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HomeMy WebLinkAbout2014-02-18 (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, February 18, 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 February 3, 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. Jason Clark, Water Production Supervisor will be present to address City Council regarding the dedication of the Ultraviolet Disinfection System at the Allen Plant to the late Joe Pershin, former Water Production Administrator at the Plant. 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. 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 February 18, 2014 Page 2 8. Communications, Proclamations, and Appointments . a. A proclamation declaring the month of February as African American History Month. 9. Consent Agenda Items a. Approval of Ordinances on First Reading. i. Council Bill No. 8 -Recommendation from the Police Department to adopt a bill for an ordinance approving a memorandum of understanding with the East Metro Auto Theft Team authorizing Englewood's participation in a multi-agency law enforcement task force. Staff Source: Jeff Sanchez, Deputy Chief of Police. ii . Council Bill No. 9 -Recommendation from the Police Department to adopt a bill for an ordinance authorizing the application for, and acceptance of, Victim Assistance Law Enforcement (VALE) grant funding for 2014 in the amount of $19,435.82. Staff Source: Jeff Sanchez, Deputy Chief of Police. iii. Council Bill No.10 -Recommendation from the Police Department to adopt a bill for an ordinance approving the acceptance of funds from the U .S. Department of Justice - Office of Justice Programs -Bulletproof Vest Partnership/Body Armor Safety Initiative to assist Police Department in the purchase of bulletproof vests. Staff Source: Jeff Sanchez, Deputy Chief of Police. b. Approval of Ordinances on Second Reading. i. Council Bill No. 7, approving an Intergovernmental Agreement entitled "Federal Equitable Sharing Agreement and Certification" authorizing the acceptance of forfeiture monies from the Department of Justice and the Department of the Treasury. c. Resolutions and Motions. 10. Public Hearing Items. a. Continued from February 3, 2014: A public hearing to gather input on Council Bill No. 60, authorizing amendments to Title 16: Unified Development Code regarding Home Occupations. 11. Ordinances, Resolutions and Motions a. Approval of Ordinances on First Reading. b. Approval of Ordinances on Second Reading. Please note : If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least48 hours in advance of when services are needed. ... Englewood City Council Agenda February 18, 2014 Page 3 c. Resolutions and Motions . i. Recommendation from the Finance and Administrative Services Department to approve a resolution authorizing a transfer and supplemental appropriation of funds for Building System Replacements, Road and Bridge Repair, Permit Tracking System development, and a Solar Garden Project in the total amount of $567,000. Staff Source: Frank Gryglewicz, Director of Finance and Administrative Services. ii. Recommendation from the Public Works Department to approve, by motion, the purchase of an oil distributor for the Streets Division . Staff recommends awarding the contract to Macdonald Equipment Company, the lowest acceptable bidder, in the amount of $60,493. Staff Source: Brad Hagan, Streets Maintenance Manager and Pat White, FleetjServiCenter Manager. iii . Recommendation from the Public Works Department to approve, by motion , the purchase of a dump truck for the Streets Division . Staff recommends purchasing the vehicle through the state bid in the amount of $75,378 . Staff Source: Brad Hagan, Streets Maintenance Manager and Pat White, FleetjServiCenter Manager. 1 2. General Discussion . a. Mayor's Choice. b . Council Members' Choice. i. Registration for NLC Congressional Cities Conference in Washington, D.C. from March 8 to 10, 2014. 13 . City Manager's Report. 14. City Attorney's Report. a . City of Englewood and Colorado Intergovernmental Risk Sharing Agency v. Delvin Harrell and Industrial Claims Appeals Office. Supreme Court Case No: 2014SC123 1 5. Adjournment. Please note: If you have a disability and need auxiliary aids or services, please notify the City of Englewood (303-7 62-2405) at least 48 hours in advance of when services are needed. PUBLIC COMMENT ROSTER February 18, 2014 ADDRESS (' ~ [ )~ ..\,L.-.;:._~_:::~___:_;__~~~~~~~--L~~~---.,!--~~~-+- 44- -=-'~..-""-+-''-=-_;__"-,-----;:c-+-->'--o/'--l--.c.._f.~'-'-=-~---,--------'~--'--='--"~-=<-T- ~ -4---#-~~~~~~-Ll-~~~~d4~~;,L-f~~~--7'-­ ~~~~~'-----~~~-ilj • • PROCLAMATION WHEREAS, the national theme for National African American History Month 2014 is "Civil Rights in America"; and this year marks the 50th anniversary of the Civil Rights Act of 1964; and WHEREAS, our Nation has long been a beacon of liberty and opportunity-home to patriots who threw off an empire, refuge to multitudes who fled oppression and despair; and WHEREAS, yet we also remember that while many came to our shores to pursue their own measure of freedom, hundreds of thousands arrived in chains; and WHEREAS, through centuries of struggle, and through the toil of generations, African Americans have claimed rights long denied; and WHEREAS, during National African American History Month we honor the men and women at the heart of this journey -from engineers of the Underground Railroad to educators who answered a free people's call for a free mind, from patriots who proved that valor knows no color to demonstrators who gathered on the battlefields of justice and marched our Nation toward a brighter day; and WHEREAS, as we pay tribute to the heroes, sung and unsung, of African-American history, we recall the inner strength that sustained millions in bondage; their courage that led activists to defy lynch mobs and register their neighbors to vote and carry forward the unyielding hope that guided a movement as it bent the arc of the moral universe toward justice while seeking to dull the scars of slavery and legalized discrimination, we hold fast to the values gained through centuries of trial and suffering; and WHEREAS, every American can draw strength from the story of hard-won progress, which not only defines the African-American experience, but also lies at the heart of our Nation as a whole, affirming that freedom is a gift from God, but must be secured by His people here on earth; aspiring a new generation of leaders, and teaches us all that when we come together in common purpose, we can right the wrongs of history and make our world anew. NOW TIIEREFORE, I, Randy P. Penn, Mayor of the City of Englewood, Colorado, hereby proclaim February 2014, as: NATIONAL AFRICAN AMERICAN IDSTORY MONTH in the City of Englewood, Colorado. I call upon public officials, educators, librarians, and all the Englewood residents to observe this month with appropriate programs, ceremonies and activities. GIVEN under my hand and seal this 18th day of February, 2014. Randy P. Penn, Mayor • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 18, 2014 9 a i Memorandum of Understanding Initiated By: Police Department Staff Source: Jeff Sanchez, Deputy Chief of Police COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Englewood's participation in the East Metro Auto Theft Team (EMATT) was discussed as part of the 2014 City Budget Development process . At that time, the required Memorandum of Understanding had not been drafted. RECOMMENDED ACTION The Police Department is recommending that City Council approve a Bill for an Ordinance approving a Memorandum of Understanding between the Englewood Police Department and the East Metro Auto Theft Team authorizing Englewood's participation in a multi-agency law enforcement Task Force. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • Th e East Metro Auto Theft T earn (EMA TT) is a multi-agency law enforcement team that combines law enforcement resources in order to better identify, investigate, and prosecute perpetrators of motor vehicle theft and related criminal activity. One Investigator from Englewood Police will be assigned to this multi- • jurisdictional team to assist in criminal investigations of issues affecting not only Englewood but the entire eastern Denver metropolitan area . FINANCIAL IMPACT In 2014, the Police Department will assign one officer to the East Metro Auto Theft Team. This task force is funded through Colorado Auto Theft Prevention Authority (CATPA) and will pay the officer's salary, benefits and overtime. The estimated savings to the City is $90,000.00 for the year (2014). A current member of the Englewood Police will be assigned to this EMA TT T earn. LIST OF ATIACHMENTS Proposed Bill for an Ordinance • • • ORDINANCE NO. SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 8 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "EAST METRO AUTO THEFT TEAM (EMATT) MEMORANDUM OF UNDERSTANDING FOR PARTICIPATING AGENCIES" BETWEEN THE COLORADO STATE PATROL, THE COUNTIES OF ARAPAHOE AND DOUGLAS AND THE CITIES OF AURORA, COMMERCE CITY AND ENGLEWOOD TO COMBAT AUTO THEFTS AND VEHICLE INSURANCE FRAUD IN THE EAST METRO AREA. WHEREAS, the City Council of the City of Englewood authorized an Memorandum of Understanding with the Denver Metro Auto Theft Team (DMATT) by the passage of Ordinance No.32,Seriesof2009;and WHEREAS, the number of auto thefts throughout the East Metro area have increased significantly; and WHEREAS, it has been recognized that a large number of these thefts are committed by individuals or groups of individuals who are not restricted in any way to committing these offenses within the jurisdiction of a single agency; and WHEREAS, the East Metro Auto Theft Team (EMATT) is a multi-agency law enforcement team that combines law enforcement resources in order to better identify, investigate, and prosecute perpetrators of motor vehicle theft and related criminal activity; and WHEREAS, the purpose of the EMATT is to combat auto thefts and vehicle insurance fraud by sharing both personnel and capital resources and by talcing an organized approach to investigating these crimes; and WHEREAS, this Intergovernmental Agreement will formalize the relationship between the participating agencies of the EMA TT for policy guidance, planning, training, public relations and media relations in order to maximize inter-agency cooperation; and WHEREAS, each participating agency agrees that its law enforcement personnel and/or its equipment may be used in conducting overt and covert investigations involving organized or multiple motor vehicles thefts, chop shops and fencing of stolen motor vehicles and/or motor vehicles parts; and WHEREAS, one Investigator from Englewood Police Department will be assigned to this multi- jurisdictional team to assist in criminal investigations of issues effecting not only Englewood but the entire eastern Denver metropolitan area; and WHEREAS, the EMA IT is funded through Colorado Auto Theft Prevention Authority (CATP A), no federal funds are used; and WHEREAS this Intergovernmental Agreement provides for the sharing of services or functions by political subdivisions of the State of Colorado, specifically authorized by CRS 29-1-203 (204); NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Intergovernmental Agreement "Memorandum of Understanding" relating to the East Metro Auto Theft Team, attached hereto as Exhibit A, is hereby accepted and approved by the Englewood City Council. Section 2. The Chief of the Englewood Police Department is authorized to execute and attest said Agreement for and on behalf of the City of Englewood. Introduced, read in full, and passed on first reading on the 18th day of February, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of February, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of February, 2014 for thirty (30) days. Randy P. Penn, Mayor AITEST: 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 18th day of February, 2014. Loucrishia A. Ellis • • • • • • East Metro Auto Theft Team (EMATT) MEMORANDUM OF UNDERSTANDING FOR PARTICIPATING AGENCIES E .. x .. H ... , ' B . I T .. A East Metro Auto Theft Team (EMA TT) • MEMORANDUM OF UNDERSTANDING Statement of Purpose .......................................................................................................................... 3 Mission Statement ............................................................................................................................... 3 Policy Statement .................................................................................................................................. 3 EMA TI Board of Directors ............................................................................................................. 4 Project Director ................................................................................................................................... 4 EMA TI Supervisors .......................................................................................................................... 5 EMA TI Investigations ...................................................................................................................... 5 Intelligence/Staff Meetings ............................................................................................................... 6 EMA TI Facility Security ................................................................................................................... 6 Asset Forfeiture ................................................................................................................................... 6 Media Information Release Policy ............. : ...................................................................................... 7 Equipment and Vehicles .................................................................................................................... 7 Personnel .............................................................................................................................................. 8 • Salary/ Overtime Compensation ....................................................................................................... 8 Funding/Reimbursement ................................................................................................................... 8 Prosecution ........................................................................................................................................... 9 Deadly Force and Shooting Incident Policies .................................................................................. 9 Use of Informants ................................................................................................................................ 9 Liability ................................................................................................................................................ 10 Duration .............................................................................................................................................. 10 Conclusion .......................................................................................................................................... 11 Signatories ........................................................................................................................................... 12 2 • 12/19/2013 LHC • • • Statement of Purpose The purpose of this Memorandum of Understanding is to establish general guidelines for a multi-agency response to the ongoing problem of auto theft and auto theft related crimes. Auto theft is recognized as a multi-jurisdictional problem, and, therefore, a multi-jurisdictional approach focusing on complex auto theft and related crimes is the most appropriate response. Additionally, the memorandum memorializes the anticipated relationships between the participating agencies with regard to policy, planning, training, public and media relations and operational mandates in an effort to minimize confusion and maximize operational effectiveness. Mission Statement The East Metro Auto Theft Team is established in an effort to identify, investigate and prosecute perpetrators of motor vehicle theft and related crimes by means of cooperative engagement, use of available and emergfog technology, long-term investigation and critical analysis of complex organizations, and to provide an educational component to both law enforcement and the general public. Policy Statement Participating agency members agree that resources supplied by each agency are supplied in order to conduct criminal investigations involving auto theft and auto theft related crimes, including-but not limited to-motor vehicle theft, fraud, chop shops, and the illegal sales of stolen motor vehicles and motor vehicle parts. The East Metro Auto Theft Team Board of Directors shall adopt appropriate standard operating procedures (S.O.P.'s) for the group. The S.O.P.'s, and any updates thereto, shall be maintained by the board 'of Directors and in the office of the Project Director so that they are always available to the Participating Agencies. These S .O.P.'s are intended to provide guidelines to give proper guidance to Task Force operations. They are not intended to supersede any of the participating agencies own policies and procedures. These procedures are intended as guidelines and the Board of Directors may supersede any of the approved S.O.P.'s when, in the sound discretion of the board of Directors and at the request of the Project Director, investigative exigencies arise which require deviation there from. Changes to the S.O.P. 's shall require a majority vote of the Board of Directors to ratify the change. Any recommended changes to the standard operating procedures shall be forwarded through the chain of command and presented to the Board of Directors, if appropriate . 3 12/19/2013 LHC East Metro Auto Theft Team Board o(Directors The East Metro Auto Theft Team will have a Board of Directors. The Board of Directors will consist of a representative or designee from each agency participating in the East Metro Auto Theft Team. A participating agency is defined as any agency that has an individual assigned to the East Metro Auto Theft Team on a full-time basis . The Board of Directors will be responsible for the following: 1. The Board of Directors will address any issues of mutual concern to the participants of the East Metro Auto Theft Team. This may include budget matters, matters of policy and procedure and other matters. 2. The Board of Directors will meet quarterly to facilitate the accomplishment of East Metro Auto Theft Team goals and communicate on issues of mutual concern. The Project Director will brief the Board of Directors on relevant issues. 3. The Board of Directors will resolve any interagency conflicts that may arise during the operation of this project. 4. A majority of the entire Board shall constitute a quorum. The Board shall transact no business unless a quorum is present. In all matters requiring a vote of the Board of Directors, a simple majority of the quorum present shall prevail. In the case of a tie vote, the Project Director may cast a vote for the purpose of breaking the tie. 5. The Board of Directors will have the final determination on all matters that cannot be resolved by the Project Director. 6. The Board of Directors shall act as the Seizure Board for any monies seized by the East Metro Auto Theft Team. The Board of Directors shall make appropriate decisions regarding the expenditure or utilization of EMA TT seizure money. Project Director The East Metro Auto Theft Team will have a designated Project Director. The Project Director will be a command officer (Lieutenant or higher) from the Aurora Police Department selected by the Aurora Police Chief. The Project Director will oversee and coordinate the operation of the East Metro Auto Theft Team on a daily basis. The Project Director will manage all administrative and operational issues including, but not limited to, the budget, grants, personnel, 4 12/19/2013 LHC • • • • • • purchasing and other related issues. The Project Director will facilitate the flow of relevant information to the Board of Directors. East Metro Auto Theft Team Supervision At the outset, first line supervision of the East Metro Auto Theft Team will be conducted by an Aurora Police Sergeant. Additional first line supervision, if required by expansion of the team, will be decided by the Board of Directors. No more than one sergeant from any participating agency will be assigned to the team. Team supervisors are responsible for the day-to-day operations of the project. They are responsible for: supervising project participants, monitoring, directing, coordinating and planning of investigations, case management, personnel training and evaluation, and any other supervisory related function relevant to Team personnel or operations. They will report to the Project Director. Task Force supervisors will ensure that appropriate reports, forms and documentation will be completed in an accurate and timely fashion. Task Force supervisors and the Project Director will ensure that the policies and procedures adopted by the Board of Directors regarding the operation of East Metro Auto Theft Team will be adhered to by all participating members. · East Metro Auto Theft Team Investigations All investigations at East Metro Auto Theft Team will be coordinated through the Team Supervisor. Participants are strictly prohibited from conducting investigations without supervisory permission. The Project Director will appropriately forward case information to the Board of Directors during the quarterly Board of Directors meeting. All investigations shall be initiated and conducted pursuant to the adopted standard operating procedures of East Metro Auto Theft Team. When East Metro Auto Theft Team personnel engage in enforcement action(s), they will notify a supervisor or acting supervisor from that jurisdiction as soon as practicable unless release of that information would jeopardize the case. When a long-term case, as defined in the East Metro Auto Theft Team SOP, is initiated, the Team supervisor will attempt to assign an officer from the jurisdiction where the investigation is centered as lead case agent when practicable. Cases investigated by the EMA TT may be prosecuted at both the local and State level. The use of any and all methods of investigation including, but not limited to, search and arrest warrants, electronic surveillance and tracking, collection and storage of evidence, and interviewing of suspects, will be consistent with both established State Law and the policies and procedures of participating agencies. Evidence will be maintained and processed by the lead case agent's home agency established policies and procedures . 5 12/19/2013 LHC Intelligence/Staff Meetings Members assigned to the East Metro Auto Theft Team will participate in weekly staff meetings in order to facilitate coordination and communication of investigative information, to identify ongoing operations with which assistance may be needed, update ongoing operations with regard to progress, problems and potential for success, and to communicate issues or concerns identified by participant's home agencies. Personnel assigned to the EMA TT may utilize report forms and reporting formats required by their respective agency. For reasons of continuity and expedience, the EMATT may, however, develop certain forms to aid in arrest planning, surveillance activity, case tracking and related matters. An officer assigned to the EMATT will not be required to prepare or utilize a Team developed form, if such use is contrary to their agency's policies, practices, or regulations. All investigative intelligence and information developed within or generated by an agency remains the property of the agency from which it was obtained. Each participating agency will control the dissemination of their information in accordance with the law and that agency's established disclosure policies. EMAIT Facility Security The East Metro Auto Theft Team shall be housed in the Aurora Police Department District 1 station on the third floor. All participating officers assigned to the EMAIT shall be provided with a key card allowing access to secured district stations. All participating officers, while inside any Aurora Police secured facility, shall display credentials in plain view . Asset Forfeiture Participants agree that any and all assets forfeited and received by the East Metro Auto Theft Team will be handled in accordance with current state and federal asset forfeiture laws. Utilization of any proceeds will be for the furtherance of the EMA TT as deemed appropriate by a majority of the Board of Directors, and the Board of Directors shall act as the Seizure Board for EMATT. Under normal circumstances, Seizure Board business shall be conducted at the regularly scheduled Board of Directors quarterly meetings. EMATT will keep a record of any disbursement or expenditure of seizure monies. The Project Director is responsible for maintaining records of any seizures and/or disbursements, and these records will be made available to the Board of Directors at quarterly meetings or upon request. If the Project Director determines that there is an urgent need to expend seizure monies, he/she may contact members of the Board of Directors by phone or by email to receive approval. A permanent record of this communication shall be maintained with EMATT. 6 12/19/2013 LHC • • • • • • Media Information Release Policy Each participating agency at East Metro Auto Theft Team agrees to abide by the standard operating procedure regarding the release of information to the media. No member of the East Metro Auto Theft Team will release case information to the media without permission from the Project Director (or designee). The Project Director has primary responsibility for the release of EMA TT specific information to the news media and the general public through the Public Information Office of the involved jurisdiction and the Aurora Police Department. All requests for information made to individual agencies for EMATT specific information should be forwarded to the Project Director for review. Any incident or crime scene which results in news media attention will result in the Project Director or on-scene supervisor coordinating with the Public Information Officer for the affected/involved jurisdiction to ensure the appropriate and accurate release of information. Equipment and Vehicles Each participating agency is responsible for providing the necessary equipment and vehicle for their member(s) assigned to the East Metro Auto Theft Team. Each agency will be responsible for the security and inventory of its own equipment. Any equipment provided to the East Metro Auto Theft Team for use by the Team will remain the property of the contributing agency, which will be solely responsible for the maintenance, repair and security of said equipment. Equipment acquired and owned by the task force may be signed out to members of a participating agency on an as-needed basis. Each participating agency agrees to replace or repair East Metro Auto Theft Team equipment if said equipment is lost or damaged through negligence or carelessness while in their employee's possession or custody. Each participating agency agrees to provide their assigned personnel a vehicle for use while assigned to the Team. Absent specific direction, only personnel from the home vehicle agency are authorized to operate said vehicles. All vehicle expenses, including fuel and maintenance, remain the responsibility of the home agency. Normally only City of Aurora employees may operate vehicles that are owned or leased by the City of Aurora. Other Team members must receive specific direction from an Aurora Task Force supervisor prior to operating a vehicle owned or leased by the City of Aurora. Personnel Participating agencies assigning personnel to East Metro Auto Theft Team are asked to make that person available on a full-time basis. This will allow the EMATT to staff investigations in a predictable, efficient and effective manner . 7 12/19/2013 LHC Any officer assigned to the East Metro Auto Theft Team on a rotational basis primarily as an educational experience (not a full-time assigned position) for the officer will not be subject to reimbursement of EMA TT funded overtime. Any overtime worked by a temporarily assigned officer will be the responsibility of the officer's home agency. Each participating agency will maintain responsibility for the actions, both personal and professional, of its respective employees. Each participating member will be subject to the laws, regulations, policies, and personnel rules applicable to members of their respective agency. The EMA TT Project Director or supervisor shall notify a supervisor of the home agency of any participating officer of any complaint against a participating officer arising from any act or omission by a participating member in the course of duties associated with the EMA TT. The home agency of any participating officer shall have primary responsibility for the investigation and resolution of any complaints of an administrative nature against their officer. Allegations of criminal conduct by a participating officer(s) shall be investigated by the jurisdiction in which the alleged criminal behavior occurred. This does not preclude the participating officer's home agency from conducting their own investigation into any allegations of criminal behavior. Salarv/Overtime Compensation Unless otherwise agreed to in a separate agreement or Memorandum of Understanding, participating agencies agree to assume all personnel costs (subject to the reimbursement process outlined below) for their East Metro Auto Theft Team representatives, including salaries, overtime payments and fringe benefits consistent with their respective agency. Funding/Reimbursement Funding for all East Metro Auto Theft Team associated operating costs shall be provided through a grant award from the Colorado Auto Theft Prevention Authority. Each grant period runs for 12 months. The continuation of the East Metro Auto Theft Team funding is contingent upon the application for and award of necessary funding through the Colorado Auto Theft Prevention Authority at opening of the appropriate grant cycle. Pursuant to Colorado Auto Theft Prevention Authority (CATPA) funding availability and , grant approval, reimbursement to participating agencies through CATPA for approved personnel expenses (salary, benefits, and overtime) will be pursued consistent with the terms of the grant, provided that the expenses were incurred as a result of the employee's work on the East Metro Auto Theft Team. Any overtime accrued in excess of established grant limits will become the responsibility of the home agency. 8 12/19/2013 LHC • • • • • • Prosecution The primary case agent/detective, supervisor, appropriate city or district attorney and the office of the Colorado Attorney General will, on a case by case basis, determine the most appropriate jurisdiction into which a specific case will be filed. Determination will be made on the level of prosecution most likely to support a successful prosecution and support the mission of the East Metro Auto Theft Team. Nothing in the MOU precludes non-participating agencies from becoming the primary case filer with regard to investigations which do not, upon further investigation, require continued participation by the EMA TT for successful investigation and prosecution. Deadly Force and Shooting Incident Policies Members of the East Metro Auto Theft Team will follow their home agency's policies concerning firearms discharge and use of deadly force. This MOU recognizes that differing Agencies utilize different resources to investigate incidents of deadly and/or potentially deadly force . Any incident involving the use of deadly or potentially deadly force occurring within the course and scope of assigned duties shall be investigated under the authority of the jurisdiction within which the event occurred. Any internal investigation resulting from the use of deadly or potentially deadly force shall be conducted by the participating officer's home agency . The Project Director (or designee) shall immediately .be notified of any use of deadly or potentially deadly force, and shall notify the participating officer's home agency as soon as practicable. Use oflnformants The use of informants is recognized as a viable investigative tool. Informant handling and documenting will be completed in accordance with the primary officer's home agency guidelines. Additionally, all informants shall be documented in accordance with the City of Aurora policies and procedures for tracking purposes. No communication or documents will be prepared or disseminated outside the EMA TT that would identify or otherwise make known the identity of any EMA TT informant. If any information on a confidential informant (Cl) becomes the subject of a motion for discovery or court order in any court proceeding, all participating agencies agree that all agencies shall be notified by the Project Director (or designee) prior to the disclosure of informant information. liability 9 12/19/2013 LHC Participating agencies acknowledge that this MOU does not alter the applicable law governing civil liability, if any, arising from the conduct of personnel assigned to the East Metro Auto Theft Team. Participating members shall immediately notify a Team supervisor of any civil, administrative, or criminal claim, complaint, discovery request, or other request for information of which the agency receives notice, concerning or arising from the conduct of personnel assigned to the EMATT or otherwise relating to the EMATI. Upon receiving such notification, a Task Force supervisor will immediately make appropriate notification of the situation to the Project Director and any affected participating agencies. Any and all requests for legal representation resulting from conduct associated with the officer's official duties shall be handled in accordance with the requesting officer's home agency's policies and procedures. Any and all requests for legal representation resulting from conduct outside the normal scope of the officer's official duties shall be handled in accordance with the requesting officer's home agency's policies and procedures. Duranon The term of this MOU is for the duration of the East Metro Auto Theft Team's operations, contingent upon approval of necessary funding, but may be terminated at any time upon written mutual consent of the agency involved. Any participating agency may withdraw from the EMA TI at any time by written notification to the EMATT Project Director and the EMA TT Board of Directors Any equipment provided by the EMA TT to the exiting agency shall be returned to the EMA TT upon separation. Conclusion The Board of Directors may add or delete to this document as deemed necessary. Such addition or deletion shall be reduced to writing and approved by a majority of the Board of Directors. This document is intended to provide guidance to East Metro Auto Theft Team participants and will not supersede any agency's policies and procedures. The undersigned East Metro Auto Theft Team participant representatives are committed to the cooperative environment that must exist to ensure the success of this important endeavor. 10 12/19/2013 LHC • • • • • • Signatories The signature below indicates that the individual has received and read a copy of the East Metro Auto Theft Team Memorandum of Understanding and, as a representative of their agency, agrees to abide by the guidelines contained therein. Arapahoe County Sheriffs Office Aurora Police Department Colorado State Patrol Commerce City Police Department Troy Smith, Chief of Police Douglas County Sheriff's Office Englewood Police Department 11 12/19/2013 LHC COUNCIL COMMUNICATION • Date: Agenda Item: Subject: February 18, 2014 9 a ii 2014 Victim Assistance Law Enforcement Grant Initiated By: Staff Source: Police Department Jeff Sanchez, Deputy Chief of Police COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has previously approved Victim Assistance and Law Enforcement (VALE) grants from 1990- 2013 . RECOMMENDED ACTION The Police Department is recommending that City Council adopt a Bill for an Ordinance authorizing the Police Department to apply for and accept funding in the amount of $19,435 .82 from the 2014 VALE Grant. .BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • The VALE Grant finances approximately 40% of the salary for the Victim Witness Advocate position which is assigned to the Englewood Municipal Court. The Victim Witness Advocate provides services for victims of domestic violence. FINANCIAL IMPACT The VALE Grant will fund $19,435 .82 towards the Victim Advocate position. The funding for the VALE grant program comes from fees that are collected by courts in the 181h Judicial District. LIST OF ATTACHMENTS Proposed Bill for an Ordinance • ORDINANCE NO. SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 9 INTRODUCED BY COUNCIL MEMBER ------ A BILL FOR AN ORDINANCE AUTHORIZING THE APPLICATION FOR AND ACCEPTANCE OF A VICTIM ASSISTANCE LAW ENFORCEMENT (VALE) GRANT FROM THE VICTIM ASSISTANCE LAW ENFORCEMENT BOARD OF THE 18TH JUDICIAL DISTRICT. WHEREAS, the City of Englewood Police Department applied for funding under the VALE Grants Program to be used for funding the Victim/Witness Program in the Englewood Municipal Court; and WHEREAS, the Victim/Witness Program in the Englewood Municipal Court has served the victims of domestic violence since 1990; and WHEREAS, the Englewood City Council authorized the 2013 VALE Grant acceptance by the passage of Ordinance No. 19, 2013; and • WHEREAS, the staff seeks Council approval of an Ordinance authorizing the application and • if granted the acceptance of a 2014 VALE grant funding in the amount of $19,435 .82, for the period of July 1, 2014 to June 30, 2015 . 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 application for and acceptance of the VALE Grant and accompanying intergovernmental agreement, a copy of which is marked as "Exhibit A" and attached hereto. Section 2. The Mayor, the Chief of Police and the Director of Finance/ Administrative Services are hereby authorized to sign said VALE Grant and accompanying intergovernmental agreement on behalf of the City of Englewood. Section 3. The funds for the VALE grant come from fines assessed by the Colorado 18th Judicial District. No Federal funds will be used. Introduced, read in full, and passed on first reading on the 18th day of February, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of February, 2014 . Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of February, 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 18th day of February, 2014. Loucrishia A. Ellis • • • For Official Use Only: Date Received--------Application Number ___ _ VIS or UE Project Duration ___ to ___ _ Previously Funded Yes No All Materials Included Yes No ~ate of Board Review Approved __ Denied Award Amount __ _ ~ ***************************************************************************** VICTIM ASSISTANCE AND LAW ENFORCEMENT GRANT APPLICATION 18th Judicial District 6450 S Revere Pkwy Centennial, CO 80111 (720) 87 4-8608 tlassiter@da1a.state.co.us Please be advised that the board may revoke any contract/grant if used inappropriately. Application must be typed or printed in black ink. Applications must be copied on both sides (duplex). All application pages must be numbered. Please submit one original and eight copies of your application. Limit application to 12 pages Including cover sheet and signature page, but excluding attachments. Do not use a font any smaller than 12 point I. 11. • II. v. APPLICANT AGENCY Englewood Police Department PROJECT TITLE Victim/Witness Advocate Project Director Nancy Wenig Phone 303-762-2452 Address 3615 S. Elati St Fax 303-783-6902 Englewood. CO 80110 E-mail: nwenig@englewoodgov.org Web page http://www. englewoodgov .org/lndex.aspx?page=487 AMOUNTREQUESTED_.$~19~.4~3~5~.8~2"------------------------- NON-PROFIT STATUS: Yes x __ No In Progress Tax ID Number --------------- GOVERNMENT AGENCY: _x _YES NO V. REQUIRED ATTACHMENTS (Include with all copies): • A. Budgets 1. Agency Budget (Waived for governmental agencies) 2. Victim Assistance Program Budget 3. Itemized Project Budget (must include budget narrative) B. Copy of 501 (c) (3) IRS Tax Ruling (if applicable) C. Listing of Board of Directors and Key Officers D. Copy of current Financial Statement and Audit Report -(Waived for governmental agencies) (Attach to original copy only) E. Management Letter from Auditor -(Waived for governmental agencies) F. Random Sampling of Client Satisfaction Surveys G. If you are requesting a full or part-time position, you must attach your agency's classification of that position and job description H. Resume of program/project administrator APPLICATIONS RECEIVED AFTER THE DEADLINE WILL NOT BE CONSIDERED (10/2009) 1 e >< H I a I T A SECTION A: PROJECT CONCEPT/DESIGN 1.Description of the applicant agency: Englewood Police Department provides emergency response to crime and non-crime incidents within the City of Englewood as the primary law enforcement agency for the City. 2. Substantiate or quantify the problem your program is designed to address within this community, i.e. factually or with other supportive documentation. Englewood Victim Assistance provides the Victim/Witness Advocate to assist victims of domestic violence for the Englewood Municipal Court. This position is currently held by Nicole Maynard. 3. Description of the project, which would be funded by VALE, funds in the 18th Judicial District. (Be specific regarding what services VALE funds will provide to this community.) • The Victim/Witness Advocate for the Englewood Municipal Court will provide support for victims of domestic violence through the Court process. The position also ensures that victims are informed of their Rights under the Constitution and assists in providing those Rights. During the period from July 1, 2012 to June 30, 2013 there were 124 arraignments of domestic violence crimes in the Municipal Court. The Victim/Witness Advocate contacted 281 victims during that time and 95 were new victims. There were 526 contacts with victims at arraignments, penalty hearings, probation reviews, motions hearings, show cause hearings, and trials. Ms. Maynard also contacted. victims through telephone calls, ·personal appointments, and letters. These contacts were to answer questions, inform victims of their Rights, and to discuss needs. Ms. Maynard also counsels family members who come to Court with the victims. We expect the need for services to remain the same, or increase, for this upcoming Grant cycle. 4. A. Identify and describe the project's goals and objectives. Your objectives must be measurable and specific. • To provide a Victim/Witness position to ensure support for victims of domestic violence through the Court process according to the standards set forth in the Victim's Bill of Rights. • To ensure that victims in the Englewood Municipal Court are informed of their Rights under the Victim's Bill of Rights. • To provide follow-up with victims after Court. • To educate victims of the dynamics of domestic violence. • To provide referrals to appropriate community resources such as Victim Compensation, counseling, legal or financial assistance. • To maintain contact with agencies or individuals such as Victim Compensation, Interfaith Task Force , Human Services, shelters and therapists to maintain up-to-date resources available to the victim. • To work closely with the probation officer to be sure that the goals of therapy are being met and the needs of the victim are being considered. • 2 • (Section A question 4. A. continued) • To keep a client "check list" form for each domestic violence client served. This checklist will include referrals made, Victim Compensation application given, therapists suggested and restitution requests. • To maintain Court information, brochures and referral resources for clients from various ethnic backgrounds using translation and counseling services listed in our Resource Book. B. What is your timetable and work plan for accomplishing your objectives? Our timeline is ongoing. 5. A. Address what problems, if any, you anticipate in implementing the program/ project goals and objectives. Last year there was a change in procedure for the Municipal Court that made it difficult to receive timely and accurate information regarding hearings or probation appointments. Ms. Maynard has been extremely responsive to this dynamic and is maintaining a high level of victim contact despite the change. B. How do you plan to resolve these problems? Victim Assistance has an excellent working relationship with the Prosecutor's Office and the .ourt. Victim Assistance is part of a collaborative effort to solve the problem and represent victims in the solution. This includes constant conversations with all parties to ensure victims are being kept informed and considered in the solutions. • SECTION B: SERVICE INFORMATION 1.A. Define the population and geographic area targeted for services through this project. This program will be available to all victims of domestic violence who are victimized in Englewood and whose case is heard in the Englewood Municipal Court. B. If the project is not located entirely in the 18th Judicial District, what percentage of services would be for victims and witnesses in the 18th Judicial District? The project is located entirely in the 18th Judicial District. 3 2. A. Include a brief description of how the project strives to provide culturally competent services. Cultural competence is defined as a process in which an agency continuously strives to • achieve the ability to work effectively within the cultural context of an individual or community from a diverse culture/ethnic background. If the project does not now strive to offer culturally competent services, how will you do this in the coming grant period? Include cultural competency efforts in the goals and objectives in Section A, question 4. • We use the services of the Translation and Interpreting Center for translations in Court to include spoken languages as well as sign language. • The Court is equipped with a FM system for people who are Deaf or Hard of Hearing. • All of the Court information is translated into Spanish. We have a Spanish speaking translator for Court hearings which are scheduled once a month for all the Spanish speaking clients. These services are provided by Executive Languages. Ms. Maynard is currently revising the Spanish language information packet. · • We have available a list of agencies from many ethnic backgrounds and are constantly updating this list. Examples include: Asian Pacific Development Center, DOVE, CHAI, Servicios de la Raza, and Muslim Family Services. • We have packets designed specifically for the Gay, Lesbian, Bisexual, Transgendered, Queer population and the unique dynamics presented. • We have packets designed to address male victims. In addition to providing information in native languages, the program strives to provide culturally competent services by attending trainings and meetings to update the Advocates. Ms. Maynard • and Ms. Wenig have attended several trainings, provided by the Colorado Coalition Against Domestic Violence and the Colorado Organization for Victim Assistance, on culturally appropriate responses and interventions. Ms. Maynard and Ms . Wenig take advantage of training opportunities to further cultural competence and the conversation continues within the Victim Assistance Unit and the Department as a whole. This information is then incorporated into the packet for victims. 3. A. What number of people is in need of the services as proposed by this project? (Identify source of information). From July 1, 2012 to June 30, 2013, there were 95 new victims and 281 total victims served in the Municipal Court as documented by Court records. The Victim/Witness Advocate attempts to contact all those whose lives are impacted by domestic violence, identified by either offense reports or incident reports. During this time period, Ms. Maynard contacted 225 people affected by domestic violence outside of the Court process. These victims made contact with the Police Department and the incident did not rise to the level of an arrest; however, services were offered to these victims. Historically, these numbers remain similar and we anticipate the same level of need for the upcoming Grant cycle. 4 • B. What number of people are currently being served in the 18th Judicial District and how? .(Identify source of information.) Explain how you report client numbers and seNice numbers. • At present, there are approximately 255 domestic violence cases active in the Municipal Court and approximately 195 victims being served from 2013 and previous years. Each month, approximately 10 cases are finalized; hence, the number of active cases is constantly changing. Ms. Maynard keeps a written record of all client contacts. At any point during the case, a victim may require notification or intervention. There are approximately 15 to 20 new cases each month. C. What percent of the victims you seNe are monolingual Spanish speakers? There are approximately 2% monolingual Spanish speaking victims. One afternoon per month is designated as a Spanish-speaking docket. All of the Spanish-speaking domestic violence cases are set on this docket. The Victim/VVitness Advocate has access to an interpreter and is able to interview victims. D. How will your project diminish or eliminate any duplication of services? There are no similar services available through the Municipal Court. This program is designed to refer victims to agencies that are providing services outside of the scope of this program to avoid duplication of services. Each victim is matched with referral resources that meet her or his needs . E. How will you coordinate services with similar or like programs? The program is designed to refer victims to services that will respond to their specific needs. Through appropriate referral, each victim is matched with referral resources that meet her or his needs. Ms. Maynard continuously networks with other agencies and advocates in order to better coordinate services when needed. 4. Define the management plan for the program/project. Identify specifically who will: • be responsible for daily operations • be accountable for the expenditure of grant funds. • Include the resume of program/project administrator The Victim Services Coordinator, Nancy Wenig is the coordinator and supervisor of the project. The Victim/VVitness Advocate, Nicole Maynard, submits a daily record of court activity to Ms. Wenig which includes victim name, referrals made, victim compensation information, restitution requests, and any other pertinent information. Ms. Wenig is responsible for the expenditure of the grant funds under the supervision of the Chief of Police, John Collins, and the Director of Finance, Frank Gryglewicz . • 5 5. In compliance with the American Disability Act (ADA) on providing access, how does your agency provide accommodations for crime victims or victim service providers? • The Englewood Municipal Court is fully accessible to persons with disabilities. We collaborate with other service providers to address all areas of disability. SECTION C: EVALUATION INFORMATION 1. How will you evaluate whether or not this project has met its stated goals and objectives? Explain how you evaluate the following: • Process Evaluation -Did the program meet the project goals and objectives? • Outcome/Impact Evaluation -Did the program achieve the stated outcomes or behavioral changes? How did the delivery of services improve the life situation of your clients? • Overall agency success -How do you measure if your agency is "doing its job" well? Process Evaluation: The program will have met its goals and objectives by providing all victims with ongoing support during and after his/her Court appearance. The program will have provided all victims with information on their Rights. Outcome Evaluation: Our goal is to provide safety and support for victims of domestic violence as well as to educate victims of the Court process and services available. One measure of success is the rate of acceptance of Victim Compensation applications for counseling. In 2013, 76 victims contacted at arraignment took applications for Victim • Compensation. We constantly encourage victims to participate in counseling. We hope our efforts to encourage counseling for victims will help them recover. It is difficult to quantify this measure of success. It is noted; however, that many victims contact the Advocate months or years later when facing a separate life crisis. It is a measure of success that the victim feels safe contacting Ms. Maynard to receive counsel, advice, and knowledge of systems even after the case is final. Overall agency success: Our relationship with the City Attorney and Judge is excellent. The process with which victims move through the Court process is efficient and informative. Survey reports and follow up phone calls reflect a positive experience in the Court. Victims are encouraged to keep in contact with Ms. Maynard to work through any rough spots in their recovery. If a victim has a concern or complaint at any time during the process, it is immediately staffed between Ms. Maynard and Ms. Wenig. The concern is then addressed where the problem is concerned. This may be with Court, Prosecution, or Victim/Witness procedures and the solution is always victim-centered and allows the victim to have a voice in the process. 6 • SECTION D: CONSTITUTIONAL AMENDMENT 1. A. Define how this program/project will address the guidelines for assuring the rights of victims aand witnesses as outlined in the Victim Rights Act (Section 24-4.1-302.5 C.R.S.). List specific wservices to be provided. • • Each victim is given a brochure at the arraignment, which outlines Victim's Rights . These Rights are reviewed by the Victim/Witness Advocate periodically to determine the victim's comprehension of these Rights. • Victims are informed of each stage of his/her case. • No plea agreement is made with the defendant without consulting the victim . B. What services are you providing as outlined in the VALE statute (Section 24-4.2- 105C.R.S.). The legislative intent is to assure that all victims of and witnesses to crime are honored and protected by law enforcement agencies in a manner no less vigorous than the protection afforded criminal defendants. • The Victim/Witness Advocate ensures compliance with the guideline listed for assuring these Rights to victims of domestic violence in the Municipal Court. • Englewood Police Department has made a clear effort to provide victims with the services entitled to them by the Victim Bill of Rights. The Court program addresses all of these rights including: the right to be present and informed of critical stages in Court, to be heard at Court proceedings, and to confer with the prosecuting attorney prior to disposition . • The victim is asked if restitution is requested and is offered services such as financial or legal help, shelters, or Victim Compensation. • The Victim/Witness Advocate has a private office and waiting room at Court so that the victim is assured of safety and privacy before Court proceedings. 2. Does your agency have a statutory mandate to notify victims under the Victim Rights Amendment (VRA)? X_ Yes __ No If yes, please answer the following questions. • How do you presently notify victims of their rights under the VRA? A folder is provided to each victim at arraignment which contains No Contact Orders , literature on Domestic Violence, a Victim's Rights brochure, Victim Compensation application and the Victim/Witness Advocate's card . Ms. Maynard explains these Victim 's Rights to her/him at the arraignment and continues to keep the victim informed of changes in the status of the case, schedules and results of hearings, availability of property return and other information pertinent to the victim's case while the case is active in Court . Ms. Maynard makes these contacts in person, by phone, and by letter . 7 What is the approximate number of clients who receive notifications made by your agency each year? (N= #of clients) There were approximately 281 victims contacted from July 1, 2012 to June 30, 2013 .• These victims had cases in various stages of resolution, each needing information on the status of the case as well as other information pertinent to the victim's needs, e.g. property return, Victim Compensation information, etc. What is the approximate total number of notifications made by your agency each year? (N=# of total notifications) Each victim has on average 5 contacts with the VictimM'itness Advocate during the course of the case in Court. With approximately 124 new victims in this time period, this equals 620 contacts with victims in person, by phone, and by letter. Ms. Maynard also contacts victims who have made a police report that does not result in charges filed to assess safety, review Rights, and provide resources and support. These additional contacts are not reflected in these numbers. 3. Does your agency have a victim rights brochure that is distributed to victims? A Victim's Rights Brochure is attached. This is given to each victim at the time of arraignment or through a letter sent to the victim. We are in the process of updating the brochure. 4. Describe the training your agency provides to all staff and volunteers about informing. victims of their rights under the Colorado Constitution. Each volunteer and staff member has received the Colorado Guidelines for Assuring the Rights of Victims of and Witnesses to Crimes. The volunteers have discussed this report as well as the Victim's Rights Brochure at meetings and are instructed to give the brochure to victims when appropriate on calls and to answer any questions regarding these Rights. All Police and Fire personnel were trained on Victim Rights during the in-service academy in April 2013. Date of last training: ___ A_p __ ri ....... I 2 __ 0 __ 1 __ 3 _____ _ Training provide by: __ __..._N ...... a-.n .... c ...... v .... W ..... e .... n .... i .... Q __ _ What percent of your staff attended the above training? 100% 8 • 5. Are any of the services provided by your agency eligible for Crime Victim Compensation reimbursement? Yes x No Is so, list services: • Does your agency regularly conduct or receive Crime Victim Compensation training for direct services staff or volunteers? x Yes No Describe the training on victim compensation that has been provided to your staff and volunteers. Date of last training : __ _,N ...... o-...v'""'e"'"'m"""b'""'e ...... r =2~01 ...... 3..__ __ _ Training provide by: __ _.N ...... a ..... n ..... c .... v_W..........,e ...... n ..... ig ____ _ SECTION E: ADDITIONAL COMMENTS Nicole Maynard was hired as the Victim/Witness Advocate in May of 2008. Since that time, Ms. Maynard has immersed herself in the work of advocating against domestic violence. She has gained experience by attending various and multiple trainings throughout the State to maintain current best practices. This allows her to provide excellent advocacy to victims in court. Attached is a list of training for Ms. Maynard in 2013 . • • 9 SECTION F: BUDGET SUMMARY/FINANCIAL INFORMATION 1. Total amount of VALE funds requested: $ 19.435 .82 2 . Will the amount requested provide full funding for the project? __ Yes _x _No • If no , please identify other funding sources and amounts received within the past two years . Do not include other VALE funding. Please also include other pending grants. Source Date of Award Amount 3. Are you currently receiving VALE funding? _x_ Yes No If yes, please identify the Judicial District and the amount requested and received. Include current year funding from the 18th Judicial District. Date of Award District Amount Requested Amount Received July 1. 2013 18th $18,507.00 $18,507 .00 __ _ 4 . Will you be applying to other VALE Boards for funding? __ Yes __ x No If yes, please identify the Judicial District and the amount requested. Date of Request District Amount Requested 5. Does your agency receive victim assistance funding through the use of a municipal• surcharge? If yes, you must provide specific documentation outlining your agency's surcharge intake for the last two fiscal years and detailing how these funds were distributed. The program does not receive any funding through the use of a municipal surcharge. We are in a unique position within the State in that we have the only elected Municipal Judge ; Judge Vincent Atencio. We have approached Judge Atencio yearly to request a VALE surcharge to no avail. Judge Atencio will not add any surcharges to the fines no matter the case . 6 . If an increased amount of funding over this year's grant award is being requested, please provide written justification. Substantiate or quantify factually or with other supportive documentation. The amount we are requesting is an increase from previous Grant requests due to increased employee costs and a continued decline in revenues . 7. Anticipated client fees if any, from this project: $ NIA ____ _ 10 • 8. Describe the volunteer and/or in-kind services that will be used for this program/project. No volunteer hours contribute to this program . • 9. What percentage of your total budget is this request for VALE funds? Approximately 40% of the total budget would be VALE funded. 10. If this program/project is to continue beyond the initial funding period, please identify how the program/project will be funded in the future. Please be specific. The City of Englewood is committed to the VictimMlitness Program in the Municipal Court. The City is willing to provide the difference in the total cost of the program. The City of Englewood has been responsible in assuming their share of successful programs when it is financially able . • • 11 The applicant assures that the following signatories and all staff and volunteers assigned to this project have read and understand the rights afforded to crime victims pursuant to section 24-4.1-302.5 C.R.S. and the services delineated pursuant to sections 24-4.1-303 C.R.S. and 23-4.1-304 C.R.S. I hereby certify that the information contained herein is true and correct to the best of my knowledge and belief. Nancy Wenig Project Director Typed Name of Project Director Signature Project Director's Date Chief John Collins Agency Director Typed Name of Agency Director Signature, Agency Director Date Frank Gryglewicz Financial Officer Typed Name of Financial Officer Signature, Financial Officer Date Randy P Penn. Mayor Authorized Official Typed Name of Authorized Official Signature Authorized Official Date Project Director: The person who has direct responsibility for the implementation of the project. This person should combine knowledge and experience in the project area with ability to administer the project and supervise personnel. He/She shares responsibility with the Financial Officer for seeing that all expenditures are within the approved budget. This person will normally devote a major portion of his/her time to the project and is responsible for meeting all reporting requirements. The Project Director must be a person other than the Authorized Official of the Financial Officer. Agency Director: The executive director of the agency. This may in some agencies be the same person as the project director or authorized official. Financial Officer: The person who is responsible for all financial matters related to the program and who has responsibility for the accounting, management of funds, and verification of expenditures, audit information and financial reports. The person who actually prepares the financial reports may be under the supervision of the Financial Officer. The Financial Officer must be a person other than the Authorized Official or the Project Director. Authorized Official: The authorized official is the person who is, by virtue of such person's position, • • authorized to enter into contracts for the grant recipient. This could include: Mayor or City Manager, • Chairperson of the County Commissioners, District Attorney, President of Chairperson of the Board of Directors, Superintendent, or other Chief Executive Officer. 12 • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 18, 2014 9 a iii Bulletproof Vest Partnership - Intergovernmental Agreement Initiated By: Staff Source: Police Department Deputy Chief Jeff Sanchez COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has previously approved our participation in this program since 1999. RECOMMENDED ACTION The Police Department is recommending that City Council adopt a Bill for an Ordinance authorizing the Englewood Police Department to accept funding from the U.S. Department of Justice -Office of Justice Programs -Bulletproof Vest Partnership/ Body Armor Safety Initiative, which will assist the Police Department with the purchase of bulletproof vests . • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Bulletproof Vest Partnership Grant Act of 1998 is a U.S. Department of Justice initiative designed to provide a critical resource to State and local law enforcement. The U.S. Department of Justice will reimburse local law enforcement, including the Englewood Police Department, 50% of the department's cost to purchase bulletproof vests for its police officers. The Police Department currently pays up to $750 per vest. The U. S. Department of Justice has a "mandatory wear" policy which the department is in compliance with. FINANCIAL IMPACT This program will reimburse the Police Department 50% towards the cost of bulletproof vests that are purchased during the grant period of April 1, 2013 through August 31, 2015. The department has been awarded $6,752.90 for this grant period. The remainder of the cost will be paid for from the Police Department's 2013, 2014 and 2015 budgets. • LIST OF ATTACHMENTS Bulletproof Vest Partnership Information Bill for an Ordinance • • • OJP Bulletproof Vest Partnership and the Body Armor Safety Initiative: Home Page Page 1of3 U.S. 0CJJ3f/fllCnl O/ /US/ICC IJ!tice ot J1111s11ice 1P111g11an1Js Bulle !Ptool Vest P.111ne1s/Jip I Bodv Arnror Satetv Initiative _L Bulletproof Vest Partnership NOTICE -BVP FY 14 appllcatlons to open In early Aprll. Please ensure the contact Information Is up to date for your jurisdiction or law enforcement agency. ·--. The Bulletproof Vast Partnership :·-· 1 (BVP). created by the Bulletproof Vest . . Partnership Grant Act of 1998 Is a · , .. ' unique U.S. Department of JusUce ··--"·, Initiative designed to provide a crlllcal resource to state and local law enforc:emenl ONE MILLION BVP V!STS: Since 1999. the BVP program has reimbursed more than 13,000 Jurisdictions , a total of $277 million in federal funds for the purchase of over one rrill on vests (1 .084.081 as of October 17, 2012). BVP Is a critical resource for stale and local Jurisdlclions that saves lives. Based on data colleded and recorded by BJA staff. In FY 2012. protective vests were dlredly attributable to saving the lives of al least 33 law enforcement and corrections officers, In 20 different states. an Increase 13.7% over FY 2011 . Al least 13 of those life.saving vests had been purchased, In part. with BVP funds . Newz The Bureau of Justice Assistance Is pleased to announce the Fiscal Year 2013 BVP funds are ava~able for use. The FY 2013 award funds may be used for the latest National lnslllute of Justice (NIJ) compliant armored vests which are ordered on or after Aprll 1. 2013. The deadline to request payments from the FY 2013 award funds is August 31, 2015, or until al available 2013 awards funds have been requested. .. ..:(Body Armor Safety Initiative · · Body Annor Safety Initiative -An • Initiative of U.S. Department of Justice. ; In response to concems from the law ' enforcement community, the Department ·----of Justice (OOJ) announced an initlatlve to address the rellabUity of body armor used by law enforcement personnel and to examine the future of bullet-resistant technology and testing . As part of this initiative, the National Institute of Justice (NIJ) has examined Zylon®-based bullet-resistant vests (both new and used) and is reviewing the process by which bullet- resistant vests are certified. Current National Institute of Justice Body Armor Standard 0101.08 Body Armor Labels: When In Doubt .... Check It Out (Ciiek bera for addHlonal lnfonnatlon) NEW 1·23-14: NIJ Advisory Notice • AunorShleld USA, LLC Bamstie Body Armor Mo<lel GS3A06 NEW 10-24-13: NIJ Advisory Notice • Safarffand. LLC Mo!lels BA-2QQQS-HP02E and BA-20005-SXOl F • American Bodv Armor Models BA-2000S-HP02F and BA-2QQQS-SX01 E • Second Chance Models BA·2000S-HP02F Closed NIJ Advisory Notices and Safety The complete list of FY 2013 BVP awards can be Notices viewed~. Documentation Requirement: Grantees are required to keep documentation to support the BVP vest application and payment requests for at least a three year period. Other Federal Funds: Justice Assistance Grant (JAG) funds or other federal funding sources may not be used to pay for that portion of the bullet proof vest (50%) lhat Is not covered by BVP funds. JAG or other federal funds may be used to purchase vests for an agency, but they may not be used as the 50% match for BVP purposes. Notlce (updated 12105/2011)1 The BVP user login process was updated 11/22/2011. This update requires all existing users to register for a new BVP account and associate It with an existing agency before agency details ean be viewed. Previous N•tlonal Institute of Justice Body Armor Alerts 6-28-13: NtJ Advisory Notice • Safarj!and, model 2220-1 6-13-13: NIJ Advisory Notice • pacific Safely Products Inc. Banislic Body Armor Model 06UG2A8H 4-17-2013: NIJ Safety Notice • Point Blank Body A!mor, model CB·S2·Bll • Point Blank Body Armor. model CB·S3-BlllA-2 National Institute of Justice Body Armor Safety Initiative Website To register, please create a new user logln and Body Armor Safety Initiative Arch lye associate It with your current agency by providing your current account login and password. See the BVP Account Creation Checkl!st for an overview of the steps required, and the eyp user and ""All media contacts should be directed to the~ Agency Beplstmt!on Gulde for more detalls on Justice programs Office of Communications. this process • For questions regarding account migration, please do not hesitate to contact the BVP Help http://www.ojp.usdoj.gov/bvpbasi/ 1131/2014 OJP Bulletproof Vest Partnership and the Body Armor Safety Initiative: Home Page Desk at y11tsLltusdo!.goy or 1-877-758-3787. During this transition, the halpdask Is axparlanclng heavy call volume during peak hours. If you axparlanca Issues getting In contact with the halpdesk, please try again during off peak hours (before 10am, 12-1 pm, or after 5 pm EST). New: The Bureau of Justice Assistance Is pleased to announce the Fiscal Year 2011 BVP funds are available for use. The FY 2011 award funds may ba used for the latest National Institute of Justice (NIJ) compliant armored vasts which are ordered on or after Aprll 1, 2011. The deadline to request payments from the FY 2011 award funds Is August 31, 2013, or until all available 2011 awards funds have been requested. NEWI UPDATl!D Mandatory WHr FAQs Following two years of dacllnlng law enforcement officer Una-of-duty deaths, the country realized a dramatic 37 percent Increase In officer deaths In 201 o. Fifty-nine of the 160 officers killed In 201 O ware shot during violent encounters; a 20 percent Increase over 2009 numbers. The U.S. Department of Justice Is committed to Improving officer safety and has undertaken research to review and analyze violent encounters and law enforcement officer deaths and Injuries. Due to the Increase In the number of law enforcement officer deaths, coupled with our renewed efforts to Improve officer safety, beginning with FY 2011, In order to receive BVP funds, jurisdictions must certify, during the appllcatlon process, that all law enforcement agencies beneflttlng from the BVP Program have a written "mandatory wear" policy In effect. This policy must be In place for at least all uniformed officers before any FY 2011 funding can be used by the agency. There are no requirements regarding the nature of the policy other than It being a mandatory wear policy for all uniformed officers while on duty. BJA strongly encourages agencies to consult the International Association of Chiefs of Police's Model Policy on Body Annor and to strongly consider all recommendations within that policy. This policy change was announced In October 2010 by Attorney General Holder after consultlng with and receiving Input from the law enforcement community. The IACP has vary generously provided both Its Body Armor Model Polley and position paper to the BVP program. In order to obtain a copy of the Modal Polley and position paper, jurisdictions must be registered with the BVP program. To obtain a copy of the Model Polley, contact the BVP Customer Support Center at 1-Bn-758-3787 or email yests@usdol.goy. For addltlonal Information regarding this new BVP program requirement. cllck here. BVP 50% Match Waiver: Jurisdictions with 2009 and 2010 BVP award funds may request a flnanclal hardship waiver during the payment request process and receive up to 100•1. of the cost of each vast submitted for relmbursemenL Previously, a jurisdiction was only able to request up to 50°1. the cost of a vast with their available BVP funds. Jurisdictions requesting a waiver of the 50% match requirement may not use BVP funds toward the purchase of any vest with a total unit cost greater than $1,200; excludlng taxes, shipping and handllng fees (If anyl to maximize funding for all eligible jurisdictions. All standard BVP vast requirements apply to the eligible vast types. http://www.ojp.usdoj.gov/bvpbasi/ Page 2of3 • • • 1131/2014 • • • OJP Bulletproof Vest Partnership and the Body Armor Safety Initiative: Home Page Addltlonally, jurisdictions requesting a waiver have to meet criteria of nnanclal or natural disaster hardship. The jurisdictions have to cite the source of their financial hardship during the waiver request process. Jurisdictions will be expected to keep documentation substantiating the financial hardship for four years and realize the waiver requests are open to Bureau of Justice Assistance and Office of the Inspector General audits. Finally, all applicant jurisdictions, requesting a walv11r of the 50°.4 match, are required to certify that the jurisdiction's Chief Executive Officer formally accepts the request for the waiver and confirms the waiver justlflcatlon provided. The certlflcatlon must list the highest elected official from the requesting jurisdiction In order to be approved. Notice • Check Prior Year BVP Funds: Prior to completing an application for FY 2011 BVP funds, It Is strongly recommended that prior year participants log Into the BVP system and check for prior year BVP fund balances and the •c1e- obllgatlon date"/use expiration date for each year's funds. In some Instances the use of prior year funds had been extended. All "Requests for Payments" must be submitted to the BVP system on or before the "de·obllgatlon date" or the funds will be considered expired and will no longer be available. The complete list of FY 2010 BVP awards can be vlewedtmat. Historical BVP award lnfonnatlon for FY 1999 through the FY 2009 can be accessed !!m The complete list of FY 2012 BVP awards can be vlewedhtm. The complete list of FY 2011 BVP awards can be viewed I!!!!. Page 3of3 For Immediate assistance, please call us loll-free at 1-877-758-3787 . You may also reach us by email at vests@usdol.gov http://www.ojp.usdoj.gov/bvpbasi/ 1/31/2014 • • • Jurisdiction's Handbook 1. Registration Agency 1. l Information 1.2 Agency Contacts 2. Application 2.1 Applicatjon Profile 2.2 Manage Aoollcatlon 2.3 Review Appljcatjon 2.4 Sybmjt Application 3. Payment 3.1 Bank Information 3.2 Print Bank Form 3.3 l'.!'.Jaaag~ R~c;~112t~ 3.4 eavm~at B~aue5t 3.5 faym~nt Hi~tS2tv 4. Status 4.1 !;;;ur::~Dt StS!t!.!5 4.2 L~e Stsitu~ 4.3 A12121icatiga l:list!:!Cl 5. Personal Information 5.1 User frnfile 5.2 Change eassword ~,. ~ ~lf Loaout.; l . .. BVP HELP DESK (Toll-Free 1-877-758-3787) Page 1 of2 L.tNIJ Standards~GIQSSSjty~BVP Msiauals~ Section Application > Review Application > Applicati on Details Participant Fiscal Year Application Profile Number of Agencies Applied Total Number of Officers for Appllcatlon Number of Officers on Approved Sub-Applications Unspent BVP Fynds Remaining Unspent BVP Funds Obligated for Vest Purchases Sub-Application Profile Fiscal Year Vest Replsic;emeat Cyde Number of Officers Zylon Replacement Emernency Replacement Stolen or ~ Damaged Officer Turnover Application Details OMB #1121-0235 (Expires: 10/31/2006) ENGLEWOOD CITY 2013 0 72 72 $0.00 $0.00 2013 5 72 0 0 0 NIJ# Quantity Unit Extended Tax Shipping and Total Cost Price Cost Handling BA-20005-28 $650.00 $18,200.00 $0.00 $18,200.00 XT01 Grand 28 $18,200.00 $0.00 $18,200.00 Totals Award Summary for FY2013 Regular Fund Funds Type Eligible Award Date Status Amount Approved Regular Fund $18,200.00 $6,752.90 09/11/13 Grand Totals: $18,200.00 $6,752.90 Return Approved by BVP https://grants.ojp.usdoj.gov/bvp/vests/roles/jurisdiction/history/app _ details.jsp?LEA _ID=6. .. 1/31/2014 Jurisdiction's Handbook 1. Registration Agency 1. l Informatjon 1.2 Agency Contacts 2. Application 2.1 Application Profile 2.2 Manage Application 2.3 Review Application 2.4 Submjt Aoolication 3. Payment 3.1 Bank Information 3.2 Print Bank Form 3.3 Manage Receipts 3.4 Payment Request 3.5 Payment History 4. Status 4.1 Current Status 4.2 LEA Status 4.3 Application Historv 5. Personal Information 5.1 User Profile 5.2 Change Password ~LogoutVb BVP HELP DESK (Toll-Free 1-877-758-3787) Page 1of1 l{NIJ Standards~Glossary~BVP Manuals~ Section Status > Current Status > Jurisdiction Current Status OMS #1121-0235 (Expires: 10/31/2006} ENGLEWOOD CITY, CO This "Status" page shows any pending actions that must be completed prior to program deadlines. It also provides you with payment(s) status for tracking your requests for approved funds. -Red '#•s indicate your attention is needed in order to complete a task for action. Application Fiscal Year 2013 CURRENT ACTIVITY STATUS f/ Approved by BVP View Details AVAILABLE AWARDS Award Total Amount Total Paid Requests Eligible Expiration Balance Date $6, 752.90 $0.00 $0.00 $6,752.90 08/31/2015 https://grants.ojp.usdoj.gov/bvp/vests/roles/jurisdiction/status.jsp?level 1 =Status&level2z::C... 1/31/2014 • • • • • • ORDINANCE NO. SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 10 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE AUTHORIZING THE CITY OF ENGLEWOOD, COLORADO TO APPLY FOR AND ACCEPT FUNDING FROM THE U.S. DEPARTMENT OF JUSTICE -OFFICE OF JUSTICE PROGRAMS, FOR THE PURCHASE OF BULLET PROOF VESTS. WHEREAS, the Bullet Proof Vest Partnership Grant Act of 1998 is a U.S. Department of Justice initiative designed to provide a critical resource to state and local law enforcement; and WHEREAS, the U .S . Department of Justice will reimburse local law enforcement, including the Englewood Police Department, 50% of the department's investment in the purchase of bullet proof vests for its police officers; and WHEREAS, federal funds from the U.S. Department of Justice fund are used; and WHEREAS, the U.S. Department of Justice has mandated a "mandatory wear" policy to qualify for receiving the Grant and the Englewood Police Department is in compliance; and WHEREAS, the City Council of the City of Englewood, Colorado authorized application and acceptance of funds from the U.S. Department of Justice -Office of Justice Programs to assist the Englewood Police Department with the purchase of bullet proof vests by Ordinance No. 29, Series of 2011; and WHEREAS, the passage of this Ordinance authorizes the Englewood Police Department to apply for and accept funding from the U.S. Department of Justice -Office of Justice Programs, which will assist the Englewood Police Department with the purchase of bullet proof vests for this grant period of April 1, 2013 through August 31, 2015. 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 the application for and acceptance of a grant from the U.S. Department of Justice -Office of Justice Programs to assist the Englewood Police Department with the purchase of bullet proof vests for the grant period of April 1, 2013 through August 31, 2015 . Introduced, read in full, and passed on first reading on the 18th day of February, 2014 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 21st day of • February, 2014 . Published as a Bill for an Ordinance on the City's official website beginning on the 19th day of February, 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 18th day of February, 2014 . Loucrishia A. Ellis • • • • • ORDINANCE NO. SERIES OF 2014 BY AUTHORITY COUNCIL BILL NO. 7 INTRODUCED BY COUNCIL MEMBER OLSON AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED "EQUITABLE SHARING AGREEMENT AND CERTIFICATION" BETWEEN THE UNITED STATES DEPARTMENT OF JUSTICE, UNITED STATES DEPARTMENT OF TREASURY AND THE CITY OF ENGLEWOOD, COLORADO ACCEPTING FORFEITURE MONIES DURING FISCAL YEARS 2014, 2015, 2016 AND 2017 . WHEREAS, this Agreement sets forth the requirements for participation in the federal equitable sharing program and the restrictions upon the use of the federally forfeited cash, property, proceeds and any interest earned thereon, which are equitably shared with participating law enforcement agencies; and WHEREAS, Englewood periodically receives monies from the Justice Department and Treasury Department for participation or assistance provided to these agencies such as the Internal Revenue Service (IRS), Drug Enforcement Agency (DEA) and the Federal Bureau of Investigation (FBD; and WHEREAS, these funds are used for law-enforcement purposes, such as equipment purchases and training; and WHEREAS, to participate in the program, the City annually signs the Equitable Sharing Agreement and Certification; and WHEREAS, the City places this money into designated accounts and tracks deposits, expenditures and interest on these accounts; and WHEREAS, within 60 days of the City's fiscal year-end the Equitable Sharing Agreement and Certification is signed and submitted to the federal government certifying compliance with federal forfeiture guidelines; and WHEREAS, the Englewood City Council authorized an IGA for Federal Equitable Sharing Agreement and Certification" for the fiscal years of 2010, 2011, 2012 and 2013 by the passage of Ordinance No. 17, Series of 2012; and WHEREAS, authorization ofthis Agreement is required for the City of Englewood's continuation of participation in the United States Department of Justice Federal Equitable Sharing and Certification Program and will authorize the City's participation in this program for 2014, 2015, 2016 and 2017; and WHEREAS, federal funds are being used for these projects . 9 bi 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 "Equitable Sharing Agreement and Certification" between the United States Department of Justice, United States Department of Treasury and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property for 2014, which will be received in February 2015, attached hereto as "Exhibit A". Section 2 . The City Council of the City of Englewood, Colorado hereby authorizes the "Federal Equitable Sharing Agreement and Certification" between the United States Department of Justice, United States Department of Treasury and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property for 2015, which will be received in February 2016. Section 3. The City Council of the City of Englewood, Colorado hereby authorizes the "Federal Equitable Sharing Agreement and Certification" between the United States Department of Justice, United States Department of Treasury and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property for 2016, which will be received in February 2017. Section 4. The City Council of the City of Englewood, Colorado hereby authorizes the "Federal Equitable Sharing Agreement and Certification" between the United States Department of Justice, United States Department of Treasury and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property for 2017, which will be received in February 2018. Section 5. The federal forfeiture funds, proceeds and or property are received from the Department of Justice and Treasury Department. The federal forfeiture funds, proceeds and or property are to be used in accordance with federal statutes and guidelines. 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 6. The City Manager is hereby authorized to sign said Intergovernmental Agreement between the United States Department of Justice and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on behalf of the City of Englewood for 2014. Section 7. The City Manager is hereby authorized to sign said Intergovernmental Agreement between the United States Department of Justice and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on behalf of the City of Englewood for 2015. Section 8. The City Manager is hereby authorized to sign said Intergovernmental Agreement between the United States Department of Justice and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on behalf of the City of Englewood for 2016. • • • • • • Section 9 . The City Manager is hereby authorized to sign said Intergovernmental Agreement between the United States Department of Justice and the City of Englewood, Colorado pertaining to the disbursement, with restrictions, of federally seized or forfeited cash or other property, on behalf of the City of Englewood for 2017. Introduced, read in full, and passed on first reading on the 3rd day of February, 2014. Published by Title as a Bill for an Ordinance in the City's official newspaper on the 7th day of February, 2014. Published as a Bill for an Ordinance on the City's official website beginning on the 5th day of February, 2014 for thirty (30) days. Read by title and passed on final reading on the 18th day of February, 2014. Published by title in the City's official newspaper as Ordinance No. , Series of 2014, on the 21 51 day of February, 2014. - Published by title on the City's official website beginning on the 19th day of February, 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 of 2014 . Loucrishia A. Ellis • • • Equitable Sharing Agreement and Certification OMB Number 1123-0011 Expires 9-30-2014 O Police Department O Sheriff's Office O Task Force (Complete Table A) O Prosecutor's Office O National Guard Counterdrug Unit Q Other *Please fill each required field. Hover mouse over any fillable field for pop-up Instructions. * Agency Name: -------;:::=::::=::;::=:;;:::::=;:::::=;:=::;:::=:;:::::::;:=:=;-----------~ NCIC/ORl/Tracking Number: ~I ~~~--~~~~~ Mailing Address: ~-----------------------------~ City: State: Zip: ~-----------------~ ----------- Fin an c e Contact: First: Last: ~----------~ --------------- Phone: E-mail: --------------------------- Preparer: First: Last: ~----------~ --------------- D Sameas h il FinanceContact p one: E-ma' : -~~~~~ ~------------------ Independent Public Accountant: E-mail: ~------------------ Last FY End Date: Agency Current FY Budget: Q New Participant: Read the Equitable Sharing Agreement and sign the Affidavit. Q Existing Participant: Complete the Annual Certification Report, read the Equitable Sharing Agreement, and sign the Affidavit. Q Amended Form: Revise the Annual Certification Report, read the Equitable Sharing Agreement, and sign the Affidavit. Annual Certification Report Summary of Equitable Sharing Activity 1 Beginning Equitable Sharing Fund Balance (must match Ending Equitable Sharing Fund Balance from prior FY) 2 Federal Sharing Funds Received 3 Federal Sharing Funds Received from Other Law Enforcement Agencies and Task Forces (To populate, complete Table B) 4 Other Income 5 Interest Income Accrued Non-Interest Bearing 0 Interest Bearing 0 6 Total Equitable Sharing Funds (total of lines 1 -5) 7 Federal Sharing Funds Spent (total of lines a -m below) 8 Ending Balance (difference between line 7 and line 6) 1 Justice Agencies are: FBI, DEA, ATF, USPIS, USDA, DCIS, DSS, and FDA . 2 Treasury Agencies are: IRS, ICE, CBP, TTB, USSS, and USCG. Page 1of5 Justice Funds 1 $0.00 $0.00 $0.00 Treasury Funds 2 $0.00 $0.00 $0.00 October 2012 Version 2.1 I: x H I B I T A Summary of Shared Funds Spent a Total spent on salaries under permitted salary exceptions b Total spent on overtime c Total spent on informants, "buy money", and rewards d Total spent on travel and training e Total spent on communications and computers f Total spent on weapons and protective gear g Total spent on electronic surveillance equipment h Total spent on buildings and improvements Total transfers to other participating state and local law enforcement agencies (To populate, complete Table C) Total spent on other law enforcement expenses (To populate, complete Table D) k Total Expenditures in Support of Community-Based Programs (To populate, complete Table E) Total Windfall Transfers (To populate, complete Table F) Total spent on matching grants (To populate, complete m TableG) n Total Justice Funds Treasury Funds I ., ---- f\' ' ~ $0.00 $0.00 o Did your agency receive non-cash assets? Q Yes Q No If yes, complete Table H. Please fill out the following tables, if applicable. Table A: Members of Task Force Agency Name NCIC/ORl/Tracking Number Table B: Equitable Sharing Funds Received from other Agencies Transferring Agency Name, City, and State Justice Funds Treasury Funds Agency Name: I ID CJ NOC/ORI/Tracking Number: I I I I I I I I I I Table C: Equitable Sharing Funds Transferred to Other Agencies Receiving Agency Name, City, and State Justice Funds Treasury Funds Agency Name: I ID CJ NOC/ORI/Tracking Number: I I I I I I I I I I Page2 of 5 October 2012 Version 2.1 • • • Table D: Other Law Enforcement Expenses Description of Expense • Table E: Expenditures in Support of Community-Based Programs Recipient Table F: Windfall Transfers Recipient Table G: Matching Grants Matching Grant Name Table H: Other Non-Cash Assets Received • Source Description of Asset I Ju~lceQ I Treasury O Table I: Civil Rights Cases Name of Case Justice Funds Treasury Funds 11 Justice Funds ~ . . '. ' ----- Justice Funds Treasury Funds Ill Ill II Justice Funds Treasury Funds Ill Ill II Type of Discrimination Alleged D Race O Color D National ID G d Origin en er D Disability 0Age O Other Paperwork Reduction Act Notice • Under the Paperwork Reduction Act, a person is not required to respond to a collection of information unless it displays a valid OMB control number. We try to create accurate and easily understood forms that impose the least possible burden on you to complete. The estimated average time to complete this form is 30 minutes. If you have comments regarding the accuracy of this estimate, or suggestions for making this form simpler, please write to the Asset Forfeiture and Money Laundering Section, 1400 New York Avenue, N .W., Washington, DC 20005 . Page 3 ofS October 2012 Version 2.1 Equitable Sharing Agreement This Federal Equitable Sharing Agreement, entered into among (1) the Federal Government, (2) the above-stated law enforcement agency ("Agency"), and (3) the governing body, sets forth the requirements for participation in the federal Equitable Sharing Program and the restrictions upon the use of federally forfeited cash, property, proceeds, and any interest earned thereon, which are equitably shared with participating law enforcement agencies. By its signatures, the Agency agrees that it will be bound by the statutes and guidelines that regulate shared assets and the following requirements for participation in the federal Equitable Sharing Program. Receipt of the signed Equitable Sharing Agreement and Certification (this "Document'') is a prerequisite to receiving any equitably shared cash, property, or proceeds. 1. Submission. This Document must be submitted to aca.submit@usdoj.gov within 60 days of the end of the Agency's fiscal year. This Document must be submitted electronically with the Affidavit/Signature submitted by fax. This will constitute submission to the Department of Justice and the Department of the Treasury. 2. Signatories. This agreement must be signed by the head of the Agency and the head of the governing body. Examples of Agency heads include police chief, sheriff, director, commissioner, superintendent, administrator, chairperson, secretary, city attorney, county attorney, district attorney, prosecuting attorney, state attorney, commonwealth attorney, and attorney general. The governing body's head is the person who allocates funds or approves the budget for the Agency. Examples of governing body heads include city manager, mayor, city council chairperson, county executive, county council chairperson, director, secretary, administrator, commissioner, and governor. 3. Uses. Any shared asset shall be used for law enforcement purposes in accordance with the statutes and guidelines that govern the federal Equitable Sharing Program as set forth in the current edition of the Department of Justice's • Guide to Equitable Sharing for State and Local Law Enforcement (Justice Guide), and the Department of the Treasury's • Guide to Equitable Sharing for Foreign Countries and Federal, State, and Local Law Enforcement Agencies (Treasury Guide). 4. Transfers. Before the Agency transfers cash, property, or proceeds to other state or local law enforcement agencies, it must first verify with the Department of Justice or the Department of the Treasury, depending on the source of the funds, that the receiving agency is a current and compliant Equitable Sharing Program participant. 5. Internal Controls. The Agency agrees to account separately for federal equitable sharing funds received from the Department of Justice and the Department of the Treasury. Funds from state and local forfeitures and other sources must not be commingled with federal equitable sharing funds. The Agency shall establish a separate revenue account or accounting code for state, local, Department of Justice, and Department of the Treasury forfeiture funds. Interest income generated must be accounted for in the appropriate federal equitable sharing account. The Agency agrees that such accounting will be subject to the standard accounting requirements and practices employed for other public funds as supplemented by requirements set forth in the current edition of the Justice Guide and the Treasury Guide, including the requirement in the Justice Guide to maintain relevant documents and records for five years. The misuse or misapplication of shared resources or the supplantation of existing resources with shared assets is prohibited. Failure to comply with any provision of this agreement shall subject the recipient agency to the sanctions stipulated in the current edition of the Justice or Treasury Guides, depending on the source of the funds/property. 6. Audit Report. Audits will be conducted as provided by the Single Audit Act Amendments of 1996 and OMB Circular A-133. The Department of Justice and Department of the Treasury reserve the right to conduct periodic • random audits. Page4of5 October 2012 Version 2.1 Before you can print this forn1ltffdagittst correct the following •er,rors~ri(ei1 '; '~j i<.r;t1 I \ '.ii::: unJ~:.-rs i q r 1 ~~'(? U.! f!:: \J!? 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Tht;_£\9e11cv agn'e,"'l"ha i 1t ·,vili c ~;:;rJ~' with :ill E.A ;te~1 t • ,e ,e,..lj11.a1 "~-or.~ss ,JOI\\ tll:f!t (li"J,nance-:LO.Rta1 ~l:1 on !,pa9e,L t.•ia 1::un ,,_, enier (tlle l»llonie· rfltHf1>ef 1 fo irrit~e ·-r=iwan~~1to 'ntact 1 orf page 1. EM~if th@~-¥ft:~i:l (:atltl r~~S'f&""fth~ 1Yld~p:enttewt1PUblie 'At:taurtta nt Judgment or determination that the Agency disuimin;;i ted against any person m gmu p h1 On.,;p~g~ J~any of the federal c hli l dghts :;t.;:1tutes li5te:d <:~bove; QX (2 ) has the l\gency 12nte re<d Eriter ·~-tt@itA· :'~nicv~'S1 fi~t~-1~~Wf 1ehd:dafe1 ()~H f~~i~a. o::·m-t m •dd\im strat \11' i~'"l l!'llegi qg ,'P •t <h• fl.gen<y dffiscri~i ~'1 ted. ~t~{~rtE nv p(~f so n A gwup in 11 h;LJ.c;;a.t~ f1li J.,:J 'li t.;Q:tQ\3 J$1~Q-r9~ts NJi!Mt , .i.{>'''~'P~Jl , x1st1ng gency , .yJ~~~~~~~~~j~tWf 8~if ff~t1Hi1~~ii~n in the blue box on 5. You m wstr'Sntt!r the name of the Age11Ey"M -ead:ie~page 5. • You must enter the title of the Agency Head on page 5. You rthl;s f 'enter the e-mail address o'ftlll~Agency Head on page 5. You nilJs t enter the name of the Go~~1rning Body Head on page 5. ·y;i;,.,. Tir !1 '" You must enter the title of the Governing Body Head on page 5. You ~u st enter the e-mail address of 1 the Governing Body Head on page 5. Subscribe to Equitable Sharing Wire: The Equitable Sharing Wire is an electronic newsletter that !====================! gives you important, substantive, information regarding Equitable Sharing policies, practices, and procedures. Final Instructions: Step 1: Click to save for your records Step 2: Click to save in XML format Step 3: E-mail the XML file to aca.submit@usdoj.gov Step4: Fax THIS SIGNED PAGE ONLY to (202) 616-1344 FOR AGENCY USE ONLY Entered by ___ _ Entered on ___ _ o FYEnd: o NCIC: 0 1111111111 Date Printed: January 16, 2014 09:33 Agency: State: Finance Contact: Pages of s Phone: E-mail: October 2012 Version 2.1 City of Englewood AGENDA ITEM 10 (a) PUBLIC HEARING ROSTER DATE: February 18, 2014 A public hearing continued from February 3, 2014, to gather input on Council Bill No. 60, authorizing amendments to Title 16: Unified Development Code regarding Home Occupations. PLEASE PRINT NAME ADDRESS ~ !3(J.l:; A,1 / /(/17=/(' j?A-/ lU C1 c ~ ,RO N 6 c l<FA?S ;f't .:-A>w '""~'' ~"'K Qr1~ 5 f-A-Y~t-t tAt I --i.~~7h4:Ji '-{)~ ""'°-4 · L ~ llt?r- -'l ~ -'t i'~~.i::J.J 23:I1 e. EUJ--ro e~ d J 9 R £. Et..oYt/ /L ~ '2:2.3~ £. fkv~O PL ~Lf.~ '" 17' !:. . f'e.e,,.,~ ..,,.:,l.t,) tl-v-< a-,,,, ~vt• 1 Y2£o 5..~ 't,"1tf1<f f}// o 31 S:.. I I f s f .P't13 7 .~,' ~L.ARATIOU CF BUIWIOO AND USE RF.STRIC'l'IONS BIJOl(84 7 !..;:;:: 2, 5 KlfClof Ji.IL teN f!Y THESE PRF.SENTS: That tbe Undersigned, beill.; ::.c.-: -.:.: .. · cf ill the property am ilnd described :::: follows: ' HAMPDEN HILLS SECOMD FJLI:iG, ;:.:--:~~:. ~ t:;.roui;h ::!O; inclusive, accordinf; to the plat thereof '11"'. r~1e ;! ... ~ t;;f record in the office of the County Recc:rder of Ara-oahoe County~ Colorado, reception . : ; : ·:-. :: .:.-:.: number 516657, book Md page t-:-~ e::t~rad after designat:icnJ and desiring _ to establish the JU!ture of .. the -use am enjo1J119nt--of' said-·· --------. Ji~EN RILLS SECCIHD FILING, Blocks 8 through 10, inclusive, and "<>' --·-·--·· ------··------· -·---------- that nll conveyances of said liANH>EN HILLS SB;OND FILING, Blocks 13 through ;i.o, i.Dc1usive, shall be mede subjact to the folloving conditions, re::trictl.ons, and stipu.11.tti.O!ls. 1. A1l of the lots in s ait'. itA~lr:..~.ti !;'l.LS -SECam FILING shel.1 · .. · .. _.;:J:e . , ~--:. "'-~-;_~ 2. No structure shru.l. be erActeo., <>1.t'lrP-o, ·!)laced, Cl!." permitted . '-·-;.{Jl ----------·. .. ___ :___:::_ ..... ~~ ~:to re?Sin on imy lot in HAMPDBN ::!::LL:'.;·:;-~~~~ FIL~G, otl:er than one ~J~ detached single fBlllily dwellh!!: !'(II. io n':c"!ed twenty feet in height, • .f:'ji: . . . . : .·-. . ._ .~~~=-if and a private garage r~ riot Z<>l~ t~!!:: ~-~-.!>11"9, tven:o/ ~~_t _ in baight •. -:-:-:--:-7~~--~ - 3~ Ho st~~ ·or a tenipcm1ry-·cnaneter, trailer, besnnt, . . -_ ~'{~~~ . .. . ... ---~ tent, shack, garage, barn, ar acy ·oth~:--~building shal.l..be·used:;co------:·:-~::-:-~~~ ·.: . ·. . . . . _.. . . . : .. -·.. . . ·.·_-:.· .. ·. ·::: ~~~!. any lot at any tina as-a residance either temp;;ira..-i.cy:or perimmently.t .· _'.·;·;;.2~f€i =fil ,,..,,::=~::;;.:,::..:.:.Bi:::::;~; ...•. <~~"' ... \ .. ··: .. the .1ocatl.on. of the structure have been aitn"oved by . the architectural . . . . .. ---------._ -----------·---:-·--==:::---_,...-;. ....... _ .. control. comdttee -_as t.o quality of v0rlonanship and J1111teriiils, ban10n~.. · ····· · ·-;;·--::-:> _of external dedgn with exist.i.~ struct'.=e::, aJXl as to loc:iation V:lth respect to t.opogra~ and finish graae elevation. No fence or Vall · shall be erected; placed ar ai-=c:-od ..., -.=:y.-:~· nearer to any :street · I . . _t han the Jd.nilm.llR _building setbnci: li:Dt.. ;.,., fence must be of apprOV'ed ·. design~ no .higller than 42•. eooi<S47 P.l\~a \ 6 5. The nrchitecturo.l cont:::~!. comrrj_"':.~a is coml:>osed or T •. w. Anderzon, D. H. Cook and John S1.t1t"t"t"._. 101/) "!'ntterson Building, D~nver. Colorado. A majority er t:..? ;:;.:i111111ittee mey designate a re?resentetive to net for it. In the event of death ar ro::igna- tion of any member of the commit-tee, the ?"l'11'nin:l.ng mer.ibA!':< !!he11 bve full authority to designatt: <> successor. Neither the mmbers of the con:mittee, nor its de::ignn-1:-ed ·r<?:;:'!'esentative shall be entitled to any compensation for Dervices performed pursuant to this co•renant. At a.'1Y tir.ie, the then :;:·ecard Ollllers or a majority of lots shall have the power thraugh a duly recorded instrument reztore to the con:mittce any of its pow<:l':; ·and duties~·~~ ·-·-_~cc-. 6. The committee's approval a!' di"!approval as required in .· these covenant3 shall be in• writ.in;:. rn th~ -~erit the--comini tiee : .. ·---c •-· . .-.· -______ .. ·-·-·· or it:; deEigna.ted representative, fails oo appro!e or disapprove ------------- ui thin thirty days after plans and specifications . have been s~._ ..,-.' mitted to it, or in any event", if M suit ~ enjoin the construction . . . :-~:<~~·&~ ::n::~::: ::~•:: ::::~.:::·::·.:~·:.:~~~i~!~~f 7. No dwelling shall be per?!'itteci on eny·1ot ~t a :eost ·or ~_,:::·.~!:J:'.;&~i~ less than $10,000.00 based upon cost levcl:; prevailing 0n the: date -~.; :(k;~:~y . . . . .. -~ . ·-.:--· ·-~ · .. ,.· . ..---:.~~s-~f~-~ci~!J;.~~~;:~-~ thc~e covene.nts are recCll"ded; it beiJig the ilitention and_ jiUr_pOse ~.::>:·.;:~ ''.:·,;·~~ ·~{~ of the covenant to ae.sure the.t -~\~~e=~ l~5~;-~~~1 '.~~::';f;;;~~i.:i1;~;1i~~~f '· '-c and vorkl!lanship and materials substentially 'the same «r · oetter:~~thriii.:;~o;.c;·:~':. ::·:~::: :.~:: ·:r:: ;:·t:·:~:=.:±9'7~~;;;~~1( size. The ground floor area of the me.in stri1c-tur~, exclusive . o!, .-~ _::,;_:,;~_<zi'.5?. --_.:. --------------·---l · --~ -. :.~~ · ~.7.--:::-~~:.~·~-~-:·:'~·~;~~~\~~··Vi~;- one .. :.•::"toi-y .open porches and garag9~, s!:e.ll .b!i i..ot ie·ss than 1250 ... ;;:. ; ... ::::: ·"Y:\~. squere feet. s. Ho building shall be located on ~ lot five feet to the front lot lines~ ~ naa;;.r ::thBn "tv9l.ve feet to any aide street line. than five feet to tUl interior lot :line; nor I-- :~__:.:.. ____ - . -....... . ~ . ,.: : .:~ ....... shill re locater. on any interior lot nearer tii:!n t;.rer.ty...,!'ive feet to the renr lot ~.ine. For the pu!"~S'l ·of tr-1:> ::ovennnt, enves, steps, and open porches shall not be eonsidem'.:1 ru; 11 :;;art of a building, prc-.ridcd, hcr.rever, thnt this -shell not be eon:itr>.led to ~r!:lit any portion of e dwellinff c:=-h-.U.ltl!.-.;, un a lot to encroach upon anqther lot. 9. No noxious or offensive ectivity shtll be c~::-:'5-0 ~ on upon c:ny lot, nor shall anything be done thereon which may 'be or lllllY become an a.'1Iloymtc9 or nuisance to the neighborb~oo. 10. No animals, livestock, ~r poultl'.Y of any kind sl:a~-be ·-raised, bred or kept -on:· any · lot~ ·axci!pt-tl'W!t -clo~, ca.ts--ar other ------- -h~eh~ld _ ll_!.!~s . Jl!S.Y ~---~pt~ protj.cied t~t :th _ey a:r;-e not kept, bred or lil81ntained for _my ccrrrerc.lal purpose. -ll. All construction-on reside?ttia1 01:.i~_Cing lots shill be of =onry, masonry veneer, ·frame ar Yood,---ar. -eOJnbination -there.;. or, of approved size mid design. 12. No hos¢.tnl or s:mitarium shall be constructed or tiain- tained on any of ·said lots;. -and no bulldi.Jigs -used or occupied-for the care; 100.g:tng----or---eiitert"iirirnent-::or p;.e~~s: suffering t,..;,m disease shall be milL"ltained, lcep"l; !l:" j»rtdtted on any of said lots. J;t is expt_"essly -understood· 2!I?d : ag?i!ed-thnt eaid HAMPpEN - HILLS SECotm ?ILIHG h&s been platted end hld oUt as a choice end ----:--=aursetive--r,e::iderice:_di.strlet-; _-alxi -tl:!!t tt.t:;"'.cov.e~ts aD:I : restrictions are me.de for th! benefit of th~ l·"~ h::rci:l doscrlbad, ---viz: HAMB>I21 iilu.s Sl!l:GlID FILING, Blocks 8 thri:Jugh .i.O, -inclusi.ve,-:. -- . .. :. . and are to run Id.th the ltllld end shall iiisilre to the ·benefit o! ····.·.1· -+:.L:·~--:-·-_-:-----end---bu-binding ·on--:-a]i---parties -or :pet-e"Oiis· ~le4.,.:ng ~~ ~--~=-~. ·: ·:·:··, >·'. ·1.· -until March l~ 1984, at 'Which tiDll!_ such covena"lta and restrictions shall be autOllllltically . extennea for . s:iccessive perloos of ten -. y;;ars, _om:i.&G& by _a majoriti vote 0£ -t..'le th&n __ ind.iv1.duai pt'Oparly owners it is agreed to change the said coveri~s am -restrictions in whole or in part. . _ ·• .. ~ --- -. If' an,-person :ih::ll violate or nttempt to violate 11117 ot the cov~nantn or re~tricti.on.~ ~rein ter~re March 1, 1984, ar r.uch ... ,_Jle lnt<>.r ns my be set up by the previsions of th! ~a- :;rn.!)h ;ireceding this one, it ::;hell be lmd'ul for any otJier person or ~r::ions own1nc any other loi;i; in scl.d dCYelopnent er subdivision to proo'!Jcute any proceedings nt lo.v or in "!~ty ~oimrt the :ir.rson o::-per::on11 violetine or ni.temi-·:.:·.1g ·t.o violate 8D)' such COY'lnnnt:> or re::trictJ..ons and :-".t.'vlr t~ pr&-:ent him or thelll f'%'0lll ::o rloin::; or to recover .:5ru:o.n!ies for SU(;il viol.ntion. Should any or the covenants or restrkt.ions herein be held invalic1 or void,_ such· invelidity or voidance of msy covenant ar restriction shall not .affect th! rest 01 ..... -----------------'""--. - valid ccwenimt or restriction herein cont81ned. -----i:N WITdESS -ll!IEREOF, the ~~!"3!~~ to be exocutad in his name,_ this lst day ·of March, 195~ STATE OF COLORADO )• -) sa. City-run County-of Donver } .-.. . t:t" _c~ssion exp:ires J~~ ... .:: 15~ 1955_. _ \litness '1q Mod and o!f'icicl. l'"!ai • .. ·. .· .... ·.· .... · ... · .. -... · ,. ... -~ - RECORDED MARCH (1 1~ DOOK 8471 PACE 215 DECLARATION Of fJUILOING ANO USE RCS1RICT16flS Kt~~'-.~!: L ~fEN BY _l!i~!!E PR_E_SENT~-: ~ THAT THrlmoERSlGNCO, BEING TH:i: O'rlN(R Of ALL T~ f':roP[RTY ANO PR'EHl3ES SITUATE IN THE CITY Of ENGLEWCkJO, ARAPAHO£ COU"ITY: COLORAOO, ANO O[S{RIDCD AS fOllO\IS: HAHPDEtl HILLS SECONO flLING, OLOCKS B THROUl;H 10,U•CLUSIV£1 ACCORDING TO TH£ PLAT THERE- OF ON fl LE ANO Of Rf:CORO -,,. THE OfF ICE Of Tl;i[ CCVNTY . l;ECC~DtR OF ARAPAHOC COUNTY; COLO:uoo, RECEPTION NUHfl£R ~16057, DOO~ ANO PACE TO 0£ £NT(hE0 AfT(R OESIGMATION; /NO ~SIRl~'Q TO ES- TABLISH TH! NATURE OF THE USE ANO EN.JOHf!:NT or SAID Pl\MPCl(N HILLS ~ECONO flllP:G, DLOCl<S a THROUGH 1 O, INCLUSIVE, ANO THAT All CONVEY J\NC(S oir SAID HAH?Ol'.:N Ii 1 llS SECOND fl LI NG BLOCKS 8 THROUGH 10, INCLUSIVE, SHALL DE MADE SUBJECT TO . THE FOLLOIJINGCONOITIONS-;-RESTRICTl°'1S, ANO STIPULATIONS. . t. All OF THC LOTS. IN SAID HAHPOEN HILLS SECOND FILINQ SHAll BE l<NOWN ANO OE3CRIG£0 AS "R(SIOENTfAL BUILOINC lOT'J". 2. NO STRUCT•tAf ~HAU M £~CT£D, AtTfmf'. "'lACED. OR pt"nw1TT[D TO f:f'MAIN ON ANY tOT IN HAWoO(fl HILl:S ~fr.::J:-« r -, ~ .... ...,.., •H .... ~ -•·••H#C' ••..r.1r .... , • ""411 ,.,,,., ....,, ro CXC([O T'olENT .f f{ET -·,·N Hi:ICtlT, ANO .II PRIVAIE \ilAHA~l tU:'f N\JJ . MCnf. ln"'"' f"'-• ._Aft3., h"lNfr •tt• IN H£1Qf4T 3. NO 5Trn.JCTUR£ or " TOIPORARY CHARACTER, TRAIL(R, 8ASl1'!£NT, T[HT, SllACI<, GARAIJ€, 0.ARh, OR Arn OT~~ OVTBVILDING SH.All D! U!KO 0.. ANY LOT AT ANY TIH{ AS /1 A!Sl0£NC.[ CITHCR T£MPORAflllY OR PERHANCNTLY. . .. ~-NO fJUILDING SHAll B£ ERECTED, PLACED, OR AlTER£0 OH ANY (or UNTIL TH.! CONSTRUCTION PLANS AND SPECIFICATIONS ANO A PLAN 51-UJING THC"LOCATION OF THt: STRUCTURC.HAVE D£rn APPROVED BY THC ARCHITECTURAL CONTROL COMMITTEE AS 'ro QUALITY OF' WORKMANSHIP ANO MATERIALS, HARMONY OF EXTERNAL DESIGN WITH EXISTING STRUCTURCS, ANO AS TO LOCATION WITH RESP£CT TO TOPOCRAPHY ANO FINISH GRADE ELEVATION •. NO .fENCE OR WALL SHALL BE ERECTED, PLACED OR ALTER£0 OH ANY .LOT NEARER TO ANY STREET THAN THE MIHIHUM BUILOINC SETBACK LI~. ANY FENC~ HUST BE Of APPROVED DESIGN ANO NO HIGH£R THJiN 42". S. THE ARCHITECTURAL COtlTROL COMHITTEE IS COMPOSED OFT. w. ANOERSOH, O. W. COOi< ANO JOHN SYARTZ, 1016 PATTERSON BUILDING, DENVER, COLORADO. A MAJORITY Of TH£ COHMllT£E HAY 0£5- IGNATE A REPRESEl~TATIV( TO ACT FOR IT. IN THE EVENT Of DEATH OR RESIGNATION Of ANY H£HBE:R Of , . THE COHHITTEE,-'-THE REHA -lNING HEHDERS SHALL HAVE FULL AUTHORITY TO DESIGNATE A SUCCESSOR. -·---·-·NEITHER THE HEHBCRS -OF THE _E0!1_1:4_1TTEE, NOR ITS DESIGf'IATEO REPRESENTATIVE SHALL et: ENTITLED TO ANY COMPENSATION FOR SCRVICES P£Rf0RM£0 PURSUANT TO THIS COVENANT -•-.. AT . .AN)' __ Tlp.:[, THE THEN ---RECORD OWNER-S-OF . A-MAJORITY OF LOTS SHALL HAVE THE PO\IER THROUGH -A [IUl Y RECQRctO-fHSTROHENr TO CHANGE ---THE-M£HBE-RSH.I P _Of . THE COHH I TT££ OR TO WITHDRAW FROM Off .RESTORE TO TH'E COHH I TTEE ANY Of ITS POWCRS ANO OUT IES. . .. -----------. - ------5. ___ _JJj[_COHHITJ([1S APPROVAL OR DISAPPROVAL AS R~QUIREO IN THESE COV£NANTS.3HAll -BE -1N ---"------ WRIT ING. IN THE EVENT THE COMHITT(( OR ITS DESIGNATED R£PRES£NTATIVE, FAILS TO APPROVE OR . · .. --OlSA-PPROVC-t.t-llH-tN-nHRTY -OA-YS AFTER PLANS AND SPEClflCATIONS'.:HAVE BEEN SUBMITTED TO IT, OR IN · -ANY -EVENT,_.l.E_N_Q__SJl!J_JO EN.JOIN THE COtlSTRUCTION HAS 0£EN COtt~ENCED PRIOR TO TH( _COHPLETION · THEREOf,--APPROVAL Will NOT -BC REQUIRED AHO THE RElATEO COVENANTS SHALL eC OEEHEO TO HAVE BEEN - FULLY .COMPLIED WI TH. . · -' -: ,f-· · ·7.· NO DWELLING SHALL er P£RMITTED ON ANY LOT AT A cosT OF -LESS THAN S10,ooo.6o -eAsEO UPON cos.T. LEVELS e~E-~ I l ING ON THE DATE TH£S( COVENANTS ARE R£COROED, IT 8£ INC THE INTfHT ION ANO PURPOSE.: OF THE COVEN4Nt ·--ro-AS:SURE THAT AlLO\.TlLl~GSSHALl e"( OF A QUALITY AND .WORKMANSHIP 4"'f'-"•Tf'Q..!-4l-~~~1.A.NT .1~1.LY TH£ SAHE OR 8£TT(R THAN THAT WHICH MAY 8£ PROOUCEQ ON TH£ OAT[ -------- .THESE COVENANTS ARE A£CORC'£0 AT THc ... , ... lh"IJM COST STAT£0 H£RE IN FOR THC ... IHIMIJ'M f'(R'4'i rrco ovru INC Sil(. TH£ CROVNO fLOOR AREA Of'_ TH( HAIN STRUCTURE, EX.ClUSIV[ OF' ONC _-STORY OPEN PORCH£5 -AHO CARAGt.S, __ SHALL BE NOT LESS THAN 1250 SQUARE Ff:ET. 9. NO WILDING SHAi..L BE LOCATED ON ANY LOT NE-ARER THAN T\IENTY-flVE f'E£T TO THE f'RONT LOT LINES, OR NEARER THAN TWELVE AND ONE-HALF FEET TO ANY SID( srRtE'T LINE-. NO BUI LO ING -SHALL -·_, __ _ BE LOCATED NEARER THAN _FIVE FEET TO AN INTERIOR LOT LINE• NOR CLOSER THAN (Jf"T£EN fEET TO AN EXISTING 8UJlOIHG OR ONE TO BE CONSTRUCTED. NO DWELLING SHALL 0£ LOCATED OH ANY INTERIOR LOT -:H_EARf;R--lH-AMc .1\IENTX..,.fJVE fEET TO THE R£.AR LOT LINE. FOR TH£ PURPOSE OF THIS COVENANT; EAVES, STEPS~ -AHO OPEN PORcHES-SHAlCNOT 8( COHSl0£REO AS A PART or 'A BUJlOIN~i'PROVIDEO, HOWEVER, THAT THIS SHALL NOT BE COt~STRUEO TO PERHIT ANY f'ORTION OF A DWELLING OR BU-Ii.DING,_ ON _-A LQT TO ENCROACH UPON ANOTHER LOT. -------· - --9•c -HO .HOXIOVS OR Off[NSIVE ACTIVITY .SHALL .CE CARRIED OH UPON ANY LOT, NOR SHALL ANY-;. THINQ Bf: DONE THEREON -wt{ICH HAY D£ OR HAY BECOME: AN 'Al':llOYANCE OR NUISANCE TO THE NE IQHBORHOOO. .. 10. NO ANIMALS, LIVESTOCK, OR POUL TRY Of ANY KINO SHALL fiE RAiS£0, BR£o-·oR :·t((j:>t--::-oo~-};N~-:-~.-=-~: LOT, EXCEPT THAT DOGS, CATS OR OTHER HOUSEHOLD PETS HAY BE 1<£PT, PROVIOCO THAT THEY ARE NOT KEPT, OREO OR MA INTA INE:O FOR ANY CO•tf{[:RC I Al -PtJRP03E. . . . .. ll. ALL CONSTRUCTION ON RESIOENTJAL BUILDING LOTS SHALL BE OF .. MASOHRY, MA30NRY VENEER, FRAME OR WOOD, OR COMBINATION THEREOf, Of APPROVED SIZE -ANO 'OC!HCN. -_ ~--__ ~12. NO HOSPITAL OR SANITARIUM SHALL OE CONSTRUCTED OR MAINTAINCO ON ANY OF SAID LOTS; ANO NO fJUllOINGS USED OR OCCUPIED fOR THE CARE, lOOGING OR ENTERTAIH~"4T OF PC"SON:S SUffERINC- FROH -0-lSC-~H~tt-eE-#A-INTMNEO, KEPT OR PERMITTED ON AHY OF SAIO LOTS. IT IS EXPRESSLY UNDERSTOOD ANO AGREED THAT 3A 10 'HA~:POE'N -HIHS--SECOND HLING_HAS BEEN PLATTED ANO LAIO OUT AS A CHOICE Atro ATTRACTIVE RESIO£i!cfDISTRICT;-AN'OTHATTH:'.SE COYEN;(NTS ANO RESTRICTIONS AR£ MADE FOR THC DENEflT Of TliE LA"''t'I HEREIN OCSCRleEO, VIZ: HAl•POEN HILLS SECOND fllJNC. BLOCKS 8 THROUGH 101 INCllJSIVE, ANO ARf: TO R~·WITH THE LAND ANO SHALL INSURE TI)''""f~f;'['F"fror-ANO BE OIN01f4G OH All PARTIES OR PERSONS CLA IHIHC UNDER THCM VNTIL MARCH J, 1984, AT WHICH TIHE SUCH COVENANTS ANO R£STRICTIONS SHALL 8( AUTOHATICAL(Y EXTENDED fOR SUC- CESSIVE Pt:RIOOS Of TEN Y£ARS, UNLESS RY Ac HA.JORITY VOTE OF Tl*: THEN IHOIVIOUAL PROPERTY OWN(RS . IT IS A0.'l£CO TO CHA~ THt SAID COVENANTS ANO f?£STRICTION3 IN \IHOlE OR IN PART. IF ANY P£RSCN SHALL VIOLATE OR ATTC"PT TO VIOLATE ANY OF THC COVENANTS OR RESTRICTlor:r.'l -m:RCIH OE:f'OR( HARCH 1, 1934, OR SUCH TIH£ LATER AS HAY Cot: SE:T UP BY TH£ PROVISIONS Of' Tiff f"AIM• GRAPH PR£CCOINQ THfS Ot!C:, IT SNAl.l &£ LAWFUL FOR ANY 0Ttl£R PERSON OR PERSONS OWNING-ANY OTH£R . LOTS fH SAID O(VClOPHcHT OR SUBDIVl31<>:i TO Pr.o3CCUTE ANY PROCEEDINGS AT LAW OR IN EQUITY AGAINST TH£ PERSON OR PCRSONS VIOlATlrlG OR ATTEMPTING TO VIOLATE ANY SUCH COVENANTS OR RE· STRICTIOHS ANO [ITH£R TO PREV[NT HIM OR THEM fl\OH SO OOINQ OR TO RCCDV£R DAMAC£S f'OR SUCH VIOLA7IOH. . SHOULO ~y OF Ttft COVEN>.HTS OR J\C:STRICTIOH:s M!:REIN Cf: Hi:i..u ;:4V~tlD OP VOID~ SUCH IN• VALIDITY°"' YOtOAHC£ OT ANY COYCNAHT O.'?-RfSTRICTION SH.All NOT AFF'[CT THC R£ST OF nus IN· STRUHENT OR ANY VALID COV£HANT 9R RtSTAICTIOH H£RE IN COHTAINED• , t, ' I . Restrictions tmpo~e~-upon .Ha~pde~:Hil~s -Second Filing, Block·B through 10, .116lusive by , in~trumen~ dated March 1, 1954 executed by T. W. Anderson, and · recorded Marth 4i ·1954 in _Book _847 at _ Page 215,,as -Reception No. 521794, which are substantially .as:follc.>t1s: ·.· .-( . .. . . All lots shall t>e known and described as -residential building lots; no structure, other· than one detached ·single ·family dwelling, not to exceed twenty· feet in height, and a private garage for -not more than two cars, twenty feet in height.; nostructur.e of a temporary character, trailer, basement, tent, shack, garag~. barn ·OF .0th.er_ ClUtbuilding shall -be used on any lot at .any time as a · residence either temporarily or ,permar:iently; np building shall be erected, placed _or -alter~d 011 a,ny -l_ot -until construction plans· and spedfications and a plan showif'!g the location of the structure have been approved by the Architectural , Control Co1T1T1ittee; provides for Architectural ColTITlittee and s_uccessor members; provides l th~t :in the event .the .comittee, or 1ts designated representative, fails to · · approve . or disapprove within 30 days _ after plans and specifications have been submitted, or in any event if no suit to enjoin construction has -been cornnenced "'·. prior to the completion thereof, approval will not be required and the . related covenants shall be deemed to have been fully complied with; no fence or wall on any · lot nearer to any street than the minimum -building setback line, any . fence must be of approved design and no higher than 42 inches; no dwelling to cost le.s·s .than .$10,000.00 based upon cost levels prevailing on the date of the recording :of these covenants; ground floor area of the main structure, exclusive on one-story ·open porches and garages, shall be not -less than 1250 square feet; no building shall be located nearer than . 25 feet to the front lot line, or nearer than 12 1/2 feet to any side street line; no building shall be located nearer than 5 -feet to ;an interior Jot line nor closer than 1~ feet to an existing building, o~-one to -be constructed; no dwelling shall be located on any interior lot nearer than .25 feet to the rear lot line; eaves, steps and open porches shall not be considered as a part of a building, provided, however, that this shall not be construed to permit any portion of a building, on a lot to encroach upon another lot; no noxious or offensive activity; nor shall anything be done which may be or may become an a.nnoyance or nuisance to the neighborhood; no animals, livestock or poultry of any kind shall be raised, bred or kept on any lot, except that dogs, cats or other household pets may be kept, provided that they are not kept, bred or maintained for any commercial purpose; a]l construction on residential building lots shall be of masonry, masonry veneer, frame or -wood, or combination thereof, of approved size or design; no hospital or sant~ariu~ sh~ll be constructed or maintained on any of the lots; covenants -and . ~estrictions are for :the -benefit of Hampden Hills Second Filing, Blocks 8 thre>ugh -10, inclusive, and are to run with the land and shall inure to the benefit of and -be binding on .all parties or persons claiming under them until March 1, 1984, at which · time such covenants shall be automatically extended for successive periods Qf 10 years; ·unless by a ·majority of the then individual property . owners it is agreed to change said covenants and restrictions in whole or in part;--provides -for enforcement and damages -by proper proceedings at law or in · · · equity but does not -provide for a defeasance of title in the event of violations of such covenants or restrictions. Reference is hereby made to said instrument · for greater certainty. ----~~--'-=-" -------.. -···---.. -·-·--. ...... · :CC· ;... ' j Paga 364 R9artiction1 iJ:lpcsed upon HfJ!POEM HillS, Blocks l. through 7, inclusive by instrucan.t dated llay S, 1<;52 executed ~ T. '.;t. Andersen, et al, and recorded May lS, lCi5'2 as Reception No. 475193, which are subatantially as .follows: All lots shall be known and described as rgsidential building lots; No suuc ture other than one cetached single !~y dwelling, net to exceed . one story in height, ar:.d a pri·rate garage !or ?'..ct J:\Ore than two cars, one story in height; No structure of a tei:pcra17 character, trailer, basement, tent, shack, garage, barn or ether outbu!.ldir..g shall be used on any lot at any ti::e as a residence either tei:ipcrarily or pema.nently; No buildir~ shall be erected, placed or altered on any lot u..11til cor..struction plans and specifications am a plan showir.g the location of the structure have been approved by the archi- tectural contorol co?:mi ttee; Provides for architectural ccm:d. ttee and suc- cessor tiembers; Provides that in the event the committee, or its designated representative, !ails to approve er disapprove Witbin 30 days a!'tar pla?lS and speci!icaticr.s have been submitted, or in any event if no suit to enjoin construction has been cor.zcenced ;rlor to the ccmpletion i;herao!, approval will not be required and the ralatad co:venants shall be deemad to have been fully complied with; No fence or wall on any lot nearer to acy street than the I!lini.Qm building setback line, any fence must be of approved design ar.d I " c. _10 no higher than (:Ott j No dwelling to cost less than s10,ooo-.oo based upon ccst . ~~-~, ~· levels preva1lin& en the date o! the recording ~t these covenants; Ground ! I I t 1 ... j I j f ·1 i 1 ! ~ .. , .; e..o . ..tloor area ot the :nain structure, exclusive at oM-Stciry open pntches aad . & garai&s, shall be r.o~ lass 4;han 1250 square !eat; No building shall be (,/'/..~if. located r.sarer lihan 2S teet to the tr~nt lot line, or neuer ~h&n 25 .teat t• 2.t/ nv'!,. aey side street line; No buildir.g shall be located marer thar. S fHt te an. interior lot line nor =loser than 15 feet to an existing building, or "M . ... to be cor.structed; No dwelll:n.g shall be located on aey interior lot nearer than 25 !eet to tr.e· rear lot line; Eaves, steps and open porches shall not be cor.sidered as a part of a building, provided, however, that ~ shall not be eonstr.ied to permit any portion of a building, O!l &:lat to encroach upon anoi;her lot; No noxious or cf'!ens1ve actirlty; Nor shall anything be done which :nay ba or mo7 become an annoyance or nuisance to-_ tr.a-r.eighbor- hocd; No a=··_:····.~s, l~ 11;g tc'!k or pc-.:.:"'::;-of any kind shall be · raised; ·bred or kepto on any lot, except that dogs, cats or other household pets may be . kept, provided tha1i they are not kept, bred or maintained ior a:n;y";commercial purpcse; ill construction on residential b'.lilding lots shall be of masonry, masoney' veneer, trame or ,....,cJ, ot approved size or design; No .h«?S.P~tal or · .. ,_~ · sar.itariUJ:l shall be constructed -or maintained on any ot the·,J:ot~f; Cove~nts .-· and restric'tiocs are tor the benefit ot HAKrDEll HILLS, B1ocks l through 7, inclusive, and are to l"J.n w1. ~h the land ar.d shall inure to the benefit o! and be bind!.ng on all parties or persons claiming under them until· Jan. l, 1982, a"li 711-.ich ti?ile such covenants shall be automatically extended for successive periods of 10 years, unless by a majority Tate of the then indivi- dual property owners it is agreed to change said cove~nants and restricticr-3 in whole or in part; Provides for en!orcemetit and damages by proper pro- ceedings at law or in equity but does not provide tor a defeeance of title in the event of violation ct sue h covenants or restrictions. Reference i!I hgreby ?nade to said instr.l!:lent £or greater certainty. Englewood City Council February 18, 2014 Good evening Mayor Penn and Council Members, [ Qlf---/ I am speaking tonight regarding the home occupations allowed in RlA zones, with restrictions: Your desire to address this problem in the code is great and I am glad you are doing it. The problem was created years ago and I am gl ad you are looking at it now. I appreciate that the restrictions you are listing are less restrictive then what we presently have, however, I would ask for a bit more than you are presently considering. I have hopes and I would like to request the removal of the restrictions in RlA zone and make the rules equal for all Englewood Citizens. The discrimination between the "zones" I believe is picked by lot size. In particular RlA large lot, RlB medium lot and RlC small lot, show favoritism in treatment of one area of our city over another area, which tends to divide. I have seen large houses built on smaller lots and small houses on large lots, so please tell me why the discrimination between lots and zones? Why do the RlA zones have restrictions on the proposed change on Home Occupations and the rest of the city does not. I believe the restrictions should be eliminated. I don't believe we are an elitist Englewood City, which means (construed as the choice or most carefully selected part of a group) that's why people move to and love Englewood. There are examples I could give for not having restrictions in each item listed, but time does not allow for me to express them all and I'm sure you are saying "Thank Goodness." However, I will address several that are beyond common sense to me. How will a student be allowed to come to the tutor for instruction or for a music lesson? How will the income tax client pick up the return and go over all that is involved at the preparer's house? How will the women who make a few bucks selling Mary Kay; Avon; Babysitting and the many other things women do, fair out? The many Christmas Crafts women work on all year long to sell at Christmas and make a few bucks from her hard work to have a little more spending money for gifts, how do they fair out? How about the quitting women who quilt at home for other women who don't have time, just for the few extra dollars to help buy clothes or sports gear for their kids in school? So, people can't come to their house and they can't put a small sign in their yard or the window, I don't agree with. I could go on and on, these are just a few examples and I haven't given any for men and the many other small business that help keep citizens off welfare and food stamps. Yes, this is called Discrimination. You the council, have the discerning judgment, the freedom and the authority to make decisions and choices with the power to act. As the elected leaders of our city, it is your duty to the citizens in your district to inform them what is going on and help them understand the rules and the laws. Getting citizens input usually turns out to be helpful, beneficial and you can calm anger feelings. You can do this by not spending $10,000 dollars or more, but by holding citizen forums, email and telephone; like they did in the good old days even without the use of email. I believe that at least three council members do have forums and emails for your districts and I thank you. I hope this encourages other council members to do the same. Thank you for allowing me to voice my opinions. Respectfully, Ida May Nicholl 4740 S. Lipan St. Englewood Lou Ellis From: Sent: To: Cc: Subject: Leigh Ann Hoffhines Tuesday, February 18 , 2014 12:18 PM #City Council Lou Ellis; Kerry Bush; Alan White; Chris Neubecker FW: Amendments to Title 16 /{)°'-- FYI -Council Member Olson asked that I forward these comments related to this evening's Public Hearing on Home Occupations. Leigh Ann Leigh Ann Hoffhines Englewood City Manager's Office -----Original Message----- From: Linda Olson Sent: Tuesday, February 18, 2014 12:02 PM To : Leigh Ann Hoffhines Subject: FW : Amendments to Title 16 Hi Leigh Ann, Can you send this on to council, related to this evenings public hearing? Thanks! Linda Linda G. Olson Englewood City Council, District 2, Mayor Pro Tern H: 303-789-4799 Under Colorado's Open Records Act (CORA), all e-mails sent by or to me on this city-owned e-mail account may be subject to public disclosure . From : Kathleen Johnson [kayjohnson2308@comcast.net] Sent: Monday, February 17, 2014 9:49 AM To: Linda Olson Subject : Amendments to Title 16 Thank you for the info made available to us. I've given this a lot of thought. While I understand and agree with the concerns of those opposed to approving the amendment, I cannot support something that would jeopardize those whose livelihood depends on home businesses. Nor do I wish to stifle entrepreneurs. I am asking you to support the approval of the amendment and also your further help to prevent any undesirable escalation of home businesses should that be the case . I have to also say that I am touched by the concerns of some of the younger residents who have serious concerns for the future of our neighborhood. Thank you, Linda Kay Johnson "A friend knows the song in your heart, and gives it back when you loose it" 1 Englewood City Council February 18, 2014 Good evening Mayor Penn and Council Members, JO~ I am speaking tonight regarding the home occupations allowed in RlA zones, with restrictions: Your desire to address this problem in the code is great and I am glad you are doing it. The problem was created years ago and I am glad you are looking at it now. I appreciate that the restrictions you are listing are less restrictive then what we presently have, however, I would ask for a bit more than you are presently considering. I have hopes and I would like to request the removal of the restrictions in RlA zone and make the rules equal for all Englewood Citizens. The discrimination between the "zones" I believe is picked by lot size. In particular RlA large lot, RlB medium lot and RlC small lot, show favoritism in treatment of one area of our city over another area, which tends to divide. I have seen large houses built on smaller lots and small houses on large lots, so please tell me why the discrimination between lots and zones? Why do the RlA zones have restrictions on the proposed change on Home Occupations and the rest of the city does not. I believe the restrictions should be eliminated. I don't believe we are an elitist Englewood City, which means (construed as the choice or most carefully selected part of a group) that's why people move to and love Englewood. There are examples I could give for not having restrictions in each item listed, but time does not allow for me to express them all and I'm sure you are saying ''Thank Goodness." However, I will address several that are beyond common sense to me. How will a student be allowed to come to the tutor for instruction or for a music lesson? How will the income tax client pick up the return and go over all that is involved at the preparer's house? How will the women who make a few bucks selling Mary Kay; Avon; Babysitting and the many other things women do, fair out? The many Christmas Crafts women work on all year long to sell at Christmas and make a few bucks from her hard work to have a little more spending money for gifts, how do they fair out? How about the quitting women who quilt at home for other women who don't have time, just for the few extra dollars to help buy clothes or sports gear for their kids in school? So, people can't come to their house and they can't put a small sign in their yard or the window, I don't agree with. I could go on and on, these are just a few examples and I haven't given any for men and the many other small business that help keep citizens off welfare and food stamps. Yes, this is called Discrimination. You the council, have the discerning judgment, the freedom and the authority to make decisions and choices with the power to act. As the elected leaders of our city, it is your duty to the citizens in your district to inform them what is going on and help them understand the rules and the laws. Getting citizens input usually turns out to be helpful, beneficial and you can calm anger feelings. You can do this by not spending $10,000 dollars or more, but by holding citizen forums, email and telephone; like they did in the good old days even without the use of email. I believe that at least three council members do have forums and emails for your districts and I thank you. I hope this encourages other council members to do the same. Thank you for allowing me to voice my opinions. Respectfully, Ida May Nicholl 4740 S. Lipan St. Englewood • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 18, 2014 10 a Public Hearing for 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 Council directed staff to work on this topic at the May 20, 2013 study session. On January 21, 2014 the Council approved the first reading of an ordinance, and set the date of February 3, 2014 for a public hearing. After taking testimony during the public hearing on February 3'd, City Council continued the hearing to February 18, 2014 to allow additional public testimony. 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 Title 16, Chapter 5: Use Regulations. RECOMMENDED ACTION The Community Development Department recommends conducting a public hearing and taking testimony on the proposed ordinance concerning amendments to Title 16: Unified Development Code regarding Home Occupations. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED In May 2013, the City Council raised concerns about limitations of the current Home Occupations regulations, which currently prohibit Home Occupations in the R-1-A zone district. The discussion was initiated because of a complaint about a business being conducted from a residence in the R-1-A zone district. 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. The current regulations provide a starting point for addressing home occupation in R-1-A as well as in the other zone districts. In order to limit impacts on adjacent residential neighbors, the current home occupation regulations prohibit certain types of businesses as home occupations. The complete list of • prohibited home occupations is found on page 4 of the proposed ordinance under subsection f Prohibited Uses. Under the proposed ordinance, the prohibited home occupations would apply in all residential zone districts, including R-1-A. However, administrative and clerical functions of those businesses could be conducted as a home occupation. Also as a means of lessening impacts to neighbors, the current regulations establish operational requirements. The operational requirements were modified by Planning and Zoning Commission and on first reading by Council. As currently proposed in the ordinance, the operational requirements would apply as shown in the following chart: All Other Home Occupation Requirement R-1-A Residential Zone Districts Secondary to principal use of dwelling as ./ ./ residential More than one home occupation permitted ./ ./ Limited to office type activities ./ Customers and deliveries allowed ./ Signage allowed; 1 s.f. maximum; permit ./ required Operated entirely within dwelling unit (no ./ ./ outside storage or display) Operated only by persons living in dwelling ./ ./ unit (No assistants or employees) No separate outside entrance for business ./ ./ Registration required (removed) Allowed in detached accessory structure Sale of items made, grown or produced on ./ premises Sale off premises of personal or household ./ items like Avon, Amway, etc. Hours and manner of such uses and impacts ./ ./ not in violation of nuisance regulations Incidental storage allowed for items made ./ on premises and /or sold off premises. All storage must be indoors Home occupation, including storage, shall ./ ./ not utilize more than 50% of indoor space of dwelling unit ./=Applies in zone district(s) Red indicates new or revised requirements • • • ANALYSIS • The nature of doing business in the nation and world has changed and is ever-evolving. Modern telecommunications and the Internet 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. Home based businesses are a growing trend worldwide. • • Accommodating home based businesses encourages entrepreneurs to open businesses in the community. This in turn can stimulate additional economic activity within the community. FINANCIAL IMPACT 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 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 Commun ity Development Department requests that the Planning and Zoning Commission review, take public testimony, and forward to City Council a recommendat ion 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, 2 013, 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 i n 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 /201 2. 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 3 03 783-6 895 www.en glewoodgov.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 ASST Al N: 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 ASST Al N: 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 • • • • • • CITY 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 occupation s 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-28, 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 17, 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#2013-04, 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. (7) 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, Cha ir • • Page 2 of3 • • • 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, 757 P .2d 1121 (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 , 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; 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 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. WHEREAS, the City Council finds the "Cottage Food Act" 25-4-1614 C.R.S. and the Nuisance Code provide sufficient safeguards against odors, and other impacts; and 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, City Council has decided that registration of a home occupations is not necessary for the enforcement of this Ordinance; and WHEREAS, City Council found that the current 300 square foot limit on a home occupation was too restrictive; 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 THE 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 eustoinarily m6idemal which are secondarv 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: R-1- &_ 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. Only OBe (1) aoffl:e 066\iflatioB shall ee permitted per ffiyellmg unit 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 anv residential dwelling unit otherwise approved by the City) provided the home occupation~ complyi-es with all requirements of residential district home • occupations herein. 2 • • • 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. ili1 No physical customer visits or deliveries relating to the Home Occuoations shall be allowed in the R-1-A District. (iii) No exterior signage shall be allowed in the R-1-A District. 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 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. e,. RegistratieH. All hoFBe oeeupations shall register with the City. c. 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. d. Operational Requirements. (1) No assistants or employees that are not residents of the principal dwelling unit shall be work employed in ill the hoFBe oeeupation residence/dwelling unit. (2) The hours and manner of such uses and the~ 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 ofthis Code. 3 (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 lnmeree (300) sqtiare feet fifty percent (50%) of indoor soace of the dwelling unit; provided, however, that this does not apply to permitted home care accessory uses. (5) The use of eleotrio motors shall be limitee ia flOWer, with a total ltmitatioa of oae aH:e oae half ( 11~) horsef!ower, anti ao siBgle lfflit o>,'er three feurths (%) horsef!ov1er. 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. Lfil No window displays shall be allowed and no sample commodities shall be displayed 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 bookeeoing. 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. (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. 4 • • • • • • (12) Medical Marijuana-Infused Products manufacturers. (13) Medical Marijuana Optional Premises Cultivation Operation. ilil Manufacture of wine. distilled spirits. or malt beverages . ~ Landscaping suoplies. installation. maintenance or reoair. 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 parking 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 5 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. 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) As 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: 6 • • • • • 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: (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 2D 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 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. 7 [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. Section 4. Severability. If any clause, sentence, paragraph, or part of this 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, amended and passed as amended on first reading on the 21st day of January, 2014. Published by Title as amended a Bill for an Ordinance in the City 's official newspaper on the 24th day of January, 2014. Published as amended a Bill for an Ordinance on the City's official website beginning on the 22nd day of January, 2014 for thirty (30) days . ATTEST : Randy P . Penn, Mayor Loucrishia A. Ellis, City Clerk 8 • • • • I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of Bill for an Ordinance as amended, introduced, read in full, and passed on first reading on the 21st day of January, 2014. Loucrishia A. Ellis 9 • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 18, 2014 11 c i Resolution appropriating funds for a variety of capital projects not included in the 2014 Budget Initiated By: Staff Source: Finance and Administrative Services Department Frank Gryglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council has continually supported acquiring, repairing, and upgrading its valuable infrastructure assets. One of the City's outcomes has been "a City that provides and maintains quality infrastructure." City Council discussed a variety of possible capital projects for funding in 2014 that were not included in the original budget at the January 27, 2014 Study Session . Council determined to appropriate $567,000 for Building System Replacements, Road and Bridge Repair, Permit Tracking System development, and a Solar Garden Project. RECOMMENDED ACTION • Staff recommends City Council approve the attached resolution for a supplemental appropriation to the 2014 Budget for the following: • SOURCES AND USES OF FUNDS: PUBLIC IMPROVEMENT FUND: SOURCE OF FUNDS: Unassigned Fund Balance USE OF FUNDS: Building Systems Replacement Road and Bridge Repair Transfer to the Capital Project Fund Total Uses CAPITAL PRO!ECTS FUND: SOURCE OF FUNDS: Transfer in from Public Improvement Fund USE OF FUNDS: Permit Tracking System Project Solar Garden Project Total Use of Fund $567,000 $300,000 $100,000 $167,000 $567,000 $167,000 $137,000 $30,000 $167,000 BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood owns and maintains a wide and varied infrastructure asset base, including, streets, buildings, "rolling stock," computer systems , and other assets. All of these assets require constant monitoring, repairing, upgrading, and replacement. Many of the City's assets have been in service many years and are approaching the end of their useful lives and will require a comprehensive plan to fund the replacement. The $300,000 for Building System Replacements is seed money for a program to fund needs in the various buildings the City maintains. The Road and Bridge Repairs will fund repairs on Dartmouth Bridge. The Permit Tracking System will help improve customer service. The Solar Garden project will help the City in its "green" energy efforts. The attached memorandum from Deputy Manager Flaherty is provided for additional information. FINANCIAL IMPACT This action will reduce the Public Improvement Fund's Unassigned Fund Balance by $567,000. LIST OF ATIACHMENTS Memorandum from City Manager's Office re : 2014 Capital Project Appropriations Proposed Resolution • • • • Memorandum City Manager's Office TO: Mayor Penn and Members of City Council THROUGH: Gary Sears, City Manager FROM: Michael Flaherty, Deputy City Manager DATE: February 11 , 2014 SUBJECT: 2014 Capital Project Appropriations During the January 27 , 2104 City Council Study Session, Council gave approval for formal consideration of appropriations for four capital projects : • Building Systems Replacement • Road and Bridge Repair • Permit Tracking System Project • Solar Garden Project $300 ,000 $100 ,000 $137,000 $ 30 ,000 • The appropriations resolution will come forward on February 18 , 2014. The resolution appropriates funds for each of the above projects; however, any subsequent contracts related to these projects will be subject to Council review and approval. The specifics of each project are described below. • • Building Systems Replacement-The Public Works Director and Buildings Operation Manager will establish priorities from the several building systems projects and implement the most critical. • Road and Bridge Repair -The appropriation will fund a replacement of a "test section" of the Dartmouth Bridge over the South Platte River. • Permit Tracking System -The Information Technology Director, with input from affected department directors and staff, will initiate a review of the City's current "Trakit" software system and plan for implementation of system upgrades for on-line functionality . • Solar Gardens Project-City staff will evaluate proposals from the Clean Energy Collective, the firm that is administering the Arapahoe County solar array on behalf of Xcel Energy. An agreement for City purchase , or lease purchase, of solar panels will be established. In addition to the supplemental appropriations being considered on February 18, additional capital funding remains available, should Council wish to consider projects not currently included . Those projects for which funding could be considered at a later date include Fire Department equipment, a City Council meeting web-streaming system and the Hampden A venue streetscape design . Two projects presented on January 27 have been withdrawn by Department Directors include the Police locker room remodeling project and 2014 funding for the River Run trailhead at Broken Tee Golf Course. These projects will either be deferred or funded from other sources . RESOLUTION NO. • SERIES OF 2014 A RESOLUTION APPROVING A SUPPLEMENTAL APPROPRIATION OF FUNDS TO THE 2014 BUDGET FOR AV ARIETY OF CAPITAL PROJECTS THAT WERE NOT INCLUDED IN THE 2014 BUDGET. WHEREAS, the City of Englewood is required by City Charter to ensure that expenditures do not exceed legally adopted appropriations; and WHEREAS, the 2014 Budget was submitted and approved by the Englewood City Council on October 21, 2013 ; and WHEREAS, the City Council of the City of Englewood has continually supported acquiring, repairing, and upgrading its valuable infrastructure assets; and WHEREAS, one of the City 's outcomes has been "a City that provides and maintains quality infrastructure"; and WHEREAS, City Council discussed a variety of possible capital projects for funding in 2014 that were not included in the original 2014 Budget; and WHEREAS, the Englewood City Council desires to appropriate $567 ,000 for Building System Replacements, Road and Bridge Repair, Permit Tracking System development, and a Solar • Garden Project. • NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Section 1. The Budget for the City of Englewood, Colorado, is hereby amended for the year 2014, as follows: 2014 SUPPLEMENTAL APPROPRIATION PUBLIC IMPROVEMENT FUND: SOURCE OF FUNDS: Unassigned/Unrestricted Reserves USE OF FUNDS: Building Systems Replacement Road and Bridge Repair Transfer to the Capital Project Fund Total Use of Funds $567,000 $300,000 $100,000 $167,000 $567,000 CAPITAL PROJECTS FUND: SOURCE OF FUNDS: Transfer in from Public Improvement Fund USE OF FUNDS: Permit Tracking System Project Solar Garden Project Total Use of Fund $167,000 $137,000 $ 30,000 $167,000 Section 2. The City Manager and the Director of Finance and Administrative Services are hereby authorized to make the above changes to the 2014 Budget for the City of Englewood. ADOPTED AND APPROVED this 18th day of February, 2014. ATTEST: Randy P. Penn, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2014. Loucrishia A. Ellis, City Clerk • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 18, 2014 11 c ii Purchase -Oil Distributor Initiated By: Staff Source: Brad Hagan, Streets Maintenance Manager Public Works Pat White, Fleet Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION Staff recommends that City Council approve by motion the purchase of one (1) Oil Distributor for the amount of $60,493 . Staff recommends awarding the bid to the lowest acceptable bidder, Macdonald Equipment Company . • BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • Current Unit is a 1997 PB Loader oil distributor. Normal replacement of a unit of this type would be 12 years of service . This unit requires an employee to ride on the back of the trailer while being pulled by a dump truck for operation, which is an unsafe manner of operation . This unit does not have a "reverse flow" feature which requires the oil in the spray bar to be flushed either on the street or on another surface, which creates an environmental concern . The replacement will correct these issues . FINANCIAL IMPACT Funds are available in the Public Improvement Fund (PIF). LIST OF ATTACHMENTS Copy of Bid Proposal Bid Tabulation Sheet • • • , _(C(Q)[p)w 1 BID PROPOSAL _, . ·. --,.~, ., '""'''"''·':/ #IFB-14-001 Trailer Mounted 1000 Gallon Maintenance Distributor ITEM NO. DESCRIPTION 1. 2. 3 . Trailer Mounted 1000 Gallon - Maintenance Distributor Operations Manuals Parts & Service Manual .:. Qty . 1 3 1 Total Bid Estimated date of delivery /eJ-/ :2 kl 4,51(.S /}RO BID PRICE $ ~ : $ 6at/93t£ ' Brochures and Literature: Your proposal must be accompanied by descriptive literature indicating the exact items to be furnished. The term "as specified" will not be acceptable. Each Proposing Firm shall determine prior to submitting a Bid, that they have received all addenda issued, and will acknowledge the receipt. Receipt of copies of the following amendment(s) is (are) hereby acknowledged : Amendment No(s). Date Acknowledged Bidder's Signature ALL MATERIAL F.O.B. CITY OF ENGLEWOOD 2800 South Platte River Drive Englewood, CO 80110 Price quote firm for ninety (90) days. Exceptions: _ ..... M...a..=o ...... AI¢,....~"""· ------------------- Ad9ress /. (.3<23) 28r7~t:J/ c3"o;s;) 287 -7-loi{ Phone r Fax 1000 Englewood Parkway, Englewood, Colorado 80110-2373 Ph (303)762-2412 Fax (303)783-6951 www.englewoodgov.org 6 City of Englewood Bid Tabulation Sheet Bid Opening Date: January 28, 2014 2:00 P.M. MST I Apparent Low Bidder I ITEM BID: IFB-14-001 Trailer Mounted 1000 Gallon Maintenance Distributor Trailer Mounted 1000 Gallon Maintenance Operations Manuals Parts & Service Vendor Distributor X3 Manual Total Bid Exceptions: Municipal and Contractors Equip, Co. Stepp STRD-1000 pumps only 100 13762 Colorado Blvd., #124/144 GPM. See exception sheet for Thornton, CO 80602-6919 other exceptions J.R. McMahan -General Manager 303-450-1034 $ 51,314.00 No Charge No Charge $ 51,314.00 Macdonald Equipment Co. None 7333 Hwy 85 Commerce City, CO 80022 Bill Phelps • General Manager 303-287 -7 401 $ 60,493.00 No Charge No Charge $ 60,493.00 IFB-14-001 Trailer Mount Bid Tab .xis • • • • COUNCIL COMMUNICATION Date: Agenda Item: Subject: February 18, 2014 11 c iii Purchase -Ford F-550 Dump Truck Initiated By: Staff Source: Brad Hagan, Streets Maintenance Manager Pat Public Works White, Fleet Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION City Council approved the purchase of a dump truck in the 2014 Budget, and funding is available through the Captial Equipment Reaplacement Fund (CERF). RECOMMENDED ACTION Staff recommends that City Council approve by motion the purchase of one (1) Ford F-550 truck equipped with a Hook-n-Go system of dump body and flat bed. This bid was obtained through the State of Colorado, Fleet Management bid system . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED • This unit replaces Unit 3303, a 2004 Freightliner dump truck that has met the criteria for replacement of years of service, hours of use, and maintenance dollars spent. The new unit will be able to convert to a flat bed truck or a dump body truck, dependent upon the departmental need. • FINANCIAL IMPACT Funding for the purchase of a Ford-550 Dump Truck was approved and budgeted in the 2014 Capital Equipment Replacement Fund (CERF). Staff recommends purchasing the vehicle through a state bid in the amount of $75,378. LIST OF ATTACHMENTS State Award Vendor Quote New Vehicle Sheet • Class: Equipment(> 1 Ton) Representative Models: 1: DODGE 3: Colorado State Fleet Management 2014 VEHICLE SPECIFICATIONS Dealers Invitation to Bid Bodv Code: T6 CAB/CHASSIS 2 TON lDRWI 5500 2: FORD C!55~ 4: Page 1 of4 Original 8/29/2013 MAKE: ;:; t..() MODEL: F 550 OEM MODEL#: F s H TRIM LEVEL: 'fL OEM CODE: t60J4 STANDARD SPECIFICATIONS: 101 PASS: 3 PERSONS MIN. -110 DOORS: 2 SIDE DOORS -130 CAB/CHASSIS LESS BED - 140 TIRES: ALL SEAS M&S RADIAL -146 FULL SIZE SPARE TIRE -197 ENG MIN CYL: 8 - 261 DUAL REAR WHEELS - 300 AIR CONDITIONING -R134a - 302 RADIO: AM/FM - 307 POWER BRAKES & POWER STEERING - 308 ABS BRAKES - 311 SEATS: VINYL SEATS -• 321 FLOORING: RUBBER - 340 AIR BAG -DRIVER SIDE - 400 MIRRORS: RIGHT AND LEFT - 404 INTERMITTENT WIPERS - 410 TRANSMISSION: AUTOMATIC - 415 FOUR-WHEEL DRIVE -418 AUTOMATIC LOCKING FRONT HUBS -436 HEAVY DUTY COOLING -521 HEAVY DUTY ALTERNATOR -700 ENG MIN DISP: 6.4L DIESEL -707 FUEL TANK: 40 GAL MIN -711 GVW RATING: 17,950 60" CA MIN -752 AXLE RATIO: SPECIFY -911 PRIMARY FUEL: DIESEL -991 STD WRNTY -BUMPER TO BUMPER 3/36 - OEM CODE INDICATE ACTUAL DEALER SPECIFICATIONS V6J 1fe6vt.f':l~ CAB yg5 yes y~..s SI.:<. Y{:5 ye.J yt:.s YS.J Ve5 y,u Yes Yt.s YES 'yt.S Y6J Yf'J YE.!> Y~; Y!J V~~ ttOo Amp µ, t?. 'Je S 4.7 ft>-'" Sr1ao1<.' V'-s 40 (;.141,. 11!-r A.IC( t 'le~ Jt.J 1" WH•64..&1H ve~ LI.to 1?E6-Ax~{! Ye.s Y~...s STANDARD VEHICLE BASE PRICE$ 3~ ~ 8' ~ • AVAILABLE OPTIONS: ~CREW CAB (4 DOORS): SPECIFY CA OEM CODEACTUAL I COMMENTS I ~/Jo" c, 11. / /?t,1 ' wHE,J.l311s-~ Colorado State Fleet Management 2014 VEHICLE SPECIFICATIONS Dealers Invitation to Bid Page 2 of4 0 . . I rigina e12912013 C lass : Equipment(> 1 Ton) Representative Models: 1: DODGE 3 : Body Code: T5 CAB/CHASSIS 2 TON !DRWl 5500 2: FORD 4: F550Truck MAKE: 51l.i) MODEL : ~r_~_~_..s_-_o __ OEM MODEL#: F 5 fl TRIM LEVEL : ·~)(~L __ OEM CODE: ttOA AVAILABLE OPTIONS: 112 DUAL AL TERNA TORS -11 9 EXTCAB:SPECIFYCA - 133 BACK UP ALARM - 141 TIRES : ALL-TERRAIN , LIST SIZE : ...._ ~TIRES : OPTION #1 , LIST SIZE : 154 120" CA ...._ 216 NON-STD ENGINE OPTION A : -218 NON-STD ENGINE OPTION B: -229 HEAVY DUTY SUSPENSION SPECIFY TYPE : -239 GVW OPTION : SPECIFY -249 AXLE RATIO OPTION : SPECIFY ...._ 252 CNG PREP PACKAGE --254 ALT FUEL -OEM Bl FUEL SPECIFY TANK LOC -255 ALT FUEL-OEM DEDICATED SPEC TANK LOC ._ 256 E85 -OEM Bl FUEL -284 REMOTE KEYLESS ENTRY -298 CRUISE CONTROL/TILT ._ 310 SEATS : CLOTH SEATS ._ ~ MRRS:REC/CMPR FOR TWNG (7 "x9") 408 REAR AXLE -ANTI SPIN - 411 TRANSMISSION : MANUAL W/OVERDRV - 414 TWO-WHEEL DRIVE: REAR - 429 TRAILER BRAKE CONTROL-ELECTRIC - 430 PCKG :TOWING/RCVR HITCH(Atchmt) - 438 PACKAGE:SNOW PLOW (altchmt) - 439 OEM SNOW PLOW PREP - 440 PACKAGE:OFF ROAD (Attachment) - 444 ENGINE BLOCK HEATER -450 SKID PLATE-FUEL TNK,TRFR CS/DI -454 AUXILARY BATTERY ...._ 462 GOOSENECK HITCH (attchmt) ._ 464 HID TRANS COOLER -470 PKG :HYDRAULIC LIFTGATE(atchmt) -472 -EPACT AFV CREDIT: Specify 481 DUMP BED PKG REQ 60" CA (attachment) ._ OEM CODEACnJAL I COMMENTS _____ N~trf!-_.fl~B~'l'-=ui:..::4'Y3;:....;uc=U~-------°'t9- t./JH I/JP 1f7o _ _,,M~o___:6'.='A:.::1l~6-=-E __;"2-=:i"'i::::::.:lfA~":..1110:..-___ --:$ ~~~~~~~~~~~~~~~~~~'Joo·~ ).br IJ ~fH/la u. -t!9-~6 /Jf!i,tUt,w~-VEl~llllJ 0/J uPFTT !izs.29 5rA~/Jllll./J EQt11t1A161'ff :'6b 566/IUAClhf 6ff ET r2,'I~ A/qr ilR&r.t1d~=f ~ • • • • Class: Equipment (> 1 Ton) Representative Models: 1: DODGE 3: Colorado State Fleet Management 2014 VEHICLE SPECIFICATIONS Dealers Invitation to Bid Bodv Code; Il 5500 CAB/CHASSIS 2 TON IDRWI 2: FORD 4 : F550Truck Page3 of4 Original 8129/2013 MAKE: ~ll0 MODEL : __ r__,,s"'-'-Si_v __ OEM MODEL•: Fs # TRIM LEVEL: ~X~l __ 0E11 cooe: t Co A • • AVAILABLE OPTIONS: OEM CODEACTUAL I COMMENTS ~ STAKE BED w/ HEADBD REC 60" CA (attchmt) t./St./ '121 Sib ~ UTILITY BODY REQ 60" CA (attachment) 516 LEFT DOOR POST SPOTLIGHT (SOW) - 520 POWER LOCKS -526 POWER MIRRORS -530 POWER WINDOWS -541 DELETE DAYTIME/AUTO HEADLIGHTS -599 AM/FM CD PLAYER -606 GVW OPTION : SPECIFY -607 GVW OPTION: SPECIFY -608 HYBRID GAS/ELECTRIC -643 ADD DAYTIME RUNNING LIGHTS -670 SEE EXHIBIT A -693 MEETS 2010 FED EMISSIONS DIESEL ENG -694 DIESEL ENG B20 COMPLIANT -709 84"CA -710 108" CA -763 PHEV (PLUG IN HYBRID ELEC VEH) ~ 780 UPFITTER SWITCHES -842 DUMP BODY 9 FOOT -982 EXT WARRANTY -POWER TRAIN 5/100,000 - C/oL 9oL 90L. ---~~=~~u.::=-=------_,89?~ _______________ 8'/S'~ "$... 5a:,-~~~~~~~~~~~~~0?~7_'5"_~ '2St>1 1?6()cl~s 'Sm .. ~o XSL AttLE I~® '~Qste N" or11clf ~ Nrn: A vA 11.Aa t.. E "&.. 9t./2. _______________ 1¥Sce -s.. y~ ~ y~::, >:>-. u,,, fjyd L•~ Wl!tfL/IASf: ~-2. 19 'I" wl(kE, &!SE $ 3S'De ----~JV........,;;'11"..:_._A~v~A~~~A~l-~-e ________ ~~ IP 6S 1 le)S-00 85'..:l ~ 875-,;g N,.r /kA ugµ :Q. Mr,..;:, . 11Zoln oi Greeley INC I St co 80634 .ieneke ,., 1,;i al Accounts Manager . eke@spradleybarrgreeley.com .;ne: 970-506-3621 .-x : 970-506-3674 ·<?II: 970-673-2179 Spradley Barr Ford Lincoln of Grteley INC 490129th St Greeley, CO 80634 John Wieneke Commercial Accounts Manager jwleneke@apradleybarrgreeley.com Phone:970-ao8-3621 Fu: 97o-506-3874 Cell: 97M"t3-2179 Page4 of 4 Colorado State Fleet Management 2014 VEHICLE SPECIRCATIONS Dealers Invitation to Bid Original 812912013 Class : Equipment (> 1 Ton) Representative Models : 1: DODGE 3: Body Code: ]] ,.,CA""B"'"/""'C'"""'=:.:....::...:..:::.:~-..._..__ 5500 4: MAKE: MODEL: _.._F_-_5_-_51_-o;;;;.__ OEM MODEL#: F5 fl TRIM LEVEL: _....X ......... L ___ OEM CODE: AVAILABLE COLORS: Please attach manufacturer color chart -/1lf"t4C..fl60 OTHER VEHICLE SPECIFICATIONS I OPTIONS (Please attach separate sheet if necessary) PRICE 'fL~/lSE> Xe r4rGHJIEt> '?&~ l1s-r ;&;,e /!Yr1/t.AISU o/'TioJV.S STANDARD FACTORY WARRANTY (Attach detailed description): MILES Bumper to Bumper 3C,,a.r:; Drive Train w.~ ' Other 'i?oA~~'f, ){'µJek lo, IJa':J OPTIONAL FACTORY WARRANTY (Attach detailed description): MILES M-r /I tM/t,/11/U --sL MONTHS 3b 60 MONTHS --62- PRICE ~ EPA FUEL RATING:_-..:..Aft~~-11 __ M.P.G CITY , _..._N-'-+l..z.fl_.___ M.P.G HIGHWAY I OEM MINIMUM FUEL RATED OCTANE_:__...8..._s_-_6'_AJ_&?._L./_l>-'_e _____ _ DELIVERY:60-/90 DAYS FROM DEALER RECEIPT OF ORDER FROM STATE (E.G. 90 DAYS) IDENTIFY ANY EXCEPTIONS TO SPECIFICATIONS : DEALER NAME: SPIMl•J..., Fenl Lincoln of 8ruls; INC 490129111 St DEALER PHONE :_-1::!Gil'P19ilatl1tteyv,,,-iG~OEH188&111&MY--------- John Wieneke Commercial Accounts Manager jwieneke@spradleybarrgreeley.com Phone: 970-508-3621 Fax:970-506-3874 Cell: 970-673-2179 ,--,-- BIDDER'S NAME : __ ~-=t);;....;.1'4-'\.)"'---'\,0"'-"--IE......:.NSC..;;..;;..:K __ -E. ___ _ SIGNATURE: _17~£,__,~:.:..o<....-o1l:...::~:;...;;;;._.._==---- • • • • • • Vehicle Profile Powertrain Prepared By: John Wieneke Spradley Barr Ford , Greeley 4901 29th Street Greeley, California , 80634 Phone : 970-506-3621 Fax: 970-506-3674 •• 2014 Ford F-550 Chassis 4x2 SD Regular Cab 165" WB DRW XL (F5G) Powerstroke 6. 7L V-8 OHV direct diesel injection 32 valve intercooled turbo diesel engine • 200 amp HD alternator * 750 amp (total) 78 amp hours (Ah) (total) battery dual batteries with run down protection " Engine block heater* 6-speed electronic SelectShift automatic transmission with overdrive, lock-up, driver selection * Rear-wheel drive • Limited slip differential, driveline traction control, power take-off provision * 4 .88 axle ratio• Stainless steel exhaust Steering and Suspension Hydraulic power-assist re-circulating ball steering * 4-wheel disc brakes with front and rear vented discs * Firm ride suspension * Mono-beam non-independent front suspension • Front anti-roll bar • Front coil springs * HD front shocks* Rigid rear axle* Rear leaf suspension• Rear anti-roll bar* HD rear leaf springs* HD rear shocks• Front and rear 19.5" x 6 .00" argent steel wheels• LT225170SR19 .5 BSW AS front and rear tires• Frame mounted mounted full-size steel spare wheel Safety 4-wheel anti-lock braking system • Dual airbags, passenger side front-impact cancellable airbag, seat mounted driver and passenger side-impact airbags, curtain 1st row overhead airbag* Front height adjustable seatbelts Comfort and Convenience Air conditioning *AM/FM stereo, clock, seek-scan, 2 speakers, fixed antenna * 2 12V DC power outlets, back-up alarm *Analog instrumentation display includes tachometer, engine temperature gauge . turbofsupercharger boost gauge, transmission fluid temp gauge, engine hour meter, exterior temp , systems monitor, trip odometer• Warning indicators include oil pressure , engine temperature. battery, lights on, key, low fuel, door ajar, service interval, brake fluid * Steering wheel with tilt and telescopic adjustment * Manual front windows with light tint • Variable intermittent front windshield wipers • Passenger side vanity mirror• Day-night rearview mirror* Interior lights include dome light with fade, front reading lights * Glove box , front cupholder, instrument panel bin, dashboard storage• Upfitter switches Seating and Interior Seating capacity of 3 * 40-2Q-40 split-bench front seat with adjustable head restraints, center armrest with storage • 4-way adjustable driver seat includes lumbar support * 4-way adjustable passenger seat • Cloth faced front seats with carpet back material* Full cloth headliner, full vinyl/rubber floor covering. urethane gear shift knob , chrome interior accents Exterior Features Side impact beams , front license plate bracket, fully galvanized steel body material • Black fender flares * Black side window moldings, black front windshield molding * Black door handles • Black grille * 2 doors •Trailer harness, brake controller * Driver and passenger manual black folding manual extendable trailer outside mirrors * Front black bumper with front tow hooks *Aero-composite halogen headlamps • Additional exterior lights include cab clearance lights, underhood light • Cfearcoat monotone paint Pri ces aild content eva ilebi11ty as shOwn . a<e 6U6jeCi to diange aild •houid be treated as estimates onty. AaU&I base veh\Cli , package and option pncing may vary from this estimate because of spec ial local pricing , availability or pricing adjustments l'\O l reflected in the dealer's computer system . See salesperson for the most current information . Reference CT05208919 11212014 Printed on January 13, 2014at12:45 Price Level : 420 QuotelD: <None> Page 1 Vehicle Profile Continuea Prepared By : John Wieneke Dealership: Spradley Barr Ford, Greeley Exterior Features (Continued) Warranty Basic ........ .. . . . . . .. . . . . . . .. . . . . ..... 36 month/36 ,000 miles Powertrain .......................... . Corrosion Perforation . . . . . . 60 monthfunlimited mileage Roadside Assistance ........... . Diesel Engine ..................... 60 month/100 ,000 miles Dimensions and Capacities 60 month/60 ,000 miles 60 month/60,000 miles Output .. .......... ...... .... ............... 300 hp@ 2 ,800 rpm Torque ............... ........ ........... 660 lb .-ft . @ 1,600 rpm 1st gear ratio ................................................. 3.974 2nd gear ratio ................................................ 2 .318 3rd gear ratio .. .. .. .. . . . . . . . . . . . . . . . . . . . .. .. .. . . . . . . . . . . . . . . . 1. 516 4th gear ratio . .. . . . . . . . . .. . . .. . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . 1 . 149 5th gear ratio ................. ............................ .... 0 .858 6th gear ratio ................................................. 0.674 Reverse gear ratio . . .. .. .. .. . .. . . .. . . . ... . . . . .. . . . . .. . . . .. . 3.128 Curb weight .. .. .. . . . . . . . . . .. . . .. . . . . . . . . . . . . . . . . . . . . . . . 7, 790 lbs . GVWR ..... ............................................ 19 ,500 lbs . Front ............................................ 6,500 lbs . Rear GAWR ........................................... 14 ,706 lbs . Payload ................................................ 11,843 lbs . Front curb we ight . . . . . . . . ... . ... . .. .... ... ... ..... .. . . 4,498 lbs . Rear curb we ight .. .. .. . . . . ... . ... . .. . . .. .. . . . .... . . . .. 3,292 lbs. Front axle capacity .................................... 7,000 lbs . Rear axle capacity .................................. 14,706 lbs . Front spring rating ........ ............................ 6,500 lbs. Rear spring rating .................................. 15,000 lbs . Front tire/wheel capacity ............................ 7 ,500 lbs . Rear tirefwheel capacity ........................... 15,000 lbs . Towing capacity ....................... ............. 16 ,000 lbs . 5th-wheel towing capacity ........................ 17,200 lbs . Front legroom . . .. ... . ... . .. . . ... ... . ... .... . . . .. . .... ... . . .. 41 .1 " Front headroom .. .... ... . .. .... . ... ... . . . . . ... ... . . . ... .. .. . 40. 7 " Front hiproom ............................................... 67 .6 " Front shoulder room ....................................... 68.0" Passenger area volume ............................ 65 .9 cu .ft . Length ....................................................... 250 .5 " Body width .................................................... 93 .9" Body height ................................................... 80 .7" Wheelbase ................................................. 165.0" Cab to axle ................................................... 84 .0" Axle to end of frame ........................................ 47 .6" Front tread .................................................... 74 .8" Rear tread ........................................... ......... 74 .0" Turning radius ............................................... 24.3' Fuel tank .................................................. 40 .0 gal. Rear frame height loaded ................................ 27 .9 " Rear frame height unloaded ............................ 33.4 " Prices and content ava ilability as ShOWn. are sub1ect to cnange and Should be treated as estomates only. Aauat base vehida. package and option pri cing may vary from this estimate because of specia l local pricing, availabitlty or plicing ad;.i stments not reflected in tha dealer's computer system. Sae salesperson for lhe most current informati on . Reference CT05208919 11212014 Printed on January 13, 2014 at 12 :45 Price Level : 420 QuotelD: <None> Page 2 • • • • • • Prepared For: Prepared By: John Wieneke Spradley Barr Ford, Greeley 4901 29th Street Greeley, California , 80634 Phone : 970-506-3621 Fax : 970-506-3674 Selected Options 2014 Ford F-550 Chassis 4x2 SD Reaular Cab 165" WB DRW XL CFSG Vehicle Snapshot Code F5G Packages 660A Emissions 425 Powertrain 99T 44W X8L 68M Wheels & Tires Engine: 6 .7L 4V OHV Power Stroke Diesel V8 820 Transmission: TorqShift 6-Speed Auto w/OC Rear Axle Ratio: Limited Slip w/4 .88 GVWR: 19,500 lb Payload Plus Upgrade Package Description Base Vehicle Price (F5G) Order Code 660A (99Y) Engine: 6.8L 3-Valve SOHC EFI NA V10; (44T) Transmission: TorqShift 5-Speed Auto w/OD : Includes SelectShift.; (X48) 4.88 Axle Ratio; (STDGV) GVWR: 18,000 lbs Payload Package ; (TFB) Tires : 225170Rx19 .5G SSW AS (6); (64Z) Wheels: 19. 5" Argent Painted Steel (6); (A) HD Vinyl 40/20/40 Split Bench Seat : Includes driver side manual lumbar support, center annrest. cupholder and storage.; (587) Radio: AM/FM Stereo w!Digital Clock : Includes 2 speakers. 50 State Emissions System Engine: 6.7L 4V OHV Power Stroke Diesel VS 820 200Amp Extra Heavy Duty Altemator; (X41) 4.10Axle Ratio; Dual 78AH Batteries. Includes clean idle decal and intelligent oil life minder. Torque : 660 ft.lbs . @ 1600 rpm. Transmission: TorqShift 6-Speed Auto w/OD Includes SelectShift. Limited Slip w/4.88 Axle Ratio GVWR: 19,500 lb Payload Plus Upgrade Package Includes upgraded frame , upgraded springs and low deflection/high capacity. Increases max RGAWR to 14, 706. NOTE: See Order Guide Supplemental Reference for further details on G VWR . Class STD OPT OPT OPT OPT OPT OPT Prices an<I contenl availability as shown . are subj8CI to diange ana should be traat9d as 111timal8$ only. Actual base ven 1cle, paCkage and option pncing may vary from this esUmate because or •pec<al local pricing, availab mty or pricing adjus tments not rellected in the dealer"s computer system. See satesper.ion for the most current information Reference CT05208919 11212014 Printed on January 13, 2014at12:45 Price Level: 420 QuotelD: <None> Page 3 Selected Options Continued Prepared By: Code TFB 64Z Dealership: Description Tires : 225170Rx19.5G BSW AS (6) Wheels: 19.5" Argent Painted Steel (6) 512 Spare Tire & Wheel John Wieneke Spradley Barr Ford, Greeley (61J) 6-Ton Hydraulic Jack. Excludes carrier. REQUIRED in Rhode Island. Seats & Seat Trim Other Options PAINT 165WB 41H 61J 62R 528 587 Cloth 40120140 Split Bench Seat Includes center armrest. cupholder and storage. Monotone Paint Application 165" Wheelbase/84" Cab to Axle Engine Block Heater (Regional) Standard in Alaska, C-Olorado , Iowa, Idaho, Massachusetts, Maine, Michigan, Minnesota, Montana, Nebraska, Norlh Dakota, New Hampshire, New York , South Dakota, Vermont, Wisconsin and Wyoming. 6-Ton Hydraulic Jack REQUIRED in Rhode Island. Transmission Power Take-Off Provision Trailer Brake Controller Verified to be compatible with electronic -actuated drum brakes only. Radio : AMIFM Stereo wlDigital Clock Includes 2 speakers. 76C Exterior Back-Up Alarm (LPO) Pre-instafled custom accessory. Interior Colors For : Primary w/XL (regs) 1S Steel Primary Colors For: Primary w/XL (regs) Z1 Oxford White Vehicle Subtotal 5'1111~ fit/) Destination /clvcl<. /IS Vehicle Subtotal (including Destination) -+- Spradley Barr Ford Lincoln of GrHley INC 4901 29th St Greeley, CO 80634 John. Wieneke Class INC INC OPT OPT STD STD OPT INC OPT OPT INC OPT OPT OPT Commercial Accounts Manager jwieneke@spradleybarrgreeley.com p . fl 1 s own , are sub)eCt lo change ands ut e treated as estimates only. tuat base ve 1cle, package and Ofll1on pricing may vary from I '" ~~;~!pr icing , ava~abi li!y or pricing adju.lments not reflected in the dealer s compUler system. See salesperson for the mos t o.menl information . Printed on January 13, 2014 at 12:45 Price Level: 420 QuotelD; <None> Page4 • • • • DATE 01/17/14 QUOTE NO. *** QUOTE PAGE 1 14-2009 *** SOLD TO: SHIP TO: CITY OF ENGLEWOOD MR. PAT WHITE 303-503-0413 2800 PLATTE RIVER DR. ENGLEWOOD CO 80110 CITY OF ENGLEWOOD MR. PAT WHITE 303-503-0413 2800 PLATTE RIVER DR. ENGLEWOOD CO 80110 =~=================;~======~===========================================;======; CUSTOMER PO QUOTE/BID CUSTOMER NUM 5525 SHIP VIA FOB ENGLEWOO SALESMAN 2 TERMS NET 10 CUSTOMER PHONE 303-762-2413 =======================================~======================================= Dear John, We are pleased to submit the following quotation for your consideration. The equipment we are providing is supplying the best possible solution to your equipment needs. We strive to give the highest quality of equipment so that your up time is maxmized. Please review the quote and let us know if there is anything we can change for you. Thank you, Jesse McKinley 4~u PART NUMBER DBSCRIPTI •==================== ===========··=·==··====·====== STELLAR FLEX36 *84-10 HOOKLIFT 10-12' CONTNRS QTY ORD UOM PRICE EXTENDED ======:za :21=r======= ========== 1. 00 EA 17,036.00 17,036.00 PTO AUTO TRANNY *FOR FORD SUPERDUTY 1. 00 EA 1,920.00 1,920.00 POLY FENDERS *SINGLE AXLE DUAL REAR WHEELS l. 00 EA 932.00 932.00 BUMPER 16K *W/ RECIEVER TUBE & LED LT KIT l. 00 EA 1,188.00 1,188 .00 ICC SAFETY KIT *FIRE EXTINGUISHER & REFLECTOR l. 00 EA 160.00 160.00 TRAILER PLUG *7 PIN ROUND l. 00 EA 210.00 210.00 10'X96" 1/8" FLTBD *FLTBD W/HOOKLIFT FRAME 1.00 EA 4,485.00 4,485.00 10' DUMP *DUMP BODY WITH SIDES AND BACK 1. 00 EA 8,290.00 8,290.00 All returned goods must be accompanied by invoice and are subject to handling cttarge after 30 days. •••NO RETURNS AFTER 90 DAYS•** A SERVICE CHARGE OF 2t PER MONTH, 2~t PER ANNUM WILL BE ADDED TO ANY tNVOXCE J.llOT PA.ID . BY THE LAST 01\Y OF' THE MONTH IN WHICH IT rs DUE . WE ARE CONFORMING MITH TK6 FA.IR LABOR STANDAR'l'DS ACT OF 1938 AS AMENDED. NOT RESPONSIBLE FOR TIMELOST DUE TO FIRES, STRIKES OR CAUSES BEYOND OUR CONTROL. STENOGRAPHICAL ANO CLERICAL ERRORS SUBJECT TO CORRECTION THANK YOU FOR ALLOWING US TO QUOTE THBSB ITBMS. YOUR COST IS Sub Total Sales Tax F.E.T. 34 '221. 00 0 .00 0.00 Freight 3; a 8 ----~~,.co TOTAL °'9'9 , T! 1. U ~ 3~,4~/ .e. • QUOTE #7036 Customer: KOIS BROTHERS EQUIPEMENT COMPANY Contact: Jessie McKinley Sales rep .: Jeremy D'Brox Address : 5200 Colorado Blvd . 1------------4 COMMERCE CITY. CO (BIE1JDCJ ~ l'C. Fax : Phone : Email : 1-303-298-7370 SIDE VIEW SIDE 44-W 3/16" Top Rail: Folded steel ins. Ladder: 910S-01-I CAB SHIELD None Front mounl Windscreen FRONT 44 -W 3116• 90 deg. comers Recess : Flat front Stellar 84-10 40" TOP VIEW bl b-J REAR & TAILGATE · 44·W3116' { l Slope: Straight 1. Latch Mee .: Manual Hinge: Std 314" Side light Hores : No ) 96'1 ""''''"' .. .,.. \ ? I / '-----J -._ REAR VIEW "" 7371iQuolation Date: 1-15-20141 · ,~";";;r.-· -.. -·· ··-· ··-·...-..,,.•"4.~ . -·,.J "'"' .. ' ~ ' .. ' l · ..... : ·, V I 0 1 • ~ • ~ t, c:. ,. ·• Valid until: Quoted by: 2-14-2014 Jeremy D'Brox Tl IF 01·igl11:-il D l .·',.'v1 C>r ·-.J D U~<C MODEL: HLCSS -1 O'O" X 24" X 30" Dump body base price FRONT Tarp kit selection Hook-liR syst. model SIDES Close lop of fold TAILGATE Tailgate latch mech . REAR Hook·lilt rear rollers DISCOUNTS US Price Discount 133-21-ALP 84 -10 Yes Manual 750-02XI (6 5/B" Dia.) 4% I QTY: 1 I FLOOR 44·W3/16" Non-heatable SILLS Tubing S"x2'x1/4" 0 0 ~ ~__,J-i Drawmgs a1e not scaled bul give " general view o( the chosen features NOTES : • Please confirm Front Height. • 16101120141:14:03 PM Total in US: Grand total in USS Terms : Prices per unit in USS F.O .B Vars, Customs brokerage fees to consignee • • • • • • SERVICENTER GARAGE SUMMARY SPECIFICATION SHEET FOR NEW VEHICLES STA TE AW ARD # 07000YYY80M ~~~---~----~~~~~~~~~~~ MANUFACTURER OF VEHICLE Ford MODEL OF VEHICLE F 550 AIR CONDITIONING YES NO AUTO MA TIC TRANSMISSION YES NO POWER WINDOWS YES NO POWER DOOR LOCKS YES NO 4 WHEEL DRIVE YES NO FLEX FUEL OPTION YES NO CERF REPLACEMENT YES NO NEW ADDITION TO FLEET YES NO D EP AR TMENT VEHICLE ASSIGNED TO ______ S=t=re'"""""et"-'D"'""'i'-'-v=is=io=n--=-0=2""""'10'-=0-=-3 COMMENTS: This unit will replace Unit 3303, a 2004 Freightliner Dump Truck which has met the years of service, hours of use, and total maintenance dollars spent criteria for replacement. The replacement unit is a Ford 550 equipped with a dump body and is interchangeable with a flatbed (Hook-N-Go system). This will provide the department one (1) vehicle that can perform two different functions. The total cost of this unit is $75,378.00. The funds are available in the Capital Equipment Replacement Fund and the purchase was approved in the 2014 Budget . . Lou Ellis From: Leigh Ann Hoffh ines Sent: Tuesday , February 11 , 2014 8 :52 AM To: Alan White ; Andrew Marsh ; Carol Wilbur; Chris Neubecker; Christian Contos ; Dan Brotzman ; Dave Henderson ; Dave Lee ; Debby Severa ; Dorothy Hargrove ; Frank Gryglewicz ; Gary Condreay ; Gary Sears ; Harold Stitt; Jeff Kon ishi ; Jeff Sanchez ; Jerrell Black ; Joe Sack ; Jo hn Coll ins ; Kerry Bush ; Ladd Vostry ; Lance Smith ; Laura Herblan ; Leigh Ann Hoffhines ; Linda Truj illo ; Lindsay Von Colditz ; Lou Ell is ; Mark McKay ; M ichael Flaherty ; Mike O'Connor; Nancy Fenton ; Richard Petau; Rick Kahm ; Sam Watson ; Stu Fonda ; Sue Carlton-Smith ; Sue Eaton ; Tamara Wolfe ; T im Eng lert Subject: 2/10 Council Req uests Good morning -the following requests came up before, during, and after last night's Study Session: 14-017 (Civic Center Door Hydraulic Closer Broken) Requested by: Council Member Wilson Assigned to: Pub lic Works The hydraulic closer is not working on one of the outside middle doors on the garage-side first floor entry of the Civic Center. 14-018 (Inca/Englewood Parkway Crosswalks) Requested by: Council Member Wilson Assigned to : Public Works Council Member Wilson noted that she had seen a number of near misses at the two crosswa lks on Inca (across from Nixon's Coffee house and across from Bai ly's). She said she has never seen the flashing crosswalk lights on at either location and presumed they didn't work. I explained to her that pedestrians need to push the button to activate the lights and that there is a sign on each light pole explaining that. She is concerned about the safety of the pedestrians (and motorists) in this area, and wonders if there are options that could make these crosswalks/intersections safer. 14-019 (Inquiry re: Tree Damage Responsib i lity) Requested by: Council Member Wilson Assigned to: Police (C o de Enforcement ) or Parks & Recreation? If a neighbor's tree fa ll s into an adjacent y ard, who is responsi bl e for the damage? (N ot sure whether this falls under Code Enforcement or Parks & Rec. If I ha v e mis-assigned it, please let me kn o w.) Request for our current Community Meetings e-Notifier to be expanded to include all Public Hearings, including Liquor & Medical Marijuana Licensing Authority hearings, Planning & Zoning Commission hearings, and Board of Adjustment hearings. 14-021 {~dy S s·on· M edicallRecreational M arij aan a1 Requested by: Council Member Gil lit 1 Assigned tsi: City Manager's Office .. Request for a Study Session discussion on medical and recreational marijuana regulations. 14-022 (Traffic Speeds -4600 block South Irving) Requested by: Council Member Mccaslin Assigned to: Public Works Neighbors in the 4600 block of South Irving are concerned about drivers not abiding by the speed limits in this area. There is an elementary school nearby and residents are concerned for the safety of the children. Is there a possibility of placing a speed bump on Irving & Piml ico? 14-023 (2245 S. Raritan Street Noise Concerns) Requested by : Council Member Mccaslin Assigned to: Police Neighborhood complaints of loud music and paging system noise coming from the business located at 2245 South Raritan (Sharpest Rides). Thanks, Leigh Ann Leigh Ann Hoffhines Communications Coordinator City of Englewood 1000 Englewood Parkway Englewood, CO 80110 303-762-2316 lhoffhines@englewoodgov.org www.englewoodgov.org I Facebook 2