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HomeMy WebLinkAbout2016-09-06 (Regular) Meeting Agenda Packet/ ~Englewood 1000 Englewood Pkwy -Council Chambers Englewood, CO 80110 1 . Call to Order. 2 . Invocation . 3 . Pledge of Allegiance . 4. Roll Call. 5 . Consideration of Minutes of Previous Session . AGENDA Regular City Council Meeting Tuesday, Sept. 6 , 2016 •7:30 p.m . a. Minutes from the Regular City Council Meeting of Aug. 15, 2016 . 6. Recognition of Scheduled Public Comment. The deadline to sign up to speak for Scheduled Public Comment is Wednesday , prior to the meeting, through the City Manager's Office . Only those who meet the deadline can speak in this section . (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification , but there will not be any dialogue. Please limit your presentation to five minutes .) a. Ida May Nichol , Englewood resident, will address Council regarding the new City management. b . Kathleen Bailey, Englewood resident , will address Council regarding Allen Water Plant residuals . c. Doug Cohn, Englewood resident, will address Council regarding historic preservation. d . Robert Ellstrom, Englewood resident, will address Council regarding administrative issues. e . Patricia Ross, Englewood resident, will address Council regarding the City Attorney. 7. Recognition of Unscheduled Public Comment. Speakers must sign up for Unscheduled Public Comment at the beginning of the meeting . (This is an opportunity for the public to address City Council. There is an expectation that the presentation will be conducted in a respectful manner. Council may ask questions for clarification , but there will not be any dialogue . Please Please note: If you ha v e a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405 ) at least 48 hours in ad v ance of when services are needed . limit your presentation to three minutes. Time for unscheduled public comment may be limited to 45 minutes, and if limited, shall be continued to General Discussion.) Council Response to Public Comment. 8 . Communications, Proclamations, and Appointments . 9. Consent Agenda Items a. Approval of Ordinances on First Reading . b. Approval of Ordinances on Second Reading. c. Resolutions and Motions . 10 . Public Hearing Items . a. Council Bill 29 -Public hearing for the Sand Creek PUD . Staff: Planner II Audra Kirk 11 . Ordinances, Resolutions and Motions. a. Approval of Ordinances on First Reading . b. Approval of Ordinances on Second Reading. i. Council Bill 30 -Approve a bill for an ordinance approving ballot language for a General Obligation Bond. Staff: Finance and Administrative Services Director Kathleen Rinkel c . Resolutions and Motions. i. Parks, Recreation and Library staff recommends that Council approve , by motion , the purchase of fitness equipment for the Englewood Recreation Center in the amount of $122,729.65 from Technogym. Staff: Recreation Services Manager Joe Sack ii. Parks , Recreation and Library staff recommends that Council approve, by motion , the purchase of fitness equipment for the Malley Senior Recreation Center in the amount of $51,262.35 from Technogym . Staff: Recreation Services Manager Joe Sack iii . Staff recommends Council approve, by resolution, the Collective Bargaining Agreement between the EPBA and the City of Englewood for 2017 through 2018 . Staff: Assistant City Manager Murphy Robinson iv . Staff recommends Council approve a resolution submitting to a vote of the registered electors of the City of Englewood in the November 8, 2016 , election, a Please note: If you ha ve a disability and need auxiliary aids or services, please notify the City of Englewood (303-762-2405) at least 48 hours in advance of when services are needed. ,• question regarding prohibition on the retail sale, commercial cultivation and manufacture of recreational marijuana within the City limits of Englewood, Colorado. Staff: City Clerk Lou Ellis v . Staff recommends Council approve a resolution submitting to a vote of the registered electors of the City of Englewood in the November 8, 2016, election, an issue authorizing the City of Englewood to impose a sales tax on retail marijuana within the City limits of Englewood, Colorado . Staff: City Clerk Lou Ellis vi. Staff recommends Council approve a resolution submitting to a vote of the registered electors of the City of Englewood in the November 8, 2016, election, a question permitting the regulation and licensing of retail marijuana stores within the City limits of Englewood, Colorado. Staff: City Clerk Lou Ellis vii. A resolution approving compensation for the Acting City Attorney . 12. General Discussion. a. Mayor's Choice. b. Council Members' Choice. 13. City Manager's Report . i. Allen Filter Plant Update . ii. City Council facilitated retreat with Leaders' Edge . 14 . City Attorney's Report . 15 . Adjournment. Please note: If you have a disability and need auxiliary aids or services , please notify the City of Englewood ( 303-762-2405 ) at least 48 hours in adv ance of when services are needed. Collaboration with the Englewood Historic Preservation Commission o Advocate history programs that encourage community involvement, and education. o Develop educational programs in the Englewood Public School system focusing on the historic accomplishments of Englewood and the surrounding area. Doug Cohn has been sending history series to the Englewood High School for "The Pirateer Newspaper'' with the idea of interesting the journalism students in writing Englewood History. Three of our members have taken early Englewood history into one of the elementary schools and introduced it to 2nd graders. Our goal in the future is to continue the education to older elementary children and instill love and interest in our local history. • Research and design a historic bicycle and/or walking tour. Copies of the Englewood History Tour given to you, are just a sample that our society came up with shortly after we began our lectures. There are more historic buildings and areas to showcase with historic markers and some with a memorial such as; the nine citizens who died in the Alexander Film Fire. o Coordinate, provide and archive historic lecture series for the general public. We have been providing interesting educational history lectures monthly to the general public since May 2012. Out of one of our recent programs showcasing the famous Englewood Speedway; folks held a successful reunion in the Elks parking lot on August 28th 2016. Approximately 1200 people participated throughout the day. We also have a Historic Society Website and we send out monthly newsletters with historic articles and upcoming events. Our future goal is to archive Family History involving our citizens. • We need to establish a History Museum. History tells us a story and has enormous power in bringing the past before our eyes, as if it were the present. To establish a History Museum, our legacy is an interconnection across time with a need for those who have come before us and a responsibility to those who come after. A history museum encompasses past and future, old and young and brings a caring for history. "Me becomes We" We, the Englewood Historic Preservation Society are so appreciative with all that is happening with our history in the past two years working with our City Manager Eric Keck, and in the library with Dorothy Hargrove, who started by giving us the opportunity to have a display in the library window. We are very excited about the potential of working with the Museum of Outdoor Arts and Cahoots in creating a quality display of Englewood History. The opportunity to work together with the Historic Preservation and Library Commissions would be like dream come true and welcomed. We are grateful to you the City Council, our City Manager Mr. Keck and Dorothy Hargrove, for this opportunity. Thank you. Ida May Nicholl 09/06/16 City Council Meeting Dear Honorable Mayor and City Council Members, First, I wish to thank you . Immediately after my direct plea for your help on 8/29/16, I received 75% of what I had initially requested back on 8/16/16. However, I am still awaiting the ACZ 2010 Englewood sludge analysis Report and ask your oversight to make sure this is provided to me. Tonight I am here to again seek help Directly from City Council. I have painstakingly over multiple 3 and 5 minute segments, presented to City Council significant Englewood sludge data analysis evidence, Englewood report evidence, State CDPHE evidence, all demonstrating the increased concentrations of radioactive radionuclides in Englewood AWFP sludge in the years 2009, 2010, 2011, & 2012 which preceded the AWFP Employee's cancer diagnosis in subsequent years of 2012, 2013, & 2015. I have dismantled two false "expert" evidence reports presented by Mr. Keck and Mr. Brennan -which were all but waived before us by Mr. Gillit in support of their claim that there was no carcinogenic cancer risk posed by the AWFP sludge. I believe there is a direct relation between the incidents of the AWFP employee's cancer diagnosis in 2012, 2013, and 2015 and the unprotected radiation dose exposure they received from the increase in radioactive concentrations of the radionuclides in the 2009, 2010, 2011, and 2012 sludge and the stockpiling. I also believe that because of the following experiences and others with City Management - 1) Misleading use of the 02/28/12 COM letter in the 04/01/16 Talking Points for concerned citizens prepared by Mr. Brennan and sent to City Council by Mr. Keck. 2) Selection of inapplicable CIRSA reports to send to Dr. Gibb to be used as the basis to determine carcinogenic cancer risk to the AWFP employees and the sludge for his 7/25/16 report. 3) Failure to run a RESRAD to assess new radiation dose risk in 2010 or 2011 when radionuclide concentrations were shown in the 2009 and 2010 ACZ sludge analysis reports to be significantly higher than those values used in the 2007 Risk Assessment. 4) Continued choice not to run a RESRAD to identify the radiation dose risk to their employees even after the CDPHE identified high 2010 Radium values in their 3/28/12 Letter, and requested that Englewood run a RESRAD. S) Decision to Stockpile sludge that contained concentrations of radionuclides at levels identified as requiring disposal in a Hazardous and Radioactive approved landfill, while Englewood did a study to try to find a cheaper means of disposal -then the price for disposal at Clean Harbor/Deer Trail. 6) Fact that Mr. Brennan did not think twice to send to me the same CIRSA random one or two day assessments of mold or mildew and an of two individual's work stations as evidence that a "Human Health Risk Assessment" had been done during the period in question, knowing full well the difference between a CIRSA Human Health assessment and a RESRAD Human Health Risk Assessment . 7) The Vocalized statements made by both Mr. Keck and Mr. Gillit declaring the radiation risk from Englewood Sludge is no greater than that from living in a brick home, as well as publicly using the fact that one worker at the plant has worked with the sludge for over 20 years and has not developed cancer as evidence of no risk; 8) That to date no onsite worker Risk assessment has voluntarily been done since 2007; 9) The Recent RFP for 3rd party analysis of the AWFP Residuals Management Process-posted for bid 08/19/16. -That I can no longer have faith that Stu Fonda, Tom Brennan, Mr. Keck, Mr. Murphy, and possibly our acting City Attorney (unless they did not run the talking points or Gibb's report and everything else they do by him) can be trusted to work towards possibly revealing a Liability they may face if the unprotected Radiation Dose Risk to our AWFP workers during this specified period is identified. I have remained consistent and clear -in order to determine if there was an increased unprotected radiation dose risk to the AWFP Employees during the high concentration Radionuclides years of 2009, 2010, & 2011, that A RESRAD Onsite Worker Scenario utilizing ACZ's complete Sludge Analysis Reports for those three years, needs to be run. I am asking City Council to direct Mr. Keck and Mr. Brennan to do this specified RESRAD. In addition, I have just recently identified the appropriate "Off Site Scenario" (offsite dwelling) and ask that a RESRAD also be run for that Off Site Scenario in addition to and along with the Onsite Worker Scenario -to also identify offsite dose risk for adjacent residences of the Plant . If Englewood is unwilling to do this "specified" RESRAD analysis for those identified years, I and our group are working to find alternatives to arrange to get this done . But I need the remaining ACZ 2010 Englewood Sludge Analysis Report . And I need your help to see to it that City Management and Plant Management collect a copy of this ACZ 2010 Englewood Sludge Analysis Report from ACZ and provide a complete copy of that ACZ 2010 Englewood Sludge Analysis to me . Englewood citizens and plant employees need this resolved honestly, accurately, openly. Until a RESRAD Human Health Risk Assessment "Onsite Worker Scenario" is run for those specified years to identify and evaluate the unprotected radiation dose exposure the workers were exposed to during the high concentration Radionuclides in years of 2009, 2010, & 2011, our questions cannot be answered. And, please help me collect from Englewood the remaining 2010 ACZ Englewood Sludge Analysis Reports within the next two weeks. Thank you, Kathleen Bailey Date: Sept 6, 2016 To: Council From: Coween Dickerson 2835 S. Pennsylvania St Englewood, CO Re: "new hire" City Attorney, Dugan Comer elevated to interim City Attorney I am pained to have to say the following, because I like Mr. Comer. When Council members were considering hiring a City Attorney, it was apparent that Dugan Comer was not qualified for the position, nor did he have the skill set, revealed obviously in his performance and lack of competence, or you would have hired him. The person you hired, while apparently well qualified and well liked, is not likely to come on board before January, if then. My concern is if she is so well qualified, she is keeping track of what is going on, and will refuse to jump into the sewage that Comer's brief stint at acting City attorney has plunged the City. One such notable example of incompetence is Comer's approval of unauthorized actions by the med mj board. His subsequent approval of ordinance proposals by that Board smacks of collusion and bias . The most recent example of questionable competence which has come to light is the multi million class action lawsuit because of his heavy handed and contradictory direction to the police to "enforce" Amendment 34 on specious legal grounds. a. It is politically correct to brand all "sex crime convicts" as dangerous and ban or evict them without regard to facts, but legally and objectively, few sex offenders required to register are dangerous in any respect. b. Wholesale evictions are not supported by the recent Co Supreme Ct decision, nor in the best interests of the rights and safety of citizens. The May 19, 2016 is the holding decision. The City's appeal to the Co Supreme Court was DISMISSED by 10th Circuit Ct on MOOTLESS grounds. c. Comer even went so far as to forcefully assert that no one could tell the police what ordinances and laws to NOT enforce, but that contradicts the fact that he has so directed police to not enforce certain state laws and ordinances and to enforce others. d. Comer authored/approved the specious and illogical July 1 notice to "sex offenders", which misstated the Jan 2016 Co Supreme Court decision. These are but a few of the notable instances of incompetence. Comer does not qualify for the job. Do NOT reward incompetence with the title and do NOT give him a raise. DO hire a competent municipal legal firm until the new hire comes on, to handle ALL City attorney functions. PROOF OF PUBLICATION City of Englewood, Colorado Official Website www.englewoodgov.org I, Loucrishia A. Ellis, City Clerk, for the City of Englewood , do solemnly swear that the attached legal notice (Notice of Public Hearing on September 6, 2016 to receive citizen input on Council Bill No . 29 a bill for an ordinance approving the Sand Creek Planned Unit Development (PUD) Amendment No. 1 and the Iron Works Village Site Plan) was published on the Official City of Englewood Website from August 17 , 2016 through September 6, 2016 . State of Colorado SS County of Arapahoe Subscribed and sworn to before me on this 61h day of September, 2016 . My Commission Expires : /J1r11U/vl , W/9 , SEAL --------... ~~ ... ,,. STEPHANIE CARLILE NOTARY PUBLIC STATE OF COLORAOO ,. NOTARY 10 201640,0326 "~ MY COMMISSION EXPIRES MARCH 12, 20~ '· · • -------------.~~'·. CITY OF ENGLEWOOD NOTICE OF PUBLIC HEARING SEPTEMBER 6, 2016 Notice is hereby given that the City Council of the City of Englewood, Colorado, has scheduled a Public Hearing at a Regular City Council Meeting on SEPTEMBER 6, 2016, at 7:30 p.m. in the City Council Chambers of Englewood Civic Center, 1000 Englewood Parkway, regarding the proposed Council Bill No. 29 approving the Sand Creek Planned Unit Development (PUD) Amendment No. 1 and the Iron Works Village Site Plan. Interested parties may express opinions in person at the Public Hearing, a sign-up sheet will be available at the door, or in writing to be received by the City Clerk by 5:00 p.m. on September 6, 2016. By order of the Englewood City Council Loucrishia A. Ellis, MMC City Clerk, City of Englewood 1000 Englewood Parkway Englewood, Colorado 80110 PUBLISHED: August 17, 2016 Official Website of the City of Englewood, Colorado Colorado Community Media 9137 Ridgeline Blvd., Suite 210 Highlands Ranch, Co 80129 AFFIDAVIT OF PUBLICATION State of Colorado County of Arapahoe )ss This Affidavit of Publication for the ENGLEWOOD HERALD , a weekly newspaper, printed and published for the County of Arapahoe, State of Colorado, hereby certifies that the attached legal notice was published in said newspaper once in each week, for 1 successive week(s), the last of wbjch publication was made the 18th day of August A.D., 2016, and that copie ~1!!~~'e11ch number of said I 'J;!jlllll11i'I• paper in which said Public Notice was published were delive ~e'.a '~~ carriers or transmitted by mail to each of the subscribers of said pape ~·~~~)!''~ to their accustomed mode of business in this office. For the Englewood Herald State of Colorado "' ., } County of Douglas ::~;:1 :''} 'l'.!!:i:·: ' .,,!·' The above Affidavit ari~ Certifica . ":/Publication was subscribed and sworn to before by the above ~1~tned Geratd Healey, publisher of said newspaper, who is personally knowft_ to me to be the identical person in the above certificate on the 18th da/9f ,August A.D., 2016. Gerard Healey has verified to me that he has adopted an electronic signature to function as his signature on this document. i~ Notary Public My commission ends December 18, 2019 HEATHER L. CROMPTON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154048391 Commission expraaon date: December 18, 2019 Public Notice , CITY OF ENGLEWOOD · NOTICE OF PUBLIC HEARING l, SEPTEMBER 6, 2016 . Notice Is hef&i;y ghie~ that the CllY Council of the City of· Englewood, Colorado, has scheduled a Public Hearing ~I .a Regular Clty Councll Meeting Qn SEPTEMBER 6,,2016, at 7:30 p.m. In the City· Council Chambers of Englewood Civic Center, 1000 Englewood Parkway, regarding. the proposed Council Bill No: 29· approving the· Sand Creak · Planned:.Unlf Oeveiopment (PUDJ Amendment Nd; 1 and the Iron Works · Village Sita Plail.. lntSrested' parties rn•Y exp"'1's qplnlo11s In person et. · the Public Hearing, a sign-up sheet · wlU be available etthe door,. or in writing to be re.ceived by the·Clfy .Clerk by 5:00 p,m, on September 6;" 2016,. ·. . By order of Iha Englewood City Counc!(' Loucrishla A. Ellui, MMC . . City Clerk, City of Engle\V(!i>d 1000 Englewood Parkway Englewood, CQlorado 80110 Legal Notice No.: S7931 .. First Publication:. August f 8,. 201 '6 Last Publication:· August 18, 2016 Publisher: The Englewood Herald . and the Littleton Independent Colorado Community Media 913 7 Ridge line Blvd., Suite 210 Highlands Ranch, Co 80129 AFFIDAVIT OF PUBLICATION State of Colorado County of Arapahoe )ss This Affidavit of Publication for the ENGLEWOOD HERALD , a weekly newspaper, printed and published for the County of Arapahoe, State of Colorado, hereby certifies that the attached legal notice was published in said newspaper once in each week, for 1 successive week(s), the last of w~ch publication was made the 18th day of August A.D., 2016, and that copie,~ii:~I: ;' ach number of said paper in which said Public Notice was published were deli transmitted by mail to each of the subscribers of said paper accustomed mode of business in this office. For the Englewood Herald State of Colorado '!> County of Douglas The above Affidavit a C~riifica bf.Publication was subscribed and sworn to before by the above :nafued Geratd Healey, publisher of said newspaper, who is personally know'.rt . to me to be the identical person in the above certificate on the 18th day 1 bf August A.D., 2016. Gerard Healey has verified to me that he has adopted ,~fi electronic signature to function as his signature on this document. A~ Notary Public My commission ends December 18, 2019 HEATHER L. CROMPTON NOTARY PUBLIC STATE OF COLORADO NOTARY ID 20154048391 Commission expraaon date: Dec8nlb<r 18, 2019 Public Notice ". CITY OF ENGLEWOOD . NOTICE OF .PUBLIC H~RING 1 · SEPTEMBER 6, 2016 Notice Is hereby give~ lhllt Iha CltY Council of the City of Englewood, Colorado, hae sche.duled a Public Hearing '!t .a Regular City Council Meeting on $EPTEMBER.6, 2a1e, at 7:30.p.nl •. ln·the. City Council Chambers ·of Englewood clviC Center, 1000 Englewood Parkway, regarding the proposed Council Biii No, 29" approving the Sand Ci'eek· ; Planned; Unit Development (PUD) c· Amendment No; 1 and the lfon Worl<S Viilage Site Plan. Interested. parties· may expr.,.s <iplnlons In parson at the Public Hearing, a sign-up sheet will be available at the door, or In writing to be received by lha ·Clty .Clark by 6:00·.p•lll• orrSaptainbar 8; 2016 •. By order of Iha Engl!'Wood City counc!I Loucrishla A. Ellis, MMC City Clerk, City of Engl~wciori · · 1000 Englewood Parkway Englewood, Colorado 801 ,10 Legal .Notice N~.: 57931 ;. First Publication :.August 18,.2016 · · Last Publication: August 18, 2016 Publistier: The Englewood Herald , and the Littleton Independent .. • COUNCIL COMMUNICATION DATE : AGENDA ITEM: SUBJECT : Public Hearing for Ordinance September 6, 2016 10a approving the Sand Creek PUD Amendment and Iron Works Site Plan INITIATED BY: STAFF SOURCE : Audra L. Kirk, Planner 11 Community Development PREVIOUS COUNCIL ACTION Council approved the Sand Creek Planned Unit Development (PUD) District on February 4, 2013. Council approved the Sand Creek Planned Unit Development Amendment and Iron Works Site Plan on first reading on August 15, 2016 , and scheduled a Public Hearing for September 6, 2016. RECOMMENDED ACTION Staff recommends that Council consider testimony during the Public Hearing on Council Bill No. 29, approving the Sand Creek Planned Unit Development Amendment and Iron Works Site Plan . BACKGROUND The Sand Creek PUD parcel is 10 .55 acres and was formerly occupied by the General Iron Works • (GIW). Regional Transportation District (RTD) acquired the northern portion of the GIW parcel for its maintenance facility in 2002 . Sand Creek acquired the southern portion of the GIW parcel in 2010. These parcels have been zoned industrial since zoning was first adopted in 1940 . • The PUD is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within existing zoning development regulations. A PUD rezoning provides the opportunity for unified development control for multiple properties or multiple uses and is composed to two major elements : a District Plan and a Site Plan. The District Plan provides the regulatory framework within which development may occur and the Site Plan provides for the spatial distribution of land uses within the proposed development. The Sand Creek PUD District Plan incorporated the Permitted Principal Uses of the original underlying 1-2 General Industrial District with the addition of multi-family residential uses. It further stipulated that site plan approval for industrial , office or retail uses may be processed administratively , whereas, residential development must have the site plan reviewed and approved by the Planning and Zoning Commission and City Council. PUD OVERVIEW The Sand Creek PUD Amendment is proposing the following: 1. Single Family Detached House Lot Lot Size : 26' X 72' Typical Maximum Lot Coverage (Including Covered Porches and Garages) 60% Building Height: 42' Maximum Maximum Front Setback to Covered Porch : 4' Minimum Front Setback to Principal Building: 8' Minimum Side Setback to Covered Porch On Side Street: 4' Minimum Side Setback To Principal Building On Side Street: 8' Minimum Side Setback: Rear Setback: Setback at Side to Rear Transition Curve (at alley intersections) 2. Duplex Lot Lot Size: 46' X 72'Typical , 51' X 72' On Street Corner 3' Minimum 4' Minimum 3' Minimum Maximum Lot Coverage (Including Covered Porches and Garages) 80% Building Height: 42' Maximum Front Setback to Covered Porch : 4' Minimum Front Setback to Principal Building : 8' Minimum Side Setback to Covered Porch on Side Street: 4' Minimum Side Setback to Principal Building on Side Street 8' Minimum Side Setback : O' or 3' Minimum Rear Setback: 4' Minimum Setback at Side to Rear Transition Curve 3' Minimum (at alley intersections) 3. Townhome Lot Lot Size : 20'x45' or 16'x45' Typical, 30'x45' on Street Corner Maximum Lot Coverage (Including Covered Porches and Garages) 85% Building Height 42' Maximum Front Setback to Covered Porch: 4' Minimum Front Setback to Principal Building: 6' Minimum Side Setback to Covered Porch on Side Street: 4' Minimum Side Setback to Principal Building on Side Street: 8' Minimum Side Setback: O' or 3' Minimum Rear Setback: 4' Minimum Setback at Side to Rear Transition Curve 3' Minimum (at alley intersections) 4. Condominiums Lot Size: Varies Maximum Lot Coverage (Including Covered Porches and Garages) 60% Bui I ding Height: 55' Maximum Front Setback to Covered Porch at Street: 4' Minimum Front Setback to Principal Building at Street: 12' Minimum Side and Rear Setback at Alley: 3' Minimum Side and Rear Setback : 1 O' Minimum 5. Parking The current Un ified Development Code (UDC) requires 1.5 parking spaces per unit, plus 1 guest space per 5 units. The proposed development would require 232 parking spaces . The applicant is proposing a tota l of 313 parking spaces. Of the 313 parking spaces , 64 spaces are on-street parking. The UDC does not allow on street parking to be counted toward the required parking, however, the streets within the Sand Creek PUD Amendment are private streets, and therefore will count toward total parking required. However, if the on street parking was not included , the total number of provided spaces would be 249, which would exceed the amount currently required by the UDC . 2 . ' • • • • • • 6. Landscaping The UDC has different landscaping requirements based on the project type. A single family or multi-unit dwellings (2 to 4 units) requires 40% landscaping. A multi-unit project with more than 4 units requires 25% landscaping. Due to the scope and variety of types of housing, (single family, multi-family) it is difficult to compare the proposed landscaping to the required landscaping under the current UDC . However, as outlined in the table below , the applicant is proposing to provide landscaping that is closer to the single family (40%) requirement than to the multi-family (25%) requirement. Required trees Required shrubs One unit dwelling or Multi-unit dwelling (2 236 1475 to 4 units) 40% Multi-unit dwelling (more than 4 units) 147 922 25% Proposed minimum landscaping 235 1000 7 . Public Land Dedication: The park fee in-lieu fee for the development will be $52 ,435 .00 FINANCIAL IMPACT The Sand Creek PUD Amendment and Iron Works Village Site Plan will generate building permit, use tax and park fee in lieu revenue as well as new property tax . LIST OF ATTACHMENTS The Sand Creek PUD Amendment and Iron Works Village Site Plan Planning and Zoning Commission Staff Report Planning and Zoning Commission Minutes Planning and Zoning Commission Findings of Fact Neighborhood Meeting Minutes dated March 15, 2016 Bill for Ordinance 3 • • • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO. 29 INTRODUCED BY COUNCIL MEMBER ------- A BILL FOR AN ORDINANCE APPROVING THE SAND CREEK PLANNED UNIT DEVELOPMENT (PUD) AMENDMENT NO. 1, AND THE IRON WORKS VILLAGE SITE PLAN. WHEREAS, the City of Englewood City Council approved the Sand Creek Planned Unit Development (PUD) with the passage of Ordinance No. 5 Series of 2012/2013, which required that prior to any residential development a site plan for the residential development would need approval from the Planning and Zoning Commission and the Englewood City Council ; and WHEREAS, the City of Englewood City Council approved the Foundry Site Plan of the Sand Creek Planned Unit Development (PUD) located on the South East Portion of the Sand Creek PUD with the passage of Ordinance No. 2, Series of 2015 /2016; and WHEREAS, BLVD Builders filed an application for an amendment to the 2012/2013 Planned Unit Development to allow single family residential units in addition to the already approved multi- family residential units; and WHEREAS, this Amendment No. 1, would allow single family residential units in addition to the already approved multi-family residential units; and WHEREAS, pursuant to 16-2-8(!)(1) E.M.C., major modifications to a P.U.D . District plan must be approved pursuant to the same limitations and requirements by which such Plan was originally approved; and WHEREAS, the Englewood Planning and Zoning Commission held a Public Hearing on July 16, 2016, reviewed the Amendment of the Planned Unit Development and recommended approval of this Sand Creek Planned Unit Development Amendment No. 1 -and Iron Works Village Site Plan. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. The City of Englewood City Council has reviewed Amendment No. 1-and Iron Works Village Site Plan to the Sand Creek Planned Unit Development and pursuant to 16-2-8(!)(1) E.M.C . finds that the Planned Unit Development (P.U.D .) Amendment No. 1 is in conformance with the approved Planned Unit Development requirements . 1 Section 2. The Englewood City Council finds that all required documents, drawings, referrals, recommendations and approvals have been received. Section 3. The Englewood City Council finds that the amended P.U.D. and site plan is consistent with adopted and generally accepted standards of development within the City. Section 4. The amended P.U.D. site plan is substantially consistent with the goals, objectives and policies and/or any other ordinance, law or requirement of the City. Section 5 . The City Council of the City of Englewood, Colorado hereby approves Amendment No. 1 to the Planned Unit Development for the Sand Creek-and the Iron Works Village Site Plan, attached hereto as Exhibit A. Introduced, read in full, and passed on first reading on the 15th day of August, 2016 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 18th day of August, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 17th day of August, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST: Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of a Bill for an Ordinance, introduced, read in full, and passed on first reading on the 15th day of August, 2016. Loucrishia A. Ellis 2 • • • • t) • ~ ~ ~ ~ ~ • ~ { li "' i " " ~ ~ I • ~ ;; E ~ l ~ ~ ~ " ~ SAND CREEK PUD AMENDMENT IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO LEGAL DESCRIPTION LOT 2, BLOCK 1, GENERAL IRON WORKS SUBOIVtSION FILING NO. 2, LOCAlEO IN THE NORTH\l\EST QUARTER OF THE NORTH'v'VEST QUARTER OF SECTION 34 , TO\M'llSHIP 4 SOUTH, RANGE 68 \'VEST OF THE SIXTH PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 28, 2016 AT RECEPTION NO. 06030247, COUNTY OF ARAPAHOE , STATE OF COLORADO PROJECT BACKGROUND THE SUBJECT PROPERTY tS COMPOSED OF ONE PARCEL, LOCATED EAST OF THE BURLINGTON NORTHERN SANTA FE RAILROAD, NORTH OF WEST BATES AVENUE ANO WEST OF EAST ELATI STREET. THE FOUNDRY APARTMENTS ARE ON AN ADJACENT PARCEL TO THE SOUTHEAST OF THE SUBJEO PROPERTY. THE TOTAL AREA IS AP PROXIMATELY 8.47 ACRES, OR 369,089 SQ. FT. TliE SrTE, WHICH lS CURRENTLY OWNED BY SANO CREEK ltNESTORS, UC, IS CURRENTLY ZONED PUD PURSUANT TO THE REQUIREMENTS AND LIMITATIONS OF THE SANO CREEK PUC, WHICH WAS APPROVED BY THE CJTY Of ENGLEWOOD ON MAY 9, 2013. THE SAND CREEK PUO AUOWS FOR 1-2 USES ANO ADDED MULTl-fAMILY USES AND DEVELOPMENT STANDARDS THAT ARE APPROPRlAT£ ANO CONFORMING TO THE SURROUNDING USES IN THE AREA. THE SITE HAS BEEN G..EANEO UP DUE TO HISTORIC IRON WORKS ACTIVITIES ON THE PROPERTY. ADDITIONAL CLEANUP WIU OCCUR AS PART OF THE DEVELOPMENT PROPOSED IN THlS PUC AMENDMENT. THE PUC AMENDMENT WIU INTRODUCE ZONING ANO DEVELOPMENT STANDARDS THAT Will ALLOW FOR AND PERMIT SINGLE FAMILY AND DUPLEX RESIDENTIAL DEVELOPMENT, IN ADDITION TO REFINING THE EXISTING STANDARDS FOR MULTI-FAMILY USES ANO DEVELOPMENT STANDARDS. THE PLANNED UNIT DEVELOPMENT AMENDMENT APPLICATION Will BE PROCESSED PURSUANT TO THE APPLICABLE QTY REGULATIONS. PUO DEVELOPMENT SUMMARY ) 1 !" l/) 0 rT1 rT1 r r )> ::E )> )> :::! ,, l/) rT1 :-< (/) :--< !" " !" )> r -., )> 0 " x )> " (/) 0 :--< l/) :-< VICINITY NAP ( NOT TO SCAlf ) THE APPLICANT PROPOSES TO DEVELOP 136 FOR-SALE RESIDENTIAL UNITS IN THE FORM OF CONDOMINIUMS, TOWNHOMES. DUPLEXES AND SINGLE FAMILY HOMES. PARKING SHALL BE MOSTLY PROVI DED IN GARAGES ATI ACHED TO THE HOMES . VEHICLE ANO BICYCLE PARKING SHALL BE PROVIDED BASED ON THE ST AN DAROS IN THIS PUO AMENDMENT, BUT GENERALLY EXCEED THOSE PROVIDED IN THE EX!ST!NG PUD'S PROPOSED MULTI-FAMILY PLAN. SEVERAL COURTYARD/AMENITY AREAS ARE !~~~RPOAATED INTO :-HE ~ESIG:X THA.'f :N E.1.. IN~LIJDE LA.f.:.__:,...;·1 ~!~. ENGLEWOOD'S 2003 COMPREHENSIVE PLAN RECOGNIZES THE PROPERTY AS THE LOCATION FOR FUTURE MEDIUM DENSrTY RESIDENTIAL DEVELOPMENT. THE 2003 COMPREHENSIVE PLAN EMPHASIZES THE REVJTAUZATION, REDEVELOPMENT ANO REINVENTION OF ENGLEWOOD, ALL OF WHICH ARE ACCOMPLISHED THROUGH THIS PUC AMENDMENT. THE SITE IS IDENTIFIED IN THE COMPREHENSIVE PLAN A5 AN AREA OF CHANGE WITH A MIX OF RESIDENTIAL USES CONTEMPLATED. THIS PUD AMENDMENT FURTHERS THE GOALS OF THE COMPREHENSIVE PLAN BY PROVIDING FOR-SAlE MEDIUM DENSrTY HOUSING THE FORM OF CONDOM INI UMS, TOWNHOMES AND HIGHER-DENSITY SINGLE FAMILY RESIDENTIAL ~ -.:•!'::':'I '.""'.~~~~ -.v.;s:~,· ~ .. --... ::-:-!. ts GOVERNED BY THE ORIGINAL SAND CREEK PUO . ADOPTED 5/14/2013 ANO RECORDED AT RECEPTION NO . 03059798, BOOK NO. 433 AND PAGE NO. 61 ~ nus PUD AMENDMENT ALSO CONFORMS TO THE ENGLEWOOD LIGHT RAIL CORRIDOR PLAN ADOPTED IN JUNE Z013. THE LIGHT AAIL CORRIDOR PLAN CONTEMPLATES DENSITIES WITH THE BATES-CITY NEIGHBORHOOD NORTH AREA BETWEEN lS ANO 35 UNITS PER ACRE AND PARKING AT A RATE OF 1- 1.lS SPACES PER UNIT. THE PLA~ ALSO ENCOURAGES A GRID OF PUBUC STREETS RATHER THAN PRIVATE DRIVES AND A MIX Of UNITS TO INCORPORATE RENTAL AND HOMEOWNERSHIP OPPORTUNmES. THE OVERALL DENSITY Will BE APPROXIMATELY 16 UNITS PER ACRE, WHICH FALLS WITH IN THE OENSITlES CONTEMPLATED BY THE COMPREHENSIVE PLAN. THIS PROJECT WIU REVITALIZE EXtSTING RETAIL IN ENGLEWOOD OTY aNTER ANO THE BROADWAY CORRIDOR, AND GENERATE TAX REVENUE THAT WIU BENEFIT THE SERVICES PROVIDED BY THE CJTV OF ENGLEWOOD. PYO PLAN NOTU 1. THIS PROPERlY OOES NOT LIE WITHIN A 100-YEAR FlOOD-PLAIN . 2. ALL NEW UTILITIES ASSOCIATED WITH THIS PROJECT SHALL BE PLACED UNDERGROUND. 3. ALL CONCRETE WORK DONE IN THE PUSLIC RIGHT-OF -WAY SHAU SE IN CONFORMANCE WITH CONSTRUCTION STANDARDS AND CONCRETE SPECIFICATIONS FOR THE CITY OF ENGLEWOOD, COLORADO . 4. ANY NEW FIRE HYDRANTS SHALL BE TO THE OTY OF ENGLEWOOD REQUIREMENTS. S. SUBDIVISION OF TiiE SITE SHAU BE COMPLETED UNDER SEPARATE DOCUMENT. 6. THE DEVELOPER SHALl COMPLY WITH ALL APPUCABLE CITY CODES, REGULATIONS ANO STANDARDS NOT SPECIFICALLY ADDRESSED WITH THIS PUD. 7. IN THE EVENT OF A CONFLICT BETWEEN THE SPECIFIC PROVISIONS OF THIS PUC AND TITlE 16, THE SPEOFIC PROVISIONS OF THIS PUC SHALL CONTROL PlAT DntNTION POND NOm A) THE STORM WATt:R DETENTION AREA(SJ SHOWN HEREON SHAU. SE CONS"IBUCTED AND MAINTAINED SY THE OWNER AND SUSSEQUENT OWNlli, HEIRS, SUCCESSORS, AND ASSIGNS . IN THE EVENT THAT SAID CONSTRUCTION AHO MAINTENANCE IS NOT PERFORMED BY SAID OWNER, THE CITY OF ENGLfWOOO SHALL H~VE THE RIGHT TO ENTER SUCH AREA(S) ANO PERFORM THE NECESSARY WORK, THE COST OF WHICH SAID OWNER, HEIRS, SUCCESSORS, AND ASSIGNS AGREES TO PAY UPON B!U.ING. FIRE ACCESS NOTE THE REQUIRED FIRE ACCESSES SHOWN WITHIN THIS PUD-SrTE PLAN CONFORM TO THE CITY OF ENGLEWOOD AMENDED 2012 INTERNATIONAL FIRE CODE WHICH REQUIRES A MINIMUM WIDTH OF 26-FEET. THE CITY MAY ADOPT A NEWER VERSION OF THE INTERNATIONAL FIRE CODE THAT WOULD ALLOW A NARROWER FIRE ACCESS. IF SO ADOPTED, THE OTY Of ENGLEWOOD SHALl ALLOW THE NARROWER FIRE ACCESS WIDTHS UNDER THIS PUD ANDTHts CHANGE TO THE SITE PLAN Will BE APPROVED ADMINISTRATIVELY. THE OWNER/DEVELOPER W ill BE REQUIRE D TO SUBMIT AND OBTAIN APPROVAL OF THE MINOR SUBDIVlSION AND SITE CONSTRUCTION PLANS TO ACCURATELY DEPICT THE FIRE ACCESS WIDTHS . INDUSTRIAL USES MAY SUNS£T PROJECT TEAM DEVELOPER: BLVD BUILDERS, LLC P .0 . BOX 8625 DENVER, CO 80201 ATIN: AARON FOY 303-995-4421 ARCHITECT-CONDOMINIUMS: KEPHART ZSSS WALNUT ST. DENVER, COLORADO BOZOS ATIN: DOUG VAN LERBERGHE 303·832-4474 IN-YALE !AVENUE . AMHE ST AVE . l/) !" n !" l/) CD I )> )> CD rT1 z ,, ,, z n 0 0 0 "" 0 ;:: )> () 0 rT1 "" )> rT1 ::E (/) l/) )> l/) :-< :-< -< :-< . BATES AVE DEVELOPMENT WITHIN THIS AREA IS GOVERNED BY THlS PUD AMENDMENT: IRON WORKS VILLAGE ARCHITECT -SINGLE FAMILY/DUPLEX(TOWNHOMES: PEL-ONA 4676 BROADWAY BOULDER, COLORADO 80304 ATTN: kORKUT ON ARAN 303-443-7876 SURVEYOR AND ENGINEER: MANHARD CONSULTING, LTD . 8008 E. ARAPAHOE COURT, SUITE 110 CENTENNIAL, COLORADO 80112 ATIN: KEVIN BARNEY 303·531-3207 B) NO SUILOJNG OR STRUCTURE Will BE CONSTRUCTED IN 'TI-IE DETENTION AREAIS) ANO NO CHANGES OR AUAUOWED INDUSTRIAL USES SHALL CEASE ANO SHALL NOT BE GRANDFATHERED NOR CONSIDERED LEGAL., NON-CONFORMING USES UPON THE ISSUANCE OF A CERTIFICATE OF OCCUPANCY (CO) FOfl. ANY RESIDENTIAL OR COMMERCIAL USE WITHIN THE PUD, WHETHER OR NOT THE PROPERTY WITHIN THE BOUNDARIES OF THE PUD HAS BEEN PLATIED. LAND PLANNER/LANDSCAPE ARCHITECT: ALTERATIONS AFFECTING 'TI-IE HYDRAU LIC 01ARACT'ERISTll3 OF 'TI-IE DETENTION AREA(S) Will BE MADE WITHOUT THE APPROVAL OF THE PUB UC WORKS DIRECTOR. PEL-ONA 4676 BROADWAY BO ULDER, COLORADO 80304 AITN: KORKUT ONARAN 303-443-7876 INDEX OF SHEETS SHEET NUMBER SHEET TITLE 1 COVERSHEET 2 DISTRICT PLAN 3 EXISTING ZONING AND LANO USE • PRELIMINARY SITE PLAN 5 PRELIMINARY UTILITY PLAN 6 PRELIMINARY GRADING AND DRAINAGE PlAN 7 LANDSCAPE PLAN 8 ARCHITECTURAL ELEVATIONS • ARCHITECTURAl ELEVATIONS PROPERTY OWNER SANO CREEK INVESTORS, U.C, A COLORADO LIMITED UABllrTY COMPANY I BY: STATE OF COLORADO ) )SS COUNTYOF ___ I THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF , 2016 BY . FOR SAND CREEK INVESTORS, UC WITNESS MY HAND ANO SEAL NOT ARY PUBLIC MY COMMISSION EXPIRES:----- ADDRESS APPROVED FOR THE CITY OF ENGLEWOOD PlANNING AND ZONING COMMISSION CHAIRPERSON ~ PLANNING ANO ZONING COMMISSION RECORDING SECRETARY ~ MAYOR OF ENGLEWOOD ~ THE FOREGOING INSTRUMENT WAS ACKNOWLEDGED BEFORE ME THIS __ DAY OF , 20Hi BY _________ _ CrTYClERK CLERK & RECORDER'S OFFICE THS PLANNED UNIT DEVELOPMENT IS ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF ARAPAHOE COUNTY, STATE OF COLORADO AT ___ O'CLOCK_.M . ONTHlS __ DAY OF , 2016 RECEPTION NO. , BOOK NO. ---PAGE NO(S). --- BY :C~l~E.~.~.~.~o~.,~,~o-.o~,-.----BY: DEPUTY i1a1a 1 i1~~ h• II §5 ~! n ~~~. -.i c1~~ V a-ld a..-J:u a uiH .C Z~H -8.~ ._ -~. r-s ::1 C -HH wi ::H~rll .. cn!Jl Vz 1 u %oh! -~. uiH ~ll H~ He i. c g~r; .g~ 1~8 w CJ 5 -I > ~ cc ' ~ z 0 !!: .... z w :E 0 z w :E <( 0 :::::> Q. ~ w w cc 0 0 z <( en 0 0 <( cc g 0 0 c:i 0 ~ -I CJ z w tu w J: en cc w ~ 0 "*M .11~~ l'fl!W .AMOC.:~ --rt. _Jl_W __ 1:11.l~ ~ SHEET 1 OF 9 BBlENCOOl E x H I 8 I T A • • • SAND CREEK PUD AMENDMENT -IRON WORKS VILLAGE PUD DISTRICT PLAN DEVELOPMENT STANDARDS A . GENERAL REGULATIONS: UNLESS OTHERWISE PROVIDED FOR IN THE SAND CREEK PUD, OR THIS AMENDMENT, THE PROVISIONS, STANDARDS, REGULATIONS AND PROCEDURES PERTINENT TO AN APPLICATION FOR THE DEVELOPMENT OF LAND WITHIN THIS PUD ZONE DISTRICT SHALL COMPLY WITH THE (1-2) ZONE DISTRICT AND THE BELOW LISTED STANDARDS FOR SINGLE-FAMILY USE, DUPLEX, TOWNHOME, AND MUL Tl-FAMILY RESIDENTIAL. B . PERMITTED USES: THE FOLLOWING USES ARE PERMITTED IN ADDITION TO THOSE USES ALLOWED UNDER THE SAND CREEK PLANNED UNIT DEVELOPMENT, AND, UNLESS OTHERWISE PROVIDED, THE FOLLOWING USE CATEGORIES AND TYPES SHALL HAVE THE SAME MEANINGS AS SUCH CATEGORY AND USE TERMS BY THE SAME NAMES CONTAINED IN TITLE 16 OF THE ENGLEWOOD MUNICIPAL CODE. RESIDENTIAL USES: SINGLE FAMILY DETACHED HOUSE, LIVE /WORK, DUPLEX TOWNHOME, MUL Tl-DWELLING UNIT, CONDOMINIUM C. DENSITY AND PARKING OVEAALL DENSITY: THE TOTAL NUMBER OF UNITS SHALL NOT EXCEED 165 WITHIN THE GENERAL IRONWORKS SUBDIVISION, FILING NO 3 PUD. RESIDENTIAL UNIT DIVERSITY: EACH OF THE SINGLE-FAMILY, DUPLEX, TOWNHOME, AND MUL Tl-FAMILY RESIDENTIAL UNIT TYPES, SHALL BE REPRESENTED ON THE SITE PLAN IN AN AMOUNT NO LESS THEN 10% OF THE TOTAL NUMBER OF UNITS. PARKING REQUIREMENT PER LOT TYPE SINGLE FAMILY DETACHED AND DUPLEX UNITS: 2 SPACES MINIMUM PER UNIT REGULAR TOWNHOMES (AT LEAST 65% OF THE ROW HOMES): 2 SPACES MINIMUM PER UNIT SMALL TOWNHOMES (AT MOST 35% OF THE TOWNHOMES): 1 SPACE MINIMUM PER UNIT CONDOMINIUMS: 1.5 SPACES MINIMUM PER UNIT D. THE DEVELOPMENT STANDARDS OF THE SAND CREEK PLANNED UNIT DEVELOPMENT SHALL CONTINUE TO APPLY FOR ALL USES, EXCEPT THOSE DESCRIBED IN THE FIRST AMENDMENT. THE FOLLOWING ADDITIONAL DEVELOPMENT STANDARDS SHALL BE APPLIED AS LISTED PER EACH RESIDENTIAL LOT TYPES AND FOLLOW THESE GENERAL PROVISIONS: BULK REGULATIONS AND LOT TYPES: ALL SETBACKS, HEIGHT AND LOT COVERAGE REGULATIONS SHALL BE APPLIED AS LISTED PER EACH LOT TYPE FOLLOWING THESE GENERAL PROVISIONS: 1. FIRE SEPARATION DISTANCE: THE DISTANCE FROM THE BUILDING FACE TO ONE OF THE FOLLOWING: A. TO THE CLOSEST INTERIOR LOT LINE; OR B. TO THE CENTERLINE OF A STREET, AN ALLEY OR PUBLIC WAY; OR C. TO AN IMAGINARY LINE BETWEEN TWO BUILDINGS ON THE LOT THE DISTANCE SHALL BE MEASURED AT A RIGHT ANGLE FROM THE FACE OF THE WALL. 2. PROJECTIONS SHALL COMPLY WITH 2012 IRC TABLE R.302.1 (2) EXTERIOR WALL RATING, PROJECTIONS AND OPENINGS SHALL COMPLY WITH 2012 IRC TABLE R302.1(1) LOCATED IN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO PUD DISTRICT PLAN DEVELOPMENT STANDARDS (continued) SINGLE FAMILY DETACHED HOUSE LOT LOT SIZE: 26 ' X 72 ' TYPICAL MAXIMUM LOT COVERAGE (INCLUDING COVERED PORCHES AND GARAGES) 60% BUILDING HEIGHT: 42' MAXIMUM FRONT SETBACK TO COVERED PORCH: 4' MINIMUM FRONT SETBACK TO PRINCIPAL BUILDING: 8' MINIMUM SIDE SETBACK TO COVERED PORCH ON SIDE STREET: 4' MINIMUM SIDE SETBACK TO PRINCIPAL BUILDING ON SIDE STREET: 8' MINIMUM SIDE SETBACK: 3' MINIMUM REAR SETBACK: 4' MINIMUM SETBACK AT SIDE TO REAR TRANSITION CURVE (AT ALLEY INTERSECTIONS) 3' Mlr.fiivlUM DUPLEX LOT LOT SIZE: 46 'X 72' TYPICAL, 51' X 72' ON STREET CORNER MAXIMUM LOT COVERAGE {INCLUDING COVERED PORCHES AND GARAGES) 80% BUILDING HEIGHT: 42' MAXIMUM FRONT SETBACK TO COVERED PORCH: 4' MINIMUM FRONT SETBACK TO PRINCIPAL BUILDING: 8' MINIMUM SIDE SETBACK TO COVERED PORCH ON SIDE STREET: 4' MINIMUM SIDE SETBACK TO PRINCIPAL BUILDING ON SIDE STREET: 8' MINIMUM SIDE SETBACK: O' OR 3' MINIMUM REAR SETBACK: 4' MINIMUM SETBACK AT SIDE TO REAR TRANSITION CURVE (AT ALLEY INTERSECTIONS) 3' MINIMUM TOWNHOME LOT LOT SIZE: 20'X45 ' OR 16'X45' TYPICAL, 30'X45' ON STREET CORNER MAXIMUM LOT COVERAGE (INCLUDING COVERED PORCHES AND GARAGES) BUILDING HEIGHT: FRONT SETBACK TO COVERED PORCH: FRONT SETBACK TO PRINCIPAL BUILDING: SIDE SETBACK TO COVERED PORCH ON SIDE STREET: 85% 42'MAXIMUM 4'MINIMUM 6'MINIMUM 4'MINIMUM PUD DISTRICT PLAN DEVELOPMENT STANDARDS (continued) TOWNHOME LOT (continued) SIDE SETBACK TO PRINCIPAL BUILDING ON SIDE STREET: 8' MINIMUM SIDE SETBACK: O' OR 3' MINIMUM REAR SETBACK: . 4' MINIMUM SETBACK AT SIDE TO REAR TRANSITION CURVE (AT ALLEY INTERSECTIONS) 3' MINIMUM CONDOMINIUMS LOT SIZE: VARIES MAXIMUM LOT COVERAGE (INCLUDING COVERED PORCHES ANO GARAGES) BUILDING HEIGHT: FRONT SETBACK TO COVERED PORCH AT STREET: FRONT SETBACK TO PRINCIPAL BUILDING AT STREET: SIDE AND REAR SETBACK AT ALLEY: SIDE AND REAR SETBACK: E. ARCHITECTURAL STANDARDS: 60% 55'MAXIMUM 4'MINIMUM 12' MINIMUM 3'MINIMUM 10' MINIMUM IN GENERAL, MASSING, ARTICULATION, SCALING, ANO FACADE TREATMENTS SHOULD AIM AT ACHIEVING A HARMONIOUS ANO DIVERSE ENSEMBLE OF BUILDINGS WITH NO SINGULAR BUILDING DEMANDING TOO MUCH ATTENTION. THE FOLLOWING ARE DETAILED GUIDELINES FOR VARIOUS BUILDING TYPES. SINGLE FAMILY DETACHED ANO DUPLEX BUILDINGS ARTICULATION: EXCESSIVE ARTICULATION SHOULD BE AVOIDED. USE OF TWO OR THREE ARTICULATIONS IS PROPER (FORWARD FACING GABLES, DORMERS, BAY WINDOWS, PORCHES, ETC. ARE AMONG COMMON ARTICULATIONS). PORCHES ANO SCALE: PORCHES ANO SINGLE STORY ELEMENTS SHOULD BE EMPHASIZED. A MINIMUM OF 20% TRANSPARENCY IS REQUIRED ON THE FRONT FACADES -TRANSPARENCY IS MEASURED ALONG A HORIZONTAL LINE AT THE EYE-LEVEL WHICH IS 5' HEIGHT MEASURED FROM THE GROUND FLOOR FINISHED LEVEL. A MINIMUM OF 60 S.F. OF COVERED FRONT PORCH SHALL BE PROVIDED FOR EACH DWELLING UNIT. MATERIAL: AVOID USING TOO MANY DIFFERENT MATERIALS; SIMPLICITY SHOULD BE THE VIRTUE. CLUTTER SHOULD BE AVOIDED . COLOR: INTENSE, BRIGHT, OR FLUORESCENT COLORS AND GLARE. SHALL BE AVOIDED AS THE PREDOMINANT COLOR ON ANY WALL, OR ROOF OF ANY STRUCTURE.CHANGE COLOR ONLY ON INNER CORNERS; CHANGE OF COLORS ON OUTER CORNERS SHOULD BE AVOIDED. TOWNHOMES ARTICULATION : BUILDING WIDE COMPOSITION IS ENCOURAGED. ARTICULATION PER UNIT SHOULD BE MINIMIZED. MIRRORING THE UNITS AND TWO UNIT GABLES THAT BREAK THE LENGTH ARE ENCOURAGED. EDGE UNITS SHOULD BE DIFFERENTIATED. PORCHES AND SCALE: BUILDINGS SHOULD RELATE TO PEDESTRIAN. DIFFERENTIATION IN FACADES OF GROUND FLOORS AND UPPERMOST FLOORS IS ENCOURAGED. A MINIMUM OF 20% TRANSPARENCY IS REQUIRED ON THE FRONT FACADES -TRANSPARENCY IS MEASURED ALONG A HORIZONTAL LINE AT THE EYE-LEVEL WHICH IS 5' HEIGHT MEASURED FROM THE GROUND FLOOR FINISHED LEVEL. A MINIMUM OF 50 S.F. OF COVERED FRONT PORCH SHALL BE PROVIDED FOR EACH DWELLING UNIT. MATERIAL: AVOID USING TOO MANY DIFFERENT MATERIALS; SIMPLICITY SHOULD BE THE VIRTUE. CLUTTER SHOULD BE AVOIDED. PUD DISTRICT PLAN DEVELOPMENT STANDARDS (continued) COLOR: INTENSE, BRIGHT, OR FLUORESCENT COLORS AND GLARE. SHALL BE AVOIDED AS THE PREDOMINANT COLOR ON ANY WALL, OR ROOF OF ANY STRUCTURE. CHANGE IN COLORS SHOULD EMPHASIZE EITHER THE INDIVIDUAL DWELLING UNITS, OR INDIVIDUAL ELEMENTS OF THE MASSING TO SCALE DOWN THE BUILDING AND TO RELATE TO THE PEDESTRIAN SCALE. CONDOMINIUM BUILDINGS FOR CONDOMINIUM BUILDINGS, PLEASE REFER TO THE ARCHITECTURAL STANDARDS LISTED IN THE ORIGINAL SAND CREEK PLANNED UNIT DEVELOPMENT DOCUMENT OF SEPTEMBER 25, 2012 F. DEFINITIONS SIDE YARD USE EASEMENTS SIDE YARD USE EASEMENTS ARE HEREBY GRANTED ALONG COMMON SIDE LOT LINES WITHIN ALL DETACHED HOME LOTS AND DUPLEX LOTS AS SHOWN ON THE FINAL PLAT. SIDE YARD USE EASEMENTS OCCUR FROM FRONT PROPERTY LINE TO REAR PROPERTY LINE AND EXTEND FROM THE GRANTOR'S BUILDING FOUNDATION TO THE LOT LllilE BETWEEN THE GRANTOR'S AND GRANTEE'S PARCELS THAT SHALL BE GRANTED TO THE EASEMENT GRANTEE PER THE RESTRICTIONS OUTLINED BELOW. REFER TO THE FINAL PLAT FOR A GRAPHIC REPRESENTATION OF THE SIDE YARD USE EASEMENT. THE FOLLOWING RESTRICTIONS APPLY TO THE SIDE YARD USE EASEMENTS: a. EASEMENT GRANTEE SHALL HAVE FULL ACCESS AND ENJOYMENT OF THE EASEMENT INCLUDING CONSTRUCTION OF IMPROVEMENTS, USE AND MAINTENANCE OF THE SPACE INCLUDED IN THE EASEMENT. FENCES AND WALLS USED AS PRIVACY SCREENS MAY NOT ENCROACH INTO TIHE FRONT ANO REAR SETBACK. IMPROVEMENTS INCLUDING, BUT NOT LIMITED TO, DECKS, PATIOS, WALLS , LANDSCAPING, FENCES RAILS, FURNITURE ANO OTHER SIMILAR ELEMENTS ARE PERMITTED WITHIN THE DEFINED SIDE YARD USE EASEMENT. DECKS, PATIOS ANO WALLS, OTHER THAN PRIVACY SCREENS, IN EXCESS OF 30-INCHES IN HEIGHT {AS MEASURED FROM FINISHED GRADE) ARE NOT PERMITTED IN SIDE YARD USE EASEMENTS. ONLY LANDSCAPING, HAROSCAPE, AND IRRIGATION IMPROVEMENTS ARE PERMITTED WITHIN FRONT ANO REAR SETBACKS. SIDE YARD USE EASEMENT PROCEDURES AND POLICIES SHALL BE MANAGED BY THE IRON WORKS VILLAGE METROPOLITAN DISTRICT. NO IMPROVEMENTS MAY BE IMPLEMENTED AT THE DETRIMENT OF THE GRANTOR'S ABILITY TO MAINTAIN THEIR HOME. b. SIDE YARD USE EASEMENTS ARE PERMITTED ON DETACHED SINGLE FAMILY AND SPECIFIED DUPLEX LOTS ONLY. c. ALL IMPROVEMENTS BY GRANTEE LOCATED WITHIN THE SIDE YARD USE EASEMENT SHALL BE MAINTAINED BY THE EASEMENT GRANTEE. d. EASEMENT GRANTOR IS ENSURED OF ACCESS WITHIN THIS EASEMENT FOR MAINTENANCE AND REPAIR OF THE PRINCIPAL STRUCTURE LOCATED ON THE EASEMENT GRANTOR'S LOT AND FOR NO OTHER PURPOSE. THE DESIGN REVIEW COMMITTEE OF THE IRON WORKS VILLAGE METROPOLITAN DISTRICT APPROVES ALL PLOT PLANS BEFORE AUTHORIZING APPLICATION TO TIHE CITY OF ENGLEWOOD FOR ISSUANCE OF BUILDING PERMIT. FOR ISSUE RESOLUTION THE IRON WORKS VILLAGE METROPOLITAN DISTRICT IS GRANTED ACCESS INTO THIS EASEMENT. e. ALL PRINCIPAL STRUCTURES, INCLUDING GARAGES, OWNED BY EASEMENT GRANTOR SHALL BE MAINTAINED BY EASEMENT GRANTOR. f. GRANTEE SHALL NOT ALTER FINISHED GRADE ANO/OR DRAINAGE PATIERNS ON THE GRANTOR'S PROPERTY WITHOUT THE WRITTEN APPROVAL OF THE DESIGN REVIEW COMMITTEE. NOTES: EASEMENT GRANTOR: THE LOT OWNER GRANTING SIDE YARD AREA TO ADJACENT LOT OWNER FOR USE. EASEMENT GRANTEE : THE LOT OWNER GAINING SIDE YARD AREA FROM ADJACENT LOT OWNER FOR USE. w Cl :5 .... > (/) ~ a: 0 ;i: z 0 g; . I-z w :5 0 z w :5 c:( 0 ::I a.. ~ w w a: 0 Q z c:( (/) ~ ii io i! u ::> .: 1 I : ~ E 'G ~ 8 I:-. ~i:co• u 1,... c col!!~ • ~ !2 • cm;Ja. ~!!! ... ! :us 0 Q ii g z :5 0 0 a.. cl I- 0 0 ~ 0 t; ;i: w i5 .... Cl z w 11 ·---.....Jll2_ ~ l'llQL.-OC.:---.!Q._ i ::-:--~ SHEET I i 20f9 •• ._ ____ _J • • • ~ 1i • .. ~ ~ " ! £ I SAND CREEK PUD AMENDMENT IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO I ~\'/' 111' II . I 11:1 1L--:_.,. _ _, _ _J I I I 11 --------= I ~ I .· .. .:....:.. ·..: ·.·· -! I I ~~~~: ct:: I . ~·. -·.53.00 ... --. ·:---~-. I 1 ~ "'~ !! "' I . . -I JL_ .23'ill "-ZONING : ~2 GENERA.l INOUSTRIAL DISTRICT \ I I , ---i! ~ ~ g I ;! LAND USE: WAREHOUSE/STORAGE ../' 0 I s 5 ~ ~ I <' I ;,>..P 2:~za:: ,. ~ ' . I ~ ' ~oe~' "1'" / ' L_ ·"'~ :: : I ,---Ti~i~ I ~I.ii I ~ ! I Z~:t I ct e I PROPERTY LINE -~"$ B' " I I I a VI I I '·, / ----: i ' ---J_ I ---1 ' ---------' -------.......___ I I I ,. : I I ,. : I I,. v ,I /! ,. I I > I / I 1~ . -. . . l ~~ ' .. ... ;;! I .;; I L .--'---' J -ZONING : H LIGHT INDUSTRIAL DISTRICT jS 1 c,"1f' ' --J_ _ -', -I . ' ..., \ , ~ ~ ~ it! I .. LAND use: VACANT uNPLAmo ~ / ~ $ ~ ~ ~ I I I 15 I ~ I I I I s-'os, .. - I \ ZONING: PU0-10 PLANNED UNIT OEVELOPMENf LAND USE : VACANT INDUSTRIAL LOTS ..-PROPERTY LINE -· / -----J 1-----1 1ti~~~tt~~ t LAND USE. STORAGE WAREHO SE . f-: I I I --------, 1--------, ZONING: 1-1 LIGKT I ' I INDUSTRIAL DISTRICT I lf;JI :1 ~ lANDUSE. RESIDENTIAL I I I ( t~I ~11-1 -------~ ~-------.: UI 111! I I \ I I.,, 1·1 \ I '---\--' ~ I I I .: Oo'ROW:· I ! . I llf d: \ 1- 1 ----\--: ! 811 ,\iii \ I I ~!;1 I I 1~· I -,1,fi1' ~~ L----~ I ' I . oO I ~9c .... 1 I , .:t 1 ~11 ~~II ~~~~I s-'oJ ·11 i ~ n1 ~~ ~~~~ ~ ~ f cc,, I L-------~ fl! ! C l~i' ~ ~ I I "'! ::! c I ~ ZONING : 1-1 LIGtfT INDUSTRIAL DISTRICT --/ LANO USE: WAREHOUSE/STORAGE / ~ ,/ ,,.../ / l Ii 4!> ZONING : PUlHO PLANNED UNIT DEVELOPMENT LANO USE: VACANT INDUSTRIAL LOTS (DEVELOPMENT ON THIS PARCEL ts GOVERNED BY THE OR\GINALSAN.D CREEK PUO) r,~ ~ 11r----~~~ I l~~~I f' ~ -:> I L__ ___ J _ ___J [I i (~ 1~ i i i ----I -(-1 I I I ---1------ I j ~l: I:~ f ) 11----1--1 l~l ~I' i ' L__ __ j_ __ ___, fl t;i ( i i I t/ :1H --------: ~--L---__J /' PROPERlYUNE ; ·> ·i ._; #~'!_1 1.11 I I I / 8 ._., " . ~11 ll, I I '---1-----'. {;/ -----~-11 I. , I ' I I L___________ t --r;;~-~--~7~-~=;, ~~~;--~::~---1 --~~~~-~:_:__~:_:__~__J I tF=--===----=r---"==----=-"'!\ -= --=-::.=-4"-r=-~--===-0 ,-----1 ,-------i Pl I \ I I ZONING.HUGHT I \ I I , I 1 \ I 1 INDUSTRIAL OlSTRICT \ 1 1 ONING : R·2·8 MEDIUM DENSITY 1L. I I , 1 I LA ND USE : RESIDENTIAL I , 1 1 SINGLE AND MULTI-DWELLING 1 1. I L_ __j H-UNIT RESIDENTIAL DISTRICT • ..,: 1 1 I ------r ----__ ----1 ~NQUS~DEN!IA..!:...___J / ~ UJ t I I I I ~ I . , I r r 1/ i= "' r=-----~ ~ZONING :l-1UGKT~ I ' I I I f c o , OIJSTltlA[l)rsTi<icr x • -' CJ --ZONING : H LIGHT -. LANO USE: AUTO SERVICE 0 : I , W < I INDUSTRIAL DISTR ICT } t "'-( I I l I / I cri ~ 1 LANo use: REs10ENTIAL .. 1 1 1 en . 1 , I l ·' 1 ~ I-------_J_._j I----------l cz:~~~~=u L----n· ~ I { I I I I LANO USE : WAREHOUSING / I I -. en : \ : : i : / : : i : ~ ZONING : 1-1 UGHr --j I ZON ING ' 1-1 UGKT I I I I I \ I 1 INDUSTRIAL DtSTRICT 1 L-._l~DUS!B.IALDJSl]:IO...._J I j I ~ --------t---< µNO USE : WAREHOUSE/STORAGE I LAND USE : RESIDE NTIAL 1 1 1 t 1 I I / 1 , /r • ... ZONING: WH INVESTMENT, INC. ----. PLANNED UNIT DEVELOPMENT ·; LANO USE : INDUSTRIAL UNPLATIEO ·1 ;, ,' i \I I \, ' I\ I I ' I I f--\-------j r--------1 L_ __ \ ___ _j L_ _____ _j I · · ZONI NG: R-2-b Mlo1uM DENsrrv -I I SINGLE ANO MULTI-DWELLING I I UNIT RESIDENTIAL DISTRICT \ I r-------~9 :RF~---i--i I I I \ I I I \ I I r------j ~ ZONING : WH INVESTM ENT, INC. -- PLANNED UNIT DEVELOPMENT . LAND USE: INDUSTRIAL UN PLATTED I I ,-------------, I \ I I I I I ~--------4 ! 1 0 30 60 120 SCALE : 1 "=60' ~ ' llil! i1~I§ ,,!C !n I{• i-.r L...1~11 .. naH V"-'nca• .c:ziH -g·~ C ~iU :>WOO aU)!n .. ~Hi ..&.uiH ~J h~ ~.li~ S~8 w CJ :s ...I > ~ a: w 0 UJ ;r; 0 :::> z Q Q 0 <( z ~ a: s 0 . ...I Q ..... 0 z z (J <( w Q~ CJ == Q 0 z z 0 z w ;r; 0 == w N <( ...I CJ Q CJ z ::::> z j:: Cl. w UJ ~ x w w w a: (J Q z <( (/) ~11---'-"--i "'°"'--=~2ML.._ • ~ I I • OMwll•Y: _J_l_W __ ~ SHEET 3 OF 9 BBLEN COD1 • • • ~ ~ ~· .;i j ! I SAND CREEK PUD AMENDMENT -IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO I ' I S"ROW SIGNAGE LEGEND 0 25 so 100 I I EJ / INSTALL "NO PARKING FIRE LANE " SIGN WITH BREAK·AWAY SIGN POST &.OT 1 ~ltCIEll'VIOIM TRANSPORATION/ -~J1T -·--JI ,: 1 · ~:: [ 28~::~::~ ]·~ul l/TIUTYEASEMENT .1: I : 1111 I -_t:=]~ .. ---------NO. 84132494 ~ I i· i I' ~. \ RECEPTION .• ·· i 'I i 'I ' =~\==7----r!:~·=========~,======·~~----i:::== SCALE: l";SO' ~ -----------;_,,.l..jj ) ' 1 . "-6"VERTICAL : : 'J ·, S' CONC. CIJRB & GUTIER (TYP) ' PROP PAVEMENT I °' I .. ,,.; I ~;I ""~ I «r~ l!J: ~ !&, . I NOTE : CURB HEAD AlONG BOTH SIDES OF AMHERST PLACE SHAU.BE PAINTED RED IN ADDffiONTOTHE "NO PARKING FIRE LANE " SIGNS PROP RETAINING WALL - W/6' HIGH SOUND WAUONlOP PROPERTY LINE -..... .-SURFACE PARKING (9'x18' TYPICAL STAU.) i ! SIDEWALX (SEE CITY OF ENGLEWOOD IJ [ Dfl"All E06) )1 _: TYPICAL PRIVATE ROAD CROSS SECTION Jf;-J (SOUTH FOX STREET, WEST AMHERST AVENUE AND WEST AMHERST PLACE) ·t/' N .T.S j 'f7---PROPERTY llNE 4' 22' PRNATt STREIT TRACT 4' /!/ I GARAGE ~ '1 I ~ GARAGE ,/ ! ~ I 20' EO~-EOA I ~ .. .// I ~ .... : <:::::::::::::' 1=;:1 ~ .~ L .. CONC. ....__PROP If/ !£' I /! I ~I .. ,.:.it .1' ------VALLEY PAN DRIVEWA.Y(TYP) • A ..... ~ . TYPICAL 22' PRIVATE ALLEY CROSS SECTION /<'i'-:!V': . . ~ I PROP RETAINING WALL -!--~. W/6-;:-:~~~ / TOWNHOME I BUILDING (TYP) ;- I I 3' CONC I WALK(TYP f .. · I , I ~PROP ,/ TRANSPORTATK>N ~r,~~E-ME-NT ---__ 1 r------- if~; : --·;r TOWNHOME BUILDING (TVP) V;,H T ~I iH: llJI ---Jr+~ PROP CURB & GUlTER lr.1 & S' DETACHED CONC . ii.' I SIDEWALK !\I PROP 1(1: S' TRANSPORTATION I! _ 1 EASEMENT I!!) ff,I , ;l{• !I l ~ •. I 20' PRIVATE STREET TRACT I •. ~ GARAGE I • GARAGE 111' EDA·EOA ---i I 3' I <:::::::::::::' q ~ ·~ CONC. VAUEY PAN ,, ~-PROP DRIVEWAY (TYP) TYPICAL 20' PRIVATE ALLEY CROSS SECTION N.°1.;, 26' PRIVATE STREET TRACT GARAGE ~ •• I EOA:~OA I .. ~ GARAGE t::::::::::::4 ~ ~ " '· CONC. ' -PROP VALlfY PAN DRIVEWAY (TYP) TYPICAL 26' PRIVATE ALLEY CROSS SECTION N.°1.::> PROP TRANSPORTATION BM'T ROWVARltl' , 'Ro~,~~~NG,:U~~-"'' ~.. . . ___ . -~I WAllONTOP \-" I ~ L IJ t 11 3 ~ I I 1 I Ill I ill! ·---. Ii !' -~ EXS IDEWALKTO !i·I I BE REMOVED D 'ii 60' +iJ llill.OICI){ 3 H·I ~ I -~~ -1 ~ E »~·-· 1 -~ ·r·--···rr , ..... '< .. : ·= ··~·· •. -.11~. \ .'°'--r ·-\ I I (/ I ·L 15' WATER MAIN ~.:"8El~~ PAGE 398 ~ di I ,,..---PRO PS ' TRANSPORTATION EASEMENT ;~·i 11·-r i ;1 I I ,~ :r·· :i:~ lh, il l' 1:,1 ii!, iii I i~· I I !, l1l 1 ~ 111 1' !l~ !'1 l l :J I I I I I I ·r--------1 1 ----- ;r1t ________ J L _____ _ ~-;·:::~1!1 ,~~~;~~~~~.;····(.3:::;~;~i~":;=~~--------------------------- . r 1 :j l r &S'DETACHEOCONC ,,1 __ ,ir , , ,.,. ""C " .. I l ~ I I SIDEWALK 1 l9tU.Y Ir"-6 I ' ISlLOC:llt ~ t----- 1 S.9. IXl8l~&.8~'$ 8l!llDmOll!l I l!l&.OICI){ 3 I I I I ·-PROP 5' CONC !XCUR8& GtlnU . ·• EXPAVEAIENT EXCUR8& . EXCONC SIDEWALX (TOREMAIN/ GllTTFR SIDEWAY TYPICAL EXISTING ROAD CROSS SECTION (SOUTH ELATI STREET NORTH OF PROP WEST AMHERST AVE) N.T.S Gb'ROW f---------·--·----------1 .__I PROPS ' __.!!__ ------.. ~·-· -·--· L'" --i TRANS-"°~ £()p.£Qp I 'i PORTATIO 7• !--1 i' ESM'T ---f I ----I ' 1 .. Tr ---cc •<'' --··-~= =c o •c. •r-F ,.~-. T== ·-\""-~-:--·--. r ··· '- \ . -EXCURB& • · EXCONC . PROPS ' CONC ~ £X CURB & GUITER (TO BE EX PAVEMENT GUTTFH SIDEWALK SIDEWALK REMOVED AND REPLACED) acoNC -TYPICAL EXISTING ROAD CROSS SECTION s;')~"::;~ (WEST BATES AVENUE & SOUTH ELATI STREET -SOUTH OF WEST AMHERST AVE) N.T.S DWELLING UNITS : SINGLE FAMILY DUPLEX UNITS TOWNHOME UNITS CONDOMINIUM UNITT TOTALUNrTS SITE PLAN NOTES: 13 18 69 36 136 SITE PLAN INFORMATION PROVIDED PARKING : ATIACH£D DOUB LE CAR GARAGES ATIACH£0 SINGLE CAR GARAGES CONOO~INIUM GARAGES OFF-STREET SPACES (ADJACENT TO CONDOMINIUMS) SUBTOTAL ON-STREET FOX AND AMHERST AVENUE TOTAL ON-STREET AND OFF-STREET PAR KI NG PROVIDED 1. AU. ROA DWAY, All£YS AND SIDEWALKS ARE TO BE PRIVATELY OWNED AND MAINTAINED. 2 . Ali PROPOSED CURB RAMPS SHALL BE ADA COMPLIANT. 160SPACES 20SPACES 60 SPACES 9SPACES 249 SPACES 64 SPACES 313 SPACES k llala1 l1H H ee1 55' . •' n1 n =1= 11~ ..... ..We in Vt-IH '-~~u au;~1 .C Zd~ -s·~ .... "~. C ... u1 ::»;p Rcn~1) Vz fu %~ift ~J L~ Ht s~~ w CJ :3 ..J > ~ a: 0 == z z :3 0 a. a: w -. I- Ci) I-z > w a: :5 <t c z z :E w :i :5 <t w a: c a. ::> a. ~ w w a: (.) c z <t I/) "lllJ..111~ _ ... __ _ l'fllel.l.ASIQC.!~ OIU.Wlllrt: _ll_W __ ....!!ill!l!L_ SHEET 4 OF 9 8BLENC001 • • • i ;;: I " ~ ! I ~ £ !, J ! 0 25 so 100 SCALE : 1 "=50 ' "' "' ~: 1' ~! as"' ·1 :;:f ~ I :1 I ~S° I iii I ; I i ,' -I I I PROP RETAINrNG WALL -/-.. W/6'HIGH50UND 1 WAUONTOP / I I I I I ! I I I SAND CREEK PUD AMENDMENT . . . .. IRON WORKS VILLAGE UTILITY LEGEND .. . . LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO . EXISTING PROPOSED ,.-PRIVATE DOMESTIC WATER ,/ SERVICE LINE TO BUILDING PROPOSED BlOW·OFF a ~w · · .PUBLIC I ~ S.O'MAX TYPICAL BLOW-OFF ASSEMBLY DETAIL PROP RETAINING WALL ---.._ W/6' HIGH SOUND \ WALlONTOP ,\ lOT 1 H Cl!lll'VIOOO '·· . I I ' I.~ ~_jj~':r-·-11:: TRANSPORATION/ ~ I' ti ' UTILITY EASEMENT / ' I I :: 11 N~'.~~~~ --""':--(1 'I I ~, , PROP POND I I I IS HARGE TO EX CURB & GUTTER OUTLET -\ / 'I i I VIA SIDEWAUC CHASE STRUCTURE \ '1 L "--PROPOSED . J. I " OITTNTION I 'i I POND -. I 1t-ii· //,}Ji~ 4' -. ~. ,7 t I :• 1. //..j._J,,ROP STORMWATER , . "/ \Pu MP VAULT :~ = 0 @ :r--·-:-- (:J .f, @{CJ @ (!] (j'° RCP STORM SEWER PVC STORM SEWER STORM MANHOLE STORM INLET (CURB & GUTTER) ,STORM INLET (lAND5CAPEJ Cl..fANOUT FlARED END SECTION SANITARY MANHOLE SANITARY SEWER WATER MAIN GATE VALVE FIRE HYDRANT STREET LIGHT CURB ANO GUTI"ER SIDEWALK ACCESS IBLE CURB RAMP PROPERTY LINE R.O.W,LINE EASEMENT LINE ELECTRICAL EQUIPMENT TELEPHONE EQUIPMENT CHAIN-LINK FENCE DECIDUOUS TREE WITH TRUNK DIA . IN INCHES (TBRJ <II II • • =i ® ~---.-·--· .. ... a >' A ' L / EX&"Wf%.;.'i" '· EX6"WM ~~i~~~;;i;~~~it~~·: ,,-CONNECTTO .,··~*/' . rf=-1fF~~~)~·~=~ :~ '¥7- .~; f :.~ PR0P~=·SAN~--;l f- .Jlt'". UTILITY NOTES c~~~m.~sFfN~'t'~H RETAINING WALL 1. All STORM SEWER MAINS, lATERAlS, INLm ANO MANHOLES ARE TO BE PRIVATELY OWNED ANO MAINTAINED. 2. BLOW-OFFS ON DEAD-END WATER MAINS SHALL BE WITHINS-FEET OF A DOMESTIC WATER OR IRRIGATION TAP (SEE ~ET AIL AT LIFT). 3. 10 FEET MINIMUM OlSTANCE ts REQUIRED BfTWEEN WATER ANO SEWER SERVICES . . 4. lB INCHES VERTOL ClEARANa IS REQUIRED BETWEEN WATER AND SANITARY SEWER CROSSINGS WITH SANITARY SEWER BELOW WATER. 38("- )if' t i i I HYDRANT ITYPJ I ~1 ···-I I r; ll Ii I'. 'i ~ t !/8 :~~ j! " itf1 IP; 11.•I ii 11n 'I l'j ' <t .1·' I r· 1J. '1 11.i l ll. :1 .. i, i I i.:: rt ~ I I I I I I I I I I I I I I I 5 . .PRIOR TO STARTING EXCAVATION FOR WATER, SEWER ANO STORM SEWER LINES WORK A "PUBLIC RIGHT OF WAY EXCAVATION" PERMIT SHAU BE OBTAINED FROM THE PUBLIC WORKS DEPARTMENT. AU WORK SHAU BE PERFORMED BY A crrv LICENSED AND BONDED CONTRACTOR. OBTAIN THE UCENSE THROUGH THE BUILD ING DIVIStoN (303)762-2357. THE EXCAVATtoN BONO SHALL BE PROCESSED THROUGH THE PUBLIC WORKS DEPARTMENT (303)762-2500. 6. AS PER THE cnv OF ENGLEWOOD MUNICIPAL CODE U -16-10, NO CONNECTlON TOA CITY FIRE HYDRANT Will BE ALLOWED UNTIL THE USER HAS OBTAINED A FIRE HYDRANT PERMIT FROM THE UTIUTIES DEPARTMENT. 7. EACH BUILDING SHALL BE SERVED BY A SEPARATE WATER SERVICE ANO A SEPARATE SEWER SERVICE CONNECTION DIREffiY TO THE NEAREST MAIN, WITHOUT CROSSING OTHER ADJOINING PROPERTIES ANO WITH SEPARATE CURB STOPS INVOLVING ONLY ONE ACCOUNT WHEN WATER ts TURNED ON OR OFF. 8. All CROSSINGS OF THE CITY OF ENGLEWOOD'S WATER , SANrTARY ANO STORM SEWER FA.CILmES MUST BE POTHOL.EO TO VERIFY A MINIMUM OF S FEET HORIZONTAL ::1U.":-\rfC.t.-;.Nu.A MINIMl!M OF 18 IN CHES VEnTICALCLE .~.AA~t E BfT\.VEf.N Tl1[ PRO POSED cmmu~ A.!llr..;~£ EXISTING UTi l.rrl£S. >. Pl.EA5E CALL FOR UTILmES LOCATES THREE (3) DAYS IN ADVANCE OF DtGG iNG . EMERGENCY lOCAliS MUST BE CALllO IN ON THE SAME DAY Of THE EXCAVATION ANO VERIFIED AS AN EMERGENCY BY THE UTILITIES C?EPARTMENT PERSONNEL 4' PUBLIC s• _......,..-"' WATER MAIN TYPICAL PRIVATE ROAD CROSS SECTION (F0>C STREET, AMHERST AVENUE ANO AMHERST PlACE) N.T.S. 12' PRIVATE STORM __ JD SEWER 7' 0 S' -PUBLICS" SAN SEWER PRO~,~~~NG:u~~ -A,,._ 8 t'b l vvc:~•."Mru: .. s. ~l irr. s·wM ~{t WAU.ONTOf' L ~ w II 1 I 111 ii ¥~ 1 1 1'J ii ~ :I il ~if'i ' ,.. · r l 1:"' r(;, TYPICAL 22' PRIVATE ALLEY CROSS SECTION ...._ _,GARAGE GARAGE ~-'' ZZ ' PRIVATE STREET TRACT . 4' ~ OUPL£X HOMES I c :, WATER MAIN EASEMENT rj! BOOK 817, PAGE 398 j .: LJ i I .-CONNECTTO • fXJ8"SANSEWEll ~~.t=-~ --=~~;:,..::~ -, "~ ti~r~· ~~ +~1~~=~ ~"=l ~ ;Fo;.~~a~i ~ .--·· ISIB.Oect l'il r(xs"WM : S.G. IXID\l\iLiOO'S /iil!ll~DVIOi\'I l!IB.OC!lt 3 r 1r1; u it..:tl i" l !I p 11 ~J . rl .~' i1~ ,, 1n1 i'· ri:i'I 1: !I) ;ki ·t11 ,. !1jl " t!r j . . ~ l i ltir-D'JS"SANSEWER J~I . :fi! •"PuBuc ··~I SANITARY SGVER T MAIN . I 4 " PRIVATE , SAN SERVICE I : ITYPI / 8" PUB LIC WATER MAIN ::.1N~Lt. tAMllY tiUMO \ . '-8" PUBLIC WATER MAIN j' 11·1 ,.1 1t·i 1 I l · 11 d !~ ~ ~1_!8,µ±ltl. ______,-I B 1: f: if~'.Li J L ~tLUffiWLiiid5bQr·~J ~-j· -------- --= =-=-==-=-=-=-----=----=-·=---L-~ ' ; t awn -.;;: I;-;;:;~ ~fi;c:<4: _-u ------------- --------------,., -M aJ:=SlMR --=~~-1 'o r:::c ~ :~,= =-n ~ __ \,. -, , ----------: 1 ISl!.OC~ 31 l · ·.> %* PRIVATI WATER SERVICE (TVPJ IU~NHOiviL.i SERVICE CONNECTION NOTE: ANY PROPOSED SANITARY SEWER SERVICES THAT Will BE l..JCATEO UNDER A PROPOSED BUILDING SHAU BE SCHEOULI 40 PVC . ABS MATERIAL IS NOT ALLOWED FOR SANITARY SEWER SERVKES . ~ ! 20' EOA·E OA --J I ===--; = I i::'.:== 1 .. 1 ., 1 .. ~ PUBUC 8" __ _,. .. ...o ~ PUBLIC 8" WATE R M AIN . SAN SEWER rs' TYPICAL 20 ' PR IVATE ALLEY CROSS SECTION N .. S. GARAGE ~ 4' 2D' PRIV AIT STREET TRACT I 4' ~ GARAGE ~ I f---18' EOA-EOA -i I ===--; I = I i::'.:== ~-11' I 3 .5 ~ PUBLICS"--· WATER MAI N I .-PUBLIC 8" . SANSEWER rf TYPICAL 26' PR IVATE ALLEY CROSS SECTION N."1 .~. _,,... GARAGE GARAGE ~ 26' PRIVATE STREET TRACT ~ ~ 4' , EOA-EOA ~ I l== c::::::::::j =I PUBLIC B" -· WATER MAIN 7S' I 11' I , s· ~ ·'° / 0 ..,.-PUBLICS " SAN SEWER ~ ll!la ~I ~ ... CH~ v..-ii~ '-..... ~u .. u~~~ v .l!•a. .CZ§H -~-~ I-g;. C ..... h! ll. i1l i :::>~·3l ii~! • Cl)Bh ;a: E z 1 u %o h~ -~· uiH ~J L ~ .. Ht i~8 w CJ :5 ..J > ~ a: 0 z 3:: 0 :5 c z <( 0. 0 a: ~ !!: 0 . ..J :J 0 § !z 0 w c i;: :5 0 c ~ <( z z w :ii :E w ..J :::::i <( CJ w c z a: :::> w 0. 0. l.:: w w a: 0 c z <( II> f'llllM.MM.:~ --"~ DM-9': ~ ~ SHEET 5 OF 9 BBLENCOOl • • ! I ~ Ii ~ ~ • J. E ,: ~I SAND CREEK PUD AMENDMENT -IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 88 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO I ; I J 1 I LOT 1 IEltCIEIJl>TDOIM PROP NE OffiNTION & WATER QUAliTY POND VOLUME REQ'0=0.57 AC·FT Hwt'"'529S.O TOP OF 8ERMz5297 .0 BOTTOMs5291.0 0.m RELEASE&.t .17CFS ---11 jJ}f""-1" PROP PONDI I :~ : '1 GRADING AND DRAINAGE LEGEND 0 25 so 100 SCALE : 1 "=5D' I I I _, I : I /:' I ,,,. ~ I «?! fli <I I "~ I :1 I 1!!.~-1 ~ I §J f / ff I ~ I ~I PROP RETAINING WAU W/6' HIGH SOUND WAJ.J..ONTOP OUTLET I 'II 11 STRUcnJRE I ~~~~~~~ii-iiiii~Jll i• i Dl5HARGETOEXCURB ; ' 11 1 & GlITTER VIA I ~ \ LJ SIDEWAlk CHASE , v -~ c:: \ n , ~ .r t , \1 '1 ·~;. • I I I PROP STORMWATER PUMP VAULT L _____ _ PROP RETAINING WAll W/6' HIGH SOUND / WAUONTOP 1 r------- PROP RETAINING WAU W/6' HIGH SOUND WAil.ON TOP PROP SW DITTNTION & WATER QUALITY PONO VOLUME REQ'D=0.34 AC-FT HWL,.5301.5 TOP OF BERM==S303 .5 BOTIOM=S296.S 0 11X1 RflEASf:2.82CFS RETAINING WAll (TYP) PRO~.~?.~-- ------ I I I I I 1sm.occ:< 31 L _____ _ CONNECT TO EX~ los-os 1·-----------w,.ia;1T1E$ U.YILJ_ /----.:;;___.__ _J_ -----/·, // ------------------·~ _ _.;;-----s!~~:~ --~ ~_-:;o,-----=~---= ~ _ L ~ ------~~~r--------_ ~/ (_ Cf::-_"-=-~._,_~c;:.~~ r-=~.:.-=-~--=====-=--1 .. ~. , {f .. =:.:::1 · 1~-:__..,_~-~T ""---<r--------1 1-----~~ ---tm&JO<:t{~ tl . H I I c J i S.G . ~U.~J~OO'r ~DiliiTIOli'il ; . -i j IBlll.OCet 2 i i IBUlcct 31 i i EXISTING ~ = D 0 ·'!!> -)---:i- GRADING NOTE : "' l;f -i ,/ ,,-5301-- , ~-5301 ---- ~I~ ~§) [!) d' 3/tf'" RCP STORM SEWER PVC STORM SEWE R STORM MANHOLE STORM INLET (CURB & GUTTER) STORM INLET (LANDSCAPE) CLEANOUT FLARED END SECTION DIRECTtoN OF FLOW W/GRAOE DIRECTION Of FLOW DRAINAGE BA.SIN BOUNDARY DRAINAGE SUB-BASIN (SEE TABLE BELOW FOR SUB-&ASIN INFORMATION) SANITARY MANHOI.£ SANITARY SEWER WATER MAIN GATE VALVE FIRE HYDRANT STREETLIGHT GRADE BREAIC ELIVATION SPOT ELEVATION SUMMIT LOWPOIN1° MAJOR CONTOURS MINOR CONTOURS CURB AND GumR SIDEWALK ACCESSIBLE CURB RAMP PROPERlY LINE R.O.W.UNE EASEMENT LINE HECiKiCl.l EO:.:irMENl TELEPHONE EQUIPMENT CHAIN-LINK FENa DECIDUOUS TREE WITH TRUNK DIA. IN INCHES (TBA) c~~~flt9~sFI~h~i\IH RETAINING WALL SINGlf FAMILY ANO DUPLEX LOTS SHOW OVERLOT GRADING CONTOURS TO ACCOMMODATE FOR BASEMENT SPOILS. FINISHED FLOOR ELEVATIONS Wfll BE PROVIDED WITH DETAILED GRADING PlAN FOR EACH LOT. DRAINAGE SUB-BASIN SUMMARY Su~Basin Area Impervious •t. c, c,,. c, 1Cacres1 lcf~l NE-01 0 .40 83% 0.77 0.88 1.41 NE-02 0 .15 69% 0.67 0.82 0.44 NE-03 0 .41 80% 0.75 0.87 1.36 NE-04 0.18 69% 0.66 0.82 0.54 NE-05 0.04 57% 0.58 0.76 0.09 NE-06 0.13 95% 0.87 0.94 0.52 NE-07 0.13 94% 0 .86 0.93 0.50 NE-OB 0.48 73% 0.70 0 .84 1.39 NE-09 0.54 T7% 0.72 0.85 1.76 NE-10 0.07 32% 0 .39 0.65 0 .11 NE-11 0.14 57% 0.58 0.76 0.37 NE-12 0.36 90% 0.82 0.91 1.34 NE-13 0.33 74% 0.70 0.84 1.00 NE-14 0.83 51% 0 .53 0.73 1.99 SW-01 0.18 39% 0.44 0.68 0.35 SW-02 0.05 50% 0.53 0.73 0.12 SW-03 0.19 49% 0.52 0.73 0.4 5 SW-04 0 .14 92% 0.84 0.92 0.55 SW-05 0 .02 40% 0.45 0.68 0.03 SW-06 0 .12 83% 0.77 0 .8 8 0.42 SW-07 0.65 68% 0.66 0.81 1.97 SW-08 0 .21 60% 0 .60 0.78 0.58 SW-09 0.29 46% 0 .50 0.71 0.65 SW-10 0.48 89% 0.81 0.9 1 1.79 SW-11 0 .49 49% 0.52 0.73 1.04 OS-01 0 .32 44% 0 .48 0.70 0.70 OS-02 0.33 66% 0.65 0 .81 0.97 OS-03 0.15 33% 0 .40 0.65 0.28 OS-04 0 .11 8% 0.21 0.54 0.10 OS-05 0.29 86% 0 .80 0 .90 1.00 OS-06 0.40 61% 0.61 0.78 1.05 OS-07 0 .18 78% 0.74 0.86 0.59 PROPOSED ,. Ill • • => ~ INE-011 @ --<----·--.. .... ---5302.8 GB ---5302.8 --5303.0HP --5302.0lP c, .. lcfsl 3 .10 1.03 3.02 1.28 0.24 1.08 1.05 3.21 3.99 0.35 0.95 2.86 2 .30 5.30 1.03 0.32 1.22 1.17 0.09 0 .93 4.67 1.45 1.81 3.83 2.81 1.97 2.31 0.87 0.48 2.17 2.59 1.33 ,....-5301-- ,,..-5301- Cl )8( ~" 5 ll!l!i l1H u 6§ ia lil~I H =1= ~~·- -O~IU &.~111 aul~l .c z~u -g·-' .... ,;. c~;u • cnH~ ~a; E z ·u %o h~ . ~. uifi ~,_bi ,.. ~S~s w ~ ..J z > s ~ Q, a: w 0 ~ 3': 0 z c z 0 ct Ci E a: a: g c ' c I-0 z z 0 ct w == c· CJ c 0 z z 0 i3 w 3': ct == w a: ct ..J CJ c CJ i:c :::> z Q, w ct z ~ w :ii w :i a: w 0 a: c Q, z ct (/) ___ ,_ .. __ HIOJ.MeOC.:~ O""-nW. _Jl_W __ ~ SHEET 6 OF 9 BBLENC001 • • • i------------------------------------------------r-----··-··-·-· LANDSCAPE zowe u.NDSCAPE AXSA 01.TrSIDE STREET ROW ~ TUE LAWNS WITHIN R.OW -TOTAL MINIMUM REQUIRE> UNDSCAJ'E QUANrml!S: REQUIRED MJ'NIMUM LANDSCAPE AREA: 92.,266 S.F. (%250P1HBTOTALLOTAJU!.A) MINIMUMNt1MBEl.OF11lEES 147 ( I T1lEE PD. W S.F.) MINIMUM NUMBER OF SHRUBS 933 (I Pll 100 S.F.) NO SOUN' Ci SAND CREEK PUD AMENDMENT % OF THE TOTAL LOT AlU!A O!SOJnlOH AJtEA (lH,063 SF.) SOD, MULCH, SHRUB, PERENNlAL BBDS. RJVEllR.OCK B!DS, PEBBU! GARDEN!. ll 1,959 U . PLANT!Jl.S, BOULDERS., SITE P\JRNlSB[NQ SOD, PERENNIAL BED.!, IUVEJl llOCIC. B!DS, PEBBLE GA.RDl!'NS. SITEFtlRHISIDNO PllOPOS.ED UMDSCAPE QUAHTTT1U: 14.S6SU:. 146.5145.JI. PllOPOSl!D LANDSCAPE AltEA: 146,514 SP. ( % 40 OF THE TOTAL LOT AREA) PROPOSED NUMBEJl OFn.E!S 2l5 (I 'T1lEEPEJl61SS.P.) PROPOSED NUMBPll OF SHllUBS 1000 (I TREEP.D.W SJI.) "'' ... %40 di~~=-~~:T"~;p r= -----------, rF LANDSCAPE PLAN SCALE: 1" = 50' IRON WORKS VILLAGE (/ I [ !( ir I I I il I I I I I I [ I [ I [ I I I I I I I Ir ,,-"' fl: STREETPEDl!S11UA.N UOHl'S i' LED Sllat lJPl • ftoto Scmar cGDlnllW. (hnoailll!D 6-.1.-.d: • ....,, 9oft. Firilll liPI htlft .-ill 'be a.a. ia dm.a. -~-JUYbe"'PJltiodby• dift°arat~ Briptecw--6,IOOHoatiiuJ1-. fl: STREBT UGHT ON ELI.TI STll2T i' PLANT LEGEND MATUU SCllN11PJC r(ANI '"" 0-··---·~-§-·· -·----- =~ ~IUIMllllYDIUICln' G ,..... ... coa-n.w:mu:mv. --0-... OUDllTM.~--·~· --0 »Ho ,.,..,...,.,.....,_ --8-··-----0 -·· --......... G ...... ~~a.A\Q' ......... e ,....,._. l'l'IUJu;MIAftA •~l1'11U.. e -·· .....uav...u-· ---G lWl'&sACDT4T.t.alaM ·~-G ., ~~ CU.TMGUfta!IMW.ll...._ e -·· CU.T....all~ ~- ~ -·· S~U?ICILATA U.WDIA. G ...... rr'IUSCAU.D1'AIU.~ u..1rDU.. e IJ.WIL• ........ QLUW~· U -lf'lllA. ® , ...... ~-~ l~ll'OU.. COMMON NANI Stz!. QTY. w.u<L_....,. ra.-t,lUUCm llo.cV'UICVIT,~ ._.....,_ -UCll,COUl&ADOIWI ra.MIQQ'M.DOUDl.A.I _ .......... --- -a.TATM&.Ui' =·--r"'-" a.\WTltODf,W~ ta.AC,~...,..,.. C9tln',~Clll9CT rua.,l"UICllllUT TOTAl.NUMIU.OPTRDSSffOWN: J.U• OVF FIAT GLASS uo .40QW "'11• Srut M.U Hlliddl;p PntMn SodillGI Mc:talffalidc Tho OVFTit.t GIUlroad.,.y I~ ii ideal (orroadw.ys •lirirn cuotrU ~d.Cll' liPt ere ... a. .. --. I, UOln'SIPtt'lFD!D~MA.YKaE'lACU:I WITH SIMILU. 10 MEET XCU. EMDD'l"S ...,.......,,._ 2. nm mt.\CT LOCATION Oft 1'£DDnWll nuET UGCrrs WUL BEftOVIDm WITH DUL l.AHDSC»< "-"'. l . CNClaDO.TOA.VOIDUOHrl'OU.IJ1XIN,NO POU UGKTINOEIA.11. U 1'11.0V1Dl!ll W1nme GaU>toouan;OCCA.SIOHA.1.LOWPA1M UGtmNQ ON ICEY COIHEU. TOGEtHEI. W1TB TH! tol\Q{ ucmn, SHAU. COMnJD uotmHO A.T Oll2N CX>Ul.U. PRIVACY f'l!NCES: l.AACle..Wl:LAIUXIHa\llll lllOWOH nos PLAHMl.1.U alOSIH AMONG Tlal rOlLOWlNG UIT art Q.Oft PMlrOOlCJtO fOVnt.watFM>l'OLOC41XIHJ(MODDAftWATD.) tl;Rt:. ==~,,:s~now ~=COUAJt 0 ~~W\UlNr ~~~\TX)9. MC&TK.&l.STPAC9tOLDCATXIKl(MOODAftWA~ ~:~~ ~.Afl'.~QllU' 0 YaUU«aillra~ ~~WCSUY'IQUILL ---~ IUf!.ISTUUllATA YD~~­V9\JIJMil,.J[~ ~ ............ fMAl.1.-UH:IMAl.l.n&UUJNOWOffnuft.uolW1U.•atOIDIAWONG TIS fOUOWINO USfM a..oll rk0f01.T1UM$ Sovrtl-warPM>tOUIC:A.TIOMl(li«IDO.AftWA'lbJ 1..J'B.• WDDL&JA.Do\va:. 9VT 1-J'DIA. CA.AAOAMA"OMAIA l'L\llllLll,nCIW1' PllUMUI Klttn1'AWJia91/TtU' OCIU.T,aDPOIG1'IS'TDl'ilSAM> ~~ma::iu. ~~nwwn )IQR~P.u:IMOUICATIOMS(MODGADWATD) 1·f'ka CM.U:NDMa.UIAl'ONICA'Um.\' OlnNl2_UOn.owaDIO l.J'OU... ll.IONYMUI FOl.nrMll WOW'l'MUl.DaaALO NABONIAAQU.O.UUW OUOON~HOU.1' S.....U.IAP<l'eCA '.umlOlft'W,' JrarA,~WATDD. l'QDl)M1.I 'WSLJll:rkO\'Sllll PUW1111: POl.UJW9fGunMMDDQAT11 WATDUIW • ~~tinT~~ .uMP&AMAMMA CAMPA>ft4ArD.111CJUCA. DtaHJU sncr.uan oD.AJGUMu. ICllUAHTH2W\lW ttE\IOCE'.L\ UMCUftCA l . PRIVACY FENC2S SHAU. BE USED ONL YTO ENCLOSE THE INTEJUOll SIDE YARDS AT SlNGLE FAMILY DETACHED HOUSES AND DUPLEXES. ND PRIVACY FE'fCE SHAU. BE PfRMil'IED EXCEPT FOi. mosE THAT ARE SHOWN ON THE LANDSCAPE PLAN. L.ANDSCAPE PIAN NOTES: l . LOTS AT STkEET COIND.S SHAU. NOT ODLOY ANY PJUVAC:V FENCi!. l . PJJVACY FENCE AT SIDE Y AADS SIW.I.. RAVE A SETBACX. OF A MINIMUM OF TWELVE rNCKES f10M THE fllONT FACE OF 1llE PJUNCPAL STit.UCTUllE. 4. NO PRIVACY FENCE SHALL BE IDGHEI.. THAN SIX FEET. S. A SIDE Y AJl.D USE EASEMENT SHALL BE GJ..AN'TED TO lllE LOT ON raE NOR.TH FROM n1E LOT ON'THESOUTH. I. TOTAL LANDSCIJ>E AR.EA CALOJ'L.ATIONS AJlE BASED ON A CONC:Em.JAL SITE J'U.N. FINALPllOVIDED LANDSCAPE AREA WIU..BE DETERMIN'20 AT THE TIME OF FINAL oes1GN. AT NO TIME SHAU. LESS THAN l.5% OF THE TOTALA.llEA BE Pllovmeo AS J...\NDSCAPE AR.EA AS DEFINED WITHIN nus Pl.ID. l . SIDEWALKS SHOWN OH THE P~ AJ.ENOT COUNTED AGAINSTTHELAtmSCME ilEACALCUU..TIONS. l . EXACT DESI ON, INC..UDI?ro THE LOCATION OF TllES • SlO.UBS, PEllNNlAL BEDS, sm FURHISHING, ETC. SllAI.J.. BB O~ AT THE TIME OF THE FINAL.DESIGN. 4. ALL LIVING LANDSCA.P! AllEAS SHAll BE DWGATED BY DlllP IRIUGATION . .5 . THERE wn.L BE NO FR.ONT Y AlU> FENCES THl.OUGHOUT THE Pl.O!Ect'. 6. PRIVACY FmCBS SHALL BE USED OHL Y TO ENCLOSE THE INTl!JUOk SIDE YARDS AT SING~ FAMILY DETACHED HOUSES AND DUPLEXES, AS SHOWN ON 1HE PUN. PRIVACY FENCE AT SIDE YARDS NEEDS TO SETBACK.MINIMUM TWELVE INCHES FllOM THE PJlONT FACE OF TifE PRINCIPAL STR.UCTURE.. w CJ s .... > en ~ a: 0 3: z 0 ~ ' I-z w ::e a z w ::e < a ::> a. ~ w w a: 0 a z < en i .!lg .!!:ii lio -!! u ~-c: !! i& E ! .. 8 ~ i le! C!~~ !ciiil ~le a! n..S ... ; c:i 0 0 ~ .... CJ z w i 1 , __ _!IQ__ i ~ g I I ~ . ....,,--.,_.!Q__ OMIMlft _.!Q__ -.alLl1.lli... SHEET 70F9 • OUPLCX DWELLING UNIT . 42 FEET • l [ BUIJ..D INGHEIGHT: • 22'WIDE TOWN HOME 12" O.C. BOARD AND 1X2 BATTON VERTlCAL. SIDING WITH 1X2 CORNER TRIMS OUP~ DWELLING UNIT 20'WIDE TOWNHOME SAND CREEK PUD AMENDMENT -IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO SINGLE '" FAMILY DETACHED HOUSE S!l\!GLE·. FAMILY DETACHED HOUSE DUPLEX DWELLING UNIT DUPLEX DWELLING UNIT smm . .e FAMILY DETACHED HOUSE BLOCK ELEVATION ALONG SOUTH FOX STREET SCALE: 1" = 8' SINGLE: FAMILY DETACHED HOUSE DUPLEX DWELLING UNIT 16'WIDE I 16'WIDE TOWNHOME TOWNHOME 20'WIDE TOWN HOME 22'WIDE TOWN HOME 22'WIDE TOWN HOME 20'WIDE TOWNHOME 16'WIDE I 16'WIDE TOWNHOME TOWNHOME 20'WIDE TOWN HOME BLOCK ELEVATION FACING WEST: TWO SIX UNIT TOWNHOME BUILDINGS SCALE: 1" = 8' DUPLEX DWELLING UNIT 22'WIDE TOWN HOME w CJ :5 ... > ~ a: ~ z 0 !!: i I-z w :IE c z w :IE <( c :::> 11. li.:: w w a: 0 c .9 ! ,.o -ID :iio -e u ::I .: 11 . " • o E i~ 8 ~i1d c 111!!!2 ··~~ §!!!! ... ! :u; ~ ,, 0 ~ 1i'.i ... w ... <( a: :::> I- 0 w I-:c 0 a: <( z <( en I ·--_m_ i ""°"'"...-.:-•_o __ ~ llllo\Wft _m_ g Ill.ti< ....QlLlUli__ ! SHEET i 80F9 ii ·--·····-··. .! ··-··--·----. -·-·· ; i SAND CREEK PUD AMENDMENT -IRON WORKS VILLAGE LOCATED IN THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, CITY OF ENGLEWOOD, COUNTY OF ARAPAHOE, STATE OF COLORADO AAOilTECT\JRAI.. CCM"OSITION SHNGUS ~····:~s.;···. •.iji·····. .· .. ·.····~··· .... ···v .· .. ~ ~ 11 ~+,,a 1i ·······i1 I al~;~ 1 .. 1111 I= ----- B_EfERENC_E LEVEL 4_pLATE: 14Q'.-O~ (2) ~~~I.. ELEVATION (RIGHT ELEVATION O.H.) ------~ ----~ _ __fillfi;f<ENCE LE_l!EL 4: 130'.:_1 ~ REF 3RD FLOOR PLATE: 129'-B 7/B" ~ _ ___B_EFJORENCE ~EL 3: 12Q'.-7_3/4" ...._ REF 2ND FLOOR PLATE: 119'-5" ~ __ ___B_EFJ'RENCE ~EL 2: 11Q'.-3 7/B" /ljl -· REF 1ST FLOOR PLATE: 109'-11/B" _,..., .,_'IAGEDOOR l' I ~~~e _ __ _ __ [lEFERENCJ' LEVE!: 1~ 100'-0" _...._ I -----., ·----..-............ -,____ __.....--....._-....._ -...____ ARCHITECnJRAl.Ca.4POSITION -~ -~---.--.__ . ,,,,.,---SHINGlE5 -----------------------~/<> I ~I ;I I i '"'-~-. -.. . . . ...__:-.....__ .--........_ 'ref ·' > 11 12 .. n.P. II _ __ _ -~ r BEFERENQ_E LEVEL '!J'LATE 1'!Q'-Q_;!i£. .«j; ABERCEMENTSIOING il:L l 0 fXPOSURE _ __ _ __ ~ _ _ REF~§NCE LS.VEL 4 130.'.:; 11.?1§."_ !'JI -------. REF3RDFLOORPLATE 129'-87/8" ~. ABER CEMENT SIDING: I -, 4" EXPOSURE • METAL GUARDRAIL ~ . ____ -~i __ _BEE_EflJ;:NCE~VELL12.fl'-Ul£~ =-'!I-"'' + ------~f-~ -·-__ j3_EF 2ND FLOOR Pt,t-i:~w-s·~ "iii ! ! ":"! Sl4X•f\BERCEMENT °'I w.1'XNJlRIM ' ____ -~l ___ REE_ERENCE l,_EVEL2 : 11.Q'·F/8" -"'Ji -------:t--__ REF 1ST FLOOR PLATE: 109'-1 1/8" /ljl .AOl£REOSVNTHETIC • I . STCHE VENEER ! . ~I t I CD~F~~04NllT~E~LE~VA~T~IO~N~~~~~~~~~~~~~~ -~l _ __ ~EFER§.NQ.E LEVE~ 1~ 100'-0" .«j; I 111 ~~II KEPHART community• planning • arc~tectura I 11 'a 1 H ,, "cc L... J a• r-.,:; .. L. .... ~H • 3.c Rn;H vvl'lca: .CZ!lH -~-~ cf' t-~B C ...l~!i :::a . ~.2 ii~: • Cl)B:; ·'"E Z·H ~o~~~ Au:n ~'.J !U 1 w " ~ > ~ . .:; . iuB ~ en 3: 0 ~ z Q - 0 cl: ~ a: a: > -0 w • ..J ..J !Z \8 ~ w • cl: := Q a: I ~ g i= w ,3:u I ~ II ~ ~ Q " :J: ::::> z (.) ~l w \~ \ 5 \ I II ~I I I I t---1 __ ;__ ! ! I ! _I I I ~I I .. r ~! ·1 ·~ ... ,~ ___Kf.B__ ... l ~1 MDJ.~~-·-t ~ ;~ ·oiuw1re ___llML _ I f ~l;Oit.'n: ~i · Ii !SHEET -i ! l g g ·' ~I' ! OF I i I I ·.1 !I l : ~ . .._: ~ L---------------------------------·------------------------------· ---·-----·-· -----· --·-·-----------------· -------·------------------ • • j ~ • TITLE EXCEPTIONS --------------------------------------------------------------------------------PREPARED YUH 'THE BENEFlT OF' OLD REPUBLIC NATIONAL TITLE INSURANCE C.OMPANY ORDER NUMBER ASC7046107S-5 'MTH AN EITTCTTV£ DATE Of" FEBRUARY 11 , 2016 AT 5:00 P.M. . --------------------------------------------------------------------------------EXCEPTION 1 -NO ADDITIONAL INFORJ/Ar!ON WAS PROVIDED ro THE SURVEYOR OF .RECORJJ. . ANY F'ACTS, RIGHTS, INTERESTS, OR CLAIMS THEREOF, NOT SHOv.111 BY n4E PUBLIC RECORDS BUT THAT COULD BE . ASCERTAINED BY _AN INSP_E~TION OF 'THE LAND OR THAT MAY BE ASSER'JE9 BY PERSONS 1_~. POSSE?S!ON OF THE LANO. EXCEPTION 2 -'NO ADDITIONAL INFORJIATION 1'.AS PROVIDED TO THE SURVEYOR OF RECORD. EASEMENTS, LIENS ~R ENCUM.BRANCES, OR CU\!MS THEREOF,_ NOT SHOWN BY lliE PUBLIC RECORDS. EXCEPTION 3 -THIS SURVEY SERVES TO SATISFY THIS EXCEPTION. ANY ENCROACHl.4ENT, ENCUMBRANCE, l/IOLATION, VARIA.TION, OR ADVERSE CIRCUMSTANCE AFFECTING THE TITLE THAT WOULD BE DISCLOSED BY AN ACCURATE ANO COM~L£TE LAND SURVEY Of THE LAND AND N_OT SHOWN BY THE PUBLIC RECORDS. EXCEPTION 4 -NOT SURVEY RELATED. ANY LIEN, OR RIGHT TO A LIEN, fOR 5£RVICES, LABOR OR MAlt:RIAL HERETOFORE OR HEREAFTER FURNISHED. IMPOSED BY LAW ANO NOT SHOWN BY THE PUBLIC RECORDS. EXCEPTION 5 -NOT SURVEY RELATED. DEFECTS, LIENS, ENCUMBRANCES, ADVERSE CLAIMS OR OTHER MA.TIERS, lF' ANY, CREATED. F"IRST A.PPEARING IN THE PUBLIC RECORDS OR ATIACHlNG SUBSEQUENT TO THE EFFECTIVE DAlE HEREOF BUT PRIOR TO lHE DATE Of THE PROPOSED INSURED ACQUIRES OF RECORD FOR VALUE THE .ESTATE OR INTER_EST OR MORTGAGE THEREON COVERED BY THIS COMMITMENT. EXCEPTION 6 -NOT SURVEY RELATED. (A) TAXES OR ASSESSMENTS TH.\T ARE NOT SHOWN AS EXISTING LIENS BY lHE RECORDS Of .\NY TAXING AUTHORITY THAT L£'v1ES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS; (B) PROCEEDINGS BY A PUBLIC AGENCY THAT MAY RESULT IN TAXES OR ASSESSMENTS, OR NOTICES Of SUCH PROCEEDINGS, WHETHER OR NOT SHOWN BY THE RECORDS Of SUCH AGENCY OR BY lHE PUBLIC RECORDS. . . EXCEPTION 7 -MANHARJJ coNsULTINC DID NOT EXAMINE ANY UNPATENTED MIN/NC CLAIMS, PATENTS, OR JfATER JUCHTS OR CLAIMS OF TITLE TO ,,-ATER AND THE SURVEYOR OF RECORD ASSUMES NO RESPONSIBILITY FOR ANY CLAIMS DR .RJCHT ON THE SURVEYED PROPERTY. . (A) UNPATENTEO MINING CLAIMS; (9) RESERVATIONS OR EXCEPTIONS IN PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF: {C) WATER RIGHTS, CLAll.tS OR TITLE TO WATER . EXCEPTION 8 -NOT SURVEY RELATED. EXISTING LEASES ANO TENANCIES, IF ANY. EXCEPTION 9 -AFFECTS SURVEYED PROPERTY -SHOWN HEREON. EASEMENT GRANTED TO THE CITY OF ENGLEWOOD , FOR A WA lERUNE, AND INCIDENTAL PURPOSES, BY INSTRUMENT RECORDED AUGUST 17, 1953, IN BOOK 817 AT PAGE 398. . EXCEPTION 10 -INTENTIONALLY DELETED. EXCEPTION 11-DOES NOT APPEAR TO AFFECT SURVEYED PROPERTY -EASEMENT VACATED BY INSTRUJIEN1' Ri.l."'ORJ.ll:D. ·;.i;B.idJAJU Z 'l, -=vo:e r.:;,:;}:.'l.t .:i.'i..E.'i'/tvt{ NC. BZCi3i"i1Zii .-_,-SHG',#.N HEREON. EASEMENT Gf<ANTEO TO UNDERGROUND UTIUTY UNES, PIPES ANO STRUCTURES , FOR lJNOERGROlJNO tJTILiiY LINES, ANO INCtOENTAL PURPOSES, BY INSl'RUMENT RECORDED AUGUST 20, 1985, IN BOOK 4521 AT PAGE 556 ANO RECORDED SEPTEMBER 10, 1985 IN BOOK 4542 AT PAGE 315. EXCEPTION 12 -AFFECTS SURVEYED PIWPERTY -SHOWN HEREON. EASEMENTS, CONDITIONS, COVENANTS, RESTRICTIONS, RESERVATIONS ANO NOTES ON THE PLAT OF GENERAL IRON WORKS SUBOll/ISION RECORDED DECEMBER 6, 1985 UNDER RECEPTION NO, 26D925D. BOU":'DARY LINE ADJUSTMENT IN CONNECTION THEREWITH RECORDED JULV 2. 2D02 UNDER RECEPTION NO . B2119969 EXCEPTION .13 -DOES NOT APPEAR TO AFFECT SURVEYED PROPERTY -NOT PLOTTABLE. TERMS, CONDITIONS, PRO\llSIONS, BURDENS, OBLIGATIONS ANO EASEMENTS AS SET FORTH ANO GRANTED IN RAIL PASSENGER SERVICE EASEMENTS RECORDED APRIL 2, 1997, UNDER RECEPTION NO. A.7038167. EXCEPTION 14 -AJ'FECl'S SURVEYED PROPERTY -NOT PLOrTABLE. TERMS. CONDITIONS. PROVISIONS, BURDENS ANO OBLIGATIONS AS SET FORTI-I IN VOLUNTARV NON-PARTICIPATION AGREEMENT RECORDED JULY 12. 1999 UN.DER RECEPTION NO. A9112928. EXCEPTION 15 -INTENTIONAUY DELETED. EXCEPTION 16 -INTENTIONALLY DELETED. EXCEPTION 17 -INTENTIONAUY DELETED. EXCEPTION 18 -INTENTIONALLY DELETED. EXCEPTION 19 -AFFECTS SURVEYED PROPERTY -NOT PLOTTABLE. TERMS, CONOJTIONS, PROVISIONS, BURDENS ANO OBLIGATIONS AS SET FORTH IN ORDINANCE NO. 5. 2012 /2013 RECORDED MARCH H, 201J UNDER RECEPTION NO. 0303183S. EXCEPTION 20 -AFFECTS SURVEYED PROPERTY -NOT PLOTTABLE. TERMS, CONDITIONS, PROl/ISIONS, BURDENS ANO OBLIGATIONS AS SET FORTH IN SANO CREEK PLANNED UNIT DEVELOPMENT RECORDED MAY 14, 201J UNDER RECEPTION NO. 3059798. ALT A/NSPS LAND TITLE SURVEY PART OF LOT 1, GENERAL IRON WORKS SUBDIVISION AND PART OF THE NORTHWEST QUARTER OF Tl-IE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO VENUE AMHE ~ST AVE. (/) iY' fl' 0 Cl "' "' I r "' > > "' z :OE 0 z > " 0 :0 "' Cl "' "' "' (/) (/) (/) :-< :-< :-< 'W. BATES AVE I I fl' .., 0 x (/) :-< ( NOT TO SCALE ) LEGAL DESCRIPTION LOT 1, GENERAL IRON WORKS SUBDIVISION, EXCEPT THAT PORTION n-tEREOF CONDEMNED BY REGIONAL TRANSPORTATION DISTRICT, AS RECITED IN RULE AND ORDER . CASE NO. 01-CV-0060, EXHIBIT A, RECORDED FEBRUARY 24, 2004 UNDER RECEPTION NO. B403J155 ANO RE-RECOROEO APRIL 15, 2004 UNDER RECEPTION NO. 94067360 OF THE RECORDS OF THE ARAPAHOE COUNTY a.ERK ANO RECORDER , TOGETHER WllH PART OF THE NORTHVt'EST QUARTER Of lHE NORTH'll£Sl QUARTER or SECTION 34, TOWNSHIP 4 SOUTH, RANCE 68 WEST Of 1HE SIXTH PRINCIPAL MERIDIAN, COUNTY Of ARAPAHOE. STATE Of COLORADO, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: . fl' > Cl 0 '!: > (/) :-< COMMENCING AT THE SOUTHEAST CORNER Of SAJO LOT 1 ANO CONSIDERING THE SOUlH LINE OF SAID LOT 1 TO BEAR SOUTH 89'24°22" 'NEST, BEING MONUMENTED BY A NO. 4 REBAR IN CONCRETE ON THE EAST ANO A NO. 5 REBAR WITH A 1.5" ALUMINUM CAP STAMPED PLS 28258 ON THE 'NEST, 'NITH ALL BEARINGS CONTAINED HEREIN RELATIVE THERETO; THENCE SOUTH 89'24'22" WEST. A DISTANCE OF 275.40 FEET ALONG SAID SOUTH LINE TO THE POINT OF BEGINNING: THENCE CONTINUING SOUTH 89°24'22• WE.ST. A DISTANCE OF 375.92 FEET ALONG SAID SOUTH LINE TO THE EAST LINE Of THE PROPERTY DESCRIBED IN THE DEED RECORDED JUNE 25, 2010 AT RECEPTION NO. D060984 or THE RECORDS Of THE ARAPAHOE COUNTY CLERK ANO RECORDER; THENCE SOUTH 001>6'35" EAST, A DISTANCE OF J0.06 FEET ALONG SAIC EAST LINE TO THE SOUTH LINE OF SAID NORlHWEST QUARTER 0F: THE NORTHWEST QUARTER Of SECTION 34; THENCE SOUTH 89"23'48'" WEST, A DISTANCE OF 9D .73 FEET ALONG SAID SOUTH LINE Of THE NORTHWEST QUARTER Of THE NORTHWEST QUARTER OF SECTION 34 TO THE EASTERLY LINE Of THE BURUNGTON RAILROAD RIGHT-OF-WAY (FORMERLY ATCHISON-TOPEKA ANO SANTA fE RAILROAD), BEING A NON-TANGENT CURVE; THENCE ALONG THE ARC Of A NON-TANGENT CURVE TO THE LEFT HAVING A CENTRAL ANGLE or 02·1a·21·, A RADIUS OF 5779.65 FEET, AN ARC LENGTH Of 232.58 FEET, lHE CHORD OF 'M--ilCH BEARS NORTH 12'48'28" EAST, A DISTANCE OF 232.57 FEET TO THE SOUTHERLY LINE OF THAT PORTION OF SAID LOT 1 CONDEMNED BY SAID CASE NO. 01-CV-0060, BEING A NON-TANGENT LINE; THENCE NORTHERLY ANO EASTERLY A.LONG LAST SAID SOUTHERLY LINE fOR lHE FOLLO'NING FOUR (4) COURSES: 1) NORTH 20'40'or EAST, A DISTANCE Of 297.55 FEET TO A POINT Of CURVATURE: 2) ALONG THE ARC OF A TANGENT CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 34"57'08", A RADIUS OF 120.00 FEET, AN ARC LENGTH OF 7J.20 FEET. THE CHORD OF 'M-l lCH BEARS NORTH 3a·o5'41• EAST, A DISTANCE OF 72.07 FEET TO A POINT Of TANGENCY; 3) NORTH 55'37'15• EAST, A DISTANCE Of 512.87 FEET: 4) SOUTH 88"58'07" EAST, A DISTANCE OF 265.52 FEET TO THE EASTERLY LINE OF SAID LOT 1: THENCE SOUTHERLY ALONG LAST SAID EASTERLY LINE fOR ntE FOL.LOWING FIVE (5) COURSES: 1) SOUTH 0014'50" EAST, A DISTANCE OF SJ.41 FEET TO A NON-TANGENT CURVE; 2) ALONG THE ARC OF A NON-TANGENT CUR\'£ TO THE RIGHT HAI/ING A CENTRAL ANGl£ OF 60"22'23·. A RADIUS OF 45.00 FEET. AN ARC l£NGTH Of 47.42 FEET, THE CHORD Of WHICH BEARS SOUTH 29"54'56" WEST, A DISTANCE or 45.25 FEET TO A NON-TANGENT LINE; 3) SOUTH 5910'27" WEST, A DISTANCE Of 116.36 f[El; 4) SOUTH 88'57'59'" W£ST. A DISTANCE Of 28.10 FEET; 5) SOUTH OD12'5o• EAST, A DISTANCE Of 320.99 FEET: THENCE SOUTH B9"58'5J" WEST, A DISTANCE OF 277.61 FrET: THENCE SOUTH OO'J5'22M EAST, A DISTANCE OF 337.95 FE.El TO 'THE POINT OF BEGINNING. SURVEYED AREA 369,089 SQUARE ff:H (8.47J1 ACRES)± fl' "' "' 0 > 0 :OE > -< NOTES 1. NOTICE: ACCOROIN.G TO COLORADO LA.W YOU MUST .COMMENCE ANY LEGAL ACTION BASED UPON ANY DEFECT IN THIS SURVEY 'Mll'UN THREE YEARS A.FTER YOU FIRST DISCOVER SUCH DEFECT. IN NO EVENT MAY ANY ACTION BASED UPON ANY DEFECT IN THIS SURVEY BE COMMENCED MORE THAN TEN YEARS FROM THE DA TE OF THE CERTIFlCA TION SHO'M-1 HEREON. 2. ~y PERSON 'M-10 KNOWINGLY REMOVES, ALTERS OR DEFACES ANY PUBLIC l.AND SURVEY MONUMENT OR LAND BOUNDARY tr.tONUMENT OR ACCESSORY, COMMITS A CLASS TWO (2) MISDEMEANOR P~RSUAN~ TO STATE STATUTE 18-4-508, C.R.S. . 3. lHIS SURVEY DOES NOT c6NsTITVTE A TITLE SEARCH BY MANHARO CONSULTING TO DETERMINE OWNERSHIP OR EASEMENTS OF RECORD . FOR ALL INFORMATION REGARDING EASEMENTS. RICHTS-OF-WAY, ANO Till( OF RECOR D , MANHA.RO CONSUL TING RELIED UPON THE Tin.E COMMITMENT PREPARED BY Olll REPUBLIC NATIONAL TITLE INSURANCE COMPANY, COMMITMENT NO. ABC70461075-5 YiHH AN EFFECTIVE DATE Of" FEBRUARY 11 , 2016 AT 5 :00 P.U . 4. lHIS PLAT WAS PREPARED FciR TH( EXCLUSIVE USE OF lHE PERSON(S) OR ENTl"fY(s) NAMED IN THE CERTIFICATE HEREON. SAID CERTIFICATE DOES NOT EXlEND TO ANY UNNAMED PERSON(S) OR ENTITY(S) WITHOUT AN EXPRESS RECERllflCA TION BY THE SURVEVOR NA~ING SAID PERSON(S) OR ENTITY(S). 5 . lHE LINEAL UNIT USED IN THE PREPARATION OF THIS PLAT IS THE U.S. SURVEY FOOT AS DEFINED BY THE UNITED STATES DEPARTMENT or COMMERCE. NATlONA~ INSTITUTE OF STANDARDS ANO TECHNOLOGY. 6. UTILITY LOCAiiONs WERE DERIVED fROU 08SERVEO SURFACE El/IOENCE. 7. BASIS OF BEARtNCS: THE SOUTH LINE Of LOT 1, GENERAL IRON WORKS SUBDIVISION LOCATED IN THE NORlHWEST QUARTER Of THE NORlHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXlH PRINCIPAL MERIDIAN IS ASSUMED TO BEAR SOUTH 89"24'22M 'NEST BETWEEN THE FOUND MONUMENTS AS SHOWN ANO DESCRIBED HEREON. 8. fLOOOPLAIN: 'THE SURVEYED PROPERTY IS LOCATED WllHIN ZONE X, OTHER AREAS -DETERMINED TO BE OUTSIDE 'THE 0.2X ANNUAL CHANCE FLOODPLAIN AS IDENTIFIED BY THE FEDERAL EMERGENCY MANAGEMENT AGENCY (F"EMA) ON FLOOD INSURANCE RATE MAP (FIRM) -MAP NUMBER 08005C0161K WITH AN EFFECTIVE CATE OF OF DECEMBER 17, 201!). (TABLE A, ITEM 3) . 9. NO ZONING REPORT OR LET1ER WAS PROVIDED TO THE SURV£YOR. lHE SURVEYED PROPERTY IS CURRENTLY LOCATED IN THE CITY OF ENGLEWOOD, COLORADO ANO 1S ZONED PUO (PLANNED UNIT DEVELOPMENT) WITH lHE FOLLOWING DEVELOPMENT STANDARDS FROM THE SANO CREEK PLANNED UNIT DEVELOPMENT, RECEPTION NO. DJOS9798 (TA8LE A, ITEM 6(A))o 1. MULTI-UNIT RESIDENTIAL DWELLINGS a. MAXIMUM BUILDING HEIGHT: 75'-D. b. SETBACKS: S'D. FOR All MULTI-FAMILY USES c. OENSHY: MAXIMUM 45 DWELLING UNITS PER ACRE (45 OU/ACRE) d. FLOOR AREA/UNIT: MINIMUM 550 SQUARE FEET e. MAXIMUM FLOOR AREA RATIO: NONE . f. MINl.LAIJM OPEN SP.a.CE (INCLUDES SIOEW.A.l..)t't:;): 25% g Mifril!1.h.JM LDT Wl01H: NONl . " 2 . COMMERCIAL/INDUSTRIAL a . DEVELOPMENT STANDARDS F"OR COMMERCIAL OR INDUSTRIAL USES SHALL COMPLY WITH THE OEVELOPl.tENT REGULATIONS OUTUNEO FOR "THE (MU-B-1) MIXED-USE CEN1RAL BUSINESS AND (1-1) LIGHT INDUSTRIAL DISTRICTS FOUND lN TITLE . 16 OF THE ENGLEWOOD UNIFIED DEVELOPMENT CODE. . b. MAXIMUM HEIGHT: 100·-o· c . SETBACKS: ID'-o• FOR ALL NONRESIDENTIAL USES . 4 . PARKING a. PARKING GiJIDEUNES WILL 8E PREPARED BASED ON FLiTURE DEVELOPMENT USE ANO Will BE SUBMITTED WITH A FINAL SITE PLAN ANO WILL UTILIZE TITLE 16 Of THE ENGLEWOOD UNIFIED DEVELOPMENT CODE AS A BASIS.REDUCTION OF PARKING MAY BE PROPOSED FOR MULTI-FAMILY. SURVEYOR'S CERTIFICATION TO :BLW BUILDERS, UC, A COlORAOO LIMITED UA.BIUTY COMPANY :OLD REPUBLIC NATIONAL TITlE INSURANCE COMPANY : SANDCREEK IN\l(STORS, LLC., A COLORADO LIMITED LIABILITY COMP A.NV THIS IS TO CfRTIFY lHAT Tl-llS MAP OR PLAT ANO THE SURVE:Y ON WHICH IT IS BASED WE:RE MADE IN ACCORDANCE WITI-1 THE 2016 MINIMUM STANDARD DETAIL REQUIREMENTS FOR ALTA/NSPS LANO TITL.£ SURV[YS, JOINTlV ESTA.BUSHED ANO ADOPTED BY ALTA ANO NSPS. ANO INClUOES llt:MS 1, J. 4, 6(G), B, ANO 11 OF TA9LE A THEREOF. DAlE Of PLAT OR MAP: MARCH 16, 2016 BRIAN J. PFOHL COLORADO PLS NO. 38°"5 FOR ANO ON BEHALF Of MANHARO CONSUL TINC 8008 £. ARAPAHOE COURT, sun£ 110 CEHTENNIAL. COLORADO 80112 (303) 708-0500 CLERK Jc RECORDER'S CERTIFICATE I HEREBY CERTIFY THAT THIS PLAT WAS fll(O FOR RECORD IN THE OfF1CE Of THE COUNTY CLERK ANO RECORDER OF ARAPAHOE COUNTY, COLORADO OM TME __ DAY Of , 20_ AT ----O'Q..OCK _.M. RECEPTION NO. ---------- BY: DEPUTY COUNTY Cl.Ott( .lHD AECOJWEll: ...Q~H V1-1U a.....l~!i !ii~ .. c.u~~ v J!'°'a. .c z~u -:!·!I 1-d· C .... tH ::H~-8 • en ~~I .. it E z: 1 • c %o!O .ff C.Uh ~]!H 0 Q <I: ~ 0 ..J 0 0 ui 0 ::c w ~ :::> z <I: w ~ ~ <I: u.. fl) 0 w ~ ~ m z :::> I-0 fl) w 0 3: ... ~ u.. 0 ~ 0 !"" 111l'S B~! > w fr :::> fl) w ..J I- j:: 0 z :3 fl) a. fl) z ~ <I: -.. .. ..::~ -~-•-Ji' __ ~ .J!U!!L!L JJLA._ SHEET 1 OF 2 BBLENCOOl.00 • • j JI; . l i ,, ~ ~ " s ~~ ; F ~ • i "' . ·' J I • j ll 0 :;1 re;------------.00.:>2;---------- TWVIEST CORNER SECTION 34, HS, RISl!liW 0 NO. 5 REBAR w13.2s· ALUMINUM CAP I STAMPED "Pl.$ 22571 , 1993• IN RANGE BOX ~i I!!~ ~~ ~,. I iljij I ;~ ~1 ~~ -~I f£m §1 ~~ zl I!!~ I ~; ~I!' ~~ (N 38"011'14. E) CH•N (02'29 '03"ll>=2i 8'21 • R=5779.65' I (23>40')l=232.58'· (N 12'43'40• E)CH=N 12'48'28" E I cm ... ·>232.51· ,..n;:..'l I I 0 ~ a: O' ~"' "'(' 0 a:; ~"' a: I:! w~ iE J g-. 2:ff- ~ e O,,,· ,_ti? C!7 :r ;:e {:! :;j -:!. § QJ ~(!>-is• WAl[R MAJN EASEMENT. BOOK !17, PA.CE J98 (226.11') 226.2<4' L> • ._ ...... NORTH SIX'TECNll-1 CORNER ---------: ~~ '.h-, > SECTIOH l4, T4S. R68W 0.3' HOll1H f'OIJNO J .25" COOT ALUMINUM CAP STAMPED •PLS 17666, 1995" IN RANGE BOX ALT A/NSPS LAND TITLE SURVEY PART OF LOT 1, GENERAL IRON WORKS SUBDIVISION AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 34, TOWNSHIP 4 SOUTH, RANGE 68 WEST OF THE SIXTH PRINCIPAL MERIDIAN, COUNTY OF ARAPAHOE, STATE OF COLORADO (02'l:Z-.~1 boo2"'Jz"4.4,-R•535.00' l•23.n' CH•S 15'06'17• E 23.77' L----~----,,.-,-..,.--+-----------====----1-1 -_w ___ V_A_L_E_ A VE."1'-:~"':i"DR"':'..~ s:;.n~~ T4s. ••ew H 1!19'30'02. E Hila.~· : TH LINE OF" THE NORTH'lfEST I-I I I c; .. I. I CSTABUSHED POSITION FROM MONUMENT ___ 1"~':7'"" W) N _!9}0~ _ 1125.41' IN 1t·q·5i· I 11&0<!1 oi OUAR'TIR OF n£ NORlliVEST I RECORD ACCEPl[O APRIL. 1'4, 2001 ~ QUARTER OF SECTION 34. T4S, Fl6BW I :; lb@"I' ill I I !! : I N 89'29'19• E -·---• (NH'41'JT[) l!.OV ~ <EXCEP,._I ~ECEPTIC». f\C . 6'03~155 ~+'\I§; ., ....... . .A. ~<:Jq,~''fP ":".#"'o ~c)J SURVEYED PARCEL PART OF LOT 1 POtNT OF BEGflNING FOUND NO. 5 REBAR W/1 .25" ORANGE PlASTIC CAP STAMP ED "PLS 37969" 0.24' NORTH ANO ON LINE 'in "' ~ .... s 89"58'53" w 11.()"I'~ CEICEPYHlllll ~·· ~~ c• ~ .. I I l:ci -F. ::lz ~~ siS -~ ~~ •1 J:U I<~ <~ 15"' ~ 18!. 'll'IEllilllilY'. BOOK NI~ Uc~ Oco" i!IH l!:m I I E (S 00'0<4'111· W) I 1 6-60"22'23"(5 601>0'00" W) R-45.00' l-47.42'(47.1 2') CH=S 29"54'56" W<s J0'04'1a· W> @ 45.25'(45.00') 'Yi· AMHERST ~VE. 3 IDllDlO"il'UOlill AGE 24 ~! 1$~ ~;! ~~ ilz ~~ l':ii ~~ wl!! "~ ail wt; S!i! ~;= 5~ ,;:; ,- ~ :< :§ tti w ~ ~ ! ! SOUTH LINE OF" 1ME NORTH\!CiT OUARID Of" THE NORTHYltST I I QUARTER Of S[CllON t•· T4S, R68W ~Tff *VENl:fE ----~NORT><WEST SJXTEENT>< CORNER SECTION 34, T45, R&BW rouNO , 5• lu.EGIBL.[ ALUMINUW CAP BOOK I, PA.CC <4f5 GRAPHIC SCALE Ill • .. • -- ·-· _L_ L__ ' ' ( DI FEEf ) 1 incb. • BO tl LE GENO • EX. PROPERTY UN£ • EX.. SECTION UNE • EX. LOT LINE • EX.. EASEMENT LINE • EX. CONCRETE CURB 6: GUTlER • EX. EDGE Of' PA'tOIENT • EX. SIOEWAIJ( • 0:. CHAIN-LINK mK:[ (QJ') • EX. O\€RNEAO WIRES '0-• SECTION CORNER 0 • FOUND REBAR AS NOTED • S[T NO. 5 REBAR Wltlol • 1.25" 'm..1.0W PLASTIC CAP STAMPED "PLS 35445" FLUSH 'MlH GROUND FOUND NO. 5 REBAR Wl'TH [J • 1.25• RED PLASTlC CAP STAMPED •plS 38257" f'OUND NO. 5 REBAR 'MTH @ • 1.5• ALUMINUM CAP STAMPED •PLS 282511" 0 • ~~~.:g· 4 REBAR 'MlH -0-• EX . UTILITY POL£ * • EX. UllUTY Pot.£ WITH LIGHT • EX. BUFFALO BOX £ • 0:. WA ltR M"RKER C( • £X. FIRE HYDRANT /AUX. VALVE @ •EX. VAL~ BOX e • EX. WATER METER @> • EX. STORM MANHOl.£ (UH) @ • EX. SANITARY MANHOL.£ (SMH) 0 • O:. a.£ANOUT {CO) e • EX . l:!Ull.ARD/P051 ; • EX. SIGN =t1 • EX. CONCRETE. 9LOCk OR WOOD II RETAINING WAU./PLAHT£R -•EX. AsPHALT CJ • EX. CONCRETE ~ • nru: OCCEPTION NO'TE Q.QQ • BOUNDARY DIMENSlOM 0.00 • LOT DIMENSION IO.flDl • RECORD DIMENSION NW'LY • HORTMllltSTEFU.Y J 1 FOR ANO ON BEHALF OF ~AN HARD CONSUL TING ,,-QB~ ,_t,U o-to;o: &..·d1•j au1h .C Zd~ -··.!! ...~!· C ~tH -~·.s -11~-RcnsJ! VzJ1~ %0~~~ ui~i ~'.J·-;~f~! . . . . • cf. ; .!H !~8 0 c < cc 0 ..J 0 0 ui ~ 0 :r: > w < cc ~ D. ~ z < !/) w cc w > < ..J < LI. I-!/) 0 j::: w ~ c ~ z ID z s ~ I-0 !/) !/) w 0 D. 3: c:i !/) z ,... 0 a-f5 0 3: ..J w < ..J C> z w LI. 0 ~ 0 •llQ.l.nA.: ..A!!__. .......... ~~ -"!!L_ ..2Ul!LlL ..i:..:.s:..._ SHEET 2 OF 2 BBL£NC001 .00 ' • • • TO: THRU: FROM: DATE: Planning and Zoning Commission Brad Powers, Community Development Director Harold J. Stitt, Senior Planner Audra L. Kirk, Planner II July 19, 2016 SUBJECT: Case ZON2016-002 -Public Hearing Sand Creek PUD Amendment -Iron Works Village APPLICANT: BLVD Builders Aaron C. Foy P.O. Box 8625 Denver, CO 80201 PROPERTY OWNER: Sand Creek Investors, L.L.C 3002 South Huron Street Englewood, CO 80110 PROPERTY ADDRESS: 601 West Bates Avenue Englewood, CO 80110 REQUEST: The applicant is requesting approval of the Sand Creek (Planned Unit Development) PUD Amendment. The amendment would allow single family residential units in addition to the already approved multi-family residential units. The Sand Creek PUD District Plan was brought before the Planning and Zoning Commission on November 20, 2012 and forwarded to City Council with a recommendation for approval. The Sand Creek PUD District Plan was approved by Council on February 4, 2013 with the condition that the final PUD Site Plan receive approval from the Planning and Zoning Commission and City Council. RECOMMENDATIONS: The Department of Community Development recommends approval of Sand Creek PUD Amendment, and forwarding to Council with the recommendation to approve . Planning & Zoning Division 303 -762 -2342 Building Division 303-762 -2356 Economic Development 303-762 -2599 1000 Englewood Parkway • Englewood, Colorado 80110 • www.englewoodgov.org •• • LEGAL DESCRIPTION NORTH PROPERTY: Lot 2, Block 1, General Iron Works Subdivision Filing No. 2, located in the northwest quarter of the northwest quarter section 34 , township 4 south, range 68 west of the 5th principal meridian. ZONE DISTRICT: Sand Creek PUD PROPERTY LOCATION AND SURROUNDING LAND USE: The Iron Works Village site is an 8.47 acre parcel located within the Sand Creek PUD . The site surrounds the already approved Foundry Apartments . The Foundry Site Plan was approved by the Planning and Zoning Commission on November 3, 2015 , forwarded to City Council with a recommendation for approval, and approved by City Council on January 19, 2016. The Sand Creek PUD is located adjacent to the RTD Light Rail line between West Bates Avenue and just north of West Amherst Avenue. Land directly to the west is the RTD Light Rail tracks and the BSNF railroad tracks and further west beyond South Santa Fe Drive is an industrial zone district and the Englewood/Littleton Waste Water Treatment Plant. Surrounding land to the east is a combination of 1-1 (light industrial) and R-2-B (single and multi-family) zone districts. This area is a mixture of industrial uses , single and multi-family housing as well as non- conforming residential units in the industrial districts. To the North is the RTD maintenance facility zoned 1-2 (heavy industrial). PUD SITE PLAN APPROVAL PROCEDURE: Approval of a PUD Amendment requires the applicant to hold a pre-application meeting with staff, and a neighborhood meeting with owners and tenants located within 1,000 feet of the proposed PUD. After the neighborhood meeting , a formal submittal is made to the City and reviewed by City departments. Public hearings are held before the Planning and Zoning Commission and City Council. If the PUD Amendment is approved there is a 30 day referendum time period before permits can be granted . BACKGROUND: The Planned Unit Development is a rezoning process that establishes specific zoning and site planning criteria to meet the needs of a specific development proposal that may not be accommodated within existing zoning development regulations. A PUD rezoning provides the opportunity for unified development control for multiple properties or multiple uses. The Sand Creek PUD District Plan was approved on March 4, 2013 , by City Council, and recorded at Arapahoe County March 14, 2013 . The purpose of Sand Creek PUD District Plan was to change the properties Permitted Principal Uses to allow multi-family residential uses in addition to the industrial, office and retail uses allowed in the 1-1 and 1-2 industrial zone districts . The Sand Creek PUD parcel is 10.55 acres and was formerly occupied by General Iron f • • Works (GIW). RTD acquired the northern portion of the GIW parcel for its maintenance • 2 .. • • • facility in 2002 . Sand Creek acquired the southern portion of the GIW parcel in 2010 . Parcels have been zoned industrial since the first zoning was put into place in 1940. NEIGHBORHOOD MEETING SUMMARY: Pursuant to the Unified Development Code PUD procedure, the applicant conducted a neighborhood meeting on Tuesday, March 15, 2016. Notice of the neighborhood meeting was mailed to owners and tenants of property located within 1000 feet of the proposed PUD property . A meeting summary is attached (See Exhibit A). CITY DEPARTMENT, DIVISION AND OUTSIDE AGENCY REVIEW: The applicants had several pre-application meetings with staff in the first and second quarters of 2016 . Issues that were identified during the pre-application meeting were addressed by the applicant and the final PUD packets were submitted to staff on May 26 , 2016 . The final plans were reviewed by City of Englewood departments and the following comments were made : Building: Fire Separation Distance. Exterior wall rating , projections and openings shall comply with 20121RC Table R302.1(1). Engineering Public Works: All revisions requested by Engineering may be completed after public hearing . Revisions address cross sections and street details . Engineering Traffic: The City's traffic engineer is working with Kimley-Horn on the traffic study and does not foresee any traffic concerns with the initial submittal. Community Development: The Sand Creek PUD Amendment will allow for single family residential homes in addition to multi-family residential that was approved under the original Sand Creek PUD. Fire Marshal: As of submittal for ZON2016-002 the City of Englewood Fire Marshal's Office approves of the changes that included access and fire hydrants. Xcel Energy: To ensure that adequate utility easements are available within this development and per state statutes , PSCo requests the balance of tracts (A,D,F,G,H,l,P,R,S,T, and U) be also granted utility easements. Tri-County Health Department: TCHD commends the applicant on the following : • specifying the scale of the proposed structures should relate to the pedestrian. Propos ing pedestrian-scale design features like front porches will aid in the creation of a pedestrian environment that encourages walking, • strong network of on-site sidewalks, and • including bicycle parking. 3 , RTD -Engineering Division: RTD requests that the developer minimize construction • impact to the active rail line adjacent to the project. The rail cars are powered by the overhead electric system. The use of cranes or scaffolding next to the track requires extreme caution. A guide for building in close proximity to existing light rail is attached. (The guide has been forwarded to the applicant). The Sand Creek PUD Amendment is proposing the following: 1. Single Family Detached House Lot Lot Size: 26' X 72' Typical Maximum Lot Coverage (Including Covered Porches and Garages) 60% Building Height: 42' Maximum Maximum Front Setback to Covered Porch: 4' Minimum Front Setback to Principal Building: 8' Minimum Side Setback to Covered Porch On Side Street: 4' Minimum Side Setback To Principal Building On Side Street: 8' Minimum Side Setback: 3' Minimum Rear Setback: 4' Minimum Setback at Side to Rear Transition Curve 3' Minimum (at alley intersections) 2. Duplex Lot Lot Size: 46' X 72'Typical, 51' X 72' On Street Corner Maximum Lot Coverage (Including Covered Porches and Garages) 80% Building Height: 42' Maximum Front Setback to Covered Porch: 4' Minimum Front Setback to Principal Building: 8' Minimum Side Setback to Covered Porch on Side Street: 4' Minimum Side Setback to Principal Building on Side Street: 8' Minimum Side Setback: O' or 3' Minimum Rear Setback: 4' Minimum Setback at Side to Rear Transition Curve 3' Minimum (at alley intersections) 3. Townhome Lot Lot Size: 20'x45' or 16'x45' Typical, 30'x45' on Street Corner Maximum Lot Coverage (Including Covered Porches and Garages) 85% Building Height 42' Maximum Front Setback to Covered Porch: 4' Minimum Front Setback to Principal Building: 6' Minimum Side Setback to Covered Porch on Side Street: 4' Minimum Side Setback to Principal Building on Side Street: 8' Minimum Side Setback: O' or 3' Minimum Rear Setback: 4' Minimum Setback at Side to Rear Transition Curve 3' Minimum (at alley intersections) 4 • • • • • 4. Condominiums Lot Size : Varies Maximum Lot Coverage (Including Covered Porches and Garages) 60% Building Height: 55' Maximum Front Setback to Covered Porch at Street: 4' Minimum Front Setback to Principal Building at Street: 12' Minimum Side and Rear Setback at Alley: 3' Minimum Side and Rear Setback: 1 O' Minimum 5. Parking Current Unified Development Code (UDC) requires 1.5 spaces per unit, plus 1 guest space per 5 units. The proposed development would require 232 parking spaces. The applicant is proposing a total of 313 parking spaces. Of the 313 parking spaces, 64 spaces are on-street parking. The UDC does not allow on street parking to be counted towards the required parking, however, the streets within the Sand Creek PUD Amendment are private streets , and therefore will count towards total parking required. However, if the on street parking was not included, the total number of provided spaces would be 249, which exceed the amount currently required by the UDC. 6. Landscaping The current UDC has different landscaping requirements based on the project type. A single family or multi-unit dwellings (2 to 4 units) requires 40% landscaping . A multi-unit project with more than 4 units requires 25% landscaping . Due to the scope and variety of types of housing, (single family, multi-family) it is hard to compare the proposed landscaping to the required landscaping under the current UDC. However, as outlined in the table below, the applicant is proposing to provide landscaping that is closer to the single family (40%) requirement than the multi-family (25%) requirement. Required trees Required shrubs One unit dwelling or Multi-unit dwelling 236 1475 (2 to 4 units) 40% Multi-unit dwelling (more than 4 units) 147 922 25% Proposed minimum landscaping 235 1000 7. Public Land Dedication: The park fee in-lieu fee for the development will be $52,435 .00 5 SUMMARY: The applicant is proposing approval to amend the Sand Creek PUD to allow single family residential in additional to the multi-family residential approved in the original Sand Creek PUD . The applicant has met or exceeded all requirements in the Sand Creek PUD District Plan. The Sand Creek PUD Amendment must be approved by the Planning and Zoning Commission as well as City Council. PLANNED UNIT DEVELOPMENT CONSIDERATIONS: The Commission must determine if the Sand Creek PUD Amendment is consistent with the Englewood 2003 Comprehensive Plan . The Planning and Zoning Commission can approve , approve with conditions or deny the proposed PUD . PUD Amendment The Site Plan sets forth the zoning regulations under which the proposed development will occur. 1. The PUD Amendment is , or is not, in conformance with the District Plan requirements and the Comprehensive Plan. ,, • The proposed PUD Amendment is in conformance with the District Plan and the Comprehensive Plan. Section 5: Housing, Goal 1 states , "Promote a balanced mix of housing opportunities serving the needs of all current and future Englewood Citizens ". Objective 1-3 states , "Encourage housing investments that improve the housing mix , including both smaller and larger unit sizes, and a • wider range of housing types, including single-family , duplex , town home, and condominium units ". 2 . All required documents , drawings, referrals , recommendations , and approvals have been received. All appropriate documents concerning Sand Creek PUD Amendment have been received . 3 . The PUD Amendment is consistent with adopted and generally accepted standards of development in the City of Englewood. The Sand Creek PUD Amendment is consistent with accepted development standards established by the City of Englewood . 4. The PUD Amendment is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the City. Sand Creek PUD Amendment is in conformance with all other ordinances, laws and requirements of the City. 6 • .. • • • .. ATTACHMENTS: Exhibit A: Sand Creek PUD Amendment (Iron Works Village)-June 13, 2016 Exhibit B: Neighborhood Meeting Summary -March 15, 2016 7 • iJi=Engtewood MINUTES Planning and Zoning Commission Meeting Tuesday, July 19, 2016 1000 Englewood Pkwy -Council Chambers 7:00 PM 1. Call to Order 2. Roll Call .. .,), • 4. • Present: Bleile, Brick, Coleman, Fish, Kinton , Madrid, Pittinos Absent: Freemire (Excused), Townley (Excused) Staff Present: Brook Bell, Planner II Audra Kirk, Planner II Aaron Foy, Boulevard Builders Approval of Mi n utes .. Fish moved; Bleile seconded: TO APPROVE THE MINUTES OF JUNE 7, 2016 Yes : Bleile, Brick, Coleman, Madrid, Pittinos, Kinton, Austin No: None Abstain: Fish Absent: Freemire, Townley Public Hearing: ZON2016-002 Sand Creek Planned Unit Development Amendment Bleile moved; Fish seconded: TO OPEN THE PUBLIC HEARING FOR ZON2016-002 SAND CREEK PLANNED UNIT DEVELOPMENT AMENDMENT Yes: Bleile, Brick, Fish, Coleman, Madrid, Pittinos, Kinton No: None Abstain: None Absent: Freemire , Townley Staff Presentation Audra Kirk, Planner II, was sworn in. Ms. Kirk reviewed the history of the property and the request of the developer to approve the site plan . iDl ;~ 5. Applicant Presentation Planning and Zoning Commission July 19, 2016 Aaron Foy, Boulevard Builders, was sworn in. Mr. Foy presented slides with illustrations of the proposed amended site plan. Public Testimony No members of the public presented testimony. Brick moved; Kinton seconded: TO CLOSE THE PUBLIC HEARING FOR ZON2016-002 SAND CREEK PLANNED UNIT DEVELOPMENT AMENDMENT Yes: Bleile, Brick, Fish, Coleman, Madrid, Pittinos, Kinton No: None A.b~tai.rr .... None Absent: Freemire, Townley Discussion 'Ell' r ~· The Commissioners discussed the merits of the project. Fish moved; Coleman seconded: TO APPROVE ZON2016-002 SAND CREEK PLANNED UNIT DEVELOPMENT AMENDMENT Yes: Bleile, Brick, Fish, Coleman, Madrid, Pittinos, Kinton No: None Abstain: None Absent: Freemire, Townley Motion carried. Public Hearing: 2016-03 Sign Code Amendments Bleile moved; Fish seconded: TO OPEN THE PUBLIC HEARING FOR CASE 2016-03 AMENDMENT TO THE UNIFIED DEVELOPMENT CODE SIGN REGULATIONS. Yes: Bleile, Fish, Coleman, Madrid, Pittinos, Kinton • • • • • e,, . . ,, =j" ):· = 6. 7. a 8. 9. • No: None Abstain: None Absent: Freemire, Townley, Brick Staff Presentation Planning and Zoning Commission July 19, 2016 Brook Bell, Planner II, was sworn in. Mr. Bell informed the Commission that new information has recently become available and he recommends the Commission continue the hearing until such time as the information can be incorporated into the draft revised sign code. The hearing will be continued on August 16, 2016. Fish moved; Madrid seconded: TO CONTINUE THE PUBLIC HEARING FOR CASE 2016-03 AMENDMENT TO THE UNIFIED DEVELOPMENT CODE SIGN REGULATIONS. Yes: Bleile, Brick, Fish, Coleman, Madrid, Pittinos, Kinton No: None Abstain: None Absent: Freemire, Townley Motion passes. Public Forum No members of the public addressed the Commission. Staffs Choice Mr. Bell welcomed Mr. Coleman and Ms. Austin to the Commission. Mr. Bleile requested that introductions be added to the agenda of the next meeting. Mr. Pittinos questioned the mailing of complete plans to the Commissioners. Attorney's Choice Mr. Comer did not have any additional comments for the Commission. Commissioner's Choice Mr. Bell asked the Commissioners if they wished to continue receiving Planning magazine. Mr. Madrid shared information regarding a meeting he attended recently regarding historic preservation options for the community. Mr. Brick requested an update on the progress of the Comprehensive Plan . 10. Adjournment The meeting adjourned at 8:40 p.m. _.;...;;;/s __ / __ Ju=l"""ie_B""""a--il""'"ey..__ __ , Recording Secretary Planning and Zoning Commission July 19, 2016 • • • ,• • CITY OF ENGLEWOOD PLANNING AND ZONING COMMISSION IN THE MATIER OF CASE #ZON2016-002, ) FINDINGS OF FACT, CONCLUSIONS ) AND RECOMMENDATIONS RELATING ) TO THE AMENDMENT OF THE SAND CREEK ) PLANNED UNIT DEVELOPMENT ) ) ) ) ) INITIATED BY: ) BLVD BUILDERS ) Aaron C. Foy ) PO Box 8625 ) Denver, CO 80201 ) FINDINGS OF FACT AND CONCLUSIONS OF THE CITY PLANNING AND ZONING COMMISSION Commission Members Present: Bleile, Brick, Coleman, Madrid, Pittinos, Kinton Go"1 m!c;$ion Me.!Tlbers Ab~emt: .... · Freemire , Townley This matter was heard before the City Planning and Zoning Commission on July 19, 2016, in the City Council Chambers of the Englewood Civic Center. • Testimony was received from staff. The Commission received notice of Public Hearing, the Staff Report, and a copy of the proposed amendment to the Sand Creek Planned Unit Development which were incorporated into and made a part of the record of the Public Hearing. • After considering the statements of the witnesses, and reviewing the pertinent documents, the members of the City Planning and Zoning Commission made the following Findings and Conclusions. FINDINGS OF FACT 1. THAT the Public Hearing on July 19, 2016, was brought before the Planning Commission by the Department of Community Development, a department of the City of Englewood. 2 . THAT notice of the Public Hearing was published in the Englewood Herald on July 7, 2016, and was posted on the City's website from July 7 to July 19, 2016. 3. THAT a neighborhood meeting was held on March 15, 2016, pursuant to the PUD procedure . 4. THAT the applicant is proposing the addition of single family residential in addition to the multi-family residential approved in the original Sand Creek PUD District Plan . 5. THAT the proposed amendment has been reviewed by the Building, Engineering, Public • Works, Traffic, Fire and Community Development Departments and found to comply with all codes and regulations. CONCLUSIONS 1. THAT The Sand Creek PUD Amendment is consistent with accepted development standards established by the City of Englewood and the PUD Amendment is substantially consistent with the goals, objectives, design guidelines, policies and any other ordinance, law or requirement of the City. 2. THAT the proposed PUD Amendment is in conformance with the District Plan and the Comprehensive Plan. Section 5: Housing, Goal 1 states, "Promote a balanced mix of housing opportunities serving the needs of all current and future Englewood Citizens•. Objective 1-3 states, ·encourage housing investments that improve the housing mix, including both smaller and larger unit sizes, and a wider range of housing types, including single-family, duplex, town home, and condominium units•. DECISION THEREFORE, it is the decision of the City Planning and Zoning Commission that Case #ZON2016-002, Amendment to the Sand Creek PUD should be referred to the City Council with the recommendation which follows . The decision was reached upon a vote on a motion made at the meeting of the City Planning and Zoning Commission on July 19, 2016 by Brick, seconded by Kinton, which motion states: AYES: NAYS: ABSTAIN: ABSENT: Motion carried. CASE #ZON2016-002, AMENDMENT TO THE SAND CREEK PLANNED UNIT DEVELOPMENT BE FORWARDED TO CITY COUNCIL WITH A FAVORABLE RECOMMENDATION: Bleile, Brick, Fish, Coleman, Madrid, Pittinos, Kinton None None Freemire, Townley These Findings and Conclusions are effective as of the meeting on July 19, 2016. BY ORDER OF THE CITY PLANNING & ZONING COMMISSION Daryl Kinton, Chair • • •. • • • Sand Creek (Iron Works Village) PUD Major Subdivision Neighborhood Meeting Mayflower Church March 15, 2016 Attendees: Approximately 20 Applicant Presentation 1. Aaron Foy, President, BL VD Builders, LLC , introduced his team and explained how the PUD process works. He explained that the current zone district is currently a PUD that was approved several years ago . Mr. Foy explained that the proposed project would consist of multi-family, and single family residential. The current PUD does not allow for single family homes, he is wanting to amend the PUD to allow single family homes. The proposed project will also be dedicating streets back to the City of Englewood. The street dedication would require a major subdivision, with a public hearing in front of the Planning and Zoning Commission as well as a public hearing in front of Council. Mr. Foy also talked about his proposed project, and the different housing types. He then opened the floor up for questions . Questions 1. What's the square footage on the units? • 1000 s.f. to 2000 s.f. 2. Will the single family homes have a garage? • Yes , they will be rear loaded. 3. Will the single family homes have basements? • Yes, there will be a few homes without basements due to the past contamination on the site. 4. What is the square footage for the condos? • 2 bedrooms will be 1300 s.f . • 3 bedrooms will be 1350 s.f. 5. Does the square footage include the basement? • No. 6 . What is the open space requirement? • There will be open space on the site , but we are planning on paying a fee-in- lieu. 1 2 7. How much will the fee-in-lieu be? • Approximately $100,000 to $300,000. 8 . Will the lots be private? • Yes, all lots will be privately owned. There will be a metro district to maintain common areas, etc. .. 9. Will there be an HOA? • No, there will be a Metro District. 10. What about a restaurant? • There will not be a restaurant. 11. Was a traffic study done? • Yes, the City of Englewood has required a traffic study. There will be an increase of 20 -30% (approx.) 12. The bus stop on Elati , is that a temporary stop? • No. 13. What about the bus stop on Bates? • That stop will not be affected. 14. Is this the same company as the apartment building? • No, it is not. 15 . Will there be any amenities? • Possibly a tot-lot. 16 . What about pre-sales? • We are looking out about a year for pre-sales. 17. How long until completion? • About 3 years out. 18. How big are the lots? • 2 ,000 -3 ,000 s.f. with side/court yard. 19. Will there be a O' lot line? • No, we will have setbacks 20. How tall will these be? • The condo building will be 40 -45' • • • 3 • 21. There are not enough street lights in that area, will you be providing lighting? • • • Yes 22. Comment -the $300,000 price tag will bring our value down. 23. Will there be a front porch to the single family homes? • Yes, they will be approximately 7 -8' deep, we want people to use the porch as an extension to their homes. 24. What will the percentage of HUD homes be? • 0 25. Where are your other project? • RiNo and Thornton 26 . Will these all be market rate? • Yes. 27. How many new people will this bring to the neighborhood? • Approx. 250 28 . What are your parking ratios? • We will be parked at 3 spaces per unit. 29. Will there be bicycle parking, access, trails? • We have been working with the City on the Walk and Wheel Master Plan , the city is planning on have a bike trail along West Bates Avenue that we will tie into and have access too. 30. Has there been any council response to the small 1000 s.f.? • No. 31. What will the exterior materials be? • A lot of siding that is typical in Englewood, and some brick and stone on the condo. 32. Will this project affect the water pressure in this neighborhood? • I am not sure, we are working on that. 33. Comment: I think the single family homes should have larger lots. • The state has concerns about people digging in their yards . 34. How big is the contamination area: • It's hard to tell. 35. Will there be constant monitoring at the state level? • No, that is not a requirement. 36. Will landscaping be done by you? • Yes, we will put in minimums. 3 7. Will you have an on -site sales office? • Yes 38. Will there be anything for a tribute to GIW? • Yes , we are thinking so. 4 ,. • • • ,.. • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: General Obligation Bond Ballot Language (fo r September 6, 2016 the Safety Services Building 11 bi replacement) -2nd Reading Initiated By: Finance and Administrative Staff Source: Kathleen Rinkel, Director of Services Finance and Administrative Services PREVIOUS COUNCIL ACTION Replacing the Safety Services building was identified as a Council goal. During the Council Study session on June 27 , 2016 , a feasibility study and finance analysis was completed and presented to Council to validate the need for replacing the Safety Services Building . Council directed staff to move forward with the replacement effort. On July 5 , 2016 , Council approved a contract with Mile High Public Affairs to include development of public relations/communications plan , provide media consulting, and conduct voter surveys to determine community support of the City's efforts in developing a ballot issue and campaign for the Safety Services building replacement. • The voter survey/polling was completed and presented to Council on August 1, 2016. • Supported by extremely favorable polling results , Council directed staff to develop ballot language to place the General Obligation bond issue on the November 2016 ballot. RECOMMENDED ACTION Finance and Administrative Services staff recommends Council approve a bill for an ordinance, on second reading , approving ballot language for a General Obligation Bond. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Per State law, the voters must approve any additional taxation. To be able to collect property tax to pay for the principal and interest on General Obligations bonds issued , a ballot issue must be approved by the voters for the specific tax. The ballot language proposed is structured to meet TABOR requirements . This General Obligation bond proceeds will fund the new Safety Services building construction and associated safety services equipment needs . The debt requested is $27,000 ,000 and will be issued at, above or below Par based on investor appetite and City needs . The taxpayer cost is expected to be approximately $2.00 per month per $100 ,000 of property value . FINANCIAL IMPACT Cost of issuance of the Bonds , the Safety Services building construction and the associated Safety Services equipment w ill be paid from the Bond proceeds . The debt related costs (principal , interest and any other associated costs) will be covered with the dedicated property tax revenue stream approved by the voters . LIST OF ATTACHMENTS Bill for an Ordinance with Proposed Ballot language • • • .· • ORDINANCE NO. SERIES OF 2016 BY AUTHORITY COUNCIL BILL NO . 30 INTRODUCED BY COUNCIL MEMBER GILLIT AN ORDINANCE SUBMITTING TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT MUNICIPAL ELECTION A BALLOT ISSUE AUTHORIZING THE ISSUANCE OF GENERAL OBLIGATION BONDS OF THE CITY OF ENGLEWOOD FOR THE PURPOSE OF FINANCING THE CONSTRUCTION OF A NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILDING INCLUDING ALL NECESSARY AND APPURTENANT FACILITIES OR PROPERTY. WHEREAS, this bill for an ordinance would submit to the registered voters of the City of Englewood a ballot question issue regarding the issuance of debt for the purpose of financing the construction of a new Police Department Headquarters Building including all necessary and appurtenant facilities or property; and WHEREAS, Article X, Section 20 of the Colorado Constitution requires that the City have voter approval prior to issuance of any multiple-fiscal year direct or indirect debt or other • financial obligation whatsoever; and • WHEREAS, City staff and the City Council agree that the existing Police Services Building is outdated and in need of replacement; and WHEREAS , replacing the current Police Station will enable the City to provide modem facilities for our Police to preserve records and DNA Evidence from Cold Case Files to meet National Certification Standards; and WHEREAS , replacing the current police station will enable the City to provide sufficient secured areas so victims who give their statements about a crime are not in close proximity to those arrested for committing the crime; and WHEREAS, replacing the current police station with a facility that allows for modem internet, modem computers, locker rooms and training equipment for up-to-date policing needs; and WHEREAS, providing Englewood Police additional tools, such as more holding cells that they need to more safely handle those arrested for suspected criminal activity and protect the public safety, and secured parking to protect officers and their families; and WHEREAS , the City's Financial Services Department, City Manager's Office, Police Department and the City 's financial advisor have worked together to find the least expensive method to finance the construction of a new Englewood Police Headquarters Building; and 1 WHEREAS , the least expensive method of financing these improvements is by issuing general obligation debt ; and WHEREAS , the issuance ofthis debt is included in the City 's debt ceiling computation and will not, at any time, exceed three percent of the actual valuation of the taxable property within the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD , COLORADO , THAT: Section 1. Pursuant to the provisions of law the City of Englewood hereby submits for a vote of the registered electors of the City of Englewood at the General Election held on November 8, 2016 the following ballot issue: Ballot Issue SHALL THE CITY OF ENGLEWOOD DEBT BE INCREASED $27 MILLION, WITH A REPAYMENT COST OF UP TO $47 .9 MILLION, AND SHALL THE CITY TAXES BE INCREASED BY UP TO $2 .2 MILLION ANNUALLY FOR THE PURPOSE OF PROTECTING CRIME VICTIMS , POLICE OFFICERS AND THE COMMUNITY BY FINANCING THE ACQUISITION, CONSTRUCTION AND EQUIPPING OF LAND, IF NECESSARY, AND RELATED CAPITAL IMPROVEMENTS FOR USE AS A NEW ENGLEWOOD POLICE DEPARTMENT HEADQUARTERS BUILDING INCLUDING: -PROVIDING MODERN FACILITIES FOR OUR POLICE TO PRESERVE RECORDS AND DNA EVIDENCE FROM COLD CASE FILES TO MEET NATIONAL CERTIFICATION STANDARDS ; -PROVIDING SUFFICIENT SECURED AREAS SO VICTIMS WHO GIVE THEIR STATEMENTS ABOUT A CRIME ARE NOT IN CLOSE PROXIMITY TO THOSE ARRESTED FOR COMMITTING THE CRIME; -REPLACING THE CURRENT POLICE STATION WITH A FACILITY THAT ALLOWS FOR MODERN INTERNET , MODERN COMPUTERS , LOCKER ROOMS AND TRAINING EQUIPMENT FOR UP-TO-DATE POLICING NEEDS ; AND -PROVIDING ENGLEWOOD POLICE ADDITIONAL TOOLS , SUCH AS MORE HOLDING CELLS THAT THEY NEED TO MORE SAFELY HANDLE THOSE ARRESTED FOR SUSPECTED CRIMINAL ACTIVITY AND PROTECT THE PUBLIC SAFETY, AND SECURED PARKING TO PROTECT OFFICERS AND THEIR FAMILIES ; AND TO THE EXTENT FUNDS ARE AVAILABLE ADDRESSING OTHER SAFETY SERVICES NEEDS , BY THE ISSUANCE AND PAYMENT OF GENERAL OBLIGATION BONDS WHICH SHALL BEAR INTEREST , MATURE, BE SUBJECT TO REDEMPTION, WITH OR WITHOUT PREMIUM , AND BE ISSUED AT SUCH TIME, AT SUCH PRICE (AT ABOVE OR BELOW PAR) AND IN SUCH MANNER • • AND CONTAINING SUCH TERMS , NOT INCONSISTENT WITH THIS BALLOT • ISSUE, AS THE CITY COUNCIL MAY DETERMINE; SHALL ADV ALOREM 2 • • • PROPERTY TAXES BE LEVIED WITHOUT LIMIT AS TO THE MILL RATE TO GENERATE AN AMOUNT SUFFICIENT IN EACH YEAR TO PAY THE PRINCIPAL OF, PREMIUM IF ANY, AND INTEREST ON SUCH DEBT AND SHALL ANY INVESTMENT EARNINGS FROM THE PROCEEDS OF SUCH BONDS CONSTITUTE A VOTER-APPROVED REVENUE CHANGE? YES NO Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4 . If a majority of the votes cast on the ballot issues submitted at the election shall be in favor of the ballot issue, the City acting through the City Council shall be authorized to proceed with the necessary actions in accordance with the ballot issue which has been so approved. Section 5. For purposes of Section 1-11-203.5, C .R.S., this Ordinance shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such question shall be the text of the question itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot question is set by the City Council on final reading of this Ordinance. Section 6. If any section, paragraph, clause, or other portion of this Ordinance is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Ordinance. Introduced, read in full, and passed on first reading on the 15th day of August, 2016 . Published by Title as a Bill for an Ordinance in the City's official newspaper on the 18th day of August, 2016. Published as a Bill for an Ordinance on the City's official website beginning on the 17th day of August, 2016 for thirty (30) days. Read by title and passed on final reading on the 6th day of September, 2016 . Published by title in the City's official newspaper as Ordinance No ._, Series of 2016, on the 8th day of September, 2016 . 3 Published by title on the City's official website beginning on the 7th day of September, 2016 for thirty (30) days. Joe Jefferson, Mayor ATTEST : Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the above and foregoing is a true copy of the Ordinance passed on final reading and published by title as Ordinance No._, Series of 2016. 4 · . • • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: September 6, 2016 11ci Fitness Equipment Purchase-Englewood Recreation Center Initiated By: Staff Source: Department of Parks, Recreation and Joe Sack, Recreation Services Manager Library PREVIOUS COUNCIL ACTION Council has supported previous equipment replacement projects to keep facilities operational, provide fitness/wellness opportunities and a safe environment to all guests. RECOMMENDED ACTION Staff recommends that Council approve, by motion, the purchase of fitness equipment for the Englewood Recreation Center in the amount of $122,729.65 from Technogym . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Englewood Recreation Center currently has a combination of Life Fitness and Hammer Strength training equipment that was purchased in 2003. There have been many advances in equipment as well as training regimens that our guests desire. The end goal is to maintain current customers and to attract additional users by upgrading equipment. This new strength equipment will replace both plate loaded and selectorized equipment. This purchase is for 35 machines/equipment which includes selectorized weight machines, free-weights, benches and flexibility unit. TechnoGym Equipment provides • New and Upgraded strength training equipment • lsoControl key fob system -my wellness to track and monitor medical data • Intuitive User Interaction and Appealing to the general population • Medical line of equipment that assists seniors • Consistent user and service between both centers FINANCIAL IMPACT Funds for this project were approved in the 2016 Conservation Trust Fund budget. The Englewood Recreation Center anticipates increased revenues from the addition of new equipment. LIST OF ATTACHMENTS Englewood Recreation Center quote comparison and contract • Englewood Parks & Recreation Quo te Tabulation Sheet Dated 8/18/2016 Item : ERC Strength Training Equipment Supplier Item No. 1 Strength Techno Gym Package Price $189,340.00 6412 E Otero Pl Centennial CO 80112 303 437.8124 Sophia Decolati Discounted Price Quote Date 8/18/2016 $ 109,835.20 Commercial Fitness Solutions Cybex Eagle 12386 Dumont Way #100 Unit Price $203,239 .53 Littleton CO 80125 720 635.5196 Ken Greenberg Quote Date 4/10/16 $ 203,239 .53 Advanced Exercise Equipment Life Fitness -Insignia 861 Southpark Dr Unit Price $103,053 .70 Littleton CO 80120 VGM discounted pricing 303 750.2595 Jody Huddleson Quote Date 2/28/2016 $ 103 ,053.70 $ ERC Equipmen.grade and New Stren -2016 • I Recommended Purchase I Item No. 2 Buy Back Item No. 3 Freight/Install Total Comments Delivery and Installation $ 12,894.45 $ 122,729.65 12960682 I 000118142E Delivery and Installation -equipment anchoring COE responsibility (35 , 772 .00) $ 14,509.00 $ 181,976.53 13417 Delivery and Installation $ 12,921.00 $ 115,974.70 019710-RO 8/18/2016 • • • Your Wellness Business Partner Technogym proposal for: CITY OF ENGLEWOOD technogym.com Prepared by Sophia Decolati lhe WellneM Company . Technogym - The Wellness Company Vision and a total commitment to promoting Wellness, a better lifestyle through regular physical activity, healthy diet and a positive mental approach, have been the ethos ofTechnogym® for over 2 decades . All around innovation, a Total Wellness Solution and the founding philosophy of fusing business with social responsibility set Technogym, the Wellness Company apart. President and founder, Nerio Alessandri, developed his first fitness equipment in his garage in 1983 at the age of 22. Technogym is today a leading company in the Wellness and Fitness field with over 2,200 employees, 14 branches in Europe, U.S., Asia, Middle East and Australia. More than 65,000 Wellness centres are equipped with Technogym and 100,000 private homes all over the world . Technogym's offer embraces products, software and services, to create the Total Wellness Solution. Product lines come alongside with added value services, such as interior design, training and programming, marketing support and facility management catering for all customers and for all markets. In 2012, the company celebrated the opening of the Technogym Village in Cesena, the new company headquarters which represent the first example of Wellness Campus in the world. The project, spread across a 150,000 m2 site, hosts its research and innovation centre, production facilities and a large wellness centre dedicated to physical activity, interior design and wellness education. Ferrari Formula One drivers, such as Schumacher, have been training with Technogym products for years. Football teams like F.C. Juventus, Ir.ite,r FC., A.C. Mila:'1 , A. S .. Ajax, Real Madrid and Chelsea, .as well as the Alinghi Sailing and Ameri ca's C1Jp Luna Ros~ team. all keep fit with the company's many pieces of state-of-the-art equipment. Not only does Technogym supply numerous international sports teams, the company was the official supplier for the last 5 Olympic Games editions: Sydney 2000, Athens 2004, Turin 2006, Beijing 2008 and London 2012. Why Technogym is Your Wellness Business Partner To help people adopt a Wellness Lifestyle, Technogym has developed a platform, the Technogym Ecosystem, whereby anyone can access their own content and their own training programmes on all Technogym equipment, anywhere in the world, using any personal device -mywellness key, mobile phone, tablet, smart TV, PC -becoming part of a global community. The Technogym Ecosystem aims to offer all our business operators a range of products, services, content and programmes that are technologically interconnected for the management of their customers' Wellness lifestyle wherever they may be (Wellness on the Go). This platform is open and allows all operators to create value for their business and further increase opportunities in retention and attraction. The Technogym Ecosystem can be adapted to any business model thanks to a modular system that responds to diverse market operator needs. This is a great opportunity for our industry to grow the percentage of active individuals from 10% to 30% and turn them into new members . In keeping with its mission of bringing Wellness into the world, Technogym has developed an integrated approach to physical activity. We create tailor made business models comprising products and services (our Total Wellness Solution) for all those operators that place people's wellness lifestyle at the heart of their business. We promote partnerships and networking with various operators (trainers, architects, insurance managers, healthcare professionals) in order to deliver complete solutions for the wellness lifestyle management. • • • • • • The Wetlnesa Company Customer Name PROPOSAL FOR CITY 0 F _ ENGLEWOOD CTTY OF ENGLEWOOD Cust. Code C12801 Contact Billing Address Jeff Jones Telephone llSS W OXFORD AVE ENGLEWOOD, CO 80110 U.S.A. Technogym Ref. I Cardio Line DESCRIPTION SKILLMILL Connect UL 3037622680 Sophia Decolati sdecolati@technogym.com "' , '·--''-' 1rw't\..•V J If!. I "ode· DJr.1 -"· :"·' • ""cA'~R -· Cardio line Total Exel Tax I Strength Line DESCRIPTION CHEST PRESS II Selection Chest Press Total Weight Stack: + 30 Kg/60 lbs, Isocontrol: No . Isocontrol, Frame : Anthracite, Upholstery: Black, . Packaging: Oversea Packaging -LB Code : M97030-ANVL VERTICAL TRACTION ~~ Jr Selection Vertical Traction Total Weight Stack: + 30 Kg/60 lbs, Isocontrol: No Isocontrol, Frame: Anthracite, Upholstery : Black, . Packaging: Oversea Packaging -LB Code: M97130-ANVL LOW ROW ·lb Selection Low Row Total Weight Stack: + 30 Kg/60 lbs, Isocontrol : No Isocontrol, Frame: Anthracite, Upholstery: Black, Packaging: Oversea Packaging -LB Code: M98030-ANVL SHOULDER PRESS Selection Shoulder Press i.J~ Total Weight Stack: + 30 Kg/60 lbs, Isocontrol: No ' . Isocontrol, Frame : Anthracite, Upholstery : Black, Packaging: Oversea Packaging -LB Code: M96930-ANVL Ref# Date Expiry Date Destination Ship to Customer Code Price QTY 7,890 .00 1.00 7,890.00 1 Price QTY 4,595 .00 1.00 4,595.00 1.00 4,495.00 1.00 4,595 .00 1.00 Ref# 12960682 / 0001181426 technogym .com 12960682 / 0001181426 CTTY OF ENGLEWOOD -Strength Refresh 2016_Update w/3 year warranty 08/18/16 09/17/16 CTTY OF ENGLEWOOD 1155 W OXFORD AVE 80110 ENGLEWOOD U.S.A. co C12801 NET AMOUNT 6,706.50 1.00 x 6,706.50 USO 6,706.50 NET AMOUNT 3,216.50 1.00 x 3,216.50 3,216 .50 1.0 0 t. 3,216.50 3,146.50 l.00 x 3,146.50 3,216.SO 1.01) :< 3,216.50 3/22 The Wellness Company I Strength Line • DESCRIPTION Price QTY NET AMOUNT ARM CURL w 4,495.00 1.00 3,146.50 Selection Arm Curl ~ ,_-_:(; x ~)-!1.;;.:)r~ Total Weight Stack: + 30 Kg/60 lbs, Isocontrol : No Isocontrol, Frame: Anthracite, Upholstery : Black, Packaging: Oversea Packaging -LB Code: M99230-ANVL ARM EXTENSION 4,495.00 1.00 3,146.50 Selection Arm Extension t · 1 OC x 3, ~46.SC. Total Weight Stack: + 30 Kg/60 lbs, Isocontrol: No Isocontrol, Frame: Anthracite, Upholstery: Black, -. Packaging: Oversea Packaging -LB Code: M94530-ANVL LEG PRESS -e 6,895 .00 1.00 4,826.50 Selection Leg Press t& 1.00 x 4,8?.6 .'iO Total Weight Stack : + 60 Kg/120 lbs, Isocontrol: No Isocontrol, Frame : Anthracite, Upholstery : Black, ~-" Packaging: Oversea Packaging -LB Code: M95160-ANVL -; :..EG E:<ITEf~SION ·. * ·t,495.00 . 1.0C 3,H6.SO Selection Leg Extension 1.00 x 3,146.50 Total Weight Stack: + 30 Kg/60 lbs, Isocontrol: No Isocontrol, Frame: Anthracite, Upholstery: Black, Packaging: Oversea Packaging -LB Code: M99130-ANVL • LEG CURL t 4,495.00 1.00 3,146 .50 Selection Leg Curl 1.00 ., 3,14f).50 Total Weight Stack: + 30 Kg/60 lbs, Isocontrol : No Isocontrol, Frame: Anthracite, Upholstery: Black, Packaging: Oversea Packaging -LB Code: M99030-ANVL ADDUCTOR 4,495.00 1.00 3,146.50 ~ Selection Adductor --,, t l.iJO x 3,146.50 Total Weight Stack : + 30 Kg/60 lbs, Isocontrol: No I 11 -r. 1 Isocontrol, Frame: Anthracite, Upholstery: Black, Packaging: Oversea Packaging -LB Code: M91730-ANVL ABDUCTOR ~1· 4,495.00 1.00 3,146 .50 Selection Abductor . "'i 1.0U < 3,l'lb.50 Total Weight Stack: + 30 Kg/60 lbs, Isocontrol: No g .:/.-·..,,. ·. Isocontrol, Frame: Anthracite, Upholstery: Black, ~~ .. 1 Packaging : Oversea Packaging -LB Code: M91830-ANVL TOTAL ABDOMINAL ii 4,795.00 1.00 3,356.50 Selection Total Abdominal 1 oc '.( 1)56 50 Total Weight Stack: + 30 Kg/60 lbs, Isocontrol: No Isocontrol, Frame: Anthracite, Upholstery: Black, Packaging: Oversea Packaging -LB Code: M98330-ANVL • Ref# 12960682 I 0001181426 technogym.com 4/22 Ref# 12960682 / 0001181426 technogym.com 5/22 l~~~~~ The Wellness. Company I Strength Line • DESCRIPTION Price QTY NET AMOUNT PULLDOWN ·,; 3,145.00 1.00 2,201.50 PureStrength Pulldown .:fLtr 1.'.'.;:"', '$.? .~~[;~-~,;:: Frame: Black, Arms: Silver, Upholstery : Black Code: MG2000 -NBABVO LINEAR LEG PRESS ~ 5,945.00 1.00 4,161.50 PureStrength Linear Leg Press :..uu ;( 4, :r,1 .~.o Frame: Black, Arms : Silver, Upholstery: Black Code: MG7500-NBABVO SEf 2 PLATE HOLDERS ' 110.00 3.00 231.00 ·).00 x T? .00 Code: A0000374 OLYMPIC POWER RACK [tl 4,595.00 1.00 3,216 .50 Pure Benches Olympic Power Rack 1.00 x 3 .7 :5.50 Frame: Black, Code: PG11-NBOOOO Platfonn for Power Rack , ...... 3,195.00 1.00 2,236.50 fir ~ :.uo . 1.,lJ b .~(j Code: A0000760 -NB MULTIPOWER 3,995 .00 1.00 2,796.50 • Element+ Multipower 1.00 :< 2,796.50 Additional Weight: No Smart Pin , Isocontrol : No Isocontrol, Frame : Anthracite, Plastic : Grey, Fixing Type: floor Code: MB83NNO-ANOOGGOO PLATElREE ' 650,00 2.00 910.00 2.00 x 455.DO Code: A0000356-NB . . ADJUSTABLE BENCH ~ 1,400,00 3.00 2,940.00 Pure Benches Adjustable Bench 3.DO x 980.0C Frame : Black, Upholstery: Black, Code: PG04-NBVOOO Strength Line Total Exel Tax 114,310.00 34 USO 80,017.00 I Kinesis DESCRIPTION Price QTY NET AMOUNT PRESS I 5,990.00 1.00 0.00 Kinesis Station Press l.Of: 1. e .JC Total Weight Stack : + SO Kg/100 lbs, Certification: CE, Frame: Brilliant Aluminium , Upholstery : Dark + Ice Grey, Plastic: Dark Grey , carter: Dark Grey, . Packaging : Oversea Packaging -LB Fixing Type: floor Code : MH205E-AC1AGZBGL • Ref# 12960682 I 0001181426 technogym .com 6/22 111e Wellnes& Company • I Kinesis DESCRIPTION Price QTY NET AMOUNT OVERHEAD PRESS 11 S,990.00 1.00 0.00 Kines is Station Overhead Press l.JO x Q.00 Total Weight Stack: + 40 Kg/80 lbs, Certification: CE, Frame: Brilliant Alumin ium, Upholstery : Dark + Ice Grey, Plastic : Dark Grey, carter : Dark Grey, Packaging: Oversea Packaging -LB Fixing Type: floor Code : MH1S4E-AC1AGZBGL LOW PULL JI S,990 .00 1.00 0.00 Kinesis Station Low Pull 1.00 x 0.00 Total Weight Stack: + SO Kg/100 lbs, Certification : CE, Frame : Brilliant Alumin ium , Upholstery: Dark+ Ice Grey, Plastic: Dark Grey, Carter : Dark Grey, Packaging: Oversea Pac kag ing -LB Fixing Type: floor Code: MH9SSE -AC1AGZBGL HIGH PULL di S,990 .00 1.00 0.00 Kinesis Station High Pull 1.00 x 0.00 Total Weight Stack : + SO Kg/100 lbs, Certification : · C.E , f-rame: Bri lliant Alumin ium , Upholstery : Dark + Ice Grey, Plastic : Dark Grey, Carter : Dark Grey, . Packaging : Oversea Packaging -LB Fixing Type: floor • Code : MH30SE -AC1AGZBGL CORE STATION \ ~ " S,990 .00 1.00 0.00 Kinesis Station Core Station 1.00 x 0.00 Total Weight Stack: + 40 Kg/80 lbs, Certification: CE, 'I Frame : Brilliant Aluminium , Upholstery : Dark + Ice Grey, Plastic : Dark Grey, carter: Dark Grey, Packaging : Oversea Packaging -LB Fixing Type: floo r Code: MH654E -AC1AGZBGL STEP/SQUAT JI 7,090 .00 1.00 0.00 Kines is Station Step/Squat 1.00 x 0.00 Total Weight Stack : + 70 Kg/140 lbs, Certification: CE, Frame : Brilliant Aluminium , Plastic : Dark Grey, carter : Dark Grey, Packaging : Oversea Packaging - LB Fixing Type: fl oo r Code : MH677E-ACOOGZBG L SET BACK TO BACK am 60.00 3.00 0.00 CS) 3.Go x a.on Code : AOOOOSSl ..... ,, ... , ONE ,....., .. 11,99S.00 1.00 9,S96 .00 Kinesis One it1 l.GO x 0596.0G Frame : Anthracite, Configuration : Grey, Plastic: Dark 4J . • Grey Code : MS800-AN19GZ Kinesis Total Exel Tax 49,215.00 10 USO 9,596.00 Ref# 12960682 I 0001181426 technogym .com 7/22 I Flexibility DESCRIPTION POSTERIOR FLEXability Posterior Frame : Anthracite , Upholstery : Black, Plastic: Grey , Code : MElO -ANVOGGOO ANTERIOR FLEXability Anterior Frame : Anthracite , Upholstery : Black, Plastic: Grey, Code: ME05-ANVOGGOO The Wellness Company Price QTY ~ 3,395 .00 1.00 lr~ 2,295 .00 1.00 Flexibility Total Exel Tax 5,690.00 2 Devices DESCRIPTION Price QTY ISOCONTROL ARM CURL/ ARM ~ 749 .00 1.00 EXT/ CH EST /INCLINE/ PECTORAL/VERTICAL/S f:ll• HOULDER ~'-'1 .. Isocontrol Selection Isocontrol Arm Curl/ Arm E:4/Chest/Ind ine/Pectoral/Vertical/Shoulder Plastic: Grey, Language : American English Code : EICM909-GGUS ISOCONTROL ARM CURL/ ARM lS:' 749 .00 1.00 EXT I CH EST /INCLINE/ PECTORAL/VERTICAL/S r(il• HOULDER t Isocontrol Selection Isocontrol Arm Cu rl/ Arm n-.•.. ~ E:4/Chest/Incline/Pectoral/Vertical/Shoulder Plastic: Grey, Language : American English Code: EICM909-GGUS ISOCONTROL LOW ROW -~ 749.00 1.00 Isocontrol Selection Isocontrol Low Row ·Ill· Plastic : Grey, Language: American Engl ish ~: ~-"··· Code: EICM902-GGUS ISOCONTROL ARM CURL/ ARM ·r.;;;;-749.00 1.00 EXT /CHEST /INCLINE/PECTORAL/VERTICAL/S till• HOULDER Isocontrol Selection Isocontrol Arm Cu rl / Arm L: .... E:4/Chest/Incl ine/Pectoral/Vertical/Shoulder Plastic : Grey, Language : American English Code: EICM909-GGUS ISOCONTROL ARM CURL/ ARM Ii-749 .00 1.00 EXT/ CH EST /INCLINE/ PECTORAL/VERTICAL/S HOULDER Isocontrol Selection Isocontrol Arm Cu rl / Arm ~;.·- E:4/Chest/Incl ine/Pectoral/Vertical/Shoulder Plastic : Grey, Language : American Engl ish Code: EICM909-GGUS Ref# 12960682 I 0001181426 technogym .com NET AMOUNT 2,716.00 1JJ(j X ),/li-i,Oj !~ 1,836.00 i.00 ~ 1.8 iS.~r; USO 4,552.00 NET AMOUNT 561.75 LOG x 561.75 561.75 1.00 x 56\.15 561.75 1 .00 x 561.75 561.75 1.00' 56 t.75 561.75 l .OD .'( 561 75 8/22 • • • The Wellness Company • Devices NET AMOUNT DESCRIPTION Price QTY ISOCONTROLARM CURL/ARM ;.,..... 749 .00 1.00 561.75 en I CHEST /INCLINE/ PECTORAL/VERTICAL/S ~--1..G O x 561.i'S HOULDER Isocontrol Selection Isocontrol Arm Curl/Arm L .. E:t.t./Chest/Incline/Pectoral/Yertical/5houlder Plastic: Grey, Language : American English Code: EICM909-GGUS ISOCONTROL ARM CURL/ ARM • 749.00 1.00 561.75 en /CHEST /INCLINE/PECTORAL/VERTICAL/S 1.QO x 561.75 HOULDER i • Isocontrol Selection Isocontrol Arm Curl/Arm 1'1£·"" E:t.t./Chest/Incline/Pectoral/Yertical/Shoulder Plastic : Grey, Language: American English Code : EICM909 -GGUS ISOCONTROL ABO/TOTAL ABO/LEG Ii· 749 .00 1.00 561.75 PRESS/LOWER BAK/ROTARY CALF LOO x 561.75 Isocontrol Selection Isocontrol Abd{Total Abd/Leg Press/Lower Bak/Rotary Calf lli<:·• Plastic: Grey, Language: American English :ode : ··EI~19-:'·B ··:.:u~ · .·· ISOCONTROL LEG CURL/EXT ·-749.00 1.00 561.75 Isocontrol Selection Isocontrol Leg Curl/Ext LOO x 561.75 Plastic: Grey, Language: American English • Code: EICM905-GGUS ISOCONTROL LEG CURL/EXT 749.00 1.00 599.20 Isocontrol Selection Isocontrol Leg Curl/Ext ·-LOO x 599.20 Plastic: Grey, Language: American English Ii!.,.. Code: EICM905-GGUS ISOCONTROLADO/ABO ·-749.00 1.00 561.75 Isocontrol Selection Isocontrol Add/ Abd 1 00 x 561.75 Plastic: Grey, Language: American English Code: EICM906-GGUS ISOCONTROLAOD/ABD Ii· 749 .00 1.00 561.75 Isocontrol Selection Isocontrol Add/ Abd LOO x 561.75 Plastic: Grey, Language: American English \l!,, ..... Code: EICM906-GGUS ISOCONTROL ABO/TOTAL ABO/LEG ~ •. 749 .00 1.00 561.75 PRESS/LOWER BAK/ROTARY CALF LOO x 561.75 Isocontrol Selection Isocontrol Abd{Total Abd/Leg Press/Lower Bak/Rotary Calf "'"'··- Plastic: Grey, Language: American English Code: EICM908-GGUS ISOCONTROL ABD/TOTAL ABO/LEG ··~ 749 .00 1.00 561.75 PRESS/LOWER BAK/ROTARY CALF ·-LOO x 561.75 Isocontrol Selection Isocontrol Abd{Total Abd/Leg ' Press/Lower Bak/Rotary Calf ~"-·"" • Plastic: Grey, Language : American English Code: EICM908-GGUS Ref# 12960682 / 0001181426 technogym.com 9/22 The Wellneaa Company Devices DESCRIPTION ISOCONTROL MULTI HIP Isocontrol Selection Isocontrol Multi Hip Plastic: Grey, Language: American English Code: EICM911-GGUS DESCRIPTION Skill Mill Product Training Code: OH000693AA Kinesis Product Training Code: OH000691AA I Delivery & Installation DESCRIPTION Delivery & Installation Code: YOlO Devices Total Exel Tax Education Total Exel Tax Delivery 8r. Installation Total Exel Tax I Equipment Securing Price QTY 749 .00 1.00 11,235.00 15 Price 500 .00 500.00 Price 12,894.45 QTY 1.00 1.00 QTY 1.00 12,894.45 1 Some of the above machines require SECURING to the floor (or wall, or ceiling) by suitable securing kit PRIOR TO USE. Technogym accepts no responsibility for any installation, including cost, instigated by the customer or his/her agents. NET AMOUNT 561.75 USO 8,463.70 NET AMOUNT 500 .00 i.00 x 500 .00 0.00 1.00 x 0.00 NET AMOUNT 12,894.45 l.00 x 12,894.45 USO 12,894.45 Technogym accepts no responsibility for injuries to any person/s or damages or otherwise using the above listed machines resulting from insecurity of the machines . Ref# 12960682 I 0001181426 technogym .com 10/22 • • • • • • Your Wellness Solution Value Gross Total Tax excl. Discount Net Total Tax excl. Sales Tax Net Total Tax incl. (0%) Ref#: 12960682 I 0001181426 The Wellness Company Cust . Code : C12801 CTTY OF ENGLEWOOD -Strength Refresh 2016_Update w/3 year warranty 202,234.4 79,504.8 122,729.6 o.o USO 122,729.65 The pictures and any other figurative representations of products contained in this offer are purely an ind ication and may contain inaccuracies. More accurate information and details of the offered products are contained in the description section. Payment Payment Method Payment Term O/o Expiration Date RCH -RCH -Cheque ADl -ADl -Net 30 100.00 $122,729.65 Customer Proposed Delivery Date: W/C: 11/25/16 ~~~·~ ~-·· ...... :.! •. ...... ~--··•-,. ... ._ ... ,. {F!t:!d.to b-.1.1sed in '°.ase of tlifferent proposal mm th'I'. dient}.. General notes : Please be informed that Technogym may not accept a proposed delivery date earlier than "16" weeks starting from the order acknowledgement and receipt of the full down payment, if applicable. Moreover, please also kindly note that the actual delivery time may vary due to seasonality reasons in the market In any case, Technogym will confirm the applicable delivery date only on the order acknowledgement Delivery date is intended as any of the days within the relevant week (week starts from Monday to Sunday). Delivery Terms: FOB -F.O.B. Factory -Prepaid This proposal reflects current sales tax. Any variance will be reported in the final invoice. Name: ......................................................................... .. Signature for acceptance Role: ............................................................................. . CTTY OF ENGLEWOOD Date: ........................ . Ref# 12960682 I 0001181426 Sophia Decolati ....................................... . TECHNOGYM USA 700 Route 46 East 2nd Floor Fairfield, NJ 07004 Toll free: 800-804-0952 Fax : 206-623-1898 Email: info@technogymusa .com technogym.com 11/22 The Wellness Company Additional Terms of Sale: DDP customer location, freight and installation prepaid and added or f:XW York PA with loading fees only added and prepaid . Other terms may be agreed upon between parties. Technogym may ship partial orders. Tenns and Conditions of Sale which appear on purchaser's documents (including purchase orders) that are inconsistent with these tenns shall be voided. Orders must be canceled 30 days before delivery date, or be subject to a restocking fee of 25% of the net value without T/I . No returns without prior consent of Technogym . Delays in delivery at customer request may result in storage fees. Invoice will issue upon shipment. Prices are good for 30 days . All invoices will be in U.S . dollars unless otherwise stated, and will reflect exchange rate at time of shipment. All products sold with limited warranty . Except for injunctive relief or judgment, parties agree to resolve any dispute by final, binding and non-appealable arbitration . Prevailing party is entitled to attorneys' fees and costs . Payment Terms: Payment due in full, unless otherwise specified on this contract. Authorized purchase orders required for: Leases, Hospitals, Mil itary, School Systems, Municipalities and Corporate Facilities . Proof of tax-exempt status required if applicable . Limited Warranty: Visio and Unity Monitors: Touch Screen, iPod Electric and Electronic Parts -2 years Parts, 2 year Labor . Cardio : Drive Motor and Shock Absorbers -5 years Parts, 2 year Labor . Bearings, Elevation Motor, Electric and Electronic parts -2 Years Parts, 2 year Labor. Deck and Belt (Cardio): 2 years Parts (or 15,000 miles whichever comes first), 2 year Labor. Strength : Structural Frame -10 years Parts, 2 year Labor . Guide Rods, Cams and Pulleys -3 years Parts, 2 year Labor. Bearings and Bushings -2 years Parts, 2 year Labor. Acceptance: Customer Signature: ------------ Name (Please Print): Joe Jeff er SOil Date:----------------- I understand that my signature above constitutes acceptance of the tenns and conditions of sale . Ref# 12960682 I 0001181426 technogym .com 12/22 • • • • • • The Wellnea& Company I Technogym Care DESCRIPTION GLOBAL -Service Package indudes 2 preventative maintenance calls per year of contract term and an extension of the manufacturers warranty to cover parts and labour (does not include wear and tear items). See the separate Service Contract for full details. Code:X123G The after sales contract presented in this page In not part of the main proposal and the installment presented it's not included in the net amount of the proposal nor in the payment schedule . Signing this page the customer agree to purchase a Service contract with the duration and the payment term reported below. Payment Payment Method RBT-RBT -Bank transfer Date: .................. . Purchase moment Duration from date of installation (month) Invoicing Period Upfront tlA At the order 36 Amount/Up front Amount/Up front with VAT Sophia Decolati ....................................... . TECHNOGYM USA 700 Route 46 East 2nd Floor Fairfield, NJ 07004 Toll free: 800-804-0952 Fax: 206-623-1898 Email : info@technogymusa .com Ref# 12960682 I 0001181426 technogym .com USO 5,539.05 USO 5,539.05 13/22 MAINTENANCE SERVICES AGREEMENT TERMS AND CONDmONS The attached Order Form is subject to the following terms and conditions (this "Agreement") which governs the Serv ice Contract from Technogym Corp. USA and/or its Agents \'TG") to the undersigned customerreustomer"). 1. DEFINITIONS AND INTERPRETATION The following terms shall have the following meanings : 'Business Day' means the hours of 8.00 a.m . to 5.00 p.m . on a day, other than a Saturday, Sunday or United States federal holiday . 'Commencement Date' means the date set forth on the Order Form. 'Equipment' means the TG Equipment and Non-TG Equipment 'Economical Maintenance' means an individual piece of Equipment that can be repaired for a sum less than (or equal to) 3 times the annual maintenance prices 'Initial Period' means the period of time set forth in the Order From . 'Maintenance Charges' means the charges payable by the Customer to TG in consideration of the provision of the Maintenance Services, set out on the Order Form . 'Non-TG Equipment' means equipment and parts manufactured and/or supplied by third party manufacturers or suppliers . 'Replacement Parts' means any component, piece of equipment or part that is required for the repair or Maintenance Services to be carried out on the Equipment. 'TG Equipment' means equipment and parts manufactured and supplied by TG or its affiliates . The Order Form and this Agreement, including all schedules and exhibits, constitutes the entire understanding and agreement between the parties with respect to the subject matter of the Agreement. All prior oral or written agreements, understandings, covenants, warranties and representations not incorporated in this Agreement are hereby superseded . This Agreement may be amended , modified or supplemented only in writing signed by all of the parties hereto . This Agreement, when duly executed and delivered by an authorized officer of each party, shall be valid, fully enforceable, and binding upon such party in accordance with its terms, except as limited by bankruptcy or other laws relating to debtors'/creditors' rights generally . 2. MAINTENANCE SERVICES. TG will generally carry out Maintenance Services duling a Business Day, unless agreed to in writing by the parties. A telephone hotline service will be available to the Customer on a Business Day request Maintenance Services. Outside of a Business Day, a Customer can place a request via fax, e-mail or via TG online service and in such circumstances, the request will be deemed to have been made on the following Business Day. 3. EXCLUSION FROM SERVICES. Maintenance Services will not extend to : (a) modifications or additions to the Equipment that are not previously authorized by TG; (b) peripheral items and consumables (lists of which are available from TG); (c) Equipment, in TG's reasonable opinion, can no longer be subject to Economical Maintenance; (d) defects or damage resulting, in TG's reasonable opinion, from misuse or neglect of or accident to the Equipment or failure to follow the instructions or advice of TG or in respect of Non-TG Equ ipment, the manufacturer of the Non-TG Equipment; (e) Equipment not located at the install site; (f) any Equipment which has not been kept or operated by the Customer in accordance with the Customer's obligations set out in this Agreement; (g) Equipment which TG has requested a serial number for at the time of a request for services and has not received in a timely manner; (h) Equipment which has been declared obsolete by TG; and (i) defects or damage resulting , in TG's reasonable opinion, from the variation, interruption, or quality of the Customer's electrical supply powering the Equipment. 4 . MAJNTE!l!ANq £!t-4.RGES. TG m<1y ~mend its Mcintenance Charge~ from t•me to lime with 30 day<;. w.<itten notice to the C~11'tomer. All charg~s by. TG for Maint2nan~e Serv ices are excl~3ive of ail sales, use and exci5e taxes, tariffs, customs, duties, deductions, set-offs, counterclaims, or withholding of any kind . Customer remains responsible for all shipping and handling charges for any parts or Equipment. Late payment of any amount will be grounds for TG to terminate Maintenance Services under this Agreement. Customer agrees to pay interest compounded and payable monthly at a rate of twelve percent (12%) per annum or the maximum rate allowed by law on each amount that is not paid within twenty (20) days of invoice date . Payment of such interest charge will not excuse or cure a breach or default for late payment. Interest charges are in addition to and do not limit any other rights or remedies that TG may have under this Agreement, at law or in equity. Returned checks will be subject to a $50 .00 per check charge. Customer agrees to pay any attorneys ' fees ad costs incurred by TG in the collection of any delinquent amount due TG . S. CUSTOMER'S OBLIGATIONS. To facilitate the provision by TG of Maintenance Services the Customer shall : (1) ensure that the Equipment is kept and operated in a proper manner in accordance with all written guidance issued by TG from time to time (including routine maintenance set out in relevant Equipment user manuals) and ensure that only competent, properly trained persons are permitted to use it; (2) cooperate with TG in all matters relating to the Maintenance Services; (3) use the Equipment in (what TG reasonably deems to be) a suitable environment (induding, but not limited to, a place free from humidity, moisture, dust, and high temperature variations) and be responsible for the costs of creating and maintaining such an environment; (4) use the Equipment with the correct power supplies specified by the manufacturer or TG, as applicable; (5) not move the Equipment or make any addition, modification , or adjustment to the Equipment without TG 's prior written consent; (6) maintain and make available to TG records of the operation, maintenance and any malfunction of the Equipment; (7) provide at no cost to TG, access to the Equipment in a safe and properly insured environment; (8) cooperate with TG in diagnosing and overcoming any malfunction of the Equipment; and (9) inform TG of all health and safety rules and regulations and any other reasonable security requirements that apply at the installation site. 7. REPLACEMENT PARTS. Replacement Parts are TG's property unless they are purchased and supplied by the Customer at no cost to TG. TG will use reasonable efforts to obtain suitable Replacement Parts when required to do so for the provision of Maintenance Services. TG provides third party Replacement Parts WITHOUT WARRANTIES OF ANY KIND . However, third party manufacturers or suppliers may provide their own warranties to the Customer. B. FORCE MAJEURE. TG shall have no liability to the Customer under this Agreement if it is prevented from, or delayed in performing, its obligations under this Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock-outs or other industrial disputes (whether involving the workforce of TG or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery , fire, flood, storm or default of suppliers or subartractors. 9. COMMENCEMENT AND TERM OF AGREEMENT. Except as otherwise provided in this Agreement, this Agreement starts on the Commencement Date and rema ins in force for the Initial Period and may continue after the Initial Period upon the written agreement of the parties. 10. TERMINATION. If the Customer fails to comply with any of its obligations, TG will provide Customer fourteen (14) days written notice to comply . If within such fourteen (14) days, Customer does not comply, in the sole discretion of TG, TG may terminate this Agreement immediately . On termination of this Agreement for any reason, the Customer shall immediately pay to TG all of TG's outstanding unpaid invoices including interest and, in respect of Maintenance Services provided but for which no invoice has been submitted, TG may submit an invoice, which shall be payable by Customer immediately upon receipt. On termination of this Agreement (however aris ing), the following conditions shall survive and continue in full force and effect: sections 6, 10, 13, 17, 18. For contracts with annual, monthly and quarterly payment options, ~ the Customer misses payment of any of those invoices for any reason, TG will contact the Customer and will make a reasonable effort to arrange payment. In any case, TG has the right to terminate this contract if any invoices are past due by more than 30 days . 11. ASSIGNMENT AND SUBCONTRACTING. Customer may not assign, encumber, or in any way transfer or delegate any interest, right or duty under this Agreement without the express written consent of TG . TG reserves the right to assign the Contract and to sub -contract all or any of its obligations set forth here in. 12. AMENDMENTS. No amendments to this Agreement or oral prom ise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties save that TG may from time to time notify the Customer in writing that it proposes to alter, add to or abrogate any provisions of this Agreement giving details of the proposed alteration , add ition or abrogation. Unless the Customer within 28 days of that notice notifies TG in writing that he objects to them, the alteration, addition or abrogation shall be deemed to be agreed and shall take effect accordingly . 13. CONFIDENTIALITY. For the duration of the Agreement and a period of five (5) years thereafter, each party shall keep in strict confidence, the contents and details of this Agreement (including but not limited to the Maintenance Charges) and all other technical or commercial know-how, specifications, inventions, • • • • • • processes or Initiatives which are of a ronfidential nature and have been disclosed to it from the other party, its employees, agents, ronsultants or subcontractors and any other confidential information concerning the other party's business or its products which either party may obtain . "In the event that a Disclosing party receives an Open Records request, the Disclosing Party shall notify the other party to this Agreement of such request'.'-ADDED 8/9/16 14. NOTICES. Ally notice or other communication required or permitted to be given hereunder shall be in writing and shall be sent by first dass U.S. mail, or by facsimile transmission, or by other electronic means or delivered by hand or by overnight or similar delivery service, fees prepaid, to the party to whom It is to be given at the address of such party set forth above or to such other address for notice as such party shall provide In accordance with the terms of this section. Except as otherwise specifically provided In this Agreement, notice so given shall, in the case of notice given by certified mail (or by such comparable method) be deemed to be given and received on the date of certification (or comparable act) thereof, in the case of notice so given by overnight delivery service, on the date of actual delivery, and, In the case of notice so given by facsimile transmission, or personal delivery, on the date of actual transmission or, as the case may be, personal delivery . If any communication Is sent by e-mail or such other electronic means, such communication shall be effective upon confirmation (whether by return e-mail or otherwise) of receipt of such e-mail or electronic transmission . 15. SEVERANCE. If any provis ion of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement remain In full force and effect . Nothing in this Agreement affects any statuto<y rtghts that cannot be waived or limited by contract . 16. WAIVER. Failure or delay by TG in enforcing or partially enforcing any provision of this Agreement will not be construed as a waiver of any rights and any actual waiver of any breach of, or default under, any provision of this Agreement by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the enforcement of any other provision of this Agreement. 17. LAW AND JURISDICTION. The terms, conditions and covenants contained in this Agreement shall be governed by and construed In accordance with the laws of the state of Colorado, exdusive of any conflict of laws provisions . 18. Mediation. The parties desire to resolve disputes arising out of this Agreement without litigation . The City of Englewood will agree to Mediation NOT Arbitration. Technogym Service contract offering: o The parties understand and acknowedge that each party is subject to Article X. Subsection 20 ri the Colorado Constitution ("TABOR"). The parties do not intend to violate the tellTIS and requirements of TABOR by the execution of this Agreement It is understood and agreed that this does not create a multi-fiscal year direct or indirect debt or obligation v.ithin the meaning of TABOR and, no!Wthstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31 . Financial obligations of the City payable after the current fiscal year are contingent upon funds for that purpose being appropriated , budgeted , and otherwise made avaijable in accordance v.ith the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agre<ema-nt shall be terminated.-8/9/1& GLOBAL -Service Package includes 2 preventative maintenance calls per year of contract term and an extension of the manufacturer's warranty to cover parts and labor (does not include wear and tear items). See the separate Service Contract for full details . GLOBAL PLUS -Service Package which includes 2 preventative maintenance calls per year of contract term and an extension of the manufacturer's warranty to cover parts and labor, includes wear and tear items. See the separate Service Contract for full details . PROGRAM -2 planned maintenance visits per year to keep the equipment in an optimal state of functionality, including cleaning internal items, external lubrication and belt & cable tension adjustment. See the separate Service Contract for full details Payment Terms: Authorized purchase orders required for: Leases, Hospitals, Military, School Systems, Municipalities and Corporate Facilities. Proof of tax-exempt status required if applicable. Payment due in full , unless the Customer opts for an annual, quarterly or monthly payment option, or otherwise specified on this contract. For the quarterly and monthly payment options, it is required that the Customer completes the ACH Recurring Payment Authorization form attached . Acceptance: Customer Signature: Name (Please Print): Joe Jefferson Date : I understand that my signature above constitutes acceptance of the terms and conditions of the service contract sale . The following is the Standard Manufacture Warranty offered with new product sold by Technogym USA. There are additional service packages available to purchase which extends Technogym the Standard Manufactures Warranty. STANDARD MANUFACTURER WARRANTY TERMS 1m1 e 0 e origina owneron1v L" 't d t th . I I PRODUCT LABOR PARTS PART SPECIFICATIONS COVERAGE COVERAGE 10 yrs Structural Frame -Coatings Excluded-Weight Stacks and 2 Yrs. Welded Moving Parts STRENGTH 8r. MOVEMENT (6 months 3 yrs Plate Holders, Hardware, Guide Rods, Cams, Pulleys, Selection, Element +, Pure Strength, labor Extension Mechanism and Brake System Easy Line, Flexability only on and all Kinesis Products wear&. 2 yrs Pistons, Rotating Bearings, Bushings and Linear Bearings tear Parts) W & T: Cables, Upholstery, Springs, Handgrips, Wood 6 months Panels, Plastic Parts and other parts not listed 10 yrs Structural Frame -Coatings Excluded 2 Yrs. 5 yrs Motor and Shock absorbers (6 months 2 yrs Rotating Bearings, Linear Bearings, Elevation Motor, TREADMILLS labor Electric and Electronic parts Run Now & Jog Now only on wear&. 2yrs or 15,000 miles, whichever is first, on Deck and Running tear Parts) belt (after-which will be considered as wear & tear items) 6 months W & T: Handgrips, Displays, Plastic Parts and other parts not listed 10 yrs Structural Frame -Coatings Excluded 2 Yrs. 3 yrs Arms and Other Welded Moving parts (6 months .!\.I.I.: ~reE!l ·C<irdic !:q i.:ipmei;:t labor Rotating Bea ri ngs, Linear Bearings, Alternators, Electric Synchro, Bikes, Stepper, Crossover, only on 2 yrs and Electronic parts Top and Vario wear& tear Parts) 6 months W & T: Chain, Upholstery, Handgrips, Displays, Plastic Parts and other parts not listed 2 Yrs. Touch Screen, iPod reader, Smartkey reader, Electric and (6 months 2 yrs Electronic parts VISIO/VISIOWEB/ ARTIS/UNITY labor DISPLAYS only on W & T: External wires, Plastic Parts and other parts not wear& 6 months listed tear Parts) 2 Yrs. 10 yrs Structural Frame -Coatings Excluded 3 months 3 yrs Cranks, Flywheel, Handlebar, Seat Post, Handlebar Post labor only Bottom bracket cartridge assembly, Pillow block bearings, GROUP CYCLES on wear&. 2 yrs tear Parts. Tension assembly Year labor Pedals (After which will be considered as wear & tear only on 1 yrs items) pedals) 3 months W & T: Seat, Grip, Pedal Straps, Brake Pads WARRANTY TERMS SPECIFICATION Products are warranted from the date of installation and for the above specified duration. All warranted parts will be installed by a qualified technician at no charge during the "Labor Warranty" period . Support Hours are 8:00 am to 7:00 pm EST Monday to Friday, except for public and company holidays. On-site support : If service by telephone is impossible for technical reasons, support will be provided on the facility's premises within the following 24 to 72 hours dependent upon time of call and time zone location. Customer is responsible for normal preventative maintenance, a schedule of which can be provided at the time of installation . Consult technical support. Breakages due to misuse or attributable to voluntary action will be excluded . • • • • • • Th• Wellne•• Company Selection THE SMOOTHEST STRENGTH EXPERIENCE SELECTION is the superior line for professional strength training with more than 20 pieces of equipment used by more than 30 million users all over the world. Rich in design and comfort, SELECTION offers the best combination of easy, user friendly and effective training in selectorised equipment . » SUPERIOR BIOMECHANICS FOR A SAFE, SMOOTH TRAINING Thanks to reproduction of the body's physiological trajectories resulting from the application of Biomotion concept, movements are smooth, effective and safe. Physiocam design allows you to perceive a constant resistance throughout the entire exercise. » EXCEPTIONAL EASE OF USE A reduced number of adjustments is required before getting started . Controls can be rapidly identified (Visual Yellow Set Up) and reached from the exercising position (Ergoadjustment). The integrated Smart Pin allows you to increase the weight gradually in 2 .5 kg increments. Easy start device makes starting exercising easy maximising the ROM (Range of Motion). Neutral and double handgrip and reduced height above the ground are designed to accommodate users of various builds. :» TOTAL COMFORT Ergonomic seat, anatomical backrest and use of padding with different densities provide correct support for the spine and all other parts of the body (Bioseat). The Towel Locking Device is a support holding the towel on the backrest during exercising. » ACKNOWLEDGED DESIGN With its smooth elliptical design, SELECTION has redefined the standard for strength equipment shapes over the last 10 years, making the most copied product of the industry . A large range of colour options is available with more than 10 different combinations. More product info: www.technogym.com/selection technogym .com 17 of 22 Tha Wellne&1 Company Kinesis Stations INTUITIVE FUNCTIONAL MOVEMENT With Kinesis Stations you will experience Intuitive Functional Movement. Easy to use equipment combining the benefits of functional strength with the simplicity of more conventional equipment to advance progressively from a guided and easy routine to a more free and natural training. ~ A NEW TRAINING EXPERIENCE FOR YOUR MEMBERS Kinesis Stations line consists of 6 attractive, non-intimidating pieces of equipment designed to exert your body with primal movement (push I pull, core and squat) for a total body workout engaging the main muscle groups in a functional manner. A wide variety of exercises and progressions, free and without limitations, to be performed either completely independently or in the presence of a Personal Trainer . ~ TECHNOLOGY DESIGNED AROUND HUMAN MOVEMENT Thanks to the FullGravity Technology (patented) users can perform movements freely without interference with their body for a more intuitive and natural exercise feeling. The preset position for handles make easy to start training and no prior setting is required. The double weight stack add efficacy to the training. ~ KINESIS STATIONS IS A DISTINCTIVE BUSINESS OPPORTUNITY Kinesis Stations enable you to address the full spectrum of your members' and prospects' needs in term of training abilities and goals for a more targeted offer. As a perfect engagement point with clients, they are the ideal tool to generate secondary revenues through Personal Training and keep your members motivated. Flexible layout options are available. All Kinesis Stations are certified in accordance with European Directive 93/42/EEC concerning Medical Devices for use in the medical sector. ~ DISCOVER THE WORLD OF KINESIS AT WEKINESIS.COM, THE NEW TECHNOGYM WEB COMMUNITY WeKinesis is the new web community dedicated to Kinesis®. Personal Trainers, facility owners and users can discover and share their passion for functional training with Kinesis®. WeKinesis offers a vast source of videos, photographs and programmes for a 360° view of the very best of Kinesis. Visit www.WeKinesis.com! More product info: www.technogym.com/kinesisstations technogym.com 18 of 22 • • • • • • Th• Wellnesa Company Purestrength SPORT PERFORMANCE Built to the highest standards in biomechanics, ergonomics and safety to provide the best possible strength training experience and results, PURESTRENGTH offers the freedom and pure feel of free weights within a safe environment. This new concept plate-loaded equipment facilitates effective and safe training for excellence . ~ BIOMECHANICAL RESEARCH FOR SAFE AND PERFORMING TRAINING Based on an accurate biomechanical analys of exercise patterns, PURESTRENGTH accommodates the body's natural movement for each major muscle group, thus protecting joints whilst maximising muscle recruitment and force output. Also, workloads are distributed according to movement trajectory to produce the optimum torque throughout the complete range of motion. ~ INNOVATIVE MATERIAL AND FEATURES COMFORT AND EASE OF USE Adjustments are easy and intuitive : the yellow Visual Flags show the correct positioning of the body on the equipment while the correct seat adjustment number -once found -is just the same in each PURESTRENGTH machine . Maximum exercise comfort and stability are provided by the Body Print System, a special high-density upholstery filling adapts to the shape of the body. ~ SAFE WARM UP AND ERGONOMIC HAND GRIP The unique Warm Up & Stretch feature enables users to stretch specific muscle groups before exercise to inimise potential injuries and to lengthen and relax muscles after each training session. Push and pull movements become more effective and comfortable with the new Pure Grip design that distributes the load more evenly. Markings show correct hand positioning and the grained texture of the surface increases grip and prevents lateral slipping . The special aluminium, copper and silicon alloy ensures maximum durability. More product info: www.technogym.com/purestrength technogym.com 19 of 22 The Wellnesa Company Kinesis One THE ORIGINAL MOVEMENT The Kinesis innovation & technology is a lso availalble in one single station. Developed as a free standing unit with a reduced footprint, Kinesis One provides a complete training solution for the gym floor. Ideal for Personal Trainers coaches or as an easy to use option for members. > 3D MOVEMENT FOR GREATER TRAINING RESULTS Thanks to the patented FullGravity Technology, Kinesis makes movement free and enjoyable, easy and natural, and without restrictions . Kinesis is more effective as it activates the kinetic chains, not only the single muscle. The continuous cable loop system allows you to move freely with minimal interference from the body . The handles are ready to use and do not require any prior setting. The double weight stack adds efficacy to the training. > A SINGLE STATION FOR A WIDER OFFER The new Kinesis One station offers the innovations of Kinesis in a single stand alone solution featuring as a highly versatile product for every gym facility. Ideal for advanced workout with Personal Trainers or as an easy to use option for members with basic movements. Jl> A PROFITABLE BUSINESS SOLUTION Kinesis provides you with profitable business models to maximize results and to support you step by step, day by day to achieve your goals. The business models combine many different tools alongside the equipment : training programs, personal trainer education, practical adv ice on how to market the product inside the club, additional marketing suggestions and checklists, and layout options . > DISCOVER THE WORLD OF KINESIS AT WEKINESIS.COM, THE NEW TECHNOGYM WEB COMMUNITY WeKinesis is the new web community dedicated to Kinesis®. Personal Trainers, facility owners and users can discover and share their passion for functional training with Kinesis ®. WeKinesis offers a vast source of videos, photographs and programmes for a 360° view of the very best of Kin esis . Visit www.WeKinesis.com More product info: www.technogym.com/kinesisone technogym.com 20 of 22 • • • • • • The WeUnaH Company FLEXability EFFECTIVE STRETCHING AND BACK PAIN REDUCTION An innovative line of equipment for effective, enjoyable stretching, based on Technogym's rigorous scientific research. It consists of 2 pieces of equipment, Anterior and Posterior, for extending the anterior and posterior kinetic chain . )> NATURAL SELF-REGULATED STRETCHING The innovative technological system Selflex (patent pending), exclusively developed by Technogym, enables to gently modulate the extent of muscle elongation by the gradual and proportional intervention of the user's own body weight, thereby avoiding potentially dangerous situations. ,,. SUPERIOR RESULTS IN LESS TIME The FLEXability line works on the main kinetic chains, chiefly stretching the shorter 'ring' of the muscle chain in a simple and effortless way. Compared to traditional analytical stretching, which works on the single muscle groups, the FLEXability line maximises effectiveness by reducing the duration of the exercise and delivering excellent results at the same time. ,,. FLEXABILITY METHOD: THE FUTURE OF STRETCHING Technogym's Scientific Research Department has developed the FLEXability Method, which provides a logical and systematic approach to stretching exercises involving a progression of duration and execution. More product info: www.technoqym.com/flexabilitv technogym.com 21of22 The WellneH Company Join the Technogym Experience Partnerships WELLNESS PARTNER Visual & Merchandising Press Coverage AT.HF.N$ 20<t4 OrFil:fAl. r?.O\'ICE'll. ' ..... iu,._.w.,.1u...••-•• -........... -# ·-~vu10 .. u ~ \\ 1~~;~~;;;~;~~~~~:;t;';:i~;'P'h;;j;;;_ .. ~·1;5a; ---r;artaildefeu1,pos.slbilitedeprogrammersa rautine d'enuatnement favorit<!. P11b/1c. •c;'tii•.P~, QQ9 . - ,. •I dilflcilt!: I5mi11uw.s par jour suffoen:. seditquefulubrksport, c'e!ltuvp<'ompli- l{U'ln.<nllerr111 li]uipm11mtcbezso~ c't'St cheret suttout trop cncombranr. Dref., .'flll$ 1ni1w~z I 000 nt:UfiM ... qui feront us mourrezsarement llV11Dt J'avoir J 00 ,,.;:.~-_,ci/'Jlt · · •tu sa1m ~Is GZ~t ~t'1• !Jock limtt pf us en pltJs Xii e ti da11s le111s s ~ . oi av ue sw1 seufcm<'nt demilllde romme11t is sider mes 11/tJis tr moi-meme A sur-.. rf!~1n1 unec0Uectiou1J'nrrflc,mlr-~-/'••:Ulillll•••llill technogym.com ~¥ P\li\ ,Jtlll t'• I ii\ \WK 11·\'lff\ 22 of 22 • • • • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: September 6, 2016 11 cii Fitness Equipment Purchase-Malley Senior Center Initiated By: Staff Source: Department of Parks, Recreation and Joe Sack, Recreation Services Manager Library PREVIOUS COUNCIL ACTION Council has supported previous equipment replacement projects to keep facilities operational , provide fitness/wellness opportunities and a safe environment to all guests. RECOMMENDED ACTION Staff recommends that Council approve, by motion, the purchase of fitness equipment for the Malley Senior Recreation Center in the amount of $51 ,262.35. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The Malley Recreation Center currently has Nautilus and Life Fitness selectorized weight equipment purchased in 2003 . Since 2003 there have been many improvements in strength equipment that directly affect our guests' experience . In 2005 Nautilus discontinued the current line of equipment and no longer provides support, maintenance or a supply of replacement parts. This purchase is for 17 selectorized weight machines. TechnoGym Equipment provides • New and Upgraded strength training equipment • lsoControl key fob system -my wellness to track and monitor medical data • Intuitive User Interaction and Appealing to the general population • Medical line of equipment that assists seniors • Consistent user and service between both centers FINANCIAL IMPACT Funds for this project were approved in the 2016 Conservation Trust Fund budget. The Malley Senior Recreation Center anticipates increased revenues from the addition of up-to-date equipment. LIST OF ATTACHMENTS Malley Recreation Center quote comparison and contract • Englewood Parks & Recreation Quote Tabulation Sheet Dated 8/22/2016 Item: Malley Strength Equipment Replacement Supplier Strength Equipment Advanced Exercise Equipment Circuit strength 861 Southpark Dr 14 pieces+ Littleton CO 80120 dumbell rack 303 750.2595 Jody Huddleson jhuddleson@advancedexercise .com Quote Date 2/25/2016 $ 50 ,023.00 Push Pedal Pull Circuit strength 6850 N. Broadway Unit C&D 18 pieces Denver CO 80221 720 347.7253 Gloria Cornyn bmudd@gushgedalgull .com Quote Date 11/30/2015 $ 56 , 190.83 Techno Gym Circuit strength 6412 E Otero Pl 15 pieces Centennial CO 80112 303 437.8124 Sophia Decolati .. sdecolati@technog~m .com Quote Date 7/26/2016 $ . ' 40,004.50 Item Accessory console incl. in total $1058 $ - $ - lsocontrol (15) 374.50 x $ 5,617.50 • • I · Recommended Purchase ·· I Item Equipment Item Exchange Freight/Install Total Comments Special pricing due to VGM standard warranty Life Fitness Equipment $ -$ 6,275.00 $ 56,298 .00 QUO 019681-RO 4350 freight charge extraction 18x$75 $1350 3150 delivery Precor Equipment $ -$ 7,500 .00 $ 63,690.83 QUO 12227 ··-· Techno Gym Equipment . $ ' -$ 5 ,640 .35 $ 51,262 .35 QUO 12960681/0001181507 • • • Your Wellness Business Partner Technogym proposal for: technogym,com Malley Senior Center Prepared by Sophia Decolati The Wellness Company Technogym - The Wellness Company Vision and a total commitment to promoting Wellness, a better lifestyle through regular physical activity, healthy diet and a positive mental approach, have been the ethos ofTechnogym ® for over 2 decades . All around innovation, a Total Wellness Solution and the founding philosophy of fusing business with social responsibility set Technogym, the Wellness Company apart. President and founder, Nerio Alessandri, developed his first fitness equipment in his garage in 1983 at the age of 22 . Technogym is today a leading company in the Wellness and Fitness field with over 2,200 employees, 14 branches in Europe, U.S., Asia, Middle East and Australia. More than 65,000 Wellness centres are equipped with Technogym and 100,000 private homes all over the world. Technogym's offer embraces products, software and services, to create the Total Wellness Solution. Product lines come alongside with added value services, such as interior design, training and programming, marketing support and facility management catering for all customers and for all markets. In 2012, the company celebrated the opening of the Technogym Village in Cesena, the new company headquarters which represent the first example of Wellness Campus in the world . The project, spread across a 150,000 m2 site, hosts its research and innovation centre, production facilities and a large wellness centre dedicated to physical activity, interior design and wellness education . Ferrari Formula One drivers, such as Schumacher, have been training with Technogym products for years. Football teams like F.C. Juventus, Inter F.C., A.C. Milan, A. S. Ajax, Real Madrid and Chelsea, as well as the Alinghi Sailing and America's Cup Luna Rossa team, all keep fit with the company's many pieces of state-of-the-art equipment. Not only does Technogym supply r.umerous international sports teams , the company was the official supplier for the last 5 Olympic Games editions: Sydney 2000, Athens 2004, Turin 2006, Beijing 2008 and London 2012. Why Technogym is Your Wellness Business Partner To help people adopt a Wellness Lifestyle, Technogym has developed a platform, the Technogym Ecosystem, whereby anyone can access their own content and their own training programmes on all Technogym equipment, anywhere in the world, using any personal device -mywellness key, mobile phone, tablet, smart TV, PC -becoming part of a global community . The Technogym Ecosystem aims to offer all our business operators a range of products, services, content and programmes that are technologically interconnected for the management of their customers' Wellness lifestyle wherever they may be (Wellness on the Go). This platform is open and allows all operators to create value for their business and further increase opportunities in retention and attraction . The Technogym Ecosystem can be adapted to any business model thanks to a modular system that responds to diverse market operator needs. This is a great opportunity for our industry to grow the percentage of active individuals from 10% to 30% and turn them into new members. In keeping with its mission of bringing Wellness into the world, Technogym has developed an integrated approach to physical activity. We create tailor made business models comprising productS and services (our Total Wellness Solution) for all those operators that place people's wellness lifestyle at the heart of their business . We promote partnerships and networking with various operators (trainers, architects, insurance managers, healthcare professionals) in order to deliver complete solutions for the wellness lifestyle management. • • • • • • The Wellnesr. Company PROPOSAL FOR Malley Senior Center Customer Name Cust. Code Contact Billing Address Telephone Technogym Ref. I Strength Line DESCRIPTION ARM CURL Element+ Arm Curl Malley Senior Center Allison Boyd 1 (303) 762-2660 Sophia Decolati sdecolati@technogym.com Total Weight Stack: + 20 Kg/40 lbs, Additional Wei!)ht Sm~rt p;., 4-7 5kg/+51bs, Isocontrol : No lsocontrol, Frame: Anthracite, Upholstery: Black, Plastic: Grey, Carter: I-Pac, Packaging: Oversea Packaging -LB Code: MB552CO-ANVOGGJL ARM EXTENSION Element+ Arm Extension Total Weight Stack: + 20 Kg/40 lbs, Additional Weight: Smart Pin + 2.Skg/ + 51bs, Isocontrol: No Isocontrol, Frame : Anthracite, Upholstery: Black, Plastic: Grey, Carter : I-Pac, Packaging: Oversea Packaging -LB Code: MB602CO-ANVOGGJL ADDUCTOR Element+ Adductor Total Weight Stack: + 20 Kg/40 lbs, Additional Weight: Smart Pin +2 .Skg/+51bs, Isocontrol : No Isocontrol, Frame : Anthracite, Upholstery: Black, Plastic: Grey, Carter: I-Pac, Packaging: Oversea Packaging -LB Code: MB052CO-ANVOGGJL ABDUCTOR Element+ Abductor Total Weight Stack: + 20 Kg/40 lbs, Additional Weight: Smart Pin +2.Skg/+51bs, Isocontrol: No Isocontrol, Frame: Anthracite, Upholstery: Black, Plastic: Grey, Carter: I-Pac, Packaging: Oversea Packaging -LB Code: MB102CO-ANVOGGJL Ref# 12960681 / 0001181507 • If ~ Ii Ref# Date Expiry Date Destination Ship to Customer Code Price QTY 3,395.00 1.00 3,395.00 1.00 3,295.00 1.00 3,295.00 1.00 technogym.com 12960681 / 0001181507 Malley Senior Center -Strength Refresh 2016 w/Indusive 08/18/16 09/17/16 Malley Senior Center 3380 S Lincoln St 80113 Englewood USA co NET AMOUNT 2,206.75 1.00, 2,206 .75 2,206.75 1.00 x 2,206.75 2,141.75 1.00 x 2,141.7 5 2,141.75 1.00 x 2,141.7 5 3/15 lhe Wellness Company I Strength Line DESCRIPTION Price QTY NET AMOUNT • ABDOMINAL CRUNCH .. 3,595 .00 1.00 2,336.75 Element+ Abdominal Crunch ' : ::1: :< !.::·~r .. r; Total Weight Stack: + 20 Kg/40 lbs, Additional Weight: Smart Pin +2.5kg/+51bs, Isocontrol : No Isocontrol, Frame: Anthracite, Upholstery: Black, Plastic: Grey, Carte r: I-Pac, Packaging : Oversea Packaging -LB Code: MB652CO-ANVOGGJL LOWER BACK 11 3,595.00 1.00 2,336.75 Element+ Lower Back 1.013 x 2,336.75 Total Weight Stack: + 20 Kg/40 lbs, Additional We ight: Smart Pin +2 .5kg/+51bs, Isocontrol : No . Isocontrol, Frame : Anthracite, Upholstery : Black, Plastic : Grey, Carter: I-Pac , Packaging: Oversea Packaging -LB Code: MB452CO-ANVOGGJL DUAL ADJUSTABLE PULLEY 7,090.00 1.00 4,608.50 Element+ Dual Adjustable Pulley L OO x 4,608 . 50 Tota l Weight Stack : + 60 Kg/120 lbs, Additiona l Weight: No Smart Pin, Isocontrol: No Isocontrol, Frame : Anthracite, Plastic: Grey, Carter : I-Pac, . ~::l cka~:r.a ; C·1r-;:~~ n ... !"'~Jg i ng U3 Fixing Type: floor Code: MB436NO-ANOOGGJL LAT MACHINE [ 3,095.00 1.00 2,011.75 • Element+ Lat Machine LOO x 2,0il.75 Total We ight Stack: + 30 Kg/60 lbs, Additional Weight: No Smart Pin, Isocontrol: No Isocontrol, Frame : Anthracite, Upholstery: Black, Plastic : Grey, Packaging: Oversea Packaging -LB Code: MB403NO-ANVOGGOL PECTORAL MACHINE • 3,495 .00 1.00 2,271.75 Element+ Pectoral Machine L OO x 2,2!1.75 Total Weight Stack: + 30 Kg/60 lbs, Additional Weight: Smart Pin +2.5kg/+51bs, Isocontrol : No Isocontrol, Frame : Anthracite, Upholstery : Black, Plastic: Grey, Carter : I-Pac, Packaging : Oversea Packaging -LB Code: MB703CO-ANVOGGJL CHEST PRESS • 4,495.00 1.00 2,697.00 Element+ Inclusive Chest Press ~ .00 x 2.697.0G Total Weight Stack: + 30 Kg/60 lbs, Additional Weight: Smart Pin +2.Skg/+51bs, Isocontrol: No Isocontrol, Frame: Anthracite, Upholstery : Black, Plastic : Grey, Carter : I-Pac, Packaging: Oversea Packag ing -LB Code: CB203CO-ANVOGGJL • Ref# 12960681 I 0001181507 technogym .com 4/15 The Wetlness Company • I Strength Line DESCRIPTION Price QTY NET AMOUNT LOW ROW ·'1; 4,495 .00 1.00 2,697 .00 Element+ Inclusive Low Row ~Jif; ;( 2_,b9 7.0t Total Weight Stack: + 30 Kg/60 lbs, Additional Weight: Smart Pin +2 .5kg/+51bs, Isocontrol : No Isocontrol, Frame: Anthracite, Upholstery: Black, Plastic : Grey, Carter: I-Pac, Packaging : Oversea Packaging -LB Code: CB953CO-ANVOGGJL SHOULDER PRESS -~ 4,495.00 1.00 2,697.00 Element+ Inclusive Shoulder Press i.oo x 2.697 .on Total Weight Stack: + 20 Kg/40 lbs, Additional Weight : Smart Pin +2.5kg/+51bs, Isocontrol : No Isocontrol, Frame : Anthracite, Upholstery : Black, Plastic: Grey, Carter: I-Pac, Packaging : Oversea Packaging -LB Code: CB152CO-ANVOGGJL LEG PRESS 7,095 .00 1.00 4,257.00 Element+ Inclusive Leg Press ~ 1.00 x 4,257.00 Total Weight Stack: Standard , Additional Weight : No Smart Pin , Isocontrol: No Isocontrol, Frame: Anthracite, Upholstery : Black, Plastic : Grey, Carter: I- rc.c; Pa::k.;y;;;y. C'Ji!t s~a Packaging -LE Code: CB500NO-ANVOGGJL LEG EXTENSION t 4,495 .00 1.00 2,697 .00 • Element+ Inclusive Leg Extension 1.00 ~ 2,697.00 Total Weight Stack: + 20 Kg/40 lbs, Additional Weight: Smart Pin +2 .5kg/+51bs, Isocontrol : No Isocontrol, Frame : Anthracite, Upholstery: Black, Plastic : Grey, Carter: !~Pac, Packaging : Oversea Packaging -LB Code: CB302CO-ANVOGGJL LEG CURL 4,495.00 1.00 2,697.00 Element+ Inclusive Leg Curl 1.00 x 2,697.00 Total Weight Stack: + 20 Kg/40 lbs, Additional Weight: Smart Pin +2 .5kg/+51bs, Isocontrol: No Isocontrol, Frame : Anthracite, Upholstery : Black, Plastic : Grey, Carter : I-Pac, Packaging: Oversea Packaging -LB Code: CB352CO-ANVOGGJL Strength Line Total Exel Tax 63,820.00 15 USO 40,004.50 Flexibility DESCRIPTION Price QTY NET AMOUNT POSTERIOR ~ 3,395 .00 1.00 0.00 FLEXability Posterior 1.00 x O.OiJ Frame: Anthracite, Upholstery : Black, Plastic : Grey , ,. Code: MElO-ANVOGGOO ANTERIOR l,.~ 2,295 .00 1.00 0.00 FLEXability Anterior 1.00 , 0.00 Frame : Anthrac ite, Upholstery : Black, Plastic: Grey, • Code : ME05-ANVOGGOO Ref# 12960681 I 0001181507 technogym .com 5/15 \~c:,~~o~~ The Wellness Company I Flexibility • I DESCRIPTION Price QTY NET AMOUNT I Flexibility Total Exel Tax 5,690.00 2 USO 0.00 Devices DESCRIPTION Price QTY NET AMOUNT ISOCONTROL ii 749 .00 4.00 1,498.00 Isocontrol Element Isocontrol i • 4.'.iO x 3/4.SO Plastic : Grey, Language : American English r, i~.-,:.• . Code: EICMA01-GGUS ISOCONTROL LOW ROW -~ 749 .00 1.00 374.50 Isocontrol Element Isocontrol Low Row 'Iii 1.00 x 374.SO Plastic: Grey, Language: American English l • k~:--.• Code: EICMA02-GGUS ISOCONTROL LEG PRESS ·~ 749 .00 1.00 374 .50 Isocontrol Element Isocontrol Leg Press ;11-l.00 '374.50 Plastic: Grey, Language : American English j,;_· ... Code: EICMA05 -GGUS ISOCONTROL LEG EXTENSION ~ 749 .00 1.00 374.50 Isocontrol Element Isocontrol Leg Extension 111-1.00 x 374.50 Plastic : Grey, Language : American English ~: . ~:,:··• Code: EICMA04-GGUS • ISOCONTROL LEG CURL 749 .00 1.00 374 .50 Isocontrol Element Isocontrol Leg Curl -~ 1.00 x '374.50 111· Plastic : Grey, Language : American English ~~ ... ,.~ Code: EICMA06-GGUS ISOCONTROL ~ 749.00 1.00 374 .50 Isocontrol Element lsocontrol 'Ill• 1.00 x 374.50 Plastic: Grey, Language: American English ,, ~.(, .... Code: EICMAOl-GGUS ISOCONTROL 'l!!::" 749.00 1.00 374 .50 Isocontrol Element Isocontrol ((II· :.cox 374.50 Plastic: Grey, Language: American English " ~f.\-;\ ... Code: EICMA01-GGUS ISOCONTROL LAT MACHINE 749 .00 1.00 374 .50 Isocontrol Selection Isocontrol Lat Machine ·-i.00 x ?.14.SO Plastic : Grey, Language : American English ' '"· Code: EICM907-GGUS ISOCONTROL ARM CURL/ ARM Ii· 749 .00 4.00 1,498 .00 EXT /CHEST /INCLINE/ PECTORAL/VERTICAL/S 4.DC x 374.50 HOULDER I Isocontrol Selection Isocontrol Arm Curl/ Arm ::>.-.~:·_• Ext/Chest/Incline/Pectoral/Vertical/Shoulder Plastic : Grey, Language: American English Code: EICM909-GGUS • Ref# 12960681 / 0001181507 technogym.com 6/15 • • • Devices I DESCRIPTION DESCRIPTION De livery & Installation Code: YOlO I Equipment Securing The Wellness Company Devices Total Exel Tax Delivery & Installation Total Exel Tax Price QTY 11,235.00 15 Price 5,640.35 QTY 1.00 5,640.35 1 Some of the above machines require SECURING to the floor (or wall, or ceiling) by suitable securing kit PRIOR TO USE . Technogym accepts no responsib ility for any installation , including cost, instigated by the customer or his/her agents. NET AMOUNT I USO 5,617.50 NET AMOUNT 5,640 .35 1.00. 5 640.35 USO 5,640.35 Technogym accepts no responsibility for injuries to any person/s or damages or otherw ise using the above listed mach ines resulting from insecurity of the mach ines. -----·-···---.. ··-··---·-.... ·--·--·-· ----- DESCRIPTION GLOBAL -Service Package includes 2 preventative maintenance calls per year of contract term and an extension of the manufacturers warranty to cover parts and labour (does not include wear and tear items). See the separate Service Contract for full details. Code:X123G Please be i nformed that the After Sales service is not included in the offer and the price is indicated for illustration only. Price 4,844 .70 NET AMOUNT 4,844 .70 Purchase moment At the order Amount/month 100.93 Duration frnm dat .. nf installatinn fmnnth' .-4..,8.._ ______ ~ __ .,...A""m=:o"'u....,n..,.t/.....,.ve..,a .... r~~---'1=2:.1::.:1·c:1:.8_, Technogym CareTotal Exel Tax Ref# 12960681 / 0001181507 technogym.com 7/15 Your Wellness Solution Value Gross Total Tax excl. Discount Net Total Tax excl. Sales Tax Net Total Tax incl. (0%) Ref #: 12960681 / 0001181507 Malley Senior Center -Strength Refresh 2016 w/lnclusive The Wellneu Compan)' Cust. Code: 86,385.3~ 35,123.0 51,262.3 0.0 USO 51,262.35 The pictures and any other figurative representations of products contained in this offer are purely an indication and may contain inaccuracies . More accurate infonnation and details of the offered products are contained in the description section. Payment Payment Method RCH -RCH -Cheque Payment Term AD1 -AD1 -Net 30 Customer Proposed Delivery Date: W /C: 11/ 18/16 Ofo 100 .00 Note .............................................. (Field to be used in case of different proposal from the client) General notes: Expiration Date $51,262.35 Please be informed that Technogym may not accept a proposed delivery date earlier than "15" weeks starting from the order acknowledgement and receipt of the full down payment, if applicable. Moreover, please also kindly note that the actual delivery time may vary due to seasonality reasons in the market. In any case, Technogym will confirm the applicable delivery date only on the order acknowledgement. Delivery date is intended as any of the days within the relevant week (week starts from Monday to Sunday). Delivery Terms: FOB-F.O.B. Factory-Prepaid This proposal reflects current sales tax. Any variance will be reported in the final invoice . Name : ......................................................................... .. Signature for acceptance Role: ............................................................................ .. Malley Senior Center Date: ....................... .. Ref# 12960681 / 0001181507 Sophia Decolati ....................................... . TECHNOGYM USA 700 Route 46 East 2nd Floor Fairfield, NJ 07004 Toll free : 800-804-0952 Fax: 206-623-1898 Email: info@technogymusa.com technogym .com 8/lS • • • • • • The Wellnesa Company Additional Terms of Sale: DDP customer location, freight and installation prepaid and added or 'fXW York PA with loading fees only added and prepaid . Other terms may be agreed upon between parties. Technogym may ship partial orders. Terms and Conditions of Sale which appear on purchaser's documents (induding purchase orders) that are incons istent with these terms shall be voided . Orders must be canceled 30 days before delivery date, or be subject to a restocking fee of 25% of the net value without T/I. No returns without prior consent of Technogym . Delays in delivery at customer request may result in storage fees. Invoice will issue upon sh ipment. Prices are good for 30 days. All Invoices will be in U.S . dollars unless otherwise stated, and will reflect exchange rate at time of shipment. All products sold with limited warranty. Except for injunctive relief or judgment, parties agree to resolve any dispute by final, binding and non -appealable arbitration. Prevailing party Is entitled to attorneys' fees and costs. Payment Terms: Payment due in full, unless otherwise specified on this contract. Authorized purchase orders required for: Leases, Hospitals, Military, School Systems, Municipalities and Corporate Facilities. Proof of tax-exempt status required if applicable. Limited Warranty: Visio and Unity Monitors: Touch Screen, iPod Electric and Electronic Parts -2 years Parts, 2 year Labor. • cardio: Drive Motor and Shock Absorbers -5 years Parts, 2 year Labor. Bearings, Elevation Motor, Electric and Electronic parts -2 Years Parts, 2 year Labor . Deck and Belt (cardio): 2 years Parts (or 15,000 miles whichever comes first), 2 year Labor. • Strength: Structural Frame -10 years Parts, 2 year Labor. Guide Rods, cams and Pulleys -3 years Parts, 2 year Labor. Bearings and Bushings -2 years Parts, 2 year Labor. Acceptance: Customer Signature: ------------ Name (Please Print): Joe Jefferson, Mayor Date:----------------- I understand that my signature above constitutes acceptance of the terms and conditions of sale . Ref# 12960681 I 0001181507 technogym.com 88/11 MAINTENANCE SERVICES AGREEMENT TERMS AND CONDITIONS The attached Order Form is subject to the following tenms and conditions {this "Agreement") which governs the Service Contract from Technogym Corp. USA and/or its Agents \'TG") to the undersigned customer ("Customer"). 1. DEFINITIONS AND INTERPRETATION The following terms shall have the following meanings : 'Business Day' means the hours of 8.00 a.m. to 5.00 p.m. on a day, other than a Saturday, Sunday or United States federal holiday. 'Commencement Date' means the date set forth on the Order Fonm. 'Equipment' means the TG Equipment and Non-TG Equipment 'Economical Maintenance' means an individual piece of Equipment that can be repaired for a sum less than (or equal to) 3 times the annual maintenance prices 'Initial Period' means the period of time set forth in the Order From. 'Maintenance Charges' means the charges payable by the Customer to TG in consideration of the provision of the Maintenance Services, set out on the Order Form. 'Non-TG Equipment' means equipment and parts manufactured and/or supplied by third party manufacturers or suppliers. 'Replacement Parts' means any component, piece of equipment or part that is required for the repair or Maintenance Services to be carried out on the Equipment. 'TG Equipment' means equipment and parts manufactured and supplied by TG or its affiliates. The Order Form and this Agreement, including all schedules and exhibits, constitutes the entire understanding and agreement between the parties with respect to the subject matter of the Agreement. All prior oral or written agreements, understandings, covenants, warranties and representations not incorporated in this Agreement are hereby superseded. This Agreement may be amended, modified or supplemented only in writing signed by all of the parties hereto. This Agreement, when duly executed and delivered by an authorized officer of each party, shall be valid, fully enforceable, and binding upon such party in accordance with its terms, except as limited by bankruptcy or other laws relating to debtors'/creditors' rights generally. 2. MAINTENANCE SERVICES. TG will generally carry out Maintenance Services during a Business Day, unless agreed to in writing by the parties . A telephone hotline service will be available to the Customer on a Business Day request Maintenance Services. Outside of a Business Day, a Customer can place a request via fax, e-mail or via TG online service and in such circumstances, the request will be deemed to have been made on the following Business Day. 3. EXCLUSION FROM SERVICES. Maintenance Services will not extend to: (a) modifications or additions to the Equipment that are not previously authorized by TG; (b) peripheral items and consumables (lists of which are available from TG); (c) Equipment, in TG's reasonable opinion, can no longer be subject to Economical Maintenance; (d) defects or damage resulting, in TG's reasonable opinion, from misuse or neglect of or accident to the Equipment or failure to follow the instructions or advice of TG or in respect of Non· TG Equipment, the manufacturer of the Non-TG Equipment; (e) Equipment not located at the install site; (f) any Equipment which has not been kept or operated by the Customer in accordance with the Customer's obligations set out in this Agreement; (g) Equipment which TG has requested a serial number for at the time of a request for services and has not received in a timely manner; (h) Equipment which has been declared obsolete by TG; and (i) defects or damage resulting, in TG's reasonable opinion, from the variation, interruption, or quality of the Customer's electrical supply powering the Equipment. 4. M~.INTENJl.!l!CE f:!-'1.''!GES .. TC: JT.JY arr.!1'1d itt M3int~anr<:i Ch;rges from t'~P. to time with 30 days written notice to the c~stom~r.1\11 ch<lrge5 bv Tr,; for. ,,.~;o t.'lf.1.;~re Services are exclusive of all sales, use and excise taxes, tariffs, customs, duties, deductions, set-offs, counterclaims, or withholding of any kind. Customer remains responsible for all shipping and handling charges for any parts or Equipment. Late payment of any amount will be grounds for TG to tenminate Maintenance Services under this Agreement. Customer agrees to pay interest compounded and payable monthly at a rate of twelve percent (12%) per annum or the maximum rate allowed by law on each amount that is not paid within twenty (20) days of invoice date. Payment of such interest charge will not excuse or cure a breach or default for late payment. Interest charges are in addition to and do not limit any other rights or remedies that TG may have under this Agreement, at law or in equity. Returned checks will be subject to a $50.00 per check charge. Customer agrees to pay any attorneys' fees ad costs incurred by TG in the collection of any delinquent amount due TG. 5. CUSTOMER'S OBUGATIONS. To facilitate the provision by TG of Maintenance Services the Customer shall : (1) ensure that the Equipment is kept and operated in a proper manner in accordance with all written guidance issued by TG from time to time (including routine maintenance set out in relevant Equipment user manuals) and ensure that only competent, properly trained persons are penmitted to use it; (2) cooperate with TG in all matters relating to the Maintenance Services; (3) use the Equipment in (what TG reasonably deems to be) a suitable environment (including, but not limited to, a place free from humidity, moisture, dust, and high temperature variations) and be responsible for the costs of creating and maintaining such an environment; ( 4) use the Equipment with the correct power supplies specified by the manufactureror TG, as applicable; (5) not move the Equipment or make any addition, modification, or adjustment to the Equipment withoutTG's prier written consent; (6) maintain and make available to TG records of the operation, maintenance and any malfunction of the Equipment; (7) provide at no cost to TG, access to the Equipment in a safe and properly insured environment; (8) cooperate with TG in diagnosing and overcoming any malfunction of the Equipment; and (9) infonm TG of all health and safety rules and regulations and any other reasonable security requirements that apply at the installation site. 7. REPLACEMENT PARTS. Replacement Parts are TG's property unless they are purchased and supplied by the Customer at no cost to TG . TG will use reasonable efforts to obtain suitable Replacement Parts when required to do so for the provision of Maintenance Services. TG provides third party Replacement Parts WITHOUT WARRANTIES OF ANY KIND. However, third party manufacturers or suppliers may provide their own warranties to the Customer . 8. FORCE MAJ EURE. TG shall have no liability to the Customer under this Agreement if it is prevented from, or delayed in performing, its obligations under this Agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including (without limitation) strikes, lock·outs or other industrial disputes (whether involving the workforce of TG or any other party), failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or subcontractors. 9. COMMENCEMENT AND TERM OF AGREEMENT. Except as otherwise provided in this Agreement, this Agreement starts on the Commencement Date and remains in force for the Initial Period and may continue after the Initial Period upon the written agreement of the parties. 10. TERMINATION. If the Customer fails to comply with any of its obligations, TG will provide Customer fourteen (14) days written notice to comply. If within such fourteen {14) days, Customer does not comply, in the sole discretion of TG, TG may terminate this Agreement immediately , On termination of this Agreement for any reason, the Customer shall immediately pay to TG all of TG's outstanding unpaid invoices including interest and, in respect of Maintenance Services provided but for which no invoice has been submitted, TG may submit an invoice, which shall be payable by Customer immediately upon receipt. On termination of this Agreement (however arising), the following conditions shall survive and continue in full force and effect: sections 6, 10, 13, 17, 18. For contracts with annual, monthly and quarterly payment options, if the Customer misses payment of any of those invoices for any reason, TG will contact the Customer and will make a reasonable effort to arrange payment. In any case, TG has the right to tenminate this contract if any invoices are past due by more than 30 days. 11. ASSIGNMENT AND SUBCONTRACTING. Customer may not assign, encumber, or in any way transfer or delegate any interest, right or duty under this Agreement without the express written consent of TG. TG reserves the right to assign the Contract and to sub-contract all or any of its obligations set forth herein. 12. AMENDMENTS. No amendments to this Agreement or oral promise or commitment related to it shall be valid unless committed to writing and signed by or on behalf of both parties save that TG may from time to time notify the Customer in writing that it proposes to alter, add to or abrogate any provisions of this Agreement giving details of the proposed alteration, addition or abrogation . Unless the Customer within 28 days of that notice notifies TG in writing that he objects to them, the alteration, addition or abrogation shall be deemed to be agreed and shall take effect accordingly . 13. CONFIDENTIAUTY. For the duration of the Agreement and a period of five (5) years thereafter, each party shall keep in strict confidence, the contents and details of this Agreement (including but not limited to the Maintenance Charges) and all other technical er commercial know-how, specifications, inventions, • • • • • • The Wellneu Company processes or initiatives which are of a confidential nature and have been disclosed to it from the other party, its employees, agents, consultants or subcontractors and any other confidential information concerning the other party's business or its products whidl either party may obtain. 'In the event that a Disclosing party receives an Open Records reques~ the Disclosing Party shall notify the other party to this Agreement of such request'."-ADDED 8/9/16 14. NOTICES. Ally notice or other communication required or permitted to be given hereunder shall be in writing and shall be sent by first class U.S. mail, or by facsimile transmission , or by other electronic means or delivered by hand or by overnight or similar delivery service, fees prepaid, to the party to whom it is to be given at the address of sudl party set forth above or to such other address for notice as sudl party shall provide in accordance with the terms of this section. Except as otherwise specifically provided in this Agreement, notice so given shall, In the case of notice given by certified mall (or by sudl comparable method) be deemed to be given and received on the date of certification (or comparable act) thereof, in the case of notice so given by overnight delivery service, on the date of actual delivery, and, in the case of notice so given by facsimile transmission, or personal delivery, on the date of actual transmission or, as the case may be, personal delivery. If any communication is sent by e-mail or such other electronic means, sudl communication shall be effective upon confirmation (whether by return e-mail or otherwise) of receipt of sudl e-mail or electronic transmission . 15. SEVERANCE. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of th is Agreement remain in full force and effect Nothing in this Agreement affects any statutory rights that cannot be waived or limited by contract . 16. WAIVER. Failure or delay by TG In enforcing or partially enforcing any provision of this Agreement will not be construed as a waiver of any rights arid any actual waiver of any breach of, or default under, any provision of this Agreement by the Customer will not be deemed a waiver of any subsequent breach or default and will in no way affect the enforcement of any other provision of this Agreement. 17. LAW AND JURISDICTION. The terms, conditions and covenants contained in this Agreement shall be governed by and construed in accordance with the laws of the state of Colorado, exclusive of any conflict of laws provisions. 18. Mediation. The parties desire to resolve disputes arising out of th is Agreement without litigation. The City of Englewood will agree to Mediation NOT Arbitration . Technogym Service contract offering: o The parties understand and acknov.iedge that each party is subject to Article X, Subsection 20 of the Colorado Constitution ('TABOR'). The parties do not intend to violate the terms and requirements of TABOR by the execution of this Agreement. it is understood and agreed that this does not create a multi-fiscal year direct or indirect debt or obligation within the meaning of TABOR and, notwithstanding anything in this Agreement to the contrary, all payment obligations of the City are expressly dependent and conditioned upon the continuing availability of funds beyond the term of the City's current fiscal period ending upon the next succeeding December 31 . Financial obligations of the City payable after the cu rrent fi sca l y~i'lr ara-co:itingsnt q:xm flJr.dg,t ;)r ~:-,;:.t 9t1 r;cosi; being appropriated, budgeted, and otherwise made available in accordance with the rules, regulations, and resolutions of the City and applicable law. Upon the failure to appropriate such funds, this Agreement shall be terminated.-8/9/16 GLOBAL -Service Package includes 2 preventative maintenance calls per year of contract term and an extension of the manufacturer's warranty to cover parts and labor (does not include wear and tear items). See the separate Service Contract for full details. GLOBAL PLUS -Service Package which indudes 2 preventative maintenance calls per year of contract term and an extension of the manufacturer's warranty to rover parts and labor, includes wear and tear items . See the separate Service Contract for full details . PROGRAM -2 planned maintenance visits per year to keep the equipment in an optimal state of functionality, including cleaning internal items, external lubrication and belt & cable tension adjustment. See the separate Service Contract for full details Payment Terms: Authorized purchase orders required for : Leases, Hospitals, Military, School Systems, Municipalities and Corporate Facilities. Proof of tax-exempt status required if applicable . Payment due in full, unless the Customer opts for an annual, quarterly or monthly payment option, or otherwise specified on this contract. For the quarterly and monthly payment options, it is required that the Customer completes the ACH Recurring Payment Authorization form attached . Acceptance: Customer Signature : ----------- Name (Please Print): Joe Jefferson Date : -------- I understarid that my signature above constitutes acceptanC!! of the terms arid conditions of the service contract sale . Ref# 12960681 I 0001181507 technogym.com 1010/ The following is the Standard Manufacture Warranty offered with new product sold by Technogym USA. There are additional service packages available to purchase which extends Technogym the Standard Manufactures Warranty . STANDARD MANUFACTURER WARRANTY TERMS L" "t d t th I I 1m1 e 0 e origma owneron1y PRODUCT LABOR PARTS PART SPECIFICATIONS COVERAGE COVERAGE 10 yrs Structural Frame -Coatings Excluded-Weight Stacks and 2 Yrs. Welded Moving Parts STRENGTH & MOVEMENT (6 months 3 yrs Plate Holders, Hardware, Guide Rods, Cams, Pulleys, Selection, Element+, Pure Strength, labor Extension Mechanism and Brake System Easy Line, Flexability only on 2 yrs Pistons, Rotating Bearings, Bushings and Linear Bearings and all Kinesis Products wear& tear Parts) W & T: Cables, Upholstery, Springs, Handgrips, Wood 6 months Panels, Plastic Parts and other parts not listed 10yrs Structural Frame -Coatings Excluded 2 Yrs. 5 yrs Motor and Shock absorbers (6 months 2 yrs Rotating Bearings, Linear Bearings, Elevation Motor, TREADMILLS labor Electric and Electronic parts Run Now & Jog Now only on wear& 2 yrs or 15,000 miles, whichever is first, on Deck and Running tear Parts) belt (after-which will be considered as wear & tear items) 6 months W & T: Handgrips, Displays, Plastic Parts and other parts not listed 10yrs Structural Frame -Coatings Excluded 2 Yrs. 3 yrs Arms and Other Welded Moving parts (6 months A! t QTWS:~ CO!•':lio 1':'1,•li!'ln''!'rit ..... 1abor ; Rotating Bearings, Linear Bearings, Alternators, t:iectnc I Synchro, tiikes, Stepper, Crossover, 2 yrs Top and Vario only on and Electronic parts wear& tear Parts) 6 months W & T: Chain, Upholstery, Handgrips, Displays, Plastic Parts and other parts not listed 2 Yrs. Touch Screen, iPod reader, Smartkey reader, Electric and (6 months 2 yrs Electronic parts VISIO/VISIOWEB/ ARTIS/UNITY labor DISPLAYS only on W & T: External wires, Plastic Parts and other parts not wear& 6 months listed tear Parts) 2 Yrs. lOyrs Structural Frame -Coatings Excluded 3 months 3 yrs Cranks, Flywheel, Handlebar, Seat Post, Handlebar Post labor only Bottom bracket cartridge assembly, Pillow block bearings, GROUP CYCLES on wear& 2 yrs tear Parts. Tension assembly Year labor Pedals (After which will be considered as wear & tear only on 1 yrs items) pedals) 3 months W & T: Seat, Grip, Pedal Straps, Brake Pads WARRANTY TERMS SPECIFICATION Products are warranted from the date of installation and for the above specified duration . All warranted parts will be installed by a qualified technician at no charge during the "Labor Warranty" period . Support Hours are 8:00 am to 7:00 pm EST Monday to Friday, except for public and company holidays. On-site support: If service by telephone is impossible for technical reasons, support will be provided on the facility's premises within the following 24 to 72 hours dependent upon time of call and time zone location. Customer is responsible for normal preventative maintenance, a schedule of which can be provided at the time of installation. Consult technical support. Breakages due to misuse or attributable to voluntary action will be excluded . Ref# 12960681 I 0001181507 technogym .com 12/15 • • • • • • The WellneH Company Element+ ESSENTIAL STRENGTH ELEMENT+ redefines the strength experience. The sleek and compact design provides high technology and style where it matters. Totally in line with the idea of style and quality on a budget, ELEMENT+ has improved its contents and design while maintaining a value for money solution for all customers ~ SUPERIOR BIOMECHANICS FOR A SAFE, SMOOTH TRAINING Thanks to reproduction of the body's physiological trajectories resulting from the application of Biomotion concept, movements are smooth, effective and safe. Physiocam design allows you to perceive a constant resistance throughout the entire exercise. ~ EXCEPTIONAL EASE OF USE A reduced number of adjustments is required before getting started. Controls can be rapidly identified (Visual Yellow Set Up) and reached from the exercising position (Ergoadjustrnent). The integrated Smart Pin (optional) allows you to increase the weight gradually in 2.5 kg increments. Easy start device makes starting exercising easy maximising the ROM (Range of Motion). Neutral and double handgrip and reduced height above the ground are designed to accommodate users of various builds. ~ TOTAL COMFORT Ergonomic seat, anatomical backrest and use of padding with different densities provide correct support for the spine and all other parts of the body (Bioseat). The Towel Locking Device is a support holding the towel on the backrest during exercising. ~ ESSENTIAL DESIGN AND FUNCTIONALITY, VALUE FOR MONEY INVESTMENT ELEMENT+ represents the best affordable mix of biomechanic & ergonomic top level features with essential, sleek design, providing what really matters for an effective strength training experience . A range of colour options is available to suit best to your facility or to your home. More product info: www.technoqym.com/elementplus technogym .com 13of15 The Wellness Company FLEXability EFFECTIVE STRETCHING AND BACK PAIN REDUCTION An innovative line of equipment for effective, enjoyable stretching, based on Technogym's rigorous scientific research. It consists of 2 pieces of equipment, Anterior and Posterior, for extending the anterior and posterior kinetic chain. :» NATURAL SELF-REGULATED STRETCHING The innovative technological system Selflex (patent pending), exclusively developed by Technogym, enables to gently modulate the extent of muscle elongation by the gradual and proportional intervention of the user's own body weight, thereby avoiding potentially dangerous situations. ,,_ SUPERIOR RESULTS IN LESS TIME The FLEXability line works on the main kinetic chains, chiefly stretching the shorter 'ring' of the muscle chain in a simple and effortless way . Compared to traditional analytical stretching, which works on the single muscle groups, the FLEXability line maximises effectiveness by reducing the duration of the exercise and delivering excellent results at the same time. :>-FLEXABILITY METHOD: THE FUTURE OF STRETCHING Technogym's Scientific Research Department has developed the FLEXability Method, which provides a logical and systematic approach to stretching exercises involving a progression of duration and execution. More product info: www.technoavm.comlflexabilitv technogym .com 14 of 15 • • • • • • The WeHneH Company Join the Technogym Experience Partnerships Visual & Merchandising Press Coverage ,.,,.-v ..,,.. _,,.. 'loft.~ ,..,.,...,.,.,., ... , -,.. ""'' yuto •"fu• ~ •.i.1 / ·1>3' \1\iELlNESS PARTNER S•":Ut>flt!AFUtl:lAIU C-~f !CIA ~ P~0 '/10!~ ,..,,,,.,.,~,~ ................ \l..,,l"IV""'"'''"'"''"'u'''""''"''"'""'"" .. '~'' lli(i!intOffJCT~ c(Hlnec!ion 1Phone/ipad, port USB, 1""--por'..a1Jdefe1J11.poSS1bt/lti!deprogrammersa .rautme d'entr.;ltiemenl favor i UL Public t< >I Jlfffcife : 15 minutes p11r jour suf[1>ent. ;edill/IJ<'f~tlubde spart. cb·t trop,vmpli· qa 'itismill!f rm equipement cber 5of. c'est cher et su1to111 twp encombrant. lire!, 'Ou .. 11ouv~ I Ol!IJ e.tr::uJes ..• qui feront us Ulf/U171!Z511rement amnt d,1.-vir JOO ,:!;. __ _, '1bl1 • •tu 11e sui.sYu!emiem demandi comment Is aldn ml'! amiS et moi-meme a sur- reilm u.~ec0Uectio11d'arr"«"lr,..,_ ,,4i1; ••lt•••llill- technogym.com \)IJ \Jl) J IH Hi (JI.\ \!Pl! h.\idl '> 15 of 15 • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: Collective Bargaining Agreement September 6, 2016 11ciii between the City of Englewood and the EPBA for 2017-2018 Initiated By: Staff Source: Murphy Robinson, Assistant Human Resources Department City Manager PREVIOUS COUNCIL ACTION The previous Collective Bargaining Agreement with the Englewood Police Bargaining Association was approved by Council for 2015-2016. RECOMMENDED ACTION Staff requests Council approval by resolution of the Collective Bargaining Agreement between the EPBA and the City of Englewood for 2017 through 2018 . The contract covers approximately 55 employees. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED The City of Englewood and the EPBA entered into negotiations in May of 2016, in accordance with the City of Englewood Charter. The members of the Englewood Police Bargaining Association duly ratified, through their elected representatives the Collective Bargaining Agreement. Significant changes to the contract include the following : 1. Article 9, Compensation : a. Employees covered by the contract will receive a market adjustment to their 2016 base wage rate effective January 1, 2017. The adjustment will be based upon the salary surveys conducted by Human Resources. b. Police Officers that are assigned as a Field Training Officer will be compensated at a flat rate of $56 for every shift that they serve in this capacity . This addition to the contract is in line with current practices . c. Police Officers that are assigned as a Master Police Officer will be compensated at a flat rate of $112 for every day that they serve in this capacity . A Master Police Officer serves as the supervisor in charge in the absence of a Sargent. This addition to the contract is in line with current practices. 2 . Article 10 , Merit Pay: Employees who are eligible to submit an application to the Merit Pay Committee to receive merit pay, may submit and receive up to $1 ,000 .00. This is $100 .00 increase from the previous contract. Not all employees receive the full amount when the application is submitted 3. Article 12 Call Back: Currently, an Officer who is called to work when in off duty status gets compensated a minimum of 2 hours for the emergency call back status. The minimum will be raised to 2 Yi hours to compensate for travel time during the emergency call back status . 4 . Article 15 Annual Leave: The hours of annual leave for the 0-4 years of service category have been raised from 96 hours per year to 100 hours per year to account for the 10 hour shifts police officers work . This change brings consistency for leave throughout the department. 5. Article 16 Holidays : Holiday hours for the Investigative Services Bureau will be increased 4 hours from 96 hours to 100 hours to account for the 10 hours shifts that the detectives work. This change brings consistency for leave throughout the department. 6 . Article 19 Personal Leave: Personal leave hours for EPBA Employees will be increased 2 hours from 48 hours to 50 hours to account for the 10 hours shifts that the Police Officers work. This change brings consistency for leave throughout the department. 7 . Article 20 Short Term Disability: Employees , who wish to access STD must apply for such leave using a form provided by the City and they shall attach to such form a doctor's note, evidencing that they are or were ill. Employees must provide the form and the physician's note within five (5) days of returning to work. Employees, who fail to provide such documentation , shall be charged personal or annual leave time for their entire absence . Previously , Employees could access STD without a doctor's note after the first day of their illness . • 8 . Article 21 Workers Compensation: • If a member of the bargaining unit is killed in the line of duty, the city has agreed\ to pay the cost of the funeral to a maximum of $10,000 . This amount shall be offset by any other payments provided by Colorado Workers' Compensation or any other insurance agency or organization . FINANCIAL IMPACT All identified financial impacts have been budgeted for in the 2017 budget. 2017 2018 Compensation 140125 144329 Merit Pay 1500 1545 Call Back 5294 5453 Annual Leave 2276 2344 Holidays 1534 1580 Personal Leave 4360 4491 Total 157106 161819 LIST OF ATTACHMENTS Proposed Resolution • Proposed Contract • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION AUTHORIZING THE PROVISIONS OF THE COLLECTIVE BARGAINING CONTRACT BETWEEN THE ENGLEWOOD POLICE BENEFIT ASSOCIATION AND THE CITY OF ENGLEWOOD FOR THE YEARS 2017 -2018. WHEREAS, the Englewood City Council authorized "The Collective Bargaining Contract Between the Englewood Police Benefit Association and the City of Englewood for the Years 2013 -2014; by the passage of Resolution No. 72, Series of 2012; and WHEREAS, the Englewood City Council authorized "The Collective Bargaining Contract Between the Englewood Police Benefit Association and the City of Englewood for the Years 2015 -2016"; by the passage of Resolution No. 4 7, Series of 2014; and WHEREAS, the City of Englewood and the Englewood Police Benefit Association entered into negotiations in May of 2016 in accordance with the Englewood City Home Rule Charter; WHEREAS, the members of the Englewood Police Benefit Association duly ratified, by a majority vote, the Collective Bargaining Agreement for the years 2017 and 2018; and WHEREAS, the significant changes to the contract are: 1. Article 9 -Compensation: a. Employees covered by the Contract will receive a market adjustment to their 2016 base wage rate effective January 1, 2017. The adjustments will be based upon the salary surveys conducted by Human Resources. b. Police Officers that are assigned as a Field Training Officer will be compensated at a flat rate of $56 for every shift that they serve in this capacity. This addition to the Contract is in line with current practices. c. Police Officers that are assigned as a Master Police Officer will be compensated at a flat rate of $112 for every day that they serve in this capacity. A Master Police Officer serves as the supervisor in charge in the absence of a Sargent. This addition to the contract is in line with current practices. 2. Article 10 -Merit Pay: Employees who are eligible to submit an application to the Merit Pay Committee to receive merit pay, may submit and receive up to $1,000.00. This is $100.00 increase from the previous contract. Not all employees receive the full amount when the application is submitted. 3. Article 12-Call Back: Currently, an Officer who is called to work when in off duty status gets compensated a minimum of 2 hours for the emergency call back status. The minimum will be raised to 2 Yi hours to compensate for travel time during the emergency call back status. 4. Article 15 -Annual Leave: The hours of annual leave for the 0-4 years of service category have been raised from 96 hours per year to 100 hours per year to account for the 10 hour shifts police officers work. This change brings consistency from leave throughout the Department. 5 . Article 16-Holidays: Holiday hours for the Investigative Services Bureau will be increased 4 hours from 96 hours to 100 hours to account for the 10 hours shifts that the detectives work. This change brings consistency for leave throughout the Department. 6. Article 19-Personal Leave: Personal Leave hours for EPBA Employees will be increased 2 hours from 48 hours to 50 hours to account for the 10 hours shifts that the Police Officers work. This change brings consistency for leave throughout the Department. 7. Article 20 -Short Term Disability: Employees, who wish to access STD must apply for such leave using a form provided by the City and they shall attach to such form a doctor's note, evidencing that they are or were ill. Employees must provide the form and the physician's note within five (5) days of returning to work. Employees, who fail to provide such documentation, shall be charged personal or annual leave time for their entire absence. Previously, Employees could access STD without a doctor's note after the first day of their illness. 8. Article 21 -Workers Compensation: If a member of the bargaining unit is killed in the line of duty, the City has agreed to pay the cost of the funeral to a maximum of $10,000. This amount shall be offset by any other payments provided by Colorado Workers' Compensation or any other insurance agency or organization. NOW, THEREFORE, BE IT RESOLVED 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 the Collective Bargaining Contract between the Englewood Police Benefit Association and the City of Englewood for the years 2017 and 2018, attached hereto as Exhibit A. • • • • • • Section 2. The Mayor and the City Clerk are hereby authorized to sign and attest the Collective Bargaining Contract between the Englewood Police Benefit Association and the City of Englewood, Colorado . ADOPTED AND APPROVED this 6th day of September, 2016 . ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of2016 . Loucrishia A. Ellis, City Clerk • • • CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION FOR THE YEARS 2017-2018 This reproduction of the 2015-2016 Contract has been prepared by the Human Resources Department for distribution to all covered Police officers so that everyone will be aware of the rights and benefits contained herein . E x H I B I T A m )( J: iii ::j )> ARTICLE 1 ARTICLE2 ARTICLE 3 ARTICLE4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 ARTICLE 19 ARTICLE 20 ARTICLE21 INDEX • PAGE DURATION OF CONTRACT ............................................................................ 2 RECOGNITION .................................................................................................... 3 EMPLOYEE RIGHTS ........................................................................................... 4 SENIORITY ............................................................................................................. 5 HOURS OF WORI< ............................................................................................... 6 BIDDING PROCEDURES FOR SHIFT ASSIGNMENT ............................ 8 SPECIALASSIGNMENT ................................................................................... 10 LAYOFF ................................................................................................................. 11 COMPENSATION ............................................................................................... 12 MERITPAY ........................................................................................................... 14 • OVERTIME WORI<:. ............................................................................................ 15 CALL BACK .......................................................................................................... 16 STANDBY .............................................................................................................. 17 CLOTHINGALLOWANCE ............................................................................. 18 ANNUALLEAVE ................................................................................................ 19 HOLIDAYS ............................................................................................................ 21 ADMINISTRATIVE LEAVE ............................................................................. 22 FUNERAL LEA VE .............................................................................................. 23 PERSONAL LEAVE ............................................................................................ 24 SHORT TERM DISABILITY (STD) ................................................................ 25 WORI<ERS' COMPENSATION ....................................................................... 27 ii • ARTICLE22 INSURANCE ......................................................................................................... 28 • ARTICLE23 RETIREE HEALTH INSURANCE ASSISTANCE ...................................... 29 ARTICLE 24 PENSION / RETIREMENT PLANS .............................................................. 30 ARTICLE 25 RULES AND REGULATIONS ......................................................................... 31 ARTICLE26 D UES DEDUCTION .......................................................................................... 32 ARTICLE27 ASSOCIATION ACTIVITIES ........................................................................... 33 ARTICLE28 LETTER OF CORRECTIVE ACTION .......................................................... 34 ARTICLE 29 DISCIPLINARY ACTION ................................................................................. 35 ARTICLE 30 GRIEVANCE PROCEDURE ............................................................................ 36 ARTICLE 31 EXCLUSIVENESS OF CONTRACT. .............................................................. 38 • • lll CONTRACT BETWEEN THE CITY OF ENGLEWOOD AND THE ENGLEWOOD POLICE BENEFIT ASSOCIATION This Contract entered into by the City of Englewood, Colorado ("City"), and the Englewood Police Benefit Association ("Association") has as its purpose the promotion of harmonious relations between the City of Englewood and its employees, a fair and peaceful procedure for the resolution of differences; the establishment of rates of pay and hours of work, and other conditions of employment mutually agreed upon. Except where limited by express provts1ons elsewhere in this Contract, nothing in this Contract shall be construed to restrict, limit or impair the rights, powers and authority of the City as granted to it by constitutional provision, statute, ordinance, charter or special act, the exclusive power, duty and rights to; A. Determine the overall mission of the City as a unit of government. B. To maintain and improve the efficiency and effectiveness of City operations. C. To determine the services to be rendered, the operations to be performed, the technology to be utilized, or the matters to be budgeted. D . To determine the overall methods, processes, means, job classifications or personnel by which City operations are to be conducted. E. To direct, supervise, hire, promote, transfer, assign, schedule, retain or lay-off employees. F . To suspend, discipline, discharge, and demote for cause, all full-time permanent classified employees. G. To relieve employees from duties because of lack of work or funds, or under conditions where the City determines continued work would be inefficient or nonproductive. H. To take whatever other actions may be necessary to carry out the wishes of the public not otherwise specified herein or limited by a collective bargaining contract. I. To take any and all actions to carry out the mission of the City in cases of emergency. J. Nothing contained herein shall preclude the City from conferring with its employees for purposes of developing policies to effectuate or implement any of the above enumerated rights . 1 • • • • • • ARTICLE 1. DURATION OF CONTRACT A. This Contract shall take effect on January 1, 2015 and shall continue in force to and including December 31, 2016. B. This Contract, or any part of it, may be terminated or renegotiated at any time by mutual consent of both parties. C. If any article or section of this Contract should be held invalid by operation of law or the District Court, or if compliance with or enforcement of any article or section should be restrained by such District Court, the remainder of this Contract shall not be affected thereby and this Contract shall remain in full force and effect, and the parties shall promptly negotiate for the purpose of attempting to arrive at a mutually satisfactory replacement of such article or section. D. Nothing in this agreement shall be interpreted contrary to present or future statutory or common laws of the State of Colorado. E. The parties acknowledge that during negotiations which resulted in this Contracthad the unlimited right and opportunity to make demands and proposals with respect to any subject or , . .,;~~..:r ... _ppruprial.e for negotiation discu:;.;ion., ... nd ;:hat ;_L:. u~1Jer~~~:.:l<li::::.g ., uud agr eement::. arrive<l at by the parties after this exercise of that right and opportunity are set forth in this Contract . 2 ARTICLE 2. RECOGNITION The City recognizes the Englewood Police Benefit Association as the employee organization certified by the City of Englewood as the exclusive representative for sworn Police employees within the following bargaining unit: Included: Excluded: All full-time, classified sworn police officers below the rank of Sergeant of the City Police Department ("Employee" or "Officer"). (See City Charter, Article XV. 137:2 (b), (c)). All others. .·. ~'.' . 3 • • • • • • ARTICLE 3. EMPLOYEE RIGHTS 1. A full-time classified employee who is not a confidential employee, a managerial employee, or a supervisor shall have the right: A . To form , join, support or participate in, or to refrain from forming, joining, supporting, or participating in any employee organization or its lawful activities . B. Bargain collectively through their certified employee representative. C. No employee shall be interfered with, restrained, coerced or discriminated against because of the exercise of these rights nor shall the right of an individual employee to discuss employment concerns with the City be infringed upon. 2. The City and the Englewood Police Benefit Association mutually agree that a fair and impartial investigation of officers is deemed appropriate and necessary. A written policy has been developed and included in the operations manual specifically addressing the issue of ;i G.;oj u~.-,ua J:v e and crim inal investigations and employ ee rights. ~0 change::. will be: madl': in this policy without prior consultation and review with association representative(s). 3. The City will provide bargaining unit employees a total annual bank, not to exceed two hundred (200) hours for use to attend FOP sponsored training or conferences. All costs shall be borne by the EPBA. All trainings shall be approved by the Chief, provided that sufficient staffing exists to meet the needs of the Department. 4 ARTICLE 4. SENIORI1Y For the purposes of this Contract, seniority shall be determined by length of continuous full- time service with the City Police Department. In cases where two or more employees have the same hire date, the badge number as issued by the Department shall establish priority of position on the seniority list. Employees shall not continue to accrue seniority while laid off, and seniority will terminate when an employee has been laid off for a period of twelve (12) months. After an employee successfully completes the probationary period, their name shall appear on the seniority list as of the first date of hire. The seniority of an employee shall terminate under any of the following conditions: • When a laid off employee fails to give notice of the employee's intent to return to work within seven (7) calendar days after the City has sent, to the employee's last known address on file with the City, a certified letter requesting the employee's return to work. • . \.vnen the .-:nipioyee gives notice but fails to return to work within seven (7) caienuar days after the aforesaid letter has been sent to the employee. • When the employee's employment with the City is terminated for any reason. • When an employee is on leave of absence as provided under Article 22, Leaves of Absence (Without Pay). • If an employee is absent for three (3) consecutive regularly scheduled working days without notifying the Police Chief or immediate supervisor prior to such three (3) days' absence without good cause as determined by the Police Chief. • Failure to return to work after expiration of a formal leave of absence. • An employee rehired but whose absence from City employment was less than eighteen (18) months will have their prior accrued seniority with the retirement plan restored. • An employee rehired, but whose absence from City employment was less than twelve (12) months will have their prior accrued seniority restored with regard to all other City benefits. 5 • • • • • • ARTICLE 5. HOURS OF WORK The Police Department shall observe office and working hours necessary for the efficient transaction of their respective services. A. Work Period A work period is a regular recurring period of fourteen (14) consecutive twenty- four (24) hour periods as defined by the City's Payroll Schedule. B. Work Schedule The workweek need not be the same as the calendar week. The workweek may begin on any day of the week and any hour of the day and need not be the same for all employees. For Officers assigned to the Investigations Bureau, the work schedule, including roll call and meal periods, shall consist of five (5) eight (8) hour work days. Investigations personnel shall be permitted to "flex" their schedules and work four ( 4) ten (10) hour work days with supervisor approval. For officers assigned to the Uniform Patrol Bureau, Traffic and the Impact Team, the work schedule, including roll call and meal periods, shall consist of four (4) ten (10) hour work days. Any change in an officer's bid or assigned schedule (starting time, quitting time, scheduled days off) will be made in accordance with paragraph C except schedule changes may be made without notice if the affected officer agrees. The City agrees to review with Association representative's issues and concerns regarding the method and possible compensation associated with schedule changes. C. Changing Work Schedules The Chief of Police may change the work schedule to meet the needs of the Organization. In such circumstances, the Chief shall provide a minimum of five (5) days notice to the Association. Work schedules may be changed without advance notice in the case of emergencies as determined by the Police Chief. When an employee's work schedule is changed for purposes of training, special instruction, etc., the supervisor shall make a reasonable effort to accommodate the employee's interests concerning the scheduled change. D. Staffing E . The need for an appropriate level of staffing is recognized by the City for the purpose of efficiency and safety. The Police Department will address this issue in Department policy. Meal Periods 6 Officers shall be granted a paid meal period of thirty (30) minutes for each eight (8) hour work shift. Employees working a ten (10) hour work shift shall be • allowed a paid forty-five (45) minute meal period. An employee may conduct personal business during the meal period. The meal period shall be authorized and controlled by the employee's supervisor. F. Rest Periods Employees shall be granted a paid rest period not to exceed fifteen (15) minutes during approximately the first one-half of the employee's regular work day and an additional fifteen (15) minutes rest break approximately in the second one-half of the work day. Rest periods shall be authorized and controlled by the employee's supervisor. , -· ··-· .,_ ·r ...... .: 7 • • • • • ARTICLE 6. BIDDING PROCEDURES FOR SHIFT ASSIGNMENT Bidding for Watches and Days Off A. Seniority applicable to the seniority bid process will be determined in accordance with the total length of continuous employment as a Police Officer with the City of Englewood. Prior City employment in other than a Police Officer capacity will not apply toward seniority. Probationary employees will not be included in the bid process. B. The seniority bid system will be applicable to personnel assigned to the Uniform Patrol Bureau only, and will not be authorized in any other bureau or special assignment. C. The Uniform Patrol Bureau Commander will develop and post a schedule prior to each year for a twelve-month period. D. The bid process will begin on September 1st of each year and shall be completed by October 31 st of each year. Employees will have one (1) calendar day to submit their bid request upon being notified that it is their turn to bid. Employees who bid during working hours will submit their bid prior to the end of their shift. The bid request shall consist of the employee's choice of shift :l:::i~-'~;.-,~;, days of: $.nd .any senicrity --;·acat0n and/c;r h olit,:l:::y ~e c;:u c :.t3 as p.t ovidec t'.:Jde~ Article 1 S and Article 16 . Employees' time for participating in the bid process shall not be considered hours worked for purposes of calculating overtime. The Uniform Patrol Bureau Commander shall make reasonable efforts to keep employees apprised of the status of the bid process . E. There will be a total of five (5) non-biddable positions which shall consist of two (2) non- biddable positions on Watch I and three (3) non-biddable positions on Watch II. Non-biddable positions shall not have any combination of Friday, Saturday or Sundays as the positions' regular days off unless agreed to by the Association and the Uniform Patrol Bureau Commander. The bidding process will begin with the most senior Police Officer bidding the positions of his/her choice. In descending order of seniority, each remaining Police Officer will have choice of the remaining biddable positions. The Uniform Patrol Bureau Commander may open the bid for any or all of the non-biddable positions at his discretion. Employees may request non-biddable positions and an attempt will be made to accommodate them, but such positions will be assigned at the discretion of the division commander. If an employee fails to submit a bid in accordance with the bidding procedure, the employee will relinquish the opportunity to bid by seniority, and will be assigned at the discretion of the Uniform Patrol Bureau Commander. F. When a vacancy in Patrol occurs during the bid year due to a resignation, tern:Unation, promotion or a bid of a vacant position in accordance with this section, the Department shall place the vacant position up for bid for three (3) calendar days by posting notice of the vacancy via department email. The notice shall include a description of the vacant position and the deadline for submitting the bid to the Uniform Patrol Bureau Commander. Once the three (3) days expires, the Department shall review the submitted bids and the position shall be awarded to the most senior bidder. There shall be a maximum of two (2) total bids allowed, including the initial bid for the initial vacancy . Additional bids may be authorized at the discretion of the Uniform Patrol Bureau Commander. 8 G . An employee in another assignment, who is reassigned to the Uniform Patrol Bureau will occupy the position vacated by the employee they are replacing. If other positions are available, the employee may request assignment to such positions, but may only be assigned at the discretion of the Uniform Patrol Bureau Commander. The employee will then be allowed to bid at the next bid process. H. Employees, who wish to permanently trade work schedules, shall submit a request, in writing, to the Uniform Patrol Bureau Commander, who must approve all shift trades. Prior to such submission, the employees in question shall contact, via department email, any affected employees on the seniority list to determine whether any more senior employees are interested in shifts involved in the trade. All responses from affected employees shall be delivered to the Uniform Patrol Bureau Commander for review. The involved employees shall be responsible for accommodating any more senior employee's desire to fill a shift involved in the trade. If the involved employees are unable to accommodate the more senior employees, the trade will not be approved. It is further understood that should a schedule change for unforeseen emergency circumstances arise, employees may be assigned by the Uniform Patrol Bureau Commander from one shift to the ·other to 1::.-.mdle-whatevcr ·ewlik.."gency s~tuation exists ,<luri..11g the..<lur~tion --ofthee~xgenc;:y .• ,, 9 • • • • • • ARTICLE 7. SPECIALASSIGNMENT/OPTIONALDUTY Special Assignment means any assignment, other than Patrol, in which an employee serves in a full time capacity. Special Assignments include, Detective, Professional Standards Bureau Investigator, School Resource Officer, Traffic Officer, Impact Team and any other assignment that falls within the definition of Special Assignment. Optional Duty means any duty that is in addition to an employee's full-time assignment. Optional Duties include, but are not limited to: Armorer, SWAT Officer, Negotiator, Field Training Officer, Crime Scene Investigator, and Skills Instructors such as Firearms, Arrest Control, etc. The Department will maintain a written process for selection and service, including performance of employees for special assignments in the Police Operations Manual. A copy of the written process shall be provided to the Association for review at least fourteen (14) calendar days prior to it being disseminated to employees of the Department. The Police Chief will consult with the Association regarding any future changes to the selection process. , . Etf.iplt;yec,s;· w-~w voh.lniliril y"a:ccep t ;.· ;:;p.:~ial a;;sig1;;.:.l.:.ilt ;~r viJ~u 1 :...:..l <l~ly , :,hall bt.. iJemJ.h.::J to withdraw from the special assignment or optional duty, upon request provided the officer gives at least ninety (90) days advance notice. Employees who are required to fill a special assignment or optional duty involuntarily shall not be required to do so for more than one (1) calendar year . 10 ARTICLE 8. LAYOFF Whenever there is lack of work, lack of funds, or under conditions where the City determines continued work would be inefficient or non-productive the appointing authority shall designate the positions in which the layoff is to be made. The order of layoff shall be determined by the City Manager on the basis of the quality and length of service provided by the employees in the affected areas. Quality of work will include the employee's total employment record. This record includes annual performance evaluations, commendations, disciplinary actions, education, training, etc. Any employees who have not yet achieved permanent or regular status or who have less than twelve (12) months of full-time employment with the City shall be laid off first, regardless of performance. Permanent employees who are laid off have the right to be reemployed as a police officer, in inverse order of layoff, provided that such recall occurs within eighteen (18) months of layoff and the employee continues to meet the qualifications for that position. Laid off employees will stay on the recall list for eighteen (18) months . In the event the quality and length of service are equal, seniority shall prevail. The recall list shall terminate after eighteen (18) months . If financial conditions warrant and at the discretion of the Police Chief, an employee, recalled from layoff to a classification lower than that held at the time of the layoff, may be moved up to the highest classification previously held at an acceieratt:J pace. i ·, Employees shall not continue to accrue service credit, including seniority, or be eligible for any City benefits during layoff. In the event of a layoff, affected employees will be given as much • advance notice as possible. • • 11 • • • ARTICLE 9. COMPENSATION A. 2016 Salary Schedule Regular Straight Time Hourly Rate Police Officer Probationary Police Officer 4th Class Police Officer 3'd Class Police Officer 2nd Class Police Officer 1st Class $27.10 $28.86 $31.71 $34.89 $38.36 B. The schedule in "A." above will be adjusted on January 1, 2017 to reflect the 2017 "market median" as determined by the 2016 Salary Survey. The "market median" will be based upon the 2017 median wage of either the top rate for the highest ranking police officer or maximum of the salary range for top ranking police officer (if the jurisdiction uses ranges vs. a flat rate) at: Arvada, Aurora, Boulder, Commerce City, Denver, Greenwood Village, Lakewood, Littleton, Longmontand Thornton. The survey will be conducted in the 4th quarter of 2016 by the Human Resources Departr;h...nt; with the ~oncurrence uf the EPBA. The City ;;.11d Uk EPBA will meet by NovemLe:r 1, 2016 to approve the survey and finalize the revised salary table for 2017 . C. The schedule in "A." above will be further adjusted on January 1, 2018 to reflect the2018 "market median" as determined by the 2017 Salary Survey. The "market median" will be based upon the 2018 median wage of either the top rate for the highest ranking police officer or maximum of the salary range for top ranking police officer (if the jurisdiction uses ranges vs . aflat rate) at: Arvada, Aurora, Boulder, Commerce City, Denver, Greenwood Village, Lakewood, Littleton, Longmont and Thornton. The survey will be conducted in the 4th quarter of 2017 by the Human Resources Department, with the concurrence of the EPBA. The City and the EPBA will meet by November 1, 2017 to approve the survey and finalize the revised salary table for 2018. Class Increase The wage increase provided for Police Officer 4th Class through 1st Class shall not be considered automatic, but rather based upon meritorious service. Said class increase may be granted or denied to any individual Police Officer upon recommendation of the Police Chief and with the approval of the City Manager or designee upon written notice to such individual Police Officer. The date in which the class increase is approved shall determine the new class anniversarydate. Stipends Field Training Officers (FTO)/Master Police Officer Employees, who are assigned as Master Police Officers (M:PO), shall be compensated at two (2) hours 12 at their overtime rate for each day that they serve in that capacity. Employees, who are assigned as Field Training Officers (FTO), shall be compensated at one (1) hour at their overtime rate for each day that they serve in that capacity. 13 • • • • • • ARTICLE 10 . MERIT PAY A . Each Police Officer I shall be eligible for merit pay in an amount determined by the Police Chief, up to a total of $1,000. B. Such merit pay shall be awarded in the exercise of the Chief's discretion, based upon specific written objective and subjective performance criteria developed by the Chief. The Chief shall consult with the Association regarding the criteria and the criteria will be made available to employees . C. Eligible employees who believe they meet the criteria for such an award shall submit their application through their immediate supervisor for review by the Merit Pay Review Committee on or before the employee's employment annual evaluation date (date of hire). The Committee shall make a recommendation to the Chief regarding the amount of the merit pay, if any, to be awarded to the employee. The amount recommended shall not exceed the amount set forth in Paragraph A, above. The Chief shall promptly consider and make a determination as to each such recommendation . 14 ARTICLE 11. OVERTIME WORK A. Employees covered by this Contract shall be compensated at time and one-half (1 1 /2) the employee's regular hourly rate of pay for all assigned hours worked over and above their regular DAILY work schedule. B . Overtime shall not be pyramided, compounded or paid twice for the same hours worked. C. The City retains the right to assign overtime work to any employee qualified to perform the work. D . Overtime available during a given watch shall be offered on a voluntary basis to uniformed officers working during the preceding or succeeding watch, as determined by the watch supervisor, in order of seniority. If no officer accepts, the least senior officer may be required to work the overtime, an accommodation may be authorized, or the City may, at its discretion, call any officer in to work the overtime. E. Employees who work overtime, call back, and/ or standby hours may, in lieu of pay, take cornpcnsa 1:Gl)'" tit 11t: off upon ·mutual agn:emenr 'bet\Veen the· employee an d th.:: employee's supervisor. If there is no mutual agreement, the employee shall be paid. Members of the bargaining unit may accrue a maximum of eighty (80) hours of compensatory time to be utilized in accordance with City of Englewood Policy #46 (Compensatory Time). Compensatory time is to be compensated at the rate of one and one-half hours of time off for each one hour of overtime, call back, or standby worked in excess of the daily scheduled work shift. F. Employees who attend firearms qualification on their off-duty time will be guaranteed two (2) hours overtime pay whether they qualify or not. Employees who have already qualified, shall not be compensated for any additional time spent on the range. 15 • • • • • • ARTICLE 12. CALL BACK A. An employee on off-duty status who is called back to duty for a non- emergency situation shall be credited with a minimum of two(2 ) hours of pay at the rate of one and one-half (1 1 /2) the employee's regular hourly wage rate. An employee on off-duty status who is called back to duty for an emergency situation where the employee is contacted and required to immediately report to work shall be credited with a minimum of two and one-half (2 Yi) hours of pay at the rate of one and one-half (1 Yi) the employee's regular hourly wage rate or actual time worked, whichever is greater. B. Should any employee be required to testify before any court or divisional administrative hearing as a result of his/her official duties with the City, the time spent by such employee in providing such testimony shall be considered to be work time. If such appearance for testimony is at a time when the employee would otherwise be off duty, the employee shall be paid as provided under Section A and B above. The employee shall pay to the City all witness fees, and other compensation · ~· :. . ·paid fo . the· employee · in conjunction with . so testiiymg exdudmg rriileage foes. Au employee who is called for witness duty shall present to their supervisor the original summons or subpoena from the court or at the conclusion of such duty, shall provide a signed statement from the clerk of the court, or other evidence indicating the amount of time his/her person was required. C. When an employee is subpoenaed as a witness in private litigation to testify, not in his /her official capacity but as an individual, the time absent by reasons thereof shall be taken as any accrued leave or leave without pay, if all accrued leave is exhausted . 16 ARTICLE 13 . STANDBY Employees assigned to standby duty shall be credited with two and one-half (2 %) hours of pay at the overtime rate of pay for each twenty-four (24) hour period, during which they are on standby. Employees assigned to standby for less than a twenty-four (24) hour continuous period shall be credited with one (1) hour of pay at the overtime rate for each suchassignment. .... 17 • • • • • • ARTICLE 14. CLOTHING ALLOWANCE A. The City shall furnish, or reimburse the cost of uniforms, including leather gear, insignias, duty footwear and clothing, required while on duty, and shall pay all costs of maintenance, repair and cleaning thereof, provided that reimbursement of such costs shall not be required if approval of the Police Chief is not obtained in advance of purchase. All employees assigned to non- uniform positions for a period of thirty (30) days or more and not required to be in uniform during work, shall receive a clothing allowance as follows: 1. Upon initial assignment to a non-uniform position, the employee shall receive a lump sum of $1200 to cover the initial cost of purchasing clothing for the first year of the employee's assignment. Employees, who leave non-uniform position voluntarily within the first year of their assignment, shall repay the clothing allowance at $100 per month for every entire month remaining in the first year of their assignment. 2. After the first year of their assignment to a non-uniform position, officers shall receive $100 per month for each month that they remain in the non-uniform assignment. B. The employee shall be responsible for all lost or stolen items identified above, or damage to the same, as a result of the employee's negligence or deliberate act. C... TI1 ..::: City "1ill prcvi ~c e>n ~ replacei11e11t !_,J_:L:. ~ 1~gl1 qua.lily bullet. proof \,'{!:)t. _,:\1 ... 1 bullet resistant vest issued after January 1, 2015 shall meet the minimum standard of level II (A) on the National Institute of Justice's Standard for Bullet Resistant Vests. At the employee's option, a level III (A) vest will be provided at no additional cost to the employee. Replacement shall be made once every five (5) years, or at such earlier time as the City is notified of any event or condition rendering such a vest unsafe for its intended purpose. In the event of specialized or customized vests, the City will pay the same dollar amount for the City issued and authorized vest with . the employee paying the differences in cost. D. All uniformed employees shall be annually reimbursed the cost of one pair of duty footwear up to a maximum of $200. Officers shall present a receipt for the footwear to the City before receiving the reimbursement. E. Except in the case of the employee's personal negligence, employees shall be fully reimbursed for any department approved firearm, prescription eyewear, or flashlight, purchased by the employee that is damaged or destroyed in the performance of the employee's official duties; or any department approved firearm purchased by the employee that is seized as evidence and not returned to the employee within 30 days of seizure. Employees shall be furnished with or reimbursed for the costs of replacement batteries for flashlights and weapon sights . Employees must seek supervisory approval before purchasing replacement batteries and shall provide proper receipts to be eligible for reimbursement . 18 ARTICLE 15. ANNUAL LEA VE Employees shall earn annual leave at the following rates. Length of Service 0-4 years 5-9 years 10-19 years 20 and above The earning limits for annual leave shall be as follows: Length of Service 0-4 years 5-9 years 10-19 years 20 and above Hours per Year 100 120 160 170 240 288 368 428 • A. Annual leave shall not be granted to any employee until after completion of six (6) months consecutive service with the City. • B. The schedule for use of annual leave shall be determined by the needs of the department. Annual leave shall be taken at a time convenient to and approved by the Police Chief. (See City of Englewood Administrative Policy 30, "Annual Leave", for further details.) Annual Leave Pay The rate of annual leave pay shall be the employee's regular straight time hourly rate of pay for the employee's regular job. Annual leave shall be allowed only to the total hourly amount accumulated during the pay period in which the leave is taken. Work During Annual Leave If after the employee has begun their annual leave and the City requires the employee to work during the scheduled annual leave period, the employee shall be compensated as follows: A. The employee shall be paid for all hours worked at the overtime rate. B. The employee shall not be charged with annual leave for the number of hours worked. 19 • • If all personal leave has been exhausted and the employee is ill or injured, annual leave may be substituted for personal leave, and will serve as the elimination shift in order to access Short Term Disability. In this instance the employee must notify his/her supervisor one hour prior to the start of his/her shift. The maximum use of annual leave shall be no greater than the amount accumulated by the employee during the pay period in which the leave is taken, and in no event shall the annual leave exceed four ( 4) consecutive weeks unless otherwise authorized by the Police Chief. Annual Leave Pay Upon Separation Any employee who is separated from the service of the City, i.e ., retirement, termination (if employee has completed six (6) months of continuous service with the City), or layoff, shall be compensated for the unused annual leave time accumulated at the time of separation at the employee's regular hourly wage rate. Annual leave is not to be used to extend an employee's date of separation. Each officer will bid one annual leave, by seniority, for the year's period, January 1st through December 31 't. Additional annual leave periods will be granted, on a first requested basis, only after • all seniority-bid annual leaves have been scheduled. • The bidding process for annual leave will begin on September 1 of each year and shall be completed by October 31 of each year as scheduled by the Uniform Patrol Bureau Commander. Annual leaves are expected to be scheduled in good faith by each employee and shall specify the exact dates desired. All seniority bid for annual leave shall consist of consecutive days up to 120 hours, but in no event shall seniority annual leave exceed 120 hours unless approved by the Uniform Patrol Bureau Commander. Annual leave will be administered at the discretion of the Police Chief or designee for personnel assigned to any other Bureau(s) . 20 ARTICLE 16. HOLIDAYS A. Officers assigned to the Uniform Patrol Bureau shall be scheduled for one hundred (100) hours of holiday time with pay per calendar year. Scheduling will be made with the approval of the Police Chief or designee. Bidding for holidays will commence during the annual bidding process and will be bid by seniority after the completion of all seniority annual leave bid. Annual leave shall take priority over holidays . Employees may bid a minimum of 10 (ten) hours of holiday time up to a maximum of 40 (forty) hours. Holidays bid do not have to be bid in consecutive days. Any holidays not scheduled by August 1 of that year may be assigned at the discretion of the Uniform Patrol Bureau Commander. B. Officers assigned to the Investigative Services Bureau will be granted one hundred (100) hours of time off on the regularly observed City holidays. If a holiday falls on one of their regularly scheduled days off, these employees will be given an alternate day off. These officers may also be granted a "floating holiday" option. They may be allowed to exchange any of the below listed holidays for any other day in the year he/ she is normally scheduled to work. Scheduling will be made with the approval of the Police Chief or designee. Presidents· Day Veterans Day Friday after Thanksgiving Martin Luther King Day Labor Day Memorial Day Christmas Eve New Year's Eve Independence Day • C. If after the employee has begun their holiday and the City requires the employee to • work during the scheduled holiday period, the employee shall be compensated as follows: 1. The employee shall be paid for all hours worked at the overtime rate. 2. The employee shall not be charged with holiday time for the number of hours worked. D. When a new officer is hired, he/ she receives an initial prorated holiday leave balance. When an officer terminates before the end of the year, holiday leave cash out will be prorated. If a current officer does not use all of his/her holiday leave by December 31 st of a given year, the unused portion will be forfeited. E. Holiday leave will be administered at the discretion of the Police Chief or designee for personnel assigned to any other Bureau(s). 21 • • • • ARTICLE 17. ADMINISTRATIVE LEA VE Administrative leave with pay may be granted an employee at the discretion of the Police Chief or designee . This leave is used when circumstances require in the best interests of the City and/ or employee that the employee should temporarily be relieved from duty . 22 ARTICLE 18. FUNERAL LEA VE The Police Chief shall grant leave with pay to an employee to attend the funeral of a member of the employee's family. The number of days granted shall be governed by the circumstances of the case, but in no event shall they exceed seven (7) calendar days. For the purpose of this section, "employee's family" shall mean the employee's spouse, or the children, grandchildren, parents, grandparents, brothers and sisters of the employee or of the employee's spouse . 23 • • • • • • ARTICLE 19. PERSONALLEAVE All employees covered by this Contract shall be granted 5 0 personal leave hours with pay which an employee is entitled to use for the followingpurposes: A. Employee's own illness/injury B. Illness/injury of employee's family C. To attend to personal business Employees shall have until October 31 •of each year to use their annually allotted personal leave. Any unused personal leave hours shall be converted to annual leave hours at a one hour to one hour ratio. Personal leave shall be scheduled and administered under the direction of the Police Chief. In the event of illness/injury in which personal leave is requested, the employee shall notify their supervisor or other person designated by the supervisor at least one (1) hour prior to their scheduled reporting time . Personal leave shall be prorated for employees beginning employment with the City . No p..:0.tatioii 01 -:om ..:rsion t o an:::ual lei> ;·e shall J cc..w: t.:p on tcrmin;:;.:i011 JLiiii'lu yii.1.::.G.~ . 24 ARTICLE 20. SHORT TERM DISABILITY (STD) A. Definition Upon completion of 90 days of service, STD leave is granted for non-service connected injuries (except as described below in section D.,2.,b.) or illnesses of an employee which prevents the employee from performing his/her duties as a City employee. B. Provision The City agrees to provide STD leave with pay for employees absent as a result of illness/injury as follows: 91 days-4 years 5-9 years 10+ years 347 hours 520 hours 693 hours C. Accumulation and Restoration S'lD ieave shall nor be accumulative except that on Januaty l uf each year, die City shall restore 100% of the number of hours previously used by an employee as follows: 91 days-4 years 5-9 years 10+ years up to a maximum of 17 4 hours up to a maximum of 260 hours up to a maximum of 34 7 hours Such restoration shall continue each year until such time as the employee accrues the maximum number of hours for which he or she is eligible under Article 24.B . D. Utilization 1. Upon completion of 90 days of service, employees may access STD with pay after they have expended one annual or personal leave day to cover their first shift of the absence. Employees, who wish to access STD must apply for such leave using a form provided by the City and they shall attach to such form a doctor's note, evidencing that they are or were ill. Employees must provide the form and the physician's note within five (5) days of returning to work. Employees, who fail to provide such documentation, shall be charged personal or annual leave time for their entire absence. 2. Authorization for STD shall only be granted for the following reasons: a. Personal illness or injury not service connected, including maternity related disability . b. Service connected injury or illness only after the ninety days described in Article 25, 25 • • • • • • Workers' Compensation, has been exhausted . F. Reporting of STD The employee or a member of the employee's household shall notify the employee's supervisor at least one (1) hour prior to the employee's scheduled reporting time. No STD leave will be granted to an employee who fails to notify their supervisor prior to the beginning of the employee's work schedule unless circumstances beyond the control of the employee would not permit. G. Verification of Disability If absence from work is three (3) days or more, a medical release must be provided to the employee's supervisor, who will forward it to Human Resources for possible Family and Medical Leave qualification. If the Police Chief requires a physician's statement of disability in addition to the one mentioned above, the City shall bear reasonable and necessary costs required to obtain such physician's statement. H. Abuse of STD An employee who makes a false claim for STD leave shall be subject to disciplinary action . 26 ARTICLE 21. WORKERS' COMPENSATION A. For any on-the-job injury which causes any employee to be absent from work as a result of such injury, the City shall pay to such employee his/her full wages from the first day of his/her absence from work up to and including the 90!lh calendar day of such absence, less whatever sums received by the employee as disability wages under workers' compensation. After exhaustion of the ninety (90) days if the employee is still disabled, he/she can utilize leave under the provisions of Article 24. The City reserves the right to require any employee on injury or disability leave to submit to an examination(s) by City-appointed physician(s) at the City's expense or under the provision of workers' compensation or the retirement/pension provisions as provided under State Statute. B. All injuries that occur during working hours shall be reported to the employee's supervisor within 24 hours of the injury or before the employee leaves their department of employment unless circumstances beyond the control of the employee would not permit. C. During the term of this Agreement, the City shall pay one-half (1 /2) of the state- mandated contribution for death and disability pursuant to § 31-31-811(4), C.R.S., for officers hired afrerJanuary i, 1997 . D. When a member of the bargaining unit is killed in the line of duty or dies from injuries • sustained in the line of duty, the City shall pay the cost of reasonable funeral expenses incurred by • the survivors up to a maximum of ten thousand dollars ($10,000). This amount shall be offset by any other payments provided by Colorado Workers' Compensation or any other insurance agency or organization. • 27 • • • ARTICLE 22. INSURANCE A. MEDICAL The City will pay ninety percent (90%) of the premium cost for "employee only" coverage, eighty-five percent (85%) of the premium cost for "employee plus one" coverage and eighty percent (80%) of "family" coverage for the medical insurance plan designated as the basic City plan. Employees will pay 10%, 15% or 20% of the premium cost. If the City offers any optional medical insurance plan(s), the employee will pay the difference between the City's contribution described above and the premium cost of the optional plan chosen. B. DENTAL The City will pay ninety percent (90%) of the premium cost for "employee only" coverage, eighty-five percent (85%) of the premium cost for "employee plus one" coverage and eighty percent (80%) of "family" coverage for dental insurance. Employees will pay 10%, 15% or 20% of the premium cost. C. LIFE Term life insurance will be provided by the City for employees covered by this Contract in an amount equal to one year of the employee's salary as specified in Article 9, Compensation, B. or C., whichever applies . D. Any dispute concerning the interpretation or application of benefits provided under the health or dental plans shall be subject to the plan appeal process. It is expressly understood that this article is a non-grievable item under this Contract . 28 ARTICLE 23. RETIREE HEALTH INSURANCE ASSISTANCE It is understood and agreed by both parties that any referral to health insurance for retirees or future retirees is not to be construed as a part of this Contract. The City agrees to pay the retiree $75.00 per month for employees who retired on or before December 31, 1994; and $100.00 per month for employees who retire on or after January 1, 1995. 29 • • • • • • ARTICLE 24. PENSION /RETIREMENT PLANS Officers hired before May 20, 2013 shall contribute 10% of their base wages into the Fire and Police Pension Association of Colorado (FPP A) Statewide Defined Benefit Plan and the City shall contribute 10% of each officer's base wages into the FPPA Statewide Defined Benefit Plan. Officers who were hired before May 20, 2013, but remained in either the ICMA-RC Money Purchase Plan or converted to the FPPA Money Purchase portion of the FPPA Hybrid Plan or the FPPA Hybrid Plan shall contribute 10% of their base wages into the plan and the City shall contribute 10% of each officer's base wages into the plan. Officers hired after May 20, 2013 shall be enrolled in FPPA's Statewide Defined Benefit Plan and they shall contribute 8% of their base wages into the plan and the City shall contribute 8% of their base wages into the plan. The plan documents for the City of Englewood ICMA Retirement Corporation 401 (a) Money Purchase Plan and the FPPA Plans will be available for inspection in the Department of Finance and Administrative Services. FPPA plan information is available on FPPA's website at: W\Vw.fppaco.org . 30 ARTICLE 25. RULES AND REGULATIONS A. Except as limited by the express terms of this Contract, the City retains the right to promulgate reasonable rules, regulations, policies, procedures and directives. Said rules, regulations, policies, and procedures and directives which are an alleged violation of this Contract shall be subject to the grievance procedure. B. The City agrees to meet and confer in a timely manner with the Association concerning the formulation of changes of rules and regulations, policies, procedures and directives . 31 • • • • • • ARTICLE 26 . DUES DEDUCTION A. The City agrees to deduct the Association dues once each pay period from the pay of those employees who individually request in writing that such deductions be made, subject to the garnishment laws of the State of Colorado. The amounts to be deducted shall be certified to the City Director of Human Resources by the Treasurer of the Association, and the aggregate deductions of all employees shall be remitted together with an itemized statement to the Treasurer by the 15th of the succeeding month, after such deductions are made. The authorization shall be revocable during the term of the Contract, upon a thirty (30) day written notice by the employee to the City Finance and Administrative Services Director. B. If no wages are paid an authorized employee on the last pay period of a given pay period, deduction for that pay period will be made from any wages which may be paid to him/her on the next succeeding final monthly City pay period. It is expressly understood that the City assumes no liability and shall not be liable for the collection or payment to the Association of any dues during any time that an employee is not actually working for the City and actually on the payroll of the City . In the event of error on the check-off list or missed deduction, the City will not be responsible to make adjustments, until notified by the Treasurer of the Association. C. . The As ;,c,c~ti c n sL.all in<l cliuilfy a.n J :,.:;]J ~i..:: Cii.y l1aimlc:s:; <>.5dnst ;;.ny anJ :.:1 claims, suits, orders, or judgments brought or issued against the City as a result of any action taken or not taken by the City under the provision of this Article. D . Changes in the dues amount to be deducted shall be limited to two (2) changes each year, and provided a thirty (30) day written notice is provided the City Director of Human Resources. E . Should the change in the deduction amount or method require a computer programming change, the Association shall be responsible for 100% of the cost of such change or changes. The City and the EBP A shall discuss and agree upon any necessary programing changes and the associated costs before any such work begins. Payment from the Association shall be made to the City Director of Human Resources within ten (10) days of receipt of billing . 32 ARTICLE 27. ASSOCIATION ACTIVITIES The City agrees that during working hours on the City premises and without loss of pay, Association representatives may be allowed to: attend Association-management meetings; attend negotiation sessions; post Association notices on City designated bulletin boards; solicit Association memberships during employee's non-work time; and represent employees on grievances and disciplinary matters provided the work load permits as determined by the Police Chief or designated representative and requires no overtime pay. 33 • • • • • • ARTICLE 28. LETTER OF CORRECTIVE ACTION A. Examples of reasons that may result in an oral or written corrective action are listed under City of Englewood Administrative Policy Manual, Policy #25, "Corrective and Disciplinary Action", and the Englewood Police Department Operation Manual, Sections 3.1, "Code of Conduct" and 3 .2, "Discipline". B. The employee shall have the opportunity to submit written comments in response to any written corrective action which is to be included in the employee's official personnel file. C. The employee retains the right to request an administrative review of any written corrective action which is to be included in the employee's official personnel file. The Police Chief shall determine this administrative review procedure. A representative of the EPBA may be included in this administrative review process at the employee's request. Written findings of this administrative review shall be placed in the employee's official personnel file. D. This Article shall not be grievable under this Contract . 34 ARTICLE 29. DISCIPLINARY ACTION Disciplinary actions are those personnel actions administered against an employee for an offensive act or poor job performance, which actions adversely affect the current pay, current status, or tenure of the employee. 1. Disciplinary action penalties include suspension, demotion, and discharge of an employee. 2. Disciplinary action may be administered concurrently with corrective actions. 3. Reasons for disciplinary action are defined under City of Englewood Administrative Policy Manual, Policy #25, "Corrective and Disciplinary Action" and the Police Operations Manual: 3.1, "Code of Conduct" and 3.2, "Discipline". An employee at his/her discretion, shall be entitled to one (1) Association representative of his/her choosing during any proceeding (e.g. hearing, pre-disciplinary, or disciplinary hearing) which the employee reasonably believes could result in disciplinary action. The employee may choose to have an Association attorney serve as his/her representative. In the event the employee's chosen represcntativ~: is unavailable, the employee shall use another available represent>t tive in his or her place. 35 • • • • • • ARTICLE 30. GRIEVANCE PROCEDURE A grievance is defined as an alleged violation concerning the interpretation or application of a specific provision of this Contract. The employee and the Association shall be required to follow the procedure as set out below. If the employee/ Association is unable to settle the grievance or dispute orally and informally through his/her immediate supervisor within seven (7) calendar days of the date of the occurrence of the grievance, or the employee's knowledge of it, the employee may within the succeeding seven (7) calendar days file a written grievance with his/her supervisor. The supervisor shall attempt to resolve the matter and shall respond in writing to the employee within seven (7) calendar days. An Association or general grievance shall be presented directly by the President of EPBA or his designee to the Police Chief. If the grievance still remains unresolved, it shall be presented by the employee to the Police ~· · ,. l · · · · · 1 · r . (1 •\ • • • r ,, · · ,. th · 1 Lmet or q,;..:r,1gnc:e in 'Nnt:L.--ig ·w1Uill.1 iOW:l(.tll '+J .:<uenoa1 uc..ys WilOWillg rect1pt ul: e ;;u.pcrv-iS'i:Jf;; response. The Police Chief shall respond in writing within fourteen (14) calendar days . If the grievance still remains unresolved, it shall be presented by the employee to the City Manager in writing within fourteen (14) calendar days following receipt of the Police Chief response. The City Manager or his/her designated representative shall respond in writing within fourteen (14) calendar days. If the grievance is still unresolved, the employee within fourteen (14) calendar days after the reply of the City Manager or his/her designated representative, may by written notice request the matter be heard by an arbitrator. If within five days of the request for arbitration the Association and the City cannot mutually agree on an impartial arbitrator, a request will be filed with the Federal Mediation and Conciliation Service (FMCS) for a panel of seven arbitrators to be sent to the parties. The arbitrator shall be selected by a method of alternative striking of names from the panel, with the first strike determined by a coin flip. The final name left on the panel shall be the arbitrator. The arbitrator shall be requested to issue a decision within thirty (30) days after conclusion of testimony and argument. Each party shall be responsible for compensation to its own representatives and witnesses. The fees of the arbitrator shall be shared equally by the Association and the City. If either party desires a verbatim record of the proceedings, it may cause such a record to be made, provided it pays for the record and makes copies available to the arbitrator. If the other party wishes to have a copy of the transcript, it shall share equally all costs of the transcript . Failure by an employee or the Association to comply with any time limitation shall constitute a settlement of the grievance. Should the employer not respond within the prescribed time, the grievance will automatically proceed to the next step. At the employee's option, the employer may be allowed additional time to respond. Authority of Arbitrator The arbitrator shall have no power to add to or subtract from or change the terms of this Contract. The written decision of the arbitrator shall be final and binding upon the parties. The arbitrator shall limit his/her decision strictly to the grievance submitted which has been properly processed through the grievance procedure outlined. Processing Grievance During Working Hours Grievances may be investigated and processed by the employee and one (1) on-duty Association representative at the employee's request during working hours within reasonable time limits without loss of pay provided notice is given and the work load permits. 37 • • • • ARTICLE 31. EXCLUSIVENESS OF CONTRACT The City and the Association agree that the terms and provisions herein contained constitute the entire Contract between the parties and supersede all previous communications, representatives or agreements, either verbal or written, between the parties with respect to the subject matter herein. The City and the Association agree that all negotiable items have been discussed during the negotiations leading to this Contract and, therefore, agree that negotiations will not be reopened on any item during the life of this Contract except by mutual agreement of the parties . IN WITNESS WHEREOF, the parties have caused this Contract to be signed by their respective representatives, and their signatures placed thereon, on this day of June, 2016 at Englewood, Colorado. CITY OF ENGLEWOOD joseph Jcffc..:son, Mayor ENGLEWOOD POLICE BENEFIT ASSO IATION • ATTEST: City Clerk City Manager • • Date September 6, 2016 INITIATED BY City Clerk's Office Agenda Item 11civ COUNCIL COMMUNICATION Subject Proposed resolution submitting to a vote of the registered electors of the City of Englewood , a question regarding prohibition on the retail sale, commercial cultivation and manufacture of recreational marijuana within the City limits of Englewood , Colorado . STAFF SOURCE Loucrishia A Ellis , City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This initiative has been discussed at several meetings of Council. RECOMMENDED ACTION Approve the proposed resolution placing this issue on the November 8 , 2016 ballot. As the Initiative Petition has been declared valid and sufficient, and the City Clerk has certified those results to City Council , the City Clerk must certify the proposed ballot question to the Arapahoe County Clerk and Recorder. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On June 10 , 2016 , a written notice of the proposed initiative was filed with the City Clerk's Office in accordance with Colorado Revised Statutes § 31-11-104 ( 1 ) . • The deadline to turn in the petition was August 10, 2016 by 5 :00 p.m . and they needed at least 597 valid signatures of City of Englewood registered electors . On June 22, 2016 , the City Clerk certified the Initiative Petition as to form . On August 10 , 2016, the Initiative Petition was filed with the City Clerk's Office . Englewood City Charter, Article VI§ 46 ... lf the petition is sufficient, Council shall pass the proposed ordinance without alterations within 30 days, or shall submit same to a vote of the electors at the next general municipal election . If Council does not pass the ordinance without alterations , the proposed ballot question will be placed on the ballot at the City's November 8, 2016 Coordinated Election . FINANCIAL IMPACT Since costs are based on several variables, e .g . the number of registered electors in the City of Englewood at the time of the election, the number of entities participating in the election, the financial impact is only an estimate . The County's estimate of our final cost is $11,659.69 . The cost of this additional ballot question has been factored in to this cost. LIST OF ATTACHMENTS Proposed resolution . Written notice of the proposed initiative. · • Memo to Mayor Jefferson and City Council, dated August 19 , 2016, certifying the validity and sufficiency of the Petition . • • • RESOLUTION NO. SERIES OF 2016 A RESOLUTION SUBMITTING PROPOSED BALLOT LANGUAGE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED BALLOT QUESTION AMENDING THE ENGLEWOOD MUNICIPAL CODE RELATING TO THE PROHIBITION ON THE RETAIL SALE, COMMERCIAL CULTIVATION AND MANUFACTURE OF RECREATIONAL MARIJUANA WITHIN THE CITY LIMITS OF ENGLEWOOD, COLORADO. WHEREAS, on August 10th, 2016 an initiative petition was submitted to the City Clerk's Office; and WHEREAS, the Englewood Home Rule Charter and State Statutes provide that this matter be forwarded to the Englewood City Council after the City Clerk certifies the validity and sufficiency of such initiative petition; and WHEREAS , the Englewood City Clerk has certified the validity and sufficiency of the signatures for the initiative petition; and WHEREAS, a "yes" vote for this Initiative will prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood; and WHEREAS , a "no" vote indicates the voter does not want to prohibit the retail sale, commercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood; and WHEREAS, in support of Amendment 64 (Section 5, "Regulation of Marijuana", Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of Marijuana for recreational use as will prohibit Marijuana cultivation and manufacturing facilities within the City Limits? This in no way affects the personal use of Marijuana according to said Amendment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 8, 2016 a proposed amendment to the Englewood Municipal Code of the City of Englewood, to read as follows : 1 Ballot Question __ A "yes" vote for this Initiative will prohibit the retail sale, conrmercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. A "no" vote indicates the voter does not want to prohibit the retail sale, conrmercial cultivation and manufacture of Recreational Marijuana within the City Limits of Englewood. In support of Amendment 64 (Section 5, "Regulation of Marijuana," Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of Marijuana for recreational use as well prohibit Marijuana cultivation and manufacturing facilities within City Limits? This in no way affects the personal use of Marijuana according to said Amendment. *Amendment 64, SECTION 5, Regulation of Marijuana, "Part 9F": "A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARimANA PRODUCT MANUFACTURING FACILITIES, MARimANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES THROUGH THE ENACTMENT OF AN RESOLUTION OR THROUGH AN INITIATED OR REFERRED MEASURE." ___ Yes ___ No Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. Only if the question is approved by the registered electors of the City of Englewood shall the Englewood Municipal Code be amended. Section 5. If any section, paragraph, clause, or other portion of this resolution is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Resolution. ADOPTED AND APPROVED this 6th day of September, 2016. ATIEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk 2 • • • .. TO: Englewood City Clerk • FROM: Citizens for the Responsible Implementation of Amendment 64 • • RE: A citizen's ballot initiative concerning recreational marijuana in Englewood DATE: 10 June, 2016 FOR NOVErvIBER 2016 GENERAL ELECTION SUMMARY: A "yes" vote for this initiative will prohibit the retail sale, commercial cultivation and manufacture of recreational marijuana within the city limits of Englewood. A "no" vote indicates the voter does not want to prohibit the retail sale, commercial cultivation and manufacture of recreational marijuana within the city limits of Englewood. In support of Amendment 64 (SECTION 5, "Regulation of Marijuana," Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of marijuana for recreational use as well prohibit marijuana cultivation and manufacturing facilities within city limits? This in no way affects the personal use of marijuana according to said Amendment . Donna Deanne Macdonald 331 W. Lehow #11 Englewood, CO 80110 Deanne-M@comcast.net (303) 501-4677 Peggy Bogaard-Lapp 5034 S Grove Street Englewood, CO 80110 . bogaardlapp@gmail.com (303) 638-6102 *Amendment 64, SECTION 5, Regulation of Marijuana," Part 9F: "A LOCALITY MAY PROHIBIT THE OPERATION OF MARIJUANA CULTIVATION FACILITIES, MARIJUANA PRODUCT MANUFACTURING FACILITIES, MARIJUANA TESTING FACILITIES, OR RETAIL MARIJUANA STORES THROUGH THE ENACTMENT OF ··· AN ORDINANCE OR THROUGH AN INITIATED OR REFERRED MEASURE," • • • • • • MEMORANDUM TO: Mayor Jefferson and City Council Members FROM: Loucrishia A. Ellis, City Clerk DATE: August 19 , 2016 SUBJECT: Initiative Petition: A "yes" vote for this initiative will prohibit the retail sale, commercial cultivation and manufacture of recreational marijuana within the city limits of Englewood. A "no " vote indicates the voter does not want to prohibit the retail sale, commercial cultivation and manufacture of re creational marijuana within the city limits of Englewood. In support of Amendment 64 (SECTION 5, "Regulation of Marijuana," Part 9F*) as passed by Colorado voters in 2012, should the citizens of the City of Englewood, Colorado exercise their right and prohibit the sale of marijuana for recreational use as well prohibit marijuana cultivation and manufacturing facilities within city limits? This in no way affects the personal use of marijuana according to said Amendment. *Amendment 64, SECTION 5, Regulation of Marijuana," Part 9F: "A LOCALITY MAY PROHIBIT THE OPERATION OF MARinJANA CULTIVATION FACILITIES, MARinJANA PRODUCT MANUF ACTURJNG FACILITIES, MARinJANA TESTING FACILITIES , OR RETAIL MARinJANA STORES THROUGH THE ENACTMENT OF AN ORDINANCE OR THROUGH AN INITIATED OR REFERRED MEASURE," State of Colorado ) ) SS County of Arapahoe ) I, the undersigned, do hereby certify, pursuant to Colorado Revised Statutes §31-11- 109, that the Initiative Petition filed with the City Clerk's Office on August 10, 2016 has been reviewed and it has been determined to be valid and sufficient. Attest: Ste cc: Eric Keck, City Manager • Date September 6, 2016 INITIATED BY City Clerk's Office Agenda Item 11cv COUNCIL COMMUNICATION Subject Proposed resolution submitting to a vote of the registered electors of the City of Englewood, an issue authorizing the City of Englewood to impose a sales tax on retail marijuana within the City limits of Englewood, Colorado . STAFF SOURCE Loucrishia A. Ellis , City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This initiative has been discussed at several meetings of Council. RECOMMENDED ACTION Approve the proposed resolution placing this issue on the November 8, 2016 ballot. As the Initiative Petition has been declared valid and sufficient , and the City Clerk has certified those results to City Council , the City Clerk must certify the proposed ballot question to the Arapahoe County Clerk and Recorder. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On June 17, 2016, a written notice of the proposed initiative was filed with the City Clerk's Office in accordance with Colorado Revised Statutes § 31-11-104 ( 1 ) . • The deadline to turn in the petition was August 10, 2016 by 5 :00 p.m . and they needed at least 597 valid signatures of City of Englewood registered electors. • On June 24, 2016 , the City Clerk certified the Initiative Petition as to form . On August 10 , 2016, the Initiative Petition was filed with the City Clerk's Office . All ballot issues (TABOR), proposed by the initiative process, must be voted on . The Council does not have the option of adopting the proposed ballot issue and bypass the election process. FINANCIAL IMPACT Since costs are based on several variables, e .g . the number of registered electors in the City of Englewood at the time of the election , the number of entities participating in the election , the financial impact is only an estimate . The County's estimate of our final cost is $11,659 .69 . The cost of this additional ballot issue has been factored in to this cost. LIST OF ATTACHMENTS Proposed resolution . Written notice of the proposed initiative. Memo to Mayor Jefferson and City Council , dated August 19 , 2016 , certifying the validity and sufficiency of the Petition . • • • RESOLUTION NO. SERIES OF 2016 A RESOLUTION SUBMITTING PROPOSED BALLOT LANGUAGE TO THE A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT MUNICIPAL ELECTION NOVEMBER 8, 2016 A BALLOT ISSUE AUTHORIZING THE CITY OF ENGLEWOOD TO IMPOSE A SALES TAX OF 3.5% THAT MAY BE RAISED UP TO 15% ON THE SALE OF RETAIL MARIJUANA IN ENGLEWOOD; PROVIDED THE TAX SHALL NOT BE RAISED ABOVE 3.5% ON OR BEFORE JANUARY 1, 2018 AND CANNOT BE RAISED BY MORE THAN 1.5% PER YEAR. WITH THE TAX REVENUES BEING COLLECTED AND USED TO FUND LOCAL LAW ENFORCEMENT, EDUCATIONAL PROGRAMS DESIGNATED BY THE CITY, AND OTHER GENERAL OPERATING EXPENSES OF THE CITY OF ENGLEWOOD. WHEREAS, on August 10th, 2016 an initiative petition was submitted to the City Clerk's Office; and WHEREAS, the Englewood Home Rule Charter and State Statutes provide that this matter be forwarded to the Englewood City Council after the City Clerk certifies the validity and sufficiency of such initiative petition; and WHEREAS, the Englewood City Clerk has certified the validity and sufficiency of the signatures for the initiative petition; and WHEREAS, the City of Englewood is a Colorado Home Rule municipality duly organized and existing under the Englewood Home Rule Charter and the laws of the State of Colorado; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer's Bill of Rights ("TABOR") requires voter approval for any new tax, any increase in any tax rate, the creation of any debt, extension of an expiring tax, and the spending of certain funds above limits established by TABOR; and WHEREAS, November 8, 2016, is the Coordinated General Election for the State of Colorado and is one of the election dates at which ballot issues may be submitted to the eligible electors of the City pursuant to TABOR; and WHEREAS, in connection therewith, and if approved by a majority of the registered electors of the City voting in the November 8, 2106 Coordinated General Election, Title 4 of the Englewood Municipal Code shall be amended to add a new Chapter 6, "Retail Marijuana Sales Tax," as provided herein. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election November 8, 2016, the following ballot issue authorizing the City of Englewood to impose a Sales Tax of 3 .5% that may be raised up to 15% on the sale of Retail Marijuana in Englewood; provided the tax shall not be raised above 3.5% on or before January 1, 2018 and cannot be raised by more than 1.5% per year without further voter approval, so long as the rate of taxation does not exceed 15% and with the tax revenues being collected and used to fund local law enforcement, educational programs designated by the City, and other general operating expenses of the City of Englewood to read as follows: Ballot Issue __ SHALL THE CITY OF ENGLEWOOD IMPOSE AN ADDITIONAL SALES TAX OF 3.5% THAT MAY BE RAISED UP TO 15% ON THE SALE OF RETAIL MARimANA IN ENGLEWOOD; PROVIDED THE TAX SHALL NOT BE RAISED ABOVE 3.5% ON OR BEFORE JANUARY 1, 2018, AND CANNOT BE RAISED BY MORE THAN 1.5% PER YEAR, WITH THE TAX REVENUES BEING COLLECTED AND USED TO FUND LOCAL LAW ENFORCEMENT, EDUCATIONAL PROGRAMS DESIGNATED BY THE CITY AND OTHER GENERAL OPERATING EXPENSES OF THE CITY OF ENGLEWOOD? Yes No ------ Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law. Section 4. Only if the issue is approved by the registered electors of the City of Englewood shall the Englewood Municipal Code be amended. Section 5. For purposes of Section 1-11-203.5, C.R.S., this Resolution shall serve to set the title and content of the ballot issue set forth herein and the ballot title for such issue shall be the text of the issue itself. Any petition to contest the form or content of the ballot title may be filed with the District Court and a copy served on the City Clerk within five days after the title of the ballot issue is set by the City Council on final reading of this Resolution. Section 6. If any section, paragraph, clause, or other portion of this Resolution is for any reason held to be invalid or unenforceable, the invalidity or unenf orceability shall not affect any of the remaining portions of this Resolution. ADOPTED AND APPROVED this 6th day of September, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk • • • • Notice of Proposed Ordinance June 17, 2016 Englewood City Clerk Loucrishia Ellis Englewood Civic Center 1000 Englewood Parkway, 3rd Floor cityclerk@englewoodgov.org Ms. Ellis, RECEIVED CITY OF ENGLEWOOD, CO JUN 1 7 2016 ,,~(:: OFFICE OF THE CITY CLERK Below you will find the full text of a proposed ordinance to be submitted at the regular statewide general election on November 8, 2016. The. following two persons shall represent the proponents in all matters affecting the petition and should receive by mail all notices or information concerning the petition. Timothy Brown 3531 S Logan St. Ste D210 Tim@responsibleenglewood.org 720-955-7623 • Bruce Carter 3531 S Logan St. Ste D241 Bruce@responsibleenglewood.org 720-955-7623 Thank you, ~~~ / _./ Timothy Brown Full Text of Measure: Be it enacted by the City of Engle-wood, Colorado Ordinance Concerning Retail Marijuana Sales Tax in the City of Englewood, Colorado WHEREAS, the City of Englewood is a Colorado home rule municipality duly organized and • existing under the Englewood Home Rule Charter and the laws of the State of Colorado; and WHEREAS, Article X, Section 20 of the Colorado Constitution, also referred to as the Taxpayer's Bill of Rights ("TABOR") requires voter approval for any new tax, any increase in any tax rate, the creation of any debt, extension of an expiring tax, and the spending of certain funds above limits established by TABOR; and WHEREAS, November 8, 2016, is the coordinated general election for the State of Colorado and is one of the election dates at which ballot issues may be submitted to the eligible electors of the City pursuant to TABOR; and WHEREAS, in connection therewith, and if approved by a majority of the registered electors of the City voting in the November 8, 2016 coordinated general election, Title 4 of the Englewood Municipal Code shall be amended to add a new Chapter 7, "Retail Marijuana Sales Tax," as provided herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO OR THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO THAT: Section 1. Title 4 of The Englewood Municipal Code, "Municipal Finance and Taxation," is hereby amended by the addition of a new Chapter 7, entitled "Retail Marijuana Sales Tax," to read as follows: Chapter 7 RETAIL MARIJUANA SALES TAX 4-7-1: Administration and Enforcement. The Retail Marijuana Sales Tax imposed pursuant to this Chapter 7 shall be administered and enforced in accordance witl1 the provisions of Title 4, Chapter 4 of the Code, and in a manner consistent with the administration and enforcement of other City sales taxes, including, without limitation, any penalties for failure to make any return or to collect or pay any tax. 4-7-2: Definitions. When used in this Chapter, the following words and phrases shall have the following meanings, unless from the context it clearly appears that a different meaning is indicated: Consumer: A person twenty-one (21) years of age or older who purchases Retail Marijuana or Retail Marijuana Products for personal use by a person twenty-one (21) years of age or older but not for resale to others. • • Retail Marijuana: All parts of the plant of the genus cannabis whether growing or not, the seeds thereof, the resin extracted from any pa.ii of the plant, and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or its resin, including marijuana concentrate. "Marijuana" does not include industrial hemp, nor does it include fiber produced from the stalks, oil or cake made from the seeds of the plant, sterilized seed of the plant which is incapable of germination, or the weight of any other ingredient combined with mai·ijuana to prepare topical or oral administrations, food, drink or other product. Retail Marijuana does not include Medical Marijuai1a as defined in Article XVIII, Section 14, of the Colorado Constitution, under the • • Colorado Medical Marijuana Code, C.R.S. §12-43.3-101, et seq., and Title 5, Chapter 3D of the Code. • Retail Marijuana Products: Concentrated Retail Marijuana Products that are comprised of Retail Marijuana and other ingredients and are intended for use or consumption, such as, but not limited to, edible products, ointments, and tinctures. Retail Marijuana Sales Tax: The tax imposed on the sale of Retail Marijuana and Retail Marijuana Products pursuant to this Chapter and Title 5, Chapter 3D of the Code. Retail Marijuana Store: An entity licensed by the Colorado Department of Revenue to sell Retail Marijuana and Retail Marijuana Products to Consumers pursuant to Section 16 of Article XVIII of the Colorado Constitution and the "Colorado Retail Marijuana Code," Article 43.4 of Title 12, C.R.S., and licensed by the Local Licensing Authority pursuant to Section 5-3E-2 of the Code. 4-7-3: Imposition of tax. A. In addition to tl1e sales tax imposed by Title 4, Chapter 4 of the Code, there is imposed upon all sales of Retail Marijuana and Retail Marijuana Products to a Consumer by a Retail Marijuana Store a tax at the rate of three and one-half percent (3.5%) of the amount of the sale. B. The maximum tax rate that may be imposed pursuant to this Section is fifteen percent (15% ). At any time on or after January 1, 2017, the City may, by ordinance: 1. Establish another tax rate to be imposed pursuant to this Chapter 7 that is equal to or less than the maximum fifteen percent (15%) tax rate provided in this subsection; or 2. After establishing a tax rate that is lower than fifteen percent (15% ), increase or decrease the tax rate to be imposed pursuant to this Section; except that in no event shall the City increase the tax rate above fifteen percent (15%) of the amount of the sale of Retail Marijuana or Retail Marijuana Products. C. Nothing in this section shall be constmed to impose a tax on tl1e sale of marijuana or marijuana products to any person by a Medical Marijuana Center licensed by the Colorado Department of Revenue to sell Medical Marijuana and Medical Marijuana-Infused Products pursuant to the Colorado Medical Marijuana Code, Article 43.3 of Title 12, C.R.S., and licensed by the City pursuant to Title 5, Chapter 3D of the Englewood Municipal Code. To the extent any Retail Marijuana Establishment exists at the same location and under common ownership with a licensed Medical Marijuana Center, the retailer shall strictly segregate and account for sales of Retail Marijuana distinct from Medical Marijuana in accordance witl1 all applicable state and city laws and regulations governing co-location of Retail Marijuana Stores and Medical Marijuana Centers. 4-7-4: Purpose of tax. The City Council hereby declares that the purpose of the levy of the Retail Marijuana Sales Tax imposed by this Chapter is for raising funds for payment oflocal law enforcement expenses, educational programs designated by the City, and other general operating expenses of the City, according to such • allocations as may be designated by the City on an annual basis. 4-7-5: Revenue and spending limitations. Notwithstanding any limitations on revenue , spending, or appropriations contained in Section 20 of • Aiiicle X of the Colorado Constitution or any other provision of law, any revenues generated by the Retail Marijuana Sales Tax imposed pursuant to this Chapter, as approved by the voters at the general election on November 8, 2016, may be collected and spent as a voter-approved revenue change and shall not require further voter approval to modify the tax rate as provided in Section 4-7-3 or to collect and spend any revenue derived from a modified tax rate. Section 2. If any clause or provision of this ordinance is held to be invalid or unenforceable, the invalidity or unenforceability of the clause or provisions will not affect the validity of any of the remaining clauses or provisions of this ordinance, which, upon the date that it is to take effect, will become, and remain thereafter, in full force and effect. • • • • • MEMORANDUM TO: Mayor Jefferson and City Council Members FROM: Loucrishia A Ellis, City Clerk DATE: August 19, 2016 SUBJECT: Initiative Petition: Summary: The measure imposes a sales tax of 3.5% that may be raised up to 15% on the sale of retail marijuana in Englewood, provided the tax shall not be raised above 3.5% on or before January 1, 2018 and cannot be raised by more than 1.5% per year. The tax revenue would be collected and spent to fund local law enforcement, educational programs designated by the City, and other general operating expenses of the City of Englewood . Article 18 , Section 16 of the Colorado Constitution and C.R.S . § 39-28 .8-203(1)(a)(VI) allows local governments to impose taxes on the sale of retail marijuana. Voter approval is required before these taxes can be imposed . State of Colorado ) ) SS County of Arapahoe ) I, the undersigned, do hereby certify, pursuant to Colorado Revised Statutes §31-11- 109, that the Initiative Petition filed with the City Clerk's Office on August 10, 2016 has been reviewed and it has been determined to be valid and sufficient. anie Carlile, Deputy City Clerk cc : Eric Keck, City Manager • Date September 6, 2016 INITIATED BY City Clerk's Office Agenda Item 11cvi COUNCIL COMMUNICATION Subject Proposed resolution submitting to a vote of the registered electors of the City of Englewood , a question permitting the regulation and licensing of retail marijuana stores within the City limits of Englewood, Colorado. STAFF SOURCE Loucrishia A. Ellis , City Clerk COUNCIL GOAL AND PREVIOUS COUNCIL ACTION This initiative has been discussed at several meetings of Council. RECOMMENDED ACTION Approve the proposed resolution placing this issue on the November 8 , 2016 ballot. As the Initiative Petition has been declared valid and sufficient, and the City Clerk has certified those results to City Council , the City Clerk must certify the proposed ballot question to the Arapahoe County Clerk and Recorder . BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED On June 17, 2016, a written notice of the proposed initiative was filed with the City Clerk's Office in accordance with Colorado Revised Statutes § 31-11-104 ( 1 ) . • The deadline to turn in the petition was August 10 , 2016 by 5:00 p.m . and they needed at least 597 valid signatures of City of Englewood registered electors. On June 24 , 2016 , the City Clerk certified the Initiative Petition as to form . On August 10 , 2016 , the Initiative Petition was filed with the City Clerk's Office. Englewood City Charter, Article VI§ 46 ... lf the petition is sufficient, Council shall pass the proposed ordinance without alterations within 30 days, or shall submit same to a vote of the electors at the next general municipal election . If Council does not pass the ordinance without alterations , the proposed ballot question will be placed on the ballot at the City 's November 8 , 2016 Coordinated Election . FINANCIAL IMPACT Since costs are based on several variables, e.g. the number of registered electors in the City of Englewood at the time of the election, the number of entities participating in the election , the financial impact is only an estimate . The County 's estimate of our final cost is $11 ,659 .69. The cost of this additional ballot question has been factored in to this cost. LIST OF ATTACHMENTS Proposed resolution . Written notice of the proposed initiative . • Memo to Mayor Jefferson and City Council, dated August 19, 2016 , certifying the validity and sufficiency of the Petition . • • • RESOLUTION NO. SERIES OF 2016 A RESOLUTION SUBMITTING PROPOSED BALLOT LANGUAGE TO A VOTE OF THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD AT THE NEXT SCHEDULED MUNICIPAL ELECTION A PROPOSED BALLOT QUESTION AMENDING THE ENGLEWOOD MUNICIPAL CODE RELATING TO THE REGULATION AND LICENSING OF RETAIL MARIJUANA STORES . WHEREAS, on August 10th, 2016 an initiative petition was submitted to the City Clerk's Office; and WHEREAS, the Englewood Home Rule Charter and State Statutes provide that this matter be forwarded to the Englewood City Council after the City Clerk certifies the validity and sufficiency of such initiative petition; and WHEREAS, the Englewood City Clerk has certified the validity and sufficiency of the signatures for the initiative petition; and WHEREAS, in November 2012, Colorado voters approved Amendment 64 to the Colorado Constitution ("Amendment 64"), codified as Section 16 of Article XVIII of the Colorado Constitution, concerning the personal use and regulations of marijuana; and WHEREAS, Amendment 64 generally allows persons twenty-one years of age or older to consume or possess limited amounts of Marijuana and provides for the licensing of Marijuana cultivation facilities, product manufacturing facilities, testing facilities and retail stores; and WHEREAS, Amendment 64 further provides that local governments may adopt their own regulations governing certain aspects of Marijuana-related businesses. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. There is hereby submitted to the registered electors of the City of Englewood at the next scheduled municipal election on November 8, 2016 a proposed amendment to the Englewood Municipal Code of the City of Englewood, to read as follows: Ballot Question __ _ Shall the City of Englewood Municipal Code be amended to permit for the regulation and licensing of Retail Marijuana stores, subject to the conditions and limitations set forth in the Initiative Petition? Yes No ------ 1 Section 2. Each elector voting at said election and desirous of voting shall indicate his/her choice by depressing the appropriate counter of the voting machine or by the appropriate marking upon paper ballots where used. Section 3. The proper officials of the City of Englewood shall give notice of said next scheduled municipal election, such notice shall be published in the manner and for the length of time required by law, and the ballots cast at such election shall be canvassed and the result ascertained, determined, and certified as required by law . Section 4 Only if the question is approved by the registered electors of the City of Englewood shall the Englewood Municipal Code be amended. Section 5. If any section, paragraph, clause, or other portion of this Resolution is for any reason held to be invalid or unenforceable, the invalidity or unenforceability shall not affect any of the remaining portions of this Resolution. ADOPTED AND APPROVED this 6th day of September, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No. __ , Series of 2016. Loucrishia A. Ellis, City Clerk 2 • • • • • Notice of Proposed Ordinance June 17, 2016 Englewood City Clerk Loucrishia Ellis Englewood Civic Center 1000 Englewood Parkway, 3rd Floor citvclerk(ll;:en!.!lewoodgov .OT!! Ms. Ellis, RECEIVED CITY OF ENGLEWOOD, CO JUN 1 7 2016 .:p OFFICE OF THE CITY CLERK Below you will find the full text of a proposed ordinance to be submitted at the regular statewide general election on November 8, 2016. The following two persons shall represent the proponents in all matters affecting the petition and should receive by mail all notices or information concerning the petition. Timothy Brown 3531 S Logan St. Ste D210 Tim@responsibleenglewood.org 720-955-7623 Bruce Carter 3531 S Logan St. Ste 0241 Bruce@responsibleenglewood.org 720-955-7623 Thank you, ~ I 1~ • -·---...... .J Timothy Brown Full Text of Measure: Be it enC1cted by the City of Englewood: Ordinance Concerning the Regulation of Retail Marijuana Stores in the City of Englewood WHEREAS, in November 2012, Colorado voters approved Amendment 64 to the Colorado Constitution ("Amendment 64"), codified as Section 16 of Article XVIll of the Colorado Constitution, concerning the personal use and regulation of marijuana; and Page 1 WHEREAS, Amendment 64 generally allows persons twenty-one years of age or older to consume or possess limited amounts of marijuana and provides for the licensing of marijuana cultivation facilities, product manufacturing facilities, testing facilities and retail stores; and WHEREAS, Amendment 64 further provides that local governments may adopt their own regulations governing certain aspects of marijuana-related businesses; and WHEREAS, the City of Englewood would benefit from the presence of Retail Marijuana Stores so that adults can safely purchase Retail Marijuana and the City can generate additional tax revenue. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO OR THE REGISTERED ELECTORS OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section 1. Chapter 7-60-12-2 of Title 7 of the Englewood Municipal Code is hereby repealed in its entirety. Section 2. A new Chapter 3E is hereby added to Title 5 of the Englewood Municipal Code and shall read as follows: Chapter 3E -RETAIL MARIJUANA STORES 5-3E-1 Purpose. A. The City Council hereby declares that this Chapter shall be deemed an exercise of the police powers of the City for the protection of the economic and social welfare and the health, peace, and morals of the people of the City. B. The City further declares that it is unlawful to cultivate, manufacture, distribute, or sell Retail Marijuana, except in compliance with the terms, conditions, limitations, and restrictions set forth in this Chapter, Section 16 of Article XVIII of the State Constitution and Article 43.4 of Title 12, C.R.S., the Colorado Retail Marijuana Code. 5-3E-2 Powers and Duties of the Local Licensing Authority. A. The Local Licensing Authority shall grant or refuse local Licenses for the distribution and sale of Retail Marijuana as provided by law; suspend, fine, restrict, or revoke such Licenses upon a violation of this Chapter or a rule promulgated pursuant to this Chapter; and may impose any penalty authorized by this Chapter or any rule promulgated pursuant to this Chapter. The Local Licensing Authority may take action with respect to a License pursuant to this Title, and in accordance with the procedures established pursuant to this Chapter and in Title 5. B. The Local Licensing Authority shall promulgate such rules and make such special rulings and findings as necessary for the proper regulation and control of the distribution and sale of Retail Marijuana and for the enforcement of this Chapter. C. The Local Licensing Authority hereby adopts the minimum licensing requirements of Article 43.4 of Title 12 C .R.S. to apply to the issuance of a Retail Marijuana Store License. Page 2 • • • • • • D. On and after January 1, 2017, the Local Licensing Authority shall begin receiving and processing applications under this Chapter. The Local Licensing Authority is authorized to administratively approve any License application under this Chapter so long as the conditions set forth in this Chapter are met and the applicant has paid the operating fee and any other fees required by this Chapter. E. Prior to January 1, 2019, the Local Licensing Authority may receive and process applications for a Retail Marijuana Store pursuant to Section 5-3E-4 of this Chapter only if the applicant is a Medical Marijuana Center duly licensed as of June l, 2016 under Chapter 3D of the Code. 5-3E-3 Definitions. Any word or tenn used that is defined in any of the following provisions shall have the same meaning that is ascribed to such word or tenn as used in the following provisions: Article XVIII, Section 16 (2) of the Colorado Constitution; the Colorado Retail Marijuana Code, C.R.S . §12- 43.4-101, el seq.; Article XVIII, Section 14 (l)(f) of the Colorado Constitution; C .R.S. §25-1.5· 101, et seq.; or the Colorado Medical Marijuana Code, C.R.S. §12-43.3-101, el seq .. Colorado Medical Marijuana Code: Article 43.3 of Title 12 of the Colorado Revised Statutes, as amended, and any regulations promulgated thereto. Colorado Retail Marijuana Code or CRMC: Article 43.4 ofTitle 12 of the Colorado Revised Statutes, as amended, and any regulations promulgated thereto . Direct Measurement: A straight line from the nearest property line of the school or campus to the nearest portion of the building used for medical marijuana. Good Cause: For purposes of refusing or denying a License renewal, reinstatement, or initial License issuance means: 1. The Licensee or applicant has violated, does not meet, or has failed to comply with any of the terms, conditions, or provisions of Article 43.4 of Title 12 C.R.S., and rules promulgated pursuant to the CRMC, or any supplemental local law, rules, or regulations; 2. The Licensee or applicant has failed to comply with any special tenns or conditions that were placed on its License pursuant to an order of the State or Local Licensing Authority; 3. The Licensed Premises have been operated in a manner that adversely affects the public health, welfare or the safety of the immediate neighborhood in which the establishment is located. Evidence to support such a finding may include: a. A continuing pattern of offenses against the public peace, as defined in Title 7 of this Code. b. A continuing pattern of criminal conduct under state or local Jaw directly related to or arising from the Licensed Premise . Page 3 License: A license or registration granted pursuant to this Chapter. Licensed Premises: The premises specified in an application for a License under this Chapter, which are owned or in possession of the Licensee and within which the Licensee is authorized to distribute, or sell Retail Marijuana in accordance with the provisions of the Colorado Retail Marijuana Code. Licensee: A person licensed or registered pursuant to the Colorado Retail Marijuana Code and this Chapter. Local Licensing Authority: The Englewood Local Liquor and Marijuana Licensing Authority. Local Licensing Official: The Director of Finance and Administrative Services or designee. Location: A particular parcel of land that may be identified by an address or other descriptive means. Multi-Tenant Building: A building that is or can be occupied by more than one tenant. Person: A natural person, partnership, association, company, corporation, limited liability company, or organization, or a manager, agent, owner, director, servant, officer, or employee thereof: Premises: A distinct and definite location, which may include a building, a part of a building, a room, or any other definite contiguous area School: A public or private preschool or a public or private elementary, middle, junior high, or high school, college or principal campus of a college. State Licensing Authority: The Authority created for the purpose of regulating and controlling the licensing of the cultivation, manufacture, distribution, and sale of Medical and Retail Marijuana in this State, pursuant to Articles 43.3 and 43.4 of Title 12 C.R.S. 5-3E-4 Applications-Licenses. A. Eligibility for Licensure. A Medical Marijuana Center who is duly licensed under Chapter 30 of the Code and the Colorado Medical Marijuana Code as of June l, 2016 shall be permitted to convert to a Retail Marijuana Store or co-locate a Retail Marijuana Store with its Medical Marijuana Center by complying with the requirements of Chapter 3D for a renewal of a marijuana license and by submitting an application as provided in subsection5-3E-4(C) B. Conversion and Dual Operation. An applicant for a Retail Marijuana Store License under this Section 5-3E-4 may either: 1) surrender its existing Medical Marijuana Center license upon receipt of a Retail Marijuana Store License, thereby entirely converting an existing Medical Marijuana Center to a Retail Marijuana Store or 2) retain its existing Medical Marijuana Center license while co-locating a Retail Marijuana Store at the same location as permitted by the Colorado Retail Marijuana Code. Page 4 • • • • • • C. Application Forms. An application for a License shall be filed with the Local Licensing Authority on forms provided by the State and Local Licensing Authority. The application shall contain such information as the State and Local Licensing Authority may require. Each application shall be verified by the oath or affirmation of the persons prescribed by the State and Local Licensing Authority. Upon receipt of notice from the State Licensing Authority of the application for a license under the Colorado Retail Marijuana Code, the Local Licensing Authority shall determine whether the applicant qualifies for licensure under this Chapter 5- 3 E. The Local Licensing Authority shall notify the state and the Applicant in writing of its detem1ination as to whether the applicant qualifies for licensure as a Retail Marijuana Store no later than forty-five ( 45) days from the date the application was originally received by the Local Licensing Authority. D. Other Requirements. An applicant shall file, at the time of application for a License, plans and specifications for the interior of the building. 5-3E-5 Denial of Application. A. The Local Licensing Authority shall deny a Local License if the premises on which the applicant proposes to conduct its business do not meet the requirements of this Title or for Good Cause. B. If the Local Licensing Authority denies a Local License, the Applicant shall be entitled to a hearing pursuant to this Title. The Local Licensing Authority shall provide written notice of the grounds for denial of the Local License to the applicant. C. If an application is denied, the Licensing Authority shall set forth in writing the grounds for denial. 5-3E-6 Persons Prohibited as Licensees. The Local Licensing Authority hereby adopts the provisions and restrictions set forth in the Colorado Retail Marijuana Code. 5-3E-7 Restrictions for Applications for Retail Marijuana Store Licenses . A. The Local Licensing Authority shall not receive or act upon an application for the issuance of a State or Local License pursuant to this Title: I. Until it is established that the applicant is, or will be, entitled to possession of the premises for which application is made under a lease, rental agreement, or other arrangement for possession of the premises or by virtue of ownership of the premises; 2. For a Location in an area where the sale of Retail Marijuana as contemplated is not permitted under the applicable zoning laws; a. If the building in which Retail Marijuana is to be sold is located within: (i) two thousand (2,000) feet of a School, an alcohol or drug treatment facility, or a licensed child care facility, (ii) within two thousand five hundred (2,500) feet of a licensed · Retail Marijuana Store or Medical Marijuana Business existing at the time of Page 5 application; or (iii) within one hundred (100) feet of any residential dwelling unit in the City. The provisions of this Section shall not apply to a Retail Marijuana Store converted from or co-located with a Medical Marijuana Center under common ownership as permitted under Section 5-3E-4, or to any facility that has been previously licensed as a Medical Marijuana Business under the Code. The provisions of this Section shall not affect the renewal or re-issuance of a License once granted or apply to Licensed Premises located or to be located on land owned by a municipality; nor shall the provisions of this Section apply to existing Licensed Premises on land owned by the State, or apply to a License in effect and actively doing business before said principal campus was constructed. b. In addition to the requirements of C.R.S. §12-43.4-301, the Local Licensing Authority shall consider the evidence and make a specific finding of fact as to whether the building in which the Retail Marijuana is to be sold is located within any distance restrictions established by, or pursuant to, this Paragraph 4. c. The distances referred to in this Title are to be computed by direct measurement from the nearest property line of the land used for a School, licensed childcare facility, residential dwelling unit, or existing Retail Marijuana Store or Medical Marijuana Business to the nearest portion of the Retail Marijuana Store, using a route of direct pedestrian access. d. The City Council may at its discretion decrease, but not increase, the distances referred to in 5-3E-7(A)(2)(a). 5-3E-8 Transfer of Ownership. A. A State or Local License granted under the provisions of this Title shall not be transferable except as provided in this Section, but this Section shall not prevent a change of location as provided in C.R.S. § 12-43.4-309. B. For a transfer of ownership, a License Holder shall apply to the State and Local Licensing Authorities on fom1s prepared and furnished by the State Licensing Authority. In detennining whether to permit a Transfer of Ownership, the Local Licensing Authority shall consider only the requirements of this Title, any rules promulgated by the State or Local Licensing Authority, and any other local restrictions. 5-3E-9 Review and Approval of License. The Local Licensing Authority adopts the provisions and restrictions set forth in C.R.S. §12- 43.4-309 and Title 5 Chapter 1 of the Code. 5-3E-10 Licensing Renewal. A. A Licensee shall apply for the renewal of an existing License to the Local Licensing Authority not less than forty-five (45) days prior to the date of expiration. A Local Licensing Authority shall not accept an application for renewal of a License after the date of expiration, except as provided in subsection (B) of this Section. The State Licensing Authority may extend the expiration date of the License and accept a Late Application for Renewal of a Page6 • • • • • • License provided that the applicant has filed a timely renewal application with the Local Licensing Authority. All renewals filed with the Local Licensing Authority and subsequently approved by the Local Licensing Authority shall next be processed by the State Licensing Authority. The Local Licensing Authority, in its discretion, subject to the requirements of this Title and based upon reasonable grounds , may waive the forty-five (45) day time requirement set forth in this Title. The Local Licensing Authority may hold a hearing on the application for renewal only if: the Licensee has had written, verifiable complaints filed against it by the State or Local Licensing Authority; and has a history of violations as evidenced by a written determination by the State or Local Licensing Authority; or there are formal allegations against the Licensee that would constitute Good Cause. The Local Licensing Authority shall not hold a renewal hearing provided for by this Title for a Retail Marijuana Store until it has posted a notice on the Licensed Retail Marijuana Store premises in the manner described in C.R.S. §12-43.4-302 for a period of ten (10) days and provided notice to the Applicant at least ten ( 10) days prior to the hearing. The Local Licensing Authority may refuse to renew any License for good cause only after a bearing, subject to Judicial Review. B. 1. Notwithstanding the provisions of subsection (A) of this Section, a Licensee whose License had been expired for not more than ninety (90) days may file a late renewal application upon the payment of a nonrefundable late application fee of five hundred dollars ($500.00) to the Local Licensing Authority. A Licensee who files a late renewal application and pays the requisite fees may continue to operate until both the State and Local Licensing Authorities have taken final action to approve or deny the Licensee's Late Renewal Application . 2. The Local Licensing Authority will not accept a Late Renewal Application more than ninety (90) days after the expiration of a License. If a former Licensee files a renewal application after ninety (90) days from date of expiration, the application will be treated as a new license application. A former Licensee whose License has been expired for more than ninety (90) days shall not cultivate, manufacture, distribute, or sell any Retail Marijuana until all required Licenses have been obtained. 3 . Notwithstanding the amount specified for the Late Application Fee, the State and Local Licensing Authority by rule or as otherwise provided by law may, in its discretion, reduce the amount of the fee. S-3E-11 Inactive Licenses . The State or Local Licensing Authority, in its discretion, may revoke or elect not to renew any License if it determines that the Licensed Premises have been inactive , without Good Cause, for at least one ( 1) year. S-3E-12 Fees. Every Retail Marijuana Store shall pay an operating fee at the time of its initial application for Ii censure and a renewal fee at the time of each application for License renewal. This fee is imposed to offset the cost of administering this License. The initial application fee and renewal Page 7 fee shall be determined by the City Council and set by Resolution, but in no event shall either fee exceed one thousand dollars ($1,000.00). 5-3E-13 Hours of Operation. A Retail Marijuana Store may engage in the sale of marijuana or marijuana products between the hours of 8:00 a.m. and 8:00 p.m. daily; provided, however, that the City Council may at its discretion extend, but not further limit, such hours of operation. 5-3E-14 Disciplinary Actions: Suspension-Revocation-Fines. A. In addition to any other sanctions prescribed by the State Licensing Authority, the Local Licensing Authority has the power, on its own motion or on complaint, after investigation and opportunity for a public hearing at which the Licensee shall be afforded an opportunity to be heard; to suspend or revoke a License issued by the Local Licensing Authority for a violation by the Licensee or by any of the agents or employees of the Licensee of the provisions of this Title, or any other terms, conditions, or provisions of the License issued by the State or Local Licensing Authority. The Local Licensing Authority has the power to administer oaths and issue subpoenas to require the presence of persons and the production of papers, books, and records necessary to the determination of a Hearing. B. The Local Licensing Authority shall provide notice of suspension, revocation, fine, or other sanction, as well as the required Notice of the Hearing pursuant to this Title, by mailing the same in writing to the Licensee at.the address contained in the License. A suspension shall not be for a longer period than six (6) months. If a License is suspended or revoked, a portion of the fees paid therefore shall not be returned to the Licensee. C. 1. The Local Licensing Authority may, in its sole discretion, issue a fine in lieu of, or in addition to, a suspension. When determining whether to impose a fine in lieu of a suspension, the Local Licensing Authority make findings that: a. The public welfare and morals would not be impaired by permitting the Licensee to operate during the period set for suspension and that the payment of the fine will achieve the desired disciplinary purposes; b. The books and records of the Licensee are kept in such a manner that the loss of sales that the Licensee would have suffered had a suspension gone into effect can be detem1ined with reasonable accuracy; and c. The Licensee has not had his or her License suspended or revoked, nor had any suspension stayed by payment of a fine, during the two (2) years immediately preceding the date of the Motion or Complaint that resulted in a final decision to suspend the License. 2. The fine accepted shall be: (a) not less than five hundred dollars ($500.00) nor more than five thousand dollars ($5,000.00) for license infractions of a minor nature that do not directly impact the public health, safety, or welfare which shall include but are not limited to failure to display badges, unauthorized minor modifications of premises of a minor nature, minor clerical errors in inventory tracking procedures; and (b) not less Page 8 • • • • • • than one thousand dollars ($1,000.00) nor more than thirty thousand dollars ($30,000.00) for violations that have an immediate impact on the public health, safety, or welfare., including, but not limited to, a violation of C.RS. § 12-43.4-901(4)(e). 3. Payment of a fine shall be in the form of cash or in the form of a certified check or cashier's check made payable to the Local Licensing Authority, whichever is appropriate. D. Upon payment of the fine, the Local Licensing Authority shall enter its further order permanently staying the imposition of the suspension. If the fine is paid to a Local Licensing Authority, the governing body of the Authority shall cause the moneys to be paid into the General Fund of the Local Licensing Authority. F. If the Local Licensing Authority does not make the findings required in this Section and does not order the suspension permanently stayed, the suspension shall go into effect on the operative date finally set by the Local Licensing Authority. G. Each Local Licensing Authority shall report all actions taken to impose fines, suspensions, and revocations to the State Licensing Authority in a manner required by the State Licensing Authority. 5-3E-15 Inspection of Books and Records-Inspection Procedures. A. Each Licensee shall keep a complete set of all records necessary to show fully the business transactions of the Licensee, all of which shall be open at all times during business hours for the inspection and examination by the Local Licensing Authority or its duly authorized representatives. The Local Licensing Authority may require any Licensee to furnish such information as it considers necessary for the proper administration of this Title and may require an audit to be made of the books of account and records on such occasions as it may consider necessary by an auditor to be selected by the Local Licensing Authority who shall likewise have access to all books and records of the Licensee, and the expense thereof shall be paid by the Licensee. B. The Licensed Premises, including any places of storage where Retail Marijuana is stored, sold or dispensed shall be subject to inspection by the Local Licensing Authorities and their investigators, during all business hours and other times of apparent activity, for the purpose of inspection or investigation. For examination of any inventory or books and records required to be kept by the Licensees, access shall be required during business hours. Where any part of the Licensed Premises consists of a locked area, upon demand to the Licensee, such area shall be made available for inspection without delay, and, upon request by authorized representatives of the State or Local Licensing Authority, the Licensee shall open the area for inspection. C. Each Licensee shall retain all books and records necessary to show fully the business transactions of the Licensee for a period of the current tax year and the three (3) immediately prior tax years. Section 3. Subsection 2-6-l(B) of the Englewood Municipal Code is hereby amended to read as follows, with additions shown in bold, double-underlined text: Page 9 2-6-1 Licensing Authority Established. * * * (B) There is hereby established a Local Licensing Authority to issue only the following Medical and Retail Marijuana Licenses upon payment of a fee and compliance with all Local Licensing requirements to be determined by the Local Licensing Authority as set forth in Article~ 43.3 and 43.4 of Title 12, C.R.S.: I. A Medical Marijuana Center License. 2. A Medical Marijuana Optional Premises Cultivation Operation License. 3. A Medical Marijuana-Infused Products Manufacturer License. 4. A Retail Marijuana Store License. Section 4. The City Council declares that, should any provision, section, paragraph, sentence or word of this Ordinance be rendered or declared invalid by any final court action in a court of competent jurisdiction or by reason of any preemptive legislation, the remaining provisions, sections, paragraphs, sentences or words of this Ordinance as hereby adopted shall remain in full force and effect. Section 5. All the provisions of the Englewood Municipal Code as heretofore adopted that are in conflict with the provisions of this Ordinance are hereby repealed as of the effective date of this Ordinance. Section 6. The City Clerk shall certify to the passage of this Ordinance and cause notice of its contents and passage to be published or posted. This Ordinance shall become effective upon adoption. Page 10 • • • • • • MEMORANDUM TO: Mayor Jefferson and City Council Members FROM: Loucrishia A. Ellis, City Clerk DATE: August 19, 2016 SUBJECT: Initiative Petition: Summary: Shall the City of Englewood Municipal Code be amended as to permit for the regulation and licensing of retail marijuana stores, subject to the regulations , conditions , and limitations set forth in the initiative petition? State of Colorado County of Arapahoe ) ) SS ) I, the undersigned, do hereby certify, pursuant to Colorado Revised Statutes §31-11- 109, that the Initiative Petition filed with the City Clerk's Office on August 10, 2016 has been reviewed and it has been determined to be valid and sufficient . . ~ Attest: Ste cc : Eric Keck, City Manager • • • COUNCIL COMMUNICATION Meeting Date: Agenda Item: Subject: September 6, 2016 11cvii Resolution Approving Acting Pay for Acting City Attorney Initiated By: Staff Source: Human Resources Jayleen Schell, Human Resources Manager PREVIOUS COUNCIL ACTION On November 16, 2015, City Council accepted the resignation of the City Attorney and appointed an Acting City Attorney and approved acting pay of $117,281. On August 1, 2016, City Council appointed Alison McKenney Brown as the new City Attorney. RECOMMENDED ACTION Staff recommends City Council approve the attached resolution for a revision to the acting pay for Dugan Comer, Acting City Attorney due to the extended length of an acting position based on extenuating circumstances regarding the employment of the new City Attorney. BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED Alison McKenney Brown 's employment status is pending based on her admission to the Bar of the State of Colorado. Admission anticipation date is January, 2017. Therefore, Dugan Comer will remain the Acting City Attorney until her first day of employment. FINANCIAL IMPACT Additional $39,770 for 2016. LIST OF ATTACHMENTS Proposed Resolution . " • • • • RESOLUTION NO . SERIES OF 2016 A RESOLUTION ESTABLISHING THE SALARY FOR THE ACTING CITY ATIORNEY OF THE CITY OF ENGLEWOOD, COLORADO. WHEREAS, the City Council for the City of Englewood, by Section 64 of the Englewood Home Rule Charter, has the responsibility of establishing the salary for the City Attorney; and WHEREAS, on November 16, 2015 the Englewood City Council appointed an Acting City Attorney; and WHEREAS, on August lst, 2016 the Englewood City Council appointed Allison Brown as the new City Attorney; and WHEREAS, the Acting City Attorney was asked to remain as Acting City Attorney until such time as Ms . Brown is licensed to practice law in Colorado; and WHEREAS, ON August 22, 2016 the Englewood City Council determined that the salary of Acting City Attorney should be adjusted accordingly. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ENGLEWOOD, COLORADO, THAT: Section l. The base pay for the Acting City Attorney shall be $165,000.00 commencing on September 23, 2016 and retroactive to March lst, 2016 . ADOPTED AND APPROVED this 6th day of September, 2016. ATTEST: Joe Jefferson, Mayor Loucrishia A. Ellis, City Clerk I, Loucrishia A. Ellis, City Clerk for the City of Englewood, Colorado, hereby certify the above is a true copy of Resolution No . __ , Series of 2016 . Loucrishia A. Ellis, City Clerk