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HomeMy WebLinkAbout1996-10-07 (Regular) Meeting Agenda• . " • <. 0CTo8£R 7, #996 R£GULAR CITY COUNCIL M££TING ORDINANCE# 45, 46, 47, 48, 49, SO, 51, 52, 53, 54 R£S0LUTION ~ ~9, 80, 81, 82, 83, 84, 85, 86 • .. 0 • I . • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD. ARAPAHOE COUNTY, COLORADO Odakr ,. 1"6 I. Call to Oner Tbc regular IIICding «die Eaglewood City Council -called 10 order by Mayor Pro Tem Habenicht at 7 :JOp.m . 2 . Tbc UIYOCalioe -sr-by C-=il Mmlla Wiggins. 3 . i'WletfAI 11 Tbc Plcqe « AUegiacc -led by Ma,al' Pro Tem Habenicht. 4 . ..-c.n l'laalt: Council Members Hathaway, Clapp, Wiggins, Habenicht, Vormittag, w...-.- Abaeat: Ma)'O' Bums A quonun -p,acal. S. Mi.ta Allo p,aeat: City Mualer Clmt City AUorney BRltzDWI AaillaDl 10 tbc City Maaqei-Once City Clerk Ellis Hausiag Specialill Nader Hausiag FiUIICC Specialila Grimmea Oinx:IOr Eltaly, Pllblic: Wolb Maaqei-Si ....... Neigllbortaood 111d ~ Dcvdopmcnt DiRlCIOr Oryglewicz. FilllllCial SelViccs (a) COUNCIL MDmlEll HATHAWAY MOVED. AND IT W.AS SECONDED. TO Al'PllOVI: TIIE MINUTES or TIIE llEGUI.All MEETING or SUTEMSIR 16. 1"6. A)'a: Couaci.l Mcallas Hadlaway. V«miaag. Wiggins, Habenicbt. W1g1111er.Clapp Nays : Nia Ablenl : Ma)'O' Bunas COUNCIL UMSIEll HATHAWAY MOVED. AND IT W.AS SECONDED. TO Al'PROVI: THE MINUTES Or 1111 Sl'l.clAL MIITINC OP SUTEMSU U. 1"6. A)'a: Council Mcallas Hadlaway. V«miaag. Wiggins. Habcnichl. Wagoaer, Clapp ..... • . I I . I • E.apewood City COIIIICil October 7, 1996 Pagel Nays : Ablcnl : Motion carried. • • Nooe MayorBums ,~ (a) Effa Mac Marker, ExeculM: Dircaar ol Columbine Knolls Parts and Recreation District praented to AU11iD Gomes and Steve Neyer, Chair and Vice Chair olEnglewood's Parts and Rec:ralioa Commillion, tbe CPRA (c.alorado Parts ud Rec:ralioa AWJCi•ion) citation award for their years o{ service on tbe Englewood Parts ud Rcaalioa C-millioa. She DOied that tbele two DICll have shared the Chair and Vice Chair role for tbe pall twdve years, tbal tlley have provided kadcrship for the other Commission members, inpul for their fdlow citizals and have gi\'CII countless hours of their time and years o{ cledicaled service. Howe\'cr, Ms . Markcr llaled, that is not really why tlley were nominated by a citiuo ol Englewood for this award. For one thing. she poin!cd out. tbe ciwion award n:quircs a nomination from a citizen of tbe community and the award is a m:ognition of OUIStanding service to parks and recreation within our Slate. She advised it is a highly coveted award and they deserve it. Ms. Mader stated that tlley were IIOllllllllled for the ~ commitmeol tlley have made to put the pride and back home feeling in Englewood. O>lorado. Bodi o{ these men. she nolal, fed strongly that community inwlYemeat and a -o{ idcality is whal malia a city lillc Englewood worth living in. So, she ODffllDCIIIOI , tlley decided IO bring -o{ tbe tnlditioas back. Steve Neyer decided IIC\'Cflll years ago that Englewood needed to reffl'e or aare a ain.-lipling Cllalal. She said that he llCI it up, ad\'cn.ised it, IOI tbe pmcs cloaatal wl IOI it judpd. TIie ~ is -in its sixth year and the Sln:,cU of Englewood. slle llaled, are a ddigbl • Cbrila.-ud this program bas spurred many, many a bomcowner to go tbal exua llep. Ms. Marker advilcd tbal AUlliD Gomcs took oa tbe fowtb ol July cddxation, as COIis and compdition bad forced tbe City IO forqo this lldebralioa for many years . She said that Mr. Gomes made all tbe raa o{ us wlllllleer aloag with bis Clllire family . He ended up putting on a 1994 fourth o{ July a:lclnlioa, wbicb -named oac o{ tbe tbrcc ~ in tbe IIIClRl area by tbe PRU, on a sboellring .,...__ She advised Mr. Gomes ud Mr. Neyer -bodl ~ in forming Englewood's -Culllnl Arts Ommillioa wl bodl have been 11roag supponcn ol tbe Englewood 1W11111Cr thealer program wbicb IJdls out -=ry year. Addi•icwaUy , sllc aa!ed, Mr. Gomcs bas nx:ca!ly lakca oa tbe Englewood l'm'adc ad Mr. Neyer Im lldpal a -youth foolball lcague form . Sbe poin!cd out tbal Mr. Gomcs -.-S E...-'s Citizm o{ tbe Year for 1996 for llis Mll1t widl tbe Commillion wl 11111 dicy badi lldp out aad do YOhmcer Mll1t for muy, muy other IIC!ivilic5 in tbe COIIIIIIIIIU!y . SIie «.iaed dial ii is cay to lole your idelltily wbcn you are living in tbe slladcM-ol Deaver, bu! in Englewood we all ~ dial we liYC in a bome!owa. She renwtcd tbal tbe efforts made by thelc: two IDCD SW--wl dial ddMI" dial fcdillg for !bousands o{ Englewood residcD!s wbo sit on tbe curb o{ Broadway and dleer die local ICllools in die NoYemba-parade, who watch !heir lads OIi tbe llaF o{ tbe Englewood Hip Scllool wl MIO cb'C Ille llffdS ol Englewood at Cbrilllllal WODdcriDg which ol their neighbors -11111 priz.e lllis year. SIie llalCld 11111 Mr. Gomes and Mr. Neyer have made a very real , las!ing aJD!ribuuoa to Ille ci!ma o{ Eaglcwood lluougb !heir Mll1t on tbe Englewood Parts and Rcaalioa C-millioa wl dial dicy aR lnaly dclelviDg o{ tbe CPRA cilalioa award. She said ii is a plcaalre to pc !Ilea die award .... allO to II)' ....... to Jcndl Bladt tbe Dinlc:tor o{ Parts and Rcaalioa and Carolyn Anallraai. MIO -Ille __.. ud is a very wluod ~ ia our IOcic!y as well as in tbe --•ity. SIie offered lier CICJDll'llllla! to Mr. 0.-wl Mr. Neyer . Mr. Gomes lbaakod CPRA for this boaor wl Carolyn ~ for llicking lier IICICl out w1 IIOIDilllliag tbem. He said be ~ allO lillc to ...... Jcndl Bladt for llis leadcnllip in die Parts Dq,arlmcD!. He COll!mcn!ed tbal be CUDO! IMC CRldil -. for -=rytbiag tbal -said bcca1K wilhoul bis wife Sbeila bdlilld bim, IO pc bim Ille moral IUppOlt, be could DOI do il. He IIIICd dial she is 011C beck o{. nice lady. ' .... • . I . • Ill t1 111;1 1tlfii!if!!li!ll!lff!!, Ill 1~1lf!li 1 ti!!i lff ~ill ; Ju~~fl If if o.fff (i'hJi;rlf l 'JI 1Jur .u!f 19 n · 11h,s•h 11J"!1(1t;fh'·'lli 1 1 I ,1 1~.1 1--,!1 i l1r !-,r~•l:rtl1 .. i1 ,l~.11Jr!J~ .. JB. [!! ! · Jf[ lia:r ,~ 1· , t 1il ~1'!1iiJ.1 111 1 JIJi:(1•11~,iil;'IJt~ ('l1 [ il!ii·,,1111 11, r t: 1)"' · 1t!!llt' a: fa. ff I ltJ•·t Jl f. ,r •ii ·iJl=Jf•·i!IJr'IJ·· :1 . ''J : ·l •' ·11; ~rR'l 1) •,!· ' rJ =•tl•f I( ··:1'iJJ iir 'trt11 'f r1' • 111 1•11, l11i .1 'il'i't(i ~rJ ,1!,lrJ·r rf ;1 I 1.1:111· i:ttittffih''ih[ "'. . hftl • .. ,Uf ,t 111, 1 ... , . ;11•. !Jju rlpf tJ,t 1 11 f i}!IJ:,i· rR· If ''I' 1:11 '• • 1-l1fgJ lf-f , •. x=./ix=! H ii 1t.(1 1 i1t!ptl,•1 hHi(§ 1! ffJ1 dfU!~I lr ~;lrlif'11IJ(~t 9 ~Iil•tr" f !r I 'I !!Ir~ , • r I .. . ~ ·. , • Ell&kweN City C Octaber 7, ·"' PqieS 7. Nor <• Congrep, workiagr and die( apinq share er Eaglcv dial b, bash IChc, awa-... -M n ' • • I • • --~-------------------,· • • - \, COUDCil Member Hathaway requc&ICd that Council look at what they have hiSlorically funded the Qimmission at. She pointed out that Council did, at one point in time. fund a full-time position, which is now a put-time position. Perhaps, she said. they might want to look at CXllltinuing that funding in the Clean, Green and Proud Qimmission sysaem . Nol necessarily for a position. but for the programs, which she poinled out is what KAB (Kc,ep America Beauliful) is designed for anyway . She commenled that she applauds the efforts of the cuncnt Clean, Green and Proud C-ommission Chairman and the Commission in the fm tbal they arc doing the other things that KAB n,quila. tbal dley 11y to enlist as many neigllbortlood ballir as they cu and things like dial. She llalOd that it is 11111 easy getting a buck out of-oftbele peop1e. t11a1 it is \'el)' diffiaalt. like pullillg ledb. 1n fact.* said. she thinks that the job sbe and Susan Van Dyke bad iDitially w \'el)' easy, bccallC they MR appn,acbod by Wasac Ma.,......... of Colonldo alkillg wllal they could do for us . Ms. Hadunway saicl they told them that there w the llllltCI" of the Sl,000.00 iDitialion fee and Walle M•na(lll'ffl"IIC wrolC the cbcck. She DOied it has been difficult for die Oe . ssioo since that point. She reitcnled that she applauds the Qimmission 's dl'ons and '1aled that COUDCil sllould look al the bistorical funding to ICC if they can CXllltinue the funding al least to that kvd. which she felt was only appropriale and would DOI leave the C-ommission out on a limb. (c) Briu Buzby, Policy Director for Cili7.ms to Save c.olorado 's Public Trust Lands, said be wanted to give a \'el)' qllidt bactgnJuDd on Amcndmm« 16 wllich is on the llale-wide ballol this year and deals with die Slale's Trust Lands. Tllis is an iauc that they 1111 IWUld on about a year ago. be advilcd, and this W 011C G die lap Im fflCOIN!N'INll<ions that came OUI of Governor Romcr 's Sman Gruwtll PIOcess. He saicl that was 011C mthe tlliap that ~ them the IDOll was that this was cili7.ms acrDIS the Slale Cllllling OUI and OIIC of the bigcsa coaccms that they were seeing. as far as the growth in c.olorado, -the klll r1-m their open lipMlC an:as that they valued. for the quality m life and for raising their childRD . Mr. Buzby saicl they have worked and built a coalition m education groups. a lol m local officials, environmcntal group1 and ballinea leaders across the SWc to pu1 this iauc in front mvoters. He IUled this land was givca to us in 1176 when wc became a SWc and our Comlitutioo says wc IICICld ID use this land to maximiz.e rncaue. At tbal point this land was used as the main souroc of .-for our public ICllool sy11m1. wllicll w jlllt getting IWUld. He said that we have now been ICCillg a lolmtllis lwl beiag ud forde\clapmc11 purpollS, whereas in the pat the land was hiSlorically UICIII for agrialllwal ad puillg lcws. Additioaally, a lol of cities and municipllitics as well would lealC tllis lad ID w for liikilt8 or bilwig trails wl cili7.ms were becoming COllllrmed abOUI proposed alclmdac lladl. 11111.-w •••• IIYI tbal you nccdcd to lll9Ximi1JC -tbey WCRD 't 1111c ID lla\le dleir wiae llead • dais iauc. It 1111 been an iauc that a lol of cducalors lla\le been ooaccned ._•.a . .-a lol ma-. land 1Will be pu1 up for~ wlleR die ac111a1 fistal iapac:t ca die ICllooll, dtle ID auwdilll ha tllis del. rlo:p C t, .-Id CX(iec,d die -aaiag imo the ICllools . So, lie aaled, dlis w-ofdle opponuilics wlleR all dlclc 111111p1 .. toerSller and pu1 this iauc in ftoat fl~ dlis ,-,. \Vllcre dley wauld aJ111iac to UIC land to .... ._ for the scbools, but it would allD add adlcr iaucs to tallc lllblnl values. open lipMlC ud wildlife concerns into considc:ration • well • die filcal m.-:t that any del.eloF t may lla\le oa a local public ICllool , to make sure dial ICllools -lllle ID pnMlk die bell cdllcaliaa paailllc for dleir cllildren. Mr. Buzby said dial that is a \'el)' quiet IIICtgroud wl lie wauld be glad to -any qllCUIIII. He said a lllllplc ICIIOlulion may lla\le beat iachlded ill c-:il's padlcl widl infonulbOII oa this isalc. He alked for Couacil'1Clldol"1 C C GIiiis illitialiw. He DilDd dial tlley-talkiJII IOa variety of city council 's this efflliag acrDIS die Daivs IICltnl-, llecw dley -leaden ill dlcir CD 'ties Tllal it is \'el)' important wl tllere is a lol ID lllillk .,.. tliis declioa )GI', tllere -a lol m ~ and this is one way folks ca look 111P wl ICC MIIII you dlilk oa this isalc. He aid he -.Id appm:iate Council 's cndonrmenl « this iauc. ' I I . • / ~ t![llfl[l(llilJ 9J.llltlfl!iff 1 lll'!fflJII ~ fll llf I s.:R' 11r11r 1111 I Hta.•a.fa'I lllr{r Ui• ~ z f1 . 1{f]fiffiiJJ(.}if~!!1iJfj{l~}!lfriliiifj~fi; i i!i ~; I iiJlh l'JJl.H~lir~w111n1t!11;•11iflHI f .. ,l - ir!(ilf 1 I !lf~•!IJJl1tl.i!l!i~;1l1!i1!l~! (ti l 'l-~'''tll11·,,1l1l[1 1'l1'1f1rr1~~!1::r,i1lf rlf 1 s ~l1 5 ~iBis I! •.I ft! ifffiiftiJR i tff f1!1 1fJ 1jJIJIIJlil!lilJJ!il1 1 '!i!l{;~fl 1 ~'i !!Jilitl1tf1i!iiifi!iifii1t1l!i1!1Jti1fl 11lt J(r'itJl•IJ~li(f ls]]si;llJft(iffi.;rlit ·f1 ilt'l~;,JJ1~1~,, 1,t!!'l~tJ1fJiit 1·fi!1~1 !l( i l~r ilf '1'i••r~;ll~11,. ·'~tg ,,i~ •11 jf1ff!~f1•(ile1~1(Jlf(fJi:lfillJlllllliJr · ,i •rJ11~ I ; !1r 1f fr§1·tt! l~'!litr ~f I ' • r • ,. r I . , .. . ~ -----------~----------,. • • • Ea&iewood City Coaacil Odaber 7, 1996 Pqe6 (a) A proclamation dcclariag the week orOclobcr 6 through 12 , 1996 as Fire Prevention Weck -Cllllllidered. COUNCIL MEMSER BA111AWA Y MOVED, AND IT WAS SECONDED, TO PROCLAIM THE WEEK OF OC1'0•ER 6 THROUGH 12, 1996 AS mtE PREVENTION WEEK IN THE CITY OF ENGLEWOOD. Motion carried. (b) considcrcd. A:,a: Nays: Mlleal : Council Members Hathaway, Vorminag, Wiggins. Habenicht, Wagoia,Clapp None MayorBuras A pmdamarioo declaring the 11111111h orOclobcr 1996 as Crime Prevention Month was COUNCIL MEMSER BA111AWA Y MOVED, AND IT WAS SECONDED, TO PROCLAIM THE MONTH OF OC1'0•ER 1996 AS CRIME PREVENTION MONTH IN THE CITY OF ENGLEWOOD. A:,a: Nays: Ablent: Motion carried. Council Members Hadlaway, Vormillag. Wiggins, Habenicht, Wagoia,Clapp None MayorBums Mayor Pro Tean HabeDicbl pRIICllled the pnx:lamarioo to Crime PreYentioo Officer Nancy Pderson . (c) Molllll. A pmdamarioo declaring the moadl orOctabcr 1996 as Brast Cancer Awarcnc:ss COUNCIL IIIDOD BA111AWA Y MOVED, AN9 rr WAS S&CONDIED, TO PllOCIAIM THE MONTII OF OCTONa 1"6 AS UEAST CANCa AWAUNESS MONTH. A:,a: ~ Mr:allas ltalllany. Vmmillag. Wiggins. Habcaichl, w...-,. Clapp Nays : None Mlleal: Mayor e.r. c.ou.:il Maaber ltalllaMy ....... dial c-:il 11:ad the pnx:laeMioo IO Dr. William E. Jobe with Radiology lmagillg wllo is 1-.1 ill die City or Eaglewood ill the Fim lntermle Bank building. She m1e11 t1ia1 lie is -or the beaOII expens ill die lllllioa on 111a11 caacer alld bis wife jusl reccnlly passed nay rn. lllall caacer. Dr. Jobe. Ille alMICld. llas ellablished a beedaeion in his wife 's name. As it is M Englewood baed busi-. Ille fdt it _.... be appn,priae IO 11:ad lllc pruclamaaioo to 11111 location. (d) A pmcfaeefioa claclarilla die day or<>aaller 9. 1996 as Naberal Dimtcr Awareness Day. COUNCIL IIUDU BA111AWA Y MOVED, AND IT WAS S&CONDltD, TO PROCLAIM THE DAY OF OCTORa t, 1"6 AS NA11JIIAL DISAS'na AWAUNESS DAY. A:,a: CGuacil Mr:allas Hadlnay, Voniiaag. Wiggins. Habcaichl, w...-,.Clapp Nays : None • . .. ., • l:apwON City Caucil Octaller 7, I "6 Pqe7 Ablcnt: Mouoo curied. • , . • Mayor Bums (c) A pmc:lamMion declaring the week of October 20 through 26, 1996 as National Business Womco 's Week was coasidered. COUNCIL MEIDER BA TBA WAY MOVED, AND IT WAS SECONDED, TO PROCLAIM 1UE WEEK. OF ocroaa JI THROUGH 26, 1"6 AS NATIONAL auslNESS WOMEN'S WEEK IN THE CITY OF ENGUWOOD. Ayes: Oluacil Members Halhaway, Vormittag. Wiggins. Hlbcnicht. Wagoner, Clapp Nays: None Ablcnt: Mayor Bums Motion curied. Mayor Pro Tcm Habeaiclll pa--.1 the pnx:lamation to Shirley Richards, Prmdcnt and Holly Glciforst, Second Vice Plaideal. oftbc ~ Business and Professional Women's Orpnizalion. (f) COUNCO. MEIDER BATBAWA Y MOVED, AND IT WAS SECONDED, TO ACCEPT WITH llEGUT JORN nRNSTllUM, ID'S U:Tl'ER OF U:SIGNA TION FROM 1UE CLEAN, GUEN AND PllOUD COMMISSION. Ayes: Cancil Members Halhaway, Vormittag. Wiggins. Habenicht. Wagoner, Clapp Nays : None Ablcnt: Mayor Bums Molion carried. (g) COUNCIL MEIDER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT WITH DEEP UGUT DON FULLERTON'S LETI'ER OF RESIGNATION FROM THE ENGLEWOOD WA'nll AND SEWER IIOAltD. Motion c:arried. Ayes: Oluacil Melllbers Hadunway. Vonaiaag. Wiggias. Habenicht. w...-,,Clapp Nays : None Ablcnt: Mayor Bums Couacil Mealllcr Hadunway ....... 11111 WC lelld ID ...,iicalion, in lipt of the fact 11111 Couacil needs to do bolnl ud commiaion appoi_, ayway, to Mr. Gray Clark . SIie aid lhc armmcs Don Fullcrtaa bas a ,_ for amac a bim. 11111 11111 lhc feds Couacil Delldl to interview him a well . 9 . ....lleariea No pulllic lleariDg -ldlodulod befoR Council . 10. C....qmu COUNCIL MEIDER BATBAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II (a) (I) THROUGH (w) ON PIIIST HADING. (a) AppnM 1111 Finl Readiag • . .. I . , ------------------,· . ~ • ... Eqtew• City C-'I Odlllel' 7, '"' .... (i) COUNCll. Blll. NO . 49 , INl1lODUCE> BY COUNCIL MEMBER HA1HAWAY A Blll. FOR AN ORDINANCE REPEALING Tl11.E S, CHAP1U. I , OF 11IE ENGLEWOOD MUNICIPAL CODE 191S PERTAINING TO GENERAL LICENSE PROVISIONS AND RE- ENACllNG A NEW atAP1El I. (ii) COUNCll. Blll. NO. 50, IN11lODUCED BY COUNCll. MEMBER HA1HAWAY A BW.. FOR AN ORDINANCE REPEALING Tl11.E S, atAP1ElS 2A, AND 28, OF 11IE ENGLEWOOD MUNICIPAL CODE 191S PERTAINING TO AMUSEMENTS. PUBLIC DANCES AS WELL AS AMUSEMENT DEVICES AND RE-ENACTING A NEW atAP1El 2, AND WIDCH REMOVES AMUSEMENTS FROM ORDINANCE NO . 2S, SERIES OF 1996 WHIOI PERTAINS TO 11IE MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD, COLORADO . (iii) COUNCll. Blll. NO. S l, IN11lODUCED BY COUNCIL MEMBER HA1HAWAY A BDJ. FOR AN ORDINANCE REPEALING Tl11.E S, CHAP1U. 4, OF 11IE ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO POOD VENDORS AND RE-ENACTING A NEW <llAPTl!R 4, AND WHICH REMOVES POOi> VENDORS FROM ORDINANCE NO . 2S, SERIES OF 1996 WHICH PERTAINS TO 11IE MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD, COLORADO. (iv) COUNCll. Blll. NO . S2, IN11l0DUCED BY COUNCIL MEMBER HA1HAWAY A BW.. FOR AN ORDINANCE REPEALING Tl11.E S, CHAP1U. 12, SECTION 8, OF 111E ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO ARBORIST AND ENACTING A NEW <llAPTl!R 14, AND WHICH REMOVES ARBORIST FROM ORDINANCE NO. 2S, SERIES OF 1996 wtDOI PERTAINS TO 11IE MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD, COLORADO. (v) COUNCIL Blll. NO. SS, IN11lODUCED BY COUNCIL MEMBER HA1HAWAY A BW.. FOR AN ORDINANCE APPROVING AN INll:ROOVERNMEKrAL COJIITRACT BETWEEN 11fE STA'm OF COLORADO AND 11IE CITY OF ENOLEWOOD, COLORADO, RELATING TO 11fE LAW ENFORCEMEHT ASSISTANCE FUND (LEAF) PROGRAM . Ayes : Nays : Allleat : (b) C.ouacil Members Hadlawly, Vormittag, Wigins, Habeaicbt, w...-,,Clapp Nae Ma,o,Bums •. ... I. , • Ea&tew ... City C111111eil Oc:tD11er 7, 1996 Paget • • ... Thcrc were no ilemS submitted for approval on second reading . 11 . o....._,a,,,n tillllaMIModau (a) Appnl\'C on First Reading (i) Housing SpecialiSI Nestler pn:scnled a recommendation from the Englewood Housing Authority IO adopt a bill for an ordinance approving the sale of six Project BUILD propenies. He staled that this is a request IO sell properties they ~ acquiftld for the project BUILD program. Mr. Nestler advised that they are dispencd IIOWld the City, they will be building new homes on these sites and they will be sold at maJ\et value . He said that IIIOll of them are under construction at this time . In response 10 Council Member Vormittag, Mr. Nestler advised that 4801 South Grant Street is Wider contract. The City Clerk was asked 10 read c.ouncil Bill No . U by title: COUNCIL BILL NO. U . INTitODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROVING TIIE SALE OF SIX PROPERTIES . WHICH WERE DEVELOPED FOR TIIE MBUILD" PROJECT, ON TIIE OPEN MARKET . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (l) • COUNCIL aD.L NO. 41. Ayes : c.ounci1 Members Hathaway. Vormittag. Wiggins. Habenicht. Wagoner, Clapp Nays: Nolle Abaeat : Mayor Bums Motion carried. (ii) Housing Finance Spocialilt Grirnrnca prar:nted a RICOIIUflClldll from the Englewood Housing Authority IO adopt a resolutioll appn,viag an applicalion for Community De\dopment Block Grant funding. She advised tllll tbcy are requemng the annual application 10 be submitted 10 Arapahoe C4unty for the 1997 funding of die Community Dndopment Block Grant Program in order IO further the City's rehab program, to continue our Broadway Coniclor Project Devdopmeat, which is a housing rq,l1nl'IClll pragmn. and to fund the Housing Audlority's Family Self Sufficieocy Program . So, she DOied, it is their annua1 request to be able to apply for the funding, that the funding is allOmllically raerwd in die City's-. but we still ~ to apply, spelling out exactly how the funds will be Uled . The resolution was assigned a number and read by title: RESOLU110N NO . 77, SERIES OF 1996 A RESOLUTION BY TIIE CITY OF ENGLEWOOD AU11fORJZING TIIE HOUSING AU11IORITY OF TIIE CITY OF ENGLEWOOD, COLORADO TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 1997 COMMUNITY DEVELOPMEm BLOCK GRANT TO FUND TIIE HOUSING REHABILITATION PROGRAM. TIIE BROADWAY CORRIDOR PROJECT AND ASSIST WITH TIIE FUNDING FOR l1fE FAMILY SELF SUfflCIENCY PROGRAM . ' • .... • ... I. 0 ----------::-----------i• • Eqtew-a Cky C111111eil October 7, 19'6 •-.10 0 • COUNCU.. MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -RESOLUTION NO. 77, SERIES OF 1996. Ayes : Council Members Hathaway, Vonninag, Wiggins, Habenicht. Waggoner, Clapp Nays : None Absent: Mayor Bums Motion carried. (iii) Director Eslerly presented a recommendation from the Depanmenl of Public Worts 10 award, by motion, a contract for Santa Fe landscaping. He advised lhat Slaff recommends awarding a construction contract and the amount shown on the Agenda needs to be revised to $458,125.70. Mr. Estaty staled tbal they recommend the contract be awarded to Landlcch Landscaping, Inc. for the c::onstructioa of Soulh Santa Fe Landsl:aping Phase I . He noted Council previously approved funding for Santa Fe lanchcaping, tbal the total design was compldcd in Sepcember of this year and it is estimated to allil a total of S2.2 million. The Tri-Cities group has prioritiud landscape impnwemeots to med available funding and, a1thougb we are funding this project, this is in fact a Tri-Cities project we are carrying out. He staled tbal four bids wen: received on Sq,tember 25"' of this year lhal are detailed on the attached bid tabulation. Biel documents that -prepared allowed for delc:tion of wort if the bid exceeded project funding. be advi&ed . The low total bid that they received was over $780,000.00. They reduced the IICIOpC of the project and recommend deleting consuuction of the relaining walls and aaocilkJd earth wort al the Hampden illlelChange portion of the project . He stated this will reduce the aJllb1ICt _. by $322,000.00, to the 10Cal award tllat they are l'CCOIIIIIIClldng . Adequate funds for this project are available wilh the approwd buqet of the Sanla Fe landlclping that they ha\'C ICl aside for City beautificalion. He said tbal for a lillle a10R clarific:aliaa, dlcir funller illlelltion with funding lhat llas already been through lllllll of the review pnxlCli for die 1997 e.dtct . -.Id provide $200.000.00 for addilioaal lanchcaping. So, be noted. they expa:l 111 -...... au-die ~ IICXl project be to .--die raaining wall project al Hampclell . He aid lie ..... lie pad Ill -uy qllCllioni. c-i1 Mcaber Vonniuag asked iftbis is pan ahlle 1500.000 00 .. -_. 6-CDOT. DindDr Ellerly said thal Ibis $500,000.00 is die-* .. <DOT W ..._.. for I C 4 . 11 wen on S... Fe . Mr. Vormiuag asked if that alto_..._ afk Lllllaal ..t .._ ._ Mr.~· __. 11111 all of this wort is within the City off'.alll" ,.i all C a, asa... c:-, i..s He said dial -•dlis wen is in the City ofLittlctaa. 11111 ii .... al .. 0., c...k C..al *"-' Vmaiaag ..... iL ia dlal c:a1C. they will DOI gel uy flldlis-,. •._I C 4 I 0..-Ellerly said dial lie will ID IIIIC* to the slalcment tllll Ibis is• w ily w-,. ...... • <DOT'1 ~ dial is ....... llcle. He CIOIIIIIIClllcd tlull he is -._ will lie.._,.... ..... -... of die Tri- Clliel + t and funding for tllole plajlas will lie,;..,..._ Tie --. ,..;.:a 11111 CDOT 11as m S... Fe ic.elf' is the hltcrdlaqc al S... Fe all ...... all az+ib I Ill 11117 . Aldiaap. Dindar Ellerly IIOtad. they are Clltildy M7llill die cily .. fll die C., fll i...... lie ellpllCled tllat we aay .._ _ i-.as in doing whatever is~ Ill aallc 11111 Ille.~. -all -..... to be. c-il Mcaber Wagoaer commented tllat tllcle is a lat fll differmoe baMlal die eagi-'s estiw ad die law bid. He allied if he just pdcid or if it is a bad tiae IO bid I d ;api-,. Dil'CICIOr Eaerly ...-dial tllcle is a lot of differalce ud tllat he -• M'C dley can uswer any al thoee questions. He aid dial the CIIIDalhanc 's fall badL politiaa is dial dley ldiad aa COit estimaling numbers thal wm: pnMdad • llalldanl COit CICimatiag aulllllen by die Dqm1mcnt olTIUlpOl1a7ion and they did not wort in the CIIIC of Ibis law bidder. He said they can led IIIIC* ud forth • all the individual bid ilCIIIS too, bul really their expei ience is lhat the individual bid items are DOI • accurate • the total bid estimate. And of COW11C, he noted, they really missed the total bid estimaie. lhat ii is very far oft'. ' • I . ----~--------------·· • • • 0 ..• • Ea&tewood City Couacil OctolJer 7, 1996 Pa,:e ll Council Member Waggoner asked ifwc should re-bid or what would Director Esterly's recommendation be. Director Esterly said no. that what he believes wc have here is that this is what the value of the wort is and that wc do not have enough money pu1 aside to do everything that wc asked for. He noted that the process that they went through was to actually have the consultant design the entire project, which at their estimating standards that they have used is al S2 .2 million. which already tells us that that is more like a $3 million project. He advised that, using those numbers for the individual components, wc pared down the bid package based on those estimates to Uy and hit $500.000.00. In response to Council Member Waggoner. Director Esterly confirmed that it is their recommendation that wc award it with some significant deletions of ponions of the package that arc clearly definable and perhaps least of the overall intcrCSl of the entire Tri-Cities group too. COUNCIL MEMBER BATRA WAY MOVED, AND IT WAS SECONDED, TO APPROVE A CONTRACT WITH LANDTECH LANDSCAPING, INC. IN THE AMOUNT OF $4511, 125. 70 FOR SANTA n: LANDSCAPING. Motion carried. Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Clapp Nays: None Absent: Mayor Bums (iv) Manager Simpson presented a rcoommcndation from the Office of Neighborhood and Business Dcvclopmcnt that Council set a public hearing on November 4lh to consider a bill for an ordinance revising design guidelines for large retail businesses in Englewood. Mr. Simpson said he is available for questions. Mayor Pro Tcm Habenicht, after looking al the Agenda, oommcntcd that they arc rccommcnding, not just the public hcaring, but 1h11 Council pass the council bill on first reading. Manager Simpson said they would like Council to set the public hearing and approve the ordinance on November 4"'. As there was some confusion, City Attorney Brotzman clarified that Council has been asked to pass this council bill on first reading tonight, but they would then have a public hearing and. at the next meeting immcdialcly following that, Council would have second reading. Council Member Hathaway asked if. in csscncc. this oouncil bill rcf1ccts almost all of the provisions of original Fon Collins ordinance that they all asked for infonnalion. Manager Simpson said that for a significant part it docs. He advised that there have been small changes, that those arc primarily to rcOcct more of the lllllW'C of our cxistellClc hcrc in Englewood. Prablbly the biggcs& change is that the square foot.IF requircmcat, ofwllcn thcsc really apply , has been reduced . It is -11 20,000 square feet. It also sugg,csas lhll this ordillWlC be considered • • guicldinc for redcffloplDcnl projcds. Whcrd,y, he said, if you have • project liUCb • a Trolley Square or King Soopcrs that is enlarging. and this is also addressed in the zoning ordinance. that if it adds on a oenain percentage that these might be considered to be a rcdevclopmcnt project and would be considcrCld to be a guideline. That would be something that the Planning Commission felt was imponant in that insaancc. Additionally, the Fon Collins ordinance for example. bad where facades exa,cd 100 feel in length would be required to have some: articulalion occur, this ordinance requires thal articulalion occur in 7S feel . One additional provision that kicks into place here is thal the Fon Collins ordinance rcquiral that no more than SO% of the pllting be placed between the llrCICt and the front facades of the building and this ontinance would permit no more than 70% and the remaining 30% be on the sides or to the rear of the buildings . ' ' I • C' • • • Easkwood City C111111Cil October 7, 1996 Pa,:e 12 Council Member Hathaway asked if that was primarily based on the layout of the Cinderella City site, Planning and Zoning's recommendations after looking at that. Manager Simpson said no. that is based OD sugc,tions from the Planning and Zoning c.ommillion to be mmewbat IIIOR realistic: from Englewood's penpcc:tM OD \Vbelc puking nay cxx:ur with these kinds of' projects. He stated he says it from that mndpoint that thcR wen: some Planning Commissioners that were very intercsled in taking a look at comumcr shopping paacms. He DOied -people said that they would not want to go to a place \Vbelc thcR-a lot of parting OD the side or at the rear, they want to be able to part out front. So, he advised, the sugestioa -made to place 70% and 30% to the sides and to the rear . He said it was a compromise polition to acc:omplish that. It docs also permit the Cinderella City site plan, as it is currently being clisc:usscxl, to be able to move forward . The City Clerk was asked to read Council BiU No . S3 by title: COUNCIL BILL NO . S3, INTRODUCED BY COUNCIL MEMBER HA 1lfA WAY A BILL FOR AN ORDINANCE AMENDING Tl11.E 16, CHAPTER S, BY CREA TING A NEW SECTION 2S, AND AMENDING Tl11.E 16, CHAPTER 8, SECTION I . OF 11fE ENGLEWOOD MUNICIPAL CODE 1915 ENTl11.ED DESIGN STANDARDS AND GUIDELINES FOR LARGE RETAIL ESTABLISHMENTS. COUNCO. MEDER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iY) -COUNCO. 81LL NO. 53. Motion c:uriod. Ayes: Council Members Hathaway, Vormillag. Wiggins. Habenic:ht, Wagoner, Clapp Nays : None Allaeal : Mayor Bums COUNCO. MEM8ER HATHAWAY MOVED, AND IT WAS SECONDED, TO SET A PU8UC IIEAIUNG ON COUNCO. 81LL NO. 5.J l'OR NOVEM8ER 4, 1"6 AT THE REGULAR COUNCO. MEE11NG AT 7:JI P.M. Ayes : Council Members Hathaway, Vormillag. Wiggins. Habcaidlt. Wagoner, Clapp Nays : None Allaeal : Mayor Bums Motion c:arricd. (v) Manager Simpson pRSClllCd a l'CCOIIIIIIClld from the Office of Neigbborbood ud Busiw De\ elop-nl to adopt a bill for an onlinw:e revising child care zoaing issues. He Maled thal llaff' m:ommcnds that Council applO\'C OD fim reading this council bill wllic:h pnlllC*l aD ama..tmmc to the Comprehensive Zoning Onliaw:ie • it pertains to daycan: in n:sidential zone dillricls and to IChedulc a lOCOlld ud fiaal reading to appnwe this amendamll OD November ,•. Council Member Hadlaway med if it -'t uue thal they wa111 a public: hearing on this ~ as well . Manager SimpDI said that yes it would be a public: hearing OD Ncwcmbcr ,•. as he undenlaads it. Ms. Halha,oway pointed out that Council docs not do IOCOlld readings OIi the ame night as public: a-rings, that they Clllblishod a policy of doing it at the following mceliag. Mr. SimpDI aJIIUIIClllCd that that is why be needs bis very bdpftd llaff'bere to mill him to Fl him duougb tbcle thinp. ' .. .. I . , • Eastewaed City CoallCil October 7, 1996 Pqell '. • • Mayor Pro Tcm said then Council will vote on this issue on first reading tonight, requesting that there be a motion to hold the public hearing on the 4• of November and then tbcR would be a second reading following another meeting. City Auomcy Brotzman clarified that following the November 4'" meeting would be second reading on Nowmbcr 1glh_ Council Member Hathaway ack-iedFd thal tbcrc 1IWffl: some people in the audience tonight that she MS sure would be coming down for the public hearing. She lllid her only oonccm she bas about this is tbat ya she undcntands thal 2lOlling is by lllbln: dilCrimiulOly, howeYer she wondered if we UC not IIOIIICWhal setting up a claa situtllion wllcR people tbat bappcll to own a child care rcsidcncc in R-1-A arc paying a S7S .OO fee, wbcn:as -in R-2-A or R-3-A uc not required to do that because they uc not alllSiclcral a CIOllditionaJ IIIC. She llated sbc would lillc to CIICIOUngC staff, before the public hearing, to work with the people thal uc in the audicacc this Cfflling, because they uc the cxpcl1S in the child care busiDCII as far as she is coocemod and mmc olthem uc in R·l·A. Council Member Wiggins said that is as far as she is COllllCl'DCd. She lllid she would just like to suggest that staff look at some of those concerns before the public bearing if they can. Mayor Pro Tcm Habenicht asked that Manager Simpson explain how the Conditional Use would wort on this. Mr. Simpma Slated that Conditional Use. as with any Conditional Uac within the l.oning Ordinance, requira an application to come fonvard, a polling of the requca and notification to adjacent property owners. He lllid that at that time a public hearing is set with the Planning Commission to hold a Conditional Use bearing and they have an opponunity to amc before the City Planning and Zoning a,mmission to request the Conditional Use to be bcanl. He explained that tbcrc will be criteria within the .loning Ordinance as it pertains to Conditional Uses. it will ~ to be considcrcd, it will be an opportunity for raidcnts in a particular neighborhood to lland and either ICStify for or against a particular Conditional Use. The Planning Commission then bas the ability to make the final decision on that . Mayor Pro Tcm Habcnicbl lllid that if this is passed on first and ICCOlld reading as it is pRICIIICd here, anybody wllo lllppem to Uft CJIIC • this particular time would ~ to apply for a Clllllditional USC to be pcrmicted. Ma-,er Smploa lllid thal thal is com,ct. The City Cleft-asked IO sad Couacil Bill No . S4 by title : COUNCIL Blll. NO. S4, ll'mlOOUCED BY COUNCIL MEMBER VORMrITAG A Blll. FOR AN ORDINANCE AMENDING TITLE 16, CHAP'mR.S 4 AND 8, OF 1llE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO 1llE REGULATION OF HOME DAY CARE FACllJTIES IN 1llE R·l·A 1.0NE DISTRICT . COUNCIL MEM8ER VORMITTAG MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Y) • COUNCIL alLL NO. 5'. COUNCIL IUMKll WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND COUNCIL IIIU. NO. 5', av DELETING SECTION lM-2 AS rr Ht.Ans TO R-1-A, SINGLE PAMILY RESIDENCE DIS11UCT. Mayor Pro Tcm Hllbellicbl asked Couacil Member Wagoner to explain what that docs. Mr. Waggoner llated that it CSIClllially keeps the R-1-A Z.onc DiSlrict the same as it is now, free from any child care facility . Mayor Pro Tcm Hllbellicbl Slated thal she would like to apcak to the amendment. She stalCld thal she will be VOUD1 api• the amcadment. Sbc lllid she believes thal there -a n:a1 CODCCl1Cd dl'ort. tbat she • ' I· 0 ... .. , ,;-' rr, • ... w N X ,, o I Ii I .,~ I '1 IJflJfjflli JJJli 111,Jlifllllil !If I~ I I ~ 1: ,J 11 I I I ti 11 '· E i. -.~ I ~11, ,' t I :: ~ .. t t ... t .1111.I fa.I· -~~ .. - .. ...., ,.,. I !"!' I ..• ill'~'iJ ·11•1 J.PffPUi~. I i ~ !, ~1 '1rl l !r l•'•,~!1·r•r· fii~g fiil fii '111'lt!l1;11 11~· 1tfJllJ 1l1l•i r111J r11• 'II f rlrl{lJt 1li!I 1:~,!1•,1111}1 ,,11 11' 11 !li1Il1lt11w "lfii 1'!i,1 1 1i~1 1!ilil! c~t le ctE ll·Jilf 7 ll · JJirJ J' f l"ffi'Jf J·!J J J· 1-1: lif.li' : .J-f ::i1J 'rf•:tl .. 1 ~ 1' •t11s I jl·1.1 111• .. !lr'I I! I f f IIJ lrJlf !• .1 a. 1H rltrt laf ~a I ]f~.if :l~fl ! 1(ttr;1a.1 · IE ! i i ·11 rt I gt f I! r 1.1, . ti Ir I~~ s; ',' ( 1. I .. Jf1 R»a. i 1 t • .•1"1ft.J f · •(sJt .;t lstl 1!JH~ Ja Ir i f. it t' 1 ' -9"1 1 ~ ~l I , • ,, I . . . ' '· ~ . 7 -----~-------------· • Ea&lewoed City c..dl Octellcr 7, 1"6 Pqt15 ' • • \. (vi) Direclor Olyglewicz and Cily Clerk Ellis presented a nx:ommeodalioo from the Cily Clerk's Office to adopt a raolulioo teaing a dale for the recall election. Mr. Giyglewicz dd"mcd to Cily Clerk Ellis to addn:a die ....-raollllioa. Ms. Ellis advilDCl Council thal • the recall pelilions ~ been dDemed lldlicielll Couacil is beillg IIIUd to Id a dale for the recall dcc:tioo. Per Cbaner, she explained, the eleclioa aua be Id aaywlicR bdwcen December 21• and Fdlruary 3n1 _ After looking at the caleadar, taking into aimida'alioa llolidays wt various lhinp, J-,y 14, 1997 is the dale the City Ciak 's office iuec cwm Miag II CGacil's dill:relion . She advilDCl lllat die Election Commission bas ddaminal thll the mail llallol eleclioa ~ is in the best illlaat of our citiz.ens, and they have held thll belief tor quite a wllile --Ms. Ellis IIIICd they arc llking thll a mail ballot dcc:tioo be Id in www._ Mtb die Colorado Municipal Elec:tioe Code and just tac w part of the Uniform Election Code, Seclion 7 .5 for Mail Ballot Elections to f'acilitatc this~-lfCouncil approves that, she noted, Paragon SysCeml will facilitate the~-Sbe advised that Paragon med to be Hocckle 's and thal they ~ the abilily IO do this. Council Member Clapp said she understood that this election cannot be held at the llllllC time as the munici ... election . Sbe asbd if that is correct. Ci1y Clerk Ellis explained that the Novembers• election is not a munici ... election, but tbal it is a general stale election and per the Charter the election cannot be held Mtb that dcc:tioo . The raollllioa -aaiped a number and read by title: RESOUmON NO. 71, SERIES OF 1996 A RESOUmON SETI1NG A RECALL ELECTION BY MAIL BALLOT Wl11ilN 11fE CITY OF ENGLEWOOD, COLORADO. COUNCO. MEIRU WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA rnM II (a) (ft) -lll!.SOLU110N NO. 71, SERIES OF 1"6. Ayes : Council Members Vormiaag, Wiggins, Habenicht, Waggoner, Clapp Nays : NOiie Allllaia: Coacil Mealier Hadlaway Mllem: Mayor ... (b) Appruwe OIi Secoad Radiag There -DO items Ulllliacd tor approval OD IIICIOlld reading 12 . Gwral Diec I (a) Ma,or's Clloicle Mayor Pro Tea Halaic:lll did m 1111M uy ..acn to briag bdiR Council . (b) c.c-:il Meaben Clloice (i) I . He asbd Cily Maaqer Clart wbeR we arc II OIi aanic:ipll mlid WIIIIC . He said be is aware thll llaft" 11M been aearclliD1 this itale. City Altoney Bnllzaan respoadod. advising that llaft" is lliU working on this itme, and thal should be going bact IO Clean. Grmi and Proud. He llaled it is jllll a ' ' . .. I . • ll\ill ~ I S8i I ~ Iii~ 11111~ ffJffl~ Jifl ~,1 i,[JI! 9 1 1;~ ! s f tr .. f ,Ur ~1n1' ~, U . i! !~~1,ra l ff •ill la ( 1111 JIJ,I g 11,~11! lfil [ 'Jl1i1f t ·· 111 t'f ,.r 1!~! 11!flir i ll1f~il I,! r -1 !II IP i IJ a. I ll i I f i. if B i· m ~ r jl !11 1 ,i•i I tr 1 1 1r1 --~ 1 • '• -~ r1·l1 ~ I J•t _ !iiijll 'Jl!i 11 !11'i lli1it f 1(1111 i!l! ,1 1 ~~,i JI, r . 1 r , , 1 t 1 ,1• 1111 iii! IJ·'fl! I 11 fl 1J1J l1tlJ l 1111 !;(1 fJJJ :t ~ B Ji 1~1,1• IJfi! ,,,?1~ '111 . rt I f I· a i' l . f i . i i r ~ I I c:; ~ l if ·, ·fy ti 1· 1~ I ~;;,r l!I IL r-1 · lfi•~!i I 1~! ;1 11ft i!!J: !11111 ir! r ~,,~, s I lii 1i(r 11 i,1 i!t ~ • • I' I .. .. ~ . '; -. . ,. • EaaiewtlNI City C...a Oa.a, 7, '"' ••ee 11 individuals ue City Mau,er C1art, City Altorney Brotzman. EMS Coordinator Ulrich and Chief Building Official Stia . Couaci.l Member HalJin.ay aod if lhc Mayor wu menlioaed in lhc original complainL She said she thought be Ml. City AllorDey Bn11mian said that it WU in lhc ~ immunity action . He said if be is be would IIIOYe tliat be be defeadcd also. COUNCO. JIUMaq IIATIIAWAY MOVED, AND IT WAS SECONDED, TO ALLOW 1'111: CITY TO DERND AGAINST TIO CLA1Ms ftu:D av 1'111: HORTONS IN 1'111: RDERAL AND STATE COIJlt'l'S, INCUJDING 'l'IIE DERNSE AND 'l'IIE BOLDING HARMLESS OF THE CITY EMPLona LISTED IN 1'IDDl oma.u. AND INDIVIDUAL CAPACfl1ES. Motion curied. Aya; Couaci.l Members Hathaway, Vonnit1ag, Wiggins, Habenicht, Waaoacr.Clapp Nays : None Allaeat : Mayor Bums 15. ~ ~-WAYIIOYuro"8JOllaN. n.--•"'3p.m . . . t[(/4· City •. .. I· ·---------;---· • .. • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL OCTOBER 7, 1996 7:30P.M. 1. Calltoorder. f/;30~ 2. Invocation. /,1)~ . 3. Pledge of Allegiance. ~ 4. RollCall. /,~) /~SILJ:JJf.) 5. Minutes. a. Minutes from the Regul• City Council Meeting of September 16, 1996 and the ~/,-{)-/ ~"~ml~~~ (Jff'f,-0-1 ~ ~~{ . ) 6. Scheduled Vi ors. (PINN your . to.., fMIUIN.) • •• b. c. Effa Mae Mak•, Executive Dnc:tor of C........ Knolla Parb and Recreation District, • hale auttle*s ..._,11i1n Ill 11i1Sn af ,_ ... P la• ........ lleblel wil be ...... to award Austin Golw and Stew Neyer, Chair and Vice Chair of Englewood's Parb and llacrNlion Commiuion, • citation from the Colorado Parb and llecrNliol. Aseaciation for their outstanding contributions to the •li'ichinent of the communily's rac:rutional quality of life. -~ the Englewood Clean, GNen, and Proud Cammisslan will present an OVW'View of the Conr-"11fm's acc:ompli.timellta and request financial consideration for future •udeaYors. •! I •ian Buzby, Policy Director for Citizens to Save Colorado's Public Trust Lands, will be present to eddresa Council ,....-. the Public Trust Lands Campaign. 7. Non-Scheduled Visitors. (PINN limit your prnentation to five minutes.I a. ~l(i'/ 8/:,e.JJA~O I Ml!MUI!_ Ml,'/NIIP£A?... ~J/6/lt!"11l)IJA,L CJ/tl.(U/ .-: If,-._.. C tn,_. ... ...., .............. ..., .. Cllrefl tf 1fOlll-al ........ .._.., ................... ,... .. • Cityc-ilAlellda 0ctmer 7, 1"6 ,.2 8. Communications, Proclamations, and Appointments. a. t1/#~~-J ~~-!)-! b. Proclam~~e;~;~~A the wHk of October 6-12, 1996 as Fire Prevention Week.,,~~ Proclam~ ~~~~-the month of October, 1996 as Crime Prewantion Month.,. ~"1/ Proclamation declaris.:month of ober, 1996 as lrNat Cancer Aw-Month. Proclamation declaring October 9, 996 as Natural Diuatar Aw••-Day.~ Proclamation declaring the J',~ '!!_ October 20 through 26, 1996 as Nadanal ......_.Womm'aWeek. ~' Letter from John Fernstrum, Ill indicati Clean, GrHn, and Proud Commission. Letter from Don Ful and Sewer Board. 9. Public Hearing. (None scheduled) ff 10. Consent Agenda. om the Englewood Water /JbnJ ~-~-/ a;.J,,b~~°:"A!tst,,'19!/1'7~~ //)~ tl/.11) -rr . ~-r-ai:~"'~~~of~Senriceatoadopta • /I It. LJ. , /1.J bill for an ordinance amending the Nction of the Englew,ood Municipal L [,)tr .,, Code pertaining to Gerwal Uc:enaing provisions, and ranoving this section from the licensing moratorium. ITAFF IOUIICE: .... Gl,glewla, ..... of,._ ......... ii. Recommendation from the Department of Financial Services to adopt a bill for an ordinance ame11di11g the Nction of the Englewood Municipal Code pertaining to Amusement licensing, and ranoving this Nction from the licensing moratorium. ITAFF IOUIICE: .... GI "'9wla, Dnctor of ............. iii. Recommendation from the Department of Financial Services to adopt a bill for an ordinance amending the Nction of the Englewood Municipal Code pertaining to Food Dealer licensing, and removing this section from the lic:enaing moratorium. ITAFF IOUIICE: Frft Gl"'9wla, Dhclor of Flnmlalal ...... ..... .... ff,-._. • ._..,_. ... ....., ............. ....., .. Cllyell W, 1a•(1U..MN>11 ............ .._. ....................... .... .. I· • • • • City Council Aletm Octaber 7, 1"6 .,.3 iv. v. Recommendation from the Department of Financial Services to adopt • bill for en ordinance emending the section of the Englewood Municipal Code pertaining to Arborist licensing, end removing this section from the licensing moratorium. STAFF SOURCE: Frri Gtyglewicz, Director of Financial ServlcN. Recommendation from the Department of Safety Services to adopt • bill for en ordinance approving • contract with the Colorado Department of Transportation for Lew Enforcement Assistance Fund CLEAFI grant funding. STAFF SOURCE: lclb ...... lafaty lervicN Dlvlalarl Chief. b. Approve on Second Reeding. IY 11 . Ordinances. Resolutions, and Motions. a. Approve on First Reading. Recommendation from the Englewood Housing Authority to adopt a bill for en ordinance approving the sale of six Project BUILD propert~· STAFF SOURCE: ...... 11111"'1111. ••• 111N INIWD al BIA. ~~y NE€;r/..l/L ii. Recommendation from the Englewood Housing Authority to adopt • () · J-/Jr; resolution approving application for Community Dev9lapmet,t Block Grant KJ,Je /JAal /. . I !J'ndi!'Q. ITAFF IOUIICU:,... ............. Id.US .......... . _TT~ ll'-z?~ GtltNMtt, ....... FlnMoe lp1 IE 1. ~ t)I n, ~·, _ iii. Recommendation from the Department of Public Works award, by motion, 1 /ltfffM'lf. -• contract for Senta Fe land9caping. Staff f9CClll'lfflellda awarding the bid IJntJi ft-O -/ to the low bidder, Lendtech Land8caplng, Inc., in the amount of v'f't 14!Llll.9i' ITAFF IOUIICE: a.a......,, ...... ef Plllllc Wotb~~.11u, f~f';IJl.5. -, ---"'t) iv. Recommendation from the Office of Neighborhood and ....,... (! 81J.6'!> -f1BJJ ~ -()-/Development to adopt • bill for en ordinence ,.,,... deeign guidelines for ,, large retail businNses in Englewood. ITAIF IOUIICE: .... -. , 1111, t;-~.,; ~':':::~~~~¥~&,;._ .. a~J 0 ~ v:-~~~theOfficeof~and....,... {!,,,:,,,-~ t/-~ -/ Development to adopt• bill for en ordinence revieing child care zoning (N ys :w~e,~ ,IU~)ssues. ITAFFIOUIICE;~•eaaas&*tl II. l -U~ fJf141J,""dtuc.) ~~t~~t/Va?~t#srJ) ?' l)f setting • date for • recall election. ITAFF IOUIICII: Ftau* ~ . ~-s.: r-, DINctar,,, ,.. ............. Lou ......... Clly Clelll • ~-,;: N*''1l'liilt'/) b. Approff Second Reading. diJurJ.J~-1/-/ ~-~e. 7Aiii:itWMS w. 1!I"" -/-..... .... N,_._. • ...__, .... ...., .... ..._, ............... .._.., ........................ ,... • • . I _.----------·· City CGundl Aallllla Octaber 7, 1"6 hle4 12. General Discuuion. a. Mayor's Choice. . . b. Council Members' Choice. 13. City Manags's Report. • • tUJnJ /. ; • Recommendation to go into Executive s..ion ifNMdiat9ly ~ y.. . 7 r' f/1-()-· regular City Council meeting to diSCUS,pending real estate matt ... {)~ ,t'{titft O 14. City Attorney's Report. a. Motion to defend against the claims filed by the Hortons in the Federal and IJrJLJJ /_..JI / State ~.t_includlng the defenN and the holding lwmlNs of the City 7 ,rv 1rv-employees Vl+IM"~~a: and individual~-~ ~j~ The following minutN were tranernitted to City Council between 09/13/98 • 10/03/98; • Englewood Housing Authority ......... of July 31, and August 28, 1198 • Englewood Public library Board meeting of August 13, 1 IH • Englewood Liquor Licensing Authority fflNting of September 4, 1198 1 ........... ,.. ..... ......, ...... ...., ..... ........................... _ ...... • ' ' " .. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL OCTOBER 7, 1998 7:30P.M. 1. Call to order. fJ 3 Of'k/ 2. Invocation. IA/~ . 3. Pledge of Allegiance. ~ 4. Roll Call. /, ~} / IJJou,J-{&tLJJ&) 5. Minutes. a. Minutes from the Regular City Council Meeting of September 18, 1998 and the /,-O-/ §·a1c~m1M·l'!Qof ~23~~~ r,-0-1 ~ Os~ { · J 8. Scheduled Vi ors. (Please I your ation to ten minutes.) a. b. c. Effa MN Marker, Executive Director of Columbine Knolls Parka and Recreation District, •1111 Back a..i.1111 AeetNliec. 8(111111111 ef Faalt:ille llal a • ftec1cclioc: Bisliiet will be preacnt to award Au9tln Goma and Steve Neyer, Chair and Vice Chair of Englewood's Parka and Rccrution Commiaion, a citation from the Colorado Parka and RacrNlion Aaociallon for their outstanding contributions to the enrichmant of the community's rccrNtional quality of life. IJW,~ of the Englewood Clean, Green, and Proud Commiaion will present an overview of the Corm:tuion's acc:ompli..t.n:Mts and r9QU8St financial consideration for future .-.vars. ·! • Brian Buzby. Policy Director for Citizens to Save Colorado's Public Trust Lands, will be present to addren Council regarding the Public Truat Landa Campaign. 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutN.) tt. ~l~i'Y U,e.JIAR.O I M~,u._ Ml,Y1'./Jlll£K-~N6/tt!6,l,/1()~ CJI/J,U/1 .._ .... If,.. ...... ....., wl ..... ...., ............ ..., .. Cllr.,, .. ••O'DMII»• ............ ..__., ...................... ,... • • . .. • -------------;----· ' Oty Cauncil .. Odaber 7, 1996 hp2 ·, • • 8. Communications, Proclamations, and Appointments. 4/#~-()-1 a . a;µ. y-()-1 b. Of;i//-~-1 c. a;;, ~~-/d. I.I#~-()-/ e . ProclamAt'~8!~!~ the week of October 8-12, 1996 as Fire PNverdion WNk.,,~'11 Proclam&~~~~ the month of October, 1998 a Crtme Prwandan Month.,. ~«r/ Proclamation decl~the month of , 1998 a._. Cancer Aw••wwwMonlh. Proclamation declaring October 9, 998 a.....,......._ Am ... Day.~ Proclamation declaring the~ !' October 20 through 28, 1998 a National ..._.Waman'aW .... ~ UJJpt1,~ I.J#t"!I ~g. ( /~ r.,..:~-1 Letter from John Fsnatrum, Ill in" di"icat~ Clean, Green, and Proud Commi11ion. Letter from Don F~rg his f'Nignation om the Englewood Water and Sewer Board. I) e 9. Public Hearing. (None scheduled) ~ 10. Consent Agenda. tJff1I /,-b-1 a~'tJ'::,~0'JtiJ:!rn>"JAMuu //)~ tl/.11) · ~~~~~~-of~ s.vic:Ntoadopta II It Ji. , /IJ bill for an ordinance-•• the NCtion of the Englewood Municipal L [.)1r •n Code pertaining to 0.-. Ucanalng provisions, and removing this MCtion from the licelllilig marllarium. ITAfF IOUIICE: Frank ................................ ii . t/,11-51) OJI Racomrnendation from the Dlpa.111.ent of Financial Services to adopt a bil for an ordinance -•• the Wliorl of the Englewood Municipal Code pertaining to ArnuNment ....... and ranoving this NCtion from the licensing moratoiium. ITAPP IOUIICI: ,_. GI , ... wlcz, Dia-of Fll•NllallenltDSI. e~, • iii. Recommendation from the Depar;n.ent of Financial Services to adopt a bill for an ordinance amendilig the Wliorl of the Englewood Municipal Code pertaining to Food Deller llcallil19, Ind rwnoving this MCtion from the lic:enaing moratorium. ITAPP IOUIICI: ,_. Gly ... wlcz •...... of P'll•IClal .. 4ta11 • • ---------------i• • • Qty Council Apnda October 7, 1996 Paae3 iv. v. Recommendation from the Department of Financial Services to adopt a bill for an ordinance amending the section of the Englewood Municipal Code pertaining to Arborist licensing, and removing this section from the licensing moratorium. STAFF SOURCE: Frank Gryglewicz, Dnctor of Financial hrvlca. Recommendation from the Department of Safety Services to adopt a bill for an ordinance approving a contract with the Colorado Department of Transportation for Law Enforcement Assistance Fund ILEAFJ grant funding. STAFF SOURCE: lob Moen, Safety .. .._ Dlvielml Chief. b. Approve on Second Reading. ff 11 . Ordinances, Resolutions. and Motions. a. Approve on First Reading. (!_g)h/·! ~ ~_;;·-/ Recommendation from the Englewood Housing Authority to adopt a bill for an ordinance approving the sale of six Project BUILD propert~·e STAFF SOURCE: ....... ~1111; ... cdw BIia.CG of a..-. ~OYAIE~rllfiL_ ii. /J.mJ-11 Off' /ri)-1 Recommendation from the Englewood Housing Authority to adopt a resolution approving application for Community Development Block Grant funding . STAFF IOUIICES: ,_. 1111111• 1111. la11adcc B1r1111r ef !IIA, ...,_ G,;mnwtt, Houlil'II Flnw:e Specidat. ~ /11,fl/,d -iii. ~/,-0-1 Recommendation from the Department of Public Works award, by motion, a contract for Santa Fa landscaping. Staff recommends awarding the bid to the low bidder, Landtach Landscaping, Inc., in the amount of 14!1&99.'f STAFF SOURCE: Chaltee Eawty, Dnc1or of Pulllc: Wods~.1114, ~~,.,,;.s. -. ---"1:J iv. Recommendation from the Office of Neighborhood and BusinNa {! 8.f./55 -fJB)_j ~ -()-/Development to adopt • bill for an ordinance revising daign guidelines for T, large retail businasw in Englewood. STAFF IOUIICE: llabart llmpeon. -/ Manager of Nil ............ and •••n,:,}!•~~ ~ od. ~l,-0 v.~~t1'~/~~~ -&,;uJ~_.' r!c,,r_~ -1/Jpi t/-~ -/ ~evelopment to adopt• bill for an ordinance revising child care zoning I l OJ ys · WK:,t-,fl(VJ~)ssues . STAFF IOUIICE; ~·· ........ , 111 ... toc.c)~ t1filt ~;J,~u.J ~~m-=tY~t/tlV.-~~t,...91) . t 7R setting a data for• recall election. STAFF SOURCES: Frank~ f-1 Director of Financial S.wtcea, and Loucrtahla Ella, City a.ti. 1J: 11*'!1/'•ltY) b. Approff Second Auding. JJJufjJ ,J.-1/-/ 1T ~ ~- (li5:j~ ~ ..... -/- • ........ H,-..,.a...a.lllyadllllll-.,.W.• ...... ................................. n..11,-. I. , City Council Aaenct. October 7, 1996 Pap4 1 2. General Discussion. a. Mayor's Choice. • • . . b. Council Members• Choice. 13. City Manager's Report. l'1SM:1' '--/1_1a. Recommendation to go into Executive Session immediately follow;~ }he . -rr"" -"'Cltveou ... _ .. ........, ___ '"_-v~ r'"1.tt 0 14. City Attorney's Aes,ort. a. Motion to defend against the claims filed by the Hortons in the Federal and l1IJLJj /_ / State Cou~including the defense and the holding harmless of the City I,..,,,-()-._ ,.., ___ ;-....,·-~~,,.,_ ~IS/"~Y-{!,/)ta.r . -~ Adjo~3~ The following minutes were transmitted to City Council between 09/13/96 -10/03/96: • Englew00c1 Housing Authority meetings of July 31, and August 28, 1996 • Englew00c1 Public Library Board meeting of August 13, 1996 • Englew00c1 Uquor Licensing Authority meeting of September 4, 1996 --·-..... -. .. __ ... ____ .. a,..,,_,,. ... ...._ .. .................. ., .................... n..,-. • •, • • '· ENGLEWOOD CITY COUNcn. ENGLEWOOD, ARAPAHOE COUNTY, COLOJlADO ....... 5-- I. Call • O'*r Tbe regular meeting oftbe Eaglewood City Council WIICIIJed foonlerby Ma)WBuraaar 7:32 p.m. 2. .. TIie Pled,e of AIJeaiance -led by Mayor Bwns. 4 . ...Call Praent: COUIICiI Mealiess tfadiaway, Capp, Wiaim. Habenicht. V01111iaac, w.,.._.., Bwns Abeeot: Naae AflllllltlmWllpraent , ...... 6. Set C h • V11i11n I. , • • • Eaglcwoocl City Council Sc9te1Dbe1 16, 1996 Pagel (, • • • • (a) A pmc:lameCion decllriaa die midi afOctaber, 1996 • Knipas of Columbus Mentally Hanclic:apped Driw 1111111111 w cwidered. COUNCD. MDDU BATBAWAY MOVED. AND ff WAS DCONDU, TO l'llOCIAIM TID MON'IB o• ocro•• ·-AS DIGIITS o• COLUMaUS MENTALLY BANDICAl'nD DIUVE MON'IB IN TID CffY O• DGL&WOOD. Ayes: Coacil ........ lfllllaway. Voraiaag. Wi,aim. Hallaiclll, w..-,.0app.a.r. Nays: Naac 'l1le IIIIICion Cllried. (b) COUNCIL IIIDDD BATBAWAY MOYD. AND ff WAS SECONDD, TO ACCEPT WITH aaarr A unu JIIOlll ll'LIS SC01T INDICATING m ll&SIGNATION l'llOII nm DGL&WOOD Cl.LUI, GaDN AND l'llOUD COIOIISSION. Ayes: Coacil ........ lfllllaway. V--., Wigial. Hallaiclll, w.,...,0app.eur. Nays : Naac 'l1le IIIIICion c:uried. COIIIICil Member lfllllaway oae 1: ~ 11111 dlil imparioe will leaw die Clea. 0-ud Pnlud CommilPOD swo people mt ud..,.... a quiet iamew _. so flll dlCle ud OSbcr v.aat pcllit.-. (c) COUNCD.IIDIBllBATBAWAY IIOVD,AND ffWASS&CONDU, TO ACCD'TWITB aaarr A UTnll noM llOGU SHOOP INDICATING BIS ll&SIGNATION l'llOII nm DGLEWOOD ft.ANNING AND ZONING COMMISSION. Ayes: Coacil ........ llldiaway, Vonaiaa& Wigial, Hallaiclll, w.a-,. Capp. ... Nays: Noae 11le IIIIICion Cllried. (d) COUNCIL IIDIBll BATBAWAY IIOVD, AND ff WAS S&COlaD. TO ACCD'TWITB aa;arr A UTnll JIIOlll .llll&Y alCIIIIOND INMCATING- USIGNATION ntOII nm ENGUW009 IJWN IIDISWAL Au IIIOiiffY. A,a: CoacilMlllllln.......,, v..,,.., W...,1111 ... w.....-.0app.a... Nays: Noae 11le maliclll Cllried. 9 ............ (a) COUNCD. IIIUD&a BATBAWAY IIOVD, AND rr WAS DCONDU, TO OPEN A PuaLIC DAmNG TO GATIDa PVaLIC INl'IJT ON nm fllOPOIIED 1"7 auDGn ,oa nm CffY o, DGLEWOOD. A,a: Coacil ........ ffldiaway. VoraiSSal, w--. H1111M-111Ca1.. w.....-.0app.a... Nays : Noae ne ..... carried_.,.. ,-lic 1-ill ... .. I· • • Englewood City Council September 16, 1996 Pqe3 All talimooy WIS pen under aadL Dlnc:tar Gl)'llewicz. Depm1melll afPIDw:ill Semcea. pnwided Proalaf Public:adon c:atifying tbal notice af tbe public i.riq WII pablilbed in tbe Eqlewood Herald OIi September 5, 1996. He 1111111d that tbe pmpaa aftbe public i.riq ii to pdaer public input oa tbe 1997 Budpt for tbe City afEqlcwaod. He IIIYiad tllll Coucil W11 pen tbe Budpt Oil Auplt 29, 1996, per tbe Cbancr, and a nlb'eal with Council and all ii IClleduled filr tbe 21* af 5ew*11 .. ,er. Mr. Glyslnicz aid tbe rell'clt WII IO ICbeduled in Older to NCeiw prior public input and .... .-ry c:hallFI. dial lime. Ma,ar a.. llbd iftbere WII ...,._ preall wllo wwld lilie ID ...... Council iepnlills Budpt ileaa. ,._. WII _, oae. COUNCIL JIIDla&lt WAGGOND IIIOVD. AND ITWAS SECONDED. TO CLOD 11m PUaLIC IIUmNG. Ayes: c-:il ...._. llldlaway, VCllllliaag. Wigim. Habeaicb1. w.....-.Cllpp.a... Nays: Naae 1'1le molioa carried and tbe public bearing c:lmcd. 10. C...qeada COUNCO. MDDI.Jl BATBAWAY MOVED. AND IT WAS SIECONDIED. TO APPROVE CONSENT AGIENDA ITIEMS 11 (a) (I) AND (II) ON l'IIIST HADING. (a) AppnM CJD Pint Radilla (i) A CONS'l1lUC'l10N CONl'RACT W1111 JORDY AND COMPANY IN 11E AMOUNT OF 176.915 POil CITY HALL RES'l1tOOM RENOVATION . (ii) RESOUmON NO. 75, SERIES OF 1996 A RESOU1J10N AMENDINO 11IE APPROVED 1996 BUDGET AND APPROPRIATING MONIES POR 11E CITY OF BNOLEWOOD, COi Oil@<>. c-:il ....._. llldlaway, Vonaialrc, WigiM. Habaliclll, w._...,0app..._ Naae COUNCD. JIIDla&lt BATBAWAY MOVED. AND ITWAS SECONDED. TO APnOW CONSENT AGUDA ITIEMS 11 (II) (I). (I), (Ill). AND (1¥). (b) AppnM -Secaad Readiaa (i) ORDINANCE NO. 40, SERIES OF 1996 (COUNCIL BILL NO. 33 , INl1tODUCED BY COUNCIL MEMBER HAnlAWA Y) • I. , - • • • Englewood City Council Seplembcr 16, 1996 Pagc4 0 - AN ORDINANCE APPROVING Tiffi WHOLE COST OF Tiffi IMPROVEMENTS MADE WITIDN PA VINO DIS11UCT NO. 35 (NAVAJO) IN Tiffi CITY OF ENGLEWOOD, COLORADO; APPROVING AND CONFIRMING Tiffi APPORTIONMENT OF Tiffi COST TO EACH LOT OR TRACT OF LAND IN SAID DIS11UCT; ASSESSING A SHARE OF Tiffi COST AGAINST EACH LOT OR TRACT OF LAND; AND PRESCRIBING Tiffi MANNER FOR Tiffi COLLECTION AND PAYMENT OF Tiffi ASSESSMENl'S . (ii) ORDINANCE NO . 41. SERIES OF 1996 (COUNCil. Bil.L NO ."· nmtODUCED BY COUNCil. MEMBER HATIIAWA Y) AN ORDINANCE AMENDING Tl11..E 8, CHAP1ERS 2A AND 2E. OF Tiffi ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO LIFE-SAFETY REQUIREMENTS FOR EXISTING IDGH-RJSE BUllDINGS. (iii) ORDINANCE NO. 42, SERIES OF 1996 (COUNCil. Bil.L NO . 45 , INTRODUCED BY COUNCil. MEMBER HA TIIA WAY) AN ORDINANCE AU11iORIZING AN INTERGOVERNMENTAL MEMORANDUM OF AGREEMENT BETWEEN Tiffi STA TE OF COLORADO DEPARTMENT OF TRANSPORTATION AND TIIB CITY OF ENGLEWOOD, COLORADO FOR Tiffi TRANSFER OF LAND FOR Tiffi SOtnli WINDERMERE STREET IMPROVEMENTS . (iv) ORDINANCE NO. 43, SERIES OF 1996 (COUNCil. Bil.L NO . 46, INTRODUCED BY COUNCil. MEMBER HA TIIA WAY) AN ORDINANCE AU1110R1ZING AN INTERGOVERNMENTAL CONTRACT BETWEEN Tiffi STATE OF COLORADO DEPARTMENT OF TRANSPORTATION (COOT) AND mE CITY OF ENGLEWOOD. COLORADO PERTAINING TO REPLACING WATER MAINS IN WITHIN mE LIMITS OF 11iE PROJECT KNOWN TO COOT AS MBELLEVIEW NORTif'. Ayes : Nays : COUDCil Members Hadla,ny, Vonninq, Wigins. Habenicht, Wagoner. Clapp. Bums None The motion carried. II . O...__,I ldNlaMM..._ (a) Appnl\'C OIi Fint Reading (i) City Manqer Clartl asked Council to Clllllider I resolution audloriz:ing ID amcndmcnt 10 the boundaria of the Anpabne Councy Emerprilc 1.oiit. He said the prC1C111 zoac pretty much suaddlcs Sanla Fe Drive lluoup En&Jewood, Sheridu IDd Littleton . He rmrred to the updlled deveJopmcnl plan for tllll EIIIClprie 1.oiit wbidl -iaduded ia Council 's packet. sayiq we -.Id like 10 expand it 10 include the Ciaderdla City site IDd the Bnlldway corridor. R.clariq 10 the IOCIOlld pa,c of the lllff mcmonndwn. Mr. Clark said basically u entcrprile 11011C delipalion brinp with it invallllCDI laX crcdill. -busi-facility laX crcdill. bakb i-,uce laX credits. laX credits for contribuuou IO child Clft. Clducalioa IDd uainia& laX crcdill lDd clip,ility for I varicly of Small B~ Adminillrllioa (SBA) propan. He offered IO 1111wer ~ ha Council. sayilla dial we -.Id like IO move forward Willi this ud IUbmil it to the SClle for flllal appn,val . •. ' , 0 ., I . -----------~-------------=-------:-:1 ., • Englewood City Council Seplembcr 16, 1996 Pages 0 • • COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -RESOLUTION NO. 76, SERIES OF 1996. RESOLUTION NO. 76, SERIES OF 1996 A RESOLUTION APPROVING 1lfE ARAPAHOE COUNrY ENmRPRISE ZONE UPDATED DEVELOPMENT PLAN . Mayor Bums c:ommallCld tbal the new .-facililics tax CRdit aiuld be a significant item if it is available for Cinderdla City and med if it -.Id. indeed. be available for the Cinderella City Rcdcwlopmenl. City Manqel' Clark rapoaded tba1 it is bis undcnlanding tbal all of tbe1e would be available and an: rdaled to the Stale income tax. Mayor Bums med if there is a limit on that. opining that it is 2S% of the mvestmcnl Mr. Clark Slid be is unmn: bow tbal worts but will find out and present it back to Council. Mayor Bums asked if this forms a plan for redcYdopmcnt with regard to South Broadway. City Manager Clark responded affirmaliwly. City Manqel' Clark verified bis c:oaunenu rcprding the new business facility tax credit with BusillCSS Community Coordinalor Scibelli. Mr. Scibdli swcd, also, tbal all of the tax CRdits mentioned relate to the Stale of Colorado inc:omc tax obliptioas and an: tax credits that qualifying businesses in the Enterprise z.oae arc eligible for. Mayor Burns asked aboul the tax CRdit available on is,... of cxpenditwes to renovate vacant buildings. Mr. Scibelli said that would also apply toward a Stale of Colorado income tax obligation lhat a busi11CSS might haw. Council Member Habcaic:bl said that several mootbs ago the Transportation Committee of Englewood Focusing on T-.ow, orpclllibly the EcoMmic Del.dlJl'fflC ... Committee. met with Senator Blickcnlderfer and --1 ocber people 10 talk about the poaibility of expanding the Ealerprilc z.oae into the Cinderella City "*'11dlJl'•D1 area. At that ti-. lbe llaled. there seemed to be a .-,al aJ111e111US from lhat group that this would not be advisable or plausible or even applicable . She asked wllll Im cbanpd. Mr. Scibelli cleacribed. in .-,al. ID CMMCW of the plan to put it inlO I better COnlCXl to respond to her question. The an:a ~ • the A,apaboe County Ealerprilc 1.oae. be advilal -illCIOl'pClf8led for the cities of Englc-.ood and Sbcridu bldt in ~ of 1990. and a year lalcr portiom of Litdeton were included in the Ealerprilc Z-. The City of Englc-.ood Im llelved • the adminillntor for this an:a . The 1.1C111C allowl for a variely of Sllle income tax credits for qualifying ... r 1111 and. be said. the purpoae for bis being before COUIICil IOllipa ii becaue -walll to retain the zone for Englewood. Sheridan and Linlctoa since the tax caedits arc i...,nant for hlli---and • an expansion tool. The City of Englewood in panicular ii CWTClldy utilizing thole in our indumial and manufacturing hue • a Sb'OIII RfCDlm tool and a IOOI IO allow the cxparllioa ud cralion of additioaal pri-,y jobs within the City. Mr. Scibelll adviaml tllll-ofthe individual tax CRdill include a 3% ilMlllmnl tax credit for ilMlllllelll in oc,iaipmerM of all kinds. 6-Olllllll'*II IO heavy equipmcnl. Allo. there ii a tax credit for the rcbabililalion of vacam bllildinp. a S,00 eaplDyoe tax credit for bath new ud cxpandin1 bllliw facilities. a $200 per~ credit IO~ wllo provide qualified bcalth iauance covera,e to their cmployeea. and. also, I new and excitiq tax c:nldit for cxpeaditu,a rclaled IO jab trairlina -This applies allo IO ICbool to wort or ICbool to career .,......_ wllidl will be praaJled widlia the crrtirc Arapahoe Caunly Enterpriae Z-. Mr. Scibclli pnilld die .,......_ aying they 1R cxcdlent -------------------------,.,------------------------------- 1-- • • • Englewood City Council September 16. 1996 Pagc6 0 -I • opportunities for expanding the skills of the work force . Senate Bill 96-193. just this last April . required each of the Sta1e's sixteen enterprise zones to submit the development plan. Mr. Scibelli said he believes om development plan meets the bill's fom basic: objectives. He said they were asked to describe the extent to wbic:h the tax credits were being used over the last six years. Also, they were asked to provide an opportunity for enterprise zone expansion requests . The City of Englewood, he stated, bu, via this plan, requested tha1 Cinderella City and the South Broadway corridor be inc:hided in an expanded Arapahoe County Enterprise .zone. The City of Sbericlan. he added. requested an expanded sec:tion of Federal Boulevard be inc:luded in the plan. 1be plan also establishes goals for the future dfec:tiveness of the zone and it spec:ific:ally asks us to review bow two distress factors relalal to the seven census tracts within the mne . The two distress criteria included the per capita income of less than S 11.116 and the unemployment ra1e be grea1er than 7 .1,e;. relaled to the 1990 census data. Reviewing the fom objectives. Mr. Scibelli said that. of the eleven census tracts. there are seven that qualify and meet the per capira income and the unemployment criteria. He said he believes we have made a good argument in this plan to include all of the census tracts as eligible for continuation in the zone by vinue of the fac:t that economic development does not occ:ur in a checkerboard fashion. He feels the thrust of the argument to retain all census tracts within the zone is the unified approach to job retention and the expansion of businesses and the c:reation and retention of primary jobs within the zone as a whole . Mr. Scibelli addressed the three goals that we are required to CSlablish to measure the future efJec:tiveness of the zone. First. the aggregate job expansion for the enterprise zone. which inc:ludcs 25 new jobs a year for the next four years. Second. annual growth in new investment and equipment is to exceed 10"/o over the previous year's tow. annually, for each of the four consecutive years. He said this is an extremely important measure of annual growth and vitality within our community and Mr. Scibelli believes that by expanded use of the enterprise zone we will be able to see, not only the expansion of the new investment in equipment in manufac:turing opentions. but also the expanded growth of our industrial base and the expansion of pril'IIIJY jobs. wbic:h is really wbal the enterprise zone benefit is all about. Finally. the annual growth in sales revenue is to exceed 5% over the previous year's revenues for each of four years . Mr. Scibelli reiteraled tha1 we are looking II the inc:lusion of the South Broadway corridor. wbic:h is a retail corridor, and the inc:lusion o(CinderdJa City. wberdly the measwemcnt of inc:reased growth sales. lax revenues. c:an be achieved. 1be expanded 111C by the retail community of the enterprise zone benefits c:an help us realize that benefit. he said. Mr. Scibelli addressed Council Member Habenic:ht 's original question with regard to what has changed to make this feasible now . He said approximalcly two years ago an applic:ation for inclusion of Cinderella City was submitted to the Department of Local Affairs. At tbll time. the request was for the second floor of Cinderella City. wbic:h was dominated by offac:c: usage . The argument was that it was not retail and inclusion would serve to expand the economy . He said it is bis understanding that the application did not get to the formal review process with the Stale and it wu recommended that the timing was wrong for tbll kind of an applic:ation . The approach today, he advised. is different because the Stale has invited us to include those areas which we believe would be helpful in expanding the local economy . Also. there are several tax c:redits that are espcc:ially beneficial to retail CSlablishments. He mentioned the $500 tax credit for new job c:reat.ion. for wbic:h a retail establishment is eligible, and other benefits ~iously mentioned by City Manager Clark . Mr. ScibeUi explained that we have included both Cinderella City and the South Broadway corridor from downtown IO the Littlelon border becaUle the opponuaity wu presemed to us, and because we believe it can be another vallllble economic: tool for Englewood. City Manqcr Clark asked Council Member Habcnic:ht what the time frame -oa the EFOT action . She responded tbll it wu around March. 1996 . Mr. Clart said there wu quite a bit o( legisl#ioa going on 11 that time and he docs not recall receivilla aay infonaaaioa oa this in paniadu. He said there were - I • 0 • Englewood City Council September 16. 1996 Page 7 '· 0 I• • people in the legislature who bad wanted to do away with enterprise zones all together, and there was a general sense tbal municipalities should go into a holding pal1em on enterprise zones until they saw what kind of legislation came out of it He wondered if the recommendation she spoke of was related to that Council Member Habcnicbt asked if inclusion of the South Broadway corridor, and the CindcRIJa City site in the cntcrprisc mnc dnelopmeot plan for the county, preclude mixed-use housing dcYelopment in either area. or make that cliffiadt Mr. Scibclli responded tbal it really does not He explained that it is a bcocfit, or cnbaocerncot. to the business community, existing or propoled, and that it really is neutral with regard to fulurc residenlial propenics. Council Member Habenic:bt said she thinks she originally brought the idea of enterprise zones to Eoglcwood ycan qo, • she is very supportive. She also asked if temporary employment services in the Broadway corridor will have ID c:1Jcct OD the employment related bcocfits. Mr. Scibclli responded that he docs not believe the employment figures will be effected. The disuess factor. he said, is related to uncmploymeol and that does not relate directly to temporary employment. Also. per capita income is usually OD an annual basis. He does not feel that temporary employment really getS capcured in the two broad distress criteria. Council Member Habcnicbt said the City Council and the City of Englewood have taken a lot of heat for dragging their feet OD Ciodcrclla City negotiations and agreements. She asked if this is not advantageous and fawrablc to the private IICCIOr to go with an enterprise 1.0DC, since Cinderella City bas gone dark. Mr. Scibelli agreed. adding that it is one more enhancement for the future development of Cindcella City that will allow additional tax CRdits as pan of the development that will occur there . Council Member Habcnicbt asked if inclusion of this will preclude a developer from doing mixed use housing. Mr. Scibelli said it will not have any effect and hopes that it will be an incentive for the development of the area. including mixed use housing. Council Member Clapp said that the map docs not show Broadway going all the way to the Littleton boundaries. She asked if that is "'""'biog tbal we have pr.-tbal hasn't been included yet. Mr. Scibclli said that is comet. CUll"Clllly the cntcrprisc mnc only includes the downtown area to Yale Avenue . The area to which she is referring is not cunently illdudcd in the enterprise zone . Council Member Halbaway fell since CCIIIUI tnlCl ~7 includes Cioderclla City and the General Iron Works site. it would be an iwerall iocealivc for u,oac lookiq • •ti-family bousing or rerail dcvdopmcnt, bccausc it gives ample opponuoity for any kind ol development . Mr . Scibclli agreed that the distress criteria speaks particularly well in that area . Mayor BUIIII said he gets the impression tbal enterprise zones have not been Ulcd very much in the p111 and Ibis is an aacmpt to try to ac:cdcratc tbal uac . He asked bow the public will be made aware tbal these bcocfits are available . He said there is currently a lot ol illlCrell in localing in Englewood and this seems like a golden opportunity to uac this tool to help these bulincues . Mr. Scibclli said there are ICVeral specific vcbiclcs for piling the wont out. The Busincss Development NcMleaer will be coming OUl every two moatbs and will falure illformaaioo on the tax credits and relaled changing lqillation. 111c ~ bas a maifula till ol -twen1y.fivc buodral. be said, and includes all indullrial and rerail addrcucs in Englewood. Cumndy, 1 IIIIUlufacnarer 's round table is bein1 formed and that will be .-a • 1 vebiclc for comn••lcaeioa . 111c Chamber ol Commerce bas been prvvidcd with I dnft ol I bfochurc that spells OUl the existing tax CRdits and thole tbal will be fued in M • resu.11 orse 96-t9J . •. .. I • 0 • Englewood City Council September 16. 1996 Page 8 0 • Mayor Bums asked about the South Suburban Board of Realtors. Mr. Scibelli said that would be an excellent vehicle, one which they bad not considered. Council Member Waggoner asked if the whole census tract is in the enterprise :zone. or just a portion of it. Mr. ScibeUi responded that be is comet. Cinderella City does DOI fil neatly into one ca11U1 tnlCl, nor does the South Broadway corridor. Mr. Wagoner clarified tbal. although this talks about ca11U1 tracts. not all al the property in lhal callUI tnct is in the enrerprie mne. Mr. Scibelli c:oncumd. Mr . Waggoner asked what eft'ect putting the South Broadway expllllion area in an enraprilc zone will bave on the residential properties on the other side al the alley alf al Broadway. Mr. Scibelli said be bdieYes there is cleuly an orientation in the revitaliDlion in a aJIIIIIIClcial area to its adjacent residenlial pn,pertiea. By providing the additional tax credits to small RUilers along lhal corridor. we hope lhal it will enhance the business, perhaps 1e1W a1 an incen1M to renov11e -al the vacant baildinp that an: there. Mr. Waggoner aked if)'OU cu change iaidcntial to business became it is in an CDlaprile zone. Mr. Scibelli said no , you could not. ii would take a zone change. Mr. Waggoner clarified lhal an enterprise zone designation, theraore, does DOI bave an effect on residential properties. Mr. Scibelli agreed that ii does not. without a zone cbange. Council Member Habenicht asked if it effects in any way lhe ease or difficulty of gelling a :zone change . Mr. Scibelli said ii does not. became ii is a land use issue thal rally isn 'I relaled to tax credits. She asked if raidcnlial property ownen who an: included in the enterprise :zone along South Broadway will have aay aJDCe1111 a1 to bow that will negatively impact lheir property value or residential quality of life. Mr . Scibelli raponded tbal they would not. VIiie ..-au oe IIGdoa ta .,.n,we Reulutioa No. 76: Ayes: Council Members Hathaway. Vonnillag, Wiggins, Habenicht. Waggoner, Clapp, Bums Nays: None The molion carried. Mayor Bums CX>lllllletlled lhal lllaff did an excellent job on this report. (ii) Dira:u>r Gryglewicz presented a recommendation from the Depanmcnl al Financial Services to adopt a bill for an ordinance appn,ving credit cnhanc:emcnt for the Marks bonds. He explained that Wellaord Malts WCII Corponlioa wants to rdinance a portion al their boadL aat to exceed SI 1,200,000 . He Slaaed thal lhae are the bonds that originally financed the Malts project. Wellaord is asking for penniaion to proceed with this and in a,ajunc:1ion with this ordinaacc. they will need a short special meeting to be held a Met from tonight for second reading III they will be 1111c to close on their bonds prior to the cxpinllion al their letter al credit. Mr . Gryglcwicz advi..t thal this action is not under the proYiliclal al TABOR and is DOI an oblip&ion al the City al Englewood. He said lllaffrecommendl approval al this bill for u ordinaacc. Responding to Mayor Bums. Mr. Gryglcwicz CXJDflnncd this is an old indullrial developmclll mauc bond . Council Member W...-, alUd if there would be a COIi to the City. Mr. Gryglewicz said the City al Enpewood will ac:t1lally be billiJI& the Wellaord for our ti• and drort. Council Member Hlbenidll alUd if this in aay way dredl die City 's bondin& c:aplbility . Mr . Grypwicz said it does not a1 ii is not u obliplion al the City al Eqlewood. . , ... I . 0 • Englewood City Council September 16, 1996 Page9 ·, • - In raponse to C4uncil Member Waggoner, Dira:tor Gryglcwicz advised that they have ag,ecd to pay the CDlt. The City Clerk was 8*ed to rad Council Bill No. 47 by tillc: COUNCil. Bll.L NO. 47, INTRODUCED BY COUNCil. MEMBER HATIIAWAY A BILL FOR AN ORDINANCE AU'IHORIZING l1IE ISSUANCE AND SALE OF 1HE CITY OF ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE REFUNDING BONDS (MARKS APAR'IMENTS PROJEC'I) SERIES 1996 IN 11fE AGGREGATE PRINCIPAL AMOUNT OF SI 1,200,000, TO REFUND PRIOR BONDS OF 1llE CITY AND TO PROVIDE FINANCING FOR RESIDElfflAL FACll.lTIES FOR LOW• AND MIDDLE-INCOME FAMILIES AND PERSONS; RATIFYING CERTAIN AC110N HERF:I'OFORE TAKEN ACKNOWLEDGING 1HE USE OF A PRELIMINARY AND FINAL OFFICIAL STATEMENT AND l1IE EXECl1110N AND DELIVERY BY 1llE CITY OF A CERTAIN INDEJlrnJRE OF TRUST, LOAN AGREEMENT, AMENDED AND RESTATED LAND USE RESTRICTION AGREEMENT. BOND PURCHASE AGREEMEm', SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION 1HEREwmt; MAKING DETERMINATIONS AS TO "LOW· AND MIDDLE-INCOME FAMILIES AND PERSONS." AS TO l1IE sumCIENCY OF REVENUES AND AS TO 01HER MATI'ERS RELATED TO 11fE RESIDENl1AL FACil.ITIES TO BE FINANCED REPEALING ACTION HERETOFORE TAKEN IN CONFLICT HEREwmt. COUNCD. M&MaER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Ii) -COUNCD. aJLL NO. 47. Ayes: Council Mcmbcn Hadlaway. V.miaq. WigiM. Habeaicllt, Wagoaer, Clipp, Bllms Nays: Noec The mocioa carried. (I) COUNCD. MUaU BATIL\WAY MOVU, AND IT WAS SECONDO, TO sn A SPECIAL CITY COUNCD. IIIUTING ON HPTUDD u. "" AT 6:tl P.M. ,OR TIU SECOND HADING or COUNCD. IIILL NO. 47. Ayes : c.-il Meallerl Hadaway , Vonaillal, Wigia Halleaidll. w...-,. Clapp. a.. Nays : Noec The IIIOlioo carried. 1bcrc were DO additiollal ilCIDI l1lbauaed for approval on lllCllllld radi91. (See ,\,-la Item 10 (b) • Colllcal A,eada.) 12 . Gwral Pia: llfr (a) Mayon Cboice I . Ma,or Bini .... dllldlcywercwwideiilllypl...a111111d ... .,. 11111 we alllailled Sl .5 milliaa. ia Ille c;.,._ Ca I • • .Appniprilliw ia Wllh)...,. llr ftnl lwliac llr c•1111,cti• oldie ....... ClllridDr lipl rail . lie COP 9 1 dlll dlis W a llirty ..U -of .-y, but a wry bia ilea. becw llr Ille llnt lime we uw lad.._. Clllllnaed by Ille l'ednl .--_ He ..... • . .. ., I . 0 1 32xl -----------------------------------------------------.....,,..-- • Englewood City Council September 16, 1996 Page 10 0 • t• noCcd that it has led to a great deal of<:elcbration at RTD . Mayor Bums said that Mayor Webb spoke out about it and that it was reported in the press that Secretary of Transportation Federico Peila called Senator Mart Hatfield from Oregon. chairman of the Conference Commiuee, and lobbied him for this money . He advised that the Senate did not have any funds in it 's appropnations bill for this, the House did. and the Conference Committee came through with half as much as the House appropriated. He stated that the important thing was jllll to get the funds, so this is a veiy big item for us . Next year. he commented, he has been advised RTD will be asking for something like $30 million. He said Scott Recd, the RTD 51ri<csrnan, c:aUed him lut Wednaday and said it is impoltant because they ask you two euential quellioal. Mr. Reed adviled him that they ak first ifwe have a flalJ flmdiq gnnl agRCIIICIII. which we have, and the !leCllllld qucslioa is if we have bad a prior year approprialion. If you have to say no you are in trouble and we can -say yes when the maaer comes up next year, 111 it is veiy important Also, he adviad they bad the mid point design for the line, which wu brougbt to the City lut week by the RTD sraf( and he undaslands that is being cin:ullled through the Public Works Department. He said RTD is moving right along on this, that they have twenty new engineers working on the final plans. which he undenlands are supposed to be completed by next spring and the pn:ss is reporting that they may even stan construction, which would be infrastructure. by next spring. Mayor Bums commented that you can really begin to see that this is going to happen and so he is very thrilled about it. (b) Council Member's Choice (i) Council Member Hathaway : I. She passed out to Council a copy of an anicle from this week's Nalioa ·s Cities Weekly regarding group home siting and the fact that there are two dift'erent mayor 's that have pleaded with Congress to allow a little more flexibility in where they are sited and how many can be sited in a particular area . Ms. Hadulway said she would like to suggest that we COIIIICt the two -,on. Mayor Baltlua Fahey of Edmollds. WllhingtOn. and Mayor Rita Mullins ol Palaline. UliJlois . She said it is obviously not jllll our problem and she would like to have us coollCI thoK mayors IO -if their prublcms are similar to ours, llow they are dealing with them and whether they feel like they are piling anywhere . 2. She said she would like to have a billOly from Code Eaorc ..a the City Maaeer's office repntillg I raidenl by the-of Royce Rallbins wllo iwa. 3100 Solllll 8-Jdt. ~. she adviml. lie bas an CJD-llling clog pniblcm and -. tllorou&blY 6-nled widl the City 's ~-Ms. Hadulway lllled she wouldjlat like to know wbal the City's i..-bas been•'° this point. 3. She stated she has bad an inquiiy from Mr. Gene Giea-repnling a pawnsbop problem with an Eqlcwood pawnshop . He has some questions as to the City's lepl clefinitioa ol lou sllamng and wbethcr a tnullaCtion which oa:umd at an Englewood pawnshop, in which he and his son were inwlwd. COllllilW:S loan sharking. She advised that Mr . Gleason would just like to know our policy on 5IOlco goods laws that per11in to pawnshops. 4. She said she was going through some files at the flower shop and found a copy of an Enpcwood Citizen from 1978 . She provided Council with copies of it because there were -veiy illlelaling thinp in there . One being an anicle on an election scheduled for TUClday. September 19*' for the Dowmown Development Authority. as to whether they should exill or not. Appaready, she noted. they have been in exillCDCC for eighteen ycan. She poillled out odler aniclca ol merat. Ms. Hadulway advilcd that she would allo fCIIWlld I copy IO the Clcu. Gftlell ..a Proud Co-million as it 111b about the citizens rapouc in 1971 IO the oco cycle plu dial we -eeulllisbi• in the City ol EaaJewood. She DOied they found out dial it w tine lilw the illilial CllpNUlioe tlley bad ucic:ipe!ed from EnaJcwood raiclents. So she noted. appareDlly Eapcwaod bas beat nitydina for many , muy ycan. •. ... I· 0 • ----------------.,------------------~--------------- Englewood City Council September 16. 1996 Pag,c II ·, 0 • (ii) Council Member Vonniuag: I• I . He said that his mother-in-law died lasl Tuesday and be offered his appreciation and llwlks to cveiyone for the flowers. 2. He advised that al 4810 South Grant somebody illegally dumped tree limbs and stuff'. He said that it is a lot more than be can throw away in his trash so be asked that the City take care of it. ••••• Mayor Bums, on behalf of Council , expressed their condolences to Council Member Vormittag and his family. Mr. Vormilllg thanked him . (iii) Council Member Wiggins staled that al 2840. 2860 South Elati Ibey are still having puking problems. He advised that Catastrophe Raloration Services double park and block the street. He rcquellCld that Mr . Stanley· s crew cruise the area periodically during the day when Ibey are doing business and make sure that Ibey don't block the street. 13 . City Muaser'1 Report (a) City Manager Clark advi9ed that be received correspondence from Jerrell Black who has been working with the Cultural Arts Commission. He staled that the Commission has asked that Council designate a council member as a liaison to that Commission. Council Member Hathaway advised that Ibey also n:,quesced one for Puts and Rec. EDDA and different other ones too. She asked if all of the liaisons were going to have non-voting status. City Manager Clark said that it is his understanding that Ibey are non-voting. Council Member Wiggins said that be had read in IOIIICbody • s DOies that Ibey would not be voting. Mayor Bums commented that he did not think Ibey oould expand their voting capacity as Council established the Commission by ordinana:. DilQlllioa ensued . COUNCll., •Y CONSENSIJS. NAMED COUNCO.. MEMSIR llillNICBT AS CITY COUNCO.. UAISON TO THE CIJL TIJRAL ARTS COMMISSION. 14 . CkyA....._,.,.,.... (a) City Attomey BIOUlllall said Council should have rec::eived his letter to Mr. Sadler reprding the abatement and procedure that be bas before bim . He said be would like to make sun: that be bas all of our procedures lined up. He rcquellCld a motioa to aJllliw with the abNcmcnl including the pouible taking of the property. Responding to Mayor Bums. Mr. Brotzman clarified that be is talking about the Horton property. COUNCIL MEMSER BA TBA WAY MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY ATTORNEY TO CONTINIJE THE LEGAL ACTIONS REGARDING MR. SATHER AND THI: BORTON PROPERTY. Aya: Council Melllben Halll8way, Vonainaa, Wiu,m. Habaudll. Waaa-,. Clapp, Burns Nays : Noec Tbc IIIOlioa carried. ., I . 0 • Englewood City Council Scplanbel' 16, 1996 Pqe 12 '· • • ••••• Mayw 8una aid dial• .... ID lllllaliaa • ii wrililll ID all rldle ...... rldle Caap:aiollll llclcptn dial bave bellD • all lCIM in die lipl rail. He .... dlll lie will allo write ID Sec:n:lary Pela ad Mayw Webb, wllo 1111 bellD way llelpfill • R11> ia illlwm:i. R1t> ID mppalt iL ••••• c-:il Member Vcniitlal .... dill.,.._ aipl dley wae FUii ID Lialclon. ID die Higbline Caal. He .... if ft'll,-e wllo-ID p ...... ia dleir-. 15 . ~ COUNCU. MDRD WIGGINS MOVED TO AIUOUU. 1'llc mee1i11a ad,jounled • 8:24 p.m . .. • • ~. ENGLEWOOD CITY COUNCU. ENGLEWOOD, AllAPABOE COUNTY, COLOllADO S41 •lier 23, I"' 1. Call • Or*r The special meeliag fl die Eqlewood City Couacil -c:allDd IO order by Meyor Burns• 6 :08 p.m. 2. .___ The i1M1C11ion -giffll by Council Member Wigins. 3. f'lellme fl Allepewe The Pledge" Allcgiuce -led by Mayor Bums. 4 . ..c.u Present: Couacil Members Helbney, Clapp, Wiggins. Habenicht. Vormittag. Waggoner, Burns Absent : Nooe A quorum -present. 5. A11o present: City Maupr Clerk City Aaomey BnllZIIIU Aaillaal to tbe City Mampr Grace City Clert Ellis Dueclor Gryslcwicz. Fimaciel Scrvica COUNCU. MUDD IIATBAWAY MOYD, AND rrwAS SICONDU, TO APPaOVI COUNCU. alLL NO. '7. (1) A..-OIi SecDlld Radiq (i) ORDINANCE NO. 44 . SERIES OF 1996 COUNCU. Bn.L NO. 47 , INTRODUCED BY COUNCU. MEMBER HA111AWAY A Bn.L FOil AN ORDINANCE Al1IHOIUZING 11E ISSUANCE AND SALE OF 11E CITY OF ENGLEWOOD, COLORADO MULTIFAMILY HOUSING REVENUE ltl!FUNDING BONDS (MARKS APAR'JMmoll'S PROJECT) SERIES 1996 IN 11E AOGREOA11! PRINCIPAL AMOUm' OF SI 1.200.000. TO REFUND PRIOR BONDS OF 11E C1'1Y AND TO PROVIDE FINANCING FOR RESIDENT1AL FACILfflES POil LOW-AND MJDDLE.INCOl,E FAMILIES AND Pl!ltSONS ; RATIFYING Cl!JlTAIN ACTION HERETOPatE TAKEN ; ACICHOWLl!DOINO 11E USE OF A PRELIMINARY AND FINAL Ol'l'lCIAL STATI!MENT AND 11IE EXEClmON AND DELIVERY I. • s,edlll City c:-u Mada& Sepl hr 23.1"' ... 2 .. • • • BY nm CITY OF A CERTAIN INDEN11JRE OF TRUST, LOAN AOREEME!ff. AMENDED AND RESTATED LAND USE IU!S'l1UC110N AGIU!l!Ml!Nl', BOND POllOIASE AOREEME!ff. SUCH BONDS AND CLOSING DOCUMENTS IN CONNECTION 1HBREWffll; MAKING DETERMINATIONS AS TO"LOW-AND MIDDLB-INCOME FAMILIES AND PERSONS," AS TO nm sumCIENCY OF REVENUES AND AS TO O'l1tl!ll MA'n'l!RS RELATED TO nm RESIDENTIAL FAcn..rrms TO BE FINANCED; RBPl!ALING AC110N HERETOFORE TAKEN IN CONFUCT HEJtEWml 6 . A,-: Cowil....._......_,, Vonaiall. w-...-. lfll . k, w...-.Capp.a.. Nays: Naa COUNCIL MDISD WAGGONU MOVED TO ADIOUllN . TIie .............. M6 :09 p.m. ~dr!i:. CityClen . . . : ·~ . .. .. . , . ' •· 0 f J2x l • ·, I N T E R 0 F F I C E To: From: Subject: Date: Church Renewal Committee Rex Martin Outside voice survey August 19, 1996 • • • .. MEMO We have used only fifty-two (52) of the survey responses for our statistical analysis . These responses were completed satisfactorily and, in my opinion, give us a good sampling of the neighborhood surrounding Mayflower Congregational Church. It is obvious &om the survey that our neighbors are most concerned about child are and neighborhood issues. The attached report provides the responses to personal interviews and mail-in survey questionnaires. Over 5,.A of the responders think our church should be involved in some type of child care program . The "Mother's day out" category seems very popular. Amazingly, over 65% of the responses asked for Town Hall meetings and 54% said they would panicipate in such meetings . Those interviewed who said they were active or a member in another church represented 44 % of the responses, and 31 % said they had no aarrent church affiliation . I have to believe that those who did not answer either way don't belong to or are not active in any church . The most important of church functions in rank order are : Sunday morning worship 13 .5% Special evening services 13.5% Social events 13.5% Bible study groups 11.5% Music 9 .6% Sermons 9.6% Child care during services 7. ,.A Pastoral visits and regular worship services other than on usual Sunday schedule were not deemed all that important. I should add that only four responders noted a desire for music outside of the traditional music (Contemporary -3, Country Western -l ). Six of those interviewed would like to be added to our mailing list and three would like a visit from our pastor. These names and addresses will be given to Clyde. .. • . .. 1 • • 0 '32 x l • .. '· • • <. MAYFLOWER CONGREGATIONAL CHURCH SURVEY REPORT 1. What sefVices do you think Mayflower should consider providing to the nelghbortlood ? •• Child care after school II 17.31% b. Mothers day out child care 13 25.00% C. Child care during day a 15.38% 30 57.811% d. Town hall meetings 34 85.38% •• Use of Church facilities for community events 11 21 .15% f. Outreach programs 3 5.77% g. Youth group activities 7 13.46% 2. What services would you use and/or support? •• Child care after school 7 13.48% b. MotherS day out child care 12 23.08% c. Child care durtng day 7 13.48% 26 50.00% d. Youth group IICtivltles 5 11 .82% e. Town hall meetings 28 53.85% f. Concerts 7 13.48% 3. Current church participation a. Active or member In other church 23 44.23% b . Not ac:tlve or member In other church 18 30.77% C. No response 13 25 .00% 4 . Importance of church activities a. Social events 7 13.48% b. Bible study groups 8 11 .54% ,1. C. Sunday momlng worship 7 • 13.48% 0 •. ; , ·, d. Music •• Worship other than Sunday f. Child care during services g. Sennons h. Pastoral visits Special evening serviceS 5. Would Uke to be on our malling 11st II. Would lb a viii from cu pestor \ • • ... 5 1 " 5 2 7 a 3 1.12% 1.92% 7.89% 1.82% 3.85% 13.46% ' ,. .. • • • . (~ I N T E R 0 F F I C E To: From: Subject: Date: Cluch Renewal Committee RexMartin Outside voice survey August 19, 1996 • (. "DI.. C MEMO We have used only fifty-two (52) of the survey responses for our statistical analysis . These responses were completed satisfactorily and, in my opinion, give us a good sampling of the neighborhood surrounding Mayflower Congregational Church. It is obvious from the survey that our neighbon are most concerned about child care and neighborhood issues . The attached repon provides the responses to personal interviews and mail-in survey questionnaires. Over 57% of the responden think our church should be involved in some type of child care program. The "Mother's day out" category seems very popular. Amazingly , over 65% of the responses asked for Town Hall meetings and 54% said they would participate in such meetings. Those interviewed who said they were active or a member in another church represented 44 % of the responses, and 31 % said they had no current church affiliation . I have to believe that those who did not answer either way don't belong to or are not active in any church. The most important of church functions in rank order are : Sunday morning worship 13 . 5% Special evening services 13 .5% Social events 13 .5% Bible study groups 11.5% Music 9 .6% Sermons 9 .6% Child care during services 7 . '79/e Pastoral visits and regular worship services other than on usual Sunday schedule were not deemed all that important . I should add that only four responders noted a desire for music outside of the traditional music (Contemporary-3, Country Western -1). Six of those interviewed would like to be added to our mailing list and three would like a visit from our pastor. These names and addresses will be given to Clyde . . . • .. J • . ' • MAYFLOWER CONGREGATIONAL CHURCH SURVEY REPORT 1. What NrVlces do you think Mayflower should consider providing to the neighborhood ? •• Child care after school 9 17.31% b. Molhel'S day out child care 13 25.00% C. Child care during day a 15.38% 30 57.19% d. Town hall meetings 34 85.38% •• USe of Church facllltles for community events 11 21.15% f. Outreach programs 3 5.77% g. Youth group ac::tlvllies 7 13.46% 2. What services would you use and/or support? •• Child care after school 7 13.46% b. MolherS day ou1 child care 12 23.08% C. Child care during day 7 13.46% 28 50.00% d. Youth group lldlvlles 5 1.92% e. Town hall meetings 28 53.95% f. Concerts 7 13.46% 3. Current churCh paltlclpatlon •• Adlve or member In olher church 23 44.23% b . Not active or member In olher church 11 30.77% C. No response 13 25.00% ,. Importance of churCh adlvllles •• Social evenlS 7 13.46,. b. Bible study groups I 11.54,. t • C. Sunday morning WOl'lhlp 7 13.46% \ ; , . .. • <, \. d. Music 5 8.82% •• Worship olherthan Sunday 1 1.92% f. Child care during services 4 7.81% g. Sermons 5 8.82% h. Pastoral vlslls 2 3.85% Special evenng services 7 13.48% 5. Would Uke to be on our mailing list 8 8. Would .. a visit from our pator 3 .. • 0 • ·, <. N T E R 0 F F I C E To: From: Subject: Date: Church llenewal Committee RexMartin Outside voice survey August 19, 1996 • - MEMO We have used only fifty-two (S2) of the survey responses for our statistical analysis . These responses were completed satisfactorily and, in my opinion, give us a good sampling of the neighborhood IW1'ounding Mayflower Congregational Church. It is obvious fi-om the survey that our neighbors are most concerned about child care and neighborhood issues. The attached report provides the responses to personal interviews and mail-in survey questionnaires. Over S1% of the responders think our church should be involved in some type of child care program. The "'Mother's day out" category seems very popular. Amazingly, over 65% of the responses asked for Town Hall meetings and 54% said they would panicipate in such meetings . Those interviewed who said they were active or a member in another church represented 44 % of the responses, and 31 % said they had no cunent church affiliation . I have to believe that those who did not answer either way don't belong to or are not active in any church. The most imponant of church functions in rank order are : Sunday morning worship 13 .5% Special evening services 13.S% Social events 13.S% Bible study groups l 1.S% Music 9 .6% Sermons 9 .6% Child care during services 7 . 7% Pastoral visits and regular worship services othff than on usual Sunday schedule were not deemed all that impor-.ant. I should add that only four responders noted a desire for music outside of the traditional music (Contemporary -3, Country Western -1 ). Six of those interviewed would like to be added to our mailing list and three would like a visit from our pastor. These names and addresses will be given to Clyde. ·- J • . • ·, • (' . ·, MAYFLOWER CONGREGATIONAL. CHURCH SURVEY REPORT 1. What lefVlces do YoU ~ Mayflower should consider Pf'OYldlng lo lhe neighborhood ? •• Child care after SChool II 17.31% b. Mothers day out chlld ca,e 13 25.00% C. Cllid care during day a 15.38% 30 57.H,(, d. Town hall meetings 34 85.38% •• Use of Church fac:Wtles for community events 11 21.15% .. ,. Outreach programs 3 5 .'77% g. Youth group ac:tiv11ies 7 13.48% 2. What 1eMCes WOUid YoU ... and/or SUppo,t? •• Child care after SChool 7 13.48% b. Mothers day out Child care 12 23.08% C. Chld care during day 7 13.48% 29 50.00% d. y-,. group 8CllvlUes 5 1.82% e . Town hall rneetii,us 28 53.15% ,. Conc:erts 7 13.48% 3. Current dlurch ~ •• Active or member in OCher dlurc:fl 23 44.23% b . Not ac:llve or member In other Church 115 30 .77% C. NorNponae 13 25.oo,r, .C . lmPC>rWQ of chun:h ac:tJv&s •• Social events 7 13.48% • b . Bible study groups e 11.54 .. i. C. Sunday fflOming worship 7 13.48% , · ... .. d . Music e. WOtShlp other Ulan Sunday f. Child care durtng servtc:es g . Sermons h. Plllloral Vlslls Spedaf even1ng servtc:es 5. Would like to be on our mailing IJst 8. Would like • vtsl from our pator • • 5 1 " 5 2 7 e 3 1.92% 1.92% 7.89% 1.82% 3.15" 13.48" .. , . .. N T E R 0 F F I C E To: From: Subject: Date: Church Renewal Committee llexMartin Outside voice survey August 19, 1996 • ... MEMO We have used only fifty-two (S2) of the surwy responses for our statistical analysis . These responses were completed satisfactorily and. in my opinion. give us a good sampling of the neighborhood IUff'OUDding Mayflower Congregational Clurch. It is obvious &om the survey thzt our neighbors are most concerned about child care and neighborhood issues. The attached report provides the responses to personal interviews and mail-in survey questionnaires. Over S7% of the responders think our cbun:h should be involved in some type of child care program . The "Mother's day out" category seems very popular. Amazingly, over 65~'. of the responses asked for Town Hall meetings and S4% said they would participate in such meetings. Those interviewed who said they were active or a member in another church represented 44 % of the responses. and 31 % said they had no current church affiliation. I have to believe t1w those who did not answer either way don't belong to or are not active in any church . The most important of church functions in rank order are : Sunday morning worship 13.5% Special evening services 13.5% Social events 13.5% Bible study groups 11.5% Music 9.6% Sermons 9 .6% Child care during services 7. ,-;1, Pastoral visits and regular worship services other than on usual Sunday schedule were not deemed all that imponant . I should add that only four responders noted a desire for music outside of the traditional music (Contemporary-3, CounuyWestem -I). Six of those interviewed would like to be added to our maiJ.ina list and three would like a visit from our pastor. These names and addresses will be liven to Clyde . • .. J • , ,. • • .. 0 - CORRECTION THE PF.ECED !N G c cc:...·wE. IT CR ELANK Fa..J.,WE HAS EE=:'! F.EW!Cfi OFiL.i 5:: T .J.SS U F.E LEG/£/LITY .J.,VD ITS !MA GE A,=.c~.::;s /,W,WEDIA TE!. Y HEREAFTE.=.. ---------------------------,.,-------------- • ·, • ·~ ' MAYFLOWER CONGREGATIONAL CHURCH SURVEY REPORT 1. What 5efVic:eS do you think Mayflower should consider providing to the neighbomood ~ •• Chld care after school 9 17.31% b . MotherS day out child care 13 25.00% c. Chld care during day a 15.38% 30 57.69% d. Town hall meetings 34 65.38% e. USe of Church facilities for community events 11 21.15% f. OutreaCh programs 3 5.77% .. g . Youth group activities 7 13.46% 2. What se,vices"would you use and/or support? •• Child care after school 7 13.46% b. MoChers day out child care 12 23.08% C. Child care during day 7 13.46% 26 50.00% d. Youth group ac:tlvllies 5 9.62% e. Town hall meetings 21 53.15% f. Concerts 7 13.46% 3. Current church pal1lc:lpatlon •• Adlve or member in olher c:hurCh 23 44.23% b . Not active or member In other dlurd'I 16 30.77% C. No response 13 25.00% 4 . Importance of c:hurCh ac:tivllies •• SodalevetU 7 13.46% .; b. Bible study groups 6 11.54% .. • C. Sunday morning worship 7 13.46% , • ,.. • ·, • , ,., • -~ d. Music 5 9.82% •• Worship olherlhan Sunday 1 1.la f. Chld care during semces 4 7.8ft g. SennOnS 5 1.82% h. PaslOfal vlslls 2 3.15% Special evenrlQ se,vic:eS 7 13.4"t 5. Would like to be on our mailing list e I. Would like a viii from our pastor 3 .. • I - • • • • 0 ;. - MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 WHAT: • • • MIEJL: MEN: 7:30 PM A -IIIIIJ •Hing al..,._. Cbun:11 ID: .... ...,,......_81pl1•1111'a•••• ..................... Gpan .... GIGa 1111 a lnlTan••-•• ............. llli,tk a CDQZ I Sa FIii Cll.:aldl IIID1 Salllll Alla I a &JI a all. cabrrllai .._ .... ,Alla•1 .... El*a- Ila II I, OUlillls 14, 1111 • 7::11-9:1111111 1'11ee•rzaczllll•llllll•1S __ .. -andllmdaJol ... _ I Al ...... Elllll••aad saw ... Eua,-.w111:aa1I Catllleandcoaldeallll• .... 1111 Clllld c.. Ph.Mid Far-··· ,, __ ........ a,. ... 111~ ' • I· ' - • • • • 0 I • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 WHAT: • • • WIEN: WHO: 7:30 PM A wllllly •• 1111 al_. .• Cllun:II ID: ................... , ........... ... .................. Maur11G1111&al maadn1W* .. Ewei,... main••• CallN and .......... pm.tad CNld ca. Pnnlldld Far ... , ......... ......... a,111 ... 1l1-Ml1 \ . I· - • • • WHAT: • • • • 0 : • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM A -lllllly a1111.11....-.zw a.n:11 ID: .................... , •• u .......... ...................... WIEN: ...11.,, OdDller M.1111 • 7:11-9:11 p111 11w ...... 1111 • 111111 .... S tr• .. NCDllllllandllfol_.aanlL WHO: Al CIUI' Na1111 IElagll1•Dd ........,. EWl,m• •almael CallN and cooldN .... pnllldld Chld C.. P10fldld For_ lc ......... .......... a,da .... m-Mll ' • I· ' - • • • • 0 : • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 WHAT: • • • •ERL: WHEN: WHO: 7:30 PM A -•11r 111111111 • llr l,'IU:za Cllun:h ID: .... ..., ......... s,p11alla'aa1alng ................... MtpS.csaa CGr411 •tr 1111111 Cllun:II IIID'IS01111Acaa181. Efltll1aDOd, CDlmadD Pine llaalll. Aca•• S1111t Ea•w =--,,OclDll«M.1111 • 7:ID-1:1111111 n... .................... , .... .. WGlldMGl...,of .... aa•L Al CU' NDrlll Ea•••aad l'lillg1IPlwa Ewr,ana ••ca••• con. and coaldN ............. Child Cln Plotldld . - For ......... .. ..._...cs,.s. ... m~ ' . I· ' - • • • WHAT: • • • • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM A mill., •111 ••_.,aw a.n:11 ID: ...................... , ........... . .................... Open.._afaa ma lclllan-ana••lal* .. ...,aoaw CIIIL:p 111¥..W a.nil 3001 Saulll ,.. •• 91. Er.glaanad. CUIDladD Pine lloalll, ~a••.,.. Ea••• WHEN: 11m-,,oc1a11w14.1111 • 7:11-tt:11p1111 WHO: 'Tlw•••• ............. ........, ... ...... ......,of ... W.L Al aur Narlh EIIJI aGJOd RI ...... Ewrym• WIii: a•al Callae and coallN 1111 be pnMd1d Clllld care Plwldad ForW9•il:mlll•aal ........ Clflle ... 1IMMl7 • • . ' I· • WHAT: • • • • 0 I • - MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM A -•11r a11I • • lla,tlaza a.-11 ID: .................... p,1 ........ . ••JL•• CAIIU,s e ra III aurc11 IIID'IIGIIIIIAca•alL Entl•• -CalcndD 11111e-.~a••-Eaw WIEN: ......,, Odalla 14..... • 7:11-l:ID .... .......... .............. , 1J• .. _........., ....... _ WHO: Al Ola' NDrlll Enll saall n1Wiwr• e.,-. zzlca••I ean.. lllld ooaldN 1111 .. 11191'1111 II Clllld C.. PIOlldld For ... lkmlfanCIII ........ a,a .... -~ ' • I· • • • WHAT: • • • • 0 ... - MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM A_ .. ., •11lng • -.,.Oza a.nll ID: We 1111..., ...... 11111n 81pl1nben •11•• .................... Opan .._ GI earn unk lllan •1111 n11&1 LDIS •E»E: llljemsw ca• 11 IFDIIIII a.- 1111118clulll.Aeaa11t. Eni11 a Dd. ClllamlD Plne......,Aeaa1.._Ea••- WHEN: ....... OclAllw 14,1111 • 7:I0-1:11111111 1lwr111111111•1111111....-., .... wand .. fl) Gf wll .... L WHO: AlourllDltllElftll a ad ........ Ewl,m• w1lcaa11 can. 1111d cooldN .... pat1Lkd Cllld ca. Ptwldad Far_ .......... ......... a,da ... 111~ ' • ... I • 0 -~--------------------,. • WHAT: • • • 0 , • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM A+ lalt ••llng•M J9 rCIIIRIIID: .._..._,.,1.11a .... a1111 11 r'sm111"' .. -............ ...... ---.. ··--·' ........ -s,n •• • ..._ r :• a c • 10 •• 117 CIIIRII ............. &d l~C 7 1 F ......... #11 ..... -, II Snf15,0 1 7 I 14.,1111 • ~---.. ...... 11551-...... ,, ......... ., =• , a ., _.11111117L ....... Ead llf IJl1 a Ec&JIII JP I T Callie allf 11 7 711 -S. pacsEF f GIEPII ea. Prcslf1 f Far ......... ... . - ..... ,a,,._ 1IM4l7 • ' ' . I· ' • WHAT: • • • • 0 I • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM A••:IJ•• .... ••s• ....... ,., 11 .... S15E l1r'aa11C I ............. _ ._... _.,•• --Z-Cll1an -7$11 • •--T ft C t tS TO • .............. FaaJ 111.C 11 C ......... JII --p II T C a.O 7 11 1'-• 'P.:11-9:IIJIII ...._ 1dllt .... 111M1 I I lj• .. 111 C TI C t .. _. IIIIIIIIL ....... -ur •• ,,1,. Bsa;111 I I Clllle aM II IPSI I .. r. JU&CCI 1 CW Cln Ptcdf1 C Far-I I C ... ..... ,a,. ... ...., ' I· 0 • WHAT: • • • 0 • ,, MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PII ........ ,., ..... .., ......... .... ............... _ Gllia-fll 01--111·1•1fll1•n -Tat 11 • •--r ,. a c e e r 1· n • 1111 ............ C,d1 Ill, C1P1 1 t1 .............. -El II Tl t 5.0 I 11 ~1111 • ?::11•9:11,_ ...... ,11141 .. llePIIM IT t,•r.1111 t r, 'a .,_.IIIEIIL ........ -at .. , "''. Bu&JI bl T I 17 Clillle _. 111PT11 .. 19 pc st t ~C..fbsct1t ,__,, ..... .... ,..,._ ...., ' • I . - - • • • ... T: • • • 0 I • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PII A ILis an&a•T t8 ....... ,., ........ ,, 7 ........ .. ....... ,,.z .. ..... -..-.. ··--IZls ., 111,...... ears , ,. • ..._ r u• c, e a a, ~ n • ........... -,.. l~C 7 C ......... ,. --· II •• 111.ou s 1 ~1111 • P.11-1::1111111 '1111N 111 .... lleW: t 7 S,• .. 1111 C ••• , ...... ZllaZIIIL ........ -.. ., '"'' -.... I 71 I Clllle _. 111ST I .. lie pa SC C ~C&NPL SC C ,__ • ., a _. .. , •. ,a,,._ ...., I ---~-------~-------.------------------------, • • • IIHAT: • • • 0 , • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM Aaa ••r•••-•• ,a ra.llllllc .. .................... , ......... . ..................... ..... ....... I __ , .......... _ WI•• •EE-r,a,caaccrrnat. ............... &Iii 1t.C II 1ft .............. -····-· =· f 1.0111&1 Mi,-• 1'.:11-9:11 ... ...._•••11•e.1111Mz I 7 IJ• .. 1111 f •. ,, ..... ..... . _ ... Eu_ Elf? 1401. Eca;a1 111 I Clflle..S 1111111 wll S.p 1f£f CIIFM CIN Pas tfrl1 f . - Fer..... • .,, .... fa,rfll-....., ' I • ... T: • • • • 0 I • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM ................... £7 7 ...... . ................... 0.. ...... ___ • •••••a -7 SJ 7 I a •IEIL =••• c e a r "aa •• ............. &as ... c, • ................. E&w =· ,.o 7 T 1 11\-• P.11-1:11 .. ..... a 7 SJ .. ZlallfMn 51 --.. I • a.,., ... ..._ ....... -..... , .. &a; I WIT II Callte .. I 2711 .. Zia "11tSS • CMd C.. PlcsS C • Fer-w a ... .... . _. ... ...., ...... I· • IIHAT: • • • • 0 I • - MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM A-••r•••-•T z• 0 4*11c W.wll .... np IL._I JS S 111•1 f I .. ...... ., ........... ap..-o1--11111••-sans, a ••-T 58 Ca• I f1111PQ '* ........... IL &.. Iii. C11I I ti ............ -ES 11 amL Ta t 5.0ll1l1 "9-• 1':ll•W11111 ._ 111 e1•n.111Mz t S IJ• .. 111 C •• t S ., ..... .....rL •-.... • J ntn VI•• Eu&j I 5 5 C.CS._.11 SC , .. S.ps st t CIIIII ca. Puzst t .......... Ilsa& C a,c.- 11M4117 ' I· • WHAT: • • • • 0 I • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM AIN •£1r•1 .... alllllJ,ltl MGII •• .................................. ..................... Cilia_.,, ah.al•-laPl a •--C 51 C1 I 11 M d ClllllilPI .............. Ell" 1t. C I alfa ................... El II M 1115.0 1 l Mi,1111 • 'P.::11-9:11"'9 1'111ar11c 11.m-...,., an , ....... e M f15_,_. ..... ....... ERCi all IJl1 a E MJI I 211 I Cllllle ... II SP I .C Npl Pf f C2IPM Cant ~a Clf1 If Fa ... 1, C ..a 11&:sa 1110 CP;III -..., ' I . • WHAT: • • • • 0 I • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM A .................. Wa.lllllDc ..................... , ............ . ..................... a.a--flf •u--11111•111111•c -n ¥ 7 1 a •Bl!E: r ,a c o a•• 1na • ............. Elll,I ... c,s ,, ......... Aaaa-E::t II M Cq.O 7 7 ~-• '1:11-W,a ...._ 1< 51 .. '9111Ms CC S,• .. 1111 • =· , ........... MwllllSIIIIEql IC FsFl1 a Eau;, 1 JS 7 Clllle_.1,1tc11 .. '9pc TC JS CW Can PucRJS JS Fer..... • .... ..... ,_._ 1IM4l7 ' ' ' ' I . • IIHAT: • • • • 0 I • - MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 7:30 PM A •tis •11•111 • a s• a ai • • ......... ,: ................ .... ..................... _.. .._ .,.,--111·1•.,111•• ...._ m'Sl l:ra •ES= .... & Ct • I Mt II au1111 ........ ,.... .. Ell .. 12 Ill. C1F1 &fa ......... Aaaaa-E::L Cl T: fllj.O 1111 1'-• 'P.:11-1:11,_ 1lwa11a1111 .... 1aaM, I 7 S,• ... 1111111 . ., ..... ..... ,.._._.E:ttel a ,, rans I a EwitJtnl 171 ••• , Cllllae .... H 17 En .... pas TT ' GIid Cue ........ .. Fer ..... Fa ... ... .... ,_._ .... ...... I • • • MAYFLOWER CHURCH SECOND MONDAY NIGHT TOWN MEETING OCTOBER 14, 1996 WHAT: • • • WIEN: WHO: 7:30 PM A nwwllllly ••11111 al ........ Cllun:II ID: .................. , ............. .. .................. Opan .... ol ....... ..,.. ............ llandllr, 0:..-M.1111 • 7::11-tall pa 'IIW•• ............... , ... .. __.llllbnt Jal ... _ IL MourllallllE11&1 saaduWlan e..,-• aasur11 can.a111oaa.111NIIEl•"ult1d CNld C.. P1Gatd1d . - Far ............ .. 511: ...... a,dl ... 111..., ' • I· • ,. Mayor, City Council&. Manager Englewood City Hall 3400 South Elati Street Englewood, CO 80110 • • • Subject: 1997 Budget Request for the Englewood Clean, Green &. Proud Commission Dar Mayor, COW1Cil &. Manager, •• As one of the fifteen COWICil appointed Commissioners of Englewood's Clean, Green&. Proud (COP) Commission, I would like this opponunity to shire the 1996 COP accomplishments with you, and to request continued financial and staff support from the City in 1997 . It his been my pleasure to serve the Englewood community through the Clean, Green&. Proud (COP) Commission since 1994. The Commission wu formed by City COW1Cil in 1991 u an affiliate of the national "Keep America Beautiful" campaign and our commission his enlisted considerable volunteer participation and provided direct and increasing services to the community since 1991. Most Englewood residents know COP from our nine days of attended collections. Good Neighbor Days, Household Material (paint/oil) Roundup, and the Leaf and Tire collection. The general emphasis of these programs is to encourage responsible reuse , recycling and disposal . Attended collections are also opportunities to provide written information about these subjects to participants. Community events such as the Glad blg+thon are also opportunities to make the point that we all share responsibility for keepin& our community clean. Hundreds of school children annually participlle in the campaign to pick up litter from public places. Service groups have also participlled in this event to live blclt to the community. What many Englewood residents s may no know is 1hll in 1996 COP IOlicited raources and organized vohdeers for five lllljor community pn,jeell noc eve11 COUlllin& our fund raising events. Hundreds of hoUleholds were directly .-I by our pn111m11 and hundreds of volunteers pllticipaled in these civic ICtivities. CGP Commillioam and City llaff coordinate volunteers and other raoun:es to provide neipbadlood and COlmlunity activities. In 1997, COP plans to expmd our OUllelch in the community followinl the Keep America Beautiful educational model. Clean, Green and Proud (COP) proposes to continue the six yes tndilion of raising community awll"eneSS on issues of civic pride and resource con. \'Ilion. CGP will continue to seek donations from individuals and companies to accomplish the pl of maltin& Englewood a better place to live and work. In order to provide an estimared S33,62S worth of these services to En&tewood in 1997, the Clean, Green and Proud Commission requests City of Englewood funding in the amount of SI I ,S2S. The CGP Commission provides direct aervices to Englewood in the following activities : Geed Neipbor Days are held on the three Sllurdays in May when nei&hbors get tasether to clean out buements, Illies, yards and alleys . Englewood residents are provided reduced fees at the Trash Tl'llllfer facility. COP volunteers provide marketing and education for the event and administer a S 10,000 tipping fees pant from Waste Manaaement. Inc. Volunteers peer residents and request a nominal co- Clean , GrNn & Proud Commilllon • Clly " Eng!Nood 3400 Solih E .. 1 Stl'Nt • Englewood, CO I0110 • (30:I) 712.2341 ' .. • • • t• • - l.cttcr to Ena)cwood City Council from Clan, Orem .t Ploud C-itsion payment. Other volunteers help residents unload lheir debris. Volunteers are also watching for items to recycle and sell at the CGP community pnge sale. 2 Good Neighbor Days replaced a costly spring cleanup program where residents were pennitted to place appliances, COIISlnlCtion material, yard debris, furniture and other materials It the curbs in front of lheir homes. That activity cost the City tens of thousands of dollars annually. In 1996 the Good Neighbor Days event grew enough to use the entire $10,000 grant from Waste Management. 1996 wm also the first year for requesting co-payment for the service to be able to expand the number of households served. BCMUellold lluanlNI Material...._,. were c:onducted twice in 1996, in July and Seplember. More than 180 houleholcls were served. Residents brought an average of IO pllons per car of products that are difficuh to dispose of properly, including paint, thinners, oil, paoline, anlifreeze, and car batteries. New this year, was the effort to educate Englewood residents about Olher appropriate recycling and disposal methods that are available year round. The Roundup is the most expensive single activity that CGP coordinates. Nevertheless, improper disposal is many times mcwe expensive. For example, disposing of a SS pllon drum of med oil from non-commen:ial sources costs COP about SlOO. A SS pllon *11111 found in III alley com $500 to test and then upwards ofS2,000 to remove. Some boulehold ca-ic:als may find their way into sanitary or storm sewers and the City may incur pollulian conaol costs. Co-payments for the Roundup exceeded the ~ SS per whicle 90 that over SI 000 was raised in co- payments in this activity. Lear A Tin C 11111111 will be offered• bar camecutive Saturdays this fall. CGP m amounced dlis acavily far tM ... two Sllurdays in October and the fint two Sllurdays in Nowmber CGP provides this ..vice in c:oopention with City of LittlelOII IO the ...... oflla* U... ad Eapwoocl. The direct disposal COS1S of this activity are paid by *-leavma leaves or tires. Promotional costs are incuned by the 0-ieian. The GIN .... A-Tlla is canducled • part of a llllional c:anpaip duriJI& Eanh Week. The Glad Company provides the trash hip and the Commission enlists volllllleelS to accept the blp and the responsibility b orpnizina a neipborhood baled trash pick up activity. This hands-on project is symbolic of what can be accomplished when we all "pitch in." The Alley Clluap Demonstration Project is new for 1996 and intended to enlist nei&hborhood volunteers on a Samrday in October to "lake back" alleys that have been overtaken by debris and nealect-Thanks to a donllion by Laidlaw Systems, the activity will expand CGP's ability to aerve the community without expmding our budpt request. The Enpwood community benefits from our activities in 111111y ways. We help residents enjoy and enhance their neipborhoods, we work with titians to protect the storm and sanlwy aewer systems by facilltlti111 proper disposal of paints and oils, and we aid the City enforcemtnl staff by reducing the number of yard and alley complainls . I· • • • • '. . ... The Clean, Green and Proud Commission proposes 10 expand its educadonal efforts 10 the Englewood community in 1997. The Commillion is considerina the opportunities for providing the Keep America Bauliful curriculum 10 11'1& schools in nspome 10 requests received for usistance on issues of approplWe disposal, reme and recyclq. 3 Successful completion of our 1996 IClivitia demomla*5 our 131*ity 10 organize events benefiting Englewood. The --.;es UNd democ.s111a our lbili1y 10 build community and provide the services in COS1 eft"ec:1ive ways. In our amual report 10 '"Keep America Beautiful" (the parent orpniza1ion of Clem, Green and Proud Commission), we documented that in 1996 for every SI of local &owmment support &iven 10 COP, SI worth of benefus are mumed 10 the community. JUS110 recap bow we lllmCbed raoun:es: • COP collec:1ed co-paymea11 for Good Neighbor Days 10pther wi1h SI 0,000 grant increae the number of boulebolds ICCOIIIIIIOdlfed • COP coUec:led co-paymeall for HOUllbold Hamdous Malerial Roundup ofl'leain& almalt 25% of the dilpoul collS • COP pases llon& our COS1 for 1ires disposal ll the Leaf and Tire collec:1ion • COP held a community pnge Ille wi1h hims culled &om Good Neighbor Days • COP bolled Olher ftmd raisins ICtivi1ies included selling soda ll the Enpwood/Lildelon July 4 Community Festival and hosting III annual aolf tour.-it COP ac1ivi1ies are _ _.., ....... -ally drma. Community educllion c:ampaips for recycq and municipal IOlid W8lle collec:1ion are plamed. Commillioners Slafl'ed boodls • the "On Soudl Broadway" nelpborbood pdlllinp and addrmed the Neipborhood Wlleh poups pn11110Ci111 a clemer, pwl' and prouder &lpwood. COP received lipificant and positive .... CCM111t in 1996 and dilcmad ,..._. illues in the 1eaas 10 the edilor paps of the &lpwood Henld. COP w 1+ 1111 ~ • the Founb of July Celebiibiii and wiU be 1+....-I •the..--. &lpwood Parade. In lha.t, the Commission is III ac1iw and posi1ive force in the COllllllunity and ·+-a pod invel1lnenl in Enpwood's fulu.e. Plew help 11110 con1inue this impal1lm wort, by providina the City prapol1ion of ft.nds IO conduct Clean, Green and Proud IClivitia in 1997. Sincerely, ~'1)~ AM Nabholz, Chair En&Jewood Clean, Green and Proud Commission H.'tN4£1 ·-..--.. -.......... . ( • . .. •· 0 "a2x I •, • 0 I• • Citizen• to Save Colorado'• Publlc Truat Lande 11so .... ltlMt. lull 220 • Denwr,co 80202• (101)171-317111111 • Pa(303)17W7IO .6 C ...,_.., c11a1r BACKGROUND INFOR~TION ON AMENDMENT 16 lqAllmer - Co-Cllatra DenM:NI ~. u......, t/10.,,-, DNWllor ,.,..... c,-,, ei.11' ..,.,,., Dllflml Au1II Wltgllt - --"'-'HI-II • What arc the 11bHc &ruat •u•tT • When Colorado became a 1tate in 1176, the federal 1ov_emment . 1ranted 4.6 million 1urface and mineral acru to be mana,ed for vartou1 tru1t purposes . • The majority of the revenue 1oe1 to the school trust, which benefits public Jt-12 education. • Colorado's Constitution currently requires the State Land Board to "secure the maximum pouible amount" of revenue from manqement of the state trust lands. What 1, &be Colorado State •••• Board? • The Land Board coulsta of three full-time commi11lonen, appointed for six year terms by the Govemor and confirmed by the Senate. The board serves u the 1ole trustee for the state trust lands. Row 4° the aubUc KhPAI• beACQt from tbe ppbUc tryst lands? • In 1876, the acltool trust wu the sole source of income for Colorado's public schools. In 1994-95, income from the manqement of Colorado'• public trust lands wu $1 .7 milllon, leas than one-third of one psceat of the 1tate'1 S3 billlon public education bud1et. • Revenua from the we of achool tna1t lands cuDOt be llled to buy aew land1, but are placed lato a permanent 1cltool fand, m...,ed b7 the State Treuurer. Tllere ii aow approximately $229 million in the fund. Only the interest from the faad, not the fund Itself, can be used to 1Neefh public 1chool1. 6°• m c,11rad1'1 11bUc ton •1141 at du? • Driven by a 120-year old Coa1tltutloaal mandate to mulmize revenue, and without authority to buy land, the Land Board coatiaa• to aell and develop public tna1t lands. This la often In conflict with the dalre& of local 1ovenunent1, cltlzeu, and school dl1trict1. Over 1,000 acres of public trust lands have been 1old in 1994 and 1995 alone . The development of these lands contributes to unconuolled 1prawl and the 1011 of qricultural lands that help preserve open apace. • Of the orialnal 4.6 mlllion surface acres of public tru1t lands, about 3 mlllion acres remain. • ne 011anlzatloaal structure of the Land Board bu been cltaracterized In a study conducted by the Natural Raourcu Law Center at the Unlvenlty of Colorado u ·unwise and . .. unworkable.• Becaue of tills structure, the Land Board 11 lteld iccountable to no one. •. .. I . 0 ,-----------------------------·------------------------- • 0 ,. - .. What arc some c11mg1cs or thr11&1nc4 DYbUc &tA•t lands! • In the Colorado State Forest, located at the headwaters of the North Platte River adjacent to two wildemeu areas and the Rocky Mountain National Part, a Califomia developer taraeted 4,200 acres for a .new 1ti area, 700 condos and 150 homes . ·· · • In Colorado Sprin11, developers proposed a lu1.ury home development on a 640-acre forested open space parcel, known u Section 16, that provides major recreational trail linta1es betwMJ.1 Colorado Sprin1& and Manitou Sprin11. • In Routt County, the Land Board sold off several 35-acre parcels of land bi1torically leased for qriculture, over the objections of the County Commiuionen. . • In the Denver metro reaion, plans by the Land Board to crate a bou1ina development on the 26,000-acre Lowry Ranae property have alarmed school officials of the Cherry Creek School District over the impact it will have on local 1choois. Who arc Citiun• to Saye Colorado'• bblic Im•& '••41! • Led by Govemor Roy Romer, Citizens to Save Colorado'• Public Trust Landa is a .coalition of educaton, envlronmentall1t1, local officials, and bu1ine11 leaden . • Chan1in1 the mi11ion of the Land Board wu one of tbe top recommendations to come out of Govemor Romer'• Smart Growth proce11 . The coalition evolved from this procea1 and bu worked IO craft Amendment 16 and qualify the initiative for tile November 5 election. What will AmcndmCQt H 41? Jt will ••• • Require tile Iona-term atewarclllllp of Colorado'• pablic 1n11t luda, by reco1nizin1 that lon1-term econoalc productivity 11 depeadeat upon protectiq and enbancin1 beaaty, natural valaea, open apace ucl wildlife habitat. • Direct the Board to prevent 1lpiflcaat 1011 of lud -.. • Create a 300,000-acre atewardlbip trust. The tnaat wCMlld be let up daroup a statewide nomination process. Thia would pnaerve Colondo'1 molt precious public trust lands for open apace and wildlife habitat .for flature 1•eratiou. • Set up a more representative Board that Includes aeabenhlp with representatives from natural re1ource conservation; qrinlt11re; education; local 1ovemment and land use planniq; and a cld&en at t111e. • Generate more money for education by allowba1 the Sute Treamer to use money In the public school fund to invest in school di1trict bond luua, loan money directly to 1chool districts, and eahance tile credit of achool district bond i11u11. • Benefit local school districts by u1urin1 that re1ldentlal, commercial and Industrial development on public tna1t lands wlll not flartber crowd them or be a financial drain. Provide local school• ace•• to pablic tnaat lands for . bulldlna sites and outdoor education. I . 0 • • • AMENDME~T 16: Q and A l • Wbat 11 Ameadment 16! Aeed-t 16 would c-,e tu mt1Uoa of dt• State Board of Lad Coami•ioa.. from tbat of MC'Drinl "muimam rev•-· froa die -, .... , of die etate'1 J ailli~ -of pablic tnalt luda, to -of cnatiD1 •coalilteat nvea•• ovw ti-. Ia today', IINvy powtb climate i• Colando, die audit• i1 011tclated. TIie lead ooaaiMioa .. a three-member, 1ov .. or-appoiatecl board awvma lill YNI' taaa •• bave been obliptecl to Mll lead off to tbe M,ia.t bidder, -y Ii-ia oppoaitioa to local lad -polici•. TIie al• of pablic lrlllt llacll Ml beea iacnuiq, iaclaia1 ..,.. dlu 1,000 acna aold ia 1994 ad 1995 ·· aoae of wllida -critical opea apace parcell. TIie anmd-t wOllld curs• .... bNrcl to ...... .. trut ..... ia -Y• ..... couarve tbeir loq-term valae. 2 • Wbat are tlte pultllc trust •••••T Colondo'1 pllblic trut lacla ... pvn to die .... by tlll ledll'al pvera-t at 1tatelloocl primarily to ,._. .. iaooae to 1-,port it, public 1elaool1. Of tbe oripaal 4.6 million -. J aillioa _. today. l•c:o-from die rev•ue ......... by . daa pablic .. tnlt ludl coatribllte aboat Sl.7 cillioa towanl tit• etate'1 .....i ~ of SJ billion for pllblic 1ebool1 {I•• tban oae-tbird of -,...,. 1lle lad boanl l'UMI N¥aM off die pablic tnlt 1acla l,J ._.. _. .. oil, 111, arula1 ad l9CIUliOD, ead by Nlliaa off ,-oala. J • Will Aae .. aeat 16 rNace 1dtNI f•••l•tT No. Scliool cliltricta .. ,...a_. a Clrtaia .-of ,-.,..u .,._., bJ .. 1epa1a1we aac1a ,-. aicb ii aot .,.._... by rev•-,_. ... froa die ,altUc 1ra11 ...... ...,_. fNa .. Pablic Trut Lucia will CNtiaM to nppa.-1 die filca1 ...... .. Coloreclo 1ebool1. TIie An11f-t -Id nab die lr1llt -'-eficial to lcbool di1trict1, however, by nakiaa die trut'1 ,-nmmt ,.... available to buy or ,....... local acbool diltriot ._., • to .... lous to acbool dillricta. Facla for capital iav..._. la Nllool1, aapecially daON ia nara1 .,.., wllere property val.. .. loww, an difficalt to -by . 4 • Will Aneada•t H llelp preaene tlle paltllc trait la•••' Y•. a.... 295,000 ead 300.000 -of die aoat critical ,.... of re•l•iaa ,-blic trut ..... .... ... ....... tllloap • ......... aoclutioa procea, to be protec... ia a .......... trut. TIie ..... ia llla trait .... IIOI ... availallle for .... TIii Acx C C ..... .... promote better w of all ... lnlt ..... for tllair a., ... prodactivity. TIie MW _.... .,.... allow die ...,. _. ....._ la deterniaiq bow beet to lloQ ,-.re revaa.. • •' ,._.. .. 1tate'1 qrioal1 .. 1 lteritap _. MtllnJ lleuty . I . • ... w N X -0 I r .: f ; f I I l i I r ' r :. • ... .. UII JJ fi I J J r I 11 f; f II r, ~ ! 1.: t e-11· 11 t ~ . ,1 l E Oglf ••fl'··,1·· = 1 a. t · . r r I r .. , .; 'f · 1· .. J , f J.. · 1 f i t I =• .. • ::21 .., 11r .. I tJJ t ( l!tif I~ i i /n (l1 i 1( llt ! :J(t· ~11· ! ff" tl11; .. I ,jJ11 = ~li lf~:,t • (f;f!rl}I ! 1!1··· ' i 1t•Jrrri]I i lls.;1·:2.~1 r p , .. I ft • a. . =-ti I • (f' f ! 1111~ ~ ir 1'il 11·, i 1111. 1·r'i 1 r I f f • ~ I I 1 '] e. I = i ! I '"' i\ . r!t I ! 1•1t•t IJ i tt'~'~[i' i rj1l!i i ,~:111~} t ! i}i[lfll; I l1l•fl i :·,·J:!t~I I ~1·1,'1lf:l; I_,: .. f f (1 11! l J l t· tl (· I 1 I~ 1~ • (Ii' I~ r . I ~ • • -. , .r r I . 7 . ~ . ~ --------------------.,----------------------- • • r • • '· AIRAIP AIEICO)IE CC CO) llJNTY (l ~ PUBLIC TRUST LANDS ' Amount of Public Trust Land (surface acres): 40,165.82 Rank: 29 out of 63 ' Decrease of Public Trust Land since 1993-94 (surface acres): 157.76 Public Trust Lands Open For Recreation (surface acres): 0 Under High for Development (surface acres): 24.704 Location: -Buckley in Aurora: 62.67 acres on Buckley Rd., South ~ 6th -Eagle Guieb: 640 acres -Lowry : 4,• acres East ~ Aurora Reservoir -In Littleton: 1.485 acres near Littleton Blvd. and Prince I . 0 1 J2xl • 0 t• • EDITORIALS Preserve Colorado's lands Back in 1876, the feder- al aovernment pve the new state of Colorado a birthday pment: 4.6 million acres of public trust lands. For a time, manqe- ment of that property provided the only aource OUII VIIW: of fllDdl !or Colondo's lt'alllalrtollea public 1Cbool1. Today, ...... ,.,.. however. the public ttuat ......, 1anda con~triabout ----· S25 millioll) nnually (IIIOlt of which coma from OD proceeds of prior Illa). In c:aae, 125 million ii leu than one-bait of ~ percent of the ltlte'I $.1 billion educatioD ~ Nevertheleu, all tbete years later, Colo- rado'• constitution 1ti11 madatea that the three-member, ~-appoimed State Land Board obtain the "mmmum pouible amount" of reftllue from the maacemmt -or ule -of the trutt Juda. That means, aw Gov. Roy lamer, that the board ii coaatitutioaall required to Nil foreau , recreation area and open apace "to the m,hest bidder." In fact. men dllll a third of the lad srated to Colando bu been sold, with 8.000 aaa auctiaDed al in 1994 and 1995 alone. Romer wanta to cbaF !he .,.iam. He arlllft that the Swe Land Board lbauld be liven the latitude to take naa-maaetary factors into account u it IIIIIMlpl the re- . . public tnllt lada. ~ lbowd have ... broader pur- poae," be Mid. one that would inchade enc~ Iona-term a,ria&ltunl actmty , maintainmc the stability of niraJ communi- tin. prelefflJII wildlile habitat and "the beauty of Colorado in certain lutina ways." An initiative to accompliah all this by c:hanaina the wordina of the 1tate c:onatitu- tion wilf appear on the ballot in N~. I • , ---------~--------, . ,• • / • ·, • <. Alli.A.IP A.IHI (Q) 1E (C (Q) lUNT'JY {) § PUBLIC TRUST LANDS Amount of Public Trust Land (surface acres): 40,165.82 Rank: 29 out of 63 Decrease of Public Trust Land since 1993-94 (surface acres): 157.76 Public Trust Lands Open For Recration (surface acres): 0 Under Hip for Developmmt (surface acres): 24,7M Location: -Buckley ia Aurora: 62S1 acres on ~ Rd., Soulll ~ ~ -Eagle Guida: ... acres -Lo.·ry : 4,111 acres Ult ~ A•ron Reservoir -In Littlecoa: IAIS acres --UUlelon Blvd. amd Prilltt .. I . , -------------.,----------;·-----------------------::----: ... • <, Citizens 'to Save Colorado'aP.ubllc Trust Landi 15SO 11111a IIIHt • Sula 220 • DenV9r, CO 10202 • (303) 573-3171 d 15 • ,. (303) 913..S~~o. Honorary Chair RoyAomer - Co-Chair• Dan Allctlle c ......... u,., .. ~. • Name:------------------------ Orpnlzation (tf •)'): -------------~~-- .. nu. (If any): ----------....----------- Addi.-. _______________________ ~ Phone: ----------,_ ---------- Your help• a CDll1lllon member ol Otlzaw to Saw Cdanldctl P\Mc 'INll lallda 11 the by to WINNING thla tmportant dttan tnfttllllYe: 'l1we .. _.... Wayt )'Oil , can cantrtbule to the c:mJltton. ,..... Ill• llnow an the fDJlowlna llt ""1lllt ya11 • ~to helpWln tha can.-ian and poled apan ...... ' ,. ~ ':;.t • . -WJt1t,w • laltlrta a. edltar of my llxal MWlf F -..... •m•lbatkwt ID OIIIINta 5all9 ca.. ..... We 'INlt lalll. -l'NMdlnan•11benNpllmtolhec:a1, •rfar ....... ..:..·Halllnt•halaperty . .. , _ c.11na ta tnww1 ClllaW tn Ille cm, J "F · _ Pt Hll•tt an a1k1e In ar .. •llllNI MUillltlll .. _ Taidl'I ID laca1 p.-~ GOUid llllp wlh the c:at p ... -~~blllaat\ll'8dlafl'1llwll ..... - -Puttwta a lawn. In my yad -on. Cpllille delcltbe~ 'nwlk )'OU for .-111,. the c:ampllp Your euppart wll hllp p'OIICt Calarac:lo'I open lpllcel tor future ..,..tlanl and prol8d .. 1119'11 Nal)llln• ~ 1M ltall. PINN md tHl bm blCk 81 IOOI' • pmllbl& '1111 •1..-, ..... sn-a7ID. Pai4 IJDr Iii, Cl1lsen1 to la.,. Cnlorado 't MIN TNII Lu.te • Dee Wll9r, T-- . . ' • I . • I J . . ' ,. Ii ···-I r f 0 • ~ f i H nnu; flff lHH,' f If i 1r:n11 u,,, '111! lUI II f' f; u I i i1 ' ti! !'1 l 11 / r I JP , f 'f f . I I II I ; ;n ff f li fl f ! iH f fj n FM nr if'"' illl' P!!9 SH· ..... ,.,, .. "w ~ 'Uf'1ff ff af f1 ffji l'l'',it,-fur j 'ff r ,~ I f J f f f j l f f i I f f If !jllf HU'"J'Hf Uf lff HI 'J'f fJ'fH( d, lif lr,1'1'11111,' I f U f l 1 i ,,, l r ,, fr f f • r • r I . ~ .. '.r' ... . r ~ . -----------~--------~--. • WHEREAS ... WHEREAS ... WHEREAS ... WHEREAS ... WHEREAS ... ·, • <, Relohdiall Amendment 16: Public 1'nllt Landi CoJondo 's future peatly dependl on bow well we protect our open spaces and wiJdemeas areu. which comrllute to the DllUrll beauty and bollllliful wildlife that make Colorado aecond to none; .Population ,rowtb and urban sprawl poae real lbreala to our quality of life and the quality of life we will pus on to our cbildren and their cbildren; When Colorado became a Stale in 1876, die i*rll ,OWIIIIIIIIII pared 4.6 million surface and mineral ac1U of land for a ll'lllt to provide for pu* education. Colorado's pmmi COllllilutioall clirectM ii to "lecure the muimum possible amomu" of meaue from tbele IIDdl. wbicb bu led to the selliq off of o• 1.6 million of dlele precious pablic tnllt acrea to the hilhest bidder. Amendment 16 would mandate that the Stare Land Board cbaJl&e Ila mission from seDiq off our precious open space to aettq polidel which would produce "ralolllble and comiltent" income owr time and create a special 300,000 acre ateY."ardlhip tn11t to protect Colorado's prildne acres for future pnerations; · Amendment 16 would llelp ICbooll ,enaare more maue o• the Jona term and allow fllnda to be loaned to pooNr ICbool dillricla for bnflcti•p or to paramee or pun:bue ICbool dilUict boadl; NOW lHERER>RE. Be it raolYed, attonalY llldonea Amendment 16 on the No..._,. blDot wbicb would protect Colol'ldo's an:e open apaces and.,..,,.., public tn11t llnda from further deYelopmml: and. further raohed, adlortm a propa to inform the public of 11s auppon for Affllllltnnt 16 and IIIJIII diem to lend their individual and collectM aupport for die,_.. of Amel $WN 16. Pleue retim ttis form to: Cllzerw to Save Cokndo's Nile TNll IAnda 15]0 Blake Snet. Sule 220 Denver. CO 80202 (]03) 573-3871 ext.315 • . .. I· • l, • n • ) ff U n,r n 1Jfif Hf !I ff ff f j (!Iliff UH f Jl!J UH U r f u f i i1 i I ti f't !11 i i rt Ui I I , i' I I I Iii > I I UfiP!J',ifUl[i1~1n1r1111n111uuu1 f r 'd I I 1 11 r 1 · r 1 1 f , ! -· = . ', i If i 1 i I f i I .J 1 1:u1111111n11nnn1n1u 1p11pun . if I•• Hf I 1•1 111 9 111 1 111 U, 1 1 l 1 1 fr, I I 11 ~ t • , . ~ r . • 0 . • ' . ~ ~ . ' • • • ... ,. Citizens to Save Colorado'• Publlc Trust Landa 1130 Blala Snet• Sulla 220 • Denwr, CO 10202 • (303)17Wl71 1111 • Fa(303)173-3710 ,norary Cllalr ,yAolMr - :a-Cllalra Ill Allcllil ......... ill;z r Sepwnbet 23, 1996 Dar Metro Area Mayer, Thank you far allowing me to SDelk at your Metro Mayon Caucus meean, Jut -· · Friday. As I mentioned, tbe Co)ando Coaatitutioa currentl}' requires the State Land Board to maxinrize revenue &om ltllC 1IUlt lands, witbout reprd far the lon1-te.nn value of tbe land. It is critical to our future that we deYelop a wa_y to manaae these lands for the lon,-term benefit of Colcndo. Members of 1be enviroamental, education, agncultural community, business leaden, community leaders and others have all come toaethc:r to take action. · Concerned citizens &om all over Colorado have joined me in ID effmt to n=form the Constitution tbrouab Ama¥bneat 16, wbicb will be on tbis November's ballot. I would be honored if~ would mmwt tbis ca; effan. Your support is important to tbe succas of dlil ~-I bape ,-be a part of this c:mical effort. 1be Colcndo Maicipll Letpe llils llnlldy eadaned and I have included a copy of die ldicle tblt appeaed in dleir September DeWllelta'. Alllebed to dlil llllllr ii• eaclarWlll bllL I~ yoa to fill it out and remm it to die campeip I .-laawl 11111 die Mello .llaJID Clucas ii lllo coasiderina ID arpenaaeeJ .......... wllicla woaJd be YW1 llelpful M well Pleue feel fnle to ca1111ct die,.,,...... alice It (303) 573-3711 with my quemcaa. 'l1lat ,. far ani+Phla ... malll ~ du UllpCll1llt cilia efbt. ,... ,--, aa.w ...... c,1 Ho MIii ,._ a.a. • Dee ...,, ,._ ' ' .. • • • 0 , • • Amendment 16: Enhancing Open Space · Preservation Efforts T"" Colondo Mwu,ip,J lie schools . About $25 million WU of the initiative is deemed to be of Leque supports the pas-generated ;n FY 94-95 for public p-eatest importance in tmDS of pre- saae of Amendment 16, an schools. serving the lona-tcrm quality of life initiative that proposes to Approximately 60,000 acrea of in Colorado, especially coasiderina reform the S1l'UCtUl'e of the State sute lands have been idemified 11 that open space is beina lost to Land Board and broaden the consti-being "urban" in cbarlcter. Some of development at an alarmiq rare in tutional mandate govenun1 millions the more heated comrovenies about some pans of the state. of acres of state-owned lands the use and developmem of Stale This open space component will located tbroupout Colorado . lands have ariseD on tbae tncu. for . complement etf'onl at the municipal Analysis example near ManitoU Sprinp and level to achieve the ame purpose, Steamboat Sprinp. to comerve ap;cukural and ranch This proposal is, at least in pan. a A few of the more promiDellt Cea-lands, and to maimain physical Mp- product ofQov. Roy Romer's tures of the IDCUlft are: &ration between comimmities. Open "Sman Growth and Development" • it cbanaa the mission of the apace praervalion bu emerpd at initiative. It is board from or oar the top the apada for more bom of pneral .. maximizina rev-md more municipalities as an concern about the enue" to ''produc· iDc:nlum1 number of cities and preservation of ma reuoaable towns are earmarkma IUes for open open space, dis-md c:aaaiatmt apace pracrvatioa, calliq fbr uais- puies over the income over cm:e from the Grat Outdoors sales of stare cimc"dsoqb Colorado nu for dlia parpoae, mc1 lands for deYelop-varioaa 11111111; foqina relaliOlllbipl with aatioaal, ment in IOIDC • Nqairea tbe -and local illlCl CCIIIISWDC)' areas of the swe, board 1IO -aide poups. and the idea cbat 300,000 acra for Orber upecll of tbe illitialive cbai die coaaritutioaal Ille primarily u are of the pW muaic:iplJ iaaat provisions cur-Gplill lplCC; iDchade • proviliaD .. woald reatly aovemm1 • c:baqea tbe require die illlCl board 1IO camply the State Land compoam.-of wi11l local illlCl ._ Nplaciam md Board are simply archaic . tbe board from plaaa iD m-p,1 _. lads and a The measure cJlaqes the basic tine paid to six vol11111111r IDllllbln ~--widl local around Nies tlw direct the adminis-appointed by the IOVWDCr. and aownimmr aplrilac9111 ,... !ration of over 3 million acres of • provides variOIII apeciftc metb• 111119d OIi die board. sure-owned llDd localed throuahout ods to expand tbe IIIIDDlr iD wbich Colorado, most of wbich ii held in tbe stare lands and tbe moai• For IIION ~ or ,o lad lrUSt to support K-12 education. derived tbcrefrom CID Uliat scboola. your peno,u,I AflllO",,,. ~ Prescmly, tbe land board pnerates Municipal interests tWUIOltel IO 1M t:ay1llip 111/;Nor rcveaue from surface leua for •an· of A"'°""'6N 16, COU1et CIIINnl cultural and ruchiq operations, oil For many of die propamm of ID Sow ColorMO Publ/.c 1Jwt 111d ps royalties, iDtemt illcome, Amendment 16, includiq die aov· Ullllb. (JOJ) S1J-Jl11 wl tbe occuioaal ouuipt sale of emor himlelf, lbe prllllUDllll llp• property. The board opemes with a ment in favor of die illirillm ii tbl linll•·minded constitutional man-permanent let uida of II laut 10 date to "muimize revenue" for pub-percent of .... -owaed 1-la f'or open space . Tllis panicwlr f'llmre Slpllfflillr-Oaaller 1 "6 '--' I\ M ,, I • 0 - • • • • 0 • 8 a PROCLAMATION ,*~ WHEREAS, fire deaths due to smoke inhalation outnumber fire deaths due to ~~ burns by more than two to one; and WHEREAS, smoke detectors are our first line of defenae against fire, research shows that having a smoke detector cuts our risk of dying in a fire nearly in half; and WHEREAS, even though 90% of U.S. Homes have at least one smoke detect.or, estimates show that about one-third of all homes that have fires have smoke detec:tora that ant not working, usually because of dead or missing batteries; and WHEREAS, the National Fire Alarm Code requires smoke deteetora outaide each sleeping area and on each level of the home and recommenda teatinf smoke detectors at least once a month; and WHEREAS, a smoke detector that isn't working can't protect us from deadly smoke and fire; and "Let's Hear it for Fire Safety: Test Your Detectors!" is an important message to communicate to our community; and WHEREAS, the Englewood Safety Services Department, Fire Division is dedicated to the safety of life and property from devastating effects of fire; and WHEREAS, those members of the fire service are joined by other concemed citizens of Englewood, as well as businesses, schools, service clubs and organizations in their fire safety efforts; and WHEREAS, the local efforts of the Englewood Fire Division are supported by the activities of organizations such as the American Burn Association, the American Red Cross, the Congre11ional Fire Services Institute, the Fire Marahala Aaaociation of North America, the Intemational Allociation of Anon Inveatiptora, the Intemational Aalociation of Fire Chiefa, the International Allociation of Fire Fiptera, the International Aaaociation of Black Profeuional Fire Fiptera, the National Auociation of State Fire Marshals, the National Fire Protection Aaaociation, the National Volunteer Fire Council and the United States Fire Administration; NOW THEREFORE, I, Thomu J . Burns, Mayor of the City ofEn,lewood, Colorado, hereby proclaim the week o{Oalllar ... .....,... ......... ,ms JIIISYDft'IONWDll which commemorates the great Chica,o Fire of 1871 , which killed 250 peraona, left 100,000 homeless and destroyed more than 17,400 buildinp. And call upon the citi&ena of Englewood, Colorado to participate in fire prevention activities at home, work and ac:hool and to heed the message : "Let'• Hear it for Fire Safety: Test Your Detectors!" as the 1996 Fire Prevention Week theme 1u,reata. GIVEN under my hand and aeal this 7th day of October, 1996. Thomas J . Burns, Mayor ·a Pt1r'\teJ on Recydea Paoer :..._ •• I • I- • • , • er--------------------------. 0 , . • I., PROCLAMATION WHEREAS, the vitality of our nation depends on how eafe we keep our homes, neighborhoods, and communities, because crime and fear diminish the quality of life for all; and WHEREAS, people of all ages must be made aware of what they can do to protect themselves, their families, neighborhoods, and workplaces from being harmed by violence, drugs and other crime; and WHEREAS, the personal iajury, financial 1088, and community deterioration resulting from crime are intolerable and need to be addre88ed by the whole community; and WHEREAS, effective crime prevention programs excel because of partnerships among law enforcement, other government agencies, civic groups, schools, and individuals as they help to rebuild a sense of communal responsibility and shared pride; and WHEREAS, crime prevention initiatives are more than self-protection and security, but must promote positive alternatives to delinquency and drugs among young people and emphasize the power of youth to better communities; NOW THEREFORE, I, Thomas J. Burns, Mayor of the City of Englewood, Colorado, hereby proclaim tbe ....ta alOatialla' 1111 as: in the City of Englewood and call upon all citizen,, SoVemmental agencies, public and private institutions, and businesses to increue their participation in our community's prevention efforts and thereby promote rood citizenahip. GIVEN under my hand and seal this 7th day of October, 1996 . Thomas J . Burns, Mayor 8 b ·e Printed on Recyc l•c "aoer = • 0 I • 0 0 .. • PROCLAMATION WHEREAS. it is known that several hundred women will be diagnosed with breast cancer thi s year and far too many deaths will occur from this disease : and WHEREAS , early detection could spare as many as one third of those lives ; and WHEREAS , re search shows that a very small percentage of Colorado women are getting screening mammograms in accordance with national accepted guidelines ; and WHEREAS. many agencies and health care professionals have joined together to encourage Colorado women to become aware that they are at risk and to check with their doctors about thi s devastating disease and about the need to get a mammogram : NOW . THEREFORE, I, THOMAS J. BURNS, Mayor of Englewood, Colorado. proclaim October, 1996 as BREAST CANCER AWARENESS MONTH in the City o f Englewood . Colorado. GI VEN under my h and and seal this 7th day of October , \996 . Thomas J. Bums, Mayor •r--------------------------- 0 • I PROCLAMATION {' WHEREAS, the United Nations declared the decade of the 90's u the International Decade for Natural Diaaater Reduction; and WHEREAS, the goals of the Decade and the American Red Crou in ita community diauter education pro,ram are: To significantly increase community disaster education by: • Delivering education and training activities deaiped to raiae the level of public preparedneaa; • Targeting special segments of the public, npecially thoee at ll'Uteat riak; • Collaborating with the media to improve community preparedneu and response; and WHEREAS, neither ll)Vernment nor voluntary emerpncy response orpnizationa can be everywhere helping everyone who needs usiatance immediately followin1 a cliaaater; and WHEREAS, there are preparedneaa actions people can take to increue their chances of survival and ability to cope in a ranse of diauter 1ituationa; and WHEREAS, became individual citizens, familiea and neipborbooda are always the tint line of protection in a diauter, people have a reapouibility to learn about the hazards they face and bow they can prepare for them; and WHEREAS, the City of Enslewood Department of Safety Servic.. baa implemented a Community Emerrency Response Team Pro,ram; NOW THEREFORE, I, Tbomaa J. Burns, Mayor of the City ofEqlewood, Colorado, hereby proclaim tbl4ilr., .......... __ in the City of En1lewood, Colorado and encoun,e all En,lewood citiwll and buaiww to promote this International Decade for Natural Diauter Reduction. GIVEN under my hand and aeal this 7th day of October, 1996. Tbomaa J . Burm, Mayor T ·e Pron te d o n Rec ycled ~ac:e< ~ - . . .. I • 0 .-------------'• • • • 0 • PROCLAMATION WHEREAS, the Englewood Buainesa and Professional Women's Organization strives to elevate the standards for women in buainess and in their professions, aa well as to promote the interests of business and professional women; and WHEREAS , the Englewood Buainess and Professional Women'• Organization strives to bring about a spirit of cooperation among buainess and professional women of the United States and to extend opportunities to business and profeuional women through education along the lines of induatrial, scientific, and vocational activities; and WHEREAS, working women of the United States comprise over 5()'ll, of the employed population of this country, and they contribute substantially to the sound working st ructure of our nation; and WHEREAS, it ia the desire of this Council to honor America's working women who are devoting their time, talents, and energy to aaaiat other women to achieve the recognition and respect they deserve in the business world; NOW THEREFORE, I, Thomu J. Burm. Mayor of &be City of Englewood, Colorado , do hereby proclaim the week oto..a.r• • up II, 1111 •: N1tl•al h±••W-'aWeell in the City of Englewood, Colorado and urp all citizem to join in the observance by living their support to this organization, itl memben, and the working women of thia community not only during this week, but through the weekl that follow. GIVEN under my band and Hal this 7th day of October, 1996 . Thomu J . Burn,, Mayor .. .. 8 e I • • <. 7-17-19516 4: 1SPM • 761E.BlraAwmae ~ Coloado IOllO July 17.1996 11le H.rmmble 11lomls' 1. Bums Mayer. C-11:y ofEapwood Maabal ofdae Eapwood City .CoaDc:il )400 s. Ela SINet &pwood Colando IOl 10 Oar Mr. Burm aad Mlmhm ofeo-:il: JUL I 9 It is with Npet I idxm yo11 I•~ ID accept my appo" I +" ID die~ Clem. Olem aad Ploud Conwriseim I•._.. .. City Camacil lpl*oved my DOMiNriaa. bowew:r dlll ID aiNIII& claap ill my....,... I will be'mlJle ID deYOIC 1beDIC y ..,.f,-IObeacmerilP:t' ..... ID .. C fW- SiDcawly. µb ,., t-.m a:Clla.O.. .. .._.C Ida • . P.2 If .. I . 0 1 32xl . .. • ... •• 3265 So . Race St. I 6 TO: Englewood. CO 80110 September 17, 1996 Mr. Doug Clark. City Mamaer Englewood City Council / Members of the Englewood Water and Sewer Board FR.OM: Don Fullerton SUBJECT : Raignllion from the Enpwood Water and Sewer Bolnl It ii with great resret that I 1111 ammittiac my raipation to the W..-and Sewer Bolrd. I haw bid the opportunity to mve on this board for 1pp1oximllely 26+ yean and haw enjoyed that opportunity immalllly. (I WU appointed for my fint ............ City Coumil member in 1967) It bu been a privilege to haw bid this mocialioa with 10 mny fine citizens of Englewood . I ltl'On8IY recommend the appointment of Mr. Gray Clark as my replacement I know 0ray very we0, appreciate bis eaainees ina background and bis um interest in becomins a active member oftbis board . Gray bu visited the Board on one occuion and was impiessed with the work we acc:omplilb for the City. I know the decilion ii the raponsibitity of the City Council but I hope you wiD pe Gray your comidenllion . ............ • , DIii Odaber7, 1- ·, . ,. • <. 10 a 1 COIINCI WL MD PIIEVIOUI COIN:IL. M:nON ...... •for• Olllll•m app,o.ti,g cllangll lo TIie 5, a..-1 (Qlnlrll) ........... ................... ........ a.., 1'11111111 for• Oldlnance m*8I c:llangla to TIie 5, a..-1 .... ca, Cella,_,,___ 8111 Cllapllr' flam .. fflfe! IIW llcllllea rnorllOflum elllallll bf lie CIJ Coundl. Atlle lllyt, 1• 11u11r Nlliorl, llaff...._. ...................... Coundl. OnJune 3, 1•. 1119 Cly Council INd Ind PIiied Od•m 25, ..._ fll 1W 011 IIIII ....... 1'1111 Onlnlnce Wllllllllliid 1119 fflClflllDrtum lo run flam June 10, 1• 1o Dlolnlllll" 10, 1•. RKORZEIDB> ACTION 8laff Wllftllllll Cly Council approve 81111111 for• ........ UCKGROUND. MM.ftll, MD ALTBINATIVD Wirilu TIie 5, Cllaillll' 1 -parl flllle ................. OIi June 10, 1-. TIie pnwlllol• In a..-1 .. ..... In 11111n _, applJlo al llcllllea 111111d under TIie 5. Tilll9 .............. niide lolhla Cllapllr'. TIii IIIOll llglllk:llll dllllge II 1119 IWlllll' In lllhlclh fNI .. • 2 7 Piid. Fw wa be,..... Ind • .., Cly Councll l9ICIMlon. Nollanlllhea .... ldlllllled. PINNICIM. .. ACT 1'1111 a._,doel llCII In ............ Genlrll fund ...... LIIT OP AffACIZEtTI Copr ... 1111 for• ..... Copr of propwd TIie 5, a..-1 •. • , • ---------------.,-----------------------------.....-----,, ORDINANCE NO. _ SERIES OF 1996 0 • BY AUTHORITY ABILLPOR OOUNCU. BILL NO. '9 INTRODUCED BY COUNCIL IIJQQlBR ______ _ AN OIDINANCB ltBPBALING T1TLB 5, CIIAPl'Bll l, or THB ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO GENERAL UCENSE PROVISIONS AND D-BMACTDfG A NEW CIIAPTD 1. WHEREAS, the Englewood City Council establiahed a temporary •uapenaion or moratorium of certain miscellaneous bmin .. licenaea for a period of •iz mcmtha with the passage of Ordinance No. 25, aeries of 1996; and WHEREAS , the moratorium or temporary IIUSJ)l!D8ion of miscellaneous business licenses included General License Proviaion1; and WHEREAS, the provisions in Chapter 1 are pneral in nature and apply to all license& iBBued and eatablished under the other proviaiODI of Title 5; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: So;tjpp 1. The City Council of the City of Enpewood, Colorado hereby amends Title 5, Chapter 1, of the Enclewood Municipal Code 1985, by repealm, ad~ Chapter l, to read u follow•: CIIAP'IDI GENERAL PIIOYBONBAPPUCAIIUC 10 ·---· '111AT IIU8T OBTAIN A UCBNIE OR PBIIMIT 8EC110N: 5-1-1 : DEFINITIONS 5-1-2: UCENSE OR PERMIT REQUIRED 5-1 -3 : DUTIES OF CITY UCENSING OfflCER 5-1-4 : APPLICATION FOR UCENSE 5-1-5 : DETERMINATION OF UCENSE OR PERMIT FEES AND TERM OF UCENSE 5-1-6 : TRANSFERS AND CHANGE OF LOCATION FOR UCENSES 5-1-7 : UCENSE OR PERMIT AVAILABLE FOR INSPECTION 5-1-8 : HEARINGS, ORDERS AND APPEALS 5-1 • 1: DEFINl'l10N8: FOR THE PURPOSE OF THIS TITLE AND CODE IN ALL MATTERS RELATING TO THE UCENSING OR PERlll'M'ING OF ANY BUSINESS, THE FOLLOWING TERMS, PHRASES, WORDS, AND THEIR DERIVATIONS SHALL HAVE THE MEANINGS GIVEN HEREIN: ' < I . 0 • cnTUCIINIINGOfflCBB OR LICEN8ING <>nlCD: LICENSE: LICENSE BOLDER: MANAGER: •, • • <. r 'lbe employment of one or more penon1 for the purpoee of Ul'IWIJ a livelihood, activiti• of penom to improve their eccmomic conditions and desiree, and pnerally related to c:ommen:ial and induatrial enrarementa. 'lbe City llaDapr of the City of Bnpewood, Colorado, or the duly appointed delipee. To carry CID or tab put in the operatiCID of a .,.___ Al-ta, -plo,eN in their capacity u apnta, or other reprwmtativ• of any IDtity dOUlf baainNa in tbia city llball be penGDally reapamible for compliance with tbia title. A licenae or permit need not be obtained for each branch of an Ntabliabment, if the bu.-and brancma are operated leplly u GDe buain .. euept u required by any other chapter in tbia title. Written permiuiGD to punue or carry on a buain .. IUbject to tbia Title. A penon who baa the authority to mpp in a ~ requind to be licmaed by tbia Title. An incliridual who ...... clincta, npemw, ~ and edwiniwww the acta and tramKtiCID8 of the ..... - _.._ta of my eetaNf+ at pwaal by tbia Artide•wbo. ...... Ilia ---adiaa. ..... -... sdrHstsn the d'ain of any aucb weN++ at Writtaa pw"mialiaD to panae or carry CID any ~ DOt aullject to Ii_., ..... tbia Title • apeciftcally aduded ,._ okatninr • ----pwmt by .... Code, 'fttle, ordin-.... •tat.e. ........ law. A.,._ who baa tbe audwaity to ...... in a ---nquind to be__. • pwwait by tbia Title. 1-1°11 LICENIIE OR PmUIIT lmQUIIISDI IT 8IIAU. BB UNLAWPUL l'OR ANY CORPORATION, COMPANY, PARTNSR8111P OR INDIVIDUAL 2 .. I . • . .--------------------------------,, • t• - TO ENGAGE IN ANY BUSINESS WITHOUT A LICENSE OR PERMIT AS REQUIRED BY THIS TITLE. 1-1-S: DUTIES OF crrY UCEN8ING OfflCER: A. THE LICENSING OFFICER SHALL COLLECT ALL APPLICABLE FEES, AND ISSUE LICENSES AND PERMITS IN THE CITY'S NAME TO PERSONS QUALIFIED UNDER THE PROVISIONS OF THIS TITLE AND SHALL: 1 . PROMULGATE AND ENFORCE ALL REASONABLE RULES AND REGULATIONS NECESSARY FOR THE ADMINISTRATION AND ENFORCEMENT OF THIS TITLE. 2 . PREPARE AND PROVIDE FORMS NECESSARY TO ISSUE LICENSES AND PERMITS. 3 . REQUIRE APPLICANTS TO SUBMIT ALL AFFIDAVITS AND OATHS NECESSARY TO ADMINISTER THIS TITLE. 4 . NOTIFY APPLICANT OF ACCEPTANCE OR DENIAL OF APPLICATION AND STATE IN WRmNG THE REASON(S) FOR DENIAL . 1-1-4: APPLICATIONFORUCENSE: A . EACH APPLICANT REQUIRED TO PROCURE A LICENSE OR PERMIT UNDER THE PROVISIONS OF THIS TITLE SHALL SUBMIT AN APPLICATION FOR SUCH LICENSE TO THE LICENSING OFFICER. THE APPLICATION SHALL: 1 . BE IN WRITING, USING FORMS PROVIDED BY THE LICENSING OFFICER. THE FORM SHALL INCLUDE A SIGNED AFFIDAVIT BY THE APPLICANT INCLUDING: i . THE NAME OF THE LICENSE OR PERMIT HOLDER, AND THE NAME(S) UNDER WIUCH THE BUSINESS IS CONDUCTED. ii . THE ADDRESS AND THE SPECIFIC ACTIVITY TO BE CONDUCTED . iii. ANY INFORMATION REQUIRED BY ANOTHER CHAPTER OR SECTION OF THIS TITLE. 2 . INCLUDE OTHER INFORMATION WHICH THE LICENSING OFFICER SHALL FIND REASONABLY NECESSARY FOR THE ADMINISTRATION OF THIS TITLE. 8 . THE APPLICANT SHALL SUBMIT ALL APPLICABLE FEES TO THE LICENSING OFFICER PRIOR TO A REVIEW OF THE APPLICATION, SAID FEES SHALL NOT BE REFUNDED. 3 I . 0 • .,------,r----------------,-------- 0 t• . ' • C. THE LICENSING OFFICER HAS THE AUTHORITY TO DENY, SUSPEND, OR REVOKE ANY APPLICATION UNDER THE FOLLOWING CONDITIONS: 1. THE LICENSE OR PERMIT WAS OBTAINED BY FRAUD, MISREPRESENTATION, OR FALSE STATEMENTS. 2 . THE LICENSED OR PERMITTED ACTIVITY IS A PUBLIC NUISANCE AS DEFINED BY ORDINANCE OR STATUTE . 3 . THE LICENSE OR PERMIT WAS ISSUED IN ERROR. 4 . UPON GROUNDS PROVIDED BY ANY OTHER CITY APPLICATION REQUIREMENT, ORDINANCE, STATE STATUTE, FEDERAL LAW, OR REGULATION OF THE CITY, STATE, OR FEDERAL GOVERNMENT. 5 . THE APPLICANT IS IN DEFAULT OF ANY INDEBTEDNESS OR OTHER OBLIGATION DUE THE CITY . 6 . THE PROPOSED USE OF ANY PREMISES FOR WHICH THE LICENSE IS SOUGHT IS NOT AUTHORIZED BY ZONING, BUILDING, HOUSING OR OTHER REGULATIONS . 7 . FAILURE OF THE LICENSE HOLDER TO SUBMIT A NEW APPLICATION BEFORE THE EXPIRATION OF A CURRENT LICENSE . D . AN APPLICANT, WHEN DENIED A LICENSE OR PERMIT, SHALL NOT ENGAGE IN THE BUSINESS FOR WHICH A LICENSE OR PERMIT IS REQUIRED . 5-1-5: DE'IDIIINA110N OF UCENBE OR PBIIIIITftm AND 'ID1II OF LICENSE: A . THE CITY COUNCIL SHALL DETERMINE AND SET BY RESOLUTION ALL FEES REQUIRED UNDER THIS TITLE . B . UNLESS OTHERWISE SPECIFICALLY PROVIDED, A LICENSE OR PERMIT SHALL EXPIRE ONE YEAR FROM THE DATE OF ISSUE. NO REFUND OF ANY PORTION OF THE LICENSE FEE SHALL BE MADE . 5-1-8: 11tAN8l"EB8 AND CIIANGB OP LOCA'l10N 10ll LICBNIIB& A . UNLESS OTHERWISE SPECIFICALLY PROIDBITED, A LICENSE OR PERMIT HOLDER HAS THE RIGHT TO TRANSFER THE lJCENSE OR PERMIT TO ANOTHER PERSON OR LOCATION AS PROVIDED : 1 . THE LICENSE OR PERMIT HOLDER REQUESTS A TRANSFER FROM THE LICENSING omCER; AND 2 . TRANSFEREE MEETS ALL CONDfflONS REQUIRED BY TIUS TITLE ; AND 4 •. I· 0 • --------------c.~---------------~-----------,.---, • 3 . LICENSE OR PERMIT IS SURRENDERED; AND 4 . THE LICENSE OR PERMIT HOLDER OBTAINS WRITl'EN APPROVAL FROM THE LICENSING OFFICER. B . UPON APPROVAL OF THE TRANSFER THE LICENSING OFFICER SHALL COu.ECT A TRANSFER FEE AND ISSUE A NEW LICENSE OR PERMIT FOR THE UNEXPIRED TERM OF THE TRANSFERRED LICENSE OR PERMIT. 1-1•7 UCENIIE OR PDIIIT AVAILAJll,E FOil lN8P&C'l10N: THE LICENSE OR PERMIT HOLDER SHALL MAKE THE LICENSE OR PERMIT IMMEDIATELY AVAILABLE TO ANY PERSON FOR INSPECTION AT ALL TIMES. 5-1-8: IIEARING8, ORDEB8, AND APPEALS: A. WHEN A CITY OFFICIAL REPORTS A VIOLATION OF THIS TITLE, CODE, LAW, STATUTE, OR ORDINANCE, THE LICENSING OFFICER SHALL ISSUE A PROVISIONAL ORDER TO COMPLY. 1. THE PROVISIONAL ORDER, AND ALL OTHER NOTICES ISSUED IN COMPLIANCE WITH THIS TITLE, SHALL BE IN WRITING, SHALL BE SERVED AS PROVIDED IN THE ENGLEWOOD MUNICIPAL CODE, AND SHALL NOTIFY THE LICENSE OR PERMIT HOLDER OF THE SPECIFIC VIOLATION(S). IF THE LICENSE OR PERMIT HOLDER CAN NOT BE SERVED IN THIS MANNER, THE PREMISES MAY BE POSTED. 2 . BEFORE THE PERIOD OF COIIPLIANCE EXPIRES, AS NOTED IN THE PROVISIONAL ORDER, THE LICENSE OR PERMIT HOLDER OR THE CITY MAY SUBMIT A WRITTEN APPLICATION FOR HEARING. THE LICENSING OFFICER SHALL ORDER A HEARING AFTER REVIEWING THE APPLICATION . 3 . THE LICENSING OFFICER SHALL ORDER A HEARING WITHIN FOURTEEN (14) DAYS OF THE RECEIPI' OF THE APPUCATION FOR A HEARING . 4 . THE LICENSING OFFICER SHALL MAKE A FINAL DECISION IN WRITING, THIRTY (30) DAYS AFTER THE CONCLUSION OF THE HEARING . B. THE LICENSING OFFICER SHALL HAVE THE AUTHORITY TO REVOKE OR SUSPEND LICENSES AND PERMITS, TO EXTEND THE TDIE FOR COMPLIANCE, TO GRANT A NEW HEARING, AND TO CHANGE, MODIFY OR RESCIND ANY RECOMMENDATION OR ORDER . C. WHEN THE CONDUCT OF ANY LICENSE OR PERMIT HOLDER, AGENT, OR EMPLOYEE IS SO HAZARDOUS TO THE PUBLIC HEALTH, SAFETY AND GENERAL WELFARE AS TO CONSTITUTI A DANGD TO HEALTH , SAFETY, AND WELFARE OF THE PUBLIC OR GIVE RISE TO 5 ..... ... I . • . ' • '· AN EMERGENCY, THE LICENSING OFFICER SHALL HAVE THE AUTHORITY TO SUMMARILY ORDER THE CESSATION OF BUSINESS AND CLOSE THE PREMISES OR TO SUSPEND OR REVOKE THE LICENSE OR PERMIT. UNLESS WAIVED IN WRITING, WITH TEN (10) DAYS AFTER THE ISSUANCE OF THE SUMMARY ORDER, THE LICENSING OFFICER SHALL CONDUCT A HEARING. THE UCENSING OFFICER SHALL MAKE A FINAL DECISION IN WRITING, TIURTY (SO) DAYS AFTER THE CONCLUSION OF THE HEARING. D. ANY LICENSE OR PERMIT HOLDER AGGRIEVED BY A FINAL DECISION OF THE LICENSING OFFICER SHALL HAVE THE RIGHT TO APPEAL TO AN INDEPENDENT HEARING OFFICER APPOINTED BY THE CITY. A WRITTEN APPEAL MUST BE FILED WITH THE CITY MANAGER WITHIN TEN (10) DAYS OF THE FINAL DECISION BY THE UCENSING OFFICER. 1 . THE APPEAL SHALL INCLUDE A COPY OF THE ORDER OR DECISION OF THE LICENSING OFFICER AND A STATEMENT BY THE LICENSE OR PERMIT HOLDER SETTING FORTH THE BASIS OF THE APPEAL. 2 . THE CITY MANAGER SHALL FIX A TIME AND PLACE FOR HEARING THE APPEAL AND SHALL GIVE NOTICE TO THE APPELLANT AND LICENSING OFFICER. 3 . THE INDEPENDENT HEARING OFFICER SHALL BE LIMITED TO A DETERMINATION AS TO WHETHER THE LICENSING OFFICER'S FINDING WAS ARBITRARY AND CAPRICIOUS. 4 . THE FINDINGS OF THE INDEPENDENT HEARING OfflCER SHALL BE GIVEN THE APPELLANT AND THE LICENSING OFFICER. 5 . IF THE INDEPENDENT HEARING OFFICER MAKES A DETERMINATION THAT THE LICENSING OfflCER'S FINDING WAS ARBRITARY OR CAPRICIOUS, THE LICENSING OFFICER SHALL FOLLOW THE PROCEDURES AND HAVE THE POWERS SET FORTH UNDER PARAGRAPHS, A, B, AND C, OF TIDS SECTION TO MAKE CORRECTIONS AND ISSUE A NEW FINAL DECISION . E . NO CIVIL OR ADMINISTRATIVE ACTION SHALL BAR OR PREVENT PROSECUTION IN MUNICIPAL COURT FOR ANY VIOLATION OF TIDS CODE. $ec:tion 2. Wm c1au111 The City Council, hseby ftnda, det.ermin•, and declares that this Ordinance ia promulpted under the pnenl police power or the City or Enelewood, that it ia promulpt.ed for the a-Ith, safety, ud welfare m the public, and that this Ordinance ia n-.ry for the prwervatiOD m a-Ith and safety and for the protectiOD m public con•enience and welfan. Tbe City Council further determines that the Ordinance bean a ratiODal nlatiOD to the proper lepslative object IOUlht to be obtained. 5@c;tigp 3. S.ytrahility If any claw, aentace, puacraph, ar part m tbia 6 ..... • .. I . 0 '32 x I • • • • Ordinance or tbe application tba'8GI 1D 11111 ,._ or cin:wutall-abaJl for any reuan be alijudpcl by a comt at~ jmildidion in•alicl. aada joqment lhall not affect impair or in•alidat.e die remainder at tllia ~ or ita application to other-pel'ICIDI or ~. Sestim f Jna,;pte,pg Qrdinenme All .._. Ontinncx ar paniam tbenaf incmliateat or caaflictint with tllis Onliunce • ay pmtima banaf _.. benby repealed to tbe at.mt at nch IDcme'rtzncy or ecmlict. Sertim A Bffe:& I(,.,,, PE eedtficeMm Tbe ...,... • modiflcaticm at any prvviliaD attbe Code at tm City at.,..._ b., tllis Onliunce lhall aat nleue, atiJtpilb, alt.s, modify, or c:b-. in whale or in pat ay ,-alt)', bflitm-e, or liability, eitbar cml .. crimiaal, wbida ...... baft .,_ mcmnd --l1lCb pnmaian. and each )ll'OriaiOD lball be tnMed ad 111111 • atiJ1 remainin1 in force for die purpaeee at IUStainin, 11111 and all .....-acticma, IOiu, procNdinp, and prmecutiam for tbe ...,_t oftbe pmalty, bflitwe, or liability, u well u for die pmpme at auataininl any jaqmmt, decne, • crier wbicb can • may be rendered, mt.end, • made in aach adkma, mita, pl'D a 11 dinp, or proNCQtiam. Sertim 6. Eaalg. Tbe Pmalty Ptovilian at B.K.C. SectiaD 1+1 lhall apply to each ... eftl')' yiolatiOD ol du ~. lntroduced, read in full, and puNd on tint raadins on tbe 7tb day of October, 1986. Publiabed u a Bill r.. an Ontinmm on tbe 10th day ol October, 1986. ATTEST: Loucriabia A. Ellie, City Clerk I, Loocriabia A. Ellia, City Clert attbe City at ...... CellndD,--, Cll'tily tbat tbe above and farlaainl ia a true eapy at• Bill for an Onlbaanm, inaa d1c11l, nad in full, and,.._. on tint Nediq cm tbe 7tb-, olOdallar, 1111. 7 . ' • --------------------.. ,~---------------------------,--......... - • ·. • COUNCIL COI.IINCATION Om ~--8-,.ct Odober7, 1188 •for• ..,,....nc, onll•a applO\rlng chalges lo TIiie 5, 10 I tt a....,2~and l9fflOVtng .. a..--from ... ffllll'llllllum . lnlll*dBy I,.. ......... -of Flnanclal ServlcN Dnclol' COUNCL GOAL AM> PREVIOUS COUNCL ACTION This blN for• onllnance makes changes to TIiie 5, Clllll(w 2 of Ille Cly Code, and ramoves 11111 a...., from Ille rnllcellaneous llcetllN rnorlllortum In Ille City of Englewood. This 1111 for ordlrwlC8 wll allow Ille City's llalf · to l'NIIIM lallng Contractor llcetllN. At the May 8, 1188 •udy Nlllon, uff dllculNd Ille propoeed moralOrtum wllll Ille Council. On June 3, 1•. the City Council rud and paalld Ordinance 25, Series of 1• on flnlll rudlng. This Ordinance 9llllblllhed the moratorium to run from June 10, 1• to December 10, 1•. RECOMMENDED ACTION Staff recommends Cly Council approve 11111 1111 for • ordinance . IIACKOROUM>, ANAL va•, AM> AL TEIINA1M58 ID!NffllED Tille 5, Chapter 2 was part of the fflOflllOftum tllal began on June 10, 1•. MUM18111111C811Ns .. ~ to ensure thll qualNled pet9Clnl provide amu11ffllla and pullllc ... lo lie pullllc. TIie dalgN made lo 11111 Clllll(w lndude removing replative .,....., ce.tglng how,._ .. ._mined and-. removing conbadldoly language, ..novtng Artic:IN A and I and lr1coq10J11ll111g tlllm lnlo one Clllpler, •wall• clNnlng up the language and terms UNd. A ......... llcerlN for._ II nee: 111 lfl due lo the llnc:lion 11111 ecllvlly ha on young people and poalble crtmklal ecllvlty (e.g. gambling) thll may,_..., tllll ecllvlty II not ........ TIie IIClla ...... managers of emUNment 8llabliltllMnla be reglll1 rad to...,. lndlvlduala wllll uildlllnlllle beclgfoundl .. ICfNlled from 11e1ng Involved 1n 11111 llcerlNd ecllvlly. Pnwlllol• of 11111 .._ mo lndude the cay 1n1pect 111e premlles of public dMc8I and bells to ...,. Ille safety of Ille public. No alematlves were Identified . FINANCIAL .. ACT The City of Englewood colleded sues 1n lfflUNffleftt 11ce1we ... 1n 1111. UST OF ATTACHMENTS Copy of • bll for an onllnance Copy of propoNd Tille 5, Chapter 2 • . .. I· • ORDINANCE NO . _ SERIES OF 1996 • - BY AUTHORITY A IIILL l'Oll OOUHCIL BILL NO. 50 INTRODUCED BY COUNCIL ....... ~~~~~~ AN oaDINANCB UPIW.ING 'l'ITLB I, CIIAP'l'Bl8 IA, AND 2B, OP TBB ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AMUSEMENTS, PU8UC DANCBS AS WBLL AS AIIU8BIIBNT DSVJCl:s AND D-BNAC'fflfG A NEW CHAPTER 2, AND WHICH REMOVES AMUSEMENTS FROM OIIDIMANCS NO. 115, nau:a OP 1111 WHICH PBRTAINB TO 'l'IIB MORATORIUM OF UCENSES IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood City Council eatabliahecl a temporary IUBpMWOD or moratorium of miscellaneoua buainNa liceDN8 for a period of m months with the passage of Ordinance No. 25, aeries of 1996; and WHEREAS, the moratorium or temporary 1uapemion included amuaement licen1e1; and WHEREAS, amueement licen-are required to enllUl't! that qualified penona provide amueementl and public dances to the public; and WHEREAS, the chanpl made to tbil Chapter include removing repetitive language, changing bow r.. are determined and Ht, removing CODtradictory language, removing Articles A and Band incorporatinc them into on Chapter, u well u clarifying the laquap and terms uaed; and WHEREAS, a eeparate liceme for amuaemeota ia n-.ry due to the attrac:tiOD thi1 activity bas on )'OWll people and the potential for criminal activity (e.1. gambq) that may result wt-tbil activity ia not n,ulated; and WHEREAS, mana,en of amUNment enabliebmenta are J'9liatered to enaure individuals with bacqrounde that praent a danpr to cbildnn are ecreened from being involved in tbil licenaed activity; and WHEREAS, the City lball inapect the premiNa for public dances and balla to enaure the wety of larp ptberinp of the public; and NOW , THEREFORE, BE IT ORDAINED BY fflE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5cf;tign 1. The City Council al the City al Enpewoocl, Colorado hereby amenda Title 5, Chapter 2A and 28, of the Eqlewood MUDicipal Code 111116, by repealiq and re- enactin1 Chapter 2, to read u followa : • . .. I . I • ,. • ·, • SBCnON: 5-2-1: Definition• 5-2-2: Liceue Required 5-2-3: Applicaticm Far ~ 5-2-4 Special Ccmditiou Alld llelltrictiou Of 'lbe ~ 1-1-1: DD'1Nffl0N8: IN ADDfflON TO DIE DBl"INITIONS LISTED IN E. M. C. 5-1-1, AND FOR TIIB PURPOSE OF TIDS CODE IN ALL IIAT'l'BRS RELATING TO THE LICENSING OF AIIUSBIIBNT BSTABU8IDIENTS AND PUBLIC DANCES AND BALLS, THE FOLLOWING TERMS, PllllASES, WORDS, AND THE DERIVATIONS SHALL HAVE THE IIBANINGS IIEllEIN: AIIU8DIENT DBVICB(8): A plw er NteNi,.,_t at aae locatian where AD illclmdual, aNOCiatiOD, pu111a'sbip, -.,any, er cmparatian maintains men tbaa 8ftem (15) amuement devicea. A plaw er Nt1btisb....,.t at aae locatian where AD iadMdual, aNOCiation, putnwabip, -.,uy, er cmparatian maintains tiftem (15) er fewer amuement deviea, eitbs • a IOle ~ er ia cmqUDdicm with ... other buaiaaa. Any device wbicb, upcm iDlaticm al • coin, llluc, ..._, platll • dilc, er paymmt al• camidaraticm diNcdy tberaia, may be uaed by the paWic ... aatllrtailmeat, er --t, tbat ........... test al lkill, eitber ... t11 .. ..,..., .......... not nciateriDI I _.., and abal) iDdwle, but Dot be limitad 1111, pool tablea. lDOCllrm-tabla, fOOlball tablea, lllctrcmic ..... and piDball macbiaee al-, kiacl and ~ption. All1.J8BIIBNT BIITAN •RB¥BN'l'l AD amwt arcade, amwt -•. itiaeraat abow, pablic a-or ball, bowliDs alley, circus, carnival, or lhoatiq pllery. PUBUC DANCE. PUBUC BALLc Any a-when actmiwon can be bad by the pablic......., witb .. wit.bout the pa,-t al .... with .. wilbaut the pm,:baae, II a 11 JIIDII .. pawmtaliaa al. tic:bt or .... and uyotherdaam .......... by club _....,...., -tic:bt, iDYitaticm .. -2- . ; I. • C '32 x l • .,---------------~----~---- '· • t• • other system open or offered to the public generally. PUBLIC DANCE BALL: Any premises open to public dancing for gain or to which the public iB admitted upon payment of 11D admiBBion fee, membenhip fee or for a c:harp of IIDY kind lllld description, or IIDY hall or academy in which cl-in dllllcing are held lllld imtructiom in dllllcing ,iven for pay. 1-1-Z: UCENSE BBQUIRED: IT SHALL BE UNLAWFUL FOR AN AMUSEMENT ESTABIJSHMENT TO ENGAGE IN BUSINESS PRIOR TO OBTAINING A LICENSE FROM THE LICENSING OFFICER. 1-1-3: APPLICA110N FOR UCBNIE: A . THE APPUCATION FOR AN AMUSEMENT ESTABLISHMENT LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPl'ER 1. B. IN ADDITION THE APPLICANT SHALL BE REQUIRED TO PROVIDE THE FOLLOWING : C. MANAGER(S) LICENSE : 1 . ALL MANAGERS OF AMUSEMENT ESTABLISHMENTS MUST BE LICENSED. LICENSES WILL BE ISSUED BY THE LICENSING omCER. 2 . WHERE ANY LICENSE HOLDER HAS A CHANGE IN MANAGER OR MANAGERS OF IDS/HER ESTABLISIDIENT, AND A NEW MANAGER HAS NOT PREVIOUSLY BEEN APPROVED AS A MANAGER BY THE LICENSING omen. IIEISRB SHALL BE PRESENTED BY THE HOLDD OP A LICENSE OR SHALL PRESENT HIMSEI P/HDSELF TO THE omcE OF THE LICENSING omen FOR A BACKGROUND INVESTIGATION. 1-M: SPECIALOONDn10NIIAND.......,...OI' 'IBUC'Dla IN ADDITION TO LICENSING CONDITIONS SET FORTH IN CHAPT'Ell l OP THIS TITLE , THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY: A. INSPECTION . BEFORE A UCICNSB IS GRANTED, FOR A PUBLIC DANCES OR BALL, THE PRDCISBS DESCRIBED IN THE APPLICATION SHALL BE IN8Nci"IW. A UCICNSB SHALL NOT BE ISSUED UNTIL SUCH TDIB AS TRE APPLICANT DEMONSTRATES THAT SUCH PBBNISES ARE IN COMPLIANCE WITH THE ENGLEWOOD IIUNICIPAL CODE. -3- • I . 0 • .,---------------~---------------- B. • , . • ADnmoNAL AMUSEMENT QEYJCIS . ALL APPLICANTS AND HOLDERS OF AMUSEMENT CENTER oa AIIUSDOCNT ARCADE LICENSES SHAU REPORT TO TIU LICENSING omCER THE ADDfflON OF ANY AIIU8ICIIDIT DEVICE OR DEVICES TO THEIR PREMISES WITIIDf fD IWWW (15) DAYS OF SAID ADDfflON AND TENDER TO TIU UCDIBING OfflCER AT THAT TIME THE RBQUIDD Pa POR EACH ADDfflONAL AMUSEMENT DEVICE POR TID aDIAINDD OF THE ORIGINAL LICENSE PERIOD. TIIB PD IS NOT PRORATED OVER THE PERIOD THE DEVICE IS PUT INTO SERVICE. REPLACEMENT OF A DEVICE WITH ANOTHEll DEVICE IS NOT CONSIDERED AN ADDfflONAL AIIUSDIICNT DEVICE. Sec;tim 2. Liceme fw for thia Cbapur ahall be determined and Nt by City Council in accordance with E.M .C . 5-1-8. Sec;tipp 3. The Englewood City Council eltabliabecl a temporary IIU8J)l!Uion or moratorium of certain miacellaneoua busineu licenNS for a period of lilt months with the passage of Ordinance No. 25, aerie11 of 1996 and now remove11 the following licensea from the moratorium: Amusement License Fee1: Amu1ement Arcade Amu1ement Center Amusement Device(1) Amuaement Eatabliahment Billiard• and Pool Table Bowling Alley Carnival, Circusea Itinerant Showa (other than carnivala or cin:uaea) Shootiq Galleria Public Dance, Public Ball Public Dance Hall. Sec;tion '· Safety CJeHHI The City Council, benby ftnda, determin•, and declare• that thia Ordinance ia promulpted under the pneral police pc,ww of the City of Englewood, that it ia promulpted for the a-1th, aafety, and welfare ol the public, and that thia Ordinance ia n-.y for the ..-nation ol a-Ith and 1afety and for the protection ol public coaYeDience and welfare . The City Council further determine11 that the Ordinance beara a rational nlation to the proper legialative object IOlllht to be obwned. Sec;tigp 5. Scvcrehiljty If any clauae, -•ce, parqraph, or a-t ol thia Ordinance or the application thereof to any penon or circumatancea ahall for any reuon be a~udged by a court ol compet.ent juriadiction invalid, aucb judptent shall not affect impair or invalidate the remainder ol thia Ordinance er ita application to other penom or ciraunatancea. $ec;tipp 6 loCODIPIW't Or4iD1DCII All adllr-Ordinucea ar partiana thereof incon1i1tent or conflictin1 with thia Ordin-er any partiaD ber..ot .,. benby repealed to the e:dent of auc:h inc:onaiat.mcy or conflict. .. I . , • • • <. .. Sec;t,igp 7 Bffest qf ,..,,, w mmHflcetipp 'lbe repeal ar modification of any proviaiCID of'the Code of the City of Eqlewoocl by this Ordinance aball DOt releue, extiDpiah, alt.er, modify, or cbaap in whole ar in pat any pmahy, fwr.iture, or liability, either civil or c:rimiDal, wbicb aball haft bem iDmrred ander auch provision, and each proviaiCID aball be trNted and held • still rem•inin1 in force for the purpcw of auatainiq any and all ....-lldiODa, lllita, ...-,;np, •nd prmecutiom t'or the enfcnement of the pawty, forfeiture, or liability, • well u f'or the purpoee of autainini any ~t, decree, or arder wbicb can ar may be rendered, mt.end, or made in llacb lldiODa, auita, pr D c_..lnp, or ,._tiam. Semm A. Elm.lJu. 'lbe Pmalty PtutiaiOD of B.11.C. SectiaD l+l aball apply to each and fNerJ m•tion of tma Ordinance. Introduced, nad in full, and puNd CID flnt reediq CID the 7tb clay of October, 1996. Publiabed U • Bill far an Ordinance CID the 10th clay of October, 1996. 'l1Mau J. Burns, Mayor ATTEST : Louc:riahi• A. Ellia, City Clerk I, Louc:riahi• A. EW., City Clerk of the City of Bnpwood. Colando, hereby certif'y that the above and fonaoin, ia • true copy of a Bill far an Ordinance, introducecl, read in full, and puaed OD ftnt readinc CID the 7tb clay of October, 1996. -5- '' •, .. I. 0 • .,. Odober7, 1198 • I~ • COUNCL co1•11.NCAT10N 10 a Ht Fm N for an emerge11ey onllnance IIPPIOWIII c:11angN to TIiie s. Cllapler 4 (Food DNlels) and fMIOWlll lhll a..-from 1h11 morllDllum. COUNCL GOAL AND PIIEVIOU9 COUNCIL ACTION - This bill for an onllnance malra manges to TIii 5, a.., 4 of 1w Cly Code, and 1M10ves this Chapter from the miscellaneous llcllW l'IIOl'IIDltum In 1w Cly of El.......-. Thll 1111 far onllnance _. allow the Cly's llaff to resume IU&*'II Conlraclor llcllW. M 1h11 May 8, 1198 lludy ...ion, aff ......... prapaeld mora10rtum wllll lhll Councl. On June 3, 1198, the City Council !Nd and peaed Onlnance 25, 8ertes of 1• on t1M1 INdlng. This Ordinance Nlabllslled the moratortum to run from June 10, 1• to Dlclmbel 10, 1•. IIECOl•IENDED ACTION Staff IIICOIMMlllds Cly Councl approve this bll far 81'1 Ol'dlllMCI. BACKGROUND, ANAL ftla, AND ALTEWTIVD IDENTFIED TIiie 5, Chapler 4 -pert of the fflOllllortum tllal blgarl on June 10, 1118. Food Vendor llcllW are reqund to.,.... lhllt oni, quallled vendors wllll edaqla ....._ and other,...._. pn,vlde food NIYicllS to the public. Changes Include ...,dlig llcenllng lo food vendols on prtvale praperty, dalglng 1h11 manner In wtlicll fees are c1•n11111ec1 and 181 by Councl, and~..._ edw111111,o be 111111 off ....... an Ice awn vendor's vehlde Is II rNt .. A ........ llcera for food dNllrs ls 119CIIH,Y due lo 11111 ln.-::t this dvlly ma,,_. on 1w publc's hNIII and safely If na1 l9gUlllad. Food Vendors llclnlll heve ............ lhllt l9ql*9 addllonal ..._ l9qUir'emenls. HNIIII code compllaia ls lnduded lo.,... ... food 1an1S eald are_,. far pubic consumption. Food vending Is an lndMdulllad dwlly, 10 ._..._. .. unique to 1w ....,_ and lher9for9 only valid for lhll loc:alon ... forlll In .. llcera, 11111' Is ................. . Insurance Is reqund bec:ala this bullnW can poee llglllllc:n 111k of....,_..~ and.._ to the pubic. The llcera ,...._ vendors of Ice Cl9MI from wlllclea 11111,o ..._ adverllllng lo.._.. .. ln.-::t on the public by Mlllng hours of operllllon and ~ vendols lo tum off ..... acMltilti,o ..... the velllc:le Is .. INt. No alemetlves .... ldenUfied . FINANCIAL _.ACT The City of Englewood colleded 1125.00 In food vendors..._,._ In 1115. L.18T OF AnACl•IIINTa Copy of a 1111 far an ordlnanca Copy of prapoead TIii 5, Cllllpler 4 • .. I . • ORDINANCE NO. _ SERIES OF 1996 • • BY AUTHORITY ABILLIOll COUNCIL BILL NO. 61 INTRODUCED BY COUNCIL ,....,,,~~~~~~- AM OBDIKAHCB DPBALING Tft'I.& 6, CIIAPl'D 4, a, TBB BNOLBWOOD MUNICIPAL CODE 1986 PERTAINING TO FOOD VENDORS AND RE- BNAC'nNG A Nn C11AP1D" AND W111CB 8DIOVl8100D vVSN-moa-• FROM ORDINANCE NO. 26, SERIES OF 1996 WIDCH PERTAINS TO THE IIOltATOIIIUII OP UCIII 11 I DI TBB cm a, DIGl.8WOOD. CXJLOUDO. WHEREAS, the Englewood City Council eatablilbed a t.mporuy avapenaion ar moratorium of certain miKell._. buaiw licmw far a period of m mODt.ba with the puaa,e o(Ordinance No. 26, Nl'iea of 1996; and WHEREAS, the moratorium or temporary napennon of food vendon licemN; and WHEREAS, a aeparate liceme for food vendors ia neceuary due to the impact thia activity may have on the public's health and aafety if not recuJated; and WHEREAS, due to the unique upects oft.ma activity, additional liceme requirementa are included; and WHEREAS, health code compliance ia included to innre that food i~ aold are aafe for public c:onaumption; and WHEREAS, due to the individualized upect of food veadinc, thme Ii-are unique to the buineu and therefore only valid for the location Nt forth in the liceme; and WHEREAS, due to health and aafety concerna related to thia liceme, the licmae ia granted to the ori,uw licenae holder only and not traufenble; and WHEREAS, the nature of thia buainNa impo191 a hiper riak al pbyaic:al utjury and illneu to the public, therefore, prool of innrance ia required for tbia liceaae; and WHEREAS, ice cream Al• from vebidee uaia, audible advertiaiq may be deemed a public nuiaance, the impact ia OD the pablic: ia minimiw by hours al operation and requirementa in thia Chapter; and WHEREAS, the houn of operation alao impoNd are to protect the afety al cbildren; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sed,igp 1. The City Council cl the City al Enpewood, Colorado hereby ammda Title 5, Chapter 4 , of the Enpewood Municipal Code 1986, by rapealia, and re-mactinf Chapter 4 , to read u foUow1 : ' • ... I. • ~ c,.) N X I II i i I I ji!;i ;;ii~~ tf I i I ii!E,= (if.ff~ i I I · l•si ii!fr .. ~t:c! ! -cll . Iii'" tH ~ if lJff}fl iffli 111i If•' 111rr [~ ff!f ff ,, ,,, 'JI ,,,rfJ11 f1ff lrl'l liss ~ ,,1 ,.~!fi1~ fI 1fJ!:1· . ~If ,;~J1 I liil f ·1l•I rft,'f II' (!J .. r ~~'"- rfft'f f1r•,f,f }11!f tf f' ~II I rtJ,tr fr f.lifi Sam; • , .. ~ J ·Iii • • 0 , ~ r I I I . ~ , • I .. ~ ' , .. . . . ' ' --------------------------·-·----------------.-------:------------ • VEHICLE: • part thereof ill open t.o the uae cl the public for purpoeea of vehicular travel or the entire width of every way declared t.o be a public street or bipway by any law ofthia State or any ordinance of thia City. Every device in, upcm or by which any penon or property ill or may be tnnaported or drawn, irre9pec:tive of the aource from wbicb the power t.o propel aaid ~e may come and irrNpec:tive of the number of wbeela of Aid vehicle. 1-4-1: UCENSE IIBQUIIIBD: IT SlW.L BE UNLAWFUL FOR A FOOD VENDOR TO ENGAGE IN BUSINESS PRIOR TO OBTAINING A IJCENSE FROM THE IJCENSING OFFICER. M-3: APPLICA'l10N FOil LICBNIIB: A. THE APPIJCATION FOR A FOOD VENDOR LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPI'ER 1 . B . IN ADDmON THE APPLICANT SHALL BE REQUIRED TO PROVIDE THE FOLLOWING : M-4: 8PBCW. OONDfflONBAND IIBB'l1UCl10N8 OF I..K2Nllm: IN ADDmON TO LICENSING CONDmONS SET FOR IN CHAPTER 1 OF TIDS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHAU. APPLY . A INSJJBANCB BFAUIIID: LICENSE HOLDERS ARE UQUIBED TO MAINTAIN THE FOLLOWING LEVELS OF INSURANCE : 1 . ALL MOTOR VEIUCLES USED IN THE OPERATION OF THE LICENSED BUSINESS SIIAIL BE INSURED UNDER THE LAWS OF THE STATE OF COLORADO . 2. COMPREHENSIVE GENERAL LIABILITY WITH A IIINIIIUII COMBINED SINGLE LDIIT OF LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE OF ONE HUNDRED THOUSAND DOU.ABS (Sl00,000.00) PER OCCURRENCE AND AGGREGATE . FAILURE TO IIAINTAIN SUCH INSURANCE OR TO SHOW SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR FAILURE TO MAINTAIN SUCH INSURANCE OR TO SHOW SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR IIIIIEDIATE REVOCATION OF THE LICENSE B. IJCENSES GRANTED UNDER THIS CHAPTER ARE NOT TRANSFERABLE . -3- • . I. • • ·, • C . ICE CREAM &\I ,ES· ICE CREAM VENDORS USING VEIDCLES ON CITY STREETS MUST OBTAIN A FOOD VENDOR LICENSE - STREETS AND SIDEWALKS AND SHALL COMPLY WITH THE FOLLOWING ADDfflONAL REQUIREMENTS: 1 . HOURS OF OPERATION ARE PERIIITl'ED BETWEEN NINE O'CLOCK (9:00) A.M. AND SUNSET. 2 . ANY AUDIBLE ADVERTISING SUCH AS MUSIC, CHIMES, VERBAL ANNOUNCEMENTS OR OTHER SOUND MUST BE TURNED OFF WHILE THE VEIDCLE IS AT REST . D . HEALTH CODES LICENSE HOLDERS ARE REQUIRED TO OPERATE IN ACCORDANCE WITH APPLICABLE MUNICIPAL AND STATE HEALTH REGULATIONS AS ADMINISTERED BY THE ARAPAHOE COUNTY TRI-COUNTY HEALTH DEPARTMENT. E. LOCATION LICENSE HOLDERS MAY VEND ONLY IN THOSE AREAS SPECIFICALLY SET FORTH IN THE LICENSE. Sectim 2. Licemee fees for thia Chapter lhall be determined and aet by City Council in accordance with 5-1-8 ofthia Code. Sectim 3 . 'Ibe Englewood City Council eatabliabed a i-porary auapmlion or moratorium of certain miacellaneoua buain-lic:eD8N for a period of m mantha with the puaace of Ordinance No . 25, amea al 1996 and now _. the followiq licen-from the moratorium : FOOD VENDOR LICENSF.S . Sectim , Wm CJ•v•u 'Ibe City Council, berebJ ftnda, deteraiw, and declarea du& thia Ordinance ia promulpt.ed under tbe ,.....i potic,e ..,... al tbe City al Enil-ood. dllt it ia prcmulpt.ed far tbe bNlth, uflty, and .... al tbe public, and du& thia Ordinance ia n~ for tbe ..-,vatian al bNltb and safety and for tbe prot.ectian al public -venience and welfare. Tbe City Council further determinee that tbe Ordinance bean a ratianal relatian to tbe proper legislative object aought to be obtained. Sw:tim 5. S..yarahjljty If any clauae, -tence, parqraph, or part of thia Ordinance or the applicatian thereof to any .....-or cin:umlltancea lhall for any reuon be adjudpd by a court al cmnpetent juriadiction invalid, IUCb judpent shall not affect impair or invalidate tbe remainder al thia Ordinance or ita application to other persona or cireumstancea. Sec;tipp 6 loCODlilYPt OrdiPIDGII All other Ordinances or portiana thereof inconsistent or conOictinc with thia Ordinance or any portian hereof are hereby repealed to the extent of such inconaiatency or conflic:t. -4- ..... • . I . I • • • .. \, Soc;tioo 7. Effest pf' ._,1 Al' moclific,tjgp The l'llpNl er modificatiOD of any proviaiCID of tbe Code of tbe City of.,.__. by dlia Orclinuce aball lllllt rel•-. atinpiah. alter, modify, er c:baap iD whale er iD pat ay penalty, bMtwe, or liability, either civil OI' crimiDal, wbic:b lhall baft bem iDcarnd ander-IIUch proYiaiCID, and each proriaion lhall be trNt.ed and bald • ltill rn,•iaia1 iD force for tbe purpcw of n8WIUDI ay ad ell Jll'IIPII' ectiana, aaita, pra c_,inp, and prwec:utiona for tbe ~t oftbe peulty, bllitme, er tiebility, • -1 • for tbe purpaae of 11U8WJUD1 ay judpamt, dec:rN, er crdlr wbic:b can er _, be rendered, mtered, er mede iD IIUCb ec:tiam, lldta, Pl'D IINl!inp, • Jll'ONCIIUCIU. Soc;tioo 8. bD.a)u. The Penalty ProrieiOD of E.11.C. 8ectim 1+1 aball apply to each and every violation of dua Ormunce. Introduced, read in full, ad pMNd CID flnt reedins 1111 tbe '1th day of October, 1996. Publiahecl U a Bill for 9D Ordinence CID tbe 10th day ofOdaber, 1996. n.-.. .J . Barna, ...,.. ATTEST : Loucriabia A. Ellia, City Clerk I, Loucriabia A. Bllia, City Clerk of tbe City of g.,I' •ood. CabadD, ._., oatify that the above ad fonpins ia • true capJ of• BiD far en~ adHNhwd, read in full, end pueed CID flnt nedins 1111 tbe '1th day ofOdaber, 1111. -5- .. I· 0 'a2xl ---------------~------.----------------~--------- • • l• - '· COUNCL COIMNCATION .,.. Odober7, 11M18 10 a 1v Frank COIINCL GOAL AND PREVIOUS COIINCL ACTION 8mject N for an emerge11c.y ordinance adding C-.14 (Albortlls) to Tltle 5 of the Cly Code, and r9IIIOVlng ... Chllpl9r from the moraklrtum. This bill for an onllnance adds Chapter 14 lo Tltle 5 of the Cly Code, and i-.noves arborill llceraN from the milcellaneous llcanles moratortum enacted In the Cly of Englewood. This bill for ordlnm allows Cly uff to -illulng arborllls llceraN. M the u.y e. 11M18 lludy Nlalon, un diKIIINd the pn,poaad mora1ortum w1111 the Counc:11 . 0n June s. 1•. the Cly Counc:11 !Md and paaed Ordinance 25, Serles of 11M18 on tlnal rudlng. This Ordinance ellallllalled the moratorium to run from June 10, 11M18 to Dacamber 10, 11M18. On August 11, 11M18, uff and Counc:11 met to dllaa 1h11 Chllpler. RECOMMENDED ACTION Staff recommends Cly Counc:11 apprvve 1h11 bill for an ordinance. This ac:lior'I creales • new a.s-, 14 under Title 5 of the Cly Code. Previously, arborllls..,. llmnNd under aiapa. 12 of Title 5. This new d'8pler ello makes dlenges to how fees ere delennl11ed, inllnncl levels. and GIiier' mklor cllanges. BACKGROUND, ANAL.ftll, AND ALTBINATND IDENTl'IED Title 5, Chapter 12, (ertlortlt llcermes ere cunena, Included In 11111 Cllllplec, ... pert of the morllklltum 111111 began on June 10, 11M18. Al'1lorllla llceraN .. reqmed to enlln 111111 trN trimming and GIiier' releled edlvllles ere performed by quellfied penons This ordinance aNles • new aiapa. 14 under TIiie 5. Onlr minor cllanges regarding the manner In which fees ere 8llatlllllled, lnuance levels, and updating GIiier' minor llems lleve been made to this Chapter. A separate license for erbortm Is ll8CNNIY ...._ of the lnllerenl 111k eaeocleled wllll the Nl'llce erbortm provide to the public. TIie Cly FOl'eller or GIiier' deelglialecl ~ ,_ the duly and ll8CNNIY bec:kQr'ound to detennlne If an eppllcanl Is quellfted to offer 1111..vtce to the public. The 111111n of lhll llclllN ,....... Insurance pnMllol• bec:allN of ... 111k to prape,IJ and penons. This ... ,...... ... llcaMed arborill to supervise .. wort done by IIOl'Mlcelad penons In 1111 or her chelge. The llcerwe holder la qullllfted In the car. and maintenance of tr'NS, and ""'9fore el wort lllould .._ be done by the llclllN holder or under the llclllN holder's super,lslon to pro(ed the public. FINANCIAL _.ACT TIie City of Englewood collected $450.00 In arborill llclllN fNs In 1"5. UIT OF AnACHMENTa Copy of • bill for an ordinance Copy of prapoaed Tltle 5, aiapa. 14 •. I . • .-----------------------------.,.,.---, ORDINANCE NO. _ SERIES OF 1996 • • BY AUTHORITY ABIU.l'Oll COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL ...... _____ _ All oaDINANCB IIBPULINO fflU I, CIIAP'ID 11, IBCTIOM I, OP 'l'RB ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AllBOBIST AND mucnNG A MSW CIIAPl'D 1'9 AND WIIICB DIIOVD AD08l8'I' ftOII ORDINANCE NO. 25, SERIES OF 1998 WHICH PERTAINS TO THE IIOltA'l'OmtJII OP UCDllll llf '1'118 CITY OP BNOLSWOOD, OOLOllADO. WHEREAS, the Eqlewood City Council Ntabliabed a t.emporuy ll1UplllWOD or moratorium of certain miac:ellaneoua buain-lieeuee for a period of m mODtha with the puup al Orclinance No. 25, aeriea of 1998; and WHEREAS, the montaium or temporary suapenaiOD inclwled afllOrist ticmNs; and WHEREAS, afllOrista a«er a neceuary, but often timea clanproua aervice to the public; and WHEREAS, due to the inhenmt riak auociated with thia aervic:e, a aeparate liceme, after testiq, ia -,y to emure only qualified penom parform thia service to public; and WHEREAS, the City FCINllter or other deaipated -pla,ee baa the ..-uy background to test and to determine if applicant. are quali6ed to o&r tbia aemee to the public; and WHEREAS, the nature of thia aervice requirea ODly qualified penona and therefore no transfer of thia liceue ia allowed; and WHEREAS, the nature ofthia aervice ia IUCb that utjury to property or penom ia a serious consideration, and therefore inauranc:e ia required; and WHEREAS, the licemed arboriat, beiDc qualified in the care and maintenance of treea shall not allow anyone under bia or ber cbarp that ia not a licenae holder to perform the aervicea of an arboriat without beiDa under the lic:enae holder'• direct 1upervi1ion; and WHEREAS, thia proviaion protecta the public from unqualified penom performing the aervicea of an arborilt; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tiop 1. The City Council of the City of Enclewood, Colorado hereby npeala Title 5 , Chapter 12, Section 8 , of the Enclewood Municipal Code 1985, and macta a - Chapter 14 , which ahall read u followa : • . ., I . , • . , . . ' • ,. CHAPl'ER 14 AllBOIU8T SECTION: 5-14-1 : Definitions 5-14-2: Licenae Required 5-14-3: Application For Lic:enae 5-14-4: Special Conditiom And lleltrictiom Of Licenae 5-14-1 : DEFINl'l10N8: : IN ADDfflON TO THE DEFINITIONS LISTED IN E . M. C . 5-1-1, AND FOR THE PURPOSE OF THIS CODE IN ALL MATTERS RELATING TO THE LICENSING OF ARBORISTS, THE FOU.OWING TERMS, PHRASES, WORDS, AND THE DERIVATIONS SHALL HAVE THE MEANINGS HEREIN: ARBORIST A SPECIALIST IN THE CARE AND MAINTENANCE OF TREES. FOR THIS CHAPl'ER AN ARBORIST ENGAGES IN THE RELATED ACTIVITIES FOR A FEE, CHARGE, OR OTHER COMPENSATION. &-14-ll: UCENSE RBQUIIIBD: IT SHALL BE UNLAWFUL FOR AN ARBORIST TO ENGAGE IN BUSINESS PRIOR TO OBTAINING A LICENSE FROM THE LICENSING OfflCER. 6-14-1: APPI.ICA'110N POil LICDIIBz A . THE APPLICATION FOR AN ARBORIST IJCENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPl'ER 1 . B . NO LICENSE SHALL BE ISSUED WITHOUT THE WRl'M'EN APPROVAL OF THE CITY FORESTER OR OTIIBll DESIGNATED EMPLOYEE WHO SHALL nRST BE SATISFIED OF THE COMPETENCY OF THE APPLICANT TO ENGAGE IN SUCH BUSINESS BY ADMISSION OF AN ORAL AND WIU'ITEN EXAMINATION CONDUCTED BY THE CITY FORESTER OR OTHER DESIGNATED CITY EMPLOYEE. AT IDS OR HER DJSCRETION, THE CITY FORESTER OR OTHER DESIGNATED EMPLOYEE MAY ACCEPI' SPRAYING AND TRDOIING LICENSES FROM OTHER JURISDICl10NS AS PRDIA FACIE EVIDENCE THAT THE APPLICANT HAS SATISFACTORILY COMPLETED ENGLEWOOD LICENSING REQUDlEIIENTS. a-1... IIPBCW. OONDl'l10N8 AND BDnUC110NII OP LICDIIBz IN ADDITION TO LICENSING CONDfflONS SIT FOR IN CHAPTER l OF TIDS TITLE, THE FOU.OWINO SPECIAL PROVISIONS SHALL APPLY . ..... .. I . ------------------------c.-------------------------~------ • • - .... A. INSURANCE REQIDREP : LICENSE HOLDERS ARE REQUIRED TO MAINTAIN THE FOLLOWING LEVELS OF INSURANCE : 1. ALL MOTOR VEHICLES USED IN THE OPERATION OF THE LICENSED BUSINESS SHALL BE INSURED UNDER THE LAWS OF THE STATE OF COLORADO. 2. COMPREHENSIVE GENERAL LIABILITY WITH A MINIMUM COMBINED SINGLE LIMIT OF LIABILITY FOR BODILY INJURY AND PROPERTY DAMAGE OF ONE HUNDRED THOUSAND DOLLARS ($100,000.00) PER OCCURRENCE AND AGGREGATE. FAILURE TO MAINTAIN SUCH INSURANCE OR TO PROVIDE SUCH EVIDENCE ON REQUEST SHALL BE CAUSE FOR IMMEDIATE REVOCATION OF THE LICENSE B. TRANSFER ARBORIST LICENSES ARE NOT TRANSFERABLE. C . SUPERVISION OF WOllK. THE LICENSE HOLDER SHALL SUPERVISE AND BE RESPONSIBLE FOR ALL WORK DONE UNDER THE LICENSE. $ec;tiqp 2. Liceue Fee: U-,._ far tm a..,.., IMII • ......... and set by City Council in~ with 5-1-8 aftllia CW.. Sec;t,iqp 3 . Licenw required : It ... •_..... tar-,,._ ID act• an Arborist without fint procurinc a~-Al pawl · afa..,.., l , aftma Title are applicable u well u thNe apacia1 poc · · _.. W... $ec;tigp f . The En,tewood City C-.:il -t I" t 1 a Q ., I p uim or moratorium of certain ~U-....._~tar a ..... af Ilia acmtba with the pauace of Ordinance No . 25, .._ al 1111 _. --die faUowinf license, &om the moratorium: Arbori1ta LicenHI. Sec;t,iQQ 5. S,f..t,y C!tllYI The City Council, blnby ftadl, .w-iw, and declaree 1hat thil Ordinance ii pramulpted under tbe ........ police ,_.. af tbe City of Encl-ood, 1hat it ii pramulpt.ad for die health, uflty, ad -lfare al the public, and that thil Ordinance ii neceNarJ for tbe ~atiae al Malth and 1afety and for tbe protection al public convenience ad welfan. The City Council further determinee that die Ordinance bean a rational relation to tbe proper legislative object aought to be obtained. .... ... I • • • . . Sec;tign fi. Sexetthility If any claut1e, NDtence, parqraph, or part of this Ordinance or the application thereof to any per.-or cirewnltancea aball for any reuon be acljudged by a court at competmt juriadiction invalid, aucb judpient ahall not aft'ec:t impair or invalidate die remainder at thia Ordinance er itll application to other penona or circumatan-. Sec;tjgp 7 lnmnN ... t Ot4iPIPCII All atmr Ordinancea ar partiana thereof inconaiatent or conflictinl with this Ordinance er any partiaD bereaf an hereby repealed to the utent at such incomiatllncy or coaflic:t. Sec;tign 8. Efl'w:t pf rereeJ cw: mA4ific,tjgp Tbe repeal er modificatiOD al any provision of the Code of die City of Bnpewood by tbia Ordinance aball not nleue, utiDfuiah, alter, modify, or chup in whole er in pat 11DJ ,-.It:,, bfeitun, or liability, either civil or criminal, which aball haft II-. iDcurnd uader such provision, and uch provision ahall be treated and beld u Btill remaintn1 in force for die pmpoaea at auataininc any and all prapw adiaaa, aaita, pra -tinp, and proaecutiODB for the enforcement of the penalty, bliitun, er liability, u ...U u for the purpoee of •uatainin.s any judpaent, decrN, er orclar which can er may be rendered, entered, or made in such adiaaa, suits, proceeclinp, or proaecutiona. Sec;tiqp 9 . feulty. Tbe Penalty Provision atE.11.C. Sedion 1-4-1 aball apply to each and every violation of this Ordinance. Introduced, read in full, and pMNd on tint reedbts cm the 7tla clay at October, 1996. Publiahed u a Bill rar an OrdiDance cm the 10th clay atOdiabar, 1116. ATTEST: Loucriahia A . Ellia, City Clerk I, Loucriahia A. Ellia, City a.rt at the City at........_., Colorado, banby certify that the above and f'onlOml ii a tnae copy at a Bill rar an OrdinaDce. batrod...s, read in full, and pa8Nd cm tint l'Ndilta cm the '7tb clay atOct.obar, 1191. Loucriahia A . Bllia • I· • -~-------------------------. ,. - COUNCIL COMMUNICATION Date Agenda Item Subiect 10 IV Law Enforcement Assistance October 7, 1995 Fund Grant lnitiAted By Staff Source Bob Moore, Safety Services Department Safety Services Division Chief COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council has approved the City's participation in the LEAF Grant program for the past five years . RECOMMENDED ACTION Staff seeks Council support for a bill for an ordinance approving the Law Enforcement Assistance Fund (LEAF) contract L-05-97, enabling the City of Englewood to enter into a contract with the Colorado State Department of Transportation, which grants the City money to be used by the Department of Safety Services for DUI detection and enforcement. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The proposed ordinance would allow the Department of Safety Services to accept LEAF grant money for use in the detection and apprehension of DUI drivers within the City of Englewood. The Englewood Police, in accordance with state motor vehicle laws, and with the preservation of life and property in mind, actively investigates DUI violations with the intent of removing drunken drivers from the City 's streets. Acceptance of LEAF grant money enables the department to enhance its DUI enforcement efforts by allowing the department to pay for and dedicate more officers and equipment to this apprehension effort . At the present time, apprehension efforts are dependant on officers attempting to detect the DUI driver between assignments . LEAF grant money would allow the department to hire officers, on an overtime basis, specifically to detect and apprehend DUI drivers. The passage of this ordinance should have no long-range impact on other City departments. The ordinance is a requirement of the grant process. FINANCIAL IMPACT No financial impact to the City would occur. Local agency match funding required by the grant would consist of existing "in kind" previously budgeted resources. LIST OF ATTACHMENTS Proposed Ordinance ·- .. I . , • .--·----------------..,~--------- ORDINANCE NO. __ SERIES OF 1996 • BY AUTHORITY AIIU.IOA CDIJNCII.IIIU.NO. 56 INTBOD'UCBD BY COUNCll.. ICTW AR OBDINANCB APPIIOVING AN INTDGOVDIOIIINTAL CONTBACT BETWEEN THE STATE OF COLORADO AND THE CITY OF ENGLBWOOl>, OOI.OUDO, DLATING TO TBa LAW DIOaCIDIINT AIIIIBTANCS ,mm (IMP) PROGRAM. WHEREAS, the Ea,lewood Deputmmt al s-ty SerrieN haa IUbmitt.ed u application to the Colorado Deputmmt of Hipwa:,a, Ollce alTnmpanation Safety, for ftmdiq to conduct a pro,ram under the Law Emorcemmt Aautance Fund (LEAF) for the prevention of dnmbn driving ud the enforcement of lawa partaiDiDs to the driviq under the influence of alcohol and clrup; and WHEREAS, purauant to '3+404, C.R.S., the State ia autbori&ed to allocate LEAF funda by contract to local cities and counties to benefit the bealth ud ufety of penom in Colorado by the implementation of local pnlll"&IDI developed by tbNe local autboritiea far drwabD driviD1 prevention and law enforcement improYementa; ud WHEREAS, the total budpt amount autharmd by the camnct far the actual c:aata al the project work ia $50,000 with the State'• muimum lhan from LEAF • $15,000 or 3011, and the City', lhan aa 135,000 or 7()'lf,; ud WHEREAS, the Eqlewood Department of s-ty SemCN haa IMilabJe tbe t.edmical ability to properly perform the project u cleacribecl in the applicatiGa ud to addnu the LEAF objectives of the State Lesillat>.ue; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll.. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sgtigp 1. The interpenrmental Cllllfnl:t W-the Sta• alColando, far thew and benefit of the Colorado Department ol 'l'ramportat:ia, om. al 'l'nmpanalioD Safaty, and the City al Enel-ocid. far the Eqlewood Depanmmt al Saflty a.mo., CPaliN Department), a copy ofwbich marbd Emibit A, ia dadled ..._ and iDcalparatad blnin by reference known • L-05-97, ia benby appr'Oftd by Baalawaod City Coaadl. Sed;igp 2 . The Mayw and City Clerk are hanby audlariDd to ap and at&el& said Contract OD behalf of the City ofEqlewood and the lnpwood Dlputmmt alSdlty Services. Introduced, read in fllll, M paaaed OD tint J"Ndinr the 7th day al October, 19N. I . ------~------------------. . .----------------------------,..- • . ,. • ,,. ... ATTEST: LOllcriabia A. Bllu, City Clerk I, Loacriabia A. Bllia, City Clerk oltbe City of......_., Colando, blnby Cllltify that tbe abovli and~ ia a tru copy of a Bill for a~. iatalMNllld, rwl ia fall, and paued OD ftnt readiq Oil tbe _ day of 1998. , ' .. I. 0 '32xl • 0 I• • DEPARTMENT OR AGENCY NUMBER: L.05-97 CONTRACT ROUTING NU-ER:---- CONTRACT THIS CONTRACT, Made this day of , 1996, by and between the State of Colorado, for the use and benefit of the Colorado Department of Transportation, Office of Transportation Safety, 4201 East Arkansas Avenue, Denver, Colorado 80222-3406 {hereinafter refenecl to as "the State; and the City of Englewood, for the Englewood Police Department. 3615 S. Elati Street, Englewood, CO. 8011 O {hereinafter refenecl to as "the Contractor"). WHEREAS, authority exists in the Law and Funds have been budgeted, appn:,pria1ed and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund -Number 403 , Appropriation Code 304, ORGN 9817, Function Number 9586, GBL Number OSLE and FEIN Number 846000583-F; and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the Legislature has created the Law Enforcement A.saistance Fund {LEAF) for the prevention of drunken driving (43-4-401 through 43-4-404, CRS, replacement edition); and WHEREAS , LEAF has been established to provide funds to aid in the prevention of drunken driving and the enforcement of laws pertaining to driving under the influence of alcohol and drugs; and WHEREAS, pursuant to §4~. C.R.S., the State is authorized to allocate LEAF funds by contrad to local authorities {cities and counties) to benefit the health and safety of persons in Colorado by the implementation of local programs developed by the local authorities for drunken driving prevention and law enforcement improvements ; and WHEREAS . the Contractor has aubmillled a LEAF project funding Application, which has been approved by the State ; and WHEREAS , the Contractor has Nlatllilhed a qualified program, conaiatent with current State Highway Safety rules at 2CCR 602-1. to coonll ... afb1s to prwt drunken driving and to enforce laws pertaining to driving under the influence of alcohol and drugs within Ila jurisdiction; and WHEREAS . the Contrador has available the 119c:hnical ability to properly perform the project as described in the Approved Application and to addrNI the LEAF objectives of the Legislature; and WHEREAS , this Contrad is exec:ulled by the Stale under authortty of 29-1-203, 43-1-106 , 434402 and 403 , and 24-42-103 CRS, and by the Conlractor1nienection129-1-203and ~11-101, 31-15-101 CRS or home rule charter, as applicable , and the attached rwsolution. Page 1 of 7 pages Ii M I • ~ A •. .. I· 0 • ·----------------.---------. ,~ • NOW THEREFORE, it is hereby agreed as follows : 1. The Contrador's Approved LEAF Application, the LEAF Contrad Management Manual dated August 1, 1992 and LEAF Application Guidelines dated July, 1992, the State Highway Safaty Rules at 2CCR 602-1, and Attachments A, B and C are incorporated herein by this reference • terms and conditions of this contrad. The ContradOr acknowledges that it has received copies of the LEAF Contract Management Manual, the Application Guidelines, and the State Highway Saf9ly Rules. The Contractor shall comply with all terms and conditions of this Contract. In the event of a conflict belween the terms of this Contrad and the terms of the incorporated materials, the following priority shall be UWS to resolve such conflid: A. State Highway Safety Rules; then B: LEAF Contrad Management Manual and Guidelines; then C. This Contract; then D. Attachments A, 8, C, in that order; then E. Approved Application. 2 . The Contractor shall carry out the program and shall perform the activitiel which are specifically described in the Approved Application and are generally described in Attachment A (collectivety, "the project"). 3 . The Contrador shall submit quarterty repor1s to the State detailing the performance of this Contrad according to the reporting criteria described in Allllchment 8 . 4. Prpject Fyndjng Prpyj8jons. The total budget amount authorized by this Contrad for the actual costs of the project work is $50,000, as described in Atlachment C. The State and the Contractor shall participate in the payment of this total budget amount, as provided herein. A . State's maximum share (from LEAF) 8. ContradOr's share TOTAL AMOUNT $15,000 (30%) $35,000 (70%) M0,000 (100%) The State shall use LEAF funds exclusively to pay for 30% of the actual costs incurred by the Contractor for the project work up to the State's maxlnun share amcurt of $15,000 (30% of $50,000). Provided, however, that the State's maximum stwe lhall not 8XCNd the amount of S 15,000 for any reason, including if the Contractor volunlarily pays more than the rnnnum malCh amount required of the Contractor under this contract. unlea this contract is suppiemallld in writing to that effect prior to the incurring of any COit in ..... of the total budgat amount The Contrador shall provide a minimum rnalch lhlre of $35,000 (70% of $50,000), ellher in payment of actual costs incuned for the project work or in the performance of iMCind NMCN on the project, which reimbursement be directly related to the enforcement of laws pertaining to driving under the influence of alcohol or other drugs. Page 2 of 7 pages • .. I . 0 . , . • . . It is anticipated that the Contractor may voluntarily provide either payment of actual costs or in-kind services exceeding its minimum match requirement in order to establish the project on a pennanent basis, provided that it is expreuly understood that any such voluntary payment or Nrvic:es shall not increase the State's maximum share under this contract. · In addition, if the Contractor fails to provide the total amount of ill minimum match share the State's obligation to pay ill percentage share shall be reduced in direct proportion to the extent of such failure, so that the State's obligation will be reduced $30 for each $70 (30%-70%) the Contrador fails to provide. Upon notice from the State, the Contractor shall repay the State any amount that was paid by the State and that a aubaequent audit determines the Contractor exceeded the State's percentage of obligation under this contact If the Contrador incurs project coats which exceed the Attachment C budget amount without first obtaining an approval in that amount by written contract amei ldment, the Contractor shall be solely responsible for the payment of such exceu coats. The State share of the total budget amount will be provided solely from LEAF funds. Any obligation of the State under this Contrad is contir igent both upon LEAF funds being available for this Contrad and upon the Contrador providing its minimum share. The State will pay the Contractor for the State's share of actual coats incurred on a monthly or quarterly basis, subject to prior review and approval by the Stale of work perfonnance and pursuant to payment procedures contained in the LEAF Conlract Manual. The Contractor shall maintain an Itemized accounting of all billings and other records to support an coats chaged to the Conlrac:t and shall present same to the State upon raquest. The obligation of the Contrador for al or any part of the paynwlt abligationl Nt out twain shall only extend to monies duly and lllwfuly apprapa 1•1 d for the purpme of thil Connet by the Governing Body of the Contrador. The ConlractDr henlby repr--,11 and W8fTWIIS that the monies to pay for the ContradOr's obligations deacrl:,ed __, have alrNdy been legally appraprlalld by the Governing Body for the purpose of this Conlrllct. 5. The effective date of this contract ahall be ttw dam the Colltrollet of ttw SC.. of Colorado approves this contrad. or such,..... dam specill9d Mntin. The Contract ahall begin~ 1, 1887, and shall terminate on December 31, 1997. 6 . The Contractor agrees that any aubconlrac:a enllr9d into by the ColllracW under ttlil Connet must meet all applicable Stale and F....., -----and must be apprOV9d by ttw Office of Transportation Safety prior to execution by ttw ConlractDr. Page3of7Pages • .. I . 0 0 • 7. a) Ieanioat;on Pue to Loss of funding. The parties hereto exprNSly recogniZe that the Contractor is to be paid, reimbursed, or otherwise compensated solely with certain funds provided to < the State for the purpose of contracting for the services provided for herein. Therefore, the Con- tractor expressly understands and agrees that all its rights, demands and claims to compensation arising under this Contract are contingent upon receipt of such funds by the State. In the event that such funds or any part thereof are not received by the State, the State or Contractor may immediately tenninate this Contract. • b) Termjnat;on for Cause. If, through any cause, either party shall fail to fulfill in a timely and proper manner the obligations under this Contract, or If either party shall violate any of the covenants, agreements or stipulations of this Contract, the non-breaching party shall thereupon have the right to terminate this Contract for cause by giving written notice to the breaching party such termination and specifying the effective date thereof, at least thirty (30) days before the effective date of such termination. In that event, all finished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports of other material prepared by the Contractor under this Contract shall, at the option of the State, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work completed on such documents and other materials . Notwithstanding the above, the breaching party shall not be relieved of liability to the non-breaching party for any damages sustained by the non-breaching party by virtue of a breach of the Contract by the breaching party. and the State may withhold any payments to the Contractor for the purpose of setoff until such time as the exact amount of damages due the State from the Contractor is determined. If the Contractor is a breaching party. c) Itrrnioat;on for Conyenjence . Either party may tenninate this Contract at any time that it determines that the purpose of the distribution of monies under the Contract would no longer be served by completion of the Project. Such party shall effect such lilf1'nnation by giving wrffllln notice of tennination to the other party and specifying the effective date thenlaf. at !eat twenty (20) days before the effective date of such termination . 8 . The Contractor shall adopt a resolution substantially in the fonn prwntad by the State, which approves this Contract, obligates the necessary local monies to pay for Ila share of costs or in-kind services and authorizes a signatory to execute this Contract. A copy of such rNOlution shaft be attached to and made a part of this Contract. 9. The Contractor shall perform its duties hereunder a an i11depe11dent conlrador and not • an employee. Neither the Contractor nor any agent or employee of the ContradDr shall be dNmed to be an agent or employee of the State . The Contrac:tor shall pay, when due, al reqund employment taxes and compensation (and show proof of such insurance) and unamployment compenution insurance in the amounts required by law. and shall be solely reaponeible for the acla of the Contractor. its employees and agents. 10. The Special Provisions are attached hereto and her9by made a part hereof as terms and conditions of this contract. Page4of7Pages '· I· 0 • • • • (, IN WITNESS VVHEREOF. the parties hereto have caUNd the foregoing cantract 1D be executad by their duly authorized officerl the day and year first above wrttlen. City of Englewood Contractor.~ri:iiiiiiiiiiiiiiioc""""~ POlitlon: llayorD11U1111B•r1m Thomas J. Burns, Mayor Contractor:--------POlitlon: Chlaf#Sherftf APPROVED AS TO FORM: City of Englewood AtlDmey Daniel L. Brotzman, City Attorney ATTEST City of Englewood Clertc Loucriahia A. Ellis, City Clerk STATE OF COLORADO ROY ROMER, GOVERNOR By ___________ _ MATTHEW REAY Branch Manager Transportation Safety & Traffic Engineering Branch ATTEST CIIWClerk Depar1ment of Transportation APPROY4!S CLIFFORD W. HALL State Controller By _________ _ GEORGE MCCULLAR, Conlroler Department of Transportation By U ... M ___ 'l __ a. ___ ll'l ___ M _______ _ A•f11ant Nltotrwf General Civil Lllipllan Section • < • . .. . .. I . 0 1 a2xl . " · .. • <. I COLORADO DEPARTMENT OF TRANSPORTATION . _ IrBU' CONTRACT ATTACBNEN'l' A L.ol-87: To incaue and improve the enfarcement d the lawa pertaining 1D lllcahol and drug l'9lal9d nfflc °""'1H1 within the City d EnglNood by parfaming the activlliN delcrlled in the Approvad Application and summarized below. 1 2 3 4 Provide ot'llcenl through out the """ d this contract to perform DUI enforcement duties nd activities within the City d Eliglewaod • Dt8cl in the AppfOV9d Application. Conduct at last two IObrialy c:hedcpointa or saturation patrols during 1997. Thia can be in cooperation with a nearby agency, the Stall Plllral or IOlely by the Englawood Police Oepanment. Englewood Police Dapar1ment wi1 be activlly involved in TJte ,,,_, la On/ DUI nforcement pubic ...,...,11 campaign by tllking the INd in at least one of the joint efforts and raport back the l9qUNtld data in a timely manner to COOT. Make all rwonable .nartl 1D incrw111 the DUI alcohol and drug relaad a"911s within the City of Englewood by 5% from the 1998 level. ~ . ' •. .. I. 0 ..... '. '32xl • · ... • I COLCIIWIODIPARTaNTOFTIIANIPOIITATICIN . I,BI\I' CON'l'RACT A.ffACJINl!MT B FF Project• L-OS-17 -S1uJ1••ood ~lioe Dapart:aellt 1). Each quarter the ConlractDr.,.. IUbmit • ,-port 1D tt. Ollce ofTran1portation Sallty In accordance with the LEAF Conlract Mmiagernent Manual. The Qumllrty Rapor1a wa ..... al activity accomplilhmenls a raquinld by Conlract Nwnber L-05-87 dlmg tt. NPQ1111ig pertod. The EnglNood Police Department wa UN the provided LEAF Grant ............ paclcage when compliig data and submllliig tt.19qUnd '9P()r1a. Al r9Clpiela .. be raqund 1D UN tt. lOftwar9 • eo that the Staa. can balllr' manage the LEAF prognm. • 2). No payment for COit lncuff9d during the raportilig period wa be nlimburNd by the Office af Traneportation Safety If IUCh Qlallrty Reports are not Cll'l9llt or .. not compled Uling the LEAF Grant Manager software program. 3). Upon completion of all LEAF activity the Englewood Police Dllpal1n.nt wa lUbmit a Final Rllport In accordance with the LEAF Contract MllnagerMnt Manual. • . I. 0 '32xl • •, • <, 1---------------------------....::COOT=,;.;,;F-:;;,;;,::91;.;.:0l3::::.;1.;;:.1112 • COLORADO DEPARTMENT OF TRANSPORTATION I,BU CONTRACT ATTACBNENT C I.-05-97 -bg1ewood Po1ice Dapar1::aant .... ol fundl TOTAL LEAF II0,000 111,000 IXPWI C•IDlr T .... ...... Services U0,000 o,eraMng eiipeiw ~ Capllal equipment ~ T--~-~ TOTAL U0,000 Local auoo ___ ,,. . ' ... .. I. 0 1 32xl • • I • ·, • <. COUNCIL COMMUNICATION Date Agenda Item Subject Sale of properties October 7, 1996 11 a 1 developed for Project BUILD Initiated By St.ff Sources Paul Malinowski, Exec. Director of EHA City Manager/Housing Authority Jerry Nestler, Housing Specialist COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City Council has allocated $500,000.00 from the General Fund for Project BUILD. The money is to be used to purchase existing residential properties and develop new housing stock according to a policy approved by the City Council. RECOMMENDED ACTION To pass an ordinance approving the sale of the following properties developed for the BUILD Project: 2033 West Baltic Avenue, 4138 South Bannock Street, 2914 South Elati Street, 4070 South Lincoln Street, 401 West Oxford, and 2398 West Warren Avenue. The properties will be sold for no more than seven percent above the appraised value, and no less than seven percent below the appraised value. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In 1990, City Council recommended a program be instituted in Englewood whereby newly constructed, single family homes replace seriously dilapidated or obsolescent homes. New homes would be also built on vacant land. This recommendation has also been incorporated into the draft Comprehensive Plan for the City . FINANCIAL IMPACT The developed properties are to be sold to private parties who have their own financing. The City funds that were used to purchase and develop each property will be returned to the BUILD fund when that property is sold and the new loan is closed. LIST OF ATTACHMENTS Proposed bill for an ordinance. .. .. I. • 0 1 32xl • • ·, • .. BY AUTHORITY ORDINANCE NO . _ SERIF.S OF 1996 A IIILL J1'0R comrm.. BDL !10. 48 INTRODU~CIL ,.,, ..... ~-=11---:;:a,,- A!I 08DDIA!ICB APPBOVJ!IG TBB &&LS OP SIX PltOPD'lU8, WRICH WDI: DEVELOPED FOR THE "BUILD" PROJECT, ON THE OPEN MARKET . WHEREAS, the Englewood City Council allocated SII00,000 from the General Fund for Project BUILD; and WHEREAS, in 1990 the Englewood City Council l'IICOIIUlleDde a prCJll'UD be instituted whereby newly c:onatructed, single-family homea are built to replace aerioualy dilapidated or obeolete ltruc:turw, or are built cm vacant Iota; and WHEREAS, 1ix 1uch developed propertiN are ready to be eold to private putiea who will eecure their own financing, thereby replacing the City funde Uled and returning them to the BUILD fund ; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ec;tion 1 Approval ia hereby pven for the Ale of m propertiea which were developed for Project BUILD . Said propertiea will be aold to private putiea who eha1l NCUn1 their own financing and the City f\mde, which were ued to pun:baN and develop Aid propertiea, llhall be returned to the BUILD fund. The Ale price ii to be the fair market price bued cm appraisal plus or minue aeven percent (711>). $ec;tigp 2 The followin, propertiN to be IOld are properti• which wen developed for Project BUILD: 1 . 2033 Weat Baltic Avenue 2. ,'138 South Bannock Street 3. 291, South Elati Stnet ,. .070 South Lincoln Street 5 . ,01 Weat OJd'ord Avenue 6. 2398 Weat Warren Avenue The eale of th-propertiee lhall require the purc:b.-to ap'N by Npante document u follow,: 1 . The purchuer lhall be the occupant. 2 . The purchuer lhall not own any other reaidence cm the date of tranafer of deed to the above propertiel. 3 . The property may not be rented by the OWDel' durinc the 6nt three (S) yean of ownenbip. .) . • I . 0 } ! • a. • .. Sertioo a. '11ie Mayor and the City Clwlt are autbarised to ewute the proper bm at deed for the CODYeyaDCe at~ propertiea punuant to Sectian 72 at the....._ City a.art.. Introduced, read in full, and .....-1 on tint l'Ndins on the 7tb dq afOetiabw, 1986. Publiabed u a Bill far an Ordiaaaat on the lOdl day afOetiabw, 19N. ATTEST: Louc:riabia A Ellia, City Clerk I, Loucriabia A Bllil, City Clerk at the City af ........ C ......... llawy catit:, tbat the above and foretaats ii a true copy ol a Bill for an Ordmance, imaUhCld, read iD full, and paNed CID flnt nadin, Oil the '71b day at Octolier, 1818. Loucriabia A Ellia -2- ' ' • I. . .. ·, • <. \. COUNCIL CQMMUNICADQN DATE: October 7, 1996 AGENDArnM SUB,JECJ': 1997 Comnmnity De- 11 a ii velopmeM Block Grw INIDA 'Im BY: Housina Authority of die Sl'Aff SOUltCE: Paul Malinowlki, Eucu- City of En&lewood live Direc:lor; Jmet Grinneu, Housilla Fance Specialist COUNCIL GOAL AND PREVIOUS COUNQL ACIJON; ~: Housina Prcvjou1 Action: City Council bu appro\'ed resolutiona 1IO file CDBG lfPlicllionl IIDlllly since 1977. In addition, die City Council appro\'ed die eucilballof• ......... waal Aareen1ent between die City ofEn&lewoocl and Anplboe County by,... ofOl'llinace m, Series of 1994 coverina die participation in die Anpahoe County CDBG Enddena• Prasram for ftmdln& years 199S throup 1997 . RttQMMPIQEQ ACIJQN; Staff seeks Council support for a resolution IO apply for a 1997 CCJIIUIUlity De..ao, a Bloct Grant (CDBG). Fundina levels for 1997 are not yet 8¥lillble, 11111 it ii W iJ MI t .... ru.tilrs level will be close to the 1996 CDBG awud, whic:11 wa $215,191. The &dml cmHl fmmm consias of die followilll objec:dwa: The Erulement Pro&ram provides lflllS to units of local .,..._ 11111 mt.n COUTlliel IO meet housina and community developmerl needs. 'Ille primary abjecdve of• propa ii• dewl- opment of viable urban comnainltles by: 1) providina decent housin& Ind a IUillble livilll llffll'OIDII•; Ind 2) expandina economic opportunities, principally for penons of low-Ind moder• income. . , .. I· 0 ' 2 I --~---------------------.,---------------------------- • ·, • The objective of the Program is achieved through a program developed by the local government which is designed to give maximum priority to those activities which will benefit low-and moder- ate-income families or which will aid in the prevemon or eliminllion of slum or blight. The re- quest for funds may also include activities which are designed to meet other urgent development needs in the community which pose a serious and immediale threal to the health or welfare of the community if other financial resources are not available. The activities that will best serve the objectives of the program will be delermined by the local gov- ernment. Funds, which are approprialed annually by the Conareu for thil proanm, are alloc:a&ed by stalU· tory formula to each entitlement area. Anplhoe County ii • approved emitlement .._ The grant funds are dillribuled on a fornmla basil ID participllina cities within Anplhoe County. In order to receive funds from the 1997 Anplhoe County CDBG Program, the local govemmeill must submit an applicadon. Since the program ii noncompetitive, the County will evaluale the applications based on compliance with the Nllional Objecdvea. The J..&al. Prpmm Objec;tiyg· For fiscal year 1997, a multi-project CDBG applic:alion ii bein& proposed. Funds are being re- quested to support the City's CIOllliming Housin& Rehabililalion Project and the Broadway Corridor Project and also to provide funds for the Family Self Sufficiency Program sponsored by the En&le- wood Housina Authority with the followin& estimad amounts: I) $150,000 to rehabilitale 15 low-income housing units sc:lllered throughout the City; 2) $50,000 to demolish and rebuild I low-income housin& unit in the Broadway Corri- dor Project area; 3) $10,000 to suppon Family Self Suff'aclency 4) $40,000 for direct monitorina and general adminiltl'llion. Funding will allow the COMilmlion of the Housin& Rehabilitation and Broadway Corridor Projects, and will assist with the fundin& for the Family Self Sufficiency Pqnm apomond by the &ale· wood Housing Authority. ONANQAL IMPACT; The existin& employees in the Housina Division are available to •minister lhe prosnm, and their salaries and benefits are part of the City's CIOlllribulion IOWad fundin& lhe Housins Rehabilitation and Broadway Corridor Projects . The City will utilize a portion of lhe COBO funding ($40,000) to partially off-set the cost of those salaries and benefits. YSJ QF .\TIACHMEN[S; Resolution • • • \, ·~ntnan OPBMGUIWOOD MJ'l'809!1NQ'l'IIS IIDIJIIDIG / AUTHOBITY OF THE CITY OF ENGLIWOOD, COLORADO TO FILE AN .... flllDII Wl'III WNar:la OOUlft'I' J0a A 1llr oa•'1Jatl PJVKWPMSNT BLOClt ~ TO FIJJG)~USING RBBABILITATION ...... ta ..... AYOG +aa AIID.tllllrWllll '11111 FUNDING FOR THE FAMILY SELF SUFFICIENCY PROGRAM. WHEREAS, Enpewood City Council bu appro¥9d CDBG ~ "-1977 wl approYed the euc:utiOD ofotm ID..,._.tal Acr-t with tbe ...... of OrcliuDce No. 37, Series of 1991 covwm, tbe City'1 puticipatian ill tbe Anpaboe County CDBG Entitlement Prop-am for ftmdinc yean 199'l throacb 19M; wl WHEREAS, the Eqlewoocl City Council i1M*Wed ,_.... ofOnlillace No. 89, Seriel of 19M, authorising the aecution of an ID~ Ac, a rt....._ tbe City of Eql-oocl and Arapahoe County coveria, participetiOD ill tbe Anpaboe County CDBG Entitlement Prop-am for fimdini yean 19915 throacb 1117; wl WHEREAS, the Arapahoe County Community Develapmmt Bloc:k Grant Prop-am provides grantl to putic:ipaan, municipalitiea to meet bouams ad -unity development needl; and WHEREAS, to compete iD the Arapahoe County Community l>ewllopment Bloc:k Grant Prop-am, local government. muat aubmit an application; and WHEREAS, the City of Ensl-ood bu ~ a notice of ftmd availability; and WHEREAS, the Houainc Authority of tbe City of Enalewood, Colcndo delirN to apply for tbeN fundl throup the Arapahoe County 1997 Community ~-t Bloc:k Grant to fund the HoU1in1 RebabilitatiOD Prop-am, The Broadway Corridor Pnject and Uliat with the fundinc for the Family Self 8dlc:iwy Plepoam ill tbe City of Bapwoocl; NOW, THEREFORE, BB IT RBSOLVBD BY '11D CITY COUNCIL OF Tim CITY OF ENGLEWOOD , COLORADO, THAT: Sectim 1. The HOUlins Autbarity of tbe City of....._., Calando ia....., atllariaed to file an applicatiOD for an Arapahoe County 1997 C-.UDity DI, 11,....t Block Ormt to fund the HOUlinc Rehabilitation Plepoam, tbe Broadway Canidar Project ad Uliat with the fundinl for the Family Self Sufflc:imcy Plepoam ill ad a tbe City of ......... • . I. • ,.. • ·, • '<, Sec;tigp 2. The Mayor and City Clerk are authorized to aip and attNt all n-.ry form•, documents, uauranc:ea and certificationa for the Community Development Block Grant for and on behalf of the City Council and the City of Eqlewood. ADOPl'ED AND APPROVED tbia 7th clay afOctaber, 1986. ATTEST : Louc:riabia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Cl.it fCII' the City of Enpewood, Colorado, benby certify the above ia a true copy of Reaolutian No._, Seri• of 1986. ' ' .. I. 0 '32xl • ·, • ,. 1997 CQID1I'l'!' DEVELOIND'l' BLOCK GltAl1'r UPLZCM'IOR l. Name of Proposed Project: Housing Rehabilitation Project Project Address: various addresses within the City of Englewood Amount of 1997 CDBG funds requested: _$_1_90 .... ,._o __ o __ o ____________ _ Total cost of project: _$ __ 4_0J.._,._o_o_o __________ _ 2. Applicant (s) :.....;;;.C_i t""yo......;o;;.;;f;.....;;;En~g""l""e"'"wo_o-d ___________________ _ In the case of a multi-organizational application, names of other applicants: not applicable If applying on the behalf of another entity, name of that entity: not applicable 3. Chief Official of applicant: Name Thomas J. Burns Title __ Ma ...... y __ o_r ________ _ Mailing Address 3400 S. Elati Street City/Zip Englewood, co 80110 Phone __ 7~62--~2~3 ... o __ o _______ __ 4. Designated contact person for this application: Name Janet Grimmett Title Housing Finance Specialist Mailing Address 3460 s. Sherman St, Suite 101 City/Zip Englewood, CO 80110 Phone_ .... 7~61--_6;;.;;2~0 ... o _______ __ S. Type of activity or project (select one from A through L and one subgroup, if applicable) : Please review the attached list of eligible and ineligible activities. • A. B. c. D. Acquisition or Disposal of Real Property Public Facilities and Improvements of: Senior Centers ---Handicapped Centers ---Homeless Centers Youth Centers ---Neighborhood Facilities ---Sidewalks ___ ,arlr.inf Facilities Solid Waste Disposal Facilities ---Flood Drainage Facilities ---Water or sewer Facilities SUNU ,art., ltecreational Facilities Clearance and Demolition Providing Public or Community Services tor: Senior Services ---Handicapped Services ---Hoaeless Services Youth services ::::: Transportation Services Substance Abuse Services ---aattered and Abused SpomH ::::: lllployaent TrailU.119 CriM AMareness ::::: lomi119 Services . ' .. I • 0 --.. ----~-----------.r-------,.,-----------------~------------, • " • •, • <. __ Tenant/Landlord Counaeling E. Removal of Architectural Barriers F. X Rehabilitation _x_ Single Faaily Residential __ tall.ti-Faaily Rousing __ Low-Incoae Public Rousing Inergy Efficiency Iapro-ts __ Other Publicly-owned Residential 'aiiildings Publicly or Privately owned CC1111Nrcial/Ind\1strial = Acquisition -for Rousing G. Code Enforcament H. Historic Preservation I. J. K. L. 6. Economic Development Assistance to Private For-Profit Entities Planning Administration Other -please describe: ______________________________ _ Indicate which one of benefit (as described check an objective administration. the national objectives your project will in the application guidelines). Do not if the activity is for planning or A. Low/Moderate-Income Benefit X Area Benefit (not designed for a specific individual providing benefit to an entire locality) Limited Clientele activities (Ex: Seniors, handicapped persons -benefits one defined group of individuals) X Housing activities Job creation/retention activities B. Elimination or Prevention of Slums or Blight Area basis Activity to complete an urban renewal project Spot basis c. Urgent Need ~-Urgent need activities .. I . • 0 1 32xl • • • • • <. • D. Please describe how this project meets national objective requirements. 7. Description of the project: The Housing Rehabilitation Project provides affordable rehabilitation loans to low and moderate income homeowners scattered throughout the City of Englewood. CDBG funds are blended with monies provided by a bank consortium through a line of credit to make below market interest rate loans for up to a 20-year term. The interest rate could be as low as zero percent depending upon the income of the family. The program enables low and moderate income families to live in safe, sanitary and decent housing units that meet or exceed the Section 8 Existing Housing Quality Standards. A. General project goals: To rehabilitate 15 single family residences for low or moderate income families within the City of Englewood. B. Quantifiable performance standards: To reduce substandard housing by 1%. c. Explain how the project has been coordinated with any local community development planning process or other agencies, as well as any citizen participation that took place in the development of the project. Housing (development and/or rehabilitation) is one of the top five priorities of the Englewood City Council . D. Describe how the project will be implemented, including other entities or subcontracts that will be involved. The Housing Rehabilitation program is a continuing program which began in 1977. The additional funding will serve to continue the existing program. Policies and procedures an already in place and the program will by handled by existing staff. No subcontracts or other entities will be involved. General advertising for the rehab program will be done to encourage the participation of minority and waaen-owned bu.in••• enterprises .. .. I . 0 • 0 I• • through articles and announcements in newspapers of general circulation. Even though a waiting list currently exists, articles and news stories will be placed the Englewood Herald and the Englewood Citizen advertising the availability of the Rehab Program. Loans will be available to finance the necessary work items. The terms of the loan will vary from a zero percent deferred loan to a blended rate loan amortized up to a maximum of 20 years. All loans will be secured by a lien filed on the property. All units will meet the Section 8 Existing Housing Quality Standards upon completion of the rehab. The following is the work priority order: ll life threatening or safety problems; 2) handicap retrofit; 3) energy conservation; 4) elimination of potential code problems; and 5) general property improvements (GPI). GPI cannot be financed with CDBG funds. Applications will be taken on a first-come, first-served basis with priority given to emergency situations. Initial eligibility and work specifications will be determined and prepared by existing housing division staff. Loan approval will be handled by the Rehab Loan Committee made up of 3 non-staff persons. One member is appointed by the Englewood Housing Authority Board of Directors; one member is appointed by the bank consortium; and, one member is appointed by the Mayor. Loan closings and construction monitoring will be handled by staff. Construction funds will be disbursed from individual construction escrow accounts held at one of the banks within the consortium. The homeowner will have an approved contract with an eligible contractor following all normal contract procedures. Funds are disbursed to the contractor after an inspection is made and accepted by the homeowner, City Building Dept., and the Housing Construction Specialist for the EHA. No funds are advanced to the contractor. No more than 80% of the funds approved for work items will be disbursed. Final disbursement will be made to the contractor after final acceptance by all parties and lien waivers have been received from the contractor. ... I • e • • • 8 , Are 51% or more of the people served by this project of low/moderate income status? X Yes No A. Estimated percentage ..... .....;;;.1~0~0 ............... % B. Cite data for low/moderate-income analysis, including census tract and block group (see Attachment 1 for HUD census data). C. Direct client services If this is a direct client service such rehabilitation, or job creation/retention, low/moderate-income eligibility is determined. as housing, explain how Eligibility is determined by a face to face interview. The applicant must supply proof of annual income including, but not limited to, wage stubs, employer's statements, SSA, SSI, and VA verifications, AFDC, OAP verifications, bank statements, and any other verifications needed to substantiate any other liquid assets such as stocks, bonds, etc. 9. Project will primarily serve residents of: or incorporated municipalities X One (which'?°Englewood ) more Unincorporated Arapahoe County ====: County-wide A. Percentage of service recipients residing in unincorporated Arapahoe County: -0-% B. If this is a County-wide project, explain how it will help residents living in unincorporated areas. not applicable 10. Management Capability A. Describe overall staff capability and experience in implementing this project and managing federal funding. Janet Grimmett, Housing Finance Specialist, has over 15 years experience administering various federal, state and local housing rehabilitation or homeownership programs; and, Steve Ozburn, Housing Construction Specialist, has over 21 years experience inspecting single family homes, writing work specifications, and monitoring residential rehab projects through to the completion stage. ..... .. I· , • • • (. B. Please indicate the amount of any CDBG funding your organization has previously received from Arapahoe County, as well as the amount of any such funds still remaining. 1993: $249,787.00 Remaining: -o- 1994: $265,531.00 Remaining: -o- 1995: $236,577.00 Remaining: -o- 1996: $215,791.00 Remaining: $180,791.00 C. List the names, titles, mailing address, and phone numbers of the following persons who will have responsibility for managing the project if the grant is awarded. 1. Project Manager (responsible for overall grant administration) Paul Malinowski, Executive Director, Englewood Housing Authority, 3460 s. Sherman St, Suite 101, Englewood, CO 80110 2. Project Coordinator (responsible for day-to-day ectivities) Janet Grimmett, Housing Finance Specialist, 3460 s. Sherman St, Suite 101, Englewood, CO 80110 3. Fiscal Officer (responsible for financial administration) Claudia Thomas, 3400 S. Elati St, Englewood, CO 80110 11. Is your organization a: Non-profit (type _________________ ~ For profit --x---Governmental (type_Mun __ i_c~ipa __ l ________ _ Other (describe ______________ _ If a non-profit organization, please •tt•ch "ll)ropri•t• tax status certification. 12. Attach a line item budget for the proposed project using Form 12. Include total project cost and all funding sources. 13. Attach a project timeline using Fora 13. 14. If the project includes any physical i.aprov ... nts, till out and attach Form 14, complete with estillated coats. ' ( • . .. I. • 0 'a2xl --------------------------,.,~-------------------------------..--- COLUMN A ..... u. .......... Alliwilia A. ........ ~ ... by l'rionly(~ ..... , &I .. lliaa .......i 8. ,,... Al:livilioo. Lill by Priarily (~ _., alojocliw) ... ,, .. lliaa Di!N ...... W--. ........... ~ MIMlioo ........ ~·Mlffllia 10T4L • • • (. J:DDIIT B !'CR( 12 COIDIN B COI.tNf C ....... T ... C.tltiat .... .,c:mo,.. lm•AIIMIJ~C-....... C...D) S,1,000 S 10.000 145.000 s JG.GOO SJ00.000 SU0.000 S40l.OOO ...... ~ S40l.OOO ··-- COLUMN D c-..,.. o..111,,1 (~ .,....., s 41,000 S IS.000 1150.000 DIJMO DIJ.000 I . ..... • • <. - I I ~Lll, 11111,---~l :-r-ti-___ _Jit l,1 111 ~.11.n,tt-11 ____ JJ s ~rw,1.pm-,ti-" t--'t--_-_-_-_-_-_-_J_JI I J. 1111 -1 ; iLl 11:-1111,: :t: ____ Ji ~ . :: 111 -t j 1 .... ,1 ---~! -1 ' ' I • t I i I J .. i ' . ' ... . . .. • .,,i---------------------- • ·, • <. Activity Description Number of Unit Units or Price Size Source of Estimat•=----------------- Date of Estimate: .. Total Cost .. ., • 0 'J2xl ------------------------.,------~------~--------=-----,---- • ,.. -. • • . . TO THE BEST OF MY KNOWLEDGE AND BELIEF, THE STATDENTS AND DATA IN THIS APPLICATION ARE TRUE AND CORRECT, AND ITS stJIIIISSI<* RAS BEEN OOLY AUTHORIZED BY THE GOVERNING BODY OF THE APPLICANT. WITH TRIS sualISSic»r, 1IE ALSO AGREE TO FOLLOW ALL RULES AND UGUIATI<*S GOVERNING CDBG nJNDING. SIGNATURE, CHIEF OFFICIAL SIGNATURE, CHIEF OFFICIAL* Thomas J. Burns NAME (TYPED OR PRINTED) NAME (TYPED OR PRINTED) Mayor TITLE TITLE October 7, 1996 DATE DATE *Additional signature required only in the case of •mu1ti-or9anizational • applications. If this is a •multi-or9anizationa1• application, the chief official of each entity makin9 application must sign. Attach an additional sheet if necessary. . , •. I . . C '32xl • 0... October 7 , 1996 INITIATED BY 0 I• • COUNCIL COlaUNICATION 111 111 STAFF SOURCE Subject ,... Cannct fDr Sarllll Fe ......... ...,.... Department of Public Works Chuck Early. DndDr' of Public Wortca COUNCIL GOAL AND PREVIOUS COIMCIL ACTION Council approved RelOlution No. 1e. Sela of 1998, IIPt:NQPlillting fundl for Santa Fe Lanmcapi11g . RECOMMENDED ACTION )'F':{D Staff recommends Council award. by motion, I construction contract in the amount r:f ~.70 «. •• ch LM .. 11. Inc. for the construc:tion of...... I: t Pl g R r. -.,r hM review9cl the quallllcallons of the low bidder, Landtllch Lmldlcapi11g, Inc .• and tlndl them accaptll>le . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED The Cities of Englewood , Sheridan , and Uttleton identlllld the need ID enhance improvements along the South Santa Fe Corridor . The "Tri Cities group WIS formed ID implenwlt theN impi01191Mnta . De Leuw , Cather & Company WIS retained by the Colorado Department of Tl'III IIP(ll1lllion ID complell llndsclpe design . At Englewood's request, COOT agrNd ID fund design for the --. conidor, including landlcllped medians in Highway 285 from Cherokee to Hu,:on. This design wa conipllad in Sepllmber, 19118. and is Ntimnd to cost approximately S2.200,000u;Qe Tri C-. group hal piiorttiud landscape improvements to meet available funding. i ?-.?-..,.,.. .. FINANCIAL .. ACT ThirtNn contractors purchllNd plans and apecillcaliol11 for tNI projlct. The beM bid price indudN coeta aaocia9d with landscllped medians on SH 285 from Huron lo a.aic.. Four bids ... ,---and opened on Seplembet 25 . 1998 • dellliled in .. llltached Bid Propoul Tabulation . The Engineer's &lirlwe, snpered by coors design consultant is considerably below .. bids 19Ceiv9d . The City 's bid documents..,. structured ID allow deletions of portions ofwortt if bid UCNds prqect funding . Staff recommends deleting .. construction of modular concr9III retaining walls and MIO ciald W1l1work at the Hampden Interchange . This brings the contract amount down by $322,892 .30 ID 1417,111.70. Adequate funds for this project .,. available within the approved budgets for Santa Fe Landscaping and City Beautification . UST OF ATTACHMENTS Contract Form Bid Tabulat ion •. ... I· , -----------------------.,------------------------------- • • ,. •, - CONTRACT CITY OF ENGI.ElfOOD, COLORADO TRIS CONTRACT and agreement, made and entered into thi•--1~•-_____ da.y of __ -'PSTPI ........ ------~· 19 If by and between the City of SDglewood, a municipal corporation of the State of Colorado hereinafter referred to .. the •city•, party of the fir•t part, and -----------------· hereinafter referred to•• the •contractor•, party of the •econd part . WITNBSSBTH , coanencing on the ____ ___.5._th _______ day of ---•IIPTPI-.--P---· 19....11 , and continuing for at lea•t ten (10) day• thereafter the City adverti•ed that •••led proposals would be received for furni•hing all labor, tool•, aupplie•, equipment, material• and everything nece•••ry and required for the following : PROJECT: l9Jffll MID D HFIWI DYi I IIHBREAS, propo••la pur•uant to ••id advertis-t have been received by the Mayor and City Council and have been certified by the Director of Public llorka to the Mayor and City Council with a recommendation that a contract for aaid work be awarded to the above named Contractor who wa• the lOW9at reliable and re•pon•ible bidder therefore, and WHBRBAS, pur•uant to ••id re~tion the Contract ha• been awarded to th• above named Contractor by the Mayor and City Council and ••id contractor i• now willing and able to perform all of ••id work in accordance with .. id adverti•ement and hi• propo•al . NOW THEREFORE, in consideration of the conpen9ation to be paid the Contract, the mutual agreement• hereinafter contained are •ubject the terms hereinafter •tated: A. contract P9CWP1Dt1 : It i• agreed by the partie• hereto that the following li•t of instrument•, drawing• and doculllent• which are attached hereto, bound herewith or -20- .. I . 0 • ------------~----.-------------------~--------------- • • incorporated herein by reference conatitute and ahall be referred to either•• the contract Document• or the Contract and all of aaid inatruments, drawing•, and document• taken together aa a whole conatitute the Contract bet-...n the partiea hereto and they are•• fully a part of thi• agreea.nt •• if they -re aet out verbatim and in full herein: Advertiaement of Notice for Propoaala Propo-1 Contract (thi• inatr,aent) Perforaance Payment Maintenance Bond Receipt, Rel••••, Waiver of Claima Special Proviaiona General Ccmditiona Detailed Specificationa Plana and Drawing• B. Scopa cf Work : The Contractor agree• to and ahall furniah all labor, toola, aupplie•, equipment, material• and everything neceaaary for and required to do, perform and complete all the work deacribed, drawn, aet forth, ahown and included in aaid Contract Do~nta. c . Il[JQI of Performance : The Contractor agree• to undertake the performance of the work under thia Contract within ten (10) daya from being notified to conmence work by the Director of Public Worka and agr••• to fully complete aaid work within ti111e limita/dat•• detailed in Section 2, Special Proviaiona, plua auch extenaion or extenaiona of ti111e ••maybe granted by the Director of Public Work• in accordance with the proviaiona of the General Conditiona. D. Il[JQI of bYIDIPt: The City agr••• to pay tha Contractor for the porformance of all the work required under thia contract, and the Contractor agree• to accept•• hi• full and only compenaation there(ore , auch aum or auma of money•• .. y be proper in accordance with the price or price• aet forth in the Contractor'• Proposal hereto attached and made a part hereof, tha total estimated coat thereof being l'9PI IPIPIIP Un:t 11111 ffl!JIIF UD -Pl 1111D' PP dpllar• IP4 IIYIID'I SMl&I · <ltl7,lll,7Pl · E. Appropriation cf Pupdf: At preaent, lt17 «Ill, 7P haa been appropriated for the project . Hotwitbatanding anything contained in thi• Agre-nt to the contrary, in the event no funda or inaufficient funda are appropriated and budgeted by the governing body or are otherwiae unavailable by any meana whataoever in any following fiscal period for which appropriations were received without penalty or expense except aa to tho•• portions of the AgreellleJlt or other amount• herein for which funda have already been appropriated or are otherwiae available . -21-I • I ---~----------------------,.,----------------------------.---- • • • (. The City eb&ll i-41.ately notify Trll'ffl'I HfflOPJW, g. or ita aeeign-of euch occurrence in the .-t of euch teraination. F. Coptract 13Pd1PS= It i• agned that thie CODtract eb&ll be binding on and inure to the benefit of the partiu bereto, their beire, exec:utore, adlllinietratore, uaipa, and eucceaaore. nr lfITIDSS WBDmP, the partiea baw caUNd tbeN p~ta to be aigned peraonally or by tbeir duly autborind offic:en or ~ta and tbeir Hale affixed and duly atteated tbe day 1111d Y9AZ' firet aboft writtm. Thie Contract ia mcuted in t COUDtuparta. CITY OP llmLDOOI> by Na=-yo---r------------ Party of the Pirat Part ATTEST : City Clerk Contractor Approved ae to form: by "'Part-.-y-o""'f...,tiii_.....,,S_ec:_aad_....,j""art ___ _ City Attorney ATTEST : Secretary -22- • I • . f .. I • • 0 '32 x l • • • ·.., • ... SOUTH SANTA FE LANDSCAPE -PHASE I BID PROPOSAL TABULATION SEP1Bl8ER 25, , ... Bidder/ Plan Holder BaeBld Bond Engineer's Estimllle $530,000.00 LANOTECH LANDSCAPING $780,292.00 y URBAN FARMER $807,710.00 y HAMON CONTRACTORS $852,485.00 y RANDALL/ BLAKE $858,177.00 y LOW BIDDER: LANDTECH LAND8CAPl'tG Ramarb ' ' ,,. ; HIJI ' . ' • • • • • CQUNCU. COMMUNICATION DATE: October 7, 1996 AGENDA ITEM SUBJECT: Amendment of Com- 11 • tv prehcnsive Zoning Ordinance INITIATED BY: Office of Neighborhood STAFF SOURCE: Rohen Simpson, Man- and Business Development ager of NBD COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; Council Goal : Quality of Life, E.conomic Development Previous Coupcjl Actjon: City Council bas previously discussed in study session, the Ft. Col- lins Ordinance establishing standards and guidelines for the development of large format retail businesses. City Council requested NBD and the Planning Commission to consider imple- menting similar standards and guidelines IS pan of the Comprehensive Zoning Ordinance . RECOMMENDED ACTION; Staff requests that City Council schedule the proposed "Larae Format Retail Design Standards and Guidelines~ tar pilllic llllllilll al lllll'Oftl • Nau la "· 19'6. BACKGROUND. ANALYSIS. AND ALJ'ANATIVU IQIN •at •EO; The proposed standards and guidelines on Iarse format mail businesses will provide staff, the Planning Commission, and City Council additional opponunities to ensure quality development of large fonnat retail outlets within the City of Enalewood. The proposed staodards and guidelines address facets of development such as architeciural variety, scale of the proposed development in relation to surroundin& development, pedestrian and bicycle access as well as motorized vehicular access, and mitigation of negative impacts . The redevelopment of the Cinderella City Mall area, IS well u redevelopment of areas along South Br.:>adway. is of great interest and concern to members of the City Council, the Planning and Zoning Commission, and to staff. The trend to "bia box" development bas frequently re- sulted in bland , unaunctive expanses of concrete Walls with DO vuyq architectural fealures to break the monotony of imposina suucnues. The proposed standards and pidelines allow I· 0 • • .,------;r--------~-----~----:--...--,, • • . ' .. wae format mail coostruction.. but 1bc desip will mw to meet apecific quality llaDdards and pidelines. FINANCIAL IMPACT; Enamnem of 1bc propolCd desip llaDdards and pidelines for wae format mail outlets will not require any fimncial outlay on 1bc put of 1bc Cily. Riper quality dcvelopmem can, how- ever, result in increased cu revenues for 1bc Cily. IJST Of AJTACIIMEN]'S; Bill for Ordinance Slaff Repon IOR 96-04 .. ' : ·~ . , .. I . 0 '32xl • .1--------------------------- ORDINANCE NO. _ SERlES OF 1996 . ' • • '· fl! 1!/J ?? BY AUTHORITY A BILL FOR Alf OBDINANCB AIIBNDDfG Tft'LB 11, CIIAPl'D I. BY CIBATING A NEW SECl'ION 25, AND AMENDING fflLE l&. CHAPl'D a, SBCTION 1, OF THE .....-000 IIUNICIPAL CODS 1111 SN'l'l'ftm DIIIIOlf 8TANDA8DS AND GUIDELINES FOR LARGE RETAIL ESTABLISHMENTS. WHEREAS, the City of Englewood faces a future of c:banp and community renewal; and WHEREAS, this ordinance aerves to introduce new regulations reprding desip · standards and guidelines for lup format retail buain-; and WHEREAS, Thia proposal provides the opportunity to brin, forward ltanclanh and guidelines that will ensure that development of I.up format retail ~-fit with the expectationa and needa of the community; and WHEREAS, the ltanclanh and guidelines are intended to encourap development that contributes to Englewood u a unique place by reOec:tinc ita phyaical cbaracter and adding to it in appropriate wayt; and WHEREAS, larp retail developmenta depend OD hip vilibility from major public streets; and WHEREAS, larre development dNip cleterminel much of the cbaracter and attractiveness of ~r at.Net -pea in the City; and WHEREAS, marketiq interesta of many c:arpontioaa, -with ltrODf input by professional desipen, can be potentially cletrimmtal to community upiratiODa and sense of place when they result in muaive iDdmdual deYelapmmta that do not contribute to or integrate with the City in a poaitive way; and WHEREAS, these ltanclanh and guidelines require a buic lewel of an:bitectural variety, compatible acale, pedestrian and bicycle acceu, and mitiptiOD of ne,ative impacu; and WHEREAS, the ltandarda are not intended to limit creativity, but rather are intended to serve u a uaefu1 tool for desi.p pro(Naianala ...,.ct in site apecific design ; and WHEREAS, th-ltanclanh and guidelinN apply to all -projecta that iDclude a retail development of 20,000 or man aquare felt u a 1119-by-riabt or within a plumed unit development without equal or more ltrinpnt mail deaip ltandarda and ruidelines ; • I • ' , • . I . 0 • . , . • NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : $et;tion 1. The City Council of the City of Englewood, Colorado hereby approves amending Title 16, Chapter 5, by creating a new Section 25, of the Englewood Municipal Code which shall read u follows : 16-6-25: DESIGN STANDABD8 AND GUIDELINES FOR LARGE RETAIL ESTABLISBMENT8: A . PURPOSE. THIS SECTION IS INTENDED TO SET STANDARDS FOR RETAIL DEVELOPMENT WITH COMMUNITY-WIDE OR REGIONAL IMPACTS TO ENSURE THAT THE PROPOSED DEVELOPMENT FITS 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 UMIT CREATMTY; 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 PROCEDURE . THESE STANDARDS 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 PROJECTS 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 IIAY 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 -2- .. I. C C. • • C. • <, DIFFICULTIES OR EXCEPl'IONAL AND UNDUE HARDSHIP UPON THE OWNER OF THE AFFECTED PROPERTY; OR 2. THE ALTERNATIVE SITE PLANNING AND BUILDING DESIGN APPROACH MEETS THE DESIGN OBJECTIVES AS STATED IN THE STANDARD, EQUALLY WELL OR BETl'ER THAN WOULD COIIPUANCE WITH THE STANDARD; AND 3. IN EITBB1l OF THE FORBGOING CIBCUIISTANCES, THE EXCEPTIONS IIAY BB GIWffBD WITHOtrr SUBSTANTIAL DETBDIENT TO TBB PUBUC GOOD. AESTHBTIC CIL\JlACTEll 1. FACADES AND UTDIOR WALLS: GUIDELINE: FACADES SHOULD BE All'l'ICULATED TO REDUCE THE MASSIVE SCALE AND THE UNIFORM, IMPERSONAL APPEABANCES OF LAllGE RETAIL BUILDINGS AND PROVIDE VISUAL INTEREST THAT WILL BE CONSISTENT WITH THE COIOIUNITY'S mENTITY, CHARACTER AND SCALE. THE INTENT IS TO ENCOUllAGE A MORE HUMAN SCALE THAT ENGLEWOOD RESIDENTS WILL BE ABLE TO IDENTIFY WITH THEIR COIOIUNITY. .3. '' •. .. I. 0 1 32xl • • ·. • STANDARD : a . FACADES GREATER THAN 75 FEET IN LENGTH, MEASURED HORIZONTALLY, SHALL INCORPORATE WALL PLANE PROJECTIONS OR RECESSES HAVING A DEPTH OF AT LEAST 311, OF THE LENGTH OF THE FACADE AND EXTENDING AT LEAST 20 PERCENT OF THE LENGTH OF THE FACADE . NO UNINTERRUPI'ED LENGTH OF ANY FACADE SHALL EXCEED 75 HORIZONTAL FEET. b . GROUND FLOOR FACADES THAT FACE PUBLIC STREETS SHALL HAVE ARCADES, DISPLAY WINDOWS, ENTRY AREAS, AWNINGS, OR OTHER SUCH FEATURES ALONG NO LESS THAN 60 PERCENT OF THEIR HORIZONTAL LENGTH. llffli1c:lian1 1 w.._......,.. ...... ~t/111-..-..-..~~fll ~Oll'-Cle....,, An ,m a::r-; felll.lt'el sue, a II.-,,.,._'°"' f/1-.......... for any tacac:1 aDumng a IIUDliC ... -4- • . I . . •~ • '· 2. SMALLER RETAIL STORES: GUIDELINE: THE PRESENCE OF SIIALLEll B.ETAIL STORES GIVES A CENTER A 'FRIENDLIER' APPEARANCE BY CREATING VARIETY, BREAKING UP LARGE EXPANSES, AND EXPANDING THE RANGE OF THE SITE'S ACTIVITIES. WINDOWS AND WINDOW DISPLAYS OF SUCH STORES SHOULD BE USED TO CONTRIBUTE TO THE VISUAL INTEREST OF EXTERIOR FACADES . THE STANDARDS PRESENTED IN TIUS SECTION ARE DlllECTED TOWARD THOSE SITUATIONS WHERE ADDfflONAL, SMALLER STORES, WITH SEPARATE, EXTERIOR CUSTOMER .. ENTRANCES ABE LOCATED IN PRINCIPAL BUILDINGS. STANDARD: WHERE PRINCIPAL BUILDINGS CONTAIN ADDfflONAL, SEPARATELY OWNED STORES WIDCH OCCUPY LESS THAN TWENTY THOUSAND (20,000) SQUARE FEET OF GROSS FLOOR AREA, WITH SEPARATE, EXTERIOR CUSTOMER ENTRANCES: .. THE STREET LEVEL FACADE OF SUCH STORES SHALL BE TRANSPARENT BETWEEN THE HEIGHT OF THREE FEET AND EIGHT FEET ABOVE THE WALKWAY GRADE FOR NO LESS THAN 80 PERCENT OF THE HORIZONTAL LENGTH OF THE BUILDING FACADE OF SUCH ADDfflONAL STORES. b. WINDOWS SHALL BE RECESSED OR BE EXTENDED AND SHOULD INCLUDE VISUAUY PROIIINENT SILLS, BAYS, OR OTHER SUCH FORMS OF FRAMING. 3 . DETAIL FEATURES: GUIDELINES: BUILDINGS SHOULD HAVE AllCHITECTUllAL FEATURES AND PATTERNS THAT PROVIDE VISUAL INTEREST AT THE SCALE OF THE PEDESTRIAN , REDUCE MASSIVE AESTHETIC EFFECTS, AND RECOGNIZE LOCAL CHARACTER. THE ELEMENTS IN THE FOLLOWING STANDARD SHOULD BE INTEGRAL PARTS OF THE BUILDING FABRIC, AND NOT SUPERFICIALLY APPLIED TllDI OR GRAPHICS, OR PAINT. STANDARD : BUILDING FACADES SHALL INCLUDE A REPEATING PATTERN THAT SHAU INCLUDE AU THllU OF THE ELEMENTS USTED BELOW . AT LI.AST ONE or THESE I ELEMENTS SHALL UPEAT HORIZONTAUY. AU ELEMENTS SHALL UPEAT AT INTEllVALS or NO MORE • THAN THIRTY (30) FEET, EITHEll BORIZONTAUY OR VERTICALLY . .. COLOR CHANGE .5 . • • .. ·, • b. TEXTURE CHANGE c. MATERIAL MODULE CHANGE EXPRESSION OF ARCBITECTUBAL OR STRUCTURAL BAY THROUGH A CHANGE IN PLANE NO LESS THAN 12 INCHES IN WIDTH, SUCH AS AN OFPSET, REVEAL, OR PROJECTING RIB. structural bay layout Expreuian of Arcbitecanl or Struaaral Bay. 4 . ROOFS : GUIDELINE : VARIATIONS IN ROOF LINES SHOULD BE USED TO ADD INTEREST TO, AND UDUCB THE MASSIVE SCALE OF, LARGE BUILDINGS . ROOF nATUUS SHOULD COIIPLEIIENT THE CHARACTlll OF ADJOINING NEIGHBORHOODS . -6- .. .. I . • 0 , • • STANDARD : ROOFS SHALL HAVE NO LESS THAN TWO OF THE FOLLOWING FEATURES : a . PARAPETS CONCEALING FLAT ROOFS AND ROOFI'OP EQUIPMENT SUCH AS HV AC 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 l FOOT OF VERTICAL RISE FOR EVERY 3 FEET OF HORIZONTAL RUN AND LESS THAN OR EQUAL TO l FOOT OF VERTICAL RISE FOR EVERY l FOOT OF HORIZONTAL RUN . d . THREE OR MORE ROOF SLOPE PLANES. ,,,.,_,1 .. _...,. -7 - • C • • '· 5 . MATERIALS AND COLORS: GUIDELINE : D.TEBIOR BUILDING MATERIALS AND COLORS COMPRISE A SIGNIFICANT PART OF THE VISUAL IMPACT OF A BUILDING. TBEBEFORE, THEY SHOULD BE AESTHETICALLY PLEASING AND COMPATIBLE WITH MATERIALS AND COLORS USED IN ADJOINING NEIGHBORHOODS. STANDAJlD : .. PREDOIIINANT EXTERIOR BUILDING MATERIALS SHALL BE HIGH QUALITY .. IIA'l'ZIUALS. THESE INCLUDE, WITHOUT LIMITATION : (1,) BRICK (2 .) WOOD (3 .) SANDSTONE . (4.) ffl7CCO (5 .) OTBEll NATIVE STONE (6 .) TINTED,TEXTUllED,CONCRETE MASONRY UNITS b . FACADE COLORS SHALL BE LOW REFLECTANCE, sum.E, NEUTRAL OR EARTH TONE COLORS. THE USE OF IDGH INTENSITY COLORS, IIETALUC COLORS, BLACK OR n.uou:scarr COLORS IS PBOIIIBITED. c . ROOF MA'IDIALS SHALL BE OF IDGR QUALITY IIA'l'DIALS. THESE DICWDE WITHOUT LDOTATION : (1 .) IIETAL (2 .) CONCRETE (3 .) TILE d . BUILDING TRIii AND ACCENT ABEA8 MAY FEATURE BRIGHTER COLORS, DICLUDING PRIMARY COLORS. .. PREDOIIINANT EXTERIOR BUILDING MATERIALS SHALL NOT INCLUDE THE FOLLOWING : (1 .) SMOOTH-FACED CONCRETE BLOCK (2 .) TILT-UP CONCRETE PANBLS (3 .) PRE-FABRICATED STEEL PANELS (4 .) POURED DI PLACE CONCRETE 8 . ENTRYWAYS : I • GUIDELINES: ENTRYWAY DISJGN ICLDDN'r& AND VARIATIONS SHOULD GIVS ORIENTATION AND AESTHETICALLY PLIASJNG CIL\L\C'l'lll TO THE 0 -8 - • '32xl I . • I • . • ' ' '· ... BUILDING. THE STANDARDS IDENTIFY DESIRABLE ENTRYWAY DESIGN FEATURES. STANDARD : EACH PRINCIPAL BUILDING ON A SITE SHALL HAVE CLEARLY DEFINED, IUGlll.Y VISmLE CUSTOMER ENTRANCES FEATURING NO LESS THAN THREE OF THE FOLLOWING: .. CANOPIES OR PORTICOS b . OVEllBANGS c . RECESSES/PROJECTIONS d . ARCADES .. e . RAISED CORNICED PARAPETS OVER THE DOOR f . PEAKED ROOF FORMS ,. ARCHES h . OUTDOOR PATIOS i . DISPLAY WINDOWS j. ARCIUTECTURAL DETAILS SUCH AS TILE WORK AND MOLDINGS WIUCH ARE INTEGRATED INTO THE BUILDING STRUCTURE AND DESIGN k . INTEGRAL PLANTERS OR WING WALLS THAT INCORPORATE LANDSCAPED AREAS ANDIOR PLACES FOR SITl'ING. WHERE ADDfflONAL STORES WILL BE LOCATED IN THE PRINCIPAL BUILDING, EACH SUCH STORE SHALL HAVE AT LEAST ONE EXTERIOR CUSTOMER ENTRANCE, WIUCH SHALL CONFORM TO THE ABOVE REQUIREMENTS . 7 . BACK AND SIDE FACADES : GUIDELINE: ALL FACADES OP A BUILDING WHICH ARE VISmLE FROM ADJOINING PROPERTIES ANIWR PUBLIC STREETS SHOULD CONTRIBUTE TO THE PLEASING SCALE FEATURES OF THE BUILDING AND ENCOURAGE COIOIUNITY INTEGRATION BY FEATURING CHARACTElllSTICS SIMILAR TO THE FRONT FACADE . STANDARD : ALL BUILDING FACADES WIUCH ARE VISmLE FROM ADJOINING PROPERTIES ANDK>R PUBLIC STREETS SHALL COMPLY WITH THE REQUIREMENTS OF FACADES AND EXTERIOR WALLS SECTION OF THESE DESIGN STANDARDS AND GUIDELINES. ~ I • • 9 • • ---------------------------------------------------------- • • • 0 •• • D . SITE DESIGN AND RELATIONSIUP TO THE SURROUNDING COMMUNITY 1. ENTRANCES : Culllli!I* : Ennnc:e C .. '; . ·, ... -. ,--. . :, . . · .. .. ~:·· 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 ABUTI'ING 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 . l'U I LI C S T ll ((T Example of a development with customer mcrmces on all sides wbicb face a public IU'eCt. -10 - -• .. .. C .. u -• :, .. .. I • • . ,~ • 2. PARKING LOT ORIENTATION : GUIDEUNE: 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. IF BUILDINGS ARE LOCATED CLOSER TO STREETS, THE SCALE OF THE COMPLEX IS REDUCED, PEDESTRIAN TRAFFIC IS ENCOURAGED, AND ARCHITECTURAL DETAILS TAKE ON ADDED IMPORTANCE. STANDARD: NO MORE THAN 70 PERCENT OF THE OFF-STllEET PARKING AREA FOR THE ENTIRE PROPERTY SIW.L Bl LOCATED BETWEEN THE FRONT FACADE OF THE PRINCIPAL BUILDING<Sl AND THE PRIMARY ABUTl'ING STREET. 3 . BACK AND SIDES : GUIDEUNE : THE REAR OR SIDES OF BUILDINGS OFTEN PRESENT AN UNATl'RACTIVE VIEW OF BLANK WALLS , LOADING AREAS, STORAGE AREAS , HV AC UNITS, GARBAGE RECEPTACLES , AND OTHER SUCH FEATURES . ARCHITECTURAL AND LANDSCAPING FEATURES SHOULD MITIGATE THESE IMPACTS . STANDARD : THE MINDIUII SETBACK FOR ANY PRDIARY BUILDING FACADE SHALL BE 'ffllllTY.FJVE (35 ) FEET FROM THE NEAREST PROPERTY UNE. SCREENING WALLS MAY BE PLACED CLOSER TO THE STREET SO LONG AS THE FACADE IS IN COMPLIANCE WITH STANDARDS SET FORTH WITHIN THE FACADES AND EXTEIUOR WALLS SECTION . WHERE THE FACADE FACES ADJACENT RESIDENTIAL USES OR PUBLIC STREET, AN EARTHEN BERM, NO LESS THAN 3 FEET IN HEIGHT, CONTAINING AT A MINIIIUI(, EVERGREEN TREES PLANTED AT INTERVALS OF 20 FEET ON CENTER OR IN CLUSTERS OR CLUMPS, SHALL Bl PROVIDED . 4 . OUTDOOR STORAGE, TRASH COLLECTION, AND LOADING AREAS : GUIDELINE : LOADING AREAS AND OUTDOOR STORAGE AREAS EXERT VISUAL AND NOIBI IMPACTS ON SURROUNDING NEIGHBORHOODS . THESE ARIAS, WHEN VISIBLE FROM ADJOINING PROPERTIES AND/OR PUBLIC STREETS. SHOULD Bl SCUENED, UCl8UD OR ENCLOSED . WHILE SCllEEN8 AND UCUSE8 CAN EfflC"l'IVEL Y MITIGATE nm&I IIIPACTI, THE DLSCTION or INAPPROPRIATI SCRDNING IIATSaJALS CAN EXACIRBATI THE PSOBLIII . APPllOPmATI LOCATIONS FOR LOADING AND OUTDOOR STORAGE AHAS INCLUDE . l l . •. I . ... • • . . AREAS BETWEEN BUILDINGS, WHERE MORE THAN ONE BUILDING IS LOCATED ON A SITE AND SUCH BUILDINGS ARE NOT IIORE THAN 40 FEET AP/Jff, OR ON THOSE SIDES OF BUILDINGS THAT DO NOT HAVE CUSTOMER ENTRANCES. STANDARD : .. AREAS FOR OUTDOOR STORAGE, TRUCK PARKING, TRASH COLLECTION OR COIIPACl'ION, LOADING, OR OTHER SUCH USES SHALL NOT BE VISIBLE FROM ABUTl'ING STREETS. .. b . NO AREAS FOR OUTDOOR STORAGE, TRASH COLLECTION OR COIIPACl'ION, LOADING, OR OTBEll SUCH USES SHALL BE LOCATED WITHIN 20 FEET OF ANY PUBUC STREET, PUBUC SIDEWALIC. OR INTERNAL PEDESTRIAN WAY. c . LOADING DOCKS, TRUCK PARKING, OUTDOOR STORAGE, UTILITY METERS, HV AC EQUIPMENT, TRASH COu.ECl'ION, TRASH COIIPACl'ION, AND OTHER SERVICE FUNCTIONS SHALL BE INCORPORATED INTO THE OVERALL DESIGN OF THE BUILDING AND THE LANDSCAPING SO THAT THE VISUAL AND ACOUfflC IMPACTS OF THESE FUNCTIONS ARE FULLY CONTAINED AND OUT OF VIEW no11 ADJACENT PROPEllTIES AND PUBUC STREITS, AND NO ATl'ENTION IS ATl'RACTED TO THE l"UNCl'IONS BY THE USE OF SCREENING MATERIALS THAT ARE DIFFERENT no11 OR INPERJOR TO THE PRINCIPAL MATIRIALS OF THE BUILDING AND LANDSCAPE. d . NON-ENCLOSED AREAS FOR THE STORAGE AND SALE or ANY INVENTORY SHALL BE PERMANENTLY DEFINED AND SCREENED WITH WAU.S ANDK>R FENCES. MATERIALS , COLORS, AND DESIGN or SCRDNING WALLS AND/OR FENCES AND THE COVEil SHALL CONFORM TO THOSE USED AS PREDOMINANT MATEIUALS AND COLORS ON THE BUILDING. IF SUCH All&AS ARI TO BE COVERED , THEN THE COVERING SHALL CONPORII TO THOSE USED AS PBEDOIIINANT MATDIALS AND COLORS ON THE BUILDING . I • 5 . PEDESTRIAN FLOWS: GUIDELINB: PmSSTIUAN ACCa8IBlllTY OPENS AUTO- ORIENTED DSVBLOPIIDITI TO fflS NEIGHBORHOOD, -12- • . .. . , • .. - .. TIIEIIDY BBDUCING TRAfflC DIPACTS AND ENABLING TBB DBVBLOPIIBNT TO PBO.IBCT A PRIBNDLID, IIORB INVITING DIAGB. TBl8 DCl'ION Sl:TS POllTB STANDARDS POB. PUBUC SIDBWALBS AND Dn'DNAL PBDISTBIAN CIB.CULAffON BY8TDl8 '!'BAT CAN PROVIDE tJSD- Jl'RIBNDLY PBDBlfflllAN ACCm .AS WSLL .AS PBDISTBIAN SAl'BTY, SIIBLTD, AND CONVENIENCE WlTIIIN TBB CBNTB1l GROUNDS. STANDAB.D: •• SIDBWALBS AT LBAST mmrr (8) PDT IN WID'l'II 8IL\U, BB PIIOVIDBD ALONG ALL 8IDa OP 'l'IIB LOT THAT ABtn' A PUBUC STUBT. b. OONTINUOtJB Dft'D!fAL PBDISTBIAN WALKWA"!B, NO Ll88 'l"BAII BIGHT (8) PDT IN WIDTR. IIIAU. a novmm> P8011 THE PUBUC SIDSWALK oa ltlGBT.OP-WAY TO TBS PRINCIPAL CtJBTOIID DlftAMCB OP • AU. RINCIPAL BtJltDINOI ON TBS 81TB. AT A IIIMDIUII, WALKWAYI IIIALL OOIOIBCT FOCAL POINTS OP PBDSlftL\Jlf ACl'IVH i SUCH .AS, BUT NOi' Lllll'ID TO, TIWnl1T 8'l'OP8, l'1Wi CB0881NQB, BUILDING AND 8TOD DlftY POINTS, AND IIIALL PBATUU ADIOINING LAMDICAPBD AD.AS THAT INCUJDBI 'l'Ua, SDlJl8, DNCIIBS, Pl.owD UD8, GIII01JND COVD8, OB. O'l'BD 8UCB IIATDIALS PO& NO L888 'l"IIAN PIFlT (IO) PaCIDft' OP ft'8 LIMO'l'B. c. IIDBWALD. N'O Ll88 'l"BAM 8 PDT IN WIDTR. IIL\U. U PltOVIDm> ALONG TBS l'UU. LINOTB OP 'l'IIB IRJILDDfQ ALONG ANY PACAD& PIA'ftJIING A CIJll'l'OIID SNTaAMCB, AND ALONG ANY FACADE ABtJ'l'TING PUBUC PAIIDN'G ADAS. SUCH SIDIWALIB 8IW.L BB LOCAftD AT LUST IIX Cl) PDT PIOII TBI PACAD& OP TRB BUILDING TO PROVID& PLANTING UD8 POR POUN'DAffON LAIIDICAPIMG, UCSPT WDD PIA'flJDI IUCB Al AICADB8 oa . SNftYWAYI AD PAST OP 'l'IIB Pit.CADE. d. INTD.MAL PBDanJAJI WALltWAYI PllOVIDID DI OONJOIIIANCB 1ffl'II PART CB> AIOVS IIIALL now,s WSATm PIOftCTIOM PIA'flJDI IUCB Al AWNDIOI oa AIICADa 1ffl'IIDf TlllllTY CIO) l'DT OP AU. CUITOIID INftAN'CII. AU. Dft'DIW. PIDllftWlf WALltWAYI • •• IIIALL U Dll'l'INOIJIIII ntOII DalWfO .13. • • ,- • • SURFACES THROUGH THE USE OF DURABLE, LOW MAINTENANCE SUUACB IIATEBIALS SUCH /tS PAVDS, BBICD. oa SCORED CONCUTB TO ENHANCE PBDBSTIUAN SAPITY AND COIIPOllT, /tS WELL /tS THE ATTRACTIVBNBSS OF THE WALKWAYS. 6. CENTRAL FEATUUS AND COIOIUNITY SPACES: GUIDELINE: BUILDINGS SHOULD onn ATTllACTIVE AND INVITING PIDBSTIUAN SCALE FEATUllES, SPACES, AND AMENlTIBS. ENTRANCES AND PARKING LOTS SHOULD BE CONFIGURED TO BB FUNCl'IONAL AND INVITING WITH WALKWAYS CONVBNDNTLY TIED TO LOGICAL DESTINATIONS. BUS STOPS AND DROP-Off/PICK-UP POINTS SHOULD BE OONSIDDBD /tS INTEGRAL PARTS OF THE CONFIGURATION. PIDBSTIUAN WAYS SHOULD BE ANCHORED BY SPECIAL DESIGN FEATUllES SUCH /tS TOWDS, ARCADES, PORTICO&, PEDESTIUAN UGBT FIXTURES, BOLLARDS, PLANTER WALLS, AND OTIIEll ARCBITECTUB.AL ILBIIENTS THAT DEFINE CIRCULATION WAYS AND OUTDOOR SPACES, EXAIIPLBS OF OUTDOOR SPACES ARE PLAZAS, PATIOS, COUllTYARDS, AND WINDOW SHOPPING AREAS. THE FEATUBES AND SPACES SHOULD ENHANCE THE BUILDING AND THE CENTEll /tS INTEGRAL PARTS OF THE COIOIUNl'l'Y FABRIC .) -14- •. .. I. • • • • . , '· STANDARD : EACH RETAIL DEVELOPMENT SUBJECT TO THESE STANDARDS SHALL CONTRIBUTE TO THE ESTABLISHMENT OR ENHANCEMENT OF COMMUNITY AND PUBLIC SPACES BY PROVIDING AT LEAST TWO OF THE FOLLOWING: PATIO/SEATING AJlEA, PEDESTRIAN PLAZA WITH BENCHES, TRANSPORTATION CENTEll, WINDOW SHOPPING WALKWAY, OUTDOOR PLAYGROUND AREA. KIOSK AREA, WATER FEATURE, CLOClt TOWEil. OR OTHER SUCH DELIBERATELY SHAPED AREA ANM>R A FOCAL FEATURE OR AMENlTY THAT, IN THE JUDGMENT OF THE PLANNING AND ZONING COIIIIISSION, ADEQUATELY ENHANCES SUCH COIOIUNITY AND PUBLIC SPACES. ANY SUCH AREAS SHALL RAVE DIBBCT ACCBSS TO THE PUBLIC SIDEWALK NETWORK AND SUCH FEATURES SHALL NOT BE CONSTRUCTED OF IIATEIUALS THAT ARE INPERIOR TO THE PRINCIPAL IIATDIAU3 OF THE BUILDING AND LANDSCAPING. -15- • . .. • • <. 7. DELIVERY/LOADING OPERATIONS: GUIDELINE: DELIVERY AND LOADING OPEBATJONS SHOULD NOT DISTURB ADJOINING NEIGHBORHOODS, OR OTHER USES. STANDARD : NO DELIVERY, LOADING, TRASH REMOVAL OR COIIPACl'ION, OR OTHER SUCH OPERATIONS SHALL BE PERMITl'ED BETWEEN THE HOURS OF 10:00 P.M. AND 7:00 A.M. UNLESS THE APPUCANT SUBMITS EVIDENCE THAT SOUND BABBIEBS BETWEEN ALL AREAS FOR SUCH OPERA'ftONS EPFECTIVELY REDUCE NOISE EYISSIONS TO A LEVEL OP PORTY-PIVB ('6) DB, AS IIEASUllED AT THE LOT UNE OP ANY AD.JOINING PROPERTY. Sec;tigp 2. 'Die City~ altbe City ............ Colando banby approwea amenclmc 'ntle 16, Chapt.s 8, SediaD l, alb,...__. llanicipal Code with tbe i.naertion of the followmr deftnitiana iD alpbabetical order: COLLECTOR STREET SYSTEM : GROCERY STORE : LARGE RETAIL ESTABLISHMENT: RETAIL ESTABLISHMENT (alao known u Ntail lt.clft) : -16- SHALL MEAN A SYSTEM OF ONE (1) OR MORE COLLECTOR STREETCS) THAT ALLOWS TRAFFIC TO BE DISTRIBUTED TO AT LEAST TWO (2) ARTE1llAL STUETS. SHALL MEAN A RETAIL ESTABLISBIIENT PRDIAIULY SELIJNG FOOD, AS WELL /tS OTHER CONVENIENCE AND HOUSEHOLD GOODS, WJUCB OCCUPIES A SPACE OP NOT LESS THAN POUR THOUSAND (4,000) SQUARE PEET AND NOT IIOU THAN TWENTY THOUSAND (20,000) SQUAD PEET. SHALL MEAN A RETAIL ESTABLISHMENT, OR ANY COIIBINATION OP RETAIL ISTABLISIDIENTS IN A SINGLE BUILDING, OCCUPYING IIORE THAN TWENTY THOUSAND (20,000) GROSS SQUARE PEET OF FLOOR ADA. SHALL KEAN AN ESTABLISRIIENT IN WJUCH SIXTY (IO) PBBCBNT OR IIOU or TD GROSS l"LOOR AHA 18 DEVOTED TO THE SALE OR . , • . I· 0 1 a2 x l • SUPERMARKET : • - RENTAL OF GOODS OR MERCHANDISE TO THE GENEBAL PUBLIC FOR PERSONAL OR HOUSEHOLD CONSUMPl'ION OR TO SERVICES INCIDENTAL TO THE SALE OR RENTAL OF SUCH GOODS OR MERCHANDISE. SHALL MEAN A RETAIL ESTABLISHMENT PRIMARILY SEU.ING FOOD, AS WELL AS OTHER CONVENIENCE AND HOUSEHOLD GOODS, WJUCH OCCUPIES A SPACE OF NOT LESS THAN TWENTY THOUSAND, ONE (20,001) SQUARE FEET. Sec;tiop 3. Stffb CJ•YHI The City Council, hereby ftnda, det.erminea, and declares that tbia Ordinance is promulpt.ed under the pneral police power of the City of En,lewood, dlll it is promalpt.ed for the bNlth, safety, and welfare al the public, and dial dm Ordinance is -.ry for the sn-rvaticm of bealth and safety and for the protectioD al public convenience and welfare. The City Council further determinea that the Ordinance baan a ratimal relaticm 1D the proper legislative object aoupt to be obtained. Sef:tigp 4 SexcrahiJjty If any claw, NDt.ence, parqraph, or part of this Ordinance or the applicatim thereof 1D any penOD or circumstanc:ea lhall for any reuon be adjud,ed by a court al compatmt juriadiction invalid, IUCb judpaent ahall not affect impair or invalidate the remainder al dm Ordinance or ita applicatiOD to other penona or c:ircumstancea. Sec;tigp 5 IDCODtieteot OrdiPIPCtl All c6a-Ordinucea ar partiana thereof inconsiatent or conflicting with this Ordinance or any portim hereof are hereby repealed to the extent of IUCb inc:amistency or conflict. Sec;tipp §. Eft'a;t pf !llllMI pr mpdifjutipp The repeal or modification of any proviaion of the Code of the City of Englewood by this Ordinance lhall not release, extin,uish, alter, modify, or chanae in whole or in part any penalty, forfeiture, or liability, either civil or criminal, wbicb lhall have hem incurred under such provision, and each proviaim lhall be tr.t.ed and beld u atill remainiDf in force for the purpoaes of auataininf any and all prapll' actiODS, suit.a, .,.._.clinp, and prosecutions for the enforcement al the pmaltJ, forfeiture, or liability, u well u for the purpoae of auataininf any judplmt, decree, or order which can or may be rendered , entered, or made in aucb actiODS, suit.a, pr,ceedinp, or proNCUtiODS . • . .. I . I --------------------------·--------..-----------~----------~ • ,... • • Sgtjgp 7 . Emaalb. Tbe Pmalt)' PrcmliOD of E.M.C. SeetiOD 1-4-1 aball apply to each ud ..,ery \'iolatiaD of tbia Ordilwu:e. Introduced, read ill full, ad puNd OD fint readiDc OD the 7th day al Oc:tober, 1996. Publiabed U a Bill fw aD OrdiDallce OD the 10th day al Octiuber, 1996. 'l'llamu .J. Bunaa, lla:,w ATTEST : Louc:riabia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City Clerk alt.be City alEapwood. Colondo, banby certify that the above ud fareaoinl ia a true copy al a Bill fw an Ordilwu:e, illtrocluced, read ill full, ud paued OD ftnt readiDc OD the 7th clay al Odoba', 1996. -18- •. .. I. • 0 - Staff Report To: From: Date: Sabject: Englewood Planning and Zoning Commission Rohen Simpson, Neighborhood and Business Development Manager October 1, 1996 PZC date: September 4, 1996 Larp Format Retail Desip Standards ud Gaideliaes Eapwood Ceapraeuive Zoaia1 Ordiauce Ameadmeat OR-96-04 RECOMMENDATION Staff recommends that Planning and Zoning Commission approve the Comprehensive Zoning Ordinance Amendment OR96-04 for Large Format Retail Desip Standards 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 opponunities but also some very serious concerns. In light of these opponunities 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, however, this pr,oposed amendment is one ponion in what would be a revised set of Property Development Standards . BACKGROUND/DISCUSSION This proposal serves to introduce new regulations regarding desip 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 are intended to encoura,e development that contributes to Englewood as a unique place by reflectin& its physical character and addina to it in appropriate ways . Large retail developments depend on hiah visibility from major public streets. In tum, their design delCl'lllines much of the character and atttactiveness of major streetscapes in the city . The marketina internts of many corporations, even with lll'On& 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 intqra1e with the city in a positive way . These standards and pidelinn require a basic level of architectural variety, compatible scale , pedestrian and bicycle access, and mitiption of neptive impacts . The llaDdards are not 10/1196 Paarl •. I . 0 • • ·, • intended to limit aeativity. 'Ibey are intended to serve as a useful tool for design professionals engaged in site specific design. Staff bas previously mscussed the issUe of image and design in the c:oatnt of the recently _.. .....,..i uonne,elopm<Ol-· n.. ____ .... -...i into one cbapta' with other zonina iqulalionS rclatin& to lan't« •pin&. fencinl, pmkin&, lotdin&. end signage . The purpose of the regwatorY cbenFS end movin& them into one comprcbensive cbaplCf is to ensure coordination of all the various rcaulelOIY ICdiollS tclatiD& to property development · It is still fD1icipated tbel \,ndscfpin& will come {orMrd for PlaaDinl end Zonin& commisSion consideration durin& t 996 . cc: OR 96-04 File \\s,,ds\.Clll.. .. -~.cil)'lllll .~·_..... ........... ,a.,c.doe k.'+ ................ ,,c . . I· 0 'a2xl • .. w N X ,11 11 I I I I I I a ~ • • 0 f! r1•11J 1 !r~ l~Ir if'r-~ E ~ ~ = ~:J i . fr J r ~ i 11 ! J5' I . 1' I· :r I:, :I l f. II_ I_ ! J .t f f a:j ~ f ~ f ii' • ii' I I h I . ~h fl l If I z ;! 111=1 ~1 il!;f15 til11 Iii f; I t! 1 l J fi~l1 .f· t~ 'rl i 11 , i u ! r.1 1 ! BI n ! u 1, i t,. ~' 1 f t '· a·f' '1 .j e. i l1· f. • 1': j fl I 1t11 ,2.fil (If • I E r J 1 i · 1 lliJ I if I I~ i I f a I, 1 11 ii 11 · i!it·IJti 1·t1 l!, I l Ill I . If l 1 ;fl I 'I (II ! t• i1 J; iltli111· til JI, I I ti JI 111·~i'·~ if• tl" I t ii Ill I ~1 1•f 1, l11 JJI I I . . I -' a· I • I II J a · 8 I ~ 1 t I IIJfJ'~ll ?-Jl {(s ! I J i ' 1 ~ I I , t . ' ,• 4 r • •. 7 ' . ~ 't . . ________________________ , ____________________________________ _ • 0 t• • C. Aesthetic Character I) Facades and Ellterior Walls: GUIDELINE: Facades should be articulated to reduce tbe muaive scale and lhe uniform, impersonal appearances of large retail buildinp and provide vu! imerest lbat will be coasistent with the community's identity, chancier and scale . The inlmt is to eac:ounae a more human scale that Englewood residents will be able to identify with tbeir community. STANDARD: a. Facades greatet than 7S feet in lenph. m-.red bormmtally, shall~ wall plane projections or recesses havin& a deplh of at least 3% of 1be 1ength of 1be facade and extending at least 20 percent of the length of the facade. No UIUlllanlpllld 1ength of any facade shall exceed 7S horizmla1 feet. b . Ground floor facades lbat face public llnlll lball have arcades, dilplay windows, entry areas , awnings, or ocher such features alon& no lell dlaD 60 pm:mt oflbeir borizon1al length . p,ajecliona /-.,_. ..,.._ • ._. 20% o,,-...... will\ a -----,,, 3%a/ff-* ...... I I ro AnomatnQ leatw'n IUc:fl aa lNM muat llltal eo... ofllllal .._.. lel,gll for any facade abUtllng • puCIIC lll'Nt INClllWOOO C-HINIM! ZONING OIIDWMCl OMIT 0-- M~VOOC •. ... I • 0 • • •, • 2) Smaller Retail Stores: GUIDELINE : The presence of smaller mail lfOles &iws a center a "friendlier" appearance by creatin& variety, brakin& up large expanses, and expmdin& tbe ranae ofdle sile's activities . Windows and window displays of such SIOres should be used to comribute to die visual interest of exteriorc f'llcades . The standards presented in this section ae directed toward those situations where additional, smaller stores, wilh sepanre, exterior customer emnnces are locared in principal buildinp. STANDARD : Where principal buildings comain additional, ....-1y owned stares which occupy less than twenty thousand (20,000) square feet of poa floor-. wi1h ,eparare, exterior customer enlnllCeS : L The SUwt level facade of such IIGla lball be llmlpaeDt between the height of three feet and ei&ht feet above die walkway ande for DO las dlan 60 percent of the hori7.ontal len&th of the buildin& facade of such additional stores . b. Windows shall be recessed or be extended and should include visually prominent sills, bays, or other such forms of hniq. 3) Detail F•tares: GUIDELINES : Buildinp should have arcbillec:IUral f'alures and paaems dw provide visual interest at the scale of the pedaaian, reduce masive aestbetic effects, and recopize local character. The elements in tbe followin& llllldlrd should be imepal pans of the buildin& fabric , 111d not superficially applied trim or papbics, or paint. STANDARD : Buildin& facades shall include a repablll p111e111 dw lball include all three of the elements listed below . At leut one of lbese elements sball repeal horizlDalaUy . All elements lball repeat • intervals of no more dlan lbirty (30) feet, eidler barimdllly or venically. a. Color cb-,e b. Texture cb-,e c. ~ module cbmJe Expression of architectural or IINCtlll'al bay 1brou&b a cbanp in pa-DO less dlan 12 inches in width, such as III of'l'let, reva1, or projectin& rib . structural bay layout &preaion of Arcbitecanl or SlnK:lllral Bay. __ c ___ _._,_l I\ENO_OflSYSIDEl'liN9DIOa0lJN'I..ANIDEVCOOEIIAl(;lll£TAJLSTt>2 .DOC ..... I. , -----------------------.• c--------------------------...---------- • • • • t• • '· 4) Roofs: GUIDELINE : Variations in rooflincs should be used to add interest to, and reduce lbe musive scale of, large buildinp. Roof features should complement the c:banCICr of adjoinina neighborhoods. STANDARD: Roofs shall have no less than two oftbe followina features : .. Plnpets coacealin& flit roofs and rooftop equipment such u HV AC 1111its &om public view . The avenp bcipt of such panpets shall not exceed IS% of the bcipt of the supportiD& wall and such panpets shall not• my point exceed one-third of the bciabt of the supportiD& wall . Such pmpets shall re.ure three dimens ional cornice treallllent HV AC equipment shall be concealed &om public view tbrouah the ue of panpets or ocher similar-... devices. HVAC equipment shall be paiDled to blend will! lbe roof color. b . Overhangin& eaves, extmdia& DO less dim 3 feet pat the IUppOftina walls. c . Sloping roofs that do not exceed the a-. beipt oftbe supportina walls, with an averqe slope srearer dim or equal to I foot of venicaJ rile for every 3 feet of horizontal run and less dim or equal to I foot of vertical rile for every I foot of horizontal run . d. Three or more roof slope planes. _..........,. ....... _... ,12., ..... -...... Parapet Standards. . ' • . .. I • • • • i. . • ' 5) Materials alld Colon: GUIDELINE: Exterior building IIUIICria1s 111d colon c:amprile a significant part of !he visual impact of a building. Therefore, !hey sbould be aesdlrCically pleuing 111d compatible with materials 111d colors used in adjoining neigbbolboods . STANDARD : .. Predominant exterior building materials shall be bigb quality materials . These include , wilhoul limitation : (I.) brick (2.) wood (3 .) --- (4.) IIIICCO (S .) other aalive 1111M ( 6.) tin1ed. leX1Ul'ed. coocrete Ill->' units • b. Facade colors lball be low reflec1anc:e, subtle, neunl or eanll tone colors . Tbe use of bigb intenSity colon. metallic colon, black or ftuoracent colors is prohibited . c. Roof materials shall be of high quality materials . These include without limitation : (1.) metal (2.) concrete (3 .) tile d. Building aim 111d accent mas may feallare brighter colon, including primary colors . e . Predominant exterior building materials lball DOI include die followin&: ( I . ) IIIIOCllb-faced CGIICllte block (2.) tilt-up coocrete panels (3 .) pre-labric-4 -· panels ( 4 .) pound in place coocrete 6) Eatrywayt: GUIDELINES : Emryway claip elementl 111d vlrillioal should &ive orientaball md aestMticallY pleasiD& cblndlr to die buildina, Tbe ...... idmlify clainble .aryway claip fealum. STANDAIU>: Each principal buildiD& OIi a sile lball llave dlsly deflaad. hiply visible CUIIGIDer llltnllCCS fealurin& no Im dla dine ofdle followall : L b . c. d. .. f. I · h. i. Cmopill or ponicol OvldlaP ~ Arcadal lailld--..S....,.. ovw die door ,-.s roof Canm Arcbel Outdoor plliol Dilplay wWows ---~~~·!"~ IIENO_CHISYS\DE~rv-..,....-·-----UTALITDUIOC ' • . .. I . 0 1 J2xl • • ·, • .. , j . Ardlitec:tural delails such u tile work 111d moldinp wbicb are ialeplled into 1be buildiaa llnlClllre IDCI dnip k . lll1lepal plmlmn or wina walla lhlt incorpcne Im rtr..-a -llld/or pllces forsiaia&, Where additioaal scores will be localld in die priacipll buildiD&, eacb sucb aore lball bave • least one awior customer enll'IIICe, wbic:h mall c:oaform to 1be abc,w reqairW. 7) llack ud Side Faadel: GUIDELINE: AU filcldes of a buiJdin& wbicb are vilible hm adjoillina pn,peniel llld/or public 11ree11 should comn'bute to 1be Pleasina ICale ,-... oflbe buildiDa a1-.. ccmmunity intqration by featurina cblnl:lllillics similar to .... hat facade. STANDARD: All buildin& fiada which -vill'ble from adjoiDiDa properties llld/or public llreell lball comply with 1be reciwr-ents of Facades IDCI Ellllrior Walla IKlion abc,w oflbae Desip Slandarcls and Guidelines . UTAIL 11D UIOC .. • i ·~ 'I • . .. I. 0 • .,--------------------~---,----, • • D. She Desi&• Hd Relatloublp to tbe Surroundi•I c-munity I) Eatraaces: . .. .. II: • GUIDELINE : l...ar&e retail buildings should feature multiple entnnca. Mu11ip1e buildia& ennnces reduce walkina dist111ees from cars, flcilime pedeslriln and bicycle accea e-public sidewalks, and provide convenience when certain entnnces offer_.., individual 111111a, or identified deplnments of a store . Multiple ennnces also mitiple the effect of the Ullbnlbn walls and nqlected areas that often characterize buiklina facades 11111 flee borderiDa 1111d -· STANDARDS : All sides of a principal buiklinl that directly flee mi lbuttin& public meet lball falure • leal cme customer en.ranee. Where a principal buildina directly fices more 1111n two lbuaiaa public streets, this requirement shall apply only to two sides of the buildina, inclucliD& the side of the building facing t:,e primary street, and anodacr side of the buildin& fac:ina a llCOlld meet. -.~oiiii.i~-·--,··-··-··-··~-------·-··-··-··-··-··-··-··-··-··-~ . ·<e....5 -......... .----. ,-. · --~ IIMLLIIUIIT'M. • .,. '· . ITORII Wfflf ,_ CUST'OIIElllfflWCII - •. ·--· . • • • . -~-u ___ .. • u -:~-. ...... · . .•. ; ·, Cl 11- ... H Example of a development with CUS10mer ena-ances on all sides wbich &cc a public screet. BG.IWOCm COW11111 •• 1W ZONING OIIIOWI DIINT oaa,.- N-DOC I • , -----------------------~-.--------~--------------------:--.-----. • • • <. r GUIDELINE : Parltin& areas should provide safe, convenient, 111d efficient acceu. They should be clistn'buled around larae buildinp in order to sborten die dilllDce to ocher buildinp 111d public sidewalks 111d to reduce die overall scale ofdle paved sumcc. lfbuildinp are loc:lled closer to streets, die scale of die complex is reduced, pedestrian tnffic is _.....a. 111d ardlitectural details take on added imponance . STANDARD : No more than 70 percent of the off-Slreel parkina area for die entire property shall be loc:lled between the front facade ofdle principal buildina(s) 111d die primary lbuttina screet. 3) BKkSkla: GUIDELINE: The rear or sides ofbuildinp often praem III lllllllnetive view ofbllllk walls, loadina areas, storqe areas, HV AC units, prblp recepcacles, and adllr such fealures. Architectural and landscapina features should mitiptc lhcse impacts. STANDARD : The minimum setback for any primary buildina facade shall be thirty-five (35) feet from die nearest propeny line. Screenin& walls may be placed elm« to die 11ree1 10 Iona II die facade is in compliance with Slalldards set forth within die Facades 111d Exterior Walls section. Where die facade faces adjacent residential usa or public 11ree1, • ar1hea berm, DO lea 1111n 3 feet in heiaJit, containin& ll a min'imum everpeen 1reeS planted • illtervals of 20 feet on c:emer, or in clusten or clumps shall be provided. 4) o.tdoor 5aonp. T ..... C ........ •• LN111ai Alwl: GUIDELINE : LoldiDa area 111d oadoor llllllp ._ aat vilual ad Doile illlpacll on IUfflllllldin& aeipbomoods. 11---. ... villlle tom ...-. pnlpll1ies llld/or public streetl, should be IJCl'lmld, recmed or mc:loled. Wllile 1C11m1 ad ._. C111 effectively mitiple thne impaal. Ille lllec:liaa of illapprapria ICnaial ....r. CID a-=--e lhe problem . Appr-opra loclliOIII for laadilla ad ........... iaclucle--- buildinp. where -dim -buildilla is loc..s on a lill 111d sucb buildiap are not mon than 40 feet apart. or on dlOII sides ofllllildinp 11111 do not MW~--· STANDARD : a. Areas for OUldoor llllnp, IIUdt pllUII, !nib colllcliaa or CCllllpaction, loadiq. or odllr sucb -..u DOI be villlle tom .... llrNII. b . No areu for outdoor llllnp, lnllt c:olleclioa or c11111pactioa, loadiq. or olller such -..Ube loc..s wilbln 20 ,_ of ay public--. public lidawdt, or internal padnhn way. c. d. Loadina clocb, truck parkina. ourdoor ....... ulillly ...-n, HV AC equipment, !nib colllc:cion, lnlll Nlfflpldion, 111d olller NrVice funaiona shall be incorpor-.cl inlo Ille 0¥Wall dlup of die buildilla ad Ille l•d1 .., IO that die visual and ICOUldc lmpacta of llleae luDctialla .. flatly caminld and out of view 6om .. prapenill ad public -. 111d DO lllllltion ii aaracted to die llacliona by Ille .. of lCl'IIDlaa--11111 .. clifr.nm tom or inferior to Ille principal..,_ of Ille buildlq ad ladlcape. Non-aclolecl ... for ....... llld .a. of ay il--,y ..Ube penn-1y dlftaad ad ICl.-d wida wllll ................ colon, 1111d dnip of ICl'laiaa walla aJl/or .._ad .. mvw lllall cabm IO dlOII .. ... I. 0 • --. IC-,, N X 11 'i I I I I I I a i u • • • . ~ 0 ~ I JnJla i • .. • ~ "ij 11111 '!!i &11111 1'1 IIJl!lf II tlJ!f r lfl l,1i1 ,1,11 JJJ!fi !f1{1f1 ii !,1111 ill . 'I t 1·!! ta ~111 ! ~1J1 ;~, fi'l 11 t~tJi ii!lf1 1· t 11,,1 1f1 llr •· 11,.1 ,111 1, r l•I ,r I It slli sJJa. *'8 } 11 f sr •• • H I !•?HH i tti. u tlr I' IJ!f11Ji~J1! ~ 1·11, ·~ JlJ 1! SI l((f ~ ,-,111~. f ljl., }l ,•1 -, Jr.I~!'." :11' i · .!I ;·I lJ r ~, -i 1-' a i J ,. t t I I l -~ I a.I § 1 !i' -If f . 0 ~ r ,· I .. 7 ' • h . . ' r· I . '·- . . ' -----------------------.:-----------------------------.-- • • • (, -----. 6) Ceatral Fahlres ud ComaHlty Spaces: GUIDELINE: Buildinp should offer aanctive and invitina pedestrian scale falures, spaces, and 1111enities. Entnnc:es and pllltina loll lbould be -ftaured to be fimc:tionaJ and invitin& with walkways -veniently tied to lo&ical desciuriclm Bus srops and drop-oft/pick-up points should be considered u imqnl parts oftbe -fipntion. Pedeslrian ways should be IIICbored by lpllCial clesip ....... IUCb U IIJWen, arcades, porticos, pedatrila lipt fixtures, bollards, pllnlS walla, IDd Olher an:hillec:lunl elements that define cimalllion -ys and outdoor spaces, exanplel of OUldoor apaces ae pluas, patios, courtylrds, and window lboppiq -· 1be falma and apaces lhould enblnce the buildin& and the cenler • intqnl pll1I oflbe c:ammunity &bric. STANDARD: Each retail development subject to time lllndllds lball -sribute to the establishment or enblncement of c:ammunity 111d public: apaces by pnmdiDa • last two of the followiq: pltiolseatin&-. pedestrian plua with bendles, ll'mlpllnllion c:enler, window sboppiq wlllcw1y, outdoor playpound-. kiollt -. WMer fellure, clock tower, or Olher IUCb deliberately shaped -and/or I foc:al fabn or -.icy thal, in the judplent of the Pllnnin& and Zonin& Commission, adequllely enbanc:es lUCII c:ammunity 111d public spaces . Any IUCb areas shall have direct -to the public: sidewaDt De!Wcn and IUCb f'atures shall not be constrllCted of lllllerials lbll ae inferior to the principal lllllerials of the buildin& and landscapin1 . I. • 0 1 32xl E. • .. • • .. 7) Dellvery/Loadlq Operatiou: GUIDELINE : Delivery and loading operations should not disturb adjoinin& neigllborhoods, or Olher uses. STANDARD : No delivery, loadin&, ll'llh removal or compactiaa, or Giber such openlions shall be permiaed between 1he houn of 10:00 P.M. llld 7:00 A.M. mleSl lhe applic:lnl submits evidence lbll lOUlld blnien between all lleal for such operlliam efl'eaiwly Nduce noile -issiom to I level of 45 db, 11 measured • lhe lot line of my adjoiniq pn,peny Dellaltiou: Collector Slrwt s,,s-shall -1 Sysllem of one (I) ar -collecfar ._,) 1bll allows traffic to be distributed to II least two (2) ll1erial SlreelS. Grocery Slon shall lllCIII I retail Clllblilbmellt primsily 111ling food, 11 well II Olher convenience and household goods, which occupies I space of not lea dlan fourlbousllld (4,000) square feet and not more lban twemy ~ (20,000) square feet. Large lwtail £stab/is,,_,. shall -1 retail Clllblilbmem, or my combimlion of nllil esllblishments in I single building. occupying more dlan twenty ~ (20,000) pou square fm of floor area. lwtail £stab/is,-,,, (also known• ral IIIDl'C) mil ... •........_. in wllich sixty (60) percent or more of lhe aroa floor -ii clevolled IO 1he sale ar renlal of aoocll ar madlmclise to 1he pneral public for per-1 ar bouNbold ~ ar to ,-ices iDcidamal to die sale or rental of such pocll or merchmclile. Sl,pe,_., mil WI Nllil embliwnent prmarily llllina food. II ..0 II adllr conwailnce and houlebold pods. wllicll occapies I space of llCll lea dim.--,. ...... -(20,001) square feet . .. • . .. I. 0 '32xl • • •, • '· CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MA1TER 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: ) Nelpborbood wl ...... _ ) Dnelopmmt ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CrrY PLANNING AND ZONINGC~ON Commission Members Present: Commission Members Absent: Garrett. Shoop. Tobin, Weber, DouaJu, Dummer Horner, Mason. Redpath This matter was beard before the City Plannina 111d Zoaiaa C'.ommiu10n on Sepccmber 4, 1996, in the City Council Chambers of the EnaJewood Cily Hall . Testimony was received from staff. The Commission recmed aocice of Public Hearin&, 11111 the Staff Report, which wen: incorporarcd iDro 111d made a put of die record of the Public Hearma . No public was presem to ratify on this issue . Ahr considerina the swemems of die wi1nesses, 111d reviewiDI die peniDelll doaamencs, the members of the City P1annina 111d ZoaiDa Commission made die lollowiDI Findinp 111d Con- clusions . I. 2 . QNDINGS Pf fACT TBA T the proposed amcndmems to the Comprehensive ZoniDI OrdiDance were initi- ated by the Office of Neiplborbood 11111 Buaineu Dnelopmem ll die direaive of Enalewood City Council. TBA T notice of the Public Hearina WU publilbed in die fnrlnPod llmld on Aupst 22, 1996 . DRAFT ..... .. I . • . ... • - 3. THAT Dincfor Simpson -.:ified IO die IIIIUre and iDrent of die paoposed um-¥¥11 to die Comprebemive l.Gllias O.dinwe, dlll beina establiabmem of IIIDdarda al pidelina io auure bip qaalily _. dnelopmem projects u well u ndewq projects. 4. THAT.,«-WII iD IINl!idDJelD. C e ID .... ill aapport of or in opposition IO tbe p,:apcwl 1. THAT aocice of die Public Harias wu properly liven by p.lblicarioa iD tbe fak: mm llmld on Auamt 22. 1996. 2. THAT die PwmiDa aad Z01U111 Commiuion deteimiued die paoposed amewtme ... will establiab iWldards and 11•idelinea for Larae Formt ltecail ~ aad redevelop- ment projeca in die City of Eapwood, and will be used 10 aume quality projects in die City of Eapwood. 11IDtD'OltE, it is tbe decilion of 1111 Cily Plllmilll ml Z01U111 Coma,ipigp dial tbe Com- pnbemive Zoaina OntialDce lbauld be .......... IO ewt I .. f 16-5-8, Desip Slmlarda aad Guidelines for Larp a.D ... ,.,.,.,, 111d .--+er ...,.._ NCliom of die Cmnprebemlve Zoaina Onliawe 41P10piiiaely. 1be decision WU racbed upon I ¥all OD I malioD aade M die ..... of die Cily Plaaaina aad Zoaina Commiuion on ..., •+r 4, 1996: by Tallia. aa Ml by ~. wllic:b mo- doll lllla: 1. •17tae llllltdards tmtl pltldl,a wlY IO llll NEW pro/«11 M ""*"'-41 ,.,,,;J ..,.,_ op,,w,,I of Z0,000 Of' IIOf'f .,.,,. ,., Ill 41 ,,,..,,,.,.,,. _. ... 41,,..., Mil .... a,,,,w,,, wi"""6I .,,.,i o, _., ,,,.,,_ ,_, ... --.it lfl MIi ""'*""°· ALL REDEVELOPMENT PltO/aCl'S OF Z0.000 QI IIOU $QUAil£ FEET IIIML USE TIDS CHAnD AS A GUID6UNE OM.l'. S..lfl --. .. • 2. ~ Jl, 12: AIIWlld l"fll*-CMI IO ,f/1«.11J',.,., ... 100'. J . ~ J2, IJ, Slatltlnl: ... _.,, ••Im ..... al....,_ •Gil• . • The voce: AYES: NAYS: ABSTAIN : ABSENT : • • Tobin. Dummer, Weber, Shoop, Gam:tt. Douslas Nam Nam Muon. Homer, Redpath The motion carried . These Findinp and Concluliom are effective u of die meecin& on 5etM11Jhcr 4, 1996 . BY OllDEll OF THE crrY PLANNING a ZONING COMMISSION Rohen Mason. Chairman ' ' .. I· ---------------~------,.,----------------------------- ( • 0 I• • '· • COUNCIL COMMUNICATION DATE : October 7, 1996 AGENDA ITEM SUBJECT: Day Care in u. y Residential Zone Dislric:ts INITIATED BY : Office of Neighborhood STAFF SOURCE: Harold Stitt , and Business Development Planning Community Coordinator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; Quality of Life , &:onomic Development The issue of day care in residemal zone diluicts came to die aaemion of City Council as a result of a code enforcemem action taken apinst a day care provider operating wilbin the R-1- A Zone District. Subsequent to that action, aeveral day care providers requested that City Council consider amendina the mning regulations IOVCl'IIUII day care in die residemal zone districts . On June 3, 1996, in response to Ibis issue, City Council impoled a six month montorium on further code enforc::anm actions apinst such home day-care facilities, and directed staff to prepare amendmelllS regu1atiog such activities in die City of Enalewood . RECOMMENDED AC[ION; Staff reconunends that a NIii&: ...... • d1 f P f 1,r Mou I 4. •• a, consider the proposed amendment to the Comprehensive l.oaina Orctinm:c penaining to home day-care in residential zone dislricts, and to approve said llllffllbnents. BACKGROUND, ANALYSIS, AND ALJANADYA Pl£N11DFnQ; Home day-care is currently allowed u a home occupaaion in all residenlial distticu excep1 die R-1-A . The staff, in reviewina the home day care 1ilualioa c:ily-wide, provided die Plamlin& Commission a comprebenlive amendme• addreuina home day care in all reside.-itl 11a districts and not just the R-1-A Zone Dillrict. The proposed amendments are bued on the current Stale of Colorado Depanmeut of Human Services , Division of Child Care nales reaulatina c:bild care boma. nae rqulatiom defme three type s of home day care : family child care home, inf'anl/toddler home , and larp day care • C • • • home. The numbers of cbilclren that may be cared for vary with each category, with the "large child-care home" allowing a mal[imum of 12 cbilclren. The propoeed amendme.-would allow "family child-are homes" and "infanl/tocldler homes" as a Conditional Use only in the R-1-A District. The amenctmeor would also allow "family cbild-care homes" and "infant/toddler homes" as a home occupation in the R-1-8, R-1-C, R-2, R-2-C, R-3, and R-4 Zone Dillricls. The .. mac child care-home"' similar to what the l.oaina Ordinance curready cJallifies as • "small child-are cemer" and would be alloMd only as a Conditional Use in the R-1-8, R-1- C, R-2, R-2-C, R-3 and R-4 Zone Dislridl. COlldidoaal Uses ue approwd by the Planning and 1.oning Commi11ion after a Public lfariD&, public no1ice being pven by way of publilbed nolice and posting of the subject property. The l*opoeed •mendmeab also include definitions for each of the three types of day cue flcilitiel. The Planning Commission held a Public HariD& on the proposed amemments on August 20, 1996. However, no one attended the lfariDa either in favor of or in opposition to the proposed amendments. The PwmiDI Commiuion VOied, 1bt in favor, two in opposition, one absent, to recommend approval of the proposed ammtma••· FINANCIAL IMPACT; The revemaes to be realiz.ed by die Cily from Comilklaal Uae application feel ($75) ue minor . lJST Of AJTAQIMINTS; Bill for Ordinance Staff Report c..e IOR-96-03 Findinp of Fact for c..e IOR-96-03 • . .... 1 I. 0 'a2xl • 0 ,. - TO: Planning and Zoning Commission TIIRU: FROM: Robert Simpson, Manager ofNeipborhood and Business Development ~ Harold J. Stitt, Plannin& Community Coordinator DATE: August 20, 1996 SUBJECT: Proposed home day care amendments to lhe Comprdlensive Zoning Ordinance REQUEST; City Council bas directed the Staff to prepare a set of amendments which address lhe replation of home day care facilities in the City of Englewood. RECOMMENDATION; The Office of Neighborhood and Business Development recommends that lhe Planning and Zoning Commission approve the proposed day care amendments. BACKGROUND AND ANALYSIS; This request from City Council is the result of a code enforcement action taken apinst lhe operator of a day care home located in the R-1-A Zone District. After lhe issuance of the Notice of Violation, the operator, Tonda Gatewood, approached City Council requestina that lhe Zonina Ordinance be amended in some manner to allow home day care in lhe R-1-A Zone Dislrict. In response to Ms. Gatewood's and other day care 5 request, City Council placed a moratorium on all enforcement action apinst existin& care homes in lhe R-1-A Zone District and directed Neighborhood and Business Development taff to review lhe situation and prepare a recommended course of action. In raponse to Council's c:oncem and '!_CJuest Staff propote to permit home day care only as a Conditional Use in lhe R-1-A Zone District. In addition, amendments P'opmed for odler residential mne districts are intended to make lhe home day care regulatiom comilfent with current state regulations. The amendments are based on the current Colorado Department of Human Servica, Division of Child Care rules reaulating child care homes. lbae regulations define three types of home day care : family child care home, infant/toddler home , and larae day care home. A. A family child care home is defined as a type of family care home that provides less than 24-hour care for 2 or more children on a rqular basis m a place of residence . Children in care are from different family households and are not related to the carepver. A family child care home must comply with lhe followina regulations: 1. Care may be provided for 6 children from birth to 16 years of aae with DO more than 2 children under 2 years of qe. 2. Care also may be provided for DO more that 2 additional children of lchool IF anendina full-day school. HIOa()UPll()~SU)OC I . • • <. A large child care home is the equivalent of what the Comprehensive 1.oning Ordinance identifies as a small child care center. The name of this type of facility wu changed by the Division of Child Care to mo~ accurately reftect the residential nature of the use. PROPOSED AMENDMENT; The folio~ arc the specific sections for which day care amendments arc pn,poscd. The proposed additions arc in bold upper case text and the propotcd deletions arc in IIMI ••• text. 16-4-2: R-1-A, SINGLE-FAMILY RESIDENCE DISTRICT: 0. Conditional Use: Provided the public interest is fully protected and the following use is approved by the Commission: 1. FAMILY CIDLD CARE HOME OR INFANTffODDLER HOME. 2. Dependent care centers: Structures used u educational institutions, migious institutions or public facilities. existina at the time of the cmctmcnt of this Ordinance, may be converted for use II dcpcndcnt care centers. (Ord. 8 Series 1993) 16-4-3: R-1-B, SINGLE-FAMILY RESIDENCE DISTRICT: M. Accessory Buildings And Permitted Accessory Uses: 5. Home occupation: Occupations customarily incidental to the principal usc u • residence when conducted in the IIIDC dwellina, provided that the following conditions arc met: i. FAMILY CHILD CARE HOME OR INFANT/l'ODDLER HOME~ ... II••• fer Illa ... 1f w .. fe• (4) #J#na .., N , ...... • • ••• ......... N. Conditional Uses: Provided the public interest is fully protected and the followina use is approved by the Commission: 1. LARGE CIDLD CARE HOME Qi&• ... •••• linnll 1kilt -11•11 ..... iv1 (i) le tizr1l,r1 (Iii) 111iltr.. Accessory play equipment sball be located in rear yard. 16-4-4: R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT: M. Accessory Buildinjs And Permitted Accessory UICS: S. Home occupation: Occupations customarily incidental to the principal usc u a residence when conducted in the lllllC dwellin&, provided that the following conditions arc met: i. FAMILY CHILD CARE HOME OR INFANTffODDLER HOME~ ... ••• fer Illa•• 1f w .. fe• (4) 1llilt.•.., k1 , ...... ••ii••• ....... ; ... • . ; I . I • • 0 • • 7. Home occupation: Occupations customarily incidental to the principal use as a residence when conducted in the same dwelling, provided that the following conditions arc met : i. FAMILY CIDLD CARE ROME OR INFANTffODDLER ROME~ a&N hem, fer ta,, ... ef ea, le fellF ~4) ahil .. R ~· lie ,,_..Ii•• ha•• eaa11pMiaa. 16-4-9 : R4 RESIDENTIAL/PROFESSIONAL DISTRICT: M. Accessory Buildings And Permitted Accessory Uses : 5. Home occupations: Occupations customarily incidental to the principal use as a residence when conducted in the same dwelling, provided that the following conditions arc met: i. FAMILY CHILD CARE ROME OR INFANTffODDLER ROME~ aBN he•• fer lh1 NN af aa, le felll' ~4) ahil.a IIMY 1,e p111ni11eli a& a ha&11 eaa11pMiea. 16-8-1 : DEFINITIONS : FAMILY CIDLD CARE ROME -A CIDLD CARE FACILITY TRA T PROVIDES LESS THAN 24-HOUR CARE FOR 2 OR MORE CHILDREN ON A REGULAR BASIS IN A PLACE OF RESIDENCE. CIDLDREN IN CARE ARE FROM DIFFERENT FAMILY HOUSEHOLDS AND ARE NOT KELA TED TO THE CAREGIVER. CARE MAY BE PROVIDED FOR 6 CIDLDREN FROM BIRTH TO 16 YEARS OF AGE WITH NO MORE THAN 2 CHILDREN UNDER 2 YEARS OF AGE. CARE ALSO MAY BE PROVIDED FOR NO MORE THAT 2 ADDITIONAL CHILDREN OF SCHOOL ATI'ENDING FULL-DAY SCHOOL RESIDENTS OF THE HOME UNDER 12 YEARS OF AGE WHO ARE ON THE PREMISES AND ALL CHILDREN ON THE PREMISES FOR SUPERVISION ARE COUNTED AGAINST THE APPROVED CAPACITY. INFANTffODDLER HOME· A CHILD CARE FACILITY THAT PROVIDES LESS THAN 24-HOUR CARE ~ FOR CHILDREN WHO ARE BETWEEN BIRTH AND 3 YEARS OLD IN A PLACE OF RESIDENCE. THE CAREGIVER MAY RA VE NO MORE TRAN l CHILD OR FOSTER CIDLD BETWEEN 3 AND 6 YEARS OF AGE. IF THERE IS l CAREGIVER, THERE MAY BE A MAXIMUM OF 4 CHILDREN, WITH NO MORE TRAN 2 CHILDREN UNDER 12 MONTHS, INCLUDING THE CAREGIVER'S OWN CHILDREN. IF THERE ARE 2 CAREGIVERS CARING FOR THE CIDLDREN AT ALL TIMES WHEN CHILDREN ARE PRESENT, THERE MAY BE A MAXIMUM OF 6 CHILDREN BETWEEN BIRTH AND 3 YEARS OLD, AND NO MORE TRAN 3 OF THOSE CHILDREN CAN BE BETWEEN BIRTH AND l YEAR OLD, INCLUDING THE CAREGIVER'S OWN CHILDREN. LARGE CHILD CARE HOME • A CHILD CARE FACILITY THAT PROVIDES CARE FOR 7 TO 12 CIDLDREN WHO ARE NOT RELATED TO THE CAREGIVER IN A PLACE OF RESIDENCE. CHILD CARE MAY BE PROVIDED TO CHILDREN FROM 24 MONTHS TO 16 YEARS OF AGE. CARE MAY BE PROVIDED TO NO MORE TRAN 2 CHILDREN UNDER 2 IF H.\OllOUPIBOAJU>SIPLANCOMM\Ol.96-olSll.OOC S I· 0 • . , . • (. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATTER OF CASE IOR-96-03 FINDINGS OF FACT, CONCLUSIONS AND RECOMMENDATIONS RELATING TO AMENDMENT OF THE COMPRE- HENSIVE ZONING ORDINANCE ON HOME DAY-CARE IN RalDENTIAL ZONE DISl'RICTS INITIATED BY: OFFICE OF NEIGHBORHOOD AND BUSINESS DEVELOPMENT ) ) ) ) ) ) ) ) ) ) ) ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING C()MMJSg)N Commission Members Present : Shoop, Tobin, Weber, Douglas, Dummer, Homer, Red- path, Mason Commission Members Absent: Garrett This matter was beard before die City Plannin& and ZooiDa Commission on August 20, 1996, in die City Council Chambers of the Enalewood City Hall. Testimony was received from staff. The Commission received notice of Public Hearing, and die Staff Rq,on, which were iDcorponted imo and made a put of the record of the Public Hearing. No public was present to testify on this issue. After considering die swemems of the witnesses, and rmewmc the pertinent documems, die members of the City Plannina and Zonina Commission made the f'oUowm& Findinp and Con- clusions . 1. 2 . flNDINGS Of fACT TBA T the proposed ~ to die Comprebemive Zoain& Ordinance were initi- ated by the Office of Neipborbood and Businea Developmcnl at the directive of Enalewood City Council. TBA T nocice of the Public Hearing was published in the f,plpqqd llmld on Aupst 8, 1996 . ..... •, I· • ·, • 3. TBA T Planning Community Coordinator Stitt leStified to the nature and intent of the proposed amendmcnls rcprding home day-care, which would allow •flmily child-care homes" and "infant/toddler homes" IS a Coaditioaal Use in the R-1-A 7.one District; would modify verbiage rcprding home day-care in remainina residemial zone districts to comply with wording of Seate rqulations; allow ·Larae Child-Care Centers" IS a Conditional Use in R-1-B, R-1-C, R-2, R-2-C, R-3, and R--i :zone Districts; and bring the definitions into compliance with Seate repwiom. 4 . THAT no one WIS in IUCDdance in support of or opposition to the propoeed amend- ments . WNCLUSIQNS 1. TBA T notice of the Public Hearing wu properly given by publication in the EDak: ~ Hmld on August 8, 1996. 2. TBA T the Planning Commission determined that the proposed amendment of the Com- prehensive Zoning OrdiDancc will provide the opportunity for home day-care in all residential districts, and bring restrictions on home day-care into conformance with State regulations . DECISION THEREFORE, it is the decision of the City Plannina and Zonina Commission lbat the Com- prehensive Zoning Ordinance should be amended to allow •flmily child-care bomes" and • infant/toddler homes" as Conditional Use in R-1-A, to c:Jrmae verbiap in remainiDI raiclen- tial zone districts regarding home day-care to comply wi1b Seate rqulalic.m, and to modify definitions to comply with Stare rqulations. The decision WIS reached upon a vote on a motion made at the meetins of the City Plumina and Zonina Commission on Aupst 20, 1996, by Horner, seconded by Tobin, wbicb motion states: 1M Pl4nning Commission recommend approval of the propoud tllM1ltbnotts to 1M Co,np~- hensive Zoning Ordinance on holM day-can as sn fonh in Case IOR-96-03. AYES: NAYS : ABSTAIN : ABSENT : Dummer , Horner, Shoop, Tobin, Weber, Muon Redpath, Dou1las None Garrett The motion carried . 2 ...... ... I • • • . . Tbcse Findings and Conclusions are effective as of the meetina on Aupst 20, 1996. BY ORDER OF THE CITY PLANNING A ZONING COMMJS.flON Vice-Cbainnan 3 • .. l I. ,,. l' '."I .. ~ . . • ORDINANCE NO. _ SERIES OF 1996 • • • BY AUTHORITY A BILL FOR - ES I I--AIIBNDDfO 'ffl'LS 11. CBAPID8, AND a, OP THB ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO THE REGULATION a, IIOIIB DAY CAD l'Am.11118 llf 'l'BS ~1-A r.oNB DJ8'1'1DCT. WHEREAS, day care homee located in the R·l-A Zone District approached City Council requesting that the Zoning Ordinance be amended in aome mumer to allow home day care in the R-1-A Zone District; and WHEREAS, the Englewood City Council Reaolution No. 52, Seriee of 1996, establi1hed a policy to ceue IOJllDI enforcement for day care buain-in the R-1-A district that were licenaed by the State of Colorado and operating prior to June 3, 1996; and WHEREAS , thia limit to zoning enforcement ii eft'ective from June 3, 1996 through October 21, 1996 and only appliea to the prohibition of a day care buainNI in the R-1-A and not to other proviliona of the Englewood Municipal Code; and WHEREAS, City Council directed the Neighborhood and BuainNI Development Staff to review the 1ituation and prepare a recommended courae of action; and WHEREAS, thi1 Ordinance would permit heme day care u a Conditional Uae in the R-1-A Zone District; and WHEREAS, theae amendmentl are bued on the curnnt Colondo Department of Human Services, Divi1ion of Child Care rulea re,ulating child care hcmea; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO, AS FOLLOWS : Section 1. The City Council of the City of Englewood, Colando hereby approvea ~ :~:~~·=:~:==-~-:: .. . composed of certain quiet, low-denaity reaidential areu of the City. The regulations for thil Di1trict are deaigned to 1tabilize and protect the e11ential I characteri1tic1 of the Diltrict, EXCEPI' FOR CERTAIN CONDfflONAL ~ WHICH ARE CONTROLLED BY SPECinC LIMITATIONS GOVERNING THE 1 SIZE AND EXTENT OF SUCH USES and to promote and encourap a 1uitable . environment for family life . To th-encla, development ii limited to a relatively ~Mol"wl'III{[, ' nuaUoo, ud """"""" -on Umilod bdi<ally ., ,ln1lo-family . I ...... • . I . • . .------------------------ • - Section 2 . The City Council of the City of Englewood , Colorado hereby approves amending Title 16, Chapt.er •. Section 2, Paragraph 0, of the Englewood Municipal Code to read as follows : 16+1: R-l0 A, SJNGLE-FAMILY RESIDENCE D18'11UCT: 0 . Conditional U11e: Provided the public interest ii fully protect.eel and the following use is approved by the Commission: 1. FAMILY cmLD CARE HOME OR INFANTfl'ODDLER HOME. 2 . Dependent care centers: StructurN uaed u educational institutions, religious institutions or public facilities, mating at the time of the enactment of this Ordinance, may be converted for uae u dependent care centers. Section 3 . The City Council of the City of Englewood, Colorado hereby approves amending Title 16, Chapter •. Section 3, Paragraph Ill, Number 5, al the Englewood Municipal Code to read as follows : 16+3: R-1·8, SINGLE-FAMILY BB8IDENCE D18'11UCT: M . Accessory Buildings And Permitted Accessory Uses: 5 . Home occupation: Occupations customarily incidental to the principal use as a residence when conducted in the same dwelling, provided that the following conditions are met: i . FAMILY CmLD CARE HOME OR INFANTfl'ODDLER HOME .• t,-, -e h1me fir the -•-te femo (6) ehiUr• •. , lie,... ... -• h••• ····-- Sectign 4. The City Council of the City al Enalewood, Colorado hereby appl'OYeB amending Title 16, Chapter,, Section 3, Paracrapb N, Number 1, al the En,lewood Municipal Code to read u followt : 16+3: R-1-8, SINGLE-FAMILY RESIDENCE Dl8'l1UCI': N . Conditional Ullt!S : Provided the public inta.t ii fully protect.ed and the following use is approved by the Commillion : 1. LARGE CWLD CARE HOME : Qhil• -e _.,., Small ehil• eare eenMr Nf\ieg &,e (5) te Neloe (18) 1hiU1e. Accellory play equipment shall be located in rear yard. Section 5 . The City Council of the City ofEnpewood, Colorado hereby approves amending Title 16 , Chapt.er •.Section•. Chapter Ill, Number 5, al the Enpewood Municipal Code to read u follows : I ..... : R-1..C, SINGLE-FAMILY RBSIDBNCB DIBTIUCf: M . AcceBBory Building• And Permitted Acceuory Ullt!S : -2- ...... 1 .. ., I . ---------------------------,.,----------------------~------..--- • • I• • 5. Home occupation: Occupatiom customarily incidental to the principal UN u a residence when conducted in the aame dwelling, provided that the following conditiom are met: i. FAMILY CHILD CARE HOME OR INFANT/l'ODDLER HOME. t.-,-heaefrrtlte-•-•--(e) lhil••.., lie ....... -• lli1a1 .......... Ses;tion 6 . The City Council of the City alEnpewood, Colorado hereby approves amending Title 16, Chapter,, Sectian ,, Chapter N, Number 1, of the Engl-ood Municipal Code to read u follows: I...._.: ll-1.C, SJNGLB.FAIIILY IIIIBIDBNCB D1B'1'R1CT: N . Conditional u-: Provided the public interest ia fully protected and the following UN ia approved by the C-ommiNioo: 1. LARGE CHILD CARE HOME: Sllil. -....... Baell elliH NH ~ Nl"ftlll fiue (i) ti •ehe (II) ellil•re11. Acceuory play equipment lhall be located in the rear yard. Ses;tign 7. The City Council of the City alEn,l~. Colorado hereby approves amending Title 16, Chapter,, Section 5, Chapter N, Number 5, of the ~ood Municipal Code to read u followa: lM-1: ~I MEDIUII-DBNBITY BB81DENCE DIS'DIICT: N . Acce11ory Buildinp And Permitted Acceuory u-: 5 . Home occupatiom: Occupationa c:uatcaarily incidental 1D tbe principal wie u a residence when conducted in tbe -dwellin1, provided that the follawin( conditiom are met: i . FAMILY CHILD CARE HOME OR INFANTfl'ODDLER HOME . 6..,_ .......... ___ ...... m+n. -, lie ........ a .. _, 1111,,ti,11 . Soc;tiqp 8. The City Council of the City al.,.__, Colando banbJ approves amending Title 16, Chapter,, Section 5, Chapter 0, Nuablr 1, altbe EDpwood Municipal Code to read u follows: 0 . Conditional Uae : Provided the public intereet ia fully pratec:ted and tbe following uaer are approved by the CommiuiOD, aeept for tlMae pvu.p homes which are required by State statute, the follawin( proviaiom apply: 1. LARGE CIULD CARE HOME. Baell ellil• -_ .. , rervinc fwe (i) '8 •• e (II) 11lil•re•. Acceuory play aquiJamt lball be located in the rear yard. Soc;tiqp 9 . The City Council of the City al Enclewood, Colorado hanby 8ppr'Ofte amendinr Title 16, Chapter,. Section 6, Chapter II, Nlllllblr 5, altbe lnpnood Municipal Code to read u follows : -3- ... . , ... I . 0 '32 x l • • • '· 11-M: &-1-C MEDRJM-DENBITY RE8IDBNCE DIB'l1UCI': M . Accessory Buildinp And Permitted Acceuory UBe&: 5. Home occupationa: OccupatillDII cuatomarily incidental 1D the principal uae u a residence when conducted in the same dwelling, provided that the following conditions are met: i . FAMILY CHILD CARE HOME OR INFANTfl'ODDLER HOME . .•.-, -heme fer the -er-• fw (6~ ehil.._.., lte ,....._ • • h1me ••.,.ti•a. $ect;jgn 10. The City Council of the City of En,lewood, Colorado hereby approves amending Title 16, Chapter 4, Section 6, Chapter N, Number 1, of the Engl-ood Municipal Code to read u follow,: 11-M: &-1-C MEDRJM-DENBITY BB8IDENCE DIB'l1UCI': N. Conditional Use : Provided the public intereat ia fully protected, the following UBe& are approved by the Commiuion, ncept for those IJ'OUP homea which are required by State Statute, the followm, proviaiona lhall apply: 1. LARGE CHILD CARE HOME . Small ehilll -eater •"BIi fi,e (51 • ... e1.e (111 ehiHr•. Accellory play equipment lhall be located in the rear yard. $ect;jgp 11. The City Council ol the City of Englewood, Colorado hereby approves amending Title 16, Chapter 4, Section 8, Chapter 0, Number 7, • the Eqlewood Municipal Code to read u foUowl: 1~ R.s, IIIGII-Dll:IBTY IIBIIIDBNCE DIB'l1UCI': 0 . AcceNory Buildinp And ~tt.ed Acceaory u-: 7. Home occupation : Occupations cultomarily incidental to the principal -u a Naidence when conducted in the same dwellin1, provided that the followm, conditions are met: i . FAMILY CHILD CARE HOME OR INFANTtrODDLER HOME . .t. lie, _, h1m1 fer the -•-•fa• (61 ...... • ., lte pe,..._11 • • hlme •••••ti1a $ect;jgp 12 . The City Council • the City • Eqlewood, Colorado henby approvea amending Title 16, Chapter 4, Sectian 9, Chapter II, Number 5, mthe Bnflewood Municipal Code to read u follows : M . Accessory Buildinp And Permitted Acceuory u-: .4 . . , I. 0 • • ·, • .. 5. Home occupations: Occupations c:uatomarily incidental 1D the principal uae u a residence wbm candw:ted in the ume dwelling, provided that the followinc canditiona are met: i. FAMILY CIULD CARE HOME OR INFANTfl'ODDLER HOME. .t.-, -h-e fer the -fl w • ,._ (6) ehil,rea _, ............ 1a •• , ....... . Sectim 13. 'l1le City Council oftbe City ofBqiewood, Colando, hereby~ amendinc Title 16, Quipt.w 8, Section 1, oftbe 11:apewood Municipal Code with the inlertion of the followinc deftnitiona in alpbabetical crier: FAMILY CHILD CARE HOME: INFANT/l'ODDLER HOME: .5. A CIULD CARE FACILITY THAT PROVIDES LESS THAN 24-HOUR CABE FOR 2 OR IIORE CHILDREN ON A REGULAR BASIS IN A PLACE OF RESIDENCE. CHILDREN IN CABE ARE FROII DIFFERENT FAIIILY HOUBBHOLDS AND ARE NOT RELATED TO THE CAREGIVER. CARE IIAY BE PROVIDED FOR 6 CHILDREN FROII BDlTH TO JI YEARS OF AGE WITH NO IIORE THAN 2 CHILDREN UNDER 2 YEARS OF AGE. CABE ALSO IIAY BE PROVIDED FOR NO IIORE ftlAT 2 ADDfflONAL CHILDREN OF SCHOOL AGE ATl'ENDING FULL- DAY SCHOOL. RESIDENTS OF THE BOD UNDER 12 YEABS OF AGE WHO ARE ON THE PBENJSBS AND ALL CHILDREN ON TBB PRBlll8BS POR 8UPBIMSION ARE COUNTED AGAINST THE APP1lOVED CAPACITY. A CHILD CARE FACILITY THAT PROVIDES LESS THAN 24-HOUR CABE OllLX FOR CHILDREN WHO ARE Bfl'WUN BlllTB AND 8 YEABS OLD IN A PLACE OF RBSIDENCE. THB CAREGIVER IIAY HAVE NO IIORE THAN 1 CHILD OR FOSTBR CHILD BBTWDN 8 AND I YBAR8 OF AGB. IF THBllB 18 1 CAUGIVER, THBU IIAY BB A IIADIIUII OF , CHILDREN, WITH NO IIORE THAN 2 CHILDREN UNDD 12 IIONTIIS, INCLUDING THE ' .. I. 0 '32xl • .,---------------------------- • • LARGE CHILD CARE HOME: CAREGIVER'$ OWN CHILDREN. IF THERE ARE 2 CAREGIVERS CARING FOR THE CHILDREN AT ALL TIMES WHEN CHILDREN ARE PRESENT, THERE MAY BE A MAXIMUM OF 6 CHILDREN BETWEEN BIRTH AND 3 YEARS OLD, AND NO MORE THAN 3 OF THOSE CHILDREN CAN BE BETWEEN BIRTH AND 1 YEAR OLD, INCLUDING THE CAREGIVER'S OWN CHILDREN. A CHILD CARE FACILITY THAT PROVIDES CARE FOR 7 TO 12 CHILDREN WHO ARE NOT RELATED TO THE CAREGIVER IN A PLACE OF RESIDENCE. CHILD CARE MAY BE PROVIDED TO CHILDREN FROM 24 MONTHS TO 16 YEARS OF AGE. CARE MAY BE PROVIDED TO NO MORE THAN 2 CHILDREN UNDER 2 IF OLDER smLINGS ARE IN CARE . RESIDENTS OF THE HOME UNDER 12 YEARS OF AGE WHO ARE ON THE PREMISES AND ALL CHILDREN ON THE PREMISES FOR SUPERVISION ARE COUNTED AGAINST THE APPROVED CAPACITY. Sec;tigp H Safety Cl1uu1 The City Council, hereby finds, determioea, and declare• that thia Ordinance ii promulpted under tbe poeral police power or tbe City or Englewood, that it ii promulpted for tbe bealth, Afety, and welfare or tbe public, and that thil Ordinance ii n-,,y for tbe ..-nation or health and ufety and for the protection of public convenience and welfare. The City Council further determinea that the Ordinance bean a rational relation to tbe proper legillative object aougbt to be obtained. Sec;tigp 15. SexcrebiUty If any dauae, 1ent.ence, pua,raph, or part or this Ordinance or the application thereof ID any pel'IOll er cireumltancea ahall for any reuon be adjudged by a court of competent juriadiction invalid, IUCb jud1JDent ,hall not affect impair or invalidate tbe remainder of thia Ordinance er itl application to other penona or ciffumatancea. $ec;t,jgp 16 lpGQQ•jlfcpt OrdiPIPC:CI All atha-Ordinancea er portiona thereof incon1i1tent or conflictin1 with thia Ordinance er any portion hereof are hereby repealed to the extent or aucb inconaiatency or conflict. -6- ...... I \ • ,... • · ... • .. Sertior 17 Effect q[,...,.. gr mpdifi&e&iAP '1be repeal er modification of any proriaian oft.be Code of die City of En,lewood by tbia ~ llball not releue, ntinpiah, alter, modify, or c:hanp in whole er in .-rt an:, pmalt:,, fwreitwe, or liability, either civil er criminal, wbicb llball bPe a,-incurnd ader auch proviaion, and each prcmaiaD llball be tnated aad beld • lllill nm•inin1 in force for the purpw of nstuninc an:, aad ell praper ediw, eaita, ..-a ceedinp, and proeecutiou for tbe enforcement of tbe penalty, foafeiture, er tiallilit:,, • well u for die pmpme of neteiniDr an:, judrmmt, dacrN, er ..._ wbieb can er me:, be rendered, entaecl, or made in ncb adiona, eaita, ..-a c_,inp, er prwutiou. Sectim 18. flaalu. '1be Penalty Prori8iaD ofB.11.C. SectiaD 1-4-1 lhall apply to each and ever:, yjoJation of tlua ~- Introduced, read in full, aad paaed CID tint nadinr CID tbe 71h day of Oet.ober, 1996. Publilbed U • Bill fer UI Ontiunce CD tbe 10th day of October, 1996. ATTEST: Louc:rishia A. Ellis, City Clerk I, Loucrisbia A. Ellia, City Clerk of tbe at:, of ......... Calando, _...,. certif:, that the above aad fonpinr ia a tn. cap:, of• Bill far an Ordimmoe, in.troclaced, read in full, and pueed CD tint nadinr CID tbe 71h U:, ofOct.ober, 11118. -7- . , •. .. I. . 0 1 32xl • 0 /~ • {' COUNCL COMMUNICATION .,.. Agenda .... Odober7, 1118 NTIATEDBY City Clertt's offlce/Electlon Commlllion 11 a vi STAPF SOURCE . Louatshla A. Ellis, City Cler1IIElec:tio Commlaion Member COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The City of Englewood partlclpad wllh Arapahoe County In condudlng mail ballot eledlons in 1193 and 1195. RECOMMENDED ACTION By resolution set Tuelday, January 14, 1197, a the elate for the rllC8II election and designate that the election be conduded by maH bllllol In accordance wllh the Colorado Munlciplll Elec:llon Code of 1115 and the Uniform Elec:llon Code of 1112 Article 7.5 (Mall Ballol Elec:llons). In accordance wllh the EnglewoOd Charter the nlCIIII elec:tion can be held between December21, 1118 and Febnlary 3, 1197. Aftertaldng lnlo consideration legal holldays and council meetings I am ~ndlng 1tlal Council NI the elec:tion for TUNdey, January 14, 1197. The Elec:llon Commission agrees that ... In the bat 1111 ...... of the ...... of El~ to conduc:l tlle 19Ca11 election lhrougtl the mall bellOI procedures. Paragon Sytlems Group has tlle alllllly to facllltale tlle mail ballot election. $20,000 has been set aide for elections In tll8 1117 Buclgel . If Council Member Hlllhaway Is l9Called by • majority vote, the office Is dNmed vecenl and shell be flied et en election celled by Council not .._ then eo uys nor men then 120 uys after the na11 elec:tion. Addl6onelly, Ellglewood's general munlc:ipel election Is ldleduled for Novembel 4, 1197. Elllmllled COit of tll8 Rec:ell Elec:llon Is $10,000. If election costs for 1197 eJICNd tll8 budgliled amount, Council wll be med to approve • supplement. UST OF ATTACHMENTS .. I . 0 ---------,-------------.---------------------------.-- • State of Colorado County of Arapahoe City of Englewood ·, ) ) IS ) • CERTIFICATE OF SUFFICENCY I, Loucrishia A Ellis, City Clerk of the City of Englewood, Colorado, pwsusrt to Colorado State Statutes 314503 (4), do hereby certify as follows : . . A. Petitions were circulated to recall Rita Hathaway from the Office of City of Englewood Council Member District I. B . For recall the petition must be signed by registered electors, who would be entitled to vote for a successor of the ina.l'nbent sought to be recalled, numbering at least 25% of the registered electors voting for all the candidates for the elected officer's respective office in the last preceding general municipal election. Therefole, 319 signatures were required. C. Recall petitions were filed with the City Clerk's office August 16, 1996. It was -.mined that they were insufficient. The Recall Committee was given the opportunity to an the petitions per State Statute 314503 (3) (c). D . On September 3, 1996 a Notice of Protest of Recall Petition was filed with the City Clerk's offiat by Rita L. Halhaway. E . On September 4, 1996 cured petitions were filed with the City Clerk's office and on September 5 , 1996 the cured recall petitions were deemed sufficient at that time. The City Clerk's offiat determined that ther9 were 332 valid signatures. F . On September 12, 1996 a Protest , ._ i ig was held to determine the sufficiency or insufficiency of recall pMitions filed with the City Clerk's office . G . On September 17, 1996 the written Determination was made that the petitions were sufficient. In witness whereof, I have hereto affixed my lignahn and the official Seal of the City of Englewood this 1st day of October, 1996. SEAL . ' .. I· 0 '32 x l • .,----------------------------;;--,-- (' Bl80U1l'IONNO. ~ SERIEs OF 1996 • • A UM(,lfflOlf asrmro A ... ,AU macnoN n IIAIL IW.IDI' WH&ih '1'111: CITY OF ENGLEWOOD, COLORADO. WHEREAS, petitiom far the recall al Council Member Rita L. Hatba-y W9'e circulated, a IUfficieDt number of aipatuna aMained, and Mid petitiam WW"e filed with the City Clerk'• Office ol the City of EDClewood, Colando, Oil Au,ut 16, 1996; and WHEREAS, on Sept.ember 3, 1996 a Notice al Pruteat of Recall Petition WU filed with the City Clerk'• office by Rita L. Hathaway; and WHEREAS, cured petitiom were then filed with the City Clerk'• afflce OD Sept.ember 4, 1996 and were d-.d aufticimt OD S.--15, 1996 by the City Clerk; and WHEREAS, a Pruteat Heum, wu held to det.ermine the autlic:iwy or iuufficieney of the recall petitiom OD September 12, 1996, and a written Detsminatian -made OD September 17, 1996 by the City Clerk that the petitiOll8 were iD fact llldlicient; and WHEREAS, the Election CcamiNiOD of the City ofEqlewood .,.._ that it would be iD the beet iDtereat of the elec:ton of Eqlewood to concluc:t the recall electiOD throu,b mail ballot procedures; and WHEREAS, iD accordance with the EDClewood Charter, the rec:all elec:tiOD may be held between December 21, 1996 Uld Felinwy 3, 1997; NOW, THEREFORE, BE IT RESOLVED BY THE CITY OOUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tign 1. 'lbe recall electiOD far Council Member Rita L. Hathaway llhall be Nt for January 1', 1997. Sec;tigp 2. 'lbe recall electiOD lball be belcl by mail ballot proced-and CODductecl iD accardance with the Colando llanicipal ElediaD Code ol 19615 and the UDif-Eleeticm Code ol 1912 Article 7 .15 Cllail Ballat Eladiaaa). Sw;tiqp 3 . Parqon S,.... Gnup lball be Nlec:ted to facilitate the mail ballot election. ADOPl'ED AND APPROVED thia 7th day ol Odober, 1996. ATTEST : 11acau J . Burm, Mayor Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Cln far the City olBnpwood, Colando, benby cartif)' the above ia a true copy al ReaolutiOD No . _. S... ol llN. . , .. I. 0 '32xl ------------------------, . • 1 . 2. 3 . • ·, • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL OCTOBER 7, 1996 Call to order. 7:~ ~ Invocation. U}~ 7:30P.M. Pledge of Allegiance. ~ • 4. Roll Call. ~ ~/ / ~IJ'LRl/9 5. Minutes. a. Minutes from the Regular City Council Meeting of September 16, 1996 end the Sp9c)al Cit Council Meeting f September 23, 1~9 . J2 • °'ij . f/lj_~-.i-1{' ~ -~ ,..~~ 'ii) 6. sct:£~:d Visitors. ease limit you resentati:lto t ~Ifie~ a. Etta Mee Merker, Executive Director of Columbine Knolls Parks end Recreation District, ... Deflk ill1FtlaJdl, Reereatio11 9peciall1c of PtRJtldll1 Paki aid -Aac•aafioo Di•ftict will be present to award Austin Gomes and Steve Neyer, Chair end Vice Chair of Englewood's Parks and Recreation Commiuion, a citation from the Colorado Perks and Recreation Association for their outstanding contributions to the enrichment of the community's recreational quality of life. b. A representative of the Englewood Clean, Green, end Proud Commission will present en overview of the Commiuion's ace ishments and req~st , \. financial consideration for future endeav /~').(ID (,. ~....) c. Brien Buzby, Policy Director for Citizens to ve Colorado's Public Trust Lands, will be present to address Council regarding the Public Trust Lands Campaign . 7. Non- Plw nale: If you haw ,1 lllalllllly ..a .... ....., ... • .... ,.._aillfr .. Cllyf//111" •-C7U-W)al ._. • 11oun 1n ..---o1 ..... ..._ .. ......_ 11111111,-. ..... I . • City C-il Apllda Oct-,7,1"6 Pap2 ·, '· • t• - 8. Communications, Proclamations, and Appointments. i. ii. Recommendation from the Department of Financial Services to adopt a bill for an ordinance amending the section of the Englewood Municipal Code pertaining to General Licensing provisions, and removing this section from the licensing moratorium. STAFF SOURCE: frank Glyglewlcz. Director of Financial ~icN. Recommendation from the Department of Financial Services to adopt a bill for an ordinance amending the section of the Englewood Municipal Code pertaining to Amusement licensing, and removing this section from the licensing moratorium. STAFF SOURCE: frank Glyglewtcz. Director of Financial hrvlca. iii. Recommendation from the Department of Financial Services to adopt a bill for an ordinance amending the section of the Englewood Municipal Code pertaining to Food Dealer licensing, and removing this section from the licensing moratorium. STAFF SOURCE: frank Gryglewlcz. Director of Financial hrvlca. P1we naer. If ,au hne I tlMINllty wl nwl-.lllary ... •---. ..... ....., .. (II¥ el I ~1 •II OU-MM) II .............. _...,,.._....__ ............. ,... I • • • <. City Council Agenda October 7, 1996 '•3 iv. Recommendation from the Department of Financial Servic~s to adopt • bill for en ordinance emending the section of the Englewood Municipal Code pertaining to Arborist licensing, end removing this section from the licensing moratorium. STAFF SOURCE: Frank Gryglewicz, Director of Financial Services. v. Recommendation from the Department of Safety Services to adopt • bill for an ordinance approving • contract with the Colorado Department of Transportation for Law Enforcement Assistance Fund (LEAF) grant funding. STAFF SOURCE: lob Moore, Sat.ty hNices Divlaion Chief. b. Approve on Second Reeding. faY 1 1. Ordinances, Resolutions, end Motions. a. Approve on First Reeding. b. Approve on Second Reading. "-11011: If,-, haft a lillllllly wl .... --.,Y ... •---. ... MIiiy .. Clly., I JI M C7U-W)II lalt41hounllladva11Ceol ................. 111116,-. ..... I . 0 • City Council Apnda October 7, 1996 Paae4 12. General Discussion. e. Mayor's Choice. ·, b. Council Members' Choice. 13. City Manager's Report. • • • !J&..lJ /A }l· f.ecornmendation to go into Executive Session immediately following t vrr Lt ({I-U I regular City Council meeting to discuss pending real estate matters 14. City Attorney's Report. a. Motion to defend against the claims filed by the Hortons in the Federal and J State Courts, including the defense and the holding harmles~ / ftff/_,,,o..,I emplo:t;.:~~I and individual capacities. ,v~ ~f:33 The following minutes >.c:::smitted to City Council between 09/13/96 • 10/03/96: • Englewood Housing Authority meetings of July 31, and August 28. 1996 • Englewood Public Library Board meeting of August 13, 1996 • Englewood Liquor Licensing Authority meeting of September 4, 1996 ~~ ......... ff,-..... a6allllly _. .... ...., .............. ..., .. Cir_, I '1 •• C,U.MIS)II ............. .._. ...................... ,... . ' .. I. 0 • . - • 0 • I • • . . I . C - • • • • 0 , • • • r;t~~-~~~ /fl)</-~ . -,• .. . ' • . ' . . I· 0 I• - • : ' . ' ' •, ... I . , ~---_,. • • • 0 I• • . . ' • ~~~~ @~ll£~ ~,v;J- W'fr -6) ~ o/nt;,hNzL urn ' ' '~rJ~~-- . - I . . 0 • • • ,. • OCTOBER 21, 1996 REGULAR CITY COUNCIL MEETING • .. 0 I.