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Home My WebLink About1985-08-19 (Regular) Meeting Agenda• - • - • • 0 City Council Meeting -Regular -August 19, 1985 • • • - • • 0 ~ u~~.~.<{:uv. ~ /4. 33, ~4, d •-;, 36 (f) :J/J()l 1 A~-tJ:o ~~4 d'l, 5 ) -;J, :i ..d_ I . . • • -- ( • • • -----~-~---.......__ AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 19, 1985 7:30 P.M. 1. Ca 11 to order. (l[t .. ; 2. Invocation. /'~~ 3. Pledge of allegiance by Boy Scout Troop 1151. 4. Roll call. 6. Minutes. (a) Minutes of the regular meeting of August 5, 1985. Pre-Scheduled Visitors. (Please limit your presentation to 10 minutes.) Non-Scheduled Visitors. (Please limit your presentation to 5 minutes.) 8. Communications and Proclamations. (a) (b) Proclamation declaring the month of October, 1985, as Colorado Recycling Month. Proclamation declaring the week of September 17 through 23, 1985 as Constitution Week. (c) Communication from the Chairman of the Englewood J Housing Authority transmitting a proposed agree- ~;;~l/ · ment establishing the responsibilities for the City • ' -~ L ~~~of Englewood and the Englewood Housing Authority. {» ~/ J (..,A ·te;' 3· ~ !> • • I • • ( ( ' • • • • Page 2 August 19, 1985 Agenda 9. Consent Agenda. (a) Minutes of the Housing Authority meetings of April 24 June 5, and 26, 1985. (b) Minutes of the Board of Adjustment and Appeals meeting of June 12, 1985. (c) Minutes of the Downtown Development Authority meetings of June 12 and 19, 1985. (d) Minutes of the Board of Career Service Commissioners meeting of June 20, 1985. (e) Minutes of the Planning and zoning Commission meetings of July 2 and 16, 1985. (f) Minutes of the Urban Renewal Authority meeting of July 3 and 31, 1985. (g) Minutes of the Parks and Recreation Commission meeting -~-----•Of J , • V Ordinance on final reading to amend the Englewood~~~~~ 10. (h) (i) (j) (k) Municipal Code regarding lost, abandoned and un- claimed property and its disposition and to provide a method for the Englewood Police Department to ''\' ,~1 utilize the monies received from its sale. ·~ )V Ordinance on final reading requiring restitut1o be paid by defendants found guilty of damaging or destroying personal property or of causing bodily injury or other damages to their victims. ordinance on final reading to amend the Englewood Municipal Code regarding the offense of harassment in order to conform with recent Colorado Supreme Court decision. Ordinance on final reading to approve a request to vacate Miramonte Road (South of west Belleview and Delaware Streets) and retaining a 20' wide utility easement. / Publ i c Hearing. I • ( I • • ( • • • -..... Page 3 August 19, 1985 Agenda 11. Ordinances, Resolutions and Motions. (c) (d) (e) Recommendation from the Planning and Zoning Commission that City Council receive its proposed amendments to the Comprehensive Zoning Ordinance relative to auto and recreation vehicle sales and lease lots, gas and oil service stations; and that a date be scheduled for a public hearing. Recommendation from the Planning and Zoning Commission that City Council receive it proposed amendments to the Comprehensive Zoning Ordinance relative to its administration; procedures for initial zonings, re- zonings; amendments; fences and retaining walls; landscaping; signage; that the City Attorney prepare an ordinance and that a date be scheduled for a public hearing. Recommendation from the Engineering Services Depart- ment to approve a Resolution to accept a grant of easement for the construction of a cul-de-sac on the 2800 block of South Emerson as part of Paving District No. 30. Recommendation from the Parks and Recreation Commission to revise the present park shelter reservation program to require that larger groups of park users obtain park permits. Recommendation from the Parks and Recreation Commission as to the usage of the 1985-1986 lottery funds. (f) Recommendation from the Utilities Department to approve an ordinance which will allow the City of liD~ K~ Englewood in accordance with the State Legislature ~~ 6 to claim all deep acquifer ground water which has ~~ o~not been claimed by private interests prior to 11 } ,.6)'1) January 1, 1985. 'b' t; '. :>"' {P (g) D-;1~ Recommendation from the Utilities Department to approve Change Order 12 for the Union Avenue water line replacement in the amount of $103,970 and to direct staff to give the contractor, Lillard and Clark, notice to proceed. (h) • Recommendat i on from the Police Department to approve a Bill for an Ordinance amending the Englewood Municipal Code regarding the maximum punishment which can be imposed by the Englewood Municipal Court • • ~'. I • • • - • • -'-· Page 4 August 19, 19S 5 ( 12. 13. City Attorney's Report. 14. General Discussion. 15. ( AH/sb • I . • • • • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 19, 1985 7:30 P.M. l. Call to order. (}_6-, 2. Invocation. 1~~ ~-J 3. Pledge of allegiance by Boy Scout Troop #151. 4. Roll call. ( 5. Minutes. Offlv~-aJ (a) Minutes of the regular meeting of August 5, 1985. 6. L v..,.__/ 7. '1)-Y' Pre-Scheduled Vis i tors. (Please limit your presentation to 10 minutes.) Non-Schedul ed Visitors. (Please limit your presentation to 5 minut es .) B. Communications and Proclamations. (a) Proclamation declaring the month of October , 1985 , as Colorado Recycling Month. (b) Proclamation declaring the week of September 17 through 23, 1985 as Constitution Week. (c) Communication from the Chairman of the Englewood ~ Housing Authori ty transmitting a proposed agree-flPti;t~ ment establishing the r~sponsibilities for the City . ~/~of Englewood and the Englewood Housing Authority . {l Nt,/ I 0 ~q~3~~ • • I • • • • • -'-- Page 2 August 19, 1985 Agenda 9. Consent Agenda. (!JYII'4 0 (9MPJ~ <JY-4A ~~:B-- c.~A~-..§0 (9 •Jj ~ 17 cB-*-65 (9JL j.5~ (a) (b) (c ) (d) (e) (f) (g) (h) ( i) ( j) (k) Minutes of the Housing Authority meetings of April 24 June 5, and 26, 1985. Minutes of the Board of Adjustment and Appeals meeting of June 12, 1985. Minutes of the Downtown Development Authority meetings of June 12 and 19, 1985. Minutes of the Board of Career Service Commissioners meeting of June 20, 1985. Minutes of the Planning and Zoning Commission meetings of July 2 and 16, 1985. Minutes of the Urban Renewal Authority meeting of July 3 and 31, 1985. Minutes of the Parks and Recreation Commission meeting of July 11, 1985. Ordinance on final reading to amend the Englewood Municipal Code regarding lost , abandoned and un- claimed property and its disposition and to provide a method for the Englewood Police Department to utilize the monies received from its sale. Ordinance on final reading requiring restitution to be paid by defendants found guilty of damaging or destroying personal property or of causing bodily injury or other damages to their victims. Ordinance on final reading to amend the Englewood Municipal Code regarding the offense of harassment in order to conform with recent Colorado Supreme Court decision. Ord i nance on final reading to approve a request to vacate Miramonte Road (South of West Belleview and Delaware Streets) and retaining a 20' wide utility easement. 10. Public Hearing. • • I • • • ,. • Page 3 August 19, 1985 Agenda 11. ordinances, Resolutions and Motions. (c) (d) (e) (f) Recommendation from the Planning and Zoning Commission that City Council receive its proposed amendments to the Comprehensive zoning Ordinance relative to auto and recreation vehicle sales and lease lots, gas and oil service stations; and that a date be scheduled for a public hearing. Recommendation from the Planning and zoning Commission that City Council receive it proposed amendments to the Comprehensive Zoning Ordinance relative to its administration; procedures for initial zonings, re- zonings; amendments; fences and retaining walls; landscaping; signage; that the City Attorney prepare an ordinance and that a date be scheduled for a public hearing. Recommendation from the Engineering Services Depart- ment to approve a Resolution to accept a grant of easement for the construction of a cul-de-sac on the 2800 block of South Emerson as part of Paving District No. 30. Recommendation from the Parks and Recreation Commission to revise the present park shelter reservation program to require that larger groups of park users obtain park permits. Recommendation from the Parks and Recreation Commission as to the usage of the 1985-1986 lottery funds. Recommendation from the Utilities Department to approve an ordinance which will allow the City of A)~ Englewood in accordance with the State Legislature ~ ~ to cla i m all deep acquifer ground water which has (t ~,'l> 0 {1' not been claimed by private interests prior to vi \A}'tll ,J-, y ~ January 1, 1985. '-P'~ h 6. (g) (h) • Recommendation from the Utilities Department to approve Change Order #2 for the Union Avenue water line replacement in the amount of $103,970 and to direct staff to give the contractor, Lillard and Clark, notice to proceed. Recommendation from the Police Department to approve a Bill for an Ordinance amending the Englewood Municipal Code regarding the maximum punishment which can be imposed by the Englewood Municipal Court . • I • • • • • • Page 4 August 19, 1985 12. City Manager's Report. -~ .-« j-t<. ~o ~~ .... ~ .. <X- ~ /2~ Cu.._ -k . 13. 14. 15 • City Attorney's Report. General Discussion. . rh/'~7 /&(~1. MC COWN y Manager AM/sb • (. I . • AGENDA ITEM --- ChJLO '/;J cre-rivu Q~ ~'-fry e~ ~ ,JIJ -' ~u_k-\Loy OLw {?~ Q~lJ (_, ttp J • • • PRESENTED BY ----- cJj) --;/d,(11li " ,l 0 -) (l c_ (}_ nA/7Z_ ROLL CAL L Hoved Seconded Ayes Nay Absent Abstain ~av Neal Vobeida Weist -BIIo Bradshaw Otis MOTION: . • I . . • • - ------------------~------~~'--(. AGENDA ITEM -----PRESENTED BY -------------- RO LL CALL Moved Seconded Ayes Nay Absent Abstain -RTQdav "I-' Neal /./""' Vobeida t-- We i s t v- -B l lo I/' Br adshaw v Otis v MOTION: • I • • • • • .. - __________ _,_ ----~'-- ) AGEN DA I TEM 00. . Moved Seconded --v II Hlgda y Ne al Vobe i da Weis t Bllo Br adshaw Otis PRESENTED BY -------- ROLL CALL Ayes Nay Absent Abstain --- --- • (. I • • • • • (. AGE NDA ITEM !Jv--· PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday / Neal / Vobeida -Weist J v Bllo / v Bradshaw / Otis f7 MOTION: I • • • • • • • AGENDA ITEM 8 b PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain ~ay / v Neal / vobe;da Weist I Bi lo / v-Bradshaw / Otis / MariON: I • • • • • - • - AGEN DA ITEM ~ PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent Abstain Htgdav / 1 Neal / Vobeida --Weist 7 {/ Alto / v Bradshaw / I I OtIs I MOT ION: • I • • • • • - < :1 AGEN DA ITEM PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain HIQday / Neal I vobeid a - Weist J , Bl lo / v Bradshaw / Ot i s II MOTION : I • • • • • • - - AGENDA ITEM _..l.b_.f~ti-__ PRESENTED BY ;(f). ftYJ 2 tJ 1?.-t ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlgday Neal vobeida Weist Bi lo --v Bradshaw Otis I • • • • • • • AGENDA ITEM ----PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain 11' llT"gaay 7 Neal / Vobeida - Weist / Bilo / v Bradshaw / Otis I . • • • • • - PRESENTED BY -------- AGENDA ITEM ----- ROLL CALL Ayes May Absent Abstain 1'\oved Seconded , Hlgdav -/ Meal 7 -vobilda wil st -/ -Bi lo 7 Bradshaw -/ Oti s MOTION• I • • • - AGENDA ITEM _!_l_b __ Moved Seconded V' Hlqdav Neal Vobeida Wei s t Bll o v Bradshaw Oti s MOTION: (J.--c f' . ' • • • • ( PRESENTED BY ,;;>(_J () t_ r Yl <l k ROLL CALL Ayes Nay Absent Abstain Pd 3--__) C-A ~ d ~tf If Ch -6 'h...-~ (A1_, ~-z:. I • • • • • AGEN DA ITEM -----PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlclday 7 Neal / Vo be 'd a --Weist I Bi lo 7 Bradshaw / Otis MOTION : I • • • • • • AGENDA ITEM __:...1_/_C=--PRESENTED BY )h (_ 0-u/)') ROLL CALL Hoved Seconded Ayes Nay Absent Abstain H.gaay / v Neal / Vobeida -Wei s t / r Bi lo / Bradshaw / Ot i s MOTION :~) ?.5-/ I • • • • • AGENDA ITEM -----PRESENTED BY 7-h (.. c /U l \.... ROLL CALL Moved Seconded Ayes Nay Absent Ab t I s a n -HToday Neal Vo beid a Weist Bllo Bradshaw Otis MOTION: I • • • • • - AGENDA ITEM _;!_l_o._• __ Yt-~--~~ L-La ~n 'F l'l) -tvA-;d/ t)~O-/ )3uddw_w-[f-'-&-& '""' -o-) rY"'_,;._"'~ lk _ r "-'1 -~ \O<J'-' t__W rr~ "c-v ~;y 71l,_~cu [ -AJ-r rr ~ ~~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday 7 Neal Vobeida -Weist 7 1./" Bllo / v-Bradshaw 7 Otis 1/ MOTION: I . • • • • • AGENDA ITEM -~...!....~.~...:~:=?=---PRESENTED BY l'h~ ~Z.{JJ<.._- ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlgday / Neal / Vobeida -Weist / Bllo / v Bradsh-/ Otis [/ MOTION: ~~ I • • • • • PRESENTED BY lb e_ rn.!/2{ ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlgday ,/ Neal / Vobeida -Weist / Bllo 7 Bradshaw / Otis 1/ MOl'ION: I • • • - • AGENDA ITEM ----- Moved Seconded ./ v MOTION: .A ~-t Hlgday Neal Vobe1da Weist Bllo Bradshaw Otis 6 -t 9 s·. ~u ROLL CALL • • • PRESENTED BY -------- Ayes Nay Absent Abstain / / -I / I I • • • • • • AGENDA I TEM PRESENTED BY ROLL CALL Moved Seconded Ayes Nay Absent Abstain 1goay 7 v Neal / Vobeida -Weist / Bi lo / Bradshaw 7 Otis I ~!OriON: ~<JO J:/..3 ()-> I • • • • • • AGENDA ITEM --....:/--'/'--'--- --, PRESENTE D BY (~~~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain .HTgday / Neal / Vobe1da -Wei s t I ·v B l lo / v Bradshaw / Otis MOTION: I • • • • • • - AGENDA ITEM ----PRESENTED BY ------ )-:f ai ~~1Lw.L->tfo !>\ C..-u'<I ~~ ~~ (j_~~ :b -1-P~ ~l ~1-'-~ -_M..t ;6 M t Ct-u -'1-~ i:o clo '1/~~-'ik "-<:f' (J}-o;_, ft'"J }-etku /IV-: ~tO<kA ~J-~~ ~ ~ p -//~ ~ ~~-,e;b.-o~ ~~~~/.Lnu f &1{.-vYJ:Ltv-.- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgc:lav Neal Vobeida Weist Bllo Bradshaw Ot i s MOTION: • • I . • • • • • AGEND A ITEM / ~ PRESENTED BY a .~(·Llj_J ~ "/J ~~~ ~ ~~ J~~ IY ~ ROLL CAL L ( --&{_; ~ Moved Seconded Ayes Nay Absent Abstain Hlgday Neal Vobe;da Weist Bl lo Bradshaw Otis MOriON: I • • • • • AGENDA ITEM -~-~---PRESENTED BY a~ ROLL CALL Hoved Seconded Ayes Nay Absent AbstaIn Hladav Neal Vobe'ida Weist Bllo BradshliW Otis MOTION: I • • • AGENDA ITEM ____:_~_~_.:.__-- Hoved Seconded v HTgday Neal Vo be i da Welst v Bllo Bradshaw Otis MOTION:. ~r d ll\ 1 .) t~ r/7'--- ROLL CA LL • • • PRESENTED BY (~ Ayes Nay Absent Abstain / / -- / / 1/ I • • • • • AG ENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlg<lay Neal / Vobeida Weist J ..--Bllo / v Bradshaw / Otis -d MOTION: I • • • • • • • AGENDA ITEM PRESENTED BY ---------- ROLL CALL Moved Seconded Ayes Nay Absent Ab t I s a n HTQifav / r Neal / Vobeida -Weist I Bi lo / v Bradshaw / Otis I MOTION= at ~1-(.)_ ; ~~ ;b ;t9-J-c4 1 L L'/ "J-L L !l • ..r-:t--!CL.<, te~:t __,< i " ... _:__ ~ r: ~-4 -t 0 • I • • • • - AG ENDA I TEM PRESENTED BY ----------- )it nh dJ (Ju»'LAIL--lb-0 }va__k_ q, (p -f~~ ~yoA-'f{~ r &LvkdJ d ~ /3zto (T ~ ROLL CALL Moved Seconded {yl u.rv--J~__,_/. Ayes Nay Ab sent A bstaln Hlq<lav y Neal Vobeida Weist 8i lo y Bradshaw Otis MOTI ON: /1 ~ 2 ~ ll r;; ( C!. ~~ • I I • • • • • AGENDA ITEM -----PRESENTED BY -------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain -HT<Idav / Neal / Vobeida -Weist / Bi lo / Bradshaw / Otis MOTION: I • • • • • • AGENDA ITEM PRESENTED BY ------- ROLL CALL Moved Seconded Ayes Nay Absent Abstain v Hlgday v Neal Vobe1da Wei s t Bi lo Bradshaw Ot i s MOTION: I • • • • • - AG ENDA ITEM -----PRESENTED BY -------- ~J-fib J~a: w/o ~ ~1'~-~ ROLL CALL Moved Seconded Ayes Nay Absent Abstain Hlgday / NeaT / Vo be da / Weist / Bllo / Bradshaw / Otis MOTION: • • I • • • • • AGENDA ITEM ----- PRESENTED BY -------- ROLL CALL Ayes Nay Absent Moved Seconded Abstain t11QC!av v Neal / Vobe;da - We st Bllo / v Bradshaw / Otis MOTION: fi L('-Y'-it I b I • • • • - • - AGENDA ITEM-----PRESENTED BY ------- ROLL CALL Hoved Seconded Ayes Nay Ab sent Abstain HlqOay Neal Vobeida Weist Bi lo v Bradshaw Otis I . • • • • • • AGENDA ITEM ----P RESENTED BY ------ ~~-fr'-6 ~o»L=--~ ~ ~ -i ~i:U-v ---p-.-.. r ~~ ~--~· Moved Seconded Ayes Nay Absent Abstain HIQdav Neal Vobeida Wei s t Bllo Brad sh aw Ot is MOTION: I . • • • REGULAR MEETING: • • - COUNCIL CHAMBERS City of Englewood, Colorado August 5, 1985 The City Council of the City of Englewood, Arapahoe County, Colorado, met in regular session on August 5, 1985, at 7:30 p.m. Mayor Otis, presiding, called the meeting to order. The invocation was given by Council Member Higday. The pledge of allegiance was led by Boy Scout Troop tl5l. Mayor Otis asked for roll call. Upon a call of the roll, the following were present: Council Members Higday, Neal, Vobejda, Bilo, Otis. Absent: Council Members Weist, Bradshaw. The Mayor declared a quorum present. * * * * * * * Also present were: City Manager McCown Assistant City Manager Vargas City Attorney Olsen Fire Chief Broman Assistant Director of Community Development (Planning) D. Romans Deputy City Clerk Owen * * * * * * * COUNCIL MEMBER NEAL MOVED TO APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 15, 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, Otis. Nays: None. Absent: Council Members Weist, Bradshaw. The Mayor declared the motion carried . • * * * * * * • I • • August 5, 1985 Page 2 • • • Mr. William King , 3784 South Poplar Street, presented a request to develop proper ty at 3319 South Clark son i nto six-2 bedroom apartments. Mr. King stated the concept wa s not permitted under the current zoning. However, Mr. King asked for spec ial consideration because his plan a ppeared to be compat ible with other d evel opments in the surrounding area . Council Member Neal asked that this topic is on the next study s es sion agenda. * * * * * * * Mayor Otis asked if there were any other visitors at this time wi shing to speak on any subject. Gerry Venard, Cha i rman of the Planning and Zoning Commission came forward. Mr. Ven a rd spoke regard i ng the referendum of trash pick up proposed to be placed on the ballot for the general municipal election. Mr. Venard stated it was inappropriate to take the matter to the voters at this time because they would not understand the issue. Mr. Venard requested postponment until the Pl a nning and Zoning Commission could study the matter a nd respond. Mr. Ven ar d stated Mr. George Allen of the Planning and Zoning Commission wa s chairman of a subcommittee set out to study the question. George Allen, 2799 South Downing, came forward. Mr. Allen related his concerns on this matte r, and also requested time to study the trash quest io n for presen tation to Coun ci l. Council Member Bile r e ferenced a memorandum from City Attorney Olsen concerning the i ssu e of antitr ust and t he trash pick up matter, and approved that a c opy b e made for Mr. All e n. William Beier, 3167 South Bannock, a member of the Plann i ng and Zoning Commission, came forward . Mr. Beier supported the comments of Messrs . Venard and All en . Mr. Beier stated the issue would be defeated if placed on the ballot . Thad Carson , 3990 South Jason, a member of the Plann ing and Zoning Commission, came forward . Mr. Carson stated a subcommittee of the Commission had been established for the purpose of studying the trash problem. Mr. Carson asked that Council postpone thi s ba llot question until Plann ing and Zoning had made its recommendatio n. COUNCIL MEMBER BILO MOVED TO BRING FORWARD CONSENT AGENDA ITEM 9 (I) -ORDINANCE SUBMITTING TO A VOTE THE QUESTION REGARDING THE MEANS OF RESIDENTIAL TRASH PICKUP IN THE CITY . Council Memb er Vob ejda seconded the motion. Upon a call of the roll , the vote resulted as follows: • I • • - • August 5, 1985 Page 3 Ayes: Nays: Absent: • • • Council Members Higday, Neal, Vobejda, Bilo, Otis. None. Council Members Weist, Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 BY AUTHORITY COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985 A QUESTION REGARDING THE MEANS OF RESIDENTIAL TRASH PICKUP IN THE CITY. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 54, SERIES OF 1985 , ON FINAL READING. Council Member Bilo seconded the motion. Council Member Neal stated the question was reasonable to pose to the citizens. Mr. Neal stated passage would be within the timeframe for getting the question on the ballot. Mr. Neal stated the real issue was should there be universal trash pickup or should the City allow certain people not to contract for their own pickup and create the kinds of problems Mr. Allen alluded to. If universal trash pickup was decided upon , Mr. Neal stated the next question would be whether it should be privately contracted for by the City. Mr. Neal stated he tried to set the conditions for the City to go ahead if the study found it to b e effective to contract for pickup services. Mr. Neal stated he trusted the people to make the wise decision i n 90% of the instances . If the people's answer was no, he felt there would be plenty of opportunities in the future for the City Council or the Pl a nning and Zoning Commission to bring it back to the people. Council Member Higday admitted there needed to be something done about the trash problem. He stated the issue would be defeated if placed on the ballot at this point in time because there had not been adequate time to study the issue and publish information about it . Mr. Higday was in favor of giving Planning and Zoning s tudy time. Mr. Higday stated Council could make the decision on whether a study should be performed without going to a vote of the citizens. Mr. Higday stated this question would be confusing. When asked by Council Member Bilo, City Attorney Olsen stated the Council could study any issue at any time . As he understood Mr. Neal's position, the scope of the study would be extensive. Mr. Olsen I • • • August 5, 1985 Page 4 .. • • .. stated a Council Member would be within his rights of authority and responsibility to ask the citizens about it before spending the money. But, Mr. Olsen stated the question need not be a ballot question. Council Member Vobejda stated he was in favor of not voting at this time. Mr. Vobejda wanted to ascertain more facts to get the full impact of the issue. Mayor Otis stated in some ways he agreed with Council Member Neal but Council has agreed to meet with Planning and Zoning sometime after August 27th on this topic; and therefore, felt the matter should be postponed until after that meeting. Upon a call of the roll, the vote resulted as follows: Ayes: Council Member Neal. Nays: Council Members Higday, Vobejda, Bile, Otis. Absent: Council Members Weist, Bradshaw. The Mayor declared the motion defeated. * * * * * * * COUNCIL MEMBER VOBEJDA MOVED TO ACCEPT WITH REGRET THE RESIGNATION OF GERRY VENARD FROM THE PLANNING AND ZONING COMMISSION. Council Member Bile seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bile, Otis. Nays: None. Absent: Council Members Weist, Bradshaw. The Mayor declared the motion carried . • * * • * • • COUNCIL MEMBER VOBEJDA MOVED TO PASS A PROCLAMATION DECLARING THE WEEK OF AUGUST 12-16, 1985 AT "SOCIAL SECURITY WEEK." Council Member Higday seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bile, Otis. Nays: None • • I • • • • • August 5, 1985 l Page 5 • Absent: Council Members Weist, Bradshaw . The Mayor declared the motion carried. * * * * * * * Council acknowledged receipt of a letter from the Municipal Court Administrator concerning the proposed ordinance on restitution . * * * * * * * Consent Agenda items were: (a) (b) (c) (d) (e) (f) (g) (h) Minutes of the Parks and Recreation Commission meeting of May 9, 1985. Minutes of the Liquor License Authority meeting of May 29, 1985. Minutes of the Public Library Advisory Board meeting of July 9, 1985. Ordinance on final reading amending the City's industrial waste pretreatment program in order to comply with federal requirements and to recognize that the Englewood sewer service received treatment from the Metro Denver Sewage Disposal District No. 1. Ordinance on final reading requiring restitution to be paid by defendants found guilty of damaging or destroying personal property or of causing bod ily injury or other damages to their victims. Ordinance on final reading approving Southgate Sanitation District's Supplement 1106 to annex approximately 10.4 acres to the District. Ordinance approving a bus shelter agreement between the City of Englewood, Colorado and the Regional Transportation District for a bus shelter on the west side of South Broadway at West Hampden Avenue. Ordinance on final reading approving an amended maintenance contract between the City of Englewood and the Colorado State Highway Department to increase the City's fees for the maintenance of traffic control devices • • I • • • August 5, 1985 Page 6 ( i) • • .. Ordinance submitting to a vote of the qualified electors of the City of Englewood at the General Municipal Election to be held on November 5, 1985 a question regarding the means of residential trash pickup in the City. COUNCIL MEMBER NEAL MOVED TO ACCEPT CONSENT AGENDA ITEMS 9 (A) - 9 (I) EXCEPT 9 (E) AND 9 (1). Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bilo, Otis. Nays: None. Absent: Council Members Weist, Bradshaw. The Mayor declared the motion carried. Consent Agenda item 9(d) was numbered Ordinance No. 43, Series of 1985; 9(f) was numbered Ordinance No. 44, Series of 1985; 9(g) was numbered Ordinance No. 45, Series of 1985; and 9(h) was numbered Ordinance No. 46, Series of 1985 . ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY * * * COUNCIL BILL NO. 44 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE REQUIRING RESTITUTION TO BE PAID BY DEFENDANTS FOUND GUILTY OF DAMAGING OR DESTROYING PERSONAL PROPERTY OR OF CAUSING BODILY INJURY OR OTHER DAMAGES TO THEIR VICTIMS. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 44, SERIES OF 1985 , ON FINAL READING. Council Member Bilo seconded the motion. COUNCIL MEMBER NEAL MOVED TO AMEND COUNCIL BILL NO. 44, SERIES OF 1985 BY AMENDING 1 -20.5-l (A) IN THE NEXT TO LAST SENTENCE BY STRIKING THE WORDS "AND NOTARIZED"; AND BY AMENDI NG l-20.5-1 (E) BY CHANGING "AS" TO "HA S ." Council Member Bilo seconded the motion. Upon a call of the roll , the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bilo, Otis. Nays: None . Absent: Council Members Weist, Bradshaw. I • • - ( • • August 5 , 1985 Page 7 • • • Th e Ma yor declared the amendme nt c a rr i ed. Upon a call of the roll, the vo t e o n the original motion resulted as follows: Ayes: Council Members Higd a y, Neal, Vobejda, Bilo, Otis. Nays: None. Absent: Co u nci l Mem bers We i s t , Br a dshaw. The Mayor declared the mo t i on c a rr i ed • ORDINANCE NO. 47 SERIES OF 1985 • • • • BY AUTHOR I TY • • • COUNCIL BIL L NO. 46 I NTRODUCED BY COUNCIL MEMBER BRADSHAW AN ORDINANCE APPROVING MUTUAL AND AUTOMATIC AID AGREEMENT BETWEEN THE FIRE DEPARTMENTS OF THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY OF SHERIDAN, COLORADO, FOR ONE TO AID THE OTHER I N CASES OF GREAT EMERGENCY WH I CH CANNOT BE HANDLED SOLELY BY ONE FIR E DE PARTMENT. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 46, SERIES OF 1985, ON FINAL READ I NG. Council Member Vobe j d a seconded the motion. F i r e Ch ie f Broman c a me forward t o answer q u est i ons from Counc i l Memb e r Hi gd a y, a nd to speak in favor of the b i l l . Upon a call of the r o ll , the v o te result ed a s follo ws: Ayes: Council Members Higday , Neal , Vobejda , Bile , Otis . Nays: None. Absent: Council Members Weist, Bradshaw. The Mayor declared the motion carried . • • • • • • • Dorothy Romans , Assistant Director of Community Development (Planning), presented a recommendation to approve a bill for an ordinance amending the Comprehensive Zoning Ordinance regarding auto and • I • • - • August 5, 1985 Page 8 • • • recreational vehicle sales and lease lots; gas and oil service stations; and adding other development requirements. ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. 50 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ENGLEWOOD, COLORADO, BY REPEALING SECTIONS 16.4-12 C (4) AUTOMOBILE SALES OR LEASE NOT INCLUDING COMMERCIAL VEHICLE WRECKING, DISMANTLING OR JUNK YARDS; 16.4-12 C (8) GASOLINE AND OIL SERVICE STATIONS; 16.4-12 C (10) MOTOR VEHICLE SALES OR LEASE; 16.4-2 C (14) RECREATIONAL VEHICLE SALES OR LEASE TO INCLUDE BOATS, TRAILERS, MOTORCYCLES AND OTHER RECREATIONAL VEHICLES; AND ADDING NEW SECTIONS 16.4-12 E (2) SALES LOTS FOR NEW AND USED AUTOMOBILES, MOTOR VEHICLES, RECREATIONAL VEHICLES, BOATS, TRAILERS, OR MOTORCYCLES; AND 16.4-12 E (3) AUTOMOBILE SERVICE STATIONS AND ADDING SECTION 16.4-12 G (2) DEVELOPMENT REQUIREMENTS, SETBACKS. Council Member Higday noted the ordinance excluded certain restrictions that he thought were important; and therefore, COUNCIL MEMBER HIGDAY MOVED TO TABLE COUNCIL BILL NO. 50, SERIES OF 1985, UNTIL THE NEXT MEETING. Council Member Neal seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bilo. Nays: Mayor Otis. Absent: Council Members Weist, Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER VOBEJDA I • ( • August 5, 1985 Page 9 • • • AN ORDINANCE VACATING MIRAMONTE ROAD RIGHT-OF-WAY AND OBTAINING A 20-·FOOT-WIDE WATER EASEMENT IN MIRAMONTE SUBDIVISION AND PROPERTY ADJOINING ON THE EAST. COUNCIL MEMBER VOBEJDA MOVED TO PASS COUNCIL BILL NO. 55, SERIES OF 1985, ON FIRST READING . Council Member Bilo seconded the motion. Upon a call of the roll , the vote resulted as foll o ws: Ayes: Council Members Higday, Neal, Vobejda, Bil o , Ot i s. Nays : None . Absent: Council Members Weist, Bradshaw. The Mayor declared the motion carried. ORDINANCE NO. SERIES OF 1985 * * * * BY AUTHORITY A BILL FOR * * * COUNCIL BILL NO. 40 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE AMENDING TITLE VII, CHAPTER 2, SECTIONS 3 AND 4, ENGLEWOOD MUNICIPAL CODE 1985, PROVIDING FOR THE DISPOSITION OF CONTRABAND PROPERTY SEIZED BY THE ENGLEWOOD POLICE DEPARTMENT AND PROCEDURE FOR SALE. Police Chief Holmes presented the bill, and stated the bi ll wo uld bring the City in compliance with state statute. COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. 40, SERIES OF 1985 , ON FIRST READING. Council Member Bilo seconded the motion . Upon a call of the roll , the vote resulted as follows : Ayes: Council Members Higday, Neal, Vobejda, Bilo, Otis. Nays: None. Absent: Council Members Weist, Bradshaw. The Mayor declared the motion carried . * * * * * * * BY AUTHORITY • I • ( • August 5, 1985 Page 10 ORDINANCE NO. SERIES OF 1985 A BILL FOR • • • COUNCIL BILL NO. 49 INTRODUCED BY COUNCIL MEMBER HIGDAY AN ORDINANCE REPEALING AND RE-ENACTING TITLE VII, CHAPTER 6, SECTION A, SUBSECTION 4, ENGLEWOOD MUNICIPAL CODE 1985, RELATING TO HARASSMENT. Police Chief Holmes stated this council bill changes and makes sections of the Code relating to harassment constitutional. COUNCIL MEMBER HIGDAY MOVED TO PASS COUNCIL BILL NO. 49, SERIES OF 1985, ON FIRST READING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bilo, Otis. Nays: None. Absent: Council Members Weist, Bradshaw. The Mayor declared the motion carried • • * • • • • • City Manager McCown presented a resolution accepting a grant of easement from Richard T. Bickhard Jr. and Marjorie J . Bickhard for street purposes in construction of a cul de sac on Emerson Street as part of Paving District No. 30. City Manager McCown stated the expense would be split between Mr. Bickhard and the City. Council Member Neal stated he recalled the cost for this work was to be the expense of the property owner. COUNCIL MEMBER NEAL MOVED TO TABLE THE RESOLUTION UNTIL THE NEXT COUNCIL MEETING. Council Member Bilo seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bilo, Otis. Nays: None. Absent: Council Members Weist, Bradshaw. The Mayor declared the motion carried • • • I • • - ( ( • August 5, 1985 Page 11 • • • Council Member Neal asked for a transcription of the section of th e public hearing on the subject block of 2800 South Emerson and also for a report from the City Manager on the cost. RESOLUTION NO . 29 SERIES OF 1985 * * * * * * * A RESOLUTION AMENDING AGREEMENT WITH MOTOR CRANE SERVICE CO. DATED SEPTEMBER 6, 1977 ACCORDING AN EASEMENT ACROSS CERTAIN PROPERTIES TAKEN BY ENGLEWOOD WHEREBY LOCATION OF SAID EASEMENT IS CHANGED. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 29, SERIES OF 1985. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bilo , Otis. Nays: None. Absent: Council Members Weist, Bradshaw. The Mayor declared the motion carried. RESOLUTION NO. 30 SERIES OF 1985 * * * * * * * A RESOLUTION AMENDING THE PUBLIC IMPROVEMENT FUND. COUNCIL MEMBER BILO MOVED TO PASS RESOLUTION NO. 30 , SERIES OF 1985. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bilo, Otis . Nays: None. Absent: Council Members Weist, Bradshaw. The Ma yor d ecla red the motion carried. * * * * * * * • I • • ( ( ( • August 5, 1985 Page 12 • • • City Manager McCown presented a recommendation from the Finance Department to approve an award of bid to finance a new fire pumper to Jinco Leasing Corporation for a total cost of $125,235.64, and to authorize the City Manager to enter into a lease/purchase contract. COUNCIL MEMBER NEAL MOVED TO ACCEPT THE LOW BID FROM JINCO LEASING CORPORATION FOR THE AMOUNT OF $125,235.64, AND TO AUTHORIZE THE CITY MANAGER TO SIGN THE LEASE /PURCHASE CONTRACT. Council Member Vobejda seconded the motion. Upon a call of the roll, the vote resulted as follows: Ayes: Council Members Higday, Neal, Vobejda, Bilo, Otis. Nays: None. Absent: Council Members Weist, Bradshaw. The Ma yor declared the motion carried • * * * • • • • Counci l Member Neal asked for an update of Swedish's request to withdraw from Paving District No. 30. City Manager McCown stated the Board meets the last of August and officials at Swedish stated the Board probably would accept the City's counteroffer. • • • • • • • Council Member Neal presented a proposed amendment to the Charter that would preserve R-1-A and R-1-B single-family residential districts, and provide for review the R-1-C areas every 10 years . ORDINANCE NO. SERIES OF 1985 BY AUTHORITY A BILL FOR COUNCIL BILL NO. DRAFT 18 DATED AUG UST 8/2 /85 INTRODUCED BY COUNCIL MEMBER NEAL AN ORDINANCE SUBMITTING TO A VOTE OF THE QUALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985 A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD GOVERNING CERTAIN CHANGES IN THE ZONING IN RESIDENTIAL NEIGHBORHOODS OF THE CITY AND LIMITING SUCH CHANGES TO A VOTE OF THE PEOPLE WITH THE CONCURRENCE OF THE CITY COUNCIL. • I • - • ( • August 5, 1985 Page 13 • • • COUNCIL MEMBER NEAL MOVED TO PASS COUNCIL BILL NO. DRAFT t8, DATED AUGUST 8/2/85, SERIES OF 1985, ON FIRST READING. Motion died for lack of a second. Mayor Otis stated he agreed with Council Member Neal on the intent of this bill. However, he felt committed to discuss the matter of this council bill with the Planning and Zoning Commission before taking any further Council action. Council Member Higday asked City Manager McCown to make sure the subject was placed on the agenda for the meeting with Planning and Zoning. Council Member Higday promised Council Member Neal the issue would not die--it may not turn out exactly as Mr. Neal has proposed--but it would not die. Council Member Bile supported Council Member Higday and Mayor Otis. Mr. Bile stated the use of the City Charter was not the appropriate way to control single-family zone districts. The control should be in the strength of the Comprehensive Zone Plan and ordinances. Mr. Bile commended Mr. Neal for initiating this important issue. * * * * * * * Council decided to withhold the council bill regarding regulating landlords and rent until Mayor Pro Tern Bradshaw was available to comment. * * * * * * * There was no further business at this time, COUNCIL MEMBER HIGDAY MOVED TO ADJOURN. Mayor Otis adjourned the meeting at 9:41 p.m. without a vote. '~puty City Clerk I / • I • • • • • • P R 0 C L A M A T I 0 N WHEREAS, citizens and visitors of Colorad o are conc-t'rn e d n b o ut th e b e auty of the mountains, countr y s i d e and city nt'i<Jhborho o ds; and Wllt::REI\S , r e cycling protects the environme nt, con-s ~rv 0s v~lu a b]P n a tur a l r e sources, saves precious energy and r e Juc-es landfill requirements while providing a,!ditionnl in comt• t o ch a rities, civic organizations, nonprofit <Jlou ps , chur c h es , and individuals; and WHEREA S , th e St a t e of Colorado has one of t h e most succ e ssful a nd r x tP n sive r ecy c ling programs in th e n a tion; a nd WIIF.REAS , Rc>c-ycle No w! is a statewide Co lo r a d o org a n i z atio n which promot0s r ecyc l i n g b y mea ns o f a q ua rt e rly n e wsl e tt r, public se r vic(' a nn ou nceme n t s, toll-fr ee i nfor- mation h otlin , annual recycli n g s ur vey, the annual Color a d o R cycling Direct o ry , p romot ion a l pro j ects, p ress r e leas s a n d ducational s rvices ; a n d WHCR£AS , will not on l y r due also pro vide emplo}~ economy and save tax h impac of Recyc l e Now!'s effo r ts li t r and solid wast e , b ut will n oppo r unities , aid t he s tate's doll'\rs . NOW, THEREFORE , I , EUGENE L. OTI S, Mayo r of the City of Eng l ew ood , Colo r ado , do he r e b y procla im t h month of October, 19 8 5 a s CO LORADO REC YCLI NG MONTH. GIV EN u nd e r my h a n d a n d s eal t hi s 1 9t h d ay of August , 1985 . • I • • - • • • • • P R 0 C L A M A T I 0 N WHEREAS, citiz ens and visitors of Colorad o are concc rn.,_•d about the be a uty of the mountains , coun tryside and city n Pi<Jhbo rho ods ; and Wi!EI<EA S , r ecycling protects the environm nt, con-S<'rv,,~, v :llu ob l o; n atu r a l r es ources , saves precious energy and reJuces landfill requirements while prov iding additiona l incom,• to charities, civic organizations, nonprofit gtoup s , chu r ch s , and individuals; and WHENEAS, th 0 St a t of Colorado has one of the most successful a nd c x t~n slve r e cycling programs in th e n a tion; a nd Wll r:NE/\S , R0cycle Now! is a statewide Co lorado org anization wh ich promot0 s recycling by means of a q uarterly newslett e r, public service an nounceme nts, toll-free infor- mation hotlin 0 , annual recycling survey, the annual Colorado Recycling Direct o ry, promotional projects, press releas es and educational s e rvices; and WHCR EAS, th e impact of Recycle Now! 's efforts w ill not only r e duce litter and sol id waste, but will al so pro vid emplo}~ent opportunities, aid the state's economy and save tax dollars . NOW , THEREFORE , I , EUGENE L. OTIS, Mayor of the City of Englewood, Colorado, do hereby proclaim the month of October, 1985 as COLORADO RECYCLING MONTH. GIVEN under my hand and seal this 19th day of Augu st, 1985. EUGENE L. OTIS, Mayor • I • • • • • • P R 0 C L A M A T I 0 N WHCREAS, the Constitution of th e United Sta es of Am rica qives us the foundation for a free , prosperous and independ~nt life for every citizen , but each g ene ration, in turn , must work for and claim it ; o herwise , t h rough care- lessn ess or indifference , the rights and liberties we have enjoyed may vanish; and WHEREAS , it is of the greatest consequenc e that the citizens fully understand he pro vi sions and principles contained in the Constitution of the United States of America in order to be ab le to su.port it properly as --"T he greatest docum nt for human liberty in two thousand years of recorded history ;" and WHEREAS , the people of the United States should be deeply grateful to their Founding Fathers for the wisdom and foresight they displa yed in writing and adoptin the Constitu ion , and WHCREAS , th e ind pend nc~ granted to the American Peopl to enjoy such freedom 2nd lioerty , unknown to any o h r country , should be c 1 bra ed by appropriate c remonies and ac i vities durina Constitution Week , September 17 hrough 23, as d sig~a ed by procla .a 1on of he President o: h e Un1 ed States of A~erica . ~OW, THEREFORE, I, EUGE~E L. OTIS, Mayor of th Ci y of Englewood , Colorado , do hereby proclaim th week of Sep ember 17 through 23, 1q95 , as CONSTITUTION WECK and urge all citizens o s udy and Constitution , to express ratitude for th privilege of Amer1can citizenship in our Republic functioning under he superb body of laws -h Constitution of the Un i ted Sta es of America. GIVEN under my h a nd and sea l this 19th day of August, 1985. ~"'-J-7~ --~~1fayor I • - • • • • P R 0 C L A M A T I 0 N WHBR EAS, the Const itu tion of th e United Sta es of America gives us the f oundat ion for a free , prosperous an d independent life for every ci tiz en , but each generation , in turn, must wo rk for and claim it; otherwis e , through care- l essness or indifference , th e rights and liberties we have enjoyed may vanish; and WHEREAS, it is of th e great es t cons equence that the citizens fully und e rstand th e provisions and principles contained in the Con stit ution of the United States of Am e ric a in order to b e able to support it properly as --"Th e greatest document for human liberty in two thousand years of r ec or ded history;" and WH EREAS , the people of the United States should be de eply grateful to their Founding Fathers for the w i sdom and foresight they disp layed in writ ing and adopting the Constitution, and WHEREAS, th e ind epe nden ce g ranted to the American Peopl e to enjoy suc h freedom and libe rty, unknown to any other country , s hould be c lebrated by appropr ia te ceremonies and activities during Constitution Week , S ep t embe r 17 throug h 23 , as d signa Ed by proclama tion o f t he President of the United S tates of A~erica . NOW, THEREFORE , I , EUGENE L . OTIS, Mayor of the City of Englewood , Colorado , do hereby proclai m th week of September 17 through 23, 1985 , as CONSTITUTIO N WEEK a n d urge all citizens to study and Cons itution, to express gratitude for th privilege of Am e rican citizenship in our Republic functioning under the superb body of laws -he Constitution of th Un i ed States of America . GIVEN under my hand and seal t h is 19th day of August , 1985 . • I • • - • • • • • • M E M 0 R A N D U M To : From: Date: Subject: Mayor Otis and Members of City Council Thomas J. Burns, Chairpe~ Englewood Housing Au ·ty August 14 , 1985 Proposed Ag r eem ent between the City of Englewood and Englewood Housing Aut ho rity We are enclosing the final copy of the agreement establishing responsibilities for the Englewood Housing Authority and the City of Englewood. This agreement was approved by the Housing Authority Board of Commissioners at our last regular meeting on July 31, 1985. We request your review and consideration at your earliest convenience. TJB/AMF/CMP enclosure • I • • • • .. PROPOSED AGREEMENT ESTABLISHING RESPONSIBILITIES BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY 1. Program Responsibilities and Coord i nation a. The Authority is responsible for the admin- istration of the public housing, Sect i on 8, Sect i on 8 -Existing, and AARP programs and other programs which may be approved from time to time in the Authority work program . b. The Authority and City will share in the administration of the Community Development Block Grant (CDBG) Housing Rehabilitation Program. The specific duties of staff members are outlined in the personnel section. The decision of whether to apply for additional Community Development Block Grant funds for housing rehabilitation rests with the City Council. c. The Auth or ity will continue its present responsibilities for the CDBG Housing Rehabilitation Program related to bank agreements and the loan review committee. The Author ity Director will involv e the Community Development Director in all policy ma tters affecting the Hous ing Rehab ili tation Program. d. The Autho r ity will consult with the City through the Community Development Directo r on issues affecting the CDBG pr ogram such as other grant programs prior to applicatio n. The Community Development Director th rough t he City Mana ger will keep the City Council current on Au thority matters . e. On an annual basis , during the City budget process, the Authority will prepare a request for funding from the City and for the rendering of in kind services and submit these to the City Council for consideration. Said request will illustrate the manner in which City funds and services will augment the goals and objectives of the Authority for the next year . The Authority will confer with City Council regarding the goals and objectives of the I • • - • • • • • Authority on an annual basis with the objective of coordinating the housing goals of the Authority and the City. The City reserves the right to approve or disapprove the Authority request for funding and the use of in kind services on a year to year basis. 2. Personnel a. The Authority will fund all Englewood Housing Authority positions. b. The Authority will hire its Executive Director with City involvement in the selection process. The Authority Director will report directly to the Commissioners for all Authority activities with the exception of the Community Development Block Grant Programs. c. The City will fund the salary and benefits for the Housing Rehabilitation Supervisor and Housing Division Secretary. The Housing Division Secretary will have exempt status. All CDBG positions will be funded by the City based on annual grant appropriations . d. The Authority will pay for the salary and benefits package of all employees other than those listed in (c). e. The City Community Development Director will supervise the work of the Authority Director for the administration of the CDBG Housing Rehabilitation Program and the Housing Division Budget. f. The Authority Director will supervise the day to day work of the Housing Rehabiliation Supervisor, Secretary, CDBG funded Housing Rehab i l i tation positions. Any problems with these e mployees will be brought to g. the a t t e ntion o f the Community Dev e lopment Dir e ctor. The Author i ty will supervise the work of the Author i ty Director for all other programs. • I • • • • • • h. The Authority Director will prepare written evaluations of the staff members listed in (e) twice a year and will rev i ew these evaluations with the Community Development Director prior to reviewing them with the staff member. i. The Authority will prepare semi-annual written evaluations of the Englewood Housing Authority Director after consultation with the Community Development Director regarding the administration of the CDBG program. A final written evaluation as prepared by the Englewood Housing Authority will be submitted to the Community Development Director. If problems arise, the Community Development Director and the Authority Commissioners will immediately meet to resolve the problem. If the problem is not resolved, and the Community Development Director does not feel the Authority Director is properly administering the CDBG Program, the Community Development Director may recommend to the City Manager and City Council that this agreement be amended to remove the administration of the CDBG Program from the responsibilities of the Authority Director. j. The City will provide payroll services for all City, CDBG and Authority funded positions at no charge. k. The Authority Director will attend Community Development Department -Division Head Staff Meetings as listed by the Community Development Director and will keep the Community Development Director informed of general activities and programs of the Author ity . 3. Adminis trative Services The City, through various departments, shall provide certain administrative services, and the Authority shall adhere to the adminis- trative rules and regulations of the City. Services include the follo wing: • I • • • • • • a. Office Space -The City will provide office space for CDBG and Authority funded positions, and if possible, office space for other Authority positions at no charge. If the City plans to reduce the office space pre- sently available for Authority positions, the City will provide 60 days notice to the Authority. b. Accounting -The City will provide general accounting services for the CDBG-funded programs in accordance with City procedures. The Authority is responsible for providing accounting services for all of the Authority housing programs. The City will prov i de the necessary work papers for the EHA to complete the audit of the CDBG housing rehab program. The City will pay for the cost of that portion of the EHA audit. c. Procurement -the Purchasing Division of the Finance Department shall procure all materials and supplies necessary for the implementation of the CDBG-funded Housing Rehabilitation programs and other Housing Division activities. The Authority is responsible for procuring materials and supplies for all other programs. d. Personnel -The City will continue to assist as needed in the hiring process for the Englewood Housing Authority positions. All EHA employees will be hired on a con- tract basis with the EHA. e. Vehicle Maintenance -The City will provide vehicle ma in tenance, gasoline and oil for all Authority vehicles through the City Ser vice nter for a monthly fee as established by the City . f. Insurance -The City will provide public liability coverage for the Englewood Housing Authority Commissioners and staff. The City will provide EHA em ployees with medical, dental , and life ins ur ance identical to that provided for City employees. On a monthly basis the EHA will reimburse the g. City for the actual cost per employee. Legal Services -The City will provide legal services for the CDBG-funded housing rehab program. • I • • • • • • 4. Agreement Renewal This agreement will be renewed automatically year to year when the City Council approves by Resolution the annual Authority proposal for the use of City funds and in-kind services. The process for this review is outlined in 1 (e). 5. Agreement Termination This agreement may be terminated by either party with thirty (30) days written notice. • I • • ) • CALL TO ORDER • • • ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS REGULAR MEETING Wednesday, April 24, 1985 The regular meeting of the Englewood Housing Authority was called to order at 7:10p .m., April 24, 1985 at Simon Center, 3333 South Lincoln Street, Englewood, Colorado, 80110. I. ROLL CALL Members Present: Also Present: Mr. T. Burns, Chairman Mrs. E. Beier, Vice-Chairman Mrs. V. Lash, Member Ms. B. Bradshaw, Member Mrs. C. Peterson, Member Ms. L. Knopinski, Acting Executive Director, EHA Ms. M. Ryan, Housing Division Ms. C. Pritchard, Recording Secretary Ms. J. Grimmett, Rehab Financial Specialist Mr. R. Short, Rehab Supervisor II. READING AND APPROVAL OF MINUTES FROM MARCH 27, 1985 MEETING The Board noted a typographical error on page 1 of the March 27, 1985 minutes. MOTION IT WAS MOVED BY MRS. BEIER THAT THE MINUTES OF THE MARCH 27, 1985 MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS BE ACCEPTED AS CORRECTED. MRS. PETERSON SECONDED THE MOTION. AYES : Burns, Bradshaw, Lash, Beier, Peterson NAVES : None The Chairman declared the motion carried. • I . • • Englewood Housing Authority Board of Commission ers Regular Meeting April 24, 1985 Page two • • • DISCUSSION ITEMS, MOTIONS AND RESOLUTIONS Post Tensioning System: Brady Corporation and VSL Corporation have both responded to Ms. Knopinski 's letter threatening legal action if they did not contact her for discussion of the problem. Ms. Knopinski went on to generally update the Board with what had trans-pired during the past month. Rehab of Misener Residence: MOTION IT WAS MOVED BY MRS. PETERSON THAT THE BOARD APPROVE A 50 % GRANT/50 % DEFERRED LOAN TO THE MISENER FAMILY FOR THE REHABILITATION OF THEIR RESIDENCE. MS. BRADSHAW SECONDED THE MOTION. AYES: Burns, Beier, Lash, Peterson, Bradshaw NAYS: None The Chairman declared the motion carried. MOTION IT WAS MOVED BY MS. BRADSHAW THAT THE MISENER FAMILY BE ALLOWED TO OCCUPY ONE OF THE ARRP UNITS UNTIL SUCH TIME AS REHABILITATION OF THEIR 31 26 SOUTH BANNOCK STREET HOME IS COMPLETED. MRS. PETERSON SECONDED THE MOTION. AYES: Burns, Lash, Beier, Bradshaw, Peterson NAYS: None The Chairman declared the motion carried. VISITORS: Jeanette Scotland, Special Agent for Northwestern Mutual Life Gene Overturf, Northwestern Mutual Life Gene Overturf, gave a presentation of Pension Benefit Plans available to an organization of the Housing Authority's size. Ms . Scotland, offered several alternative medical, dental and disability • I • • } ({., • • (~ • Englewood Housing Authority Board of Commissioners Regular Meeting April 24, 1985 Page three • • • packages for the Commissioners to choose from for the Housing Authority's staff. Dental and long/short term disability insurance was included in the presentation. While the Board found the presentation informative, they requested further research into the plans offered and information on HMO's offered in the Denver area. Following the presentation of the benefits package the Board began to dis- cuss ideas for their upcoming presentation to City Council. The Board and City Council are to discuss the Board's "Memorandum of Understanding" which was sent to Council in March of 1985. Ms. Bradshaw strongly urged the other Board members to be forthright in what they actually wanted and not "b eat around the bush". Resolution for Deletion of Manual Signature: A resolution was presented listing items which are repetative, but do rou ntinely require monthly payments of over $1,000. Following discussion the Board eliminated office supplies and temporary employee services from the resolution. MOTION IT WAS MOVED BY MRS. PETERSON THAT THE RESOLUTION DELETING THE MANUAL SIG- NATURE REQUIREMENT ON RECURRING CHECKS OF $1,000 OR MORE BE APPROVED AS AMENDED. MRS. LASH SECONDED THE MOTION. AYES: Burn s, Bradshaw, Beier, Peterson, Lash NAYS: None The Chairman declared the motion carried . Mission Statement, Goals and Objectives, 1985-86: Mrs. Peterson explained to the other Board members the procedures that were followed to arrive at the Mission Statement, Goals and Objectives the staff submitted. The Board members felt that there should be some meshing of the staff goals and objectives and those that the Board had developed during their meetings. • I • - • • Englewood Housing Authority Board of Commissioners Regular Me eting Apr; 1 24, 198 5 Page f ou r • • - A discussion of the April 29, 1985 meeting with City Council ensued. The following list of priorities were developed. 1. Executive Director issue settled 2. Keep communication lines open 3. Secretary might be switched to H.A. employee 4. Board proposes to hire their own Executive Director a . Executive Director needs to be included in all Department Head meetings. 5. Housing Authority will pay the entire salary for the new Executive Director. 6. Keep all agreements as they are to allow the EHA time to work through them, especially for 1985 . Mrs . Peterson suggested that the Board form a subcommittee to develop a statement for presentation during the meeting with City Council. MOTION IT WAS MOVED BY MRS. PETERSON THAT MRS. LASH AND MR. BURNS FORM A SUBCOMMITTEE TO PREPARE AN AGENDA FOR THE CITY COUNCIL MEETING ON MONDAY, APRIL 29, 1985. MRS. BEIER SECONDED THE MOTION. AYES: Burns, Bradshaw, Lash, Peterson, Beier NAYS : Non e The Ch a irm an dec lared t he moti on carried . The suggestion was made that either Mrs. Lash or Mrs . Pe t erson present the Board's positi on at the Mo nd ay night meeting. The Bo ard agr eed with this s uggestion, and Mrs . Lash volunteered to do the presentation. FIN ANCIAL REPORT Mrs . Peterson requested that t he Board be gi ven a mont hly up da t e of their financial position. Ms. Br adshaw left the meeting at 10:00 p.m . • I • • - • • • • • • Englewood Housing Authority Board of Commissioners Regular Meeting April 24, 1985 Page five ~ IT WAS MOVED BY MRS. PETERSON THAT THE BOARD AUTHORIZE MS. RYAN TO MAKE THE INVESTMENTS OUTLINED IN THE INVESTMENT PROPOSAL HANDED OUT AT THE MEETING. MRS. LASH SECONDED THE MOTION. AYES: Burns, Beier, Peterson, Lash NAYS : None ABSENT: Bradshaw The Chairman declared the motion carried. The Board decided that they would like to be kept informed on investments; financial projects through the Executive Director's Weekly Update, but that they would prefer to take action on any investments or financial questions at the monthly Board meetings. Mrs. Beier and Mrs. Peterson reported on the results of their screening of applications in response to the Executive Director advertisement. 130 individuals were sent letters thanking them for their interest, but indicating that they were not among the group to be interviewed. Twelve applicants remain to be considered by a subcommittee of the Board consisting of Thomas Burns and Valerie Lash. The subcommittee will make the final selection as to who will be interviewed. Receipt of the remaining twelve applications has not been acknolwedged. Mr. Burns will retain possession of the applications of all the candidates. ~ IT WAS MOVED BY MRS. PETERSON TO ADJOURN THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTORITY AT 10:15 P.M., WEDNESDAY, APRIL 24, 1985. MRS. LASH SECONDED THE MOTION . AYES: Burns, Beier, Peterson, Lash NAYS: None ABSENT: Bradshaw The Chairman declared the motion carried . • I • • • • • • Englewood Housing Authority Board of Commissioners Regular Meeting April 24, 1985 Page six The Regular April Meeting of the Englewood Housing Authority adjourned at 10 :15 p.m. Linda A. Knopinski, Acting Executive Director Charlotte M. Prf tchard, Recording Secretary • I • • - • • • CALL TO ORDER • • • ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISIONERS REGULAR MEETING Wednesday, June 5, 1985 The Regular May Meeting of the Englewood Housing Authority was called to order at 6:30p.m., June 5, 1985 at Simon Center, 3333 South lincoln Street, Englewood, Colorado 80110 1. ROLL CALL Members Present: Members Absent: Also Present: Visitor: Mr. T. Burns, Chairman Mrs. E. Beier, Vice-Chairman Mrs. C. Peterson, Member Mrs. V. lash, Member Ms. B. Bradshaw, Member Ms. S. Powers, Asst. City Mgr. for Economic Development Ms. l. Knopinski, Acting Executive Director, EHA Ms. M. Ryan, Housing Division Ms. C. Pritchard, Recording Secretary Ms. J. Scotland, Special Agent, Northwestern Mutual life II. READING AND APPROVAL OF MINUTES FOR APRIL 2~, 1985 MEETING No minutes were included with this Board packet. The April 2~. 1985 minutes will be included in the packet for the June 26, 1985 Board Meeting. DISCUSSION ITEMS, MOTIONS AND RESOLUTIONS ARRP Budget Status MOTION MRS. PETERSON MOVED TO AUTHORIZE $50,000 FOR COMPLETION OF THE ARRP PROJECT PENDING THE EVALUATION OF THE LANDSCAPING AND INCLUDING FURTHER MAINTENANCE AND LANDSCAPING COSTS. MRS. LASH SECONDED THE MOTION. AYES: Burns, Beier, lash, Peterson NAYS: None ABSENT: Bradshaw The Chairman declared the motion carried. • I . • • • • • Englewood Housing Authority Board of Commissioners Regular Meeting June 5, 19B5 Page two The Board requested information regarding the Englewood Housing Authority's policy to accept a third position when making rehab loans. Staff Recommendation for Audit : MOTION MRS. PETERSON MOVED TO AUTHORIZE THE STAFF TO CONTRACT WITH OPPENHEIM, APPEL, DIXON & COMPANY FOR THE AUDIT OF FISCAL YEAR, 1984. MRS. LASH SECONDED THE MOTION. AYES: Burns, Beier, lash, Peterson NAYS: None ABSENT Bradshaw The Chairman declared the motion carried. Investment Resolution: ~ MRS. PETERSON MOVED TO AUTHORIZE THE STAFF TO PURCHASE TWO CERTIFICATES OF DEPOSIT AT FIRST INTERSTATE BANK OF ENGLEWOOD WITH THE $9,631 IN INTEREST RECEIVED DURING THE MONTH OF MAY FROM THE INVESTMENTS MADE ON MARCH I1, 1985. MRS. BEIER SECONDED THE MOTION. AYES: Burns, Beier, lash, Peterson NAYS: None ABSENT: Brad s haw The Chairman declared the Motion carried. MOTION MRS. LASH MOVED TO AUTHORIZE TH E STAFF TO ROLLOVER THE MARCH 11, 1985 INVEST- MENTS, IN THEIR PRESENT LOCATIONS, INTO 182 DAY CERTIFICATES OF DEPOSIT. MRS. PETERSON SEC ONDED THE MOTION. AYES: NAYS: AB SE NT : Burn s , Beier, lash, Peterson None Bradshaw The Chairman declared the motion carried. • I . • .., I - • • • • • • Englewood Housing Authority Board of Commissioners Regular Meeting June 5, 1985 Page three FINANCIAL REPORT The Board requested information on what was being done to collect a deliquent Rehab investor loan, #106. DIRECTOR'S CHOICE Attendance at NAHRO Conference being held in Greeley, Colorado, June 19-21. MOTION MRS. BEIER MOVED TO AUTHORIZE ATTENDANCE BY STAFF MEMBERS MS. KNOPINSKI, MS. RYAN, MR. SHORT & NS. RICHARDSON AT THE COLORADO CHAPTER OF NAHRO, 1985 ANNUAL CONFERENCE BEING HELD IN GREELEY, COLORADO, JUNE 19-21, 1985. MRS. PETERSON SECONDED THE MOTION. AYES: Burns, Lash, Beier, Peterson NAYS: None ABSENT: Bradshaw The Chairman declared the motion carried. COMMISSIONER'S CHOICE MOTION MRS. BEIER MOVED TO GO INTO EXECUTIVE SESSION AT 7:20P.M., TO DISCUSS A SENSITIVE PERSONNEL MATTER. MRS. PETERSON SECONDED THE MOTION. AYES : Burns, Lash, Beier, Peterson NAYS: None ABSENT : Bradshaw The Chairman declared the motion carried. • I . • • • • • Englewood Housing Authority Board of Commissioners Regular Meeting June 5, 1985 Page four MOTION MRS. PETERSON MOVED TO COME OUT OF EXECUTIVE SESSION AT 7:35 P.M. MRS. LASH SECONDED THE MOTION. AYES: Burns, Beier, Peterson, Lash NAYS: None ABSENT: Bradshaw The Chainman declared the motion carried. VISITOR Jeanette Scotland, Special Agent, Northwestern Mutual Life Ms. Scotland gave a presentation to the Board of possible benefit insurance packages that are available. Ms. Scotland included difference companies than she had discussed in her April presentation, and had answers to questions raised at that time. The possible purchase of an HMO was addressed as well as the problem with limited enrollment needs. The Board requested Ms. Knopinski make a recommendation at the June 26th Board meeting regarding the purchase of a benefit packet for EHA employees. Ms. Susan Powers, attended the Board Meeting to discuss the Proposed Agreement between the City of Englewood and the Housing Authority. The agreement out- lines program responsibilities, with the Housing Authority directing their own programs with the City and the Housing Authority sharing the administrative responsibilities for the Block Grant Rehab program. As Mr. Burns had received copi es of the memorandum of agreement just prior to the meeting, several Board members were not acquainted with the contents and wanted to read the document prior to committing themselves one way or another. Ms. Powers addressed areas of possi ble concern in the memo, as well as answering questions raised by the Board members. Ms. Powers was also present to discuss the interview process for Executive Director with the Board of Commissioners in an Executive Session. • I . - • • • • - Englewood Housing Auth or ity Board of Commissioners Regular Meeting June 5 , 1985 Pa ge five MOTI ON MRS. LA SH MOVED TO EN TE R AN EXECUT IVE SE SSION TO DISCUSS THE INTERVIEW PROCESS FOR THE EXECUTIV E DIREC TOR POSITION . MRS. BEIER SECONDED THE MOTION. AYES: Burn s, Peterson, Lash , Beier NAYS : None ABSENT : Brad s haw The Chairman de cla r ed the motion carr i ed. At 9:0 5p .m., the EHA Board of Commi ssi on er s mov ed in to Ex ecuti ve Session . ~ MRS. BEIER MOVED THAT THE BOARD OF COMMISIONERS OF THE ENGLEWOOD HOUSING AUTHORITY LEAVE EXECU TIVE SESSION AT 10:1 5 P.M. MRS. PETERSON SECONDED THE MOTION. AYES: Burn s, Lash, Be i er, Peterson NAYS: None ABSENT: Bradshaw ~ MRS. PETERSON MOVED TO ADJOURN THE REGULAR MEETING ENGLEWOOD HOUSING AUTHORITY AT 10 :15 P.M., WEDNESDAY JUNE 5, 1985. MRS. LASH SECONDED THE MOTION. AYES: NAYS: ABSENT: BURNS, BEIER, PETERSON, LASH NONE BRADSHAW Chairman Burns declared the regular May meeting of the Englewood Housing Authority adjourned at 10:15 p.m . • I . • - • Englewood Housing Authroity Board of Commissioners Regular Meeting June 5, 1985 Page six • • • Linda A. Knopinski, Acting Executive Director Charlotte M. Pritchard, Recording Secretary • . ' I . - • CALL TO ORDER • • • ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS REGULAR MEETING Wednesday, June 26, 1985 The regular meeting of the Englewood Housing Authority was called to order at 6:30p.m., June 26, 1985 at Simon Center, 3333 South Lincoln Street, Englewood, CO 80110. I. ROLL CALL Members Present: Also Present : Mr. T. Burns, Chairman Mrs. E. Beier, Vice Chairman Ms. B. Bradshaw, Member Mrs. V. Lash, Member Mrs. C. Peterson, Member Ms. L. Knopinski, Acting Executive Director Ms. M. Ryan, Housing Division Ms. C. Pritc hard, Recording Secretary II. READING AND APPROVAL OF MINUTES FROM APRIL 24, 1985 AND JUNE 5, 1985 Minutes from April 24, 1985: Page five, paragraph two, line five reads: "to be considered by the interview panel, who will make the final selection regarding interviews." Should be changed to read: "to be con- sidered by a subcommittee of the Board consisting of Thomas Burns and Valerie Lash. The subcommittee will make a final selection as to who will be inter-viewed." A typographical error was also corrected in the April 24, 1985 minutes. MOTION IT WAS MOVED BY MS. BRADSHAW THAT THE MINUTES OF THE APRIL 24, 1985 MEETING BE APPROVED AS AMENDED. MRS. BEIER SECONDED THE MOTION. AYES: Burns, Lash, Peterson, Bradshaw, Beier NAYS: None The Chairman declared the motion carried. • I . - • • Englewood Housing Authority Regular Meeting June 26, 1985 Page two Minutes from June 5, 1985: • • • Page two, paragraph one, first line: The Board requested that the name of a rehab loan recepient be removed from the Board Minutes. The Board has a long standing tradition that participants of the Rehab program not be named in Board minutes. Page one, a typographical error needed correction. Page five, the Board had entered an Executive Session, at which point the Housing Division employees left. The Minutes were submitted for approval without the information relating to the completion of the meeting. The following is offered as an ending to the meeting. ~ IT WAS MOVED BY MRS. BEIER THAT THE BOARD OF COMMISSIONERS LEAVE EXECUTIVE SESSION AT 10:15 P.M., WEDNESDAY, JUNE 5, 1985. MRS. PETERSON SECONDED THE MOTION. AYES: NAYS: ABSENT: Burns, Lash, Beier, Peterson None Bradshaw The Chairman declared the motion carried. !:!QI!Q!! IT WAS MOVED BY MRS. PETERSON TO ADJOURN THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY AT 10:15 P.M., WEDNESDAY, JUNE 5, 1985. MRS. LASH SECONDED THE MOTION. AYES: NAYS: ABSENT: Burns, Beier, Peterson, Lash None Bradshaw Chairman Burns declared the regular May Meeting of the Englewood Housing Authority adjourned at 10 :15 p.m. • I • • Englewood Housing Authority Regular Meeting June 26, 1985 Page three • • • MOTION IT WAS MOVED BY MRS. PETERSON THAT THE MINUTES OF THE JUNE 5, 1985 MEETING OF THE ENGLEWOOD HOUSING AUTHORITY BOARD OF COMMISSIONERS BE APPROVED AS AMENDED. MS. BRADSHAW SECONDED THE MOTION. AYES: Burns, Lash, Beier, Peterson, Bradshaw NAYS: None The Chairman declared the motion carried. DISCUSSION ITEMS, MOTIONS AND RESOLUTIONS Benefits Package MOTION IT WAS MOVED BY MS. BRADSHAW THAT THE ENGLEWOOD HOUSING AUTHORITY ADOPT THE EMPLOYEE BENEFIT PACKAGE AS PRESENTED. MRS. PETERSON SECONDED THE MOTION. AYES: Burns, Beier, Lash, Bradshaw, Peterson NAYS: None The Chairman declared the motion carried. ARRP Status Ms. Knopinski and the Board discussed the status of the ARRP units, their scheduled date of completion and possible marketing strategies. The Board requested that the appraisals of the units be completed by the July meeting, so they may use the information to decide on a level for pricing. City Agreement ~ IT WAS MOVED BY MRS. PETERSON TO ACCEPT CHAIRMAN BURN'S SUGGESTED LANGUAGE CHANGES IN PARAGRAPHS 1e and 4 OF THE PROPOSED AGREEMENT ESTABLISHING RESPONSIBILITIES BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD HOUSING AUTHORITY. MS. BRADSHAW SECONDED THE MOTION. THE SUGGESTED LANGUAGE CHANGES ARE AS FOLLOWS: I . • • Englewood Housing Authority Regular Meeting June 26, 19 85 Page fou r • • • l.e. On an annual basis, during the City budget process, the Authority will prepare a request for funding from the City and for the rendering of in kind services and submit these to the City Council for consideration. Said request will illustrate the manner in which City funds and services will augment the goals and objectives of the Authority for the next year. The Authority will confer with City Council regarding the goals and objectives of the Author i ty on an annual basis with the objective of coordinating the hou s ing goals of the Authority and the City. The City reserves the right to approve or disapprove the Authority request for funding and the use of in kind services on a year to year basis. 4. Agreement Renewal This agreement will be renewed automatically year to year when the City Council approves by Resolution the annual Authority proposal for the use of City funds and in kind services. AYES: Burns, Beier, la s h, Peterson, Bradshaw NAYS: None ~ IT WAS MOVED BY MRS . BE I ER THAT THE WORDS "ASSIST AS NEEDED " BE ADDE D TO PARAGRAPH 3d OF THE PROPOSED AGREEMENT ESTABLISHING RESPONSIBILITIES BETWE EN THE CITY OF ENGLEWOOD AN D THE ENGLEWOOD HOUSING AUTHORITY. MS . BRADS HAW SECOND ED THE MO TION. AY ES: Burn s , l as h , Peterson, Beie r , Bra dshaw NAY S: None The Chai rman dec la re d th e moti on carr ied . Chairman Bu rn s noted that Mrs . Pe t ers on, an eight year member of th e Englewood Ho usi ng Autho r ity , has decli ned an invi t ation to renew her appointment with t he Autho rity. The EHA has deci ded to hold a dinner in Mrs. Peterson's hono r to t han k her for her many yea r s of service. The d i nner i s scheduled for Wednesday, July 10 , 1985 . I • • • • • • • Englewood Housing Authority Regular Meeting June 26, 1985 Page five MOTION IT WAS MOVED BY MS. BRADSHAW TO ADJOURN THE REGULAR MEETING OF THE ENGLEWOOD HOUSING AUTHORITY AT 7:20P.M., WEDNESDAY, JUNE 26, 1985. MRS. LASH SECONDED THE MOTION. AYES: Burns, Beier, Peterson, Bradshaw, Lash NAYS: None The Chairman declared the motion carried. The regular meeting of the Englewood Housing Authority adjourned at 7:20 p.m. Alan M. Fei nstein , Executive Director (_/he~ )A ~L Charlott e M. Pritct?a ·r d, Rec or di ng Secretary • I . • • • • - MINUTES ENGLElVOOD, COLORADO BOARD OF ADJUSTMENT AND APPEALS June 12, 1985 The regular meetin g of the Board of Ad jus tment and Appeals began at 7:35 p.m. MEMBERS PRESENT: MEMllERS ABSENT: ALSO PRESENT : Seymour, Hall agin , Br own, Lighthall , Gage , Ferguson, and Fish. None. Dorothy Romans, Staff Advisor Mary Alice Rothweiler, Planner I Nancy Reid, Assistant City Attorney Sheryl Rous ses, Recordin g Secretary Chairman Fish cal led the meeting to order, a nd stated that with seven members present, five votes would be required to g rant a variance. BOARD ME~ffiER GAGE MOVED THAT THE MINUTES OF MAY 8, 1985 BE APPROVED AS WRITTEN . Boa rd Member Br own seconded the mo tion. Upon a v o te all seven members vo ted in the affirmative, and the Chairman ruled that th e Minutes were approved as written. * * * * * The r e wer e no Findings of Fact f r om the Meeting of May 8, 1985 . * * * * * Th Chairman opened the Publi c Hearing fo r Case No. 9-85 . He stated the Board is authorized to g rant or deny a va riance by Part III, Sect i on 60 of the Englewood City Charter . He stated th e re was proof of publi ca tion, but no proof of posting. Mrs. Rothweiler stated that Mr. DeNei ce had left the proof of pos t ing in his office , but that she could state that the posting had been co rr ct . The Board accep t ed this statement. The Chairma n asked that the Staff identify the request. Mrs. Rothwell r said that the applicant, Daniel De~eice, for Kent Villag Association, Inc., 3395 South Ra ce Street, was requesting permission to const ruct a cedar fence whi c h would be eight feet high to s c reen stored to ols and other equipment from the adjacent property. This is a varia n ce from th e Comprehensive Zo ning Ordinance, Section 16.4-17 c 2, Fences and Retaining Walls , which sets th e maximum fence height in the side yard in the R-1-A Zone District at six feet . The Chairman asked that the applicant come forward for testimony. Daniel J. DeNeice, Property Manager for Kent Village, who resides at 1435 South Eaton, Lakewood , was sworn in for testimony. Mr. DeNeice drew a diagram of the area around 3395 South Ra ce Street, showing the back of the house, the ga r age , the bark fence and tw o units which have bedroom windows which overlook th e ga ra ge , the back yard and the fence. • I • • • • • -2- Mr . DeNeice stated th a t the resident mana g er of Kent Village lives in this house, a nd stores the maintenance equipment in the ga r age, along with all the trash containers for the Village . He said th at the two units in th e Village are abo ut 30 t o 40 feet from th e residence at 3395 South Race Street . Mr. Hallagin asked if th e occupants of the two units whi ch face the subject p r operty 's ba c k ya rd have requested the screen i n g . Mr. DeNei ce said they would like to have the s c reening . No one else is affected . Mr. Hallagin asked if a building co uld be built wh ich would accompl ish the same purpose. Mr. DeNei ce said t hat such a building wo uld h a v e to be very long and very narrow. The ga ra g e works well fo r th ei r purposes, but during th e day the garage is open ed while the manager wo rks on the equipment whi c h is used for maintenance . Ms. Lighthall asked for a description of the fence . Mr. DeNeic e s t ated that it wo uld be made of 1" by 4 " ceda r b oa rds. Every 40 feet there are 2 ' by 2 ' pillars about seven feet h igh which a r e made of bric k. The pillars would be retained , with the addi tion of a b out a foot at the t op . Ms . Lighthall said tha t the tras h bins could no t be stored i n a building , but must be out in th e yard . Mr . DeNeice ag r eed . Mr. Gage asked how h igh th e cind e r blo c k fence o n the west s i de is. Mr. DeNeice said it is six fee t high. Mr . Seymour said that the area by the trash will not have an eight-foot fe n ce accordin g t o the plan. Mr. DeNei c e agreed . Mr . Seymour said that the re had been a previous variance request for a lean-to along the fence i n the past. Mrs. Romans said that request h a d bee n denied, b ecause it would i ntrud e i nto a utility easement. Mr. DeNeice said that all the s t o rage is in th e g arage, but the do o rs are kept open , a nd those open doo rs sho uld be screened from the neighb ors. lr. Ferguson a sked wh ere the trash c omes from. Mr. DeNei ce said tha t it is Kent Village 's trash a nd is picked up three times a week . Mr . Brown asked why Kent Village doesn't have a place t o store all th e e quipment on its own property rather than i n a n R-1-A zo ne dis tric t. The R-1-A districts in Englewood have always been protec ted. Mr. DeNei ce s a id th a t 3395 South Race is own ed by the Association. Mr. Brown asked why the storage couldn 't be put in the R-3 area which is commo nly known a s Kent Village instead of in the R-1-A zone district . Mr. Fish asked what kinds of equipment are being stored in the ga r age. ~lr. DeNeice said that during the day the garage is open . There are lawnmowers , blow rs, a pickup, the campe r which belongs to the resident manager, and maintenance equipment such as saws and tools . No equipment is stored along the fence , but the garage is opened during the day . Golf carts which are used in th Village are also stored there . Mr. Gage asked if the houses which look onto the garage are in a two-story building. Mr. DeNeice said that it is a one-s t ory building, but because of the ground elevation , the building is hig her than a single-s t ory would normally be. ~Is. Lighthall asked why the ga r age couldn't be kept closed during the day, and said that the trash is not visible if the ga te is closed . Mr. OeNeice said the t ras 11 goes over the top of the contain rs o n th mornings of lrash collection. Mr. Seymour said that trash from the R-3 area should not b collected and stored in a n R-1-A area. Mr. Fish asked about the bricks • I • • • • • • -3- s tored there. Mr. DeNeice said that they are there temp o rarily for repair. Mr. Fish asked Mrs. Romans why a business operation is being run o ut o f a home . ~Irs. Romans said there are no business es o r home occupations permitted in the R-1-A zone districts. She did not know if Code Enforcement h ad add r e ssed the issue , but thought it may be their impression that the house is a residential use rather than a commerc ial use. Mr. Fish said i t is c lea rly being used as a mainten ance facility f o r Kent Village. Based on the testimony of Mr. DeNeice, Mrs. Romans agreed . There were no further speakers in favor of o r agains t this request, a nd th e applicant stated tha t he did n o t wish t o ma k e any fu rther statements. The Chairman incorporated the Staff Report i nto the Record, a nd asked if the Staff had a nythin ~ furthe r t o add . Mrs . Romans said that th e St aff 's primary concern is the misuse of t h e most restrictive z0n~ olistrict , the R-1-A, a s a maintenance faci lity in co nne ct i o n with the R-3 zo ne district . This should not be permitted . The Chairman c losed the Public He a ring fo r Case No . 9-85 . BOARD ~!EMB ER SEn10UR MOVED THAT DANIEL DENEICE, FOR KENT VILLAGE ASSOCIATION, INC ., 3395 SOUTH RACE ST REET, BE GRANTE D PERMISSION TO CONSTRUCT A CEDAR FEN CE WHICH WOULD BE EIG HT FEET HIGH TO SCREEN STORED TOOLS AND OTHER EQUIPMENT FROM THE AD JACENT PROPERTY. THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDI NANCE SECTION 16 .4-17 c 2 , FENCES AND RETAINING WALLS, WHICH SETS THE MAX IMUM FE NCE HEIGHT IN THE SIDE YARD IN THE R-1-A ZONE DISTRICT AT SIX FEET. Board Member Gage second ed t h e mo t ion. The members locked in th ei r vo tes, a nd before the vo tes we r e displayed, the members gave their fi ndin gs as follows: Mr. S ymour stated that he vo t ed aga inst the v ariance because the use of the property should be residen t ial and th e varia n ce wou ld no t meet the five conditions necessary to g r a nt a variance . Mr. Hallagin voted "no" because the a p plicant did no t mee t the condi tions, a nd the residential area should not be us ed for dumping and storage. Mr. Br own said h e voted "no " because the five conditions were not met, and he wants to protect the R-1-A single-family residential district. Mr. Gage voted "no" because the conditions were no t met and the R-1-A a reas should be protected. Is. Lighthall voted "y s " because a fence wouldn't disturb anyone, and granting this would not be setting a precedent. Mr . Ferguson voted "no" because the five co nditio ns wer e not met. If the Board g ranted this variance, it would be co ndoning using a residential district for a business purpose. Mr. Fish sald there was not unique hardship and n o ne of th e five conditions were met. When the vo tes were displayed, six members had voted in o pp osi tion to the varian ce , and one vote, Is. Lighthalls, was in th e affirmative . I • - • • • • -4- The Chairman ruled the va riance was denied. * * * * * The Chairma n o p e n ed the Public Hearing o n Case No . 19 -85 , and stated that th e Board is authorized t o g rant o r deny a variance by Part III, Section 60 of the Englewood City Charter . He stated that he had proof of postin g and publication o f the subject property, and asked that the Staff ident ify the request . Mrs . Rothweiler stated that the applicant , Geo r ge E. H. Mit c hell, is requ es ting a variance for property located a t 2031 East Floyd Avenue, permitting the con struc tion of a carpo rt whi c h will encroach six fee t, six inches into th e front yard setback a nd two f ee t into the side yard setback in the R-1-A , Single-Family Residenc e District . This i s a variance from the Comprehensive Zoning Ordinance, Section 16 .4-2 h, Minimum Front Yard, and Section 16 .4-2 i (1), Minimum Side Yard . Th e Chairman asked tha t the applicant come forward. George E. H. Mitchell, 20 31 East Floyd Avenue was sworn in for testimony. He stated tha t last year af t er a snow , his wife slipped on the driveway, a nd wa s hurt. They would l i ke t o eliminat e the hazardous condition by constructing a ca rport. There is no r oom for a ga r age except i n the back yard, and to use the back yard th ey would have to remove the fru it trees in their yard. He said wh e n they moved to the property three yea rs before, the a dvert is ement stated that there was r oom for a ga rage , but the r e is no t. He said the carport would ex t end six fee t, six inc hes into the f r o nt ya rd and will have only a f i ve-foot side setback, wh ich is two fee t less tha n th e required minimum . I t will not e n c r oach into the five-foot utility easement. Ms. Lighth all expres s e d concern about the design of th e carport. Mr. Mitchell said he would hire a co ntrac tor a nd the carport will b e at tractive . He said it would be of wood with a fascia trim. The Board discussed ways of ma k i n g the ca rport conformin g . Mr. Mit c hell agreed that th e e ntire concrete pad would not be used, because it goes to the property line . H stated that h e would n ot enclos the ca rport. Mr . Brown stated that th e Building Department will r e quire that the window whi c h will be under the patio be made unopenable. Mr. Mit c hell agreed. The Chairman asked if there were any further speakers in fav o r of the va riance . There wer e n o ne. There were no spea kers o pposed to the variance. The Chairman asked that the Staff Report be made part of th e Re co rd, and Mrs. Romans said the Staf f had nothing further to add. Mr. Fish c losed the Publi Hea ring for Case No. 10-85. BOARD MEMBER BROliN MOVED THAT THE APPLICANT, GEORGE E. H. MITCHELL BE GRANTED A VARIANCE FOR PROPERTY LOCATED AT 2031 EAST FLOYD AVENUE, PERMITTING CONSTRUCTION OF AN OPEN CARPORT WHICH WILL ENCROACH SIX FEET, SIX INCHES INTO THE FRON T YARD SETBA CK AND TWO FEET INTO THE SIDE YARD SETBACK REQUIRED IN THE R-1-A, SINGLE- FAMILY RESIDENCE DISTRICT . THIS IS A VARIANCE FROM THE COMPREHENSIVE ZONING ORDIN ANCE, SECTION 16 .4-2 h, MINI~WM FRONT YARD, AND SECTION 16.4-2 i (1), NTNIMUM SIDE YARD . Board Member Halla g in seconded the motion. Af l er some discussion, the Board asked the applicant t o agree to the inserLion of "an o pen" ca rport in th e motion which is a c hange from the r e quest. Mr . Mit c hel l agreed t o the c han ge . I • • • • • • -5- The Members locked in their votes, but before displaying th e vote, gave their fi ndin gs as follows: Mr. Seymour said he vo t ed in favor of the variance, as long as ther e is no building on the utility easemen t . Mr. Hallagin voted "yes" because the applicant met the required five condi tio ns, a nd there is a unique need for protection from the snow. Mr. Brown said there is a hardship and the unique placing of the house on the lot has crea ted t h e hards h ip. He voted "yes". Mr . Gage voted "yes ", saying th at t h e five con di tion s were met . There is a problem with the way the ho use i s placed on the p r oper t y . Ms . Lighthall said she voted "yes" because there is a genuin e hardship. Mr. Ferg uson and Mr. Fish voted "yes ", co n cu r ring wi t h the rest of the Board . Whe n the votes were displayed, all seven membe r s had voted in favor of g ranting the variance. The Chairman ruled t h at the mo t ion had passed , and instructed Mr . Mit c hell to con t act the Building Department f o r the proper permits. The Chairman stated the r e would be a 10 minute recess . The meeting reconvened at 8 :50p.m . with the same perso ns present. The Chairman stated that the Board would co n side r the r equest by Robert L . Pitler a nd Mark L e Levine, for property located at 2303 East Dar t mouth Avenue, to be granted an extension of the comp letion deadline which was part of the conditions of the Board of Adjustment and Appeals, Case Number 32-84, from July 1, 1985 t o December 1, 1985. The Board asked if there had been a Temporary Certificate of Occupancy issued for the property. Mrs. Romans said the work had not yet progressed to that point. Ms. Light hall suggested an extension of the deadliu because the landscaping could not be c ompleted after that the time limit imposed on th e variance was very disag reed. to Septemb r 1, 1985, that. Hr. Gage said strict. Mr. Seymour Mr. Robert Pitler was asked to address the Board and to explain th reason the extension of Lime would be necessary. Mr. Pitler said that b caus they had wanted good planning, and because the historical building is a sp rial 1s , there hav been long planning sessions with the architect and the City Departments. The electrical plan was only approved on June 2, 1985. !r. Ferguson asked whether the Building Department would make th final decision on time limits, o r if it were the Board's responsibility. Mrs. Romans sa id that except in the case of acts of God that would delay the construction or planting, the responsibility would be the Board's. Mr. PI ler said they had made a conscientious effor t to meet the ne ds of both safety and beauty. Th building has been paint d a softer color in response t o th cone rn of the neighbors. They ar working on a landscape pldn tha t will meet their n eds and the requirem nts of th City. He said th lJndscapi ng would b put in as soon as a plan has b en approv d, o nly the cons truc tion will take until December 1. • I • • - • • • • -6- Mr. Fish s a id that he understood that some of the landscape plan as submitted wo uld be bending the c o nditions set down by the Board. He ins tructed Mr. Pitle r that those conditions must be met fully . BOARD MEMBER BROWN MOVED THAT MR. PITLER AND MR. LEVINE BE GRANTED AN EXTENSION OF THE COMPLETION DEADLINE WHICH WAS PART OF THE CONDITIONS OF THE BOARD OF ADJUSTMENT AND APPEALS, CASE NO . 32-84, FROM JULY 1, 1985 TO DECEMBER 1, 1985. Boa rd Members Lighthall and Ferguson seconded the motion. All seven members voted in favo r of the extension, and it was decided that Findings of Fact were not necessary . DIRECTOR'S CHOICE . Mrs. Romans stated that the Comprehensive Zo ning Ordinance had passed a nd is now law. The R-3, B-1, B-2, P .O., Fence Ordinance and Landscape Ordina n ce are being amended . Mrs. Romans also asked if the Board would have o b jec tio ns to giving a copy of the Staff Report to the applicants in Board of Ad j ustmen t ca ses. She said it is of con c ern that the Board reads and considers the Report, but the applicant is no t given an opportunity to address issues r a ised by the Report. The Board asked the attorney to give a written opinion on the legality of th e Staff Report and whether it should have to be shared with the applicant in advance of the meeting . Mr . Seymour opposed givin g the applic ant a co py in advance. I t was sugge sted that it be read into the Record, o r the applicant be given the r epo rt at th e beg inning of the meeting . BOARD 'S CHOICE. Mr . Fish will not a tt e nd the meeting in Au gu st as he will be married on Au g ust 10. ~tr. Gage will not attend the July meeting as he will be in orway. The mee t ing adjourned at 9:28 p.m. Sheryl Rousses, Recording Secretary • I . • • • - F. !GL':I-100!' OOPN'T'OHN D":V":LOPt-!E \' AU~ORI"'Y 3535 S . Sherman -Englewo od, CO 80110 ¥!>.!UTES June 1 2 , 1985 Roard ~embers Presen t: Coleman, Green, Holthaus, Kaufman, Mausolf, Neal, Oswald, Owens , Tomooka Roard Members Absent: Pendleton Staff Present: o. Dietrich Guests anrl Visitors : Jim ~owers, Dorothy l'alquist, Vance Hayes, Dick Pinson, Bill Veio The r egular meeting of th e ~nglewood nowntown nevelopment Authority was c alled to order y Sec retary Rachel Owens at 12 :04 PM on June 12, 198 5 . The minutes from the p reviou s meeting were presented for approval. Mr. ¥4ufman moved, seconded by }'r. Gr een , to approve t~e minutes f r om May 8, 1985 regula r meeting. The motion was passed unanimous~.y by voice vote. The Treasurer 's Report was presented by na n Green. 'T'he Year-to-Dat e ~xpe n di tur es to P.evenues for April, 1QR5 ancl }'ay, 1985 were discussed. Mr . Oswald moved, seconded by ~r s . Polthaus, to accept the Treasurer's Report. The motion was passed unanimously by voice vote. CI{AIR}'AN ' S REPORT Marketing Study Update -Bill Veio, Rocky Mountain Research Institute, presented the initial data from the Phase I of the Marketing Study. He explained the data collection methods and the extensive types of information that he collected for the study area . After this presentation of Phase I , he will present several issues for the Roard to consider regarding development opportunities . Mr. Veio showed several exhibits that pertain ed to the assessed value per block for land and bu ildings, most recent sales within the study area, and current land u se . From these economic studies, the Board can begin to look at several alternatives. ~ecause there will be additional informat ion , another special meeting is call ed fo r June 19, 1QR5 at 12:00 noon . • I • • • Page 1'>10 Mi nut es Jun e 12 , 191'5 • • • ~ I mprov e ments for the 3200 ~of ~'!roadway -Roecker Design Gr o up has pr e pa red a cost estimate for public improvements for the 3200 block of So uth Br oad way that includes the same types of improvements as those in the 33 00 a n ~ 3400 bloc~s . According to 11iek Hinson, this did not include signage. Also , t he pr opo sa l cost estimate was ·$I5n,ooo. DI RECTOR 1 S ~ ~ ~ Rep ort -At this time, four presentations have been made, and we are wa i ting for responses from the banks. Crime Pr e v e ntion Meetings -Ms . Dietrich has arranged with the Crime Prevention Off icer o f the En g lewood Police nepartment, Nancy Hart, to hold two meeting s in J ul y r ega r d ing Crime l'revention. On July 18, Officer Hart wil.l address Shop-- lifting as a p r o bl em for merchants, and on July 25, she will address Chec~ Fraud. A fly er has be e n printed and wi l l be distributed regarding these meetings. Also, the Cit y of F.ng lewood Chamber of Commerce will be helping with this program. These two t o~i c s were selected because of the interest shown in these areas f rom a qu es tionnaire distributed to the merchants on South Broadwa y . Tree Dedication Project -An i nvitation is being printed to invite merchants, bu sin esses , a nd citizens to participate in the tree dedication project. Th i s will be r e ad y f or distri bution around mid-July. Farme r s ' Ma r ket -'l ecause the Farmer's Market has not been ahle to find a suitabl e spot f;r their sale i n F.n g l ewo od this summer, the Board was asked wheth e r or n o t it would be app r op ria t e for t h e south e nd of the Lincoln Street parking lot to be used . It was de t er •Iincd t hat the Farmers' Market could try the par king lot this year on a tria l bas i s , and a l so that the Po l ic e nepartment wo uld r ope off the section tha t t he f armer s wo uld u se to s et up their tables . As there was no fu rther business, the me eting was adjourned at 2:20 PM. • I • • ( • • • • ENGLF:'..lOOD DOWNT01.1J'l DEVELOI'~!"NT AUTHORITY 3535 S. Sherman -Englewoo d, CO 80110 MINUTES Special Meeting June! 19, 19135 Board Membe rs Present: Green , Kaufman, Mausolf, Neal, Oswald, Owens, Tomooka Board ~embers Absent: Coleman, Pendleto~ Staff Present: P. Dietrich Guests: Jim Bowers , Susan Powers, Bill Veio Secretary Rachel Owens called the Special Meeting of the ~oard of Directors of the Englewood nowntown Development Authority to order at 12:05 PM on June 19, 1°85. The purpose of this Special ~eetinR was to continue the discussion and presentation of the First Phase of the ~~r ~eting Study. Bill Veio summarized his presentation from the previous meeting and went on to state that the redevelopment potential for this study area · will include keeping the sales tax and employer base and ultimately show what is the best use for the land. He noted that this study area has several areas that could be included in any redevelopment plan: 1. More parks, open spaces, and green area. 2. A community focal point that would provide for more people space. This is an impo rtant area as it needs to be complemented with that of the redeve lopment project . 3. Creation of a happening and an integration into the community of this hap- pening. 4. More restaurants in the area. 5. Second and third floor retailing. 6. New residential neighborhoods for more families in the area. 7. Specialty sto res that would provide for destination shopping. 8. Theaters are a go od asset to the mixed used development. 9. Possibly an ice skating rink would provide a destination type of business . • I • • • • • • Page Two Mi nutes Special ~ee ting June 19, 1985 Mr . Veio wen t on to state that there will be add r essed fo r this area and for this study. wr itten report, to be ready about the middle be thinking of possible alternatives as they area. After the Bo ard receives this written be held to determine the dtrect i~n for Phase several issues that need to be He will present these in a of July. The Board can then relate to the realities of t he report, a broad discussion will Two of the study, As there was no further business , the Special Meeting was adjourned at 1:30 PM. • I . • • PRESENT: ABSENT: OTHERS: • • - BOARD OF CAREER SERVICE COMMISSIONERS June 20, 198 5 REGULAR MEE TING JoEllen Turner, Cathy Pokraka, Torn Fitzpatrick Janet Kerz ic Don Weber Ben Craig, Attorney Peter Vargas, Assistant City Manager Mel BeVirt, Employee Relations Director Commissioner Pokraka called the meeting to order. Roll call was taken and a quorum was established. Commissioner Fitzpatrick moved and Turner seconded approval of February 12, 1985 minutes. AYES: Pokraka, Fitzpatrick, Kerzic ABSTAIN: Turner Commissioner Fitzpatrick moved and Turner seconded approval of April 4, 1985 with the following corrections: "Commissioner Turner moved and Fitzpatrick seconded that Don Weber be nominated and selected to serve as said Chairperson from date of selection, April 4, 1985 to April 4, 1989." "Chairperson Don Weber then assumed Chairperson for remainder of the meeting." Item three on the agenda was business from Association 's. Let the record reflect no persons were present from any Association's. Assistant City Manager Peter Vargas was present to inform and ask fo r the Board's concurrence on new hire police withdrawal from the Fire and Police Pension Association Program. After much discussion, it was requested that more information be sent to each Board member and Ben Craig, Career Service Board Attorney. Mr. Craig will sent his opinion to each Board member if he receives it before Wednesday, July 3, 1985. Other orders of business included rescheduling of the July meeting to the 25th at 6:30 p.m. due to vacations of some members. The Board also requested the Recording Secretary to immediately notify all members when Aisenberg responds to the Leydon hearing. Call each Board members and mail out the response immediately. It was discussed and noted that if no protest was received within 10 days after receipt of the decision, the Board would hold a meeting immediately and go o n record acknowledging receipt of the information and decision . • I • • - • • • • The final order of business was the budget. Commissioner Fitzpatrick moved that the budget report be presented differently. Turner seconded. After much discussion, it was decided that the budget should be presented in the same format as the computer printout received by the Recording Secretary monthly. The following bill was approved: CRAIG 3.7 hours $314.50 Commissioner Turner asked Assistant City Manager Peter Vargas how negotiations were progressing. He responded okay. Commissioner Fitzpatrick moved and Turner seconded to adjourn the meeting. /.~~~A: ~ Dona~eber, Chairperso~ I . • • • • CITY 0 1 E 'G LEIWOil PLANNIN G AND ZONIN G COMl-!lSSlON J uly 2 , 198 5 1 • CALL TO ORD[R. The regular meeting of th City Planning and Zonin g Commission was called t o order at 7:00 p.m. by Ch a irman Venard. Members present: Barbre, Carson, Steel, Allen, Venard. Member absent: Beier, Ma gnus o n, Mc Brayer, Go urdin. Also present: Pe ter Vargas , Ex Officio Doro thy A. Romans, Assistant Director of Community Development Susan Kin g , Senior Planner Nan cy Reid, Assistant City Attorney II. APPR OVAL OF MI NUTES . June 18, 1985 Mr. Venard stat d that the Minutes of June 18, 1985 were t o be considered for approval. Carson moved: Ste el seconded: The Minutes of June 18, 1985 be approved as written. AYES: NAYS: ABSENT : Barbre, Carson, Steel, Allen Venard. None. Beier, Magnuson, McBrayer, Gourdin . The Cha irman ruled that the motion carried , and the Minutes were approved as written. Commissioner Gourdin entered, and took his place with the Commission. III. APPROVAL OF FINDINGS OF FACT. 3986 South Broadway Case f/11-85 Mr. Venard stated that the Findings of Fact for Case #11-85 were to be considered for approval. Carson moved: Barbre seconded: The Findings of Fact for Case #11-85, 3986 South Broadway, be approved as written. AYES: NAYS : ABSENT: IV. Barbre, Carson, Steel, Gourdin, Allen, Venard. None. Beier, Ma gnuson, McBrayer. Amendments to the Comprehensive Zoning Ordinance, Sections 16.2 - Administration of the Ordinance, 16.3 -Procedure for Initial Zoning of Property and Rezoning, 16.4-17 -Fences and Retaining Walls, 16.4-18 -Lands c ape Ordinance, and 16.4-19 -Sign Code • • I • • • • • -:!- Mrs. Romans wn s asked to explain th e r easons fo r the proposed am endments. She stated that 16.2-8 b (1) (c) was inadve rt ently omitted durin g the various typings of the Ordinance; and when there was a requ es t for a varian ce from the Si gn Co de, it was discovered th at the four conditi o ns n ecessa r y fo r gran ting a va rian c e fro m th e Sign Code were no l o n ger in th Or d inance. This amendme nt will resto re the cond iti on s t o the Ordi nance . In reviewing Section 16.3, staff rea lized that no pro cedure for amendin g the Ord inance was includ ed in the text . The amendm ents t o Section 16.4-17 wer e proposed b y the Commission concerning Fences and Retaining Walls. The proposed ame ndm en ts to Section 16.4-18, La nds cape Ordinance , nr e in acco rd a nce with prev ious discussions by th Commission a nd for cla rifi ca tion . The r egula tions would apply in all zone districts whenev er there is a change of use or any new development. Because of difficulties encountered in determining how e x tensive remodelling is, th burd en would be changed fr om the City t o the applicant t o give the valuatio n f the remodelling . It woul d further require the valuation to be based only on bu ilding s and i mp r ove me nts, r a ther than including the value of the land. Th e formu la supplied by Arapah oe Co unty would be applied to a submitted value t o determine the accuracy of the valuation; and the City could accept estimates from broke rs, insuran c e reco rds, and the Assesso r's reco rds. In addition, 16.4-18 d (1) (b) would amend the section of the Landscape Ordinance concerning the granting of a Temporary Certificate of Occupancy to permit landscaping to be installed at a later date, during a more suitable plantin g season. The amendment would include provision for an Instrument of Se c urity of 200% of the estimated value of the landscaping to b e submitted to the City prior to the issuance of the Temp o rary Certificate of Occupancy. There was some discussion by the Commission of this provision. Mr. Allen st at ed that placing a lien which would b e supe rio r to all other liens and encumbrances with the permission of the other debtors would be almost impossible. Mrs. Romans stated that this was offered as an op tion; there are other methods of providing secu rity. She stated that this met h nd has worked for the City in other areas of enforcement, and the amendment wa s prepared b y the Attorney's Office. Mr. Vargas said that the purpose of these provisions is to give the property owner an inc entive t o lands c ape. Mr. Stoel objected to the provision which requires 200% of the value of the lands caping improvements to be reserved. Mrs. Romans said that this amount is similar to the requirements of other cities in the area. Mrs. Romans stated that there is always the option of putting in the landscaping , and this provision seeme d a lesser evil than forcing the owner to vaca te an occupied build ing because the landscaping has not been installed. Mrs. Romans said that th e next proposed amendment, Section 16.18 d (2) (e) (1), was in response to the Planning Co mm ission's motion that 50% of the landscaping be r e quired t o b e installed in the front portion of a building site for comme r cial and industrial zone districts. Because it may be difficult to determine what the "fron t portion of a building site" is, the staff suggested the wo rdin g b e changed t o "between the street line and the front building line." Dis c ussio n followe d, and the Commi ssion requ es ted that the wording be changed t o "b etween the street l i ne and the front setback line", or "in front of t he exis ting building." Mrs. Romans said th at Coun c ilman Vobejda pointed out tha t it is diffic ult to understand the section of the Landscape Ordinance whi ch requires on street tree for each f o rty feet of frontage. She said that the Planning Office h as • I • • • • • • -3- m~de a prac ti ce o f r eq uirin g an ex tr ~ tree f o r each tw e nty f ee t of f r onta ge over th e first 40 f ee t. Th e st uf f pro po s es th e f o l lowing wo r d i nr : "lf , when the total stree t fr o n t a ge is divided by 40 feet, the r e i s a remainder of 20 fe e t o r mo r e , an additional street tree sha l l b e r e quired." Mrs. Romans, in respo ns e t o a qu es ti on from Mr. Gourdin, stat ed that th e r e will be a Landscape Br ochure which contains sugg estions for trees that grow we ll in our area, identifies drou ght-resistant plants, and lists diffi c ult or undesirable trees. The Denv r Water Board on West 12th Av e nue h a s a model xeroscape display, and the Board publishes a pamphlet des c ribing low- maintenan c e plants. The En g lewoo d brochure will be similar. Mrs . Rom a ns stated that the amendment pro vided for the Sign Co d e in Se c tion 16.4-19-3 a provides for prohibited sig ns which are ere c ted after the effective date o f the Sign Code. Prohibited signs erected after the date of the Ordinan ce and h aza rd o us signs would b e required to be removed within five days of Notice. Mrs. Romans stated that these amendments are the l a st of the changes to the Ordinance of which the staff is aware . Mr . Venard said the changes had been discussed with him, and he had agreed that the Public Hearing should be held as soon as possible . v. CAPITAL IMPROVEMENT PR OG RAM. Mr. Venard called for discussion on the 1986/1990 Capital Improvement pro jec t s . Mr. Gourdin said that Highway 2 85 by Cinderella City is in disrepair and asked wh o se responsibility it is to maintain the surface. Mr. Vargas said that this is a State Highway, and he would find out what the schedule for repair is. Mr. Venard reminded the Commission that there would be little money available immediately for Capital Improvements. Mr. Vargas said that some improvements may be made with funds from the budg et. Mr . Venard said the purpose of the Program is to bring desirable projects t o the attention of the City Council and City Manager. Mr. Allen suggested that the most important improvement needed in Englewoo d is trash removal and disposal. He said that he met durin g the previous week with Mayor Otis to make recommendations on this matter . Mr. Allen had contacted DRCOG and the City of Denver, and found no studies or programs in progress. Mr. Carson suggested forwarding all the projects which were mentioned in the Memorandum to the Planning Commission from Mrs. Romans to the City Manager. These are: 1. The trash collection and conversion program. 2 . Th e Parks and Re creation Department's request for a nature cent e r , po ssibly at Belleview Park. 3. The new City Hall and the possibility of moving the Court facilities to the Police/Fire Center. 4 0 s . 6 . The parking lot at the Po lice statio n which needs redesig ning , correction o f drainage and resurfa c ing . Coo p e rating with the Ci t y of Sh e ridan in correcting drainage pro blems on South Clay Stre et. Enlar g ing the Go lf Cours e Club ho use. • I • • • • - -4 - 7 . Th e Oxford Parkwa y . Mr . Ca rso n sugg ested fur ther that trash c o llection and dispos a l be made first in prio rit y , a nd the golf cou r se cl ubho us e expansion sec ond. Discussion f o llowe d. Mr . Var g as stated that the City Man age r would need r ecommendati ons from th Plann ing Commission b y Au g ust. He said tha t the Co mmissio n mi g ht consider a r equest for $10,000 f o r further studi es on the trash collec tion and conversio n. Mr. Carson sa id that, i n hi s opinion, the go lf c o urse clubho use ne e ds me eting r ooms , locke r r ooms and a l a r ger re s t uurant. Mr. Allen d isagreed. Mr. Venard stated tha t the parking lot on the n o rth side of the Police Station may be very imp o rtant if the Po lice De pa rtment is t o remain at its present location. Mr. Carso n objec ted to the na ture cen ter at Maddox Sc hool and s aid he felt a permanent nature center sho uld be provided . Stoel moved : Ca rson seconded: The Commission forward all th~ recomend ations in th e Me mo ran dum ~xcept the construction of a n ew City Hall a n d t h moving of the court facilitiesto th e Police/Fir e Ce nter} to the City Manager. The reque st for a study of the AYES: NAYS: ABSENT: VI. trash collection and dispo s al was t o be listed as first in priority, and the others were given no o rder of priori t y. Barbre, Cars on, St oel , Gourdin, Allen, Venard . None . Be ier, Ma gnuson, McBra ye r. DIRECTOR 'S CH OI CE. Mr. Va r g as stated tha t the City Council passed the a mendme n ts t o the R-3, B-1, Design Guidelines, I-1 , Planned Development, Fen ces a nd Retaining Walls, and the Landscape Ordinance. The Council received the recomme nded B-2 ordinance, and the City Attorney will prepare it for the first reading sometime in July or Au gust. Council also amended the project area for the Urb a n Renewal Program to include the Park Floral site and the old Safeway building. The Authority is in the process of preparing a proposal for developers. Mrs . Romans stated that Councilman Bilo appreciated th e Planning Commission 's wo rk on the B-2 section of the Ordinance and asked that this appre c iatio n be expressed to the Commission members. She stated that Mr. Jha has empl oy ed an attorney to appeal the Conditional Use decision made by the Planning Commission. Whil e they will file an appeal, they would prefer that the c ase be returned to the Plannin g Commission, because the attorney is o f the o pinio n after reviewing the record, tha t the case was n ot presen ted in the best possible way. Mr. Dittemore, the attorney will ask that the fifteen- day n o tice to cease operation be withdrawn. VII. COMNISSlON'S CHOICE. None. VITl. ADJOURNMENT. • I • • - • • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION July 16, 1985 I. CALL TO ORDER. The regular meeting of the City Planning and Zoning Commission was called to order at 7:15 P. M. by Chairman Ve nard. Members present: Venard, Allen, Barbre, Beier, Carson, Magnuson, McBrayer Members absent: Stoel, Gourdin Also present: Assistant Director of Community Development Romans Senior Planner King Planner I Rothweiler City Attorney Olsen II. APPROVAL OF MINUTES. July 2, 1985 Chairman Venard stated that the Minutes of July 2, 1985 we r e to be co n -sidered for approval. Carson moved: Allen seconded: The Minutes of July 2 , 1985 be approved as written. AYES: Ve nard, Allen, Barbre, Carson NAYS: None ABSTAIN: Beier, Magnuson, McBrayer ABSENT: Gourdin , Stoel Chairman Ve nard ruled the Minutes stand approved as written. III . COMPREHENSIVE ZONING ORDINANCE CASE #15-85 §16.2 -Administration of the Ordinance §16 .3 -Procedure for Initial Zoning o f Property, Rezoning, and Changes and Amendments to the Ordinance §16.4-17 -Fences and Retaining Walls §16.4-18 -Landscape Ordinance §16.4-19 -Sign Code Chairman Venard asked for a motion to open the Public Hearing . McBrayer moved: Beier seconded: The Public Hearing on Case #15-85 be opened. AYES: Allen, Barbre, Beier, Carson , Mag nuson, McBrayer, Venard NAYS: None ABSTAIN: None ABSENT: Gourdin, Stoel The motion carried. • I • • • • • • -2- Mr. Venard stated that he has in hand a copy of the published Notice of Hearing, which was published in the Englewood Sentinel on July 3, 1985 . Mr. Venard asked Mrs. Romans, Assistant Director of Community Development, to review the proposed amendments to the Comprehensive Zoning Ordinance. Mrs. Romans stated that the proposed amendments have come about through proposals of the Planning Commission, City Council, and staff. Mrs. Romans stated that §16.2, Administration of the Ordinance, is to be amended by reinserting specific conditions for consideration by the Board of Adjust- ment and Appeals in reviewing requests for a variance to the Sign Code. These provisions were inadvert ently omitted from the Comprehensive Zoning Ordinan ce during the process of rewriting and editing. Section 16.3 , Procedures for Initial Zoning of Property, Rezoning, a n d Changes and Amendments t o th e Ordinance, is to be amended to include guide- lines to be followed for changing the text of the Comprehensive Zoning Ordinance . Section 16.4-17, Fences and Re taining Walls, is to be amended to prohibit any fences along the street side of properties in the B-1 and B-2 Business Districts. The proposed amendment would permit masonry walls no higher than 30 inches along the street sides of properties, and walls or fences no more than six feet in height would be allowed on the rear and interior side yards. This proposed provision has been previously discussed by the Commission in depth. Mr. Carson asked if there is a grandfather clause on this provision. Mrs. Romans stated that the proposal would not apply t o busin esses with existing fences along the street sides of the property. The provision would apply only to businesses installing new fences. Mr. Venard suggested the possibility of making the provisions applicable if a business changes ownership. Mrs. Romans stated that as the provisions are presently written, it would not apply , but would apply only to new fences that are installed. Maintenance provisions on fencing would apply. Section 16.4-18, Landscaping Ordinance , is proposed to be amended in several areas. There have been problems in determining the value of "property", which is the criteria c ited in the ordinance; it is suggested that this be changed to stat e: " ... which remodeling cost is equal to or exceeds 50 % of the estimated value of the PRINCIPAL BUILDING AS SUBSTANTIATED BY EVIDENCE SUBMITTED TO THE DIRECTOR. FOR PURPOSES OF THIS SECTION , RE- MODELING COST SHALL BE EQUAL TO THE SUM OF ALL PERMIT VALUATIONS OF WORK." This would remove the burden of determining the value of the "property" from the staff, and would place the value on the improvement, not on the land, with the burden to provide the valuation on the property owner/busi- nessman. The valuation of the building would include electrical, plumbing, and mechanical improvements, in addition to the structural improvements. Issuance of a Temporary Certificat of Occupancy for a com pleted building, but incompleted landscaping, is an area with which the staff has expe rienced problems. Once a Temporary Certificate of Occupancy is issued, this seems to alleviate the "incentive" to comp lete the landscaping at the next planting season or before. It ls proposed that a security instrument be required to be posted to cover the cost of th landscaping, and if the property owner does not comply with the required landscaping provisions, the City would then do so, u ing the instrument of security . • I • • • • • -3- The Planning Commission has suggested that 50% of the landscaping that i s required for the total site , be r e quired in the f r ont portion of the building site fo r commercial and industrial districts. Staff suggests th e following wording: "Minimum of 10% of total lot a rea SHALL be land- scaped, AND NOT LESS THAN 50% OF THE LANDSCAPING SHALL BE INSTALLED BE- TWEEN THE STREET LINE AND THE FRONT BUILDING SETBACK LINE, OR IN FRONT OF THE EXISTING BUILDING." Mr. Allen questio n ed the provision contained in §16.4-18 d (1) (b) (3), which states that a lien on the property by th e City would be superior t o all other liens. He asked if this would supercede a lien placed by a mortgage c ompany or a bank. He asked if the City Attorney has checked into this provision. Mr . Olsen stated that a gove rnmental agency does have the power t o assume th e first rig ht of lien on any prope rty, but this wo uld be a decision t o be made by the City Council. The City does have the police power t o declare previous liens null and void if this is the determination o f th e legislative body . Mr. Alle n asked if Mr. Olsen could give case his t o ries establishing this po wer for governmental agencies. Mrs. Romans stated that there is an additional amendment that she would like t o propose, at the suggestion of Co uncilman Vobejda , that pertaining t o the number of street tree s required per the fron tage o f a lot. Mrs. Romans stated that the suggested wording is : "IF , WHEN THE TOTAL STREET FRONTAGE IS DIVIDED BY 40 FEET, AND THERE IS A REMAINDER OF 20 FEET OR MORE, AN ADD ITIONAL STREET TREE IS REQUIRED ." This would be included as §16.4-18 c (2) (a), (b), (c), .and (e). Section 16.4-19, Sign Code , is p r oposed to be ame nd ed in several section s , also. Staff has expe rienced problems with e nfo r cing the rem oval of pro- hibited signs whi ch we r e e re cted after the Sign Code went into effect. At the present time, prohibited sign owners a re give n 180 days to r emove th e sign following r eceipt of no tice ; however, if the sign was e rected after the Sign Code went into effect , thi did not seem to be prope r, and th e Code Enforcement perso nnel has as ked that the removal time f o r such signs be limited to five days following receip t o f the notice to remove. Hazardous sign removal is also proposed to occu r within five days of r eceipt of notice rather than the exi ting 10-day removal time. Mr. Carson asked if the five day perio d would be working day or calendar day. Discussion ensued . Mrs. Romans suggested that the words "c alendar days" be added to the provi ion on removal of the signs. Mr. Venard asked if there were members of the audience who wished to ad- dress the Commission on the amendments proposed to the Comprehensive Zoning Ordinance. No member of the audienc spoke . Carson moved: McBrayer seconded: The Public Hearing o n Case #15-85 be closed. AYES: Barbre, Beier, Carson , Magnuson, McBrayer, Venard, Allen NAYS: None ABSTAIN: None ABSENT: Gourdin , Stoel The motion carried. • I • • - • • - -4- The Commission memb ers r eviewed th e propos e d amendments t o th e Comp reh e n- sive Zoning Ordin a nce . Sec tion 16.2 , Administration of the Ordinance, was approved as written in the staff report. Section 16.3, P rocedure f o r Initial Zon ing of Prope r ty, Rezoning, and Ch anges and Amendments to the Ordinance, was approved as writt en in the staff report. Section 16.4-17, Fe nces and Retaining Walls was con sidered . Mr. Ca rson asked how the Comm ission members f elt about writing in a provision that when a business o r property chan ges own ers , they must co mply with the fencing provisions . Discussion ens ued. Mr. McBrayer sugges ted that it could be an undue hardship in selling the property if a prospective pur- chaser was aware that fencing would have to be removed or replaced, or that a sign would have to be c hanged o r replaced upon co mpletion o f the purchase. This would particularly a pply t o r eplacement of retaining walls. Mr. Allen stated that he f e lt r e placeme nt o f a sign is quite different from replacement of a r et aining wall. There were no changes to §16 .4-17, Fences a n d Retaining Walls. Section 16.4-18, Lands cape Or dinance , was con sidered. The formula to be used to determine the value of the structural improvements was dis- cussed. Section 16.18 d (2) e (1) was amended t o stat e : "Minimum o f 10% of total lot area m~st SHALL be landscaped, AND NOT LESS THAN SO % OF THE LANDSCAPING SHALL BE INSTALLED BETWEEN THE STREET LINE AND THE FRONT BUILDING SETBACK LINE , OR IN FRO NT OF TilE EXISTING BUILDING." Section 16.4-18, Landscaping Ordinance , is also amended by adding th e statement: "WH EN THE TOTAL STREET FRONTAG E IS DIVIDED BY 40 FEET, AND THERE IS A REMAI NDER OF 20 FEET OR MORE, AN ADDITIONAL STREET TREE IS REQUIRED"; this stateme nt shall be added by §16 .4-18 c (2) (a), (b), (c) and {e). Section 16.4-19 , Sign Code wa s consid ered. The Commi ss ion asked that a typographical e rro r be corrected, substituting "Mail" for "Main" in §16.4-10-14 a, and added the word "CALENDAR" to: " ... r e move d within five (S) CALENDAR days of r eceipt " in Sec tion 16 .419-14 on bo th Prohibited and Hazardous Signs . Carson moved: McBray er se conded: The Planning Co mmissi o n recomme nd the f oll owing amendments to the Comprehe ns ive Zo ning Ordinance: §16.2 Administration of the Ordinance. Add: Section 16 .2-8 b (1) (c). IN PASSING UPON VARIANCES TO THE SIGN CODE , SECTIO 16 .4 -19 OF TilE COMPREHENSIVE ZONING ORDI NANCE, THE BOARD OF ADJUSTI!ENT AND APPEALS SHALL DETERMINE THAT: ( i) TiiERE ARE SPECIAL CIRCUMSTANCES OR CON DITIONS SUCH AS THE EXISTENCE OF BUILDINGS, TOPOGRAP HY, VEGETATIO , SIGN STRUCTURES OR OTHER ~1ATTERS ON ADJACENT LOTS OR WITHIN THE ADJACENT PUBLIC RIGHT-OF-W AY, WHICH WOULD SUBSTANTIALLY RESTRICT TilE EFFECTIVENESS OF TH E SIGN IN QUESTION; PROVIDED, HOWEVER , THA T SUCH SPECI AL CIR- CUMSTANCES OR CONDITIONS MUST BE PECULI AR TO THE PAR- TICULAR BUSINESS OR ENTERPRISE TO WHICH TiiE AP PLICANT DES1 RES TO DRAW ATTENTION, AND DO NOT APP LY GENERALLY TO ALL B SI NESSES OR ENTERPRISES . • I • • (H) • • • -5- THE VARIANCE, IF AUTHORIZED, WILL WEAKEN NEITHER THE GENERAL PURPOSE OF THIS ORDINANCE NOR Tl-IE REGULATIONS PRESCRIBED FOR THE DISTRICT IN WHICH THE SIGN IS LO-CATED . (iii) THE VARIANCE, IF AUTHORIZED, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE SIGN IS LOCATED. (iv) THE VARIANCE , IF AUTHORIZED, WILL NOT SUBSTANTIALLY OR PERMANENTLY INJURE THE APPROPRIATE USE OF ADJACENT CON-FORMING PROPERTY. PROCEDURE FOR INITIAL ZONING OF PROPERTY , REZONING, AND CHANGES AND AMENDMENTS TO THE ORDINANCE. Add: Section 16.3-1 d. REQUIREMENTS FOR CHANGES OR AMENDMENTS TO THIS ORDI NANCE . WHENEVER THE PUBLIC NECESSITY, CONVENIENCE, HEALTH, SAFETY, MORALS , GENERAL WELFARE, OR GOOD ZONING PRACTICE JUSTIFIES AN AMENDMENT TO ANY SECTION OF THIS ORDINANCE, AND AFTER THE AMENDMENT HAS BEEN SUBMITTED FOR CON- SIDERATION BY THE COMMISSION, THE CITY COUNCIL MAY CHANGE THIS ORDINANCE, AFTER PUBLIC HEARING HAS BEEN HELD ON THE PROPOSED CHANGE BY THE PLANNING COMMISSION AND THE CITY COUNCIL. Add: Section 16.3-9. INITIATION OF CHANGE OR AMENDMENT. a. A PROPOSED CHANGE OR AMENDMENT TO ANY SECTION OF THIS ORDINANCE MAY BE SUBMITTED BY THE CITY COUNCIL , THE COMMISSIO N, OR THE BOARD OF ADJUSTMENT AND APPEALS OR UPON THE RECOMMENDATION OF THE CITY STAFF. ANY PROPOSED CHANGE OR AMENDMENT TO THIS ORDI- NANCE SHALL BE SUBMITTED TO THE PLANNING AND ZONING COMMISSION FOR ITS EXAMINATION AND RECO~WENDATION BEFORE CONSIDERATION BY THE CITY COUNCIL. b. CHANGING THE ORDINANCE. (1) COMMISSION SHALL MEET . THE COMMISSION SHALL MEET TO CONSIDER PROPOSED CHANGES OR AMENDMENTS TO THIS ORDINAl CE AT SUCH THIES AND PLACES AS ESTABLISHED BY RULES AND RECULATIO S OF THE COMMISSION, AND AFTER PUBLIC NOTICE OF HEARING. (2) ADOP TION OF RECOMMENDATIONS . AFTER THE COMMISSION HAS CONSIDERED THE PROPOSED AMENDMENT OR CHANGE, AND HAS SUBmTTED ITS RECOMMENDATIONS TO THE COUNCIL THE COUNCIL MAY ADOPT BY ORDINANCE THE PROPOSED ~~ENDMENT OR CHANGE AFTER A PUBLIC HEARING THEREON AS SET FOR TH IN SECTION 16.2-10 a . (3) DISAPPROVAL OF CHANGE . IN THE EVENT THE COMMISSION DISAPPROVES A CHANGE IN THIS ORDINANCE, A REPORT • I • • Section 16.4-17 • • • -6- THEREON SHALL BE MADE TO THE CITY COUNCIL. THE CITY COUNCIL SHALL THEREUPON REVIEW THE RECOMMENDATION AND REPORT OF THE CITY PLANNING AND ZONING COMMISSION AND MAY, AFTER PUBLIC HEARING, MAKE SUCH CHANGE IN THIS ORDINANCE . Fences and Retaining Walls . Change: Section 16.4-17 d: Fences i n busines s districts shall confo rm to the following requirements: 1 . FeRees-skell-be-e£-~±ass-l,-~,-3,-4,-eP ~.-&H~-shell-fte~-eHeeee-~ke-ke!gk~-ef s!H-fe}-fee~~ FENCES OF CLASS 2 , 3, 4, OR 5 SHALL NOT BE PERMITTED ON THE STREET SI DE OF ANY PROPERTY. FENCES OF CLASS 1 ON THE STREET SIDE SHALL NOT EXCEED 30 INCHES IN HEIGHT. THIS PROVISION SHALL NOT APPLY TO EDUCATIONAL INSTITUTIONS. FENC ES IN THE REAR YARD OR INTERIOR SIDE YARD MAY BE OF CLASS 1, 2, 3, 4 , OR 5 AND SHALL NOT EX CEED SIX (6) FEET IN HEIGHT. Section 16.4-18 Landscape Ordinance . Change: Section 16.4-18 b (1). Thes e r egulations ZONE DISTRICTS t o ANY CHANGE IN USE OR any ne to any property on whi ch the principal buildin which remodeling cost is equal o or xc ed SO ~BPke~ value of the pPepePty, ift ~k ie ew d {e}--Res!eeRtial-Bistrie~~---l-A,--l-,--l-e,---~,--, -2-, R-2-~~&PS 0 -R-3 0 -afte-R-4T {8}--~eMMere!al-Bistrie~s~--8-l-a fte-8 -~T {e}--lReHs~Fial-BistPie£s~--f-l-aRe-f-~T PRINCIPAL BUILDI NG AS SUBSTANTI ATED BY EVIDENCE SUBMITTED TO THE DIRECTOR. FOR PURPOSES OF THIS SECTIO , REMODEL! G COST SHALL BE EQUAL TO THE SUM OF ALL PE~~IT VALUATIONS OF WORK . Add: Section 16.4-18 c (2)(a), (b), (c), (e): WH.E:N TilE TOTAL STREET FRONTAGE IS DIVID ED BY 40 FEET, AND THERE IS A REMAINDER OF 20 FEET OR MORE, AN ADD ITIONAL STREET TREE IS REQUIRED . Change: Section 16.4-18 d (l) (b). The Landscaping Plan shall be reviewed by the Planning Division , and if the proposed landscaping com plies with the r equirements of this Ord inan ce , it shall b e approved . All landscape improvem e nts indicated on or contained in an approved site plan shall be com pl e t ed prior to issuance of a Certificate of Occupancy. HeweveP 0 (1) If all conditions n ecess ary for issuance of a Certificate of Occupan cy are met exce pt landscape improvements, and the reason for not fini shing the landscape improvements is be- cause completion of construction occurred o utside of a planting season, a Temporary Certificate of Occupancy will be issued AS PROVID ED FOR HEREIN. In this situation, all landscape • I • • n • • - -7- improvements must be completed by the next planting season within a time frame es tablished by the Director. BEFORE THE TEMPORARY CERTIFICATE OF OCCUPANCY SHALL BE ISSUED , A SECURITY INSTRUMENT NAMING THE CITY AS BENEFICIARY SHALL BE FILED WITH THE CITY, WHICH SECURITY INSTRUMENT SHALL REQUIRE THE INSTAL- LATION OF ALL LANDSCAPE IMPROVEMENTS WITHIN THE TIME FRAME ESTABLISHED BY THE DIRECTOR. THE SECURITY INSTRUME NT SHALL FURTHER PROVIDE THAT IT SHALL BE IN FULL FORCE AND EFFECT FOR ONE YEAR AFTER THE TIME FRAME ESTABLISHED BY THE DIRECTOR OR UNTIL THE LANDSCAPING HAS BEEN COMPLETED. SHOULD ACTION BE COMMENCED TO ENFORCE THE LANDSCAPING REQUIREMENTS, THE SECURITY INSTRUMENT SHALL CONTINUE TO BE IN FULL FORCE AND EFFECT UNTIL THE IMPROVEMENTS ARE COMPLETED. FURTHER , THE SECURITY INSTRUMENT SHALL PROVIDE FOR THE PAYMEN T OF ALL ATTORNEY FEES, COLLECTION FEES AND EXPENSES OF THE CITY IN ENFORCING THE LANDSCAPING REQUIREMENTS. THE AMOU NT OF THE SECURITY INSTRUMENT SHALL BE NOT LESS THAN TWICE THE VALUE OF TI1E LANDSCAPI NG IMPROVEMENTS . THE FORM OF THE SECURITY INSTRUMENT AND ITS TERMS SHALL BE APPROV ED BY THE DIRECTOR BEFORE AC CE PTAN CE BY THE CITY. (2) TO PROVID E THE SECURITY INSTRUMENT, THE PROPERTY OWNER MAY DEPOSIT WITH THE CITY CASH IN ESCROW, CERTIFIED FUNDS, OR AN IRREVOCABLE LETTE R OF CREDIT , IN A FORM ACCEPTABLE TO THE DIRECTOR. THE PAYEE OF SAID FUNDS SHALL BE THE CITY, AND THE FUNDS SHALL BE COLLECTABLE BY THE CITY BY THE CITY 'S GIVING TEN (10) DAYS WRITTEN NOTICE TO THE PART Y GIVING THE INSTRUMENT AND THERE AFTER EXECUTING ON THE INSTRUMENT . (3) THE OWNER(S) OF THE REAL PR OPERTY, ON PROOF OF OWNERS HIP AND CONSENT OF ALL HAVING A SECURITY INTEREST IN THE PROP- ERTY , ~~y PLACE A LIEN ON THE PROPERTY IN FAVOR OF THE CITY , WH101 LIEN SHALL BE SUPERIO R TO ALL OTHER LIENS AND ENCUMBRANCES. THE FORM OF THE LIEN SHALL BE AS APPROVED BY THE DIRECTOR AND SHALL PROVIDE FOR THE PAYMENT OF ATTORNEY FEES AND COSTS OF COLLECTION IN THE EVENT THAT ENFO RCEMENT IS NECESSARY . THE OWNER CONSENTS , IN GIVING THE LIEN, THAT REASONABL E EXPENSES MAY EXCEED THE VAL UE OF THE LANDSCAPING REQUIRED. (4) IN ACCEPTING A TEMPORARY CERTIFICATE OF OCCUPANCY, THE OWNER IS CONSENTING AND ACKNOWLEDGING THE AUTHORITY OF THE CITY TO PERFORM THE LANDSCAPING REQUIREMENTS ON THE PROPERTY AND TO EXECUTE ON THE SECURITY GIVEN BY THE LAND OWNER. Section 16.18 d (2) e (1). Minimum of 10% of total lot area m~~~ SHALL be landscaped, AND NOT LESS THAN SO % OF THE LANDSCAPING SHALL BE I STALLED BETWEEN THE STREET LINE AND THE FRONT BUILD ING SETB ACK LI E, OR IN FRONT OF THE EXISTING BUILDING. Section 16.4-19 Si gn Code . Chang e : Section 16 .19-3 a . Permit Re qu i red. It shall be unlaw ful to display, erect , construct, relocate or alter (except for copy changes), any sign without first filing with th e Department a n application in writing, paying applicable fees, and obtaining • • I • • • • • - -8- a sign permit, except as provided in Section 16 .4-19-5 and Section 16.4-19-7 of this Ordinance. IF A SIGN HAS BEE N DIS- PLAYED, ERECTED, CONSTRUCTED, RELOCATED OR ALTERED WITHOUT SUCH PERMIT OR NOT IN ACCORDANCE WITH THE TERMS OF SUCH PERHIT, THE SIGN MUST BE REMOVED WITHIN FIVE (5) DAYS OF OFFICIAL NOTICE. When a sign permit Change: Section 16.4-19-14 Prohibited , Hazardous and Abandoned Signs - Enforcement Procedures. a . Notification of Unlawful Signs. Notice shall be given by Certified Mail or personal service to the owner or lessee of such unlawful signs and to the owner of the property on which such unlawful signs are located. Prohibited signs IN EXISTENCE BEFORE THE EFFECTIVE DATE OF THIS ORDINANCE, as described in Section 16.4-19-8 shall be declared a nuisance by the Department. The notice shall require that prohibited signs SHALL be brought into con- formance with this Ordinance or be removed within one hundred eighty (180) days after the notice has been r eceived. Signs EXISTING BEFORE THE EFFECTIVE DATE OF THIS ORDINANCE WHICH ARE prohibited in Section 16 .4-19-8 d, j , and 1, shall be removed within three (3) years from the date the notice is received. PROHIBITED SIGNS ERECTED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE REMOVED WITHIN FIVE (5) CALENDAR DAYS OF RECEIPT OF OFFICIAL NOTIFICATION FROM THE DEPARTMENT. This Section shall not be a~plied to require th e r emoval of any sign for which it is lawfully required , by Federal o r State Constitution or statute, that compensation be paid by the City for sign removal, unless the City elects to pay any compensation lawfully required. Hazardous signs are those which, by reason of inadequate maintenance, dilapidation, or obsolescence, create an im- minent hazard to public health, safety, or welfare, as declared by the Department; those igns are further declared a nuisance and shall not be display ed or erected within the City . The notice shall require hazardous sign removal within ~en-{lQ} FIVE (5) CALENDAR days. Signs abandoned .... AYES: Beier, Carson, Hagnuson, McB rayer, Vena rd, Allen, Barbre NAYS: None ABSTAI N: None ABSENT: Gourdin, Steel The motion carried. IV. SUBDIVISION WAIVER 2701 South Santa Fe Drive CASE 1113-85 Mr. David Jeffrey, applicant, was present and addressed the Commission. Mr. Jeffrey stated that he and Mr. David Rasmussen own the property at 2701 South Santa Fe Drive, and have asked for a waiver from the require- • I • • • • • .. • -9- ment of filing a Subdivision Plat for this property. They wis h to co n- struct a wa reho use and sales area for electrical equipment. Mr. Allen pointed out that South Santa Fe Drive is to be widened and im- proved by th e State Highway Department; he asked if there will still be access to this property from Santa Fe Drive following the widening and improvement. Mr. Jeffrey stated that they will have access from South Santa Fe Drive by an acceleration /deceleration lane; they do have ap- proval and a permit for such access from the State Highway Department. Mr. Jeffrey stated that there are no turning restrictions imposed on the access at the present time, but sometime before 1990, he understands that left-turning mov e ments may b e restrict e d . Mr . Venard aske d if the staff had any th ing to add to this discussion . Mrs. Romans stated that the staff had nothing to add; there will be no benefit served t o require the preparation of a subdivision plat by the applicant, and the staff r ecomme nds approval of the request. Mr . Venard asked if anyone els e in the audience wanted to spe ak on t he Subdivision Waiver. No o ne addressed the Commission. Carson moved: McBrayer seconded: The Planning Commission a pprove the r eq uest for a wa ive r to the Subdivision Regulations as requeste d by J . R. Properties for property at 2701 South Santa Fe Drive. AYES: Ca rs on, Mag nus on , McBrayer, Vena r d, Allen, Barbre, Beier NAYS: None ABSTAI N: No ne ABSENT: Gourdin, St oel Th e motion carried . V. COMPREHENSIVE ZONING ORDINANCE Sat ellite Dishes CASE 1119-85 Mrs . Romans introduced Mary Alice Rothweiler, Planner I in the Department of Community Dev elopmen t, to the members of the Commission. Mrs. Rothweiler has researched the issue of Satellite Dishes, and prepared the report and proposed regulations before the Commission this evening. Mrs . Rothweiler introduced Charlie Ergen, president of Echosphere Corpora- tion. Mrs. Rothweiler reviewed the background information she has col- lected on satellite dishes. Mrs . Rothweiler stated that she discussed this issue with three or four dealers who insta ll satellite dishes, and also talked to staff persons in other comm unities t o determine what they are doing in regard to satellite dish installations. I n response to a question from Mr . Beier, Mrs. Rothweiler stated that Aurora has passed an ordinance governing the installation of satellit e dishes; Westminster is in th e process of adopting regulations for satelli t e dishes, and Arvada is looking into the possibili ty of adoptin g r egulations on satellite dishes. Lakewood i n ot doing anything about the satellite dish installa- tion issue at this point in time. • I • • • • • - -10- Mrs. Rothweiler pointed o ut that t h e FCC has pre-empted local zoning for satellite r eceive-only e arth statio n antennas, and has determin e d that local co mmunit ies ma y control d i sh an tenna zoning only as it perta ins to health, saf e ty, o r a es thetic obj e c tives . Mr. Erge n sugge ste d that the Co mmissi on might want to avoid restricting satellite dish installatio ns t o a specific number per block. He pointed out that restric tions on the sate llit e dish installations vary around the nation, with the western part o f the U. S. less restrictive than the eastern part of the country. Mr. Ergen pointed out that with the satellite dish installation, a homeowner could receive over 100 channels on TV; there could be s ome c hannels that would be "scrambled", but a decoder can be purchased. He po inted o ut that in a metropolitan area with a good cable system, there may not be that much interest in the satellite dishes, and that h e s e lls 90 % of his s y stem to users in rural areas. He noted that satellite dishe s impro ve r e c e ption in mountain communities where rec e iption of regular chann e ls and cable is poor. Mr. Carson stated that h e has a satellite dish, and receives 158 channels; he purchased his dish b ecaus e he was dissatisfied with the service provided by cable. He ask ed wh a t co l or dis h an d what type dish gives the best reception. Mr. Er gen st ated that a light co l o r dish gives the best reception, but on e o f the pro blems is that the dish is "manufactured" in that specific colo r, s o i t is n o t e as y t o c hange or repaint. Mr. Ergen stated that more me s h or "scr een" ante nnae are being sold than the solid dishes; the mesh d ish e s do n o t r e fl ect as much heat as the solid dishes, and people f i nd they c an hav e the m in dark e r c olors. Mr. Carson asked ab ou t he i ght r e stric tio ns o n the solid antennae. Mr. Ergen st a t e d tha t if a so lid dish we r e t o b e installed atop a house, he would recommend that a n Eng in eer's Cert ificat e b e submitted certifying that th e h ouse a nd r oo f i s s tructu r ally s o und t o support the weight of th e dish. Mr. Er gen sugges t e d tha t a n En g in eer's Certificate should be require d f o r bo t h solid and me s h dish i n stal lation ato p a struc ture. Mr. Er gen sug gested that an ordinance migh t be drafted which wo uld re- stric t the installatio n of satellite dishes to r ear o r side yards. He advis ed again t re tricting the iz of the dis h es , n o ting that th e s ize of di shes in the future will be considerably smaller t h an th ey a r e no w. Mr. Ergen stated that he would be happy to look at pro po s e d r egulations and to refer them to legal advi er in Wa hington fo r revi ew pr ior to the Commission recommendation to Council . Mr. Venard s u ggested that prior to etting a date for a Publi c He aring , he felt the Commission should tudy the issue more t ho r o ughly , and r e view t h e backgroun d material presented by Mr . Rothweiler and also revi ew th e p r oposed restr ictions that hav be n prepared. Mr . Ve nard stated that he wa nted to commend Mrs. Rothweiler for the repo rt she has prepared. Mr. Mc Braye r discussed problems in c iting atellit e dishes for houses abutting p r oper ty that has an "alley" hou e if the lo cation is restri c t e d to t he r ear or side yard. Mr. Mc Br a ye r also disagreed with stating th re is a "carte blan ch e " 25 foo t height on th e i n stallatio n. He f elt th heigh t s hou l d be in p roportio n t o t h e height of t he house . Height limitation fo r dish installatio n we r e dis - cussed . Mr . Ergen stated that if a homeowner has a two-stor y ho u se , t he 25 • I • • • • • -11- feet height limitation is a pplicable . Th e pole t o support a 25 f o ot high dish would h ave to be attached t o the hous e ; it could not b e fr ee-standing. A typi c al syst e m co uld be on an eight foot pole, which would be sunk in the earth, and wo uld be above ground approximately three and one-half t o four feet. Mr. McBrayer asked why the height is listed to the "top of the po le", and not th e top of the dish if the dish is to be situated o n t o p o f the pole; this adds additional height. Mrs. Rothweiler stated that a ho me - owner who may want to c hang e the dish would not be apt to change th e po l e . Discussion e nsued. Mr. Ergen stated that he felt the Commission could put restrictio n o n free-standing poles that would bring the height into relation t o th e h e ight of th e structure on the site . Mr. McBrayer stat ed that discussion has been on dishes with 10 f oo t dia- me ter, y et th e pro pose d r e striction of (2)(v) is a dish ove r 36 in c hes in diameter shal l n o t b e mo unted on the roof of a residential structure. ~lr . Ergen stated that i n t o day 's technology, nothing at the 36" siz e wil l pro- vide much o f a picture ; this is aimed for future dish size s. Mr . Mc Brayer que stioned if this p r o v i s io n is useless today, why it is b e ing inc lude d . Mr. Beier pointe d o ut t hat consideratio n will h av e t o b e give n t o t h e problems caus e d by o ve r head tele phon e a nd e lectri c al l i n es , a s we l l as lines in th e a lle ys. Mrs. Rothweiler stat e d that in discussing this with the Buildin g and Safety division, the Chi e f Building Inspe cto r had indicat e d h e wo uld pre- fer that no permit syst e m be require d f o r the installation o f su ch dishes. At present, no buildin g permits are required to install a sate llite dish. Mr . Ergen stated that overhead lines will not affect th e r ece ption, but they should not hit th e dish, e ith er. Mr. McBrayer stat e d that if no p e rm i ts are r e quire d t o install a sa t e llite dish, there is no wa y t o d e t ermin e if t hey wo uld comply wi th t he ordinan ce . He qu e stio ned wh y an ord inan ce con trollin g t he installation of the s at ellit e dishes wo uld be writte n, if permits fo r t he instal lation would not be re- quired . Mr . Ca rs o n s t ated that he is of th e opinion t hat pr operty owne r s s h oul d have t o get a permit t o i n stall the satell ite dishe s. Mr . Ve n a r d asked if the term "Engineer's Ce rt ificate " i sufficient t o cover the Commi sion's concerns. Mr . McBrayer stat ed that thi is a standard phrase used throughout the building i n dustry , and did not ee any problem . The members of the Co mmission expressed t hei r a ppreci a t ion to Mr. Er gen fo r his atten dance . The staff was a s ked to look at th e proposed reg ulatio ns i n light of the co n cerns exp r esse d by th e Co mmis s ion a t this mee ting , a nd to re po rt back to the Commiss i on a t a f u t u re mee ting. Hr s . Roma ns sug- gested that this issue will be placed o n the age nda f o r the n ext meet ing . VI . RIGHT-OF-W AY VACATION Miramonte Road CASE 11 17-85 Mr . San fo r d Metze!, applicant , stated tha t he is requesting t he vacation of Mi r amonte Road south of Belleview Av e nu e . The street serves no public • I • • • • • -12- purpose, and bisects property that he has assembled for development. Mr. Metzel introduced Mr. Doug Wagner, architect, and asked that Mr. \~agner make the presentation to the Commission. Mr. Wagner displayed an aerial photo of the properties assembled by Mr. Metze!, with the right-of-way for Miramonte Roa d shown as it bisects the properties. There is an eight-inch water line in Miramonte Road, which must be retained in a 20-foot easement until such time as the location of the water line can be determined. Mr. Wagner stated that Mr. Metze! has agreed to dedicate a 20-foot easement for the water line in the vacated right-of-way, with the stipulation that the easement will be vacated upon the relocation of the water line and the new easement con- veyed to the City. Mr. Allen asked the location of this property in relation to the K-Mart Store. It was noted that this property is immediately west of K-Mart. Mr. Carson asked Mr. Wag o ner if he has read a copy of the staff report, and if he and the applicant agre e with the staff recommendation. Mr. Wagner stated that he and Mr. Metze! have read the report, and do agree with the recommend ation; th ey will work with the Utility Department to resolve the issue on the water line relocation. McBrayer moved: Magnuson seconded: The Planning Comm ission recommend to City Council that right-of-way for Miramonte Road be vacated; that a 20-foot easement for the water line be dedicated to the City of Englewood by Mr. Sanford Metze! before the vacation is fact . AYES: Magnuson, McBrayer, Venard, Allen, Barbre, Beier, Carson NAYS: None ABSTAIN: None ABSENT: Gourdin, Steel The motion ca rried. VII. PUBLIC FORUM. No one was present to addre s the Comm ission. VIII . DIRE CTOR 'S CHOICE . Mrs. Romans sugge sted that the satellite dish ordinance b e considered at the me et ing o f August 20, inasmuch as Mrs. Rothweiler will be out of the office on August 6 . Mr. Venard stated that there was no problem on the Augu t 20 dat e . Mrs. Romans gave members of the Comm ission copies of Council Bill No . 54, Series of 1985, wh ich was co nside r e d by City Co uncil at the meeting of July 15. This wo uld put to a vote of th e qualified electors of the City the questio n regarding the means of r sidential trash pickup in the City. Discussion ensued . Mr. McBra yer tated that he had been in Florida for the last tw o months, and at Key West , they have a "solid wast e impact • I • ( • • • • -13- fee" which is paid as part of a building permit. This s oli d waste impact fee cost him $500 when he obtained a building permi t for a house he is building in that community . The cost of this fee is a formula based o n the number o f bedrooms, bathrooms, and ki tche ns, but passes on to the developer a proportio nate cost of handling the refuse to be generated by the d evel opme nt. Mrs. Romans stated t hat the amendments to the B-2 Zone District regarding used car lots was referred to City Cou n cil; this issue was tabled until the meeting of Au gust 5, 1985. Mrs. Romans r eminded Commission membe rs of the tour scheduled for July 27 at 7:30 A. M. Members of the Ci t y Cou ncil have been invited to go on this tour also. This will be to view the areas o f zoning concern that have been discussed by the Commi ssion, and also t o view areas that might be considered for annexation. Mrs . Romans stated that she has arranged for the group to stop a t "Unique Mobility", a business located at West Kenyon Av e nu e and South Jason Street, which busin ess manufactures electric cars, does work on defense contracts, e t c. IX . COMMISSION'S CHOICE. Mr. Allen stated that Mr. Carson has received additional information from DRCOG on th e trash problem. Mr. Carson stated t hat he had received the information earlier on this date, and has not had an opportunity to rea d the information. Mr. Allen discussed his concern with the proposed Amendment No. 2, con- tained in Co uncil Bill No. 54, Series of 1985 . He noted that this may not be the route the Commi ss ion determines to recommend. Mr. Magnuson stated that he felt it was a step i n the right direction. Fu rther dis- c ussion ensued. Mr . Ve nard stated that this procedure will g e t the situa- tion before the public eye. Mr. Allen reiterated that the procedure o ut- lin ed in Amendment #2 may not be what the Commi ssion determines t o recom- mend , and will fall short of what needs to be done to properly address the problem . Mr. Venard noted that the Commission has received copies of Minutes from the Englewood Downtown Development Authority in response to a request from the Commission . The meeting adjourned at 9:15 P. M. • I . ( • • URBAN RENEWAL AliTHORITY July 3, 1985 I. CALL TO ORDER . The regular meeting of the Englewood Urban Renewal Authority was called to order by Chairman Robert J. Voth at 5:30 P. M. Members present: Voth, Minnick, Neal , Tot ton, VanDyke Mcintyre, No nvot ing Alternate Member Powers, Ex ecutive Director Members absent: Cole , Novicky Also present: Hinson, Assistant Di r ecto r II . APPROVAL OF MINUTES . June 5, 1985 June 13, 1985 Chairman Voth stated that Mi nut es of June 5, 1985 and June 13, 1985 were to be considered for approval. Minnick moved: VanDyke seconded: The Minutes of June 5, 1985 and June 13, 1985 be approved as written. AYES: Minnick, Neal , Totton, VanDyke , Voth NAYS : one ABSTAIN: None ABSENT: Cole, ovicky The motion c arried. III. OPERATING AGREEMENT SUPPLEHENT . Ms . Powe rs stated that in February, 1983 , an agreement to define staff r lationship. and responsibilities for the Redevelopment Project between the Urban Renewal Authority and City of Englewood was approved by the City Council. I . Powers stated that a question has arisen as to whether the Englewood Parkway is a "City" project, or an "Urban Renewal Authority" project. To further clarify the responsibilities related to utility re- location, the operating agreement is proposed to be supplemented to state that the City , utilizing applicable sections of the franchise agreements with utility companies , is responsible for the relocation of utilities as needed to implement the Downtown Redevelopment Project. This sup- plement to th e Operating Agreement, which was prepared by legal counsel Paul Bcnedettt, wa approved by the City Council at their meeting on July 1. M~. Po w rs stated that City Attorney Olsen has reviewed the pro- posed supplem~nt to the Operating Agreement, and has stated that in his opinion , th f ranchise agreement will apply to this, thereby placing the rc. pon. 1 lil itv of paying for utility relocation for flood control projects and publi,· improvements on the utility company, not the Authority . • I • • • • ,. • -2- Minnick moved: Neal seconded: The Urban Renewal Authority approve the supplement to the Operating Agreement dated July 1, 1985. AYES: Minnick, Neal, Totton, VanDyke , Voth NAYS : None ABSTAI N: None ABSENT: Nov icky, Cole The motion carried. IV. REQUESTS FOR PROPOSALS. Ms. Powers discussed a schedule proposed for the receipt of Requests for Proposals on development of the area recently added to the redevelop- ment project area south of U. S. 285. RFP's are being requested for only a portion of this area at this time . A draft copy of the Offering State- ment is also included in the packet for the information of the Authority. The Authority will advertise for Proposals in the Denver Post and ~ Mountain News, in addition to letters which will be sent to a number of large developers. This list of developers has been compiled from recent staff contacts, and from those who responded to the previous Requests for Proposals. Ms. Power reviewed very preliminary cost and rev enue estimates on the pos ible redevelopment of this area. Discussion e nsued. Ms. Powers and Mr. Hinson stated that developers are being asked to respond to the req uest fo r proposals by July 26th, and following evaluation by staff would be submitted to the Urban Renewal Authority at their regular meeting of August 7. Mr. Voth noted that he would be out of town from August 5 through August 13. Ms. VanDyke asked about the possibility of a meeting on Thursday evening, inasmuch as she has been working most Wednesday evenings in recent weeks. V. RELOCATION PAYMENTS. Western Union Mr. Hinson stated that Western Union Telegraph Company has filed written notice of the intent to appeal the Authority determination and award of relocation expenses made at the June 6, 1985 meeting. A full written appeal will be submitted within 30 days of the date of the notice to appeal . VI. RELOCATION PAYMENTS. Waddell Music Group Mr. Hinson tated that Waddell Music Croup has submitted a claim of $3,069.95 for the reprinting of obsolete materials. Staff has analyzed and verified the request, and recommends payment of $2,963.93. Price tags which did not indicate either the former address or the new address were not determined to be obsolete, and are not compensable • • I • • ( • • • • -3- Mr. Hinson stated that Mr. Waddell has also submitted a letter requesting an extension of the six-month filing deadline for relocation claims on advertising expenses . Hr. Waddell's contention is that he was not aware of the six-month deadline until notified in writing by former Relocation Officer Belnap. Mr. Waddell further contends that their largest influx of new and one-time customers is during the fall school band rental pro- gram, which occurs between late August and early October, and they want to do heavy advertising during that period of time . Mr. Hinson stated that in reviewing the files on the Waddell Music Group, it is evident that ~lr. Waddell was notified several times of the filing deadline by Ms. Belnap. Mr . Waddell has been advised, by Mr. Hinson, of the consensus of the Authority on past requests f o r filing deadline extensions that the six-month time limitation is adequate and should be adhered to. Mr. Hinson stated that in the opinion of the staff, Mr. Waddell did receive notice on more than one occasion of the forthcoming filing deadline, and did not pursue the filing of his claim in a timely manner . Hr. Neal stated that he did not feel the intent of the money for advertising expenses is to bring in new or one-time customers, but to notify present customers of a change in location; he stated that in his o pinion, the ad- vertising campaign proposed by Mr. Waddell is at cross-purposes with the intent of the advertising reimbursement from the Authority. Minnick moved: Neal seconded: The Urban Renewal Authority approve payment of $2,963.93 to Waddell Music Group for reprinting of obsolete material; this is the final payment which will be made to this busi- n e ss. AYES: Neal , Totton, VanDyke, Voth, Minnick NAYS: None ABSTAIN: None ABSENT: Novicky, Cole The motion carried. Mrs. Cole entered the meeting at 6:05 P. M. Mr. Neal asked if previous payments had been made to the Waddell Music Group. Mr. Hinson stated that previous payments have been made in the amount of $22 ,182 .55. This latest claim was submitted on April 24, 1985, but supportin g documentation was not submitted with the claim, and was only b r ought ln for staff review within the past week. VII. FINANCIAL REPORT. Ms. Powers discussed th e financial report for the past month, noting that there are two n ew pages of the report which replace one of the pages con t ained in the packet. Ms . Powers discussed the statements from the First National Bank, trustee o n the bond issue. Ms. Powers pointed out that the Authority should keep in mind that a payment in the amount of $1 ,600,000 is due in 1987 . • I • • • • • - -4- VIII . ENGLEWOOD PARKWAY. Bid Package 112 Ms. Powers stated that Ms. Ragland, Civil Engineer, has submitted a memo pertaining to contracts for inspection, testing and construction services need ed in conjunction with the construction of Englewood Parkway . Staff recommends awarding the co ntracts to the companies as set forth by ~Is . Ragland, for a t o tal not to exceed $1 30,000. Actual construction on the Eng lewood Parkway will begin on Monday, July 8, 1985. Tot ton moved : Minnick seconded: The Urban Renewal Authority approve the construction services contracts with the following companies: Muller Engineering (road, storm sewer) EDAW (landscaping irrigation) RMH Group (electrical) Transplan (traffic controls) CTL Thompson (quality co ntrol testing) Western States Surveying (construction staking) $ 55,000. $ 8,833. $ 1,900. $ 7,500. $ 13,355. $ 29,243. The t otal amount for construction services contracts shall not exceed $130,000 . AYES: Totton , VanDyke , Voth, Cole , Minnick, Neal NAYS: None ABSTAIN: None ABSENT: Novicky The motion carri ed . IX. CONSTRUCTION REPORT. Ms. Powers stated that Ms. Ragland has submitted a mo nthly construction report on Englewood Parkway. Final inspections were co nduct ed on the sanitary sewer, waterline, box culvert and storm sewer construction in early June. Work on punch list items resulting from these inspectio ns ha been completed, and the contractor has moved off the site . Hr. Vo th discussed some concerns that had been expressed to him regard ing th proposed clos ur e of South Cherokee Street to all motorists except Bank patrons. He stated that there are at least three businesses that will be denied access if this r oad blockage is permitted as ou tlined to him. Hr. Hinson outlin ed the street closure as it has been explained to him, noting that the only access to the bank will be o ne lane along the extreme eastern portion of the street. Discussion ensued. Mr. Hinson was asked to verify the pattern of street closure on South Cherokee Street with Civil Engineer Ragland. X. LAND ACQUISITION. Ms. Powers stated that ther are everal things that need to be discus ed in Executiv Session . • I • • ( • • • -5- Minnick moved: VanDyke seconded : The Urban Renewal Authority go into Exe cut i ve Ses sion. AYES: Totton, VanDyke , Voth, Cole, Minnick , Neal NAYS: None ABSTAIN: None ABSENT : Novicky The motion carried . * * * * * Minnick moved: VanDyke second ed : The Urba n Renewal Authority come out of Executive Session. AYES: VanDyke, Voth , Cole , Minnick, Neal, Totton NAYS : None ABSTAIN: None ABSENT: Novicky The motion carried. VanDyke moved: Minnick seconded : The Urban Renewal Authority adopt Resolution #11, Series of 1985 , A RESOLUTION OF THE URBAN RENEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE AS DETERMINED BY JUSTIN H. HAYNES & CO . FOR THE PROPERTY AT 1090 WEST HAMPDEN AVENUE, ENGLEWOOD, COLORADO 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATI ONS TO ACQUIRE SAID PROPERTY BY THE URBAN RENEWAL AUTHORITY. AYES: Voth, Cole , Minnick , Neal , Totton, VanDyke NAYS: None ABSTAIN: No ne ABSENT: Nov icky The motion carried . Minnick moved: To tton seconded: The Urban Renewal Authority ad op t Resolution #12, Se ries of 1985, A RESOLUTION OF THE URBAN RE NEWAL AUTHORITY ASSERTING THAT THE APPRAISED VALUE AS DETERMINED BY JUSTIN H. HAYNES & CO. FOR THE UN- IMPROVED PARCEL ON THE NORTH SIDE OF ITHACA AVEN UE BETWEEN SOUTH JASON STREET AND SOUTH INCA STREET, (PPI #20 77-041-02-013), ENGLEWOOD, COLORADO 80110 IS THE FAIR MARKET VALUE OF SAID PROPERTY, AND DIRECTING THE AUTHORITY'S NEGOTIATOR TO USE SAID FAIR MARKET VALUE AS THE BASIS OF NEGOTIATIONS TO ACQUIRE SAID PROPERTY BY THE URBAN RENEWAL AUTHORITY. AYES: Cole, Minnick, Neal , Totton, VanDyke, Voth NAYS: None ABSTAIN: None ABSENT: Novicky I • • • The motion carried. Totton moved: VanDyke seconded: • • • -6- The Urban Renewal Authority reaffirm their counter offer of $110,000 to Mr. Ed Dinkel for purchase of property at 3434 South Acoma Street, and to reject Mr. Dinkel's counter offer of $125,000. AYES: Minnick, Neal, Totton, VanDyke, Voth, Cole NAYS: None ABSTAIN: None ABSENT: Novicky The motion carried. Mr. Gary Ritchie entered the meeting, and was introduced by Ms. Susan Powers. Mr. Ritchie is the agent for the Park Floral property owner, and wants to obtain a copy of the Request for Proposal. Ms. Powers stated that she had met with the downtown Broadway merchants earlier on this date at the EDDA offices to discuss the beautification program for South Broadway. Merchants were given until next Friday to submit comments on the proposal. Ms. Powers stated, in answer to questions from the Authority, that the street lighting and street plantings will be exactly like that proposed for the Englewood Parkway. The meeting adjourned at 7:15 P. M. - • I . • • • - URBA.l>< RENEWAL AUTHORITY July 31, 1985 I. CALL TO ORDER. TI1e Special Meeting of the Englewood Urban Renewa l Authority wa s called t o order at 6:15 P . M. by Chairman Robert J. Voth. ~!ember s present: Novicky, Totton, Voth , Cole , Minnick Powers, Executive Director Hembers absent: Neal , VanDyke Mcintyre, Non-voting Alternate Also present: Wm. R. Hinson, As sis tant Direct o r II. LESSOR'S INTEREST IN LEASE Resolution #14, Series of 1985 Ms. Powers discussed the need to acquire th e lessor's interest in the lease at the present King Soopers site t o enable t he relocation o f the supermarket to the new premises in Trolley Square. A proposed resolu- tion, which establishes a fair market value for the interest, authorizes negotiations to acquire the interest, and authorizes condemnation if necessary, has been prepared for the consideration of the Authority. Discussion ensued. Totton moved: Cole seconded: The Urban Renewal Authority adopt Resolution #14, Series of 1985, A RESOLUTI ON OF THE URBAN RENEWAL AUTHO RITY ESTABLISHING A FAIR MARKET VALUE FOR THE INTEREST OF THE LESSOR IN THE LEASE BETWEEN J. S . DILLON & SONS STORES CO., INC. ~~NEW ENGLEWOOD, LTD. DATED SEPTEMBER 3, 1964, AND ALL ASSIGNEES OF SAID LEASE; AUTHORIZING NEGOTIATIONS FOR ACQUISITION WITH THE OWNER OF THE AFORESAID INTEREST USING THE FAIR MARKET VALUE AS THE BASIS OF THESE NEGOTIATIONS; AND AUTHORIZING CONDEMNATION OF THE AFORESAID I~~ERES T , IF NECESSARY. AYES: Novicky, Totton , Voth, Cole, Minnick NAYS: None ABSENT: VanDyke, Neal ABSTAIN: None The motion carried. Further discussion ensued. Ms. Powers discussed h e r knowledge of the negotiation s between the Brady Corporation and KRA VCO on the acquisition of the King Soopers site. • I • • • • • • • -2- Ms . Powe r s stated that the farewell dinner f or John Neal will be Wedne s - day , August 14, at 6 :00 P. M. at Gr ossi 's , 5151 South Federal Bouleva rd. The next meeting of the Urban Renewal Authority will be on Tues day, August 6 , 1985 . Ms . Powers briefly discussed Development Proposals received for the Park Floral site. The meeting adjourned at 6:25 P. H. I • ( • • • • \ Englewood Parks and Recreation Commission Minutes of July 11, 1985 The regular monthly meeting of the Englewood Parks and Recreation Commi ssion ,.,as cal led to order at 5 :05p .m . by Chairman Jack Poole at the Englewood Municipal Golf Course Clubhouse. Memb e rs present : Bradshaw, Higday, Howard, Poole, Rademacher, Schroeder Members ab sent: Allen, Dounay, Winkler Also present : Doug Foe, Ass ist ant Director of Parks and Recreation leon Kuhn, Assistant Director of Parks and Recreation Chairman Poole asked if there were any additions or corrections to the minu t es of May 9, 1985 . There were none. A motion was made and seconded that the minutes be approved as presented. The motion passed. Cha irman Poole introduced and welcomed Robert Schroeder to the Commis sion. Schroeder is one of two new members to the Commiss i on representing the Englewood School Board . Conc e rning rai si ng the Englewood Recreation Center sign so that i t woul d be more 1i~i ble from the streets, Director Romans reported that office engineer Rick Kahm che cked wi th the recreation center architect who stated that the cost of raising the present bu i !ding si gn would be around $4,000-5,000. The architect stated that to ra ise th~ sign wou ld cau s e an imbal ance with the building, and therefore, he recommended that letters be pl aced in the arch-l ik e windows above the front entrance to the building. This wa s the architect's or iginal recommendation. After some d iscussi on, the Co mmission agreed th at it would be appropr i ate to have letters placed on the gl as s above the entrance to the bui !ding as well as a redwood sign to be placed on the co rner of Oxford and Knlamath. t ' Commissioner Higday entered the meetin g at 5:10 p.m. Director Romans reported th at the recreation staff Is presentl y gather ing information on possible loc at i ons, bu il d ing sizes and operational and construction costs, etc., for the possible construction of a new nature center In Englewood as was requested by City Manager McCown. Some possible locat i ons that were suggested by the Commission and st aff ~ere the AI len Filter Plant area, Detention Pond, Hall property near Centennial Park, Cushing Park, Bates-Logan Park, Barde Park, and Belleview Park. Co mmissioner Brad sh aw I • • - \ Englewood Parks and Recreation Commission Minutes of July II, 1985 Page -2- • • - 'Ske d about the possibility of the southeast corner of Cla yton School grounds and Director Romans stated he d idn't believe that was possible . In order to help keep the co s t of the nature center down, Commissioner Bradshaw suggested checking prices for a log cabin-t ype p lan. There was some di scussi on concerning 1985 lottery funds for improvements to Mil ler Field and terracing of the slopes at Belleview Park. Cha i rman Poole read to the Commission a letter of resignation he rece i ved from Commissi oner Howard . After some discussion, Commissioner Bradshaw made a mot i on, seconded by Commissioner Rademacher, to accept Commissioner Howard's resignat ion wi th regret. The mo ion pass ed . Chairman Poole presented Howard with a plaque for her years of de d i cated ~cr v l ce to the Comm i ssion. Cha irman Poole st ated he was in receipt of a note i rom Commissioner AI len e xpressing Iocr i nterest in fi II ing the vacancy on the Malle y Senior Advi >cry Committee . Aft e r >orne Ji>cussion, Commissioner Higday made a motion, seconded by Commissioner Rade macher, to appoint Commissioner Allen to serve on the Malley Senior Advisory Committee. The motion pa;sed . Director Romans reminded .the Commission that two new youth Commiss ion members wi II have to be appo in ted in September in order that they will be available for monthly meet- ing s beginning In October . Under Commissioner's choice, Commissioner Bradshaw reported that she received several phone c al ls that Englewood parks were inundated with other school distr icts when Englewood .. schools had scheduled the parks for their field days in May . Bradshaw as ked that the st aff de velop a pol icy that will ensure that this situation is elim inated . Cha i rman Poole reported that he received phone calls at 1 :00 a .m. the ni ght before from neigh bors complaining that the softball field lights at Belleview Park were turned Pool e went to the park to Investigate since the park closes at 11 :00 p .m. ("n. ound two park policemen He were Inside the pressbox . Dl rector Romans directe d Assist ant Director Foe to check on this matter with Lt . Bi II Belt, who is in charge of th e park • • I • • • Lng•ewooo ~arks and Recreation Commission Minutes of July II, 1985 Page -3- po lice pro gram. • • • Director Roman s s tated that City Manager McCown reported to him that City Counci I has voiced concern that personnel at the recreat i on center could be less rude and more receptive to the publ ic. Romans s tated that center director Ken Ballard sent out a notice to his st aff and will speak to them at regular st aff meet i ngs to empha size the import ance of treating the public wi th courtesy and respect. Director Romans reported that steps are being taken in an effort to increase the u~e of the racquetball courts at the recreation center as per a request from Ci ty Counci I . The meeting was adjourned at 6:10p.m. £~, !t JL¢, linda Wilks, Recor~d7i~n-g~S-e_c_r_e~t-a-r--y .. ' • I . r (_ ( ORDINAOCE oo."f'g SERIES OF 198_5_ • • • BY Al7l'HORITY COUNciL BILL 00. 40 INTRODUCED BY COUOCIL MF1'1BER NEAL AN ORDINAOCE AMENDING TITLE VII, OiAPrER 2, SFX:I'IONS 3 AND 4, ENGLEWOOD MUNICIPAL CODE 1985, PROVIDING FOR THE DISPOSITION OF CONTRABAND PROPERTY SEIZED BY THE ENGLEWOOD POLICE DEPAR'IMENT AND PROCEDURE FOR SALE. WHEREAS, the state legislature has indicated an intent to provide law enforcement agencies with the proceeds of seized contraband; and WHEREAS, provisions of Title VII, Chapter 2, Section 3, Englewood ~nicipal Code 1985, entitled "Contraband; Disposition of," needs to be emended to meet current requirements for the disposition of contraband property seized or in the possession of the Englewood Police Department; and WHEREAS, procedure for sale of lost or abandoned property left unclaimed for a period of thirty (30) days or more after final disposition of any charges relating thereto should be amended to be consistent with changes in Section 3; NCM, THEREFORE, BE IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF ENGLEWOOD, COLORAOO, as follows: Section 1. Title VII, Chapter 2, Section 3 , Englewood ~n icipal Code 1985 , is hereby amended to read as follows: 7-2-3: ~~ I~HiPQG!~WN ~ DISPOSITION OF CONTRABAND No firearm nor any article of gambling equipment, nor any contraband or confiscated article of any nature Whatsoever -i-Fl'j 4-R~ t:Re RaRSS 9f tAe ENsteei-aA SRaU SYel.' Be seW at; sa,l,e as Rel.'ei-Aa9eYe pi.'9Y4tie8... All Sl:ieR 1iAela4RieQ 91.' eeAt:l.' 9aR9 aEt:.ieles &Rall lie 9est:l.'9yeQt ~Y4tie8T ReweYei.'T t:Rat: tAe ~4€£ 9f Pel.iee H~ay w;e 91.' Eii-splay SlieR aEt:.ieles Eel' el.'4ft\e Pi'eYeAt:4eA 91.' Elliiieat:i-9Aal _p~n;pesesT ~Y4tie8 tl=le ~e &Rall 9e Ei-Est: l.'eREieEee ~~sa9,1,e Eel' aAy YAlaw£~l .Piil'p&&eT aR9 ~y4Qee f~l.'eRel.' SlieR E19At:l.'a9aR9 4t:ER~s 7 i-f i-A ljEI9Ei EIEIRSi-h9AT Jllay Be ~aeeQ i-R tJ:le Pel4e@ QepaE9ileR t; aE&eRal aR9 ~ Eel' eEi-ftle Pl.'eYeRt:i-9R aR9 EIEIRt:l'Eil 91.' Eel' pel.iee t:Fai-Ri-~ .PIIl'p&ses... IN THE POSSESSION OF THE POLICE 1 • I • • ( • • • • DEPAR'IMmr, WHE'l'HER ABANDONED, !.H:LAIMED, OR <Yl'HERWISE, WILL BE DISPOSED <F UNDER THE PROVISIONS <F 7-2-1, E.M.C. 1985. SOCH PROPERTY SHALL BE DISPOSED OF AS FOLLCMS: A. SEIZED CONTRABAND WITHIN THE PURVI&l <F SEX:TIONS 16-13-301 ET SEQ., AND 16-13-501, ET SEQ., COLORADO REVISED STATUTES, SHArL BE DISPOSED <F AS PROVIDED 'ffiEREIN. THE CITY'S SHARE <F SOCH CONTRABAW, IF OTHER 'lliAN ClJRRFX:Y, WILL BE DISPOSED <F AS PROVIDED IN SUBPARAGRAPH B BELQ>l; IF CI.JRRDCY, IT WILL BE DEPOS ITED INTO THE POLICE DEPAR'IMENI' GENERAL FUND AT 'mE DIRB:TION <F THE CITY MANAG:R. B. FI~, GI\MBL ING FJ;lUIPHENI' AND CONTRABAND SEIZED OR IN THE POSSESSION <F 'll!E mGLEl<iOOO POLICE DEPAR'IMENI' 001' WITHIN THE PROVISIONS <F 'mE PR.El:EDING SUBPARAGRAPH A, Ol'HER 'lliAN CI.JRRDCY, IF 001' Ol'HERWISE ORDERED DISPOSED <F BY A. COURT <F LAW, MAY, {M)ER 'mE DIRB:TION <F THE CHIEF <F POLICE, BE USED BY THE POLICE DEPAR'IMENI' IN CRIME PREVENTION , POLICE TRAINING OR DISPLAYED FOR EDUCATIONAL PURPOSES. SOCH PROPERTY WHICH THE CHIEF <F POLICE DETERMINES IS UNUSABLE, lmERVICEABLE, OR HAS NO TRAINING OR EDUCATIONAL VALUE SHALL BE DESTROYED. ALL OTHER ITEMS DIRB:TED BY COURT ORDER 'ro 'mE POLICE DEPAR'IMENI' SHALL BE DIRB:TED 'ro THE POLICE DEPAR'IMENT CAPITAL OUTLAY FUND OR POLICE DEPAR'IMENI' GENERAL FUND AT 'mE DIREX::TION <F 'mE CITY MANAGER. IF 'll!E PROPERTY IS CURREN::Y , IT WILL BE DEPOSITED INTO 'll!E POLICE DEPAR'IMENr GENERAL FUND AT THE DIRB:TION OF THE CITY MA.NA.GER. NOTHING IN 'll!IS ORDINA.N:::E SHALL BE CONSTRUED 'ro LIMIT OR PREEMPT THE REMEDIES <F ABATING OR CONTROLLING PUBLIC NUISAN:ES OR INTERFERE WITH ACTION UNDER TITLE XVI , SEX:TION 13, PART 5, COLORADO REVISED STATUTES. Section 2. Title VII, Chapter 2, Section 4, Englewood Municipal Code 1985, is amended to read as follows: 7-2-4: PROCEDURE FOR SALE D. All proceeds fran the sale of such articles shall be deposited €9 ~ eEe&~~ &i ~ Pi&l-Me ~~l!ellleR~ i\IR9 ielf ~ P&l-iee Qep,ntilleR~ &i ~ ~~y &i ~~ 'ro 'll!E CITY 'S GENERAL OPERATING FUND. Introduced, read in full, and passed on first reading on the 5th day of August , 1985. 2 • l I • • - r ( • • • • Published as a Bill for an Ordinance on the 7th day of August, 1985. Read by title and passed on final reading on the 19th day of August, 1985. Published by title as Ordinance No.~zr , Series of 1985, on the 21st day of August, 1985. Attest: &Jgene L. Otls, Mayo r 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. __ , Series of 1985. 3 • I • • I ( OROINAOCE 00 • ../j q SERIES OF 1985 • • • BY AlJI'HORITY COUNCIL BILL NO. 44 INTROOOCED BY COUOCIL MtMBER NEAL AN OROINAN.:E REQUIRING RESTITlJI'ION 'ro BE PAID BY DEFENDANTS FOUND GJILTY OF IW1AGING OR DESTROYING PERSONAL PROPERTY OR <F CAUSING BODILY INJURY OR CJrHER J::IAMAGES 'ro '!HEIR VICTIMS. WHEREAS, the City Council of the City of Englewood, Colorado, is concerned that there are an increasing number of victims of violators of city ordinances who suffer undue hardship by virtue of physical injury or loss of property; and WHEREAs, persons found guilty of causing sue~ suffering should be under a moral and legal obligation to make adequate restitution to the injured by their conduct; and WHEREAS, restitution provided by violators of Englewood ordinances to their victims may be an instrument of rehabilitation for violators; N<X-1, 'IHEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLJ:lolOOD, COLORADO, AS FOLLGIS: Section l. Th at Englewood 1-tlnicipal Code '69 is hereby anended by adding Cllapter 20.5 to Title I, which section shall read as follows: 1-20.5-1: RESTITlJI'ION 'ro VICTIMS OF ORDINAOCE VIOLATIONS (a) Upon conviction of a defendant in any offense in wh ich the conduct of the defendant resulted in loss or dcrnage to the property of another or cause bodily injury to another, the court shall, as a condition of probation or as a mitigating factor in imposing any punishment, provide that the defendant make restitution to the victim of his conduct for the actual dcrnages which were sustained. Such restitution shall be ordered by the court as a condition of probation or as a condition of mitigating any punishment. The amount of such restitution shall be based on the actual pecuniary damages sustained by the victim, the ability of the defendant to pay and the defendant's obligat1on to support his dependents and other family obligations. SUch restitution may be paid to the office of the City Attorney for deposit into the City's treasury and repayment therefrcm to the victim . If the court finds, based upon clear a nd convincing evidence , that such restitution shall work an undue hardship on the defendant and his family, the court may waive the making of such restitution , in whole or in part. The court is authorized to monitor such payment of restitution by setting penalty hearing at reasonable intervals to receive reports of partial payments made and , for this purpose, may continue the 1 • I • ( ( • • • - penal t y hear ings .<H; peF~s ~~R~A a ~~ peF~.. If the defe ndant fails t o make res t i t utio n as ordered by the court, any sentence imposed will include unsuspended confinement of not less than 30 days FOR AN ADULT DEFENDI\NT. 'lbe court has the authority to delay imposing a punisl'lnent until either the defendant has satisfied the paying of restitution or the <:burt has determined that no restitution will be paid. 'lliE lm;JUIREMFNr <F RESTITUTION SHALL BE DEEMED SATISFIED IF 'lliE DEFENDI\NT PRESENTS A SIGNED "RELEASE" FR<l1 'lliE VICTIM 'lQ 'lliE CLERK <F 'lliE COURT UPON A FORM PROVIDED BY THE PR006:UTING ATIDRNEY. 'lliE CLERK AND/OR 'lliE PR006:UTING ATIDRNEY MAY CONTACT 'lliE VICTIM 'lQ VERIFY THE AUTHENTICITY <F 'IHE EXFX::UTION <F 'lliE "RELEASE" PRIOR 'lQ SATISFACTION <F 'lliE REQUIREMENT CF RESTITUTION. (b) When as a result of a plea bargain agreement or when a defendant is ordered to make resti tution pursuant to Section 1 above, the City Attorney's offi ce supervising the collections of such restitution may assess a sAil~ ~ ~ A REASONABLE CHARGE to the defendant upon receiving of a bad check as restitution payment, SOCH CHARGE 'lQ BE BASED UPON 'lliE REASONABLE COOT OF PROCESSING A REQUEST FOR AND OOTAINING THE PAYMENT DUE FRa1 'lliE DEFENDANT. Fbr thi s section, a "bad check" means a check or simi lar s i t e ord er for the payment of money wh i ch is dishonored by the bank or o ther d rawee because the i ssuer does not have suffi c i ent funds upon deposit with the bank or other drawee to pay the check or order upon presentation within thirty days after i ssue. (c ) Upo n a d e t erminat i on 8asee lifleR ~F iiRii e&RY4-Ae~~ e...4eeRee BY THE COURT t hat the def endant had a liability insurance policy in effect at the time o f the injury or the danage or loss of proper ty resul ted to another and such injury, dcnage, or loss was r epor t ed to s uch i nsur a nce policy canpany, and the identity of that i ns u r a nce policy and c anpany has been made known to the victim, the court ~U ~ find that further rest i tuti on i s not requ i red, provided that the liability insur a nce policy was equal to or greater than the cnount of injury, d cnage , or loss . (D) THE TERMS AND PROVISIONS <F '!HIS ORDI NAN:E SHALL NOT PREEl-tPI' 'IHE RIGHTS , IF ANY, <F PERSONS 'lQ SEEK OR RES IST CIVIL REl'iEDIES IN ANY COURT CF rAW . (E) OOI'H 'IHE DEFENDANr AND 'IHE VICTIM , PERSONALLy OR BY AN ATI'ORNEY , HAVE STANDING 'lQ PRESENT EVIDEI'CE AND ARG.lMENT 'lQ THE COURT ON THE ISSUE OF RESTITUTION , BUT 'lliE COURT HAS CCl'IPLETE DISCRETION 'lQ LIMIT SOCH EVIDE OC E AND ARQJMENT PURSUANT 'lQ ITS GIN RULES AND MAY CHOOSE NOT 'lQ CONDOCT A RESTITUTI ON HEARI NG SEPARATE FRa-1 THE DEFENDANT'S SENTEOCING . Introduced, read in full , and passed on first reading on the 1st day of July, 1985 . 2 • l I • - f ( • • • • • 1985. Published as a Bill for an Ordinance on the lOth day of July, Read by title, cnended and passed as crneroed on the 5th day of August, 1985. Published in full as amended on the 7th day of August, 1985. Read by title aQd passed on final reading on the 19th day of August, 1985. Published by title as Ordinance No. , Series of 1985, on the 21st day of August, 1985. -- Attest: E>.lgene L. 0t1s, Mayor ex off1c1o C1ty 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. __ , Series of 1985. Gary R. H1gbee 3 • () I • • • ORDINAN:E oo.SO SERIES OF 198_5_ • • • BY AUTHORITY CXlUN:IL BILL 00. 49 INI'RODOCED BY COUOCIL MEMBER HIG:>AY AN ORDINAN:E REPEALING AND RE-ENACTING TITLE VII, CHAPI'ER 6, SEX::TION A, SUBSEX::TION 4, ENGL~OOO MUNICIPAL CODE 1985, RElATING TO HARASSMmr. WHEREAS, the Colorado Suprane Court, by decision in the case of People ~· Noonan, No. 8~SA29?, decided on June 10, 1985 (Volune IX, Issue 24, Page 873, Br1ef Tunes Reporter, dated June 14, 1985, declared Section 18-9-111(1) (d) of Colorado Revised statutes unconstitutional, which section controls the present Englewood Ordinance on the same provision; and WHEREAS, it is deaned necessary by the EngleioiOOd City Council to repeal the present harassment ordinance and re-enact it to confonn with the expressed Constitutional requirements now existing; NCM, THEREFORE, BY IT ORDIUNED BY THE CITY CXlUN:IL OF THE CITY OF ENGL~OOD, COLORAOO: Section 1. 'Itlat Title VI I, Olapter 6, Section A, &lbsection 4, of Englewood Mun i cipal Code 1985, is hereby repealed and re- enacted to read as follows: 7-6A-4: A. IT SHALL BE UNI:AWFUL FOR A PERSON, WITH INI'ENI' TO HARASS, ANOOY OR ArARM AOOTHER PERSON TO: 1. INITIATE CCI't1UNICATION WITH A PERSON, ~SLY OR OTHERWISE, BY TELEPHONE, IN A MANNER INTENDED TO HARASS OR THREATEN BODILY INJURY OR PROPERTY DAMAGE, OR MAKE ANY CCI't1ENT, REX;lUEST, Sl.XXiEST ION , OR PROPOSAL BY TELEPHONE WHICH IS OOSCENE; OR 2. MAKE A TELEPHONE CALL OR CAUSE A TELEPHONE TO RING REPEATEDLY, WHETHER OR NOT A CONVERSATION ENSUES, WITH 00 PURPOSE OF LEGITIMATE CONVERSATION; OR 3. REPEATEDLY INSULT , TAUNI', OR CHALLENGE AOOTHER IN A MANNER LIKELY TO PROVOKE A VIOLENT OR DISORDERLY RESPONSE. I • • • • • • B. 1. liS ll>ED IN 'llUS SJ!X:TION, tBLESS THE CONI'EXT Cll'HERWISE REQUIRES, "<Bs::ENE" MFANS A PATENTLY OFFENSIVE DES:RIP- TION CF ULTIMATE SEXUAL J\CTS OR &>LICITATION 'ro o:HoliT ULTIMATE SEXUAL JICTS, WHETHER OR 00'1' SAID ULTIMATE SEXUAL TCrS ARE NJRMAL OR PERVERTED, l\CTUAL OR SIMULATED, IlCLUDING MASTURBATION, OJNNILINQJS, FELLATIO, ANILINGJS, OR E>CRETARY FUtCI'IONS. 2. ANY ~ PROHIBITED BY FOREOOING SUBPARA~PHS 1. AND 2. CF SI!X:TION A CF THIS ORDINMCE HAY BE 1:.1Em1ED TO HAVE CXX:URRED OR 'ro HAVE BEEN o:HoliTTED AT 'ffiE PLACE AT WHICH THE TELEPHONE CALL WAS EITHER MADE OR REX::EIVID. Introduc:e:3, read in full, aro passed on first reading on the 5th day of August, 1985. Published as a Bill for an Ordinance on the 7th day of August, 1985. Read by title aro passed on f i nal read i ng on the 19th day of August, 1985. Published by title as Ordinance No. __ , the 21st day of August, 1985. Series of 1985, on Attest: &lgene L. Otis, Mayor ex o fficio ci ty Clerk Treasurer 1, Gary R. Higbee , ex officio City Clerk-Treasurer o f the Ci ty of Englewood , Colorado , hereby cer tify that the above aro foregoing is a true , accurate aro canplete copy of the Ord i nance passed on final reading aro published by title as Ordinance No. __ , Series of 1985. Gary R. H1gbee 2 • l I • • • • ORDINAOCE oo.:!i]_ SERIES CF 1985 • • • BY Alll'HORITY COUOCIL BILL 00. 55 Ull'ROOOCED BY COUOCIL MEMBER VOBEJDA AN OROINAOCE VACATING MIRAMONTE ROM RIGiT-OF-WAY MID OOTAINING A 20-EWI'-WIDE WATER EASEMml' IN MIRAMONTE SUBDIVISION AtV PROPERTY ADJOINING ON THE EAST. WHEREAS, the owner of Miramonte SUbdivision as well as property ad joining the subdivision on the east proposes to construct a multi-family development on the site; and WHEREAS, subject s ite is on the west and north sides of the South Slope Condaninilltls and on the south side of West Belleview Avenue; and WHEREAS, said owner will be filing a Planned Development for Planning Commission and City Council to cons ider; and WHEREAS, the existing right-of-way will not be necessary to provide access t o or wi thin the proposed development; and WHEREAS, there is presently an 8-inch water line looping the water system fran Lehow Avenue to West Belleview Avenue which needs to be protected; and WHEREAS, owner has agreed to dedicate to the City a 20-foot- wide easement for the water line with the stipulation that the water line easement be vacated upon the relocation of the water line and a new easement conveyed to the City ; lD'J, THEREFORE , BE IT ORDI'\INED BY THE CITY COUOCIL CF THE CITY CF ENGLfl'JOOD, COLORADO: Section 1. 'lllat the right-of-way of Miramonte RJad in the Miramonte Sll:xhvision in the ~ l/4 of NfJ 1/4 of Section 15, Township 5 South, Range 68 West, as shown on the Miramonte SUbdivision Plat filed with the Arapahoe County Clerk and Recorder in Plat Book 10 at page 82, Receiption No. 490490, be and hereby is vacated. Section 2. 'lllat a 20-foot-wide easement for the water line looping the water system fran Lehew Avenue to West Belleview Avenue be granted as set out in attached Grant of Water Line Easement incorporated herein by reference. • I • • • • • • Section 3. That the Mayor and ex officio City Clerk- Treasurer are hereby authorized to sign and attest said Grant of water Line Easement for and on behalf of City Council and the City of Englewood. Introduced, read in full, and passed on first reading on the 5th day of August, 1985. Published as a Bill for an Ordinance on the 7th day of August, 1985. Read by title and passed on final reading on the 19th day of August, 1985. Published by title as Ordinance N:>. __ , the 21st day of August, 1985. Series of 1985, on Attest: EUgene L. Otls, Mayor ex off1cio C1ty 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 N:>. __ , Series of 1985. Gary R. H1gbee 2 • l I • • • • • - GRAN!' OF WATER LINE FASEMENI' THIS GRAN!' of a water line easement (this "Grant") is made this day of , 1985 by SANFORD K. METZEL , Sole Proprietor of Sanford K. Metzel, d/b/a Sanford Canpanies , a sole proprietorship, ("Grantor") lotlose address is 3773 Olerry Creek Drive North, SUite 535, Denver, Colorado 80209, in favor of the CITY OF Eln.EWOOD, COLORADO, ("Grantee") lotlose address is 3400 South Elati Street, Englewood, CO 80ll0; The parties covenant a nd agree as follows: l. Easement Property. '!he "Easement Property" shall mean the real proper ty located in the County of Arapahoe , State of Colorado, more particularly described as follows: A 20-foot -wide strip, 10 feet on each side of the following described centerline: Beginning at the Northwesterly corner of Lo t 14 , MIRAMONTE SUBDIVISION, a subdivision plat recorded in the Clerk and Recorder's Office of Arapahoe County in Plat Book 10 at page 82, Reception No. 490490, thence Easterly along the Norther ly line of said Lot 14 and along the Southerly line of west Be lleview Avenue 145 .3 feet to the True Point of Beginning; thence Southerly and parallel with the Easterly lines of Lots 11 through 14, inclusive , MIRAMONTE SUBDIVISION, 418 feet ; thence on a deflection angle to the left of 8o30', 266 feet ; thence on a deflection angle to the left of 13o00', 120 feet more or less to the Point of Term inus . Said easement to be vacated upon relocation of the water line and new easement conveyed to the City of Eng lewood , if needed, all to the satisfaction of the City of Eng lewood . 2 . Consideration. As consideration for this Grant, Gr antee has paid Grantor the sum of One Dollar ($1 .00 ) and other good and valuable consideration, the receipt of which is hereby acknowledged by Grantor. 3 . Grant of Water Line Easement. Grantor hereby grants to Grantee, its successors and ass1gns , a perpetual, nonexclus ive easement (the "Water Line Easement") over , under, across and through the Easement Property for the purpose of constructing , operating, maintaining, repairing , replac ing, removing and enlarging the "Lines and Appurtenances", as hereinafter defined. '!he "Lines and Appurtenances" shall mean one or more water p i pelines and all necessary underground and surface appu rtenances thereto necessary or des irable for the transmission of water, including , but not limited to , mains, conduits, vaults, ventilators , electric or other control systmes, cables, wires and connections . 4. Access. Grantee shall have the perpetual , nonexclusive right of ingress and egress in , to , over , through and across the Easement Pro rty for any purpose necessary or desirable for the full enjoyment o f he rights granted to Grantee under this Grant • I • • • • - 5. Restoration. Grantee agrees that after the construction, maintenance, repa1r, replacement, or enlargement of any of the Lines and Appurtenances, Grantee shall restore the surface of the Easement Property as nearly as reasonably possible to the grade and condition it was in inmediately prior to said construction, maintenance, repair, replacement, or enlargement, except as may be necessay to accarrnodate the Lines and .Afl>urtenances. Grantee agrees to restore and repair any improvements of Grantor on the Easement Property which are d<K~~aged, modified or altered by Grantee during said construction, maintenance , repair, replacement or enlargement. Grantee further agrees to replace any topsoil removed fran any cultivated or agricultural areas on the Easement Property and to remove any excess earth resulting fran said construction, maintenance, repair, replacement or enlargement, at Grantee's sole cost and expense. 6. No Improvements. Gr antor covenants and agrees not to construct, erect, place or plan any "Improvements", as hereinafter defined, on the Easement Property without obtaining the prior written consent of Grantee . "Improvements" shall mean any structure or building. Grantee shall have the right to remove, without any liability to Grantor, any improvements constructed, erected, placed or planted on the Easement Property without Grantee's having obtained the prior written consent of Grantor. 7. Slbj acent and Lateral ~rt. Grantor covenants and agrees that Grantee shall have thenght of subjacent and lateral support on the Easement Property to whatever extent is necessary or des irable for the full, canplete and undisturbed enjoyment of the rights granted to Gr antee under this Grant. 8. Rights of Grantor. Grantor reserves the full right to the undisturbed own ership, use , and occupancy of the Easement Property insofar as said ownership, use, and occupancy is consistent with and does not impair the rights granted to Grantee in this Grant. 9. Abandorrnent. In the event that Grantee shall abandon the r ights granted to it under this Grant, all right , title and interest hereunder of Grantee shall cease and terminate , and Grantor shall hold Easement Property, as the same may then be, free fran the rights of Grantee so abandoned and shall own all materials and structures of Grantee so abandoned, provided that Grantee shall have a reasonable period of time after said abandorrnent in which to remove any or all Lines and Appurtenances fran the Easement Property. In the event that Easement is abandoned by Grantee , Grantor shall have the right, at its sole option, to require Grantee to remove or neutralize any improvements constructed in the Easement by Grantee. 10. warranty of Title . Grantor warrants and represents that Grantor is the fee s1mple owner of the Easement Property and that Grantor has full right, title and authority, that this Grant is effective to grant and convey to Grantee the water Line Easement, 2 • l I • - r • • • • • • and that this Grant of an easement is superior to all other grants. Grantor further covenants and agrees to indannify, defend and hold Grantee haonless from and against any adverse clatm to the title of the Easernent Property by all and every person or persons lawfully clatming or to claim the ...bole or any part thereof. ll. Binding Effect. 'Ibis Grant shall extend to and be binding upon the hens, personal representatives, successors and assigns of the respective parties hereto. 'lhe teons, covenants, agreements and conditions in this Grant shall be construed as covenants running with the land. IN WITNESS WHEREX>F, the parties hereto hae executed this Grant of water Line Easement the day and year first above written. srATE OF COLORADO ss. CXlUNTYOF _____ _ GWn'OR: SIUFORD K. METZ~, d/b/a SIUFORD C01PANIES, a sole proprietorship &j -=San~f~o-r~d~K~.-Me~t~ze~l--------- Sole Proprietor Acknowledged before me this day of , 19 by Sanford K. Hetzel as sole propnetor of SIUFORD K. HETZ~, d/07a SANFORD COMPANIES, a sole proprietorship. My COmmission expires: 3 • Notary Publlc Address: I • • - • ( • Attest: ex offic1o C1ty Clerk-Treasurer STATE CF COLORAOO ss. COUtfl'Y OF ARAPAHOE • • • GRANI'EE: CITY OF ~000, COLORAOO ~~~~~~--=----Ellgene L. 0t1s, Mayor Acknowledged before me this day of , 19 by Ellgene L. Otis as Mayor and Gary R. Higbee as ex offlc1o City Clerk-Treasurer of the City of Englewood, Colorado. My COmmission expires: 4 Notary Publlc 3400 S. Elati Street ~lewood, co 80110 • l I • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Tun£> 21'> 1 9 8 ' AGENDA ITE M II ()._ SUBJECT Proposed Amendm ent s to th e Co m- p r ehens ive Zonin& Or dinance , §1 6 . 4-l 2 B-2 Bu siness nistri.-t INITIATED BY City Plann in G a nd Zonin g Commiss i o n ACTION PROPOSED Rece ive t he r ecomm e ndat i o n C'f the Pl an n ing CommissiC'n r el ative t o c e rtain amendm ents t o t he Com nreh e nsive Zoning Ordinanc e , an d req ue st t he Ci t y Atto rn ev t o ore nare Ord i n a n cP s in n r C'n arati on o f a Public He ar in". P !TRO DTJC TION AND BAC KGR OUND : At the request of th e City Council , t h e Planning Commissi on has r e view ed the !l-2 , Business Dist r ic t regulations t o determine wheth e r or no t the y imp o se a d eq ua te r e - quireme nts f o r new and used c ar s ale s lots t o minimize th e n e ga t ive imp ac t of those businesses on adjacent resi denti a l areas and t o revers e th e a pp ea ran ce o f deterio ratio n that is intruding into th e B-2 Zone Dis tri c t , mos t e s pe c ia l l y along So ut h Broadway . The Co mmission memb e rs hav e giv n c o n s i der ab l e tho u ght t o t h i s i s~ue , inc lud in g the testimony r eceived at t he Pub l ic Hea ring , stat eme nts mad e by c a r de al e r s at s ubs e - q u en t pu b lic meetings , info r mation ob t a i ned fr om comme rcial insure rs, an d fr om o ther j uris d icti o ns and th e t a ff r e po r t , al l o f which has form e d t h e basi s f o r th e ir de- Cl.S 1on. Me mb ers have a l s o d r ivi'n t he Bro a d1.•ay area , paying particu l ar att e ntio n t o de v l o pme nt alo n g its l e ngt h , and seve r al membe rs have driven thro ugh o t he r j uri di c - tio ns t o com pare th e d ev e l opment al ong So ut h Bro adwa y in Englewood with th a t in Den ve r, Lakewood , Auro ra, a n d Li tt leto n. Th e Pl ann ing Comm i ss i o n memb e r s co n cl ud cJ that all au t o mo b ile-rela ted business s c an hav e similar e ff ect upon adjacent u se s f o r t h e f o l l owin g reas o n s: --The uses t yp i cally gener ate ~ fairly h i gh v o lume of t r aff i c fr om cu ~t umc r s and e mplo yeL s and usually r el y up on ad j a c n t st r e e ts f o r pa r king . --Th e l ay o ut of th e propert y and t h stru c t u r s hav e q ui t e o ftLn ~e c n de si p ned fo r I o t he r use s and do no t ad eq ua t e l y accnmmo clate the a ut o -rela t £>d u se . --The l ots are no t a lways p r o pe r l y d es i g n e d and s ur f a ced t o a cco mmodate r uno f f fr om was hing t he cars , and t h water p o nd~ i n t he all e y s . --TIH· u:o:e o f t he ca r s a l e~ l o ts is t y p i c a l ly max i mi zed wi t h i n a d e q uat e r nnm f o r emergency arcess and ma n l•uv c rin ~; o f inv nt<' r y w J th o u t us i n;• <~d j a r en t r l ! h t -o f -w a y . --TI1C' ownc r s/o p C'ratnrs h av e not m:1 d,• a n effor t t o c-omp l y wi t h mi n l m:ll l an d~capl n~; r t:'~ui r ... ·,cnt s ancl t'a( usr r; d<t r :tC'"t frt•::. !"',,t l,f'r l 1!f1 '1 f u r t h<•tin).!, t •H· dt.• Jr(•.l i m.'l g <: t n h t frC·dtl d al nn~ .. ou •l 1I nc.l~~·'.1J , whi r '1 j .., :<t f o Jt J i11 U H f'c···p r,·1,l n· b I V < 1'1 il l• • • I • • • • • • • -2- 1 'Hh these' issues in mind, the Planning Commis s i on is of the opinion that all auto- mo bile/vehicle related uses should be permitted only as a Conditional Use in the B-2 Business District. Automobile car laundries and polishing businesses and motor re- pair businesses have been Conditional Uses for some time. The Commission would recom- me nd that sales lots and filling stations also be permitted only as a Conditional Use. In this way, each s~ecific automobile/vehicle-related business will be considered at a specific location and any foreseen or anticipated pro b lems can be addressed and resolved before the use is approved . The provisions would apply to all new sales lots and upon a change of ownership for any sales lot or business after the effective dat e of the Ordinan ce . If the sales l o t appr ov ed as a Condit i o nal t:se ••ere to be sold, th e new owner would have t o reaffirm com pliance with any con ditions i mpo sed at th e time of the initial approval. To this end, t h e following s ections of the Comprehensive Zoning Ordinance would be r e pealed: §16.4-12 c (4) Automobile sales or lease not including commercial vehicle wrecking, dismantling or junk yards, §16.4-2 c (8) Gasoline and oil service stations, §16.4-12 c (10) }btor vehicle sales or lease , §16.4-12 c (14) Recreational vehicle sales o r lease to includ e boats, trailer, mo torcycles and o ther recreatio nal vehicles. A new §16.4-12 e (2) Sales lots for new and used automobiles, mo tor vehicles, recre- ational vehicles, boats, trailers, or motorcycles, and §16.4-12 e (3) Automob ile service stations, would be adopted. Section 16.4-12 e (2)(b) and (c) set forth information to be provided with the site plan at the time of application for the sales lot Conditional Use and the matters to be specifically considered by the Com- mission when reviewing the site plan. Section 16.4-12 e (3) also cites specific criteria for service stations. There are some issu es which the Planning Comm i ss i o n feels sho uld apply t o all businesses in the B-2 Zo ne District, not just t o sales lots. These include re- strictions relative to fencing along stre et frontag es , the percent of landscaping to be in th e fro nt of the lot and setbacks . As to fencing and landscaping, the Commission members are of th e opinio n t hat any amendments should be address ed in §16 .4-17, Fe nces and Re taining Walls, and §16.4-18 Landscape Ordinance, as they would apply to all businesses rath e r than in the B-2 Zone District as they would apply t o one specifi c us e . Th e Commissio n has initiated thes e changes and will con- sid e r t hem at Publ i c Hearing . Af to setbacks, th e Commi sio n would r ecommend that a new s ecti on , §16.4-1 2 9 (2) Setb acks, sub -s ectio ns (a ) and (b) be added , which woul d r equi r e a minimum s etback for any bu i l dings of 10 feet o n non-co rn er l o ts and a min i mum setback o f fi ve (5) f ee t for the first 100 feet from the corner on a corner l0t, an d 10 fePt f o r any frontag~ in excess of th e 100 feet. Becaus th e Comprehensive Zoning Or dinance already inc ludes r equ iremen ts for t he sur- facing of sales lots, minimum o ff-s treet pa rking requireme nts and si gnage , th e Com- mission mem bers did n o t f eel it was n ecessa r y to add r e s th ose issues specifica lly in t hL B-2 regul a tio ns r el ative to sales l ots . To do so could create a po int o f conflict b tween the different section and make enforcemen t d iffi cult . The Planning Commis ion c o nsi der d th,· attac-hPd r t.>v isi o n o f the B-2 Businpss Distric-t at a Public Hearing h£'1 d on Ma y 14 , 1985 , nnd at t~o•o suh1>equent mee ti nGS , and ha ve v o l ul to send th e propos1•d a n.endmcnu, t n t H ' B-2 llusi n esr. ni tr lrt re~uln t i ons t o tl• Ci t y Coun ll f o r its con!.idt'rat i .. n. • I • • ( • • • • -3- The findings of Fact were considered by the Planning and Zoning Commission at their meeting on June 18, 1985, and it was the d ecision of the Commission that these Findings of Fact should also be accepted and referred to City Council. RECOMME I'IDATION: After giving careful consideration to the drafting of the proposed amendments to the B-2 Zone District regulations, and after considering the proposed regulations at a public hearing and at two subsequent r egularly scheduled meetings, it is the opinion of th e Commission that the City Cnuncil sho u ld give c o nsjderation t o the proposed amendments to the B-2 Business Zone District regulatior.s. The members o f the Commis- sio n further recomm end that the City Attorney be requested to prepare an ordinance for th e proposed amendments to the Comprehensive Zoning Ordinance, and that a Public Hearing be scheduled to consider the proposed amendments to §16.4-12 of the Compre- hensive Zoning Ordinance . ATTACHMENTS: 1. The B-2 Zone District regulations as propo s e d to be amended. 2 . The Findings of Fact for the June 18, 1985 me eting. 3. The Minutes of the June 4 meeting. 4. A memorandum to the Commission regarding regulations from other communities. 5. The Findings of Fact for the May 14, 1985 Public Hearing. 6. The Minutes of the May 14, 1985 meeting . 7. The Minutes of the May 7, 1985 meeting . 8. The Minutes of the April 16 , ·1985 meeting. 9. Memo dated April 8, 1985 from Pe ter Vargas to the Planning Commission , with attached memo from D. A. Romans t o Pete r Vargas (complete). THIS COUNCIL COMMUNICATION WAS PREVIOUSLY SENT IN THE JULY 1, 1985 CITY COUNCIL PACKET, ITEM 11 (a). PLE ASE RE FER TO THAT PACKET FOR CO PIES OF ATTACHMENTS. SUGGESTED ACTION: MOVED BY SECOND YES NO BSENT • I • • ( r • ORDINAOCE 00. SERIES OF 198_5_ • • • BY AIJI'HORITY A BILL FOR COUNciL BILL NO. 50 INTRODOCED BY CC>lJOCIL MEMBER 1J &.¥~ AN ORDINAOCE AMENDING THE CCMPREHENSIVE ZONING ORDINAOCE OF THE CITY OF ENGLEWOOD, COLORAOO, BY REPEALING SOCTIONS 16.4-12 c (4) Al!I'0'100ILE SALES OR LEASE NOT IOCLUDING CCMMERCIAL VEHICLE WREX::K- ING, DISMANTLING OR JUNK YARDS; 16.4-12 c (8) GASOLINE AND OIL SERVICE STATIONS; 16.4-12 c (10) MOTOR VEHICLE SALES OR LEASE; 16.4-2 c (14) ROCREATIONAL VEHICLE SALES OR LEASE TO IOCLUDE BOATS, TRAILERS, MOTORCYCLES AND OTHER ROCREATIONAL VEHICLES; AND ADDING NEW SOCTIONS 16.4-12 e (2) SALES LOTS FOR NEW AND USED Al!I'0'100ILES, MOTOR VEHICLES, ROCREATIONAL VEHICLES , BOATS, TRAILERS, OR MOTOR- CYCLES; AND 16.4-12 e (3) AlJT<lolOOILE SERVICE STATIONS AND ADDING SOCTION 16 .4-12 g (2) DEVELOPMENT REQUIREliENTS , SE'IBACI<S. WHEREAS , the Planning and Zoning Carm i ssion has r eviewed the B-2 Zone District regulations to determine whether or not that section of the COmprehensive ZOn i ng Ordinance adequately reflects the goals of the City as set fo rth in the COmprehensive Plan ; and WHEREAS, the Planning and Zoning Carmission has considered the B-2 Zone District at public hearing on May 14, 1985 and announced a study session for May 21, 1985; and WHEREAS, at said study session, only one person (a car lot owner) spoke ; and WHEREAS, at the study session of May 21, 1985, it was announced there would be further discussion on the B-2 Zone District on June 4, 1985 Planning and ZOning Commission meeting ; and WHEREAS, at the June 4, 1985 discussion , three car lot dealers were present , had been present at the May 14 public hearing, but did not address the COmmission on the B-2 Zone District matter; and WHEREAS, after said public hearing , study session and discussion, the reccmneooation of the City Planning and Zoning Carmiss ion to the City Council is that the proposed revisions to the COmpr ehensive ZOning Ordinance be adopted; NOW, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORAOO : 1 • I • • • • • • Section 1. That the following sections of the COmprehensive Zoning Oid1nance be repealed: ~4-l:i!-e-H+ AY~e&il:e sa~ eE ±ease Ret ~Rel:lilii~ ~ial: Yefli-el:e ~*~~'7 e~&lllaRth~ * ~* ya£Eis ... ±6 ... 4-l:i!-e-+±41-ReeEea~i-eRal: Yefli-el:e sa~ eE ±ease te ~l:Yiie &eatsy tH~l:elfSy l!l9teEe'f43l:esy aR8 &tReE lfeeEeati-eRal: ...eRie~ ... All other sections under 16.4-12 c are renumbered so as to be consecutive. Section 2. That the following new sections are hereby added to read as follows: 16.4-12 e (2) SALES LarS FOR ~ AID USED A(.]l'(MOOILES, MCYI'OR VEHICLES, REX:RFATIONAL VEHICLES, BOI\TS, TRAILERS, OR mi'ORCYCLES. (a) THE SALE OF NEW AND USED AUTCMOOILES, MCYl'OR VEHICLES, REX:RFATIONAL VEHICLES, BOI'.TS, TRAILERS, OR MCYl'ORCYCLES AT RETAIL SHALL BE BY A DEALER LICENSED BY THE STATE OF COLORADO AND SOCH BUSINESS MAY IOCLUDE SERVICE AND ACCESSORIES, BIJI' SHALL 001' IOCLUDE THE REBUILDING, OVERHAULING OR SfEAM CLEANING OF MCYl'ORS, REPAIRING OR REPAINTING OF BCDIES, OR REUPHOLSTERING, EXCEPT AS A USE IOCIDENTAL TO THE SAID SALES, AND EXCEPT WHERE ENTIRELY CONDt.X::TED IN AN EOCLOSED srROCTURE. REX:APPING OF TIRES SHALL NOT BE PERMITTED UNDER ANY CIRCUMSTAOCES. SITE PLAN SUBMITTED. THE APPLICANT FOR APPROVAL OF A SALES UJr FOR ~ AND USED Al1l'0100ILES, MCYl'OR VEHICLES, REX:REATIONAL VEHICLES, BOI'.TS, TRAILERS OR MCYI'ORCYCLES SHALL SUBMIT A SITE PLAN AT A OCALE NO £MALLER THAN ONE lOCH EQUALS FIFTY FEET (1" = 50 ') TO THE DEPAR'IMENT OF CCMMUNITY DEVELOPMENT IN CONFORMANCE WITH SOCTION 16.5-21 OF THIS ORDINAOCE. THIS SITE PLAN SHALL INCLUDE: * A DRAINAGE PLAN. 2 • l I • • (ct.)J..rz"{ • • • • * A lAYOUT OF THE PORTION OF THE SITE TO BE DEWI'ED TO THE DISPlAY AND/OR STORAGE OF INVENTORY, IOCLUDING, BUT NOT LIMITED TO, NUMBER, TYPE AND/OR SIZE OF UNITS TO BE DISPLAYED OR STORED, THEIR ARRANGEMENT AND LOCATION IN RElATIONSHIP TO FROm' AND SIDE PROPERTY LINES. lliE MAXIMI.Jol NUMBER OF VEHICLES TO BE PERMITTED ON THE LOT SHALL BE POSTED (SEE SECTION (d) • A MINIMI.Jol SETBACK OF 12 IOCHES FROM ALL PROPERTY LINES WILL BE REQUIRED . * THE LOCATION AND TYPE OF LIGHTING. * SURFACING SPECIFICATIONS. * A lANDSCAPING PIAN IN CONFORMAOCE WITH SECTION 16.4-18 OF THIS ORDINANCE. * DESIGNATION OF PARKING SPACES FOR EMPLOYEES AND CUS'I'Q'1ERS IN CONFORMAOCE WITH SECTION 16. 5-5 OF THE ORDINAOCE. * THE PROPOSED SIGNAGE (SEE SECTION 16.4-19 OF THIS ORDINAOCE) • * THE LOCATION, TYPE AND HEIGHT OF FEOCING, IF ANY (SEE SECTION 16.4-17 OF THIS ORDINAOCE). * ANY OTHER INFORMATION WHICH WILL FACILITATE THE REVIEW OF THE APPLICATION. IN REVIEWING THE SITE PIAN AND ACC<l1PANYING DATA, THE PLANNING C<l1MISSION SHALL ALSO CONSIDER THE FOLLOWING: (i) LIGHTING SHALL BE DIROCTED SO THAT THE BEAM, IF ANY, SHINES ON THE PREMISES. ( ii) THE DRAINAGE PLAN AND SURFACE AT GRADE HAS BEEN APPROVED BY THE DEPARTMENT OF ENGINEERING SERVICES. THE MAXIMll'l NUMBER OF AUT<l100ILES, ~R VEHI_CLES, ROCREATIONAL VEHICLES, BOATS, TRAILERS , OR ~RCYCLES ALLOWED FOR ALL PURPOSES SHALL BE SPOCIFICALLY APPROVED ON THE SITE PLAN, AND THE MAXIMll'l NUMBER OF SAID VEHICLES PERMITTED ON THE PREMISES SHALL BE POSTED IN A CONSPICUOUS SPOT ON THE PREMISES. MORE THAN THE PERMITTED MAXIMll'l NUMBER OF PARKED OR STANDING VEHICLES ON THE SITE SHALL BE A VIOLATION OF THIS ORDINAOCE . 3 • I • - • {i$ ' (f) • • • APPROVAL OF CONDITIONAL USE. ( i) APPROVAL OF THE SALE OF N&l AND USED AU'I'Ct1CBILES, M<Yl'OR VEHICLES, RB:REATIONAL VEHICLES, BOATS, TRAILERS, OR MOI'ORCYCLES SHALL BE CONDITIONAL IN CCMPLIAN::E WITH THE FOREOOING REQUIREMENTS. (ii) THE CONDITIONAL USE MAY BE AMENDED FRCt-1 TIME TO TIME AS RECQESTED BY THE a-mER OF THE PREMISES IN THE SAME MANNER AS A N&l APPLICATION FOR CONDITIONAL USE. APPLICABILITY OF nus OROINAN::E. THE PROVISIONS OF nus SECTION SHALL BE IMPLEMENTED BY ALL N&l lEES FOR THE SALE OF N&l OR USED AU'I'CMCBILES , MC1I'OR VEHICLES, RB:REATIONAL VEHICLES, BOATS, TRAILERS, OR MC1I'ORCYCLES, AND UPON a-JNERSHIP CHANGE FOR ANY SALES LOT OR BUSINESS AFTER THE EFFECTIVE DATE OF THIS ORDINANCE . WHEN THERE IS A CHANGE IN a-JNERSHIP OF A SALES LOT OR BUSINESS WHICH HAS BEEN APPROVED AS A CONDITIONAL USE, THE N&l GlNER SHALL APPEAR BEFORE THE PLANNING CCMMISSION TO REAFFIRM THE CONDITIONS OF THE APPROVED CONDITIONAL USE. (3) AlJT(}1CBILE SERVICE STATION STANDARDS. THE FOu.a-IING PERFORMANCE AND DEVELOPMENT STANDARDS SHALL APPLY TO ALL PERMITTED AU'I'CMOBILE SERVICE STATION USES. (a) USES PERMITTED. AN All'l'()'IOBILE SERVICE STATION SHALL BE A RETAIL PLACE OF BUSINESS ENGAGED IN THE SALE OF MC1I'OR FUELS AND IN SUPPLYING OOODS AND SERVICES GENERALLY REQUIRED IN THE OPERATION AND MAINTENANCE OF All'l'()'IOTIVE VEHICLES AND THE FULFILLING OF MC1I'ORISTS' NEEDS. MAJOR AUTCMOTIVE REPAIRS, PAINTING, BODY AND FENDER WORK ARE PROHIBITED. (b) BUILDING LINE REGJLATIONS. BUHDING SE'ffiACK LINE FOR ALL STROCTURES SHALL BE TWENTY (20) FEET FRCM THE ULTIMATE STREET RIGiT-OF-WAY LINE, EXCEPT CANOPY ROOFS OVER PUMP ISLANDS AND LIGiTING FIXTURES MAY BE CANTILEVERED TO WITHIN FIVE (5) FEET OF THE ULTIMATE STREET RIGiT-OF-WAY LINE. (c) EXTERIOR DISPLAYS AND TRASH AND STORAGE. NO DISPLAYS OR STORAGE OF MERCHANDISE, AU'I'Ct1CBILES , PARTS OR REFUSE SHALL BE LOCATED CLOSER THAN TWENTY (20) FEE.'T FRCM THE ULTIMATE STREET RIGiT-OF-WAY LINE, AND ALL TRASH AND REFUSE SHALL BE STORED IN A BUILDING OR WITHIN AN AREA EtCLOSED BY A WALL AT LEAST SIX (6) FEE.'T HIGi. 4 ' 1' j I I • f I I \ • • • • (d) LIGiTING. ALL LIGiTING SHALL BE DESI~ED AND LOCATED SO AS TO CONFINE DIRFX:T RAYS 'lQ 'lliE PREMISES. (e) Ol1I'SIDE ACTIVITY. ALL ACTIVITIES, Ol'HER THAN 'lliE SIU.E OF MOI'OR FUELS AND THE NORMAL SERVICES ItCIDENTAL THERE'ro, ARE PROHIBITED OOfSIDE OF THE MAIN BUIWING. (f) OCREENING. A MASONRY WALL SHALL BE INSTALLED AN:> MAINTAINED ALONG PROPERTY LINES WHERE 'lliE PIUMISES ABl1I' A RESIDENTIAL AREA. SOCH WALL SHALL HAVE A TOTAL HEIGiT OF NOT LESS THAN SIX (6) FEET, EXCEPT WITHIN 'IWENTY (20) FEET OF ANY ULTIMATE STREET RIGiT-OF-WAY LINE, WHERE 'lliE HEIGiT SHALL BE NOT LESS THAN THREE (3) FEET NOR MORE THAN THREE AND ONE-HALF (3 1 /2) FEET. (g) LANDSCAPING . A IANDOCAPE PIAN IN CONFORMAtCE WITH THE LANDSCAPE ORDINAtCE SHALL BE SUBMITTED WITH THE APPLICATION FOR THE CONDITIONAL USE. ~t M:>tor Vehicle Repair businesses, not including body or (4) fender work, dismantling or collision repair, and provided that: (e) LANDSCAPING. A LANDOCAPE PIAN IN CONFORMAtCE WITH 'lliE LANDSCAPE ORDINAtCE SHALL BE SUBMITTED WITH THE APPLICATION FOR 'lliE CONDITIONAL USE. ~t M:>tor Vehicle Laundry or Polishing business, which shall (5) comply with the following conditions: (e) LANDSCAPING. A IANDSCAPE PIAN IN CONFORMAtCE WITH THE LANDSCAPE ORDINAtCE SHALL BE SUBMITTED WITH THE APPLICATION FOR THE CONDITIONAL USE. +H Amusement establishments including , but not limited to, (6) billiard halls, bowling alleys, coin-operated games, dance halls, electronic or video games, night clubs, outdoor commercial recreational facilities , pool halls or skating rinks. 16.4-12 g. Developnent !equiranents. (2) SETBACKS. (a) MINIMll'l SE'mACK FOR NOtCORNER LOTS SHALL BE TEN (10) FEET. 5 • I • - • • • • • (b) CORNER LOTS SHALL HAVE 00'1' LESS THAN A FIVE-FOOT (5') SETBACK THE FIRST ONE HUNDRED (100) FEF:l' FRQ1 ruE CORNER. l'l>RE THAN ONE HUNDRED (100) FEF:l' FRQ1 ruE CORNER SHALL HAVE A TEN-FOOT (10') SETBACK. (c) WHERE A PROPERTY ZONED B-2, BUSINESS, ABIJI'S UPON ANY PROPERTY ZONED "R" R&SIDENTIAL DISTRICT, ruE R&SIDENTIAL FRONT YARD ~IR&tENT CF ruE ABlJl'TING R&SIDENTIAL DISTRICT SHALL APPLY TO THAT PORTION CF ruE PROPERTY IN ruE B-2 BlEINESS DISTRICT E>CCEPI' AS TO SIDE YARDS ON CORNER LOTS. Section 3. PUblic Hearing. In accordance with Section 40 of the City dlarter, the City Council shall hold a public hearing on this Ordinance, before final passage, at 7:30 p.m . on l't>nday, ~=r~~,· 1985, in City Council Chambers, 3400 s . Elati Street, Eng lelo«Xld , Col or a:'lo • Introduced, rea:'! in full, and passed on first rea:'ling on the 19th day of August, 1985. PUblished as a Bill for an Ordinance on the 21st day of August, 1985. &lgene L. Otls, Mayor Attest: ex off1c1o C1ty 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 a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of August, 1985. Gary R. Higbee 6 • 1 l I • • • • • • DRAFT =lf ___ $_ ____ oate~;;;~~ B-2 AMENDMENTS Emendating the amendments recommended to the City Council by the City Planning and Zoning Commission in Council Communications June 26, 1985 and August 14, 1985. Section 16.4-12 e (2) Add a new subsection (b) DEVELOPMENT STANDARDS (b) DEVELOPMENT STANDARDS. ALL SUCH SALES LOTS, IN ADDITION TO ALL OTHER PROVISIONS OF THE CITY ORDINANCES, SHALL MEET THE FOLLOWING REQUIREMENTS: a. A MINIMUM FIVE (5) FOOT SETBACK SHALL BE PROVIDED FROM THE PROPERTY LINE ON THE STREET SIDES OF THE SALES LOT WHICH SHALL BE LANDSCAPED IN CONFORMANCE WITH THE LANDSCAPE ORDINANCE. THIS LANDSCAPED AREA SHALL BE INCLUDED IN THE TOTAL AMOUNT OF REQUIRED LANDSCAPING IN THE ZONE DISTRICT. NO VEHICLES SHALL BE STORED , DISPLAYED, OR PARKED IN THIS AREA. A 20-FOOT ACCESS LANE MAY INTRUDE INTO THE SETBACK AREA AT THE REQUEST OF THE APPLICANT AT TIME OF APPROVAL OR AMENDMENT TO THE CONDITIONAL USE. b. PARKING SHALL BE PROVIDED FOR CUSTOMER AND EMPLOYEE CARS IN CONFORMANCE WITH SECTION 16.5-3 THROUGH SECTION 16.5-6 OF THE GENERAL REGULATIONS IN THIS ORDINANCE. c. UNLESS WAIVED BY THE FIRE MARSHALL DUE TO AVAILABILITY OF ACCESS TO ALL PORTIONS OF THE SALES LOT, A DRIVE LANE SHALL BE PROVIDED FROI-1 PUBLIC RIGHT-OF-WAY TO STRUCTURES LOCATED ON THE PREMISES FOR ACCESS FOR EMERGENCY VEHICLES. SUCH DRIVE LANE SHALL BE KEPT FREE AND CLEAR AT ALL TIMES. d. LIGHTING SHALL BE DIRECTED SO THAT THE BEAM, IF ANY, SHINES ON THE PREMISES. e. THE SIGN PLAN FOR THE PREMISES SHALL COMPLY WITH THE SIGN CODE FOR THE CITY, SECTION 16.4-19 IN THIS ORDINANCE. f. THE MAXIMUM NUMBER OF AUTOMOBILES, MOTOR VEHICLES, RECREATIONAL VEHICLES, BOATS, TRAILERS, OR MOTOR- CYCLES ALLOWED FOR ALL PURPOSES SHALL BE SPECIFICALLY APPROVED ON THE SITE PLAN, AND THE MAXIMUM NUMBER OF SAID VEHICLES PERMITTED ON THE PREMISES SHALL BE I • • • • • - POSTED IN A CONSPICUOUS SPOT ON THE PREMISES. MORE THAN THE PERMITTED MAXIMUM NUMBER OF PARKED OR STANDING VEHICLES ON THE SITE SHALL BE A VIOLATION OF THIS ORDINANCE. fa~ Site plan submitted. The applicant for approval of a (c) sales lot for new and used automobiles, motor vehicles , recreational vehicles, boats , trailers or motorcycles shall submit a site plan at a scale no smaller than one inch equals fifty feet (l" =50') to the Department of Community Development in conformance with Section 16.5-21 of this Ordinance. This site plan shall include: * * • * * * * • * * A drainage plan. A layout of the portion of the site to be devoted to the display and /or storage of inventory, including, but not limited to, number, type and /or size of units to be displayed or stored, their arrangement and loc ation in relationship to front and side property lines. The maximum number of vehicles to be permitted on the lot shall be posted (see Section aT (b) f. above). A ~+R+~~~ setssek 9~ ±~ ~ReRes ~~9~ a±± p~9pe~ty ±+Res wi±± s e ~e ~lii~eaT The location and type of lighting . Surfacing specifications IN ACCORDANCE WITH CITY STANDARDS . A landscaping plan in conformance with Section 16.4-18 of this Ordinance. Designation of parking spaces for employees and customers in conformance with Section 16.5-5 of this Ordinance. A DRIVE LANE FOR E1"1ERGENCY VEHICLES IF REQUIRED BY THE FIRE MARSHAL. The proposed signage (see Section 16.5-19 of this Ordinance). The location, type and height of fencing, if any (see Section 16.4-17 of this Ordinance). Any other information which will facilitate the review of the application . -2- • I • • • • • • fe~ In reviewing the site plan and accompanying data , the (d) Planning Commission shall also consider the following: (i) Lighting shall be directed so that the beam, if any, shines on the premises. (ii) The drainage pl an and s ur face at grade has been approved by the Department of Engineering Services. fa~ ~Re MaK~M~M R~MB6 F e£ a~~9M9B~le6T M9~9£ Y6R~elesT FeeFea~~eRal YeAiel esT sea~sT ~Fa~ eEsT e£ Me~eEeyeles allewea feE all p~Epeses &Rall se spee~f~eally appEeY- ea eR ~Re s~~e plaRT aRe ~Ae MaK~M~M R~MseF e£ sa~a YeR~eles peFMi~~ea eR ~Re pFeM~ses sRall &e pes~ea ~R a e eRspie~e~s spe~ eR ~Re pEeMisesT MeEe ~AaR ~Re MaKiM~M R~MBeE e£ paEkea eE s~aReiR~ YeR~eles eR ~Re si~e sRall se a Yiela~~eR e£ ~R~s Q£aiRaReeT fa~ Approval of Conditional Use. (e) fe~ (f) (i) Approval of the sale of new and used automobiles, motor vehicles, recreational vehicles, boats, trailers, or motorcycles shall be conditio nal in compliance with the foregoing requirements. (ii) The Conditional Use may be amended from time to time as r equested by the owner of the premises in the same manner as a n e w application for Conditional Use . Applicability of this Ordinance. Section shall be implemented by: The provisions of this (i) All new uses for the sale of new or used automobiles, motor vehicles, recreational vehicles, boats, trailers , or motorcycles, and (ii) Upon THE CHANGE OF ownership eRaA~e feE OF any sales lot or business after the effective date of this Ordinance. When there is a change in owner- ship of a sales lot or business which has been approved as a Conditional Use, the new owner shall appear before the Planning Commission to re affirm the conditions of the approved Conditional Use. (iii) ALL SALES LOTS IN EXISTENCE ON THE EFFECTIVE DATE OF THIS ORDINANCE SHALL COMPLY WITH THE REQUIRE- MENTS OF THE LANDSCAPE SECTION OF THIS ORDINANCE, SECTION 16.4-18, ON OR BEFORE JANUARY 1, 1987 . -3- I • • • • • .. • When there is a change in ownersh i p of a sales lot or business which has been approved as a Conditional Use, the new owner shall appear before the Planning Commis- sion to reaffirm the conditions of the Conditional Use. -4- I • • r • ORO I NAM::E 00. SERIES OF 198_5_ • • • BY At.Jl'HORITY A BILL FOR COUNCIL BILL NO. 50 INTRODUCED BY COUOCIL MEMBER Higd ay AN ORDINAOCE AMENDING THE CCMPREHENSIVE ZONING ORDINAM::E OF THE CITY OF Fl'KiLEWOOD, COLORADO, BY REPEALING SECTIONS 16.4-12 c (4) All'l'a1CBILE SALES OR LEASE OOT IOCLUDING <Xl1MERCIAL VEHICLE WRECK- ING, DISMANTLING OR JUNK YARDS; 16.4-12 c (8) GASOLINE AND OIL SERVICE STATIONS; 16.4-12 c (10) I'I:YI'OR VEHICLE SALES OR LEASE; 16.4-2 c (14) RECREATIONAL VEHICLE SALES OR LEASE TO IOCLUDE BOATS, TRAILERS, I'I:YI'ORCYCLES AND OTHER RECREATIONAL VEHICLES; AND ADDING NEW SECTIONS 16.4-12 e (2) SALES LOTS FOR NEW AND USED All'l'a1CBILES, MOTOR VEHICLES, RECREATIONAL VEHICLES, BOATS, TRAILERS, OR MOTOR- CYCLES; AND 16.4-12 e (3) AlJ'l'a100ILE SERVICE STATIONS AND ADDING SECTION 16.4-12 g (2) DEVELOPMENT REQUIRFMENTS, SETBACKS. WHEREAS, the Planning and Zoning Commission has reviewed the B-2 Zone District regulations to detennine whether or not that section of the COmprehensive Zoning Ordinance adequately reflects the goals of the City as set forth in the COmprehensive Plan; and WHEREAS, the Planning and Zoning Commission has considered the B-2 Zone District at public hearing on May 14, 1985 and announced a study session for May 21, 1985; and WHEREAS, at said study session, only one person (a car lot owner) spoke; and WHEREAS, at the study session of May 21, 1985, it was announced there wo uld be further discussion on the B-2 Zone District on June 4, 1985 Planning and Zoning Commission meeting; and WHEREAS, at the June 4, 1985 discussion, three car lot dealers were present, had been present at the May 14 public hearing, but did not address the Commission on the B-2 Zone District matter; and WHEREAS, after said public hearing, study session and discussion, the reccmnendation of the City Planning and Zoning Commission to the City Council is that the proposed revisions to the COmprehensive Zoning Ordinance be adopted; N0.-1, 'll!EREFORE, BE IT ORDAINED BY THE CITY COUOCIL OF THE CITY OF ENGL&JOOD, COLORADO: 1 • I • • • • • • Section 1. That the following sections of the COmprehensive Zoning Ord1nance be repealed: ~4-±:!-e-Ht ~e&He sa±es elf ±ease ~ iAe±YiiiR'3 ~ia± "YeAi-e±e ~kiR'3T eiB~~~aRt;±iR'3 elf ~k yaEtis. ~.4-±:!-e-HH Ree~t;i-eRa± "YeAi-e±e sa±es elf ±ease t;e iAe±YBe Beat;S 7 t;Fai±eFS7 ~Fe¥9loesT aRS eei:leF FeeFeaei-eRa± "YeAi-e±es. All other sections under 16.4-12 c a re renumbered so as to be consecutive. Section 2. That the following new sections are hereby added to read as follows: 16.4-12 e (2) SALES LOTS FOR NEW AID USED A!JI'aotOOILES, MOI'OR VEHICLES, ROCRFATIONAL VEHICLES, 1301\TS, TRAILERS, OR l'lYI'ORCYCLES. (a) THE SALE OF NEW AND USED A!JI'aotCBILES, MOI'OR VEHICLES, ROCREATIONAL VEHICLES, 801\TS, TRAILERS, OR Mal'ORCYCLES AT RETAIL SHALL BE BY A DFALER LICENSED BY THE STATE OF COLORAOO AND SOCH BUSINESS MAY It-eLUDE SERVICE AND ACCESSORIES , Bl1l' SHALL NOT It-eLUDE THE REBUILDING , OVERHAULING OR STEAM CLEANING OF l'lYI'ORS, REPAIRING OR REPAINTI NG OF BODIES, OR REUPHOLSTERING, EXCEPT AS A USE It-l:IOENTAL TO THE SAID SALES, AND EXCEPT WHERE ENI'IRELY CONDUCTED IN AN EOCLOSED STRUCTURE . ROCAPPING OF TIRES SHALL NOT BE PERMITTED UNDER AN'i CIRC UMSTAOCES. l (b) DEVELOPMENT STANDARDS. ALL SUCH SALES LOTS, IN ADDITION TO ALL OTHER PROVISIONS OF THE CITY ORDINANCES, SHALL MEET THE FOLLOWING REQUIREMENTS: a. A MINIMUM FIVE (5) FOOT SETBACK SHALL BE PROVIDED FROM THE PROPERTY LINE ON THE STREET SIDES OF THE SALES LOT WH ICH SHALL BE LANDSCAPED IN CONFORMANCE WITH THE LANDSCAPE ORDINANCE. THIS LANDSCAPED AREA SHALL BE INCLUDED IN THE TOTAL AMOUNT OF RE UIRED LANDSCAPING IN THE ZONE DISTRICT. NO VEHICLES SHALL BE STORED, DISPLAYED , OR PARKED IN THIS AREA. A 20-FOOT ACCESS LANE MAY INTRUDE INTO THE SETBACK AREA AT THE REQUEST OF THE APPLICANT AT TIME OF APPROVAL OR AMENDMENT TO THE CONDITIONAL USE • • I • • • • • • b. PARKING SHALL BE PROVIDED FOR CUSTOMER AND EMPLOYEE CARS IN CONFORMANCE WITH SECTION 16.5-3 THROUGH SECTION 16.5-6 OF THE GENERAL REGULATIONS IN THIS ORDINANCE. c. UNLESS WAIVED BY THE FIRE MARSHALL DUE TO AVAILABILITY OF ACCESS TO ALL PORTIONS OF THE SALES LOT, A DRIVE LANE SHALL BE PROVIDED FROM PUBLIC RIGHT-OF-WAY TO STRUCTURES LOCATED ON THE PREMISES FOR ACCESS FOR EMERGENCY VEHICLES. SUCH DRIVE LANE SHALL BE KEPT FREE AND CLEAR AT ALL TIMES. d. LIGHTING SHALL BE DIRECTED SO THAT THE BEAM , IF ANY, SHINES ON THE PREMISES. e. THE SIGN PLAN FOR THE PREMISES SHALL COMPLY WITH THE SIGN CODE FOR THE CITY , SECTION 16 .4-19 IN THIS ORDINANCE. f. THE MAXIMUM NUMBER OF AUTOMOBILES, MOTOR VEH ICLE S, RECREATIONAL VEHICLES , BOATS, TRAILERS, OR MOTOR- CYCLES ALLOWED FOR ALL PURPOSES SHALL BE SPECIFICALLY APPROVED ON THE SITE PLAN, AND THE MAXIMUM NUMBER OF SAID VEHICLES PERMITTED ON THE PREMIS ES SHALL BE POSTED IN A CONSPICUOUS SPOT ON THE PREMISES. MORE THAN THE PERMITTED MAXIMUM NUMBER OF PARKED OR STANDING VEHICLES ON THE SITE SHALL BE A VIOLATION OF THIS ORDINANCE. fet Site plan submitted. The applicant for approval of a (c) sales lot for new and used automobiles, motor vehicles, recreational vehicles, boats, trailers or motorcycles shall submit a site plan at a scale no smaller than one inch equals fifty feet (1" =50') to the Department of Community De velopment in conformance with Section 16.5-21 of this Ordinance. This site plan shall include: * * * * A drainage plan. A layout of the portion of the site to be devoted to the display and /or storage of inventory, including, but not limited to , number, type and/or size of units to be displayed or stored, their arrangement and loc atio n in relationship to front and side property lines. The maximum number of vehicles to be permitted on the lot shall be posted (see Section eT (b) f. above). A MiRiM~ se~eaek eE ±~ 4AeRes E~eM a±± p~epe~~y ±iAes wi±± ee ~e f!\ii~eeT The loca tion and type of lighting. Surfacing specifications IN ACCORDANCE WITH CITY STANDARDS • • I • - • * * * * * * • • • A landscaping plan in conformance with Sec tion 16.4 -18 of this Ordinance . Designation of parking spaces for employees and customers in conformance with Sect io n 16 .5-5 of this Ordinance. A DRIVE LANE FOR EMERGENCY VEHICLES IF REQUI RED BY THE FIRE MARSHAL. The proposed signage (see Sectio n 16.5-19 of t his Ordinance). The location, type and height of fencing, if any (see Sect i on 1 6 .4-17 of this Ordinance). Any other information which will facilitate the review of the application . fe~ In reviewing the site pl an and accompanying data, the (d) Planning Commission shall also consider the following: (i) Lighting shall be d i rected so that the beam, if any , shines on the prem ises. (ii) The drainage plan and surf ace at grade has been approved by the Department of Engineering Services. fe~ ~Ae MaM~M~M R~MBe~ e£ a~~9M9B~~es 7 Me~e~ YeR~e~eST ~ee~eat~eRa~ veR~e~es 7 9ea~s 7 t~a~~e~sT e~ Me~e~eye~es -~~ewes £e~ a~~ p~~peses sRa~~ se spee~£~ea~~y app~ev ea eR ~A e s ~~e p~aR 7 aRe tke MaM~M~M R~Mse~ e£ sa~a vekie~es p e EM~~tea eR ~Re p~eM~ses sAa~~ &e pestea ~R a eeRsp~e~e~s spe~ eR tRe p~eM~sesT MeEe tRaR tRe MaMiM~M R~Mse~ e£ paEkea e~ staRa~R~ veRie~es eR tRe site &Aa~~ ee a vie ~a~i eR e£ tRis Q~aiRaReeT fe~ Approval of Conditional Use . (e) fe~ (f) (i) Approval of the sale of new and used automob iles , motor vehicles, recreational vehicles , boats, trailers, or motorcycles shall be conditi onal in compliance with the foregoing requirements. (ii) The Condit1onal Use may be amended from time to time as r e quested by the owner of the pr emises in the same manner as a new applicatio n for Conditional use. Applicability of this Ordinance . The provisions of this Section shall be implemented by: (i) All new uses for the sale of new or used automobiles , motor vehicles , recreational vehicles , boats, trailers, or motorcycles , and I • • - • • • .. - When there is a change in ownership of a sales lot or business which has been approved as a Conditional Use, the new owner shall appear before the Planning Commis- sion to reaffirm the conditions of the Conditional Use. (3) AU'I'<MEILE SERVICE STATION STANDARDS. THE FOr..r..GJING PERFORMAOCE AND DEVELOPMENT STANDARDS SHALL APPLY TO ALL PERMITTED AUT0'100ILE SERVICE STATION USES. (a) USES PERMITTED. AN AUT0'100ILE SERVICE STATION SHALL BE A RETAIL PLACE OF BUSINESS ENGAGED IN THE SALE OF MOI'OR FUELS AND IN SUPPLYING GJODS AND SERVICES GENERALLY REQUIRED IN THE OPERATION AND MAINTENAN:E OF AUT0'1<YriVE VEHICLES AND THE FULFILLING OF MOI'ORISTS' NEEDS. MAJOR AUT0'1<YriVE REPAIRS, PAINTING, BODY AND FENDER WORK ARE PROHIBITED. (b) BUILDING LINE Rm.JLATIONS . BUILDING SETBACK LINE FOR ALL STROCTURES SHALL BE TWENTY (20) FEET FRCM THE ULTIMATE STREET RIG!T-OF-WAY LINE, EXCE?r CANOPY ROOFS OVER PUt1P ISLANDS AND LIG!TING FIXTURES MAY BE CANI'ILEVERED TO WITHIN FIVE (5) FEET OF THE ULTIMATE STREET RIG!T-OF-WAY LINE. (c) EXTERIOR DISPLAYS AND TRASH AND STORAGE . 00 DISPLAYS OR STORAGE OF MERCHANDISE, AUT<:l'iCBILES, PARTS OR REFUSE SHALL BE LOCATED CLOSER THAN TWENTY (20) FEET FR<Xi THE ULTIMATE STREET RIG!T-OF-WAY LINE, AND ALL TRASH AND REFUSE SHALL BE STORED IN A BUILDING OR WITHIN AN AREA EN:LOSED BY A WALL AT LEAST SIX (6) FEET HIG!. (d ) LIG!TING. ALL LIG!TING SHALL BE DESIGNED AND LOCATED SO AS TO CONFINE DIRFX:T RAYS TO THE PREMISES. (e) OUTSIDE ACTIVITY. ALL ACTIVITIES, <YrHER THAN THE SALE OF MarOR FUELS AND THE NORMAL SERVICES I l'l:IDENTAL THERETO, ARE PROHIBITED Ol1rSIDE <F THE MAIN BUILDING. (f) OCREENING. A MASONRY WALL SHALL BE INSTALLED AW MAINTAINED ALONG PRO?ERTY LINES WHERE THE PREMISES ABUT A RESIDENTIAL AREA. SOCH WALL SHALL HAVE A TOTAL HEIGHT OF NOT LESS THAN SIX (6) FEET, EXCE?T WITHIN TWENTY (20) FEET OF ANY ULTIMATE STREET RIG!T-OF-WAY LINE, WHERE THE HEIG!T SHALL BE NOT LESS THAN THREE (3) FEET NOR MORE THAN THREE AND ONE-HALF (3 1 /2 ) FEET • • I • • • • • •' • (g) LANDSCAPING. A LANDSCAPE PLAN IN CONFORMAN:E WITH 'mE LANDSCAPE ORDINANCE SHALL BE SUBMI'I'TED WITH THE APPLICATION FOR THE CONDITIONAL USE. ~t Motor Vehicle Repair businesses, not including body or (4) fender work, dismantling or collision repair, and provided that: (e) LANDSCAPING. A LANDSCAPE PLAN IN CONFORMANCE WITH THE LANDSCAPE ORDINAOCE SHALL BE SUBMI'I'TED WITH THE APPLICATION FOR THE CONDITIONAL USE. ~ Motor Vehicle Laundry or Polishing business, Which shall (5) comply with the following conditions: (e) LANDSCAPING. A LANDSCAPE PLAN IN CONFORMAN:E WITH THE LANDSCAPE ORDINANCE SHALL BE SUBMI'I'TED WITH THE APPLICATION FOR THE CONDITIONAL USE. +H Amusanent establishments including , but not limited to, (6) billiard halls, bowling alleys, coin-operated games, dance halls, electronic or video games, night clubs, outdoor commercial recreational facilities, pool halls or skating rinks. 16.4-12 g. Development Requirements. (2) SETBACKS. (a) MINIMLM SETBACK FOR NOOCORNER LOTS SHALL BE TEN (10) FEET. (b) CORNER LOTS SHALL HAVE 00'1' LESS 'mAN A FIVE-FOOT ( 5 ' ) SE'ffiACK THE FIRST ONE HUNOREo ( 100) FEET FI01 THE CORNER. foQU: THAN ONE HUNDRED (100) FEET FI01 THE CORNER SHALL HAVE A TEN-FOOT (10') SE'mACK. (c) WHERE A PROPERTY ZONED B-2, BlEINESS, ABtJI'S UPON ANY PROPERTY ZONED "R" RESIDENTIAL DISTRICT, THE RESIDENTIAL FRONT YARD ~IIIDIENT CF 'mE ABtJI'TING RESIDENTIAL DISTRICT SHALL APPLY TO THAT PORTION <F 'mE PROPERTY IN THE B-2 BlEINESS DISTRICT EXCEPT AS TO SIDE YAROO ON CORNER LOTS. • I • • - ( • • • • • Section 3. Public Hearing. In accordance with Secti on 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance, before final passage, at 7:30p.m. on l't>nday, , 1985, in City Council Chambers, 3400 s. Elati Street, "'Eng,--_.-lewood----.""", Oolor ado. Introduced, read in full, and passed on first reading on the 19th day of August, 1985. Published as a Bill for an Ordinance on the 21st day of August, 1985. Attest: Eugene L. ot1s, Mayor ex off1c1o C1ty 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 complete copy of a Bi l l for an Ordinance, introduced, read i n f ull, and passed on first reading on the 19th day of Augus t , 1985. Gary R. Higbee • I • • • ORDINAt'l:E NO . SERIES OF 1 98s- • • - BY AIJI'HO RITY A BILL FOR COUt~IL BILL NO. 50.1 INTRODOCED BY COUOCIL ME1BER HI rnA Y AN ORDINAOCE AMENDING THE C<XiPREHENSIVE ZONI NG ORDINAOC E OF TH E CITY OF ENGLEWOOD, COLORADO , BY REPEALING SOCTIONS 16.4-12 c (4) All'I'GIOBILE SM..ES OR LEASE NOT IOCLUDING C<MMERciAL VEHICLE WROCK- ING, DI~~LING OR JUNK YARDS; 16.4-12 c (8) GASOLINE AND OIL SERVICE STATIONS; 16.4-12 c (10 ) MOTOR VEHICLE SALES OR LEASE; 16.4-12 c (14) ROCREATIONAL VEHICLE SALES OR LEASE TO IOCUJDE BOATS , TRAILERS , MOTORCYCLES AND CYI'HE R ROCREATIONAL VEHICLES; AND ADDING NEW SOCTIONS 16 .4-12 e (2) SALES wrs FOR tmv AND USED AlJI'a>IOBI LES, MCYI';}R VEHICLES , ROCREZ\TIONAL VEHICLES, BQl\TS, TRAILERS, OR MOI'ORCYCLES; AND 16 .4-12 e (3) AU'I'0'1Cl3ILE SERVICE STATIONS AND ADDING SOCTION 16.4-12 g (2) DEVELOPMENT REQUIREMENTS, SE'IBACKS. WHEREAS, the Plann ing and Zoning Catmission has reviewed the B-2 Zone District regulations to determine Whether or not that section of the Comprehensive ZOning Ordinance adequately reflects the goals of the City as set forth in the Gamprehensive Plan; and WHEREAS, the Planning and Zoning Catmission has considered the B-2 Zone District at public hearing on May 14, 1985 and a'1nounced a study session for May 21, 1985; and WHEREAS, at said study session, only one person (a car lot owner) spoke; and WHEREAS, at the study session of May 21, 1985, it was announced there would be further discussion on the B-2 Zone District on June 4, 1985 Planning and ZOning Commission meeting; and WHEREAS, at the June 4, 1985 discussion, three car lot dealers were present who had been present at the May 14 public hearing, but did not address the Ccmnission on the B-2 Zone District matter; and WHEREAS, after said public hearing, study session and discussion, the recommendation of the City Planning and ZOning Commission to the City Council is that the proposed revisions to the Cbmprehensive ZOning Ordinance be adopted; t-nV, 'niEREFORE, BE IT OROOINED BY 'niE CITY COUOCIL OF THE CITY OF ENGLEWOOD, COLORADO: 1 I • • • • - Section 1 . Tha t th fo l lowi n 3 secti o n s o f th COm prehen sive Zoning Ord i n a nee be r epeale:l : ~-r4-l;!-e-fH AtitoQ!Ieeil-e sales &£ }€ase Re ~ i-RelliBiA'j 9811HeEeia l Yel:liele ~i~T IHS!!IaRHi~ &£ ~k yaE-9s .. ~ ... 4-l;!-e-HH Ree~:ealoi-ef'lal Yei:liel-e sal-es &£ }€ase ~ il:!elliQe Bea~ST I;Failef;ST ~Eeyelef;T aRB &tAeF EeeFea~ieRal Yei:lieles .. All other sections under 16.4-12 c are remnbere:l so a s t o be c o nsecutive. Section 2. That the following new sections are hereby adde:l to read as follows: 16.4-12 e (2) SALES LOTS FOR NEW AND USED AU"''a'1CBILES, MCYI'OR VEHICLES, ROCREATIONAL VEHICLES, 801\TS, TRAILERS, OR MCYI'ORCYCLES. (a) THE SALE OF NEW AND USED AU"''a'1CBILES, MCYI'OR VEHICLES, ROCREATIONAL VEHICLES, 1301\TS, TRAILERS, OR MOI'ORCYCLES AT RETAIL SHALL BE BY A DEALER LICENSED BY THE STATE OF COWRAOO AND SOCH BUS I NESS MAY IOCLUDE SERVICE AND AO::ESSORIES, BlJI' SHALL NOT IOCLUDE THE REBUILDING, OVERHAULING OR STEAM CLEANING OF MOO'ORS, REPAIRING OR REPAINTING OF BODIES, OR REUPHOLSTERING, EXCEPT AS A USE IOCIDENTAL TO THE SAID SALES, AND EXCEPT WHERE ENTIRELY CONI:>!X:TED IN AN FN:WSED STRUCTURE. RECAPPING OF TIRES SHALL NOT BE PERMITTED UNDER ANY CIRCli'ISTAOCES. (b) DEVELOPMENT STANDARDS. ALL SOCH SALES LOTS, IN AOOI- TION TO ALL <Yl'HER PROVISIONS OF THE C I TY ORDINAOCES, SHALL MEET THE FOIL<MING REQUIREMENTS: a. A MINIMlM FIVE (5) FOOT SE'IBACK SHALL BE PROVIDED FR<l'l THE PROPERTY LINE ON THE STREET SIDES OF THE SALES LOT WHICH SHALL BE I:ANDSCAPED IN CONFORMAOCE WITH THE LANDSCAPE ORDINAOCE. THIS LANDSCAPED AREA SHALL BE IOCLUDED IN THE TOO'AL AMOUNT OF REQUIRED LANDSCAPING IN THE ZONE DISTRICT. NO VEHICLES SHALL BE STORED, DISPLAYED, OR PARKED IN THIS AREA. A 20-FOOT ACX:ESS LANE MAY INTRUDE INTO THE SE'IBACK AREA AT TH E REQUEST OF THE APPLICAm' AT TIM E CF APPROVAL OR AMENLliENT TO THE CONDITIONAL US E . 2 r I • • • • • - b. PARKING SHA LL BE PROVIDED FOR CUSTCM ER AND EMPLOYE E CARS IN CONFORMAN.::E WITH SOCTION 1 6 . >-3 THROUGl SOCT ION 1 6. >-6 OF TH E GENERAL R.EGUl...ATIONS IN THIS ORDINAN:E. c. UNLESS WAIVED BY THE FIRE MARSHALL DUE TO AVAILABILITY OF J\CCFSS TO ALL PORTIONS OF THE SALES LOT, A DRIVE LANE SHALL BE PROVIDED FRCM PUBLIC RIGIT-OF-WAY TO STRUCTURFS UX:ATED ON THE PREMISFS FOR J\CCFSS FOR EMERGEN:Y VEHICLES. SUCH DRIVE LANE SHALL BE KEPT FREE AND CLEAR AT ALL TIMFS . d. LIGITING SHALL BE DIROCTE D SO THAT THE BEAM, IF ANY, SHINFS ON THE PREMISFS. e. THE SIGN PLAN FOR THE PREMISFS SHALL CCMPLY WITH TH E SIGN CODE FOR THE CITY, SOCTION 16.4-19 IN THIS ORDINAN:E. f. THE MAXIMLM !'UMBER OF AU'I'aiOOILFS, MCYfOR VEHICLES, ROCREATIONAL VEHICLFS, BOATS, TRAILERS, OR MOTO R- CYCLFS l\I.LCMED FOR ALL PURPOSFS SHALL BE SPOCIFICALLY APPROVED ON THE SITE PLAN, AND THE MAXIMt.M NUMBER OF SAID VEHICLFS PERMITTED ON THE PREMISFS SHALL BE POSTED IN A CONSPICOOUS SPOT ON THE PREMISFS. MORE THAN THE PERMITTED MAXIMt.M NUMBER OF PARKED OR srANDING VEHICLFS ON THE SITE SHALL BE A VIOLATION OF THIS ORDINAN:E. +&+ Site plan submitted. The applicant for approval of a (c) sales lot for new and used autanobiles, motor vehicles, recreational vehicles, boats, trailers or motorcycles shall submit a site plan at a scale no smaller than one inch equals fifty feet (1" = 50') to the Department of Community Development in confoonance with Section 16.5-21 of this ordinance. 'lhis site plan shall inclu:le: * * * A drainage plan. A layout of the portion of the site to be devoted to the display and/or storage of inventory, inclu:ling, but not limited to, nlJllber, type and/or size of units to be displayed or stored, t heir arrangenent and location in relationship to front and side property lines. The maximi.Jll nOOiber o f vehicles to be permitted on the lot shall be posted (see Section ih (b) f. abov e) • A !MR4.M"" se..Saek &f ~ i.ReAes H&l!l aU PHPEI"~Y HReS ~H 8e lfe- ~i-HIST The location and type of lighting. 3 I • • • * * * * * * * • • • Surfacing specifications IN ACCORDANCE WITH CITY STANDARDS. A landscaping plan in conformance with Section 16.4-18 of this Ordinance . Designation of parking spaces for anployees and customers in conformance with Section 16.5-5 of this Ordinance. A DRIVE lANE FOR EMERGENCY VEHICLES IF REQUIRED BY THE FIRE MARSHAL. (See Section (b)c above) The proposed signage (see Section 16.5-19 of this Ordinance) • The location, type and height of fencing, if any (see Section 16.4-17 of this Ordinance). Any other information Which will facilitate the review of the application. -fe~ In reviewing the site plan and accanpanying data, the (d) Planning Q:mnission shall also consider the following: (i) Lighting shall be directed so that the bean, if any, shines on the premises. (ii) The drainage plan and surface at grade has been approved by the Department of ~ineering Services. ~~ WAe ~ ~ ef -~•e&H:esr ~ Yefiieles.,. ~t;~l 'M!Rieles.,. eea~&.,. Kiii-~s.,. H ~yele& allewea H~ all IN~ lliRall 8e ~1-Heally ~ eli 8R ~ t*~ plaA.,. aA8 ~ ---RliiMieE ef &tie Yefi~le& !I@BIIi-t;t;e& 8R t;Re PHI!Ii-&e& lliRall 8e pe&t;eli i-ft a ~pi.e~~&li& &pet; &R t;Re f1NR14ses. MHe t;AaR t;Re ---RliRBeE ef Jiil~keQ H MaRS~ Yefi~le& 8R t;Re &i-t;e &Aall 8e a ~at;MR ef t;Ai-6 QMi-RiiiRee. ~~ Approval of Conditional Use. (e) (i) Approval of the sale of new and used automobiles, motor vehicles, recreational vehicles, boats, trailers, or motorcycles shall be conditional in compliance with the foregoing requirements. 4 I • • • • • (i i) Th e Corrl i t i onal Us e may be crn errloo f r Clll time to time a s request oo b y the owner of t he pranises i n the same manner a s a n ew appl i cat ion fo r Cond i tional Use . fe+ Applicability of this Ordinance . The prov is i ons of this (f) Section shall be irnplane ntoo by : ( i) All new uses for the sale of new or usoo automobiles , motor vehicles, recreational vehicles, boats, trailers, or motorcycles, and ( i i) Upon THE CHANGE OF ownership eAit~e fel' OF any sal es lot or bus i ness after the effective date o f this Ordinance . ~en there is a change in owner - ship of a sales lot or business which has been approvoo as a Conditional Use, the new owne r s ha ll appear before the Planning Oammission to reaffion the corrlitions of the approvoo Conditional Use. (iii) ALL SALES LOTS IN EXISTEOCE ON THE EFFErTIVE DATE OF THIS ORDINAOCE SHALL C(}1PLY WITH THE REQUIRE- HEm'S OF 'lliE LANDSCAPE SOCTION OF THIS ORDINAOCE, SEl:TION 16.4-18, ON OR BEFORE JANUARY 1, 1987. (3) AUTOMOOILE SERVICE STATION SI'ANIWID$. 'lliE FOu.o,.;rNG PERFORMAOCE AND DEVELOPMENr SI'ANDARDS SHALL APPLY TO ALL PERMITTED AU'I'CliOOILE SERVICE SI'ATION USES. (a) USES PERMITTED. AN AUTOMOOILE SERVICE SI'ATION SHALL BE A RETAIL PLACE OF BUSINESS ENGI\GED IN THE SALE OF Mal'OR FUELS AND IN SUPPLYING OOODS AND SERVICES GENERALLY REQUIRED IN THE OPERATION AND MAINTE:N.I\OCE OF AU'I'Cli<YriVE VEHICLES AND THE FULFILLING OF Mal'ORISTS I NEF.nS. MAJOR AU'I'CliCYI'IVE REPAIRS, PAINTING, BODY AND FENDER WORK ARE PROHIBITED. (b) BUIIDING LINE REGJIATIONS. BlJIIDING SE'IBACK LINE FOR ALL SI'ROCTURES SHALL BE 'lWENI'Y (20) FEET FRCM THE ULTIMATE SI'REET RIGIT-OF-wAY LINE, EXCEPT CANOPY ROOFS OVE R PUMP ISLANDS AND LIGITING FIXTURES HAY BE CANTILEVERED TO WITHIN FIVE (5) FEET OF THE ULTIMATE STREET RIGIT-OF-WAY LINE. (c) EXTER IOR DISPLAYS AND TRASH AND SI'ORAGE. 00 DISPLAYS OR SI'ORAGE OF MErCHANDISE, AU'I'CliCBILES, PARTS OR REFUSE SHALL BE rocATED CLOSER THAN 'IWENTY (20) FEET FRCM TH E ULTIMATE SI'REET RIGIT-OF-wAY LINE, AND ALL 5 I • - • • • • • TRASH AND REFUSE SHAU. BE SI'ORED IN A BUILDING OR vHTHIN AN AREA Fl'CLOS ED BY A WALL AT LEAST SIX (6) FEET HIGI. (d) LIGiTING. Au. LIGiTING SHALL BE DESirnED AND LOCATED SO AS TO CONFINE DI!UrT RAYS TO THE PREMISES. (e) OUTSIDE ACTIVITY. Au. ACTIVITIES, DrHER THAN THE SALE OF MOTOR FUELS AND THE OORMAL SERVICES IOCIDENTAL THERETO, ARE PROHIBITED OUTSIDE OF THE MAIN BUILDING. (f) OCREENING. A MASONRY WALL SHALL BE INSTAu.ED AND MAINTAINED ALONG PROPERTY LINES WHERE THE PREMISES ABUT A RESIDENTIAL AREA. SU::H WALL SHAu. HAVE A 'IUrAL HEIGIT OF OOT LESS 'mAN SIX (6) FEET, EXCEPT WITHIN TWENTY (20) FEET CF ANY ULTIMATE STREET RIGIT-oF-WAY LINE, WHERE THE HEIGiT SHAu. BE OOT LESS 'mAN THREE (3) FEET OOR MORE THAN THREE AND ONE-HALF (3 1/2) FEET. (g) LANOOCAPING. A LANDSCAPE PiAN IN CONFORMAN:E WITH THE LANDSCAPE ORDINAN:E SHAU. BE SUBMITTED WITH THE APPLICATION FOR THE CONDITIONAL USE. fW!+ l't>tor Vehicle Repair businesses, not including body or (4) fender work, dismantling or collision repair, and provided that: (e) LANOOCAPING. A LANDSCAPE PLAN IN CONFORMAN:E WITH THE I:Al'VS:APE ORDINAN:E SHAU. BE SUBMITTED WITH THE APPLICATION FOR THE CONDITIONAL lEE. ~ l't>tor Vehicle Laundry or Polishing business, which shall (5) canply with the following conditions: (e) LANDOCAPING. A LANDSCAPE PLAN IN CONFORMAN:E WITH THE LANDSCAPE ORDINAN:E SHALL BE SUBMITTED WITH THE APPLICATION FOR THE CONDITIONAL USE. +41-Amusa.nent establistinents including, but not limited to, (6) billiard halls, bowling alleys, coin-operated games, dance halls, electronic or video games, night clubs, outdoor commercial recreational facilities, pool halls or skating rinks. 6 • I • • • • • 16.4-12 g. Development Requirements. (2 ) SETBACKS. (a) MllHMlJI1 SETBACK FOR NOOCORNER LOTS SHALL BE TEN (10) FEET. (b) CORNER LOTS SHALL W\VE OOT LESS THAN A FIVE-FOOT (5 1 ) SETBACK TH E FIRST ONE HUNDRED (100) FEET FRCM THE CORNER . -l'r)RE Ttii\N ONE HUNDRED (100) FEET FRCM THE CORNE R SHALL HAVE A TEN-FOOl' (10 1 ) SE'mACK. (c) WHERE A PROPE RTY ZONED B-2, BUSINESS, ABlJI'S UPON ANY PROPERTY ZONED "R" RESIDENTIAL DISTRICT, THE RESIDENTIAL FRONT YARD REQUIREMENT OF THE ABtJI'TING RESIDENTIAL DISTRICT SHALL APPLY TO THAT PORTION OF THE PROPERTY I N THE B-2 BlSINESS DISTRICT EXCEPT AS TO SIDE YAROO ON CORNER LOTS. Section 3. Public Hearing . In accordance with Section 40 of the City Charter, the City Council shall hold a public hearing on this Ordinance, before final passage, at 7:30p.m. on Monday, September 9, 1985, in City Council Chambers, 3400 S. Elati Street, Englewood, Colorado. Introdoced, read in full, amended and passed as amended on the 19th day of August, 1985. Published as a Bill for an Ordinance as anended on the 28th day of August, 1985. Attest: E>.Jgene L. 0t1s, Mayor ex off1c1o C1ty 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 a Bill for an Ordinance, introduced , read in full, amended, and passed as amended on the 19th day of August, 1985. Gary R. Hlgbee 7 • I • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 1 4, 1985 AGENDA I TE M I SUBJECT Pro p osed Amendme nt s to t he Com - p r ehensive Zoning Or d inance , §16.2 , §16 .3, §16.4-17 , §16.4 -18 , §16 .4 -19 INITIATED BY City Plannin2 and Zo nin2 Commissio n ACTION PROPOSED Receive the recorrunendation of the Ci t y Planning and Zoning Com- mission relat i ve to cer t ain amend me nts to the Comprehensive Zo n ing Ordinance an d Public Hearin . INTRODUCTION AND BACKGROUND: I n wo r ki ng wi t h the 1985 Comprehensive Zoning Ordinance after it recently became e f- fec t ive, the staff found that there were several sec tions of the Ordinance which could be interpreted differently than intended when they were drafted, and other sections which were difficult to e nforce. The members of the City Co un cil and Planning Com- mission also reviewed th e Ordinance and off red suggestio ns that they felt would eithe clarify o r strengthen the Ordinance. The proposed amendments were discussed with the Planning Commission, and were con- sidered at a public hearing on July 16, 1985. The proposed amendment s are summarized as follows: a. §16.2, Administratio n of the Ordinance . Specific conditions for conside ration by the Board of Adjustment and Appeals in revie wing requests for a variance to th e Sign Code were inadvertently omitted from the Comprehensive Zoning Ordinance during the process of rewriting and editing . These would be incorporated into the Ordinance. b. §16.3, Procedures for Initial Zoning of Property, Rezoning , and Changes and Amendments t o the Ordinance. The amendmen t would add the procedure to be fol- lowed in changing the text of the Comprehensive Zoning Ordinance. c. §16.4-17, Fences and Retaining WalJs . This amendment would prohibit any fences along th e str et side o f propertirs in the B-1 and B-2 Business Districts , but would permit masonry walls no highl•r than 30 inches along the street sides of properties, and walls or fences no mo re than six (6) feet in height on the rear and interior side yards. d. §16.4-18, Lands caping~~ 1. The responsibility for detlrmining the value of property for the purpose I • • • • • -2- of meeting the requirements fo r lands c aping in the event of major remodeling is now on the City staff; the suggested change would pla ce the r es ponsibility on the pro p e rty owner to present inform ation establishing the value of the principal building. If improvement to the principal building exceeds 50% of the value o f th e building, the property would have to be landscaped in compliance with the r egulations. 2. A security instrument would be r equired to cove r the cost of landscaping prior to the issuance of a Temporary Certificate of Occupancy if the land- scapin g is not installed at the time of o r immediately following th e com -pletio n of the construction. 3. The location of the required landscap ing in the commercial and industrial districts is not addressed, and the amendment would r equi r e 50 % o f the land- scaping to be installed between the s treet line and the front buil ding set- back, or in front of th e exist ing buildi n g. 4. A formula would be adopted to determine the number of required st r ee t trees if a lot has more t h an 40 feet o f s tre t frontage. e . §16.4-19, Sign Code. Clarification r elative t o the time required for the re- moval of prohibited signs which have been erected after the enactment o f the Sign Code wo uld be established and th e number o f days given f or compliance would be clarified as "cal e ndar days". TI1ese chang es and/o r additions to th e 1985 Comp r e hensive Zo ning Ordinance are neces-sary for effective implementation. RECOMMENDATION: In conformance with Article VIIl , Par II , Section 58 of the En glew ood Home Rule Charter, the member s of the City Planning and Zo ning Commission recommend that the City Council r eceive th e propos d amendments to the Comprehensive Zoning Ordinance, which are as foll ows: ~: a. §16.2-8 b (1) (c). I' PASS!', UPO~< VARIANCES TO THE SIGN CODE , SECTI ON 16.4-19 OF THE COMPREHENSIVE ZONING ORDI"A:;c;E, THE BOARD OF ADJUSTMENT AND APPEALS SH AL L DETERMINE THAT : (i) THERE ARE SPECIAl ClRr.. l"TA:'CI"S OR CO. DITTO :s S CH AS THE EXISTENCE OF BUILD! 'GS, TOPOGRAPHY, VEGETATTO.". SIGN STRUCTURES OR OTHER 'tATTERS 0,' ADJACENT LOTS OR IHTIII" TilE AD ACF.NT PUBLIC RIGIIT-Of-I.'AY , WHICH WOUl.D SUBSTANTIALLY RESTRICT Till: EFFECTIVENESS OF THE SIGN IN QUESTIO-<; PRO- VIDED , HOWEVER, THAT S Cll SPPC1A1. CIRC 1STANCES OR CONDITIONS MUST BE PECULIAR TO THE PARTTCl LAR BUS l ;ESS OR ENTERPRISE TO WHICH TilE APPLICAN T DESIRES TO DRAW ATTE'>TJON, AND DO O'f APPLY GENF.RAI.I.Y TO ALL BUSINESSES OR ENTERPRISES. (ii) TilE VARIANCE, fF AU1110RIZI:D, IHLL WEAKEN NEITHER TilE Gr: 'ERAL PURPOSE OF THIS ORDINANCE NOR THE REc;ULATIONS PRESCRIBED FOR TilE DISTRICT IN WHICH TilE SIGN IS LOCATED . I • • • (iii) (iv) • • -3- THE VARIANCE, IF AUTI!ORIZED, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE SIGN IS LOCATED . THE VARIANCE, IF AUTH ORIZED, WILL NOT SUBSTANTIALLY OR PERMANE NTLY I JURE THE APPROPRIATE USE OF ADJACENT CONFORMING PRO PERTY . Ame n d the He a din g to Read : b. §1 6.3 Preeee~re f'er ±R~~~e l 6e R ~R g Pre pe r~y eRe ReeeRi RgT PROCEDURE FOR INITIAL ZONING OF PROPERTY, REZONING , AND CHANGES AND AMENDMENTS TO THE ORDINANCE . Add: §16 .3-1 d. RE UIREMENTS FOR CHANGES OR AMENDMENTS TO THIS ORDINANCE. WH ENEV ER THE PUBLIC NECESSITY , CONVENIENCE, HEALTH, SAFETY, MORALS, GENERAL IJELFARE , OR GOOD ZONING PRACTICE JUSTIFIES AN M-fENDMENT TO ANY SECTION OF TIUS ORDIN ANC E, AND AFTER THE AMENDMENT HAS BEE SUBMITTED FOR CON SIDERATION BY THE CO MMI SSI ON, THE CITY COUNCIL MAY CHANGE THIS ORDINANCE, AFTER PUBLIC HEARING HAS BEEN HELD ON THE PROPOSED CHANGE BY THE PLANNING COMMISSION AND TiiE CITY COUNCIL. §16 .3-9 INITIATION OF CHANGE OR AMENDMEN T. 1) A PROPOSED CHANGE OR AMENDMENT TO ANY SECTION OF THIS ORDINANCE MAY BE SUB - MITTED BY THE CITY COUNCI L, THE CO~ITSSION , OR THE BOARD OF ADJUSTMENT AND APPEALS OR UPON THE RECOMMENDATION OF THE CITY STAFF . ANY PROPOSED CHANGE OR AMENDMENT TO THIS ORDINANCE SHALL BE SUBMITTED TO THE PLANNING AND ZO INC COMMISSION FOR ITS EXAMINATION AND RECOMMENDATION BEFORE CONSIDERATIO BY THE CITY COUNCIL . 2) CHANGING THE ORDINANCE. a) COMMIS SION SHALL MEET . THE COMMISSION SHALL MEET TO CONSIDER PROPOSED CHANGES OR AMENDMENTS TO THIS ORDINANCE AT SUCH TIMES AND PLACES AS ES- TABLISHED BY RULES AND REGULATIONS OF THE COMMISSIO , AND AFTER PUBLIC NOTICE OF HEARING . b) ADOPTION OF RECOMl-IENDATIONS. AFTER THE COMMISSION HAS CONSIDERED THE PROPOSED M-IENDMENT OR CHANGE, AND HAS SUBMITTED ITS RECOMl-fENDATIONS TO THE COUNCIL THE COUNCIL MAY ADOPT BY ORDINANCE THE PROPOSED AMENDMENT OR CHANGE AFTER A PUBLIC HEAR I NG THEREON AS SET FORTH IN §16.2-10 a. c) DISAPPROVAL OF CHANGE . 1 N THE EVENT TI!E COMMISSION DISAPPROVES A CH AN GE IN THIS ORDINANCE, A REPORT THEREO SHALL BE MADE TO THE CITY COUNCIL . THE CITY CO !'NCIL SHAlL TI!EREUPO.' REVIEIJ THE RECOMMENDATION AND REPORT OF THE CITY PL~~~ING ~~D ZONING COMMISSION AND MAY, AFTER PUBLIC HEARING , MAKE SUCH CHANGE IN THIS ORDINANCE. c . §16.4-17 Fences and Retaining Walls. Change: §16.4-17 d: Fences in bus in ss dist ricts sh all conform to the following re-quirements : 1. FeRees Bflell be e£ £lese l, 2, 3, 4, er 5; b~~ snell Ret eMeeee the lleigltt e£ aiM H feeh FENCES OF CLASS 2, 3, 4, OR 5, SHALL NOT BE PER- MIT TED 0~ THE STREET SIDE OF ~~y PROPERTY . FENCES OF CLASS 1 ON THE I • • • • - -4- STREET SIDE SHALL NOT EXCEED 30 INCHES NOT APPLY TO EDUCATIONAL INSTITUTIONS. TERIOR SIDE YARD MAY BE OF CLASS 1, 2 , (6) FEET IN HEIGHT . IN HEIGHT . THIS PROVISION SHALL FENCES IN THE REAR YAR D OR IN- 3, 4, OR 5, AND SHALL NOT EXCEED d . §16.4-18 Landscape Ordinance. Change : Add: §16.4-18 b (1). These regulations shall apply IN ALL ZONE DISTRICTS t o ANY CHANGE IN USE OR any new development or to any property on which the prin'cipal buildin g is remodeled, which remodeling cost is equal to o r exceeds 50 % of the estimat ed me~ke~ value o f the ~reperey, !~ ehe fe~~ewi~g ~!ser!ees~ {e~ Reaiae~~!a± Biseriees~ R-~-A,-R-±-B,-R-±-G,-R-~,-R-~-€,-R-~-S/SPS,-R-~, ftfte-R-4T {e+ GeMmereie± Bis~riees~ B-±-eA a-B-~T {e~ !ft~~serie± Biserie~s~ !-±-eft~-!-~~ PRINCIPAL BUILDING AS SUBSTANTIATED BY EVIDENCE SUBMITTED TO THE DIRECTOR . FOR PURPOSES OF THIS SECTI ON, REMODELING COST SHALL BE EQUAL TO THE SUM OF ALL PERMIT VALUATIONS OF l~ORK. §16.4-18 c (2) (a), (b), (c), (e ): WHEN THE TOTAL STREET FRONTAGE IS DIVIDED BY 40 FEET, AND THERE IS A RE~~INDER OF 20 FEET OR MORE, AN ADDITIONAL STREET TREE IS REQUIRED . Change : §16.4-18 c (1) (b). The Landscaping Plan shall be reviewed by the Planning Divi- sion, and if the proposed landscaping complies with the requirements of this Ordinance, it shall be approved. All landscape improvements indicated on or con- tained in an approved site plan shall be completed prior to issuance of a Certif-icate of Occupancy . Hewever, (1) If all conditions necessary for issuance of a Certificate of Occupancy are met except landscape improvements, and the reaso n for not finishi ng the land- scape improvements is because completion of construction occurred outside of a planting season, a Temporary Certificate of Occupancy will be issued AS PRO- VIDED FOR HEREIN . In this siluation , all landscape improvements must be com - pleted by the next plantJng season within a time frame established by the Director. BEFORE THE TCHPORARY CERTJ FICATE OF OCCUPANCY SHALL BE ISSUED, A SECURITY INSTRUMENT NAHING THE CITY AS BE 'EFICIARY SHALL BE FILED WITH THE CITY, 1-lHICI! SECURITY INSTRI.P.'IF.:-iT SHALl REQ IRE THE INSTALLATION OF ALL LAND- SCAPE IMPROVEMENTS WITHIN TilE TTMf: FRA:'IF' ESTABLISHED BY THE DIRECTOR. THE SECURITY INSTRUMENT SHAU FURTHER PROVIDE THAT IT SHALL BE IN FU LL FORCE AND EFFECT FOR ONE YEAR AFTER THE THIE F'RMIE ESTABLISHE D BY THE DIRECTOR OR UNTIL THE LANDSCAPING HAS BEEN COMPLETED . SHOULD ACTIO N BE COMMENCED TO ENFORCE THE LANDSCAPING REQUIREME 'TS, THE SECURITY INSTRUMENT SHALL CONTINUE TO BE IN FULL FORCE AND EFFECT UNTIL THE UIPROVEMENTS ARE COMPLETED. FURTHER, THE SECURITY INSTRUMENT SHALL PROVIDE FOR THE PAYI'IENT OF ALL ATTOR.NEY FEES, COLLECTION FEES AND EXPENSES OF THE riTY IN r~TORCING 111E LANDSCAPI NG REQUIREMENTS. THE AMOUNT OF THE SECURITY INSTRUHENT SI~LL NOT BE LESS THAN TWICE THE VALUE OF THE LANDSCAPING lHPROVE.'lENTS. TilE FORM OF THE SECURITY INSTRUMENT AND ITS TERMS SHALL BE APPROVED BY THE DIRECTOR BEFORE ACCEPTANCE BY THE CITY . (2) TO PROVIDE TilE SECI RITY INSTRUMENT , THE PROPERTY O\mER ~~y DEPOSIT WITH THE I • • • • • -5- CITY CASH I N ESCROW, CERTIFIED FUNDS, OR AN IRREVOCABLE LETTER OF CREDIT, IN A FORM ACCEPTABLE TO THE DIRECTOR. THE PAYEE OF SAID FUNDS SHALL BE THE CITY, AND THE FUNDS SHALL BE COLLECTABLE BY THE CITY BY THE CITY'S GIVING TEN (10) DAYS WRITTEN NOTICE TO THE PARTY GIVING THE INSTRUMENT AND THEREAFTER EXECUTING ON THE INSTRUMENT. (3) THE OWNER (S) OF THE REAL PROPERTY, ON PROOF OF OWNER SHIP AND CONSENT OF ALL HAVING A SECURITY INTEREST IN THE PROPERTY , MAY PLACE A LIEN ON THE PROPERTY IN FAVOR OF THE CITY, t.fHICH LIEN SHALL BE SUPER IOR TO ALL OTHER LIENS AND ENCUMBRANCES. THE FORM OF THE LIEN SHA LL BE AS APPROVED BY THE DI RECTO R AND SHALL PROVIDE FOR THE PAYMENT OF ATTORNEY FE ES AND COSTS OF COLLECTION IN THE EVENT THAT ENFORCEMENT IS NECESSARY . THE OWNER CONSENTS, IN GIVING THE LIEN, THAT REASONABL E EXPENSES MAY EXCEED THE VALUE OF THE LAND SCAPI G REQUIRED . (4) IN ACCEPTING A TEMPORARY CERTIFICATE OF OCCUPANCY, THE OWNER IS CONSENTING AND ACKNOWLEDGING THE AUTHORI TY OF THE CITY TO PERFO~! THE LANDSCAPING RE- QUIREMENTS ON THE PROPERTY AND TO EXECUTE ON THE SECURITY GIVEN BY THE LAND OWNER. Change: §16.4-18 c (2) (e) (1). Minimum of 10% of total lot area MM5~ SHALL be land- scaped, AND NOT LESS THAN 50 % OF THE LANDSCAPING SHALL BE INSTALLED BETWEEN THE STREET LINE AND THE FRONT BUILDING SETBA CK LINE, OR IN FRONT OF THE EXISTING BUILDING. e. §16.4-19 Sign Code. Change: §16.4-19-3 a Permit Requir ed . It shall be unlawful to display , erect , co n- st ruct, relocate or alter (except for copy changes), any sign without first filing with the Department an application in writing , paying applicable fees, and obtaining a s ign permit, exce pt as provided in §16.4 -19-5 and §16.4-19-7 of this Ordinance. IF A SIC. HAS BEEN DISPLAYED, ERECTED, CONSTRUCTED , RE- LOCATED OR ALTERED WITHOUT SUCH PER~IT OR NOT IN ACCORDANCE WITH THE TERMS OF SUO! PER~IT, THE SIC' MUST BE REMOVED WITHIN FIVE (5) DAYS OF OFFICIAL NOTICE. When a sign permit ... Change: §16.4-19-14 Prohibited Hazardous and Abandoned Signs -Enforcement Procedur~. a. Notification of Unlawful Signs. otice shall be given by Certified Mail or personal service to the owne r or lessee of such unlawful signs and to the owner of the property on whi ch such unlawful signs are located . Prohibited signs IN EXISTENCE BEFORE THE EFFECTIVE DATE OF THIS ORDINANCE, as described in §16.4-19-8 shall be decla red a nuisance by the Department. The notice shall require that prohibited si gns SHALL be brought into confor- mance with this Ordinance or be removed within one hundred eighty (180) days after the notice has been received. Signs EXISTING BEFORE THE EFFECTIVE DATE OF THIS ORDINANCE WHICH ARE prohibited in §16.4-19-8 d, j , and 1, shall be removed within three (3) years from the date the notice is received. PRO- HIBITED SIGNS ERECTED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE REMOVED WITHIN FIVE (5) CALENDAR DAYS OF RECEIPT OF OFFICIAL NOTIFICATION FROM TH E DEPARTMENT. This Section shall not be applied to require the removal of any sign for which it is lawfully required, by Federal or State Constitution or statute, that c0mpensation be paid by the City for sign removal, unless the City elects to pay any compensation lawfully required. Hazardous signs are those which, by reason of inadequate maintenance, dilapida- • I • • - • • • • -6- tion, or obsolescence, create an imminent hazard to public health, safety, or welfare, as declared by th e Department; those signs are further declared a nuisance and shall not be displayed or erected within the City . The notice shall require hazardous sign removal within ~eft {!Q} FIVE (5) CALENDAR days. Signs abandoned The members of the City Planning and Zoning Commission further recommend that a public hearing date be scheduled in order that the City Council can formally consider the pro- posed amendments, and that favorable cons .ideration be given to the suggested additions and changes to the 1985 Comprehensive Zoning Ordinance. SUGGESTED ACTION: MOVED BY ______________________________ __ SECOND ________________________________ __ YES _____________ NO ____________ --nBSENT __________________________ __ • I • • • • • • CITY PLANNINc; Al\'D ZONJNr. COMMISSION E GLEWOOD , COLORADO IN THE MATTER OF CASE NO . 15-85 , ) CONSIDERED AT A PUBLIC HEARIN G ) HELD BY THE CITY PLANNING AND ) ZONING COMMISSION, FINDI GS OF ) FACT , CONCLUSIONS AND RECO~~El\'DA-) TIONS RELATING TO CERTAIN AMEND-) MENTS TO THE CO~lPREHE NS IVE ) ZONING ORDI NAN CE !N SECTION ) 1 6 .2 , AD mNISTRATION OF THE ) ORDINANCE; SECTION 16 .3, PRO-) CEDURE FOR INITIAL ZON ING OF ) PROPERTY , REZONING AND CHANGES ) AND ANEI'<'DMENTS TO THE ORDI-) NANCE; SECTION 16.4-17, FEKCES ) Al\'D RETAINIK G WALLS, SECTIO' ) 16.4-18, LAKDS CAPING ORDINANCE, ) AND SECTIOK 16.4-19, SIGN CODE. ) Following the Public Hearing o n Case No. 15-8 5 , which was held on July 16, 1985, the City Planning and Zoning Commission co n sidered amend- ments t o §16.2, Ad ministra tion of the Or dinanc e , §16 .3 , Procedure for Initial Zoning of Property, Rezoning, and Cha nge s and Amendments to the Ordinan ce , §16.4-17, Fences and Retaining Walls, §16.4-18, Landscape Ordinance, and §16.4-19, Sign Code . The meeting wa s h eld in t he City Council Chambers in the Englewood Ci t y Hall, and the public notice was given in the Englewood Sentin 1 on July 3 , 1985 . Messrs. Barbre, Carson, Magnuson , Ve nard, Beier, Allen , and McBrayer were pres nt. Messrs. Steel and Gou rd in were absent . FINDINGS OF FACT Upon review of the evidence tak n in the form of pre s entations, r epo rts and the draft of the proposed amendments to the CcmprehensivP Zoning Ordinance , the City Planning and Zoning Commission make s the following Findings of Fact. 1. That a public hearing was held o n July 16, 1985. 2 . That Notice of Hearing was published in the Englewood Sentinel on July 3 , 1985 . 3. That the proposed amendment s wcr initiated throu gh r ecommenda - tions of the Planning Commission , City Co uncil, and Planning Division sta ff. 4. That ti1 C' ohj ctiv~ of the· proposed amendments is s tated a s follows: • I • - • • • - -2- a . §]6.2 , Admin i stration o f the Or d inan ce . Specifi c co n dition s f o r consideration hy the Board o f Adjustment a nd Ap peals in r e vie win g requests for a variance t o the S ign Code would be inco rp o rat ed , whi ch provision s we r e in advertently omitted from t he Comprehensive Zo ning Ordinance du ring the process of r ewritin g and editing . b . §1 6.3, Procedures fo r Initial Zo ning of Proper t y , Rezoning , and Chang es and Amendments to th e Ordinan ce . The amendment wou ld add th e procedur e t o be f o llowed in changing th e text of th e Comp r ehensi ve Zo n ing Ordinance . c. §1 6 .4-17 , Fen c e s and Retaining Walls . This am e n dment would prohibit any fence s along t he street side of properties in the B-1 and B-2 Busin ess Districts , bu t would p ermit masonry walls n o higher than 30 inches along the s treet s id es of proper ties, and walls o r fences no mo r e than six (6) feet in h eight on the rear and interi o r s ide ya r ds. This p r o- p osal would apply to the installation o f new fences . d. §16 .4-18 , Landscaping Ordinance . 1) TI1e resp onsibility for determining th e v alue of pro pert y for the purpose of meeting th e r equi r ements f or lan d- scapin g in th e even t of majo r r emode ling is now on the City staff; t he sugges t ed ch an ge would place the r espon si- bility on the property owner t o present information establishing the val ue of the principal building. If improvement t o the principal bu ilding exceeds SOX o f the valu of the building, the property would have to be landscaped in compliance with the regul atio ns . 2) A security instrument would be re qui red to cover the cos of landscaping prio r to th issuance of a Temporary Certificate of Occupancy if the landscaping is not in- stalled at the time of or immediately f ollowing the completion of the construction. 3) The location of the required landscaping in the com- m rcial and indus trial dlstricts is not addr essed , and th amendment would require SO Z of the landscaping to be installed belween the slreet line and the front building sc·tba c k, o r in fron of thP existing building. 4) A formula would be adopted to determine th e numb e r of r equired street trees if a lot has mar than 40 feet of street frontage. e . §16 .4-19 , S ign Code. Clarification relative to the time r equired f or the removal of prohibited signs which have been erected after the enactment of th e Sign Code would be eslahlished and thl· numher of day s given for compl ianc£> would he clarifi£>d a s "calendar days " . • I • • ( • • • - -3- 5. That no mcmhcr of the audienc · spoke in favor o f or in opposition to the proposed amendments. 6. That the proposed changes have been initiated to clarify the intent of th e Ordinance and to set s tandards for development throughout the City. COKCL SION 1. That a public hearing was held on July H, 1985 to consider amendments to certain sections of th Comprehensive Zoning Or dinance . 2. That no o n e spoke in favo r of or in opposition to the proposed amendments. 3. That the Planning Commission recommends the following amendments to the Comprehensive Zoning Ordinance: a. Add §16. 2-8 b (1) (c). IN PASSING UPON VARIANCES TO THE SIGN CODE, SECTION 16.4-19 or THE CO}WREHENSIVE ZONING ORDINANCE, THE BOARD OF ADJUSTHE NT AND APPEALS SHALL DETERHINE THAT: (i) THERE ARE SPECIAL CIRCUNSTANCES OR CO}HliTIONS SUCH AS THE EXISTENCE OF BUILDINGS, TOPOGRAPHY , VEGETATION, SIGN STRUCTURES OR OTHER HATTERS ON ADJACENT LOTS OR \\!THI N THE ADJACEKT PUBLIC RIGHT-OF-HAY , 1-IHICH 1./0ULD S BSTANTIALLY RESTRICT THE EFFECTIVENESS OF THE SIG' I QUESTION; PROVIDED, HOI-lEVER, THAT SUCH SPECIAL CIR- CUHSTA NCES OR C01\"DI TIONS NUST BE PECULIAR TO THE PAR- TICULAR BUSINESS OR El\IERPRISE TO \,'HICH THE APPLICN;"T DESIRES TO DRAI-1 ATTENTION, Al\"D DO NOT APPLY GENERALLY TO ALL BU SINESSES OR ENTERPRISES . (ii) THE VARIANCE, IF AUTHORIZED, WILL WEAKEN NEITHER THE GEI\~RAL PURPOSE OF THIS ORDINANCE NOR THE REGULATIONS PRESCRIB ED FOR THE DISTRICT IN WHICH THE SIGN IS LO- CATED . (iii) THE VARIA..'IlCE, IF AUTHORIZED, IHLL NOT ALTER THE ESSE~TIAL CHARACTER OF THE DISTRICT IN HHIC!I THE SIG!\ !S IJ1CATED. (iv) THE VARIA.'IlCE, IF AUTHORIZED, WJL!.. ·or SUBSTN\TIALLY OR PE~~~ENTLY INJURE THE APPROPRIATE USE OF ADJACENT CON- FO~!ING PROPERTY . b. Section 16.3 PreeeeM¥~ PROCEDURE A."JD CHANGES Add: Sectj on 16. 3-l d . REQUJ REMENTS FOR CHANGES OR AHENDHEl\TS TO TillS ORDINANCe. WHE !EVEH TilE PUBLIC NfCJ:SSTTY , COl\'VEKlENCE, IIEALTII, SArFn', MORALS, GJ:NERAJ. WELfARE, OR r.oon ZONING PRACTl CE .liJSTI rJFS I • • ( • • • - -4- AN AMENDMENT TO ANY SECTJ ON OF THJ S ORDINANCE, AND AFTER THE AMENDMENT HAS BEEN SUBMITTED FOR CONSIDERATION BY TilE COM}1ISSIOI\, THE CITY COUNCIL MAY CHANGE THJS ORDINANCE, AFTER PUBLIC HEARING HAS BEEN HELD ON THE PROPOSED CHANGE BY THE PLANNING COMMISSION AND THE CITY COUNCIL. Add: Sect ion 16 . 3-9. INl TIATION OF CHANGE OR AHENDMENT. 1) A PROPOSED CHANGE OR AMENDMENT TO ANY SECTION OF THIS ORDINANCE MAY BE SUBMITTED BY THE CITY COUNCIL, THE COH- HISSION, OR THE BOARD OF ADJUSTHENT AND APPEALS OR ln'ON THE RECOHNENDATION OF THE Cl TY STAFF . ANY PROPOS ED CHA.'<:GE OR Al'1ENDMENT TO THIS ORDINANCE SHALL BE SUBMJ TTED TO THE PLANNING AJ;'D ZONING COMMISSION FOR ITS EXA1'1INATION AND RECOHHENDATIO N BEFORE CONSIDERATION BY THE CITY COUNCIL. 2) CHANGING THE ORDINANCE. a) COM!HSSION SHALL MEET. THE COMMISSION SHALL MEET TO CO NS IDER PROPOSED CHANGES OR Al'IENDHENTS TO THIS ORDI- NANCE AT SUCH TIMES AND PLACES AS ESTABLISHED BY RULES AND REGULATIONS OF THE COMMISSION , AND AFTER PUBLIC NOTICE OF HEARI NG . b) ADOPTION OF RECOMMENDATIONS . AFTER THE COHHISSION HAS CONSIDERED THE PROPOSED Al'!END~IENT OR CHANGE, A:ND HAS SUBMITTED ITS RECO~WENDATIONS TO THE COUNCIL THE COUNCIL HAY ADOPT BY ORDINANCE THE PROPOSED AMEND~!ENT OR CHANGE AFTER A PUBLIC HEARl 'G THEREON AS SET FORTH IN SECTION 16.2-10 a. c) DISAPPROVAL OF CHAl\GE . IN THE EVENT TilE CO IHISSIO.' DISAPPROVES A CHA:'GE IN THIS ORDINANCE, A REPORT THEREON SHALL BE MADE TO THE CITY COUNCIL. THE CITY COUNCIL SHALL THEREUPON REVtm THE RECOHNENDATION AND REPORT OF THE CITY PLANNING At-.'D ZONING COMHISSIO~ AND MAY, AFTER PUBLIC HEARING, MAKE SUCH CHA.NGE IN THIS ORDINANCE. c. Section 16.4-17 Fences and Retaining Walls. Change: §16.4-17 d: Fences in business districts shall c o nf o rm to the f ollowing requiremen ts: 1. FeRees shell ee sf €less ±, ~. ~. 4, e~ ~. e~~ shell Re~ eMeeea ~he he!~h~ sf s!K {et fee~T FENCES OF CLASS 2, 3, 4, OR 5 SI~LL NOT BE PER- NITTED ON THE STREET SIDE OF ANY PROPERTY. FE NCES OF CLASS 1 ON THE STREET SIDE SHALL NOT EXCEED 30 INCHE S IN HEIGHT. THIS PROVISION SHALL NOT AP PLY TO EDUCATIONAL INSTITUTIONS. FENCES IN THE REAR YARD OR 11'\TERIOR S IDE YARD HAY BF. OF CLASS 1, 2, 3, 4, OR 5 AND SHALL NOT EXCEED SIX (6) FET:T PI HEIGHT. • I • • ( • • • • -5- d. Section 16.4-18 Lands c ap e Ordinance. 01ange: Section 16.4-18 b (1). These regulation s shall apply IN ALL ZONE DISTRICTS t o ANY CHANGE IN USE OR any npw developme nt or to an y property on which the principal building i s remodeled , which remodeling co s t is equal t o o r exceedg SO X of the estimated Merket value of th e ~ra~e¥ty; in tRe fa}!aw!ft g aistr!ets+ {a} Res!eefttie!-Bis~r!ets+--R-!-A,-R-!-S;-R-!-6;-R-2; R-2-6,-R-2-6f&~5,-R-~,-6fta-R-4T {ej 6oMmerei~!-Bi~triets+--B-±-efte -S-2T {p} ±na ~s tr!a!-9ist¥!e t s +--}-}-ana -l-~T PRINCIPAL BUILDI NG AS SUB STANTIATED BY EVID EN CE SUB - }!ITTED TO THE DIRECTOR . FOR PURPOSES OF THIS SECTION, REMODELING COST SHALL BE EQUAL TO THE Sill! OF ALL PERMIT VALUATIONS OF WORK. Add: Section 16.4-18 c (2) (a), (b), (c), (e): \-IHEN THE TO TAL STREET FRONTAGE IS DIVIDED BY 40 FEET, AND THERE IS ARE- MAINDER OF 20 FE ET OR MORE , AN ADDITIONAL STREET TREE IS REQUIRED. Change: Section 16 .4-18 c (1) (b). The Landscaping Plan shall be r eviewed by th e Planning Division, and if th e pro - po sed landscaping complies with the requirements o f this Ordinan ce , it shall be app r oved . All landscape improvements indicated on or contained in an appro ved site plan shall be completed prior to is suance of a Certif icate o f Occupan cy . Hawev er; (1) If all conditions necessary f o r i ssuance of a Certificate o f Occupancy are met except lands cape im provemen ts, an d the reason for n ot finishing th e landscape improvements i s because comp letion of co nstruction occurred outside of a planting season , a Temporary Certificate of Occupan cy will be issued AS PROVIDED FOR HEREI N. In this situation, all landscape improvements must be completed by th e next plant in g season wi t hin a time frame es- tablished by the Director. BEFORE THE TEMPORARY CERTIFICATE Of OCCl'PA.'H:Y SHALL BE TS Sl!ED, A c;r:c tTRI Tf INSTRUMF\'T l'A.'Il 'G THE CITY AS BE!\r:J ICJ AR7 S'IALL JL FILED WITH THl CITY, WHICH SECURI n lNS rr.tr~n;T SHALL REQUIRE THE INSTALLATION OF ALL LANDSCAPE IMPROVF.l-IENTS WITHIN THE TIME FRAME ESTABLISHED BY THE DIRCCTOR . TilE SECURITY INSTRlli'IENT SllA LI. FURTHER PROVIDE THAT IT SHALL BE IN FULL FORCE AND EFFECT FOR 0 E YEAR AFTER THE TUIE FRAI-IE ES- TABLJSllfD BY THE DIRECTOR OR UNTIL THE LANDSCAPING HAS BECN COMPLETCD . SHOULD ACTIO'\ BE COMMENCED TO ENFORCE Til E LA'lDSCAPl NG RE Qlll REMEN TS, TilE SECURITY 1 NSTR!Im:t'r SliAl.l CONTTNUE TO BE I!\ FULL FORCE AN!l EFfLCT llt\TIJ. Till. 1MPROVCMENTS ARC Cm!PLF.Hil. Fl'RT11Cll , Till: St:Cl!RJTY lt\STRUl'IENT SHALL PROVJ m: FOR THI: PIIH!l ,I'\T OF ALl . ATTORNEY FD.~:, t'OI.I.JC:TJ 0'1 l'li.S A.-.;11 F:·:rr :~\SES 01' nlf CfTY JN h~;l'O PC I t;(' Till' • I • • ( ( • (2) ( 3) (4) • • • -6- LANDSCAPING REQUIRE lENTS. THE MlOUNT OF THE SECURITY INSTRUHENT S HALL NOT BE LESS THAN TWIC L THE VALUE OF THE LANDSCAPING I MPROV EMEKTS . TH E FORH OF TH E SECURITY INSTRUMENT AND ITS TE R}!S SHALl. BE APPROVED BY THE DIRECTOR B EFORE ACCEPTAKCE RY TilE CI TY . TO PROVIDE THE SECURITY INSTRUHENT , THE PROPERTY Oh'NER MAY DEPOSIT WITH THE CITY CASH I N ESCR0\-1, CERTIFIED FUNDS , OR AN IRREVOCABLE LETTER OF CREDIT , l N A FORM ACCEPT ABL E T O TH E DIRECTOR . THE PAYEE OF S AID FUNDS SHALL BE TH C CITY , AND TilE FU:.IDS S HALL BE COL L ECTABLE BY TilE CITY llY THE CITY'S GIVING TEN (10) DAYS 1./RITTE N NOTICE TO THE PARTY GIVING THE INSTRmiE NT AND TH ERE AFTER EXECUTING ON THE INSTRUHENT . THE OWNER(S) OF THE REAL PROPERTY, ON PROOF OF OI<'NERSIIIP A!'I D CONSENT OF ALL HAVING A SECURITY INTEREST IN THE PROPERTY, HAY PLA CE A LIEN ON THE PROPERTY IN FAVOR OF THE CITY, 1-'HICH LIEN SHALL BE SUPERIOR TO ALL OT HER LIENS AND EKCI.NB RANCE S . THE FORN OF THE LIEN SHALL BE AS APPROVED BY THE DIRECTOR AND SHALL PROVIDE FOR THE PAYHENT OF ATTORNEY FEES AND COSTS OF COLLECTION IN THE EVENT THAT ENF ORCEHENT IS NECE SS ARY. THE OWNER CONSENTS , IN GIVI 'G THE LIE , THAT REAS ONAB L E EXPENSES MAY EXCEED TH E VALUE OF THE LANDSCAPING REQUIRED . IN ACCE PTING A TEMPORARY CERTIFICATE OF OCCUPANCY , THE 01./NER IS CONSENTING AND ACKNOWLEDGING THE AU- THORITY OF THE CITY TO PERFORH THE LAND SCAPING RE- QUIRE~!ENTS ON THE PROPERTY AND TO EXECUTE ON THE SECURITY GIVEN BY THE LA ND Oh'NE R. Section 16.4-18 c (2) (e) (1). Minimum of 10% of t o tal lot area mu~~ SHALL be landscaped, &~ NOT LESS THAN SO % OF THE LANDSCAPING SHALL BE INSTALLED BETI./EEN THE STREET LINE AND THE FRONT BUILDING SETBACK LINE, OR IN FRONT OF THE EXISTING BUILDING. e . Section 16.4-1 9 Sign CodP. Change: Section 16 .1 9-3 a Permit Require,d . 1t sha ll 1-e unlawful t o di sp lay, e r ect, const r uc t, relocate or alter (except f or copy changes), any sign without first filing with th e Department an application in writing, payin g applica bl e fe es , and obtaining a sign permit, except as provided i n 01ang S ction 16.4-19-5 and S c tion 16 .4-1 9-7 of this Or di n ance . Ir A SIGN liAS BEEN DISPLAYED , ERE CTED, CONSTRUCTED , RE- LOCATED OR ALTERED WITHOUT SUCH PERHTT OR NOT IN ACCORDANC!: WITH THE TE~lS or SUO! PERMIT, TilE SIC ' HI.IST BE RENOVED IH T!11N riVE (5) DAYS OF OFri Cl AL NOTl CF . When a sign permit .•. SP lion ]6.4-19-14 Prohihited , Haz a rdous and Ahanduned S ign~. -Lnforcemt·n t Proc<•dllrf's . I • ( ( • • • • -7- a. Notification of Unlawful Sign s . No ti c~ shall b~ g iv en by Certified Mail o r personal service t o th e owner o r lessee of such unlawful s igns and t o the owner o f the property on which such un lawful s i gns are l ocat ed . Prohibited signs IN EXISTENCE BEFOR E THE EFFECTIVE DATE OF THI S ORDINANCE , as describ ed in Section 16 .4-19-8 shall be dec lared a n u isance b y the Department. The n otice shall requi r e that prohibited signs SHALL be brought into c onf ormance with this Ordinance o r be removed within one hund r e d eighty 080) cla ys after the notice has been re ceived . Sign s EXTS>IN G BCFOR[ THC EFFECTIVE DAT E OF THIS ORDINANCE WHICH ARE prohibited in Sec ti on 16.4-19-8 d , j , and 1, shall be removed within three (3) yea r s from th e date the n ot ice is received . PROHIBITED SIGNS ERE CTED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE SHALL BE REMOVED WITHI N FIVE {5) CALENDAR DAYS OF RECEIPT OF OFFICIAL NOTIFICATION FROM THE DEPARTHENT. Th i s Sect ion shall n o t be applied t o r e quire the removal of any sign f o r which it is lawfully required , by Federal or State Co n s t itution o r statute , that compensation be paid by the City for sign removal, unless the City elects t o pay an y comp ensation lawfully required. Hazardous signs a r e those which, by reason of inadequate maintenance , dilapidation, or obsolescence, creat e an imminent hazard t o public health, safety, o r welfare, as declar ed by the Depa rt ment; thos e signs a r e fu rt her declar ed a nuis ance and shall not be displayed or e r ected withi n th e City. Th e notice shal l require hazardous sign removal within ~eH {!Qj FIVE {5) CALENDAR days. Signs abandoned ... RECOMHENDAT ION Therefore, it is the recommendation of th e Ci t y Planning and Zoni n g Commission to the City Council that the pro p osed revi sions t o the Compre- hensive Zoning Ordinance as approved by motion following the Public Hearing on July 16, 1985 b ~ adopted and f o rwarded to the City Council with a favorable recommendation. Upon a mot ion made by Mr. Carson and seconded by Hr . McBrayer at the r egular meeting of the City Planning and Zo ning Commission held on J uly 16 , 1985. Those members voting in favor of the motion: Me s srs. Beier, Carson, Magnuson, McBrayer, Venard , Allen, Barbre . No memb r s voted in oppositi on to the motion . Messrs Gourd in and Stoel were absent. By Order o f th City Planning and Zoning Commission . . ,. • I G~ r ry C. --ven/J 1·d, Ch a irman I • ( ( ( • • • TO: The Planning and Zonin g Commissi on FRO M: The Planning Divisi on DATE: July 2, 1985 RE: Amendm e nts t o th e Comprehensive Zo nin g Ordinance. The revisions to the Comprehensive Zonin g Ordinance have been in effect for almost one month now; and, in working with the new Ordinance, the staff has experienced minor problems with interpretation and enforcement of a few sections. The Cit y Council and Planning Commission have also recommended changes t o the Ordin ance, which the staff would like to address as s oo n as possible. In order to proces s these issues, a Public Hearing has been scheduled on July 16, 19 85 to co nsider the proposed text changes . The proposed changes are as follows: Section 16.2 Administration of the Ordinance . Through an editing error, the variance conditions for consider ing a Sign Code variance were deleted, and should be rein serted in Se c tion 16.2-8 b (1) (c) as follows: Add: Section 16.2-8 b (1) (c). IN PASSIN G UPON VARIANCES TO THE SIG~ CODE, SECTION 16.4-19 OF THE COMPREHENSI VE ZONING ORDINANCE, THE BOARD OF ADJUSDiENT AND APPEALS SHALL DETERMINE THAT: (i) THERE ARE SPECIAL CIRCUMSTANCES OR CONDITIONS SUCH AS THE EXISTENCE OF BUILDINGS, TOPOGRAPHY, VEGETATION, SIGN STRUCTURES OR OTHER MATTERS ON ADJACENT LOTS OR WITHIN THE ADJACENT PUBLIC RIGHT-OF- WAY, WHICH WOULD SUBSTANTIALLY RESTRICT THE EFFECTIVENESS OF THE SIGN IN QUESTION; PROVIDED, HOWEVER, THAT SUCH SPECIAL CIRCUMSTANCES OR CONDITIONS MUST BE PECULIAR TO THE PARTICULAR BUSINESS OR ENTERPRISE TO ~~ICH THE APPLICANT DESIRES TO DRAW ATTENTION, ~~ DO NOT APPLY GENERALLY TO ALL BUSINESSES OR ENTERPRISES. (ii) THE VARIANCE, IF AUTHORIZED, WILL h~N NEITHER THE GENERAl PURPOSE OF THIS ORDINANCE NOR THE REGULATIONS PRESCRIBED FOR THE DISTRICT IN WHICH THE SIGN IS LOCATED. (iii) THE VARIANCE, IF AUTHORIZED, WILL NOT ALTER THE ESSENTIAL CHARACTER OF THE DISTRICT IN WHICH THE SIGN IS LOCATED. (iv) THE VARIANCE, IF AUTH ORIZED , WILL NOT SUBSTANTIALLY OR PERMANENTU' INJURE TH E APPROPRIATE USE OF ADJACENT CONFOro1ING PR OP ERTY. I • - ( ( • • • • -2- Section 16.3 P r ocedure~ for Initial Zoning of Property or Rezo ning. lbis section sets forth c han ges to the zone dis tri ct boundaries and c han ging the zone distri ct c lassifi cat i on , but it d oes not incl ud e the procedure for c han gin g th e t ext or regulations in the Zo nin g Ordina n ce . To corr ect this owmiss ion, th e tit le is to be changed in o rd e r t o encompass the amendments to the t ext of the Ordinance its elf . The following amendmen t s are proposed : Change Se c tion 16 .3 . P~eeee~~e-~e~-~"~t~el-6e"i"~-ef-PPepePty-e"e-Re~e"i"!• PROCEDURE FOR INJTAL ZONING OF PROPERTY, REZONING , AN D CHANGES A~~ AMENDHEN TS TO TH E ORDINANCE. Add: Section 16.3-J d. REQ U IRE~::ENT S FOR CHA.'III\.ES OR AMEND~::E NT S TO Tl-IJ S ORDINANCE . WHENEVER TH E PUBLIC NECESSITY, CONVENIENCE, HEALTH, SAFETY, MORALS, GENERAL WELFAR E, OR GOOD ZON I NG PRA CTICE JUSTIFIES AN AME'DHE'T TO ANY SECTION OF THIS ORDIN ANCE , AND AFTER THE AMF.NDHENT HAS BEEN SUBMITTED FO R CONSIDERATIO N BY THE COMMISSION , TH E CITY CO UNC I L }lA.Y CHA NGE THI S ORDINANCE, AFTER PUBLIC HEARING HAS BEEN HELD ON THE PR OPOSED CHANGE BY THE PLANNING COMMISSION AND THE CITY COUNCIL. Add: SECTIO N 16.3-9. I NITIATIO N OF CHANGE OR AME~~HENT. a. A PROPOSED CHANGE OR AMENDHENT TO ANY SECTIO N OF THIS ORDINANCE MAY BE SUBMITTED BY THE CITY COUNCIL, THE COMMISSION, OR THE BOARD OF ADJUSTHENT AND APPEALS OR UPON THE RECOMHENDATION OF THE CITY STAFF. ANY PROPOSED CHANGE OR AMENDHENT TO TillS ORDINANCE SHALL BE SUBMITTED TO THE PLANNING AND ZONING COMMIS SION FOR ITS EXAMINATIO N ~~ RECOMMENDATION BEFORE CONSIDERATIO N BY THE CITY COUNCI L. b. CHAN GING THE ORDINANCE. (1) COMHISSIO N SHALL HEET. THE COMMISSION SHALL HE ET TO CONSIDER PR OPOSED CHANGES OR AMENDHENTS TO THIS ORDINANC E AT SUCH TIHES AND PLACES AS ESTABLISHED BY RULES AND RE GULATIONS OF TH E COMMISSION, AND AFTER PUBLIC NOTICE OF HEARI NG . (2) ADOPTIO N OF RECO~fENDATIONS. AFTER THE COMHISSION HAS CONS IDE RED THE PROPOSED AME~~HENT OR CHA NGE , AND HA S SUBMITTED ITS RECO~fENDATIONS TO TH E COUNCIL, THE COUNCIL MAY ADOPT BY ORDINANCE THE PROPOSED AME ~~}fENT OR CHAN GE AFTER A PUBLIC HEARING THEREON AS SET FORTI! H. SECTION 16 .2-10 a. (3) DISAPPROVAL OF CHANGE. IN THE EVENT THE COMMIS SJO:'\ DISAPPROVE S A CHANGE IN THIS ORDINANCE, A REPORT THEREON SHALL BE HADE TO THE CITY COUNCIL. TH E CITY COUNCIL SHALL THER EUPON REVIW THE RECO}~~NDATJON ~'IIID REP ORT OF THE CITY PL~~IN G AND ZONING CO}!l-II SSION AI\"D HA Y, AFTER PUBLIC HEARING, MA KE SUCH CHA.>;G E IN THIS ORDINANCE. I • • • • • -3- Se c tion 16 .4-1 7 Fe n c e s a nd Retainins Ha lls . The Plannin g Commis s i o n sugg est e d cha nging this sectio n of the Ordinan ce t o proh i bit any f ences along th e street side of any property in the B-1 and the B-2 , Bu s iness Districts. Ma s onry walls not more than 30 inc he s high wou l d b e pe r mitted o n the street sid e unde r the amendment which would be as follow s : Chang e 16.4-17 d: Fences in business distri c ts shall conform to the following requirements : 1. Fefteee-e~eii -ee-ef-6less-iT-~T-~T-4,-e~-5,-e~~-efteii-fte~ e~eeee-~fte-~ei~ft~-e~-eiM-~e~-fee~T FENCES OF CLASS 2, 3, 4, OR 5 SHALL NOT BE PERJ-IITTED ON THE STREET SIDE OF ANY PROPERTY . FENCES OF CLASS 1 ON THE STREET SIDE SHALL NOT EXCEED 30 INCHES IN HEIGHT. THIS PROVISION SHALL NOT APPLY TO EDUCATIONAL INSTITUTIONS. FENCES IN THE REAR YARD OR INTERIOR SIDE YARD MAY BE OF CLASS 1, 2, 3, 4, OR 5 AND ~HALL NOT EXCEED SIX (6) FEET IN HEIGHT. Section 16.4-18 Landscape Ordinance. There are three areas of c o n c ern t o the staff in the Lands ca pe Ordinance. a. 16.4-18 b (1). The Ordinance now requires a pro perty own e r wh o is remodelin g his building, when the value of the remo deling exc eeds 50 % of the value of the property, to put in landscaping in a cco rdance with the Ordinance. Th e value o f the property includes both the land and the building on the land. Few remo delin g projects would amount t o 50% of the value of the entire pr o perty , and the intent was to require landscaping in cases of subst a ntial remod elin g . Th e staff is of the opinion that the valuation sho uld be r e l a t e d t o th e build ing only, and no t the land as well. The Ordinanc e also p u t s the burd e n o n the Cit y to evalua t e t he wo rth of the pro perty . I f the p r ope rty owner wer e t o be required t o p r ov ide the Department with t he est ima t ed va lue o f the princ ipal building , it would b e s im ple t o compa r e b u i l d in g v a lua ti o n t o th e v al uat i on of the remodeling a n d t o de t e r mine i f the remo deling c ost s e xceed 50% of the value of t h e b uildin g. Thi s propos ed c hange is: Section 16.4-18 b (1 ). Th ese r egulati ons shall a pply I N ALL ZONE DISTRICT S to M"Y CHANGE I N USE OR a ny n ew d e vel op me nt or t o a ny prope rty on whi c h the pr in c ip al b uildin g i s r emode l e d, whi c h r emo d e lin f, cost is equa l t o or e xc e eds 50% of the e s t ima t ed ~erke~ v a lue o! the r~e~e rey--ift-~h• feilewift g-eie~~ie~s~ • -te1--Reeiee!'l~iel-9iet:riete"t --R -i-A;-R-l-BT-R-i ·,·-R-~6,.-R-e;-e!'le-R-4.,. ~&1--Ge~e~eiel-Bie~~iete~--R -i-efte-B-~T ~et--ifte~et~iel-Pie~~iet:e~--i -i-efte-l-2.,. PRINCIPAL BUILDING AS SUBSTANTIATED BY EVIDENCE SUBMITTED TO THE DIRECTOR. FOR PURPOSES OF TH IS SEC T IO N, REMODELING COST SHALL BE EQUAL TO THE SUM OF ALL PERMIT VAL UATION S OF WORK . I • • ( • • • • -5- (4) IN ACC El'TJNG A TEHPORARY CERTJFICATE OF OCCUPANCY, THE OWNER IS CONSENTIN G ANU ACKNOWLEDGING THE AUTHORITY OF THE CITY TO PERFORH THE LANDSCAPING REQUIREMENTS ON THE PROPERTY AND TO EXECUTE ON THE SECURITY GIVEN BY THE LAND 0\oiNER. c . The Planning Commission has suggested that 50% of the landscaping be r equired to be installed on the front portion of a building site for commercial and industrial zone districts. It may be difficult to determine what thP "front portion of a building site" is, and s o the staff would suggest that this amendment read as follows: Section 16.18 d (2) e (1). Minimum of 10% of total lot area flltS!It SHALL be landscaped, AND NOT LESS THAN 50% OF THE LANDSCAPING SHALL BE INSTALLED BE~~EN THE STREET LINE AND THE FRONT BUILDING LINE. Section 16.4-19 Sign Code. Code Enforcement is having an enforcement problem with prohibited signs erected after the Sign Code went int o effect. The Code states that notice shall be given that a prohibited sign shall be brought into conformance or be removed within 180 days after the notice has been received. This section was intended to apply to prohibited signs which were in existence at the time the new Sign Code was adopted . Code Enforcement would like a new section dealing with prohibited signs erected after the date of the Ordinance, which signs would have to be brought into conformance or removed within five days of the City's giving official notice. The following changes are suggested. Section 16.19-3 a. Permit Reguired. It shall be unlawful to display, erect, construct, relocate or alter (except for copy changes), any sign without first filing with the Department an application in writing, paying applicable fees, and obtaining a sign permit, except as provided in Section 16.4-19-5 and Section 16.4-19-7 of this Ordinance. IF A SIGN HAS BEEN DISPLAYED, ERECTED, CONSTRUCTED, RELOCATED OR ALTERED WITHOUT SUCH PERMIT OR NOT IN ACCORDANCE WITH THE TERMS OF SUCH PERMIT, THE SIGN MUST BE REMOVED WITHIN FIVE (5) DAYS OF OFFICIAL NOTICE. When a sign permit .... etc. to end of section a. Section 16.4-19-14 Prohibited, Hazardous and Abandoned Signs -Enforcement Procedures. a. Notification of Unlawful Signs. Notice shall be given by Certified Main or personal service to the owner or lessee of such unlawful signs and to the owner of the property on which such unlawful signs are located. Prohibited signs IN EXISTENCE BEFORE THE EFFECTIVE DATE OF THIS ORDINANCE, as described in Section 16.4-19-8 shall be de c lared a nuisance by the Department. The notice shall require that prohibited signs SHALL be brought into conformance with this Ordinance or be removed within one hundred eighty (180) days after the notice has been received. Signs EXISTING BEFORE THE EFFECTIVE DATE OF THIS ORDINANCE WHICH ARE prohibited in Section 16.4-19-8 d, j, and 1, shall be removed within three (3) years from th e date the notice is received. PROHIBITED SIGNS ERECTED AFTER THE EFFECTIVE DATE OF THIS ORDINANCE SHAU BE REMOVED WITHIN FIVE (5) DAYS OF RECEIPT OF OFFICIAL NOTIFICATION FRO~! TilE DEPARTMENT. This Section shall no t b e applied to require the removal of any sign f o r which it is lawfull y required , by Federal or State Constitution or statuti:', th a t comr n sa ti on b e paid b y the City for sign remo v a l, u nle ss thr Cit y le c t s t o p ay a ny com pens a ti o n lawfull y req uired . I • • ( • • • • -6- Hazardous signs are those which, by reason of inadequate maintenance, dilapidation, or obsolescence, create an imminent hazard to public health, safety, or welfare, as declared by the Department; those signs are further declared a nuisance and shall not be displayed or erected within the City. The notice shall require hazardous sign removal within ee~-~i9~ FIVE (5) days. Signs abandoned ••••• etc to end of aection a. To the best of the staff's knowledge, these amendments wi l l comp l ete th e "housekeeping" additions to the Ordinance which will facilitate both interpre- tation and en f orcement. The amend ments a l s o a ddr e s s the is sue s cons i d e r ed b y the City Coun c i l and the Planning Commissio n. • I • • • • • LANDSCAPE ORDINANCE 16.4-18C(2) (e) (1). Landscape Ordinance. A minimum of 10% of the total lot area mY&G SHALL be land- scaped with no less than 80% of the landscaping installed on the front portion of the lot (from the front of the ~~~~ building to the street line). IF THE i~&BB be¥ ABUTS OR OR IS ADDAJENT TO AN R-1-A, R-1-B, R-1-C , R-2, OR R-2-C ZONE DISTRICT, THE REMAINING 20% OF THE REQUIRED LANDSCAPING SHOULD BE INSTALLED TO BUFFER THE RESIDENTIAL DEVELOPMENT FROM THE SALES LOT. These emendments are proposed to be made to the amendments to the Comprehensive Zoning Ordinance as referred to the City Council by the City Planning and Zoning Commission in the Council Communica- tion dated August 14, 1985. I • • - • • • • LANDSCAPE ORDINANCE 16.4-18C(2) (e) (1). Landscape Ordinance. A minimum of 10% of the total lot area MY&~ SHALL be land- scaped with no less than 80% of the landscaping installed on the front. portion of the lot (from the front of the ~J:Lr buildin~ street line). IF THE eAb88 b9T ABUTS OR OR IS A TO AN R-1-A, R-1-B, R-1-C, R-2, OR R-2-C ZONE DISTRICT, THE REMAININGt~O~.Qf~~ REQUIRED LANDSCAPING SHOULD BE INSTALLED~ BUF~R-~E~ESIDENTIAL DEVELOPMENT FROM THE SAbB&-bOT. · ~-...<~(J .....,._ These emendments are proposed to be made to the amendments to the Comprehensive Zoning Ordinance as referred to the City Council by the City Planning and Zoning Commission in the Council Communica- tion dated August 14, 1985 • • ~~~------------------~~--------_.~~~~----~~~-n I • • - • • C 0 U N C I L DATE 7/23/85 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM II~ SUBJECT Easement to City of Englewood at 2800 Block South Emerson St . INITIATED BY Engin~ering Services De partment ACT I ON p R 0 POSED __ A!!p~;.p~ro~v_ea~l~o~f_:r_::e;;:s~o::!l:.::u~t~i:::o~n!...!a!!c::.!c::.!e:.lp::.:t::.:l.~· nc.::g:L.....:g:Lr~a::.n:..:.t::_o=f-=e:::a:::s.:::em=e::.nc.::t:.__ ____ _ BACKGROUND During the formation of Paving Distr ict No. 30 , Mr . Richard Bickhard of 2882 South Emerson Street stated that he would like a cul-de -sac where the e xi sting street ends at his property . He agreed to grant the City an easement to construct this c ul-de-sac . FINAN CIAL The consideration is $10.00 . RECOMMENDATION It is recommended that City Council approve the resolution to a ccept the grant of easement for street purposes in construction of a cul -de -sac on the 2800 block of South Emerson Street as part of Paving District No . 30 construction . PK/lo • I • • , • RESOLUTION oo.J I SERIES OF 1985-- • • • A RESOLUTION ACCEPTING GRAN!' OF EASEMENT FRa-t RICHARD T. BICKHARO, JR. AND MARJORIE J. BICKHARD FOR STREET PURFQSES IN CONSTROCTION OF A CUL DE SAC ON EMERSON STREET AS PART OF PAVING DISTRICT NO. 30. WHEREAS, the 2800 block of s. Emerson Street is included in Paving District No. 30; and WHEREAS, the existing street dead ends at the City Ditch in front of 2882 s. Emerson Street, owned by the Bickhards, who requested that the City construct a cul de sac at the dead end to facilitate turning of large vehicles such as fire trucks and trash pickup trucks; and WHEREAS, City has agreed on the condition it receive a permanent easement fran the property owners on which part of the cul de sac would be constructed; and WHEREAS, the property owners have agreed to grant an easement to the City whereby they retain ownership of the property necessary to meet future construction/lot-coverage requirements; NCX-1, THEREFORE, BE IT RESOLVED BY THE CITY CCllJOCIL OF THE CITY OF ENGLEWOOD, COLORADO : Section 1. That the Grant of Easement by Richard T. Bickhard, Jr. and Marjorie J . Bickhard to the City of Englewood for street purposes in constructing a cul de sac at the dead end of S. Emerson Street in the 2800 block is hereby accepted . A copy of said Grant of Easement is attached hereto and incorporated herein by reference. ADOPTED AND APPROVED this 19th day of August, 1985. Atte st: Eugene L. 0t1s, Mayor-- ex off1c1o C1ty Clerk-Treasurer I , Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Englewood, Colorado, hereby certify the foregoing to be a true , accurate , and canplete copy of Iesolution No. __ , Series of 1985. Gary R. Hig bee • I • • -~ . ( • • • • GRANT OF PERMANENT FASEMENT KNCM ALL MEN BY THESE PRESENTS, that RICHARD T. BICKHARD, JR. and MARJORIE J. BICKHARD of 2882 S. Emerson Street , Englewood, Colorado 80110, for and in consideration of Ten Dollars and other good and valuable consideration, in hand paid, do hereby grant and convey to the CITY OF ENGLEWOOD, COLORADO, a municipal corporation duly organized and existing under and by virtue of the Constitution of the State of Colorado, a permanent easenent for street purposes upon, across, in, through and under the following described parcels of real property situate in the City of Englewood, County of Arapahoe, State of Colorado, to wit: Parcel 1: Beginning at the SW Corner of Plot 3, Block 3, McClairs Forest Hill Addition to City of Englewood, Arapahoe County, Colorado; thence Northerly and along the West line of said Plot 3 a distance of 75 feet ; thence Easterly and along the South line of a parcel described in Book 1169 at page 330,Aiapahoe County Records, a distance of 7.44 feet; thence Southerly and parallel to the West line of said Plot 3 a distance of 25.67 feet to a point of curvature; thence 16.33 feet along the arc of a curve to the left having a radius of 15 feet and a central angle of 62o23'32" to a point of reverse curve; thence 41.92 feet along the arc of a curve to the right having a radius of 26 feet and a central angle of 92o23 '14" to a nontangent point on the South line of said Plot 3; thence Westerly 25.96 feet and along the South line of said Plot 3 to the Point of Beginning, containing 1,275 square feet, more or less . Parcel 2: That part of the SW 1/4 of the ~ 1/4 of the ~ 1/4 of Section 35, Tbwnship 4 South, Range 68 West of the 6th P.M., described as follows: COmmencing at a point 163 feet West of the SE corner of the SW 1/4 of ~ 1/4 of ~ 1/4 of said Section 35; thence West along the South line of the ~ 1/4 of twJ l/4 of said Section 35 a distance of 143 feet; thence Northerly and parallel with the East line of the SW 1/4 of ~ 1/4 of twJ 1/4 of said Section 35 a distance of 319.91 feet to the SW corner of Plot 3, Block 3, McClairs Forest Hill Addition to the City of Englewood; thence Easterly and along the South line of said Plot 3 a distance of 12.00 feet to the True Point of Beginn ing , said True Point of Beginning lying on the Easterly right of way of 2800 South Emerson Street described in Book 848 at page 59, Arapahoe County Records; thence Easterly and along said South line of Plot 3 a distance of 13.96 feet to a point of nontangent curvature; thence 18.51 feet along the arc of a curve to the right having a radius of 26 feet and a • I • - ( • ( • • • • central angle of 40o46'52" to a nontangent point on the Easterly right of way of 2800 South Fl:nerson describej in Book 848 at page 59, Arapahoe County Records; thence Northerly and along said Easterly right of way a distance of 11.55 feet to the True Point of Beg inning, containing 100 square feet, more or less. Grantors expressly retain all rights in and to the property which is the subject of the within easanent lotlich will not unreasonably interfere with or be in derogation of the rights herein granted. The City of Englewood, as a condition of this easement, shall prohibit parking on the entire cul de sac which is either embraced within the easement herein granted or formerly platted as Ehler son Street. the City shall erect appropriate "no parking" signs and shall enforce the parking restriction. SI<~ED and delivered this day of -------' 1985. Richard T. B1ckhard, Jr. Marjorie J. B1ckhard STATE OF COLORADO COUNTY OF ARAPAHOE ss. The foregoing ~oas acknowledged before me this day of , 1985 by Richard T. Bickhard, Jr. and MarJorie J. ::B,-ic..,-,kha,---r""'"'d~,-owne-rs in joint tenancy of 2882 s. Fl:nerson Street, Englewood, Colorado. Witness my hand and official seal. My Oammission expires: 2 Notary Publ1c Address: • I • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE August 13 , 1985 AGENDA ITEM SUBJECT JJ d. Revisi on of Park Permit Program INITIATED BY Englewood Park s and Recreation Commission ACTION PROPOSED Revi s ion o f p resent park she lter r eservation program which w~~ ld re.quire_llll l2_e_qer _qrol!Q_s of ...2_ark users to obtain a...Q_ar k...Q_ermit. A plan to charge for park permits and give residents and Englewood Schools p riorit y for reservations at a l ower cost was discussed at the August 8 , 1985 meeting of the Englewood Par ks and Recreation Commission. The use of parks by outside day camp s and YMCA s and re port s of unsupervised children was also discussed in the meeting. All p lan s discusse d we r e declared somewh a t impr a ctica l due to the lack of per s onnel to en f o rce the r ese rvation rules to see that groups moving in have taken o u t a pe r mit a nd paid thei r fe es. After considerab l e discussion, a mo ti o n wa s ma de by Commissioner All en, second e d by Commissioner Dounay, TO RECOMMEND TO CITY CO UNCI L TI IAT 1) AT PRESEN T THE CITY SHOULD CONTINUE TO RESERVE THE PARK SHELTER S FOR 50 OR MORE PEOPLE FREE OF CHA RGE ON A FI~ST COME, FIRST SERVED BASIS AS THEY HAVE IN THE PAST; 2) GROUPS OF 25 OR MOR E PEOPLE, SUCH AS SCHOOL S , YMCA, DA Y CAM PS , CHURCHES, DOG SHOWS, ETC ., WHO WISH TO USE PAR K AREAS OR FA CILITIE S OTHER THAN THE PA RK SHE LTERS, MUST TAKE OUT A PERMIT AT NO COST WITH THE PARKS AND RECREATION DEP AR TME NT. ENGLEWOOD GROU PS OR SCHOOLS HAVE JANUARY THROUGH MARCH TO MA KE RESERVATION S FO R EITH ER THE SHELTER S OR PARK AREAS. OUTSIDE GROUPS MAY MAKE RESERVATION S AFT ER THE LAST DAY OF MARCH. THIS WILL GIVE THE CITY A RECORD OF WHO USES THE PAR K, WILL HE LP PR EV EN T PARKS FROM BEING OVERCROWDED WITH SEVERAL GROUPS, • I • • • • • -2- AND WILL GIVE THE CITY A CONTACT PERSON'S NAME AND ADDRESS IN THE EVENT OF ANY MISUSE OF THE PARK OR POOR BEHAVIOR ON THE PART OF THE USERS . ~-----------------------------------------------------------------·----- SUGGESTED ACTION: MOVED BY ______________________________ __ SECOND ________________________________ __ YES ______________ NO ____________ --J BSENT ______________________ __ • • I • • TO: FROM: DATE: SUBJECT: • • • M E M 0 R A N D U M ---------- E. P . Romans, Director of Parks &~ea ion leon Kuhn, Ass't . Director of Parks August 14, 1985 Park Fac i lit i es Reservation System Report This report provides information regarding Englewood's park shelter reservation system, general informat ion regarding current facility usage, an analysis of reservat ion systems and fee schedules used by other large park & recreation depa rtments in the De nv er Metro Area and alternatives for review, alon g with pros and cons for each alternative. The system fo r rental of fields used by our department is provided as additional information to this report. Since most departments have very similar requ irements for rental requirements and fees, this issue was not analyzed for availabl e alternatives. Additional information in the summar y provides some information as to reservation system control and park facility policing. Englewood's present park shelter and picn;c facility usage requirements are as follows : -Parks shelters are reserved for the year beginning January 2 of each year. -Park s shelters are reserved on a first come, first served bas is. -There is no fee or preference given to residents. -Shelter s are only reserved for those groups having 50 or more participants. -Reservations may be called in by phone or made in person . Reservat ion s by phone must be confirmed within two workir.g days in person and a permit issued. Failu re to comply to this rule can result in reservation cancellation. -Reservation slips must be posted by the group using the reserved facility a minimum of two hours in advance of picnic/activity. -There is no reservation system for general park usage, day care, or school usage; either in or out of city use. Requirements for Ballfield reservations: -Belleview and Spencer fields are the only fields rented. Teams make own arrangements for balls and umpires. -Rentals are on a first come, first served basis. -Fields are rented for games only. -Usage is figured to the nearest half hour. -Rentals may be cancelled by the Parks and Rec. De pt. five days before the rental date. {League play and raino uts have priority over rentals.) -Non-Englewo od leagues pay triple the rental rate. -All park regulations apply to any and all park facilities, reserved or non-reserved. -No alcoholic beverag e allowed by City Ordinance . • I • • • • • Memorandum August 14 , 1985 -2- Park Facilities Reservation System Report -No collections or charges to spectators can be made without written approval of the Parks and Recreation Dept . -Playability of the field is to be determined by City employee assigned to the game and that decision is final. -All fees are due 5 days prior to date of rental. -Fees paid by no-shows are non-refundable . General Information Regarding Englewood's Current Park Shelter/Facilities Usage. Shelter and covered picni c facilities are reserved at Belleview (two picnic shelters and the nature area shelter), Cushing, Jason, Bates-Logan, Centennial, and Baker Parks. Group reservations have been averaging around 425 groups per year, with approxi- mately 60 % of persons making th e reservations being an outside resident. We have experienced a high usage and demand for park shelter usage this year. To date, practically all park shelters are booked through the end of September for weekend use and many re s ervations are now being made for weekday evenings. We have also observed a very high usage of all park facilities by drop-in bus- loads of out of City schools, day cares, and religious schools. These groups generally have inadequate supervision over their groups, cause disruption to other park users , and often vandalize park facilities, trees, and landscape. this problem seems to be an issue in immediate need of control. 1 personally have received two calls, this yea r , regarding this problem, from _residents adjacent to Belleview and Jason Parks. Analys is of Reservat ion Systems, Fee Schedules & Requirements by Other Large Departments in the Denver Metro Area for Shelter/Picnic Area Usage : The information regard ing the above 1 isted items are attached for your review. Some items noteworthy of comment are: 1. The only city allowing special reservation times for residents only is the City of Denver for their mount ain parks. Although their local permit requires residency, it is a "grey" area, not strictly enforced. 2. Departments allowing alcohol do so by specia l permit : exception Denver & Aurora. Those 1 imiting alcoholic beverage to 3.2 only, have no effective control of this requirement. No department allows "hard" liquor. 3. Most cities/districts require permits. Foothills and Wes t minster require no permit fees. Foothills does require a da mage/cleanup deposit based on group size. 4. Aurora is the only city with no permit or fee requirements. 5. South Suburban and Lakewood require damage/cleanup deposits, along with use fees. 6. Most cities/districts require a permit for schools/day cares to use open park areas at no charge, however, permits and fees are required for use of sheltered picnic facil iti s. School and day care usage without fees is restricted to Monday thru Friday usage. • • I • • - • • Memorandum August 14, 1985 -3- Park Facilities Reservation System Report • • • ]. Only South Suburban and Wheatridge have resident and non-resident fees. In addition, their systems are the most diversified and difficult to control. SUMMARY: Attached are alternatives the City Council may review in considering changes to our existing shelter/facility permit and reservation system. It should be noted that those departments having resident and non-resident fees have either a ranger program or special pol icing force to assist in control of this requirement, as well as general park usage. Westminster, at times, may require a roster of shelter users to determine residency. In final review of all information and procedures used by various departments throughout the Denver Metro Area, it is perhaps best to adopt those require- ments and fees for shelter/facility use that best suit the local community needs rather than copy another department's pol icy. For the purpose of determining residency, I would recommend that if a local business or sponsor is a local address, then that group be declared resident. For purpose of determining residency of a group made by an individual, the individual making the reservation must be a resident. When in doubt as to residency of any group by individual reservation, the department may require a roster of participants; SO % of which must reside within the City. LK:ha • I • ( City/District Permit System Denver Ye s Eng I ewood Yes Lakewood Yes large shelter (ISO max .) Others 75 or less • • • METRO AREA ANALYSIS -PARK FAC I L1 TV USAGE She1ters/Picnic Areas # Peop 1 e Requ i red School s/Oay Cares Res I dent No n-Res . For Reservation Permit Re uired Fee Fee 50+ Yes $15 .00 $15.00 (As of Oct. 1 , 1985) $25.00 $25 .00 50+ No None None No Minimum Perm i t, but no fee No distinction 75 or less unless us ing shel ter $25.00 $25.00 75 -ISO by re s ervation. $150.00 0 Pri ori ty Time Res. Reservations Mounta in Parks only. Res. have priority Feb. 1 -Apr i I 1 No pr io rity system for Ci ty residen ts or Englewood schools Non e $150.00 Speci al Condi t ion: Groups over 100 must pay a $100 damag e deposit, refundable if the facility is left c 1 ean and with no damage -checked by Parks Department. Aurora Westminster (3 Pavi I ions) Foothi II s North Jeffco • None Yes Yes Yes All facilities are on a first come-f i rst serve basis, with no reser'Jat ion system . 3.2 only-no g lass. No alcohol at athletic f i elds . 25+ Yes No Mi nimums PermIt requ ired No distinction No fee No Distinct ion None None Speci al conditions (fees) -Less than 30 people-$30 refundable deposit -refundable if area c 1 ean and no damage -50 or more peop I e -$50 refundab I e depos J t -same conditIons . Maximum 400 No Minimum Perm i t requ i red if continued use; no fee; M-F only. Page I • $50 for 5 hours No distinction between Residents -Non-Residents Large picnic areas $15 for 5 hours None A lcoholic Severa es 3 .2 only No glass None A l l owed 3. 2 o n I y No glass 3 .2 only No glass 3.2 only by special Perm! t - No charge No glass Allowed by add ' I perm! t No charge 3 .2 only Requ Ires add'l $5 permit • - ( Ci ty/Distric t Perm i t System South Suburban Yes Whe at ridge Yes • • • • METRO AREA ANALYSIS -PARK FAC ILl TY USAGE K Peop 1 e Required Fo r Reservation She I ters/Picnic Areas 0 Non-Res. Priority Time Al coholic Schools/Day Cares Perm It Required Resident Fee Fee Res. Re servations Bevera es Categor ies 30-59 60-99 100-149 150-199 200-249 250-399 40 0 -599 600 -799 800-999 10001- Permit Re quested 10 15 25 35 45 55 65 75 85 95 20 30 50 70 90 110 130 150 170 190 ** Additional SS/permit fee for resident alcoho l added to resident fee ** Additiona l $10/permit fee for non-resi dent a lcohol added to non-res i dent fee Exemption s al l owed-(Permi t w/no fee) -no alcohol only •Char ita ble Organizations •District Schools In excess of 30 participants $25 damage/cl eanu p deposit, refundab le within 30 days for Hemor i a 1 Day , Independence Day and Labor Day • these da s · a ll non-alcoholic usa e. 25-75 75-125 125 -225 225-300 300-400 400 is maximum Special Condl t Ions : Schoo ls -pe rm it no fee -H-F only Ne i ghborhood Day Cares permit, but no fee H-F only 20 25 30 40 50 P icni c a reas -25 or more-permit required, but no charge Local church or company sponsors are considered as residents 40 50 60 so 100 The City may require a r oster to check residency; 50% of group must be residents to be el iglb1e for resident: rates . Page II • No priority-Bee r and first come -first wine only t.f. served None 3 .2 only No glas s No permit required AI ter na t i ves 1. Charge a $25 pe r mit fee for shelter usage for groups of 50+ resident & non-res. 2. Allow residents, Englewood based schools a priority time of reservation Jan. 5 thru Mar. 31. 3. Charge a $25 permit fee for non-Englewood schools, day cares, rei igious schools and other organizations busing children to parks and using park shelters. 4. Allow Englewood Schools free use, however, require a permit. Shelters use or general open space use. S. Leave existing system as • is. Allow residents & local schools priority for re- servations, Jan. 2-March 31. Require a permit for day cares, schools, scouts & other local youth groups in excess of 25 people. • • • ALTERNATIVES h •.. USE OF PARK SHELTER/PICNIC FACILITIES Pr os Provi de s r e ve nu e to o f f set park fac il i ty ma intenance costs. Estimated $12,000/yr . AI lows resident & loca l schools the opportunity to have fi r st choice for plan- ning picnics, etc. Provides revenue to offset park facility maintenance costs. Estimated $10,000 per year. Places a control on overcrowding, abuse of park areas & facilities by unsupervised park users. Allows department to place supervision requirements on the user. Allows department to keep a schedule of use and prevent overcrowding of park areas at any given time. Commission Recommendation -1- • Cons Us e rs are acc ustomed t o free u sage. De lay s any sche du l ing for use by non-resi den t s until Apri I I. Will require policing with poI i ce powers 0 Remar ks S i nce a rese r vation guarantees use, a charge of $25 is very reasonable. With a group of SO+ this cha r ge amounts to only so~ per person . Difficu l t to enforce. Non- resident could have resid - ent make reservation f or their group. Day cares & other users charge for their services while using Englewood's parks free. Aids department pol icing of park users and follow-up leads to occurrences of vanda I ism. Allows for local schools to use parks at no charge to students. Promotes comm- unity appreciation among yo uth of the community. Difficult to verify & control residency, determine local residency of group members; only can determine residency of person making reservation. • - 6. 7. • AI ternat i ves Charge $50 permit fee for shelter use for groups of 50+ (non-resident fee). Require a permit, but no fee for non-Englewood schools, day cares, re- I igious schools, and other organizations busing children to parks for general open area use. • • • 0 ALTERNATIVES FOR USE OF PARK SHELTER/PICNIC FACILITIES Pros Outside user pays double resident fee to help offset facility maintenance costs. Allows department control of overcrowding parks. -2- • Cons Users accustomed to no fee may feel the pol icy is discriminatory. Remarks Continuous pol icing be- comes a necessity for enforcement. Essential to control over - crowding and provides a contact in case of facil it) damage or uncontrolled littering. • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE SUBJECT Uses for Lottery Fund s AGENDA ITEM II~ August 13, 1985 INITIATED BY Englewood Parks and Recr e ation Commission ACT I ON PROPOSED Recommendation s as to the Expenditure of the 1985 Lottery Funds {$322.979) and Estimat ed 1986 Lottery Funds {$155 .000). The Englewood Par ks and Rec reat ion Commission, at their meeting of August 8, 1985 reviewed at great l e ngth th e 1985 and 1986 Lottery funds along with a long 1 ist of projects. Commis s ioner Schroede r made a motion, seconded by Commissioner Allen , THAT A RECOMMENDATION BE MADE THAT THE 1985 LOTTERY FUNDS BE SPENT AS APPROVED AND BUDGETED BY CITY COUNCIL . THESE EX PENDIT URES ARE BUDGETED FOR THE FOLLOWING NEEDED PRO J ECTS : (A) $110,331 TO REDUCE MILL LEVY FOR RECREATION CENTER; (B) $50,000 TO SOUTH SUBURBAN PARK FOUNDATION FOR PLATTE RIVER TRAIL; (C) $162,648 FOR IMPROVEMENTS AT MILLER FIELD IN IRRIGATION AND DRAINAGE , AND FOR TENNIS COURT STA BLIZATION, IMPROVEMENT AND BEAUTIFICATION OF SLOPES. UNUSED LOTTERY MONEY, IF ANY, SHALL BE CARRIED OVER TO THE 1986 LOTTERY FUND TO ASSIST WITH THE 1986 PROJECTS. ANY UNUSED FUNDS ALONG WITH THE ESTIMATED LOTTERY FUNDS FOR 1986 OF $155,000 ARE RECOMMENDED TO COVER THE FOLLOWING PROJECTS AS FAR AS THE FUNDS SHALL PERMIT : 1. REDUCE MILL LEVY ON RECREATION CENTER 2 . ASPHALT OVERLAY FOR THE DETERIORATING N.W. GREE N- BELT TRAIL 3. ASPHALT OVERLAY FOR THE DETERIORATING ROMANS PARK WALK PATHS • $100,000 4,000 3,000 I • • • • • • -2- 4. REPLACE THE 20 YEAR OLD BELLEVIEW TENNIS COURT FIXTURES FOR MODERN EFFICIENT FIXTURES THAT WILL REDUCE OPERATING COSTS 5. REPLACE THE OLD PLAY APPARATUS IN PARKS THAT ARE GETTING TO THE STAGE OF BEING UNSAF E SUGGESTED ACTION: MOVED BY ______________________________ __ SECOND ______________________________ __ 37,000 60,000 YES ______________ ,NO ______________ ~BSE NT ____________________ ___ • I . • • C 0 U N C I L DATE Au gu st 15, 1985 • • • C 0 M M U N I C A T I 0 N AGENDA ITEM //(J SUBJECT Union Avenue Water Line Replacement INITIATED BY Stewart edaa, Director of Utilitie s ACTION PROPOSED _____ A_w_a_r_d __ of __ C_h_a~ng~e __ D_r_de_r __ #_3_t_o __ U_n_io_n __ A_v_en_u_e __ P_um~p----------~ Station Contract BACKGROUND The Corp. of Engineers is reconstructing and lowering the South Platte Ri ver Channel because of serious flooding problems along the river. This necessitates the relocation of the City's 16 " water 1 ine currently located in the South Platte River at Union Avenue. The relocated line will be suspended on the Union Avenue Bridge. The City currently has a co ntract with Lillard and Clark for construction of a new intake pump station and sedimentation pond at Union Avenue which is also a part of the River Channelization Pro ject. Public bids were received August 9, 1985, and Lillard and Clark was the only bidder. Negotiations with Lillard and Clark resulted in a contract price of $103,970. FINANCIAL DETAILS The Colorado Water Conservation Board will pay 100 % of the relocation cost by reinbursing the City. In the current contract, the City is receiving only a portion of the total costs as reimbursement. In this Change Order, separate accounting is required of the Contractor and the Engineer because of the different pay back provisions for each separate portion of the work . RECOMMENDATION That the Englewood City Council approve Change Order #3 in the amount of $103,970. and direct staff to in~edi ately give the Contractor Notice to Proceed . • I • • ( • • • • CHANGE ORDER Order No •. __ __.ll-----.....,.- Date: August 14, 1985 Agreement Date: Aygust 14. 1985 NAME OF PROJECT: Union Avenue Pump Station OWNER: City of Englewood CONTRACTOR: l illard and Clark The following changes are hereby made to the CONTRACT OOCUMENTS: The Contract Documents, including addendum and revised Drawings, for construction of the Union Avenue 16" Water Pipeline Relocation, dated August, 1985 are added to the project with revisions listed in Attactwnent "A." Justification: Existing pipeline crossing of the South Platte River at Union Avenue must be relocated to accomodate channel co n struction by the U.S. Army Corps of Engineers. Change to CONTRACT PRICE: $103,970.00 . Original CONTRACT PRICE: $ 1 . Zfi.Z-..629 . 00 Current CONTRACT PRICE adjusted Dy previous CHANGE ORDER $ 1 2.8..S.....l.92. 00 The CONTRACT PRICE due to this CHANGE ORDER will be (increased~ Odettiuall) by $ 103 .970....00 • The new C:ONTRACT PRICE includang this CHANGE ORDER will be$ 1,389,162.00 Change to CONTRACT TIME: The CONTRACT TIME will be (increased) (decreased) by fl/A* calendar days. The date for completton of all WORK will be -*-------------~ APPROVALS REQUIRED: Approved by ENGINEER:~~,_/'~-=-~ ~ Accepted by CONTRACTC5RC ~ · ($\"7~ Accepted and Approved by W =·-----·--------------- *See Attachment A LDC-RW CO-l • I • • - ( • • • • • ATTACHMENT "A" AMENDMENT NO. 3 1. Pay estimates and other items required for prosecution of the work shall be submitted separately from the base contract. 2. The flanged piping shall be a minimum Class 53 ductile iron pipe. All buried piping shall be a minimum of Class 52 ductile iron pipe and shall be polywrap encased (including restraining rods). 3. The restraining rods shall have a minimum tensile strength of 40,000 ksi and shall have a diameter of 1-1/8". 4. The coats for this work shall be as provided in Attachment "B". 5. The Owner will require that all of the work be completed within the specified time. The Contractor will be required to begin work not later than ten (10) consecutive calendar days after the date of the "Notice to Proceed". All of the work included in this Contract shall be completed within the following schedule: a. b. c. The 16-inch butterfly valves shall be installed such that the 16-inch line across can be isolated with all services still provided with water. The new 16-inch pipeline shall be satisfactorily tested and operational The entire contract shall be complete • by September 25, 1985 within (55) fifty five consecutive calendar days from the Notice to Proceed within (70) seventy consecutive calendar days from the Notice to Proceed • I • • - ( • • • • • ATTACHMENT B ADDENDUM NO. ' ITEM NO. ITEM, QUANTITY, & UNIT OF MEASURE SECTION 1 Over Excavation 10 cy e nmr 2 Asphalt Replacement 20 sy • nmr ' Suspended Pipeline tmrr Insulation 4 Buried DIP Piping 16" 168 If • ~ 5 Suspended DIP Piping Bmr 6 Wye or tee, DIP, 16" 2 ea. e 'B'06r 7 Other Bends, DIP, 16" 4 ea. e 'B'06r 8 Air Release Valve urn-in Vault 9 mn-Butterfly Valve, 16-inch 2 ea. e TOTAL BID, Items 1 through 9 UNIT PRICE AMOUNT OF BID $ 49.00 = $ 490.00 $ 62.00 = $ 1,240.00 Lump Sum $ 16,425.00 $ 178.00 $ 29,904.00 Lump Sum $ ,6,592.00 $ 1,789.00 $ ,,578.00 $ 716.00 $ 2,864.00 Lump Sum $ 6,077.00 $ ,,400.00 $ 6,800.00 $ 10,1970.00 • I . - ( • • • • • STATE OF COLORADO COLORADO WATER CONSERVATION BOARD Department of Natural Resources 721 State Centennial Buildin& 1313 Sherman Street Denver, Colorado 110203 Phone: (303) 11&6-344 1 Mr. Stewart Fonda Director of Utilities City of Englewood 3400 s. Elati Street Englewood, CO 80110 Dear Stu: August 14, 1985 • ltkhard D. Umm Governor J. Will~m McDoNkt Director David W . Walker Deputy Director I am writing to provide you with formal approval to proceed with relocation of the city's water main crossing the South Platte River at Union Avenue. The cost, estimated to be Sl03 ·, 970, is acceptable; and I understand the work will be accomplished as a change order to our existing agreement for the pump station reconstruction and related work at the Union Avenue site. You will recall we originally intended to include the relocation work in that agreement. It is the agency's obligation to reimburse the City of Englewood for its costs in accomplishing the water line relocation, so you should direct the billings to us for reimbursement. DWW:bf cc: Jim R. Brasch Melinda Kassen Stanley H. Dial Sincerely, ~er Deputy Director 707A L/4 • --~~-=~------------~----~~~·~~----------_2~~0L_ I • ( ' • • • • RESOLUTION NO. ,3d). . SERIES <F 1985 __ _ A RESOLIJl'ION APPROVING AWARD OF CHANGE ORDER NO. 3 IN 'l'HE N«XJNT CF $103,970 TO LILLARD AND CLARK FOR RELOCATION OF THE CITY'S 16-INCH WATER LINE, CURRENI'LY LOCATED IN THE SOIJl'H PLATTE RIVER AT UNION AVE., AS PART OF THE RIVER ROCHANNELIZATION PROJEX:T. WHEREAS, the Corps of Engineers is reconstructing and lower- ing the South Platte River Channel because of serious flooding problems along the river; and WHEREAS, this necessitates the relocation of the City's 16" water line from the current location in the South Platte River at union Avenue to be suspended on the Union Avenue Bridge; and WHEREAS, after public bidding, Lillard and Clark was awarded the project for a negotiated change order price of $103,970; and WHEREAS, the Colorado water Conservation Board, Department of Natural Resources, has approved the reconstruction and the cost and that said reconstruction be accomplished as a change order to the existing agreement for the union Avenue Pump Station recon- struction at the union Avenue site. l'O'J, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, that: Olanger Order No. 3 dated August 14, 1985 with Lillard and Clark, Contractor, for the union Avenue Pump Station pipeline relocation is hereby approved with an increase of $103,970 in the original contract price. ADOPTED AND APPROVED this 19th day of August, 1985. Eugene L. ot1s, Mayor Attest: ex offic1o 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 complete copy of Resolut i on No. __ , Series of 1985 . Gary R. Higbee I • • - • • ( • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE Augus t 14, 1985 AGENDA ITEM SUBJECT Deep Well Water Rights II /.,__ INITIATED BY Stewart Fonda,l/ Director of Utilities, Jack Olsen, City Attorney ACTION PROPOSED _____ R_e_co_mm __ e_nd __ C_o_un_c_i_l __ Pa_s_s_O_r_d_i_na_n_c_e_# __________________ ___ Council Bill #59 BACKGROUND The State of Colorado has enacted Senate Bill #5 which allows cities to claim deep well ground water within their boundaries under the property of private land owners receiving water service from the City. If the ordinance is passed by September 1, 1985, it shall apply to all properties that did not have valid claims established prior to January 1, 1985. FINANCIAL DETAILS None. REC0~111ENDATION Council pass the proposed ordinance thereby claiming all deep aquifer ground water for the City of Englewood which has not been claimed by private interests prior to January 1, 1985. • I • • ( ( • ORDlNAN:C NO . SERIES Of 19 8_5_ • • • BY AUTHORITY A BILL FOR COUNCIL BILL NO . 59 INTRODUC~~2 IL MEMBER '11t AN ORDINAN::E CON::ERNING WATER RIGHTS TO, AND THE USE OF , WAT ER FRQ-1 THE DAWSON, DENVER , ARAPAH OE , LARAMIE -FOX HILLS ; AND DA!\DTA AQUI FERS ; RE QU IRING DE EDED WATER RIGHTS IN CONNECTION WI TH WATER SERVICC CHANGES ; REGJLliTlNG WCLL CONST l<UCT ION ; RE PEALING CONFLICTING ORDINAN:ES ; AND ESTABLISH IN G AN EFFJX:TIVE Dl\TE ; AND DECLARJtJ G l\N DI ERGE N:Y. WHEREAS , the State of Colorado has enacted Senate Bil l 5, effective July 1 , 1985 , c oncerning ground water , and making an a ppropr 1ation in connection therewith ; and WHERR~S, the City Counci l f i nds that it is prudent for the City of Englewood to increase its water supply and wateL r ights to serve the present and future needs of the residents, land o~~ers , bus iness owners, and other water consumers inside and outside t he City; and WHERR~S, the water appropriated, through the prov1s1ons of Senate Bill 5 , can be appropriated, diverted , and beneficially used for consumpt ion and general use by the public within and without the bound a ries o f the City of Englewood , fo r the irrigation of property , for the fighting of fires, for use in a plan for augmen- tation to develop water fo r such uses , and for other mun icipal purposes as deemed appropriate by the City Council ; and WHEREAS , the City Counc i l finds tha t it is in the best interest of the residents of the City and the general publ ic , to protect the ground water resources below the City from depletion and poss ible contamination caused by the drilling of private wells into said aquifers, and to prevent interference with the mun i cipal use of said water and water rights ; · NO.V, THEREFORE , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLE'wOOD , OOLORI\00, that: Section 1. '!he City of Englewood h:>reby claims, appropr1ates, and incorporates into its munic i pal s erv ice plan, all right, ti tle , and interest in , and to, ground water and W3ter r ights in the Dawson , Denver , Ara pahoe , Laramie-Fox Hills and Dakota aquifers (hereinafter r eferred to as "said aquifers") underlying all lands within the boundaries of the City of Englewood (hereinafter referred to as "the City") as those boundaries existed on January 1 , 1985, except that this ordinance does not apply to: • I • • ( • • ( • • • • a) ground water that has been conveyed or reserved, or where consent to use such ground water has been given or reserved in writing prior to January 1, 1985, to anyone othe r than the City, and ~1ere such conveyance, reservation, or consent has been properly recorded in the records of Arapa hoe County prior to August 31, 1985: b) ground water underlying land wher e water service is not reasonably available from the City and no plan has been established by the City allowing Lhe landm.;ner t u obtilh an alternative water supply : c) ground water where, the consent to use s uch ground water has been given to anyone other than the Ci ty by the lawful effect of an Ordinance or resolution adopted prior to January 1 , 1985: d) ground water that has been decreed or permitted to anyone other than the City prior to the effective date of this ordinance: or e) ground water underlying land where water service is not being provided by the City as of the effective date of this Ordinance, and such ground water is the subject of an application for determination of a right to use ground water filed in the water court prior to July 1, 1985. Section 2. Any person wh o applies for water service, or a change ln water service, from the City's water system shall , as part of the application and as part of the consideration thereof, tender to the City a properly executed deed conveying to the City the water and water rights in s aid aquifers underlying the lands to which service is requested, and warranting that he has not conveyed his/her interest in such water , water rights, or the consent to use or 1~ittdraw ground water underlying such lands, have no t been conveyed to other persons or entities. Section 3. No person may wi ttdraw ground water subject to this Ordlnance, or drill, or otherwise construct a well, for the purpose of wittdrawing ground water subject t o this Ordinance, except as specificolly allowed by the water cou=t of th State of Colorado . Section 4. If any part or parts of this Ordinance are, for any reason, he ld to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. TI1 e City Council hereby declares that it would have passed this Ordinance and each part or parts thereof, irrespective of the fa ct that any one part or parts be declared invalid. 2 • I • • - • • ( • • • • Section 5. All Ordinances, or parts of Ordinances, of the City that are 1nconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 6. 'llie City Council deans this to be an energency ordinance and needed for the linnediate preservation of the public health, safety and welfare. Section 7 . day of ___ _ 'llie effective date of this Ordinance is the , 1985 . Introduced, read in full, and passed on first reading on the 19th day of August, 198 5 . Published as a Bill for an Ordinance on the 21st day of August, 1985. Attest: Eugene L. Ot1s, Ma yor ex off1c1o 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 complete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 19th day of August, 1985. Gary R. H1gbee 3 • I • • • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DA TE AGENDA ITEM August 14, 1985 JI!J SUBJECT Increasing maximum pu n ~s hment which can be impo sed by F nn I A 1.7r.,l">r1 M• ·,.. ',....,. 1 l"t">.,r t- INITIATED BY Ch ief Ro be r t Ho l mes , En g l ewood P o li c e Department ACTION PROPOSED Amend Title I , Chapter 4 . Section 1 : Title VII . • Ch a pter lA-2 , Section C; and Title XI , Chapter 1, Section lOB , of Englewood Mu nicipal Code 1985 . BACKGROUND The Court o f Appeals case of Martinez v. Kirbens (cited in the propo sed o r d inance change) held a municipal cour t cannot iMpose a sentence t o probation for any longer term than the length of the imprisonment that could be imposed for the same o rd inance violation . Presen t l y Englewood 's maximums are $300 fine a nd/or 90 days in jail . Ninety days is not a realistic time for probation , especially fo r a repeat offender. The provisions of 31-16-101 CRS p rovide maximum penalties for municipalities to enforce violations of their ordinances of $300 fine and/or 90 days in jail . However, this power is not exclusive and a home rule city can increase this. See 31-15-104 CRS. To avoid problems of automatic first instance jury assignment, the maximum penalty should not exceed that of petty offenses as provided in 16-10-109 CRS. Accordingly, the present increase in fines and maximum penalty permits a more realistic maximum probationary period while still maintaining the requirement that a defendant must file a written demand and tender the jury fee within ten days of arraign- ment to preserve his right to a jury trial. FINANCIAL DETAILS None. RECO~ffiNDATION That City Council approve and adopt the proposed Bill for an Ordinance amending Englewood Municipal Code 1985 as it pertains to maximum punishment which can be i mposed by Englewood Municipal Court. • I • • r • • • BY AUTHORITY ORDINAOCE 00. SERIES OF 198_5_ COUOCIL BILL 00. 58 ~~oc~;TIL A BILL FOR AN ORDINAOCE IOCREASING THE MAXIMLM PUNISHMENT WHICH CAN BE IMPOSED IN THE ENGLEWOOD MUNICIPAL COURT BY AMENDING TITLE I, CHAPTER 4, SECTION 1; TITLE VII, CHAPTER lA-2, SECTION C; AND TITLE XI, CHAPTER 1 , SOCTION lOB, OF ENGLEWOOD MUNICIPAL COOE 1985, AS AMENDED. WHEREAS, the Colorado Court of Appeals, in the case of Martinez v. Kirbens, No. 83CA1357, CA ; P.2d , (dec1ded June 6 , 1985), held that a!iiUillcipal court may not impose a sentence of probation for any longer term than the length of imprisonment that could otherwise be imposed for the same municipal ordinance violation; and WHEREAS, it is deemed necessary by the Englewood City Council to provide the Englewood Municipal Court Judge with authority to impose a sentence to probation in excess of ninety days by increas- ing the maximum punishment the Municipal Court can impose; NCM, THEREFORE, BE IT OROA.INED BY THE CITY COUOCIL OF THE CITY OF ENGLEWOOD, COLORADO : Section 1. 'Itlat Title I , Chapter 4, Section 1, Subsection A, of Englewood Municipal Code '85 is hereby amended to read as follows: 1-4-1: GENERAL PENALTY A. It shall be unlawful for any person to violate, disobey , amit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code or any secondary code adopted herein, and where no specific penalty is provided therefor, the violat ion of any provision of this Code or of any secondary code adopted herein shall be punished by a fine not exceeding tAEee ~A9Eee aellaEs t~3QQT FIVE HUNDRED DOLLARS ($500) or imprisonment for a term not exceeding RiReiy f9QT ONE HUNDRED EIGHTY (180) days or by both such fine and imprisonment. iRe ~9YRi eE 6\,leR HRe 9E ~ml 9E ~R ifli!IEiS9!tlleR~ ~ EeSE wi-~RiR ~Ae aiseEeii-eR 9E ~Ae Al\iRWipal ~~e.. 'Itle imposition of on penalty shall not excuse any violation nor permit it to conti nue. Unless otherwise indicated , a separate offense shall be deemed committed upon each day or portion thereof during or on which any violation of any provision of this Code or any secondary code adopted herein occurs or continues . 1 • I • ( ( • • • • ANY OTHER PROVISION OF THE ENGLEWOOD MrniCIPAL CODE 1985 OR ANY SECONDARY CODE ADOPI'ED THEREBY WHICH CONFLICTS WITH THE PROVISIONS OF THIS SECTION ARE HEREBY AMENDED 'lU CONFORM 'lU THE PROVISIONS OF THIS SECTION UNLESS SOCH OTHER CODE SECTION PROVIDES FOR A SPECIFIC PENALTY. Section 2. That Title VII, Chapter lA, Section 2, Sub- section C. of Englewood l'tlnicipal Code 1985 is hereby <~t~ended to read as follows: 7-lA-2 : RUNNING AT LARGE PROHIBITED c. Penalty. Any owner or person found guilty of tioe4cl!f 8elj 9E ea~ violating any provisions of this Section shall, upon the first conviction, be subject to the payment of a fine of not less than fifteen dollars ($15); upon the secooo and subsequent conviction shall be fined a sum not less than twenty-five dollars ($25) nor more than one hundred dollars ($100); and upon the third and subsequent convictions shall be fined an amount not less than one hundred dollars ($100) nor more than 6Rl'E!e AliA8Eeli eeU;us ~3Q9t FIVE HUNDRED DOLLARS ($500) am be subject to not more than Ri-Re~y +991-ONE HUNDRED EIGHTY (180) days in jail, or both such fine and imprisoment. Section 3 . That Title XI, Chapter 1, Section 10, Subsection B, of Englewood Municipal Code 1985 is hereby amended to read as follows: 11-1-10: PENALTIES: The following penalt ies, herewith set forth in full , shall apply to this Chapter: B. Every person convicted of a violation of any provision stated or adopted in this chapter shall be punished by a fine not exceeding 6Rl'E!e AYR9Eeli ee±lal!f& ~~991-FIVE HUNDRED DOLLARS ($500) or by imprisoment not exceeding !H-Re~y f99t ONE HUNDRED EIGHTY (1 80) days or by both such fine aoo imprisoment . ANY OTHER PROVISIONS OF THE ENGLEWOOD MUNICIPAL CODE 1985 OR ANY SEX::ONDARY CODE ADOPrED THEREBY WHICH CONFLICTS WITH THE PROVISIONS OF THIS SEX::TION ARE HEREBY AMENDED 'lU CONFORM 'lU THE PROVISIONS OF THIS SECTION UNLESS SOCH OTHER CODE SECTION PROVIDES FOR A SPECIFIC PENALTY. Introduced, read in full , and passed on first reading on the 19th day of August, 1985. 2 • 1 I • - r • • ( • • • • Published as a Bill for an Ordinance on the 21st day of August, 1985. Attest: Eugene L. Otis, Mayor ex off1cio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of Ebgle'NOOd, Colorado, hereby certify that the above aro foregoing is a true, accurate aro canplete copy of a Bill for an Ordinance, introduced, read in full, aro passed on first reading on the 19th day of August, 1985. Gary R. H1gbee 3 • I • • - • • • • C 0 U N C I L C 0 M M U N I C A T I 0 N DATE AGENDA ITEM _S_a_;_ SUBJECT Appointments to Advisory Boards August 14, 1985 . INITIATED BY City Council ACTION PROPOSED ____ C_i_t_y __ c_o_u_n_c_i_l __ o_f_f_i_c_i_a_l_l_y __ a_p_p_o_i_n_t __ c_i_t_i_z_e_n_s __ t_o ______ __ Advisory Boards/Authorities Background Vacancies exist on the following advisory boards : Housing Authority, expiring July 1, 1990 (Mayoral appointment); Liquor Licensing Authority, expiring August 4, 1986; Planning & Zo n i ng Com mission, expiring February 1, 1987, due to resignation of Gerry Venard effective August 21, 1985. Action Proposed Appointments be made as Mayor/City Council deem appropriate. I . - • • !:r . l:.:t -ene 1 . Ot j c , ·:;.:.~tor City o f T'..nrl e;,ood 3400 So~c ~ El<t i £treet :Cn r-l ew o o c., ColoraC.o , 80110 Dear i·iE:.yor Oti.s: • • • ~.c/'t5 out!. Cherokee S treet ~.::..:'),. :'.!1;::-l e >~ooci , Coloraao £011 0 l!.u.-us t '• :>, 19f 5 P lec:.s e accept r:1v resi nation fro.,. t !l e En i l e ·.,.oocl Cou r t .'t d·;i .s orv Co::rni ttee ; effe ctive ir..Zl edi a te l~·. I .,..1st. t o exp!"ess m:c appreciation for t h e f ine c ooperation of all c it· e ~ploy ees and c o~i tte e ~enoer.s \li t n ''~o'-' I haci t h e occas ion t o work as a me :n ber of t his Court hdvis ory C on~itte e . 'Ihe y c ertainly r:: de my tenure most er.j o;•c bl e • .3 incerel y , I • Glenn I.. \1addell • I • • Mayor Eu gene L. Otis and City Council ~rs 3400 South Elati Street Eng lewood, co 80110 • • • Stephen Me s c. 40 01 S. Log an St. Eng lewood, co 8011 0 August 16 ,1 985 Dear Mayor Otis and City Council Members, 'Ihl.s letter is to serve notice of my imnediate resignation fran the Eng leowood Elect~on Commission. Other o::mnitments have necessitated this action . Thank you for the opportu- nity t o serve the City of Englewood. Sincerely yours, ltfi r~ ?~~'- Stephen Nesa I • • • ORDI NANCE Nv . SLRIES OF 1 98_5 __ _ • • • BY AUTHOR ITY A BILL FO R ' on th e 2) COUNCIL BILL NO .. 1 INTRODUCE D BY COUNC IL MEM BCR BRAD SHAW AN ORD INANC E S UBMITTING TO A VOTE OF TH E QUALIFIED ELECTOR S OF THE CITY OF ENGLEWOOD AT THC GENE RA L MUN IC IPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985 A QUESTION REGA RD ING REGULATION or RENTA L HOUS IN G IN THE CITY. NOW, THER EFORE , BE I T ORDA IN EU BY THE CITY COUNCIL or THE CITY OF E NGLEWOOD, COLORADO , AS F OLLOWS: Section 1. Ther e is hereby su bmitted to the qu a lified electors of the City of Englewood at the general municipal election to be held November 5, 1985 the question set forth below in Section 2. Section 2. The voting machines and paper ballots for said el e ction s hal l carr y the following designation, whi ch s hall b e sub~iss i on claus e : FOR Sha l l t h City of progra. ? AGA INST l ~ood enact a rental housing r egulat "on Section 3. Eac ot1ng at said election and d siro u~ of vot1ng f o r or aga1ns t s ld qu s~1on shall indicate his cho ic y depressi ng the appropr1at coun r of the voting machine which indicates the word "FO " or "AGAI ST" or by appropriate markin g upon paper ballots, wher us d. Section 4. The proper officials of the City of Englewo od shall g1ve not1ce of s ai d general municipal election, which notice shall be published in the manner and for the length of tim e required by law, and the ballots cast at such election sh all b can vassed and the result ascertained, determined, and certified as required b y law. Introduced, read in full, and passed on first reading on the ~h day of August , 1985. 1 I • • - ! • • • • • Published a s a B i l l for a n Ordinan ce o n th e 21st d ay of _A_u..::g_u_s _t __ , 19 8 5 • Eugen e L. Ot1s, Ma yor Att e st: ex off1c10 C1ty Clerk-Treasur er I, Gar y R. Hi gbe e , ex officio Cit y Clerk-Treasurer of t he City of Englewood, Colorado, h e reb y c er~if y that th e above a nd foregoing is a true, accurate and complete copy of a Bill for a n Ordinance, introduced, read in full~ and passed on first reading o n t he ~ day of ~gust , 1985. Gary R. Hi g bee 2 I • • • ORDINAN.:E NO. SERIES CF 198-5- • • • BY AlJI'HORITY A BILL FOR COUNCIL BILL NO. ---- INTRODOCED BY COUN.:IL MEMBER 'fr:U_'J~ AN ORDINAN.:E SUBMITTING TO A VOTE OF THE (/JALIFIED ELECTORS OF THE CITY OF ENGLEWOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985 A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLEWOOD REPEALING ARTICLE 'm, ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT-1981. BE IT ORDAINED BY THE CITY CO!.JOCIL CF THE CITY OF ENGLEWOOD, COLORADO: Section 1. 'n"lere is hereby sul:xnitted to the qualified electors of the City of Englewood at the general municipal election to be held November 5, 1985 a proposed amendment to the Charter of the City of Englewood, as follows: 'n"lat effective Unnediately upon approval of the qualified electors of the City of Englewood and the certification thereof to the office of the Secretary of State of Colorado, pursuant to provisions of the Colorado Constitution and the Colorado Revised Statutes, the Hane Rule Charter of the City of Englewood is anended to repeal Article m, Englewood Elnployee Relations and Career Service System Act--1981. Section 2. 'n"le voting machines and paper ballots for said election shall carry the following designation, which shall be the submission clause: FOR AGAINST AMENDMENT NO. 1 ~~ending the Charter of the City of Englewood to repeal Article m, Englewood Elnployee Relations and Career Service System Act--1981. Section 3. 'n"le proper officials of the City of Englewood shall giVe not1ce of said general municipal election, which notice shall be published in the manner and for the length of time 1 • I • • ( • • • - required by law, and the ballots cast at such election shall be canvassed and the result ascertained, detennined, and certified as required by law. Introduced, read in full, and passed on first reading on the __ day of ___ , 1985. Published as a Bill for an Ordinance on the ___ , 1985. day of Attest: Qlgene L. otis, Mayor ex officio C1ty Clerk-Treasurer I, Gary R. Higbee, ex officio City Clerk-Treasurer of the City of tl'lglewood, Colorado, hereby certify that the above and foregoing is a true, accurate and canplete copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the day of ___ , 1985. Gary R. Higbee 2 • I . - ( • ORDINA!>K:E NO. SERIES OF 198-5- • • - BY AUTHORITY A BILL FOR AN ORDINA!>K:E SUBMITTING TO A VOTE OF THE QUALIFIED ELEX:TORS OF THE CITY OF ENGLE.WOOD AT THE GENERAL MUNICIPAL ELECTION TO BE HELD ON NOVEMBER 5, 1985 A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF ENGLE.WOOD AMENDING THE ENGLE.WOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT TO ADD CERTAIN PROVISIONS THEREIN . WHEREAS , certain provisions of the Career Service System Act have been interpreted so as to create confusion and concern as to their meaning; and WHEREAS, it is fundamental to the Career Service System that its prov1s1ons be clear, concise and not subject to diverse interpretations; NOW, THEREFORE, BE IT O~INED BY THE CITY COUNCIL OF THE CITY OF ENGLE.WOOD, COLORADO: Section 1. There is hereby submitted to the qualified electors of the City of Englewood at the general municipal election to be held Novanber 5, 1985 a proposed amendment to the O'larter of the City of Englewood , as follows: That effective immediately upon approval of the qualified electors of the City of Englewood, and the certification thereof to the office of the Secretary of State of Colorado, pursuant to provisions of the Colorado Constitution and the Colorado Revised Statutes, the Home Rule O'larter of the City of Englewood is amended as follows: Sect i on 137:5 (b ) is amended to add the following non-negotiable subject of col l ec tive bar gai n i ng: 137 :5 SUBJ OCTS FOR COLLOCTIVE BARGAIN I NG (b) "all a s sigl'lnent and schedullng (which SubJect is the C1ty 's exclusive r ight)." Section 2 . The voting machines and paper ballots fo r said election s hall carry the foll owing designation , wh ich s hall be the submission claus e : 1 • I • ( • ( • • • • FOH AGAINST AMENDMENT oo. 1 Amending the Charter of the City of Englewood, Section 137:5 (b) to add the following non-negotiable subject of collective bargaining: "All assignnent and scheduling (which subject is the City's exclusive right)." Section 3. The proper officials of the City of Englewood shall g1v e not1ce of said general municipal election , which notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election s hall be canvassed and the result ascertained, determined , and certified as required by law. Introduced, read in full, and passed on first reading on the ~day of August, 1985. Published as a Bill for an Ordinance on the~ day of August , 1985. Attest: Eugene L. ot1s, 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 complete copy of a Bill for an Ordinance, introduced, read i n f ull , and passed on first reading on the 19th day of Augu st ' 1985. Gary R. H1gbee 2 • I • •