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Home My WebLink About1995-08-21 (Regular) Meeting Agenda• • . • • . ' • • 0 • • REGULAR CITY COUNCIL MEETING AUGUST 21, 199S ORDINANCE t ~~ 4S, 46, 47, 48, 49, SO, Sl, S2, S3 R£S0LUTI0N I~ ~S9, 60, 61, 62, 63, 64 I . • 0 • '32 x l ~ ' !) I \. 11111 t, • • J t :j ~ i ~ f I • • • r ~ r ~ r" l 1 -! i 1 , 1 ;· 1 1 11 1 111 ~ l~ ~ i I I 'Ii ill l ~ i ,~ ~ Ii a,E f ( i .. .. ~ 1 • I I l .. t • . . u 1 i I 'I .. .. ~ i 1' I i( l 1t~is 1111 9 (99 'J~i i f s Ii ·E1U r"_i.11 fl i '11! f.J~·1 ~-,. ., 1 ! 1 r. I ,11, I r. t ' 'i i! l J!& 11 i f . ! P {I t 1!i . f t 1 ~, ~ l'i I ; t i . . ~ if I I ii i • r . (. 0 • r I . . . t . ~ , .. . l' . . ~ ' • • , ~ City C•acil Aepll 21, 1995 ••2 • • ,~ - Slated the list includes loitering of an apparcndy intoxicated penon. Mr. McElllllh Slated if somdJody is inloxicafcd in the bar they arc sent home. He fccls the U11C of profanity is bani to control. He questioned the definition of rowdiness and undue noise and asked at what point disturbances should be rq,oned. He Slated that if they rq,on every little inciclcnt it will CJ\'aloml the policlC dqJarUncat. Council Member Hathaway asked Mr. McElnlli if he bad bccn allllulled by City staff or the Liquor Licensing Alllhority rcpnling his views oe this pnipoed ~ bill before it -ew:r pnipoed. Mr. McElnlli llaled thcy naiwd a Ida wbicb iJldicalcd this -u onliaaace tlley -CXlllliclcring paling ill the City. In ~ to Council Member Vormiaag. Mr. Mc:Elllllh staled dull since his wife tom ova' the Wutz It Lounge in December then: have bccn no brawls inside the bar. He llaled there 1111\'c been va1Jal c1isbnuccs dull thcy havc -..f to diffiasc and in one illllance two putics IOI into it OUlsidc the bar, after thcy wen: asked to lcavc, .... he c:allcd the polic,c. c:ouna1 Member Vonnittag asked ifhe nccdcd to be told to call the police. Mr. Mc:Elllllh staed he did nol -S IO be told and will c:all the policlC when nca:ssa,y, but nol when he feels it is unncccssaiy . (b) Robelt Condreay llaled his wife owns the Englcnool< Lounge and he wanlCd to add to Mr. McElralh 's QIIDIDallS dull this pnipoed onlinwz will only tic up the policlC unncccssarily . (c) Linda Serio. owner of the CamaJ Lounge. staled sbc undcnlands the intml of the pnipoed CXJUDCil bill is IO make the liquor c:stlblishlDl"ds amune respomillility for calling the polic,c when needed. She staled she be1icYcs the policlC aic c:allcd in without a law requiring it. She objeclCd to the CXJUDCil bill as it will rcquiR the lic:mlca IO rq,on suclt things as prafanity, which can mean if someone uses the wont damn the policlC will havc to be c:allcd ill. Ms. Saio llaled she docs no1 ...... to be a pest IO the policlC clcpanmmt as thcy have bccn WOlldcrful to wort with. She stated when they call regarding a distwbancc the policlC clcpanmmt is there within t1ua: to me mi11111es. She nolcd dull her cmployccs. under this ordinuclc. -.Id nol havc the righl to II)' IO allll a dislurbaDtc as thcy -.Id have to c:all the policc. Ms. Serio rcilCIIICd dial sbc ~ the inlcnt of this COIIDCil bill but feds this is going a little bit CM:ltlolnl. Council Mcmla Habcaiclll asbd if Ms. Serio -gi\'CII Ille oppomaity to pn,ride ..... Ille pnipoed onliaaace. Ms. Serio staled* ..... wida .... tallal to DinlClor Al SIMiey .... CllicfBab Moore . SIie llaled sllc lad Ulplll illlO Ille--. of Ille finl dnft. .. ~ to c-:il Mcallu Hldmway, Ms. Serio llaled .... * Im lad ., cmlllCI wida aaallcrs of Ille Liqllor Laasillg Alllllorily . c-:il Mc:lllbcr Vonaialg asbd if aay of lier illpUl is rdlcclad ill dais ........ ~ bill. Ms. Serio staled .......... Acllaapd. Ms. Scrio 's......., JoM Serio, llalcd dial lie is a R:Ciffld 6-ad is -a to Filll • w.-.,, c:alls . Mr. Saio OIIIII CS d 11111 dais pnipoed aJUDCil bill will aalc a lilllllioa MICftby Ille policlC will be mponding to calls dial arc : a1iy. He asked lhal Ille~ bill be -spocific as III wllll needs to be rcponed. (d) Serafin Gan:ia staled llis wife -Ille Mapel laa wl .... wida MC C IS aadc by Mr. McElralh, Mr. Condlay, Ms. Serio and Mr . Serio. He added .... be .-Id fad Iller iftllc polic,c aic llleR to -the c:all MICll lie Rally docs -S tllcll aad dlll Ille policlC will havc a uni 1iae answering all the c:alls 11111 will be ,-ralcd by this law. (C) Bill Anpkilcs. OMICr of Anp's al 3166 Solllli BroadMy, llalcd lie feds lhal C¥Cl)'CIIIC is bcrc bccaUlc Ibey aic aJIICCnlcd lboul their liquor licew bcillg Wlf ilDII or -«*al for a pnib1ca lhal ' ,-:-------......................... -.... . -•. II - • . ' I . • 0 • • 0 • Eapwood City C.IICil A•,:u• 21, 199!1 Pa~l may DOI be a problem. He feels they all call the policle wllea there is a problem. He expn:sscd concern that some issues in the proposed council bill an: really bani to control, i .e . loud noise, profanity. Responding to Council Member Habcnidlt, Mr. Arapkilcs said the main concern is the profanity issue. Council Member Waldman noted Mr. Arapltilcs also mentioned undue noise. Council Member Hathaway asked if Mr. Arapkilcs feels, as the holder of a liquor lia:nsc, that this is one of the most rcgulaled industries around and if he feels this is undue lcgislalion on the pan of the City. Mr. Arapkilcs staled he does not. lhll there should be n:placioas on pc,oplc who IICl'\'C or ICII alaihol. He cxprcsscd concern thal this propmm law will open it up to wbcR you c:an a,mc: into a liquor Cl1ablisbmalt .. any time and find • violalioa. Council Member Hathaway asked if he has any ..,...;.s othcr tlrm to climillale the profallity. Mr. Arapkilcs exprcacd concern lhll the liCCIIICIC will be cbarpd with lqlOl1ing. iewdiwly, uy ..a-tut or clisordcrty ooaduct. He staled he has problems in bis CSlablishmcnt which he has been able to diffUlc by calming people down. Mr. Arapkilcs stated that there is a tallOII wlay they regulate who ,cu a liquor lia:nsc and if they cannoc undenland right from wrong then they should DOI have a liccnsc. (I) Tom Chesher, a member and Games Manqcr of VFW 322, stated they have a unique problem in that they rent out to wedding parties and DOI all family members get along with each othcr. During the rec:eplioo. he nolcd, there will be some profanity and rowdiness. He asked for the dc:finition of undue noise and smell. Council Member Waldman clarified that the proposed council bill does not address smell, that it refers to "clistwtiuccs or activity o«casive to thc 11e1111CS ofthe avaqc citizen.ft He acknowledged it is probably very difficult to inlcrprd what is oll'cnsive to the avenge citizen, who is thc avenge citizen and what is profanity. Council Member Vonnittag asked how many fights they have at the VFW. Mr. Chesher staled inciclcnts during wedding ra:qllioas have been con&rollcd by the VFW, without policle assisaancc. (g) Pl:tcr Mccrsman, Excculivc Director of the Colorado Ralawanl Associalion, stated be hoped Council rc"1Civcd his leacr ooncerning the propmm ordinance. He ratcnllcd his opinion thal passing this law, whicb requires rq,orting of rdllivdy minor offcmcs with penalties as stric1 as having your liccnle ~ is 1111111111d public policy. He noted it is like being given a life ICllleace for jay ,nlking. Mr . Mccnmaa stated lhll he uadcnlallds the illlall is to lqlOfl dilbullaDccs thal Fl OUI of hand, but be asked wlly its ~ to lqlOfl tllinp unless thcy do Fl OUI of band. He fcclc thal the fact lhll other cities llaYc pamlll similar.-does not make this ordinance any more palaublc. It just mcaas. he oommcnled thal othcr cities llave very w punishmcncs for rdalndy minor aJdc violalioas and just bccall8C they do .. Cllfan::c llleir law docs .. make it. 11111d law. He CIICIOlll'a,ed Council to pace somdhing thal busillCSI -c:an OOlllply with and thal is cafora:able. Mr. Mccnman staled Ille spoke witb Dinx:IOr Slaaie)' ud City Aaoney Brauman following tlllc .... of this onliaancc OIi fln1 reading and they agrc,cd thal tlllc illlall of this onliaancc jc to lqlOfl tJOublc: to the policle . He staled bis qucslion is if rq,ortill& fighls or clishu1-c:a is MIil you ....... wlly DIii Mite thc ordinance thal way and lcavc the othcr things for thc business owners to lludlc thauclvcs. (h) Kdly Maloney, rcpraealiag the Blact Eyed Pa Rcscaurant al Bruadny and Bdlcvicw. staled she feels it is critical to address thc ismc thal this onliaucc is ping to impact business OMICni other than the tavern and bu owners. Sbc staled thcy llave thirteen ralaUralll loc:alioas in Colorado with a,'ClllgC liquor sales of tlucc to four pcrtclll per unit. Ms. Maloney advised thal this is not a ~ maker for them bul is provided as a convcnicncc to the aJIICUIIICl'C and gua:ts. She DOtcd that the Blact Eyed Pa Rcsuurants have l'IC\'CI' bad to aJlllad thc policle for any type of drualr.cn iDCidelll . Sbc staled lhll the propmm ordinance goes beyond 11'hat is~ to do busincsc in a rcsponcible manner. Sbc explaiaed that the liquor aJdc jc very specific rcpnliDg MIii jc imporlaDI. raponsiblc ud ftlqUind ill laal of. .. -• • ' " - I· • 0 • • • • • • 1:11~ City C•IICil Allplt 21. lffl .. , business owner. Ms. Maloney noted they <XJUld. polallially, ~ dleir liqmw liccuc pulled for a situation such as swearing . She 8*cd for a ddillitioa of o«aisivc. (i) Jim Bok, OMICl"ofdle Full Haas Barr '272 Solllla Bnladway .... cc1 the main point is thal liqla" ticeru1ccs must OOIIIRII their busi-aad .. Ila,: Ill-'-OIII die door. He IIOlcd tber-e UC 1101DC ft'ncrs that do DOC aJ111nJ1 tJ1Cir ..--, a.--dnap die S)°*a tliey can be dealt with, i .e . througll die rcaewal pn,cea. He feds dial ID mt die mjorily ofdle-. dial mmply alrady, is DOC fair . (j) Bill Clayloa. 9SI Eaa Condi. IIIIDd llc Ills beea ill die~.,__ appn,xiWly 2S ,-s. •a......-aad W'af .-W-aad Nn ud--S ia a varidy of food leMClC -· He iaaillded c-:il dial dais is die llillllpilalily illlllllby. Ptq,lc -IO FCl1mnll&s or bus --tlley -uppy, c:ddnlillg, ad, dlcir .. died, their wife left dlca ... for. llllaldrecl cliffcrml -· He advi8Dd dlll a pod ICIINUlear or Nr apenmr willS dan by providing ho&pitality ud OIi oa:asion they .. upld. Mr. Clayton IIOlcd dial die --fipl lie ---when the C-oMloys ~ the Broncos ud ii -in a aiffcc shop and tllcy WCR ~ng tables M each other. Nabnlly, lie advised, tlley called die police and most bar owners will c:all the police when a situation p out of hand. Bui tllcy should DOC be the policeman of IIICidy . He questioned the ddinition of rowdiness and what is aJllsidcrcd offcmM. The pnlpOICld onlinuce, be .a.cd, is ambiguous and if be were a bar OMICI" lie 1l'Oldcl lqlOl1 -,ything radlcr than risk losing • liquor license. Mayor Burm IIOICld thal tllis 11111tCr wl be addrallcd by Council under the Consent A,cnda (10 (b) (iii) and can be pulled for lpCICial aJlllidenlioll by Council. 8 . cc•,--,~-•ieee-.P1•l-rd-eaNA.f,1J111 HII (a) COUNCIL MI.MSER HATHAWAY MOVED, AND IT WAS SECONDED, TO ACCI.PT WITH REGRET CAIIL WEI.KER'S LI.Tl'ER OP RESIGNATION FROM TRI. aGARD OP ADJtJSTMI.NT AND Al'PEALS. Ayes : Couacil McmllCl"s Hadinay, Vormiaag, Wiggins. Habenicht, Wagoner, Waldaan. Buns Nays: None 9 .......... COUNCIL MEMSER BATBAWA Y MOVED, AND IT WAS SECONDED, TO OPEN TRI. PUSLIC Bl.ARING TO lll.CEIVE CITIUN INPUT ON AIRNDIIUNTS TO THE 1.NGLI.WOOD MUNICIPAL CODI. RI.IA11VE TO ROME OCCUPATIONS. Ayes : c-al Mcallen Hadinay, Vonaiaag, Wigias, HIIIClliclll. W...-,,Waldau.Buns Nays: None Motion airried ud the public llclriaa apeaod. Planning MmiDillnlor Saia llalCIII dais public IJarills is ... pnipoad I 1 II ID die lilac oa:upeeion ,q,,Wionl ill lt.c l.aailtl 0.-. He IIOled dlis Ila a loltg lli*"Y 11U11st ID 1993 r wbicb time die Pluailla wl l.aailtl Ca · · ae CIIMidcrod a ICria af ewe1 a, TIie iw al die Planning C'ommillion w IO aodcnix die lilac a ..,... -., lrionl ill die iw dillrias ill wllidl tllcy wcre al dull time pcrmiacd aad lO pnMde lilr lilac ocx,ipatioal ill tllc R-1-A . R-1-A, lie 111M9e11, is the only 1.IINIC ditlrict wllcR lilac~--.. peraillllL Al a laull oflediwy .... Council 's public llcaill&, tllc iwc W 1-*id 1st IO die PlwliDc C-·.,. b fW1llcr aJlllidenlioll. He advilcd dial tllc PleMilll Ca i ·ae lldd •atllcncria ofplll,lic lleeriap • dlis ismc and Ills prCIClllal a le( a C 1riN Ill C.-:il ...... dill tllc I 1 C ... be adapted a • . I . • 0 • • • Ell&kwOOII Cil)• Council Aapll21, lffl ··~!I • 0 • proposed. Mr. Stin explained the proposed amendments uc that in the R-1-8, R-1.C, R-2, R-2.C, R-3 and R-4 Zone Districts home occupations be expanded to include a a,uplc of different uses 1ha1 uc not now permitted. In addition, it is proposed that day can: homes be permitted bucd on Slate Licensing rcgulalions as oppolCld to the City imposing a number of childral tbat may be ICmld. T1IClc recommendations were originally proposed fol-the R-1-A Zonc Disb'K:l as well, but becaule of the public outcry, the Planning Commission c:onsidcRd --odlcr options. Tbc option that the C-iwioa IClcctcd is to allow home oa:upaliom in the R-1-A 1ha1 uc puf ·aaa1 affices oaly. He cxplaiaed dial a jNolessioul office, in tcrms of home oa:uplllions, is one in wllic:h dlcn: is ., face.to.face aJIUtt with the public. In all odlcr ways they would have IO allllply with Ille llWlanl lloac CJm11111M rqpilltns which arc, Ibey cannot employ anyone. CIIIIIICII Ulililll: -dlan 300 lqUUC fad of Ille -oldie .._ and cannot inaalc tnffic or parting in die IICigllborlluod In 1apo111C to Mayor Burns, Mr. Slia IIOlcd dial toaer-Ciaily ~ ad day~ aR ~ ~- Council Member Halhaway IIOlcd 1ha1 each ICt1ion ... 1ha1 all llomc oa:uplllio!ls lillall be rcgil1CRd with the Dqlartmcnl of c-ity o-lopmcall upo11 aaplelion of an inspectioa of the pranileS by the Dqlartmcnl and the Fire Division. She asked how many people have asked fol-the inspectioa or ~SICl'ed their home oa:upation with City and is it ralillic to expect them to do so. Planning Administralor Stin SlalCld that it is a ralillic cxpcctalion and gcncrally the City finds out about home occupalions when individuals apply for a sales tax licemc. If a business docs not R111uirc a sales tax licemc be advised ii is possible that they UC operating withoul that inspectioa. Council Member Hathaway asked Mr. Stitt, bucd OIi bis cxpcricnc)c, how many busillCSICS 1ha1 UC rcfcm,d to as profcssional offices in the home uc ~ with the City, as most do not require a sales tax licemc. Mr. Slia Slllcd 1h11 iflhcy do not c:all the City and inquire about whctbcr a catain oa:upalion is permitted in I home WC have DO way of~ He advised 1h11 it is the type of USC thal, unless the City l'CICICMS a complaint from the ncigbbors. is rdalndy invisible to the ncighborbood. Council Member Waldman IIIICld thal one of die c:oaccras cxpaed in 1cttcrs to Council is 1ha1 people UC objecting to hHsiC thal might have trucks or~ UIDd by ~ng serviclrs. He said dial be did not -this addrcacd and asked ifan amrwt!PC81 is IICIClded. Mr. Slia noted thal, tor illllance, a ~ ICn'ic:a would gcncrally have -thu one eaplo)'ec ud tllll would be the lriger dial dial is not a permitted UIC. He Slllcd .... docs not nm Ullo dlis siblaliclll wry oftCD IIDlcD 1J1eR is a ooaplaiBf Council Member Waldman IIOlcd tllll you do IICII IIM'C 10 U¥C your cmployecs COlllillg 10 your lloac ID ND a ~ng ICIVice, but )'OU mighl WUI 10 .,_t your vellidcs .... widl your equips C DI • ,_-lloac. He feels this is one the ima 1h11 rcsidell1s IIM'C cxpaed -.i about. Mr. Slia adYiled dial dleR arc provisions in the code 1ha1 limit the size of Ydliclcs 11111 ca be paned 1111 your pn,pcny . If dleR aR large vebiclcs mocilled with a home oa:uplllion tbcy would be prollibitcd from being pnrbd oa Ille w, in rcsidcnlial areas. Mr. Slia fiutbcr explained dial tliis ~ is IICII apecific:ally addrcad ia lllc llomc occupation rcgulalions. Council Member Vormittag Slllcd tllll a rcsidea1 may have a trailer or lnlCk on the IIRld and work fol- --me and not bavc a homc oa:up111ion . Plaaiag Maillilua1or Slia advised dial this is u issue in terms of what type of vebiclcs uc permitted to be pallled or llared 1111 property or 1111 public llRids. It might be CIOIIIICCled with a home oa:uplllion, bul be IIIICld be feds 1h11 7S% of the home oa:upations ~ in Englcwood. if tbcy have vebiclcs eex:ialcd MIii 111cm, arc aadling 1ha1 you would not find in IIOIIICODC 'S pra,c anyway . Council Member Halhaway Slllcd tllll the letter from the Angle Tree Colllpuy ~ Ille fact 1h11 home oa:upalion people do DOI have to pay tor a busi.a ..-, a busi.a prapeny ..._, Ibey arc DOI paying property tax al I CXIDlaacial building ra1c YClaS a raidcn1ial rale. SIie IIOlcd dlclC j-. arc 1111( addressed in this ordinanoc. Mr. Slia adviled thal lie did lllll fed the ialCIII of the~ was ever 10 address tllOlc typcS of ima. He~ tllll it is a valid poin1, 11111 _ ...,ishd •--· -m may objoCI to ._ cia:,upaliom pcrllapn iaawing their a,apelilioa but ... M I a.I GIii ..U. ' • ..... I . • 0 ,. I I • ll> ~ l\.) IX i-I l • . ) ii ffl J1i 11 1r1111:tl~ll!l!!1iflil!f!lli!it1JII II lffi 111 1 1;;.~ s · f !a.:E:"':.~1s11,1, !,1111-,,,.!11 r1 !f tr!I ii I. 'f I rs •:J. f •. if I f ll(' -,IJ I' · f • ~ 11 I f lhh:1i1H , .. 11· I 1., :11· hi . . !r r. trr1 r, 1l1Jr ,. 1 _ l I[ I I l!ff,,t1.Jll11 ''JfJ 1 ;lfff 1 lfrf1 1f• 1 111 Ir --• _ . •aalft tf Ill ta!IJiw• 111 1.~.(ti i t.Qt Ii ,·1l 1Jl'"'[1f!i ;f! _ 1• ~ I il1i 1l!lttf~1fs~l!f!1 f!11lt1li[•1 I ·~ !I ii f ! 1•ttttJjiii1ftl 1~11~1l1J.[f;!'1fl ! fi; Ii i! i ! 1!J11 11111~ll1i1ltl1llllii;:l[i1 f Iii • , . • " 0 • r, .__. r I . . . ' .. . 7 a • '- \ • • • E•ckwood City Council Aaplt 21, 1995 Pqd • 0 • Slated she would not . However. if daycare is not allowed in her ncighborbood she will have to sell her home as this is her only source of income. She confirmed that she has a State License and has to comply with the majority of Littleton's restrictions anyway as daycare is stringently regulated. She State regulations pcm liUCh things as noise, fenced yards, safe drop off places and parting generally is not an issue as parents generally only part long enough to drop a child off or pick them up. Council Member Vormittag asked how much it has cost her to bring her home into compliance with State regulalions. Ms. Smallwood advilCII 11111 the home she pun:lmed is a brand -home with no yard. Conlcqucntly, she stated she has invested money in her ara as she put in a fence, grass, and sand areas . Council Member Wiggins asked if she has actually put tbe fence in or is she in tbe prollCSS. Ms. Smallwood stated she is in the JWOllCSS of putting the fence in, she has a temporary fence II this time. Vera Montez. 2925 South Ellli, stated she has been a liocllled child care pn,viclcr in Englewood for seventeen years . She agreed with Mr. Stitt that the zoning rules need to be modernized and asked why not the child care home facilities also. She stated when Littleton was in the JWOllCSS of updating their ordinances she told them thll this is a community IICIVia: which is liocllled and n:gulatcd by the State. She staled she feels Englewood has approximalely forty liocllled daycare providers. She Slated she is very active in the daycare association and t1lalty Englewood daycare CIClltCl'S are also very active. complying with educalion Rqllimnents and ,-Icing as wluntcers in the community. She pointed out childrcn are our fuh!R. She expraled COIIGffll 11111 in -places Ibey c:an care for only six children. but she asked what happens to the before and after IChool kids . She llated Ibey are people and have the same needs for safely and need somq,laa: to go. Ms. Montez asked Council to 1-*r modcmizing and Slalldardizing the whole zoning to include family child care homes in all of Englewood. She staled they do pay taxes and they do an excellent job for the community. Ms. Montez offeml to provided further statiSlics if Council so desires. Council Member Habenicht asked if 1111111 daycare homes provide daycare within the immediate neighborhood . Ms. Montez stated RI05I of the time they care for childrcn in the immediale area. However. if-lives in another community, but works in Englewood. they may look for daycare hcR in onler to be closer to their childrcn. Council Member Hathaway COIIIIIICllled 11111 t11ey allO tclld to maialain a clienlele of people who IIIO\'C out of Englewood but tend to bring their kids i.:t. as IMae bale daycare CIClltCl'S have a rcputalion for being better than tbe illllitulions. Ms. Momez llated 11111 11111 is ript. dull 11111 all childrcn need to be in a:nters, -do all childrcn Deed to be in homes. SIie paialCld Clllt tlleR is a Deed for both. Larry Floyd. 2739 Soutll Washiagtoll SCnlcl. llalOtl lie lias lMld in Englewood for thirty years aad railed thn:,e clliltlral in Englewood. He IIOled lie is lien: tllis eveaing as lie saw a little article lhack in tbe middle of the -,paper giving notice of this aodillg wl lie .... tliis is tbe only notice he ra:eived of this meeting. Mr. Floyd a,mn C t C ~ thal approxiallely eipl ........ when this~ -fint consiclcred. he c:irculaled pditions in three blocks of his neighborhood. He pointed out 11111 every single ~ in thole blocks signed tbe pditions wllicll CIDll&ained 1111 lell than 200 names . He Slaled 11111 if the article in the paper had been big -ah, for thole people to.-of it. there MUld have been about 400 people sitting in the audience IOllight. He llated tlleir polition is 11111 if it is 11111 broke don't fix it. 11111 tlle R-l·A housing sihlalion has been fine for his family and CYel)'ODC in his neighborhood for thirty years. He llated thal he weal to every hoUle in his neipbofllood ud they all feel the -way . He IIOled he does 11111 really have aa inlaal in tlle otber mac dilllicts, but 11111 lie mowed to Englewood to railc his family bcc:alllc of the R·l·A clcsigna&ioa . Mr. Floyd llated in tbe tllirty years he has IMld ill this neighborhood they ha\'C hid a piw, teacbcr. a 11ainnwr ud otber husi opcnlillc 11111 of tlleir homes and IIC\'CI' -a pn,blelll. Bui tlle poi• is. he IIR8Dd. tllal if it hid become a prublem they MUld ~ had -way to deal Mth it. He llated lie Im ao prablem with people hying to make a living, but the lady thll jusl bought the llolllC allllld U\'C bra .-of tbe zoning l'Cllrictions as thal information is available . He asked thll Council leave tlle im;., tbe way it is. ' • ,. - I • • 0 ' • h&kwood City Couacil Allplt 21, 1995 Par;e 8 • 0 I• • Council Member Hathaway asked if he was aware of that the piano teacher and hairdresser were basically operating illegal businesses. Mr. Floyd Slated he was . In rc:sponsc to Council Member Waldman, Mr. Floyd S1aled he wan1s R-1-A left exactly as it is. the way it has been for thirty years and the way people want it. Council Member Waldman asked if he thought C\'a)'OIIC in Ms. Smallwood's ara actually knew that R-1- A ralrided home oa:upations. Mr. Floyd stated thal theY sbould if they c:hc,cbd on it as the infonution is available . Mayor Burns SlalCd that when Mr. Floyd bouglll bis home lbiny years qo there -no such thing IS 8 home lllllllpUlcr. Now all kinds ol'people bring wort home and theY basically arc proceeding illcplly. Mr. Floyd SlalCd theY might be, but if it never becomes a problcm it is nol ll)ing to be an issue and WC do DOC need to fix it. Mayor Bums asked him to define what • problcm would be to him. Mr. Floyd Slated if the thing blew up and swtcd a fire it would be • problem, but if someone uses a a,mputcr who will a,mplain. Mr. Floyd Slaled • daycare: center is anolhcr mancr IS that does create a problem with vehicles in the SlRlc(. it is visible and you can hear the kids. If that ba:omcs a problem then it can be fixed. he nolcd.. bcalusc it is nol legal. Council Member Vormittag Slated that it is the rcsidcnls calling the City that want to be legal, theY want to operaae honcsdy. Mr. Floyd a,mmcnted thal if the hairdresser previously opcnting OUI ol'his neighborhood bad become • problem be would ha\'C bad a ra:iounc, but if this passes there will nothing thal can be done about it. Council Member Vormittag noled this is • catch-22 situation. it is like it is .ay to do ii but we do not want lo know about it . Mr. Floyd agra,d. but pointed OUI that if Council really want to know what the people want theY sbould pul it to • VOie. Council Member Habenicht assured Mr. Floyd ..... Council does ruall the previous input and she recalled that someone was designated from that group to be lldvilCld ol this IIICCling. A£ she did not want a mispcn:q,tion, she advised that notil.lc ol dlis hellriag -published in the Englewood Citizen and the Englewood Herald and that nay dron -aade IO Ulbm rcsidallS. Mr. Floyd SlalCd that the rc:sidcot designated as • contact pcnon bu 1111d llis pn,paty ad alft'III 11111 ol Slate. Mr. Floyd rcilcrlllcd bis a,nuncnts and added dull nay pcnon .... ..._.. c.o-at IOaiglll .... pcnonal u to pind, they - not speaking for somebody dsc. theY arc ~ tiJr dlamdvcs. He SlalCd that ~ that signed the petitions just want to be left alone in R-1-A. as it is pniblbly the most prestigious IS fu IS property values . Council Member Hathaway asked if Mr. Floyd 11111 IDC8 the prupca chan,cs thal refers to home offices versus home occupations. He Slalcd be Im nol !Ml lie~ .,.._ ol it through Mr. Stitt 's CXIIIIIIICIIIS this C\'CDing. Ms . Halhaway lldvilCld 1h11 this prupca dluF caac about bClcausc ol rcsidcnls commenting thal theY do nol want a home oa:upalioa ill dlcir aeigllbomood. but theY do not mind busincucs that do nol pracnl a problcm. She llalcd lllff-med to ftlCliftlCI this to where there is 101DC definition and delineation between. b inmncc, • pcnon wbo brings • tow uuct home versus IOIIICbody sitting at his a,mputcr sending messages baclt and forth to bis oft"ICICS. Mr . Floyd stated be undcn&ands that, but asked if it is really ncccmry to c:baqc the onlinlllcc to do that. Council Member Hathaway Slated that staff" s original inlcnl II looking al these CUIIFI -to rdJect the reality that exists in this a>mmunity. She acknowlcdpd thal Mr. Floyd aw)' DOI fed !Ml this is a nca:aity. Howncr. sbc IDed that II some point in lime we~ to deal with the reality !Ml things CYCD in the R-1-A zone~ changed some . Ms . Hathaway added thal sbe does DOI know Mldhcr the CUIIFI arc significant enough 10 warrant pulling this in onlillUQC form and med Mr. Floyd b bis lbouglu. She med if-,: rdJect the reality ol the lady who has CUI hair in her home . They exist illcplly in R-1-A right -and proW,ly will a>nlinuc 10 do so. She asked Mr. Floyd if be were sining on Council how be would adcqullcly address this issue. Mr. Floyd Slalcd be would lcaYC ii cxacdy • it is. She med if be would change it to address the issue ol'homc offices . Mr. Floyd staled no. be would DOI change it II all . Chris Hoagland. 3041 South Franklin. Slated be raabcr libd Ille City Plallncrs position on this a it Dlnds like it is prdty wcll lhoughl out He DOied thal the really pMllal ~ bcR is to imia Ille iaidelllial ' • - • I· • 0 , • • • £aclew ... City C-U Aquil 21, 1995 ··~· • 0 • character of the rcsidential neighborhoods. He staled be feds ii is rally inapproprialc for people IO opcra1e businesses in IIIOlc neighborhoods if ii is obvious that Ibey are doing it. He feds people MIO wen on the phones and a,mputers can be cx,mplc:ldy invisible as Ibey do nol ~ alSlomcl1 a,ming IO the house, employees or vebiclcs dropping off lhinp. He llalal ii is a \'aY IOUcby islue as it ~ be \'aY unfortunate if the rcsiclcntial .._ of the neigllborllood clrmFs by doillg ICIWfbiag that is abviously business rdalcd. He~ we rally~ a differall-,. than dlilty years a,o. He DOied the ranks of middle _....,......., that pniblbly IDOll of the people iD Ibis aJIIIIIIUllity aapin:d IO, are being decimated. He pointed out that about die GIiiy dlia& ya. ca do is.-,_. _ .,__ or lake a \'aY inseam job and ii is. \a)' dilferml wld .... -• ...,,_. Mr ......... llllal lhal he feds Iha! if somdJody can operalC a busi.-Md do it iD u:11 a r.llioa dill docs 11111 cllanF the residcntial nature of the neigllborllood then that should be pcrmittcd. Letters from Angle Tree Company and Ricbanl DiUanorc were amid iDlo the reconl. Council Member Hathaway clarified that Council will 11111 be \'Oling on Ibis issue dais ~ng. ii will be voted on al a future Council meeting. She llaled dial baled on aJIIUIICIII RICICiwd this ~ng she would hope that we do a little bil beltcr public nouficalion of 11111 particular wee aad meeting. COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO CLOSE THE PUSUC BEARING TO RECEIVE Cl11DN INPUT ON AMUIDMENTS TO THE ENGLEWOOD MUNICIPAL CODE RELATIVE TO HOME OCCUPATIONS. Ayes: Council Members Hadlaway, Vormittag, Wiggins, Habcnicbt, Wagoner, Waldman, Bums Nays : None Motion canicd and the public hearing~ 10. C....aqma COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS It (a) (I) THROUGH MON nJIST READING. (a) ApplO\'C on Firll Reading (i) COUNCIL Bll.L NO. 49, INlllODUCED BY COUNCIL MEMBER HAlllAWAY A Bll.L FOR AN ORDINANCE AUTHORIZING AN EXTENSION OF TIME FOR THE 1994 ARAPAHOE COUN1Y COMMUNITY DEVELOPME1n' BLOCK GRANT PROGRAM BE1WEEN THE ARAPAHOE BOARD OF COUN1Y COMMISSIONERS AND THE CITY OF ENGLEWOOD TO ALLOW FOR THE COMPlEl'E EXPENDmJRE OF FUNDS. (ii) RESOLIJ110N NO. S7, SERIES OF 199S A RESOLIJllON BY THE CITY OF ENGLEWOOD AI.TIHORIZING THE DEPAR'JMBlT OF COMMUNITY DEVELOPMEln' TO m.E AN APPUCA110N Wl11I ARAPAHOE COUN1Y FOR A 1996 COMMUNITY DEVELOPMEln' BLOCK OR.urr TO FUND THE HOUSING REHABILITATION PROGRAM AND ASSIST Wl11I THE FUNDING FOR THE FAMILY SELF SUFFICIENCY PROGRAM. (iii) COUNCIL Bll.L NO . S2 , IN'JllODUCED BY COUNCIL MEMBER HA'llfAWAY A BllL FOR AN ORDINANCE APPROVING A LEASE BE1WEEN CRAIG HOSPITAL AND THE CITY OF ENGLEWOOD, COLORADO TO OBTAIN AIRSPACE OVER A PUBLIC STREET, SOU111 .. - ' ...... I . • 0 • • • • 0 • EackwON City C.IICil Allpltll,I~ Pa,e 10 CLARKSON STREET, BETWEEN EAST GIRARD A VENUE AND EAST HAMPDEN A VENUE, FOR 1llE CONSTRUCilON, MAINTENANCE AND OPERATION OF A TWO LEVEL PEDESTRIAN OVERPASS . (iv) COUNCIL BILL NO. 56, INTRODUCED BY COUNCIL MEMBER HA111AWAY A BILL FOR AN ORDINANCE Al1lllORIZING AN INTERGOVERNMENTAL SETIU:MENT AGREEMENT 1llE CITY OF ENGLEWOOD, COLORADO, CITY AND COUNTY OF DENVER, COLORADO AND CYPRUS O.IMAX METALS COMPANY PERTAINING TO WATER RJOHTS. (v) COUNCIL BD.L NO. SS, INTRODUCED BY COUNCIL MEMBER HA111AWAY A BD.L FOR AN ORDINANCE Al1lllORIZING AN INTERGOVERNMENTAL AGREEMENT ENTl11..ED CITY DITCH/HIGH LINE CANAL AGREEMENT BElWEEN 1llE CITY OF ENGLEWOOD, COLORADO, AND 1llE CITY AND COUNTY OF DENVER. COLORADO Ayes : Council Members Hadlawly, Vormiuag, Wiggins. Habenicbl. Wagoner, W.._, Bums Nays : None Motion carried. COUNCIL MEMBER HATHAWAY REMOVED AGENDA ITEM 10 (II) (W) FROM THE CONSENT AGENDA. COUNCIL MEMaER HATHAWAY MOVED, AND IT WAS SECONDED, TO Al'l'llOVE CONSENT AGENDA ITEMS It {It) (i) AND (ii) ON SECOND READING. (b) Approve OIi Second Reading (i) ORDINANCE NO . 43, SERIES OF 199S (COUNCIL BD.L NO. 31). INTRODUCED BY COUNCIL MEMBER HA111A WAY AN ORDINANCE SUBMl1TING TO A VOTE OF 1llE REGISTERED ELECTORS OF 1llE CITY OF ENGLEWOOD AT 1llE NEXT SCHEDULED GENERAL MUNICIPAL ELECl10N PROPOSED AMENDMENl'S TO 1llE CHARTER OF 1llE CITY OF ENGLEWOOD, COLORADO REGARDING 1llE ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYS1B4 ACT DEFINITIONS, BARGAINING RIOKl'S. SUBJECTS FOR COLLECTIVE BARGAINING. IMPASSE RESOLUTION, 1llE CAREER SERVICE SYS11:M. CAREER SERVICE BOARD. DlTT1ES AND POWERS OF 1llE CAREER SERVICE BOARD AND EFFECTIVE DATE-VESTI!D RJOHTS UNDER 1llE CAREER SERVICE SYS1B4 TO PROVIDE FOR A BINDING ARBlnATION PROCESS . (ii) ORDINANCE NO . 44, SERIES OF 199S (COUNCIL BD.L NO. 43), INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AMENDING Tl11.E I, CHAPTER 4, SECTION I, BY ADDING A NEW SUBSECTION C, EtmTLED TRIAL BY JURY FOR JUVENILES . Ayes : Nays : Council Mcmbcn Hadlawly, Vormiuag, Wiggins. HallCllidll, Wagoncr. W.._, Bums None ' • ...... •. .. I . • 0 '32xl • • • h&kwood City Couacil Aaplt 21, 1995 Pace 11 Motion carried. <. • 0 • ... • •••• 10 (b) (iii) Council Member Halhaway ltllCld she will miwe to !able this• dlcR llas ber:a a lo( of lXIIIIIIICIII on !his partiadar .-,...,..... and she is leding a liUle bit -.....umfollable widl die issue. IClcrt 's Nole: Council Bill No . 46 amends the EngleMiod Municipal Code by adding a -1ion. DISORDERL Y BEHAVIOR; REPORT BY LICENSEE patainiJla ID di!e Liqllor Licaliag Aadlorily. I COUNCIL ME.MaER HATHAWAY MOVED, AND IT WAS SECONDED, TO TASU AGEQA ITEM 11 {It) (Iii) -COUNCIL 81LL NO. 46. Motion carried. Aya: Couacil Members Hadlnay, Wiggins, Habenicht, WagDIICI', Waldman, Buras Nays: Council Member Vonniuag 11 . Onliawa, P111l deal aN Medeal (a) ApproYc OD Finl Reading (i) DiRdOr Gryglewicz praenlCld a lUIOIIIIDClldal from the Department of Financial Services to adopt a bill for an ordinance amending lleClions of the Englewood Municipal Code rdating to the illVCSlJDCDl of municipal limds . He advilcd the ,-for thele chanscs is to reconcile the use of the lllVCllmenl Policy with the aurmt aide. The aide has not been updalcd to rdlect the adoption of the lnvatmcnt Policy which has been in dl'ect since 1990 and it has been changed twice, in 1991 and 1993 . He noted that Council reviewed the hM:llmcnt Policy in Study Session on August 14, 1995 . The City Clerk wu asllcd to rad Council Bill No. 41 by title : COUNCIL BllJ.. NO. 41, INlllODUCED BY COUNCIL MEMBER HABENlarT A BllL FOR AN ORDINANCE AMENDING 1TJLE 4, CHAP1D 1, SEC110NS 1 AND 2, OF TitE ENGLEWOOD MUNICIPAL CODE 1915 REQUIRING COUNCIL 10 REVIEW AND ADOPT AN INVESTMENT POLICY BY RESOLU110N ANNUAU..Y . COUNCIL MEM8ER HAaENICHT MOVED, AND IT WAS SECONDED, TO APPIIOVE AGENDA ITEM 11 (a) (i) -COUNCIL 81LL NO. a. Motion carried . Aya: Couacil Members Halhany, Vormiaag. Wiggins, Habenicht, WagDIICI', Waldman, Buras Nays: N«- (ii) DiRICIOr Glypewic:z pn,aeaod a reooeeenchtioa from the Dcputmelll of Finaacial Services to lflPRl"'C a tine palZIII iaaale ia lleadila ID die Non-EmcrJeacy ~ l'allion Full• of J~ I , 1996 far lllti,-wl bCDdicillies wlmc peymenU m prior ID My I , 1995. He advillld that on April II, 1995 die~ l'allion Board requa1a1 a beadit illCl'alllC adjultmcnc l1Udy be performed by die acsuary far die City, Mercer and Company . After die m'iew OIi July 19, 1995 die Board Yaecd to RXl!l 1 to CouDcil a 3% iaaale in bcacfits for ffilileel and bencficiarics as of J..-.y I , 1996 . Only tllOle lllti,-ud bcllcficiaries wlmc Pl)'IIICIIII bepa prior to July I , 1995 will m:cive this incrcale. He ltllCld that c:anmdy dleir beadiu raa,c fiaa S41 .53 per mondl to S2027 .40 per IIIOlllh . This inams -W incrcale bcacfils fnla SI .25 ID S60.12 per aoadl, which will COIi the City Sll,744.IO per,ar. DiRICIOl'Grypewicz __. 11111 aaned lilllilily fardlil fund is alW Sl00,000, bul ..... aanally 11R alW Sil aillioll. c-llllC•ly. lhis wil aa1 lffect ..... - ·" - I . • 0 I • ~ City Ceaacil A11p1f 21, 1"5 •• 12 • • t• • the viallility of this pension and it will not iDCRalC the propmed 6% of payroll buqded for the City's aimilllllion for thc 1996 BudFt. TIie Cily Clerk ---to read Council Bill No . 5' by tide: CX>UNCIL BW.. NO . 5', "'"1l0DUCED BY COUNCD.. MEMBER VORMl1TAG A BIU. FOil AN OltDINANCE AMENDING 1111..E l, OIAPTl!ll 6, SECTION 7, SUBSEC110N 7, OF 11E ENOLEWOOD MUNICIPAL CODE 191,, INCREASING 11IE BENEflTS FOil RETIRED MEIB!ltS AND BENEl'ICIARIES OF 11IE ENOLEWOOD NON-EMERGENCY EMPLOYEES RETlltEMENT PLAN BY 3%. COUNCIL IIIDOUl VOltMl'ITAG MOVED, AND IT WAS SECONDED, TO Al'PllOVI AGENDA ITEM 11 (a) (ii) -COI.INCIL IIILL NO. 5'. A)U: Council Members Hadllway, Vormittag. Wiggins. Habenicht. Waaoner, Waldnwl. Buras Nays : None (iii) Divilioll Cllid' Bab Moore plaeated a NC D dMion from thc l>epartmm ol Safdy Scrvicxs to appnM: aa onliaaace __., Title 7, Cbaplcr IC. Seel.-I ad 4 oldie Eapwood Muaicipal Code aUowiDg for ad segulaliag millialwe v.._ pot bellied pip by~ ol a permit. He aid dial, while pot bellied pip ha\'C been defined in die Code• swine and-. • IUCla. prohibited Wider Seclion 7-IC-I, exceplions ha\'C been made by the City and zoologic:al penails ha\'C been granled Wider Seclion 7-IC-l. TIie pn,poml ordinance is u attempl to -the COllfticl and provide for the lic:icnsing or pot bellied pip. Raponding to Council Member Waldman, Mr. Moore aid be IIUlpCICII there arc half• do7.en to • do7.en pot bellied pip cumady in Englewood. City Manqer Clark llllklll dull the City Code EdllW Dmlioll Im iaied -aogical permill to pot bellied pig ownen in the .-bul bas dilconli...t the pracuce peadillg die pn!pClllld onlinance. Council Member Habcnicbl abd how many llllkel we uve in Englewood. Mr. Moore rapondcd that be -uncertain or the IIUlllber bul ..._ arc raideall wllo Uft boa Cllllllriclon and pydlom. Mr . Moore aid t1u1a there is•• to die permil sy11m1 in dull it a11ows the City to"-nae tbele animals arc and thal Ibey arc properly boulcd. The loallica -impectcd by u uinal COlllrol officer. Responding to Council Member Habeniclll, Mr. Clark lllalad tbal pam,c oltbc -onlinucc will permit pot bellied pip •• pel. Council Member Waaoner abd ,ny die_..__ ii_., ifdley arc a11owe11 a11cr 7-IC-l. Mr. Moore rapondcd dial die two cites -ill CXlllffict. Mr. Clark llllklll dial, if die City Im two._ dial -ill Clllllfticl. llil UlllnicliDal ID flJIII will lie ID cnfonlc die llrictcr of die two . 1"llal «-lllially -.... pot ..... pip ........ 1ic ...... -- the two cxilliDg onlinances. Council Member Waldman lllbcl nM type ol rearic:liclaa ca lie plaml • die m111--•••1 -• fll a pot bellied pig. Di1CU8ion eaaaed. Council Member Habellic:hl tllUd for c:lariflcalioll oldie ........ ill Sec:aiDa 7-IC-l C111i11a far regulalion ol pot bellied pip. City Altol1lcy ~ aid dial die pip will lie ........ 11iJ die ..... ilallld by thc City . ' . ' . ' ... I . • 0 , 2 I • Eapwood City C-il Allplt 21, 199S Pace 13 Discuaion ensued. • 0 , . • Mayor Bwns asked if this definition of pot bellied pip is UIOd in odler cities and whether -have looked at other cities' n:gulations Mr. Moore fdt lhll it~ with odler cities. Mr. Moore pointed out lbal no 1110R: than one pig will be permitted on a property, it IDllll be spayed or neutered and the owner IDllll have a permit. Mr. Brotzman clarified lbal this wiU not be a mological permit but, rather, a newly cn:atcd permit spccifically for pot beUicd pigs. Council Member Wiggins said be is not in fawr of this ordinance. He feds lbal a pot bellied pig is a swine and, • IUCII. is not allowed . He feds lhll pip should _. have been permitted under 7.oological permits. The City Clcrt -asked to read Council Bill No. 50 by title: COUNCIL BILL NO. 50, llln'ROOUCED BY COUNCIL MEMBER HATIIAWAY A BILL FOR AN ORDINANCE AMENDING Tl11.E 7, CHAPTER IC, SECTIONS I AND 4, OF TifE ENGLEWOOD MUNICIPAL CODE 198S PERTAINING TO POT BEU.IED PIGS . COUNCIL MEM8ER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM NO. 11 (a) (Iii) -COUNCIL 81LL NO. !II. Ayes : Council Members Hathaway, Vonnittag. Habenicht. Bwns Nays : Council Members Wiggins, Waggoner, Waldman Molion carried. Council Member Habenicht suggatcd lhll a public bearing might be in order rqanling pot bellied pigs. It wa dccidcd that a full public bearing proce11-not warranted bccaule the mailer will be before Council again on final reading. Ms. Habenicht CXIIIIIIICllled lhll she would like to bear IIIOff: people '1 opinions OIi the IUbjecl. (iv) Director Esterly prclCIIICd a recommcada&ioa from the Departmcnl of Public Works to approve an ordinance audlorir.ing the sale of the Federal Fire Stalioa property located• 406S South Federal Boulevard for the previously agreed to price of S 164,800. He reminded Council lbal a leuc with an option IO purchalc with Glalbond. Inc. -appnMld by mouoo oa Fclnary 11. 1992. Council Member Waggoner aJIIUIICRled lbal the City is locked into this price. City Attorney Brotzman llCIIICUfflld. Council Member Habenicht rclaled lllll lllc ClOlllacted the City Clerk ror the billOly of Council's actions on this iaK. She kar1ICld lbal lcalina die Federal Fire Slalioll to Glalboad, Inc . came lldiJR Council on r-previous oa:aionl. TIie action failed on the fint oa:asion .._. on a three to tbrec vote with an lllllelllion .._. on a council ___,., CIOllftict of iW. WIICII die ~ -COlllidcred tbrec IIIODlbs lalcr, ii plllCIIS oa a vote oflow to lluec. willl tllll -Cllll8ci.l mcallcr VOliag iJI fawr. SIie aid 111c ha -aipporled lllc lcalC aad .-kl aat fed coab1ablc VOlillg for lllc 1CMC • this lillle. Couacil Member Hathaway asked if lllc '-Im lived .. to llis c:oauaaual abliplicm to die City and if tbcrc have been uy pn,blam. Mr. ~ rapoadDd tllll tbcrc have been no pniblcml. Ms. Hatlulway ~ lllll the City tliea Im a lcpl abliplioa to allow Glalbond to purdmc die property or face a law IUit for bfacll of CIOlllract . • .... "' - ... I. • 0 • 1.acleweod City C•acil Auptt 21, 1995 Pa,:e 14 '· • • • Council Member Waggoner lllbd about the lcpJ CIOIIIICqllCIIC or a CXJUDCil member claiming a conflict of interelt and then lalcr wting in favor mthe ~- City AIIOmcy Brownan aid that Council may go ahead and appnwe the onlinancc OD lint reading and be will clc\dop a lcpl analysis OD the maacr. He said die pnllllcm is that the laaee bas doac naylhing COITCClly in ---with die lealc. and, ahboup die._ -.,._. impropcrty. tbeR will llill be lcpl nmificalioas if be is DO( allowed to cxcn:i9e die pun:lmc option. Mayor Bums said be is no1 ia r.wr or wtillg to lnadl die City's C1D111n1:t1 and agreed with City Attorney BrolmlaD ·, -•mcndalion to paa die bill oa lint readillg ud tbcn RllleM a lcpl analysis. The City Clerk -med to read Council Bill No . 57 by title : COUNCIL BILL NO . 57 , INl1t.ODUCED BY COUNCIL MEMBER WIGGINS A BILL FOR AN ORDINANCE AUTHORIZING 11fE SALE OF 11fE CITY OF ENGLEWOOD FEDERAL FIRE STATION LOCATED AT 4065 SOU11f FEDERAL BOULEVARD . COUNCIL Ml.Mar.a WIGGINS MOVI.D, AND IT WAS SI.CONDI.D, TO APPROVE AGI.NDA 11'1.M II (a) (iv) -COUNCIL aD.L NO. 57. Council McmlJcl' Waggoner CIOmE C 1C 1 thal lie will Wle ya becaUlc or the obliption thal die City is unc1cr. but 11a1ec1 thal be is no1 m ra-or it. Council McmlJcl' Habeaiclll CXIIICUfflld with Mr. w.,._..•s COBl-1 Ayes : Council McmlJcl's Had!away, Vonaittag, Wiggins, Habenicllt, Wagoner, Waldnmn, Bums Nays : ~ (V) l'laaiag Admillil1n1or S1i1I paai1cld a n,c C f Sie flaa die f J W or ccs-i1y DcYcla, • CII to .... a rcmlu1ioD appnMlll 8 Pl...t De\ lap C I • die Scllldi Deaver Medical Plua will! wtiliNI He said .... a1111e Nllie Hcarilla .... -llldd • ... -· d!erc - -_. Cllplalllll by~ pnipaty owacn ll!a1 dlainqe flae dlis li1e aipl *-•• Ille alley bc)'Olld ill .,.--dc1erion1al Cllllldi1ion. The udlitecll and owaen ordlis pnlpClly apec ID Rldinlct 111c dn!i-,c ID F'kl,d A-ud Mr. Stitt indica1ed thal be bas plus dia1 ldlec1 ... c:l!aatc . Council Mcmller Vonaittag aed wlly the building will be named Sou1li DaMr Medical PlaD wl!ea ii is loca1ed ia Eaglcwood. Mr. Stia ClllUld oaly lela1c thal thal is the name the owacn acla:1od. The raolulion -...... IIUlllber and read by title : RESOLlTllON NO . 51, SERIES OF 1995 A RESOLlTllON APPROVING 11IE 3299 SOlTl1t LINCOLN STREET PARnlERSHIP PLANNED DEVELOPMENT FOR 11fE SOlTl1t DENVER MEDICAL PLAZA WHIOt WILL BE LOCATED AT 3299 SOlTl1t LINCOLN STREET IN 11fE CITY OF ENGLEWOOD, COLORADO. COUNCIL MI.MHR WIGGINS MOVI.D, AND IT WAS 51.CONHD, TO AffllOW .\CINDA 11'1.M 11 (a) (¥) -RISOLU110N NO. 51, SIIUIS OP 19'!. In laponlC to Council Mcmller Wagoner, Mr . Still conflnaod thal all 111e c1rai1!aee ....... • ... lot will DOI ID into die alley. but will p> into Pio,d A-. ' ..... ,,,_ .. I . • 0 I • • , • Eact-Nd City C1111ac:il A11p1t21, 1995 Pa&e15 • • • Council Member Vormittag asked for a aJP)' of the plan. t• Ayes : Council Members Hathaway, Vormittag, Wiggins, Habenicht, Waggoner, Waldman, Bums Nays : None Molion canicd. (b) A.,.,_e Oil Second Reading 11leR -ao additional items submitted for approval on leCOlld reading. (Sec A,cnda Item 10 -Coment A,cnda.) 12 . (a) Mayor's Choice Mayor Bums did IIOl ~ any matters 10 bring bcloR Council . (b) Council Member's Choice (i) Council Member Vormittag: I . He asked about the new building and the weeds al 4100 South Grant Street . City Mampr Clark will ~ staff" check in10 the Meds. He rdatal that Project Build could put a boUlc pn:tty quickly Oll10 that property but staff" feds that the neigbborbood can support 1110R than a low lo modenlc illCOIIIC home. The rcc:ommcndalion will probably be dull • belier boUlc be built Oil dull property. 2 . Mr. Vormiuag asked aboul the 11111111 of the Eagles property . Mr. Clark Slid 111111 ~ be clisamed in cxccutive -. IOllipt. (ii) Council Mclllbcr Wigim llalClll 11111 llc leqllCIICd • ... lllcllll Ille weeds on the IIIUtbcul oona of Hicbry ad l'lalicc. He naiwd a 1apa111e 11111 Ille localioa WM iJI Lialdon. He actually -rd'erring IO the ICllllllcall oona of die park ll 11111 illlla'lclttion. Mlicll is in ~ He Slid lhal South Suburban has adoplcd a nllural open 111Ke ~ .. policy . He llalClll 111111 Eaglewood labs prcccdcncc cwa lhis policy and be~ like die property IO la dDceat. Mayor Bums Slid be will be IIICICling with South SubwtJan bdiJR IOO loag. (iii) Mayor Burns mentioned a lcllcr clillribuled the Council tbal is addRami 10 Ben Klein. Chairman of the R11> Board. CIICIIUrqing 111111 bolnl 10 fiuld Ille final plans for the Solllbwcll Corridor Lighl Rail S)'llem. C\'m though Fodera! fimds will DOI be fordlcmaing . Without the final plans. we canno1 8* for a full ftmding gram agRICIIICIII frvm the TIUlil MmillilUalion in Waminglon. He plans 10 allCDd the Metro Mayors' Caucus on Friday ud Im alked 11111 Ille milter be placed on dull qcnda. (iv) Council Member Habcniclll : I . She thanked the Safely Services llaff" for their efforts relaled 10 Nalaal Nipl Out . SIie Slid 111111 the showing -wonderful and their dl'or1s are 1n11y appnlCillod. Mayor Bums Slid be rode with Officer Nucy PacrDI dull nipl wl oo,nplim:acd lier oe lier cxmleal rclalionship with lbc community . ' ..... ,, - • . .. I . • 0 , ... 0 ~~,~ii . . ! ~ ~ i I I . • f ~ i i • • a • I I ' [ J. I • ; i ·. I 'Ii l 'If ~ ,~ ,~ ;111 1 }!~ !if I ii ~ I! f.1 a.~ 0 f .= 1 .= r a: · a.J i J .. ~ E I ' It t ~ i( Pol • 1 ~ I ! ii f f ii a !h ( r i ! 1, ii (i ti i ii f 1ff ,· ''t ~1 i 'l~[,i J.1 fl I • I .. C l t 'fi i [Ji fl fa I 1~i1l1 fi 11 ii I l!J 11it11!11!1 !~ rl 1; i itt I fl 1·11111 11 1 J i I !Ii Ill .,,.~, I I IJ t I ti ·f I ii I lia J 11 rt!1tl !i I >8 I (t( l 1 . 1 ·l'l 11: i1 t 1;: ! II J(,t 1 ~i , 0 .._ ~ ' ' , I . . •.~ . 7 'IL I . • 1. 2 . 3 . 4. 5. 6. 7. 8. • • • AGENDA FOR THE REGULAR MEETING OF THE ENGLEWOOD CITY COUNCIL AUGUST 21, 1995 7:30 P.M. Call to order. I"/:~~ Invocation. t<Jf/1~ Pledge of Allegiance. ~ Roll Call. tltt,. '/ ~ Minutes. a. Minutes from the Regular City Council Meeting of August 7, 1995.~ Scheduled Visitors. (Please limit your presentation to ten minutes.) Lr Non-Scheduled Visitors. (Please limit your presentation to five minutes.) Communications, Proclamations, and Appointments. a . A Public Hearing to gather citizen input on amendments to the Englewood M;;;;;;~/~";;;;;·u ~ . . .. I . . 0 f ...... ~ I City Council Agenda August 21, 1995 Page2 • • • " - 10. ConsentAgend~~ 4u1Jd__ /1Jt1 ()/1Mu(kll) a. Approve on First Reading. i. ii. Recommendation from the Department of Community Development to adopt a bill for an ordinance authorizing execution of an Intergovernmental Agreement for extension of 1994 Community Development Block Grant. STAFF SOURCE: a.IN Eetelty, Acting Director of Comnutity Dewlopm9nt Recommendation from the Department of Community Development to support a resolution to apply for a 1996 Community Development Block Grant (CDBG). STAFF SOURCE: a.IN Eetelty, Aeling Director of Community Development iii. Recommendation from the Department of Community Development to adopt a bill for ordinance approving an air rights lease between the City and Craig Hospital to permit Craig Hospital to construct a pedestrian bridge over South Clarkson Street. STAFF SOURCE: Harold Stitt, PlanNng Admllllistrator iv. Recommendation from the Utilities Department to approve aflr'BILI-FOi!. At/ ordinance approving the settlement agreement by and between the City and County of Denver, the City of Englewood, and Cyprus Climax Metals Company. STAFF SOURCE: Stu Fonda, Director of UtlltiN/WWTP. v . Recommendation from the Utilities Department to approve arr I/LL.~ HJ ordinance approving an intergovernmental agreement between the City of Englewood and the City and County of Denver . STAFF SOURCE: Stu Fonda, Director of UtllllNIWWTP. ~ !ri/1 ' Approveon57~~~· ~ t,,1 ' 'f-O-i;· i. Council Bi~ 38,1 submitting to a vote f the registered electors of Englewood a proposed Charter Revision on Career Services. ii. Council Bill No. 43, prohibiting jury trials for juveniles in Municipal Court . iii. Council Bill No. 46, amending the Liquor Licensing Authority section of the Englewood Municipal Code relating to conduct at liquor establishments. ~ Plwe no1e: If ,ou haw.a _. .... ...., ......... ,.._Mllfy .. Cllyel lr1'1a ... ~DMII lelll41hounill ...... ., ..................... .... ' . . .. I. • 0 City Councl Agenda .\uguat 21, 1995 Page3 <. • • • 11 . Ordinances, Resolutions, and Motions. a. Approve on First Reading. ii. Recommendation from the Department of Financial Services to adopt a bill for an ordinance amending sections of the Englewood Municipal Code relating to the investment of municipal fundJ;, ~ SI~-~~CE: Frank Gryglewlc:z, Dnctor of flnmlcllll s.r.tcea~ Recommendation from the Department of Financial Services to approve a three percent increase in benefits to the Non-Emergency "' - Employee Pension Fund as of January 1, 1996 for retirees and . beneficiaries whose payments commence prior to July 1 • 1995. 1 ;, STAFF SOURCE: Frank Gryglewlcz, Director of Financial s.rw:..'(/~ d JJ lJ..c 01 iii. Recommendation from the Department of Safety Services to approve ~ :..J../+ an ordinance amending Title 7. Chapter 1 C. Sections 1 and 4 of the .... c:5 Englewood Municipal Code allowing for and regulating miniature Vietnamese pot bellied pigs by issuance of a per~·t. STAFF SOURCE: ~~ : /JJ I (i;/ AJt;. ~ t,~acter.of 8afetv s.r ... icn. w ~C.,oJ.J U 1 'WALIJll/rlJ A IJ.Jb.,.,,~ iv. R mendation from the Department of Public Works to approve an ~ ~ ? (J ordinance authorizing the sale of the Federal Fire Station property -located at 4085 South Federal Bou!~v,rd. s:rAFF SOURCE: Charla Esterly, Dnctor of Pubic Works. U/~ Recommendation from the Department of Community Development to adopt a resolution approving a PlanAd Development on the South Denver Medical Plaza with CQf\ditions. STAFF SOURCE: Harold Stitt, Plannng Adn•llabator.{).J~ b . Approve on Second Reading. p 12. General Discussion. a. Mayor's Choice. b . Council Members' Choice. 13 . City Manager's Report . •• Redevelopment Report on Cinderella City . ,.._ note: If you hawe • tlMllillty wl ...... ...., _.• ...... ,a.-llllllly ... City el Erw1 NII C7U-D71tll .... 41 hours In advance ol .._ _._ ........ 1'lllllk ,-. ' ' , I. • 0 I __ I - • City Council Agenda Auguet 21. 199& ...... ' i. • • • Recomme~e\ion ~o _g9 into Executive Sesaion to diacu•• a real estate matter .~ 14. City Attorney'• Report. Adjournmen~,nV'\ 9-·1>/) ,,;---<J The following minute• were tranamitted to Council from 08/04/95-08/17/95: Englewood Public Library Board "'~ ......... N ,-._. • ....., ...... ...., ............. ..., .. CllrelE 91 ... ODIIMII ............... .._.., .................. 1111111,-. ' . • . ' . ' .. ., I. • 0 • • • PUBLIC COMMENT ROSTER AGENDA ITEM 7 LED VISITORS DATE: AUGUST 21, 1115 NON-SCHEDULED VISITORS MAY SPEAK FOR A MAXIMUM OF FIVE MINUTES. EACH PERSON SHOULD SIGN THIS PUBLIC COMMENT ROSTER, STATING NAME, ADDRESS, AND TOPIC OF COMMENT. "' - THOSE PERSONS WHO WISH TO SPEAK IN FAVOR OF OR IN OPPOSITION TO A PUBLIC HEARING, SHOULD SIGN THE APPLICABLE PUBLIC HEARING ROSTER. PLEASE PRINT . ' I . . 0 I ~~)( I ( • • • (• • ENGLEWOOD CITY COUNCIL ENGLEWOOD, ARAPAHOE COUNTY, COLORADO ReplarSalloa l. Call to Onkr The regular meeting of the Englewood City Council was called to order by Mayor Bums at 7:38 p.m . 2. hmlcatioll The invocation was given by Council Member Wiggins . The Pledge of Allegiance was led by Mayor Bums. 4. Roll Call Present: Council Members Hathaway, Waldman, Wiggins, Habenicbl. Vorminag, Waggoner, Bums Absent: None A quorum was present . Also praent: City Manager Clark City Attomey Brotzman Allillul to the City Manager Grace City Clerk Ellis Plannina AdministralOr Stitt Director Esterly, Public Works Director Gryglcwicz. Financial Servica 5. Mia•tn (a) COUNCIL MEMaER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE THE MINUTES or THE REGULAR MH11NG o, JULY 17, 1"5. Ayes : Council Members Hadlafty, Vormiaa,. Wiaial, Hallaliclll. Wagoner, W~ Buns Nays : None Motioa canicd. There were no scbcdulcd visitors . (a) Peter Sa>tt. AUomcy for Front Ranae Pla&iDa, 4500 Soudl Nav¥>, cc,mma!Md oa Aacnda Item 11 (a) (i) wllich deals willl lhe pant ol aa cxdUSM private-al a public ripl<G· way OIi Stanford . He llalcd FIOIII Rup is oppClled to lllia primarily bec:lla lhey 111111 ICCIIII to 11111 mad 10 pt cranes In 10 lift equipment Olllo their root when they reu&ce Ille root or tepair ud ....._. die ,,,_ . , ·- I . • 0 '32xl - • E•c!ewoocl City CCN1ncil Aupst 7, 1995 Page 2 ·, (, • 0 , . • cleansing, scrubbing and cooling units required for their metal finishing business. Mr. Scott advised that if they cannot access the building on Stanford, in addition to hindering regular maintenance of the building, there is a risk of spilling pollutants and contaminants into the lllllOsphere. AJ it is proposed, he noted, Windsor Industries would have the right to fence and block oft' 1CCCSS and prevent the service of the roof units. He pointed CN1t that originally the City considered vacating this paJticuiar right-of-way, which would still pcnnit Front Range ICCCSS to a 20 foot strip that would revert back to lhcm. Apparently, he commented, Public Works decided that there was a possibility that Front Range would not sell that portion of the right-of-way to Windsor Industries. He noted that the City, rather than allow that to happen. elected to grant a temporary, private casement for that right-of-way. Mr. Scott qualioned whclhcr Council bas the authority, by Statute, to grant an casement or otherwise lease a strect or alleyway under CRS § 31·15·702 (I) (a) (I). (b) Tom Francis, President of Windsor Industries, stated they requcslcd that the City vacate the street. Stanford. which ends in a cul-de-sac to the cast . Mr. Francis explained that Windsor Industries owns buildings on both sides of Stanford, using the building on the south for tnining purposes . He cited problems associaled with the fact that the street ends in a cul-de-sac, i.e . inability to landscape, traffic cn1ering the area and turning around as they discover the dead-end. He explained that Windsor Industries has asked the City to vacaac that area with the idea that Windsor lnduslrics would purdlllc from Front Range Plating their half of the street. bowcvcr Front Ran,c declined to do that . Consequently, Mr. Francis stated their rcqucsa is to lcalC the 11rec1 from the City which provides income and reduces maintenance cost to the City and. iD tllc C\'cal Windlor -. tlle City will still have strect. In addressing previous COIDIIICIIIJ aade _,, Mr . Sclall. Mr. Fracil poialed our lllll ~ crucs bavc appeared to service the roal llllils • FINI a.. ......_ tllcy 11111\'C ahnys been litulled CUI al dlcir building on Windsor propcny He__. WilMIIDr 1111 -p'CII diem aay pral,lcm ow:r tbal situalion . (c) Tish Bcaiifold.,.... "• F i 11• Jaior Cllaabcr alC-(Jl)'CIICS), advised that they are.,... .... C-• .,_ C-• ~ 12, 1995 • Supleloe Airpon. She thanked Mayor Bums for die PNc:lmr n prsd a Mplt 12, 1995 • Ciraas Day in Eqlewood and encouraged C\'Cl)'OIIC IO IIICIIII (d) Pelc Mecrr r . E..._ O..W al* c:olando ...._. Aalci•ion. addressed Council regarding Agenda Ilea 11 (a )(•) Hr ..... •..-...•lldlaU'altlle A-=illion's Englewood membership and 11 111c -" .... ,-lie ,olKy Mr ~ coml!ICllled tbal this proposal is ill ad\'ised and •111 plxc 11w £ -~ oa a lol al people . He llaled that a better way to handle the situation II IO .....,. m.ac cw -, _.., to tllosc liccnlecs that are causing problems. rather than subjcaulc all -.blllllaau lO did,..-onliaaacc. Mr. Mecnman noted that Section A al the proporcd ordillacc • ..._., • tllc S.. Liquor Code ud ad'oR:ablc at this time. He stated he feels Section B is ,11pe aad. .._. oa • opillioa fnlm tlle Al10nlcy Gcacnl's Oft"acc, is unenforceable . He questioned the -*111 al Soc:aioll B. i.e . wllo llas IO report, cldinitioa al immedialcly and disorderly act . He com--.1 lllll ulllcll tlle IKliaa is clclrly ckftlled it will be impoaiblc to interpret . Mr. Mccnman IIIICd tbal PllpN!lioe ar mioc:a&ion al a liquor liccw CIIIIIOI occur for violations of local ordinances. Hr lllled lllll lie and City Anomcy Bromnan have dilcuacd this ~ and disagree, as Mr . Brotzman araucs that Home Ruic cities may Cllf'on::c tbac types of replations. Mr. Mecrsman offered. as an alternative, free al cbarF the Allociation' s trainina seminar on raponsible alcohol service. He stated they welcome the participation of the Englewood Police Department. Mr. Mccrsman concluded by saying that he worries that this propolcd ordinance will c:reaac opponunitics for abuse and harassment. He urged CCNIDCil to take I strong look at the ordinance and vote apinll it. (a) considered . .... A proclamation declaring Augusl 12, 1995 as Cimas Day in the City of Englewood was ' } I • • 0 ,, • • En&lcwood City Council August 7, 1995 Pagel ' • 0 I• • COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO PROCLAIM AUGUST 12, 1995 AS CIRCUS DAY lN THE CITY OF ENGLEWOOD, COLORADO. Ayes : Council Members Hathaway, Vorminag, Wiggins, Habenicht. Waggoner, Waldman, Bums Nays: None Motion carried. Mayor Bums presented the proclamation to Tish Beauford. 9 . Public: Hearin& COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO OPEN THE PUBUC HEARING TO RECEIVE CITIZEN INPUT ON THE SOUTH DENVER MEDICAL PLAZA PLANNED DEVELOPMENT. Ayes : Council Members Hathaway, Vonniltag, Wiggins, Habenicht. Waggoner, Waldman, Bums Nays : None Motion carried and the public hearing opened. All testimony was given under oath. Planning Administrator Still staled this is a public hearing for the South Denver Medical Plaza Planned Development which is a development for a 43,000 square foot medical office building located in the 3200 block of South Lincoln Street He noted this matter was brought before the PlaMing and Zoning Commission and approved in April, 1995 with the condition that two issues that were not raolvcd would be resolved before being presented to Council for final consideration. The issues werc thal an agreement be executed between the Archdiocese of Denver and the developer for additional puking and thal adequate protection be provided for the City ditch which runs through the puking lol thal is being developed for this property . Both of the issues have been raolvcd . Mr. Stitt adviled that the applicant and their architect are ready to make a formal pracnwion. In response to Mayor Burns, Mr. Stitt advised thal the agreement with the Arcbdiocae afl>envcr provides for approximatel)' 25 spaces in a parking lol thal is operated by Saint Louis Cbwdl. He llakld it is a reciprocal agreement between the corporation developing this medical building and the An:hdiocac 111 that in the event the Church requires additional parking for their functiom in the evenings or on weekends they can use the medical office building parking and the medical building will have accas to 25 spaces during business hours. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO ADOPT STAFF INFORMATION THAT COUNCIL RECEIVED PREVIOUSLY AND THE PLANNING AND ZONING COMMISSION'S FINDINGS OF FACT. In response 10 Mayor Burns, Mr . Stitt explained thal the delcntion pond is desipod III that water Oowing off the site would leave the site at its historic rate in its undcvclopod IIIIC and would be ddaiDed on the site until it could flow off. Mr . Stitt added that this is a standard ueaunent for surface drainage . Council Member Hathaway asked if there are other areas in the City thal have this type af surface drainage. Planning Administrator Still staled that almost every development that bu a hip dcpw af impenneable surface would have some type of retention or detention, it mi&bt be surface or rval u,p bul that is standard. Ms. Hathaway asked ifwc have had any problem with thole . Mr. Stitt amwered not thal he is aware of. • ...... "' - • I • • 0 • Englewood City CCN1ncil Auplt 7, 1995 Pase, • 0 I • • Mayor Bums asked where the waler goes when it leaves the site. Mr. Stitt Slated he is not sure specifically in this case. however generally the water is directed 10 a street or an alley. He noted that the closest adjaccnl storm sewer in this instance is probably localed at Lincoln or Floyd . Council Member Waggoner noted that this is true as long as it does not drain except at historic rates. Mr. Stitt Slated he believes that is the standard. Vote ft111lt1: Ayes : Nays : Motion carried. Council Memben Hathaway, Vonnittag, Wiggins, Habenicht, Waggoner, Waldman, Bums None Planning Aclministralor Stitt presented Proof of Notice of Public Hearing which was published in the Englewood Herald on July 20, 1995 . I Clerk· s note : Cenification of Posting of Notice of Public Hearing was presented to the City Clerk. J Frank Remes, 320 I South Lincoln Street, asked whal will happen to the alley in the 3200 block of South Lincoln Street He Slaled the retention pond for the alley is the center of the alley and when it rains the water is approximately eight to ten inches deep and does not leave until the 11111 dissipates it. Mr. Ranes Slaled this is the only alley between Lincoln Street and Broadway that bas Macadam (asphalt), all the other alleys are concrete from approximately Yale A venue to the 3600 block. He Slated he is \'Cl)' concerned aboul the alley and the number of cars thal are going through the alley . He requested the City count the number of cars accessing the alley al the present time and then again after the building is constructed. Mr . Remes asked how high the medical building will be and if a traffic impact study was conducled for the in1ersection at Broadway and Floyd Avenue. He noted that for many yean he bas been trying 10 get the City to install a left tum signal going east on Floyd Avenue and the City put up a no left lum sign al thal inlersection . Mr . Remes noted that unless YCNI live in that uea it probably does not bother you al all . However he lives in that block and to tum south he must go around the block . He noted thal people conlinue to tum left at the intersection and he asked that the City do IOIIIClbin& lboul that inlersection and allow a left tum . He Slated this situation was crcaled by the City when they ralipcd that street. If this building is constructed something should be done about that inlenection. Paul F. Glovka. 2757 South Bannock. stated it is his understanding that the City owns the property between the public sidewalk and the street. If so, he asked why the property owner bas the ri&ht to haw: trees cut down in that area. He noted in the 2700 block of South Bannock and oo Acoma there are three: big maple trees about 80 to 100 yean old with a big X them. Mr. Glovka bas been told the property ownen want them taken CNII. Mayor Bums explained to Mr . Glovka that he inadvertently signed up to spcak II the public bearing regarding the South Denver Medical Plu.a Planned Development. He aawed Mr. Glovka that llaff' will look into his concern . Mr. Glovka added that repairing the lidewalks is a wutc of time• the handicapped accessible areas are hampered by the fact that cars consistently park ICIOIS the sidewalk in the driveways . Earl ~ig. property owner in the 3200 block of South Lincoln Street, Slated he addraaed the Planning Commission on this issue and his concerns are similar to those expressed by Frank Remes . He concurred with Mr. Rcmes comments regarding water retention, noted that right now when it rains the water jllll Slands there and unless the alley is repaired it will remain quite a problem . Mr. Lldewi& llaled he is a property owner in the area. he bas seen the plans and bas no objection to the medical building iuelf. He noted traffic through that alley travels at 35-40 miles an hour to get away from the li&hts on Broadway and the alley as not posted with speed limit signs . • • ,. - ... ., I • • 0 • En&lewood City Council Auplt 7, 1995 Page5 • 0 - Council Member Habenicht asked Mr . Ladewig for clarification of his concerns. She stated she underslands he does no1 object to the building itself, that his coacem is for the alley, i.e . alley drainage, speed of traffic . She asked what his real concem is and what remedy he is seeking. Mr. Ladewi& lllted he reiterated Mr. Remcs comments. that the alley is in need of repair, the alley is used as a bipway, the alley currently retains its own water whe-it rains . He noled with a Macadam parltin1 loC and the addition of the medical building there is going to be more water run off. He stated that people UIC the alley instead of Broadway and travel at the IIIIIC speed or faster than they would along Broadway. Council Member Habenicht concluded that his concern is that, with the addition of this medical building, alley traffic will increase and will exacetbate the speeding problem. Mr. Ladewig stated these are his concerns. Council Member Hathaway noled Mr. Ladewig commented at the Planning and 1.onin& Commission Public Hearing that he is corK:Cmed that the wooden fence on his south property line would be damaged. As he did not mention this concern this evening she asked Mr. Ladewig if the issue has been resolved . Mr. LadC\\ig stated that he has been told that the curb line of the parking lot that will be on the north end of that propeny will be at least five feet away from his wooden fence . He stated the developers have been very cooperative . Council Member Habenicht asked that staff' address the corK:Cms expressed by Mr. Remcs and Mr. LadC\\ig . Mayor Bums stated he also has concerns about the drainage issue and traffic problems in the alley which he would like addressed. James C. Morgan, Vice President of Lee Architects, stated he wanted to address the concems tllal bave been expressed this evening . The detention designed for the propeny is on the IIIUthwat portion of the building and the discharge is into East Floyd Avenue, not into the alley . He IIOled there is no ac:c:aa flam their development into the adjacent alleyway . Mr. Morpn stated the Plaonina ud Zonia& Commillion has charged them with improving the existing public ri&ht4'·way with respett to all the concrelc curbs, sidewalks. etc . adjacent to the development for bolh the building site itself and the ~ partillc lol site . He stated this was agreed to and accepted as a condition of the Plaanina Comnaieioe llflllOdl . TIie proposed development, he noted. is within the residential height limit whicb is DOt to -..a l 5 feet . Mayor Bums stated he noticed on the plans that there is a detenlion pond area• die ___. ODrar of the parking lol to the north of the building. Mr. Morgan apologmd ud Med dlcft is a paniaa of die parking lot on the nonh side of the building where the parkin1 loC itself will lie .... • die..._ ,-1 and another ponion in the southwest pan . Mayor Bums asked for the location ol release for the detelltion pond on Ille Mftllalt pan of die putills lol . Mr . Morgan stated that does ao into the alley . Mayor Bums asked if he or staff has measured to determine what kind of historic flow there Im beea from this site into the alley or if they are aware that the alley llas lllllk ud reuins WMer. Mr . Morpa ... that is probably a true statement as Ille alley is in p,etty bid conditioa • waler dull nm throup there ii subject 10 seepage to the subltreet. Council Member Wagoner lllted there is a stalCIIICllt in die ,.,._mendltioM, ud lie -dlit proposed development is subject 10 the~ dull ays all~ COIICllle 1111111 lie bnlupt up 10 City standards . He DOied there are two ditremit types of QIDCllle, -dial ii llllde widl cea.nt ud one is made with uphalt . Mr. w...-, stated aspllakic coacnlC is wllM ii .. ill dull alley ., lie assumed that this means that the adjacent alley will lie bnJu&ht up to City stalldlnls. Mayor Burns stated he has the same question . Mr. Morpn stated he fecls llley -W qnc to Ille requiftmcnl to briq up to City standards the ponion alley that is adjacent 10 their pnipeny. Council Member Wagoaer llked if it would be cement concrete . Mr Morpn stated II would prablllly lie asphlh paving. Mr . Wagoaer stated •• ...... ,,, - I • • 0 \ I I,.,· , - • Englewood City Council Aupst 7, 199!1 Page6 • 0 • that asphalt just docs not hold up in alleys and noted his personal preference would be for the alley to be paved with cement concrete. Kirby Ross, representing J 2 99 South Lincoln Street Partnership, noted they have no vehicular access to the alley way . He stated they recognize the condition of the alley, but that he cannot speak IS to wbcthcr they will agree 10 totally redo the alleyway in concrete. In response 10 Mayor Bums, Mr. Morgan Slated he feels it is fair to say the alley, all the way through that block, is in a substandard Slate . Council Member Wiggins suggested. as an alternative, letting the water drain to Floyd rather than letting ii go 10 the alley . He asked if that would be more acceptable to the cbelopers than npairing the alley way, as ii appears the alley is the City's problem . Mr. Morgan Slated they would agree to make that adjustment to the drainage plan and connect it back to the detention on Floyd . Mayor Bums asked if there is enough room nell.1 to the building 10 do that . Mr. Morgan advised that they can hold the detention and just have controlled disbursement . The consensus of Council is that this is acceptable . Mayor Bums staled that is a good solution . Council Member Hathaway asked if staff agrees with this as well . Planning Administrator Still advised that the normal procedure for upgrading an alley or street is to place ii in a paving district. Consequently, staff suggCSIS that al such time as the entire alley needs lo be repaved that ii be handled in that manner and that this development not be required lo make any improvements to the alley . Discussion ensued . Council Member Habenicht asked if any traffic impact studies have been done relative 10 the intersection of Floyd and Broadway . Mr . Morgan staled they were not required to do a traffic impact SIUdy . He noted they have a total of 141 parking spaces, including the parking spaces they have aa:as 10 through the reciprocal parking agreement. which is a fairly minor impact in terms of traffic count on a roadway . Mayor Bums Slated he has wondered about this as the inlenection of Floyd and Broadway is an ongoing issue . He asked if Dircc1or Esterly had any comment as 10 wbcthcr this development will have any impacl on that in1erscc1ion . Public Works Director Esterly Slated that when this proposed project went through the review process they looked at the traffic impaclS of ii and the traffic that will be geoeraled from this lite is minor in relation to the total traffic at that intersection . Consequently. the City did not require any apccial lrd'ic lludies for this parucular dcvelopmenl a1 that location . Mr . Esterly advised lhal lbcre are on-going lludies o(lhal location . Council Member Habenicht staled that Mr . Esterly indicated that thcre is not a llignificant impaa from this particular proposed dc\·elopmenl, however ocher comments indicalc lbcre is I lligniflCIDl prublem ll that location . She asked if. even though the proposed dcvclopmenl will not significantly impaa the area, it could possibly make it I linle bit worse . Dircclor Esterly Slated that every dcvdopmenl that occurs anywhere along the Broadway corridor could be construed IS impacting this particular illlenection and that includes projects as far down IS Highlands Ranch. He maintained that the mapilllde of the lrd'ic generated by this development will not have I noticeable impact on the inlencction. Council Member Hathaway SIited that Poll otrtce traffic impaclS that inlencction and wben Kina Soopcn expands their parking lot ii will impact that intersection . She asked if the City has required them to pul contingency funds into perhaps upgrading the signal 11 that intersection . Ms . Hathaway stated if we have not then ii seems unrealistic 10 require this applicant lo do so . Director Esterly 5llled that they 111w DOI required IR)1hing of King Soopcn u far IS upgrading that signal, however IS they control the property ll that intenection they arc commi11ed to I future acquisition or right-of-way Ilona Floyd 1h11 will allow for an additional lane for 1umin1 movements II that localion . He added 1h11 this project does DOC control • •. I • • - ,, • • • • {. E•&ln'ood City Council A•pa 7, 199!1 ••• 1 property at that intersection, the City CODtrOls a lot of it as the City owns a puking lot al that loc:ation . Discussion ensued . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO CLOSE TBE PUBLIC HEARING. Ayes : Council Mcmbcn Hadaway, Vormitta&, Wigins. Habalicbt, Wagoner, Waldman, Burns Nays: None Motion c:arricd and the public bearing doled. In raponse to Council Member Hathaway, City Anor.y BRllmlaD explained tllll Council will Cllllllicler the resolution, approving this Planned Dcwlopmall wi .. paaillle CIOllditiolll, a the Mpll 21, 1995 RgUlar City Council meeting. 10. CoaRDt A .. da COUNCIL MEMBER WALDMAN REMOVED AGENDA ITEM 10 (a) (II) FROM THE CONSENT AGENDA. COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO AnROVE CONSENT AGENDA ITEMS 10 (a) 0), (Iii), (Iv), (v) ud (vi) ON FIRST READING. (a) Approve on First Reading (i) CON'JllACT WJ11I S11 MOBll.E COMMUNICATIONS IN 11fE AMOUNT OF $20.770 .20 FOR 11fE RADIO MAINTENANCE CON'JllACT. (iii) MOTION EXTENDING 11fE VAN SCHOONEVELD AND CO ., INC. CONTRACT FOR AUDIT SERVICES FOR 11fE 1995. 1996 AND 1997 AUDIT YEARS . (iv) CON'JllACT WJ11I WIU.JAMS EQUIPMENT (VAC CON) IN 11fE AMOUNT OF S1.a2 .750 .00 FOR 11fE PURCHASE OF A SEWER LINE a.EANING'VACUUMING MACHINE (VACTOR TIUJCK). M CON11lACT Wl11I ROCKY MOUNTAIN DECKS a FLOORS IN 11IE AMOUNT OF $21.960 .00 FOR 11fE REPAIR OF 11fE ENGLEWOOD RECREATION CENTER INDOOR RUNNING lllACK SURFACE . (vi) CON'lllACT WrrH PRESTIGE POOLS IN 11fE AMOUliff OF 126.150.00 FOR 11fE REPLACEMENT OF 11fE ENGLEWOOD RECREATION CENl1!R SWIMMINO POOL DECK SURFACE . Vote Rault1: Motion carried. Ayes : Nays : Council Members Hathaway. Vormitta&, Wigins. Habalicbt, Wagoner, Waldman, Bums None ••••• 10 '(1) (ii) Council Member Waldman expraeed COIICICJII .._die,..... council bill amendina ICIClions of the Code relllina to die UMlllllelll of .anidpll ftmda lllowl OIIC pmon. the Director of Financial ScrviCla, to inaa the City'1 flllldl widloul CIOIIUOI . .... ,,, - • " I . • 0 1 32xl • E•&lewood City C1N1ncil Allpll 7, 1995 ••se• (, • • • City Manager Clark explained that the City has adopled an Investment Policy which indic:ala which instnunents ue invested in. He noted Council will be reviewing the Investment Policy It the ncxt Sludy Session. Oven.II responsibility for the lnvaamem Policy implementalioa, he ltltCd, ii the City ManaFr's which is delegated to the Director of Financial Services. Mr. Clark maintained tbal Council's C1111a111S will probably be cleared up by taking a look It the Investment Policy. F~ he ltltCd, lheR is another layer of protection through Colorado Stale law which requires all financial imlilUla. to have any investments, panicularly over the insured requirements, to be collalcnlizal and the City is rauic:lal to making investments only in Colorado institutions. He DOCCd the City has aa ill\'Cllmcnl advillJr tbal provides a quanerly repon. Council Member Habenicht asked if the lnvaamcnt Policy ii RViewed by Council each year and adapted by ordinance or resolution. City Manager Clark Slated the Policy is adopled by resolution. Director Gryglewicz advised that the current Investment Policy was adopted in 1993 . Mr. Clark DOCCd thal it is staff's' recommendation that the Policy be adopted every year by resolution . Council Member Habenicht concurred with Council Member Waldman regarding the accountability islue. She stated she feels it is imponant to maintain checks and balances and that she might be more aupponn,c if the issue were to come to Council as an ordinance as opposed to a resolution. City Attorney Brotzman li&ated that at this time Council does not review the policy every year and 'MIii Financial Services is proposing is that Council review this every year by resolution. not just when something changes in the Code. He pointed out that the inlcol ii to have Council review the policy - often. Council Member Habenicht stated her concern does noc ill\'ohlc hquency. but rather the le\'d or aa:ouniability. Disawion ensued. City Manager Clark suggested CouaciJ pu1 this islue oa hold until Council reviews the entire lnvaunent Policy 10 they can see how ewrythina fu lOFther. Dilcussion ensued. Direaor Gry~'icz explained thal the illlalt or this proposed council bill ii to clarify t.v coaOictiaa ilems. The Code, he poi111ed OUl. has IIOI beell upclaled i• IIIIIIC time and the lnvallMDt Policy • been ~iN'Cllt and adopted by COUIICil -~-TIie proposed chaates will cider to the IIMllllleDI Policy and direas thal i1 will be nMellled -i1y ad adopted by resolutioa, tllus clarifyula wllidl is ia dl'ect. Mr. Gry~'icz IUted that the City's I~ Policy is very extcasiw, has -c:hecb and balances and is -CIOIIICf\'alM thall Slate law. City Manaaer Clark DOCCd this can be put into ordinance form if Council wishes. however 1111' feels this will work much easier for praent and fulwe Councils and 1111' by cloin& is by resolution. Discussion ensued. Council Member Hathaway Slated she would like to IIICM to llble this item in lipl or the fact tbal Council has noc reviewed the Investment Policy . Mayor Bumi aped with Ms. Hathaway. COUNCIL MEMBER HATHAWAY MOVED,AND IT WAS SECONDED, TOTdU: CONSENT AGENDA ITEM It (a) (II)· COUNCIL BILL NO. 41 TO THE AIJCUST 21, 1"5 CITY COUNCIL MEETING. Ayes: Council Members Hathaway, VClflllinaa, Haheaic:llt, Wqpaer, Waldmaa, Bums Council Malbes Wiaias .... I . • 0 'a2 x l I • ·, Eackwood City Council Auplt 7, 199!1 Pace9 Motion carried. <. ,,,_ • • , . • COUNCIL MEMBER BA TBA WAY MOVED, AND IT WAS SECONDED, TO APPROVE CONSENT AGENDA ITEMS JO (II) (I) THROUGH (vii) ON SECOND READING. (b) Approve on Second Reading (i) ORDINANCE NO. 36. SERIES OF 1995 (COUNCll. BD..l. NO. 35), INTRODUCED BY COUNCll. MEMBER HA111A WAY AN ORDINANCE APPROVING SUPPLEMENT NO. 126 TO THE SOUTHGA'IE SANITATION DISTRICT'S CONNECTOR'S AGREEMENT W11H THE CITY OF ENGLEWOOD, COLORADO FOR THE INCLUSION OF LAND Wl1HJN THEIR DISTRICT BOUNDARIES . (ii) ORDINANCE NO. 37, SERIES OF I 99S (COUNCIL Bill NO. 39), INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE SUBMl1TING TO A VO'IE OF THE REGIS'IERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION PROPOSED AMENDMENTS TO THE CHAR'IER OF THE Cl1Y OF ENGLEWOOD, COLORADO REGARDING FINANCE ADMINISTRATION (iii) ORDINANCE NO. JI, SERIES OF 1995 (COUNCIL BD..l. NO. 40), INTRODUCED BY COUNCll. MEMBER WAGOONER AN ORDINANCE SUBMl1TING TO A VO'IE OF THE REGISTERED ELECTORS OF THE STA'IE OF COLORADO WHO ARE OWNERS OF PROPERTY Wl1HJN OR RESD>en'S OF CONCltE1E REPLACEMENT DISTRICT 199S OF THE CITY OF ENGLEWOOD AT THE NEXT SOIEDULED GENERAL MUNICIPAL ELECTION A QUESTION AUTHOIUZING THE ISSUANCE OF DEBT TO PAY FOR THE IMPROVEMENTS . (iv) ORDINANCE NO. 39. SERIES OF 1995 (COUNCIL BD..l. NO. '1). INTRODUCED BY COUNCll. MEMBER HABENICHT AN ORDINANCE SUBMITTING TO A V01E OF 11IE REGJSTERED ELECTORS OF THE CJ1Y OF ENGLEWOOD AT 11IE NEXT GENERAL MUNICIPAL ELECT10N A QUESTION RELATING TO 11fE ISSUANCE OF BONDS AND AU11IORIZATIONFOR A PROPERTY TAX INCREASE TO PAY FOR THE PROPOSED IMPROVEMENTS TO THE COMMUNICATIONS FACllJTY AT 11fE SAFETY SERVICES COMPLEX AND THE PURCHASE OF COMMUNICATIONS EQUIPMENT. M ORDINANCE NO. 40. SERIES OF 1995 (COUNCIL BD..l. NO . 42). INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE SUBMl1TING TO A V01E OF 11fE REGISTERED ELECTORS OF THE CJ1Y OF ENGLEWOOD AT 11fE NEXT GENERAL MUNICIPAL ELECT10N A QUESTION RELATING TO THE ISSUANCE OF BONDS AND Al111tORlZA110N OF A PROPERTY TAX INCREASE TO PAY FOR 11fE PURCHASE OF FIRE EQUIPMEHJ'. (vi) ORDINANCE NO. 41, SERIES OF 1995 (COUNCIL BD..l. NO. 45), INTRODUCED BY COUNCIL MEMBl!ll HA111AWAY AN ORDINANCE AMENDING THE WAS'IEWA'IU U1UJTY ORDINANCE 1111..E 12. OIAP11!R 2. SECTION 7, OF THE ENOLEWOOD MUNICIPAL CODE 1915 PERTAJNINO TO DAll.Y • .. .... I . • 0 , • Englewood City Council August 7, 199~ Paie 10 • 0 I • • MAXIMUM ALWW ABLE INDUSTRIAL WADING OF POUNDS PER DAY FOR POLLITT ANTS AT THE LITil..ETON/ENGLEWOOD WASTEWATER TREATMENT PLANT . (vii) ORDINANCE NO . 42, SERIES OF I 99S (COUNCIL BILL NO. 47), INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE AUTHORIZING A LICENSE AGREEMENT BETWEEN HE HUDSON · FOUNDATION AND THE CITY OF ENGLEWOOD, COWRADO FOR A DIVERSION GA TE STRUCTURE AND PIPE TO BE PLACED ON THE CITY DITCH . Vote re111III: Motion carried . Ayes : Council Members Hathaway, Vormiuag. Wiggins. Habenicht, Waggoner, Waldman. Bums Nays : None 11 . Ordinances, Resolutions and Motions (a) Approve on First Reading (i) Director Esterly presented a ra::ommendation from the Department of Public Works to adopt a bill for an ordinance authorizing the Cily to enter into I lease agreement with Windsor Industries for their usc of a tract of land bdd by the Ci1y as riglll4".-y for Stanford Avenue . He explained that this proposal was initiated by Communiay Dcvdopmcal as an economic development issue. Over the last eight years. he noted. Windsor has IIStClllblcd pan:ds of pn,pcny as its operations have continued to expand. Mr . Esterly SWCII thal lcuc of die riglll4°-'Q)' will provide increased sccurily and allow more efficient usc of available land for puling and landa:aping. He IWcd it is unlikely that Stanford will be extended continuously to the all as dlae me lignificanl gndc problems in addition to the Cily ditch being there. He noted the advlllllge to lhe Ciay in providing a long tenn lease is that if Windsor decides to disassemble the property the Ciay would still have the public right-of-way to serve all the parcels that would then exist again. Staff believes they have ncgotialed a fair lease proposal with Windsor Industries and recommend that Council approve the lease . Council Member Hatha\\"B)' asked City Attorney Brouman if approval of this lease can be made contingent on a signed agreement between Windsor and Front Range Plating for Front Range to have access to that property . City Attorney Brotzman Slated the only panics to the lease are the City and Windsor as the City owns that property. Director Esterly pointed out that Item No . 5 of the lease, which addrasa MRi&hll of Grantor", utcs that the City of Englewood "reserves the full right to the undistwbcd owncnhip, use and occupancy of the Easement Property insofar as said ownership. use. and occupancy is consistent with and does not impair the rights granted to Grantee." Furthermore, he Slated, it says that if we go in there and distulb anything it is Windsor Industries ' responsibility to pay for any damage that is done . Council Member Hathaway stated that she is asking. if Front Range needs the access and cannot get the access because the City has granted this agreement to Windsor Industries, who has to enforce it. City Attorney Brotzman advised that the Ci1y must provide enforcement. Council Members Waggoner and Hathaway stated that they feel the City should ha,-e this in writing. City Manager Clark stated the City retains some easements in the agreement and asked if an eucmcnt can be retained for Front Range to access the property . .. -•• "' - • I • • 0 '32xl • Ea1lrwood City C1N1ncil Auplt 7, 1995 Pace 11 '· • ,, - 0 • Council Member Waggoner Slated Front Range bas indicated they need to get through on the cast side of the building. which is Windsor property . He 111ggaled both parties get together and provide an aa:ess lease prior to CINlncil approval. City Manager Clark stated we cannot forte Windsor to grant an euemcnt to Front Range. Council Member Hathaway Slated that Windsor Industries bas indicated they do DOI ~ a problem with Front Range accessing their property for purposes oCbuilding and equipment mainlenucc. She staled she would like to sec it in writing. COUNCIL MEMBER WAGGONER MOVED, AND IT WAS SECONDED, TO TAaLE AGENDA ITEM I l(a) (i) -COUNCIL BILL NO. 44 UNTIL SUCH TIME AS WINDSOR 1NDUS11l1ES AND FRONT RANGE Pl.A TING CAN GET TOGETHER AND REACH AN AGREEMENT FOR PUBLIC USE. Mayor Bums stated he will abstain from voting as he rcali7.ed as he reviewed this that he rcpraentcd a private client in about 1988 or 1989 that sold the building to Windsor Industries and his client supplied a considerable part of the campus for the company . Motion carried . Ayes : Nays : Abstain : CINlncil Members Hathaway, Vormittag, Habenicht, Waggoner, Waldman CINlncil Member Wiggins Mayor Bums (ii) Di!fflor Giyglcwicz prescnled a nc:ommcadalion from the Department o( Financial Services to adopt a bill for an ordinance amcndin& the Liquor Licensing Authority leCtioa o( the Englewood Municipal Code relatin& to conduct of liquor CSUlblisluncDts by adding Section 12 to Title S, Chapter 3A . He explained that Section 12. parapapb A addrcas the CODduct olthe licenled establishment and mirrors State Statute . Section 12, paragraph B ICIS forth the requirements for reporting of any unla\\ful or disorderly ac1 and Section 12, puaanph C establishes the penalty for violations of these scctions. In response to Council Member Hathaway, City Allomcy Brauman confirmed that paragraph A is the State Liquor Code. paragraph B is not in the State Liquor Code . He explained that paragraph B basically requires a phone call to the police department if there is a bar fight. Mr . Brotzman DOied tbal IIIOll o( the liquor licensees call the police, however, the City bas bad two incidents were bar fights IIIOYed out into the IIJeCI and the police were not called . Both cues came before the Liquor Licensing Authority and because we did not ha,'C this requirement in our code we were -hat ralricled. CINlncil Member Hathaway asked. in answer to Mr. Mcenman's question, whether Home Ruic cilia can enforce different standuds of State rcgulalions as puaanpb B and C are Eqlcwood'1 modificalioa of the Liquor code . City Anomcy Brauman stated En&)cwood is a Home Ruic municipality and the Aaoncy General 's opinion, which is included in CINlncil's packet, is in l'CIJIOIIIC to a llalUlory city . He coa6nDed that as a Home Ruic municipality we can enact lqislalioa in this area as DclMr, Littlcloa. WCllllliallcr and Aurora already have . He stated the languap: in puaanpb Bud C minors the lanauqe in all of the municipalities that have adopted these restrictions . Mr . Brownaa stated that there is no criminal penalty under paragraph C. He explained that police calls are DOI held apinsl the licenlec at the time of renewal, but. if they do not call in a liquor violation, that is held api• the lic:cnlec . CINlncil Member Hathaway staled that Mr. Mccrsman al111 mentioned the wording in puapaph B and she agreed \\ith his concerns . Specifically, she pointed INII that as the puapaph rads -it appears tbal two people have to make the report . ' I • • 0 I\, r ,., '32xl • En1lewood Cily Council Aupll 7, 1995 Pase 12 ,. • • • Council Member Waldman questioned lhe reportina lime frame and uked iflhe paragraph could be amended 10 chance "shall immediately repon" IO "shall report wilbin 48 hours" OI' "wilhin 24 hours." City Attorney Bl'OIZmall Slated that lhe inlelll is tbal if !here is a blr figbl and lhe blr owner ripdillly puts lhe fighters out in lhe SIRCI we want ui iromodiale phone call to lhe police deputment in order IO have the police break up lhe fight This is trying IO prevenl simply moving Ille figbl OUI into Ille llreet and closing lhe doors. Council Member Waldman questioned. a,eaing beck IO Mr. Meersman 's a,mmenlS, whal a,nslitutes disorderly conduct. City Attorney Brotzman advised tbal puqrapb A addresses that . The Clerk was asked to rad Council BiU No. 46 by title: COUNCIL Bll.L NO. 46, IN'mODUCED BY COUNCIL MEMBER HAIBAWAY A BILL FOR AN ORDINANCE AMENDING TITLE 5, CHAPTER 3A, OF 1llE ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTION 12, DISORDERLY BEHAVIOR; REPORT BY LICENSEE PERTAINING TO LIQUOR LICENSING AUIBORITY FOR 1llE CITY OF ENGLEWOOD . COLORADO . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (ii) -COUNCIL BILL NO. 46. COUNCIL MEMBER HA TBA WAY MOVED. AND IT WAS SECONDED, TO AMEND PARAGRAPH B TO READ "ANY LICENSEE. OR ANY MANAGER OR AGENT OR EMPLOYEE OF A LICENSEE. SHALL IMMEDIATELY REPORT TO THE POLICE DEPARTMENT ANY UNLAWFUL OR DISORDERLY ACT OR CONDUCT .AS SPECIFIED IN PARAGRAPH A ABOVE COMMITTED ON THE LICENSED PREMISES." Council Member Habenicht a,mmcnted tbal if she-. a bar and --used pro(alle lupap Ille a,uld ask that person to quit using profane language and it stops lhen !here is not problem . She pointed out that because the way this proposed ordinance is worded because !here has been u a&aa the liclenlee would be obliged to call in the repon of profane language. Ms . Habenicht lilalcd she feels Ibis places u undue burden on the licensee . She noted the a,ncem seems IO be when lhe disorderly conduct ps outside of the premise and she requested that Mr . Brotzman a,mc up with lhe appropriate wordiq tbal would alleviate the licensee of this undue burden . Vote rct11lt1 1111 amcndmcat: Ayes : Nays : Motion carried . Council Members Hathaway, Wiggins, Habenicht. Waggoner, Waldman, Bums Council Member Vonnittag Council Member Waldman Slated that bis biggest a,ncem with Ibis proposed ordinance is if City does not grant a liquor license what authority do we have to suspend or revoke . Council Member Hadlaway explained that the City · s Liquor Licensing Authority has lhe authority to do lhe SUlpCIISioa OI' mocalioa. City Attorney Brownan stated that lhe Liquor Licensing Authority has lhe power IO i-. llllpClld and revoke liquor licenses currently . Council Member Wiggins . addressing Council Member Waldman's ClllllCCm rcpnlina lhe ,eponiDa period, advised that lhe pbruc IO report "inunediately" ii used Wider Ille Slltulc penulll lDOD wlliclc ac:cidcnlS. He explained that immediately means wilbin a lalOlllble lime period wbidl is Ill tllcy can Ilk for . ..... • . ... I • • 0 [ ,. r 1 I "' '32xl • E•cln'oocl City Council Aupst 7, 1995 Pace ll . . • • , . • Council Member Habenicht stated that she fully supports the intent oCthis ordinance, but at the same time she feels very uncomfortable as this seems like an unnecessary bunlen on the liccmee because oCthe fact we are trying to take care of things outside the licensed premises . She feels this oblipta them withia the premises which could open them to Ill sons oCbarusment by u YDPlidied aistomer, ecc. If the language of the ordinance rdlected the intent, she llaled. it _.Id be much easier to support and she felt the Restaurant Association would probably suppon thal as well . Lengthy discussion ensued and City Attorney Brotzman clarified the intent oCthe praposcd ordinance . Vote raulla oa Council Bill No. 46 u -ded: Ayes : Council Members Hathaway, Wigim. Wagoaer, Waldman, Bums Nays: Council Members Vorminag, Habcnic:bl Motion carried . (iii) City Manager Clark and City Attorney Brotzman praenled a ra:ommeodalioa from the City Attorney to adopt a bill for u ordinance submitting to a wte oC the registcn:d declars oC Englewood a proposed Charter Revision on Career Service System . City Attorney Brotzman explained that this adopts the full implemealation oC a bearing officer nilbcr than u ad hoc committee . City Manager Clark advised that this incorporates Ill oC the Career Service Board ~. The Clerk was asked to read Council Bill No . 38 by title : COUNCIL BILL NO . 38, INTRODUCED BY COUNCIL MEMBER HATIIAWAY A BILL FOR AN ORDINANCE SUBMJ1TING TO A VOTE OF 1llE REOIS1EtED ELECTORS OF 1llE CITY OF ENGLEWOOD AT 1llE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION PROPOSED AMENDMENTS TO 1llE CHARTER OF 1llE CITY OF ENGLEWOOD, COi .Qll~ REGARDING 1llE ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT DEFINITIONS, BARGAINING RIGHTS. SUBJECTS FOR COLU!C'l1\IE BARGAINING. IMPASSE RESOLlITION, 1llE CAREER SERVICE SYSTEM, CAREER SERVICE BOARD, DUTIES AND POWERS OF 1llE CAREER SERVICE BOARD AND EFFEC'l1VE DATE•VES"ral> RIGKJ'S UNDER 1llE CAREER SERVICE SYSTEM TO PROVIDE FOil A BINDING ARBITRATION PROCESS . COUNCIL MEMBER HATHAWAY MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iii) • COUNCIL alLL NO. & Motion carried. Ayes : Council Members Halbnly, V«milla&, Wigiaa, Habcnicbl, Waggoner, Waldman, Bums Nays : None (iv) City Attorney Brotzman prelCllled 1 ~ 10 adopt a bill for u ordinance prohibiting jury trials for juveniles ia Municipal Court. He explained dial cumady Wider the general penalties of the City juveniles may DOI be RDlenced to jail . As they may ao1 be lalleaced to jail he recommended that the trial by jury also be eliminated. Mayor Bums questioned whether this paues c::onslitutional lllllller. Mr . Bromnaa _... bim ii ... The City Clerk "u asked 10 read Council Bill No . ,1 by title : COUNCIL Btu NO . ,1 . INTR0DUC£D BY COUNCIL MEMBER WIOOINS A BILL FOR AN ORDINANCE AMENDING nn.E I, OiAPTER ,. SECTION I, BY ADDING A NEW SUBSECTION C. EmITLED TRIAL BY JURY FOR JUVENILES . ...... "' - ... I . • 0 I • Englewood City Council August 7, 1995 Pace 14 • 0 I• • COUNCIL MEMBER WIGGINS MOVED, AND IT WAS SECONDED, TO APPROVE AGENDA ITEM 11 (a) (iv) -COUNCIL BILL NO. 43. Ayes : Council Memben Hathaway, Vonninag, Wigins. Habenicht, Waggoner, Waldnian, Bums Nays : None Motion carried. (b) Approve on Second Reading There were no additional items submitted for approval on second reading. (Sec Agenda Item 10 -Consent Agenda .) 12 . General Discu11lon (a) Mayor's Choice I . Mayor Bums stated that we did noc receive, in the Senate version or the budget, the light rail funding request of$ IS million . The $IS million included $6 million for final planning and specifications, $7 million for right-of•way acquisitions and $2 million for the Cinderella City redcvclopment. He stated this project is far from dead and there may be other sources of funding . He Slated the National Highway SySlcm Bill is still ali\'c and will be put to bed in September and that can authorize: .-llaJ1S for the legislation . 2. Mayor Bums stated that he was able to panicipatc in National Night Out, visited several placa and found it to be an c"cellent C"JICricnce . 3. Mayor Bums advised that he was at Ted's Cus&om Tailor's on Saturday and was told that there was a break-in at the Slorc nc"' to his . The burglars had cut the window out. He undenlands thRic or four places were hit at the same lime along Broadway and that this happens a lot. He asbd for information on the police patrols in that area and how the police department coordinara with the burglar alarm systems as this seems to be a constant threat to the businesses along Broadway . (b) Council Member's Choice (i) Council Member Hathaway, reporting as a member of the DRCOG Board of Directors. rcponcd that Eric is requesting that wc allow them a 208 Permit for expansion of their 1CWCr treatment plant. She ad\'ised that Council may receive calls from Eric council mcmbcn relative to this request . Ms. Hathaway advised that there is kind of a <lOIIICllad o( the DRCOG Board that since Eric has hiS1orically shown that they cannot comply with their dilCbarJc permit rqulalioas that maybe it is IIOl 11 this lime an astute IIIO\"C to allow them to cxpllld their plant. She Slated that II this time she will be \'oting no to their c"pansion request . (ii) Council Member Wigins: I . He asked that Council Member Habenicht clarify her E·Mail message that asked if wc lilied die walls/Danmouth decorations . She confinncd that this is the low rise, the cin:ular half moon that goes up on the west side . Mr . Wiggins asked what control the City has over the Highway Dq,artmcnt. Mayor Bums ad\'ised that this issue came up at the Tri-Cilia meeting last week and Direc1or Esterly advised that those arc modular and can be lifted out. Mr . Bums asbd Council Member Habenicht ifdle nc"t Slcp 1s to approach the Highway Dcpuunent. ..... .,, - •. ... I • • 0 I - • • • E•ckwood City Council Auplt 7, 1995 Page 15 • • • t• • Council Member Habenichl said yes. bul noted they intend to look at the original drawings to see how that uacks wilh whal was presenled. She advised that mos1 of the Unlcton City Counc:il members ue not happy wilh ii. Mayor Bums said it was prubably an honest lllempt to make the wall loot beaer, but be qrees it ii praty strange. Council Member Wiggins ubd that Counc:il 111C1eM mpies of the original plan few compuiloo. Council Member Habenicht qRed ud added dull that ii what they ubd for II the Tri.Cities meeting. Council Member Halhaway commaMed tllal tllal panicu1ar desip does axt of panem the clam shell design !hat exists in the Downtown Dewlopllleal Alllbority uea. She Slated that, panted, it is not • perfect representation of it. bul it does panem it ud ma)1le that is what they had in mind. Council Member Habenichl explained lhal ii was suppose 10 be 111111ething to break up the monotony of what was considered an ugly wall and this wu the solution . She dated thal she wu looting for -feed back wilh her E-Mail message . Discussion ensued . 2. Mr. Wiggins advised lhal !here is• weed problem at the priwte lol at the iatheasl aner of Huron and Belleview, which occun annually. Also, he noted !here ue weeds al the -.lheul aner of Hickory and Prentice. 3. He asked if South Suburban pulled I penni1 for the concrae won along the sidewalk OD the west side of Soulh Suburban. adjacen1 to Windermere and if they will be complyina wilh City coacrete requiremenlS . 4 . He staled the sprinklers at Belleview Park need to be adjusted• there ue 11ae dly ipOCI ud be ad\'iscd he has talked to Chris Korba about this IDd he will take care of ii. (iii) Mayor Bums ubd if they ewr got an answer on the landrapina ~ 11 Windermere and Bellc\'iew ou1side 1he fences for the ball field . He staled Ibey mowed ii. but it is I mas and he asked if !here is any plan 10 landscape lhe uea. Council Member Wiggins stated he bu plans and he offered 10 bring them in. Discussion ensued . (iv) Council Member Wagoner: I. He Sl.lled at Nllional Nishi Out be RICICMld three oomplaints tbll be WIIIIIIII to pw aloe&-He was told lhe stRet by Julia Temple, at Girard IDd Lafayeac. _. FU awepl. He -adYiad dull peaplc Ille still lllming left II the intenectioa of Bniadway ud Floyd IDd they ...... dilSliaMI anuM C. lhe pavemenl or 11 leasa some aood enfmt. Alto. aneral peaplc oomplaiNd allaut die Id of visibility of palrol officers in nortbcall Enpcwaod. • tlley clo IIO( -amcas ia --_, ... 2. COUNCIL MEMHR WAGGONER MOVED, AND IT WAS UCONDU. TBAT COUNCIL SUPPORT THE PARADE ASSOCIAnGN IN TBUll UJOR'IS TO IIONIOll Tim HOUDAV PARADE IN ENGLEWOOD av CONTalaUTING SOME IN-KIND UavJCa TO THE EXTENT OUTLINED av THE CITY MANAGER AND av CONTamUTING IIIATCIIING CONTRlaUTIONS NOT TO EXCEED 11,111. ..... • . ... I . • 0 '32xl • • • - En&lewood City Council Augull 7, 1995 Page 16 Council Member Wiggins DOied Council's Aid to Other Agencies Budget is $300 in the hole. He asked where the funds will come from . Mayor Bums stated he felt the motion should be made subject to availability of funds. Council Member Wiggins litalcd it looks like the Parade Associalion is IC)ing to be able to nile the funds and with whal they have it appears they may axne w:ry close to what they Wlllt. Council Member Waggoner litalcd be will law: his IIIOlioa u litalcd. Council Member Wiggins Slated be will Wle for the Ii,. pan of the motion, but not to give them any more money as they have enough in-kind servic:cs, well over SS,600. Mayor Burns asked if Council Member Waggoner will be willing to split his motion to vote Ii,. on supponing the Parade Association and then second on the money. Council Member Waggoner reiterated that he wanted 10 vote on the motion as stated. Vote rHUlls: Ayes : Council Members Vormittag, Habenicht, Waggoner, Waldman Nays : Council Members Hathaway, Wiggins, Bums Motion carried. Mayor Bums staled that the only reason he voted against it is because they do not know where the money is coming from and he did not feel comfonable doing that. He noted be cenainly suppons the parade. Council Members Wiggins and Hathaway concurred with Mayor Burns comment. (v) Council Member Waldman: I. He advised that there is a malfunctioning light al Pennwood Circle and Bellewood Drive. 2 . He stated that be spoke al len&tb with the block captain for the leClion of South Part StRet "' - located on the eas1 side of Duncan Park, rqarding the opening of the restroom al Duncan Put. He advised that previously he has discussed this issue with residents on South Pennsylvania StRCI. The concerns voiced 10 Mr. Waldman by the residents involve lighting in the park. prublems with the condition of the restrooms and the unattraclive appearance of the tempon,y pon+potties. Mr. Waldman suggested placing a wood camouflage around the pan-a-potties nitber than uyiq to re,q,en the restrooms. Council Member Habenicht stated that the a,a in question was one of her ncipborhood watch 11op1 and she has discussed the problems with the residents there. She related thal IOl1IC of the improvcmenu in lighting have been done and she unde.-.nds that, although some of the lighting projects lake a little bit of lime, they will be ac:c:omplishcd . Mayor Burns requested I funber repon on what's going on there and what the plans are. 3. He related that he discuacd the incident at the Englewood Golf Coune relating to an allepd liquor violation llith the president olthe men's club. Mr . Waldman said thal. if Council has lunhcr discussions on the matter. be ll'OUld like to receive inpul from persons who were praeat durina the incident so lbal all points of view will be heard. ,. He rccei,'ed two ..-,es oa lais auwerina machine from a -requaaina be call Rcpresentati,-e Dan Schaefer about an isaae lboul whicll be bad no kaowledae -He ululd about the appropriale rapODIC to this type of ...... .. .... ..... I • • 0 1 32xl - Eaatewood City Couacil Aaplt 7, 1995 Pace 17 ' • • I• • Council Member Hathaway said she feels the response is the personal choice of the Council Member . Council Member Habenicht stated that she, too, received • call from this group 1111d wu Ible to make several phone calls, after which she determined this wu not a municipal iauc. 5. He asked about the status of the Home Lumber propeny. Mr. Clark stated that he will find out when the appraisal on the propeny is due. (vi) Council Member Wqgoncr: I. He thanked staff for looking at signal policy, noting that some crf the lights will be Oasbing much earlier. 2 . He noted repair of the dam is slow and he expressed his desire that the work be speeded up . 13 . City Manacer'1 Report (a) City Manager Clark discussed Cinderella City . He said that all subllanti\'C islues U\'C been agreed to by Equitable 1111d the City except for the environmental cleanup responsibility . Equitable' s engineering dcpanment has prepared preliminuy ClOSI estimates, which the City recciwd today . 'Ibey will not yet be released publicly . Miller-Kitchell has asked Mr. Clark to be a ,o-belwecn ill ~•iolll with Equitable . He related that the purchase 1111d sale agreement whereby Equitable doDds the shopping ccntcr to the City is being reviewed by Equitable. He said that he 1111d Mayor Bums are ICheduled to meet with Mercantile's corporate officers on August 22 , 1995 in Cincinnati . He said he has nothing new to repon with regard to Montgomery Wards . (b) City Manager Clark requested Council appnM Mayor Bums' IClCOlllplllyiag him to Cincinnati on August 22nd. Discussion ensued regarding the necessity crf Council's wain& OD expaiditwa crf dlis type wllen the fundl arc not being taken from Council's budget. COUNCIL MEMBER VORMITTAG MOVED, AND IT WAS SECONDED, TO AtJTBOIUZE MAYOR BURNS TO ACCOMPANY CITY MANAGER CLAJIK TO TRAVEL TO CINCINNATI TO MEET WITH REPRESENT A TJVES FROM MERCANTILE. A)·cs : Council Members Hadlaway, Vormittq. Wigins. Habaidll. Wagoner. W~ Burns Nays : None Motion carried. (c) City Manager Clark recommended that Council go into Exccutiw Sasioa immedilltdy following the City Council meeting to dilCUSS a pcnonnel matter . COUNCIL MEMBER HABENICHT MOVED, AND IT WAS SECONDED, TO CO INTO EXECUTIVE SESSION IMMEDIATELY FOLLOWING THE COUNCR. MUTING TO DISCUSS A PERSONNEL MA TYER. Motion carried . Ayes : Council Members Hathaway, Vormiaq, Wigias. Habenichl, Wagoner, Waldman. Burns Nays : None .. ..... ,, - • . .. I • • 0 - Ea&lewood City Council Auplt 7, 1995 ••se•• 14 . City Attoney'1 Report ·, • • • .. City Attorney Brotzman did not have any matters IO bring before Council. 15 . AdjOIH'll-.t MA YOR BURNS MOVED TO ADJOURN. The meeling iqouraed ll 9:50 p.m. ~d-~ ity . . ' . r. r • • I· • I • 0 - • • • . . Aueust fl. l99S Navor Tho•as Burns and Heabers or the Enelewood Citv Council 3400 South Elati Street Enelewood. Colorado. 80110 \, I a u1am; It is with some rerret that I herebv tender mv resienation as a member or the Enelewood Board ot Adiustment and ADDeals. effective imaediate lv. I believe that It is time to move on. There are si2ni:icant dirrerences ot 001nion between mvself and soae other aeabers of the Board wh:ch aooear to I imit mv ~bilitv to reaain obiective. I aa not wil line t o maintain ~v Board oosition at the risk of ie0Dardizln1 av own or the Board's ettectiveness or inteeritv. nor i wil I consent to diainish av abilitv to function in this comaunitv as a licensed Drofessior.al. Sincere Iv. Carl L. Welker 4611 South Clarkson Street En~l ewood. Colorado 80110 • . f .. I • • 0 , ' • • ,,. - 0 I• - COUNCIL COMMUNICATION DATE: August 21, 1995 ACF.NOA ITEM SUBJECT: Zoning 9 • Ordinance Amendment: Home Occupations INITIATED BY: STAFF SOURCE: City Planning and Zoning 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 hold further Public Hearings, to advertise said Hearings in both the EneJewood Cjgp and the EneJewood HeDld, and to report back to the City Council no later than June I, 1995. On June 19,1995 City Council approved on tint reading an Ordinance amending the home occupation regulations and scheduled a Public Hearing on the matter for August 21, 1995. RECOMMENDED ACTION; Approve an Ordinance amending the Comprehensive Zoning Ordinance relating to Home Occupations . BACKGROUND, ANALYSIS, AND ALTERNADYQ IDEN 11UEQ; The City Planning and Zoning Commission held a Public Hearin& on the proposed amendments to the Comprehensive Zonin& Ordinance on October 19, 1993, which hcarin& was continued to November I, 1993, and further continued to November 16, 1993. The proposed amendments on Home Occupations included provisions for Home Occupations in the R-1-A 2.one District, addressed chan1es in State resulations 1ovcmin1 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 . • •. I . • 0 - • • • I • • ,. The City Council received the recommended amendments to the Comprehensive Zoning Ordinance, considered the issue during 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 proceedings in November, 1994, City Council remanded the issue to the Planning & Zoning Commission for further study, with directives on additional Public Hearings, on advertising, and a report-back date of June l, 1995 to Council. City Council also forwarded to the Planning 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 process. Staff analysis of City Council proceedings and petitions concluded that objections to the amendments came only from residents of the R-1-A Zone District; that no objections were voiced by residents of any other residential zone district. Four options for consideration by the Planning Commission were prepared by staff, those options being: 1. Recommend adoption of the amendments as originally proposed to City Council by the Planning Commission. 2. Amend the regulations for all Districts as originally proposed, except for R-1-A, which would have limited type and number of home occupations. 3. Amend the proposed regulations for all Districts as originally proposed, except prohibit home occupations in the R-1-A Zone District; or 4. 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 general public. Objections to allowance of home occupations in the R-1-A Zone District were voiced by a number of residents from that zone district. No objections to home occupation amendments in the remaining residential districts, 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 date. On April 4, 1995, the Commission further considered the issue of home occupations, and recommended that Option 2, which restricts the type of home occupations allowed in R-1-A, and allows the amendments pertaining to the other residential zone districts as previously recommended in 1993, be approved by City Council. FINANCIAL IMPACT; None LIST Of ATIACHMF,NTS; Bill for Ordinance Staff Report Findings of Fact 2 • .. I. • 0 '32 x l • • • • .. STAFF REPORT CA$I NUMBQ. +931 ZONING AMENDMENTS ROME OCCJJPAUQNS STAFF REPORT RE; Proposed amendment to the Comprehemive Zonina Ordinance -Home Occupations . DAD TO II OOJWPIBID; March 21, 1995 DVABJMINJ Of CQMMJJNID DEVELOPMENT AQLYSIS; The following are the three options that will be preaented at the March 21, 199S public hearing reprding home occupations. Option 1: This option reflects the amendments u orisinally approved by the Commiuion in 1993, in which the home occupations would be permitted in the R.-1-A. and the home occupation repletions would be identical throupout all residential dislricts. (Bold type indicates propoted additions.) Home Oc:cupation . Occupations CUltOllllrily incidental to the principal use u a rai- dence when conducted in the ume dweDina, provided that the f'ollowina c:oaditiona are met: a. Sales on the pnmiles . (1) The ule on the premila oL items wbic:h have _, made, pown, or prepared on the pnmiNI lllall be permiaed . (2) The ule on the pnauel of my am wbic:h hu not .,_, made, pown, or prepared oa the pnmiw lhall be prohibited. (3) Fiae m11 ltlldie, 1a .,._. .......... ii aw-• flu m11 ror ..... ., ............... (4),.., .. (4) T...,_..r ... _...._ ,._(4) ,......a-, Nedae b . Sales olfthe premiw. Sales otr• 1Wwiw oLIUCII UIIII u penoaal or houllhold aoc,da IUCh • dae producb a8nd by Awn, Amway, Fuller Brush, WIikins, etc., lhaD be pll'llliaed . .. .; I • • 0 , • • < • c~ • - C. The occupation shall be operated entirely within the dwelling unit and only by the person or person, maintainina a dwelling unit therein . d. No usistants shall be employed . e. The hours and manner of such 111a and the noiae created thereby shall not interfere with the peace, quiet, or dipity of the neighborhc,c,d and adjoining properties. f The office or home occupation shall not have a separate outside entrance . .. 8-Incidental storage shall be allowed for items made on the premises and/or sold off the premises . h. The office or occupation, including storage of materials, equipment, inventory and/or supplies, shall not utilize more than three hundred (300) square feet; provided, however, that this does not apply to foster-family care or a day-care home . i. A day-care home for tbe care or cbildrea hi accordance with State Uceuia1 replatioas. j . In no event shall any home occupation include the following business, com- mercial activities or equipaeat: (1) Animal hospital or keanel . (2) Asphalt pavina busineu . (3) Body, mec:hanica.l repair, or modific:alion of motor vehicles . (4) The sale, storap, muadiicture or Ulelllbly of suns. knives, or other weapons or lfflllalnition other than for personal UIC. (S) Commercial health care facilities . (6) Dump trucb. (7) Restaurants . I • • (8) Towifta butineu. (9) Wholesale or retail IINI of any items on or otr of the prenua exclucfina (a) and (b). 0 2 • • w • I~ • CA) N 0 • • ~ ~' i ~ >1 • I"' II p. p P' I' 11 • r !. !:' " f I 11: I i ti' ~t Jr Ir llr l Ir (fr Sl1 ff i~Jn~ § • -~~ ••t ·1 ~, r l . I I Ji ... ]' .. 11.. f r, f 1 · J .. I II --~ 1 lt1 11 I~ i!II ~., D ~~It [I t 11: JJ ·,: J} ii fJt iJ~ .. i Jt ·1 l }! • ~~ J=I •, 1·1 . •l J, • r' J! fl·lf it~ 1-!f 1 I !1 jf !! 1'f ii 1if Iii h •1 I ,J 1 , i ~ i ~18, s ~ r I . . . ~ .. • . ~ • • • • ' .. Option 3: The final option would be to maintain the prohibition on home oc:c:upations in the R-1-A but to approve the proposed amendment for Ill other residential cliltricts. .. .... II ~ ' . ' • I . . 0 • • • CITY OF ENGLEWOOD PLANNING AND ZONING COMM'J&QON IN 1HE MA1TER OF CASE H-93B ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO PROPOSE> AMENDMENTS TO 1HE ) COMPREHENSIVE ZONING ORDINANCE ) REGARDING HOME OCCUPATIONS ) ) INITIATF.DBY: ) ) ENGLEWOOD DEPARTMENT OF ) COMMUNITY DEVELOPMENT ) FINDINGS OF FACT AND CONCUJSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission memben present: Shoop, Tobin, Weber, Dummer, J>ou&lu, Ganett, Hor- ner, Muon Commission members absent: Redpath This matter was opened for re-hearin1 before the City Plannin& and Zanin& Commiaion on March 21, 1995 in the City Council Chambers of EnsJewood City Hall. 1be heariq wu closed, and discussion on the issue was continued to April 4, 1995. Testimony was received from staff and from members of tbe 111ctience. The Commiaion re- ceived the Notice of Public Hearin& and tbe Slaff Jtepon. and I leaer from Mmjorie L. Becker, which were incorporated into and made I part of tbe record of tbe Public ffeuin&. The proposed amendments were further dilcuaed at tbe llllllina of tbe C..miaion on April 4, 1995, with the followin& members in l11mdlace: Dummer, lbw, ledpllb, Shoop, To- bin, Weber, l>ou&las and Muon. Mr. Gurett WU lblent. After consiclerin1 the statements of the witneaes, and reviewin& pertimlt documenll, the memben of the City Pllnnin1 and Zonin& Commission made tbe foUowin& rmdinp and Conclusions. ' ... I . . 0 • • • 1. 2. 3. 4. • 0 t• • '· FINDINGS OF FACT mA T the Re-Hearing on the remanded issue of proposed ordinance amendments per- taining to home occupations was initiated by the Department of Community Develop- ment at the direction of the Englewood City Council. mAT the Notice of Public Hearing was published in the Eociew9Pd Bmld on March 2, 1995, and a notice was also published in the February-March, 1995 issue of the Eoclewood Ciliml.. mA T Planning Administrator Harold Stitt testified to the nature of the proposed amendments to the Comprehensive Zoning Ordinance, those being the sections of the Ordinance which address home occupations in residential 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. mA T Planning Administrator Stitt testified to the proposal to allow home occupations in the R·l-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. mA T Planning Administrator Stitt sugested three options for the consideration of the Commission in deliberating rhe issue of home occupations. 6. 7. 8 . THAT Ms. Marjorie L. Beem, 644 East Yale Place, offered testimony reprdina home occupations, expressed her opinion that restrictions should be fair and equillble to citii.ens of all residential zone districts, cited busineues which she considers to be unobtrusive and businesses which are offensive no maaer what residential district they are in. Ms. Becker testified dW home occupalions should not, in her opinion, pnense more than one additional vehicle at any one time, dial noile must be kept to a mini- mum, and that business-related vehicles shall not be pulled on-street ovemi&ht or weekends. Ms. Becker had also submitted a letter which wu distributed to members of the Commission prior to commencement of the Hearin&. TIIAT Mr. Chris Hoaglund, 3041 South Franklin, testified dW he does not object to "invisible businesses". Mr. Hoaglund testified dW no commercially-related vehicles should be parked on-street. mAT Ms. Grace Pittman, 3165 West Pimlico Drive, testified to the difficulty of c:on- trollin& or removin& home busineua once they have bepn. Ms. Pittman cited a home beauty shop next door to her, 111 aulO body shop, and a junk yard operalina in her nei&hborhood , and testified to the traffic problems, JIIUltina fumes, and visual impact 2 • ...... I· • 0 '32xl • • • such uses have on residents. Ms. Pittman also testified to the inefficiency of Code F.n- fon:ement effons and inspectors. 9. TIIAT 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 oc:cupations, his dislike of sips posted on telephone poles advertising garage sales, cosmetic sales parties, etc. Mr. Anderson testified that the "enforcement has always been weu:•, and inquired why Code F.nforcement Officers do not issue citations on "blatant violations•, citing yards throughout 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 propoled amendments. Mr. Wilfley testified that there appean to be no grass-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 mne classification. Mr. Ludwi& 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 Housin& Task Force, and that one of the pllls of that Task Force was to provide residential areas to lltl'ICt affluent younc families to the City. Mr. Berlin offered the opinion that the City cannot find, or do 111ythin1 about, the "non-intrusive, invisible business•, but that busineSles of a commcrcial nature such as custom sewina in the home should not be allowed. Mr. Berlin testified dial he does not want to see any sianaae advertisin& home oc:cupations in windows or on properties, is opposed to on-street parlrin& 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 . TIIAT Mr. Fred Tromley, 3104 South Vine Coun testified to the impact home occu- pations will have on property values if the p.oposed amendments are approved. Mr. Tromley is opposed to the proposed amendments. 14 . 111AT Mr. Dick Dittemore, 2239 East Floyd Place, lellified to bis familiarity wilb zonin& issues by vinue of his service as a former County AIIIOnley. Mr. Diaemore testified that the R-1-A District is a "hospitable place ID liw•, and dlll lbae is no pus- roots movement to suppon the propoled amendments. 3 • I· • 0 • • • 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 large trucks invadin1 the nei&h- borhood as a result of home occupations. Ms. ICaplan exprased her belief that "invisible businesses are acceptable", but that the R-1-A restrictions should not be lib- eralized to allow other forms of home occupations, or to allow any signage. 16. THAT Mr . Tom Slocum, 4665 South Huron, testified reprdin& an existin& business across the street from his home, and the disruplion and undesirable effect this has on his quality of life . Mr. Slocum also testified to the lack of enfmt:ement and attention to neighborhoods, both by the Code Enforcement and Police penonnel, citiq a large truck which remained on-street for over three weeks without be:ina moved. Mr. Slo- cum further testified to responses he has received from City penonnel when resisterin& complaints about the 1arage business across the street, the revvin& of motors at all hours , and the vandalism that he has experienced on his property. 17. THAT Ms. Cathy Law , 3106 South Vine, testified that it appean the residents are op- posed to signs, cars , and obtrusive businesses, but do not object to the "invisible" busi- ness. Ms. Law suggested the possibility of new verbia&e which will allow only unob- trusive businesses , but prohibit signage and additional traffic. CONCLUSIONS 1. TBA T proper notice of the Public Hearing was published in the frD&lcwoocS Hmld on March 2, 1995, and public notice was also given in the f.n&Iew9Pd tilizal. 2. THAT testimony was received from Slaff and from members of the audience, which testimony is made put of the record of the Public Hearin&. 3. THAT written information, in the form of the Staff Report and wriam communication from Ms. Marjorie L. Becker, wu receiwd and inc:orponted into the record of the Public Hearin& . 4. 5. TBA T opposition to the home occupation amendments concentrated on the proposed allowance of such in the R-1-A Dillrict, specifically opponents testified apinst allow- ance of any signage and apinst any increase in the amount of traffic into and thnJu&II their residential nei&hborhoods. TBA T no opposition wu voiced, or wriam objection submitted, to the paopoeed home occupations amendments in the remainina residential zone districts. .. '"" • ,, ~ • . I . • 0 • • ,, - • (• • ' DECISION THEREFORE, it is the decision of the City PJannin& and Zonin& Commission that the Com- prehensive Zoning Ordinance be amended to pamit vecy restricted home occupations in the R- 1-A District, and to provide for unity and clarity on home occupations penniaed in tbe R-1-B, R-1-C, R-2, R-2-C, R-2-C SPS, R-3 and R-4 l.one Diltticts. This decision wu reached upon a vote on a molion made at tbe a.tin& of tbe City Planning and Zoninc Commission on April 4, 1995, by Mr. Muon, laXlltded by Mr. Homel', which motion states: "The Planninc Commission recommend to City Council that Opdon 12, wbicb provides for restricted home occupations in R-1-A, and amends tbe aiatin& home occupalion pmviaions for the remaining residential districts, be approved with tbe followinc additional amendments: " l. The home occupation cannot increase traffic or have excessive cars parked near tbe home. "2. No signage shall be permitted in the R.-1-A l.one 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, Douclas ABSTAIN: None ABSENT: Garrett These Findincs and Conclusions are effective u of tbe a.tin& of April 4, 1995. BY OR.DER OF 1llE CITY PLANNING AND ZONING COMMISSION ' • . .. I. • 0 I I r:,,· '32xl - • ORDINANCE NO. _ SERIES OF 1995 • • • BY AUTHORIT'( A BILL FOR I• COUNCIL BILL NO. 25 INTRODUCED BY COUNCIL MEMBER.__ _____ _ AN ORDINANCE AMENDING Tft'LE 18, CHAPTER 4, OF THE ENGLEWOOD MUNICIPAL CODE, 1985, REGARDING HOME OCCUPATIONS. WHEREAS, home occupations have been permitted in all residential sone districts eircept in the R-1-A lince the 1950°1; and WHEREAS, societal norms and community needs have chanpd over time and acludinc home occupation, in the R-1-A district ia now not in the community's but int.erelt; and WHEREAS, additional chanpa to the home occupation re,ulationa themselves will nflect the needa and desires of the community; and WHEREAS, these amendments help clarify and make more efficient the overall administration and enforcement of the Comprehensive Zonin, Ordinance; and WHEREAS, the En,lewood Planninc and Zonin, Commiuion held a Public Hearin, on propoaed amendments to the Zoninc Ordinance on October 19, 1993, reviewed and recommended chanpa to the Home Occupations MCDona; and WHEREAS, a Public Forum _. held on July 18, 199' by the City Council; and WHEREAS, C.B. 50, Series of 199' _. introduced, nad in fall and paued OD tint ._dins on October 3, 199'; and WHEREAS, C .B. 50, Serie, oC 199' _. publilbed in the Enclnaod Herald OD October 8, 199'; and WHEREAS, a Public Hearin, wu held on November 7, 199' by the City Council; WHEREAS, C.B. 50, Seri• or 1994 wu read and amended on November 7, 199'; WHEREAS, C.B. 50, Series of 199' wu published u amended on Nowmber 10, 191M; WHEREAS, the Enclewood City Council tabled C.B. 50, Series 199' and nf'erred it back to the Enclewood Planninc and Zoninc Commiuion on November 21, 199'; and WHEREAS, the En,lewood Planninc and Zonina Commiuion held a Public Hearin, on thne proposed amendments on April 18, 19H, reviewed and -ded the _...._ta; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL or THI CITY or ENGLEWOOD, COLORADO, AS FOLLOWS: -' ... I· • 0 'a2x' • • • • (. Btc;tjQD 1 The Enslewoocl City Council hereby approves amendiq Title 18, Chapter ,, Section 2, Subsection M, Parqraph 15, or the Enelewood Municipal Code which lhall read u follows: lM-2: B-l·A SINGLE-FAMILY BESIDENCE DISTBICT: 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 RBSTIUCTBD TO PROFESSIONAL OfflCES AS DEFINED UNDER ENGLEWOOD MUNICIPAL CODE 18-8-1. 8 . 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 USBS AND THE NOISE CREATED THEREBY SHALL NOT INTERFERE WITH THE PEACE, QUIET, OR DIGNITY OF THE NEIGHBORHOOD AND ADJOINING PROPE1lTIES. F . THE OfflCE OR HOME OCCUPATION SHALL NOT HAVE A SEPARATE OUTSIDE ENTRANCE. G. THE OCCUPATION SHALL NOT UTILIZB IIORE THAN THllBE HUNDRED (300) SQUAKB FEET; PROVIDED, HOWEVER THAT THIS DOES NOT APPLY TO POSTER-FAMILY CARE. H . THE HOME OCCUPATION CANNOT INCREASE TRAFFIC OR PARKING IN THE NEIGHBORHOOD . I . NO SIGNAGE SHALL 81 PERMITTED IN THE R-1-A ZONE DISTRICT FOR HOME OCCUPATIONS . J . ALL HOME OCCUPATIONS SHALL BE RBGISTBRBD WITH THE DEPARTMENT or COIIIIUNITY DBVBLOPIIENT UPON COMPLETION OF AN INSPECTION OF TD PRDIISES BY THE DEPARTMENT AND THE PDlB DMSION. Sec:&iAD 2 The Enslewoocl City Council hereby approvn renamberin, and unenclinc Title 18, Chapter ,, Section 3, Sublection M, Para,raph ,, ~ the En,lewood llunicipel Code which shall read u follow1 : .... I· • 0 • • • • lM-3: R-1-B, SINGLE-FAMILY RESlDENCE Dl8TRJCT: M. +. 5. Home Occupation. Oc:eupation1 customarily incidental to the principal uae u a residence when conducted in the aame dwelJ.inc, provided that the following conditions are met: a. Sales on the pnmiae1. (1) Theule on the premises of itema which have bNn made, crown, or prepared on the pnmi-aball be permitted. (2) The aale on the pnmiHI of any item which hu not been made, irrown, or pnpand on the ~ aball be prohibited. (3) FINE ARTS STUDIO IN WHICH INSTRUCTION IS GIVEN IN FINE ARTS FOR GBOUPS OF NOT MORE THAN FOUR (') PERSONS. c,> TUTORING OF NOT MORE THAN FOUR c,) PERSONS AT ANY ONE TIME. b . Sales off the premises. Sales oil the premises of such items u penonal or household pods IUCb u tbclle producta offered by Avon, Amway, Fuller Bru1h, Watkins, etc., shall be permitted. c. The occupation aball be operated antinly within the dwellin1 unit and only by the person or penon1 maintainin1 a dwellin1 unit therein. d. No a .. i,tanta ahall be emplayed. e. The houn and manner of auch -and the noiH created thereby ahall not interfere with the peace, quiet, or clipity ol the neichborhood and ~ properti•. f . The office or home occupation aball not haw a aeparat.e outlide entrance. 1 . Incidental atontp aball be allowed for iteml made on the premi1e1 and/or aold off the pntmiNa. h . The office or occupation , ineludinc at.orap ol material,, equipment, inventory and/or 1uppliu, aball not utiliu more than three hunclred (300) aquare feet; provided, however, that thia cloea not apply to foeter. family care or a day-care home. i. ;.. A day-care home for the care ol .. m • •• E•l children IN ACCORDANCE WITH STATE UCENSING REGULATIONS. -, IN ,,,.i ... 11 a, a h••e •••••li1n, 'Rle w ti elNwie •••ra IMII • lilliW ill ,ew•, wilh • •Ill li•i••en •••e .. 1111 ••• half (u a.. .. ,, ..... -•• -.1, -i• e.er three,..,., (ll•l hetNfiUlr. .. .... ..... "' - I • • 0 f • • • •, • J . THE HOME OCCUPATION CANNOT INCREASE TRAFnC OR PARKING IN THE NEIGHBORHOOD. It. In no event 1hall any home . occupation include the followinc buaine11 ar commercial activitin OR EQUIPMENT OR SIMILAR TYPE OF BUSINESS OR ACTIVITY: (1) Animal ho1pital or kennel.. c2> Aaphalt pavinc buain .... (3) Barben, hainlreuen, coametoloeiltl or beautician,. (4) Body, mechanical repair, or modiftcation of' mo&or ffbicleL (5) The aaJe, ltonp, manufacture or uaembly of pna, lmivea, or other weapon1 or ammunition other than for penonal me. (6) Commercial health care facilitin. (7) Dump trucks. (8) Re1taurant1. (9) Towinc buaine11. (10) Wholnale or retail UNI of any items on or flll of the pnmi111 ucludinc SUBSBCl'IONS a and b, HEREOF. (11) Proce-involvin1 the diapenaiq, UN, or ncycq of huardoua or flammable auba&aDCN and materiala. (No replation ii intencllcl OD the ule of' flammable lllbl&ance1 whieh .. ,,.,.,a, pacbpd ACCORDING TO LAW.) (Comprehensive 7.onin, Ord. ltU) 1. All home occupations ahal1 be n,il&end widl the I>eputmmt of Community Development upan completion of an inapection of the premise• by the Department and the Pin Division . (Compnbenaiw 7.onin1 Ord. 1985; amd. Ord. 13 Seriu 1990) Section 3, The Enslewood City Council henby approves nnumberin1 and amendin1 Title 16, Chapter 4, Section 4, Subeectian M, Panpaph 4. of the Enclewood M-icipal Code which shall read u follows : 16-4-4: R-1-C, SINGLE-FAMILY RESIDENCE DISTRICT: M. °"" 5. Home Occupation. Occupation, cuat.omarily incidental t.o the principal uu u a n1idence when conducted in the ume d-llinc, pl'O¥idad dat the followinc condition, are met: • . ... I . • 0 \ ( 1;: I • • • • a. Sain on the premisea. (1) The sale on the premi1a1 of items which have been made, l"OWD, or prepared on ~ premi1a1 shall be permitted. (2) The ule on the premi ... of any item which bu not been made, crown, or prepued on the premiae1 shall be prohibited. (3) FINE ARTS STUDIO IN WHICH INSTRUCTION JS GIVEN IN FINE ARTS FOR GROUPS OF NOT MORE TRAN FOUR (4) PERSONS. (4) 1VI'ORING OF NOT MORE THAN FOUR (4) PERSONS AT ANY ONE TIME. b. Sales off the premises. Sales off the premises of such items as personal or houaehold poda such u thoee producta oft'ered by Avon, Amway, Fuller Brush, Watkins, etc., shall be permitt.ed. c . The occupation shall be operated entirely within the dwellinr unit and only · by the penon or penons maintainine a dwellinr unit therein. d. No a11i1tanta shall be emplOJed. e . The hours and manner of such UN and the noiae creat.d thenby shall not interfere with the peMe, quiet, or dipity Oil the neipborhood and alijoinine properties. f . The office or home occupation ahaD not have a aaparate Olltaide entrance. I · Incidental stonp lhall be allowed for items made on the premi1e1 and/or sold off the premi1aa. h . The office or occupation, incJudinc ltonlp at materials, equipment, inventory and/or supplies, ahall not utilise more than three bandnd (300) square feet; provided, hoWftff, that this does not apply to folter. family care or a daycare home. i . A day-care home for the care Oil e11e m • l'e• W childnn IN ACCORDANCE WITH STATE lJCENSING REGULATIONS . ;-. J. ... , .............. heme e•••-··· 'Ae w If eleea.e •••re lhall Ill liai ... ill pen•, ...... a lltal Ii••••• If 111e aall •• half (l) hHNpu "• • •• -.I• -i• ,,.,.,.,...-, !a.«6)hHNpewH. THE HOME OCCUPATION CANNOT INCREASE TRAFFIC OR PARKING IN THE NEIGHBORHOOD. ..... I . • 0 • • 0 • k . In no event ahall any home occupation include the f'ollowinr buaine11 or commercial activities OR EQUIPMENT OR SIMILAR TYPE OF BUSINESS OR ACTIVITY: (1) Animal hospital or kennel. (2) Asphalt paving buaine11. (3) Barbers, hairdressers, co1m!9to)o,illtl or beautician,. (4) Body, mechanical repair, or modification of' motor vehicles. (5) The sale, storage, manuf'acture or usembly of' pm, knivn, or other weapon, or ammunition other than f'or personal 111e. (6) Commercial health care f'acilities. (7) Dump trucks. (8) Restaurants. (9) Towinr business. (10) Wholnale or retail use, of' any item, on or r,lf of' the premiHI ucludinr 1uhlections a and b HEREOF. (11) Proce1se1 involvinr the dispensing, UN, or recyclinc of' hazardous or flammable 1ubstance1 and material,. (No n,ulation ii intended on the sale ot t1ammable aubatances whilh .. ,,.,.,., packapcl ACCORDING TO LAW.) (Comprehenlive Zoninr Ord. 1985) I. All home occupation, lhall be re,iat.ered with the Department ot Community Development upon completion ot an inapection ot the premiHI by the Depertment and the Pin Division. (Compreheuive Zoninr Ord. 1986; amc1. Ord. 83 Serin 1990> 6ed,ipn :4-'1111 En,lewood City Council hereby approvee l"lllwnberinr end amenctinc Title 16, Chapter 4, Section 5, Subsection N, Parqraph 4, of the Enclewood llunicipel Code which 1hall read u f'ollow1 : lM-1: B-1 MEDIUM-DBNBn'Y BB8IDENCE D18'11UCT: N .• +., 5. Home occupation,. Occupations customarily incidental to the principel UN u a residence when conducted in the aame dwellinr, provided till& the f'ollowinr condition, are met: a . Sales on the premiH1. (1) - The aale on the premise• of itema which have been made, rrown, or prepared on the premi1e1 lball be permitt.ecl. ,- •. I . • 0 , - • • • • .. (2) flle ale on the premiNa at may item which bu nat been made, crown, or prepared Oil the premil8I lhall be prolul>ited. (3) FINE ARTS STUDIO . IN WHICH INSTllUCTION IS 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. b . Sales ofC the preauNI. Salel ofC the pnmiNI at meh item. Al penonal or houebold poda IUCb u Ima prodacta oft'end by Avon, Amway, Fuller Brush, Watldm, etc., lhall be permitted. c. flle oeeupation lhall be opsated entirely within tbe clwallins -it and only by the penon or penon1 maintaininc • dwe)lins -it therein. d. No uliltantl lhall be employed. e . flle houn and IIWUler at IUCh UNI and the noiN creat.ecl thereby lhall not interfere with the puce, quiet or dipity at the neipborbood and &lijoininc properti•. f . flle office or home occupation lhall not have • aeparat.e OlltaiM entrance. I · lncidmtal ltorap lhaD be allowed far it.eml made ma di. preaiMI ancllor IOld fJII at die pnmilN. h. flle office or occupation, includinr .....,. ot mat.eriall, equip-t, invmCOry ad/or aappliel, lball not atiJiae -. than &law bandncl (300) aqaare r.t; prcmded, hownw, that tllia don not apply to ...... family can or a u,-can home. i . A uy-can bome for the can at .. Cl) ti ,-. CU cbildrm IN ACCORDANCE W1TR STATE UCENBING UGULATIONS . .., .. ,., ............... ,.,11 •. j-. 'Ale w ,I 11Nllc 0 il aalua •• all la liai11a• ia , ... , •illll • l1W liailali• ., .. _. eilellalf (1) •11,awaa, ••al ;a ail a.a, lhNa .-,... (1ft) h•••• a, J. THE HOIIB OCCUPATION CANNOT INCRBASB TBAP'PIC OR HAVE EXCESSIVE CARS PABDD NL\R THE BOIIB. k. In no event lhall any home occupation indw:le tbe followin1 buineu or eommercial utivitiea Oil SQUIPIDNT Oil SDIILAll TYPE OF BUSINBS8 OR ACTIVITY: ( 1) Animal ho1pital or bnnel. C2> Alphalt PIIYUII buineu ' . . ' • • • 0 1 a2xl • • ,,,, - " • (3) Buben, bairdnuen, coametolapm or beauUc:ian1. (4) Body, mec:bamcal repair, or modification ,I motor ftbicleL (5) The ule, stonp, manafactme or auembly • IUDS, lmifll. or other weapons or ammunition other than for personal me. (6) Commercial health-can facilitie1. (7) Dump trucks. (8) Restaurants. (9) Towins busine11. (10) Wholeule or retail UIII a( any it.ems made Oil or rlf fl the pnmiNs ucludinc 1uheection1 a and b IIBRBOP. (11) ProcesNs involvin1 the cliapenatn,, UUll or ncyclin, of baunloul or flammable nbetancN and mawriala. (No np)aUon ii btended on the ule fl flammable substances ••• .. ,,.,..., pacbpcl ACCORDING TO LAW.) (Comprehenaive 1.onins Ord. 198&) I. All home occupations shall a. nci....t with lhe Department of Community l>ffelopmmt upon completion ,I an inlpection fl lhe premises by the Depertmmt and the Pin Dmaion. (Comprebenam 1.onins Ord. 1985; amd. Ord. 63 Series 1990) 5. Parkins AnL When an R-2 lleclium-Denaity Residence Diltrict lbda or ii acijacent tD a B-2 Baaineu Diatrict, lhe panion fl lhe lot ..Uacent tD lhe Blllinne District auay a. med • a parkins ara by any commercial w•Niwbmea& to a depdl fl twenty-fm (215') llet if lhe followins conditions are met: a . 'nle pukins .,.. mut be ecremed from lhe naidential portion or the lot by a. fDot (I') ....... r-. aw.,... ,_ --aleo be pl'O¥idN to KNm -UU-t .....,.ny. fteN ..... aball UIO be 1hl: feet (I') in heipt aeept that within -.. (10') rl lhe ,.... propert,y line, the r.n.. cannot UCNd fort,J-two inches (42") in heipt or be .... than ftfty percent {5") open. b. 'nle Parkins .,.. mut a. rlhanl --'ace tD pnftDt lhe mo·Hment or dirt and dabri1 from lhe parlr.inc ... onto lhe public ript-or- w ay . c. d. Parliinc staps must be plaeecl in the perldnc UN to PNWOt damqe to the fmce by whicles. ProYiliona malt be made for the collection fl trub u per CifiY ordinance. .... • \ r r'" f l . ' .. I. • 0 '32xl • • • • , . • <. ~- It. In no -t aball any home occupation include the followinc business or commercial activities OR EQUIPMENT OR SIMILAR TYPE OF BUSINESS OR ACTIVITY: ( 1) Animal hospital or kennel. (2) Asphalt pavinc business. · (3) Barben, hairdre1Nn, co-!ttolelli1ts or beauticians. (4) Body, mechanical repair, or modification of motor vehicles. (5) flle sale, storap, manufacture or auembly of pas, knives, or other weapons or ammunition other than for personal use. (6) Commercial health care facilities. (7) Dump trucks. (8) Restaurants. (9) Towinc business. (10) Wholesale or retail uses of any items OD or off of the premises excludinc 1ubsection1 a and b HEREOF. (11) ProcnHa involvinc the cliapenlinc, UN, or rec,clinc of huardous or flammable 1ubstancel and ID&terial1. (No replatiOD ii intended on die aale of ftamm•Ne IUbltanees 11hilh -, .. ,.,a, pacbpd ACCORDING TO LAW.) (Comprehenlive 1.oninc Ord. 1986) I. All home occupation, lhall be rept,end with the l>epea llDeDt of Community Development upon completion of an impection of the premises by the Department and the Fire Diviaion. (Compnhmsiw 1.oninc Ord. 1985; amcl. Ord. 63 Series 1990) Ses1ieo ,. flle Enclewood City Council hereby appro'ftl rmumberiq and .-.ndinc Title 16, Chapter 4, Section 5, Subeec:tion N, Parqraph 4, of the Eqlewood llwucipel Code whic:b lhall read u follows : N .• .,. 5. Home occupation,. Occupations cuatomarily incidental t.o the principal 11N u a residence when conducted in the ume dwellinc, prcmded diet the followinc condition, are met: a. Sain on the premi1e1. ( 1) flle ule OD the premiNI of iteml which haw bNn made, crown, or prepared on the premiNI lhalJ be permitted. ' ,,. ~ • . ' I . • 0 I I r :r ' • • . •~ • (3) Barben, hairdre111n, coametolOtpltl or buutic:ian1. (4) Body, mechanical repair, or modification • motor vehicle1. (5) The ule, 1torap, manufacture or uaembly o( ,uni, kniva, or other weapon, or ammunition other than for pereonal UN. (6) Commercial health-care facilitiee. (7) Dump truck1. (8) Be1tauranta. (9) Towinc baaineu. (10) Wholeeale or retail UNI of any iteml made on or off • the premilee e1tcJudinc 1uheect.ion1 a and b HEREOF. (11) Proceeaee involvinr the cliapenaiq, Ulinc or nc:yclinr of haardoua or flammable lubataw and -teriala. (No nplation ia intended on the ule • flammable mbatance1 ..w• .. ,,a,e,a, packapd ACCORDING TO LAW.) (Comprehemi" 7.oninr Ord. 1986) 1. All home occupmona lbaD a. ...,.... witll the Department of Community O...lopmmt upon completion • an impact.ion ol the premiMI by the Dapertment and the Fire Dmlion. (Coaaprebenaim 1-iac Ord. 1111; amd. Ord. 13 SeriN 1990) 5 . Parkinr Aru. When an Jl.2 lr.dium-Deuity Besid111ca Diltrict ._ or ia acijacent to a JI.a BaainHa Diarict, the portiaa r,I the lot a.ijacent tD the Buainetl District ~ a. aaad • a putEinr u. by any commercial Nt•Nitbment t.o a cllpth • twent,y-ftft (JS'} 11st if the followinc condition, are met: a. The parkiq ara maet a. ICl'Nlled fnlm tlll Nlidmtial portian of the lot by I allot (8') opaquer-. Sida yanl ,__ maet UIO m provided to ICNm -ua-nt property. n.. ..... Iha)) aJeo m 11:1 feet (8') in heipt aeapt tut witlain • 11st (10') • the rear propar1,y line, the fanON cannot euaad ~-two inchN (di in IMipt or a. leel than fifty parc,ant (5") open. b. 'nie parkinc area muat a. • hard IUl'f'ace ID pl'ftmt the movement o( dirt and debril from the parkinc .,. oat.o tbl public ript-of- w1y . C. d . Parkinc ltGpl muat m placed in the perldnc.,. t.o pnvmt damap to the fenca by vahicl ... Provision, muat be made for the oo1lecdoa • truh u par Cit,y ordinance. "' - ---~~~_....,.!'\". I ! [,., '' ., I· • 0 '32 x l • • • <, e. The final clelip of the parkin1 area must be app1'0V9d by the Director of Co-unity Development or the appropriate desipee. f. No atorap ofvehiclu ii permitted and the lot i11D be Uled aolely for the parking of employees or customen. 1 · No vehiclu in uceu of 111\'en thouaand (7,000) pounda may be parked in the parltin, area. h. The minimum width of the parkin1 area lhall be ftfty feet (50'). i. The Director fl Community Development may deny the 111e fl any lot u a parkin1 ana if the above pnmaian1 .... not met or i r condition• an lllll&f'e. The Director'• na1iJ1s may be appealed 1D the Board of ~Ultment and Appeala. (Ord. 4 s.n .. 1992) 6m;t,ipp A, The En,lewood City Council hereby approves renumberinc and amendinc Title 16, Chapter 4, Section 6, Subaection M, Parqraph 4, of the En,lewood Municipal Code which ahall read u (ollow1: lM-1: a.z.c MEDIUM-DENSITYIIESIDENCE DISTBICI': M ...... 5. Home occupation,. Oc:cupation1 Cllltomarily incidental to the principal me u a reaidence when conducted in the ume dwellinc, provided tlllt the followinc condition, are met: a . Salu on the premiae1: (1) The ale on the premiNI of it.eml which haw been made, crown, or prepared on the premiNI lhall be permitted. (2) The ale on the premilU of any it.em which bu not been made, crown, or prepared on the premiNI lhall be prohibited. (3) FINE ARTS STUDIO IN WHICH INSTRUCTION IS GIVEN IN FINE ARTS FOR GROUPS OF NOT IIOllE THAN FOUR (4) PERSONS. (4) TUTORING OF NOT IIOllE THAN FOUR (4) PERBONS AT ANY ONE TIME. b . Salu off the premiae1. Sain o« the premiNa of nch ii.ms a1 peraonal or houaehold poda l1lCh u thole proclucta oft'ered by Avon, Amway, Fuller Bruah, Watkin1, etc., aball be permitted. C . d . The occupation aball be operat.ed entinly within the dwellinc unit and only by the penan or penan1 maintaininc a dwellinc unit therein. No aaai1tantl aball be employed. ..... • . .. I . • 0 , - • • • • e. The houn and manner Gf 1uch ues and the noiN c:reat.ed thereby lhall not interfere with the PNCI, quiet. or dipity of the neichborhood and adjoininr properti•. f . The office or home occupation lhaD not have a aeparat.e oataide entrance. · f . Incidental 1torap ahall be allowed for it.ems made on the premiNI and/or aold off the premiaea. h. The office or occupation, includinc atorap of materiala. equipment, inventory and/or nppliea, lball not atiliM more than thne handnd (300) aquare f'Nt; pnmdecl, howwftr, that thia doa not apply to r.t.er- family care or a day-care home. i. A day-care home for tbe care of -(1) II ,._ U) cbildnn IN ACCORDANCE WITH STATE UCENSING REGULATIONS.~ lie pee Iii.._ • • h•-111 • 1ti11. '"' 'Ae w rl ei..ie a1l1ra h JJ ha..._. ill,. •• , wM. • 111111 lilllilalilll ., ....... llll half (lJ ........ ""· -· -...... •i• 1.er ahNe ...... El/I) herN(lllllF: J . THE HOME OCCUPATION CANNOT INCREASE TRAFFIC OR PARKING IN THE NEIGHBORHOOD . k . In no event lhall any home occupation include the followinr blllineu or commercial activities OR EQUIPMENT OR SIMILAR TYPE OF BUSINESS OR ACTMTY: ( 1) Animal ho1pital or kennel. c2> Asphalt paYinr blllin .... (3) Barben, hairdre1aen, coametolopm or beautician,. (4) Body, mechanical repair, or modiftcation of motor ftbieJea. (5) The aale, atorqe, manufactun or auembly of pm, miVN, or other waapon1 or ammunition other than for penonal me. (6) Commereial health care facilitiea. (7) Dump truck,. (8) Re1tauranta. (9) Towinr bulinH1. (10) Wholeaale or retail aN1 of any iteml on or oil of tbe premiNa neludin, 1abNetim1 a and b HEREOF. (11) ProeelNI involvint tbe 6penlfn1, ue, or ncyeU., of buardoua or flammable aabltaw and ........_ (No .... • . ... ... I . • 0 '32xl - • • • • re,ulation ia intended on the sale of flammable 1ubltance1 whilh .. ,.,.,.,i, packapcl ACCORDING TO LAW.) (Comprehensive 1.oninc Ord. 1986) I. All home occupations lhall be repltend with the Department of Community Development upon completion of an inspection of the premises by the Department and Pin Division. (Comprebenlive 1.oninc Ord. 1985; amd. Ord. 63 Seri• 1990) 6. 6. Parkinr Area. When an R-2 Medium-Density Reaidence District abata or ia acijacent 1D a B-2 Buaineu District, the portion of the lot acijacent 1D the Buaineu District may be med u a parkinr area by any commercial establishment to a depth of twenty-five (26') feet if the followin( condition, are met: a . The parkinr area mmt be IClfflled from the relidential portion of the lot by a m foot (6') opaque fence. Side yard fen-mu.It a1ao be provided to screen acijacent property. These fencu ahall a1ao be 1i:I: feet (6') in heieht ucept that within t.n feet (10') of the rear property line, the fencu cannot eueed forty-two inche1 (42") in heipt or be le11 than ftfty percent (~) open. b. The parlunc area mmt be of hard 1urface 1D prevent the movement of dirt and debria from the parkiD( area onto the public ript-of- way. c . Parlunc atopa muat be placed in tbe parkin( area to prevent damqe to the fence by vebiclu. d . Provilion1 muat be made for the collection of truh u per City ordinance. e . flle ftnal deajp of the parkin( area mut be apprond by the Director of Community Development or the appropriate dnipee. f. No atorap ofvehiclea ia permitted and the lot ii 1D be med aolely for the parkinc of employ-and cuatomen. f . No vehiclea in ucea1 of aeven thouand (7,000) l)OUDda may be parked in the parlunr area. h . The minimum width of the parkins area lhall be ftfty feet (50'). i . The Director of Community Development may deny the uae of any lot u a parlunr area if the above provision, are not met or if condition, are unaafe. flle Director'• rulins may be appealed tD die Board of A(ijuatment and Appeala. (Ord. 4 Seriea 1992) 8cc;t,jgn 8: The Enslewood City Council hereby approwa reletterinc and amendinr Title 16, Chapter 4, Section 7, Sublection C, Parqrapb 13, LeUend and amendins Sub1ection1 D, E, and F, of the Enslewood Municipal Code which lhall read u follow,: • . I . • 0 '32xl - • • • . ' lM-'7: &-1-CJS.P.S. IIEDIUII DBNSrlTIBPECW. PEBMIT SYS'IZM RESJDlCNCB DIB'IBICT: C.13. -4l. E. Home Occupatiana. Occupationa customarily incidental 1D tlie principal ue u a l'Nidance WMD Cllllducted in the -e dwellinc, provided that the followinc Cllllclitiona are met: (1) Salea on the.,,__.. 'l'lae ale on tlie premiaN a ay item which bu not ... made, crown, or,. ...... -.. premi-ahall be prohibit.eel. (2) P'INB ARTS snn>IO IN WHICH INSTIWCTION IS GIVEN IN PINE ARTS JIOR GROUPS OP NOT IIORB THAN FOUR (4) PDSONS. (3) TUTORING OF NOT IIORB THAN FOUR (4) PERSONS AT ANY ONE TIME. (I) (4) Salea ofl'the pre11UM1. Salea oft'the prmaiNI by the oocupant Nllinc houaebold poda a1ICh u thae prodada ..._ by Avon, Amway, Paller Braah, Watkina, etc., aba1l be permitted. (J) (5) The occupation ahall Ill opera&8d in itl entirety within tlie d-llinc unit and anly by tlie .,.,._ or penona maintaininc a dwellinc unit therein. ~(6) No uaiatanta aball be -pJoy.d. 65(7) The boan and manner m lllCll UNI and tlie noiN cna&ed ther-, ahall not int.ert.. with the .--. quiet. or dipity or the neipborbood and alijoilunc propertiea. (5) (8) The office or home occapetion ahall not bne a aepera&e outaide mtnnce. ~ (9) Incidental atorap aball Ill allowed for iwma made on tlie premiHa and/or 10ld oft' the pnmilel. (S) (10) The office or oceupetion, inchadinc lt.orap m material,, equipmmt, inventory and/or auppliea, ahall not llti1iu more than tbNe hundnd (300) aqaare r.et; prmded. howeftr, that dlia doea DGt apply ID folter-family can OR A DAY-CAD HOME. (t) (11) A day-can h-e JIOR THE CARE fll .. (1) II ,._ U) children IN ACCORDANCE WITH STATE UCBNSING REGULATIONS.~ •,-Illini••• .. ,., 111 .. Mi•• ffe) 'Ae -"·-· ................ ,. ........ . lllll liailali• rlw _.••....,(I) ...... ,, ••• _. H I al•_. e:• •• ,..._ (l.lij ......... . ..... • . .. .. I. • 0 I • • • , . • ' .. (12 > THE HOME OCCUPATION CANNOT INCREASE TRAFFIC OR PARKING IN THE NEIGHBORHOOD. (H) (13) In no event ahall any home occupation indude the followinc bu1ines1 or commercial aetivitie, OR EQUIPMENT OR SIMILAR TYPE OF BUSINESS OR ACTIVITY: (A) Animal hoapital or kennel. <B> Alphalt pavinc buline11. (C) Barben, hainlre-n, coametoloeiata or beautician•. (D) Body, mechanical repair or modiftcation of motor vehicles. (E) Tbe ale, It.Grap, manufactu.nt or aaembly ~ cun•, knives or other weapon• or ammunition other than for penonal UN. (F) Commercial health care facilitie,. (0) Dump truclta. (H) Re1taurantl. ffi Towinc buline11. (J) Wholesale or retail uaea of any itema on or off of the premiles ucludinc lublectiona (1) and (2) HEREOF. (IC) Procea-involvinc the cliapenamc, -or recyc:linc of huardoua or flammable aubltancea AND IIATUIALS. NO REGULATION IS INTENDED ON THE SALE OF FLAMMABLE SUBSTANCES PACKAGED ACCORDING TO LAW. (Comprehensive 1.oainc Ord. 1985) -la 14. All home occupation, ahall be re,iltered with the Department ~ Com· munity Development upon completion ~ an inapection ~ the premiN1 by the Code Enforcement Division and the Fire Division. (Comprehenaive Zoninc Ord. 1985; amcl. Orel 83 Seriea 1990) -M.115. Conditional UN. Provided the public intereet ii fully prat.ect.ed 1111d the followinc uae ii approved by the Commiuion: a . Small child care center with ftve (5) to twelve (12) children. -15.16 . Undeveloped Lou. a. b. The owner of a buildinc lite ii required to dedicat.e that portion ~ tbe lot which i1 required for public richt-ol·W&J u ahown on tbe Muter Street Plan Wore any buildinc permit will be iNucl on aid lot. In no c&N will a buildinc permit be iumcl for tbe comt.ruction of a lb\idure to be built within the propoeed ript.-of-way, whether or not the richwl-way hu been dedicated. ..... II - • . I . • 0 I • • • (, -iii.17 . Family-Care Unit. (To be conaiclered a -nclary relidantial 11M tD the principal relidential uae.) a . One family-care unit aball be . permitt.-1 in an uiatinS detached 1in1le-family dwellinc, ar in a propoNCl dltachecl 1in1le-family dwellin,; provided: (1) The uiltinl atructure i1 in canformance with all City CodH. (2) The family-care unit bu It last one party wall and a common roof with the cWached aiqle-t'amily unit. (3) Either' the cWached linpe-family dwellinl or tbe family- can anit ii owner...-pied. (4) The family-care unit ii to be ocmpied by no more than one penon. b. Additional requirements for a family-care unit. ( 1) Minimum Door area .......................... 320 square fHt. (2) Masimum Door area. ......................... 4SO square feet. (3) A small kitchen area containiq a kitchen link, a cookin1 appliance, refripratiaa facilities and workins ..-30 inchn in frcmt fl the appliaw, wbicb in total doll not aCINd 40 aquan fNt .in -. may be maintained.. (4) No additional off'-atreet parkiDc ii nquiNd. (5) Any addition should bl barrier.free for penon1 with handicaps or limited mobility. (6) Delip review. A family-care anit will be aaliect tD dHip review and lite plan review by tbe Planniq Division staff when any chanp i1 mD to the atarior fl the lltracbln. (7) Jleii1tration. A family-care unit shall be aaliect tD yearly l'lliltration which ii tD be flied with tbe l>eputmant of Community Developmmt. .fJ..18 . Other Provi1ion1. •• b. Protaction ClaUN. If a penon IINkin1 tD build an atuched 1iqle- family project ... not ...,_ to the prcmaioDa fl tlua 8-ioD, the the at&ached ainp-family project will not be allowed by rlpt. No lb'uc&un • vehicle on tbe .... lat with tbe principal dwellin1 shall be 1111d for Nlidln&ial Pll'IIOIN· c. Two (2) units muat have at leui one put.y wall and a --'IOfll. • I . • 0 , 2 I • • • 0 • d. Liquefied petroleum pa inatallation1 shall be permitted only for the purpoae m 1upplyin1 fuel and for approved h•tinc equipment. Tanks in excess of five hundred (GOO) pllon1 (water capacity) will not be permitted in this Zone .District. Liquefied petroleum 1aa installations shall conform to current Fire Code requirements. e. Usable Open Space. Refer ID landacapinr requirements in the t.ndacape Ordinance, Section 16+18 of thi1 Title. D. Relative Policies, De1ip CriteriL The eleven (11) deairn criterion statements which follow are relative policies which either encounp or diacounp a course of action when buildin1 a project. The applicant shall provide evidence on die permit application ahowin1 how each de1irn criterion will be incorporated into the overall project desip. Any development will be judpd on how it meets with the followin1 deaicn criteria. A development will have to pt an overall score of uro or above on the desicn criterion policies before the project will be iNued a buildinr permit. 1. Passive Solar. A project i1 ENCOURAGED ID UN deairn con1trw:tion and land1capin1 technique, which will reduce beaun, and coolin1 coats. Examples are buildinp with solar orientation, UH ol deciduous trees on die south for shade in summer (but not on the north side) and uainr everrreen t.reea on the north for protection apinlt the wind, but not on the IOUlh licle of the lot which would block aolar acceu. A project which doe1 not UN pauive solar technique1 i1 DISCOURAGED. 2. Scrunin1 m Oft"-Street Parkins. Oft'-atreet parkins areu are ENCOURAGED 1D be -red, benDed, buft'ered, land.aped and maintained. 3. Buildin1 Scale. 'nw acale ma buildin, (its beipt. balk, aedlack and lot coverap) i1 ENCOURAGBD 1D be CIOlllpatible in eca1e with nei1hborin1 buildinp which are in conformance with the minimum re,ulation1 m die Zonin1 Ordinance. A Kale which ii incompatible with the nei1bborin1 buildinp and with minimum requirements ol the Comprehensive Zonin1 Ordinance i1 DISCOURAGED. 4 . Buildin1 Orientation. The Ions ui1 of a buildinr ii mCOURAGED ID have an east/west orientation. A buildin1 with a Ion, ui1 oriented north/south i1 DISCOURAGED. 5 . 6 . 7 . Screenin1. On new con1truction, ICl'Nllilll m ftucl mechanical equipment, fixed 1torap areu, fixed truh receptacles and nonresidential park.ins areas from the residents' view throuah Iha UN of berms, f1nc11, landacapin1, or other acceptable m1&n1 i1 mCOURAGBD. Open Space. Open apace on the site ii ENCOURAGBD 1D be ,reater than forty percent (4K) of'the ara. TrN1. A project ii DISCOURAGED from removin1 any ui1tin, healthy tree, on the buildins lite and ii BNCOURAGBD ID delip around eai1tin1 healthy tr.I or replace a trN ii it ii relDOYed durin, conanacaon of a project. •. I· • 0 • • • •, • .. 8. Landlcapinf. Open apace within a project ii ENCOURAGIW 1D be landlcapecl and maintained and provide f'or ~ amenities and 1D erute a pleasant environment f'or outdoor activities. 9 . Color. A project ii ENCOURAGED tot. painted an NJth tone color. 10. Buildinr Exterior Delitn. A project ii ENCOURAGED 1D incorporate dHip which ii compatible with ~-t buildinp in terms ol color, material, t.ature and ftniah. A project ia DISCOURAOllD from incorporatinr deaip which ii not compatible with ~-t buildinp. 11. Architectural Style. Incompatible an:hitactural styles IUCh u podHic domes, buement ltructurel which rile lea than one It.or:, above ,round, and free.form ltnlctarM are DISCOURAOllD in an -which i• conventional in ardlitectural style. However, if the uu, becaUle ol ita t.opoaraphy, lend• itNlf 1D earth lhelter CODltnM:tion which conforma 1D the Uniform Buildin1 Code, neptive point. will not be aueuecl f'or an approved urth melter home. E . Procedure for Evaluatiq Buildinr Permit Application•. 1 . The property owner ahall make application with the Buildinr Division by ftllinr 011t a permit form provided by the City. 2. The permit application shall include a writtm ltatnamt with two (2) Mta of plan• which indicate bow each cleaip ait.rion ii to be incorporated into the propoaed development. 3 . Upon l"Nlipt ol the application, the P1anaiJts DiYiaion ahall rwi-the development plan, f'or compliance with the alllolut.e Medon ot the R-2· C/S.P.S. 4 . If the plana comply with the ablolute NCt;lon. the Planniq Division ,hall review the written atat.m.nta and deftlopment plana f'or compliance with the eleven (11) deaip criterion ata&ementa. 5 . Each deaip criterion statement will be ..-eel by the PJanninr aft' by their sivinr a point value. SN the ICON lheet for the point value ranp. 6 . Each aeon for the eleven (11) atatementa will added to obwn a point total. 7 . If the aeon ii a positive point value or uro, and all other NCtianl ol the Zone Diatrict nplation1 are in compliance, the Planniq Diviaion ,hall approve the buildinc permit application, u It appU. ID the IODinl criteria, by licninc the permit application and clrawiq the buildinc footprint on the Land u .. Map . 8 . If the ICOrt ii a neptive paint value, die buiJdinc parmit application, U it relate. ID the aonins nquinmat, ahall DI& la approNd by die Plannin1 Division ; however, the ltaff' lhall clileau with tlla applicut cbanalt which could be made in order to l'Nliw a.,.....--. fte ..,..._t may make the -..r,y corncdon1 and l"N1lbmit the 0011 nl•• plaaa for l'ffiew. • . .. .. I. • 0 • • • • I• • <. 9 . When the plans have been approved by the Planninc Division, the plans lhall be returned to the Builclinc Diviaion for review by other Ci~ divi1ion1 and departments for compliance with other applicable Ci~ Codn. F. The followinc i1 the Score Sheet to be UMcl wb~ nviewinc the buildinc pmnit application. SQPBE5HEET AbeeJut,e ficdiAD ~ 1. Permitted Principal Use 2. Prohibited Use 3 . Minimum Lot Area for Permitted Use __ 4 . Minimum Floor Area 5 . Mu:imwn Percentap of Lot Cover11p __ 6 . Minimum Frontap of Lot 7 . Mu:imum Builclinc Heicht 8. Minimum Front Yard Setback 9 . Minimum Side Yard Setback 10. Minimum Rear Yard Setback 11 . Minimum Oft'-Street Parkins 12 . Buildin1 Material 13 . Permitted Accelsory UN A . Garap1 and Carports . 1. Heipt 2. Front Setback 3 . Side Setback 4 . Rear Setback 5 . Mu:imum Floor An'-- 6 . If Garap i1 Beiq Converted ComnJience Not AanHcebJe ..... . , I. • 0 , • B. • • •, • '· 7 . If ao, 11 There Adequate Oft'-Street Parkins Storap Shed. 1. Not to EuNcl le8-ll50 Square Feet 2. Located On Rear of LoL_ 3. Heipt 4 . Side Yard Setback 5. Rear Yard Sedlack 14. Home Occupation in Compliance 15 . Conditional Use 16 . Undeveloped Lota (Dedication of Ri1ht-of-Way) 17. Family-Care Unit 18 Other Provi1ion1 BtleUv PeJid11 1. 2. 3 . 4 . SCQBI SBll'J' fOB PMJQN CJPTIBIA Pu1ive Solar Screenin1 of Off-Street Parkins Bwldin1 Scale Bwldin1 Orientation Point Value Bau& (·2/+2) (C/+2) (-2/+2) (-2/+2) 5 . Screenin1 of Mechanical Equipment (C/+2) 6 . 7. 8 . 9 . Tree Removal Additional Lancllcapin1 Earth Tone Colon (C/+2) (·21+2) (C/+2) (C/+2) .. ..... r - Point Value Aeeiot4 • . I . ' • 0 '32 x l • • 10. 11. ' Buildine Exterior Deaien Architectural Style TOTAL SCORE '· • • • ... (-2/+2) (-2/0) t• $es;t,jpn 7. The Englewood City Council hereby approves renumberins and amendins Title 16, Chapter 4, Section 8, Suhaection 0, Paragraph 6, of the Englewood Municipal Code which ahall read u follows: R-3, mGB-DEN81TY RESIDENCE DISTBICT: 0. -&. 7. Home occupation. Occupation, customarily incidental 1111 the principal use u a re1idence when conducted in the aame dwellinc, prorided that the followine condition, are met: a. Sales on the premiNI. The aale on the premiNI of any item which hu not bNn made, ll'OWD, or prepancl on the premiNs aball be prohibited. B. FINE ARTS STUDIO IN WHICH INSTRUCTION E 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. a D. Sal .. otrthe pnmiaes. Sala otr the pnmiles by the occupant MDins houuhoJcl poda auch u thoee producta otrend by Avan, Amway, Fuller Bruah, Watkina, etc., ahall be permitt.ecl. e-. E. The occupation lhall be oparat.ed entirely within the chrellins unit and only by the penon or penon1 maintaininc a dwellinr unit therein. 41. F. No auiltanta ahall be employed. e. G . The houn and manner ol 1uch uau and the noile cnated thereby 1hall not interfere with the peace, quiet or dfpity ot the neiehborhood and a.ijoininc propertiea . i. H. The office or home occupation aball not have a aepuat,e outaicle entrance. C'· I. Incident.al 1tonp ahall be allowed for it.ema made on the premiNI and/or aold otr the premiaea. It. J. The office or occupation, includins 1tonp of mat.eriala, equip-t, inventory and/or 1uppliea, lball not utiliu mon than thNe hundred (300) aquare feet; proriclecl, hOWffff, that this cloee Dot apply ti INt.er family can or a clay can home. ' ,, - • . .. I . • 0 '32xl - • • • • '· t... K. A day care home for the can of w (J.) • fe• E•> children IN ACCORDANCE WITH STATE UCENSING REGULATIONS . .., IN,eNli-.•aheae .. ,11iJa. j., 'llhe w ef eleee.ia ., .. ,. ehell • liaiW ia peuua, with a .. w liailaliea rl eae aaci ••• W' Cl) h ... ,...._., aaci •• liatl• •i• ................. ca.«•) i. ••• ,. ca:, L . THE HOME OCCUPATION CANNOT INCREASE TRAPPJC OR PARKING IN THE NEIGHBORHOOD. It-. M. In no event ahall any home occupation include the followins buain-or commercial act.ivitiee Oil EQUIPMENT Oil SDIILAll TYPE OF BUSINESS OR ACTMTY: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) Animel hospital or bnMl. Aaphalt paviq or rooftns buainau. Barben, hairdnuen. ~ or bNutkien,. Body, mechanical repair, or moclfflc:atioa af mot.or nhicle1. The ule, 1torap, menufacture or ••ambly af pne, kniv11 or other weepone or ammani&ian edlar &ban ,_ penma] 111e. Commerciel health can &cilitia Reatauranta. Towinc baai11111. W1lo1Nale or retail aalee of D7 --. • • ,II Ille premiae acludins IUbeectiOIII e end b BDmP. Proeeaaaa involwiq the diap n:wins, w • rec,elinc of haardou or flammable ........ md mauriala. No nculetion it intencled on Ille aeJe of ftammeble mbetueu •hilh •• pape,I, J-Mk••II ACCORDING TO LAW. (Comprehensive 1.oninc Ord. 1111) 1-. N. All home occupations ihall m ,.._.. wida Ille l>tpmta.aat of Community Development upon _,..._. af an ts11111tiea of lie pmniaN by the Code Eafbreammt DiYiaiea md the Jin DiYieioa. (Comprehensive 7.omnc Ord. 1181; amd. Onl. U S... lllO) • .. I . • 0 - • • • I• • (, hc&ieo 8 , The Enrlewood City Council hereby approwa renamberiq and amendin1 Title 16, Chapter 4, Section 9, Subeectian M, J>aracraph 4, or the Eqlewood Municipal Code which 1hall read u follow1: 11-4-9: M.-+.-15 , Home occupation,. Occupation• customarily incidental to the principal UN u a residence when conducted in the ume dwellinc, provided dllt the followinr condition, an met: a. Sales on the premiNL The ule on the pnmiles fll any itaD which bu not been made, srown, or prepared oa the pnmiNS ahall m prohibited. 8. FINE All'l'S STUDIO IN WHICH INSTRUCl'ION IS GIVEN IN FINE ARTS FOR GROUPS OF NOT MORE THAN POUJl (4) PERSONS. C . TUTORING OF NOT MORE THAN FOUR (4) PERSONS AT ANY ONE TIME. a D. Sales off the premise,. The ule off the pnmiles by the occupant Mllinc houehold pods 1uch u thoa pnidada •--by Avon, Amway, Fuller Bnaah, Watkins, etc., ahall be permiU,ed. e. E. The occupation llhall m operat.ed entirely within the dwelliq unit and only by the penan or s--i• maintainins a dwellinc unit therein. •· F. No uliatanta llhall be employed. •· G. The houn and manner ol such UNI and the noiae cnaW thereby lhall not int.erf'ere with tt. peace, qaiat, or cUpity fll tt. neichborhood and a.ijoininc properties. ~ ff. The office or home occupation lhall not have a NPUate ou&lide entrance. c,. I . Incidental 1torap shall be allowed for it.ems made an tt. premi•• and/or aold off the premiN1. It. J . The office or occupation, includin, atorap fll mat.erial1, eqaipmmt, inventory and/or 1upplies, lhall not 11tiliu more than three hundnd (300) aqun feet; provided, howner, that thia does not apply tD foeter family care or a day care home. i-. K. A day care home for the care fll .. (lj • ,._ (6) childrm IN ACCORDANCE WITH STATE UCICNSING REGULATIONS . .., IN,.,......• a h1a1 111111lha, j,T 'Ae w el ,.._ii •••re IMII • liai_. la ,eaa, w4Ml a l1a.l li1Rilali1a 11•• _.••hall (1) ••IJ • .... • I al• ail ........ , ..... (1/6) •• , ..... • . I . • 0 'J2xl 1 • • 0 ·, • L. THE HOME OCCUPATION CANNOT INCREASE TRAFFIC OR PARKING IN THE NEIGHBORHOOD. It-. M. In no event ,hall any home . occupation include the rollowinr buaineu or commercial activitiea OR EQUIPMENT OR SIKILAR TYPE OF BUSINESS OR ACTMTY: (1) Animal hoapital or kennel.. (2) Aaphalt pavinr or rooftnr buaineu. (3) Barben, hairdreuen, coametolo,illtl or beautic:iana. (4) Body, mechanical repair, or modification r4 motor vehiclea. (5) The aale, ltorap, manuf'acture or aaembly r4 pn1, knivea or other weapon, or ammunition other than ror ~ UH. (6) Commercial health care faciliti ... (7) Dump truck.a. (8) Re1tauranta. (9) Towinr buaine11. (10) Wholeaale or retail aa1 .. or any it.ema on or oil the premi1e uclwlinr aubNctiom a and b HDBOP. (11) Proceuinr involvinr the diapenlinc, 1118 or recyclins or huardoua or flammable IWIIWlON and materiala. No resu)ation1 ii int.enW on the aaJe or flammable IWIIWlCH whieh •e ,,.,.,i, packapd ACCORDING TO LAW. (Comprehenlive 1.oninr Ord. 1985) 1-. N. All home occupation, aball be recil&ered with the Dlputment or Community Development upan completion or an inapection r4 the premiae1 by the Code Enforcement Diviaion and the Fire Divi1ion. (Comprehenlive 1.oninr Ord. 1985; amd. Ord. 63 Series 1990) Sccgipp 9. The Enrlewood City Council hereby &l'Pl'Ofti amendiq Title UI, Olapw 4, Section 19, Subeection 8, Para,raph E, or the Enrlewood llunicipa) Code which lhall read a, follow,: lM-l~E: Sipa Additionally Allowed: 1. Home Occupation Si111. Home occupation lfp not more than one aquare root in area, which ii aftbed 1D the builclinc, and which ii anlipe.d and unanimated. A HOME OCCUPATION SIGN SHALL NOT Bl ALLOWED IN THE R-1-A DISTRICT. ' •. .. I . • 0 , 2 I ]- • • • c, Sec:tim 10 The penalty proviaian • the Enpwaod llrmicipal Coda Title 1, Cbapt.er ,. Section 1, ahall apply t.o eaeb and nery violation adua Title. C.B. 50, Serin of 1994 wu tabled and nlernd back t.o the Balpwood Plannins and 1.oninc Commission on the 211t day of November 19N. The Eniiewood Planning and 1.onins Commiaion held a Pablic Bearins on th .. propoNd amendments on April 18, 19915, reviewed and ncoamended the amendmmta. lntroduced, read in full, and puaecl on &rat rudinl on the 19th day Jane 1996. Publiahed u a Bill for an Ordinance on the 22nd day al Jane, 11915. Tbomu J . Bums, Mayor ATTEST: Low:riahia A. Ellis, City Clerk I, Laucrilhla A. Elli1, City Clerk a the City • .....,_., Colorado, hereby certify tllat the above and fonpinc i1 a true copy of a Bill for an OnliDanel. introclamd. nail in fb1l. mul pueecl on ftnt Nadia, on the 19th day at Jane, 1916. I • .. I . . 0 • • • For Date M Of = • 0 - _B ~ I -< IJl9llll0 <g ~ / ..;, Time / 0 ; 'i ~ While You Were Out ~a& ~aO Qwc:,od....__ 12 s 1 n C ._. .. ,. ..... CJ _,._CII CJ Signed------------1:.----'" • ,, . 0 • I 0 0 \ , ... :,., ~ >< - QUALITY INDICATORS (A Parent's Guide) D Small group size • meets rules and regulations set by licensing standards • individual quality time for personal development D Primary caregiver • consistency in care • patient , warm . accepting nature • encourages natural curiosity and exploration 0 Individual recognition and acknowledge.ment • home atmosphere • area planned for good supervision and visual contact • offns blend of social . emotional and cognitive skill levels • softness ratio -warm. comfortable D Program / equipment • a variety of play tools (various age groupsl • equipment safe and well kept • -lerials easily accessible D Safety/health • clean , inviting indoor /outdoor play space • license updated and posted • medial forms cu~nt • knowledll,r of rules and regulations • • / 0 • • ice~ COWRADO ~IATION OF FAMILY CIHLD CARE Family child care provides an important source of support to families during the early years of a child's growth and development. ''We are your home away from home." C--.41Wdatioe al,._. Cblld Cve hilS been funded through .,.,,. •, "Family to Family " Initiative to focus on issues of quality in child care and provide new training options for providers. For more information call: (303) 450-7297 \ as ~ COWRADO AS&>CIATION OF FAMILY CIHLD CARE "Peace of mine! comes with quality child care." r I f' r • ;' 1, • 7 ~ • " I ' ' • • .t • • I j ,' ~ Famlzy Cldl,I Can homes are licensed by the state to provide care for up to 6 children in a neighborhood home setting. Providers may be licensed for 2 additional children receiving before-and-alter school care. Only 2 of the children ca n be under the age of two. unless other specific lic ensing requirements are met. PROFESSIONAL AFFILIATIONS Colorado Association , ove r a twenty year period. has established linkages with various organizations. Through professionals working in partnership for causes of families and children . CAFCC impacts the field of family child care. and many other areas of children 's issues. CAFCC. an affiliate of th e National Associaton of Family Day Care , is composed of 24 county child care associations. In addition to offering support services and professional growth opportunities for providers , CAFCC works actively to better the quality of ca re available to children and their families. One of the uniqu e aspects of CAFCC 's professional affiliations. is the co-operative efforts with State and Local Departments of Social Services. By working jointly with li ce nsing agencies. CAFCC plays a vital role in the establishment of guidelines for maintaining quality child care. So me of CAFCC 's advocacy efforts include: • Colorado Association for the Education of Young Children • Colorado Child Care Coalition • Governor's First Impressio ns Office • YWCA • USDA Food Program Sponsors • Child Care Action Campaign • Children 's Legislative Cooperative • Child ren 's Foundati on • Loca l/State Department of Social ·Services Through such affiliations, CAFCC co ntinues to be one of the largest and most effec tiv e child care organiza ti ons in Co lorddo. and a model for associations throughout the nati on. WHY A LICENSED HOME? In Colorado, persons operating a child care facility may be required to be licensed . Always make sure the child care facility is operating legally, and look for the license to be posted. Licensing does not guarantee the operation of a home on a daily basis or the compatibility of parent/child /provider. Parents should continually monitor their child care. 111E ROLE OF UCENSINC: Licensing of a child care home helps to insure the child's safety and well being. The licensed home must comply with a minimum set of health and safety regulations . BENEFITS PROVIDED BY LICENSING: Provider mut: • be First Aid Certified • be Infan t/Toddler CPR Certified • have a medical health check yearly • be in compliance with training requirements Home must: • meet fire codes /safety requirements • have periodic evaluations by local licensing staff Most licensed home providers can participate in the USDA food programs and receive dollar reimbursement for meals served the children in care. Most licensed providers that do take advantage of the USDA Program are visited and updated with current information in the home at least 3 times a year. Documentation of nutritious meals served the children and completion of workshop requirements must be complied with by the provider. Child care is a necessity for the growing number of single and double income families . The percentage of working "'omen with children under the age of six has grown steadily from 46.4 percent in 1980 to 56 percent today. High quality early childhood care and eduation programs are vital to the well-being and hea lthy development of the children of working parents. It is critical that care be affordable. available and accessible to parents. THE GOVERNOR'S BUSINESS AND CHILD COUNCIL. A REPORT ON COLORADO EMPLOYERS ' INVOLVEMENT IN CHILD CARE FINDINGS, RECOMMENDATIONS AND ACTION PLAN , DECEMBER 1990 . • / 0 • • • PERSONAL INTERVIEW CHECKUST After receiving referral names from various resource and referral agencies, you will need to call the listed caregivers. Contact them soon after receiving the list since vacancies may fill quickly. In your initial teleph one conversa tion , determine space availability , hours of operation, location , and a possible base rate . If the provider offers care meeting )'Ollr needs, set up an interview and a site visit. Listed below are general questions to consider asking when )'OU speak with the provider. Many caregivers have written policies and / or co ntracts that may address some of these que.stions. UCENSINC • May I see your license ? • When was the last licensing inspection? • Violations' SERVICES • What meals are provided? • Are personal care items provided? • Do yo u transport for any reason? Seat belts and safety seats used' Who supplies them? • Describe a typical day's activities . • What is the plan for th e use of substitute ca reg ivers? PAYMENTS • What is the fee for the services that I need? • Extras? • When is payment expected' • Do I pay if my child is abse nt due to illness . vacation. etc .? • How are rate increases handled' PROVIDER QUAIJFICATIONS • Why do you provide chi ld care' • How long have yo u been in the business? • What is your program's philosophy' • What training or education related to children? • What are your methods of discipline ? • Do you belong to any professional child care organizations? • Can you provide references? (. • ) ~ Xi N M ... . ..,. -,:..; -.__ • • ·, - .. ~« City of &9lewood~~ 3400 Soull'I Elai Slreel • E~ Colorado 80110 • 103-762-2300 TO: DAT£: I .. " - . . • ... 0 • .. I . • 0 , I • • • • • 0 I • • Public Hearing to gather citizen input on amendments to the Englewood Municipal Code regarding Home Occupations . August 21. 1995 7:30 pm Englewood City Hall Council Chambers Anyone interested may express opinions in person at the Public Hearing or in writing to the City Clerk . Letters must be received by 5 :00 pm on August 21. 1995. ' • •. • 0 • I . • ~ . . 0 I r I,,· - --- • • ,,, _ • ,~ • - ri· ANGLE TREE co. 4450 South Wind1!1'111e"e Englewood, CO 8G110 PHONE: 761-3052 RECEjVED CITY Of ENGLEWOOD, CO. NOVEMBER 4, 1994 TO ALI. CITY COUNCIL MEMBERS: AUG 1 71995 OFFICE OF THE CITYCLERK WE HAVE BEEN INFORMED THAT THE CIT'i COUNCIL IS CONSIDERING TO CHANGE THE ZONING REGULATIONS LIFTING THE BAN ON HOME OCCUPATIONS. BELOW ARE A FEW REASONS WE FEEL THIS WOULD BE DETRIMENTAL TO BUSINESSES SUCH AS OURS: ALREADY HERE IN ENGLEWOOD YOU HAVE LICENSED ARBORISTS THAT WORK OUT OF THEIR HOUSE, MEANING THEY DON'T HAVE TO PAY FOR A BUSINESS PHONE, WE PAY OVER $4,500.00 PER YEAR. THEY DON'T HAVE TO PAY FOR PROPERTY TAXES ON LAND FOR THEIR EQUIPMENT AS THEY PARK THEIR TRUCKS OUT IN THE STREET, WE PAY OVER $15,000.00 PER YEAR. WHEN THEY PUT AN AD IN THE PAPERS (FOR EXAMPLE HELP WANTED), THE ROCKY MTN. NEWS AND THE DENVER POST GO BY YOUR PHONE NUMBER, IF THEY HAVE A RESIDENTIAL NUMBER THEY ARE CHARGED RESIDENTIAL RATES, WE HAVE TO PAY BUSINESS RATES WHICH ARE ABOUT 4 TIMES HIGHER. THEY WOULD HAVE NO "OPERATIONAL EXPENSES" SUCH AS UPKEEP ON THEIR BUSINESS PROPERTY AS IT WOULD JUST BE REPAIR TO THEIR HOUSE. OUR UPKEEP COMES TO OVEP $20,000.CO PER YEAR TO 'O.lNTAIN OUR BUSINESS PROPERTY. JUST THESE FEW EXAMPLES ARE REASONS WHY WHEN WE PUT IN A BID FOR OPEN BID JOBS, WE ARE SOMETIMES $10,000.00 OVER OUR COMPETITORS AS THEY 00 NOT HAVE THlS OVERHEAD. THE FOLLOWING COMPAl" IES HAVE AllBORISTS LICENSES HERE IN ENGLEWOOD AND THEY ARE WORKINC. OUT OF THEIR RlA-ZONED HOUSES. 1, ALL AMERICAN TREE CO. 4444 S. ACOMA ST. 2. APEX STUMP CUTTERS 4562 S. GRANT ST. J. DENVER TREE, SHRUB J096 S. LOGAN ST, 4. FRONT RANGE TREE SERVICE 4030 S. GRANT ST. 5. A CEMENT COMPANY RIGHT AT QUINCY' FOX ST. Memben: Nallonal Ar:..Wial Aaaoclallon AaNdalad Lan...._,. Con~ olColoraolo lnternatleeal Society of Arllore,okan · Roelly .._ntain Cha,- ...... I . • 0 , I • • . • ' .. -2- ROif DID 'l'IIBSB COIIPAMIES GET A LICENSE IN THE 1ST PLACE?? THESE BUSINESS MAY ONLY BE l OR 2 MAN OPERATIONS AS OURS IS ON THE AVERAGE OP' 40 EMPLOYEES. BUT WE STILL BID ON THE SANE PROPERTIES TO THE DOWN A TREE OR TO TAKE CARE OF A LAWN. EVEN WHEN PEOPLE IIAKB ARTS, CRAFTS IN THEIR HOME AND WISH TO HAVE A BUSINBSS LICENSE, THBY ARE COMPETING WITH BUSINESS OWNERS AT ART AND CRAFT FAIRS, WITH THE BUSINESS OWNERS HAVING AN OFFICE OUTSIDE OF THEIR HOME , THEY INCUR OVERHEAD. IT MAXES COMPETING VERY UNFAIR! WE ASK THAT YOU DEFEAT THIS PROPOSAL. RESIDENTIAL AREAS ONLY. IF YOU HAVE ANY QUESTIONS, GIVE US A CALL. SINCERELY, ~~~ NANCY SHIELDS SECRETARY CC: SHERI GULLEY ALEX HABENICHT TON BURNS RITA HATHAWAY ALFRED F. VORNITTAG KELLS WAGGONER CLYDE WIGGINS ENGLEWOOD HERALD KEEP RlA ZONING FOR I> - ' ' • ' • ... I. • 0 ~-r • • t• ·, • • --"* ~ .L.----..--. ----------- ~i ANGLE TREE & LAWN CO. 4450 South Windermere Englewood, CO 80110 ADDRESS CORRECTION REQUESTED City Clerk City or Englewood )400 s. Elati St, Englewood, CO 80110 • 0 ------.. ·----- -iijlE-3 II 111,1111, 1111111 ,llll, 11 .. I ,I 1111,11, .. U 11,l, I 111,111111,II • • • 0 , • First Int~ Bank Center 3333 Soudt Bannock Street, Suite 888 En1kwood, Colorado 80110 (lOl) 761-2322 Fu (lOl) 781-2501 ' • • • August 21, 1995 Englewood City Council City of Englewood 3400 s. Elati Street Englewood, Colorado 80110-2304 I~ AUG 2 11995 OFFICE OF THE C!TYCI.Em< RE: Council Bill No. 25 Amending Title XVI Chapter 4 of the Englewood Municiple Code, 1985 Regarding Home Occupations Ladies and Gentlemen of the Council: I have reviewed the proposed ordinance respecting home occupations in RlA zoned districts and have these comments: The ordinance should contain a provision that no commercial or Yellow Pages advertising or telephone nuabers of a business be maintained for the professional offices. M.P. 5 Section A, "the home occupation shall be restricted to professional offices as defined under Englewood Municipal Code 16- 8-1." Code 16-8-1 defines professional offices as follows: "The office of a person engaged in any occupation, vocation, or calling, not purely co .. ercial, aechanical, or agricultural in which a professed knowledge or skill in some department of science or learning is used by its practical application to the affairs of others, either advising or guiding them in serving their interest or welfare through the practice of an act founded thereon, such as medical doctors, dentists, attorneys-at-law, architects or engineers." There appears language which is not germane to the ordinance and contradicts the illustrations of such professions which may be carried on in a professional office. This section contains this language: "however this does not apply to foster family care" indicates that foster family care is a professional office activity. As this ordinance could be interpreted by the Building Department in issuing building permits, foster family care could occupy a whole residence. Foster care is not a professional business. ..... ,, _ • . .. I • • 0 f 32xl - Englewood City Council ., August 21, 1995 Page 2 • • • In evaluating this "ordinance" the Council should be careful in creating ambiguous language when the rest of the ordinance appears to be quite clear and straight forward. Please register my objection to the ordinance as proposed. There should be added a provision prohibiting business telephones in and advertising the home occupation. The foster family care language should be stricken. I also speak for Betty Ann Dittemore, my wife. RDD/gca cc: Honorable Kells Waggoner area over 35 years. The reason we like Englewood and like our ' . • . .. I. • I • 0 , .,~V I • PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORAOO ) ) .. CQ..NTYCFAIWWIE ) I, GMSld J. ,__ do~ 911118a' hll I anh PltJF .. fMtllVI/Warof h ~Hnld ltlllh sane II a waektf l'lflMPIP8I pmlllhm wi b Cly of l.ittlelOn in the COurty of ~ State of CNndO , and hal a general GiWallor\ hnlh: ... said l'liMll)IP8I' ,_ been published continuously and unitelqlldf .. said Coll'lY of _,.,_ tor a pellod of mant IWI 52 Wlllle ptarlD .. Int pid:allor1 of lht amaaed nallee, hll said nawepaper II ertared wi h Poll Ollice of ....... amaa,, • 98CORS class mail matter and that the said newspaper Is a newspaper within the meaning of the act of the General Assembly of the State of ColoradO, approved Mard'l 30. 1923. and erdled "legal NolkleS and~ and other acts relating to the printing and publishing of legal notice and was pmlllhm lnh~-----of said ,wwapaper, once each WIik. on h sane day of each weak. for a period of .............. / .................. . consecutive Insertions : thal the first publication of said notice was In the issue of said newspaper dated ........ 2.2 ......... 199..r publlcatlon of said notiCe of said newapaper dat'b(P .... ~ .............. 19 .. .. A ~ ............ ······················ Signature (. • 0 , . • D .... -.. ca, _ .... air.. ---· ---=~:~: ........ c::::_ ----·---___ 'lffl.E ... -• • Of' TIIE .-..--=--·· ·--.,:.-:;:r.:-..=..:::: ........ -..... a,,-.. _,.... .. -2,.-.._ =~a::-==--: ____ ........ -·--· .. -· .,_ ..... ~CIIJ - I . • 0 ..... '32 x l • 0 0 - The Englewood Citizen The City of Englewood . 3400 South Elati Street . Englewood , Colorado 80110 August -September 1995 Englewood Neighborhoods Make National Night Out a Success O n August I st , over I 50 Eng lewood ne ighborhood, held pot-luck dinners , ice-cream wcials. or panics to cel eb rat e the n:itionwitk National Night Out. This event i, d e~ignc<l to heighten crime and drug preven tion :1warl'nc,,, ,irengt h c n neighborhood ~pirit a nd community rel:ttion,, and ,end a mc,s:.i ge to criminals that we ca re about our community and won 't tole rate crimi nal activit v . Over 8. 700 comm unities a cross the United Sta t es p artic ip a te in "1\mcrica \ Night OUL J\gain,t Crime " every year. Englewood 's Department of Safety Servi,·e, would lik e to recogn i1.e a m! th a n k a ll the ncigbhnrhood , that p artici pa ted in thi, vear\ event. l'vkmbcr, of the Safct ,· Services dcpan,;tcnt , a, well :is t h e Citv Managl-r ',,°Offi ce a nd C:itv Council M c mhcr, spe nt the evening visiting neighborh ood gct-togcthcr, :111 o\'l'r the Ci ty . TJ,r 3900 blo ck of So11t/r Lincoln l1eca111e Englrwoo,l 's first "IJ/rt r Ribbon " Neighbor /r ood during Na ti onal Niglrt 011t Fcstil'ities bem 11 sr of t/r eir n•cent co1111111111i~y cleanup effo rt s. Public Hearing to gather citizen input on amendments to the Englewood Municipal Code regarding Home Occupations. August 21, 1995 7:30 pm Englewood City Hall Council Chambers Anyon e interested may express opinions in person at the Publi c Hearing or i n writing to the City Clerk. Letters must be received by 5 :00 pm on Augu st 21 . 1995 . Inside This Issue ... M essage from the C ity Manager .... 2 Golf Course Improvements . 3 H azardous W aste Drop-Ott Program 3 A ssista nt t o the Ci ty Manager . . 4 Safety Awareness Open H ouse ..... 4 Citizens A cademy Classes . . . ..... 4 Neighborhood W atch . . . . . . 5 R ent -A -W o rker ... 5 W ater Update .. 5 M a ll ey Center H appen ings ...... 6 Employees R ecogni zed . . 6 City C ode R e minde r . . . . . . . 7 S ounds o f S u mmer Concerts . . . . . 7 Upcoming Events . 8 N eighborhood S ervices Changes . 8 ENGLEWOOD CITY COUNCIL M•yo, Tom 8'.,rna, O.atnct II • MaVoJ Pro Tam Ate• Habenlch1 . At Large R111 Hathaway, 0.1tr1c t I • Alfred F. Vorm1ttag, J,., At Large • K .... Waggoner , At Lar .. • Mitch Waktman, Dtatr1ct Ill a Clyde Wiggtna , 0.ltnct N n,. E,,,,_wood CltJzw, -Aug.-Sept. 1995 Printed on Recycled Paper ,t. • I 0 () ' • • 0 - A MESSAGE FROM THE CITY MANAGER I recently passed my first anniversary date as your City Manager. Please accept my appreciation for the way you have made my famil y and me feel welcomed in the community. I also want to thank you for giving me the opportunity to serve you. Progress is being made at Cinderella City, albeit a little slower than we would prefer . I'm pleased to announce that the City and ,. - • the owners of Cinderella City, Equitable Real Estate, have reached agreement on all substantive issues except responsibility for environmental clean up. Equitable is completing an engineering study that should give us a pretty good idea how much the clean up will cost. Everything is a "go" aside from working out the environmental issues. Likewise, on the development side, the City and Miller-Kitchell Development have completed most of the development agreement activities pending resolution of the above environmental issues. • •••• The proposed 1996 City Budget will be submitted to City Council in September. Although sales tax receipts have dropped due to the decreased shopping opportunities at Cinderella City, overall retail activity has been stronger than expected. On the expenditure side , department directors have been encouraged to concentrate on cutting personnel costs, explore outsourcing opportunities, and examine ways to reduce vehicle fleet size . We've tentatively set Monday, October 9 for City Council's Public Hearing on the Budget. ••••• If you have an opportunity, I encourage you to visit the recently remodeled club house at the Englewood Golf Course . Duffers will be particularly interested in the indoor training facility , which uses a system of video cameras and computer sensors to help you analyze your golf swing . The system can even measure how well your golf club head connected with the ball and whether you sliced or hooked the ball. The new nine hole Par 3 course is in the maturation stage. I'm looking forward to its opening, given my twenty-something handicap . ••••• Safety Services Director Al Stanley recently participated in the Law Enforcement Executive Development Seminar at the FBI Academy in Quantico, Virginia . This was a two week course and Al is eligible to take a four day refresher course every year . Both the seminar and refresher courses are paid for by the FBI. In addition , we are proud to announce Deputy Safety Services Director Chris Olson has been accepted into the FBI National Academy this Fall . This is an eleven week assignment with nearly all expenses paid for by the FBI. Please join me in congratulating Chris . .. .... t l • ... I • • • • • • <. What's New at the Golf Course? Just About Everything! Wow! Alm os t everyth ing is "new" at the Englewood Municipal Golf Course. Englewood recently completed expansion and ma ny improvements to its golf facilities . Thi s publi c golf course now offers services similar to many of the a rea's privat dubs. The improvements include : New Indoor Learning Center with 6 hitting bays, including 2 golf swing analyzers and games ; New Dye design lighted driving range with target greens ; New Dye design Par 3 Golf Course to be open this fall. From the back tees, this is the longest par 3 course in Colorado ; New pitching, putting, and sand bunker to open in the fall ; r~ Newly remodeled and fully stocked pro shop; Newly remodeled club house , restaurant, and outside patio area ; Upgraded fleet of Golf Cans. The Par 3 course opening this fall will serve golfers who want to work on their shon game. This new course is also perfect for beginning golfers . The new Indoor Learning Cente r has state-of-the-an computerized hitting bays and golf analyzers for skill practice and swing improvement, offering golfers of all skill levels an opponunity to improve their games during any season . The Englewood Golf Course is located at 210 I West Oxford Avenue. We e ncourage residents and businesses to vi sit the new and improved facilities . • COUNCIL CANDIDATE PACKETS are available in the City Clerk's Office for reaidenta interested in running for City Council in this November's election. Call 782-2406 for more information. • E-teflewood's new and improved Golf Coune Club Howe and Indoor Leaming Center an muly and open for bwiness! n Al 111 • Nel11fnls .......... Laltmonlh'•._... ............ -· ............. wilh r+id • ....., diapoeirlg of .., 1..600 ...... of houNhold hnr .. -.. The nad dlap,Gff .... held: IA1UIIIMY ... I IIU&l.11H ·-··~ Engla iaadS...... 2800 Soulh ,.._ ._ Driw IIHldrnta can dnlp off: Lam Painll: ic.a.n.; W... Molar OI; OI .._. Painll; ~ ....... Paint ThinMrs; Ai.11111 HE; end ..... Ne ...... _ .. '9 111$1 t ... Piil lillll ... ft JI I Ill • ........ ,. ...... Bl 1$11 t Pleofelr 11 ........ ......_ IW'OII would ........ II•• 111111 on .. ....-. Oii 78HMI. ' • . ... I . • 0 • NEW AsSISTANT TO THE CITY MANAGER WILL FOCUS ON COMMUNITY OUTREACH Suzie Grace has been hired as Englewood's Assistant to the City Manager. Originally from Winter Park, Florida (a small town in the big city of Orlando), Ms . Grace's responsibilities in Englewood will include communications efforts and intergovernmental liaison duties, but her primary focus will be on community outreach and forging positive community partnerships. Grace has a Master's degree in Public Administration, and extensive experience in both the public and private sec tors . She comes to Englewood, most recently, from a post as a neighborhood liai so n for the Mayor of Orlando. Please help us welcome Suzie Grace to the City of Englewood. If you have any questions, comments, or suggestions, or if you'd like more information on how your neighborhood can get more involved in the community, call the City Manager's Office at 762-2315. • 0 • ·~ • MARI< YOUR CAL.END~! The E:nve-c,d Depa,trnent of ~tfaty ~~ lnYltet V ou to Join the f:ectlYltlec et IRAnn1111I ~ArtTY AWARttJ~ OPttJ HOU~[ gatutday, Octobf!t 14, 1995 IO 11n tog pm at the [nglel,lood Polfea.lrlte Cantu gs1s ~outh E:1at1 ~ttee• /:ree {xhihik and Oemo11£f11lfio11£ /:,ee Ba/10011£ and /:ace-Pai11fi11g Ptize Ota1t11i11g£ {11te1/T/i11me11t Po£fet Co11fe£f A1t1111td£ Ce1emo11y Something fot [ve,yone -Lott of Slltflricee! Corne and Join the run! BRING THE WHOLE J:AMIL Y FALL CITIZENS' ACADEMY CLASSES OFFERED ,, - - Join your neighbor and CERTIFIED CPR COURSE Other classes will include take advantage of a unique Oct. 4, 1995 6 :30 · 9:30 pm instruction and information on educational opportunity --the Class participants will learn the self-defense, community itizcns ' Academy offered by tcchniqures required for CPR policing, victim awareness, and Englewood's Department of (Cardiopulmonary disaster preparedness . Each Safety Services . The Academy Resuscitation .) class requires minimum offers ongoing classes taught Class Fee $15 .00 enrollment of ten panicipants. by qualified police and fire personnel. Most classe are EMERGENCY FIRST AID The fall class list will be free of charge . Oct . 18, 1995 7 • 9 pm finalized soon. If you'd like a Learn emergency first aid complete class listing, and are A sa mpling of this fall's techniques that you can use interested in enrolling in any offerings include s: until professional help arrives . of the classes, call 762-2445. • .. J I • • 0 \ ' r;.' '32xl • • • IF You DON'T WATCH YOUR NEIGHBORHOOD, WHO WILL? Englewood's Neighborhood Watch program is growing rapidl y. There arc 91 new neighborhood s involved in the program thi s year. The business community has also welcomed 80 new businesses into the Business Watch program . If yo u a re interested in becoming a part of Neighborhood Watch or Business Watch , call Community Relations Officer Nancy Peterson at 789-2122 , or Public Educa tion Specialist Marie D ymek , at 781-6075 . RENT-A-WORKER Job kfeml Senice "you .. • worur...,..... 1n making • little ex1ra money this IUl'llffl8r, or if you nNd..,... help around Iha houN or ,-d. die Rent-A-Wortr.er proglWII may ... abletohalpyouf Call Caral Mc:Guigan at 711-1608 for d9taila on thia iob referral Nnrice . n. I cs sd ... la pulllllhed Ill-_... .......... ......._ .... _ ... .. .... ....., ...,. .. City of & .......... If""'-..,-·· ••.................... City ......... OflN • 7U·2111. 1NI .................. In ....... fGffllll lft ...... ..... - • "' - 0 • • WHAT'S IN THE WATER? Have you been see ing "dirty" water when you turn on the faucet in yo ur home ? Well , don ·t worry . Englewood 's potable water is tested on a regular basis, a nd according to th e Health Department, it is perfectly safe to drink . The color and sediment yo u may be experiencing in your wate r are due to mineral d eposits inside aging pipes . In creased water u sage so metimes pulls these deposits loose . Each April, the City's water crews conduct a "S pring cleaning" of water mains in order to nush out the year's accumulated sediments. Because May and June of thi s year were exceptionally cool and rainy , the City's water demand has been less than historically normal for these months , allowing mineral to redeposit. As a result, the deposits that were nushed in April need to be flushed through the water distribution system again . As the water begins to flow faster , mineral deposits break loose . Discolored water should disappear as the system cleans itself, and clear water should return as our weather returns to normal. For residences still experiencing "dirty" water, Englewood 's Utilities Department recommends running your outside hose faucet or inside cold water tap for 15 to 30 minutes, or until the discoloration has subsided. For more information about your water, please contact the Utilities Department at 762-2635 . In Other Water-Related News: During the summer months, the Englewood Fire Division conducts fire hydrant flow tests in all areas of the city. These tests provide important data regarding the amount of water available for firefighting in a particular area or zone . Not only does this testing allow the fire division to gain important information for firefighting , it also provides data on the water sys tem for the Insurance Services Office (ISO) rating. This rating, which helps determine the insurability of property within the c ity , has historically remained low . A low ISO rating translates into lower insurance premiums for property owners . The conditions produced during this hydrant testing (possible "dirty" water), may cause short-term inconveniences, but arc extremely beneficial to c itize ns and busine sses in the long run . The Englewood Fire Division thanks re sidents for their patience during these testing procedures . If you would like further information on this process , call the Englewood Fire Division at 762-2470. I .... ....... ... ... I • • 0 , 2 Malley Center Happenings The Malley Senior Recreation Center is offering many classes and activities for the fall season . • FISHING TRIPS Get your fishing license, grab your fishing equipment, a sack lunch , and make a day of it! • MOUNTAIN PICNICS Pack a picnic lunch and join us for a relaxing mountain journey. Picnic locations include Evergreen, Flagstaff Mountain, and Castlewood Canyon State Park . • SOUNDS OF AlPENGLO Special afternoon concen scheduled for August 31 at the Malley Center. • Sour & MUFFIN LUNOI The Malley Center's "Soup & Muffin Lunch" is served with a smile every Friday from I I :30 to noon for only $1 .50. • ROCKY MOUNTAIN SENIOR GAMES Congratulations to the Malley Center's Senior Games Team for its stellar performances at the recent Rocky Mountain Senior Games . For details on any of the above programs, see your current Malley Center activities brochure, or call Pat Austin at 781-5508. ,.. --····--·-·---1111 • .. ..... • 0 • YACHT RACE RAISES NEEDED FUNDS Englewood's Recrution Department held • "yacht race· lut mon1h 10 raiN money for die 0apanment·1 .._r .... Out ,.._., for ..... in the communily. During the race. Belleview Part Creek W8I fillld willl over 200 boe1-. railing over $1,300 for die Nila-Time Out Program. The Recnation Department would lib 10 thank die falowilig IPOll90l'I for their generaua prize donations: • Dl9ooYmw TOYS • ENol.Ewooo RE.alEATION CDfftR • FIRST IN'ralsTATE 8- • EL SM.oN INc. • BuroCK~ PEA • 8ARowAY, PoRrul & lHoMAs, A1TOl•crs AT I.Aw • CouNTIIY lkWnT • ENoLEwooD Gour ec.... • CHUCK E. CHEESE • HOlllalt Oun.ET • RIVEIIWGoLI ·~ PHlu,etJIIMONIC • A· I l'RoPHIEs • NnlST DEIIIIIA HAMM • KING 5ooPals • Ma...ooY Musec • SAlrEwAY • RoclcY MouNTAIN HAIILEY DAYIDeON • lHE HAIR STATION • Ck.Aaa WAMHOU• • ANoaff'e WATCH 9t.c. • CHM DMN'e FARM • La'• Ma'• 9TOM • FEY PRooucnaNe .. WASTEWATER TREATMENT PLANT RESEARCH GETS NATIONAL AMNTION Al Garcia and Dave Louch , Industrial Pretreatment Specialists at the Littleton/ Englewood Wastewater Treatment Plant were published recently in Qpcratjons &nm,., a national magazine put out by the Water Environment Federation. Their anicle, "Combating Oil and Grease ,· has been very well received . Since its publication, staff members at the Plant have received phone calls from pre-treatment depanments across the nation asking about the findings in the anicle. The feedback from this anicle has been very positive, and the information published is valuable to other cities . The City would like to congratulate staff members Al Garcia and Dave Louch on their laudable research and communication effons. BAU.OTISSUES F VOU HAW OUES1D11S MOUT ENGLEWOOD'S IMICOMNO uw,r ISIUES. FN:r St&TS WU • AYII/Ullai M'1IIII AUGUST 281H. 'WJU CM PICK THIM WI AT 1HE RJU.OlfJINCI LOCAllDNS: CflYHML IMLlft Clll1III IIICIIM11DN Clll1III IMIEIY-U ca CIIIIPUX UIMIW w, • " ,-• / "w...... ......... • ~ <1'1>' ' ~ .... ~ .... -~-~·-·-.... : ..... I • • 0 I 32 x l Residents are bc11r111d 11 111w1re 11 CilV c,1111 En glewood's Ne igh borhood Service Di vis io n would lik e t o o ffer the fo ll owin g re m inde r s tO he lp ci ti zen s compl y w it h t he C it y's codes . Wffll•TIIII The C ity o f Englewood req u ires the re mova l of trash from res id e n ces a nd busi nesses , a n d ma inte n a nce of grass a n d weed s . G rass or weeds o ve r six in ches tall a re in vio lation of it y o rdin a nces . Tras h , litte r , a nd d e bri s mu t be pl aced in ga rbage co nta ine rs with lockin g lid s, and sho uld not be put out for pi ck-up more th a n 24 h o urs in advance . If yo u have a n y question s about weed s and trash re moval , o r if yo u h ave o ld applia n ces you n eed to di spose of, ca ll Community Se rvi ces Coo rdin ato r Joyce Pa rso n s at 762-2340. IJlllllll.1111111 Acco rd ing t o Engl ewood's Ordinances, dog and ca t own e rs must have control o f their animals at all ti mes . Owne rs are al so required t o "pick up " a fte r t he ir animal s. Continuall y ba rkin g dogs a re al so a violation o f En glewood's o rd in a nces . Fo r sugges tion s on ways you ca n ge t yo ur dog to sto p barking, call Animal Contro l Offi ce r Margi e Moore a t 762- 23 4 3 . The Animal Control Divi sion al so has cat tra p s av a il a bl e if you h ave stray cat proble m s. A $25 .0 0 re fundabl e d epos it is required . Fo r additi o n a l in fo rm a tion o n a n y o f Englewood 's Cod es. call the Ne ighborhood Se rv ices D iv ision a t 762-2340 . ,-• 0 • • ,------------------ J, 13 Jt 1' Jt 13 Jt 1' Jt 1' Jt 1' Jt ~ounds: of ~ummet 1995 Coneett ~ehedula Aug. 17 ~U~ VAlllll All P......,.0.-._,~ Au&, 24 ~-Of 111( ~ ..... c.-. ThllPlfllllltc...tS.-1a~1 ..... Ilg: THE EIKllWOOD DOWNTOWN l){VEL()PIIEIIT AUTHORITY ~el ..... Calwtl ruala Dlabfet •.. 0.... c..,.a ... ~ ........... . ,,......, ....... .... Al COflC*ta -tree. In the event of rain, concem wil be held • Center Coun in Cindenllla City. L------------------ LIBRARY STORYTIME NOTICE: The Englewood Public Library Storytimes will not be held during the weeks of August 14 and August 21 . Storytirnes will resume the week of August 28. WATCH FOR THE UPCOMING BUDGET & ELECTION ISSUE OF THE CITIZEN NEwsl.ETTER THE OCTOBER/NOVEM8ER EDITION OF THE ENGLEWOOD CITIZEN Will CONTAIN INFORMATION ON THE PIIOPOIED 1111 BUDGET FOIi THE CITY OF ENGLEWOOD. AS WELL AS ENGLEWOOD'S BAU.OT ISSUES IEING DECIDED DUIIING NDVB•BL I ELECTION. WE ENCOURAGE You 10 8E AN INWX.WO ClnZEN MID AN NQIIAEO Vorel . ...... -----. ...... ,.. • .. ..... 1 • ...... ... I . • 0 '32 x l ]- • • • (. UPCOMING EVENTS T-.Aug.16 c.......1.-,•••.~.._ .... 7pm E':nglnwood Pulllc Ulnry (712-2180 for clatalln.l Wm. Aug. 11 ............ Ulnry ...... 7-lpm Ulnry ..... Ronin (71Z-2NO ........ , Sat.Aug.19 I .. 1111 I 11 I Car ... 10Hlll·2pm ..... PHltt. (78Z-2UO ........ , nu.. Aug. 17 ._. .. ,,..... 7 pm Sounds of S.-c.-t (lne 1111H 7.) Man. Aug. 21 I .. 1IIIClly«:...a ..... 7:30 PIii ei ... ooc1 Qty HIii, 3400 •• 111111 .._ nu.. Aug 24 ................ 1.- Sounds of..__ c.-t CIN .... 7.1 T-.Snpt.ti 14' alllClly«:...a..._ 7:30,- w.d.Snpt.l • we •• • • • ........ C'IIIIIPIII' ..._ 711111 ~ c.n.r. tcnl 781-eo71 b ....... S..Snpt.9 ........... ~...... • ..... 3 .... 28001. PIIIII "-Dr.-.... 3 ........ . Man.Snpt.11 I 11 1IIIClly«:...a ..... w.d. Snpt. 20 ......... ,.... ..... Ulnry Pwrin ...... (78Z•211D tar ....... The Englewood Citizen The City of Englewood 3400 South Elati Street Englewood, Colorado 80110 7:30,- 7-1,- CAR-RT-SORT POSTAL PATRON City of Englewood NEIGHBORHOOD SERVICES CHANGES LOCATIONS Englewood 's Neighborhood Services Division is now located at the Safety Services Complex, 3615 South Elati Street. Neighborhood Services handles enforcement for many of Englewood's Ordinances, including Animal Control, Weeds and Trash , Parking, and Abandoned Vehicles. Clip out the box below and place it near your phone for your convenience in reporting any City code violations . ~-----------------------------~--------~ NEIGHBORHOOD SERVICES 3615 South Elati Street 762-2340 • Code Enforcement 762-2340 762-2343 • Animal Control • Perking Violations 761-7 410 • Abandoned Vlthic:les 761-7410 BULK RATE US POSTAGE PAID Englewood. Colo . Permit No . 534 .,,_ . . • . .. 0 I. • 0 I xi PROOF OF PUBLICATION THE ENGLEWOOD HERALD STATE OF COLORAOO ) ) ss CXLNTYCFARAIW ICE ) I, a.Ml J.,,.,., do~ ..... talam .. A 57 lf..,PCE Twal .. BIUI, oad,,,,., ta ..... 11 a~ 119 µpl! sadllwd In .. C., of UIIIIICln In .. County of .......... 51* of Oolomdo •..... a gll*al ciaManbNln: ta llld NiilPIPII .. bNn published continuously and ~ln-~al ........ tar a palad al ........ 5'2 ..... pllarto ............ al .. 11..-1 nalD9. fa said Fl 111111* ii 1111119d In .. Alla OliDe al ~ c::IDllnllt. • .aara class mall maner and that the said newspaper II a newspaper wllhin the meaning of the ac:1 of the General Assembly of the State of ColonldD. appioved Maid'! 30, 1923, ..S ertllled '\.eglll Nalas ... AIMlll,.a, ........ other acts r9llling to the printing and publishing of legal notice and was sadllwdln .............. a1 said MwJPIP8(, OIIDI em'I week, on .. sanecta,al _,....._ tor a period of .............. / .................. . consecutive inNftionl: 11111 the first publication of said notiCe ... In the issue of said newapaper d-.cl ···~:~·~·-·~ d: :-theiac of said MWapapel' dat~rP····~···· .......... 19 ... . n.~ ................................. . Signature • • . • • EJIHWOOD --~--Cir _ .... Cir.. ---· _..,.. :'C:..::::;::;.'=: ----·-----mu; ll,QW'llll4. Of'lNE~ ...... ...-.---..:.a:=:-.. -.==:: ......... -.... Clr------11.-..... :i:::-ao::-==--: ----···· -·--·--.,---~Cllr ... -~A.-CIIC = Clrll --.. ..es---........ -- tJ,J.-;;..s I • • F/l/.9~ 0 ' , "" I J - • • • • CITY OF ENGLEWOOD AUGUST 21, 1115 AGENDA ITEII NO. I a PUBLIC HEARING BEFORE TIE ENGLEWOOD CITY COUNCI. TO GATHER CITIZEN INPUT ON AIIENOIIENTS TO THE ENGLEWOOD MUNICIPAL CODE RELATNE TO IIIJaE OCCUPATIONS PLEASE PRINT NAME ADDRESS YVA "1.rn fez... e?z: 2 s:: sA EtoJ; ta,to w (>d,1 Ro/(~ f'7e, .;./)Y'..,Jd:f,,,_fJt!~S pj-f) S . ..f{,v~vv-€,y~/,.. ' .. I . • 0 • • .. - -- • 0 - - ------- --- --- ------- ' • • .. - . ' '\ ---- ------ ------ ---------- ...... I ! ". .. I· • 0 ... 0 ~ ? lf; ~ s ? 'II; ii~!; R. I " " r r : r I ' iV .. .. .. .. .. i 1 -! i-f IJf 1;1 'I 111; 11' •j 11 i! di tit! ·1 • li I~ I 111 ti 'i, , i 1, {! ,f ;,Ji1 ·-111 If I ! t Jt. l ~ 'ti IJ& t I t li l ·1111 ;fl. JI r} f JI;:' i? liJ 11 I 't. JI~ J Jt'' :1 ff J t ! Ii 1: !1! l1 , J l [J I ff fl ,j!f 1J I! " .. I ... t ,. .• 1.1 ,.J f . } l f ii ~ r I lf) ti : 1 t ft f Jl Ii :11 1 1 1 I i I i M Ji P I ti i '1·1 1n !U I ' l Is I • 1· 11 lf j'. J J J.' l I J 1, 1 t i t i 1 ~,. t1 l I ~ ·t '!f ·1 Iii t J I 1' ,· 1,· '11J t, I f1 f ! ! !t I 11 il ., I J: 1t t . I l f. f tt l f . : · 1 I If j J l J ! tr ~ . , • • I r•I ~.(1 t:.. a:> oil er. I -111! M I . . ~ ' • . .. • • • COUNCQ,, COMMUNICA'DQN DA1E: Auplt 21, 1995 AOENDAl'IDI SUBJECT: A Bill tbr aa Ordi- .a Alaiiizilc E.uc:ution of 10 a 1 IGA tbr Enmion of 1994 <DBG INfflATED BY: Depa• 1ofO I j STAFF SOURCE: C. IL e.rty, AaJaa Di-........ fflCIOr of Comnmnity Dneq •• Q)UNQI, GOAi, AND 'IIYJOlB mllNQL ACIJON; Council 1rpp10¥ed, on Mays. 1994. die .... ., ......... --widl Anpllloe C-, for die 1994 Anplboe County Commtmity Develllpnwc Bloct Onat Plop'a by ,.... of Ordi- rm No. 17, Series of 1994. The ,........ CDlllaiaed two projecls: 1) Houlia& ltebabililllion Lola Propan; 111d l) Fanily Self Sufflc:iency ............. by die Ellpwood ..... Audaity To 1rppi'CM die eslMlicw ofdle Apw ID April l, 1996 ID allow IUflidelll dme ID •Oliiplele die ......... ,.,iliaaion Loa,....__ NCEGIO!!NPa ANM:YPS AND M,JPNDYIS IJIPlltlhl; n.e.._..leb+Propanllll.mtftdlJ.....,•19Mlla ••IIJ .. aea.t:1 ,nuke daeofMay]l, 1995. 'lhelGAatemionlDApril 1, 1996wil111Dwb• Cl ipllM....-, 6 of6.iids .. QNANQAL JMPACI'; None UST Of AJTAQIMf.NTS; Bill for Ordimnce • . • • ORDINANCE NO . _ SERIESOF 1995 . ' • • - BY AUTHORITY A BILL FOR GOmfCll. BILL NO. 41 INTRODUCED BY COUNCIL MEMBER ______ _ AN ORDINANCE AUTHORIZING AN EXTENSION OF TDIE A FOR THE 1994 ARAPAHOE COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM BETWEEN THE ARAPAHOE BOARD OF COUNTY COMMISSIONERS AND THE CITY OF ENGLEWOOD TO ALLOW FOR THE COMPLETE EXPENDITURE OF FUNDS. WHEREAS, with the passage of Ordinance No . 17, Series of 1994, the Englewood City Council authorized an intergovernmental agreement with Arapahoe County for the 1994 Arapahoe County Community Development Block Grant Propam; and WHEREAS, the Agreement contained two projects consisting of a Housing Rehabilitation Loan Program and a Family Self Sufficiency Program to be sponaorecl by the Englewood Housing Authority; and WHEREAS, the Housing Rehabilitation Loan Program has not fully expended the 1994 allocation by the contract completion date of May 31, 1995; and WHEREAS, the extension of time through April l, 1996, will allow sufficient time to complete the Housing Rehabilitation Loan Procram and to complete expenditure of funda; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sgtjgn J. The City Council of the City of Englewood, Colorado hereby approves Amendment No . l, to the Subcrant.ee Acne-t for the 1994 County Community Development Block Grant Procram with Arapahoe County for an utemion of time until April 1, 1996. Sectioo 2. The Mayor is authoriud to execute and the City Clerk to au.t and Nal the Amendment No . l , to the Community Development Block Grant Acree-t for and on behalf of the City of Englewood, Colorado. Segjgn 3. The City Manager s hall be authorized to further extend the Community Development Block Grant Amendment No . 1 to fully upend the 1994 all-tion. Introduced, read in full, and paued on first readinc on the 21st day of Aucust, 1995. .... ,- • . • ., I· • 0 f 32xl - • • • C, Published as a Bill for an Ordinance on the 24th day rL Aucust, 1995 . ., 'ntomu J . Bums, Mayor A'M'EST: Low:rishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk rL the City rL Enctewood, Colorado, hereby certify that the above and forecoinc is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first readinc on the 21st day of Aucust, 1995. Loucrishia A. Ellis . . I· • 0 '32 x l • • • - UDDIIBll'l'IIO. _,op ____ _ TO THE COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT This AMENDMENT NO. ONE made this day of 199L by and between ~c~i~t~v'-'oyf..._.En..,a~l~ew.....,ood"""'._....,._....,... ________ _ (SubGrantee) and the Board of County co-issioners of Arapahoe County, Colorado (County). WHEREAS, the SubGrantee agreed to complete the project known as Housing Rehabilitation Loan Program C?i-EN-RB-,211 and entered into a co-unity Developaent Block Grant Agreement (Agreeaent) with County, dated May 31, 199~; and WHEREAS, the SubGrantee agreed to complete the project by BAY 31, 199L and due to unforeseen circuaatances completion of the project has been delayed, therefore tbe SubGrant .. would like to extend tbe agreeaent to April 1, 1991_; and Now, Therefore, for the autual conaideration of the parti-, tbe receipt and sufficiency of which are hereby acknowledgad, the parties hereby agr .. as follows: SubGrantee and County agr .. to extend tbe term of the Agre ... nt to April 1, 1991_. All other terms, conditions and sectiona of the original COIUlunity Development Block Grant Agreeaent dated Kay 31, 1995 and any previous amendment not inconaistent witb tbis Aaendaent No. One are reaffirmed and incorporated herein by this reference. 1 .... • . ... I . • 0 r\' , I:n Witn-• Whereat, duly executed this __ _ Atteat: Clerk to the Board • • • . . be Board or County o--luioners Arapahoe County, Colorado By ______________ _ a.alrian SUbGrantee: ------------ By: ______________ _ Title __________________ ~ 2 . ' .. \ I. • 0 I ~? 'x' I • • • COUNCIL COMMUNICATION DATE: August 21, 1995 AGENDA ITEM SUBJECT: 1996Community De- 10 a ii velopmcnt Block Grant INl11A TED BY: Dcpanmcnt of Community STAR SOURCE: C.R. Esterly, Acting Di- Development rector of Community Development COUNCIL GOAL AND PREVIOUS COUNCIL ACl]QN; ~: Housing Previous Action: City Council has approved resolutions to file CDBG applic:aions annually since 1977. In addition, the City Council approved the execution of an lntergovcmmcntal Agrecmem bclwccn the City of Englewood and Arapahoe County by passage of Ordinance 139, Series of 1994 covering the participation in the Arapahoe County CDBG Entitlement Program for funding years 1995 through 1997 . RECOMMENDED t\OJQN; Staff seeks Council suppon for a resolution to apply for a 1996 Community Development Block Grant (CDBG). Funding levels for 1996 are not yet available, but it is anticipared Iha the funding level will be close to the 1995 CDBG award, which wu S236,S77 . BACKGROUND, ANALYSIS, AND ALJERN&DVQ IDEN]]f]ED; The ~ Cl2IIG lmaJm consists of the following objectives: The Entitlement Program provides araru to unils of local aovcrnmc.-and urban COUllbC'S to meet housing and community dcvelopmcnl needs . The primary objective of the proaram is the devel- opment of viable urban communities by : 1) 2) providing decent housing and a suiuble living environment; and expanding economic opponunitics, principally for persons of low-and modcrare income . The objective of the Pro&ram is achieved duou&h a prosram developed by the local ao~ which is designed to give maximum priority to thole aclivitics which will benefit low-and moder- . ... ..... ,. - • . I. • 0 1 32 x l • • • • ·, - ate-income families or which will aid in the prevention or elimination of slum or blight. 1be re- quest for funds may also include activities which are designed to meet other urgent development needs in the community which pose a serious and immediale threat to the health or welfare of the conunmity if other financial resources are no( available. 1be activities that will best serve the objectives of the program will be delennined by the local aov· enunent . Funds, which are approprialed annually by the Congress for this program, are alloc:ar.ed by llalll- tory formula to each enlitlement area. Arapahoe County is an approved entitlemenl area. 1be grant funds are distributed on a formula basis to panicipating cities within Arapahoe County . In order to receive funds from the 1996 Arapahoe County CDBG Program, the local government must submit an application. Since the proaram is noncompetitive, the County will evaluate the applications based on compliance with the National Objectives. The .I.ml Program Objegjves: For fiscal year 1996, a muhi-project CDBG application is being proposed. Funds are bein& re- quested to suppon the City's cominuing Housing Rehabilitation Project and to provide funds for Family Self Sufficiency sponsored by the Englewood Housing Authority with the followin& esti- marm amounu : 1) $174,577 to rehabilitae 13 low-income housing units scaaered throughout the City . 2) $10,000 to support Family Self Sufficiency; 3) $12,000 for general administration; 4) $40,000 for direa adminisaaion. Fundin& will allow the continuation of the Housin& Rcblbilialion Prop-am, and will milt wilh die fundin& for the Family Self Sufficiency Procram sponsored by the En&lewood Housin& Aulborily . ONANCIAL IMPACT; The existin& housin& employees in the Community Development Depanment are available to ad- minisler the procram, and their salaries and benefits are part of the City's conaibulion toward fundin& the Housina Rehabilitation Program . The City will utilize a portion of the CDBG fundin& ($52,000) earmarked for "administration w to panially off-set the cost of those salaries and benefib. LIST Of A]TACHMENTS; Resolution •. ... I . • 0 \ , [:,,· '32 x l • • RESOLUTION NO. _ SERIES OF 1995 ' • • , .. • A RESOLUTION BY THE CITY OF ENGLEWOOD AUTHORIZING THE DEPARTMENT OF COMMUNITY DEVELOPMENT TO FILE AN APPLICATION WITH ARAPAHOE COUNTY FOR A 1996 COMMUNITY DEVELOPMENT BLOCK GRANT TO FUND THE HOUSING REHABILITATION PROGRAM AND ASSIST WITH THE FUNDING FOR THE FAMILY SELF SUFFICIENCY PROGRAM. WHEREAS, Englewood City Council baa approved CDBG applications since 1977 and approved the execution of an Intergovernmental Agreement with the passage of Ordinance No . 37, Series of 1991 coverinc the City's participation in the Arapahoe County CDBG Entitlement Program for funding years 1992 through 1994; and WHEREAS, the Englewood City Council approved passage of Ordinance No. 39, Series of 1994, authorizing the execution of an Intergovernmental Agreement between the City of Englewood and Arapahoe County covering participation in the Arapahoe County CDBG Entitlement Program for funding years 1995 through 1997; and WHEREAS, the Arapahoe County Community Development Block Grant Program provides grants to participating municipalities to meet housing and community development needs; and WHEREAS, to compete in the Arapahoe County Community Development Block Grant Program, local governments must submit an application; and WHEREAS, the City of Englewood has received a notice of fund availability; and WHEREAS, the Department of Community Development desires to apply for these funds through the Arapahoe County 1996 Community Development Block Grant to fund the Housing Rehabilitation Program and assist with the funding for the Family Self Sufficiency Program in the City of Englewood; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: 5ect,jpn 1. The Department of Community Development is hereby authorized to file an application for an Arapahoe County 1996 Community Development Block Grant to fund the Housing Rehabilitation Program and assist with the funding for the Family Self Sufficiency Program in for the City of Englewood . 5ect,ipn 2. The Mayor and City Clerk are authorized to sign and attest all neceuary forms, documents, assurances and certification, for the Community Development Block Grant for and on behalf of the City Council and the City of Englewood. ADOPTED AND APPROVED this 21st day of Aucua, 1995. ATTEST : Thomas J . Bumi, Mayor Loucri1hia A. Elli,, City Clerk ,. - • . ... I • • 0 • , r f;,1 1 32 x l • • • • • <. I, Loucriabia A Ellia, City Clerk for the City fl Enclewood, Colorado, hereby certify the above is a true copy «Resolution No._. Series« 1995. • ,, -. . • ... I . • 0 • • . ,~ - ... COUNCIL COMMUNICATION DATE: AGENDA ITEM: SUBJECT: August 21 , l 99S Craig Hospilal Air Rights 10 a iii Agreement INITIATED av : STAFF SOURCE: Dcpanmair al 0--mity Dcw:lopmc:nl Harold J . Stitt. Planning Administnlor CQUNQL GOAL AND PREVIOUS CQUNQL ACTION; The Craig Hospital Planned Deve1opmmt wu app'OWd by Resolution Number 81 Series of 1994 . RECOMMENDED ACTION : To adopt an ordinance approving an air rights lcase bclwem the City and Craig HospitaJ to permit Craig Hospital to COIIIU\ICl a pcdcslrian bridge over Soulb Clarbon Scrcct . BACKGROUND, ANALYSIS, AND ALJEBNADYES IQENTIFIED; In 1994 Craig Hmpilal requested and rccciYed appnwal al a ...... Deldapmcml for an expansion of their facility . The C1IJW!P9D plw were for a 11:-itml care facility locafed cm the cast side of 3400 block Soudi Clarbon Stta:t. lncludc,d IS a pan afthe IIJPIOWld ...... Dcvdopmeat is a brid&c across Soudt Clubm Stta:t linking the aisciag bolpilal widl the pnlpCIIIIII a:_.ional care facility . In order to CIOllllnlc:l the bridF the City must first lcase the air ripb _. the public rigbl-of-way to Craig Hospital . The bridge will be a two llOly lb\lc:IUre wbic:b will provick for improwd palient and Slaff' acceu bclwem the Hospital and the Transitional Care Facility . The bridF will be approximatdy twenty eight feet in height, tea feet in width and not lea than fifteen feet aboYe the pramt grade al Soudt Clarkson Street . FINANQAL IMPACT; Revenues will be gcneralCd by the building permit fee for the lbUCIUre and the annual lease paymealS . There are no ocher direct filWICial impacts to the City IS a result al action taken in this matter. LIST Of ATTACHMENTS; Air Rights Lease Lcpl Dcacription Bill for Ordinanc:c • ..... • I· • 0 f J2xl • • • > LEGAL DESCRIPTION FOR "CLARKSON STREET OVERPASS" An NNment for the construction of a pedestrian 0119fP11SS and for a pedestrian ingrna and egress across said overpass. The lowest point on the bottom of said overpass ta at an elevation of 5390.00 feet u.s.G.S. datua. The horizontal projection of said easeaent is described as follows: A parcel of land situated in a part of South Clarkson Street and a portion of the Southeast one quarter of Section 34, and the Southwest one quarter of Section 35, all in Township 4 South, Range 68 West, of the 6th Principal Meridian, City of Englewood, County of Arapahoe, State of Colorado, being described as follows: CQIIENCING at the Southeast corner of said Section 34; thence Westerly along the South line of said Section 34, a distance of 30.00 feet, to a point on the West right-of-way line of South Clarkson Street extended south; thence North along said extended Wast right-of-way line a distance of 25.00 feet to the intersection of said Wast right-of-way line of South Clarkson Street with the North right-of- way line of East Haapden Avenue; thence Northerly along the Westerly right-of-way line of south Clarkson Street a distance of 347 .65 feet to the POINT Of BEGI•INB of this description; thence continuing Northerly along said Westerly right-of- way, line a distance of 10.52 feet; thence Easterly on a deflection angle to the right of 86"59'57M a distance of 81.33 feet to the Easterly right-of-way line of South Clarkson Street; thence southerly along said Easterly right-of-way line, on a deflection angle to the right of 13"11'13M a distance of 10.52 feet; thalc:e Westerly on a deflection angle to the right of 81"41'47M a distance of 11.21 feet to the Westerly right-of-way line of South Clarkaon Str .. t and the POIIIT Of BEGI•INB, containing~ square feet, aore or 1 .... ..... . ' • .. I . • 0 '32xl - • ,, -. - l:.ANll:H I CRAlG HOSPITAL CLARKSON STREE:T PEDl<~STRIAN OVERPASS I I ~- 86"59'57" ~ ,'/. :'./"///, %"-(0, POINT Of ~ ,~/,~,0~/////' ·, BEGINNING / 61129 ... I .,, .. ~ ii Sl 5~ l~u~ u,~ -I !i"' I ::i~ ~ I ti~ 1 5 ~a :l : ) ,..: z .. :I ~ Ii t-: r ; ~ ; tf .. Z ., I Wai:I! :::IW ~i~ (.) 8>- ~ti~ t-;~ zi!=~ SCALE: 1• • 20' L --I ~~~ I SOUTH LINE, SE 1/4 ; \ : HAMPDEN AVENUE SECTION 34 ~ I_ _ ~ 3_: _ - • I J ... .. I· • 0 1 32xl • ORDINANCE NO . _ SERIES OF 1995 ' • 0 - BY AUTHORITY A BILL FOR :~ COUNCIL BILL NO. 52 INTRODUCED BY COUNCIL MEMBER~------ AN ORDINANCE APPROVING A LEASE BETWEEN CRAIG HOSPITAL AND THE CITY OF ENGLEWOOD, COLORADO TO OBTAIN AIRSPACE OVER A PUBLIC STREET, SOUTH CLARKSON STREET, BETWEEN EAST GIRARD AVENUE AND EAST HAMPDEN AVENUE, FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF A TWO LEVEL PEDESTRIAN OVERPASS. WHEREAS, the Englewood City Council with the passage of Resolution No. 81, Series of 1994 approved the planned development for Craig Hospital constructing a transitional care facility on the East side of the 3400 block of South Clarkson Street; and WHEREAS, Resolution No. 81, Series of 1994 approved the planned development for Craig Transitional Care Facility which consisted of a four story building with full basement, a two-story bridge connection to the existing hospital and an underground tunnel to link the basement levels; and WHEREAS, the planned development, approved by the Englewood City Council in November 7, 1994 included not only this lease for airspace but also an easement for a tunnel under the street connecting the two buildings; and WHEREAS, the underground tunnel has been removed from the planned development, is no longer needed, and the City will not be leasing underground tunnel rights for this planned development; and WHEREAS, the Englewood City Council with the passage of Ordinance No. 53, Series of 1994, approved the vacation of a 16 foot alley right-of-way in the 3400 block between South Clarkson and South Emerson to facilitate the development of the Craig Hospital transitional care facility; and WHEREAS, it is necessary for the health, safety and welfare of persons in the community using Craig Transitional Care Facility to have a safe means of access between Craig Hospital and the Transitional Care Facility; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT : 5ec;tjon 1. The Englewood City Council hereby approves the lease between the City of Englewood, Colorado, and Craig Hospital for airspace over South Clarkson Street between East Girard Avenue and East Hampden Avenue. The Air Rights Lease is attached hereto as Exhibit A. 5ec;tjon 2. The Mayor and the City Clerk are hereby authorized to sign and attest said lease for and on behalf of the City Council and the City of Englewood. Introduced, read in full, and passed on first readine on the 21st day of Au,uat, 1995. -I - .... ,,, ~ • . I • • 0 ]~ • r • • <. Publiahed u a Bill for an Ordinance on the 24th day of August, 1995. 'ntomu J . Bums, Mayor ATTEST : Low:riahia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Englewood. Colorado, hereby certify that the above and forecoinc is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first readinc on the 21st day of August, 1995. Loucrishia A. Ellis -2 - ,- . ' .. I. • 0 , ~~)(I • • ' • 0 • EXHIBIT A AIR RIGHTS LEASE /~ THIS LEASE entered into as of the __ day of 1995 between and among the CITY OF ENGLEWOOD, COLORADO, a municipal corporation, :UOO South Elati Street, Englewood, Colorado and CRAIG HOSPITAL, a Colorado nonprofit corporation, 3425 South Clarkson Street, Englewood, Colorado 80110. The parties hereto hereby covenant and agree as follows : 1. The City of Englewood (Lessor) hereby agrees to lease space over South Clarkson Street right-of-way between East Girard Avenue and East Hampden Avenue not less than fifteen (15) feet above said street at its present grade, ten and fifty -two hundredths (10.52) feet in width , and said space shall not be more than 28 and seventeen hundredths (28 .17) feet above its lowest elevation and is described as follows : An easement for the construction, maintenance and operation of a two (2 ) level pedestrian overpass and for a pedestrian ingress and egress across said overpass. The lowest point of the bottom of said overpass is at an elevation of 5390.00 feet U.S .G.S . datum . The horizontal projection of said easement is described as follows : A pan:el of land situated in a part of South Clarkson Street and a portion of the Southeast one quarter of Section 34, and the Southwest one quarter of Section 35, all in Township 4 South, Range 68 West, of the 6th Principal Meridian , City of Englewood, County of Arapahoe, State of Colorado, being described as follows: COMMENCING at the Southeast comer of said Section 34; thence Westerly along the South line of said Section 34, a distance of 30.00 feet, to a point on the West right-of-way line of South Clarkson Street extended South ; thence North along said extended West right-of-way line a distance of 25.00 feet to the intersection of said West right-of-way line of South Clarkson Street with the North richt-of-way line of East Hampden Avenue ; thence Northerly along the Westerly right-of-way line of South Clarkson Street a distance of 34 7 .65 feet to the POINT OF BEGINNING of this description ; thence continuing Northerly alone said Westerly richt-of-way , line a distance of 10.52 feet; thence Easterly on a deflection angle to the right of86° 59' sr a distance of61.33 feet to the Easterly right-of-way line of South Clarkson Street; thence Southerly along said Easterly right-of-way line, on a deflection angle to the right of93° 11' 13" a distance of 10.52 feet; thence Westerly on a deflection angle to the right of 86° 48' 47" a distance of61.29 feet to the Westerly right-of-way line of South Clarkson Street and the POINT OF BEGINNING, containing 6446 square feet, more or less. 2. This lease shall run for a period of forty (40) years from the date of the eitecution of said lease, provided, however, that Lessee may terminate said lease at any ..... ,. - • ... I • • 0 '32xl - • • • • • time during the forty (40 ) year period by giving Lessor due notice of their election to terminate said lease in writing by registered or certified mail, at lease one (1 ) year prior to termination date specified in said notice. Said termination shall not become effective until the structure is completely removed. Lessor and Lessee agree to negotiate in good faith for renewal of the term of the Lease upon the request of Lessee or Lessor. 3 . The rental payable to Lessor by Lessee under this lease shall be the sum of Ten Dollars ($10.00) per year, which rent.al shall be paid in annual installments, the first payment being due upon passage of the ordinance by Englewood City Council approving this lease, and future annual payments to be due thirty days prior to the annual anniversary date of said lease. 4 . Lessee covenants and agrees that upon execution of said lease with Lessor, it will construct and erect in the leased airspace, an enclosed two (2) level pedestrian skybridge which connects the Craig Transitional Care Facility structure located east of South Clarkson Street to Craig Hospital located West of South Clarkson Street, which skybridge to be constructed will be used for the movement of patients between the Craig Transitional Care Facility and Craig Hospital owned by the Lessee. 5 . Lessee shall have plans and specifications for said structure prepared by a registered professional engineer and approved by the City's Engineer and City's Chief Building Inspector. The structure shall be completed in every respect according to said plans and specifications and to the satisfaction of the registered professional engineer who shall supervise the construction thereof. Lessee shall further obtain the necessary permits from Lessor for the construction of said structure and pay all proper fees for the same, and comply with all building and zoning regulations of the City of Englewood and the St.ate of Colorado which shall at any time be applicable to the particular structure, or the construction and maintenance thereof. 6 . Lessee shall maintain said structure in a safe condition and regulate the use and occupancy thereof so that the structure or the use thereof will not be a hazard or danger to the persons or the property of the public using the street below said structure. 7 . Lessee shall maintain and keep in force during the term of said lease, public liability insurance in the minimum amount of Five Hundred Thousand Dollars ($500,000) for multiple claims arising out of an accident involvinc said structure or the use or occupancy of the leased premises. Lessor, in the policy, shall be held harmless from all claims, liabilities or causes of action arising out of any injury to any person, persons or damage to real or personal property arising out of construction, maintenance, destruction or dismantling of said structure or from the collapse of said structure or which may arise by reason of any material or thing whatsoever falling or being thrown from said structure. A certificate of insurance in the said sum noted above, including Lessor as a party insured, shall be deposited with the City Clerk of the City of Englewood prior to the construction of said structure . Minimum coverage for the benefit of the City shall at all times be the amount fl maximum liability for cities under the Colorado Government.al Immunity Act. ' - I • • 0 '32xl , I [:{ • • • - Craig Hospital agTees to indemnify and hold harmless the City of Englewood, its officers, employees, insurers, and self-insurance pool, from and against all liability, claims, and demands, on account of injury, loss, or damace, of any kind whatsoever, which may arise out of or are in any manner connected with this Lease. lf such injury, loss, or damage is or is claimed to be caUNd in whole or in part by the act, omission, or other fault of Craig Hospital, or any partner, officer, or employee of Craig Hospital , lessee agrees to investigate, handle, respond to, and to provide defense for any such liability, claims or demands at the sole expense of Craic Hospital and agrees to bear all other costs and expenses related thereto, including court costs and reasonable attorney fees . Lessee shall indemnify and save harmless City, its officers, employees and agents, against any and all claims, damages, actions or causes of action and expense to which it or they may be subjected by reason of Lessee's installation being located within and across the property of the City or by reason of any work done or omission made by Lessee, its agents or employees, in connection with the construction, operation, modification, replacement, maintenance, repair or removal of Lessee's installation. If the construction of all or any part of Lessee's installation is to be performed by an independent contractor under contract with Lessee, Lessee shall so notify City and shall incorporate the stipulations and conditions of this Lease into the contract specifications and cause the independent contractor, prior to commencement of the work, to be licensed and bonded in amounts and with companies satisfactory to City, which will protect City from any loss or damage resulting from the work performed by the contractor. 8. In the event of condemnation of either or both buildings by any governmental authority or agency requiring the use of or taking all of, or a major portion of either one or both of the buildings owned by Lessee which are connected by said structure, to the extent that either or both buildings would not require the continued use of the structure, this lease shall be terminated as of the time Lessee surrenders the use and occupancy of said structure and building or buildings and has said structure removed pursuant to the provisions of this lease . It is further understood that in the event of condemnation or acquisition by any governmental authority or agency of all or a part of either one or both of the buildings owned by Lessee, the value of said overhead structure or any leasehold interest created hereunder, shall not be an element of damages nor in any way be considered as a factor of valuation of the property acquired. 9·_ Lessee shall, upon demand by Lessor, pay such charges as may be incurred by Lessor for the removal of any facilities, utilities or structures between the street lines and underneath and above the proposed structure which are made necessary by reason of the construction of the structure. 10. 11 . Lessee shall not place any sign on the outside of the structure except for any official traffic sign required by Lessor. In the event of the destruction of said structure by an act of God, public enemies, or by reason of riot or insurrection, this lease shall terminate, and LeuM shall not be required to pay any further rent to Lessor. However, in the event Lessee shall reconstruct the structure, or any portion thereof demolished, commencinc ' "' - • . I • • 0 '32xl ,. _ • • , . • ---~--• within one year of the destruction, Lessee shall pay rental for any period during which the structure was destroyed and inoperative. 12 . Lessor, by its officers, agents or employees, may at all reasonable times enter upon said leased area to view the condition of the structure and require any and all necessary repairs and alterations thereto for the public safety and well- being. 13. In the event default shall be made at any time by Lessee in payment of rent and such default shall continue for a period of thirty (30) days after written notice thereof by registered or certified mail to Lessee by Lessor, or if default shall be made in any of the other terms and conditions to be kept, observed and performed by Lessee, and such default shall continue for thirty (30) days after written notice thereof by registered or certified mail to Lessee from Lessor, then Lessor may at any time thereafter, prior to the curing of such default within reasonable time, declare the term of said lease ended and terminated by giving Lessee written notice of such intention . And, if possession of the demised area is not immediately surrendered, Lessor may re-enter thereon for possession itself thereof and declare said lease to be terminated. In such event, Lessor may require that Lessee remove and demolish said structure at its own expense or Lessor may remove or demolish said structure and require the payment of the expense thereof from Lessee to Lessor within thirty (30) days thereafter. 14. Upon termination of lease, Lessee and Lessor further covenant and agree that Lessee shall yield up the area without further notice, but before the surrender of said area, Lessee shall cause the structure to be demolished and removed and the area returned to the same condition as it was in when first acquired by Lessee. In the event of the failure of Lessee to so remove said structure six (6) months after termination of lease, they shall pay liquidated damages to Leuor in the sum of One Hundred Dollars (SlOO) for each and every day they remain in possession of said area after the expiration of six (6 ) months from the termination of said lease. 15. The term '"parties to said lease'" shall include the successors and assigns of Lessor and Lessee, respectively . IN WITSESS THEREOF, the parties hereto have signed this lease the day and year first above written . LESSOR: LESSEE : THE CITY OF ENGLEWOOD , COLORADO CRAIG HOSPITAL By :.~~~~~~~~~~~~~ By : Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk ' ' • . .. I • • 0 , • 0 t• • ' - EXHIBIT CRAIG HOSPITAL CLARKSON STREE:T PEDl<~STRIAN I I I I E-t ~ ' """ ~ I If h ~ E-t U) 86"59'57" L ,. ~ OVERPASS * ~ SCALE: 1• • 20' NOii: -~f DOCS NOY IIO'lllSENfA-fll> -l-SUIN(Y. IT IS .. ltllll(O -. Y fO lltPICT 'IHE A TIAQ4[1) LlCAI. lllSOIP-- ' l • ... I. • 0 ] ~I 1 32xl • • ,. • I• • (. WHEREAS, Enclewood developed, with Cyprus' auiltaMe, a collection 1JSM1D c·Cabin-Meadow Creek Sy1tem•) to divert and carry wat.er diverted under the Cabin· Meadow Creek Water ftilhtl; and WHEREAS, diapute1 have arisen amonc the putia over various pnmliana of theae qreementl and Denver'• operation of the Cabin-lludow Creek S)'lt,em wbic:h were filed in the ca1e1 conaolidated under Cue NO. 93 CV U8l5 and (93 IIDLOlO), ill Denver District Court; and WHEREAS, the partia Nek to rnolve all dilputn and illllft raiNd ar wbic:h could have been railed in Cue No. 93 CV 5585, or arilins from Dem,er'1 operaCian of the Cabin-Meadow Creek Sya&em; and WHEREAS, thi1 new A,reement aupenecin the 1964 Wat.er Eachaap ~ the 1969 Modification, the Sepgmber 25, 1169 ~ md die Sips .._ •. 111t Amendment in their entirety, and reaolvft all dilput.1 and~ niNd or wbic:h could have been railed in Cue No . 93 CV 5585, or ariliq from Denver', operation of the Cabin-Meadow Creek System; and WHEREAS, the operational requirement.I under the 1969 Modification have become onerou1 and bunlenaome and Denver MUI to operate the Cabin-Meadow Creek Syatem and intecrate the Cabin-Meadow Creek Water Ricbtt into Denver', water sy1tem under Denver's aole discretion without any conatnintl or objection• from Enclewood or Cyprus ID lone a, Denver fulftl11 it.I obliption1 under the new A,Teement; and WHEREAS, after revi-by the £nclewood Wat.er and Sewer Boanl at their Aapat 8, 1995 meetin&, the Enelewood Water and Sewer Board recommendt approval; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Scstieo 1. The • Settleaent Acree-nt" betWMn die City f/1 Enpwood. the City wl County of Denver, and Cypn11 Climax Metals Company ii hereby aeeepted and approved by the Enclewood City Council. n.e Mayor ii authGriud t.o ..--and die City Clerk to attest and 1UI the Acreement for and• behalf' of the City fJI Enpwood, Colorado. Scctieo 2 The "Settlement A,reement• i1 attached u •£ahibit A·. Introduced, read in full, and paaaed on ftnt radinc on the 21.lt day f/1 Autult, 1911 . Published a, a Bill for an Onlinance on the 24th clay f/1 Auplt. 1995. ATTEST : Louc:ri1hi1 A. Elli1, City Clerk -2- •. .. I . • 0 ' xi • . ' • • - I, Loueriahia A. Elli1, City Clerk af'the ~ If-.« .... Cll1 -. ._., __.,. that the above and foJ"IIOinc ii • au CIIPJ ., • -... -o, .. , . ... • ••. rad in full, and puHd on fint raadinc • tM 111&-, If ...... 1111. LMcvi bia A. SIiis .. ., I . . 0 .3. • • 0 - • EXHIBIT A SETTLEMENT AGREEMENT This Agreement made and entered into this day of 1995, by and between the CITY AND COUNTY OF DENVER,-acting by and through its BOARD OF WATER COMMISSIONERS t•Denver•l, THE CITY OF ENGLEWOOD("Englewood"l, and CYPRUS CLIMAX METALS CCMPANY, t•cyprus"l (collectively, the •parties•), WITNESSETH: WHEREAS, the City of Englewood owns water rights decreed in C.A. 657 and Case No. W-750-78 {"Cabin-Meadow Creek Nater Rights") which divert from tributaries of the Fraser River in Water Division Number 5 for municipal use; and WHEREAS, Denver owns and operates a water collection system which diverts water under its water rights from the Fraser and Williams Fork River basins for municipal use; and WHEREAS, Cyprus, through its wholly-owned subsidiary, Climax Molybdenum Company, owns and operates the Henderson ore Reduction Plant ("Henderson Mill") located in the Williams Fork valley, which processes ore from the Henderson Mine. Cyprus needs a firm water supply to insure its ability to process ore at maximua production capacity during periods of drought; and WHEREAS, Denver and Englewood entered into a Nater Exchange Agreement dated March 17, 1964 ("1964 Nater Exchange Agreement•), and Denver, Englewood and Cyprus entered into a Modification of the Water Exchange Agreement dated September 2, 1969 <·1969 Modification"), under which Denver carries Cabin-Meadow Creek System water through its water system and delivers, by trade or exchange, water to Englewood on the South Platte River for municipal use within the Englewood Service Area, and also operates its Williams Fork System to provide water to Cyprus on the Williams Fork River for use in the Henderson Mill. Englewood, Cyprus and Denver agreed to share the yield of water produced by the Cabin-Meadow Creek Nater Rights; and WHEREAS, Englewood and Cyprus entered into an agreement dated September 25, 1969, as amended on September 26, 1969, whereby Englewood and Cyprus agreed to jointly develop the Cabin Meadow Creek Water Rights and to share all costs connected with the development, operation and maintenance of the Cabin Meadow Creek System: and WHEREAS, Englewood developed with Cyprus' assistance a collection system ("Cabin-Meadow Creek System•) by which to divert and carry water diverted under the Cabin-Meadow Creek Water Rights; and I . • 0 • • 0 • WHEP.EAS, disputes have arisen among the parties over various provisions of these agreements and Denver's operation of the Cabin-Meadow Creek System. These disputes are described in the pleadings filed in the cases consolidated under Case No. 93CV5585 (93MDL010), Denver District Court; and WHEREAS, the parties seek to resolve _all disputes and issues raised or which could have been raised in Case No. 93CV5585, or arising from Denver's operation of the Cabin-Meadow Creek System; and WHEREAS, this Agreement supersedes the 1964 Nater Exchange Agreement, the 1969 Modification, the September 25, 1969 agreement and the September 26, 1969 amendment in their entirety, and resolves all disputes and issues raised or which could have been raised in Case No. 93CV5585, or arising from Denver's operation of the CMC System; and WHEREAS, the operational requirements under the 1969 Modification have become onerous and burdensome and Denver seeks to operate the Cabin-Meadow Creek System and integrate the Cabin- Meadow Creek Water Rights into Denver's water system under Denver's sole discretion without any constraints or objections from Englewood or Cyprus so long as Denver fulfills its obligations under this agreement. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: Article I Def1n1t1ons 1.1 •Adjusted for Inflation• means the amount in the text of this Agreement, adjusted by the percentage change in the consumer price index. The adjustment will utilize the U.S. Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers (CPI-U) for Denver-Boulder, CO, All Items. The adjustment will be made based on the moat recent seaiannual index published at the time of the adjustment as compared to the lat half year index for 1995. If this Index is no longer published then the most comparable published index shall be utilized. 1.2 •April Meeting• means the meeting described in subparagraph 6.2.4.1. 1.3 •aasic Deliveries• means deliveries made by Denver to Englewood pursuant to Section 3.2 or as adjusted under Article VI. 1.4 •caJ:>in-Meadow Creek System• or •occ System• means all real property, appurtenances and structures associated with Englewood's right-of-way for the Cabin-Meadow Tranamountain . - 2 • I . • 0 • • ,,,_ • (. Diversion, which was granted by the United States Department of the Interior under Colorado Serial number 011415, as amended, and acquired from private property owners as depicted by Sheets l through 11 of the Bell Survey dated March 5, 1984 attached to Exhibit G. 1. 5 "O(C Exchanges" means the _ttxchanges described in paragraph 3.3.5. 1.6 "Cabin-Meadow Creek Water Rights" or •arc Water Rights• means those water rights conditionally decreed in C.A. 657, District Court, Grand County and decreed absolute in Case No. w- 750-78, District Court, Water Division No. 5. 1.7 "Contract Users of Paid Deliveries" is a term defined in paragraph 3. 3. 5. 1. 8 "Cyprus" means Cyprus Climax Metals Coapany or 1 ts affiliate Climax Molybdenum Company, or the successors or assigns of either of those entities, which operate the Henderson Kine and Kill. 1.9 "Cyprus Credit" means the amount of water provided to the Henderson Mill by Denver, as described in Section 4.2. 1.10 "Delivery Failure" is a term defined in Section 6.1. 1.11 "Denver• means the City and County of Denver acting by and through its Board of Water Commissioners, a boae-rule mmicipal corporation existing under the laws of the State of Colorado. 1.12 "Englewood" means the City of En9lewood, a heme-rule municipal corporation existing under the laws of the State of Colorado. 1.13 "Englewood Service Area" means the area within the present and future boundaries of the City of Englewood and the areas within the Denver metropolitan area that Englewood serves water under contract or lease. 1.14 "Exchange Decrees" is a term defined in para9raph 3.3.5. 1.15 "Incidental Water Rights" means those water ri9ht1 changed and decreed for use at the Henderson Kill in Case No. w- 528-76, District Court, Water Division No. 5. 1.16 "Lawfully Divertible Amount" is a term defined in paragraph 6. 2 . 1. 1.17 "Major Repair" means repairs made to the ace System, as defined in paragraph 5.2.2. 3 •• • . \, I· • 0 • • • • 0 I• • 1.18 "Mineable Ore Reserves" means the proven and probable ore reserves attributed to the Henderson Mine in the Annual Report on Form 10-K of Cyprus AMAX Minerals Company, or its successors or assigns, filed with the United States Securities and Exchange Commission. For purposes of this Agreement the Kineable Ore Reserves for the Henderson Mine shall be deemed exhausted and the Henderson Mine no longer in operation '!'hen the Kineable Ore Reserves attributed to the Henderson Mine are reported in an Annual Report on Form 10-K as zero. (If a Form 10-K is no longer required to be filed, then a comparable form or filing shall be substituted. l 1.19 "On Demand" means deliveries of raw water by Denver to Englewood according to Exhibit A. 1.20 "Paid Deliveries" means deliveries made by Denver pursuant to Section 3.3 or as adjusted under Article VI. 1.21 "Regulatory Action" means any action resulting in a loss of yield to the CMC System or the CMC Water Rights by any legislature, court, administrative agency, regulatory body or other governmental agency or entity which is final or implemented and ready to be contested and which is not premised on a physical failure or inadequacy of the CMC System that can practically be repaired or restored. For example, an order of a court reducing diversions from the CMC System in order to enhance the environment would be a Regulatory Action. By contrast, an order of the Colorado State Engineer reducing the amount of water which could be stored in Meadow Creek Reservoir, because of flaws in the dam, effective until repairs were made to the dam, would not be a Regulatory Action (unless the parties unanimously determined that repair was impractical and would not be done). The reduction in yield attributable to the problem with the dam would be a ·Delivery Failure", subject to Section 6.1 (unless the parties unanimously determined that repair was impractical and would not be done). 1.22 "Reusable Sources" means those sources of water owned or controlled by Denver as depicted on Exhibit B which may be lawfully used and reused to extinction, whether by reuse, successive use or by disposition. Denver may add reusable sources to Exhibit B from time to time. 1.23 "Section" means all provisions under a two digit number including paragraphs and subparagraphs, i.e. Section 6.2. A paragraph means all provisions under a three digit number including subparagraphs, i.e. paragraph 6.2.4. A subparagraph means all provisions under a four digit number or more, i.e. subparagraph 6.2.4.3 . 1.24 "Skylark Water Rights" means those water rights described in Exhibit F. 4 ...... I . • 0 • • 0 I• - 1.25 "Ute Park Storage Right" means the water riqht decreed for use at the Henderson Mill in Case No. W-528, District Court, Water Division No. 5. 1.26 "Water Year" means the annual period from April 1 to March 31. 1.27 "Williams Fork Diversion Project" means all existing and future water collection, transmission and storage facilities owned by Denver located in the Williams Fork River watershed al:love the Leal gage. 1.28 "WFR Replacement Account" means the Williams Fork Reservoir Replacement Account defined in paragraph 4.3.2. 1.29 "Williams Fork System" means all existing and future water collection, transmission and storage facilities owned by Denver in the Williams Fork River watershed which divert and store under the decrees entered in C.A. 657 and C.A. 1430 including the Williams Fork Diversion Project, Darling Creek extension, Williams Fork Reservoir, and any extensions or reconfiguration thereto. All Denver water rights other than those decreed in C.A. 657 and C.A. 1430 are excluded from this definition. Article II Operation of the Renaerson Mine 2.1 Henderson Mine Operations. The parties agree that for the purposes of this Agreement the Henderson Mine will be deemed to be in operation as long as Minable Ore Reserves are attributed to the Henderson Mine in the Annual Report on Form 10-K filed with the United States Securities and Exchange COIDission by Cyprus AMAX Minerals Company or its successors or assigns. So long as Kineable Ore Reserves are reported for the Henderson Mine, interruption or curtailment of Henderson Mine ore production or Henderson Mill ore refinement shall not constitute cessation of operation of the Henderson Mine under this Agreement, regardless of the length of the interruption or curtailment. Copies of the Annual Reports on Form 10-K filed will be provided by Cyprus to Denver and Englewood upon request. Cyprus shall notify Englewood and Denver when no Mineable Ore Reserves are attributed to the Henderson Mine in an Annual Report on Form 10-K. (If a Form 10-K is no longer required to be filed, then a comparable form or filing shall be substituted. l 2. 2 Election. Notwithstanding Section 2 .1, at any time while the Henderson Mine is in operation, and at Cyprus' sole discretion, Cyprus may elect in writing to permanently waive its right to receive water as provided under this Agreement, and thereby terminate its rights and obligations under this Agreement. Cyprus may also in its sole discretion elect to terminate its rights and obligations under this Agreement pursuant to Section 5.5. Upon any .. - 5 • ,,, - I· • 0 • • 0 • tenr.ination of its rights and obligations hereunder, Cyprus will receive payment from Denver as provided for in Section 5. 8. Cyprus shal l provide prompt written notification of any such election to Englewood and Denver. Article III Denver-Enq~ewooa Provisions 3.1 Cabin-Meadow Creek Water. Denver shall have the right to use, reuse, successively use and dispose of all waters produced by t~e CMC Water Rights and CMC System for any municipal use by Denver's customers in the Denver metropolitan area consistent with the Decree entered in Case No. w-750-78. 3.2 Basic Deliveries to Enqlewood. (This Section replaces the ":lenver Exchange" deliveries to Englewood under the 1964 Water Exchange Agreement and the 1969 Modification.) 3. 2 .1 While the Henderson Mine is Whi l e the Henderson ine is in operation, enver s a , y April 20 of each year, designate for delivery to Englewood an amount of water not exceeding 2,700 acre feet; provided that the amount of water designated by April 20 of the current Water Year: (a) when added to the amount designated during the preceding nine Water Years, shall not be leas than 23,200 acre feet; and (bl when added to the amount deaiqnated during the preceding Water Year, shall not be leas than 2,600 acre feet. It shall be assumed that Denver deaiqnated 2, SOO acre feet during each of the nine Water Years preceding the Water Year in which Denver first designates water under this Agreement. Examples are depicted in Exhibit c. 3. 2. 2 After the Henderson Mine Ceases After the Henderson 1ne ceases operat on, nver s , y April 20 of each year, designate for delivery to Englewood an amount of water between 1,500 acre-feet and 3,200 acre feet inclusive; provided that the amount of water designated by April 20 of the current Water Year: (al when added to the amount designated during the preceding nine Water Years, shall not be less than 26,600 acre feet; and (bl when added to the amount designated during the preceding Water Year, shall not be less than 4,100 acre feet. It shall be assumed that Denver designated 2,930 acre feet during each of the nine Water Years preceding the Water Year in which Denver first designates water after Henderson ceases operations. Examples are depicted in Exhibit C. · 3.2.3 Rights of Reuse. Denver retains all rights to reuse, successive use ana disposition of the return flows from any water delivered to Englewood and its lessees or users under Section 3 .2. Englewood shall cooperate by giving notice and accounting information necessary to allow Denver's 6 .. I· • 0 • • 0 I • • identification and quantification of these return flows. Except as provided herein, Englewood shall not oppose in any judicial or administrative tribunals Denver's efforts to identify and quantify these return flows under Section 37-82- 106, 15 C.R.S.; provided that the quantification of reusable return flows from the Englewood Service Area sball be consistent with similar provisions in the decree in Case Nos. 92CW030 (paragraph 15) and any similar provisions of any lessee's or user's decrees. Denver shall not seek to modify any provisions of existing decrees for purposes of obtaining credit for return flows from the Englewood Service Area. For the purpose of preventing injury to its water rights, Englewood may participate in any judicial or administrative proceeding in which Denver seeks to quantify or establish the right to reuse or redivert such return flows; provided, however, that Englewood shall not restrict or impede Denver's quantification of the reusaole return flows in the manner set forth in this paragraph. 3. 2. 4 No Carrv-over. Englewood shall forfeit any Basic Deliveries designated and made available by Denver if Englewood does not take delivery of the water by the April 30 following the Water Year for which the water was designated. Arly forfeited water shall be retained by Denver for its sole and exclusive use. For example, if Denver designates water on April 20, 1996 for scheduled deliveries during the 1996 Nater Year, then any water not taken by Englewood on or before April 30, 1997 is forfeited. 3. 3 Paid Deliveries. (This Section replaces the Williuas Fork and South Platte Exchange deliveries to Englewood under the 1964 Water Exchange Agreement and the 1969 Modification.) 3.3.1 Amount. In addition to the deliveries described in Section 3.2, Denver shall between April 1 and April 20 of each year designate an amount of water not exceeding 700 acre feet ("Paid Deliveries"); provided that the amount of Paid Deliveries designated, when added to the amount designated in the previous nine Water Years, shall not be less than 3,200 acre feet. The Paid Deliveries shall be made available for delivery to Englewood between the May 1 and June 30 following designation. 3. 3. 2 Payment. For each acre foot of water delivered under this Section 3. 3, Englewood shall pay Denver $64. 26 which shall be Adjusted for Inflation on January 1, 2000 and every fifth anniversary thereafter. 3.3 .3 Ri~hts of Reuse. To the extent that Denver delivers water un er this section 3.3 from Reusable Sources to Englewood, Englewood retains the right of reuse, successive use and disposition of the return flows consistent with .. .... 7 • ..... I . • 0 • "' -• 0 • Denve=' s decrees. When water from Reusable Sources is phys:.cally available at the time of delivery, Denver shall del.:. ·1e= such water. If these Reus'at>le Sources are not available, Denver shall deliver from storage other municipally decreed sources availal:>le to Denver. The determination of whic:: storage sources are availat>le i .s within the sole discretion of Denver. Nothing in this Agreement 1hall be constr~ed as creating any obligation on Denver to have Reusable Sources in its system or requiring Denver to operate the Roberts Tunnel in any manner. · . · 3. 3. 4 No carrv-over. Englewood llll19t take Paid Deliveries before July l of the year of de•i;nation. Englewood shall forfeit any Paid Deliveries designated and made available by Denver but not delivered before July l. Any forfeited Paid Deliveries shall be retained by Denver for its sole and exclusive use. Englewood is not required to pay for undeE·,ered Paid Deliveries: however, all Paid Deliveries desig~ated by Denver count ag&inst the amounts set forth in 3.3. l. 3. 3. S Denver ODeration of CMC Exchanges. Denver may opera:e in-priority exchanges under the decrees in C.A. 3635, Case No. W-8783-77 or Case No. w-8456-76 <·Exchange Decrees•> using water introduced into the South Platte River Basin from Englewood's CMC Water Rights or Denver'• water rights decreed from the same sources to the Moffat Tunnel Collection System in C.A. 1430 <·CMc Exchanges•). OIC Exchanges may be perfcrmed by Denver only between May 1 and AuCJU9t 31, and uy be performed only when calls are being administered for senior water rights of others on the South Platte River below the point(sl at which CMC Exchange water is delivered into the South Platte River mainstem to satisfy the calling water right or to otherwise satisfy senior downstream water rights. Denver's diversions and storage from the South Platte River under CMC Exchanges shall be limited to the leaser of (a) 95 cfs or (bl the amount of water called for by downstream senior rights on the South Platte mainstem during operation of the CMC Exchanges. Under the Exchanc;e Decrees, any CMC Exchanc;ea to Chatfield Reservoir shall be operated under an administrative date of 1976 or 1977 and to Strontia Springs Reservoir under a priority of 1962. Englewood, and any entity who is entitled to receive the Paid Deliveries pursuant to a written contract with Englewood speci!ically for use of the Paid Deliveries ,•contract U1ers of Paid Deliveries"), shall not object in any forum or manner to operation of CMC Exchanc;es by Denver in accordance with this Ac;reement. For purposes of this paragraph 3.3.5, Centennial Water and Sanitation District 1•centennia1•, under the 1977 Lease Agreement or 1980 Water Supplr Agreeaent, 1hall not be considered a Contract User of Paid De iveriea unleH it 8 •. .. I· • 0 • • • 0 I • • is entitled under an amendment or new agreement to receive all Paid Deliveries. Before any entity including Centennial is made a Contract User of Paid Deliveries that entity must agree to abide by this paragraph 3.3.s.· 3. 4 Schedule of deliveries. Denver shall make Basic and Paid Deliveries under the procedures set forth in Exhibit A. Denver shall only make available Paid Deliveries· during tpe period Kay l through June 30 under the procedures set forth in Exhil>it A. Englewood is solely responsible for coordinating any Basic and Paid Deliveries to its lessees or users. Englewood shall not request Basic or Paid Deliveries if the water is not needed for municipal purposes by it or its lessees or users. 3. 5 Point of Deli very. Water designated by Denver under this Article III snail be measured and delivered into the South Platte River into or below either Strontia Springs Reservoir or Chatfield Reservoir, at Englewood's request. Stream or ditch carriage losses, if any, between the point of delivery and any other downstream poir.ts of diversion are to be absorbed by Englewood. 3.6 Tree of Water. Water delivered to Englewood under this Article II shaII be decreed for municipal use and shall be lawfully available for storage. Denver may deliver to Englewood water decreed either for direct flow or for use by exchange only with Englewood's consent. Except as described in this Section 3. 6, however, Englewood takes the type of water •as is• with respect to Denver's decrees. Nothing in this Agreement shall be construed to require Denver to change its decrees. 3. 7 Use of Delivered Water. Water delivered to En;lewood shall be used only for mun1c1pal purposes within the Denver metropolitan area and shall be used consistently with Denver's decrees. Article IV Cvprus-Denver Provisions 4. l Cabin-Meadow Creek water. Denver shall have the ri;ht to use, reuse, successively use and dispose of all waters produced by the CMC Water Rights and otC System for any municipal use by Denver's customers in the Denver metropolitan area consistent with the Decree entered in Case No. W-750-78. 4.2 Amount of Water Provided to the Henderson Mill. While the Henderson Mine is 1n operation, Denver's WI!!Iama Fork System shall be exercised so as to provide up to 3,000 acre feet of water from the Williams Fork River and its tributaries for diversion and use at the Henderson Mill (the •cyprus Credit•); provided that no more frequently than once during any ten consecutive Water Years, Denver may, by April 20 of the Water Year, notify Cyprus that only 9 • •. .. I . • 0 '32xl • • • ,-• 0 I • • 2,650 acre feet of water will be provided for diversion and use at the Henderson Mill and that such a.mount will constitute the Cyprus Cre:iit for that Water Year. Denver . shall, in addition, make available to Cyprus up to 2,200 acre feet of water each Water Year from the WFR Replacement Account for the Henderson Mill, which acccunt shall serve as a source of replacement water for calls against the Henderson Mill by senior downstream Colorado River water rights: provided, however, that the total .combined amount provided by Denver under the Cyprus Credit and the NFR Replacement Acccunt shall not exceed 3,000 acre feet per year, or 2,650 acre feet during those one-in-ten years designated by Denver as described above. All water provided to Cyprus under this Section 4.2 shall be used only at the Henderson Mill for the beneficial uses described in the Ute Park Storage Right decree. The amount of water actually provided by Denver in any given year under the Cyprus Credit and the WFR Replacement Account shall be calculated as ciescribed in Section 4. 3 below. Notwithstanding anything herein to the contrary, the parties agree that Cyprus shall not be required to estimate or designate in advance the amount of water that Denver will actually be required to provide during the upcoming Water Year for diversion and use at the Henderson Mill. 4.3 Means of Providing Water to the Henderson Mill. Denver shall provide water to the Henderson Hill by the following means: 4. 3. 1 Natural Flow. Pursuant to the Ute Park Storage Right, Cyprus may divert the natural flow of the Williams Fork River or its tributaries. out-of-priority diversions of natural flow by Cyprus under the Ute Park Storage Right against Denver's unsatisfied Williams Fork Reservoir water rights (as determined in paragraph 4.3.4) shall be debited against the Cyprus Credit, but not against the NFR Replacement Account. 4.3.2 Williams Fork Reservoir Replacement Account. Denver shall maintain tor Cyprus 2,200 acre feet per Water Year in Williams Fork Reservoir for replacement of out-of- priority diversions by Cyprus at the Henderson Mill against senior Colorado River water rights downstream of the Williama Fork Reservoir t•the WFR Replacement Account•). Any release of water from the WFR Replacement Account shall be debited against both the WFR Replacement Account and the Cyprus Credit. 4.3.3 Williams Fork Diversion Project Bypasses. Denver shall physically bypass water from its Williams Fork Diversion Project only as necessary to enable the diversion and use of water by Cyprus at the Henderson Mill. Denver's physical bypasses shall be required only to the extent that: ta) Cyprus actually needs water for beneficial uses at the Henderson Mill described in the Ute Park Storage Right decree; and (bl Cyprus' need for water cannot be physically or 10 •. I . • 0 • • ,-• • legally satisfied by the natural flow of the Williams Fork River at Cyprus' point of diversion. Any such physical bypasses made by Denver shall be .accounted for as follows: (al to the extent physical bypasses are required to enable Cyprus to divert out-of-priority under the Ute Park Storage Right against Denver's Williams Fork Reservoir water rights, bypasses shall be debited only against the Cyprus Credit; (bl to the extent physical bypasses are required in order to make deliveries to the Henderson Mill from the WFR Replacement Account, bypasses shall be debited against both the WFR Replacement Account and the Cyprus Credit. Nothing herein shall be interpreted as allowing the use by either Denver or Cyprus of bypass flows to maintain any instreaa ~lows. Any physical bypasses required by Cyprus shall be aeasured by the Jones Pass flume, or by any future measuring device installed to measure bypasses at Denver's Williams Fork Diversion Project. 4.3.4 Definition of Williams Fork Reservoir Fill. For purposes of determining wnen AiIIIams Fork Reservoir is unsatisfied under this Agreement, Williams Fork Reservoir shall be deemed to be unsatisfied during any Water Year until the sum of the following is equal to or greater than the physical capacity of Williaas Fork Reservoir: (i) the total storage contents in Williams Fork Reservoir on April 1 of the Water Year, plus (iil the volume of natural inflow thereafter through March 31 of the s-Water Year into Williams Fork Reservoir when it ia in-priority a9ainat anr aainstem senior call, minus ( iii l the aaount of natural inf ow into Williams Fork Reservoir bypasaed to satisfy senior rights on the Williams Fork River below •1111 ... Fort Reservoir, and minus (iv) the amount of natural inflow into Williaaa Fork Reservoir bypassed to satisfy inatreu flow requirements below Williams Fork Reservoir. Nothing herein shall be construed to subordinate Cyprus' Ute Park Storage Right against Denver's Williams Fork Reservoir 1956 .:riority. Once Williams Fork Reservoir is satisfied, then t!'le accounting of any previous out-of-priority diversions by Cyprus on its Ute Park Storage Right during that Water Year which were credited to deliveries under Section 4.2 shall be changed to show such diversions as having been made under the Ute Park Storage Right. 4. 3. S Accounting. Denver and Cyprus shall develop annual accounting and procedures to implement Section 4.3. 4.4 Legal or Shysical impossibility. If the means of providing water to t e Henderson MIII described in Section 4. 3 becomes legally or physically invalid, impossible, or unenforceable, Denver and Cyprus shall promptly develop as similar as possible a revised method of credit and provision. This 11 • . I· • 0 I ! l~1 - • • • • 0 • Section, however, shall not be construed as precluding or impairing in any way Cyprus' right to specific performance of Denver's water deli very, replacement, and bypass obliga_tions under Section 4. 3. 4.5 No carry-over. Any portion of the Cyprus Credit or the WFR Replacement Account not used by Cyprus during the Water Year shall be forfeited. The forfeited water. shall be retained by Denver for its sole and exclusive use. Nothing herein shall affect Cyprus' right to store water and reuse water after the milling process. If, however, Cyprus stored water provided by Denver under any of the means described in Section 4.3 it shall be debited as described in Section 4.3. Article v Operations, Costs and Payments 5. l Operation of the CMC System. Denver will operate, maintain, ana repair the CMC System in the manner hereinafter provided. If scheduled maintenance of the CMC System is necessary, such maintenance will be performed at a time which will minimize the occurrence of a "Delivery Failure" under Section 6.1. 5.2 Englewood's and Cvprus' Financial Obligations. 5.2.l Operation and Maintenance Coats. In addition to the payments required under Section 3.3, Englewood shall reimburse Denver for the operation, maintenance, and minor repair and replacement coats incurred by Denver in operating the CMC System. Costs shall include direct labor, overhead (including administration, benefits, leaves and tools), materials, equipment and vehicles for all activities required to operate the CMC System. Minor repair and replacement coats means costs which are not Major Repairs described in paragraph 5.2.2. After the Henderson Mine ceases operation, the costs descr~bed in this paragraph 5.2.1. shall be shared equally by Englewood and Denver. 5.2.2 Major Repairs. •Major Repair,• for purposes of this Article V, shall mean any major repair, maintenance or replacement work on the CMC System likely to involve an expenditure of more than $20,000.00, which amount shall be Adjusted for Inflation on January 1, 2,000 and every fifth year thereafter. If, in the reasonable determination of Denver's operating personnel, a Major Repair is necessary, Englewood shall be responsible for the costs of the Major Repair in the manner described in this paragraph. In making its determination, Denver shall apply, insofar as practical, the same standards it uses in making decisions on major repairs to its Fraser River Diversion Project. If in Denver's judgment an emergency exists, Denver may proceed with the Major Repair immediately, and Englewood shall reimburse Denver 12 • I . • 0 • • 0 • for the costs as described in paragraph 5. 2 .1. If an emergency does not exist, Denver will consult with Englewood and Cyprus prior to making its determination on the need for a Major Repair and provide to th~ Denver's estimate of the cost of the Major Repair. Denver's determination of the need for a Major Repair shall be made or confirmed by Denver's Superintendent of Source of Supply (or the person who supervises the operation of the CKC System). Englewood shall notify Denver in writing within 30 days of Denver's notice of determination whether Englewood elects to arrange to have the work performed by a third party or requests Denver to perform the work. If Denver performs the Major Repair, Englewood shall reimburse Denver for associated costs. Costs shall include direct labor, overhead (including administration, benefits, leaves and tools), materials, equipment and vehicles for all activities required to perform the Major Repair. If a third party performs the Major Repair, the design and performance of the work shall be approved by Denver. After the Henderson Mine ceases operation the costs of any Major Repair shall be shared equally by Denver and Englewood. 5.3 Pa~ents bffi Englewood to Denver. Englewood shall pay to Denver any o the c arges or reimbursable costs required by this Agreement within 45 days after Denver submits a monthly statement to Englewood. Englewood and Cyprus may inspect Denver's financial accounts containing the data on which any statement for such charges or reimbursable costs is based at any time during normal business hours. 5.4 Payments by Cyprus to Englewood. Nhile the Henderson Hine is in operation, Cyprus aha!! reimburse Englewood 551 of the costs paid by Englewood to Denver under Section 5.3; however, Cyprus shall not be required to reimburse Englewood for its payments to Denver under Section 3.3. Cyprus shall pay Englewood within 45 days after Englewood submits a monthly statement. 5.5 Termination and Reduction of Cyprus Ex~ense Payments to Englewood. Cyprus• obligation to reimburse Eng ewood for 551 of the costs incurred by Denver in operating, maintaining, repairing, or replacing the CKC System shall terminate when the Henderson Hine ceases operation, or if Cyprus elects in writing to permanently waive its right to receive water under this Agreement. Nevertheless, with respect to any Major Repair, Cyprus may in its sole discretion elect to reimburse Englewood for only that portion of the benefit of the Major Repair that will accrue to Cyprus during the operation of the Henderson Mine. In order to make such an election, Cyprus shall inform Englewood and Denver in writing of the number of years that the benefit of the Major Repair will accrue to Cyprus, and shall designate a date at the end of which period the Henderson Hine's operations shall cease for purposes of this Agreement. Cyprus' reimbursements to Englewood shall then be determined by dividing the cost of the Major Repair by the number .. - 13 • • ... I . • 0 • • 0 I• • of years of the expected life of the Major Repair; multiplying the resulting quotient by the number of years remaining for the life of the Henderson Mine; and multiplying that product by 551. If Cyprus elects to make a reduced reimbursement to Englewood for a Major Repair as provided in this Section, then the Henderson Mine shall be deemed under this Agreement to cease its operations on the date designated by Cyprus in its written notice. Cyprus' rights and obligations under this Agreement shall terminate on the date designated by Cyprus, and Denver's payment obligation to Cyprus under Section 5.8 shall apply. 5.6 Payments by Cyprus to Denver. Cyprus shall reimburse Denver for any operation, maintenance, minor or major repair costs specially incurred by Denver in the operation of its Williams Fork System for the limited purpose of providing water to Cyprus under Article IV. Cyprus shall pay Denver within 45 days after Denver submits a statement. 5.7 Failure to Pav by Enalewood or Cyprus. Should Englewood fail to pay cnarges or reim.oursable costs to Denver when due, Denver shall cease deliveries to Englewood until such charges are paid in full. If Cyprus fails to pay Englewood under Section 5.4, then Englewood shall notify Denver and Denver shall not provide water under Section 4.2 to Cyprus until such charges are paid in full. 5.8 Denver's payments to Cyprus. After the Henderson Mine ceases operation, Denver shaII pay to Cyprus the sum of $367,500.00 in then current United States money in three equal installments, the first of which shall be due within 21 days of receipt of written notice from Cyprus that the Henderson Mine has ceased operation under Article II with the second and third installments to be paid on the first and second anniversary dates of the first payment. Article VI Delivery Reductions 6.0 Delivery reduction. Denver's obligation to designate and make deliveries to Englewood under Article III and provide water to Cyprus under Section 4. 2 may be reduced in a manner provided below. 6.1 DeliverE Failure. In the event delivery of water to Denver from the CM System is interrupted or reduced due to reasons other than the lack of physical supply, or Regulatory Actions under Section 6. 2, such as structural failure of the CMC system or shutdowns for maintenance (collectively "Delivery Failure"), Denver's obligation to deliver any amounts designated will not be modified if Denver's water requirements are satisfied. Denver's water requirements from the CMC System will be considered satisfied when (al water that is lawfully and physically available for 14 •• ...... - .. - •. .. D I . • 0 f • • 0 I • - or bypassed because of the lack of demand in Denver's service area; and (bl all water available for withdrawal from Meadow Creek Reservoir during the same year is either withdrawn or physically capable of being withdrawn by October 31st of that year. If Denver's water requirements are not satisfied, the parties will work towards a mutually satisfactory arrangement to address shortages to Denver resulting from the Delivery Failure. If such an arrangement cannot be reached, then ·Denver's obligation to deliver the amount of water designated the previous April 20 under Article III will be reduced pursuant to Exhibit D. 6.2 Regulatory Action. Denver's obligations to designate and deliver the amounts of water described in Article III and Section 4.2 are based on the fundamental premise that there will not be a Regulatory Action which materially reduces the amount of wate~ which is lawfully divertable by the CMC System. 6.2.1 Lawfully Divertible Amount Defined. The lawfully divertible amount means the amount which is capable of being diverted over a representative period if the CMC System were operated at maximum capacity during that period, subject, however, to the terms of those statutes, water court decrees and stipulations, right-of-way limitations and conditions, agreements, and administration which have been in effect through the date of this Agreement as reflected in Exhibit E • . 6.2.2 Procedure in the Event of a Requlatorn Action. If Denver believes, in its sole opinion, that a legu atory Action has occurred, Denver shall notify the other parties in writing, describing the Regulatory Action. (If the Henderson Mine is in operation, Denver, Cyprus and En9lewood shall be considered •parties•. If the Henderson Mine is not in operation, or if Cyprus has waived its ri9ht to receive water under this Agreement, only En9lewood and Denver shall be considered "parties•) For a period of ninety days after the delivery of such notice the parties shall mate a 900d faith attempt to agree upon the terms of any reduction of deliveries by Denver, recognizing that Cyprus is entitled to the first yield attributable to the CMC System under the Denver Exchange as referred to in Exhibit E, up to 3,000 acre feet each year, free and clear of any obligation to estimate and designate its annual requirements (subject, however, to Denver's •once-in- ten years" right to reduce the delivery to 2650 acre feet). If written agreement on Denver's reduction of deliveries has not been reached within 90 days, any party may demand that the amount of the deliveries be established by binding arbitration. Written notice of such demand shall be delivered to the other parties and shall nominate an independent and experienced water resources en9ineer to serve as an arbitrator. (An independent engineer is one who has not per!ormed services for the nominator, as an employee or 15 • ..... - ... I . • 0 , • • • • 0 I • • performed services for the nominator, as an employee or consultant, for at least five years.) Each recipient of the notice shall, within 30 days after receipt of the notice, nominate in a writing delivered to the other parties, an independent and experienced water resources engineer to serve as an arbitrator. The engineers so nominated shall, within 30 days of deli very of the last notice .of nomination, nominate one(if Cyprus is not a party) or two(if Cyprus is a party) additional independent and experienced water resources engineer(sl to serve as an arbitrator on a Board of either three or five members. A party who fails to nominate its arbitrator shall have waived its right to nominate the arbitrator. If the initially nominated arbitrators cannot unanimously agree among themselves as to the additional arbitrator(sl, then that arbitrator(sl shall be selected by arbitration pursuant to the rules and procedures of the Judicial Arbiter Group, Denver, Colorado, or a similar body, such as the American Arbitration Association, if the Judicial Arbiter Group is no longer in existence. The arbitrators shall reach their decision by majority vote. The decision of the arbitrators shall be final and binding upon the parties and shall not be subject to appeal. Each party shall bear its own costs for the arbitrator selected to represent that party. The parties further agree to share equally in the cost of the additional independent arbitrator(sl. An independent arbitrator shall chair the arbitration board and issue a report summarizing the findings and conclusions of the arbitrator board. 6.2.3 Determinations to be Made by the Arbitrators. The arbit::ators shall, within 90 days fo!Iowing the appointment of the last arbitrator, establish the reduction, if any, of the amount of water which is lawfully divertible by the CMC System due to the Regulatory Action, by utilizing, if practical and feasible, the assumptions and procedures set forth in Exhibit E. After determining the reduction, the arbitration board shall establish Denver's adjusted designation and delivery obligations, (if any adjustment is determined to be made) of Basic and Paid Deliveries, and water provided to Cyprus under Article IV. In establishing Denver's adjusted designation and delivery obligations, the arbitration board shall utilize, to the extent practical, the assumptions and procedures set forth in Exhibit E. The adjusted designation and delivery amounts established by the arbitration board shall never exceed the designation and delivery amounts already established by this Agreement. The arbitration board shall also recognize that Cyprus is entitled to the first yield attributable to the CMC System under the Denver Exchange referred to in Exhibit E, up to 3,000 acre feet each year, free and clear of any obligation to estimate and designate its annual requirements (subject, howeve::, to Denver's "once-in-ten years" right to reduce the 16 •. ... I· • 0 \ ! ' , '!'I • • "' -• 0 I• • delivery to 2650 acre feet.) The arbitration board shall make adjustments in Denver's designation and delivery obligations to compensate for any over deliveries during the pendency of the arbitration process. 6. 2. 4 Ad ustment Water While Henderson Kine is in ~eration. Shou. t e parties or e ar itration ar etermine to reduce Denver's deliveries to Englewood under Section 3.2 to an amount which is less than 21,000 acre feet during any ten year period, including the cumulative effects of all prior reductions for Regulatory Actions, then Denver shall make additional deliveries to Englewood (Adjustment Water), as provided below. 6.2.4.1 April Meeting. Between April 1 and April 20 of every year, the parties will meet to determine the amount of water diverted during the preceding twelve months by Cyprus at the Henderson Kill that is attributable to water provided by Denver under Section 4.2 ("the April Meeting"). Denver and Cyprus must keep accounting records sufficiently adequate to determine the amount of water provided by Denver and used by Cyprus under Section 4. 2. Englewood shall have reasonable access to such records. 6.2.4.2 Use of Cyprus Water Riqhts. For the lillited purposes of this paragraph 6.2.4, Cyprus may take water provided by Denver under Section 4.2 only after first diverting any available water under its Incidental Water Rights and its Ute Park Storage Right, if in priority, recognizing that Cyprus is nonetheless entitled to the first yield attri.butable to the CKC Syatem under the "Denver Exchange" as referred to in Exhibit E, up to 3,000 acre feet each year, free and clear of anr o.bligation to estimate and designate its annua requirements. Such water shall be provided under the means described in Section 4.3. 6.2.4.3 Adjustment Water. The difference .between 3,000 acre-feet and the amount of water diverted at the Henderson Mill pursuant to Denver's deliveries to Cyprus under Sect:.on 4. 2 during the preceding Nater Year will be determined at the April Meeting. If such a difference is 200 acre-feet or less, no further adjustments will be made. If such a difference is more than 200 acre-feet, Denver will designate an additional amount of water ("Adjustment Water") for delivery to Englewood as follows: A. The Adjustment Water will be one-half of the difference between 3,000 acre-feet and the amount diverted by Cyprus at the Henderson Nill under 17 ..... •. .. I . • 0 I I I;.; ' • • 0 l~ - Section 4.2. B. The Adjustment Water will be delivered over the next five Water Years in such annual amounts as Denver may designate. For purposes of delivery under this subparagraph a •year• means May 1 through April 30. The first •year• will be that period which commences on May 1 following the period of April 1 -March 31 for which the Mjustment Water was determined. Denver will designate by April 20 of each year the portion of the Adjustment Water to be delivered during the following year. Such amounts are in addition to Denver's reduced delivery obligations to Englewood pursuant to Section 3.2. c. The amount of Adjustment Water designated for each year will be delivered in accordance with the delivery procedures set out in Exhibit A. Denver's designation and delivery to Englewood of the Adjustment Water shall be limited to a aaxi.Jllum annual amount of 2,500 acre-feet, unless Englewood in its sole discretion, agrees to take delivery of an amount exceeding 2,500 acre-feet. Any amount of Adjustment Water which cannot be designated and delivered due to the annual lillit of 2,500 acre- feet shall be carried over to the following year or years. D. Any amount of Adjustment Water deaignated by Denver but for which delivery is not taken by April 30 of the following year is forfeited by Englewood. 6.2.5 Reversal of Requlatorv Action. In the event the Regulatory Action is reversea or set aside, or is mitigated by the abandonment by Public Service Co. of Colorado or its successor of the 1902 Shoshone call (unless purchased br Denver, in which case Section 7.4 applies), the parties shal be restored to their original positions relative to their obligations and benefits before the Regulatory Action took place. Article VII Nater Rights 7,1 Cabin-Meadow Creek Water Rights. Denver shall, under its sole ducreuon, operate the die System and derive all the yield from the CMC Water Rights, consistent with the provisions of this Agreement. 7. 2 Denver's Water Riqhts. Denver may divert under i ti Cabin Meadow Creek water rights decreed in C.A. 1430, (described in that 18 ,. - I'.-,! 'r I •. I· • 0 , • • ,. -• 0 • decree as the Moffat Tunnel Collection System) md divert by exchange, provided that Denver shall divert for beneficial use duri~g any ten consecutive years a minimum of 26,600 acre feet of water under the CHC Water Rights subject to legal, regulatory or physical availability. 7.3 Decree in Case W-750-78. Englewood, Cyprus, and Denver agree that the terms of this Agreement are consistent with the final decree entered by the Water Court for Water Division No. 5 in Case No. W-750-78. 7. 4 Enhanced Yield. If any increase in yield of the CMC System, attributable to water rights decreed in W-750-78 or C.A. 1430, is derived through the acquisition of senior conflicting rights on the tributaries intercepted by the CMC System, Englewood may participate, up to 251, in the cost of such acquisition and receive a proportionate share of the increased yield. Denver is entitled to all increased yield derived by the acquisition of senior conflicting water rights in which Englewood does not participate, and all increased yield derived by other means including: winterizing, exchange, replacement or diversions under Denver's water rights decreed in C.A. 1430. 7.5 Case No. W-8456-76. Notwithstanding paragraph 3.3.5, whenever Denver desires, but no less frequently than once every 10 years, Denver shall release CMC water from Gross or Ralston Reservoir for Englewood to exercise the exchange decreed in Case w- 8456-76, up to 95 cfs. To the extent Denver operates this exchange for Englewood the amount of Paid Deliveries desi911&ted by Denver shall be correspondingly reduced. For any OIC water released from Gross or Ralston Reservoir for operation of this exchange for Englewood, Englewood shall make payments pursuant to para;raph 3. 3. 2 . Any reduction of yield from W-8456-76 which may result from restrictions on operation of this exchange shall not constitute a Regulatory Action, and shall not be a basis for reduction of deliveries to Englewood, a breach of this Agreement by Denver or claim of injury by Englewood. Nothing in this Section shall override or alter the provisions of Section 3.4 or Exhibit A. 7.6 Cyprus water riqhts . 7.6.1. Incidental and Ute Park Storaqe Ri&hts. While the Henderson Mine 11 In operation, Cyprus s 11 use its Incidental Water Rights and the Ute Park Storage Right exclusively at the Henderson Mill. Any subsequent use, change of use, or transfer of the conditional portion of the Ute Park Storage Right (3,900 acre feet) for uses other than those associated with the Henderson Mill can only be made with Denver's permission, which may be granted in Denver's sole discret i on. This restriction shall expire when the Henderson Mine ceases operation. llhen the Henderson Nine ceases operation Cyprus shall have no interest in the water ric;hts 19 ,,.--.---------------........... -1111!.~.-' I· • 0 f 32 x l • • • • 0 I • • decreed in Case No. W-750-78. Moreover, regardless of whether or not the Henderson Mine has ceased operation, Cyprus shall not claim historic use credit for the Ute Park Storage Right that is attributable to water provided under Section 4.2 or the 1969 Modification. 7.6.2 Right of First Refusal. Cyprus grants to Denver a first right of refusal to purchas·e all or a portion of Cyprus' Incidental Water Rights and Skylark Water Rights under the same terms and conditions set forth in any bona fide offer made or received by Cyprus concerning sale of these water rights. After Cyprus notifies Denver in writing of a purchase offer or its intent to sell, Denver shall have sixty (60) calendar days in which to exercise its option to purchase these water rights. Upon expiration of the sixty (60) day calendar period, Cyprus may sell in accordance with the original bona fide offer that portion of its water rights which was not purchased by Denver, if any. Cyprus must complete the sale within one hundred twenty (120) days after the expiration of the 60 day first refusal period. If the sale is not completed within that period, Cyprus shall once again comply with the provisions of this paragraph before selling the Incidental Water Rights and/or Skylark Water Rights. 7.6.3 Conve?ance to Denver. After the Henderson Kine ceases operationsyprus shall convey to Denver by bargain and sale deed its title to all rights and interests, tangible and intangible, real and personal, possessory and usufructuary which Cyprus may have to the CKC System and the water produced therefrom. In exchange for this conveyance, Denver shall make the payments described in Section 5.8. 7.7 Participation in Water Rights Cases. 7.7.l Cyprus Water Rights Cases. Within 20 days of the dismissal of 93cVSS8S, Englewood shall file a motion to withdraw its statement of opposition to Cyprus' change of water rights applications in Case Nos. 92CW233 and 92CW336 (Water Division No. 5) • Englewood shall not file a statement of opposition to, nor move to intervene in, any future change of water right applications involving Cyprus' Skylark Ranch water rights, which are described in Exhibit F. Englewood shall not file a statement of opposition to, nor move to intervene in, any future application by Cyprus to make the Henderson Kill tailing pond and Horseshoe Reservoir additional places of storage for the Henderson Mine System Water Right decreed in Case No. w-528: provided, however, that i) the application and decree shall be consistent with paragraph 7.6.1; ii) Cyprus will timely provide Englewood with copies of all pleadings 20 .. .... ... I . • , I ~ ( .. 'f I - • • ,,, -• 0 • filed in this case and any proposed decrees; and iii) the application shall not seek to adjudicate exchanges up the Colorado River and its tributaries to the OIC System, or up the South Platte River from its confluence with Clear Creek to points above the confluence. Englewood may intervene in the case, and Cyprus will not oppose such intervention, if any party asserts that diversions of water pursuant to the w-528 decree constitute historic use under the W-750-78 decree or if the proposed decrees or applications are inconsistent with this paragraph. In the event that Englewood does intervene, Englewood's involvement in the case shall be liaited solely to the issue of whether diversions of water pursuant to the W-528 decree constitute historic use under the W-750-78 decree or to assure conformity with this paragraph. 7. 7. 2 Diligence AD'Plications. Englewood shall not oppose any diligence applications for Denver's existing conditional water rights. Denver shall not oppose any diligence applications for Englewood's existing conditional water rights. Nothing herein shall preclude either party from contesting a claim or application to make any portion absolute. Article VIII Miscellaneous Provisions 8.1 Previous Agreements. This Agreement supersedes the 1964 Water Exchange Agreement, the 1969 Modification, the September 25, 1969 Agreement and September 26, 1969 amendment between Englewood and Cyprus in their entirety. 8. 2 No 1roperty rights or servitude. Nothing in this Agreement sbai be construed as granting or creating any property right or servitude whatsoever on any of Denver's water rights or any of Denver's facilities, no matter where located in Denver's waterworks system, except for the encumbrances on the OIC System as established by deed. The foregoing sentence shall not impair the rights of any party to specific performance of this Agreement. 8. 3 No ooeratinq Obligation. Nothing in this Agreement shall be deemed or construed as creating any obligation on Denver to operate its raw or treated waterworks system in any particular manner so long as Denver complies with the terms of this Agreement. Denver retains sole and exclusive discretion concerning the operation of the OIC System and any other sources of water made available for delivery to Englewood under this Agreement. e. 4 Ownership of OIC System. Englewood shall convey to Cyprus and Denver by bargain and sale deeds undivided interests to the CMC System as described in form and substance in the attached Exhibit G. Cyprus or Denver shall not record the deeds or this Agreement unless there is a dispute which either Cyprus or Denver .. ... 21 • I· • 0 [ \ ! 'r I • • 0 • in good faith believes necessitates recording; however, delivery and acceptance of title are not conditioned on the recording of the deeds. Delivery or recording of the deeds shall not terminate, merge, curtail or in any way restrict the effect of or terms of this Agreement. Englewood is not obligated to have .or convey merchantable title to the property described in the deeds, and the property will be conveyed without warranty of title or physical condition or of merchantability or of fitness for any particular purpose. Denver and Cyprus will take the property "as is." However, to assist the parties in ascertaining the ownership of the land encompassed by and adjacent to the reservoir and traversed by and adjacent to the conduit and diversion structures, Englewood will obtain from a title insurance company either an owner's title insurance policy or commitment, or an ownership and encumbrance report, which ll gives the apparent ownership of such surrounding (and underlying) property, and 2) identifies any property in addition to, and contiguous to, that encompassed within the Bell Survey, which was acquired by any of the parties and remains owned of record by any of the parties ("Additional Property" l . If Additional Property is discovered by the title insurance company, it will be made the subject of prompt conveyances among the parties, by bargain and sale deeds, so that ownership of the Additional Property is held in the same proportions as are established by the deeds above described. The conveyances shall be in the same form and substance as used for the . deeds above described, except for the variance in the legal description. (The interest of Cyprus in any such Additional Property shall be conveyed to Denver along with the balance of the property, pursuant to Section 5.8, without additional payment.) The fees of the title insurance company for the policy, commitment, or ownership and encumbrance report shall be shared equally by the parties. Englewood shall reasonably determine, after consultation with the other parties, the form of document to be obtained from the title insurance company, depending on practicality and cost. The initial deeds shall be delivered no later than 30 days after the latest of approval of this Agreement by the Court and its approval by any necessary action of the governing bodies of the various parties. 8.5 Unitv of Action. If any party reasonably believes that an action, event or occurrence could cause a reduction of yield of the CMC System under Section 6.2 or affect the integrity of the CMC System, that party shall notify the other parties. The parties anticipate three types of action that could affect the yield of the CMC System or impact the integrity of the system; namely, Water Court action, Regulatory Action or physical trespass. 22 •• I . • 0 • • 0 • 8.5.1 Water Court action. In event of a Water Court action the parties shall in good faith meet and discuss the pote:'ltial detrimental effect of the proposed Water Court action on the CMC System and its yield. The parties shall dete:-mine whether to jointly participate in the action. There is, however, no requirement for any party to intervene in or oppose the Water Court action. Any party that chooses not to participate in an action shall not ·be in breach of this Agree~ent but Section 6.2 may apply as a result of the order or decree. Any party who does participate may settle and such settlement shall not constitute a breach of this Agreement, but Section 6.2 may apply as a result of the settlement. (The provisions of Section 6.2 shall apply if a Water Court action results in an reduction of the yield of the CKC System even if a par:y stipulates to or does not appeal the Water Court's dete:-mination.) This Section also applies to a State Water official's decision or administration which is implemented and would cause a reduction to the CMC System yield. Water Court action also includes any action concerning the Blue River Decree, Civil Action Nos. 2782, 5016 and 5017, U.S. District Court. Denver or Englewood shall not be in breach of this Agree~ent if they make divergent arguments in Cue No. 95CW065 Water Division No. 5, but Section 6.2 may apply. A change from the 1992 tabulation shall not be considered implemented until the water official curtails the CKC Water Rights as a result of the change. 8. 5. 2 Regulatory Action. In event of a proposed Regulatory Action or commencement of litigation that may resul: in a Regulatory Action, other than Nater Court or State Water officials' proposed action, no party shall have the authcrity to enter into any agreement, decree or stipulation that adversely affects the CKC System er its yield without the express written consent of the other parties. The parties shall unanimously oppose any proposed adverse or possible adverse regulatory action which could trigger the provisions of Section 6. 2. Any settlement of a proposed adverse dete:-mination in a Regulatory Action shall be unanimous. If any party unilaterally consents to such an adverse determination, that party shall bear the entire effect resulting from the adverse determination, and shall hold the other parties harmless from the determination, in addition to being subject to whatever other legal remedies are available to the other parties. 8.5.3 Physical Trespass, Liens and Encumbrances. In event of an unauthorized entry upon the physical property or right of way within the CMC System, the parties shall in good faith assess the impact of the entry upon the CKC System and the appropriate means to effect a remedy. Any party at its own cost, however, can institute an action to enforce the ejection of the trespasser or to maintain the integrity of the . - 23 • I· • 0 • • 0 • CMC System. Since the CMC System is jointly owned, the parties will not contest their joinder in an eviction or other action against the offender. If Denver prosecutes the action under its obligation to operate and maintain the CMC System, any costs incurred shall be reimbursed under Section 6.2. If any party causes a lien or encumbrance to be placed upon the CMC System, that party shall take appropriate action to remove the lien or encumbrance. · 8.6 Water Qualitv. The quality of water delivered by Denver to Englewood under Article III or provided to Cyprus under Article IV, or produced by the CMC System, is on an •as is• basis only, with no warranty expressed or implied. 'l'lleze ia ao ~ty tJaat th• water will be fit for uy particalar pupoN. Englewood, Denver and Cyprus waive any claims they may have against each other arising from the quality of the water. No party shall have any treatment responsibility for any water delivered or provided under this Agreement. 8.7 Severabilitv. If any provision of this Agreement shall prove to be iilegal, invalid, unenforceable or impossible of performance, the remainder of this Agreement shall not be affected thereby and in lieu of each such provision of this Agreement, there shall be added as part of this Agreement a provision which is legal, valid, enforceable and capable of performance and which is as similar in terms, content and effect aa possible to the provision that is illegal, invalid, unenforceable or impossible of performance. 8.8 Successors and Assi5;ris. This Agreement or any of the rights and obligations created ereunder shall not be assignable by any of the parties hereto except upon the express approval of the other parties signified with the same formality as by the execution of these presents, which approval shall not be unreasonably withheld; provided however, that sales or leases by Denver or Englewood of the water provided to them under this Agreem~nt shall not be deemed to be an assignment. The following agreements do not constitute assignments for purposes of this Section 8.8: the Water Lease and Management Agreement dated August 3, 1977 between Englewood and the City of Thornton; the February 24, 1986 Water Agreement and Assignment between the City of Thornton and Mission Viejo Company; the March 31, 1986 Agreement and Assent to Assignment between Englewood and Mission Viejo Company; the November 3, 1980 Water Supply Agreement between Englewood and Mission Viejo Company; the December 27, 1988 Quitclaim Deed, Assignment and Bill of Sale between Mission Viejo Company and Highlands Ranch Development Corp.; the December 27, 1988 Special Warranty Deed, Assignment and Bill of Sale between Highlands Ranch Development Corp. and Centennial Water and Sanitation District. 8.9 Binding effect. The provisions of this Agreement are binding upon and shaII inure to the benefit and burden of the 24 • - I· • 0 , • • • 0 , . • parties' successors and assigns. 8.10 Non Waiver Clause. This Agreement may not be amended nor any rights hereunaer waived except by an instrument in writing signed by the parties to be charged with such amendment or waiver. The waiver by any party of any term or condition of this Agreement shall not be deemed to constitute a contin~ing waiver thereof, nor of any additional right that such party uy hc:>ld under this Agreement. 8.11 Heading Clause. The article, section, paragraph and subparagraph headings of this Agreement are inserted for convenience and reference only and shall not alter, define, or be used in construing the text of the articles, sections, paragraphs or subparagraphs. 8 .12 Colorado Law. This Agreement shall be construed under Colorado law. 8 .13 Integration. This Agreement constitutes the entire agreement between the parties. It supersedes any prior agreements or understandings between the parties. 8 .14 Survival. The provisions of this Agreement shall survive any transfer of title to the O!C System. 8.15 Effective date of deliveries. The effective date of delivery obligations under this Agreement is May l, 1996. 8 .16 Dismissal and Waiver of Claims. The parties shall promptly dismiss with prejudice al! claUD.S and counterclaims raised or which could have been raised in Case No. 93CVS585, Denver District Court, except any claims of Englewood concerning diligence on the conditional portion of the water rights decreed in Case No. W-8456-76, District Court Nater Division No. 1. All parties shall waive all claims they may have against each other, whether known or unknown, asserted or not asserted, arising out of acts or omissions concerning the 1969 Modification or 1964 Basic Agreement or Denver's operations of the on or before the execution of this Agreement. All parties shall bear their own costs and fees . 8.17 Default. In the event any party is in material default or fails to keep or perform any obligations on its part to be kept and performed according to the terms and provisions of this Agreement, and any other party gives the defaulting party written notice specifying the particular default or defaults, the defaulting party shall have thirty (30) calendar days in which to cure such default or defaults, or institute action reasonably calculated to cure such default(s). Due to the uniqueness of the subject matter of this Agreement; the inadequacy of legal reaedies; the extreme difficulty which uy be experienced in calculating damages; and the impossibility of returning the parties to the 25 ...... • I· • 0 • • • ,. conditions that existed at the time of this Aqreaaent, the non- defaulting party(ies) shall have the right to specific performance as a remedy. Waiver or failure to give notice of a particular default or defaults under this Section ·shall not be construed as condoning any continuing or subsequent default. 8.18 Term. This Agreement is perpetual, except for the provisions concerning Cyprus which shall terminate when the Henderson Mine ceases operation under Article II. ATTEST: Secretary APPROVED: Planning D1v1s1on APPROVED: Legal D1vu1on ATTEST: clty clerk ATTEST: Secretary 26 CDT UD WWWII 0, WIV&a acting by and through i ta IDIID or 11U&a ccaaauiaau By: •p""r""'e""'s""'1""d.,.en'""t~-------- REGISTERED .AND COONTERSIGNED Donald J. Mares, Auditor CDT OI' IN!IWOOD, c:m.ollDO By: .. Ai,......yo.,.r-,----------- By: __________ _ .... ,,, -. ' • . .. I . • 0 f 32xl - • • • • "' - • • .. STATE OF COLORADO ss. CITY AND COUNTY OF DENVER The foregoing instrument was acknowledged before ae this day of , 1995, by •• President, "'aiia --------as Secretary of the Board.of Water Commissioners. Witness my hand and official seal. My commission expires-------~ STATE OF COLORADO COUNTY OF ARAPAHOE ••• Rotary Pubhc The foregoing inatrument waa acknowledged before me this day of , 1995, by •• Mayor, "'aiia --------aa City Clerk ot the City Of Englewood. Witness my hand and official seal. My commission expires-------- STATE OF------- COUNTY OF ----- as. Rotary Pubhc The foregoing instrument waa acknowledged before me this day of , 1995, by aa · President, "'aiia as secretary of Cyprus clliix Metals. -------- Witness my hand and official seal. My commission expires Rotary Pubhc 27 ..... • . .. I . • 0 • •, • ·, • - A. i,eli ..,..iy Procac11•r•• .. •. DOYer' • ~· sovc:e• c. DaaPl .. of DDWT'• De1ipat1on ud Del1WrY Clblit•UOU to SDalawood D. curu1i.zat 1c:11ecsnl• E. a.pl.atDrY ~iOD r. ny1ark auc:b water aithta c.. aar1Li.n and Sal• DNda c;-1. cypriie c;-2. DeDflr , I. • 0 • 'a2xl • • • • .. SXIIIBIT A DELIVERY PIIOCEDUIU:S FOR D.ftll DELIVERED 'fO DIGLEWOOD PUltSUMIT 'fO UCTICINS 3.2 AND 3.3 OF TU SETTLINENT MaEDCN'l' 1. Notice for Change in Delivery !late a. Englewood shall give Denver 48 hours' notice for starting delivery or changing rate of delivery. Exception: If the High Line Canal is shut off without prior notice to Englewood (such as High Line called out of priority), a 48-hour notice to cease High Line canal deliveries to Englewood shall not be required. b. Requests for delivery start-up or changes in rate of delivery will be made or accomplished only during normal business hours. c. Englewood cannot require more than one change per week in High Line Canal delivery rate unless all deliveries are stopped because the Canal is shut off or McLellan Reservoir fills. 2. Minimum and Maximum Delivery llates in CFS The following rates apply to the combined total of Basic Deliveries (Section 3.2) and Paid Deliveries (Section 3.3). Deliveries in units of whole cfs-days only. Nu1aa ToUl Ne•1ee Total. of of All __ , __ ti9h Cbatfield and Deliveri•• L1ae Delivery ltrontia lprillf• Detes Ccfal Ccfal Deliveriea Ccfal April lS -June 30 100 10 to July 01 -October lS 10 10 40 October 16 -April 14 50 0 50 n:\letea\Eal'IDtA .doc .... I . . 0 1 32xl - • • • • <. 3. Maximum Change in Delivery Rates per Day 4. 5. 6. a. 60 cfs for High Line deliveries b. 25 cfs for all Chatfield and-Strontia Springs deliveries combined c. 60 cfs for all deliveries (High Line, Chatfield, and Strontia Springs deliveries combined) Temporary Changes in Delivery Reguirements Upon mutual agreement between Englewood and Denver, the requirements in paragraphs l, 2 and 3 above aay be temporarily changed in response to current water supply conditions or other emergency conditions. Such agre ... nt may be verbal, but shall be confirmed in writing by the party requesting the change. High Line Canal a. After a period of non-usage, Denver bas right to run the High Line Canal up to 48 hours before starting deliveries to Englewood. b. No deliveries will be made to Englewo in the High Line Canal unless water already being delivered under High Line 1879 right. c. Denver and Englewood recognize that the High Line aay at times require maintenance or repair work and not be available for use. When the High Line is anticipated to be unavailable, Denver will provide Englewood with as much advance notice as is reasonably possible. d. The minimum delivery rate for Englewood in the High Line Canal is 5 c.f.s. Monthly Plan By the 25th of every month, Englewood is to provide their best possible estimates of monthly deliveries of both Basic and Paid Deliveries for the remaining months of the delivery year. These estimates include all deliveries to leases and assigns. Estimates are not binding, but are provided so that Denver may better plan for operations of its municipal water system. ...... .. ., I . • 0 1 32xl • • • 7. • 0 - Limitations of Basic Deliveries Water Englewood shall take delivery of no more than 2/3 of the yearly designated amount of Basic-Deliveries during the period May l through August 31 of each Water Year. 8. Contact Persons 9. a. Requests for startup of delivery or change in delivery rate shall be directed telephonically to the Raw Water Supply section of Denver Water (628-6510). b. Englewood will schedule and communicate to Denver all delivery requirements including deliveries to its lessees and contract users of water delivered by Denver. Converting from CFS-Days to Acre-Feet For purposes of computing volume of water delivered, 1 CFS-Day shall be considered equal to 2 acre-feet. 10. Delivery and Diversion Points a. High Line Deliveries: High Line deliveries will be measured at the gage adjacent to Platte Canyon Reservoir and delivered to the Dad Clark Gulch turn-out on the High Line for storage in NcLellan Reservoir. Deliveries to Dad Clark Gulch will be reduced by 161 for carriage losses between the High Line gage and the turn-out. Such deliveries will be .. asured at the gage on Dad Clark Gulch between the High Line and NcLellan Reservoir. Englewood will be responsible for maintaining the accuracy of the Dad Clark gage. Nothing in this agreement creates any obligation for Denver to deliver Basic Deliveries, Paid Deliveries, or any other water in the High Line Canal for the benefit of Englewood. Englewood's rights to use the High Line Canal for the delivery of Basic and Paid Deliveries provided under the Settlement Aqreement, and any other waters, is the subject of a separate agreement between Englewood and Denver executed contemporaneously herewith. b. Strontia Springs or Chatfield Reservoir Deliveries will be made to one or more of the following: ...... I . • 0 '32xl • • 0 ,~ • Deliver:z: Point Measurement Point Diversion Point City Ditch Headgate City Ditch ;a;e NcI.ellan Reaervoir or 'En9lewood'• Allen Water Treatment Plant Nevada Ditch Nevada Ditch ;a;• Proposed Kiewit Reaervoir Last Chance Ditch Laat Chance 9a9e Propoaed Kiewit Reaervoir Chatfield or Strontia Chatfield outflow -Union AV9Due Intake Springs outlets to 9a9e or Strontia -lnaor well field South Platte River Sprin9a outflow -fropoaed DOW well field 9a9e, reapec--NcBro-Ditch lby tively -cban;e on lear CrHk flow> -NcLellan Reservoir lby exchange on Dad Clark flow) Other deliveries from Chatfield or Strontia Springs will be made upon written approval by Denver. Nothing in this Settlement Agreement shall prejudice or otherwise be construed as either Denver or Englewood's agreement, acquiescence, or approval concerning the propriety of using the City Ditch, Nevada Ditch, Last Chance Ditch, or Kiewit Reservoir facilities for the conveyance or storage of water delivered hereunder. The parties expressly reserve whatever opposition or challenges each may make concerning the propriety of such uses. 12. Provisions for Unforeseen Circumstances Denver agrees to use every reasonable means to furnish a supply of water consistent with these delivery procedures set forth i'n this Exhibit. No liability, however, shall attach to Denver for failure to make any required delivery to Englewood if the failure results from one or more of the following occurrences on the eastern slope of the Continental Divide which is beyoond the reasonable control of Denver: failure or inoperability of any dam, conduit, ditch, headgate, valve, or any other storage or delivery facility; or non-deliverability resulting from terrorism, act of war, vandalism or malicious mischief; strike or other labor disturbance; power outage; or windstorm, flood, earthquake; provided however, that Denver shall proceed with all reasonable diligence to repair any Denver facility which is the cause of the failure of delivery, and recoaaence delivery; and provided that Denver and Englewood shall n : \ .. t•l""*'tA .. .... ..... • •. .. •· • 0 • r • • cooperate in seekin; promptly to establish any practical alternative means of delivery while the cauae of the failure remains uncorrected. Notwithstandin; para9rapha 3.2.4 and 3.3.3 Denver will make reasonable efforts to replace the loss of delivery at a practical later date. .... \ . . " . , •. .. I. • 0 '-1,,v I 1- BASIN South Platte INrCreek Colorado River •• 11_1 .w, • • 0 t • • EXHIBIT B REUSABLE SOURCES RIGHT CABENUMIER 8Hry Ditch W-77D-7' • Four Mlle Ditch IOCW313 Brown Ditch eecwo1, Nevada Ditch 11CW172 Last Chence Ditch No. 2 12CW01, PionHr-Union Ditch 11CW100 Hodgson Ditch 11CW102 Harriman Ditch 11CW103 Robert Lewis Ditch 11CW105 Simonton Ditch l1CW1D8 Warrior Ditch 11CW1CII Blue River Dlveision Prajec:t W-1805 W-1I08 W-2712 W-5011 W-5017 Moffat Tunnel Collection C.A.-1'30 System and Daring CINk Extension of the VWlarna Fork Diversion Project Fraser River and Wlllaml Fork C.A..e57 Olve19ion Projec:la Hllmilon-Cabln CINk Didi. C.A.~ Extension and Et...,.. .. of the Hllmilon CINk Dlctl, Meadow CINk ReNfvoir ,, - •. NOTE Denvn .. of ....... from theN 80UNlN la llllltact ID the Courra ruing In 11cw.05. Denvn .. of ...... tam theN 80UNlN .. llllltact ID ... prGUiliol• of 1111 I 1•1 FM Agl'Nmelll I . . 0 ..... • • • • - '· Exhibit C Examples of Denver's Duip,•tion and Delivery Obliptiom to Eqlewood While the Hendenon lllne ia ln Operation (l.l.1) Cmeria 2,700 a.fJyr. 1DUDDum 2,600 a.r.12 yr. minimum 23,200 a.fJlO yr. minimum Application or Criyria Dnf\ 12/16194 a..iald '7/11'95 To allow for compliance with the above-stated criteria, the i>llowins millimum amoaDta must cumulatively be deaip,ated during the number of CODNCUtiw ,-an u indicated. Number of Com@cutive Xeau 1 2 8 4 6 6 '1 8 9 10 Minimum Amount which Cwllulatiwly MJllt he Ptfio•ftd <em:lm> 0 l800 4800 7000 9'700 ll400 1&100 17800 IO&OO l8tOO Npp-EGbYiD EnmPlu or Pefip•tipp Beavirrntn!I <wn:lttl Yur E!!Jil!l• 1 E!!!11!le 2 E!!,1:!1Dle3 .. ,..! ,,.,111 •• 1 2700 2700 2700 l'700 2700 2 2700 0 0 moo IDOO ., 3 2700 2800 l800 moo IDOO 4 2700 17002 l'70C?3 moo IDOO & 2700 2700 moo IDOO 8 2700 moo IDOO 7 2700 MOO' = 8 2700 9 2700 10 0 I 11 2800 a:~\lallMC .. . . ' .. I • • 0 1 J2xl • • • • <. a. Examples 1 through 5 auume the maximum of 2,700 a .f. hu been designated for the 9 years prior t.o year 1. Eumplea 1 through 5 do not refJec:t tbe period immediately subsequent t.o tbe effective date of this agreement liDce they disregard paragraph 3.2.1, which require, that it be uaumed that Denver cluignated 2,500 a.f. during each of the nine Water Yean preceding the WatilrYear Denver first designates water. Eumple 8 aaumu 2,500 a.f. hu been daaipated each of the nine Water Yean preceding year 1 and u IUCh ii couiltnt with the requirements of paragraph 3.2.1 . 1. · In example 1, the minimum that can be deaipated in year 11 ia 1,800 a.f. t.o comply with 2,600 a.f.12 yr. criterion over yean 10 and 11. Tbe 10 year total (yean 2-11) ii 24,300 a.f. which aabl&u 23,200 a.f. requirement. 2. Tbe 2,600 a.f./2 yr. criterion would allow a minimum ofO a.f. t.o be duipated in year 4. However, t.o aatiafy tbe 10 year requirement of23,200 a.f., a minimum of 4,300 a.f. must be duipated over any 3 c:omecutive yean. mean;nr that at leut 1,700 a.f. must be duipated in year 4. 3. The 2,600 a.f./2 yr. criterion would allow a minimum of900 a.f. t.o be duipated in year 5. However, t.o aatilf'y the 10 year requirement of23,200 a.f., a minimum of 7,000 a.f. must be designated over any 4 couecutive yean. meeninr that at leut 2, 700 a.f. must be designated in year 5 (and for the mne;n;nr 8 ,-an). 4. The 2,600 a.f.12 yr. criterion would allow a minimum of'800 a.L to be duipated in year 7. However, to aatiafy the 10 year requirement of'23,200 a.t, a minimum of' 12,400 a .f. must be designated over any 6 c:omecutive ,ean. meen;nr that at leut 2,400 a.f. must be deaipated in year 7. 5. Tbe 2,600 a.f.12 yr. criterion would allow a minimum of'IOO a.L to be clleipated in year 8. However, to aatiafy the 10 year requirement of'23,200 a.L. a minimum of 15,100 a.f. must be duignated over any 7 couecutive yean. me,n;nr that 2, '700 a.L must be deaipated in year 8 (and the foUowiq 3 yun). 6. Tbe 2,600 a.f.12 yr. criterion would allow a minimum of 100 a.L to be clleipaacl in year 2. However, t.o aatiafy tbe 10 year requirement of'23,200 a.L, a minimam of' 700 a.f. must be designated in year 2. After the Henderson Mine C..... Operation (l.ll) 3,200 a .f./yr. maximum 1,500 a.fJyr. minimum 4.100 a.f.12 yr. minimum 26,600 a.f./10 yr. minimum Appljcation of Criteria To allow for compliance with the above-ltated criteria, the f'oUowinc minimum UllOUllta must be cumulatively designated duriq the number of CODIICUtive ,-an u indicated. ..... . ' •, I . • 0 '32xl Number of Ou,ees;vtiv, Xtm 1 2 3 ' 6 6 1 8 9 10 • 0 I • • Minimum Amount which Cumulatively Mut he PuiA•tcd lacrt·feetl 1600 4100 6800 8200 10800 18800 11000 I0200 U400 188()() Non-Excluaiv, E11rnpiu o(D11ipatipn B@quirtmenta Clcn·feetl • Year Example 1 Eumple2 E.._ple3 lhltPle6 ... 7 llOO IBOO, l880 1 2 3 4 s 6 7 8 9 10 11 •• l . 2. 3. ,. 3200 3200 3200 3200 3200 3200 3200 3200 8200 115()()1 2800 3200 115()() 28002 115()() 3200 115()() 2800 115()() 2800 = IIOO IHO IHO 1180 1180 =- Examples 1 tbroush 6 auume the muimum of 3,200 a.L bu bea deei1D•tad a tbe 9 years prior to year 1. Eumple1 1 tbroqh 8 do aot Na.ct tba period immediately aubaequent to tbe year Hendencm Mille Cl&IN opentiall lillGI tbaJ diare1ard pare,raph 3.2.2., which Nquira tbat it be -«I tbat Deawr delipated 2,930 a.f. duriq each or tbe lliDe Watery..,. Precedias the Water Year Hendenon cea111 operetioll. Eumple 1 UIWDU 1,980 a.L bu beta deei1Datad each of the Dille WaterYean pl9CICWll year 1. ud u IUch ilcamiltat wida the requirementl orpare,raph 3.2.2 . In example 1, tbe millimum tbat cu be delipated in year 11 ii 1.800 a.L to CDIDJ)ly with the 4.100 a.f.12 yr. criterioa owr yean 10 ud 11. Tbe 10-year (yean 1·11) total ii 29,100 which aatidu the 28,800 a.L requiruaenL Tbe 4,100 a.f.12 yr. criterion allow• a millimum or 1.100 a.I. to be duipaated ill year 4. Thia alao aatil&e1 the requinment that a millimum ol 6,800 a.L be deeipated over uy 3 collllCUtiw yean. Tbe 4,100 a.f.12 yr. criterion ellow1 a millimum or 2,800 a.I. to be duipaated ill year 5. Thia alao aatidu the requinmellt tbat a millimum ors.lOO a.L be delipated duriq 4 CODIICUtiw yean. Tbe ,.100 a.f.12 yr. criterioa would allow a millimum or uoo a.I. to be ....... eted ill year 6. However. to aatilly the IO.year requinmat ol 18,800 a.L, a aillia11• ol 10,800 a.I. mut be cleeipat.ecl over uy 5 CDUICUtiw yean, •••ill1 daa& a& INll 1,400 a.f. mut be duipaat.ecl in year 8 . --------~--~-, • • - I . • 0 , 2 5. 6. 7. • ... • , .. • ' The 4.100 a .f./2 yr. criterion would allow a minimum of 1,700 a.t: to be dasipated in year 7. However, to aatiafy the 10 year requirement of 28,800 Lt:, a millimum of 13,800 a.r. mult be desipated over any 8 couecutive yean, meaniDs that at leut 8,200 a.f. mu.at be desipated in year 7 (and the &,llowillg 4 yean). The 4,100 a.f.12 yr. criterion would allow a minimum of 1,400 a .t: to be dasipated in year 7. However, aiDce tbia ii leu than the l,-500 a.fJl yr. criteria, tbe 1,1500 Lt: would control. To aatiafy tbe 10 year requirement of 28,800 Lt:, a millimum of 13,800 a.f. mult be desipated over any 6 couecutive yean, meanin1 that 2.500 Lt: mu.at be deaipated in year 7. The 1,500 a.f.Jyr. and 4,100 a.f./2 yr. criteria control., cleaipatiall obliptiou l,r yean 2 and 3, rupectively. However, year 4 cleaipatioll ii Clllltrollad by ta. 28,800 a.fJlO yr. criterio11, which requiral that a minimum m 1990 Lt: be duipated in year 4. "' -. • .. I . . 0 1 32 x l - • • ·, • EXHIBIT D CURTAILMENT SCHEDULES I. GENERAL Curtailment shall occur only in the event of either a complete failure of any component of the Cabin-Meadow Creek System wbich prevents any Denver usage of the respective component of aaid system, or a partial failure of any component which causes Denver, in its own discretion, to completely shut out that component of said system. Not specifically addressed by the storage curtailment procedures described in this Exhibit Dare aituationa, auch as a •bold orderR by the State Engineer's Office, reatricting the usable, active storage capacity of Meadow Creek aeaervoir below ita historic and current capacity or any other action aiailarly reducing the usable capacity of Meadow Creek aeaervoir below its historic and current capacity. II. CURTAILMENTS OF BASIC DELIVERIES TO CYPaos AND ENGLEWOOD UNDER SECTIONS 4.2 ANt5 l.2, RESPtctfvttY A. DiaECT FLOW CURTAILMENT SCHEDULE 1. Curtailment for Denver's loaa of direct flow shall be baaed on the number of dar• of outage in the May 1-to-June 30 period (inc uaive) each year. No curtailment shall result for any day outside of the May 1-June 30 period, inclusive, during wbich Denver loses direct flow water due to an outage. 2. Curtailment• on an interceptor-by-interceptor basis shall be aaaigned uaing the following percentages of loaaea of direct flow: 3. Meadow Creek Burd Creek North Trail Creek Tributary South Trail Creek Tributary llaailton Creek Cabin Creek Little Cabin Creek total 01• 141 4.51 4.51 211 501 61 m,t *There shall be no curtailment for lo•••• of direct flow from Meadow Creek. The voluae of curtailaent for Denver'• loaa of direct flow in a given year ahall be calculated interceptor-by-interceptor by taking the product of: .. I. • 0 J- • • ,. - .. • ·, - a. Denver's total designated deliveries to Cyprus and Englewood under Section 4.2, and paragraphs 3.2.1 or 3.2.2, respectively; b. The ratio of the number of days of the outage divided by 61; c. The interceptor-assi9rted percentage of loss of direct flow from IIA2, above; and d. 401, said 401 being the historic (1975-1993) fraction of total yield derived by Denver in its operation of the Englewood Ranch Creek Collection System which is attributable to direct flow. 4. Examples The following examples describe the operation of the direct flow curtailment schedule. a. b. Example 1 (1) Direct flow is available for diversion at the Trail Creek points of diversion, but the main Trail Creek interceptor conduit which carries diversions from both North and South Trail Creek tributaries <·Trail Creek Interceptor•) is partially out due to a break for the June 1-to-June 21 period, and Denver, in its own di1cretion, elects to abut out the main Trail Creek Interceptor. (2) Denver had designated 3,000 af to Cyprus and 2,700 af to Englewood under Section 4.2, and paragraphs 3.2.1 or 3.2.2, respectively. (31 Volume of curtailment• 71 af. (• 5,700 x 21 days x 91 x 401)/61 days Example 2 (1) In addition to the Trail Creek Interceptor outage given in Example 1, a pipe break in the Cabin Creek interceptor ha1 caused an outage for the June 22-to-June 30 period. 2 . . .. I . • 0 1 J2xl • 3. • • • (2) Denver's total designated delivery remains at 5,700 af. (3) In addition to the Trail Creek Interceptor curtailment of 71 af, the Cabin Creek curtailment would be 168 af. (5,700 af X 9 da¥S X 50\ X 401)/61 days Thus, the total direct flow curtailment would be 239 af (• 71 af + 168 afl. Example 3 (ll A break in Englewood's main conduit near its interconnection with Denver has occurred on April 30, and bas not been repaired by the end of June. (2) Denver had designated 3,000 af to Cyprus-Clim&X and 2,700 af to Englewood. (3) Volume of curtailment• 2,280 af. (5,700 af x 61 days x 1.0 x 401)/61 days B. STORAGE CURTAILMENT SCHEDULE 1. curtailment for Denver's inability to deliver storage water from Meadow Creek Reservoir for any given period(sl solely during the July 1-0ctober 31 period, inclusive, shall be calculated as the product of: a. The difference in percentages froa TABLE 1 from the last day of outage and the day before the first day of outage; and b. The sum of Denver's designated deliveries to Cyprus and to Englewood under Section 4.2, and paragraphs 3.2.l or 3.2.2, respectively. 2. Examples The following two examples illustrate the process of quantifying such storage curtailments. a. Example 1 (1) A problem with the outlet for Meadow creek Reservoir prevent• Denver froa 3 ,,,_ • . .. I . • 0 '32xl • • • ; b. • 0 I • • withdrawing any water from storage from September 4 through September· 29. (2) Denver had designated 3,000 af for Cyprus-Climax ·and 2,700 af for Englewood. (3) Volume of curtailment• 1,037 af. (• (43.31 for end of September 29 minus 25.101 for end of September 3) x 5,700 af) Example 2 (ll A break in the Englewood main conduit just upstream from the interconnection with Denver prevents Denver from withdrawing water from storage from July 1 through October 31. (2) Denver's total designated delivery remains at 5,700 af. (3) Volume of curtailment• 3,420 af. (• (60.001 for end of October 31 -0.001 for July l)x 5,700 af) C. TOTAL CURTAILMENTS Denver's total obligation to deliver water to Cyprus and Englewood under Sections 4.2 and 3.2, respectively, shall be reduced by an amount equal to the sum of the Direct Flow Curtailment (A) and the Storage Curtailment (Bl, as follows. 1. 2. While Henderson is in operation the reduction will first be applied against the volume of water Denver is obligated to deliver to Englewood under paragraph 3.2.1. If the amount of reduction exceeds the amount designated for delivery to Englewood, Denver's delivery obligation to Cyprus under Article IV will be reduced until the additive total of the amount designated for delivery to Englewood and the reduction in the amount deliverable to Cyprus equals the total amount of reduction calculated in IIC, illllediately above • After Henderson ceases operation, the total amount of reduction determined in IIC, above, shall be divided by two before being applied against 4 ,. - • . ... I . • 0 , • • .. • Denver's delivery obligation to Englewood under paragraph 3.2.2. 3. Any reduction in delivery obligations shall not reduce amounts previously designated or required to be designated by Denver under Article III of the general agreement among Cyprus, Denver, and Englewood. 4. In the event, during any Water Year, Denver delivered water in excess of its obli9ationa after the total curtailment has been calculated pursuant to IIC, above, Denver's delivery obli9ation(a) in the next year(s) shall be reduced in an aaount equivalent to the excess. This curtailaent(a) applied in subsequent year(s) shall not reduce amounts required to be designated under Article III of the general agreement among Cyprus, Denver, and Englewood. III. CURTAILMENT OF PAID DELIVERIES TO ENGLEWOOD UNDER SECTION A. CURTAILMENT SCHEDULE 1. Curtailment for Denver's loss of direct flow shall be based on the number of dars of outage in the May 1-to-June 30 period (inc usive) each year. No curtailment shall result for any day outside of the May 1-June 30 period, inclusive, during which Denver loses direct flow water due to an outage. 2. Curtailments on an interceptor-by-interceptor basis shall be aaai;ned using the following percentages of losses of direct flow: Meadow Creek Hurd Creek North Trail Creek Tributarr South Trai Creek Tributary Hamilton Creek Cabin Creek Little Cabin Creek total 01* 141 4.51 4.51 211 501 61 lUU'( *There shall be no curtailment for loaaes of direct flow from Meadow Creek. 3. The volume of curtailment for Denver'• loaa of 5 .. .... ,- .. I . • 0 '32 x l • B. • • I• •, • direct flow in a given year shall be calculated interceptor-by-interceptor by taking the product of: a. Denver's total designated deliveries to Englewood under Section 3.3. b. The ratio of the number of days of the outage c. EXAMPLES divided by 61; · The interceptor-assigned percentage of loss of direct flow from IIIA2, above; and The following examples describe the operation of the curtailment schedule: 1. 2. 3. Example 1 a. Direct flow is available for diversion at the Trail Creek Interceptor points of diversion, but the main Trail Creek Interceptor is partially out due to a break for the June 1- to-June 21 period, and Denver, in its own discretion, elects to shut out the main Trail Creek Interceptor. b. Denver had designated 500 af to Englewood under Section 3.3. c. Volume of curtailment• 15 af. (500 x 21 days x 91)/61 days Exam"Cle 2 a. Direct flow is available for diversion at the Trail Creek Interceptor points of diversion, but the main Trail Creek Interceptor is partially out due to a break for the June 1- to-June 21 period, and Denver, in its own discretion, elects to shut out the main Trail Creek Interceptor. b. Denver had designated Oaf to Englewood under Section 3.3. Volume of curtailment• 0 af. 6 • ...... •. .. 0 I· • 0 • • • <, (0 x 21 days x 91)/61 days C. Any reduction in delivery obligations shall not reduce amounts previously designated or required to be designated by Denver under Article III of the general agreement among Cyprus, Denver, and Englewood. D. In the event, during any Water Year, Denver delivered water in excess of its obligations after the total curtailment has been calculated pursuant to IIIA, above, Denver's delivery obligation in the next year(s) shall be reduced in an amount equivalent to the excess. 7 . , .. I . . 0 • • 0 • EXHIBIT E REGULATORY ACTION I. GENERAL The purpose of this exhibit is to give guidance to the parties and/or to the engineering arbitrators (collectively, •the successors") in implementing reductions pursuant to Section 6.2 in Denver's obligations to deliver water to Cyprus and to Englewood under Articles IV and III, respectively, of the settlement agreement. This exhibit desc=ibes the general bases on which Denver's delivery obligations to Englewood and Cyprus set forth in Articles III and IV were determined. The successors shall use the descriptions herein as the bases on which reductions to Denver's delivery obligations are to be determined. Because the exact nature of any future Regulatory Action, and the resultant adverse effects upon the yields of the C'MC System and CMC Water Rights, cannot be foretold, the purpose of this exhibit is to provide guidelines, within a defined methodolo,6, to implement reductions in Denver's delivery obligations.is exhibit also provides examples of such reductions resulting from hypothetical Regulatory Actions. By setting forth the guidelines outlined in this exhibit, the parties are not expecting, acquiescing, or in any manner agreeing to the authority, appropriateness, or necessity of any Regulatory Action. I I. USE OF W.W. WHEELER ANO ASSOCIATES, INC. , YIELD STUDIES OF THE CABIN-MEADOW CREEK SYSTEM A. General Pursuant to Section 6.2 of the settlement agreement, the successors shall determine the reductions in yields from the CMC System and CMC Water Rights resulting from a Regulatory Action by application of the action to the W.W. Wheeler Yield Studies, provided the successors agree that the 1952- through-1956 study period is adequate so as to incorporate the full effect of any long-term impact. Then, by comparison of such altered yields with the yields defined by the W.W. Wheeler Yield Studies, the successors are to make appropriate reductions to Denver's delivery obligations. The use of the term "yield" herein, and its derivatives herein, i.e., "W.W. Wheeler Yield Studies," •altered yields," and "reduced yields," is synonymous with the term, "Lawfully Divertable Amount," defined in paragraph 6.2.1 of the settlement agreement. 1 ... I . • 0 • • • • • • (, The successors should utilize the operational criteria, to the extent practicable, in the same fashion and to the same extent as utilized in the W.W. Wheeler yield studies, except to the extent by which the effects of the Requlatory Action are measured and results therefrom are calculated. B. Definition of the W.W. Wheeler Yield Studies Attached to this exhibit is a copy of an outline, entitled "Summary of Cabin-Meadow Creek System Yield Studies, Conducted by W.W. Wheeler and Associates, Inc. 1967-1975," prepared by Mr. Gary Thompson, P.E., engineering consultant from W.W. Wheeler and Associates, Inc . for Cyprus in the settlement negotiations leading to the settlement agreement. This summary describes some of the basic assumptions and monthly streamflow hydrology incorporated into the W.W. Wheeler Yield Studies. The W.W. Wheeler Yield Studies, in turn, incorporated in varying degrees results and assumptions described in the following studies: (ll an untitled and undated handwritten spreadsheet of a yield study of the Cabin-Meadow Creek System (attached); (2) "Report on Proposed Ranch Creek Collection and Storage System," dated April, 1956, prepared by Tipton and Kalmbach, Inc.; (3) "Supplement to Report on Proposed Ranch Creek Collection and Storage System," dated October 31, 1956, prepared by Tipton and Kalmbach, Inc.; (4) •aeport on Proposed Ranch Creek Collection System," dated December, 1970, prepared by W.W. Wheeler and Associates, Inc.; (5) a letter report, "Re: Ranch Creek Yield," dated September 8, 1975, prepared by W.W. Wheeler and Associates, Inc.; and (6) "Englewood's Ranch Creek Project Yield," dated June 7, 1985, prepared by W.W. Wheeler and Associates, Inc. Tables 1 through 7 of the Thompson outline set forth the amount of flow assumed to be available to the Cabin Meadow System at Meadow Creek Reservoir (Table ll, Trail Creek Diversion (Table 2), Trail Creek Tributaries (Table 3), Hurd Creek (Table 4), Hamilton Creek (Table 5), Cabin Creek (Table 6), Little Cabin Creek (Table 7). Tables 9 through 15 set forth the assumed requirements for water by senior water rights illlllediately below the Cabin Meadow Creek System at Meadow Creek (Table 9 -Vail Ditch), at Hurd Creek (Table 10 -Hurd Ditch), at Hamilton Creek (Table 11 -Axel Ditch), at Little Beaver Creek (Table 12 - Diamond-T Ditch; Table 13 -Fullerton-Klein Ditches), at Little Cabin Creek (Table 14 -Hartshorn Ditch), and at Cabin Creek (Table 15 -Fullerton Nos. 2, 3, Granite, and Cabin Creek Ditches). Englewood and AMAX (Cyprus's predecessor), did not construct · interceptors to divert streamflow from Trail Creek and from 2 . ' I . • 0 j ' I • • • • (. Little Beaver Creek. Englewood and AMAX did construct interceptors on the two Trail Creek (North and South Trail Creek Tributaries) tributaries as contemplated at the time of the December, 1970, Wheeler report. The Wheeler yield studies of September, 1975, and June, 1985, did exclude the Trail Creek and Little Beaver Creek streamflows from the yields of the Cabin-Meadow Creek System, and the successors should do likewise in their·analyses ~f the effects on yield from a Regulatory Action. Since the Little Beaver creek interceptor was never constructed, the requirements for water by the Diamond-T Ditch (Table 12) and by the Fullerton-Kline Ditches (Table 13) no longer have any relevance to the yield of the Englewood Cabin-Meadow Creek System as estimated by the W.W. Wheeler Yield Studies. Tables 16, 17, 18, and 19 set forth the •w.w. Wheeler Yield Studies" from the Cabin-Meadow Creek System. These yields, in part, were used as the basis for establishing Denver's delivery obligations to Cyprus and to Englewood under Articles IV and III, respectively. c. Ex~lanation of Denver's Delivery Obligations to Cyprus an to Englewood 1. While Henderson Mine Is In Operation (Paragraph 3.2.l) a. Deliveries to Cyprus Based on Column A2 of Table E-1, the engineers determined that Denver's aaxi.Jaum delivery obligation to Cyprus would be 3,000 acre-feet each rear with Denver, however, retaining the right to imit its delivery to Cyprus to 2,650 acre-feet in any one rear out of ten consecutive years. (A 1954 yie d to Cyprus of 2,654 acre-feet fraa a different W.W. Wheeler rield study was selected as opposed to the 1954 yie d of 2,363 acre-feet shown in Column A2 of Table E-1.) b. Deliveries to Englewood (1) Basic Deliveries Based, in part, on Column A3 of Table E-1, and also upon actual yields historically available from the Cabin-Meadow Creek System since its initial operation beginning in 1975, and also upon compromise, the engineers determined that (al Denver's minimum ten-year delivery to Englewood would be 23,200 acre- feet (rounded down from the annual average of 3 ...... 0 I . • 0 \ I f ;., • • • ,. 2,322 acre-feet); (bl Denver's ainimum delivery to Englewood in any one year would be zero acre-feet; and (cl Denver's mini.Imm delivery to Englewood over any two consecutive years would be 2,600 acre-feet (rounded down from 2,608 acre-feet). Uaing engineering judgment and upon compromiae, the engineers set Denver's maximum annual delivery at 2,700 acre-feet. · (2) Paid Deliveries The engineers reviewed W.W. Wheeler's Yield Studies of the quantification of South Platte River Exchange yields to Englewood ahown in Column C(2l of Table E-1. Due to many complexities and limitations aaaociated with the actual realization of such yields, the engineers compromised on a Denver delivery obligation to Englewood in lieu of the actual operation of the South Platte Exchange whereby Denver's delivery obligation will consist of (al a minimum ten-year delivery of 3,200 acre-feet; and (bl a aaxiaum annual delivery of 700 acre-feet. 2. After Benderaon Kine Ceases Operation (Paragraph 3.2.2) (a) Basic Deliveries Baaed in part on the results ahown in ColUllll 82 of Table E-1, and also upon yields actually available from the Cabin-Meadow Creek Syatem aince ita initiation of operation in 1975, and alao upon compromise, the engineer• determined that (1) Denver's minimum ten-r.ar delivery to Englewood would be 26,600 acre-eet; (2) Denver's ainiasun delivery to Englewood in any one year will be 1,500 acre-feet; and (3) Denver'• ainillwl delivery to Englewood over any two conaecutive years would be 4,100 acre-feet. Upon coapraaise and in return for a larger minimum-year delivery than indicated by the W.W. Wheeler Yield Studiea, the en9ineera set Denver's maximum annual delivery at 3,200 acre-feet. (bl Paid Deliveries Because the South Platte River Exchange, which the Paid Deliveries effectively replaced, waa to operate independently from the Denver Exchange, 4 ' ' I . • 0 I • • • • • the engineers retained the exact same Denver delivery obligation as described in IICl(bl (2) herein for the period during which the Henderson Mine is in operation. III. IMPLEMENTATION OF REDUCTIONS IN DENVER'S DELIVERY OBLIGATIONS A. General Denver's obligations to deliver water to Cyprus are essentially defined by two terms: (ll provision of a delivery of up to 3,000 acre-feet each year; and (21 Denver may deliver only 2,650 acre-feet in any one year out of any ten-year period. Likewise, Denver's obligations of Basic Deliveries of water to Englewood require a minimum ten-year delivery, a minimum annual delivery in any one year (after termination of operation of Henderson Mine), a minimum delivery over any two years, and a maximum annual delivery. Denver's obligation of Paid Deliveries to Englewood only require a minimum ten-year delivery and a maximum annual delivery. If faced with the task of modifying Denver's deliver obligation, based on the impacts of the Regulatory Action to the W.W. Wheeler Yield Studies determination, it may be appropriate or even necessary to extend the 1952-1956 Wheeler study period. Nonetheless, the settlement engineers provide the following guidelines and examples for consideration as appropriate and applicable. B. Denver's •0enver Exchange• Delivery Obligations 1. General · The term •Denver Exchange," as used herein, is meant only to be used as a means to the end of determining what Denver's delivery obligations, using the W.N. Wheeler Yield Studies, would have been if the 1964 and 1969 agreements had been operating after the imposition of a Regulatory Action. 2 • Denver's •Denver Exchange" Delivery Obligation to Cyprus Table E-2 summarizes the effects upon the yields of Englewood's Cabin-Meadow Creek System resulting in a hypothetical regulatory action or legal failure. Comparison of Column AS of Table E-2 with Column A2 of Table E-1 reveals that insofar as Denver's obligations to Cyprus are concerned, only the minimum-year, 1954 yield has changed, reduced from 2,363 acre-feet to 2,000 acre-feet. so long as the use of any other period other than 1952 through 1956, inclusively, shows 5 ..... ,,,_ • . .. I . • 0 '32 x l • • . ~ • • that the Cyprus Credit would not be less than 3,000 acre-feet during any ten consecutive years, the settlement engineers would recommend that Denver's obligations to deliver water to Cyprus retain the requirement for Denver to deliver up to 3,000 acre-feet each year. However, the once-in-ten-year requirement should be reduced to 2,246 acre-feet, which is determined as follows. Because the settlement agreement's once-in-ten-year requirement was 2,650 acre-feet, based on a different Wheeler yield study than that presented in Table E-1, the settlement engineers would reduce the 2,650 acre- feet by proration, the new once-in-ten-year requirement being 2,243 acre-feet. . i.e. 2,650 X 2,000/2,363 • 2,243. During this occurrence, which is assumed to occur no more frequently than once during any ten consecutive years, Denver's obligations to release water from Williams Fork Reservoir (WFR Replacement Account) shall also be reduced proportionately to 1,862 acre-feet. i.e. 2,200 X 2,QQQ/2,363 • 1,862 3. Denver's "Denver Exchange• Delivery Obligation to Englewood (Basic bellver1esl a. With Henderson Mine in Operation The full reduction of the total "Denver Exchange• yielcr-Ii to be applied first to deliveries to Englewood, and second to deliveries to Cyprus if the reduction is so great as to eliainate any obligation to Englewood. The hypothetical reductions in Table E-2 do not completely eliminate Denver's obligations to Englewood. The settlement engineers would reduce Denver's delivery obligations to Englewood as follows, from Table E-2. ~suming the successors consider the 1952-1956 study period adequate so as to incorporate the full effect of any Regulatory Action, the 10-year minimum would fall to 19,860 acre-feet as a result of subtracting the full reduction of total yield from Englewood's allocation of Wheeler's basic yields, shown in Column A(6) of Table E-2. The minimum annual delivery of zero acre-feet would remain at zero acre-feet. 6 I· • 0 \ I r, • • . ~ • ' . The minimum 2-year obligation would be reduced from 2,600 acre-feet to 2,200 acre-feet (2,200 acre-feet for 1953 plus O acre-feet for 1954). The maximum annual deliv~ry would be reduced to 2,311 acre-feet. (19,860 x 2,700)/23,200 b. After Henderson Mine Ceases Operation The full reduction of the total •Denver Exchange• Yield is to be applied to deliveries to Englewood, as shown in part B of Table E-2. The settlement engineers would first reduce Englewood's pre- reduction yields in ColU111n BS of Table E-2 by the hypothetical reductions in yield (Column B3 of Table E-2) to arrive at Englewood's •initial" pos~-reduction yield (Column B6 of Table E-2). Then, because the settlement engineers provided Englewood with a minimum, pre-reduction ten-year delivery of 26,600 acre-feet, which exceeds W.W. Wheeler Yield Studies' estimate of 25,970 acre- feet from Column B2 of Table E-1, it is necessary to increase the below-3,000 acre-foot yields to Englewood calculated in Column B6 of Table E-2 by the quotient of 26,600 divided by 25,970. These, slightly enhanced yields (COlumn B7 of Table E-2) provide the final yields to be used to set Denver's new and reduced delivery obligations. The settlement engineers would reduce Denver's minimum ten-year delivery obligation to Englewood to 22,420 acre-feet (Column B7, Table E-2). Because the 22,420 acre-feet is in excess of the 21,000 acre-feet cited in Paragraph 6.2.4, then in this example, the provisions for determining Adjustment Water in subparagraph 6.2.4.3 are not applicable. Because the settlement engineers determined that the minimum annual delivery to Englewood should be 1,500 rather than 1,181.5 acre-feet derived from Column B2 of Table E-1, the settlement engineers would prorate the minimum annual deliverr, obtaining 1,064 acre-feet (838 x 1,500)/ ,181.5. Because the settlement engineers determined the two-year minimum delivery to Englewood should be 4,100 acre-feet, rather than Wheeler's 3,985.5 acre-feet derived from Column 82 of Table E-1, the 7 . , I· • 0 I • c. • • • settlement engineers would prorate the two-year minimum delivery, obtaining 3,387 acre-feet. 4,100(2,454 + 838)/(2,~04 + 1,181.5) Finally, the settlement engineers would calculate the maximum annual delivery to be 2,697 acre-feet (22,420 X 3,200)/26,600. • Denver's •south Platte River Exchange• Delivery obllqatlon to tnqlewood (Paid billveriesl The .settlement engineers would prorate both the ten-year minimum delivery and the annual aaxiaua baHd on the results of the yield studies shown in Column C2 of Tables E-1 and E- 2. The reduced ten-year minimum delivery would be 2,820 acre- feet. (1,707 x 3,200)/1,937. The reduced maximum annual delivery would be 617 acre-feet. (1,707 X 700)/1,937, 8 . ; .. I . . 0 rd , ':l?~ I • "' - .. • • , . • ,, ,, IUMMAIIY Of CAIIN--MEADOW CIIIIK IYITIM YIELD ITUDIIS COllduclad a., w. w. WIINler and ....... Inc. 1117 · 1171 1. Meadow Crak ..._ voir UN1b1e capacity • 5.340 acr9-fNt, Including c:apecity ~ for ia by 1N VII Ditch and ucludlng minmum pool ......... 2. Conduit capacity: .. Meadow CINk ,._r,oir to Hurd CINk • 25 cfa Hurd CINk dlveraion to Hamilton CINk • 40 cfa Hamilton Creek to end • eo cfa 3. Historic period UHd in the yield ltUdiel • 1152 through 1151 4. Tables 1 through 7 are IUffll'llllin of 1N phylical ... 1n11111tv of ....now for diversion at the Intake points, u limited by __, call by ._ Shoahone Power Plant 11,250 et11 . c• by the Shoshone Power Plant..,....,._ to account for potential dapletlons by wnar rtghU __, to JAJiy 2, 1132, which la die data of adminiltmion auoc:lned with the Cabin-Meadow CrNk IYSlaffl, in ._ of the historic amounu. n-include: Grand River Ditch Extanaion. Colorado-Big Thompaon Project Enlargemant of Twin LalcN Tunnel colae:dol\ 8Ylt9ffl Colorado Sprinp 1121 cllcr9es of Hoolier ,-"Oi1Ct Delww'1 Ff8Nr end V,..,,,. FOfk prolecta Clncludlng IN ...... Fork Extanslon Project) 5 . Table 8 ii a summary of Strawt.rv Crak flows physlca7y end llplly avllllbla for diversion by IN Val Ditch (Grand County lrripted Land Compenyt . I. Table 9 ii a summary of the Val Ditch dhlerlion 1'9qUirwnent. 7. Vail Ditch ii antlded to a storage capactry of 150 acr9-fNI In Meadow CINk lllnervoir, together with the firlt 150 ilCre-fNt of norlble Inflow plul 30 percent of the storable Inflow through June 30 end an of 1N Inflow Hglnnlng on JAJly 1. Meadow Crak dlversionl by the Val Ditch .. only allowed .,_ IN Grand County lrriptad Land Company tuny utillzn lta water right out of Snwberry Crak. •• The April 9. 1174 Forest Service •Reviled St1pu1n1ons· for fiah flows: Utt1e Cabin Creek • 0.25 eta Cabin CrNk • 2.0 eta Hamilton Cl'Nk • May 1 to June 14 • 1.0 eta: June 15 to April 30 • 1.1 eta I Hurd CrNk • 1.0 cfl • • Trail Creek • 0.2!5 cfl Meadow Creek • May 1 to March 31 • 3.0 eta; April 1 to April 30 • 1.1 eta Mlldow Clllk ~ minimum pool • 310 acre-fell 0 1 • 'a2 I - • ·, • 9. Tibia 101hrough 15 .. IUl'llfflariu of ailmltld ditch div9rllol, ,.._...,.. for Mnior -rlghla an lllnch er-. It ... UIUfflld that .... would be b\l'PIIIH • neceaury to fflNt 1he .......,,.. of dlNe Nnior .... ,wa, ..ca an an mumed 22 percent lrrigldon tfflcill ICY. 10. It ... auumld 1Nl. during 1he study period, 1he Denver bdwlie -not ...... under 1he ll'OViliOna of 1he 1114 and 1H9 ........ during June and J4ily 1H2 and June 1HI. It -11ao......, that 1he 0.-bdwlie would have become llmad ID 1he following monlhly amouma ..._ of Moffat Tunnal aystem COIIIStrlinla: August 1112 • 3,400 _.fNt; June 1113 • IOO acn-fNt: J4ily 1953 • 700 acr9-fNt; .My • 1 Ill • 1,IOO ecn-teet. 11. The Cyprus Climax demMd wa ........ ID be 1he first 3,000 acr9-fNt per ya". 12. The Englewood yield under 1he 0.-EJIChalge wa llmlted ID 1he NCOnd 3.000 acn-fNt ... yes. Table 11 ii 8 IUfflfflarY of 1he total Cabin HIida w er.It~ yield for al panils. Aeferenc:ea to ·0nct ew.11o11a• and ·s-. ......... Indicate that 1he water WU dlliverld to 1he Moffat Tunnal for.-by 0.-at 1inlN when Denver had aurplua capacity In lta storage ,__ for .-of 11111 -· •1ou111 Plllla 11ic111nge• ,.,_. ID dnc:t cherliona ID 1he Moffat TUNIII for .-by Eugllwoocl tlWaugh .-of 1he Soulh Platte or Wlllama Fork EJlchange, • dlflned In 1he 1114 .....-,t. M tinlN when O.W. cld not have au,plua capecily In ill ..... faclldle. TIIIIII 17 tlWaugh 11 .. ......... of 1he individual yillda to Cypru1 Cima, E11gllwoocl, and 0.-. The yield ...... for Cyprus Climax In Table 17 Indicate 1he monthly amounca of waaer lhM would,__ acaUld to 1he Cyprus (AMAX) account, not NC111arly 1he cllh•lel of ttlil -to 1he MoffM Tunnal for UN by Denver. Simllarly, Table 11 llao ...... monthly amoura of waw that would have accrued ID 1he Englewood account, not neceu.lly 1he clalMlial of ttlil water to 1he Moffat TUNIII for.-by Dlnwr or by Englewood vii 1he Soulh ..._. Exchange. 2 . , • . .. I . . 0 , • ,, - •. 0 I• • TAIi.i 1 TOTAL NLOW TO MIADOW CIIIIK IIUIIIVOIII CII PERCENT 0, MEADOW c:_11&1( GAGE) rv ............. , VIAR APR IIAY JUN JUL AUG TOTAL .. 1952 238 2,187 1,158 187 301 I.H7 1953 15 1,517 3.118 413 212 I.H3 1954 0 1,790 721 0 0 2.511 1955 177 2.320 2,073 488 152 1.208 1958 58 3.149 2.381 259 -1.845 TAIi.i 2 AVAILAII I PLOW • TIIAL CIIIIK rv .... 1n Acn-PNtJ VIAR IIAY ,Ml JUL AUG .. TOTAL 1952 128 212 31 11 0 411 1953 82 117 21 11 0 211 1954 47 23 0 0 0 70 1955 74 15 28 18 0 213 1958 135 107 11 0 0 218 • TAIL.I 3 AVAILAILI PLOW • TIIAL CIIIIK TIIIIUTAIUII rv .... 1n Acn-PNtl VIAR MAY ,Ml JUL AUG .. TOTAL 1952 203 490 53 30 0 771 1953 105 321 44 21 0 I01 1154 74 31 24 11 0 148 • I . • 1155 117 118 43 21 0 -1158 214 187 21 23 0 4IO 0 -··· • • • • • -~ TAILl4 AVAi Aa I PLOW • HUIID CIIIIK .-.... ... ......., VIAii IIAY JUN JUL JUL .. TOTAL 1152 312 712 • 152 0 1,214 1953 113 1528 74 415 0 121 11154 128 " 33 0 0 2215 11155 202 2D 72 50 0 H3 1958 371 302 44 0 0 717 TAIi.ii AVAi Aa I PLOW• HAIIILTGN CIIIIK w... ........... YIM IIAY JUN JUL AUi .. TOTAL 11152 422 1,303 140 11 0 1 .... 11153 no ... 117 70 0 1,273 11154 114 108 11 0 0 121 11155 2'3 441 11' 71 0 171 1951 4415 417 70 0 0 1,012 TAIL.I I AVAi A• I PLOW • CAIIII CIIIIK w... ...... ,_, VIAii IIAY .11111 JUL AUi .. TOTAL 11152 HI 3.170 332 1H 0 , .. 1113 501 2.102 2IO 113 0 3.cMI • 195' 3152 2157 131 • 0 -191515 11515 1,072 271 112 0 2.GIO 19151 ,.020 1,210 111 0 0 UII 0 ...... • • ,,. - 0 I• • -~ TAILE 7 AVAIi.AiLE FLOW • LITTLE CAIIIW CREEK CV..._ In Acn-FNt) VIAR MAY JUN JUL AUG -TOTAL 1952 153 313 25 18 0 509 1953 80 208 30 18 0 331 1954 51 25 5 4 0 IO 1955 88 101 29 20 0 243 1956 112 118 18 0 0 218 :1 TAILE 8 STRAWBERRY CREEK FLOWS AVAIi.AiLE TO VAIL DITCH cv--In Acn-FNt) YEAR MAY JUN JUL AUG -TOTAL 1952 441 9H 98 0 0 1,135 1953 150 1N 0 0 0 3'I 1954 15 0 0 0 0 II 1955 137 0 0 0 0 137 1958 847 0 0 0 0 847 TAILE I VAIL DITCH IIEQUIIIEMENT cv ..... In Acn-FNt) VIAii MAY JUN JUL AUG 11P TOTAL 1952 328 1,407 737 328 415 3.215 1953 328 1,407 737 328 415 3,215 1954 328 1,407 737 328 415 3.21!5 1955 328 1,407 737 328 4115 3,2115 I . . 1951 328 1,407 737 328 4115 3,2115 0 -··· • .... • 0 • .. TMLI 10· ,, HUIID DITCH IIEGUIIIIMENT CV..._ In ACM,-, VEAR MAY JUN JUL "AUG 11P TOTAL 1952 0 IO 112 IO 0 342 1953 0 44 78 112 0 234 19!54 0 134 124 51 0 314 1955 0 11 124 18 0 208 195& 0 IO 100 0 0 190 - TMLI 11 AXIL DITCH IIEQUIIIEMENT cv--In ACN-PNI) VEAR MAY .... JUL AUG .. TOTAL 1152 0 38 .. 38 0 138 1153 0 18 32 48 0 N 19!54 0 II IO 24 0 130 1955 0 I IO 28 0 84 1956 0 31 42 0 0 .. TMLI 12 DIAIIOND-T DITCH IIIGIIRIIIINT cv--In Aal9 .... , • VEAR MAY .... JUL AUG .. TOTAL 1952 0 .. 118 .. 0 290 1953 0 48 14 120 0 212 ., 19!54 0 71 .. 30 0 342 1955 0 18 132 72 0 284 I . . 1151 0 48 108 14 0 218 0 • • •. . , . • TARI 13 a fUU.!IITON-KLEIN DITCH IIEQUIIIIMENT CValuea In Acn-FNtl VIAR MAY JUN JUL AUG 11P TOTAL 1952 32 58 32 0 0 120 1953 0 18 28 40 0 14 115, 0 41 0 20 0 .. 1955 0 I 44 2, 0 7' 19!58 0 32 31 11 0 H TARI 14 HAIITIHOIIN DITCH REQUIREMENT CV ..... In Acn-FNtl VIAR MAY JUN JUL AUG 11P TOTAL 1952 0 30 52 30 0 112 1953 0 1, 28 31 0 71 1914 0 44 40 11 0 102 1955 0 I 40 22 0 .. 1958 0 30 34 0 0 14 TARI 11 FULLERTON NOS. 2 • 3. GIIANITI, • CAIIN CIIIEK DITCH IIICWIIIMINT CV1luea In Aore-PNII VIAR MAY JUN JUL AUG .. TOTAL 1952 0 11, 204 11, 0 432 1953 0 58 100 140 0 2H 1914 0 170 114 70 0 314 1955 0 20 114 14 0 281 I . . 1951 0 11, 128 0 0 242 0 -··· • • l • . ) • TAIILE 11 TOTAL CAIIIN-MEADOW CREEK SYSTEM YIELD • All PARTES IV .... In Acre-FNII -MAY JIii M. AUii .. OCT TOTAL ( INI Dnct ...... 2,121 0 0 213 0 0 1.171 ............. 0 0 0 , .... , 1,480 , .... 4,480 ............ &al-.. 0 1,170 111 0 0 0 4,0II TOTAL 2.t2t 1,170 Ill 1,704 1,480 , .... 11,714 .... OIINI ....... l,N7 IOO 419 Ill 0 0 l,Ol7 ............. 0 0 211 1,4H 807 0 2,171 ........... bcllmlta 0 1,070 0 0 0 0 1,070 TOTAL , ... 1 1,170 700 1,814 I07 0 1,171 IN4 OIINI ....... 1,112 ., 0 0 0 0 2,IH ............. 0 0 0 0 0 0 0 ................ 0 ~ 0 0 . 0 0 0 0 TOTAL 1,112 ., 0 0 0 0 I.Ill r I 0 • , .. OIINI ....... 2,272 2,NO -219 0 0 . .... ............. 0 0 '·"' 0 0 0 , .. ,,. ................. 0 0 0 0 0 0 0 TOTAL 2,272 I.NO , .... 219 0 0 ..... ~ ... .......... 1,011 0 170 0 0 0 1,1H ............. 0 0 l,IIO , ... IOI 0 1,171 ................ 0 I.Ill 0 0 0 0 2.11, TOTM. 1.011 I.Ill 1,IOO, , ... IOI 0 l,OII AWIIMI .......... 2,111 NI 197 121 0 0 1,122 ........... 0 0 ... .. .., 110 2,112 ................ 0 1,114 IOI 0 0 0 l,H7 TOTM. I.Ill a.-... 1.020 ... 110 1,111 • ~ ...... ... :;-: ... • ~ • \ 0 • - - ~ I 1. i § I ... .. • e ... ... N tii ... .. i ~ 0 8 0 0 O 0 0 I 0 0 0 0 O 0 e I I C 0 0 0 0 .. 11 ! 0 0 ii• 0 ~ii 0 0 0 0 0 • I I 0 l -. o I = ;j - " I i l . N • i ! .. ~ ~ -N ... ... - I N ... i I I I I I ----C I I -I ~ • .... j J I I J 1 J I .I I I I • 0 • '· •• ,,, . • ,. 0 • ' .. I •· • 0 ...... • 00 o .... .... --.... <. 00000 0 ii 0 i -o-o-! ~ ~ • 0 ,~ • 00000 00000 00000 00000 .. o .. " " 00000 00000 00000 00000 00000 •o•o• •o• ---.... ... -: ~ ~ .. .. .. .. .. • ..... ,, - . . ·- • I • I I . • 0 • ' . • 0 <• ·, • i • 0 0 i N = II • - 1-.. ! 0 0 0 0 ! el 8 •. - jl I 0 0 0 0 2 a >I • C IC ii ,HI ! .. 0 0 ! o I .. N N i'i· .. !cf • 0 0 0 .. N ,- 1=t ~ ! ~ 1• 11 • 0 0 0 0 0 0 31 i i 0 0 0 0 0 0 I . . • I i ! i ! I I l ,1 .I I ,u • • • I l:i • I 0 • .... • STRUCTURE Gerv-No . 1 Ditch Gerven1 No . 2 Ditch Lost Creek Ditch Gerv9M No . 2 Ditch John Shore Ditch I .W. F'oelcl Mule Creek No. 1 Ditch John Shore No. 1 Ditch luncher Ditch I .W. Field Mule CrHk No . 2 Ditch F .A . Field Ditch Scholl Ditch WlHiem1 Ditch Skvterk Rnervoir McCandli11 Ditch Nonh Skylark Ditch South Skylark Ditch ...., .. , ... ,.., • • 0 • IXHllrT F KYLAJII( RANCH WATIII IIIGHTS APPROPRIATION DATE ADJUDICATION DATE WATIII IIIGHTS ON LOST CMllt 01-02-1902 Ol-03-1111 01·30·11<M 08-03-1111 01·11-1108 08-03-1111 01·30·19°' 03·11-1118 WATIII IIIGHTS ON MUI.I Clllllt 10-01-1111 08-03·1111 Ol-31-1111 Ol-o3·1111 08-30-1110 08-03·1111 12-31-1117 08-03-1111 07·15·1IOI 08-03·1111 20871.111,5 20l71.1HH 21"3.00000 2Ml'.11H8 20878.14154 20811.1,311 20871.1'711 20878.17132 21380.00000 WATIII IICIHTS ON KVI.AM CIIIIIC 05·15·1111 08-03-1808 1'380.00000 12-01-1187 08-03-1111 20871.138'1 05-20-1181 08-03-1111 20871.1'°20 12-31-1803 Ol-o3·1111 20878.11722 07-21•1117 07-12-1111 2'88'.2'871 Ol-01-1113 10-21-1111 M241 .23112 Ol-01-18'1 10-21-1111 31372.00000 ,...1ot2 DECREED AMOUNT 2.000 cf1 1 .375 cfl 1.000 cfl 1.121 cfl 2.5 eta 2.1 eta 2.0 eta 2.1 eta 1.0 eta 3.21 eta 1.IO eta 3.00 eta 12.23 AF 1.IO eta 3.00 eta 1.IO eta •. .. I • • 0 • .. • . • • '· WATIII IIICIHTI ON MTT\I CIIBK ~"Ditch 08-30-1119 Ol.03·1111 20871.1,111 1.121 di ~·3Dltch 07-30-1111 CJl.03· 1111 20871.1'511 1.121dl ~·2Dltch 07,01-11tO CJl.03· 1111 20871.1,112 1.2IO di ~·1 Ditch 07-31-1lt0 Ol.o3·1111 -20871.1'822 1.2IO cfa .... 1 Ditch Ol•20-1111 °"°3-1111 20871.1778' 2,000 cfa ._ •2613Dltch 0.-20-1IOI CJl.03·1111 2129'.00000 2.000cfa ..... 1 Ditch 12•31-1IOI Ol-11-1117 Ul17.20'53 • IOO .. ..,.,,2Dltch 12-31-1113 Ol-11-1117 Ul17.U371 .IOO ..... 3Dltch 12·31-1113 Ol-11-1117 Ul17.23371 .IOO leuhler ., Ditch 12·31-1113 Ol-11-1117 Ul17.23371 .IOO I. • -·-· 0 I STRUCTURE Gervens No. 1 Ditch 0erv-No. 2 Dit,ch Lost Crffll Ditch Gerven1 No . 2 Ditch John Shore Ditch I.W. Field Mule C,wk No. 1 Ditch John Shore No. 1 Ditch luncher Ditch I.W. Field Mule CrNk No. 2 Ditch F .A. Field Ditch • Scholl Ditch Williem, Ditch Skylark R ... rvoir McCandli11 Ditch Nont, Skylatk Ditch South Skylark Ditch • • 0 • IXH181T F AYUUUt IIANCH WATIII NGHTI A~TION DATE ADJUDICATION DATE WATIII IIIGHTI ON LOIT CR&lt Ol-02-1102 Ol-03-1111 Ol-30-1104 01-03-1111 01-11-1101 Ol-03-1111 01-30-1104 03-11-1111 WATIII IIIGHTI ON MUU CR&lt 10-01-1111 01-03-1111 01-31-1111 Ol-o3-1111 Ol-30-1190 Ol-03-1111 12-31-1117 Ol-o3-1111 07-15-1901 Ol-o3-1111 20871.11141 20871.11111 21443.00000 23414.11111 20871.14114 20871.14311 20l71.14711 20871.17132 21310.00000 WATIII IIIGHTI ON UYLAM CR&lt 01-15-1111 08-03-1IOI 14380.00000 12-01-1117 Ol-03-1111 20l71.13141 01-20-1111 Ol-03-1111 20l71.14020 12-31-1103 Ol-03-1111 20l71.11722 07-21-1117 07-12-1111 24914.24171 Ol.()1-1113 10-21-1111 34241.23112 Ol-01 . , 141 1().21-1111 31372.00000 ,... , of2 ;- • DECREED AMOUNT 2.000 eta 1.371 eta 1.000 cfs 1.125 cfs 2.1 cfl 2.1 cfs 2.0 cfa 2.1 cfs , .o cfa 3.21 eta 1.10 cfa 3.00 cfa 12.23 AF 1.10 cfa 3.00 cfs 1.10 cfa •. I • • 0 • • • (, WATIII INNTI ON IATTLI Cllall l.lnlhOlen " Ditdl Ol-30-1111 Ql.03-1111 LangllCllen •3 Ditdl 07-30,,1111 Ql.03-1111 LangllCllen • 2 Ditdl 0741-1190 Ql.03-1111 LangllCllen • , Ditdl 07-31-1IIO Ol-43•1111 ., Slior. • , Ditdl Ol-20-1111 Ol-43-1111 Shen S2 • S3 Ditdl CM-20·1IOI Ol-43·1111 ....... , Ditdl 12•31-1IOI Ol-11-1117 ...... UDltdl II 12·31-1113 Ol-11-1117 leuhler • 3 Ditdl 12·31-1113 Ol-11-1117 leuhler .. Dltdl 12-31-1113 Ol-11-1117 • .............. 20'71.1'111 JDl71.1'i11 JDl71.1'712 20'71.14122 JDl71.1ffM 11114.00000 21117.IOQ3 21117.23371 21117.23371 21117.23371 1.121 c:fl 1.121 c:fa 1.2IO c:fa 1.2IO c:fl 2.000 c:fa 2.CIOO c:fl • IOO .IOO .IOO .IOO ' . .. I . . 0 • • . • • .. ]~ allllDD ... l. -·----·---&.-----------........ _____ ------------- MIIIMIIIAaMI&- ,, lllllliWAII. .... .,..._._ ........... ens • -• a •• • -·••' -..ndaa el ._ ....... aa1Kal9 .......... ,... .... aiau .... . ... a mull. CDlon*t NW •a.., .......... . ...... ., ....... ...... ., 'la ...... 1111.111 _. ..._ wlllllta. -u.n---..................... ~!ma ... ,.......~ • .... u., _. ... 1au7 .. ens-llnala ~ . . ......... .._ .. CU-.. ,,...__......,, T C •• -, . ,-1; Ollioit ... H, -.U,., Ce111WDs IMJl a..,11 a-ena1l ..... ., -'••• . ................... -.... Clial!'" ..... . ..... .,a.a.. •• .. al&,,.._.••,.._ laa •• la tllo Na& P::• 4D •--_. a\kwlUw w11111•• 111131 -.a1 un•a niiiv .. :-&.._ U. Cl*ill -•Sc Cnok W Ula M_._, leel.wt•,. W& ua&IN W, a p.-lllf .. Wld.e ..._ e;iL-1 el .._ Inert.or ~ CDl.or ... -aai ..._ tW , w _..., _. •Cl'l1Llred tna a,sl-ea ~ -. w --&a IIISl&ltU •&•, at:t.aclllat _. f • .,.... , ....... _._ ..,-•• _. -.z-t:o IIO __.J' Ula ..... _. _.uaa of Illa •ltll~f- _., -r ,....ny Ula lllllllwf • ..._ el -'-..,._ ... Nt: flDna &a t:lle ....... ,. dtltt:=, ..... OtlH ... -1&1 ..._ ouus, • _..., .. ..afltal I ,--t: ......._ la aai, aMitlNa t:o t:a. rt.tllt;~ lllall ,-a to lfle tnnW • aftu- ~ uu.. ma ...... • alNnlfw of._ d.tllt;-'-Q • tile tam ... oalldaa -=11..rdo ....... alldl ..... willlan Ille .,ca-wn.._ -t: • ~ ... ._ ..-ur, au..._ at • Nall _ .. ,,..II' vi Ila -,. IIO am U-&Ill CWWWW 1!W 11118 -· ............... ATBaT, . .. cnr fli 'La.... Ill · f&cn11t, a. m.u. cu. a.. II -+ ,. --· sq:a nn•meADD .. }IL C-,lf~ TIii ...... ...__ IL I a ......... . .. . It . -~ ...... ~-.... -= ... a...uMa &. llllla, .. Cicy C ft ef Ula Cl'ft • alllll. · .., ............. •• . ...... ., ................ I • • -----· -- 0 ...... ____ ... ---------• -- • • 'a2 x l • • • ,~ • (. -·-------··-----------....... _____ -------------............ -. .................. _'11111&· .. Clft -w,aa1, a -•..-1 -..-•••• et 1M · IAta OI Cltlos• ................... Uni .... ... a--,, 0.lH... HUI •c:i..,tf ...... ...... ., c.ioneo ..... . ·., .. WMIII 1111.111 _. ..,._ ....... ,. -u.nu.. ........ ....,= ........ • cnr -Clllllff • -· .-.... ~ _. ...._...,.. --= Ill . ................. I.IN ... UUi ._ -. Clth ..... , ... CiC, _. c..,.r .._r _ _.._., oelant. a.a.., ...... 110 .... uw ua euuw • 911 -· ................ -· . ., ;. cnr•·-a• JL'u111a a. www. ti4' aaa -•me,ao. ,.. ............ _ l 9 t ......... ,ZQ& .., " ·" n.. ~ ..... ;•= ... ~a. nue, • c,~, cluk •I Ille cnr • ~a. . ..,_..... ..... ·" .-. .................. ---· ....... _____ -----~---·--• -- ...... • . ., I • • 0 'J2 x l • ( . • :;-::- ~ l, • • ) t1r 1 , 1:111 r1 1 , iJ''!Jl~ I l·J'li 11~·1·: 1r1; I , 1 , , , •. , , 1 ,. i 1 , , l ·a.· .... l l r pf ~:11 It!·! Jir. r~tf!ifl ·irii 1fl1 ~~? iB !!Jl iffli Rjf; llfilflJ !(J!f JrJr Rfli SI rfi! flf!J 1 ;~( fi}ilf~f lfrff Jfli JI! Ii ,;1·: 1,~111 ~,11 ili111lt l,1,1 1} -lt11 1: ri 1• rn, r !A • ' ..... ,,11 ·It. I l I t 1 H ••11 Utf r ur ft f ,. i 1111 ,n1 ,· li 'i it i'f• iiftt 11r; 1 .. n. !11 _rn 1,1.: · • 8 • I 0 : r1ii !·11 1 i·i ! ,l,f 1f1Jf rJ, I rf!_ · 1~ ,J :,1 i 1'1f lrJ P1·,,r~l'f-~~1. i''I 11'} ··: K sf •1t ~ .fr t ~ ,~ ' • " • • D C Iii a, ID UI l,) UI IO "" ~ 0 3 3 J> ~ ~ z J> z t:I C 0 0 t:I 7.. n ~ 0 "' z Iii r "' E: 0 0 t:I 11 I • "' • • N r I O . • ' ' ;; " I • 0 • • • tll 'HHhj • ,. - t• . . . I . . 0 • I I •u• I 'IS 1•111 ,~o" "--TIN •ND WOOD,INC. TO INl~IWOOD .... , .• ,, 0 !I II " .. II "I IHII " 11111 I I 11 I • • • • ·• Uif ru,s tf!ilU 111 HUii h1 · ,f1·u I '1 1 lf ltl'Jl 1h UJU 'I' t:11•1 I f 11 I I f,I JI) I ; ... .. , f lliH•fHlf (! If[ IH ! 11 I 11. 11Htllillid r1 .,., f ,I u I I •' ft ·U[r 1 f I ,. I ., I i• . • Ii n 11 11 ,, II I I ··It t t fl .. I In ~ ll I I '•r I I Jfil}iU J(U!! Jll!I r I 'tiJlll ':n ; I I , 1ft •,,;ft l,,, r I f ii' ,11 r'' t .. Jh 'uif rff 11 I "' I fi u If ,1 r r ' t t • ., & I I I I I I I ti u r I r r f t ( r t I I • ', • ~/ 0 • -,, • ' ' 0 I• • ,- .....-----,.-_,,....--...------ 1 It I l ii, I I lh I I u ,.......,___----+---+-----+----+-----t I ) I I I I n · 1 I I I I I I · ,lhhhh !I h I t t I I I l I I l I l I I I I I n n n n n • I i '1 1 1· 'Id .,u l 11,t I 1 1 !. I f 5f t1 i.jJhi1 1 t 1l·1f 1 I 11 1 11 11 ~ •• I , 11 1 ( I I i n1 litl lliilUH i IU1 1 1 J1J !I ii 1,1ftf 111 IIJJ11 i•· If J lfijljlfl litl -1 111, II itl lililililt liiill . . • I . . I •1 ·1· I, I I !• !I, .liu 11 t 0 Ii .. • ' • ,. - • • • ; . . t t 1 l I I I ii n t t ) l I I n !I t t I 1 I I I I u !I t t I I 1 I I I !I !I • I tJ,tl 'I I f11ff ••lj •,••11 I• Ith I lillh Ii hun 1if 1tl l,t IUI I id .. I • • . . I· • 0 • ..... '32xl • • • .... COUNCIL COMMUNICATION Date Agendalllm ,I lubject August 21, 1995 El ,glNOOd -Derw -Cyprus 10 I iv s.a.m.t AgrNment on the. Clbin MHix,w CrNk Svstem lnltlatad By I lllllfloun:e Water and Sewer Board Stewart Fonda RECOMMENDED ACTION Council approval by ordinance of the attached settlement agreement by and between the Denver Water Department, the City of Englewood and Cyprus Climax Metals Company . PREVIOUS COUNCIL ACTION Denver -Englewood Wat.er Exctw,ge AgrNrnent dated Mardi 17, 1984 and Denver, Englewood, Cyprus AgrNment dated September 2, 1969. BACKGROUND, ANALYSIS, AND AL TIRNATIVD IDENTFED See attachments 2 and 3. LIST OF ATTACHMENTS 1. Settlement agreements 2. High points of the Englewood -Denver -Cyprus AgrNment on the Englewood cabin- Meadow CrHk System 3. Outline of Englewood -Denver -Cyprus AgrNmlnt . . I . . 0 '32xl • • ORDINANCE NO . _ SERIES OF 1995 <. • 0 • BY AUTHORITY A BILL FOR , . COUNCit. BILL NO. 66 INTRODUCEDBYCOUNCIL ~MBER_~~~~- AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL SETl'LEMENT AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, CITY AND COUNTY OF DENVER, COLORADO AND CYPRUS CLIMAX METALS COMPANY PERTAINING TO WATER RIGHTS. WHEREAS, the City of Englewood owns water rights decreed in CA 657 and Case No . W-750-78 c·Cabin-Meadow Creek Water Rights") which divert from tributaries of the Fraser River in Water Division Number 5 for municipal UM; and WHEREAS, Denver owns and operates a water collection system which diverts water under its water rights from the Fraser and Williams Fork River basins for municipal use; and WHEREAS, Cyprus, through its wholly-owned subsidiary, Climu Molybedenum Company, owns and operates the Henderson Ore Reduction Plant c·Hendenon Mill·) located in the Williams Fork valley, which proceaM1 ore from the Henderson Mine; and WHEREAS, Cyprus needs a firm water supply to insure its ability to p...a ore at maximum prouuction capacity during periods of drought; and WHEREAS, Denver and Enclewoocl entered into a Water Exchanp Acnement dated March 17, 1964 c•19&4 Water Exchanp ""'"ment"), and Denver, Enclewood and Cyprus entered into a Modification of the Water Exchance Apeement dated September 2, 1969 c·1969 Modificauon•); and WHEREAS, under the •1964 Water Exchanp Acreement• and the •1!Hl9 Modification• Denver carries Cabin-Meadow Creek SyRem water throu,ti ita water system and delivers, by trade or exchanp, -ter to Enclewood on the Sou&h Plaut River for municipal use within the Englewood Service Area, and also operates ill Williams Fork System to provide water to Cyprus on the Williama Fork River for use in the Henderson Mill ; and WHEREAS, Englewood, Cyprus and Denver agreed to share the yield of water produced by the Cabin-Meadow Creek Water Rights; and WHEREAS, Englewood and Cyprus entered into an a,nement dated September 25, 1969, as amended on September 26, 1969, whereby Enclewood and Cyprus..,_ to jointly develop the Cabin-Meadow CrHk Water Ripts and to share all eoa&I connected with the development, operation and maintenance of the Cabin-Meadow Creek System; and • I • ..... •. ... I • • 0 ,. -• • I• • • COUNCIL COMMUNICATION Date Agenda Item -· Subject August 21, 1995 10 a V City DitchlHighline Canal Agreement With Denver Water=-u, ...... Initiated By I ·· Staff Source Water and Sewer Board Stewart Fonda RECOMMENDED ACTION Council approval by ordinance of the attached City Ditch/Highline Canal Agreement with the Denver Water Department . COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Replace agreement with the Denver Water Department dated November 1, 1978 with the rww proposal. BACKGROUND, ANALYSIS, AND AL TERNATIVEI IDENTFIED This is an extension of the previous agreement that incorparates the cha iges lilted on attachment 2 . It is a condition cl the Denver WatfK Department that this agiNment be executed simultaneously with the Englewood-Denver-Cyprus Agreement on the Englewood Cabin-Meadow Creek System . UST OF ATTACHMENTS 1. City Ditch/Highline Canal Al,leement 2 . Outline of City Ditch Highline C.,.I Agreement ..... . ' .. I . . 0 , • ORDINANCE NO . _ SERIES OF 1995 • • - BY AUTHORITY ABILL FOR I• COUNCIL BILL NO. 55 INTRODUCED BY COUNCIL MEMBER ______ _ AN ORDINANCE AUTHORIZING AN INTERGOVERNMENTAL AGREEMENT ENTITLED CITY DITCH/HIGH UNE CANAL AGREEMENT BETWEEN THE CITY OF ENGLEWOOD, COLORADO, AND THE CITY AND COUNTY OF DENVER, COLORADO . WHEREAS, Englewood and Denver wish to arrange for delivery of water to each of them from a ditch owned by the other; and WHEREAS , Englewood desires deliveries from the High Line Canal and Denver desires deliveries from the City Ditch; and WHEREAS, the High Line Canal ("High Line•) ia owned and operated by Denver; and WHEREAS, an outlet from the High Line is used by Enclewood to supply water to McLellan Reservoir; and WHEREAS, EncJewood owns and operates the City Ditch from Chatfield Reservoir north to Harvard Gulch blow-off; and WHEREAS, Denver owns the City Ditch from Harvard Gulch north to its terminus; arid WHEREAS, Enclewood uses City Ditch to convey water for Enclewood's use to McLellan Reservoir and Allen Filter Plant and also to supply various contract usen who divert from City Ditch south of Harvard Gulch; and WHEREAS, Denver uses deliveries from City Ditch to supply water to parka and to contract users below Harvard Gulch; and WHEREAS , Denver's richts to deliveries from City Ditch at Harvard Guieb and Enrlewood's ri(hu to deliveries from the High Line an contained in a series ol contracts, but are due to expire on November 1, 1998; and WHEREAS, Denver and Enclewood desire to extend the term of their respective ri(hu to deliveries from City Ditch and the High Line Canal; and WHEREAS, aft.er review by the Enrlewood Water and Sewer Board at their Aucuat 8, 1995 meetinr, the Enrlewood Water and s.-r Board recommends approval; • I • ,. - • . I • • 0 '32xl - • . " • <. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOU.OWS: $cc;tign 1. The " City Dit.eblH.ich Line Canal ~ent• betwWI the City a £nclewood and the City and C-ty af Dlnver is benby wpt.ed and app1uu..d bJ the Enpwood City Council. The Mayor is audloriNd to eucut.e and the City a.IE ID attest and aeal the A,reement for and on bebaJf • the City af Eqlewooll. c.landD. - $cc;tign 2. The "Settlement A,reement" is attached u "Exhibit A·. Introduced, read in full, and puled on first readinc on the 21st day• Auplt, 199S. Published u a Bill for an Ordinance on the 24th day • Auplt, 1996. Thomas J . Bumi, Mayor ATTEST : Loucrilhia A. Ellis, City Clerk I, Loucri1hia A. Elli1, City Clerk • the City • Enpwood. Colorado, benby eertify that the above and forepinc ii a true copy • a Bill for• Onliaam, ........, read in f\all, and passed on ftnt rNdinc on the 21st day • Aupl&. 1111. -2- • I •. .. I . . 0 'a2xl • • • • 0 - 01/01 /15 07 :55 1t303 us 1'71 DENVER WA'IEt LCL EXHIBIT A CIT'l DITCll/aIGB I.DIE CaDL AAGPGillial-l'l'i .., (iOOZ /OlZ THIS AGREEMENT is made and entered into as of the day of , 1995, by and between the City and County of Denver~cting by ind through its Board of Water Commissioners, 4 municipal corporation of the State of Colorado ("Denver"), and the City of Enqlewood, a municipal corporation cf the State of Colorado (•Englewood•). A. Englewood and Denver wish to arrange for delivery of water to each of them from a ditch owned by the other. Englewood desires deliveries from the High Line Canal, and Denver deaires deliveries from the City Ditch. B. The High Line Canal (•High Line") is owned and operated by Denver. An outlet from the High Line is used by Englewood to supply water tc McLellan Reaervoir. c. Englewood owns and operates the City Ditch froa Chatfield Reservoir north to Harvard Gulch blow-off. Denver owns the City Ditch from Harvard Gulch north to its terminus. Englewood uses City Ditch to convey water for Englewood's use to McLellan Reservoir and Allen Filter Plant, and alao to aupply various contract users wbo divert from City Ditch south of Harvard Gulch. I>en••r uaes deliveries from City Ditch to aupply water to parks and to contract uaers below Harvard Gulch. D. Denver's rights to deliveries froa City Ditch at Harvard Gulch and Englewood's rights to deliveries from the High Line are contained in a series of contracts, but are due to expire on November 1, 1998. Denver and Englewood desire to extend the term of their respective rights to deliveries from City Ditch and the High Line. Therefore, the parties have agreed as follows: 1. ua LDS c:uaL 1.1 Deliveries to En9lewood. Whenever Denver is running water in the High Line at least as far as the turnout to NcLellan Reservoir, Denver shall divert at the High Line diversion dam not less than 5 cubic feet per second (cfs) and up to 60 cfs of Englewood's water. Englewood shall detei.tne the amount of its water to be diverted, up to a maximum of 60 cfs. Denver shall continue to operate the High Line fer deliveries to contract users north of McLellan Reservoir under the 1879 High Line priority. 1.2 Notice. Denver shall give Englewood reasonable ad,rance notice of the tl.Jlle when Denver will begin running water through the • I· • 0 , r l~J • • 0 • -01/01115 07 :58 1tJU 821 1471 DENVER WAn:R LCL IIOOJ/OU High Line. When Denver notifies Englewood that water is running in the High Line, Englewood shall give Denver 48 hours advance notice of the amount of its water to be diverted, including rate and duration of flow. Denver shall make all reasonable and practical efforts to comply with Englewood's directions concerning coamenceaent tiae, rate and duration of flow . Denver has the right to terminate diveraiona of Englewood's water, so long as all diversions of water into the High Line are terminated at the saae tiJllle. 1.3 Measurement and Ditch Loss. Englewood shall bear a ditch loss of 16 per cent (ltill of Its water, diverted at the Hi9h Line diversion dall, as measured at the gage adjacent to Platte canyon Reservoir, for delivery to McLellan Reservoir. Tb• deliveries of Englewood's water will be measured at the gage on Dad Clark Gulch between the High Line and McLellan Reservoir. For example, if 60 cfs is diverted for Englewood at the diversion dam, 50.4 cfs shall be delivered through the Dad Clark gage. In the eYeDt that any improvements are made to the High Line which decrease its seepage losses, the amount of ditch loss which Englewood must bear shall be appropriately reduced. 1.4 Naiver by Denver of Ditch losses. Notwithstanding paragraph 1.3, Denver shill, to the extent legallr penai.aaible, waive the 161 carriage loss when Denver is carrying Eng ewood's water in the Hiqb Line along with water diverted by the High Line 1879 priority; provided that, Denver is not prohil:>ited, for reasons beyond its control, from constructing the improvements proposed in paragraph 2.1.2. Englewood shall continue to bear the 161 carriage loH whenever Denver is not diverting under the 1979 High Line priority (i.e. the Antero Contract Run). llbenenr the 161 carriac,e loss ia waived, Denver's aaxiaml diversion and delivery rate for EnglellOOd shall be reduced frca 60 cfa to SO cfa. 1.5 Nater Quality. Denver ukes no warranty as to the quality of the water del~vered to Englewood, and Englewood will accept aame •as is". l. 6 Maintenance Responsibility. Denver shall operate and maintain the Riqh tine for delivery of Englewood's water to McLellan Reservoir. Englewood shall pay a proportionate share of operation and maintenance costs as described in paragraph 1.7. Enqlewood shall aaint•in the present me•aurinq flume at the KcLellan Reaervoir turnout, at Englewood's aole expense. 1.6.l Shut-off of deliveries. Denver shall perfora any maintenance work requiring e1tner a complete or partial abut-off of deliveries in the High Line with the utaoat expediency to minimize water lo••••· Except in ... r9ency situations, Denver shall notify Englewood of all complete or partial shutoff at least 48 hours in advance. · · 1.6.2 Annual Inspection. Representative, of Englewood and 2 . -• ..... I . • 0 I I (:,.' '32 x l ] • • • • • • 01/01115 07 :57 1t303 IZI 1471 Dlll'IYER WA'l'ER I.CL Denver will perform annual joint inapections of the High Line to determine maintenance work required to continue to deliver the rates of flow set forth above. The inspection of the High Line will be limited to the reach between the South Platte River diversion dam and the McLellan Reservoir turnout. The annual inapection shall be made so that all required maintenance work will be completed, to the extent practical, prior to April 1 . 1.7 Enqlewood's Share of Blgh Line Expenses . Englewood shall pay a proportional shire of the ard•s annual Hlgb Line administration, operation and maintenance expenses(including depreciation) on that portion of the canal frCIIII and including the Bi9h Line diversion dam to KcLellan Reservoir (a distance of 16 ailes, more or less). Denver will not charge Englewood for High Line capital costs, defined as the conatruction of new physical structures or improvements to existing structures that will have a useful life of five years or more(except for depreciation which shall be included in operation and maintenance expenses and calculated under generally accepted accounting procedures consistently applied). Englewood's proportional share of those costs shall be baaed on the ratio of the volume of water diverted for Englewood at the Rigb Line diversion du to the total amount of water diverted by the Hi9h Line from the South Platte River. 1.7.1 Calculation. The computation of EncJlewood's share of costs shall be in accordance with the following fo~la: C& • (16/63.6) x C. x (Qs/Qa). lfbere: 16 63.6 • - - c. LenC]th of the Rigb Line ill ailH from the High Line diversion daa to the turnout for McLellan Reservoir on Dad Clark Gulch. Len9th of High Line in ailes froa High Line diversion daa to its terainus at the Rocky Mountain Arsenal turnout. Thia distance .. y change in the future depending on Denver's operationa. Total annual High Line diversion, in acre-feet as measured at the gage adjacent to Platte Canyon . Reservoir • Total annual &110unt of Englewood water diverted or delivered into the High Line, in acre-f .. t, as measured at the .gage adjacent to Platte canyon Reservoir. The Board's total annual coats for 3 ,. - • . I . • 0 • • 0 • 01101,111 07:51 9'303 IZI 1471 IIOOI/OU Cl: - administration, operation and maintenance of the High Line (baaed upon actual miles operated by Denver). En9lewood's proportional share of annual High Line coats. II. cm DffCI . 2.1 Deliveries to Denver. 2.1.1 Basic Delivery. Durin9 the period of April 1 through 6ctober 31, 1ncluaive, ED9lewood shall deli'ftr to Denftr through the City Ditch at Denver's requeat up to 10 cfa of water at Harvard Gulch (measured at the Washington Part fluae> c•Baa1c Deli very•) . 2.1.2 Enlaraement of Basic Delivery. Upon replac...nt by Denver of approxlJD&tely 100 lineal feet of 36 inch diwter corrugated metal pipe conveying City Ditch water between the street and alleyway adjacent to the re•idence at 3018 s. Grant Street, En9lewood, En9lewood shall deliver, at Denver's reque•t, up to 13 cfa to Harvard Gulch, but no sooner than April 1, 1997. Denver shall also be responsible for improveaanta,if any,·to the City Ditch north of and inelwlinq IIUlpden Avenue to enable the delivery of 13 cf• to Harvard Gulch. En9lewood shall be responsible for any maintenance activities nec•••ary to con'fty the l3 cfa to Harvard Gulch. All surveys, en9ineerin9 and other studies, and con•truction in connection with any iaprovementa shall be perfomed at Denver's sole expense. ED9lewood aball cooperate fully in allowin9 any necessary inve•tigationa and construction. No such construction, however, shall be perfozwed without the prior written consent of En9lewood, which •ball not be unrea•onably withheld. Denver shall ccaply with Englewood'• reasonable design standards or criteria in aating th••• iJlproveaenta. After aatiafactorr coapletion of such replacement and iJllprovementa, En9lewood shal deliver 13 cfa to Denver at Harvard Gulch, froa Aprill tbrou9h OCtober 31 of each year. Denver will allow En9lewood until Aprill 1997 to perfora maintenance activities(includin9 the removal of silt or debris) necessary to deliver the 13 cfa. 2.1.3 Location of Other Deliveries. Denver may require Englewood to deliver, through the C1ty bitch, any portion of the 13 cfs otherwise deliverable at Harvard Gulch to any exiating delivery structure or structures south of Harvard Gulch for irrigation of parka, open apace, and 9olf courses of Denver or its customers. Such deliveries shall be in addition to the deliveries which Englewood is already required to .. te to existing contract uaera •outh of Harvard Gulch. If Denver wishes to utilize new delivery structures, Denver shall pay to 4 0 I. • 0 - • • • 0 • 01/01 /15 07 :51 1t303 1%1 1471 IIOOI /OlZ Englewood the full co•t of the construction of the new delivery structures. Englewood shall perform the construction durin9 periods when no interruption of flow will be neces•ary. 2.1.4 Interruption of Deliveries. In •eaer9ency situations,• Englewood may temporarily reduce or elimi~te the deliveries of 10 cfs or 13 cfs pursuant to paragraph 2.1.1 or 2.1.2, respectively to Denver at Harvard Gulch (or south), ao aa to increase the flow in City Ditch available for diver•ion into Englewood's Allen Filter plant. An • ... rgency situ.tion• is defined as a casualty, such as an accident, mechanical breakdown, burst pipe, flood, presence of a haEmful"pollutant which is a threat to the health and safety of Englewood's .residents, earthquake, fire or windstorm, which causes Englewood to be unable to make full use of its points of diveraion from the South Platte River or Bear Creek, other than City Ditch. In the event of an interruption due to an eaergency situ.tion, Englewood shall take all reasonable and practical actions to enable it promptly to resume full deliveries to Harvard Gulch or such other location as Denver may ~esire. If the reduction or elimination of deliveries at Harvard Gulch (the reduction! la•ts for less than 24 hours, Englewood shall not owe Denver any compensation. For an1 period of reduction in excess of 24 hours, Englewood shal pay Denver for the aaount of water not delivered due to the interruption to the extent the interruption lasts more than 24 hours. For exaaple, in event of a interruption that la•ts 30 hours, Englewood would owe Denver for the amount of water not delivered for the lut six hours. Englewood shall pay Denver for aucb water at Denver'• lowest then current Outside City raw water rate when the interruption occurs. 2.1.5 Interruption for Maintenance. En;lewood shall perform any maintenance work requ.i.rlnij either a coaplete or partial shut-off of deliveries in City Ditch with the utaoat expediency to ainiaize water lo••••· Eo9lewood shall, except in emergency situations, notify Denver of all complete or partial shutoff at least 48 hours in advance. 2.1.6 Water Quality. Englewood 11&ltes no warranty u to the quality of the water delivered to Denver, and Denver will accept saae •as is•. 2.2 Englewood's ~•rational Rea~na1b1lity. Englewood shall continue to operate an maintain city itch !rom the Chatfield Reservoir outlet works to the Harvard Gulch blow-off. Englewood •hall provide water to meet Denver's delivery obli;ationa to the present contract users on City Ditch south of Harvard Gulch, but such deliveries shall not be in excess of the contract rights to water which may be diverted under Denver's City Ditch priorities. 2.2.l Annual Inspection. 5 Repreaentativea of Enqlewood •. I· • 0 • • • • 0 I • • 01/0l/15 Ol :00 t,303 IZI 1471 DENVER WA'IU LCL lil007 /OU and Denver will perfor111, annual joint inspections of City Ditch to determine maintenance work required to continue to deliver the rates of flow set forth above. The inspection will be limited to the reach between the valve at the end of the Corps' Chatfield Dam outlet aanifold and piping system and H&rTard Gulch. The annual inspection shall be made so that all required maintenance work will be completed, to the extent practical, prior to April 1. 2.2.2 Littleton Cemetery. Englewood accepts full responsibility for performance of Denver's obligations under that certain agreement between Denver and the Littleton c ... tery Association dated May 13, 1933, attached hereto and -aarked •Exhibit a•, so as to relieve Denver of any liability with respect thereto. Denver has assigned all its rights and obligations under that agreement to Englewood. 2.3 Denver's Operational Responsibilitft. Denver shall continue to operate and maintain city bltc~north of arvard Gulch, and shall maintain the Harvard Gulch blow-off structure at Denver's sole expense. Denver shall be solely responsible for supplying all contract users who divert from City Ditch north of Harvard Gulch from the 10 or 13 cfs to be provided hereunder. Englewood shall have no responsibility for operation or maintenance of City Ditch north of Harvard Gulch. 2.4 Fees Charged to Contract Users. Englewood will be responsible for charging lees to contract U8ers who divert south of Harvard Gulch, including establishing fees, billing, and receiving and retaining payments. Englewood will aaintain normal buainesa facilities and records for such collectiona, and annually advise Denver of payment or non-payment. Denver will set fees, bill, receive and retain payment from contract users wbo divert north of Harvard Gulch. 2.5 Riqht of Reversion or Acguisition. Denver retains the right of reversion as to any contractual ri9ht for which an annual service cbar;e is not paid t,y Nay 21 of any year. Denver also retains the right to acquire any contractual ri9ht in the City Ditch. Except as to those contracts that take water north of ll&rvard Gulch, any such reversion or acquisition shall increase the U10unt of water which Englewood is obli;ated to deliver to Denver: provided that, Denver reimburses Englewood as provided in paragraph 2.6; and provided further, Denver is responsible for any improveaenta to the City Ditch required to convey such water north of the turnout of the contract users which Denver acquires by purchase or reversion. If Denver acquires contract inches which now divert south of Allen Filter Plant for delivery north of the filter plant, then Denver will make such improvements, if necessary, to prevent t~e diainution of the existing capacity (25cfsl to Englewood. 2.6 Denver's Share of City Ditch Expenses . 6 .. • - '· I . • 0 • • • 0 • - 01/01115 01 :01 tt303 IZI 1471 DENVER WAn:R LCL !iOOl/012 2.6.l Reilllbursable Expenses. Denver shall pay a portion of the annual administration, operation, and maintenance expenses (including depreciation) ("City Ditch Costa•) for the City Ditch incurred by Englewood when Englewood delivers water under the City Ditch Water Rights for use by Denver. The City Ditch Water Rights are those rights decreed to the City Ditch (a.k.a., Platte Water Company's Ditch) as evidenced by decree of the District Court of Douglas County, adjudicatin9 water ri9bts in former Water District No. 8, entered on Decellber 10, 1883. The City Ditch Costs shall exclude any and all coats asaociated with the pump station located on the City Ditch which delivers water from the City Ditch to KcLellan Reservoir ('"Nc:Lellan Pulllp Station") and costs associated with any expansion or improvements of the existing turnout from the City Ditch which delivers water to Englewood's Allen Filter Plant. The City Ditch Costs are to be determined by the sum of the following: Al operation expenses from April through October, inclusive, and maintenance expenses that occur througbout the year for that part of the City Ditch north of the McLellan Pump Station multiplied by the ratio of the annual volume of water diverted under the City Ditch Water Rights divided by the total of the annual volume of water diverted under the City Ditch Water Rights plus the annual volume of all other water Englewood may deliver to the Allen Filter Plant north of the McLellan Pullp Station; plus · B) sixty percent (601) of the operation and mAintenance expenses from April through October, inclusive, for the part of the City Ditch south of the McLellan Pump Station; plua Cl sixty percent (6011 of only the maintenance expenaea from November through Karch, inclusive, for ~t part of the City Ditch south of the HcLellan Puap Station. The 601 represents the percentage of the current capacity C58cfs) of the piped portion of the City Ditch between Chatfield outlet manifold and the KcLellan Puap Station that the foaaer open ditch could carry through this reach (35cfa). Denver's portion of the City Ditch Costs shall be determined by taking the City Ditch Costs calculated as described above al1d multiplied by sixty one percent (611). Thia factor shall r ... io constant even after Denver makes illllproveaents to the City Ditch conduit pursu&nt to paragraph 2.1.2. and increases its right to receive water thereby; provided however, that should Denver succeed to the rights of any present contract users south of Harvard Gulch, Denver shall pay six (61 percent of total City Ditch Costs for each one cubic feet per second of water to which Denver succeeds (fractions of a cfs to which Denver succeeds shall be prorated). An example of a calculation of the City Ditch Costs is depicted in Exhibit A. ., • ' I . • 0 '32xl • • • 01/01115 Dl:03 ttsos IZI 1471 (IHI/OU 2.6 .2 ~ital Costs. Enc)lewood ahall not cbazve Denver for City Dit capital costs(except for depreciation which aball be included in operation and aaintUADCe expenau and calculated wider generally accepted accountiJMJ procedure• conaiatently applied!. Capital coats are the coats for conatruc:tion of any new physl.c.l structure or i.Jllpro...anta to exiatin9 structures that will ba,re a ueful life of fiff years or aore. Tile U.S. Anly Corps of En91nNra (Corpal does not pnHDtly cbaqe Englewood for coats associated with the right-of-way for carriage of City Ditch water throUVh the Corps' Cbatfield lleaervoir facilities. Any future coats UNSaed by tbe corps shall be conaidered an operations and uintenance expense wbich can be charged to DenYer under para9taph 2.6.1. 2.7 Nater Riqhts. Inglewood will di,rert on Denver's City Ditch priorities in order to obtain the aaount of water necessary for the deliveries to Denver and to the contract uaers other than Den'Ver or Englewood. Denver shall not contest En9lewood's claia of ownership by contract or otherwise to divert up to 3.21 cf• under the aeliior priority of 30 cfs decreed to City Ditc:h with an appropriation and priority date of Noveaber 28, 1860, aa evidenced by deer" of the District Court of Douvlaa County, adjudicating water ri9'hta in former Nater District 8, entered on December 10, 1883. ED9lewood baa the reversionary ri9ht aa the co-carrier only to its City Ditch contracts up to 3.21 cfs. Denftr does not warrant title to or .the lev&l or physical availability of the 3.21 cf• claimed by EluJlewood. 2.8 UH of IPc•ired.city. To wbate'Ver extent the carryin9 capacity ot the ch ch Ia ~rid for reasons beyond the control of En9lewood and until the ditch can be restored by naaonable diligence, then the delivery rate below the obatruction aball be baaed upon eac~ party'• pro-rata deliveries of City Ditch water under this A.qreeaent. If the iapaired capacity is due to failure to adequately maintain the City Ditch south of llarTard Gulch (nch aa reaoval of silt or reaoval of debris), then Denver'• riCJbta to delivery up to 13 cfs shall be paraaount and EluJl...ood'• rights to its water secondary until the ditcb is restored. 2.9 Use of City Ditch Excess Cmcie. If la.cJl...ood deteminH the City Ditch baa excess capacity, ~en ~,1ewooc1 will deliver Denver's r ... ining City Ditch entitleaent: provided tbat such deliveries do not interfere with Inglewood'• prior obli9ationa or interfere with its(or its leas .. 's) present or future use of the City Ditch. 2.10 Stona Drainage into Citf Ditch. Water in excess of the needs cf the users from the city trEcS l*exc••• water•) will be duaped aa fellows: All excess water introduced or collected in City Ditch south of the turnout into Little Dry Creek will be duaped into Little Dry Creek. Excess water introduced or collected in City Ditch north of the turnout into Little Dry cr .. k will be duaped at the I I . • 0 I • • • ,,,_ • - OI I Ol /15 01 :04 t,3U IZI 1471 111110 1012 Harvard Gulch blow-off into Denver's stona drain&ge syat•. Englewood may not redesign, reconstruct, modify or change City Ditch so as to increase the &1110unt of storm drainage water that pre•ently collects in and is carried by City Ditch between Little Dry creek and Harvard Gulch without the prior written conaent of Denver. Any modification, replacement or reconstruction of the existing dullp facilities or constr1.1ction of new dump facilities at Harvard Gulch shall be performed in accordance with planJ and specifications prepared by an engineer accepted by Englewood and Den,,.r as qualified and coaipetent. · 3.1 Calculation of the Allount o~ses Incurred with Reapect to Cita Ditch and Aiih Line. binver ancl~lewood•s expenses hereun er shall consist of direct labor, materials, equipment, vehicles, and overhead(adll.inistration, tools, benefits and leaves) necessary to perform the activities under this Aqreeaent. Wbateqr type of expenses charged for by one party uy also be cbar;ed by the other. For example, if Denver includes as an adlliniatrative expense · an amount for payroll personnel, Englewood .. , also, but the aaount and methodology should be baaed on the respective expenditures of each party. Each party shall keep reuonAble and consistent records of its hours of direct labor and supervision, material coats, friZ1C)e benefits and other payroll levies and equipment uaa99 upon which its coats are baaed and the methodology used by each party to calculate such charqea. Such recorda shall be kept for at least thrH calendar years beyond the calendar year during vhicb they were illearred. and shall be available for inspection by representati .. a of tbe other party during all reasonable buaines• hours. lacb party's docu•eata which show the method of calculation of coats shall be similarly available for inspection. 3.2 Denver's City Ditch Nater !Uqhta. llothinq herein shall be construed to affect Denver's ownership of its City Ditch -.ter Rights(except as provided in paragraph 2.1). 3.3 Previous AQreements. Thia A;r.-.nt superaedea the Aqre ... nt of tebr1.1ary ti, 1910 and any eeeaclllenta thereto. 3.4 Colorado ww. Tbia Aqreement shall be construed under Colorado law • 3.5 I n te<iration. This A9reeaent const i tute• the entire agreement Ee~ween the pArties. It auper1ede1 any prior a9r..-.nt1 or understandi ngs between ~he parties. 3.6 successors. The riqhts of each party to receive deliveries sball be binding upon the successor. 9 ' • . I . • 0 , 2 I • • - It/ti/IS 11 :tS 1tStJ Ill 1411 a111111z 3. 7 Par;ent. Charge• to each party for adlli.ni1trat1on, operation an ma1ntenance expenaea incurred dur1D9 each calendar year ahall be billed on or before Karch l, of tbe aucceed1n9 year and payment shall be due within thirty (30) days of receipt of b1llin9. 3.8 Charter Provisions. Thia Aqreeaant ia -de Wider and conforaable to prov1aiona of Sect10ll;8 C4.14 tbroWJh C4.3S of the Charter of the City and county of Denftr and the proTiaiona of the Charter of the City of En9lell00d. Inaofar ·aa applicable, aaid Charter provisions are incorporated herein and aade a part hereof by thil reference, and ahall superaade any apparently COllflicti.ncJ provisions otherwise contained_ in tbia Aqreeaent. 3. ·g Teca of Afr!!!ent. Thia Aqreeaent aball be perpetul. 3.10 Effective Date. Tbis Aqreeaent ahall be effective on January l, i§§g for purpoaes of calculatin9 cbarqes and deliveries hereunder. ATTEST: secretary APPROVED: Plann1n9 biv1s1on APPROVED: ti9al D1 v1a1on . ATTEST: clty c!eri c:nr -caan • -actin9 by and throup its --• am CM'lalW By: •,r=.~s.,..ldiii"""""'t~--------- UGISTDED MD COOiH'EkSIGIISD Donald J. Nana, Alldito~ · cnT • b WMP, CCIICIPNIO By: nRi=yo=r----------- 10 I. • 0 f 3,xl • • • • "' - • • 01101,,s 01 :01 ttsos 1z1 1,11 DElfflllt WA'IU LCL iltlZ/OU Exlaibit A Eampl, of Calc:ulalioa for Dtetrminins Denwr'I PonioD of City Ditdl Com '8ml (Eumpie Only) CalcyfelieR Eaal--S's operalioa ....... ,_ April .,.,.. Oc:IDber, inclusive, md --....-..ce ..,.... aordt of McLellm Pump Sllliola ~ «lperabOD md lll8UIW •11111111 6- Apri) tluoup Oclaber, inclusive, IOIIIII ol McLtlla hmp Sllliola l!allnood's !Nin-rCll -., 111 hm Novaaber daaup Man:b. iadllliw. _.. or Ncleflr PUllp s-- Aanual 1/0liae of waw diwned __. City Dilda W-llipll Amuaal 'VOi-of all --cllli--S by Eaaiewaocl IO Allm Tnaaneat Plant odlllr dim City Ditdl W-Jtia1111 City PiJFla cmp 1160,000 110.000 I 5,000 a.100 ...... I) 1160,000 (1,19P Lt) -$147,212.73 (I.I 00 a.f. + 700 a.f.) 2) 6°"' 1t 10,000 • s 6.000 ]) 60% 1t 5,000 • S__l.lllll SIH,J72.73 61% it 1156,272.73 • 195,326.37 1ro.wr ............ 20_...ofCitJDitdl ~ _._~ ... ...a be~. follows: 20 ipches • 0 .,21 c& ll.4 incbalc& 0 .521 c:fs It 6% (inc:raN IO~ 61% for Ndl cfl) ·• l .125% or 61% + J .125% • 641.125% 64.125% • 1156,272. 7l • 1100,209.19 ...... • ... I . • 0 , • "' - ' ' • . • • ij r1·,1iul l 'JI ,1 • J J I JS•. :• 1':11 l 11 , .. 1 . ·I I i·Jt I ·II I• J i I I 1,J "'1 · • I h!I PJ I ~-, 1 · ·J ,. 'I! 'iJ f : "~-1 :r•i·f , 11 E I J ill11J 1ll!fi-~ I J :1~1111 -15 JI I ii I hill -ii I I j! '1 ! J .J 1 !Jijd!i, 11 l · I· .~ 11 i J .• I .• ! ii'illji1 Jf ~ J1 -.J z .I l.s-II !l • 1··E 11 l . I • ii 1-Jl J-·JI ~. ii ,1 fl., u I 11 111 1:1 I •J1t ij I .I u I 'I Jl '~1 jhJ I~ I 1 I1fnl I i1l1 s= Jis J 11 15 • BJ j .. 11· 1! I ! 11 Ill: .,11 I Ii I 11 jJ 1 I· ...• ,) )~ ! f U.ff I 1·1: 11 t!f ! ·1 j 1i!J;I . d:t II iJJI.,! 1. l .;1.t' !, :f1!J1J ·1 1 l!ilJli ,,~. 11, l1s1, 11 ,! i.l ii 111 .. I II fl ., 1 ... , II JI J ,~ J I . . "" i:i Iii i!: > 0 • • - • • • ORDINANCE NO. _ SERIES OF 1995 • • • BY AUTHORITY COUNCIL BILL NO . 38 INTRODUCED BY COUNCIL MEMBER HATHAWAY AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED GENERAL MUNICIPAL ELECTION PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF ENGLEWOOD, COLORADO REGARDING THE ENGLEWOOD EMPLOYEE RELATIONS AND CAREER SERVICE SYSTEM ACT DEFINITIONS, BARGAINING RIGHTS, SUBJECTS FOR COLLECTIVE BARGAINING, IMPASSE RESOLUTION, THE CAREER SERVICE SYSTEM, CAREER SERVICE BOARD, DUTIES AND POWERS OF THE CAREER SERVICE BOARD AND EFFECI'IVE DATE-VESTED RIGHTS UNDER THE CAREER SERVICE SYSTEM TO PROVIDE FOR A BINDING ARBITRATION PROCESS. WHEREAS, the proposed amendments will provide for a binding arbitration process; and WHEREAS, the binding arbitration process complies with the standards set. forth in Greeley foli<:e Union v City Council pf Greeley 553 P .2d 790 (1976); Cjty and County pf Pcnm: Y PcoYCt fiu fichtcn J «el 656 663 P.2d 1032 (1983); Lit,t,lctpn Edugtjon A•g;jatjon v Ap91bec Cqunty S,:hopl Djl1,rit;t , 553 P .2d 793 (Colo. 1976) and Begjon•I Tran•pprt,etjon Djl1,rit;t v Cglpradq Qc91rt,mcnt pf Jab& and Employment Pivi1ion pf Jabot 830 P .2d 942 (1992); and WHEREAS, the proposed process should provide for a fair and equitable means of dispute resolution ; and WHEREAS, the power of the Career Service Board to modify is replaced with a set of standards which should be more understandable and equitable to employees; and WHEREAS, the propoeed amendments will provide for a mllft cost eff'ective met.hod of resolving issues; and WHEREAS, the proposed amendments provide for acceptance for only a final offer, not a piecemeal deci&ion ; and WHEREAS, the City Council, which has been ,elected by Englewood citizens under our system of representative democracy, will appoint. the arbitrator from a list. of names presented jointly by the City Manacer and the Employee Organization; and WHEREAS, the City management has met with the Englewood Employees Association, Englewood Fire f'ichten Association and the Enclewood Police Benefit Association and have come to a tentative a,reement reprdinc the proposed amendments; and WHEREAS, the City manapment hu also met with employ-not covered by an association, has gone over the proposed changes with them and received their comments; and . ..... •• ' ,. - 10 bf I • • 0 • • 0 - WHEREAS, the Career Service Board held a Public Hearing on the proposed changes; and WHEREAS, modifications have been made to adopt the Career Service Board's recommendations; and WHEREAS, the unions, City management and the Englewood City Council are of the opinion that it is in the beat interest of all parties to have a mandatory arbitntion process; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Sc!;t,jpp 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled general municipal election proposed amendments to the Charter of the City of Englewood . If Question No ._, is approved by the registered electors, upon certification thereof to the office of the Secretary of State of the State of Colorado, pursuant to Section 9, Article XX. of the Colorado Constitution and Section 31-2-210 Colorado Revised Statutes, Article XV of the Home Rule Charter of the City of Englewood shall be amended by repealing and reenacting the following Sections 137 :2, 137 :3, 137 :5, 137 :6, 138 :1, 138:3, 138 :4 and 138 :5 as follows : 137 :2 DEFINITIONS AS UTILIZED IN THIS ARTICLE OF THE CHARTER, THE FOLLOWING DEFINITIONS SHALL BE OBSERVED : (A) ·APPOINTING AUTHORITY-. THE APPOINTING AUTHORITY IS THE CITY MANAGER. (8 ) ·PERMANENT. A FULL-TIME CLASSIFIED EMPLOYEE WHO HAS SUCCESSFULLY COMPLETED A PROBATIONARY PERIOD IN A CLASSIFIED POSITION AFl'ER ORIGINAL APPOINTMENT OR PROMOTION BY THE APPOINTING AUTHORITY . A PERMANENT EMPLOYEE IS SUBJECT TO THE PROTECTION OF THE CAREER SERVICE SYSTEM . (C ) ·CLASSIFIED SERVICE". ALL FULL-TIME PERMANENT CLASSIFIED POSITIONS THAT ARE INCLUDED WITHIN THE CAREER SERVICE SYSTEM . (DJ ·EMPLOYER OR CITY EMPLOYER•. THE MAYOR, AND MEMBERS OF THE CITY COUNCIL, CITY MANAGER AND HIS OR HER DESIGNEES FOR PURPOSES OF COLLECTIVE BARGAINING. (E) ·CONTRACTUAL EMPLOYMENT". EMPLOYMENT RELATIONSHIP NOT A PART OF THE CAREER SERVICE SYSTEM FOR A SET PERIOD OF TIME FOR SPECIAL PROJECTS OR PROGRAMS OR FOR OTHER MANAGERIAL AND PROFESSIONAL ASSISTANCE . • ' I . • 0 ' - • • • ,~ • < (F) MCONFIDENTIAL EMPLOYEE". AN EMPLOYEE WHO IS PRIVY TO DECISIONS OR WHO HAS ACCESS TO INFORMATION OF CITY MANAGEMENT AFFECTING EMPLOYEE RELATIONS OR WHOSE FUNCTIONAL RESPONSIBIUTIES OR KNOWLEDGE OF THE CITY AFFAIRS MAKES MEMBERSHIPS OR PARTICIPATION IN THE AFFAIRS OF AN EMPLOYEE ORGANIZATION IMCOMPATIBLE OR INCONSISTENT WITH THE OFFICIAL DUTIES OF EMPLOYMENT . FOR PURPOSES OF THIS DEFINITlON IT IS CONCLUSIVELY PRESUMED THAT ANY INDIVIDUAL EMPLOYEE IN THE CITY MANAGER'S OFFICE OR IN THE EMPLOYEE RELATIONS DEPARTMENT OR IN THE CITY ATTORNEY'S OFFICE IS A CONFIDENTIAL EMPLOYEE. (G) "CONFIDENTIAL SECRETARY". ONE PERSON IN THE OFFICE OF EACH DEPARTMENT, BOARD OR COMMISSION AND CITY COUNCIL AS DESIGNATED BY THE CITY MANAGER. (H) MMANAGERIAL EMPLOYEE". THE CITY MANAGER, DEPARTMENT HEADS AND ASSISTANT DEPARTMENT HEADS . (I) MSUPERVISOR". AN INDIVIDUAL HAVING THE AUTHORITY, CONSISTENT WITH OTHER PROVISIONS OF THIS ARTICLE, IN THE INTEREST OF THE EMPLOYER TO HIRE, FIRE, TRANSFER, SUSPEND, LAY-OFF, RECALL, PROMOTE, DISCHARGE, ASSIGN, REWARD , DISCIPLINE OR EVALUATE OTHER EMPLOYEES, OR TO ADJUST THEIR GRIEVANCES, OR EFFECTIVELY TO RECOMMEND ANY OF THE FOREGOING IF, IN CONNECTION WITH THE FOREGOING, THE EXERCISE OF SUCH AUTHORITY IS NOT OF A MERELY ROUTINE OR CLERICAL NATURE, BUT, RATHER, REQUIRES THE USE OF INDEPENDENT JUDGMENT . (J) "CITY RIGHTS". THE CITY SHALL HAVE, IN ADDITION TO ALL POWERS, DUTIES AND RIGHTS ESTABLISHED BY CONSTITUTIONAL PROVISION, STAroTE, ORDINANCE, CHARTER OR SPECIAL ACT, THE EXCWSIVE POWER, DUTY AND RIGHTS TO : (i) DETERMINE THE OVERALL MISSION OF THE CITY AS A UNIT OF GOVERNMENT . (ii) TO MAINTAIN AND IMPROVE THE EFFICIENCY AND EFFECTIVENESS OF CITY OPERATIONS. (iii) TO DETERMINE THE SERVICES TO BE RENDERED, THE OPERATIONS TO BE PERFORMED, THE TECHNOLOGY TO BE UTILIZED, OR THE MATTERS TO BE BUDGETED . (iv ) TO DETERMINE THE OVERALL METHODS, PROCESSES, MEANS , JOB CLASSIFICATIONS OR PERSONNEL BY WHICH CITY OPERATIONS ARE TO BE CONDUCTED. (v ) TO DIRECT, SUPERVISE, HIRE, PROMOTE, TRANSFER, ASSIGN , SCHEDULE, RETAIN OR LAY-OFF EMPLOYEES. ..... I . • 0 • • • .... (vi) TO SUSPEND, DISCIPLINE, DISCHARGE, AND DEMOTE FOR CAUSE, ALL FULL-TIME PERMANENT CLASSIFIED EMPLOYEES . (vii) TO RELIEVE EMPLOYEES FROM DUTIES BECAUSE OF LACK OF WORK OR FUNDS, OR UNDER CONDfflONS WHERE THE CITY DETERMINES CONTINUED WORK WOULD BE INEFFICIENT OR NONPRODUCTIVE. (viii) TO TAKE WHATEVER OTHER ACTIONS MAY BE NECESSARY TO CARRY OUT THE WISHF.S OF THE PUBLIC NOT OTHERWISE SPECIFIED HEREIN OR LIMITED BY A COLLECTIVE BARGAINING AGREEMENT. (ix) TO TAKE ANY AND ALL ACTIONS TO CARRY OUT THE MISSION OF THE CITY IN CASES OF EMERGENCY. (x) NOTHING CONTAINED HEREIN SHALL PRECLUDE THE CITY FROM CONFERRING WITH ITS EMPLOYEES FOR THE PURPOSE OF DEVELOPING POLICIES TO EFFECTUATE OR IMPLEMENT ANY OF THE ABOVE-ENUMERATED RIGHTS . ALL POWERS, DUTIES AND RIGHTS AS ENUMERATED ABOVE SHALL BE WITHIN THE EXCLUSIVE RIGHT OF THE CITY EXCEPT AS LIMITED OR MODIFIED BY A COLLECTIVE BARGAINING AGREEMENT. (K) "EMPLOYEE RIGHTS". A FULL-TIME CLASSIFIED EMPLOYEE WHO IS NOT A CONFIDENTIAL EMPLOYEE, A MANAGERIAL EMPLOYEE, OR A SUPERVISOR SHALL HAVE THE RIGHT : (i) TO FORM, JOIN, SUPPORT OR PARTICIPATE IN, OR TO REFRAIN FROM FORMING, JOINING, SUPPORTING, OR PARTICIPATING IN ANY EMPLOYEE ORGANIZATION OR ITS LAWFUL ACTIVITIES; AND (ii) TO BARGAIN COLLECTIVELY THROUGH THEIR CERTIFIED EMPLOYEE REPRESENTATIVE. (iii) NO EMPLOYEE SHALL BE INTERFERED WITH, RESTRAINED, COERCED OR DISCRIMINATED AGAINST BECAUSE OF THE EXERCISE OF THESE RIGHTS NOR SHALL THE RIGHT OF AN INDMDUAL EMPLOYEE TO DISCUSS EMPLOYMENT CONCERNS WITH THE CITY BE INFRINGED UPON. .... "' -' , • I . . 0 , • • • (L ) ·APPROPRIATE EMPLOYEE BARGAINING UNIT (OR APPROPRIATE BARGAINING UNIT)". AN EMPLOYEE UNIT DESIGNATED BY THE CITY TO BE APPROPRIATE FOR THE PURPOSE OF COLLECTIVE BARGAINING . IN DETERMINING THE APPROPRIATE BARGAINING UNIT THE CITY SHALL HAVE NO AUTHORITY TO INCWDE ANY EMPLOYEE OTHER THAN A FULL-TIME CLASSIFIED EMPLOYEE . A FULL-TIME CLASSIFIED EMPLOYEE MAY BE CONSIDERED FOR INCLUSION IN THE APPROPRIATE BARGAINING UNIT EXCEPI': (i) ANY ELBC'TED OfflCIAL OR PERSON APPOINTED TO FILL A VACANT ELl!lCTED POSfflON, OR ANY BOARD OR OOIOIISSION IIEIIBER OR JUDGE, OR PERSON APPOINTED TO A POSfflON BY CITY COUNCIL. (ii) CITY MANAGER, ASSISTANTS TO THE CITY MANAGER AND EMPLOYEES OF THE CITY MANAGER'S omcE, DEPARTMENT HEADS , CITY ATTORNEY AND EMPLOYEES OF THE CITY ATTORNEY'S OFFICE AND CONFIDENTIAL SECRETARIES . (iii ) MANAGERIAL AND SUPERVISORY EMPLOYEES. (iv) CONFIDENTIAL EMPLOYEES . (v ) ANY PART-TIME , TEMPORARY OR CONTRACTUAL EMPLOYEE . (v i) ANY EMPLOYEE HIRED FOR SPECIAL PROJECTS OR PROGRAMS OR THROUGH THE USE OF OUTSIDE FUNDING SOURCES. (M) ·EMPLOYEE ORGANIZATIO~. MEANS ANY LAWFUL ORGANIZATION WHICH HAS AS ONE OF ITS PRIMARY PURPOSES REPRESENTING FULL-TIME CLASSIFIED EMPLOYEES IN THEIR EMPLOYMENT RELATION WITH THE CITY ; PROVIDED, HOWEVER, THAT SAID ORGANIZATION HAS NO RESTRICTION ON MEMBERSHIP BASED ON AGE, RACE, OOLOR, CREED, SEX, HANDICAP , OR NATIONAL ORIGIN. (N) ~CERTIFIED EMPLOYEE ORGANIZATION ( OR CERTIFIED EMPLOYEE REPRESENTATIVE)•. AN EMPLOYEE ORGANIZATION THAT HAS BEEN CERTIFIED BY THE CITY AS REPRESENTING THE EMPLOYEES IN AN APPROPRIATE BARGAINING UNIT AS A RESULT OF OBTAINING A MAJORITY VOTE IN THE APPROPRIATE UNIT PURSUANT TO A CITY CONDUCTED ELECTION . NO ORGANIZATION SHALL BE ELIGIBLE TO BE THE CERTIFIED EMPLOYEE ORGANIZATION IF IT ADMITS TO MEMBERSHIP OR IS DIRECTLY AmUATED WITH AN ORGANIZATION THAT ADMITS TO MEMBERSHIP PERSONS WHO ARE SUPERVISORS OR WHO ACT IN A SUPERVISORY CAPACITY WITH RESPECT TO EMPLOYEES OF THE CITY OF ENGLEWOOD AS DEFINED IN THIS ARTICLE . NO ....... • . I . • 0 • 137:3 • . ,~ - ORGANIZATION SHALL BE ELIGIBLE TO BE THE CERTIFIED EMPLOYEE ORGANIZATION OR CERTIFIED EMPLOYEE REPRESENTATIVE WITH RESPECT TO POUCE omcERS OF THE CITY IF SUCH ORGANIZATION ADMITS TO MEMBERSHIP EMPLOYEES OF ANY EMPLOYER, PUBUC OR PRIVATE, OTHER THAN POUCE OFFICERS, EXCEPI' THAT SUCH EMPLOYEE ORGANIZATION MAY AFFILIATE ITSELF WITH OTHER ORGANIZATIONS WHO ADMIT SUCH OTHER EMPLOYEES TO MEMBERSHIP, SO LONG AS THE CERTIFIED EMPLOYEE ORGANIZATION REMAINS LOCALLY AUTONOMOUS . (0) ·EXCLUSIVE RECOGNITION OF AN EMPLOYEE ORGANIZATION". THE CERTIFICATION OF AN EMPLOYEE ORGANIZATION BY THE CITY THAT THE ORGANIZATION SHALL REPRESENT ALL EMPLOYEES IN AN APPROPRIATE UNIT AS DETERMINED BY THE CITY FOR THE PURPOSE OF COLLECTIVE BARGAINING. (P) "STRIKE". CONCERTED ACTIVITY RESULTING IN FAILURE TO REPORT TO DUTY, OR THE ABSENCE FROM ONE'S POSITION, OR THE STOPPAGE OF WORK. (Q ) ·CLASSIFIED EMPLOYEE". A CERTIFIED EMPLOYEE APPOINTED TO AN ALLOCATED POSITION WITHIN THE CLASSIFIED SYSTEM . THE COUNCIL MAY ADOPI' ADDITIONAL APPROPRIATE DEFINITIONS TO EFFECTUATE THE POUCIES OF THIS ARTICLE OF THE CHARTER. BARGAINING RIGlfl'S ONLY FULL TIME CLASSIFIED EMPLOYEES IN AN APPROPRIATE BARGAINING UNIT HAVE THE RIGHT TO BARGAIN COLLECTIVELY WITH THE CITY THROUGH THEIR CERTIFIED EMPLOYEE REPRESENTATIVE TOWARDS SECURING A COLLECTIVE BARGAINING AGREEMENT . ONLY AN EMPLOYEE ORGANIZATION THAT HAS BEEN CERTIFIED BY THE CITY SHALL BE ENTITLED TO ENGAGE IN COLLECTIVE BARGAINING WITH THE CITY . IN CERTIFYING AN EMPLOYEE ORGANIZATION AS REPRESENTING THE EMPLOYEES IN AN APPROPRIATE BARGAINING UNIT, THE CITY OR THE DESIGNATED HEARING OFFICER SHALL CONSIDER (IN ADDfflON TO ANY OTHER REQUIREMENT AS SET FORTH HEREIN ) THE FOLLOWING FA CTORS : (a ) THE UNIT THAT WILL INSURE EMPLOYEES THE FULLEST FREEDOM AND THE EXERCISE OF RIGHTS GRANTED UNDER THIS ARTICLE . (b) THE COMMUNITY OF INTEREST OF THE EMPLOYEES. (c ) THE HISTORY OF THE EMPLOYEE RELATIONS IN THE UNIT, AMONG OTHER EMPLOYEES OF THE CITY , AND IN SIMILAR PUBLIC EMPLOYMENT . Cd ) THE EFFECT OF THE UNIT ON THE EfflCIENT OPERATION OF THE PUBUC SERVICE AND SOUND EMPLOYEE RELATIONS. ..... ,,; - I . • 0 1 32xl 137:5 • • • 0 /~ - (e ) THE EFFECT ON THE EXISTING CLASSIFICATION STRUCTURE OF DIVIDING A SINGLE CLASSIFICATION AMONG TWO OR MORE UNITS . SUBJrel'S FUR COlJ.ECIWE BARGAINING (A ) MANDATORY SUBJECTS. THE CITY AND THE CERTIFIED EMPLOYEE REPRESENTATIVE SHALL HAVE THE MUTUAL OBLIGATION TO NEGOTIATE AND BARGAIN IN GOOD FAITH OVER THE FULLOWING MANDATORY SUBJECTS : WAGES , HOURS, VACATION, INSURANCE (CONTRIBUTION LEVELS AND LEVELS OF BENEFITS ONLY), HOUDAYS, ADMlNISTRATIVE LEAVE, PERSONAL LEAVE, MILITARY LEAVE, DISABILITY LEAVE, FUNERAL LEAVE, DUES DEDUCTION, GRIEVANCE RESOLUTION PROCEDURE (INCLUDING COSTS AND EXPENSES ASSOCIATED THEREWITH ), NON-STATE OR FEDERALLY REGULATED OR MANDATED PENSION OR RETIREMENT PROVISIONS <CONTRIBUTION LEVELS ONLY), OVER-TIME PAY FORMULAS, WORK UNIFORM PROVISIONS, ACTING PAY, LONGEVITY, TRANSFER PROCEDURE, PROCEDURES FOR SUSPENSION , DEMOTION AND DISCHARGE, AND EDUCATION INCENTIVES. THAT THE MAINTENANCE OF BENEFITS SHALL ALSO BE CONSIDERED A MANDATORY .SUBJECT UNDER THIS SECTION FOR THE PERIOD COVERING UP TO AND INCLUDING DECEMBER 31, 1984, AFTER WHICH IT WILL BECOME A PERMISSIVE SUBJECT. (8 ) NON-NEGOTIABLE SUBJECTS. THE FOLLOWING SUBJECTS SHALL BE EXCLUDED FROM COLLECTIVE BARGAINING AS NON-NEGOTIABLE SUBJECTS OF BARGAINING : ANY SUBJECT PRE-EMPl'ED BY STATE OR FEDERAL LAW OR BY CITY CHARTER; STATE OR FEDERALLY REGULATED OR MANDATED PENSION PROVISIONS; ADMINISTRATION OF INSURANCE PROGRAMS, SELECTION OF INSURANCE CARRIER INCLUDING SELF-INSURANCE ; MATTERS DELEGATED BY CHARTER TO ANY BOARD OR COMMISSION OF THE CITY ; ALL MATTERS RELATING TO CLASSIFICATION, RECRUITMENT, HIRING, EXAMINATION AND CERTIFICATION OF APPOINTMENT TO A POSITION AND APPEALS BASED THEREUPON ; PROMOTIONS OUT OF THE BARGAINING UNIT. (C) PERMISSIVE SUBJECTS . COLLECTIVE BARGAINING UPON ANY OTHER SUBJECT (I .E., NOT MANDATORY OR NON- NEGOTIABLE) IS PERMISSIVE AND MAY BE CONDUCTED IF MUTUALLY AGREED TO BY THE PARTIES. ...... - .. I . • 0 '32 x l 137:6 • • 0 I • - IMPASSE RESOLUTION <Al IMPASSE IN THE EVENT THE PARTIES ARE UNABLE TO REACH AGREEMENT ON ALL MANDATORY SUBJECTS TO BE CONTAINED IN THE COLLECTIVE BARGAINING AGREEMENT ON OR BEFORE JULY 1ST OF THE YEAR IN WHICH THE PARTIES HAVE MET AND BARGAINED OVER THESE SUBJECTS, IMPASSE SHALL BE DECLARED. EACH PARTY SHALL SUBMIT TO THE CITY CLERK A STATEMENT WHICH CONTAINS THAT PARTY'S FINAL OFFER REGARDING ANY MANDATORY EOONOMIC SUBJF.c'I' UPON WHICH THE PARTIES ARE AT IMPASSE. THE STATEMENT SHALL BE SUBMITTED BY EACH PARTY NO LATER THAN 5 :00 P .M. ON JULY 1ST. IF JULY 1ST FALLS ON A SATURDAY OR SUNDAY THE PERIOD IS SHORTENED TO AND ENDS ON THE PRIOR BUSINESS DAY WHICH IS NOT A SATURDAY , SUNDAY OR LEGAL HOLIDAY . (B l APPOINTMENT OF ARBITRATOR THE CITY MANAGER AND THE EMPLOYEE ORGANIZATION WILL JOINTLY PRESENT TO THE CITY COUNCIL ON OR BEFORE JULY 10TH THE NAMES OF THREE ARBITRATORS WHO HAVE EXPERIENCE IN LABOR RELATIONS MATTERS AND INTEREST ARBITRATION . FROM THAT LIST OF THREE, THE CITY COUNCIL WILL APPOINT ONE ARBITRATOR WHOM IT AUTHORIZES TO CONDUCT HEARINGS AND MAKE A DECISION ON THE FINAL OFFER TO BE IMPLEMENTED . THE ARBITRATOR SHALL BE APPOINTED NO LATER THAN JULY 30TH . PRIOR TO THE COMMENCEMENT OF HEARINGS, THE ARBITRATOR SHALL SIGN AN OATH TO UPHOLD THE TERMS OF THE CHARTER. (Cl HEARINGS THE ARBITRATOR SHALL HOLD HEARINGS ON THE PARTIES' FINAL OFFER ON MANDATORY ECONOMIC SUBJECTS ONLY . THE ARBITRATOR SHALL SET THE DATE OF HEARING AND SHALL GIVE AT LEAST TEN (10) DAYS NOTICE IN WRITING TO THE PARTIES OF THE TIME AND PLACE OF SUCH HEARING . THE ARBITRATOR SHALL HAVE POWER TO ADMINISTER OATHS AND TO REQUIRE BY SUBPOENA THE ATTENDANCE AND TESTIMONY OF WITNESSES, AND THE PRODUCTION OF BOOKS, RECORDS AND OTHER EVIDENCE RELATING TO OR PERTINENT TO THE ISSUES PRESENTED TO THE ARBITRATOR FOR DETERMINATION . THE ARBITRATOR SHALL HAVE THE RIGHT TO DETERMINE WHETHER ANY PROPOSAL OR DEMAND IS A - "' - I . • 0 f 32xl • • • • (. MANDATORY ECONOMIC SUBJECT FOR BARGAINING WITHIN THE MEANING OF SECTION 137:5(A) OF THIS CHARTER. THE HEARING CONDUCTED BY THE ARBITRATOR SHALL BE CONCWDED WITHIN SEVEN (7) DAYS OF THE flllE OF COJOIENCEIIENT. WITHIN FIVE (5) DAYS FOLLOWING THE CONCWSION OF THE HEARING, THE PAllTIICS IIAY, IF THEY DEEM NECESSARY, SUBMIT WlUTTEN IIIUD'S TO THE ARBITRATOR. WITHIN ftFl'EEN (15) DAYS OF THE RECEIPT OF SUCH BRIEFS OR THE OONCWSION OF THE HEARING, WHICHEVER IS APPIJCABLE, THE AllBITllATOR SHALL MAKE WRITTEN ftNDINGS AND DECIDE WHETHER THE nNAL OFFER OF THE CITY OR THE P1NAL OFPEll OF THE CERTlftED EMPLOYEE ORGANIZATION ON THE TOTAL PACKAGE OF OUTSTANDING MANDATORY ECONOMIC SUBJECTS IN DISPUTE SHALL BE IMPLEMENTED. A COPY OF THE ARBITRATOR'S FINDINGS AND DECISION SHALL BE MAILED OR OTHERWISE DELIVERED TO THE CERTiftED EMPLOYEE ORGANIZATION AND THE CITY MANAGER. < D > RECORD OF HEARINGS THE HEARINGS CONDUCTED BY THE ARBITRATOR SHALL BE RECORDED. ANY PARTY MAY REQUEST AN OFFICIAL STENOGRAPHIC RECORD OF THE TESTIMONY AT THE HEARING. THE PARTY REQUESTING SHALL PAY THE COST OF SUCH TRANSCRIPT. IF THE OTHER PARTY REQUESTS A COPY OF THE TRANSCRIPT OR IF THE ARBITRATOR REQUESTS A TRANSCRIPT, BOTH PARTIES SHALL SHARE THE ENTIRE COST OF MAKING THE STENOGRAPHIC RECORD . <E> STANDARDS f'OB QF,clSION THE FOLLOWING FACTORS MUST BE CONSIDERED BY THE ARBITRATOR IN ARRIVING AT A DECISION: (1) THE INTEREST AND WELFARE OF THE PUBUC AND THE ftNANCIAL ABILITY OF THE CITY TO BEAR THE COSTS INVOLVED; (2) THE LAWnJL AUTHORITY OF THE CITY; (3) STIPULATIONS OF THE PARTIES; (4) COMPARISON OF THE WAGES, HOURS, BENEFITS AND OTHER TERMS OR CONDfflONS OF EMPLOYMENT OF THE EMPLOYEES INVOLVED WITH OTHER EMPLOYEES PERFORIIING SIMILAR SERVICES IN PUBUC EMPLOYMENT IN COMPARABLE COLORADO COMMUNITIES; .... ,, _ .. I . • 0 1 J2xl • • • '· (5) THE COST OF LIVING; (6) THE OVERALL COMPENSATION PRESENTLY RECEIVED BY THE EMPLOYEES INCLUDING DIRECT WAGE COMPENSATION; VACATION, HOLIDAYS AND OTHER EXCUSED TDIE; INSURANCE AND PENSION; MEDICAL AND HOSPITALIZATION BENEFITS; THE CONTINUITY AND STABILITY OF EMPLOYMENT; AND ALL OTHER BENEFITS RF.CEIVED . < Fl FINAL o,na PRQCIQJJBI THE ARBITRATOR SHALL CHOOSE EITHER THE CITY'S TOTAL FINAL OFFER ON ALL OUTSTANDING MANDATORY ECONOIIIC SUBJl!lCTS OR THE EMPLOYEE ORGANIZATION'S TOTAL FINAL OFFER ON ALL OUTSTANDING MANDATORY ECONOMIC SUBJEC'l'S AS CONTAINED IN EACH PARTY'S STATEMENT OF FINAL OFFER AS REQUIRED IN SECTION (A) AND SHALL STATE THE REASONS FOR CHOOSING SUCH FINAL OFFER. CG> TIME LIMITS THE TIME LIMITS FOR CONDUCTING THE HEARING AND FOR ANY ACTION BY THE ARBITRATOR SPECIFIED IN THIS CHAPTER MAY BE WAIVED BY MUTUAL CONSENT OF THE PARTIES AS LONG AS THE ARBITRATOR'S DECISION IS RENDERED TWO WEEKS AFTER THE BUDGET IS SUBMITTED TO CITY COUNCIL BY THE CITY MANAGER. <H> FEESANQ EXPENSESQFARBITBATIQN ONE-HALF OF THE NECESSARY FEES AND NECESSARY EXPENSES OF ARBITRATION CEXCWDING ALL FEES AND EXPENSES INCURRED BY EITHER PARTY IN THE PREPARATION OR PRESENTATION OF ITS CASE) SHALL BE BORNE BY THE CITY AND ONE-HALF SHALL BE BORNE BY THE EMPLOYEE ORGANIZATION . m FINALITY QFTHE ARBITRATOR'S QECJSIQN (1) EXCEPT AS PROVIDED IN THIS SECTION, THE DECISION OF THE ARBITRATOR SHALL BE FINAL AND BINDING ON THE EMPLOYEE ORGANIZATION AND THE CITY . NOTHING HEREIN SHALL PROHIBIT THE PARTIES FROM AGREEING TO TERMS DIFFERENT FROM THE DECISION OF THE ARBITRATOR AS LONG AS SUCH AGREEMENTS ARE MADE WITHIN THE FIFTEEN (15) DAYS AFTER RECEIPT OF THE ARBITRATOR'S DECISION . (2 ) THE ARBITRATOR'S DECISION SHALL BE SUB.JECT TO COURT REVIEW PURSUANT TO THE TERMS OF THIS SECTION . ANY PARTY DESIRING COURT REVIEW ..... "' - • . .. I . • 0 , - 138:1 • • MUST FILE SUIT IN THE DISTRICT COURT NO LATER THAN THIRTY (30) DAYS AFTER THE DATE OF THE ARBITRATOR'S DECISION. FAILURE OF EITHER PARTY TO FILE SUIT WITHIN THIRTY (30) DAYS SHALL BE A WAIVER OF THAT PARTY'S RIGHT TO APPEAL THE DECISION . THE DISTRICT COURT SHALL AFFIRM THE ARBITRATOR'S AWARD UNLESS IT DETERMINES: (A ) THE AWARD WAS PROCURED BY CORRUPTION, FRAUD, OR OTHER UNDUE MEANS; (B) THE DECISION IS ARBITRARY, CAPRICIOUS, OR UNREASONABLE BECAUSE THERE IS NO COMPETENT EVIDENCE IN THE RECORD TO SUPPORT THE DECISION; OR (C ) THE DECISION WAS REACHED WITHOUT CONSIDERING THE FACTORS LISTED IN PARAGRAPH (E) ABOVE . (3) IF THE COURT DETERMINES THAT THE AWARD WAS PROCURED BY CORRUPTION, FRAUD, OR OTHER UNDUE MEANS, THE ENTIRE AWARD SHALL BE VACATED AND THE MATTER SHALL BE REMANDED BACK TO BE HEARD BY A DIFFERENT ARBITRATOR SELECTED PURSUANT TO THE TERMS OF THIS SECTION. IF THE COURT DETERMINES THAT THE ARBITRATOR'S DECISION IS ARBITRARY, CAPRICIOUS OR UNREASONABLE, OR WAS REACHED WITHOUT CONSIDERING THE FACTORS LISTED IN PARAGRAPH E ABOVE, THE COURT SHALL REMAND THE ISSUE TO THE ARBITRATOR WITH INSTRUCTIONS TO TAKE NEW EVIDENCE IF NECESSARY AND TO ISSUE A DECISION IN CONFORMITY WITH THE PROVISIONS OF THIS SECTION. (4 ) EACH PARTY SHALL BE RESPONSIBLE FOR rrs OWN COSTS AND FEES IN CONNECTION WITH ANY APPEAL TO THE DISTRICT COURT. CAREERSll'JMCESYS'IDt THE APPOINTING AUTHORITY SHALL PREPARE AND SUBMIT TO CITY COUNCIL FOR ADOPTION A ·CAREER SERVICE SYSTEM· WHICH SHALL APPLY TO ALL FULL- TIME CLASSIFIED EMPLOYEES OF THE CITY OF ENGLEWOOD <HEREIN THE -CITr), EXCLUDING ANY ELECTED omCIAL OR PERSON APPOINTED TO FILL A VACANT ELECTED POSfflON, ANY BOARD OR COIIIIISSION MEMBER, JUDGE, CITY MANAGER. EMPLOYEES OF THE CITY MANAGER'S omcE. DEPARTMENT HEADS, CITY ATTORNEY, EMPLOYEES OF THE CITY ATTORNErs omCE, CONFIDENTIAL SECRETARIES, CONFIDENTIAL ..... • . .. I . • 0 1 • 138 :3 (A} (B} • • • EMPLOYEES, AND PERSONS APPOINTED TO A POSITION BY THE COUNCIL. HEARINGS UNDER CAREER SERVICE SYSTEM THE CITY COUNCIL SHALL APPOINT HEARING OfflCERS WHO SHALL HA VE DEMONSTRABLE ABILITY IN LABOR AND EMPLOYEE RELATIONS TO HOLD HEARINGS AND MAKE FINDINGS AND DETERMINATIONS WITH RESPECT TO THE FOLLOWING: DISCIPLINARY APPEAI.B, MERIT APPEAI.B AND ISSUES RELATED TO SELECTION AND RETENTION OF EXCLUSIVE EMPLOYEE ORGANIZATIONS AND THE DETERMINATION OF APPROPRIATE BARGAINING UNITS . THE CITY COUNCIL SHALL ENACT APPROPRIATE ORDINANCES GOVERNING STANDARDS AND PROCEDURES WITH RESPECT TO SUCH APPEALS, THE HEARINGS TO BE CONDUCTED THEREON AND THE STANDARDS TO BE APPLIED BY THE APPOINTED HEARING OfflCER AND ANY APPLICABLE COURT REVIEW OF SUCH DECISIONS. COUNCIL SHALL ALSO ENACT ORDINANCES GOVERNING STANDARDS AND PROCEDURES WITH REGARD TO ISSUES RELATED TO BARGAINING AGENTS OR UNITS . Ses;tjop 2. Ballots for said election shall carry the following designation which shall be the submission clause: QUESTION NO . -- Shall the Home Rule Charter of the City ofEnclewood be amended by repealing the followinc Sections of the Enclewood Employee Relation• and Career Service Sy1tem Act -137 :2 -Definition,, 137:3 -Barpininc Rights, 137 :5 -Subjects For Collective Barpininc, 137:6 -lmpaae Resolution, 138 :1 -Career Service Syltem, 138:3 -Career Service Board, 138 :4 -Duties And Powers OfThe Career Service Board and 138:5 - Effective Date -Vested Rights of Article XV and reenacting Sections 137 :2 -Definitions, 137 :3 -Bargaining Rights, 137 :5 -Subjects For Collecti ve Bargaining, 137 :6 -Impasse Resolution, 138:1 -Career Service System and 138:3 -Hearinp Under Career Service Sy1tem; to eliminate the Career Service Board by modifyinc the proce11 for negotiations with employee groups to provide for bindinc arbitration of negotiation impasses and referrinc the powers currently eaerciaecl by the Career Service Board to Hearinc Officers selected a1 provided by Ordinance for the purpose of reducing costs and introducinc additional expertise in employment matters? YES NO Ses;tjop 3. Each elector voting at the election and desirous of votinc for or acain1t the amendment shall indicate the elector's choice by depreuinc the appropriate counter of the voting machine which indicate• the word "YES• or the word ·No,-or by appropriate marking upon paper ballots when uaecl . .. ...... "' - I • • 0 , - • • • • ~. Scrtioo f . The proper offic:ial1 of the City of Enctewoocl shall live notice of laid eeneral municipal elec:tion, auc:h not.ic:e ahall be publiahed in the manner and for the lencth of time required by law, and the ballota cut at auc:h election ahall be c:anvaued and the result aec:ertained, det.ennined, and certified u required by law. Srrtioo 5. If any aec:tion, paracraph, claue, or other portion af'thi1 orclinanw i1 for any reuon held to be invalid or unenforceable, the invalidity or unenron.1141ity shall not affect any of the remaininc port.ions af' this ordinance. Introduced, rucl in full, amended and paued on first ruclinc on the 17th day af' July, 1995. Publiahed as a Bill for an Ordinance on the 20th day of July, 1995. Amended, reintroduced and read in full on the 7th day of Aucult, 1995. Published as amended oft.he 10th clay af' August. 1995. Read by title and puled on final readinc on the 21st day af' Aucust, 1995. Publiahed by title as Ordinance No . _, Series af' 1995, on the 24th day ol Auplt, 1995. Thomas J . Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucriahia A. Ellis, City Clerk of the City of Enclewoocl, Colorado, hereby certify that the above and foregoinc i1 a tNe copy of the Ordinance puaed on final reading and published by title as Ordinance No. _, Series of 1995. Loucriahia A Elli1 ..... . . .. I. • 0 , :l~ x I • ORDINANCE NO . _ SERIES OF 1995 • • • BY AUTHORITY I • COUNCIL BILL NO . 43 INTRODUCED BY COUNCIL MEMBER WIGGINS AN ORDINANCE AMENDlNG TITLE 1, CHAPTER 4, SECTION 1, BY ADDING A NEW SUBSECTION C, ENTITLED TRIAL BY JURY FOR JUVENILES . WHEREAS, the Colorado State Statute regarding trial by jury for petty offenses has been amended to deny the right to a jury trial for children under eighteen years of age for most misdemeanors and petty offenses when jail is not a possible punishment; and WHEREAS, the Englewood Municipal Court is overburdened with a very heavy case load; and WHEREAS, a reduction in the case load of the Englewood Municipal Court would be in the best interest of the citizens of the City of Englewood ; and WHEREAS, it is in the interest of the citizens of Englewood to preserve judicial resources and to follow the revised State Statute; NOW , THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Sect,jon l. The Englewood City Council hereby amends Title l, Chapter 4, Section 1, by adding a new Subsection C, entitled Trial by Jury For Juveniles of the Englewood Municipal Code, 1985 which shall read as follows : 1-4-1: GENERAL PENALTY: A. It shall be unlawful for any person to violate, disobey , omit, neglect, refuse or fail to comply with or resist the enforcement of any provision of this Code or any secondary code adopted herein . Except as otherwise specifically provided for in this Code, the violation of any provisions of this Code or of any secondary code adopted herein shall be punished by a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term not exceeding one hundred eighty (180) days or by both such fine and imprisonment. The imposition of one penalty shall not excuse any violation nor permit it to continue. Unless otherwise indicated, a separate offense shall be deemed committed upon each day or portion thereof during or on which any violation of any provision of this Code or any secondary code adopted herein occurs or continues. (Ord. 35 Series 1991 ) B. No jail sentence shall be imposed upon persons under the age of eighteen (18) years. This restriction shall not apply to persons who are convicted of a violation arising out of the operation of a motor vehicle. The term wconviction" as used herein shall include either the entry of a plea of nolo contendere or guilty to the violation. Any provisions to the contrary shall not have standing with respect to the persons under the age of eighteen (18) years. (Ord . 50 Series 1981 ) "' - 10 b ii -.--~----_.,.,;.• I / ' -l :r 1· I • • 0 , - • • ·, • .. C . TRIAL BY JURY FOR JUVENILES: NO CHILD UNDER THE AGE OF EIGHTEEN YEARS SHALL BE ENTITLED TO A TRIAL BY JURY FOR A VIOLATION OF A MUNICIPAL ORDINANCE FOR WHICH IMPRISONMENT IN JAIL IS NOT A POSSIBLE PENALTY; EXCEPT THAT SUCH A CHILD IS ENTITLED TO A TRIAL BY JURY FOR ANY OFFENSE WHICH WOULD BE A CLASS 1 MISDEMEANOR UNDER A STATE COUNTERPART STATUTE. Introduced, read in full, and paaecl on first readinc on the 7th day of Aupst, 1995. Published u a Bill for an Ordinance on the 10th day • Aupst, 1995. Read by title and passed on final readine on the 21st day of Aupst, 1995. Published by title u Ordinance No. _. Series a 1995, on the 24th day of Aupat, 1995. Thomas J . Burns, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Enetewood, Colorado, hereby certify that the above and foreeoine is a true copy of the Ordinance paaecl on final readinc and published by title as Ordinance No. _. Series of 1995. Loucrishia A. Ellis . ' • . .. I. . 0 '32xl • • • ·, • BY AUTHORITY II la iii ~~ COUNCIL BILL NO . 46 / ~ _...., INTRODUCED BY COUNCIL (./~ MEMBER HATHAWAY ORDINANCE NO . _ SERIES OF 1995 AN ORDINANCE AMENDING TITLE 5, CHAPTER 3A, OF THE ENGLEWOOD MUNICIPAL CODE BY ADDING A NEW SECTION 12, DISORDERLY BEHAVIOR; REPORT BY LICENSEE PERTAINING TO LIQUOR LICENSING AUTHORITY FOR THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the Englewood Liquor Licensing Authority hu recently had cases in which liquor establishments did not report bar fights at their establishments; and WHEREAS, these establishments removed the fighting patrons from the bar forcing them into the parking lot and street; and WHEREAS, the first paragraph defining conduct tracks exactly with the state regulation; and WHEREAS, the second paragraph of the ordinance requires reporting as preventive measure; and WHEREAS, if the police are called by the bar owner they can prevent many incidents from effecting the neighbors and neighborhood in a pro-active mode ; and WHEREAS, the third paragraph limits the penalty by excluding criminal prosecution; and WHEREAS, this Ordinance will protect the health, safety and welfare of the citizens of Englewood; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : Section 1 The City Council of the City of Englewood, Colorado hereby approves amending Title 5 , Chapter 3A, of the Englewood Municipal Code by adding a new Section 12, DISORDERLY BEHAVIOR; REPORT BY LICENSEE pertaining to the Liquor Licensing Authority for the City of Englewood, Colorado. Title 5, Chapter 3A, Section 12, shall read as follows : 5.JA-12: DISORDERLYBEHAVIOR;REPORTBYUCENSEE: A . EACH LICENSEE SHALL CONDUCT THE LICENSED PREMISES IN A DECENT, ORDERLY AND RESPECTABLE MANNER, AND SHALL NOT PERMIT ON THE LICENSED PREMISES THE SERVING OR LOITERING OF AN APPARENTLY INTOXICATED PERSON OR HABITUAL DRUNKARD, NOR SHALL THE LICENSEE, HIS EMPLOYEE OR AGENT PERMIT PROFANITY, ROWDINESS, UNDUE NOISE, OR OTHER DISTURBANCES OR ACTIVITY OFFENSIVE TO THE SENSES OF THE AVERAGE CrrlZEN, OR TO THE RESIDENTS OF THE NEIGHBORHOOD IN WHICH THE LICENSED ESTABLISHMENT IS LOCATED . . .... . I - '· I . • 0 - • • • \. ,. • ~ "' · ... • ~- B. ANY LICENSEE, OR ANY MANAGER OR AGENT OR EMPLOYEE OF A LICENSEE, SHALL IMMEDIATELY REPORT TO THE POLICE DEPARTMENT ANY UNLAWFUL OR DISORDERLY ACT OR CONDUCT AS SPECIFIED IN PARAGRAPH A ABOVE COMMI'ITED ON THE LICENSED PREMISES. C . SUSPENSION OR REVOCATION OF THE LICENSE UNDER THE PROCEDURES SET PORTH IN THIS CHAPl'ER SHALL BE THE SOLE PUNISHMENT JIOR VIOLATION OF THIS SECTION. THIS PARAGRAPH SHALL NOT PROHIBIT A SEPARATE CHARGE FROM BEING FILED UNDER ANOTHER CODE PROVISION OR STATUTE NOR SHALL THIS PROHIBIT ANY SEPARATE CML ACTION BY THE CITY OF ENGLEWOOD OR ANOTHER PARTY. Introduced, read in full, amended and passed on tint readinc on the 7th day al~ 1995. ' Published as an amended Bill for an Ordinance on the 10th day of Aupst, 1995. Read by title and pused on final readinc on the 21st day of August, 1995. Published by title as Ordinance No . ~ Series of 1995, on the 24th day of August, 1995. Thomas J . Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Enclewood. Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final readinc and published by title as Ordinance No . _, Series of 1995. Loucrishia A. Ellis -2- Ill ~ ' , . . . .. I. • 0 • • • • • COUNCIL COMMUNICATION Date August 21, 1995 Initiated By Agenda Item 11 a i Frank COUNCIL GOAL AND PREVIOUS COUNCIL ACTION Bill for an ordinance making changes to Title 4, Chapter 1, Section 1 and 2 of the lewobd Ci Code Staff Source Director Council has updated Tille 4, Chapter 4, Sections 1 and 2 relating to the investment of municipal funds on a number of occasions. Ordinance 1, Series of 1975 allowed the City to invest in interest-bearing obligations of agencies of the United States of America. Ordinance 46, Series of 1982 allowed the City to participate in share certificates. Repurchase agreements were allowed by Ordinance 1, Series of 1975. Ordinance 42, Series of 1990 allowed City participation in Colorado Local Government Liquid Asset Trust Fund. Collateral requirements of banks holding City monies was approved by Ordinance 60, Series of 1976. RECOMMENDED ACTION Staff recommends Council approve the attached bill for an ordinance making changes to the City Code Title 4, Chapter 4, Sections 1 and 2. BACKGROUND, ANALYSIS, AND AL TERNATNES IDENTIFIED The City's Director of Financial Services, ex officio City Treasuw is charged with investing all monies not immediately needed for operating expenses. The wor1d of financial investment is constantly changing, so a flexible investment policy is required. Although the Council has reviewed changes to the City's Investment Policy in the past, no official action has bNn taken on the document as a whole. The City's investment policy is comprehensive, and lengthy. Therefore, this change does not incorporate the entire text of the Investment Policy no Code, but only makes reference to it in Tille 4, Chapter 1, Section 2 of the Code. The attached bill for an ordinance provides for greater flexibility, reduces time to adopt lengthy Code sactions, and requires Council to review and adopt the policy by resolution amually. FINANCIAL IMPACT None UST OF ATTACHMENTS Proposed bill for an ordinance I. • 0 1 32xl • ORDINANCE NO. _ SERIES OF 1995 • • . ' • BY AUTHORITY A BILL FOR CIIUNCIL BILL NO. 48 INTRODUC NBNUll /tM OIIDINANCE AMENDING TITLE 4, CHAPTER l, SBCl'IONS 1 AND 2, OF THE ENGLEWOOD MUNICIPAL CODE 1985 REQUIRING COUNCIL TO REVIEW AND ADOPI' AN INVESTMENT POUCY BY RESOLUTION ANNUALLY. WHEREAS, Ordinance 1, Series of 1975 authorized the City of Englewood to invest in interest-bearing obligations of agencies of the U. S . and repun:hase agreements were allowed; and WHEREAS, collateral requirements of banks holding City monies was approved with the pasaage of Ordinance No. 60, Series of 1976; and WHEREAS, Ordinance No. 46, Series of 1982 authorized the City's participation in share certificates; and WHEREAS, Ordinance No . 42, Series of 1990 authorized the City's participation in the Colorado Local Government Liquid Asset Trust Fund; and WHEREAS, the proposed amendments will provide for greater flexibility, reduce the adoption of lengthy Code sections, and require the City Council to review and adopt the policy by resolution annually; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS : 5es;tion 1. The City Council o( the City ol Enclewood, Colorado hereby amenda Title 4, Chapter 1, Sections 1 and 2, of the Enclewood Municipal Code 1985 to read as follows : 4-1-1 : DEPOSIT OF MUNICIPAL FUNDS : The Director of Financial Services, u officio City Treasurer, shall depoait all funds and monies of whatever kind that shall come into hi& po11e11ion by virtue of hi1 office as 1uch Director in the name of the City, in one or more re1pon1ible banlu located in the State of Colorado which have theretofore been approved and deai111ated by reaolution adopted by a majority vote of the City Council. 8• l,a11li er l,a11li1 lhall r.r11i1h • llepeli..., Nllli er shaJI Mpaai, i11 eaere• ap19raueel aee•Pilie• II •e•N a11, alleh "•11•1iil:. (1962 Code I 5.1; amd. Ord. 63 Series 1990) ...... •, I • • 0 '32xl • • • • 4-1-2 : INVESTMENT OF MUNICIPAL FUNDS: The Director of Financial Services, ex officio City Treasurer, shall invest all funds and monies not immediately needed for the operating expenses of the City, except for the Fire111e11 '11 FIREFIGHTERS Pension Fund, THE VOLUNTEER FIREFIGHTERS PENSION FUND, the Police OFFICERS Pension Fund, ttM the Gi&, 8111ple, ees' Pe111i1111 NON-EMERGENCY EMPLOYEES RETIREMENT PLAN Fund AND OTHER CITY EMPLOYEE RETIREMENT PLANS, 111 felleu . PURSUANT TO AN INVESTMENT POLICY WHICH SHALL BE ADOPTED BY COUNCIL RESOLUTION EACH YEAR. IL Oftihe 111a1tt) i11ueakd, net less t;hart tit\, pereeni (&9,.) lhall he i11,e1tiell i11. 1. Ra,uls er ether iRk:rest. heari11c ahligat.ia11e ef' ihe Y11iietl Sillies ef J.meriea. a. Re.1181 er at.her i11t,ere1, heari11c ahlipt.itt11s ef a,,:e11eie1 af the 1:J11iie8 St.tea er Ja111eriea. (Orll . 1 Series 19!75) 3 . Share eertifieetie1 far N. A11c1 aeeatlflt.9 iR 811) Staie er Federall) ehari.erefi •• u iflll a,ul laa11 a1Neiatiia11 i11 Calarada, ,,a,itlefl, heuueuer,..,.. saitl a11aeiat.ie11 is a 111e111her ef the Felleral 811, i11r;e 111111 l:.e1111 l111111r1111ee GeP11e•11tia11 (F8blG), 111111 fttrlher, dw the fell 11111e11111t ef e11eh 11eee11111t ia ill8111rell II, tile 111ill FSbIG , 111111 fttrther, dw the fttll 11111e11111t ef eaeh aeeen1:11t. is iPL111red h) t:he saiti FSL.IC and i11 SR) t.i111e eenifieeie ef elepeaii er aa ui11ga aeeattt1t. i11 aft) St:et,e. er "atio11al hat1k i" Calera&e i11 •hieh eertifieat.es ef tle,aai, er sa .ri11cs aeeatu1H are hill) iftsttre& h) ~ Fe&eral 9epeait. l11sttra11ee Ger,araiia11 er eee11re8 h, eallatieral seettrit:iea att"'arieeS 9' Celeratla la• ,heae ,at ,altte is at, least. a11e htt11tlretl peree11t. (l&K) aft.he tlepasit.s hel,I h, an, heRl1 i11 lhe Siatie efGala,a«la in ihe II.Mlle ef tine Git,. ~0,11 . u; Series 198a) 4. 9epa1ii1 es hieh are a elireet: olsli,:at.ia11 af tihe 8111k ef Galerafia er af 8ft) ea11ftt.) er aeheel diaeriet therei11 . 6 . Siatie afGeleratle, Steee Hi,:h•a:, F1111ti reseR11e a11tiiei,-eia11 uuarra1111 . &. Ra11tt1 whieh are a tlireet ,:e11eral ehlicaeio11 af 8ft) ei" a,ul ee11t1I) or i11ea,peraietl ei,, er tiauu11 i11 t.he 81e1,e efCeleNuie whieh ha1 e•i9Nti eo11,iR11e111l) aa a la,#Nl eorperat,ia11 far a peria4 ef ftR,ee11 ( 15 ) ) ears .,,iar M the 111alti111 af 111eh i11, e1t.Me11t.. 7 . Rep111reh11ae ag,"ee111e11,1 1111 tine 11"8, e see111riloie1 . (Orll . 1 Series 19!7i) 8 . The Colara«le beeal Sa,efftMtftl bit1t1ifl Afteet. TrttMi Ftttul . (9r«l. ,a Serie, 1998~ A. THE CITY SHALL DISTRIBUTE THE INVESTMENT EARNINGS AND LOSSES IN THE FOLLOWING MANNER: ON A MONTHLY BASIS, THE EARNINGS OR LOSSES SHALL BE DISTRIBUTED PROPORTIONALLY, BASED ON THE AVERAGE CASH BALANCE AVAILABLE FOR INVESTMENT IN EACH FUND. FUNDS WITH NEGATIVE CASH BALANCE WILL NOT SHARE IN EARNINGS OR LOSSES . R. Oft.he 111a11ie1 i11 ,eaM:fl , 1101 1110,e tiha11 AA.) ,er1e11t. (IK) 1hall he i11Ue1Nd i11 . l . Ner:etiahle eertiAeate, af tl e,eait ef al! I e111, (19) lar1e11 11at,iaRal N1tlt1 ehaflNreil 11ft8er lh e lauua af1he l,T11,i118 & .. 1e1 afhmeri•. "' - -.--............. ---..--.. ~, I r,, .. ... •, I • • 0 '32xl • • • a. Ga11u11ereial pa,er af t.he tm e11'=' ft, e UM ) Jarce•• eer191raiia111 ereatetl er eai1M111 •11tler t.he lauua eft,he tJ11it,et!l St:at,ea sr BIi) stale, fliet:Pift er t.ePPiN., eE.a.e l:J11it.etl 8tate1. 3 . &t•i19111e11• t.Nlia. la+: ar heMitr (railraatl), 8tentlartl • Peer'a, Maet1,·1. ,. llaelter'a aeee11ia11ee.1 . i. Repwehw apeeMeft• 011 ahe,e aeeltfiMe1. E9rel l 8etie1 18iTI) C. 8aij 9ire9'er ahall retallire eallaWJral aee11PiMea ahoae 111.,11,, ,al• ia • I_. a11e hmaeeli pea een, (IIIK) er•e liepa&&i'8 helli i,, -, MIila in •e s .... ef Qelaracle in •e 11ame ef ihe Gi.,. •e• eellaieral eeeePitiiea aha11 he ihaee ileai..,....t i11 a,.iele 71; tiW. N, ,I die 1973 Qalal'INia RelieM 8'8w'9e. (G,li. 69 SePiee 1976) 9. a\11 N1'14a af ... , Ci-, shall MlaPe i11 tihe i11iere1i i11e1111e eer11etl l,J i11, e1i111e11N .... it, t.he 9ireel0r, i11 lhe ,,apo,..ia11 tNlt Mleir reapeethe eaeh lsala11ee1 hear • the ...a eaah a,ailahle fer i11,e1t.111et1t tl11Piftg lite )tar. The Met.hN afeale11laii111 eeell 1Nlla11ee1 shall reAeei e11 e411itehle a,eratg'i11g af Mle hala11ee1 •• iiet.e""i11etl II, tne 9i,eeie,. i\11 i111e,e1• whieh wa11hl 11aP111all, he e,editell '8 tfte B,eeia) ,\9ee11111e11• P1111tl ahall he e,Nit.fMI • the Ge11e,al Fllllli. (GPli . I Series 1975, a1111i . G,11 . 63 Series 1999). Tabled on the 7th day of August, 1995. Introduced, read in full , and passed on first reading on the 21st day of August, 1995. Published as a Bill for an Ordinance on the 24th day of August, 1995. Thomas J . Bums, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucri s hia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed -on first reading on the 21st day of August, 1995. Loucriahia A. Ellis .. ..... • .. I • • 0 , xi RESOLUTION NO. _ SERIES OF 1995 ,. • • • A RESOLUTION ADOPTING AN INVESTMENT POUCY FOR THE CITY OF ENGLEWOOD. WHEREAS, the Enrlewood City Council authorized amendinc Title 4, Chapter 1, Seetiona 1 and 2 of the Englewood Municipal Code 1985 on Aupst 7, 1996; and WHEREAS, Title 4, Chapter 1, Seetiona 1 and 2 addres1 the investment policy and adminiatration of the City of Enciewood fund1; and WHEREAS, City Council ii to review and adopt a City investment policy annually; NOW, THEREFORE, BE lT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Scc;tion 1. The City Council for the City of Enclewood, Colorado hereby adopta the investment policy for City attached hereto u Exhibit A. ADOPTED AND APPROVED this _ day of------19915. Tbomu J. Bunaa, llayar ATTEST : Louc:riahia A. Elli1, City Clerk I, Loucriahia A. Ellia, City Clerk for the City aL Enclewood. Colorado, hereby certify the above ii a true copy of Resolution No._, Seri• of 19915. Loucri1hia A. Ellil .... - .. I . • 0 '32xl • • "' - . ,~ . ' • COUNCIL COMMUNICATION Date Agenda Item Subject August 21 , 1995 11 a ii Non-Emergency Employee Pension Fund Increase Initiated By I Staff Source Department of Financial Services Frank Grvglewicz, Director COUNCIL GOAL AND PREVIOUS COUNCIL ACTION • Ordinance 34, Series of 1969, established the Non-Emergency Pension Plan. • Ordinance 58, Series of 1975, eliminated employees' contributions and amended the method for calculating benefits. • Ordinance 11 , Series of 1983, amended the method for calculating benefits. • Ordinance 37, Series of 1987, restating the Plan. • Ordinance 56, Series of 1991 increased payment amounts to recipients and amending certain sections of the Plan to comply with tax law changes . • On May 17, 1993, City Council approved Ordinance 25, Series of 1993, providing for a five percent increase in benefits to retired members and beneficiaries. RECOMMENDED ACTION Staff recommends Council approve a three percent increase in benefits as of January 1, 1996 for retirees and beneficiaries whose payments commence prior to July 1, 1995. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On April 18, 1995, the Non-Emergency Pension Board requested a benefit increase adjustment study be performed by the William M. Mercer Company. On July 19, 1995 the Non-Emergency Pension Board voted to recommend to Council a three percent increase in benefits for retirees and beneficiaries as of January 1, 1996. Only those retirees and beneficiaries whose payments began prior to July 1, 1995 will receive this increase . FINANCIAL:. IMPACT The monthly benefit for non-emergency retirees ranges from $41.53 to $2,027 .40 per month. A three percent increase would raise monthly benefits from $1 .25 to $60.82 per month. The total cost would be $13,744 .80 per year. LIST OF ATTACHMENTS Proposed bill for an ordinance •• ... I . • 0 1 32xl • • • • • • BY AUTHORITY ORDINANCE NO. _ SERIES OF 1995 A BILL FOR . ' AM ORDINANCE AMENDING TITLE 3, CHAPl'ER 6, SECTION 7, SUBSECTION 7, OF THE ENGLEWOOD MUNICIPAL CODE 1985, INCREASING THE BENEFITS FOR RB'l'IRED MEMBERS AND BENEFICIARIES OF THE ENGLEWOOD NON- EMERGENCY EMPLOYEES RETIREMENT PLAN BY 3%. WHEREAS, the City Council approved Ordinance 34, Series of 1969, which established the Non-Emergency Pension Plan; WHEREAS, Ordinance No . 58, Series of 1975, eliminated employees' contributions and amended the method for calculating benefits to the Non-Emergency Pension Plan; and WHEREAS, Ordinance No . 11, Series of 1983, amended the method for calculating benefits; and WHEREAS, Ordinance No . 37, Series of 1987, restating the Non-Emergency Pension Plan; and WHEREAS, Ordinance No . 56, Series of 1991, increased payment amounts to recipients and amending certain sections of the Plan to comply with tax law changes; and WHEREAS, Ordinance No. 25, Series of 1993, was the last amendment which increased benefits to the retired members and beneficiaries of the Non-Emergency Employees Retirement Plan by 5%; and WHEREAS, effective January l, 1996, the monthly benefits of Retired Members and Beneficiaries whose payments commenced prior to July 1, 1995, shall be increased 3%; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF_ ENGLEWOOD, COLORADO, AS FOLLOWS : Sect;jop J. The City Council of the City of Enclewood, Colorado hereby cive• approval of a 3% increase for Retired Members and Beneficiaries by amendinr Title 3, Chapter 6, Section 7, Subsection 7, of the Englewood Municipal Code 1985, which shall read as follows : 3-6-7-7: INCREASED BENEFffS FOR RET1RED MEMBERS AND BENEFICIARIES: Effective July 1, 1993, all Members and Beneficiaries whose payments commenced before January l, 1993, shall receive a five percent (5'J&) increase in their pension payments subject to future acijustment u determined by the Board. (Ord. 25 Series 1993) • 1 • ...... - • ... I • • 0 '32xl i • • • • EFFECTIVE JANUARY l, 1996, ALL MEMBERS AND BENEFICIARIES WHOSE PAYMENTS COMMENCED BEFORE JULY l, 1995, SHALL RECEIVE A THREE PERCENT (3.,) INCREASE IN THEIR PENSION PAYMENTS SUBJECT TO FUTURE ADJUSTMENT AS DETERMINED BY THE BOARD. Introduced, read in full , and passed on first reading on the 21st day of Aucust, 1995. Published u a Bill for an Ordinance on the 24th day « August. 1995. ATTEST : Thomas J. Bum•. Mayor Loucriahia A. Elli•, City Clerk I, Loucriahia A. Ellia, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 21st day of August, 1995. Loucriahia A. Ellis -2- •. ' ,. - '• . ' • . ' I· • 0 - • • • • ' (. COUNCIL COMMUNICATION Data August 21, 1995 Agenda 11am 11 a iii ,.. Subject Pot Bellied Pig Ordinance INITIATED BY Safety Services STAFF SOURCE Deputy Director Olson COUNCIL GOAL AND PREVIOUS COUNCIL ACTION The goal is convnunity interaction. There has been no previous action on this issue. RECOMMENDED ACTION ,. - Approval of an ordinance amending Title 7, Chapter 1C, Sections 1 and 4 of the E.M.C. allowing for and regulating miniature/Vietnamese pot bellied pigs by issuance of a permit by an Englewood Animal Control Officer. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The ownership of pot bellied pigs as household pets has been incnNlling in popularity throughout the metropolitan area. Current language in the E.M.C. does not alow for the harboring of swine in the city limlls. Pot bellied pigs are, therefore, not allowed under the daftnition of swine. However, pot belied pigs are being viewed more in the nature of household pets as oppoeed to II\ 111Dck. By excepting pot bellied pigs under the definition of swine, and allowing for the permilling of a limited number of these animals, the community wil be best served . FINANCIAL IMPACT None. UST OF ATTACHMENTS Bill for an ordinance. .. ' . . . ' ' ' , .. •· • 0 - ' ., • • ,. • • Publiahecl u a Bill for an Ordinance on the 24th day of Aucuat. 1995 . ., Tbomu J . Buma, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrilhia A. Ellis, City Clerk of the City of Enclewood, Colorado, hereby certify that the above and forepiq is a true copy of a Bill for an Ordinance, introclw:ecl. read in full, and puaecl on first readinc on the 21st day of Auplt, 1996 . •. ' ,, -. , • . .. I. • 0 • • - ORDINANCE NO._ SERIBS OP 1996 • • • BY AUTHORITY A BILL FOR .. WHBREAS, there bu been increue in the popularity of miniature or VietnameN pot bellied pip u h0111eholcl pea; and WHBRBAS, th4lle miniature pip kept u peg INm to be more in the nature of a hoalebold pet than a Hftltock animal and lhoulcl therefore be allowed within die City of Bnpwood under certain conditions; NOW, TIIUBPORB, BS 1T ORDAINED BY TBB CITY COUNCIL OP THE CITY OP BNOLBWOOD , COLORADO, AS FOLLOWS: 8ectier J The City Council of the City of Bnalewood. Colorado hereby amends Title 7, Chapter lC, Semom 1 wl 4, of the Bnllewood Municipal Code 1981, allowiacfor aall nplatinc miniaa&relV'aemameu Pot Bellied Pip • peg to read • follows: 7-lC-1: DD1N1'1'10N8: ..... .. n , ..... Alllll:l:DOP8WDaWlllala~ ft AnltAIUll'l'TAIL AND IIIALL UIIII .AND WIIICIIIMflmDAT NO .._'DIAN• POIJNlla. .......... ~ .... llat_tl ...... 1111. -- ' • . ~ .. ' .. - • • • ,. COUNCL CO..UNICATION .,... Agendallffl Auguat 21 , 1995 11 a iv NTIATIDIIY Depertn,alt of Pubic WDrb COUNCL GOAL AND PREVIOUS COUNCL ACTION Reeolullon No. 78, S... of 1991 authorizing 1118 City 1D entar inlo a INN wlh Glalband, Inc., -~ on NcMmbel 18, 1991 . Council appnMd a mollon authorizing a INN wlh option lo purdae wiltl Glalbond. Inc. on February 18, 1992. MCOIIIIENDED ACTION Sllllf Neks Council llppl'OVIII of a Bil far an Oldll•ice authorizing 1118 ule of 1118 Federal Fire Station property localad at 4085 Soult! Federlll Blvd. MCKGOUND, WLYIIIS. AND ALTIRNA'IW GINIPED In 1111 1990, Cly Council inllnlc:tld ltaff lo 111'. r rMptt dllpollng of ....... praperty at 40II Soultl Federal Blvd. Sllblequent dllcuaiona ~ 1118 Cly NltJttrr,f, PuR:hMlng Aged. Cly ....... Pubic WDrb Dlraclol' and Council delalmllled .. .,.. lo---and accept Cllfflll(-bide fDr ...... of Illa ....... Apprlllula and envtl'olll'Mnllll ads ... palfolnlad.., oulllde tlrma. The property-Int IIIMl1INd fDr ule In .. Dair Joumll and .. Engluaad Hllllld In 1111.Mt and eatr Auguat.1991. Noblde ...... at .. A1111111t23, 1•1 bldopenlng. ........ lo .. Augult23bld openklg, Mr. Roger Kallay aubmlllad. ~ prapalll tar .. ......,. Councl and .... ~ ... nnrll• .. need ID~ and matat1118 propeitr "For S.. or Lwe" lo 11111n .. rm,,.,. proaaa. Adv9rllwnallll ... ~ on Januay 9, 11112. 'Two bide ... ......_. at .. February 4, 1912 bid opening • delalled below: ,_. Durmac Part! .... Glaabond, Inc. 611111a $12,301 .00 Cllh L8ae ya" 1 (1912) l.aae ya"2 (1993) i.-r--3 (11114) l.aae ya"4 (1915) $7,000 UGO 10,800 12.000 The purdlae option ca tar• Cllh price of 1157,ooo.oo If aaculad 1n yeas 1 or 2 and• p,tce of 1114,800.00 If ••culad In yeas 3 or 4. ; . . .. • • 0 • ,. - • . • .. • ... /1. ' ... ./ "200024m -POOJ88-0789 03/13/92 Oil~ MUIIIE 1'1111 IEDIO MIi& D11111, CD . · · E 10.00 Ill: .oo .. LEASE AND OPTION 111oc6404,Aet788 TIIIS INlll!NTUU, dMN ~-, 19 .92.._ , I& ... _ 'Dw Dt, of '-1wrd ..... ..-...- GI_, 1 lac m ....., n...-, O»Jo 1111D .. ., ...... _. ' I• C'OMklnlll..,. of 1he pay,nrnl cl 1hc rcnl and 1hr kttfN•I _. pnrc,;'aurc of 1M C'OWMlllls Md qree .. •1 t.,, die ...... htreiufkf ICI bth, 1hr lalllllnrd ,loo hl·rtlly JeaM: Hlo lhc Tc11a111, the Wlowi•I duct ibtd prcMi1n siluae la lhe ~ •cnn1,.., --6l:ll:liaL-1n1hc S.a1cnrc. .... 10.i1: Im 12:1z 11111m :.D::23 w 11• l.111 iat11 21 • at 1-12 • 23 .., da -. 25 fa& rif. 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IUJdU Ol!I DO·-· .cq...., I! ------------------.. , Oll7J •111 .... ..,. JO .. _., ... "'" .......... ;) •.....-a ............... ............ __ .... ,.._--..o ... _,_ .. _..,.._ ................. '--'""'11'_°'_ ... _...._...._,.._....,__.,...._.,_WJO""I_. ., ... ~..._ ......... "" . ..._ ... ---------""'.io.--"1 •!111!• ............ -............. , .... ...,... .... _,__. ---"'d ._ .. _ .. -........ ~,_...,...., ___ ..,.. ... ___ .. . _..,.... ... __ ,,...,_,__ 1 _..,._ .. -._. .. ,_ ___ _ ..... --·-... -...... O&-ONVOOOLS--.,nsa1WD-II.UCINV ........ _ .. _.,,.... ... _..,..._,,_ .. ,......, .. _._._ .......... __ _ ., ......... -, ....... _. .. _,_ . ._.. .... __ ...... _ _ ............ .....-.. ·----. ..... --·---~ ... _.. ... ,. __ .. _ .. . .... ' , I I • • 0 I r r:rl 1 32xl - ORDINANCE NO . _ SERIES OF 1995 • • • . ' BY AUTHORITY A BILL FOR r OOUIICIL BILL NO. 17 INTB0DUCE1l.J~CIL DIIBD c, .AN ORDINANCE Al11'110BIZING THE SALB OP~ CITY OP BN<Hfrooo FEDERAL FIRE STATION LOCATED AT 4065 SOUTH FEDERAL BOULEVARD. WHEREAS, on February 18, 1992 the Enclewood City Council authorized a lease with option to purchase of the Federal Fire Station located at 4065 South Federal Boulevard with Glasbond, Inc.; and WHEREAS, Glasbond, Inc. wishes to exercise the option to purchase; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: Ses;tipn 1. The City Council of the City of Enclewood. Colorado hereby authorizes the sale of the Federal Fire Station located at 4065 South Federal Boulevard to Glasbond, Inc. for the purchase price of $164,800. Ses;tipn 2. The Mayor is authorized to execute and the City Clerk to attest and Mal the Deed for and on behalf of the City of Englewood. Introduced, read in full, and passed on first readinc on the 21st day al Aupat. 1996. Published as a Bill for an Ordinance on the 24th day al Aupat. 1996. fliomas J . Bum1, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Enclewood, Colorado, henby certify that the above and fore,oinc is a true copy of a Bill for an Ordinance, introcluced, read in full, and paned on first readinc on the 21st day of Aupat. 1996. Loucrishia A. Ellis -I - .... ,,,_ .. I· • 0 , • • • • ' COUNCIL COMMUNICATION 1st~b-so~ilt::;tr~*fJti1::::·~ . . HarolcU Stitt , ····· · j · Plaauing AdmiuisttltcSr '. ·• ,,,.. /:· COUNCIL GOAL AND PREVIOUS COUNCIL ACTION: City Council Goal : Economic Development Previous Council Action: City Council considered this matter on first reading on July 3, 1995 . A Public Hearing on the proposed Planned Development was held on August 7, 1995 . As a result of testimony received at the Public Hearing, the Applicant was directed to revise the drainage plan so that all site drainage would be directed to South Lincoln Street or East Floyd Avenue and not to the alley. This modification has been made to the Planned Development. RECOMMENDED ACTION; City Council is requested to adopt a resolution approving the South Denver Medical Plaza Planned Development . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED; The subject site is zoned for 8-2, Business, and 8-1, Business . The west side of South Lincoln Street wu the former site of Covert Auto Body, and is currently undeveloped . The east side of South Lincoln is an undeveloped parking area . The proposal is to develop a 43,500 square foot, two-story, medical office building. Develop- ment of the site with the medical office building does comply with the Comprehensive Zoning Ordinance, and is consistent with the Generalized Land Use Section of the Comprehensive Plan . There is insufficient space on the site to provide all the required parking, and the proposal in- cludes development of a currently undeveloped parking area on the eut side of South Lincoln Street The applicant has also secured an agreement with the Archdiocese of Denver for use of a - [ '.")! 1' I •, .. I . • 0 1 32xl - • • • • .. parking lot on the south end of the block on the west side of South Sherman Street, which is used by St. Louis Church. The applicant has met with the Utilities Department and has resolved the issue of protection of the City Ditch u it crosses the subject site. If this Planned Development is not approved by the City Council, the site may remain vacant and non-productive. FINANCIAL IMPACTi The proposed development will generate income from Building Permit fees . Personnel working in the new development could generate additional sales tax revem1e from shopping local retail stores. New development will also increase property tax reYemlCS to the City . LJSI Of A'.[[ACIIMENTSi R.esolution Revised Site Plan . , • .. • I . . 0 ra' 'J2xl • • RESOLUTION NO . fi1_ SERIES OF 1995 '· • • I• • A RESOLUTION APPROVING THE 3299 SOUTH LINCOLN STREET PARTNERSHIP PLANNED DEVELOPMENT FOR THE SOUTH DENVER MEDICAL PLAZA WHICH WILL BE LOCATED AT 3299 SOUTH LINCOLN STREET IN THE CITY OF ENGLEWOOD, COLORADO . WHEREAS, the 3299 South Lincoln Street Partnership has submitted a planned development to allow the development of a 43,355 square foot, two story medical office building; and WHEREAS, the 3299 South Lincoln Street PartneTShip planned development is for property located in the area bounded by East Girard Avenue on the north, South Lincoln Street on the east, East Floyd Avenue on the south, and South Broadway on the west, which contains approximately 1.443 acres and is currently undeveloped; and • WHEREAS, the 3299 South Lincoln Street Partnership Planned Development is in a 8-1, and 8-2, Business District and is in compliance with the Planned Development regulations and is consistent with the intent and purpose of the Comprehensive Plan; and WHEREAS, the 3299 South Lincoln Street Partnership Planned Development was considered by the Englewood Planning and Zoning Commission and a Public Hearing was held on April 18, 1995; and WHEREAS, the Planning and Zoning Commission approved the application by the 3299 South Lincoln Street Partnership Planned Development for the South Denver Medical Plaza with certain conditions; and WHEREAS, a Reciprocal Parking Easement Agreement for shared parking between the Archdiocese of Denver and the Carahon, LLC has been signed; and WHEREAS , a License AgTeement with the City of Englewood Utilities Department has been signed as a section of a parking lot is located over the City Ditch and the City Ditch right-of-way; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, AS FOLLOWS: $ectjgp l. The City of Englewood City Council hereby approve• the recommendations of the Englewood Planning and Zoning Commiasion as to the Planned Development of the 3299 South Lincoln Street Partnership with the additional condition that the drainap from the northwest comer will be redirected, on site, to the south and into Floyd Avenue. 5eetiPD 2. A Public Hearing was held August 7, 1995 at 7 :30 P.M .. ADOPTED AND APPROVED this 21st day of August, 1995 . ATTEST : Loucri1hia A. Ellis, City Clerk ' • ... I • • 0 '32 x l - • • ,.. • • I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . _ Series af 1995. Low:riahia A. Ellis •, .. I. • 0 , ~.,)(I • ,. - ' ' 0 '" • .,• I . . 0 ' • . ' \ . ' • 0 ... • • • ,-.-------.· -.. -. - ' ' "" . " . . I . . 0 . ". 0 I • - • ' • -. ' 2 • ,,_:---- 0 • . : . . • • 0 ----- ' c • ; ,:_ ' I ' • ,. - . 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Wfa@ {J(JtL,~ -ii) y\) -- ~=-~ ~~ -. -;)) -• ' I . .. --I . • ..... • 0 ' ,. . • 0 ,. • • I . • 0 ' . . • ' ' " • • • t• • .. ... Scptanber S, 199S ENGLEWOOD CITY COUNCll. Regular Meeting ,, - • • 0 ' \ I r," trJ . ' • . .. I . . 0 1 32xl