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Home My WebLink About1995-06-19 (Regular) Meeting Agenda- • REGULAR CITY COUNt.!L MEETING JUNE 19, 1995 .. .. • • • ORDINANCE~;-(£./. 29, 30, 31, 32, 33 RESOLUTION ~~44, 45, 46, 47, 48, 49, 50 ,, - . ' • . • .. 0 • I. • 0 -- • • • . . ENGLEWOOD CITY COUNCU. ENGLEWOOD. ARAPAHOE COUNTY. COLORADO J .. 1,.1m I . C.UteOnkr The rqulu mcding fl the EngleMlod City Council -called to onlcr by Mayor Bums ll 7 :3S p.m. 2 . ._.... The ilMIClbOII -giYen by Council Member Wigills. 3 . 4 . ..Call Prclclll: Council Melllbcn ltldlnay, Waldman. Wigpas. Hallenicbl. Vonaiaag. W...,.r. Buns Ablenl: Nolle A quorum was present. Also present : City M-,cr Clalk ~ IO die City M...,cr Grace City Aaancy anu-a S. Miaeel City Cleft Ellil DiRll*II' Ellerly, Nllic Wolb ........ Adllliaillralll SCia MaaaprStowe,~W...-rTia&aallPI.- (a) COUNCU. MURER WIGGINS MOYD. AND IT WAS SECONDED. 10 APPROVE THE MINU'RS OF THE REGULAll MUTING OF JUNES. 1"5. Ayes : Council McmllCls Hadunway, Vormiaag. Wigpas. Hlbcaiclll. Wagoacr. w---. Bums Nays: None Motion carried . 6. Sdml•W Viliten There were: no scheduled visitors. 7. N_.._.w Viliten There were no non-schcdulcd visitors. .. ~-----~ ' I •, I. • 0 l . I • Ea&kwood City C011acil June 19, 1995 Pagel •, • • • (a) A resolution recommending Norlecn Nordell for rcappoinunent to 1hr. Housing Authority for 1hr. City of Englewood, Colorado was a,nsidered. The resolution was assigned a number and read by tille: RESOLUTION NO . 42, SERIES OF 199S A RESOLUTION RECOMMENDING NORLEEN NORDEN FOR REAPPOIN'IMENT TO 11fE HOUSING AUTIK>RITY FOR 11fE Cl1Y OF ENGLEWOOD, COLORADO. COUNCB. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (a)· RESOLUTION NO. 42, SERIES OF 1"5. Motion carried . Ayes: Council Members Halhawly, Vormittag, Wiggins. Habenicbt, Waggoner, Waldman, Bums Nays : None No public bearing was scheduled before C-ouncil . IO . C-t Apada COUNCB. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS II (a) (I) THROUGH (Yi) ON FIRST READING. MAYOR BURNS PUu.ED AGENDA ITEM 11 (a) M FROM THE CONSENT AGENDA. COUNCB. MEMBER HATHAWAY AMENDU BER MOTION TO REQUEST APPROVAL OF CONSENT AGENDA ITEMS 11 (a) (I), (ii), (iii), (ff) aN (Yi) ON FOIST READING. (a) Approve on First Reading (i) COUNCIL BIU. NO. 34 , INl'RODUCED BY COUNCIL MEMBER HAlllAWAY A BIU. FOR AN ORDINANCE Al.TTHOIUZING AN INIDOOVERNMENT AL AGllEEMEKT BETWEEN 11fE UNITIID ST A TES DEPARlMENT OF 11fE INTERIOR GEOLOGICAL SURVEY AND 11fE Cl1Y OF ENGLEWOOD, COLORADO EH1l11.ED ~DEPARlMENT OF 11fE INJBJOR GEOLOGICAL SURVEY JOINT FUNDING AGREEMENT FOR WATER RESOURCES INVESTIGATIONS ." (ii) CONTRACT Wl11i POWER EQUIPMENT COMPANY IN 11fE AMOUNT OF $69 ,300 INCLUDING OPTIONS FOR 11fE PURCHASE OF A FRONT END LOADER. (iii) COUNCIL BIU. NO. 33 , INl'RODUCED BY COUNCIL MEMBER HAlllAWAY A BIU. FOR AN ORDINANCE AMENDING TITLE 7, CHAPTER 68, SECTION 6, OF 11fE ENGLEWOOD MUNICIPAL CODE 198S REGARDING OBS11lUCTING HIGHWAYS AND PUBLIC PASSAGES . ' ..... "' - • . I . • 0 • En&lewood City Council June 19, 1995 Pagel '· • • - (iv) COUNCIL BIU. NO . 31, INJ'ROOUCED BY COUNCIL MEMBER HA1llAWAY A BILL FOR AN ORDINANCE AU11iORIZING AN INlERGOVERNMENTAL AGREEMENT BETWEEN 1llE CITY OF ENGLEWOOD. COLORADO AND 1llE CITY OF urn.ETON, COLORADO W11H RESPECT TO 1llE FINANCING OF MEDIAN LIGIITING ENHANCEMENTS ALONG 1llE SOU1H SANTA FE CORRIDOR. (vi) RESOLlTTION NO . 43, SERIES OF 199S A RESOLlTTION APPROVING 1llE WAGE AGREEMENT TO 1llE COLLECTIVE BARGAINING CONTRACT BETWEEN 1llE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND 1llE CITY OF ENGLEWOOD FOR 1llE PERIOD OF JANUARY I, 199S lllROUGH DECEMBER 31, 1996. Ayes : Council Members Hathaway, Vonnittag. Wiggins, Habcnic:bt. Waggoner, Waldman. Bums Nays : None Motion carried. M Director Esterly presented a rcc:ommcndation from the Dcputmcat o( Public: Works to adopt a bill for an ordinance authorizing an inlerpfflUIICllla agn,cmcnt bdwecn the Sale o( Colorado DcpaJtmcnt of Transportation and the City of Englewood pertaining to the Santa Fe Corridor enhancements. Responding to Mayor Burns. Mr. Esterly stated that the agrccmcnt addrcacs Englewood's rcimbuncmcnt to the State of Colorado for lighting and median enhancements.. wbicb aR upgrades to the Sale's proposal . The contract aumitly under ClOIISidcration by Council prvvidcs for a coatribution from the cities to incrcasc the quality o( appcanlllClC ilCms on Santa Fe. He said dial lands:aping b the project will be addressed aa liOIDC time in the futuR with funbcr funding Rqlliled. He said dial lands:apiog will be pan o(the final phase olthe Santa Fe projects. since it is tied to the ~indcrmcrc Ind route. which was bumped by the Belleview/Santa Fe OYUpus project. Council Member Habenicht asked if the City bas had any sua:as in altering the schcdulc so tba& the landscaping and NavajolWindcrmcrc project can be clone concurrmt with the other phases. Mr. Esterly ltalcd that the City bas not )'Cl indicated to the Sale that there is a problem with the scbcdulc. He sugcstcd it might be approprialc to approacb the highway c:ommiaionc:r and district cngimcr during a study session . Ms . Habcnichl and Mayor Bums agn:al tba& the matter sboulcl be pursued. Mayor Bums cxpn:sscd cooccm thal budgeting will be a problem by the time the final phases oC the project aR undcnakco. Mr. Esterly agn:al that the fear is well-founded. He IUgCIICd lallbying our higbMI)' a,mmiaionc:r prior to the cod o( the IUIIIIIICI'. Mayor Bums agn:al. Changing the subject. Mayor Bums asked for Mr . Estcrty's COIIIIIICIIII rqardiog the King Soopcn parking stnK:turc and whether it is modular and can be disasscmblcd ralbcr than clcstroycd or knocbd clown . Mr. Esterly rcspoodcd tba& he is DOI involwd in that project. City Manager Clark said he expects to ra:icive informalion from Mana,er oC c-uuty Scmca Blumenthal rqarding the King Soopcrs project. which be will relay IO Council . ' ' ,- • . I . • 0 , • • Ea&lewood City Couacil June 19, 199!1 Pace4 • 0 I~ • Mayor Bums asked for fwthcr commcnlS and questions regarding the c.ouncil Bill, and, bearing none, called for a motion . COUNCIL BILL NO. 32 , INTilODUCED BY COUNCIL MEMBER HAlllA WAY A BILL FOR AN ORDINANCE AUlliORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 11fE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AND TI1E CITY OF ENGLEWOOD , COLORADO PERTAlNlNG TO TIIE SANT A FE CORRIDOR ENHANCEMENTS CONTRACT. COUNCIL MEMBER BA TBA WAY MOVED, A.ND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (v) -COUNCIL BILL NO. 32. Motion carried. Ayes : Council Mcmbcrs Hathaway, Vorminag, Wiggins, Habenicht, Waggoner, Waldman, Bums Nays : None • •••• COUNCIL MEMBER BA TBA WAY MOVED, A.ND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS 10 (II) (i). THROUGH (iv) ON SECOND REA.DING. (b) Approve on Second Reading (i) ORDINANCE NO . 25, SERIES OF 199S (COUNCIL BILL NO. 26), INTilODUCED BY COUNCIL MEMBER HATiiAWAY AN ORDINANCE ESTABLISHING TIIE PERMANENT APPOlN"JMENT OF SIX SAFE1Y SERVICES FIRE ADMINISTRATIVE POSmONS OlITSlDE 11fE CLASSIFIED SERVICE OF 11fE CAREER SERVICE SYS'ffiM . (ii) ORDINANCE NO. 26, SERIES OF 1995 (COUNCIL BILL NO. 27), INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AU1liORIZlNG AN EX'IBNSION OF TIIE CURRENT TELEVISION SYS'ffiM PERMIT . (iii) ORDINANCE NO. 27. SERIES OF 199S (COUNCIL BILL NO. 28), INTilODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUlliORIZING AN lNTERGOVERNMENT AL AGREEMENT BETWEEN TIIE CITY OF ENGLEWOOD. COLORADO, SOlITH ARAPAHOE SANITATION DISTRICT. ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS. SOlITHGATE SANITATION DISTRICT, WASTE MANAGEMENT OF COLORADO. INC .• AND SOlITH ENGLEWOOD SANITATION DISTRICT NO. I , APPROVING 11fE TRANSMISSION OF WASTEWATER ORIGINATING AT TIIE COUNTY LINE LANDFILL . (iv) ORDINANCE NO. 28, SERIES OF l 99S (COUNCIL BILL NO. 29), INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUlliORlZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TIIE CITY OF 11iORNTON, COLORADO AND TIIE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF 11fE CITY OF ENGLEWOOD 'S ROTOMILLING SERVICES TO TIIE CITY OF ' • ...... •. I . • 0 • l.a&kwood City Council June 19, 1995 Paces ·, • • • lllORNTON FOR SAND/SALT, HOT MIXED ASPHALT, OR CRUSHED AGGREGATE MATERIALS. Ayes : Council Members Hathaway, Vormiu.ag, Wiggins, Habenicht, Waggoner, Waldman, Bums Nays: None Motion carried. 11 . Onli.a-, llaohltioll, ud Modou (a) Appl'CM: on First Reading (i) Planning Adminillralor Stitt praented a recommendation from the Board of Adjustmcnt and Appeals 10 approve, by motion, a home oa:upation use variance. He explained on May 10, l 99S the Board of Adjustment and Appeals IXIIISidcred a use variance application 10 permit the operation of a manicuring business as a home oa:upation. 1bc applicant CWTCntly operates a daycan: home as a home occupalion and WlllllS 10 change oa:upationl 10 manicuring, which is amsidcred as CXISIIICIOlogy and as such is prohibited as a home ocx:upatioo . As the applicant's property is zoned R-1..C, City Council is required to rmcw the variance request, in addition 10 the n:vicw by the Board of Adjustment and Appeals. Mr. Stitt advised that Council shall rmcw the record and written decision of the Board 10 dctcrminc if the variance a,mplics with the requiRIIICllls of the Comprehensive Z.oiling Ordinance. Council Member Habcnicbt questioned the applicant's plans 10 phase-in the manicuring business wbilc continuing 10 operate a daycan: home as shew a,ocancd about items such as maniaaring fluids sitting around. Mr. Stitt explained that tbc applicaol lias llated dial she will DO( be CIDDducling the manicuring business, if it is approved. during the hours that she is operaliag the daycan:. Council Member Habenicht stated she feds rally UIICOIDfortablc 10 ~ any kind of phase-in OD this . Mr. Stitt advised that the applicant indicated she will do maoicwes in the evening if she caoooc make the clean break from one use to the other and that she is illlClalcd in making the transition as IOOII as possible . In raponsc 10 Council Member Habenicht, Mr. Stitt stated that be is unaware of any other daycan: homes that operate other home oa:upations. He added that be suspects if they do they would be DIOR ol an office type 111C 10 thal it would not intcrfm: with the provision of child can: ICMCCS. Council Member Waggoner asked if she will be IUlriclcd OD her hours of operation. Mr. Stitt advised that home ocx:upatioo provisions specify that the hours and manner of operation be such that it docs not interfere with the pcaoc, quid and dignity ol the neighborhood. lo raponsc 10 Council Member Waggoner, Mr. Stitt vcrifJCd that tbc applicant will not opel'llle the businesses at the same time . Council Member Habcnicbl questioned if tllcn: arc any lcpl aJllsidcnliolll or rauictions in tau. of this conaarmit use with a licensed daycan: home . City AIIOracy Broumaa llated thcR arc DODC other than those addn:sscd by Mr . Sliu . Mr. Stitt advised that the applicant 's addras is 01 Easl Girard Avenue. • ' "' - •· • 0 • l.a&lewood City C1N1ncil JuH 19, 1995 Pace6 '. • • • Council Member Waggoner queaioocd whethcr tben: will be more uaflic generalCd by a manialR ~ as oppc-s 10 a claycaR bome. PlanniJlg Adminillnlor Stitt dilCUlled bolb bome cxx:upaioa scenarios, aJDCluding that feasibly traffic wiU~nthe-. C.ouacil Member Halhaway DOied that the applicaal docs blvc enough off-stRlel parting al that particular localioo bccallle of the size of her lot. C.ouacil Member Waldmall expreaal C1011CCn1 dial Council aeems IO be re-bearing the case as it is bis Ulldc:nlandillg that Council is oaly IO review wlldla the Boanl ab8em,d the ndiDp of the variance. Mayor Burm felt dial is a,mlCl wl --for darificalioa rr-Cay Aaomcy Braaawa. City Attorney Brawnan Uled C.ouacil Member Waldmu is aimd. Mr. 8l'CIUlllall explaiDal that tben: UC teD cmdiliom dial die Boanl of .......... wl Appeals Iliad IO find liace lllis is a 1* variance. He pointed CJUI that Council is basically liUiJt& as a appdlllc body IO make IUR that the Boanl rmewed each of the ICD alllditioas and found that dais applicul IIICds all of lholc ICD alllditioas. Rc:spooding 10 Mayor Bur1IS, City Attomey Brotzmu amfirmed that Council can review the Board's Findinp of Fac:1 and minula in order IO make their ddcnninalion. PlanniJlg Adminillnlor Stilt explaiDal proccdura followed by the Board of Adjusbnenl and Appeals as they review a '* variance. Generally, he llaled, the Findinp, in conjunc:lioa with the llaff report and Board minuta, will indicate that aU aJllditioas -clilamcd. Additionally, the Board IIIUll addral in the Findillp u:la things as the rac:t dial die plllllic hcarina -iaitiated by a apec:ific: applicanl. that the pCllling wl publication MR CIODduCled praperty wl dial apec:ific: individuals lellified one way or the other. He DOied that -filldinp uc ~ ~ padicululy the Id fiDding Wider the 1* variance 1Whicb llipulalcs that lllis Im lO be die oaly '* '° 1Whicb you can put the pnipcny. HoweYer, in dais case it docs DOI apply in quite die -'MY bccallle dial is ,-.ally COIIIUUed IO apply IO prillcipal 1115. Rcsidcnc::e is a principal '* in R-1-C . He explained that dais would be considered a lCIIXllldary or subordinale '*· Mr. Stitt llaled that die Boanl feds that the impact ,-ralcd by a manicuring business would be DO gralCI' than lholc generalCd by a daycue home. And they look into considclalion the fac:t that the 1* variance provisions UC taiJond 10Wanls principal 1111:1 and DOI IICCCIIOI)' or ICIIXllldary 1115. Also, the Board addreaed other alllditioas aboul the lcul impacting type of variances. Mr. Stilt advi.t that the neighbors that presenlCld tali.-y -mcrdy ClOIICCl'IICd aboul the traffic and the type of business. Council Member Habenicht expreaal COIICCl'II that the neighbors UC clialomf'orlCld and qucllioaed whether it is appropriate for her 10 addras the phasing of oac business 10 anothcr. City Attorney Brotzman stated it is appropriate and that one of the alllditioas of a llfllight variance is how it impacts the neighbors . Council Member Waggoner pointed out that the variance, if gran1Cld, IIIUll DOI advenely affect the adjacent property of the neighborhood . Council Member Waldmall advilcd that it is DOI nccaarily that the neigbbors think that it will affect them but it is whether the Boenl. after weighing the neigbbors opinions, thiau that it will llMl'lely afl'cct them . Council Member Hathaway and Council Member Waldmall dilCUlled the fact that only one neighbor pn:aClllcd tcllimony and 011C leltcr WIii rcceiYcd into the -.i. ' .... • . I . • 0 '32xl ]- • • EacJewood City Council June 19, 1995 Pa&e7 • • , . • Council Member Waldman fdt that the neighborhood is DOI IICICCSSUily that mucb of a residential neighborhood at this point. He queslioocd bow much of an impact the manicunDg business will have on the neighborhood as csrentially one pc,-al a time can be ICIVic:cd in a businca like this. Council Member Hathaway noted that she rcspcas the fact that the applicant advised the Cily of her intent • she could have done it without advising the Cily. Mr. Stitt stated he fdt this type of businca is not really the issue with the neighbors, that they are more concerned with parking and traffic in general. In RSpOIISC to Council Member Habcnicbt. Mr. Stitt a,aflJIIICd that Council will be approving the granting of a variance that will allow two oca ... ioas to take place al this home. Council Member Waldman added that -specifJC:ally Council will be saying that the Board did not err in their Findings of Fact and that the Board obserwd the ten a>nditions for granting the variance . Mayor Bums Slalcd Council is really sitting like an appeals coun and should not try it all over again. Mayor Bums. rcprding Mr. Waldman's rcmart thal the aRa is DOI much ofa residential neighborhood, shared the bistoly of the aRa. He Slalcd that SMldisb llllclllptcd to change that neighborhood over a period olycan, which they never aa:omplisbcd. ~ years ago Swedish Medical Foundation essentially IIOld 22 silCS to the Housing Authorily. The silCS were either rehabiliwcd, torn down or new houses were built. Mayor Bums staled that the neighborhood has been n:gencraled as a residential neighborhood and ii is going lo remain thal way . Cily Manager Clark noted thal cosmetology is not pcnnilted in this paJtiaalar zone district . He ukcd if this variance is granted if ii will set prcccdcnce for similar use variances of this nature in the fulure . Mr. Stitt llalal thal the Board does DOI opcrlllC Oil prcccdenl and CYCI)' CUC is lakcn OD it's OWII merit He Slalcd thal he goes to pal lengths to explain to applicants that whether a similar cuc -grulCd or dcoicd has no bearing on their variance, that the applicant 1111111 make their cuc and IIICICt the ClOllditions and then the Board rules aaiordingly. Discussion CIIIUcd . Cily Manager Clark questioned that. as the Zoning Ordinance prohibits cosmetology within the residcntia1 zones, thal by granting variances over a period of time will • have chiseled away against thal standard. He asked how thal squares with the original lmanl of the ordinance restricting cosmclology activities. Mr. Stitt agreed thal is a problem. He Slalcd that one of the things thal he poinled oul in the Staff Report is the original prohibition of these types ol uses -bucd OD the fact that the Stale licensing rcquircmcots prohibiled lhern in homes. Nol long after the Cily adopted that ltandanl the Stale changed their regulations so thal thcy do now pcnnil thole in homes. And bucd OD that, ii_ 11aff', feeling thal since thal was the major crileria by which we chose to prohibil thole mes that maybe ii -our ordinance thal nccdc:d changing. Mr. Stilt hcsilaled lo gel inlo the proposed amendments to the home ocalplllion provisions bul he did stale he feels the Cily does need lo lake a look II our regulations in lighl of current rcalily. If, as a rcsull of citiu:n inpul, Council delennincs that this should remain a restricted use then that policy will be adhered lo by the Board. Cily Manager Clark asked if the Cily is inadvcrlenlly, through granting a series of use variances, conducting ad hoc legislation which is really in the power of the Planning and l.oning Commission and Cily Council. Mr. Stilt agreed and staled 1ha1 is why the UK variance crileria is so tough. becaUK ii amounts to a rezoning. He stalccl 1ha1 in this pan.icular cuc he spoke with thii applicanl approximaldy two years ago ' ...... - I • • 0 1 • • • Englewood City Council June 19, 1995 Pagel • 0 I • • ... and staff recommended that she wait to submit a usc variance until staff submitted the proposed amendments to the l.oning Ordinance to the Planning Commission and Cily Council for review . Council Member Waldman noted that when the Board of Adjustment and Appeals bears similar Rqucsts cm:r and cm:r again they tcod to rdcr the raiucsts back to the Planning and ZoaiDg Commission for review. He llaled that. from bis expcricncc on the Board, personality sometimes changes the opinions about oertaio islucs. And, be llaled, sinc:c the Board -QOIISidcrs precedeoce he questioned whcthcr tberc will _. he a case icleotical to this one with the same localioo, amenities and pawd lot. He said he docs not feel tberc is really a precedence to be alllSidcred in this case. Mayor Burns llaled that legally the Board cannol Cllablish a pRICCldenc;,c as the variance procedure docs not allow for it. Council Member Habenicbt. ~ thal the issue may no( be appn,priale to this discussion, pointed out that both the Council's and Ci1y Manager's goal is to improve and upgrade the Ci1y's housing stock. She wondered if approving this usc variance is consistent with the vision. She stated she is very tom at this point because her heart says yes. but her mind keeps saying she must be very thougblful about what they arc approving and why. Ms. Habenicht reiterated that she docs not feel clear or comfortable with any \'Ole at this poinL Council Member Waldman llaled that usually a variance goes with the property, but as this is a cosmc:tology usc, which is a licensed occupation, he questioned whether it will be going with the applicant only, rather than the location. Mr. Still staled it will not. unless that is a specific finding or specific condition imposed by the Board or Council. Cily Allomey Brotzman clarifacd that Council cannol add additional conditions. Council can approve or deny the use variance n:qucsl and that is all as · is sitting as an appellate body 10 ddaminc if the ten conditions baYC bcca met. In rapomc to Council Member Waldman, Ci1y Attorney Brownan confirmed that the approval ol this USC variance will be rccordal with the Arapahoe County Clerk and Recorder . Planning Administralor Still concurred that the decision will be recorded in this case because it is a use variance and future property owners can operate as a manicurist. Mr. Stitt. in response to Council Member Waldman, stated that the usc variance will show up in a title search as it will be recorded against that property, but nol in the deed per SC . Council Member Habenicht asked for confirmation that the Board ol Adjustmcn& and Appeals believes that this variance, if granted. will not advendy affect the adjacent property ol the neighborhood and that the proposed USC is the least tnff"IC intensive USC possible which will permit IOIDC reasonable USC of the property. Cily Allorncy Brotzman stated that is what Council is charged with, that Council must determine from the Findings and minutes that the Board acted appropriatcly. Disamion cmued. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE BOARD OF ADJUSTMENT AND APPEALS CASE NUMBER 5-95, HOME OCCUPATION USE VARIANCE -AGENDA ITEM 11 (a) (i). Ayes: Council Members Hathaway, Vonnittag. Wiggins, Habenicht. Wagoner. Waldman, Bums Nays: None ' ...... ,. - •. I . • 0 , - • Ea&lewood City Cou11eil June 19, 1995 Pace9 Motion carried. • • • ... (ii) Planning Administnaor Stitt pracnlCd a recommeodation from the Dcpanmcnt of Community Development to adopt a bill for an ordinance amending the Comprehensive l.ooing Ordinance rdalive to Home Occupations and to schedule a clale for a public bearing on this issue . He noted that this bas been an issue for approximately two years . City Council bdd a public bearing on the proposed amc:oclmeots in November of 1994 and ranandcd this issue to the Planning and l.oning Commission for additional review, to scbcdule a public bearing and repon back to Council by June of 1995 . The issue that came up was the types of home occupllions that should be permitted in the R·l·A zone and al the time that the Planning Commission originally bdd their bearing there were really no comments to that dfcct. Rcsidcols did show up at the Council public bearing and made their views known. Mr. Stitt advised that the Planning Cnnmissioa, based on Council's dircctioa, adYertiscd the public bearing in bodl the Englewood Citizen and Englewood Herald. Four options for CXllllideralioa by the Planning Commission were prq,ared by llafr, thole options being, I) RICIOIIIIIIClld adoption of the amcodmcnts as originally proposed to Council by the Planning Commission, 2) amend the regulations for all Districts as originally proposed. cxa:pt for R-1 ·A. which would have limited type and number of home oa:upalions. 3) amend the proposed n:gulations for all Districts as originally proposed. cxa:pt prohibit home oa:upalions in the R-l·A .lone Dillricc. 4) recommend that there be no amendments made to the home occupation regulations. He advised that the Planning Commission, after receiving testimony in a public bearing, rccommcnds that option 2 be approved by Council. Option 2, he pointed out, restricts the type of home oca.,ations allowed in R·l·A. and allows the amendments pertaining to the other residential zone districts. This option llalel that home occupllions in R-1-A shall be reslridcd to professional offices as defined in the Englewood Municipal C'.odc and there shall be no ~o-facc contact with clients, customers or the public at the location of the home occupation. Council Member Halllnay asbd if the Planning Commission aJIISidercd all the testimony that indicalcd citizens did not abject to any ~ invisible business. Planning Adminis1ntor Stia a.ed that is a diffiaalt qllCltioa as the citizens an: basic:ally asking the Pluaillg C-iwion, and ultiamely c.a.cil, 10 tum a bliDd eye 10 all thole busi F dill are c:aaaliy illcpl. Alld the Planning Cornmillioa laad a bani time witla that . TIie Planning CommiMioe ddcraiaed that if the City is p,ing to have rqulations on the types of busi-they m1m be c:onsillall. Mr. Stitt acknowlcdpd that from a practical candpoi!II there an: home oca.,..ions in the R-1-A. Gaienlly, bc noted. cnfonzmcnt occurs on a complaint buis. He ClOllcludcd that the problem is, if the City • a polic:y says we will tum a blind eye to thole that cxic because they an: not causing any problems. we an: admitting that they cxic and not cnfOICing the ordinance as it is written. Mr. Stitt llalCd he bas a prublcm with that . Council Member Hathaway asked City AUomcy Broezman if there is a way to clarify the definition slightly to cliff"craitiatc bdwccn a home oft"IClC and a home oca.,..ion SIie DOied thal -citizens testified that they will tolerate the pc,-that docs nothiq bu(~ a a,mpulcr, which is basally a home office type of business. Ms. Hathaway poinlcd OUl that Council~ that thcac busillCIICS exist, jusl u Mr. Stitt llalcd, but Council has not a,mc up with an dl"cctive way to deal with that fact. She noted that unless the City cracks down on cnfORlCIDCIII they will still cxic rcpnllcss of whal Council docs. City Attorney Brotzman llalCd that nothing in the proposed council bill prohibits anyone fna bringing wort home and womng OIi it. The pn,blcm occurs when citizens do not have any other location thal they wort from . Council Member Halllnay Calcd that is wllal Ille is lllkiaa, if dlcR is a way 10 diffaaltialc .._ a home oft"IClC and a home OCCl.,..ion . SIie c:ilod u cumplc of if lbc WCR 10 1'1111 a publicalion OUl of lier home from a a,mpulcr and did IIGC llavc aay Cldlcr office loc:llioa . ,,, - I· • 0 , - • Ellpwood City Council J•ae 19, 1995 Pase 10 • • • City Attorney Brotzman staled that would be a home occupation . CounciJ Member Hathaway Slalcd she understood lhat, but asked again if there is a way to differentiate belwccn the home offic::c and home occupation. City Attomey Brotzman Slalcd that the rqulations al this time in the R-1-A related to professional offices a,mcs the clolcst to addressing Ms . Hathaway's concem. Mayor Bums poiDled out that you canno1 pick up a magazine any more without an anicle on home oa:upations, especially associated with computers. CounciJ Member Halhaway agreed and DOied that IClilimoay n,c:,ciwd aa CounciJ 's public bearing on the issue indic:atcd citizens do DOI mind the neighbor IUlllling a tm'd agency out ol their home, but objecled to other oa:upations. She DOied ii is a -yeiy tenuous silllalioo as citizens do DOI mind their neighbor aJDducting a home oa:upation OD one hand, but OD the otber band they want the City to enforce the restrictions. Mayor Bums staled that there are pcoplc like apprailcn !lull WOl1t OUl oltheir home exclusively, but lcavc their premises to llpplllisc IOIIIClhing so they are operating there business 11111 ol their home. Council Member Vormittag staled be likes option number 2 . Mayor Bums DOied that Council· s task tonight is 10 VOie OD the initial approval or the proposed council bill and scbcdu1c a public hearing. Council Member Waggoner staled be feels that ifappnMd, allowing home occupations in the R-1-A zone will delcrioralc that District . The rqpa1ations as propcllled. be feels, will be diff'IClllt lo enfora:, i.e . the ability to pnwe illClaled traffic. CounciJ Member Habeaic:111 staled thal llaO' and Ille Planaing C-,,.illion have done an ClUldleal job ol addRsling Ille issues. She feels thal CounciJ Member Hathaway's qucstioll repnling the ability 10 difl'crcntiale ~ a home oft"ICC and home oa:upalion is p:rmaoc to this issue and Im ltill DOI bceo addra&ed. Ms. Habcnicld DOied thal she Im IUlei\'Cd a number ol phoDe calls and visits from citizens in the R-1-A zone who are expn:aing the same concems that Council Member Waggoner addra&ed. She said she will VOie yes on approval ol the council bill, but will be listening carefully al the public hearing, as she feels this is an extremely impOl1ant decision . Council Member Wiggins agreed with Council Member Waggoner's aJIIIIIICIIIS . He cited bis penona1 experience with a home occupation (a Ooor rq,air maintenance business) in bis neigbborhood. wberd,y another neighbor complained and code enforcement bas pcn them 1 S days to case and desist . They just recently bought the home, have decided they want to continue the business and have put their home back OD the market . He reiterated that be concurs with Mr . Waggoocr's stlfffll«'D's and will be \'OCing against the proposed council bill . Mayor Bums staled be agrees these are importanl issues and be also bu alllCCrllS especially reprding increased traffic aa:essing the residences . He said be will VOie in favor or the council bill in order 10 have a public hearing on the issue . The City Clerk was asked to read Council Bill No . 2S by title : COUNCIL BIU. NO . 2S, INTRODUCED BY COUNCIL MEMBER HATIIA WA V A BILL FOR AN ORDINANCE AMENDING TITI.E 16, CHAPTER 4, OF TIU: ENGLEWOOD MUNICIPAL CODE . 198S , REGARDING HOME OCCUPATIONS . ' ' "' - .. I . • 0 '32 x l • • • • • . ' • Englewood City C:O.acil June 19, 1995 Pa&e 11 COUNCIL MEMBER BATHAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) fli) • COUNCIL BILL NO. 25. Ayes: Council Members Halhaway, Vormiuag, Habenicht. Waldman, Burm Nays: Council Members Wiggins, Waggoner Motion carried. Council Member Halhaway ubd about a public beariDg date. City Clerk Ellis stated that August 21, 1995 will allow for the IIOlic:e of public bearing to be publisbcd in the Englewood Citizen and Englewood Hcralcl. COUNCIL MEMBER BATHAWA Y MOVED, AND IT WAS SECONDED, TO SET A PUBUC BEARING CONCERNING HOME OCCUPATIONS FOR AUGUST 21, 1"5 AT 7:38 P.M. AT THI. REGULAR CITY COUNCIL Ml.I.TING. Council Member Habenicbl qUCSlioncd. as this is an extremely volatile issue and a lot of people may be oo VIIClllion, wbethcr ii would be better to rchcdulc laler. Council Member Halhaway poinlCd OUI that August 21, 1995 allows for publicalion in bod! the Englewood Citizen and Englewood Herald and that a citizen can submit a lcltcr lo be CDlcrcd into the record if they arc unable 10 attend the public hearing. Voce raulta: Molioo earned. Ayes: Council Members Hathaway, Vonniltag, Wiggins, Habenicht, Waggoner, Waldman, Bums Nays : None (iii) Manager Slowe prac:nled a rm,mmc:ndMioo from the Utilities~ to approve. by molioa, lbe purchase ol a four wheel dme fnllll loader from Power Equipment Company in the amount ofS62,570.00. City Manager Clart Slalcd that normally this would have appeared under the Consent Agenda. ~. as the bid came in over the line ilem budgcl, ii was listed under the regular agenda. Mr . Clark Slalcd Slaff is rccommending approval of this purchase. Manager Slowe advised lhal S55,000 was budgclcd for this purchase in 1995 bllcd oo an Cllimalc from one of the bidders. The final bid ofS62,570 is S7,570 ovcr budget. Mr . Stowe explained that there arc funds available in the Utility Dcpartmcnl budgd as the Mee,-piping CX1emion Im bclCII pallpODcd until 1996 due lo the wet wcalhcr and unc QICIDCIII pniblcms. In rc:spoasc: to Council Member Hathaway, Mr. Stowe COllfinncd that this pwdlale will not advcncly impact the budget for 1995. COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE THE PURCHASE Of A FOUR WHEEL DRIVE FRONT LOADER FROM POWER EQUIPMENT COMPANY IN THE AMOUNT Of 5'2,579.IO. Ayes: Council Members Halhaway, Vonniuag, Wiggins, Habcoicb1, Waggoner, Waldman, Bums Nays: None Molioo carried. (b) Approve on Second Reading ..... ... I . • 0 , • Ell&kwood City CCNancil Juae 19, 1995 Pqe12 .. • • - There were no additional items submincd for approval on second reading. (Sec Agenda llem 10 -Consent Agenda.) 12. Geaenl DiKUlioe (a) Mayor's Choice I . Mayor Bums DOied dial Council bas rccciwd a pn!pllCld bud,i:t for bis aumdance al the CML Annual Conference . He rcqucsaed Council approval ol$1116.40 for bis Coaferalce expenses. COUNCB. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE SUDGET FOR MAYOR BIJllNS' ATl'ENDANCE AT THE CML CONFERENCE IN GRAND JUNcnON IN THE AMOUNT NOT TO EXCEED $116.48 Ayes: Council Members Hathaway, Vormittag, Wiggins, Habenicht. Waggoner, Waldman, Bums Nays : None: 2 . Mayor Bums CIICOUlapd Council 10 oCfa apccial n,c;,ognition IO the cmploycc:s who worked SD diliply during the RICClll flooding which oa:um,d al City Hall. Council Member Wiggins aaggaled CGuncil send thank you letters under the Mayor's signalWC. Mayor Bums~- (b) Council Member's Choice (i) Council Member Habcnicbt Slated she bas also dislributed 10 Council a buqd for her ........,.nee al the CML Annual Conferalce in Grand JUDClioa ia the_.. olSl76.40. SIie rcquesaed Council approval . COUNCB. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPllOVE COUNCB. MEMBER BASENICIIT'S EXPENSES ma A~ANCE AT THE CML ANNUAL CONFERENCE IN GRAND JUNcnON IN AN AMOUNT NOT TO EXCEED Sl7UI WITH THE ASSUMPTION THAT TIIERE WILL BE A CHANCE TO TRY TO LOWER THOSE COSTS IF POSSIBLE AND TBA T TIIE DIFFERENCE IN COST BETWEEN COUNCB. MEMBER HABENICHT'S AND MAYOR BURNS' IS BECAUSE OF THE ATl'ENDANCE OF A DIFFERENT DAY AT A DIFFERENT SEMINAR OF THE CONRRENCL Motion carried. Ayes : Council Members Hathaway, Vormittag, Wiggins, Habcnicbt, Waggoner, Waldman, Bums Nays : None: (ii) Counc:il Member Wiggins DOied that bis neigllbors in the ua by BcllcYicw Part an: experiencing brown wata in the early morning hours. which immcdialdy clean up . He asked Manager Stowe: if the City has rccciwd complaints and wbal mighl be causing the problem. Manager Slowe advised lhal lherc ha\'e been a few complaints. which an: pn:ay localiZICd. He IIIICd that llafr is attributing the brown water IO tbc WCI wca&hcr 1l'C an: cxpa ieacing. As Waler 111C bas Raained Rally low and is now picking up this is IO be cxpcclCd . However. be DOied that if it docs IIOl dear up by ncx1 week tbc water distribution crew will probably go through and Oush the ~ apia 10 dcu die sySICIII OUI . ' .... • . I . • 0 , I • • • <. (Iii) CowM:il Member Vormillag CIO!Dmeneed dial lhc owner m lhc pnipcrty • 4801 Sclllllt ~ Sb.-m sloMd cloWD C111 -'aag aa it. He requested an updllc oo lhc silualioa. (iv) CowM:il Member lfllllaway ......... IWHlown. COIis -=ialCd nil die .-1:ap1 pnipcny _, die pnipcny •die......_. -mEaglcwood Pamway u11 Bn1a11way wllicll die City--· SIie IIMDd dial 111c ...... ID"-' die amal alll5 UICludiag origiul padlaR prica. ...«ilcicws, eai S x, ldwlb '¢acd CIC. and ifdle Cily Im uy iaatioa mldlillg die jNupeni,cs ill die -1111n. 13 . Clly Maaaaer'• ... (a) City M-., <ladt IC. I 1 1 dlll c..cil llald aD EJ1i11a11M ScaiCJa • die DeXl Ddy lClliclll 1D6-Ci11m:lla City.._. He .... ii• plewd widl die-..--.....-. 14 . Clly~··ae,en (a) City Allanley ~ llaled dial C.-:il .... uwe nai¥od a a.,•• old policy qanlilll die ................ mCity pMb. He 1c. I M dial die~ be IClll mc:k ID die Pa1b aad lteaalioa Ca •· CowM:il Mcallcr Hadlaway IIMDd 111c oriplally lllnlllpl Ibis ~ up a Ille wuted ID iJnmlize die policy. SIie lliply ... 1 , .... C.cwil ..t ii lack to die Pub ud RocialioD Commislion 15. AAQan,u1· . . • . .. I . . 0 I J~- • . ~ • . . AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL JUNE 19, 1995 7:30 P.M. 1. Call to order. rJ J5 ~ 2. Invocation. ~ 3. Pledge of Allegiance. ~ 4 . Roll Call. tilt._ I/~ 5 . Minutes. ~ ?-O a . Minutes from the Regular City Council Meeting of June 5, 1995. ~ 6. Scheduled Visitors . (Please limit your presentation to ten minutes.) 1Y 7 . Non-Scheduled Visitors. (Please limit your presentation to five minutes.) ff 8 . Communications, Proclamations, and Appointments. 9. A resolution ~J!PVOinti!'~ !"lorleen Norden to the Englewood Housing Authority .~ · Public Hearing. (None Scheduled) ;- /Jhlld 10. ,r ?-o Con!' Agenda. !J/UWS /tlU..£0 ITt/11 I~ a. I/ FR/)lt_ .~ -~ ~ Nu:t::LJ1/'lu NMrM~. ~/Ii~• _d/:«.4 /04..t)l/1 /111 I~ fl • a· .. -Approve1>r<"'=(rsl ~eachng . "7r·~ i. Recommendation from the Utilities Department to adopt a bill for an ordinance approving the proposed Joint Funding Agreement with the U.S . Geological Survey for operation of a stream flow gage at South Platte River near Union Avenue. STAFF SOURCE: Stewart H. Fonda. Director of Utlldes. Plwe ..-: If you haw • ......, wl ..... ...., ............... llllllly .. CJly., ( -··-(761.Dntal ....... houn in..__ al ..... ____ ....._ n.11 ,-. .. .... ' .. I . • 0 City Councl Agenda JI.-19, 1995 ..... 2 I ~33 (!_l,IJ,-3 )._ 'ffd'l-0 • . ,. • (. Recommendation from the Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of a front end loader. Staff recommends awarding the contract to the low bidder, Power Equipment Company, in the amount of H9,300. STAFF SOURCE: Jim Tallent, OperalicN• Dhlillon ........ iii. Recommendation from the Oepanment of Public Worts to adopt a bill for an ordinance banning street hawkers in Englewood.· STAFF SOURCE: Charin Eat9rty. Director of Pubic Warila. iv. Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with Littleton for Santa Fe Lighting Enhancements. STAFF SOURCE: Charin Eataly, Director of Pubic Wmb. v . Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Colorado Department of Transportation for Santa Fe Lighting Enhe~ ~~T_Aff_ SOURCE: Clwtaa &twly, Director of Pubic Warila. ~Lf ,, - vi. Recommendation from the Department of Administrative Services to adopt a resolution approving an amendment to the Collective Bargaining Contract with the Englewood Police Benefit Association for · 1996. STAFF SOURCE: Randle L. lal1hlome, Director of Administrative Services. IIW,/} fJ-0 kl., RJ!~v:_0 ~~ /()f,.,/1 ii iit IV 7( ~ '1~ncil Bill No. 28, allowing l[;i.-appointment of Fire 6i~ A h ~ . .JI.. ~ adm!nistrative positions outside the classified service of the career U-l#--~ ,<:::, service system . ii. Council Bill No . 27. extending the current Cable Television System Permit on a month-to-month basis. iii. Council Bill No. 28, approving a Wastewater Transmission Agreement between South Arapahoe Sanitation District, Southgate Sanitation District, Arapahoe County, the City of Englewood, and W•te Management of Colorado, Inc. iv. Council Bill No . 29. approving an Intergovernmental Agreement with the City of Thornton for rotomilling services in exchange for goods provided by Thornton. Plwe naee: If \'OIi hne a tlallilly wl ... ...., .............. Mllfy .. Qyel T a1 Nllou-nMII ....... houninadvac:eol ...................... ,... •. .. I . . 0 I ] • ,,,, - • - r.tty Councl Agenda June 19. 1995 ,Page3 11 . Ordinances, Resolutions, end Motions. a. Approve on First Reeding. Recommendation from the Board of Adjustment and Appeals to approve, by motion, a home occupation use va~,nce. STAFF SOURCE: Harold Stitt, Planning Adn•llatl•tor.!;'~ ,t 1J. JJ. ~ ii. Recommendation from the Depanment of Community Development to CG P-~ ; . 1 adopt a bill for an ordinance emending the Comprehensive Zoning -:.J -""-Ordinance relative to Home Occupations and to schedule a date for a UJ fjq~~ public hearing~ ~AFF SOURCE: Harold Stitt. P1ani•1111 #i!,fiolJU i 'nl»IID &alllliatt•tor. '77"6 • ~,._,_YMIIIIIBIT08El'APU8UC ONlMSISIUE ..... OCCla>AllCllat .. IGIISTl1ST~.-pa • 12. iii. Recommendation from the Utilities Department to approve, by motion, the purchase of a four wheel drive front loader. Staff recommends awerdi'IIII the contract to the low bidder. Power Equipment Company. in the amount of t62~~-.~~AFF SOURCE: 81awat H. F_./J/OJIJ~ SllJI,/£. ........ u ...... '~ b . Approve on Second Reeding. General Discussion. a . Mayor's Choice. b . Council Members' Choice. NA'INMMYMIIIIIBIT0 ...... 11-IC ..... 13. City Manager's Report. U 1111 ... A~ATlNEaLW. case 1cl!•--...,..••M11M1r IDl'TOl-=aD ...... IIIIN1NE ........ lNAT ...... .,_.ACl-=eTO'lllYTOUIIIIBI 1ND1iecana•,.._.-1NAT1NE a. Redevelopment Report on Cillderella City. 14. City Attorney's Report. us 1c1•cana,-1 ... 1c.tSn -W'aacwa, 1NEAT1BDIN:I CIS'AWI affMYATAWS LffW C15'1NECGW1!1I ICI Adjournment. g·tj.J~ The fo~es were transmitted to Council from 08103/95-08/15/95: • Englewood Parks end Recreation Commission meeting of May 11, 1995. • Englewood Liquor Licensi'IIII Authority meeting of May 17. 1995. ..._ ..-: ff,-llaw • lillllllllty • .... ...., _.•---.,.._.....,, .. City_, f ' • • OU-U11t 11 ...... ._.. .. ~ ..................... ,... ' • . I . • 0 , • • . :. • ENGLEWOOD CITY COUNCIL ENGLEWOOD. AllAPAIIOI: COUNTY, COLORADO l. Call• Or*r 2. 1M 11 3. ,W. fl Ahlieett 111c PledF fll AHe,ieme w led by Mayor.,._ 4 . ..Call PJ-1: c-il Melllben Hadlaway, W....._ Wigim, lllbclliclll, VormiJla&. w..-.. Buns Ablent: Nolle A...--prelClll. Abo present: City Manlpl" (]adt City Aaoracy a.- Deputy Cily an Clldc blballiaaS,..MwFrMlllwick Mwpr fllC ·:, S--Bl ti a.iam • C ·:, OIJIJwll o.,·,.,, Gluier Amil& Dinlclllr e.rty, C ·1y Delw. 1lal ,-• A....-Cily A111neylllid 5. MINlel (a) COUNCB. MUDD BATBAWAY MOVED, AND IT WAS S&CONDU, TO Al'PROVE TBE MINU1U or TIii: UGUIAll lllUTING OP MAY 15, 1"5. Ayes: Cow:ilMelllbenltldmway. v......., w--.n • ·rt,c, w..-..w .......... Nays : Nolle TIie molioD c:arricld. 7 . ' . ' •. I . • 0 , 2 Englewood City Council June S, 199S Pagel • • • Cindy Pdcnen and mcmllCl's r1 die Englewood 1'llillk Tak plaCllled plaques 10 C.ouncil and City Manqer Clark in apprecialioD for dlcir appan rl 1'llillk Tlllk aclivilics. Odacr mcm11C1's panicipllillg in die p,el"D!MioD -CiDlle ADdcral. Brad Allda-. Jim ....._..... Bocty Biker, Keith Locbood. Sue Bndsliaw, Pcny Sc:hc:Hpfdlcr, and David WW. Mayor Burns c:xprcaed lhaaks for die plaques and willled die commitlee wc:11 iD ftllure Clllbwrs. I . c, 9 . No public hearing was scheduled before Council . 10. C.....Apda COIDICll. MENSER HATHAWAY MOVED. AND IT WAS SECONDED. 10 Al'PROVE ON FOIST HADING CONSENT AGENDA ITEMS II (a) (I). (ii). (Iii). (hr). (•). _. (ft). (a) ApplO\'C oa Finl Reading (i) COUNCll.. BllJ. NO. 21, INTRODUCED BY COUNCll.. MEMBER HAlHAWAY A BllJ. FOR AN ORDINANCE AU11IORIZING AN IN'JD.GOVERNMDn'AL AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD, COLORADO, SOU1H ARAPAHOE SANITATION D1S11UCT, ARAPAHOE COUNTY BOARD OF COUNTY COMMJSSIONERS. SOlmfGATE SA.NIT ATION D1S11UCT, WAS'JE MANAOEMEKI' OF COi .Qll~. INC ., AND SOl1l1I ENGLEWOOD SANJT ATION D1S11UCT NO. I, APPROVING TIIE 11lANSMISSION OF WAS'IEWATER ORIGINATING AT TIIE COUNTY LINE LANDFILL. (ii) COUNCll.. BllJ. NO. 29, INTRODUCED BY COUNCIL MEMBER HAlHAWAY A BllJ. FOR AN ORDINANCE AtmlORIZING AN IN'JD.GOVERNMEm'AL AGREEMENT BElWEEN 11IE CITY OF TiiOllHl'ON, COLORADO AND 11IE CITY OF ENOLEWOOD, COLORAOO FOR AN EXCliAN<E OF 11IE CITY OF ENOLEWOOD'S ltOTOMIUJNG SERVICES TO 11IE CITY OF 1HORNl'ON FOR SAND/SALT, Im MIXED ASPHALT, OR CRUSHED AGGREGATE MAreRIALS. (iii) COUNCll.. BllJ. NO. 27, INTROOUCED BY COUNCIL MEMBER HAlHAWAY A BW.. FOR AN ORDINANCE AtmlORIZING AN EXTENSION OF 11IE CURRENT 1E.EVlSION SYSTEM PERMIT. (iv) CON!liCT Wl11I BOISE CASCADE OFFICE PRODUCTS POil OFFICE SUPPLIES IN 199S/1996 . ' ,. - • . ... I . • 0 , • • Englewood Ciay Council June S, 199S Page3 • • t• • (v) RESOLU110N NO. 41, SERIES OF 199S A RESOLU110N APPROVING 11IE WAOE AGREEMENT TO 11IE COLLECTIVE BARGAINING CONTilACT BETWEEN 11IE ENGLEWOOD EMPLOYEES ASSOCIATION AND 11IE CITY OF ENGLEWOOD FOR 11IE PERIOD OF JANUARY 1, 1995 lHROUOH DECEMBER 31 , 1996. (vi) COUNCU.. Bn.L NO. 26, IN11lODUCED BY COUNCIL MEMBER HA111AWAY A Bn.L FOR AN ORDINANCE ESTABLISHING 11IE P£RMANENT APPOINIMEm OF SIX SAFE1Y SERVICES FIRE ADMINIS11lA11VE POSmONS OlTJ'SIDE 11IE a.ASSIFIED SERVICE OF 111E CAREER SERVICE SYSTEM . Ayes : Council Members Hathaway, Vormiuag, Wiggins, Habenicht, Waggoner, Walclmln, Bums Nays : ~ The IIIOlion canicd. COUNCll. MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE ON SECOND READING AGENDA ITEMS It It (I), (ii), (iii). (iv), (v), (va1, (m). (viii). (b) ApproYe CNI Second Reading (i) ORDINANCE NO. 17, SERIES OF 199S AN ORDINANCE AMENDING 1111.E 3, OIAP1El I, SECTION 1, SUBSEC110NS 1 AND 4, OF 111E ENGLEWOOD MUNICIPAL CODE, 191S WHICH PERTAINS TO FIREFIGHlElS' PENSION FUNDS . (ii) ORDINANCE NO. II. SERIES OF 199S AN ORDINANCE CREATING CONCRE'JE REPLACEMENT DIS11UCT NO. 199S, IN 11IE CITY OF ENGLEWOOD, COLORADO; 11IE REMOVAL AND REPLACEMENT OF SUB-STANDARD CURB, GIJrIER, AND SIDEWALK, TOOE11iEll WJTII NECESSARY INCIDEHl'ALS; AND SETl1NG FORTH OTHER DETAILS IN CONNECTION WJTII 11IE DJS11UCT. (iii) ORDINANCE NO . 19, SERIES OF 199S AN ORDINANCE AU11tOIUZING 11IE CITY OF ENGLEWOOD TO EXTEND 11IE LEASE OF 11IE PRO ::PlTIT SYSTEMS. INC . CLUBHOUSE BUILDING WHICH. IS LOCATED AT 11IE ENGLEWOOD GOLF COURSE. (iv) ORDINANCE NO. 20, SERIES OF 199S AN ORDINANCE AMENDING 1111.E 4, OIAP1El 4, SECTION II, OF 11IE ENGLEWOOD MUNICIPAL CODE ENTT11.ED SERVICE CHARGE ON llE1lJRNED CHECKS . M ORDINANCE NO . 21 , SERIES OF 199S ' ,,--.----------...... -... 1111111!.~ ...... ,. - •. .. I . • 0 '32xl • Englewood Ci1y Council June S, 199S Page4 • • • • • AN ORDINANCE AMENDING Tl1l.E 4, OIAPTER 4, SECTIONS, SUBSECl10N I , OF 11IE ENGLEWOOD MUNJCIPAL CODE EN11TLE> TAX ON STORAGE, CONSUMP'OON AND USE . (vi) ORDINANCE NO . 22, SERIESOF 199S AN ORDINANCE AMENDING Tl1l.E 4, OIAPTER 7, SECTION 11 OF 11IE ENOLEWOOD MUNICIPAL CODE 191S, TO EX1END 11IE l..lMl1E) WAIVER OF WAS'JE 11lANSFER SUROIAROE TO DECEMBER 31, 1991. (vii) ORDINANCE NO. 23, SERIES OF 199S AN ORDINANCE EX"IBNDING 11IE CITY OF ENGLEWCX>D REBA re OF SALES AND USE TAX ON PUROIASES OF MACHINERY AND MACHINE TOOLS . (viii) ORDINANCE NO . 24, SERIES OF 199S AN ORDINANCE AMENDING Tl1l.E 4, OIAPTER 4, SECTION 4, SUBSECTIONS I, 3 AND 7; AND 1Til.E 4, OIAPTER 4, SECTION S, SUBSECTION 3 OF 11IE ENGLEWOOD MUNICIPAL CODE l9ISRELATINGT0SALESTAX. Voteraahs: Ayes: Council Membcn Hathaway, Vmminag. Wiggins, Habenicbl, Waggoner, Waldman. Bums Nays: None TIie motion carried. II . Onliawa,81 I liNlaNMedeas (a) AppRJYC OD Fira Radin& Tbcre were no addilioaal ilea. Ullllitted for approval OD ftnl radiag. (See A,endl Item 10 -Cclllleal Agenda .) (b) AppRIYC OD Secioad Radin& lllerc were no addilioaal ilea. IUbminDd for approval OD IOCIIIIII radina -(See A,endl Item 10 • Cclllleal Agenda.) 12 . Geeenl ....... (a) Mayor's Choice I . Mayor Bums dilCUINd bis -rcpnlills die c.olondo Muaicipll Lcapc WOIUllap lie anended ICYCral weeks •. He reponed 11111 die flladiq far Ille lipl rail liDc is 11i11 -. precarious. One of lhe keys IO ra:,eivill& fundill& is wllclller Ille project is dacrmilllld IO be I ·--.t• or not. Mayor Bums said dial Ille procea may ID duou&h Ille mmmer . He relaled dial lie ma did of a lener from Englewood 's i-eulOrl IO Mart Hadidd, Cllair of die ~ Commiaee ia die Senate. He said lhe lener -drafted for Ille Rqioul TfllllPOl1,llioa Dillrict's IIIC 11111 lie will C11CD1AF them IO scad lhe lelter. • "' - • . .. I . • 0 • • Englewood City Council Jund, 199S Pages ·, • • • 2. Mayor Bums reported oo a c.c.litioD for Mabilily and Air Quality (CMAQ) meding wbicb be IIICDdcd two weeks prior. 'Ibis -a lllillk tallk aimed • braimlannilla fublrc funding• trlDlpOl1alioa in Colorado. 3. Mayor Bums 11a1ec1 11111 Damis Reyaolds. Mayor a !be City aLialclan. will eac1one 111e 1cacr to Malt Hatfield. 4 . He rdaled tbal lbe City ml.ialdoa -iD U.S. Dillric:t c.ouat 11111 ~ rcprcling -spapcr bancn. Mayor Reynolds will imorm Mayor aw. albe ouu:omc . s. Mayor Burm IOld COUIICil lie aalic:ed ~ ahady • lbe TRJllcy SqulR lilc. He is --about disniplioo • partillc .... safety --durill& demolition. City MulF' Clark aid be will c:beck iDIO lbe mancr . (b) COUIICil Melllba'I Clloicz (i) COUIICil Mellllcr Halllaway : I . Ms . Haabaway mainded COUIICil 11111. -lime back, an inquiry was lllllle about lbe City's policy for naming puts. II was fouad 11111 lbeR is 1111 dear policy iD 11111 rqanl. Sbe aid 11111 lbe discussed renaming BalcslLopn or,_ Put after John Kraling and lbe -.Id like, -. IO draft a policy before renaming any -a !be parks. She said lhal City Auomey Bruuman will be -'tlnc oo lhal. 2. Sbe aid 1be Im bad a iaquiry aboul lbe lack a pmtiag eaf'Ol'llCIIICIII in lbe 3300 blodl a Solllli Pennsylvania SUeel and anlUlld Swedilll Halpital. SIie aid lhal. evea tboup lbe ara Im llllricled puking. llOllltnlclioD ~ lllavc beell alloMd IO pn for loll& periods mlime if Ibey PIii a lip OIi dlcir dasllboanl lhal says Ibey are Swedilll CIIMNCliOII ~. 3. COUNCll. MEMaEll BA111AWAY MOVED, AND IT WAS SEC0N9ED, TO APPROVE 'IWO FOURSOMES roa TBE CLEAN, CUEN AND noUD GOLF TOURNAMENT TO aE PAID OUT OF COUNCll. 'SAID TO OTHER AGENCIES ftJND IN THE AMOUNT OF MIO. Ayes : Nays : The IIIOlion carried . Council Members Halllaway, Voraiaag. Wiginl. Halleaidll. Wagoaer, Wmci-. Burm None 4 . Ms . Halllaway llaled 11111111c Im aed City Aaoney ~ IO illilmc M cvalualion m boards and ClOllllllissioos rqanliaa wbclber 111ey dlould an .-ill ill c&ct. wllcdlcr 111cy -advilory board5. and who Im l'ClpNlibility for UIICMCM ... appoiM-1 IO .... llaadl ... CI W . Since lbe City is curraitly adYeniling for cilixm IO fill vacuciel. 111c feels 11111 -is Ille lime 10 dear up -albele iuues. (ii) CCIUIICil Mclllbcr Vonaiaat c»eamod 11111 die -a Ille pniperty • 410l Soudl Gran! SUeel is ranoviq lbe nx:ks l'rom lbe pnipeny • lbe City ....-.S. (iii) Council Member Wigial: • • • . I. • • ( ~ ) "' 0 iff (: f: J: l: i: !fl: ir; ff1• 1·; ti 11 : !(: 1!1 '1 E 't f I JI J f l 'i , _. ! 1 ,J f r I ~ i J l .. 1,1 1 j:~ 3 I . I .. ,11 i al I~~; 1~' iJE i SJ t a n i i·l ~1, rt . ti i 'I r,1 -iii 1 ,~! i !,~ f~ I! fl .ii? I• ~1 ~, fl ill~ t; f • J-s l · I c:.~ f 11o f ... t I a. f. a ir s ,1, ,1 111 Ji 1; 11~ 111 ii 11 r~ i',' 11111 1 [ . E ( E i !'I. I • ( Ii Jr . ;· f .1 f ~ , ... It 1 111 ;; [ fl arJ I !1 Ii JI II ''11J, · . I I ft If I I' [;J Ii l f ~· ;s ~$! ~~ ~ ~~ t l ,., ti 1~e i !! 9!1 tit i ! i I ' ' ! I ,I I I a· If i ID fr .. ~JI e:i' it' f l ,I l il -~11 •• 11 I It 1,11Si i J· 1· •. { ff I •. a r [ ff JJ l f 1 I I is· I i . ~ H 11 (~ . ~ r 1. if I u r JIJ i i ii it~ Jrl JI i i !i l!i i:i .. fr .. I i.. 11 :'f · 1 1 ! , !· ~ -~·--_,,,.,_ _______ .,... ______ _ • ,. • -. r I . . . ~ ~ , ~ . J • Englc,wod City Council Jund, 1995 Page7 • 0 I • • Mayor Bums said be asked previously IO hlvc Caum:il ....... Mr. Muadl' ...... m be~ llill like IO do that. 13 . City Muaatr'1 .,_. a) City M--., Cart gg Ced• a lqlOl1 ~ lllis :rip ID La Vr,-b :lie International c.onrereocc or Shopping Ccmen (ICSC). He said be is 8¥lilable ID lapond IO quacioas and aimmeo:s. b) Mr. Cladt itlCJUduced Sm.ie Grace, she ..ty appaiDced Allil3all3 IO she City Maupr. He said chat lier cmploymenC will lqitl Mllllday, June 12, 1995. Mayor Bums wdc:IOmcd Ms . Grace and said Caum:il is lookina forwanl co working with lier . ••••• CGulK:il Member Hacbaway raniaded c-il cu :omonuw is she 1111 day to order fi-"5 if she City decides to 11avc a display OIi she Faunb or July . Mayor Bums l3aCcd chat I plan should be in place IO recoup IOIDC or she CXll3I from such things U cloaatiCllls or charging for puking. Council Member Waldman said Chat is is bis underaanding thac 111111C or she civic groups '" intaalod in participating. He asked if any ocher panmcnc entity bu expraml an inCaat. Council Member Hashaway said chat South Subulllln Paltis m Recnacioll Dilcricl did • ...: 10 be involved because or all she plans for she ltcgional Part. SIie said thae ori&inaJly c11e prajecl ilM>lved she cities or Englewood. Litt1ctC111 and Sbcridan. as well • Souch Subulllln. bus she Cl3ber....,. uvc 11ow1y pulled OUI or it. SIie said chat )'CII' iC was dCladed IO acuvely llcl ~ ilMlh ill :lie 1,-b display . When she Junior Chamber ore-a&nd IO be ilMIMld :WO ...ts 11D is -IOO Ille b chem to lake it OYa, bus Cbey hive made I taCaCiw CCllttltlitae.-for lookina illlO is tlellC )'CU. Ml. Hathaway said thac. in addition to she $10,000 for :lie pun:llaK or:11e fi,-b, City CX1131 ~ illd1lde such things as staff time for pn:parMion m platlning, as well as -'illl • she actual cwnt. Mayor Bums said he is CXIIICa1ICd thac she C\'CIII may be ..,...,.bina :lie com.-ity looks lilrward to and will tum out for in large numbers. He feds is is the kind or C\'CIIC thae makes a --.icy 111d am)1lc it is IOIIICthing thac should be CIOlllinued . Mayor Bums llid be is .. plcaed .... it is fallilla-* ill she Cicy'1 lap• the luC IIIUIUIC . Ms . Hathaway said chat in RICCIII )'Cll'l surwyl MW lhowD I aplit ia opiaiae _. MIICller she City sbould continue IO cxpcad fulldl OIi the display . Ms . Habcnicbl said • is plcaed to 11ear cu c11e Junior Olalllbcr or c:-..n:c is i...-ated in beiDa involved in she prajecl apia. SIie fech it is diff'IQIJI IO ,epill WJ ~ RClll!I thac will be lolc if you i*"1lp( the prosram by DOI doiq it for I )'CII'. SIie feds the City sbould 1Upp011 she fi,-b display this )'CII' 111d ll she -time traia she Junior Chamber or C---• cllac clley c:aa :ab iC -in she filcuR . SIie IUgaled thac doaacicllll be CIOllected • she evem IO lldp defray :lie CXIICI. Ms. Hllleaic:III fech cllac the fi,-b display is an imponanC family CWIII . .. .... ,- •. I . • 0 - • • Englewood City c.ouncil June S, l99S Pagel • • ,. - Couacil Member Wllklmln llicl, lmod on bis expel ieacc as I former J.C. president. tbal lhey woulcl Dill be able 10 jllll jump in 11111 take ii CMI' because Ibey woulcl UW 10 Mile I plan. provide buqdiag and name I cbairmaD al their proccdura roquirc . He llid tbal, lUl year, be did Dill think the parting WIS wry Mil lllllbd olf ll Ccllleanial Put 11111 be docs Dill feel it w clear wllen the fimworb MR ping 10 11a11 or wllen Ibey bad ended. He would prdcr other localiom for die ewnl and feels 11m ii is too la1C 10 praperly plan for this year . He oppc11CS apeading SI 0,000 for ID ewnl dial 1111 DO plan in place. Ms. Habeaicbt llid dial the ew:nl bu always been IUIXZllful and iflhere WIS difficulty parting it WIS probably bccaUle there MR ID many people in ll!Cndanoe . Sbc feels dial WllWII will be lolt and ii will be clilic:ult 10 n:puup once the event is dilCDDtinued Ms. Halbaway llid she docs Dill agree lhll DNJPWMllm will be lolt or dial the propam will Dill easily aJ111inuc after I year's ablence bec:aulc, in the PIil, lhere -I l.v year period where lhere were DO fireworks in Englewood. Discussion ensued reprding planning 11111 Slalling of the ew:nt. Dana Glazier, Business 11111 Community Outrcacb Coorcliukw, rcponed that 6.-b c:an still be ordered for about the same price as lUl year. He llid be bu been in CXllllacl 1ritll leYClal bands who arc willing 10 provide cntcr11inmenl and Soudl Subaltlu is willin& 10 .wt widl • as Ibey did lUl year. He bu Dill a>nllCICd any of the other dooon. Tbe Junior Cllanlbcr of C-is willin& 10 belp 1ritll Slalling . Mr. Glazier llid be still bu a,ncrms widl pukiDa. Rnpondiaa 10 Mayor Burm, Mr. Glazier llid Slaff can make the event happen. bul other raponsil,ililic ~ U\'C 10 be ICl aside 10 accomplish the event. Mr. Waldman rcitaaled 11111 be is t...,.i 10 tbe c:dclll'llioll beias faded by Ille Cily and mired by City Slaff. Responding 10 Couacil Meacr Habeaidll. Mr. Gluier llid ... 5.a. w.llaa is willina 10 pn,vide the same Clllllribulioll as llSl year, wllicll iadlllled 1 12.000 ..._ __. die llewarb ad ClOClldination 11111 funding for the eatenlinalall. Chuck Esterly, Acting Dira:lor al C illy De\ dDf C ..... dlas laa ,car die Cilly soak in 16.477 in -11111 cxpeadcd S12,S46 ia ClOIINCSiaa widl die mdtrasim . 111c ,-as -that the City speas IMI' 16,000, Dill includiag in-tiad mvic:es. COUNCD. MEMBER BAaENICBT MOVED, AND IT WAS SECONH9. 10 SU,,OU THE FIREWORKS DISPLA y av CONTRJaU11NC A SI ..... CASH DONATION PLUS STAFF TIME 10 aE on-SET •v MONETAJlY AND ST.unNC DONATIONS OF OTIIEll caoVPS. Mayor Burns expressed c:oncem CMI' burdaliaa Slaff IS 311c lasS miaulc widl ac:11 a lalF prajecl. Ayes : CGUDCil Mamlers V--,. lflbeaidls Nays : CGUDCil Mamlers Hasllaway, Wigins. w...-,, Wildman Bums Tbe IDOlion -dcfcasod . 14 . Cky Aaeney'1 ..... • . I . • 0 2 I - • Englewood City Council June 5, 1995 Plge9 <. • • • •> City Aaormy ._ ........ AllillaDt City Aaormy Reid. He ...... dial Ml. Jtcid will aaist with tbe July 3, 1995 CiSy c.-:il aecw11 durin& bis llblalcc. b) Mr. a.-** C C 11111 c.awil pinto~ Sclliaa ir «· s l) following tbe...., CiSy c.awil ...... .., .... Oll2lidc lilipSion. COUNCll. lDMaUl WJGGms MOYD. AND IT WAS SECONDO, TO IDff IN EXECIITIVE SESSION DOIEDIAnLY tOU.OWING THE llEGUIAll CITY COUNCll. MEETING TO DISC1JSS OUTSIDE U11GATION. Aya: c.awil Merllln lllSllany, VormiSSal, Wigial, Habeilidlt. w...-.w .......... Nays: Nam TIie iDCIUOII carried. 15 . AdjGIIIIITmt COUNCll. Ml:MaER HATHAWAY MOVED TO ADIOURN. '111c redi*'I ..,._. at 1 :21 p.m . .....--~-_. ..... _._. , r (, . ' I . . 0 '32xl • • • • t• ·, • ENGLEWOOD CITY COUNCB. ENGLEWOOD, AMPAIIOE COUNTY, COLORADO 1. ca11 .. on1er The regular meeling oflhe Englewood City Council wu called IO order by Mayor Bw111 ll 7:32 p.m. 2 . Jawcatioll The invocation wu given by Council Member Wiggins . 3. PWae "Allepuce The Pledge of Allegiance wu lcd by Mayor Burm. 4. RollCall Present : Council Mmlllen liallllnay, Waldmla. Wigins. llllleaiclll, Vormiltal, w....,_., Burm Ablcnt: ~ A quorum wu present. AIIO preseat : City MIIIIIS Clark City Aaanley ._ Depul)-City Clerk Callle Wonulioa s,........., Moric1 Muaprof'C 'tyS.W.BI hel a.iwwlC anicyOlbwltCwt· Aclill& DiRaor ~. C icy Deulap m I a ~ City Aaanley Reid 5. Mi..aa (a ) COUNCll.MEOEllllATIIAWAYIIOVED,ANDffWASS&CONDU,TO APPROVE THE MINUTES OF THE UCULAa IIDTING OF 11A Y IS. 1"5. Ayes : Council Mmlllen Haallaway, Vorainaa, w--. llllleaiclll, Wagoacr, W.S-, Burm Nays : ~ The molion curied. 6 . There were no ICbcduled viliton. ,, - .. I . • 0 'J2 x l • Englewood City Council Jund, I 99S Pagel <, • 0 I • • Cindy Pctcncn and members m lhc Englewood Think Tank praenled plaques to Council and City Manager Clart in apprccialion for !heir 1Upp011 m Think Tank IClivilics. Olhcr aanbcrs putic:iplling in lhc presentation were Cindc A---. Brad A---. Jim Blumcndlll, Becky Bater, Keith Lockwood, Sue Bradshaw, Perry Schcllpfdl'cr, and David Wlllal. Mayor Bums expressed lhlnks for lhc plaques and wished lhc c:ommittec well in fuhaR cndeawrs. 8 . c--llicatiou, Proclaaatiou ud Appoiaa-u There were no communications, proclamations, or appointments. 9. Pablic Beari•I No public hearing was scheduled before Council . 10. CoucatApda COUNCIL MEMBER BATBAWA Y MOVED, AND IT WAS SECONDED, TO APPROVE ON FIRST READING CONSENT AGENDA ITEMS 10 (a) (I). (Ii), (iii). (Iv). (v). ud (vi). (a) Approve on Fint Reading (i) COUNCll. Bll.L NO. 28, INlllODUCED BY COUNCll. MEMBER HA'JHAWAY A Bll.L FOR AN ORDINANCE AU11iORIZING AN IN'IBlGOVERNMENTAL AGREEMENT BElWEEN 11IE CITY OF ENGLEWOOD. COLORADO, SOl1l1I ARAPAHOE SANITATION DISTRICT, ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS, SOUTHGAn: SANITATION DISTRICT. W ASn: MANAGEMENT OF COLORADO, INC ., AND SOlTl1I ENGLEWOOD SANITATION DISTRICT NO . I, APPROVING 11IE 11lANSM1SSION OF WA8n:WATER ORIGINATING AT 11IE COUNTY LINE LANDFll.L. (ii) COUNCll. Bll.L NO. 29. INlllODUCED BY COUNCll. MEMBER HA'JHAWAY A Bll.L FOR AN ORDINANCE AlTl1fORIZING AN IN'IBlGOVERNMENTAL AGREEMENT BETWEEN 11IE CITY OF 1110RNTON, COLORADO AND 11IE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF 11IE CITY OF ENGLEWOOD'S ROTOMJLLING SERVICES TO 11IE CITY OF 11IORNTON FOR SAND/SALT. HOT MIXED ASPHALT, OR CRUSHED AGGREGA n: MATERIALS . (iii) COUNCIL Bll.L NO . 27, INJllODUCED BY COUNCll. MEMBER HA'JHAWAY A Bll.L FOR AN ORDINANCE AlTl1fORIZING AN EXn:NSION OF 11IE CURRENT TELEVISION SYSTEM PERMIT. (iv) CONTRACT WI1ll BOISE CASCADE OFFICE PRODUCTS FOR OFFICE SUPPLIES IN 199S/1996 . ...... " - •. I . • 0 \ I I ' . " '32xl 1 • Englewood City Council June S, 199S Pagc3 . ' • • t~ • (v) RESOLtmON NO. 41, SERIES OF 199S A RESOLUl10N APPROVING 11iE WAGE AOREEMENT TO TIIE COLLECTIVE BARGAINING COlmlACT BETWEEN 11iE ENOLEWOOD EMPLOYEES ASSOCIATION AND 11iE CITY OF ENGLEWOODFORlliEPERJODOFJANUARY l, l99S11fROUGHDECEMBER31, l996. (vi) COUNCll. BD..l.. NO. 26, DmlODUCED BY COUNCIL MEMBER HA111AWAY A BD..l.. FOR AN ORDINANCE ESTABLISHING 11iE PERMANENT APPOINIMENJ' OF SIX SAFETY SERVICES FIRE ADMINIS11lATIVE POSITIONS OlTTSIDE 11iE Cl.ASSIFIED SERVICE OF TIIE CAREER SERVICE SYS1EM. Ayes : Council Members Hathaway, Vormittag. Wiggins, Habcnicbt, Waggoner, Waldman, Burns Nays : None The motion c:anied. COUNCIL MEMBER RA THAW A 'Y MOVED, AND IT WAS SECONDED, TO APPROVE ON SECOND READING AGENDA ITEMS 10 II (I), (II), (ill), (h,), (v), (Yi), (¥11), (viii). (b) Approve on Second Reading (i) ORDINANCE NO. 17, SERIESOF l99S AN ORDINANCE AMENDING 1111.E 3. OlAP1Bl I. SEC110N I. SUBSEC110NS I AND 4. OF 11iE ENGLEWOOD MUNICIPAL CODE. 191S WIDCH PERTAINS TO FIREFlGHIBS' PENSION flJNDS . (ii) ORDINANCE NO . II. SERIES OF 199S AN ORDINANCE CREA TING CONCRE're REPLACEMENT D1S11UCT NO. 1995, IN 11iE CITY OF ENGLEWOOD, COLORADO ; 11iE REMOVAL AND REPLACEMENT OF SUB-STANDARD CURB, GUTTER, AND SIDEWALK. TOGETIIER Wl11I NECESSARY INCIDENTALS; AND SETTING FOR.111 OTifER DETAILS IN CONNECl10N Wl11I TIIE D1S11UCT. (iii) ORDINANCE NO . 19. SERIES OF 1995 AN ORDINANCE AlTllK>RJZING 11iE CITY OF ENGLEWOOD TO EX'IBND 11iE LEASE OF TIIE PRO ::Plm' SYS'JEMS, INC . a..UBHOUSE BUllDING WIDCH IS LOCATED AT TIIE ENGLEWOOD GOLF COURSE . (iv) ORDINANCE NO . 20, SERIES OF 1995 AN ORDINANCE AMENDING 1111.E 4, OlAP1Bl 4. SECTION II, OF 11iE ENGLEWOOD MUNICIPAL CODE EN1111.ED SERVICE CHARGE ON RE1lJRNED OiECKS. (v) .. - ORDINANCE NO. 21, SERIES OF 1995 • ..... "' - I . • 0 • • • Englewood City Council June 5, 1995 Pagc4 • • • AN ORDINANCE AMENDING TITLE 4, OIAP'IB 4, SECnON 5, SUBSEC110N l , OF 11fE ENGLEWOOD MUNICIPAL CODE ENJTl1..ED TAX ON STORAGE, CONSUMPTION AND USE . (vi) ORDINANCE NO. 22, SERIES OF 1995 AN ORDINANCE AMENDING TITLE 4, OIAP'IB 7, SECnON 11 OF 11fE ENGLEWOOD MUNICIPAL CODE 1915, TO EXTEND 11fE LIMITED WAIVER OF WASTE 'JltANSFER SURCHARGE TO DECEMBER 31 , 1991. (vii) ORDINANCE NO. 23, SERIES OF 1995 AN ORDINANCE EXTENDING 11fE CITY OF ENGLEWOOD REBATE OF SALES AND USE TAX ON PURCHASES OF MACHINERY AND MACHINE TOOLS . (viii) ORDINANCE NO. 24, SERIES OF 1995 AN ORDINANCE AMENDING TITLE 4, OIAP'IB 4, SECTION 4, SUBSEC110NS I, 3 AND 7; AND TITLE 4, CHAPTER 4, SECTION 5, SUBSECTION 3 OF 11fE ENGLEWOOD MUNICIPAL CODE 1915 RELATING TO SALES TAX . Votereahl: Ayes : Council Members Halhlway, Vorminag, Wigins, Habenicht, Waggoner, Waldman, Burns Nays: None The molion carried. 1 1. Onlill-, Rml1lillllnM M--. (1) Appn,YC on Finl Radia& Tbcn: Ml'C DO addilioaal ilems submiaed for appn,val on fin1 radiag. (See A,cada Item 10 • C.-.. Agenda.) (b) Appn,YC on Second Rcadina Then: were no addilioaal items submiaed for appn,val on lDCIODCI radiq. (See A,cada Item 10 • Comal& Agenda.) 12 . (1) Mayor's CboiCle I . Mayor Bums discussed his memo iqanlina the Colorado Municipal Leque Worbbop be attended several weeks ago . He reported that the fundina for the lipl nil liDc is llill --"at precarious. One of the keys to ru:civiq fundina is wbetbcr die project is clelenninod to be I "aew llalt" or not . Mayor Bums said thal the .,._ may ID throup die -· He n:lated thal be Im I draft ol 1 letter from Englewood's ._ lellllOrl to Mark Halfidd, Clllir ol Ille Approprialionl Committee iD die Senate. He said the letter was draftod for the Rcp,aal Tramportllion Dislrict's .-llld lie will eacourqe them to IClld the letter. ' ,,,_ ... .. I . • 0 '32xl • Englewood City Council June 5, 1995 Pages • • • 2 . Mayor Bums ,.med on a Caali1ioa for Mallilily and Air Quality (CMAQ) meeting w11icb be ancncled two weeks prior. This -• dlUlk .... aiaed • lnillltormin& future funding of tralllpOl1llioD in Colorado. 3. Mayor Bums llated that Damis Rcyaoldl. Ma,ar of die City of UUlelon, will endane die leaer IO Mart Hadielcl. 4. He relaaed that die City ofUalctoa-in U.S. Dillric:t Olun dial afternoon rqarding newspaper hawkers. Mayor Reynolds will inform Mayor Bums oldie CIUICome . 5 . Mayor Bums told Council be noticed airwyors already • die Tnllley Square lite. He is conc:emed about disruption of putting and safety issues duriq demolition . City MuaFr Clark said be will check into die matter. (b) Council Member's Choice (i) Council Member HathaMy : I . Ms. Hathaway reminded Council tbal, -time llact, ID inquiry -made about die City's policy for naming parts. It -fouad dial thcR is no dear policy in thal reprd. She said dial she discussed renaming Bates/Lopn or 1-Pait after Jolla Kraling and she would like, now, IO draft a policy llefOR renaming any more of die pub. She aid that City Attorney Brouman will be working on that. 2 . She aid she has ud a inquiry about Ille lac:t of parking eafon:ement in die 3300 block of South Pennsylvania SUeet and around Swedish Holpital . She aid tbal, even tbougb die area bas ratricled pultilll, CXlllllNClioD worllcrs llaft beell alloMd to park for kllla periods of lime if Ibey put a lip on dleir clasllboanl dial 11)'1 dlcy are Swedia CIIIIIINl:UOa worllcrs. 3. COUNCO. MEMHR BATRA WAY MOVED. AND IT WAS SECONDED, TO APPROVE TWO rouRSOMES ,OR THE cu.AN, Glll:EN AND PROUD GOLF TOURNAMENT TO BE PAID OUT OF COUNCO.'S AID TO OTHER AGENCIES FUND IN THE AMOUNT OF S600. Ayes : Nays : The motion carried. Council Mcmben Hatbnay, Vonnittag. Wigins, Habenicht, Wagoner, Waldman, Bums None 4 . Ms. Hathaway IWed thal she bas ulled City Attomcy Brauman 10 initialc ID evallllllion of boards and commissions regarding whether Ibey llloulcl all iemain in dl"oct, whether Ibey are advillOI)' boards. and who bas n:sponsibility for illlCIViews and appoint..,...s to thole boards and oommillQW Since die City is c:umntly IIMltising for citizens IO fill vac:aacies, sbc feds thal now is die time IO dear up some of these issues . (ii) Council Member Vonninag gommcnted lbal die owner oldie pnipeny 114801 South Grant SUeet is removing the rocks from the prapeny • the City rapicsted. (iii) Council Member Wigins: • ' ., - " - ·- I . • 0 , • • • Engl"wood City Council June5, 199S Page6 • 0 • 1. He asked Information Sysaems Manager Movic:t 10 updale Council reprding E-Mail and whether each computer will have to be rad individually by City penonnel to get them on line again. Mr. Movick ldviscd wbic;b homes will be visited for lqllir f/1 the E-Mail system. 2. Mr. Wiggins CXIIIIIIIClltcd on the DCWiplpCI' llnbn MIO IICII IICWspaperl from the mcdiw al ~ inteneclions. He feels that their lltaCbilla lips to Sllle llipway deliJlcalor polll llld lip pclllS is prohibited by Stale Statutes. He asked about the .... flithe City's onlinucc reprding llnbn. City Attorney Brotzman rapoadcd that be llas,..... a dnft fllthat onlinaace. He would like to wait for the outcome flithe City fllLittletoa's cue in Dillric:I Coun before moving forward with iL 3 . Responding to c.ouncil Member Wigias, City Attoraey Brotzman said that auto pawns must be c:loed on Sundays • is requinld f/1 odler alllO dcalcn. Discussion ensued reprding whether .. wnshops in genenl can be open on Sunday. Mr. Brotzman stated that the new .. wnbroker ordinance prohibits pawnshops from being open on Sunday . 4. Mr . Wiggins asked for information reprding when sewer lines were lutjct cleaned in his ma. He said he hasn't seen the trucks lately and he knows f/1 some residents who have bad sewer backups. (iv) c.ouncil Member Habenicht : 1. Sbe attended a community meeting hosted by Safety Services 111d Community RelaliollS OfficlCr Nancy Paa.i ClOllllCming graffiti damage in the ua or the 4300 block or Soulh Acolna Street . Sbe complimented the Safety Services personnel and aanbcn or the QIIIIIIIUIUty for pulling lOFlller to try to relOlve the pn,blem. 2. M5. Habeaicht said she is vay imprclled with the ..t bein& done on the lfJlf-. SIie feels the building is vay altrllctive bolh inside and OUL SIie commended all MIO arc illVOhed lritll die pnijer;t. 3 . Sbe ClOIIUIIClltcd that the wall al Santa Fe and Dartmouth tee1111 to be OUl fllpraponioa ud •-ondercd if anything can be done to implO\'C it. 4. She c:oagnlUlatcd Tom Munds. rq,oncr for the Englewood Herald NcwiplpCI'. oe die db1I or bis grandson. Michael Crisler. in raising flUlds for the people dl"ec:tcd by the dimlCr in Orlahoma City. (v) Council Member W..,aer: 1. He rq,oncd that there is a bnJkca IMndialppcd lip in the parting lot on Lincoln whidl llas left a dangerous 111111 llicking out or the gruund tlMI QOUld da-,e a tire. 2. Mr . W..,aer alto said tlMI die IIIIWal paa arca al CuslliDg Park is vay tall llld in Deed or maintenance. (vi) c.ouncil Member Waldmu tllbd if Council will niceiw a ld'eml from Board or A4ljustment and Appeals Catc 5-95 conccnwt1 a variaacc in the RIC dillrict. City Attoraey Brotzman said the case will come to Council after the Baud or A4ljullmcat 111d Appeals finalms their Findinp f/1 Facts . • •••• ...... ..... •. I . • 0 • Englewood City Council June 5, 1995 Pqe7 • 0 I • • Mayor Bums aid be med previously to llaw Council recopizc Mr. Mllllds' ~ and be~ llill like IO do tbal. 13 . City Mauaer'• ae,.t a) City MmlaFr Clark Cllllllmealed oa a npon Rpllliaa llis lrip to La Veps far lhe International Confermcc of ShappiDa Callers (ICSC). He aid be is available to rapolld to qualioas and IXIIIIIIICllls. b) Mr. Clark UllnldiKlcd Suzie Grace, !he -9y appaillted Allillul to lhe City Mauger. He aid that her~ will begin Monday, June 12, 1995 . Mayor Bums welaJmed Ms. Grai:c and aid Council is loakiag forward to -9alll widl ber . ••••• Council Member Hathaway reminded Council tbal !-.ow is lhe lall day IO order fireworks if lhe City decides to have a display on lhe Fourth of July . Mayor Bums stated that a plan should be in place to recoup some of lhe costs from such things u donations or charging for parking. Council Member Waldman said that it is his undenlanding that none of lhe civic groups arc interested in participating. He asked if any Olher g<M111111C11I entity bu expressed an inlerest. Council Member Jiathnoay aid that South Subwbu Pub and Rec:reatioa DilUicl did DOI want IO be involvod because of all lhe plans for lhe Regional Part. Sbe said tbaa oripaally lhe pn,jec:I ilMIMd lhe cities of Englewood, Linlelon and Sheridan, u well u South Subwbu, bul lhe olher pNlpl llaw slowly pulled out of ii. She said tbaa lall year ii WU dClc:ided IO~ mt private~ ill lhe fimworts display . When lhe Junior Chamber ofCommcnle affcred to be ilMIMd l.v MCka .. ii WU too Ille for lhem IO lake it OYCI'. bul Ibey llaw made I talllM coaunillllellt far loakilla ialo ii DeXI year. Ms. Halhav.-ay aid that. in addition IO lhe SI0,000 for lhe purdme oflhe 6,-b, City CXIIU ~ include such things u staff time for preparatioll and planDilla. u well u Miking al lhe actual C\o'CIII . Mayor Bums said he is concemcd tbal lhe C\'Clll iuy be IOIIIClhing lhe CXIIIIIIIUIUty looks forward to and will tum out for in large numbers. He feels it is lhe kind of aat that makes a c:onununity and maybe it is something that should be c:ontinucd. Mayor Bums aid be is DOI pleased that it is fallina back in lhe City's lap at lhe lul minute. Ms . Hathaway said that in recent ya,s IW\'C)'I UW .,_,. a aplit in opinion OYCr whelher lhe City should a,ntinue to expend funds on lhe display . Ms . Habenicht said she is pleased to hear lllal Ille Junior Cllamber of Commertc is interested in being involved in lhe projca apin. She feels it is difllcult to rqain _.._ that will be loll if you interrupt the program by not doing it for a year . Sbe feds Ille City sbould support the fireworks display this year and at lhe same time uain the Junior Chamber of Commertc ao tbal Ibey can lake it _. in the future . Sbe SUgga1ed tbal donations be c:iollocled at lhe C\'Clll lO help defray lhe costs . Ms . Habenicht feds that the fireworks display is an important family C\'Clll. -•• ' JI' - ... I . • 0 • Englewood City Council June S, 199S Pagel .. • • - Council Member Waldman aid, balllll OD bis cxpaicncc a a former J.C. president. dial &bey WOllld DOC be Ible to jull jump in ud Ilk ii ----&bey WOllld baw to wrile • plan, provide lluqdiJI& ud -• chairman • dleir pn,mlarcl raquiR. He aid ........ yar, be did .. lllillk die putiltl - wry well marted oil• C C ia! Pmt aad llc does DIil r.l is w dear nm die._.._ fllilll to l9alt or wbcn &bey liad caded. He WOllld pnfer aslicr loc:aliolll tor die CYlll9 ud fecls tllas is is coo lase to properly plu tor diis ,--. He CW11R1 .-.. SI0,000 tor u CYlll9 tllas us no plu in place. Ms. HabcnicllS aid tllas die CYlll9 ... always beell lUCClellful ud if sllerc -difliaalsy putiltl ii - probably ...._ sllerc -., may peaplc in alScDdancc. She feels tllas -will be loll ud it will be difflc:alt to repOllp -die cwas is cliBlOIISin1ied Ms. Hashaway aid Ille does 11111 ...-tllas __.,_ will be lolS or tllas die pn,pam will 11111 easily ~ after a year's lblellce bel:aulc, in the puS. there -a two year period wllcre diae -IIO fimwrb in Enpcwoocl. Discussion ensued regarding planning and scaffing oC the event. Dana Glazier, Business and Community Ouuach Coonlinasor, reported tbas 6-"s can lliU be ordered for abous the same pricle • ._ year. He aid be us beea in CXNISacS with aevcral bands who an: willing to provide entertainment and South Suburban is willlil& to work with ... &bey did ... )al". He bas DOC axuactCld any oC the other doaors. The Junior Chamber oC Commerce is williD& to help with scaffing. Mr . Glazier said be lliU bas ClOIICCl'Dl with parting. Rapoacling to Mayor Bums, Mr. Glazier aid staff can make the C\'Cl'lt bappea. bus other raponsibililics WOllld uw to be le? aside to accomplish theC\'Clll. Mr. Waldman mterascd that be is oppolDd to the Cldcllrasioa being funded by the City and staffed by City staff. Rapoacling to Council Mcmbcr Habenicht. Mr . Glazier said that South Suburban is williD& to prvvidc the same amcribuSions • laa year, wbidl included a 12,000 dODalion loward the 6-"s and c:oonlinmon and funding tor the enccrtainment. Chuck Esserly, Aceing Director oC Community ~ reported that ._ year the City tom in $6,'77 in .._ues and expcadcd Sl2,S46 in COIIDCClioa with the c:ddntioa. The rault w that the City spent O\'Cf $6,000, DOC including ilHiad lefVica. COUNCll. MEMBER IIAIIENICBT MOVED, AND IT WAS SECONDED, TO Slll'l'ORT THE FIREWORKS DISPLA \' BY CONTRIBUTING Asa, .... CASH DONATION PLUS STAff TIME TO BE on-SET BY MONETARY AND STAJFINC DONATIONS OF OTHER CROUPS. Mayor Bwns expressed ooncem owcr burdening staff• the lass millasc with suc:11 a larF project. Ayes : Nays : The motion -defeated . 14 . City An-y'1 llqNlrt Council Members V~ttag. Habcnicbt Council Members Hasllnay, Wigins. Wagoacr, Waldman Bums ..... ., I . • 0 ·, •• ' Eapwood City Council .JuDc 5, 1995 Pap9 ·~ . <. • ~ • I~ • a) City Aaoney 8l'CIUDaD llllnldu&led A11i111m City Aaancy Reid. He IIIICIII tb1t Ml. Reid will aaill widl die July 3, 1995 City c.-:il ..sill& dlrias llil lllaeacie. b) Mr. a.w •• a a• C'.-.:111 .. EWM s.... 1 r a s, followiag die n:plarCisyc.-il .............. ._..... COUJlfCD. IIIDIKll WIGGINS MOYD.Alla ff WAI acaNaD.10 MDT IN metmVE SUSION DOIDIAn:LY IIIILLOWIIIG UIS BGIILAll aTY COUNCIL MEETING 10 DIICIJIS OIJ1'IIN L111GA1IDIL Ayes: ~ ................ Va I a. W--.lkl . k w....,...wns .._ Nays: Nae Tbc molioa carried. 15 . Mjan!P I I COUNCIL IIDIN& IIATBAWAY IIOVD 10 AalOOIIN. TIie .......... 111:21 p.m . ~- . ' • . • • 0 • • - • • RESOLUTION NO. tf; SERIES OF 19915 .. • . .. • A BBSOLUTION RBCOIOIENDING NORI.BEN NORDEN FOR REAPPOINTIIBNT TO THE HOUSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WBBRBAS, NorlND Norden ia a cunent member fJL the Enclewoocl Bouainc Ailthority; and WBBRBAS, Norleen Norden'• term apins July 1, 1995; and WBBRBAS, NorlND Norden hu applied for reimtatemeat to the lnalewood 11ouainc Aathority for another term; and WBBRBAS, the Mayor delires to reappoint Norleen Nonlen to the Bnclewood Bouainc Aathority for another term; and · WBEBE:M, the Bn,lewoocl City Council mpporta the lb,yor'1 appointmmt; NOW, TBBBEPOBB. BB rr BBSOLVBD BY TBB CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sectiar 1 Norleen Norden ii benby recommended for reappointment to the IIGUiDc Ailthority for the City fJL ....,._., Colorado. Norleen Nordin'• term will be .&etiw immediately with term apirinc July 1, 2000. ADOPl'BD AND APPBOVBD tbia 19th day fJL June, 1116. ATTEST: Loucrilhia A. Bilis, City Clerk I, Loucrilhia A. Bllil, City Clerk for the City fJL ......... Colorado, hereby eerti(y the above ia a true copy fJL Reeolution No. __. SeriN fJL 1111. .. . ' ' • • 0 - • RBSOLUTION NO._ 8BRIB8 OP 1996 i. • . ~ • A RBSOLUTION RBCOIOIBND NORLEEN NORDEN FOR REAPPODn'IIBNT TO THB HOUSING AUTHORITY R THB Cl'l'Y OP ENGLEWOOD, LORADO. WHUBAS, Norleen Norden is a and WHBBBAS, Norleen Nonlen'• term WHBBBAS, Norleen Nonlen hu applied Authority for llllother t.erm; and WHBBBAS, the Ila,-.._ to nappoint N to the BncJewoocl llominc Authority for ..... t.erm; and NOW, TIIBBBl'OBB, BB ff BB80LVBD BY TIIB COUNCIL OP THB Cl'l'Y OP ENGLEWOOD, COLORADO, THAT: 8ectioo 1 Norleen Norden is hereby for · tment to the Hoaamc Authority for the City a Bqlewaod, Colorado. Nonlen'a t.erm will be .«ectm immediately with term upirinc .July 1, IOOO. ADOPl'BD AND APPBOVBD tbia 11th day a .June, 1196. ATTBST: ,,__.,_ ..... _. Loucriahia A. Ellis, City Clerk I, Loucriahia A. BIiis, City Clerk for tile Cia, fl........_, Celorado, .... oatify the above is a true copy • RNolation No. _. Seril9 fl llll . . , ·- .. • • 0 • • • -.V,,0,,NO.l t / SEBIBSOF 1996 ~ WIIDBAS, the Ila,-deains Ambority for anodler term; and WHEREAS, t.be Enpewood City NOW, THEREPORE. BB IT BBSOL ENGLEWOOD, COLORADO, THAT: . . . • . " • ' ... Sedim 1 Norleen Norden is henby Nlli·~Nlt.o the Houains Authority for the City of Bqlewood, Colorado. Norte. Norden'• ·n be eft'ectiw immediately with term upirinc July 1, 2000. ATTEST : Loucrilhia A. Bilis, City Clerk I, Loucrilhia A. Bllia, City the above is a true copy of Beaol · , . 19th clay ·. . ; • • • 0 - Date June 19, 1995 INITIATED BY Utilities Department • . ... • . . . COUNCIL COMMUNICATION Agenda Item 10 a 1 ,.. Subject Gaging Station at Union Ave. & S. Platte River STAFF SOURCE Stewart H. Fonda, Director d Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council Bill for prior Gaging Station Agreement passed December 19, 1993. RECOMMENDED ACTION Approval of the proposed Joint Funding Agreement between the City d Englewood and the U.S. Geological Survey for Oct91)er 1, 1994 through September 30, 1995. BACKGROUND, ANALYSIS; AND ALTERNATIVES IDENTIFIED A stream flow gage, operated and maintained by the United States Geological Survey (USGS), has been in operation since 1990 at Union Avenue and the South Platte River. The infonnation from the gage is critical cuing low flow periods to determine if water must be released from Chatfield Reservoir. The data provided by the gaging station is reqund by the State w .. Commisliorw in order to make releases from Chatfield Reservoir duing low flow lituations in which inauffiaent water is available to meet pumping demands at Union Avenue Punp Station. the Utilities Department shares in the amual cost d ope1ating and rnaillaiq the Italian on a 50% basis, with the remaining 50% contributed by the USGS. FINANCIAL IMPACT The cost of f\n:ling this agreement will be appaxim1t1ly $20,000 to $25,000 over the next five years, begiMing with $4,100 in 1995. The um.,. included in .. 1996 budgll UST OF ATTACHMENTS Dept. of the Interior Geological Survey Joint F~ AgrMmellt far w .. RNourcN Investigations. • I •. • • 0 • ORDINANCE NO. _ SERIFS OF 1995 • • BY AUTHORITY A BILL FOR CXJUIICIL IIILL NO. M INTRODUCED BY COUNCIL ,_,,.. _____ _ Alf OBDIMANCB AtJTIIOBIZING AH~ NIPJICS¥DIT BETWDN THE UNITED STATES D&PA&'l'IIBNT OF THE INTDIOR GEOLOGICAL IUINft It.HD TBB cm OP IINOUIWOOD, OOLOIIADO mrrrn.aD "D8PAIL'l'IIIINT OF THE INTERIOR GEOLOGICAL SUJ1VBY JOINT FUNDING AGRBBIIBNT FOR WA'l"D D80UBC8S DfffS'ftGA'ftONB. • WHEREAS, a stream flow pp which is operat.ed and maintained by the U.S. Geohciml Survey <USGS) bu been in operation since 1990 at Union Avenue and the South PlaU.e Riftl'; and WHEREAS, the information from the pp is critical durinr low flow periods to clet.ermine if water must be released from Chatfield Resenoir; and WHEREAS, the data provided by the peing station is required by the &at.a Water Commissioner in order to make rele&HS from Chatfield Relenoir clurinc low flow situations in which insufficient water is available to meet pumping demands at Union Avenue Pump Station; and WHEREAS, the Englewood Department ol Utilities shares in the annual coat. ol operating and maintaining the station on a 50'J1, buis, with the remaining 50'll, contribat.ed by the USGS; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scc;tim 1 The • Department of the Interior Geolap:al &anwy Joint Plmdinc Apwnent For Water Resourcea lnvestiptions • with the United Stat.II Department of'the Interior Geological Sarwy is henby ..pted and ...,__ by the Eapwood Cit,; Coancil. Tbe Mayor is aathoriaecl to U8Cllte and the City Clerk to uteat and Nal the AsJ-t fbr and on behalf of the City of Englewood, Colorado. Scc;tim 2 'nle Department of the Interior Geolopcal Suney Joint Fundinc A,nement For Water Resources Investigations is attached u •kbibit A·. Introduced, read in full, and pused on ftnt readinc on the 19th day of .June, 1996. Published u a Bill for an Ordinance on the 22nd day of June, 1996. Tbomu J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk ...... . . I . • 0 'J2 x l ]- • • c.. • ~. I. 1.-uhia A. BIiis, Cit, Clerk atbe CitJ ............ ColGndo, benby cntify that the ..... and ......... ii • true copy •• am f'or .. Ordimce, introdaoecl, read in fbll, and puad cm ftnt nadinl on the 19th day • .June, 19915. Loacriahia A. Bllia -2- • , r r:.• 'I •. .. I . . 0 • • "'~ 0 I• • ' EXHIBIT A Form9-1366 DepaithlWlt at ttAt Interior Agreement Nbr: C09512600 (REV. 6186 > Geological Survey Customer Nbr: C01 08 Joint Funding Agreement FOR WATER RESOURCES INVESTIGATIONS THIS AGREEMENT is entered into as of the 1st day of October 1994 by the GEOLOGICAL SURVEY, UNITED STATES DEPARTMENT OF THE INTERIOR, par,y of the first part, and the CITY OF ENGLEWOOD, par,y of the second part. 1 . The parties hereto agree that subject to the availability of appropriations and in accordance with their respective authorities there shall be maintained in cooperation tor the operation and maintenance of streamflow gaging stations. South Platte River at Union Avenue 2 . The following amounts shall be contributed to cover all of the cost of the necessary field and office work directly related to this program, but excluding any bureau level genll!'al administrative or accounting work in the office of either par,y. (a) $4,100 .00 (b) $4,100.00 by the par,y of the first part during the period October 1 , 1994 to Septembll!' 30, 1995 by the par,y of the second part during the period Octobll!' 1, 1994 to Septembll!' 30 , 1995 (c) Additional amounts by each par,y during the above period or succeeding periods as may be determined by mutual agreement and set forth in an exchange of lettll!'S between the parties. 3. Expenses incurred in the Pll!'forrnance of this program may be paid by eithll!' pal'1y in conformity with the laws and regulations respectively govMning each party, provided that so far as may be mutually agreeable all expenses shall be paid in the first instance by the par,y of the first part with appropriate reimbursement thereaft8!' by the par,y of the second part. Each par,y shall furnish to the other par,y such statements or reports of expenditures as may be needed to satisfy fiscal requirements. 4 . The field and office work pertaining to this program shall be undll!' the direction of or subject to periodic review by an authorized representative of the par,y of the first part. 5. The areas to be included in the program shall be determined by mutual agreement between the parties hereto or their authorized representahVes. The methods 8111)1oyed in the field and office shall be those adopted by the par,y of the first part to insure the required standards of accuracy subject to modificalion by mutual agreement. 6. During the progress of the work all aperallons of erther party pertaining to this program Shall be open to the inspection of the other party, and 1f the work is not being earned on in a mutually satisfactory manner, either party may terminate this agreement upon 60 days wntten notlC8 to the other par,y. 7 . The original records result1ng from thlS program will be depositlld in the office of origin of lholle records. Upon request. capies of the original records wlll be provided to the office of the other party. 8. The maps, records or reports resulting from :tus program s.,all be made available to the public as promptly u poaible. The maps, records or repons normally wiH be published by the party of the first part. However. the party of the second part reserves the nght to publish the results of this program and. if already published by the party of the first part shall, upon request, be turn!Shed by the party of the first part. at cost. impressions suitable for purpoNS of reprodudion similar to that tor wh!Ch the ong1nal copy wu prepared . The maps. records or reportS published by either party shall contain a statement of the cooperatrve relations between the parties. 9 . BIiiing tor this agreement will be rendered annually . Payments of bills are due within 60 days aftll!' the billing date. If not paid by the due date. interest will be charged at the current Treasury rate for each 30~ay period , or porttori thereof. that the payment 1s delayed beyond the due date . (31 USC 3717; Comptroller General File 8-212222 , August 23. 1983 .). CITY OF ENGLEWOOD By GEOLOGICAL SURVEY UNITED STATES By DEPARTMENT OF THE INTERIOR ~Jf?.1'y-df;_, By District Chief. WRD . Colorado District (SIGNATURE I TITLE) By (USE REVERSE SIDE IF ADDITIONAL SIGNATURES ARE REQUIRED) . - • . .. I . • 0 • • • - <, COUNCIL COMMUNICATION Date Agenda Item Subject: Beneficial Use June 19, 1995 10 1 11 Front Loader Purchase INITIATED BY STAFF SOURCE UE WWTP Supervisory Committee Jim Tallent -Operations Division Manager COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Council approved the capital replacement of a 1980 front end loader in the 1995 budget. RECOMMENDED ACTION The action recommended is to approve, by IIICltian, purchase of a frant end loader from Power Equipment Company in the amount at $69,300 including aptianl. BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIFIED A 1980 Ford front end loader is currently used at the UE WWTP primarily in the Beneficial Use division for loading biosolids in field application site preparation and during temporary on-site storage. The unit is also utilized in the maintenance and operations divisions on the plant site for various grounds-keeping and equipment repair fuictions. The estimated cost of repairs to return current front end loader to a reliable service condition is $31,800. The reconditioning would provide a maximum life expec:tancy of five (5) years. Due to age and mechanical condition, the Englewood ServiCenter has recommended replacement of the unit. The replaced unit will be auctioned . ,,,_ Competitive bids were solicited for a replacement unit and the technical evaluation and purchase recommendation is attached. FINANCIAL IMPACT Purchase of the front end loader was budgeted for 1995 in the amount of $75,000. The actual bid cost of the unit is $69,300. As a capital expense, this item will be split 50/50 with the City of Littleton . ..... I . • 0 '32xl • "' -. ' • . " ·, • (, .. UST OF ATTACHMENTS 1. Recommendation for purchase 2. Technical evaluation .. I . . 0 LITTLETON/ENGLEWOOD WASTEWATER TREATMENT PLANT 2900 s. --Dnw e,,g..c,od. Coior.m 10110 (303) 7112.2900 FAX 7112-2820 MEMORANDUM TO: Dennis Stowe, Plant Manager • • FROM: Jim Tallent, Operations Division Manager DA TE: June I, 1995 SUBJECT: Front Loader Purchase Recommendation /?.;7')'":: ," @{' Sealed bids for a replacement front loader were solicited and opened on May 17, 1995 . A technical evaluation was conducted on four proposed units . Two proposed units met the specifications of the bid . I recommend purchase of the Volvo BM L50C, from Power Equipment Company, based on technical acceptability and low bid amount . Of the available options requested, I also recommend the following options be added to this unit for improved versatility and user flexibility : JET /cp ~ 15 .5 R25 L-3 XHA Michelin Tires ~ VME TD 40 KAE Low Emission Ensine ~ Front axle difterential lock ~ Extra from and rear working lipts ~ Forewvd / reverse switch ~ Rotating beacon with bracket ~ Left side arm rest ~ 48" Fork Amchment (79" frame) ~ Extra maraials Bid price of unit Total $740 $2,540 $1,020 $305 $210 $189 $76 $3,460 $215 $60,545 . . I . . 0 f 32xl • I ~ w N X - CITY OF ENGLEWOOD BID PROPOSAL TABULATION BID ITEMS(SI -Four Wheel Drive loader (Al DA TE OPENED -May 17, 1995 NO BIDDER FOUR WHEEL DR. LOADER PARTS MANUAL SERVICE MANUAL TOTAL REMARKS 1 Honnen Equipment ,. '7~ ,~ <.c. '3~(i 7.-... ... be!.<: r. - 2 Power Equipment ,_n .... -.LJ .. --\JOl...ui'c, t..SO c- I - 3 PowerMotive l',_1 _)~:lo"' (' e C o..-rbc.L..t>d , 4 Denver Ent Machinery 5 Wagner Equipment "'71 c,~C r A---r,-,A r J 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 • , • 0 • r I . ~ .. ' • " I ' ,. - • 'I • . . • COUNCL co1a11N1CAT10N Date June 19, 1995 10 a 111 INITIATED BY STAFF SOURCE Department of Public _Wortca Char1es Estarty, DirectDr of Public Wortca COUNCIL GOAL AND PREVIOUS COUNCL ACTION To improve the safety cf momrlltl and hawkers In median and llland.,.... on major roadways. No previous Council Action has been lllken . RECOIIIENDED ACTION Approval of a Bill for an Ordlna1cll which would ban ules tranuctions on highways and public roadways In the City of Englewood . BACKGROUND, ANALY811. AND ALTl!RNA11VD WIFED The City cf Englewood ii OOlamed wit! a. e 1111 a cf llllllllllllal dangers poeed ID .. "'*""II pubic and lo hawkers of newapepera on median and lland -cf,...,. In .. Cly ol f:I .......... The p11-a ol hawkers at inlalNetiolia In a. Cly er-.• cllllaclloo ID maatm, __. In nllc mownol, and a lmard lo a. ttawk8rs 1hernlelV9S. It ii racomnaldad 1111 '* aclMly ba bannad In a. Cly ol f:I ......... In Clldar lo ellminallt thele pol8ntial huarda. FINANCIAL ... ACT None. UST OF ATTACHIENTI Bill for an Ordlnanca ..... .. I . , • 0 • ORDINANCE NO. _ SERIFS OF 1995 • • • BY AUTHORITY A BILL FOR · 00UNCIL BILL NO. 33 INTRODUCED BY COUNCIL ........ ~~~~~~- Alf OIU>INANCB AIIBNDING TlTLB 7, CIL\Pl'BJl 88, SBCl'ION 8, OP THB ENGLEWOOD MUNICIPAL CODE 1985 REGARDING OBSTRUCTING HIGHWAYS AND PUBLIC PASSAGBS. WHEREAS, the sales tranaactions prohibited by this Ordinance pose substantial danprs to the motorinr public and to the hawkers; and WHEREAS, solicitation not only affects the partin directly involved in the transaction, it also inc:reun traffic hazards at more remote locations; and WHEREAS, hawkinr activity adds another element to traffic that diatracta drivers; and WHEREAS, although the hawkers are instructed about safety and proper sales techniques, the hawkers do not consistently adhere to those procedures; and WHEREAS, the City need not wait for misfortune to strike to demonstrate a need for the Ordinance; and WHEREAS, the Ordinance addresses le,itimat.e rovemmental interests; and WHEREAS, ample alternatives to solicitation on the median currently e:idat and this Ordinance does not endanrer the ability to upreu ideu; and WHEREAS, thia Ordinance eomplin with the Colorado Supreme Court deciaion in Qcnur Pph)iebim AnnPIDY y City ,( Awwl, 19 B.T.R. 804 (Colo. 11196); NOW, THBREPORE, BB IT ORDAINED BY THE CITY COUNCIL OP THB CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5cmm 1 The Bnelewood City Council hereby amends Title 7, Chapter 8B, Section 6, by addinr an-Parqraph D, of the Bnrlewood Municipal Code, 1985 which aball read u follow,: 7-68-6: OB8'l1WCl1NG HIGHWAYS AND PUBLIC PASSAGES: A. An individual or corporation commits an off'enae if without lepl privilep he intentionally, knowinsfy, or reckleuly: 1. Obstrw:ta a hipway, street, lide-lk, mall, rail-y. wa&e~y. buildinc entrance, elevator, aiale, ltairway, or hallway to which the public or a auhatantial srouP tithe public bu -or any other p1- uaed for the pauap • penona, vehiclea, or conveyances, whither the obetruction uiN9 from hil acts alone or from hia acts and the acts • other&; or -1 - .... ,, - • . ' \ I . • 0 • 2. • • ,. • Disobeys a reasonable request or order to move issued by a person he knows to be a peace officer, a fireman, or a person with authority to control the use of the premises, to prevent obstruct.ion of a street or passageway or to maintain public safety by dispersing those gathered in dangerous proximity to a fire, riot, or other hazard. 8. For purposes of this Section, •obstruct• mean, to render impassable or to render passage unreasonably inconvenient or hazardous. C. It 1hall be unlawful for any penon engaged in the aale of newapapera, ma,azines or other goods or merchandise, to make any unn...aary IOUDd or noiae, to obstruct any sidewalk or other public place, or di1turb or impede othen. (Ord. 65 Series 1986) D . SOUCITATION ON OR NEAR STREET OR HIGHWAY. 1 . THE PURPOSE OF THIS PARAGRAPH IS TO PREVENT DANGERS TO PERSONS AND PROPEin'Y, TO PREVENT DELAYS, AND TO AVOID INTERFERENCE WITH THE TRAFFIC FLOW. ROADWAYS THAT HAVE CENTER MEDIANS OFTEN ARE DESIGNED TO DEAL WITH SPECIFIC TRAFFIC FLOW PROBLEMS. ANY DELAY OR DISTRACTION MAY INTERFERE WITH TRAFFIC PLANNING. SOMETIMES PERSONS STAND NEAR INTERSECTIONS AND NEAR TRAFFIC LIGHTS TO CONTACT DRIVERS OR PASSENGERS IN CARS THAT ARE PASSING OR THAT ARE STOPPED TEMPORARILY DUE TO TRAFFIC LIGHTS . 2. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SOLICIT EMPLOYMENT, BUSINESS, CONTRIBUTIONS, OR SALES OF ANY KIND, OR COLLECT MONIES FOR THE SAME, FROM THE OCCUPANT OF ANY VEHICLE TRAVELING UPON ANY STRBBT OR HIGHWAY WHEN SUCH SOLICITATION OR COLLECTION: A. CAUSES THE PERSON PERFORMING THE ACTMTY TO ENTER ONTO THE TRAVELED PORTION OF A STREET OR HIGHWAY. 8 . INVOLVES THE PERSON PERFORMING THE ACTIVrl'Y TO BE LOCATED UPON ANY MEDIAN OR ISLAND AREA WHICH SEPARATES TRAFFIC LANES. C. THE PERSON PERFORMING THE ACTMTY IS LOCATED SUCH THAT VEHICLES CANNOT MOVE INTO A LEGAL PARKING AREA TO SAFELY CONDUCT THE TRANSACTION. -2- --.--.-..-,__.......,..,.,. \ r I :r ' ... I . • 0 - • ,. ·, • <, 3. IT SHALL BE UNLAWFUL FOR ANY PERSON TO SOLICIT OR ATTEMPT TO SOLICIT EMPLOYMENT, BUSINESS, OR CONTRIBUTIONS OF ANY KIND FROII THE OCCUPANT OF ANY VEHICLE ON ANY HIGHWAY INCWDED IN THE STATE ~ INCWDING ANY ENTRANCE TO OR D1T FROM SUCH HIGHWAY. ,. FOR PURPOSES OF TRIS PABAGBAPH. THE TRAVELED PORTION OF THE STBBBT oa HIGHWAY SHALL IIBAN THAT PORTION OF THE BOAi> NOUIALLY USED BY MOVING MOTOR VBBICLE TllAfflC. Sertim 2 If any aection, panpapla. claul. • adm' portiaa ffl t.bia orc1iDance ii for any NUOD held to be invalid or 1IDIUfiw rnthle, the inftlidity or am.mfore11bility lhall not. afl'ect any of the remainiac pon;ilDa ti dais ordinaw. Sertim 3 'l'be General Penalty Prmaian ffl&.11.C. 1+1. lhall appl, to w:b and ..,-, Yiolation of this Section. Introduced. rud in fall, and pMNd on flnt 1"8lldinc on the 19th clay ffl Jane, 1996. Pllblilhecl u a Bill for an Ordinanee on the 2lnd clay ffl June, 1•. ATTEST: Low:riahia A. EUia, City Clerk I , Low:rilhia A. Ellia. City Clerk ffl the C-fl 1:apwoed, c.llrMo. __, cenify that the abo¥e and for1pin1 ii a tne copy fl a BiD for an Onlinanee. introduced, rud in full, and pMMd on tint ........ the 19th daJ fl hne. 1996 . -3- ..... . , .. I . . 0 - • • ~ ~ .. • (. COUNCIL CO-IINICATION a. June 1SI, 1995 10 1 iv INITIATED BY Department of Public 'lab COUNCIL GOAL AND PREVIOUI COUNCIL ACTION ...... Olcllaa -llllllpelnmental ......... Clly of UlllelDn A aepern ~ ....,..11 wllt'I the Colorado Depal1rnlld of Tramportallon (COOT) wa be eacut8d concul19flt wlltl this agrw,-,t. RECOPZIENDFD ACTION "' - Staff N8ka Council approval of an ordinance lo .-1nm an ....,..11 wlltl the City of UlllalDn lo apllt the coat of unanticipmd ..,..,.. for Sheridan's poltion of the median and llghllilg ••wam111t con1reCt w11t1 COOT . BACKGROUND, ANALY811, AND ALTUNA'IW IWirB CDOT's original Nlh'IIIH have bean reviNd upwsd ~ an addllolial 178,870. Shlridan la not In a tlnanclal poaition lo pay addlliolial arnounll OWW' what.., ... ---COliiilllld lo pay . &...-and Lllllllon have agrwt ID IPll lhNa COiia. El....,_. wa pay ...... call of 111.l70 lo COOT. 11111111111..,....,allal agrwnant wa 19qUir'e Ulllalan 1o reimburN e.....-. OIIMII of 1111 amour11. or 131,335. FINANCIAL .. ACT Englewood's poltion wa not 9IIICNd 131,335. L-.i la eo11111111d lo nlllChlng EliglHood's......, dollar for dollar up lo the 131,335 llmll LIIT OF AffACHIIENTI 811 for an Ordinance lnllrgcMrMlantal ...-11 . ' . .. I . . 0 , rJ-- • • . ~ ORDINANCE NO. _ SERIES OF 1995 ·, • (, BY AUTHOlllTY ABIU.l'OR QCIUNCII. IIILL NO. 11 INTRODUCED BY COUNCIL a- WHBRBAS, the Tri-Citjy Plannins Group wu formed in lNl by the eitiN af Bnpewood, Littleton and Sheridan to N&ablim criteria fer implovwta alone the South Santa Fe Corridor; and WHEREAS, the Colorado Department of'l'ransportatia (COOi') pnmdecl an initial coat estimate f'or each city"• .-hie imprclft-tl; and WHEREAS, the City of Sheridan"• portion oripwly wu eatimeted by COOT at '80,000.00; and WHEREAS, the Colorado Department ofTranlporiation reYiNd itl Ntimate with the final estimate of Sheridan'• portion beins $116,670.00, nlllltin, in an incnue af $76,670.00, to Sheridan; and WHEREAS, the City of Sheridan ii not in a ftnancial polition to ~ the incrNN; and NOW, TIIERBFORB, BB rr ORDAINBD BY fllB CITY COUNCIL or fllB cm OF ENGLEWOOD, COLORADO, AS l'OUDWS: 8cc;tim 1 The intaapvwnman&al apwt with ....,_ to the,,.,.,.. ti median lichtine enhan-ta alone tba South Santa ,. Corridor ...... --u "Emibit A" ii hereby aeeept.ed and allll"'ftCl by the Bnpwood Cit, c-cil fte Mayor ii atdboriucl to uwta and tba City Clerk to au.at and aaal tba q,1 and on behalf af tbe City of..........., Colorado. lntroclucecl, rud in full, and puaed on flnt nadiDc on the 11th clay of Jane, 1111. -1- "' - • < .. I . . 0 '32xl • • • . ' ATTEST: Loucriahia A. Elli1, City Clerk I, Low:rithia A. Ellit, ~ Clerk ti die Cily ti £nclewood, Colorado, hereby certify that the above and f'or•il• ii a true copy• a Bill for an Onliaaw, introduced, read in full, and ,.....SOD ftnt readinc OD the 19th day• June, 19915. Loucriahia A. Elli• -2- • ' ' .. I . . 0 • • • • ·, • EXHIBIT A AGREEMENT AS TO THE FINANCING OF UGHTING ENHANCEMENT FOR SOUTH SANTA FE DRIVE (U.S. 815) BETWEEN THE CITY OF LITl'LETON, COLORADO AND THE CITY OF ENGLEWOOD COLORADO. Thi1 A,reement, entered into dais __ day of 1995, by and between CITY OF LITTLETON c-littWon") and the CITY OF ENGLEWOOD <"Enrlewood•) municipal eo1po.atioua oftbe 8&at.e of Colorado. WHEREAS, the parties have been w.kinc .._..., t.o crate 'riaual unity in the South Santa Fe Drive corridor and have ......... ltaDdarda and plana for the reconlltruc:tion of South Santa Fe Drift (U.S. II).,. thl"Olllh the Tri-City Planninr Group and the Colorado Department of Tramportatiea; and WHEREAS, the propoeecl hipway lipti• impr...._.ta, located in the City of Sheridan from U.S. 285 South to Stanlord A-an in intesraJ element of the overall delirn of the communitiH and help to establish the charader of the communitin; and WHEREAS, the portion of the propoeed hip-y lipti-. improvementa, located in the City of Sheridan from U.S. 285 IOUth to Stanf'orcl Avenue, pnmdn a pteway into the eitiH of Sheridan, Eqlewood and Littleton and repNNDtl a direct nftection of the character of these communitie1; and WHEREAS, the Tri-City Planninr Group bu apeed to be a financial partner with CDOT to cover the coata; and WHEREAS, the Tri-City Planninr Group hu apeed to participate in the colltl ulOCiated with urban dnip enhaneementa throqhout the corridor with the Colorado Department of Tran1portation; and WHEREAS, The cities of Enclewood and Litt.let.on haw acned to help finance a portion of the co1ta of median Jichtin, enhancemmta for a NCtion of the roadway located in the city limits of Sheridan; NOW THEREFORE, in con1icleration of the eovenanta and promiNs contained herein, the 1ufflciency of which i1 a acknowledpd by the partia, tbe parde1 .,.... u follow1: Littleton hereby apeH: 1. To pay for improvementa located in the City of Sheridan, up to a muimum of $38,335, for coat.I in connection with the perf'ormanee of conlltnadion, and con1truction en,ineerine,11upervilion and the related adminiatntion of the ·Project•. 2 . The City of Liu.let.on repruenta and -rranta that it hu taken all aetiona that an neceuary or that an required by its proceduna, bylaws, or applicable law, to leplly authorise the undeniped 1ipatory to necut.e the Contract on behalf' of the City of Liu.let.on and to bind the City of Littleton to the tenu of the Contract. EnrJewood hereby A,ree1: 1. To pay for improvementa located in the City of Sheridan, up to a muimum of $38,335, for coeta in connection with the performanN of conltnlction, and construction en,ineerine,laupervilion and the related adminiatntion of the •Project•. I . • 0 ]- /,i • • • • (, 2. The City ofEnrlewood repruenta and warranta that it bu taken all ac:tiona that are neceuary or that are required by its procedures, byla-, or applicable law, to leplly authorize the undeniped lipatory to u-t.e the Contract on behalf al the City al Enr)ewood and to bind the City of Enpwood to the t.erma of the Contract. Mutual Provi1ion1: 1. Eapenditurea put.er than the amount .,,.. to in thil contract lha11 not be nCNded unleu an amendment to thil Contract ii tint ..-W by the pertiel with the formalitin u wen undertaken in the adoption al thil contract. 2. That Aid "Project" pnerally conlia alimp.owementa to lichtinc on South Santa Fe Drive in the City al Sheridan. The ~ti are u let forth in Bahibit •A•, aUachecl hereto. 3. Should either al the Citie1 fail to provide all of the neceuary fundl u qreed upon hereunder for the project, thil .......-,t may be t.erminat.ed by either puv with reapeet to the project. Any party tenninatinc itl internta and obliption1 let forth in the qreement lhaU not be relieved al any ftnancial obliption1 which mat.eel prior to the eft'ective date of mch termination or which may _,. u a l'NUlt al IUCh termination. 4. The term of the contract lhall continue throup the completion al the project and receipt by Enclewood of final payment from Littleton. 15. It i1 expreuly undentood and a,reed that enforcement al the terms and conditiona of the contract, and all riebta of ac:tion relatiq to IUCh enforcement, lhall be ltrictly raerved to Bntlewood and LittletGD, and noduns -iainecl in the -tract lhall sive or allow any mch claim or ript al act.ion by any other or third per-, on 111ch contract. It i1 the .,..... intention al Bnllnood ancl LiUlet.on that any penon other than the City al.,..._.• the City alLittlltm -11 be...._. to be an incidental beneficiary only. Thi, Acreement lhall be binclinc upon and inure to the blnlftt al the pertiN hereto, their IUCCHIOn and auip1. In Witneu, the City of Enpwood and the City alLit&let.on haw caued thil A,reement to be ueeuted by their reapective officiala and a&telt.ed to on the data ~tly lilt.eel. CITY OF ENGLEWOOD, ATTEST: Loucri1hia A. Elli,, City Clerk Dated:-------- 2 "' - ' . .. I . ' , • 0 '32 x l •, '· ATTEST: Janice Owen, City Clerk Dated_·------- • • • I• • CITY OF LITl'LETON, By: __________ _ 3 Denni, Reynolds, Prelident ~ Coancil ...... . ' .. I . . 0 I I ___I:,: '32 x l • • • Date June 19, 1995 INITIATED BY • • ·, • .. COUNCIL COalUNICATION Agenda 11811'1 10 a v· ITAFF IOUllCE lulljec:t . Onli•a-hllll~I ...,_itwllhCOOT Department of Public Works ChartN Ellllrty. DnclDr of Public Wartca COUNCIL GOAL AND PREVIOUS COUNCL ACTION City Council, as part of the 1995 budget procea, approved funding ID pay a portion of the upgrade com for median and lighting enhancements along Soulh Santa Fe Drive belwNrl Hampden and Big Ory CfNk, through the Public Improvement Fund budget. Council approved a similar contract for enhancemenla, along Soulh Santa Fe Drive between Yale and Hampden, in August of 1994. RECOMMENDED ACTION Staff seeks Council approval of an on:linance to entar Into an agreement with the Colorado Department of Transportation (COOT) to provide funds to pay • portion of the upgrade com for median and lighting enhancements along Soulh Santa Fe Drive belwNr'I Hampden and Big Ory CfNk, a part of which ....-through Englewood, but most of which lies In the City of Sheridan. BACKGROUND, ANAL YSII, AND ALTERNATNU IDENTFIED City Council and staff are 111111 HIid In upgrading the ...... a and function of the Santa Fe Corridor. The Cilia of Sheridan and Liltleton have joined wllh Ellglewood to ...-t and fund upgradel lo .. highly visible conidor. Staff has reviewed this contract and l9COllll•ldl Council approval of ltlil M . Santa Fe Drive ii a major antranc:e to the City of Ellglewood. 11w upgrades to llghllng, pelnt achemN, iandlcaping, and wall graphics will improve the image of our City, and that of Sheridan and LN11eton • well . However, thele cannot be Installed without a llnanclal commllnient. FINANCIAL .. ACT 1n the 1995 Budget. seo.ooo was a11oc-.c1 for ltlil project through the Public lmpiovena,t Fund . The actual contract amount ii $91,192 1• The dl«.rence of $31,192 wll be funded from the relmburaement by LNlleton made by a aeparate intergovermiental agrNffl8fll UST OF ATTACHMENTS BIR for an Ordinance ln111rgoYemmental AglN!Mnt 1 Thia flpre includes S76,670 to -Sheridan'• lllard'tll. Eapwood a Lillllloa wlU mi pay -.If ofdail 1111111ticipaled expense . Littleton will reimbune EnaJewood S31,335 . ...... I· • 0 • ORDINANCE NO . _ SERIES OF 1995 • 0 • BY AUTHORITY ABIUFOR I• COUNCIL BILLNO. n INTRODU~UNCIL NPHMP~~ AM ODINANCB AtmlOIUZING AN Dl'l'aQOVDNIIDTAL AOBDIIBNT BETWEEN THE STATE OP COLORADO DZPAKTIIBNT OP ftANIPO&TA'ftOM AND THB CITY or BNOLSWOOD, COLOIIADO PERTAINING TO THE SANTA FE CORRIDOR ENHANCEMENTS CONTRACT. WHEREAS, the Colorado Department ofTranaportation ii reeonltJuctin, Santa Fe Drive (State lfichway 85) ftom Hampden Avenue to Bis Dry Cl"Nk; and WHEREAS, a portion of thi1 project i1 located in the Cit;y of Ene)ewood; and WHEREAS, the City of' Enclewood desires modiftcation of the State'• project plans to add liehtinc and median enhancements to thi1 project u delcribed in the The Santa Fe Corridor Enhancements Contract attached hereto; and WHEREAS, the State and the Cit;y or Enelewood delire to consolidate the performance of the work with the performance or the State'• hip-y con1truction project in onler to minimise dil1'UPtion to the travelinc public; and WHEREAS, the City hu fundl available and i1 willinc to pay for a portion or the costs incurred by the State in the performance of'the work; and WHEREAS, the City and the State Department of'Tramportation clnire to Nt forth their respective obliption1 and raponlibilitiel with napect to the work and the fundine thereof; and WHEREAS, the City desires, and the State 11N81 to IIIIICOlllplish the work uaine the personnel and aervicu of the State; and WHEREAS, time i1 of' the elNBC8 hereof', and the parties deem it to be in the public interelt for the State to furnish the encin•rinl amrices and conatruction administration in connection with the work; and WHEREAS, the State hu estimated the total coat of'the work and the City of' Enelewood i1 prepared to provide ita share of'the colt; and WHEREAS, the City of' Enpwood and the Cit;y of' LiUleton an •t.erint into an interpvemmental a,reement lharinc the coltl of' the Cit;y of' Sheridan'• portion of' thi1 project u Sheridan i1 not in a financial poaition to pay their portion; ... • ...... •. I . . 0 '32xl • • • NOW, THEREFORE, BE IT ORDAINED BY THE cm COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOUOWS: Sertim 1 The Santa Fe Corridor Bnhane91D111ta Contnd betwwa the State • Colorado Deputmmt aTramponatian and the Ci1iY ti Wewood ia henby accept,ed and approwd by the Enpwood Cit;, Coancil. 'nae 11...-ia aathaliald t.o __. and the Ci1iY Clerk'° au.i and ..i the,., ,...,t ,_ _. • Wwf •tbe Ci1iY • Enctewood, ~orado. 8ectkm 3 The Santa Pe Corridor....._.. Contnd la auached u "Emibit A•. Introduced, nad in fv.11, and puaed m ftnt nadins • the 19th day ti Jane, 1996. Publiahed u a Bill for an Ordinanee ma the 22nd day ti Jane, 19915. Tbomu J. Bum1, Mayor ATTEST: Loucriabia A. Elli,, City Clerk I, Loucrisbia A. Ellia, City Clerk tithe Cit;, ti.._...., Colalwlo, _..., ..-tify that the above and fonauinc la a tnae c,opy ti a Bill for an Onllnanee, ~ read in full, and pauecl on ftnt rudinc on the _ day of 1996. Leaerialua A. Bllia -2- .... ., I . . 0 , ~?)(I • • • STA 085-2(46) ENHANCEMENTS IN SANTA FE CORRIDOR (REGION 6 -LJB) • 0 - EXHIBIT A CONTRACT THIS CONTRACT, made this 19 ___ , by and between the State of Colorado tor the use and benefit of THE DEPARTMENT OF TRANSPORTATION, hereinafter referred to as "the State", and the CITY OF ENGLEWOOD, 3400 South Elati, Englewood, Colorado 80110, hereinafter referred to as "the Local Agency" or "the contractor", WHEREAS, authority exists in the law and funds have been budgeted, appropriated and otherwise made available and a sufficient unencumbered balance thereof remains available for payment in Fund Number 400, Organization Number 9991, Appropriation Code 010, Program 2000, Function 3300, Object 2311 l (NJ, Origi_nating Unit 6061, Project Number 93223 00 C, (Contract encumbrance amount $0); and WHEREAS, required approval, clearance and coordination has been accomplished from and with appropriate agencies; and WHEREAS, the State anticipates construction of a project, identified as STA 085-2(46), for reconstruction of Santa Fe Drive (SH 85) from Hampden Avenue to Big Dry Creek, a portion of which is located in Englewood, Colorado; and WHEREAS, the Local Agency desires modification of the State's project plans to add lighting and median enhancements to the project, .as more specifically described in Exhibit A, hereinafter referred to as "the work"; and WHEREAS, the State and the Local Agency desire to consolidate the performance of the work with the performance of the State's highway construction project in order to minimize disruption of the traveling public; and WHEREAS, the Local Agency has funds available and is willing to pay for a portion of the costs incurred by the State in the performance of the work; and -l- ...... - •. .. I . • 0 '32 x l -- • • • • 0 • (. WHEREAS, the parties hereto desire to set forth their respective obli9ations and responsibilities with respect to the work and the fundin9 thereof; and WHEREAS, the Local Agency des{res, and the State aqr••• to accomplish the work using the personnel and services of the State; and WHEREAS, time is of the essence hereof, and the parties deem it to be in the public interest for the State to furnish the enqineerin9 services and construction administration in connection with the work; and WHEREAS, the State has the expertise and is adequately staffed with professional personnel who are capable of and available for providing the plans and specifications, administration of contracts for and supervision of the construction of the work; and WHEREAS, the State has estimated the total cost of the work. The Local Agency is prepared to provide its share of the cost as evidenced by an appropriate ordinance or resolution duly passed and adopted by the authorized representatives of the Local Agency, a copy of which is attached hereto and made a part hereof; and WHEREAS, said ordinance or resolution also establishes the authority under which the Local A9ency enters into this contract; and WHEREAS, this contract is executed by the State under . authority of Sections 24-92-lOl, et seq., 29-1-203, 43-l-llO, 43-1-116, 43-2-101(4) (c) and 43-2-144, C.R.S., as amended. A. NOW, THEREFORE, it is hereby a9reed that: ARTICLE I PROJECT PROVISIONS This contract establishes the general provisions for and defines certain responsibilities regarding the installation of lighting and construction of median enhancements in conjunction with the State's reconstruction of Santa Fe Drive (SH 85) from Hampden Avenue to Big Dry Creek, a portion of which is located -2- ' ,, - . ' •. I . • 0 \ I I:, '32xl • • • • 0 • in Englewood, Colorado, as specifically described in the plans and specifications for the work which are incorporated herein and made a part hereof by this reference. B. The parties have agreed to a fixed amount of $204,770.00 as the cost of the work, including the cost of materials to be furnished by the Local Agency ($33,578.00). A portion of the costs of the work ($80,000.00) will be borne by the City of Sheridan under separate contract with. the State. Within 30 days after award of the construction contract for the work by the State, the Local Agency will remit to the State a lump sum of $91,192.00. This shall be the maximum amount of Local Agency obligation under this contract unless such amount is changed by written supplemental contract. C. The State will provide liaison with the Local Agency through the State's Region Transportation Director, Region 6, 2000 s. Holly Street, Denver, Colorado 80222. Said Region Transportation Director will also be responsible for coordinating the State's activities under this contract. The State will convey ownership of the. improvements to the Local Agency upon completion of the work. D. It is understood and agreed by the parties hereto that the total cost of the work stated hereinbefore is the best estimate available based on the design data as approved at the time of execution of this contract, and that such cost is subject to revisions agreeable to the parties prior to bid and award. Following award of the construction contract(s), no further revisions in design data or cost estimate shall be made except by a9re ... nt in writing between the parties. E • The parties hereto agree that this contract is contingent upon all funds designated for the work herein being made available from the Local Agency sources. If the Local Agency fails to provide necessary -3- ' ,- •. I . • 0 • • 0 • funds as agreed upon herein, the contract may be terminated by either party. Any party terminating its interest and obligations herein shall not be relieved of any financial obligations which existed priqr to the effective date of such termination or which may occur as a result of such termination. After the State's construction contract for the work has been awarded and fully executed, this contract may not be terminated until the work is complete and final bills are paid in full. ARTICLE II GENERAL PROVISIONS A. The State will provide the preliminary engineering for the work, including the preparation of construction plans and specifications in accordance with the State's Roadway Design Manual and Standard Specifications for Road and Bridge Construction and with Exhibit A (Description of Enhancements in the Santa Fe Corridor from Hampden Avenue to Big Dry Creek), attached hereto and incorporated herein as terms and conditions of this contract. The State will afford the Local Agency ample opportunity to review and approve the construction plans and special provisions. The State will provide final assembly of construction plans, special provisions, and construction contract documents. The State will establish appropriate Disadvantaged Business Enterprise (DBE) goals for the construction contract(s). The State will advertise the call for bids and award the construction contract(s) to the low responsible bidder(s). B. The State will provide construction engineering during the construction of the work. Said construction engineering will include field and office engineering, inspection and material testing, traffic control, and the supervision of the construction of this project. On completion of the work, the State will schedule a final -4- ~---.,...,.-....,,.._.,~~·, r I! ' I • • 0 • • 0 • ,. inspection of the work with the construction contractor and the Local Agency. Based upon that inspection, the Local Agency will indicate in writing its concurrence or non-concurrence of the satisfactory performance of the work. Performance of the work in accordance with the plans and specifications will be deemed to be satisfactory. Open satisfactory performance of the work, the State will effect contract close out procedures, including advertising for and settlement of claims. C. The State shall m&intain all books, documents, papers, accounting records, and other evidence pertaining to costs incurred for the work and shall make such materials available for inspection at all reasonable times during the project period and for three(3) years from the date of final payment by the Local Agency to the State. Copies of such records shall be furnished to the Local Agency upon request. D. The Local Agency will maintain and operate the improvements constructed under this contract, at its own cost and expense during their useful life and will make ample provision for such m&intenance each year. Such maintenance and operations shall be in accordance with all applicable . statutes and ordinances, and regulations promulgated thereunder, which define the Local Agency's obligation to maintain such improvements. E. The term of this contract, except for the provisions regarding maintenance, shall continue through the completion and final acceptance of this project by the State and the Local Agency. The covenants with regard to maintenance of the improvements constructed under this contract shall remain in effect in perpetuity or until such time as the Local Agency is, by law or otherwise, relieved of such responsibility. F. To the extent that this contract may be executed and performance of the obligations of the parties aay be -5- I • • 0 , • • • • . . accomplished within .the intent of the contract, the terms of this contract are severable, and should any term or provision hereof be declared invalid or become inoperative for any reason, such invalidity or failure shall not affect the validity of any other tezm or provision hereof. The waiver of any breach of a term hereof shall not be construed as a waiver of any other term, or the same te%DI upon subsequent breach. G. This contract is intended as the complete integration of all understandings between the parties. No prior or contemporaneous addition, deletion, or other amendment hereto shall have any force or effect whatsoever, unless embodied herein by writing. No subsequent novation, renewal, addition, deletion, or other amendment hereto shall have any force or effect unless embodied in a written contract executed and approved pursuant to the State Fiscal Rules. B. This contract shall inure to the benefit of and be binding upon the parties, their successors, and assigns. I. the Local Agency represents and warrants that it has taken all actions that are necessary or required by internal procedures and bylaws, and applicable law, to properly authorize the undersigned signatory for the Local Agency to lawfully execute this contract on behalf of the Local Agency and to bind the Local Agency to its terms. _,_ . ' •, .. I. • 0 1 a2xl • ... • • .. IN WITNESS WHEREOF, the parties hereto have executed this contract on the day and year first above written. ATTEST: By ""'c'""h"'"i-e .. t-c""i-e-r""k ___ _ ATTEST: By Title -7- STATE 01' COLORADO ROY ltCMEll, GOVBlUIOR By ... E-x-ec:-u-t'""I ... ve-"'"D'"'l_r_e_c:.,..t-o-r--- DEPAa'l'NEIIT or TaANSPORTATION CITY or DGLEWOOD, COLORADO By __________ _ Title----------- ' I ' ,, .. I. • 0 , r r~, '32xl • • • ·, • '· DESCRIPTION OF ENHANCEMENTS ,·THE woRK·1 IN THE SANTA FE CORRIDOR FROM HAMPDEN TO mo DRY CREEK EXHIBIT A: The following text discuues the enhancement items and the currently anticipated responsibilities for paying for the entire costs of installation and maintenance. COLORS The color scheme in the corridor has been revised to include the following colors (See Attachment AJ. •Tan Federal Color 133531 (noise walls. retaining walls. abutments, piers. jersey barrier]> •Spanish Gold Federal Color 130233 (girders!. •Dartt Green Federal Color 114056 (railings, chain link fencing, poles for HOV destination. lighting & lignelaJ. •Deep Aust Federal Color 122144 (accent on poles). COOT will incorporate the above colors into projects under c:anatNction and under design at no cost to the cities. A decorative treatment of the jersey barrier has been developed for the corridor. (See Attachment AJ. The following jurisdictions will be responsible for paying for repainting: Ibe Cities •After COOT installs the painted light poles. Public Service Company will repaint the poles as necessary and bill the cities as part of their ongoing maintenance agreement with the Cities. It is understood Public Service may have to do thia work during the day and close a lane of traffic during off peak hours. If it necessary to close I lane of traffic.Public Service will notify Region VI Maintenance 24 hours in advance of this action. 4 .. I. • 0 1 32xl • • • ,,,_ • • '· Co!orado Peaoarneor of Icoosoaauiao -COOT will repaint retaining walls, abutments, piers, jersey barriers, railings and noise barriers along Santa Fe as needed and as funda are available. Thia will be consistent with the new color scheme in the corridor. •After COOT installs the painted poles for signals and HOV designation, COOT will maintain lie. repaint) the signal and HOV poles along Santa Fe as needed after having confirmed with the individual entity that they have the money budgeted to reimburse COOT for the work. LfGHJING SIGNALS SIGN PQSJS AND HOY SDYCJYBU The poles for lighting, signals, and HOV lane designation structures will be upgraded as shown in Attachment B. Decorative balal and lights wiU enhance the poles. The decorative bases on light and signal poles will be instaUed only if they wiU function with a breakaway pole at locations requiring breakaway poles, ie., areas not protected by jersey barriers. The Cities will pay for any coats over CDOT'1 standard fixture [galvanized pole/cobra head at $1,500 each) and standard lighting plan on the aide of the road. While initial costs have been estimated [See Table 1 ), lighting plans are being prepared to develop final estimates. After the light poles are installed, the Citiu will be responsible for paying any maintenance or replacement u part of their ongoing maintenance agreement with Public Service. As part of this agreement, the Cities ahould get credit for any reimbursements from private inaurance companies in case of collision. Public Service Company will charge the appropriate jurildiction for any coat to replace the light poles. bulbs, and electrical wiring. It is understood that the lights wil be replaced at night and a lane closure will probably be required. COOT underltanda that Public Service may have to close a lane during off peak dayllght houn if the repair of underground electrical wiring is required. COOT will maka known to Public Service Company that they will be required to give COOT 24 hours notice before closing down a lane of traffic. COOT will replace any HOV or signal poles if neceua,y and charge the Cities for any coats over and above our normal coats for standard signal poles and HOV sign structures less any reimbursement from private insurance companies in case of collision • COOT will install round metal sign posts painted brown for any single post sign. !5 . . .. I. • 0 \ I I. , 1'; 'a2 x l - • • •, • '· LANQSCAPfNG Landscaping will be placed along both sides of Santa Fe and in the median. TrH and shtub . beds will be developed in the median. The trN beds in the median will be protected by jersey barriers and the shrub beds in the median wil be protected by a curb and exposed aggregate edging. See Attachment C for a plan which shows where the tree and shtub beds will be located in the median. Any .,... ~ paving (such u noses of the median identifying the tum lanesl wiU consist of pPONd aggregate. See Attachment C for a plan which shows where landscaping will be located along the east and west sides of Santa Fe from to Hampden to Big Dry Creek. COOT will instaff the landscaping in the median, on the berm along the ... side of Santa Fe Drive and in nodes randuding entr,waya to the Citial along the Wat side of Santa Fe Drive u funds become available which is antic:ipatad to be not lat• than the end of 1996. The Cities will pay for any entry features r ••• signageJ to their communities. The Cities will provide the water for the landacaping and wil maintain the irrigation system and landscaping after it is installed and maintained by the Contractor for one year. Any maintenance of the landscaping on the side of the road can be conducted during daylight hours. Any maintenance of the medians can be conducted during off peak daylight hours. If any lane closures are required for maintenance of the median, they will be done during off peak hours. WALL QRAPHfCS Transportation graphica will be integrated into the retaining walla at Oxford and Belleview (See Attachment DJ. While COOT will pay for the graphics to be installed on the w.U. facing the Oxford/Santa Fe and Belleview/Santa Fe intersections. COOT wiU need to manufacture additional panels for the Oxford/Santa Fe intersection along with purchuing the used panela pr9Vioualy manufactured for Englewood at the Navajo/Oxford interaction. Thia wu an expedient for work already accomplished at Oxford. All new graphics .. 100" COOT expense. ' • < • . .. •· • 0 I • 0 • ;.,, .. • •• en .... z w ::E w ..I w z 0 en w C z ct al c:: :::, c:: 0 u. en a: 0 ..I 0 (.) Q w en 0 CL 0 a: CL ... 0 't: ·-a, ... < .c: ... .... 0 e,. . u z Cal ~ u < e,. e,. < C: .... c:J i:... ., .... Ill 0 .... .... C: 0 Ill Utll \ \ I! i' ! ; ! ' ! I I' I: I I I' I\ ·- ... I • • 0 '32xl • • - 1, I I' 11 .. Ill I ~ Ii 2 1· J ic 1! II I! CIII Iii'> s8 CIII Ii ~ .. • "' - i I « I i I I I I I i I ... .. .. C .. a C • .. I I .. a 9 ~ ! .. i C i .. .. i 0 I .. .. I u: (I Ill o " E-C. g': Z (I ... C [al >..,: ~ ~i ~ CJ II: .... r c . w..:. E-C , E-I'.) ... : < Ill O .• C"-t.· ... I ., • • 0 , xi • • • • • .. I _J~ I I ..... ,, - < ,r .. ' I . • 0 '~7 I • ,,. - 0 • ,. .. Q :k .. C 0 2: ·~ w ., ~ .. ., u .... C 0" .. a..~ .. WI.::; C C Q. " .. .. .. .. ~ I • • 0 ' ., ___ . ____ ,·!· I I I I . I I I I .~l'(i!I . I I I I ·I • • l • ,. I A ... -- ~ 0 • • ) rRELIMINARY COST ESTIMATES FOR TIIE WORK FROM YALE TO CHURCH AVENUES 1 ITEM NEEDS NEEDS BY NEEDS BY NEEDSBY777 APRIL94 OCTOBER94 Da111Hunplea 01ron1 Ballffiew .,,_ Project" IINn: ....... En1ie-t Burier Ddail S 6,475 S 1,700 Pad Clinlen1 $44,411 WIIIOnphica1 SJJ,111 l.iplil'I 167,600 •s..J§.a BaaaC-. S 10,400 ST S 41,100 Sound-II S 1,925 +•••s 1,.,10 Credil ro, Ma1eriab •• SUl..UI) T s 91,192 .,.... larrier Dallil s 1,170 ...... •s liLSII BaaaC-ST S 156,670 ••• s (...16.6111) T s I0,000 l.illllloa larrier Dalli T•• ......... l.ipl-a S 41,100 BaaaC-S 7,576 MllpaliN l.ipl-a s 16,000 c--, (1-,onledia fiprwlllNwe) SUBTOTAL ffl,S99 $93,400 S 204,770 S SS,676 COOT l.ipl-a $64.SOO S 75,000 S 40.SOO ~ ........... , S 6,l90 s 2,600 ...... ( ..... ) 11111/W ...... or To•~ S..Fa TOTAL ffl.S99 S164 790 S 212170 S 96176 ' Pro;ecl C01U ro, f'ulura project• rrom Clatn:h Av-lo C470 will be develored at a later lime. 1 R..-inl eaistiaa rail"*' IINC1111• al Dartnallh and llamplen lo he consillenl wil new corridor colon. 1 Pa,. ro, form linen for -111raiihic1 al Navajol01fonl. • Includes hase CO¥en • • C red ii 10 Eftalewood for 111111erial1 on hand ••• Englc:wu,.1 ,n cnv.:r S76.6 70 nr SherMlan en~•~ llfl '''""· r.iti,·~ h11Ve • 41:t-fWlfNlr .... ,,., .. ,.,.,,. (or ''''"'''"'''"' • • " • NEED SBY 1996 TOTAL Dut.lllamplenl Odon! Landecapina Slll,O:JO S 94,lll $60,176 r I 0 • S 1,900 .. s 0 SlSl,417 $431,690 S 249,000 t •• .,...,.... S 249.000 S790 127 '- • I .. ~ J . ~ ..,. 0 I ~ .. ~ f l . Uf tl~ :::i; l!WS ... • • I. • . ) ... if 5 ,: :r=,~ 1;; r1; ;1; llffl~ J 5 1· 1~, I llli I :1'[it•1 11l1;~i I 1~, ! li I ~I If :·1 .. 111•r 'If i J 5 1·P .• !,Si !::alJ: ~!t !,i 1!. li 1 '1· 1 tl i II g t!1:·, .-~·-! IJ i I.! I ~ ?;~ • ~K· f Z O ,,_, :~i I ~ r -~ > 11, 1 (1 l!l t;I r~ lil}t• l ~11 5 •11" [•!:i11jl! ~ ii ~ 'i J Iii 1ft iii Iii ti J;J1ftJli 1a Jfi I t1; iilili!~i 1!. ii ii~ 111 ii tit 1~, I . I I }J' )Jr ! i1Jlia~ t ii ti·1 !I IJI tit t. t -111·1 ' ta~~ ;,I ·f;} ·(1:11 f I! ~r H it-ii, 11. Ji I I r,1 i ljt 111.J,,!Jr 1 11 111 u uH11 1.1,1·,;f~f 11n · i111 h1h!im 1 11 ~ -l. .t -· ... f._ .J 1 It I ,.~ Ii (ii(1•1:"'1t I ~t ... • •.t• l'at J .. !1,,il "' ,,. !II ~ > t" ;1 0 < ·1 'I lif iif ~: fliJil I'' ~I ::j1 lliitl • 1 ~ I • 1 f 1 1 · j l; i I J' rf I fr · ! ' J!1 h ! H rl f : ~ t! Ii 11 1{ 1-l·t 1: 1111 11 . 1i .:! lll11'!1'rr11 ! ! J 11 f fl ,11.~ f· •f e•. 1• l11~ t f (~ '1 ,if lij ·. fiJfJ 1f f 1 ,,, ;rif i1j· f • 1: I . 1J 1, JI •,11 fl ~1 i111ft·1t I I •f ii 'l 1r 1~1 ll! 111~11t 't' '11 {!i~ I~,· I f J; t! 11 . ;1• 1• \ 'f J . •! 11·,I,!!JI l r . • 1 I . ' I f f( 1 t 'It . J 11 1, •!l 1., 11 ·tl,t,. 11 •• !fiii1ttl . f J, 11 l,t ,. , 1 ,, , · ll 1i!!1l~1I f i . . .. , I r • I . '. ' • • • " I ] • ,, ~ • C• • ' ,, 111 In tllc ... ..,. of 1llc ~rac1or'1 -c-,li.-. •itll tlle _-4iicria;.._ cl-of *ia -•IKI or •illl •:,of-" ni1a. ,...._ or -n. •• coninct nta:, llo cucelod. -~or_,.... ia wllele or ill,.,. -tlle --,. llo _....,. imli1illle for,__ s,--ia ..-..Ce witll ,ncec1-. -llori• i• &aonti ... o..r . ..,.. 0,,.,-il:, -Am,..;.,. Actiea of April 16. 1'7S -• 1111& ,......._ er ..,.,,._.....,. iaacCONllactlllaewi•.--11..__iNa•-:, • .,.._,...;••-:, • i..,...u,..,.....ia..._...ONer . .,._. o,,..._;,, -~ ... Aaia., April 11. ,,,,., •.., 1111& ......._ • .-. ,..... ..... _._ ........ •• ....... ...... .., .... 111111,e -will ioc ... die,..., ... .,,_..,.,... Ill ._flt 1111 ia ..._,..,.__,INC_ pvcllut-...... ~ 11, 1111a. ,opaaa-. or -illMod ,...._ IO a-;.,. OMlr • ..., o,,or.-,, -Al'lllaMi .. Ac1ia al April 16. lt7S .... .-II.,...... will 11t..i111t.,_w11..._.orer ....... 11lc_•iU1UC.-llaaioa __ ...,._ _ _,, .. 11• a .... ,.... ....... .._ .. ....,, _, ..... u ._.,_, __ , _ • .,..,iaiem.lac ..... ~ ,.._ 11-,11-~ ............. _ ... _ .._ ill¥Ol,..ia.oria1--..wit11.llliptia.willltlll'*-or•.....,••,_.•.,_..dllftlioall, ... _.._....,. ... _ ., ..,..... .. s-o1c ........ _ _. Mii llli .. • • ..-i 111a ....... o1111as-o1c.i..o. COLOL\DO &.AaOa l'URUNCS 6a."'-"-ofCIS .. 17°IOl&ICIZfor,...._ofC:-__ ..,,.....,.dolo_fl,.__.wteia .. ,_ ___ _ _ ....... -.. ,.....,.,...,__ ,. Wlln ·---,.,,..... .......... .-......... _.. .................... .....__ ...... _.......liMlf ... ... .,,..,f,.oei1Rc"""''l',.ul101i.,..,._, ____ _,,... __ footip,W.•---rst,, 1.....,ioo......_lfilil_...,lilf .,.. .. ,,; .. , ..,..,...;.;_.. ,ur ... .,..,., 1111 llid _ _._ -•...,. -·-.... -r , __ .,,..,.. ,._ •llldl--• .. -·- .....,. •• --, .. 111...,;-or,-..11 •... ....-...... .....-. ... ...,. ..... _ _,, ,.,..__.,.,_,..,,. a-Ille_, witll'-1 ' ICU .. lf.101 _, ICIZI GPDAL , ....... ., ..... .,c:-___ ,.._ ..... ,.__ ..... ..,...... ........ ......... ., ... w.A-,,......ofdolo_ ..... .,_....,..... .... ..,....._...._,....._ ......... ..,_,_J SI lladror..-orwlll.a ............ --...... -.-................................................ ., ........... , , ... .., ..... _...,... ....... -. .,-..... ,..._ ............................................ ., ........ -..,..,., .......... ......... -Aa) ............... _.., .... .., .. .,_..., ... ,........ .. _ ................ ., ... _____ _ __ ...... .,_ . . ' LAI.S_ ....... ,..._.,..,_ .. C..-... ....., ....................... _ ..................... .... __ _,____ . ,_,.....,....._ .. .., • ....., ... ca, ....... .._..., .. c-...---.. .. ca ............ CMaao1Mlk--. ___ ....._., .......... ..-. . ............... ___ ...,......,. __ .....,.. ... ., .................................... ,.,.. ...... .... ..,.,,.. ............ .._ ... __. ... ea-... .., ........ -. ·~ -6,AC:,IIIX ... _,,,, .... ,,.. ... .,. • ffAft•retM IIOYa .... Amovau CONftOLLD ''-------------"""c'.""""'- .... ~ -.-... .,~ - ' • . I • • 0 , • • • COUNOL COMMUNICATION Date Agenda Item Subject June 19, 1995 Collective Bargaining 10 a vi Contrad between the Oty and the EPBA for 1996 Initiated By Staff Source Department of Administrative Services Randie L. Barthlome, Director of Administrative Services COUNOL GOAL AND PREVIOUS COUNOL ACTION The Collective Bargaining Contrad with the Englewood Police Benefit Association was approved by Council for 1995 and 1996, with provisions for a wage reopener in 1995 to set wages for 1996. RECOMMENDED ACTION Staff requests Council approval of the wage agreement to the Collective Bargaining Agreement between the Englewood Police Benefit Association and the City of Englewood for 1996. BACKGROUND, ANALYSIS, AND AL l'ElNA TIVES IDENTIFIED The City of Englewood and the Englewood Police Benefit Aseoc:iation entered into negotiations in May of 1995, in accordance with the City of Englewood Charter. Under Article 10, page 9, the approximately 60 employees covered by the Contrad will receive wage rates, based on the median of twelve survey cities listed in the a>ntrad, up to a maximum two and o~uarter percent (2.25%) increase on~ 1995 base wage rate effective January 1, 1996 and an additional one and one-quarter percent (1.25%) increase on the 1995 base wage rate effective July 1, 1996. For example, if the median were to come in at 3.0%, the increase would be 2.25% on January l, 1996, and 0.15% on July l, 1996. Uthe median were to be 4.0%, then the cap would apply and it would be 2 .25% on January 1, 1996, and 1.25% on July 1, 1996. .. ... ' • . .. .. I . • 0 "· FINANCIAL IMPACT • • • . . i. The impact of the salary increases will not be available until after December, since it is based on survey cities, and not all of the cities have finalized their pay increases at this time. However, the maximum impact of wage incrases for 1996 based upon the 2..2S'Yo and 1.25% fonnula would be $10,45.3 (salaries by approximately $54,600 and benefits by approximately $15,853). This represents about a 2.88% inaeue on~ and benefits. LIST OF ATTAOIMENTS . • , - • l • . V . , I .. I . . 0 - • • "' -• • • . . /0"-IJI RBSOLUTION NO. _ SERIES OF 1995 A RBSOLUTION APPROVING THE WAGB AGRBBNBN'l' TO TRB COLLBC'l'IVB BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND TIIB CITY or ENGLBWOOD POR THE PDIOD OF JANUARY 1, 1995 THROUGH DECEMBER 31, 1996. WHEREAS, the Englewood City Council of the City of Enat-ood, Colorado with the paaaage of Reaolution No. 91, Series of 1994 approved the Collective Barpining Contract with the Enclewood Police Benefit Aasoc:iation effective from January l, 1995 throuah December31, 1996;and WHEREAS, the Enat-ood Police Benefit Aasoc:iation Contrac:t wu approved by City Council with the provision of a wage reopener in 1995 to aet wages for 1996; and WHEREAS, the City of Enclewood and the Englewood Police Benefit Auociation entered into negotiations in May, 1995 in accordance with the Englewood City Home Rule Charter and a tentative agreement was neeotiated; and WHEREAS, the memben of the Englewood Police Benefit Auoc:iat;ion duly ratified, by a majority of the memben, the tentative wqe acn,ement to the Enpewood Police Benefit Auociation Contract; and WHEREAS, there -re no aipiftcant chanpa to the contnct from the previous contract other than a chanp in the rate of wap increaNS. 'l1le wap incrNN for the employen covered by thia Contrac:t for 1996 shall be u follows : Bfl'ec:tive January 1, 1996, employea who are covered by this Contnct will receive wap rates bued on the median up to a maximum of a two and one-quarter percent (2.251') in-eft'ective January 1, 1996 and an additional one and one-quarter percent (1.251') in-efl'ecti¥e July 1, 1996; NOW, THEREFORE, BE IT RESOLVED BY TIIB crrY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5emAD 1. The City Council of the City ofBnclewood, Colorado hereby approvee the wap a,reement to the Collective Barpininc Contrac:t betW9111 the Bnalnood Police Beneftt Auociat.ion and the City of Enclewoocl for the period of Janauy 1, 19915 throuch December 31, 1996. 'nle wap increue for the -ployNa CO¥Wed by this Contract for 1996 aha1l be u followa : Eff'ective January 1, 1996, employ-who are COYend by this Contract will receive wap rates bued on the median up to a muimwn of a two and ~r percent (2.251') increaae effective January 1, 1996 and an additional one and on..-,ier pereent ( 1.251') increue effective July 1, 1996; ADOPTED AND APPROVED thia 19th day of June, 1995. ATTEST : "nlo-. J. Burns, Mayor Loucriah.ia A. Ellia, City Clerk I. • 0 I • • • • I, Low:riabia A. Ellia, City Clerk for the City of Enclewood. Colorado, hereby certify the above is a true copy of Resolution No. __ Series of 19915. .. I . . 0 f 32xl • . " • \. AMENDMENT TO EPBA CONTRACT The CITY OF ENGLEWOOD and 1HE ENGLEWOOD POLICE BENEFIT ASSOCIATION agree to amend Article 10. Compensation. Section A and the first paragraph of Section B of their 1995-1996 Contract as follows: ARTICLE 10. COMPENSATION A. The salary schedule that became effective on January 1, 1995, is as follows: POLICE OFFICERS MONTIILY ANNUAL PROBATIONARY POLICE $2,450 $29,400 OFFICER IV Police Officer IV 2.595 31,140 Police Officer m 2,853 34,241 Police Officer II 3,139 37,669 Police Officer I 3,452 41,425 8. Effectm January 1, 1996, employees who are covered by this contract will receive wap rates bued OD the median u stated below up to a ma,rinn1m of 2.259', increase on January l, 1996, and an additional 1259', increase on July 1, 1996. For example, if the median were to come in at 3.09fi, the increue would be 2.259', OD January l, 1996, and 0.1S9fi on July 1, 1996. If the median were to be 4.09fi, then the cap would apply and it would be 2.25% OD January 1, 1996, and 1259& Oil July l, 1996. IN WITNESS WHEREOF, the parties have caused this Arnencbneot to the Contract to be siped by their respective representadfta and their sipature plKed thereon OD this _ day of 1995, at Ens1ewooc1, Colorado. CITY OF ENGLEWOOD Mayor A1TEST: City Oerk Oty Manager ENGLEWOOD POLICE BENEFIT ASSOCIATION . . .. • • 0 • • ORDINANCE NO._ SERIF.5 OF 1995 • 0 • BY AUTHORITY COUNCIL BIIL NO. 28 INTKODUCED BY COUNCIL IIJDIBER HATHAWAY AN ORDINANCE ESTABLISHING THE PERMANENT APPOINTMENT OF SIX SAFETY SERVICF.5 FIRE ADMINISTRATIVE POSITIONS OUTSIDE THE CLASSIPIED SERVICE OF THE CAREEll SERVICE SYSTEM. WHEREAS, with the passage of Resolution No . 42, Series of 1993 the Englewood City Council authorized the establishment of an experimental program which appointed five (5) Department of Safety Services Fire administrative position, outside the cla11itied aervice of the Career Service System; and WHEREAS, Safety Servicea wishes to implement this program permanently; and WHEREAS, six administrative support positions exist within the Fire Division which have been filled by personnel from the clauified service of the Career Service Syatem; and WHEREAS, appointment of certain personnel outside the Career Service System would allow flezibility in filling po1ition1, and provide equity for position, commensurate with responsibility, without violating the Englewood Firetighten Allociation Contract; and WHEREAS, this Ordinance would allow a penon fillinr a position to return to hia/her previoua u1i111ment within the Career Service Syatem should it become neceuary, baaed on performance or department need, or by mutual consent of the employee and the director unle11 conduct requires termination from the City; and WHEREAS, in an effort to keep Safety Services Fire Administration command staff' ranks at a minimum, yet provide upward mobility within the organization and maintain flexibility for the manapment of the organization, the appointment oftheae po1ition1 outside of the Career Service Syatem i1 a viable alternative; and WHEREAS, the duties and respon1ibilitiu performed by all of the six (6) Fire Administrative Support po1ition1 remain vital to the Fire Division; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 5cs;t,ign 1. The Enclewood City Council hereby approvea the appointment « six (6) Department of Safety Servicu Fire Admini1trative position, outside the clauifiecl Mrvice of the Career Service ayatem and such Program will be u follows: A. That there i1 hereby utabliahed the appointed positiona « one (1) FiN Manhal, two (2) Auiltant Fire Marshal1, one (1) Emerpncy Medical Coordinator, one (1) Traininr Coordinator, and one (1) Al1i1tant Traininr Coordinator, outaide of the Clauified Service of the Career Service System. 8. That the individual, appointed to the po1ition1 of Fire Manhal, Alliatant PiN Manha!, Emerpncy Medical Coordinator, Traininr Coordinator and Al1i1tant Training Officer 1hall retain their riptl to their prior Career Service po1ition1. ' •. 10 bf • • 0 1 J2xl • • • • • (, C. That the individuals appointed to the positions of Fire Marshal, Assistant Fire Marshal, Emergency Medical Coordinator, Training Coordinator and Assistant Training Officer shall retain those Career Service ripts for all purpose, in connection with retirement, penlion, medical benefits, 1ick and injury leave, vacation leave, termination pay, benefits to apou.aes and dependent children upon death, and any other auch compensation and leave benefita of the Career Service System. D. That when the Director of Safety Service, terminat.ea the appointment of a penon appointed to the poaition of Fire Marshal, Auiatant Fire Manhal, Emergency Medical Coordinator or Training Coordinator, Auiltant Training Officer no grievance or appeal under the Career Service Syatem shall uiat for that action. E. That a peraon appointed from a poaition in the Career Service Syatem ahall return to their prior Career Service poaition, Hcept in the cue of termination of employment from the City which may be appealed to the Career Service Board. G. The Director of Safety Service, may, after conaultation with the City Manapr, appoint to the po1ition1 of Fire Manbal, Auiltant Fire Manha), Emerpncy Medical Coordinator, Training Coordinator, and Aaai1tant Traininr Coordinator, qualified peraonnel from outside the Department when Department personnel have been evaluated and found not to have the requisite qualif'u:ations for the position,. H . Those persona appointed that were not within the Career Service Syatem shall have no Career Service ripts. I . The individual appointed to the poaition of Fire Manbal, Auiltant Fire Manhal, Emerpncy Medical Coordinator, Training Coordinator, and Aa1i1tant Traininr Coordinator, may enter into a written .....-it with different term, from thi1 Ordinance 10 lone u such qnement ii approved by City Council motion. Introduced, read in filll, and pauecl on ftnt reading on the 5th day or .June, 1996. Published u a Bill for an Ordinance on the 8th day or .June, 1996. Reed by title and paued on ftnal reading on the 19th day of June, 1996. Published by title u Ordinance No. -Series or 1996, on the 22nd day or Jime, 1995 • ATTEST : Thomu J. Bums, Mayor Loucrilhia A. Elli,, City Clerk I, Loucrilhia A. Elli,, City Clerk of the City of En,)ewood, Colorado, henby certify that the above and fonping ii a true copy of the Ordinance pauecl on ftnal reading and published by title u Ordinance No. _ Series or 1995. Loucrilhta A. BIila ' • < .. I. • 0 ' r (;, '32xl ] OIIDIKANCB NO. _ SERIES OF 1996 • • •, • BY AUTHORITY ,. COUNCIL BILL NO. 27 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN OBDINANCB AIJ'l'HOIUZING AN Bn'BNSION OF THE CUIUlBNT TBLBVISION SYSTEM PERMIT. WHEREAS, the Enclewood City Council approved Ordinance No. 4, Seri• of 1980 authorizinr the current Cable Television System Permit which expired April 6, 1995; and WHEREAS, Council approwcl Ordinance No. 38, Series of 1992 which authorized enterinc into an interpvemmental a,reement for Greater Metro Cable Conaortium to neaotiate a new agreement; and WHEREAS, the authorisation of this Ordinance ahall approve extension of the current Cable Television System Permit on a month-to-month basis until the new agreement ia finalized; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: 8os;t.ien 1 The City Council of the City of Englewood, Colorado hereby approves the e:denaion of the current Cable Television System Permit on a month-to-month buia until the new a,reement ia ftnaliaed. Introduced, read in full, and paued on fint readinc on the 5t.h day ol June, 1995. Publiabed u a Bill for an Ordinance an the 8th day ol June, 1995. Read by title and paued an 6aa1 readinc an the 19th day ol June, 1995. Publiabed by title u Ordinance No. _. Series ol 1995, on the 22nd day ol June, 1995. ATTEST : Tbomu J. Burna, Mayor Loucriahia A. Ellia, City Clerk I, Loucriahia A. Ellis, City Clerk of the City ol Enpewood, Colorado, hereby cmity that the above and fonpiq ii a true copy of the Ordinance palNd an ftaal readinc and publilhed by title u Ordinance No. _. Series of 1995. -1 • • . 10 bfi .. I. • 0 , ]- \ • ORDINANCE NO. _ SERIES OF 1995 • • • BY AUTHORITY t• COUNCIL BILL NO. 28 INTRODUCED BY COUNCIL MEMBER HATHAWAY Alf ORDINANCB AUTHORIZING AN IN'l'BRGOVUNMBNTAL AGRB&IIBNT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, SOUTH ARAPAHOE SAMl'l'AflON DISTRICT, ABAPAHOB COUNTY BOARD OP COUNTY COMMISSIONERS, SOUTHGATE SANITATION DISTRICT, WASTE MANAGEMENT OP COLORADO, INC., AND S0tn'II BNGLBWOOD SANJTA'ftON DISTRICT NO. 1, APPROVING THE TRANSMISSION OF WASTEWATER ORIGINATING AT THE COUNTY LINE LANDFILL. WHEREAS, Arapahoe County is the owner of the County Line Landfill and Waste Manapment Company is the operator and manapr of the landfill; and WHEREAS, rainfall and natural drainage have resulted in water containing contaminants to collect at the landfill site; and WHEREAS, Waste Manapment, South Arapahoe, Arapahoe County and Enelewood entered into a Wastewater Transmission Acreement in 1985 for the tranamiaaion of collected storm water from the landfill; and WHEREAS, the 1985 Agreement was aid.ended and modified by amendment dated October l, 1990 to allow a lift station and dewatering sump; and WHEREAS, the propoeed Acreement would allow South Arapahoe Sanitation Diatrict to accept collected storm water, which would then flow into the Bil Dry Creek Interceptor, which is owned in various aeementa by Southpte Sanitation District and Enclewood and ultimately flow into the Bi-City Wastewater Treatment Plant; and WHEREAS, the propoeed Agreement would authorize a new and aeparate connection to permit the diacharp of contaminated effluent from a pound water colleetion, pumpins and transmiuion system located on Tract K at the Fairways of South Suburban, Filinc No. 3 Subdivi1ion; and WHEREAS, all en£ineerinc, construction and connection fees will be incurred by Waste Manapment Company; and WHEREAS, no permit shall be approved or service provided until ftnal COllltrw:tion is approved by South Arapahoe; and WHEREAS, the City of Enelewood will collect treatment charpa bald an map from the County Line Landfill site; ..... ,,, - • 10 bff i I . • 0 , • ... • " . • ' , NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Sm;t;ign 1 The interpvernmental qreement between the City of Enclewood, Colorado, South Arapahoe Sanitation Diltric:t, Arapahoe County Board of County Commiuionen, Southp&e Sanitation Diltric:t, Wute ~t of Colorado, Inc. and South Enclewoocl Sanitation Diatrict No. 1, appnmnr the Wutewater Tranlmiuion Acreement which pertains to the tnnamiuion or wut.ewater orip•tinc et the County Line Lendfill, etteched beret.a u "Ezhibit A." is hereby ecceptecl end approved by the Enctewood City Council. Sectioo 2 The Mayor ii euthoriwl t.o eucut.e end the City Clerk t.o lttelt and -1 the Agreement for end on behalf of the City or Enpwood, Colorado. Introduced. reed in tWl, end puaed on tint reedinc on the 5th dey of June, 1995. Published u a Bill for en Ordinance on the 8th day of June, 1996. B.-d by title end puaed OD ftnal reedinc Oil the 19th dey or June, 1996. Publisbecl by title u Ordinance No. _, Series of 1996, on the 22nd day of June, 1995. Thomu J. Bumi, Mayor ATTEST: Loucriehia A. Elli1, City Clerk I, Loucriehia A. Elli1, City Clerk of the City of.....,_., Colorado, hereby certify that the ebove and fonpinc ii a true copy of the Ordiaancl puaed on ftnal nadinc and publubed by title u Ordinance No. __. Series of J.IH. -2- "' -. ' I . I • I . . 0 , x I • • 0 - EXHIBIT A WASTEWATER TRANSMISSION AGREEMENT THIS AGREEMENT is made and entered into effective as of Karch 31, 1995, by and between SOUTH ARAPAHOE SANITATION DISTRICT, a Colorado quasi-municipal corporation c•soOTR ARAPAHOE•); SOOTRGATE SANITATION DISTRICT, a Colorado quasi-municipal corporation (•SOOTRGATE•); the BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF ARAPAHOE, a body corporate and politic of the State of Colorado (the •coUNTY•); THE CITY OF ENGLEWOOD, a Colorado municipal corporation (hereinafter called •ENGLEWOOD•) and WASTE MANAGEMENT OF COLORADO, INC., a corporation (•WKc•). RECITALS A. The COUNTY owns County Line Landfill (the •tandfill•), located in Douglas County, Colorado at the intersection of South Colorado Boulevard and County Line Road. B. WKC is the operator and manager of the Landfill pursuant to an agreement with the COUNTY. c. Rainfall and natural drainage have caused storm waters containing contaminants or potential contaminants to collect at the Landfill. D. SOUTH ARAPAHOE owns public sewer facilities in the vicinity of the Landfill. E. SOUTH ARAPAHOE' s mains flow into the Big Dry creek Interceptor (the •Interceptor•), which is owned in various segaents by SOUTHGATE and ENGLEWOOD, and which is operated pursuant to a Basin Interceptor Agreement dated as of August 1, 1990 (the •BIA•). The Interceptor delivers sewage flows fro• SOOTH ARAPAHOE'• service area to the Bi-City TreatJlent Plant (the •Plant•) owned jointly by ENGLEWOOD and the City of Littleton; ENGLEWOOD operates and aanages the Plant pursuant to an agreement with the City of Littleton. F. On or about January 21, 1985, SOUTH ARAPAHOE, the COUNTY, ENGLEWOOD and WKC entered into a Wastewater Transmission Agre .. ent (the •1995 Agreement•) pursuant to which storm waters collected at the Landfill have been transmitted to the Plant. The 1985 Agreement was extended and modified by an AllendJlent dated OCtober 1, 1990 (the •Amendment•). G. Under the 1985 Agreement, WKC installed a lift station and dewatering sump at the location shown on Figure 1 attached hereto and incorporated herein by reference. Said facilities were then connected to SOUTH ARAPAHOE'• facilities at the location shown on Figure 1 as •Existing Manhole to Sanitary Sewer.• This syst .. and its connection to SOUTH ARAPAHOE facilities is hereinafter ,- _.....,,. ____ .• I I . ~ I 1:r • .... .. I . • 0 • • 0 I• • called the "Landfill Tap.• H. Changes in circumstances since the date of the 1985 Agreement, coupled with the need tor an additional connection at the Landfill, have prompted the parties hereto to restate the prior understandings, with amendments, in this Wastewater Transmission Agreement. AGREEMENT FOR AND IN CONSIDERATION of the mutual proaisas and undertakings set forth herein, the parties agree as follows: 1. Limited scope of Agreement. The purposa ot this Agreement is to permit the use of SOUTH ARAPAHOE facilities and the Interceptor to convey wastewater only from the Landfill and only !or a limited period of time. This Agreement shall not be construed or asserted as the basis of any offer or willingness or ability on the part of SOUTH ARAPAHOE, SOUTHGATE, OR ENGLEWOOD to provide sanitary sewer service to the public generally or to any area outside the specific limits of the Landfill, except as is specifically provided herein. 2. Landfill Tap. The Landfill Tap shall be governed by this Agreement. 3. fairways Tap. 3. l Th• COUNTY and WMC are hereby authorized to aake an additional, new and separate connection to SOUTH ARAPAHOE facilities to permit the discharge of contaminated or potentially contaainated effluent troa a groundwater collection, pumping and transmission system located on Tract K, Fairways of south Suburban, Filing No. 3 Subdivision, in or near th• •study Area• also shown on said Figure 1. This systea and its connection to SOUTH ARAPAHOE facilities is hereinafter called the "Fairways Tap.• 3.2 The COUNTY and WMC shall, at their sole expense construct the Fairways Tap and connect it to SOUTH ARAPAHOE taciliti-. The COUNTY and WMC will follow SOUTH ARAPAHOE permitting raquir-•nts, and the connection to the SOUTH ARAPAHOE syst-shall be in accordance with plans and design approved by SOUTH ARAPAHOE before any connection is made. All engineering fees and other costs incurred by SOUTH ARAPAHOE in reviewing plans and specifications shall be paid by the COUNTY and WMC. No permit shall be final nor shall service be provided until construction is approved by SOUTH ARAPAHOE. Further, it shall be the responsibility of the COUNTY -2- ..... • I . • 0 • I I 1,-'a2xl • • • • • .. . • '· and WMC to determine all requirements for and to secure any and all other permits and approvals for the work from the appropriate governmental agencies. 4. connections Limited. The Landfill Tap and the Fairways Tap (hereinafter collectively the "Taps") shall be constructed and :maintained so as to prevent the connection of sawer lines from any area other than the Landfill and th• specific groundwater collection location specified in 3.1 above. In addition to any other r-edies herein provided, SOOTH ARAPAHOE shall have the right imlediataly to disconnect facilities serving any other area regardless of where the unauthorized connection is aada and to charge the COUNTY and WMC for the costs thereof. 5. other Agreements/Permits. 5. l In the performance of their obligations under this Agre-ent, the COUNTY and WMC will satisfy, adhere to, and be bound by all of the performance standards, terms, and conditions contained in the following contracts: a. Wastewater Contribution Permit issued by ENGLEWOOD to the COUNTY dated May 15, 1993, and amended in 1995; and b. Connector's Agreement between Arapahoe County and th• City of Englewood dated August 20, 1984, as amended by Amendment dated June 27, 1987 and Consolidated Amendments to Agre-ants dated July 2, 1990; and c. First Amendment to the Consolidated Amendments to Agr•-•nts dated March 21, 1995; and A violation or breach of any of such standards, terma, or conditions will be deemed a violation or breach of this Agraeaant and will be cause for termination hereof, without regard to whether either of the referenced contracts are in force at the tilla of the alleged violation or breach • 5. 2 Additionally, the COUNTY and WMC understand and agree that all the rights and privileges granted.th-by SOOTH ARAPAHOE herein are subject to the provisions of the Connector's Agre~t between SOOTH ARAPAHOE and ENGLEWOOD and any succusor agraaaants. 5. 3 Al 1 service furnished hereunder by SOOTII ARAPAHO! and the Interceptor shall be subject to applicable Rules and Regulations of SOOTH ARAPAHOE and SOUTHGATE, to the ENGLEWOOD Wastewater Utility Ordinance, and to any and all treatment paraits issued by ENGLEWOOD for the discharge from the Taps, all as now or hereafter -3- .... • • . I . • 0 , • • 0 • constituted. 6. Tap Allocations. The tap allocations of SOUTH ARAPAHOE under ENGLEWOOD's tap allocation program are not affected by either the Landfill Tap or the Fairways Tap. 1. connection charges. 7. l Notwithstanding the prov1.s1.ons of Section 5 above, because of the limited term of this Agreement and the time and rate restrictions on discharge in Section 10 below, there shall be no additional SOUTH ARAPAHOE tap fee for the Fairways Tap. 7. 2 Also because of said limitations and restriction•, neither the Landfill Tap nor the Fairways Tap shall be deemed a connection to the Interceptor under the BIA. If, however, discharge from the Taps causes any impact upon any gallons-per-day capacity entitlements under the BIA, such capacity impact shall be deemed attributable to SOUTH ARAPAHOE. In such event the COUNTY and WMC shall be liable for the payment of Line Charges under said agreement, calculated as provided therein, and SOUTH ARAPAHOE may impose such tap fees or system development charges upon the Taps as are applicable generally within that District. In lieu of the foregoing, however, SOUTH ARAPAHOE may, at its discretion but not later than sixty (60) days after notice of Interceptor capacity impact is given to SOUTH ARAPAHOE, the COUNTY and WMC by SOUTHGATE or ENGLEWOOD, alter the time and rate restrictions on Landfill discharge into its system so as to eliminate the capacity illpact upon the Interceptor. 7.J The primary basis for the waiver of connection charge• hereunder is the assumption that the Landfill dewatering proqr-is t .. porary. Therefore, if both Taps have not bean disconnected at or before the expiration of this Agraaaent as stated in 14.l, at the election of South Arapahoe in it• sole and unliaited discretion, the said Taps may be de .. ed paraanant. Upon a dataraination to such effect by resolution of the SOUTH ARAPAHOE Board of Directors following reasonable notice to and an opportunity for the COUNTY and WMC to be heard, all connection charges attributable to the Taps will be due and payable within 30 days thereafter, at the than currant amounts and calculation formulae, and the Taps will be accounted for under the BIA as new connections to the SOUTH ARAPAHOE system as of that data. Thay will not, however, count against the Taps for which SOUTHGATE agreed to pay Lin• Charges under the May Jl, 1990 Agr•-•nt between SOUTH ARAPAHOE and SOUTHGATE; the COUNTY and WMC ahall be jointly and severally liable to pay Line Charges attributable to the Taps directly to ENGLEWOOD. If as of the expiration of this Agra ... nt -4- ;- •. I • • 0 • • 0 - SOUTH ARAPAHOE has not determined the Taps to be permanent as provided above, the Taps shall be promptly and permanently disconnected. 8. Maintenance charges. 8.1 The COUNTY and WMC shall pay SOUTH ARAPAHOE an annual service charge of One Thousand Dollars ($1,000.00) for the Landfill Tap and an annual service charge of One Thousand Dollars ($1, ooo. 00) for the Fairways Tap. Such fees shall be paid in advance, on the date the Fairways Tap is approved by SOUTH ARAPAHOE. Credit for any prepaid annual service charge attributable to the Landfill Tap under the 1985 Agreement shall be prorated to the date described immediately above. 8.2 To prevent a build-up of metals deposits in the SOUTH ARAPAHOE's mains, SOUTH ARAPAHOE shall annually inspect its main from the point of the Landfill Tap to the point of the Fairways Tap, and downstream from the Fairways Tap to the "B" line, a distance of approximately 4, ooo feet. The inspection shall be done by SOUTH ARAPAHOE's regular maintenance contractor. If any build- up of sludge or other solid materials is found, the same shall be removed by jet-cleaning or other appropriate means. SOUTH ARAPAHOE shall have such removal or cleaning charges billed by separate invoice, which the COUNTY and WMC shall pay within thirty (30) days after receipt. If the charges are anticipated to exceed $1,200.00 for any one cleaning pursuant to this section, the COUNTY and WMC shall be notified by SOUTH ARAPAHOE in advance of the performance of the cleaning work. Each annual inspection, and any necessary cleaning, shall be done during the month of August, with a final inspection, and any necessary cleaning, to be done in May, 1999, to coincide with the termination of the Agreement, to leave SOUTH ARAPAHOE with a clean pipe. 8.3. The COUNTY and WMC are jointly and severally liable for any and all maintenance charges imposed pursuant to the BIA. For the purposes of calculating same, actual measured flows from both Taps shall be substituted for the "annualized mid-winter reading" in the formula specified by the said Agreement. 9. costs Reimbursement. The COUNTY and WMC shall be jointly obligated to reimburse SOUTH ARAPAHOE and SOUTHGATE for the engineering and legal fees they have incurred and will incur in responding to the request by the COUNTY and WMC for the Fairways Tap. These expenses include but are not limited to all plan reviews, consultation, observation, inspection, drafting, analysis, conferral, and reporting. The amount of such rei:mburs .. ent shall be determined after the Fairways Tap connection is completed and -s- • ...... •. I • • 0 ' • • 0 • all SOUTH ARAPAHOE and SOUTHGATE engineering and legal work pertaining thereto is concluded, and paid within thirty (30) days after invoice by SOUTH ARAPAHOE and SOUTHGATE. 10. Discharge Limitations. 10.1 No wastewater from either the Landfill Tap or the Fairways Tap shall be discharged into SOUTH ARAPAHOE facilities between the hours of 5:00 a.m. and 10:00 a.m. or between the hours of 5:00 p.m. and 10:00 p.m. daily. The rate of discharge from both taps coabined shall not exceed twenty (20) gallons per minute during the hours of discharge except that not more than once each day the discharge rate may be increased to a maximum of one hundred twenty (120) gallons per minute for not more than five consecutive minutes. 10.2 The discharge time and rate limitations stated in 10.1 above shall be subject to change as reasonably directed by SOUTH ARAPAHOE if flows from the Landfill adversely affect the availability of peaking capacity in SOUTH ARAPAHOE facilities or the Interceptor. 11. Emergency Shutoff. SOUTH ARAPAHOE, SOUTHGATE, and ENGLEWOOD shall at all times have the right, without liability for damages to the COUNTY or WMC, to interrupt the discharge of Landfill wastewater in the event of a blockage or rupture anywhere within the SOUTH ARAPAHOE system, the Interceptor or the Plant. 12. Monitoring; B1portina. 12.1 During the term of this Agreement, the COUNTY and WMC will furnish SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD with copies of all flow charts, analytical reports, tests, and test results involving the wastewater removal program submitted by th .. to th• Colorado Department of Health. Additionally, SOUTH ARAPAHOE may monitor the Taps, review any flow charts, analytical reports, and tests made by any of the parties, and have access to th• Taps to examine, inspect, and make such tests of the Landfill wastewater as it deems necessary, provided that in exercising its rights hereunder SOUTH ARAPAHOE does not interfere unreasonably with the operation of the Taps or impose an unreasonable adainistrative burden on WMC. The COUNTY and WMC shall reimburse SOUTH ARAPAHOE for all costs and expenses incurred in connection with any examination and testing which does not duplicate information previously provided to SOUTH ARAPAHOE by the COUNTY and WMC hereunder. -6- ' •. 0 I • • 0 • • t• • ; 12. 2 The COUNTY and WMC shall •oni tor contaminants present in the discharge at both the Landfill Tap and the Fairways Tap, and shall, for both of said taps, provide copies of the doCUJtents submitted to the Colorado Department of Public Health and Environaent to SOUTH ARAPAHOE and SOUTHGATE as provided in paragraph 13 above, and shall notify SOUTH ARAPAHOE and SOtJ'l'HGATE imaediately of any changes or new toxic or hazardous material found. 13. cura g( Violation•. Th• COUNTY and WMC shall correct any violations or breaches of this Agre-ent, or other conditions reasonably determined by SOtJ'l'H ARAPAHOE, SOtJ'l'HGATE or ENGLEWOOD to be injurious to SOUTH ARAPAHOE facilities or the Interceptor. Upon the failure of the COUNTY or WMC to take appropriate corrective action after notice by SOUTH ARAPAHOE, SOUTHGATE or ENGLEWOOD, any or all of said parties shall have any or all of the following remedies: undertake such corrective action as it deems necessary; halt landfill discharge into SOQTH ARAPAHOE facilities; disconnect the involved Tap from SOUTH ARAPAHOE facilities; and obtain injunctive or other relief from any court of competent jurisdiction. Such remedies shall be cwaulative, and the COUNTY and WMC shall be jointly and severally responsible and liable to SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD, as appropriate, for all expenses, including engineering and attorney fees, incurred in connection with the corrective work. In the event of litigation, the prevailing party shall be entitled to recover its expenses and costs of suit, including attorney fees and other professional fees and charges. 14. Tarm: t•r:minatign. 14 • 1 Unless sooner terminated for any reason elsewhere provided, this Agr•-•nt shall extend to and until the expiration of the Englewood Wastewater Contribution Perait for the Fairways Tap, or May 15, 1999, whichever shall first occur. 14. 2 Any party may terminate this Agr•-•nt sooner for any of the following reasons: a. ENGLEWOOD refuses for any reason to treat discharge from the Taps; b. Any party co-it• a material breach of any provision hereof and fails to cure the s ... within a reasonable tiae after service of written notice of breach upon it, which notice shall identify with particularity the act or oaission complained of and the date by which cure is d ... nded; -7- ,,--:----........... _______ ..... • • ' II - • . ... •· • 0 'J2 x l • • 0 • c. SOUTH ARAPAHOE determines that notwithstanding all efforts to regulate volume and times of discharge, SOUTH ARAPAHOE becomes substantially unable because ct impairment of it• capacity by discharge from the Taps to fulfill its obligations to users existing as of the date of this Agreement; d. The Landfill wastewater drainage contemplated by this Agreement is completed. 14. J Upon the termination of this Agreement, the Landfill Tap and the Fairways Tap shall be disconnected permanently from SOUTH ARAPAHOE facilities in accordance with all applicable regulations of governmental agencies having jurisdiction, including without limitation, the Colorado State Department of Health. All work involved in such disconnection shall be subject further to the approval of SOUTH ARAPAHOE. The COUNTY and WMC shall pay all of the costs incurred in the disconnection of the COUNTY system, including the inspection and other costs of SOUTH ARAPAHOE'• con•ulting engineer. 14.4. If for any r•a•on the Landfill Tap or the Fairway• Tap i• di•connected fro• SOUTH ARAPAHOE facilities before all wastewater is removed from the Landfill, the COUNTY and WMC acknowledge and agree that an acceptable alternative means of r-oving such remaining wastewater exists in the tor11 of trucking, and that the r .. oval of wastewater fro• the Landfill through SOUTH ARAPAHOE facilities and the Interceptor as provided in thi• Agra .. ant, while less expensive, is not necessary tor public health or related reasons. 1s. Transmission Liabilities Li•ittd,. Neither soUTH ARAPAHOE nor SOUTHGATE shall have any liability to ENGLEWOOD for damage to the Plant caused by discharge fro• the Taps, but nothing herein shall be construed to relieve SOUTH ARAPAHOE fro• liability or responsibility for its failure or refusal promptly to carry out reasonable and lawful directives from ENGLEWOOD to assist ENGLEWOOD in stopping the discharge of hazardous wastes from the Taps. Further, nothing in this section shall be construed to prohibit ENGLEWOOD from including costs to repair damage to th.• Plant caused by discharge from the Taps in the revenue requir .. ants for it• treatment charges applicable generally to all custoaers served by the Plant. 16. Miscellaneous Provisions. 16. 1 The COUNTY and WMC shall indemnify and •ave haral••• SOUTH ARAPAHOE, SOUTHGATE and ENGLEWOOD, their officers, employ-•, -a- -•• ..... •. .. ., •· • 0 I f I~ .. ·. • • • • '. and agents, against any and all claims, daJ1agea, actions, or causes of action and expenses, including attorney fe .. to which they or any of th .. may be subjected by reason of or in connection with the construction, operation, aodification, replac .. ent, aaintenance, repair, or r .. oval of either Tap, or the use of SOUTH ARAPAHOE facilities or the Interceptor by the COUNTY and WIIC. 16.2 Thia Agreement shall not be assigned, sold or transferred by the COUNTY or WIIC without the written consent of SOUTH ARAPAHOE. 16.3 Should any federal or state law, rule, perait, regulation, or order of court render void or unenforceable any provisions of this Agre ... nt, in whole or in part, the r ... inder shall be in full force and effect to the extent possible. 16.7 Thia Agre ... nt shall not be used as a legal defense or prohibition to a mandatory consolidation of all existing sever collection ayat ... and facilities into a single qovermaental entity created to aaauae responsibility tor sever service in the area in which the COUNTY, ENGLEWOOD, and SOUTH ARAPAHOE are a part, under statutory or constitutional authority, as aay be the case. 16.8 Thia Agre .. ent supersedes, terminates and replaces the 1985 Agre .. ent and the Aaendaent thereto, in their entirety. 16.9 The above and foregoing constitutes the whole agr....nt between the parties and no additional or different oral repre•entation, proaise or aqre .. ent shall be bindinCJ upon any of the parties hereto with respect to the subject aatter of this Agre-ant. IN WITNESS WHEREOF, the parti-have set their bands and seals, effective th• day and year first above written. SOUTB/'"ABOE ~TATION DISTllICT By-vi~ Mi_;z · ~ • Charles R. Bruce;' Preillent _,_ . . •, I . • 0 , county Clark and Recorder (SEAL) ArrEST: Loucriahia Elli• City Clark (SEAL) , . : -_,,,. .. 4'•: - • I . . .... ·;·· r,. ········ ' { ( ~-. ~ • • • t• • '· BOARD OF COONTY COMMISSIONERS, COONTY OF AROE CITY OF ENGLEWOOD, COLORADO ....... -:-:--:-:-:·.·.·.·. 8Y=......----~__,,.....~~~___.:;: .. -~~:-:~-:-~:-:- Thcma• Burna, Mayor ://))/ -10- ..... . ' .. I. • 0 '32xl ]cm..- • • secretary (SEAL) • • . . ~. WASTE MANAGEMENT OF COLORADO, DIC. By:~~~-- Lao But er, Vic• Pruident, Environaental Manag ... nt CONSENT OF SOUTH ENGLEWOOD SANXTATION DISTRXCT NO. 1 SOOTH ENGLEWOOD SANITATION DISTRXCT NO. 1, being a party to the Ba•in Interceptor Agr..-nt, ac:knowledgu receipt of a copy of thi• WASTEWATER TRAlfSIIISSION AGREEMENT, and declaru that it conaenta to th• .... bavin9 been entered into by the other parti•• to aaid Ba•in Interceptor Agr..-nt. Dated thi• ~ day of .-Ap[_...i,.1 ___ , 199!5. A'rl'BST: SOOTH DIGLBWOOD SAIIITATION DISTRXCT NO. 1 " -. . .. I . • 0 , xi • • ,,, - • • to biv OllDINANCB NO. _ SERIF.8 OF 1995 BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN OJlDINANCB AUTHORIZING AN INTBBOOVBBNIDNTAL AGUBIIBNT BETWEEN THE CITY OF THORNTON, COLORADO AND THE CITY OF BNGLBWOOD, COLORADO PO& AN DCIIANU& OP TBS CITY OP DIOL&WOOD'S ROTOMILLING SDVICBS 'l'O TBB CITY or THORNTON PO& SANMALT, ROT IIIXBD .ASPHALT, OR CRUSHED AGGDGAft IIAftltlALS. WHEREAS, the City of Englewood owns, operates and maintains a millinc machine utilized to remove the asphalt or concrete aurface from roadways for the purpoee of overlaying new asphalt or concrete; and WHEREAS, the City of Englewood currently provides rotomilling services to the Cities of Westminster and Littleton in exchange for paint striping and concrete work; and WHEREAS, this agreement provides the City of Thornton with rotomilling services by the City of Englewood in exchange for Englewood's choice of sand/salt, hot mixed asphalt, or crushed aggregate; and WHEREAS, the citizens of both the City of Englewood and the City of Thornton benefit from such an agreement; and WHEREAS, the City Council of the City of Englewood, Colorado authorized such agreement with the puup ofOnlinanee No. 29, Serin of 1994; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS POLLOWS: SeCPoo 1 'I1Mt interpvemmental ........-it with respect to an a,reement between the City of Thornton, Colorado and the City ofEnclewood, Colorado for an excbanp oftbe City of Englewood"• rotomilline services to the City of Thornton for 1and/ult, hot mixed uphalt, or crushed aarepte materials, attached hereto u "Emibit A." is hereby acceptecl and approved by the Englewood City Council. SeCPoo 2. The Mayor i1 authorized to eucute and the City Clerk to attest and aeal the A,reement for and on behalf of the City of Englewood, Colorado. Introduced, read in full, and puled on ftnt readinc on the 6th clay of June, 1995. -1- • . ., I . • 0 • . " ·, • .. Published aa a Bill for an Ordinance on the 8th day af June, 1996. R.-1 by title and paued on final reading on the 19th day of June, 1996. Published by title aa Ordinance No. __, Seriea of 1996, on the 22nd day of June, 1996. Thomu J. Barna, Mayor A'M'EST : Loucriahia A. Ellia, City Clerk I, Loucriabia A. Ellia, City Clerk af the City of Enpewood, Colorado, hereby certify that the above and fonpinc ii a true copy af the Ordinance paued on ftna1 reading and published by title aa Ordinance No. __. Seriea of 1995. Loucriahia A. Ellil -2· ] ' I I~ .. I . . 0 1- • • • 0 I • • <. EXHIBIT A INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF THORNTON AND THE CITY OF ENGLEWOOD FOR THE EXCHANGE OF GOODS AND SERVICES THIS AGREEMENT is entered into this __ day of 1995, by and between the City of Thornton, a Colorado municipal corporation, (hereinafter referred to as 'Thornton") and the City of Englewood, (hereinafter referred to as "Englewood"). WHEREAS, Section 18(2)(a) of Article XIV of the Colorado Constitution, as well as Sections 29-1-201, ~ ~-, and 29-20-105 of the Colorado Revised Statutes authorize and encourage governments to cooperate by contracting with one another for their mutual benefit; and WHEREAS, Englewood owns, operates and maintains a milling machine utilized to remove the asphalt or concrete surface from roadways for the purpose of overlaying new asphalt or concrete; and WHEREAS, Thornton wishes to utilize said milling machine for use in maintenance of the streets located within Thornton; and WHEREAS, Thornton and Englewood desire to contract with one another for the exchange of goods from Thornton for use of Englewood's milling machine; and WHEREAS, this Agreement will be of use and benefit to the citizens of both Thornton and Englewood. NOW THEREFORE THE PARTIES HERETO, FOR GOOD AND VALUABLE CONSIDERATION, THE RECEIPT AL"ID SUFFICIENCY OF WHICH IS HEREBY ACIOJOWLEDGED, HEREBY AGREE AS FOLLOWS: A. RESPONSIBILITIES OF ENGLEWOOD 1. Englewood shall make available to Thornton its milling machine during the period between June 26, 1995 and July 14, 1995, inclusive, for the purpose of milling approximately twenty-seven thousand two hundred thirty (27,230) square yards of asphalt at a depth of one and one-half inches. 2. Englewood shall perform, at all times, all repairs and maintenance to the milling machine necessary, including the time periods in which the milling machine is being used in Thornton. AC /-1!! .. CUWO/TC .. .... -1 - • ,- •. .. I . • 0 • • 0 • '· 3. An employ ee or contractor of Englewood shall operate the milling machine for Thornton, at locations and specifications directed by Thornton during the above specified time periods. If a contractor of Englewood is used to perform the work hereunder, that contractor shall be required by Englewood to indemnify the City of Thornton, it's officers , and employees from and against all liability, claims, demands, and expenses, including court cost and attorney fees, on account of any injury, loss, or damage, which may arise out of or are in any manner connected with the work to be performed under this Agreement, if such injury, loss, or damage is caused in whole or in part by, or is claimed to be caused in whole or in part by the negligent acts, errors, or omissions of the contractor, or any officer, employee, or agent of the contractor. 4. Englewood shall make available to Thornton the milling machine at the time specified above. Cost of both delivery to Thornton and return to Englewood shall be the responsibility of Thornton. 5. Englewood shall maintain, at its own expense, during the term of this Agreement, Worker's Compensation Insurance as required by the Labor Code of the State of Colorado, Employer's Liability Insurance, Commercial General Liability Insurance, and Automobile Liability Insurance with minimum combined single limits o f not less than $600,000 per occurrence. The insurance required above shall be provided through Englewood 's participation in a governmental insurance pool (CIRSA ). Englewood shall cause any contractor of Englewood to procure and maintain minimum insurance coverage listed herein. B. RESPONSIBIUTIES OF THORNTON 1. Thornton shall reimburse Englewood for the use of the milling machine by the provision of goods that are normally purchased by Thornton to be identified by Englewood from the following items: a ) sand /salt b ) hot mixed asphalt c) crushed aggregate 2. The value of the goods supplied to Englewood by Thornton shall be equal in value to the cost o f milling twenty-seven thousand two hundred thirty (27,230) square yards o f asphalt one and one-half inches deep. The value of the above is S.37 /square yard. In the event the amount of roadway milled is less than or more than the above, the value of the goods provided to Englewood by Thornton shall equal the yardage milled times $.37 /square yard . AC /052..~ £."CLEWO /TC .. - -2 - • ' •. .. I . • 0 • • 0 • 3. The goods shall be delivered to Englewood by the vendor of the goods once the milling has been completed and the total amount and nature of the milling has been calculated. Once the amount has been calculated and agreed to by both parties, Thornton shall complete a vendor purchase order for the goods selected by Englewood in the amount of the value of the milling as calculated in Section B. 2. above. 4 . Thornton shall be responsible for all traffic control and material removal at the site of the milling work and any other work not associated directly with the operation of the milling machine itself. C. ASSIGNMENT . This Agreement shall not be assigned by either party without the prior written consent of the other. D . NOTICE . Any notice required or permitted by this Agreement shall be in writing, and shall be deemed to have been sufficiently given for all purposes if sent by certified mail or registered mail, postage and fees prepaid, addressed to the party to whom such notice is to be given at the address set forth below, or at such other address as has been previ ously furnished in writing, to the other party or parties. Such notice shall be deemed to have been given when deposited in the United States Mail. The notice shall be sent to : City of Englewood Street Operations 2800 S. Platte River Dr. Englewood, CO 80110 c /o Wayne Oakley Citv of Thornton S~t Operations 9500 Civic Center Dr Thornton, CO 80229 c /o Mason Staub E. PARAGRAPH CAPTIONS. The captions of the paragraphs are set forth only for the convenience and reference of the parties and are not intended in any way to define, limit or describe the scope or intent of this Agreement. F. 11'.'TEGRA TION AND AMENDMENT . This Agreement represents the entire agreement between the parties and there are no oral or collateral agreements or understandings. This Agreement may be amended only by an instrument in writing signed by the parties. If any other provision shall be affected by such holding, all of the remaining provis ions of this Agreement shall continue in full force and effect. G. W AIYER OF BREACH. A waiver by any party to this Agreement or the breach of any term or provision of this Agreement shall not operate or be construed as a waiver of any subsequent breach by either party. -3 - ... • .. I . • 0 • • .. • - H . VENUE. This Agreement shall be governed by the laws of the State of Colorado, and any legal action concerning the provisions hereof shall be brought in the County of Arapahoe, State of Colorado. I. TERM. This Agreement shall terminate at such time as the conditions stipulated herein are complete or upon 10 days advance written notice, whichever occurs first. In the event the Agreement is terminated by the issuance of advance written notice of intent to terminate, each party shall be compensated by the other for the goods and services provided. [. COMPLIANCE wrrn LAW . The work and services to be performed by the parties hereunder shall be done in compliance with applicable laws, ordinances, rules and regulations . K. ADDITIONAL DOCUMENTS OR ACTION. The parties agree to execute any additional documents or take any additional action that is necessary to carry out this Agreement. L. INDEPENDENT CONTRACTOR. The parties hereto agree that the employees, contractors, and sub-contractors of one party are not in any way to be construed as employees of the other party and as such each are independent contractors. Notwithstanding any provision appearing in this Agreement, all personnel assigned by Englewood to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Englewood for all purposes. Further, all personnel assigned by Thornton to perform work under the terms of this Agreement shall be, and remain at all times, employees or agents of Thornton for all purposes. M. GOVERNMENTAL IMMUNITY -The parties hereto understand and agree that Thornton and Englewood, their officers, and employees, are relying on, and do not waive or intend to waive, by any provision of this Agreement, the monetary limitations (currently SlS0,000 per person and 5600,000 per occurrence) or any other rights, immunities, and protections provided by the Colorado Governmental Immunity Act, C.R.S . 24-10-101 ~-. as it is from time to time amended, or otherwise available to Thornton and Englewood, their officers, or employees. N . AUTHORITY . The parties hereto warrant that the signatories below have full and lawful authority to execute this Agreement on behalf of Thornton and Englewood. 4C10Sl.~L'-=CLEW"0 1TC • 4. ..... . ' .. ., I . • 0 f 32xl • ,-. ( • • <. DONE AND SIGNED ON THE DATE ABOVE FIRST WRITTEN BY: CITY OF TiiORNTON Margaret Carpenter, Maypr .. ATIEST: Nancy Vincent, City Clerk CITY OF ENGLEWOOD ATIEST: City Clerk I . . -s - 0 • DATE: June 19, 1995 INITIATED BY: • 0 L• • AGENDA ITEM: 11 1 1 ..__.~-- SUBJECT: Use Variance Review STAFF SOURCE: Board of Adjustment and Appeals Harold J. Stitt Planning Administrator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; Goal -Economic Development : Advance Englewood's pro-business commitment . RECOMMENDED ACTION; To approve by-,doa the action of the Board of AdjultlMat and Appeals in Cue Number 5-9S, lane occupltion Ille variance. BACKGROUND. ANALYSIS. AND ALTERNATIVES IDENTIFIED; On May 10, 1995 the Board of Adjustment and Appeals considered a use variance application submitted by Jacalyn Neuhaus, 431 East Girard Avenue, to permit the operation of manicuring business as a home occupation . The application was made because manicuring is considered u cosmetology which is prohibited u a home occupation . The applicant currently operates a day care home as a home occupation and wants to change occupations to manicuring . The applicant's propeny is zone R-1-C, Single-family residence . In addition to the review of this variance request by the Board of Adjustment and Appeals , the City Council is also required to review the request . This review is provided for in Section 16-2-8 B, 4, of the Comprehensive Zoning Ordinance, which states : In Sections R-1-A, R-1-B and R-1-C, no variance for a use that was created or changed after May I, 1985 , or that became nonconformin& after May 1, 198S, lhall be approved without review by the Board and the City Council . First review lhall be by the Board . If approved by the Board , the variance shall be referred to City Council . The City Council shall review the record and written decision of the Board to determine if the variance complies with the requirements of this Ordinance . No hearina lhall be held before City Council. Should City Council determine the variance does not comply with this Ordinance , the variance shall then be denied . ,,,_ •. ... I . . 0 - • • t• ·, • .. In reviewing this request the Board took into consideration the intent of the use variance requirements . Typically, the use variance is applied to "permitted principal uses." In the ll-1-C District, the permitted principal uses are single-family residence.. religious institutions. educational institutions, and public buildings and facilities . What sets this request apart from other use variance requestS is the &ct the request is not for a principal use but a home occupation which is considered a secondary or 111bordinate use. The Board determined that the impllctl pnented by the proposed home occupation would be no greater that thole created by the applicant'• current home occupation . In general, the position of the Board wu that the variance request wu reasonable and therefore it was approved . FINANCIAL IMPACT; There will be no financial impact to the City u a resuh of action taken in this matter. YSJ Qf AJTACftMEND; Staff'Repon Cue Number S-9S Findings of Fact Cue Number S-9S Board Minutes ofMay 10, 199S 2 . . •. .. I . . 0 f ~n I • • City of lntlewood, Colorado Applicatlor'! . Board of Adjustment & Appeals ~?1 #1971-34-4-20-013 Jr ofllce UN Oftlyl Varienc:a (Zoning) Fence Sign E'ICroac:11-t Coda lnlerpretation • 0 , . • Case #5-95 C...No. _____________ _ ,i11ng o.. __ M_a_r_c_h_3_o ... , _19_9_5 _____ _ lotNtitlg o.. _ ... r.,..,.a..._y_..1 ... 0_1 ... 0 ... 0 ... s _____ _ 1to111111 0ate-~A~o~r~i~·i~2~4..._.J~e~oMs ____ _ C. Mahon .._._., ____________ _ Petition 11 lwrat,y lftadl to Illa Board of Adluat-' and Appeala. purtuant to IN proviai-of Illa lolunielpal Codi, • amendad, for conaldera11on of tlW properly and intent llar9ln dNcltlled. APf'LICANT NalM J,.CA i-:t.u _ .B Al€u f.JB:U S Ma iling Add--1.3 I E. 61 gA:LJ') AtJE. £1,.)t;;r e:woaa C,o Ro 110 Pllona --5.Q~ __ :_-7K'l -/ q 1'2 ReqUNt ia to Pemlit f:lom:f C):::c"i'a'Hoo OWNEII/LIIIII .._ ~a../4'-Y.V 8 . ..UQtlb9«$ Mailing Addrw ~ € Gt ,(A,e.4 /Jot €°,<)6UJ0<2ot, t4£J &J11{) 11110M "J('[-/9 (b ' \ ,.J. os A-(Y)') n, <' u C1SJ . !Ion II Nfl9Ct to N NII of 111r ............. ( t1"l}e,f_) ~~ I ~ I S66l O t tJ'!'1° cy,.41~ • Cole [•hrco•o•I Dlwlolu 3400 SnU [1111 IIPnt [lflo•n•. Coloroh 10 I I 0 782 -2335 .... •• ·g ---:.-.:~~u ' ...... ... I . • 0 • ,, - •. . ,~ . • .. • I . . 0 • • • • • <, ENGLEWOOD, COLORADO BOARD OF ADnJS'l'MEN'r: AND APPEAU STAFF IIEf()llT May 10, 1995 APPBJSS Of 5JJBBCI rBP!DIXi 431 East Girard Avemae EnglewoOd. co 80110 AffYCANI; JICllyn Neuhaus 431 East Girard AVemle Englewood. co 80110 OWNJBi Jacalyn Neuhaus 431 £ast Girard Avenue Englewood. CO 80110 "' - REQUEST; The applicant is requesting a variance to permit manicurinl u a home occ:upd!>'l. nu ii a variance from Section 16-4-4:M S k(3) Home Occupations. of the CcinprebenlM Zoning Qrdinuce. ZQNE PJSJRICTi ll-1-C, Single Family Residence District . coM?UffENSJYE PLAN; The Comprehensive Plan identifies this area u a low denlity residence area. AJffiUADON DATA; This area part of the original City ofEn&lcwood - ' . , .. ... I . . 0 , ,, I - • . ~ • DESCRIPJJON Of SUBJECT sm; ANP ADlAQ;NT ARI,\; The IUbject site is located in the area bounded by Eut Floyd Averue on the north, South Grant Street on the west. Eut Girard Avmae on the south, IDd South Lopn Street on the eut. The adjacent area is composed of linale &mily residences. PifABJMINT OF mMMUN[[Y DEVJLQPMJ:NI ANALYSIS; The applicant is requesting this variance in order to operate, u a home occ:upation. a manicuring business . Manicuring is considered a form of cosmetology and ii amendy lilted u a prohibited home ocaapation. The City Planning and Zoning Commiuion hu propoted .....,..t...,,., to the home ~ regulations that would remoYe die restriction ~ blrben, biiada 111rs, cosmetolosi .. and beaubri•ns The proposed unendments haw not been forwarded to City Council yet,, IO a timmlme for their consideration and action cannot be established. DEPARTMENT OF COMMUNITY PIYILQPMENJ lf&"OMMPPAIM>N; The Department of Comnulity Development recommeads that the variance requllt be panted. 2 . . .. I . . 0 • ·~ • .. - <. - • 431 EAST GIRARD MENUE 1871-34-4-20-011 • • I: I , . • ------ !"' ~ !-' ,.., ~ 1r f f !i Ii r lr 'rf u I •• l ti i fl p f. fi ' s::;; 1~ 1 1 ft r! fi i _:l 1hl JI ;;-I, ' ,., r I ., I I I 0 J r 1 •• 1 rf I· t 1: Ui 11 r ' r II t r li'i t •. ' I .... ' I J t ·I r.ll~ , i i ·I t 1: II ,It l ' I , ~ ' f f t I l '1 1 I . t I,., ~ ( I J uJ.I r I l I J It.ti 1 II f ~ ' ' ... ; . • • 0 • - • • .. - Applicant _______ _ Cue Number ______ _ Address ___________ _ Dale" ________ _ The Board or Adjmtmem may not .-any variance n1atma to die .. m .. ope,ty .._ it ... in addition to the findinp previously Id forth, that : I. The property C111110t be Uled for any purpoae permitted widl8l die -dillric:t applicallle to die property. 2. The propoaed me is the use for the property IIIOlt eompatillle widt die e 1zr1s 111d policies let forth in the Comprehensive Plan. 3. The propoaed me will not be ......... to w ........ wida ads -in die neighborhood . 4 . The propoNd me is the lwt trdic-illtemive ... pwiMe wllida wil ,_. w......,.. ua olthe property. • . • • • • • t' • L• . • ' FJNDJNGS Of fACT IN 11IE MA TIER OF CASE #5-9S, A ) VARIANCE FROM 11IE COMPREHENSIVE ) ZONING ORDINANCE, SECTION ) 16-4-4:M,S,k,(3), HOME OCCUPATIONS, ) TO PERMIT MANICURING. ) ) ) FILED BY; ) ) ) Jacalyn Neuhaus ) 431 East Girard Avenue ) Englewood, Colorado ) ) ) FOR THE PROPERTY LOCATED AT: ) ) ) 431 EAST GIRARD A VENUE ) ENGLEWOOD. COLORADO ) 11IE DECISION OF 11IE BOARD OF ADnJSl'MENT AND APPEALS. AND 11IE FINDINGS OF FACT AND CONCLUSIONS.· Board Members present: Seymour. Chrisumn. Smidl. O'Brien. Welker. Barber. and ClaytOII. Board Members absent: None. This matter came before the Board of Adjuslmellt llld Appeals on May 10, 1995. upon the request by Ms. Jacalyn Neuhaus. property owner of 431 East Girard Avenue. for a variance to permit manicuring as a home occupation. This is a varianCe from the Comprebelllive Zoning Ordinance. Section 16-4-4:M,S,k,(3), Home Occupalions. ,. - Testimony was received from staff. from the applicant; Ms. Neuhaus, llld Jim Zadie. The staff repon was received by the Board and incorponred into the record of die Public Hearins- . . --- • .. I . . 0 • ... • ,. . • ' 10 . 11tAT Mr. Stin explained the Municipal Code prohibits cosmetology as a Home Occupation; therefore the variance request is for a use other than what is pennitted. 11. 11tA T Jim Zadie, 336S South Pennsylvania Street, swed his concern was about adding to an already overcrowded parking situation in the neighborhood. 12. 11tA T Mr. Stitt entered into the record a letter from Mr. and Mrs. Edie, residents at 3331 South Pennsylvania Street, Slatin& they were concerned about partin1. traffic. and how the business might affect the resale of the subject property. 13 . 11tA'r Ms. Neuhaus stated she should be snnted her request because a full scale beauty shop was granted by the Board. 14. 111A T City staff researched her concern and reviewed the case which was ,nnted to the resident at 3400 South Downing. heard in April of 1992. IS. 111AT the Chainnan stated the Board considers every case on its own merit and the variance granted to 3400 South Downing Street is located in a different zone district than the case under consideration. 16 . 111AT Mr. Stin read into the record the definition of cosmetology. staling the current prohibition of barbers, hairdressers. cosmetolo&i5ts. and beauticians operating in a residence was based on the State regulations; the Slate repealed those regulations; and the Englewood Planning and Zoning Commission has proposed amendments to the home occupations that would remove the restriction for cosmetologists to conduct business from their home . 17 . 111A T there were no further speakers for or apinst the request. CONCLUSIONS l . 11tA T proper notice of the Public Hearing was published in the Eo&Jcwood Hc;rald on April 20, l 99S, and that the propeny was properly posted. 2 , 11tA T testimony was received from staff, the applicant; Ms. Jacalyn Neuhaus. and from neighbors. 3. 11tA T the requested variance had to meet the conditions for ,nnting a variance, and for granting a use variance. 3 •. II - • .. •· • 0 , • • • • ,,, - • FINDINGS Of FACT IN 1HE MA TI'ER OF CASE #5-95, A ) VARIANCE FROM TIIE COMPREHENSIVE ) ZONING ORDINANCE, SECTION ) 16-4-4:M.5,k,(3), HOME OCCUPATIONS. ) TO PERMIT MANICURING. ) ) ) FILED BY; ) ) ) Jacalyn Neuhaus ) 431 East Girard Avenue ) Englewood. Colorado ) ) ) FOR THE PROPERTY LOCATED AT: ) ) ) 431 EAST GIRARD A VENUE ) ENGLEWOOD. COLORADO ) 1HE DECISION OF 1HE BOARD OF ADJUSTMENT AND APPEALS , AND 1HE FINDINGS OF FACT AND CONCLUSIONS .· Board Members present: Seymour, Christman, Smith, O'Brien, Welker, Barber. and Clayton. Board Members absent: None . This matter came before the Bou-d of Adjusanent and Appeals on May IO, 1995, upon the request by Ms. Jacalyn Neuhaus, propeny owner of 431 East Girard Avenue, for a variance to permit manicuring as a home occupation. This is a variance from the Comprehensive Zoning Ordinance, Section 16-4-4:M,5,k,(3), Home Occupations. Testimony was received from staff, from the applicant; Ms. Neuhaus, and Jim Zadie. 1be staff repon was received by the Bou-d and incorpora&ed into the record of the Public HeU'ing . ...... - • . ., I· • 0 - • • • • After considering the statements of witnesses, and reviewing the relevant documents, the members of the Board of Adjustment and Appeals made the following Findings of Fact and Conclusion: FINDINGS OF FACT l. THAT the Public Hearing was initiated by the application of Ms. Jacalyn Neuhaus, 431 East Girard Avenue , requesting a variance from Section 16-4-4:M,5,k.(3), of the Comprehensive Zoning Ordinance, which section pertains to Home Occupations. 2. THAT the notice of the Public Hearing was published on April 20, 1995, in the Egclpood Hcqld, the official City newspaper. 3. THAT the property was properly posted the required 15 days prior to the Public Hearing. 4 . THAT Mr. Harold Stitt, Planning AdministratOr, addressed the Board that the applicant must meet all five conditions for granting a variance, in addition to five conditions for granting a Use Variance. 5. THAT Mr. Brotzman. City Attorney, read into the public record, Section 16-2-8.4. of the Municipal Code . which section states when a Use Variance is granted by the Board , in the R-1-A . R-1-B , and R-1-C zone districts . it shall be referred to City Council for their determination whether the variance does or does not comply with the Ordinance. 6. THAT the applicant. Jacalyn Neuhaus. testified she currently operaleS a day care from her home. and is licensed by the State to care for eight children. 7 . THAT Ms. Neuhaus testified she is a single parent. is financially responsible for her three children. and elects to conduct a business from her home in order IO be with her children. 8. THAT Ms. Neuhaus addressed the conditions for granting a variance, SWing she considers her propeny exceptional located across the street from the Swedish Medical Center: that she had poured a concrete pad for two cars to part to alleviate any parkinJ problems; and the business would not impair her neighbors or neighborhood. 9 . THAT Mr. Stitt explained the "use" variance, stating that a typical use variance for "permitted principal uses" is if the property cannot be used for any ocher purpose permitted within the zone district. 2 "' - . ' • . ... , I . • 0 '32xl ] • • • - <. 10 . THAT Mr. Stin explained the Municipal Code prohibits cosmetology as a Home Occupation; therefore the variance request is for a use other than what is permitted. 11 . THAT Jim Zadie, 3365 South PeMSylvania Street. swed his concern was about adding to an already overcrowded parking situation in the neighborhood. 12. THAT Mr. Stin entered into the record a letter from Mr. and Mrs. Edie, residents at 3331 South PeMSylvania Street, staling they were concerned about parking. ttaffic, and how the business might affect the resale of the subject property. 13 . THA t Ms. Neuhaus stated she should be granted her request because a full scale beauty shop was granted by the Board. 14. THAT City staff researched her concern and reviewed the case which was granted to the resident at 3400 South Downing. heard in April of 1992. 15 . THAT the Chainnan stated the Board considers every case on its own merit and the variance granted to 3400 South Downing Street is located in a different zone district than the case under consideration . 16 . THAT Mr. Stin read into the record the definition of cosmetology. stating the current prohibition of barbers, hairdressers, cosmetologists. and beauticians operating in a residence was based on the Swe regulations ; the state repealed those regulations; and the Englewood Planning and Zoning Commission bas proposed amendments to the home occupations that would remove the restriction for cosmetolopsls to conduct business from their home. 17 . THAT there were no further speakers for or against the request. CONCLUSIONS 1. THAT proper notice of the Public Hearing was published in the Englewood flerald on April 20, 1995. and that the property was properly posted. 2, 3 . THAT testimony was received from staff, the applicant; Ms. Jacalyn Neuhaus, and from neighbors. THAT the requested variance had to meet the conditions for panting a variance. and for granting a use variance . 3 • ... \ I. • 0 \ I t:r . '32 x l • • • • '· 4 . 111A T the requested variance to pennit manicuring as a home occupation was considered an applicable use with consideration to the low impact of the proposed business, and the availability of off-street parking provided by the applicaDL 5. 111A T it was the consensus of the Board dW die variance be granted to permit manicuring as a permitted use at the subject residence; but lbe variance is pending review and approval by City Council. Df«CISIQN; Therefore. it is the decision of the Board of Adjustment and Appeals, acting in and for the City of Englewood, Colorado, that the application filed by Ms. Jacalyn Neuhaus, property owner of 431 East Girard Avenue. for a variance from Section 16-4-4:M.S,k,(3) Home Occupalions, to permit manicuring as a home occupation, BE GRANTED. This decision was reached upon a vote on a motion made by Mr. Seymour, and seconded by Mr. Welker, which motion states: THAT FOR CASE #5-95. JACALYN NEUHAUS, PROPERTY OWNER OF 431 EAST GIRARD A VENUE, BE GRANTED AV ARIANCE FROM THE COMPREHENSIVE ZONING ORDINANCE. SECTION 16-4-4:M, 5,t,(3), HOME OCCUPATIONS, TO PERMIT MANICURING AS A HOME OCCUPATION. When the votes were displayed, all seven members voted in favor of die moeion. This decision and the Findings of Fact and Conclusions are effective as of die meeling of the Board of Adjustment and Appeals held on the tenth day of May, 1995. BY THE ORDER OF THE BOARD OF ADJUSTMENT AND APPEALS. g/,#£ ~ William Clayt~ Chairman 4 ,, - ... I . . 0 , ] • • • 0 I~ • MINJJ'l'a BOARD OF AQDJSTMENT AND Afl'EAU ENG1£WOOD, COLQMDO MAY 10, 1995 The regular meeting of the En&Iewood Board of Adjusanent and Appeals wu c:alled to order by Chainnan Clayton at 7:35 p.m. Members present: Seymour, Christmui, Smith, Welker, Barber and 0a Members absent: O'Brien. Also present: Dan Brotzman, City Aaomey Harold Stitt, Planning Administrator The Chairman stated that with a quorum of six members present, five affumative voaes would be required to grant an appeal or a variance . He stated the Board is aathorued to p'lllt or deny a variance by Pan 3, Section 60 of the Englewood Home Rule Olaner. APPRO\' AL OF MINUTF$; Mr . Seymour moved that the Minutes of April 12, 1995 be approved as wriaen. Mr. Welker seconded the motion . Th e \'Ole was called: motion carried unanimously. PUBLIC HEARING · CASE H:95, 2700 West Union Avenue • Chairman Clayton set forth the parameters for conduct of the HearinJ. He swed dial anyone aggrieved by a decision rendered by the Board may appeal dial decision to a coun of record ; however. such arpeal must be made within 30 days of Ille Board's decision. Mr. Clayton stated he had proof of publication. He stated die procedure for tbe meecinJ would be that the appeal would be presented by city staff, and dial Ille appellant and lbose dial wish to speak would follow for testimony . Mr . Stitt. Planning Administrator. was sworn in for testimony . Mr . Stiu explained the appeal is for relief from die Correction Notice issued by an inspector of die BuildinJ and Safety Division in rderence to th e 1994 Uniform Building Code. Section 310.4, Epas Windows . 0 I r!' ,... __ _ •D .... & I . • 0 I I I~ '32 x l • • • t• - Charles Petty. Building and Safety Division Inspector, was sworn in for testimony. Mr . Peay discussed die e\'ellts leadin& up IO die Comction Notice. When be visited the site, wort hid been done: liclm&, and roof dectin&· At that time it was delenllined the house was owned by Mall Robl. a licemed roofin& comnctor. Mr. Petty explained that be did not issue a stop wort order became Mr. Robl was a local propeny owner and contractor, and be qreed IO oblain die appropriate permits. Mr. Petty stated be reviewed and approved a builclm& permit for die repllcement of fourteen (14) windows . He testified on the ·raurts· sec:lion of die buildin& permit be wrote, any window replaced in a bedroom must be inslalled acc:ordiq code, Section 310.4, Emergency Egress Windows, of die 1994 UBC. Discussion ensued on whether the windows were a replacement or a repair. Board Member Smith questioned why the wort was not a repair, referencin& Section 219 of the UBC: "Repair is the reconstruction ... of an existing building for the purpose of its maintenance .· Mr . Petty responded the entire window units were replaced. lberefore, it was not a repair . He explained the work would be a repair if J)ass is missin&, or bandies. He stated once the whole window is removed. the code for Earess Windows in a bedroom aoes into effect . He stated it was his understandin& dW there are two bedrooms in the house, and those windows in particular are required 10 meet Earess Window codes. He discussed the requirements for Egress Windows, SWing dW the muimum sill heiJbt cannot exceed 44 inches . that the minimum net clear openable area needs 10 be S. 7 square feet, and the openable height not less than 24 inches. Board Member Barber questioned the sequence of lime between the issuin& of the permit and the Correction Notice . Mr . Petty explained that M & R Roofing applied for a buildinJ permit on Much 7, 199S, it was issued on March 8th. and the Correction Nocice was wriaen on March 14, 199S. He reiterated that be wrote the Egress Windows for bedrooms must be installed according to code under the remarks section on the buildin& permit issued March 8, 199S. (At 7:SS p.m. Ms. O'Brien entered Council Chambers). The Chairman asked the appellant to come forward for testimony. 2 .... •. ... I . . 0 , 1~ • • • • M & R Roofmg. 2700 West Union Avenue was sworn in for testimony . Mr. Rohl testified he mew dial die boule was in disrepair when he purchased the property in 1994. He swed when he c:aDed die City IO inquire about renovaun1 lhe house, he spoke to Joyce Panom. (Neipborbood Services) wbo informed him that because the house was a historical marker, bailt in die 1920's, he coald not make any suucturll chan&es to lhe house but could do cosmelk: wort oa iL Mr . Robl submiued for the record two photoarapbs: one of die boase before working on it. and the second photo of the re-roofmg, new paers. and windows. He discussed replacement of the windows stalinl he put in new window DDi1S bec:ause the old ones were unopenable due to layers of painL He Sla&ed 11w Ille new windows cost about S200 but to conform to the Earess Window rqulalions would cost up to Sl,000 because he would have to tear out some of the new sidin& and interior drywall, and put in new framing around the window . He concluded 11w the roofmg, puers, and windows totalled about $2,000. Mr . Robl an swered questions from the Board . He stated that he was a licensed roofmg contrlCIOr, and was not familiar with Egress Window codes . He testified he does not occupy the house, but rents it to this secrewy . He acknowledged doing the wort without getting building permits. The Chairman acknowledged someone in the audience requesting to testify . Ralrh Sokol. S & H lmpro\'ements. was sworn in for testimony. He stated he was represenlin& parties in lllOlher case but wanted to comment on the present case . He swed he bad never beard of replacing wind ows and requiring them to be brou&ht up to CUITCnt code. City staff continued their testimony. Becky Baker . Chief Building Official. was sworn in for testimony . Ms . Baker referenced Section 3403.2: "Additions , alterations or repairs may be made to any buildin& or suueture without requiring the existing building or structure to comply with Ille requiremenu of this code, pro\'ided the addition or repair conforms to dial requiled for a new buildin& or structure . 3 ...... • . ... ., I . • 0 , 2 I • • • • " - • - She continued her testimony discussing a survey that contacted twenty (20) cities and of that number, sixieen required cumnt codes for e,ress windows when windows are replaced . She explained that it is a life-safety issue due to most fire dealbs occmring in a residential buildinr is a result of unopenable windows, and improper escape ud/or rescue. Ms. Baker stated the window requirements are bued on atensift 1aan1 by lbe SUI Diero Buildinr ud Fire Departments. Their fmdinp determined wbal proper beipt ud width of window openings should be to provide adequate rescue and escape should a fire occur. Their detennination was that a minimum of 20 inches for the width of the window was based on u opening large enoup to place a ladder and to allow admi1lance of a firefirhter with full rescue equipmenL The minimum 2A inch beipt dimension was based upon the minimum nt.ceSSary to admit a firefipter with full racue eqaipmenL Ms. Baker concluded that once they (the Building and Safety Division) arc aware of windows beinr replaced, it is critical that they be done accordiq to lbe current requirements as outlined in the UBC. The Chairman incorporated the staff repon ud exhibits into the record and closed the public hearing . Mr. Seymour moved : Ms . Christman seconded : THAT FOR CASE #4-95. MA1T ROBL, OWNER OF 2700 WEST UNION AVENUE, BE GRM"TED AN APPEAL FROM 1HE CORRECTION NOTICE ISSUED BY A Bl11LDING AND SAFETY INSPECTOR. SEcnON 310.4, EGRESS WINDOWS, OF THE 1994 UNIFORM BUILDING CODE. Discussion ensued. The members locked in their votes and rave their findings of fact. Mr. Welker voted "no " statinr he was upholding the Correction Nolice from the Buildinf Department ; that the contractor had the opponunity to comply when it was noted on the permit that the windows must conform to cunent codes; ud that Section 3403.2 of the UBC requires that when alterations are made to an existing building, they must comply with current codes to allow the existing structure to be firesafe . Ms . O 'Brien concurred with the statements made by Mr. Welker. Mr. Smith voted "yes" statinr in his opinion the work was a repair and should not have bad to conform to current codes. and should not have required a building permit. • ..... • . I . • 0 I I~ • • 0 • Ms. Christman voted "no" Slating dW she concurred with the reasons previously swed by Mr. Welker. Mr. Seymour voted "no" stating he did not care what it cost to brift& the windows up to code, if the issue is one of safety. Mr. Barber voted "no" stating the contractor bas the responsibility to know the codes and was obliJated to do the construction work according to builclin& codes. Chairman Clayton also voted "no" staling dW in bis opinion the contractor was obligated to do the work as specified on the building permiL When the votes were displayed, one member voted in the affumative, with six members votinr in oprosition . The Chairman announced the request for an appeal was denied with a 1-6 vote and that the applicant must comply with the Correction Notice. PUBLIC HEARING · CASE 1$:!$: 431 Ea~t Girard Avenue The Chairman opened the Public Hearin1 statinr he had proof of publication and postinr. Mt. Stitt. Planning Administrator, stated the applicant. Jacalyn Neuhaus, was requesting a variance from the Comprehensive Zoning Ordinance, Section 16-4-4:M,5.k,(3), Home Occupations, to permit manicuring as a home occupation . Mr. Stitt informed the Board that the applicant must meet all five conditions for grantinr a ,·ariance as stated in Section 16-2-8. In addition, the applicant must meet the five conditions for granting a Use Variance . Mr. Bwtzman . City Attorney. discussed the circumstances with the case under consideration. He read into the record Section 16-2-8,4 . of the Municipal Code: "In Section R-1-A, R-1-B. and R-1-C, no variance for a use dW was creaaed or chan1ed after May I. 1985. or that became nonconformin1 after May I, 1985, shall be approved without review by the Board and the City COWlcil. First review shall be by die Board. If aprroved by the Board. the variance shall be referred to die City Council. The City Council shall review the record and a written decision of the Board co delemline if the variance complies with the requirements of this ordinance. No Hearin& shall be held 5 -• "' - •. I . 0 I 2 I • • • • • before City Council. Should the City Council delemline the variance does not comply with this Ordinance. the variance shall dlen be denied. Discussion ensued. The Chairman asked the applicant IO come forward for testimony. Jacalyn Neuhaus. 431 East Girard Avenue. was sworn in for testimony. Ms. Neuhaus discussed her current home oc:cupllion as a day care and that she is licensed by the Swe IO care for eight children. She aplained she has three children of her own, is a single parent, and financially responsible for carinf for her three · children. The Chairman directed the applicant to address the conditions necessuy for granting a variance . Ms . Neuhaus explained she has an exceptional piece of property because she is in a residential neifhborhood located near the Swedish Medical facility. She explained she had a concrete pad placed to the east side of her property IO ~viale any partinr problems in the neighborhood and to provide parting for her patrons. Ms . Neuhaus submitted for the record a neirhbor stalinr they did not object IO her proposed home occupation . M s . Neuhaus concluded that in her opinion she should be granted her request because there would be less traffic with manicuring than her current day care home oc:cupllion. Mr. Stitt . Planning Administrator, explained some of the issues of a "use" variance. He swed that a typical use variance i s for "permitted principal uses " explaining that if the propeny cannot be used for any purpose permitted within the zone district, then a use variance may be granted. However. in the case under consideration. it is not a permitted principal use that is the subject of th e request but rather a secondary use : home occupations. The Chairman clarified the issue stating that the Municipal Code prohibits manicurin& in the zone district that the applicant resides in ; therefore. the variance is for a use other lban what is permitted. Jim Zadi e. 3365 South Pennsylvania Street. was sworn in for testimony . Mr. Zadie stated his bigest concern is addin& IO lbe current parking and traffic problems on Pennsylvania. Girard, and Pearl, because of lbe Swedish Medical Center facility across the sueet. Mr. Zadie concluded that be was concemed a"out an overcrowded situation that could become more concenb'aled. 6 ' .... "' - • . I . • 0 - • • . ~ • Discussion ensued with questions about the Vlriance applyina to die person or widl die property. Dan Brotzman. City Anomey. clarified that the variance would run widl die property. Mr. Stitt, Planning Administrator. entered into the record a letter from Brian and Debbie Edie, residents of die neipborllood at 3331 South Pennsylvania Street He read lbeir lisl of concems reprdin& die case : parking and traffic problems, mix of a business in a residential area. and bow die basiness might affect the resale of this propeny. Discussion ensued aft.er Ms. Newhaus Stalin, she should be lf'lllt.ed her variance request since the Board granted a beauty shop south of her. (The secretary informed the Board that the cue in question was 3400 South Downing from 1992 ). The Chairman called for a recess at 8:55 p .m . IO allow City staff lime to review die cue. 1be meeting reconvened with the same members present 11 9:05 p.m . · Mr. Cla)10n explained that the Board considers each cue individually on its own merit and the fact that a beauty shop was granted a variance, does not wamnt dill die present case sbould be granted a variance . Mr. Stitt. Planning Administrator. discussed the variance granted to 3400 Soudl Downin&. He clarified tbal die zone disuict are different : the beauty shop operllin1 as a home ocxupalion from 3400 Soutb Downin1 is located in a R-3 zone district. It did not have to ao befCft City Council for approval. The case under consideration is locaaed in an R-1-C zone dislrict and is required to be referred to City Council. Discussion ensued. The Board requested that staff discuss the issue of cosmetolo,y widl reprd to bome oc:cupalions. Mr. Stitt , Planning Administrator. read the definition from Websters dictionary : ·Cosmetolo,y: die aeaanent of bair, Kin, and nails." Mr. Stitt stated the current prohibition of bartlers, bairdressers, cosmetolopsts, and 7 .... . ' •. I . • 0 - • • • r. • '· beauticians to have a Home Occupalion in En&Jewood, is based on the Sw.e licensing regulations which did not permit Ibis type of business to operare from a residence. The State amended their licensin& replalions to allow lbese businesses to operare from their homes . Cunently, lbe Planning and z.onm, CommissilJII (of Eqlewood) bas proposed amendments to the home occupalions replalions 1bal would remove 1bal reslriclion for barbers. bairdressen, cosmetoJ<>&ists to c:onduct lbeir business in lbeir bome. Discussion ensued . With no funller discussion or testimony to be beard. the Cllairman closed the public bearing. incorporating the staff repon and exhibits. Mr. Seymour moved: Mr . Welker seconded: TiiAT FOR CASE #5-9S, JACALYN NEUHAUS, PROPERTY OWNER OF .C31 EAST GIRARD A VENUE. BE GRANTED A VARIANCE FROM 1HE COMPREHENSIVE ZONING ORDINANCE. SECTION 16--M:M.5.k(3), HOME OCCUPATIONS, TO PERMIT MANICURING AS A HOME OCCUPATION. The Chainnan asked the members to lock in their vores and pve their fuadin&s of fact: Mr. Smith voted "yes" stating that the proposed use is compalible with the uses in the neiJhborhood: that the proposed use is the least ll'lffac-intensive; 1bal the use is reasonable for the proreny: that the use will not be detrimental to ocher uses because the subject property is surrounded by the business zone districts; and that the proposed use will not bave an adverse affect on the nei1hborhood . Ms . Christman concurred with the same reasons staled by Mr. Smith. Mr. Barber concurred with Mr. Smith's statements. Mr. Welker concurred . Ms . O'Brien concurred . Mr . Seymour concurred stating that the manicurin& home occupalion would not bave an impact on the neighborhood. Chairman Clayton stated he agreed with the swements from Mr. Smith. When the votes were displayed, the Chairman announced the vmiance request panted with a voae of 7-0 . I ,,,_ -.-------...---~ • ' r I:, •. I . • 0 - • PUBLIC HEARING • CASE fHS: 3988 South Grant Street • 0 ,. - The Chairman opened the Public Hearing swing he bad proof of publicalion and postin&. Mr. Stitt, Planning Administrator, identified the varianc.e request He explained the applicant is reqaeslin& a variance from the Comprehensive Zoning Ordinance, Section 16-4-4:H. Minimum Front Yard Selback. to encroach 9 feet into the required 25 foot front yard lelback, for the purpose of consuucting an enclosed porch. Mr. Stitt added that the applicant's property is one of two substandard IOU in die block. 41.67 feet wide by 125 feet deep. The narrow lot widlh meelS die first findings upon ••hich a variance is granled, but llken by ilSClf the narrow lot does not affect the Applicant's variance request When coupled widl the excess land between die front propeny line and the sidewalk. die result is a siplificant reduction in the impact the encroachment will have on the neighborhood. The Chairman asked the applicant to come forward for restimony. Mr. Sokol. S & H Improvement testified on behalf of the Stookesberry's as their conll'ICtOI'. Mr. Sokol staled the proposal is to remove the existing small porch from the front of the house and replace it widl an enclo sed porch approximately 17 feet wide. by 9 feel He scaled the pordl would line up with the house , but would project into the front yard setback by 9 feel Mr. Sokol submitted for the record four swetnenlS from neipbors stalin& they were in fa\"or of the variance request. Mr. Sokol concluded that the proposed pordl would afford relief for bis customer, and would enhance the neighborhood. Mrs . Mary Stookesberry, 3988 South Grant Street. was sworn in for testimony. Mrs. Stookesbeny Slated their request wu for an enclosed porch to the front of the house which would live them some proteclion apinst die sun in th e summer. and proleCtion from snow and ice in die winier. She concluded llllin& that they have resided in the house for 9 years, made several improvements such as a pati o to the back. and that in her opinion the proposed porcb would enbance their propeny . 9 -• ,. - •. I . • 0 - • • • There were no funher speakers present for or apinst the variance request 1be Ollinnan incorporated the staff repon into the record, and closed the Public Hearing. 1 • Mr. Welker moved: Mr. Smith seconded: lliAT FOR CASE #6-95. FOR MR. AND MRS. STOOKESBERRY. 11IE PROPERTY OWNERS OF 3988 SOU1H GRANT SDEET, FOR A VARIANCE FROM 11IE COMPREHENSIVE ZONING ORDINANCE. SECDON 16-4-4:H, MINIMUM FR.ONT YARD SETBACK, TO ENCROACH 9 FEET INT0111E REQUIRED 25 RXJT FRONT YARD SETBACK FOR 1HE PURPOSE OF CONSlllUC'llNG A COVERED PORCH. Discussion ensued . The members locked in their votes and gave their findings of fact Ms. Christman voted "no" statini the request does not meet the criteria for anntin& a Vll'iance . Mr. Seymour voted "no" stating that the 9 feet would be a protJUSion that no one else in the neighborhood has, and that the encroachment would be 3641> of front yud setback. Mr. Smith voted "no" stating that the 9 feet is too major an area for the encroachment · Ms . O'Brien stated she voted "no" for reasons previously Staled. Mr . Barber ,•oted "no" stating be also considered the 9 feet too lar&e an area for the encro1Chmen1. Chairman Cla)1on voted "no" stating the request does not meet the aiteria for annting a variance . When the votes were displayed, the Chairman announced the variance request denied with a 0-7 \10le . PUBLIC HEARING · CASE #7-9$; 3066 South Clarkson Avenue Jeff Moening The Chairman opened the Public Hearing statin& he bad proof of postin& and publicalion. 10 .... • . .. I . . 0 • • • Mr. Stitt, Planning Administrator, identified the request He swed lhe applicant, Mr. Jeff Moenin1, is request a variance from Section 16-4-4:H, Minimum Front Yard Setbact.. to encroach S.8 feet into the required twenty-five foot (25') front yard sed>lck. for the purpose of enclosinJ an existing porch. The Chairman asked the applicant to come forward for talimony. Jeff Moening. 3066 South Clarkson Street. was sworn in for testimony. Mr. Moenins disculsed the events leadins up 10 bis request for a variance . He explained be knew when be pun:bued lbe house dial lhe porch needed to be repaired. He swed lbe porch was pan of the oripnal house built in 1927 . He stated he was doing some wort on the porch when an inspeclor from the Building Depanment stopped and issued a SIOp wort order, advwng him to apply for a building permit before continuing the wort. He stated be was informed durinJ lbe plan review that the porch encroached into lbe front yard setback by S feet 8 inches. Mr. Moening addressed the conditions for granting a variance. He stated placement of the front porch existed when he purchased the house, that it was partially enclosed. Due to the dilapidated shape of the porch, he was &earing out the old and renovating iL He stated the propeny is unique because his front yard is 31 feet; the City owns ten or twelve feet of the front yard to the sidewalk . He submiaed for the record swements from neight,ors in favor of the variance. therefore Ille new enclosure would not affect the neight,orhood. He stated the variance would not adversely affect the neisbborbood as the new enclosure will be an improvement from Ille dilapid&led shape it was in. Mr. Moening concluded that the variance will secure public safety and welfare. will not impair the propeny of his neighbors, or the neipborhood, and that replacin& lbe structural porti on of the porch will achieve a safer structure. The Chairman cl osed the public hearing. Mr. Seymour moved : M s . Christman seconded : THAT FOR CASE #7-9S, TIIAT MR. JEFF MOENING, PROPER1Y OWNER OF 3066 SOUTH CLARKSON SnEET, BE GRAN'IED A VARIANCE FROM TIIE COMPREHENSIVE ZONING ORDINANCE. SECTION IM-4:H, MINIMUM FRONT YARD SETBACK. TO ENCROACH S f'EET 8 INCHES INTO 11IE REQUIRED TWEl\TI-AVE FOOT FRONT YARD SETBACK, FOR 11IE PURPOSE OF ENCLOSING AN EXISTING PORCH. II -• ...... • . ... •· • 0 - • • • - Discussion ensued. The members locked in their vOleS and pve their findings IS follows: Ms. O'Brien stated she voted "yes" because the porch existed when the applicant pmdaued the house, there was no objection from any of the neighbors, and that the renovation will improve the propeny and be an asset within the nei1hborhood. Mr. Barber concurred stating the porch existed and the applicant was uppwting the porch not adding to the house. Mr . Welker concurred for reasons already staled. Mr . Smith voted "yes" because it is a circumstance that exists not one the applicant is creating . Mr . Seymour voted "yes" concurring with swements made by Olber members. Ms. Christman concurred . Chairman Clayton voted "yes" stating the request meets all the conditions for granting a variance . When the votes were displayed, the Chainnan announced the variance IS granted with a 7-0 vote. He instructed the applicant to contact the Building and Suety DepartmenL STAFF ADVISOR'S CHOICE: Mr. Stitt announced that Mr . Merkel. Director of Community Development. had resigned from the City to take a position as Town Manager of Dillon . CID'. AJTORNEY'S CHOICE: Mr. Brotzman updated the Board on the status of home occupations. informing them that first reading i~ scheduled for the City Council on Monday, June 5th. BOARD MEMBERS CHOICE: Mr . Smith made a motion recommending that the Chairman write a letter to City Council suuesting that they approve the recommendations from the Plannin1 and l.onin1 Commission regarding home occupations . All members voiced approval. 12 ,, - I. • 0 \ ! I " 1 a2 x l • "'~ • " . • ' . Discussion ensued on Slaff repons IDd illformalion and supponin& docamelllllion praemed wilh each case . A recommendalion wu made wi1b Ill members voicin& approval. 11111 C11ainDan Clayton conllCl the Mana,er of Community Semces to dilcals die Board's concerns rqanlin& swf repons anc1 their necessary docamallllion. Wilh no funher business to come before die Board. die meeliq wu adjoarned ll 10:25 p.m . Respectfully submitted. Cathie Mahon. Recording Secretary 13 ' . • ' I . . 0 , ~.,')(I • • 0 I• • COUNCIL COMMUNICATION DATE: June 19, 199S AGENDA ITEM SUBJECT: Zoning Ordinance 11 a ii Amendment: Home Occupations INITIATED BY: City Planning and Zoning STAFF SOURCE: Commission Harold J. Stitt, Planning Administrator COUNCIL GOAL AND PREVIOUS COUNCIL ACTION; The City Council held a Public Hearing on the proposed amendments to the Comprehensive Zoning Ordinance regarding Home Occupations on November 7, 1994, following several study sessions and a Public Forum thereon. On November 21, 1994, City Council voted to remand this issue to the Planning and Zoning Commission with directives to bold further Pub- lic Hearings, to advenise said Hearings in both the En1Iewood Citiu;n and the En1Jewood Hmld, and to report back to the City Council no later than June 1, 1995. RECOMMENDED ACTION; To schedule a date for Public Hearing on amendment of the Comprehensive Zoning Ordinance for Home Occupations . BACKGROUND, ANALYSIS, AND ALTERNATIVE'S IDENJ IOW; The City Planning and Zoning Commission held a Public Hearing on the proposed amend- ments to the Comprehensive Zoning Ordinance on October 19, 1993, which hearin& wu con- tinued to November I, 1993, and further continued to November 16, 1993. The propolCld amendments on Home Occupations included provisions for Home Occupations in the R.-1-A Zone District, addressed changes in State regulations governing specific businesses, and also addressed the changes in lifestyle of today's populace. The amendments were recommended for approval by City Council on November 16, 1993, by a vote of the Commission. The City Council received the recommended amendments to the Comprehensive Zonin& Ordi- nance, considered the issue durin& the course of several study sessions, and at a Public Forum held by the City Council in mid-summer, 1994. At the completion of the Public Hearing pro- ceedings in November, 1994, City Council remanded the issue to the Plannin& & Zonin& Commission for further study, with directives on additional Public Hearin&s, on advertising, • ,- .. I . • ' • • t• • <, and a report-back date of June 1, 1995 to Council. City Council also forwarded to the Plan- ning Commission Xerox copies of all petitions in opposition to the Home Occupations in the R-1-A Zone District which had been submitted during the course of the Council Hearing proc- ess . Staff analysis of City Council proceedings and petitions concluded that objections to the amendments came only from residents of the R-1-A Zone Dislrict; that no objections were voiced by residents of any other residential zone district. Four options for c:onsidaation by the Planning Commission weie prepared by staff, those options being: 1. 2. 3. 4. Recommend adoption of the amendments u ori&inallY proposed to City Council by the Planning Commission. Amend the regulations for all Districts as originally proposed, except for R-1-A, which would have limited type and number of home occupations. Amend the proposed regulations for all Districts as originally proposed, except prohibit home occupations in the R-1-A Zone District; or Recommend that there be no amendments made to the home occupation regulations. A Public Hearing was held by the Planning Commission on March 21, 1995. Testimony was received from staff and from members of the &eneral public. Objections to allowance of home occupatioN in the R-1-A Zone Disttict were wiced by a number of residents from that mne district. No objections to home occupation amendments in the remainin& residential dillricts, R-1-B, R-1-C, R-2, R-2-C, R-2-C SPS, R-3, or R-4, were made. The issue was tabled for further consideration on this due. On April 4, 1995, the Commission further considered the issue of home omipelions, and rec- ommended that Option 2, wbich resuicts the type of home om!pllions allowed in R-1-A, and allows the amendments pertaining to the Olher residential zone dillricts u previously recom- mended in 1993, be approved by City Council. ONANCIAL IMPACT; None LIST Qf A]TACHMENTS; Bill for Ordinance StaffRepon Findings of Fact 2 . ' .. I . . 0 , xi • • • ORDINANCE NO. _ SERIES OF 1995 • 0 - .... BY AUTHORITY A BILL FOR AN ORDINANCE AIIBNDING ffl'LB 18, CIL\P'l'Bll 4, OP TBB BNGLBWOOD MUNICIPAL CODE, 1985, REGARDING HOME OCCUPATIONS. WHEREAS, home occupations have been permitted in all residential zone diatric:ta euept in the R-1-A since the 1950'1; and WHEREAS, aocietal norms and community needs have chan,ed over time and eii:cluding home occupations in the R-1-A district i1 now not in the community's beat interest; and WHEREAS, additional chances to the home occupation regulation• themielvea will reflect the needs and deaire1 of the community; and WHEREAS, these amendments help clarify and make more efficient the overall administration and enforcement of the Comprehensive Zoning Ordinance; and WHEREAS, the Enclewood Planninc and Zoning Commission held a Public Hearinc on propoaed amendments to the Zoninc Ordinance on October 19, 1993, reviewed and recommended chanpa to the Home Occupations aectiona; and WHEREAS, a Public Forum wu held on .July 18, 1994 by the City Council; and WHEREAS, C.B. 50, Series or 1994 was introduced, read in full and passed on tint reaclinc on OctGber 3, 1994; and WHEREAS, C.B. 50, Series or 199.& was published in the Enclewood Herald on October 6, 1994 ; and WHEREAS, a Public Hearinc wu held on November 7, 1994 by the City Council; WHEREAS, C.B. 50, Series or 1994 wu read and amended on November 7, 1994; WHEREAS, C.B. 50, Series or 1994 wu publilhed u amended on November 10, 1994; WHEREAS, the Enclewood City Council tabled C .B. 50, Seriea 1994 and referred it beck to the Enclewood Planninc and Zoninc Commi11ion on November 21, 1994; and WHEREAS, the Enclewood Planninc and Zoninc Commission held a Public Hearinc on these proposed amendments on April 18 , 1995, reviewed and recommended the amendlqents; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: -I - ,,. - •. I . • 0 • I I I ,, . I f • • - Sedioo 1. The Enet-oocl City Council hereby approves amendine Title 16, Chapter 4, Section 2, Subeection M, Paragraph 5, of the Enclewoocl Municipal Code which shall read u follows: lM-1: R-1-A SINGLE-FAMILY RESIDENCE DISTBICI': M. 5. HOME OCCUPATION. OCCUPATIONS CUSTOMARILY INCIDENTAL TO THE PRINCIPAL USE AS A RESIDENCE WHEN CONDUCTED IN THE SAME DWELLING, PROVIDED THAT THE FOLLOWING CONDITIONS ARE MET: A. THE HOME OCCUPATION SHALL BE RESTRICTED TO PROFESSIONAL OFFICES AS DEFINED UNDER ENGLEWOOD MUNICIPAL CODE 16-8-1. B. THERE SHALL BE NO FACE TO FACE CONTACT WITH CLIENTS, CUSTOMERS OR THE PUBLIC AT THE LOCATION OF THE HOME OCCUPATION. C. THE HOME OCCUPATION SHALL BE OPERATED ENTIRELY WITHIN THE DWELLING UNIT AND ONLY BY THE PERSON OR PERSONS MAINTAINING A DWELLING UNIT THEREIN. D . NO ASSISTANTS SHALL BE EMPLOYED. E . THE HOURS AND MANNER OF SUCH USES AND THE NOISE CREATED THEREBY SHALL NOT INTERFERE WITH THE PEACE, QUIET, OR DIGNITY OF THE NEIGHBORHOOD AND ADJOINING PROPERTIES. F. THE OFFICE OR HOME OCCUPATION SHALL NOT HAVE A SEPARATE OUTSIDE ENTRANCE. G . THE OCCUPATION SHALL NOT Ul'IUZE MORE THAN THREE HUNDRED (300) SQUARE FEET; PROVIDED, HOWEVER THAT THIS DOES NOT APPLY TO FOSTER-FAMILY CARE. H . THE HOME OCCUPATION CANNOT INCREASE TRAFFIC OR PARKING IN THE NEIGHBORHOOD. I. NO SIGNAGE SHALL BE PERMITTED IN THE R-1-A ZONE DISTRICT FOR HOME OCCUPATIONS. J . ALL HOME OCCUPATIONS SHALL BE REGISTERED WITH THE DEPARTMENT OF COMMUNITY DEVELOPMENT UPON COMPLETION OF AN INSPECTION OF THE PREMISES BY THE DEPARTMENT AND THE FIRE DMSION. 5ectj90 2 The Ellllewoocl City Council hereby approves renumberiq and amendinc Title 16, Chapt.r 4, Section 3, Subeeetion M, Pan,raph 4, of the £nclewood Municipal Code which shall read u follow1 : -2- ..... "' - ... I • • 0 '32xl • • • . . 18+1: R-l·B, SJNGIB-FAIIILYBBSIDENCE DJSTBICT: M. -+. 5. Home Occupation. Occupation, caatomarily inciclental to the principal use u a relidence when eonductecl in the Nllle dwellinc, provided dllt the followiq condition, an met: a. Sales on the premiNa. (1) TIie sale on the pnmi-al it.ems which haft.._ made, p,nm, or prepared on the premiNS lhall be permit;t.ed. (2) TIie sale on the p...--al any item which baa lllt been made, p,nm, or prepared on the pnmiNI lhall be prohibited. (3) FINE A1lTS fflJDIO IN WHICH INSTRUCTION IS GIVEN IN FINE ARTS POil GROUPS OF NOT YORE THAN POUR (4) PERSONS. (4) TUTOlllNG OF NOT MORE THAN POUR (4) PERSONS AT ANY ONE TIME. b. Selea olf the premiae1. Sales olf the premiMs al such items H .,..._al or houehold pods IUCb u ~ producta offend by Avon, Amway, Fuller Brush, Watkin1, etc., lhall be permitted. c. TIie occupation lhall be operated mtirely within the dwellin& anit and only by the penon w penona maintainin& a dwellinc unit therein. d. No uliatantl lbal1 be _.,..,.._ e. TIie hoan and mann• al aada -and the DOile Cl'Nt.d thereby lhall Dllt ...... .. ............ ~ ,,, the ............................... f . TIie .... .._ .ap11t.ian lllaD DOt ........... ta outaide entrance. I· Ineidlntal ..._.111a11 be allowed fw items made on the premiNI ancl/or IOld olf the premi..._ h. TIie allee or ocrupation, inchNtinc .,.... at materials, eqaip-t, in..nory ancl/or IUIIPliN. lhall not atiliae man than tbrN handnd (300)....,.. felt; prowled, ........ that this don not apply to felt.er. family can w a ._,-care IMae. i. ;. A ._,-care .... for the can al w CU • ,._ E•> cbilclrm IN ACOOIU>AHCS WITH STATE UCBNSING REGULATIONS. .., .... Ill ·-····· .... , ...... .. W ti ....... ...... hcJJ • liait•• ia ..... 11M. a l1lal lillilnlhn ., .......... m .... , ....... -......... .............. (II') .... , ... . .3. . ' .. I . • 0 - • • • "' - • • J. THE HOME OCCUPATION CANNOT INCREASE TRAFFIC OR PARKING IN THE NEIGHBORHOOD. k. In no event shall any h-occupation include the followinc business or commercial activities OR EQUIPMENT OR SDIILAR TYPE OF BUSINESS OR ACTMTY: ( 1) Animal hospital or kennel (2) Asphalt pavin( business. (3) Barben, bairdreuen, coametolClliltl or beauticians. (4) Body, mechanical repair, or modif'1eation of' motor vehicles. (5) The sale, atorap, manufacture or assembly of cuns, knives, or other weapons or ammunition other than for penonal me. (6) Commercial health care facilities. (7) Dump trucks. (8) Restaurants . (9) Towinc bu1ine11. (10) Wholesale or retail UNI of any itema on or otr of the premi1e1 11:cludinc SUBSECTIONS a and b, HEREOF. (11) ProcealH involvinc the diapen1inc, -. or recyclinc of huardoua or flammable aubltances and materials. (No nplation ii intalded on the ule of flammable lllbetance1 whieh •e pre,eti, pacbpd ACCORDING TO LAW.) (Comprehensive 7.oninc Onl. 1985) I. All home occupations shall be reciltered witll the Dlpartment of Community Development upon completion of an inapection of the premiNa by the Department and the Fire Division. (Comprebemiw Zoninc Ord. 1985; amd. Onl. 63 Series 1990) S,s;tjpp 3 The Enclewood City Council hereby appl"Ofta renamberinc and amendinr Title 16, Chapter ,, Section 4, Subeection M, Panpaph 4, of the Enclewood Municipal Code which shall read u follows : 16-4-4 : R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT: M . -+. 5. Home Occapation. Occapation1 caat.omarily incidental to the principal uae u a residence wbm CDDdac:t.ed in the same dwelliq, proviclecl dlllt the followinc condition, an met: -4- ' ... I. • 0 '32xl - • -. • • . . a. Salea on the premilea. (1) The •le on the premi•• vi it.ems which have been made, ll'OWD, or prepared Oil the PffllU-lhall be permitt.ecl. (2) The sale on the premi1e1 vi any item which baa not been made, l"IWD, or prepared on the premilel lball be prabibitecl. (3) FINE ARTS STUDIO IN WHICH INSTRUCTION JS GIVEN IN FINE ARTS POR GROUPS OF NOT IIORE THAN POUR (4) PERSONS. (4) TUTORING OF NOT MORE THAN POUR (4) PERSONS AT ANY ONE TIME. b. Sales off the premise,. Sain olf lbe premilea of auch it.ems ae penonal or hOUlebold pocla IUch u thole proclueta afferecl by Avon, Amway, Fuller Bruh, Watkina, et.c., lhall be permitt.ecl. c . The occupation shall be operatied mtirely within the dwellinr unit and only by lbe penon or .,..--, maintaininr a dwellinr unit therein. d. No auiatanta lhall be employ.cl. e. The boan and manner vi aucb UNI and lbe noiae a.tecl thereby lhall not interf'en with lbe ..-, quiet, or dipity vi lbe neipborhood and alijoinins propertiea. f . The office or "--.,.tion lball not have a aeparat.e outaide entrance. 1. Incidental ltorllp lhall be allo,nd for itiema ..... on the premi•• and/or aold otr the premi•a. h. The office or occupation, inchulin, .....,. vt-terial,, equip-t, invmtory and/or 1upplin, lhall not utiliae more than three hundred (300) square feet; provicled, hcnNver, that thia cloea not apply to ro.ter- family care or a daycare home. i . A day-can home for lbe care vi w (l) Ill ,._ W childnn IN ACCORDANCE WITH STATB UCBNSING llBGULATIONS . .., lie,. ...... Ma h1a1 Ill J f ;-. J. 'Rte w If aleatlie a1t1ra allall hi liaW • ,. •• , wMla • t1tal limitatiaa If w _. .. half (l) 11-,ua, _. • lilllle •• e.11' lhNI ...... (If') hll'HJIWII: THE HOME OCCUPATION CANNOT INCREASE TllAPFIC OR PARKING IN THE NEIGHBORHOOD. -5- .. I. • 0 , • • • • • k . In no event 1hall any home occupation include the followinr buaineu or commercial aetivitiel QR EQUIPMENT OR SIMILAR TYPE OF BUSINESS OR ACTMTY: (1) Animal hoapital or kennel. (2) Alpbalt pavinc bulineu. (3) Buben, hairdre-n, coametolopllt.l or beautician,. (4) Body, mechanica• repair, or modification of motor vehiclea. (5) 'nle aale, atorap, manufacture or anemb)y of (UDI, knivn, or other weapon, or ammunition other than for penonal UN. (6) Commercial health care facilitiea. (7) Dump trw:lt,. (8) Re1taurantl. (9) Towinr bu1ineu. (10) Wholeaale or retail UNI of any item, oli or off of the premilel ucludin( aubleetion1 a and b HEREOF. (11) ~ involviD( the diapenlinc, uae, or recycJinr of huardoua or flammable lubl&aw and mat.erial1. (No f'IIU)ation is intended on the ale of flammable aubatancn wM• .. , .. ,.,i, pacbpd ACOORDING TO LAW.) (Comprehensive 7.oninc Ord. 1985) I. All h-occupatioa1 lhall be......-with the ~t of Community Deftlopment upon C0111pletion of an impection of the premilN by the Department and the Pire Division. (Comprebenaive 7.oninc Ord. 1986; amd. Ord. 13 Series 1990) $cct,jpn '· The Enrlewood City Council hereby appro-rmumberinr and amendins Title 16, Chapter 4, Section 5, Subeection N, ParacraPh 4, of the EncJewood Municipal Code which 1ball read u follow,: lM-1: B-1 MEDIUM-DENSITY Bl811CNCI!: D18'11UCT: N . -+.-5 . Home occupation,. Occupationa cuat.omarily incidental to the principal uae u a relidence when conducted in the ume dwelliD(, provided dllt the followinr condition, are met: a . Salea on the premisea. (1) 'nle aale on the premi•• of itema which have been made, arown. or prepared on the premiN1 ahall be permitt.ed. -6· -,---,.,.._-,..__.. ' r I;., • .... ... I . • 0 • b. • • • (2) "nle sale on the premise, of any it.em whic:b hu not been made, irrown, or prepared on the premiNI ahall be prohibited. (3) FINE ARTS STUDIO IN WHICH INSTJlUCl'ION JS GIVEN IN FINE ARTS FOR GROUPS OF NOT MORE THAN FOUR (4) PERSONS. (4) TUTORING OF NOT MORE THAN FOUR (4) PERSONS AT ANY ONE TIME. Salea elf the premise,. Sain elf the premisel of such it.ema •• penonal or boUNhold poda such u thoae produda aft'ered by Avon, Amway, Fuller Bni1h, Watkin1, e&c., lhall be permitted. c. The occupation lhall be operated entirely within the dwellinc unit and only by the penon or penon1 maintaininc a dwellinc unit therein. d. No a11i1tantl lhall be employed. e . The houn and manner of 1ucb UNI and the noise created thereby lhall not interfere with the ...-. quiet or · dipity of the neipborhood and acijoininc propertin. f . 'l1le offlee or home ocmpation lhall not have a eeparat.e outlide entrance. I · Incidental lltorllp lhall be allowed for it.ema made on the premiae1 and/or aold off of the premi1e1. h. TIie offlee or occupation, includi111 atorap of mat.erial1, equip-t, inventory and/or aupplin, lhall not utilise more than three hundred (300) aquare feet; providad, however, that thi1 clon not apply to foeter. family care or a day-care home. i. A day-care home for the care of -m • fe•• U) children IN ACCORDANCE WITH STATE LICENSING REGULATIONS. -, Ille ,e.......aMah••• •••11Mi1a. J. k . 'Ille w ef' elee•ie ••"re _.I lie liai ... ill 11111•, with • ..... Ii•••• .,. ... --· half (1) h, .. ,. .... -· RI ..... •i• ecer lhree ..., .. , (.,,) he111111u1. THE HOME OCCUPATION CANNOT INCREASE TRAFFIC OR HAVE EXCESSIVE CARS PARKED NEAR THE HOME. In no event lhall any home occupation include the followin1 buain-or commercial activitiN OR EQUIPMENT OR SIMILAR TYPE OF BUSINESS OR ACTMTY: (1) Animal hoapital or kennel. (2) Asphalt pavin1 buaineu. -7- ..... "' - • . ... I . • 0 • I I I,, , • • "' - • t• • ' '· (3) Barben, hairdreuera, cosmetoloeilta or beautician,. (4) Body, mechanical repair, or moclification ol motor vehiclea. (5) 'l'lle ule, atorap, manufacture or uaemb)y ol pm, knivea, or oth.. ...,.., or Ulllllunition other than for,..._.) uae. (6) Commercial health-can t'acilitiea. (7) Dump trw:ka. (8) Rntaunnta. (9) Towine buineu. (10) Wholesale or retail 11111 ol any itema made on or off ol die premiMI ncludinc IIWINCtiona a and b HERBOF . < 11) Procellea involvinc die diapenainc, uainc or reeyclinc of buardoua • flammable ....,_ and material,. (No nplatioa ii int.ended oca die uJe ol flammable aubetance1 11hieh ere ,,.,..., pacbpd ACCORDING TO LAW.) (Comprehenlive 1.onin, Onl 1985) I. All home oc:cupation1 lhall be nciltend with die Department of Community Development upon completion ol an inapaction ol die premilea by the Department and the Fire Dmaion. (Comprebenaiw 1.oainc Onl 1985; amd. Onl 63 Seriel 1990) 5. Parkine Area. When an R-2 Medium-Density Resid•ce Diltrict abuta or ii acijacent ID a M 8 111iMU District, the portion ol die lat ..U-Ot ID die Blllineu Diltrict may be ued u a parltinc _.. by any commercial ll&ablilhment to a depth ol twenty-five (25') fllt it' the t'ollowinc condition, are met: • . 'l'lle parkmc area ·-be acnened from .. residmtial portion or the lot by. m loot C6'> ..... r-. aw. yard , .. _ •• a1ao be provided to -.-at property. ,,.... r.n-aball alao be lill feet (6') in beipt acept that within tm feet (10') of die NIU property line, the t'encea eannot eUNCI forty-two incbea ('2") in baicht or be lea, than fifty percent (l501') open. b. 'l'lle parltinc area mUlt be olbard aurf'ace 1111 prevent the movement of dirt and debria from die parkine area oa&o die public richt-of- way. c . d . Parkinc atapa mUlt. be placed in the parltinc area to prevent damqe to the fence by ftbiclea. Provilioca1 must be made for the collection ol truh u per City ordinance. -8- ..... . , • . ... I . • 0 I • • • ·, - e. The final deaip of the paTking area must be approved by the DiredoT of Community Development OT the appropriate desipee. f . No ltonp ofvehiclu is permitted and the lot is ID be uaed solely foT the puking of employees OT c:uatomen. g . No vehicles in -of eeven thousand (7,000) pounds may be parked in the parkinc UN. h . The minimum width of the puking area shall be ftft;y feet (50'). i. The Dinctor of Community Development may deny the uae of any lot u a parltin, UN if the above pl"OYiaiona an not met OT if conditiona are unaf'e. The Direct.or'• nalinc may be appea)ecl 1D the Board of AAijuatment and Appeals. (Onl. 4 Series 1992) $rctjpp Ci The Englewood City Council hereby approyea nnumberin1 and amendin1 Title 16, Chapt.eT 4, Section 6, Subeedion II, Parapaph 4, of the EncI-ood Municipal Code which shall read u follows : 11-4-& M. ""· 5 . Home occ11patioa1. Oecupationa cuat.omarily incidental to the principal use u a naidence when ~ in the same dweJlin,, pnwided dllt the following conditions are met: a . Sales on the premises: (1) The aale on die pnmieaa of items which haw been made, lfOWD, OT prepared OIi the premiNI lhall be permitted. (2) The ale on die pnmieaa of any itam which hu not been made, ,rown, or prepared on die premises lhall be prohibited. (3) FINE ARTS S'IUDIO IN WHICH INSTltUCTION IS GIVEN IN FINE ARTS JIOll GROUPS OP NOT MORE THAN JIOUR (4) PERSONS. (4) TUTORING OP NOT MORE THAN JIOUR (4) PERSONS AT ANY ONE TIME. b . Salu '1lf the pl'fllUMI. Salee '1lf die pnmiaea of auch items as penonal OT household pods such u thole producta offend by Avon, Amway, FulleT Brush, Watkins, etc., shall be peTmitted. c . d . The occupation llhall be GpeTated entirely within the dwellin1 unit and only by the penon or penona maintainin1 a dwellin1 unit thenin. No auistanta shall be employed. -9- ..... • . .. I . • 0 , - • • • • • <. e. The houn and manner of 1uch l1NI and the noile c:reated tbenby ahall not interf'ere with the .,_, quiet, or dipity of the neighborhood and acijoininc propertin. f. The office or b--.,ation lhall not have a separate Cllltaide entrance. I . Incidental ...... lhall N allo .... fw it.ml .... Oil the premiMI and/or aold off the pnmiNI. b. The office or occapation, inclwlinr atonp • mat.erial1, equip-t, inventory and.'or aappliel, aball not utilise more than tbl'N hundnd (300) aquan feet; ....,..W. i.o-. that tbil don not apply to foster. family care or a day-care b-. i . A day-cue home for tbe care of w (~ • ,._ U) cbilclnn IN ACCORDANCE WITH STATE UCBNSING REGULATIONS . ._,. lie,. lilt,•• •It-111 ,,r,n . ~ 'Rle w tie....._ •••re ..U •liaiW ill,. ••• wi6h • wal limitMi• tlw _. •• MH' <U .... ..,. .. _., •• ae 1i1111e •ii ......... ..-.., (a,6) ...... , .... J . THE HOME OCCUPATION CANNOT INCREASE TRAFFIC OR PARKING IN THE NEIGHBORHOOD. k.. In no event ahall any h-occupation include the followin1 buain-or com-rcial activitiel OR BQUIPIIBNT OR SDOLAR TYPE OF BUSINESS OR .ACTIVITY: ( 1) Animal hoapital or bnael. (2) Alphalt pevinc bulineu. (3) Barben, hairdreuen, COIIINt.olaciltl or beatician,. (4) Body, mechanical repair, or aodi6eatioa ot IMt.or ~ (5) Tbe ule, atonp, manufacture or ueembly of pna, knivel, or other weapon, or ·-i&ion other tllan llr ...-al -· (6) Commercial health care facilities. (7) Dump truck.a. (8) Re1tauranta. (9) (10) Towin, bulineu. Wbolnale or retail 11111 of any itaml on or off of the premiMI ncludinc IWINCtion1 a and b IDRBOF. (11) Procealel involvinc the diapenlinc, ue, or nqcU.,. of buardoua • ftammable lllbatancn •d material,. (No -10- .. ..,,· I· • 0 • 6. • • t• • .. recu)ation ii intended on the uJe ol flammable •ubstance• whieh a,e p,e,efl, pacbpd ACCORDING TO LAW.) (Comprehensive 1.oninc Ord. 1985) 1. All home occupation• llhaU be recilt.ered with the l>eputment of Comm-ity Development upan eompletian ol an impeetion ol the premiae• by the Deputment and Fire Diri•ion. (Comprehensive 1.oninc Ord. 1985; mncl.. Orel 63 Series 1990) Parkinc Area. When an R-2 Medium-Dimity Residence District abuta or ii acijacent 1D a B-2 Busineu Diltrict, the pmtion ol tbe lot acijacent tD the Buineu District may be aNd u a pertiinc -by any commercial establiabment to a depth of twenty-ftw (2S) .. if tbe followin( condition• are met: a. The parltinc area mmt be screened from tbe residential portion of the lot by am foot (6') opaque f-. Side yard fen-mmt also be provided to acreen 9'ijacent property. These fen-lhall also be •ill feet (6') in heieht acept that within tm feet (10') ol the rear property line, the fence, cannot eueed forty-two incbe• (42") in beicht or be te.. than fifty percent (~) open. b . The parkinc area must be of bard IIW'f'ace tD prevent the movement of dirt and debri• from tbe parkinc area onto the public rirbt-of- way. c . Parkinc stops must be placed in the parking area to prevent damage to the fence by vehicles. d . Provision• must be made for the collection of truh u per City ordinance. e . The final design of the parkinc area must be approved by tbe Director ol Community Devel.-nt or the appropriate desipee. f . No st.oraee of vehicles ii permitted and the lot i1 ID be used solely for the parkinc ol employees and cmtomen. g . No vehicln in aceu ol NVeD thomancl (7,000) pounds may be parked in the parkinc -· h. The minimum width of the parkinc .,. llhaU be fifty feet (50'). i . The Director ol Comm-ity Development may deny the 11N ol any lot u a parking area if tbe above provision• are not met or if condition, are unufe. The DiNCtor'• nalinc may be appealed ID the Board of Acijustment and Appeals. (Ord. 4 Series 1992) Sm:&ieo 6· The Enllewood City Council hereby approves rel.u.rinc and amendinc Title 16, Chapter 4, Sect.ion 7, Subeection C, Paragraph 13, Lettered and amendint SubNction• D, E, and F, of the Enclewood Municipal Code which shall read u follow1: -11 - • < .. I· • 0 '32xl • • • • C. • .. 18+7: B-S-Otl.P.S. IIEDIUII DEN81'1TJIIPBCW. P11B111T 8YB'l1CII BIIBIDDKZ D18'1"81Cn ,.. r C.13. -cl. E. Home Occupatian1. Om,petiom caat.oaarily incidental tD tbe principal -... ....we-whm rm:hrtd iD .. -dwellinc, provided that the followinc eaaditianl are aat: (1) 8aJea an the pnmiNI. 'Die ale• tbs,,_.. ,I-, item which bu not been made, pown. ......... -tbe pnmi-lhaD be pnhibited. (2) FINE AllTS S'n1DIO IN WHICH INBTllUCTION IS GIVEN IN FINE AllTS ft>ll GROUPS OP NOT IIOllE THAN ft>Ull (4) PBBSONB. (3) TUTOlllNG OP NOT IIOllE THAN ft>Ull (4) PERSONS AT ANY ONE TDIE. •><4) Salel .«the..--.. Selea .«the prmli-by the occupant aellinc bomebolcl pods IUch u tbcae producta .«erecl by Avon, Amway, Jl'uller Bnah, Watkin,, etc., lhall be permitted. CJ> CS> The occupation lhall i. opent.ecl in m entirety within tbe dwellinc unit and anly by tbe ~ or penon1 maintaininc a dwellinc unit therein. ~ (6) No Uliaantl lhaD be employed. "9 (7) The hours and manner ,I Illich .. and tbe naiae created thenby lhal1 not interfere with the ,-. quiet, w dipity of' the neipborhood and -UOininc paope,ties. (6) (8) The office • bale _,,.tion lhall nat ban a ..,..... outlicle mtnnce. ~ (9) Incidental ...... lhall be allowed for itnla _. an tbe premilel ancl/or aold .« the premilea. (8) (10) The office or oc,capatiaa, incluclinc ltonp ,I material,, equipment, inventory and/or aupplies, lhall not utiliae more than thne b...._.(300)...,.... feet; prowW. ....._, di& thil don not apply tD f'olter-f'amily care OR A DAY-CAllE HOIIE. <•> (11) A day-can home ft>R THB CARE ,t. w (1) • ,_. m childnn IN ACCOllDANCB W1TII STATE UCBNBING BBOULATIONB . .., IN ,. ill • • a 111•1 111 • 1 llaa Qe) •-rl 1hllrie ••*"• II D ....... r. ft a, willt a ..... liaia.i•• ., .... -·..., (l) ............ . ._..__.., • ..._....._(lll)a..11,ua, 12 ,; -. . , I . • 0 • • • " • ' .. CH-) (13) In no event shall any home occupation indude the followinr buaineu or commercial ac:tivit.iH OR EQUIPMENT OR SIMILAR TYPE OF BUSINESS OR ACTIVITY: CA) Animal holpital or kennel CB) Aaphalt pa'rins buaineu. CC) Barben, hairdreuen, coametolo,ilt.a or beauticians. CD) Body, mechanical repair or modification or motor vehicles. CE) The sale, st.orap, manufacture or UMlllbly or run•, knives or other weapons or ammunition other than for personal use. (F) Commercial h•lth care f'acilities. CG) Dump trucks. CH) Restaurants. ffi Towin, husine11. CJ) Wholesale or retail IIMI al any items on or tJII al the premises acludin, subeections (1) and (2) HEBBOF. (K) ~-involvinr the clilpenlina, -• nc,clinc of huardolll or flammable ~ AND MATERIALS. NO REGULATION IS INTENDED ON THE SALE OF FLAYIIABLE SUBSTANCES PACKAGED ACCORDING TO LAW. (Comprehensive 1.oniDc Ord. 1985) • 14. All home occupation• shall i. nsiateNd with the Department al Com- munity Development upon completion of an inspection al the premises by the Code Bnf-t DiYilion and the Fire Division. (Comprehensive 1.oninc Ord. 1985; und. Onl. 83 Series 1990) -M.15 . Conditional Uae . Provided the public iaterelt is Cully prat.eded and the ColJowinr uae ii approved by the Commiuion: a. SmaJJ child care -.ter with five (5) to twelve (12) children. •.16 . Undeveloped Lots. a . The owner al a builclinr lite ii required to cledicate that portion al the Jot which i1 requirecl for public ript-of'-way u shown on the Muter Street Plan before any buildinc permit will he illued on said lot. b. In no caae will a builclinr permit i. iuuecl for the conatruction al a ltnldure to i. built within the propoeed ript-of'-way, whether or not the ript-of'-way has been dedicated. · -13- ..... "' - • . - I. • 0 '32xl - • • • t• • ' -ii.17 . Family-Care UniL (To be conaidered a NCOndary re1idential UN 1D the principal residential UN.) a. One family-care unit shall be permitted in an exiltinc detached aincle-family dwelliq, or in a propoaed detached 1incle-family dwellinc; provided: (1) The aiatinc ltrw:ture i1 in c:aaf'ormance with all City Codes. (2) The family-care unit bu at least one pu1J wall and a com-roof with the detac:bed am,le-fami)y anit. (3) Either the detached •incle-family dwellinc or the f'amily- care unit ii owner-oeeupiecl. (4) The f'amily-c:are unit ii to be occupied by no more than one person . b. Additional requirements for a family-care unit. (1) Minimum floor area .......................... 320 square f'eet. (2) Mallimum floor area .......................... 450 square feet. (3) A small kitchen area containinc a kitchen link, a cookinc appliance, refripration t'acilitie1 and -r1unc .-3> inches in front al the appliancea, which in tiDtal does not uceecl 40 square feet in ana, may be m•int.ained. (4) No additional otr-atreet parkinc ii required. (5) Any addition ahould be barrier-free for ,..._, with bandic:apa or Jmit.ecl mability. (6) DNip review. A f'amily-c:are unit will be IUbject tD deaip review and lite plan reriew by the Planninc Division staff when any chanp i1 mede to the ut.erior al the structure. (7) Reei1tration. A family-care unit shall be Mlject tD yearly re,i1tration which ii flD be tiled with the Department of Community Development. ,l;.18. Other Provi1ion1 . ,. b . Protection Clause. If a person aeekinc till build an al:&acbed 1incle- fami)y project don not conform to the provision• al tma Seeaon. then the attached lincle-f'amily project will not be allowed by ript. No lltrueture or vehicle on the -• lot with the principal dwellinc shall be used ror residential purpoeea. c . Two (2) units must have at least -party wall and a eommon roof. -14- ' I' - • l • .. I . • 0 '32 x l D. • • • • - d . Liquefied petroleum pa inatallation1 shall be permjtted only for the purpoN of 1upplying fuel and for approved heatinc equipment. Tank, in eueu of five hundred (500) pllon1 (water capacity) will not be permitted in thi• 1.one District. Liquefied petrolewn ca• inatallatiou lhall conform to current Fire Code requirementa. e. Usable Open Space. Ref'er to lancbcapiac requi-..ta in the Landscape Ordinance, Section 16+ 18 of thia Title. Relative Policies, Desicn Criteria. '11le eleven (11) deaip criterion atatnaenta which follow are relative policies which either encourap or ctilcounp a coune of action when buildinc a project. '111e applicant lhall provide evidenee on the permit application showinc h-each deaip criterion will be ~ into the overall project delicn . Any development will be juclpd on how it meets with the followinc clnicn criteria. A development will have to pt an overan ICON of uro or above on the desip criterion policie1 before the project wiD be iuued a buildinc permit. 1. Pulive Solar. A project i1 ENCOURAGED 1D uae desip conatruction and landscaping technique• which will reduce heatinc and coolin, co1t1 . Examples are buildinp with 10lar orientation, me of deciduous trees on the south for shade in summer (but not on the north licle) and uainc ever,reen trees on the north for protection apinlt the wind, but not on the IOUth side of the lot which would block 10lar acceu. A project which don not me pa11ive solar techniques i1 DISCOURAGED. 2. Screenine of Off'-Street Parkin,. Off'-ltreet parkinc areu are ENCOURAGED 1D be covered, bermed, buft'ered, landscaped and maintained. 3 . Buildinc Scale. The 11C&le of a buildine (its heipt, bulk, setback and lot covera,e) i1 ENCOURAGED ID be compatible in 11C&le with neichborine buildinp which are in conformance with the minimum reculation1 of the Zonine Ordinance. A ac:ale which i1 incompatible with the neicbborin1 buildinp and with minimum requirements of the Comprehensive Zonine Ordinance i1 DISCOURAGED. 4 . Buildine Orientation. The lone ui1 of a buildinc ii ENCOURAGED ID have an eut/welt orientation. A buildinc with a lone ui1 oriented north/south i1 DISCOURAGED. 5 . Screenine. On new construction, acreeninc of fiud mechanical equip-,t, fi&ed l&orap areu, fi&ed truh ~In and nonresidential park.ins areu from the residents' view throuch the UN of berm,, fences, landllC&pinc, or other acceptable mean, i1 ENCOURAGED. 6. Open Space. Open apace on the lite i1 ENCOURAGED ID be creater than forty percent (4~) of the area. 7. Trees. A project i1 DISCOURAGED from removinc any uiltinc healthy trees on the buildin, lite and i1 ENCOURAGED 1D delip around Hi1tin1 healthy tree, or replace a tree if it i1 removed durinc construction of a project. -15- ...... ... I . • 0 '32xl • • 0 (• • ' 8 . Landscaping. Open apace within a project i1 ENCOURAGED tD be landscaped and maintained and provide for vi1ual amenities and tD create a pleasant environment for outdoor activities. 9 . Color. A project i1 ENCOURAGED to be painted an earth tone color. 10. Building Eirt.erior Desip. A project ii ENCOURAGED tD incorporate design which i1 compatible with acljacent buildings in term1 of color, material, tuture and fini1h. A project ii DISCOURAGED from incorporatmc design which ii not compatible with IAljacent buildings. 11. Architectural Style. Incompatible architectunl ttylel IUCh u podeaic domes, buement ltructurel which rise leu than one atory above ,round, and free.form ltructurel an DISCOURAGED in an area which i 1 conventional in architectural ttyle. However, if the area, because of itl topography, lend1 itself tD earth lhelter conltruction which conforms tD the Uniform Building Code, neptive pointa will not be aue1sed for an approved earth lhelter home. E. Procedure for Evaluating Building Permit Application•. 1 . The property owner 1hall make application with the Building Division by filling out a permit form provided by the City. 2 . The permit application lhall include a written statement with two (2) Nta of plans which indicate how each design criterion i1 to be incorporated into the proposed development. 3 . Upon receipt of the application, the Planninc Divi1ion ahall review the development plans for compliance with the abeolute HCt.ion of the R-2- C/S .P. S . 4 . If the planl comply with the ablolute Ndion, the Planninr Divi1ion 1hall review the written ltatementl and development planl for compliance with the eleven (11) design criterion atatementl. 5. Each desip criterion ltatement will be (l'lldecl by the Planninr ataff by their givin( a point value. See the acore lheet for the point value ranp. 6. Each acore for the eleven (11) ltatementl will added to obtain a point total. 7 . If the acore i1 a poaitive point value or sero, and all other NCtionl of die Zone District replations are in compliance, the Plannin1 Divilion ahall approve the buildinc permit application, u it. applin tD the aoninr criteria, by ligninr the permit application and drawin( the builclinc footprint on the Land Use Map. 8 . If the score is a neptive point value, the builclinc permit application, u it relate, tD the zoning requirement, lhall not be approved by the Plannin1 Division; however, the it.aft' ahall di1cua1 with the applicant chanp1 which could be made in order to receive a paalin( acore. 'nle applicant may make the neceaury correction• and resubmit the cornct.ecl plan1 for review. -16- ' " - • . ... I • • 0 • • • ... 9. When the plane have '-1 approved by the Planninc Divillion, the plane ehall be returned to the Buildinc Division for review by other City divisions and departmente for compliance with other applicable City Codes. F. The followinc i1 the Score Sheet to be used when reviewinc the buildinc permit application. 8CQBI ftHIBT Abe)ek 6ectieo CemaJitDCI Not Xu lia AeeJicibJc 1. Permitted Principal UN 2. Prohibited Use 3 . Minimum Lot Area for Permitted Uae __ 4 . Minimum Floor Area 5. Muimum Percent.Ip al Lot Coverap_ 6 . Minimum Frontqe of Lot 7. Maximum Buildinc Heipt 8 . Minimum Front Yard Setback 9 . Minimum Side Yard Setback 10. Minimum Rear Yard Setback 11. llinimum Ofl'-Street Parkins 12. Buildinc Material 13 . Permitted Acceleory UN A . Garape and Carporte. 1. Heicht 2. Front Setback 3. Side Setback ,. Rear Setback 5. lluimum Floor Are..__ 8 . If Garap i1 Beine Converted -17- . . • I •, I. • 0 f 32xl ] • • • ~ • ' <. 7. If ao, 11 There Adequate Oft'-Street Park.inc B. Storace Shed. 1. Not t.o EaoNd 1419-ll!O Square Feet 2. Located On e..r of LoL_ 3 . Heicht 4. Side Yard Setback 5 . Rear Yard Setback 14. Home Occupation in Compliance 15. Conditional Uae 16. Undeveloped Lota (Dedication of Richt-of-Way) 17 . Family-Care Unit J8 Other Provi1ion1 Beletixe Nicie, 1. 2 . 3. 4. SCORE 8BIII r<>B Ql,SIQN CVfflBle\ Puaive Solar Screeninc of Off'-Stnet Parkinc Buildinc Scale Buildinc Orientation Point Value Bua (-2/+2) (Ol+2) (-21+2) (-2/+2) 5. Sereenin1 ol Mechanical Equi.,_t (Ol+2) 6. 7 . 8 . 9 . Open Spue More than 40-. Tree Removal Additional Land1capin1 Earth Tone Colon -18 - (Ol+2) (-2/+2) (Ol+2) (Ol+2) ' Point Value 6eeint4 ,. - t' I I ' ,. • l • .. I . • 0 10. 11. • • • .. Building Exterior Design Architectural Style TOTAL SCORE (-2/+2) (-2/0) • Sec;tipn 7. The Englewood City Council hereby approvea renumberiq and -clinc Title 16, Chapter 4, Section 8, Sublec:tion 0, Pan,raph 6, of the Enclewood Municipal Code which 1hall read u follow1: 18+8: R-3, BIGB-DENSl'IY RBSD>ENCE D18'11UCI': 0. -4t. 7. Home occupation. Occupation• customarily incidental ID the principal use u a residence when conducted in the ume dwelling, provided that the following condition• are met: a. SalN on the premi1e1. The ule on the premi1e1 of any item which hu not been made, l"'wn, or prepared on the premiae1 ahall be prohibited. B. FINE ARTS STUDIO IN WHICH INSTRUCTION IS GIVEN IN FINE ARTS FOR GROUPS OF NOT MORE THAN FOUR (4) PERSONS. C. TUTORING OF NOT MORE THAN FOUR (4) PERSONS AT ANY ONE TIME. It. D. Sales off'the premises. SalN off'the premises by the occupant Nlling howehold pods such u tMN produda offend by Avon, Amway, Fuller Bruah, Watkins, etc., lhall be permitt.ed. e-. E. The occupation lhall be operated entirely within the dwellinc unit and only by the penon or penons maintaininc a dwellmc -it therein. il. F. No auiatantl lhall be employed. e-. G. The houn and -• of IIICh UN and the noile a'Nt.ed thereby lhall not interfere with the paaee, quiet • dipity of the neichborhood and Mijoininc propertiN. I-. H. The office or home occupation lhall not have a aeparat.e OGtlide entrance. c,. I. Incidental atorace lhall be allowed for items made on the premi1e1 and/or aold off' the premiNs. It. J. The office or occupation, includinc stonp of materials, equipment, inventory and/or auppU.., lhall not utiliu more than thne hundred (300) 1quare feet; provided, however, that thia don not apply tD foeter family care or a day care home. -19- .... . ' •' I . • 0 , • • • • i,,,, K. A day care home for the care fL e11e U) ta ,._ CU children IN ACCORDANCE WITH STATE lJCENSING REGULATIONS . .., lie pe••'-• • • h1me -,Mi1a. *"' 'Ae w .r eleeMie ., .. ,. ahall lie limiW ill ,,,..,, -ell • ..... limi'9ti111 •-_. e11e helF (1) he,ae,ue,, •Ii a, limcle -i• ,ue, lh,ee ...,_, (&'&) he,ae,ue,. L . THE HOME OCCUPATION CANNOT INCREASE TRAFFIC OR PARKING IN THE NEIGHBORHOOD. It-. M. In no event ahall any home occupation include the followinr buaineu ar commercial activities OR EQUIPMENT OR SIMILAR TYPE OF BUSINESS OR ACTMTY: Cl) Animal hoapital or kennel. (2) Alphalt pavinr or roof"lll( blaineu. (3) Barben, hairdre1aen, co-etolO(ieta OT beautician,. (4) Body, mechanical repair, or modification of motor vehiclea. (15) Theule, 1torqe, manufacture or auembly ofrun1, knives or other weapon• or ammunition other than for penonal me. (6) Commercial health care facilities. (7) Re1taurant1. (8) Towinr bo1ineu. (9) Wholesale OT retail ules fL any it.ems OD ar all the premise ucludinc aubMctiona a and b IIERBOF. (10) Procesaea involviq the dispensins, me ar recyclinc or huardoua or f1ammable 1ubltan.s and material,. No replation ii in&ended OD Iha ule ti flammable aubatance1 ..Weh .,. ,,.,..., pacbpd ACCORDING TO LAW . (Comprehensive Zoninr Onl. 11815) l . N. All home occupation• ahall be recilt.end with Iha Dlputment or Community Development upon -pletiOD ti an inspection ti Iha premian by the Code Enf'oreement Diviaion and Iha Fire Divi1ion . (Comprehensive Zoninr Ord. 1985; amd. Ord. 63 Serin 1990) -20- ..... • ... I. • 0 - • • • <. Sertim 8. '11te Enpwoocl City Council hereby approvea renumberin1 and amendin1 Title 16, Chapter 4, Section 9, Subeection M, Parap-aph 4, of lhe Enclewoocl Municipal Code which thall read u f'ollows: · lM-8: M.-+.-5. Home occapationa. Oeeupationa cuatomarily incidental to the principal me u a reaidmce when cmduct.ed in lhe ume dwellinc, provided M lhe f'ollowinc -dition1 an met: a. SaJn on the premi-. 'l1le ule on lhe premiNI of any item which hu not bNla made, pown, or prepared on the premi•• thall be prohibit.eel. B. PINE ARTS STUDIO IN WHICH INSTRUCTION JS GIVEN IN FINE ARTS POR GROUPS OF NOT MORE THAN POUR (4) PERSONS. C. TUTORING OF NOT MORE THAN POUR (4) PERSONS AT ANY ONE TIIIE. a D. SaJn off' the pnmiNI. 'l1le ule off the premiNI by the occupant 1ellinc household poda 1uch u tMa productl otf'encl by Avon, Amway, Fuller Bnub, Watkin1, etc., lhall be permitt.ed. •· E. '11te occupation lhall be oparatacl entirely within the dwellin1 unit and only by lhe ~ or .-r-1 -intainin1 a dwellin1 unit therein. 4'. F. No Uliatantl lhall be -ployN. •· G. '11tt hours and IUDD• of luda -and the noiM cnat.ed thereby lhall not int.erf'ere with .. ..... .... OI' dipity of .. neipborhood and aclioinial properties. ~ H. '11te office • home NC'areeiee lball not have a IIPlll'ate ou&lide entrance. S· I. Incidental ltonlp lhall be allowed f'OI' it.eml made on the premi1e1 and/or IOld olf' the premiN1. It . .J. '11te office or occ:upation, inchadias lt.orap of mawriala, eqnipmmt, inventory and/or 111PPlies. lhall not utiliu more than three hundnd (300) aquare feet; prorided, h-, that thil dNI not apply ID f'oat.er f'amily c:are or a day c:are h .. e. ~-K. A day care home f'or the c:an of -(1) • ,._ U) c:hildnn IN ACCORDANCE WITH STATB UCBNSING REGULATIONS . .., ................... 1111,11111. ~ 'Ille w II ,.._ie ••tera ah1l1 N liaiW ill ,e••, with • tetal liaitati• "-• -· hall (1) ..... ,. • .. • ........ •i• eo• lllree , .... , (WI) h•1111 :eu. -21- '' • • 0 , r r. '32xl • • • • L. THE HOME OCCUPATION CANNOT INCREASE TRAFFIC OR PARKING IN THE NEIGHBORHOOD . It-. M . In no event aball any home occupation include the followinc buainesa or commercial activities OR EQUIPMENT OR SIMILAR TYPE OF BUSINESS OR ACTMTY: (1) Animal ho1pital or kennel. (2) Asphalt pavinc or roofinc buaineu. (3) Barben, hairdreuen, co1metolopltl or beautician•. (4) Body, mechanical repair, or moclification of motor vehicles. (5) The Nie, ltorap, manufacture or .-bly fA pn1, knives or other weapon• or ammunition other than for penonal UH. (6) Commercial health care facilities. (7) Dump trucks. (8) Restaurants. (9) Towing bu1ine11 . (10) Wholesale or retail ula fA any ite1n1 on or off the premise excluclinc 1ublection1 a and b HEREOF. (11) Proca1in1 involvinc the di1pen1inc, uae or recyclinc of huardou1 or flammable subltancn and material,. No nau)ation1 ii int.mW on the ule • flammable subatance1 11hilh -,..,..., pacbpcl ACCORDING TO LAW . (Comprebmllive 7.oninc Ord. 1985) 4-. N . All h-occupation• aball be re,ilter..t with the D.panmmt of Community Developmmt upon completion • an inspection • the premi-by the Code Enforcement Division and tlle PiN Divi1ion. (Comprehensive 7.oninc Ord. 1985; amd. Ord. ea SeriN lllO) Sec&ioo 9 The EncJewood City Council hwtby approves amendiq Title II, a.pw 4, Section 19, Subeection 8, Parqraph E, • the Enclewood Municipal Code which lhall read a, follows : 1. Home Occupation Sip. Home occupation lip not -. than -....,. foot in area, which i1 aflbed to the bwlclina, and which ii ualipt.ed and unanimated . A HOME OCCUPATION SIGN SHALL NOT BE ALLOWED IN THE R-1-A DISTRICT. 22 ..... ,; I· • 0 - • . " • Srtioo 10 The penalty provision aft.he En,lewood Municipal Code Title 1, Chapter 4, Section 1, lhall apply to each and every violation oftbi1 Title. C.B. 50, Series ofl994 wu tabled and nferncl back to the BncJewood Plannin, and Zlninc Commission on the 21st day of November 191M. The £nclewood Planninc and ~ CommiNion held a Public Rearinc on th- proposecl amendments on April 18, 191Ni, reviewed and recommended the amendmenta. Introduced, read in full, and paued on tlnt readin1 on the 19th day June 1116. Pllblilhed u a Bill for an Ordinance on the 22nd day af June, 1996. Thomas J. Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk afthe City ofEnclewoocl, Colorado, hereby certify tbat the above and fonpinc is a true copy oL a Bill for an Ordinance, introducad, raad in full. and puaed on fint raadinc on the 19th day af June, 191Ni. -23- • l I . . 0 • • ,. . ~ • '· STAFF REPORT CASE NUMBER +N ZONING AMENDMENTS BOMJ OCCUPA'QQNS STAFF REPORT RE; Proposed amendment to the Comprehemiw Zoaina Ordinlnce -Home Occupllions. PAIi JO R CQNSIDQWj March 21, 199S DEPARTMENT Of COMMUNITY DEVELOPMENT AJ!ALXSIS; The followins are the three options that will be presented II the March 21, 199S public bearing regarding home occupations . Option 1: This option reftects the amendments u orisinallY approved by the Commission in 1993, in which the home occupations would be permitted in the R-1-A, and the home oc:cupation replatiom would be identical throuahout all residential districts . (Bold type indicates proposed additions.) Home Occupation. Occupations customarily incidental to the principal 1111 u a resi- dence when conducted in the ume dwellina, provided that the followins conditions are met : a. Sales on the premises. b. ( l) The sale on the premises of items which have been made, grown, or prepared on the premises shall be permitted. (2) The sale on the premises of any item which bas not been made, grown, or prepared on the premises shall be prolu"bited . (3) Flae ar11 ltlldio, ill wltidl hutncdoll ii pa la lllle ar1I for .... ,. of Mt awe tllaa roar (4) penoaa. (4) T•toriq ofaet aore tllaa fNr (4) penou at uy oae tiae Sales off the premises . Sales off the premises of aac:h items u penonal or boutehold aoods such u thoae products offered by Avon, Amway, FuDer Brush, Watkins, etc., shall be permitted . I . • 0 • • • t• • . . C. The oc:cupation lhal1 be operpeci entirely within the dwelling unit and only by the person or persons maintaining a dweDina unit therein. d. No usistantl lhal1 be employed . e. The boun and manner of u:h mes and the noile created thereby shall not interfere with the peace, quiet, or dignity of the neighborhood and adjoining properties . f. The otlice or home occupation shall not have a separate outside entrance. g. Incidental storap shall be allowed for items made on the premises and/or IOlcl ofrthe premiles . h. The office or oc:cupation, includina storage of materials. equipment, inventory and/or IUpplies, shall not utilize more than three lmndred (300) square feet ; provided. however, that this does not apply to foster-family care or a day-care home . · i. A ay-an lleae r.. die care .r dlldrea ill accorduce with State .................... j . In no evem lhlll any home occupation include the following business, com- men:ial aclivities -........ t: (1) Animal hotpital or aaael. (2) Aipbalt Pfflll bulinea . (3) Body, ntN lwal repair, or modifk:ation of motor wbidcs. (4) The sale, 1tonp. amadltnure or uaembly of auns, knives, or other wapom or .,,,.,,.mitioft other than for penonal use . (5) Commercial health care facitities . (6) Dump trucks . (7) Restaurants . (8) Towin& bulineu. (9) Wholesale or retail uaes of any items on or off of the premises excludina (a) and (b). 2 ·. • • .. I . • 0 'J2xl • • • t• • (10) Processes involving the dispensing, use or recycling of hazardous or flammable substances and materials . (No regulation is intended on the sale of flammable substances which are properly packaged.) k. All home occupations shall be reptered with the Department of Community Development upon completion of an inspection of the premises by the Department and the Fire Division. (Comprehensive Zoning Ord. 1985 ; amd. Ord . 63 Series 1990) Optioa 2: . This option would be the same u Option 1 for all Districts except for the R-1-A District. The R-1-A District would have a more restricted list of permitted home occupations, u follows : M. -S Rome Occupation. Occupations customarily incidental to tbe principal use u a residence when conducted in the same dwellin1, provided that tbe f0Dowia1 conditions are met: a. The occupation shaD be restricted to professional offices for which there is no contact with die clients., cutomen or tbe public at tbe location of tbe home occupation. b. The occupation shaD be operated eatirely witllia die dwelia1 unit and only by tile penon or penou aaiatalaia1 a dwelia1 ••it therein. c. No assistants shaD be •ployed. d. ne IIINn ud .... er .r IIICII ... ucll tile aoile created tlliereby slliall aot iaterfere witlli die peace, qaiet. or dlpity or die aeipborllood ucll adjoiaiq pnper1ieL e. ne office or lliome occapatiell lllal Ht uve a aeparate Htlide eatraaee. f. ne ocaapation sllaD aot adlile aere tllu dine lliudnd (JOO) 1qure feet; provided, howft'er, tut tllil dNs aot apply i. fosteN'aaly care. I· Al home occapatiou sllall be reptend witlt die Departaeat or Commanity Developaeat apoa aapledoa or u lmpectioa .r tile premises by die Departaeat ud tile Fin Divi1ioa. (C .. pnllieuive l.onin1 Ord. 191S; aad. Ord. 0 Seriel 1990) 3 .... "' - •. ' I . • 0 1 32 x l - • . ~ • '· r - Option 3: The final option would be to maintain the prohibition OD home ocaapations in the R.-1-A but to approve the propoaed unendmeat for ID other raideDrial districts. 4 •. I . . 0 • • • • • ·, • •, CITY OF ENGLEWOOD PLANNING AND ZONING CQMMISSION IN 1BE MATl'ER OF CASE 14-tlB ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS llELATING ) TO PROPOSFJ> AMF.NDMENTS TO 1BE ) COMPREHENSIVE ZONING OltDINANCE ) REGAltDING HOME OCCUPA 'DONS ) ) INITIATFJ>BY: ) ) ENGLEWOOD DEPARTMENT OF ) COMMUNITY DEVELOPMENT ) FINDINGS OF FACT AND CONCUJSIONS OF 1BE CD'Y PLANNING AND ZONING COMMISSION Commission members present: Shoop, Tobin, Weber, Dummer, Douglas, Garrett, Hor- ner, Mason Commission members absent: Redpath This matter was opened for re-hearing before the City Planning and Zoning Commission on March 21, 1995 in the City Council Chambers of Englewood City Hall. The hearing was closed, and discussion on the issue was continued to April 4, 1995. Testimony was received from staff and from members of the 11Mliaa. The Commission re- ceived the Notice of Public Hearing and the Slaff Report, and a letter from Marjorie L. Becker, which were incorporated into and made a part of the record of the Public Hearing. The proposed amendments were further discuued at the meetin& of the Commission on April 4, 1995, with the following members in attendance: Dummer, Homer, Redpadl, Shoop, To- bin, Weber, Douglas and Mason. Mr. Ganett was absent . After considering the statements of the witnesses, and ,eviewiq pertinent documents, the members of the City Planning and Zoning Commission made the followin& Findinp and Conclusions. ' I· • 0 f 32xl • •. 0 I • • FINDINGS OF FACT 1. TRAT the Re-Hearing on the remanded issue of proposed ordinance amendments per- taining to home occupations was initiated by the Department of Community Devel~ ment al the direction of the Englewood City Council. 2. TRA T the Notice of Public Hearin& was published in the F,nglcmpl llmld on March 2, 1995, and a notice was also published in the February-March, 1995 issue of the f.n&lewood CWml.. .. 3. TBA T Planning Administrator Harold Stitt testified to the nature of the proposed amendments to the Comprehensive 2.oning Ordinance, those bein& the sections of the Ordinance which address home occupations in raidential zone districts R-1-B, R-1-C, R-2, R-2-C, R-2-C SPS, R-3, and R-4. The proposed amendments will reflect current State regulations regarding some home occupations, and clarify the scope of some other home occupations allowed in those districts. 4. TIIA T Planning Administrator Stitt testified to the proposal to allow home occupations in the R-1-A Zone District, which uses have, heretofore, been prohibited within the boundaries of this zone district. The proposal was developed in response to inquiries received by staff from R-1-A District residents for permission to have home occupa-. tions. 5. TBA T Planning Administrator Stitt suuested three options for the consideration of the Commission in deliberating the issue of home occupations. 6. THAT Ms. Marjorie L. Becker, 644 F.ast Yale Place, offered testimony reprdin& home occupations, expressed her opinion that restrictions should be fair and equitable to citizens of all residential zone districts, cited businesses which she considers to be unobtrusive and businesses which are offensive no matter what residential district they are in. Ms. Becker testified that home occupations should not, in her opinion, &enerate more than one additional vehicle al any one time, that noise must be kept to a mini- mum, and that business-related vehicles shall not be parked on-street ovCffli&ht or • weekends . Ms. Becker had also submitted a letter which was distributed to members of the Commission prior to commencement of the Hearing. 7. TIIAT Mr. Chris Hoaglund, 3041 South Franklin, testified that he does not object to "invisible businesses". Mr. Hoaglund testified that no commercially-related vehicles should be parked on-street. I • • • 8. THAT Ms. Grace Pittman, 3165 West Pimlico Drive, testified to the difficulty of con- trollin& or removing home businesses once they have bqun. Ms. PitblWI cited a home beauty shop next door to her, an auto body shop, and a junk yud operatin& in her nei&hborhood, and testified to the traffic problems, paintin& fumes, and visual impact 0 2 • •• ..... '32xl • 9. • • such uses have on residents. Ms . Pittman also testified to the inefficiency of Code En- forcement efforts and inspectors. THAT Mr. A. C . Anderson, 3900 South Galapago, testified that he is categorically opposed to any changes in the R-1-A restrictions. Mr. Anderson expressed concern re- garding signage for home occupations, his dislike of sians posted on telephone poles advertising prage sales, cosmetic sales parties, etc. Mr . Anderson testified that the "enforcement has always been weak", and inquired why Code Enforcement Offic:en do not issue citations on "blatant violations", citing yards throupout the City filled with trash, junk cars, etc. Mr. Anderson expressed the opinion that calling to complain about a problem is "ratting" on neighbors. 10. THAT Mr. John Wilfley, 2885 South Ogden, testified in opposition to the proposed amendments. Mr. Wilfley testified that there appears to be DO pass-roots support for the proposed amendments, and specifically objected to any signage and on-street park- ing in conjunction with home occupations . 11. THAT Mr. Ray Ludwig, 2888 South Ogden, testified in opposition to the proposed amendments . Mr. Ludwig expressed concern that the proposed amendments will "eliminate" the R-1-A zone classification. Mr. Ludwig offered the opinion that the Chamber of Commerce will oppose home businesses which will have an unfair advan- tage over the "legitimate businessman". Mr. Ludwig testified that residential uses do not pay, via property taxes, for the municipal services that are rendered, and that the community needs to maintain a healthy business community as well as desirable resi- dential areas. 12. THAT Mr. R. J. Berlin, 2130 East Dartmouth Avenue, testified to his participation on city committees such as the Housinc Task Force, and that one of the &oals of that Task Force was to provide residential areas to aanct affluent youna families to the City . Mr. Berlin offered the opinion that the City cannot find, or do anythin& about, the "non-intrusive, invisible business", but that businenes of a commercial nature such u custom sewing in the home should not be allowed. Mr. Berlin testified that he does not want to see any signage advertising home occupations in windows or on properties, is opposed to on-sueet parking of business trucks or recreational vehicles, and that resi- dents of the R-1-A District are entitled to peace, quiet, and enjoyment of their homes. 13 . THAT Mr. Fred Tromley , 3104 South Vine Coun testified to the impact home occu- pations will have on property values if the proposed amendments are approved. Mr. Tromley is opposed to the proposed amendments. 14. THAT Mr . Dick Dittemore , 2239 East Floyd Place , testified to his familiarity with zoning issues by virtue of his service u a former County Attorney. Mr. Dittemore testified that the R-1 -A District is a "hospitable place to live·, arid that there is DO 1rus- roots movement to suppon the proposed amendments. 3 ' " - • . .. I . • 0 • • • • • , . • 15. THAT Ms. Sandra Kaplan , 2939 South Lafayette Drive, testified she is a painter by profession, does not maintain a studio in her home, and is not opposed to "invisible ac- tivity•, but does not want to see additional traffic and Jarae trucks invadinc the nei&h· borhood u a result of home occupations. Ms. Kaplan aprased her belief that "invisible businesses are acceplable", but that the ll·l·A restrictions should not be lib- eralized to allow odler fonns of home occupations, or to allow any lipa&e. 16. THAT Mr. Tom Slocum, 4665 South Huron, testified repnliJII an aisliq business across the street from bis home, and the disrupaon and undesirable effect Ibis bu on his quality of life. Mr. Slocum also lalified to the lack of enba=lnent and aaentioo to neipbmtloods, both by the Code Enforcement and Police penonnel, citiq I lllp truck which remained on-street for over three weeks without being moved. Mr. Slo- cum further testified to respomes he hu received from City penonnel when ~ complaints about the prqe business across the street, the revving of motors at all houn, and the vandalism that he has experienced on his property. 17. THAT Ms. Cathy Law, 3106 South Vine, testified that it appears the residents are op- posed to signs, cars, and obtrusive businesses, but do not object to the "invisible" busi- ness. Ms. Law suuested the possibility of new verbiage which will allow only unob- trusive businesses, but prohibit sisnqe and additional traffic . CONCLUSIONS 1. TBA T proper notice of the Public Hearin& WU published in the f.gglngpd Bmld on March 2, 1995, and public nolic:e WU also pven in the f.gglngpd Cilia, 2. THAT testimony wu received flOm Slaff and flOm members of the audience, wbic:b testimony is made put of the record of the Public ffeuina. 3. THAT written informalion, in the form of the Staff Report and wriam COllllll1lllica from Ms. Marjorie L . Becker, WIS received and inc:orponred into the record of the Public Hearin&, 4. s . TBA T opposition to the home occupation amendments concentrared on the p.opoiiid allowance of such in the ll-1-A District, specifically opponents testified apinst allow· ance of any sipqe and apinst any increase in the amount of traffic into and tluoup their residential neipborhoods. 1BA T no opposition WIS voiced, or written objection submiaed, to the propoiiid home occupations amendments in the remainin& residential zone districts. "' - • . .. •· • 0 1 a2 x l • • • t• - DECISION THEREFORE, it is the decision of the City Plannina and Zanin& Commiuion thal the Com- prehensive l.oning Ordinance be amended to permit very mtricled home occupllioas in die R- 1-A District, and to provide for unity and clarity on home occ11palioa1 permined in die R-1-B, R-1-C, R-2, R-2-C, R-2-C SPS, R-3 and R-' Zone Districls. 1bis decision wu reached upon a vote on a motion made at die meecina of die City Plannina and l.oain& Commission on April 4, 1995, by Mr. Muon, -.ntded by Mr. Bomer, which moaon stares: "The Plannin& Commission recommend to City Council that Option 12, which provides for restricled home occupations in R-1-A, and amends the existing home occupation provisions for the remainin& residential districts, be approved with the followin& additional amendments: " l. The home occupation cannot inaase traffic or have excessive cars pubd near the home. "2. No signage shall be permitted in the R-1-A Zone District for home occupations. "Amendment #1 shall apply to all residential zone districts.• The vote was called: AYES: Dummer, Homer, Redpath, Tobin, Weber, Muon NAYS: Shoop.Douglas ABSTAIN: None ABSENT: Garrett These Findings and Conclusions ue effective u of the meetiJ11 of April 4, 199S. BY ORDER OF THE CITY PLANNING AND ZONING COMMISSION s ..... "' -. ( •. .. I . . 0 '32xl • • • Date June 19, 1995 INITIATED BY Utilities Department • 0 I • • COUNCIL COMMUNICATION Agendaltam 11 afif Subject Purchase of Front Loader STAFF SOURCE Stewart H. Fonda, Director of Utilities COUNCIL GOAL AND PREVIOUS COUNCIL ACTION None. RECOMMENDED ACTION ,- • Council approval, by motion of the purdlaN rl a b6 wheel drive loader. Staff recormiends awarding the bid to the low bidder, Power Equipment Company, in the amount rl 182,570.00. BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIFIED The loader will be shared by the Distribution and Collection crews for pipe construction and replacement, main and point repairs, loading pipe bedding material and by the Purification Division for alum sludge stockpiling City Ditch repairs. The Department is replacing a backhoe, that is no longer wor1<ing and was sold at auction . The Department is replacing the backhoe with a loader because the division has two backhoes with only one loader. With another front loader, two crews will be completely equipped for any project. A front loader is also more efficient for transporting alum sludge. The Littleton/Englewood Wastewater Treatment Plllnl i1 also pwchaling an identical front loader with fork attachments. If their loader ii at the farm or being r9p&nd, the wastewater treatment plant will be able to borrow our loader and UN their attachments. Requests for Bid were sent to five vendors for a four wheel drive front loader. ·• ..... I· • 0 Four responses were received.: Homen Equipment Power Motive Wtqter Equipment Power Equipment Denver East Machinery FINANCIAL IMPACT • • ,, • <. $75,104.00 $72,222.00 $71,907.00 $60,545.00 NIA ,,, - «• ·' Power Equipment was the low bidder at $60,545.00. The final bid amcu1t is $62,570.00 due to the addition of L-3 radial tires for $740.00, the front diffel•ltial axle lock option for $1,020.00., beacon with bracket for $189.00 and a left side armrest for $78.00. The Utilities Department budgeted $55,000 in the 1995 Budget for this piece of equipment. In the 1995 Budget, $50,000 was allocated under #09-01-43211 for a McBroom piping extension, however, the project has been postponed until 1996. These funds are available for the $7,570.00 not budgeted for the loader. UST OF ATTACHMENTS Memo dated JLne 5, 1995 from Bill McCormick to Betty Goolnwl Memo dated June 1, 1995 from Pat White to Bill McConnic:k Bid Proposal Tabulation ' ' • . .. I . . 0 '32xl • • • I• • (, MEMORANDUM TO : BETTY GOOSMAN, . BUYER m """"1.. FROM: Bll.L McCORMICK, OPERATIONS SUPT . -UTil.. DATE : JUNE s. 1995 RE : TECHNICAL EVALUATION OF FRONT END LOADER BID I have reviewed the bids on the four wheel drive loader. After discussing options and alternatives with Jim Tallent, we have decided to purchase the Loader" A" package from Power Equipment . Jim Tallent is also purchuing this equipment which will give the divisions more versatility in operations . Pat White also reviewed the bids and added several options that he believed we needed, (see attached memo). With Pat White's recommendations and several additional items, the total bid will be $62,570.00. Price breakdown is as follows : Four Wheel Loader Spec . "A" L-3 Radial Tires Front Axle Differential Lock Beacon w/Bracket Left Sid Armrest TOTAL S60,S4S .OO 740.00 1,020 .00 189 .00 16.00 S62,S70 .00 .... "' I. • 0 I ::t? XI J • • • . . ' Memorandum To : F,.,_: /Jta: s.bj«t: Bill McCOfflfick. Opm,tions ~,-ndml Pat Wlti~. Flfft A.diMinislralor :tJ?li) 06/0Jl /995 Front LoatJ,r I would recommend that we award the bid to the lowest bidder, Power Equipment . They meet all of the requirements described in the minimmn speci&catiom in the request for bid. After exarnioarion of the loader in Loveland it appellf'I to be • well made rnacbine . I would recommend that we purcbue, above the bue price of the imcbioe, Michelin radial tires for an additional cost ofS740.00 and the &oat axle lock for $1,020 .00 . 1bis would bring the total cost of the machine, including parts and service manuals, to $62,570.00. If you need any further information or I can be of any assistance., pleue feel free to contact me . . ' .J .. I . . 0 f 32xl \ ~ • . .t . I ' . ./ • 0 / } • . ' • CITY OF ENGLEWOOD BID PROPOSAL TABULATION BID ITEMSIS) -Four Wheel Drive Loader (A) DA TE OPENED -May 1 7, 1995 NO BIDDER FOUR WHEEL OR. LOADER PARTS MANUAL SERVICE MANUAL TOTAL REMARKS 1 Honnen Equipment 7~ J t'lLI c.c. "341q(i ,.. ........ b&'S( . 2 Power Equipment ,_,.... .'~4 ,.--\)Oc...ur, C..~(' I - 3 PowerMotive •'7.1 .).la 0 " .{ '!:. C. o.1lc:.,l.."-d , 4 Denver East Machinery 5 Wagner Equipment ,.,, ~~l> r A--;--rr/Ll r I 6 7 • 8 9 10 11 12 13 14 15 16 17 18 19 20 - (• . ) -X N M ' ,.. .:.,!:I I • • • • t• • • ~~ ~~~DA FOR THE \ ~ '.t /~ REGULAR MEETING OF /~ THE ENGLEWOOD CITY COUNCIL JUNE 19, 1995 7:30 P.M. 1. Calltoorder. 1);3~ lnvocotlon . (J.//J'P-1 -eJ,., tlj.t, 2 . 3 . Pledge of Allegiance. ~ 4 . Roll Call. at(_ '1 /J 5. Minutes. Oft/?.fJ a . Minutes from the Regular City Council Meeting of June 5, 1995. /A)~ 6 . Scheduled Visitors . (Please limit your presentation to ten minutes.) g- 7 . Non-Scrtors. (Please limit your presentation to five minutes.) 8 . Communications, Proclamatians, and Appointments. ~IP~ A resolution ?'!J>f.~n!i~~ ~07ee~ Norden to the Englewood Housing Authority. /YW(/~ 9. 10 . Publi~one Scheduled) Connnt._.,,df?J?qj ~ ~ ,t I~ ~fo6 •. ApP<OYOonFkot-lng . ~~~"~ ·£1'....f i. Recommendation from the Utilities Department to adop~ f:>/ 1 ordinance approving the proposed Joint Funding Agreement with the r fl' U.S. Geological Survey for operation of a stream flow gage at South Platte River near Union Avenue . STAFF SOURCE: Stewart H. Fonda, Director of Udltln. •. ... I • • 0 f 32 x l City Councl Agenda June 19. 1995 Page2 b. • . ~ • • ii. Recommendation from the Wastewater Treatment Plant Supervisory Committee to approve, by motion, the purchase of a front end loader. Staff recommends awarding the contract to the low bidder. Power Equipment Company, in the amount of t89,300. STAFF SOURCE: Jim Tlllent, Operations Dlvlalon Manager. iii. Recommendation from the Department of Public Works to adopt a bill for an ordinance banning street hewkers in Englewood.· STAFF SOURCE: Charin Esterly, Director of Pubic Works. iv. Recommendation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with ua.tan for Santa Fe Ughting Enhancements. STAFF SOURCE: ~of Pubic Works. ecom dation from the Department of Public Works to adopt a bill for an ordinance approving an Intergovernmental Agreement with the Celcndo Department of TIW,ipuitllM for Santa Fe Lighting Enhancem,en~si ~~RCE: a.lea Eat9rly, Director of Public Works.~ vi. Recommendation from the Department of Administrative Services to adopt a resolution approving an amendment to the Collective Bargaining Contract with the Englewood Police Benefit Anociation for · 1998. STAFF SOURCE: Randle L. llel1hlome,;;;K10r -·---...1tf~'lTP _ -: I Approve on Second Rudi ~ / ~ ~ i. Council Bill No. 28, allowing for the appointment of Fire Division administrative positions outside the claaifled Nrvice of the career Nrvice system. ii. Council Bill No. 27. extending the current Cable Television System Permit on a month-to-month basis. iii. Council Bill No. 28, approving a Wastewater Transmission Agreement between South Arapahoe Sanitation District, Southgate Sanitation District, Arapahoe County, the City of Englewood, and Waste Management of Colorado, Inc. iv. Council Bill No. 29. approving an lntergovernmenta Agreement with the City of Thornton for rotomilling NrvicN in exchange for goods provided by Thornton. P'-MII: N,-hawa6111111y..a .... ..a.y.w.w---. ......... Cllr .. E I' 11,0INIJltll ....................................... ,... .. I • • 0 , City Council Agenda June 19. 1995 Page3 <. 11 . Ordinances, Resolutions, and Motions. a . ~q,o • • • b . Approve on Second Reading. ~7-oJJ., Kit~~' IA./(j.,. ~· ~? General Discussion . ~ l'J / }P 'f'V a. Mayor's Choice. 12. b. Council Members' Choice. 13. City Manager's Report. a. Redevelopment Report 14. City Attorney's Report . {J.' Adjournmen~ The following minutes were transmitted to Council from 08/03/95-08/15/96: • Englewood Parks and Recreation Commission meeting of May 11, 1996. • Englewood Liquor Licensing Authority meeting of May 17, 1996. Plwe naee: If,-haft• clNllillly wl MIii ..-.,Y aidl • _.., ..... MIiiy .. Cly_, E1!11aa_, (712-JJMII ....... "-' ........................ n.liyau . • ..... . . • . I· • 0 • • • • 0 • ... 5. (!~~1~~ . , ())If(& ~ ~ fJffrP1~0 . - "' - . . ' I . . 0 .• \ I f I• • '4f N "' -• 0 • ' . ' --·--- • • I· • - 0 ' ~ . f I • f) . ' ..... • . - • 0 I • • . . I . • 0 ' • 0 • ., • • c • ,,. - . . . I . • 0 - • . I 'I. ·• - • 0 • ,. - . . ... . -. I . • 0 ]- • • • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO Jue 19, 1995 I. Call to Onler The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7 :3S p.m. 2. The inwcation was gi\'CII by Council Member Wiggins. 3. J1Wae., Allql111ce The Pled,e w Allcgiuce was led by Mayor Burns . 4. IWIC.U Pn:scot : Council Members~. Waldman, Wiggins, Habcoicbt, Vormittag, Wagoocr, Burns Ablcnt: None A quorum was present. S. MiMta Also praent: City Mauaa' Cwt Allilul IO die City Mauaa' Grace City AUOnlCy Bratzman City Cleat Ellis Director Ellerly, Public Works Planning AdminiJlnltor Slitt Manager Slowe, 1..itt1etoa1Eng Wastewllcr Trcatmall Plant (a) COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES 01' THE REGULAR MJ:rl'ING 01' JUNE 5, 1995. Motion c:arriod. 6 . Aya: Council Members Hadlaway, Vormiaq, WigiM, Habcoicbt, Wagoocr, Waldman, Burns Nays : None Tbae MR DO~ viliton. ' ;-. . • .. I . • 0 I I 1- • • Enciewood City Council June 19, 1995 Pagel • 0 , . • (a) A resolution recommending Norlccn Norden for mippointmcnt to the Housing Authority for the City of Englewood, Colorado was considered. The resolution was assigned a number and read by title: RESOLUTION NO . 42 , SERIES OF 1995 A RESOLUTION RECOMMENDING NORLEEN NORDEN FOR REAPPOINTMENT TO 1lfE HOUSING AUTIIORITY FOR 11IE CITY OF ENGLEWOOD, COWRADO. COUNCll. MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM I (a) -RESOLUTION NO. 42, SERIES OF 1995. Ayes : Council Members Hathaway, Vormittag. Wiggins, Habenicht. Waggoner, Waldman, Bums Nays: Nooe Motion carried. 9 . r.blic Hearillc No public hearing was scheduled bdOR: Council . COUNCll. MEMSEll BA111AWAY MOYD. ANa IT WAS SECONDI.D, TO Al'PROVE CONSENT AGENDA l1'Dl5 M (a) (I) 11IIIIOUGII (w) ON '111ST HADING. MAYOR aURNS PIJu.aa ACDIIM ll'DI M (a)(-.) JIIOll 111E CONSENT AGENDA. COUNCll. MEMm IIATaAWAY ·--.. MOTION TO ll&QUl:ST Al'l'IIOVAL OI' CONSENT AGENDA l'IDII Mc.-. -flw) _. (w) ON nllST 11EA91NG. (i) COUNCD.. IIU. NO M , INTIIODUCED BY COUNCIL MEMBER HATHAWAY A BD..L FOR AN ORDINANCE AlffllOIUZING AN DIIDOOYERNMEKTAL AGREEMENT BETWEEN 1lfE UNITED STATES DfltAllDENT OF 1HE 001!RIOR OEOLOOICAL SURVEY AND 1lfE CITY OF ENGLEWOOD . COi .Qll 400 EHl11U!D "DEPAR'IMENI' OF 1lfE 1N11!1UOR GEOLOGICAL SURVEY JODrr FUNDINO AGREEMENT FOR WA11!R RESOURCES INVESTIGATIONS ." (ii) eotmlACT Wl11i POWER EQUIPMEKT COMPANY IN 1lfE AMOlMJ' OF $69 ,300 INCLUDING OPTIONS FOR 1lfE PUROIASE OF A FROllfT END LOADER. (iii) COUNCIL BD..L NO. 33, IN11lODUCED BY COUNCIL MEMBER HATHAWAY A BD..L FOR AN ORDINANCE AMENDING TTn.E 7, OIAP11!R 68, SECTION 6, OF 11IE ENGLEWOOD MUNICIPAL CODE 1915 REGARDING OBSTllUC'llNG HIOHWAYS AND PUBLIC PASSAGES . ' ..... ,,,_ •. I . • 0 • Englewood City Council Juae 19, 1995 Pacel <. • • • (iv) COUNCil. Bll.L NO . 31 , INTRODUCED BY COUNCil. MEMBER HA1HAWAY A Bll.L FOR AN ORDINANCE AUlliORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN nm CITY OF ENGLEWOOD, COLORADO AND mE CITY OF LITil.ETON, COLORADO Willi RESPECT TO 11IE FINANCING OF MEDIAN LIGHTING ENHANCEMENTS ALONG 11IE sourn SANTA FE CORRIDOR. (vi) RESOLUTION NO. 43, SERIES OF 199S "' - A RESOLUTION APPROVING mE WAGE AGREEMENT TO mE COLLECTIVE BARGAINING CON'raACT BETWEEN 11IE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND 11IE CITY OF ENGLEWOOD FOR nm PERIOD OF JANUARY I, 199S lHROUGH DECEMBER 31 , 1996 . Vote.-ltl: Motion carried. * * * * *10 (a)(v) Ayes : Council Memben Hathaway, Vonnittag, Wiggins, Habenicht, Waggoner, Waldman, Bums Nays : Nooe (v) Director Eslcrly pn:scntcd a recommendation from the Department of Public Works to adopl a bill for an ordinance authorizing an intergovernmental agreement bdween the State of Colorado Department of Transportation and the City of Englewood pertaining to the Santa Fe Corridor c,nhancements . Responding to Mayor Bums, Mr. Eltcrly llaled that the apeement addlales Englewood's reimbur--a to the State al Colorado for lighting and mediall mbePOelDC'llh, wbicb ere...,_. to the State's propoal.. Tbe CXJDtracl aarrently under CIODlidcnloa by Council pn,videl for a allllribulion from the cities to incralle the quality al appeanna: itellll oa Senta Fe . He said thal landscaping for the project will be acldra.l at lOIDC time in the fuluR with further funding n,quin,d. He aid 11111 landscaping will be put al the final phale al the Senta Fe projccts, lince it is tied to the ~iadennere lnick route, which wu bumped by the Belleview/Sula Fe CM1J1US projcc:t. Council Member Habenic:bt ubd if the City has had any 11UCCCS1 in altering the ICbedule ID 11111 the landscaping and N8V¥)/Windermere project can be done ooncurrent with the ocher phases. Mr. Eslcrly llatcd that the City has not yet indicated to the State that there is a problem with the ICbedule . He suggatcd it might be appropriate to approach the highway c::ommislioller and dislrict engineer during astudy~. Ms . Habenicht and Mayor Bums epecd that the matter sbould be pursued. Mayor Bums expn:IICd CXJDCCm that budgeting will be a problem by the time the final pbues of the projcct ere undertaken. Mr . Eslerly agreed that the rear is well-founded . He sugated lobbying our highway alllllDislioner prior to the end of the summer . Mayor Burns agreed. Changing the IUbjcct. Mayor Bums ubd for Mr. Eslerly '1 COIDIDCDII repnliag the King Soopen parking ltnleture and wbetber it is modular and can be die•P:mbled retber than~ or knoc:bd clown . Mr. Eslerly raponded that be ii not invohed iD thal project. ' ..... .... • . ... I . • 0 • • 0 I~ • ' En&Iewood City Council June 19, 1995 Paae4 Cily Manager Clark said he expects to receive information from Manager of Communily Services Blwnenthal regarding the King Soopers project, which he will relay to Council. Mayor Burns asked for further comments and questions regarding the Council Bill, and, hearing none, called for a motion . COUNCIL BILL NO. 32, INTRODUCED BY COUNCIL MEMBER HATHAWAY A BILL FOR AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN TIIE STATE OF COLORADO DEPARTMENT OF TRANSPORTATION AND TI1E CITY OF ENGLEWOOD, COLORADO PERTAINING TO TIIE SANT A FE CORRIDOR ENHANCEMENTS CONTRACT . COUNCU.. MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 10 (a) (v) -COUNCIL BU..L NO. 32. Ayes : Council Members Hathaway, Vonnittag, Wiggins, Habenicht. Waggoner, Waldman, Burns Nays : None Molioo carried. notes619 (v) Director Esterly presented a rccommendation from the Department of Public Works to adopt a bill for an ordinance authorizing an interpanmental agRICIIICllt belwccn the State of Colorado Department of Transportation and the Cily of Englewood pertaining to the Sanla Fe Corridor enhancements. Burns ... the question I had about the budgeting ...... .I nouccd that the total budgeting aatacbcd was about $790,000 .... wc had talked at our Tri.Cities meetings bcfOR wc were looking for a budget ohbout that amount. .. wc were talking between SOO and 7SO and so forth, ..... but maybe Alex could refresh me . Was the 7SO that wc were gunning for so to speak for a budgeL..wcre we talking about that in terms of being ... that portion of it all-State money or was that a combinalion of all COlllribulions by cities and lilale. Habenicht. ... my understanding that ... the pan we are talking in terms of landscaping was all state money . Burns ... that was my question . Was that ... so is this budget as far as landscaping in concerned less than what we were really Uying to get? ... "' - Esterly .... this still doesn't address the landlc:aping . Tbe landscaping is a further item to a,mc, With the conuacu with the State that require our panicipation in the project. ... requirement agreement with us to reimburse the State for upgrades to equipment that they would have propolCld to have illltallcd at a qualily lesser than we have asked for . Tbey would have put up plain aluminum poles ... wc have asked for painted poles and those lypeS of things . So that 's what this is specifically addressing. Additional funds in the range of a half a million dollars are still being talked about for landscaping .... landscaping projecU that are intended to be done at a later time ... at this point with no participation from any of the cities and that is a project that is tied with the Navajo/Windermere uuck route improYCments and this is all theomically the last project to occur on Santa Fe . Tbe latest thing I gueu that has happened with that, that I am pn:ay sure everyooe is aware of is that project was pushed back behind tbc BcUeview averpaas on Sanla Fe. Burns .... that is what we undcntand. ....... Esterly .... pn:viously it was ahead olthat. ' • - • . I • • 0 - • En&lewood City CCN1acil Juae 19, 1995 Pases (. • • • Bums .. .l guess wbcrc I got lluown ..... .l llOlice tbc ddail here doesn't seem to say landscaping, but in Exhibit A tbc description of a ?'rm there is landscaping on the third page .... so that is where I was getting a little a,nfuscd about. ... where we were with all this . But this budgeting is not for landscaping at all ... Eslerly ... this budgeting is for where they are looking for a contribution from tbc cities to increase the quality of appeanlllCIC items on Santa Fe . Habenicht.. .. have we bad any liUIXICII in altering that scbcdulc where this bas been pushed to the last project and to moving them up to being concurrent? Eslcrly .... we haven't indicated to the State Highway Department that we have any problem with their scbcdulc at this point in time . If we want to do that we can at the staff level at this point since they opened the last staff meeting that I attended with "we are not going to spend any more money than this and here is the schedule." It would need to be done at the political level and it might be the correct time next time wc have our highway commissioner in or perhaps the highway commissioner and the district engineer in ..... at one of our study sessions that would be a good time to talk with them about that. Habenicbt...your honor, I think that it would be a good idea to pursue that . Burns .... l think it would too . I think we are a little c::ooccmcd about that and that the landscaping portion and Windcnncre not fall too far behind hen:. for -fear that ancbow the budgeting may be a IQI problem by the time you finally get to it. Esterly .... I think that is a well founded fear . Bums ..... ycs . So we have to keep it in frOIII of their face I dliM ud keep pumillg it bec:aim it is ID easy to drop it olf Ill the end. So I think WC llbould do it. Do )'OIi ~ M1e11 WC ~ be aedillg witll .-body? Esterly .. .it is an item that we have periodically met witll badl die llipway commiaioeff wl llis dillricl eng;-ud it shows up a future study ICllioll topics. S-to -WC aay llaw act widt dlCa ill die last hlO years . We bad a lligbway COID!DillicNwr off Md • far awllile .... llllft ii a lildc tllllMc .-. OIIC ia 1111ft. TIie adler dling 11111 is FUii to be mmiltl 11p IICR IDO llcfoR IDO 111111 ii._ .......,. department pnl(lCII that is inltcad of tbc old county larilla ,__ lrill llc ....... .......,. • t1lc Clld oftbc mmmcr. And tbal will be anadler opportllllity to fDraally ICII -fDlliap llc a-...•~ It~ prublbly be p,d to~ CNlf lligbway com-·__, ill .-of ... a.-I~ C\'CIYOIIC die will have lolJbied him by tbc time dlae lllcarillc ... ID -it ii pnay a. ...... -... oftbinp tbal are already llartiag to ..... Bums ...... can WC actively pursue getting togdhcr with tllis iadividual a -a poailllc7 ... Eacrly .. .l - llUl'C.... Burm ......... why don't WC do dlat J>oua. .... explore MICll WC rip& llaw dlCa -by wl meet willl tbcm ud talk willl tbcm lboul this. Burns ..... doyou know isa ..... spcakiagfllSouda Sanla Fe ,....oy ... tbc papen-to say 11111 die paving OIi the north of Hampden OIi die Mil lide -.... to ... IDPdire lboul -······· Wiggins ..... they are paving .... Halhaway .... they are womng on it this IDOflWII. .. Wigina ..... they are paviq from E-IOIIIII towlldl die Easlcwood line tllcy were pavilla this aftcmooa . ' ...... "' - .. I . • 0 1 32xl - • Ell&lewood City Council Juae 19, 1995 Pqe6 • • • Bums ..... thcir schedule said they arc going IO stan on the 19th. ,~ Esterly .. .l didn 'I know the exact date they were starting ..... but it was SUppolC IO be ooming up real soon . Bums ... .I bad asked ..... this is a a,mpletcly diff"erait subject ..... but as long as you arc standing here. About the parting structure al King Soopen. There is indication between IOdays date and July 21st .. .I thought I saw ... that there would be work done on that . And I bad been told that it is modular that you can disassemble it, rather than destroying it or knocking it down. Esterly ... l'm currently not involved with that project al all . The parting structure is aeparate from the other buildings that arc around it. Clark ......... .I put in a request IO Jim's office IO get the information from King Soopen on bow that was going to work and I am not sure we got that back but we will check into it tomorrow and see where they arc at. I bcl~ it is on one of the Councils shon term requests. Bums .... any other questions anyone has on this par1icular c:ontnct or the lighting enbancements for South Santa Fe? Thank you Chuck .. .l appreciate it. Do we have motion IO ... COUNCIL BILL NO . 32, INTRODUCED BY COUNCIL MEMBER HA 1llA WAY A Bll.J. FOR AN ORDINANCE AUI1fORIZING AN IN'JcRGOVERNMENTAL AGREEMENT BETWEEN 1llE STATE OF COLORADO DEPAR1MENT OF TRANSPORTATION AND 1llE CITY OF ENGLEWOOD , COLORAOO PERTAINING TO 1llE SANTA FE CORRIDOR ENHANCEMENTS CONTitACT. COUNCll. MEMBER BA THAW A Y MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (v) -COUNCll. Bll.L NO. 32. Ayes: Counc:il Members Hathaway, Vormittag, Wigiu, Habcaicbt, Wagoner, Waldman, Buras Nays : None COUNCll. lUMBl:R HATHAWAY MOVED, AND IT WAS SIECONDll:D, TO APPROVlt CONSENT AGll:NDA ITDIS 11 (II) (I). 111ROUGB (h') ON SIECOND READING. (b) AppnM OIi Sccoad RadiDg (i) ORDINANCE NO . 25 , SERIES OF 1995 (COUNCIL BllJ.. NO. 26), IJlmtODUCED BY COUNCIL MEMBER HAlllA WAY AN ORDINANCE ESTABLISHING 1llE PERMANEJtirJ' APl'OWIMEm' OF SIX SAFE'JY SERVICES FIRE ADMINIS11lATIVE POSITIONS OlTTSIDE 1llE a..ASSIFIED SERVICE OF 1llE CAREER SERVICE SYSTEM . (ii) ORDINANCE NO . 26, SERIES OF 1995 (COUNCIL BllJ.. NO. 27), IJlmtOOUCED BY COUNCIL MEMBER HAlllA WAY AN ORDINANCE AIJ1llORIZING AN EX"reNSION OF 1llE CURRENT TELEVISION SYSTEM PERMIT. (iii) ORDINANCE NO. 27, SERIES OF 1995 ' .... • . I· • 0 • En&tewood City Couacil Jaae 19, 1995 Pase7 • • • • • AN ORDINANCE AlTl1tORlZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 11IE CITY OF ENGLEWOOD, COLORADO, SOUTH ARAPAHOE SANITATION DISTRICT, ARAPAHOE COUNTY BOARD OF COUNTY COMMISSIONERS , SOtrnlGATE SANITATION DISTRICT, WASTE MANAGEMENT OF COLORADO, INC., AND SOUTH ENGLEWOOD SANITATION DISTRICT NO . I, APPROVING 11IE TRANSMISSION OF WASTEWATER ORIGINATING AT 11-IE COUNTY LINE LANDFIU... (iv) ORDINANCE NO . 28, SERIES OF 1995 AN ORDINANCE AUTIK>RIZING AN INTERGOVERNMENTAL AGREEMENT BETWEEN 11IE CITY OF lllORNTON, COLORADO AND 11IE CITY OF ENGLEWOOD, COLORADO FOR AN EXCHANGE OF 11IE CITY OF ENGLEWOOD 'S RO'IOMIU.ING SERVICES TO 11IE CITY OF lllORNTON FOR SAND/SALT, HOT MIXED ASPHALT, OR CRUSHED AGGREGATE MATERIALS . Votenalts: Ayes: Cooncil Members Hathaway. Vormittag, Wiggins, Habenicht. Waggoner, Waldmall. Bums Nays: None Motion carried. 11 . Ordiauca, Raolutloa1 ud Motiou (1) Approve on First Reading (i) Planning Administrator Stitt presented a recommendation from the Board of Adjulbncllt and Appeals to approve, by motion. a home occupation use variance ........ you have before you IOlligbl u action to be taken as a result of a variance request that was submitted to the Board of ~mcnc and Appeals and this is an unusual situation because it applies to 111e variances and there is only one pn,visioo in the code that requira Council consideration of a variance and that is a use variance tbat oa:un in either the R-IA. R·IB or R·IC zone district. Such a request did come to the board OIi May 10th .. .it was a 111e variance request to substitute for an existing home occupalion another home oa:upalioa. Tbc cxillillg home cxx:upatioo was a cbild care. a day care home and die applicant was rcquclliDg a IIIC variance permit a maaicwillg busiaels. And Wider our onlinuce tbat is a prollibiled home CKXUpllioo IUICe wicurin& is COlllidcred to be aJlllldolo&y and die requirmleDII o( this wtioa o( die .... onlinuce in quatioa beR rcquiRS that the ... after die board of....,_... ud ...,cals CClllliden this caK the Council shalt rmew the R1C0111 and written dccisioa mdle board to delermiDe if die variance aimplia with die Rlqlliremcnls of this ordinance. And tbat ii wllll is bciR you this evening. Habaaiclll .... I have a quatioa. Is there anything in the daycare provisiOlls. liccllliaa-.. wbale\u, about MUii pa oa die ... in die PffllUlel or OD die PffllUlel while it ii a ~ a.-? beclue ii -dial lhc ii talking about WUling to pbale them in and have them both opcrlli111 a1 die ame ~ and I guca it raiaed -a,nccrn ia my mind if a daycare home would want to have. you ~ die little fluidl and things sitting uound for a muicuri• and Stitt .... she did dilcuss that ll the meeting and she would DO( be a>DdllCling the manicuring business, if it is approved. during the houn that she is opcrlling the daycare. In fact I think the State rcqui~ arc that you can't do that. Al a daycare home lhc CUDOt have uy employees. Thcrd'orc the number of children that she is caring for require her undivided lltcn&ion . Taking 15 or 20 minutes off to do -nails would DO( be permitted. Habenicht ..... It fdt really uncomfonable to me to have uy kind of plllllc in OD this. ' ...... • . I . • 0 \ ! I~ , • • • Enckwood City Council Juae 19, 1995 •••• • 0 • Stitt ... sbc indicated that she would do this in the evenings if she couldn't make the clean break from usc to the other but had to phase it, it would probably be in the evenings. But what she indicaled to me before she made her application was she was interested in malting the transition as soon as possible. Habcnicht....arc there other daycare homes that have other businesses within their homes at the same time even if there were al different limes of the day? Stitt ... .l don't know OF any. We require home occupations to be registered with the City and I am not aware of any. There arc probably some individuals that operate more than one home occupation. I suspect if there is a second home occupation for those families or individuals that have daycare, provide daycare ... that it is the type of business that would be more ofan office type usc so that it wouldn't interfere with the provision of childcare services. Waggoner .... there is nothing in here on hours of operation. Could she operate the manicure business any hours at all? All hours? Stitt .... the provisions in the home occupation arc that the requirements arc that the hours and manner of operation be such that it doesn't interfere with the peace, quiet and dignity of the neighborhood so my guess and again it is a guess is that her operation would be probably conducted between ... you know during rcqular business hours with perhaps a few clients in the evening I would imagine. Waggoner .... except she's not going to operate the maniaaring business the same time u she will operate daycare right? Stitt ... corrcct. Habenicht. ... Dan arc there any legal considerations or restrictions in terms of this concum:n1 usc in terms ofa licensed daycare home? Brotzman .... no . The ones that Mr . Stitt's explained arc the only ones . Waggoner ... ./ .... Bums ... can't tell the locatioo on the map . Stitt .... apparcnlly it didn't show up on this particular map . Her address is 431 East Girard, which is between Logan and Pennsylvania. It would be the northwest corner of Floyd ............... Waggoner ... .it would be the northwest comer of Pennsylvania and Girard is that where it is? . . . . Stitt .. .I believe that is the case . Bums .... thll is 1h11 white boU1e OIi the comer there. Across from Swedish Medical Caller. That the Housing Autbority rdlabed al CNIC U-. Vormittag ... she 's got 4 loU? ..... Stitt ... lhll is the way it shows on the CGunty property map . Waggoner ... would there be DIOR traffic ,cneraled by a manicure business than there would a daycare? Stitt .. .it dcpendl on bow you consider it. If she's caring for the maximum number o( cbiJdrm tbal the 11ate would licalae her for which wouid counting her own childrcn wouid be I ID she might havc u nwiy u five cbildrcn there. there could be S sepanae car trips in the morning and then in the ~ and early evening to pick the children up for a total ol 10 lets say . If she is doing maniaaring during the day she could havc approxilllllldy the ame number of trips, maybe DIOR maybe lea. She did DOI indicate that this wu going to be the type of business that one would find in a salon in a commen:ial area but she still is providing care for her own children at home ID she is DOI in a position I IUlpOC( to be able to clmlce the najority o( her time to the business al the expeme ol her children. Hathaway .... and she does have enough off-llnd parting Oii thll particular localioo becauae of the si7.c of her lot . She bu parking in the alley u well, does she not? ' • ...... - ... I • • 0 '32xl • Eaglewood City Council Juae 19, 1995 Page9 • 0 t• • Stitt -she has put in a slab for parking adjacent to the house . I don 'I know whether she did that in anticipation of this variance or whether she wanted to do that to make her daycare situation easier for the parents but in any event it is in. Hathaway ....... where docs she park her own vehicle? I think she parks her own vehicle in that slot from what I can tell. Still .... probably . Waldman ... .it seems to me like we are re-hearing the case and according to the way this reads I don 't think we arc suppose to be hearing the case .... just reviewing whether the board observed the rulings of the variance. So I think we arc getting a little bit off the subject here. Bums ....... you are probably right. Dan is that correct? .. . Brotzman ..... right. There are IO conditions that the Board of Adjustment and Appeals had to find since this was a use variance. What Council is doing is basically sitting as a appellate body to make sure that the Board reviewed each of the IO conditions, found that this applicant meets all of those IO conditions ... Hathaway ..... or doesn't. ..... Dan .... or doesn't In this case the Board approved. .... the Board said they met all IO conditions. Bums ..... do we just review the Findings of Fact? How do we know whether they met the 10 conditions? Brotzman ..... and that is right. That is what you arc going to do is review the Findings ofFact that the Board has. I believe you also have a copy of the minutes so you can review those as well . (Council looked over) Bums ...... Findings oCFact ... there are 17 of them including some n,cognitions ofsomc tatimony. Howdo we know what the IO are and how do we ..... Stitt. .. if I can explain how the Board operaies. The do not generally take each finding or each of the conditions i~ .... that need to be impoled to grant. variance ud make a specific finding to those . Generally all of them are addRUed in one way or anocher but in this cue there would not ncccssarily be only IO findings in here because there arc IO required by the Board to find. But they have to address such things • the fact that the public hearing was inillled by a specific applicant, that the polling ud the publicatioa were a>nducted properly, that specific individuals ICllified one: way or the Olher, ...... so they are often ud there generally are more findings than you migbl think IICCICIIIIIY, but it is all in the procedure that they use . Generally, if you look at the Findings in conjunction with the Slaff report ud the minutes whal you will find is generally all the conditions were discuucd . There were 10111C that are very stringent ud one in panicular the first finding under the use variance is specific ud often times is a fatal rcqui,anent for IIIOlit use variances because it says that this bas to be the only use that you can put the property to. However, in this case it does not apply in quite the same way because that is generally comtrued to apply tc principal uses . Residence is a principal use in R-1-C . A good example would be if you are interested in opening a grocery store in a single-family neighborhood ... you would have to be able to prove to the board that that structure that you intend to open as a grocery store cannot be used for any other use permitted in that zone district. So if it was an old house you would have to be able to prove that it is DO longer suilable as a residence or more suited or expressly suited to a CIOIIVCnience store . And in this CUC wbal WC are looking .. is not • princi ... IIIC but • lleCOIIClary or subordinate USC IO there is DO way that tCJChnically you aiulcl med that n,quin:mml but its intcnl was not, I believe. for home oa:upation silulliom. la fact if daycare were a prohibited -.c oa:upllioa there is DO way you aiulcl prove, bucd on that coeditica tllal it would be alloMd in I li11p family district. So the Boards feeling was that the impact ,-ralCld by I manicuriag busi-would be DO p'CIICr than those pDCnlled by I daycare home . And they toot into couidcralioa the fact that the 111C variance provisions are llilond towards principal ' ·• • ..... ..... •. I • • 0 • Ea&lewood City Council Juae 19, lffl Pace 10 ,,, -• 0 • uses and not aa:cssory or secondary uses. And then they addressed the other amditions about the least impactive type of variance, the minimal variance necessary . We made reference in the staffrcpon that at one point the planning commission had considered removing the prohibition on these types of uses . Thal will be coming before you later. Bui that prohibition has remained in the ra:ommcndation of the planning commission. Bui in any event the neighbors that presented testimony were merely conccrncd about perhaps the traffic and what type of business this would be. The conditions themselves, the S conditions for regular variance the board was fairly confident the applicant had addressed. The S conditions for a use variance arc somewhat more difficult for a layperson to explain ... so the board erred perhaps on the side of being more lenient, but understood that from a technical standpoint what they were doing was a little different that what the ordinance called for . Habcnicht. ... onc of the things that gives me ooocerns is when ever wc make a change or a shift in our mning ordinances or something like that and WC talk about ... you know WC will put in lhcrc looking OD it by a case-by-cue basis so that the neighbors who arc impacted will have an opportunity to review that....! guess I have some cliscomfon that the neighbors arc discomforted and .... .is it inappropriale for me to care about the phasing right? Brotzman ... yes. because you arc looking al do they meet thcsc same amditions. Now the neighbon arc entirely appropriate because that is one of the amditions of a straight variance is how it impacts the neighbors. ~Waggoner .. the variance if granted will not advcndy affect the adjacent propeny of the neighborhood". Brotzman ... that is right . Habcnicht ... that is a Finding mfact? Wagoncr .... no, lhats one o(tllc Findiap llley bave to make . I'm not SUR whcR they addressed it. Waldman ..... wcll it is not ncceaarily lhal the neighbors think that it will affect them. It's wbcthcr the board thiab that it will alhenly affccl them . I mean a neighbor can say I think it is going to be lerriblc, wbcn the Board decides no I don't thia it is ,oing 10 be that big of a deal . The whole point is you don't noc:csarily bave IO agree with the neighbors. althouah you weigh their opinions. Halhnay ... and lhcrc is only tali-,. from one neighbor too ..... Waldman .... one neighbor, one lc:ltcr .. utcmcnt. . . .It docsn 'I 1CC1D like that neighborllood is noc:csarily that much o( a rcsidcnlial neighborbood at this poinl. I mean her poinl is I am alraidy bringins can in to do my claycarc ..... I can only do one pcrDI It a time if sbcs doing nails ... How much -°' an impact is that going to be. II is DO clifl'crcot than if her friend comes _. to clriak co«c,c with her you know the same kind or the thing. The neighbors can get canied away with thinking it is ,oing to be a big CIOIIIICticl indullry or a big place that people will come to loiter or linger waiting to get their nails done but CIClllially one pcrDi al a time can be acrviccd in a businca like this and I don 'I know whctbcr that is ,oing to impact the neighborhood negatively to any great extent. Hathaway .... well and the fact she could have done it and not told anybody . You know you bave got to rcspcct the fact that she at least brought it to somccllody 's attention . Stitt ........ and I think the neighbors were more oonccrncd with puking and uaffic in gcncral rcpn1lcll o( what type business she -requesting the variance few . She could have been requesting a variance to cxpud her daycare IO additional chilclrcn ... to .. .I think the neipbon would be oonccrncd about the additional trafl"ac , uaffic in general so I am not SUR that the type o(~ -really the iauc that the neighbon were presenting bcf"orc the board . ...... .. I • • 0 I • 1.a&tewood City Council June 19, 199S Pace 11 • 0 , . • Habenicht...to make sure that I clearly understand this .. we would be approving the granting of a variance that would allow two occupalions to take place in this home? Stilt .... comet. Waldman .... or I guess lllOR: specifically we would be saying that the Board did not en in their findings of facts in any great substantial mdhod. I mean for the most pan the board observed the rules that they were required to meet which are meeting the 10 reasons for granting the variance and all we are saying is that they did no make any big mistakes in the granting of the variance. Bums ... yeh, .... we are really sitting like an appeals coun. We don 't try it all over again you know. . ... One comment about this not being much of a residential neighborhood ... remember the history of it is that Swedish bad attempted IO change that neigbborbood OYCr a period oCyears and_. got it aa:omplisbed and then gave up and essentially sold 22 siles in there to the Housing Authority from the Swedish Medical Foundatioo le\lCral years ago which were then either rebabcd or torn clown or new boulcs built and so forth and so the neighborhood has been regenerated as a residential neigbborbood and it is going to remain that way so it is indeed VCI)' much residential ..... so the question are the uses, you know, ... that we are talking about in some of these homes . Clark .... Harold as I understand it a>smetology is not permitted in this particular mning district and let me aak you this if this variance is granted docs this set prc,ccdence for similar use variances oC this nature in the futuR. Leis say like in this instance where basically there was not alot of opposition oC neighbors and the Baud bas appRMd it. And Ids say that this variance gets approved. What type oCprecedeoce docs this Cllablish for --in another neigbborbood in the future . Say I want to do manicure activities and Ids say thal neighborhood molts. I am a little aJDCel1led wbdher this can be precedeoce letliag becaulc if we grant this variancc bere in this particular instance and we have another person somewbere else in a resideDtia1 -throughout the city thal wants to do another manicurist opcratioa ... everything is equal, same type oC opention, ... are we then aetting -prc,ccdence to establish futuR variancc approvals in the future? Stitt .... no the 8olnl docs not openlC on precedent. In fact one oCthe Findiags thal the Chairman was careful to have ia the Findings was, the Chairman staled tbal the Baud considers each case on its own merit and ... there was a question about another variance for a bcauly parlor thal was granted in the 3400 block oC Saudi Downina and that is in a difrereot 1.0ne district dial did not require reporting to Cooncil ... Dul every case is lakca on its own merit. In fact I go to great leDgtbl to explain to applicants thal whctbcr a similar case was granlcd or denied bas no bearing on your variance, you have to make your case and med the CXlllditions and then the board rules accordingly . Clark .... but if--could lhow that they met the same CXllldilOIII as this one then would they be enlitled to the variancc? Stitt .... ifthe 8olnl delermines thal those CXlllditions have been met. yes. Clark .... and if the board delermines that the applicant can lhow that they are doin1 the same, followin& the -CXlllditions as this onerrm Stilt ... no ordinarily applic-aDII don't ,cnerally go back tbrouab the records to find limilar CWI, althou&b they are public records III they are a:nainly welaJmc to it, but in IIIOll caKS the applicant, unlea they are familiar witll thal plCVious case trea1 it just u I have dClcribcd, it is their caK ... apecific CDDditions and cin:ulDllaDClCI around their n,quaa that bavin& another cw appn,wd or denicd bas no bearina OIi their RlqUCll. It is concci\'lblc thal we could have a rub of requClll lhis way and if the bolnl determiaa dial they _. their criteria .... one oC the CX111CC111S I think you are uyiJll to exp,ea is thal they lie COlllillall in their rcwiw oC thelc uaes and I would u well as perbapl City Altorney Brauman be ClllllCa1lcd that they do ..... aialillellt. •. I. • 0 '32xl • • ED&lewood City Council June 19, 199!1 Pace 12 • 0 I • • Clark .... well the only question is that we general prohibit cosmetology within the residential mnes and my only conc:crn would be can wc aver a period of lime chisel away against that standard by granting this manicurist bcrc, ma)t,e a hairdresser lbcrc and then at some point in lime even if we can tapdancc around each individual case and avoid the prccedeot issue ... if we have got you know cosmetology type of activities going on bow does that square with the original tenant of the ordinance not to have those activities? Stitt ... well, you are right. that is a problem. One of the things that I pointed out in the staff' rq,ort is the original prohibition of these types of uses was based on the fact that the State lic:ensing Rquircments prohibited them in homes. Unfortunately, not long after wc adopted that standard the State changed their regulalions so that they do now permit tbosc in homes. And based on that. it was our feeling that since that was the ~ criteria by which wc chose to prohibit tbosc uses that maybe it was our ordinance that acalcd cllanging ... and I don't want to Ft illlO the ameadmeats to the home oa:upalion provisions, but kind ol lcadillg in lbal clirection .... the issue was ... do wc need to take a look at our regulations in light of current reality . And if the community says. you know through a public bearing or through input from public bearings or what not that that is a type of use that we don't want in any single family district or any residential district for that matter then what we need to do is make sure the board understands that that is the policy, that that is the regulations ..... Clark ... was lbcrc any attempt at the beginning to steer this applicant to maybe a mning amendment...in other words amend the home occupations regulations which would allow a manicurist as opposed to allowing them to come through the variance process and so forth and perhaps, inadvertantly, establish either A) a precedence or 8) one in a number of future activities related to the subjccl that could perhaps undermine the original intent of the ordinance... Or maybe I should cut to the chase and just say are we inadvertantly through granting a series of use varianc:a doing adboc lcgislation which is really in the power ol planning and l.oning and City Council? Stitt ... well ya and that is why the ._ Vllriucc criteria arc ID Iliff is becaa it _.. to a ra.oaing. Bul in this particular cue I have talbd witb this applicant probably two years qo and It that lime we were talking about amendments to the zoning onlinance that. ... our feeling It that poinl -that wc were going to ru:ommend that tbesc types ol Ulel be permitted. And WC llid .. .Jllll bold alf Ulllil WC Fl this amendment submitted to the Planning Commission and City Council for review before you attempt to do use variance and she finally decided that enough lime bad plSICd that she waDled to try the use variance approach. Bums .... any other questions? Waldman .... not a question. but one thing about the Board of AAljustmeal and Appeals is when they bear a cue OYCr and aver, similar tbiap like the height ia the ._.._,s lbal they did .... they have a lcndancy to refer it back to the Planning and Zoning for a change zoning or wbalcver it might need and sometimes it goes through and IOllldimes it doesn't . But I know from experience that the change iD the board of adjlllllllellt and appeals. the perDlality IOllldimes changes the opinions about certain issues. And ia this cue since they llC\'Cl' take the idea olpm:,edcncc into each individual cue .... I don't know if)'OU will-=r Ft a cue idenlical to Ibis one ... )'OU know, localion. amenities, a paved lol .. .l don't think there is really a precedence to be coosidercd in this case and again I don't know if this is the issue wc are trying to consider either. Burlll .... l think the point is lcplly you can't Clllblisb a pm:,edcncc. Tbe variance procedure does DOI allow for it. Habenicbt ... l'm not lUl'C if this should be entering our ditamioa or couidenlioll about this but we talbd willlia bodl the IXIIIIICil's pis and the city IIIUllpll pis• to impvviaa and upgndina our llouliDa IIOCk and I am jusl wondering arc we makina clecisiolll dllt arc CODlillcal witb our visioD Md is lbal an appn,prialc tbina to be considerina or not?. II tblt tbe -lbal we~ zoning or DOI? Alld I feel ' • ..... ,, _ ·- I. • 0 • E•&kwood City CCNaac:11 .J11ae 19, 199! PqelJ ' • 0 I• • very, very, very tom on this because my bean says yes, but my mind keeps jumping in and saying wc need to be real thoughtful what ii is wc arc doing and why . Thal is why I keep asking and I don 't fed clear and comfortable with any vote at this point . Waldman .... Harold, usually a variance goes with the property, but since this is a cosmetology WIC, which is a licensed occupation, wouldn't this be only going with the applicant only rather than the location? Stitt ..... not unless that was a specific finding or specific condition imposed by the board or in fact I suppose the Council could impose that condition. That discussion did come up under another use variance, I believe it might have been the one for the beauty shop al 3400 south clowning and the conclusion was that the likelihood of finding IOIIICIOIIC who wants to buy that house at some point in the furture who happens to be a CO&IIICtOlogist .. given the number of people looking for homes is probably fairly slim, not out of the realm of poaiblity ccrtaialy, but I think the chances arc fairly remote but as a safeguard there is a couple of things that Council can do ... that is make the variance run for the term that the applicant is a resident there and the other is perhaps if Habcnichts conc:em is the ovcrlac:k of the 2 uses, apcU out the transition in the request. Waldman ....... can we do that? Brotzmaa ....... ld me help. You can approve or deny this, that is all . Yes it would nice if you could add additional conditions ... ao ... this board is sitting as an appcllatc body only ICCing if they have met the 10 conditions .... and the answer is ... the Board of Adjustment and Appeals did not do that. Waldman ...... so it weighs with the property? Brotzmaa ..... right...it runs with the propcny . Waldman .... bow would the next owner, or two or three owncn down the line ~ tbal this variance weal with that property. Brotzmaa ..... the decision actually shows up in the Arapahoe County Clerk and Recorders n,conts. Stitt ... the decision will be recorded in this CUC becaUlc it is a -variance and daca if another property owner comes in and says I would like to opcralc a llomc ocapllioa and it happens to be maniauiaa and -.aiag tbal it is still a pn,bil,iled IIOme ocx:upalioa al dlll poial ill time, WC would ay that is fine became a variance was granted in 19 ... Waldman ....... bul it doan't sllow up oo the deed ... dlll is .. pan of the Slitt ..... .it would sllow up in the title eardl becaue it -W be n,corded apillll that property, but DOI ill the deed punay. Habenicht ... so the Board of~ and Appeals bclicw:I dlll lllis VWllllC if graaled will DOI advcnly affect the adjaoeat property of the acigllbarllood and dial the pn,pmed -is the least tnffic intensive WIC poaiblc which will permit some r-..blc .. of the property? Brotzmaa ... and tbal is wbal your decision is about ...... is 10 ddcnaiac fnn the filldiap and the milMllcl .. did they review that. did they make that finding. Habcnicbt ..... oby .... do I aJIICUI' that they have sllown this? Brotzman ... no . ' .. ,,,_ • .. I . • 0 '32xl • En&lewood City Council June 19, 1995 Page 14 Brotzman .... correct . Waldman .... ifthey considered it. Brotzman .. .if they considered the issue . Habcnicht....ifthey considered it. Okay . • 0 I • • COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE mE BOARD OF ADJUSTMENT AND APPEAU CASE NUMBER 5-95, HOME OCCUPATION USE VARIANCE -AGENDA ITEM 10 (a) (I). Ayes : Council Members Hathaway, Vormittag, Wiggins, Habenicht. Waggoner, Waldman, Burns Nays : None Motion carried. (ii) Planning Administnaor Stitt praented a m:ommendatioo from the department of Community Development to adopt a biU for an ordinance amending the C.Omprdiensive 1.oning Ordinance relative to Home Occupations and to schedule a date for a public hearing on this issuc ..... Stitt .... this issue has been around now for the better part of 2 years and rather than go through the cronology of when it first came up I will just go back to last novcmber, when at a public bearing C-ouncil directed that this be returned to the Planning Commission for additional review due to comments received at the Council public bearing that did not. where not made at the Planning C.Omrnission public bearing. So the Planning C.Ommission scheduled a public bearing on this matter and they wen: directed by Council to report back by June of I 995 and here we are. The issue that came up was the types of home occupations that should be permitted in the R-1-A and at the time that the Planning Commission held their hearing there were really no comments to lbal effect . Residents did show up at the C-ouncil public bearing and made their views known. So we went back and hued on the direction of Council advertised the public hearings as directed by Council and propoaed 4 possible actions for the Planning Commission to consider. the first one was to adopt and forward 10 Council for their action the amendments as originally proposed and I might just take a sccond to remind you that those where the amendments that would allow home occupations in the R-1-A just u they are permitted in the other residential districts and expand some of those uses to be more specific, add a little more teeth in terms of cnfon:cmcnt and be a bit more consistent with State regulations and the needs of the community. The second option was to amend the regulations u proposed except in the R-1-A district which would have a specific number and type of home occupations allowed . The third option would be to amend the regulations as originally propoaed and exclude any changes to the R-1-A . In other words home occupations would stiU be prohibited in the R-1-A zone district . And the final option-to not make any amendments to the home occupation regulatioas. After lestimoay and amidcnlioa by the Planning Commission they opCed for option number 2. And if I can direct you to the text of thole amendments in the sample ordinance, I would like to read a a,uplc of lCIIICDccs to give you an idea of cuctly wbat this means in tern. al the R-1-A on page 2 of the bill for ordinancc .. CM25 . .lt is under ICICtion I, R-1-A llinglc family dillrict . 1111)'1 under A. the home OCICUp8tion shall be reslricled to profcaional off'ICCI as defined under Englewood Municipal Code 16-8-1 which ii the definition IICICtion of the zoning ordinance and more importanlly B. there shall be no face to face contact with clients, customers or the public at the location of the home ocaqWioa . After that the requirements are exactly the same in all the other zone districts. IO what tbc Planning Commilsioa is approving is a modification, hopefully, a middle ground, where certain typc1 of home ocaqWioal will be permitted and it addresses the concern of traff"ic and the types of retail bulincua pcrbapl in the R-1-A . Bui it still docs provide for those types of bulineucs. Hathaway ..... Harold. docs that basically take into ~ or the Planning Commillion took into COlllidenlion all the testimony lhal they had lbal 11)'1 lhal they do not object 10 any ~ invisible business. ' • \ I I . ,. .. I • • 0 • Ea&iewood City Council Juae 19, 1995 Pace 15 • • • Stitt .... lhll was a difficult question, because what those folks were asking was for the Planning Commission and I guess ultimaldy the Council to tum a blind eye to all those businesses that arc cunmtly illcpl. And the Planning Commission bad a bani time with that The Planning Commission delermincd that ifwe arc going to have regulatioas on the types olt.llir:r we haw: to be comisaent. Now from a practical undpoint I am 111ft: a I am llallding here 1h11 tbcre arc home occupations in the R- 1-A. I aJUld DOC give you an lddrca, but I am willing to bet they arc out tbcre and the general way we enfon,e is on a complaint basis. So unleu we ,et a a,mplaillt from anc:body that says my neighbor or !IOIDl:body down the block is doing this Iha& or the other .. we have no way of knowing . And it is likely Iha& Iha& would go on even if tbcre were no cbanp II all made to the ordinance:. The problem is, if you as a policy say well we will kind of tum a blind eye to thole 1h11 exist because they arc DOC causing any problems you arc admitting lhll they exist and DOC enforcing the ordinance as it is written and I have a problem with that. Halhaway .. .l have a question for Dan 1h11 kirld of piggy backs on that. Is there a way to clarify the definition slightly to defermtialc betweea a home office and a home occupation? In other words a home offic,e, which I am assuming is what lllllll of dlCle people arc IXllllidering invisible, nonobstrusive t.llin n And home cxx:uplllions IUCII • paialcr, wbllever, operaled out of the home that does cause neighbood impact. Is there a way 10 do that? Brotzman .... and the answer is ........ . Halhaway ..... bccausc it is professional oa:upaaion you see. And I think that bas been, as I have dilamr:d with IOIIIC of dlCle people that came down and ICltificd that you will toleralc the perDI 1h11 does noching but operalC the compuler, buic:ally a "home office" type ofi-aa-, but you won't toleralc anc:body Iha& for example repairs can in bis prqc: you "-and you "-I don't clisagrce with you tbcre, but I aid as Council we sit here and ~ 1h11 they exist, jull likc Harold jull lUlal, but • bawa 't aime up with an e8'ectiw: way to deal with the fact lhll llley exill and ualea we really c:raak down on enforcement they arc still going 10 cxist reprdlea o{ what• do. Brotzman ... and the answer is there is noching in bcre 1h11 prohibits aD)'ODC from briaging work home and working on it. It is when you do DOC have any other loc:atioll 1h11 you do your work II. Halhaway .... lhll is what I am aating. Is tbcre a way todeferatillc. For example ifl-to run a publicatioll out of my home from my c:omputer and I don't have any other quocc unquolC office location, Bromnan ... then 1h11 would be a home occupalion. Halhaway .... right. But I am ayiag is tbcre a way III diartF dill 101IWbcre you can ddermliltc ~ lholc? Brotzman .... and the c:lolelt we have a,me 101h11 is probably in the R-1-A right now . Halhaway .... the professional occu .... Burns .... the professional ... bccaUle .... people who work II bome but work ilr IIIIIICOIIC die and UC axmec:ted by modem or IOIPCtbi111 to lheir office • appoNd to makiDa their owa livin& wida lheir own buliw II llome, DOC being axmec:ted 111111• 1wllae die, )W can't pick up a aapziae aay -widlout an anide OD home OCICUpllioM, apecially ~ wilh coapae,1. It ii jult at of die rap ...... Hadiaway ... ripl. ...... well -die people we liad dowa llleR dlll .-ifted la rra. of• 1111 ... liac we bad a p!llllic aeetina oa it llley aid well I doa't ... 1111 quy IIIIXl door ii,.... Imel..-:,• Ilia '-· I doa't miad dlll. dlll dlaa't badicr ae. 111111 doa't,........, ....... .._ .. la ay ' . ( ... I. • 0 , • • En&tewood City Council Juae 19, 1995 Pacet6 • 0 - neighborhood and that was even guys that were in R-1-A and that is where I think there is this wonderful little tenuous thing where well ych it is okay if my neighbor docs it but by God I want the City enforce it. And I think thats where we arc . Bums ... well there arc people like appraisers that work out of their home exclusively but of course they leave their premises to appraise something so they arc operating there busillCSli out of their home . Vormittag ... wcll I like number 2. Option number 2. Bums ... well our task tonight is to vote initial approval and schedule a public bearing. that is what we arc talking about here. Wqgoia .. .I think even. you know OIICIC you change the R-1-A l.OIIC and there arc acwral things in here that I don '1 think arc cnfon:able ... I don't know how you would ever prove incrcascd traffic or not unless you had -very 8IJOd lllatistics. I just think 011C1C ii is appnMd. home occupations in R-1-A zone, that is going to be very difficult to enforce even with this, the regulations as written. It just seems like its dctcrioratcd that R-1-A zone and I think thats what I got from listening to the people al the public bearing. Habenicht .... .I think that staff and the Commission have done an excellent job of addressing the issues, thats a lot ol work and I do think that the question that Rita raised is gennaine, it still has not been answered and I think she is right. And al the same time I would have to say that I have had a number of phone calls and visits from people in the R-1-A who arc expressing the same conc;cms that Kells is. I guess I will vote yes this time but I will be listening very carefully a1 the public hearing, because I think this is an extremely important decision that we arc making here . Wiggins ... ! agree with Kells also and I can give personal experience of the house on the back side of me, was sold recently and the people that moved in set up a floor repair maintenance business, they did ii al night lime, ii did not bother me but ii bothcn:d my neighbor next to them. And they called in a complaint to which a,dc cnforccmcnl got on lbcm and they give them IS days to cease and desist and they arc in the procas olrcsclling the house bccaUlc they still want to maintain their businca operation in an R-1-A. The house was sold 10 them, I don't know how the real Cll8le agent explained ii to them, wbcthcr they were aware, .... I know they were bccausc the real Cll8le agent brought the housc for her daughter who was married to or with the gendcmcn that bas the flooring business knowing full well be was going to run the business there. And they tried to run the busincss and I could ICC wbal -going on. I didn't make a complaint because I Slayc,d away from ii and tblOugh a,dc cnforccment have lbut them clowD, they arc trying to ac1I the housc . And I agree with Kells lbal once you open the door, you arc going to let them get in and I will go with Kells I will go apillll it. Bums ... I think these arc importanl i-MIO and I have aincerns all along cspccially if you have any kind ol foot traffic or traffic ol any kind acc:caiq tlleac rcsidenca, but I would votc for ii in order to have a public bcarin&, and have some more quCllioM about it, but I think we arc all ClOIICCIIICld about wbal we really arc allowing here ifwc do change the R-1-A - The City Clcrt was ukcd 10 read Council Bill No . 2S by tillc : COUNCIL BILL NO . 2S , INTRODUCED BY COUNCIL MEMBER HA11iAWAY A BILL FOR AN ORDINANCE AMENDING Tl11.E 16, CHAPTER 4, Of 1llE ENGLEWOOD MUNICIPAL CODE , 191S , REGARDING HOME OCCUPATIONS . COUNCB. MEMSER IIATIIAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) • COUNCU. aUL NO. 25. Aya: eo.cil Melllben Hadiany, Vonniaa&, Habeaicht, W.._, Burm ' ,,, - •. ... I . • 0 , • • • En&lewood City Council Jue: 19, 1995 Pace 17 • • ,~ • Nays : Council Membe1s Wiggins, Waggoner Motion carried. Hatbaway ..... what public hearing date? Ellis .... August 21st would allow notice of the hearing to be published in the Citizen and the Herald. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO SET A PUBLIC IIEARING CONCERNING HOME OCCUPATIONS IIOR AUGUST 21, 1995 AT 7:30 P.M. AT THE REGULAR CITY COUNCIL MEETING. Habcnicht... .. Rita did you take into consideration since this is such an extremely volatile issue ..... Hatbaway ... shcjust mentioned that they can get it in the Citizen and the Herald this way .. Habenicht. ... I was wondering too about alot of people on vacation, if it would be better to .... Hathaway .... they can llill submit a letter before then, at that point in time to be entered into the n:cord at the public hearing, that gives them allllOll 2 full months Habenicht ... good n:sponsc . Hatbaway ... that gives them ample time. Ellis .... thcre will be a citizen going out the first part of August and thats when it will go in the citizen, there will be a legal notice in the Herald the end of July . Motion carried. Ayes : Council Membcn Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Waldman, Burns Nays : None (iii) Manager Slowe praentcd I recommcndalion from the Utilities l>epanmcnt to approve, by motion, the purchuc of I four wheel clri~ fionl loader from Power Equipmcal Company in the amoune olS62,570.00. Cluk ...... nomwly this would be under COlllClll qcada, bul we pu& it under the regular agenda because the bid came in CMr the line ilrm budpt and we arc _ __..ina approval of this. S&afl' lqlOl1 would indicalc how this funding would be handled. Slowe ....... the 1995 budpt -Id al $55,000 lmDll ca lllc budpt alimale from -ol Ille bidden that lllpplicd I bid. wbcn that bidder IUbmiaed Ilia ial bid it -about $20,000 ower Ilia budpt atimatc of 1ut year, which is why the loader is ower budpt. The total-. being P'JQOfflmeaded ii ower the budpt by approximately $7,000. The funds for tbal arc IVlilalJlc in IDDlhcr project in Utilities tbal -·t be completed this year. The wet weather and m CIIICIIIClll pn,blcms haw fonlcd ,......ding of the Pipe rm McBroom Ditch and the funds from that pn,jc,ct will be available for the -. thal is CMr budget . Hatbaway .... is that advcncly impacting your budget in the long run, ower the whole year buically7 Slowe .... no . COUNCIL MEMBER HA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE THE PURCHASE OF A POUR WHEEL DRIVE FRONT LOADER ftOM POWER EQUIPMENT COMPANY IN THI AMOUNT OF S62,57t.ll. • .... ' • . .. I . • 0 \ I I;. . , • • En&lewood City Council June 19, 1995 PaceH • 0 I• • Ayes: Council Members Hathaway, Vonnittag, Wiggins, Habenicht, Waggoner, Waldman, Bums Nays: None Motion carried. (b) Approve on Second Reading There were no additional items submitted for approval on second reading. (See Agenda Item IO -Consent Agenda.) 12 . Geaeral DilCUIINIII (a) Mayor's Choice I . Mayor Burns requested that Council approve his trip lo CML . you have received from me a ~ budget for attendance at the CML annual conference. We discussed this in study session and I request your approval for the conference expenses a total of $816.40. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE mE BUDGET FOR MAYOR BURNS' A1TENDANCE AT THE CML CONFERENCE IN GRAND JUNCTION IN THE AMOUNT NOT TO EXCEED Sl16.40 Ayes: Council Members Hathaway, Vonnittag. Wiggins, Habenicht. Waggoner, Waldman, Burns Nays : None Motion carried. 2. Mayor Burns encouraged Council to offer special recognition to the ~ who assisted with the Oooded building ...... one other thing .. .I notiad on the front page of the administrative news was a Ii• of a number of names of~ that did yeoman service in working on the Oood damage we had here in the recent Oood and I would like to have 110111C special nx:ognitioo of them ... I lhink .... doug was there too but he said he cloesn '1 have to be ra:oginil.Cd. he happened to be in the building II the time. I don't "-what form that ought to lake but I thought Ibey did 111mc exceplioaal wort to be here , worked throughout the night I underswld. Wiggins ... would a lelter of thanks under your signaaure suffice? Burns ... that is fine with me. (b) Council Member's Choice ( i) Council Member Habenicht requested that Council approve her travel request 10 CML ......... .1 too have a budget lhal I distributed to Council for my attending the CML annual conference in grand junction. With a total amount of$876.40 and I would ask your approval COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE COUNCIL MEMBER HABENICHT'S EXPENSES FOR A1TENDANCE AT THE CML ANNUAL CONFERENCE IN GRAND JUNCTION IN AN AMOUNT NOT TO EXCEED Sl7U8 WITH THE ASSUMPTION TBA T THERE WILL BE A CHANCE TO TRY TO LOWER THOSE COSTS IF POSSIBLE AND THAT THE DIFnRENCE IN COST BETWEEN COUNCIL MEMBER HABENICHT'S AND MAYOR BURNS' IS BECAUSE or THE A 1TENDANCE or A DIFFERENT DA y AT A DIFnRENT SEMINAR or THE CONPERENCL Ayes : Council Members Hadlaway, Vormilllg, Wiginl. Habenicht. Waggoner, Waldman, Burns Nays : None Motion carried. ' I· • 0 • En&kwood City Council Juae 19, 1995 Paie 19 • • I• • (ii) Council Member Wiggins questioned the brown ailor in the water .... just one thing while Dennis is here. A couple of my neighbon have been asking, wc are finding early a.m. brown a,lor in our water over by belleview park, would you have any idea why lhal would oa:ur, .... just early a .m. it clears up immediately after that...anything Hushing or change or different al thal water planl in that area?'/ Stowe .... the only thing thal wc have been able to identify is thal with all the wet weather water use has remained really low . With the low water use ii is more rq,resentalive of what goes on in the winter time .... Wiggins .. .it lits for too long and it.... Stowe ... rigbt. and with that low WIier Ille and -water Ille picking up -expect -dirty water and WC have bad that occuring. Wiggins ..... have you had any a,mplaints at all? Stowe .... wc've had some aimplaints, not too many III far. It bas been preny loc:alized . We expect it to clear up in about the next week and if it doesn 't clear up in the next week the water dislribution crew will probably go through and Ousb the hydrants again to clean the system out (iii) Council Member Vormittag requested an update on the property at 4800 South Grant Street .... .I just have one thing. 4800 south grant again. He 's kind of slowed down on it, was working on it pretty good for 2 weeks, now it bas kind of died off.. He would like an update on where we are at with him. (iv) Council Member Hathaway requested a run down of a,st associated with the former Eagles property ................ .I would like to kind of get a run-down of the aists that wc have involved in both the property immediately adjacent to the inside aimer that the City owns and the property that was formerly the Eagles property . Obviously WC have had some maintcoaoce alStS iovolved in the course of ownership of those two properties and I would like to know what actual a,sts wc have in both tbo&e properties • both in the original purchase pric:a, negotiations, any maiolenance, any refwbisbmeot, anything that wc have done since then. I wouldjull like to know what they are worth and whether wc have any ioteotioo of aelliog them anytime in the -lilluR. Bums .... wc got a memo on that last year didn't we? Hathaway .. .l just wanl to bring it up to date. Clart ...... what was the ICICOlld property? Hathaway ..... the old Eagles property ... the other one immediaacly ~ to the iuidc aimer which is at the southwest comer of Englewood Putway and Broadway. (acnm from aoita's) 13 . City Muaaer'• Report (a) City Manager Clark rccommcnded that Council bold an Executive Seaioa at the next study session to discuss Cinderella City strategy .............. not much more to repon on Cindcrdla City , I would like to recommend to Council that next Monday night al our study -.ion I would like to have a half hour of your time in executive Raiolt to dilcua llnllqy OD this. Buically I am DOt really pleued with the progras wc are making OD this OD the oegotialiw with the various putica and wc are in the staff level with some of the people we WOil with 1111 the ouuidc we are takiq a bani look al it this .... week and this week and I may be wutio& to mcoe : d m dlanps in MF'ialina polhlre and would like to run thole by council next Monday nigbtJ ...... (c,qnaad ClOIICICIII ••••• ) ' ..... ,,, - ' ' • . ., I • • 0 I J E•&lewood City Couacll Juae 19, 199!1 Pqe20 14. City Attoney'1 Report . ' • • • <. (b) City Auomey Brotzman discuacd the policy on naming and renaming City parb .......... you should bave a a,py of an old policy on the naming and renaming« parks. My rccommcndalion is to lake that back to parks and rec . Is that acccplable to Couocilm Wiggins .. .l agree. Hadlaway .... lince I -the -dial brought dial up originally apiD jUII to kind «formalize lhinp and the fact dial wc aewr did uytllill& «loam plfflCIUlly llllde the fonaal polic:y oa it ... I tlliak it ouabl to ID tluoup the p,..-all -apill. I jUII Wlllled to Clllblilll a -dial dial is wlleR it llOllcl, thats wilele WC WIied to ID Md 1-W lib IO lliply _ __, dial WC take it back tluuup pans wl rec. 15 . Adjoa~ COUNCO. MEMBER HATHAWAY MOVED TO ADJOURN. The mecungaiijourned at 1:43 p.m. City Clerk ' • I • . I. • 0 ,_ _ -I ]- • • • .. J~LY 3, 1995 REGULAR CITY COUNCIL MEETING • • 0 I . . 0 , r 1:, 1 a2xl