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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 JAME-5 .::J 0/2 /J lfA/ tI;I I 1 A---1 1 January 21, 2014 ADDRESS INUIES [TOPIC } • • • 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 • • • 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 • • • 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 • • • • • 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. • 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 2 • • • • 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 3 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 ~i(·!:t~;~:::!~~s~~.1.:~J~~~r~:f:.~:z~~'.:\~~·::I3f.:~.~;~.~lj~::;f~:~t;ftt~~t~~;I>~~~·:,:':;.:;:~···<·~\~~f;~;.::;:~:~CTI~~'.;:· 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 • • • • 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, • • • 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 • • • • • • 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. • 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 . • (~ ~ CHll\PlllC SCA l ,1-~ ·~~'-"-~~·----T ( .. IUI) I.,.,~• H ll r-•-.. ,. •. .,.,,...,, ~~~-~-·~~~~--~~~- • ALTA/ACSM LAND TITLE SURVEY ltWf .:~: U»Jn••u "' =~~--.--~ II.ft WO\( 101 .,,,,,,. lf>on Ill J" UU Of U O('(l .1: /' v' o/' tlll((1101Mlu-•Hf1/P••et.l _.,/"'··;~~1 .. 11 lO) !.<Jr.ATl-,'/J IN Tiff: NORT//WF.'ST QUARTfo.'11 CJF' S F.'C1'/0N 2 0. TO IYNSHIF' ;, S OUTI/, h:A/{(;/:.' 6H W/•.'ST OF '/'/IE fiTI/ P. 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' ; . ,-, . ·, ~ .~· ~ .. : ..... '" ~'.l~i~[~,Dlf -, .. (/) (/) ·i < U> 5· _.,, ~ t (I) §_ ',o 1 ... en @ . - I :'.;}!j~~::,~.::. ,, . , .. : ·. ·~ . . . . ,,, .. , ''"'·1'1' I .... ' · .. · r:• .. 't •:f~;! .... ' ~. <" ; -' ,. . . • (,:) j~-1·} ~ '·. .( ~. ',,.: ,; ~). u ""·-· _,_,1,.., ........ ·I 1. • ·CIJ' Q. ~ «I 0: rn STAC \'1.i • • • 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 T 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 Page 4 of6 1300 Broadway, Suite 1101 • Denver, CO 80203 • Ph: 720-409-5634 • Fax: 720-409-5642 • sipa@cosipa.gov • • • • 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 • • • 12118113 • • • 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. • • • f2/18/13 • • • 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 . • • • 12/18113 • • • 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 Google Drive Report Abuse -Terms of Serv ice ·Add itional Terms • • • 12118113 • • • 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 Powered by Google Drive lr1is fo r m was created inside of Co s ipa.gov. Report Abuse -Terrrs of Serv ice -A dd it ional Terrrs 12/18113 2013 SIPA Micro-Grant Application 2013 SIPA Micro-Grant Application *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 Po wered by Google Drive 111is form was 1;reate d insid n o f Cosi p;oi .nov. Report Abuse -Terms of Service -Additional Terrrs • • • ~2/18113 • • • 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 0 No Fb1N ered by GoogJe Drive ·n1is f ormw as created insitie of Cosipa.gov. Report Abuse -Terms of Service -Additional Terms • 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 • • • 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 • • • • 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 ..... • • • • 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 • • • • • • 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 • • • • • • 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 • • Page2of3 • • • 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." 1 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: • \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. 2 • • • • 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." 3 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 4 • • • • • • 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 . 1 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. 2 • • • • • • 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 . 3 !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. 4 • • • • • • 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 . 5 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: 6 • • • • • • (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 . 7 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. • 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 8 • • • • 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: 1 12 b i 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 2 • • •