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HomeMy WebLinkAbout1996-06-03 (Regular) Meeting Agenda• ·, • ,, .. • JUN.! 3, 1996 REGULAR CITY COUNCIL ME£TING ORDINANCE t TY. 26, 27, 28, 29, 30, 31 RESOLTION t 48, 49, 50, 51, 52, 53, 54, 55, 56, 57 • • ... 0 • I. I • ·, • <. \ ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Replar Sellioa Juael, 1996 1. Call to Order The regular meeting of the Englewood City Council wu called IO order by Mayor Burns at 7 :46 p.m. The invocation was given by Council Member Wiggins. 3. Pledte .r Allqiuce The Pledge or Allegiance wu led by Mayor Burns . 4. ...Call Pn:scnt : Absent : Council Members Hathaway, Clapp, Wiggins, Habenicht. Vonnittag. Waggoner, Burns None A quorum wu present. 5. Ml..ea Also present : City Manager Clark City Attorney Brotzman AllilWll to the City Manager Gncie City Clerk Ellis Deputy DirclClor Ol-. Safely Scrvic:a Executiw Diimor Mali-*i, Ellglewoad Housing Authority Manager Simp11111, Ncipborllood Md~ ~dopmm( Diimor Black. Pub and Reaalioa Rccralion SeMca Muqel' Midlelloa Manqcr or c-.ily Service1 Bl :lull Chic( Buildiag Official SliU (a) COUNCIL MEMaER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES o, THE REGULAR MEETING or MAY JI, 1"6. Motion carric:d . Ayes : Council Members Hanhaway, Vonnittag. Wigins, Waggoner, Clapp, Burns Nays: None Abstain: Council Member Habcnichn 6 . Sd1edllled Vltiten ., • I E•&lewood City Council J•nel, 1996 ••• 2 (, • • (a) Community Emergency Response Team (CERn Volunteers were honored for their service to the Cily of Englewood. Mayor Bums said Council apprcciales everyone attending tonight's Council Meeting. He nolCd that there will be a receplion and refreshments at the Miller Building following this recognition ceremony . 111c following volunteers were recognized : Phil Russell Duglas Gnham Rieb Bunon Dorothy Lesscm David Louch Kelly Ellington Mitdt OffiiU Chris Heelis Marjie Moore Larry Bigby Anne Phillips Sylvia Kubilus JoAnne Whitaker MaryTrouth Jackie Garcia Rosie Merdli TomMerelli Kristi Haner Mary DeWitt Ira Weir Norma Weir KyleDoying Karma y Olker Scolt y Olker Alfred Vormiuag BotJbi Vormittag Gayle()pn Billie Miller Austin Gomes Sheila Gomes Marilyn Brenengeo James Dymek Andlony Dymek Dee Harris Be\<erly White VcraMoalcz Tami Monday Todd Monday Andra Randolph Tresa Shanahan Donna Shanahan Pencho Dimitroff Billie Swter Gary Koz.acek Ray Moreno Carol Moreno Jcandtc Sprinkle Keith Kohler Mary Guthrie Barbara Mikus Bob Dunning Vickie Dunning Nan Robinson Jennifer Venrick Brom Lujan Marissa Dymek Mayor Bums pcaenlal certiflCltcS to thollC volUDlcen praent. He BOICld dull this -a -"Ible turnout. that almost C\'efYOIIC wu hen:. On behalf ol Council, be thanked C\'efYOIIC for their help . • • • • • (Clerk's note : Council Member Vormittag left the meeting at 7 :58 p.m. to lltend the CERT Volunteer recep(ion . I ••••• (b) Tonda L. Gatewood. an Englewood citizen, staled that she -hen: two weeks a,o and presented I packet to Council a,nceming dlytare. She explained that she had had a neighbor complailll . 111c neighbor had thrown I rock over her fence and Ms. Gatewood said she coafronled her on the IIIIIICr. Ms . Gatewood commented that the neighbor IDOl'I drellched her wida the 1-and called her -· Ma. Gatewood said a police olf'icer talked to her and Scolt Thomplon from C'.ode Enfon:lemenl lpolic IO lier regarding the situation, IS she had complained aboul the dlytare. Ma. Gatewood said the acighbor bal • , • E•&kwood City Cooncil J•ae3, 1996 Paee3 • • lived there approximately a year . Ms. Gatewood Slated that she was not aware that she was in violation of the wning code when she bought her house two and a half years ago. She advised that Mr. Thompson issued a violation, but she feels the mailer is more a neighbor dispute than a daycare issue. She said she really feels that daycare is needed in the Englewood area. that there are sixteen in this district. She commented that she has been a licensed daycare provider for two and half years. Ms . Gatewood said ii is not the easiest thing in the world to do. you have to go through a lot of classes, e.g. CPR/first aid training. She said she was recertified in April for another year, the State inspects the daycare home and will investigate any complaints reprding abuse. Ms. Gatewood said another program goes along with this, Wildwood, and they come out about eveiy three months to inspect. She noted that ii is also a wonderful program. She reiterated that she feels Englewood needs services provided by daycare providen. Ms. Gatewood said she does it because she lo\a children, that she is a single mother, that she bought her house and this is the only thing that she has that keeps her alive and her children alive . She llalcd she does not think just one should be put «Nit and not the others. She said there are people heR who have done ii for seventeen years. that they are wonderful women and that there are womea heR to support her. Ms. Gatewood stated she is just asking that maybe something can be worked out so that they will not have lo shut down. She said as of Friday they did shut her down and she is oot of wort until this isluc can be brought up and she can go back to work. She commented that it is not only for her, bul for the kids and parents, and for all the other daycare providers that put in a lol of hard wort and c«on . Her parents have to find somebody new, the kids have to go 10 somebody new . She concluded by saying that she lo\a whal she does and does not want to lose it. Mayor Burns offered, as a point of infonnation, that at Council's study session just preceding the meeting. that the consensus of Council was to put a moratorium on fwther enforcement of the daycare issue in R-1- A. He said this will be in order to obtain some more information about this with the idea of possibly separating this out as a separate use in that zoning classification. He said that they will be proceeding. that the City Manager said he .-ould like a resolution, which they will have, and procccd lo look at this fwther and see if they can 'I II)' to accommodate this issue. Council Member Habenicht asked iflhal moratorium includes this young woman. Or, Council Member Hathaway said, what can be done in her cue right at this partiadu point in time. City Manager Clark stated that ii is his understanding that Council wanted to have a certain date established and anyone prior to that date would oc IIIOflllorium. He said the dates are Council's choice, that he wu going to recommend June Jn1. which is tonight. and rdJ'olctivc back when they bring the raolution in. Mayor Burns said that is what he Wll lhinking. that he did not think they should cut oft' today and then prolCCUle the people who have been cited before. but not after. He llalcd he thinks they should make it raroactivc . Council Member Hathaway COIIUIICIIICd that that still docs not address Ms. Gaaewood's litualioa, becaulc her complaint took place before . Council Member Habenicht said that is rdroaclion. Council Member Hathaway stated it is only n:troactivc to June 3n1 and asked if that is right? City Manager Clark said no, ii is June 3n1 back to whcncvcr. but anything after June 3..t would not be subject 10 the moratorium. CINlncil Member Habenicht asked if thal means Ms. Gatewood can still take care of her children? Mayor Burns commented that that was his next question . Council Member Hathaway asked if that means she can go back into business tomorrow'/ City Manager Clark said she will be under the moratorium, because she was a prior operation . Council Member Habenicht said she had just wanted to clarify that. CINlncil Member Hathaway asked if Ms . Gaaewood will bavc a cour1 date on this particular matter? City Altorney Brotzman said she may have • court dale . Ms. Galcwood said no, that she did not violate, that as of last Friday that was her last day and there were no childml there. She stated they also came this ...... .. • • Englewood City Council June 3, 1996 Pa&e4 •, 0 • morning and there were no children there . However, she said, Ibey did come with ticket in hand ready to ticket her. City Manager Clark asked if ii was true that she was not served the ticket? Ms. Gatewood said no, she was served a notice of violation . Directing his comment to Ms. Gatewood, City Attorney Brotzman explained that she needs lo be aware that Council may not amend this. That they do not want lo jerk her back and fonh. except right now you can't have daycare in R-1-A and what the Council is going to do is consider that issue. He pointed out that ii may not pass and ii may remain the way ii is. Mr. Brotzman said if she is going to start her business up again she needs lo know that in the future ii may or may not pass. He asked that she take that into account if she is going lo start her business again. Ms . Gatewood said okay, but she asked if she can continue her business as of tomorrow. Mr. Brotzman said as of today. Mayor Burns asked if a vote is 1-scd on this. City Manager Clark said wc will just not enforce it and bring a resolution back in two weeks . Mayor Bums said okay. Council Member Wiggins staled he would like lo pul a stipulation on that agreement that Ms. Gatewood and her neighbor get along with each ocher and make peace with each ocher and live with each oehcr because they arc in the same neighborhood. Ms . Gatewood said she understands that . Mr. Wiggins said they should let bygones be bygones. bury the hatchet, smoke the peace pipe whatever it takes. He noted that's what precipitated her problem . Council Member Wiggins asked Ms. Gatewood if she bought her home in Englewood with the intent of opening a daycare service. Ms. Gatewood said yes and that she had called and asked and was told that ii was fine . Mr. Wiggins, directing his comment to Ms. Gatewood, said of counc you dido ·1 keep the name of anybody you talked to. Ms. Gatewood said she just called down here. Council Member Hathaway said just as a suggestion. since there arc a couple of people in the audience, one of which has been here before in the same situation and the fact that they have Vera Montez who is from the Child Care Association. that these people be brought in to help draft the best resolution to this that wc can. She said she would like to consult the expcns in the fic:ld if wc can. Mayor Bums commented that he did not know if they need them for the resolution, but that they may need them for the ultimate determination of what they arc going 10 do IS far IS the ordinance is concerned. Council Member Hathaway said she was talking about when they change the ordinance, because she said she can guarantee that they know more than the staff docs . Mayor Burns stated. if they arc going to be regulating this in some fashion. that they should ccnainly consult the people that arc in the business. Deputy Director Olson asked for permission lo address Council . He said that he just wanted clarificalion on this again. as Council is literally putting his people in code enforcement in a kind of bind. He said he has been talking to Ms . Gatewood's neighbors and they have dealt with this issue for days and days trying to get this resolved . He said he wanted Council lo be n:al clear. if Council is going to allow her to start up again during this moratorium period, lhal the neighbor is going to be right down on us one more lime. Mr. Olson said he just wanted to get it clear on this as they arc getting bounoed around, back and fonh, on the whole issue right now . Mayor Burns said that they undcnland his problem . Council Member Habenicht said she wanted to share that she thought that when ocher similar sitlllllions, not panicularly with daycare. that have come up in neighborhoods and neighborhood watch situations. She said she thought Council Member Wiggins made a good point about the neighbors needing to wort something out. She said that there is probably an oppo,tunity through the neighborhood watch or something like that for these neighbon lo get together and pcrhllpl with the auillancc of knowing wllll Council is dealing with and being pan of the communication that might wort through that, might be helpful . Deputy Director Olson commented that ii is I little more involved than that, that he did not know if ii would be quite that simple. He said people were quite adamant when they called him and they wen: ..... ... I • Enckwood City Council June 3, 1996 Pa,:e5 0 • not pleased with the situation . He staled ii is really Council's decision, but that he just wanted to let them know that Scott Thompson did go on out and Ms . Gatewood wluntarily. essentially, Slopped having the kids in there as of last week . But again, he pointed out. if we are going to stan it up , given the options Council will be looking al , there will be a fall«it from the ocher side of the fence . City Manager Clark staled that they are anticipating that and that Mr. Olson can explain to them that the mailer came before Council , that Council wants to review it and instructed staff to pull off on enforcement until they review it. Also, Mr. Clark noted that he can invite them to become a scheduled visitor in two weeks and altend all the roning hearings, etc. Mr. Clait noced that also they have indicated to Ms . Gatewood that if this amendment doesn 't pass then she and the ocher daycare centers will have to comply with the R-1-A . Deputy Director Olson apologized for coming forward like this. but he said they kind of caught him off. guard with the actions that were just taken. Mayor Bums said he realizes that Mr. Olson has indicated they just made his job a loc harder. Council Member Hathaway noced Mr. Olson is asking for clarification and she explained that all they are doing is issuing a moratorium on enforcing a cease and desist order on R-1-A daycare centers. Mr. Olson commented that that essentially includes Ms . Gatewood in that process. Council Member Hathaway said yes, because she is one of the ones in R-1-A. Ms. Hathaway clarified that if she gets in a dispute with her neighbor, which is tocally unrelated to the daycare situation, then he should enforce that one. Mr. Olson advised that they do. however he just wanted to let them know that it is all tied together. Council Member Wiggins told Mr. Olson. when the ocher neighbor comes forward and jumps down his neck about this ocher situation, to tell them they can come before Council just like she did and speak their issue . 7. Noe-Klleduled Visiton (a) Janice Boyer stated that Tonda Gatewood is her daycare provider and that she is wonderful . She Slated that she has seven children ranging in age from fourteen to sixteen months and she has gone through a IOC of daycares . She said that Ms. Gatewood gives the children the special care that they need. that John is sixteen months old and has been in her care for three weeks . She said he knows his nose . his ears, his eyes and if she were to take him to Kids Care or one of the ocher big daycare centers he would noc get this kind of special love. She said he gets up at 6 :30 a .m., gets his clothes. gets bis diaper bag and he knows he is going to Tonda's. He could not go to Tonda's on Friday because she had to go tocoun. he couldn 't go to Tonda 's today because she wu closed down . She asked how you explain to a sixteen month old child that he can 't go sec Tonda. Ms . Boyer commented that she walks him down to her everyday and they get close to her house and he 's trying to get out of his stroller going Tonda. Tonda. She said she knows daycare is easy to find if you take them to a big place. She said she is a single parcnl and has lo work . She stated that if she does noc work , her kids do not have clothes on their back or food in their mouths. that they have noching if she does noc work . Ms . Boyer said that Ms . Gatewood is reliable. inexpensive and she is great. She asked that they please noc take her daycare, as she is the best thing that she has found in her fourteen years of being a parent. Ms. Boyer noced that she has a special child with spina bifida and she does noc trust too many people with her . She said that right now she is living with her father because he does noc have lo work as many hours as she does . Ms . Boyer llaled that when she gets her back she definitely plans on taking her lo Tonda because she knows that Tonda can be there . She said. if she needs something or falls and buns herself. she knows Tonda will call her and she can come home . She nilled that a loc of the daycares don 't do that. She said that the daycare she is with now will noc say anything if she falls out of her wheelchair. She said if John fall s Tonda will call her at work and tell her he fell and scraped his knee . Ms . Boyer reiterated that she is the best daycare she has ....... •. I • • Englewood City Council June l, 1996 Pace6 (, • , . • found in her founeen years of being a mom and if there is anyway that she can keep her, she asked that she please be allowed to keep her. She said she knows it sounds strange but that she is great. Council Member Hathaway noted that Ms. Boyer said that she walks down to the daycare, so she must live in the same neighborhood., and asked how far away she lives. Ms. Boyer said yes, that she lives about eight blocks from her and he knows Tonda 's house. Ms. Boyer said that Ms. Gatewood has a park right there and he sees that park and he is trying to get out of his stroller and trying to run to Tonda's. Council Member Hathaway asked for her address. Ms. Boyer answered that she lives at the Holiday Motel at 447S South Broadway right now. (b) Joan Smallwood. 4737 South Fox, noted that she spoke to Council a couple of times last fall regarding the R-1-A zoning and its effect on daycare and henclf'. She said she wanted to reiterate a few things. She stated that on October 2"" Council VOied to stay this issue for an indeterminate period of time and she received a letter which states that the enforcement actions on daycare busillC&SCS would be put on hold until this issue could be resolved which, she noted, is basically what Council restated earlier tonight. Ms. Smallwood maintained that daycare provides a very valuable service to our community and to the residents of Englewood. She said all of Englewood will suffer if they do not have child care within the community. She noted that it just takes people out of the community, that they don't shop at the local stores or local gas stations if they have to go to Littleton or Denver to drop their children off or pick their children up. She commented thal those are the stops you make to and from work, we have all been there, done that. Ms. Smallwood noted thal there are fifteen licensed daycares in the R-1-A district in the Englewood area. She said she and Ms. Gatewood are two of them. Ms. Smallwood commented that Ms. Gatewood sits righl on the boundary line. that literally if you lived across the alley from her you could operate a daycare with no harassment. She said its really hard when you say they can do it there, we can't do it here. they can do ii there. we can't do it here. Ms. Smallwood Slated that she would like to sec some consistency throughoul the City that all residents be mated the same regarding daycare. That they would have the same kind of daycare restrictions and controls that maybe you would have if you lived cast of Broadway or you lived in an area thal was not an R-1-A district, daycares are permitted in those areas. She commented that she hates to sec that a neighborhood disagreement can pil one neighbor with such leverage that they can shut clown a persons livelihood, terminate their livelihood, terminate perhaps the ownership in their home and force them inlo bankruptcy, because we are quibbling over things that are perhaps not daycare related. She added that clearly the States regulates their businesses very. very, very stringently. If there is any problem in lhe daycare home, as far as the daycare operation, the State is right in there. they will shul them clown and not even give them a 30 day notice. Which. she said, is nice of the City to give them. However. she reiterated. that the State will shut them clown within an hour. Ms. Gatewood Slaled 1ha1 she would like for the Council 10 let the State take that control and have that control as they presently have. with the blessing of the City. Ms. Smallwood commenled that she beard a fcw people refer 10 daycare homes as centers. She said they really are not ccnlcrs, they are DOI licensed as centers. thal they are really private individual homes. The maximum licenses are six chikln:n. with a few ex.:cpeions, you can sometimes have two school age children in addition to lhosc small ones, which would make a maximum of eight children. She stated I hat they don '1 create a burden upon neighborhood communities. She said no more children play in her backyard than play in the backyard next door to her . She noted they do not create a noise problem. Ms. Smallwood stated that she does not feel, just because they live west of Broadway or in lillle enclosed areas in there, thal our homes. residences or neighborhoods are really substanlially diff'erent than any of the other neighborhoods as far as residential . Ms. Smallwood said that they just ask 1hat Council grant, and really seriously consider excluding daycare when they are looking at in-home businesses . (c) Harold Cclva. Englewood Downtown Dcvclopmcnt Authority (EDDA) Director, said that he has a request lo make which is contained in a letter and some additional documentation. He .. I • • En&9ewood City Council Juael, 1996 Pa1t7 (. • • passed out a,pies of the letter and attachments and read from the letter. He staled that EDDA is now beginning the eighth year of the summer concert series. He said that over the last two years the attendance at the concerts has increased dramatically and bas a'Calal a problem with the aipecity of Little Dry Creek Plaza to adequately "scat" these larger crowds. He staled that they have SIUdiod altcmalive sights, but feel that given EDDA 's sponsorship olthe event that the Plu.a remains the best location . Mr. Cclva explained that in reviewing the Pwa. and the audiences' use of this area. they believe that a solution to the problem can be best achicYed by modifying the planting matcrial used in the four small octagonal planters at the north end of the Pwa. He said the goal of this proposed change is to open the view of the stage from a greater area ol the Plua. He noted that Council can sec on some of the pictwa, included in the back as well as the ovcrbcad. bow much of the Plu.a area is all off for seating. He staled they propcllC a modification that would consist of removing the existing bushes and small, low crowning trees and replanting these areas with other material that could be maintained at a lower height. He said they would suggest trying this for the summer season and if it is decided thal the IRICS should be rq,laced in the planters, that a variety with a single trunk and higher crown be ldcc:tcd and replanted in the fall. EDDA. he advised, would fund the cost of rcplaccmcnt planting material, but would n,qucst that the necessary labor be provided by the City . Mr . Cclva advised that they have run this by Parks. City Manager Clark and he thought that Bob Simpson bas had a look at it. He said ew:rybody concluded that this is something they should direct to Council and this seemed to be the most expeditious fashion of doing it. He said they appreciate Council considering their n,qucst and they look forward to seeing Council at the COIKCIU. Council Member Waggoner asked if they have had any kind of landscape ardlitccl take a look at this to tell us what kind of bushes and IRICS they an: proposing in there. Mr. Cclva responded that he would probably IIOl be proposing any bushes . Mr. Waggoner asked if it is ll1le that they an: talking about a low growing shrub of some type. Mr. Cclva said probably 110111e kind ol pfitz.crs and either annuals or perennials. He said they can have a landscape architect look at it. Mr. Wagoner asked what is in there now? Mr. Cclva said he believes theR is a dwufhoncy locust and butlcrry, that the planlcrs tbcamdws an: about eighteen inches high with a railing and the existing bushes probably grow an additional eighteen to twenty-four inches above that. Council Member Wagoner asked if he would be alisficd if a bush would be put in lhcre that would DOC grow above the railing. Mr. Cclva said that he would prd'cr thal nolhing grow above the railing. Mr. Wagoner said they need to know what type of bush thal is. Mr. Cclva said he would be happy to have somebody dnw llllllelhing up . He said he thought the City Pa1b might have some expcrti11e in this, e.g . cue ol maintenanclC. Council Member Habenicht asked if she understands correctly that the EDDA is willing to .. y for tbe plant material and for a large enough caliber trcc to have thal crown be high enough so thal it would be a fairly lllatUffll trcc in theR. Mr. Cclva said he is aying thal he would like to sec the~ examined and ddcrminc if they really want a tree in thole planters. He said he is DOC exactly sure what area tbe tree has for rooting and he is IIOl sure whether you will gel any trcc that's going to be anything but kind ol a unhealthy miniature if lhcre is concrete. Council Member Habenicht commented that she thought it would be nice to have shade. She asked if tbe City would have the trees that an: in there to be placed clscwhcrc in the City. Council Member Hathaway said she thought that would probably be up to our option u to wbcthcr they could be IIIIYcd or DOC . Mayor Burns commented that the photos seem to show that they obltruct the stage quite a bit. especially from the back area. He asked if there was any staff comment on this and said that he realizes that this is an unscheduled visitor section . City Manager Clark advised that they were approached by Mr. Cclva and thought that this could be , potentially. a 11ensitive IUbjCCl if they were to unilatc,ally ID out and start moving tn,cs around . He said that is why they 11.1ges1 Mr. Cclva appear before Council and gel a 1e111e ol . . .. I· ---~----------------------:-------:-;, ,-i • Eaclewood City Couac:il Juael, 1996 Pq,e8 C, • • the Council oa this. Mr. Clark felt Council a>uld appreciate that if we start pulling shrubs and trees out bow touchy people can get. Mayor Bums staled he thought if they can replace it with other material that would still be dcoorativc and provide some shade but would allow the view we are seeking, that he would noc have any objection . Council Member Wiggins stated that is the issue he has. That it is a CXIIICCl1 for sound, IIOl so visually to sec what is on the stage with the exception of some groups that do perform movement like the Polynesian group he saw clown there. He said that to most of them it is the sound they listen to . He commented that as he goes to the concerts, and walChcs the people. that they are noc so engrossed in watching the members play as they are in hearing the music, looking around and enjoying the immediate 1CC11CfY around. He said he did noc sec any problem. Mr. Wiggins IIOlcd that another thing he gctS a kick out of is that it draws a lol of handicapped people to the front. they get clown there probably a half hour before the program C\'el' begins and they havc scarfed up the whole fronc area with their chairs and they are IIOl Englewood residents. they are bused in here from various home care people a good part of the time . Mr. Cclva noced that the pictures show that while the experience may noc thcoll:lically be viewed • a visual cxpcricnoc. that people do noc seat themselves behind the planters. That you will find people leaning against the railing back by the pond. but you don't find an awful lol of chairs behind planters where there view is obstructed. He said for some reason they want to sec they aage. Council Member Wiggins said to a dcgRJC. but that one of the reasons is. that is where the sound equipment is and sometimes it is so loud you want to get away and get back away from it. Mr. Wiggins stated that he would be a little less inclined to take anything out of there . Mayor Bums said that he tends to agree with Mr. Cclva that he thinks that people do so to sec the performance. However. he asked. if they do this. could they remove and replace at the same time so people would noc be upset if there is an empty planter there for a couple weeks. Mr. Cclva said ablollllely. Council Member Hathaway advised that one of the other things that has always pracntcd a problem is what was called the ~center stage area" at the time the Plaza was clcdicalcd. She said that was originally supposed to have been for performances. that it is the bigger area that has the flal COIICfflC pioc:e ia the middle that doesn 't get used for hardly anything. Ms . Hathaway asked if there was any possibility, ifwc are indeed going to change the planters and whatC\'el', of looking al perhaps taking that out and either making a smaller planter \\ith the same type of tn:es or whatever . She said it is just kind of in the middle of no where doing noching in the middle of the Plaza. Mr . Cclva IIOlcd that it was designed to be a stage. but it is too small to be a stage . Ms . Hathaway said it was designed to be a aage but it has DC\'el' been able to be used . She said she thought the only time they had ever used it was when they did the one ChrillmaS program and that was because they had the tm: set up on it. Mr . Cclva said yes . Council Member Hathaway stated that she feels that when they do this that they need to evaluate the whole thing, because that a>uld be seating space and it is noc . Mr. Cclva said he would be more than happy to have a landscape architect do some suggested plantings. Mayor Bums asked about the location of the area Council Member Hathaway was talking about . She pointed it out to him and noced that ii has very seldom been used for anything and kids crawl up and clown on it during the conccns and stuff like that. But she pointed out that that is an ideal sitting space bccaUlc it is immediately back from the stage area . Mayor Bums said that he thinks that is another issue . . . • . I. ------------------~-,. • En&tewood City Coaacil J1111el, 1996 Pqe9 (. • • Council Member Hathaway said that what she is saying that if EDDA is willing to foot some of the cost for some of this they might be able to look into it. Mayor Bums said noc some, but all of it. Mr. Cclva seated that before they volunteer EDDA for the cost of all of it Chae be would ccnainly be intcrcsted in finding out the cost of replacing that scagc area . Mayor Bums said certainly. City Manager Clark noced that Mr. Cclva had said that EDDA would provide a landscape architect also. Mr. Cclva said that if that is Council's desire to have somcching drawn up by a landscape architecc, instead of somebody from the Parks jusc planning by the seat of their pants, that be would be happy to do so . Mayor Bums commented that Mr. Cclva is fishing for a little help from Parks and Rccn:ation hcR, but if this is whac EDDA would like be uked if they had duculel who mighl calk about whac plantings CIOUlcl be puc in bcrc and who CIOUlcl supply the cxpcrtia? City Manqa Clan said what be would like to do is dillCUIS this at staff mccting, that be is kind of inclined to gel a landscape architect, someone who knows all the specifics of crces and CIOUlcl provide us some level of assurance that they would noc become an obscruction somcwhcR down the line. Council Member Wagoner CIOIIIIIIClllcd that they know what the growCh patterns arc and how high they grow and how fasl . Council Member Hathaway said noc to mcncion lbc face that we need one from the scandpoim of maintenance because EDDA is only offering to foot the cost of the materials lhemsclvcs and noc lbc labor involved or the ongoing labor involved. She seated that she thinks that they should gel someching that is fairly low maintenance also, so that they arc DOI burdening the P8lb staff because we put in other scuff. Mayor Bums said that be feels we need the expertise. City Manager Clark commented lhat lhat is a high visibility area so a landscape architect might be able to think of some species or applic:acions Chai perhaps we would noc think of in-house. Mayor Bums said be thiaks it is illlpOl1anl to It-how you can remove and replace at lbc same time. Council Member Wauc-r IIOICld ~ arc some trees lhal grow• Mr. Cclva said with a 11e111 and lbcn the canopy and some lhal grow the other way and we need to know which one is which and how high they grow. Mr. Cclva QOIIIIIICllled lhat they also need co know lbc suilability of the localion illelf' for a U'Oc . Council Member Hathaway noced that the lasl thing you wane to do is cake OUI all thole brick pners wilh roocs from trees. have them go down and move cvcrylhing up. Mayor Bums said yes, that you might put some IR"JCS in there that lbc root ICruccurc would DOI work in lhal confined spaa:. Council Member Hathaway commented thal -ii is in the scaff's hands and Mr. Cclva will gel an architect . Mr. Cclva said they will be happy to and present a plan to Council somccimc in the next a,uptc of weeks . Mayor Bums said that if they gel an architect Council will -if they can help Chem out. (d) Karen Floyd, Prcsiclcnt oftbc Englewood Junior Chamber ofCommcra:, advilCd that Mitch Waldman called her cwo weeks ago to tell her that Englewood -having a fircworkl falival this year. She Slated that be off'ercd the Englewood Jayaa a loc:alioa if they wanted co do a boodl or a carnival type allraction . Ms . Floyd said she took 11 before the Board and they said yes, Chai they ddiJlildy . . • •' I . ------..------------~,. • En&lewood City Council June 3, 1996 Pace 10 • • want to get out in the community . She said she has been infonncd that it has been tradition when there is a fireworks festival that the Englewood Jaycees hoSI a dunk tank . Ms. Floyd stated she has come forward to n:quesl Council's assistance with this. She asked for their participation in the dunk tank for a IS minute time sloe on the fourth of July . Ms . Floyd advised that half of the proceeds from this will be donated back to the City to assist with the fireworks festival next year. Council Member Hathaway noted that she has already put a message on Mitch Waldman's machine as he left her a message. She said she figures that by July 4• there ought to be a IOC of people who would pay money to dunk her. She said she will be the first one to sign up and that she will do it gladly. She advised that she has done it before and will do it apin. She asked Ms. Floyd to sign her up for the times she docs noc get people for . Ms . Hathaway noted that she has raised money for Englewood foocball leam, Cops 'N Kids and had Tom Munds, the former City Manager and different campaign staffers in one of those dunk tanks. She invited Council to tJy it as she said it is not as bad as they think . (e) John Vogt. 3175 South York Street.. stated that much to his chagrin he discovered laSI weekend that the house across the street. 3168 South York Street, was sold to a party who was going to put in another nursing home or assisted living. He said they have one a half a block away and that he thinks the density of the two within a half a block of each another will contribute to heavier traffic . There arc a lot of little children on their street and he feels it will lower the value of their properties. Mr. Vogt maintained that they will be known as a nursing home area. He said he has talked to Council Member Waggoner and City Attorney Brotzman about this and Mr. Waggoner had Harold Stitt call him back . Mr. Stitt called him back and told him that there was nothing he could do about it, that it has already been signed by the Council and it is going to wherever it needs to go to be licensed . Mr. Vogt said he wasjlllit wondering how they can allow us to have one when they have a code situation that should apply to a close neighborhood like that Mayor Bums advised that the City Attorney has this laler on the agenda 10 speak to, but he asked City Attorney Brotzman if he wanted to speak to the issue _., Mr. Brotzman stated that if Council wanted to move that forward on the agenda he would be happy to addrca it. Council Member Hathaway suggested that Council move that forward at City Attorney Brotzman's n:ques1 . She noted that it is not published on the agenda because they were going to discuss it in Study Session. Mayor Burns advised that they didn't get to it in Study Session because they ran over. but City Attorney Brotzman said he would address the issue during the Council Meeting. City Attorney Brot7man stated that there is a request from Council Member Waggoner to fwthcr pursue this . Also. he said he has talked to Mr. Vogt about this. Mr. Brutzman explained that group homes arc somewhat unique . He noted we started 10 get into this about time years ago when we goc the first group home and went into an area and basically said this is single family and you can't 1111M in there . Mr. Brotzman stated that what they lcamed is ya they can because the Federal Fair Housing Act ~ our zoning in this area . He advised that we can tighten up our 7.0lling some. we can wort on housing and building code regulations. but he stated. in all honcsly. that will not Slop this group home . He said this is 1 true group home that the Federal Legislation puts in our 7.0lling and is one of the pn,blcms of the Federal Fair Housing Ad . City Attorney Brotzman commented that what they looked Ill. and tbougbt was real unique at the time. was this was I business in I single family setting. you can't do that. What they learned is that we arc noc real unique in our thinking and we have been beaten to the punch. becaUle OChcr cities have tried that and lost . He said they looked at single family housing R-1-A being our IIIOII rcstrictivc. housing should be separate and apan. and the answer was ocher cities have tried this and they lost. He noted that we can tighlen things up. there is romc new cue law, basically the pcadulum bad gone to protect group homes al any COSI . He said that now the pendulum is beginning to go back the ocher way . He Slated ii was allowing real estate developers to basically move apanmcnt comp1cxa into single • . 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' 7 •• • Englewood City Cooncil Junel, 1996 Pace 12 • t• • Vogt said that if they want to put them together they should build them all in one area and isolate it rather than dropping them here there and every other place . He said especially in that close of density . Mr. Brotzman stated that that is one of the issues that .lolling is going to be working with us on. to address those issues of what is the best way to conceptually follow that . Council Member Habenicht said that the queslion COIIICS to her mind. is it possible to wne an area for a group home within a community and take care of that situation . City Attorney Brotzman said that the next step is definitionally what is a group home. He said a group home really needs to be defined in our code as we arc dealing with a very old code and be thinks we can be a lot more careful on what is a group home and what isn 't. He said we have a very. very broad definition on what is a group home and it is probably too broad. It allows certain issues that we don't have to allow into single family wnes simply because of our definition. He stated that that is one thing that we do need to correct. Mr. Vogt asked if these people have alrady been gwen a license to move in? City Attorney Brotzman advillCd they have received 7.0Ring . He poinled out that certain people arc classified as group homes, certain people arcn 't and you have two. that received a rezoning that came up. that docs not come before Council . He noted that thoae arc not described as group homes definitionally and the people themselves said this is not a group home. these arc higher care facilities. Mr. Brotzman advised that his office and 7.0ning looked at these. and 7.0ning will continually go blldt to the people. to make sure its a group home. not a care facility . Mr. Vogt said be does not know what the difference would be there. Mr. Brotzman stated that the hard part is that even if you read the legislation you have to go beyond the legislation and start reading the case law . He said that is why they arc looking at some of these case by case and the next step is. we arc going to have to define these very. very tightly when we modify this again. Council Member Waggoner asked what has been approved on this so far? City Attorney Brotzman said that the one that Mr. Vogt is talking about did not have to get a 7.0ning appn,val. Mr. Waggoner stated then this one does not have anything that has been approved by the City so far . Mr. Brotzman said that it has been at a stall' level saying you arc a group home our 7.0ning can't prohibit you . Mayor Bums said then, in other words. it is not a situation where the City says we give you a license or raoniDg or whatever. He said it is simply a situation where it does not violate the law. City Attorney Brotzman said it is not a conditional use . Council Member Waggoner said then we haven't gwen them anything really . City Attorney Brotzman advised that we have told them that we can't prohibit you from being there. Council Member Hathaway asked if there is any way to construct this particular section of the 7.0ning code. taking into account the case law . To make it similar to what we arc trying to do with the PUD process. where there has to be a required hearing of the neighbors of the FIIC"8I vicinity. City Attorney Brotzman said no. Ms. Hathaway said then there is not a way that you can do that legally . Mr. Brotzman pointed out that that is the exact thing that has to be prohibited. He said they should remember that this one is based on discrimination and what you arc talking about is handicapped individuals. That the description of what is handicapped is very. very diff'ICUII because what they have taken is ADA language which does not have anything to do with this. He said they have Uled the l'C8Ulllble accommodation terms under ADA and a handicapped can basically be anything you can think of that can be a handicap. Mr. Brotzman commented that the impact of this federal legillation. when it throws out our 7.0Ring. is so amazing and it has been applied so broadly so far. saying that that is a handicap and your 7.0ning does DOI apply to it. He said what we can do is do very. very fine definitions lhnlugh the cuc law of what has (DOIIC before us saying that is a handicap, this i111 ·1. He advillCd that you can't make ltlllCIUral type illucs and that is what we will be looking at. He said that the problem in this cuc is even if we did all that to this house , the federal legislation is probably going to mandate that we allow a group home in that localion . Mr . Vogt commented that that is kind of like an unftanded mandate. Mr . Brotzman said right. Mr. Vogt said they tell somebody to do it and there is nothing you can do about it. Mayor Bums said that is right. Mr . Brotzman advised that this is going to be an on-going project that we arc going to keep woning on . I· • En&lewood City Council Juael, 1996 Pqell 0 • Mr. Vogt asked if this home is going 10 be allowed 10 take place. City Allomey Brolzman said wc can'I Slop it Council Member Waggoner asked if wc know for sure thal ii meels all lhe definition of a group home. Mr. Brolzman said Slaff is still working on thal because one goes in and ii begins as a group, bul thal doesn '1 mean thal can 'I change lo something else taler. Mr. Waggoner asked if you don 'I have IO approve ii if ii docs not meet lhe specific requirements of a group home, righl down lo lhe T . Mr. Brotzman said thal is right and advised lhat Slaff will get him a response on that issue. Mr. Vogt asked what is to be addressed about lhe proximity oflhe two differenl homes within a half block of each other? Mr. Brotzman said that righl not wc don't have anything that docs that Mr. Vogt pointed out thal this other home is only a half a block away from this one. Mr. Brotzman said right but we don't have anything prohibiting that. Mr. Vogt asked then ifthal can be addressed by lhe Council and adopled probably? Mayor Bums responded that all of these issue arc to be included in lhe review and raarch that lhe City Attorney is going to do with Slaff. Mr. Vogt said but lhe horse is out oflhe barn already it is IOo lale. Mayor Bums stated that wc have to live with lhe way lhe law and ordinances arc right now which is whal lhe City Allomcy is telling us. Council Member Waggoner said that is if they meet lhe all oflhe definitions. City Allomcy Brotzman and Mayor Bums concurred thal they still have lo meet the definitions. Mr. Vogt asked if lhat has happened . Mr. Vogt was advised by Council and the City Attorney thal thal is still on-going. Mr. Vogt asked when thal will be resolved . Manager Bob Simpson advised thal they have been taking a look at it and they believe lhe definition has been CSlablished. However, he noted that they will give it additional review and prepare a set of findings aboul what that information shows before ii comes 10 Council for their consideration. Mr. Vogt said thal his poinl ii lhat in the meantime they arc allowed to move in and start Ibis whole process going. Mayor Bums staled thal Ibey do not have an immediate answer for him, even though he wishes they did. Mr. Vogt asked if they thinks it is fair? ScvcraJ Council Members said no. Mr. Vogt asked whal is fair aboul this liberal govcmmenl in Washington. that that is lhe whole problem. Mayor Bums noted thal ii is not lhe administration in Washington. that ii is lhe Supreme Court . He said Council appreciates his problem and noted that Mr. Vogt had phone him and he llllked to his wife and left him a message and that Slaff is looking into ii. He IIIIClCI he -.Id like to have a more immcdiale answer and they do not think it is fair. He rcilcraleld that they jusl have IO lcl the City Allomcy and Slaff do their work and come back 10 Council lo sec what they can do aboul it. Mayor Bums said that they will keep Mr. Vogt informed. thal he is perfectly free to conununicale with us all along. Mr. Vogt said he appreciated that. Mayor Bums said they will try to help him if they can. (0 Owen Beaver, J 148 South York Street. he said he lives two houses down from this house. He staled thal this house has a basement with a spiral staircase and that is the only way oul of the basement He said if you arc lalking about a low egress window they-.lcl have 10 be put in before those people move in. He staled he has a real concern if they arc still mobile and you have a fire there or any kind of a problem how they arc going lo get oul until you get those low egress windows in. He advised 1ha1 lhe average low egress window is about $4,000 because he has already looked inlo for his own safely. Mr. Beaver said if 1his house is ready lo move in he docs not think it is. He said ii has plenty of bathrooms. He said he moved inlo this neighborhood lo get away from HUD telling him that they have IO tum this house in 10 help oul lhe poor. He staled he knows how the system works and now he has moved inlo a better neighborhood and 1he system is already thrown righl back in his face . Mr. Beaver stated he used 10 live in a neighborhood of S90,000 homes. HUD comes in and say wc arc going to buy that house and tum inlo lhe poor . Bui. he said 1hey didn '1 go over IO Monaco and buy up a Sl00,000 house because those neighbors "oold raise hell . He said 1ha1 he is a neighbor that is raising hell now, that he knows you can '1 stop lhe federal govemmenl, bul lhey stopped an assisted care living on Dartmouth and South University. He said zoning stopped it and then ii came righl down on his street and there is nothing that can be done about ii . Mr. Beaver said thal already the people arc moving in and out. they arc driving up and down the street. one kid can 'I decide on whal side of the street to park his car on. He said they ' •. • 0 1 J2xl • En&lewood City Council Juae3, 1996 ..... •, • • t ,, brought in four dogs and be asked what the aJdc for dogs is in the City of Englewood. Someone said two. Mr. Beaver lllid two and already they are viollling thal. He lllid the dogs a,me and go, they take a pee and they leave . He said be is saying thal this boUle Rally needs to be looked at, is it safe for SC\'Cn or eight people to be living in • a cx:rtain time. He llaled thal be li\'CS next to Porter Hospital and Porter Place and the Denver Fire Departmeal rolls in there six or eight times a month because of hair dryers being left on. smoke detectors going off or sbowc,s being tallcn to long. He lllid all of a sudden this is going to start rolling down right next to him. He SIIIICICI thal be was for the assisted care living right up on Dartmouth, thal be dicln 't want dial big ..., they wUled to build but be was willing IO say thal if they could a,me clown and not impllct the people IO the north because we need assisted care living. He lllid be is part of the baby boom and be is Fllinl aid • die IIF of 49. He said this is the biggest boUle in bis whole neighborhood and be just doaa 't ~ if they can pt all the stuff clone before the people -in then they will just have to live widt it. He aid llis only problem is that once this house is adjusted to assisted care living dial it cu -ID blct IO a privalc family. City Attorney Brotzman lllid it can ID back, but the practical affec:l after ii ...... .....--is probably less. Mr. Beaver said nm)'be there is not that much reengincering IO do, probllbly a ramp up in front. He said they do have a larBC slope, the ramp will probably have to go ow:r to the dmeway. He lllid it is still a pretty steep driveway and if you put your vehicle there it has to be in pr and you have to put your brake on. C-onscquently, be said, he does not know what that ramp is going to look lille once the City pts out there and says the ramp bas to flow south or north. He lllid thal is bis pniblem. once it is established and all the changes have been made, they will have to live with it . Mayor Bums said he understands thal basic aJdc compliance has to be done here. Mr. Brotzman <X>IICIIRed . Mr . Bums lllid the City is going to ·,or 1111111 of it . Mr. Beaver asked if this penon is willing to pay this kind of money? Council Member Hathaway said apparently so if they think they can do it. they bough& the house to begin with so they had to have a little bit of money . Mr . Beaver lllid be ~ thal but are they talking aboul two low egrea windows. one in the back and one in the front. Mayor Bums said thal they can·t __. thole questions here• this Council meeting. Mr. Beaver said be is just saying thal thal is what is being bnJugbt up, you are saying there is zoning and there is notbing we can do, and be said be is saying wail a miallc if you have to put in two windows. Mayor Bums IIOled dial bis points are perfa:tly valid and there must be aJdc c:ompliance with a facility lille this. Mr. Beaver asked if they will bear about this again clown the road from the gentleman in the audience. IClerlt's note : He was referring to Mana,cr Simpson . I Mayor Bums lllicl thal we have aJdc a,mpliance officers alto. City Attorney Brotzman lllid that is actually Building and Safely . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCEPT I (a) AND (II) FOR INFORMATIONAL PURPOSES ONLY. (a) Notification of the Planning and .zoning Commission's actions regarding a rezooing request in the 3000 block of South University Boulevard . (b) NotiflCllion of the Planning and .zoning Commission 's actions regarding an aaisled living facility planned development in Hampden Hills. Voureailts: Ayes : Nays : Absent : Motion carried. Council Memben Hathaway, Wiggins. Habenicht. Waggoner, Clapp, Bums None Council Member Vormittag . ' .. • • 0 f 32 x l ---------------------------.,---------------..... ,----------------, • Englewood City Council Junel, 1996 Paaet5 9. l'llblic Heari•c (, No public hearing was scheduled before Council . 10. c-tApda • • COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (l) ud (ii) ON FIRST READING. (a) Approve on First Reading (i) CONTRACT WITH MARTIN AND WOOD FOR AN ENGINEERING ANALYSIS OF ENGLEWOOD'S WATER SUPPLIES AND DEMAND IN TI-IE AMOUNT OF $3S ,OOO . (ii) COUNCIL BILL NO. 30 , INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL LICENSE AGREEMENT BETWEEN TI-IE ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS AND 1llE CITY OF ENGLEWOOD, COLORADO PERTAINING TO ARAPAHOE COUNTY CROSSING CITY DITCH WITH FIBER OPTIC CABLE IN CONDUIT . Vateraahl: Ayes : Nays : Abscnl : Motion carried. Council Members Hathaway, Wiggins. Habenicbt, Waggoacr, Clapp, Bums None Council Member Vormiuag COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS It (It) (l) u4II (H) ON SECOND READING. (b) Approve on Second Reading (i) ORDINANCE NO . 24 , SERIES OF 1996 (COUNCIL BILL NO. 19, INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE REPEALING TITLE 16. CHAPTER 4. SECTION IS. ENTin.ED PLANNED DEVELOPMENT DISTRICT OF TI-IE ENGLEWOOD MUNICIPAL CODE 191S AND ENACTING A NEW Tl11.E 16, CHAPTER 4. SECTION IS , ENTITLED PLANNED UNIT DEVELOPMENT ZONE DISTRICT. (ii) ORDINANCE NO. 2S , SERIES OF 1996 (COUNCIL BILL NO . 21, INTRODUCED BY COUNCIL MEMBER CLAPP) AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM OF CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR A PERIOD OF SIX MONTHS . .... . , .. • 0 '32 x l ------------------------------···--------------~----------------~.---- • Englewood City Cooncil June 3, 1996 Page 16 Vote raults: Ayes: Nays: Abslain : Absent : Motion carried. 0 I • • Council Members Hathaway, Wiggins, Waggoner. Clapp, Bums None Council Member Habenicht Council Member Vonnittag 11. Onliauca, Raolutiou ud Motioll1 (a) Approve on First Reading (i) Mayor Bums stated, as Chairman of the Englewood Housing Authorily, that he would abstain from any discussion or voting on Agenda Item 11 (a)(i). He asked that Mayor Pro Tem Habenicht take over during this discussion. Executive Director Malinowski presented a recommendation from the Englewood Housing Authorily to appnl\'C, by motion, an extension of lhc: Option Agreement for lhc: Sherman Street properties, 3400, 34 JO, 3420, 3424 and 3428 South Sherman Street . He explained that their extension agreement with lhc: Cily expires today . He said they would like to reqUCSI an extension of the extension agreement to allow some additional time to get some more neighborhood input. Mr. Malinowski stated that they had one meeting a oouple of weeks ago and they would like to do a follow-up. He noted that they have not even decided among the Housing Authority exactly what usage they want to do. They are collecting resident input and will meet with the same group in about two months. He explained that this woold allow some additional time to put a qualily development plan together. Council Member Hathaway asked if he was going to plan on having another meeting? She noted comments from the people particularly of Orchard Place _._ that they had \'CfY short notice on the one on May I~. She said some wanted to attend but had prior alllllllitmcnb e.g . neighborhood waldl . Mr. Mali-*i said that they gave a two Melt notioe . Ms . Hadl8way noled that it was polled only a week bdoR in the building itself. She said there was a RlqUCll for IIIIOthcr mec1ing ud tbcrc _._ -odler people from Grant Street thal made thal requesl. Mr. Mali-*i said yes that i5 what they told the folks and that is why they would like to M''C the extension to do anolher follow up meeting . Ms . Hadla,ny said she is not talking about a follow-up meeting but a meeting thal would be similar to the IMl:ling they had OIi May 16• that asked for input to begin with. not a follow up meeting after you gel drawings . Mr. Malinowski said if they can have a long enough extension. Ms. Hathaway said that if it is possible , there were just some people that expressed a,nccm that they couldn 't make it to the 16 .... CGuncil Member Wiggins said that if it is imponant enough to them they will make it to gel theR. He said he docsn 't ge1 too excited about people that say they have a Melt 's notice and they decide they don 'I want to come bccaUfe they M"C prior commitments. Ci1y Manqcr Clarl asked about the length of the extension. Council Member Hathaway said she thought ii "'IS November 6 .... Mr. Malinowski said November 6•, IO a similar duration extension. Mr. Clark asked if ii "'IS six months the first time. Mr. Malinowski said yes . Council Member Hathaway said that would be into December and she asked if that would be a problem. Mr. Mali-*i said he would be back November 6th. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO APPROVE AN EXTENSION OF TH[ omoN AGREEMENT FOR PURCHASE OF UN, Utt, 3'29, uu AND 3'21 SOUTH SHERMAN STREET FOR A PERIOD OF SIX MONTHS FROM THE ORIGINAL DATE OF THE IND OF THI omoN. Ayes: Council Members Hathaway. Wiggins. Habenicht. Waggoner. Clapp ...... I • 0 • En&lewood City Council Juael, 1996 Pase 17 Nays : Abstain : Absent: Motion carried. ,. None MayorBurns • • Council Member Vorminag • •••• (Clerk's note : Council Member Vonniuag returned to the meeting al 9 :03 p.m.j ••••• (ii) Recreation Services Manager Mickelson pRSCllled a rccommendation from the Department of Parks and Rccrealion 10 approve, by motion, a professional services a,nlJ'acl for a Recrealion Facilities Feasibility Sludy. She staled Iha! the department recommends awarding the professional services conlracl 10 BBC Research and Consulting. Ms. Mickelson said Iha! Ibis will hopefully provide the City wilh a basis for a mas1er planning process for Ol!J" facilities and for programs for people in the community . Council Member Habenicht said Iha! one thing Iha! conccms her is Iha! there does not seem to be an)thing included about a nature area in the feasibility Sludy . She IISkcd if a nature area such as the one at Belleview Park can be included . She said a number cl neighbors in the area are inleresled in seeing ii preserved and she feels lhal including ii in the Sludy can help firm up the concerns of Iha! neighborhood. Ms. Mickelson advised Iha! she does not believe there is any coosidenlioa • this poinl cl dislurbing lhal nalural area. As pan cl the feasibility Sludy in conneaioD wilh the farm. for illSlaDce as an outdoor interpretive center in addilioa to being a farm. wbich Clllllld enhuce lhal aia, ii Clllllld be CllllllideRd. SIie said they ~ DO designs OD replacing any killd cl Dlllllal aia, lhal is why ii is DOI included in lhe lludy. 11le facililies spccifically dia::uacd in the lludy, she said. ue -cl lhe ll8bft cl f'acililics dull ue in a SlalC cl diuqlair or there is ao loo,er -. or they 1ft impeding a llCigllborbood. Ms. Midlclam aid il does DOI w lhal lhiop DOI lilled in the lhldy do nal ~ lhe -impac1aace . Council Member Habenichl asked for clariflC8lion whether they ue lalking aboul pultiag a Wala' Iheme park in Iha! nature area . Ms. Mickelson said the feasibility Sludy is wide open. bul she can DOI imagine putting in a wa&er Iheme park in Iha! area . because ii makes DO sense from the Slalldpoilll cl pnp•l#ion impact and parking. Council Member Wiggins said whal he thinks they an: FUiag 81 is, with South SubwtJao and lhe City looking lo buy Home Lumber, Iha! would be the most obvious localion IO put some waler Iheme if they relocate Sinclair Pool. He uked if Iha! would be a pouibility . Ms. Mickelson responded Iha! there an: a lol cl pouibililies. Centennial, for imaaoce . 11le reason for doing the feasibility is to ddermine whal is apprupriale financially and propallUl!llica. Council Member Waggoner said 81 one lime there -a m8llO plan floating around for Iha! whole back area of Belleview Park . He asked iflhal-included in -way. He rcallcd lhal ii included lhe extension of the uain. Ms. Mickelson said it is Slill oa Ille IIOlnt and will be pan cl Ille illformalioa lhal the people doing lhe study will be provided with . She said ii is very neceaary lhal Ille wbole parts planning process and =realion planning process be IOlally IOp:lhcr in Ibis killd cl a litualioo. Parks and Recreation Director Black ll8led Iha! the plan -~ ror-uy lllapled. .. .. • -. -J~·.~; r1, , • En&kwood City Council Juael, 1996 Pqe18 • • • ... Mr. Waggoner said that he noticed the in-line skating and skateboard park complex and recalled that it had been part of that plan. Ms . Mickelson said the skateboard complex was included because it was on the five year capital plan from the Parts Dcparuncnt and also from the Recreation Dcpanmcnt when they were separate and it made no sense to have two of them. Council Member Waggoner said we don't want to get crosswise with some extension of the train if we arc trying to plan a location. Council Member Hathaway noted that $30,000 of the funding comes from the Malley Center Trust Fund, which has already been run through the Trust Fund Board a few months ago. She said the Board wbolcheaJ1cdly approves, in fact it was the Malley expansion that drove this to its conclusion tonight in that they started looking a few years ago at what they should do with the land that they got in expansion with Malley and rcaliz.cd that the needs were actually system-wide. Ms. Hathaway said she is glad we arc finally doing this on a comprehensive basis. Council Member Waggoner said. in conjunction with that, when Lincoln Avenue was COIIIUUClcd. part of it was wide and part of it was nanow . The purpose was to provide some type of campus effect in that area. with a tum around on Lincoln. He asked Ms . Mickelson if she will give them a copy of that previous proposal. Ms . Mickelson agreed that the previous information is important to the whole thought process . Council Member Habenicht said that at some earlier point in time in the City we have looked at the feasibility of doing some son ora nature center, the Duncan Nature Center, for example. She asked if this study includes that, and even perhaps looking at the Duncan property. She said she understands the school distrid is willing to wort with the City in terms of utilizing that property possibility as a building for gardens. She asked if it is part of the study . Ms. Mickelson rcspoodcd that is has always bcco her fccling and the fccling of several citil".CIIS that she has spoken with that she hates to sec two months a year facilities, which. she feels. almost seems like a waste of money . She advised 1ba1 if they an: looking at something for the farm. ii is an absolute natural 10 do a year around nature intcrpn:tivc CCDler. She opined thal if. in fact. we wen! to something like this. and if the property allowed that on the west cod of Belleview, thea cvcrything would fil together very nicely, but. WC will have 10 sec what the study brings. She said it is the dircdion they an: looking as far as the farm, instead of doing something thal is jusl few two months. Council Member Habenicht asked iflhe study is going to look 11 some other funding sources. such as the SCFD for the scientific ponion. Ms. Mickelson responded that, for youth and senior programming, and, to a certain extent, outdoor types oflhings, there arc grants and private donations. Council Member Hathaway asked if the study is going to address park usage as well . Ms. Mickelson said it will not address park usages. per sc, but all the park lands will be looked at by the coosulting company in terms of their existing usages and how that fits with future needs. It is not the intention, she said, too look at all park usages. but rather to look at the various facilities and how everything fits IOFlhcr- Council Member Vormittag asked if they arc going to get any public input. Ms . Mickelson rcspoodcd affirmatively. Mr. Vormittag asked how often they will meet with them. She said probably a maximum of every two weeks. and possibly more as it gets closer to the final . She advised that they an: looking at a number of citi7.Cn commillccs and special user groups . She said she recruited some kids at a skale board park to serve on a committee. and the Malley Advisory Committee and Trust Fund Committee arc in place. Mr. Vormittag asked if Council can request updates as it goes along. Ms . Mickelsoo rapondcd affirmatively. COUNCIL MEMaER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTHOIUD A CONTRACT aElWEEN THE CITY or ENGLEWOOD AND aac RESEARCH AND .. • • . . Enclewood City Council Juae3, 1996 Pqe19 CONSULTING FOR A RECREATION FACILITIES FEASIBILITY STUDY IN THE AMOUNT OF S96,7!!0. Ayes : Council Members Hathaway, Vonninag. Wiggins. Habenicbl Waggoner, Clapp, Bums Nays: None Motion carried. (b) There were no addilional ilems for approval on ICCOlld reading. (See Agenda Item IO - Consent Agenda.) 12 . (a) Mayor's Choice I. Mayor Bums reminded those praent of the two more public forums coming up on Ciadcrclla City. He said the next one is at 8 :00 a.m. on lbursday at the Malley Scoior Rccrcation Cenler. He said he hopes that there will be business people and iCOiors in aucodaoce . The last f0111111, he said. will be on June 12 , 1996 at Sinclair Middle School at 7 :00 p.m. He cncouragcd everyone to attend and as.silt with the planning process . (b) Council Members' Choice (i) Council Member Hathaway spoke about the Habitat for Humanity project, a house being built by women on Hillside A\'fflUC in Englewood. She said it is garnering us a loc of good publicity. and cocouragcd women to volunleer for the project, C\'CII if it is only a CIOUplc of hours of swinging nails. She commcotcd that it is an interclting and fun cxpa ic:llcc. Ms. Hathaway explained that when you do a Habitat for Humanity boulle, the owner 1111111 put in al least 500 hours ofMSM:111 equity" to qualify for her loan. and will. thcrd'OR. learn her --.._ die ground up . ••••• Mayor Bums intajcctcd that there will be another South Broadway mcding on Wcdnclday . June S, 1996 from 6 :00 p.m. to 8 :00 p .m . at Cbcrrclyn Elcmcntary School . Ms . Hathaway said she undcrltands that the Neighborhood Watch block captains ' meeting on June 6 , 1996 at the Malley Center at 7 :00 p.m. is also repnling the South Broadway c:onidor. (ii) Council Member Vorminag said many pCIOl'lc told him they an: 11111 happy with the meetings held at the high school and St. Louis Chwdi repnling Cinderella City rcdc\.clopment. He said they gol the impression that the rcdc\'Clopmcnl will be dollc; .__., the builder MDII to do it. He said he told them that the City Council will have the final say . Mayor Bums said he doesn 't know how dse to get it across. they had them sitting there working on the plan itself. He said he was glad Mr. Vormittag brought the information back because they need to Remphasiz:e at the meetings that their input is valuable . Mr. Vormittag said he basically was told the City -l')ing to build whatner they please over lhcrc, anyway, including a bowling alley. which he said he has hcanl nothing about. • . .. • I • • • .. ... En&tewood City Council Jue3,1996 Pame20 Council Member Clapp 511ggcsled limiting Skip Miller's presentation to 1en minutes, as his archilect seems to moaopolizc the fint part of the meetings. She thought diminating the slide presentation might help. Mayor Bums said he thinks Council needs to a,mmunic:alc more with Clarion and Associalcs. Council Member Hathaway said it might be easier if the slides were on po5lerS around the room . She agreed tbll the more you show slides, the 11101C it seems to the public to be cast in s&onc. (iii) Council Member Wiggins I. He asked City Manager Cwt to ICC if Englewood's signal lights are QOOrdinalcd with Liltlelon and Deaver OIi South Broadway. He said he bas notiad in n,ccnt weeks tbll they don't sccm to be. 2. Mr. Wiggins commented on a memorandum received from City Manager Clar\ on May 30, 1996 regarding the VClbatims of City Council minutes. He said at the boaom of the memo Mr. ClaJts as which buqct to charge the costs to. City Manager Cwt said they can go to the Finance buqct. City Ciak, City Mauger, or City Couacil. Mr. Wiggim lillgesled the Council's buqct. sinoc they are Council's ftlCIUCIIS . Responding to C.ouacil Member Hathaway, he clarified that this would be from now on . Mayor Bums said we have a Study Session qenda ilem they didn't IC( to on \'Clbltim ftlCIUCIIS . City Manager Cwt said he was going to oover it under City Manager's Choice as well as the apea IIIICII space. 3. Council Member Wiggins poillkd OUl an article in the Rocky Mountain News oa May~ describing an Englewood feslft'&I bonoring pionClcr Jim Baller. He aid this is acl8ally in W«*miMn. (iv) Council Member Vmmittag said he bad aa additional ilem to dilcaa. He advised that the sip at the Broadway IIIUlbbound exit olf of wesdlound Hampden CIOlllains a eiapdliag of the word Mactivale.~ Council Member Hadlaway said the word is muaic. Mr. Vormittag llid whichc\oa. that it is spelled wrong . M Council Member Clapp poillled OUl lhll the addlal Oil a previous Couci1 request is incon'CCl. She said she wanlcd a ligbl CIOlllidaed • 4'°8 South Sherman, IIOl 3'°8. (vi) Council Member w...,... asked dial the P1IIIP IIOlnc ilalC be reaolw,d vay quickly. He feds we:._.. answers to what we: lla\'C to do to led• them c:loldy, and for appn,val, and what we: have to do to dirmurage them. (vii) Council Member Habeaidll I . She tbaaked Council and the City for killd e..,.__ of~ • the ic. of lier aadler. 2. She aid lhll. sinoc she lives III c:1as to Cla)'toa Sdlool. priacipal Frm Hamaond 1ea1 lier a note llaling tbll they have talked to Chris KOllla aad Bab Slept i I LW lboul dcaaiJI& up -pa8ki W the IChool . He said they have been \'Cl)' a,apenliYc wida -aad the ICICIJlld plldc daa 1rill be cloiag 10111C deaa up . She shared lclters f,-ICICIJlld paden ia Mill <Mnwf's daa. SIie aaed 11111 dley be • < .. • 0 • En&iewood City Coullcil June 3, 1996 Pa&e21 • • - kq,t in the City Manager's olfacc for about a week 111> CaunciJ will have time to !Cid them. She said they -very lhougbtful letters. 3. Ms. Habenicht staled that a citiz.cn c:ommcntcd to her that on the southeast comer of Navajo and Oxford whcrc the City bas the green post falCIC OYCl" the anractivc wall for that iotersection. one of the privale a,mpanics ~ bas an advertising banner hanging OYCl" lhat green railing. She thought that might not be appropriale and wanted to call it to the ll1CDtion of C4dc Enfon:emcnt. 13 . City Muaier'1 lleport (a) City Manager Clark asked Managcr of Community Services Blumcnlhal and Chief Building Official Mike Stitt to make a prcsealation ieprding Englewood Municipal C4dc Scc:tioo IS~ as it pertains to 2870 South AaKna Street. He said lhat last week, after follow up i!llp"dioos at this addras, it -dcciclcd to UI\QIC the aforesaid .:tioa and clecllrc die pnipeny • IU5allOC and uninhabitable. Mr. Clark said bc ,ws advised by City Attorney Brotzman that, al least in modem history, this section of the C4dc bas been used relatively sparingly and is a very tlCYCle action thal should be used with good diligence . He cited the stacwidc and national aamtion dial this property has drawn. Manager of Community Services Blumcothal iotroduc:ed the acw Chief Building Official, Mic:bacl Stitt. Mr. Blumcnthal staled that be would be showing a tMDty to thiny minule video tape and pbotognpbs of the house. To preface, be advised that on March 20, 1996, officials of the Building Dcpanmcnt went to the Horton house and asked to go in to do an iospcction. but were: rdused Clllly. He said thal Mr. Horton said they would need to obtain a search wammt, which process the City irnmcdiatdy began. In the mean time, an eighteen month old baby was murdered ~. which, Mr. Blumenthal said, provided IIIJfflC pic:turcs of the interior of the house. helping the case as far as being able 10 get a search warrant. On May 21 • llitafr was able to make cntJy into the boulc, bul the illlCnt, be said, was not to clolc the house al that time prior to going in. Tbiny minutes into the iospcction. however. there was no way they could possibly Id anyone live in the house . Al that point, members of the audience were: invited to -for-.1 to view the video 1U1C1C the screen was111>small . Mr. Blumenthal explained the video slide show of said property, cxpoo•nding on each picture and the violations found on the property. Among many other things, be pointed out that vinually every wall bad holes, and the SlruCtuR contained numerous cracb. The fumacc vent shown was about half full of dmris and the ndor was 111> bad in the house that fans were: neccsary to ciradalle the air. Mr. Blumcnthal said be bad to take scvcral breaks while filming. He idatcd that every door in the house bad been bnJlien through and all door jams were split. In the kilCbcn. three dead RIOUIC ~ were: found . The ceiling in the living room had dropped clown a full three inches where a wall bad been n:nKMd, and ~ were scvcral -.s iodicaling leaks in the roof. Cooncil Member Habcnichl asked the a,cs oftbe children in this wnily. Mr. Blwncnthal said they ranged in age from sixlecn or eighteen 10 about nine . Mr. Blumcnthal pointed out that the Horton's did clcao up the house after IIDcial scrvica WCIII thruugb, 111> Cooncil was viewing it in its -clean" stage. He said of particular importance is the bot water heaa, which sets at an angle IO the nu. due to a slant in the floor . TbcR was not way of turning the water heaa off without tools . • Endewood City Council Junel, 1996 ··~22 • • Mr. Stitt said the main thing they worried about was the -1ting caJbon monoxide, since the vent was off at an angle, leaving a gap between the openings. He opined thal thcrc would have been a loc more people injured in the house from the carbon monoxide if thcrc bad not been so many broken windows. Mr. Blumenthal advised thal one of the main reasons llafffcll it advisable to shut the house down was because the old and new sections of the 5lJUclWc wm: llalting to part. What immedialdy caused the shut down, he said. was the clectrical wiring Iha& pulled out about four inches from the trim board, which oould have QOlllC off at any time due to dead bee limbs and thinp from the back yard that wm: laying up on top of those wires. Mr. Blumenthal c:ommendcd the Dcpanment of Safety Services, especially Sam Watson, for what he described as an incredible job of talking with the family. c.ouncil Member Waggoner said one of the oomments in the newspaper asked why it look us so long. Mr. Blumenthal said in 1982 the City gave them a notice of violation and lhey cleaned ii up good enough to gel by. In 198S, the same thing oa:um:d. he said. and in 19118 the Housing Authority loaned them about S27 ,000 to renavalc and add on the two bedrooms and the balhrooms. The -would not let anyone back into the house after 1989 and Mr. BIIIIIIClllhal said ii has been a llnagglc since then . Mr. Wagoner said then for the Int clcvcn years wc 'vc been giving them notice. they would won on it a little bit. and then wc would give them noticic again. Mr. Blumenthal said he thinks the City did everything they possibly oould to help them gel ii done. He advised that thcrc UC two organmtions. the Habilal for Humanity and a chun:b in Arvada that uc asking to a,mc in and rmovalC it and take care of everything so the Hor1ons can gel back in . He said staff is asking them to go talk to the neighbors or al least rcscan:h it before they l1al1 doing -.:thing like that. Mr. BIIIIIIClllhal advised thal the City put a fence around the property Int Friday, and they have sixty days now to rq,on back with how they want to lake care of it. He said the IICXI sixty days will ddcnnine the cliRClioD for ~'thing. Mr. Stitt said they did IIIJl go into tllc house jlllt to .. it ......... ralla to do .. aclllal iNpCClion because of wbal tbc police dcpartmclll bad told lllcm. He said C*IC lllcy -tllc ooadiliNI, lheR was DO way the)• oould actually walk OUI of that place ud fed pJDd abclllt ayiag tbc houlc loab livlblc. He felt it was time to do -.:thing a little more serious. (b) City Manager Clart went back to tbc subject of\'ffllalim uanscripts ud tbc note he put in the Sludy Session packets in rcspoue to c.ouncil Member Wiggins question Int week. He llatcd that he spoke to City Clcrt Ellis about tbc ddail thal goes into c.ouncil minutes, our will~ to provide a tape recording and our willingness to go ahead and do a vabatim. Bccausc oftbc time iDYOlwd in doing the vabatims. he said. ii may be necessary to send some of those out to a transcription avicc. He added that there is a rcquircmcnl that 1he City Clcrt c:omplelc the minUICS by the 1bundly before the Council meeting. The COIi is cunmtly being absolbcd in house, bul if ii is nccessa,y to scnd the wort out. he said he would like suggestions on where to charge it. Mayor Bums said that in some cilics the oouncil VOies on whether they should produce \/Clbllims, if they gel very lengthy. He fell lhat Council should have some guidelines prcscntcd to them thal other cities migbl USC . Council Member Habcnichl asked for a listing of the number and frequency of VClbatinas thal have been asked for 0\/CI' the Int two years . City Clcrt Ellis responded that there rally haven't been My, to apcak of, until this year . She said she would be glad 10 look ii up . .... • . I· ------~------------------------~---------..,....--------~~ • Eaglewood City Council J•ael, 1996 Pqe2J • • Mayor Bums commented that a tremendous number of hours have gone into this and we need to look at some guiclclincs and make some decisions. (c) City Manager Clark advised that be receiwd a oommunication from Gonloo Milliken with a 1ask force that has been in Arapahoe County looking at open space and green space. Essentially, be said, the task force is looking at encouraging the County Board to put on the balloe this fall a sales tax proposition of somewhere around a quaner peroent. It would go into a fund for the purpose of acquiring open space and grccn space throughout the County. He said in talking it owcr with staff, we ICC IIOIIIC limited value to Englewood in this. He said the only positive spin be might put on this is for Englewood to suppon a proposition that would only be IC\'icd in the unincorporated put of the County where people in those areas, who derive more of a dim:t bcadit, would be subject to taxation. He exprcsmS OODCen1 that another quar1er pcn:ent would put US at a a,mpetitivc: disadvantqe with IIOIIIC of the surrounding jurisdictions. Mr. Clark said the group IICICIIIS to be anxious to bring this to a oooclusion so they can p:t ancdliag OIi the NoYember ballot. Mayor Bums said be also receiwd a call from Mr. Milliken and be had reminded him that Englewood is a land lodlcd city and the rccq,tion probably would not be very positive: on this right now . Council Member K.'lbcnichl said that she feds we should a,ntinue to oppose the sales tax and opined that if this is goiag to go on the ballot. we should make sure that some equity comes back to the municipalities. If there isn 't an opponunity for open space acquisition, a certain pcn:entagc based on the amount of sales tax that goes into this, or the population, should bring that funding back for some other use . She stRSSed that we should resist it, totally . but if there is a potential of it happening, we should make sure that we are oovercd . Mayor Bums agreed. City Manager Clark said that seeking assurances that IIOIIIC of the money will come back to us would be a good idea for trying to fmd a positive: in our resistance to it. Also, be said we QOUJd won with our local ddeption to give South Subul1lan or Anpahne County the llatutoly aulhority to p:t a sales tax just in those jurisdictions. He said in that 11-ay we don't have to say no , but a,me up with 110111C ahcrnaliYCs designed to be sure the impadcd aras of the aJUDty are the aras that pay the tax. Council Member Habenicbl said the equity is extremely important and she can't ICC us anidizing what we can 't bcadit from. Mayor Bums felt it would otherwise be inconsistent with last years stance on a similar tax. Council Member Wiggins pointed out that the County Commissioners have the only say owcr the use of the funds . (d) City Manager Clark suggested that the Executive Session be held right there in Council Chambers. since his topic would be brief. COUNCIL MEMBER CLAPP MOVED, AND IT WAS SECONDED, TO GO INTO EXt:ClJTIVE SESSION IMMEDIATELY FOLLOWING THE REGULAR MEETING TO DISCUSS A REAL ESTATE MATTER AND A PERSONNEL MATTER. Motion carried. A)'c:5 : Council Manbers Hathaway, Vormiuag. Wiggins, Habenicbl, Wagoaer,Clapp.Burns Nays : None IClert 's note : This appeared as Agenda Item IJ (b) on the Atcada -1 • .. • Ea&9ewooc1 City C111111eil JuaeJ, 1996 Pqe2' 14. C"lly Atteraey•, ....... • • City Auorncy Brotzman did IIO( ba\'C any 1111111Crs 10 bring ~ Council. 15. MjNnaea, , COUNCll. MEMBER BATBAWAV MOVED TO ADJOURN. TIie mediag -..,.._. at 10: 10 p.m. .. • I •r--------------~-------~-~---. 1. 2. 3. 4. . ,~ ·, - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 3, 1996 Call to order. '7: 'f& ~ Invocation. I)} U{Tf ~ 7:30P.M. Pledge of Allegiance. ~ RollCall . 7~ 5 . Minutes. /UJpd ~-0-/ a. Minutes from the Regular City Council Meeting of May 20, 1996.~ V r 1 c 1':1>St1r11J : HABt.AJ rutj · · -·-[) 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.I a. Community Emergency Response Team (CERT) Volunteers will be honored for their service to the City of Englewood. <cou ,;Vt..h.eMBe.L UORN'itm0 L tJ-r MEE-i/1.)6 1/-r '7:5f ~1 /.:: b. Englewood citizen Tonda L. Gatewood will 6e present to address City Council regarding a zoning issue. 7 . ~~jj~i1J91ifrs. (Plear. ff~..Y1"'H~ntation to five minutes.) I>-. .::TOltµ r; 111Ai.i..uJOO O t . :Iofl"t}' V bli'fJ C . HltUUJ Ctu.,IIA A . OWEV 8E..A-V€.R__ 8. Communications, Proclamatidhs, and Appointments. · . v.nnA ~-o -1 . ~,1.il~,L:~ trll~,d" tf~;-~itJL~~ .,,,.----t ,ttJ.Wr •. ;'Olficf~~ion of thePtamil.u and Zoning Conffli;iion's actions ~-d~ • ~ I • rezoning request in the 3000 block of South University loulev•d. This item is for informational purposes only. b. Notification of the Planning and Zoning Commission's actions regarding an assisted living facility planned development in Hampden Hills. This item is for informational purposes only. l'twe lllllr. If you haw a llllllllly wl ...a...._,_.•---. ..... ...., .. Cllyel I -w•c,u.MIS)at ...... ._, 111 adv-=e °' .._ _._ _ ............ ,... . . ...... .. l • City Council~ June 3, 1996 ,.2 9. Public Hearing. (None scheduled) ff • • • 10. Consent Agenda. . . ~d ~-0 -!f+d..ili:.llmM, ~ ~ ~11 ,/at)._ /0 ~// 't IP£µ{: l(){lm1rrlfr;-°FAJ,prove on First !&Mi~~ ........ i . Recommendation from the Utilities Department to approve, by motion, an Engineering Analysis of Englewood's Water Supplies and Demand. Staff recommends awarding this contract to Martin and Wood in the amount of $35,000. STAFF SOURCE: 8tiew8l1 Fonda. Dnctar of UdlliN. ii. Recommendation from the Utilities Department to adopt a bill for an ordinance approving a License Agreement with Arapahoe County for crossing the City Ditch to install fiber optic cable in conduit. STAFF SOURCE: Stewart Fonda. DINctor of UdldN. ii. Council Bill No. 28, establishing a temporary suspension or moratorium of cenain miscellaneous business licenses for a period of six months. 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. ~ i . Recommendation from the Englewood Housing Authority to approve, by lilu;rJ '5-0-/ -I motion, an extension of the Option Agreement for the Sherman Street 7 · "(lr·B':fAIJ): Rtlt.Ai::.\pror,enies (3400, 3410, 3420, 3424, and 3428 South Sherman Street). ltf;5-UJ t: /)()~/ n,/,)STAFF SOURCE: ~llllnowlkl, Eaecudve Dnclar of the Englewood (; ~ Authority. c_lo flll.lf..A#Ut!.fi?... l)o u ,rrAc, l?irt.U1J&P to Er~ Ar 't-l)~~ ii . Recommendation from the Oepartnient of Paru'anci-~Ntion to approve, by motion, a professional servica contract for a Aecr9ation Facilities Feasibility Study. Staff recommends aw•ding the contract to BBC Research and Consulting in the amount of t98, 760. STAFF SOURCES: JerNl llecll. DINctor of fwtl.a ~ A~·· and LuAnne Miclielaon . RecrNlion ............ ,7-1/ b . Approve on Second Reading. ff Plwe notr. If you uw. • 111111111¥ wl .... ...., ... •---. ,.._ .afr .. Clly al EU.-1 wl O'U-MIS)al ..... 41 hours III allwa.ce of..._ ...... ...._ n..11 ,-. • • . ... • , City Council Apnda ·-3, 1'96 , .. 3 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report. • • • '· a. Presentation on Englewood Municipal Code Section 15-8-8 at 2870 South Acoma Street. STAFF SOUIICIS: .Im_.._., Ma111n of Cofflmunlty ServlcN and .... Ntt. Chlaf ...... Oftlalal. Off'?-{) b. Recommendation to go into Exec:utive Session immediately following the regul• City Council fflNting to discuss a ru1 ---~·~ ,f ~A.JI!£.. •1r11"E.(. 14. City Attorney's Report. Adjournment. /D: /0 ~ The follo~ were transmitted to Council from 05/17 /96-05/30/98: • Englewood Planning and Zoning Commission meeting of April 18, 1998 • Englewood Firefighters Pension Board meeting of January 11, 1918 • Englewood Police Pension Board meeting of January 11, 1998 • Englewood Election Commission fflNting of May 18, 1998 Plwe nolr. ff you hawa......,_.Wll-.,.W.•---.-....., .. Cllyell d ... ODMll)III ....... hounlllilllvaceol ....................... ,... .• . . .. .... . , . • . .. • ; , - - . ., • • • . ' I INTRODUCTION Following certain emergency situations. parts of the community may be on their own for a period of time because of the si7.e of the area affected. lost communications. and unpassable roads. CERT training is designed to I.NepaiC the community for such an event. Because emergency services personnel will not be able to help ewryone immediately. trained CERT volunteers can make a ditference by using their training to save lives and protect property without becoming victims themselves. In September. 1995, Englewood's Department of Safety Services launched its first Community Emergency Response Team training course. The tint team members to be trained were eigltt individuals from the City's waste water treatment plant. They served as "guinnea pigs" and really helped get the bugs out of the program before it was offered to the public. Since that first trial run., 45 Enalewood High School A VS students and their teachers, SO Englewood citizens. and the safety teams at Windsor Industries and Wilkerson Corponlion hfle receMd or are receiving CERT training. Tonight. we would like to ofl'er our appreciation and acknowledge the efforts of the Wasae Wm:r Treanna,t Plant w.ployees 111d the Englewood citmns wbo completed sewn weeks of llaiuiac in ordCI' to help aD of• in the ewat of a disaster or ocher emeagency situlbOII. Those individuals are: •l . ' ~ ~-. ' ...... • . .. ,_ ' . . . 0 • . • <. ... •, Phil Russell ~ Bobbi Vormittq ~ Bob Dallllilll Duglas Gnllam ~ Gayle Ogden ~ Vadde DauiDc ............. ~aaRobimon Rieb Burtoll Billie Miller "-a Dorodly Leaea 'Austin Goaaes 'JeuiferVmrick David Loacll "Slleila Gomes "'Brook Llljaa Kelly Ellhlpla ~ Marilyn Breaeap11 """ Marissa Dymek ~ Mitch Offidt '--James Dymek ... Claris Heelis "" Anthony Dyaek -.....Marjie Moore "" Dee Harris Larry Bi&bY "' Beverly W11ite " Anne Pbillips ~Vera Moma ' Sylvia Kubilus """TamiMoaday " \ JoAnne Wlmaker TocldMHday -.........MaryT....a "'Aadra Ra~ ~ Jackie Garcia TresaSlwNlw• ~ R8lie Merell ' O..UShsNM'I "" ~Peadlo Dia:"Jtwff Toa Merelli '.. Kristi Harllel' "' 8i8ie Slartrer Mary Dewitt ............. GaryK..-c:ek Ira Weir ~ RllyMonM Nonu Weir ~CarolM ..... Kyle Doyia& ~---SprirnHe KanuYorlrer ~Kadi Kelller Scott Yorker ~ Mary G96rie '-" Alfred Voraitla& ~ Barbara Mila • • First...._~ Building 3333 Soulh llonnoct 5oftl Sue #480 ~.(080110 Phanr 303/781-7885 June J, 1996 Mayor Burns and Mellbers of council City of Englewood 3400 south Elati Englewood, CO 80110 0 • Dear Mayor Burns and Meabers of Council: EDDA is now beginning the eighth year of the suamer concert series. over the last two years the attendance at the concerts has increased draaatically and has created a problea with the capacity of Little Dry creek Plaza to adequately •seat• these larger crowds. we have studied alternative sights, but feel that given EDDA's sponsorship of the event that the Plaza reaains the best location. In reviewing the Plaza and the audiences use of this area ve believe that a solution to our probl-can be beat achieved by IIOdifying the planting aaterial used in the four saall octagonal planters at the north end of the Plaza. 'l'be qoal of this proposed change ia to open the view of the stage fraa a greater area of the Plaza. '!'Ilia IIOdification would consist of reaoving the existing buabea and SMll, low crowning trees and replanting these areas with other Mterial that could be aaintained at a lower height. We would 8111J989t trying this for the s~r ... aon and if it la decided that the treea abould be replaced in the planters, that a variety with a single trunk and higher crown be selected and replanted in the fall. EDDA would fund the coat of replaceaent planting Mterial, but would request that the neces-ry labor be provided by the City. I thank you for considering this proposal and invite you to the concert series. Sincerely, l__ ·~ ~ .. Q .. a.>, • Harold w. Celva, Executive Director .. •· - S T II C:F ••• ( Ill • . • ) -l l } - I I . 0 • .... ------~-----------------------------~--------~-----~------- 0 I• • • • I . 0 • • ----~-- • t• • . ' Jlflcru/.,J. 1J /1 ~ Q..Jdhad' u:i-buxufl ====------,.....-------,--_:/1:;..:., ,:?.'11'( /Ju~fi\i lh1t~r:t..1 I • .. 0 1 a2xl Diana J. Wolfe 5819 s. Pearl St. ·Littleton, CO 80121 303-738-8518 ·, RB: Tonda Gatewood Daycare 1015 w. Standford Pl. Bnglewood, co 80110 (. ,. • • May 16, 1996 _1 r-··--· · . , . .. • '# To whom it may concern: Thi• letter i• to inform you of ay per•onal experience with Ma ~tewood'• Daycare Practice. I re•ided at her re•idence for 3 aontba and during ay tenoir there I found no bo•tility or reaentaent from her neighbor•, to the contrary, upon talking with her neighbor •be waa highly regarded by her neighbor• for the •ervice •be provide• in their ~ity •. At no ti1118 have I ever heard a complaint in regarda to her ~ . daycare. .I no longer live there, however I do vi•it on a regular · .:ba•i• and •chat• with her :!J.hbon. To ay knowledge there ia a ~ ., · great d-1 harmony aaoung and her neighbor• • • :~ • i~~. ~ ~ ·: • ,. : Bnclo•e ia i.y buaine•• card if you have any que•tiona pl-N feel : " ~ ·. free to contact -• . ' •. .. • 0 ,. - • ·, • • . . • . .. •, • Aa.v-181 199' .. . . . 1 • ..,.,c,i. ... i ·,.: -·~ .... . . ' . ' . . • I Diana J. Wolfe 5819 S . Pearl St. ·Littleton, CO 80121 303-738-8518 RB: Tonda Gatewood Daycare 1015 W. Standford Pl. Englewood, co 80110 • • ... Nay 16, 1996 ~-t r-:··-:· . . ,. ~ ·.,,_ ... To whom it -y concern: Thi• letter i• to inform you of ay peraonal experience with Ma Gatewood'• Daycare Practice. I re•ided at her reaidence for 3 aontha and during ay tenoir there I found no boatility or reaentment from her neighbor•, to the contrary, upon talking with ber neighbor •he waa highly regarded by her neighbor• for 'the •ervice •he provide• in their ~ity •. At no time have I ever heard a coaplaint in regarda to her ~ daycare .. I no longer live there, however I do vi•it on a regular · .. ba•ia and •chat• with her ;:!X_hbon. To ay knowledge there i• a . _·great deal ~rmony amoung and her neighbor•. : \ .· Bncloee ia my busine•• card if you have any que•tiona pl•••• feel free to contact me. ""::";'::< '-t'-··:-Sincerely ·· · 7· . ·11,,,~,d. /J. ~ ;,: Diana J. wafte · Office Manager • . .. • ; , • • .. \. ' r • ' . . . . , ..... . , . . •r:--------n--------------- • ·, • ,, Maylt,1916 To whom it may oonoera, TIie tbliowilla ii m ..... ,_•to .. lliafa qllllily rAclild cae provided by Tonda•• lane.Our ......... ald_ ................ .., ................... ... -r1 .................................. _ ... ,, ?w,iacillmfn ......,... ... ._ ... w~••,..._, .... -lliuw ............. ...,.,_ ......... .,, ................................. ..,., ... . To-,11111 ............................ wfdaaat-,Jalallllll wfda ...yclildtllll .... ia ..... ..WMa-,.,. f 711 I ........... ...yclild ............... 11111 .., ................ o.,<"Aawc... 1r .... _ ...................... .., ...... AA. .......... .... ilydlycaerAthislllllUIWil_, ...... itWlllllla .......... to._dDwaoamch .. --· ' • ,. . " • .. May 16, 1996 To Whom it may concern, Tonda Gatewood has been watching my children for thfte monthes. I am very happy with her and plan on having her continue doing IO. All the children she watches are very happy and content. My children haw grown to know and trust her, tlwy would be quite upeet if she could not continue watching them. If you have any other questions pleue feel free to call me. i;:i~ April Klinger 761-5181 . ' • .. • • 0 • . .. ·. • . . PUBLIC COMMENT ROSTER AGENDA ITEM 7 NOfMICNl!DULeD Vl8ITOR8 ,< DATE: JUNE3, 1111 NON-SCHEDULED VISITORS IIAY SPEAK FOR A MAXIMUM OF FNE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAIIE, ADDRESS, AND TOPIC OF COMMENT. PLEASE PRINT NAME ADDRESS TOPIC . . .. • • • • '· ENGLEWOOD CITY COUNCB. ENGLEWOOD. AllAPABOE COUNTY. COLORADO 1. Call te Order The regular IIICding of the Euglewood City Council W11 c:alled ID Olda' by Ma,ar Bums ll 7:35 p.m. 2. ~--- 3. PWF Ill Alle&fwe The Pledge of Allegiance WII led by Ma,ar Bums. 4. Rall Call Present: Council Members lfldlaway, Capp. WiaiM. Vcniiall, w....-. Bums Ablent: Council Member Hlbeaicllt A quorum WII praenl. 5. Milllleel Also praent: City Mam,er a.rt City Aaamey BIUIZalll Allillaal IO die City MD..-Grace City Ciak Ellis Dua:IDr e.riy. Nllic w .. Dindor Orypwic:z. ,..__ s.v.. NeipNlllood Ca ·ry c.rr • Gnlllm (a) COUNCB. MDIKa WIGGINS J110VU. AND ff WAS S&CONDD. 10 Al'PllOVE 111E MINUTES OJ 11IE UGUIAll llDTING 0. MAY 6. 1"6. Ayes : Coacil Members Hadaway, Vanaiaa&, WiaiM. W...-,, Capp. Bins Nays: NoM Abeat: Council Member Hlllalic:lll Motion carried . (a) Ma,ar Bums. OIi bellalf'ofdle Clela, 0... al ..... Cc id 1111, ....._. WW Management of Colorado for ill spoaasbip Md adllace wtdl 1111 1995 Gaod Neipbor Dlys. He llid that WIile Manqcmcnt Im.,...,._ ud c6nd Mlillaace wtdl Gaod Neipbor Daya liace 1993 . Their 1995 doallion of trippiq fees IO&lliq SI0,000, allowld,......... ...... ., diapw of acaunullled tl'llh free of c:huge. • . S4 .. : I· 0 '32 x l • ··-------------------------------- East-ood City Couac:il May 20, 1996 Paae2 '· • , . • Clean, Green and Proud Commission Chairman Ann Nabbolz, on bcbalf' of the Commission, ulCd that Waste Management is very generous . They ID above ud beyond their clonatioa ofSI0,000 by providing at lcut six employees to help facililale the Good Neighbor Days. Sbe aid the ..-ibers of the Commission hope to a>ntinue the relalioaship ~ the Commission and the City. She c:ommcmcd that the Commission appreciates the commitment of Waste Ma .......... Mayor Bums praented the plaque to Dean Vander Bun, l'lesideac of Waste Management. (b) Mayor Bums. on bellalf' of the Clean, Great and Proud Commission, boaoml the Safety-Kleen Corporalion, for ill lpOIIIOl'lhip of ud assillance with Houlebold Hazanlous Waste Drap4 Days 1995 . He DOied be would be presenting a plaque to Oreg Gallaper, Safcty-KJeen Bnncb Manager and Lisa Lacey, Western Division Public Aff'airs Maaager of Safety-Kleen . He ...S that Safety-Kleen helped to collctt and dispose of DIOR than 1800 pli-ofllled oil. paiDI ud 10M111S. dnJpped alfby City residents. Mayor Bums noced that their a,mmitment to the environmental inlepity of the community is greatly appreciated. Clean, Green and Proud Commission Chairman Ann Nabbolz IUlled that the CommissiM appreciales the in-kind donation from Safely-Klccn for last year's Housebold Hazardous Waslc I>rop,,Gff. Sbe commented that they realize the value is well CM:r several tbousand dollars aad the pn,jec:1-W DOI lul\'C been able to continue to go on without their help. She poillled out 1h11 this year we ue fac:iag u iDlaaliDg challenge because we do noc have access to the SIIIIC in-kind 111111te1. Ms. Nabholz aid lhll a1tbougb they hope that Safety-Kleen will continue to be generous wilh their IUppOlt it is c:lar we will lul\'C to find additional financial resoun:es to subsidize this pn,jec:I . She DOied that she is opumistic lhll additional funding will be allocated and if appropriately planned the Houlebold HuanloUI Waste I>rop,,Gff will proceed more efficiently and less expensive than in pasl years. Ms. Nabbolz poialed out that this is a community project that saves the City aad ill residenls tens of thouslnds of dollars, by finding a proper source of disposal for ha7JUdous aad apccill bouldlold Wlllle. Sbe llid, wilh thal in miad. she enaiunges the City to help the Clean, Green aad Proud Commission to find Olllllimaing 111PPCJ11 of Ibis bi&blY sua:essful program . On behalf of the c-illioe ........ Safety-Kleen . On behalf of Safety-Kleen, Mr. Glllaper IClllCpled Ille pllqllC tn. Mayor Burm. He llid Ibey appaecille the award and look forward to pu1IICriDa will! Ille City of&pwood ill die r..-. Mr. Gllllper llid that being the world 's larJell recycler of liquid lmlldlm Wlllle. die)' ue,..... ID ODaliaae die NCydill& program with the City of Eaglewood .... ill ....cs. Mr. Gallapcr ........ dley lllve a presentation. from their M...,er ofCorparMc Nllic Afl"airs Lia Lacey, .. die City ofE.apwood ... the Clean Green and Proud Commi9POII . Ms . Lacey , on behalf of Safety-Kleen Colponlion. prelellled to Mayor Burm, m Clllllpay'I Environmental Excellence Award for Cities. She pointed out dill Eaglewood ii die acmd c:ily ill die nation to receive this award . Ms. Lacey read the text of the awud ill ill .-illlly. SIie ....... die Mayor for the City's outstanding program. Mayor Bums tbanked Ms. Lacey aad ..._....,...... bellllf of the Ci ty. (c) Mayor Bums. on behalf of the Clean, Great ud PMd Com•illion. ,.,.._, Englewood firefighters Miles Kubly aad Malt St0Ul for dleir illYMllblc Wl8HnC widl die 1995 Household Hawdous Waste Drop-dl"Days. He lllled 1h11 dleir bowledle aad aperlilC lllve -.de them I great asset to the City . He lhankod all of the lbeftplen wllo pll1iciplled ill lllil ......... Clean, Green and Proud Commission Chairman Ann Nabbolz lllubd Mr . KuMy for llil lilYer taail shoes and for keeping the Commission light . . . ..... I . • • • {, Ell&lewood City Couacil May 20.1996 Paa,eJ Mayor Bums praented Miles Kubly with the certificale, which be rad in full. He offaal Council's appRCiation and thanked Mr. Kubler for his wort . Clean, Green and Praud c-inion Chairman Ann Nabllolz thanked Mr. Stout bec:aw * aid be keeps -,oac in line • the paint clrap,,cJft' point. She aid that in fact be perually makes them jump into the clumpllCrs if they throw in the wrong cans . Mayor Burns plaailed Malt Slalll witb the certificalc, wbicb be rad in full . He offaal Council's appra:ialioa ud diaaks to Mr. Slaul. (d) See A,cada ltan 6 (b). ••••• Mayor Bums commented tllal Council rally apprec:iata the etrons oa bebalf olthe secyding procas in Englewood . He said be hopes the dbt coatinues and tbal be has a CXIUple ol paint cam be -.Id like to get rid of. (a) Guy Kozacek, 1260 Wal Oxford. aid be is npraellling the Englewood Youth Football Association (EYF A), which is a youth orpniution tbal Reaatioll dropped ... year. He advised that a new non-profit orpniDlioa bas been formed and be ii die acting commiwioDer al that board . He explained to Council tllal die Colorado Wildcau arc doiDa a beedit pme to beedit the EYFA on Saturday. Due to the lcaguc •-an EMT 1111111 be p,aeat during the pmc and Mr. Kozacek asked if the City oould ~ their panmc,dics p,aeat during the pme. He aid if they haft to 10 OUl oa call they 10 out OD call, just • they do during lligb ICllool pmes, He advilml tllal they wl llave a tniner on the llidelines • -at. Mr. Kmacek lllllell dlat Eapwood Pulllic Scllools doaaled die field. die ldaees haft ~od their time and the oaly cxpcas lcft ii uviaa • EMT,._ durill& die,.-. He 8*od the Council if they could 1DC fit IO haft a p.-1 TI~-C ..... availllllc, • dley arc allallly • dlly, during the evening boun from 7 :00 p.m. IO applOlliaalely 9:00 p.a . • s..day CWIIUll- (b) Tonda OaleMod. 1015 Wal 511111111d Pia. ....... * ii a..__. dl,m'e pn,vider in the R-1-A Z10DC clisUict aad tllal *ii .. allowod lO lll¥C a lllae a c c..-m ia 11111 dillrict. She DOied sbe is a lingle mother oldne cllildlaa. 1111 14, 7 ad 3. Ml. a.wood llllvilod 11111 dlil ii lllow * makes her livillg. She aid • liad ..... willl lier ..... wllo doll ... dlildrell Md the neighbor called die police OD her cllildlaa tine U.S ... year. SIie Clqllaillod 11111 lllil ......... - May 14• wheo the neighbor threw a nldt owr her falce. dley .. illto a dilpule. 111c aeipbor c:allod the City and-. 11be aid. the City is trying toc:loe llerdowa •olMay 11•. Ml. a.wood llalod dial sbe c,wns her home, her parcn11 have helped her and dlat lier Dad worked for die Eaglewood File 0etanmmt for 22 yran. She said she -.lei really like to keep her liceaK • diis is bow 111c 111MC1 a livillg to support her kids and home. Ms . Gatewood IUbmillod lcaen. for die IIICOl'd. from her aodlers. fldlen ud aeigbbors. She commented that she -.Id really llppleciale it if Council -.Id read die lclten ud consider her request . (a) COUNCIL MEMaER BATIIAWA \' MOVED. AND IT WAS RCONDED, TO ACCEPT WITH UGUT JEAN M. CBIUSTMAN'S UTl'ER o, USIGNA110N noM TIU: 90AllD Of ADJUSTMENT AND APPEALS. ... .. I . -------~---------------,.,----------------~-------------,, • Easi-ood City Council May 20, 1996 Paael 0 • Mayor Bums pracnted Miles Kubly with the cenificale, which be rad in ftall . He affered Council's appreciation and tbanbd Mr. Kubler for his 11Uk . Clean. GRCD and Proud C'.ommission Chairman Alla Nabllolz ........ Mr. Slout --• aid - keeps~ in line al the paint drclp4point. She aid tbal in fact -penoaaUy .... dlemjllmp into the clwnpslers if they throw in the-, cans. Mayor Bums praemed Mark Stout with the certific:alc. wllic:II K rad ill fllll. He a8ienld Council's appreciation and thanks to Mr. Stout . (d) See Agenda )lean 6 (b). • •••• Mayor Bums commented that Council really appreciates the dl'oru on bebalf of the n:cycling process in Englewood. He said be hopes the dl'on continues and that be bas a a,uplc of paint cans be would like to get rid of. 7. NN-Klleduled Vlliton (a) Gary Kol.aClek. 1260 Wat Oxford, aid be ii repmeaung the Englewood Youth Football Association (EYF A). which is a youth orpni7.ation dull lteaalion dnlpped ... year. He advised that a new non-profit organiution has been formed and be ii the acung commiaiontt of that board. He explained to Council that the Colorado Wildcall aR doing a benefit game to benefit the EYF A on Saturday. Due to the league requirements. an EMT 1111111 be plaent during the game and Mr . Kcmcrk asked if the City aiuld have their puamedic:s praent during the pme. He said if they baYC to ID out on call they go out on call. just as they do during high ICbool pmes. He adviNd that they will baYC a tniner on the sidelines as well. Mr. Kcmc:iek noted dull Englewood Public Schools donated the field. tbe smrees have donated their time and the only expeme left is llaviaa an EMT J11e1C111 during the pme. He aacd the Council if they aiuld see fit to baYC a panmedi( ...... available. as they aR already • duty, during the C\'Clling hours from 7 :00 p.m. to approximately 9 :00 p.m. on Salunlay ewaing. (b) Tonda Galewood. 10 IS Wat Scanronl Place, llalcd dull she ii a liemad ~ provider in the R-1-A zonedistric:1 and dull she ii not allowed ID baYC a 11w a cc-• ill dull dillricl. She noted she is a single mother of three children. qcs 14, 7 and 3. Ms. Gllewaod adviNd tllal dlil ii bow she makes her living. She said she had a dispute witll llcr aeipbor w11o does • lib dlildnll and the neighbor called the police on her children three times ... yar. She cxpllillcd tllal lllil lillppeDcd • May 1,• when the neighbor threw a rock OYCr her feaoe. dley Fl iato a dilpulc . TIie IICipbor called the City and -. she said. the City is trying to dolC her dowa as of May 31•. Ms. Ollewoad ..... t11a1 Ille -her home. her parents baYe helped her and dull her Dad ..... for tbe ~Fire~ for 22 years . She said she would rally like IO lloep her liceaN as lllil ii bow Ille 11111e1 a liwla to suppon her kids and home . Ms. Gatewood submitted lencrl. for tbe -.I, fnllll her aatben, &dlen and neighbors. She axnmented that she would really appn,ciale it if c:ou.cil would 111d tbe Idlers and consider her R,quest . 8 . C-.lcatiou, Pl'Klaaadau aN AJ••latrnll (a) COUNCIL MEMaER HATHAWAY MOVl:D,AND IT WAS RCONDED, TO ACCEPT WITH REGRET JEAN M. CHRISTMAN'S UTTER OF USIGNATION FROM THE SOARD or ADJUSTMENT AND AnEALS. I· 0 • w1--------------------------- E.a&lewood City Council May 20, 1996 Pa&e4 Ayes : Nays : Absent : Motion carried. • • <. Council Members Hathaway, Vormiaag, Wigins. Wagoner, Oapp, Bums None Council Member Hlbeaicbt Qiuncil Member Hathaway urged lhal Council km • llllkill& -they illdude dlis with the June 2,• interviews. She pointed GUI ._ the Bwd of Adji!Mw:nt ad Appeals Im a uni lime apenlillg ewn sbon one member . Mayor Bums camw • t 11111 they 8lcd a PftlllY pod wtilll lllmglb on._ board to act 9 . Pabllc Beariq No public: bearing -ICbcduled bdore Couacil. 10. c--t Afjell4la Qiuncil Member Hathaway llalcd that she will abllain from Wling on A,enda Item 10 (a) (i) rcprding the Concrete Replac:cmcal Dillrid No . 1995 because she is in the dislricl . COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (a) (I) ON nRST READING. (a) Appriwe on First Reading (i) COUNCll. Blll. NO. 29 • IN11l0DUCED BY COUNCD.. MEMBER WIGGINS A Blll. FOR AN ORDINANCE APPROVING 11iE WHOLE COST OF 11iE IMPROYl!MENTS MADE WITHIN CONCRETE REPLACEMENT DISTRICT NO . 1995 IN 11E a1Y OF ENCiLEWOOD. COLORADO; APPROVING AND CONFIRMING 11iE AJIPOR110NMEtff OF 11E COST 10 EAOI LOT OR TRACT OF LAND IN SAID DISTRICT; ASSESSING A SHAJtE OF 11E COST AGAINST EACH LOT OR TRACT OF LAND; AND PRESCRIBING 11iE MANM!ll POil 11E <XlLLECTION AND PAYMENT OF 11iE ASSESSMan'S. Ayes : Nays : Abltain: Absent : Qiuncil Members v--., Wigial. W...-,, Clapp. Bani None Council Member Hadulway Council Member Hlbeaicbt Council Member Hathaway commcntcd that she happens to own prapeny iaduded ill die dillria ud ID therd'ore ii might be pcra:ived as a c:oaflic:t of inleral. In rapomc to Counc:il Member Wagoner, City Attorney Broamu ldvilld .... c-il Bill No. 29 ICU the public bearing for July I , 1996. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS HCONDD, TO Al'l'llOW CONSENT AGENDA ITEMS It (II) (I). (II). (Ill) IM(I¥) ON SICOND UADING. .. I· , • .-------------~----~1.------.,...----., 0 I• •, • Eapwood City Couacil May 20, 1996 Paces (b) Approve OIi Second Radin& (i) ORDINANCE NO. 19. SERIES OF 1996 (COUNCIL BILL NO. 21, INTRODUCED BY COUNCR. MEMBER WIGGINS) AN ORDINANCE AMENDING Tm..E l, CJIAP1Bl IN, SECl'ION 9, OF 11IE ENGLEWOOD MUNICIPAL CODE 1915 CONCERNING DISCIPLINARY APPEALS. (ii) ORDINANCE NO. 20, SERIES OF 1996 (COUNCIL BILL NO. 24, INTRODUCED BY COUNCll. MEMBER HA111AWAY) AN ORDINANCE A1.TI1IORIZING AN IN11!ROOVERNMENTAL AGREEMENT BETWEEN 11IE UNITED STATES DEPAR1MENT OF 11IE JHIEUOR GEOLOGICAL SURVEY AND 11IE CITY OF ENGLEWOOD, COLORADO m,rrrn.m "'DEPAR1MENT OF 11IE JHl1!:RIOll GEOLOGICAL SURVEY JOINT RJNDINO AGREEMENT FOR WATER RESOURCES INVESTIGATIONS ." (iii) ORDINANCE NO. 21, SERIESOF 1996(COUNCILBD..LNO. 25, INTRODUCED BY COUNCll. MEMBER WAGGONER) AN ORDINANCE PROHIBITING 11IE POSSESSION OF TOBACCO PRODUCTS BY MINORS IN 11fE CITY OF ENGLEWOOD. COLORADO BY AMENDING Tm..E 7, CJIAP1Bl 6E. OF 11IE ENGLEWOOD MUNICIPAL CODE Wini 11fE ADDITION OF A NEW SECl10N I, ENn11a> ll.LEGAL POSSESSION OR CONSUMPTION OF TOBACCO PRODUCTS BY AN UNDERAGE PERSON . (iv) ORDINANCE NO. 22, SERIES OF 1996 (COUNCIL BILL NO. 27, INTRODUCED BY COUNCll. MEMBER HA111AWA Y) AN ORDINANCE AlTIHOIUZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 11IE CITY OF TifORNfON. CCI ORADO AND 11IE CITY OF ENGLEWOOD, COLOll@O FOR AN EXCHANGE OF 11IE CITY OF ENGLEWOOD'S ltOTOMllJJNG SERVICES TO 11IE CITY OF 11K>RNTON IN RETIJRN FOR SAND/SALT, HOT MJxm ASPHALT, OR CRUSHED AOGREOA'IE MATERIALS . Ayes : CauDcil Memllen Hadllwly. Vonaiaaa. Wiaia, w.....-. Capp. Buns Nay$: ~ Ableal : Council Memller Habaliclll Motion carried . 11 . Onliawa, Rml•liNl 111111 M ...... (a) Approve on Finl Radin& (i) DinctorEllalypracllledam:1 1 t•lnllttlleDlpl,IWolPalb aad Recralion to approve. by lllllliaa. a COllllnldioll CIIIIIIICl ill tlle--olS42,MI.OO 10 U.S. Contnicton for Cenlcaaial Lake 66" SIOrm .., Oulfall • 1hl:ililllioa Pnljact. HI aid dlay a,e . , • .. I· • 0 '32x l • • • Ea&tewood City Council May 20, 1996 Pace6 recommending the low bidder U.S. Contncton for the bae contract amounl plus the altermtc that wu proposed. which has 10 do wilh how the malcrial WU m.-affiom dais excavation. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE A CONSTRUCTION CONTRACT IN THE AMOUNT OF 5'2.Ml.N TO U.S. CONTllACTORS, INC. FOR THE CONSTRUCTION OF "CENTENNIAL LAKE '6• STOllM SEWER OUTFALL UBABILITADON PROJECT.• Molion carried. Ayes : Council Members Halbaway, Vormitla,. Wigins, Wagoner, Clapp, Bums Nays : None Absent : Council Member Habclliclll (ii) Director Gryglewicz praealed a ...,.,.....,,._ fiom the Depanmeal af Financial Services 10 adopl a bill for 1111 ordinance elllblisbing a lClllpOnly IUlpCDlioe or monaorium af certain miscellaneous business licenses for a period af six llllllllhs. He aid. as was dilCUlled ll the May 6, 1996 Study Session, lhis ordinance would alllblish a moralorium oa milcellueous ~ liclenles under Tille S of the Municipal Code . Mr. Gryglcwicz explained dial ii would buically pul a moralorium on all bul a few of1he licenses -mainly liquor, Going Out afBusinea, Cllrillmal IRC clralcrs for I period of6 months. The City Clerk wu asked 10 rad Council Bill No . 28 by lille : COUNCO.. BILL NO. 28, IN'JllODUCED BY COUNCO.. MEMBER CLAPP A BILL FOR AN ORDINANCE ESTABLISHING A 'reMPORARY SUSPENSION OR MORATORIUM OF CERTAIN MISCEU.ANEOUS BUSINESS LICENSES FOR A PERIOD OF SIX M<»mlS. COUNCIL MEMBER CLAPP MOVED, AND ff WAS SECONDED, TO APPROVE AGENDA ffEM 11 (1) (U) -COUNCIL BILL NO. 21. Motion carried. Ayes : Council Members Halbaway, V~nag. Wigim. Wauoacr. Clapp, Buras Nays : None Absent : Council Member Habclliclll (iii) Ncipborbood Community Coonlillllor Gmrml pr--.1 I NC I I illl'on from the Office af Ncigbborhood Md e.siw De.elopmelll lO ldapl I llill for• onli-=e 1f1111M111 propoied amendments 10 lhe Comprchcasiwe 1.Gaiaa Ordiunce 11111M ID....._. Ullil De.1lapm111. He ld\;sed 1h11 the Ollly dluttl ia dais 1ft die lddilioll af I ....... meelill& prior IO I foraal applicllion and some pnlCICdura including how lhe IICllificllioll ii IO occar. Mayor Burns commented 1h11 !hole MR dilCUlled the ... liac dlil .._ ~ ~ c-il. Mr. Graham aid 1h11 is right The City Clerk wu asked lo rad Council Bill No . 19 by lidc; COUNCO.. BILL NO . 19, IN'JllODUCED BY COUNCO.. MEM8EJl HA111AWAY A BILL FOR AN ORDINANCE REPEALING Tl11.E 16, OIAP1D ,. SEC110N 15. Dmn.ED PLANNED DEVELOPMENT DISTRJCT OF TIIE ENGLEWOOD MUNICIPAL CODE 1•s AND • . .. .. I . 0 '32xl • 0 • Ell&kwood Chy C•acll May 20, 1996 Paae7 ENACTING A NEW TITLE 16, CHAPTER 4, SECllON 15, ENTITLED PLANNED UNIT DEVELOPMENT ZONE DISTIUCT. COUNCll. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii)· COUNCll. BILL NO. 19 REINTRODUCED WITH 1111: PROPOSED AMENDMENTS ON FIRST READING. Motion carried. Ayes : Council Members Hadlnay, Vormittag, Wiggins, Waggoner, Clapp, Bums Nays : None Absent : Council Member Habenicht (b) Approve on Second Reading (i) ORDINANCE NO. 23, SERIES OF 1996 (COUNCn. Bn.L NO . 26, INTRODUCED BY COUNCIL MEMBER HABENIOIT) AN ORDINANCE APPROVING AND AUTHORIZING 1llE EXECUTION OF INTERGOVERNMENTAL SUBGRAN'rnE AGREEMENTS FOR 1llE 1996 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM CONTINUING RESOLlTllON FUNDING BETWEEN 1llE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND 1llE CITY OF ENGLEWOOD . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON SECOND READING AGENDA ITEM NO. 11 (II) (I)· COUNCIL BILL NO. 2' REGARDING THE 1996 ARAPAHOE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. Mayor Bums stated that he will abstain from wting on this iauc bec8IIK of bis palition of Cllairmu of the Housing Authority. as this is very much integnlted in the Housiq Authorities plan. Ayes : Nays : Abslain : Absent : Motion carried. 12 . GnenllNlanlioa <•> Mayor's Choice Council Members Hadlnay, Vormiuag. Wigias, w...,.... Clapp None MayorBums Council Member Habenichl I . Mayor Bums aid he MIited to iec:opizc that liacz COUIICil 1111d tlleir 1811 replar 811U111 M ba\-e had the signing ol the full funding pant qreemeat for tbe extlMioa of die......_ rail liac through the southwest corridor. He aid they had the pleaaaR of ancndin& ... 1rilll ...... of die President's cabinet • Sec:rewy olTransporlalion Federico Na wllo came ID 0.-far 11111 ~. Mr. Pella reminded everyone that this ii contnc:t to build tbe Ii• in inert 1111, dial die..., 1111111 come from Congress each year during COllltnlClion ud that we lul\'C IO be dili,-a. ,._.. die C'.Gllssaa for the continued funding. Mayor Bums aid they plan to do that . He ooamc sod 11111 lie w liapilla they wouldn 'I ha\'e to travel 10 Washington ewry year, bus ht l8id lie ~ pca 11111 die blMI ii IIOl over. •. I . 0 '32xl • .,--------------------------- Enckwood City Council May 20, 1996 Pages 0 I • • 2. Mayor Bums Slated that be bad the pleasure ofinaalling Austin Gomes• Citizen or the Year on May 13"'. 3. Mayor Burns noted that the City bad the finl public forum for Cindcrdla City ... Melt 11111 the next one is Wednesday night ll Englewood High School . He llid they again encourqe citizens to come. He commented that be thought the c:itiz.cns participated wry well in the finl one 11111 be thought they lldllally enjoyed it. Mayor Burns lllled that they look forward to the DCxt meeting on Wednesday . ,. Mayor Burns advised thal be rcccived a ca1111 home this weetcnd, while be was out or town. from the IICp-brotbcr or Mike Sjurdema He ltlled that Mr. Sjaanlema was the firdighler who unfortunlldy lost his life in an accident at home . Mayor Bums llid thll be hasn't talked to the step- brother yet. thal be plans to call him. ~. be adviled, the~ wanted to let Cowic:il koow bow much the family appreciated e\'aything the City bad done for the family in recognition or this tragedy and thal the City bad c1onc a fin1 c1ass job or womng with the family. (b) Council Member's Choice (i) Council Member Vonnittag asked if City Manager Clark would take care or Gary Kozacck 's reques1 regarding paramedics. Mr. Clark said be will take care or it at staff meeting in the morning . (ii) Council Member Wiggins : I . He directed a comment to Public Wolts Director Esterly. He a>mmented thal be noticed in the Cit}· of Littleton at the intersection oru. S. Highway BS, commonly koown • South Santa Fe, 11111 Church Avenue. on Sunday ~ng. their lights are on four-way flash. He said this is just for information, thll this is a major anery in the City, but they put it on four-way flash on Sunday night . 2. He said be understands there have been some requests to the City Manqer for ~m notes or council meetings. where the City Clerk is taking noccs and she docs write them up 11111 IUbmit them to us. and yet the City Manager is getting requests for ~m notes . He advilCld thal be feds. after talking to the City Attorney , that the City proceed in the same manner• they do when they make a request to the coun or the City Attorney for verbatim notes. thal they be pa the offer orbeiq lllpplic,d a tape . He Slated that this is much less expensive. He said thll the time inwlwd COit wise 11111 for staff time, be feels. is getting out or band. He commented thll be llill docs not understand the purpo1e for the verbatim notes . Council Member Wiggins said thll be would RICIOIIIIIIClld if the rat or Council ...,._, that if somebody wishes to have vedlatim notes of a council media& that they be allowed to Id a tape . Then. be said. if they want to seek somdJody to make up a typewritten form that's fine. He pointed out thal in legal matters in coun the defendant is allowed to have notes, but be ha to pay for thll expense . Mr. Wiggins stated thal be feels this is an undue expense against the City . He said be docs not koow bow the rat or Council feels . He asked if anybody else bad any comments on thll. Mayor Bums commented that at the first forum the Mayor Pro Tcm go1 up and disagreed with the developer speaking. He noted thal she read a ~m transcript or the motion to not prepare our list or tenants on the developer's contract until after the public meetings . Mr. Burns llid thll be talked to ber afterwards and she accused him or not following the Nies 11111 said tbll the Council bad decided tbll the developer would not speak ll these meetings 11111 thal it violated the Nies thll they were there and it was bis fault . Mayor Burns said that completely surprised him u be does not remember the City Council deciding that the developer was not going to speak ll these meetinp. He said thll, in fact. be tboughl it was the opposite . That the whole idea or bavin1 the public meetinp. and the ones they IOld the public the)• would have. is so the developer could explain his coacept and the public could lact to it. Mr. Burns I· • 0 '32xl ---------------------------------------------------....--- • Ell&kwood City CNIICil May 28, 1996 ... , ·, 0 • .. said that when be asked Clarion and Allociales they said they wanted the cleYelopcr there IO explain their a>nc:cpl ID the public could rapond IO it. He said dial be lhinu dial• the members ofdle public worked on site plans and so fonh. that the raa of that 11>11 of cliappealed fnlm their mind and they jull got to work on what they where doing. He llalOII lie does IIDt dlillk dial ii nally made muda diffennce. He a,mmenlCld that perhaps be shoukl have mcaciolled Ibis• Ddy --. bul be did IIDt ,-ibea or if any Qiuncil Member remembers. dial Council made a nde that the deweloper -.Id lllll apcak . He aid be thought that at the mocling they bad with Cluion that the Mayor Pn, Tem -Ullllble to be there. Council Member Wiggins advised that lbe meeting MS llped and lbe MS pen a copy oldie tape. He said that Council Member Hadinay bad apecific:ally allied 11111 the mecuna be 11pec1. He aid if it is on die tape, ii is on the tape, bul that be does lllll recall it eitber. Council Member Hathaway said that she definitely n:memben Qllllnry 10 11111. She ltlled that they a,ahlished dial Skip definitely wded IO be lbere, dial lie clefinilely WIied IO apcak becaue IIIOll of die raidcnlS had --him in~-Mayor Burlll said .... -ripl. Qiuncil Member Clapp said sbe thought they had agreed on jull keeping ii sbon, and lhat wu lhe only limiWion they pul on it. Because, she SlalCld. ii was really ping to be laradY for the community, not for the deYdoper, and they 11-anted lo make sure that he MS DOI laking too much of the lime. Mayor Bums said that was right and indeed he undenlood lbat ii did p, on for awhile with the deYcloper and ID forth. He DOied that he underslands that Clarion readily agreed lhat C\/Clling that all of that should be shortened up considerably with the next meeting in order IO ,et IO the citizen panicipalion quicker. Council Member Hathaway said that she also thought the CXIIIIUIWIIS will sbor1cn their prelClllalions, because of the fact that ii was their first one out fl the hopper, their finl lime dealing with our group of people . Mayor Bums agreed. saying that ii wu a real lal run. and be lhoupl they all found OUI lhal ii p a liale long before they got lo the citizens. So. he aid. be allliciP*f 11111 ii will be lllanened up conside111bly . Council Member Waggoner allied wbal was on the tape? Council Member Hadinay said lbe did DOI know . Qiuncil Member Wiggins said that -are llill back to the iaue oa the vedllli•. Mayor Bums llaled lhat be did DOI know, 11111 he helilalCs 10 • City Council aemben IO pay a their own, that ii gets prelly expensive IO pay for uamcriplS. He aid 11111 llejllll dlillb they shoukl be judiciously used and be did DOI know the whole purpoae of having wrllltim "-'ipls eitber. Qiuncil Member Hathaway allied if a ..__ of the public iequelll a vedlllim copy of Cily Council meeting minutes. if they have to pay ilr it? City Anoney ~aid,-._... a vedlllim bas already been done. we -ad dluF copying COlll bul IIDt die w. Ill do dull . Olberwiae, lie llaled. they would have lo pay for the \'Cltlalim . Qiuncil Member Wigins said all righl ._, tbey will jull have 10 live with ii if dial is lbe way you _. lo be . But he opined lhal ii ii pniaa out ofllud ud 11111 lie dlillU die Cily Clerk 1MC1 wry copious DOies . Council Member Hadinay COfflE tad 11111 lbe is NqUind IO do ii off die tape anyway . 3 . He said that back 10 lbe wry iaue ofTuadly llighl'1 lalllliD& IWllicll dley all aneaded, he wanlCld 10 tell Qiuncil that he wu humiliated by lbe way 11111 our Mayar Pn,. Tea Alex Hlbmiclll Kted dial night. Council Member Wigim DOied 11111 Council llad kiad of ..... dull dley -.Id lllll apcak . He .. .. I • Ell&lewood City Council May20, 1996 PqelO (. • • said the Mayor c:omal it \'el)' well, that this bad not been approwed. it -ODly • leaer at intent, ya she got up there and read ~ the whole thiag. ffc llllted dial lie felt IO ... iliwd for CGUDCil and for the City of Englewood the way sbe acted . Mr. Wigilll said dial lllle bad 1111 Cllllllely a all IO the people MIO were UyiDg to run the thillg. Clarion. Tllen, lie 1111111d, after dlll Ilic pt 11> ud paced the whole floor beck and fOlth like a cal ltalking a prey and bad 110 ClOUllely. ffc poillled out dlll if Ille -tryil!I to apeak and lie or any oda penon -walkina uound. dilUactina the people MIO were dleft. well dial it -a,mplddy out at bud and lie said lie -really Clllblrraaed. Mr. Wigim llaled tbll lie nMed to QClllllle lier OD record bocallc lie is \'el)' disgusted with that kind of IICliOD and lie aaid lie tbiab Ille kmws it. He said he is just lick and tired of the way * ac11 at thae meeliap. He con:m: t: d that lie llill docl not understand what Ille is UyiDg to get al. Mayor Burm a,mmeated dial it -a lU,prile but that it uppened. He said lie -llapdld that tlley can proceed al the next meeliDp without dial IOll at thin&. (iii) Council Mcmbcr Wagoner stated dial lie tbiab tbcR ..ts to lie more illput from the public, al the public forums, about teaan( mix. He said he tbiab ODC of the lhillp that auted the forums anyway -IO try IO find out what the people want as f'ar as a-to lllap iD or IICIUaUy wllat they want in Ciaderdla City. Council Member Hathaway noted that -of than did prvvide -at that. Council Manlier Waggoner stated that IOIIIC oithcm kind of pushed ii affto the side and did more ofdle ,ma'al layolll with the 2000 aquare foal storel. Ms. Hadlaway agreed that -hedpd mound it. Mr . Wagoaer said he jusl thinks lhere needs 10 be more NqUCII for apcc:ific tenant mix . Mayor Burns said !hat lie IClldl IO 10 aloag wida !hat, that he would like to "-more lllout wllat tlley rally want. what Ibey would like to lla\'Cas f'ar• iflhey want• luF men:lludiler, wllo it mipa be. Council Member Hathaway aid it ii lier 1 ...... 6-Bab 5uaploa aad die dilowi(w 6rwan1 is that the a.. six tllat were dDlle at dlis ,_ .,._ are IIUI IO be,-11P at die ..a Ina. SIie llid dlll mipl llelp. ralicr tllaa llawt& die lix dlll Clariaa provided. a-. ...... dill -oldie people lllle ded IO after die aecllilll loaud at die lix dlll Clarioa ,--11 aad llid dill -oldlelC -" hcR rally. SIie aid* dub dlll ii Ml)' tlley .. -.............. ill die ,-lie amenities. die trees and llul", .._ dley were loalwlt • all ofdle adler .. dlll Clarioa pnwided. She said sbe is hopillg Wedlladly'1 aecllilll wiD be a lialc bit~.._ tlley will lla\'C - bomdown Englewood ideal as oppallll to ,......hi,. dlat may baYC -ha die .. caaa . SIie llllted that -the bigell a,mplainl * mnl-dlat dley did aat ... ..,..... ha die .. caal. Mayor Burns said he thinks that is • pod alllllllelll . 13 . City Mua&ff'I...., City Manager Clark clicl not baYC any mat1cn 10 llriq befcn Council . 14 . City Attene,'1 Reper1 City Attorney Brouman recoauaeaded lbat Council 10 ialo Exec:utiw SeaiOD 10 di-=-a ,,..._i matter which is the City Attomcy '1 evaluation . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS UCONDU. IPOll COUNCIL TO GO INTO EXECU11VE SESSION IMMDIAnLY JOU.OWING Tim COUNCIL ME&TING TO DISCUSS CITY AffORNIY HOTZMAN'S EVAUJATION. Ayes : Couacil Malbcrs Hadlaway, Voraillll, Wigial. w._..., Clapp, I • • i. ·, • (. 15. Mja.-- COUNCR. MDaEll HATHAWAY MOVED TO ADIOUllN. TIie ........... 111:12 p.m. ~d.1(/,L ~ )~.· .. •. .. I. 0 • .• ------------------------- 0 I~ • COUNCIL COMMUNICATION DATE: June 3, 1996 AGENDA ITEM SUBJECT: Rezoning Request filed by Overlook, U.C for site 8. in 3000 block of South University Boulevard INITIATED BY : Jeffrey Kraus for Over-STAFF SOURCE: Harold J. Stitt, Commu- look, U..C. nity CoordiNtor PREVIOUS COUNCIL ACTION; Previous Coupcil Actjon : The site was annexed to the City in 1946; zoned R-1-A, Single- family residence, in 1955 ; and was pan of the Hampden Hills Baptist Church Subdivision ap- proved in 1964. RECOMMENDED ACTION; NO ACTION IS REQUIRED. This repon is informational only . BACKGROUND. ANALYSIS, AND ALTERNATIVFS QDTIFIED; An application was filed by Jeffrey Knus, on behalf of Overlook U..C, requesting rezoning of the 1.032 acre site from R-1-A, Single-family Residence, 10 R-3, Hip Density Residence. The applicants proposed to develop an usistcd living facility on the site, 11111 such a residenlial facility is not a "use-by-right" in the R-1-A Zone Dislrict . 'Ibis application wu heard at pub- lic hearing before the Planning Commission on April 16, 1996. Many residenls of the sur- rounding neighborhoods were in attendance . Those who testified were uunimous in their op- position to the requested rezoning . The subject site is oddly configured, 11111 wu created through a "Subdivision Waiver" ap- proved in 1982 . Because of the site configuration, no more than three or four sin&le-family homes could be constnJC:ted on the site, and the necessity 10 "loop" warcr lines 10 serve the site financially impacts any potential development . .. I· • 0 '32xl • • • . • ' ... .. r The Planning Commission voted to not recommend the rezoning request to City Council for approval by a vote of 7 -2 . f1NANCIAL IMPACT; The land is vacant at the present time; it appears that it will remain vacant for the foraeeable future . UST OF Al]'AQIMINTS: Staff Report R.l.196-0l Findings of Fact R.l.196-0l 2 ' • . ' , . .. I· 0 'a2xl • .i--------i.----------------.----,, •, • TO: Planning and Zoning Commission TIIRU: FROM: Robert Simpson. Mauger ofNeipborhood IDd Business Development Harold J. Stitt, Community Coordinator DATE: April 16, 1996 SUBJECT: Cue RZ-96-01 -Public ffarina. Remning in tbc 3000 Block of South University Boulevard, from R-1-A, Sinp-Fllllily Residence Dislrict to R-3, Hip Density R.esidence Dillrict. APPLICANT; Jeffrey Krause Overlook, LLC 3300 East First Avenue, Suite 490 Denver, CO 80206 PROPERTY OWNER; Malireddy S. and Syama M. Reddy l 2SO South Parker Road Denver, CO 80231 REOIJE5I; The applicant has submitted a request to rezone a parcel of land, 1.032 acres in area. from R-1-A, Sin&le-Family Residence Dislrict to R-3, ffiali Demity lesidcncc Dislrict. This request has been submitted in conjunction with a Planned Development applic:alion for tbc dcwlopment of a 30 unit assiSled livin& facility Oil tbc IUbject property. RECQM)IINDATION; The Office of Neipu,orbood and Business Developmeat recommends that tbc poposecl min& be approved with tbc followina coadilion: The rczonin& and Planned Development shall become null and void if a Buildina Permit for the proposed development bas not been issued within a two-year period 6om tbc effective date of final zonin& approval and tbc ZIDDina of dus property will revert to R-1-A. Sinale-Family Residence. LOCATION Of PRQPIBIY; The subject site is located on tbc west side of tbc 3000 block of South Uniwnity Boulevard and is currently undeveloped. · . ' I . 0 • ·,------------------------ 0 I• • CURRENT ZONE DISTRICT; R-1-A. Single-Family Residence District BEJ UIQN IQ CQMPBEUENSJYE PLAN; The 1979 Comprehensive Plan identifies the aeneral area of the proposed rezoning as a low density residential area. Such areas are typicalfy zoned for single-family use and are developed with less than ten units per acre. The proposed development of approximately 30 units per acre is more typical of high density development. Bued on this fact alone, the proposed development is not consistent with the Comprehensive Plan. The Housin& Section of the Comprehensive Plan identified the following goals: additional units for the elderly and protcctton of existing residential neighborhoods, two goals applicable to this proposal . In reviewing the proposed development in the context of the Housing Section of the 1979 Plan it is apparent that the Comprehensive Plan bad not anticipated alternative housing types for the elderly beyond the typical federal assisted elderly housing of the day or traditional nursing homes. The assumption of a major federal role in elderly housing has changed significantly as evidenced by the reduction or elimination of many such programs and funding cuts for the remaining programs. As more and more people are entering retirement age, there is an increased demand for alternative housing types and with the reduced federal role in this area, the private sector has responded by providing developments such as the one proposed . Therefore, this proposed development is consistent in principal with the elderly housing goal of the Comprehensive Plan. The proposed development has been responsive to the nature and character of the neighborhood in which it is to be situated. The scale of the structure has been reduced from an initial 40 unit three-story facility to the present 30 unit two-story facility. The an:hitcctural treatment of the structure is in keeping with the residential character of the areas and the siting of the structure with landscape buffering on the north and vehicular access on the south have been carried out to protect the neighborhood as much as possible. LEGAL QESCRIPJIQN; That part of lot 1, Block 2, Hampden Hills Baptist Subdivision, described as follows: Beainning at the Nonhcast comer of lot 1, Block 2, Hampden Hills Baptist Church Subdivision; thence southerly along the east line of said Lot 1, a distance of 155.00 feet; thence westerly parallel with the south line of said lot l, a distance of 218.15 feet; thence southerly parallel with the cast line of said lot 1, a distance of 166 .46 feet; thence westerly parallel with the south line of said lot I, a distance of 18 .00 feet; thence southerly parallel with the cast line of said Lot 1, a distance of 95 .00 feet , more or less, to a point on the south line of said Lot I; thence westerly along the south line of said lot l, a distance of 15 feet, more or less, to a point, said point bcin& 159 .00 feet east of the southwest comer of said Lot l; thence northerly parallel with the west line of said lot I, a distance of 415 .54 feet, more or less, to a point on the north line of said Lot I, said point beinf I 59 .00 feet east of the northwest comer of said Lot 1; thence easterly alona the north line ofsa1d lot I, a distance of247.34 feet, more or less, to the point ofbeginnina, County of Arapahoe, State of Colorado. H IGAOUl"80AADS\PLANCOMMIU9601SA DOC 3 •. I . 0 • • C. • <. Jan1.1ary 16. 19H Mr. Harold J. ltitt, AICP t1aDDiD9 ~niatrator Departaent of CoaawaitJ Developaent CitJ of lngleWOOd S400 IOu~b llati ltreet 1D9lewocd, co. 10110 81: 3000 ILOCK or IOUTII UNIVSaSITY 2,1.,,. IIOITH or IAST DArtMOU'fH AVI Clt'Y or IIICILIWOOD; LIGAt. DISCaIP'UOI AffACIISD Dear Mr. Stitt; r • p 2 "rbU letter aball aerve notice tbat. the owner• of tbe above referenced property autboriae tbe City to proc••• the 1eaonin9 and/or Planned Development ApplicaUon(I) of Overlook, -.LC a• applicant for tbe propoaed ,o unit a11iated livin9 facility. Tb• owLer• a9ree to be bound bJ the regulations and conditions wbich will be effective with tbe approval and recor41D9 of tbe Development Plu. , ' •. .. I. 0 • 0 t• - March 12, 1996 Mr. Robert Simpson Manager of Neighborhood & Business Development City of Englewood 3400 South Elati Street Englewood, Colorado 80110 RE : Hampden Hills Assisted Living Facility 3000 Block of South University Boulevard, 261.46 Feet North ofEast Danmouth Avenue Request for Rezoning Dear Mr. Simpson : •n =· IIIILMAJU. a,, was: lfAA 15 1996 We request the rezoning of the property located at 3000 South University Boulevard, 261.46 feet north of East Danmouth Avenue from the existing zoning of RIA to R3 (see attached legal description). This rezoning will be in conjunction with a Planned Development for this property . It is proposed to use this property as an assisted living facility . The Hampden Hills Assisted Living project is located and designed to offer long term senior living in a residential setting . An integral and important component of assisted living is to promote an enhanced quality of life for the residents through programmed activities, social events and health care support . Various sized assisted living models have been tested throughout the country, and the facility size found to be most suitable to meet the needs of the residents ranges from 30 to 80 dwelling units . It is on this basis that 30 units arc proposed for the Hampden Hills Assisted Living project . The Hampden Hills Assisted Living Facility will provide a high quality of life that emphasizes respect, dignity, and independence in a safe residential !llvironment . At the same time, it will be a valuable addition to the community by offering senior housing options for families of the conununity . Architecturally, the building features forms, materials, and proportions that arc influenced by the surrounding residences, thereby establishing direct and meaningful ties to the community . In order to provide a residential enviromnent for the residents that promotes independence as a major quality of life, travel distances within the building must be manageable . A building with sprawling corridors and long travel distances is not conducive to independent travel, and, therefore, a multi-story facility with elevators is necessary to make the building more compact and negotiable for the residents . Additionally, for the land area available on this site, a two-story, 21,SOO square foot building is required to accommodate 30 dwelling units . Assisted living residents arc typically 82 years of age or older, and may have physical or cognitive impairments which prevent them from driving . The traffic and parking requirements for this project arc, therefore, generated by staff' and visitors . The parking requirements for an assisted living facility of this size, based on actual usage at similar sized facilities, is approximately 18 spaces . This would accommodate both staff and visitors at peak hours . A total of 28 parking spaces are proposed for this facility, including 2 handicapped accessible spaces . The City of Englewood requirements arc : 20 Studio Units@ .SO spaces/unit • 10 2 BR Units@ 1.00 spaces/unit • TOTAL PARKING SPACES REQUIRED • 10 spaces 10 spaces 20 SPACES •. .. I . 0 • ~ w I\) X - (_•_ ~ . } IB'Z:S i ~ ,~fl 1 1 11uJ.,! 1u1-1 1111 11 , ~ 11i: 1 u:~ i [ .le. ~1 . I > 1· 1·f . t. l I 1 t 1 ~ a.J· ! a. I 8 ( f 'f I: i 1 ~I~~ ~ l t • . I .-c 1-x .. a. r ·· 1, r "t W. J a; } z n 2 · · fc lg. 2 ii · ; n :Z: ~ ~ J;1 ~ ~ 11;1~,E ilr1! • l·i~j.l i1'f !!r 6 'SI~ r i ~ f ,f f J~, 1 Uti .f :h i[~ O 1T~ . ' a -' ti· a. , f 1i iJ r · ! 1 ca!tlf !!I~· t!la · f l A I I 1-·1-~,I~ '1 i • 1r111' ;, I ·~'!~ , • 1,.. . JI ti-iJ i I !tit'! ,ti 1•,!,1 • • 0 ;: I . • ' • .. ,. t I., ,,, • • • .. ~ , 0 I ... I i ~ 11• ... 11i ; 1 · f ~ lri @ al 2 • , ~ r ' , I .. ~ < . ~ ,• ' .... •. . . ~ . • .... :~~~~1'-~~ ~~~~- QFFlC.E.. o~ US1NE.c;s.~NElG~ I:>'£. \IE.LO PME.Ji T C IT'l' \.-\f\LL ~400 So. t:..LA1'l ENGL£. w oon, APR 1 !. 1996 c.o. 80{ \ 0. I· · J • • c, Samuel H. Gilbert, Jr. Tuaday, April 9, 1996 &obertMaoa Cllairma. EllpWOOd ...... Ca" .... 3400 S. Elli St Eapwood, CO IOI 10 ,. • RE: Rezoniiw &om 1.-IA to R.-3 the lot nw11wdiltely North of'Goch Minde Cburcb, Uniwnity 111d Danmoudt AWl!ml. DwSir: I undentmd the Co,;11, ·woa will be comideima d!is ....... applic alion on Tue.day, April 16, 1996. Bec:am I will be out of'town on bawneu, I 1111 wrilina tom the Coii11 .IMOD to wte AGAINST lppl'OVlll of this rezmilc. A thirty unit bip density &cility would be oampetely out of ..... in d!ia Nialiborbood. ,.... you fbr you comidallion. J:-,tJ.]~ Saaiuel H. Gil,en. Jr. SHG:noe ·--·-£ &LUI -·-··· ,..,_. APR 101996 3112 s. ~ It., Er91 aod. 00 ID110 • 3Dll7INl27 • ..,..._. .. I • January 23, 1996 Mr. Harold Stith ·, Nei@hborbood and Business Development Planning and Zoning 3400 South Elati Englewood, CO 80110 • E: Assisted Living Facility Proposed at Dartmouth and University Dear Mr. Stith: It bas come to our attention through a letter fiom r and•ide and throuah concerned neighbors that the above merenced building is being drawn up for application. Many surrounding homeowners mended a meeting at Englewood City Hall in order to understand said plans. Residents to the East were not notified. The neighborhood concerns include: A Rezonin@ B. Increased tref6c/ staff: van transportation, de!Mries, auh hauling, fi:>od services, visitors, medical vehicles. ... C. Parking problems D. Siren noise E. Construction disturbance F. Devalued property G. Locations of electrical and telephone wires H. Drainage G. Strueture too close to residence to the Nonb/ Privacy I. Commercialmrion of our estab6sbed raidenriel neighborhood. This neighborhood is filmily oriented and quiet. There me several childml living on surroundin@ blocks and the increued traffic is of great concern. We will be pthering to organize opposition. Please help us &ghl this proposed three story 35,000 sq. ft. &cility! Sincerely, Nei@hborbood Homeownen cc: Mayor Tom Bums. District 2 Councilman cc : Joyce Foster, Denver Ciry Council cc: Rila Hathaway. Englewood Ciry Council ' .. J I. 0 '32xl • ,. • •, • <. Page2. Siptures in PROTEST of AN ASSISTED LIVING CENTER AT 3095 S. UNIVERSITY BLVD. NAMES ADDRESS .2.;z 'fP €: C,,t., h«er;,£ ,~£444£ .;J~o f; Colu rok; a.. fJ J, '1,q:;i E.. Qr.,..+""~~ M . ., efl3Ca. ~-t& a~ ~~ "'a~A ~4,.,,-.di CW 23'4 E. ~,#i.aue ... aJ1t4,~ M,fltl. 14ub 2f'.1P S. 1}~ W5"" ~ J1,IV4 ,",,.? U t I i" · J.l I ff/« jt-. ac2Ue:2 e. {Ja,,/.rn: .• ,d;t..QJJ{_ ~;. 1() E: a I""" '4r /I 1u, o t &Cf4,u t7, Pt ~t;rll;i. ~. p!fc ,rz,f . ' •. .. I . . 0 'a2xl • ·., • '· Pll@e 2. Signitures in PROTEST of AN ASSISTED LIVING CENlER AT 309S S. UNIVERSITY BL VD. NAMES -C, no • c· , , ,, ~e l!:'S =« wJL6)@1l~ st·M:1).,-:@cut.:M-mcY' ~~ ~~ ADDRESS 1::::~o ~~ ti'T:lt",...~~~"Q... ~ cg ~·ut a:J.f" f . c.lr,.4 fi. Q. ..... ,, Vd.A~ I . • ·. • I. ... 2. Sipbn1 iD PltOTEST of AN ASSISTED LIVING CENTE1t AT 309S S. tJNIVEISlTY BL VD. . , ' ' . . .. I. 0 ·, <. January 23, 1996 -Helene Totiin Englewood Planning and Zoning Commission 3711 S . Fox St. Englewood, co 80110 0.. Ms . Totiin : • • I have just returned from a fflNllng of cillDns who .,. concemed about some unnamed developer's plans to conslrUCI and operale an aailled-llving center for Nllior clllZenl just north of Dartrnouttl Avenue, adjacanl to Ille Miracle Cllurc::tl on Univelslly loulevard. Franldy, I could nol disagree more with my nef,gllborl, w tllougtl I'm sure they believe they .,. doing Ille right thing. While I am sympalllelic to thole who Ive cloNlt to Ille proposed facility. I am quite dllll 111111 that they have reacted with sudl rancor and venom to this proposal. I do believe that the property owners to Ille north .,. liUty to expenence some decrnle in their property values: apparently the developers .. planning that the north side of the facility wil be a mere 20 feet from the property line. I do believe that tllel9 wiU be some loss of "View", though I find it a dubious loss (the side of the dlurctl. and the back of the la,ve VIClOrtan office building). On the other hand , I find that I am supportive of: • the current property owner(s) right to sell for as mud'I as hellhellhey can get. l's unlikely that this land will be sold for single family dwellings even thougtl I ls zoned as R1A-l's too narrow and there isn't any ac:cass. Imagine the neighbors' IHdlons to a McDonald's! • any move to kHP from segregating the eldefty and odMtr lea Independent people away from "main stream• neighborhoods. I am f9d up wlttl the widHprNd alllude that the aged, the infirm, and the less able should be rounded up and helded away from "nClrmal folks". • any move that helps restore the battered tu baa of the city of Englewood. Wllile I may not replace the income of Cinderwlla City, I will help. I am hoping that, as • city official, you wll be able to help Nllle this dlfferalic:a of opinion in some rational way that involves compromiN on bolll lldes, ,et 11111 allowS the COIIIINCllon of this facility . I would propose that the developet might consider moving the fac:llly a Ille fulther to the south (or the west. nearer the offlc:e building). pe,tlaps r9lrile the pi.. to a twCMtory bulldlng from the current three-story plan ; 11111 might induce the neigllbols to be a lttlle lea entrwldled . Maybe some financial assistance for the Inconvenienced adjacent propeity owners wauld help (pertlaps the seller would consider reducing Ille pnce to aallt the buyerwlttl sudl a plan). Thank you for your time. I hope you can help tllem wort I out . MicnHI C.in 2103 E. Dartmouth Circle Englewood, CO 80110 .J .., I· 0 • • C• • • January 29, 1996 Harold Stith Englewood Planning• Zoning 3400 South Elati St., Englewood, Colorado 80110 Dear Mr. Stith, George R. Bodley 2300 E. ColUllbia Pl. Denver, Colorado 80210 I aa writing to ezpre•• ay objection to the saning cbange requeat -de by the vacant property 01mara north of 3095 South Univeraity Boulevard, Englewood Colorado. I own property directly to tbe north of the Snglewood parcel. Tba Englewood property ia preaently soned RlA and ia defined to be uaed for aingle faaily. Thia ia how it ia now saned. Thia 1• what it waa saned when the present owner• pur.c:haaed the property at auction for $30,000.00, and thia ia bow it ahould atay. The present owner• bave no actual coapelling financial intereat in thia resoning requeat other tban to aaxiaise their profit• at the ezpenae of their new neighbor•' quality of life. Their propoaal 1• coapletely out of line with the present saning, and given the aise of the lot and the price they paid, they abould bave no difficulty wbat_..r in conatructing a beautiful aingle faaily dllelling there tbat would be in baraony with the neighborhood. My faaUy bu liwed at thia location for aore tban 30 yeara, and I do not wish to bec:oae the victia of a land apeculator that bu at this point very little ftated intereat the neighborhood, and wiahea to change ita entire cbaracter for bia own gain. I hope you will help to uaure that the land be uaed u it waa intended when the present owner bought an RlA aingle t .. ily parcel. Let tbe buyer beware, not the neigbborbood and our quality of life auffer. May your conacience be with you. q :w,., •. Stn erely, I. L.11._ Geo R. ~;;;.-~ Property owner, 2300 saat Columbia ,1. IMaiiWG -··WWJ N'IIWWWU FE~ -?, 1996 .. I. • • .. CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MA 1TEll OF CASE IRZ-96-01 ) FINDINGS OF FACT, CONCWSJONS ) AND ltECOMMENDA110NS ltELA11NG ) TO THE PROPOSED REZONING IN THE ) 3000 BLOCK OF SOlJTR UNIVERSITY ) BOULEV AIU) FROM R-1-A, SINGLE ) FAMILY RESIDENCE TO R-3, HIGH ) DENSl1Y RESIDENCE ) ) INITIATED BY: JD1l'ltEY DAUS ) OVERLOOlt, U..C ) 3300 EAST FIRST A VENUE '490 ) DENVER. CO 11286 ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Douglas, Dummer, Gmett. Homer, Redpath, Shoop, Tobin, Weber, Muon Commission Members Absent: None This maacr WIS beard before the City PlanniDa and Zoams Ccnnrinion on April 16, 1996, in the City Council Ownben of the En&lewood City Hall . Testimony WIS received from Slaff, from die appli:a1111, al fnlm oppo11e,..,. 1be Commis- sion received notice of Public JlariD&, and the Slaff lteport. wbi:::b Mn incorpolMed iDlo al made a pan of the record of the Public Hearin&-1be Cm-11mm uo received 1eaas a1 petitions from members of the opposition. wbicb M:re incoq,onled iDlo al llllldc pan of the record of the Public Hearing. After considerin& the statrmem of the wilneues, al reviewina the palhW documel•s. the members of the City Plannina and ZoaiDa Coo-oiaioa llllldc the followiDs Fmdillp and Conclusions. FJNPJNGS Of f4C[ l. 111AT the Public Hearin& was iaitiared upon die appli::#im filed by Jeffrey Kraus, Overlook, U.C, 3300 Eut Finl AWllle, Suile 490, Deaver, Colondo 80206, requat- in& a change of zonina for 1.032 acres of land in the 3000 bloc:t of Soulb University Boulevard . l . , • . .. I· 0 1 32xl • • i. 9 . THAT Jack Reutzel, auomey for the applicallls, submiaed Certification of Posting to the Chair, and inlroduced members of the applicam tam. Mr. Reutzel cited uses-by- right in the R-1-A District which might have IS much or grater impact on surrounding neighborhoods IS the proposed usisted livina facility; 1bese uses included educational institutions, public institutions, and religious imtilulions. Mr. Jteuuel C;iiMiiiiemed that the proposed developmed will comply with the R-1-A rattictiom on bcigbl, greater setbacks will be provided than required in either the R-1-A or the R-3 :r.one districls, and landscaping provided will be in compliance with the requiremem. 10 THAT Ms. Nancy Flampn, 2260 East Columbia Place, Demer, spoke in opposition, citing neighborhood concerns reprdiDg deferiomioD of propeny values, 1111inceoa~ of quality of life enjoyed by the neigbborbood resideUI, spot main&, and wiali- Zltion of the neigbborbood. Ms. Fllmpn sugaled that ID urban or neipborbood garden would be ID approprilre development for the subject sile. 11. THAT John Butelmay, 3095 South University Boulevard, pulOI' of God's Miracle Church, spoke in opposition to the p.opoeed ra.oaiD& u I aep.aeamive of the con- gregation . Pastor Butelmay expressed coocems rqardioa 1l'lffic coopstion resulting from the proposed rezoning R-3. Pastor Butelmay sugested that I park developed OD the site would be appropriate; or the Clmcb mipt possibly wlOl to acquire control of the site for their use. 12. THAT Ms. Jane Bremers, 2292 East Danmoutb Aveaaae, spoke in opposition to the rez.onin& request. 13. THAT Beqjlmin Colkitt, 2303 East DanmoUlb Avame, spoke in oppo1ilion to the re- zonin& request. Mr. Colkitt offices in the ·Brown Heme", and exp 111 e di cmarns re- prdina increued noise levels and traffic buuds for pedesUilnl, panicularly ICbool chiJdren. 14. THAT Tom Mc:Canby, 3047 South Claude Coun, Denver, spoke in opposition to the rezoning . 15 . THAT Lew Trenner, 3046 SoUlb Gaylord Slreet, Denver, spoke in opposition to the rezoning. 16 . THAT Fnnces Canwript, 2280 East Columbia Place, Demer, spoke in opposition to the rezonina . 17 . THAT Tom Afman, 2320 East Columbia Place, Denver, spoke in opposition to the rezoning. 18 . THAT Chris Jones, 3001 Soulb Josepbim Slreet, Denver, spoke in opposilion to the rezoning. 3 .. I • • • <. WCJSJQN THEREFORE, it is the decision of the City Plannina ml Zoning Commission that criteria to justify rezoning oftbis subject site from R-1-A, Sm,le-flmily Residence, to R-3, Hi&b Density Residence, bu not been demonstrated by the applicant, ml the request lhall not be recom- mended to City Council. 1be decision WU reached upon a VOie on a mocioD made ll the meetiJI& of the City Pluming ml Zoain& Com,ninion on April 16, 1996, by Mr. Garrett, aecoaded by Mr. Weber, which motion swes: Garrett moved: Weber seconded: 1be Pluming Commission reta1moaMI approval of Cue RZ-96-01, re- zoning from R-1-A to R-3 of ID area in the 3000 block of South Uni- versity Boulevard, with the following conditions: AYES: NAYS: ABSTAIN: ABSENT : 1. 1be R-3 Zomna sbal1 become mill ml void if a Building Permit bu not been issued widuD two years from date of final approval. 2 . Approval is coaclirioaed upon development of the sile u ID u- sistecl living facility u set fonb in PD-96-01. Weber, Muon Tobin. Doualu, Dummer, Gureu, Homer, Redpath, Shoop None None 1be motion failed. These Findings ml Conclusions are effecnve u of the meeting on April 16, 1996. BY ORDER OF THE CITY PUNNING A l.ONING COMMISSION Roben Mason, CbaiJman • I I .. .. I. 0 '32 x l ' . • - COUNCU, COMMUNICATION DATE: June 3, 1996 AGENDA ITEM SUBJECT: Hampden Hills As- silted Living Facility Plumed • b Development INITIATED BY: Jeffrey Kraus for Over-STAFF SOURCE: Harold J. Stitt, Commu- look, LLC nity Coordinator COUNCIL GOAL AND PREVIOUS COUNCD, ACTION; Previous Council Action: Tbc subject site WIS annexed to the City in 1946; zoned R-1-A, Sin- gle-family residence, in 1955; and was pan of the Hampden Hills Baptist Church Subdivision approved in 1964. RECOMMENDED ACTION; NO CITY COUNCIL ACTION IS REQUIRED. This report is informational only. BACKGROUND, ANAL)'SIS, AND ALJANADYIS IDIN MW; A public hearing WIS held by the City Planning and Zoning C'.ommission on April 16, 1996 on an application for Planned Dcvelopmcna approval filed by Mr. Jeffrey Knus on behalf of Overlook, LLC . Tbc applicant had filed a request for rezoning oftbe subject site from R-1-A, Single-family Residence, to R-3, High Density Residence at the same time the application for the PD was filed . The proposed Planned Development, to facilitate the development of the Hampden Hills Assisted Living Facility, was proposed for a site approximately 1.032 acres in siz.e in the 3000 block of South University Boulevard, immediately north of God's Miracle Church on East Dartmouth A vemac. Residents of the surrounding residential neighborhood were present for the Public Hearing, and those testifying ~ unanimously opposed to devel- opment of an assisted living facility on the subject site. The subject site is oddly configured, and was created in 1982, when Parcel "8" of the Hampden Hills Baptist Church Subdivision WIS granted a "subdivision waiver". The site is zoned R-1-A, Single-family Residence, and would accommodate only three or four smale- ' ...... •. .. I . - - ,. • ,.. • ... • , <. family homes becaUSe of the site configuration. The reqwremem to loop Waler lines does fi- D111Cially impact potential development of the site for single-family use . The Planning Commission voted not to recommend approval of the Planned Development ap- plication by a vote of 8 -1. UNANAAL JMPACTi The land is vacn at the praeat time; it appears lbat it will ranaio vacn for die foreamble future. US[ Of AUACffMENTSi Slaff Report PDl96-0l Findinp of Fact PDl96-0l ' . 4 .. • • • TO: Planning and Zoning Commission TRRU: FROM: Rohen Simpson, Manager ofNcigbborbood and Business Development Harold J. Stitt, Community Coordinator DATE: April 16, 1996 SUBJECT: Cae PD-9'-11 -Public ffarin&. Ptopcmd Planned ~ in the 3000 Block Soulb Uniwnity Boulevlld far a 30 mit aailled livina &cility. APPLICANT; Jeffrey Krause Overlook, LLC 3300 East First Avenue, Suite 490 Denver, CO 80206 PllOPQT)' QWNIR; Malireddy S. and Syama M. Reddy 12SO South Parter Road Denver, CO 80231 BEQUEST; The applicant bas submiaed a requat ID 1a1D11e a pacel ofllnd, 1.032 aaea in-. hm R-1-A, Smale-Family Residence Dilcric:t ID R-3, Hip Demity ResWeime Dillric:t. Tllia ..... 1111 bem submitted in conjunction wilb a Planned l>eveqlmeDt applicllion far the clieYmpnent of a 30 unit usisted living facility on the subject property. BECQMMENQADQN; The Neighborhood and Business Development Diviliaa recmmwn ih 1blt the PlanniDa and Zonina Commission :ve the propoeecl Hampden Hills Aailled Uvina Facility Planned Development with the~ coaditioas: I . The Planned Developmmt be appnwed only if the re:Dliaa of the property &om R-1-A, Smale-family Resideace Dillric:t _ ID R-3, Hip DeD1ity residence Dillrict is granted. 2. The Planned Dewlopmmt and IUDIIUll lball became .U and YOid if a Buiktinc Permit for the propoled dnclopment Im DOt bem issued witbin a two-yes period &om the effective dale of final mnina approval. 3. The applicant demoaltrale tbll lbme is adeq-. IIMl" ~ 10 IIIDdle the anticipated load impoled by the ~ dnek\JI _. befare Iba P1aanina C.omnrinioa recommendation is forwarded 10 City Council far &ml approval. H·~lsa.DOC • • I• • LOCATION Of PROPERTY; The subject property is located on the west side of the 3000 block of Soutb Univasity Boulevud and is currently undeveloped. See Exhibit A . BACKGROUND AND ANALVSJS: The subject property is located in the ma bounded by South University Boulevard on the east, East Dartmouth Avenue on the south, East Dartmouth Place on the west, and the Enalewood/Denver boundary on the north. The sunoundin& area in Enalewood is~ R-1-A. The adjacent area in Denver is mned R-1, a zone classification similar to the R-1-C district in Enalewood. The subject property was annexed into the City of Englewood in 1946 and was mned R-1, Residence District. In 1955 this area wu ru.oned to the current R-1-A classification. In 1964, the subject property was subdivided as part of the HAllll)den Hills Baptist Church Subdivision. This subdivision included five lots on the east side of~ Danmoutb Circle, Pan:el .. A" and Parcel "'B". 1n 1982, the owners of Parcel "B" applied for a Subdivision Waiver to further divide this parcel. The approved Subdivision Waiver crated a new Parcel~". which is the subject of this rezoning and Planned Development request. The Hampden Hills Assisted Livin& Facility wu originally proposed to the City in November, 1995 and discussions concemina the development review process to be used were based on the current Planned Development rqulations. The proposed PUD Ordinance is not yet in effect. This proposed Planned Deve~ has been submitted in conjunction with a request to rezone the subject property to R-3, Hiah Density Residence District. While both the rezonin& request and the Planned Development me proceeding concurrently, approval of the Planned Development can only occw-if the raoaina request is approved. Because of this linkaae, the initial analysis of the propoled Planned Development is based on the assumption that the subject property will be rezoned to R-3 . In reviewing a Planned Development the followin& standards are to be applied: 1. Uses permitted . The use of the property which is the subject of the Planned Development, shall be a Pennitted Principal Use in the Zone District in which the Development is located, or a use permitted plD'Suant to other provisions oftbe Zoning Ordinance. If the rezoning to R-3, High Density Residence District, is approved, the proposed assisted living facility would be a permitted use. 2. The Planned Development shall be consistent with the intent of the Comprehensive Plan and the policies therein. The 1979 Comprehensive Plan identifies the aeneraI area of the proposed development as a low density residential area. Such areas me typically zoned for single-family use and are developed with less than ten units per acre. The proposed development of approximately 30 units per acre is more typical of high density development. Bued on this fact alone, the proposed development is not consistent with the Comprebensive Plan. The liousin& Section of the Comprehensive Plan identified the followina aoals: additional units for the elderly H. \OllOUP'IIIOARDSIPLANCOMMIPOIJ60 I Sil.DOC 2 .... ... ., I. 0 '32xl • • • and protection of existing residential neighborhoods, two goals applicable to this proposal. In reviewing the proposed development in the context of the Housing Section of the 1979 Plan it is apparent that the Comprehensive Plan had not anticipated alternative housing types for the elderly beyond the typical fcdcral assisted elderly housing of the day or traditional nursing homes. The assumption of a major federal role in elderly housing has changed significantly as evidenced by the reduction or elimination of many such programs and funding cuts for the remaining programs. As more and more people arc en~ rctiranent age, there is an increased demand for alternative housing types and with the reduced federal role in this area, the private sector has responded by providing developments such as the one proposed. Therefore, this proposed development is consistent in principal with the elderly housing goal of the Comprehensive Plan. The proposed development has been responsive to the nature and character of the neighborhood in which it is to be situated. The scale of the structure has been reduced from an initial 40 unit three-story facility to the present 30 unit two-story facility . The architectural 11eatment of the structure is in keeping with the residential character of the areas and the siting of the structure with landscape buffering on the north and vehicular access on the south have been canied out to protect the neighborhood as much as possible. 3 . The Planned Development's relationship to its surroundings shall be considered in order to avoid adverse effects to the existing and possible future development caused by traffic circulation, building height or bulk, lack of screening or intrusions of privacy. The proposed facility is situated in an area that is predominantly single-family residential in nature. Adjacent to the subject property however, arc two nonresidential uses, a church and professional offices located in a convened three- story single-family residence. The traffic circulation pattern bas been designed so that the flow of vehicles is along the south side of the 11l'UCtw"e. This isolalcs traffic and its associated impacts from the adjacent residential uses. The Traffic Study has concluded that the proposed development will have nealiltl>le impact on the adjlCCllt Sllects and that the Level of Service (LOS) of ibc South University Boulevard/East Dartmouth A venue intersection will remain at a level A or B depending on time of day. LOS is a measure of the efficiency of a roadway to handle traffic flow and ranges from A, delays of S seconds or less, to F, delays of 4S seconds or more. The proposed facility has been situated ccnttally on the property to provide as great a separation as possible from the adjacent uses. The visual impact of the bulk of the structure has been moderated by keeping the height of the structurc within the maximum height permitted for sinale-family structures. A six foot privacy fence and landscape buffering is included to further screen the adjacent residential uses. The plans included with tht Staff Report do not reflect lbe maximum height of 2S feet for the structure, these plans will be available to lbe Commission on Tuesday April 16, 199S. Included with this Staff Report is a statement from the applicant confuming the reduction in maximum height of the structure . 4 . Minimum requirements for usable open space shall be set through the overall dcsian and amenities proposed for development. H.IGROUPIBOAIU>SIPLANCOMM\PD9601 SR.DOC 3 ' .. I • 0 , • • ... The proposed development is required to provide total landscaping that equals 25% of the lot area with 4()0/o of the required landscaping situated in the area described as the front yard and one half of the landscaped area devoted to living plant materials. Based on a lot area of 44,954 square feet, this development must provide 11,239 square feet of total landscaping and 5,620 square feet of live plant material. Additionally, one street tree is required for each fony feet of street frontage . The total street frontage of this property is 170 feet and thus requires four trees on the pro~. The proposed landscaping provides 7,580 square feet ofliving plant material and 3, 150 square feet of non-living plant material and 61 shade, evcrgrccn and ornamental trees. This plan varies slightly from the requirements, but the increased quantity of living plant material and reduced non- living landscape material is more appropriate for this type of development as well as the area within which it is located . 5. The number of off-street parking spaces in the proposed development shall not be less than the requirement of Comprehensive Zoning Ordinance. The number of spaces required for this development is based on the senior citizen residential complex standard of0.75 parking spaces per unit plus one guest space for each five units. The applicant bas indicated that few if my of the residents will have cars on site and that the proposed parking will meet the needs of the staff and visitors at peak hours. The proposed development contains 30 units and would be required to provide 28 parking spaces of which two must be handicap accessible . The proposed development meets this requirement. 6 . Site Plan. The approving agencies shall be satisfied that the site plan for the Planned Development meets all the following requirements : L If the proposed development includes multi-family or DOdlC +idcolti•I buiktinp or stt\lCtUl'eS and is edjecent to • single family residcnlial UK cli9lrict. 1M dewlcfl111ad lbe1l comein • buffer . This development is adjacent to a sinpe-family nsi 1 iel w .aricl, ilc R-1 , ZDOIC District in the City of Denver. A l....w:apod llu8ir ii ,-w ·t1 ---• p.opoNd development and the adjeccnt resiclemiel pi....... n. .... cm.ills of • six foot pnvecy fence in addition to the ._. ead ..... 1M 8'lllb property line. b. Within the Planned Development, sufficient space 1111111 be provided....._ builctinp end llnletUrei, &ivina consideration to their intended u., IMir loc:alicm. claip end heipt, the placement and extent of facina window eraa, end 1M ..... ..,. end ocbcr such other netura1 fcetures es will usure privacy end•.--mvinmem. The proposed development conteins • linclc two-llOr)' buildias end the daip of the buildina is intended to be loc:eled cmllally Oil the end bas the following setbacks : cast -25 feet; IOUlb -42 feet; wat -~~ -30 feet. These proposed setbacks exceed the required ldbacks for this type of development in the R-3 Zone Dimict. Tbcle tetbecks ere peeler then the minimum required in the R-1-A, Zone District . '-If the area of the development is such that en intcmel circulation system is necessary, such a system shall be designed for the type of traffic that will be generated, and all curbs H.IOROUPIBOARDSIPLANCOMMIPD9601SR.DOC 4 ' ..... • I . • . , . • ,. ... at entrances and other access points shall have ramps to facilitate access for the handicapped and bicycles. The internal circulation system consists of a primary access point on South University Boulevard and a secondary access point on East Dartmouth Avenue. The South University Boulevard access point is restricted to a riabt-inlriabt-out movements and the East Dartmouth Avenue will be permitted tull turning movements. To eliminate vehicular congestion at the entrance to the building, a parking space has been provided irnrncdiately west of the porte-coc:bere . To provide adequate fire access to the property, the File Division bu required that the width of the driveway at East Dartmouth Avenue be incrascd to twmty-five feet . This increased width has been accomplished through a Iona-term lease with the property adjacent to the west. .d. Bicycle and pedestrian lrails are to be provided where the City bicycle and/or trail plan or the Regional Bicycle Transportation Plan shows such trail or trail corridor. No trails arc proposed or required for the subject property. '-The site plan shall provide for the maximum preservation of natural drainage areas, vegetation and other desirable features . Currently the entile property is undeveloped and drainage from adjacent to the west flow through this property to South University Boulevard. The drainage plan for the proposed development has been designed adequately convey this drainage to South University Boulevard. The drainage plan has been reviewed and accepted by the Department of Public Works. CJJBBENT ZQNE QISJBICJ; R-1-A, Single-Family Residence District. LEGAL DQCBlflQN; That part of Lot l, Block 2, Hampden Hills Baptist Subdivision, described • follows: Beginning at the Northeast comer of Lot l, Block 2, Hampden Hills Bapcist Cbun:h Subdivision; thence southerly along the east line of said Lot l, a dislancc of lSS.00 feet; 1hence westerly parallel with the south line of said Lot l, a distance of 218.1 S feet; thence IOUlberly parallel with the cast line of said Lot 1, a distance of 166.46 feet; thence westerly panllcl with the IOUlb line of said Lot 1, a distance of 18.00 feet; thence southerly parallel widl the Cllt line of uid Lot l, a distance of 95 .00 feet , more or less, to a point on the south line of uid Lot I; 1hence westerly along the south line of said Lot 1, a distance of 1 S feet, more or less. to a point, said point beina 159.00 feet east of the southwest comer of said Lot I; thence DOl1berly parallel with the west line of said Lot 1, a distance of 41 S .S4 feet, more or less, to a point on the north line of said Lot l, said point being 159 .00 feet cast of the northwest comer of said Lot I; thence easterly alon& the north line of said Lot 1, a distance of 24 7 .34 feet, more or less, to the point of beainninl, County of Arapahoe, State of Colorado . · H·\GllOUPl80AllDSIPLANC0MMIPD9601Sll.D0C s .. I . • .. · ... • The Plannina Commission is required to bold a Public Hearin& on lbe propoad Planned Development The recommendation of lbe Pllnnina Commisaicin to approve, or deny lbe Planned Development must be forwarded to City Council within thirty-days of lbe Public !farin&. Cit;y Council may cboole to bold a Public Hearina on 1be ~ Planned Devel-or lbe City Council may act upon lbe ieco11u11cnMion * Plamina Corna,r.;.;·witbout boldina • Public ffeariaa. Publk: Wprb· Both lbe Draim&e Plan IDd Traffic Study baw been revieMJd wt approved. S,fclx Scakca-firg· W"ldda oflbe Eat Da1mouda Awaue accea must be inc:re11ed by 10 feet w1 a hydrant located on-site. H.~11&.DOC 6 '• • . < . .. • I· • 0 ,,. . .. · .. • OTY OF ENGLEWOOD aca ., '-~...ill &am .. .--· COLORADO ~~ _=_•_:~_~_ ... ., __ :_:_: __ PLANNED DEVELOPMENT APPUCATION~ ~ , 3000 BLOCK OF S UNIVERSITY 261.46' NORTH OF EAST DARTMOUTH AVE Address oCSubject Property: LEGAL QESCRIPUII ATTACHED Applicant's Name: OVERLOOK, LLC Address: 3300 E 1ST AVE STE 490, DENVER CO 80206 Telepboae: (303) 322-5811 Property Owner's Name: MALI REDDY s AND SYAMA M llEDDY Address: 1250 S PARKER RD 1205, DENVER CO B0231 Teleph,ae: (303) 337-4028 Proposed Use oCProperty:. __ 4o_UN_I_T_AS_s_1_sT_E_D_L_1v_1_NG_FA_c_1L_I_TY ___________ _ Submitted herewith is the required &e ot SS00.00 fi>r dis Plmed Devllaf,....., =--1a addition. i understand thal I will be required to poll die .. aperty arma.:z to ape if cMm • by die Depmtmmt oC Community Development. ad to .., fbr die COit fa die tlNII al .......... al die Public ..... before the City Pllllllins & Za ~-·aa 111d blb'l ilae City Oaaci. -*I ... CouDc:il dllamine that It is to the public interest to bold a • an dlis application OVERLOOK, LLC JEFI-REY D KRAUS MANAGER Olice or paliliall beld MALIREDDY S REDDY AND SYAMA M REDDY baii ' ~ Irtbe applicant is Dal the owner otthe property, die~ 111111t be IIOOOG'1.., by die wrinen authorization for such action liped by the owner or owmn al lllld. '!fD-wida a •1111N1C ... by die owner or owners that they ..,_ to be bound by the N11elerions 111d co ditlOIII wllida wiD be eftllc:livl with the approval and recordina o( the Dewlopme.-Plan. . _,._ .. .. I. , -~ ' • Ll!GAL IEDtIPl'I~ PILE RJ. 1030339 NGElCFl • • .. 'DIAT PAR'1' CF IDt 1, IIOOCK 2, IINIPDDf IIIUB aPrI8'I' CllacB SBJlVISJal, ll!SOUBED AS ftUOIS: mGDamG la 'DIE MPnP'AS'1' ORD CF IDt 1, ll[lXJt 2, BN•llDI IIIUS 8UTISt CIIIDI SB>IVISICli; 'DID1CE a»WY AlaG 'DIE IM'l' LDE ar SAID U1t 1, A DISDllll!: ar 155.00 1121'; 'DID1CE WWWW PMNl:11 N1'1II 'DIE fDl'JB LDE CF SAID U1t 1, A DISDllll!: ar 218 .15 1'121'; 'DID1CE SDDIERLY PAR.•!l:11, N1'1II 'DIE IM'l' LDE CF SAID IDt 1, A DIS'IIIID!: CF 166.46 l'!Z'l'; : 'DID1CE WliRLY PJIPNl:11, N1'1II 'l!IE fDl'JB LDE CF SAID IDt 1, A DISlNIZ CF 18.00 l'IZl'; 'DID1CE CIIS01J-w-•:ir Nll&It:11 wrm 'DIE am LDE ar SAID u,r 1, A Dil'IMCE CF 95.00 nzr. IDIE CR LESS, '10 A PODl1' (II 'Im fDl'JB LIii!: CF SAID U1t l; 'DID1CE WESliRLY AI£IG 'DIE fDl'JB I.DE CF SAID U1t 1, A DISala ar 15 !121', IDIE CR LESS, '10 A PODll', SAID PODl1' mlJG 159.00 1'121' rm' CF 'DIE WWW! ORER CF SAID U1t l; 'DID1CE w:RlWY PAR.YIU, N1'1II 'Im lallll' I.DE ar SAID 1D1' 1, A Dil'IMCE CF 415. 54 nzr, IDIE CR U!SS, '10 A IODll' CII 'Im IIJl'lll LIii!: ar IUD 1D1' 1, SAID PODll' IIEDG 159.00 PEZ'1' IM'l' CF 'Im &aiiiUi CDIID CF SAD> 1D1' l; 'DID1CE F.AS'1'ERLY AI£IG 'l!IE ~ LDE ar SAID 1D1' 1, A DISDllll!: CF 247.34 1'121', JOIE CR LESS, m 'DIE PODl1' cit •m•mm, CXXllff CF ARAPAIIE, ffN1'E CF <XUIWX>. • <. KIRIORI NICKEL Fax:!OH94-2822 CONSUL TINC ENCINEEllS l9t6 c:.....,,o,..., ., ......... 1996 April 12, 1996 Mr. Harold Scilt, AICP City of f.apwood 3400 Samia Ellli Slreet EaaJcwvod. Colorado IOI 10 RE: llaapdea H• A••-I.Mas facllcy luildi• lhipt ...._ KM Job Ne. M-'5120'7 Dear Mr. Stitt: . .. • ~ 12 '96 8:25 P.02,02 On bellalf of <Mrlook, LLC, I• wnaiaayou ....... amilioa to .. lluillcllal elevariGns asocialed willa a. H IIJ •• Hills A • 2 • l.iWlfl Facilily. We• cmM1y reYisiat tbe cltvllicms ID releca a••. ..... ..... ol2'-llet ilrdlS p.upcwl llnlc:blre. Tbae revised ...... wiD N I I ·21 •ID,-, .... • April 16. 1996 • -pablic harmg . Plale call• if you uw 111Y q1111m1 or .... -, 11·1..i ... ......_ Sincmly, ~a:: Fred 0 . Tafoya Ill, P.E. Senior Project Engineer FCiT ,.. .... Oftlw,I .............. t w4CD•11·---·MX--- . , •. r • • • - - • • KIRIG91 11104n CONSULTING ENCINEEllS 19,16 c.........., ,0,... .,,..... 1996 April II. 1996 Mr Harold Slin. AICP CityolEI..,..._. J.MM) South Ellli Slrat E~ Colorado IOI 10 · .. RE: Ha.,._ H• Allilttd U¥illl Fadlly -.c,.,, ............ K.'W Jel, No. M-'5121'7 0.,Mr San . . ,. - ~ 11 '96 1s:22 ' ,.. P.02t02 0.-• .,. ....... Da.-.............. On behalf of Overlook. LLC. we provide 1ht Wowins-1 I I as a,..._ of ...... die propcny located at 3000 Soudl Uniwniry ICN*-d. 261 .~ .. nanb of'Eaa Danmouth A~ &om die llUtlhlll .... of'll•l·A to ll•l: Silarcly. ~f Saior Projec:I E...- FGT WI.-OldmllA._.• .... za•C II X4CD•n•cat-...•fUClllt-.az •. .. •· i ------------------~---, .. -------------------------. -, - • .. • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MA TIER OF CASE IPl).9',Gl ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO AN~ LIVING PLANNED ) DEVELOPMENT IN THE 3GOO BLOCK OF ) soure UNIVERSITY BOULEVARD ) ) INITIATED BY: JEFFREY KRAUS ) OVERLOOK, LLC ) 3300 EAST FIRST A VENUE l490 ) DENVER, CO 80206 ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: J:>oua)as, Dummer, Garrett, Homer, Redpath, Shoop, Tobin, Weber, Muon Commission Members Absenl: None This maaer was beard before the City Planning and Zoning Commission on April 16, 1996, in the City Council Chambers of the Englewood City Hall . Testimony was received from staff, from the applicanrs, wl from opponems. The Commis- sion received notice of Public Hearin&, and the Scaff Report. which were incoq,orlled imo and made a part of the record of the Public Hearin&. The Commission also received leaers and petitions from members of the opposition. wbich wc:re iDcCJrporalled imo and made pan of the record of the Public Hearing . After considering the statements of the witneucs, and reviewq the ~ documents , the members of the City Plannina and l.oaiDa Cammjging made die foUowin& Findinp and Conclusions . 1. TBA T the Public Hearing was initialed upon the application filed by Jeffrey Kraus, Overlook, LLC, 3300 East Fint AVCIIIC, Suite 490, Denver, Colondo 80206, request- ing approval of a Planned Developmem to permit devel~ of a two story, 30-unit usisted living facility on 1.032 acres of land in the 3000 block of Soulb University Boulevard . 1 .. I· • • 2 . THAT notice of the Public Hearing was published in the EnalCYt'QQd lfmld on April 4, 1996. 3 . TBA T the propeny was properly posted the minjmum 15 day period, giving notice of the date, time, location, and purpose of the Hearing. 4. THAT Community Coordinator Stitt ratified the request is to approve a proposed Planned Development for an assisted living facility in the 3000 block of South Uni- versity Boulevard. The proposed development will be a tw~, 30-unit struclUre on a 1.032 acre site. s. TBA T Community Coordinator Stitt ratified that the proposed development will pro- vide greater setbacks than required in either the R-1-A Zone District or the R-3 Zone District; landscaping does meet minimum requirements, and, in fact, includes more live plant materials than required; off-street parking complies with mioirrnam requirements, and primary access will be rigbl-in/ripl-out from South University Boulevard, with secondary access from East Danmoutb Aveme . 6. TBA T Community Coordinator Stitt ratified staff recommends conditiom be imposed on the Planned Development, if approved, those coaditioas bein&: a. The Planned Development be approved only if die raoain& of die property from R-1-A, Single-family Residence District to R-3. Rip Density Residence District is granted . b. The Planned Developmeat sball became mil and void if a •™inl Permit for die proposed developmeal bu not been illued wilbin • two-year period from die effective date of final approval . C . The applicant amt deak>mb• lbat lbere is lilleql•Me leWel' capacity to bindle the anticipated load imposed by the p,opoeed dnek,p1• M before die Planning Commission recomrncrdatiom ii forwarded u, City Council for final approval. 7 . THAT Jack Reutzel, attorney for the applicaall, praemect Certificatioa of Posting to the Chair. and iDlroduced members of die applicant tam. 8 . THAT Dr . Michael Pitowski testified to bis c:oncem for livina c:onditiom for senior citiz.eos , that the assisted living facilily will be privaly financed and operared and will not be Wider the auspices of die Federal ao.anmem. Dr . Pitowski leltified that be does not specializ.e in promology. but is a pneral practice/emergency physician. 9 . THAT Dermis Boggio, architect, testified to the efforts of the applicua and the archi- tects to respond to the concerns of the adjoiniaa neipbon in the desip of the pro- posed development . Mr. Bogio testified tbal bis firm specializa in desipina assisted living facilities . 2 ... .. I· -----------------------,.,----------------------- • • 10. THAT Ms. Nancy Flanagan, 2260 East Columbia Place, Dcnftr, spoke in opposition to the proposed assisted living facility OD the subject Ide, CmDI aeipborbood concems of decrease in property values, increase in noise resultiJI& from emerpncy vehicles re- sponding to crises It the facility, ttub removal in early IDDlaing hours, IIIJe dump- sters, increased traffic, and dderioration of their quality of life. 11. THAT John Bartelmay, pastor of God's Mincle Cllurc:h ll 3095 Soudl University Baulevud, spoke in opposition to the l*opoa,d mimd livinl facilily, ciria& concems of increased traffic conaemon. Pastor Bartelmay latified lbll the coapeptioa of the church is of the opinion 1bat the proposed misled liviDa facility is not the proper de- velopmem for the subject site. 12. THAT Jane Bremen, 2292 East Danmoudl Awme, F.npwood, lpOke in opposition to the proposed assisted livinl facility . 13 . THAT Benjamin Colkiu, 2303 East Danmoudl Avenue, Englewood, spoke in opposi- tion to the proposed misled livina facility, expressing concerns rcprding increased traffic , increased noise levels, and incrcued safety risks to pedestrians. 14 . THAT Tom McCanby, 3047 Soudl Claude Court,~. spoke in opposition to the proposed misled livin& facility, citing coacrms of noise emanati,. from bellina and air conditioning units, prt,qe aucks, increued traffic, and a pneral ddaiwdal im- pact on the neighborhood. IS . THAT Lew Trcnner, 3046 Soudl Gaylord, Denver, lpOkc in opposition to the pro- posed assisted living facility . 16 . THAT Frm:es Cartwriabt, 2280 East Columbia Place, Denver, 80210, spoke in op- position to the proposed wisted livinl facility. 17 . THAT Tom Afmln. 2320 East Columbia Place, Denver, 80210, spoke in oppolilion to the proposed usisled livinl facility. aprasins c:oacem reprdina die size of the pro- posed suucmrc in rcwioo to the size of the sile, and wbetber the applicallll can be "ttusfed". 18 . THAT Chris Jones, 3001 Soudl Josephine. Denver, leltified in opposition to the pro- posed assisted living facility . Mr . Jones llalled lbll be is a licemecl arcbitect, and lik- ened the size of the proposed ltnlCIUl'e to the equiv.-of 10 to 12 lina)e-family homes on 1.032 acres . 19 . THAT Rosan Barcnlsen, 2290 East Columbia Place, Denver, spoke in opposition to the proposed assisted livinl facility. 3 • . I . ' , • • <, 20. THAT Fred Tromley, 3104 South Vme Court, EnaJewood, lpOke in opposition to the proposed assisted living facility. 21. THAT Frances Wqner, 3015 South Gaylord, Dem<er, spoke in opposition to the pro- posed usisted living facility . 22 . THAT members of the applicant tam responded to coacems expresaed by opponents reprdina noise aeneranon. sewer capacity. 111d paeral emenities for the residents of the propmed assisted living facility. 23 . THAT the Commission receiwd leaers in opposilion from Rw S. Lowell, 3000 East Floyd Avenue; Frank C. and Ethelyn H. Miner, 3121 Soudl Vine Street; Sandra H . ICeaelhut, 2299 East Floyd Place; Mm Flampn. 2260 East Columbia Place; 111d 26 pages of signalures from oppooem. CQNCJIISJQNS 1. TBA T ID application requestins approval of a Planned De~ for the proposed assisled living facility in the 3000 block of Soudl Uaiwnity Boulevard, was filed by Jeffrey Kraus on behalf of Overlook, U.C. 2. THAT public nolice was properly Ii~ by publication in the frflllnrpgd llmld on April 4, 1996, 111d by poslina of the property . 3 . THAT testimony, both wriaen 111d vabal, was receiwd from llaff, from lbc appli- cams, 111d from oppomms, which is incorponlmd iDlo 111d made part of lbc record of the bearing . 4. THAT die request for rezonina the lile from R.-1-A, Sinp-family laffl-c, ID R.-3, High Density Residence, bu not been l'OCOIIMNIC#Me'I for approval by lbc Plumina Commission . . 5 . THAT die propoaed assisied living facility is not a penniaed me in die R.-1-A, SiD&Je- family Residence Zone Disttict. THEREFORE, it is the decision of the City Plannina and Zonina C.nnwniuion daat lbc ~ posed Planned Developmenl to allow developmelll of ID auilred livina facility in the 3000 block of South University Boulevard should not be approved . 4 ' • . I· , -----------------------i.---------------------------::-,-- • • ,. . . • • ---·--~\.-----~---~---~~--~-- The decision was reached upon a voce on a motion made at the meelina of the City Planning 111d Zonina Commission on April 16, 1996, by Mr. Gurett, leCClllled by Mr. Homer, which motionswa: Garrett moved: Homer seconded: The Plannins Co@oissu m:ommml approval of Cae IPD-96-01, Plumecl Dewlopment for ID lllisled livq facility in the 3000 block Of South University Boulevard, with the foUowiDc m,dilioas: AYES : NAYS: ABSTAIN: ABSENT: 1. The Planned Developmem shall be approwc1 oa1y if the rmuna of the property from ll-1-A, Sqle-family Pn.-:e Dillrict, ID ll-3, Hip Demity Residence Dillrict, is pmad. 2. The Planned Developmem 111d remniDs shall become ..U 111d void if a Buiklina Permit for the propoeed developiNIM 1111 not been issued wilbin a two-year period from the effective dale of fiml zomDI approval. 3. The applicut amt deal!Db• dial there is ldequlle aewer ca- pacity IO handle the IDlicipaled load impoled by the propoeecl de- velopmem. Weber Doualas,Dummer,Garrett,Homer,Pedpllb,Sboop,Tobin,Mason None None The DIObOll failed. These Findinp 111d Conclusions are effective • of the meelina on April 16, 1996. BY OltDEll OF THE CITY PLANNING A ZONING COMMISSION Roben Mason, CbairmaD k\il\il•cqpl ..... ~·1111·, ... , __ .,.... ... . . •. .. I . • Date June 3, 1996 INITIATED BY Utilities Department • t• • ·, COUNCIL COMMUNICATION Agenda Item Subject 10 a 1 Engineering Analysis of Englewood's Wm.er Supplies and Demand STAFF SOURCE Stewart H. Fonda, Oiredor of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The last comprehensive study of Englewood's water rights wu conduc:led in 1976. There have been numerous court cases and negotimions which have materially altered Englewood's portfolio. It would be highly advantageous for the City to complete this work prior to negotiations with Centemial Wat.er Distrid over restNcturing cf the water supply contracts that currently exist between Centennial and Englewood. RECOMMENDED ACTION The Englewood Water and Sewer Board recommended, at. their May 21, 1996 meeting, Council approval by matiaft of the proposal from Martin .................... _....,. cf EnglNood'a w-. Supplies and Denwld 1n ._ amcxn d illl.aao.oo. BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIFED Martin & Wood Water Consultants has submitted a proposal for engineering wvicea for an analysis of Englewood's water supplies. Martin & Wood is PfOpoling to delaibe and quantify Englewood's water supplies, quantify the present water requirenwu and ful\n water requirements at maximum buildout, identify limiting factors which in regards to Englewood's realization of yields, identify those water rights and the yields which .. necnaary for Englewood's own use and what is available for leue to Centennial w .. and Sanitation District. The report will also provide rec:ommendation to improve Englewood's yields from its various water rights. The proposal should evaluate the following water rights: Englewood's senior main stem rights, McBroom Ditch, 1862 Olsen and Bell Ditch, Guiraud Ditch, Dwlbar' No. 3 Ditch, Demick Ditch, J .D . Brown Ditch, Boreas Pass No. 2 Ditch, Como Reservoir, Ranch Cl'Nk Collection System, Thornton/Westminster Standly Lake and the Denver Evapcution Agr'Nment. ' ...... •. I· .r-------------------- • • (. FINANCIAL IMPACT The Martin and Wood proposal for the EnginNring Analylil d Englewood's Water Supplies and Demand 11 estimated to range betWNn $30,000 and $35,000, with • mmcinUn cost d $35,000. It is anticipated that the study can be completed ISlder' the c:urent budgeted 8fflCU'lt for water rights engineering. UST OF ATTACHMENTS Propoul from Martin and Wood dad April 30, 1996 for Engi-i ig Analy9il d EliglNood's Wat.• Supplies and Oenwld. • , . < . .. I __________________________ , ____________________________ _ • • • MARTIN AND WOOD Mr. Stewart Fonda Utilities Director City of Englewood 3400 So. Elati / Englewood, Colorado 80110 Dear Stu: • t~ • April 30, 1996 6U2 Park /biDt Dr. Suite 276 GoldeD, Colorado 80401 FAX (JOO) 626-2624 (303) 626-2600 Re: Engineering Analysis of Englewood's Waaer Supplies and Demand Job No. 1S9.l At your request we are submitting this proposal for engineering services required to perform an analysis of Englewood's water supplies and their ability to satisfy EncJewood's water requirements. Generally, we propose to (1) describe and quantify each of En&lewood's water supplies over the historic 1952-1980 study period; (2) quantify Enclewood's present water requirements and her future water requirements at maximum buildout; (3) identify factors which limit Englewood's realization of yields available from her various water rights; ( 4) determine and identify in a general manner those water rights and their yields which are necessary for Englewood's own uses and those water rights and their yields which are available for delivery to Centennial Water and Sanitation District; and (S) m:ommend actions to improve Englewood's abilities to realize yields available from its various water rights. Specifically, we propose the following scope and methodologies. I. Description and Quantification or En&lewood's Water Supplies A. Englewood's Senior Main Stem Rights For the very senior water rights owned by Englewood in the Pelersbuq, Nevada, Platte Canyon, Brown and City Ditches, we will calculale daily yields over the 1952- 1980 study period and prepare monthly summary tables of the yields of each water right and of all of the water rights. Yields will be calculated in a two-stage manner u follows. Streamflows available for diversion will be (I) the calculated historic accretions in the Waterton-to-Littleton reach of the South Platte River, and (2) the calculated ·natural streamflow• at ' ti : ' .... ' ' I. 0 • • I• ·, • Mr. Stewart Fonda Page 2 April 30, 1996 Denver's intake in Watenon Canyon . Englewood's water rights in the Chatfield-Union A venue reach will be meshed with other senior water rights in the same reach, and the available strearnflow (i .e., the calculared water accretions) will be distributed among all rights in this reach according to their presently decreed rates of diversion as limited by historic river calls. If all of Englewood's water rights are not fully satisfied from such strearnflow, then all of the unsatisfied water rights in this lower Chatfield-to-Union Avenue reach will be meshed with the senior rights in Waterton Canyon, and the historic •natura1 strearnflow• calculated at Denver's Waterton Canyon intake will be disttibuted on a priority basis, as limited by historic calls, amon1 both the senior Waterton Canyon rights and the unsatisfied Chatfield-to-Union Avenue ripts. (We have already prepared a computer program to perform these daily yield analyses. Remaining tasks here are (1) to modify and to calculate ·natural stteamflow• at Denver's intake; (2) to verify our listings of senior water rights in the two reaches; and (3) possibly to calculate historic Waterton-to-Littleton accretions on a daily basis .) B. Eqlewood's McBroom Ditch RJabts 1. 1989 Municipal Riaht for 16 cfs We propose to incorporate the daily yield studies from the 1941-1985 period which we prepared for Englewood's litigation of the junior, 1989 ri&hts which the Water Coun awarded Englewood in Case No . 89CW063. These studies used recorded streamflows at the Bear Creek gage at Sheridan, just below the McBroom Ditch headgate, and records of historic calls. We propose to prepare monthly tables of the amounts of water available in-priority under Englewood's 1989 priority, as well as amounts physically available from Bear Creek which could be augmented under 89CW063 . 2. 1159 Jli&ht Cbaapd to Muaidpal Use la Case No. IICWJl3 Because this water right is the number one priority in Bear Creek, and because the changed diversion rates which the Coun approved for En&lewood's municipal use are so small, a brief examination of recorded streamflows of the Morrison gage will be made to determine if historically there were ever any periods during which the flow of Bear Creek was insufficient to satisfy Englewood's changed McBroom Ditch rights plus the unchan&ed one cfs in McBroom Ditch still owned by others. Reductions from the decreed entitlements will be made for any periods of insufficient flow, and tables of monthly yields will be prepared . ... I • Mr. Stewart Fonda Page 3 April 30, 1996 C. 1862 Olsen and Bell Ditch • (. \, This water right, changed in Case No. W-8271, provides water from wells to irrigate the Englewood Municipal Golf Course. We propose to qrepte this water right and the demand for irrigation water from the golf c:oune from the yield studies othawise described herein. Because this water right is so senior, and because the water which it can provide is sufficient for the 1olf course, we will separate both its supply and the golf course's demand from the study. D. Guiraud Ditch Under the change decree entered for ThomlOII in Cue No. W-8345, Englewood may divert from the South Platte River at Chatfield Raervoir between 0.4 ds and 0.6 cfs during the months of May, June and July. Daily yields will be calculaled usin& historic records of call on District 23 (South Park), assufflin& that sufficient waler was always physically available at the ori&inal point of diversion, and a monthly summary of such available yield will be prepared. E. Dunbar No. 3 Ditch Under the change decree entered for Thornton in Cue No. MCW57, and pursuant to stipulations reached with Thornton, Enpewood may dMrt at Cbadield Raervoir 0.30 cfs of the May 30, 1880, priority originally awarded ID die Dunbar No. 3 Ditch, located in South Park. Daily yields will be cak:ulaled usin& lhe mechodology described above for the Guiraud Ditch, and a monthly summary table will be prepared . F. Demick Ditch By stipulation with Thornton in its c:blnae ol lhe lffl Demick Ditch water ri&ht in Case No . 86CW222, Thomton is ID provide &tclewaod widl up ID ten acre-feet upon certain conditions . We propose ID dacribe Ibis 111-. but we propose to perform no analysis of its yield due ID its relaliwly small size. G. J.D. Brown Ditch In Case No . 85CW324 the Wa= Coun approved a cbuF of waler ri&ht of Englewood's J .D. Brown Dirch priority to the City's municipll use . This chanced priority for 0.59 cfs is to be diverted from Bi& Dry Creek at a location very near Englewood's Allen Filter Plant. Daily yields will be calcwated baad upon hisloric call records, assuming that a sufficient flow in Big Dry Creek is available, and a monthly summary of yield will be prepared. ' .. I. --------------------~----------------------,----~------- • Mr. Stewan Fonda Page4 April 30, 1996 H. Boreas Pass No. 2 Ditch ·, - We propose to collect recent diversion records followin& Englewood's rehabililation of this transmountain diversion structure and cabulate them along with other records of historic diversions. Based on these records and other available infonnalion, we propose to describe in approximate terms the yield anticipaled to be available from this water right. I. Como Resenolr In Case No. 85CW393 the Water Coun awarded Englewood a conditional 7,900 acre- foot storage priority in South Park from Trout Cleek, Tarryall Creek and Park Gulch. At this point, we propose only to describe this water right and not to perform any yield analyses. J. Ranch Creek Collection System Denver's obligations to deliver •Basic Delivery Water· and ·Paid Delivery Water· under the August 11, 1995, agreement will be described. No yield analyses will be performed. K. Thornton/Westminster Standley Lake As a result of Englewood's settlements with Thornton and Westminster over these two cities' changes of their Standley Lake water rights (Cases 89CW132, 86CW397, 88CW267 and 89CWl29), Englewood is to receive 75 acre-feet of consumptive use water each year, and from zero to 375 acre feet of additional consumptive use water, depending on the extent to which Standley Lake fills each year. We propose to gather and prepare a summary of actual delivery requimnents from the initial year of 1992 to present. We will then present a general description of expected deliveries, but we will not prepare any analyses of the yield from these apeements. L. Denver Evaporation Ap-eemenl In partial settlement of Englewood's complaint 111,inst Denver in Case No. 90CW82, Denver agreed to provide up to 750 acre-feet per year to make up shonqes in the supply to those senior Englewood water rights described in this proposal's item I A (1) above . We propose to assess the results of the yield analyses described in item I A (1), above, to identify the extent to which this apeement could be exercised in order to enhance the yields of these revised water rights. •. .. I . 0 • Mr. Stewart Fonda Page 5 April 30, 1996 0 I • - M. 1948 Mcl..ellan Reservoir (4616 acre-feet); 1990 Union Avenue Intake (38 cfs); 1990 City Ditch Outlet Manifold (38 cfs); 1990 Mcl..ellan Reservoir Enlaraement (1510 acre-feet); 1990 Mcl..ellan Reservoir llellU (4616 acre-feet) • The daily yields from this junior set of Eil&lewood's waler ripts will be c:ak:ulated in a sequential manner as follows. Streamflow available for diversion will be c:alc:ul•ted by taking recorded flow at the USGS Littldon pae for 1952 lbrou&h 1976 and the Corps-calculated inflow to Chatfield Reservoir for 1976 duough 1980. Flows It Littleton will be reduced by 15 cfs in the winter and by 40 ds in the summer to reflect diversion of water needed by senior priorities, namely by &glewood. The Chatfield inflow will be reduced further by 40 ds during the summer to reflect the remaining active entitlements to water by users of The Nevada, Last Chance and City Ditches. Then, from the remaining flow and only under historic free river conditions, yield under the 1948 Mcl..ellan right will be calculated as up to 58 cfs as further limited to an annual volume of 4,616 acre-feet. (The rate of 58 cfs, of course, relates directly to the design capacity of the new piping of City Ditch down to the City Ditch pump station. However, this rate of 58 cfs is nearly identical to Eil&lewood's contractual right with Denver to carry &glewood water in the High Line Canal when it is divening its 1879 irrigation priority. For this study a Jingk filling rate of 58 cfs will be used .) Next, we will reduce available streamflows by 774 cfs for Denver's 1962 Strontia Springs direct flow rights and by 100 cfs for Aurora's 1964 direct flow ri&ht. (We will also perform a parallel analysis which will disregard the impacts from these two senior rights in a manner similar to Crai& Green's ·can-and-wiU-analysis for Centennial's application in Case No. 93CW179.) Next, reflecting Denver's 1977 municipal storqe priority for Chatfield Reservoir, Ill of the remaining flow each day until an annual volume of approximately 10,000 acre- feet has been reached will be attributed to Denver's exercise of its storqe ri&ht. (We may modify this annual ·tm· for Chatfield Reservoir after discussions with Denver Water.) Admittedly, such treatment is perhaps at variance from Denver's contractual obligations to keep Chatfield Reservoir panially full for recreational purposes, and it is clearly at variance with Denver's storaae of other waters in Chatfield and its exchanges of water by releases from Chatfield. It is also It odds with Denver's use of an operational year beginnin& on April l. However, there is no practical way to consider prospectively Denver's actual use of Chatfield Reservoir in the context of its overall operation of its complex and widespread water collection and storqe system. This proposed treatment of Chatfield Reservoir is reprded as conservative and ., I . 0 • Mr. Stewart Fonda Page 6 April 30, 1996 <. • I• • limiting in so far as its treatment of the yield of En&lewood's junior f990 water rights. Next, reflecting the 1980 20 cfs DOW fish raring priority at Chatfield and numerous 1984-1988 Centennial rights to direct flow and for storage, these DOW and Centennial ri&hts will be recopized under historic free river conditions from the remainin& river flow at a raie of 150 cfs from April duou&h Oclober, and at a raie of 170 cfs from November duou&h March. Then, from the remainin& flow and only under hiSIOric: free river conditions, up to 38 cfs of the remainin1 flow will be calculaled u the yield of EnaJewood's two 38 cfs rights--the 38 cfs right at Chatfield under 90CW222 and the 38 ds right at Union A venue under 90CW22 l. Even though these rights are separate and are not constrained to be operated as one 38 cfs ri&ht, partly for simplicity this analysis will calculate yield under only one such 38 cfs priority. Next, the yield for Englewood's 1990 McLellan Enlargement for 1510 acre-feet will be calculated from the remainin& flow under historic free river conditions, u limited . t by a maximum rate of diversion of 58 ds, u described above for the 1948 McLellan priority, and as limited by an annual volume of 1510 acre-feet. Last, the 1990 McLellan Refill right for 4616 acre-feet will be calculated as limited by 58 cfs and as limited by a flow rate of 58 cfs. Monthly tables of the yields of each of EnaJewood's water rights will be prepared. The yield study will pay no regard to transmission and storap limitations at this point in the analysis. Also yields and a summary table of water physically available, but out-of-priority and augmenlable, will be prepued for the 1990 38 cfs direct flow priority . D. En1lewood's Water Demands A. Present Demand Englewood's municipal uses of water over the put fifteen years, durin& which Englewood's population has &enerally remained at approximately 30,000, will be tabulated on a monthly basis and used u an expression of En&lewood's present demand. .. I. 0 'J2xl • Mr. Stewart Fonda Page 7 April 30, 1996 . (• • Englewood's requirements for water for irrigation of its parks will be identified, as well as its minimal obligations to supply water to Uttleton and to South Suburban Parks and Recreation District. B. Future Demand Enclewood's future demands for municipal water will be cak:ulated u follows. Enclewood's present in-house uie will be caJculated u EnaJewood's praent IIOCal use Jess Englewood's present iniption use. Enpewood's future in-boule use will be calculated on the basis of the ratio of Enc)ewood's future pop•Jation to Eqlewood's present population. Then, Englewood's total future use will be calculated u the sum of Englewood's future in-house use and Enpewood's present irription use, and adjustments will be made based on the meter conversion prosram. m. Water Supply and Demand Assessments of Enclewood's needs for water from her various sources of water will be conducted for both EncJewood's present and future demands. These assessments will be general in nature in that they will simply ascribe a minimum set(s) of finn water supplies necessary to satisfy Enpewood's own needs for water. The remaining set(s) of Englewood's supplies will then be described u bein& available for Jeue to Centennial or to others. The selection of these sets of water supplies will depend on the outcome of the yield analyses. We do not anticipate creanns every conceivable set of water supplies which could be obligated to supply En&lewood, and the resultant sets of ri&hts which could be available for lease. We anticipate that the preparation of the repon-includin& the analyses of yields and present and future demands-will allow the reader to reach his/her own conclusions in these reprds. B. Lbnitations We propose to identify present capacities of En&lewood's raw water diversion and storage facilities as they relate to the yields for the individual ri&hts. We will further identify such limitations of diversion and storace facilities and, where appropriale, recommend actions to alleviate such limitations. •. .. I. 0 Mr. Stewart Fonda Pqe8 April 30, 1996 IV. F.naineerinl Report · ... . . • ,. • • We propose to prepare a thorou&h en&ineerinl report describin& all of the yield analyaes, . presentations of water demands, and the auessments of water supply and water demand. V. Calculation Notebook We will put topther a ICt of two notebooks conlainin& the raults of yields camp1IIICI for each water risht. An example of the cak:ulations will be provided. We will tnnllllit ID Englewood one of the notebooks, and we will keep the odler. We propose to charge our costs on an hourly basis in accordance with the aaached Schedule of Hourly Rates and Expenses. We estimare that the total cost of our ICIVica will ranee between $30,000 and $35,000, and we airee not to exceed a maximum cost of $35,000 unless we obtain approval from you to do so. As we discussed with you by telephone, we would be happy to review the report with the Utility Deputment Scaff and to dilcuss means of implementing operational procedures with staff, but these effons ue DDl included in this proposal and would need to be undertaken under separate authorization. We would be happy to meet with you to discuss and explain this proposal. Very truly yours, - City of Englewood JTW:fb cc: Mr. David Hill . . • I • ' I. 0 • . ~ • ... SCHEDULE OF HOURLY RATES AND EXPENSES SCHEDULE A JANUARY 1, 1996 CLASSinCA110N ltATE PER BOUR Principal Engineer or Hydropolopst S 95.00 Project Manager S 75.00 Project J;aainea or Project Hydropologist S 65.00 Staff Engineer/Slaff' Hydropolosist $55.00 Draftspenon/ Technician S 35.00 Typist S 30.00 OTHF.R CHARG~ Vehicle Mileage 35 cenll/mile Outside Services And Expenses Cost plus 10" ,______.. ' • • ' ; I. ' I 0 • • I~ • - COUNCIL COMMUNICATION o ... Subject June 3, 1998 10 a 11 City Dilch License AgrNIMnt with Arapahoe CCUlly NTIATEDBY Utilities Department STAFF SOURCE S1awart H. Fonda, Dnc:IDr ol Utilities COUNCIL GOAL AND PREVIOUS COUNCL ACTION None. RECOMMENDED ACTION The Water and Sewer Board, at their May 21, 1998 fflNting, NCOmmended Council approval by Ordinance of the Lic:ense Agreement with Arapahoe County for Cl'Olling the City Ditch with a fiber optic cable in conduit. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTFIED The License Agreement Is for Arapahoe County ID instllll an undergnu,d fiber optic cable In conduit under and along the City's right-of-way for the City Ditch . The Cl'Olling II to be an undlrgrQund tlber optic cable in conduit and installed at a depth and horiZontlll eeparation ID malnlaln c:leawa from the City Ditch pipe, as reqund by the Ulililin Department. The cable lnltalalion Cl'Olling II proposed at a section of the City Ollch located at approxlmataly where UlllelDn Blvd. becolMI MIiin Street at Court Place, on the northwHt side. The Licen ... expressly assumes ful and ltrlc:t llablllty for any and al damages ol ew.y nalln to person or property caused by the point or points where the Ucanw petforms any work In COi• iec:lioll with the crossing provided by the Ucanw. The Clly ......ves the light to malca ful UN ol the property necessary In the operation ol the City Oilch . The Cly relainl al rtgta to operall, malnlaln, install , repair, remove or relocawd any ol ill' fac:llliel localad wllt*I ttw City's rtgt,t.of-way. FINANCIAL IMPACT None. UST OF ATIACHMENTS Bill for Ordinance LicenN Agreement betwNn the City ol Englewood and Arllplhoe County . .. I . 0 • • '!-,. . : t\ :t."-Y-S-· =-~:-..:::..:; . . . ·IC 1 . .., ..... -.. --.... . . . T 0 --: a ;;; 1 : ;=-==ii,:=::: ' 1= BROS 5 ,.-.J : ··--·-•----.: : . -: :.--·---· c·---N WOODLAWN 1 -. r. =-~~~--:-.-=::== : .. . . --· · ,-... -a----·--· · :-.u;--:=---: ... o.:-o:r:x= =: ; : . • ~ .. • ;: : ;-··-::---··· : .: A OD . I It -:11 I tu ::a:• 11 !:11 11 ~:,, .:u; I .• -. .• .a \ I . I I I I ' • • "I . c•n·~"" :!': :i:.· ;•1JLLcREsT;'~,~: .• l" .::KEY!-._ \r .,. , . ,. ~· •·•; .. n: ••·· ·. . ••; ! • . ! . '' :_A " ·o· ·f,• '··'\ M' ~,,.,~ ... ; . u -~ . \ 'l .. J ,HTS1, · . . I H :. != .... STATEADD 2 · •• ~· I ·p.Qllir ·Qr CROSSING C HOOL DIST 8 ~~-~-~ t iT ::L : E : ~ ••• ... -· :I . F I i •• . •• T L u N .. •· ~AOISON GARDENS • WINDERMEHE HTS Underground Fiber --- A1rial ll'lber ,,,.,.. • I • i I . I • PARt~S .. I. 0 ORDINANCE NO . _ ~OF1996 • · ... • BY AUTHORITY AIIU.JOa CXIUIICIL 91U. IIO. 10 , INTBODU~ BY COUNCIL ....... ILWll.it.Wt.Y AN ORDINANCE AUTHORIZING AN INTERGOVBllNIIENTAL LICENSE Ml CI UIWDN TIIB MAPABOa OOUll'ff IIOAIID OI' OOUllft , .. COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO MAPABOB COUNTY CROIIPHG CITY Dl'l'CII Wl'l'B 11m OPl'IC CAIILI: Df CONDUIT. WHEREAS, Arapahoe County wiahN to imtall a 'ffld pwww.d fiber optic cable iD conduit llllder the City of Eqiewood'• City Dtt.ch ript-Gf._y located at apprcmimatiely where Littleton Boulevard --.. llaiD Street at Court PS..; and WHEREAS, the LicmN ~t Nta forth that the Arapahoe County Board of CommiNionen aNUlllN full ad lltrict liability far ay and all damapa of f1ff1rY nature to penon or property c:auaed by the point or paints WMn Arapahoe County perfanu ay work in connection with the crouiDc ol the &ber optic cable canduit; and WHEREAS. the Lic:eme ~t Nta forth the City'• ript to make full 11N oftbe property n-.ry in the operation of the City; and WHEREAS, the City of Eqlewood retaim all ripta to operate, maintain, iuta11. Npair, remove or relocate any of the City'• facilitiu located within the City'• ript4-way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOU.OWS: 5ertim 1. The "l.icmae Alr-t" attacbed u 9Emillit A•, with tbe _...... c-ty Board of C-mi....-. ia __, acmpll8d and .... o+.d by the-.., woad City c-il. The Mayor ia autJM.iwl to a.ate and tbe City Ca.It to a&tiNt ad w1 the /cJ I I at far and CID behalf of the City of EDpwood, Colorado. Jntrocluced, read in full, and pll8Nd CID ftnt nadiDi CID tbe 3rd., of .r-, llN. Publiabed u a Bill for an Ordinance on the 8th clay of June, 1996. ATTEST : Loucriabia A. Ellia, City Clerk -. ' ' .. I. •. 0 1 J2xl • • ·, • '· I, Loucrilhia A. Ellia, City Clerk aftbe City afEapwood, Colorado, banby cartify that the above and fonpillg is a true copy of a Bill for an ~. iD~ reed iD full, and paued on tint readiDc OD tbe 3rd day af June, 1996. -2- . I . , • . .. I. 0 • 1 32x l • • • - . ~ ':'' . LICENSE AGREEMENT THIS AGREEMENT, -d• and entered into aa of th• day of , 1t '"b_y_a-n"'"a-s.-tween th• CITY OF ENGLEWOOD, a aunicip-a""'i ___ _ corporation of Colorado, hereinafter referred to a• •city• and .. . Ara po hoe county._., .... .._ __ ._ __ ...._ ___________ _ ---, hereinafter referred to aa •Llcen•••,• WITNESSETH: The City without any warranty of it• title or intereat whatsoever, hereby authorize• Licensee, it• succesaor, asaigna, to inatall a Fiber O~tic Conduit under the City's rights-of-way for the City Ditch, deacribed a• a parcel of land situated in the West Corner of Section 16 , Township _ __.5_..5"4gµ..,,_..:t.,,.h ________ _ Rang• 68 West of the 6J'h P.M., County of Arapahoe, State of Colorad·-o-an""'id ...... ~i~y'Tl~n~9~wTI"r'thl"'in the following described linea: The above-described parcel contain• __ ..... ______ _ acres, aore or l•••· 1. Any construction cont .. plated or perforaed under this License shall coaply with and conform to standards formulated by the Director of Utiliti•• of the City and such construction shall be .performed and completed accordin9 to the plans, consistin9 of one •h••t, a copy of which i• attached hereto and aade a part hereof. 2. Th• Licensee shall notify the City's Director of Utilities at least three (3) day• prior to the tiae of coaaenceaent of the construction of, or any repair• aade to, License•'• · Fiber Ottlc Conduit ~~~~~~~~sot at the City aay, In lta diacretlon, Inspect such operation•. 3. Within thirty (30) days froa the date of th• coaaenceaent of conatruction of said I ) ~ I • I T A .. • . .. I . 0 • • • (. Fiber Optjc Condujt the Licen••• ahall complete such conatructlon, place and aaintain permanent, visible marker•, of a type and at auch locations aa deaignated by the City's Director of Utilitiea, referring to the centerline of the inatallation and ahall clear the croaaing area of all conatruction debris and reatore the area to it• previoua condition aa near as aay be reasonable. In the event the placing of the centerline aarkera and the clearing and reatoration of the croaain9 area 1• not completed within the ti•• apecified, the City aay complete the work at the sole expenae of the Licena ... 4. The City shall have the right to aaintain, install, repair, remove or relocate the City Ditch or any other of its facililties or inatallationa within the City'• righta- of-way, at any time and in auch aanner aa the ~ity de ... necessary or convenient. The City reaervea the excluaive right to control all easement• and installationa. In the event the Fjber Optjc c~ndutt ahould interfere with any future use oft e C ty•a rights-of-way by the City, the Licensee shall, upon requeat and at its aole expense, relocate, rearrange, or remove it• inatallationa ao aa not to interfere with any such use. 5. Any repair or replacement of any City installation aade necessary, in the opinion of the City•• Director of Utilitiea because of the conatruction of the fiber Optic coidujt or other appurtenantnatallatlon thereof, ahall be aade at the aole expenae of the Licenaee. 6. The atipulation and condition• of thia Licenae ahall be incorporated into contract apecificationa it the construction herein authorized ia to be done a contract baaia. 7. The right• and privilege• granted in thia Licenae ahall be aubject to prior agreeaenta, licenaea and/or grants, recorded or unrecorded, and it shall be the Licenaee•a sole reaponaibililty to determine the exiatence of aaid dOCU11enta or conflicting uaea or inatallationa. a. The Licensee ahall contact and fully cooperate with the City'• peraonnel and the conatruction shall be coapleted without interference with any lawful, usual or ordinary flow of water through the City Ditch. Licensee ahall aaauae all riaka incident to the poaaible presence of auch waters, or of storm water•, or of aurface water• in the City Ditch. t. All trench•• or hole• within the City's rights-of-way ahall be backfilled and taaped to the original ground line. in layer• not to exceed aix (6) inchea loo•• ... aura to a coapaction of ninety per cent (901) Standard Proctor Naxiaua Denaity • .. I . 0 0 • • (. 10. Licensee, by acceptance of thia licenae, expreaaly aaswaes full and atrict liability for any and all daaages of every nature to peraon or property cauaed by water froa the ditch leaking through the ditch banka or pipeline at the point or point• where the Licenaee perforaa any work in connection with the croaaincJ provided by thi• license. Tb• Lic•n••• aaaua•• all reaponaibility for aaintenanca of the inatallation. To the extent authorifad by i.v, 11. Licena•• ahall ndeanify and aave harlll .. a th• City, it• officer• aand a.ploy ... , against any and all claiaa, daaagea, action• or cauaea of action and expense• to which it or they aay be aubjected by reason of aaid ribefu!PPtjc Con~j~ being with n a acroaa aer th• pr•la .. of the City or by reaaon of any work done or oaiaaion aade by Licena .. , its agent• or a.ploy•••, in connection with th• conatruction, replac ... nt, aaintenance or repair of aaid inatallation. 12. It ia expreaaly agreed that in ca•• of Licena••'• br-ch of any of the within proaia .. , the City aay, at it• option, have apacific perforaance thereof, or sue for daaag•• resulting froa auch br-ch. 13. Upon abandonaent of any right or privilege herein granted, the right of Licensee to that extent shall terainate, but ita obligation to indeanify and aave harlll .. a the City, it• officer• and a.ploy ... , shall not terainate in any event. 14. See attached addendum. In grantincJ the above authorization, the City reaervea the right to aake full UH of the property involved aa aay be neceaaary or convenient in the operation of th• water vorka plant and syat• under the control of the City. IN WITNESS WHEREOF, thi• inatruaent ha• been executed as of th• day and year first above written. ATTEST: CITY or ENGLEWOOD, City Clerk Niyor APPROVED AS TO PORN: LICAGM6 . , • .. I. • 0 '32xl 0 • • ,, ADDENDUM Araplboe County will put in five (5) potholes to iuure dm said popoeed Fiber Oplic Conduit ";n be at a minimum often (10) feet fn>m c:enter line oftbe city clitdL ' . '' • . .. ' I. 0 1 32xl • • • EXIIIUIT A CITY OF ENULEWUUD RIGI IT-OF-WA V CROSSING STATE LAND BOARD (OWNER) A fiber Of'lic cable which is l""f'(>Kd lo be located in lhe Southwest quarter of Section 16, Township 5 Soulh, Range 68 West of lhe Sixlh Principal Meridian, Arapahoe County, Stale of Colorado and lying within the existing 25 foot wide right-of-way de9cribed in Doolt 4172 al l'aae 46, Reception No. 2414107 amon11 the land reconls of Arapahoe County; aid fiber ortic cable is intended 10 be localed 5 feet wes1 or lhe eaterly line of said riaht-of-way, and is - particularly deacribed as follows : Deginnin8 at a poinl on lhe westerly line of said riaht-of-way, from which lhe MIi quater corner of Section 16 bean North 7S-53 '46" Wat, a diunce or 1162.76 feet; tbencc throuah said City or Enalewood l>i1ch EB.ment lhe followina course : South 44°13'51" East, a distance nf 22 .93 feet; thence ,-.1~1 lo and S feet walerly of aid easterly right-of-way line lhe followina five (5) counies: Soullt 16°28 '45 " West , a distance of I 32 .05 feet ; thence South 24°28'26" West, a dillance of 109.32 feet; thence South IJ"06'16" Wat, a distance of200.06 feet; !hence South 20°Sl'46" Wat, a ditllana! of 446.3 I feet; thence South 20°19'05" West, a distance of 164 .31 feet; thence Sotdh I 1°55 '4r East. a dillance of9.J7 feet , lo lhe point oftenni-. which is localed on said easlerly ri&hl-of-way line; from this poird lhe Wal quatcr comer of Section 16, bean North JJ0 15 '19" Wat,a~ofl414.ll feet. Thee bearinas nf this project are be9Cd on coonli.-. nlablished by Benchmark Surveyina, Ltd . for lhce west quarter corner of Section 16. Township 5 !loulh. Ranae 68 West or lhe Sixth l'r inc iral Mrtidian (found• J" nde in a rn• hnx) and llenchmark's conlrol poinl 1514 (fotfflll a #~ rel>ar with a rfnstk ca p stnrnf'("tl "I .S 164111 "1, holh of whk:h •r shown and lillrtl "" a drawina l'lllillcd "lmpro,'ffllml s .. vey Mar of Soulh-Corridor R .O . W . in part of Section 16, T.SS .. R .61W., 61h P.M. Si* of Colorado", ...._ I ad 2 of 2 . The beariftt --llid points is calculaled to be South 72"01 '03" Well. 0n hehalf or ant1 ror 0......... A O 'Mara, Inc . Mllflt A. Miller, PLS Colorado Realstralion No . 21626 ..... • . • I • I • • • EXHIBIT B ,.,,,, ., ..,, __ S1A1ION 1St" I 11[ , .. ou W .,. COIi S(C UON II. JOUND Y' AW\l .. •ANCA: eot. S 11'$3'41• l 1112.11' <. ...... I ~. :'II'' ~I' ~-f ~~- " !'j ... ~ ""/ ~~ .... r., "' ., '° " . .., ~, .. ~·"'1Q: t " • I ... _'a. __ _ (\1 ' / sr, 1/4 or SECTION 16 TOrlNSHIP 6 SOUTH, RANCE 68 rt£ST, ARAPAHO£ COUNTY, COLORADO. I I I l'IWll'OSED '186R Ol'f'IC CAlll.f UICATION ....,,r.-. I -···--~ .... .::.::r-... ~ .... .:-.. -:: ...................................... ........... ..._..,..., ....... r ........... ..., .................... ..... ~·.=:; :.r :-..:-.: = = ==. -----~-"'-1:'ft -.t: :. c:.::.l.'1:,.-i :;:, , •n .... ="==-·-.... IIOll Mil-'··-•• IO IPCI IIC ........ ... •• '*' dCA ..... -· ........ . _.. .. _.._., I I ...... !! R I . •. ' -. ..... , .... .,. ...... , .,_,.. CR66flll/0Rfll6 ~ O'IIAltA, If/IC. rr::::z .......... z ........... z,-,.,z.,.,..... ....... -.-........ ----.... ----- .. I • I 91l l \WS ,,. ...... .......... ,.,n .,s ,. f,,Hf ,.. .... EXHIBIT B 25· CITY or £NGt.£WOOO ~ J RtCHT ·~·WAY -........_, BOOIC ••72 PAC( •& • • I I I s,~ ' ~ -- 16' FIBER OPTIC CABLE EASEMENT INSIDE RICHT-01'-FfAY FROM STATION 15+56.9 TO 26+'1 .2 I CREENI/ORNE • O'MAR.A, INC. 'T"""1 /•"•'"11 7,.........,,7,.......... /•::r:;• ................. .... _ ........ ---- - SI' t/4 OF S6CTION ,e f'OflNSHIP/ SOUTH, R.AIIC E I I' EST. ARAPAHOE COUNTY. COLOR.ADO. ·, n · •· ••· ti, .:I I I .......... 1,··· ti H ... ..................... ' • to ... , I ORDINANCE NO . SERIES OF 1996 • i. ·, • , BY AUTHORITY A BILL FOR COUNCIL BILL NO. 30 INTRODUCED BY COUNCIL MEMBER~~~~~~~~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL LICENSE AGREEMENT BETWEEN THE ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD, COLORADO PERTAINING TO ARAPAHOE COUNTY CROSSING CITY DITCH WITH FIBER OPl'IC CABLE IN CONDUIT. WHEREAS, Arapahoe County wiaheB to install an underground fiber optic cable in conduit under the City af Englewood'• City Ditch right-of.way located at appromnat.ely where Littletoo Boulevard becomes Main Street at Court Place; and WHEREAS, the Licemle Aer-t 11eb1 forth that the Arapahoe County Board of Commiuionen -umes full and lltrict liability for any and all damapa of every nature to penoo or property caused by the point or point.a wbm-e Arapahoe County performs any work in connection with the crmsing af the fiber optic caWe conduit; and WHEREAS, the Licemle Aer-t Nta forth the City's ript to make full WN! af the property n-,y in the operatiOD af the City; and WHEREAS, the City af Englewoocl retaina all richta to operat.e, maintain, inBtaU, repair, remove or relocat.e any af the City's facilitiee located within the City's ript-Gf-way; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Semm 1. The "Liceme Agreement• attached u "Bsbibit A·, with the Arapahoe County Board af Commiuionen is hereby accept.eel and ......,.,.. by the Bnclewood City Council. The Mayor is authorised to uecut.e and the City Clertt to a&tmt and -1 the Acr-t for and Oil behalf af the City of En,tewoocl, Colando. Introduced, read in full, and paued Oil fint l"IIIIIWtl CID the 3rd day af June, 1996. Publiahecl u a Bill for an Ordinance OD the 6th day af June, 1916. Thomu J. Burna, Mayor ATTEST : Loucrishia A . Ellis, City Clerk ' ' ' I ... • • . . .,._ I, Loucrisbia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and pused on first reading on the 3rd day of June, 1996. Loucriahia A. Ellis -2- .. I. , • ·---------·-----:---------- ORDINANCE NO. _ SERIES OF 1996 • , . •, • BY AUTHORITY COUNCIL BILL NO. 19 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE REPEALING TITLE 16, CHAPTER 4, SECTION 15, ENTITLED PLANNED DEVELOPMENT DISTRICT OF THE ENGLEWOOD MUNICIPAL CODE 1985 AND ENACTING A NEW TITLE 16, CHAPTER 4, SECTION 15, ENTITLED PLANNED UNIT DEVELOPMENT ZONE DISTRICT. WHEREAS, the current Planned Development (PD) proc:eu ia overly complicated and is not sufficient to permit new USN in the rnaning proc:eu; and WHEREAS, a Planned Unit Development (PUD) proc:eu would be more appropriate for a large land area or complicated land uae propouls became of the three stage review of any propoeed development; and WHEREAS, a Planned Unit Development (PUD) three stapd review, with criteria for approval, provides for a thorough review of all upecta of the propoeed development; and WHEREAS , the proposed Planned Unit Development (PUD) proceas provides flexibility to the Planning and Zoning Commission and the City Council in their review of a proposed development plan; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1. The Englewood City Council hereby repeala Title 16, Chapter 4, Section 15, entitled Planned Development District of the F.nclewood Municipal Code, 1985 and enacts a new Title 16, Chapter 4, Section 15, entitled Planned Unit Development Zone District, which will read as follows : 16-4-15 : PLANNED UNIT DEVELOPMENT (PUD) ZONE DISTRICT: A . INTENT . THE PLANNED UNIT DEVELOPMENT (PUD) DISTRICT REPLACES THE PLANNED DEVELOPMENT <PD> DISTRICT IN THE ZONING ORDINANCE TITLE OF THE ENGLEWOOD MUNICIPAL CODE . PD DEVELOPMENTS APPROVED PRIOR TO JULY 1, 1996 SHALL CONTINUE TO BE GOVERNED BY THE RESPECTIVE DEVELOPMENT PLANS AND THE REGULATIONS OF THE UNDERLYING ZONE DISTRICTS . REZONING APPLICATIONS FOR THE PD ZONE DISTRICT NOT APPROVED BY JULY 1, 1996, SHALL BE REVIEWED ACCORDING TO PUD CRITERIA AND, IF APPROVED, SHALL BE DESIGNATED PUD. NO ADDITIONAL PD DESIGNATIONS SHALL BE GRANTED AFTER JULY l , 1996. • 1- ' ...... 10 b 1 .. I· 0 '32xl • • THE PROVISIONS OF THIS SECTION APPLY TO ALL LANDS, USES, AND STRUCTURES IN OR TO BE REZONED TO THE PLANNED UNIT DEVELOPMENT (PUD) ZONE DISTRICT. THE PUD ZONE DISTRICT IS INTENDED AS AN ALTERNATIVE TO CONVENTIONAL LAND USE REGULATIONS. THE PUD ZONE DISTRICT COMBINES USE, DENSITY, DESIGN AND SITE PLAN CONSIDERATIONS INTO A SINGLE PROCESS, AND SUBSTITUTES PROCEDURAL PROTECTIONS FOR THE REQUIREMENTS OF THIS SECTION. THE PUD ZONE DISTRICT IS SPECIFICALLY INTENDED TO : 1. PROVIDE DEVELOPMENT CONCEPTS NOT OTHERWISE PERMITTED WITHIN CONVENTIONAL ZONE DISTRICTS; AND 2. ENCOURAGE FLEXIBILITY, UNITY, QUALITY URBAN DESIGN, AND DIVERSITY IN LAND PLANNING AND DEVELOPMENT, RESULTING IN CONVENIENT AND HARMONIOUS GROUPINGS OF USES, STRUCTURES AND COMMON FACILITIES; VARIED DESIGN AND SITE LAYOUT; AND APPROPRIATE RELATIONSHIPS OF SPACES TO INTENDED USES AND ADJACENT PROPERTIES; AND 3 . PROVIDE THE OPPORTUNITY FOR UNIFIED DEVELOPMENT CONTROL FOR A SINGLE PARCEL OR MULTIPLE PROPERTIES; AND 4 . ENSURE CONSISTENCY WITH THE ENGLEWOOD COMPREHENSIVE PLAN ; AND 5. PROVIDE FOR THE PUBUC HEALTH, SAFETY, INTEGRITY AND GENERAL WELFARE, AND OTHERWISE ACHIEVE THE PURPOSES PROVIDED IN THE PLANNED UNIT DEVELOPMENT ACT OF 1972, TITLE 24, ARTICLE 67, COLORADO REVISED STATUTES 1973, AS AMENDED . B . PURPOSE. 1. REQUESTS FOR ZONING OR REZONING TO THE Pl.JD ZONE DISTRICT SHALL BE FILED ON A CITY APPUCATION FORM , TOGETHER WITH ALL PLANS, MAPS AND ANY OTHER INFORMATION AS MAY BE NECESSARY, REASONABLE AND RELEVANT FOR REVIEW BY THE CITY. THE APPUCATION SHALL BE AUTHORIZED IN WRITING BY THE OWNER(S) OR AN AUTHORIZED AGENT. APPUCATIONS MUST BE SUBMl'ITED WITH FEES WHICH SHALL BE ESTABUSHED BY COUNCIL RESOLUTION . 2. PUD APPUCATIONS SHALL ONLY BE CONSIDERED FOR PROPERTIES GREATER THAN ONE-HALF ACRE. 3 . PUD APPUCATIONS SHALL GENERALLY BE IN ACCORDANCE WITH THE STANDARDS FOR ZONING OR REZONING PROVISIONS OF THE ENGLEWOOD MUNICIPAL CODE (E.M .C .), TITLE 16 , CHAPTER 3 OF THE E .M.C .. -2 - I· 0 ---------------~---------------------------:----------.;-- • • C . PROCESS . THE PLANNED UNIT DEVELOPMENT ZONE DISTRICT REQUIRES THREE STAGES FOR PUD PROJECT REVIEW AND APPROVAL: U PRE-APPLICATION REVIEW; 2) PUD DISTRICT PLAN REVIEW AND APPROVAL; 3) PUD SITE PLAN REVIEW AND APPROVAL . 1. PRE-APPLICATION REVIEW: STAFF SHALL REVIEW PRELIMINARY PROPOSALS AND PROVIDE WRITTEN RECOMMENDATIONS TO POTENTIAL APPLICANTS. NO PROJECT APPROVAL IS IMPLIED OR GRANTED AT TIUS EARLY REVIEW STAGE. 2 . PUD DISTRICT PLAN: THE PLANNING AND ZONING COMMISSION SHALL MAKE A RECOMMENDATION TO CITY COUNCIL FOR FINAL ACTION ON A PUD DISTRICT PLAN ZONING REQUEST. 3 . PUD SITE PLAN : PUD SITE PLANS MAY BE REVIEWED BY THE PLANNING AND ZONING COMMISSION WITH A RECOMMENDATION FOR FINAL ACTION BY THE CITY COUNCIL OR MAY BE REVIEWED AND FINAL ACTION TAKEN BY THE CITY'S DEVELOPMENT REVIEW TEAM CDRT) IF SUCH AUTHORITY IS GRANTED TO THE DRT BY THE CITY COUNCIL AS PART OF THE PUD DISTRICT PLAN APPROVAL. 4 . DEVELOPMENT REVIEW TEAM: THE DEVELOPMENT REVIEW TEAM CDRT) SHALL CONSIST OF REPRESENTATIVES FROM CITY DEPARTMENTS AS REQUIRED BY THE CITY MANAGER . THE DRT SHALL BE RESPONSIBLE FOR REVIEWING APPLICATIONS. THE DRT IS ALSO RESPONSIBLE FOR REFERRALS AS APPROPRIATE TO: GOVERNMENT AGENCIES, UTILITIES, NEIGHBORHOOD ORGANIZATIONS, OTHER INTERESTED OR AFFECTED PERSONS OR ORGANIZATIONS. D . PERMITTED USES. THE PUD DISTRICT PLAN SHALL PERMIT ANY USE WHICH IS A PERMI'l'TED USE IN ANY ZONE DISTRICT OF THE CITY, OR AS MAY BE PERMl'ITED THROUGH THE "SIMILAR LAWFUL USE• DETERMINATION PROCESS IF ALLOWED IN THAT ZONE DISTRICT WHEN SUCH USE IS PROVIDED FOR AND APPROVED IN THE PUD DISTRICT PLAN AND WRITTEN STIPULATIONS. E. PUD DISTRICT PLAN REQUIRED . APPLICATIONS SHALL BE REVIEWED UNDER THE PROVISIONS OF TIUS CHAPTER AND OTHER APPLICABLE CITY , COUNTY, STATE ANDIOR FEDERAL REGULATIONS . • 1. PRE-APPLICATION REVIEW : THE APPLICANT SHALL REQUEST A PRE-APPLICATION REVIEW WITH THE CITY PRIOR TO FORMAL SUBMITl'AL OF A LAND USE APPLICATION. TIUS REVIEW SHOULD TAKE PLACE PRIOR TO ANY SUBSTANTIAL INVESTMENT, SUCH AS LAND ACQUISfflON, SITE AND ENGINEERING DESIGN OR THE PREPARATION OF OTHER DATA . IT IS THE APPLICANT'S RESPONSIBILITY TO PROVIDE -3- I· • • • <, SUFFICIENTLY DETAILED PLANS AND DESCRIPl'IONS OF THE PROPOSAL, FOR STAFF TO MAKE THE DETElllONATIONS REQUIRED IN THIS TITLE. TYPICALLY THE PRE-APPLICATION SUBMITTAL INCLUDES A SKETCH PLAN DRAWN TO SCALE SHOWING STRUCTURE ENVELOPES, AND ENVELOPES FOR NON-STRUCTURED USES OF THE PROPERTY SUCH AS PARKING AND LANDSCAPING. A TRANSMl'l'TAL LETl'ER DESCRIBING THE PROJECI' AND LAND USE SHOULD ACCOMPANY THE SKETCH PLAN. AS A RESULT OF THE PRE- APPLICATION REVIEW, THE CITY SHALL: A. INFORM THE APPLICANT IN WRITING or APPLICABLE CITY POLICIES, PLANS, AND UQUIREIIENTS AS THEY APPLY TO THE PROPOSED DEVELOPMENT PROJECI'; AND B. REVIEW WITH THE APPLICANT THE APPROPRIATE PROCEDURES OUTLINED IN THIS SECTION AND WITIUN THE ZONING ORDINANCE; AND C. DISCUSS WITH THE APPLICANT THE APPROPRIATENESS OF THE PRE-APPLICATION REQUEST WITH RESPECI' TO THE POLICIES AND REGULATIONS SET FORTH WITIUN THIS ZONING ORDINANCE AND THE COMPREHENSIVE PLAN; AND D . DISCUSS WITH THE APPLICANT THE ISSUES RELATED TO LAND USE, LANDSCAPING CONCEPl'S, AND OVERALL PROJECI' DESIGN; AND E . DISCUSS WITH THE APPLICANT THE ISSUES RELATED TO ANY ANTICIPATED IMPACI'; AND F . EXAMINE AND REVIEW WITH THE APPLICANT POSSIBLE ALTERNATIVES OR MODlnCATIONS RELATED TO THE PROPOSED APPLICATION. 2 . PUD NEIGHBORHOOD IIEETING AND NOTIFICATION : A . MEETING REQUIRED. THE APPLICANT SHALL HOLD A NEIGHBORHOOD IIBETING IN ACCORDANCE WITH CITY PROCEDURES TO DESCRIBE THEIR PROPOSAL BEFORE A FORMAL PUD APPLICATION SHALL BE ACCEPTED BY THE CITY. -4- . ' • . .. •· 0 -------~-----------------···-~-------------------------.--- '· • ·, • <. B. PURPOSE. THE NEIGHBORHOOD MEETING IS INTENDED TO BE AN OPPORTUNITY FOR THE APPUCANT TO DESCRIBE THE PROPOSAL AS WELL AS FOR AREA RESIDENTS AND PROPERTY OWNERS TO OFFER INPUT ABOUT THE PROPOSAL AN EARLY STAGE. THE APPLICANT SHALL HOLD THE MEETING AT A TIME AND LOCATION ACCESSIBLE AND CONVENIENT FOR THE PUBLIC. THE CITY SHALL BE REPRBSBNTED AT THE MEETING. THE CITY REPRESENTATIVE SHALL PREPARE A WRITTEN REPORT OF THE MEETING AND MAKE COPIES AVAILABLE TO THE DRT STAFF, THE APPUCANT AND THE PUBLIC. C . MAILED NOTICE. THE APPUCANT SHALL MAIL WRITTEN NOTIFICATION OF THE NEIGHBORHOOD MEETING TO PROPERTY OWNERS WITHIN FIVE HUNDRED FEET OF THE PERDO:TER OF THE PROPOSED DEVELOPMENT. NOTIFICATION SHALL BE TO PROPERTY OWNERS OF RECORD AT THE ARAPAHOE COUNTY CLERK AND RECORDS OFFICE FROM DATA AVAILABLE WITHIN NINETY DAYS BEFORE MAILING. THE APPUCANT SHALL PROVIDE A MAILING LIST TO STAFF AND CERTIFY THAT LETTERS WERE MAILED VIA THE US POSTAL SERVICE TO THE LISTED ADDRESSES AT LEAST TEN DAYS PRIOR TO THE NEIGHBORHOOD MEETING. 3. PUD DISTRICT PLAN: THE APPLICANT SHALL SUBMIT FOR CITY REVIEW A MINIMUM OF FIVE (5) SETS OF THE PROPOSED PUD DISTRICT PLAN. A COMPLETE SUBIIITl'AL SHALL BE AVAILABLE FOR REVIEW NOT LESS THAN FORTY-FIVE (45) BUSINESS DAYS PRIOR TO THE REGULAR PLANNING AND ZONING COMMISSION MEETING AT WIUCH THE DISTRICT PLAN WILL BE SUBMITTED TO THE COIIIIISSION. APPLICATIONS SHALL BE DEEMED COMPLETE ONLY UPON SUBMITTAL OF ALL REQUIRED INFORMATION. REVIEW WILL NOT OCCUR UNTIL THE APPLICATION IS COMPLETE. THE PUD DISTRICT PLAN SHALL BE SUFFICIENTLY DETAILED TO INDICATE THE GENERAL OPERATION AND APPEARANCE OF THE DEVELOPMENT AND SHALL INCLUDE BUI' SHALL NOT NECESSARILY BE LIMITED TO, THE FOLLOWING: A. THE NAME AND LOCATION OF THE PROPOSED DEVELOPMENT; AND B. THE NAMES, ADDRESSES AND PHONE NUMBERS OP THE APPLICANTS, OWNERS, DEVELOPERS AND DESIGNERS OF THE DEVELOPMENT; AND C. DOCUMENTATION CONPIRIIING THAT THE APPLICANT HAS LEGALLY SUFFICIENT INTERIST IN THE PROPERTY PROPOSED FOR DEVELOPMENT, OR IS THE DULY AUTHORIZED AGENT OP SUCH A PERSON; AND -5- • ... I • r-. .. ·, • <. D . AN AMERICAN LAND TITLE ASSOCIATION AND AMERICAN CONGRESS ON SURVEYING AND IIAPPING, LAND TITLE SURVEY (ALTA/ACSM LAND TITLE SURVEY) AND URBAN CLASSIFICATION; AND E. A PUD DISTRICT PLAN, DRAWN AT A SCALE OF NOT LESS THAN ONE INCH PER FIFTY FEET (19-so') ALONG WITH NORTH ARROW, WRITTEN AND GRAPIUC SCALE, OF THE PROPOSED DEVELOPMENT. THE DISTRICT PLAN SHALL BE OF SUfflCIENT DETAIL TO DETERIIINE IMPACTS, BOTH ON AND OFF SITE, THAT MAY REQUIRE MITIGATION. THE DISTRICT PLAN SHALL ADDfflONALLY SHOW OR STIPULATE THE GENERAL LOCATION,ARRANGEMENT,BXTENT,ANDCHARACTER FOR THE FOUOWING, WHERE APPLICABLE: 1. ADJACENT STREETS AND PROPOSED POINTS OF ACCESS;AND 2. EXISTING ZONING AND LAND USE WITHIN AT LEAST THREE HUNDRED (300) FEET OF ALL PROPERTY BOUNDARY LINES; AND 3. THE EXISTING TOPOGRAPHIC CHARACTER OF THE LAND AND EXISTING NATURAL FEATURES; AND 4 . LOCATION AND DESCRIPTIONfJ OF ANY EXISTING UTILITIES OR EASBIIENTS ON THE PROPERTY; AND 5. LOCATION AND SIZB OF PROPOSED LAND USE; AND 6. APPROXDIATE LOCATION AND HEIGHT OF PROPOSED STRUCTURBS DPIRENCED TO LOWEST PINI8IDD FLOOR BLBVATION OF THE STRUCTURE; AND 7. PARKING PLANS INCLUDING; LOCATION, DRJVE. THRU AND AOCBSS POINT, STACKING, DRIVE AISLES, STANDARD PARKING SPACE, DISABLED PARKING, COIIPLIANCB WITH ADA RBQUlllEIIENTS, LOADING, FIRE LANES, DIIIENSIONS, QUANTITY OP PARKING SPACES, AND INTBRNAL CIRCULATION OF PARKING AREAS OR STRUCTURES; AND 8. THE CHARACTER, AND APPROXIMATE LOCATION AND DENSITY OF ALL DWELLING UNITS, IP APPLICABLE;AND 9 . THE APPROXIMATE LOCATION AND AREA OP OPEN AND RECREATION SPACE; AND -6- • < •. .. I. 0 1 J2x l . " • 10. IDENTIFY CONCEPl'UAL LANDSCAPE PLANS INCLUDING TYPICAL MATERIALS OR CONCEPl'UAL LANDSCAPING AND IRRIGATION CRITERIA IF DIFFERENT FROM CITY OF ENGLEWOOD LANDSCAPING ORDINANCE CRITERIA; AND 11 . IDENTIFY TRANSfflONAL BUFFER AREAS REQUIRING FENCING AND LANDSCAPING BETWEEN INCOMPATIBLE USES; AND 12. IDENTIFY PEDESTRIAN CIRCULATION ROUTES INCLUDING SIDEWALKS, BUS STOPS, BIKE PATHS; AND 13. DIMENSIONS OF SEPARATIONS BETWEEN BUILDINGS, STREETS, AND OTHER FEATURES; AND 14. AREAS SUBJECI' TO 5 YEAR AND 100 YEAR FLOODING, RETENTION AREAS, DETENTION AREAS AND SURFACE DRAINAGE; AND 15. SIGNAGE PLAN INCLUDING; LOCATION, SIZE, ARCHITECTURAL ELEVATIONS AND ILLUMINATION; AND 16. FIRE HYDRANT LOCATIONS; AND 17. TRAFFIC PLAN DESCRIBING EXTERNAL CIRCULATION OF VEIUCLES ENTDING OR LEAVING THE SITE; AND 18. OTHER ELEMENTS SUCH AS CONCEPl'UAL ARCHITECTURAL AND BUILDING-DESIGNS, FACADE TREATMENTS, AND EXTERIOR BUILDING MATERIALS, AS NECESSARY TO ESTABLISH HOW THE PROPOSED PUD ZONE DISTRICT WILL RELATE TO ADJACENT PROPERTIES; AND F . A WRl'n'EN STATEMENT GENERALLY DESCRIBING THE PROPOSED PUD AND THE MARKET WHICH IT IS INTENDED TO SERVE; ITS RELATIONSIUP TO THE COMPREHENSIVE PLAN, AND HOW THE PROPOSED PUD DISTRICT WILL RELATE TO ADJACENT PROPERTY. WHERE THE APPLICANTS OB.rECTIVES ARE NOT IN SUBSTANTIAL CONFORMANCE WITH THE COMPREHENSIVE PLAN, THE STATEMENT SHALL INCLUDE THE CHANGED OR CHANGING CONDfflONS I THAT JUSTIFY APPROVAL or THE PROPOSAL; AND • G. A GENERAL STATEMENT or THE ANTICIPATED LEGAL TREATMENT OF COMMON OWNDSHIP AND MAINTENANCE OF SUCH AREAS, IF APPLICABLE; AND 0 -7- • ----~------------------.r------------~---------------. , • • r H . A GENERAL INDICATION OF THE EXPECTED SCHEDULE OF DEVELOPMENT INDICATING: 1. THE APPROXIMATE DATE WHEN CONSTRUCTION OF THE PROJECl' CAN BE EXPECTED TO BEGIN; AND 2. THE STAGES IN WIUCH THE PROJECT WILL BE BUILT;AND 3 . THE COMMON AREAS INCLUDING BUT NOT LIMITED TO OPEN SPACE, DRIVE AISLES, PARKING AND SERVICE AREAS THAT WILL BE PROVIDED AT EACH .. STAGE;AND I . OTHER INFORMATION DEEMED NECESSARY, REASONABLE, AND RELEVANT TO EVALUATE THE APPLICATION . 4. CITY REVIEW : A. UPON COMPLETE SUBlll'ITAL, THE CITY SHALL REVIEW THE PUD DISTRICT PLAN FOR COMPLIANCE WITH THE PROVISIONS OF TIUS CHAPTER. THE CITY SHALL FORWARD WRITTEN RECOIDIENDATIONS TO THE PLANNING AND ZONING COIIIIISSION AND SHALL SCHEDULE A PUBLIC HEARING WITBIN FORTY-FIVE DAYS OF RECEMNG A COMPLETE SUBIIITTAL. 8 . THE PLANNING AND ZONING COIIIIISSION SHALL FORMALLY CONSIDD THE DISTRICT PLAN IN A PUBLIC HEARING. THE PLANNING AND ZONING COMIIISSION SHALL MAKE THE FOLLOWING FINDINGS: 1. THE PUD DISTRICT PLAN IS, OR IS NOT, IN CONFORMANCE WITH THE DISTRICT PLAN REQUIREMENTS AND THE COMPREHENSIVE PLAN; AND 2. ALL REQUIRED DOCUMENTS, DRAWINGS, REFERRALS, RECOMMENDATIONS, AND APPROVALS HAVE BEEN RECEIVED; AND 3 . THE PUD DISTRICT PLAN IS CONSISTENT WITH ADOPTED AND GENERALLY ACCEPTED STANDARDS OF DEVELOPMENT IN THE CITY OF ENGLEWOOD; AND THE PUD DISTRICT PLAN IS SUBSTANTIALLY ,., 4. I CONSISTENT WITH THE GOALS, 08.JECTJVES, • • DESIGN GUIDELINES, POLICIES AND ANY OTHER ORDINANCE, LAW OR REQUIREIIENT OF THE CITY; AND 0 • '32xl • .-----------------------,-....,,.-~ . ' • <. 5 . WHEN THE PUD DISTRICT PLAN IS WITIUN THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY (EDDA) AREA, THE PLAN IS CONSISTANT WITH THE EDDA APPROVED DESIGNS, POLICIES AND PLANS. C . THE PLANNING AND ZONING COMMISSION SHALL FORWARD THE DISTRICT PLAN TO THE CITY COUNCIL WITIUN FORTY-FIVE DAYS AFTER THE PLANNING AND ZONING COMMISSION'S FORMAL CONSIDERATION OF THE PUD DISTRICT PLAN, ALONG WITH A RECOMMENDATION THAT THE DISTRICT PLAN BE APPROVED, APPROVED WITH CONDfflONS, OR DENIED BASED UPON THE COMMISSION'S FINDINGS UNDER (E)(3)(B) OF TIUS SECTION. D. UPON RECEIPI' OF THE PLANNING AND ZONING COMMISSION'S RECOMMENDATIONS, THE COUNCIL SHALL TAKE ACl'ION TO APPROVE, APPROVE WITH CONDfflONS, OR DENY THE PUD DISTRICT PLAN, TAKING INTO ACCOUNT THE CRITERIA LISTED IN (E)(3)(B) OF TIUS SECTION . IF APPROVAL IS GRANTED, THE COUNCIL SHALL ALSO DETERMINE WHO WILL HAVE APPROVAL AUTHORITY FOR THE PUD SITE DEVELOPMENT PLAN. E . THE PUD DISTRICT PLAN AND DOCUIIENTS SHALL BE EFFECTIVE TIURTY (30) DAYS AFTER FINAL COUNCIL APPROVAL . F . THE APPLICANT SHALL PROVIDE TWO UPllODUCIBLE COPIES OF ALL SHEETS ON IIYLAll WITH OIUGINAL SIGNATURES IN INK. ONE COPY OP THE DOCUIDNTS WILL REMAIN ON FILE WITII THE CITY OP ENGLEWOOD, THE OTHER WILL BE RECORDED AT ARAPAHOE COUNTY. RECORDING FEES MUST BE SUBIIITl'ED WITH THE DOCUIIENTS AND THE DOCUIIBNTS SHALL INCWDE SIGNATURE BLOCKS FOR THE ARAPAHOE COUNTY CLERK AND RECORDER. F . AMENDMENT. THE TERMS, CONDfflONS, THE ADOPl'ED PUD DISTRICT PLAN AND DOCUIIENTS MAY BB CHANGED AND/OR AMENDED IN WHOLE OR IN PART FROII TDIE TO TDIE AS PROVIDED IN TIUS SECTION. 1. MINOR MODIFICATIONS TO THE PUD DISTRICT PLAN. THE CITY MANAGER OR HIS DESIGNEE MAY APPROVE IIINOR MODIFICATIONS IN THE LOCATION, SIZING AND HEIGHT OF STRUCTURES OR FACIUTIES IP IlBQUlllED BY ENGINEERING OR OTHER CIRCUMSTANCES NOT FORBSBBN AT THE TIIIE THE PLANNED UNIT DEVELOPMENT DISTRICT PLAN WAS APPROVED SO LONG AS NO IIODIFICATION VIOLATES ANY STANDARD OR REGULATION SET FORTH IN TIUS SECTION. -9- .. I . • 0 '32 x l • .:------------------------- • (. 2. MAJOR MODIFICATIONS TO THE PUD DISTRICT PLAN . MAJOR MODIFICATIONS MAY BE MADE TO THE APPROVED PLANNED UNIT DEVELOPMENT DISTRICT PLAN PURSUANT TO THE SAME LIMITATIONS AND REQUIREMENTS BY WlnCH SUCH PLANS AND DOCUMENTS WERE ORIGINALLY APPROVED AS PROVIDED WITHIN THIS SECTION. G . APPEAL-PUD DISTRICT PLAN. THE APPLICANT MAY APPEAL ANY DETERMINATION OR ACTION TAKEN BY THE CITY UNDER THIS CHAPTER TO AN ARAPAHOE COUNTY COURT OF COMPETENT JURISDICTION AS TO WHETHER THE CITY COUNCIL'S FINDINGS WERE ARBITRARY AND CAPRICIOUS. IF THE DECISION OF THE CITY COUNCIL IS FOUND TO BE ARBITRARY AND CAPRICIOUS, THE CITY COUNCIL SHALL REVIEW THE MATTER AGAIN. SAID APPEAL TO THE COURT MUST OCCUR WITHIN 30 DAYS OR SHALL BE TIME BARRED . H. PUD DISTRICT PLAN REVERSION. PUD DISTRICT PLAN ZONING SHALL REVERT TO THE PREVIOUS ZONING THREE YEARS AFTER COUNCIL APPROVAL IF THE CITY DETERMINES THAT NO SUBSTANTIAL PROGRESS HAS BEEN MADE TO DEVELOP THE SITE ACCORDING TO THE APPROVED PUD DISTRICT PLAN. SUBSTANTIAL PROGRESS SHALL BE DEEMED TO MEAN APPROVAL OF A PUD SITE PLAN AND ISSUANCE OF A BUILDING PERMIT. APPLICANTS MAY REQUEST FROM THE PLANNING AND ZONING COMMISSION A ONE YEAR EXTENSION . I. PUD SITE PLAN REQUIRED. 1. PUD SITE PLAN : AFTER OR CONCURRENT WITH THE REVIEW OF THE PUD DISTRICT PLAN, THE APPLICANT SHALL SUBMIT FOR CITY REVIEW A MINIMUM OF FIVE (5) SETS OF THE PROPOSED PUD SITE PLAN. A COMPLETE SUBMITTAL SHALL BE AVAILABLE FOR REVIEW NOT LESS THAN THIRTY (30) DAYS AFTER FINAL APPROVAL BY THE CITY COUNCIL. APPLICATIONS SHALL BE DEEMED COMPLETE ONLY UPON SUBMITTAL OF ALL REQUIRED REVIEW INFORMATION. REVIEW WILL NOT OCCUR UNTIL THE APPLICATION IS COMPLETE . THE PUD SITE PLAN SHALL INCLUDE THE ENTIRE AREA APPROVED BY THE PUD DISTRICT PLAN. THE PUD SITE PLAN MAY CONSIST OF ONE OR MORE STAGES, PROVIDED HOWEVER, THAT THE APPROVAL OF ANY ONE STAGE MAY BE CONTINGENT ON IMPROVEMENTS THAT INVOLVE OTHER OR ALL STAGES . THE PUD SITE PLAN SHALL BE SUFFICIENTLY DETAILED AND SHALL CONTAIN SUCH INFORMATION AND DOCUMENTATION TO FULLY INDICATE THE ULTIMATE OPERATION AND APPEARANCE OF THE PROJECT AND SHALL INCLUDE BUT, NOT NECESSARILY BE LIIIITED TO, THE FOLLOWING : -I 0- .... .. ., I. . .. •, • <, A. ADEQUATE DESIGN OF GRADES, PAVING, GUTTERS, DRAINAGE AND ACCESS POINTS ON ADJACENT PUBLIC OR PRIVATE STREETS. PROPD ARRANGEIIENT OF SIGNS, LIGHTING DEVICES, LANDSCAPING AND STRUCTURES WITH RESPECT TO TBAfflC-OONTllOL DEVICES, TRAFFIC SITE DISTANCE AND ADJACENT IIBSIDENTIAL ABBAS; AND B. A STATEMENT OF ZONING AND LAND USE ON SUBJECl' AND ADJACENT PROPDTIBS; AND C. A PLAN FOR THE ADEQUATE 'l'RBATIIENT OF ON-SITE .. DRAINAGE TO HANDLB 8TOBII WATD FLOWS, PREVENT EROSION, PLANS TO IIINDIIZE THE FORMATION OP DUST DURING AND AFTB1l CONSTRUCTION, TO IIINDIIZE ADVBBSB DIPACTB OF DRAINAGE AND GRADING TO ADJACENT PROPEllTIBS AND TO PROVIDE APPROPRIATE TREATIIEMT OF EDSTING NATURAL FEATURES; AND D. THE LOCATION, DDIBNSIONS AND DBSCRIPTIONS OF ALL UTILITIES OR EASEMENTS ON THE PROPERTY; AND E . WITH MULTIPLE UBBS, PROVIDE A LAND USE SCHEDULE LISTING PE1llllffBD LAND U8BS AND THE ABBA DEVOTED TO EACH;AND F . A PLAN SHOWING STllUC'n.JU LOCATIONS, GllOSS FLOOR ABBA, PINl8RED FLOOR ELEVATION, AND BUILDING HEIGHTS. AND, ADBQUATBLY IDBN'l'lrlNG BUILDINGS, PAllTICULA.JlLY IN PltOIBC'l'8 WIIDS TWO (I) OR IIOIIE BUILDIN08 USE ONE 8ftiifl ADDmal OR WBaE TWO (2) oa IIOU BUILDIN08 ABB LOCAftD ON PIIIVATB 8T8Ul'S OR DRIVES. SITES WITH MULTIPLE BUILDINQS REQUIRE THE FOLLOWING: 1. THE INSTALLATION OP TBIIPORARY SIGNS IDENTIFYING EACH INDIVIDUAL BUILDING AT THE BEGINNING STAGE OP ITS CONSTRUCTION; AND 2. THE INSTALLATION OP PaMANSNT IDENTIPYING SIGNS ON EACH BUILDING WRICH WILL Au.OW QUICK mBN'ffll'ICA'ftON BY BIIDGBNCY SEltVICE PEltSONNEL AND VISITORS; AND 3. THE INSTAU.ATION OP Lml8LI: IIAP8 AT TBE IIAIN VEHICLE ENTRY POIN'l'B ANM>ll SIGNS SHOWING ALL PRIVATB l'l'UBT8 OR HIVD AND TIIBlll ALIGNIDNT TllllOUOROUT 'l'IIE noacT; AND I • 0 -11- -----------------~------- • • G. PARKING PLANS INCLUDING: DRIVE AISLES, FIRE LANES, PARKING SPACES, LOCATIONS, DDIBNSIONS, SPECIALLY DESIGNATED SPACES POR LOADING OR THE DISABLED, SCHEDULE OF REQUIRED AND PROVIDED SPACES, COMPUANCE WITH ADA REQUIR.EIIBNTS, AND PLANS OF THE INTBRNAL CIRCULATION or PABKING AREAS OR STRUCTURES;AND H. A SCHEDULE OF DWELLING UNITS <IF APPLICABLE) BY BUILDING, NUMBER OF BEDROOMS, AND DWELLING UNIT DENSITY BASED ON UNITS DIVIDED BY ACBBS OF NET LOT ABBA REIIAINING AITEll RIGHT-OF-WAY DEDICATIONS ; .AND .. I. A PLAN SHOWING THE LOCATION AND AREA OF OPEN AND RECREATION SPACE, INCLUDING ADBQUATB AMOUNTS AND SAFE LOCATIONS OF PLAY ABBAS JIOR CIDLDBEN AND OTHER RECREATIONAL ABBAS ACCORDING TO THE CONCENTRATION OF OCCUPANCY IN RESIDENTIAL AREAS; AND J . THE FINAL LANDSCAPE PLANS INCLUDING MATERIAL SCHEDULE USTING QUANTITIES, SPBCIBS, COIIIION NAME, MINDIUII SIZE AT PLANTING, ABBA CALCULATIONS POR REQUIRED AND PROVIDED LAND8CAPB AREA AND IRRIGATION PLANS, INCLUDING DETAILS AND CROSS-D SBCTIONS. THE PROVISIONS OF ANY SPBCIFIC LANDSCAPING CRlTBIUA APPROVED IN THE PUD DISTRICT PLAN THAT DlffBBS no11 TIIB Cft'Y or BNGLBWOOD LANDSCAPING ORDINANCE SIIOULD BB CITED ON THE PUD SITE PLAN; AND K. A PLAN SHOWING FENCES, WALLS oa YBAll-ROUND NATURAL SCREEN PLANTING AND LANDSCAPING WREN NECESSARY TO SHIELD ADJACENT RESIDENTIAL AREAS FROM COIIIIERCIAL, INDUSTRIAL AND PARKING AREAS; AND L. A PEDESTRIAN CIRCULATION PLAN INCLUDING SIDEWALKS, PATHWAYS AND INDICATING MATERIALS AND DIMENSIONS; AND M. A PLAN SHOWING DIIIENSIONS or SEPARATION UTWDN BUILDINGS, STllEETS, AND OTHBR P'BATURBS; AND N. A PLAN SHOWING AllBAS lltJIIDCT TO FLOODING ftOII A MAJOR STORII INCLUDING TIIB I YBAll AND 100 YBAll STORIIS, DBTENTION AND DTBNTION AllBAS AND PROVISIONS JIOR CONTROLLSD RSI g ,a OF WAftll FROII DETENTION OR IBTENTION AitBA8 JIOLLOWING A MAJOR • STORM; AND • .,--.....--~---~---------:----------~ • <. 0 . A SIGNAGE PLAN SHOWING LOCATION, SIZE, MATERIAL AND LIGHTING OF SIGNS INCLUDING SPECIFICALLY ADOPTED JJEVIEW CRITERIA WHERE APPLICABLE; AND P . PUBLIC AMENITIES THAT MAY BE INCLUDED IN THE DEVELOPMENT PROPOSAL; AND Q . OTHER ELEMENTS SUCH AS ARCHITECTUllAL CONCEPTS, BUILDING ELEVATIONS, FACADE TREATMENTS, AND EXTERIOR BUILDING MATERIALS, AS NECESSARY TO ESTABLISH HOW THE PROPOSED PUD USES AND STRUCTURES RELATE INTERNALLY AND/OR TO THE NEIGHBORING PROPERTIES. 2. CITY REVIEW. A. AS STATED WITIUN THE APPROVED PUD DISTRICT PLAN AUTHORIZED BY COUNCIL, THE PLANNING AND ZONING COMMISSION AND THE CITY COUNCIL OR THE DEVELOPMENT REVIEW TEAM (DRT) SHALL EVALUATE THE PUD SITE PLAN FOR CONFORIIANCE WITH THE APPROVED PUD DISTRICT PLAN AND THE PUD SITE PLAN CRITERIA HEREIN. THE REVIEWING AUTHORITY SHALL REVIEW THE SITE PLAN AND SHALL MAKE THE FOLLOWING FINDINGS: 1. THE PUD SITE PLAN IS, OR IS NOT, IN CONFORMANCE WITH THE DISTRICT PLAN REQUIREMENTS; AND 2. ALL REQUIRED DOCUMENTS, DRAWINGS, REPEllllALS, RECOMMENDATIONS, AND APPROVALS HAVE BEEN RECEIVED; AND 3. THE PUD SITE PLAN IS CONSISTENT WITH ADOPTED AND GENERALLY ACCEPTED STANDARDS OF DEVELOPMENT WITIUN THE CITY OF ENGLEWOOD; AND 4 . THE PUD SITE PLAN IS SUBSTANTIALLY CONSISTENT WITH THE GOALS, OBJECTIVES AND POLICIES ANDIOR ANY OTHER ORDINANCE, LAW OR UQUlllllENT OF THE CITY. B. THE REVIEWING AUTHORITY SHALL llETVllN ONE OR MORE COPIES OF THE PUD SITE PLAN TO THE APPIJCANT, MARKED TO SHOW APPROVAL, APPROVAL WITH CONDfflONS, OR DENIAL. THE DRT SHALL, WHEN THE SITE PLAN IS APPROVED, BUT NOT PRIOR TO THE RECORDING OF THE APPROVED PUD DISTRICT PLAN AND DOCUMENTS, RECORD A con OF SUCH PORTIONS OF THE PLAN AS MAY BE APPROPIUATE IN THE OfflCE OF THE COUNTY CLERK AND FILE A con Wffll THE CITY. -13- •· 0 1 32xl • • <. 3. MINOR MODIFICATIONS TO PUD SITE PLAN : THE CITY THROUGH THE DRT MAY AUTHORIZE MINOR DEVIATIONS FROM THE PUD SITE PLAN WHEN SUCH DEVIATIONS APPEAR NECESSARY IN UGHT OF TECHNICAL OR ENGINEERING CONSIDERATIONS. MINOR DEVIATIONS SHALL NOT BE PERMI'M'ED IF ANY OF THE FOLLOWING CIRCUMSTANCES RESULT: A. A CHANGE IN THE CHARACTER OF THE DEVELOPMENT; OR B. A CHANGE IN THE LAND USES; OR C. A CHANGE IN THE GENERAL LOCATION OF LAND USES; OR D. AN INCREASE IN THE MAXIMUM HEIGHT OF ANY BUILDING OF MORE THAN FIVE PERCENT (5'll>); OR E . AN INCREASE IN THE NUMBER OF DWELLING UNITS, OR IN THE RATIO OF THE GROSS FLOOR AREA OF STRUCTURES TO THE LAND AR.EA, OR INCREASES IN THE PROPOSED GROSS FLOOR AREA WITHIN ANY PARTICULAR LAND USE OF MORE THAN TWO PERCENT (2'll>); OR F. A REDUCTION IN THE SETBACKS FROM PROPERTY UNES; OR G. AN INCREASE OF MORE THAN TWO PERCENT (Hi) IN GROUND COVERAGE BY STRUCTURES OR SURFACE PARKING; OR H . A REDUCTION BY IIORE THAN TWO PERCENT (Hi) IN THE LAND AREA DESIGNATED FOR LANDSCAPING; OR I . A REDUCTION IN THE RATIO OF OFF-STREET PARKING AND LOADING SPACE TO GROSS FLOOR AREA OR NUMBER OF DWEWNG UNITS IN STRUCTURES; OR J . A CHANGE AFFECTING THE ACCESS FROII AND THROUGH PUBUC RIGHTS-OF-WAY; PROVIDED, HOWEVER, THAT CURB CUT LOCATIONS MAY SHIFI' UNLZSS SPECIFICALLY ESTABLISHED BY THE DISTRICT PLAN. 4. SITE PLAN AMENDMENTS : ALL PUD SITE PLANS APPROVED AND RECORDED HEREUNDER IIAY ONLY BE AMENDED PURSUANT TO THE SAME PROCEDURE AND SUBJECT TO THE SAME LIMITATIONS AND REQUIREMENTS BY WHICH SUCH PLANS WERE APPROVED . -14- • . .. .. I . 0 '32xl • ec---------------~---------- • t• • ~. J. APPEAL • PUD SITE PLAN. 1. THE APPLICANT MAY APPEAL ANY DETERMINATION OR ACTION TAKEN BY THE CITY UNDER TIDS CHAPTER TO AN ARAPAHOE COUNTY COURT OF COMPETENT JURISDICTION AS TO WHETHER THE CITY COUNCIL'S FINDINGS WERE ARBITRARY AND CAPRICIOUS. IF THE DECISION OF THE CITY COUNCIL IS FOUND TO BE ARBITRARY AND CAPRICIOUS, THE CITY COUNCIL SHALL REVIEW THE MATTER AGAIN. SAID APPEAL TO THE COURT MUST OCCUR WITIUN 30 DAYS OR SHALL BE TIME BARRED. 2. THE APPLICANT IIAY APPEAL ANY DETERMINATION OR ACTION TAKEN BY THE DRT UNDER TIDS CHAPl'ER TO THE PLANNING AND ZONING COIOOSSION. THE PLANNING AND ZONING COMMISSION SHALL MAKE A FINDING OF WJIETBEJl THE DETERMINATION OR ACTION OF THE DRT WAS ARBITRARY AND CAPRICIOUS. IF A FINDING IS MADE THAT THE DRTS DETERMINATION OR ACTION WAS ARBITRARY AND CAPRICIOUS THEN SUCH DETERMINATION OR ACTION SHALL BE OVERTURNED. THE DECISION OF THE PLANNING AND ZONING COMMISSION MAY BE APPEALED TO AN ARAPAHOE COUNTY COURT OF COMPETENT JURISDICTION AS TO WHETHER THE PLANNING AND ZONING COMMISSION'S nNDINGS WERE ARBITRARY AND CAPRICIOUS. IF THE DECISION OF THE PLANNING AND ZONING COIIMISSION IS FOUND TO BE ARBITRARY AND CAPRICIOUS, THE PLANNING AND ZONING COIOIISSION SHALL REVIEW THE IIATl'BR AGAIN . SAID APPEAL TO THE COURT IIUST OCCUR WITHIN 30 DAYS OR SHALL BE TIME BARRED. 3 . NOTICE OF APPEAL. APPELLANTS SHALL FILE AN APPEAL FROM A DRT DECISION ON A CITY APPUCATION FORII AND SHALL SPECIFICALLY STATE THE BASIS OF THE APPEAL. AN APPEAL SHALL BE FILED WITHIN 15 DAYS APTEll THE FINAL DATE OF A SPECIFIC DETERMINATION OR ACTION. NOTICE OF AN APPEAL FROM A DECISION OF THE DRT HEARING SHALL CONFORM TO THE MANNER IN WHICH THE ORIGINAL NOTICE FOR THE APPLICATION WAS GIVEN. THE APPELLANT SHALL BE RESPONSIBLE FOR ALL NOTICING MATERIALS REQUIUD IN THE ORIGINAL APPLICATION . Ses;tiqp 2. Saf,ty CJ11•v1 The City Council, bawby ftnda, clewmiw, and declare• that this Ordinance ia an-ulpt.ed under the pnsaJ police pGIINI' al the City of Enclewood, that it ia ...-ulpt.ed far the bNltb, ufety, ud welfare al the public, and that tbia Ordinance ia ~ far 1m .,.._..aticm al bNltb and aaf'ety and for die prot.ectiaD al public ----ud welfare . Tbe City eo-cil further determines tblt the Ordinance IINn a ntianal relation to the proper legi alative object -,ht to be obtained . -15- I • ,. • • . . Seg;tigp 3. ScxerehiJity If any clauae, 1eDtalce, parqrapb. or part of this Ordinance or the application thereoC fD any penon or circwnltances lhall for any reason be acljuclpcl by a court of competent juriadiction invalid, IUCh judpaent shall not affect impair or invalidate the remainder of this Ordinance or its application to other penom or cireumatances. Sedigp 4 lDPJPeefcpt ONljp•nc:11 All otba-Ordinances or portions thereof inconsistent or conflictini with thia Ordinance or any portion hereof are hereby repealed to the esi-t of auch incouiat.ency or conflict. Sec;tilR! s me pf..,., gr mpdjfic:•tjpp 'lbe repeal or modification at any proviaion of the Code of the City of Enpewood by this Ordmance lball not releue, extinguish, alter, modify, or chenp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which lball me II-. incmnd aader-auc:h provision, and each proYiaion lball be trNted and held • ltill rem•ininc in force for the pul'p)N9 m SUfWllinl any and all prapm-acticma, lllita, proceediqa, and proaecutions for the enr-t at the penalty, irieiture, or lialiility, •well• for the pmpoae of sustaininc any judpnent, decree. or order wbich can or may be rendered, entered, or made in •ch acticma, auita, proceedinp, or ..,_utiona. Seg;tigp 6. &Deity. 'lbe Penalty Provuion of E.11.C. Section l+ l lball apply to each and every violation of this Ordinance. Introduced, read in full, and puaed on fint readinc an the lat day of April, 1996. Published u a Bill for an~ on the 4th day of April, 1996. A Public Hearinc wu held CID llay 6, 1996. Amended, reintroduced, read in full, and palNd CID the 20th day ofllay, 1996. Published U amended CID the 23rd day ofllay, 1996. Read by title and puaed an final readinc CID the 3rd day of June, 1996. Published by title u Ordinance No. _, Seriea of 1996, on the 8th day of June, 1996. 'lbomM J. Burna, llayor ATTEST : Loucrishia A. Ellis, City Clerk -16- .. I. 0 ' ,, . . ~ . '32x l • ,,.. • • <, I, Loucriabia A. Ellia, City Clerk of the City of Eaqlewood. Colando, hereby certify that the above and fonloin, ia a true copy at the OrdinaDce puaed CID final reading and publilbed by tide u ~ No. _, Seriea at 1996. -17- . ' .. I. 0 ; 1 32xl t • OIU>INANCB NO. _ SERIES OF 1996 (. • • • BY AUTHORITY - 10 b 11 COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER CLAPP AN ORDINANCE ESTABLISHING A TEMPORARY SUSPENSION OR MORATORIUM OF CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR A PERIOD OF SIX MONTHS. WHEREAS, the c:unent mi-ll•ueoua buain-ticwtRJII ...-ci-ere antiquated end need to be updat.ed; end WHEREAS, City Council bu direc:t.ed etdto l'ffiew end rmae, if-.y, the miscelleneowi business Ii-for the City; end WHEREAS, lltafl' will need aufficient time to review end coontinate the miBCelleueoua business liceuing proviaiOll8 of the Encl-ood llwaicipal Code; end WHEREAS, Council deema it ueceeeary to coordinate the review al ite miBCelleneoua busin-liC8Dle8 end finds it appropriate to c:eue licensing until the review end reviaed procedurea ere reviewed by the lltafl' end City Council; end WHEREAS, the Eqlewood City Council bu elao direc:t.ed City etdto l'ffiew the Broadway corridor IODing end appropriate -for the carridar; end WHEREAS, the City Council bu inctiotad that the ll&ady al the Broadway nuil corridor abould be coardinated with the apdatiu, al wwains; end WHEREAS, in crier for the City to ccmply with the arp-'8 made in Or Jcimifad YI Cjty r( &a,lcwmcl Cw No . A86CV12'3, the mantorium or '-PorllrJ auspenaion must apply to ell miacelleneoua bueiMN U-unlw epecific nemptiom can be leptimet.ely Nt forth due to a tiDdiq that a type al buainw abould be eitcludecl; end WHEREAS, the reviaiou to the muwlleneoua bueiMN u-end the updating of the Broadway corridor IODing will help protect the public a-1th, eafety end welfare by the preeervinf the -d ftac:a1 ~ for the City iD proridiDc municipal aervicee within the City limite; by maiDtaiDiuc a -.ad balaace W-available public l'NOUl'CN, facilitiee end NrYicN end the dM!•nd1 for IUdt Nn'icee; end preeerving I tafe, beaJthy, and -.id tlllVirmmmt within the City; end WHEREAS, the citium al Enpewood and the City Council haft clet.ermiDecl that revi1iD1U1 to IOlling elODf the Broadway corridor ere D~ to promote, coordinate, iDDovate, bicb quality plan to P"Nl-a well bal•"'*' conidor iD the City; end WHEREAS, the c:unent --, for the Broadway corridor ia no& meetiq the ebcwe criteria; end -1- I . • •i--~--------;:-------...------~- • • ,. WHEREAS, the City Council finda that a u month moratorium or temporary suspe1111ion of licensing is neceuary to implement the licensing revisions and to provide time for the Broadway corridor study; and WHEREAS, the liquor licensing provisiom adequately insure a needs and desires testing of applicants and lhould therefore be eumpt &om this temporary suspeuiOD or moratorium; and WHEREAS, -. or one time busines-will not sipificantly impact the miscellaneous businas licensing or 1CJ1UD1 of the Broadway corridor and should therefore be eumpt &om this temporary n..,.miaD or moratorium; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, nlAT A TEMPORARY SUSPENSION OR MORATORIUM OF CERTAIN MISCELLANEOUS BUSINESS UCENSES FROM JUNE 10, 1996 TO DECEMBER 10, 1996, SHALL BE ESTABUSHED AND SHAU COMPLY WITH THE FOUOWING PROVISIONS: Sectigp 1. Said moratorium or temporary suapeosion of mW*laneous busin- licenses shall include the followinf: Amusement Arcade Licenae . Amusement Center License. Amusement Device License . Billiards and Pool Table License. Bowling Alley License . Carnival License. Circus License. Itinerant Show Lice1111e . Public Dance License. Ma11age Therapy Clinic Liceue. Ma11&ge Therapist Licenae. Massage Therapist CliDic . Adult Book Store Liceue. Adult Motion Picture Tbeaw Licenae. Adult Dancing Eltablilbment. Contractor Licen1ing: Clua A, Clan 8 , Clan C, Clan D, Clan E, and Clan F. Certificates of reailtratiom for electrical, plumbi.DJ and plumbin1/mechanical. Automobile Wrec:kinr or Junk Yard Liceme. Anction House Licenae. Itinerant AnctiODeer LicenH. Con...-at and Best Heme LicenH. Police and Det.edm s.m- (private ftnu) U-. Direct s.w., 1.-aae. Pa-brabr Licaule. Arbori8t Licenae. Temponry~t Servicea Lic:mae. Food Vendor Licmse. Sectigp 2. Said moratorium or temporary aaapmlliaa al....,,_ buaiw licenses shall not include the followmc : Licenses that will be nmapted 6-the,..... --.an-iadade the followin1 : Alcohol a.v...,.. (State and local eaatral). Chriatmu Tne DNlen (S--al). Goi.DJ Out al~. PiN, Smab and Water Damapd Goods Sales (temporary iD utan). -2- .. •· • .,-~----------~------------ • · .. • . . .. Sec;tim 3. The Eqlewood City Council directa City atdto deYelop appropriat.e recommendationa to Council, within m mC1Dtba, to be N1111aistent with thie OntinaDc:e and aball provide for an updatiq m the City liceuiq procedure for .....o-- buaineu lic:emea and aball proride .-mendatiom u to tbe amine m tbe Broadway corridor. Sgtigp 3. The City Council fbula tbe proviaiom or thie OrdiDm ere ~poruy in nature and ere intended to be repleced by IUbeequmt lepelatiYe mect.mmt tbe temporary suspension of mi-ilea-. buaiw licenw u specified in thie Ordinance which aball terminate CID l>ecMDber 11, 1996. Introduced, reed in full, and pMNd CID tint reediq CID tbe 21Mb day m May, 1996. Published u a Bill for an OrdinaDce CID tbe 23rd day m llay, 1996. Read by title and puaed CID final reediq CID tbe ant day m "-, 1188. Publiahed by title u Ordinance No . __, Series m 1188, CID tbe 11b day m June, 1996. Thomu J . Burm, Mayor ATTEST : Loucriabia A Ellia, City Clerk 1, Loucriabia A Ellia, City Clerk mtbe CitJ m........, Callndo,......, certify that tbe above and ftnaoin, ia a tne CDpJ mtlle 0. N OX ..... CID tlDaJ readiq and publiabed by title u On:linaace No. __ Sarila m 1111. -3- . ............___ , . )_._.,~·-,,· ·"'! -~ . . . . , .. I. 0 i 1 32x l • 0 ,~ • COUNCIL COMMUNICATION Date Agenda Item Subject June 3, 1996 11 a 1 Malan ........... :--. Initiated By Staff Source Housing Authority Paul Malinowski, ExecutiYe Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Passage of motion to address the COl.n:il goal d Housing. Previous actions include passage of Resolution No. 66, Series d 1995, authorizing an Option Agreemei It far the sale of 3400, 3410, 3420, 3424 and 3428 S. Sherman Street to the Englewood Housing Authority, passage of Resolution Nos. 84, 85 and 86, Series of 1993, approving the City's Pl,Rhase dthese properties and appropriation d General Fl.llds. RECOMMENDED ACTION Approve Motion authorizing an extension d the Option Agreement far theN p,operties. BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTFED These properties were purchaNd by the City far parking pwpoaes . Due to the elevation d these properties, parking was found to be an inappropriate UN. These properties were identified as lnl8C8SllfY rul atate holdings by the City in 1995. Council directed staff to sell or olhefwise dispose d theN properties. Staff wa dnc:t8d to c:antact local medical organizations to ascertain their interest and fo&nt they were not interested in developing the property. The Engl9waod Housing Aut,amy e,cpNNd an interest and rwquested an option an theN parc:ela to allow ttwn time to detarmine a final usage and hire an .-chitec:ual firm . The Ccu,cil agreed to aulhoriZ8 an Option AQrNrnel,t with the Authority on November 6, 1995. The Housing Authority utilized a proceu d intwYiNing arc:hitac:bnl flnna through a Request far Qualiflc:ations. Aft.• two .... d interviNI, the Aulhority llllcted the firm of Har1ronft and AIIOCiatn from Louisville (Colorado). The firm w Nl1*d baNd on quallficationl; no drawings d the property were requested, nor have any bNr1 done since. •. .. I . 0 y . " ·, • .. • n. Aulharity hal wilhhlld 9V9n clso INing po11l,le UNI far Iha prape,ty &nil Iha ~ hal had• c:twa to Giw thw qu. That~ ran.n ... held an May 16. The qu '9Cli"9d flan Iha l'le9Dahood Wil be added lo already known ~ hauling r1Ndl to det9tnli• lhe flnlll UNge. .......... AIMlarty elecllld to receive qu flan h COft'IIUlity, h timelable ot dlclclliu an •i•n:iaiiu Iha Option AgrNment by b Q.INnl expiratian date (Jwle 3) ii nat fl 111M. l'helm•. Iha Engleaood Housing Aulhanty ii~ an-.-.,, ot .. Option ~It to allawfartime lo dewlap. Viable plan far .... ~- FINANaAL. •ACT n. City WOUid ,-. no flnancial loa from Iha ... Ilion ol lhe Option AGrw•it. .. I. ; I • • • Date Agerldlbm Subject: ProfalllOilll 8ervlcN June 3, 1996 Conlnlct -RMnllliol'I Facllllel 111 11 Fudlllty 81udy lnllialad By Stalf&ourm Depatmn d Partca and RecrNllon ...... Blllck, Olrec:IDr d Partca and~ luAnne Mlcl•l1111'1, Recrelllian 8erviCN Manager COUNCIL GOAL AND PREVIOUS COUNCL ACTION c .. ...., .... , ,- • ~-=-·--anc111owe., ......... -. RECO••ENDED ACTION MCKCIIIOUND, WLYIII. AIIDALWTMII WII L ,_ • ..._.,,_.. .. ,111at1 • I • .,....,o.-, ... ._ •uu11111 Tlllll. ..... wllllla1111ll...., 1lmat ,_., ....,_1dn P11•11, ... 11111 l I 11•111 ... INllll ................ .. 11•rn•na.u ;tuF11•11••11111tr ..... ...., .... 111a1d111 .... C"FRIE Tllel11 ... ...., ........ ~ ........ I 11110:nsa ___.,.._.., ... 1danP11•11 '71.111r8111•llllltlllCIRII" dlR'Tnlrl~ ....... ......... 11.,, ............ Cl.-r'Tnlrl~ ....... LIIT OF AffACI 11 IIIITI .. • • •, • RECREATION FACILITIES FEASIBILITY STUDY ~ The fmbility st~ will determine the viability of pmsuing plans for major IXJIIStJUCtion, expansion and retl0\'3tion of Recreation facilities within Englewood . 1996 Finances: Conservation Trust Fund $70.000 Malley Center Trust Fund $30,000 FaalitieS Included : • Mal~· Senior Rcaation Center Expansion • Sinclair Pool Rcplacement • Water Theme Part Construction • Recreation Center Expansion • In line skating/skateboard park complex • Be11C\·iew Children's Farm Replacement/Relocation • Softball Field Complex The stud\ should prmide the following jnformatjop: 1 . Program and Se"'ices 1, Identification of demand and popularity of e.usting programs and sen'ioes \J Determination of~· non-8\'ailable programs and sen'ioes 1 , Identification of sm'ice quality ,., Determination of similar programs and sm'ioes in region 2. ~ ,, Identification of clientcle being sen-eel 1, ~'Sis of cuneot ud fulwe clemoplphic data in lel\'icc area , , Determination of benefits to c:lienlele aC nplDPOIL ftlllCl\'llioa or combuction ~-Facilil\· '.\. , , Analysis of existing struclUles 1, ~ sis of exiSling c:i1e aiplbililies to IClCOP!modMr ,-llioa, cxpamioa. etc . , , ~·sis and recommendaliom rqarding cunmt facility usqes v Determination of abili~· to offer additional llaVil:a within exilliag facilities jl Determination of a\'ailabilily of allemlln'C cites for COIISlNCtion v Prol ·ision of a,oa:ptual slietches llld/or ldlemllia ~ i,, Determination of aJIIS IO expusioe . ._....,. or COMbuction 1J Delernuulion aC openlillg ad maiweeeecr CXIIII aC expensio!L ._ .... or COMbuction ,,, Detenna1111ion ol m--~· polCMial 1 , Identification aC poeealial fwldiDg -b expensio!L ,_....,. or CQIIIJuclion Prioribcs gd f"NniAS 11 Elllbbsh priontlel for -'llica e,qiallliaa or -COllllnlaion 11 Ellabltsb a plmina timelable 1 • Ellablish ID implemm«atioa ac:tioa plu to illcltldt I 111k lime tallle • ... I . • .. • • ' (. CITY OF ENGLEWOOD, COLORADO REOJUIFQ&PBQPOSAL RECREAnoN FACILl11D FBASIBIUTY STUDY CLOSING DATE: 2:00 P.M. (•r deck) APRIL 23, 1'M • • . I. • • • CITY OF ENGLEWOOD PURCHASING DIVISION 2800 S. PLA Tic RIVER DRIVE ENGLEWOOD, COWRADO IOI 10 PROPOSAL REQUEST NO . 6 • 106 REQUEST FOR PROPOSAL RECREATION FACILITIES FEASIBILITY sruov The City of Englewood is requesting proposals for Professional Comulting Services to prq,aR a Feastllility Study for selected City recreation facilities . The City of Englewood will receive sealed proposals for supplying a •RECR£AnON FACILITIES FEASIBILITY STUDY" u per specifications no later dlan 2 :00 P.M. prevailing time, April 23, 1996. Proposals will be received at the office of the Purchasing Division, 2800 South Plaae River Drive, Englewood, Colorado IOIIO. Proposals received later dlan the dare and hour specified will 11111 be accepled under my cin:umstanc:e, and any proposal so received shall be retumed to the proposina firm unopened. In addition, facsimiles and my Olber electronic melhod of sending proposals is not acceptable and will be rejecled upon receipt. Proposing firms will be expected to allow adequate time for delivery of their proposals by air freiabt, pollal .vice, or Olber means. Proposals will 02! be read aloud at the above time and place. ~ panies ae invited to attend to receive a list of firms submitting proposals . Proposals will be naluted .... • Ille C II M I ......_ "-• ....... la Ille lteqwl For Proposal GENERAL CONDITIONS; Proposing firms must submit ten (10) copies of die ,....,.i far~,.,_.. PNlpolina firms are ulted to submit the proposal in a sealed envelope lllllbd MRECREATION FACIUllES FEASIBILITY SllJDY" in the lower left hand comer. Should a Proposing Finn find discrepw:ies in, omission from, die ,....,.i 1pKific:alicml/pneral conditions or be in doubt u to their meaning, the Firm tball nocify the~ for c:llrificalicm . If die poinl in quellion ii IIOl fully set forth , a written amendment will be mailed to all ,._ olllainina lpKificaliom. The City will not be bound nor raponaible for uy explanaliom or inta,adlllicww adler ._ lbw pm in wrilina u set forth in this Request for Propoul. No oral inlup.-iuus tball be billdill on die Cily. The Proposing Firm lha1J be required to have aafflcieal pn,paty, liability, ad -'ren c 1111111 Im imuraM:e and to provide the City with copies oftbe certificates of iaanace. The City of Enslewood is exempt from all federal, ._, and local llllel. The successful Proposins Finn will not dilcrim..-apilllt 111y employee or applicant for anployment because of race, color, religion , sex or national origin and will comply with tbe Amsicans wilh Dilabilitia Act . 'Ille succeuful Proposing Finn tball adhere to acceptable afflnnalive action guidelines in •lec:dna -ployws and tball ensure the employees are lrealed, during employment, without reprd to their race, color, reli&ion, sex or llllional ·~ I • 0 ,.. • ·, • " origin. Such action lball include. but not be limiled to, the followiD&: ~ 1lpll'lltiDa. cllmalioa, trwfer, recruitment or ncnailmml ad¥a1ilin&, layvft' or ........... '*' of pay or adilr falms of c 1-.i DIINII wl selection for nilling, incluclina .... WIIMlllip. 1be City of Englewood lhall bave the ripl ID reject any or Ill Propmlll. ad ID waive any infalmalilies or irregularities therein wl requell -propaall wllm NqUired. In addilion, the City-Ille ripl ID acapt the proposal deaned IIIOll aihw hi -ID the bell ialllat oftbe City. Request for Proposals may be alllaiaed • Ille &pwoocl Recnman C.., 1155 W• Oxfanl A-, Enpwood. Colcndo, ._ Ille llcMI ofl:00 A.M. wl 5:00 P.M., Mcmdly dlnJup Fridly. No c:llqe lhall be made for the fint copy of the ...... far~-A DCIIHefilndlble c:llqe ofS5.00 far adl copy in arm of one is required. Proposing Finns lball C1111bCt J...aA.. ......_, 1..-ian Slrvicel Malpr, ..,.._ (303) 762-1161, widl Illy 1edmic:al qudions. Proposing Firms lbalt c:an1ac1 Bcuy 0-.. Bu)'er ID, Purdmina Division, telepbane (303) 762-2392, widl my questions rellltin1 to the Request far Propoul ..-or llllllnilbl. CITY OF ENGLEWOOD :z . , • . - .. I· 0 1 32x l • • .. • TABLI OF CONTENTS PART 1-INSTllUCTIONS FOil PllOl'OIAL----------- /. a-al Dacrlptlo#I ~!wrvica ··············································································· JI. Scl,ed,,ling ................................................................................... ····· ...................... . Ill. Fee Proposal ......................................................................................................... . IV. PropMal Fortlllll ................................................................................................... . V. COflfflltant Selection Procas ................................................................................ . PART II-SCOPE OF SERVICES--------------- /. a-al ,,;o,,,,a,-·································································································· JI. Dacription ~!wrvica ·············································································~·············· Ill. Me«ittp ........ ························ ··············· ······························ ················ ........•........... JV. Filtol hodw:t .,.,_ ................................................................................. . J • I r • . P• u ' ' .. ' 4-5 6 7-1 7 7 ' ' I. 0 ' 1 32xl • • • PARTl-blCndiDalfor.....,..i I. General Description of Services : The City of Englewood respectfillly requem Proposals (illcludina fea) for Profasional Services to prepae a facility study including. but not limited to the following major componems: A. Evaluate and -cumnt rec:realion facility dlla and capabilities. B. Analyze future facility needs and prepae .,.. to meet dlOle 111d fulure community needs. C . Prepare and maJya ICClllrios to adapt llld.lar ClClllllnlCl the delired objecaves specified in Pan 11-Seopc of Services. II. Scheduling: (the City reserves the rigl,t to IIIOdify tlte ,c#t«bue as --..y) April 23 , 1996 April 24 • May 10, 1996 May 10 • June IS , 1996 September IS, 1996 Ill. Fee Proposal: 2:00 P.M . deadline far IUbmiaing proposals Propoul review, inlerviews of1elecfed Finns Firm 1elec:led a.a.:t awarded by Cily Colmcil C.anlnl:l Execuled Final llUdy lrmmialld ID Cily A fee shall be prepaed 111d lllbmiaed will! die pn,poul. Eadl pllae .... illclllde lllkl, COii .. lllour per design team member, 111d reimbunable Cllpllllll. 111c fee ....-i ..U illdllde a.....,.. o(lalb, houn necessary to ~ -=II talk, COii pll" lllk llld r1il:, 1 llllle Cllpllllll. COiia far aellilp llld houn spent therein lhall also be lilled. 111c Firm 1elec:led -Ube .....-to -illo a "Dal ID exaed" contract bued on a finaliJled ICOpC oflen'icel. JV. Proposal Format : In order that each submitlal be evalualed on a fair 111d equal bllis, the Cily ....... tlill a millillllm oftbe following outline be used and contained within 1he body oftbe propoul: A. Scope of Sgyjces • Provide specific infmmllioa • ~ to demonllnle &miliarily will! the requested services. Plew IIOfC my modificalicm to the NqUWd o..aJ Dwaflmi ofServic:es in this section. B. E1ee:icDsc -Provide a specific projec:11 U. llld delcriplialll of pnvicNs wcn of I limilar 11111ft accomplished by your firm . 4 • . .. I. 0 1 J2xl • • ·, • '· C. lm!lllml • Provide a complete lilt of nanes and rauma of illdividaals 6-your firm who would be providing services oa lbe project. If IPbcom!•hmts are to be employed. !be wne of lhe firm and their qualific:aiom mall also be included in this IJOCliaa. Expcrieacc lhoald include • a minimlm, pab and --. ........ cilimi Pll1iciPalioa, policy wlysia. recrealion facilily delian and CC111 ••--- o. Wqrlt J eel pl 5sbe111ls -Pl-'• oudined project ldledule ad provide• illdic:alian oflbe _.. of effort requind far 1be Scape. AIIO, !ill ay ,-Ille -8icll willl odllr pn,jecll and rellle 1be Im of your firm and capabillaea to meding lbe pnlpClllll ldledide. E. JWsrmsp -Plew provide• lwl duee ..ere.-will! individual codKII. ..._, pboae manben, and project tide for wbid! services -pnwided. F. Addjtjgnal,,,.,,,.,.. Include ay olber inr-.iaa dellDed ...,. ..... in eva1u11iaa your firm as it relales to lbe KOpe of this project. 5 • < • . .. I. . 0 'a2 xl • • • <, V. Connltant Sel«tion Process : A short list of three to five c:omulllnts will be ,elected for interviews bald on wriaen propoull. Prapoul evalultion will be blsed on lbe followin& criteria. Scope of Propoul Assiped ,..__I Availability MotiVllion Fees Firm Clplbilily ,.,,,,,,,, Does lbe prcll*ll lhow. ........... oflbe project objec:tiw, medladllkl&Y -deliNd __, Do lbe ....... wbo will be wwkiDa OIi the project llllve lbe ~ lkilll md expel imce? Are IUfflcillll people of lbe requillle lkilla miped IO lbe project? Cm tbe work be ....i md, C mplelld widlia the apecified time 6-? Are lddilionll qualified 1111-' awillble to ... in IDlllin& project ......... if required? .. tbe project .... availlble .., ............... ,......bytbe Scope of'Wark? 11 .. h......aille +:tills .. -" .., ........ ., .. City'• ..... , Doll .............. ...... -" .......... .,s.n...- 11111 ............. . aty•· a sT Doll ........... .._. 1111ve .. CMIIIII ....._. a 111 r • ...... c:lplllililylO .. I ... .,. ...... ......... -"' e . ' • . I. 0 '32x l • • - PART 11-SCOPE OF SERVICES /. General Information: This section is designed to give the consultant the nec:esury background information to prepare a proposal for services. The Description of Services is intended only to guide the proposal preparation process; and is expected to be revised and amended, with explanation, • neceuay by the consuhant to suit the individual finn 's needs to competently prepare the proposal in the -deemed most apt in meeting the City's objectives. II. Description o/Services: Proposals shall include, but not be limited to the following : Facilities Jncluded : • Recreation Center Expansion • Malley Senior Recreation Center Expansion • Sinclair Pool Replacement • Belleview Parle Children's Farm Replacement/ Relocation • Water Theme Parle Construction • In-line Skating I Skateboard Parle Complex • Softball Field Complex Scope of Feasjbility Study : I. Prognms and Services • Identification of demand and popularity of exisling programs and services • Determination of neceaay non-available~ 111d services • ldenlificalion of 11aVicc quality • Assessment of simit. rqional ~ 111d services 2 . QimJ£k • Identification of clientcle being served • Analysis of current 111d future demopapbic cllla in aervicc - • Detennination of benefns to clientele due to expmsion, renovation or COIISlr'UCtion 3 . mill!Y • Analysis of existing llnlc:tUreS • Analysis of existing site capabilities to ac:conunodllc renoYllion., expansion, etc . • Analysis and recommendations reprcl .ing 11111e of cunent facilities • Determination of ability to offer additional services within exillina facilities • Determination of viability for altemate COIISlr'UCtion sites • Preparation of concepcual sketches and tecbnical clrawinp in color format •• finlnm • Determination of costs for expansion, renovation or COllllnlction • Determination of openting and maintealnc:e collS of expansion, renovllion or COllllnlction • Determination of revenue recovery polmtial • Identification of pocential funding IOUltel for expansion, renovllion or COIISlr'UCtion 7 • . ... I • 0 • ,, • A • . , , .. ,. ... s. Prioritjptjop IP4 Pbpjng • Establish priori1iZllion mamr plan for expmsion, rmcMlioa or CClllllnlc:lian • Prepare a phasina timeline complete wilh impteaoemmoa adioll plla. ldleduled budplina. pn,jecled expendilures and talk ldlecluliq. Timeline plamin& lball be provided • badl color llll'd c:apiel and cli&ital (MicroSoft Project 4.0 or «-ipmble) copies . Ill. MMillp: Tbe City allicif*a die foUowin& lllllliap wiU be required: I . Initial wunlillllion IMICina -W'._ -week after Nudcc to Pnlcled, C-.,_. will pn,vide a dleliled ldleclule of evtllll. Tbe City wiU provide ay anillble iDfonllllicm wllidl will aill ia dlil ..-. 2. Bi-weekly meetinp wilh City project -iaN(1). 3. Up to six meetinp widl Buadl. C:-iaicm and Ccnmh 11. IV. Firttll Protl,,ct ~: TIie WIIIUllant sball prepare preliminary and final drift n,purll far lffllW ad edilllls by 111...-rnecl patiel. Tbe ftMI duc:unl.-ii to be bound ia • 11/2" x 11" wa Nlllly farall far ........... AD ... ,. • .. lillPl lball be provided in w1or llll'd copy• .. ,....,... ale to.,. ma tin llillN to aildla ad papwd ncnmun facililiel. • . ' • . .. I· 0 'a2xl -----------------------.~---------------~--------- • • ·, • (, CONTRACT PQR PRQllSSifPI spy1gs CITY OF l:IIGLBIIOOD, COLORADO THIS CONTRACT and agreement, made and entered into this __ day of----- -----· 1,,6 by and between the City of Snglewood, a municipal corporation of the State of Colorado hereinafter referred to as tbe •city•, party of the first part, and BBC RBSBARCR AND CDISULTIJIQ, hereinafter referred to as the •conaultant•, party of the second part, for the following: PROJECT: RECREATION FACILITIES FBASIBILITY STUDY WHEREAS, propo••l• have been received by the Mayor and City Council and have been certified by the Director of Park• and Recreation to the Mayor and City Council with a reconnendation that a contract for •aid work be awarded to the above named Con•ultant, and WHEREAS, pur•uant to ••id recommendation the Contract has been awarded to the above named consultant by the Mayor and City Council and •aid Consultant is now willing and able to perform all of ••id work in accordance with ••id •dvertisement and his propo•al. NOW THEREFORE, in con•ideration of the compensation to be paid the Contract, the mutual agreements hereinafter contained are •ubject the terma hereinafter stated: A. ~·;t pocunwnu: It ia agreed by the partiH hereto that the following list of inatrument•, drawing• and documents which are attached hereto, bound herewith or incorporated herein by reference constitute and shall be referred to either•• the Contract Documents or the Contract and all of said inatruaents, drawings, and documents taken together as a whole conatitute the Contract between the parties hereto and they are as fully a part of this agreement as if they were set out verbatim and in full herein: Proposal Contr•ct (this instrument) Workacope, Section III (attached) Consultant's Hourly Rate Fee Schedule, Exhibit IV-I (attached) Consultant's Project Budget, Bxhibit IV-II (attached) Project Schedule, Exhibit IV-III (attached) B. City Qbliaati9P1 / Cpnfi41Ptiality: The City shall provide Con•ultant with reports and such other data as may be available to the City and reasonably required by Conaultant to perform hereunder. No project information shall be disclosed by Consultant to third parties without prior written consent of the City or pursuant to a lawful Court Order directing such disclosure. All doc:umenta provided by the City to Consultant shall be returned to the City. Conaultant i• authorised by the City to retain copies of such data and materials at Consultant's expense. c. Work•cRRt: The Conaultant agrees to and shall furnish all labor, tools, supplies, equipment, materials and everything necessary for and required to do, perform and eoaplete all the 'IIOrk described, drawn, set forth, shown and included in attached lforkacope. 1 .... .. I • • 0 1 32xl • . .--------------------------- • ·, • '· D. Indgnmification : The Consultant agrees to indemnify and bold harmleaa the City, and its officers and its employees, from and against all liability, claima, demands, and expenses, including court coats and attorney fees, on account of any injury, loss, or damage, which arise out of or are in any manner connected with the work to be perfo:nned under this Agreement, if such injury, loss, or damage is cauaed in whole or in part by the negligent act of omission, error, professional error, mistake, accident, or other fault of the Consultant, any subcontractor of the Consultant, or any officer, 8111)loyee, or agent of the Consultant. Tbe obligationa of this Section D. shall not apply to damages which the City shall becc:ae liable by final judg!Nnt to pay a third party u the result of the negligent act or omission, error, professional error, mistake, accident, or other fault of the City of Bnglewood. B. terw of Performance: The consultant agrees to undertake the performance of the work under this a-endeent to Contract within ten (10) days from being notified to -ce work by tha Director of Parka and Recreation and agr .. a to fully coaplete said work within the time frame detailed in the attached Project Schedule (Exhibit IV- III), plus such extension or extensions of time as may be granted by the Director of Parka and Recreation . F. Qwn•nbip of Work Product : Upon payment to consultant pursuant to this Agreement, all work, data, drawings, designs, plans, reports , computer programa (non-proprietary), computer input and output, analyses, maps, or any other material• developed for this project are and shall be the sole and excluaive property of the City. However, any reuse of the documents by the City without prior written authorization by Consultant othar than for the specific intended purpose of this Agreement will be at the City's sole risk . The Consultant will provide the City with a ten (10) day written notice prior to disposal of project documents it has retained during which time the City may take physical po•••••ion of .... at the storage site . G. I•rw of PaYJPtPt : The City agrees to pay the Conaultant for the performance of all the work required under this contract , and the Consultant agrees to accept as hi• full and only c:oapenaation therefore, such sum or 8\11118 of money u may be proper in accordance with the price or prices set forth in the Consultant'• fee schedule and project budget (Bxhibita IV-I and IV-II) hereto attached and made a part hereof, the total coat thereof not to exceed lfINBTY-SIX THOUSAND SBVBN lltJMDRBD FIPTY dollar• (196,750.00). H. Appropriation of !HPde: At preeent, $9',750 .00 has bean appropriated for the project. Notwithstanding anything contained in this Agreement to the contrary, in the ev9Dt no funds or insufficient funds are appropriated and budgeted by the governing body or are otherwise unavailable by any .. ans whatsoever in any following fiscal period for which appropriationa were received without penalty or expense except•• to those portiona of the ~tor other amounts herein for which funds have already bean appropriated or are otherwise available . The City shall i .... diately notify BBC RSSSARCB AIIII> CONSULTING or its assignee of such occurrence in the event Gf such teraination. All work accoq,liabed by tha Conaultant prior to the date of such termination shall be recorded and tangible work documents shall be transferred to and becoae the sole property of the City prior to payment for services rendered . 2 I • • 0 1 a2 x l • -~--------------::----,,------~_, 0 • I. Contract Binding: It i• agreed that thi• Contract ahall be binding on and inure to the benefit of the partiea hereto, their heira, executor•, adminiatratora, aaaigna, and aucceasora. J. Lawa to be Obf•ryed: The Conaultant ahall be cognizant of all Federal and State lava and local ordinance• and regulations which in any manner affect tho•• engaged or enployed in the work or which in any way affect the conduct of the work, and of all auch order• and decree• of bodiea or tribunal• having any juriadiction or authority over the aame, and ahall at all ti-• observe and comply with all auch exiating la-. ordinance•, regulationa, and decree•, and ahall protect and indemnify the City againat any claim or liability arising solely from or baaed aolely on the violationa of any auch law, ordinance, regulation, order or decree, whether by itaelf, its aubconaultanta, agent• or 91111loyeea. K. termination and M•igpNPt of Contract: The conaultant warrant• that it baa not employed or retained any coa;,any or peraon, other than a bona fide employee working aolely for it, to aolicit or aecure this contract, and that it ha• not paid or agreed to pay any company or person, other than bona fide employee• working aolely for the Consultant, any fee, conniaaion, percentage, brokerage fee, gifta, or any other consideration, contingent upon or reaulting from the award or making of this contract. For breach or violation of this warranty, the City will have the right to annul thi• contract without liability, or, in ita diacretion to deduct from the contract price or consideration, or otherwiae recover the full amount of auch fee, conniaaion, percentage, brokerage fee, gift, or contingent fee . It is the intent hereunder to aecure the peraonal aervic•• of the Consultant, in manner aforeaaid, and thi• contract ahall not be assigned, sublet or tranaferred without the conaent, in writing of the City. L . Inapectiona, Beyi•Yf and Awlita: During all phaaH of the work and services to be provided hereunder the Conaultant agr .. a to eatabliah a working office at a place agr .. able to the City, and permit duly authorized agent• and 8111)loyeea of the City to enter the Consultant•• offices for the purpoae of inapectiona, revie-and audit• during the normal working houra . Reviewa .. y alao be acC0111pliabed at ... ting• that are arranged at mutually agreeable ti-• and placea. Conaultant and it• aubconaultanta ahall -intain all booka, documenu, paper•, accounting records and other evidence pertaining to coat incurred and ahall make auch .. teriala available at their respective office• at all reaaonable ti-• during the contract period and for three yean from the date of final payaent under the contract, for inapection by the City, or any authorised repreaentativea of the City, and copiea thereof ahall be furniahed if requeated. N. piaput11 : SXcept H otherwin provided in tbia contract, any diapute concerning a queation of fact ariaing under tbi• contract which i• not diapoaed of by avr.eaent will be decided by the Park• and Recreation Director for the City of SD!JlBIIOOd. The deciaion of the Park• and Recreation Director will be final and conclusive unl•••· within 30 days after the date of receipt of a copy of auch written deciaion, the Conllultant .. 11a or otherwiae furniah•• to the City a written appeal addreaaed to the~ and Recreation Director of the City of SnglBIIOOd. lD ~ion with any appeal procHding under thia clause, the Conllultant aball be afforded an opportunity to be heard and to offer evidence in 9\WOrt of ita appeal . Pending final deciaion of a dispute hereunder, the Conllultant ahall proceed diligently with the performance of tbe contract in accordance with . the Park• and Recreation Director·• dec:iaion. The deciaion of the 3 •. I • • • • .. Park• and Recreation Director or hi• duly authorized repreaentative for the determination of auch appeal• will be final and conclusive. Thi• diaputea clause doe• not preclude conaideration of queationa of law in connection with deciaiona provided for in Paragraph above. Nothing in thi• contract, however, ahall be construed a• making final the deciaion of any adminiatrative official, repreaentative, or board on a queation of law. IN WITNESS WHBRBOP, the parti•• have caused the•• pre•enta to be eigned peraonally or by their duly authorized officer• or agent• and their aeal• affixed and duly atteated the day and -y9&r firat above written. Thia Contract i• executed in 3 counterpart•. ATTBST : City Clerk APPROVED AS TO PORM: City Attorney ATTEST: Secretary • CITY OP DIQl.mlOOD by-----------Mayor Party of the Pint Part BBC USIIARCII AND ccasm.TillG Consultant by '"P,..a-rt.-y_o_f.....,ifii---.1,..e-CODd-....,P,..a-r""'t...--- . ' .. I • • 0 '32xl • SECTION Ill. Workscope 0 • The following six-task worbcope defines the proposed process for completing a comprehensive recreational facilities feasibility analysis for the City of Englewood. TASK 1. PROJECT INITIATION AND SCOPING Project Initiation The project initiation element is an opportunity to complete contractual arrangements, scheduling refinement and project team coordination. It is an important task in that it sets the stage for the remainder of the study and defines how consultant, client, policy makers and public will communicate. The following steps are anticipated: • Contract execution • Kickoff meeting with all study participants • Completion of plan for steering committee and reporting processes, scheduling and policy input • Initial site visits and review of site/building conditions and improvement opportunities. The project team is open to a variety of reporting mechanisms. We do not believe that there is a single system that represents the best way to manage consultant~t communications, but we do believe that a dear communication plan is neceaary from the beginning. Our initial suggestion is a small, perhaps 3 or 4 person. City steering committee with one staff person designated as lead coordinator. The steering committee would meet every two weeks with the consultants to review progress and issues as they arise. The City's coordinator would be the interim contact point for dilcussing day-to-day issues, facilitating data collection and ensuring contract compliance. Project Scoplnl A second element of the initial task involves a review and refinement of our workscope. This proposal sets forth a reasonably detailed KOpe of work u well u a general philosophical approach to this assignment. It is unlibly, howeover, that we have .. I . 0 • • • ,, defined the perfect approach, and also unlikely that the precise scope of work set forth here will remain without some variation. The scoping task provides an opportunity for c:onsultants and client to meet, discuss pros and cons of our approach and suggest pro;ect modifications that should be cansidered before proceeding forward. We prefer to have this final acoping. or "racoping." process occur after the pro;ect team has had the opportunity to visit the sites and review preliminary data in the Project Initiation element of Tak 1. U all parties are better informed, we are in a better position to define an effective strategic planning process. The following steps are antidpated: • Initial data collection and review • Steering commi~re,coping meeting • Technical memorandum #1 (new scoping document) TASK 2 INTERNAL AND EXTfRNAl ASSESSMENTS Two specific elements of research, data collection and analysis are proposed in this feasibility study, an internal assessment and an external assessment. The process defined here mirrors that emp'Toyedby BBC in the development of private sector business plans. Internal AsHument The internal aaessment is an opportunity to analyze preeent parks and recreation programs, facilities, management systems and funding mechanisms u they currendy exist. The internal assessment documents and evaluates what is being provided u a foundation for analyzing how new facilities and programs can be inc:orporated into the City's editing department. The second aueasment is an external aueument, which fOCU9eS on marlcet conditions, competitive influences. recreational trends and funding opportunities u they influence Englewood's recreation program. The following steps are anticipated in the internal assessment • Physical ... ...,,,.nt of Enflewood'• cwrent NCINtloul faclfllel and sites. This assessment will include a IUIIUNI)' operatina limitations evaluation of the facilities (condition, expansion poeential, flexibility), and an evaluation of prospective development sill!I u to their ph)'lical 111itability for expansion or alternative UleS. • AuN1ment of En,lewood'• p,oftammatlc: o,,.,,,._ Thil anmment will categorize current programs, com and utilization. • Rnanclal a11e11ment. BBC will ft'Yiew, analyze and model the financial operations of the City's recration programs. Of particular nolt will be the degree to which cost recovery occun or is emphasized. It la nmgniad that cost recovery is not the only objective of Englewood NCN8tion operations, but policy makers lhould understand the --of Cenenl Fund sublidy Womcope ,._ 2 . , .. I • 0 1 J2xl • -~--------------~-~-- • '· currendy required, and how new programs might influence, positively or negatively, revenue generation characteristics. • Qualltathle ... eament of ,,,,,,,..m o"9rf,.,._ This will include a targeted survey or canvassing of participants, and focus groups with residents to delamiue permved strengths and weekneues of the Qty's cunent recreational offerings. As indicated in Section I of om propoul, we look forward to defining the most appropriate reearch methodology m conjunction with the City. External Aneument The external assessment will · de an analysis and c:haracterization of extemal factors (factors outside of the of the &;"1and the Recreation Department) that influence the demand for recreation facilities and ability and interest of the Englewood citizens consider new investments. The external asse11ment will incorporate three steps: • Competltfw enelysls. Characterization and quantification of private recreation providers in the area. (including private exercise dubs and water parks) and other public recrational opportunities that may not be Englewood operations but are available to Englewood citizens. Availability, pricing and utilization data will be provided. • CUe atudlN. The Project team will analyze communities around the Denver Metropolitan Area to delleiuliHe what level of recreation aervice is canmon and supportable by most communities. Thelle case studies will document the nature, size, utilization and date of recration facility development Interviews will be conducted with department heads and facility managers. budgets and utilization data will be collected. Ultimately, thele materials will be a tool for a,mparing Englewood's facilities, prop1111• and funding philoeophy with thole of similar 11\ebopolitan uea cities. Service levels, use statistics and pricing will be a key focus. • o,,,,o,tunlty • ....,.... The Qty has a number of proapective new facilities under consideration. Thelle include expansions of the existing facilities, and consideration of new facilities including: pool expansion, modification or replacement recreation center expansion and design aenior center expansion water park softball field complex skateboard park others to be identified Each facility opportunity will be daaibed in llrml of what i!_ repraen~. what groups m lilcely users, how it could be inrmporated Into Englewood's recreational portfolio, development coeta, pniapective inllgration with existing programs and facilities, and Ukely finendaf impacts. ,. _ 3 • .. I· 0 1 32xl ----------.. ---------------~. - • • , . • • TASK 3. NEEDS ANALYSIS Task 2, Intmuil 11nd Extmuil Aslasmtnts, let the stage for understanding inherent strengths, weaknesses and opportunities auociated with expanding recreational <>fferinRs. The last necessary data piece is an undetsta11ding of the Englewood market place and die needs and desires of the cimenry. The needs analysis has three elements. • Brief demographic analysis and forecast of the City's growth. emphasizing any changing trends. • Documentation, analysis and forecasts of recreational demand and current and prospective use (e.g., softball leagues, elderly programs. youth IOC.'Cer, etc.). This will involve an aggressive outreach effort to identify existing recreation groups, discuss program needs and quantify participation. The data from the comparative analysis in the External Auelsment element of Task 2 will demonstrate how recreation services in Englewood compare with services in other communities around the Denver Metropolitan Area and will help illuminate how more aggressive programming or additional facilities might be used by City residents. • Identification of groups, service areas and geogtaphic areu with greatest unmet needs and thus market opportunities. Recreational demand analysis is a difficult procea because so much of facility use is "created" by the availability of opportunity. Generally, national standards, or other rules of thumb have little applicability. The best measure of how a population might use new facilities is the success or failure of other similar pro;ects that are well nan or aggresively marketed and evidence in the community of 111pply cmstraints. At this point we do not suggest a aimmunity IUIW)' effort to delauaiue citizen desires. Surveying of vaguely defined desires is not u effective u aurwying later when respondents can be queried on specific alternatives with thorough delaiption of pricing and location options. TASK 4 DEVELOPMEN1 OPT1or,,,s E\ ALUATIO', Upon completion of the internal and external 111 r c ment and the needs assessments, the pro;ect team (including the City's steering comuuttee coordinator described in Task 1) will be in the position to evaluate alternative de\elopu.ent options. We anticipated the development of three general alternative developuient mrioa. Thee would be: • Low investment alternative • Moderate investment alternative • High investment alternative m-, ' I I . 0 • -~----------:--------- • • This &amework would allow members of the llleering committee to consider the opportunities and risks associated with each investment path. The pro;ect team will define alternatives and provide estimates of capital and operating cost iequinments. In addition, BBC will develop financial models to provide calculations of how aggressive cost nmvery mechanimll and pieing might be employed to help the~ NC..VVel'. the cost of developaient and ~ Conceptual drawings and plans will be developed. The following six .. aft envilianed: • =~ session with Oty's slelring cammiltlle and appropriate • Creation of initial development alternatives • Cost estimation and c:alculations usociated with each alternative including basis for cost estimation data • Second strategic: planning session • Development of prefeued alternative with internal options • Development of broad schematics and conceptual repreNntation of proposal From this process, a prefened program will be defined. fA.~r' t 1\."."', 14 ,".."',' ",l ..... ('~ f 't .,'--' ·, With a preferred alternative defined. the pn,iect 1111m will be in pa1itian to conduct and complete the marlcet and financial fNlibility analysis. The emphm of this analysis will be on determining liJcely utilization rates. dewlapment coats and oPIRlinK ~ The financial and marlcet fusibility anal)'l9 wiD doc:um8lt the fuD ... ol cost and revenues usociated with the prefemd alternative. The following ltlpa are mticipaled: • Test the preleued plan in the marketplace. Thia will involve: proactive oulreach efforts to editing recratiaNl groups in the CDllllllllllity; and • community survey effort. budgeted lar in 1h11 ....... but not yet defined. This may be a ltatiatically valid philM auney, a mail survey, newspaper inNrt, --of pubUc ....... CII' focus groups. Final IUl'Ye)' daign is best ac.mnpliahed later IO that surveying technique will match the nature o( data ........... • Development of construction and operation pro larmu and pricing llralegiel based on the Oty's cost and pricing phllolophy. • 0 'a2xl • • • . . TASk 6 DRAFT AND FINAL PLA'\ The development of recommendations will be a critical juncture for extensive public participation. The project team will develop i documentation of the premftd alternative, which will be distributed llaou&h ihe ~tion Department. ~tic plans and drawings will be developed. The same list of contacts, which wu originally developed for the external UM?ument outnadt (in Tult 2), will be utiJmd to mail and notify interest groups. Conceptual plans and drawings will be developed. A public aweting will be offered to receive public mmment and proaclive efforts will be made to .... ana identify groups with an interest in the recreation development. • Production of a Draft Fmal Report. • Presentation before Boards and Commialion. The PrcJiect Team will represent the draft Plan before public Boards and Commilliona u well u in public forum for review and modification. Four public: m•ti11p are anticipated and two meetings with City Council. Based on the public hearings. tations before board and commiMions. and internal review of the reaimmended p~ project team will develop a final plan for guiding the long term development of recreation facilities in the City o( Englewood. The plan will incorporate the following: • Complete evaluation of existing facilities, including opportunities and constraints praented by facilities and sites • Complete evaluation of existing and proapectiYe sites • Documentation of planning process and results of inlemal,. external and market ll'lldia • Rationale behind lelectiorl of p.efened invella_.. • Funding mec:hanilllw and cXJlt recovery philolophy. • Conceptual drawings and plans • Fifty ClClpiel of final report and 50 copies of a brief IUIIUIIU)' doamwnt. Two meetinp with City Council are included in this prapou1. ·-· . ' • . .. I. 0 'a2x l • • (, EXHIBIT 1¥4.. ....., ..... ...... ....... .. ..... -MarllClrW Dlnlc:tor or Prlnclpal $110-$130 --$75 SSIO Senior Auoclate or fQulvlllent IO eo 70 Releerch Auoclate or Equlvlllent eo 50 40 Computer/Technician/Analyst 40 35 35 IEXHIIIIT IV-2. Pllljeot •• ,. t ...... Talll .. ..... -1. Plqect lnltlallan end ScaplrW suoo IUOO SIOO 2. .... and External ~llfflllllS 15,790 13.IOO 3.200 3. NNcll~ 21.700 4.200 3,700 4. De\elopment Options E¥8luallon 4,IOO 2,100 5.100 . 5. Flnancial and.,._,. .. .,.,~ 7,700 IOO 2,100 e. Draft and Finer Plan 1.1ml 2a g PNINtT-IIMIIIIII .... ....... tM.111 T .... PlliNt CNI 111.111 .._: ._......._lnclullll2.400f/#._ ........... _ ..................... ¥4¢Na-. • • i ' . • .. ·~ • ' y • 1! I . !' 1 ' i I I . . . . 1 ra . ! I I I l i I I! J ~ 1; .I CD l -. :s -tq ;J f! 1 ' I I i : . i • i i( ;: cX I J~ . I i . ' 0 ii · I i . ' : I : : . ' I I r.1 e I ~ I I ' I I 1 I I I I I I I 1 I 1 I J 1 I I I I I I J .I .. .. " • • • • 0 • , 0 I• • : . ' I· 0 • ----------. ' • • - • . .... 0 • - ~- -__ _ ' . . I . 0 • . .... 0 - ' ,• .. •. I • .. . . I· 0 • 0 :. • I ' • • ' . 0 I• • I· • - • • • 0 • ~~-¥~~ 0 ~/.!tMJL~ -{W~~ /353g0_ {1j_ k~ -fJUi;v ~ w,r,k,~~~-1.wv~ . - ' ' . . " I . C .... • . - 0 • . . ' . ' ' ; . ' I· 0 ' ' 0 I • • -.· ---------- .- -----........ ... .---------::------- ' -··· _.,..,... _______ _ ------------- . - ---~-----u I . 0 • ' . 0 I • • . . • • I . C ' ~ . '= - -----·--~~~ .. 0 • • • . - . . I· ' .,-------:--~--. ' . . 0 • .. " . . I· 0 ' • -_-f /fl -- • ... ----. - ---~ 0 • ---- . . I· 0 ' • • • 0 I• • ' r , cr152-::;» /:!J()_,,) (!A fcJnoflJ. ~. f)10 ~ 1-/Juk,~~tfe-LJ;, ~~~- . ~ fJjj-k:J J;tm ~ --- , fuF~ Mli4V ~;2.0~~¥~ . - J/J~ ,• ' . . .. . . . I . 0 ---- -- • 0 • )Jiv _· --------- -- ' -~ ... I· 0 • • • ~ (M;_ w Lµf-;2~ {)~~ AGENDA FOR THE 2. 3. 4. REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 3, 1996 7:30 P.M. Call to order. ~ ~/"(:~~ Invocation. U)~ Pledge of Allegiance. ~ RollCall. 7~ 5 . Minutes. frt/J,,~:r•'/i;,;;&r\lty C ...... -of May 20, 1996.~ ~ Scheduled Visitors. (Pie~ your presentation to ten minutes.I regarding a zoning issue. 7. This item is for ,.._ • If ,ou IYw a lllabillly wl MIii aalllry _. •---. ..... ..., .. Clly .. El•uNIIOU-241S)at INII 41 haun In advance of when_.__......_ n-11,-. ' .. I . City Council Agenu June 3, 1996 ,.2 9 . Public Hearing. (None scheduled) g 0 • f (J &tJ 21°.i /:i:1l?l)i ~ge~ / a /)_ tlr;-o -f~l(~t"pchve on First Reeding . I Y-1 t . C~ ~ i. ii. Recommendation from the Utilities Department to approve, by motion, an Engineering Analysis of Englewood's Water Supplies and Demand. Staff recommends awarding this contract to Martin and Wood in the amount of $35,000. STAFF SOURCE: Stewart Fonda, Dnctor of Utlltiea. Recommendation from the Utilities Department to edopt a bill for an ordinance approving a license Agreement with Arapahoe County for crossing the City Ditch to install fiber optic cable in conduit. STAFF SOURCE: Stewart Fonda, Direct~ of UtlltiN. Approve on Second ~eadi . · . /() (J.--J · 'f-i / _ (fl})-:f -0 f. -Co~cf(J.-i/~o·. 1~ proposed a ~ts to the Comprehensive Zoning Ordinance relative to Planned Unit Developments. IY1 Jj ii. Council Bill No. 28, establishing a temporary suspension or moratorium of U 1.8. -certain miscellaneous business licenses for a period of six months. 11 . Ordinances, Resolutions, and Motions . a. Approve on First Reeding. /l;U ~ i. Recommendation from the Englewood Housing Authority to approve, by motion, an extension of the Option Agreement for the Sherman Street ,(; -O ..t-/ properties (3400, 3410, 3420, 3424, and 3428 South Sherman Street). A , 1 B,, J11. r STAFF SOURCE: Paul Malnowaki, of the Englewood f 1~/w -· ~ Housing Authority. u i {21(,. rr7't6, /2er(J.J?.JJ fi_f} C/.l) "2. ' ii. Recommendation'1r Department of Parks end Recreation to ~ approve, by motion, a professional services contract for a Recreation Facilities Feasibility Study. Staff recommends awerding the contract to ~ BBC Research and Consulting in the emount of He, 750. ITAFF 'J-u SOURCES: ....... llaclc. Dhctor of.._.,.,_,, ~,,,Md~ Mickelson, Recreation hrvtw .... IIIF• l/U ~ ,r., ~ b . Approve on Second Reeding. fr - ,.._..._ If,-hawa......,,wl .... ..a.,y_. • ..._,..__, .. Cllyel I :al w•(7U-MIS)M ............... _.., .................. n.11,-. • •. I . , • • '· 12. General Disc:union. a. ·Mayor's Choice. b. Council Members' Choa. 1 3 . City Manager's Report. a. Presentation on Englewood Municipal Code Section 15-e-e at 2870 South Acoma Street. ITAFF IOUIICB: • a. ad.al... 11 a,f C.n wtlty laRtces and ... 111tt, a-, ..... Olllalal. 14. Adjournment.~ /0 :(o~ The following minutes were transmitted to Council from 05/17/98-05/30/96: • Englewood Planning and Zoning Commission mNting of April 18, 1998 • Englewood Firefighters Pension Bo.-d meeting of January 1 1, 1998 • Englewood Police Pension ao.d meeting of January 1 1 , 1998 • Englewood Election Commission meeting of May 18, 1998 ......... ",... ..... a......, .......................... ..., .. ca,.,," •••C7U-Mllt• ............................................ • ' . • . .. I· • 0 1 32xl • • .. • June 17, 1996 REGULAR cm COUNCIL MEETING • 0 I ' ' ..