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Home My WebLink About1985-03-18 (Regular) Meeting Agenda• • - • • 0 City Council Meeting -Regular -March 18 , 1 9 85 .,;-Ol S . 1 '1 ~€ • • • - • - 0 0 ~c ~{-<-,_fU-). .#-;-'/. 15 /~ /1 If' I I I ' I . . • • ( • • - P R 0 C L A M A T I 0 N ----- WHEREAS, the ORDER OF DeMOLAY is a character building organization of young men from thirteen to twenty- one years of age, who are seeking to prepare themselves to become better citizens and leaders for tomorrow by develop- ing those traits of character which have strengthened good men of all ages; and WHEREAS, the organization has carried out the aforementioned goals for sixty-six years through programs of athletic competition, social activity, community service and charitable projects; and WHEREAS, the members of ENGLEWOOD DeMOLAY will observe the year of 1985 as the 66th ANNIVERSARY OF THE ORDER so as to exemplify to all citizens here and everywhere their many activities and to tender recognition to their millions of Senior DeMolays; THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, proclaim that MARCH 17 -24, 1985, be observed as INTERNATIONAL DeMOLAY WEEJ: and call upon our citizens to join in saluting the young men of the Order of DeMolay, and in expresstng our grateful appreciation for the fine examples set by them in contributing to the welfare of our comm unity. GIVEN under my hand and seal this 18th day of March, 1985. I • • • • • • - AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL MARCH 18, 1985 7:30 P .M. 1. Call to order . 2. Invocation by Reverend Robert Johnson, South Evangelical Presbyterian Fellowship, 3311 South Broadway . 3. Pledge of allegiance by Boy Scout Troop #115 and #154. 4. Roll Call. 5. Minutes . 6. 7. (a) Minutes of the regular meeting of March 4, 1985 . Pre-Scheduled Visitors. to 10 minutes.) (Please limit your presentation (a) Representatives from the Englewood DeMolay will be present to accept a proclamation declaring the week of March 17-24, 1985, as International DeMolay Week. Non-Scheduled Visitors. to 5 minutes.) (Please limit your presentation 8. Communications and Proclamations. 9. Consent Agenda. (a) Minutes of the Urban Renewal Authority meetings of February 6 arid 20, 1985. I • - • • • - Pag e 2 March 1 8, 1985 Ag e nd a 9. Con se n t Age nda (Cont i nued). (b) Minu e s of the Planning and Zoning Commission meeti n g o f Fe bruary 20, 1985. {c ) Ordinance on final reading appro v ing a permit agr e e- ment f or the City and County of Denver to allow for the installation a nd maintenance of a 30-inch condu i t on West Belleview Avenue between South Lowell Blvd. and South Federal Blvd. {d) Ordin a nce on fi n al reading r epealing the Retention o f L ib rary Books s ection of the Englewood Municipal Code and to replace it with sect i ons on Safegu a rd i ng Englewood Public Library Property which will pro vi d e a mechanism for book theft prevention and enforc e ment. 10. Public Hearing. 1 1. Ordinance s , Resolutions and Motions. (a) Recommendation from the Planning and Zon i ng Comm i ss i on that City Council receive its f indings o f fact con- c e rning proposed amendments to th e Comprehensi ve Zon i ng Ord i nance , that i t set a publ i c hearing, and t h a t it adopt th e 1985 Comprehensiv e Zoning Ord i nance. 12 . C ity Ma n ager 's Repor t . 13. City A o r ney 's Report . 14. Ge n era Discussion . (a) Muyor 's Choic . (b) Council Member's Choice. (i) Recommenda ion concerning appointments to Boards and Commissions . 15 . Adj ournme n t . /J "()/' J l , /; ~5' /Jr(._ ("1.!5 "' c ANDY MC COWN City Ma n ager AM /sb • I • • • - AGENDA ITEM ---- Dho~ ~ f~/l_f!_,?LR_ '1~vt ,;i_,/--/l )l I lc J. _/ jJ ~ '18 ''f 5 <!-< J~ ,_j,7fJ'"-JJ-(/:; -J /1 6!/ '~~1 1 J1\ ' ROLL CALL Moved Seconded Ayes Nay Absent Abs ta In Hladay Nea l Vobeida Wei st Bi lo Bradshaw Otis MOTION: I . . • • • • AGENDA ITEM -----PRESENTED BY ~-------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain t11 a day v- Neal v- Vo b e,da v- Wei st y-- Bl lo i-- Bradshaw ;..--- Otis t-- MOTION: I . • • / / AGENDA ITEM---i U - Moved Seconded Hlqday Neal Vobeida -We 1st I/ Bl lo y Bradshaw Otis MOTION: c.l..[P ROLL CALL • - PRES ENTED BY ~~~~~~~~- Ayes Nay Absent Abstain I I T - I I 1 I • • • - __s-' (~ AG ENDA ITEM -----PRESENTED BY --------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgelay -Neal Vo be 1da ·-Wei st ,, Bl lo I ;,,..-Bradshaw I Otis I MOTION: I • • • • AGENDA ITEM b {( . Moved v MOTION: I fl 1~ ( I} 2 J -. kb.'(... ., ,/ • Seconded 1.--- ( ' ROLL CALL HIQdav I Neal Vobe1da Wei st Rf lo Bradshaw Otis ,,---/') u ::V '? '_,(, c , J.. Uo u. ii.A.../ ,/ A 1) 0~ • - P RE SENTE D BY Ayes Nay Absent Abstain I I I I - I -- I • • ·1 l.I ic • • - /, L AGENDA ITEM \.j,J LJ --'---=--PRESENTED BY -~;J: o L 1 {, /;( ?<L, J 7\ &:cti)J C ;Jo '. t~ l__./ L } 1• <. l ROLL CALL Moved Seconded Ayes Nay Absent Abstain •-l Hfqday T Neal I 1 ' Vob e~da - Weist RI lo - Bradshaw . Otis -- MOTION: I . • • • - AGENDA ITEM ( I -~---PRESENTED BY --------- •' ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hf qaay Neal Vobe1da Wei st Bllo Bradshaw Otis MOTION: I • • • • • - • • >/, AGENDA ITEM __ 0_.__ __ PRESE NTED BY--------- //) ROLL CALL Moved Seconded Ayes Nay Absent Abs ta 1 n Hlodav Neal Vobe,da Wei st Bl lo Bradshaw Otis MCYI'ION: I • • • • • • ,. • AGENDA ITEM P RESENTED BY--------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HTQClay v Neal Vobe,da Wei s t Ril e 1/"" Bradshaw Ot is I • • MOTION: _ 'f"!· e>-._ , (.f07"v< • AGENDA ITEM ~ Moved Seconded J/ v MOTION: C{Jff Zr ;)/ L ( Hlqday Neal Vobeida Weist Bl lo Bradshaw Otis • • .. - PRESENTED BY ,)/ !c2t) 11 {) 1'L .f ) ROLL CALL Ayes Nay Absent Abs ta In :.> ) 'I , ) I • • • • AG ENDA ITEM I /b r PRE SENTE D BY (J_ hf."p )'-. .J ROLL CALL Moved Seconded A yes Nay Absent Abstain IY Hlooav Neal Vobe,da Weist IV Rj lo Bradshaw Ot i s . . I • • • • • - AGE NDA ITEM ----PRESENTED BY ------ ROLL CALL Moved Seconded A yes Nay Absent Abstain Kl nl'lav -- Neal -- Vobe,da Weist Bllo - Bradshaw I Otis I MOTION: I . • • • • AGENDA ITEM PRESENTED BY _7_:_=.ck=-:::::..>..f.~- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hl<1aav -Neal -- Vobeida - Wei st - v-Rj lo \ v Bradshaw I Otis l MOTION: I • • • • • • - AGE ND A ITEM ----P RE S ENT ED BY ------ r-/ ' J {; u )_ )' ,, Vi~ . < r I 3 I 1 0 S-cjJu /)'\v& '-j_l;t;j'I ,~ Co> 'NV -. / dh~ 1 J /<-<f ' pv (j' &u J/U?"JJ r ;z,f Ayes N ay Ab sent Abstain Hlodav Neal Vobe,da Wei s t RI lo Bradshaw Otis MOTION: I . • • • - JJ ~v.J a,._,, ',1 cd~1J AGENDA ITEM ---- oz ~ //)~~- W~117)~ 71 )c C tJui-v.) ROLL CALL Moved Seconded Hlooav Neal Vobe1da We 1 st Bl lo Bradshaw Ot is MorION: • • • - PRESE NT ED BY ------- Ayes Nay Absent Abstain I . • • AGENDA ITEM Moved MOTION: • • • • - -----PRESE NTED BY ------- Seconded ROLL CALL Ayes Nay Absent 111goay ·-Nea 1 J.,.-- Vobe1da v- Wet st ~ Bl lo ,_., Bradshaw v Otis y- ;b )1 ~ m lie] ) I a i L-L 1: 3v 7>'1 • Abs ta In I • • • • • • NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, MARCH 25, 1985 7:30 P.M. The City Council of the City of Englewood, Arapahoe County, Colorado, is called to a special meeting at City Hall, 3400 South Elati Street, for the purpose of conducting regular business defe r red because of the cancellation of the regular City Council meeting of March 18, 1985. An agenda detailing the nature of this business is attached . ~~o{a Mayor ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all City Council Members of the City of Englewood, Colorado, do hereby ack nowl edge receipt of notice of the above special call 24 hours prior to the special meeting in accordance to Section 1-4-2 of the 1969 Englewood Municipal Code, as amended. ~~ctv4(Jc. ~ • I . ( • • • - NOTICE OF CALL BY THE MAYOR FOR A SPECIAL SESSION OF THE CITY COUNCIL MONDAY, MARCH 25, 1985 7:30 P.M. The City Council of the City of Englewood, Ar a p a ho e County, Colorado, is called to a special meeting at City Ha ll, 3400 South Elati Street, for the purpose of conducting r eg ul a r business deferred because of the cancellation of t h e r eg ul a r City Council meeting of March 18, 1985. An age nd a d etail ing the nature of this business is attached. EUGENE L. OTIS Mayor ACKNOWLEDGEMENT OF RECEIPT OF NOTICE The following persons, all City Council Members of the City of Englewood, Colorado, do hereby acknowledge receipt o f not i ce of the above special call 24 hours prior to the specia l meet i ng i n accordance to Section 1-4-2 of the 1969 Englewood Mun ici pal Code, as amended. -------------------·---- -------------- • I . I ( \ (1 1. • • •' - AGENDA FOR THE SPECIAL MEETING OF THE ENGLEWOOD CITY COUNCIL MARCH 25, 1985 7:30 P.M. Call to order. Invocation by Reverend Robert Johnson, South Evangelical Presbyterian Fellowship, 3311 South Broadway. Pledge of allegiance by Boy Scout Troop #115 and #154. 4. Roll Ca 11. 5. c( 6. Minut es. + (a) Minutes of the regular meeting of March fi, 1985. (b) Minutes of the regular meeting of March 18, 1985. Pre-Scheduled Visitors. to 10 minutes.) (Please limit your presentation .(flu 'IH'-,~J (a) Representatives from the Englewood DeMolay will be present to accept a proclamation declaring the week of March 17-24, 1985, as International DeMolay Week • I I 1 { .r ' . ) . . ( • \-- (b) Representatives of the Englewood Jaycees will be present to discuss and r e view plans for the July 4th Fireworks Show at Centennial Park • Non-Scheduled Visitors. (Due to special meeting status, there will be no discussion under this item.) 8. Communications and Proclamations. (Due to special meeting status, ther e w i ll be no discussion under this item.) • I • 1- ( ( • • • - Page 2 March 25, 1985 Agenda Consent Agenda. (a) Minutes of the Urban Renewal Authority meetings of February 6 and 20, 1985. (b) Minutes of the Planning and Zoning Commission meeting of February 20, 1985. Ordinance on final reading approving a permit agree- ment for the City and County of Denver to allow for the installation and maintenance of a 30-inch conduit on West Belleview Avenue between South Lowell Blvd. and South Federal Blvd. Ordinance on final reading repealing the Retention Of Library Books section of the Englewood Municipal Code and to replace it with sections on Safeguarding Englewood Public Library Property which will provide a mechanism for book theft prevention and e nforcement. 10. Public Hearing. (Due to special meet i ng stat us, there will be no discussion under this item.) 11. Ordin a nce, Resolutions and Motions. {a) (b) cL Recommendation f rom the Pl a nning and Zoning Commission that City Council rece ive its findings of fact con- concerning proposed amendments to the Comprehensive Zoning Ordinance, that i t set a public hea r ing , and that it adopt the 1985 Comprehensive Zoning Ordinance. Recommendation to award the low bid of $415,800 to Summit Constructors for renovation and addition to the Administration Building at the Bi-City Wast e wat er Treatment Plant. The amount w ill be shar ed equally by L ittleton and Englewood. 12. City Manager's Report. (Due to special meeting status , there will be no discussion under this section.) 13 . City Attorney's Report. (Due to special meeting status, there wil l be no discussion under this section.) • I • • ( ( • • • • Pag e 3 March 25 , 1985 Agenda 14 . Ge neral Discussion. (a) Mayor's Choice. (b) Council Member's Choice. (i) Recommendation concerning appointments to Board and Commissions . l,~; Adjournment. ~/"/) J?.f)'Yl.J...:J I I /, r 1 > I JJ I ~ -----J\l L /itc9 //'C. t'tl .,., tV' ANDJ MC cbwN City Manager AM/sb • I • • ( ( REGULAR MEETING: • • - COUNCIL CHAMBERS Ci ty of Englewood, Colorado March 4, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on March 4, 1985, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Past or Tony M. Smith, First Ass e mbly of God, 4101 South Lincoln Street. The pledge of allegiance was led by Boy Scout Troops #115 and #154. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Cou ncil Members Hi gd a y, Ne al , Vobej da, We i st, Bilo, Bradshaw, Otis . Absent: None. The Mayor declared a quorum present. * * Also present were: * * * * * * * City Manager Mccown As sistant City Man ager Vargas City Attorney Olsen Director of Engineering Services Diede Deputy City Clerk Owen * * * * * MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF FEBRUARY 19 , 1985. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bilo, Bradshaw, Otis . Nays: None. Abstain: Council Member Weist. The Mayor declared the motion carried. * * * * * * * • I • • ( • March Page 4, 2 • - 1985 There were no prescheduled visitors. * * * * * * * There were no other visitors. * * * * * * * There were no communications and proclamations. * * * * * * * "Consent Agenda Items" were: (a) (b) (c) (d) (e) (f) Minutes of the Englewood Downtown Development Auth- ority meeting of January 9, 1985. Minutes of the Board of Adjustmen t and Appeals meeting of January 9, 1985. Minutes of the Parks and Recreat i on Commission meeting of January 10, 1985. Minutes of the Planning and Zoning Commission meeting of February 5 , 1985. Minut es of the Publ ic Advisory Board meeting of February 12, 1985. Ordinan ce on final reading to approve the 1985 contract for catalogi n g and processing services for library materials between the Englewood Public Library and SEMBCS (Southeast Metro Bo ard of Cooperative Services). (g) Ordinance on fi nal reading to approve a joint agreement with the U.S. Geological Survey to purchase and operate a minimonitor for the South Platte River for the sum of $4,750 .00 (50% of cost). COUNCIL MEMBER NEAL MOVED TO APPROVE CONSENT AGENDA ITEMS 9(A) - 9(G). Council Member Bi lo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higd ay , Neal, Vob jda , Weist , Bilo , Bradshaw , Otis. None. • I • • • March 4, 1985 Pa ge 3 • • • The Mayor declared the motion carried. Consent Agenda Item 9(f) was numbered Ordinance No. 16, Series of 1985, Consent Agenda Item 9(g) was numbered Ordinance No. 17, Series Of 1985, * * * * BY AUTHORITY ORDINANCE NO. SERIES OF 198=5~~~ A BILL FOR * •· * COUNCIL BILL NO. 15 [NTRODUCED BY COUNCIL t!EMBER BRADSHAW AN ORDINANCE GRANTING TO CITY AND COUNTY OF DENVER, ACTIVE BY AND THROUGH ITS BOARD OF WATER COMMISSIONERS, A MUt!ICIPAL CORPORATION OF THE STATE OF COLORADO A PERMIT TO CONSTRUCT AND MAINTAIN A HATER CONDUIT THROUGH THE CITY OF ENGLEWOOD, COLORADO A MUNICIPAL CORPORATION. MAYOR PROTEM BRADSHAW MOVED TO PASS COUNCIL BILL NO. 15, SERIES OF 1985, ON FIRST READING, Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as f ollows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. Th e Mayor decla red the motion carried. * * * * * * * Director of Libraries Sharon Winkle presented a recommendation to repeal the "Re tentio n of Library Books" section of the Englewood Municipal Code and to replace it with sections on "Safeguard ing Englewood Public Library Property" wh ich will provide a mechanism for book theft prevention and enforcement . ORDINANCE NO. SERIES OF 198S---- BY AUTHORITY A BILL FOR • COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMBER HIGDAY I • • March 4, 1985 Page 4 • • • AN ORDINANCE AMENDING TITLE XI, CHAPTER 9, SECTION 7, OF THE ENGLEWOOD MUNICIPAL CODE '69, AS AMENDED, PROHIBITING DEFACING, DESTROYING, OR REMOVING PROPERTY FROM THE ENGLEWOOD CITY LIBRARY. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 16, SERIES OF 1985, ON FIRST READING. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. Nays: None. The Mayor declared the motion carried. RESOLUTION NO. 11 SERIES OF 1985 * * * * * * * A RESOLUTION DECLARING THE INTENTION OF THE CITY COUNCIL OF ENGLEWOOD, COLORADO, TO CREATE A SPECIAL IMPROVEMENT DISTRICT IN THE CITY, TO BE DESIGNATED AS PAVING DISTRICT NO. 30, ADOPTING DETAILS AND SPECIFICATIONS FOR THE PROPOSED DISTRICT, AND ORDERING PUBLICATION AND MAILING OF THE NOTICE OF HEARING TO THE OWNERS OF THE PROPERTY TO BE ASSESSED FOR IMPROVEMENTS IN THE DISTRICT. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION N0.11, SERIES OF 1985 . Counc il Mem ber Vobe j da seconded the motion . Director of Engineering Serv ices Gary Diede came forward and discussed the resolution . Director Died e noted the following changes : 1 . On page 6 beneath "Asph alt paving -40'width $37 .8 1 per front foot (8 and 3)u add "Asphalt paving -20 'w idth. Area assessment $0.17 per square foot assessable property (6 and 2)" 2. On page 7 strike "$16 .71 per front foot" add Area Assessment "$0.16 per square foot assessable property" 3. On page 7 second full paragraph, last line insert after "basis" the followin~ ", except as provided b low," I • • March 4, 1985 Pag e 5 • • - 4. On page 7 before the last paragraph add the following: "The improvements along the south side of the 800 block of East Amherst Avenue, the west side of the 2800 block of South Emerson Street, and all of the 600 block of East Washington Circle will be assessed on an area basis, according to the square footage of the assessable property adjacent to the above streets". Council Member Neal requested that Dir ector Diede contact a property owner who had quest i ons concerning paving a dirt circle. MAYOR PRO TEM BRADSHAW MOVED TO SUSPEN D THE RULES AND ALLOW ATTENDEES TO SPEAK CONCERNING THE PAVING DISTRI CT. Council Memb e r Bile seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. Council Member Neal noted any comments would have to be repeated at the public hearing if the attendee wanted the comment to go on official record. Carolyn Dearington Tate, 2798 South Emerson, came forward. Mrs. Tate 's question related to the assessme nt formula and costs primarily. Council referred Mrs. Tate to Director Diede who was able to provide specific information. Council Member Bile noted that the public hearing on Paving District #30 was April 8, 1985; and the final ordinance would be May 6, 1985. Upon a call of the roll, the vote on the orignal motion to pass Resolution No. 11, Series of 1985 resulted as follows: Ayes: Nays: Council Members Higday, Nea l , Vobejda, Weist, Bile, Bradshaw, Otis. None. The Mayor declared the motion carried. I • ( March 4 , 1985 Pag e 6 RESOLUTION NO. 12 SERIES OF 1985 • • - A RESOLUTION URGING THE PASSAGE OF H.B.1134 BY THE COLORADO GENERAL ASSEMBLY , WHICH ACT GRANTS AN EXEMPTION FROM DAMAGES TO LOCAL GOVERNMENTS FROM FEDERAL ANTITRUST LAWS. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO . 12 SERIES OF 1985. Mayor Pro Tern Bradshaw sec onded the motion . Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal , Vobejda, Weis t , Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. * RESOLUTION NO. 13 SERIES OF 1985 * * * • • * A RESOLUTION FOR THE INDEMNIFICATION OF ELECTED OR APPOINTED OFFICIALS OR EMPLOYEES OF THE CITY OF ENGLEWOOD , COLORADO. MAYOR PRO TEM BRADSHAW MOVED TO PASS RESOLUTION NO. 13 SERIES OF 1985 . Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes : Nays: Council Members Higday , Ne al , Vob ejda , Weist , Bilo, Br adsha w, Ot i s. None. The Mayor decl ared the motion carried • * * • * • * * City Manager Mccown presented a recommendation from the Parks and Recreation Department to approve the award of bid for a slopemower. Mr. Mccown stated the equipment would be used at the de te ntion pond. MAYOR PRO TEM BRADSHAW MOVED TO APPROVE THE AWARD OF BID TO BOYD DISTRI BUT I ON COMPANY , INC. IN THE AMOUNT OF $26,478.00. Council Member Bilo seconded the motion . Upon a call of the roll , the vote resu lted as follows: Ayes: Council Members Higday, Neal , Vobe j da, Weist, Bilo , I • -• • • March 4 , 1 98 5 , P a g e 7 ( ( • Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bi lo, Bradshaw, Otis. None. The Mayor declared the motion carried. • • • • • • • COUNCIL MEMBER NEAL MOVED TO AUTHORIZE THE CITY ATTORNEY'S OFFICE TO DEFEND THE CITY IN THE MATTER OF MCINTYRE vs THE CITY. Mayor Pro Tern Bradshaw seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Nays: Council Members Higday, Neal, Vobejda, Weist, Bilo, Bradshaw, Otis. None. The Mayor declared the motion carried. • • • • • • • City Attorney Olsen informed Council that the McNamara vs the C i ty case regarding property loss would probablt be dismissed. The reason being the plaintiff did not appear in court • • • • • • • • Mayor Pro Tern Bradshaw complimented staff on the fine dedication ce r e monies at the Commun i ty Cen te r l a st Saturday. City Manager Mccown c o mpl i mented Dorothy Da l qu i st spec ifi cal l y for h e r work in th e dedi c a ti on ce r e mo ny. • • • • • • • No further business was discussed. COUNCIL MEMBER HIGDAY MOVED TO ADJOURN . There being no further business the Mayor a d journed the meeting wit hout a vote at 8 :23 pm . <2a2!£~_£~~----- u eputy City Cl e rk • I • • REGULAR MEET ING: • • • COUNCIL CHAMBERS City of Englewood, Colorado March 18, 1985 The City Council of the City of Englewood, Arapahoe County, Colorad o , met in regular session March 18, 1985, at 7:30 p.m. Mayor Pro Tern Bradshaw, presiding, called the meeting to order. Also present were: City Manager Mccown Deputy City Clerk Owen Mayor Pro Tern Bradshaw postponed proceedings any further and asked for a roll call. Upon a call of the roll, the following were present: Council Members Vobejda, Bilo, Bradshaw. Absent: Council Members Higday, Neal, Weist, Otis The Mayor Pro Tern declared no quorum was present and rescheduled the meeting to Monday, March 25, 1985 at 7:30 p.m. Council Member Bilo moved to adjourn. Mayor Pro Tern Bradshaw adjourned the meeting at 7:35 pm. I • • • • • • P R 0 C L A M A T I 0 N WHEREAS, the ORDER OF DeMOLAY is a character building organization of young men from thirteen to twenty- one years of age, who are seeking to prepare themselves to become better citizens and leaders for tomorrow by develop- ing those traits of character which have strengthened good men of all ages; and WHEREAS, the organization has carried out the aforementioned goals for sixty-six years through programs of athletic competition, social activity, community service and charitable projects; and WHEREAS, the members of ENGLEWOOD DeMOLAY will observe the year of 1985 as the 66th ANNIVERSARY OF THE ORDER so as to exemplify to all citizens here and everywhere their many activities and to tender recognition to their millions of Senior DeMolays; THEREFORE, I, EUGENE L. OTIS, Mayor of the City of Englewood, proclaim that MARCH 17 • 24, 1985, be observed as INTERNATIONAL DeMOLAY WEEJ: and call upon our citizens to join in saluting the young men of the Order of DeMolay, and in expresstng our grateful appreciation for the fine examples set b y them in contributing to the welfare of our community. GIVEN under my hand and seal this 18th day of March, 1985, Mayor • I • • Gene Otis , Mayor 3 400 S . Elati St . I:nglewood , CO 80ll0 Dear Mayor Otis : • • • ENGLEWOOD JAYCEES P.O. Bo x 124 Englewood, Co lorado 80151 March 22, 1985 CITY MA NAGh ~ UfflCE EN GL EWOOD For the past two weeks we Engle..rood Jaycees have been busy and excited as we have begun planning the 1985 4th of July Spectacular . 'i'his year , with proper licensing and authority , we are planning to have a beer garden selling 3. 2 beer and snacks. l\e have ccr.pleted and sub'nitted the necessary applications to the liquor licensing authority as we did not want to run short of time but we still feel it's necessary that y ou be aware of this change to last year 's progra'TI . Our plan is to sell fran 12:01 PM to 9:00 PM (at which time the fireworks begin) out of a 40' x 60 ' te.'1t that will be enclosed by an 8' chain link fence . 7'1~ fenced area will include seating and picnic tables. Beer will not be allo.ved out of this area . Everyone purchasing r will be d1ecked for proper I .D. Andy McCo.vn has scheduled us at the March 25th City Council rreeting to present our plans in detail and answer any questions the council ITT2!rbers may have. We are hoping that this year 's 4th , with the help of the beer garden, will be m::>re successful than last year 's. We wela::r.c your questions , COllOC'nts and suggestions. Sincerely , / ..I ,'I C. /\, Pfeifer President , EnglewcxXI Jaycees cc: City Council • • I • • • OBJECTIVE : 4th of Ju ly Beer Garden • • • Raise money to be financially able to 1 ) p rovi de the 1986 50th Annual 4th of July Spectacular at no cost to the public and 2) increase the amount of fireworks to be purchased. LICENSING/AUTHORITY : PLAN: SECURITY: SAFETY : Park use permit #0 4769 -on hand Special Events Permit -submitted March 18 , 1985 Sales tax license will be applied for Enclose an BO ' x 80 ' are a (Beer Garden} with 8 ' chain link fence (NW corne r of the park). Set up a 40 ' x 60 ' fence on th e No rth e nd of the fenced area to se ll out of. Set up p icnic type tabl es and chairs in the remaining 40 ' x 80' area . Sell from 12:01 p .m. to 9 :00 p .m . (firing time) Sell 12 ox. 3 .2 % bee r for $1.07 and snacks, i.e , pretzels , chips at approximately $.35 each . There will be 4 taps. We will use 3 servers, 1 cash ier and 1 person checking I .D. 's. 3 res e rve officers -covering the entrance , exit and t h e picnic are a. Signs : The following will be posted on the fe nce at the entrance : "Must be 18 years or older to enter " "Va lid I .D. req uired" "No beer will be allowed out of the Fenced Garden Area" Entra nce , Exit signs The following will be posted at the sale booth : "W e reserve the right to refuse service to anyone" Price signs, directional signs and any signs required by the l iquor license board. Emergency medical/service/fire vehicles parked immediately west of the garden area . Fire extinquishers -2 Lighting and Fans -electrical power source will be portab l e . I • • - 'l 'll • • • • Englewood Jaycees 4qth annual Firew orks Show, site p lan. Rt •«•'-J l'u., k .~ ... Cm t'~'"(..~ 5 .. 1'~ .... t. location: Centennial Park, S. Federal and W. Union, • - I • • - ( I. CALL TO ORDER. • • • URBAN RENEWAL AUTHORITY February 6, 1985 The regular meeting of the Urban Renewal Authority was called to order by Chairman Voth a t 5:40 P . M. Members present: Cole , Minnick, Neal, Novicky, Totton, Va nDyk e , Voth Mcintyre, No n-voting Alternate Powers, Executive Director Members Absent: None Also present: Assistant Director Wm. Richard Hinson Relocation Officer Judith Belnap Director of Engineering Services Gary Diede Penney Dietrich, EDDA Executive Director II. APPROVAL OF MINUTES. January 9, 1985 Chairman Voth stated that the Minutes of J anuary 9, 1985, were to be considered for approval. Minnick moved: Tatton seconded: The Minut es of January 9, 1985 be approved as written. AYES: Minni c k, Neal, Novicky, Tatton, VanDyke, Voth, Cole NAYS: None ABSTAIN: None ABSENT: None The motion carried. III. MULLER ENGINEERING Ms. Po w rs noted that Mr. Diede is present to discuss the proposed new c ontract with Muller Engineering for Bid Package #2 . Neal moved: Minnick second d: It m 3D on the Agenda be moved forward for considera- tion at this time. AYES: Neal, Novicky, Tatton, VanDyke, Voth, Cole, Minnick NAYS: None ABSENT: Non e ABSTAIN: Non Th motion cnrri d. • I • • • • .. • -2- Mr. Diede stated that the contract has not been received from Muller Engineering at this time. Mr. Diede discussed a list of items that need to be considered in relation to the contract, such as installation of sandstone along the walkways as well as in the waterway. Ms . Densel Ragland, Civil Engineer, entered th e meeting. Mr . Diede noted that the Bid Package #2 also includes the specifications for the electrical lighting along the Parkway, and felt that this needed to be reviewed in depth by staff before the Contract is submitted to the Authority. Mr. Diede pointed out that the total contract is estimated at $42,000; a budget updat e recently allocated $50,000 for design fees, and this pro- posed contract will be well within that budget. Mr. Diede stated that he would like Muller Engineering to continue working on the rebid package, and to assure this, Mr . Diede asked that the Authority authorize payment on an hourly basis until the co ntract is signed by the Authority and by Muller. Mr. Minni ck asked about the hourly wage ceiling proposed for the interim period until the contract is signed. Mr. Diede stated that whatever is paid on the hourly rate will be part of the total $42,000 contract budget. Minnick moved: Novicky seconded: The Urba n Ren wal Authority authori ze payment on an hourly r at to Muller Engineering personnel until the new cont ra ct on Bid Package 112 is signed . AYES: Neal, Novicky, Totton, VanDyke , Voth , Cole, Minnick NAYS: None ABSENT: None ABSTAIN: None The motion carried. IV. CAMP, DRESSER, & McKEE Ms. Ragland discussed a request from Camp, Dresser & McKee that an addi- tional $2,000 be added to their budget to cover additional costs for Resi- dent Engineering Services. Ms. Ragland stated construction of the water- line has taken longer than anticipated, which required more trips by the R sident Engineer. Locations of existing utilities varied from what was mapped, which also required the Resident Engineer to spend additional tim det rmining needed adjustments . Ms. Ragland stated that she feels the additional funds are justified , and recommended increasing the budget to CDM by $2,000. Discussion nsu d. Novicky moved: Totton seconded: Th Urban R newal Authority approve an increase of $2,000 in the budget for Camp, Dresser & McKee; total budget amount is to be increased from $12,900 to $14,900 • • I • • • • • - -3- AYES: Novicky, Tatton , Va nDyke, Voth , Cole , Minnick, Neal NAYS: None ABSENT: None ABSTAIN: None The motion carried . V. MONTHLY CONSTRUCTION REPORT. Ms . Ragland r eviewed the monthly construction report. Mr. Novicky aske d if the co ld weather h as slowed the project. Ms. Ragland stated that it did for a period of time. VI . LITTLE DRY CREEK . Final Design Plans East of Broadway . Ms . Powers stated that a presentation of the Final Design Plans of Little Dry Creek east of Broadway was mad e to the Authority some time ago; it is the opinion of staff that there should be something in the r ecord that the Authority did view these plans and approve or d isap prove of the plans. Va nDyk e moved: Minnick seconded: The Urban Renewal Authority accept and app r ove the Final Design Plans for Little Dry Creek east of Broadway, and that the Plans be accepted by Ci t y Council as ap- proved by the Authority . AYES: Tatton, VanDyke, Voth, Cole, Minnick, Neal, Novicky NAYS : None ABSENT: None ABSTAIN: No ne The motion carried. Ms. Powers noted that the City Manager has suggested a presentation s h ould also be made to the Parks & Recreation Commission . Mr . Neal asked that he be called if any changes result in the plan from this presentation. Mr. Diede stated that it will be a "presentation as approved", and no changes will be asked for. VII. ELECTION OF OFFICERS . Tatton nominated Robert Voth as Chairman of the Urban Renewal Authority. Novicky s conded the nomination. VanDyke nominated Larry Novicky as Vice-Chairman of the Urban Renewal Authority, and designated Susan Powers as Executive Director/Secretary of the Urban Renewal Authority. Mr. N al seconded the nomination. Tatton moved: Minnick second d: The nominations for Chairman and Vice-Chairman cease, and a unanimous ballot be cast for Mr . Voth for Chairman, Mr. Novicky for Vice-Chairman, and for Susan Powers as Executive Director/Secretary • • I • • • • - -4- AYES: VanDyk<', Voth, Cole, Minnick, Neal, Novicky, Totten NAYS : None ABSENT: Non e ABS TAIN : None The motion ca rried. VIII. RELOCATION CLAIMS . Merle Norman Cosme ti c Studio Ms . Belnap s t a ted that Merle Nonnan Cosmetic Studio has gone out of busi- nes s, and Mr. Loach has requested the payment of $2,500 in lieu of actual relocatio n benefits . Novicky moved: Minnick seconded: The Ur ban Renewal Authority approve payment of $2,500 in lie u of actual relocation expenses to Mr. and Mrs. Loach (Merle No rman Cosmetic Studio). AYES: Voth, Cole , Minnick, Neal, Novicky, Totten, Va nDyke NAYS: None ABSENT: Non e ABSTAIN: None The motion ca rried . RELO CATION CLAIM Englewood Camera Ms. Belnap stated that Engl ewoo d Camera ha s file d a claim for c omp ensation for the installation of two signs at the two new a ddresses ; the request is for $1 ,800, which included cos t for electrical hook-up. The cost fo r the elect r ical hook-up is not a compe nsable item , and staff recommends payment of $1 ,400 to Englewood Camera for the installation of the two signs. Totten mov ed : Minnick seconded: The Urban Renewal Authority authorize payment of $1 ,400 to Englewood Camera for the installation of two signs at the two new business addresses. AYES: Cole, linnick, Neal, Novicky, Totten, VanDyke, Voth NAYS: None ABSENT: None ABSTAIN: None The motion carried. RELOCATION CLAIM Colorado 's Finest Meats Ms. Belnap discussed a relocation claim filed by Colorado 's Fin st Meats; this claim covers replacement of an obsolet cutting board and m at stuffer. Ms. B ]nap discussed th depreciation schedule the staff has prepared, using a 20-year life-of-equipment depreciation seal • Ms. Belnap stated th t pay- I • • • • - -5- ment for these ltems would be made only upon presentation of proof of purchase of the new e quipment. Cole moved: Totton seconded: The Urban Renewal Authority approve payment of $4,856 to Colorado's Finest Meats for replacement costs for an obsolete cutting board and meat stuffer. AYES: Minnick, Neal, Novicky, Totton, VanDyke, Voth, Cole NAYS: No ne ABSENT: None ABSTAIN : None The motion carried. RELOCATION CLAIM United Brokers, Inc. Ms. Belnap presented a relocation claim filed by United Brokers, Inc.; this business relocated to Denver in December . This is the first reloca- tion claim filed by this business, and future claims will cover costs for reinstalling signs, etc. Staff recommends payment of $2,563 .39; United Brokers had asked for compensation of expenses in advertising the move which exceeded the approved amount . Neal moved: Minnick seconded: The Urban Renewal Authority author ize payment of $2,563.39 to United Brokers as a partial relocation claim payment . AYES: Neal, Novicky, Totton , VanDyke, Voth, Cole, Minnick NAYS: ABSENT: ABSTAIN: None None None The motion carried. RELOCATION CLAIM Transportation Consultants, Inc. Ms. Belnap presented a claim from Transportation Consultants of Colorado, Inc., requesting compensation for moving the telephone system. This is not a final claim for this company. Staff recommends payment of $654.86 for the relocation of the telephone sys tem. Novicky moved: Minnick seconded: The Urban Renewal Authority authorize payment of $654.86 to Transportation Consultants, Inc. for reinstallation of the telephone system. AYES: Novicky, Totton , VanDyke, Voth, Cole, Minnick, N al NAYS: None ABSENT: None ABSTAIN: None The mot ion carried. • I • • -• • • -6- RELOCATION CLAIM Queen City Candy Co., Inc. Ms. Belnap stated that Queen City Candy has requested payment for discon- nection of electrical equipment in preparation for their move from the South Acoma Street premises. Staff recommends payment of $245 .00 for this service . Ms. Belnap stated that the retail portion of the Candy Company is in operation; all of the old equipment from the Acoma site is in storage. Cole moved: Minnick seconded: The Urban Re newal Authority authorize payment of $245.00 for disconnection of the electrical equipment for Queen City Candy Company. AYES: Tatton, VanDyke, Voth, Cole, Minnick, Neal , Novicky NAYS: None ABSENT: None ABSTAIN: None The motion carried. IX. OBSOLETE EQUIPMENT. Mr. Hinson discussed disposition of obsolete equipment from several of the businesses that have relocated from the downtown area, and a request from one of the businessmen's legal counsel that the y be allowed to keep the obsolete equipment after the Authority has compensated the business- man for the r placement costs . It is the opinion of this particular busi- nessman and his legal counsel that some of the parts from the obsolete eq uipmen t could be of value in the new location, or that the businessman might be able to recoup some of his losses by selling the equipment to private parties, or o ut-of-state . Mr. Hinson pointed out that the Au- thority would have to pay storage charges on whatever equipment is not r turned to the businessmen, and questioned that a sale of this obsolete eq uipment by the Authority would cover the storage costs. Discussion ens ued. Ms. Powers suggested a statement should be signed by the busi- nessman acknowledging that this equipment would not be for their use because it is "obsolet ". Mrs. Cole asked if this equipment at the Candy Company and the Finest Meats Company really is obsolete. Ms. B lnap stat d that according to documents she has viewed from Tri-County Health and the State, and F.D.A . regulations, it is obsolete. Novicky mov e d: Minnick seconded: The Urban Renewal Authority sell, for an appropriate nominal fee, obsolete equipment to the former owner of such equipment, provided this businessman/owner agrees to sign a document waiving further relocation compensation from the Authority, and releasing the Authority from any liability in regard to the obsolete equipment. AYES: VanDyk , Voth, Cole, Minnick, Neal, Novicky, Totten NAYS: Non ABSENT: Non ABSTAIN: Non • I • • ....... • • • .. • -7- The motion c arried . X. FINANCIAL REPORT. Ms. Powers discussed the Financial Report for Janua r y, 1985, and pointed out that a year-end 1984 report will be available shortly . Mr. Tatton questioned items #8, 41, 43, and 45. Ms. Powers stated that Item #8 was purchase of an easement; items #41, 43, and 45 have not been fully billed to the redeveloper for reimbursement. Ms. Powers stated that the revenues indicated do not show the interest earned on the second bond issue; $321,000 will have been earned in in- terest since July. Ms. Powers pointed out that the Authority land ac- quisition costs have been exceeded, as have the relocation costs. Mr. Neal asked if the City had received any further contact from the Messrs. Nate Burt, Alan Burt, and Harry Arkin regarding their property. Ms. Powers stated that the Messrs. Burt and Arkin have contacted the City regarding the sale of their property. The agreement is that the City will purchase the property next year , with the provision that all tenants will be relocated by the present property owner. Ms. Powers stated that construction is occurring on the Broadway Store. Further brief discussion on th e financial r epo rt ensued. XI. DEMOLITION. Mr. Hinson stated that he hopes to have a contract on the demolition on South Acoma Street available at the ne xt meeting. Mr. Neal suggested that rather than going through the typical bid process on some of the projects that are coming up, that staff/Authority try to negotiate a contract with two or three contractors . Mr. Neal stated that in his opinion, this might result in a better cost factor for the Authority. Discussion ensued . Ms. Powers stated that she would discuss this sugges- tion with Mr. Diede and other staff members, and get back to the Authority. Mr. Novicky suggested the possibility of putting a project out to bid, and then negotiate with the top two or three contractors. Mr. Tatton stated that he would question the feasibility of this process; he questioned that many contractors would bid under this process. Further brief dis- cussion ensued. The meeting adjourned at 6:45 P.M. • ) I • • • • 1. CALL TO ORDER. • • • UIIBAN RENE\.JAL AUTHORITY February 20, 1985 The Special Meeting of th e Englewood Urban Renewal Authority was c a lled t o order by Chairman Voth at 5 :30 P . M. Members present: Members absent: AlRo present: Cole, Neal , Novicky, Tatton, VanDyke, Voth Powers, Ex ecutive Director Minnick, Mcintyre Wm . Richard Hins on, Assistant Director of URA Gary Diede, Director of Engineering Service s II. ACQUISITION OF 3405 SOUTH BROADWAY AND 50 WEST GIRARD AVENUE. Novicky moved: Neal seconded: The Urban Renewal Authority go into Executive Session to consider the land acquisition issue at hand. AYES : Cole, Neal, Novicky, Tatton, VanD yke , Voth NAYS: None ABSENT: Minnick, Mcintyre ABSTAIN: None The motion carried. * * * * * Tatton moved: Va nDyke seconded: The Urban Renewal Authority come out of Executive Ses s ion . AYES: Cole, Neal, Novicky, Tatton, VanD yke, Voth NAYS: None ABSENT: Minnick, Mci ntyre ABSTAIN: None The motion carried. Novicky moved: Tatton seconded: The Urban Renewal Authority aoorove Resolution #1 , Series of 1985, A RESOLUTION OF THE URBAN RENEWAL AUTHORITY TO ACQUIRE THE PROPERTIES AT 3405 SOUTH BROADWAY AND 50 WEST GIRARD AVENUE WHICH ARE NECESSARY FOR IMPLEMENTATION OF THE DOWNTOWN REDEVELOPMENT PLAN. AYES: Cole , Neal, Novicky, Tatton, VanDyke, Voth NAYS: None ABSENT: Minnick, Mcintyre ABSTAIN: None Thi' motion larr11'd • • I • • • • • - -2- Ill . DEMO Ll T IO '.\ OF Rl:.fA l NING WAL L ADJA r[NT 1<) FIN ER P !~O PERTY . Dir c t or o f En bi n e ring Servi ces Died e prese nt e d a ·r p o r t f r om Ci vil En g i n e e r Den s 1 Ra gland r e ,--ir din g t :1e demo li t i o n a r1 J removal of th e exi s t] n g retai n l n g wall along th F . ner propert y and litt l e Dry Cr e e l o n So uth Li n c < l n St r eet. Th r e por t ind icat e d th a t cons t r ucti o n on t h e n e w F in r warehouse wa s sch e duled t o b eg.in 0 .1 March 1 . Th e existin g r etaini ng wall imme diate l v s th of and a dj a c ent t o th e n •. ; warehous e n eeds to be remo ved b efore Little Dry Cr e ek improvements can b e ac c ompli h ~d i n the a r ea . Th e r moval of th e r etai ,ing wa ll pr i or t o wa r eh ouse con- struction was felt t o be the most c st -effecti •e app r oach b e c aus e a c ce c t o the wall would be mu ch better now th a n after th e warehou s • is compl e t d. Bids o n the pro ject were solicited by Engin e er Ragland f o r A 11ori t y c o'l- si d er a i on and a r ecommendation wa s ma d e t o awar d the job to ~ ring Gul ch Excavatin g or a $2 ,600.00 fee . Mr. >iede s u gge ted th a t a simple wa y t o handle t 11 is a ward if the rec omm n d a tion was f o ll m.• d is to am .-nd the Au t ho rit y 's contra c t with Concre t e Works of Colorad o to i n c lude th e ~2,6 00 .00 amount for Sp r i ng Gul c h. No vi c k y moved: VanDy ke s e conded: The Urban Renewal Authorit ' a 1·ard t 11 cont ract for the d emo l ition of the Little u ry Creek r etain i ng wall adjacent t o t h e Finer property to Spring Gul cl1 Excava ting . AYES : Co le, eal , Novicky, Totton, VanDyke, Vo t h NAYS: None ABSENT: Mi nnick , Mcintyre ABSTAIN : No ne The mo t ion carried . IV . MLL LER CONTR.\1..T A.MEND~ENT. Mr . Diede preEe nted the ,,,. e ndment to the M1..l ler Engin eerin g Company con- tract for the design of Ln g lewood P a rkway which h e had menti o ned a t the las t Authority meeting . This amen d ~ent was for $44,242 .00 , a nd was for t h e> preparation o f Bid Package 112 f or the Parkway and for t h e design o f el.·c tri c underground reconnect i o n for Ludwig '" f l owers. Mr. Diede recom- m n 'e d approval of the am ndment . Ms . VanDy ke aske d i f the se c o nd bid p acka e exc luded Acoma Stre e t r e - d e sign, a n d ·l s o if we wo ul J hav t o p ay t o h ave i t inc lude d at .a t e r d a t . Mr . Di de r · p lie d yes to bo t ' questions . b w added t 11al b : r e - b i dding the proje ~L a second time, v er $500,000 was saved on the b o x conduit a l one. M•. Totton ~ked if this f e e included enginee ring insp,c tion s r v ices or th e prepar.:i t on o f detai l ed specifi ca tions f •r t h e conduit. '1 r . Diede anqwered no to bot q uesti ,s , He mention d that t t e sp c 1t icat i ons for the conduit had b e L .. prepar ed earli r b y H c Lau~h l in s t aff. Vo n Dy k l roo v d: Ct i ky Sl' nd C'J : Th e l'r b n Re n e wa l Auth "r l t y a p prov the am 11 1\m nt t o t he• Hu ll e r Enginl' r i nr Company contra c t th e 1m un t t $44,2 4 ~.o o . • I • • , L ( • • • • -3- AYES: Cole , N al , Novicky, To tten, VanDyke, Voth NAYS: None ABSENT: Minnick, Mc intyre ABSTAIN: No ne Th e motion carrie d . Mr. Diede informed the Authorit y of an incident at the intersection of South Ch e rokee and West Girard this past we ek . Concrete Work s of Colorado (CW C) was excavating around a Public Se rvice Company main fee d line (electric) to Cinderella City in the road right-o f -way. Publi c Se rvice Company was consulted as to whethe r the line was live or dead. No on e seemed to know, so PSC staff suggested that the l i ne was probably dead and suggested that CWC proceed with the excavation . As work continued , the conduit h olding the line gave way, and the 1 7 ,000 volt line was found to be live. Mr. Diede also reported that a PSC eme rge ncy crew worked ove r-night t o re-route the feed . He mentioned that th e Authority could probab l y expect a bill from PSC for: 1) an emergency call; 2) the permanent r erouting work ; and 3) th e permit for the wo rk. He stated that these charges could run into thousands of dollars. Several members of the Authority expressed concern that the creation of the emergency was not our contractor's fault and, therefo r e , th e Authority should not be liable for payment . Mr. Diede replied that these charges would probably be included in the current dis cussion s with PS C over the allocation of utilit y relocation costs for various aspe c ts of th e Redevelop-ment Project . The me e ting adjourned at 6:10 P. M. Wm. Ri chard Hinson Assistant Director • I . ( • • • • ClTY OF !.NG LEWOOD PLANNING AND ZONIN1; COMMISSION February 20, 1985 /,r I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was c alled to order at 7:00 p.m. by Chairman Venard. Members present: Members absent: Allen, Barbre, Carson, Magnuson, McBrayer, Stoel, Beier, Venard. Peter Vargas, Ex Officio. None. Also present: Dorothy A. Romans, Assistant Director of Community Development. Susan T. King, Senior Planner Jack Olsen, City Attorney. II. APPROVAL OF MINUTES. Chairman Venard stated that the Minutes of February 5, 1985 were to be considered for approval. Carson moved: McBrayer seconded: The Minutes of February 5, 1985, be approved as written. The vote was called on the motion to approve the minutes. AYES: NAYS: ABSENT: III. Beier, McBrayer, Allen, Barber, Carson, Magnuson, Stoel, Venard . None. None. FINDINGS OF FACT. Conditional Use -3986 South Broadway CASE #3 -85 Chairman Venard stated that the Findings of Fact on Case #3-85, a Conditional Use for 3986 South Broadway, were to be considered for approval. McBrayer moved: Stoel seconded: The Planning Commission approve the Findings of Fact for Case #3-85, 3986 South Broadway. AYES: NAYS: ABSENT: Beier, McBrayer, Allen, Barbre, Carson, Magnuson, Stoel, Venard. None. None. The motion carried . IV . PUBLIC HEARING. COMPREHENSIVE ZONING ORDINANCE. CASE 84-85 Carson moved: Barbre seconded: That the Public Hearing on the Compreh nsive Zoning Ordinance be opened. AYES: NAYS: B i r, McBrayer, Allen, Barbr , Carson, Magnuson, Stoel, Venard. Non ABSENT: on • I • • - ( ( • • - -2- Mr. Venard stated that the notice of the Public Hearing for t he proposed Compreh ens ive Zoning Ordinance was published in the official City newspaper on January 30, 1985 . lie noted that no Public was in attendance . Dorothy A. Romans , 3600 South Bann ock Street, the Assistant Director of Community Deve lopment in the Planning Division was sworn in for testimony. She entered into the reco rd a copy of the proposed Co mpre hensive Zoning Ordinance, a document identified as "Propo sed Title XVI" whi ch g ives a summary of the proposed c hanges, and a do c ument titled "Pro posed Amendments t o the Comprehensive Zoning Ordinance , Title XVI of the En glewood Municipal Cod e ." She noted that the copy of the Comprehensive Zo ning Ordinanc e e nter e d into the re cord is a complete Ordinan ce, inc luding section s a lready ad opt ed: R-3, B-1, B-2 , South Broadway Incentive Are a, Design Guidelines, I-1, a nd the Planne d Development. It also in cludes sections already considered by th e Planning Comm ission, but n ot considered by the City Council : R-1-A, R-1-B, R-1-C, R-2, R-2-C, R-2-C S .P.S., R-4, and 1-2. Mr . Al len asked if the document wa s ready to go to City Council . Mrs. Romans said t h at upon approva l by the Planning Commission, it will b e re fe rred t o the Council, and Coun cil will have to hold a Public Hearin g on the Or dinance . Mr. Beier asked where rooming and boarding houses are permitted . Mrs. Romans said they would be permitted in tw o-family areas. He asked about the difficulty of enfor c ing the laws against junk. Mrs. Romans said that this h as been a problem, and the Code Enforcement Officer h ad urged the i n clusion of a new section whic h h as been proposed as Section 16 .4-1, Restrictions, which will, it is h oped, be a n aid to enforcement . Mr. BPier asked if the people in Cinderella City were a war e of the new requirements for the p r ovision of areas in whic h to store snow rem oved from parking lots, rather than in the r equired parking spaces. Mrs. Romans said that this provision would apply t o new development. Mr. Beier n oted the exis t ence of an auto repair a t 3291 Sou th Ch e rokee whic h moves over onto the parking lot . Mrs. Romans said she would refer this com- plaint to the Code Enfor cement Officer. Mr. Venard asked if the Officers respond only to complaints or if t h ey do inspections themselves. Mrs. Romans said the Inspectors cover their territory every two weeks, and also resp ond to complaints. Mr. Venard s u ggested that, in view of the problems connected with the parking for the Conditional Use which was considered at the previous meeting, a c lause permitting some flexibility to the Commission be added to the Ordinance. Mrs. Romans stated that this had been done in Section 16 .5-21 e (4). The Commissioners acknowledged the many hours of work which Mrs . Romans and Mr. DeWitt had given t o the development of the Ordinance. Mrs. Romans acknowledged the contributions of the entire staff. v. PUBLIC FORUM. None. VI. DIRECTOR'S CHOICE. Mr. Vargas noted that Mrs. Romans would receive h r pin for 30 years of service to the City on the 21st of February. He stated that City Council approved the Campden Place P.U.D. I • • ( • • • • -3- VII. COMMISSI ON'S CHOICE. Mr. Carson as ked a bo ut the DRCOG annual dinner meeting. Mrs. Romans s a id the staff would let the members know when it would be held and make reserva - tions for those wh o wish to attend. Mr. Beier stated that he was impressed with the Comprehensive Zoning Ordinance. Mr. McRrayer and Mr. Magnus o n will attend the 1985 APA co nvention. VIII. ADJOURNMENT. The meeting adjourned at 7 :30 p.m. Secretary • I • • ( • ORDINAOCE NO. SERIES OF 1985 • • • BY AUTHORITY COl.ftl::IL BILL NO. 15 INTRODUCED BY COl.ftl::IL M™BER BRADSHAW AN OROINAOCE GRANTING TO CITY AND COUNTY OF DENVER, ACTING BY AND THROUGi ITS BOARD OF WATER CCM1ISSIONERS, A MUNICIPAL CORPORATION OF THE STATE OF COLORADO, A PERMIT TO CONSTRUCT AND MAINTAIN A WATER CONDUIT THROUGH THE CI'l'Y OF ENGL~OOD, COLORADO, A MUNICIPAL CORPORATION. 9 WHEREAS, the City and County of Denver, a municipal cor£Xlrationion of the State of Colorado, acting by, through and for the use of its Board of Water Carrnissioners, desires a permit to construct and maintain a water conduit through the City of Englewood; NarJ, THEREFORE, BE IT ORDAINED BY THE CITY COl.ftl::IL OF THE CITY OF ENGL~OOD, COLORADO, AS FOLLCWS: Section 1. City Council of the City of Englewood hereby approves Permit .Agreement between the City of Englewood, Colorado, and the City and County of Denver, a municipal cor£Xlration of the State of Colorado, granting the City and County of Denver a permit to construct, operate, and maintain a water conduit across certain roads, streets, and property in the City of Englewood. Said Permit Agreenent, consisting of four (4) typewritten pages, is attached hereto and incor£Xlrated herein by reference. Section 2. 'n'le City Council of the City of Englewood authorizes the Mayor a nd ex officio City Clerk-Treasurer to sign and attest said agreement on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 4th day of March, 1985. Publ i shed as a Bill for an Ordinance on the 6th day of March, 1985. Read by title and passed on final reading on the 18th day of March, 1985. • c f I • • ( • • • • - Published by title as Ordinance No. the 20th day of March, 1985. Attest: ex o f ficio c ity Clerk-Treasurer ;r , Series of 1985, on Eugene L. Otis , Mayor I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Qlglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No. ;g , Series of 1985. --- Gary R. Higbee • l I • • ( ( • • - PERMIT AGREEMENT THIS AGREEMENT, entered into as of the day of 1985, between the CITY OF EN;Lflol(X)[), COLORAOO:-amunicipal ____ _ corporation (hereinafter "City" or "Englewood"), aoo the CITY AND COUNTY OF DENVER, a municipal corporation of the State of Colorado (hereinafter "District") , for the use of its Board of Water Ccmnissioners (hereinafter the "Board") , WITNESS ETH WHEREAS , the City and County of Denver, acting by and through its Board of Water Coomissioners, desires to construct, operate, and maintain a thirty-inch (30 ") water main, known as Cooouit Number 135 , under and across certain roads, streets, aoo property in the City of Englewood, Colorado, described as follows, to wit: Beginning at a point 29.80 feet West aoo 27 .17 feet North of the Southwest corner of Section 8, Township 5 South, Range 68 West of the 6th Prime l'Eridian, Arapahoe County, Colorado; thence North 900 00' 00" East, 27 .17 feet North of and parallel with , the South line of the Southwest quarter of said Section 8, a distance of 134.80 feet to a point; thence South 450 00' 00" East a distance of 24.28 feet to a point; thence North 900 00' 00" East, 10.00 feet North of aoo parallel with, the South line of the Southwest quarter of said Section 8, a distance of 1577.83 feet to a point; thence South 450 00' 00" East, a distance of 14.14 feet, more or less, to the point of terminus on the South line of the Southwest quarter of said Section 8. AND WHEREAS, the City agrees to grant said right, permit aoo license uooer certain terms aoo conditions; NOW, THEREFORE, the parties hereto covenant and agree as follows: A. All rights hereunder shall be exercised in such manner as to cause the least possible inconvenience to those entitled to make use of the streets or avenues involved , and the least poss ible obstruction to travel in and along said streets or avenues. To this end, the Board shall, wherever possible, always leave open at least one-half of roads, streets or avenues adjacent to or crossing the excavations and construction work of the Board and shall take all possible precautions to prevent accidents and lnJuries in connection wi t h any of its work along the avenues and streets • I • • • • • - hereinabove mentioned. In no event, durin9 the process of construction and laying of said conduit, or the maintenance thereof, shall any public or private street, alley or right-of-way be obstructed to travel for a continuous period of more than four ( 4) days. l>Jr ing the construction and maintenance of said conduit, there shall at no time be stored or left on the surface of the streets, alleys or other rights-of-way of the City of Englewood any pipe, materials or equipnent used in construction and maintenance of said conduit for a period of more than two (2) weeks at any one location before putting to use. B. Should it becane necessary for the Board, during the excavation for or the installation or maintenance of the said conduit, to disconnect any house service lines fran any lines presently in place in said streets or avenues, the Board shall cause the same to be done in such a manner as to cause the least possible delay and inconvenience to the water users thereof, and the interruptions in water service to any property shall, in no case, exceed a period of six (6) hours. All disconnection and reconnection of any such water service lines shall be done in a good and workmanlike manner and all expenses incurred therein shall be the sole responsibility of the Board. C. All excavation and construction, installation and maintenance work which the Board shall undertake pursuant to this permit shall be subject to the inspection by a canpetent and qualified inspector who shall represent the City, and the Board agrees to canply with all reasonable requests thereof in the performance of said work. All such work shall be performed so as not to interfere with or dC1nage any utility lines owned by the City or private utilities existing within such street. After each excavation, the street shall be refilled; the upper nine (9) inches of fill shall consist of asphaltic concrete surfacing, surfacing to apply where existing surfacing is disturbed . All of the aforesaid work shall be free fran settlanent arising out of any excavation and performed within the limits of the trench excavation. There shall be properly designed concrete encasements required at each pipeline crossing of sanitary sewer lines and water lines so as to eliminate foreign pressure and stresses upon the Englewood sewer and water installations. 'ltie foregoing shall be subject to the approval of a representative of the Director of Public W::>rks of the City of Englewood, Colorado. Any consequential dC1nage to side streets, the surface or installations thereon, approaching the 2 • 1 J I • r· I I I I ( • ( • • • various intersections with the right-of-way hereinabove granted because of p i pe and material storage and heavy equipnent movanent or frcm other causes, shall be repaired or replaced in their original condition at the sole expense of the Board. D. 'nle City and County of Denver and its Board of Water Catrnissioners, successors and assigns, shall at all times save and keep harmless the City of Englewood and its City Council and other officers and anployees frcm any and all damages that may in any manner arise frcm the granting of this permit and the exercise of any rights granted hereunder; provided, however, that the Board, its successors and assigns, shall not be so held liable unless given full opportunity to defend any such claims. E. Nothing herein shall be construed as granting to the Board any rights other than the permit herein expressly defined and set forth, nor shall anything in this agreanent be construed as granting an exclusive privilege to the Board, it being understood that the right of Englewood to grant the use of its roads, streets, avenues, alleys and other public rights-of-way to others for public and private purposes is fully reserved to Englewood, consistent, however, with the full exercise of the rights granted by this permit. F. If the facilities installed hereunder are ever abandoned, the Board agrees to neutralize or remove the facilities at Board's own expense. G. It is expressly understood and agreed that the granting and acceptance of this permit is and shall be without prejudice to any rights or obligations of the City and County of Denver, its Board of Water Catmissioners, the City of Englewood, Colorado, or any inhabitants thereof. H. The conditions contained herein shall apply to the agents, contractors, sub-contractors, heirs, successors, assigns of any other entity having been granted "dcmin ion" over the facilities by the Board. 'nle Board agrees that violation of this permit by any of the above mentioned shall give the City the r ight to void this permit and neutralize or remove any facilities permitted herein at the sole expense of the Board or its heirs, successors and/or assigns. 3 • I . • • • - IN WITNFSS WHERFX>F, the parties have signed this agreenent as of the day and year first above written. ATTEST: Gary R. Higbee, ex officio City Clerk-Treasurer APPROVED: Director of Eng1neer1ng APPROVED AS TO FORM: Legal Division 4 CITY OF EXiLEWOOD, COLORAOO CITY AND CXXJNTY OF DENVER, Acting by and 'nlrough Its Board of Water camtissioners • t I J 1 I • • ( ORDINAOCE NO. /q SERIES OF 198_5 _ • • - BY AUTHORITY COUNCIL BILL NO. 16 INTRODUCED BY COUNCIL MEMB ER Hi gda}' 9 AN ORDINAOCE AMENDING TITLE XI, OiAPTER 9, SECTION 7 , OF THE ENGLE.WOOD MUNICIPAL CODE '69, AS AMENDED, PROHIBITING DEFACI NG, DESTROYING, OR REMOVING PROPERTY FRCM THE ENGLEWOOD CITY LIBRARY. WHEREAS, the City Council of the City of Englewood recognizes that a well-equ ipped and well-stocked city-owned public library substantially enhances the education and enjoyment of Englewood residents, prcrnotes their interests in the Arts and significantly contributes to the welfare of this City's residents; and WHEREAS, the losses in the Englewood Public Library of books, periodicals and other materials have been about $15 ,000 a year for the past several years, which is unacceptable and causes irreparable injury and d~age to the library program requiring corrective action; N<M, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO: Section 1. '111at Section 11-9-7 of Title XI , '69 Englewood l't.lnic1pal Code, as amended, is hereby repealed and a new Section 7 adopted to read as follows: it sRall 9e t1RlalffMl ieE aRy ~ESSR ts wilfMlly EetaiR aRy Beeff7 Rewspi3~E7 ~ai!iRe7 ~let., lllaRMseEi~ SE etReE PE~E-Ey Bel~ifflj iR SE ts aRy ~He li9EaEy7 EeaEiiRlj ESQll SE e-EReE eSMeatiSRal iRstitMtiSR ieE tAiEty f3Gr eays afteE Retiee 4R W!:it4Rlj -Ee EE!tMEA €Re Ballle., ,+YeR afteE tRe ettpi-EatieR sf tRe tiffle tRat., By tRe EMles sf SMeR iRstitMtieR., SME!R aEtiele SE etReE PES~Ety 111ay Be ke~ .. 11-9-7: SAFIDJARDING ENGLEWOOD LIBRARY PROPERTY (a) IT SHALL BE UNLAWFUL FOR ANY PERSON TO WRITE IN, INJURE DEFACE, TEAR OR DESTROY ANY BOOK, PLATE, PICTURE, ENGRAVING , MAP, NEJNSPAPER, MAGAZINE, PAMPHLET, PERIODICAL, MANUSCRIPT, FIU1 OR AUDIO AND VIDEO ROCORDINQJ, OR CCMPUTER SOF'IWARE BELONGING TO THE ENGLE.WOOD PUBLIC LIBRARY . • I • • • - (b) IT SHALL BE UNLAWFUL FOR ANY PERSON TO DAMAGE OR DEFACE THE GROUNDS, BUILDING, FURNITURE, FIXTURES, E>;;!UIPMENT OR arHER PROPERTY OF THE ENGLEWOOD PUBLIC LIBRARY . (c) IT SHALL BE UNLAWFUL FOR ANY PERSON TO WILFULLY RETAIN ANY CHARGED-Ot.rr LIBRARY READING MATERIAL OR arttER PROPERTY BELONGING TO THE ENGLEWOOD PUBLIC LIBRARY FOR THIRTY (30) DAYS AFTER NOTICE IN WRITING TO RETURN SAME IS SENT TO THE BORRGIBR'S ADDRESS ROCORDED IN LIBRARY R&:ORDS , GIVEN AFTER THE EXPIRATION OF THE TIME THAT, BY THE RULES OF SOCH INSTITUTION, SOCH ARTICLE OR arHER PROPERTY MAY BE KEPT . (d) IT SHALL BE UNLAWFUL FOR ANY PERSON TO REMOVE OR TO ASSIST IN THE REMOVAL FR<l1 THE PUBLIC LIBRARY OR BOOKMOOILE ANY READING MATERIAL BELONGING TO THE PUBLIC LIBRARY WITHOUT FIRST HAVING THE SAME CHARGED OR CHOCKED OUT BY THE PROPER AGENT OR EMPLOYEE OF THE PUBLIC LIBRARY IN ACCORDAOCE WITH THE GUIDELINES, POLICIES AND PROCEDURES OF THE ENGLEWOOD PUBLIC LIBRARY. Section 2. A new Section 7 .1 is hereby added to Title XI, Chapter 9, to read as follows: 11-9-7.1: AUTHORITY TO SI'OP AND INQUIRE (a) IF ANY PERSON CON;::EALS UPON HIS PERSON OR arHERWISE CARRIES 'AWAY ANY ENGLEWOOD PUBLIC LIBRARY READING MATERIAL OR arttER LIBRARY PROPERTY THAT WAS NOT PROPERLY CHARGED oor BY THE PROPER AGENT OR EMPLOYEE OF THE ENGL&JOOD PUBLIC LIBRARY OR WAS CYI'HERWISE TAKEN WITHOUT PERMISSION, THE ENGLEWOOD PUBLIC LIBRARY DIRECTOR OR ANY ENGL&JOOD PUBLIC LIBRARY EMPLOYEE/AGENT, OR ANY PEACE OFFICER, ACTING IN Q)()() FAITH AND UPON PROOABLE CAUSE BASED UPON REASONABLE GROUNDS THEREFOR, MAY DETAIN AW QUESTION SOCH PERSON, WHICH INCLUDES ASKING HIM TO EMPTY PCX;KETS, HANDBAG.5, KNAP- SACKS, BRIEFCASES, ETC ., IN A REASONABLE MANNER FOR THE PURPOSE OF ASCERTAINING WHETHER SOCH PERSON IS GUILTY OF UNLAWFULLY REMOVING OR ASSISTING IN REMOVING LIBRARY READING MATERIAL OR arttER PROPERTY BELONGING TO THE LIBRARY. SOCH QUESTIONING OF A PERSON BY THE ENGLEWOOD PUBLIC LIBRARY DIRECTOR, ENGLEWOOD PUBLIC LIBRARY EMPLOYEE/AGENT, OR ANY PEACE OFFICER, OOES NOT RENDER THE SAID DIRECTOR , SAID LIBRARY EMPLOYEE/AGENT, OR SAID PEACE OFFICER CIVILLY OR CRIMINAU.Y LIABLE FOR SLAN:>ER, FALSE ARREST, FALSE IMPRISOt-11ENT , MALICIOUS PROSEX::lJI'ION, OR UNLAWFUL DETENTION. (b) WITHIN THIRTY (30) DAYS AFTER THE PASSAGE OF THIS ORDINANCE AND BEFORE ANY ACTION IS TAKEN THEREUNDER, THERE WIU. BE SIGNS PERMANENTLY POSTED WITHIN THE ENGLEWOOD PUBLIC LIBRARY AND ON THE FRONT DOOR THEREOF INFORMING THE PUBLIC THAT MERE ENTRY INTO THE ENGLEWOOD PUBLIC LIBRARY GRANTS CONSENT TO THE ENGLEWOOD PUBLIC LIBRARY DIRECTOR , LIBRARY EMPLOYEES/AGE NTS AID PEACE OFFICERS TO ' I • • • • - DETAIN AND QUESTION SOCH PERSON, IN A REASONABLE MANNER FOR THE PURPOSE OF ASCERTAINING WHETHER SOCH PERSON IS QJILTY OF UNLAWFULLY RDIOITING OR ASS I STING IN R™OITING LIBRARY RFADING MATERIAL OR OTHER LIBRARY PROPERTY WHEN THE ENGLfl<roQD PUBLIC LIBRARY DIRECTOR, LIBRARY EMPLOYEES/AGENTs, OR PEACE OFFICER l\CT IN Q)()[) FAITH AND UPON PR<EABLE CAUSE. 'llfIS ENTRY ALSO CONSTITUTES CONSENT FOR THE PERSON EMPl'YING CLOTHING l'CX:KETS, HAimArn, KNAPSACKS, BRIEF CASES, E'n::. WHEN ASKED TO DO SO. (C) DEFINITIONS: a) THE TERM "LIBRARY READING MATERIAL" SiALL INCLUDE, BUT NOT BE LIMITED TO, ANY BOOK, MAGAZINE, PERIODICAL, MICROFIU'I OR REPR<)[)(OION, PLATE, PICTURE, ENGRAVING, MAP, NEWS- PAPER, PAMPHLET,MANUSCRIPl',FIU'I, PHON<X;RApff REX:ORD, OR AUDIO AND VIDEO IUX:ORDINGS, C<:.f'lPUTER SOF'IWARE, OR OTHER ITEMS BELONGING TO THE PUBLIC LIBRARY. b) "OiARGE-011'" MF.ANS ANY LIBRARY ITEl\1 CHECKED OCJr BY A LIBRARY El'1PLOYEE ~ REX:ORDED AGAINST AN INDIVIDUAL'S LIBRARY CARD AND LIBRARY REX:OROO. Introduced, read in full, and passed on first reading on the 4th day of March, 1985. 1985. Published as a Bill for an Ordinance on the 6th day of March, Read by title and passed on final read ing on the 18th day of March, 1985. Published by title as Ordinance No. /q , Series of 1985, on the 20th d~y of March, 1985. Attest: fugene L. Otis, Mayor ex officio City Clerk-Treasurer I , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of the Ordinance passed on final reading and published by title as Ordinance No.-1!]_, Series of 1985 . Gary R. H19bee 3 • I • • • ORDINANCE NO . SERIES OF 198~~ • • - BY AUTHORITY A BILL FOR COUNCIL BILL NO. 20 INTRODUCEy BY COUNCIL MEM BER f'.)7-o zi____ AN ORDINANCE REPEALING ORDINANCE NO. 26, SERIES OF 1963, AND REPEALING CHAPTER 22 OF ENGLEWOOD MUNICIPAL CODE 1962 AND AMENDING THE ENGLEWOOD MUNICIPAL CODE 1969, AS AMENDED, BY AD DING NEW SECTIONS TO TITLE XVI, KNOWN AS THE COMPREHENSIVE ZONING ORDINANCE, WHICH NEW SECTIONS INCLUDE INTRODUCTION; ADMINISTRATION OF THE ORDINANCE; PROCEDURE FOR INITIAL ZONING OF PROPERTY AND REZONING; RESTRICTIONS; R-1-A, R-1-B, R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT; R-2 AND R-2-C, MEDIUM DENSITY RESIDENCE DISTRICT; R-2-C/S.P.S., SPECIAL PERMIT SYSTEM / MEDIUM DENSITY RESIDENCE DISTRICT; R-4 RESIDENTIAL /PROFESSI ONAL DISTRICT; I-2, GENERAL INDUSTRIAL DISTRICT; SIGN CODE; GENERAL REGULATIONS; NONCONFORMING USES; DEFINITIONS; AMENDING SECTION 16.4-8, AND RENUMBERING THE REMAINING SECTIONS OF THE COMPREHENSIVE ZONING ORDINANCE TO BRING THEM UNDER COVER OF TITLE XVI, AS AMENDED. WHEREAS, the Comprehensive Zoning Ordinance was adopted by Ordinance No. 26, Series of 1963; and WHEREAS, many changes have taken place in the City of Englewood since the zoning regulations were last re viewed in a comprehensive manner; and WHEREAS, the existing Comp rehensive Zoning Ordinance carries the designation of Chapter 22 of the 1962 Englewood Mun ic ipal Code, which designation was not repe aled by the enactment of the 1969 Revised Englewood Municipal Code; and WHEREAS, public hearing was held by the City Planning and Zoning Commission on February 20, 1985 to consider certain changes in the Comprehensive Zoning Ordinance, Section 22; and WHEREAS, no persons were present who wished to address the City Planning and Zoning Commission either in favor or or in opposition to the proposed amendments to Sections 22.1, 22.2, 22.3, 22.5, 22.6, 22.7, 22.8, and 22.9 of the Comprehensive Zoning Ordinance; and WHEREAS, the City Planning and Zoning Commission previously held public hearings on several sections of Section 22.4, Zone Districts, and referred those amended sections to Englewood City Council to be designated as Section 16.4, including sub- sections 16.4-1 through 16.4-10; and 1 • I • • • • • - WllEKL:AS , En gle wood City Council h as enact e d th e follo win g s ubsectio ns of Section 16.4: 16.4-8: R-3, High Density Res id e nce; Sec tion 16.4-10: B-1, Business; Section 16.4-11: Design Guidelines for the Rehabilit a tion of Existing Buildings in the South Broadway Inc e ntive Are a ; Section 16.4-12: B-2, Business; S ectio n 16.4-13: I-1, Light Industrial; Section 16.4-15: Planned Development; Section 16.4-17: Fences and Retaining Walls; Section 16.4-18: Landsc a pe Ordinance; and WHEREAS, the City Planning and Zoning Commission has referred to City Council the remaining sections of the Comprehensive Zoning Ordinance, which sections were the subject of the Febru ary 20, 1985 public hearing; NOW, THEREFORE , BE IT ORDAINED BY CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. That Ord i nance No. 26, Series of 1963 , is hereby repealed . Section 2. That Cha ?ter 22 of the 1962 Englewood Municipal Code is hereby r epealed . Section 3 . That En gl ewood Municipal Cod e of '69, as amended, is hereby amended by adding the following subs ec tions to Title XVI known as the Comprehensive Zoning Ordinance: 16 .1-1 16 .2 16.3 16.4-1 16 .4-2 16.4-3 16.4-4 16.4-5 16 .4-6 16.4-7 16 .4-9 16 . 4-14 16 .4 -19 16 .5 16 .6 16 .8 Introduction Ad mi n istrati on of the Ordinance Procedure for In it ial Zoning of Property and Rezoning Restrictions R-1-A, Single-Family Residence District R-1-B , Single-Family Residence District R-1-C, Single-Fami ly Residence District R-2, Med ium Density Residence Dist rict R-2-C, Medium Density Residence District R-2-C/S.P.S., Spec ial Permit System/Medium Density Residence District R-4, Residential/Professional District I-2, General Indust rial District Sign Code General Regulation s Nonconforming Uses Definitions A complete copy of the foregoing addition to Title XVI is incorpora ed herein by reference as if fu ll y set forth, and copies are available for inspection during regular working hours in the Office of th Englewood City Clerk and in the Department of 2 I • • - • , • • - Communi y Dev e lopm ent , C1 y Hall , 3 4 00 S . Elati Str c>t , Engl e wo ou , Colorado . S ection 4. That Section 16 .4 -8: Hig h Density Resid nee Distri ct be changed to re ad as follows : Section 1 6 .4-8 R-3, High Density Residence District . d. Flo or Ar ea . (1) Minimum residential floor ar ea . (ii) Two bedroom unit ••••.•••.••. ~§GG 750 squ are feet. Sect i on 5. That former Section 22.9 be renumbered Sec t io n 16.7 with the following subsections: 16 .7 -1, 16.7-2 , 16 .7-3 , 1 6 .7-4, 16.7-5, 16 .7-6 . Sect io n 6 . The following legal p rovisions s hall apply to this ordinance : A. Sepa rability Clause. If any article, section, subsection, sentence, clause or phrase of t his Ordinance is for any reason held to be unconstitutional, such decision sha ll not aff e ct the validity of the remaining portion of t his Or d inance. Th e Council of the City of Englewood hereby declares that it would have phrased this Ordinanc e and each article, s ectio n, subsect i on , clause or phrase hereof , i rrespecti ve of the fact t hat any on e or more articles , sections , sentences, clauses and phrases be declared unconsti tut io na l . B . Scope . This Ordinance r ela tes to zoning , and it do es not al , ab r ogate , annul , or in any way impair or interfere with .sting provisions of other laws or or dinances , exc ept t hose aled herein . Where this Ord ina n ce imposes a gre a ter ·r1c ion upon land , buildings, or structur es than imposed or r quir d by such existing provisions of law or ordinance, the r ov1sio ns of this Ord ina n ce sh all control. C . Violation and Penalty. Any person, firm, or corpo r ation tha violates , disobeys , omits , neglects or refuses to comply with or resists the enforcement of any of the provisions of this Ordinance shall be fined not less than ten dollars ($10) nor more than three hundred dollars ($300) for each offense . Each day that a violation exists shall constitute a separate offense . Any buildings e rected, r azed , or converted, or land or pr emises used in violation of any provisions of this Ordinance , or any amendment hereto, is hereby declared to be a common nuisance and such common nuisance may be abated in such manner as nuisances are now o r may hereafter be abated . 3 I • • , • • • • D. Nec e ~siti · The City Council hereby finds, det e rmin es , and declares that this Ord inance is n ecessary for the immediate preservation of the public pe ace , health, s c fety and convenience. Section 7. Hearing. In accordance with Section 40 of the City Charte~he City Council shall hold a public he aring on this Ordinance, b e fore final passage, at 7:30 p.m. on Mond ay , April 22, 1985 , in City Council chambers, 3400 s. Elat i , Englewo od , Colorado 80110. Introduced, read in full, and passed on first reading on the 18th day of March, 1985. Published as a Bill for an Ordinance on the 20th day of March, 1985. Attest: Eugene L. Otis, Mayor ex officio City Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the Ci ty o f Englewood, Colorado, hereby certify that the above and forego i ng is a true, accurate and complete copy of a Bill for an Ordinance, introduced, read in ful l , and passed on first reading on the 18th d ay of Marc h , 1985. Gary R. Higbee 4 • I . 1- • • - C 0 U N C I L C 0 M M U N I C A T I 0 N DATE March 13, 1985 AGENDA ITEM // tL Proposed Amendments to the Corn - SUBJECT prehensive Zoning Or din ance : §22.1 , §22 .2, §22 .3, §22 .5 , §22.6, §22 .7 , · s of §22 .4 which have not yet been adopted. City Planning & Zoning Commissio n INITIATED BY ACTIO N PROPOSED Receive the Findings of Facts and Conclusions and the recornrnenda - tion of the City Planning & Zo ning Commission r e lative to certain amendments to the Corn - prehensive Zoning Ordinance, and consider the Bill for Ordinance on t e Revised Ordinance April 22 , 1985. INTRODUCTION AND BACKGROUND: The members of the City Planning and Zoning Commission have now compl eted the considera- ,. tion of the r evised Comprehensive Zoning Ordinance in its entirety at Public Hearing and have ref e rred the revisions to the City Council with the recommendation that the revision b approv d. The Public Hearings were held by the Planning Commission as follows: Da t e of Hearing November 15 , 1983 January 17, 1984 February 7 , 1984 March 2 , 1984 Case Number 1119 -83 1120 -3 1121-83 1/22 -3 1123-83 112-84 113-84 114 -84 115-84 116-84 #9-84 1110-84 1111 -84 1112-84 #9 -84 B Zone District R-1-A, Single-family R sid nee R-1-B, Single-family Resid nc R-1-C, Single-family Residence R-2, Medium-density Residence R-2-C , Mediurn-de nsitv Resid nc R-2-C/SPS Meditrn-Density Special Permit System Residence R-3, High-density Residence R-4, Residential/Professional B-1, Business B-2, Business l-1, Light Industrial (continued to F bruary 22, 1984) I-2, General Industrial Sign Code Amendments South Bro ad way Design Guidelines , I-1 , Light Industrial April 3 , 1984 • 1116-84 f/17 -84 Planned Development South Broadway Design Guidelines Amendm nts • I • • Date of Hearing April 3 , 1984 (continu d) April 17, 1984 July 3 , 1984 Feb r uary 20 , 1985 -2- Case Numb£•r 1118 -84 1118-84 112 4-84 114 -85 • • • Zone District Fences and Retaining Walls (continued t o 4/17/84) Fences and Retaining Wa lls B-1, Business Amendment (to increase maximum height) Procedural Sections. §16 .1 Introduction (Now §22.1 Ge ne ral Provisions) §1 6 .2 Admlnistration of th e Ordin a n ces (Now §22.2) §16 .3 Procedure for Initial Zoning of Property and Rezoning (Now §22 .3 Am e ndments ) §16 .4-1 Rest r ictions (a new section) §16.5 Gene ral Regulations (Now §22 .5 Supplementary Regulations) §16 .6 Nonco n formi n g Uses (Now §22.6, Nonconforming Uses) §16 . 7 Leg,11 Status Provisions (Now §22 .9) §16.8 D finitions (Now §22 .8) ~ You can see that this has been a very long , intensive process . , • The City Cou n ci l in turn has held Public Hearings and adopted th e following sec ions of the 1985 Comprehensive Zo n ing Ordinance: R-3 , High-density Residence District B-1, Business District , as am nded B-2, Business Distric SBDG , Design Guidelines for the R habilitation of Existing Buildings in the South Broadwav In- centive Ar a, as amended . 1-1, Light Industrial Dist rict P-D, Planned Development Fences and Retaining Walls. The City Council has not referred the following sections of the Ordinance, which it has previously received, to Public Hearing: R-1-A, Single-family R sidence R-1-B, Single-family Residence R-1-C, Single-family Residence R-2, M dium-density Residence R-2-C , Medium-density R side nce R-2-C/SPS, Medium-Density Residence Special Permit System R-4, Residential/P r ofessional Sign Code All of the "procedural" sections are b ing referred to Council herewith, and will need to be scheduled for Hearings , together with the section identified abov I • , • • • • -3- ·~~--~~~~~~--~~~~~~~~~- No changes are being made at this time to the Flood Plain Ordinance, Lands caping Ordi - n a n ce , o ~ Condominium Conversion Ordinance , but they do need t o be brought under th e cov e r of Title XVI of the Englewood Municipal Cod e . The last time the Co mpr ehensive Zoning Ordinance was reviewed by the Planning Commis- sion and City Council in its entirety was in 1963 --more than 20 years ago. Man y changes hav e occurred in the City of Englewood in those 20+ years , such as the re- direction of the City's goal in the early l960's to become something other than a "bed - room" community in which the major burden of paying for City services was on the home- owner , to one of prese rv i n g and protecting the single-family residential neighborhoo ds and upgrading existing comm e r cial areas. There have also been many chan ges in building techniques and living prefe ren ces which make it n ecessary to review the Co mpreh ensive Zoning Ordin ance in order to be s ure th a t it implements the Comprehensive Plan and represents th e current policies of the City. I One document is attached which identifies the major r e visi ons which are propose d in the 1985 Co mprehensive Zoning Ordin a n ce. For th e co nv enie nce of the City Co uncil members, the compl e te ordinance , a s proposed to be revised, is being submitted, including those sections identified .above as alr eady having been appr oved by Council in order that it can be reviewed in a thorough and c omprehe n sive manner. You will note that the section which have been adopted by Council are on colored paper. RECOMMENDATION: After having reviewed the proposed procedural sections of the revised Comp r ehensive Zoning Ordi n ance and after having con si dered those sections , together with the zo ne district section s which a r e not yet a dopt ed , at Public Hearing , it is recommended that the City Cou n cil adopt the 1985 Comprehensive Zoning Ordinance as Ti tle XVI of the Englewood Municipal Code . It is fu rther recommended that a Public Hearing be set on April 22 , 1985, to con sider all of those sections of the Comprehensive Zoning Or d inance whi ch have not yet been e nacted . The Planning Division staff would welcome an opportunity to review the proposed re- visions with the City Co un cil prior to the Public Hearing should the Council desire t o do so. SUGGESTED ACTION: YES _______ ,,o ______ __,..BSENT __ ----------~ i I I • • ' • • • • CITY PLANNl 'G ANll ZONl NG COM:-IISSION ENGLEWOOD, COLORADO IN THE MATTER OF CASE NO. 4-85, ) FlNDINGS OF FACT, CONCLUSlONS ) AND RECOMMENDATION RELATING TO ) PROPOSED CHANGES IN THE COM-) PREHENSlVE ZONING ORDINANCE , ) WHICH CHANGES INCLUDE BRINGING ) THE COMPREHENSIVE ZONING ) ORDINA CE UNDER THE COVER OF ) THE ENGLEWOOD MUNICIPAL CODE ) AND REVISING THE DEFINITIONS ) AND PROCEDURAL SECTIONS OF ) THE COMPREHENSIVE ZONING ) ORDINANCE , ORDINANCE NO. 26, ) SERIES OF 1963, CITY OF ) ENGLEWOOD, COLORADO. ) A Public Hearing was held on February 20, 1985, in connection with Case No. 4-85 in the City Council Chambers in the Englewood City Hall. The following members of the City Planning and Zoning Commission were present: Allen, Barbr e , Beier, Carson , McBrayer, Magnuson, Stoel and Venard. Chai rman Venard presided. FINDINGS OF FACT Upon th review of the evidence taken in the form of testimony, staff reports and the text of the Comprehensive Zoning Ordinance which was being considered at Public Hearing, the City Planning and Zoning Commission makes the following Findings of Fact . 1. That proper notice of the Public Hearing was given in the Englewood Sentinel on January 30, 1985. 2. That the Comprehensive Zoning Ordinance was adopted by Ordi- nance No. 26, Series of 1963, and that many changes have taken place in the City of Englewood over the more than two decades since the zoning regulations were last reviewed in a comprehensive manner. 3. That amendments have usually been made to Ordinance No. 26, Series of 1963, to address specific problems or situations and the am ndments proposed at this time are designed to implement the City- wide Goals and Courses of Action, which are set forth in the Comprehen- siv Plan. 4. That the existing Comprehensive Zoning Ordinance carries the designation of Chapter 22 of the 1962 Englewood Municipal Code , which dcsi.~nation was not repealed by the enactment of the 1969 Revised Engle- wood Municipal Code, and it would be advantageous to incorporate this Ordinance into the current 1unicip:il Code as Title 16 • • I • • • , \ • • • - -2- 5. That the• City Pl nnni ng ;rnd Zoning Commission hns be-en c r eated under th e authority o f Article Ill, ParL IT of the City of Englewood Hom e Rule Charter, which Section sets forth the dutie s of the Commissi on including the duty to "prepare and r ecommend to the Council a comprehen- si ve zoning ordinance o r proposed amendments or revisions thereto, with such provisions as the Commission shall deem necessary or desirable for the promo ti on of th e health, safety , morals and general welfare of th e inhabitants of the City.'' 6. That th e revisions proposed to the Comprehensive Zoning Or di- nance fulfill that charge . 7. That the changes which were considered at Public Hearing on Case No . 4-85 we re generally as follows: a . S ction 22.1, General Provisions, would be repealed and a new Section 16.1, Introduction, would be enacted. b . Section 22.2, Administration of the Ordinance, would be repealed and a new Section 16.2 , Administration of the Ordinance, would be e na cted . c. Section 22.3, Amendments, would be repealed and a new Section 16.3, Procedure for Initial Zoning of Property and Rezoning , would be enacted . d. Section 22.5, Supplementary Regu l ations, would be rep ealed and a new Section 16.5, Ge neral Regulations, would be en- acted . e . S ction 22.6, Non -conforming Uses , would be repealed and a new Section 16 .6, Nonconforming Uses , would be nacted. f . Section 22.7, Sign Code , would be amended a nd would be designated as Section 16.4-19, Sign Code. g . Section 22.9, Legal Status Provisions, would be designated as Section 16.7, Legal Status Provisions . h. Section 22.8, Definitions, would b e repealed and a new Section 16.8, Definitions , would be enacted. 6 . That the City Planning and Zoning Commission has previously held Public Hearings on the several sections of Section 22.4, Zone Dis- tric ts, and has referred those alllC'nded sections of Section 22 .4 to the Englewood City Council to be designated as Section 16.4, which Section 16.4 includes the following sub-sections: Section 16.4-1: Restrictions; Section 16.4-2: R-1-A, Single-family Residence; Section 16.4-3: R-1-B, Single-family Residence; Section 16.4-4: R-1-C, Single-family Re si dence; • I • • • Se l'tion 16 . 4-5: Section 16.4-6: Section 16 .4-7: Sect ion 16 .4-8: Section 16.4-9: • • • -1- R-~, MC'dium-densi ty Re sidence; K-2-C, Medium-density Residence ; R-2-C/SPS, Medium-density Reside nce /Special Penni t System; K-3, High-density Residence; R-4, Re sidential-Professional; Section 16 .4-10: B-1 , Business ; Section 16 .4-11: Design Guidelines for the Rehabilitation of Existing Buildlngs in the South Broadway In- centive Area; Section 16 .4-12: B-2, Busi ness ; Section 16 .4-13: 1-1, Light I ndustrial; Section 16. 4-14 : 1-2 , General Industrial; Section 16.4-15: Planned Development; Section 16 .4-16: Flood Plain Ordinance ; Section I6.4-17: Fences and Retaining Walls; Section 16 .4-18: Landscape Ordinance; Section 16.4-19: Sign Co de; and Section 16 .4-20: Condominium Conversion . 7. That the Englewood City Council has enacted the following sub- sections of Section 16.4: Section 16.4-8: R-3, High Density Residence; Se ction 16.4-10 : B-1, Business ; Sec tion 16.4-11: De si gn Guidelines for the Rehabilitation of Exi s tin g Buildings in the South Broadway In- centive Area; Se c tion 16.4-12: B-2, Bu s iness; Section 16.4-13: I-1, Light Industrial; Section 16.4-15: Planned Development; S ction 16.4-17: Fence s and Retaining Walls; Se c tion 16.4-18: La nd&cn pC' Ordinance. • I • • t • • • • -4- 8. That it is iniudicinus t o hav e sections 1•f the Comprehensive Zoning Ordinuncv designated under hoth Chapter 22 ~f the 1962 City Municipal Code and Title 16 of the 1969 En g l ewo od ~unicipal Code nnd it is incumbent upon the City Planning and Zoning Co mmission to r e f e r the rem ai ning sections of the Comprehensive Zanini Ordinance to the City Council which establish guidelines and p r ocedures for development, which sections were the subject of this Public Hearing. 9. That a summary of th e proposed amendments to the Comprehensive Zoning Ordinance and the p r oposed amended Comprehensive Zoning Ordinance in its entirety were entered into the record of the Public Hearing. 10 . That n o per sons were presen t who wished to a d dress the City Planning and Zoning Commission either in favor of or in opposition to the proposed revisions to the Comprehensive Zoning Ordinance. 11 . That the p r oposed amendments to the Comprehensive Zoning Ordi- nance are necessary and desirable for the public convenience and welfa r e and to promote the health, safety, morals and general welfare of the City of Englewood and that the proposed amendments are in accordance with the Englewood Comprehensive Plan, Resolution No . 49, Series of 1979 . CONCLUSION 1. That proper notice of the Public Hearing was given. 2. That no persons were present who wished to address the City Planning and Zoning Commission ithe r in favor of or in opposition to the proposed amendments to Sections 22.1 , 22 .2, 22.3, 22.5 , 22.6, 22. 7, 22.8, and 22 .9 of the Comprehensive Zo ning Ordinance. 3. That the proposed amendments to the Comprehensive Zoning Ordinance are necessary to clarify the requirements of the Ordin ance , to add procedures for matters not n ow addressed, and to bring the Co m reh nsive Zoning Ordinance into harmony with the Goals and Courses of Action in the Comprehensive Plan. RECO~E DATION The refore, it is th recom ndation of the City Planning and Zoning Comr.ission to the City Council that the propos d amendments to Sections 22.1, 22 .2, 22.J , 22.5, 22.6, 22.7, 22.8, and 22 .9 of the Comp rehensive Zoning Ordinance be adopted. Upon the vote on a motion mad at the meeting of the City Planning and Zoning Commission on F bruary 20, 1985, by Mr. Carson and seconded by Mr. Stoel. Those voting in favor of th motion: Messrs. Allen, Barbre, Beier, Carson, Magnu son, McBrayer, Sto 1 and Venard. No persons voted in opposi- tion to the motion; no pc>rsons w re absent. Bv Ordl'r of till' City Planning and Zoni~r. Commission. ,. • I • • l'l \Ol 'OSJ Jl l'llJ .J ~~WJ ,\,Jd "for promoting t ht· lu·al thful and cmwc-n j c·nt dis tri hut j on of popul ntion ; good c ivic des i gn and arr angeme nt; r es trictin the u se o f flood plain areas i n order t o avoid po tentia l flo od damage ; r egul a ting ... signs , f en c es ... the ar ea o f yards ... which shall be J andscap d. §16 .1 l NTRODUCT IOK §16 .1-1 r emove: • , , "and plead e d" .•. §16.1-2 added lines: Page 1: 11, 12, 13, l 7 , 18, 19, 20 , 21 22 -"signs and fenc es" 23 , 24 , 26 , 27, 28 Page 2 : 9, 10 , 11, 12 , 13, 14, 15, 16 , 17 , 18 21 -add "flooding" 22 , 23 , 2!. §16.1-3 Same §16 .1-4 (Line 24 -Ord. 34-82) §16.1-5 Same , e x cept 90 day s instead of 120 to initiate action to z o n e unclassified land (annexation) §16.1-6 Zon District symhol. not new; Title samr a~ p r nt . Added: R-2-C/SPS SBIA /Desi•n Guide lin es §16 .1-7 Same §16.1-8 Sam e §16.1-9 cw §16.1-10 New §16.1-11 lnten t same, wo rd inR r l n rific d . l'nl;<' 8: Add ex1·cpt ion r e l ancl und(!r on<· o wn t·n.ldp with spJ it zoni11f\· • - * * * * * No ref e r en ce t o quality o f deve l o pme nt, o r encouraging mos t app r o pria te u se o f land. No reference t o r est ri c ting d evelopment in flood plains. No referen ce t o r egu lating s i gns and f ences. No r efe ren ce to s o la r access . No reference t o landsca ping . Took out owner can get a permit for any permitted use in any z o n e district i f zoning not initiated in specified time frame. • I • • ' • §J 6 . 2 l'a,.;c· 9 -Strlk< lines 9 thro u!;h 13 -"(5)" Al>MlNISTRATION Admini s ter d b_' Director o f (',(I mmunity Dev lopment or d signee; Shall have pow e r o f law e nfo rceme nt o f- ficer; Right o f En try t o in spect t o enforce Comprehensive Zo ning Ordinance -clarifie procedure St op Orders -same §16.2-2 Sa me §16.2-3 Cl a rif ied §1 6 .2-4 Same §16.2-5 Plannin ; interprets provisions o f Comp reh ens ive Zo ning Ordi- nanc . §16.2-6 Pr ocedure f o r Appeals and Va rian c s . Appeals Procedur e Notice 10 days -was 15 Va ria n ce Not i ce -10 days Jegal 7 day pos ting Sets forth conditions for gran tin g variance more clea rly Clarifi<'s con iderat ion of "Use " variance . Authority t o r e quire reasonable stipulation -same. "Responsibility" t o adopt rules and r egulations. Limitat i o ns on Boa rd -s am e Expiration of Varia n ce -New . §16 .2-B f -p.7 • • - Was Building Inspector Ri ght t o Trespa s Rem o ved Building Permit p r oced u r e in §2 2 .2-2 b , c, d , and e Board interpreted §22 .2-5 d Too k o ut info r mation that should be in Rules and Pr ocedure Manual as t o numbe r o f members -t e rm s of office -fillin g vacanci es -remo val of members -officer s expenses, etc . Ex c e pt procedure in §16 .2-9 p. 7 was "Authority" I • • • • - J11dicial flrv i c w Pe r son payR cos t of p r cpnra - tj on of tran sc ri pt , e t c . §16 .2-9 P r oc du r c -Basic i nfo Most info same as present o rd . Could add §1 6 .2 -8 g here und e r appeal . §16 .2-10 Provid s f or admi nistrative variances in some c as es . §16 .2-11 Reloca t ed -changed time a nd iz . §16. 3 PROCEDUR~ f'OR IKITlAL ZONING OF PROPE RTY A:'D REZONING . §1 6.3-1 S ub s tan c the same . lnitiat zoning of anne x ed area within 90 days after a nn exed . A rezoning may be ... initiated by the owne r o r own e r s of the land to be rezoned. §16 .3-2 Pre-application Revie~ Would require staff to meet with applicant b fore applica- tion filed to discus s plans for developme nt, any public improve- ments that would be required , conformance with Com prehensive Plan, e t c . §16.3-4 Fact-finding Hearing Stat es that Planning Commiss i on acts a s fact-finding hea r ing agency and sets forth procedure . Ch;:inges public notice to 10 days for legal no tice and 7 da ys for posting Mo r e detail on findin gs of fart and app(•nl procrdure . Was appeals from thr Bo ard -alsu i n 16.2-8 g -sec no t e Would also b e in Pr ocedure Manu al Was in Definitions -J- Initiate zoning within 120 days after annexed o r hav e to issue Building Permit for any use in an y zone district . A rezoning ma y be initiated by one o r mo r e property owner s . 'ot r eq uired . Requires "Publ ic Hearing" Legal notice n ow at least 15 days before h ea ring date and posting at least 15 days befo re H aring. Because the Sentinel is pub lished once a week on Wednesday, the n o tice is actually 19 days, not 15. The change to 7 days would actually give 12 days in the paper (the day of publication and the day of the Hearing are n ot counted.) I • f • • • - §1 (,. 3-5 C:j ty Co u111i1 lit ;iri ng .1ml IJl·c i sJon . Clarif1 cs Council 's r ole . §16 . 3-6 Sta nd <i r ds for Zonin g and Re- zon ing . S tates justification for r czonin §16.3-7 When RPzoni ng Applic.1tion a r e n ot Accep t ed . After a de c isi on has heen made o n a r ezonin g applica tio n, a r e q ues t t o rezone all o r p a rt o f th e land in c lud ed in the rez o ning application will n ot be consid- e r ed again for r ezonin g f o r 12 mo nth s . §1 6 .3-8 Zo nin g Conditions Th e Commi sion can r ecommen d t o Co uncil th a t a n applicant should be r e quired t o submit a s ub- divis i on plat o r Plann ed Develo p- ment a s a condi tion t o zo ning o r r e z oning , and if it i s no t don by specified date , th Commission can in itiate action t o determine if th e zoning or rczonin> is still ap p r opriate . §16 .4 ZO~E DISTRICTS §16.4-1 Res trictions §16.4-1 a ( 2) Places ad dit ional r es tri c t ion s on use of r esidential property . Because of the conc<'rn about e n- forcement of the WC' d, trash, litter and derelict vchiclC' o r di - nanc e, one o f the Code En f o r ce- ment OfficC'rs sug~es t ed this section b added to th C' Compre- hensive Zoning Ordina nc e to facilitat the enfo r cement . §16.4 -2 R-1-A, Sin g l e -family Residence EXI STTNr. (Cl l i\PTEH 22-1 %2 l~·-·~l:_:J -4- Not addressed . Pr ocedure set fort h in Comm i ss ion Handbook and hando ut, but not in th e Ordinance. No t addressed. No t ad d r essed. Not add r essed (Note: This section has bee n considered a Public Hearing by the Planning Commission and has been referred to the City Council. The Council has not yet considered it at Publ ic Hearing.) • I • • ( • • • - §16 ./_._Lc fn cn.•.:t!=>t•s 111i nim11 m l o t .:1rc:1 f or Tt.•1 i g io11r.; ln~;tj tuli o n s , schools and p11hJic li11ildfo gs to 24 ,0IJO squarr ft'l·t . §16 . 4-2f Jncr!'n'ies minimum 1 ot fro nta ge of c hur ches , sch ools and puhJic h11ildings to 200 fe~t . §J6-4-2h Changes minimum front va r d t o 15 feet . By decreasin~ th e mi nimum fr ont yard to J 5 feet, it is ho p ed t hat it will redu ce p a r king in the fr o nt yards and add va r iety to setbacks. It also would permit mo re "livable" space in the r ear ya rd. §16 .4-2i Clarifies that the intent o f the si deya rd s e tbacks i s to have n o l ess than the required total setbnck bet we en houses . Example: 7 foot is the minimum side yard setback; there should not be adjo in ing h o uses each with the 7 foot set back on ad - joining sides g iving 14 feet he- tween h o us e s . If one house has 7 feet , th e othe r should have an l] foo t sideya r d t o provide the 18 foot o pen space between th e adj o ining units . §16 .4-2k Off-street parking spaces are required t o be o f a hard sur- f a ce . $16.4-21 Refers to landscaping o rdinan ce so reader is made aware o f re- quirements for landscaping. §16.4-2m(l) Maximum height o f garage 18 feet (t o accommodate door high enough for RV 's). Maximum total floor a r ea of garage -1,000 s q. ft. §16.4-2m(2) Storage shed cannot be more 100 sq. ft. in area and not more than one per dw e llin g . Co nditio n al Uses are excluded. (Present co nditi onal uses would he cove r d under public f ac ilf - l ies.) §JG.4-2o(4) Addres <,p,; li1p1Jfied pet r 11 J e11m gas f 11 ::i t a l I a l 1nno;. (){equt•s t < ~~ 15 ,000 s qua r e feet. N01.• 75 fee t Now 25 feet No specific requi r eme nt -"dust fr ee". Not addressed No w 15 f eet. Not addressed; is in U.B.C . Not addressed . Parks, playgrounds , elect ri c substat i o n s , and gas regulator stations are now Co n - ditional Uses. Not now addressed in ordinance. -~- I • • ( r • §]6.4-3 hy l'lrt· ll ··pa rt me n t ). (Tld,; app . l es t o uthC'r RC's i- tlC'nt ial dis tric-t s , as w 11.) R-1 -n , Sing l e-fa mil y Residence DJ st ri c t. §16.4-3h Add s public fa c ilities as a Pe r mi tt ed Use . §16 .4-3c Increas es minimum lot area of churches , schools and public buildings t o 24,000 squa r e f eet. §16.4-Jd Makes it clea r t hat minimum fl oo r area applies t o single- famil y dwelling . §16.4-)f Minimum l o t fro ntage for c hurches, schools and pu b li c buildings 200 fe et . §16.4-Jh Minimum fro nt ya rd 15 feet (See refer ence in R-1-A analysis §16.4-3i Clarifies that there must be at least the width of the t o tal re- quired setback (14 feet) between two dwellin gs --co uld n ot be two minimum side yards adjoining with only 1 0 f eet between units. §16.4-)k Off -street parking s paces must be of a hard surface. §16. 4-3m(l) Maximum hdght of garage -18 feet. §16.4-Jm(l) Minimum rear yard of garage with entrance on alley is 6 feet (to allow for maneuvering Maximum t o tal fl oor area o f garage is 1,000 square feet . If garage or carpo rt whi c h provides required parking is converted to a n other u se , the r eq uired parking has t o be provid d some place else on th sit . §16.4-3m(2) Storac<' ShC'tls (S N R-1-A TC'xt) §J 6 .4-)m{)) 110111(· Or·rupal 1o n <Ir (' d nrJ f frd. • • • EX l STJNC (C ll/1 1 l_!Ji. 21_-l_Y_f>j _ _!_.' --.!'.) (N o te: Th is s c tl on has been rons id c r ed at Public Hea rin g by th e l'lan ni ng Comm lo;s ion and has been referr ed t o the• City Co un c ll. The Counc il ha s n o t yet ro n sider0t1 tt a t Public Hearing .) Now 12,000 sq. ft . No w could be interpret e d t o apply to all u ses. No w 100 feet Now 25 feet Not clear; cc ·uld have tw o minimu m setbacks adjo ining; thus reducing space between buildings. Not specified Now 15 feet This has been requi red by staff f o r years , but without spec ific authority to do s o . 'ot addressed. Tiiis has been a problem in the past; as garages have been converted , alternate o f f-st reet parking has not been provided. Not Address d WerC' permilt <'d, but no s tandard s were give n • I • • • • • - §16.4-4 Sm<.111 • hild care C(•nt er (5 t n 12 chi l dren) permittl'd as a Con<l ! t 10113] Us~. R-1-C Singl e-family Residence District. Same changes as in R-1 -A and R-1-B District Sections in relation t o proportion3te l ot area and frontage o f churches , schools, and public buildings , fr ont and side etbacks , etc . §16 .4-40(3) A provision has been added on page 10 for construction on a lot having less front - age an<l area than required . §16.4-5 R-2 Medium Density Residence Dist rict. §16.4-5b Provides for single-family at- tached dwellings and sets forth requirements therefo r e . Daycare centers are stricken as Permitted Uses . Same comments apply re: side yards, front setback, parking, garages, storage sheds, home occup3tions as in single-family districts. Maxim ·Jm lot coverag omitt d . §16.4-S c Minim.im Lot Area for churche schools and public buildings - 24,000 square feet. §16.4-5e Minimum u able open space -30 % §16.4-So Small child care center and group homes arc Conditional Uses . §16.4-6 R-2-C Medium Density Residence !Ji s trict -7 - (No t e : Th~s section ha s been considered a t Public Hearing by the Planning C0mm i . s l on and has been ref e rred t o t lie City Council. The Co un cil has not yet c ons idered it :it Public Hearing .) (Note: This section has been considered a Public Hearing by the Planning Commission and has been ref er red t o the City Council. The Council has not yet co n sid red it at Public Hearing.) Now a Permitted Principal Use . Now 30%. Now 12,000 square feet Now 50% Group Homes not addressed. (Note: This section has been considered at Public Ilea ring by the Planning Cornmil.- s ion and h :1 s been r e f erred to the City Cou ncil. ·ho Co un ci l ha,; not yet con- s f <lere<l it at Puhlic llraring.) • I • • ( • ~HJ.4-ob Pnivid1•s f or sincl.0-fami l y al - t ached dwP!Ungs. Day Care Cen t e r s omitted as permitted use (to be a Con - dit iona ] Use) §16.4-6c Minimum Lot Area f o r churches , schools and public buildings 24,000 square feet Maximum l o t coverage omitted §16 .4-6e Usable Op e n Space -30 % §16.4-7 Other provisions similar to R-2 . R-2-C/SPS S pecial Permit System/Medium Density This is a new z one district classification developed by the Northwest Eng lewood Citizens Committee and it is inten ded t o be applied in that area. The u s s are the same as those permitted in the R-2 and R-2 -C Dis tricts . • • • -R- Now 42,000 square f eet Now 35 % Minimum landscaping 40 % (No te: This section has been considered at Public Hearing by the Planning Commission and has been r e ferred to the City Council. The Co uncil has no t yet co nsidered it at Public Hearing.) §16. 4-7m Building Materials ar ad dressed. §16.4-7p Undeveloped lots are addressed, keeping in mind the District would be applied to that area in Northwest Englewood now zone R-2-C. §16.4-7q Family Care Units would be permitted. §16.4-7r All new development would have to meet Design Criterion policies. §16 .4-8 R-J High Density Residence District. This section of the Comprehen- sive Zoning Ordinance was adopted by Ordinance No. 18, Srries of 1984. Two minor chanr.c.,; n<•0d t" h<> mnde ln th scctJon nt th1 Umc>: • I • • ]- t ( • • • • §16.4-9 l . ~l 6 . 4-8h (l J) r;houl d he 1-1me n dpti Ln r pad Puhl i c huildingr; ANO FACILITIES 2 . §16 .4-8d(J )(h)(ii) s hould be amended to reatl: two bedroo unlt ... 750 sq. ft. R-4 Res idential/Pro fes~io n a l Dist rict. No substantlve changes h:ivc· b een made ot'ier than those· made in the ,>r ec ding r es i dcn- tial section,, and changing r eferenc es tu R-2-B t o R-2 . §16.4-9n Conditional Use permits La r ge Child Car Centers serving 13 or more children , and group homes . §16.4-10 B-1 Business District This zone dis t rict has also been amended and adopted by Ordinance No . 18 , Series of 1984. The only amendment proposed at this time is in §16.4-10b(75), adding Public buildings AND FACILITIES §16.4-11 Design Guidelines f o r t he Re- Habilitation of Exi.tin Bjild- ing in th e South Broadvav In- cen tive Arca. No changps are propo s d at this tim §16.4-12 B-2 Business District. This Zone District wa . al o amended and adopted hv Ordi- nanc e Nu . 18, Serie. o f }q84. No a<lditlon:il nmc,n<lmc·nts propo '> d at thi s t1 r11. _q_ In t he adopted Ordinan ce ·a . 18 , Se ries of 1984, the minimum floo r a r ea for a two bedr oom unit is 7500 squar fe e t. This is so obv i ously an erro r that the ect i o n -o f the R-3 r egulations that have been dl trihut to the public and to yo u , have been changed t o read 750 square feet. (No te: This section has been conside r ed at Public Hearing by the Planning Commis- sion and has been ref erred to the City Cou n c il. 1ne Council has n ot y et co n s i dered it a t Public Hearing.) • I • ( ( • • • • §Jh.4-]) 1-1 J.jr,ht Jntluslrial nistrlct The 1-1 Dl s tri<t was also adopted by the City Council by Ordinance No. 25, Series of 1984. No further amendments arc pro- posed at this time . §16 .4-14 I-2 General Industrial District No major changes are propo sed in thi s District . §16.4-14b(l) Would prohibit mob ile home parks in the 1-2 Zone Dis - tri ct . §16.4-14b(7) Requires land used for natural production uses to be reclaimed for uses per- mitted in the 1-2 District . §16.4-14b(l0) Adds an escape clause for uses not mentioned . §16.4-14c Addresses prohibited uses. §16 .4-14d Maximum Gross Floor Area in Structures is 2:1. §16.4-14i Amusement establishments has been added as a Conditional Use. §16.4-14j4(c) and (d): refers to Uniform Fire Code. §16.4-14k Sc reening. Clarifies the screening section and al o ad- dresses the relation sh ip be- tween screening and landscaping requirements. §16.4-14k(J) Clarifies that a building constructed at property line adjacent to a resid en tial district does not serve as a wall, screen, or fence under screening requirements. §16.4-15 Planned Development District. This Sl'ction o f th r CnmptPhen- sivc Zlln fn1 • Ordinanc r wn s :ilso atlnptc<J by Ordinnric(• Nu . J 8, S!•ric•!; "f ]'184. -] ll- (Note: This section has been considered at Public Hearing by the Planning Commis- sion and has been referred to the Ci ty Council . The Council has not yet con- sidered it at Public Hearing.) This is an inclusive ordinance (any use in I-1 is permitted and it wa determin ed that mob ile home parks would not be ap- propriate in the 1-2 District . Not a ddress ed . Not addressed Not add r essed, Not clear Omitted in earlier amendments This is n ot clear in the present ordinanc and has been added in response to Council concern several years ago over a building constructed on the northeast corner of West Yale Avenue and South Zuni Street. • I • r ( ( • • • • J\o a m1•n<im0nts n r c proposed at thi s th1C'. §1 6.4-16 Flood Plain Ordinance . The o nly cha n ge in this sectio o f the Com prehe nsive Zo nin g Ordi n ance i s to bring it and all r e f rences in the ordinan ce un- de r Title XVI . §2 , Definitions , is to b e includ ed in §16 .8, Definition o f th e r evis e d Ordi-nan ce . §16. 4-17 Fences and Retaining Walls . §16.4-19 Thi s se c tion of the Comp r ehen- sive Zon ing Ordinance wa s adopted by Ord inance 'o . 37-84. No further amendments are pro- posed at this time . Sign Code . The Planning Commission has referred amendments t o the sign code to the City Coun c il f ollowing a public hearing . The Cit y Council has no t yet considered the a me ndments . The a me ndments are a matter of clarifying ec tions that proved to be unclear when enforc ing the Sig n Code. §16.4-20 Co ndo minium Co nversion Ordinanc This is a r ecent addition to th Compreh£>nsive Zo ning Ordinance adopt d by Ordin ance No . 49 , Series of 1982. No amendments are proposed at this time. -11- The Flood Plain Ordinanc e is draft ed pu r- suant to Federal stand a rd s . Now includes definitions in Fl oo d Plain section. The Fence Ordinance 1.•a pa rt of the Building Regulations and was inadv e rt antly repealed several years ago. It was f e lt it should mo r p appropriately be included in th e Comp r ehensive Zoning Ordinance . • I • • §16.5-2 Burden is on person con- structing to bring in state- ment fr om Civil Engineer r ela- tive to storm run-o ff , which sta tement i s r ev iewed by the D<'partment o f Cnglneering Ser- vices . Privat e Garages and Carports. No more than one conune r c ial vehicle with manufactured rating of one ton. (This sec tJ o n must be justified with §16.4-la(2)(b)i.) §16.5-3 Publi c Garag e s, Filling Sta- tions, Parking Ar eas and Car Sal es Lo ts. §16.5-3a Requires on-site detention of storm run-off and a surface of concrete, asphaltic concrete, ( asphalt or BRICK PAVER S . ( • "DIRT" added in place o f "dus t" in line 12. §16.5-3c Re quires parking spaces t o be mark d on th e pavement and di- rectional markings or signs to be install d. §16.5-3d States that a parked vehicle cannot hang o ver a public right- of-way or public sidewalk. Re quires bumper stops t o b in- stalled t o protect the public ri ght-o f -way from intr usion by t he parked vehicle. §16 .5-3e Clarified . §16.5-3f Lighting facilities cannot ex- ceed a height of 25 feet. §16-5-3h Prohibits parking areas being used for sale, storage, repair, dismantling or servicing o f vehi c les, equipmt·nt, mat rials or supplies. §16.5-3 1 J>nrklng s p.1 rt•s Jn l.lus!m""' and 1ndustrial llJ. t rl r lh Must lw de- h f nnt \d fiO u._ Jd (' J (""• d o Ot )l h .. H k ou t Jnt o ;i pul.J l e s l r1>tl . • • • -1 "- Was t1tl<'d S11pplem e utnry Re!;11lntio us . Gives an option for the City Eng in e er t o analyze the projected storm ru n-o ff. It is felt that bu rd e n shou ld n o t he plac e d o n the City. Limits commercial vehicles in private garage or carport to one , 3/4 t o n ca rrying capacity . Was Public Garages, Filling Statio ns, Parking Areas and Used Car Lots. Did permit area subject to wheeled traffic to be surfaced with aggregate or any o ther dust-free surface. Not addressed. Not addressed. Height of lighting facilities not addressed. Not addressed. 'fot addrt·s sed. I • ( ( ( • • • • §Jh.~-)_i J\dd1<·s sc " allt·y 1mprnven1Pnts Jn a businl'SS or indus tr1ctl dii;t r.Jct. §16. 5-4 Ingress and Egress from Public Street. §16 . 5-4a(2) increases wi dth of driv e- way in a busines s or industrial district t o 30 feet. §16.5-4b Sets a ma ximum width of a single~ family or two-family driveway at 20 feet and a driveway to a complex ~ith three or more units at 25 feet. §16.5-5 Private Off-street Parking Standards. §16 .5-5a Address es uses not here-to-fore identified in the section set- ting minimum parking r equi re- ments. These include: Amusement facilitie ; Conven- tion facilities; Auto dealer- ships; Rooming and Boarding ho u es; and S nio r Citiz e n co m- plex The parking f o r o ther us s such as ch u r c h e s, h o tel s , indu trial uses , offices , re taurants and warehouses have been clarified. §16.5-5a(l7)(f) requires senior c itizen complexes to have on e bicycle spac e for eac h 20 units t o a ccomm d a e the mo re active c itiz ns. §16 .5-5a (l7)(g) requires the Planning Commission to r eview parking plans which are a requirement in all Planned D velopments. §16.5-Sh permit s 4 0?' o f th1 • spaq••, in a p .irktn 1: l o t to he dc s fr,nt ·ll for to mp.1 r l c an •. -1 ]- Tliii; ls not address t·d in tlic> p rt ·St ·nt ord Jnan cc , nn<l df'Vl'l Op(.!n:; at l ' no t aw :1r c of the Engineering Departmc•nt 's r e quire- mcnt until after their plans ;up ""hl'lltt d . TI1e maximum has been 25 f e<'t; on a high trafficked street , a 25 foot driveway creates a t r affic hazard wh en a mo torist is tryin g to enter the narrow tw o -w ay drive- way if a car is waiting to exit . Tiie 25 foot maximum applied to all drive- ways with n o consideration for th e spe c if i use. At the time the 1963 Ordinance was drafted, the effects of the Denver Buick de isi o n were being felt and minimum parking stan- dards were identified, but there was some question as to whether or not t hey could be required if push came to shove. Since that time, th e Cou rt has changed its po siti G relative to the ability of municipalities being able to require o ff-street parking. Now exempts senior citizen complexes fro m bicycle parking. T'1e Co nunis s ion reviewed the plans for any parking l o t designed for 50 or more cars. When this provision was drafted there were no requirements !or pavina, marking , lighting, landscaping, etc. in parking lots, and the Commission routinely required these items in its approval. Now that these is- sues are addressed as requirements, it give the Commission an opportunity to direct it att ntion to Planned Developments and not dupllcate a review of lots which have to meet the r quirements routinely. Co mpa c t cars arc not addr Hsvd • I • ( (. ( • • • §Jfi.r>-'ij r cfc·rs tl 1< clt·vc •Jnpl'r to th<' Lands caplnt; Orel lnan ce. §1G .5-5k requi r es lnrge r parkin g lots to prov i de a design ated space for the piling of s now removrd fr om the l ot. §16.5-6 Woul d r eq uire multi-family dwe llings with 25 or mo re units to provide off -street l oading spaces. §16. 5-7 §16.5-8 §16. 5-0 Height Ex t e nsio n. This s ec tio n has no substantive chang es , but ha s been cl arified. Area Exceptions. No substantive c han ges . Yard Exceptions. §16.5-9a p ermi ts front y ard alignment to be av e raged with 25 % o f lots in the block front. This sec tion loses importance if the front yard setback is reduced to 15 feet. §16.5-9d Deleted . §16.5-9e Addresses setbacks for attached single-family dwellings, town- houses, and tri-plexes. §16.5-9f Has been clarified . §16.5-9h Has been clarified. §16.5-10 Projection into Yards. The wording of this entire srction has b en clarified, but no substantive change made. §16.5-13 Corner Lot R gulations. This has b en the most confusin section in the Comprehensive Zoning Ordinance. No substan- tive chang s have been made, but the wording has be n simplified. §16.5-14 Obstrurtion of View on an ln- t rior or Cornrr 1.ot. 1ht• so ·c t Ion li..is h c•n C'lar!fic•d. -I 1,_ o t n ow :i Jdrc·<>s<·J. Not add r essed . The snow r emo va J at Cind e r - el la City and many othe r bus in esses is piled in pa rking spaces and th r Cit y re- ce ives complaints fr om custome r s and bus i- n es smen abo ut th e redu ction 1n parking spaces and the appearance o f the dirty piles o f snow. Not n ow req uired . Heigh t Ex ception. Now 50%. This section was difficult to interpr t and is covered elsewh er Did not address several t ypes of housing having commo n wa 11 s . • I • • - (, ( • ~If>.'>-]', S tr v<'I JJ,d il',,tJ 0 11 and lltdldJng 11 l't"111 fl ~. II.i s h (•e n rl'w u r d ed . §l6.S-l6 Na tural Pro duc tio n Uses and §J6 .5-17 Landfill Performance Standard s. No substantlve changes . §16 .5-17r Hazardous Materials has been add r essed . §16.5-18 Dev e lopment Stand ards o n and Adjacent t o De signated Land - fill Sit e . Has b een add e d. §16.5-19 Pending Applications for Building Permits. No c hange. §16.5-20 Conversion o f Existing Dwellings. Cla rified. §22.S-19 Uses Not Mentioned. Deleted. Th is i ssue is addressed in tho s e zone districts in which th e flexibility may be n e ces s ary. §22.5-20 Swimming Pools Deleted. This subjec t is covered in Title 6 of the E .M.C. §16.5-21 Conditional Use . Ad o pted by Ordinance #5 , Series of 1978. Thi s s ec ti on has been c hang d o nly by th e ad ditio n o f §16.5-21 g Co mpli a n c e , whi ch r equ ir es a p e r son t o op rat e a Co n d itio nal Use in c om plia n ce with a l l t e r ms o f th e a p proval o f th e Co n d i- ti o nal Use . §16 .5-22 S tructures, Temp o rary -Use and Term. !la s b een darif ied. §1 6 .5-23 F.illout Sh e lt C'r s Wo ul d h e p ~m l tte d aq a n Accc·..,1m r y lis t• wh e t e n Pre1-.r.i1 r \', § 16 . 5-2 ~ Ad .1 pl l vt • Rf.'u •,c . /\ IH'W ~ .. c t Ion whlrh 11<ltl n •..,, c•,.; t h1 · n ·uu· o f v.Hat c·tl ~(ho1•l~, • • • -I )- No t addressed. Not addressed. The Planning Commission could co nsider a use not menti o ned in any zon e district. Th e provision was too b r o ad as written and ha d loose standa r ds upon which a decisio n wa s made. Requi r ed Building Permits and set f o rth di trlcts in wh i c h certain types o f p oo ls c o uld be l o cate d . No t a ddr ess ed No t addressed. • I • • §16 . 6 §1 6 . 7 §16. 8 ( . ( • rhu r chl·s, Jilt! pub I it · l1u f Jd lngs c"l ll d Sl l"U<·tllrL'S de~;f~nUt(•<l ilS hist.,r l ea ] hu iJ cHn !:" and g lvcs st a nda r d therefore . Nonco nfo r ming Use. No suhstantive change . The sect ion has been r eworded in order that it c an be mo r e easil y int e rpre t ed . Lega l Status Prov i sion s . Has n o t been changed. Definitions . The definiti on s t hat a r e in th e existing definitions ect i o n o f the Compr e h e ns i ve Zo ning Ordi- nan ce and in individual section such as t he Flood Plain Ordi- nance, Sign Code , Landscaping Ordinance, Dirt y Business Or di - nance, e t t ., hav e been pulled togeth r into §16 .8 and ce rt ain o ther definition added . The def ini tio n arc from xl~t i n g o r dinances , Anderson'~ American Law of Zoning , th Illustrated Book of Development Definitions by Moskowitz and Lind bloom , and Black 's Law Diet iona r y . • • • -I I> I • • • ( l • C 0 U N C I L DATE Man-Ii 25 , 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM II b SUBJECT Awa r d of Contract for Phase III Adm i n is tra t ion Bu i ld i n g INITIATED BY Wi ll i am F. Owe n Phll.-.L E Dire c tor of Wa~t.!l_r~.tm.e.a.LJ:l a nt ACTIO N PR OPOSED Cg11n c i1 tg a ward cgntract fo r Phase III Exp a n sion -Admin is t ra t ion B 11i J djog t o S p mmit Co n s tru c t o r s of p e py e r Cglarad n INTRODUCTION : The Was t ewa t e r Tr ea tm e n t Depa rtme nt is r eques t ing a pprova l and award o f a c ons tructio n c ont r a c t fo r r e nova t i on o f t he Wa s tewater Tr e atme nt Pla nt Admini s - tratio n Bu ildin g t o t he low bid de r (of three, Summit Co n s truc t o r s , for a sum o f $457 ,380 t o c over con tin gen cy allowa n c ~. BACKGROUND : Fo r some time now, the Citie s o f Litt le t on a nd En g lewoo d hav e been plan- ning e x pan sion of th e Bi-City WWTP . On compo n e n t o f thi s effo rt i s t o r e nova t e and expand the exi s t i n g admi n is t ratio n buildin e . Renovatio n i s de s ired in o rder t o ex- pa nd th e maintenanc e fa c ilities , pro vide ad e quat e s pa c f o r me n a nd wome n loc ker r ooms a nd break fa c ilities , add re cep t ion a nd data processi n g a r ea , r pl ac e th r oo f s truc ture , a nd imp r ov e the heating , v e n til a tin g , and a ir condi t ion i n P (HVAC) svstem. The Cit i s ' des i gn e r, He nn i n gso n, Durham & Ri c ha rd son (HOR) p r e pa r ed t h design f o r r enova ting t he admini s tra t ion bu i lding a l o nr wit h t he Pha se II I Ex pa n sion . Recall , t he Cit ies r ecentl v awa r ded th g en e r al Phase Ill Co n st r uction con- t rac t 0 Weaver Co n s truc tio n . I n con fo rman c e wi t h th Ci t ies ' comp ti t ive biddine requi r e me nt s , the Ci t ies adve rt ised , so li cited b i ds , a nd ouhliclv ooened b i ds on Ma r ch 5th at the Ci t y o f Englewood Lib r a r y Co n fe r e n ce Room at 2 :00 p .m. A tabula - tion of t he t hr e bids r eceived follows : Summi t Co n structors 5472 \'al lev Hillh'-'av Denver , Colorado 80216 Weaver Construction Company 21 15 Sou t h Valen tia St r eet Dl•nve r, Colorado 802 31 HBN Cons truction Corpord t ion 705 Wes t Dartmouth , ~nit B Engle'"'ood , Colo r do 80 11 0 • $ 4 15,800 .00 s 418 ,814 .00 s 424 ,000 .00 I • • ( (' • • • • FINANCIAL DETAILS: The Engineer 's cos t estima t e for t he administration building was $239,000 . The low bid of $415,800 is about 75 % higher than the Engineer 's estimate. The overall budget fo r the Phase III Expa n sion including the Ad min ist r a- tion Building is $6,006 ,000. With the increase i n the co n struction bid , the over - all cos t will remain under budge t a t $5 ,917,981 . The t ab l e below compares budgeted cos t s versus a ct ual cos t s. Construction Co ntrac t $ 3 ,86 2 ,000 $ 4,127 ,202 Prepurchase Equipme nt 450,000 348,166 Administration Building 250 ,000 415 ,8 00 Contingency (P h~se III & Admin Bld g) 594,000 472,370 Other Items 400 ,000 Cons truc t io n En gineering 300,000 4 10 ,843 Construction Management 150,000 14 3,600 To ta l $ 6,006,000 $ 5 ,91 7 ,981 If th e Council elects to awa rd a contract for this work, we rec ommend awa r d wi th a 10% conti ngency allowance t o accomm odate unforeseen costs . Pe0c n . should Council elect t o awa rd t o the l ow bidder , we recommend award of a t or1l amount of $457 ,38 0 , which i ncludes a con tinge ncy of $41 ,580 . DISCUSSION: The low bidd e r, Sununit Constructors, is a Denve r-based construction firm-.~~- Bo th HDR and OEMC met with the firm 's vice p r esident and proposed super- intendent t o assess t heir under s tanding of th project and interest in the wo rk. Furthermore, we co nta c ted sever al references of past work . Also, Sununit Construc- tors r ecentl y completed the expan sion to the En glewood WWTP . All work was per- fo rme d in a timely , professional manner. As bids were subs t antially over the cos t es tima t e , we conduct d a rather detailed investigation of background o n the stima t es a nd bids. Our sununary follows : 1. The bids appear to represent fair value for work defined. 2. The original estimate was substantially low . 3. There are some areas where costs could be reduced, albeit only to a limited degree. 4. It would not be possible to reduc costs to the original esti- mate and still maintain the def in d functionality. 5 . The facility as d signed is not overly plush or extravagant. On review of the ahov background , th Superviborv Conunitte unanimouslv agreed to award to the low bidd r for the bid price above . CONCLUSION/RECOMMEND ATION: Th low bidder, Summit Constructors, met all the r quire- m nt of the bid specifications and submitt d appropriate Jnsuranre and hid forms. Based on the Engineer's (HDR) abd our review of this firm and th ir principal suh- con ractors, we are quite confid nt they will do good job at a fair price. We recomm nd th Council ward th th low bidd r, Summit Constructors, for th 10 ~ contin~ ncy of $41,580. Adminlstration Building contract to ·um of $457,380, which includ s • I • • ( • • • • I j • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM SUBJECT March 12 , 1985 !"/ h / APPOINTMENTS TO BOARDS & COMMISSIONS INITIATED BY City Council ACTION PROPOSED Appo i ntments be made to variou s boards and commissions effec t ive March 18, 1985 . Backg round Ther e c urrentl y exist s the followi ng vacancies: Board of Adjustment and Appeals -o n e vacancy expi r i n g February I, 1989; Pl a nning & Zonin g Commission -one \'acancv exoiri n g Febru arv 1 . 19 - Th ere will also be a ··acancy on the Electio n Commission whi ch will expire Februa r y 1 , 19 :1 6 . Decision In order to fill th e above vacancies, the individ uals li s ted below are hereby appointed: David Gourdin , 3221 South Pennsylvania , Englewo od -Planning & Zo ning Commission, for a term to expire February 1, 198 7. Lois Lighthall, 4460 South Fox, Englewood -Board of Adjustment & Appeals, for a term to expire February 1, 1989. Steven Mesa, 4001 South Logan, Englewood -Ele ctio n Commission for a term to expire February 1 , 1986 . • I • • - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DAT E March 12, 1985 AGENDA ITEM !"/ h / SUBJECT APPOINTMENTS TO BOARDS & COMMISSIONS INITIATED BY City Council ACTION PROPOSED Appointments be made to va ri o u s boards and commissions effective March 18, 1985 . Bac kground There currently exis t s the following vacancies: Board of Adjustment and Appeals -one vacancy expiring February 1 , 1989; Planning & Zo ning Commission -one vacancy exoiring Februa~v 1 . 198 7 . Ther e will also be a vacancy on the Elec t io n Commission which will expi re February 1 , 1986. Decision In order to fill the above vacancies , the individuals listed below are hereby appoi nt ed: David Gourdin , 3221 Sou th Pennsylvania, Englewood -Planning & Zoning Commission, for a term to expire February 1, 1987. Lois Lighthall, 4460 South Fox, Englewood -Board of Adjustment & Appeals, for a term to expire February 1, 1989. Steven Mesa, 4001 South Logan, Englewood -Election Commission for a t erm to expire February 1, 1986 . Tn addition, there cur rentl y exists a vacancy on the Board of Career Service Commissioners which term 1 ill expire ~lar ch 15, 1989 . This v acancy needs to be fi ll ed as soon as possible . • I •