HomeMy WebLinkAbout2014-01-21 (Regular) Meeting Agenda Packet1 . Call to Order.
2. Invocation.
3. Pledge of Allegiance.
4. Roll Call.
Agenda for the
Regular Meeting of the
Englewood City Council
Tuesday, January 21, 2014
7:30 pm
Englewood Civic Center -Council Chambers
1000 Englewood Parkway
Englewood, CO 80110
5. Consideration of Minutes of Previous Session.
a. Minutes from the Regular City Council Meeting of January 6, 2014.
6. Recognition of Scheduled Public Comment. (This is an opportunity for the public to address City
Council. Council may ask questions for clarification, but there will not be any dialogue. Please limit
your presentation to five minutes.
a. Jean Lesmeister, an Englewood resident, will be present to address Council.
7. Recognition of Unscheduled Public Comment. (This is an opportunity for the public to address City
Council. Council may ask questions for clarification, but there will not be any dialogue. Please limit
your presentation to three minutes. Time for unscheduled public comment may be limited to 45
minutes, and if limited, shall be continued to General Discussion.)
Council Response to Public Comment.
8. Communications, Proclamations, and Appointments.
a. The City of Englewood's 2014 Aid to Other Agencies financial contributions will be
distributed.
Please note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood
{303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
January 21, 2014
Page 2
b. A letter from Karen Kenney announcing her resignation from the Cultural Arts Commission.
c. A letter from Theavy Sok announcing her resignation from the Keep Englewood Beautiful
Commission.
9. Consent Agenda Items.
a. Approval of Ordinances on First Reading.
i. Council Bill No. 4 -Recommendation from the Englewood Office of Emergency
Management to adopt a bill for an ordinance authorizing the application for, and
acceptance of, a 2014 Emergency Management Performance Grant from the State of
Colorado Department of Emergency Management in the amount of $85, 421.25. Staff
Source: Steve Green, Emergency Management Coordinator.
ii. Council Bill No. 5 -Recommendation from the Utilities Department to adopt a bill for
an ordinance approving Supplement #5 to the Connectors Agreement with the
Columbine Water and Sanitation District authorizing inclusion of land within the
district. Staff Source: Stewart Fonda, Director of Utilities.
b . Approval of Ordinances on Second Reading.
i. Council Bill No. 1, authorizing the application for and acceptance of funds from the
Colorado Department of Transportation for programs related to traffic safety education
and enforcement through calendar year 2016.
ii. Council Bill No. 2, authorizing the application for and acceptance of grant funds from
the State of Colorado for cyber security infrastructure.
c. Resolutions and Motions.
10. Public Hearing Items. (None Scheduled)
11. Ordinances, Resolutions and Motions
a. Approval of Ordinances on First Reading.
i. Council Bill No. 60 -[This matter needs an affirmative vote from 3/4 of Council to
bring off the table.] Recommendation from the Community Development Department
to adopt a bill for an ordinance authorizing amendments to Title 16: Unified
Development Code regarding Home Occupations. Staff further recommends setting a
Public Hearing for February 3, 2014 to consider public testimony on this matter. Staff
Source: Chris Neubecker, Senior Planner.
Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Englewood City Council Agenda
January 2 1, 2014
Page 3
b. Approval of Ordinances on Second Reading.
c. Resolutions and Motions.
12 . General Discussion.
a. Mayor's Choice.
b. Council Members' Choice.
i. Council Bill No. 6 , amending Rules of Order and Procedure for City Council VI, H.
13. City Manager's Report.
14. City Attorney's Report.
1 5. Adjournment.
Please note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood
(303-762-2405) at least 48 hours in advance of when services are needed.
Lou Ellis
From: Lindsay Von Colditz
Sent:
To:
Tuesday, January 21, 2014 9:15 AM
Kerry Bush; Lou Ellis
Cc: Leigh Ann Hoffhines
Subject: 1-21-2014 Scheduled Speaker
Jean Lesmeister will not be in attendance at tonight's meeting.
Lindsay
Lindsay van Colditz
City Manager's Office
City of Englewood
1000 Englewood Pa rkwa y
Englewood, CO 80110
303-762 -23 10
lvoncolditz@englewoodgov .org
www.englewoodgov.org I Facebook
1
PUBLIC COMMENT ROSTER
PL:EAS
NAME
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January 21, 2014
ADDRESS
INUIES
[TOPIC }
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Theavy Sok
3297 S Clarkson Street
Englewood, CO 80113
January 8, 2014
To City of Englewood
To whom it may concern:
I am writing this letter to provide my resignation from being a commissioner with KEB.
It was an honor to be appointed as a commissioner in 2013. I was looking forward to
contribute to this committee. However, in the same month of the appointment, I started a
new position which came with trainings and new responsibilities. Due to the new
position, I have not contributed to the committee as planned or expected.
After a long consideration and hopeful wait time that I would get a break and not have to
provide my resignation, I do not believe that it is fair for KEB that I continue to be a
commissioner in 2014.
I am hoping that I continue to be on the mailing list and be able to volunteer when I can .
8b
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To City of Englewood,
I am resigning from the Cultural Arts Commission and wish the CAC good luck on
current and future endeavors. It has been an honor to serve this wonderful
community.
Sincerely,
Karen Kenney
Be
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COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 21, 2014 9 a i 2014 Emergency Management
Performance Grant
Initiated By: Staff Source:
Englewood Office of Emergency Management Steve Green, Emergency Management Coordinator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
This grant supports the following Council Goals :
1) Englewood as a city that is safe, clean, healthy and attractive.
2) Englewood as a progressive city that provides responsive and cost efficient services.
Council has approved several previous grants from this program .
RECOMMENDED ACTION
Staff seeks Council 's approval of a bill for an ordinance authorizing an application to the 2014 Emergency
Management Performance Grant (EMPG) program for funds of up to $85,421.25, and to accept such funds
as may be awarded to the City.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
Funds from this grant will support the City's emergency management program by:
• fully funding the Emergency Management Specialist position, currently a 30-hour per week position .
• reimbursing the City for a portion of the salary for the City's Emergency Management Coordinator's
position.
• training City staff in emergency management related activities.
• purchasing equipment to assist the City's efforts in preparedness, resiliency and continuity of
operations capabilities.
• other expenses related to emergency management, including the City's continuity of operations
planning process and hazard mitigation, response and recovery planning.
The Emergency Management Performance Grant (EMPG) program is designed to provide supplemental
funds for the strengthening of local government emergency management offices in preparing their
communities for disaster planning, mitigation, response and recovery, while conserving local resources. The
City of Englewood has an emergency management program that is growing in both achievement and
capability, engaging staff members from across the full array of City services .
The City of Englewood has consistently received EMPG grants, starting with the FY2007-Supplemental
Grant, to assist in the development of the emergency management program for the City. The Colorado
Division of Homeland Security and Emergency Management-Office of Emergency Management has stated
that the EMPG program is expected to continue for the foreseeable future and has encouraged the City's
participation . •
We have been able to use past funding for a number of improvements in the City of Englewood
emergency management program, including:
• Funding for one part-time staff member to perform day-to-day emergency management duties.
• Exercising the City's Emergency Operations Guidelines and other related plans, as they are developed.
• Training of emergency management personnel and other city staff members in disaster planning and
preparedness, continuity of operations planning and emergency operations center activities.
• Significant improvements and development of the emergency operations center infrastructure,
including visual displays, data and information management, back-up electrical capabilities,
connectivity capabilities and storage cabinets.
• Integrating the City of Englewood personnel and planning processes with other agencies in the Denver
Metro region.
FINANCIAL IMPACT
The award is a soft-match grant, so it is not required that the City provide a hard (cash) match in order to
receive an award . Required matching funds have historically been accounted for through the existing
salaries of full-time employees who work in emergency management as a part of their regular duties .
LIST OF ATTACHMENTS
Proposed Bill for an Ordinance
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO . 4
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE AUTHORIZING AN APPLICATION FOR AND ACCEPTANCE OF THE
2014 COLORADO DIVISION OF EMERGENCY MANAGEMENT PERFORMANCE GRANT
(EMPG) BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE STATE OF
COLORADO DIVISION OF EMERGENCY MANAGEMENT FOR ENGLEWOOD 'S
EMERGENCY MANAGEMENT PROGRAM .
WHEREAS, the Emergency Management Performance Grant (EMPG) program is designed to
provide supplemental funds for strengthening of local government emergency management
offices in preparing their communities for disaster planning, mitigation, response and recovery,
while conserving local resources; and
WHEREAS, the City of Englewood received grants starting with the FY2007-Supplemental
Grant to assist in the development of the disaster preparedness for the City of Englewood; and
WHEREAS, the Colorado Division of Homeland Security and Emergency Management -
Office of Emergency Management has stated that the EMPG program is expected to continue for
the foreseeable future and has encouraged the City's participation; and
WHEREAS, the City of Englewood has an emergency management program that is growing
in both achievement and capability, engaging staff members from across the full array of City
services; and
WHEREAS, the passage ofthis Ordinance will approve an application for the 2014
Emergency Management Performance Grant (EMPG) program for funds of up to $85,421.25, to
fund the City's emergency management program by:
• Fully funding the Emergency Management Specialist position, currently a 30-
hour per week position.
• Reimbursing the City for a portion of the salary for the City's Emergency
Management Coordinator's position.
• Training City staff in emergency management related activities.
• Purchasing equipment to assist the City's efforts in preparedness, resiliency and
continuity of operations capabilities.
• Other expenses related to emergency management, including the City's
continuity of operations planning process and hazard mitigation, response and
recovery planning .
1
WHEREAS, the applications are made through the State of Colorado, who manages the
distribution of the EMPG funds, which originate at the Federal level with Federal Emergency
Management Agency (FEMA); and
WHEREAS, the City has, to date, only used soft matches to meet the requirements of this
grant process, which does not require the City to provide a hard (cash) match in order to receive
an award; and
WHEREAS, the 50% City's match will be from funds already allocated for this purpose in the
2014 Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an application
for 2014 Emergency Management Performance (EMPG) program for funds up to $85,421.25,
attached hereto as Exhibit A.
Section 2. The City Manager is hereby authorized to sign the 2014 Emergency Management
Performance (EMPG) Grant Application, for and on behalf of the City of Englewood.
Section 3. The City Council of the City of Englewood, Colorado hereby authorizes the
acceptance of a 2014 Emergency Management Performance (EMPG) Grant upon award by the State
of Colorado.
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Section 4. Upon award of the 2014 Emergency Management Performance (EMPG) Grant the •
Mayor is hereby authorized to sign for and on behalf of the City of Englewood, Colorado in
accepting this grant
Section 5. There are Federal Emergency Management Agency (FEMA) funds being received
for the 2014 Emergency Management Performance (EMPG) Grant.
Introduced, read in full, and passed on first reading on the 21st day of January, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of
January, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of
January, 2014 for thirty (30) days .
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 21st day of January, 2014.
Loucrishia A. Ellis
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Colorado Office of Emergency Management (COEM)
Emergency Management Program Grant (EMPG)
Local Emergency Manager Support (LEMS)
Program Fundin Ap lication
Staffing Pattern and Program Funding for FFY2014
Note: This for MUST be resubmitted whenever the jurisdiction has personnel changes .
!JURISDICTION:
A
Salaries & Benefits
LEMS Eligible Salary
(Staffing Report Block 1 O Total):
LEMS Eligible Benefits
(Staffing Report Block 11 Total):
Local Travel
(mileage, fleet expense, or other): $
ut of State Travel:
Conference & Seminars (Registration Fees,
Hotels, etc.): $
Training
(Registration Fees, hotels, etc.):
Per Diem: $
Other (Dues, Certifications and Membership
Fees):
Jurisdiction Emergency Manager Signature
Jurisdiction Chief Financial Officer Signature
• Regional Field Manager Signature
$104, 121
$10,156
604.00
480.00
__________ Date
__________ Date
__________ Date
x
H
I a +
A
Personnel
Steve Green
Rose Lynch
Christ.ian Contos
Tim Englert
Hours dedicated to EM
20 hours per week
30 hours per week
4 hours per week
6 hours per week
Compensation Related
to OEM
$49,690
$39,000
$8,700
$16,887
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Annual Expense
Local mileage 90 miles per month @.56 $604.08
Conferences (registration fees) Annual State EM conference $480.00
$160.00 x 3 personnel
Training (registration fees, hotel)
Other (membership dues, Annual CEMA membership $45.00 $90.00
certifications) x 2 personnel
~~~~; :;~:~~tJ:;.f ~£~{;JE)~~~~~~.)·:~f~:~;V)m1;{~t~·f~C~~~;~~~~tii1~:~ ~~~'.: ::._: ,·· ·~:.:r:~::~~·,~: '.:: ·,~~;: .~L~:·;~~~~~j_J~.-~ ·:~::: '
Equipment purchases
Equipment lease
Printing/copying
Other: IT Managed Remote Data Backup
Connectivity for management personnel
Equipment for Command vehicle
Contractor support
Budget approved by:
Chief Andrew Marsh
Englewood Fire Department
Equipment related to full-scale·
exercise
Porta potties for use during full
scale exercise
Approx. 3640 x .03
Development of Hazard Risk
Identification and Assessment
Expense
$150.00
$132.00
$109.20
$12,000.00
$8,000.00
$5,000.00
$30,000
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Instructions
Part I
FFY 2014 EMPG-LEMS Grant Activities
Work Plan Template
Use the 15 EMF categories as a framework for planning your annual work program and consider
identified capability gaps or shortfalls that need to be addressed. This can be done in four steps.
1. First, consider your community's long-term strategy for developing and sustaining an all-
hazards preparedness strategy, including initiatives that can be accomplished during the
grant performance period as well as those objectives that will need to be phased over
multiple years.
2. Second, identify Planned Activities that, when completed, will assist you in achieving
your long-term strategy. Complete the Work Plan Template by identifying Planned
Activities for each Emergency Management Function (EMF) that is relevant to your
strategy. Identify to the extent possible the measurable outcome for each Planned
Activity.
3. Third, place those activities that can be accomplished during the current performance
period in the quarter that you expect the activity to be completed (it is recognized that
schedules and priorities change and that activities may actually be accomplished in a
different quarter than the one projected).
• 4. Finally, submit the finished document to your assigned COEM Regional Field Manager.
•
Please don't hesitate to contact your COEM Regional Field Manager for assistance in
completing this Work Plan Template.
Signatures
Must be signed (in ink) or (Adobe Acrobat digital signature) by the emergency manager and
forwarded to the assigned COEM Regional Field Manager for approval.
By signing, the applicant acknowledges that he/she has read and understands the FFY 2014
Program Guidelines and Application Kit.
Jurisdiction: _____ City of Englewood __________ _
Emergency Manager of Jurisdiction: ___ Steve Green ______ _
Date: -------
COEM Regional Field Manager:-----------------
Date:-------
Part I
FFY 2014 EMPG-LEMS Grant Activities
Work Plan Template
FFY 2014 EMPG -LEMS Grant Activities
EMF-1
Finance and Administration
Objective(s) of Planned Activities: Budget preparation, grant administration, LEMS application, expense
tracking, quarterly reimbursement requests, quarterly performance reports, equipment monitoring
Mandatory Federal Activities for this EMF: Submit updated FFATA
1st Quarter Planned Activities: Results:
10/1/13-12/31/13 Submit completed 2014EMPG application
packet.
2na Quarter
1/1/14-3/31/14
3ra Quarter
4/1/14 -6/30/14
4tn Quarter
7 /1/14 -9/30/14
Submit 1st Quarter report and
reimbursement request.
Planned Activities:
Submit 2nd Quarter report and
reimbursement request.
Work with Finance Department to
establish emergency spending protocols.
Planned Activities:
Submit 3rd Quarter report and
reimbursement request.
Planned Activities:
Submit 4th Quarter report and
reimbursement request.
Integrate Finance Department staff into
resource mobilization planning.
Results:
Results:
Results:
FFY 2014 EMPG-LEMS Grant Activities
EMF-2
Laws and Authorities
Objective(s) of Planned Activities: Ordinances, resolutions, emergency declarations, EMAP accreditation,
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compliance with Jaws and regulations • Mandatory Federal Activities for this EMF: None
1st Quarter Planned Activities: Results:
10/1/13 -12/31/13
2"a Quarter Planned Activities: Results:
1/1/14-3/31/14
3rd Quarter Planned Activities: Results:
4/1/14 -6/30/14
4tn Quarter Planned Activities: Results:
7 /1/14 -9/30/14
FFY 2014 EMPG-LEMS Grant Activities
EMF-3
Risk Assessment • Objective(s) of Planned Activities: Development/upgrade of local/tribal TH/RA (Threat and Hazard Risk
Identification and Assessment) or (HIRA Hazard Risk Identification and Assessment), development of
corresponding risk management strategies
Mandatory Federal Activities for this EMF: None
1st Quarter Planned Activities: Results:
10/1/13 -12/31/13 Assist with UASI THIRA development
process.
2"a Quarter Planned Activities: Results:
1/1/14 -3/31/14
Meet with Water Treatment plant to
assess the risk of a dam failure at
McClellan Reservoir.
Research cost and necessary man power
associated with conducting a HIRA.
3rd Quarter Planned Activities: Results:
4/1/14-6/30/14
Meet with Littleton OEM to discuss •
preparedness strategies and potential TIX
for dam failure.
Begin HIRA process (dependent on • availability of funding).
4tn Quarter Planned Activities: Results:
7 /1/14 -9/30/14
FFY 2014 EMPG -LEMS Grant Activities
EMF-4
Hazard Mitigation Plans and Projects
Objective(s) of Plann,ed Activities: Development of local/tribal hazard mitigation plans, implementation
of hazard mitigation projects, coordination of Environmental and Historic Preservation (EHP) reviews
Mandatory Federal Activities for this EMF: None
1st Quarter Planned Activities: Results:
10/1/13 -12/31/13
2na Quarter Planned Activities: Results:
1/1/14-3/31/14 •
3ra Quarter Planned Activities: Results:
4/1/14 -6/30/14
4tn Quarter Planned Activities: Results:
7 /1/14-9/30/14
FFV 2014 EMPG -LEMS Grant Activities
EMF-5
Emergency Operations Plans
Objective(s) of Planned Activities: Development/upgrades of local/tribal emergency operations plans
(EOPs) in accordance with CPG-101, Version 2.0, fostering partnerships with EOP stakeholder agencies
and organizations
Mandatory Federal Activities for this EMF: All EMPG Program grantees/sub-grantees must maintain, or
revise as necessary, jurisdiction-wide all-hazards Emergency Operations Plans that are consistent with
CPG-101 v.2 (November 2010) and provide copies of new and revised EOPs/Annexes to COEM Regional •
Field Manager. • 1st Quarter Planned Activities: Results:
10/1/'13 -12/31/13 Submit current EOP to Field Manger
Assist Englewood High Scholl with
evacuation plan and drill.
2ne1 Quarter Planned Activities: Results:
1/1/14 -3/31/14 Update elements of the EOP that are more
than 3 years old
Assist Englewood school District in
development of district-wide emergency
plan.
3re1 Quarter Planned Activities: Results:
4/1/14 -6/30/14 Update elements of the EOP that are more
than 3 years old
Assist Englewood High School with school
emergency plan and drills.
• 4tn Quarter Planned Activities: Results:
7 /1/14 -9/30/14 Submit revised EOP to FM
..
FFY 2014 EMPG -LEMS Grant Activities
EMF-6
Recovery Plans
Objective(s) of Planned Activities: Development/upgrades of local/tribal recovery plans, fostering
partnerships with recovery stakeholder agencies and organizations
Mandatory Federal Activities for this EMF: None
1st Quarter Planned Activities: Results:
10/1/13 -12/31/13
2ne1 Quarter Planned Activities: Results:
1/1/14-3/31/14 Tailor the Denver UASl's Regional
Recovery plan to Englewood specific.
• 3re1 Quarter Planned Activities: Results:
4/1/14 -6/30/14 Tailor the Denver UASl's Regional
Recovery plan to Englewood specific
4m Quarter Planned Activities: Results:
7 /1/14 -9/30/14 Tailor the Denver UASl's Regional
Recovery plan to Englewood specific
FFY 2014 EMPG-LEMS Grant Activities
EMF-7
Training
Objective(s) of Planned Activities: NIMS training delivery, staff professional development, development
of Training & Exercise Plans (TEPs)
Mandatory Federal Activities for this EMF: (1) Update NIMSCAST data by 8-31-2013, (2) all EMPG
program funded personnel (State/Local/Tribal) must complete the following NIMS training courses and
record proof of completion: IS 100; IS 200; IS 700; and IS 800; FEMA Professional Development Series: IS
139; IS 230.a; IS 235.a; IS 240.a; IS 241.a; IS 242.a; and IS 244.a, (3) all grantees and sub-grantees are
required to develop a Multi-Year TEP that incorporates linkages to core capabilities and update it
annually.
1st Quarter Planned Activities: Results:
10/1/'J3 -12/31/13 Update multi-year training and exercise
plan. This plan should include required
training for EMPG funded personnel
Report completed training for EMPG
funded personnel.
Review lessons learned from FSE to
identify training needs.
2"d Quarter Planned Activities: Results:
1/1/14 -3/31/14 Submit updated TEP to FM
Report completed training for EMPG
funded personnel.
Meet with regional police partners to
discuss multijurisdictional training and
exercising.
Identify and meet with EOC staffing
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personnel to begin regular EOC trainings .
3ra Quarter Planned Activities: Results:
4/1/14-6/30/14 Implement training plan
Report completed training for EMPG
funded personnel.
Conduct EOC training.
4tn Quarter Planned Activities: Results:
7 /1/14 -9/30/14 Implement training plan
Report completed training for EMPG
funded personnel.
Participate in the Regional TEPW
Conduct EOC training.
FFY 2014 EMPG-LEMS Grant Activities
EMF-8
Exercises
Objective(s) of Planned Activities: Participation in exercises as "Sponsoring" and/or "Participating"
agencies
Mandatory Federal Activities for this EMF: (1) All EMPG program funded personnel (State/Tribal/Local)
must participate in at least three exercises in a 12-month period. Sub-grantees may sponsor and/or
participate In other sponsor's exercises to fulfill this requirement, (2) all grantees and sub-grantees are
required to develop a Multi-Year TEP that incorporates linkages to core capabilities and update it
annually.
1st Quarter Planned Activities: Results:
10/1/13-12/31/13 Implement exercise program as outlined in
the TEP
Develop plan to meet FEMA exercise
requirement and review with FM.
Report on completed exercises include
AAR or CAP
Conduct multi-jurisdictional full scale
active shooter exercise.
Participate in the regional TEPW
Participate in regional Training and
Exercise Committee
2°d Quarter Planned Activities: Results:
1/1/14-3/31/14 Implement exercise program as outlined in • the TEP
Report on completed exercises include
AARorCAP
Participate in regional Training and
Exercise Committee
3ra Quarter Planned Activities: Results:
4/1/14-6/30/14 Implement exercise program as outlined in
the TEP
Report on completed exercises include
AARorCAP
Participate in regional Training and
Exercise Committee
4th Quarter Planned Activities: Results:
7 /1/14-9/30/14 Implement exercise program as outlined in
the TEP
Report on completed exercises include
AARorCAP •
Participate in regional Training and
Exercise Committee
FFY 2014 EMPG -LEMS Grant Activities
EMF-9
Incident Management
Objective{s) of Planned Activities: EOC management, COG, multi-agency coordination, support of
incident command operations
Mandatory Federal Activities for this EMF: None
1st Quarter Planned Activities: Results:
10/1/13-12/31/13 Will meet with Arapahoe County to
discuss coordination during incidents.
Continue to meet with neighboring
jurisdictions to plan for coordinated
incident response.
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2na Quarter Planned Activities: Results: • 1/1/14-3/31/14 Will investigate joining South Metro Fire's
IMT.
Continue to meet with neighboring
jurisdictions to plan for coordinated
incident response.
Outfit vehicles with command equipment
to increase response capability.
3ra Quarter Planned Activities: Results:
4/1/14-6/30/14
Continue to meet with neighboring
jurisdictions to plan for coordinated
incident response.
4t11 Quarter Planned Activities: Results:
7 /1/14 -9/30/14
Continue to meet with neighboring
jurisdictions to plan for coordinated • incident response.
FFY 2014 EMPG -LEMS Grant Activities
EMF-10
Communications
Objective(s) of Planned Activities: Activities supporting interoperability, including cooperative planning,
equipment tests, drills, radio checks, purchases, etc
Mandatory Federal Activities for this EMF: None
1st Quarter Planned Activities: Results:
10/1/13 -12/31/13
Participate in Tri-County Health's quarterly
radio checks.
Will continue to work with our dispatch
center on multijurisdictional
communications plan.
2na Quarter Planned Activities: Results:
1/1/14 -3/31/14 Participate in Tri-County Health's quarterly
radio checks. • Will continue to work with our dispatch
center on multijurisdictional
communications plan. •
3rd Quarter Planned Activities; Results:
4/1/14 -6/30/14 Participate in Tri-County Health's quarterly
radio checks.
Will continue to work with our dispatch
center on multijurisdictional
communications plan.
4tn Quarter Planned Activities: Results:
7 /1/14 -9/30/14 Participate in Tri-County Health's quarterly
radio checks.
Will continue to work with our dispatch
center on multijurisdictional
communications plan.
FFY 2014 EMPG-LEMS Grant Activities
EMF-11 • Operations Procedures
Objective(s) of Planned Activities: Development/maintenance of systems (e.g., Web EOC), processes
(e.g., resource order process), capabilities (e.g., EOC management training), and Plans (e.g., COOP) to
support incident operations
Mandatory Federal Activities for this EMF: None
1st Quarter Planned Activities: Results:
10/1/13 -12/31/13 Before February 28 2014 hold a meeting
with the jurisdiction's emergency services
and partner agencies to include: law
enforcement, fire, EMS, public works,
health and medical, behavioral health,
mass care (human services, Red Cross,
VOAD), schools, public utilities, public
information, and other relevant
stakeholders. Develop the agenda Provide
minutes and sign in sheet to your Regional
Field Manager
2"e1 Quarter Planned Activities: Results:
1/1/14-3/31/14 Meet with neighboring jurisdictions to •
discuss development of an active shooter • response plan .
Review and revise EOC processes and train
personnel as needed.
3ra Quarter Planned Activities: Results:
4/1/14-6/30/14 Before September 30 2014 hold a second
meeting with the jurisdiction's emergency
services and partner agencies to include:
law enforcement, fire, EMS, public works,
health and medical, behavioral health,
mass care (human services, Red Cross,
VOAD), schools, public utilities, public
' information, and other relevant
stakeholders . Develop the agenda with
your Regional Field Manager. Provide
minutes and sign in sheet to your Regional
Fieid Manager
Meet with neighboring jurisdictions to
discuss development of an active shooter
response plan
Review and revise EOC processes and train • personnel as needed •
4m Quarter Planned Activities: Results:
7 /1/14-9/30/14
Meet with neighboring jurisdictions to
discuss development of an active shooter
response plan.
Finalize EOC processes and train personnel
as needed.
FFY 2014 EMPG-LEMS Grant Activities
EMF 12 -
Mutual Aid
Objective(s) of Planned Activities: Maintenance of local, interagency, regional and statewide
intergovernmental agreements
Mandatory Federal Activities for this EMF: None
1st Quarter Planned Activities: Results:
10/1/13 -12/31/13 Schedule mutual aid meeting with all
mutual aid partners for 2"d Qtr •
2"a Quarter Planned Activities: Results:
1/1/14-3/31/14 Hold mutual aid meeting with all mutual • aid partners
3ra Quarter Planned Activities: Results:
4/1/14 -6/30/14 Revise mutual aid agreements as
necessary
4m Quarter Planned Activities: Results:
7 /1/14 -9/30/14 Revise mutual aid agreements as
necessary
FFY 2014 EMPG-LEMS Grant Activities
EMF-13
Resource Management
Objective(s) of Planned Activities: Development/maintenance of resource mobilization plans and
processes, including database management systems, financial controls and relevant forms
Mandatory Federal Activities for this EMF: None
1st Quarter Planned Activities:Begin development of Results: • 10/1/13 -12/31/13 draft resource management annex to
jurisdiction EOP
Submit working draft to Field Manager
Review and maintenance of all resource
data in the WebEOC Resource
Management System
2"d Quarter Planned Activities:Complete draft plan Results:
1/1/14-3/31/14 Submit draft to Field Manager
3ra Quarter Planned Activities: Results:
4/1/14 -6/30/14 Meet with Field Manager to review plan
Conduct a resource management drill with
EOC personnel, local resource
management personnel from jurisdictional
agencies, and your OEM Regional Field
Manager
•
4tn Quarter Planned Activities: Results: • 7 /1/14 -9/30/14 Finalize plan and adopt in accordance with
local procedures
Submit adopted plan to FM
FFY 2014 EMPG -LEMS Grant Activities
EMF-14
Facilities Management
Objective(s) of Planned Activities: Monitoring & maintenance of EOC/Alternate EOCfacilities and
equipment
Mandatory Federal Activities for this EMF: None
1st Quarter Planned Activities: Results:
10/1/13 -12/31/13 Conduct monthly "activation" to ensure
equipment and processes are in a state of
ready.
2ne1 Quarter Planned Activities: Results:
1/1/14-3/31/14 Conduct monthly "activation" to ensure
equipment and processes are in a state of
ready • 3re1 Quarter Planned Activities: Results:
4/1/14 -6/30/14 Conduct monthly "activation" to ensure
equipment and processes are in a state of
ready
4th Quarter Planned Activities: Results:
7 /1/14-9/30/14 Conduct monthly "activation" to ensure
equipment and processes are in a state of
ready
FFY 2014 EMPG-LEMS Grant Activities
EMF-15
Crisis Communication, Public Information and Education
Objective(s) of Planned Activities: Development/maintenance of Joint Information System (JJS) protocols
and procedures, web page management, and procedures for utilizing social media. Development and
maintenance of Alert and Warning Plans and procedures.
• Mandatory Federal Activities for this EMF: None
1st Quarter Planned Activities: Results:
10/1/13 -12/31/13 Review status of alert and warning plan
with the Regional Field Manager •
2"0 Quarter Planned Activities: Results:
1/1/14 -3/31/14 Alert and warning plan development
Citizens educated and encouraged to "opt
in" to Arapahoe County's Citizen Alert
Program.
Keep EM website updated with seasonal
and disaster preparedness information
3ra Quarter Planned Activities: Results:
4/1/14 -6/30/14 Alert and warning plan training and testing
Citizens educated and encouraged to "opt
in" to Arapahoe County's Citizen Alert
Program.
Keep EM website updated with seasonal
and disaster preparedness information
4m Quarter Planned Activities: Results: • 7 /1/14 -9/30/14
Citizens educated and encouraged to "opt
in" to Arapahoe County's Citizen Alert
Program.
Keep EM website updated with seasonal
and disaster preparedness information
•
Date
January 21, 2014
COUNCIL COMMUNICATION
Agenda Item
9 a ii
STAFF SOURCE
Subject
Columbine Sanitation District
Supplement #5
INITIATED BY
Utilities Department Stewart H. Fonda, Director of Utilities
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
None.
RECOMMENDED ACTION
The Water and Sewer Board, at their August 13, 2013 meeting, recommended Council approval of a Bill
for an Ordinance approving Columbine Supplement #5.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
A request was made by Columbine Water and Sanitation District and Valley Sanitation District.
The requested supplement area is in the Columbine District but the sewage is transported through Valley
Sanitation lines, so Valley Sanitation District approval is also required .
• The City of Englewood provides sewage treatment to a population of about 70,000 people outside the City
through contracts with numerous connector districts . By contract the City of Englewood must approve any
additions of land to be served by the districts. These are usually in-fill situations that are within what the
City considers to be the area it has committed to serve. Adequate capacity has been provided in the
treatment plant to accommodate all such future inclusions. Annexation of this parcel of land will not
increase the tap allocation to the Valley or Columbine Sanitation Districts.
•
The landowner, Taylor Morrison of Colorado, Inc. is requesting inclusion into the Columbine Water and
Sanitation District and Valley Sanitation District. Supplement #5 is for 31 taps for a residential development
consisting of 31 patio homes, all located on approximately 9.63 acres. The legal is attached as Exhibit A.
The property is located on the southeast corner of West Bowles Avenue and Middlefield Road in the Town
of Columbine Valley. The name of the development is The Cottages at Columbine Valley, currently the
Wolf property.
FINANCIAL IMPACT
None.
LIST OF ATTACHMENTS
Minutes from October 8, 2013 Water and Sewer Board Meeting
Minutes from August 13, 2013 Water and Sewer Board Meeting
Proposed Bill for Ordinance
•
•
•
Present:
Absent:
WATER & SEWER BOARD
MINUTES
TUESDAY, OCTOBER 8, 2013
Oakley, Wiggins, Habenicht, Waggoner, Woodward, Burns, Lay, Penn,
Moore, Olson
None
Also present: Stu Fonda, Director of Utilities, Yasser Abouaish, Utilities Engineer,
Jason Clark, Water Production Supt.
The meeting was called to order at 5 :03 p.m.
MINUTES OF THE AUGUST 13, 2013 .
The Board approved the Minutes of the August 13, 2013 Water Board meeting, as amended.
Motion:
Moved:
To approve the Minutes of the August 13, 2013 Water Board meeting, as
amended.
Habenicht Seconded: Penn
Motion approved unanimously.
El 2. UV CHANGE ORDER #3.
The Board received Change Order #03 from Asian Construction for ten items addressing issues
of constructability, safety, computer program modifications and lower maintenance
requirements. Change Order #03 is in the amount of $49,910.00. The UV Disinfection Project
is at 95% completion with facility start up scheduled for early November.
Motion:
Moved:
To recommend the City Manager approve Change Order #03 from Asian
Construction in the amount of $49,910.00.
Waggoner Seconded: Penn
•
•
•
Present:
Absent:
WATER & SEWER BOARD
MINUTES
TUESDAY, AUGUST 13, 2013
Oakley, Wiggins, Habenicht, Waggoner, Woodward, Burns, Lay, Penn
Moore, Olson
Also present: Stu Fonda, Director of Utilities, John Bock, Utilities Manager
The meeting was called to order at 5:04 p.m.
1. MINUTES OF THE JULY 9, 2013.
The Board approved the Minutes of the July 9, 2013 Water Board meeting
Motion: To approved the Minutes of the July 9, 2013 Water Board meeting.
Moved: Burns Seconded: Habenicht
Motion approved unanimously.
El!
2. GUEST: BEN NIELSEN, McLAUGHLIN WATER-UNION AVENUE BIKE PATH.
Ben Nielsen from Mclaughlin Water Design Group in River Run Park Project appeared to
discuss the proposed Union Avenue Bike Path next to the Englewood raw water intake facility
north of Union Avenue. Accommodations for the Union Ave. pump station intersecting bike path
were discussed. ·
The Colorado Water Conservation Board is requesting concept approval and easements for the
proposed trail through the property owned by the City of Englewood at the raw water intake
facility. The trail is 1 O' wide and will cross under Union Ave. South Suburban will operate and
maintain the trail. Gates will be constructed to close for routine and emergency maintenance.
Motion: To approve project concept and a Grant of Easement to South Suburban Parks
for the Regional Trail Extension at the Englewood Water Intake Facility at Union
Avenue, per City Attorney's approval.
Moved: Burns Seconded: Waggoner
Motion approved unanimously.
e
3. OVERPAYMENT FROM CLOSING -3226 S. CORONA ST.
John Bock appeared to discuss the issue where a title company sent a $200 payment for
anticipated water and sewer charges for 3226 S. Corona St. When the final meter reading was
figured, the final bill was zero. The amount paid became a credit balance with no further
communication from buyer or seller for two months.
Staff denied the request from the seller for a refund because refunds can only be granted to
existing owners. This is an informational item for the Board in the event the seller, realtor or title
company appeal staff's decision. The previous owner called on August 12, 2013 and was told
to call and discuss the issue with the title company.
H
4. ENGLEWOOD WATER CONSERVATION PLAN COMMENTS AND RESPONSES.
The Board received the 2013 Water Conservation Plan Comments and Responses approved by
the consultant. The published legal notice and a water rate comparison for Englewood/Denver
water charges were also included. The comments and responses will be forwarded to City
Council with the final draft of the water conservation plan. After Council approval it will be
forwarded to the State for approval.
Motion:
Moved:
Recommend Council approval of the final draft of the 2013 Englewood Water
Conservation Plan.
Habenicht Seconded: Lay
Motion passed unamimously.
,g
5. WASTEWATER COLLECTION SYSTEM MAINTENANCE STANDARD AGREEMENT
FOR THE CITY OF SHERIDAN SANITATION DISTRICT.
The Englewood Utilities Department currently performs sewer maintenance services for the City
of Cherry Hills Village, South Englewood Sanitation District and the City of Sheridan. The
purpose of the Wastewater Collection System Maintenance Standard Agreement form is to
standardize these agreements. The maintenance agreements enable Englewood to perform
•
•
maintenance of adjacent districts that are too small to fund their own maintenance program. •
• This also provides a uniform standard of service for adjacent sanitation districts and insures that
lines are flushed at least once a year .
Motion:
Moved:
To recommend Council approval of the Wastewater Collection System
Maintenance Standard Agreement for City of Sheridan.
Waggoner Seconded: Burns
Motion approved unanimously.
6. SHERIDAN SANITATION DISTRICT NO. 1 CONNECTOR'S AGREEMENT.
The Littleton/Englewood Wastewater Treatment Plant is able to receive and treat sewage
transmitted by various districts. The agreement addresses this service with the district that
owns and maintains the sewer mains. The City of Sheridan has approximately 51 taps and will
continue to own the lines and be responsible for capital improvements it its system.
Motion:
Moved:
To recommend Council approval of the City of Sheridan Wastewater Connector's
Agreement.
Waggoner Seconded: Habenicht
• Motion approved unanimously.
•
0
7. DESIGN AND REPAIR OF 3MG STORAGE TANKS.
Tom Brennan appeared to discuss the design and repair of the 3mg storage tank roofs project.
The Board received a proposal from Wiss, Janney, Elstner Engineers (WJE) regarding scope of
services proposed for the Phase 3 Roof Structure Rehabilitation and New Roof Design in the
amount of $49,500. WJE evaluated various alternatives for the retrofit of the roof slab on the
west tank at the S. Clarkson water storage facility. WJE was responsible for the engineering for
the first two phases.
Motion:
Moved:
To recommend City Manager approval of the Scope of Services for WJE for the 3
mg roof structure rehabilitation in the amount of $49,500.
Lay Seconded: Burns
Motion approved unanimously.
e .
'
8. CHANGE ORDER #02 FOR UV DISINFECTION FACILITY.
Tom Brennan appeared to discuss Change Order #02 that was requested by Asian
Construction for the UV Disinfection Project. The change order will cover a tee wall to
accommodate the clearwell bypass pipe, materials and installation of two additional 1" conduits
along with other minor modifications.
The total cost for Change Order #02 is $46,668.78. The UV project bid was $500,000 below the
$4.5 mission budgeted. The change order will be funded by the original UV project account.
Completion date of the UV project is expected to be mid to late September, 2013. The section
of West Layton Ave. in front of the water plant will be milled and overlayed in early September.
Motion:
Moved:
To recommend City Manager approval of Change Order #02 for the UV
Disinfection Project to Asian Construction in the amount of $46,668.78.
Waggoner Seconded: Habenicht
Motion approved unanimously.
~ ~~
9. LINDSAY MARSH-4344 S. WASHINGTON ST.
The Board received an update on the delinquent account at 4344 S. Washington St. where the
water is turned back on after numerous notices, red-tags and repeated turn-offs. Repeated
attempts to contact Ms. March has resulted in no response. After Officer Read left her a phone
message on July 29, she returned his call and promised to pay her past due bill. As of August
13, 2013 Ms. Read has not paid. Since this is a violation of the Englewood Municipal Code, the
impact team will be ticketing Ms. Marsh.
The Board received copies of the form letters, ''Termination of Water Service -Notice of
Violation," and "Broken Sidewalk Water Valve -Notice of Violation." These forms will be used
in future for delinquent accounts where the curb stop is inoperable and/or where the customer
turns the water back on after it was turned off for non-payment.
:\~
~
10. ALLEN WATER TREATMENT PLANT RESIDUALS MANAGEMENT AND DISPOSAL
EVALUATION.
The Board received a letter from Arcadis outlining potential options for the management and
disposal of treatment residuals generated at the Allen Water Treatment Plant that have elevated
concentrations of radionuclides. The labor and fee estimate for evaluation of discharging
residuals to a waste disposal facility versus discharging residuals to the sewer is $81,670.
Aracadis' first task is for $45,950 for evaluation of discharging residuals to the sewer, and the
second is for $35, 720 for evaluation of existing waste disposal facilities. Staff recommended
proceeding with both options. The City of Aurora may participate financially with task #2.
•
•
•
•
•
•
Motion:
Moved:
To recommend City Manager or Council approval of the Arcadis proposal in the
amount of $81,670 for evaluation of discharging residuals to a waste disposal
facility versus discharging to the sewer. The City Manager may sign as two _
contracts or forward together to Council.
Burns Seconded: _Waggoner
Motion approved unanimously
e
11. COLUMBINE SANITATION DISTRICT SUPPLEMENT #5.
The landowner, Taylor Morrison of Colorado is requesting inclusion into the Columbine Water
and Sanitation District and Valley Sanitation District. Supplement #5 is for 31 taps for a
residential development consisting of 31 patio homes, all located on approximately 9.63 acres.
The property is located on the southeast corner of W. Bowles Ave. and Middlefield Road in the
town of Columbine Valley. The name of the development is The Cottages at Columbine Valley,
currently the Wolf property. ·
Motion: To recommend Council approval of a Billfor an Ordinance approving
Columbine Sanitation District Supplemerit #5 for Taylor Morrison of
Colorado, Inc. -
Moved: Waggoner Seconded: Burns
Motion approved unanimously.
0 STATEMENT FROM DAViD HILL, WATER ATTORNEY.
The Board received David Hills's water rights communication dated August 8, 2013. Mr. Hill's
·review discussed what is happening in cases with United Water and East Cherry Creek Valley
and Bebe Draw. -
Meeting adjourned at 6:50 p.m.
The next Englewood Water Board meeting will be Tuesday, September 10, 2013 at 5:00 p.m. in
the Community Development Conference Room. -·
Respectfully submitted,
Cathy Burrage
Recording Secretary
•
•
•
ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 5
INTRODUCED BY COUNCIL
MEMBER -------
A BILL FOR
AN ORDINANCE APPROVING SUPPLEMENT NO. 5 TO THE VALLEY SANITATION
DISTRICT AND COLUMBINE WATER AND SANITATION DISTRICT CONNECTOR'S
AGREEMENT FOR THE INCLUSION OF LAND WITHIN THE COLUMBINE SANITATION
DISTRICT BOUNDARIES.
WHEREAS, the City of Englewood and the predecessor in interest to Valley Sanitation District
entered into an agreement dated April 18, 1955; and
WHEREAS, the City of Englewood, the predecessor in interest to Valley and the predecessor in
interest to Columbine entered into an agreement dated April 18, 1955 and subsequent agreements,
providing for the transport and treatment of effluent from an additional 800 taps by which the
effluent is carried through Valley outfall lines to be treated by City's sewage treatment plant; and
WHEREAS, Valley and Columbine entered into an agreement dated March 20, 1956, and
subsequent agreements, relating to the transportation of effluent through Valley outfall lines; and
WHEREAS, the previous Agreements and subsequent agreements between the parties place
certain limitations upon the number of taps that can be serviced by the City, Valley and
Columbine; and
WHEREAS, it is the intent of the Parties to this Agreement to specifically allow for an
inclusion into Columbine of a residential development consisting of 31 taps which shall be
serviced by the Parties to Supplement No. 5; and
WHEREAS, Columbine Sanitation District recommends the inclusion of approximately 9.53
acres into the Districts; and
WHEREAS, said inclusion is located on the Southeast comer of West Bowles Avenue and
Middlefield Road in the Town of Columbine Valley; and
WHEREAS, the zoning of this property is primarily residential and the proposed use is to
remain the same with the residential development of 31 patio homes; and
WHEREAS, said annexation of this additional parcel of land will not increase the tap
allocation to the Columbine Sanitation District; and
WHEREAS, the Englewood Water and Sewer Board recommended approval of Supplement
No. 5 to the Valley Sanitation District at the October 8, 2013 meeting;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The Agreement between the City of Englewood and Valley Sanitation District and
Columbine Water and Sanitation District entitled "Supplement No. 5, to Connector's Agreement'',
which includes approximately 9.63 acres located southeast comer of West Bowles Avenue and
west of Middlefield Road in the town of Columbine Valley, is hereby accepted and approved by
the Englewood City Council. A copy of said Agreement is attached hereto as "Exhibit 1" and
incorporated herein by reference.
Section 2. The Mayor and City Clerk are hereby authorized to sign and attest, respectively, the
said Agreement for and on behalf of the City Council and the City of Englewood, Colorado.
Introduced, read in full, and passed on first reading on the 21st day of January, 2014 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of
January, 2014 .
Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of
January, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 21st day of January, 2014.
Loucrishia A. Ellis
•
•
•
•
•
•
SUPPLEMENT NO. __ -..._5 ___ TO CONNECTOR'S AGREEMENT
THIS AGREEMENT, made and entered into by and between the CITY OF
ENGLE\VOOD, acting by an through its duly authorized Mayor and City Clerk,
hereinafter called the "City," and COLUMBINE \VATER AND SANITATION
DISTRICT, Arapahoe and Douglas Counties, Colorado, hereinafter called the
"District,"
WITNESS ETH:
WHEREAS, on the 18 day of April , !t'f 1 9 55 the City and the District
entered into an Agreement in which the city agreed to treat sewage originating from the
District's sanitary sewer system within the area served by the District, which Agreement
was renewed by Connector's Agreement dated Febbuary 23 ,:Wtk 1989
WHEREAS, said Connector's Agreement provides that the district may not enlarge its
service area without the written consent of the City;
NOW, THEREFORE , in consideration of the mutual covenants and undertakings herein
set forth, the parties agree as follows:
I . The City hereby consents to the inclusion of certain additional area located in
Arapahoe County, Colorado, owned by Taylor Morrison of Colorado, ~·more
fully described on Exhibit A attached hereto and incorporated herein by reference, into
Columbine Water and Sanitation District. The City agrees that said additional area may
be served with the sewer facilities of the district, and that the City will treat the sewage
discharged into the City's trunk line from said additional area, all in accordance \vi th the
Connector's Agreement dated April 18 , ~ 195~nd
Amended Febbuary 23 , Z!X 1989 .
Accordingly, Exhibit A referred to in Paragraph I of the Connector's Agreement dated
April 15 , ~ 1955 and Amended February 23, 1989 , 18
hereby amended to include such additional area .
2. Each and every other provision of the said Connector's Agreement dated
April 15, 1955 and Amended February 23, 1989 , shall remain unchanged.
IN \VITNESS WHEREOF, the parties have set their hands and seals this
_____ day of , 20 __ _
E
x
E
I
B
I
T
1
ATTEST:
CITY CLERK
(SEAL)
SECRETARY
(SEAL)
Supplement for Co nne ctors Agr.doc
CITY OF ENGLE\VOOD
l\'IAYOR
COLUMBINE \VATER & SANITATION
DISTRICT,
ARAPAH?E~NTY, COLORADO
.Y--0! ~
By: /_(,(~J ~
•
•
•
•
•
•
3825 Jris Avenue, Ste 395, Boulder, CO 80301
655 Fourth Avenue, Longmont, CO 80501
,,.-, •. .,..,·.f?,1 ts uruom Phone (303) 443-7001 Fax (303)443-9830
THE COTTAGES AT COLUMBINE VALLEY
LEGAL DESCRIPTION
(PREPARED BY FLA Tl RONS, INC .)
A PORTION OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 5 SOUTH, RANGE 68
WEST OF THE 6TH P.M ., BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE POINT OF INTERSECTION OF THE NORTH LINE OF TRACT B, FIRST
ADMINISTRATIVE AMENDMENT BROOKHAVEN AT COLUMBINE VALLEY AND THE EAST RIGHT-
OF-WAY LINE OF SOUTH MIDDLEFIELD ROAD THENCE NORTH 00°31'33" EAST, A DISTANCE OF
833.85 FEET TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF WEST BOWLES AVENUE;
THENCE ALONG SAJD SOUTH RIGHT-OF-WAY LINE NORTH 63°38'05" EAST, A DISTANCE OF
222.38 FEET; THENCE DEPARTING SAID SOUTH RIGHT-OF-WAY LINE AND ALONG THE
WESTERLY AND SOUTHERLY LINE OF THAT TRACT OF LAND DESCRIBED IN DEED RECORDED
IN SOOK 907, PAGE 0728 THE FOLLOWING THREE (3) COURSES :
1) SOUTH 00"01'55" WEST, A DISTANCE OF 352.60 FEET;
2) THENCE SOUTH 29°58 '45" EAST, A DISTANCE OF 149 .96 FEET;
3) THENCE NORTH 89"42'07" EAST, A DISTANCE OF 309 .39 FEET;
THENCE ALONG THE WESTERLY, SOUTHERLY & NORTHERLY LINES OF FIRST ADMINISTRATIVE
AMENDMENT BROOKHAVEN AT COLUMBINE VALLEY, RECORDED IN THE RECORDS OF
ARAPAHOE COUNTY AT RECEPTION NO. B0161325, THE FOLLOWING SIX (6) COURSES:
1) SOUTH 04°10'21" EAST, A DISTANCE OF 89.41 FEET;
2) THENCE NORTH 84°13'23" EAST, A DISTANCE OF 100.18 FEET ;
3) THENCE SOUTH 00°20'00 " WEST, A DISTANCE OF 152 .16 FEET;
4) THENCE NORTH 87°39'57" EAST, A DISTANCE OF 150.59 FEET;
5) THENCE SOUTH 00°02'25 " EAST, A DISTANCE OF 202.23 FEET;
6) THENCE SOUTH 88°21'14" WEST, A DISTANCE OF 847.27 FEET TO A POINT ON THE EAST
RIGHT-OF-WAY LINE OF SOUTH MIDDLEFIELD ROAD, SAID POINT ALSO BEING THE POINT OF
BEGINNING .
•
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 1
INTRODUCED BY COUNCIL
MEMBER OLSON
AN ORDINANCE AUTHORIZING INTERGOVERNMENTAL AGREEMENTS FOR THE
APPLICATION FOR AND ACCEPTANCE OF COLORADO DEPARTMENT OF
TRANSPORTATION GRANTS AWARDED TO THE CITY OF ENGLEWOOD FOR
VARIOUS PROJECTS RELATED TO TRAFFIC SAFETY EDUCATION AND
ENFORCEMENT DURING CALENDAR YEARS 2014, 2015, and 2016.
WHEREAS, the Colorado Department of Transportation (CDOT) has solicited city police
departments throughout the State of Colorado, including the City of Englewood, to participate in
traffic safety education and enforcement programs; and
WHEREAS, some of the funds are State funds and some are Colorado Department of
Transportation (CDOT) pass-through of Federal Funds; and
WHEREAS, the Englewood City Council authorized the application for and acceptance of
CDOT Grants for projects related to traffic safety education and enforcement during the calendar
years of201l,2012 and 2013 by the passage of Ordinance No. 19, Series of 2012; and
WHEREAS, CDOT often gives little notice when they announce their safety campaigns, the
application and notice of awards are done by e-mail; and
WHEREAS, the passage of this Ordinance will authorize the City of Englewood to accept
funding from the Colorado Department of Transportation (CDOT) for various projects related to
traffic safety education and enforcement for all projects initiated in 2014, 2015, and 2016; and
WHEREAS, federal funds are being used for these projects.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes the
acceptance of the Colorado Department of Transportation Grant awarded to the City of
Englewood for funding of various projects related to traffic safety education and enforcement
during calendar years 2014, 2015, and 2016.
Section 2. The City Manager is hereby authorized to apply for and accept Colorado
Department of Transportation grant awarded to the City of Englewood for and on behalf of the
City of Englewood, Colorado for the calendar years 2014, 2015, and 2016, attached hereto as
Exhibit A.
9 bi
Section 3. The Traffic Safety and Education program funds such as mini grants for education •
and the Click It or Ticket program are received from the Colorado Department of Transportation
which are passed through from the U.S. Department of Transportation and the National Highway
of Transportation and Safety Administration -State and Community Safety. These funds are
used to reimburse the City for personnel overtime costs for these projects so the costs to the City
are limited to the costs of processing and accounting of the funds, which costs are budgeted
annually in the Police budget.
Section 4. The funds for the "High Visibility Impaired Driving" Program are State of
Colorado funds which are used to reimburse the City for personnel overtime costs for these
projects so the costs to the City are limited to the costs of processing and accounting of the
funds, which costs are budgeted annually in the police budget.
Introduced, read in full, and passed on first reading on the 6th day of January, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
January, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
January, 2014 for thirty (30) days.
Read by title and passed on final reading on the 21st day of January, 2014.
Published by title in the City's official newspaper as Ordinance No. _, Series of 2014, on
the 24th day of January, 2014.
Published by title on the City's official website beginning on the 22nd day of
January, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on fmal reading and published by
title as Ordinance No._, Series of 2014.
Loucrishia A. Ellis
•
•
HIGH VISIBILITY IMPAIRED DRIVING ENFORCEMENT
JANUARY 31, 2014 -MAY 27, 2014
APPLICATION FOR FUNDS
DOT's Office of Transportation Safety (OTS) will provide funding for overtime enforcement of Colorado's impaired
driving laws for Super Bowl, St . Patrick's Day, Spring Events, and Memorial Day. The selection and funding of participating
agencies will be based on:
• The mission, goals, strategy and objectives of COOT,
• problem identification data relating to impaired driving related caused injury and fatal crashes,
• and statistical analysis of local, state, and federal impaired driving related statistics.
TO APPLY FOR FUNDING
Your agency agrees to:
1. Provide overtime to officers for enforcement of Colorado's impaired driving laws at checkpoints, saturations
patrols, increased patrols, or as dedicated enforcement cars;
2. Utilize only officers who are currently SFST certified to conduct roadside maneuvers;
3. Report your enforcement plans and activity to the COOT website before the specified deadlines;
4. Participate in all 4 campaigns with either increased patrols, saturation patrols, or checkpoints;
5. Submit claims on COOT forms with backup documentation within 45 days after the end of each enforcement
period;
6. Submit a final report on agency letterhead summarizing activity, arrests and crashes compared to last year, overall
results of the enforcement, and any significant events that occurred, with your final claim.
To apply for consideration of funding, return this form via email no later than: October 31, 2013
To: Captain Paul Matzke at paul.matzke@state.co.us Phone: (303) 757-9355
(COMPLETE project coordinator, secondary contact, and budget/finance information is required)
Agency: Englewood Police Dept.
Project Coordinator: Toni Arnoldy Phone Number: 303-762-2490
Email Address: tarnoldy@englewoodgov.org
Secondary Contact: Christain Contos Phone Number: 303-762-2379
Email Address: ccontos@englewoodgov.org
Budget/Finance: Kathy Cassai Phone Number: 303-762-2411
Email Address: kcassai@englewoodgov.org
Send Check to: City of Englewood, Atten Kathy Cassai
Address: 1000 Englewood Pkwy Englewood, CO 80110
ENFORCEMENT PERIODS
Super Bowl
St. Patrick's Day
Spring Events
Memorial Day
0
~
DRIVE SOBER OR
GET PULLED OVER
~
$REQUEST
$1,300 .00
$2,000.00
$3,000.00
$2,600.00
BELOW DATA BASED ON 01/01/13-05/31/13
#OF GRANT FUNDED DUI ARRESTS: 24
#OF AGENCY FUNDED DUI ARRESTS: 159
TOTAL# OF DUI ARRESTS: 183
#OF IMPAIRED DRIVING INJURY CRASHES: 5
#OF IMPAIRED DRIVING FATAL CRASHES: 0 ------TOTAL# OF IMPAIRED/FATAL CRASHES: 5
TOTAL FUNDING REQUEST $8,900.00
OT
DEPARTMENT OF TRANSPORTATION
•
ENFORCEMENT
PERIOD
SUPER BOWL
WEEKEND
ST. PATRICK'S DAY
SPRING EVENTS
MEMORIAL DAY
CHECKPOINT
COLORADO
4TH OF JULY
LABOR DAY
CRACKDOWN
FALL FESTIVALS
HALLOWEEN
WEEKEND
THANKSGIVING
WEEKEND
HOLIDAY PARTIES
NEW YEAR'S EVE
2014 HIGH VISl~ITY & NHTSA
IMPAIRED DRIVING ENFORCEMENT PERIODS
HOLIDAY DATE ENFORCEMENT · ENFORCEMENT ENFORCEMENT PLAN ARREST DATA ENTRY
AND DAY ST ARTS @ 1800 ENDS@0300 DUE ON WEBSITE DUE ON WEBSITE
FEBRUARY 2 JANUARY 31 FEBRUARY 3 JANUARY 21 FEBRUARY 6
SUNDAY FRIDAY MONDAY TUESDAY THURSDAY
MARCH 17 MARCH 14 MARCH 18 MARCH4 MARCH 21
MONDAY FRIDAY TUESDAY TUESDAY FRIDAY
VARIOUS
APRIL 5 MAY18 10 DAYS PRIOR TO 3DAYS
SATURDAY SUNDAY EACH EVENT AFTER EACH EVENT
MAY26 MAY23 MAY27 MAY13 MAY30
MONDAY FRIDAY TUESDAY TUESDAY FRIDAY
MAY23 SEPTEMBER 15 10 DAYS PRIOR TO 3 DAYS
VARIOUS
FRIDAY MONDAY CHECKPOINT AFTER CHECKPOINT
JULY 4 JULY 3 JULY7 JUNE 23 JULY 10
FRIDAY THURSDAY MONDAY MONDAY THURSDAY
SEPTEMBER 1 AUGUST 15 SEPTEMBER 2 AUGUST 5 SEPTEMBER 5
MONDAY FRIDAY TUESDAY TUESDAY FRIDAY*
VARIOUS
SEPTEMBER 5 OCTOBER 20 10 DAYS PRIOR TO 3 DAYS
FRIDAY MONDAY EVENT AFTER EVENT
OCTOBER 31 OCTOBER 30 NOVEMBER3 OCTOBER 20 NOVEMBER6
FRIDAY THURSDAY MONDAY MONDAY THURSDAY
NOVEMBER27 NOVEMBER 25 DECEMBER 1 NOVEMBER 15 DECEMBER4
THURSDAY TUESDAY MONDAY SATURDAY THURSDAY
VARIOUS
DECEMBER 5 DECEMBER 15 NOVEMBER 25 DECEMBER 18
FRIDAY MONDAY TUESDAY THURSDAY
DECEMBER 31 DECEMBER 30 JANUARY 5, 2015 DECEMBER 20 JANUARY 8, 2015
TUESDAY TUESDAY MONDAY SATURDAY THURSDAY
*ARREST DATA REQUIRED TO BE ENTERED AT MIDWAY POINT OF LABOR DAY CRACKDOWNENFORCEMENT PERIOD, ALSO
•
CLAIM DUE TO
CDOT/OTS
MARCH 23
MAY3
JULY 2
JULY 11
OCTOBER 30
AUGUST21
OCTOBER 17
DECEMBER4
DECEMBER 18
JANUARY 15
JANUARY 29
FEBRUARY 19
07/08/13
•
ORDINANCE NO .
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 2
INTRODUCED BY COUNCIL
MEMBER WILSON
AN ORDINANCE AUTHORIZING AN APPLICATION FOR AND ACCEPTANCE OF THE
ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN THE STATEWIDE
INTERNET PORTAL AUTHORITY OF THE STATE OF COLORADO AND THE CITY OF
ENGLEWOOD, COLORADO FOR THE ENGLEWOOD INFORMATION TECHNOLOGY
DEPARTMENT.
WHEREAS , the State of Colorado -Statewide Internet Portal Authority (SIP A) provides a
grant program to accelerate the adoption of electronic government services and to promote the
protection for cyber security for any state or local government in Colorado; and
WHEREAS, the Grant funding is available for equipment, systems, services, project planning,
and implementation of products or services within the scope of the Grant parameters; and
• WHEREAS , the City of Englewood received grants starting with the FY-2007-Supplemental
•
Grant to assist in the development of the disaster preparedness for the City of Englewood; and
WHEREAS , the passage ofthis Ordinance will approve an application for the Eligible
Governmental Entity Agreement Between the Statewide Internet Portal Authority of the State of
Colorado by the City of Englewood, which if awarded will fund the purchase of a firewall to help
protect City assets and protect against cyber attacks ; and
WHEREAS, the Grant stipulates that these funds for an amount not to exceed $6 ,500 will
supplement budgeted funding from local sources and there will be no cost or savings for the City
and there is no requirement for additional matching funds; and
WHEREAS, there are no federal funds associated with this Grant.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes an application
for the Eligible Governmental Entity Agreement between the Statewide Internet Portal Authority of
the State of Colorado and the City of Englewood, Colorado for funds not to exceed $6,500.00 ,
attached hereto as Exhibit A.
9 b ii
Section 2 . The Director of Information Technology is hereby authorized to sign the application •
for the Eligible Governmental Entity Agreement between the Statewide Internet Portal Authority of
the State of Colorado and the City of Englewood, Colorado for and on behalf of the City of
Englewood.
Section 3. The City Council of the City of Englewood, Colorado hereby authorizes the
acceptance of the grant for the Eligible Governmental Entity Agreement between the Statewide
Internet Portal Authority of the State of Colorado and the City of Englewood, Colorado upon its
award by the State of Colorado .
Section 4 . Upon award of the application for the Eligible Governmental Entity Agreement
between the Statewide Internet Portal Authority of the State of Colorado and the City of Englewood,
Colorado the Mayor is hereby authorized to sign for and on behalf of the City of Englewood,
Colorado in accepting this grant.
Introduced, read in full, and passed on first reading on the 6th day of January, 2014 .
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 10th day of
January, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 8th day of
January, 2014 for thirty (30) days.
Read by title and passed on final reading on the 21st day of January, 2014.
Published by title in the City's official newspaper as Ordinance No ._, Series of 2014, on
the 24th day of January, 2014.
Published by title on the City's official website beginning on the 22nd day of
January, 2014 for thirty (30) days .
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of the Ordinance passed on final reading and published by
title as Ordinance No ._, Series of2014 .
Loucrishia A. Ellis
•
•
•
•
•
ELIGIBLE GOVERNMENTAL ENTITY AGREEMENT BETWEEN
THE STATEWIDE INTERNET PORTAL AUTHORITY OF THE STATE OF
COLORADO AND City of Englewood, Colorado.
This Eligible Governmental Entity Agreement ("Agreement") by and between The Statewide
Internet Portal Authority of the State of Colorado ("SIP A"), and City of Englewood ("EGE")
(each a "Party" and collectively "Parties"), is made and entered into on this 6th day of January,
2014.
RECITALS
WHEREAS, SIP A and EGE wish to enter into a cooperative agreement under which
services can be provided at the discretion of both Parties; and
WHEREAS, SIP A provides for the dissemination, sharing, and use of information,
products, and services via the internet; and
WHEREAS, neither Party is committing funds or required to perform services as part of
this agreement; and
WHEREAS, SIP A has entered into certain contracts with its contractors to operate the
Portal and to provide an array of electronic information, products, and services via the internet
(e.g., "Master Contract With Integration Contractor to Design, Build, Operate, Maintain and
Enhance a Statewide Internet Portal Authority" (hereinafter "Master Contract") as amended, and
"COPE Master Contract With Implementation Contractor to Support SaaS Collaboration, Office
Productivity, & Email Solution" (hereinafter "COPE Contract")) and SIPA may enter into other
contracts to expand its array of electronic information, products, and services available to EGE;
and
WHEREAS, SIP A will provide applications and services to EGE pursuant to Task
Orders, Statements of Work, and/or Work Orders; and
WHEREAS, a Task Order, Statement of Work, and/or Work Order will be prepared for
each application or service and mutually signed by SIPA and EGE; and
NOW, THEREFORE, in consideration of the mutual covenants and promises contained
herein, SIP A and EGE agree as follows:
Pagel of6
1300 Broadway, Suite 1101 •Denver, CO 80203 •Ph: 720-409-5634 •Fax: 720-409-5642 • sipa@cosipa.gov
I! :x
Joi
I
B
I
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A
1. EGE shall make available to SIP A electronic information maintained and owned
by EGE as is necessary to complete the agreed upon work as set forth in a Work Order, Task
Order or Statement of Work. As mutually agreed upon in subsequent Work Orders, Task Orders, or
corresponding Statements of Work, EGE will provide reasonable levels of support in placing online
with SIP A certain EGE-owned electronic information, as mutually agreed by EGE and SIP A, with
due regard to the workload and priorities of EGE and SIPA.
2. SIPA may, with the authorization of EGE, through the Portal, make public
electronic information made available to it available to the general public, including EGE's
public electronic information. The Parties agree to use their best efforts to provide adequate and
uninterrupted service under the terms of this Agreement. However, neither Party shall be liable
for interruption of service when the same shall be due to circumstances beyond the reasonable
control of either Party, its agents or employees, including but not limited to unanticipated
equipment malfunction, periodic maintenance or update of the computer systems upon which
such EGE electronic information reside, interruption of service due to problems with the
Colorado statewide area network or due to problems with any telecommunications provider.
3. SIPA and EGE may enter into Task Orders, Purchase Orders, Statements of
Work, or any agreed upon documentation under this Agreement. Task Orders, Purchase Orders,
Statements of Work, or any agreed upon documentation under this Agreement, shall describe
specific Services and/or Applications to be provided to EGE. EGE acknowledges that Services
and/or Applications are usually offered by SIP A's contractors. Task Orders, Purchase Orders,
Statements of Work, or any agreed upon documentation shall cover the purchase of goods and
services from SIP A through the use of EGE funds. All Task Orders, Purchase Orders,
Statements of Work, or any agreed upon documentation involving EGE funds may be approved
by one or more of the following: (1) EGE's senior executive official (e.g., Executive Director,
Director, Manager, Board of Commissioners), or his or her designee. Task Orders, Purchase
Orders, Statements of Work, or any agreed upon documentation shall contain specific time or
performance milestones for SIPA's contractor(s), timelines for completion of relevant Task
Orders, Purchase Orders, Statements of Work, or any agreed upon documentation, including
design specifications and other criteria relevant to the completion of applicable Task Orders,
Purchase Orders, Statements of Work, or any agreed upon documentation, criteria and
procedures for acceptance by EGE and remedying incomplete or inaccurate work for each phase
of relevant Task Orders, Purchase Orders, Statements of Work, or any agreed upon
documentation.
4. SIPA shall be responsible for the operation of, and all costs and expenses
associated with, establishing and maintaining electronic access to EGE electronic information,
databases or other software applications, including (but without limitation) the cost of
purchasing, developing and maintaining programs used to interface with EGE software
applications that provide access to EGE-owned electronic information, products, and services.
EGE acknowledges SIP A may at its discretion use Contractors to perform certain obligation.
EGE's maximum financial obligation for establishing and maintaining electronic access to EGE
Page 2 of6
1300 Broadway, Suite 1101 •Denver, CO 80203 •Ph: 720-409-5634 •Fax: 720-409-5642 • sipa@cosipa.gov
•
•
•
•
•
•
databases or other software applications shall be limited to the Agreement set forth and
appropriated pursuant to each individual Work Order, Task Order, or Statements of Work.
5. Each Party shall have the right to terminate this Agreement by giving the other
Party 60 days' written notice. Unless otherwise specified in such notice, this Agreement will
terminate at the end of such 60-day period, and the liabilities of the Parties hereunder for further
performance of the terms of this Agreement shall thereupon cease, but the Parties shall not be
released from any duty to perform up to the date of termination.
6. None of the terms or conditions of this Agreement gives or allows any claim,
benefit, or right of action by any third person not a party hereto. Nothing in this Agreement shall
be deemed as any waiver of immunity or liability limits granted to SIP A or EGE by the Colorado
Governmental Immunity Act or any similar statutory provision.
7. This Agreement (and related Task Orders, Work Orders, Statements of Work, and
agreed upon documentation) constitutes the entire agreement of the parties hereto and supersedes
all prior negotiations, representations or agreements, either written or oral. This Agreement may
be amended, modified, or changed, in whole or part, only by written agreement approved by
each party.
8. Neither SIPA nor its contractors have responsibility for the accuracy or
completeness of the electronic information contained within EGE's databases. SIPA and its
contractors shall be responsible only for the accurate and complete transmission of electronic
information to and from such EGE databases, in accordance with the specifications of any EGE-
owned software. For the purposes of the Colorado Open Records Act, EGE shall at all times be
the custodian of records. Neither SIP A nor its contractors shall be deemed to be either the
custodian of records or the custodian's agent.
9. This Agreement and any written amendments thereto may be executed in
counterpart, each of which shall constitute an original and together, which shall constitute one
and the same agreement. Delivery of an executed signature page of this Agreement by facsimile
or email transmission will constitute effective and binding execution and delivery of this
Agreement.
10. Confidential mformation for the purpose of this Agreement is information relating
to SIPA's or EGE's research, development, trade secrets, business affairs, internal operations,
management procedures, and information not disclosable to the public under the Colorado Open
Records Act or some other law or privilege. Confidential information does not include
information lawfully obtained through third parties, which is in the public domain, or which is
developed independently without reference to a Party's confidential information. Neither Party
shall use or disclose, directly or indirectly, without prior written authorization, any confidential
information of the other. SIP A shall use its reasonable best efforts to ensure that its contractors
protect EGE confidential information from unauthorized disclosure. Notwithstanding anything
Page 3 of6
1300 Broadway, Suite 1101 • Denver, CO 80203 • Ph : 720-409-5634 • Fax: 720-409-5642 • sipa@cosipagov
to the contrary herein, each Party acknowledges that given the subject matter of this Agreement,
such Party shall not disclose confidential information of the other (whether in written or
electronic form) to any third party, except as required by law or as necessary to carry out the
specific purpose of this Agreement; provided, however, that if such disclosure is necessary, any
third party who receives such confidential information shall also be bound by the nondisclosure
provisions of this Section 12. Upon termination of this Agreement, the Parties shall return or
destroy (at the other Party's request) all confidential information of the other and if such
information is destroyed, each Party shall demonstrate evidence of such destruction to the other.
11. Miscellaneous Provisions
A. Independent Authority. SIP A shall perform its duties hereunder as an
independent authority and not as an employee of EGE. Neither SIP A nor any agent or
employee of SIP A shall be deemed to be an agent or employee of EGE. SIP A and its
agents shall pay when due all required employment taxes and income tax and local head
tax on any monies paid by EGE pursuant to this Agreement. SIP A acknowledges that
SIP A and its employees or agents are not entitled to EGE employment or unemployment
benefits unless SIP A or a third party provides such benefits and that EGE does not pay
for or otherwise provide such benefits. SIP A shall have no authorization, express or
•
implied, to bind EGE to any agreements, liability, or understanding except as expressly •
authorized by EGE. SIPA and its agents shall provide and keep in force workers'
compensation (and provide proof of such insurance when requested by EGE) and
unemployment compensation insurance in the Agreement required by law, and shall be
solely responsible for the acts of SIP A, its employees and agents.
B. Non-discrimination. SIP A agrees to comply with the letter and the spirit
of all applicable state and federal laws respecting illegal discrimination and unfair
employment practices.
C. Choice of Law. The laws of the State of Colorado (except Colorado laws
related to choice of law or conflict of law) and rules and regulations issued pursuant
thereto shall be applied in the interpretation, execution, and enforcement of this
Agreement. At all times during the performance of this Agreement, SIP A shall strictly
adhere to all applicable federal and state laws, rules, and regulations that have been or
may hereafter be established. Any legal action related to this Agreement shall be brought
in either a state or federal court within the City and County of Denver, Colorado.
D. Software Piracy Prohibition. No State or other public funds payable under
this Agreement shall knowingly be used for the acquisition, operation, or maintenance of
computer software in violation of United States copyright laws or applicable licensing
restrictions. SIP A hereby certifies that, for the term of this Agreement and any
extensions, SIP A has in place appropriate systems and controls to prevent such improper
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1300 Broadway, Suite 1101 • Denver, CO 80203 • Ph: 720-409-5634 • Fax: 720-409-5642 • sipa@cosipa.gov
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use of public funds. If EGE determines that SIP A is in violation of this paragraph, EGE
may exercise any remedy available at law or equity or under this Agreement, including,
without limitation, immediate termination of the Agreement and any remedy consistent
with United States copyright laws or applicable licensing restrictions.
F. Notices. All notices required or permitted under this Agreement shall be
in writing and delivered personally, by facsimile, by email or by first class certified mail,
return receipt. If delivered personally, notice shall be deemed given when actually
received. If delivered by facsimile or email, notice shall be deemed given upon full
transmission of such notice and confirmation of receipt during regular business hours. If
delivered by mail, notice shall be deemed given at the date and time indicated on the
return receipt. Notices shall be delivered to:
Ifto SIPA:
Statewide Internet Portal Authority
Attn: Briana Milligan
1300 Broadway, Suite 11010
Denver, CO 80203
Phone: (720) 409-5634
Fax: (720) 409-5642
Email: Briana@cosipa.gov
Ifto EGE:
City of Englewood
Attn: JeffKonishi
Street Address: 1000 Englewood Pkwy
City, State, Zip: Englewood, Colorado 80110
Phone:303-762-2300
Fax:
Email: jkonishi@englewoodgov.org
And to other address or addresses as the parties may designate in writing.
G. Employee Financial Interest. The signatories aver that to their knowledge,
no employee of the State of Colorado has any personal or beneficial interest whatsoever
in the service or property described herein.
H. Disputes. Any failure of either Party to perform in accordance with the
terms of this Agreement shall constitute a breach of the Agreement. Any dispute
concerning the performance of this Agreement which cannot be resolved at the
operational level shall be referred to superior management and staff designated by each
Page 5 of6
1300 Broadway, Suite 1101 •Denver, CO 80203 •Ph: 720-409-5634 •Fax: 720-409-5642 • sipa@cosipa.gov
Party. Failing resolution at this level, EGE may ask the SIPA Board of Directors to
address the dispute. If the dispute is not resolved after reference to the SIP A Board of
Directors, the Parties may use whatever procedures may be available, including but not
limited to termination of the Agreement.
This Agreement is entered into as of the day and year set forth above.
John D. Conley, Executive Director
Statewide Internet Portal Authority
Name: Mayor Randy Penn
Title: Mayor
Entity: City of Englewood
Date: ------
Date: ------
Page 6 of6
1300 Broadway, Suite 1101 •Denver, CO 80203 •Ph: 720-409-5634 •Fax: 720 -409-5642 • sipa@cosipa.gov
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12118113
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2013 SIPA Micr~Grant Application
2013 SIPA Micro-Grant Application
*Required
Requested Services and/or Equipment
Grant request type *
O SenAces
0 Equipment
@Both
If requesting services, describe the type of services. *
Please write "none" if senAces are not being requested
Professional ser.Aces are necessary to migrate firewall policy's .
If requesting equipment, provide a list of equipment needed, including high-level
specifications and price quotes, and confirm and detail how the equipment will be
maintained *
Please write "none" if equipment is not being requested .
2 x Cisco ASA 5515 Firewalls $6, 154.50
Equipment will be maintained by annual Cisco Smart Net
Project type *
@ Internal-This project would impact internal staff and/or operations.
O External-This project would impact clients or population(s) ser.ed by the requesting organization.
Total grant funding amount requested and whether other financial assistance Is needed to
complete the project. *
12/18113 2013 SIPA Micro-Grant Application
2013 SIPA Micro-Grant Application
*Required
Project Description and Outcomes
Problem or situation to be addressed *
Please describe the problem or situation this program will address and why the organization is unable
to fulfill this .need independently.
Outdated firewalls. With receipt of grant funds the City will be able to
redirect cost savings to other cyber security initiatives.
Who is the affected population? *
General Public, Staff, Teachers, etc.
\All City of Englewood Em1\
What Is the size of the affected population? *
Please provide a range such as 10-100 or o\er 5 ,000.
\o\er 1.000 I
What key objectives does your organization aim to achieve by receiving this grant? *
We will update our outdated firewalls which will ensure current
infrastructure standards via internet security protocols allowing us to
better monitor our internet traffic and mediate any security threats.
/,
Description of the impact of the grant*
Describe potential impacts of the grant in areas such as: traffic reduction, financial benefit, financial
burden relief, staff time reduction, or process hours sa\A3d.
Having a new firewall in place will offset existing monitoring tools
annual cost of approximately $30,000.
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2013 SIPA Micro-Grant Application
2013 SIPA Micro-Grant Application
*Required
Requesting Organization and Contact Information
Name of Requesting Organization *
jcity of Englewood I
Organization Website*
lwww.englewoodgov.org j
Organization Physical Address*
j1000 Englewood Parkwayj
Name of single point of contact for the application and contact information, including email
address, phone number, and mailing address*
Jeff Konishi
Director, Information Technology
1000 Englewood Parkway
Englewood, CO 80110
Direct: 303-762-2388
Email: jkonishi@englewoodgov.org
If different from the applicant above, name of single point of contact for the project
requested, and contact information including email address, phone number, and mailing
address
n/a
Organization Type*
O State Agency
O School District
O Special Purpose Authority
@ Municipality
O County Gowmment
O Other
/,
12/18113 2013 SIPA Micro-Grant Application
2013 SIPA Micro-Grant Application
*Required
Additional Background Information
If awarded is your organization able to receive the funds? (Note this is not applicable to
cyber security assessments). *
If not, or if the applicant has any doubt regarding accepting a grant, the organization must pro\1de a
plan outlined and approved by the necessary parties, including the names, email addresses, and
phone numbers of those necessary parties . This plan will only be accepted as part of the application
process.
Yes
Has your organization applied for and been awarded a grant in the past through SIPA? *
O Yes
@No
Is your organization submitting more than one application requesting a cyber security
assessment or funding for services and/or equipment? *
O Yes
@No
If your organization is submitting more than one application, are the projects separate and
distinctly different from each other? *
If only submitting one application, answer N/A.
O Yes
Q No
@ N/A
If applying for more than one grant award please prioritize the multiple application forms
with a short description to differentiate each. *
Note: You must complete the grant application form for each request. If an entity submits more than
one request per form all requests will be disqualified . If only submitting one application , answer N/A .
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12/18113
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2013 SIPA Micre>-Grant Application
2013 SIPA Micro-Grant Application
Please complete this online application for grant assistance from the Colorado Statewide Internet
Portal Authority. Detailed information about grant criteria and qualifications can be found at
www.colorado.gov/sipa.
SIPA does not saw a copy of each indi\1dual EGE's application form. If an EGE wishes to saw a
copy of its application, the EGE should consider creating a separate document for the EGE's
records.
*Required
Has the applicant read the Micro-Grant criteria provided by SIPA? *
@Yes
Q No
Is the applying organization a Colorado Eligible Governmental Entity?*
A Colorado EGE is a State Agency, School District, Special Purpose Authority , Municipality, or
County Go...emment.
@Yes
Q No
Does the applicant have a signed Eligible Governmental Entity Agreement with SIPA, and if
not does the applicant certify one will be completed by the grant award date? *
@Yes
0 No
If grant funding is approved, will this request increase or enhance the adoption of e-
Government cyber security initiatives and/or a-Government services by placing more
information or services online? *
@Yes
Q No
Is the project requested sustainable and does the applicant commit to making staff available
for planning purposes and associated deliverables? *
@Yes
Q No
Is the person signing this application an individual with authority to commit the
organization? *
@Yes
0 No
Was "Yes" the response to each of the questions above? *
@Yes
12/18113 2013 SIPA Micro-Grant Application
2013 SIPA Micro-Grant Application
*Required
Use Certification
Do you agree, by completing this application, to use any cyber security assessments or
funds awarded for the purposes described in this application and that the responsibility for
appropriate disbursement of these funds is the organization's responsibility? *
If it is determined by SIPA or any other source that the funds have been disbursed for other purposes
SIPA has the right to request the return of said funds and the awarded organization shall comply with
such a request.
@Yes
0 No
F>.:Jwerecl by
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2013 SIPA Micro-Grant Application
2013 SIPA Micro-Grant Application
*Required
Responsibility Certification
Do you understand that once the grants for cyber security assessments or funds for services
and/or equipment are awarded and disbursed SIPA holds no further responsibility (financial
or otherwise) to the organization.*
@Yes
Q No
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*Required
Press Release Certification
By selecting YES to this item you are acknowledging and agreeing to allow SIPA to use
your organization's name and related grant information In press releases. *
An organization applying for a grant must approve the use of their name for media purposes .
@Yes
Q No
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2013 SIPA Micro-Grant Application
2013 SIPA Micro-Grant Application
*Required
Update Report Certification
Does your organization agree, if awarded a grant, to submit to SIPA by July 15, 2014, a one
(1) page update on how the grant has solved the problem or situation to be addressed,
impacted your organization's citizens, key objectives your organization has achieved with
the grant, how the grant has aided your organization's operations, and/or the progress of
the grant implementation received through SIPA? *
The grant implementation does not need to be completed by July 15, 2014, but your organization
must pro'v1de SIPA an update on the progress. SIPA will make available an online form for the
submission of this information.
@Yes
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• COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
January 21, 2014 11 a i An Ordinance Adopting Amendments to Title 16
Concerning Home Occupations
Initiated By: Staff Source:
Community Development Department Chris Neubecker, Senior Planner
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
On May 20, 2013 Council directed staff to research this topic and discuss possible changes to the Home
Occupation regulations with Planning and Zoning Commission . The request was to consider allowing
Home Occupations in the R-1-A zone district, while developing criteria to protect the exclusivity and
character of the R-1-A zone.
PREVIOUS PLANNING COMMISSION ACTION
• The Planning and Zoning Commission conducted a public hearing on October 8, 2013 to consider the
proposed amendments to Title 16: Unified Development Code amending regulations concerning Home
Occupations. Two members of the public were present, and one member testified. Following discussion,
the Commission voted in favor of forwarding to City Council proposed amendments to Chapter 5: Use
Regulations, as presented in the attached Bill for an Ordinance.
RECOMMENDED ACTION
The Community Development Department recommends adoption of a Bill for an Ordinance authorizing
amendments to Title 16: Unified Development Code regarding Home Occupations on First Reading, and
setting February 3, 2014 as the date for a Public Hearing to consider testimony on the proposed
amendments.
Attached is a memo from the City Attorney on options for the Council to consider for changes to the
ordinance.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
In May 2013, the City Council raised concerns about limitations of the current Home Occupations policy,
which currently prohibits Home Occupations in the R-1-A zone district. The Council asked staff and the
Planning and Zoning Commission to research this issue as it pertains to R-1-A, in order to allow uses that do
•
not impact the neighborhood, such as bookkeeping, internet based businesses, consulting services, and
similar uses which do not require clients coming to the home.
2
The Planning and Zoning Commission reviewed the proposed changes on June 4, July 3, and August 8,
2013. On October 8, 2013 the Commission held a public hearing and recommended that City Council •
approve an ordinance to amend the Home Occupations regulations. The proposed changes would allow
Home Occupations in the R-1-A zone district, as well as any other district or PUD where residential uses are
approved.
Some of the key elements of this proposal include:
• Home Occupations would be allowed in R-1-A zone districts.
• Exterior signage, window displays and outdoor merchandise would be prohibited in R-1-A zone
districts. This is to protect the special character and exclusivity of the R-1-A zone district.
• Home Occupations would be allowed in accessory structures, such as garages. The intent of this
change is to promote free enterprise, and to allow for the potential for new businesses that start in a
garage, such as Apple, Hewlett-Packard, Google, and Disney.
• Limitations on use of electric motors would be removed from the regulations. Noise and other
impacts to neighbors would be addressed by referring to Title 15 dealing with nuisances.
• New prohibited uses would include food preparation, manufacture of alcohol, and landscaping
industries.
• Additional language is proposed to clarify that the administrative or clerical functions of businesses
would be allowed for home occupations that are otherwise prohibited. (Example: Bookkeeping and
office functions of a landscaping business would be allowed).
• Removing the limitation of only one (1) home occupation per dwelling unit. The Commission
wanted to allow multiple businesses in one residence, since there may be several members of a
household each operating a business .
Other changes are proposed to clarify these regulations, include the following: •
• Deleting the word "incidental" in favor of the word "secondary" in the introductory paragraph. This
was done since "incidental" implies something that happens merely by chance or without intention.
However, starting a new business deserves extensive thought and planning, and is usually not
incidental.
• Add "food preparation" to restaurants as a prohibited business type.
• Prohibit manufacture of wine, distilled spirits and malt beverages.
• Require that all materials used in the home occupation shall be stored indoors.
• Require that home occupations register with the City prior to start of operations. Otherwise,
registration may not happen in a timely manner.
ANALYSIS
Home based businesses are a growing trend around the world. Modern telecommunications now allow
people to work from almost any location for many industries. Advances in e-commerce, based primarily
around the internet, allow individuals to run businesses from their homes with virtually no impact to
surrounding residential uses. Prices for desktop and laptop computers continue to fall while becoming more
powerful tools and providing faster connections to potentially billions of customers around the globe.
Parcel delivery services also allow businesses to send and receive packages to customers and clients with
the same efficiency as traditional offices.
•
3
However, some types of Home Occupations still have the potential to cause disturbance, noise, odors and
• safety impacts to nearby residents. Some industries have more potential impact on public health, or require
greater space (such as vehicle and equipment storage).
Some of the issues that the Planning and Zoning Commission discussed include the parking of commercial
vehicles at Home Occupations, and the number of potential customers that might come to a private
residence. Proposals to prohibit parking of commercial vehicles in the R-1-A zone were removed due to
conflicts with a citizen ballot initiative (2D) approved in 2011. Also, prohibitions on customers and clients
coming to a Home Occupation in the R-1-A zone district were removed from earlier drafts, as this was seen
as vital to operating a business for some industries.
Staff notes that after this topic was reviewed by the Planning Commission, we received an inquiry from a
local resident about a possible food preparation business, based on the Colorado Cottage Food Act of
2012 . This state law allows preparation of certain foods at private residences with sales directly to the
consumer. The law limits the types of foods that may be prepared in private homes to those that are
"nonpotentially hazardous and do not require refrigeration". Allowed foods include spices, teas, dehydrated
produce, nuts, seeds, honey, jams, jellies, preserves, fruit butter, baked goods and candies. Since this state
law was not discussed by the Planning Commission, and since the prohibition of food preparation was
suggested by staff to include food preparation other than restaurants, we would like the Council to decide if
this prohibition on food preparation should be removed.
FINANCIAL IMPACT
There is no direct impact to the City as a result of this ordinance. Over the past 10 years, approximately
• 720 Home Occupations have registered with the City. It is unclear how many of these businesses are still in
operation, or how many of these people still live in the City. Indirectly, it is anticipated that this ordinance
will have a positive financial impact on the community by encouraging existing entrepreneurs to open
businesses at home, encouraging new home buyers to locate in the City, and preventing "leakage" of sales
tax dollars when home based businesses owners shop locally.
•
LIST OF ATTACHMENTS
Planning and Zoning Commission Staff Report -October 8, 2013
Planning and Zoning Commission Minutes -October 8, 2013
Planning and Zoning Commission Findings of Fact -Case No. 2013-04
City Attorney Memo on Options and Motions for Changing the Ordinance
Bill for an Ordinance
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TO:
THRU:
FROM:
DATE:
SUBJECT:
M E M 0 R A N D
Planning & Zoning Commission
Alan White, Community Development Director
Chris Neubecker, Senior Planner
October 8, 2013
Case 2013-04 -Public Hearing
Home Occupations
Recommendation:
u M
The Community Development Department requests that the Planning and Zoning
Commission review, take public testimony, and forward to City Council a recommendation
for adoption proposed amendments to the Unified Development Code of the Englewood
Municipal Code Title 16, Chapter 5, Use Regulations, relating to Home Occupations .
Background:
On August 6, 2013, the Planning and Zoning Commission reviewed a proposal to modify
the existing policy on Home Occupations (EMC 16-5-4 C 1 ). This review was in response to
City Council concerns about existing restrictions that prohibit home occupations in the R-1-
A district, which is the residential district with the largest single family lots in the city. The
Planning and Zoning Commission supported most of the proposed changes, but raised
concerns about some of the proposed restrictions on commercial vehicles in light of the
Citizen Referendum 2D, codified as Ordinance 1, Series 2011/2012.
Some Commissioners also raised concerns about prohibiting customers, clients and vendors
from visiting a home occupation, although the majority supported this restriction.
Analysis:
Home Occupations are currently allowed as an Accessory Use in the following zoning
districts: R-1-B, R-1-C, R-2-A, R-2-B, MU-R-3-A, and MU-R-3-B. Staff believes that home
occupations could also be allowed in the R-1-A district (and any other district where
residential uses are allowed) with certain restrictions to protect the residential character of
neighborhoods. These proposed restrictions include:
All zoning districts:
• Require materials and equipment used in the home occupation to be stored indoors .
• Allow only one sign per residence, up to one square foot
1000 Englewood Parkway Englewood, Colorado 80110 PHONE 303-762-2342 FAX 303 783-6895
www.englewoodgov.org
R-1-A zoning district:
• Prohibit customers, sales and display of goods in the R-1-A district
• Prohibit exterior business signs in the R-1-A district
Commercial Vehicles:
At the last meeting on this topic, some Commissioners raised concerns about prohibiting
parking of commercial vehicles at home occupations in the R-1-A zone district. This idea
was proposed to preserve the residential character and exclusivity in the R-1-A districts.
However, enforcement of this rule may be a challenge. While some commercial vehicles
may fit within a garage out of sight from the neighbors, others will be forced to park in a
driveway or on the public street. Also, it may be difficult to distinguish between a
commercial vehicle used in a home occupation from a commercial vehicle on a normal
service call, or a vehicle that an employee takes home from work. Due to these concerns,
and those raised by the Commission about Ballot Question 20 concerning parking vehicles
on private property, the draft language on parking has been removed from the attached
version.
On Site Sales:
The Commission did not reach a consensus on sales of goods or services at a home
occupation in the R-1-A zone district. Some agreed that sales, customers and clients should
•
be prohibited at home occupations to preserve the residential character. Others felt that •
customers and clients coming to a residential property is a vital part of operating a home
based business. The concern focused on the number of people and cars per day, which
could be significant at times. One example was a tax accountant in March and April, which
could generate many daily visits during the busiest times of the tax season.
Staff does not believe that customer traffic will be significant in most cases . Also, we believe
that most of the potential impacts of home occupations are addressed by limiting uses,
prohibiting exterior signs and display of merchandise, and prohibiting employees not
residing at the property.
Recommendation
Staff believes that the proposed draft code changes capture the intent and consensus of the
Commission from the meeting of August 6. We believe that these changes help support
new business development but will also help protect community character in the R-1-A
districts.
A motion to recommend approval of the ordinance to City Council is needed.
Next Steps
We hope to develop a consensus of the Planning and Zoning Commission at this hearing. If
the Planning & Zoning Commission recommends approval, we intend to move forward with
first reading of an ordinance by City Council.
Attachments:
Amendments to Title 16 pertaining to Home Occupations •
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CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
REGULAR MEETING
October 8, 2013
Minutes and audio are available at:
http://www.englewoodgov.org/lndex.aspx?page=152
I. CALL TO ORDER
The regular meeting of the City Planning and Zoning Commission was called to order
at 7:00 p.m. in the City Council Chambers the Englewood Civic Center, Chair Brick
presiding.
Present: Bleile, Townley Knoth, Roth, Welker, Kinton, Freemire (alternate), Brick
Absent: King (excused), Fish (excused)
Staff: Alan White, Director of Community Development
Chris Neubecker, Senior Planner
Nancy Reid, Assistant City Attorney
.....
II. APPROVAL OF MINUTES
September 17, 2013
Knoth moved:
Roth seconded: TO APPROVE THE September 17, 2013 MINUTES
Chair Brick asked if there were any modifications or corrections.
AYES: Bleile, Knoth, Roth, Kinton, Brick
NAYS: none
ABSTAIN: Townley, Welker
ABSENT: King, Fish
Motion carried .
Ill. STUDY SESSION
Case #2013-04 Home Occupations
Chair Brick and Mr. Knoth stated for the record that they live in the R 1 A Zone District
but that it will not affect their objectivity . ....
Motion to Open Public Hearing
Roth moved;
Welker seconded to open Public Hearing for Case #2013-04 Home Occupations
AYES: Bleile, Townley, Knoth, Roth, Welker, Kinton, Brick
NAYS: none
ABSTAIN: none
ABSENT: King, Fish
Chris Neubecker, Senior Planner, was sworn in. Proof of Publication was provided
for Public Hearing.
•
Mr. Neubecker gave a summary of the need for the proposed changes, which were to •
allow home occupations in R-1-A zones, but to limit potential negative impacts.
Some of the issues that have not yet been agreed upon by the Commission include
commercial vehicles and on-site sales. As proposed, no customers, vendors or
clients would be allowed at home occupations in R-1-A. Also, no exterior signs would
be allowed in R-1-A .
.....
Doug Cohn, 3051 S South Marion, was sworn in.
Motion to Close Public Hearing
Knoth moved;
Townley second
AYES: Bleile, Townley, Knoth, Roth, Welker, Kinton, Brick
NAYS: none
ABSTAIN: none
ABSENT: King, Fish
.....
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Motion: Case #2013-04 Home Occupations Favorable recommendation of the
request as written in the staff report.
Welker moved
Knoth seconded
Discussion ....
Mr. Welker made the following friendly amendment. Mr. Knoth accepted.
Section 1 e. (1) shall read:
"No assistants or employees that are not residents of the principal dwelling unit shall
work at the residence."
Ms. Reid advised that staff will refine the wording of Section 1 e. (1) if necessary.
Vote on original motion with friendly amendment
AYES: Bleile, Townley, Knoth, Welker, Kinton
NAYS: Brick, Roth
ABSTAIN: none
ABSENT: King, Fish
Motion passes 5-2
Mr. Welker moved to delete section 1 h. (1)
Mr. Knoth seconded
"No customers, vendors, or clients shall be allowed at the site of the home occupation
in the R-1-A district."
Discussion ....
AYES: Bleile, Townley, Knoth, Welker, Kinton, Roth
NAYS: Brick
ABSTAIN: None
ABSENT: King, Fish
6-1 vote passes .
....
IV. PUBLIC FORUM
Dr. Robert Farris was sworn in . He came in after the public hearing and wanted to
ask questions about entertaining clients at his home. Mr. Neubecker provided a
business card and suggested he contact staff since the public hearing was closed on
Home Occupations . ....
V. ATTORNEYS CHOICE
None
....
VI. STAFFS CHOICE
....
Mr. Neubecker stated that he is still pursuing an area to study and commission
field trip with regard to pedestrian activity on main thoroughfares.
VII. COMMISSIONERS CHOICE
The meeting adjourned at 8:00 p.m.
Julie Bailey, Recording Secretary
•
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CllY OF ENGLEWOOD PLANNING AND ZONING COMMISSION
IN THE MATTER OF CASE #2013-04,
FINDINGS OF FACT, CONCLUSIONS
AND RECOMMENDATIONS RELATING
TO THE UNIFIED DEVELOPMENT CODE
HOME OCCUPATIONS
INITIATED BY:
Community Development Department
1000 Englewood Parkway
Englewood, CO 80110
FINDINGS OF FACT AND
CONCLUSIONS OF THE
CITY PLANNING AND
ZONING COMMISSION
Commission Members Present: Bleile, Brick, King, Knoth, Roth, Fish, Welker, Townley,
Kinton
Commission Members Absent: None
This matter was heard before the City Planning and Zoning Commission on October 8,
2013 in the City Council Chambers of the Englewood Civic Center .
Testimony was received from staff. The Commission received notice of Public Hearing, the
Staff Report, and a copy of the proposed amendments to Title 16 Unified Development
Code which were incorporated into and made a part of the record of the Public Hearing.
After considering the statements of the witness and reviewing the pertinent documents, the
members of the City Planning and Zoning Commission made the following Findings and
Conclusions.
FINDINGS OF FACT
1. THAT the City Council heard concerns from citizens relating to current limitations
on home occupations in the R-1-A zone district.
2. THAT the City Council directed staff and the Planning Commission to research
current limitations in the Unified Development Code concerning home occupations
in the R-1-A zone district.
3. THAT the residential character of the R-1-A zone district, which contains the largest
single family lots in the City, should be protected .
Page 1of4
4. THAT on October 8, 2013 the Public Hearing on the Unified Development Code
(UDC) Home Occupations was brought before the Planning Commission by the
Department of Community Development, a department of the City of Englewood.
5. THAT notice of the Public Hearing was on the City of Englewood website from
September 1 7, 2013 through October 8, 2013. Notice was published in the
Englewood Herald September 27, 2013.
6. THAT the Staff Report was made part of the record.
7. THAT Home Occupations are currently allowed as an Accessory Use in the
following zoning districts : R-1-B, R-1-C, R-2A, R-2B, MU-R-3-A and MU-R-3-B.
8. THAT staff believes home occupations should also be allowed in the R-1-A district
(and any other district where residential uses are allowed) with certain restrictions to
protect the residential character of neighborhoods.
9 . THAT Planning and Zoning Commission determined that no assistants or employees
of the business who are not a resident of the home shall perform work at the
residence.
10. THAT Planning and Zoning Commission determined exterior signage for the home
occupation should be prohibited in the R-1-A district.
CONCLUSIONS
1. THAT on October 8, 2013 a Public Hearing on the Unified Development Code
Home Occupations Amendment was brought before the Planning Commission by
the Department of Community Development, a department of the City of
Englewood.
2. THAT notice of the Public Hearing was on the City of Englewood website from
September 1 7, 2013 through October 8, 2013 and was published in the Englewood
Herald September 27, 2013.
3. THAT the zoning amendments will enhance business opportunities in the City.
4. THAT the zoning change conforms to Roadmap Englewood: 2003 Englewood
Comprehensive Plan Objective 1-2: Actively engage in attracting new businesses to
the City.
5. THAT the previously discussed revised amendments be forwarded to City Council.
Page 2 of3
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DECISION
THEREFORE, it is the decision of the City Planning and Zoning Commission that Case
#2013-04 Unified Development Code Home Occupations be referred to the City Council
with a favorable recommendation .
This decision was reached upon a vote on a motion made at the meeting of the City
Planning and Zoning Commission on October 8, 2013, by Mr. Welker, seconded by Mr.
Knoth, which motion states:
AYES:
NAYS:
ABSTAIN:
ABSENT :
CASE#2073-04, AMENDMENTS TO TITLE 16: UNIFIED DEVELOPMENT
CODE RELATED TO HOME OCCUPATIONS BE RECOMMENDED FOR
APPROVAL TO CITY COUNCIL WITH A FAVORABLE
RECOMMENDATION WITH THE FOLLOWING CONDITIONS:
1. SECTION 1 h. (7) BE REMOVED :
"NO CUSTOMERS, VENDORS, OR CLIENTS SHALL BE
ALLOWED AT THE SITE OF THE HOME OCCUPATION IN THE
R-1-A DISTRICT."
Bleile, Townley, Knoth, Welker, Kinton, Roth
Brick
None
King, Fish
Motion carried.
Welker moved;
Knoth seconded :
AYES:
NAYS:
ABSTAIN:
ABSENT:
FURTHER THAT SECTION 1 E. (1) SHALL READ AS FOLLOWS:
"NO ASSISTANTS OR EMPLOYEES THAT ARE NOT RESIDENTS OF THE
PRINCIPAL DWELLING UNIT SHALL WORK AT THE RESIDENCE."
Bleile, Townley, Knoth, Welker, Kinton
Brick, Roth
None
King, Fish
These Findings and Conclusions are effective as of the meeting on October 8, 2013 .
Page 3 of 4
BY ORDER OF THE CITY PLANNING & ZONING COMMISSION •
John Brick, Chair
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MEMORANDUM
TO: Mayor Penn
Englewood City Council Members
FROM: Dan Brotzman, City Attorney ttl'
Nancy Reid, Deputy City Attorney
Alan White, Director of Community Development
Chris Neubecker, CD Planner
DATE: January 13, 2014
REGARDING: Language for Council issues pertaining
to Home Occupations -C.B . 60.
______________ R-1-A ___________________ _
ISSUE NO. 1: To limit Home Occupations to office type uses in the R -1-A Zone District.
Motion to add a new Subsection: 16-5-4-C(l)(a)(i) to read:
g i Additional Restrictions in the R-1-A District:
W Within the R-1-A District. the following additional restrictions shall apply
for Home Occupations.
ill Home Occupations in the R-1-A District shall be limited to activities
normally conducted in an office. By way of example but not
limitation. this would include the management. marketing. or
accounting for a business: telecommuting (meaning working in the
home using a computer terminal or video connected by wire or
wireless to a business): conducting business services or operations
via the internet: or writing .
And adding a Whereas, to read: "Whereas, there are additional limitations on
home occupations in the R-1-A zone district in order to protect the special
character and exclusivity of the R-1-A zone district."
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ISSUE NO. 2: To prohibit customers and deliveries in the R-1-A Zone District.
Motion to add a new Subsection: 16-5-4-C(l)(a)(ii) to read:
(iliii1 No physical customer visits or deliveries relating to the Home Occupations
shall be allowed in the R-1-A District.
* NOTE -Enforcement of this provision will be problematic.
ISSUE NO. 3: To prohibit commercial signage in the R-1-A Zone District.
Motion to add a new Subsection: 16-5-4-C(l)(a)(iii) to read:
(a) (iii) No exterior signage shall be allowed in the R-1-A District.
And deleting 16-5-4(C)(l)(g)
g: A<:l<:litio:eal Restrietioas m the R 1 A Distriet:
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\l/ithia the R 1 A Distriet, the followiag a<:l<:litioaa-1 restrietioB shall aflfllY for Home •
Oe~flatioas. '
EB }fo e~Eterior sigaage shall ae allo'Ne<:l Hi the R 1 A Distriet.
ISSUE NO. 4 Registration.
The Code currently requires registration of Home Occupations in all zone districts. The Planning
and Zoning Commission recommended extending this to R-1-A and requiring registration before
starting operations.
To remove the registration requirement a Motion would read:
Motion to delete Subsection 16-5-4(C)(l)(c) in its entirety.
c. Registration. All home occupations shall register with the City prior to the
start of operations.
And amending the 9th Whereas to add: "However, City Council has decided that registration of a
home occupation is not necessary for the enforcement of this Ordinance."
* NOTE: Staff believes registration allows staff to explain the operational requirements for
home occupations. This ability will be critical for R-1-A home businesses because of the
limitation to strictly office functions.
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ISSUE NO. 5: Use of an Accessory Structure for a home occupation in all zone districts.
The Code currently prohibits the use of an accessory structure for Home Occupations. The
Planning and Zoning Commission recommended allowing the use of accessory structures .
To prohibit the use of accessory structures for a home occupation the Motion would be:
Motion to remove all changes recommended by Planning and Zoning Commission in
16-5-4(C)(l)(b) and 16-11-2 (B) "Definition of Words, Terms, and Phrases".
The subsection will revert to the current language:
b. Where Allowed on Site. The home occupation shall be operated entirely within
the dwelling unit, and only by the person or persons maintaining a dwelling unit
therein. The home occupation shall not have a separate outside entrance. The
home occupation shall not be conducted in a detached accessory structure.
The definition will revert to the current language:
Home Occupation : Any use conducted entirely within a dwelling structure and
carried on by the occupants thereof, which is clearly incidental and secondary to the
primary use of the dwelling for dwelling purposes and does not change the character
thereof. Such uses must meet all conditions and requirements for the particular zone
in which such use is located.
And amending the 6th Whereas to read: "City Council disagrees and wishes to keep home
occupations within the residential use."
ISSUE NO. 6: Square footage limitation.
Currently home occupations are limited to 300 square feet. To change this area to a percentage
of the indoor space the motion would be:
Motion to amend 16-5-4(C)(l)(e)(4) to delete the phrase "three hundred (300) square feet" and
insert the phrase "fifty percent (50%)".
(4) The home occupation, including storage of materials, equipment,
inventory, and/or supplies, shall not utilize more than three hlmdred (300)
SE[l:la:i=e feet fifty percent (50%) of the indoor space of the dwelling unit;
provided, however, that this does not apply to permitted home care
accessory uses.
And adding a new Whereas to read: "City Council found that the current 300 square foot limit
on a home occupation was too restrictive."
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ISSUE NO. 7: Food Preparation.
While staff originally recommended a prohibition on food preparation as a home occupation
because of odor and other concerns, staff now recommends that food preparation on a scale for
home occupation is regulated by the "Cottage Food Act" 25-4-1614 C.R.S. which provides
sufficient safeguards to the neighborhood.
To allow food preparation the Motion would read:
Motion to delete "food preparation" from the Planning and Zoning Commission recommendation
to 16-5-4(C)(l)(f) in the Ordinance Prohibited Uses list of home occupations for all zone
districts.
And adding a new Whereas to read: "Whereas, the City Council finds the "Cottage Food Act"
25-4-1614 C .R.S. and the Nuisance Code provides sufficient safeguards against odors, and other
impacts."
CC: Dugan Comer
Jeff Sanchez, Deputy Chief of Police
Mark McKay, EPD Sergeant
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ORDINANCE NO.
SERIES OF 2013/2014
BY AUTHORITY
COUNCIL BILL NO. 60
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE AMENDING TITLE 16, CHAPTERS 5, 4-C{l)(a) THROUGH (g); 5-4-C(2)
AND 11-2-B, OF THE ENGLEWOOD MUNICIPAL CODE 2000 PERTAINING TO HOME
OCCUPATIONS AND ALLOWING THEM IN THE R-1-A ZONE DISTRICTS.
WHEREAS, the City has the authority to regulate the use of land from the "Local
Government Land Use Control Enabling Act," C.R.S. 29-20-101 et. seq. and the Englewood
Home Rule Charter, Nopro vs. Town of Cherry Hills Village, 504 P.2d 344 (1972); and
WHEREAS, the City has the authority to regulate home occupations, Christiansen vs . City
Council of City of Golden, 757P.2d1121 (1988) and Jones vs. Board of Adjustments, 204 P.2d
560 (1949); and
WHEREAS, the City has adopted ordinances under its police power regulating the use of
signs and creating a comprehensive system of sign standards to provide a balance between the
right of businesses to identify themselves, the protection of the uses permitted and compatibility
with the surrounding area; and
WHEREAS, restrictions on commercial speech are constitutional per Central Hudson Gas and
Electric vs. P.S.C., 447 U.S. 557 (1980); and Board of Trustees vs. Fox, 492 U.S. 469 (1989),
including prohibiting signs entirely; and
WHEREAS, the Planning and Zoning Commission found window signs for home occupations
should be prohibited in R-1-A zone districts to protect the special character and exclusivity of the
R-1-A zone district; and
WHEREAS, the Planning and Zoning Commission found Home Occupations should be
allowed in accessory structures, such as garages because they are fully enclosed and not visible
from the outside, just as if they were inside the principal structure; and
WHEREAS, the Planning and Zoning Commission added to the list of prohibited uses; food
preparation, manufacture of alcohol, and landscaping industries because these would:
• be more likely to have impacts on the surrounding area
• likely have too much impact on residential neighborhoods, and change the character of
the area;
• have impacts that are more akin to commercial and industrial zones, that people don't
want to see in residential zones .
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WHEREAS, the Planning and Zoning Commission recommended removing the limitation of
only one (1) home occupation per dwelling unit because there may be several members of a
household each operating a business; and
WHEREAS, Home Occupations, as defined by the Unified Development Code and the
Planning and Zoning Commission recommend changes will require registration as such while a
home office, maintained for the convenience of the occupant and not for the purpose of a home
occupation, will not be required to register as a home occupation; and
WHEREAS, enforcement has been identified as problematic by the Police Department and
the Prosecutor due to a lack of distinction between a home office and a home occupation; and
WHEREAS, the Planning and Zoning Commission felt further defining a home office and a
home occupation was unnecessary; and
WHEREAS, the Planning and Zoning Commission recommended deleting the word
"incidental" in favor of the word "secondary'' in the introductory paragraph because the structure
is still primarily a residence.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF Tiffi CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 5, Section 4, Subsection(C)(l)(a) entitled "Home Occupation" of the
Englewood Municipal Code 2000, to read as follows:
[EDITORS NOTE: 16-5-4(A) and (B) contain no change and are therefore not included here]
16-5-4-C: Accessory Uses Permitted. Table 16-5-1.1 includes accessory uses and.shows in which
zoning district a specific accessory use is permitted. If an accessory use is not listed in Table 16-
5-1.1, but satisfies all the general standards set forth in subsection 16-5-4.B EMC, the City
Manager or designee may allow its establishment according to the procedures and criteria in
Section 16-5-1.B EMC, "Unlisted Uses." In addition, all unlisted accessory uses shall be subject
to compliance with the general, dimensional, and operational standards set forth in this Section
16-5-4 EMC.
1. Home Occupation. Occupations eastemarily i:e.eiaeRtal which are secoruiarv to the
principal use as a residence may be allowed when conducted in the same dwelling,
provided the following standards are met:
a. Districts Allowed. Home occupations are allowed in the following districts: B,;l;
A,. R-1-B, R-1-C, R-2-A, and R-2-B, MU-R-3-A, MU-R-3-B, MU-R-3-C, M-1,
M-2, M0-2, and TSA. Oaly eae (1) 'heme eeeapatiea saeJl be permittea per
<1'Nelli:e.g Hait. Home occupations may be permitted accessory to principal
residential uses located in nonresidential districts (e.g., in a manufactured home
park located in an industrial district. in a PUD that allows residential uses. or in
any residential dwelling unit otberwise aooroved by the Citv) provided the home
occupatio~ complyies with all requirements of residential district home
occupations herein.
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Section 2. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 5, Section 4, Subsections(C)(l )(b) through (g) entitled "Home Occupation" of
the Englewood Municipal Code 2000, to read as follows:
b. Where Allowed on Site. The home occupation shall be operated entirely within
the dwelling unit or within an accessory structure. and only by the person or
persons maintaining a dwelling unit tfteFeiB in the residential use. The home
occupation shall not have a separate outside entrance. The heme eeeef)atiee. shall
e.et ee eee.Elaeteel iB a aetaeheel aeeessery stfl:letaf'e .
c. Registration. All home occupations shall register with the City prior to the start
of operations.
d. Sales.
(1) On the Premises . The sale on the premises of items that have been made,
grown, or prepared on the premises shall be permitted. The sale on the
premises of any item that has not been made, grown, or prepared on the
premises shall be prohibited.
(2) Off the Premises. Sales off the premises of such items as personal or
household goods such as those products offered by Avon, Amway, Fuller
Brush, Watkins, etc., shall be permitted.
e. Operational Requirements .
(1) No assistants or employees that are not residents of the principal dwelling
unit shall :ee work et=Bflley:eel iB m the lieme eeel:lf)atiee. residence/dwelling
unit.
(2) The hours and manner of such uses and the ft0ise-impacts created thereby
shall not interfere with the peace, quiet, or dignity of the neighborhood and
adjoining properties which creates a nuisance under Title 15 of this Code.
(3) Incidental storage shall be allowed for items made on the premises and/or
sold off the premises consistent with this Section. All storage shall be
indoors. including all materials. equipment. inventory and supplies.
( 4) The home occupation, including storage of materials, equipment,
inventory, and/or supplies, shall not utilize more than three hundred (300)
square feet of indoor space; provided, however, that this does not apply to
permitted home care accessory uses.
(5) The 'l:lSe ef eleekie meteFS shall ee limiteel iB fl0Wer, vA:th a tetal limitatiee.
ef ee.e ae.el ee.e half ( 1 ~~) heFSefJ0WeF , ae.el e.0 siBgle l:l:ftit eveF three feliftl:ts
0') heFSefJ0WeF. Only one exterior sign. up to a maximum of one (1)
square foot in area. shall be allowed. The sign shall be affixed to the
building . and shall be unlighted and unanimated. A Sign Permit shall be
required .
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!21 No window disolavs shall be allowed and no sample commodities shall be
disolayed outside the dwelling.
f. Prohibited Uses. In no event shall any home occupation include the following
business or commercial activities (except for the administrative or clerical
functions related to these businesses. such as bookeeping. marketing. and
customer phone calls):
( 1) Animal hospital or kennel, animal daycare, breeders, except licensed
canine and feline breeders.
(2) Asphalt paving business.
(3) Barbers, hairdressers, cosmetologists, beauticians or any activity involving
the skin, hair or nails.
( 4) Body, mechanical repair, or modification of motor vehicles.
(5) The sale, storage, manufacture, or assembly of guns, knives or other
weapons or ammunition.
(6) Dump trucks.
(7) Restaurants or food preparation.
(8) Towing business.
(9) Processes involving the dispensing, use, or recycling of hazardous or
flammable substances and materials.
(10) Automotive vehicles sales requiring a state dealer's license.
(11) Medical Marijuana Centers.
(12) Medical Marijuana-Infused Products manufacturers.
(13) Medical Marijuana Optional Premises Cultivation Operation.
M Manufacture of wine. distilled spirits. or malt beverages.
~ Landscaping supplies. installation. maintenance or repair.
g,, Additional Restrictions in the R-1-A District:
Wjthin the R-1-A District. the following a<lditional restriction shall aoolv for
Home Occupations.
ill No exterior signage shall be allowed in the R-1-A District.
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Section 3. The City Council of the City of Englewood, Colorado hereby makes no
amendments to Title 16, Chapter 5, Section 4, Subsection(C)(2) entitled "Parking Area" through
Subsection D(2) of the Englewood Municipal Code 2000, to read as follows:
2. Parking Area.
a . Parking Area, (R-2-B District Only). When an R-2-B district abuts or is adjacent
to a MU-B-2 district, the parking area must be screened from the residential
portion of the lot by a six foot (6) opaque fence. Side yard fences must also be
provided to screen adjacent property. These fences shall also be six feet (6) in
height except that, within ten feet (10) of the rear property line, the fences
cannot exceed thirty inches (30") in height or be less than fifty percent (50%)
open.
(1) The parking area shall not have a grass surface.
(2) Parking stops or other devices allowing snowfall maintenance must be
placed in the parking area to prevent damage to the fence by vehicles.
(3) Provisions must be made for the collection of trash as per City ordinance.
(4) The minimum width of the parking area shall be fifty feet (50').
b . Parking Area, Surface (TSA District Only). Surface parking areas,
noncommercial and accessory to a principal use, are allowed subject to the
following additional conditions:
( 1) General. Such surface parking area shall be maintained as long as the
principal permitted use is maintained, or until alternative parking is provided
for such principal use.
(2) Location.
(a) An accessory surface parking area may be located within six hundred
feet ( 600') of the lot containing the principal use, either within the TSA
district or within a zone district that permits noncommercial parking lots,
subject to a City-approved alternative p~king plan and pursuant to the
Station Area Standards and Guidelines, as applicable.
c . Remote Parking Areas. Pursuant to Section 16-6-4 EMC, required parking may
be provided as an accessory use within four hundred feet ( 400} of the principal
use, either within the same district or within a district that permits
noncommercial parking lots. Such parking lots must be maintained as long as the
principal permitted use is maintained, or alternate parking provided. Approval of
an alternative parking plan is required (administrative process), pursuant to
Section 16-6-4.D EMC . Such lots shall be paved, shall require a building permit,
and shall be subject to the landscaping requirements of Section 16-6-7 .M EMC .
3. Satellite Dish Antenna .
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a. Small Satellite Dish Antennas. Satellite dish antennas of one (1) meter or less in
diameter are permitted accessory uses in all residential and nonresidential zoning
districts. Such dishes shall not be located within the public right-of-way.
b. Large Satellite Dish Antennas.
(1) Satellite dish antennas measuring one (1) meter or more are permitted
accessory uses in all zoning districts. Any roof-mounted dishes shall submit
an engineer's certificate to the City. Such dishes shall not be located within
the public right-of-way.
(2) Ai; applied only to large satellite dish antennas accessory to a principal
residential use, to the maximum extent feasible, but only where there is no
substantial impairment to acceptable signal quality, such antennas shall:
(a) Be located in the rear yard of the residential use; and
(b) Be screened from view from adjacent public rights-of-way; and
( c) Be of a color harmonious with their surroundings. There shall be no
advertising in words or pictures, other than the manufacturer's name in ·
small letters.
4. Service Unit or Facility. Service units or facilities shall be allowed as accessory uses
in the MU-R-3-B district. Such uses include, but are not limited to, barber or beauty
shops, gift shops, coffee shops, and dining facilities for the convenience of the
tenants. Such uses shall comply with underlying zone district requirements,
including the dimensional requirements set forth in Section 16-6-1 EMC.
5 . Swimming Pool. Swimming pools are allowed as accessory uses in all districts. See
Title 8 EMC .
6. Wholesale Sales and Distribution. Wholesale sales and distribution shall be allowed
as an accessory use in MU-B-1 and MU-B-2 districts provided the principal use
maintains an active retail license and is open to the public for retail trade.
D. Prohibited Accessory Uses.
1. Prohibited in All Zoning Districts. The following activities shall not be regarded as
accessory to a principal use on any site and are prohibited in all zoning districts:
a. Use of Travel Trailer or Recreational Vehicle (RV) as a Residence. The use of a
travel trailer as a residence, permanent or temporary, with the exception of a trailer
approved as a temporary use for security under Section 16-5-5 EMC, shall be
prohibited in all zoning districts.
b. Use of Motor Vehicle or Trailer for Sales, Service, Storage, or Other Business. The
use of any motor vehicle, trailer, mini-mobile storage container, or shipping
container as a structure in which, out of which, or from which any goods are sold or
stored, any services performed, or other businesses conducted, shall be prohibited in
all zoning districts. However, this subsection shall not prohibit the following:
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(1) The sale of goods or merchandise at a City-approved or sponsored event; or
(2) Use of a motor vehicle, trailer, or shipping or storage container in connection
with an approved recycling operation; or
(3) Use of a trailer or shipping or storage container in conjunction with
construction authorized by a valid building permit; or
(4) Use of a trailer, shipping, or storage container for the temporary loading and
unloading of goods, provided that no individual trailer or container is in place
longer than forty-eight ( 48) hours.
2. Prohibited in Residential Zoning Districts. The following activities shall not be regarded
as accessory to a residential principal use and are prohibited in all residential (R)
districts:
a. Automotive Repair. Automotive repair, including engine, body, or other repair or
repainting of more than one ( 1) vehicle at any one time owned by a person not
residing at that address, regardless of whether compensation was paid for the service.
b . Outdoor Storage of Inoperative Vehicles. The outdoor storage of inoperable vehicles
shall comply with Title 15 EMC.
c. Parking of Commercial Vehicles .
(1) No commercial vehicle shall be stored on public property or in the public right-
of-way.
[EDITORS NOTE: Parking on private property issues were passed by initiative Ballot Question
20 on November 1, 2011 and can only be revised, repealed, or amended by electoral vote.
(Englewood Home Rule Charter Article VI, Section 48.]
Section 4. The City Council of the City of Englewood, Colorado hereby authorizes amending
Title 16, Chapter 11, Section 2, Subsection B, entitled "Definition of Words, Terms, and
Phrases" of the Englewood Municipal Code 2000, to read as follows:
Home Occupation: Any use conducted entirely within a dwelling or accessory structure and
carried on by the occupants thereof, which is clearly iBeieeRtal aae secondary to the primary use
of the dwelling for dwelling purposes and does not change the character thereof. Such uses must
meet all conditions and requirements for the particular zone in which such use is located.
[EDITORS NOTE: The remaining definitions contain no changes and are therefore not
included here]
Section 3. Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it is
promulgated for the health, safety, and welfare of the public, and that this Ordinance is necessary
for the preservation of health and safety and for the protection of public convenience and
welfare. The City Council further determines that the Ordinance bears a rational relation to the
proper legislative object sought to be obtained .
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Section 4. Severability. If any clause, sentence, paragraph, or part ofthis Ordinance or the
application thereof to any person or circumstances shall for any reason be adjudged by a court of
competent jurisdiction invalid, such judgment shall not affect, impair or invalidate the remainder
of this Ordinance or it application to other persons or circumstances.
Section 5. Inconsistent Ordinances. All other Ordinances or portions thereof inconsistent or
conflicting with this Ordinance or any portion hereof are hereby repealed to the extent of such
inconsistency or conflict.
Section 6. Effect of repeal or modification. The repeal or modification of any provision of
the Code of the City of Englewood by this Ordinance shall not release, extinguish, alter, modify,
or change in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which
shall have been incurred under such provision, and each provision shall be treated and held as
still remaining in force for the purposes of sustaining any and all proper actions, suits,
proceedings, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well
as for the purpose of sustaining any judgment, decree, or order which can or may be rendered,
entered, or made in such actions, suits, proceedings, or prosecutions.
Section 7. Penalty. The Penalty Provision of Section 1-4-1 EMC shall apply to each and
every violation of this Ordinance.
Introduced on first reading on the 18th day of November, 2013 and tabled.
Introduced, read in full, and passed on first reading on the 21st day of January, 2014.
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Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of •
January, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of
January, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATTEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 21st day of January, 2014.
Loucrishia A. Ellis
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ORDINANCE NO.
SERIES OF 2014
BY AUTHORITY
COUNCIL BILL NO. 6
INTRODUCED BY COUNCIL
MEMBER ------
A BILL FOR
AN ORDINANCE AMENDING THE RULES OF ORDER AND PROCEDURE
FOR THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO SECTION VI,
DUTIES AND PRNILEGES OF COUNCIL MEMBERS, SUBSECTION H-VOTING.
WHEREAS, Section 27 of the Englewood Home Rule Charter provides that City Council
shall by ordinance prescribe procedure governing meetings; and
WHEREAS, by the passage of Resolution No. 66, Series of 1990, the Englewood City
Council adopted Rules of Order and Procedure for the City Council of the City of Englewood,
Colorado; and
WHEREAS, by the passage of Ordinance No. 1, Series of 1995, the City Council amended the
Rules of Order and Procedure for the City Council of the City of Englewood, Colorado to
streamline the meeting process while maintaining public input; and
WHEREAS, by the passage of Ordinance No. 36, Series of 2004 the City Council amended
the Rules of Order and Procedure for the City Council of the City of Englewood, Colorado
pertaining to the public comment; and
WHEREAS, the passage of this Ordinance amends the Rules of Order and Procedure for the
City Council of the City of Englewood by amending Section VI, Subsection H, pertaining to
abstentions; and
WHEREAS, the Englewood Home Rule Charter was modified in 1997 removing Councils
authority to remove a member for misconduct, making language in the current policy without
legal consequence. -
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section 1. The City Council of the City of Englewood, Colorado hereby approves amending
the Rules of Order and Procedure for the Englewood City Council of the City of Englewood,
Colorado Section VI, Subsection H, to read as follows:
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RULES OF ORDER AND PROCEDURE
FOR THE ENGLEWOOD CITY COUNCIL
VI. Duties and Privileges of Council Members
H. Voting
A vote shall be taken by recording "Aye" and "Nay" votes by use of voting lights, with
the "Aye" and "Nay" being read into the permanent record by the City Clerk or a
deputy. A vote shall be taken upon the passage of all ordinances and resolutions, on
the appointment of any officer, on all motions concerning the expenditures of funds,
and entered in the minutes .ofthe City Council proceedings. Every ordinance shall
require the affirmative vote of the majority of all members of the City Council for
passage. No member of the City Council shall vote on any question in which he/she
has a financial interest other than the common public interest or on any question
concerning his/her own conduct but on all other questions each member who is present
shall vote unless excused by the unanimous consent of the remaining members present.
1'\ay memeer refusmg te Yete eKeept ·.vfieB Bet se reEj:l:lii'eci ey this 13aragra13h shall ee
gl:lilty efmiseeBcil:let in effiee. Application to be excused from voting must be made
before the votes are called for. The member having briefly stated the reason for his/her
request, the decision thereon shall be made without debate.
Introduced, read in full, and passed on first reading on the 21st day of January, 2014.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 24th day of
January, 2014.
Published as a Bill for an Ordinance on the City's official website beginning on the 22nd day of
January, 2014 for thirty (30) days.
Randy P. Penn, Mayor
ATIEST:
Loucrishia A. Ellis, City Clerk
I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on
first reading on the 21st day of January, 2014 .
Loucrishia A. Ellis
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