcxuw, the
memben of the City Pluming and 2.onin& OJmmiuion made the followins Findinp ml Con-
clusions.
FINDINGS Of fACI
1. TBA T die matrer WU broupt before the PlilDIII ml loams C'4mariuion upon ID
application filed by Ralph J . Nasel, Presidem of 1..cGan, Inc., Gmenl Pu1lier of
Englewood Meridian, llP.
2. TBA T Notice of Public HcariDa wu published in the falpggd llmld on Ocrober
10, 1996, and that the property wu properly polfed the minifflmn 15 days prior to the
date of the Public Hearing .
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3. TBA T staff presented t.estimony setting forth the development history of Englewood
Meridian, the subsequent cban&e of R-3 Zone Disttict rqulations which lowered the
maximum density allowed, thus maldaa the EnaJewood Meridian a non-conforming use
in the R-3, High Density Residence Disttict.
4 . THAT the "avame of cure· of the DOD-CODformina llalUI of f.u&lewood Meridian is
via rezoning from R-3, Hisb Demity Residence, to Planned Unit Development (PUD),
which is applicable only to the subject property. 1bis PUD Disttict Plan adopa the un-
derlying R-3 Zone Disttict; the PUD Site Plan reflecls emtio& developmeol of the site .
5. THAT applicalll Ralph Nagel leStified there will be no cbanges, eidler physical or in
the na111re of use, upon approval of the PUD. The sole purpose of application for the
PUD is to eliminale the noo-coaforming sta1111 of Enaiewood Meridian.
6 . THAT no one spoke in opposition to the proposed PUD .
CONCLUSIONS
1. TBA T proper notice of the Public Hearing wu given by posting of the property, and
publication of the Notice of Public Hearing in the Epgpood Bmld OD October 10,
1996 .
2. THAT the Commission determined the Planned Unit Developmenl deaipatim for
Ena)ewood Meridian, 3455 Soudl Corona Slreet, is the proper vemae to cure noo-
confonnina sta1111 crared by amewtmem of R-3 Hip Demity Residence rqulaliom.
THEREFORE, it is the decision of the City Pllaaial aad Zoailll Cc i••ion 11111 die
Planned Unit Development desipation of Enpwood Meridian will cure die DOD-C011formina
status of the property; funber, the Owrwniuat rcc-,-111cnds 11111 Public Worb Depu1ment
provide clarification of die requested concre1e curb, paer and sidewalk improwmems to die
applicant , staff, and to City Council .
The decision WU reached upon a VOie OD a mocion made at die meecina of die City Planning
and Zoning Commission on October 22, 1996, by Gmeu, leCOllded by Tobin, wbicb motion
states :
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die cont:rek aub, flllU1' and sidewalk along &ut Glranl AllfflW, and to l1Yl1Lrfflit this clarifi-
cation to die applicant and SIii//. Flllfltmnore, at ads ,;,,. as this iaw is ~ City Coflndl
for Pwblic Hmrilll, Pwblic Wmt.r H a4Ud to oddras die COIIC1* ~. and a condi-
tion l9IIJ}' -illlpo#d °" die applicant by City Cototdl Ill """ ,;,,..
AYES : ledpada, Tobin, J>ousla, Gmeu, Welker, .._
NAYS: None
ABSTAIN: None
AUENT: Weber, I>wnnm, Ilona
BY ORDER OF THE CRY Pl.ANNING A ZONING COMMISSION
Robert Mason. Chairman
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ORDINANCE NO . _
SERIES OF 1996
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BY AUTHORITY
A IIIU. l'Oll
OCIONCIL IIIU. NO. 15 =:~':In=~
Alf OIIDIMAMCB AftllOVDIG 'l'BB DZOMDfG OI' TIii: DGlaWOOD
MERIDIAN PROPERTY LOCATED AT ~ SOUTH CORONA STREET,
CUDBN'ft.Y f.ONBD Dr TIii: 1W DJ8'1'81CT, TO A PLAMND UNIT
DEVELOPMENT .
WHEREAS, LeGan, Inc., own .. of the En,lewood Meridian property IUbmitted a
P .U .D . application t.o .._ tbe ..,..._. Meridian from an R -3,1.one Diatric:t t.o a
P .U.D.; and
WHEREAS, the t.ota1 me aft.be Enclewood lleridian property-.taina
apprmimately 3 .9 acne and ia eurreatly developed with an eipt story, 193 unit
senior reaidence compla; and
WHEREAS, the propoeed the Eql-ood Meridian property ia currmtly c:luaified
u a nonconforming uae; and
WHEREAS, the nonconforming status rNUltecl from a 1118' amendment t.o the R-3
Zone District regulationa which removed the denaity bonua, (the UN ofnet llCl"N) and
aleo limited the muimum denaity for multi-family l"Nidential developmenta t.o 40
unite per acre; and
WHEREAS, the p.opoeed P .U.D diffen from the curnmt ll-3 1.one Diatric:t in that
the muimum clemity ia iDcr'NNd t.o 50 unite per acre; and
WHEREAS, the P.U.D. appli• only t.o the Enp~ Meridian p.11p&ty, and
WHEREAS, the En,1-ood Plannm, and Zoniq C.C..miNion held a Public
Hearinc on October 22, 1998, revi-ed the propoul and found:
1. 'lbe P .U .D. Diatrict plan wu in caaformance with the
diatrict plan nquirementa and the comprebenai" plan; and
2. All required documentl, dnwinp, l"INIT&la,
recommendationa, and appro9ala ha" been recmnd; and
3 . 'lbe P .U .D . District plan ia conmtent with adaptad and
pnerally accepted lltandarda of deveiopmalt in the City of
Ensl-ood; and
,. Tbe P .U.D. Diatric:t plan ia auba&antially _,,...t with the
paia, objectiYN, dNip pideliw, policiN ud ADJ o&ber
ardinaDce, law or ~t of the City; and
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WHEREAS, The En,lewood P1umins and 1.anin, Commiuicm recommended
approval of the propoeed F.npewood Meridian P .UD. to the Eqlewood City Council;
and
WHEREAS, tbe Bnclewood Planninc and 1.anin, Ccnmiwicm cWermined that
tbe i*opoeed P.UD. deeipatian of Bnalewood llaidiaD will can tbe -·
caafanDinr ... al,tbe jMGpWty, and
WHEREAS, tbe C-mlwion ..,..mmded tbat Plllltic Warb J>.putmmt
provide c:larific:aticm of tbe City', reqaeated CGDCn&e cmt,, .--and ......
unprovaamta to tbe applicant and if Council 8ndl IUCb nqUNt Aplll'Clllriat. laid
reqwt be made a ccmditian oftbe P.U.D.;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY
OF ENGLEWOOD, COLORADO, AS FOLLOWS :
Sedim 1. 'lbe City Coancil of tbe City al Eqlewood. Colorado ftndl tbat:
1. 'lbe P.U.D. J>iltrict plan ia in conformance with tbe diatric:t
plan requirementa and tbe compnbeuive plan; and
2. All requind docummtl, dnwinp, referrall,
rec:ommmdaticma, and apprwala have been remived; and
3. 'lbe P .U.D. District plan ia conei..,.t with adapt.eel and
pnerally accepted ltandardl of dl'nlapmmt in tbe City al
Bn,1-ood; and
,. 'lbe P.U.D. Diatrict plan ia ~ conei.._. with the
pala, objectivea, deeip pidetinel, poUdea and any atbm-
ordinance, law or requjnmmt al tbe City; and
Sedim 3-'lbe Bnalewood City Council --, appecw• tbe PIMDad Unit
Develapmmt far tbe Bnalewood lhridian prapaty attacbed ba'llt.o -Bmillit A.
Introduced, Nad in fall, and puled cm tint reedmc cm tbe 4th day ofNowember,
1996.
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Publiahed u a Bill for all OrdiDanee Oil the 7tb day of October, 1986.
ATTEST:
Louc:riabia A. Ellia, City Clerk
I, Louc:riabia A. Ellia, City Cln oftbe City ofBqlewood. Colando, henby cmtify
that the above and fCJnlOUII ia a true copy of a Bill far all OrdinaDce, introduced,
read iD full, and pueecl on tint readiJII on the 4th day afOctoblr, 1986.
Loucriabia A. E1lia
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Cl1Y MANAGER'S CINDEREllA Cl1Y AC11VITY REPORT
OCTOBER IO, 1996
13 (a)
• Mlller-Kltd..al
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Actiyity: P@yekpna,t AalmwJt
Negotiations cornplellld ampt for tenant mix and phasing exhibits. Status
has not changed since Odober 17 report.
Staff Source -Dan Brotzman
Activity: Land Planning
Miller-Kitchel is preparing formal PUD application submittal to the City. The
first step upon filing is to schedule a neighborhood meeting. In addition,
Miller-Kitchell will brief City Council about their site plan concurrent with PUD
submittal. Miller-Kitchell has not given us an estimated date for filing. Miller-
Kitchell is working on the PUD application requirements.
Staff Source -Bob Simpson
Activity: Traffic Study
Clarion's subcontractor has commenced traffic study. Targeted completion to
be concurrent with the review of the PUD. Status has not changed since
October 17 report.
Staff Source -Bob Simpson
Activity: Tenant Becruitmeot
Sony Theaters is under Letter of Intent to build 80,000-85,000 square feet, 18
screen theater complex. Miller-Kitchell is negotiating a joint use agreement
with RTD for the light rail station. We have been approached by a grocery
chain wanting to go into the site. They have been told the City is not
interested in a grocer, however they would still like to be considered as a co-
tenant with Sony and a general merchandiser or as a replacement for the
general merchandiser should our recruitment efforts fail.
Staff Source -Doug Clark
Equitable
Activity; Purchase/Sale Agreement Completion
Negotiations on final agreement language continue between City Attorney,
outside counsel and Equitable's Denver legal counsel. Project phasing
language is being inserted.
Staff Source -Dan Brotzman
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• Mercantile
Activity: Mercantile Property Gift to Qty
Negotiations completed. Status has not changed since October 17 report.
Staff Source -Dan Brotzman
• Mont.gomary Warde
Activity: Wards I use Surrender
Miller-Kitchell and Wards have completed lease sunender negotiations. Status
has not changed since October 17 report.
Staff Source -Doug Clark
• RTD IJflht Rall Station
Activity: Jnterqoyemmental Agreement
City and RTD are preparing IGA for light rail station at Cinderella City. Our
goal is to have the agreement completed and submitted to City Council by
December 1.
Staff Source -Chuck Esterly
Activity: RIP Pods N Ride l,pcatton
RTD and Miller-Kitchell negotiating a joint use park and ride station on site.
Status has not changed since October 17 report.
Staff Source -Chuck Esterly
Actiyity: Hampden Llght Rail Statton
RTD has stated the Hampden Ught Rail Station design is the most behind
schedule station in the entire Southwest Corridor. Most of this is due to site
location and waiting on City to complete its land planning and traffic study
activities. RTD wants to start Southwest Corridor construction in Spring, 1997
with light rail open to public by Summer 2000. Status has not changed since
October 17 report.
Staff Source -Chuck Esterly or Bob Simpson
• Selbe/KRAVCO Five Acra
Activity: Eu Title
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City conducting exploratory talks with Selbe family to purchase the former
overflow parking lot north of Cinderella City. RTD has also shown interest in
purchasing the property if the current Miller-KitcheU project fails. Status has
not changed since October 17 report.
Staff Source -Doug Clark
Activity: KRAVCO 99-Yur I use
City conducting exploratory talks to sublet 65 years remaining on KRAVCO
lease . Status has not changed since October 17 report.
Staff Source -Doug Clark
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~r-~END~~w/~,:.i~
REGULAR MEETING OF ~ ·~~ 1l(' p,,/M_t~EWDDD CITY COUNCIL }Jlta..Ja.,
j/'?"""' ~r;OVEMBER 4, 1996 f'L,/>u:fl:=-
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Call to order. Q: 3:1 ~
Invocation. U} '1~
Pledge of Allegiance. ~
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2.
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4 . RollCall. '°?~
5. Minutes.
Oftt-o -/( ;;;:r w ~"'"_'\'Council Meeti ... of Octobo< 21, 1~
6. Scheduled Visitors. (~~our presentation to ten minutes .I
a. A representativ Hamilton and Faatz, Attorneys at Law, will be present to
ookridge Shopping Center Planned Unit Development (agenda
a iv).
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,.._ natr. If ,au line• diallllly ..a ...a_.., ... •---. ,a-11111¥ .. Cllr el T at 211• (7Q-MIS) al lelll 41 haun In ___ ., __ ................. ,...
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City Council Apnda
Nowmber 4, 1996
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'"'¥.S?::l:!.:!!!ft3 AM1/ZJ /OPi -tit
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ii.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance extending the moratorium on miscellaneous licensing
until April 10, 1997. STAFF SOURCE: Frank Gryglewlcz, Director of
Financial Servicn.
Recommendation from the Department of Financial Services to adopt a
bill for an ordinance adding a new chapter (Going Out of Business! to the
Englewood Municipal Code, and removing the license from the
moratorium . STAFF SOURCE: Frank Gryglewlcz, Dnc:tor of Financial
Servic:N.
iii. Recommendation from the Department of Financial Services to adopt a
bill for an ordinance adding a new chapter (Auctioneers) to the Englewood
Municipal Code, and removing the license from the moratorium. STAFF
SOURCE: Frank Gryglewlcz, Dnc:tor of Financial Services.
iv . Recommendation from the Department of Financial Services to adopt a
bill for an ordinance adding a new chapter (Christmas Tree Dealers) to the
Englewood Municipal Code, and removing the license from the
moratorium. STAFF SOURCE: Frank Gryglewlcz, Dnc:tor of Financial
Services.
v . Recommendation from the Department of Financial Services to adopt a
bill for an ordinance adding a new chapter (Police and Detective Servicnl
to the Englewood Municipal Code, and removing the licenH from the
moratorium . STAFF SOURCE: Frank Gl""9wlcz. Dnc:tor of Alwlciel
Services.
vi. Recommendation from the Library to adopt a resolution approving the
Food for Fines program for 1996. STAFF SOURCE: Hank Long, Dnc:tor
of Library.
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i. Cou~. approvi~ ~nd~;,;-t;;~ Wastewater Transmission
Agreement.
Council Bill 57, approving a Joint Funding Agreement with the U.S.
Geological Survey for the Gaging Station at Union Avenue and South
Platte River .
iii . Council Bill 58, approving an agreement with Urban Drainage and Flood
Control District for drainageway improvements to West Harvard Gulch .
..... .... u you haw • ......., w111111111 ~ .... ...., ,.._1111111y .. 0y., r 91 au1 (1U,MIS>a1 ............. ..__ .......................... ,...
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City Council AgendA ~:'':d /JZJJ:.7 iv. Council Bill 59, approving an agrnment with the Urban Drainage and
Flood Control District for a study to determine flood reduction
recommendations.
~~dinances, Resolutions, and Motions.
a. Approve on First Reading.
i. Recommendation from the Department of Financial Services to adopt bills
for ordinances approving the 1997 Budget for the City of Englewood .
STAFF SOURCE: Frank Gryglewlcz, Dnctor of Flnenclal Sen.ices.
~{l)/ A~n:~JJ,.,. tt,e 1997 Budgot. ~
tit,J2'f.t ~ill for an ordinance appropriating funds for Fisca ear 997.
/JiiJk ii . Recommendation from the Department of Financial Services to appr a
~~~}JA bill for an ordinance establishing the 1996 Mill Levy for Collection in
'ff"K-/P~o997. STAFF SOURCE: Frank Gryglewlcz, Dnctor of Fina1111Nilll~11!'1114j .. lllllr.:. :---
{) .. ~ :!J_ iii. Recommendation from the Department of Financial Services to approve a
'3/Jlfr_ I, I/ resolution approving• supplemental appropriation of Capital Projects Fund
~-i,eserves to fund the Internet Access Project in the Libran,:.--.IW,l'FF~
SOURCE: Frank Gryglewlcz, Dnctor of •
a . Mayor's Choice .
b . Counci l Members ' Choice .
,.._ lllllr. ff,-_,.•.._.., _. .... ...., .............. lllllfr .. Clly.,S 9'1a .. C76>MIS)II ............................................. ,...
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City Council Apnda
NOl.enN ... 1996 , ....
13. City Manager's Report.
J ~~::::: of City represen
1 0<()()~ ~--Corporation.
I/ V f b. Cinderella City Status Report.
inutes w•e transmitted to City Council between 10/18/98-10/31/98:
• Liquor Licensing Authority fflNting of October 2, 1998
• Englewood Planning end Zoning Commission meeting of October 8, 1998
Plwallllle: H,-...... .....,_._. ................... ..., .. ca,f/11 at ... oa-Maal ............. ..__ ......................... ,...
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NOVEMBER 18, 1996
REGULAR CITY COUNCIL MEETING
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