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Home My WebLink About1996-11-18 (Regular) Meeting Agenda,-------~----------------.,----------------------------- • • • (, .. NOVEMBER 18, 1996 R£GULAR CITY COUNCIL MEETING ORDINANCE I~, ~, Y,, /e, _ri, ;', ft ,,(, ~, 64 RESOLUTION Ir•~, j{, r, Y,• 91, 98, 99, 100 . , • . • • 0 • ., I· 0 ,. l 1 . 2. 3. 4. 6. 7 . 9. . ,~ . ' • (. \. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL NOVEMBER 18, 1996 7:30P.M. Call to order . 7:'IOP'711 Invocation. !}.)~ Pledge of Allegiance. mar~ RollCall. '7~ Minutes. a. Minutflhomthe-•CltyCouncil-of-4, 1998. ;(~ Sc~ed Vlaitors. !Please limit your presentation to ten minutes.I Non-Scheduled Visitors. !Please limit your ~on to five minutH.) tJ--Uf~~ ,A,J /( .. /-11 ; Communications, Pr6clemations, end Appointnwtta. Resolution appointing Michael Heberling • • youth liaison to the ~lewood Public Ubrsy Board. ' "' Publ7ng. (None scheduled) 10. Consent Agenda. Approve on First Reading . Approve on Second Reeding . Council BiU No. 81. extending the moratorium on miscellaneous licensing. until April 10, 1997. · • · .._ .... N,-._. • ......,_. ... ...., ............... ..., .. Cllf .. l.. d~W>• ...................................... ,... ·- I . .,---------------:--------- City Council Agenda ··-· . City Council Agenda Nowember 18, 1996 Pap2 ii. iii. [pJ.!i"1 o,Jt' iv. v. DJ·~' • , . • Council Bill No. 66, adding a new chapter (Auctioneers License) to the Englewood Municipal Code, end removing the license from the moratorium. Council Bill No. 67, adding a new chapter (Christmas Tree Dealers License) to the Englewood Municipal Code, end removing the license from the moratorium. Council Bill No. 68, adding a new chapter (Police end Detective Services Private Firm License) to the Englewood Municipal Code, end removing the license from the moratorium. Council Bill No. 69, adding a new chapter (Going Out of Business License) to the Englewood Municipal Cc,4e, end removing the license from the moratorium. 11. Ordinances, Resolutions, end Motions. a. Approve on First Reading. i. ii. Recommendation from the Department of Public Works to adopt a bill for en ordinance approving en Intergovernmental Agreement with Englewood Schools for fleet maintenance. STAFF SOURCE~ Director ofPublcWorb. . Recommendation from the Department of Public Works to adopt a bill for . ' en ordinance approving en lntergovemmentel Agreement with the City o~. Sheridan for fleet.ml!intrm. STAFF IOUIICE: ~ 111 leeattv./2..., Dhctor of Pubic Worb. . . "'t-· iii. Recommendation from the Department of Financial Services to adopt a " /) -· ~ resolution establishing licenaing fNS for Going Out of Business end 1 IV f',,ll'P" Damaged Goods Sales. STAFF IOUIICE: Fr-* Cllw ... wicz. Dhctor of Flnancial ....... iv. Recommendation from the Oepertrnent of Financial Services to adopt a {) qi/-resolution establishing lic:en8ing fw for Auctiol...,.. STAFF IOUIICE: f/. 1,0 f'\.JAI· Frank Gryglewlcz, Dnctar of Ai• chi S.wloaa. v. Recommeridetion from the Oepertrnent of Financial Services to adopt a 1 / .Al..u.J'1 R-· '6 resolution establishing licenaing fw for Chriatma Tree Dealers. STAFF H~ *""'' '1'° SOURCE: Frank ca. ,g1ew1cz. DnclDr of A.•IClal ...-.... off"'"' · vi. Recommendation from the Department of Financial Services to adopt a · • µ~ 0 0/ _ resolution establishing licenaing fen for Police and Detective Senlicu r..-,"1)"' from private firms. STAPF IOUIICE: ,,_ Clry ... wlaz. Dhctor of FlnancialS.wtcea. 0 "-_. N ,_. hevea ...ally• .... ..-.,Y ... •-----tllillfr .. 0,flll 7 ' ... ~MIIAII ....... IIOln ................................ ,... . . • .... I· , City Council Apnda Nol.ember 11, 1996 Pap3 vii. • • '· Recommendation from the Department of Financial Services to adopt • bill for an ordinance authorizing the execution of the undertaking agreement in connection with a refinancing of Uttleton/Englewood Wastewater Treatment Plant's loan. STAFF SOURCE: Frank Gryglewic:z, Dhc:tar of Flnmcial ...... .. a.A viii. Recommendation from the Uttleton/Englewood Wastewater Treatment IJ...,-•1 ,l) Plant Supervisory Committee to approve, by motion, a construction ~ management contract with Brown and Caldwell for the Plant's Phase 18 l f3 ,LtlV construction. STAFF SOURCE: Stawat H. Fonda, Ut11t1N Dhctor. 1 ~1 ix. Recommendation from the Englewood Housing Authority to approve • J /. o-1 motion authorizing the sale of Sherman Street properties to the T'' ilo .. -tJ) Englewood Housing Authority. STAFF SOURCE: Paul Malnowsld, '!' n .tlUAI,, ~-.,{)() Eucutlve Dhctor of EHA. . l ~ 1,11~,5 C b. Approve on Second Reading. ~:o-OJ.t,f) i. 1-4~J. ~ ii. Council Bill No. 84, appropriating funds for Fiscal Year 1997. Council Bill No. 83, adopting the 1997 Budget. ~~~ Ill. ~I BiN No. 62. •-1he 1998 ... Levy to< CGllection ;n · • ~~~k-~il Bill 53, amending large retail design guidelines.) ~ "1 v. cduncil Bill 54, amending R-1-A day care zoning . /./&-•"-~ -~ • a~...,11/ ?-o {) .......................... ,, ....... m. .... ..-.• 12 G ID. /. . ~ A /J ........... ..._ ....... ._ __ ._.,.,__., . enera ISCUS • \. S.cra,..~ .... _,... ___ ._.,....,.. .. _,... _ ....... ......, ....................... ., .. ................ ...., ... -...... ........ ., ...... •• Mayor's Choice . b. Council Members' Choice. 13. City Manager's Report . •• 14. The following minutes ware transmitted to City Council between 11/01/98-11/14/98: • Englewood Housing Authority meeting of September 25, 1998 . ..... nall: ff you a-.•......, wl 111811 ..-.,Y Ii*•---. ...... llllllfy .. Clly al C ' a I (76J.2495) .a .............. ~., .................. n..11,-. ' .. .... .. I· ., . • • . . Agenda Item 11 b v (Council Bi 1 No. 54) w._...,.... ................. .,._..._ .. __. .. ..,..._ ........ -A .... ,_.,......._ l'ailoll2-sc.,_ w._.. .. ..-,...., a....., ..................... .....,. ................................. -A .. .., ............ _ _. .. ..,_. ................ -fll"IIII-v ........... .....,_.... .. ~ .. _..,._.......,. .,.... ......,...,... .. ---. .......,.. ................ ,..<.,. ......,,v.....,a..,, .............................. .,0 re ._.,,.,_,_,.._....,._....._ ... _...__fllJao 3, ""' .................................................. _ ........ -A ... ......, ..... ......,_..........,;ra.,_.,.....,_.._. ... _ ..... ., .. ,. ...................... .. aa,,..,_ .................................. _ ......... .....,_...._ ..... .,~ .................................... _...,......, ... • . I. I • . , . • (. ENGLEWOOD CffY COONCll. ENGLEWOOD, AllAPABOII! COUNTY, COLORADO Nc.m•er 11.1"6 l . Cal .. Onler TIie ieplar aBUDg af tbe Eaglewood City Council -called ID Older by Mayol' Burm It 7 :40 p.m. 2 ......... 3. PlellF _, Alealece nc PledF af Allcgiacc -led by Mayor Burns. 4 . ...Cal Pnaeat: Council Memben Hldlaway, Capp, Wigim, Habeniclll, Vormialg, W...-r, a.. Allleat: ~ Aquanm_,._._ AIID preaeat: City Muaea' CJllt City ADDnley a.- ~ ID the City M--., Grace Deputy City Clat c.dc Open1icm M--., Ka¥ia*y, Nllic Warts DiroclDr Glypewicz. ,.._.. Servicm DiroclDr POlldl, Ulilitiel DiroclDr Malimwm, Bacl I DOd lbliq Aadlarity Neipball1aodada...~d1111m1• M-., ~ 5. ~ (a) COONCll. MDDU BATBAWAY IIIOVD. AND rr WAS Sll!CONDU, TO APPROVII! TIO MINtJ'nS or TIO UGULAa IIID'l1NG CW NOVDIIIUt 4, 1"6. Aym : CouDcil Memben lfllllnll,, Vanaial&, Wigial. lfllllaiclll, w...-,.e1app.a... Nays : ~ The IIIOliaa carried. 7 . N• • t ht Villlln I . • •r------------------------. Englewood CityCouncil November 18, 1996 Page 2 •, 0 - (a) Richard Dittemore, 2239 East Floyd Place. swell that be bas been a resident of Englewood for thirty-nine years. He said bis neigbborbood bas been good for n:sidcnlial living, a nice place to raise families. He advised that the issue before them tonight is dcfiDcd boch legally and emotionally. Z.Oning, be opined. camiot be perned by emotion because that is a slippe,y rock. He felt the purpose for the proposed 7.0ning cbanF is to make it easier for SW[ He said there have been ordinance violations and feels the State was incorrect in Dill checking the zoning at the time of licensing for daycare purposes. Mr. Dittemore staled that they are asking for spot zoning for a group of well- meaning people who did Dill n:alize they were in this legal spot. Spot mning is an attempt to give a special right to a group of propeny owners. be said, and is perned by emotions. He said there are bUDdreds of propeny owners wllOle rights will be aO'ected and who are not n:preaented bere tonight, whole zoning will be degnlded by allowing a business earaprise in a resideDtial 1.0IIC. If you have a special excepllld use, ti-you can have another bearing. but many of us, be said, are too old to come to bearings to cldend the integrity of our zoning. Reprding propeny values. be feels that when people come to buy a home, they cbedt the maing and they ask what changes are taking place in the neigbborbood. He said none have taken place, we don 't have any l111:1Sitional zoning and we don't have any Olber business enterprises there. This. however. gives the right to someone to come in, have a business. have playgrounds in the back. have an RV unload six kids and drop !hem in the neigbborbood. That isn't too bad. be said, because these people are lovable people. He stressed that be is not challenging them, but rather be is challenging what is happening to the underpinnings of zoning and zoaing integrity in this city. He feels it would be homogenizing commercial l.Olling with residential by the application of this ordinance. Mr. Dittemore expressed sympathy for the people involved. many of whom are innocent Some of them, however. probably bought because they figured they could have a daycare business in a residential mne. Once you sW1 breaking down the walls of &eparation of zone. the whole thing can crumble. The result. be felt, would be a city that does Dill have distinctive residential areas and the composition of the city and its regulalioos can be destro)'ed. ~ be said, while they can be sympathetic, have a burden of dealing with and enforcing their ordinance. He ra:ognized that it is hard for staff to enforce the ordinances. swing tbal these people could be bis friends . However. be feels that when they bring a business into his neigbborbood. they are invading the neigbborbood with something that we dido 't plan on when we bought our homes. This would be a baking down of the quality of the neighborhood and the propeny values. He asked Council to think the IDlller O\'U and remember those whose property rights are going to be afJectcd. (b) Rita Treichel. 4849 South Ga1apago Slnlr:l. told Council tbal she does not have a daycare in her home and no loop bas a need for a daycare for her children. She believes. however, that daycare in the home is the besl altemaliYe for the wodang pual because it allows the child to Slay in a close proximity to its home. It gives the child a familiar area to be in and Olber neigbborbood children to be with in a real home setting. She said she realizes -people think the more formal commercial daycare center is the best allenlalive for the wodang parent. Ms. Treichel staled her belief tbal prohibiting daycare in the home will take away the micdom of cboicc for many parents. which will negatively affect the desirability of living in this COIIIIIIWlity . Some years a,o. Ms . Treichel said. she made the choice to sray in Englewood where her daugbler was familiar with her in-home daycare family, neighbors and classmates. A later 1DOYC to Aurora -a miserable experience and she moved back to Englewood last year . She said she is saddened at the thought of the negative impact prolu'biting in-home daycare will have on the atmosphere of this community. She asked tbal the micdom of choice between in- home and commercial daycare be allowed. (c) Cindy Gagnon. J 183 South Race Street, said she bas been a licenled daycare pn,vider in the Hampden Hills community for the lall five years. She feels it is imponul to the Plffllll of her daycare children tbal she is a liccmcd daycare pn,vidcr, -... u unlicenled p,tNida', because findy, both she and her husband were finlC'llrinled and their blckgrounds were cbocbd by the FBI. Tbis -,,es the parents of a safe environment for their children. Sccoadly. Ms. Ga..-md. she is cum:nt in •. .. I· 0 • Englewood CityCouncil November 18, 1996 Page 3 0 • CPR and first-aid so that. in the event of an cmcrgcncy in her daycare home, she would be able to provide the nc:a:ssa,y care until the paramedics get there. Thirdly, she said. her house has been inspected and approved by Social Services and is a safe cnvironmcnt. The last point. she said, is that there is a limit on the number of children she can care for. Her pan:1115 can be guaranteed that there will DOl be large numbers of children in her home al any given time. Ms . Gagnon advised Council that they will DOl be able to relllCM: all daycare from a neigbborbood. only lic::cnsed daycare. Unlicensed daycare providers will remain, regardless of the zoning because pan:1115 need daycare for their children. They may be forced to put their children in an unlicensed facility. She asked Council to consider that daycare is a critical need that is not going to go away. She feels diminating 1iccnsed daycare providers will open the door for unlicensed providers to set the number of cbildrm they are going to watch and how safe their house is. (d) Connie l.e\>y, 674S South Clcrmoat SIRel, told Council that she is a licensed daycare provider in Arapahoe County. She has hem in this business for twenty-two years and has been an instructor. assisting caregivers in their licensing process. Ms. Levy shared that there are very few family units that can still exist on one income. One of the options for the woman in a private home is to choose to provide daycare for children other than her own. She advised that Colorado ranks in the top ten SlalCS in the country with regard to on-going training and license requirements. She stressed that she docs not wish to have spot zoning, pointing out that there are lots of other reasons for wortcing out of your home, such as people who work with computers. people who work for the City and have computers in their home, people who work out of their garages. those who sell Avon and Mary Kay. These people, she said, are not required 10 have business liOCIISCS because they doll 'I write off' a pan of their home as taxes. Ms. Levy said daycare is a business with a bean and they wouldn't be in business if there wasn't a need. People need someone to care for their children. licensed or unliccnscd. center or home, it really docsn 't matter. What the City has to come to terms with is solving the problem. as did Aurora and Sheridan, by allowing daycare in the home with a City business lic:emc. She requested that the City let the providers know what it requires prior to their being licensed by the Slalc . Ms. Levy said this information should be readily available to anyone who wants it It should be published on a quancrly basis so that they aren't surprised after many years in business. She said she rally docsn ·1 have an opinion as to which way the zoning should be. but she wants the information to be out there prior to somebody being licensed. (e) Jackie Howard, 1072S West Onwio Place, Littleton. pointed out all the people present who support in-home daycare and acknowlcdpd thal this is an emotional issue. She stated that. as the first gentleman said, this is a slippery rock. it is our cbildrm' s future . She said she wants someone who will be responsible for that. someone who will like care ofbcr children. and. unfortunately, not all ohs can be home with our children like we would like to be. We c:1-daycare. she said. that we fccl will be responsible. that will mold our children. and who know us and our values . Ms. Howard said she has been a lcncr carrier in this area for O\<el' ten years . She said she ~ the neighborhoods and she ~ there arc insurance businesses run out of the homes. as well as dlyarcs. Sarah Coventry, Mary Kay , and a lot of others. She docs not feel this kind of thing aff'cas prupcrty values al all . The realtor Oycrs she secs when delivering mail support that statement. she said. and aacrtcd that Englewood homes sell for top price. She feels the property values are not what is al stake here. but rather. there are a few people in the neighborhood who don 'I want to be bothered with a lowly daycare . The reason their neighborhoods are what the)• arc is because when their kids were growing up they had laughing children in the neighborhood. they had an opportunity to loot al the~ through a child's eyes, and they need to look al daycare as our future . instead of as a lowly businca. She said anyone who is opposed to that, shame on them for letting down our kids. (f) Vera Montez. 292S South Elati SUect. poilllCd out thal she has been in Englewood thirty-live years and has been doing daycare for cigblecn ycan. She read the following 1eUcr from the Governor's office : "Dear Mayor Bums : I Ulldcraand that the Englewood City Council soon will be considering amendment of the R-1-A zoning l'Cllrictions for in-home day care providers . As the ... I • C • Englewood CityCouncil November 18, 1996 Page 4 0 • Governor's Policy Din:ctor for Families and Children, I would like IO urge you and the council to repeal the ordinance tha1 makes family child care businesses in certain residential areas illegal. As you know, child care is a vital service for Colorado families and an issue tha1 has been a high priority for Governor Romer. Currently, over sixty percent of mothers with childml Wider the age of six are in the workplace. It is essential tha1 parents have quality child care options so tha1 their chiJdml can receive the best care possible when Ibey have IO be at wort . Family child care is an extremely convenient choice for parents because it provides quality child care in the family's neighborhood. As we move ahead to sua:cssfully implement -1fare reform, ii is critical that the child care systcm can adequalcly meet the demand for care. Adequate capacity will depend OD local communilies' abilities to lake the lead in creating environments in which child care innovation can flourish. Colorado has been recognized for our strong commilment to enhancing the child care S)'SICm and family child care facililies are an important part of that enbanamc:DI Again. I urge your to allow Englewood to implement quality family child care facilities in residential areas . The families of Englewood will benefit from your fORSight. Thank you for your most thougblful considcnwon of this important issue. Sincerely, Sally Vogler. Policy Director for Families and Childml." (g) Debbie Smith. 7197 South Fairfax Court, Liltleton, told Council she uses an in-family daycare at 3126 West Pimlico Drive. She informed Council of the reasons she chose her daycare provider, explaining the lengths she went IO in finding the right home in which to place her then four month old son. She told of cbccking cenlers with ten babies per caregiver, wbcrc none of the babies were picked up in the hour tha1 she was there. She also spoke of checking in-home daycares where tbcrc were more children than she, as an educator. could handle. Ms. Smith also checked licensed homes that were unwilling to lake her son because be was considered a high maintenance baby who required a great deal of individualized attention. Her current daycare provider was the first person whom her son would allow to hold him without crying. Ms. Smith described the daycare home as being set up with individual play areas and tbcrc are kids of varying ages with which to interact. She explained Iha! she drives twcnty minules to drop her son at daycare. Her son loves to go to this daycare provider and Ms. Smith said she docs not want to lose her. She asked Council IO please not lake away her daycare. (h) Frank Miner. 3121 South Vine Street said he has lived in Englewood since 19S4, except for a five year period between 19S9 and 196S . After living in Winois. he and his family decided Ibey wanted to live in Englewood again. His wife told him that. if be could find a house in their old neighborhood in Englewood. be should go ahead and buy it because she knew Ibey would be happy there. For the last twcnty•five years. be said. he bas been a real eswc broker and licensed appraiser in the SWe of Colorado and has some idea of the value of property. He cxprCIICd fear tbal if we permit ~ in the homes in Englewood. it will be opening the door to OCbcr basin rm from the home. which will desuoy our neighborhoods. It will increase noise and lJ'lffic and bring suaqen inlo the neighborhoods. It puts for-profit busincacs in our neighborhoods and opens the door for odlers to come in . Mr. Miner Slated that yesterday morning be bad KOA OD the radio and he heard them quote a City statJ member ol Englewood as saying that all ol statJ would approve this change in ou, zoning. He feels it is improper for a staff member to say that publicly and to be allowed IO be quoted owcr the radio. Scvcra1 neighbors told him they heard the same thing OD television . He advi9ed Iha! there was a problem and dilCUllion owcr homes for the elderly and bandiappcd. The fcdml govcmmena says we mus1 permit them in our zoning in Englewood and we do, he said. The State says these homes mUSI be 7SO fCICI aparl. although he bas two in his neighborhood that are 416 for1 apan. Mr. Miner feels Englewood is 11111 going IO comply with the Stale rcgulalioa. How many daycare ccmcrs can we have. bow far apan do Ibey have to be? He lllked, also. who will supervise the ~ CCIIICrl. who will cbcck the biJth ccniftcaus aad who will lcll the c hild he has to leave because he is IOO old. Mr . Miner opillod that ii is 11111 -mgeablc and tbal the property values will be deluuycd in Englewood. He does not feel tbal we need it bae, althou&b he allowed that we should have daycare in its proper place and the proper type ol lUIICllll'C and -•• M I • ------------:------···-------------:---------:--J • • • Englewood CityCouncil November 18, 1996 Page 5 0 • • (i) Ma,y Paxson, 6428 South Steele Street, reiterlled commeots that she made a couple of wa:ks ago. She said the Governor's office has recognized that sixty pen:mt of the mothers with children Wider the age of six haw: to work today and are in the work force . Her n:searcil showed. using the City 's demographics, that there are fifty percent of the homes in Englewood with bodl people womng. You 've got 17,000 cbildreo within a three mile radius of this area and seventy..fiw: percent of those people are c:onsidered low to moderale income. Again. she said. to put her two cbildren in commen:ial daycare would be Sl,200 a month . Ms. Paxson told Council that she blldy brings home Sl,200 a IOODth. yet her income is necessary to keep her boulebold running. Daycare in Englewood. she said, is an essential service. People are a,ncerned about their property values, but to elimi8* daycare from the home is going keep young people from moving into the ara i-s Ibey CIIIIIOl fiDd home daycare. She feels that will devalue your pruperty because there -'t be young people to rdiutlilb the property and to bring newness into this City . Thal, she said. sbould be a coacem to the people• well (i) Edward Geiqe Harri-. 3161 South Race Street. said be, too, liws in Hampden Hills, where millionaires 1M: in an area a mile south aC him. Three miles IDUlb. billionaires live. He feels we are too much coocemed with the people that have spoken who are wealthy. He said be gmw up as a poor boy. His mother wanted him to get an education and be now has twenty-two years of educ:atioo, sixteen years studying law . He said be honored his mother and his Lord and Savior Jesus Christ. Mr. Harrison cited iDSlaDCCS in billOl'y when countries fell because the wealthy ruled. He said be feels it is time. with forty-two paramilitary organizations in America. for govemment to listen to the voices of the poor . He asked that the Council be guided by the hand of Almighty God when Ibey make this decision and be guided by their c:onsciences. (It) Judy Eggleston of Boulder County, President of the Alloc:ialion of Family Child Care, responded to previous questions reprding who would cbec:k OD the birth cenificala of the daycare children and dial type of thing. She advised that daycare providen can be visited at any time by the Department of Health to check all of their immunizalion records. Allo, without notice, the Department of Social Savic:es may cln,p in wbedler Ibey have bad a complaint or not. 11ley will ask to see such things as your disulcr plan. your signed COlltraclS. and the physical records OD all of the children. Annually , she said. when they renew their licenaes. daycares are required to IClld docnmnMllion of the number. age. etc. of all af the cbilclral in their care. Ms. Eggleston -.Rd Council that tbere are a lot of checks and balances to make .aR Ibey are not running over their limiL She asked thal they ra::ognize the f'aCl that Ibey are trying to a,mply with Slate law by having licenlcs and by paying the fees . She said many of them would slldly pay whalcver fees the City would like to impale. She said there is a biger problem to address in unlic:meed child care that ha run amm. No one ha~ or c:becked them in any way . She feels it is appalling that Colorado panmeat does not bother to ad'orcc the law requiring child care facilities to be liclenled. This malla it very bani. she adYillCIL for tlloe who haw: licenlcs to 11ay in business . She said she would like to see --in the City addral thal a put a IIOp to unlicelllcd child care and help the people who are trying to openlC legally . (I) Tlllda Gatewood, IO IS West Slanford Place. reminded Council that she is the one who had her daycare shut down due to a neighbor dispute. She said the prublem -belween hendf and the neighbor. DOI the children . The neighbor has since sold her home and --9 nay, Ms . Galcwood explained. but. during the two wa:ks that she WU shut down. she hid DD ..,_ for her children. for whom she is sole provider. Since that time, her mother ha milled her ftaucially, she said. She added that ii is not jull her. there are many others who are trying to make na1ptc paymeau and awoi, their families. but doa 'I do daycare jull for the~-It talu:s a special..-,• feds. IO kM and care for other people ' I cbildren. (m) Kathy McBride-Ello«. 40 IS Solllh Ba-* Street, .... 11111 • did c:llild case • another addral for Iliac~ After her di-. Ille bad IO .U die llaae llal. caalialll lO do~ I . 0 • Englewood CityCouncil November 18, 1996 Page6 0 • care rather than go on welfare. She said she bas been doing cbild care for thirty years and bas been licensed for fourteen in Englewood. Ms. McBride-Egloff" told Council that she pays her dues and pays high taxes because she is self-employed. She explained that she teaches the children in her care to have rcspccl for the rights of people around them, to be quiet • they play in the yard, they take walks and smell the flowers but do not pick them. Daycare people havc to keep their homes clcaDcr than most people, inside and out. She fccls child care is a very imponanl thing and dial they ae mothers who ae bringing up the future generation of America. (n) Joan Smallwood. 4737 South Fox SCreet. addn:wd IOIDC of the comments tbal were made carlicr by some of the oppoliog gendemea. SIie aid dllll bodl m tbcle ptlcrncn have bad a licensed daycare within three blocks of their homes far Ille last me yan. Since, in an R-1-A area you ae imposed upon to be a walCbdog and a tattlclale of your neigbbon. she asked why they haven 't reported them. Obviously. she said. their property values havc aot been d'ec:led. _. bas the allDOlpbcre mtbcir pristine neigbborboods. She asked iftlle realtor bas an office in his home, became ifhe does. be had bcUcr close it down. The same goes for the anomey, she advised. Residents of Englewood ae reliant upon liccnscd daycare because we don 't havc a Kindcrcarc or a Children's World for the parents to choose from . They really must choose from home bued ~ she said. Currcndy, there ae only about sevcnlCCn openings in the various child care facilities in Englewood. she advised, and, roughly, the closure or disruption of the current licensed daycares would roust about a hWldrcd plus children. She asked Council to keep tbal under consideration. (o) Jackie Watkins, 3126 West Pimlico Drive, said she is the daycare provider for one of the mothers who spoke earlier. She remarked lhal this is very important to the licensed daycare providers. To become licensed, they had to answer many questions about the suitability of their houses, and put money out to take classes. Two years ago. wt-she -looking for daycare for her two childml, Ms. Watkins fOUDd that about seventy-five pcrocnt of COIIIIIICICial daycares will not take a child under the age of two and a half. Most daycares require the cbild to also be potty lnlincd or they have to be one and walking. In-home daycare providers lake them • six weeks on up until they ae ready to 5lart preschool. She asked CounciJ to take this into considenlioa. She cited the circumstances of her brother-in-law and his wife who arc due to have a child in April. who havc cbcckcd into daycare in the Englewood area. They will have to be on a six month wailing lilt. In COIIIIIICICial daycares, the tacber to child ratio is one to twcnty or twcnty-fivc. Licensed, in home daycare providers adhere to the ratio allowed by the liocmc. (p) Nick Nccly. 79S8 Soudl Dann SCreet, Lialdoa. lllid be bas two-who havc goac to daycare in Englewood. He thinks Englewood sllauld .... to llbacl IOIDC kind of a youlll mmcment into this area. He bas noeiccd the decline of the~ ara. spccifically CiDdcrdla City. With the large number of older people in Englewood. be feels lllcrc is 1111 oac here to support Ille infiasuucture of this city . If you ae not pro-youth, pro-young families. obYiolllly they arc 11111 going to come into this community to support the on-going economic dcvelopmcal here. be said. ( q) Cher Melichar, 12006 Blacktail Moua1ai11. Littlclon. told Council that her grandchildren go to a daycare provider in Englewood. She told of the difficulties they had in finding someone to take care of her granddaughter, who wu another one of those high maintenance babies. If you can find someone lhal you trust enough to care for your chilcl. she said. and dial can give the child the love lhal you ' re not able to give while at wort. it sbould 11111 be taken away from them. Ms. Melichar said her grandchildren love going to their daycare provider. she worts with them and helps them learn lcacrs. She streaed the difficulty in finding good daycare for infaals, or high maintenance children. (r) Dawn Rhods, a board mcmbcr for Ille Anpahoe County Family Child Care Auociation. told the Council that she bas been working OIi Ille Gawenlor ' I committee lhal has been setting up Slalldanls for early cbild care cducalion. Wbedlcr people are in centers or bomcl. the baic skilll arc llill .. I· 0 • Englewood CityCOUDcil November 18, 1996 Page7 • • ,. all the same, she said. of what would be required to give a child the best quality of care. Most providers are geaiog more hours of training than Ibey are required ID by the Depu1ment af Human Services. She asserted that they rally care about what Ibey are doing and want to offer the best care that Ibey can. She said what is bappeoing hen: could happen anywhere and it is not fair to any of these pareatS. (a) A resolution appointing Micbael Heberling • youdl liaiDl to the Public Library Board was aHISidl:n,d. RESOLlITION NO . 92, SERIES OF 1996 A RESOLlITION APPOINTING MIOIAEL HEBERLING AS YOlTlll UAJSON TO 1llE PUBLIC LIBRARY FOR 1lfE CITY OF ENGLEWOOD, COLORADO. COUNCIL MEIDER HATHAWAY MOVED, AND rr WAS SECONDED, TO Al'PltOVE AGENDA ITEM I (a) -RESOLUTION NO. '2, SDIES Or 1"6. Ayes: Coacil Mcmllas Hadlaway, Vormittag, Wiggins. Habeaicbt. w...-,. Clapp, Burns Nays: Na. The motion carried. Mayor Burns lllaaked Mr. Hdlertiag for wl ....... ID llne OD the Public Library Board and praealed him with a cenific:ale and a City pin. 9. l'lllllic Jleariac No public bearing -scheduled befoR CmKil. 10. c ..... Aamu (a) ApprollC on Finl Rcadillg There were no ilCIIII for approval on fira iadilta- COUNCIL MEIDER HATHAWAY MOVED, AND IT WAS UCONN9, TO Al'l'llOVK AGENDA ITEMS IO (II) (i) TBaOUGB (Y) ON S&COND HADING. (i) ORDINANCE NO. 55, SERIES OF 1996 (COUNCll. Bll.L NO. 61 , INnOOUCED BY COUNCll. MEMBER HAnlAWA Y) AN ORDINANCE Exn:NDING 1llE TEMPORARY SUSPENSION OR MORATORIUM ON CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR AN ADDmONAL PERIOD OF FOUR MOl'mfS. (ii) ORDINANCE NO. 56, SERIES OF 1996 (COUNCll. Bll.L NO. 66, INnOOUCED BY COUNCll. MEMBER HAnlAWA Y) I . • • Englewood CityCouncil November 18 , 1996 Page 8 0 - AN ORDINANCE REPEALING 1TILE S, CHAPTER 12, SECilON IA, OF 11fE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO AUCilONEER LICENSES AND ENACTING A NEW CHAPTER 18, AUCilONEER AND WHICH REMOVES AUCilONEER FROM ORDINANCE NO . 2S , SERIES OF 1996 WHICH PERTAINS TO 11fE MORATORIUM OF LICENSES IN 11fE CITY OF ENGLEWOOD, COLORAOO. (iii) ORDINANCE NO. S7 , SERIES OF 1996 (COUNCil.. Bll.L NO. 67, INTRODUCED BY COUNCil. MEMBER HATIIAWA Y) AN ORDINANCE REPEALING 1TILE S, CHAPTER 12, SEcnON IA, OF 11fE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO CHRISTMAS TREE DEALERS LICENSES AND ENACTING A NEW CHAPTER 12, CHRISTMAS TREE DEALERS . (iv) ORDINANCE NO. SB, SERIES OF 1996 (COUNCil. Bll.L NO . 68, INTRODUCED BY COUNCil. MEMBER HATIIA WAY) AN ORDINANCE REPEALING Tl1LE S, CHAPTER 12. SEcnON lB, OF 11fE ENGLEWOOD MUNICIPAL CODE 191S PERTAINING TO POLICE AND DETECTIVE SERVICES (PRIVAlE FIRMS) LICENSES AND ENACTING A NEW CHAPTER 22, EN1TlLED POLICE AND DETECTIVE SERVICES (PRIVAlE FIRMS) AND WHICH REMOVES POLICE AND DETECilVE SERVICES (PRIVAlE FIRMS) FROM ORDINANCE NO . 2S , SERIES OF 1996 WlilCH PERTAINS TO 11fE MORATORIUM OF LICENSES IN 11IE CITY OF ENGLEWOOD, COLORADO . (v) ORDINANCE NO. S9, SRIES OF 1996 (COUNCil. Bll.L NO. 69, INTRODUCED BY COUNCil. MEMBER HATIIA WAY) AN ORDINANCE REPEALING 1TILE S, CHAPTER 12, SECilON 3, OF 11fE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO GOING OtJr OF BUSINESS AND DAMAGED GOODS SALES AND RE-ENACTING A NEW CHAPTER 17. Vote.-111: Ayes : Nays : The motion carried . Council Members Hathaway, Vorminag, Wiggins. Habenicht, Wagoner. Clapp. Bums None II . O,._,R111C._.Mil~ (a) Appnl\'C Oil Fi.-Rcadiq (i) Openlioos Mana,er Kavilllty praenled a recommendalioo from the Depanment m Public Worb IO adopt a bill for an onlillallee IIIPftMIII an ~tal lgRCIIIClll with Englewood Public Schools for fleet maimeunc:e He adYim Council that the anticipaled - from this in 1997 is SS ,000 . He said the City bas performed this service for the previous four yean and is currently under such an .-r with the scbools. Council Member Wagoner asked the prmaus baurty '*· Mr. Kavilllty rapoaded tbal it -$34.00 an hour and bas boca raiml IO $36.00 u hour. Council Member Vormittq asked if they bad any problems with that, IO wllidl Mr. Kavilllky 1apoaded thaa they bad noae wballoeYer. The Clcrt read Council Bill No . 71 by lillc : ... I . 0 -------------------~, . • Englewood CityCouocil November 18, 1996 Page9 • • COUNCIL BILL NO. 71, INTRODUCED BY COUNCll.. MEMBER HA1HA WAY • A BILL FOR AN ORDINANCE APPROVING TifE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN TifE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY TifE CITY OF ENGLEWOOD WILL PROVIDE TifE ENGLEWOOD PUBLIC SCHOOLS WTIH VEHICLE MAIN'IENANCE. COUNCll. MEMIIIER BATBAWAY MOVED, AND rr WAS SIECONDIED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCB. 811.L NO. 71. Ayes: Nays: The motion carried. Council Members Halbaway, Vormiaag, Wiggins, Habeaiclll, Wagoaer, Clapp, Bums None (ii) Operations Manager Kavinsky presented a recommendation fiom the Department of Public: WOfks to adopt a bill for an onlinaDce approving an mtergoYerDmalla agra:mmt with the City of Sheridan for Oeet maioteoaocc. He advised Council that this is exactly the same thing, that we have bad an agreement for the past four years. This will also be at a ralC of $36.00 an hour, with an anticipated revenue ofS2S ,OOO . The Clerk rad Council Bill No. 70 by title: COUNCIL BILL NO. 70 , INTRODUCED BY COUNCIL MEMBER HA1HAWAY A BILL FOR AN ORDINANCE APPROVING TifE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN TifE CITY OF ENGLEWOOD, COLORADO AND TifE CITY OF SHERIDAN, COLORADO WHEREBY ENGLEWOOD WILL PROVIDE TifE CITY OF SHERIDAN WTill VEHICLE MAINlcNANCE. COUNCll. Ml.Mal.a BATBAWA y MOVED, AND rr WAS SIECONDIED, TO M'l'aOVIE AGENDA ITI.M 11 (a) (ii) -COUNCll. 811.L NO. 71. Ayes : Council Members Halbaway , Vormiaag, Wiggins, Hlbeaic:bl.. w...,.... Clapp. Bums Nays : None The IDlllioa carried. (iii) Dileaor Orypewicz prCllellled a reawmcndafioo fiom the Dcputment of Financial Scrvica IO adopt a resolution atablislli• lic:ellliaa m for Going Out of~ and Damaged Goods Sales. The fees. he said. line llllt cllaDpd fiom prior years, the only thing lhat is changing is lhat there is a --rauodlble fee of SI0.00 for the licemc applicalion. He told Council they would see that on all these resolutiolll . The resolution -assigned a IIUlllber and tad by tide: RESOLUTION NO. 93 , SERIES OF 1996 A RESOLUTION ESTABLISHING FEES FOR OOING Ol1r Of BUSINESS AND DAMAGED OOODS LICENSES UNDER TinE S, CHAPraR 17. Of TIIE ENGLEWOOD MUNICIPAL CODE 1915 . .. I· , -----------------------..c------------------------------- • Englewood CityCouncil November 18, 1996 Page JO • • COUNCU. MEMBER HATHAWAY MOVED, AND rr WAS SECONDED, TO APPROVE AGENDA rrEM 11 (a) (iii) • RESOLUTION NO. 93, SERIES 01' 19'6. Ayes : Council Memben Hadlaway, Vormiuag, Wiggins. Habcnicbt. Waggoner, Clapp. Bums Nays: None The mocion carried. (iv) DiJec1Dr Gryglewicz pi--.1 a FO 1MNW from die Depanmeal al Financial Serviccs IO adopt a raollltiall ellllblifhi• liccatia& ,_ flll' Allcboaeers. He advised tbat ~ raolutiaa is clac to cbupl ia die -clllpls dlllt -...... ---~ ..... dlis cwaiDg. The raolutiaa -alliped a mmlla' ud rad II, lide : RESOLlTTION NO. 94, SERIES OF 1996 A RESOLlTTION ESTABLISHING FEES FOR AUCTIONEER LICENSES UNDER Tl11.E 5, CHAPTER 18, OF TIIE ENGLEWOOD MUNICIPAL CODE 1915 . COUNCD. MEMBER HATHAWAY MOVED, AND rr WAS Sl:CONDED, TO APPROVE AGENDA rrEM 11 (a) (IY) • RESOLUTION NO. "· SERIES or 1"6. Ayes : Council Memben Halbaway, Vonaiuag, Wiggins, Habenicht, Waggoner, Clapp. Bums Nays : None The motion carried. (v) DiJeclDr Gryglewicz praeated a reoommendMioa from the Deaprtmcnt al Financial Services IO adopt a raolutiaa ellllblifhina lic:eMiD& fees for Cluillma Tree Dalen. He advisedtbat~raolubwWthelirmleud-aN ... udWtheclcanupclcpolitfor ChristmH Ttee Dealen in the City afEapwood. The raoluliall -alliped a lllllllller ud rad II, lide: RESOLUTION NO. 95 , SERIES OF 1996 A RESOLUTION ESTABLISHING FEES POil <lDUS1MAS 11U!E DEALERS LICENSES UNDER Tl11.E 5. CHAP'1U. 12. OF 11iE ENGLEWOOD MUNICIPAL ax>E 1915 . COUNCD. MDOU BATBAWAY MOVED, AND ff WAS SECONDO, TO APPROVE AGENDA mM II (a) (Y) • USOLUTION NO. '5. SUIU or 1"6. Ayes: C-=il ._... Hadlaway, Vonaiaag. Wigial. Habenicbt, w.....,.0app.a.. Nays : Nca The IDlllion carried. (vi) Diw Gryllewicz,..... am 1nioa 6am die Depanmeat al Financial Servicel IO adopt a......_ 1•··¢1 .... flll' Palice ad Dcllclive Selvm from pri-. firms. He told CouDc:il dial dlil allO .. 11111 wlic:etine 1111 wllic:II ii SI 10.00 . nil ii~ be said, since M U'C lllMnlll -«-1 flll' 1M ....... ....._. dlldt. The raolutiaa -alliped a ...._ ad tad II, lide: I. • • 0 - Englewood CityCouncil November 18, 1996 Page II RESOLtrnON NO . 96 , SERIES OF 1996 A RESOLtrnON ESTABLISHING FEES FOR POLICE AND DETECTIVE SERVICES (PRIVA'IE FIRMS) LICENSES UNDER Tl11.E S, CHAPTER 22, OF TifE ENGLEWOOD MUNICIPAL CODE 1985 . COUNCll. MDIBl.ll HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM II (a) (YI) -RESOLU110N NO. 9', sauES or 1996. Ayes: Council Memllcn Hadiaway, Vormiuag, Wiggins, Habenicbt, Wagoaer, Clapp, Bums Nays : Noac The motion aaried. (vii) Direclor GrygleMcz placated. ra:ommendation from the Dcputment of Financial Services 10 adopl a bill for an ordimncc aabormng the execution of the lllldcrtaking agRCIIICllt in connection with the rdinancing of a LittlctoalEnglcwn Wastcwaler Treatment Plant loan. Mr. Gryglcwicz explained thal the Colorado W,us Ri:sources and Power Development Authority is rdunding some of the debt thal the City IIICd 10 filDd Ullpl'IMIIIClll 10 the Water Trcanncnt Plant. Due 10 changes in SEC regulations, he said, wc oow haw 10 CDtcr into an uadcrtaking agrccmcnt. The agreement is that the City will provide certain financial information on an on-going basis that is oow requin,d by the SEC. Responding to Mayor Bwns, Mr. Gryglcwicz cxplaincd tbat the Colorado Water Resources and Power Development Authority is a State body . WIien tbcy JCl a pool offimds, he adviled, tbcy allow was1eWa1a and utilities 10 borrow those funds al lower tbaa marlu:t rares 10 dc\'elop utilities. Council Member Hathaway asked if this will iD any way afl'ect our aarn:nt bonds or our auTClll loan with them. She asked if wc will ralizle any 11101C or lea money from the loan proa:eds. Mr. Gryglewicz rcspoodal tbat WC should see a savinp iD our ddlt savice through this. Tbcy will refinaacc the bonds al a lower Jal&:, be cxpl•i* wbicb will flow back 10 the City, ID that will be a benefit. Mayor Bums asked if the Audlority -aaled to be • CODdllit, or a fimDcing llllll'CIC. puraam 10 the availability oCFedenl funds. Mr. Gryglewicz coafirmal dial llalaDclll, adding dial we may a110 look al them iD coaneclioll with the water ~ iD die lilblrc if the funds an: awilablc. Mayor Bums asked if that is for refinancing, 10 wllicb Mr. Gryllewicz rapoaded tbal it ~ be new money . Council Member Habenicht asked for clarificalioll • to wllclller this is for was1ewa1er uatmeat. DIil the waler plant. and whether this bas IO be appn,vod by l...ialdm a well . Mr. Gryglcwicz responded that this is for wasleWaler. and that Littlelon is doing tbeir '19el**IY. He said there an: a number of other entities involved in this and they arc doing their own ._ or resollllions . The Clcrt was asked 10 read the council bill by title : COUNCIL BILL NO . 72 , INTRODUCED BY COUNCIL MEMBER HA 111A WAY A Bll.L FOR AN ORDINANCE AtmK>IUZING AN OO'EROOVERNMENT AL AGREEMENT BETWEEN TifE COLORADO WATER RESOURCES AND POWER DEVELOPMENT Al.TTHORITY AND TifE CITY OF ENGLEWOOD , COLORADO EN1TJ1.ED "OBLIGATED PERSON 'S UNDERTAKING TO PROVIDE CONTINUINO DISCl.OSURE .~ COUNCll. Ml.Mala BA 111AWA Y MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ri) -COUNCll. all.I. NO. 72. ·- I· 0 • . .------------~--------------- Englewood CityCouncil NoYanber 18, 1996 Page 12 Ayes : Nays : The motion carried. 0 • Council Members Hadla1way, Vorminag, Wiggins, Habenicht, Waggoner, Clapp, Bums None (viii) DinaDr Foada plaenled a lffl!IDmmdarioo from the LittletoalEnglewo Wastewaaer Trallllelll Plul Superviloly Onmiarc: to appn,vc, by motioa. a COIIIIIUc:lion maaagrmem CODll'aCl with Bruwn ud Caldwell b the Plul's I"-18 ClOIIIUUc:tion. Mr. Foada said the reoommcnded am&Jlllll b die CXllllncl is Sl,135,416 ud that the c:oa5lJUclion should mn early next year, in Jamary. He added that bids are Qll'l'aldy bciag 111ml. Council Member Wiggins oomm 1 that the peaplc in die audicac:e should be awan: that the n:Camdum OD Nowmbcr'S ballot rcpnling boads to fiaamz the building o(this walCI' plant c:amc about because WC were trying to obCain bonds • a Iowa' amount that would mire the bonds a year earlier than they would have been ordinarily . This would have a-i our taxpayerS from $700,000 IO a million dollars. We arc required. he said, by federal mandare to redo our walCI' tralllllelll plant to bring it up to standards. As a result of the vote, he stated, wc taxpaycn in the City oC Englewood arc going to take on paying taxes for a year longer. He said he just wanted tbem to be awvc oC that. Council Member Waggoner asked for c:larific:alion that this IDOlion is for the wastewaler treatment plant, not the wa1Cr plant Mr. Fonda said this is for the W1lltCWlller treatment plant Council Member Habenicht said she c:an 't let this one ID without ming the odor question. She asked if this will pn:tty much fix our problem with odor • the plant Mr. Fonda rcspooded that there arc some odor improvemcntS inc:ludal in this work. COUNCO. MDDD WAGGONER MOVED. AND IT WAS SECONDO. TO AOTBOIUD TIO CITY MANAGO TO SIGN no: nonssJONAL SltRVICU AGREDUNT wrre BROWN AND CALDWELL IN TIii: AMOUNT 01' $1,135.416 TO PROVIDE CONSTRUcnON MANAGEMENT AND ENGINltltRING SltllVICltS JOR PHASE IB 01' 11U W ASffW A TDl TREATMltNT PLANT IMPROVDUNTS. Mayor Bums akat for c:larific:alioa that this CIOll will be iplit fifty fifty ud that this is DIil jail our part. Mr. Fonda staled that this is the IOlal to be split Eqlewaod. lie llicl. aclminiwn the CX1111bK1S. Ayes : Nays: The motion carried. Council Members Hadla1way , Vonninag, Wiggins. HabCllic:ht, Waggoner, Clapp, Burns None (ix) Execut.iw: Dircc:tor Mali-*i pcacaled a rec:ommeodalion for the Englewood Housing Authority to approve , by motion. authorizllioa for the sale o( Sherman Street propenies 10 the Englewood Housing Authority. Mayor Bums 5laled that. siDcc he is the am-o( die EDpWOOd Housing Authority board o( commiaioners, he will abaain &om dilClmioa OIi this ilale. Mr . Mali-*i llaled that. about a year ap. WC C....S • aplioa CIOlllnCt D the praperty in die ~ block oC South Sbcnnan Stnlct. We cldCllded tllll via Couac:il ac:aioll about lix 11111111111 ap. lie aid, ud thal cxtelllioa is about to expire. The Hauliaa Alldlarity -.Id lib IO pun:llaa the cmaact ocipl. he llaDd. or CIIICI' illlo a purdlaK CIOlllnCt ilr die-. prapeny . We bawe coac c:lae ID hllizilll- ..... .. I . 0 • Englewood CityCouncil November 18, 1996 Page 13 <. • ,~ • plans for the property and will be submiaing dial in the -fulin to City Council. He Slid Council Member Halhaway bas sc,en some of the prdimimsy drawiap 111d adviNd that Ibey have met with the ncigbborbood residenls OD two sc:pmale occasima to IC( their input. They then went back to the neighbors to show llan whit was developed. It is Im mlils, be explained, for Sile to people of mixed income. It will be very attradive, be added. COUNCB. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE TID SALE or TBE soum SHERMAN STllEET PllOPEa1'IES TO TIO ENGLEWOOD ROUSING AU1BOIUTY IN TID AMOUNT or Slll.511. Ayes : Council Memben Hadlllway, V--Wigim. Habellicht, Nays: Abslain : 1bc motion carried. Wagoner, Clapp None MayorBwns (b) Approve on Second Reading (i) COUNCB. MODER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (II) (i) ON SECOND READING. ORDINANCE NO . 60, SERIES OF 1996 (COUNCD. Bll.L NO. 63 , IN11l0DUCED BY COUNCIL MEMBER HATIIA WAY) AN ORDINANCE ADOPTING 1HE BUDGET OF 11IE CITY OF ENGLEWOOD. COLORADO FOR 1HE FISCAL YEAR 1997. Ayes : Nays: 1bc motion carried. Council Memben Hadlaway, Voraiallg. Wigim. Hlbcllicbl, Wagoner, Clapp. Burm None (ii) COUNCB. MUDD HATHAWAY MOVED, AND ff WAS SECONDED, TO APPROVE AGENDA ITUI II (II) (II) ON SECOND HADING. ORDINANCE NO . 61. SERIES Of 1996 (COUNCIL Bll.L NO . 64. IN11lODUCED BY COUNCIL MEMBER HATIIA WAY) AN ORDINANCE APPROPRIATING MONIES POR ALL MUNICIPAL PURPOSES IN 11IE CITY Of ENGLEWOOD , COLORADO, IN 11IE FISCAL YEAR BEGINNING JANUARY 1. 1997, AND ENDING DECEMBER 31 , 1997, CONS1T1Ul1NG WHAT IS TERMED 11IE ANNUAL APPROPRIATION Bll.L FOR 1HE FISCAL YEAR 1997. Aya: Nays : 1bc motion carried. ~ Melllbcn tladlaNy, Vonaiaa&, Wigial. Hllbaliclll. w...-. Clapp. a.. No. .. I . , • Englewood CityCouncil NOYClllber 18, 1996 Page ... • • , . (iii) Council Member Clapp Slab:d for tbe record 1h11. although she bas no problems supporting tbe mill levy for tbe commuaity center, at this time she still bas some unannaed questions and some coocerns about EDDA, tberdore she will be voting no. COUNCD. MEIDIER HATHAWAY MOVIED, AND IT WAS SIECONDIED, TO APPROVE AGENDA ITIEM II {It) flii) ON SECOND RL\DING. ORDINANCE NO 62, SERIES OF 1996 (COUNCD. BILL NO 62, IN11lODUCED BY COUNCIL MEMBER HA1HA WAY) AN ORDINANCE FIXING 11fE TAX LEVY IN MllJ.S UPON EAOI DOU.All OF 11fE ASSESSED VALUATION OF All TAXABLE PROPER1Y Wl1HIN 11fE CTJ"Y OF ENGLEWOOD, COLORADO. AND ESTABLISHING A MILL LEVY FOR 1llE ENGLEWOOD DOWNTOWN DEVELOPMENT AU11fORITY . Ayes : Nays : The motioo c:anied. Council Members Hadla'way, Vormiaag, Wiggins, Habcnicbt, Wqgoaer, Bums Council Mcmber Clapp (iv) COUNCll. MDDU HATHAWAY MOVIED, AND rr WAS SECONDED, TO APPROVE AGIE.NDA ITIEM II {It) (IY) ON SIE.COND READING. Council Member Habenic:hl expreaed a,oceru _. tbe IDCtioll ldllivc to parting lot oricnlalion. She acknowledged tbat we are paacming this prinwily after tbe Fort Collins ordinance. She said she belicYcs that what we are cloiDg is malting this a liale IIIDl'C libenl tbaa it sbould be. COUNCD. MIEIOIE.ll lLUIENICBT MOVIED TO AMEND SIECl10N D (2), PARKING LOT OIUIENTA110N, av CHANGING TIR STANDARD HAD NO MOU THAN se nRCIE.NT, RATIRR THAN SIEVENTY naaNT, or on STUIE.T PAJUaNG AlllE.A roa TIR !ENTIRE PllOnllTY SBAu. all: LOCATIED arnvuN TIR ftONT rACADIE or THIE. PRINCIPLI aUILDINGS AND TIR PIUMARY ASUTTING STUIE.T. Mayor Bums med Manager m Neigbborhood and ~ Dewlopment Simpaoa to explain wily that cbaqe -made 6-fifty IO ~ pert:Clll. Mr. Simpmn rapoDded lhlll ii -a Planniaa and Zoning Commiaiow rccommeadalioa that, pen wbal Ibey felt to be tbe prdenDces m this community. it may be IIIDl'C ia line widl tbe market and market driYea CXllllidenlioid Council Member Habcaicbl said she feds llb'Clllgly about this -will Y«* DO . v.raa111 • .,......_: Ayes : Council Mcmllen Hadllway, Vonaillas, Wigim. w...-,.Clapp.a... Nays: Council Mcmber Hllleaidll The IDObOII carried. .. I • .---------------------------, Englewood CityCouncil November 18, 1996 Page 15 0 - (v) Mayor Bums swm that we have bad a lot of letters and calls from people saying that they underslaDd that we are proposing to eliminale daycare from R-1-A area Aaually, be said, daycare is not legal there DOW, the change that is propoml is to allow it COUNCll. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (lt) (Y) ON SECOND READING. COUNCll. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND TIU BILL BY REMOVING ANY LANGUAGE IN THE BILL THAT RERRS TO THE R-1-A SINGLE FAMILY RESmENT DISfflCT. Council Member Habenicbt llllal she bas a pniblem wilh Iha. She said she knows we need to be lisb:ning to the c:oacerns of'bolh sides and lhat we have aa allliplioa ID do that. We bave been talking about and worting tblOugh lhis islUc for well _. a year -..a it first came to our attention tblOugh home occupalioas and lhrougb a number of' que&lioas from raidents. She recallcd that we sent lhis back to staff when we were ctisnming just not talking about aie occupllions for a while because we thought there wu a spec:ial case because of' daycare. We asked tbat Slaff CX1111C back with a solution that would be palalable, she said. both to the zoning coocems of' the people who live in the R-1-A district and also to the concerns of'the claycaes that were openting there without any concern to those neighbors. This is not just a daycare issue, she opined, or just a quality of' life issue. What it bas to do with is a society in transition. We have to deal with it in a way that is fair. tbougbdill and coasiderate of a IOI of people's feelings. She said she truly believes that coming back with the CXllldilional use was a good solution and she suppons lhal She allowed. at the same time. that she UDdenlands there are people on both sides that have fear of the CXlllditional UIC. The people who have property, she believes. are not SO cona:med wilh the property values as they are with the quality of' life they are llying to enjoy within their homes. Ms. Habenicht recallcd a call that she bad from a 1-=ber in Englewood who liYes in Highlands Ranch. They don't permit lhis kind of daycare home in Higblaadl Ruch. but she wanted us to do lhis here in Englewood. She sunniscd that Englewood isn't the only area lhat prohibits lhis kind oflhing. Not wanting to put us in the wrong light. she llllal. the thing is tbat lhis is the way that it bas been for years and people are afi'lid lhat their neigllbortloodl are ping to cbaaF by mating lhis IIIOle pennissiblc. At the same time. people who have daycare aa. aad have tlieir c:bildren in daycare homes where nobody even knows the clifliereage, fed lhat we are tryilla ID talie lhis away from them. She recopimd lhat there are rally lll'Clllg fedinp ud ClODCCl'8S oa bolh sides ..a !hat we need to be IClllitive to both sides. Ms. Habenicbt _. dial slle believes mlf cw up widl a rec41m•• illlioo dial is sensitive to bolh sides. by making lhis a coaditiooal .-in R-1-A . SIie feds die people who are rally fcufal aboul lhis are the people who bave daycare homes and all of' IUdden they are 1DU11 ID have to ID tblOugh the process and put up tbae signs. For lhat -. she sugeaad • a 1 r dial~ gnuldfatber in for two years all of the exitting lic:emed daycare iD R-1-A. SIie aid slle isjua pattiag lhis out fordilCllllion. to grandf"atber them in for two years UDtil they have ID Fl the COllditioaal DIiiing. That gives them the time 10 get history. Council Member Hathaway reminded Council that we need ID ~ on the amendment Iha: is already on the floor . Council Member Wsggoaer llllal lhat be 1111 received a lot of' lettas from people who are cona:med about doing away with daycare in the raidcntial -· We are • doiq away wilh daycare in all the raidcntial -· S-of' it is • allowed ...... lie aid. i. Eapwood llill 1111 R-1-B linglc family residential distric:u. R-1-C siqlc faaily nsidlatill diltrica. We have the R-2. lllc R-J ..a the R-2-C and the R-J-C. the R-J and the R-4 rmdmtial diluicts. So ii ii only die R-1-A where I'm propD1ing that we remow the family daycare in Ille i.-. be aid. TIie rat of' lllca Italy CXKtly • they are . Alto. for the ' •. .. I . 0 • l • • .J ti 11 I[! J!frt11lll!!i i [ li[ltfttf! i illl!i I! !JI 11 ,1 ,15 . @~f; ~,~tsf I I rs1Jl1~'Ji I'!''~' rl ~D l( ll ii 111:!i1'fil1 II 1' il!Ji~!I•! f I ,~1, Ii 11 j1 1 ii !1t!!1 ,;11 1lti1lfili i 1t{I1 ~: fl i it tjfi!!if iii ii fll!11,1ir I 11111 I !r : 1t !11 11i1J11:1 111 ilJ1 1•!1ili i 11~1 1r f t• i 1• K~, ·~ ,1. -. 1 111, a 1 ,1 , Jl t I~ 1!111ll:1i!I J~, l!~!fi!•I ! 1llil! I f I ar s~ i~s,l~sl I f•ft1fi1f] I ~I fB ~ I! 1 •t ff•liil~fl1 · ~11 1 11~,, ~ 11,'l · I·: I Ir ~,1l1tJlt r; f f11lrtl11 l Jf•fis 1 I ! t ~f;[J 11~1 , ~ a't~1, ·r1 i B rJ t !( I ~j fftiiifltli I t(;fti!,!i I J,lff ! f f s i' t,~ ~ t 1~1 ; 0~ ~ • , • r I .. ~ t • Englewood CityCouncil November 18. 1996 Page 17 0 • ... changing and a society that is changing. She bdicws that -cm mcM: into this gndual)y and abllle a lot of this fear, which she feels is driving bolb sides of'the issue. Ms. Habeaicbl said she would nut,.._ for it all one way or all the other way . She reileraled that Sid bas done a tremendous job in coming up with a solution that IIJOlt people find palalablc. She bas talked with people for -11 over a year -about the problem and people on bolb sides bave said it SIIWlds like a good compromise for --11lal is why she would nut go for just thruwiDg out the maing. but ralher keep it u a aindilional use. She said she would VOie no on that amendment Mayor Bums said the amendment is to mike child care in R-1-A the same u in any odler clislric:t. Council Member Hadllway said she wanlS to mike it clear that she considers child care a special home occupllion . As.-aJllliw our review o(home oc:cupalionl in R-1-A and odler distticls. -need to km • child care • put of' that wbolc piclure. She feels that cu be made put of the transition as -11, but in this partiadar case you are talking about a home oa.:upalion dial is not a lawyer for profit or an accountaDl doing bis business out of bis home. which, she said, exist in R-1-A, too, and they are illepl. She feels this partiadar issue needs to be addreacd now because there is more of a need for it Couocil Member Vonnittag said that e\'CfY rdcreace in the onlinanc:c to daycare should be preceded by the word ~licensed." They should all say ~licenlcd daycare." Council Member Hathaway pointed out thal this is addreacd Wider the second whereas, it says lia:med by the Swc of Colorado and opcnling prior to June 3, 1996. She agreed. u a friendly amendment, to aca:pl the wording Mliccnsed" daycare. Mayor Bums said that if we are talking about having child care in R-1-A the same u the others, it seems that we have different kinds of uses, some uses as a matter of right and some are conditional in this ordinance. City Attorney Brotzman rapondcd that our recommendation is to llllke this a home occupation listing family child care home. or inful/toddlcr home, u the only home occupation for R-1-A. Mayor Bums said. for inslanc:e. R-1-8 appears 10 UYe a home oa:upatioa of cbild care as a w of right R-1-B has conditional use . It's a ._ to say dial dlcy it would be the -• odlcr dillrica because they are nut all the same . You are jail a,ias allow it•• ~ofriglll in R-1-A. c-il Member Hathaway agreed. Council Member Wiggim said he agn,cs widl Cwil Mcmllcr Habalidll that it IIDald be a _..__, use . Couocil Member Clapp staled for the laDd dial 111c apporu cllild care: and cu't i-,iac plllliac conditiom on it just because of zoainc. She feds it is a uae by ript and that -need to -.,pon - families and our children and our future. She said she wholchcarledly supports e\'CIYlbilll lllll Council Member Hathaway just said. Mayor Bums uud City Attorney Brotzmall to cxplaia the proc:eduR UMIMld with a awdilioMI uae . Mr. Brottman raponded thal you would bave to 111 10 a pmlic lllmrill& oa that. 1'llcn: is a • of standards that apply IO all conditioaal -. TIie medi!ioMI -llarills is bdin tm l'lwlilll ad 1.oaing CommiaiM, it clDel nut cw met 10 Cwil, ad ....... llallld 11110 dillric:t «-t. Couacil Member Huaway allied ii it ...... die ..... of a lip ia rr. of dllir 11aae. ...... ii requires die applicaal 10 CW cloMI ad..--die -all"*.....-.... .., -- •. I· I • Englewood CityCouncil November 18. 1996 Page 18 • • a detriment to the neighborhood. It basically requires 111cm to come down and prove that they can exist, she said. City Attorney Brotzman responded aflirmalively. Council Member Habenicht said she feds that one of the major CODCcrllS of people who are in the R-I-A moes is not so much the property values, but l'llber the c:oacem cm:r the cbange in the quality of the neighborhood. When people talk about Slrallpn coming in, increllled traffic and things like that, she feds that if we just make it a permitted 111e by rigbt then there is ao ability to pan or restrict or deal with thole kinds of issues. For the IDllll put, the -,care IIIOlben she bas talked to say they don't rally impact traffic because of the way we operate. SIie aid she tnaly feds that this conditional 111e is such a good compromise became it doesn't llllll aaybody clowa. 111c _....,..,,.,., that she bas brought forward would actually gnndfalbcr thole cxillina fDr two ,-S IO tllll dlcy -.Ida 't have this fear of being targeted rigbt away. We are in a time ofllallliliaa ud we a.I to be tbougbtful to both sides. She said she couldn't WIC the odler way, either. Council Member Clapp addressed the traffic ~-She aid she lives right across the smet from an elementary school and there is a lot of traffic. But, it oaly laSIS for ten or fifteen minures maximum when people drop their children off in the morning ud in the ewning when they pick them up . She asserted that this does not negatively impact her area ud she can't imagine a daycare with six children impacting a neighborhood negatively. Addressing the compromile. she said she does not persooally fed she can compromise licensed daycare. Mayor Bums asked City Attorney Brotzman to rapoad to bis ot.rvatioa dial. essentially, if it is licemed daycare. the dements that have been spoken to here toaigbt as far as wbaa that license means, as far as the State is concemed. are all dements addla.l by the S.. of Colorado. Mr. Brotzman respoaded affirmatively. Conditional U1C, then, in our -clillric:l -wlull7 Mr. Brotzman respoaded that it CODCcrllS the impacts to the neigbborbood. 111c bat example of MIil Planning ud 1.oaing would consider that we have talked about, be aid. is tnfflc: ud ils iqact CID the aeigbbortiood. Second would be noise issues. COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO AMEND THE ORDINANCE, MAKING CHILD CAB THE SAME IN R-1-A AS IT IS IN ANY OTHER ZONE DISTRICT IY RIGHT. City Attorney Brotzman asked Council to look • die -lie lad prurided uader die 1-parapapb under 16+2. He rad "R-1-A Sinpe Family Rmdeace Dillricl. ......... M. -.Id add a ---, five. wbicb would be Home O : .pllioN a c :...,.._ ~ ___. IO die priacipal was a resideace when coadu'1ed in die -dwelJilla provided dial die fDllowiaa c:oediliom an: IICl. A. Family cbild ~~or iafaat cllild ~ ~-" COUDCil Member Wagoacr lllked if tllll opem it up fDr all odicr ~ oocnpMicw allO. Mr. 8w said that daycare would be the oaly blac occaplliaa allowed. Mr. Wagoaer aid tllal ii dla opce it up with no raarictiaas. no maaer 1--,, there are or 1-c:ic. tlley are. Council Member Hathaway said thal is cona:t. as loq as tlley are lic:allml by die S.. al Colorado . Voterealla•die IBI f A,a: Nays : 111c motiaa failed. ,. a-ii ...... illdlltway. v.....,, Clapp. ea.al....._. Wigia. fl' "c!N Wagoaer. a... .. I . 0 • .------------------------------,,---- Englewood CityCouncil November 18, 1996 Page 19 0 • COUNCU. MEMBER IIABINICBT MOVED, AND IT WAS SECONDED, TO AMEND THE ORDINANCE TO GRANDPATHER IN ,OR TWO YEARS EXISTING LICENSED DAYCARE ROMES IN R-1-A, DURING WRICH TIME TREY WOULD APPLY roa A CONDmONAL USL Council Member Hathaway ullal for clarific:alion as to wbcther Council Member Habenicht is acc:cpting the onlinana: as wriaen. and is oaly adding the grudfadler clalle for all tbole in exislence that can prcwe they -licenlcd prior to JUDe 3, 1996. Ms. Hlbeaicllt ooafirmed tbal 5lalCmeDl. New daycares, she aid, would line to apply for a conditional 111e rigbl away . Mayor Bums com-Med tbal it would seem to him tbal obtaining conditional 111e for tbole gnndfalbered in would be a rouliDe maaer. Council Member Habellicht said it would gm them some time and they would not feel that they are being forced into somedling rigbl away. Council Member Hathaway offered an addition to the amendment wherd,y those grandfathered and who could prove they -in exislence and licensed prior to June 3, 1996 would not be required to go through the conditional use process ud that from this point on it would be done as a conditional use as proposed in the onlinana:. Council Member Vormittag added that they must have existed at their current address. Council Member Habenicht said she thinks it is better to have an equal playing fidd for the residents and the daycare providers. The i-year grandfathering in ~ the propeny owners who have coocems the -.e that they Slill have the opportunity to quesbGII the conditional 111C and a SCD1C of security for their lifeayle. The allows for ~·s rights to be pralleCUd. Mayor Burm added that -of tbaac daycare providers bave been in their resideaccs for fifteen or lwmly years and it appears dial they provide quality daycare. He expr-i coacem about making them all ,o through a conditional 111e process givm the amber of years they have been in business. Council Member Wiggins poinlCld OIII that they have been iUepUy in busiaas . Mayor Bums ~ 1h11. i. feels M UWll't dos a very 1111111,iab of mmitoring tbat, nor bas the Stale. Council Member Capp MUd for clari6caiaa IS to MIii die I 1 :CC is. Council Member Habeaicht reitcraled lllal lier is 111ml .,-wllo ..ad-ia new to R-1-A would have to imeecliwty IO tllnlap a coadiliaanl IIIC pnxm. no.111a1 arc abady exit1iJ1a wl licenlcd that bave been aMftld uader os wawiw will be ........... ill for._ ,-s. ill wllidl lime, or after which IIIDC. wbicllcw:r dlcy ..... plder. dlcy Mlllld ., for die ....... -penaiL Council Member Wau-r lilnla clarified 111ml it appnwa tbe ordiauClc as written. excq,t that it padfadlcn ill tbole dial exilled prior to 1-3, 1996 wl P9 diem i-years to ID duoup tbe c:oadi~ IIIC procas. COIIIICiJ Member Hadaway :ddlld lllal ii adds tbe ward Mliceamr' all tbe way lllroup. Council Member Varmiaa& fwdlcr clariftecl 111ml tllia Mlllld be a tbe -addlea. Council Mclllber Habeaicbl COIICUfflld. Mayor Bums said obvmiy tllis is a balallcilla act. lllllill& 111:l be llal 1111 desire to CWIIUlalC tllis 111C ill dus -ditlnct. C«-:11 Member Capp llaed 111ml Ille will be 111111111,-• lllil. jal becas it is tbe belt we cu do wl nlloM die ~ pn,vidm to openllC. • I . , • Englewood CityCouncil November 18, 1996 Page 20 • • Council Member Hathaway Slaled that sbe will also be voling ya bcc:allle it will at lcalt -tbc islue forMud after having been llllled for a year 111d a half. She lllid -need to commit C1111RM1 to moving forward with rmcw oftbc home oa:uplbOIII tola1ly in R-1-A. V• raakl • die IB I • mt Ayes: Nays: Tbc motion carried. 12. <--'al DDiNilaa• (a) Mayors Cboic:e CouDci1 Memlml Hldiaway, Vanaiaag. Wigim. 8*aic:lll, Waa-r, Capp, B11n1 !"- 1. Mayor Bums lllid be previoul1y IDld CouDci1 ofllis ft wt11 e • tbc MelrO Mayors' Caucus. 2. With regard to ll'llllpOl1llio i-. -baw a piilllic IMICliDg oa Nowanber 20th. be said. in tbc Community Room repnliDg ~tics ud iaplo.w • Ille RID Lipt Rail lllllp. Council Member Hathaway said 11111 Ille bel&Vel dlil -......... • beill& oaly tbc lllllp • S... Fe 111d Oxfonl. City Manqer Cllrt aid dley are llllplllllll IO 111k ... all in Ola' clillric:t, iacWillg CiDderdla City. (b) CouDci1 Member's Cbaice (i) CouDci1 Mamla' Hllleaiclll SIie IDld CouDci1 dial sbe lllmled 111e pre11 waac:w: put OIi by tbc 0eawr a.-cr of ._.,._..,tezaad die Coloado C«-:il fur a.-ia die Alll aad dley did a___.. ..., _ die ilapat1 of die 1111 ill Ille C C ity . SIie dial] I f capia IO c.wil, ayiltl dill _,. . iee lla¥e recapizlld adbae 111d Ille 1111 ••a--= de\ I J IDOi. 2. SIie ~ Ille waaderfill will dill illllillc plll lllpdla' by die F .I oad Nllic Library 8-11 fur FieldiJla a.,... MIii -llllal 6-• m ......,._ SIie aid il ii a._... ad ~ --· SIie expn:-s 'low_.. il _.., llerlO luM lelwd widt Ms. a.,.....,..* -a WODderful youag -with a lol of FOd idea 13 . City Mauaer'• ...... (a) City Muqer Clark lllled dial lie illChlded ill dleir ,-:tel a Ciaderdla City -. ""°" 111d be bas nolhing to add. ,,. c1ey~·,...,. (a) City Aaoniey 8ralZau ...-.a ..a.rily ID_.-, a 1DW111 ap11nm-widt die awe ill tbc EURA 111111er to cXlmd tlle .... of lilllillncw for aw ,_. period. I. 0 Eaglewood CityCouncil Nowmbea 11, 1996 PaF21 • COUNCIL MDDD WAGGONDMOVD, AND ff WAS S&CONND, 1'0 AIJ'l'BO~ 1U crrY Aff'OmUY 1'0 l:.Nnll INTO A 1"0LUNG MaEDIKNT Wr111 'IU 'l'aDSnE IN 1U aJaA IIATl'D 1'0 UTEND 1U STA'l1Jft M UMITA110NS ,oa A ONE YLUl nalOD. A'Jfll: 15. Cow:il Mmllal ffldiaway, Voraillll, W'agial. lllbeaiclll, w......-. Capp, Banis "'- COUNCIL IIDDDB4111AWAY IIOVD 1'0 ADIOOU. '111c---. adjaarlllld • 9:31 p.m. .. • , • - PUBLIC COMMENT ROSTER AGENDA ITEM 7 NON-SCHEDULED VISITORS NOVEMBERl,1996 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON WISHING TO SPEAK SHOULD SIGN TRIS PUBLIC COMMENT ROSTER. STATING NAME. ADDRESS, AND TOPIC OF COMMENT. °ttf Ii , "Rig --· ezze, # mn CCSIGNI • 0 I• • .......... •••• ••:•••••••••••••••-•••---........ -.............. ~ ST~ ~ .............. ,,,,,,,,,,cr,,m 21 '$ 10:0'3lf=l"'i)•-••••••••• CITY~ ENGI..D()()D ..................... _._, ................................................................................................................................................ CA.JTO> .................... . FILE FILE TYPE 066 ~ TX OPTION TEL NO. PER5(N:l,. cooc 0225 7614810 PAGE 04 . . ----------------------------------· R£K:1INil'G OU.. a:f'ACITY 299 No._,..... __ Jj....____ FAX TO: COMPANY: ' • I· , ; . ,~ ·, • .. ___&l;ikrL REGULAR MEETING OF ~ ~ THE ENGLEWOOD CITY COUNCIL ~ ~ AGENDA FOR THE NOVEMBER 18, 1996 7:30P.M. 1. Call to order. '7:(/. l)~ 2. Invocation. t}..J'1f WI<) 3. Pledge of Allegiance. i l,l.Jl,.r..A 4. RollCall. '7~ ~~ 5. ,,,() Minutes. • a. Minutes from the Regular City Council Meeting of November 4, 1996. 6 . Scheduled Visitors. (Please limit your presentation to ten minutes.I /5 7. Non-Scheduled Visitors. (Pleue limit your presentation to five minutes.) Communications, Proclamations, and Appointments. Resolution appointing Michael Heberling as • youth liaison to the Englewood Public Library Board. ()-0 9. Public Hearing. (None scheduled! 10. Consent Agenda. a. Approve on First Reeding. ~ b . Approve on Second Reeding . Council Bill No. 81, extending the moratorium on miscellaneous licensing until April 10, 1997. ......... H,-._.allllillllly_. ... ...., .............. ..., .. CIIJelT' ••••~MIS)II ............. .._. ....................... ,... .. I· ,, l .,--------~----:-----~-~- City Council Agenu Nowember 18, 1996 Pqe2 _,, • - ~~ b ,--~ 1-0 Council Bill No . 66, adding a new chapter (Auctioneers License) to the Englewood Municipal Code, and removing the license from the moratorium. • iii. uJ' ~7 Council Bill No. 67, adding a new chapter (Christmas Tree Dealers License) to the Englewood Municipal Code, and removing the license from the moratorium .. iv. Council Bill No. 68, adding a new chapter (Police and Detective Services = ~.t t;;,-?> Private Firm License) to the Englewood Municipal Code, and removing the (P license from the moratorium. v >() Council Bill No. 69, adding a new chapter (Going Out of Business License) :\_JI bf to the E~glewood Municipal Code, and removing the license from the ~ moratorium. 1 1 . Ordinances, Resolutions, and Motions. %~ ..,,,Jo ({J;-,, -1~?:J ~~ ~ R~ .,,'b f ~~ ·'1,-0 a. Approve on First Reading. ii . iii. v. Recommendation from the Department of Public Works to adopt a bil for an ordinance approving an Intergovernmental Agreement with Englewood Schools for fleet maint~nce. ~~~rce:~ Director of Pubic WGllls. '-/an-k,._,;,1 Recommendation from the Department of Public Works to adopt a bil for an ordinance approving an Intergovernmental Agreement with the City of Sheridan for fleet maintenance. STAFF SOURCE: a--&tarty . Director of Pubic WGllls. C/ '1t,_ Recommendation from the Department of Financial Services to adopt a rNOlulian establishing licensing fees for Going Out of Business and Damaged Goods Sales. STAFF SOURCE: Fr-* Glfp!!_lcz, Dnctor of Financial s.vicea. Recommendation from the Department of Financial Services to adopt a rNOlulian establishing licensing fees for Auctioneers. STAFF SOURCE: Fr-* a. wglewicz, Dhctor of FlnalCial Servlcee. Recommendation from the Department of Financial Services to adopt a rNGlulion establishing licensing fees for Christmas Tree Dealers. STAFF SOURCE: Fr-* GI ,tlewicz. Director of Flnanc:lel Ser-.ices . vi. Recommendation from the Department of Financial Services to adopt a M rNOlulian establishing licensing fees for Police and Detective Services Q "0t from private firms. STAFF SOURCE: Fr-*~· Dnctor of ,...yP· l\o Flnancial ~- ,.._ noee: If you haw a~ 111d ...,_.., .W.• .......... Mdfy .. Clly .. ERt1h•-(762-24051 al lelll 48 houri In ad¥ance of what..._ .. ...._ 11llak ,-. \ r .. • 0 City Council Apnda N-.r 11, 1996 ..... 3 • • Rec:ommendation from the Department of Financial Services to adopt a for an ordinance authorizing the execution of the undertaking agreement in connection with a refinancing of Littleton/Englewood Wastewater Treatment Plant's loan. STAFF SOURCE: Fr-* Glfllewicz, Dhc:tar of FIIWIClal ...... Recommendation from the Littleton/Eliglewood Wastewat• Trutment Plant Supervisory Committee to approve, by....., a construction management contract with Brown and Caldwell for the Plant's Phase 18 onatruction. STAFF SOURCE: ...... H. Fanda, Ulalllee Director. ft ~\)' ~ l"''?J_; ~{) Recommendation from the Englewood Housing Authority to appro~e -- 1 -I ...... authorizing the sale of Sherman Street properties to the , ~ i •.k~ Englewood Housing Authority. STAFF IIOUIICE: Paul 7 ,-~ 1)~~ . l)P-'_,, 00 Eucu11ve Director of BIA. I Id'? (p~()-' ~I~ on Second Reading. / {}~~ oJto i. Council Bin No. 83, adopting the 1997 Budget. 1\' ii\"() o-.,._.,.,.,o r,J• <, I ii. 1?-' __ J ... l (JI"-•-?-"'· ~v "' Council Bill No. 64, appropriating funds for Fiecal v .. 1H7. Council Bill No. 82, Htabliahing the 1118 t,M ~ h.;...I ~ in 1991. fo -I-~ _ Council ...... -..... --~ tvr,~-""'°"" Council Bill 54, amending R· 1 ·A day care zoning. - CPI<~~ ~'1'1 (>', .. (p"_)v, ~~-~- • 12. General Diacuuion. a . Mayor's Choice. b. Council Members' Choice. 1 3. City Manager's Report. a. Cinder ... City Redevelopment Status Report. ,~ 1,-, coJA.) 14. City Attorney's Report. Ad;c>urnment. 0 .'3tf The following minutes were tr•llfflffled to City Council between 11/01/11-11/14/N: • Englewood Housing Authority meeting of llptenlber 21, 1118 . ......... .,,.. ...... ......, ...... ...., ............. ..., .. Cllr.,, J 11•c,u.aea11 ...................................... ,... .. • - 0 I• • ' Ill ~R~ -(~~Clu} w. -RJL "~ -43¢lf 5, Jfa~O t:: ~&£ mt,IY,~ .*7 1./:?.,b Cvi-Jy J1~ ,,,,1,1m -~,i '5 s . .p M.o.., )' 5J<J. ~'vi'W-., x'!!L I ) ~" ~ I(. -/Ofdt5 tu.(!~ Pl-~ ') 7~5 ~11~ -:H~~ S · ~~ I I l ~ ~ d -7191 ~-¥ -Xii J) qS{).. v~ /77 ~ -3/cfl./ $. u~ . 6fP*- (µ,;,..,,J ~ -JIJ,4.}~~ - ~~Ii~~--~- ,t(J~faf;:_· -~~ t::::;~~!!~~- /1/6 ({A ~ -S: ~"St. ~ /lttl /(,1,\,\.t4&>'} --?J It, f, S. 1tct.... ~. ....., Jl/-o'i> &J11Wr/J -~ -I ,~w '-!M A, '.Jdoft<D7 - • • ' . f - 1 • • • 0 I• • Ill ~R~ -~~~ W -k~ '1~ -43~q 5, Jl~o ~ u. . . . I· ' 2 .~---------~-. . 0 I• - ,. l I , 1 ,, I/ II . . I· • .· ' . t • • • 0 ,• - All Aboard! The City "of Englewood and the Regional Transportation District (RID) invite you to participate in ducus.,ion of pos.,ible improvements that ret1ect the flavor of Englewood for the South West Corridor light rail stations in our community! Wednesday, November 20, 1996 7 p.m. in the Community loom at City Hall, 3400 South E1at:i Street .. Meet with rm staff .. Leam about the amenities chosen for other stations .. See slide show of light rail stations acros., the country '4Give your input and ideas for the Hampden and Oxford stations For more information, pleaae contact Suzie Grace, A.lliatant to City Manager, 762-2315 INVr1'E 011fERS TO A1TEND See you there! ' I • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL NOVEMBER 18, 1996 7:30P.M. 1. Call to order. '7:'I-Op,,n 2. Invocation. tA...}~ 3. Pledge of Allegiance. mr ~ 4 . Roll Call. '7~ 6 . 7. 8 . 9. 10. Minutes. ,. M;nut.,"°"'theRegule,CltyCouncll-ofNovembe<4, 1996. ;./~ Sc#ed Visitors. (Please limit your presentation to ten minutes.) Non-Scheduled Visitors. (Please limit your presentation to five minutes.) tabf~~e,,;,/( .. /-11 : Communications, Pr6clamations, and Appointments. Resolution appointing Michael Heberling n a youth liaison to the ~nglewood Public Library Board. .. Publ¢ring. (None scheduled) Consent Agenda . Approve on First Reading . J1!f"' Approve on Second Reading. i . Council Bill No. 81, extending the moratorium on miaceUeneous licensing until April 10, 1997. • Plwe nale: H you llneatllallllly ---~ .............. ...., .. Cllyell 4' u•~MIS)II ..... 41hounln..._ .................. n..ll,-. ' ..... .. I. I 0 • City Council Aaenda Nowmber 18, 1996 Pap2 ii . DJr,t, iii. O.J ·'1 o,;st iv. v . OJ.6' Council Bill No. 66, adding a new chapter (Auctioneers License) to the Englewood Municipal Code, and removing the license from the moratorium . Council Bill No . 67, adding a new chapter (Christmas Tree Dealers License) to the Englewood Municipal Code, and removing the license from the moratorium. Council Bill No . 68, adding a new chapter (Police and Detective Services Private Firm License) to the Englewood Municipal Code, and removing the license from the moratorium. Council Bill No. 69, adding a new chapter (Going Out of Business License) to the Englewood Municipal Code, and removing the license from the moratorium. 11 . Ordinances, Resolutions, and Motions. a . Approve on First Reading. ~f1-o i. cJ,'11 Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with Englewood School~ for fleet maintenance. STAFF SOURCE~~ Director of Public Works. ~1-0 ii . d>'10 Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental AgrHment with the City of ~ Sheridan for flHt.m~intenance . SJAFF SOURCE: Qt 111 liee.e,.q..,,, ~ Director of Public Works . · i ii . Recommendation from the Department of Financial Services to adopt a I) .• ~ resolution establishing licensing fees for Going Out of Business and 1 ~ ~ Damaged Goods Sales . STAFF SOURCE: Frank Gryglewicz, Director bf Financial Servlcn. iv . Recommendation from the Department of Financial Services to adopt a J / JIO..i.~'1-D () .••. q,t. resolution establishing licensing fees for Auctioneers . STAFF SOURCE: f,JoJ;,.';,tJJ l<i....... Frank Gryglewlcz, Director of Ftnanclal Servlcn. '1'f"" v . Recommer,dation from the Department of Financial Services to adopt a , /)If~ f2i.,,.,e. qef resolution establishing licensing fees for Christmas Tree Dealers. STAFF H~ ,.,.,J/ '1,0 SOURCE: Frenlc Gryglewicz, Director of Financial Servlcn. <>fr""'· v1 . Recommendation from the Department of Financial Services to adopt a µ1 .A,{).~ D DI. resolution establishing licensing fees for Police and Detective Senlicu ,-µ":..~ / f\.lJtf',"l'f'from private firms. STAFF SOURCE: Frank Gryglewlcz, Director of Financial Services. 0 P1we noee: If you haw a dlubillty wl nNd ~ ... •---. (llwl nadfy .. Clly of &•••Nd (762·24151 Ill leMI 41 houn In advance of when anka .. ....._ n..11 you. • I • 0 City Council AgenclA NOftlllbet-11, 1996 '•3 vii . viii. oJ11.~ 1.l>o0 ~.4-1"/ . IX. • . ' • Recommendation from the Department of Financial Services to adopt a bill for an ordinance authorizing the execution of the undertaking agreement in connection with a refinancing of Littleton/Englewood Wastewater Treatment Plant's loan. STAFF SOURCE: Frank a.,g1ew1cz, Dnctor of Flnancial a..tcea. Recommendation from the Littleton/Englewood Wa11ewater Treatment Plant Supervisory Committee to approve, by motion, a con11ruction management contract with Brown and Caldwell for the Plant's Phase IB construction. STAFF SOURCE: l1awart H. Fanda, U1lldN Dnctor. Recommendation from the Englewood Housing Authority to approve a l J. o-1 motion authorizing the u1e of Sherman Street properties to the fl'::~ (;0 . .id)) Englewood Housing Authority. STAFF SOURCE: Paul Mllllnowald, ~ ~., c,-·-Eaecudve Dnc:tor of EMA. • [ b . Approve on Second Reading. Council Bill No. 63, adopting the 1997 Budget. Council Bill No. 64, appropriating funds for Fiscal Vear 1997. ~:oa.J.l,7) i. J,i~J-fl/ ii. ~~<, 1 Q.!J·l,j. iii. ~;~;~ii Bill No. 62, e11ablishing the 1996 Mill Levy for Collection in ~ ~h, Cou,cil Bill 53, amending large retail design guidelines. ) [H~~-H-AWly '!";;.,..,I v. cduncil Bill 54, amending R-1-A day care zoning. _,.,--/IJ,,,uJ:t:../fM!i~ .~ 12. GeneralDiscu~C:.?~ .............................. ,, ...... m. ........... .. • ................................ _._.,. .... ., .... _,..... .. __ ._ ..... ., .... _,.... _., ....... ......,. ........... ..._ ......... ., .. a. Mayor's Choice. ................ ....., ...... _ ...... .......... ., ....... b. Council Members' Choice. 13. City Manager's Report. a. 14. The following minutes ware transmitted to City Council batwNn 11,01/98-11/14/H: • Englewood Housing Authority meeting of September 215, 1 IN. • . I • 0 1 32 x l • • · ... • Agenda Item 11 b v (Council Bill No. 54) w._.. ........ _. .. ......_..,_.,.._ .. __. .. _...._ .... a.1-A.,..loaily......._ FaiWl• '<.,. w._.._.,,...,....> .--, ........ _.__. .. __,._ ....... _ ........ _..,__ •• 1.A_._,..._....._ _ _. .. ..,_ ....... .._. •• _.,,.._ v ....... .._......,_.... .. _... ..... ~.....,. ..,_._ ..._,_... .. ---. ..._, ......... _. ... ~<.,. ..._,, v......,a.,,> ............... _. ......... ..,. MC ia;6'flr_,-..._....,_...., .... _...__.,_. , •• -. ........ ..,_ ..................................... _ ...... -A ..... ....., .... ....,_...._..,.,..,_,......,_.._.. .... _..._..,_.,. ,-.,.,;r, ............ .,;r, .. ai,_..,_ .................................... _,..... .... ....,_...._ ...... ..,C-,1 ................................ _._..,....., ... ... I • 0 1 32x l ----------~----------------.-------------------------------- • 1 . Call to order. 2. Invocation. • «• - (. AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL NOVEMBER 18, 1996 7:30P.M. 3. Pledge of Allegiance. 4. Roll Call. 5 . Minutes. a. Minutes from the Regular City Council Meeting of November 4, 1996. 6. Scheduled Visitors. (Pleue limit your presentation to ten minutes.I 7. Non-Scheduled Viaitors. !PINN limit your preaentation to five minutes.) 8. Communications, Proclamationa, end Appointments. a. Resolution appointing Michael Heberting • a youth liaison to the Englewood Public Library Board. 9 . Public Hearing. (None scheduled) 10. Consent Agenda. a. Approve on First Reading. b. Approve on Second Reading. i. Council Bill No. 81, extending the moratorium on miacellaneoua licensing until April 10, 1997. ......... If ,-._. • ....., ...... ....., ............. lllllfr .. CllyelT ' •O'IJ-Mll)II ............ .._. .................... ,... .. I· 0 • • , . • C11y Council~ Nowember 11, 1996 ... 3 vii . Recommendation from the Department of Financial Services to adopt a bill for an ordinance authorizing the execution of the undertaking agreement in connection with a refinancing of Littleton/Englewood Wastewater Treatment Plant's loan. STAFF SOURCE: Frank Gryglewlcz, Director of Financilll hrvlcea. viii . Recommendation from the Littleton/Englewood Wastewater Treatment Plant Supervisory Committee to approve, by motion, a construction management contract with Brown and Caldwell for the Plant's Phase 18 construction. STAFF SOURCE: Stewart H. Fonda, Udldes Director. ix. Recommendation from the Englewood Housing Authority to approve a motion authorizing the sale of Sherman Street properties to the Englewood Housing Authority. STAFF SOURCE: Paul Mlllnowsld, Executive Director of EHA . b. Approve on Second Reading. i. Council Bill No. 63, adopting the 1997 Budget. ii. Counc il Bill No. 64, appropriating funds for Fiscal Year 1997. iii. Council Bill No. 62, establishing the 1996 Mill Levy for Collection in 1997. iv. Council Bill 53, emending large retail design guidelines. v . Council Bill 54, emending R-1-A day care zoning. 12 . General Discussion . a . Mayor's Choice . b . Council Members' Choice. 13. City Manager's Report. a. Cinderella City Redevelopment Status Report. 14. City Attorney's Report . Adjournment. The following minutes were transmitted to City Council b9tween 11,01 /18-11 /14/98: • Englewood Housing Authority meeting of September 25, 1 IH . ..._-= ff ,-....,..611111ly_, .... ..a.,y .... ---. ..... ...., .. cay.,, , ..... ~am,a1 .................................... n.l,-. • • . . .. I. • .,-----~---------------.--,- • - ENGLEWOOD CITY COUNCll. ENGLEWOOD, ARAPAHOE COUNTY, COLORADO N8ftaber ,. I"' 1. CaU to Order The rquJar meedng oftbe Eaglewood City Council -called to Older by Mayor Bums at 7 :37 p.m. 2 .......... The iJMX:lllioa -gMD by Council Member Wigins. 3. J11e11F rl Alledaec:e The Pledge of AllegjaDce -led by Mayor Burns. ,. a.ueau S. Miaaa Council Memben Hadiaway, Clapp, Wiggins, Habenicht. Vonnittag. Wagoner. Bums None Allll p,aent: City Muqcr Clart City Aaomey BRIIZDall AllillaDt to tbe City Muqcr Grace City Clcrt Ellis DiJector Gryglewicz. F"mucial Scrvic:a Muqcr ofNeigbbortlood and BusiMII ~t SilllplOII PlallaiDg Community Coordimtor Stitt Director Long. Library Scrvic:a (a) COUNCll. MDRER BATBAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE TIO MIN1JTl:S OP TIO UGUI.All Ml:l:TING OP OCTOSl:R 21, 1"6. Ayes : Couacil Members Hadlaway, Vonnittag. Habeaic:bt. Wagoner, Clapp.Bums Nays : Nolle Abltain: Couacil Member Wigim (a) A ;ep i IJIM ha Hamilloa al Fam, AIIDney ll Law. -ldledlded to be preaeal to diaw tbe Bnlllkridle Slllwias C-....._. U1lil 0.. I p Ma,-e.r. aid 11111 • . ., I . 0 '32xl --------------------------,.----------------------------------- • East-Nd City c-u November 4, 1996 Pace2 0 • I • City Attorney Brotzman has advised him that they will not be speaking at this time, as this issue appears lalcr on the agenda. at which time Council will be setting a public bearing. 7. N__.ledVltiton (a) Ano Nabbolz. 2990 South Delaware. swat lbal they feel it is necessary to come before Council, to let Council know without a doubt. that they suppon the continuation of the mol'lllOrium. She said they also ask lbal a rezoning for day labors be addJased as soon as possible. Ms . Nabbolz opined lbal thClc tbinp arc ablolllldy IICllCIIIIIY for III to acbicvc the quality of life that we desire and expect from our City leaders. She asked lbal cvayonc, wbo came toaight in suppon of CXIClldiog the IIIOl'IIIOriwn, stand. Scvcnal members of the audience stood. Ms. Nabbolz thanked CVCl)'OIIC who came, but most of all, she said she wanted to thank Council for their consideration of this maacr. lbcre were no communications. proclamations. or appointments. 9. Public Beariac (a) COUNCll. MEMBER BATIIAWA Y MOVED, AND IT WAS SECONDED, TO OPEN TIii: PUBUC IIEAlllNG TO GATHER Cl'llUN INPUT ON THE DESIGN GUIDELINES FOR LARGE RETAIL ESTABUSBMENTS. Ayes : Council Members Halhaway, Vonniuag, Wiggins. Habenicht. Waggoner. Clapp, Bums Nays : Nooe Motion carried and the public bearing opened. All lesli.-y -given Wider oath . Manager Simpllln advised lbal this public hearing is for Case # OR 96-04. which is an amendment to lhc City of Englewood Comprcbensm: Zoning Ordinance to provide for large format retail design standards and guidelines. He submitted for the ~rd. Proof of Publication of Notice of this Public Hearing. which was published in the Englewood Herald on October 10. 1996. Mr. Simpson explained that these standards. as they arc presented. were requested by City Couocil and they arc meant to be a method to provide standards and guidelines to address quality development of large format retailers in lhc City of Englewood. 111c standards arc meant 10 address certain standards of development such as architectural variety, scale. pedestrian/bicycle aa:css and vehicular aa:css. He added lbal they also provide a means of mitipajoo al ncptivc impacts. Mr. Simpson advised lbal these standards were formatted after the Fon Collins ordinance and arc similar in most aspccu . He said lbal lhcsc standards also were prcscuted as a IIIUdy .aioll item to City Council in August. they were prelCllled to the Plaooiog Commission in Sq,tcmbcr and were approwd and recommended to be forwarded to Couocil. 11lcy were scbeduled before Council on October 7. 1996 and arc now before Couocil tonight. Council Member Vormittag asked what is considered large rc:lail acreage wise. Mr . Simpron swat lbal in aa:ordance with this ordinance it would be any rc:wlcr 20.000 square fca or larger in size. Rcspooding to Mayor Bums. Manager Simpson explained lbal ii is a little smaller than the Fon Collins provision and lhal is where some of the application of this orclinaoc:e bu been tailored to fit more of the .-is al the Englewood cxpcricnce . Mr. Simpson 5lalOd lbal when you have a silllation. like Fon Collins or Highlands Ranch. wbcrc you have new development oppoltllllity, you have much more common oppoltllllity to get out there and get larger rc:wlcn . Mr. SilllplOII explained lhll in this paniculu case. in I • 0 1- • • • Ea&lewood City CINIDCil N-ber4, 1996 .. l 0 I• • EDglewood. where we: are cloiDg much more oi an in-fill silUalion. we: wanted to be sure that we get ii so lhal ii applies much more IO !be kind of development that we: sec here. He said Iha! is where it is coming from . Council Member Habcnicbt Slated that one oilbe ma;or conccms she bas beard. from people over time, is !be larglC sea of parting associated with a lot oi !be larger retail deYelopmeot. She asked if this addresses that issue in !be same way lhal !be Fon Collins onlinaoce docs and if ii differs. how docs ii differ and bow docs ii penain directly to Englewood. Manager Simpson advised that Ibis docs address !be issue of partiDg. He DOied lhal !be Fon Collins ordinance sugaaed that parting be limited to oo more lhao 50"/. al a parting lot in ftoal of !be primary facade oi a strucmrc. a RUiler, and !be primary abuaing stn:cl. He said that Ibis paniaalar vasioa sugeas lhal oo more lhan 70% be permiaed benwen lhc primary facade and !be primary abuuing street and lhal !be remainder of all !be partiog lhal is requiml for a site. must be either IO !be side or IO !be RU oi a RUiler. He ooted lhal is where lhc primary change occurred. Mr. Simplon explained lhal change OCCUfflld during Pluming Commission review. because some of !be Commissioners felt that in a sillllllion such as Englewood we: want to address ii from a standpoint Iha! citizens here don '1 want IO have it all to the rear or 10 lbe side. So. he said. 7<W. seemed to be much more of a reasonable direction in their opinion. Mayor Bums asked if that bas 10 do with the in-fill issue too, rather than having more space if you arc on !be outer perimeter. Mr. Simpson said not necessarily, that ii was meant to much more apply to the tastes oClhis amununity. Council Member Habenicht asked. for example. if it would apply to a situation such as the Walgreen store on Broadway. Manager Simplon advised lhal he bas not done a diRICI application. that he could probably speculale. Ms. Habenicht ooted it dqJends on what you consider !heir fronl is. Mr. Simpson ackoowledged lhal that is pan of !be problem. In that paniaalar situation !be ftool of that building docs 001 face Broadway, that ii actually faces IO !be side street and !be oriealalion is different in that particular scose . Mr. Simpson Slated that !be parting is kind of in an L shape in that situation and be said he docs not know where !be primary amount of that putting is al Iha! site. Council Member Habenicht asked. for the purpo&eS of this onlinaoce. what would constitute retail . She said they have heard some talk about, for example. a movie lhealer complex. She asked if that would be considered a retail eslablishmenl Manager Simpson said if she is thinking about how it might apply to lhc proposed Cinderella City rcdevclopmeoL where we: do have a proposed theater complex. since a majority of that project is being considered as a retail orienwion. you would apply these Slalldards to thal whole projecl. lbe whole site. He asked if thal answc:rcd her question . Council Member Wiggins advised Ms . Habenicht that it is on page 16 and 17. one is large retail and lbe other one is retail. Mayor Bums said lhal he guessed because Cinderella City will be a PUD thal lhls would be integrated either in whole or in part. depending upon how all of that worts out. He asked if that is nght. Manager Simplon ooted then: arc two ways of looking at iL but cenainly Ibis is going to aulOlllalically apply. He dircaed Council· s allenlion to !be very lint ponioa where it talks about applicataoa. where it says it shall .pp1y to all new projecu that include a retail developmcnl oi 20 ,000 squuc feel or more as a use by right or wilhio a planned unit deYclopmenl wilhout equal or more lilriogeol retail design Slllldards and guidelines. So wbal lhal is saying. he adviml.. is that wilhoul any design guidelioes or Slalldards that are alrady in place, if Cinderella City. for example. came in and clidD 't have any piddiacs. lheac would apply. He OOled. in Iha& panicular ioslaocc. if they were more llriCI and tet more llriogenl Slllldards lhao lbese are suggesting. lben lhc PUD would apply. Mayor Bums pointed out Iha& ii also add,-lhiop such u outdoor SloragC. Uull c:ollottioD and loading aras. Maoqer Simpa,n said 1h11 ii is Clllllpfdleosive and ii is meaol lO rally apply to !be eatarc site. I • 0 • • l.apewood City Coucil N-ber4,1996 .... 0 - because what we arc talking about is the visual environment that these kinds of establishments CrealC and this is a means by which to really raise the quality. He opined that it really does help begin to~ that. Council Member Habenicht asked if an automobile dealership is considered a retail establishment. Manager Simpson said DO, not for the purposes bcrc. Council Member Halbaway said she bas a question on page 10, about the guidelines for entrances. She advilCd that she bad a queslion raised by a a,uplc al members al the Chamber of Commerce about the guiddiDc that says large retail buildings should falun: multiple entrances. She said the comments that were direcled to her where rdlecting the differeoces ~ a K-Malt for example that bas multiple cbeck-oulS all in one localioo that filnnel people to oae localion and then in and out one door, versus a Scars Deputment store that bas rqiSICl'S in individual depanments. She said the a1ggarioo that was given to her was to look at pulling in there. as mucb as pcmible. that large retail buildings should feature multiple entrances. Manager Simpson asked if they want that as a guideline. Ms. Hathaway asked if this is only just as a guideline. Manager SimpiOII advised that this is strictly a guideline. that the standards arc mandatory for new retail establishments. 20.000 squaR feet or bigger. He said the guidelines arc only sugc:stions and to be used as guidance only. In rapoose to Council Member Hathaway. Mr. Simpson a>nfinned that the standards that appear down below arc the n:quirements. Ms. Hathaway said that there is a possibility that this would apply down in there too, though. where you have a principal building din:c:lly facing more than two abutting public streets. For example. she said. if you had one that faced both Elati and Hampden they would be n:quired under this to have two separate entrances. Manager Simpson said that yes. it is n:quiring that. Ms. Hathaway advised that they wanted him to. if at all poaiblc. look at that. She acknowledged that it will be dcpcndcnL obviously. on what is filed with the PUD , what kind of stores we're talking about and wbcrc they arc going to be laid out. But. if we have that in there as a srandan1. they just wanted some review of iL because it may not be possible for that particular store in their normal architecture to do it that way . Manager SimplOII said that is undcrstandablc and there are going to be inswx:a wbcrc that happens. So. Council Member Hathaway asked. what would be the procedure. Manager Simpson referred to page one wbcrc it talks about the fact that the Planning and Z.oaing Commission is empowered to grant cxcr.plioos to the mandatory SWldards under the following cim1!Dlblnca I) where the strict application al tbal llaDdard would result in peculiar and cxcq,tionaJ praclical difficulties or undue hardship upon the owner. and be said it goes on. It talks about altemative site planning that meets the design objectives. that would be equal or better or wbcrc either of the foregoing, the exceptions. might be granted without IUbmntial detriment. In Olhcr words. be said. the Planning and Z.Oning Commission may have an opponunity to review this and make some suggcslions to some of those, if there could be shown to be reasons why that should be going that way . He pointed out there arc methods. that certainly when you arc dealing with design. design is always in the eye of the beholder and whenever you swt setting forth mandatory design standards it raises a lot of questions. What happens when you get an exceptional design and it doesn't meet this. how do you make that apply? He swed there arc ways to do that here. Council Member Habenicht asked what happens in a situation. for example. like with the Trolley Square dcvdopmcnt when we brought that one forward. if it bad been developed under these guidelines. She noted a certain amount of the puking would have to be behind. or what have you. and some of that would probably fit into the proposed retail development that would be going on that northeast corner. But to date it bas been two years. a year and a half, and tbcrc is still DO development tbcrc. but that would have Iii into that because of where the puking would be sihllled. So. she uked. what happens in a silllation such as that where 70"/e of the parking all of a sudden turns into the silllllioo wbcrc 80% or 90% of the partang is right there up front. Ms . Habenicht asked how this addRSICI that. She said she gueucd she 1s caoccmed about that 70"/e figure and would like to w that pcrbapl reduced to a lower pcroen&agc. Muqer Simpson said that what be could sugal is tllll tbelc llaDdards apply to all ~ • I • 0 • -~-----------~-------------- hliewood City Coucil N-ber 4, 1996 .... 5 0 • pn,jecU • a gaiddine Ollly and so, ia a pa1icular silUllioa such as Trolley Square. we would be PIIFl"iag dial you aJIISider tbclc. thc ardliaec: might want to Plggcst looking at these, see how they migbl apply . But. be~ they ccnaialy would not be a maadalory direction. So in that particular imlaDce l.bey may or may IIOl ci-to do that. He advised that tbcre are other ways to deal with an:as such • tbat. that these may lllll be rally applic:ablc to. He said that is thc best way to answer that. Thea, Couacil Member Habeaicbl asked. what is thc purpose oCthis. Manager Simpson said that this addreSles new developmeals primarily. Ms. Habeaic:bt stal.ed she uaderstands that. that she is just saying if that \IWft a new cleftlopmml bow would tbal be dealt with. Manager Simpson said okay, if that were a bnDd new ckwlopmeat. wbere you had King Soapen going in. you would have to abide by these . Ms. Habeaic:bt said what she is P1gesling is. ray they would baYe abided by them based on that pan of thc retail establisbment going ia tbcre wbicb -1111( been buill bow would thc community be proleCtfld from IO!l!dbiag IIOl bappcaing Manager Sialpma IIOlCd that what Ms. Habeaicbt is sugcsting also is. in that paniallar cam, tbcre -a planned deYdapmeal • thc lime tbal -ia place. Ms. Habeaic:ht explained that she -jult using this as ID example. Mr. Simpma said be UDdenlood that. that be is saying that in thole panicular illSlallCeS wbere you baYe a modiflca&ioa. to what would have hopefully been an overall site plan that had to be ia place. tbal had IO follow these g,•iddines if they came i.:k and were Paggestiag some cbanps. dlOle would baYe to either oomply or tbcre are methods by wbicb to address that too . Ms. Habeaicbt said she is P ..... iag tbal ia this panicular CW if tbat would have happened. tbcre would have been no cbanFS, tbcre jull would DOl baYe beea a dcYdopment. So. she asked. what would happen there. do we baYe any proteelioa. Manager SilllplOII axamen&ed tbat be must not be underslanding. Council Member Habeaic:bt said what she is raying is does the pretend 709/e. lhe 70-/e is. in a situalion like that. gone for pmtiag ia en. amt pan al tbal is i-. pan al their development is going to be taking up a comer and pan of tbc pll'kiag is going to be bcbind tbat comer. but they never do develop that corner, so it IW1II out tbal 90% al dlCir parking is ia en.. So. she asked. what prevents that from happening with this. Manager SiJ11!W aid IIOllliag. Ms. Habeaic:bt --.I tbat is why she is aJDCaDed about the 70% figun:. Mr . Si...-..i tbal it is w=ry difficult to forte development. you baYe a plan in place and planning City pvwth is always inane 111 and cwlu&ional . He staled it is always on-ping and you can't l'orce ID cad solulioll. He DOied you can. but tba1 be was afraid you would ne,,er pt anybody who will Ii~ with it amt they will go away . Mr. Si....,a said tbat be. for one. would ne,,er a,mc forward and say tba1 be would guan.-c lbal a project will happen. because they will never get people who will ray that. So, be l1lgelfed. lbal if you want to baYe that guarantee you are either going to baw to write it into a developmcn1 agn,emenl as pan al the project· s development plan. which is ,-able. but again. be said. be felt lbal permi would go away , or you Ii~ widl the possibility that it may or may not clevdop. Tben, Ms. Habeaic:bt said. this is primarily a guideline. Manager Simpson said no, tba1 it is lbmlutcly ~. He llid Ms. Habenicbt is providing a scenario that suggau tbat as you plan il the plan Rlqllircs that 70% of thc parking be allowed to be in front and what she is sugesting then ia tbat panicular c:a1C where you baYe a project that may not be fully developed out ycl what happens to pR\'CDl tbat from _. going into place. The answer. be saicl. is notbiag. But. be pointed out. you allo baYe a place on tbal plan that will po1eD1ially be~ IOllleday too . The -. be notal. is allo true. Mayor Bums oommcotcd that these guidelines are obviously enforceable: and the Planning Commission WI its poMI' to gran1 cxcepcioas. Ma-., s-i-,n S1lalCd tba1 they are not just guidelines. be said be wuted to really be sure Council uadenlands tba1. They are. be explained. standards. they will be mudllory. There are pon;-ol this lhl1 are guidelines but there are mandatory portions. Mayor Bums llid be uml the WIOIII word. tba1 thc l1IDdanls are rally what be is talking about . Mayor Bums asked if tbcre was anyoac ellc who wisbod to speak. No one came forward. .. I· 0 • Eaeiewood City Couac:il NO¥ember 4, 1996 Pqe6 0 -I • COUNCU.. MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBUC BEARING. Ayes: Council Members Hathaway, Vonniuag, Wiggins. Habenicht, Waggoner, Clapp, Bums Nays: None Motion carried and the public hearing closed . ••••• Mayor Bums reminded everyone that when Council has a public hearing on a measure. they do not vote on it on the same night, that they VOie on it at the next meeting. He explained that is just a standard Council bas adopted so they don't rush into voting on something. (b) COUNCU.. MEMBER BA THAW A Y MOVED, AND IT WAS SECONDED, TO OPEN TIO PUBUC BEARING TO GA TBER CITIZEN INPUT ON HOME DAY CARE ZONING. Ayes: Council Members Hathaway, Vonnittag. Wiggins. Habenicht, Waggoner. Clapp, Bums Nays: None Motion carried and the public hearing opened. All testimony was given under oath. Planning Community Coordinator Stitt submitted for the record. Proof of Publication of Notice of this Public Hearing. which was published in the Englewood Herald on October 10. 1996. He explained that this public bearing is to consider some amendments to the Comprehensive l.oning Ordinance that address home daycare. He said that. for the sake of the audicoce. he would go through a little bit of the history of how this came to be pracoted before you tonight. He noted that earlier Ibis year there was eofon:ement action taken against a daycare operator in the R-1-A l.one District. Mr. Stitt pointed out that brought 10 light the fact that there are several home daycare operations in the R-1-A l.one District. Currently. the way the R-1-A l.one District is set up. home occupations are prohibited. He rciteraled that no type of home occupation is allowed in the R-1-A l.one District. The individual involved in that eofon:ement action came before Council and requested some relief and requested that Council consider amending the Zoning Ordinance to provide for that type of home occupation in the R-1-A . Mr. Stitt advised that matter was referred to the Planning Commission and the Planning Commission held a series of meetings to gain input and prepared a recommendation through a set of proposals for consideration tonight. Currently, he noted, there are two parts to this proposal . The first pan is the allowance of daycare as a home occupation in the R-1-A and the second phase of the amendment is to allow some changes 10 the definitions of home daycare in all the other residential zone districts. Just by way of explanation. he said. currently in the R- 1-B. R-1-C. R-2. R-2-C. R-3 and the R-4 residential zone districts. home daycare is pennitted as a home occupation and is limited to one 10 four children. Large daycare homes are permitted in certain zone districts which provide care for five 10 twelve children. Currently. those types of facilities that serve between five and twelve children are classified as small child care centers in our zoning ordinance. So. he said. we have daycare homes. which provide care for belween ooe and four children. and small child care centers. which provide care for between five and twelve cbildreo. He maintained that was somewhat coofuslog because Slalc regulatjon SlaDdanls bave a di&rmt DO!NDd1b1re. So. he Slated. our ordinance is an altempl to bring our definitions of home daycare in liDC with Slalc lic:ellling practices as well as provide home daycare in the R-1-A Zone District. He said he will lalk about the R-1-B and other zone district regulaaioas firsl. and then he will lalk about the R-1-A. Mr. Stiu explained that what is being propelled. in all bul the R-1-A Zone District. is a cballfe in the language o( the regulatioas that would change from a daycare home to what the Slalc classifies • a family child care home. which is basically .. I • C • Eaclewood City COUDcil N-ber4,1996 Pqe7 • 0 • I • the same as a daycare home, it is just a change in nomenclalwe . Also, he said. they arc adding a provision for infant and toddler homes. which is a category of daycare that was not in the State regulalions al the time when we. in the City ofEnglcwood, adopted daycare standards about ten years ago. He advised that what we arc proposing is that, as a home ocx:upalion in the R-1-B , R-1-C , R-2, R-2-C , R-3 and R-4, you arc allowed to have a family child care home or an infant toddler home . And, he stated. the standards for that would allow for less than 24 hour care for two or IIIOR children up to a maximum of six, with additional care for two cbildml before or after school. ID addition to that, he noted. they arc changing the name of the small child care center, which c:onnotcs something more than a home operation. to wbal the Stale c:lassifics as a larlC c:bild care home. He advised. that baic:ally is just changing the name, the regulations Slay pretty much Ille same. Again, be DOied. the ddinitioD al a larlC c:biJd care home is a child care facility that provides care for SM:D to twelve c:bildrm. So the maximum number of children rcamiDS the same. they arc just c:banging the -to rcftec:t the fact that Ibis is the type of activity that is going OD in the home and DOI a c:eatcr or 11111ft al a commcrc:ial type of an operation. Mr. Stitt said that the other part of the amendments arc to address the silllltion of daycare in the R-1-A l.onc Dislric:t. He advised that tberc has been prcscnlalions before Council conc:eming the number of home daycare providers in the R-1-A l.onc District and. in order to allow that. the ordinance has to be amended to allow for a spcc:ific type of home oa:upation in the R-1-A . He stalCd that in order to allow for that the Planning Commission is recommending that only family child care homes and infant toddler homes be permitted as a conditional usc in the R-1-A l.onc District. Mr. Stitt offered that the difference between a home occupation as a permitted usc in the other Z011C dislric:ts and a conditional use in the R-1 ·A l.onc Dililric:t. is that in the R-1-B and all other residential zoac disuicts it is essentially a usc by right. There is a set of criteria by which the home oc:c:upation is rcgulaled. but beyond applying for a home oc:c:upation lic::cnsc and having the site inspcc:lCd by a code ~ officer tbcre arc no other rcgulalions. As a coaditioaal usc in the R-1-A l.onc District Ibis would require a public bearing before the Planning Commissioo to review any potential impacts that UIC may have on the neighborhood . Mr. Stitt said that. just by way al c:larific:ation. he would like to say that if Couac:il does adopl this set of rcgulalions. including the conditional usc provision for daycare in the R-1-A. all cxisling dayc:aR providers in the R-1- A would have to seek conditional usc approval to remain in operation. He asked if Council had any queslioas. Mayor Burns asked wbcrc the proa:ss for coaditional usc wa loc:lled. Mr. Stitt explained that the coaditioaal usc provisions arc in another scctioo of the 1.oniDg OrdiDaDc:c. that tbcrc is an application and application fee that need to be submitted to the Offic:c of Neighborhood and Business Development. He added that the 5lafl' then sc:bcdulcs a public: hearing before the Planning Commission and the decision on the coaditioaal use is made by the Planning Commission. it is DOI referred on to City Council . Council Member Hathaway asked City Attorney Brotzman iftbcre is any possibility 10 have this. and have the ones that arc currently licensed and can prove that they arc c:urrently licensed in R-1-A. be grandfalhcrcd in and make the conditional usc go into effect after the lint of the year . She questioned whctbcr there was any way to do that. City Anomcy Brotzman c:larificd her question and noted that actually there arc DOI supposed to be any there currently . Ms. Hathaway agreed that was true. but she pointed out some of them do have Colorado licenses and they can prove it. City Attorney Brotzman asked if what she is wanting is to have the ones. that arc there c:umotly. register without going through the c:urrcnt proa:ss. Ms. Hathaway said that is right. Mr. Brotzman DOied that is not the way this is designed. but that they can do language to design it that way if sbc waDIS. Council Member Hathaway asked if that would mean that. as of the lint of the year. they ~ still have to go through the conditional U1C process. She explained that she would like to forego the conditional use permit proc:cu for thole that arc c:urrently lic:cnsed. can prove that they arc aaneatly liCIClllcd or can prove that they have been lic:cnsed for a nwnbcr of'ycan al that address in the R-1-A I.one . City Altorncy Brotzman stalCd they can draw up language that would let that happen. that it ~ be a rqistration process rather than the conditional use process . However. he pointcd Olli. when you do 1h11 you arc permitting U1CS without ... I • 0 • er-------------------~------ l.ackwood City Coucil N-ber4, 1996 Pqe8 0 • the public bearing that his been designed for the conditional use . He noted you are somewhat cutting off the public process of letting the neighbors commenL Council Member Hathaway said she just wanted to know if there is a way to amstruct lhal. after we get the public testimony, because there has been some comments on both sides of this and there might be an effective compromise by allowing that to happen . Mayor Bums asked if that would be as of the time when they imposed the moratorium or has anyone set up since. Council Member Hathaway asked when the moratorium ends. City Attorney Brotzman advised you can either do that when the moralllrium began. which it would be a lot easier to use when the moratorium began rather than currently. Ms. Hathaway Slated that they could establish a time frame for this partiaalar process. Council Member Habeaicbl asked ifby allowing mmedling to happen by conditional use, does that transfer with owncnhip of the property, or once there is a conditional usc on a piece of propcny for a partiaalar kind o(thing. say in the R-1-A l.oac. could -sell their house and somebody else come in OD that conditional use . Mr. Stitt explained that typically conditional uses are only for that specific usc and that specific resident or owocr/operaaor. He advised that it is not like a variance that runs with the property. Council Member Hathaway asked about the registration. as she said obviously it would not follow either if it changed hands. City Attorney Brotzman advised that that is right. He said they would draft that the same way . Council Member Waggoner asked how the SWe can regisler or approve anything that is against the local zoning ordinances. City Attorney Broczman advised lhal they simply don 't check with us . Mr. Waggoner questioaed how they can approve it if they don't. Mr . Brotzman said they shouldn 't. Mr . Waggoner said theo any daycare facility that is in a R-1-A 1.onc. C\'Cll lhougb it might have been licensed by the Stale, is CSSCDtially illepl. City Attorney Brotzman said thal is right. Mayor Bums asked if anyone had any idea how many daycuc providers there are in R-1-A . Council Member Hathaway noted that she understood some of the ICllimony may list the current list as one of the people with the Child Care Aslocilllion was going to try to get a list. from the County and the Stale. of all the ones that are currently in licensed in EngJc,wood. Mayor Burns asked if we know how long they have been licensed. Ms. Halhaway advised that lclJs that too . Mayor Burns woadcred if there were any guidelines if you were DOl liccnscd a long II oae year or two ycan or something. that you would have to apply for conditional 111e. He poillled out that -may have been licensed for two IIIOlllbs when they put up the IIIOllllOrium and someone else his been there for tcn years . Just because they have a license is that enough. Council Member Vormiuag said be would say it should be like the pigs. if they had a pig. they go( it. Council Member Hathaway said ya. that aa the time the morllorium was put on. because of the fact tbal these people stiU had to go lluough the process to get dial licelllc. Mr. Vormiuag said if they are there. and they can prove it. they should get it. Ms. Halhaway DOied dial they had to ao thnJu&h the process to get that license and that requires certain review. problbly more so then we would have done anyway . Charlena Ruybal. 5001 South Galapago Street. said she rally doesn't underaand this :zoning thing. that she his a 1CVCD month old lhal -the world to bcr. Ms. Ruybli llaled lhal it aoa a liaJc clec:pcr than the maiag. Sbe said bcr babysitter is Sbellcy and she takes rally aood care oC bcr kids. thal she was not going to pay O!!llaadilh prices to put him in Kiaderc:ale. when she cu ply aood .-y wbcre be aeu aood care. illllad al littiq in a playpen all day cryiq and aac paiq aood care . Sbe opined thal the daycuc in the home is belier for her because she "-be is beiDa l8llen care al. there are not u many cbildrea there. be JeU oae OIi oae and the TV is IIOl on . Ml. Ruybli llaled lhal books are read 10 !hem. .. I . 0 • .,-------,1.------------------------ l.apewood City Council November4, l996 Pqe9 0 • I • there is interaction with other kids and they are learning things. She asked that Council please zone it. She advised that she lives on the same block and it is more oonvenicnt for her. that she is a single mom and it is just better for her thal way . Jackie Howard, 10725 West Ontario Place. Littleton. swed she just moved to Littlelon about six months ago, before that she lived in Aurora. She adviaed that she llndal from Aurora. past her job. to her daycare which is located close to Federal and Belleview. then she drove back to work. Ms. Howard explained thal the reason she did that is because good daycare is extremely hard to find. She said she liwd a block and a half away from Kinden:are. that she cbecbd that out and all the other daycares out and even privale daycares in Aurora. Ms. Howard Slated they were terrible, just terrible and that she was looking at quitting her job before she would entrust her child to somebody who didn 't care about her. She said she finally intcrvicwcd Gen Franklin, who is a daycare provider and she is excellent. She noted she is the same person day after day and she koows exactly whal she wants for her child . Ms. Howard mmmemed that she is vegeWian and that is DO problem at all . Her daycare provider. she said. feeds her exactly what she wants her to feed her and there are DO questions at all . She Slated that she is just great. she is the same person day after day. she is nunuring and loving. Ms. Howard notal that when you have to work you want that kind of thing for your child. She said when you have somebody Ms. Franklin· s age . that she knows there is not supposed to be age discrimination. but if Ms . Franklin was forced to go out of business. she would be looking at welfare or some kind of public program like that. So . Ms. Howard said. closing down things that are viable businesses. bringing money into the City of Englewood. just seems like a bad business choice. Vera Montez. 2925 South Elati Street, commented that this doesn 't pertain to her because she lives in light induslrial and would guess that she could do wbatcver she wants. However, she said. she does not plan to live there forever, that it is getting to be a rundown area because there are a lot of rentals and she is looking for a new house. She said not a new house, because she can't afford a $200,000 house. but the homes she can afford are homes in R-1-A. that she likes . Ms . Montez commented there are a lot of homes in Englewood. but she is kind of picky and she likes certain areas. for the parks. for the kids safety. the nice homes. bigger homes . She said yes it is self-serving that she is here for that reason . Even though they grandfalhcr the providers in now. which she is for anyway, it is still DO way for her to buy a house and to continue to do her business. She said she bas done business for going on nineteen years. bas a lot of credentials. was president of Colorado Association for Family Child Care for four years and is still very active in Englewood and the associations. So . she Slated. the way the wning will be read. or is now. she cannot buy a house in that area. there is no way . Especially if the zoning passes the way it is . The reason. she said. is zoning number one and number two. if she does find a house she rcally likes over there. what is she going to do. Say here is some money, hold it until I talk with Z.Oning. until I get all these things done. She opined that is not feasible. that is not a choice . Ms. Montez Slated she would like to see the zoning. as it is in Littleton. where it is okay 10 do it. She said you talkal about the large daycare homes . that yes there are probably one or two in Englewood. However. she advised. the maJQrily of them do DOI want to do a large daycare home. they don 't want seven to twelve children . The people that have SW1ed doing large daycare is because their husband bas been laid olf or have loll their ,obi and that 1s one way of getting an income . So . she said. she cannot see where property values have gone down 10 the last ten years. thal they have gone up. She pointed out that Council did not even know their were eighteen providers in R-1-A until somebody got in trouble. Ms . MolllCZ said whal she is asking Council is 10 please revisit that and make it a little easier for them 10 buy a different home in Englewood. She said she doesn 't want to leave Englewood. but she does not Wlllll lo liw wbeR she is II either. that rentals Just are not good. She thanked Council for liSICaing to them and for the new definitions in all the other zones. She said that is really good . I • - • • • •r--------------~---------~----- Ea&lewood City Council November 4, 1996 PqelO 0 • Evelyn Vaughn. 3300 South Washington StJeet. advised that she has two grandchildren and both of them have been taken care ofby Aunt Gen . She said she feels safe, she is wonderful and she asked that Council not take it away from her. Ms. Vaughn said they love her. Sue FilZSimoas, 2763 South Osceola Way, Denver, advised that she has a fifteen month old baby girl that she bad in another daycare before she took her to Aunt Gen. She said that now that she is with Aunt Gen she loves it there. she gets kisses. Ms. Fitzsimoas Slaled that when she is at worlt she doesn 't wony, which to her is worth every dime she pays her. Rhonda Franklin, 10935 North Chalfidd Dme, Littlc:ton. said she is present to speak on behalf of Gen Fruklin, that she is her IIIOlber-in-law and has been for twenty one years . She DOied that as they can see , from the people who got up and spoke about her, that she is terrific. Ms . Franklin said that if they are talking about bringing property values down she thinks that is wrong. Bcc:ause. she pointed out. the SWldard that the Stale sets for these homes is high. fences. the inside of homes. She DOied they have to maintain a cenain SWldard for the Stale in order to operate. If anything, she opined. it would bring up the value in the neighborhood, not bring it down . Ms . Franklin said that if you are talking about quality of life for children, what better quality axald you get than somebody of her caliber that loves the children. they get a lot of one OD one pen,oaaliz.cd care, they are not stuck in a playpen all day . She DOied as they said they get a lot of kisses and hugs. a lot of stories read to them and she thought a parent should have a right to choose not to take their child to Kindertare or LaPetite. So. she said. if you are lalking about standards and values, then she felt they better lake another look at it and change the zoning to allow for these privaie homes. Jacqie Gee. 6281 South Cedar Street. Littlc:ton. said she wanted to reiterate how imponant she feels in home daycare is. not only the quality but also the consistency the children get. both in their provider on a day to day basis, but also with the children that they are together with. As opposed to a lot of daycare ceotas. there is a lot of turDOYer both with the cbildren and the providers. She said she also has some queslions and coaa:ms about the process of changing the zoning, the whole conditional use. 10 her. is still kind of vague and fuzzy, and she did not feel it his been very well defined. Ms . Gee commented that they talked about whether it wouJcl be llaDlf'erlble from residence to residence. But. she asked. how is that going to wort if the house next door sells to a daycare provider. once they get the license. once they get the conditional use is it good for all time OI' is it just good OD a year to year basis, how does that work . She asked if that is defined. City Attorney BIUCZmaD said conditional uses are for all zoning dislricts and there is a set of criteria that you have to meet. Ms. Gee asked if it is renewed yearly . Mr. Brotzman said no , that runs with that person in that house . He explained that means if that house is doing daycare that is where the conditional use goes to, it does not go to the neighbors houses it goes to that house. Ms . Gee said she knows that. but isn 't it so the neigbborbood can talk about it or is it j ust to serve notice to the neighborhood. City Anomey Brotzman SIited lbal it is to do more than serve notice, that is one of the elements. that the Planning and 1.ooing board has a set of criteria that they have to meet in granting any conditional use . He said that means that it stays with that property after it has been granted with that person. that means if new neighbors come in it is not changed. Ms . Gee noted that it seems that the way this whole thing was brought up was thal there was some bickering between neighbors and if that was the case in this situation would the daycare license not be granted because of that situation that this neighbor bated it or she asked bow that would work . Ciiy Attorney Brotzman said not necessarily because they hate it Ms . Gee said she does hate the neighbor. Mr. Brotzman advised that Planning and Zoning always takel into account what the neighbors feel about a particular issue that is coming u a conditional use . but in industrial areas certain types of UICI are conditional UICI and they are usually a heavier use than what is CWTCDdy there. He said one of the standards they will look at. always. at daycare and it is one of the listed standards for conditional UIC5. is traffic and bow thal will impact the neighborhood . So. Mr. Brotzman adviacd. that if you have a use that is much heavier in traffic orieDlalion that is oae of the things that Planning and 1.ooing is always going to look at. thal is one of the iaa thal they would look at for I • 0 • .,-----:---~-----------------~- Enpewood City Council November 4, 1996 Page 11 0 I• - daycare as well. Ms. Gee opined that that process needs to be defined. that she still doesn't understand it very well. She said she wamcd to reitcntc that in home daycare is very imponant and she urged Council to change the mning. Sbeilcy Gibson. S020 South Ga1apago Street. submiacd one more letter for the record. She noted a lot has been said over and over, that she is a licensed daycare provider, she is in the R-1-A District and has been operating her daycare for over eight years. Ms. Gibson stated. and she noted she said this last year at this time. that it never dawned on her that there would be any mning problems. She said she didn't check into it either. Anyway, she said. she wanted to continue to urge Council to allow licensed daycares to operate out of homes localed in this District. Ms. Gibson advised that she has provided care for many residents in this District. and for teachers that wort at Clayton Elementary, which is in the District also. She opined tbal quality in home daycarc should be readily available to people who live and work in the District. as it is in any Olbcr area in Eaglcwood. She stated tbcrc is a large need for those children who attend Clayton ElcmeaWy for before and after school care. Ms. Gibson CXlllUIICllted they have a daycare program at the school, but that it is DOC nculy largc CIOlgb to aa:ommodate for all the children who need care after school. Thcrd'orc. she stated. home daycare that is clOIC enough to the school. is in large demand and it is really nccdcd. She said this could be said for Charles Hay Elcmcnwy as well . She said she also wanted to stress that if they do not allow licensed home daycares 10 operate in R-1-A it will create great hardships for the children and families that arc in their care. She noted that in their business. as Council has heard. they form bonds with their children and the families who trust them with their children everyday. She said that is why it is called family child care. Ms. Gibson maintained that you cannot find that family atmosphere in a large daycare facility . She advised that she has brought most of her daycare parents with her tonight and they have attested to this with their letters and by speaking to Council this evening. She said she hopes Council can sec the imponancc of having in home daycares, including those in the R-1-A District. Ms. Gibson asked that Council consider that at this time there arc probably about 100 children in the care of licensed providers in the R-1-A District. She said. as she is the referral person for the Arapahoe County Daycare Association. she knows for a fact that there arc not I 00 opcrungs in I.be whole City of Englewood to place these children if this docs not go through. These children have to go someplace she said. and if you don't allow licensed claycarc Council will be encouraging unlicensed daycare, which is another problem which is very unsafe and not monitored at all . Ms . Gibson stated that her greatest hope would be that home daycare woulcl be allowed to operate equally throughout Englewood. whctbcr they arc in the district or DOC . She opined that daycare providers such as herself should be able to add to their community by providing licensed daycare with the suppon of their community. Mary Paxson. 6428 South Steele Street. Littleton, stated that she has three basic issues with what is going on today with the daycare and the zoning laws. Finl of all. she said. it would be the seeming affect of double jeopardy which the conditional use 7.0lling laws seems to be pulling these daycare providers into. And. she noted, the economic impact on the collllllllllity. as well as the City 's interference with her right to c1-how her children arc raised. Ms. Paxson pointed out that the basic premise of our cnminal justice system is that we do not put criminals inlO a double jeopardy situalion. which is in elfect what a conditional use clause would do. Not only arc these people required to be licensed by the Swc of Colorado. but they will also be required to be approved by the Englewood City Planrung conuruttce. Conditional use is one thing, she saad. but when she rcqucsled demognphics from the City· s economic development depanmenl she thought essential service better fit the definition for wha1 these people arc providing to the City of Englewood. She staled there arc over 17.000 children within a thRe mile radius of the City of Englewood. over SO% of the households work. they have two people working and probably 70% of those households arc defined by HUD as low to moderate income houses . The economic impact on these people to enroll these children in a commercial daycare would be devastating. Ms . Paxson stated that she has a seven month old and a five year old and it would cost her S 1200 a month to pul her kids in a commercial daycare. She noted that is more lhlll her mortgage payment. car payment and her household expenses put together. Ms . Paxson pointed out that is a lot of money and she is not considered • I • 0 • ------------------------~------- 1.apewood City Couacil Nmember4, 1996 Pq,e12 0 • .... low 10 moderate income. She said the lhinl thing is her right to chose how her children arc raised. She swed that like a lot of the parents here, she inaervicwed nwnerous in home daycare providers. went to four or fiw: of the major daycare providers. daycare centers in the City and was totally distressed al what she found there . She said she found infants in cribs, ICll infants in a room with two people. toddlers in the room as an <M:lflow, half of those kids were in their cribs screaming. Ms . Paxson swed she did not want her children in that environment She said tbal her son has been in Ibis daycare home since he was eight months old, that they lived in the City of Englewood al the time she found her daycare provider. Ms . Paxson noted that be calls her grandma. be goes every Monday morning and says -gosh Grandma I love you and I missed you ." She said her sewn month old holds out her arms ew:ryclay to her and smiles and she cried today wbcn I took her back. Ms . ..._ swed that she is not in a position that she works because she wants to. that she worts because she bas to. She commented that it doesn 't maner which way she slices and dices the budget at her boUle she is always S600 sbon if they don't haw: her income. She said she cannot cam S600 a .-ab on put-time wages. Ms. Paxson maintained that she needs to haw: good quality cue so that she can raise raponsible children. who will in tum be in charge of Council in the future. She said that her childrell will be sitting in their spot in another JO years. She swed that Council <Ma it to them to giw: them the best daycare available and she opined that in home can: provides us with that. Peter Edstrom. 6424 South Williams Street. LittJdon. said he is an executive consultant to small business . He said be came down in suppon of his friend. but in listening 10 the hearing tonight he found it quite interesting. He commented he would haw: to say that he does kind ofagrce with Mr. Waggoner 's position. as be thinks that the approach to the daycare sinwion. with not going through proper zoning and all of Lbat. is an issue. However, be said be deals with a lot of small businesses and they are always the product of a niche or a lack of society . He swed that be bas a small son also and be agreed that the big daycare facilities do lack a lot of the intimacy that we all like to giw: our kids. grandkids or whatew:r. Mr. Edllrom swed thal what he is here for is basically to suppon looking at the R-1-A zoning 10 help these people do their job. because there is a need for it. Whether ii is financial . emotional or whatever. he maintained there is a serious lack in the community for raising our kids. that is the way ii is. He said he k-. -people probably -.Id say that it buns their property values. but he said he does not believe it is a monetary iaue. He swed that. jllSI like Mary says, these are our kids and we have 10 provide for lbcm. Mr . Edllrom Slated that he thinks with pnadcnl gcMffllllCllt and ew:rything that we can come to a good resolve . He said whether you grandfather in. or whether you do a proper conditional use that is correct. common sense. not too much pcmment in it. llllke SUR ii is controlled and people in the neighborhoods arc protected. He fdl that was a good approach. but basically . seriously consider rezoning these areas 10 this definite need that we have in our society . Vickie Mohr, 67S South York Street. Denver. advised Iha& she is the principal ofCherrelyn Elementary School at 4SOO South Lincoln S!Ret. She said she apprecialcd the opportunity 10 talk . She stated she is bringing three perspectives that she -.Id like Council to review or rdlcct on as they make their decision with the :zoning propolal. She said that the lira penpectiw she -.Id like to share is her perspective as principal in this puticu1ar City . Ms. Mohr COIIIIIICllled lbal nea dlougll she is the principal at Cbcrrelyn. her colleagues. the other principals in this City. often share and '--n the fact that they have a difficult time helping parents arrange daycare for their cbildrm. Ms . Mohr opined that ii is a critical issue. it is not going to go away and she said she sees it getting ew:n mon: critical as the years go by . There are children who need more care and there are 1110R chilclrea who need 1110R cue. The other penpcctiw:. she advised. is u an emptoyer. as she interviews penpoc:tiw: ICIICbcn she finds that one of the critical questions they have for her is what about daycare ~ for my own children as I come as an employee in this puticu1ar City. She stated ii is difficult to__. thole quauons when she knows that there arm '1 CDOUgh daycare situations for the teachers who come here with their children. The third penpoc:tiw: she said she wanted 10 share is that she too is a pueat. 1h11 she too acceues daycare in this pu1iaa1ar City for my own children with Shelley Giblon. who o&n fine. lovin1, wonderful in home day .. I • 0 • E•&lewoocl City CINIDCil November4, 1996 Page 13 0 • - can: for her children. Ms. Mohr asked that Council consider these three perspectives as they go ahead and make a move on this plllticular proposal. She Sl.llcd it is a critical component of our future for the children that we deal with. She said she speaks with her whole heart in suppon of whatever Council can do to provide more daycare. Joan Smallwood, 4737 South Fox, Slated that she is a licensed daycare provider, that she has been licensed by the Stale of Colorado for 17 years, although she bas been residing in Englewood now for just about a year and a half. She said. as Council is well aware. she came to this City, purchased a home here and was ocvcr iofonucd that R·l·A had the restrictions that it had. She advised that, having spoken with rcaltors that have homes for sale in the area. she disc:oYered that this is no( ao uncommon thing to have happen. Tlw you can come into this City. you can came into ao R·l·A zoned area and the rcaltors are vcry cager to sell you a house and will be vay clevcc at DOl dilClosing bow restrictive this zoning is. She opined that as a citiz.al you arc really tolally out on your own. you caooot rely upon your rcaltor to give you this information. Sbc said it is kind of scary, to say tbc vay least. Ms . Smallwood Sl.llcd that her biggest conccm is what will bappco if the zoning should go • it pracntly is. because lo ban the existence of child daycan: homes or to create conditions that could biodcr their cxistcncc is going 10 encourage the growth of uolic:ensed homes. She Sl.llcd it is vay bani to bclicvc that the residents of Englewood don 't care about the quality of care that is availablc for them to chose from. Which is cxactJy whal the proposed amendment will do. she said. She opined that it will create requirements thaL if not successfully completed. will force daycare either underground or into unlicensed daycare. She pointed out that prohibiting child can: is no( going to make ii go away. it is still going 10 exist. Ms. Smallwood noted that it is a sad but true fact that people do violalC laws to run businesses and if they can do so under cover and without notice of the City they will do so. Al least. she said. when you arc State licensed we appear on a list, our names arc there, ccnaioly the City can find us and they can shut us down. Unlike a lot of home hued busiocs&cs that you can't do that with. Sbc said she would rally hate to sec daycare go uodcrgrouod and unlicensed in tbc City. Ms. Smallwood DOied that unlicensed daycare bas a reputation for being ove.avwdcd and ccnaioly unsafe . Sbc said she would allo hate to sec her choice of a career and an oa:upaaioo be COIIIJ'Olled by perbapl tbc opiDioa of bcr oeigbbors. She IIOled that she thinks she bas good oeigbbors and Ibey all suppon bcr ~ baiaa. bul lbc docs DOC kmw naybody who lives widlin 300 fed ofhcr home. Ille poi8led Olll llley-lallwls b1ocb away . Sbc maintained that if they have bad a bad daycare cxpaiencc or for wllalew:r-. she did DOC "-if they should have a nghl to tell bcr what she can do for a living as loag as wllal Ille docs is lcpl, is S&are liccmcd. approved and ~tored by tbc Stale on a oonci•-bws. ApproximMdy onc-founh of the raidcntial area in Englewood is cuncntly zoned this way, all oftbc ClaylOD Elcmeawy is zoned R-1-A. Sbc said she bas a SIJOag conccm for the children thcrc. cloliog dowll lbc lia:med daycare could increase: the number of lalcbkcy children. She Sl.llcd thal. as -all well "-· cbildrcn ICIII home with keys without people 10 supervise them because there arm 't uy ~ i• tbc ara or tbc odier alla'Dalive is for parents to chose aoc1 suppon unlicensed daycare. Ms . Smallwood ao1a1 thal mcm11cn al Counat have indicaled they rcc1 that the property values may clcaaa: if tlleR -daycale 1-ia tllc ara. She saad she knows that her home ban 't dccrcued in the year ud ulf 11111 111c 1111 beell 1111ft Md dial ii is lier undcntaoding that IIIOll homes in the City of Englewood baw illClalld .. \11111c, pniblbly oonc1111IOlllly . over tbc lasl fiftcco yan since we bad our lul. maybe, dcprcw. In tllc pun:tmiaa ad Idling al homes. she Slaled. she bas DC\'er bad a rcaltor ever ioqwre of bcr what docs lier aapbor do for a livtng when pncang the value of her home. Childml. she emphasized are without a doubt one al INlr IIIOII preclOIIS blcssangs and procecting them is the responsibility of naybody in this COfflllllllllty . LICClllcd daycare. she opined. mccu lbc oecd of the parcou 10 have liccnlcd care in a sale cnvi-for thcar childml. Gcnevicvc Franklin. 3084 WCII RadcWr Drive. staled dial lbc 1111 been a daycare provider ror over thiny yan at the same place. thal lbc 1111 acvcr bad prablems with tnfflc. property or anyoac. She said they do do it IO IWVM and IO pul coaditiool oe tbcm is rally dilCrimialing aaaiml tbcm. Ms . Franklin noced thal Sbcllcy and Jou aid j ... about CYCIYlbina thal she ~ have aid. cxcep1 that lbc wanled to ... I • • Ea&tewood City Coucil Nllftlllber 4, 1996 Page 14 0 I • • thank all of her people that came to support her. She said that she hoped the Mayor and City Council would reamsicler and la the maing go without any conditions that would keep them from doing il Because. she said, sbe is not sun: what neigbbon would do either, CYc:11 though she has never had any trouble with any neigbbon. Ms. Franklin Slated she does know that we do need the daycare and they do love the children and having them in lbeir homes. Linda Montgomery, 74 79 South Depew Street, Littleton, commented that she could say everything that everybody here has said, they could bundn,ds more people here tonight to back them up. But. she said. as sbe sat there lilfr:aiDg it dawned on her that sbe did daycare at 30S6 West Radcliff Drive and she cballenpd Council to look this up. Wbic:b. sbe advilell. is right next door to her mom who has done daycare for thirty years . Ms. Moalgomery adviad that sbe did it for eight years. the person that owned the home before her did it far ten yan, so lbll is at leall 18 years of combined. continllOIIS daycare. She Slated that when sbe sold her bouae it sold far at least SI 0,000 more than any other home had sold for in the area. She cballenpd Council to look thole reconls up, becaule. sbe opined. they do llOl depreciale homes, they apprec:iale them and inaase their value . She asked who would bring their children 10 homes that are run down and are filthy . She Slated it doesn't happen and these people woulcln 't be here if that was the case. So. sbe said. sbe cballenpd Council to look those records up of daycare homes that have sold. She said sbe thinks hers was still the highest one in that area which has sold. but that was in the 1351 two years. Mic:bad Baird. 7217 South Sherman Street. pointed out that it is very obvious how imponant home care is to m:ryooe here and that is why they are all here. He said he would guess that the thing that he found inlcresting that the 7.0ning problem c:ame up and the gentJeman has stated how can they get a State license if it is llOl allowed in that l.Olling dislricL He pointed out that while 7.0ning is imponant. some things are much more important. He noted the more important things sometimes go without notice. because it does outweigh a lot of other things. He said that is just a simple observation. Wendy Smallwood. 6296 South Marion Way, Littleton. said that as a product of a single parent home when she -growing up she went to a child care center ud then she went to a home daycare center. wbeR she got much nae care ud belier care in. She llared that she waits on that woman when sbe WOlb -, -ud then ud she is a -*'fuJ woman. Ms. Smallwood noted that her modler-in-law also laka care of her daugblcr ud as infant she screamed all the time. She said she would llOl want anybody iD a regular daycare center taking care of her. becallle she knows they would have let her scream. She advi..t that her mother-in-law did not do not and she would not take her daughter anywhere dse. but to. home daycare. Angie Mettler. I 093 S North Cbadidd Drive. Littleton. Sllled that her grandmother does in home daycare ud she is very jealous of all the children tbaa pl to go there. because she is too full to take her son right -. She said she knows she gives excdlent care and if you are talking about the depreciation of the value of the homes. she poillled out that she bas -IIMl'al homes in this area. on her sueet and blocks away from her bollle. tbaa are so trllhed 1h11 if aaytbilla thole are the 011C1 that are dcpreciating the value. blollen down CUI. yards that are 11111 taken c:are oftllal are jull compleldy lnllhed. Ms . Metzler commented that if anything she spends her wedlends working on her yard. so her yud looks great and her childml are well taken c:are of. Council Member Hathaway asked that all ol the leaen received by Council and the City Clerk rqarding this iuue be emcred into the public record. Ms . Hatbnay poillled out that some are pro and some are con. !Clerk's note : Lcaen from Jackie Howard. Cartyle and Eva Eileabag. Mary E. Paxa.. Kim and Val Wilbelm. Mn. Franklin, Jacqic Gee. Frank C. and Ethelyn H. Miner, Mary Lynn Baird. Eileen ud Jeff Hemly ud a lellcr signed by Ric:bud D. and for Belly Ami Diaemore were enlCled into the record. I •. •· 0 • 0 • Ea&lewood City Coucll N._ller4, 1996 ••1s COUNCU. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO CLOSE THE PUBUC BEARING REGARDING THE DAYCAU IN R-1-A. Ayes: Council Members Hadlaway, Vonaiaag, Wigins. Habenic:hl Wagoner, Clapp. Bums Nays : Nme Motion carried and the public beariDg clam. Mayor Bums adviled that. u be mentioord earlier, Council will wee on Ibis mancr al the next regular Council meeting, NCMlllber 18, 1996 . He tbaMed C11C1yoae for coming and swed lhal Council apprecilled their intaat in this subject. 10. C-*A..- COUNCU. MEDER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 11 (a) (i) THROUGH (Yi) ON nRST READING. (a) ~ CID f" ... Reading (i) COUNCll. BILL NO. 61 , IN11tODUCED BY COUNCll. MEMBER HA1HAWAY A BILL FOR AN ORDINANCE EXTENDING 1llE mMPORARY SUSPENSION OR MORATORIUM ON CERTAIN MISCEU.ANEOUS BUSINESS LICENSES FOR AN AODmONAL PERIOD OF FOUR MOJIITHS . (ii) COUNCll. BILL NO. 69, INBODUCED BY COUNCll. MEMBER HA1HAWAY A Bll.L FOR AN ORDINANCE REPEALING Tm.E S, CHAPTER 12, SECTION J, OF 1lfE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO GOING OUT OF BUSINESS AND DAMAGED GOODS SALES AND RE-ENAC'J1NG A NEW CHAPTER 17 . (iii) COUNCll. BILL NO . 66 , IN11tODUCED BY COUNCll. MEMBER HA1HAWAY A Bll.L FOR AN ORDINANCE REPEALING Tm.E S. CHAPTER 12. SECTION I A. OF 1llE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUCTIONEER LICENSES AND ENACTING A NEW CHAPTER 18, AUCTIONEER AND WHJOf REMOVES AUCTIONEER FROM ORDINANCE NO. 2', SERIES OF 1996 WHJOI PERTAINS TO 1llE MORATORIUM OF LICENSES IN 1llE CITY OF~. COLORADO . (iv) COUNCll. BD..l. NO . 67 , IN11tODUCED BY COUNCll. MEMBER HA1HAWAY A Bll.L FOR AN ORDINANCE REPEALING Tm.ES, CHAP1'ER 12. SECTION IA. OF 1llE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO CHIUS1MAS 11tEE DEALERS LICENSES AND ENAC'J1NG A NEW CHAPTER 12, CHIUS1MAS TREE DEALERS . ,,. I . 0 --------------------------------------------------------- • • • 0 - Eactewc,od City CINIDCil N-ber 4, 1996 ... , (v) COUNCll. BILL NO . 68, INTRODUCED BY COUNCIL MEMBER HATiiAWAY A BILL FOR AN ORDINANCE REPEALING 1111.E 5, CHAPTER 12, SECTION IB, OF 1llE ENGLEWOOD MUNICIPAL CODE 1915 PERTAINING TO POLICE AND DETECTIVE SERVICES (PRIVATE FIRMS) LICENSES AND ENACTING A NEW CHAPl'ER 22, ENTITLED POLICE AND DETECTIVE SERVICES (PRJV ATE FIRMS) AND WHICH REMOVES POLICE AND DETECTIVE SERVICES (PRIVATE FIRMS) FROM ORDINANCE NO. 25 , SERIES OF 1996 WHICH PERTAINS TO TifE MORATORIUM OF LICENSES IN 1llE CITY OF ENGLEWOOD . COLORADO. (vi) RESOLUTION NO . 90 , SERIES OF 1996 A RESOLUTION AU'IHORIZING 1llE ENGLEWOOD PUBLIC LIBRARY TO IMPLEMENT 11IE ANNUAL ~FOOD FOR FINES" PROGRAM FROM NOVEMBER 12 , 1996 TIIROUGH DECEMBER 20, 1996. Vote rea1u: Ayes : Council Members Hathaway, Vonniuag, Wiggins. Habenicht. Waggoner, Clapp, Bums Nays : None Mocion carried. COUNCll. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (I) THROUGH (iv) ON SECOND READING. (b) Approve on Second Reading (i) ORDINANCE NO . 51 , SERIES OF 1996 (COUNCll. Bll.L NO . 56 . INTRODUCED BY COUNCll. MEMBER HATiiA WAY) AN ORDINANCE AUTIIORIZING AN lllnDGOVERNMENTAL AGREEMENT BETWEEN TitE SOUTH ARAPAHOE SANITATION DIS11UCT. SOlmlGATE SANITATION DlS11UCT . TitE BOARD OF COUNTY COMMISSIONERS OF 1llE COUNTY OF ARAPAHOE. WASTE MANAGEMENT OF COLORADO, INC ., AND 1llE CITY OF ENGLEWOOD , COLORADO AMENDING 1llE CURRENT WASTEWATER TilANSMISSlON AGREEMENT . (ii) ORDINANCE NO . 52 , SERIES OF 1996 (COUNCIL BILI. NO . 57 . INTRODUCED BY COUNCll. MEMBER HATHAWAY) AN ORDINANCE AUTIIORIZING AN INreRGOVERNMENT AL AGREEMENT BETWEEN TitE U.S. GEOLOGICAL SURVEY, UNITED ST ATES DEPAR1MENT OF TitE INTERJOR AND TitE CITY OF ENGLEWOOD . COLORADO ENTITLED U.S. DEPAR1MENT OF TitE INTERIOR U.S. GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS . (iii) ORDINANCE NO . 53 , SERIES OF 1996 (COUNCIL Bll.L NO . 58 . INTRODUCED BY COUNCll. MEMBER HATHAWAY) AN ORDINANCE AUTIIORIZING AN lllnDGOVERNMENT AL AGREEMENT BETWEEN TitE URBAN DRAINAGE AND FLOOD COlffllOL DlS11UCT AND 11IE CITY OF ENGLEWOOD , I· 0 • lqlewood City CCMIDCil N-ber 4, 1996 Pqe17 0 • I• COLORADO ENTITLED INTERAGENCY AGREEMEJ\rl' CONCERNING DRAINAGEWA Y IMPROVEMENTS ON WEST HARV ARD GULCH IN TI1E CITY OF ENGLEWOOD . ARAPAHOE COUNTY, AGREEME!lrl' 96-08.09. (iv) ORDINANCE NO. 54, SERIES OF 1996 (COUNCll. Bll.L NO . 59, INI'RODUCED BY COUNCll. MEMBER HA'JHA WAY) AN ORDINANCE AUIHORlZING AN INl'ERGOVERNMENTAL AGREEMENT BETWEEN TIIE URBAN DRAINAGE AND FLOOD C0""1t.OL DISTRICT AND 11IE CITY OF ENGLEWOOD, COLORADO ENTITLED ACiREEMENT REGARDING PUNDINCi OF CITY OF ENGLEWOOD CITY-WIDE OUIFALL SYS'IEMS PLANNING. ARAPAHOE COUNTY· AGREEMENT 96-08.06. Motion carried. Aya: Council Members Halbnay, Vonninag, Wiggins. HabenichL Waggoner, Clapp, Bums Nays : None 11 . on11a--. Raollltiou ud Motioas (a) ApproYe on Fi$ Reading (i) Director Gryglewicz prCICllled • n:mmnwida•ion from the Depanmen• of Financial Scrviccl 10 adopt bills for~ approving !be 1997 Budget for !be City of Englewood. He adviled dial on July 22, 1996 Council tmC'Md !be Fiw: Year Capilal Plan. !be Operating Budge! was reviewed at !be Seplemba' 28, 1996 Budget Reual. • public hearing -held on !be Propolcd Budget on Stl*mber 16, 1996 ud apin on October 28. 1996 Council reviewed !be Budget II SIUdy session. Mr. Grypewic:z llaled dial Ibey llaWi bdclle diem badl tbe Budget ud dac appropriating ordinances and Slaff ab far appnwal Oil flrll leadillg. Council Member Hadlnay aed ii it baluces ud ii we -ill dac black . Duec:lor Gryglewicz said yes --· (I) 111c Clen -aed to read Colacil Bill No . 63 by title: COUNCll. Bll.L NO. 63, INl1lODUCED BY COUNCll. MEMBER HA111AWAY A Bll.L FOR AN ORDINANCE ADOPTING 11IE BUDGET OF TIIE CITY OF ENGLEWOOD . COLORADO. FOR 11IE FISCAL YEAR 1997. COUNCO. MEIDIR BA TBA WAY MOVID. AND IT WAS SICONDID. TO APPROVE AGINDA ITIM II (a) (I) (1) • COUNCO. ID.L NO. 61 Aya: Council Memben Hadlaway . Vanaiaq. Wigins. HabenicbL Wagoner. Bwa Nays : None Ablcal : Council Member Clipp Ma)'Or Burmexplailled !hat Council Member Clipp 1111 left fDr die~•• wan ·• feelia1 well . He llaled Ille CUIC jull far dac c:ouocil meetllll, llhe !Old him llhe ...... to be here eapeaally far the ' I· • • t• ·, • ,. E•&lnN41 City Caudl N-ber 4, 1"6 Paae11 home day care dia:ussioo. Mayor Bums said dial Ibey thank her for, in dl'ect. getting out of the sick bed IO come ~ for that, ud ID she bas hem CXCllllld. (2) Tbe Clert -med 10 read Council Bill No . 64 by title: COUNCll. BILL NO. 64, INl1lODUCED BY COUNCll. MEMBER HATHAWAY A BILL FOR AN ORDINANCE APPROPRIATING MONIES FOR AU. MUNICIPAL PURPOSES IN 11IE CITY OF ENGLEWOOD, COLORADO, IN 11IE PISCAL YEAR BEGINNING JANUARY 1, 1997, AND ENDING DECEMBER 31, 1997, CONSTl1UTING WHAT IS TERMED 11IE ANNUAL APPROPRIATION BILL FOR 11IE PISCAL YEAR 1997. COUNCll. MDIBER HATHAWAY MOVED, AND rr WAS SECONDED, TO APPROVE AGI.NDA ITI.M 11 (a) (I) (2) • COUNCIL BD..L NO. '4. Ayes : Council Members Halhaway, Vormiaag. Wiggins. Habenicht. Waggoner, Bums Nays : None Absent: Council Member Clapp Motion carried. (ii) A rccommeodatioa flam Ille Depu1meat ol FiDIDcial Savices 10 approwc a bill for an ordinance establishing the 1996 Mill Levy for Colleclion in 1997 w c:omidcred. Tbe City Clerk w uked IO read Council Bill No. 62 by title: COUNCll. BILL NO. 62, INl1lODUCED BY COUNCD. MEMBER HATHAWAY A BILL FOR AN ORDINANCE F1XINO 11IE TAX LEVY IN M1U..S UPON EACH DOU.All OI' 11tE ASSESSED VALUATION OF AU. TAXABLE PROPERTY Wl11IIN 11IE CITY OF ENGLEWOOD . COLORADO, AND EST A8LISHING A MILL LEVY FOR 11IE ENGLEWOOD DOWNTOWN DEVELOPMENT AtmtOIUTY . COUNCll. M&MBD HATHAWAY MOVED, AND rr WAS SI.CONDI.D, TO APPROVE AGI.NDA 11'1.M 11 (a) 00 • COUNCIL BD.L NO. 62. Mayor Burns med if Ille numbcr for Geaeral Fund Opera&ioa. oa Ille COIIIICiJ C-municalioa oa financial implCl, thinl line flam the boaNl. ia com,ct. DinlCIOr Grypewic:z .... dial wbat it sllould read ia tbal Ille SU millioa is what we budpled IO aillect (net olunc:ollec:tibles. ..._mtl'II etc.). Motion carried. Ayes : Council Members Hadlaway, Vonniaq, Wiggins. Habmicbt. Wagaaer.Bllrlll None Council Member Clapp (iii) A rccommeodatioa flam Ille Depu1meat ol FiDIDcial Savices IO lpplOYC a raolulioa approviq a aipplemeotal appnlprillioll ol Clpilal Prujecla Fund raerva IO fund Ille lntemel Aa:al Projoct in Ille Libruy -COlllidaed. Tbe raolulioa -aaiped • number ud rad by tide: .. I. • 0 '32xl • Eapwood City c-il N-ber ,, 1996 hat19 RESOLUTION NO. 91, SERIES OF 1996 • - A RESOLUTION AMENDING 11IE APPROVED 1996 BUDGET AND APPROPRIATING MONIES FOR nm CITY OF ENGLEWOOD. COLORADO. COUNCIL MEMBIR HATHAWAY MOVED, AND IT WAS SECONDID, TO APPROVE AGINDA ITEM 11 (a) (W) -RESOLUTION NO. 91, SERIES 01' 1996. Council Member Hathaway askal. if-MR able to secure a grant for this next year, it would offset this putic:ular expenditure. DiRICIDr Long said yes. Ms. Hathaway said sbe aaumed we would try apin. Mr. Long aHlllllellted that we can always try apin. Motion carried. Ayes: Nays : Absent : Council Members Hathaway, Vonnittag. Wiggins. Habenicht. Waggoner. Bums None Council Member Clapp (iv) A recommendation from the Office of Ncigbborhood and Business Development to adopt a bill for an ordinance approving a Planned Unit Demopment for Brookridgc Shopping Center and to set a public bearing on this matter for December 2. 1996 was considered. 1bc City Clcrt was asked to read Council Bill No. 60 by title: COUNCll. Bll.L NO . 60. INnODUCED BY COUNCll. MEMBER HA 1llA WAY A Bll.L FOR AN ORDINANCE APPROVING 11IE REZONING OF 11tE BROOKRIDGE SHOPPING CEN1El LOCATED ON 11tE SOU11iEAST CORNER OF BELLEVIEW AND SOU11f BROADWAY IN 11tE ,100 BLOCK. CURREN11.. Y ZONED B-2. BUSINESS DISTRICT TO A PLANNED UNIT DEVELOPMENT. COUNCIL Ml:MIIIR BATBAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE AGINDA ITEM 11 (a) (1¥) -COUNCIL BILL NO. 60. Council Member Waggoner opined that this just does not seem like the right thing to do to a shopping ccatcr. He stared that be has problems with it Mayor Bwns noted that is his privilege. that this is first reading. Ayes : Nay: Absent: Motion carried. Council Members Hathaway , Vonnittag. Wiggins. Habenicht. 8111115 Council Member Waggoner Council Member Clapp COUNCIL MIMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO SIT A PUBUC IIEAIUNG ON COUNCIL BILL NO. 60 l'OR DICEMIIIR 2, 199' AT 7:30 P.M. Ayes: Council Members Halbaway, Vonnittag. Wiggins. Habenicht. Bums Nay : Council Member Wqgoner Ablcnt: Council Member Clapp Motion carried. ..... .., I. 0 • 0 - Eapewood City CCNIDCIJ November 4, 1996 Pap:20 (v) A recommendalion from tbc Office of Neighborhood and Business Development to adopt a bill for an ordinance approving a Planned Unit Development for the Meridian Apartments and to set a public bearing on this maaer for December 2, 1996 was considered . The City Clerk was asbd to rad Council Bill No. 65 by title: COUNCIL Bll.L NO. 65, DlmlODUCED BY COUNCIL MEMBER HA1HA WAY A Bll.L FOR AN ORDINANCE APPROVING 1llE REZONING OP 1llE ENGLEWOOD MERIDIAN PROPER1Y LOCATED AT 3455 SCXTIH CORONA STREET, CURRENI1.. Y ZONED IN 1llE R-3 DISTRICT, TO A PLANNED UNIT DEVELOPMENT. COUNCD. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Y) • COUNCD. BILL NO. '5. Ayes: Council Members Hathaway. Vonnittag. Wiggins. Habenicht Bums Nay : Council Member Waggoner Absent Council Member Clapp Motion carried. COUNCD. MEMBER BATBAWA Y MOVED, AND IT WAS SECONDED, TO SET A PUBLIC BEARING ON COUNCD. BILL NO. 65 FOR DECEMBER 2, 1996 AT 7:JO P.M. Ayes : Council Members Hathaway, Vonnittag. Wiggins. Habenicht Bums Nay : Council Member Waggoner Absent Council Member Clapp Motion c:arried. (b) Approve oo Sec:oad Reading There ..c no additional ileml submilled for approval oo ICCOlld rading. (See Agenda llelll 10 -Consent Agmda.) (a) Mayor's Choice I . Mayor Bums urged C\lel)'OIIC to vote in favor of lhe bood iaue to finance lhe Water Treatment Plant imprc,,.emeats wbic:h would render them a G . 0 . Bood and SPe c:onsiderable money in inten:st payments oo that measure . He said he hoped the public: has a good undcnlanding of that when they vote . Couoc:il Member Wiggins commented that he wished the folks that were here earlier could have heard this. 2. Mayor Bums noted this is the first c:ounc:il meeting they have had since they had their c:elebration with Amy Van Dyken . He said they all had a pat time and that !here was a nic:e spread on it in the EqleM,od Hcnld. He c:ommented that they were all very sorry that lhe parade had 10 be c:anc:eled. but they had a wondcrfial time with Ms. Van Dyken. she was a wonderful pat. He mentioned that a lot of pic:twa ..c taken. autograpbs given. and lhe kids that c:amc Fl a big kidt out of it. Mayor Bums stated they were very grarcful to Ms. Van Dykcn to come clown and join with III in that celebration He said they pve her lhe key to the City and a lot of other gifts. •. I . 0 • Enpcwood City C•ncil NO\'eaber 4, 1996 Pase 21 0 - 3. Mayor Bums pointed out that the Englewood High School Pi1111Cs have won their league champioasbip this year for the tint time since 1956. On bebalf of Council he congratulaled them and noted that perhaps they would want to have some special recognition with them when their season a>ncludes. , . Mayor Burns mentioned that the boy's soca:r team has concluded their season. but that they were in the playoffs also . 5. Mayor Bums acknowledged the nice leaen the City received from Sheridan n:garding the Clay Street overlay that we did to improve that facility over there. He said tberc were a lot of a,mplimcnts about the quality of the work and Public Works personnel who worked on that. He a,ngratulated them for that. (b) Council Member's Choice (i) Council Member Vonnittag. a,mmcnting on the towers down by Belleview and Broadway, said that he thought maybe Council a,uld look into passing an ordinance and not allow them anymore. He asked City Manager Clark to check into it. He opined that they arc starting to get unsightly and maybe the City a,uld put a height restriction on them. (ii) Council Member Wiggins staled that he noticed the ventilation system was non functional this evening. He a,mmcnted that our janitorial service seems to be unaware that we have council meetings on Mondays and they shut the whole thing off. He said if they just move the air in this place it would help, that he was real cooccrned about the coffee machine back there. he just wished he would work on the ventilation system. 13. City ........ Repor1 (a) City Manager Clark notcd that Council received his bi-wcckly report in their packet rcprdiDg Cmdc:ldla City. He advised we arc Slill waiting for a PUD application subminal to the City and we ~ tbal die Miller-KilChell people arc looking al that. He SlalCd there is not much new n:gardittg lmalll iecruitalll. tbal we do have a grocer that is still illlCICSICd in the site. although we have indicaltd tbal there ~·t lCCIII to be a lot of intcrcsl. on the pan oldie City, to sec that type of activity tberc with repnt to bow it fits with die overall theme that we arc trying to achieve . Mr. Clark advised that progress is lllill being 1a1e with R11> with repnt to die illlCrpenllllCDI agn,cmcnt. He swed that Director Eslcrly is bopdlal tbal we cu Fl that wrapped up by the lint of Dec:cmbcr. Mr. Clark noted there is not much new with repnt to the five acre Sdbc/KRA VCO site to the north. Mayor Bums advised Council that he had lunch with Skip Miller last week. at his request. and they went over mme of die same things Council 1-been dilcuuing with him in reccnt Executive Sessions. He said there was nothing puticularly new . that he felt Mr. Miller just WUled to talk. Mayor Burns staled he is awaiting his subminal. just like everyone else. and noted that is when the real work will begin. so he was bopcf'ul he aJUld Ft that in without too much more delay . (b) City Manager Clark advised that he received a letter back in October from Jim Recs . who is the Prcsidcat of the En&lewood Small Businca Developmcnt Corporation. and usually the City has a Sla8' member, and currcotly Bob Simpmo is that pc,ma. who is the City· s representative to the Board of Directors . Heard that Mr. SimplOll's term expires al the end of the year . Mr. Clark asked for Council's conent to have Mr. Simpma coatinuc to-· - I • 0 • • ·, • <. com,m. IIIDBD IIA'l'BAWAY MOYD.AND ff WAS UCONDD. TO IIAVE 808 SDll'SON CONTINOS AS TB& arY llll'llrmTA11YE TO 'I'll& ENGLEWOOD SMALL 8USINl:SS DEVELOPIIBNT COlll'OllATION IOll A Tall TBAT DPma 12/31J97. A,-: Caaacil ....._. lfllllnay, VOl'lliall, Wigim. Habe11icbt. w.....-.a.. Nays: ~ ~ Couacil Mmlba' Capp (Clellt'1 DIiie: 'l1lil mm wa lilled • A.-ia lllim 13 (a).J 14. Clly AalraJ'• .... City AttorDey Bruczmaa did DOt haw any mmas to bring before Council . 15. Mjla..-t ~~ifl4MOVDTOAWU n.--··"•~ City Cert • . .. ., I· 0 f 32xl RIIIIOUJ'ftON NO. ~ salllll0,1111 · <. • • ... A RESOLUTION APPOINTING MICHAEL HEBERLING AS YOUTH UAISON TO THE PUBUC UBRARY BOARD FOR THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, there is a youth vacancy on the Eqlewood Public Library Board; and WHEREAS, Michael Hebertinc bu applied for an appointment u youth member to the Englewood Public Library Board; and WHEREAS, the Eqlewood City Couacil deeina to appoint Micbael Heberling aa youth member to the Eqlewood PabUc library Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sertim 1. Mic:bael Heberlinc is hereby appoint.eel u youth member to the Eqlewood Public Library Board and aw:b tam abaD apire June 30, 1997. ADOPl'ED AND APPROVED tbia 18th day of November, 1996. 'lbamu J. Bmm, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellia, City Clerk tbr the City al Bapwood. Colondo, bareby certify the above is a true copy al a..alutian No. _, SeriN al 1996. • . 8 a .. • • I -----------------------, . • ORDINANCE NoS[. SERIES OF 1996 • • '· BY AUTHORITY 10 b 1 COUNCIL BD.J.. NO. 61 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE EXTENDING THE TEMPORARY SUSPENSIQN OR MORATOIUUII ON CDTAIN IIISCELLANEOUS BUSINESS UCICNSES POR AN ADDfflONAL PERIOD OF FOUR MONTHS . WHEREAS, the .,.__. City Council wablilbecl a tampanry ...,-.;.,., • m ... toriwn CID cenaiD mi-'1-buainw licmw for the pariod af Jw 10, 1996 thraacb 0.-ber 10, 1186; and WHEREAS, the cunmt miMellan_. buainw licenainc procecl-are antiquated and need to be updated; and WHEREAS, City Council bu clirect.ed ataffto review and reviN, ifneceaaary, the miacellaneoua buaineaa licenaea for the City; and WHEREAS, atafl' will need additional time to review and caantinate the miscellaneous busineu lic:ennn, provisions of the En,tewood Municipal Code; and WHEREAS, Council deema it n-,y to coordinate the review of its miscellaneous buain-s liceDNB and finds it appropriate to c:eue licenaing until the review and revised procecl-are reviewed by the staff and City Council; and WHEREAS, the En,lewoocl City Council bu also directed City ataff to review the Broadway corridor ZODiog and appropriate UN for the corridor and bu ..-ntly included industrial zoning to this requNt; and WHEREAS, the City Council bu indicated that the atudy of the Broadway retail corridor and industrial zoning abould be coordinated with the updatiq of licenain1; and WHEREAS, in order for the City to cmnply with the arpmmta made in Or Idmjtecl YI City of En!dnrood Cue No. A86CV12'3, the montarium • tempanry auapenaion must apply to all --u_. ~ U-.. an1-apeciflc exemptiona can be legitimately set forth buecl CID a finding that a particular type of busineu should be excluded &om that NCtioD of the Code bu been reviaecl; and WHEREAS, the reviaiona to the mi-'IIID80U buliw licenw and the updatiq or the Broadway corridor and industrial ICllling will balp prolect the public health, safety and welfare by: p,-yjpg the IOUDd ftacal belanoe tbr the City in providing municipal aervicea within the City limita; by maintaining a aound balance betwND available public reaourcea, facilitiea and Nrvicea and the dmtanda for IUCb services; and by p..-rving a aafe, bealthy, and IOUDd mvirGnmet within the City; and WHEREAS, the citizens of En,tewood and the City Council have det.ermined that revisions to the cunent ICllling alCllll the Broadway corridor and the cunmt ' ..... I· -----------------------.r------------------------------- • • • industrial zoning are necaaary to promote, coordinate, innovate, high quality plan to produce a well balanced corridor in the City; and WHEREAS, the City Council finda that an additional four month moratorium or temporary 1upen1ion of licenainc ia ~ to implement the licenaing revisions and to provide time for the Broadway corridor and industrial revilions 11tudy; and WHEREAS, the liquor lic:enainf proviaiona adequately insure a needa and deeires testing of applicants and mould th..ron be eumpt from thia temporary wapenaion or moratorium; and WHEREAS, 1eUODal or one time ballin-• will not aignificantly impact the miscellaneous bUlineu licenainc or IIOIWII of the Broadway corridor and llhould therefore be Rempt &om thia temporary auapenaion or moratorium; and WHEREAS, the followinc licenaes have been reviaed and amended by Council and the temporary 1W1penaion or moratorium has been lifted: Amusement Arcade Licenae. Amusement Center Licenae. Arborillt License. Billiarch and Pool Hall Licenae. Bowling Alley License. Carnival License . Circus License. Contractor Licen1inc: Clau A, Clua B, Clua C, Clua D, CIUII E, and Clua F. Food Vendor License. Ice Cream Vendor License. Public Dance or Ball Licenae. Shooting Galleriu. Certificate. of reciatrationa for electrical, plumbinc and plumbinc/mechanical. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT THE TEMPORARY SUSPENSION OR MORATORIUM OF CERTAIN MISCELLANEOUS BUSINESS LICENSES SHALL CONTINUE THROUGH APRIL 10, 1997, AND SHALL CONTAIN THE FOLLOWING PROVISIONS: Sec;tign 1. Said moratorium or temporary wapenaion of ~aneoua buainw licensee ahall include the followinc : Automobile Wreckinc or Junk Yard Licenae. Auction Houae License. Adult Boolr. Store License. Adult Motion Picture Theater License. Adult Dancinc Eatabliahment. Convaleacent and Rest Home License. Direct Sellinc License. Itinerant Auctioneer License. Itinerant Show License. Ma1aage Therapy Clinic License. -2- ., .. I . • 0 '32xl • '· Maaaage Therapiat Liceme. Muaage Therapiat Clinic. Pawnbroker Licenn. • • Police and Detective Servic:ea (private firma) Li-. Temporary Employment Servic:ea Li-. Sec;tiqp 2. Said moratorium or temporary IUpmllioD al mini•~ buiDw licenaea ahall not include the followin,: Alcohol Beveragea (State and local control). Chriatmu Tree Dealen (Seucmal). Going Out of Buaineu, Pini, Smoke and Water Damapd Gooda Salea (temporary in nature). Amunment Arcade LiceDH. Amuaement Center Liceme . Arbori1t Licenae. Billiarda and Pool Hall Licenn. Bowling Alley Liceme. Carnival Licenae. Circu1 Licenn. Contractor Licenaing: Clau A, Clau B, Clua C, Clau D, Clua E, and Clue F . Food Vendor Licenae. Ice Cream Vendor Lice111e. Public Dance or Ball LiceDH . Shooting Galleria. Certiftcatea of repatratiom for electrical, plumbing and plumbing/mechanical. Sec;tiqp 3. The Enclewood City Council dinda City ltd to develop appropriate rec:ommendationa to Council, to be conliatmt wi1b tbia ~ and to pnmde an updating of the City liceming procedure far miP:elJ-buliw licmNI and to provide ncommendationa u to iDduatrial amm, and die amine al the Broadway corridor. Sgt:iqp ,. The City Council tlnda die pao+iliau • tbia OrdiDaDce ue taapanry in nature and are intended to be replaead by IIUbeeca-t ~ ert-mt. The temporary 1uapenliOD of miacell-buliw licmw M apecitled ill dlia Ordinance aball terminate an AFril 10, 1997. Introduced, read in full, and puaed OD 6nt rwlin, OD the • day al Ncn , ...... , 1996. Publiabed u a Bill far an~ an the '7tb day alNou w, 1111. Read by title and puaed an final rwlin, an the 11th day alNowaber, 1-. -3- • . .. I. • 0 '32 x l • • Publiabed by title u Ordinance No . _, Seriee of 1996, CID tbe 2ht day of November, 1996. Tbomu J . Burns, Mayor ATTEST: Loucriahia A. Ellia, City Clerk I, Louc:ri.ehia A. Ellia, City Clerk al the City of F.npewoocl, Colorado, hereby certify that the above and farepiDc ia a true copy of tbe Ordinance pauecl CID final reading and publiahecl by title u Ordinance No. __, Seri• of 1996. Loucriabia A. Ellia -4- •, .. I· ' ' . ~ . " . • • • ·, <, - BY AUTHORITY ORDINANCE NOP (,o SERIES OF 1996 COUNCIL BILL NO. 66 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE REPEALING TITLE 5, CHAPTER 12, SECTION 1A, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO AUCTIONEER LICENSES AND ENACTING A NEW CHAPTER 18, AUCTIONEER AND WHICH REMOVES AUCTIONEER FROM ORDINANCE NO. 25, SERIES OF 1996 WHICH PERTAINS TO THE MORATORIUM OF LICENSES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Englewood City Council eatabliahecl a temporary BW1pension or moratorium of certain miKellaneoua buaineu licenaes for a period of six months with the pauage of Ordinance No. 25, aeries of 1996; and WHEREAS, the moratorium or temporary suapeuion included auctioneer licenses; and WHEREAS, the City of Englewood licemN auctioneers to ensure qualified persons engage in this endeavor; and WHEREAS, proof of licensing by the State al Colorado will help ensure only qualified applicants are licensed; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tign 1. The City Council of the City of En,lewood, Colando hereby repeals Title 5, Chapter 12, Section 1A, al the Englewood llanicipal Code 1985, and enacta a new Chapter 18, entitled Aucti-which lhall 1-.d u follows: CIL\Pl'Dll AIJCftONDll SECTION : 5-18-1 : DEFINITIONS 5-18-2 : LICENSE REQUIRED 5-18-3: APPLICATION FOR LICENSE 5-18-1: DEFINITIONS: FOR THE PURPOSE or TIUS CIIAPl'Ell THE FOLLOWING DEFINfflONS APPLY: -1- 10 b ii .. I· ---------------------~------.. ,--------~------------------------- • AUCTION: AUC110N HOUSE: AUCTIONEER: ITINERANT AUCTIONEER: • - A PUBLIC SALE OF LANDS AND GOODS TO THE HIGHEST BIDDER BY A LICENSED AND AUTHORIZED AUCTIONEER OR ITINERANT AUCTIONEER. AN ESTABLISHMENT THAT REGULARLY HOLDS PUBLIC AUCTIONS IN THE CITY OF ENGLEWOOD. A PERSON LICENSED TO SELL LANDSORGOODSOFOTHER PERSONS AT PUBLIC AUCTION. AN AUCTIONEER TRAVELING FROM PLACE TO PLACE WITHOUT A PERMANENT BUSINESS LOCATION IN THE CITY OF ENGLEWOOD. 5-18-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL TO HOLD AN AUCTION, OPERATE AN AUCTION HOUSE, OR PERFORM THE SERVICES OF AN AUCTIONEER OR ITINERANT AUCTIONEER WITHOUT A LICENSE AS REQUIRED BY THIS CHAPl'ER. 5-18-3: APPUCA110N roR LICENSE: A . THE APPLICATION FOR AN AUCTIONEERS LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5 , CHAPl'ER 1. B . IN ADDITION , EACH APPLICANT SHALL PROVIDE PROOF OF CURRENT LICENSING UNDER THE STATE OF COLORADO . $ection 2. Licenae Fee: Licenae feee for this Chapter ehall be det.ermined and set by City Council in accordance with 5-1-8 ofthia Code. $ectjon 3 . Licenaes required : It ehall be unlawful for any penon to act u an Auctioneer without first procuring a licenae. All provi•ion• of Chapter 1, ofthia Title are applicable as well as thoae •pecial provision• lilted below . Section 4 . The Englewood City Council established a temporary •uepenaion or moratorium of certain miscellaneous bu•ines• licenaea for a period of •ix months with the pusage of Ordinance No . 25, aeries of 1996 and now removes the following licenses from the moratorium : Auction Auctioneer Auction House Itinerant Auctioneer. -2- ..... .. I . 0 '32xl ------~---------------------,.,--------------------------------ir--r • • • '· Se«;tjon 5. Safety Clau1e1 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 i-Jth, ufety, and welfare of the public, and that this Ordinance ill ~ for the prwervation of health and safety and for the protection of public convenience and welfare. The City Council further determines that the Ordinance bean a rational relation 1D the proper legilllative object sought to be obtained. $ec;tion 6. Severahjljty If any clauae, NDt.ence, paragraph, or part of this Ordinance or the application thereof 1D any penon or circumstances shall for any reason be adjudged by a court of compet.ent juriadiction invalid, 1Uch judgment shall not affect impair or invalidate the remainder aC this Ordinance or its application to other persons or circumstances. $ec;tion 7 Inron1ietent Qrdjnancee 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. $ec;tion 8. Mm of ,.....1 gr modjficatjop The repeal or modification aC any provision of the Code of the City of Enclewood 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 lltill remaining in force for the purpoees of sustaining any and all proper actioaa, IIUita, proceedinp, 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 1Uch actions, IIUita, proceedinp, or proeecutiona. $ec;tjop 9. fe.n.alu. The Penalty Provillion of E.11.C. Section 1-4-1 shall apply to each and every violation of thi1 Ordinance. Introduced, read in full, and puled on fint readins on tbe 4th day of November, 1996. Published as a Bill for an Ordinance on the 7th day ofNavemller, 1998. Read by title and puled on final readins on the 11th day of N__., 1998. Published by title as Ordinance No. _, Seriel of 1998, on the 2ht day of November, 1996. Thomas J. Burns, lla:,ar ATTEST : Loucri1hia A. Elli1, City Clerk -3- ·- .. I. 0 '32 x l • • • '· I , Loucrishia A. Ellis, City Clerk of the City ofEqlewood, Colorado, hereby certify that the above and fore,oing is a true copy of the OrdinaDce puaed on final reading and published by title u Ordinance No. _, Series of 1996. .4 . .. I· • .-------------------- ORDINANCE NO . S '/ SERIES OF 1996 • I• • BY AUTHORITY COUNCIL BILL NO . 67 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE REPEALING TITLE Ii, CHAPI'ER 12, SECl'ION 1A, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO CHRISTMAS TREE DEALERS LICENSES AND ENACTING A NEW CHAPTER 12, CHRISTMAS TREE DEALERS . WHEREAS, unlicensed Cbriatmu Tree dealers may leave Iii~ littered with un-sold trees after the Cbriatmu aeuon; and WHEREAS, a premises restoration deposit is required to ensure the lic:emed premises is cleaned and restored in a timely manner; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: CIL\Pl'Ell 11 SECTION: 5 -12-1 : DEFINITIONS 5-12-2: LICENSE REQUIRED 5-12-3: APPLICATION FOR LICENSE 5-12-4 : SPECIAL CONDfflONS AND RESTRICTIONS OF THE LICENSE 5-12-1: DEFINITIONS: CIIRl8TMA8 TREE: AN EVERGREEN OR ARTIFICIAL TREE WIDCH IS TO BE DECORATED WITH LIGHTS AND ORNAMENTS IN THE INTERIOR OF A HOME, BUSINESS, OR OTHER PLACE DURING THE CHRISTIIAS SEASON . 5-12-2: LICENSE REQUIRED: IT SHALL BE UNLAWFUL POR ANY PERSON TO MAKE CHRISTMAS TREE SALES PRIOR TO OBTAINING A LICENSE FROM THE LICENSING omCER EXCEPI' ,OR THE FOLLOWING: A . GREENHOUSES HOLDING A VALID CITY SALES TAX LICENSE . ..... 10 b iii .. I· 0 1 32xl ----------------------.r-------------~-------------0:,0---,, • 0 • B. TREE AND PLANT NURSERIES HOLDING A VALID CITY SALES TAX LICENSE . 5-12-3: APPLICATION FOR LICENSE: A . THE APPLICATION FOR CHRISTMAS TREE DEALER SALES LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 5, CHAPTER 1. B. IN ADDmON THE APPLICANT SHALL BE REQUIRED TO PROVIDE A DEPOSIT FOR RESTORATION OF THE LICENSED PREMISES. 5-12-4: SPECIAL CONDfflONS AND RESTIUC110NS OF 1RE LICENSE: IN ADDITION TO LICENSING CONDITIONS SET FORTH IN CHAPTER 1 OF THIS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY: A. RESTORATION OF LICENSED PREMISES : LICENSED CHRISTMAS TREE DEALERS SHALL AGREE TO RESTORE THE LICENSED PREMISES TO THE ORIGINAL CONDITION NO LATER THAN TEN (10) DAYS FOLLOWING DECEMBER 25. IF THE LICENSE HOLDER FAILS OR REFUSES TO RESTORE THE PREMISES AS REQUIRED, THE CITY LICENSE OFFICER SHALL ORDER THE AREA CLEANED AND RESTORED TO ITS FORMER CONDmON. ALL COSTS OF THE CLEANING SHALL BE BORNE BY THE LICENSE HOLDER. THE LICENSING OFFICER SHALL INVOICE THE LICENSE HOLDER FOR ANY COSTS IN EXCESS OF THE DEPOSIT, OR RETURN ANY UNUSED PORTION OF THE DEPOSIT TO THE LICENSE HOLDER. Sectjon 2. License Fee : License feea for this Chapter ahall be determined and set by City Council in accordance with 5-1-8 of this Code . Sectjon 3. Licenaea required : It shall be unlawful for any person to act u a Direct Seller or Itinerant Vendor without first procuring a license . All provisions of Chapter l, of this Title are applicable u well u those apecial provisions listed below . Sectjon f . Safetv Clau1c, The City Council, hereby find,, determines, and declares that this Ordinance is promulgated under the general police power of the City of Englewood , that it ia promulgated for the health, safety, and welfare of the public, and that this Ordinance ia nece111ary 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 . Ses;tjon 5. Seyerabjljty If any clause, aentence, paragraph, or part of this Ordinance or the application thereof to any person or circumatances ahall for any reason be adjudged by a court of competent jurisdiction invalid, auch judgment shall not affect impair or invalidate the remainder of this Ordinance or ita application to other persona or circumatances . -2- •. I· ------------------------------.,~---------------------------------- • • • (, Sectjon 6 Incon1i1tent Ordjnancea All other Ordinances or portions thereof inconsistent or conflicting with this Ordinance or any portion hereof are hereby repealed to the e:rtent of such inconsistency or conflict. Section 7. Effect of repeal gr modjficatjon The repeal or modification of any provision of the Code of the City of Englewood by this Ordinance ahall not release, extinguish, alter, modify, or change in whole OI' in part any penalty, forfeiture, or liability, either civil or criminal, which ahall have been incurred under such provision, and each proviaion shall be treated and held u ltill remaining in force for the purpoees of IU&taining any and all proper actions, suits, proceeclinp, and prosecutions for the enforcement of the penalty, forfeiture, or liability, as well u for the purpoee of sustaining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suits, proceedings, or prosecutions. Section 8 . feD.altx . The Penalty Provision ofE.M.C . Section 1+1 shall apply to each and every violation of this Ordinance. Introduced, read in full, and paued on first reading on the 4th day of November, 1996 . Published as a Bill for an Ordinance on the 7th day of November, 1996. Read by title and palled on final reading on the 18th day of November, 1996. Published by title u Ordinance No. _, Series of 1996, on the 21st day of November, 1996. Thomu J . Buma, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City ofEncl-ood, Colorado, hereby certify that the above and foregoing ii a true copy of the Ordinance pauecl on final reading and published by title u Ordinance No . _, Series of 1996. Loucriahia A Ellis -3- .. I· 0 1 32xl -------------------------,.-----~---------------------,.-----..--- • • ORDINANCE NO . ~ SERIES OF 1996 . ' • <. BY AUTHORITY COUNCIL BILL NO. 68 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE REPEALING TITLE 5, CHAPTER 12, SECTION lB, OF THE ENGLEWOOD MUNICIPAL CODE 19815 PERTAINING TO POUCE AND DETECl'IVE SERVICES (PRIVATE FIRMS) UCENSES AND ENACTING A NEW CHAPI'ER 22, ENTITLED POLICE AND DETECTIVE SERVICES <PRIVATE FIRMS) AND WIDCH REMOVES POUCE AND DETECTIVE SERVICES (PRIVATE FIRMS) FROM ORDINANCE NO. 25, SERIES OF 1996 WIUCH PERTAINS TO THE MORATORIUM OP LICENSES IN THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the Eqlewood City Council Ntabliahed a temporary auapenaicm or moratorium of certain miaNJlan-buiaw lic:enw for a period of liz mcmtba with the puup or Ordinance No. 25, ames of 1996; and WHEREAS, the moratorium or temporary auapenaion included police NrVic:ea and detective aervicee (private firma) lic:enw; and WHEREAS, becaUle of the trust citilena place in providers of police and detective aervicea a eeparate license ia required; and WHEREAS, a bacqround inveatipticm ii required t.o enaure cmly penma without a criminal bacqround provide tbNe aervic:ea; and WHEREAS,-· liemN holden carrJ wapom that_.. ......... the public IO a liceme and bacqrouDd cbedt will help mnre tbat cm1J ca-lifted penma perform theee aervicee; NOW, THEREFORE, BE IT ORDAIMED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tigp 1. 'nle City Coaacil ortbe CitJ or.....,_., Colando benbJ npea1a Title 5, Cbapt.er 12, SediaD lB, afthe ......_ MUDic:ipal Code 1116, md aaacta a - Chapter 22, entitled Police And o.t.ctiYe SemcN <Private nr-) which lball reed •• follow1 : CIIAPl'lll• POLICE AND DB'i11C11VS allVICl8 Cl'IIIVAU: 1'1111111) SECTION: 5·22·1: DEFINITIONS 5-22·2: UCENSE REQUIRED 5·22-3: APPUCATION FOR LICENSE 5-22°"': SPECIAL CONDfflONS AND llBSTIUCTIONS OP THE UCBNBE -1- • . 10 b iv I· 0 • . ,~ • 1-11-1: DEFINITIONS: FOR THE PURPOSE OF TIUS CHAPI'ER THE FOLLOWING DEFINITIONS APPLY: DE'lik;hYE mmvlCB8: 1-IW: UCENBE BBQlJIBBD: SERVICES PROVIDED BY PRIVATE FIRMS OR INDMDUALS TO PRESERVE THE PUBLIC ORDER AND TRANQUILLITY, THE PROMOTION OF THE PUBLIC HEALTH, SAFETY, AND THE PREVENTION, DETECTION, AND PUNISHMENT OF CRIMES. SERVICES PROVIDED BY PRIVATE FIRMS OR INDMDUALS TO DETECI' CRIMINAL ACl'IVITY OR DISCOVER MATTERS OF SECRET AND HARMFUL IMPORT FOR THE PROTECl'ION OF INDMDUALS AND THE PUBLIC. IT SHALL BE UNLAWFUL FOR ANY PERSON TO PERFORM POLICE OR DETECl'IVE SERVICES WITH A PRIVATE FIRM IN THE CITY OF ENGLEWOOD WITHOUT FIRST OBTAINING A LICENSE. 1-11-3: APPLICATION FOR LICENSE: A THE APPLICATION FOR A POLICE OR DETECTIVE SERVICES (PRIVATE FIRMS) LICENSE SHALL BE MADE IN ACCORDANCE WITH THE PROVISIONS OF TITLE 6, CHAPI'ER 1. B. IN ADDITION THE APPIJCANT SHALL BE REQUIRED TO SUBMIT TO A POLICE BACKGROUND INVESTIGATION AS PART OF THE APPIJCATION PROCESS. 1-1M: 8PBCW. CONDl'l10N8 AND IIB8'IWIC1IONB OP '111B LICDIBB: IN ADDITION TO LICENSING CONDITIONS SET FORTH IN CHAPTER 1 OF THIS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY: A NO PERSON WITH A FELONY RECORD SHALL BE AU.OWED TO OBTAIN A POLICE AND DETECl'IVE SERVICES LICENSE. B. EACH APPLICANT SHALL ESTABLISH THAT THEY AKE QUALIFIED TO CARRY A WEAPON. Soc;tjgp 2 . The Englewood City Council eatabliabed a *-paruy napea.llicJD or moratorium of certain milcellaneoua bulin_. Ii-for a period of m mCJDtba with the punp of Ordinance No. 26, Nri• of 1996 and now nmov• the followiq licenaea from the moratorium : Police Servicea (private flrma) Detective Servicea (private flrma). -2- •. .. I· 0 '32xl • • ·, • '· SertiOD 3 Sgt,, ClapHf The City Council, hereby ftnda, dat.amiw, and declaree that thia Ordinance ia promulpted under tbe pneral police .,_.. of tbe City of Englewood, that it ia promulpted far tbe beaJth, aafet;y, and welfare of tbe public, and tlllt thia OrdiDaDce ia n-.uy for tbe prwenation of bN1tb and aafety and for tbe prot.ection of public convenience and welfare. The City Co-cil further determinel tlllt tbe OrdiDaDce bean a rational nlation to tbe proper legialative object -.ht to be obtained. SN;tjg, '-SuenhiHty If any clauae, NDtence, parqnph, er part of tbia Ordinance er the application tbenaf to any penon er circumatancea llhall far any reuoo be acljudpd by a court of campetmt juriadiction invalid, IUCb juqment llhall nat affect impair er invalidate tbe remainder of thia Ordinance er ita application to other .,.._ er c:in:wutancea. Soc:1;iqp 5 )MPJRIYDt QnliPIPGII All c6el-Ordinancea ar partiam tbenof inc:onailtent or conflicting with this Ordinance er any partian hereof are hereby repealed to the extent of nch incoaaiatancy or caaflict. Sec:tiOD 6 lffect qf' .,.,..,, a: mediflcetjpp The repeal er modification of any provision of the Code of tbe City of Enpewood by thia Ordinance llhall nat releue, eztinluiah, alter, modify, or cbanae in whole er in pat any ,-alty, fudeiture, or liability, either civil er criminal, wbicb llhall have bem incurred under nch provision, and each provision llhall be treated and held • atill nmainin1 in force for tbe pmpcam of nataininr any and all prapm-actiam, 11Uita, ....-,;np, and proaecutiona for the enforcemeDt of the penalty, forfeiture, or liability,• -11 u for tbe pmpme of nataininl any judpnmt, decrN, er order wbic:b can er may be rendered, mtered, or made in nch actiam, nm, pmc:eedinp, er ..-.mona. SN;tjg, 7. l.ualu. The Penalty Prcmaion of E.11.C . Section 1-4-1 llhall apply to each and every violation of tbia Ordinance. Introduced, read in full, and ..... OD Int readinr OD tbe «la day ofN__., 1986. Publilbed u a Bill far an Ordinace on the 7th day ofN__., lM. Read by title and puaed OD ftnal r--, OD the 1Mb day ofN__., 1918. Publiabed by title u ~ No. _. SeriN of 1116, GD tbe 2lat day of November, 1116. ATTEST : Loucriabia A. Ellil, City Clerk -3- I· 0 'a2xl • -~---------------------------. ,. • . . I, Loucriabia A Ellia, City Clerk aftbe City afl:n,lewood, Colorado, bmeby certify that the above and betuiDI ia a true copy af tbe OnlinaDce puNd oo lnal readinc and publiabed by title u OnlinaDce No. _, Seriea af 1996. -4- .. I. 0 f 32xl • ORDINANCE NO . 2- SERIES OF 1996 • • BY AUTHORITY COUNCIL BILL NO. 69 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE REPEALING TITLE 5, CHAPl'ER 12, SECI'ION 3, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO GOING OUT OF BUSINESS AND DAMAGED GOODS SALES AND RE-ENACI'ING A NEW CHAPTER 17. WHEREAS, Going Out of Buain-licen8M are needed to protect COD8Ulllen &om being mislead by buain-advertiainc a ping out of buaineu aale, when in fact there us not intent to actually c1oae the buain-; and WHEREAS, comumen can be mislead into believing they are beina offered the lowest poaible price on men:bandiae from a "doaing buain-, • but the buain-baa DO intent of ceuull operaticma; WHEREAS, a proof of aalea tu depoait ia required to enaure the City collects revenues that support City Nl'Yic:ee; and WHEREAS, no tranafen of thia liceme ia allowed u it ia locationlbuaineu specific; and WHEREAS, no additicma to inventory ia allowed, nor i1 any milleading advertiaing allowed in order to protect c:ustomen; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sa;ticp 1. Tbe City Council al the City al Eqlewood, Colcrado .....,, ameada Title 5, Chapt.er 12, Section 3, olthe Bnp,wood IIUDicipel Code 1985, by npealiq an re- enacting a-Qlapter 17, to read M followa: CIL\Plmll7 GOING OUl'OPIIUIIINWAND DAIIMW>OOOIJ8 Mia BBCTION: 5-17-1 : DEFINITIONS 5-17-2: LICENSE REQUIRED 5-17-3: APPLICATION FOR LICENSE 5-17-4 : SPECIAL CONDfflONS AND RESTRICTIONS OP THE LICENSE 1-17-1: DD1Nffl0N8: FOR THE PURPOSE OP 11118 CHAPTER, THE FOLLOWING TERIIS, PHRASES, WORDS AND fllBill DDIVATIONS SHALL HAVE THE IIEANIN08 GIVEN IIBUIN . 10 b V .. I· • . .------------~-------------- 0 I• • DAMAGED GOODS A SALE HELD OUT IN SUCH A MANNER AS TO REASONABLY CAUSE THE PUBLIC TO BELIEVE THAT THE SALE WILL OFFER GOODS DAMAGED BY FIRE, SMOKE, WATER, OR OTHER REASON. GOING OUT OF BUSINESS SALE A SALE HELD OUT IN SUCH A MANNER AS TO REASONABLY CAUSE THE PUBLIC TO BELIEVE THAT, UPON THE DISPOSAL OF THE STOCK OF GOODS ON HAND, THE BUSINESS WILL CEASE AND WILL BE DISCONTINUED, INCLUDING BUT NOT LIMITED TO THE FOLLOWING SALES: ADJUSTER'S, ADJUSTMENT, ALTERATION, ASSIGNEE'S, BANKRUPT, BENEFIT OF ADMINISTRATOR'S, BENEFIT OF CREDITOR'S, BENEFIT OF TRUSTEE'S, BUILDING COMING DOWN, CLOSING, CREDITORS'COMMITTEE,CREDITORS'END, EXECUTOR'S, FINAL DAYS, FORCED OUT, FORCED OUT OF BUSINESS, INSOLVENTS, LAST DAYS, LEASE EXPIRES, LIQUIDATION, LOSS OF LEASE, MORTGAGE SALES, RECEIVER'S, TRUSTEE'S, QUITTING BUSINESS. GOODS IS MEANT TO INCLUDE ANY GOODS, WARES, MERCHANDISE OR OTHER PROPERTY CAPABLE OF BEING THE OBJECT OF A SALE REGULATED BY THIS CHAPl'ER. 1-17-1: UCENSB IIBQIJIIIED: IT SHALL BE UNLAWFUL TO CONDUCT A GOING OUT OF BUSINESS ANI>IOR DAMAGED GOODS SALES PRIOR TO OBTAINING A LICENSE ROM THE LICENSING OfflCER EXCEPI' FOR THE FOLLOWING : A . PERSONS ACTING PURSUANT TO AN ORDER OR PROCESS OF A COURT OF COMPETENT JURISDICTION, PERSONS ACTING IN ACCORDANCE WITH THEIR POWERS AND DUTIES AS PUBLIC omcIALS, AND ANY PUBLISHER OF A NEWSPAPER, MAGAZINE OR OTHER PUBLICATION, WHO PUBLISHES IN GOOD FAITH, ANY ADVERTISEMENT, WITHOUT KNOWLEDGE OF ITS FALSE, DECEPTIVE OR MISLEADING CHARACTER OR WITHOUT KNOWLEDGE THAT THE PROVISIONS OF THIS CHAPl'ER HAVE NOT BEEN COMPLIED WITH . 1-17-1: APPLICA110N FOil LICDR: A. THE APPLICATION FOR A GOING OUT OF BUSINESS ANI>IOR DAMAGED GOODS SALE LICENSE SHALL BE IIADI IN ACCORDANCE WITH THI PROVISIONS OF TITLE 5, CHAPTER 1. -2- •. .. .,, I· • .,---------------~--------------- 0 ;~ - 8 . IN ADDfflON THE APPLICANT SHALL BE REQUIRED TO PROVIDE THE FOLLOWING: 1. PROOF OF SALES TAX DEPOSIT. 2. COPY OF COMPLETE INVENTORY. 1-17-4: BPBCW. CONDfflONSAND BE8TBICDON8 OF 'DIE UCENBE: IN ADDfflON TO LICENSING CONDfflONS SET FORTH IN CHAPI'ER 1 OF TIUS TITLE, THE FOLLOWING SPECIAL PROVISIONS SHALL APPLY: A . SAI ES TU DEPOSIT BE9liIBEQ . IN ADDfflON TO ALL APPLICABLE LICENSE FEES, THE APPLICANT SHALL DEPOSIT WITH THE LICENSE OFFICER AN AMOUNT EQUAL TO THREE AND ONE-HALF PERCENT (3.5'1i) OF THE RETAIL VALUE OF THE GOODS TO BE SOLD DURING THE FIRST WEEK OF THE SALE. THE LICENSE OFFICER SHALL ESTABLISH THE DEPOSIT BASED UPON PRIOR SALES TAX REPORTS FILED WITH THE LICENSE OFFICER BY THE LICENSE HOLDER. AFTER THE SALE, THE APPLICANT SHALL DEPOSIT WITH THE LICENSE OFFICER AN AMOUNT EQUAL TO THREE AND ONE-HALF PERCENT (3.5'1i) OF THE RETAIL VALUE OF THE GOODS SOLD IN THE PRIOR WEEK OF THE SALE . THE DEPOSIT MAY BE IN THE FORM OF CASH OR A BOND ACCEPl'ABLE TO THE LICENSE OFFICER. THE RECORDS AND TRANSACTIONS OF THE APPLICANT SHALL BE SUBJECT TO WEEKLY REVIEW BY THE LICENSE OFFICER DURING THE PERIOD OF THE SALE . LICENSE HOLDERS FAILING TO COMPLY WITH THE SALES TAX FWNG AND PAYMENT PROVISIONS OF TITLE 4, CHAPl'BR 4, OF nus CODE SHALL FORFEIT THEIR DEPOSIT AND THE LICENSE OFFICER SHALL PURSUE THE PROPER COlJ.ECTION OF ALL AMOUNTS PROPERLY DUE TO THE CITY. AFTER THE PAYMENT OF ALL TAXES DUE, AND A VERinCATION IS PROVIDED BY AN APPROPRIATE CITY AUDIT, THE CITY SHALL RETURN TO THE LICENSE HOLDER ANY FUNDS DEPOSITED BY THE LICENSE HOLDER . B . TERM Of LICENSE THE LICENSE SHALL AUl'HORIZE THE SALE DESCRIBED IN THE APPLICATION FOR A PERIOD OF NOT MORE THAN SIXTY (60) DAYS. A ONE TDIE LICENSE RENEWAL MAY BE ALLOWED . THE RENEWAL SHALL NOT EXCEED TIURTY (30) CONSECUTIVE DAYS . AFTER THE LICENSE EXPIRES, ALL BUSINESS ACTIVITIES SHALL CEASE, AND NOT RESUME UNDER THE SAME DIRECT OR INDIRECT OWNERSIDP FOR A PERIOD OF TWO (2) YEARS. C . LICENSE NOT ASSJGMABI«I AB TIWfflFIBARJ,E . NO LICENSE ISSUED PURSUANT TO TIDS CHAPl'ER SHALL BE ASSIGNABLE OR TRANSFERABLE. -3- ... I· 0 • 0 I• • D. DlIIIES OE IJCENSE UQI.DEB-'3 . INADDfflONTO REQUIREMENTS OF CHAPl'ER 1 OF TIDS TITLE, THE FOLLOWING DUTIES ARE REQUIRED OF LICENSE HOLDERS UNDER THIS CHAPl'ER: 1. NO ADDfflONS TO INVENTORY MAY BE MADE DURING THE PERIOD OF THE LICENSED SALE TO THE STOCK OF GOODS SET FORTH IN THE INVENTORY ATTACHED TO THE APPLICATION FOR LICENSE. 2 . LICENSE HOLDERS SHALL KEEP AVAILABLE AT THE PLACE OF SALE A DUPLICATE COPY OF THE INVENTORY SUBMITTED WITH THE APPLICATION AND SHALL PRESENT SUCH DUPLICATES TO INSPECTING OFFICIALS UPON REQUEST. EACH LICENSE HOLDER SHALL FURTHER KEEP AVAILABLE FOR INSPECTING OFFICIALS HIS STOCK RECORDS OR OTHER RECORDS OF HIS BUSINESS RELATING TO SAID SALE OR HIS APPLICATION FOR A LICENSE. 3 . LICENSE HOLDERS SHALL NOT EMPLOY ANY UNTRUE, DECEPTIVE OR MISLEADING ADVERTISING . ,. LICENSE HOLDERS SHALL CONDUCT THE LICENSED SALE IN STRICT CONFORMITY WITH ANY REPRESENTATIONS IN ADVERTISING OR ANY HOLDING OUT INCIDENT THERETO. 5 . LICENSE HOLDERS SHALL KEEP ANY GOODS SEPARATE AND APART FROM THE GOODS LISTED IN THE FILED INVENTORIES AS BEING OBJECT OF SALE, AND MAKE SUCH DISTINCTION CLEAR TO THE PUBLIC BY PLACING TAGS ON ALL INVENTORIED GOODS IN AND ABOUT THE PLACE OF SALE, APPRISING THE PUBLIC OF THE STATUS OF ALL SUCH GOODS. E . BEMOVAL 0[ GOODS . IF ANY GOODS DESCRIBED IN THE INVENTORY ARE REMOVED FROM THE PLACE OF SALE AUTHORIZED BY THE LICENSE, THOSE GOODS SHALL LOSE THEIR IDENTITY AS THE STOCK OF ANY OF THE "SALES" DEFINED BY THE LICENSE . NO lJCBNSE WILL BE ISSUED UNDER TIDS CHAPTER FOR CONDUCTING A SALE OF THOSE GOODS REMOVED FROM THE SALE THAT IDENTIFIES THEM WITH THE ORIGINAL LICENSE. Sec;tigp 2. Safety Clau,ca The City Council, hereby finda, detennin•, and declares that this Ordinance is promulpted under tbe pneral police paww of tbe City of Englewood, that it is promulpted for tbe health, safety, and -lfue of tbe public, and that this Ordinance is n-.ry for tbe p..-natiOD of bNltb and safety and for the protection of public convenience and welfare. The City Council further determinea that tbe Ordinance bean a ratiODal relatiOD lo tbe proper legislative object IIOught to be obtained . -4- ... •· 0 • • • Section 3. Sue,abjlity If any clause, aentence, parqraph, or part of this Ordinance or the application thereof 1D any per.m or circumatancea llball for any reason be acljudged by a court of competent jurucliction invalid, auc:h judpaent ahall not affect impair or invalidate the remainder al this Ordinance or its application to other pm-. or c:in:umataacea . Sec;tion ' Inrnneiwmt QnUnanc:11 All odm-Ordinancee or porticma tha'flOf inconsistent or conflicting with thia Ordinance or any portion hereof are hereby repealed to the extent of aucb incomiat.ency or conflict. Section 5. Effa:t pf ..,..1 gr mpdjfic;atipp 'l1le repeal or modification al any provision of the Code of the City al Eqlewood by du Ordinance lhaU not releue, eninguiah, alter, modify, or cbanp in whole or in part any penalty, forfeiture, or liability, either civil or criminal, which lhaU have hem incurred under 1Ucb provision, and each provision lhaU be treated and held u still remaininf in force for the purpoaea of austaininf any and all proper actions, IUita, proceedinp, and proeecutiona for the enforcement of the penalty, forfeiture, or liability, u well u for the purpoae of sustaining any judpaent, decree, or order wbicb can or may be rendered, entered, or made in aucb acticma, IUita, proceedinp, or proMCUticma . Sec;tipp 6 . &galty. The Penalty Provision of E.M .C. Section l+l llball apply to each and every violation of this Ordinance. Introduced, read in fl.ill, and puled on fint reading on the~ day of November, 1996. Published u a Bill for an Ordinance on the 7th day of November, 1996. Read by title and puaed on final nadiq on the 18th day al November, 1996. Publiabecl by title u ~ No . ~ Seriea al 1996, on tbe 2ht day al November, 1996. 'l'bcmaa J. Burna, Mayor ATTEST : Loucriahia A. Ellia , City Clerk I , Loucriahia A. Ellia, City Clerk altbe City alBnpewood, Colarado, hlnby certify that the above and fonaoinl ia a true copy al the Ordinance puNd on final reading and publiahed by title u Ordinance No. _, Seriea of 11188. -5- .. I· 0 • • . ' COUNCIL co1a11N1CA110N Dall A...-.... Novwnber 18, 1SIIIS 11 a i NTIATIDIIY Depertrnalt al PIMc Wlllb COUNCIL GOAL AND PREVIOUS COUNCIL ACTION ..... EtlglN,ood Schools FINI Mlli••aca eon.act • Thia propoeed 1~ 19....,..lt ii an --alNglora coapaalal,, which Council Nt forth•• goal in 1994 . Council apprOV9d similar INt mallal•aca ..-.••.., EtlglN,ood Schools tor 11193, 1994, 1995 and 1996. RECOIIIIENDED ACTION Staff INks Council approval of• bill for an ordinance authorlzilg tt,e Mayor lo 11gn an I~ Agreement with Englewood Schools for tlNt nillal•a. BACKGROUND, ANALYSIS, AND ALTBINATIVII IDEN ii ED The City of Englewood ha bNn NNiclng EllglN,ood Schools val*-llnce Decembel. 1112 . The agarq continues ID provide blllic rnalnlananca, lldl • ol c::hangaa and i.a jalla, but brtnga fflDM ~ jobl lo Englawood's Servicenllr. El,glawood Schools ha bean ................. pnMded br EllglN,ood and ii 11.-1111d in continuing our wortdng rellllollllip al .. l9lliNd hDullr rat all38.00 per hour. FINANCIAL .. ACT Throughout 1993, 1994, 1995 and 1998, tt,e s.rw.1111 Geraga IIXlk on .. _..,.. WOltdDad al wvtcing El,glawood Schools' tlNt V9hlc:IN . This ha bean 8CIOOl1$11hed willO&II edcll'9 ......... lncaffla fram El,glawood Schools helps defray tt,e COit al providing INt nillll•a _.. lo al EtlglN,ood ~·•· Eatimllld 1997 revenue -15.000.00. UIT OF ATI'ACHIIINTS .. I· • ORDINANCE NO. _ SEBIES OP 1996 ·, • <, J. I BY AUTBOllITY AN ORDINANCE APPROVING TBB UNBWAL OP AN DITBBGOVDNIIBNTAL AGUENENT &B'I'WB&N TBB Clff OP DIGLBWOOD, COLOIIADO AND DIGLEWOOD PUBUC SCHOOLS WBBBBBY TBB Clff OP DIGLSWOOD WILL PROVIDE THE ENGLEWOOD PUBUC SCHOOL'S W1TB VBIIICU IIAINTBNANCE. WIIEllEAS, tbe City alEDpwood bu bem ~tbe ........ Public.._.. vebicl• aiDce »-ber, 1992; ud WHEREAS, tbe City alED,lewood and Eqlewood Public SclMda dame to~ tbe qreement whereby Enpewood provid• EDpewood Public Schooll with ffbide maintenance ; NOW, THEREFORE, BE IT ORDAINED BY THE Clff COUNCIL OP THE CITY OP ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;ti111 1. 'lbe int.era'Offmmmtal qreement bKwwa .....,_ Public Schooll and tbe City of En,iewoocl. Colorado for vehicle maintenaace, utacbacl u 9B:lbibit A•, ia bareby accepted and approved by tbe EDpewood City Council. The 11.ayar-ia aatbariDd to aacut.e and tbe City Clerk to .... ud .... tbe A,rNmmt far --blbalf altba City al~ Colorado. Introduced, read in fall, ud puled a tint nadms • tbe 18tb day alNONaber, 1111. Publiabad u a Bill filr a Ordiaaam a tba 21.lt day alNCMablr, 1111. ATTEST: Loucriabia A. Ellia, City Clark I, Louc:riabia A. Ellia, City Ci.rt altbe City al......_., Colando, banby certifJ tbat tbe above and filreauinl ia a true copy al a Bill filr aD Onlmuce, introduced, read in fall, ud puaed CID tint readillt CID tbe lltb day al N ......... , 1111. -1- • . I· 0 '32 x l • ~ c..., r\) X - l . . ~l ~ ~ ~ ~ ~ ~ ~ ~ 11' 1~1, ;ir~ l i If Iii[~ ! ~ ~ f f ~~ ~ g 'If ,·l· Ii 1111·11f1 i1ff; •Ii• J!iill~ i ! 1ff1 1 ,~ ff 1• ~ tf~ f• •1 fPJ~ }~il(i ~ L~ si 1:, ~111! ~11! !;I t~lll ~~~I i!li~i I ii ~iii ' f~if frt }l ·r!1, !f fliff r,·1· ii,~ftt f • I Iii. 8 ':"' '" ii( "t a.1·11f t•· ,lt . t! ti ,··tt I r. 1,1 e . ftl 'i, 'I jstr • ~t"Jz ~~, u, • t f i l&, ~ (1rf} 1tn rt J , f. ~lf erJ fg} r E s'-a. 0 ~i ~,,l . i ~·,1 ,~ ~11Jf l'l 1!!~fJ ' ! ii ff ·I t 1fli ~f tffit ,I, l11fit J f [fi If I! J 11~~ 1i. ii!! 1,ltl 1'fiif 1 J I ffl .. l 1-t f a.f ! . B·f B §I lg ft B ::f. .f8[ a. .-f SI ,. , . \ I I > +e-:P· r T ,• I . . . ' ~ < ~ • - 9. The City of Eqlewoocl aball not aaip or tramfer ita illten.t ill the Ccmtract without the written c:cmmt of the Eql9WOOCl Public Scbool'11. Any unautboriled uaipment or tramfer aball nnder tbe Contract null, void and of DO 6c:t U to the Eqlewood Public Scbool'I. 10. The Eqlewood Public Sc:bool'I lhall not ump or tnlllf'er ita illt.ar.t ill tbe Contnct witboat tbe writtm cammt al the City al.,.__.. Any unautbariled eeipment or treulllr eball rmder the Caatnct null, void and atna 6c:t u to the City al.,.__.. 11. The City of Eqlewood eball be l"MpODlible for tbe pr,6eiClllel quelity, teclmicel eccancy, timely cmDplation and tbe coordinatiClll at the npain under the Cont.net. Tbe City lbe1l, without edditiCllle1 CCDJl8Dl&tian, cornc:t or revue any erron, amiaiCllll, or atber cle&imci• ill ita W'Vicel related to the Contract. 12. Either perty altbe Contract may taminate tbe Contnct by liTUll to tbe other party 30 deya notice ill writing with or witboat pod c:eu11 ebown. Upon delivery of IUCb noticl by tbe Enpewood Public Scbool'1 to tbe City of Enclewood and upon a.piratiOD of tbe 30 dey period. the City al En,iewood lhell dilcontinue ell aervicee ill CIIIUl8CtiClll with the ~ at tbe Contract. All IIOOD U pncticeble efter J"eClipt alnoticl alt.anrinetioa, the City alEn,lewood lhell lUbmit e atetement, lbowiq ill clew) tbe _.._. pebawd under the Contrect to the dete at tarmination. The BDpwood Public Scbool'I aball then pey the City at Enclewood prcapdy thet paopartiaD al the pnecribed cberpa which the aervic. ectually perfarawd UDdlr-the Contnct beer to the total aervices celled for under tbe Contrect, le9I IUCh paymcta OD eccoUDt at the cberpa u have been prwm,ualy made. 13 . All noticel and communicetioa1 UDdar the Contnct to be mailed or deli....t to tbe City at Eapwood eball be to the filUawiq eddral: Director ol Public Warb City al...__. S.00 South Elllti 9lr9lt EDpwood. Coloredo 80110 All noticel and cmDmunicatiom ,-uinills to the Contnct eball be mailed or delivered to tbe En,lewood Public Scbool'1 at the filUawmc ..sm-: En,lewood Public Scbool'1 ,101 Sautb Baanaclt sen.t Eqlewood., Coloredo 80110 1'. The terml and CODditiCllll altbl Contnct eball be buadiDt upon •tity, itl ,u_n and Ulipl. 115 . NothinJ herein eball be COD*-1 u -*'81 uy Jlll'ICmU liability OD tbe put at eny offlcer or epnt at eny public body wbicb may be perty banto, aar eball it be canatrued u livm, any riptl or ...eta baa ._ to -,-. odlar-tbaD the Enclewood Public Scboo1'1 911d the City at Eapnood. -2- ... I. 0 ,-------------------------·--~---------------------- • ·, • <. IN Wl'l'NB88 WIIBBBOI', tbe partiea banto bave eucutad tbil Contnct tbe day ad ,-r &at written above. A'ITB8T: A'rl'BBT: 0 ' ' .. I. . , 0 • ------------------------------- • I • •, • <. COUNCL CO....-:ATION .,. A...-lllm Novernbel 18, 1998 11 a 1f NTIA1EDBY Depa,1ment of Public Wom COUNCIL GOAL AND PREVIOUS COUNCL ACTION This piopoeed lmargovemmental Agr•ment la an..._ of l9giorial cooperation, which Councl Nt forth•• goal in 1994. Council approved similar tlNt malnlll•a ..,..,,. ... wllh the City of Sheridan tar 1993, 1994, 1995and 1998. RECOIIIIENDED ACTION Staff Wlka Council approval of a bll tar an Oldiianca adtlorlZlng the Mayor ID sign an lnllrgovernmanta Agreement with the City of Sheridan tar tlNt melnlll•a. BACKGROUND, ANAL YIIS, AND ALTDNATIVH IDBfflll!D The City of Englewood ha been NNiclng City of Sheridan velliclN lince DeclnN, 1992. The agency continues to provide basic maintanance, such M ol changN and lube jaba, but bringl fflOl9 COfl1IID jaba ID Englewood's Servicenler. The City of Sheridan ha been laillad wllh lhe wvlcN pnwlded ~ Englewood and is illlll•ltad in continuing our wortclng l9lallonlhlp at the rwlNd ~,.. of $38.00 per hour. FINANCIAL M'ACT Throughout 1993, 1994, 1995 and 1998, the Senticll• Gerage IDok on the addlllonal warldoad of a.vicing Sheridan 's fleet vehiclel. Thil ha been~ wllhout adding addlllonal llaff. Income tam the City of Sheridan helps defray the cost of providing tlNt ma1n11nanca ..v1ce1 ID .. Englewood Depa,1mala . Esllmatad 1997 revenue. $25,000.00. UIT OF ATTACHaNTI .... .. I . 0 ----------------------,.,-------------~--------------- • ORDINANCE NO. _ SERIES OF 1996 • ' I BY AUTHORITY AN ORDINANCE APPROVING THE RENEWAL OP AN INTBRGOVERNIIBNTAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO AND THE CITY OF SHERIDAN, COLORADO WHEREBY ENGLEWOOD WILL PROVIDE THE CITY OF SHERIDAN WITH VEHICLE MAINTENANCE. WHEREAS, the City al En,lewood bu been Nl'9iciq the City of Sheridan'• vebicla since December, 1992; Uld WHEREAS, the City ofEn,lewood Uld the City ofSberidaD cleaire to -the qreement whereby En,lewood providell Sheridan with Tilbic:le maintenan4:e; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCU. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sectjgp 1. The intergovernmental qreement between the City ofSberidaD md the City of En,lewood, Colorado for vehicle maintenance, attacbacl u "Ellbibit A·, ia bareby accepted md approved by tbe En,lewood City Council. 'lbe Mayor ia n1:bamed to aaeut,e Uld the City Clerk to attest Uld N8l the A,reement for Uld cm bebalf of tbe City al Bnsl-ood, Colorado. Introduced, Ned in full, md puNd cm tint readinc cm tbe 18th clay ofNonmber, 1998 . Publiabed u • Bill farm Orctinmce cm tbe 21at clay ofNOftmbao, 1996. Tbomu J . Barna, Mayor ATTEST : Loucriahia A. Ellia, City Clerk I, Louc:riabia A. Ellis, City Clerk al the City of En,l9WOCld, Colando, blnby catif)' that the above Uld fonsoinl ia a true copy of• Bill for m Ordinuce, introdaced. rad in fall, md puaed cm 6nt rudina cm the 18th day alNcwember, 1998. • 1- • . 0 I. 0 1 32xl • ·--~----:--------:---------- • t• • . . CONTB.Acr '11118 AGRBBNBNT, mtered into tbia __ day of 1996 by and between the City ofEqlewoocl. wa-. addna ia 3'00 South Elati Stnet, Eqlewoocl, Colorado 80110 uui Tbe City Of Sberidan, wa-. addna ia ,101 South Pedaral Boulnud, En,1-ood. Colorado 80110. 'lDIIII OF CONTBAC1' NOW TIIEIIBl'OIIE, ff 18 AGRBBD by uui bcwwa tbe City alEqlewood and the City of Sheridan that: 1. Tbe City of Eqlewoocl, Colorado lball perform tbe foUowiDr -.i-: Tbe City of En,l~ lball perform all n--,. npain and mailltenmce CID tbe vebicla owned by tbe City al SberidaD to tbe City al Sheridan'• 1&tilfactian, uui tbe City al Sbaridan lbaU pay to tbe City of ~ f'or ncb ..-vica tbe IWD altbirty-m Dollan ($36.00) per hour, ill additian to tbe COit to tbe City of Eqlewoocl of uy partl or outlide vmdor c:barpa plua Twenty percent (20'JI,) badJin1 fee. 2. The City of Eqlewoocl will proceed with tbe performance of tbe ~ called for ill Parasrapb No. 1 CID January 1, 1997 uui the Cantnct lball terminate CID December 31, 1997. 'lbree additianal ane (1) year periocu may be neaotiated by the City Manapr or hil deaipee. 3. Some maintenance oftbe City ofSberidan'1 vebiclel lbaU be performed by the City of Eqlewood aceordiDs to a acbedule to be made by tbe City of Sberidan uui approved by tbe City al~ u pert altbia .-i, and lball include work requeated by Sheridan or wort idaltitled by ..,.__. darins inlpection of the vehicle. ,. The City of En,l~ lbaU npair uy Wlbiclal of tbe City of Sbaidan delivered to tbe City of En,lawoocl Car tbat pmpme ill • pod, wartmaalib manner . 5 . The City of Eqlewoocl and tbe City of Sbaidm ap'N not to: nfaaa to bin, dilcbarp, promote, damote CII' clilc:rimiDate ill UlJ IIIUtar of CCDpeneation; performance, ..vi-or odlarwile, qaiDat uy penoD odmwiN quali&d aolely became of race, erNd, -. color, Dat:iaaal ariliD • .-try. 6 . Thia Cant.net may not be modifted, ammdecl • odawiN ait.nd unlw mutually qreed upan ill writiq by tbe partila. 7 . The City of Eqlawood by and tbroqb itl ~ and ..-u lball ba couidend Car all ......... of tbe Cantnct, to ba iDdepe :lent ccmtradlDn wl not_,.,,_ altbe City of Sbaricbm. 8 . The City al Sbmdaa by and. tbroup ita _,.,,_ uui aamta lbaU ba canaidaracl Car all....,... oftbe Cantnct, to ba iDdlll :lent oamradal1 wl not _..,.. of tbe City of En,lnaocl. -1- • I • ~ #. •. I· 0 '32 x l • 0 I• • 9 . 'l1le City of...,..._. IMll aat wip • ....,.._ tta int.rat ill the Contract wit.boat the.,...._ --oldie Cl&J ollllaidaD. Any unauthorized ee,ip,-,t • ......,_ IMll ....... c.tract null, void and of no dec:t u to die CitJ ate idaD. 10. 'l1le City a1--.. ...... wip • ....,__ itl int.rat ill the Contract wit.boat the.,...._-...& oldie City of.........,_. Any unauthorized 0 pCIDt _. tl'aDliflr lball ..... die Cmtnct Dall, void and of DO efrec:t M todleCityof ........... 11 . 'l1le City ofEDpwood lball be l"llp'Dlible far tbe pra(eNiaa•I quality, wbaical ~. timely completiaD wt tbe cocriiDatioD of the repain 1mds the Contract. The City abell, withaat edditiaa•I -..m•taGD, ~ or rffiN eny sron, amiuiou, or other delc:imcia ill tta Nrricee relatal to tbe Contract. 12. Either party of tbe Contract may t.enaiDete the Comnct by liWlf to the other party 30 deya notice ill writiDC with or without aaod c:aUN abawD. Upoo delivery of aucb notice by the City of SberideD to the City oCEqlewood and upao expiration of the 30 dey period, the City ol Eqlewood ebaU diacontiDue ell aervicee ill connec:tion with the perlormuce ol the Contrec:t. M IOOll u practicable after receipt of notice of tumillatiGD, the City of EDcl-ood abell submit • lltetement, abowinf ill detail the NrYicea performed under the Contract to the d•te of termilletion. The City of Sheridan ebaU then pay the City ofEql-ood promptly that proportiaD oltbe preacribed cberps which the aervicea ac:tually performed UDder the Contract bear to the totel aervicea called for under the Contract, leu IUch paymmta on 8CCOUllt of the cherpe u have been previouly made. 13. All noticea end communicetiona under the Contract to be mailed or delivered to the City of EDcl-ood lb.ell be to the fol1awin, ~= Director of Public Worb City of EDcl-ood 3400 South Elldi Sbwt EDclewood. Coloredo 80110 All noticea end communic:etiou pertaiDiq to the Contract ebaU be mailed or delivered to the City of Sbariden et tbe rao-m, eddraa: City oC Sbericlen ,101 South Fedenl Boulnerd Enclewood, Colaredo 80110 H . 'l1le t.erma ad coaditiou al the Comnct lball be biDdiq upao ucb City, ita 1uc:ceuon end Mlilu. 15 . NothiDf luniD ebaU be c:mmued u cnMUll 8DJ .,....__i liebility OD tbe put ol any afflcer or ..-t al any pablic body whic:b may be party banto, _. ebaU it be cautrued u liWlf uy rilbte or a-.8ta be1elllldar to enyaae other tb8ll the City of Sheridan end tbe City of lnpawood. -2- •. I· • ·, • (. IN WD'Nlll8 W'IIBIIBOP, tbe putiN banito bne _._ tlm Ccllltnct tbe ~ad,-,. &at writt.m above. A'l'TBST: A'l'TB8T: a'ITOl'MMBWf -3- . ' • . .. I· 0 • . .--------------------------- USOUJTJOK MO. $1_ 8BIIBS 01" 1118 • • ' f I '-11 A RESOLUTION ESTABLISHING FEES FOR GOING OUT OF BUSINESS AND DAMAGED GOODS LICENSES UNDER fflLE 5, CHAPl'ER 17, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City Council of the City of EnrI-ood. Colorado hu amended the Englewood Municipal Code with the pauage of C.B. 69, Seri• of 1996, by deleting the reference to licenae f-; and WHEREAS, lic:eme C-are more appropriately aet by Council rNOluticm cm an annual buie; and WHEREAS, this rNOlution eatabliBbee liC8DN re. for Goinc Out Of Buainaa and Damaged Goode Salee; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sed:igp 1. The City Council of the City of Eqlewood, Colondo hereby approvee the following fees for Going Out Of Buaineu and Damapd Gooda Sal•. License Fee Renewal Fee Application Fee $50.00 $25.00 $ 10.00 ncm-refundable ADOPI'ED AND APPROVED this 18th day of November, 11)96. Tbomu J. Burm, Mayor ATTEST: Louc:riehia A. Ellie, City Clerk I, Louc:riehia A. Ellie, City Clerk for the City of Eqlewood, Coloraclo, hereby certify the above iB a true copy of Reaoluticm No ._, SeriN al 1996. Louc:riabia A. Ellie .. I. • • • ,. COUNCIL co,a.NCATION 0-. November 18, 1118 11 a 111 COWICL GOAL AND PIIEVIOUI COUNCIL AC1ION .. • ...... RNolllllon ........ ID fNI for ..... and ....... for ..... under 11lle 5, Cllapler' 17 (Qolng Oul al ....... and Damaged Goodl T1lla f9IOklllon Nia liclla fNs for TIiie 5, Cllapler' 17 al .. Cly Code. The....._. la ...... per .. dlangN .. Council...., In .. onll•a 11111111111 .. mcnlDllum on Illa Cllapler'. Al. .. May I, 1118 lludr INllorl, llllff Ille 111 II lw pnlplllld mcnlarlum wlll 1w Council. On June 3, 1118, Ille Cly Counc:I INd and 11-.9 o.•=• 25, ..... al 1• on 1lnlll 191111ng. 11111 Onlnanoe ellablllhed Ille moralOrlum to NII fnlm June 10, 1-lo ~ 10, 1-. 0n Nov .... 4, 1111, Council INCi and paNd an anlnance to add this new Chaple,. 11111..._ w OltglMllr C011llllllled In Cllapler' 12 al 11lle 5. IIECOlalENDED ACTION Slaff recc,mnam cay Counc:1 approve 1111a ....._. ............. tor TIiie 5, C111p1er 11. WllCIIIOIN), WL.ftla, MDALWTND iiENII & LlcenNI under 11lle 5, c....., 12 ... pall allw mcnlDlluln 1111 .... on June 10, 1•. The onll•a Council...., on NIMmller 4, 1• 11111111w fflOlllladum and ...... COuldlo • fNI for.__. br ....._._ In the fubn, Council .. lwvlewTlll 5 fNI • 11111 allw ....i 111i111111t pn,ceaa. The fNI fora golrlQ CM al....._ and dameged ......... ..._ ................. flllffl ...-. levell, bul an addlllonal..,...... .......... addad lo CIMI' ......... Olllla. TIie ...... pnipoaad to .......... following..,,... 1111111 the ..... ravlew: Going Oul al .,..._ and Damaged Goodl Sala UcaMe Applollloft l'ee: 110.00 (IIOIH9fundable) Going Oul al.,..._ and Damaged Goodl Sala UcaMe : II0.00 Renewal of Going Oul al lklllnNI and Damaged Goodl 8alll I.Jolla : 125.00 FIJUMCIAL .. ACT TIie Cly of Englewood colleded '40.00 In golrlQ CM al bullllla and damagad goodl ..... llcaMe fNI In 1115. .. ., I . • .,......-------------~-------------=-- RBSOLtmON NO. 9lt_ SBRIBS OF 1116 <. . , . • i v' A RESOLtmON ESTABLISIUNG FEES FOR AUCTIONEER LICENSES UNDER TITLE 5, CHAPTER 18, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City Council of the City of En,iewood, Colorado bu amended the En,iewood Municipal Code with the puu,e of C.B. 86, Seri• of 1996, by deleting the reference to liceme fem; and WHEREAS, liceme fem ue more appropriately aet by Council naolutiOD on 1111 11DDual buia; and WHEREAS, this reeolutiOD Ntabliahea licmae fem far Audi-; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tiqp 1. The City Council of the City of Eqlewood. ColGl'lldo hereby a,..._ the following f-for Auc:tioneer Licenaea: Auc:tiOD House Liceme Fee Auc:tioneer License Fee Applic:atiOD Fee S 5.00 per day, or S20.00 per year · S 10.00 per day, or sao.oo per year S 10.00 --nfudable ADOPl'ED AND APPROVED this llda day of N__., 11188. Tbomu J . BUJ'Da, Mayor ATTEST : Loucriabia A. Ellia, City Clerk I, Louc:riabia A. Ellia, City a.It far the City al ......... Colorado, __, certify the above is a true copy al ReaolutiOD No._. Series al 11188. .. I· 0 • •,------------------------.r-----,--,-- • (. COUNCIL COMMUMCATION .,.. ........ ........ November 11, 1111S RaoMlcNI ......._ID fNs for 11 a iv ........ ~for ..... ~,... 5, Chlpler 11 lnlllllled By I Frank ........ of Financial SefVlces Dnctor COUNCIL GOAL AND l'IIEVIOUII COUNCIL ACTION TIiis IIIIOlullon Nia llcenle fees for TIiie 5, Chlpler 11 of 1M Cly Code. The l'NCIMlon II niquhd per 1M changes the Council adopted In the onlnance lhat llfted u. moraloflum on 11111 Chlpler. M the Maye, 1111S lludy Nlllon, mff cl•cn•ed u. pnlpONd fflOfalaltum wllh u. Council. On JuM s, 1•. the City Council read and peaed Onllnanca 25, 8ellN of 1• on ftnal IWllng. TIiis Onllnlnca tllllblllMd 1M moratorium to n,n from June 10, 1111S to Dacambar 10, 1111S. On NIN.,.. 4, 1•. Council l'Nd and palNd an ocdlnanc:e to add this new Chapter. TIiis llclNa wa orlglnally COlalMd In Cllapler 12 of TIiie 5. RECOMMENDED ACTION Staff recommetlds Cly Council approve this l'8IOlutlon ......._ID fNa for TIiie 5, Cllapler 11. IIACKGROUND, WL.ftll, AND ALTBNATND IIINl•B Llcllrw undar TIiie 5, a.pear 2..,. pal1 of 1M mor*'1um 11111 bagell on JuM 10, 1111. The onll•a Council adopled on NcMINlar 4, 1111 lllled .. mor*'1um and,.... Council lo• fNa tar.__ br INOMlon. 1n u. Min, Counc:1 wa lavlawTlla I fNa • pa11 of .............. ..-. The.._ far audlonNr llclMII .. nol bNig changed tam P1wv1oua --.11111 m addllonal .......... bNig added lo cover edmlnlllrllllwe COila. The fNa .. pnipoaed lo a.•• .. talowlng .-1111111 .. MIil favlaw: AudlonNr or Auc:1on Holm UC..._.... FN: 110.00 (norMafundlllla) Auc:lon HouN UC..: 15.00 per-, or '20.00 per,... AudlonNr l.lcanN: 110.00 per daJ or ISO.DO per,_. FINANCIAL .. ACT The Cly of Englewood collKted '70.00 In audlonNr ..._ fNa In 1115. U8T OF ATTACHMENTI: Copy of pnlpONd l'8IOlutlon .. 0 I . • RBIOWl'IOII MO. gs -a,- •, (. • 11 V A u:soumoN ESTABUSHING FEES FOR CHRISTMAS TREE DEALERS lJCENSES UNDD 1Tl1.& 5, aL\PTER 12, OF '11IE ENGLEWOOD MUNICIPAL CODE 1985 . ......... .. atyo-cil afdaeCityaf .......... ColandohM vneadecl Title 5, a.,..11.af .. hJ' acadNwiripelCodewitbtbe,_...afc.B.~.SeriNafl996,by ............ _ ... ~ .... ;ad .,,,..Y. ~ ,._ -_.. apprapriat.ely Nt by c-ncil naolutioo OD -annual ... ; .. WHEREAS, dlia l'NlllatiaD _.ebtiehee 1icmN fw far CbriatmM Tne Dealen; NOW, THEREFORE, BE IT USOLVED BY '11IE CITY COUNCIL OF '11IE CITY OF ENGLEWOOD, COLORADO, THAT: Sec;tiqp 1. 'l1le City Council af tbe City af Enpewoocl, Colando Imel,)' approvee the followm, f-for Cbriatmu Tne Dealen. Application Fee Chriatmu Tne Dealen Liceme Fee Cleanup Depoait $ 10.00 DOD•refundable $ 10.00perNllin,NUOD $100.00 ADOPl'ED AND APPROVED tllia 18th day of November, 1996. Tbamu J. Buma, Mayor ATTEST: Loucriahia A. Elli•, City Clerk I, Loucriahia A. EW., City Clerk for the City ofEn,lewood. Colorado, hereby certify the above ia a true copy of Reaolution No._, Seri• of 1988. Loucriabia A. Ellia ... •' I· 0 • ~ -- ~ .. l' !I r Q 0 ~ f . ... .., f. .. !~ • • I .. 1 1, u, iPHi u 1:1i u~ i I i , 1: nr i r' s1: ·'1• 11 I .. I~ ff I f ltf i 11 :~u ;d I~ H ~, s,~M I i111 a I ,~ IJJl!i I ~sa[ f!I I --r''i I ''• If; I I 11 !U I,! fl ! i ~i ii f : r · I I llJirl J liiJ U i f ,rJ. I f 11 I -I f I Ir In C ... --I •r.. i ~-• 11d! '" •ii' h • ji!1 1111• I 1111 · • •·11 IJl•l ~ !1 i ! I!" I ~ ~ f 1ft ail~ If (• ~~ r ~ i I -... ,. .. 1 .. • I· , .ft r ' ' , I . 7 ....... , ·, .. ~ ' ------------------------~-,.,-----------,II"""----------------.---- • U80LtmON NO.~ SBlll:B OP 1118 (. • A RESOLUTION ESTABLISIDNG FEES FOR POUCE AND DETECl'IVE SERVICES (PRIVATE FIRMS) UCENSES UNDER TITLE 5, CHAPl'ER 22, OF THE ENGLEWOOD MUNICIPAL CODE 1985. WHEREAS, the City Council ohbe City oCEnclewood, Colorado bu amended Title 5, Chapter 4, of the Englewood Municipal Code with the pauage of C.B . 68, Seriea of 1996; and WHEREAS, licenae feea are more appropriately ll8t by Council reeolution OD an annual baaie; and WHEREAS, tbiB reeolutioo eatabliabea liceme r-for Police and Detective Servicee (Private Finne); NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: $oc;tign 1. The City Council of the City oC Enpewood, Colorado hereby approvea the following liceme feea for Police and Detective Servicea (Private Finni). Police and Detective Servi-(Private Finni) LiceDle Fee $100.00 JIS' year Application Fee (Includea Bacqround Check) $110.00 nan-refundable ADOPl'ED AND APPROVED tbiB 18th day of November, 1996. Tbmau J . Burm, ¥ayur ATTEST: Loucriahia A . Ellia, City Clerk I , Loucriahia A. Ellia, City Ciak for the City oC Enpwood, Colorado, bseby catify the above ia a true copy of Reaolutioo No._, SeriN oC 1996. .. I· , • • <. .,.. No.ie.lDII 11, 1• 11 1 vi COUNCIL GOAL AND PIIEVIOUI COUNCIL M:1IDN ...-........ ,·u,,.. ..... ......................... .... TIii 1. Clllplll' 22 (Polee -~ _..._ D2MdDI' l'hll lNOSulion Illa...._,._ far TIii i, Clllplll' 22 ., .. ca, Cclde. TIie ........_la ...... per Ille changes Ille Council adapled In ................................ Clllplll'. Al 11111 Mayl, 1111 l?Udr 8elllan, 12aff to I II .. PIii 111111 _....,. ..... Councl. On ..... 3, 1111, Ille Cly Council ...i • ..... Oldll•m 21, ..... ., 1• • 11111 ...... TNI Oldll•a e12111111111ec1 .. mon9Dltum lo NII fNm ..... 10, 1-lo DIDI-10, 1-. Oii N9u 11 4, 1-. Councl ...i and ..... an ordinance to edd 11111 new a..-. TNI ..._ _........, W llt Id In Clllplll' 12 of TIiie 5 . RECOt•IIEtCIID ACTION 8taff recGffllMllda Cly Councl IIIIIIOIMW. fl 11IJIIGft d 27 ••• ,._far TIii i, elllplll-22. aACKGIIOUND, ANM.ftll, AND AL.TaaM1W WISC UC.Wunder TIii i , a...-2 ..... pa,trl .............................. 10, 1•. llleodl•a Councl adapled on No.wnllei 4, 1•Zlld .. _ ................ C..SID812 .._ • ..._ a., '9IOlullon. In Ille fubn, Councl .. _._TIii i,._• pall fl ....... .....,,..... TIie ,._ far an police and dalec:IM ...._ • 11111911111g ....... flwll ,..._ e.w.ea. 21111 • r SPFa Ill IIH71ll21'HI fN la being added lo cower' adlnlllilllil2he OOISI. TIie ..... 11111 Ill d lo lie 812 Ill .......... llwe9a ..SS .. nal l9Vlew: Police and 09ladiV9 lervioN lJmMe ANl7<ilMIJ I Fee: 1110.00 (nolMwful dltll) Police and Deledlve lervioN U....: 1100.00 per,_. or.,, hcSlon rl I,_. F-......c:IAL .. ACT The Cly of E,iglNood collec:iled 11,200.00 In pa5oa and dlSldl¥I Nrvlall S.. ... In 1111. .. I . . 0 1 a2xl • ORDINANCE NO . _ SERIES OF 1986 • • . . BY AUTHORITY !/ V II AN ORDINANCE AUTHORIZING AN INTEllGOVEIUOIENTAL AGREEMENT BETWEEN THE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AUTHORITY AND THE CITY OF ENGLEWOOD, COLORADO ENTITLED ·OBLIGATED PERSON'S UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE.• WHEREAS, tbe City afBapwood, Cakndo __.. uato a Laa Ap9emmt with the Colorado Water a..ovc. and Power ~ Aatbority; IDd WHEUAS, in coanectiaD with the nfln1Dc:m, by tbe Colando Wa&ar a..ou- and Power Development Authority af a partiaD af tm iDllallallDMI _._ by Aid Loan Apeement, it · ~ t.o enter iDt.o ID apeement entitled "tbe Undertakinc Apeement" with the Authority which nquil'N the City al Bnpewood t.o provide t.o the Authority certaiD typee af ftn•ncial infmmatiall; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OP THE CITY OF ENGLEWOOD, COLORADO, AS rou.ows: Sectim 1. The interpvmental acr-t "Obtipted .._ •• Undertaldn, To Provide Continuin, Diecban•, uucmd banto .. "Bllbillit A," ia banby acc:ept.ed IDd appaoved by the Bnpwaocl City Coancil. Sectim a. Tbe lla,or ii aldbariad 1111 maa end tm City a.tt to...__._ the ID~tal Acn-•t Ir end ca bebalf aftbe City af ......... Colorado. Introduced, read iD full, and p9999d ca Int nadial • the lldl day afNOftalllr, 1986. Publiebecl u • Bill for ID Ordiuncl ca tm llet day afN....._, 1111. ATTEST: Louc:riebia A. Ellie, City Clerk -1- . ' ' .. I· 0 1 J2xl .~-----------------~-----.------------------------c--o~ • Dale November 11, 1198 ·, (. - 11 I Vii COUNCL GOAL MD PREVIOUII COUNCIL ACTION 8ulljKt Bil for .. ordinance aulhorlzlng the U9Cllllon of the undeltaklng ....... In COINiedlon wllll 8 MIMnclng of Ulllalon/EnglNa W.... .. ., TINIIMnl Plant's loan This bll for an ordinance aulhortDa the Cly erama 1n1o .. undeltaklng .....,.. w1111111e Colorado war ReaourcN and Power 0..alopmenl Aullloftly. AppnMII of 1111a 111N11n wa r9duce the COil of flnandng the LllllelonlEnglN W..watar TINIIMnl Planl'a lmplwienls doM In 1IIO. IIECOlallENDED ACTION Staff IIICOll'IIMllda Cly Council approve 1111a bll for an Oldll•• aulholtzlng .. wldaltaldng .....,.. ..,. .. Colorado w... R9lolRN and Power o..11apman1 AulllcNIJ. UCKCIIIOUND, Wl.ftle, MD ALTBINA'TIVD WIZ L The Cly of Elig!Nood .......... ~WIii •1rT ........ Plllll 1111-. n. ...... W pn,vidad bf .. Cokndo WIiier RNOUl'09S and Power 0..11 p ••• ~ .... l\.tllll • ...,. 0..11 favcnllla dlalgea In .............. a. AulllolllJ la .......................... Clr'a ...... 1118 uvtnp from .. ....._1a1111 wa be paNd on to .. '*'ci, 11111-. Due to recant Seadiea Exchange Commllal1111 N11:drlla -. I la 111 f ..., ... a.c 114111 • 1 111..., Into .. undal1aldng.....,.. wllll lhe Au111cN1J 111111 ,..._ ... ca, 11e11•• 1111, • • : % 1 a,..... .. dladoN C8l1aln tlnllndal lnformallon on • COllllnulllg ....._ PW.NCIM. .. ACT The Cly of Elig!Nood wll U¥9 bomMlllg cam bf ....... Illa •i1111111!1&C •••••• Ill Cl I CIII .. .. r9flnandng oflhe ........ _. The amounlof 111W111lalllll fll ................ _ ..... aa, Council wllerl an Nllmale la made. The Cly of Elig!Nood wa 11111 bave 8llf ou1 of podrat cam. .. .. I . . 0 '32xl • .,-------------------~----- • • '· I, Low:riabia A. Ellia, City Clerk of tba City of Bapwoocl, Colorado, hereby certify that tba above and f'orecoiDI ia a true copy of a Bill for an OrdiDance, introduced, read ill full, and paued OD tint reamq Oil tbe 18th clay ofNcmmabw, 1998. -2- . , • I· 0 1 a2xl • • (, SENT BY :COLO IATER a PIR . AIJT1f; 11-11-96 ; 2 : 221'11 ; CO m a P1R Al'nt--303 762 2331 ; , 2/ 7 IIC\' -.,_,µ!P-'!~lf.1'_, t'!l<, A!_.rm : 1_1-1-t, '!•. :i.:i·_:q,!' .l-. .. _, .. ~·-~·-~·----~!·-:.:.:-_.-. ······"'-··· . _ ms ,,__.,, s s tr • .,.,,.,, a: 1 n, 11 11111 4*111114 Pm'• Vs1a1 I ... • ....... C I I a Di I .... ., 11/WM ~, ......... , .......... Qyol%1F .. 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W.Y-.NYI- ,._ 012) ffl.495 Fl1r. (212) 7'MIM • )C . H t A • . ... I. - - • • • .,---------..r-----.----------- 0 I• n.Baads.,. Sec a vlwy Matmt D!a:lnen • "' HadlDJl s-. ]Id l'laar Maw Yam. NY 10014 llllllaal-6-= Diaokn"8 Rtc.- ,.._: (212) 107.,a14 Fu; (212) -.9212 n; .. --. ... Doc, .,..... ._, ....... .. S16l lUwrlal B :d111f , MD •16 PIIIIIDr. (IOO) 63WM1 Pa: (301) 171-2319. Mood)·'• NIMllll ............... c.. t,Clludalna M•Yedc,NYIOOO'l 1'1111111: (IOG) JJt-6306 Fa: (212) 5'J·I• I. L DlliLIIIDJ &.ill ,,, ..... Hallla.NA0174' ,._ (111D) ,..3670 "lllalidima·..a-1111w __ .._ ... ,......._ .. ,..._. lmkdica ....... -..,. * ._. • 1996. -aulc lkl•IZ-all w ._ 1Sc2-ll ... * I illw I S J A&t of 1934.a s «1mDU11a••t11 ... u-......_....._.,. • ...,.....,, - •adaGllclll:..;a ~---,r or ...,....... b «bJ•EC. "SW lllfi rndr DIii ·1 ,• .. --, ,.. ar ,ma •• 1 ail •t t ta s d"fdle.._ct~••ms · •• _.., ........ ~aflllll l5c2-12. "SEC" all w .. Ullilld -I ile4 ... Ert I C Ed ...... 2. on, r ........ c r ta TS s a. (i) n.OH·1 ,,._......, I I ,ial ........ C ,_, .. .... .,.,.....,.-... t ., ........... .,.Laa .. , , ....... .. ......... ,..,.,., .............. ,,, .. , Me+.llr ....... af ....... ofllll ........ fftWi* ·-· ............... Jar. (-> ID_.1; JIii)_. ....... 0 d D; I , ..... ... llO...,. ..... .," ...... ,..., ........... ,.. ... D11 ber,0.19'6. .. A...ald: l•Nllllla•-*11111,-: (It) if• I 's 1 •,-.tar_..• A...i JC dn, • _. Pep . i • • 1111 ._ W d• D• nt1 J. If-...... ._., .. _. fll• otltsrvl ,._ ..... la) ,_...__.,,_, ...... p,c tl1;~ 2 •. I . 0 ( . • .) '2 . .: f( i?.:: I 1'11·1 ~J llfl 11·1 l'I j: t I 11-,lr ; g r. s I ~,, ! f .·~ II ;(!"'! :~; ' r I J ,,~t l Ii~ I.~ ,·~~-$([fir t • , . 1 l 1 , .. , , , I-;- w ,I 1 .Jf i s'l 1t : 1·1 1•1 ~· 111 ·( ~ !f l!I• r? i~~ -~ . HtJ, .I. }1 1!115 2 I . . . l'·j'd :,1 U'if p1r1 'ff •: 1!1 ·• ; H 111 11 lr-. IC J1a Ir ' rl ~ i J 1.1 . u; 1M' J~i~' '11 If •:p ~ lwrff ,,( ,,I B tr '·!. 11' ~ ~ .. ... ' ... , . ',. ' ' • • <) • I . ~ ~ I~ I i! 11 i8 Is I! J Ji J J!!~i~Jif !J ·t ~ ·~ : I ~ , . ' •• 1: !: : :,, ~ 11, ~ ,l,i:11f1Jf~ f !Ji f ~ ~ " ! -(a_ -flt_ I 11 1 ff ' 'I 11 I ~ fJ !1 J!.Jt1!f'1!1 r, r I.- ~ j Ir l I ft (: 1·•jlr{liJJ ,. i • ~ 1 • ii ., ~11,1:.:,, I! ' .. • 0 • • ,. • • <, (•) • IDGllify • ...... ;a In ad.._ of• A....a 11111 r'e 6aa ............. t1 ....... c1a 2 ............... ... II . I J , ..... ialaw,• ... ia•.....,.-•-Gf•MIF5? , .... • .,.., ...... 1 nl 1,,........,(a>_it ... wila•n.r.•..-o6 ......................... h"a .... ., .. w_., ___ _ ............. ._ .. ..._of:illl I 1llly ............. 1lwkl11•...,_ -(091111•1 •.•• • ............ r , ..... QI auel .... 15c2- 12••*-of ....... ., .... ;· ........... _.., I a or d illalWiaMJ f1NfK•l*.a..U•• .... ia• 11.;llil(li) .. C ....... a ................. tlllalJlaa,.•t'>_.. ....... bMa4fl008'bydJIWG11•-tlllllihlofa.....,ia•? 1 ! ........ _tf .. 111 ricit ..... ..., .......... .,_. IFW• .... ...._LTam7 ,- n.•Wt 1·:, ............... .as.111112i16c..U.tl(Otlla ................... D11i1214,tis._>P 1 D$dllll 1 ... 61MID ... .. atsra , ............. ,, ,,..,,,...._ .. ....._., .... Uc2-12• (li)allJ I ·»11, 13 c~•;a I .iflllf _ _. ............................. .. ........ , iniNalllliPe .. nirl ........ ...., ........... ...... 12.01 ti .. IINDhSfa la 1111 ,... vi_.~• .... IC 1. • .... all JNWl4ld1..,. ...... .., ... CIiis C ,-. ..... ,. CJNII,.,.. D'IU....71 1•,,.,•....-dia 1 $ ..... ., ......... ...._...,_..,.._... a·--·--• ...... -.Ge.at.,_, '11115 U: IIIADIG 111MLaGO'iUU 8Y'IIIIILAWO,flll ITA'II: C. CGUWQO WIW &a WWW aGtM 10 IIIIICltUI OF CIIIIIILICT GI' uw. J . ' .. I· 0 'a2xl • ·, • SENT BY :ao IATEI I PIii. AlJllt; 11-11-86 ; 2: 251'1 : Ill"' ~.'Ct!~ -'!~!l-Jl_~ I~. -~'l"H : •-•-!.!:~.' E"'~ ~ DI WITNBII WHEIEOF, .. ,ad la t ._ llllJ ......... ,_......a• ....... u ......... ,, ltN. an or l:NGL&WOCID. COLGll+DO .. I· .. -~.-• nnM. "·"' 0 n--------------------------. • • 0 • COUNCIL COIIIIUNICA TION Date Agenda Item November 18, 1996 11 a viii Subject Agreement for Phase 18 Construction Management INITIATED BY STAFF SOURCE UE WNTP Supervisory Committee Stewart H. Fonda, Utilities Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Previous Council Action : Council approval of the Professional Engineering Services for the Phase 18 expansion project -September 5, 1995 RECOMMENDED ACTION The action proposed is to approve br malln the award of a construc:tion management contract for the Phase IB construction to Brown & Caldwell Consultants . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Long Range Master Plan, completed in May, 1988, identifies the major expansion and rehabilitation requirements at the Littleton/Englewood WNTP for 20 year, 50 year, and "ultimate· planning horizons . The primary goals of the plan are to provide for ammonia removal facilities and to assure that Mure facilities would fit on the plant lite end be installed in I coordinated fuhion. In addition , the plan achieves tbe four management oqec:tives at the plant : permit complianee, worker health and safety , odor control and cost optimization. Phase I, the 20 year horizon, tets forth the immediate needs at the plant and establishN the trutment processes to be utilized . This phase is further divided into IA, 18, and IC to add1'9U additional treatment , rehabilitation and c:apac:ity needs . Phae IA wu the largNt portion of Phae I end was completed in 1992 . Design of Phase 18 is completed and will be bid in December, 1998. Construction of the facilities will begin in January , 1996 and will last approximately 20 months . Phase 18 provides additional treatment capac:lty for organic matter end ammonia , needed due to population growth in the service 1ra1. In addition, odor c:onlrOI work, solidl handling ,-placement, and digester modification and c:ogeneratlon system ~ .. included. Total cost of Phw 18 construction is estimated It $19,400,000 . .. I· 0 • • • (, Phase IC will complete the entire Phae I projec:t in the Long Range Master Plan. Thia projec:t will bring plant capacity to 36 mgd. Thia projec:t depetlda on wvice.,.. growth and ia antic:ipated to be needed around 2010. The proposed action provides conatruction management and engineering wvicN for the construction of Phase 18 facilities . The magnitude of the conatruction project neceuitatN these services to mure the construction contrac:tor complies with the conatruction specification and drawings, to provide the review and inspection wvicN for conatruction, to provide record drawings at projec:t completion, to verify the adequacy of pay req&.mta, to provide training of plant ltaff in new facilities and to update operating and maintenance procedures n manuals. The recommendation ia for Brown & Caldwell to provide the conatruction management NrvicN per the attached agreement and acope of wort(. They have extensive experience in construction management at wastewater treatment plants. They .. vwy familiar with the design and proceu ~. as they are the design engiueer. Brown & Caldwell's pe,formance on the Long Range U..... Plan, the Wuteload Allocation Study, n the PhaN IA design and construction management have been excellent. FINANCIAL IMPACT Construction management and engil-,tng wvioN for PhaN IB wll COit $1,835,418.00. The coat will be split 50/50 between the cities of Llllaton n EngllWOOd. FWlda .. available n .. budgeted for 1997. UST OF ATIACHIIENTS Proposed Contract • .. I. 0 1 32xl ----------------,· • • • • AMENDMENTJ TO AGREEMENT FOR PROFESSIONAL ENGINEERING SERVICES BETWEEN CITIES OF LITTLETON AND ENGLEWOOD AND BROWN AND CALDWELL FOR WASTEWATER TREATMENT PLANT IMPROVEMENTS • nus AMENDMENT NO . 3 to the Agreement. made and entered into on this __ day of ___ . 1996, by and between the joint venture entity comprised of the Cities of Littleton and Englewood. Colorado, herein collectively referred to u "Owner," and Brown and Caldwell, Inc., authorized to provide engineering services in Colorado, hereinafter referred to u "Engineer'': WITNESSETH: WHEREAS. the Cities of Littleton and Englewood have entered into a joint use agreement which describes each City 's respective rights in and responsibilities for the ownership and operation of the Littleton/Englewood Wastewater Treatment Plant (WWTP) pursuant to which agreements and contracts may be administered by Englewood on behalf of both Cities; and WHEREAS. Owner has completed a Long-Range Facilities Plan Update for Phue 18 and Beyond for the WWTP; and WHEREAS. Owner and Engineer entered into an Agreement on September 13. 1995, to provide professional engineering services in connection with implementation of Phase lB of this &cilities plan. herein referred to as the "Project"; and WHEREAS. Amendment No. I was executed on April 15, 1996. to provide additional engineering services usociated with cogeneration and value engineering; and WHEREAS. Amendmen" No . 2 was executed on July 31, 1996, to provide additional engineering services associated with several miscellaneous modificabOIII; and WHEREAS. Engineer has completed detailed engineerina desip of Phue lB improvements and has prepared engineered drawings and specifications for COllltNCtion contract bidding; and WHEREAS. the Owner. after considering the Engineer's presentation made to the WWTP Supervisory Committee on September 19, 1996, hu determined to retain the Engineer to perform the required services under the terms and conditions set forth hereafter; and WHEREAS. Enpeer has available and oft'en to provide penonnel and &cilitia neceuary to accomplish the work under the terms and conditions set forth hereafter; and WHEREAS. Owner and Engineer have completed neac,tiation of price hued on cost data submitted by the Enpneer . A 1 t 3 S1pu1di1 19. 1996 Pap I of3 I. 0 • • • • • • NOW , THEREFORE, Owner and Engineer agree to amend the Agreement u follows : I . SCOPE OF ENGINEERING SERVICES · Under Anicle II, Paragraph A, "Planned Engineering Services," add the following sentence: "Engineer agrees to perform additional tasks descn"bed in Exhibit 82, entitled "Construction Engineering Services," dated September 19, 1996 . II . SCOPE OF OWNER PROVIDED SERVICES Under Article Ill, "Scope of Owner Provided Services," add the following : "6 . Owner agrees to provide facilities and equipment, and to perform services in connection with the construction Phase services which ue particularly descn"bed u follows : A. Approve and pay ac:c:eptable progress payment requests . B. Maintain the Owner's project accounting system to collect and track project income and expenses. C. Provide legal services for the Owner related to requi,ed contncts, permits, insurance c:ertificates. ripts-of-way, intenpncy 11fN11111111, and COllltnlction dispute resolution, if required . D. Approve acceptable change orders . E . Initiate Owner requested chlnaes - F . Monitor contract provilions for lflirmltive action, imurance c:ownae. and other related activities . G. Provide available illformation relaled to the Project . H. Provide direct comnunication with the Colorado Deplnmlal offfellth and the U.S. Environmelcal Protection A,w:y nprdina the Project. I . Designate an Owner ~ to provide timely direction to Conlcruction Manaaer and render Owner decilioaa . J. Award construction contncts. Actions will include alliMalM'.ll in NCeMJ11 the required COlllractOr docu,....,, --. ~ of award, 11UC1dml the construction •-with the alCCeldll COlllractOI', Md --aoac:e to proceed ." e:'l9)8'11an_..al_.,,...,_, .. A C J I C P at. I• .... l ofl • . .. I. • . , . • l . ill. AUTHORIZATION, PROGRESS, AND COMPLETION Under this Article , add the following paragraph : "In signing this Amendment 3 to the Agreement, Owner grants Engineer specific authorization to proceed with the work described in Exhibit B2." IV. COMPENSATION Under Article V, "Compensation," add the following : "For the services described in Exhibit B2, which are to be performed by the Engineer, Owner agrees to pay, and Engineer agrees to accept compensation of a lump IUffl price of 51,835,416, to be paid in equal monthly disbursements over the course of the project . Compensation for services not covered in Exlubit B2 shall be u agreed upon by the Owner and Engineer and set fonh in an amendment to this Agreement or under a separate Task Order Apeement." If the Owner c:booles to delete services (such u cogeneration construction services) the Engineer lhal1 adjust the total compensation u agreed upon by the Owner and Ensifteer and set forth in an amendment to this Agreement . V . EFFECTIVEDATE This Amendment 3 to the Agreement shaU be effective on and &om the day and year first above written. IN WITNESS WHEREOF , the Engineer and the Owner do hereby execute this Amendment 3 to the Agreement . CITY OF ENGLEWOOD By Title Date ------------ BROWN AND CALDWEU, INC . ~de~~ Date \c>{q{4,c, ATTEST By T Ide Date A 1 J S SI Pl 19, 1996 Pap3 of'3 I· ---------~--------------.,-----~------------------------, • • (. EXHIBITB2 CONSTRUC110N ENGINEERING SERVICF.S TASK 4 CONSTRUCTION SERVICF.S Construction services shall commence after wrillen noaficatioo by the Owner and a,mpldion of the COIISbUCtion contnct documents, and shall end with submission of a project closure n:pon within 30 days of subslantial complecion of the construction c:mima. The sa,pe of wen for qineaing services to be provided by the Engineer under COlllbUCtion Services includes: Task4.0l Mam ........ Project Management includes assignment and supervision of project staff, project coordination, planning and monitoring of COIISbUCtion management work budget and schedule, correspondence with the Owner or others, and prq,anlion of a monthly swus n:pon and invoice to the Owner. 'Ibis lallt also includes ,ssi,...,.... to the Owner with respect to developing changes in SaJpe of Work and gmeral COlll'aCl administration. This task includes supervision of independeN consilnm for soils engineering, arcbitectural work, nweria1s tatina, ameys, and Olber specia)1y services during CODSIJ'UCtion, review of their reports, and advise IO the Owner ftllldinl impacts to project schedule, cost, or plam openliom. Enpleer shall develop a COlll'aCl administralion manual to eSllblisb ~ for adminislnaon of the COOllnlCbOD C011b11Ct, and distribure to Owner and Conlnlctor. Task 4.02 Constnlction Scbedo•ha. Monitor COllb'ICIOr 's mondlly updares of COit-ioaded COOllnlCbOD schedule and provide comments to Contractor reprding c:oafonnance of his schedule wilb requircmem of the project manual. Input data from the COlllbUCbOn schedule to I Critical Path Method (CPM) computer pqrun. Monitor Contractor's actual progress relative to bis planned COIIIIIUClion scbedule through mondlly updales of the compurer-bued CPM scbedule . Provide repons of actual versus planned progress. Bxbibil B2 S.miber 19 ,1996 Pa,elofl ...... • . I I. • • • i r r i i I .. ; ; ; I fl!(lif i!' f If! f f!l!'f 1 if I l~i! ! ' ... I t I I rf· f.t • l . i s r I . 7 'i 'J 1 "'. . '·t. t f'I !!1 !1l1f ff I~ !llfi1.J fKti ,,... , 11 I I JI I I Ii$ · 1 f" l . It ' ~In t ·f -t· I il ti ·g f t·fij r • • • --------------,.,----------------------------. ,~ •, - Task 4.07 ComtnKtion Doc:umentation. Maintain detailed project records and doc:umentation. Such ~rds include correspondence, schedules, submiuals, product dlla, payments, change orders , photographs, meeting minutes, and clarificabons. E.ablish and maintain system for tracking Contractor submiaals, product dlla, schedules, manuals , requests for infonnalion, corrcspondeoce, and other doc:umenls. Tak 4.08 Comtnaction Status Reportinc. E.ablish and maintain a status ff4)0l1ing system. Employ a compula'-bued project Management lnformllion Syst.em to establish blrlioes for cost and time. Monitor construction activities apinst dlele baselines and ftlX)lt devilDons between planned and actual progress. Advise and eDbtisb ftlX)lt comenl and formal wilb Owner . Task 4.09 On-site Moaitorin&- Provide full-time field pezsonnel to monilor oonformance of Conlnctor's wortc to plans and specifications. Field peuonnel sball include a COIISbUCtion manager, inspector(s), and a secrewy . AJTaDge periodic toun of worlt under COIISbUCtion for Owner's openuions staff approximately once every 2 weeks. Noofy Owner and COlllllCtOr of nonconfonning work and provide appropriate direction to Comnctor. Amc:nrtmM No. 3 includes 8,360 man hours for this task. Tak 4.10 Desip Team Site Visils Site visits by the project manqer or project encmeer. and other members of the design team , will be made periodically to oblelw the propas « the worlt and to advise the Owner and COIISbUCtion manqer c::onceminc conformlnce « the work widl the original design inled. Engineer shall assist Owner to monilor Conbm' s performance in following affumalive action, inswance cenifiafa, and other connct requilemems. Amendment No . 3 includes 1.080 man hours for this task. Task 4.11 Supplemenlar, Dllip. Prepare supplemenlary drawinp to rapond to actual or cblnpd field condilions . SIIJJl)lemelury drawinp will be prepared by the Bnp-, needed ID provide IAtirioaal delails for COIISbUCtion and to coamuliclee l*opcwl dllnps ID the Conbw. Aluendmm No . 3 includes 160 man boun for dlis 111k. Exbibit B2 Sepember 19, 1996 Plp3«8 I . 0 • , ' i ! Utlflr' i ! ! .f t · In 1--.1t i ·t·a A Jl1ifl 11111J1lf I fJtrfff1 1•11 r I . ~ It ·f ,liJ ·f JJ a i,if., -i ~ ;J. I ,~ -,~~ J·· Jr.: 1,1-·•an ;tf i i1!0: ·· !•1hh 1 h1H 1·n ht1 I-·ir I 11 la ,.aht .. ( • i i I f 1111 f llt I " ' I ti > 11111 ~-· .II\. .ro . I er . . . ~ I . I ·i ~h hh!r lirlf.lh If t.!i,f !.~.J ' , . / ... • . ,~ • Task 5.02 Opesatiom Trainm&. The Engineer will prepare and present a training program to fami1iame opcrabOOS penonnel with the process theory and control parameters for the new or updated facilities . Prc-swtup training will be scheduled immediately preceding swtup of each of the following major process facilities: Anaerobic Digeslers Anaerobic digestion process Sludge mixing sysrem Digesrer gas mampmen« sysrem Level CODIIOl and solids inwaory manqemenl Sludge Dcwaleling Sysrem Cenlrifuge sysrem Polymer sysaem Sludge saorage, conveyance and truck loading sysaem Centnte eqnalinrion sysrem Follow-ill) or post-anup nilling will be c:ond!....., wilb the first 2 web-following S1111Up ex the facililies. Follow-ill> lninillc will include a review m ift-sanup tnining and an opponuniry for queslioll and answer periods to idelllify any areu which are unclear. FoUow-up training will allo include, to the cxaem pcmible, binds-on expeaience with funaioning ~ The primary text for the tnining pn,p11111 will be the draft Opellliom Mamlal. Supplemeawy trainins lllllerials includills odler 11m1, cwlnpe lle:Xl, fi&wa, pboqnpbic prints or slides, and ocher vilual aids will be ulilized u medel1 for clarificabon in various training elemaa. One copy ex all •llll*'ffll'ID'Y aaining lllllerials shall be provided to Owner. AfflMldaoac No. 3 includel 340 arm boun for tbiswk. TMk 5.03 SCartup hliltance, This wk includes services to the Owner prior to anc1 following mnup m the project elements to ensure that the flciliaa are camplele and lady for openlion by the Owner' S staff. &lpleel' shall review Coablclor' I plan for inilial operllion and o:\29Slla--\ao-Jla,..il.b2 Exhibit B2 September 19, 1996 Pace5exB ...... .. I ------------------· • • t • • • commissioning of the new facilities, and assist Owner with initial opemion and process control optimization . This wk includes services of the Engineer on-site following swtup. This task shall be limited to 200 man hours. TASK 6 PROCESS CONTROL SYSTEM CONF1GURA110N Task 6.01 Systan Plannin& A process COllbOl Syslml implemenlaDon plan sball be de\eloped by the Bnginrer to address the following: • Identify the Owner needs to be met by the process COllbOl Syslml. • Eslablisb objectives to best meet the ideacifwl needs with the resources provided u work of the project consauction comnict. • Establish configuration and documaacinn guidelines. • Establish procedures for progress review and communicalion between the Owner and Engineer. • Establish the implerneotation schedule. The Engineer shall prepare a pJanniag document to formalize the project dinlction. The system planning effon sball effect guidelines for the de\elopmenl and implementation of the programmable logic ~ pqnm struc:IUle, dllabue orpnization, openror inraface envinJamem, dlla lllllllpmeal, alarm pnx:eaing and handling, and reporting. Task6.02 SystanAllltw•••••-Je•S I SiilM The ~ shall coafiguJe the process COIIIIOI syam ~ ID ......... the process COllbOl maps described in the COllllnlaioD comnict apecific:laom and crare the operaror ilrcrface enviaOblbelll emhlisbed by die SY*m fmllien'e;Mi<Ja Plan. This wk sball specifically address die followinc: • Progrommabl.e logic COl'lll"O&r Jll'OIIOIIIIIMI Provide pro,rammina for two (2) pqrmumble Sop: amollen incl11di111 the following specific tasks. O processor configuration 0 dlla file struawe configuration 0 COllb'OI Sop: impleNIMkm The conuol Josic sball be impleme • ~ in acconllDce wilb die PIOceu ConbOl Sllalegies included in die project C011111UC1ioa c:oamct apecifle •w. COIISIOI Sop: Bxbibit 82 SeiPIN.ber I 9, 1996 Plp6of'8 •. I . -----------------------,.,--------------------------- • 0 t• • shall be implemented which addresses system sranup/sbuldown fauh routines and programmable logic controller diagnostic reporting. The programmable logic controller programs shall be annotated to facilitate · modification and/or troubleshooting in the funm. Provide programming modifications for one (1) existing programmable logic controUer. Prognmming modifications shall be made to implrmear the flow pacing oontrol logic for the trickling filler and nitrifying crickliDg filler pump llalions. Eslablish communication illafaces and cllla band'er roulines wilh exisling and new openlOI' workslalions . • Operator UIIDfaa s".ftwtn eotfftp,Dlion ""'dejlnidon. lncbdng: Crration of the process variable dlabue ddinirion, including fidd«rived process variables and cala•llted process variables (IIJPIOXDlllldy 1000 tags). Configuration of the openror imerflce environment, including the following: 0 Graphic moniroring and COllb'Ol inlaface to include appn,ximalely fony (40) project-specific gnpbic displays. o Definition of the sysum acc:ess security. O Development of a menu sysum -to facililare naviplion wilbin the sysums operations enviromneat. Configunljon rA the alarm processing and bandling roulines for .w,.oxilmldy thffJe lundred fifty (350) analog and discffle alarm ccmn m. • Dala managanmt Systmi COtfliglll'Olion incblding: Definilion and modificllion rA the c111a maaaaemem syam process variable darabue (approximately 100 fidd.derived, manually~ and caku1*d process variables). Definition of the calcnlalioa dlllbue nicpred to gener11e the process Vlrilbles in the historical dalallue. lnlerface the bUClt scale sy11em will! the bistorical dlla serwr to facilillle the management rA dlla ftllaled to sludp procb:lion and hauling. Define dala entry displays to aep;eaa the new proc:esses. Define n,pon f0i1DIIS per user requimnesrs (..,aoximMely 4 CUIIOlll repons and 4 standard sy!lelll repons taiknd to user n,quimnenls). llipons sblll include pnxess performance repons for .... time iarvlls and replllory repons. Bxbibil 82 5epcmlber 19, 1996 Pqe7of8 .. I . 0 'a2xl '\ • • • ·, ----~----• Task 6.03 System Startup / TIL'ltin& / JWN•aiD1 Engineer shall orpnize and execute 5ys1rm fidd testing and comrnininning. System testing shall include bocb a simullred fidd test iaw:lepei«« of ICIUal process equipmM and a full scale equipmM depeudenc test. 1bis task shall also include die following : • Prepanlion of a system test and oornmissioning plan. • Doamieclllil' oflelt iaulls. • J<Htay formal acccpCIIR period following syaeem Qliiklllhisami•, indncting 4 days (two, 2~y vilill) oa-lile assiWnce duriDc 1bil period. • Follow-up ....,n evicel (5 days ca-a mvice) and s,-dlh,ai .. • ccmplecion of 30-day 111> ~ period. Tlllk 6.M Syltma Dll r,-14itlhm Engineer shall ~ a process COllll'OI systan IOftwue coafip.nllion manual to include die following: • Sy11an inpul/ouq,ut luling. • AJIDOllled pqnmmable lop: COllbOllerpmpam lilting. • Database definilion. • Namrive deactifxion of final .....,...... pnrm COllll'OI lllllepS and opmror inlaface. • Openaoaal inslruClion for aa•kiimd appti _...,.._ • Sy11an ............. pmcedu1911Dd p;,w;ne,. • Liainc of Syalem cmfiplllioa ... otJeiillilm.... • s. • TroublalM:iotill and ,ency open1D1 .......... . Tlllk 6.05 S,-..1'nillas Engineer shall provide 5 days of ca-a .,-...... lllllliYe IO die process COllll'OI Syslm coafiaunlion iDcliMlins l9Yiew of die COllll'OI lop: _.....,..ion, communicalions .-woat IINC:lllle, opealDI' .-flee awbw, IDd syam fflU!lpme#. Bal*B2 Slip a. 19,1996 .... ,o11 . ' • .. I. 0 • Date November 18, 1996 Initiated By Housing Authority 0 I• • ! <~,: '.; ,..,,/· r -·· '. ·/ (.··; :·'"'• I -.... J t , ' '. ·J ....... _:"' "-:-1 . --1 i-:; ~ .· t •• COUNCIL COMMUNICA~--~ .-..t•· / :.· .. :-.)·.;: \:: ~i':... . . ,//:· ... -. , .. . .... '-.:__ --. , Agendaltem Subject 11 a ix Motion Sherman Street • Staff Sowce Paul Malinowski, Executive Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Passage of motion to address the Council goal cf Housing. Previous actions include passage of Resolution No. 66, Series of 1995, authorizing an Option Agreement for the sale of 3400, 3410, 3420, 3424 and 3428 S . Sherman Street to the Englewood Housing Authority, passage of Resolution Nos. 84, 85 and 86, Series cf 1993, approving the City's purchase cf these properties and appropriation of General Funds and passage cf a motion on June 3, 1996, to extend the option agreement for six months. RECOMMENDED ACTION Approve Motion authorizing the sale of these properties to the Englewood Housing Authority . BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIFIED These properties were pwchased by the City for parking pwposes. Due to the elevation cf these properties, parking was fouid to be a, inappropriate use . These properties were identified as lRl8CNWY 1'881 ....._ holdings by the City in 1995. Council directed staff to sell or othefwise dispoN of thNe properties. Staff was directed to contact local medical organizations to ac:ertain their interNt and fou,d they ... not interested in developing the property . The Englfttood Housing Aulhority ..,.._ a, interest and requested an option on these parcels to allow them time to detalmine a final usage and hire an architectural firm . The Council agrNd to authorize ., Option Agreement with the Authority on November 6 , 1995 and extended that option ., additional six months on June 3, 1996. The Housing Authority utilized a process cf iruf\.iewing archit9cbnl firms through a Request for Qualifications. After two series d inlerviewl, the Aulhority 1111 cleid the firm of Hartronft . . I . . , . • .. and Associates from Louisville (Colorado). The firm wu aelected baled on qualificationl. They have met with the rsidentl of the aumulding neighbomood twice and the EHA Board on several occaaaionl. They have developed prelimiwy drawings that they will submit to the City of Englewood for subdivision l'9View and lite plan review . The Authority wishes to exerciae its option on the property by entel i.,g into • ..... co, lb act for the properties. FINANCIAL IMPACT The City will '9C8ive $112,500 in grou .... procNdl from the .... of the property. UST OF ATTACHMENTS •. ... I· ---------~-· • • • • • - BY AUTHORITY COUNCU. BIU. NO. 88 INTRODUCED BY COUNCU. IIBIIBBR HATHAWAY AN ORDINANCE ADOPl'ING THE BUDGET OP THE CITY OP ENGLEWOOD, COLORADO, FOR THE FISCAL YEAR 1197. WHERBAS, panuaat to tbe ........ al Part I al Article X altbe a.an., altbe City al Enpewuod. ~ ..... bytbe .... C1D .1aly 1.1111. a..._ lrtbe lacal ,_..1197 WU duly IUbmiUied by tbe City llanapr to tbe City CoaadJ CID A...-&., 1111; wl 11 b 1 WHERBAS, a public lleariDt CID tbe Nid lladaet wu Wd bytbe City Coaad1 widma *- __. afts ita eut-ieeim at tbe---, altbe City Cormcil CID Sa,t bar 1a, 1111, nplar DOtice altbe time wl ,._ al Nid bNriDc ...... .,_ puNilhed wit.biD .... ..,. ... eubmiwm altbe badallt iD tbe ...... Jll'ftided iD tbe Cllartm-far tbe pnNiratian al ordinance; -d WHERBAS, tbe City Coancil altbe City alBnalewood bu atadied tbe lluda9t CID D__. occuiona; and WHEREAS, it ii tbe iDtmt altbe City Caaaci1 to adapt tbe 1117 ballallt •-pd Wei; NOW, THEREFORB, BE IT ORDAINED BY TIIB CITY COUNCU. OP TIIB CITY OP ENGLEWOOD, COLORADO, AS POU.OWS: Sectiar 1. 'l1lat tbe badpt altbe City al ......... Calarado. ......... JW' 1117, • submitted bytbe City.._..., wl daly cmdf • bytbe at, o...dl .._,... llwiDc, be and benbyia ................. tbeCityal ................. ,...1197. Sectim 2. GBNDAL PUND RevenUN Salea/UN Tu Pnperty wl Spdlc Owmnbip Tu ~Tu LiceuelPwaita IDterpnnaamtal ...__ aa.ra--s.mc. Caltanl • a.nuian Piw • l'wMtuaw JMZWJDOIT • ','Ml,717 • . .. • Miscellaneous Total Revenues Expenditure. Lecislation ·, City Attorney's Office Municipal Court City llanapr's Office Adminiatrative Servic:ee Financial Service• Public Works Safety Services • • • Neipborhood & Buain-DeYelopmmt Library Service• Recreation Services Transfen Out Contincencie• Total Use of Funds Total Fund Balance, December 31, 1997 5ac:tiAD 3 DEBT SERVICE FUNDS PMPnnmitv Cntn: Bord DeN 8M:ria FMP4 Fund Balance, January 1, 1997 Revenues Eq,eadituna Fund Balance, Decmlber 31, 1997 fAYVII Q;,trid IA DeN 6Mricc Fund Fund Balance, January 1, 1997 Revenun Expenditures Fund Balance, December 31, 1997 t997BUDGET 6'75,D7 $23,509,359 157,861 539,731 &08,757 406,451 1,J8&,Ui9 857,409 Sf/i11~ 11,387.43' NS,08'7 lm,486 3,113,M3 • 14,000 • !ffi36f ·~ S 4,8.748 • 18,flM • 35,.IID . .... .... ema, Qieb:ict f34 PmcnSe D!etrkt ••• DeN 8mia ,_. Fund Balance, January 1, 1997 • l6,GII Revenues . .. 2 .. s I. • • • • 1997BUDGET Expenditures Fund Balance, December 31, 1997 Pmnr Di@ric;t -Eodumod Cornmcm1 Ii Indmtry r.w Qeht 8M:rice Fund Fund Balance, January 1, 1997 $ <122,023> Revenues Eq,enditurea Fund Balance, December 31, 1997 Plusmc BCD1ermeot Qiatrict tan IHt 8m:kw ,_, Fund Balance, January 1, 1997 Revenues Eq,enditurea Fund Balance December 31, 1997 Pana, Qiemc:t, PA Dek &laiw Fund Fund Balance, Januar, 1, 1917 Fund a.a-, 0.. rabar31, 1197 ReTenuea lliacellaneoua Eq,enditurea Fund Balance, 0-bar 31, 1997 PviM Qietrict 137 IW knc:a Fund Fund Balance, Januar, 1, 1117 Revenuea 3 • 4',(N8 • 1.-c> • <'19,174.> • d.1,3lllt> • ~ • 800 • <Zl.6'74.> • <357,500> • 3l,1GO • 1,111D $111111D> I • <18,1111> • 4,111 • 11111 • <14,275> • 1,CIOO • a,cna • a,cna .. I . • 0 '32xl • -~--~---:----- • • .. Fund Balance, December 31, 1997 Conn:ete Ba>lemment Jlietzic:t 1915 Fund Balance, January 1, 1997 Revenues Expenditures Fund Balance, December 31, 1996 51,ctjcm t, SPECIAL BEVENUE FUNDS o,,eenetim Tnaet f»nd Fund Balance, January 1, 1997 Revenues Expendituretl Fund Balance, December 31, 1997 eomm11nitv Qcxelopment Work Punt f»nd Fund Balance, January 1. 1997 Revenue• Expenditure• Fund Balance, December 31, 1997 DceAD fund Fund JlalaDce, January 1, 1997 ReYeDUN and Tranlfen In Fund Balance, December 31 , 1997 51,ctjoo l!t. CAPITAL PROJECI' FUNDS tnblis lmemement r»n4 Fund Balance, January 1, 1997 Revenuea Eqlelldiim-ud -...V- Fund JlalaDce, December 31 , 1117 19ft'Z RJIDOEI • 1,000 $ <147~ • 14,'100 • IIOO • <133,UO> • 163,818 $ 317,IIOO $ 31',CIOO $ 157,318 $ 181,734 • 2,000 • 50,000 • 133,734 • 132,809 . _., • 213,IIIM • H8,,'l32 • 4A71J1!4 $ 1,912,117 S l,915.111 . -- • . ... I· 0 '32xl • .,--------------:---:------ • • Captal J>mjec;ta fppd <FYCP> Fund Balance, January 1, 1997 Revenues Fund Balance, December 31, 1997 Sed;ioo 6 INTEBNAL SERVICE FUNDS Serrice om« Pgp4 Funcla Available, January 1, 1997 Revenuea ExpeDMB Fundll Available, December 31, 1997 Cagjtal Ero•jppaept Be!1tf'91Pfflrt PIQNl FuDdll Available, January 1, 1997 Revenuea EspeDM8 hDda Available, Decmnber 31, 1997 Revenu• FuDdll Available, Denmchr 31, 1997 BN Nene-=t M-1:nnnce fM4 hDda Affilable, Januar, 1, 1997 Eqi, '" ,._..AYllilallle,D1: .,_11,111'1 119'7 RJlDGET $1,liM,500 . ~ • IIM,819 • 808,681 • 195,388 $1,280,liM $1,112,3'8 • 38.'l,l!N • liM,.'M6 ·--.... • S88,TJ9 • 41,175 • 214JIIIO • a.-i ... ·--• 1Sl,t78 • M&,CM6 ·-- • . .. I • 0 • ·, • (. 1997BUDQET Ur:altb Sll(·IDIJltaDl:c Elmd Funds Available, January 1, 1997 • 822,610 Revenues • 2,479,D Expenses • 2,492,088 Funds Available, December 31, 1997 • 81»,'121 Sec;tim 1 ENTERPRISE FUNDS .. WtW Elmd Funds Available, January 1, 1997 • 4Sl,l86 Revenues $14,739.5" EKJie-• 12,070,483 Funds Available, December 31, 1997 • 3,lCJ0,217 ScwerfwMI Funds Available, January l, 1997 • 3',519,5315 Revenues • Ut11IJJI) Expenaes • ~137 Funds Available, December 31, 1997 • 15,319,227 Stnnn Dni111a Fund Funds Available, January l, 1917 • -.m Revenues • 1ll,IIIO E:q>eDBN • m,a Funds Available, December 31, 1917 • 141,a Gglf °'''" Fund Funds Available, January 1, 1997 • -.m Revenues • l,70l,IN E:q>eDBN • l,IOl,IOI Funds Available, December 31, 1917 • 1111,11111 I • fniw;t Build Pppd Funds Available, January l, 1917 S U'JU'1' Revenun • UIDJIDO 0 6 • • • • ·- Eiq,enaa Funds Available, December 31, 1997 Sec;tiop 8 FIDUCIARY FUNDS NAPfflPIEIIPliY PeoeiOD Fund Fund Balance, January 1, 1997 Revenues Eiq,enaa Fund Balance, December 31, 1997 Nire PenPOD Fwad Fund Balance, January 1, 1997 Revenue• Eiq,enaa Fund Balance, December 31, 1997 Fig Ppejgp Fund Fund Balance, January 1, 1998 Revenue• Eiq,enaa Fund Balance, 0.-bar 31, 1117 Vg)ppMI[ FkeftsM1n r-,;,,, ,,_. Fund Balanm, Jaaauy 1, 1117 Revenues Fund Balanm, Decanber 31, 1997 Nella Cea-TaM& FPa4 Fund Balanm, January l , 1117 Espeaw Fund BalaDoe, D1 a bar 11, 1117 7 1997BUDGET • 1,l!00,000 • J..19'l.97' $15, 108,.ffl • 1,279,388 • 710,053 $1~/146 • 7"86,P • 861,733 • 806,806 • 7,5'1,386 $11,193,lSO • .,,. • m.em S12,01'7,1112 • --• '1,- • .., • 57',177 • B,711 • 14,,000 I • • llOJIIIO • -.m • ·, ~. P,...b IP4 Bec;rqt,igp 'fruit Fund Fund Balance, January 1, 1997 Revenues Expenses Fund Balance, December 31, 1997 • • Smdel Aewemcnt Suq,lpa I; Ileftriena PnPd Fund Balance, January 1, 1997 Revenues hpemN and Tranafen Fund Balance, December 31, 1997 Sgtiqn 9 JOINT VENTURES 1997BUDQET • 1!8,017 • 14,100 • 5,11N • 87,128 • ~ • 11,131 • 11,3.11 • 6,:t/1 LJTfl,ITON(ENQLEWOOD WASTEWADB TQATIIENT PLANT JOINT YENTQllE Funda Available, January 1, 1997 S 115,874 Revenues ExpeDMI Funch Available, December 31, 1997 $25,118,8'2 $25,118,8'2 S 115,874 Sertior 10. 'lbat the Mid budaet u emmded wl ...... lball ... a palllic l9Clri ia the office of the City Clem and lhall be apm to public iDlpediGD. 8ufflc:imt eap6ea ....._, lhall be made available far the -af the City Comacil ad the public, tbe a...a-at eap6ea to be determiDed by tbe City M...,.... Introduced, read ia full, and ...... ca Int r--, CID tbe 4th clay af Ncwaaber, 1918. Publiabed U a Bill for an 0...--CID tbe 7tb clay af Pf-a., 1918. Read by title ud puNd CID final readiDt CID the 18th clay afN__., 1918. .. I· 0 • • • Publiabed by title u Orclinace No._, Seriel of 1996, on the 2:llt clay ofNcwember, 1996. ATTEST : 'lbomu J. Buru, lla:,w Loaaiabia A. Ellia, City Clerk 1. Loucriabia A. Bllia, City an o1111e CitJ ot l!'.ap,wood, Colorado, benbJ oatif)' tut tbe abcwe ad ,..., ia • tnae CDpJ ol tbe Onliaaace paued Oil bal reedbtc ad publiabed by title u Orc1iaaace No. _, Sariea ol 1996. 9 • . ,. ·, • • .. BY AUTHORITY OOUNCll. BILL NO. 8' INTRODUCED BY COUNCIL IIEIIBER HATHAWAY AN ORDINANCE APPROPRIATING MONIES FOR AIL IIUNICIPAL PURPOSES IN THE CITY OF ENGLEWOOD, COLORADO, IN THE FISCAL YEAR BEGINNING .JANUARY 1, 1997, AND ENDING DECEMBER 31, 1997, OONSTlTUTING WHAT IS TERMED THE ANNUAL APPROPRIATION BILL POR THE FISCAL YEAR 1997. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 11 b 1i Sectim 1. That there be wl tbere blnbJ ia appraprillt.ed ,,_ tbe --c1aminc tram tuatioD iD tbe City al ......... CGlmado. 6-call1ctiia al---.. md fnm all adla' aouiaa al revmue iDdudiq ••ailallle laad W-._.. tbe ,-r ..... nnm1 JanUU')' 1, 1997, wl endiDC Decmnber 31, 1117, tbe .......... I r-• llltb far tbe a1ieet wl purpoee specified wl Nt oppaait.e tblnto, aped8caDJ -failon: Legialation City Attorney'• Office Municipal Court City llanacer'• Office Admmiatrative Services Financial Semeea Public Work.a Safety ServiCH Neipborbood and Buainea O.V. Library ServiCH Recreati-Services Contin1ency Transfer• Total Gmeral Fund 9BMBUI rmm $ lBl,,851 B,731 lilll,75'7 40l,4&1 UM,U8 115'7,G 8fll:m. lUll'l,486 Na/1flll .,,. 1,111,143 1'11;1111& MW -.m.m OOIQ(Ulffl'Y QBNTII, ROND DPT IIBYWB nnm u:vnm Plffl.lCJ' ,aa DPT fPFBYJCI nnm . .... PAVING QUITRICJ' RWrmste DWrict 191 DIBT RBYJCB ftJND Total Pavinc District t3'ICcmcnit.e Debt Semce Fund • I ----------------------------.,---------------------------------- • • ·, • (, PAVING DISTRICT -ENGLEWQOD CQNNEBCI A INDUSTRY CQTQ DUI SEBYICE FUND Total Paving District -Eql-oocl Commerce & Industry Center Debt Service Fund CONCRETE REPUCENEN]' DIS'J'lllCT 1992 DQT SEBYJCE FUND Total Concrete Replacement District 1992 Debt Senice Fund • PAYJNO DJSTI.ICT f35 QIRT 88BYICE ,mm • i.- PAYJNO DJSTIICT RI QAT BIBYICI nnm Total Pavinc Diatrict 186 Debt 8erYice Fuad • 300 PAYJNO DJSTIICT f37 QIRT SEBYJCI PmQ> Total Paving District 137 Debt Service Fuad • 3,0'18 CONCRETE REPJ:6CR«IKJ' DISTRICT JW Dll'J' SBBYICE FUND CQNSIBYATJON DUSI FUND Total ComervatiOD Tnut Fund • ID) $ 314,000 CQIQIUNITY DIYl!-OPlflNT N-OCK QllM1T ,mm Total Community Developmmt Block Grant Fund • IO,DIIO Total Dooon Fuad PJZIYC 1NPB9YINPJ'I' ,mm $ l,tl6,ltl Total Capital Projeeta Fund 81BYICQ'l'II noo> Total SerriC.ter Fuad 2 .. • . ... I. 0 • • • Total Bult ..._,__t Self luunDcle Fund BE6I TB 8BI•-QISJJJWUZ rmm Total Health Self-Inaurance Fund WADI ,mm Total Water Fund Total Sewer Fund S'J'OBN DB6INA91 rmm Total Storm Drainap Fund QOII AQJIB88 ,:mm Total Golf Comae Fund PRQJICl' •JDLP DDIQ Total Project Build Faad MOJRNDGPICJ PPPPffll num Total Nooemerpney Pemioo Pud PQYCI PRPPOM ,:mm Total Police Pmaioo Fund nu f'INIPAM ,:mm Total Fin Pmaioo Pud $2,-- ·-- Y91.JIMTIII """QHTIII PPBJ9M ,:mm 3 I. • • • <. r MAI I RY CgNTQ. TRU8T FUND Total Malley Cent.er Trust Fund • 110,000 PARKS NW Blli8E6TJON DUST FUND Total Parka and Recreation Trust Fund • 5,11N Total Special Aarma,ent Smplua • Deftcimcy Frmd • 19,&'ll Total Litt1etoa/Bnpew WWTP Joint Venture FUDd 5oc;t:iqp 2 The fansoin, appropriatiGm rball be couidered to be apprapriatiam to poupe within a prosram or deputmmt within the fund indicated bat rball not be camtrued to be appropriated to line itema within ay poupe, -thoqb rach line~ may be .. forth u the adopted budpt for the 8-1 ,-r 1997. 9ec;tiqp 3. All moniN in the bancla of the DirectGr of Pinancial SerricN, or tow into the Direc:tor'r bands for the 8-1 ,-r 1997, may be applied CID the wntendiq claima -due or to become due in the raid 8-1 :,ear of 1997. 5oc;t:iqp , All unappropriated moniN that may came iDtlD tbe baDda altbe DirectGr of Financial Servicea darinr tbe ,-r 1997, may be IIO diatribated ._.. the naped:iwe f'1mda herein u the City Council may --beat --rach Cllllltrol -ia prowided by law. 9ec;tiqp 5. Durinc or at tbe dNe oftbe 8-1 ,-r of 1918, ay MDplu wy iD ay altbe nrpec:tive funda, after all daimr for 191811111iD11t the -baft be.a paid, may be diatributed to any other-fund or ftmda • tbe •• maa of the City CaaDcil. Introduced, read iD full, aad ....... tb'llt l'NdiDI • the «la day alNowaaber, 1918. Pubtiabecl u a Bill far an anm.-CID tbe 7tb day of Neu brr, 1918. Raad by title and parred OD bal raadias CID tbe 11th day ofN__., 1918. .. , ·~ . . ' • . I· 0 • • · ... • . . Pahliabed by title• OrdiDaDce No._, Serial oCllN, ma die 21at day oCN__., 11186. ATTEST: Loucriabia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk oldie City ot.....,_., CalandD, mnby certify tbat the above and ,........ ia a tr,a c,apJ oldie Or.u-,-.l ma tmal raadiar aad publiabed by title u OrdiDaDce No. _, SeriN oC 1116. 5 . ' .. I· 0 '32xl • OBDDWIC& NO. 62-- SIIIBS OF 1111 - <. BY AUTHORITY COUNCIL BIU NO. 62 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE FIXING THE TAX LEVY IN IIILI.S UPON EACH DOLLAR OF THE ASSESSED VALUATION OF ALL TAXABLE PROPERTY WITHIN THE CITY OF ENGLEWOOD, COLORADO, AND ESTABLISIUNG A IIILL LEVY FOR THE ENGLEWOOD DOWNTOWN DEVELOPMENT AUTHORITY. 11 b f11 WHEREAS, it ia the duty attbe City Council al the City alEnpewood. Colondo, under' the En,iewood Home Rule Charter and Colorado ReviNd Statut.N, to make the annual levy for City purpoees; and WHEREAS, the City Council baa duly cauidend the eltimat.ed valuation al all the tu.able property within the City and the neecla al the City and al each of uid leYiN and baa determined that the leviee u heninaftw Nt fonb, are proper and wiae; and WHEREAS, the followin, leviee are permitted under Article X, Section 20 oftbe Colorado Conatitution without a vote by the citiuna; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OP THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5ect,igp 1 . That there be and hereby ia lmed far the ,-r al 1998, due and payalile u required by lltatutea in the year 1997, a tu of 5.880 milJa CID the dollar far the Gmenl Fund at the City at Eqlewoocl, Colorado, and 1. 783 milJa CID the dollar far the Community Center Bond Fund Debt Service Fund al the City alED,lewood, Colondo. That the levy herein above let forth aball be levied 1lpOD Neb dollar al the --- valuation of all tu.able property within the corporate limita al the City al Bapewood, Colorado, and the Aid levy aball be certified by law. 5t¥;tiqp 2. That under the authority of the Colondo Reviaed StatutN and the Bapewood Home Rule Charter, there ia hereby lmed for the ,-r 1998, due and payable u nquind by law in 1997 a tu of 4 .397 milJa CID the dollar for the UN and bmeftt al the Baaiewood Downtown Development Authority. The levy herein above let forth aball be I.vied 11J10D Neb dollar al-. valuation al all tuable property within the Enclewood, Colorado, Downtown J>ftelapmmt Dimic:t, and the Aid levy aball be certifted u nquind by law. Introduced, rod in full, and pMNd CID ftnt l'Ndias CID the «h day alNONmber, 1118. .. I· , ---------------------------·-·------------------·------------- • ... · .. • <. Publiahed u a Bill for an OnliJumce CID the 7th day of November, 1996. Read by title and puled CID ftnal reading CID the 18th day af November, 1996. Published by title u Ordinance No. _, Seri• al 1996, on the 211t day af November, 1996. ATTEST: 'l1lamu J. Baru, Ila,- Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Cl.t of the City ofBqlewood, Colando, hereby certify that the above and foreavinl ia a true copy of the Ordinance paned CID ftnal reading and publiahed by title u Ordinance No. _, Seri• of 1996. •· 0 'a2 x l • • - <. 11 b iv BY AUTHORITY COUNCIL BILL NO. 53 INTRODUCED BY COUNCIL IIBIIBD HATHAWAY AN ORDINANCE AMENDING TITLE 18, CIIAPTBll 5, BY CJtBATING A NEW SBCTION 21, AND AIIBNDING T1TLI 18, CIIAP'l'Bll S. SBCl'ION 1. OP TBB ENGLEWOOD IIUNICIPAL CODB 1185 BN'lTl'LBD DISIGN S'l'ANDABnS AND GUIDELINES FOR LABOE RETAIL ESTABI JSBIRNTS. WHEREAS, tbe City alBDpwood ,._ a tatm. al clump ad cnn1911DitJ reuwal; md WHEREAS, tbia ordmance ...,.. to int:rocluce -nplatiaaa raprdin, clNip ltlDdarda and ,uicleliDal for lup tbrmat nail batfn 11; and WHEREAS, Tim propoal prcmdee tbe oppGltaaity 11D bri-, ~ ltaDdarda md ,uideliD• that will eaave that ~ allarp bmai fflllil bo•linn-flt with tbe upectatiam and Dttda al tbe -umtr, ad WHEREAS, tbe atandarda and pidelipee -....._ 11D-. clffek,pmct that CDDtribut.es to Eqlewoocl U a unique place bJ nlect:ias ita pb,aica1 cbancter and addinr to it in apprapriate waya; and WBEREAS, lup rew1 ~ dlpmd • llilb YiaibilitJ from ma,iar pablic ltrlN!ta; and WHEREAS, lup clotftlopmeDt dttip ...._. macb altbe c:banctiar and attrac:tmua al major ltrttt acaptt in tbe City; ad WHEREAS, marbdnf in-... alllUlllJ -pmatilma. ..a widl ._, input bJ proc...ianal dttipen, cu be potaatially ~ 11D -aaity aapiratiam and -al pi-wt-tb1J -1t in mwift indhidaal _...lnp:::nta tbat do rot c:amribut.e to or iniap'atil widl tbe City in a palitm-,; ad WHEREAS, tbtte ._._. aad ,aidelina nqair'l a bttic l..el of U'Cbitectural YaJWCJ, compatible Kale, pedtttria and bic,--. and mi1:ipl:im al a.ptive impacta; and WHEREAS, tbe ..-darda an no& mmdad 11D lbnit cnatmty, bat radNr an intended to _... u a 1IMllal t.ool tbr dttip pa C ·m,le ....,. in Pita apaci6: desip; md WHEREAS. tbtte ....,. IIDd pidalina apply m aD-.. pr..-, dl8t iDclude a rew1 _...iopmmt al 20,000 or man aqaan W •a~ ar witbiD a plannad llllit developmat witbout equal or mon ..,_t nm! dttip ........ and (UideliDH; -1- ..... • . .. I . 0 • 0 , • • NOW, THEREFORE. BE IT ORDAINED BY THE CITY COUNCll. OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tim 1 'nie City COWlcil of tbe City m EDpwoocl. Colorado hereby appruv31 ...,din, Title 1s. Chapter s. by creaanr • -s.ctiaD 215, m t1ia Eqlewoocl MUDic:ipal Code which lhall read u follcnn: ls.a.al: DESIGN STANDA111J8 AND G1JIIJELINBS 10llLABGB BBTAIL BSTABLl8IDIEN'l'& A . PUllPOSE THIS SECTION IS INTENDED TO SBT STANDAJU>S FOR RETAIL DEVELOPMENT WITH COIDIUNlff-WIDE OR REGIONAL IMPACTS TO ENSURE THAT THE PROPOSBD DEVELOPMENT FITS WITH THE EXPECTATIONS AND NEEDS OF THE COIOIUNlTY, AND TO ENCOURAGE RETAIL DEVELOPMENT THAT CONTRIBUTES TO ENGLEWOOD AS A UNIQUE PLACE BY UFLECTING AND ADDING APPROPRIATELY TO ITS PHYSICAL CHARACTER. THESE STANDARDS AND GUIDELINES UQUIBE A BASIC LEVEL OF ARCHITECTURAL VARIETY, COMPATIBLE SCALE, PEDESTRIAN AND BICYCLE ACCESS, AND MITIGATION OF NEGATIVE IMPACTS. THE STANDARDS ARE BY NO MEANS INTENDED TO LIMIT CREATIVITY; IT IS THE CITY'S HOPE THAT THEY WILL SERVE AS A USEFUL TOOL FOR DESIGN PROFESSIONALS ENGAGED IN SITE SPECIFIC DESIGN IN CONTEXT WITH SURROUNDING ENVIRONMENT. B . APPIJCATION AND PROCEDURE . THESE STANDARDS AND GUIDELINES APPLY TO ALL NEW PROJECTS THAT INCLUDE A RETAIL DEVELOPMENT OF 20,000 OR IIORE SQUARE FEET AS A USE- BY-RIGHT OR WITHIN A PLANNED UNIT DEVELOPMENT WITHOUT EQUAL OR MORE STRINGENT RETAIL DESIGN STANDARDS AND GUIDELINES . ALL REDEVELOPMENT Pll0.1BCTS OF 20,000 OR MORE SQUARE FEET SHALL USE THIS CHAPTD AS A GUIDELINE ONLY. 'STANDARDS' ARE MANDATORY . 'GUIDELINES' ARE NOT MANDATORY, BUT ARE PROVIDED IN ORDD TO EDUCATE PLANNERS, DESIGN CONSULTANTS, DEVELOPERS AND CITY STAYF ABOUT THE DESIGN OBJECTIVES DISCBIBED BDEIN. THE STANDARDS AND GUIDELINES ABE INTENDED TO BE USED AS A DESIGN AID BY DEVELOPERS PROPOSING LARGE RETAIL DEVELOPMENTS IN USE-BY-RIGHT ZONE DISTRICTS OR IN PLANNED UNIT DEVELOPMENT ZONE DISTRICTS THAT IIAY BE PROPOSING RETAIL DEVELOPMENT WITROUT APPROPRIATE DESIGN STANDARDS . THIS SECTION IS ALSO INTENDED TO BE USED AS AN EVALUATION TOOL BY THE CITY STAFF AND THE PLANNING AND ZONING COMMISSION IN THEIR REVIEW PROCESSES . THE PLANNING AND ZONING COIOIISSION IS EMPOWERED TO GRANT EXCEPTIONS TO THE MANDATORY STANDARDS UNDER THE FOLLOWING CIRCUMSTANCES : 1. THE STRICT APPLICATION or THE STANDARD WOULD RESULT IN PECULIAR AND EXCEPTIONAL PRACTICAL -2- I . 0 2. a. C. 1. • . .. • . . DIPl'ICULTIBS oa DCBP'l"IONAL AND mmos BA&DflBIP UPON' 1'IIB OWMD OP TlD An'&C'bW noPDTY; oa . TBB ALTDMA'l'lVS SID PLANHJN'G AND BtJILDIN'G Da1Glf APnOACII JaB'J.11 TBB Dl8IGN' O&;IC'dVIS AS STATBD IN' 'l'BI l'l'ARJWII), BQUALLY WBLL oa Di ID 'l'IIAN' wotJLD COIIPLIAN'CB W1TII 'l'BI 8TANIWU); AND IN' .ll'1ii&& OP TBB IODGOIN'G CDICtJM8'l'AMCIS, 1'IIB acu'l'IOMB IIAY D OJWft'D W1TIIOtJT SUBSTAlfflAL Dn'llllmlft' 'l'O TBB POBLIC GOOD. PACADSS AND DTDIO& W.ALLB: GtJJDSLINB: PACADIS IIIOUU) D Aa'l'ICULA'lD 'l'O DDUCS 'l'BI IWIIIVI: SCALB AND 'l'BI mmoDI. DIPBISON'AL APPUJWfCIS OP LAltOS D'1'AIL BmLDIN'08 AND P&OVIDB VISUAL INTDBST 'i'IL\T WILL D CONSISTBNT WlTII TBB COIDltJMIT!'S mDITITY, CBABACTD AND SCALB. TlD 114 l&h"l' 18 'l'O DfcotJMGS A IIIOU IIUIIAN SCALB THAT BN'GLBWOOD BBSIDDl'l'l!I . WILL BB ABLI TO mmmn W1TII TDDl COlllltJJfffl'. -3- . ' •. .. • 0 ; 1 32xl -----------------------,.,---------------------------,----, . , . • ------------·-. ---- • STANDARD: a . FACADES GUATD TIL\N '71 PDT IN LBNG'l'II,· MEASURED HORIZONTALLY, SBALL INCOBPOBATB WALL PLANE PRO.JBCTIONB OB BBCBSSBS HAVING A DEP'l'B OF AT I.BAST K OP TD LBNGTB OP 'l"BB FACADE AND nTBNI>ING AT L&AST 20 PDCBNT OP THE LENGTH OP TBB PACADB. NO b. UNINTDBUPTBD LBNGTB OP ANY FACADE SHALL EXCEED 75 HORIZONTAL PDT. GROUND FLOOR PACADBS TIIAT PACI: POBUC STJlDTS SHALL BAVB ABCADBS, DIBPLA.Y WINDOWS, ENTllY ABBAS, AWNINGS, OB OTBD · SUCH PL\rou& ALONG NO LBSS TIL\N 10 PDCBNT OP TBBill HORIZONTAL LBNGTB. ~, ____ _ ... ,,,_...., ______ _ ""'-...... -....------... --....... IDrlll'Y ................ - •. .. ., I • • .,---~------------------.....,.....- • 2. SIIAI I EB RETAIL STORBS: GUIDELINE: TBB PBIDNCB OF SIIALLD IBTAIL STOBES GlVBS A CBNTD A 'PBIBNDUD' APPBABANCB BY CBBATING VAJlJB'l'Y, PUKING UP LABGB DPANSBS, AND DPANDING TBB RANGE or TBB SlTB'S AC'ftVITIBS. WINDOWS AND WINDOW DISPLA'YB OP SUCH STOB.BS SHOULD BE USED TO CONTBIBUTB TO 'l'BI VISUAL INTBBBST OF D.TEBIOR PACADBS. 'l'BI STANDAJIDS PUSBNTED IN TBI8 SBC'ftON AU DIBBCTBD TOWARD THOSE SITUATIONS W1IDB ADDfflONAL, SIIAJ l EB ST01la, WITH SIPAIATB, U'l'DIOR CUSTOIIEll DffllANCES ABE LOCA'l'BD IN PRINCIPAL BUILDINGS. STANDAIU): WBDB PRINCIPAL BUILDINGS CONTAIN ADDfflONAL, SEPARATELY OWNED STODS WIIICH OCCUPY LESS THAN TWBN'lT THOUSAND (20,000) SQUAD PDT OF GROSS FLOOR AllEA, WITH SEPARATE, nTBBIOR CUSTOMER ENTRANCES : a . THE STREBT LBVBL FACADE OF SUCH STORES SHALL BB TRANSPABENT BBTWDN THE HEIGHT OF TBBBE PDT AND SIGHT PDT ABOVE THE WALKWAY GL\DB PORNO LBSS TIL\N 80 PERCENT OF THE HORIZONTAL LENGTH OF THE BUILDING FACADE OF SUCH ADDfflONAL STOBES . b. WINDOWS SHALL BB UCBSSBD OR BE Brl'BNDID AND SHOULD INCLUDE VISUALLY PROIIINBNT SILLS, BAD, OR OTBEB SUCH FORMS OP FLUIING. 3 . DETAIL FBATURBS: GUIDELINES : BUILDINGS SHOULD BA VE AJlCBl'l'ECTUllAL FEATURES AND PATl'DNS THAT PROVIDE VISUAL INTBBBST AT THE SCALE OF THE PBDBSTIIAN, REDUCE IIASSJVE ABSTBETIC Bn'ECTS, AND UCOGNIZE LOCAL CHARACTER. THE ELBIIENTS IN THE POU.OWING STANDAB.D SHOULD u INTBGL\L PAJlTS or THE BUILDING FABB.IC, AND NOT SUPIIIPICIALLY APPLIED TRIii OR GllAPBICS, OR PAINT. STANDARD: BUILDING FACADBS SHALL INCLUDE A UPEATING PATTEllN THAT SHALL INCLUDI ALL TBRD OP THE ELIDIENTS USTBD BELOW. AT LUST ONB or THESE BLEIIBNTS SHALL IIPIAT HORIZONTALLY. ALL ELIDIENTS SHALL IIPIAT AT INTBRVALS or NO YORE THAN THillTY 130) PDT, IITBD HORIZONTALLY OR VERTICALLY. a . COLOR CHANGE -5- .... I --~------------------~-.,--------------------------~ • • '· b . TEXTUU CHANGE c. IIATBBIAL MODULE CHANGE UPBBSSION OP ARCBlTBCTUBAL Oil STllUC'l'UllAL BAY TBJlOUGB A CHANGB IN PLANE NO LBSS TRAN 12 INCBBS IN wmTB. SUCH AS AN OPFSBT, llBVBAL, Oil PBO.JBCTING llIB. 9'-' \\d U"'G ....r,1•'' .:.~·-:·, structural bay layout Expnuim of ArcbilllCanl orSnc:anl Bay. ,. llOOPS: GUIDELDIE : VABL\'ffONB IN BOOP LD11:8 8IIOULD Bl UBm> TO ADD DffDBST TO, AMI> DDUCZ TBB IIAS8IVS SCALI or. LABGB Bt71LDINGS . aoor n&nma SBOOLD COIIPLDIENT TBB CIL\JlACTD or AD.JOINING NEIGBBOllBOODS. -6- . ' .. I. 0 • • STANDABD: aoon SHALL BAVB NO LESS THAN TWO OP TD POU.OWING PL\TtmBS: •• PAL\PBTS CONCULING PLAT aoon AND II001'1'0P BQUIPIIINT sues AS BVAC tJNl'1'S PROK POBLIC VDW. '1"ID AVDAGB BBIGBT OP sues PABAPB'l'S SHALL NOT a:CPD 11111, OP TIIB IIBIGBT OP TBB SUPPOrrING WALL AND SUCH PABAPB'l'S SIIALL NOT AT ANY POINT DCBSD ONB-TBIBD OP TD BBIGBT OP '1"ID StJl'POll'l'ING WALL. sues PilAPBTS 8IL\LL nATUU TIIBD DDIDIBIONAL COBNICI: TIIBA'l'IIDT. BVAC SQUJPIIBNT 8IL\LL BB CONCMl-BD PBOII POBUC VIBW THROUGH '1"ID tJ8B OP PAIIAPBTS oa OTIIBll SDIU:All SCDBNING DBVICl:S. BVAC SQUU'IIBNT SHALL BB PAINTBD TO BLEND WlTII TBB ROOP COLOR. b. OVDBANGING L\VBS, UTBNDING NO LBSS THAN 3 P'BET PAff Tm: SUPPOrl'ING WALLS. c. SU>PING BOOPS THAT DO NOT a:cDD TBB AVDAGB BBIGB'l' OP TBB SUPPORTING WALLS, WITH AN AVDAGB SLOPE GBBA'l'D !BAN oa aQUAL TO 1 l'OOT OP VD'ffCAL mB1 Paa SVDT a l'D'l' OP BOmzoNTAL lllJN AIU> UIS !BAN oa aQUAL TO 1 POOi' OP Vlll'IICAI. ... Poa SVDT 1 IOOT OP BOalZONTAL SUN. d. TDD oa IIOD IOOP SLOPS Pl.Alla. ..... -7- ............ ... ___ ,,.., .. ......... .. I· 0 ! 5. •i •• • • ·, • ... IIATBBJALS AND COLOBS: GUIDELINE: nTIBIOll BUILDING IIA'1'DIALS AND COLOBS COIO'BISB A SIGNIFICANT PAll'l' OP TBB VISUAL DIP.ACT OP A BUILDING. TBDD'OU, TIIBY SHOULD BE AB&iBBiiCALLY PLUSDIG AND COIIPATIBLB WlTB IIATBBIALS AND COLOBS 'ODD DI AD.JOINING NBIGBBOllHOODS. STANDARD: a. PBBDOIIINANT nTDJOR BUILDING IIATDW.8 SBW. D BIGB QUALITY IIA'l'DIALS. TIDSI INCLUDB. Wl'l'BOUT LDIITATION: (1.) DICX (2.) WOOD (3.) SANDSTONE (4.) fflJCCO (5.) OTBlll NATIVE STONE (I.) TINTBD, TnTUUD, CONCllETE IIASONllY UN1TS b. PACADS COLOBS SBW. BB LOW UPLBCTANCS, SUBTLB, NBtJTIW. OR UllTB 'l'ONE COLOIIS. TBB USB OP BIGB INftN8lTY COLOIS, IIBTALUC COLOBS, BLACIC OR PLUODIICSNT COLOIS IS PBOBIBl'l'm. c . IOOP IIATDL\LS BIIALL U OP BIGB QUALITY IIATIBW.S. TIDD INCLUDE WITBOUT LDIITATION: (1.) DTAL (2.) CONCllETE (3.) TILi: d. BUILDING TRIii AND ACCDIT ADAS MAY nATUU DIGBTD COLOIIS, INCLUDING PBDlilY COLOBS. •· PUDOIIINANT UTDIO& BUJU>ING IIATDL\LS SHALL NOT INCLUDE TBB POLLOWDIG: (1.) IIIOOTII-PACBD CONCUTS BLOClt (2.) TILT-UP CONCUTS PANELS (3 .) PD-P.ADICAftD ITDL PANBUI (4.) POtma> DI PLACE CONC3STS SNTRYWAYS : GUIDBLDIBS : Dl&iWAY DSIIGN BLDIDl'l"S AND VAJUA'ffONI IIIOUU> GIVE OIIDft'A'ffON AND ADIBl'iiCALLY PLIAIDIG CIIA&AC'l'D 'l'O TBB ·•- .. •• • . , . • BUILDING. THE STANDARDS IDENTIFY DESIRABLE ENTllYWAY DESIGN PEA.TUBES. STANDARD: . BACH PRINCIPAL BUILDING ON A SITE SHALL HAVE CLIWlLY DD'INED, HIGHLY VISIBLI: CUSTOIIEJl ENTBANCBS PEA.TUBING NO LBSS THAN TBllBB or THE POLLOWING: •. CANOPIBS OR POllTICOS b. OVBBBANGS c . IIBCBSSBSIPIU)JONS d. AllCADIS •. B.USBD CORMICSD PAL\PB'l'S OVER THE DOOR f. PEADD BOOP 1'0BMS ,. AllCBBS b . OUTDOOR PATIOS i. DISPLAY WINDOWS j . AllCBl'1'BCTUBA DETAILS SUCH AS TILE WORK AND MOLDINGS WHICH AJlE INTEGRATED INTO THI BUILDING STRUCTUU AND DESIGN t . INTEGRAL PLANTDS OB WING WALLS THAT INCORPORATE LANDSCAPED ADAS ANDIOR PLACES POB SITTING. WHDB ADDfflONAL STODS WILL BE LOCATBD IN TD PRINCIPAL BUILDING, BACH SUCH STOBB SHALL HAVE AT LEAST ONE nTDIOR CUS'l'OIID INTBANC&, WBICH SHALL CONl'OllM TO TD ABOVB BIQUIBIIONTS. 7. BAC1t AND SIDI PACADIS: GUIDELINE : ALL PACADJ:S or A BUILDING WHICH AJlE VISIBLE FllOII AD.JOINING PROPIIlTIES ANDt'OB PUBUC STBDTS SHOULD CONTaIBUTB TO TRI PL&ASING SCALI PEA.TUBES or THE BUILDING AND INCOUBAGI COIIMUNITY INTEGRATION BY PIATUBINO CRABACTDISTICS SDIILAJl TO TRI ftONT FACADE. STANDARD: ALL BUILDING PACADJ:S WHICH ill YIIIBLS ftOII ADJOINING PROPDTIII ANDt'OR PUBUC 8TRDT8 SHALL COIIPLY W1TB TD UQUIUIDNTI or FACADES AND IXTDIOR WALLS SECTION or 'l'lmlD DmON STANDAaDS AND GUIDELINBS. -9- I· • .. .. .. C .. • ~ .. 0 : . • D . SITE DESIGN AND RELATIONSlDP TO THE SURROUNDING COMMUNITY 1. ENTRANCES: GUIDELINE: LARGE RETAIL BUILDINGS SHOULD FEATURE MULTIPLE ENTRANCES. MULTIPLE BUILDING ENTRANCES REDUCE WALKING DISTANCES FROM CARS, FACllJTATE PEDESTRIAN AND BICYCLE ACCESS FROM PUBUC SIDEWALKS, AND PROVIDE CONVENIENCE WHERE CERTAIN ENTRANCES OFFER ACCESS TO INDIVIDUAL STORES, OR IDENTIFIED DEPARTMENTS OF A STORE . MULTIPLE ENTRANCES ALSO MITIGATE THE EFFECT OF THE UNBROKEN WALLS AND NEGLECTED AREAS THAT OFTEN CHARACTERIZE BUILDING FACADES THAT FACE BORDERING LAND USES . STANDARDS: ALL SIDES OF A PRINCIPAL BUILDING THAT DIRECTLY FACE AN ABUTI'ING PUBUC STREET SHALL FEATURE AT LEAST ONE CUSTOMER ENTRANCE. WHERE A PRINCIPAL BUILDING DIRECTLY FACES MORE THAN TWO ABUTI'ING PUBUC STREETS, THIS REQUIREMENT SHALL APPLY ONLY TO TWO SIDES OF THE BUILDING, INCLUDING THE SIDE OF THE BUILDING FACING THE PRIMARY STREET, AND ANOTHER SIDE OF THE BUILDING FACING A SECOND STREET . ··-· : r-::-:'.: . .. -· . . ,, ,. ; ;. l'U IL I C STIIII T Eumple of a drteiopmcDt wuh customer emrmces on all sides wmch face a public meet. -10 - • .. .. .. C .. • ... I • C • • . . • ,. - '· 2. PABXING LOT ORIENTATION : GUIDELINE : PAllKING ABEAS SHOULD PROVIDE SAFE, CONVENIENT, AND EFFICIENT ACCBSS. TBBY SHOULD BE DISTRIBUTED AROUND LARGE BUILDINGS IN OB.DD TO SHORTEN THE DISTANCE TO OTIIBJl BUILDINGS AND PUBLIC SIDEWALKS AND TO UDUCE THE OVBBALL SCALE OF THE PAVED SUB.FACE. IF BUILDINQS ABB LOCATED CLOSD TO STBDTS, THE SCALE OF THE COIIPLU IS REDUCED, PEDISTBIAN TBAPPIC IS ENCOUBAGED, AND AllCHITECTURAL DETAILS TAD ON ADDED IMPORTANCE. .. STANDARD : NO IIOBE THAN 70 PDCBNT or THE Off-8'l'BBBT PABKING AREA FOR THE INTIBI PIOPDTY SHALL BB LOCATED BB'IWEEN THE PRONT FACADE or TD PRINCIPAL BUILDING(S) AND THE PRDIAllY ABUTl'ING STllEET. 3 . BACK AND SIDES : GUIDELINE : THE BBAJl oa SIDES or BUILDINGS OFTEN PRESENT AN UNATTRACTIVE VIEW OF BLANK WALLS, LOADING AREAS, STORAGE ABEAS, BVAC UNITS, GABBAGE RECEPTACLES, AND OTIIBJl SUCH FBATUBBS. AllCHITECTUB.AL AND LANDSCAPING FEATUllES SHOULD lllTIGATE THESE DIPACTS. STANDARD : THE YINIIIUII SETBACK roa .ANY PllDIABY BUILDING FACADE SHALL D 'l'lllllff.ftVI: (31) FDT ftOII THE NEAllEST PBOPDTY LINB. SCBBENING WALLS MAY BB PLACED CLOSER TO TD STIDT SO LONG AS TBB FACADE IS IN COMPLIANCE WITH STANDARDS SBT PORTH WlTBIN THE FACADES AND nTDIOB WAI.J..S SECTION. WBEllE THE FACADE FACES ADJACENT USIDBMTIAL USBS oa PUBLIC STREET, AN EAllTBBN BDII, NO LBSS TRAN 3 FEET IN HEIGHT, CONTAINING AT A IIINDIUII, BVDGBDN TREES PLANTED AT INTDVALS or 20 FBBT ON CENTER oa IN CLUSTDS OR CLUMPS, SHALL BE PROVIDED. ,. OUTDOOR STORAGE, TllASB COLLICTION, AND LOADING AllEAS : GUIDELINE : LOADING ADAS AND OUTDOOR STORAGE ABBAS EDllT VISUAL AND NOISE IMPACTS ON SUUOUNDING NEIGHBORHOODS. TIIDB ABBAS, WHEN VISIBLE PROII ADJOINING PBOPBBTIIS ANDfOB PUBLIC S'l'llDTS, SHOULD BB SCDINBD, BBCasm oa ENCLOSBD . I WHILE SCREENS AND RBCBSU8 CAN KrnCTIVELY • lllTIGATE TIDSE IMPACTS, THI BLIC'nON or INAPPBOPIUATI SCBDMING IIATDIALS CAN DACBJlBATE THI PBOBLIII. APPIOPBIATJ: LOCATIONS POR LOADING AND OUTDOOR STOIWa ADAS INCLUDE -11- • .,-----------------------......----, . , . . ' • (. AB&\S BE'l'W&&N BUILDINGS, WHERE MORE THAN ONE BUILDING IS LOCATED ON A SITE AND SUCH BUILDINGS ABB NOT IIOBB THAN 40 PDT Al'Arr, OR ON THOSE SIDBS OP BUILDINGS THAT DO NOT HAVE CUSTOIID BNTRANCBS. STANDAJlI>: a. ABBAS POR OUTDOOR STORAGE, TRUCK PARKING, 'l'IWDI COLLEcrION OR COIIPACTION, LOADING, OR OTBEJl SUCH tJBBS SHALL NOT U VISIBLE ROIi ABU'M'ING STRUTS. .. b. NO ABBAS POR OUTDOOR STORAGE, TIWIB COLLSCl'ION OR COIIPACTION, LOADING, OR OTBD SOC& tJDS SHALL Bl: LOCATED 1ffl'BIN 20 PDT OF ANY PUBUC STBBBT, POBUC SIDl:WALE, OR INTDNAL Pl:DESTIUAN WAY. C . LOADING DOCKS, TRUCK PARKING, OUTDOOR STORAGE, UTILITY 111:TBBS, RV AC BQUIPIIENT, 'l'IWDI COLLBcrION, TRASH COIIPACTION, AND OTBEJl SERVICE FUNcrIONS SHALL BB INCORPORATED INTO TBB OVBBALL DBSIGN OF THE BUILDING AND TBB LANDSCAPING SO THAT TBB VISUAL AND ACOUSTIC IIIPACTS OF TBBSE FUNcrIONS AD FULLY CONTAINED AND our OF VIn no11 ADJACBMT PROPBIH'll:S AND PUBLIC STBDTS, AND NO Aft'Dl'ION IS A'1'l'L\Cl'SD TO TBB PUNC'ftONS BY THE USE OF SCBIBNING IIATDlALS THAT ABB I,l#riDNT nDII OR INPIIUOR TO THE PIINCIPAL IIATDlALS OF THE BUILDING AND LANDSCAPE. d. NON-INCLOSED ABBAS POR TBB STORAGE AND SALi OF ANY INVBNTOBY SHALL BB PDIIANBNTLY DIFINBD AND 9CB.DNED W1TII WALLS AND/OR PINCBS. IIATDJALS, COLOIS, AND DBSIGN OF SCBDNING WALLS AND/OR PINCBS AND TBB COVD SHALL CONFORM TO THOU ODD AS PDDOIIINANT IIATDlALS AND COLOIS ON TBB BUILDING. IF SUCH ABBAS AD TO BB COVDED, TDN TBB COVDING SHALL CONl'ORII TO THOU ODD AS PUDOIIINANT IIA'l'DL\LS AND COLOIS ON TBB 81JILDING . I • 5. PBDl:STBL\N FLOWS : GUIDBLINJ:: PSDISTBIAN ACCIMIBILm OPSN8 Atrl'O- OBll:NTBD DIVSLOPKl:NTI TO TRI NmGBJIODOOD, -12- • ,. . .. ·, • .. TmBBT DDUCING TRAPPIC DIPACTS AND ENABLING TBB DBftLOPIIBNT 'l'O PBOJBC'l' A PBIBNDLID, IIOBB INVl'l'ING DIAGB. TBIB SBC'nON Sl:TS POKTB STANDAB.DS roa PUBLIC SIDEWALKS AND INTDNAL Pll>BSTBIAN CIIICULATION ST8TDIS TBAT CAN PBOVIDB UDB- l'BIBNDLY PBDS8TIUAN Accas .AS WBLL ..AS PBDBSTIIIAN SAl'ffl', SIIBL'l'Bll, AND CONVBMIBNCB Wl'1'BIN TBB CBNTD Gaomms. STANDABD: •• SIDEWALKS AT LI.AST IIGBT (8) PDT IN WIDTB SIIALL D PROVIDII> ALONG ALL SIDa OP 'ID LOT 1BAT ABUT A PUBUC .. STBDT. b. CONTINUOtJB DITDNAL PBDa&TKIAN WAl.ltWA'!B, NO Lal TBAN SIGHT (8) PDT IN WID'l'II, SIIALL Bl PIOVIDII> PBOII TBB PUBUC SIDEWALK oa BIGBT-OP-WAY 'l'O 'ID PmMCIPAL ctJITOIID BNTIWfCB OF ALL PIIINCIPAL BtJILDIMGS ON 'ID srl'B. AT A IIINDltJII, WALDA'!B 8IIALL CONNECT POCAI. PODITS OF Pll>SSTBIAN ACTIVITY SOCB .AS, BOT NOT LDllTII> 'l'O, TB.ANSlT STOPS, 8TUIT CIOSSINOS, BUILDING AND ITOD llftTf POINTS. AND SHALL FBAroBB ADIOINJMG LAND8CAPII> AU.AS THAT INCUJDa 'l'UIS, SIIIWBS, DNCBBS, FIDWD DD8. G&OUND COVDS. OB OTBD 8t7CB IIATDIAL8 roa NO LaS TBAN nrrY (IO) PIICDIT OF D'S LBNGTII. c . SIDSWALD, NO Lal THAN 8 PDT IN WIDTB, 8IL\U. Bl PIOVIDII) ALONG TB FUU.. LBNO'l'B 01' 'ID BtJILDING ALONG ANY PACAJ>S PIATVmNG A ctJITOIID SNftANCI. AND ALONG ANY FACAJ>B ABt1l'l'DfG PUBUC PAUDfG AD.AS. IUCB SIDSWALD 8IL\U. Bl LOCATII) AT LS.AST SIX (I) nST PIOll 'l'BB l'ACAJ>S OP 'ID BtJILDING 'l'O PIOVIDS PLAlft'ING BIDS POB POUNDA.TION l.ANIJ8CAPING, UCBPT WIIID nATUal IUCB .AS AICADSS oa Dlft'YWA'!B AU P.A&T OP TB PACADS. d. DffDNAL Pll>IITI.IAN WAL&WA'!B PIOVIDII> IN COIIPOaMAMCS Wl'l'II PA&T <B> ABOVS IIL\LL PIOVJDS WKATIID I PIOTICTION nATmlll lUCII AS AWNDfOI • 01 .ucADa WffllDf t&Dtn <•> nn a, ALL ctJITOIID IN'nAlfCII. •• ALL DffDHAL nDanlAlf WALKWAD 8IL\U. .. Dll'l'INOOW&D ... DafflllO -13- • '32 • • • SOUACBS TBBOOGll 'l'IIB UBI: OP DUBABLB, LOW IIADITBNAMCS stJDACB IIATBJUALS SUCBAS PAVDS, BBICD. Oil SCOBBD COMCBB'l'B TO DOIAMCS PDBSTBIAN 8Al'BTr ARD COlll'OltT, AS WBLL ltS TBB A1'l'BACl'IVDB88 OP TD WALKWAYS. 8. CBNTllAL nA'ftJBBS ARD COllllt1NlTT SPACBS: GtJD>BLINB: BUILDDfGB SHOULD Ol'PD A1'TBACTlVB ARD INVl'l"DfG PBDBIITBIAN 8CALS J'&ATODS, SPACBS. AND .AIIBNlTIBS. D'1'IWICE ARD PABlmlG IDl'8 SHOtJU> BB CONl'IGUUD TO D PUMC'l'IOlfAL AND DIVlTING WITH W.ALltWAYS CONVmfllNTLY 'IUD TO LOGICAL DIIS'l'DL\TIOMS. BtJ8 STOPS AND DaOP-Off/PICE-UP POINTS SBOtJLD BB COlfBIDDBD AB IN'rmUL PAltTS OP 'l'BB CONl'IGUltATION. PBDanL\lf WAD IIIOtJLD D AMCBODD BY SPICIAL DBSIGM nATOD8 SUCH AB TOWDS, AICADBS, POlfflCOS, PDBSftlAN UGBT Pm'UBBS, BOu.ABDS, PLA!ffD WALLS, AMI> O'l'm AJlCBlTBCTtJB.A BLBIIBNTS THAT DBPIMI: ClltCtJLATIOM WAD AND OtJTDOOlt SPACE, DAIIPLBS OP OtJ'l'DOOll SP.ACE AD PLAZAS, PATIOS, COtJJlTYABDS, AND wumow SHOPPING ABBAS. TBB nATtJBBS AMI> SPACBS SHOULD DmAMCS 'l'BB BUILDDfG ARD 'l'IIB CBNTBI AS INTBGBAL PAltTS OP TD COlllltJNl'ff PABJUC.) -14- .. • . .. •• 0 • • i. • ... STANDAllD: BACH UTAIL Dsvm.c>PIIBNT stJBJBCl' TO TBBSE STAND.dDS SHALL CONTalBtJTB TO THE .. ISTABI IJIBIRNT OR DIIIAHcrmT OP COIOIUNITY AND PUBUC SPACBS BY PROVIDING AT I.BAST TWO OP THE POI.LOWING: PATIO/DA.TING AB.BA, PBDESTIUAN PLAZA WITH UNCBBS, ftANSPOrrATION CBNTBll, WINDOW SHOPPING WAI.DAY, OtJTDOOR PLAYGROUND AB.BA, KIOSl[ ADA, WA'l'D PBA.TOD, CLOCK TOWBR, OR OTRD SUCH DWI:DDA'l'SLY SBAnD ADA ANDt'OR A POCAI. PBATUU OR AIIINlff 'l'BAT, IN THI JUDGMENT OP THE PLANNING AND ZONING 00111118110N, ADBQUATSLY 8NIWfCBS SUCH COIIIIUNJ'lT AND PUBLIC SPACE. ANY SUCH ADAS SHALL BA.ft DIDCT .ACCm TO THI PUBLIC SIDIWALlt NBTWOU AND SUCII nAflJUS SHALL NOT BB CONBTIWC'l'BD OF IIATDIALS THAT AU INPIBIOR TO THI PRINCIPAL IIATDL\LS OP THI BUILDING AND LANDSCAPING. .15. .. I. . 0 1 a2xl • • ·~ • <. 7. DBLIVDY/LOADING OPDATIONB: GtJIDBUMB: Dm.IVDY AND LOADING OPDATIONB SHOULD NOT DDfflJU ADIOINING NBIGBBOBROODS, Oil OTBDtJIIBS. STANDilD: NO DID.IVDY, LOADING, TBASII BIDIOVAL Oil COIIPAC'ffON, Oil OTIID SUCH OPDATIONS SHALL BB PDM1T1'BD Di WW TD BOtJU or 10:00 P .K. AND 7:00 A.II. UNI.188 TBB APPLICANT stJBlllT8 BVIDBNCB THAT IOtJMD RABRIJDS B&iWW ALL ADAS roa SUCH OPDAflONB LHtiiVBLT DDUCS NOJa DIIISIONB 'l'O A LBVm. Ol' l"OK'IT-l'IVS (41) DB, .AS IIMSUDD AT TD LOT LD1B OP ANT ADilOININO PBOPDT'l. S de 3 ,,_ a&J CallllCil aftm a&J atW w:uod, Colando ._.., ......,._ -:tfrc 'fflla 11, Cuptilr I, SediaD 1, aftbt .......... Mnnicipel Code db tbt iDaatim af tbt &Uowmr deftnitime ill e)phshedcal ordr. COUICTOR STBBET SYSTDI: GJIOCDY S'l'OIIB : LABGE BETAIL BSTABLISJDDNT: RETAIL aTABLI8JDRNT <uo --• ...... >: -16- SHALL DAN A SYSTBII OF ONE (1) Oil llOU COUICTOll STUBT{S) THAT ALLOWS 'l'tifflC 'l'O BB DISTBIBUTBD 'l'O AT LUST TWO (2) A&'1"DW.. STI.DTS. 8IIALL IIIAlf A D'l'AJL DT.AJPNHPNWNT nNARD:Y SIU.ING P00D. Al WILL AS OTBD CONVDJDJCS AND BOtJallOLD oooaa, WIiie& O(X;()Plii A SPACS a, lfOT Lm "nWf l"OtJa 'l'BOOIWm <'-000) 8QUAU PDT AND MOT IIOU 'l'BAN 'fW&h'IT TBOUBAND (10,000) SQUAD PDT. 8IIALL IIIAlf A DTAIL aTOIJIIDRNT, oa ANY COIIRINA'ftON or UT.AIL aTOIJBBIIINT8 IN A IINGLI RtJILDING, OOCUP!DfG IIOBR TSAN l'W&h'IT TBOUSANJ> <ID.000) GIOl8 SQUAD PDT or n.ooa ABRA. 8IIALL IIIAN AN aTAaUIBIRMT IN WRICH ll1'1T <•> PDCDIT oa llOBR or TB1 GaOII n.ooa ADA 18 DSVVrm 'l'O TBI SALi oa ... •• 0 --------------------------.----cw • • • <. SUPB1lllAllDT : , . UNTAL OF GOODS oa NPCBANDID TO 'l'BB G8NDAL POBUC POil PDSONAL oa !IOOSBROLD OOll80IIPl'ION Oil TO SlmVICBS INCIDDTAL TO TD SALi: oa DNTAL OP SUCH GOODS oa NDCJLUfDID. SIIAU. IIMM A DTAJL ISTAB! DPDRNT PBINABU,Y SILLDfG JOOD. AS Wm.t. AS O'l'IID CONVSNIBNC& AND BOUIIBOLD GOODS. WBICB OWUHBS ASPACS OP NOT LIIIS TIIAM tw&Mff TBOt1&\ND, OD (ID.001) SQUAD PDT. Secttm 3-Stfer CJ•nw "n.. Cl&J Comici1, lllll'IIIJ bda. ----. .. d dad.-tlll& 1:bia OrdiuMe ii,.,. .................... polioe ..... ol .. Qty olBDpwood. .. it ia,.,........ far .............. -........ ol .. public, wl .. 1:bia Ordium:e ia ....., far .. ,._,._ al ..... d ufaty UMI far 1ba prClltildiGll al pablic CIID'NmlDCe wl ftllan. 111a City Ccnuu:il fmdm dltermiDa .... Ordium:e ban • ralimal nlaciaD tD ... Jll'IIPII' ~ object -,ht to be obtained Sedim f,. 8eurehjlity If DJ claw. 2 n, ,-apapb. • pat ol dlia OrdillaDce • t:bl appUattaa ~" -, ,... ar cia &&da:Ola mil tar aa:, l"NIGD • ad,jadpd bf a mt ol ma I n jw:il'llfda iaftlill. _. jwlplat lba1l 111111& a6c:t iapeir • IDftlidate .. re-±dcr ol lllil Ordillam ar ita aprlira!tloa to adlar PlftCIDI • ciae&zu1ml .. Secttm !5 Jnnr;-g Qnltnenw AD .._. 0ntten111 ar pan1w ..._, utCODli .... t _. ccmflictiq wida 1llia ~ ar aaJ ,.... ...., _.. Mlw:, rapealed to the at.at ol mch iD:md-c:, • ....met. Secttm , Iffert e< mml m: eedtflceMon '1'1111 npNI • aodlflcatioa ot aa:, prvriaiGD of the Code oltba Cit:, ol ........ .., .... Ordiaaoe IUll -......... utiquiab.. alt., modif:,, • c:baDa-ID _. • ID pan a:, ,-alt:,, l:wllitaae. or liabilit:,, mbar ci'lil .. c:riaiDa1, wllidl .......... ---..... lllcb proriaiaD. aDd wh piotlliaa lba1l •.....a_. lillW • 11181 neetntn1 ID tone far .. pmpa111 ol meteintn1 a:, IIDll Ill Plllllr---., ..., pra 111 flnp, aad prCINClltiCIDI far the el t olt:bl ,_.,, 1112 I a,• lllllity. • wll1 a tar .. par,-ol natetatn, .., -t, ............... -.. .., .. rmda9cl, mt.red,• .... ID mch ..._, ...... "' fl p, • pner t'an -17- .. I· • • ·, • .. e doz !IUl&:l· 'l'bll PmaltJ PN,iaicm atB.K.c. Sect:1m 1+1 lball appay to each IIDll .._, 'fialal:laD af tlda OrdtaaDl:e. J:m:rodacld. NIil iD fall. ad ...... tint .......... tbl 71:b-, af <ktialllr, 1916. Pablilblcl • a BID Ir m Ordlamm • 1llil lOlb daJ af <ktialllr, 1111. A Pablia JINriDlwa bald• tbl 6 daJ afNCl'fallllr, 1111. BNd bJtU:le ad...-•laal Nllllbls• tllil lltb-,af·N~.1118. PalllllbldbJtU:le•OH,r nNo.-S.-afllN,•tbl21a-,af Nou lllr, 1118. ATTBST: Louc:riabia A. Bllia, City Cln I, Laaailbia A. BDia, City On aftbl City at•I' vaad, Collndo, b1nbJ certif:, that ............... ii. tna aapf aftbl ~ ........ rwliDI wl pnhffelwl bJ til:le M 0a I' I No..-Saila af 1111. Lu I ti A.1111 -11· •· , • ORDINANCE NO. _ SERIES OF 1996 • - BY AUTHORITY COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER VORMITTAG AN ORDINANCE AMENDING TITLE 16, CHAPTERS 4 AND 8, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO THE REGULATION OF HOME DAY CARE FACILITIES IN THE R-1-A ZONE DISTRICT. WHEREAS, day care homes located in the R-1-A Zone District approached City Council requesting that the Zoning Ordinance be amended in some manner to allow home day care in the R-1-A Zone District; and WHEREAS, the Engl-ood City Council Reaolution No. 52, Series of 1996, established a policy to cease zoning enforcement for day care buaineBBeB in the R-1-A district that were licensed by the Stat.e of Colorado and operating prior to June 3, 1996; and WHEREAS, this limit to zoning enforcement ill effective from June 3, 1996 through October 21, 1996 and only applies to the prohibition of a day care buainees in the R-1-A and not to other provisions of the Englewood Municipal Code; and WHEREAS, City Council directed the Neighborhood and Buainees Development Staff to review the situation and prepare a recommended course of action; and WHEREAS, this Ordinance would permit bcmle day care u a Conditional Use in the R-1-A Zone District; and WHEREAS, these amendmenta are hued on the CU?Tellt Colorado Department of Human Services, Division of Child Care rulee regulating child care homes; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sec;tign 1. The City Council of the City of En(lewood, Colorado hereby approves amending Title 16, Chapter 4, Section 2, Preamble of the Englewood Municipal Code. 11-4-1: R-1-A, SINGLB-FAIIILY R_,.m«::B Dl8'l1UCI': Thia District i1 compoaed of certain quiet, low-denaity l'Nidential areu of the City. The regulation• for thil District are deaipecl 1D atabili&e and protect the eaaential characteri1tica of the Diatrict, EXCEPI' FOR CERTAIN CONDfflONAL USES WHICH ARE CONTROLLED BY SPIJClnC LIIIITATIONS GOVERNING THE SIZE AND EXTENT OF SUCH USES and 1D pnmiot.e and encourap a suitable environment for family life . To th-enda, development is limited 1D a relatively low concentration, and permitted uaee are limited basically 1D 1ingle-family dwellinp, educational inltitutillll8 and religiou1 inltitution1, plue certain public facilities, which serve the reeidenta of the District. -I - . . ...... • , ------------------------· • • • .... Sec;t.ion 2. The City Council of the City of Englewood, Colorado hereby approves amending Title 16, Chapter 4, Section 2, Paragraph 0, of the Englewood Municipal Code to read as follows: 18-4-2: R-1-A, SINGLE-FAMILY RESIDENCE DISTRICT: 0 . Conditional Use: Provided the public interest is fully protected and the following use is approved by the Commission: 1. FAMILY CIDLD CARE HOME OR INFANTffODDLER HOME . 2. Dependent care centers: Structures used as educational institutions, religious institutions or public facilities, existing at the time of the enactment of this Ordinance, may be converted for use as dependent care centers. Sec;t.igp 3. The City Council of the City m Englewood, Colorado hereby approves amending Title 16, Chapter 4, Section 3, Para,rapb II, Number 5, mthe Englewood Municipal Code to read u follOWB : M. Acceuory Buildings And Permitted Acceuory Uses: 5 . Home occupation: Occupati008 cuatomarily incidental to the principal use as a residence when conduct.eel in the same dwelling, provided that the following cooclitiooa are met: i. FAMILY CHILD CARE HOIIE OR INFANTfrODDLER HOME. !.. _,, _ hta! fir the -ef-te ,._ 0) llhiHr• -,,lllepe ..... Mahta! IIH.lltila Sectim ,. The City Council « the City « ....,._., c.o&ar.1o ._...,, approvea amending Title 16, Cbapter 4, Section 3, PancnPb N, NUlllber 1, m the Bnclewood Municipal Code to read u follawe: IM-a: R-1-11, 8INGLB-l"AIIILY Rl8ul&M, ... Wi~ N . Conditional u-: Provicled the public interest ia fully protected and the following WM! ia approved by the CommiNim: 1. LARGE CIDLD CARE HOIIE: GWA• -11111 ra . Br Pl ehil• -emter w ,_, he (ii .. -.tua 1181 tilt •· Awry play equipment ahall be locat.ed in ..... yard. Sectim s . The City Council m the City m ....,._., c.o&arado ._...,, approves amenclinc Title 16, Chapter,. Sec:tioo ,, Cbapur II. N....,_ 5, mtbe EDpewood Municipal Code to read u followa : M . Acceuory Buildings And Permitted ~ry u-: -2- ' " • • • •, • '· 5. Home occupation: Occupations customarily incidental to the principal use 88 a residence when conducted in the same dwelling, provided that the following conditions are met: i. FAMILY CHILD CARE HOME OR INFANTfrODDLER HOME. ,+. lie, ellPe hsme far .ite e11Pe flf 1111e M fam c.l ehilclfta me, l,e pe~ • a heme eeNplltli1111. Section 6. The City Council of the City of Englewood, Colorado hereby approves amending Title 16, Chapter 4, Section 4, Chapter N, Number 1, of the Englewood Municipal Code to read 88 follows : 18+4: ll-1-C, SINGLE-FAMILY BE&IDBNCB DISTRICI': N . Conditional UBeB : Provided the public interest is fully protected and the following use is approved by the Commission: 1. LARGE CHILD CARE HOME: Ghilll e11Pe eellteH. Smell ehilll eare -.. eeP\iBg &,e Uil ta llwehe (111 ehilllrea. Acceuory play equipment shall be located in the rear yard. Sgtigp 7. 1be City Council of the City of Englewood, Colorado hereby approves amending Title 16, Chapter 4, Section 5, Chapter N, NUJlll,m, 5, of the Eqlewood Municipal Code to read u follows: N . AcceBBOry Buildings And Permitted ,.__, u-: 5 . Home occupationa: Occupatiom cuatomuily incidental to the principal UN u a reeidence when ccmduc:ted in the -dwelling, provided that the foUawiac conditions are met: i . FAMILY CIDLD CARE HOME OR INFANTtrODDLER HOIIE. t. _,,_•••fer the -•-•"'-(ti llhil•• _,lie ......... • a heme --,.ti•. 5ec;tiqp 8 . 1be City Council of the City of Enclewood, Colondo hereby approvee amending Title 16, Chapter 4, Secticm 5, Chapter 0, Number 1, of the Bnp,wood Municipal Code to read u foUowa: 0 . Conditional Uae: Provided tbe public in.__ ia fully ....... and tbe followiq -are allllfO"ld by tbe CommiNion, ewpt far tbiae sr-p homea which are required by State atute, the foUowm, prcmaiou apply: 1. LARGE CHILD CARE HOME. 8 rll rllil• -_._ W'ffllS fwe {A l • ••ue (lill ehil•rea. Acceuory play equipment lhall be located in the rear yard. -3- • I· , • • ·, • <. $ection 9. The City Council of the City of Englewood, Colorado hereby approves amending Title 16, Chapter 4, Section 6 , Chapter M, Number 5 , of the Englewood Municipal Code to read 88 follows : 16+6: R-Z.C MEDIUM-DENSl'l'Y RE8IDENCE DIB'nllCT: M . Accessory Buildings And Permitted Accessory Uses: 5 . Home occupations: Occupations customarily incidental ID the principal use 88 a residence when conducted in the same dwelling, provided that the following conditions are met: i . FAMILY CHILD CARE HOME OR INFANTfroDDLER HOME. ,+,-, -heme fer the -eE 1111e .. fwr (4) ehilliNa ma, lie pel'IIMiell • • heme -w,a4i1111. Sectigp 10. The City Council of the City of Englewood, Colorado hereby approves amending Title 16, Chapter 4, Section 6, Chapter N, Number 1, of the Englewood Municipal Code to read 88 follows: 16+6: R-1-C MEDIUM-DENSl'l'Y BBBIDBNCB DIS'ftllCT: N . Conditional Uae : Provided the public interest is fully protected, the following uaes are approved by the Commiuion, ucept for thoee group homes which are required by State Statute, the following provisi0Jl8 shall apply : 1 . LARGE CHILD CARE HOME. S.eH ehilll W'e -• Nl'\iag fi...e (5) .. '-he (111) ehilllr1111 . Accessory play equipment shall be located in the rear yard. Sertim 11 . The City Council of the City al Englewood, Colorado hereby approves amending Title 16, Chapter 4, Section 8, Chapter 0, Number 7, of the Englewood Municipal Code to read as follon: 1~ &.a. BIGII-DBNIIITY RBIP'm Dl8'DIICT: 0. AccNMry Buildinp ADd ~tted ~ u-: 7 . Home occupation: Occupatiom cuat.omarily incidental ID the principal uae as a residence when conducted in the same dwelling, provided that the followinc conditiom are met: i . FAMILY CHILD CARE HOIIE OR INFANT!l'ODDLER HOIIE . .+,-, -hm I fir the -_,_ .. ,._ (e) ±iUr• -,11e,---.•••h••• 111,1ti1a Smim 12. The City Council al the City al £nclewood, Colorado hereby approvee ameodia, Title 16, Chapter 4, Section 9, Chapter II, Number 5, afthe Ea,lewuod Municipal Code to reed as follon : Dll'IIIICT: M . Acceuory Buildinp And ~tted ~ u-: .4 . .. I· ... . ,. ·, • ... 5. Home occupati0118 : Occupationa c:ustomarily incidental 1D the principal me u a reaidence when condw:ted in the same dwelling, prorided that the following conditiona are met: i. FAMILY CHILD CARE HOME OR INFANTffODDLER HOME. .t.-,, -heme fer the -ef -'8 fem (6) ehihlHB .., lie ............ .,_, .... Sectioo 1,3. The City Council of the City of Englewood, Colorado, hereby appnm,11 amending Title 16, Chapter 8, Section 1, of the Englewood Municipal Code with the inllertion of the following definitiona in alphabetical order: FAMILY CHILD CARE HOME: INPANTfl'ODDLBR HOIIE: -5- A CHILD CARE FACILITY THAT PROVIDES LBSS THAN 24-HOUR CARE FOR 2 OR IIORE CHILDREN ON A RBGULAll BASIS IN A PLACE OF RESIDENCE. CHILDREN IN CARE ARE FROII DIPPBBENT FAMILY HOUSEHOLDS AND ARE NOT RELATED TO THE CAB.EGIVD. CARE IIAY BE PROVIDED FOR 6 CHILDREN FROM BIRTH TO JI YEARS OP AGE WITH NO IIORB THAN 2 CHILDREN UNDBll 2 YEARS OP AGE. CARE ALSO IIAY BE PROVIDED FOR NO IIOB.E '111AT 2 ADDfflONAL CIIILDIIBN OP SCHOOL AGE ATTENDING PULL- DAY SCHOOL. 111:81DBNT8 OP THE HOIIE UNDBll J2 YEARS OP AGE WHO AD ON THE nBlfVIBI AND AU CHILDRBN ON THE PRDOSBS FOR SUPBllVISION AD COUN'TBD AGAINBT THE APPROVED CAPACITY. A CHILD CARE FACILITY THAT PROVIDES LBSS 'l1IAN 24-BOUR CARE Will FOR CBILDRBN WHO ARB BBiW&&N BlllTII AND 8 YB.All8 OLD IN A Pl.AC& OP RBSIDBNCB. TBS CAJmGIVl:R IIAY HAVE NO IIOD THAN 1 CHILD OR I08i'BR CHILD B&IWDN 8 AND I YUll8 OP AGE. IP 'l'HDB II 1 CAJmGIVBll, fllDB IIAY U A IIAXDIUII OP , CHILDREN, WiTII NO IIOB.E THAN 2 CHILDREN UNDD J2 .. • • '· LARGE cmLD CARE HOME: • ,. - MONTHS, INCLUDING THE CAREGIVER'$ OWN CHILDREN. IF THERE ARE 2 CAREGIVERS CARING FOR THE CHILDREN AT ALL TIMES WHEN CHILDREN ARE PRESENT, THERE MAY BEA MAXIMUM OF 6 CHILDREN BETWEEN BIRTH AND 3 YEARS OLD, AND NO MORE THAN 3 OF THOSE cmLDREN CAN BE BETWEEN BIRTH AND 1 YEAR OLD, INCLUDING THE CAREGIVER'$ OWN CHILDREN. A cmLD CARE FACILITY THAT PROVIDES CARE FOR 7 TO 12 cmLDREN WHO ARE NOT RELATED TO THE CAREGIVER IN A PLACE OF RESIDENCE. cmLD CARE MAY BE PROVIDED TO cmLDREN FROM 24 MONTHS TO 16 YEARS OF AGE. CARE MAY BE PROVIDED TO NO MORE THAN 2 cmLDREN UNDER 2 IF OLDER SIBLINGS ARE IN CARE . RESIDENTS OF THE HOME UNDER 12 YEARS OF AGE WHO ARE ON THE PREMISES AND ALL CmLDREN ON THE PREMISES FOR SUPERVISION ARE COUNTED AGAINST THE APPROVED CAPACITY . Sw;tiqp 1'. S,frty Cle!Peet '111e City Council, ba"eby finda, detenniw, and dec1arN .... tbia OrdiDaDee ia ~alpt.ed under die .-,al police power al die City al Enp,wood, dllt it ia ~alpt.ed far die IMalt.b, aalety, and welfare al die public, and dllt tbia OrdinaDce ia _,,. far die ~atian al maltb and ufety and for the protediaD al public -~ and welfare. 'l1le City co-cil further det.erminea dllt the Ordinance bean a raticmal relaticm to die proper legislative object -,ht to be olitained. 5ec;tigp 15 . Suerabjljty If any clauae, aenteoce, pullll'apb, or pmt of tbia Ordinance or the applicaticm tbaeof' to any .--er circumataneea lball for any reuon be acljudpd by a court al compet.ent juriadiction invalid, IIUCh jucl,ment 1hall not affect impair or invalidate the remainder al tbia Ordinance or ita application to other penom or circumatancea . 5ec;tigp 16 loameieteot Ordinancn All athar OnlineDCN or partiaaa thereof" inconai1tent or conftictinc with tbia Ordinance or any portion hereof are hereby repealed to the estent of 1ucb incanaiat.ency or c:onflict. -6- ' .. I. 0 • ·, • \. Section 17. Effm pf nme,al 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 purpmes of suataining any and all proper actions, suita, proc:eedinp, and prosecutions for the enforcement of the penalty, forfeiture, or liability, u well as for the purpoae of suataining any judgment, decree, or order which can or may be rendered, entered, or made in such actions, suita, proc:eedinp, or prosecutions. Sec;tioo 18. flultx. The Penalty Provision of E.M.C. Section l+l shall apply to each and every violation of this Ordinance. Sec;tim 19. A Family Child Care Home or Infanttrocldler Home that wu licensed by the State prior to June 3, 1996, shall be allowed to J'eliata' a aincle locatioll with the City and shall be allowed to operate at that location in the R-l·A. AIU'amily Child Care Hom• or Infanttrocldler Hom• muat obtain a conditional uae within ~ (2) years . Introduced, read in full, and passed on tint reading on the 7th day of'October, 1996. Publisbecl as a Bill for an Ordinance OD the 10th day of October, 1996. A Public Hearing wu held OD the 4th day of November, 1996. Amended, reintroduced, read in full, and pMNd OD the 18th day of November, 1986. Publisbecl u ammcled OD the 21at day ofN_._., 1996. ,,.__ J ......... ,... ATTEST: Loucriabia A. Ellis, City Clerk I, Loucriabia A. Ellis, City Ciak of the City of Bapwood, Colando, banbJ catify that the above and fontainl ia a tnae capJ of the ...... ~. NiDtrodllCld, rad in full, and puNd u .....W cm the lath day ofNowaaber, 1911. -7- .. •· t -~----------------------------:---~--~--:-- • • • • ORDINANCE NO~ SBIIIBSOIJal 0 /~ • ... BY AUTHORITY COUNCIL BILL NO. 54 INTRODUCED BY COUNCIL MEMBER VORMI'M'AG AN ORDINANCE AMENDING TITLE 16, CHAPI'ERS 4 AND 8, OF THE ENGLEWOOD MUNICIPAL CODE 1985 PERTAINING TO THE REGULATION OF HOME DAY CARE FACllJTIES IN THE R-1-A ZONE DISTRICf. WHEREAS, clay care homes locat.ecl in the R-1-A 1.one Dinrict approached City Council requeatina that the Zoning Ordinance be amended in 1rme manner to allow home day care in the R-1-A 1.one District; and WHEREAS, the Englewood City Council Relolution No. 52, Series of 1996, established a policy to cease zoning enforcement for clay care buain-in the R-1-A district that were licemecl by the State of Colorado and operating prior to June 3, 1996; and WHEREAS, tbia limit to zonin1 enforcement ia ell'eetive from June 3, 1996 tbroup October 21, 1996 and only appliea to the prohibition of a clay care buaineu in the R-1-A and not to other proviaiona of the En,lewoocl Municipal Code; and WHEREAS, City Council directed the Neipborbood and Buaineaa Development Staff to review the llituation and prepare a --ded coune of action; and WHEREAS, tbia OrdiDaDce would permit brme clay care u a CoaditiCJul Uae in the R-1-A 7.-Distric:t; and WHEREAS, tbw •mmdmmta are beNd cm tile c:arrmt Colando Dlputamt of Human Semc., Di'riaioa of Cbild Care rulN np1atiq child care ..._; NOW , THEUFORE, BE IT ORDAINED BY THE Cl'IT COUNCIL OF THE Cl'lT OF ENGLEWOOD, COLORADO, AS FOU.OWS: Sec1im l . TIie City Cormcil of the City of ........ Calando banby appl"O¥N UMDCfin, Title 16, Cbapta-,. 8ectioD 2, Pnamble of tile En,lewoocl llllllidpal Code. IM-a: R-1-A. BINGL&-PAIIILY PH•WMZ Dl8'DIICT: Thia Diatrict i11 composed of certain quiet. low-dnaity l'Niclmtial areu of die City. The rqulationa for tbia Diatrict are deaiped to lltabiliae and pr'IDCt die euential characteristics of die Diatrict, EXCEPI' FOR CERTAIN CONDfflONAL USES WHICH ARE CONTROLLED BY SPECIFIC LDIITATIONS GOVERNING THE SIZE AND EXTENT OF SUCH USES and to pramate and encourap a suitable environment for family life. To tbNe ends, clevelopmmt ia limited to a nlatively low concentraticm, and pllllliu.ed UNI U9 limited buically to 1in1le-family dwellinp, educational inetitutiona and nJisioua inetitutiona, plus certain public facilities , which serve the l'Niclmta of the Diaaiet . . .... -1- ..... 11 b V I • , ------. ... -------------~-----· • • • 0 , . • Section 2. The City Council of the City of Englewood, Colorado hereby approves amending Title 16, Chapter,, Section 2, Paragraph 0, of the Englewood Municipal Code to read 88 follows: IM-1: It.I-A, SINGLE-FAMILY RBSIDENCE DIBl'BJCI': 0. Conditional Uae: Provided the public interest is fully protected and the following use is approved by the Commisaion : 1. FAMILY CHILD CARE HOME OR INFANTfl'ODDLER HOME. 2 . Dependent care centers: Structures used 88 educational institutions, religious institutions or public facilities, uiBting at the time of the enactment of this Ordinance, may be converted for use u dependent care centen. Section 3. The City Council of the City of Englewood, Colorado hereby approves amending Title 16, Chapter,, Section 3, Parqraph M, Number 5, of the Englewood Municipal Code to read 88 follows: 18+3: R-1-8, SINGLE-FAMILY BE81DENCE DIBl'BJCI': M . Accessory Buildings And Permitted Acceuory u-: 5 . Home occupation : Occupations customarily incidental to the principal use u a residence when conduc:ted in the same dwelling, provided that the following conditions are met: i . FAMILY CHILD CARE HOME OR INFANTfl'ODDLER HOME . fl-, ......... ,_ tile ---ti,._ (6) llllilllHll _, lie,. ..... Ma ..... I I p ltila. S@ctigp ,. The City Council of the City of Enpwood. Colondo hereby approvee amending Title 16, Chapt.er ,, Section 3, Para,rapb N, Number 1, oftbe EDpewood Municipal Code to read u follow,: N . Conditional u-: Provided the public inter.t i1 fully prot.ac:t.ed and the following uee is appnwed by the Commiuion: 1. LARGE CHILD CARE HOME: 8hil• -_ ..... 8•1111 lllilll -, .... , -siat he (I) ti "'el" (111) rhitll ... Accew,ry play equipment eball be located in rear yard . S@ctigp 5. The City Council of the City of Eqlewood, Colondo hereby approv• amending Title 16, Chapter ,, Section ,, Chapter II, Number 5, of the Eqlewood Municipal Code to read u follcnn: I~: R-1.C, SINGLB-FAIIILY IIB8IDDfCB D111'11UCT: M . Acceaeory Buildinp And Permitted AccNMrY u-: -2- ' . . .... ., I • • • - 5. Home occupation: Occupations customarily incidental to the principal WM! u a residence when conducted in the same dwelling, provided that the following conditions are met: i. FAMILY CHILD CARE HOME OR INFANTfl'ODDLER HOME. _t,. _,. woe heme fer the woe efeee .. fem (4) lhil••-, N,...... • a heme eee.,atiee. Sec;tigp 8. 'l'be City Council of the City of En,lewood, Colorado hereby approvee amendinc Title 16, Chapter 4, SectiaD 4, Chapter N, Number 1, of the Eql-ood Municipal Code to read u follon: 18-4-4: a.1..c, 8JNGLB.FAIIILY BB81DENCE DISTRICT: N . Cooclitioaal UNS: Provided the public inter.t ii fully proteet.ed and the following WM! ii approved by the CommiMiao: 1. LARGE ClULD CARE HOME: am• woe __. •. Pr II lhil• eM"e NBW-NP\iaf &,e (i) ta ..,,he (111) ehil*ea. ~ play equipment ahall be located in the rear yard . Sectiqn 7. The City Council of the City ofEnal~. Colorado hereby approvee amending Title 16, Chapter 4, Section 5, Chapter N, Number 5, oftbe Eql-ood Municipal Code to read u follOW11 : 16-4-5: a.1 MEDIUM-DEN81TY 11B81DENCE DIBTBICI': N. Acceuory Buildinp And Permitted Acceaory u-: 5 . Home occupatiom: Occupatiou cuatomarily incidental to the principal uee u a residence wt-caoducted in the ume dwellin1, provided that the followm, ccmditiou are met: i. FAMILY CHILD CARE HOIIE OR INFANTfl'ODDLER HOIIE. 6..,.wsah,., .......... _ ...... m+n • .., ................... , .. ;. .. Sectieo 8. 'l'be City Council attbe City at BDpiwaod. Calando b1nbJ .... Of. amendins Title UJ, Chapter 4, Sec:tiao 5, Chapter 0, N1llllller 1, attbe .,.__. Municipal Code to read u follOWII: lM-& a.a 11BDRJII.DDl8l'ff IIBIIIDBNCB D18'1111CT: 0 . Conditional UN: Provided the public intanet ii fully p.-.....1 and the followm, -are approved by tbe CommiuiOD, ampt far *-poup homee which are required by State ltatutia, the fDllowms pl'Ofiaicma apply: l . LARGE ClULD CARE HOIIE. I Pl 1WH wsa ..... NfflDI he (il .. hlalue (llll 1hil*••-AccNaor)' _., ....--t abaU ba located in the rear yard. Sec;tim 9 . 'lbe City Council attbe City at........, Calando banby ......,._ amendins Title 16, Chapter 4, Sectiaa 8, Chapter II, Number 5, at the ...... ood Municipal Code to read u follOWII : -3- ' • I. I • • ·, • ~. 16+6: R-1-C MEDIUII-DENBITY BBSIDENCE DJSTRICf: M . Accessory Buildinp And Permitted Acceuory U1e1 : 5. Home occupations: Occupatiom cuatomarily incidental to the principal me u a reaidence when CODduc:ted in 1be same dwelling, provided that the following conditiom are met: i. FAMILY CHILD CARE HOME OR INFANTfl'ODDLER HOME. 1.11a,-h-eferthe-elw•flNr(•l ehil.._-, 1,e ~•a hams 9N1lp&tliaa. Section 10. The City Council of the City of Englewood, Colorado hereby approves amending Title 16, Chapter 4, Section 6, Chapter N, Number 1, of the Englewood Municipal Code to read u follows: 16+6: R-1-C MEDIUII-DENBITY BB8IDENCE DJSTRICf: N. Conditional Use: Provided the public interest is fully protected, the following W1e11 are approved by the Commiuion, acept for those group homes which are required by State Statute, the following proviaiOD8 llhall apply: 1. LARGE CHILD CARE HOME. Small ellilli -e _.., NP1illl fi,e (5) • ..._..e (18) ehillir•. ,._, play equipment ahall be located in the rear yard. S@ctim 11 . The City Council of the City al Englewoocl. Colorado hereby approves amending Title 16, Chapter 4, Section 8, Chapter 0, Number 7, olthe Enpewoocl Municipal Code to read u follows : 11+8: 114, BIGJI.DDBTY IIBIIDBNCB Dlll'l'IIICT: 0 . Acceaaory Buildinp And Psmitted Acceuory u-: 7. Home occupation: Occupations cuatomarily incidental to 1be principal me u a naidence when CODducted in 1be same dwelling, provided that the following conditiom are met: i . FAMILY CHILD CARE HOME OR INFANTfrODDLER HOME. & -, -• 111-1 fw the -sf .. •,._(') h'I# • _, -~•ah1a1111 ,.-. S@ctim 12. The City Council of the City of Enpewoocl, Colorado --, appl"OWM amending Title 16, Chapter 4, Sec:tion 9, Chapter M, Number 5, olthe BDpwood Municipal Code to read u follows: M . AcceHory Buildinp And Permitted Acceuory UNB : .4 . .. I . 0 ~------------------------,·-------------------------·----, • . ~ • '· 5. Home occupatiOIUI: OccupatiOIUI cunomarily incidental 1D the principal -u a relidence when conducted in the Ame dwelling, prorided that the fullowint CDDditiom are met: i . FAIIILY CHILD CARE HOME OR INFANTfl'ODDLER HOME. •• • ..,. ............. ., _ .. ,._ u~ ehil.Hll -,i.....-....•alli1a1111 ,rti- FAMILY CIDLD CARE HOME: INFANTtroDDLBR HOME : -5- A CHILD CARE FACILITY THAT PROVIDES LBS8 THAN M-HOUR CARE FOR 2 OR IIORE CIULDREN ON A REGULAR BASIS IN A PLACE OF RESIDENCE. CHILDREN IN CARE ARE PllOII DIFPBRENT FAIIILY ROUBBHOLDS AND AllE NOT RELATED TO THE CAREGIVER. CARE IIAY BE PROVIDBD FOR 8 CIULDUN PROII BIRTH TO JS YEABS OP AGE WITH NO IIORE THAN 2 CHILDREN UNDD 2 YEARS OP AGE. CARE ALSO IIAY BE PROVIDBD FOR NO IIORE nlAT 2 ADDfflONAL CHILDREN OP SCROOL AGE ATTENDING PULL- DAY SCHOOL RESIDBNTS OP TIIB ROIIE UNDD 12 YEARS OP AGE WHO ARE ON TRB PVIIJ8BI AND ALL CIULDUN ON TIIB PRD«J8BS FOR 8UJISllVIIIION ARE COUNTED ACWNBT 'l'BB APPROVED CAPACITY. A CHILD CAD FACILITY THAT PIIOVIDD UBI THAN M-HOUR CAD mu.I FOR CIULDUN WHO AD 8&1WDN BIRTII AND I BAll8 OLD IN A PLACB OP DIIDSNCB. TIIB CAllBGIVl:R IIAY RAVE NO IIOU THAN 1 CRILD OR P08TBll CHILD B&IWDN I AND 8 YEABS OP Ma. IP 'l'IISU 18 1 CAB.SGIVl:ll, THDS IIAY U A IIADIIUII OP, CIIILDDN, WITR NC, IIOU TRAN I CIIILDUN UNDD 12 IION'i'll8, INCLUDING TRB • I I· 0 1 32xl ----------------------.---,,.-------------~---------------- • LARGE CIDLD CARE HOME: 0 • CAREGIVER'S OWN CHILDREN . IF THERE ARE 2 CAREGIVERS CARING FOR THE ClULDREN AT ALL TIMES WHEN CHILDREN ARE PRESENT, THERE MAY BE A MAXIMUM OF 6 CIDLDREN BETWEEN BIRTH AND 3 YEARS OLD, AND NO MORE THAN 3 OF THOSE CmLDREN CAN BE BETWEEN BIRTH AND 1 YEAR OLD, INCLUDING THE CAREGIVER'S OWN CIULDREN. A ClilLD CARE FACWTY THAT PROVIDES CARE FOR 7 TO 12 CIDLDREN WHO ARE NOT RELATED TO THE CAREGIVER IN A PLACE OF RESIDENCE. CIDLD CARE MAY BE PROVIDED TO CmLDREN FROM 24 MONTHS TO 16 YEARS OF AGE. CARE MAY BE PROVIDED TO NO MORE THAN 2 CmLDREN UNDER 2 IF OLDER SIBLINGS ARE IN CARE. RESIDENTS OF THE HOME UNDER 12 YEARS OF AGE WHO ARE ON THE PREMISES AND ALL CIDLDREN ON THE PREMISES FOR SUPERVISION ARE COUNTED AGAINST THE APPROVED CAPACITY. Section u. Safety Clauaea The City Council, hereby finda, determinea, and declare• that thia Ordinance ia promulgated under the general police power of the City of Englewood, that it ia promulgated for the health, aafety, and welfare at the public, and that thia Ordinance ia n-ary for the preaervation of health and aafety and for the protectioo of public convenience and welfare. The City Council further determinea that the Ordinance bean a ratiooal relation to the proper legislative object aoucht to be obtained. StK:ti11> 15 . &cvcrahjljty If any clauae, NDteoce, parqrapb, er part of thia Ordinance or the application thereof to any peraoo er circumatancn aba1l for any reuon be adjudged by a court at competmt juriadiction invalid, aucb judpient ahall not affect impair or invalidate the remainder at thia Ordinance er ita application to other penona or circ:umatancea. Set;tiop 16 I0COP•i1MPt Ordjpap,:11 All otbs Ordinance. er portiona thereof inconaiatent or conftictinc with thia Ordinance er any portioo hereof are hereby repealed to the enent of aucb incooaiatency or conflict. -6- I . 0 • . , . • <. Sgtigp U-Eflid r( m=I Ar amUflGt&iAP 'l1le repeal ar modification al any pn,Yiaion al the Code al tbe City al.,.__. by tbia Ordinance lball not rel-, utinluiab, alter, modify, ar cbanp iD whole ar ill pat u.y penalty, farfeitun, or liability, lither civil ar c:rimiaal, wbicb lball baff bem iDc:arnd UDder nch provision, and each proriaiaD lball be trNtiecl ad beld u atill remainins ill force for tbe pmpDNe al nat.aiDiDc any ad all prapar acticma, suita, proceedinp, and prwutiom far tbe _,__t altbe pmalty, laliritwe, ar liability,• well u far tbe purpme al nataiain, any jadsaat, decrN, ar order wbicb can ar may be rendered, mtered, ar made ill IUcb adiau, IUita, procwillp, ar proaec:utiona. Semm 19. Eaalu-'!be Pmalty Pr«maion al E.11.C . Sectian 1+1 lball apply to each and every violatiOD of dlia Ordiaaam. Introduced, read ill fllll, ad peaNd Oil Int nediDc CID tbe 7t;b day al October, 1988. Publilbed u a Bill far an OntiDance CID tbe lOlh day al Octllber, UIN. A Public ffearinc WU beld CID tbe 4th day alNcmmber, UIN. Beed by title and pa-' on laal readiDc on tbe 18th day alNcmmber, 1988. Publiabecl by title aa Ordinance No. _. Seriea al 1988, CID tbe 21st day al November, 1996. ATTEST: Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City a.It altbe City al ........ Calando, _..,, certify that tbe abaft ad fcnsoial ia a true CDpJ altbe OnliDaee peaNd CID IDal readinc and publiabed by title M OrdiDaam No. _. S... al 1988. -7- •. .. • I· • ·, • MEMORANDUM TO: FROM: DATE: REGARDING: Pwcedw to Ammd C.B. 5', Seriea of 1996. • The c:mnnt Bill may be amended 2 9 7 9 • rather than having each of the clay care operatiou that were doing bmiDaa prior to the ~utiGD that CNlllld ·IIOIUDI eaforcement from aom, tbroup a CGDditiGaal me i-riDf by imerting the following lucuare: Sectim up. A Family Child Care Bcae or lafaDt/l'oddler Home that WM li--s by the State prior to J,-3, J.1188, aball be allowed to reipater a liDlle locatioa with the PitJ ad abaU be alJawed to operate at that locatiGD in the ltat-+-IL:c •• a ::,baalicz tali plici iilm to iwaaay 1, YNIII' ~ .~ • 'lbel d 2 75 may atam clay care prmden 12:rikiq Sedim 2 at tbe Bill. by imeniq the -·--1:bl • The c:urrmt NJDdttima2 w can be cbaa,ad to aal•••·•••• I 1111 5 5$ bJ iDwtiDc the nptratim pivfiaiaaa abaft, *i1dDr SeetiaEl 2 ol tbe Bill and replacia, it with tbe tbUowiq lampap: Sectim 2. Tbe City Council attbe City at ........ Colmado....,,, ZW:u+W aeenctins ffile 11, ~ 4, SeetiaEl 2, Pa.4rapb II, bJ llllldiac a...., Namber 5, at tbe BElpiwaod IIUDicipal Code to nad • fallon: 16-4-2: R-1-A. SINGLB-FAIIILY llBSIDBNCB DIBl'BICI': 15. BOMB OCCUPATION: OCCUPATIONS CUSTOIIAIULY INCIDENTAL TO THB PRINCIPAL U8B AS A USIDDCB WIIBN CONDUCl'ED IN THB 8AIIB DWBLLING, PROVIDED THAT THB FOLLOWING CONDfflONS AllB 111:T: a . PAIIILY CJULD CAllB BOMB OR INPANTll'ODDLD BOMB. CC : Doa, Clark Bab8impam Harald Sti&t DB/nf .. • 0 • 0 I • • ... I· 0 • • ' I 2 November a, 1996 Dear Mayor Burns, The essence of a strong city is a strong community . However , a community is only as strong and productive as its members . Therefore, efforts by the goveming body should be aimed at dev•loping and attracting productiff and r"J)ODSibM IIMlllber's . As a parent and ~ I bav• reamed that th• families and schools in a community are its bade.bone . Ev«y oounat member should constantty be asking tllemstlves bow can we help our sellools best wrve our community and bow can wt Mlp families partidpat.e and contribute in our community . Presently, you have the opportunity to do families in this community a tr.men<Sous SKVice . Changing the current zoning. Which prohibits all home based businesse5, to allow Child care homes would not only encourage young fami!Ms to liv. in Engl•wood but it would encourage professionals with families to SMt emptoym.nt in the community. Very few young families meet tbw livtng •lq>8099S on one salary. Th«.tore, both pareots must wort and in turn must seek child care for young cb1ldren . Anyone Wlth young children will tell you tbat a licensed, in-home. child care Situation is strongly preferred over a large, commercial, group day care . An in-home day care is essentially an extension of the family . The home and the neighborhood provide a true family 9Mting and, at a young age the 9en9t of community is iDstilled in children . Allowmg small, in-home day cares to emst m Englewood will provide young families with a reason to live, 'WIOrt, and productively contribute in the community . Pl.ase tbint carefully wti.n deciding how this decision Will impact Englewood fUllilMs and employees in the community . .. I· , • \ . ·' • Englewood City Counsel 3400 S. Elati Street Englewood , CO 80110 Dear Counsel Member : . , . • November 12, 1996 . __ ,.__... I thank you for the time you have devoted to learning about State Licensed Day Care Homes . Changing the wording in the zoning to comply with the State Regulations is a great improvement . I am sure that many State licensed providers in Englewood appreciate your granting them the right to have numbers of children equal to their license capacity . But, I have many reservations about conditional use in the R-1-A zones . I strongly oppose Conditional Use . I . Conditions that hinder or prohibit the existence of Licensed Child Care Homes will encourage the growth of unlicensed homes . It is well know among those of us in the business that no less than one unlicensed home exists for every licensed one . Unlicensed homes have a reputation for being unsafe and overcrowded . 2. Residents in the R-1-A zones are uninformed as to what a licensed home is and how it is run . This is evidenced in the letters of opposition they submitted . To allow them to determine the continuation or the creation of a licensed home could be fatal . Trying to inform the public-at-large on an issue is very difficult, as you well know . 3. The requirements for conditional use cannot be met prior to purchasing a home . This could prevent licensed providers from purchasing a home in the area . I say !.mild because many Realtors do not give the details ofR-1-A zoning to the buyer . 4 . These conditions are not imposed on other residents of Englewood and are unfair and discriminatory. 5. There is no method of enforcement for restrictive zoning other than to pit one neighbor against another in tattle-tell warfare . The time of our police officers is better spent on real criminals . The need for child care in all parts of Englewood is growing. Presently more mothers are working than ever before in history . By the year 2005 approximately 809/e of all mothers will be working . The siz.e of a residents lot and home do not diminish the need for quality child care . I find it very hard to believe that the parents and teachers who live and work in R-1-A do not care about the quality of Child Care available to them . Licensed Child Care has been present in the R-1-A zones for over 20 years . If deterioration of the neighborhoods and home values is the expected result, then don't you suppose it would have already happened . It has not . The compatibility of Child Care with residential living was best stated by Artie M. Grisby , Zoning Chairperson . I enclose a copy ofa letter she wrote to you a year ago . Please reread this letter. Licensed Home Child Care is a necessary community service and should be available to everyone egyally throuah the city . ' .. I . ' ( ( ·l • I I ·' • • (' I ult you to please grant an exception to Licensed Day Care in the R-1-A zoned areas. Children are our most precious resource and protecting them is our significant responsibility . Licensed Child Care in place of unlicensed care should be a joint goal between parents, community, and government. RespectfuUy Submitted, '?r->~ Joan Smallwood Licensed Day Care Provider cc: Mayor Tom Bums Mayor Pro Tem Alex Habenicht Rita Hathaway Laurie Clapp Alfred V onnittag Keis Waggoner Clyde Wissins • . . , .. I. ( / • • , . • ~f,CC~ ~ Colorado Association of Famly Child care Mr. Harold Stitt Plannina Administrator 3400 S. llati Street lnalewood, CO 80110 September 13, 1995 Dear Plannina Committee Members: I am writina on behalf of Joan Saallwood, and all the Licensed Childcare Providers who are affected by the R-1-A Zone District which does not allow family childcare as a home occupation. Jamily childcare in moat caanmitiee is exempted in residential eettinca from ... 11 bueinell8 coneiderationa because it is considered an e ... ntial caamunity •rvice. Nationally, more than one-third of the atatee b&ve already puaed, or are in the proce11Sina of paeainc, l••ielation mm111Ptina local plannina and zonina authorities from reatrictina balle childcare because it is auch an essential -rvice, eapec1ally in toc1&¥0 • ti.aee when both parents often, of neceNity, IIU8t work to Met the needs of the family. Jamily childcare 1a needed u it ia the aoat widely uaed form of out-cf-hoae care. With aore than 80S of two-parent families with younc children workina outaide the boaa, the need for childcare will continue to increase over the yeara. Since the beainnina of aan·e hietorv, aotheriq and carina for the child has been essential to aankind 0 e continuinc existence, and we know far too well bow painful and unlovina care in the early development years ecare an adult in later life. It is unthinkable that communiti•• would not place children and those who care for children at the very top of their priority list. The activities which ao on in a family childcare home -- preparina and eatina .. als, plavinc, nappina, outdoor activities, and runnina a hou .. hold --are identical to the activiti•• provided in any home with youna children. Since there 1• nothina more residential in nature than carina for children, faaily childcare is wholly compatible with traditional reaidential ueee . I. ---------------------~----- • Mr. Harold Stitt September 13, 1995 Pajj!e Two • • The Colorado Association of Family Child Care urges you to thou1htfully consider any action which would further discourase women from stayin1 home to care for children when quality childcare is so desperately needed today for all of society. Further, we would ask you to please consider any action which would chan1e your present zonin1 reaulations to be complementary with current li~ensina dtandards in our s~a~e. This would facilitate a cooperative effort bf:~ween 1overnment a1encies and would serve the coanunity so that families would have choices to meet their childcare needs. As Plannin1 and Zonina Officials, you have a challen1e and an opportunity to ensure that the zoning ordinances encouraae rather than hinder the development of critically needed childcare homes. We hope soon to see a state initiative in Colorado for exemption of licensed family childcare as has happened in numerous progressive states who have realized the importance of prioritizing children·s needs in our society. If you have questions regardin1 the ramifications of local actions which would adversely affect childcare, please feel free to contact me at 303/371-6750, Patricia Bolton, President of CAFCC at 303/427-6302, or Carol Stevenson at the Child Care Law Center in San Francisco, CA at 415/495-5498. Perhaps the childcare community in your area would be willina to speak before your coanission or at a public hearin1 re1ardin1 the importance nf this issue. We feel confident that, understanding the real heart of this issue, you will be happy to reconsider this action. For Colorado's Children, ~-~_.{i,,~L Zoning Chair~~ AMG/wbt cc: Mayor Tom Burns Hay Pro Tem Alex Hamenicht Rita Hathaway Alfred F. Vormitta1 Kells Wauoner Hitch Waldman Clyde Wiuine Dou1 Clark, City Hanaaer Joan Smallwood ' .. I . , 0 I• • ... ·-. -----r --~~ Dar.r ? ' • ' . . . . I· • . \ Ii -1 ' }I i}H i: Ji i'O'flf H lJ Hi r J~f a . 1 .11-11 ~lrt ~l,~ll!!I 11!11 I • 111-.--c 1 8 (1 i:--=1•r1·1!t -., i •!:!il ·1,1 af 1:lfii 1 !j,~r i i~rf · ' !jf!J i JJ1f lif ~•1• JI I ti 1;1 f I ! I. 1J,, 1: th I t, 1t f J 1· ·:J. f I 1 'lia 1i {I; •11~1,f!I . ~fi 1ttiJt 111 t1ri~t11: !11'1 If l fl! j,1.l11J.~ ft t t Ir 11 ''I . 'II ~ l I ~ I ~ i. rJ f If Ir. f ,: J.1 1-l. rJ!i II . i a I J I 1 . s i 8 f ·j s f .,e .t •. ~ .f 1! I 8 ·I 11 1··l fJ Ju ,Ju11· ''J ri" 8 . I! l.t 1 •· .§ 11 !I I : J. f I~ ts r ,tr -·. t'1'r, ,·1 !: I 1i I~ I ~ ii , 'Z 0 i ~ i I I -• I I -" . -• 'II " !ii ~ "' z C II ; ,, -w • w " " • " I • I "' Ill I . . . ~ ·:· ~ NOV-14-96 l4 ,8B FROft , November 14. 1996 Neyw ..,_Aad~ Meallas ~ So. Ellli s.- EnglewGod. CO IOI 10 De.-~ Bums aad c-dl Mcnlbers : • • (, ,. ID , I have 11-. IOld lllat )'VII are "QUIii 1111 • illilillive 10 dca ck,wa all privat ill.._. day-ill Ille-.. As.,... vllWO -w11o ... ii. ill llome day care. l lfl'lllllly ~ )'OIi wollld be doiag the ~ a dilllrvice IOdole ._ kililiea. Olle vlmy ...._. ad IB)' '8r *Y caw -lbal ill bid a lMllneell\'~ I .... IOUOWad dlome wllo wiU be...._._,, dlillhn when I -• wodt. art ..... ., ...S .... 10adaye11e~. • will lie• ae-,, ofwllolky llire. Ill all Ille boob I llawe rad n:pdillg railial diikna. -ordir poillls wllidl-OIII is .. way ..ty 1111 in a cbild'J life tllcy Deed loft IO fllcl _._. N .--, in lifi,_ 8y ~a ..... IO .-1 .... IOa PACE _ .. .....,is ..... , ......................... __ .......... __ _ is ---ay lllp. n.--MDd ourdlildNn lO ii ....i • .......... careof cllildla--20 ywss. Moll of llleclllldla .... waad _ .... ya,-·-. ildilllad61y ay lill ldlool ace. TIie ,-111ey llay is-.-Ille offers a Mily-i. a will!_. lc,we Md kiadlea IO Ill Ille cllildra. She lplllCls lier day willl Ille dlikho r--. ._~ad flllKllilg diem bait lltilh "- pllillc alollc wida -.S IO ... cnfts aad ...... _.. IO wrill. 1llis ln,e of_.. I I wwid N -a ID · ; a11 ·t1c to NCeM 6-a~-Tim ii a.. lMlillood. Hlr ...._...-.,,....away ad dlis iswcaly-of~. Toda)-... isal._lllk .. ••ID a .._ ....... _ aap11a1is oe ,_ily ad oa educlliaD far ow c:llil*al. 8y ~--._type ott&ililia ,ou ~ bsdDIJlljllll•CIPPotal -AU .. ..W ...... is .. _,... ..idlle .. ofwolkad.,_ p110111 ... IIOICI llodl IO wodt wwld llOI N lllle lO lffilllf die tky _.._ price Ille~--W dlqc . ............. c:klaiag ...... illllaac4ay-. Sillcae~. q,..-,..,.~ • •· ' - •. 0 l• • SENT BY :PETRY DENVER PETRY DENVER .. 303 762 2559:1 1 FAY. Please deliver to: "'~n f'ro.'for '°'""' ~.,.~ November 13, 1996 Mayor Burm and Council Mcmbcn ~,..,. "' ., C. '2.-"2.f.~0. F.apwood City Oownmont 3400 So. Elati S1net f.nalewood, CO 80110 Deir Mayor Burm and Council Members: .. • I uw jut lNrned of an iuue be&n you 10 diloominuc ad or l'Cllriet ~ ia J'Olidontial aeipborbooclt. Tbia .... ii ia1mlded to ... my oppoei1ioa to Ill)' IUCb prupoall beiJre tbo board. IY a panat wbo 11111 bome dayaani. lucb a propcal would mmna-on my riabts u a pua1 to._. t11o ........ mlity a my cbildnm. After l'OIIIIOhina all dae da)'l)Ue oplioaa ....... it ia my opiaioa dlat ...... home daycare faci1itia .. the t.t cboim b my &mily. n. argument be&n tbe boatd or ...... , c1ayoare---. the 1ldic: wl111111 in lhl llid Dllipbarhood ii ridioulaa1 By ........... day ii ..an. n..a-ao mare that 4-5 cbildrm --a dll ,._, daily. I ma lmdly -dlia u a lrdic problem. C'-Galia•q nllidmtial ·~ ii crucill ID WU. ....... ,.,. • pmmt, I lib miat my ollildrm ia my llliakborhood. ..._ ID my ..... my wort. admy.........._.. Myda)'Oll'l~illica11II.Wlll•Nlllld,wt man aariDa Oil a Olll to om cbild bllil dlltay ,.._... .... .._.be. Ma parmt I do not want ID G¥el' be lnld ID 11b my Ghilllra ID a .... fllllility . The obaiN aould be .... not die.... It froedom of oboioo ii tbl Aaalriclln way. ADd )Ollr pn,poal IO etifF . 21 my ... u. parml p'lllly .................. ay adl ....... -. tJDlia11 or limit,... .. ,_,.... Thallk You. . ~ ~ 4- 303 741-1603 ----.. -----. I . • November 14, 1996 All City Council Members City of Englewood 3400 S . Elati St. Euglcwood. co 80110 Dear Council Members : 0 I• • Please doo't close liccmc,d family child care bomcs dm\u. Family Child Care offers the best adub/cluld ratio of all licensed care options in Colorado . Most providers with 6 full-time children uually are not a,en noticed by !heir neighbors . Plcaac DOie lhc following mrc:b compilod by lhc Natiooal Association for die Education ofYOUDg Cbildrm. C/JJhal are !he benefru of a qualifg early chddhood program? Sdrnl s,m,· Cbildrm who attend high qualily early chiklbood programs • are better prepared to adjust to kinderpr1en . • dcmonsavc gn:aaa-skills on lellS of oogDilivc ability and language dc\-clopaat . • maintain gains in iDlcllcc:tual fuaelioomg fur 3 ID 4 years after Jln>&flllll' s end. • are more likely to graduare and pursue post-scoondary oducatlOII or training . So&iel & fzmgtjmaf cqgwme:· Children who attend high quality early childhood programs • show grcm:r mocivatioo for k:aming ad commilJDCDt to scbooling . • dcmoDltnac giaa« social mnpdma: as prcscboolcrs ia kindcrprt.cD and primary padcs, and in secondary years . • Show gn:ara IOCialu1y and arc la&od frimdlia 111d ~ IOCialllc by puaits ad poi:rs. • are nlCd by &bar teachers u more Clllllldlntc 111d tall oric:atcd. hggrpygt 'blDMlfDitifil '1r JiR)Jb 1n adddion, chaJdrm 11--bo aamd lugb quality cady th•ktmd propms • have grcarer acccu to hoallh care and unproved phyla! healdl . • nxcivc bcucr dcmal can:. •dcmonstnlle llllplO\'Cd DUtritiaaal lilal!!S and bcucr mdritional pnc&ices . 9/0ID do high quality earl9 childhood progrtJlflJ henefil familifJ.!? The families of cbillkal participaling in an early chikllood program bavc bocn bind IO b.::a:6t in lhc foikw.ias \\'ll)'S: • modlen view themldves as more COlllpCICllll and their children as more cornpdlCllt . • Families n::pon pride m lhc quality of lhcir family llllity more dlaD a cb:ad.: after progiam pll11Cipalion. • F am!ly mcmbcn rcpon &bat propm pu1!Cipa&iao tdped lban IO oblaiD further Clb:alian or employment , to unprovc their child rean111 pl'ldlCCI, and to cope With family crises. 9/0ID do high qua/fly earl!J childhood program., benefit communilies? fflab quality early c:bildbood pqr11111 proci!cit OCC1101D1C and aoc:ial baldila tha& bavc lubaa 6cta ma •. I· All C..'ily COW]QJ .'.llbnbcni .i-'agL,2 .Nowmbcr 14, 19!16 <. • • ' Cheir communities . Thele benefits include die foll~illa: • cost •"11181 ~ $3 and S7 ix C\'Q)' SI lpemoaaywofhipquality Cld)'odaqtion . • nxtuccd ID:mpJoymcm and c:abaicd lifctimc c:amiap IJCllallial fur daiJdrcn who bad allmdcd hip qualicy early chilcliood propama • iacn:ucd caniing f1011U of mocbcr, due to their CXl)lndgd ~ 10 pai1ic:ipacc in training and ~- • ~ reliance on social Md welfare lef\.iQel and ~ COit sallinp for children who had attended high 9lllit)-aly childhood propams_ • lower-crime ... and lea clcliaquaa behavior .... the t.cm yars for c:bildn:n who bad been mro&d in hip .... ity early childhood~- • fi:wcr-Pn:pencics and bittha lbrouflh • 19 for a,ade11k:I of carty c:bildbood program,. • aprow,d aa:aa b CCDDP1aity Rllidmla to educational, beal6, and IOCiaJ service S)'ltaaa. Dawn M . Rhoda, RuCII Rouadup 5543 S. Hia1aya Wa)' Auro,a, CO . IOCll!i 303~90-7684 &Huw: NAETC l-800-414-2,fflJ .. I· , • • • STATE OF COLORAOO EXECUTIVE CHAMBEIS 1 36 State Capito l Denver , Colorado 60203-1792 Phone (303) 866-24 7 1 November 18, 1996 The Honorable Tom Bums Mayor of Englewood 3400 S. Elati St. Englewood, CO 80110 Dear Mayor Bums: • CITY L NO' I '996 .) co . Roy ROITM:.'f'"" Governor I understand that the Englewood City Council soon will be considering amendment of the R-1-A wning restrictions for in-home day care providers. As the Governor's Policy Director for Families and Children. I would like to urge you and the council to repeal the ordinance that makes family child care businesses in certain residential areas illegal. As you know, child care is a vital service for Colorado families and an issue that has been a high priority for Governor Romer. CUITCl'ltly, over 60 percent of mothers with children under the age of six arc in the workplace. It is essential that parents have quality child care options so that their children can receive the best care possible when they have to be at work. Family child care is III extremely convenient choice for parents because it provides quality child care in the family's neighborhood. As we move ahead to successfully implement welfare reform, it is critical that the child care system can adequately meet the demand for care. Adequate capacity will depend on local communities' abilities to take the lead in creating environments in which child care innovation can flourish. Colorado has been rccogniz.cd for our strong commibnent to enhancing the child care system and family child care facilities arc an important part of that enhancement. Again, I urge you to allow Englewood to implement quality family child care facilities in residential areas. The families of Englewood will benefit from your foresight. Thank you for your most thoughtful consideration of this important issue. Sincerely, )Ltuiv+ Sally Vogler, Policy Director for Families and Children • l • . .. •' I· • 0 'a2 x l ,------------------------.,---------------------~------ • • . ~ • '· November 18, 1996 To: Mayor and Council Members ofEnglewood From: CONCERNED CITIZENS OF ENGLEWOOD CliY (.,F f_,\C.~:. ·ti NO 1 1996 OFFIC E OF TH I:: Attlehed please find a petition asking that you not amend the residential zoning in Englewood to allow HOME CHILD CARE FACILITlES. The signatures on the attached were obtained on Sunday afternoon . Had there been more time, we are certain we could have obtained several hundred . •. ::,, .. • • • -----------,··-----------------~------ 0 I • • ----·----------- PEIIIION · We. the undersigned. all being residents of the City of Englewood. Colorado, hereby request that the Mayor of Englewood and the City Council of Englewood NOT AMEND the R-1-A zoning ordinance to pennit the opera- tion of in-home day care centers. We feel that this is an inappropriate use in residential zoning and that it will bring strangers into the neighborhood and result in increased traffic and increased noise and that the use is not compatible with lite original concept of R-1-A zoned properties . Name Address --. ~A<i~Pv. 3{,#:2ik.c/Z~4 &,11D ~~~ 3 10 'f>A (C-. et faA.,.MriJ'! ~10 ~&_4 ;1/3;}..E~~furo a~*1«w=X,·IA~ ~.,,trt!,[}~C,,~~-~~ ~e::u~u.,:.~~~--..µ0,3 4 oO-'~ a,:1,c ~'" .. -l., Jle111c, --~~laL-~~'--?20 Ar ff. ~ttiZU. ~ ?~!lo ~;LO.)_,C(),Jm~~ V77J//~ -~---::::..__-<;..r-t .~ j & b. c!". JI 4'mtwtl 4H V I cn/ u ~ ~u -'F ~<.L::<~~ 9'0/,e -5,~ <s •. '-V~ ev. t I ----..-----------------,· • • • PEIIIION We, the undersigned, all being residents of the City of Englewood, Colorado, hereby request that the Mayor of Englewood and the City Council of Englewood NOT AMEND the R-1-A mung ordinance to permit the opera- tion of in-home day care centers, We feel that this is III inappropriate use in residential zoning and that it will bring stragen into the neighborhood and result in increased traffic and increased noise and that the use is not compatible with the original concept ofR-1-A zoned properties. Nune Address ... I . • • • .. ... PETITION We, the undersigned, all being residents of the City of Englewood, Colorado, hereby ret1uest that the Mayor of Englewood and d1e City Council of Fnf!lewood NOT AMENIJ the R-1-A zoning ordinance to permit the opera- tion or ..iJ!:homc day care centers. We foci that this is an inappropriate use in residential zoning and that it will bring strangers into the neighborhood and 1ei1ult in increased traffic and increased noise and that the use is not compatible with the original concept of R-1-A zoned properties. .. I . ,.. • ·, • .. PETITION We, the m1dc1signcd, all heing residents of the City of Englewood. Colorado. hc,chy 1cc111cs1 lh111 lhc Mayor or Englewood and the City Council of h1J!lcwnncl Nni:_~~ti_N~ the 1(-1-A 7.oning ordinance to 1,cr111i1 the opera- linu uf .in-Jm~nc_e,L'l.>:__c;!tc;_«;,_cn1~1!;,_ We foci that this is an i•lafJl,ropriate use in 1csiclcntial 7.CNtint? 11ncl thnt it will bring strangers into the neigltborhood and 1csult in inc1c11scd traflic and increased noise and lhat llae use is IIOI comflalihlc with lhc 01iginal concept of It-I-A zoned properties. Name Addicss . . ... ·-·····. --·· -.... --·-- ----------------------- ----------- . -.. . . --·----·--..• ---· ... ···--------------------- -------··----. ---------------- .. •· ; , November 14 , 1996 Mayor Burns & Council Members 3400 S . Elari S1rect Englewood, CO 80110 Dear Mayor Burns & Council Members : • • II is my undenwlding lhat you are mee1ing to discuss closing down in-home day care facili1ies in favor of commerci,1 day care ccmers ir. Linle1 on and Englewood . I wish to express my feeling that Ibis would be a MOST irresponsible action , not to menlion the exlreme hardship you would create for parenas who wish to mainaain a more personalized form of day care for their children, for the in- home providers, and for the children themselves. In my experience, most commercial day care t.:enters are run as a business -to make money. That is not to say that there are not some good centers out there with caring people working in them, but because of the size of many facilities, the children simply do not gel the individual anention they need . Wilhout the in-home care providers, the commercial centers would have no competition and Ibey already have outrageous rares . While you 're in the process of attempting 10 close down in -home providers. you might try to find a cemer that is willing to aake a non-polly trained child or an infam . The few thal will accep1 such children have waning lists that are prohibitive 10 working parcms . The high turnover of employees in most centers creates disruption for 1he children in that they do n ·1 hav e a sense of familiarity with the staff when people change so rapidly. If you closed down in-home day care facilities . there would not be enough cemers lo take up the slack . Some in-home day care providers who have lovingly cared for their own and other's children as a career choice (and lhank goodness some people s1ill choose that route) would then be lefl wi1hou1 a means of suppon . I don'r lhink you even begin to realize the negative impact you would have on the conununity. working paren1s. the children receiving the care from in-home facililies. and 1he in-home day care providers . You would be making a grievous error 10 shul down these facililie!.. If you wish to create a safer envirorunenr for the children. look al better regulations . Beaer )et. ma ybe it's time to shift some responsibilit y back to the parents to imerview . qUCSlion . and visit the proposed Siles and providers wilh whom they will be leaving their children . With great conce rn. I submit this lener to you . Sincerely . ~~·?· . E~~~ propoDffll of in-home day ca n: ,;z.,4 ~ mb,. ~~~ ~ ft,/~7 • .. I • , ' \f r t 'hc1 ~1~~., .. ,. I :,; "' tilan..1,11! ~h .. 11nt~1 ,, I 1!t!l l l ll ( t J 8•'127 . .3 U,.! ~ ~' (-", .. ) ~!39& ' ll,,l,ii,11,,,il,,,llif,,,ll,,,1 fv1aynr Burns & Cow1cil Mernhcrs :HO') S Elati Street Englewood, CO 80110 II 11l,ll,,, ,,, II, 11llfl1111,l ,l11ll,ll.11ll, 11ll V, ,II 1111 I ,I ,I , ,, .. ' .. ,· I • • , . ' • • c . I 5 I. • / L • • l • • • j 'I . .f I I I" . I 11 15" Is~ ii 8 .. i I a ra9 I . f1_ I s ~," . 8 (f1 • i. I ~ : 1-11 1 s11 r1 If,~; U;at. ,ul ;11 1 .: I j J if(i l f~I lliill ~lif >if a ... If If! ~ ... Ul ti t:I m ::i: ~ ; r 1 •lr11iJ. 1!•11~ I ff!J flil'i l!J l I fJ1·11 1I rf 1 1t i,. t _l t,1 . l!'Uh i !"r l 'I'' ;I 111~ i V' fltr1 11~' 11 1•f f1f! ;'1 : 1 ~=-1•u!.f I .. :1Ui 1\1 !1 z m ij t. 111 J 1Ji' ,. 5"·i· 1 J I~' -tr a:11 iii 11 f ~ liJH f! I ,!: I $il • I 1 ( 1 I :.. 11 ~ A" I f -1 1 1 _ g ~ ij 5" S'i=, S' ~ ;g u, -i JI • A a o~ N I I O . • ~ ·-~ ·, Nov. 15, 1996 Mr. Doug Clark, City Manager Dear Mr. Clark ; <. • t• • ' ,... I was angered and dismayed by the Denver &w article today about mning restrictions in your city. I have been considering moving to Englewood as I am fmqucndy around Arapahoe Road and my children's middle school is in that area. Now I raid that you do not allow home- hued busineues or even home day care. Here's a clue -nus IS 1996 -not 1950. There an: numerous studies (check out EnllqlrmeUr and Home Off'ice Computing Magazines) that indicate that 40'li OF AIL WORKF.llS will be working at home by 2005 due to corporate downsizing, outsourcing, trafTx: congestion, pollution, etc. If a business does not produce a nuisance (ie, automolive body work, kennels, and so forth), it should be nmparent to anyone in the neighborhood that there is a wort-at-home resident around. Do ,c-have any idea how many people work on their computers and in Olher small bowneues at home? And guess what -having people working at home ~ lhe safety of lbcir neighborhood and adds to the feeling of community. Home day cares provide an invaluable ICl'vice for thousands of families. You will basically be JF.oPARDI7JNG QUALITY CARE R>R CHllDREN, who are Wl8ble to vote or defend themselves in the narrow-minded aailUde of your city. Day care centers such as Cllildmt' s Wortd are too expensive for many, have a much higher rate of illneues, unreliable employees, and leu personal aumtion than do day care homes. I don't think I could have continued working when my kids were 'Va')' young without home day care providers. I 8 So, in summary, your city council bad belt wake up to what is really going on with working families. Unbl I see in lhe paper thal you ba\11: stopped harnssing home busineues and home day care, I WU DO MY BEST TO 80YCOIT AIL BUSINESSES IN ENOLEWOOD, and will make 11ft I apend as llide sales tu dollars in YOUR CITY as possible, hopefully none at all. I will also look e~ for a $300,000 home. Pleue Ihm: this with your mayor and city council. Thank you. Sincerely, An angry resident of Arapahoe County I· ; , I I • •, November 15, 1996 - - • • .. 8 ounty Extension Office Child Care Food es include monitoring licensed child care he ACE program in the Englewood 80110 zip omes are in the RlA zoning area. It is my considering a ban on licensed home child rhoods. -~ ~ ce neighborhoods in ways very similar to creation facilities. Working families need enient and allows their children to remain s who choose family child care do so closely meets their needs. Family child 0 ' ~ = z. O" -: fants because there are slots available, ld to caregiver ratio in a home-like are frequently placed in home care a .... t.n tr. ~ - - to find centers that can provide the their child needs. Parents who work on home care because few centers can hild care happens in all neighborhoods f the care is licensed, some is not . providers who care for more that one e is considered a leader in child care nimum requirements designed to protect our at work. Licensed home providers have They have background checks through the to insure they do not have histories of iders are required to have on-going child first aid. Licensed providers• homes and are inspected by the State Office of s are eligible to participate on the three monitoring visits (one unannounced) are required to report overcapacity or Office of Child Care when we observe __ r--·--a~• •ce operating outside of the law and have neither standards nor monitoring systems in place to protect our children . Because they operate outside of both state and local lava, they are invisible and therefore free to continue their businesses . Please consider these issues as you make your decision. Sincerely, ~~jl~ Pamela K. Dean.Program Coordinator Arapahoe County Extension Child Care Food Program 5804 s . Oatura Street Littleton, Colorado 80120 303-730-1920 .. I • I • • }1 -I'~ 0 + -r-~ ~'-0 vj ~ ~ .. c5 t \J\ 3 C) 0 :t p "" --------------------------,.,-------~--------------'II"'""-----~-- • November 15, 1996 Englewood City Council 3400 S . Elati Street Englewood, Colorado 80110 303-762-2300 Dear Council members: ·, '· • t• • ... 8 I am effl)loyed by the Arapahoe County Extension Office Child Care Food Program (ACE). Part of my duties include monitoring licensed child care providers who are enrolled on the ACE program in the Englewood 80110 zip code area . Some of the these homes are in the RlA zoning area . It is my understanding that the city is considering a ban on licensed home child care in these residential neighborhoods. Licensed child care homes enhance neighborhoods in ways very similar to schools, churches, parks and recreation facilities. Working families need quality child care that is convenient and allows their children to remain in their neighborhoodli . Parents who choose family child care do so because this type of care most closely meets their needs . Family child care is frequently chosen for infants because there are slots available, and parents prefer a smaller child to caregiver ratio in a home-like setting. Special needs children are frequently placed in home care because parents have been unable to find centers that can provide the specialized and individual care their child needs . Parents who work evening and night shifts depend on home care because few centers can accOCIIIIOdate their hours . Home child care happens in all neighborhoods because parents need it . Some of the care is licensed, some is not. In Colorado, state law requires providers who care for more that one family to be licensed. Our state is considered a leader in child care because we have licensing and minimum requirements designed to protect our children while their parents are at work. Licensed home providers have chosen to comply with State law. They have background checks through the Colorado Bureau of Investigation to insure they do not have histories of abusing children . Licensed providers are required to have on-going child care training, including CPR and first aid. Licensed providers' homes have met minimum safety standards and are inspected by the State Office of Child Care Services . Licensed homes are eligible to participate on the Child Care Food Program and have three monitoring visits (one unannounced) each year . Food program workers are required to report overcapacity or other dangerous situations to the Office of Child Care when we observe non-compliance . Unlicensed providers are operating outside of the law and have neither standards nor monitoring systems in place to protect our children . Because they operate outside of both state and local laws, they are invisible and therefore free to continue their businesses . Please cons i der these i ssues as you make your decision. Sincerely, 8-~ ~ Pamela K. Dean.Program Coordinator Arapahoe County Extens i on Child Care Food Program 5804 s. Datura Street Littleton, Colorado 80120 303 -730 -1920 ' ' .' ... ., I • • • t• •, • November 13 , 1996 Mayor Bums and Council Members Englewood City Government 3400 So. Elati Street Englewood, CO 80110 ... Dear Mayor Bums and Council Members: I f I have just learned of an issue before you to discontinue and or restrict daycare in residential neighborhoods. This letter is intended to state my opposition to any such proposals before the board. As a parent who uses home daycare, such a proposal would infringe on my rights as a parent to choose the appropriate facility for my children . After researching all the daycare options available, it is my opinion that smaller home daycare facilities are the best choice for my family. The argument before the board of residential daycare increasing the traffic volume in the said neighborhood is ridiculous. By nature, home day is small. That means no more that 4-5 children visiting the home daily. I can hardly see this as a traffic problem . Continuing residential daycare is crucial to working parents. As a parent, I like having my children in my neighborhood, close to my home, my work. and my pediatrician. My daycare provider is licensed, well educated , and more caring on a one to one child basis that any large center could ever be. As a parent I do not want to ever be forced to take my children to a larger facility . The choice should be mine, not the governments. Freedom of choice is the American way . And your proposal to eliminate my choice as a parent greatly upsets me . Please abolish any such proposal to discontinue or limit residential daycare. ThankYou . . ~ G~uJ 303 741-4603 3"110 e. ~ti.. RJ. ~~ Co m1~ I. • ·, . ./ = • t• • the issue of home day care in Englewood . I believe the etrimental to the city for several reasons. First, there is a entire metropolitan area. Englewood has several such ped into the same category as problem homes just "ble and inconsiderate to her neighbors . As a working "der gives to my daughter. During a previous job I visited ochial preschool programs . With as many children as ose to the kind of attention that can be provided in a daughter is fortunate enough to be in . I refuse to put my . Were it not for licensed in-home day care, I probably . education teacher because I feel so strongly about in-home day care locations which are licensed and the people of Englewood do not support worlcing elsewhere, including all the business which I conduct while I am in the area to pick up my daugbter : stopping II the grocery store, ps station, dry cleaners, take out restaurant, etc. This brings me to my next point : is this the kind of publicity and image that the good people of Englewood want to project? The reputation ofbeing unftiendly to families and against home businesses? If there are legitimate concerns about a apecific home then why not just deal with that situation? Surely there are alrady ordinances on the boob which refer to maisance situations such as this. It's rather ridiculous to slut clown all day care homes who have done nothing wrong and have created no problems in their neighorhoods. One limply can't justify creating public policies hued on the negative expa iences of one clilgnnled neipbor . Thll would be opening the door to all sorts of vigilantism . ' .. I· --------,,-----------.,----~-.~ • • ., --1 ,J :=: ~ 1 :::= .... ..0 -_l ) ~I I / I. 0 ' • ' -------------------------,· November 8 , 1996 Mayor Tom Bums 3400 S. Elati Englewood, CO 80110 Dear Mayor Bums, ·, • • <. ,. 1 8 I am writing to you in regard to the issue of home day care in Englewood. I believe the actions currently being considered are detrimental to the city for several reasons. First, there is a critical need for q,,ality day care in the entire mctropolitan area . Erpwood has several such facilities, which don't deserve to be dumped into the same category as problem homes just because one provider has been irresp01111'ble and inconsiderate to her neighbors . As a worlting mother, I treasure the care that my provider gives to my daughter. During a previous job I visited over a hundred commercial chains wl puochial prachool programs. With u many children,u they can hold, none of them can come dole to the kind of attention that can be provided in a private home facility such as the one my daughter is fortunate enough to be in. I refute to put my child into a commercial day care situation . Were it not for licensed in-home day care, I probably would not have returned to my job u a special education teacher became I feel 10 strongly about the issue. If Englewood clotes down all the in-home day care locations which are h«m«/ and rrg,,lal«J, then I wiR have to conclude that the people of Ell(llewood do nol lUppOl't working families wl I will have to take my business elleWhere, including all the bulineu which I conduct while I am in the uea to pick up my claugMer : stopping al the sn,cery store, ps llalion, dry cleaners, take out restannt, etc. This brings me to my nett point: is this the kind of publicity and inllp that the good people of Englewood want to project? The reputation of being unftiendly to families wl against home businesses? If there are legitimate concerns about a specific: home then why not just deal with that situation? Surely there are already ontiliances on the boob which ID" to NJismce situations such as this . It's rather ridiculous to slut clown all day care homes who a.w done nothing wrong and have created no problems in their neighorhoocls . One simply can't justify creating public policies based on the nepaive expaiences of one dilpmlled neipbor . That would be opening the door to all sorts of vigilantism . ' .. I. , ,/ • ..... • ft • ~ <. ... As a resident of a suburb in a neighboring community, I would also like to say that I have no problems with the private day care homes which are in my area . If they create any extra traffic, it is indistinguishable from the rest of the people going to work in the mornings, or the teen drivers picking up all their &imds, or the parents dropping their children off at the bus stop. During the 1W11111erS when I am at home all day, I can't tell the ditroa,ce between the day care homes and the yards where the stay home mothen have mldren playing ouuide. Actually the day care children probably have better mpervilion tlan aaay of the other mldren who are residents! And since the homes are licemed, they have certain standards to which they are held aooo,ntable. Lastly, I would like to say that if you honeldy feel it is in the best interests of all the citizJens of Englewood to take thele ......-es, I certainly hope that you won't make them retroactiw. Some oftbeae wonderful c:armbn have been in business for a munber of years and it would be just plain unfair to them to put them out ofbUlinea. After all they haw been citmns and taxpayers, too. And the only thing they appear to be deliberately guilty ofis caring for and about our children . .. •. 776 S . Nor1blk St . Aunn, CO IOOl 7 7S2-I021 • . .. • November 14 , 1996 Mayor Btln11 A.ad C011acil Meaben 3400 So. Elati Street Englewood, CO 80110 Dear Mayor Bums and Council Members: • • ... ' 8 I have been told that you are voting on an initiative to close down all private in home day care in the area . As a parent of two sons who are in an in home day care, I Slrongly believe you would be doing the community a disservice to close those facilities. One ofmy husbands and my considerations for day care was that it had a home environment. I want to know and choose who will be watching my children when I am at work. If I have to send them to a day care center, I will be• the~ of who they hire. In all the books I have read regarding raising children, one of the points which come out is Chai vay early on in a child's life they need love to feel confident and succeed in life. By fon:in& a pa-mt to send them to a center the dedication is not there . I have always heard that the tum ow, ra11e in the average day care center is extremely high . The one we send our children to is licensed and has been taking care of children almost 20 yeas. Most of the children she has watched over these years came to her as infanlS and they ay till school age. The reason they stay is because she offers a family environment wilh much love and kindness to all the children. She spends her day with the children giving them love 1111d teaching them basic skills from gcning along with othen to doing crafts and learning how to write. This type of environment would be next to impossible to receive from a center. This is her livelihood. Her husblncl rcc:ently passed away and this is her only source of income. Today there is all this talk Chai• a &0-' their needs to be more emphasis on family and on education for our children. By closin& down thelC type of facilities you would be doing just the opposite. All that would happen is Chai more people-Id be out of wort and those parmts thal need both to work would not be able to afford die *Y ~ price the ccnler now could charge. Please vote against closing down these in home day cares . Sincerely. ~ .... ,~.~ Joann Ncrhcim 3~S'"~ So . ~-4)o..v..1. ~WA., c,o • . . • . .. I· , . ~ ·, • '(, .. I. I • • • '· .... -- f "t ;'rf"I", ..-~. 1''· ,.·.'!\:; I L · t l IYl~ 6~ ~ ~ N"}I~ 3400 ~~ ~ Jtu.d:::, ~,~o fo/10 •• , ' • ' , , •• , ' n .. 1.n ...... 11 ... 11n11111l,l1111,11111,11111111111,111111U ' • . .. • .,-~-------------~--~---- 0 • • I· • • • ·;---------------------- • '· STATE OF COLORAOO EIIICUTIW OtAMaaS 136 S.-upitol o.n-. Color• 80203-1792 PlloM (303) 866-247 1 November 18, 1996 The Honorable Tom Bums Mayor of Englewood 3400 S. Elati St. Englewood, CO 80110 Dear Mayor Bums: '.J :,c- NC 'J i I ·1 SS6 OFF'r -... -' .. I understand that the Englewood City Council soon will be considering amendment of the R-1-A zoning restrictions for in-home day care providers. As the Governor's Policy Director for Families and Children, I would like to urge you and the council to repeal the ordinance that makes family child care businesses in certain residential areas illegal. As you know, child care is a vital service for Colorado families and an issue that bas been a high priority for Governor Romer. Cum:ntly, over 60 percent of mothers with children under the age of six are in the workplace. It is essential that parents have quality child care options so that their cbildrm can receive the best care possible when they have to be at worlt. Family child care is an extremely convenient choice for parents because it provides quality child care in the family's neighborhood. As we move ahead to successfully implement welfare reform. it is critical that the child care system can adequately meet the demand for care. Adequate capacity will depend on local communities' abilities to take the lad in crcaling aavironmmts in which child care innovation can flourish. Colorado ha been recopiz.ed for our strong commitment to enhancing the child care system and family child care facilities are an imponant pan of that enhancement. Again. I urge you to allow Englewood to implement quality family child care facilities in residential areas . The families of Englewood will benefit from your foresight. Thank you for your IIIOlt thoughtful consideration of this important iaue. Sincerely, )t!MiV+ Sally Vogler, Policy Director for Families and Children ' -• .. •· • EXECUTIVE CHAMBERS 136 SU.te upitol Den-. Colorado 80203-1792 Phone (303) 866-2471 November 18, 1996 The Honorable Tom Burns Mayor of Englewood 3400 S. Elati St. Englewood, CO 80110 Dear Mayor Bums: . . • I• • STATE OF COLORADO I .CTY 1. NO 'J i I 1SS6 •.) ·.co. OFF'r· := T.-.: I understand that the Englewood City Council soon will be considering amendment of the R-1-A zoning restrictions for in-home day care providers . As the Governor's Policy Director for Families and Children. I would like to urge you and the council to repeal the ordinance that makes family child care businesses in certain residential areas illegal . As you know , child care is a vital service for Colorado families and an issue that bas been a high priority for Governor Romer. Currently, over 60 percent of mothers with children under the age of six are in the workplace . It is eaential that parents have quality child care options so that their cbiJdren can receive the best care possible when they have to be at work. Family child care is an extremely convenient choice for parents because it provides quality child care in the family 's neighborhood. As we move ahead to mccessfully implement welfare reform, it is critical that the child care system can adcquarcly meet the demand for care. Adequate capacity will depend on local communities' abilities to take the lead in creating environmcnll in which child care innovation can flourish . Colorado baa been recopu.ed for ow strong commitment to enhancing the child care system and family child care facilities are an important pan of that enbancement. Again. I urge you to allow Englewood to implement quality family child care facilities in residential areu. The families ofEqlewood will benefit from your foresight . Thank you for your IDOll tbougbtful conaideration of this important issue. Sincerely, )._t1tiv+ Sall y Vogler, Policy Director for Families and Children ' . . .. I. .,-------:------- • •, • November 18, 1996 To: Mayor and Council Members of Englewood From: CONCEllNED CITIZENS OF ENGLEWOOD Attached pleue find a petition ukinB that you not amend the raidcntial zoning in Englewood to allow HOME CHD..D CARE FACILITIES. The sipaturCS on the attached were obtained on Sunday afternoon . Had there been more time, we are certain we could have obtained aeveral lmndred . • • , . I • • We. the undersigned, all being residents oftbe City ofF.nglewood, Colorado, hereby request that the Mayor of E.np,wood wl the City Council of Englewood NOT AMEND the R-1-A zoning cacliiwa to permit the opera- tion of in-home day cap; cc;nteq. We reel that this is m inlppropriale 111e in residential zoning and that it will bring lltlangcaa into the neigbborboocl ml resuh in increued tniTIC and increwd noile and that the Ille ia not compatible wilh the original concepl of'R-1-A mted properlies. . . --. I. • • • '· PEIIIION We, the undersigned. all being residents of the City ofF.np:wood. Colorado, hereby request that the Mayor of Englewood and the City Council of F.ngtewood NOT AMEND the R-1-A zoning onti11111ee to permit the opera- tion of iltbAme day care emtm, We feel that this it an inappropriate use in residential maiag and that it will bring stnDgen into the neigbbomood and result in incre •ed traffic and increased noise and tbat the use is not compatible with the original concept ofR-1-A zoned properties. Name Address ' ~~~~3'2:::::::::::::a._ 31~8 J;,. jllZK ~~~ ftV/~ ::,1 2 < ~. 11:,.~ ../Ac f~ {( d 1 ' -ff I I · .. .. •· • ·, • (. PETfflON We, the undersigned. all being residents of the City of Englewood. Colorado, hereby request that the Mayor of Englewood and the City COIUICil of Englewo,xl NOT AMEND the R-1-A zoning ordinance to permit the opera- tion of .Jn:h.u,11e day care centers, We feel that this is an inappropriate use in residential zoning and that it will bring strangers into the neigbborbood and rei;ult in increased traffic and increased noise and that the use is not compatible with the original concept of R-1-A zoned properties. • . . . I· ,. . ... • .. PETITION We, lhc m1dc15igncd, all being rcsidcnl5 oflhc Cily ofEa1glewoocJ, Colorado, hc,chy 1c1111c51 lh111 lhc Mayor of Englewood and lhe Cily Council of FnJ!lcwcK1el .NJlL~M~ lhc R-1-A 7.Ul1i11g ordinance lo pcnnil lhe opera- li1111 uf .in-hutnc tkJy ca~~~ We fc:c:l lhal lhis is aa, i11appropnaae use it, rc5idc111inl 7.1H1i11g 1111d 1h111 it will bring strangers into the neillaborbood and 1c5ult in i11crcn5cd lraffic and i1ac:rcascd noise and that Ille use is not c111111m1ihlc with lhc original co11c:c1,t of R-1-A zoned properties. Na111c Address ... --·--·--.. -·--------------- ... _ ------------------- -·-·--·. . - ··-·--··------· --····-------------------- -. -· ·------------------------ . , ' • • ; , .,------~------------- • • . ' November 11, 1996 To: Mayor and Council Members of Eftlllewood From: CONCEllNED CITIZENS OF ENGLEWOOD Atlacbed plme find a petition ulaag that you not amend the raidenlial zoning in Enpwood to allow HOME CHllD CAllE FACILITIES . The lipalurel on the attacbcd were obtained on Sunday afternoon . Had there hem more time, we are cenain we could have obtained NYenl hundred . .. • • I • • - r PEIIIION · We. the undersigned. all being residents of the City ofF.nglewood, Colorado, hereby request that the Mayor of Englewood and the City Council of Englewood NOT AMEND the R-1-A zoning ordinance to permit the .,.... tion of in-home day care centen, We feel that this is an inappropriate use in residential zoning and that it will bring strangers into the neighborhood and result in increased traffic and increuecl noise and that the use is not compatible with the original concept ofR-1-A mned properties, Name Address ~,W Q..... t,. 3Ji4-£}. f1-(Z ¥nJ. C, 8,, 11D ~~ 3 io ~~ (0-~ ~1~ ~ LJ)ti<l ~&~ ;2/3:J-1:.~~~() a~~,p;;;X,·U~ ~:>.rrtt,&~e,,~~-~1 ~~~c;.,(,..:....~~::::...._-,µ03 4 c;:,(j""'~ CL:4:c ~'" •• .i... ,Pc,tto ~~~~~'---22:<J •ff·~~ ~ ?Of/C :i.~,;.-c;J~~ V7tJ//~ ~-.+~~~..c;....~-~--t ,~ ,i ~ $ t!9. /Jt,,J;,, utl ffid:I:( I en/ tJ ~ ;tU -i: ~.uL';;-t,G~ Pd /41 -s, 1.a <s •. l.LJ~ ev . t ' .... .. I· -----------------------------------:-----~---- • .. . ,. • PEffl10N We, the undersigned, all being residents of the City of Enpewood, Colorado, hereby request that the Mayor of Enpewood and the City Council of Englewood NOT AMEND the R-1-A zoning ordinance to permit the opera- tion of in-bgme day care centen, We feel that this is an inappropriate use in residential zoning and that it will bring stnnaen imo the neigbborbood and result in inaewcl traffic and increased noile and that the use is not compatible with the original concept ofR-1-A zoned properties. Name Address ~:~=~,e;t_ "3.lle5 ~ <f41:,S.,Q.,0 ,,...t C 6<1/0 ..._Alll_..-~ ..... ~-~sg)_.........,..._"'""'"/ii ..... ~-------?Jl/5 S · ~ r k I t f\Q lew:z -1("( ¥0 I/() ') . ;J . ti , ,· ~ .. / I ~. ~ 3V,ll; ""2c:t,c\J'.;t: L,,tu=-' r()?t\ \ /<----~ ,, So./ --~~-·0110 I • • • I ' C,,6£~~~~:=::::a.-31~8 J;p. jllZK ~~ £dl/J JI 7 < ~. ·tt_~ Jdc fO{{cJ ,. -ff I t •, ... I. 0 '32 x l • • •, • <. PEIIIION We, the undersigned, all being residents of the City of Englewood, Colorado, hereby request that the Mayor of Englewood and the City Council of Englewood NOT AMEND the R-1-A zoning ordinance to permit the opera- tion of in-home day care centers. We feel that this is an inappropriate use in residential zoning and that it will bring strangers into the neighborhood and re!mlt in increased traffic and increased noise and that the use is not compatible with the original concept ofR-1-A wned properties. .. ., I· • c.. ·, • .. PBITION We. lhc under!lignetl, all being residenli; ortlac Cily of Englewood, Colorado, hc1chy 1e1111c!II 1h111 the Mayor or Englewood and the City Council of FnJ!lcwoud N.JlL~M~ lhc It-I-A 7.Uning ordinance lo pcr111il the opera- lion of jn-!1y1_1~_tkay_c~n.!&...~s .. We reel that this is a11 inappropriate use in rC!lidential :r.rn1int1 1111d lhat ii will bring strangers into the neighborhood and 1c!lull in incrcai;cd lraffic and increased noise and that d1e use is not c111n1mtihle wilh lhe origimll ctH1ce1,1 of H.-1-A zoned properties. Name Add1·ess .. ---~---------------------- ' ' •· i , :----------------,-~--~----------:~--~--- • • • crrv MANAGER'S CINDEREUA crrv ACTIVrrY REPORT NOVEMBER 14, 1996 13 (a) • Mlller-Kltdaell • Activity: I>eyelopment Agreement Negotiations completed except for tenant mix and phasing exhibits. Status has not changed since October 17 report. Staff Source -Dan Brotzman Activity: Land Planning Miller-Kitchell is preparing formal PUD application submittal to the City. They have not submitted a projected filing date with us. We have tentatively scheduled a city council study session on this topic on December 2. Status has not changed since October 30 report. Staff Source -Bob Simpson Activity: Traffic Study Clarion's subcontractor has commenced traffic study. Targeted completion to be concurrent with the review of the PUD. Status has not changed since October 17 report. Staff Source -Bob Simpson Activity: Tenant Beauitroeot Sony Theaters is under Letter of Intent to build 80,000-85,000 square feet, 18 saeen theater complex. City Manager is to meet with a grocery chain wanting to go into the site. Status has not changed since October 30 report. Staff Source -Doug Clark Equitable Activity: Purchase/Sale Agreement Completion Status has not changed since October 30 report . Staff Source -Dan Brotzman • . .. I. 0 1 32xl ·-----;---~---- • • • Men:aatlle Actiyity:Men;anttlePropmtyGmwow Status has not changed since October 17 report Staff Source -Dan Brotzman • Maa~Warde • Activity: Wards Lease Surrender Miller-Kitchell and Wards have completed lease sunender negotiations. Status has not changed since October 17 report Staff Source -Doug Clark Rl'D Lltlld Rall Statloa Actiyity: lntergoyemrnental Agremnent City and RTD are preparing IGA for light rail station at Cinderella City. The agreement is nearly completed. Staff Source -Chuck Esterly Actiyjty: B1P Park N Ride I omaoo RTD and Miler-Kitchell negntieting a joint UN park and ride slation on sile. Status has not changed since October 17 report Staff Source -Chuck Esterly Actiyity: Harnglen ljght Rail 5Wkm RTD wants to start Southwest Corridor conslrudlon in Spring. 1997 with light rail open to public by Summer 2000. Status has not c:hangad since October 17 report. Staff Source -Chuck Esterly or Bob Si111p1on • .....aAVCO Flw Aaw Actiyjty: En Title Qty conducting exploratmy talcs with Selbe family ID J)IDdlW the former owdlow parking lot north of Cir.da ... City. Status has not changed since October 17 report Staff Source -Doug Clark • Actiyjty: KRAVCO 99:Yw 1 City conducting exploratory talcs to IUblet 65 Y1111 Nlllllining on KRAVCO lease. Status has not changed since October 17 NPOll Staff Source -Doug Clark . . .. • , , • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO N-a-11,1"6 I . C.UIDO'*" The rqular meeting of the Englewood City Council was c:alled to order by Mayor Bums ll 7:40 p .m . 2 . hmlcatilla The inwcatioa was given by Cooncil Member Wiggins. 3. l'Wae fll AHeaiUtt The Pledge of Allegiance was led by Mayor Bums. 4. ..c ... Present: Council Members Hllbaway, Clapp, Wiggins, Habenicbt, Vonnittag, Wagoner, Bums Abecot : None A quonim was pracnt. Also praent: City Mlnqcr Clalt City Attorney Bnicznmn Assillallt to the City Maaapr Grace Deputy City Clerk Caltle Opcn11ioas Ma-., Kavimty, Nllic Worb Direclor Olyglewicz. Fiaancill Services DiJa*lr Fcllllla, Ulililics Dinaor~ ~ Hollliag Authority Ncigllboltlood ........ De\ :la:p s Ma-., Simp11111 5. Millllea (a) COUNCIL MEMKR HATHAWAY MOVED, AND IT WAS SECONDED, TO AJll'aOVE THE MINUTES or THE UGUL,\ll llDTING o, NOVUlaU 4, 1"6. A)'CI : Council Melllllcn Hadaway, Vonnittag, Wiggilll, Habenicbt, Wagoner, Clapp, Bums Nays : None TIie molion carried. (a) ~ were no IChcduled visitors. 7 . N• 1d: I C II C Vllllan ' .. I· '. i' '11111 , . . ~ • Englewood CityCouncil November 18, 1996 Page 2 ·, • • (a) Richard Dittemore, 2239 East Floyd Place, stated that he has been a resident of Englewood for thirty-nine years . He said his neighborhood has been good for residential living, a nice place to raise families. He advised that the issue before them tonight is dc:fincd bolh legally and emotionally. z.oning, he opined, cannot be governed by emotion because that is a slippery rock. He felt the purpose for the proposed mning change is to make it easier for staff. He said there have been ordinance violations and feels the State was incorrect in not checking the zoning at the time of licensing for daycare purposes . Mr. Dittemore 51.atcd that they are ming for spot zoning for a group of well- meaning people who did not realize they were in this lcpl spot. Spot zoning is an attempt to give a special right to a group of property owners, he said, and is govcmcd by emotions. He said there are hundreds of property owncrs wbosc rights will be ldfcged and who are not represented here tonight, whose mning will be degraded by allowing a~ eataprilC in a residential l.OIIC. If you have a special cxccptcd use, then you can have another hearing. but many of us, be said, are too old to come to hearings to defend the integrity or our zoning. llcpnting property values, he feels that when people come to buy a home, they chcc:k the zoning and they a MIAl changa are taking place in the neighborhood. He said none have taken place. wc don't have any transitional mning and wc don't have any other business enterprises there. This, ~-giws the right to IOOICIOIIC to come in, have a business, have playgrounds in the back, have an RV unload six kids and drop them in the neighborhood. That isn't too bad, he said, because these people are lovable people . He stressed that he is not challenging them, but rather he is challenging what is happening to the underpinnings or zoning and mning integrity in this city. He feels it would be homogenizing commcrcial zoning with residential by the application of this ordinance. Mr. Dittemore cxprallCd sympathy for the people involved, many of whom are innocent. Some ofthcm, however. probably bought bcc:aulc they figured they could have a daycare business in a residential mne. Once you start breaking down the walls or separation of mnc, the whole thing can crumble. The relUlt, he felt, would be a city that docs not have distinctive residential areas and the compoution of the city and its regulalions can be~-Slaff, he said, while they can be sympathetic. have a burden of dealing with and enforcing their ordinance . He recognized that it is hard for staff to enforce the ordinances, stating that these people could be his friends. However. he feels that when they bring a business into his neighborhood, they are invading the neighborhood with IOllldhing that wc didn't plan on when wc bought our homes. This would be a breaking down of the quality of the neighborhood and the property values. He asked Council to think the matter over and remember those whose property rights are going to be affected. (b) Rita Treichel, 4149 South Galapqo Slreel, told Council that she docs not have a daycare in her home and no lon,er has a need for a daycare for her children. She believes, however, that daycare in the home is the best ahcmalive for the working parenl because it allows the child to stay in a close proximity to its home . It pa the child a familiar area to be in and other neighborhood children to be with in a real home Idling. She lllid she realizes -people think the more formal commcrcial daycare ccnlcl" is the best allerlllllM for die wortillg parenl. Ms. Treichel stated her belief that prohibiting daycare in the home will talc nay die fRICldom of cboicc for many parents, which will negatively affect the dcsinbility of living in this CIOIIIIIIUllity . Some years ago. Ms . Treichel said, she made the cboicc to stay in Englewood where bcr daughler-familiar with her in-home daycare family. neighbors and classmates. A taler -to Aurora -a milCrlblc cxpcricncc and she IIIO\'Cld back to Englewood lasl year. She said she is saddened• the thought of the ncptivc impact prohibiting in-home daycare will have on the •IIIOlpllcR of this CIOIIIIIIUllity . She med that the fRICldom or cboicc bctwccn in- home and commercial daycare be allowed. (c) Cindy Gagnon, 3183 South Race Slreel, said she has been a liocnlcd daycare provider in the Hampden Hills community for the lasl five years . She fccls it is important to the parents of her daycare children that she is a liccmcd daycare provider, vcr-. an unliclcmcd provider, bcc:aulc firstly, both she and her husband wen: fiqcrprillled and their backgrounds were c:bcckcd by the FBI . This assures the parents of a safe environment for their children. Sccondly. Ms. Gagnon said, she is curmu in ' ' I . . -. ' __ [:. ; rr, -----------------------------···----------------------------------- • Englewood CityCouncil November I 8 , I 996 Page 3 (, • • CPR and first-aid so that, in the event of an emergency in her daycare home, she would be able to provide the necessary care until the paramedics get there. Thirdly, she said, her house has been inspected and approved by Social Services and is a safe environment. The last point, she said, is that there is a limit on the number of children she can care for. Her parents can be guaranteed that there will not be large numbers of children in her home at any given lime. Ms . Gagnon advised Council that they will not be able to remove all daycare from a neighborhood, only licensed daycare. Unlicensed daycare providers will remain, regardless of the zoning because parents need daycare for their children. TIiey may be forced to put their children in an unlicensed facility. She asked Council to consider that daycare is a critical need that is not going to go away. She feels eliminating licensed daycare providers will open the door for unlicensed providers to set the number of children they arc going to watch and how safe their house is. (d) Connie Levy, 6745 South Clermont sum. told Council that she is a licensed daycare provider in Arapahoe County. She has been in this business for twcllly-two years and has been an instructor, assisting carcgivcrs in their liceuing process . Ms. Levy shaml that there arc very few family units that can still exist on one income. One of the options for the woman in a private home is to choose to provide daycare for children other than her own . She advised that Colorado ranks in the top ten states in the a,untry with regard to on-going training and license requimncnts. She stressed that she does not wish to have spot zoning, pointing out that there arc Jots of other reasons for working out of your home, such as people who work with computers. people who work for the City and have computers in their home, people who work out of their garages, those who sell Avon and Mary Kay. 11lese people, she said, arc not required to have business licenlcs bccaUlc they don't write off a pan of their home as taxes. Ms. Levy said daycare is a business with a bean and they wouldn't be in business if there wasn't a need . People need someone to care for their children, licensed or unlicensed, center or home, it really doesn't matter. What the City has to come to terms with is solving the problem, as did Aurora and Sheridan, by allowing daycare in the home with a City business license. She requested that the City let the providers know what it requires prior to their being licensed by the State. Ms. Levy said this information should be readily available to anyone who wants it. It should be published on a quarterly basis so that they arcn 't surprised after many years in business. She said she really doesn't have an opinion as to which way the z.oning should be, but she wants the information to be out there prior to somebody being licensed. (e) Jackie Howard, 10725 West Ontario Place, Littleton, pointed out all the people present who support in-home daycare and acknowledged that this is an emotional issue. She stated that, as the first gentleman said. this is a slippciy rock, it is our children's future. She said she wants someone who will be responsible for that, somconc who will take care of ber children, and, unfortunately. not all of us can be home with our children like wc would like to be. We ci-daycare, she said, that wc feel will be responsible, that will mold our chikkal, and who~ m and our values. Ms. Howard said she has been a ICltcr carrier in this area for CM:r ten years . She said lbc knows Ille ncighbomoods and lbc knows there arc insurance businesses run out oft.he homes.• well• cllycarcs, Sarah Coventry, Mary Kay , and a lot of others. She does not feel this kind of thing affects propeny values at all. The rcaltor ffycrs she secs when delivering mail support thal statcmcat. she said, and a.ncd that Englewood homes sell for top price. She feels the property values arc not whll is ll Slake here, bul rather, there arc a few people in the neighborhood who don't want to be bothmd with a lowly daycare. The rcamn their ncighbomoods arc what they arc is because when their kids were growing up they had laughing children in the neighborhood, they had an opportunity to look at the wor1d through a child's eyes, and they need to look at daycare as our future, instead of as a lowly business. She said anyone who is opposed to that, shame on them for letting clown our kids. (f) Vera Montez, 2925 South Elati Street, pointed out that she has been in Englcwood thirty-five years and has been doing daycare for eighteen years . She Rad the following letter from the Governor's oft'"icc : ~Dear Mayor Bums : I undcnland thal the Englewood City Council 100R will be considering amendment of the R-1-A zoning rcsuiclions for in-home day care providers. As the ' ..... .... • . .. I - • • • Englewood CityCouncil November 18, 1996 Page4 0 • , . Governor's Policy Director for Families and Children, I would like to urge you and the council to repeal the ordinance that makes family child care businesses in certain residential areas illegal. As you know, child care is a vital service for Colorado families and an issue that has been a high priority for Governor Romer. Currently, over sixty percent of mothers with children under the age of six are in the workplace. It is essential that parents have quality child care options so that their children can receive the best care possible when they have to be at work. Family child care is an extremely convenient choice for parents because it provides quality child care in the family 's neighborhood . As we move ahead to successfully implement welfare reform. it is critical that the child care syslem can adequately meet the demand for care. Adequate capacity will depend on local communities' abilities to take the lead in creating environments in which child care innovation can flourish . Colorado has been recognized for our strong commitment to enhancing the child care syslem and family child care facilities are an important pan of that enhancement. Again, I urge your to allow Englewood to implement quality family child care facilities in residential areas . The families of Englewood will benefit from your foresight. Thank you for your most thoughtful consideration of this important issue. SincetCly, Sally Vogler, Policy Director for Families and Children." (g) Ddlbie Smith, 7197 South Fairfax Court, Littlecon, told Council she uses an in-family daycare at 3 I 26 West Pimlico Drive. She informed Council of the reasons she chose her daycare provider, explaining the lengths she went to in finding the right home in which to place her then four month old son. She told of checking centers with ten babies per caregiver, where none of the babies were picked up in the hour that she was there. She also spoke of checking in-home daycares where there were more children than she, as an educator, could handle. Ms . Smith also checked licensed homes that were unwilling to take her son because he was considered a high maintenance baby who required a great deal of individualized attention. Her current daycare provider was the first person whom her son would allow to hold him without crying. Ms. Smith described the daycare home as being set up with individual play areas and there are kids of varying ages with which to interact. She explained that she drives twenty minutes to drop her son at daycare. Her son loves to go to this daycare provider and Ms. Smith said she does not want to lose her. She asked Council to please not take away her daycare. (h) Frank Miner, 3121 South Vine Street, said he has lived in Englewood since 1954, except for a five year period between 1959 and 1965 . After living in Illinois, he and bis family decided they wanted to live in Englewood again. His wife told him that, if he could find a house in their old neighborhood in Englewood, he should go ahead and buy it bcc:ause she knew they would be happy there. For the last twenty-five years, he said, he has been a real eslale broker and licensed appraillCI' in the State of Colorado and has some idea of the value of property. He expRad fear thal if we permit daycare in the homes in Englewood, it will be opening the door 10 CJlber busirsaes from the home, which will destroy our neighbornoods. It will increase noise and tnffic ud brillg llfBIIF'S inlo the aeighborlloods . It puts for-profit businesses in our neighbornoods and opens the door for adiers to come in. Mr. Miner staled that yesterday morning he had KOA on the radio and be beard them quo1e a City staff member of Englewood as saying that all of staff would approve this dlu,e in our zoning. He feels it is improper for a staff member to say that publicly and to be allowed to be quoted Offl' the radio. Several neighbors told him they heanl the same thing on television . He advised thal there -a prublem and dilCUllion over homes for the elderly and handicapped. The federal goyemment says we must permit them in our zoning in Englewood and we do, he said. The State says these homes IIIUll be 7SO feet apan , although he has two in bis neighborhood that are 416 feet apan . Mr. Miner feels Englewood is not going to comply with the State regulation. How many daycare cen1ers can we have, how far apan do they have to be? He asked, also, who will supervise the daycare centers, who will check the birth certificates and who will tdl the child he has to leave because he is too old. Mr. Miner opined that it is not manageable and that the property values will be destroyed in Englewood. He does not feel thal we need it here , although he allowed that we should have daycare in its proper place and the proper type of stnJclUre ud management .. ' ' .. I • Englewood CityCouncil November 18, 1996 Page S '· • I• • (i) Mary Paxson, 6428 South Stcc:le Street, reiterated comments that she made a couple of weeks ago. She said the Governor's office has rec:ogni7.Cd that sixty percent of the mothers with children under the age of six have to wort today and are in the wort force . Her research showed, using the City's demographics, that there are fifty percent of the homes in Englewood with both people working. You've got 17,000 children within a three mile radius or this area and seventy-five percent of those people are considered low to moderate income. Again, she said, to put her two children in commercial daycare would be Sl,200 a month. Ms. Paxson told Council that she barely brings home $1,200 a month, yet her income is necessary to keep her household running. Daycare in Englewood, she said, is an essential service. People are concerned about their property values, but to diminatc daycare from the home is going keep young people from moving into the area because they cannot find home daycare. She fcc:ls tbal will clcvaluc your property becausc there won't be young people to rcfwt,ish the property and to bring ocwncss into this City. That, she said, should be a c:oncern to the people as well. (j) E.dward Gaqc Harrison, 3161 South Race Strcct, said he, too, lives in Hampden Hills, wbcrc millionaires live in an area a mile llOUlh of him. Three miles IOUth, billionaires live. He fcc:ls we are too much concemcd with the people that have spoken who are wealthy. He said he grew up as a poor boy. His modlcr wanted him to tet an education and he now has twcnly-CWO years of education, sixteen years IIUdying law. He said he honored his modlcr and his Loni and Savior Jesus Christ. Mr. Harrison cited instances in history wben COUlllrics fell bccaUlc: the wealthy ruled. He said he fcc:ls it is time, with forty-two paramilitary orpnil.#ims in America, for government to listen to the voices of the poor. He asked that the Council be guided by the hand of Almigbly God when they make this decision and be guided by their consciences . (k) Judy Egglcstoa of Bouler County, Praideal of the Allociation or Family Child Care, responded to previous queslims ~ MIO waald clicdt 08 the birtll ClCltificllCS of the daycare children and that type of thing. SIie advilod tllll cll)ale pnMden caa be visited • any time by the Department of Health to clla:t all ofthcir in ·n,;... recc,rm. Alto. without notice, the Depanmcnt or Social Services may drop in wheda thcy ba¥C 11811 a a,mplai• or IIOl. TIiey will a to-such things as your dillllter plan, your signed aJlllncts, 1111d the physical laXll'm 08 all of the childn:n. Annually, she said, wben they reaew their licew. ~ an: requind to ICnd documena•ion of the number, age. etc. of all of the cllildrai in their can:. Ms. Eglelloa -. Council tbnl tbere are a lot of cllecb aad bab111ccs to ac 11ft thcy an: 11111 raaiag -thcir limil She aed tbn1 they IUIOpix the fact tbn1 they an: Uyiag to CIOlllply willl Sia law by lumag liccnlcs and by paying the fca. SIie aid ma)' of them woald gladly pay ....._, fees die Cily -.Id like IO imposc. She llid tbere is a bigs pmblcm to addns i• .tic 1 cllild can: tllnl • ra -*· No one has fingerprinted or cllcdled ..._ ia any way. SIie li:lcls it is ........ dlFI ColoradD ..,_._.. docs not bother to cnfortlC thc .... n,quirillg child CUC facililica to bc liceanDd. 1'llis anllCil it very hanl. she advilcd, for thole MIO U¥C ._ ID 11ay in basi-. SIie aid 1k ..... Im ID w -ia the City address tbnl and ... a llap ID ual• 1 child CUC 811d lldp die people MIO -Uyiag ID opente lcgal1y . (I) Tanda Galewood. IOIS War Slaafonl Place, reminded Council tbnl lbc is the one: who had her claycare shut down due to a acigllbor dilputc. She llid the pniblem -~ liendf and the neighbor. not the children. The neighbor has lillClC IOld hcr home and .-'Cid away. Ms . Gnlcwood explained, but. during the two MCks tbnl she-shut clown.* 1111d no i-for her children. for whom she is sole provider. Sina: tbnl time, her mochcr has aailled her fillancially, die said . She added that it is not just hcr, there an: many Olhcn who are Uying to make -,,.,c peymen11 and suppon their families, but don 't do daycarejult for the~-It taka a lpOCial ia-, Ille feds. to love and cuc for other pcoplc's children. (m) Kathy McBride-Egloff. 40 IS South Bannock Strcct, llated tbnl she did child CUC al another address for nine ycan. After hcr diwrce, she bad to ICU thc home bul Ille aJlllinllcd to do child ' ' • . I . I • Englewood CityCouncil November 18, 1996 Page6 • • care rather than go on welfare. She said she has been doing child care for thirty years and has been licensed for fourteen in Englewood. Ms. McBride-Egloff told Council that she pays her dues and pays high taxes because she is sclf<mploycd. She explained that she teaches the children in her care to have respect for the rights of people around them, to be quiet as they play in the yard, they take walks and smell the flowers but do not pick them. Daycare people have to keep their homes cleaner than most people, inside and out. She feels child care is a very important thing and that they arc mothers who arc bringing up the future generation of America. (n) Joan Smallwood, 4737 South Fox Street. addressed some of the comments that were made earlier by some of the opposing gentlemen . She said that both af these gentlemen have had a licensed daycare within three blocks aftheir homes for the lasl five years. Since, in an R-1-A area you arc imix-f upon to be a walChdog and a tattldale af your neighbors, she asked why they haven't reported them. Obviously, she said. their pnlllCl1y values have not been affected, nor bas the allllOlphere aftheir pristine neighborhoods. She asked if the realtor bas an office in bis home, because if he docs, he had better close it down . The same goes for the attorney, she advised. Residents of Englewood arc reliant upon licensed daycare because we don't have a Kindm:ue or a Children's Wortd for the parents to choose from . They really mllll choose from home balCd care, she said . Currently, there are only about seventeen openings in the various child care facilities in Englewood, she advised, and. roughly. the closure or disruption of the current licensed daycares would roust about a hundred plus children. She asked Council to keep that under consideration. (o) Jackie Watkins, 3126 West Pimlico Drive, said she is the daycare provider for one of the mothers who spoke earlier. She remarked that this is very important to the licensed daycare providers. To become licensed, they had to answer many questions about the suitabilily of their houses, and put money out to take classes. Two yean ago, when she was looking for daycare for her two children, Ms. Watkins found that about scvenly-five percent of commercial daycares will not take a child under the age of two and a half. Most daycares require the child to also be potty trained or they have to be one and walking. In-home daycare providers take them at six weeks on up until they are ready to Siar! preschool. She asked Council to take this into consideration. She cited the cin:wmlanccs of her brother-in-law and his wife who are due to have a child in April, who have checked into daycare in the Englewood area. They will have to be on a six month waiting list In oommercial daycares, the teacher to child ratio is one to twenly or twenly-live. Licensed, in home daycare providers adben: to the ratio allowed by the license . (p) Nick Neely , 79S8 South DalUra Street. LiUleton, said be bas two 10111 who have gone to daycare in Englewood. He thinks Englewood should wan& to llll'acl -kind af a youdi IIIOVCIIIClll into this area . He has noticed the decline afthe doMlloMI ara, .,cifically Cinderella Cily. With the 1arJc nwnber of older people in Englewood, be feels 1111ft is ao -me to 111fP011 the illfrastrucUlre af this cily. If you arc DOI pro-youlh, .-.,oung families, abricmiy tllcy-ao1 pliag to come illlo this oommunily to support the on-going economic clevdapmcnl lleR. lie aid. (q) Cher Melichar, 12006 Blacktail Mountain, Litdelon. told Council llllll her grandchildren go to a daycare provider in Englewood. She told af the difficulties they had in finding someone to take care of her granddaughter, who was another one af tholC high maintenance babies . If you can find someone that you INII enough to care for your child, she said, and that can give the child the love that you • re DOI able to give while at wort. it should DOI be taken away from them. Ms. Melichar said her grandchildren love going to their daycare provider, she works with them and helps them kam letten . She stressed the difficully in finding good daycare for infants, or high maintenance children. (r) Dawn Rhods. a board member for the Arapahoe Coun1y Family Child Care Association. told the Council that she bas been working on the OcMmor'1 CIOIIUllince llllll bas been Idling up 5lalldards for early child care education. Whdber people are in ClCIIICl'I or homes, the basic skills are still ' .. I • Englewood CityCouncil November 18, 1996 Page7 ·, '· • • all the same, &he said, of what would be required to give a child the bcst quality of care. Most providers are getting inore hours of training than they 11C n,quiml to by the Oeputmcnt of Human Services . She asserted that they really care about what they IIC doing and Wllllt to offer the best care that they can. She said what is happening here could happen anywhere and it is not fair to any of these parents. (a) A resolution appointing Micllad Heberling as youth liaison to the Public Lilmuy Board was considered. RESOLl!nON NO. 92, SERIES OF 1996 A RESOLlITION APPOINTING MIOIAEL HEBERLING AS YOlTllf UAISON TO 1llE PUBLIC LIBRARY FOR 1llE CITY OF ENGLEWOOD, CX>LORADO. COUNCIL MEMaER BATRA WAY MOVED. AND IT WAS SECONDED, TO APPROVE AGENDA rrl.M I (a) • RI.SOLlJTION NO. '2. SI.Illa or 1"6. Ayes: c.o..cil Members Hadlawly, Vonnittag, Wiggins, Habenicht, w.,._.-. Clapp, Bums Nays : None The motion carried. Mayor Bums thanked Mr. Heberling for volunteering to serve on the Public Lilmuy Board and presented him with a certificate and a City pin. 9 . ..Mic Heari•& No public hearing was schcdulcd before Council . 10. C-t A,-la (a) Approve on Finl Reading There MR no items for approval on ft.-raiding. (b) Approve OIi Second RcadiDg COUNCIL MENSER BATRA WAY MOVED. AND IT WAS SECONDED. TO APl'llOVE AGENDA rrl.MS II (It) (I) THROUGH (Y) ON SECOND HADING. (i) ORDINANCE NO. 55, SERIESOF 1996 (a>UNCIL BllJ.. NO . 61 , INTRODUCED BY a>UNCIL MEMBER HA111A WAY) AN ORDINANCE EX"IENDING 1llE TEMPORARY SUSPENSION OR MORATORIUM ON CERTAIN MISCELLANEOUS BUSINESS LICENSES FOR AN ADDmONAL PERIOD OF FOUR MONTHS. (ii) ORDINANCE NO. 56, SERIES OF 1996 (a>UNCIL BllJ.. NO. 66, INTRODUCED BY a>UNCIL MEMBER HA111AWA Y) • .. I. I --~--------------------------·--------------------~------------- • Englewood CilyCouncil November 18, 1996 Page8 • -,. AN ORDINANCE REPEALING 1111.E S, CHAPTER 12, SECTION IA, OF 1lIB ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO AUCTIONEER LICENSES AND ENACTING A NEW CHAPTER 18, AUCTIONEER AND WHICH REMOVES AUCTIONEER FROM ORDINANCE NO . 25 , SERIES OF 1996 WHICH PERTAINS TO 1lIB MORATORIUM OF LICENSES IN 1lIB CITY OF ENGLEWOOD, COLORADO . (iii) ORDINANCE NO. 57, SERIES OF 1996 (COUNCIL BILL NO. 67, INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE REPEALING 1111.E 5, CHAPJ'ER 12. SECTION IA, OF 1lIB ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO CHRJS'IMAS TREE DEALERS LICENSES AND ENACTING A NEW CHAPTER 12, CHRJS'IMAS TREE DEALERS. (iv) ORDINANCE NO. S8, SERIES OF 1996 (COUNCIL BIIL NO. 68, INTRODUCED BY COUNCIL MEMBER HATifAWA Y) AN ORDINANCE REPEALING 1111.E S, CHAPTER 12. SECTION 18, OF 1lIB ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO POLICE AND DETECTIVE SERVICES (PRIVATE FIRMS) LICENSES AND ENACTING A NEW CHAPTER 22 , EN111LED POLICE AND DETECTIVE SERVICES (PRIVATE FIRMS) AND WHICH REMOVES POLICE AND DETECTIVE SERVICES (PRIVATE FIRMS) FROM ORDINANCE NO . 25, SERIES OF 1996 WHICH PERTAINS TO 1lIB MORATORIUM OF LICENSES IN 1lIB CITY OF ENGLEWOOD, COLORADO. (v) ORDINANCE NO . 59, SRIES OF 1996 (COUNCIL BILL NO. 69, INTRODUCED BY COUNCIL MEMBER HATHAWAY) AN ORDINANCE REPEALING 1111.E 5, CHAPTER 12, SECTION 3, OF 11fE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO GOING our OF BUSINESS AND DAMAGED GOODS SALES AND RE-ENACTING A NEW CHAPTER 17. Vote readb: Ayes : Nays : The motion carried. Council Members Hathaway, Vormiuag, Wiggins, Habenicht, Waggoner, Clapp, Bums None 11. Onlillwa, Rml ,.._-, M..._ (a) Approve on First Reading (i) Opcratioas Manqer Kavilllky preaenlCld a ma,mmcndllion from lhe Dcpanmcnt of Public Worts to adopl a bill for an ordinance approving an UIICrgCM:rnlnel agn,ement with Englewood Public Schools for fleet mailllellaDa:. He advilcd Council that lhe anticipaled revenue from this in 1997 is SS ,000 . He said lhe Cily has performed this service for lhe prcvious four years and is currently under such an agfflCmcnt with lhe schools. Council Member Waggoner asked lhe previous bowty rate . Mr. Kavilllky rapoadcd that it was $34 .00 an hour and has been raised to $36.00 an hour . Council Member Vormiuag aaed if they bad any problems with that , to which Mr. Kavilllky rapoadcd thal they bad -wballoevcr . The Clcrt rQd Council Bill No . 71 by title : ' • .. I. • 0 '32xl ----------------------------·-·--------------------------------- • Englewood CityCouncil November 18, 1996 Page9 ·, • COUNCll. BILL NO. 71, INTRODUCED BY COUNCll. MEMBER HA TilA WAY A BILL FOR AN ORDINANCE APPROVING 1llE RENEW AL OF AN INfERGOVERNMENT AL AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD, COLORADO AND ENGLEWOOD PUBLIC SCHOOLS WHEREBY 1llE CITY OF ENGLEWOOD WILL PROVIDE 1llE ENGLEWOOD PUBLIC SCHOOLS Wl1ll VEHICLE MAINTENANCE . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (I) -COUNCIL BO..L NO. 71. Ayes: Council Members Hathaway , Vormittag, Wiggins, Habcnicbt, Waggoner, Clapp, Bums Nays : 1be motion carried. None (ii) Opcnlions Manqer Kavm*y ..-ntal • recommcndatioo from the Department of Public Worts to adopt a bill for an ordinance approving an intCl'gO\ICl'lllllntal agreement with the City of Sheridan for flcc:t maintenuce. He advised Council that this is exactly the same thing, that we have had an agreement for the past four years. lbis will also be at a rate of$36.00 an hour, with an anticipated re\'CRUC of $2S,OOO. 1be Clerk read Council Bill No. 70 by title: COUNCll. BILL NO . 70, INTRODUCED BY COUNCll. MEMBER HATIIA WAY A BILL FOR AN ORDINANCE APPROVING 1llE RENEWAL OF AN INTERGOVERNMENTAL AGREEMENT BE1WEEN 1llE CITY OF ENGLEWOOD, COLORADO AND 11IE CITY OF SHERIDAN, COLORADO WHEREBY ENGLEWOOD WILL PROVIDE 1llE CITY OF SHERIDAN WITII VEHICLE MAIN'JENANCE . COUNCIL MEM•ER BA111AWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (II) -COUNCJL BD..L NO. 71. Ayes: Council Members Hadlaway. Vonniaag, Wiggins. Habenichl. Waggoner. Clapp, Bums Nays: Nolle 1be motion carried . (iii) Director Gryglewicz pn:aellled a reaw-eedaeioe from the Dc:panmeal of Financial Services to adopt a rcsollllioa Clabliaing lic:alillg fees for Goiag o.t olO...-w1 Damqcd Goods Sales. 1be fees, be said, .-e DOI challpd from prior years, the Ollly thing tbal is changing is that tbcR is a --n:fundlble fee ofSI0.00 for the licellle applicalion . He told Council they would ICC that OIi all these rcsolutions. 1be resolution was assigned a number wl read by title: RESOUJTION NO . 93 . SERIES OF 1996 A RESOLUTION ESTABLISHING FEES FOR GOING OUT OF BUSINESS AND DAMAGED GOODS LICENSES UNDER Tl11.E S, CHAP1Bl 17, OF 11IE ENGLEWOOD MUNICIPAL CODE 1915 . ' • . .. I· 0 '32xl • Englewood CityCouncil November 18, 1996 Page 10 ' • • • • COUNCB, MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (Iii) -RESOLUffON NO. '3, SERIES OF 1"6. Ayes : Council Members lfalllaway, Vonnittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None 1bc mocion carried. (iv) Dira:lar Gryglcwicz l)lellCllted • rccommcndation from the Department of Financial Servi<lCS to adopt a resolution elllblilllillg lioellling fees for Auctionccrs. He advilod that this resolution is due to changes in the new c:lilpla' • -adopted under the oonseot agenda this -.mg. The resolution -assigned • llWDber and lad by title: RESOLlmON NO . 94, SERIES OF 1996 A RESOLlmON ESTABLISHING FEES FOR AUCTIONEER LICENSES UNDER TITLE S, CHAPTER 18, OF 11tE ENGLEWOOD MUNICIPAL CODE 1985. COUNCB, MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv) -RESOLUffON NO. '4, SERIES OF 1996. Ayes: Council Members Hathaway, Vonnittag, Wiggins. Habenicht, Waggoner, Clapp, Bums Nays : None 1bc mocion carried. (v) Din:aor Gryglcwicz preaeated a n,commcod#ioa from the Dcapnmcnt of Financial Services to adopt a resolulion elllblisbing lioellling feel for Chriltnm Tree Dealers. He advilod that this resolutions Ids the liormc and applicllion feel and ICU the cleanup deposit for Christmas Tree Dealers in the City al Englewood. 1bc raolulion -assigned • number and lad by title: RESOUTTION NO . 9S , SERIES OF 1996 A RESOLlmON ESTABLISIUNG FEES FOil OIIUS'JMAS TREE DEALERS LICENSES UNDER TITLE 5. CHAPTER 12, OF 11tE ENGLEWOOD MUNICIPAL CODE 1915 . COUNCIL MEMaER HATHAWAY MOVEa, AND ff WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) M -RESOLUTION NO. 95. SDIES Of 1"6. Ayes: Couacil Melllben Hadllway, Vmmittag, Wiggins. Habcnicllt, w.,....., Clapp. e.n. Nays : None The mocion carried. (vi) Din:aor Gryglcwicz pniWled a ,-mewl•• from Ille Dqiartw al Financial Services to adopt a resolution elllblitl!iaa la for Police ud l>docliYc Servm fmm priVIIIIC firms . He told ~I thal this allD aru thc applicllion fee wllic:II ii S 110.00. Tllis is ~ lie said, llinor we: arc awering our aJIII for Ille....,. bacqnlud chcct. 1bc resolution -assiped • lllllllber ud ... by tide: . , • ... I. 0 1 32xl • Englewood CityCouncil November 18 , 1996 Page II RESOLtmON NO . 96, SERIES OF 1996 '· • • A RESOLtmON ESTABLISHING FEES FOR POLICE AND DETECTIVE SERVICES (PRIVATE FIRMS) LICENSES UNDER TITLE S, CHAPTER 22 , OF 1lIB ENGLEWOOD MUNICIPAL CODE 1985. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM t t (a) (vi) -RESOLUffON NO. "• SERIES 01' 1996. Ayes : Council Members Halhaway, Vonnittag, Wiggins, Habenicht, Waggoner, Clapp, Bums Nays: None The motion carried. (vii) Director Gryglcwicz pracnted a recommcndalion from the Dcpanmcnt of Financial Scrvic:cs to adopt a bill for an ordinance authorizing the execution of the undertaking agreement in aJIUICClion with the refinancing of a Littleton/Englewood WaslcWalcr Treatment Plant loan . Mr. Gryglcwicz explained that the Colorado Wrm ReaRirces and Power Dcvdopmeat Authority is refunding -ol the debt that the City used to fund improvements to the Waler Treatment Plant. Due to changes in SEC regulations, he said, wc DOW have to cntcr into an undertaking agreement. The agreement is that the City will provide certain financial information on an on-going basis thal is DOW required by the SEC. Responding to Mayor Bums, Mr. Gryglcwicz explained thal the Colorado Waler Resowca and Power Dcvclopmcnt Authority is a State body . When they Ft a pool ol funds, he advised, they allow wastewater and utilities to borrow those funds at lower than marliet l*5 to develop utilities. Council Member Hathaway asked if this will in any way affect our current bonds or our current loan with them . She asked if wc will realize any DIOR: or lea ~ from the loin proceeds. Mr. Gryglcwicz rapondc:d thal wc should sec a savings in our debt ICrvice thRJugh this. They will refinance the bonds al a lower 1111C. he explained, which will 0ow bal:k to the City, 10 thal will be a benefit. Mayor Bums asked if the Authority -aaled to be a llOllduit, or a financing DUa:, punuant to the availability of Federal funds . Mr. Gryglcwicz a,afirmc:d thal SUllelllCnl, adding that we may also look al them in a,ancction with the water unprcl'rmmll in the filmR ifdlc funds arc available. Mayor Bums asked if that is for rdinancing, to which Mr. Gryglewicz lapoeded that it would be -money . Council Member Habcnicbt asked for darific:alioll • to whcthcr this is for MIICWalel' trabDcllt, DOI die waler plant, and whether this has to be appnMld by Litdclall • wcll . Mr. Grygle,nc:z rapondcd that this is for wasleWalcr, and that Littldon is doing their's iqianldy. He said there arc a number of other entities inwm:d in this and they arc doing their OW11 onlinuca or raolutions. Thr. Clcrt was asked to read the council biU by tide: COUNCIL BILL NO. 72 , INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AlmKllUZING AN INnllOOVERNMENT AL AGREEMENT BETWEEN 1llE COLORADO WATER RESOURCES AND POWER DEVELOPMENT AU11fORITY AND 1lIB CITY OF ENGLEWOOD, COLORADO ENTl11.ED '"OBLIGATED PERSON 'S UNDERT AKJNG TO PROVIDE COtmNUINO DISCLOSURE ." COUNCIL Ml:MaER HATHAWAY MOVED, AND IT WAS SICONDl:D, TO Al'PllOVI: AGENDA ITEM 11 (a) (Yli) -COUNCIL alLL NO. 71. ' . . • . .. ., I· 0 '32 x l • -~-----------~------------- Englewood CityCouncil November 18, 1996 Page 12 Ayes: Nays : 1be motion carried. • ·, • <. Council Members Hathaway, Vonnittag. Wiggins. Habenicht, Waggoner, Clapp, Bums None (viii) Dircclor Fonda prescuted a recommcndalion from the Littleton/Englewood Wastcwatcr T~ Planl Supervi90I)' Commillee IO appnwe, by llllllion, a construaion management oonlnlel with Brown and CaldMII few the Planl's Plme 18 COIIIIJUCtion . Mr. Fonda said the recommended amount few the CXllllnct is S 1,835,416 and thal the IXIIISllUCtion should Slarl early next year, in January . He added that bids are Qlf1'Clllly being lallcn. Council Member Wiggins CXIIIIIIICIIICd that the people in the audience should be aware that the rderaidum OD November's ballol repnling bonds IO finance the building of this water plant came about because we were trying to obtain bonds al a lower amount thal would rdin: the bonds a year earlier than they would bnc been ordinarily. This would bnc sawd our taxpayers from $700,000 to a million dollars. We are RqlliRCI, be said, by fcdcral mandalc to ffllo our water treatment plant to bring it up to Slandards. As a result of the \'Ole, be Slated, we taxpayers in the City of Englewood are going to take on paying taxes for a year longer. He said he just wanted them to be narc of that. Council Member Waggoner asked few clarification that this motion is for the wastewater treatment plant, DOC the Waler plant. Mr. Fonda said this is for the WISlcwalcr treatment plant. Council Member Habenicht said she can't let this one go without asking the odor question. She asked if this will preay much fix our problem with odor at the plant. Mr. Fonda ~ that there are some odor illlplO\'CIIICllts included in this wort. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTHORIZE THE CITY MANAGER TO SIGN THE PRORSSIONAL SERVICES AGREEMENT WITH BROWN AND CALDWELL IN THE AMOUNT 011' Sl,IJS,416 TO PROVIDE CONSTRUCTION MANAGEMENT AND ENGINEERING SERVICES ll'OR PHASE IB 011' THE WASTEWATER TREATMENT PLANT IMPROVEMENTS. Mayor Bums asked for clarification lhll this ()Oil will be iplit fifty fifty and thal this is DOC jull our pan. Mr. Fonda SlalCd that this is the total to be split. Englcwood. be said, adminiltas the alllllncts. Ayes : Nays : 1be motion carried. Council Mcmben l-lalllnay, V«mittag. Wiggins. Habenicht, Waggoner, Clapp. Burm None (ix) Executive Direc:tor Malimwlki prelallCld a laXIIIIIIICllda for the Englewood Housing Authority to approve, by llllllion, aulhoriDlion for the sale of Sherman SUect properties to the Englewood Housing Authority. Mayor Bums IWcd that. since he is the Cbaiman of the Englewood Housing Authority board of commissioners, he will abstain from disamion OD this ~- Mr. MalillOWlki IWcd that, about a yea, ago, we CllCICUlcd an option oonlract for the property in the 3400 bloct of South Sherman Smid. We extended thal via Council tlClion about six IIQllhs qo. be said, and that extension is about to expin:. The Housing Authority would like to purcbuc the COlllract outright, he statcd. or enter into a pun:hnc aintract for the Clllile property . We bnc a,mc clolc to finalizing our ' • I· • 0 '32xl • Englewood CityCouncil November 18, 1996 Page 13 •, • • plam for the property and will be submitting Iha& in the near future 10 City Council. He said Council Member Halhaway has SCCD IOIIIC o(the prdiminuy dnwinp and advi&ed that they have met with the neighborhood resiclcnts on two ICpalalC oa:asions 10 Id their input. They then went back to the neighbors 10 show them what was developed. It is ten units, he explained, for sale 10 people of mixed income. It will be~ altlactWc, he added. COUNCD, MEMBER HATHAWAY MOVED. AND IT WAS SECONDED, TO APPROVE THE SALE 01' THE SOIJTB SHERMAN STREET PROPER11ES TO THE ENGLEWOOD HOUSING AIJTBORITY IN THE AMOUNT 01' Sl 12.518. Ayes: Council Mcmbcn Halhaway, Vormittag, Wiggins, Habenicht, Wagoner, Clapp Nays : None Abstain: MayorBums The mouon carried. (b) Approve on Second Reading (i) COUNCIL MEMBER HATHAWAY MOVED. AND IT WAS SECONDED. TO APPROVE AGENDA ITEM 11 (II) (i) ON SECOND READING. ORDINANCE NO. 60, SERIES OF 1996 (COUNCll. BllJ.. NO . 63, INJllODUCED BY COUNCIL MEMl,\ER HA1HA WAY) AN ORDINANCE ADOPTING 1HE BUDGET OF 1HE CITY OF ENGLEWOOD, COLORADO FOR 11fE FISCAL YEAR 1997. Ayes: Nays: The mouon carried. Council Mcmbcn Halhaway, Vormittag. Wigias, Habeniclll, Wagoner. Clapp, Bums None (ii) COUNCILMEMKRBA111AWAYM0VED.AN1t1TWAS SECONDED. TO APPROVE AGENDA ITEM 11 (II) (ii) ON SECOND HAINNG. ORDINANCE NO. 61 , SERIES OF 1996 (COUNCIL BllJ.. NO. 64. l""1lODUCE> BY COUNCIL MEMBER HA1HA WAY) AN ORDINANCE APPROPRIATING MONIES fOR ALL MUNICIPAL PURPOSES IN 1llE CITY OF ENGLEWOOD, COLORADO, IN 1HE FISCAL YEAR Bl!GINNING JANUARY I. 1997, AND ENDING DECEMBER 31. 1997, CONS111UJ1NG WHAT IS TERMED 1HE ANNUAL APPROPRIATION BILL FOR 11fE FISCAL YEAR 1997 . Voteraahl: Ayes : Nays : The IDO(ion carried. Council Mcmbcn Halhaway, Vonniaag. Wiggins, Habeaic:bt, Wagoner, Clapp, Bums None ' .. ,- ,. . ~ ' ~ '.~ .. ,; I . . 0 1 32xl Englewood CityCooncil November 18, 1996 Page 14 •, ~- • • {iii) Council Member Clapp ltaled for the rea,rd that, although she has no problems supporting the mill levy for the a>IIIJIIIIIUly ccotcr, Ill this time she still bas some unanswered questions and some concerns about EDDA, therefore she will be voting no . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (II) (iii) ON SECOND READING. ORDINANCE NO 62, SERIES OF 1996 (COUNCll.. BILL NO 62, INTRODUCED BY COUNCll.. MEMBER HAlllA WAY) AN ORDINANCE FIXING 11IE TAX LEVY IN MILLS UPON EACH OOU.AR OF 11IE ASSESSED VALUATION OF AU. TAXABLE PROPERTY Wl1HIN 11IE CITY OF ENGLEWOOD, COLORADO, AND ESTABUSlilNG A MILL LEVY FOR 11IE ENGLEWOOD DOWNTOWN DEVELOPMENT AU1HORITY . VoCeraalb: Ayes : Nays : The molion carried. Council Members Hathaway, Vorminag, Wiggins, Habenicht, Waggoner, Bums Council Member Clapp (iv) COUNCIL MEMSER BA111AWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (II) (iv) ON SECOND READING. Council Member Habenicht expraaed a.:era CMr lhe IOCtioa n:lalM to pllking lot orientation. She ~ that wc are palta1ling dlis primaily after die Pan Collias ordinance . She said she belie\ocs dllll what WC are doing is making dlis I little -librnl diaa it lllould be . COUNCIL MEMBER IIASENICBT MOVU TO AMEND SECTION D (2). PAllXING LOT ORIENTATION, BY CHANGING TIIE STANMU 111.Aa NO IIOU THAN !II PERCENT, RATHER THAN SEVENTY nac&NT,OI' Off S'IDET PAIIKING AaEA JOR THE ENTIRE PllOPERTY SHALL H LOCA1D ll&1WUN TIIE noNT ,ACAN 0, THE PRINCIPLE BUILDINGS AND THI PIUllilY A8U'ITINC S'IDET. Mayor Buras aed MallalS al~ wl .._ Deo. I I Salpma ID cxplaia wily dial c:llaqe-made..._ fifty to~ pcrgeal. Mr. s.,.. ............ it -· ......... Zoaillg 0-ffliaion ,ecmnm ...,. 11111, pa wllll dley 1:111 IO lie die p.dawww ollllil • ·ay , it may be more in line with die aarkd 111d malld ~ ca · 2 -... Council Member Habenicht said she feels a,...sy ... lllil wl will YCIIC •· Vote raalb•eriplal INCiN: Ayes : Council Mallllcrs Hadlawlly, Vorminag, Wigins. Waggoner, Clapp. Bini Nays : Council Mcallcr Halaiclll The molion carried. .. I. • Englewood CityCouncil November 18, 1996 Page 15 • • (v) Mayor Bums Slalcd lhlll we have had a lot of letters and calls from people saying that they understand that we arc proposing to eliminate daycare: from R-1-A area. Actually, he said, daycare: is not legal lhere now, the change that is proposed is 10 allow ii. COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (II) (v) ON SECOND READING. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AMEND THE BILL BY REMOVING ANY LANGUAGE IN THE BILL THAT URRS TO THE R-1-A SINGLE FAMILY usmENT DISTRICT. Council Member Habenicht staled she bas a pn,blcm with that. She said she knows we need lo be liSlelling to the concans of both sides and that we have an obliplion to do that. We have been lalking about and working through Ibis issue for well ewer a year now and ii finl came to our al1enlion through home oc:cupalions and through a number of questions from residents. She recalled that we sent Ibis back to Slaff when we were discussing just not lalking about home occupations for a while because we thought there was a special case because of daycare:. We ukcd that Slaff ClOIIIC back with a solution that would be palalable, she said, both 10 the 7.0lling QORCCl1IS of the people who live in the R-1-A district and also to the concans of the daycares that were operating there wilhoul any c:onccm to those neighbors. This is not jUSl a daycare: issue, she opined, or jllll a quality of life issue. Whal ii bas to do with is a society in transition. We have to deal with it in a way lhal is fair, lboughdid and coosideralc of a lot of people's feelings. She said she truly believes that ClOllling back with the conclilional use was a good solution and she suppons that. She allowed, al the same time. that she understands there arc people on both sides that have fear of the conditional use. The people who have property, she believes, arc not so concerned with the property values as they arc with the quality of life they arc Uying to enjoy within their homes . Ms . Habenicht recalled a call lhal she had from a teacher in Englewood who lives in Highlands Ranch. They don '1 permit Ibis kind of daycare: home in Higblaads Ranch, but she Wllllled us to do Ibis here in Englewood. She sunnised that Englewood isn '1 the only area thal prohibits Ibis kind of thing. Not wanting lo pul us in the wrong light. she lllated, the thing is dud Ibis is the way that ii bas been for years and people arc afraid lhal their neipbortloods arc ping to chan,e by making Ibis more permissible. Al the same time, people who have daycare: homes, and have their cbildrcn in daycare: homes where nobody even knows the difference. feel thal we arc Uyiag IO Ulllc dais away from them. She rccogniml that there arc really 5IJong feelings and an:erm on both sides and dial we neat to be ICIISitivc to both sides. Ms. Habenicbl -,tec1 lbal she believes 11d' cw up with a n,c-wedllion dull is ICIISitive to bolh sides, by making Ibis a conditional U1C in R-1-A. SIie feels die people MIO an: really fcartial about Ibis arc the people who have daycare 1-ud all of ..... dlcy an: IOilll IO ~ IO ID lhrougb the proccss and pul up lhac lips. For lluil-. Ilic ....... • I I 1 1111n waald grud&dicr in for two years all of the exilliag liCCIIICCI daycarc: ill R-1-A. SIie aid Ilic is jlla p!lllillg dais out for dilcussion, lo gnndranlier them in for two years .-ii lhey ~ ID Fl die a,aditioNI maiag. Thal gives them the lime 10 Fl hislory . Council Member Halbaway reminded COIIIICil dial we aced ID vaee oe the amendment that is already on the floor . Council Member Waggoner Slalcd 1h11 be has receivod a lot of leacrl from people who arc a,ncemed about doing away with daycare: in the raiclealial -. We an: aal cloills away with daycare in all the residential areas . Some ofit is not allowed abeady. llc aid. 11111 EllllcwDod lliU 11111 R-1-B linglc family rcsidential dillric:ts. R-1.C single family n:lidmial dillric:ls. We lila¥C die R-2 . die R-3 ad die R-2.C and the R-3.C, the R-3 and the R"" raiclcalial dillric:ls. So ii is oaly 111c R-1-A wllcn: I'• prupolillg lluil we remove the family da)'Carc in the hoae. lie aid. TIie NII of lhea llay cualy a lhey •· Alto, for 111c .. I· • 0 • ·,---------------------~- Englewood CityCouncil November 18, 1996 Page 16 '· • • record, be advised that we had petitions submitted tonight with thiny-nine signatures asking that we do exactly what be is proposing. Council Member Wiggins stated that eighty-three pcn:,ent cl the Idlers and c:alls are coming from people outside of the City of Englewood. Fourteen pcn::ent oC tbose people that are bringing their children into the city to daycare facilities are actually working in the city. That means the other& are coming in, dropping their children, and then going out cl Englewood. they arc not working in Englewood. They come from unincorporated Arapahoe County, Jeff-County and Highlands Ranch, so most of them are not within the city. Council Member Vonnitag pointed out the R•l•A IJQI Oii the laJF map in Council Chambers. Mayor Burns advilell that be brougbl this mane, up ll the Mc:lro Mayon' Caucus meeting on Friday. There are twenty-eight mayors in the caucus and a lol cl tbem MR there. E~ city be talked to allows daycare home occupations in most n:sidenlial clistricls ud IIIOll cl them in all residential districts. He said bis list includes Littleton, Sheridan, Cherry Hills, which docs have daycare specifically but allows home occupations in all residential district&. l>effl'cr and Tllornton. He feels we have about nineteen daycare ccnlers in R-1-A DOW, which illustnlCS tbll, indeed, sixty to-.ty pcn::ent clmodler& are DOW working. Fony years ago it wu probably less than lal pcn:ent, so the world has changed a lot . Prices o( homes and housing in Englewood have gone up remarbbly in the last few years and be docs not feel there is any way to show any Rduction because cl anything like daycare. He said be will oppoac the amendment that Council Member Wagoner prupoa,d. Ayes: Council Members Wiggin&, Waggoner Nays: Council Members Hllhaway, Vonnillag, Habcnicbt, Clapp, Bums The motion failed . Council Member Hathaway said lhat if Council Member HabeDidll would indul,c her for a moment, she would like to propoec a counler amendment. She said she would like to propolC that we COlllider cbilcl care in R-1-A the same• in any other raidential dillricl in the City cl Englewood. In other words, it is a permitted UIC . It has cxilled for many years. • Mayor Burns llaled, and has for tllc: IIIOll put exiltcd peacd'ully with few cxa:plions. She feels our neigllbod1oodl are up to dcalillg willl tbose cxccptioal. If IOIIICbody is in a cbildcare facility. liccllled or ualioenaed ud tllc:y aR caulillg prablcaa. you can bet the neipborllood will be the fim toa,mplain. wbdhcr it ii ia R·l·A orR-2, wllic:II, lllc said, is wbcR she llal li\'Gd all lier life . Sbc feds WC an: .aiac a daa dim .... wllidl * docs .. feel WC lllould, bccaulc: they are our cllildren. 111c cllaal 't care wbdhcr tbey ave pan:1111 wllo wollt ia the city cl Englewood or whclbcr tbey have ., rdllicmship llcrc other llian tllCir cbild care provider. They are the future cl our a.munity, Ollr world ad our COUlllly . TIie bell way IO take care cl them is to diminalC any dillincuon. Mayor Burns alkcd if she is speaking IO the onliaw:e a drafted. She responded tbal she is speaking to the ordinance• drafted. to mac R-1-A child care die-• it is in other raidential zones . Noc a conditioaal USC . Council Member Vonninag aaad for clarificllioa • to ncdlcr 111c -only referring to daycare. She n:apooded -just daycare." Council Member HabeDidll said -RIDllpiza lllis ii .. caolioaal ~ for. lol cl pooplc . She fc,ds the Algmod change would DOI be lakiq lllil a slowly• tllc: lnMilicla RlqlliRII ia a --.ity lllllll is ,; I. • 0 '32xl • er--~:-------------------~-- Englewood CityCouncil November 18, 19% Page 17 • • changing and a society that is changing. She believes that we can 111CM: into this gradually and abate a lot of this fear, which she feels is driving both sides of the issue. Ms. Habenicht said she would not vote for it all one way or all the other way . She reiteraled that staff has clone a tremendous job in coming up with a solution that most people find palatable. She has talked with people for well over a year now about the problem and people on both sides have said it sounds like a good compromise for now . That is why she would not go for just throwing out the mning, but rather keep it as a conditional use. She said she would vote no on that amendment. Mayor Bums said the amendment is to make child care in R-1-A the same as in any other district. Council Member Hathaway said she wants to make it clear tbal she considers child care a special home occupation. As we continue our review of home occ:uplliom in R-1-A and other dillricls. we need to look at child care as put of that whole piclure. She feels thal can be made put of the transition as well, but in this particular case you are talking about a home oc:cupllion that is not a lawyer for profit or an accountant doing his business out of his home. which, she said, exis& in R-1-A, too, and they are illegal. She feels this particular issue needs to be addressed now because there is more of a need for it. Council Member Vormittag said that every reference in the ordimnoe to daycare should be prea:ded by the word "licensed." They should all say "licensed daycare." Council Member Hathaway pointed out that this is addressed under the second whereas. it says licensed by the State of Colorado and operating prior to June 3, 1996. She agreed. as a friendly amendment, to accq,t the wording "lioc:nsed" daycare. Mayor Bums said that ifwe are talking about having child care in R-1-A the same as the others. it seems that we have different kinds of uses. some uses as a matter of right and some are conditional in this ordimnoe. City Attorney Brotzman respoadcd that our recommendation is to make this a home occupation listing family child care home, or infant/toddler home, as the only home occupation for R-1-A. Council Member Hathaway agreed that that is what she is referring to. Mayor Bums said, for instance, R-1-B appcan to have I home ocx:upation of child care as a matter of right. R-1-B has conditional use. It's a misnomer to say that they it would be the same as other districU because they are not all the same. You are just saying allow it as a manerofrigbt in R-1-A. Council Member Hathaway agreed. Council Member Wiggins said he agrees with Council Member Habcaic:lll 11111 it should be a conditional USC . Council Member Clapp Slalcd for the record that she IUppOl1I child care and can't imagine putting conditions on it juSI bccaulc of~-She feels it is a uae by righl and t.hal we need to support our families and our children and our fulwe. She said she wholehcancdly IUppOl1I everything that Council Member Hathaway just said. Mayor Bums asked City Attorney Brotzman to explain the procedure involved with a conditional use. Mr. Brotzman respoadcd that you would have to go to a public bearing on that. There is a set of standards that apply to all conditional UICI. The conditional uae bearing is before the Planning and Zoning Commission. it docs not come beck to Council, and appeals would go to diltrict court. Council Member Halhaway uked if it requires the polling of a lip in front of their home, wbethcr it n,quires the applicant to come clown and pnwe dial the mcct all of the requiremcau and tbal they are aot ' I· C • Englewood CityCouncil November 18, 1996 Page 18 •, <, • • a detriment to the neighborhood . It basically requires tllem to come down and prove that they can exist, she said. City Attorney Brotzman responded affirmatively. Council Member Habenicht said she feels that one of the major concems of people who are in the R· l ·A zones is not so much the propeny values, but rather the concern over the change in the quality of the neighborhood. When people talk about strangers coming in, increased traffic and things like that, she feels that if wc just make it a permitted use by right then tbcrc is no ability to govern or restrict or deal with thoae kinds of iSIUCS. For the IIIOlt pan, the daycare mothen she has talked to say they don't really impact traffic because of the way we operate. She said she truly feels that this oonditional use is such a good a,mpromise becallllc it doesn't shut anybody down . The amendment that she has brought forward would actually grandfalher thoae exilling for two years so that they wouldn't have this fear of being tarp:ted righl away . We are in a time of uansitioa and wc need to be thoughtful to both sides. She said she CIOUldn't \'Ute the OIiier way, either. Council Member Clapp addreacd the traffic issue . She said she lives right across the street from an demealary IChool and tbcrc is a lot of traffic . But. it only lasls for ten or fifteen minutes maximum when people drop their childrm off" in the morning and in the ~ng when they pick them up. She assertm that this does not neptively impacl her area and she can't imagine a daycare with six children impacting a neighborllood neptively. Addressing the compromise, she said she does not penooally feel she can a,mpromise liccnlcd daycare . Mayor Bums ubd City Attorney Brotzman to rapoad to his oblervation that. essentially, if it is licensed daycare, the elements that have been spoken to here tonighl • far • what that license means, as far as the Slate is concemed, are all elements addreacd by the Stale of Colorado. Mr. Brotzman responded affirmatM:ly. Conditional UIC, then, in our 1D1C dillrict means what? Mr. Brotzman responded that it oonccms the impacll to the neighborhood. The bell example of what Planning and Zoning would COlllidcr that wc have talked about, he Did, is traffic and its impact on the neighborhood . Second would benoiseiSIUCS . COUNCIL MEMBER HATHAWAY MOVll:D, AND rr WAS SltCONDltD, TO AMEND THE ORDINANClt, MAKING CHILD CARE THE SAMII: IN R-1-A AS rr IS IN ANY OTHER ZONE DISTRICT BY RIGHT. City Attorney Brotzman ubd Council to look al the -he lllad pn,vidcd under the ... pangnph under IM-2. He lad "R-1-A Single Family Raidcllce Dillric:l. ........... M, would add a -mamber me, which would be Home Ocaipaliw. 1r ..-.-Clllllaaily _..... to the priacipal w • a residalce when CXlllductcd ia die -dwellill& pn,widlll 11111 die followiag CIOllditiolls are met. A. Family child care home or infant child care lloftle." Council Member Wagoner ubd if dial opcas it ap for all adlCI" ._ ~iclN also. Mr. 8-- said that daycare would be the oaly ..._ ocaiplllicw allowed. Mr. w.,._.. said that is does open it up with no restrictions. no mailer 1-many tbcrc are or how clca dlcy are . Council Member Hathaway said that is correct, as long as they are liocnled by the State of c.otondo. City Attorney Brotzman said there a,e definitions included for child care home and infant/toddler home . Vote-"'• die ••ea••eal: Ayes : Council Memben Halhnay, Vormiuag,, Clapp, Nays : Council Members Wigms, Habenicht. Waggoner, Bums The motion failed . . ' . . . '. ... ti I -Ll'~ • •• I t .. I • • 0 1 a2xl • Englewood CilyCouncil November 18, 1996 Page 19 .. • • COUNCIL MEMBER IIAaENICBT MOVED, AND IT WAS SECONDED, TO AMEND THE ORDINANCE TO GRANDFATHER IN FOR TWO YEARS EXISTING LICENSED DAYCARE HOMES IN R-1-A, DURING WHICH TIME THEY WOULD APPLY FOR A CONDmONAL USE. Council Member Hathaway med for clarificalion as to whether Council Member Habenicht is aa:epling the ordinance as written, and is only adding the grandf'atber clause for all those in exiSICnce that can pl'O\'C Ibey MR licenlcd prior to June 3, 1996. Ms. Habenicht oonfirmcd that statement. New daycares, she said. would bave to apply for a oonditioaal UIC right away. Mayor Burm a,mmented dial it would -to him dial olltaining aJllditioaal U1C for those grandfatbcrcd ill would be a routille maaer. c.ouacil Member Habeaicbl said it would give them -time and Ibey would not feel thll Ibey an: being fcxml inlo eamedling right away . Council Member Halhaway oCrcRd an addition to the amendment whereby those grandfathered and who oould pl'O\'C Ibey wen: in exiltCDcc and liciemed prior to June 3, 1996 would not be required to go through tbe a,nditioaal UIC process and thll 6-this poinl OIi it would be done as a aJllditioaal U1C as proposed ill the ordinance. Council Member Vonnittag added that Ibey must have existed at their current address . Council Member Hlbcnicht said Ille tbim it is beacr to bave an equal playing field for the residents and the~ pn,vidcn. The two year pandfadlcriDg ill gives the propcny owners who have a,ncerns the -thll Ibey llill have the oppor1llllity to quclliOII the conditional use and a sense of security for their lifmlylc. '111c allows far -,-·s rights to be pnllCIClcd. Mayor Burm added thll -m tllcle daycan: providers bave been in their n:sidcnces for fifteen or lMllly ,-sad it appears thll Ibey provide qalily ~. He cxprased concern about making them all ID duaup a CXlllditioaal U1C proc:as gna the number m years Ibey have been in business. Council Mcmber Wiggins poiated out thll Ibey have been illcplly ill busincu. Mayor Bums -*-'cdpd tllal. but feds we haven't dOlle a \'CIY IIJOd job m monitoring that, nor bas the State. Coacil Mmllla' Clapp med for c:larificaliaa as to whal the am .,_,. is. Council Member Habcnicbt Nilerlled 11111 lier MIClldecne is thll anyoac who would aimc in new to R-1-A would have to f s I) ID duuqli a CIOllditioaal UIC pnxm. 11IOlc 11111 are already existing and lKlCIIICd that have beell aMl'Cld adcr -....,_ will be paadfadiend ill far two years, in which time, or after which 1iae, .+i(;t rwr Ibey -ad praer, Ibey .-Id ID far die CIOllditioaal '* permit. c-il Mmllcr Wagoner furtber clarified 11111 it &pprO\'CS the ordiaucc as 11Ti12Ca. Cllccpl tbas it .....,.._. ill dlolc thll cxislcd prior to Jue 3. 1996 and gives tbem two years to ID through tbc allldilioal -pnxm. Council Member Hadlaway addod thll it adds the wd -licicalcd" all tbc way throup. Council Member Vorminag funher clarified tbas Ibis would be • the -address. Council Member Habclliclll concumd. Mayor Bums said obviously this is a balancing act, adding that be bas no desire 10 eliminace this UIC in this 7.0IIC dillrid. Council Member Clapp staScd that she will be voung ya on this, just bccaulc it is the best we can do and allows tbc daycare providers to opcnle. ' • . I . .. ,. ' -, n-,~ • ~· I ' , • Englewood CityCouncil November 18, 1996 Page 20 •, • , . • Council Member Hathaway Slated that she wiU also be wting yes because ii will al leasl -the issue forward after having been Slallcd for a year and a half. She said we need IO commit ourselves IO moving forward with review of the home occupations toully in R-1-A . Ayes: Council Members Hathaway, Vormittag. Wiggins, Habenicht, Waggoner, Clapp, Bums Nays : None The molion carried. 12 . Geeeral Dilallllioa (a) Mayor's Choice I . Mayor Bums said he previously IOld Council of his aaeoclaoce a1 the Metro Mayors' Caucus . 2 . With regard IO lraDlpOltalion i-. we U\'C a public meeting on November 20th, he said. in the Community Room regarding amenities and illlpl1WCIIICIII al the RTD Light Rail &lop. Council Member Hathaway said lhal she bdiews Ibis was publisbcd as being only the stop al Santa Fe and Oxford. City Manager Clalt said Ibey are suppoml IO talk about all in our dililrict, including Cinderdla City . (b) Council Member's Choice (i) Council Member Habenicht I . She told Council lhal she aaCDded Ille press confcrmcc pul on by Ille DaMr Chamber of Commcrc:e and the C4lorado Council for Business in Ille Ans and Ibey did a woadcrfu1 lludy on !be implCI of the arts in Ille CIOIIUIIIIDity . She distribuled copies IO Council, ayiDg l1lal DWI)' QOIIIIIIUllilics ~ m:ognizcd ailture and Ille arts ... ecmomic: ~ tool . 2. She ack-1cdpd Ille woedcrfu1 _. l1lal is being pul loplllcr by Ille~ Pllblic Library Boanl for Fiddill& Clayloa. wllo -tll1ICII 6-• ao lllddally. Sile aid ii ii a .-ifu1 ud ~ .. -*· Sile cxprcaad llow ad ii _. IO lier IO U\'C lelwd willl Ms. Clayloa. ayiag Ille -a woadcrfu1 Yu.a -widl a lat of FOIi ideal. 13 . aey .............. (a) City Managcr Clark llaled lbal he included in lbeir pac1lcl a CiDderd1a City ...._ repon and he bas nodling IO add . (a) City Auomey Brownan RlqllCillOd authority IO cater illlO a tolling .__. wilh Ille IJ\lllce in Ille EURA 111111Cr 10 exlelld the 1111u1c of limita&ica for a one year period . ' •· Englewood CityCouncil November 18, 1996 Page21 · ... (' \ • • COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO AUTBOIUU THE CITY ATfORNEY TO ENTER INTO A TOLLING AGREEMENT WITH THE TRUSTEE IN THE EURA MA'ITER TO EXTEND THE STAnrn: 01' LIMITATIONS JrOR A ONE YEAR PERIOD. Ayes: Nays: The molion carried. IS . Adja..-t Council Members Halbaway, Vormittag, Wiggins, Habenicht, Wagoner, Clapp, Bums None COUNCIL MEMBEIUIATHAWAY MOVED TO ADIOIJU. The meding aqoumed at 9:38 p.m. ' . .. • . • , • ·, • <. • DECEMBER 2, 1996 REGULAR CITY COUNCIL MEETING 2 PUBLIC HEARINGS PUD'S FOR BROOKRIDGE & MERIDIAN . ' • . • 0 • I .